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Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

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A 

COMPLETE  INDEX 

TO  ALL 

L.R.A.  NOTES 


1  L.R.A.  to  L.R.A.1918F 

1888-1918 

Also  1  to  7  B.  R.  C. 


IN  ONE  VOLUME  AND  ONE  ALPHABETICAL 
ARRANGEMENT 


THE  LAWYERS  CO-OPERATIVE  PUBLISHING  COMPANY 

ROCHESTER,  N.  Y. 

1919 


Copyright  1919 

by 

TnE  LA';vyEKS  Co-operative  Pcblisiiixg  Coxir-AJiT 


E.  R.  AxDiiEws  Pkintinq  Company,  Rochester,  N.  Y. 


This  index  greatly  simplifies  the  use  of  L.R.A. 
because  it  brings  all  the  annotation  in  the  whole 
series,  from  1  L.R.A.  to  1918F,  into  a  single  volume 
under  a  single  alphabetical  arrangement. 

L.R.A.  annotations  now  cover  a  great  range  of 
subjects.  They  not  only  collect  the  authorities  for 
you,  but  thoroughly  analyze,  compare,  and  review 
them  so  as  to  give  exact  information  as  to  what 
the  courts  have  actually  decided.  In  multitudes  of 
instances  they  give  very  quickly  all  you  could  get 
by  days  and  weeks  of  investigation  elsewhere. 

The  constant  habit  of  always  looking  here  first 
on  every  question  of  law  will  prove  exceedingly 
profitable,  because  it  takes  little  time  to  look,  even 
if  you  fail  to  find  what  you  need,  while  surpris- 
ingly often  you  will  find  just  what  you  want,  and 
all  that  you  could  otherwise  find  by  long  and  labori- 
ous investigation. 

The  more  constantly  you  use  the  work  the  more 
highly  you  will  prize  it. 

Analogous  topics  covering  the  principle  of  your 
question  should  also  be  examined,  if  you  do  not  find 
that  specifically  indexed. 

The  use  of  digests  is  not  needed  when  your  ques- 
tion is  annotated,  except  for  later  cases. 


A  COMPLETE  INDEX 

TO 

A^LL    L.R.A^.    NOTES 

From  l  L.R.A,  to  L.R.A.1918  P 


ABANDONMENT. 

§    1.  Generally. 

Of  appeal,  see  Appeal  and  Error,  §  25. 

Of  business  by  corporation,  see  Corpora- 
tions, §  78b. 

Of  highway,  see  Highways,  VIII. 

Of  homestead,  see  Homestead,  III. 

Of  operation  of  railroads,  see  Railroads, 
§  44. 

Presianption  and  burden  of  proof  as  to, 
see  Evidence,  §  94. 

Of  scheme  by  loan  association,  eflTect  on 
application  on  mortgage  of  payments 
made  by  mortgagor  on  stock.  29 
L.R.A.  132. 

Of  unlawful  design,  effect  on  liability  for 
homicide.     63  L.R.A.  392. 

Effect  of  abandonment  of  unlawful  con- 
spiracy on  liability  for  homicide  in 
carrying  out  same.     68  L.R.A.  193. 

Effect  of  abandonment  of  joint  enterprise  or 
partnership  to  exclude  from  paticipa- 
tion  in  the  profits  thereof.  L.R.A. 
1918B,  679. 

Mandamus  to  restore  to  office  one  who  has 
abandoned   same.     19  L.R.A. (N.S.)    74. 

Carrier's  liability  for  abandonment  of 
freight.     39    L.R.A.  (N.S.)    644. 

Is  a  domicil  lost  by  abandonment  without 
intention  of  returning,  before  acquiring 
a  new  one.     40  L.R.A. (N.S.)   986. 

§   2.  Of  action  or  prosecution. 

Right  of  condemning  party  to  dismiss  con- 
demnation proceedings  after  award  oi 
verdict  and  before  confirmation  or 
judgment.     28    L.R.A.  (N.S.)     91. 

Of  suit  before  entry  as  affecting  justifica- 
tion under  writ  in  defense  to  action 
for  false  imprisonment.  4  L.R.A. (N.S.) 
451. 

Termination  of  civil  action  by,  so  as  to 
support  suit  for  malicious  prosecution. 
2  L.R.A. (N.S.)    951. 

Cotusult  also  L.R.A.  Digests  of  Cases. 


ABANDONMENT— cont'd 

Of  criminal  prosecution  as  termination  so 
as  to  support  suit  for  malicious  prose- 
cution.    2  L.R.A. (N.S.)    939,  941. 

Effect  of  abandonment  of  criminal  prose- 
cution to  create  presumption  of  want 
of  probable  cause.  12  L.R.A.  (N.S.) 
717. 

Conduct  designed  to  induce  litigant  to 
abandon  suit  as  a  contempt.  42  L.R.A. 
(N.S.)  722. 

§  3.  Of  property  or  property  rights 
generally. 

Of  easement,  see  Easements,  §  28. 

Of  homestead,  see  Homestead,  §  8. 

Of    leased    premises,    see    Landlord    and 

Tenant,  §  28. 
Of  mining  claim,  see  Mines,  §§  23,  26. 

Of  personal  property.     4  L.R.A. (N.S.)   573. 

Sale  of  real  property  as.  10  L.R.A. (N.S.) 
633. 

Effect  of,  on  right  to  revoke  license 
to  maintain  burden  on  land  after 
incurring  of  expense.  49  L.R.A. 
505. 

Effect  of  abandonment  on  title  to  real  prop- 
erty acquired  by  adverse  possession. 
24  L.R.A.(N.S.)    1161. 

Right  to  take  private  property  for  public 
use  without  compensation  on  theory 
that  it  has  been  abandoned.  39  L.R.A. 
(N.S.)    1029. 

Estoppel  of  possessor  of  land  to  assert 
claim  bv  abandonment.  13  L.R.A. 
(N.S.)    137. 

Right  to  testify  as  to  one's  intent  with 
reference  to  abandonment  of  easement 
or  other  right.    23  L.R.A. (N.S.)  397. 

Tenant's  or  cropper's  abandonment  of  crop 
as  affecting  riglits  and  interests  there- 
in.    46  L.R.A. (N.S.)   53. 

Reverter  of  land  conveyed  for  school  pur^ 
poses  upon  abandonment.  44  L.R.A. 
(N.S.)    1226. 


INDEX  TO  L.R.A.  NOTES. 


ABANDONMENT— cont'd 
§   4.  Of  water  rights. 

Of  rights  of  prior  appropriators  of  water, 

see  Waters,  §  91. 
Of     privilege    or     easement     incidental    to 

milldam.     32  L.R.A.^^N.S.)   47. 
Of    right    to    dam    back    water    of    stream. 

5!)  L.R.A.  838. 
Of  siirface  water  drain  by  city.     65  L.R.A. 

28«. 
Of   right  by   prior   appropriator  of  water. 

.30  L.R.A.  265. 
Of  proceedings  for  the  acquisition  of  water 

supply.     58  L.R.A.  253. 
Of  drain.     60  L.R.A.  249. 
Of  canal.     61  L.R.A.  871. 
Of  ferrv  franchise.     59  L.R.A.  554;  L.R.A. 

19i6D,  835. 

§   5.  Of  railroad  property. 

Right  to  compensation  for  superstructures  j 
on  abandoned  railroad.     66  L.R.A.  44.  , 

Of  railroad  deeded  to  company,  right  of  re- 
version on.     1  L.R.A.  (N.S.)   806. 

Devotion  of  abandoned  railroad  right 
of  way  to  a  different  use.  36  L.R.A. 
(N.S.)  515. 

§  6.  Of  leased  premises. 

See  Landlord  and  Tenant,  §  28. 

§   7.  Of  vessel. 

Of  insured  vessel,  see  Insubance,  §  176. 

Right  of  seamen  to  salvage  after  abandon- 
ment by  master.     64  L.R.A.  196. 

§  8.  Of  cemetery. 

By  town  or  municipalitv  of  ground  used 
for  cemetery.     42  L,R.A.(N.S.)   1216. 

Removal  of  remains  on  abandonment  of 
cemetery.     3  L.R.A.(N.S.)  493. 

R  9.  Of  franchise. 

Of  ferry  franchise.     59  L.R.A.  554;  L.R.A. 

1916D,  835. 
Of   corporate   franchise   as   excuse   for   not 

exhausting     remedies     at     law    before 

bringing     creditor's     bill.     23     L.R.A. 

(N.S.)    99. 

§  10.  Of  contract  or  rights  under. 

See  Contracts,  §  145. 

§  11.  By  husband  or  wife. 

In  goTieral,  see  Husband  and  Wife,  §§  70, 

71. 
As  grcund  for  divorce,  see  Divorce,  §§  24, 

24a. 

Effect  of  abandonment  on  wife's  statutory 
right  of  action  for  death  of  husband. 
L.R.A.1916E,  129. 

§    12.  Of  child. 

Recovery  for  death  of  child  by  parent  who 

hf>='  ahRrrlonofl     l^im.     1   'L.R.A.  (N.S.) 

1161;  L.R.A.1916E,  122. 

Necessity   ot    consent   or   notice   to   parents 

on  adoption  of  child  which  lias  been 

abandoned.     30   L.R.A. (N.S.)    147. 

Effect  of,  on  rights  of  parent  to  custody  of 

child.     41    L.R.A.(N.S.>    594.    606,' 


ABANDONMENT— cont'd 

Liability    of    parent    for    necessaries    fur- 

nislied     abandoned     child.     40     L.R.A. 

(N.S.)    489. 


ABATEMENT. 


Of  action  or  suit,  sec  Abatement  and  Rb- 
vival. 

Of  purchase  price  at  judicial  sale,  see  Ju- 
dicial Sale,  §  15. 

Of  nuisance,  see  Nuisances,  §§  21-23. 

From  purcliase  price  in  action  for  specific 
performance,  see  Specific  Perform- 
ance, §  28. 

In  purchase  price  for  deficiency  in  quantity 
of  land  sold,  see  Vendor  and  Pub- 
chaser,  §  21. 

Of  legacy,  see  Wills,  §  125. 

Of  wharf.     40  L.R.A.  646. 

Of  rent  on  destruction,  of  premises.  22 
L.R.A.  613. 

Of  obstruction  to  navigable  water.  59 
L.R.A.  91;   51  L.R.A. (N.S.)    1172. 

Of  dam.     59  L.R.A.  879. 

Determination  of  proportional  jiart  of  rent 
to  be  abated  upon  destriictioii  of  prem- 
ises.    L.R.A.1916F,  277. 

Right  of  purchaser  of  land  at  judicial  sal« 
to  abatement  of  purcliase  price  for  de- 
ficiency in  quantity.  28  L.R.A. (N.S.) 
393. 


Begin  toith  this  hook  on  every  law  question. 


ABATEMENT    AND    REVIVAL. 

§    1.  Generally. 

Of  appeal,  see  Appeal  and  Error,  §  26. 

Of  attachment  proceedings,  see  Attach- 
ment, §  18. 

Of  garnishment  proceedings,  see  Garnish- 
ment, §  21. 

By  repeal  of  statute,  see  Statutes,  §  34. 

Of  mandamus  to  restore  to  office  one  il- 
legally   removed.     19   L.R.A. (N.S.)    83. 

Reversal  on  merits  without  remanding  as 
har  to  new  action.  30  L.R.A. (N.S.) 
377. 

EfTect  of  condonation  of  matrimonial  of- 
fense on  pending  suit.     6  B.  R.  C.  638. 

Proof  under  plea  of  the  general  issue  in 
ejectment  of  matters  pleadable  in 
abatement.     L.R.A.1918F,  249. 

§   2.  By  death. 

Of  bastardy  proceedings,  see  Bastardy,  §  3. 

Effect  of  death  pendente  lite  of  one  having 
right  to  contest  will.  L.R.A.  1918A, 
480. 

Suicide  as  affecting  abatement  of  action  or 
cause  of  action.     L.R.A. 191 6A,   1141. 

Of  appeal  or  error  to  or  from  Federal  Su- 
preme Court  by  death  of  party.  66 
L.R.A.  856. 

Survival,  after  death  of  promisor,  of  con- 
tract to  pay  for  personal  services  ren- 
dered to  third  person.  13  L.R.A. (N.S.) 
643. 

Does  the  grantor's  right  to  rescind  *  for 
breacii  of  condition  as  to  support  de- 
scend to  his  heirs  or  representatives. 
23  L.R.A. (N.S.)  232. 


INDEX  TO  L.R.A.  NOTES. 


ABATEMENT  AND  REVIVAL— cont'd 
Of  bill  for  alimony.     2  L.R.A.(N.S.)   242. 
Survivability   as  a  test  of  assignability  of 
cause  of  action  for   personal  tort.     14 
L.R.A.  514. 
Action   against   physician   or   surgeon.      37 

L.R.A.  838. 
Abatement  of  action,  or  cause  of  action,  for 
breach     of     promise     of     marriage.     9 
L.R.A.(N.S.)    1020. 
Death  of  party  to  suit  for  libel  or  slander 

by  wife.     30  L.R.A.  529. 
Action  for  fraudulently  inducing  void  mar- 
riage.    33  L.R.A.  411. 
Siirvival  of  infant's  right  to  disaffirm  con- 
tract.    43  L.R.A. (N.S.)    714. 
Survival  of  cause  of  action  on  liquor  deal- 
er's  bond   after   death   of   licensee.     47 
L.R.A. (N.S.)   ]83. 
Does  contractual  obligation  or  provision  in 
tlecree  of  divorce  or  separation  for  the 
support  of  a  child  survive  the  death  of 
the  obligor.    48  L.R.A.  (N.S.)   429. 
Survival  of  cause  of  action  and  abatement 
and  revival  of  action  for  deceit  or 
false  representations  upon  death  of 
party.     52  L.R.A. (N.S.)    885. 
Survival  of  cause  of  action,  and  abatement 
and  revival  of  action,  for  malicious 
prosecution,  false  imprisonment,  or 
libel   and    slander,   upon    death   of 
party.     52  L.U.A.(N.S.)    1215. 
Abatement  of  action  for  mental  anguish  for 
negligence   in  transmission   of  telegram 
upon     death     of     plaintiff.     49    L.R.A. 
(>N.S.)   281. 

§  3.  —  action  for  personal  injury  or 
death. 

Effect  of  statute  declaring  a  cause  of  action 
for  death  survivable  to  render  it  as- 
signable.    27  L.R.A. (N.S.)   404. 

Law  governing  survival  of  cause  of  action 
for  personal  injury.  5  L.R.A. (N.S.) 
756. 

Suicide  as  affecting.     L.R.A.] 916A,  1141. 

Abatement  and  revival  of  actions  for  per- 
sonal injury  upon  death  of  plain- 
tiff.    L.11.A.1915E,   1104. 

Survival  of  right  of  action  under  Federal 
emplovers'  liabilitv  act.  47  L.R.A. 
(N.S.)    66;   L.R.A. 19150,  72. 

Does  statutory  action  for  wrongful  death 
survive  to  personal  representatives  of 
original  beneficiary.  24  L.R.A.  (N.S.) 
844. 

Survival  of  action  against  township  for  in- 
jury by  defects  in  highway.  13  L.R.A. 
(N.S.)    1243. 

Survival  of  action,  or  cause  of  action,  for 
wrongful  death  upon  decease  of  wrong- 
doer. 11  L.R.A.  (N.S.)  1157;  L.R.A. 
1916A,  1143. 

Does  husband's  action  for  damages  sustained 
by  him  on  account  of  personal  injury 
to  wife  abate  by  his  own  death  or  that 
of  the  wrongdoer.  17  L.R.A.  (N.S.) 
570. 

Right  of  personal  representative  of  em- 
ployee or  of  dependent  of  employee  en- 
titled to  recover  under  Workmen's 
Compensation   Act.     L.R.A.1917D,   166. 

Consult  also  L.R.A.  Digests  of  Cases^ 


ABATEMENT  AND  REVIVAI^-cont'd 

Right  of  personal  representatives  to  com- 
pensation that  was  being  paid  to  de- 
pendents or  employees  imder  Work- 
men's Compensation  Acts.  L.R.A. 
19] 8F,  563. 

§    4.  Dissolution  of  corporation. 

Abatement  of  action  by  or  against  corpora- 
tion, in  the  absence  of  a  saving  stat 
ute,  by  dissolution  or  expiration  of 
charter.     32  L.R.A. (N.S.)   446. 

Abatement  of  action  by  corporation  by  ap- 
pointment of  receiver.  50  L.R.A. (N.S.) 
386. 

§   5.  By  other  actions  pending. 

When  action  is  deemed  commenced  for  pur- 
pose of  abating  subsequent  action. 
52   L.R.A. (N.S.)    79. 

What  identity  of  issues  is  necessary  to 
abate   second   action.     L.R.A.1918A,   5. 

Action  on  policy  as  bar  to  action  to  re- 
form it.     12  L.R.A. (N.S.)   907. 

Pendency  of  suit  for  divorce  or  separation 
as  bar  to  another  suit  in  the  same 
state.     40  L.R.A.  (N.S.)    83. 

Pendency  of  action  for  personal  injury  aa 
abatement  of  action  for  death,  or 
vice  versa.     L.R.A.1915E,  1132. 

Pendency  of  suit  against  lessee  as  bar  to 
suit  against  lessor  in  case  of  injury  by 
negligence  of  company  using  railroad 
under  a  lease,  license,  or  other  con- 
tract.    L.R.A.1918E,   272. 

§    6.  —  suit  in  other  state. 

Suits  for  divorce  in  different  states.  59" 
L.R.A.  ]87. 

Recovery  of  judgment  for  exempt  claim, 
pending  garnishment  proceedings  in  an- 
other state.     35  L.R:A.(N.S.)    1154. 

Abatement  of  action  on  insurance  policy 
by  reason  of  pendency  of  action  in 
foreign  jurisdiction  on  the  policy.  2& 
L.R.A. (N.S.)    405. 

Garnishment  proceedings  and  an  action  to  *^ 
recover   the   debt   pending   in   different 
states  or  countries  as  sustaining  plea 
in  bar  or  abatement.    L.R.A.1917F,  1016. 

§   7.  —  Federal  or  state  court. 

Pendency  of  actions  in  both  state  and  Fed- 
eral courts  sitting  in  the  same 
state,    42  L.R.A,  449. 

Pendency  in  Federal  court  of  action  in 
personam  removed  from  state  court  as 
affecting  right  to  commence  new  action 
upon  same  cause  of  action  in  the  state 
court.     26   L.R.A. (N.S.)    969. 

§   8.  Revival. 

Revivor  of  action  for  death  or  bodily  in- 
jury in  other  state.     56  L.R.A.  222. 

Title  of  purchaser  at  judicial  sale  as  affect- 
ed by  want  of  revivor.    21  L.R.A.  44. 

Law  governing  revival  of  cause  of  action 
for  personal  injury.   5  L.R.A.  (N.S. )  756. 

Exclusiveness  of  particular  statutory  meth- 
od for  revival  of  action.  33  L.R.A. 
(N.S.)   576. 

Right  to  revive  suit  and  continue'  same 
against  foreign  representative  of  a  de- 
ceased defendant  over  whom  jurisdic- 
tion was  obtained  in  his  lifetime.  15 
L.R.A.(N.S.)   632. 


INDEX  TO  L.K.A.  ^OTEB. 


ABATEMENT  AND  REVIVAL— cont'd 

Revival  of  action  for  deceit  or  false  repre- 
sentations upon  death  of  party.  52 
L.K.A.(N.S.)    888. 

Revival  of  action  for  malicious  prosecution, 
false  imprisonment,  or  libel  and 
slander,  upon  deatli  of  party.  52 
L.U.A.(N.8.)    1220. 

Revival  of  action  for  personal  injury  upon 
death  of  plaintiff.    L.R.A.1915E,  1104. 


ABOLISUENG  OFFICE. 

See  Officebs,  §  21. 


ABORTION. 


ABBREVIATIONS. 

See  Name,  §  3. 


•♦»» 


ABDUCTION  AND  KIDNAPPING. 

Civil  action  for  abduction  of  child.  45 
L.R.A.(N.S.)    8G7. 

Of  criminal  as  defense  to  prosecution.  15 
L.R,A.  177. 

Proof  of  corpus  delicti  in  prosecution  for. 
68  L.R.A.  50. 

Evidence  of  specific  instances  to  prove  char- 
acter for  chastity  in  prosecution  for. 
14  L.R.A.(N.S.)  725;  L.R.A.1916B, 
967. 

Effect  of  defendant's  mistake  as  to  age  of 
girl.     25  L.R.A.(N.S.)    661. 

Right  of  one  wrongfully  brought  into  juris- 
diction to  be  released  on  habeas  corpus. 
12  L.R.A.(N.S.)   225. 

Taking  of  a  child  by  or  at  instance  of  one 
parent  from  the  custody  of  the  other 
as  kidnapping.  32  L.R.A.(N.S.)  845; 
L.R.A.1915E,  189. 


ABERRATION. 


As    affecting    testamentary    capacity. 
L.R.A.{N.S.)   94;  L.R.A.1915A,  463. 


27 


ABETTING. 


In  commission  of  crime,  see  Cbiminal  Law, 
§  25. 

Validity  of  contract  made  for  purpose  of 
abetting  public  enemy.  12  L.R.A. 
(N.S.)    606. 


ABILITY. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  681. 


AB  INITIO. 


Homicide  in  commission  of  or  attempt  to 
commit,  see  Homicide,  §  10. 

Cruel  and  unusual  punishment  for.     L.R.A. 

1915C,  565. 
Proof  of  corpus  delicti  in  prosecution  for. 

68  L.R.A.  42,  49,  70. 
Evidence  of  other  crimes  in  prosecution  for. 

62  L.R.A.  229. 

Admissibility  of  dying  declarations  in 
prosecution  for  homicide  by  commis- 
sion of,  or  attempt  to  commit,  abortion. 

63  L.R.A.  916. 

Admissibility  of  declarations  of  one  upon 
whom  an  abortion  is  committed,  against 
others  charged  with  complicity  therein. 
35  L.R.A.(N.S.)  1084;  L.R.A.1916C, 
570. 

Instigating  offense  as  defense  to  prosecu- 
tion,    30  L.R.A. (N.S.)    954. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance. 
38  L.R.A.(N.S.)  313. 


Does  subsequent  wrongful  act  by  one  who 
enters  premises  under  license  of  owner 
or  occupier,  make  him  a  trespasser  ab 
initio?    27  L.R.A. (N.S.)  442. 

Begin  ivith  this  book  on  every  law  question. 


ABRIDGMENT. 


As  infringement  of  common-law  right  in 
intellectual  productions.  51  L.R.A. 
378. 


ABSCESS. 

Liability  under  accident  policy  for  injury 
resulting  in,     47  L.R.A. (N.S.)    924. 


ABSCONDING  DEBTORS. 

As  nonresidents  for  purpose  of  attachment. 

19  L.R.A.  668. 
Attachment  against,    30  L.R.A.  470. 


ABSENCE. 


Presumption  of  death  from,  see  Evidenoe, 
§  30. 

Effect  of,  on  running  of  limitations,  see  Lim- 
itation OF  Actions,  §  46. 

Of  accused,  see  Criminal  Law,  §  46. 

Of  judge  during  trial,  see  Trial,  §  3. 

Absence  from  state  as  operating  to  renew 

mortgage  debt,     55  L.R.A.  685. 
Right  to  exclude  pupil  from  school  for.    41 

L.R.A.  597. 
Of  juror,  agreement  of  remaining  jurors  to 
"  verdict.     43  L,R,A.   69. 


INDEX  TO  L.R.A.  NOTES. 


ABSENCE— cont'd 

Of  maker  of  note  as  excuse  for  delay  in  en- 
forcing liability.     ]8  L.R.A.(N.S.)   560. 

Absence  of  accused  from  territorial  juris- 
diction at  time  of  offense  as  affecting 
jurisdiction  of  the  offense.  33  L.R.A. 
(N.S.)   33L 

Unwarrantable  comment  of  counsel  in  argu- 
ment to  jury  respecting  absent  wit- 
nesses.    L.R.A.3918D,  70. 


ABSENTEE. 


Constitutionality  of  statutes  providing  for 
administration  of  estate  of.  4  L.R.A. 
(N.S.)   944. 

Exhaustion  of  remedy  as  to  nonresident  or 
absent  debtor  as  condition  precedent 
to  creditor's  bill.     23  L.R.A. (N.S.)   85. 


ABSOLUTE  DEED. 


As  mortgage,  see  Mortgage,  §  15. 


ABSTRACT  B.OOKS. 

Right  to  copy  real-estate  records  for  pur- 
pose of  compiling  independent  set  of. 
6  L.R.A.(N.S.)   545. 

Power  of  court  to  decline  jurisdiction  of. 
6  B.  R.  C.  340. 


ABSTRACTS. 


g   1.  Generally. 

Right  of  abstracters  to  inspect  records.  27 
L.R.A.  82. 

Right  to  rent  or  other  compensation  from 
private  persons  or  corporations  mak- 
ing abstracts  of  public  records.  L.R.A. 
1918E,  942. 

Right  to  copy  real-estate  records  for  pur- 
poses of  compiling  independent  set  of 
abstract  books.    .")" L.R.A.  (N.S.)  545. 

Master's  rights  in  respect  to  abstracts  made 
by  employee.     5  L.R.A. (N.S.)    1190. 

Duty  of  vendor  as  to  abstract  of  title.  43 
L.R.A.(N.S.)  44. 

Tender  of  abstract  of  title  as  condition  of 
enforcing  forfeiture  for  vendee's  fail- 
ure to  pay  last  instalment  of  purchase 
money.     28  L.R.A.  (N.S.)    956. 

Right  of  purchaser  to  rely  on.  38  L.R.A. 
(N.S.)   8. 

§  2.  Negligence  in  making  or  examin- 
ing. 

Liability  of  attorney  to  client  for  mistake 
in    examination    of    titles,      52    L.R.A. 
889. 
Liability  of  officer  for  defects  in.    22  L.R.A. 

99. 
Liability    of    title    abstracter.      12    L.R.A. 
(N.S.)   449;  26  L.R.A.(N.S.)  1207; 
42  L.R.A.  (N.S.)  176;  L.R.A.1916D, 
826. 
Consult  also  L.R.A.  Digests  of  Cases. 


ABSURDITY. 

Belief  in,  as  insane  delusion.  37  L.E.A. 
267. 

Offense  of  obtaining  money  by  false  preten- 
ses as  affected  bv  absurdity  of  represen- 
tations made.  "6  L.R.A.(N.S.)  369; 
L.R.A.1916C,  1104. 


ABUSE. 

Of  process,  see  Abtjsk  of  Process. 

Of  discretion,  see  Appeal  and  Error,  §  29; 

Discretion. 
Of  passenger,  see  Carriers,  §§  10-15a. 
Liability  of  master   for  abuse  by   servant, 

see  Master  and  Servant,  §  172. 

Of  defendant  by  prosecuting  attorney  in  ar- 
gument.    46  L.R.A.  652. 

Of  adverse  litigant  by  counsel  in  argument 
to  jury.     L.R.A.1918D,  87. 

Provocation  by,  of  difficulty  in  which  homi- 
cide occurs.     45  L.R.A.  701. 

Right  of  officer  to  arrest  without  warrant 
for  abusive  language.  13  L.R.A. (N.S. ) 
881. 

Abuse  forcing  spouse  to  leave  marital  home 
as  desertion.     29  L.R.A. (N.S.)   615. 

Abusive  language  as  justification  for  as- 
sault on  passenger  by  train  employee. 
33  L.R.A.(N.S.)   280. 

Abusive  statements  by  person  causing  acci- 
dent made  sometime  thereafter  as  res 
gestce.    42  L.R.A. (N.S.)  926. 

Libel  or  slander  by  words  used  as  mere 
words  of  abuse.     L.R.A.1917D,  205. 


ABUSE  OF  PROCESS. 

Liability  for,  generally,  see  False  Impris- 
onment; Malicious  Prosecution. 

Extent  of  recovery  for,  see  Damages, 
§§  16a,  55. 

Liability  for  wrongful  levy,  see  Levy  and 
Seizure,  IV. 

Effect  of  malice  on  liability  for.  62  L.R.A. 
721. 

Whether  executor  or  administrator  to  be 
sued  in  personal  or  representative  ca- 
pacity for.     51  L.R.A.  266. 

Liability  of  oflScer  who  uses  criminal  proc- 
ess to  collect  a  debt.  24  L.R.A.(N.S.) 
301. 

Liability  for  procuring  judgment  on  spuri- 
ous claim  and  enforcing  same  against 
judgment  debtor's  property.  36  L.R.A. 
(N.S.)   1112. 

Municipal  liability  for  wrongful  legal  pro- 
ceedings instituted  by  its  officers  for  its 
benefit.    32  L.R.A. (N.S.)  34. 


INDEX  TO  L.R.A.  NOTES. 


ABUTTING   OWNERS. 

Adjoining  owners,   see   Adjoining   Owneb. 

Measure  of  compensation  to,  see  Damages, 
§§  89,  90. 

Injury  to,  by  elevated  railroad,  see  Elevat- 
ed Railroads,  §  2. 

Right  to  compensation  on  use  of  highway 
for  additional  purpose,  see  Eminent 
Domain,  §§  55-57. 

Allowance  to,  in  eminent  domain,  see  Dam- 
ages, §§  89,  90. 

Rights  in  highway,  see  Highways,  §§  11- 
14,  27. 

Rights  of  railways  in  street  as  to,  see 
Highways,  §  27;  Street  Railways, 
§4. 

Rights  of,  on  vacation  of  highway,  see 
Highways,  §  111. 

Requiring  abutting  owner  to  remove  snow, 
ice,  or  weeds,  from  highway,  see  High- 
ways, §  56. 

Liability  for  public  improvements,  see 
Highways,  §  47;  Public  Improve- 
ments. 

Municipal  liability  for  injuries  due  to  acts 
or  omissions  of,  see  Highways,  §§  61, 
62. 

Liability  of,  generally,  see  Highways,  §§ 
80-86. 

Liability  to,  for  grading  or  changing  grade 
of  street,  see  Highways,  §§  51,  53. 

Rights  of,  as  to  toll  bridges.    58  L.R.A.  157. 

Duty  of,  as  to  levees.     58  L.R.A.  759. 

Duty  of  municipality  to  keep  street  water 
off  from  abutting  property.  65  L.R.A. 
252. 

Right  of  abutting  owner  held  liable  for  tort 
to  contribution  or  indemnity  from  one 
actually  responsible  for  its  commission. 
40  L.R.A.(N.S.)   1150. 

Right  of  abutting  owner  to  make  improve- 
ments in  street.     44  L.R.A. (N.S.)    552. 

Right  of  action  of  occupant  of  premises 
abutting  on  highway  for  interference 
with  the  public's  view  of  goods  or  ad- 
vertising displayed  thereon.  6  B.  R. 
C.  493. 


ACCELERATION. 


Of 


By 


maturity   of   mortgage,   see  Mobtgage, 
§  65. 
Of  flow  of  surface  water,  see  Waters,  §  65. 
By  election  against  will,  see  Wills,  §  115. 

Of  remainder  by.  renunciation  of  life  estate. 

L.R.A.1915A,  671;  L.R.A.1918B,  64. 
Provision  accelerating  maturity  as  affecting 

negotiability    of    bills    and    notes.     35 

L.R.A.(N.S.)   390;  L.R.A.1915B,  472. 
Effect  of  provision  for,  in  mortgage  or  note 

to  start  statute  of  limitations  running. 

12  L.R.A.(N.S.)   1190;  51  L.R.A.  (N.S.) 

151;    L.R.A.1918F,   169. 
Provability   in   bankruptcy   of   claim   under 

provision   accelerating   future   rents    in 

case  of  default.     31   L.R.A.(N.S.)    270. 
Begin  ivith  this  hoolc  on  every  law  question 


ACCELERATION— cont'd 

Provisions  in  lease  accelerating  maturity  of 
future  rents  and  giving  lessor  right  to 
take  possession  upon  default  in  pay- 
ment of  rentals  or  upon  insolvency  of 
lessee  as  alternative  or  concurrent. 
L.R.A.1916B,  1101. 

Sufficiency  of  tender  of  payment  to  prevent 
acceleration  of  maturity  of  entire  debt. 
47  L.R.A. (N.S.)  980. 


ACCEPTANCE. 


§   1.  Generally. 

Of  part  payment  in  full,  see  Accobb  and 
Satisfaction. 

Of  assignment  for  creditors,  necessity,  see 
Assignment  fob  Creditors,  §  4. 

Of  bill  of  exchange,  see  Bills  and  Notes, 
§§  24,  25. 

Of  offer,  see  Contracts,  §§  22,  23. 

As  taking  contract  out  of  statute  of  frauds, 
see  Contracts,  §  56a. 

Of  work,  see  Contracts,  §§  130,  139. 

Of  dedicatior,  see  Dedication,  §  7. 

Of  deed,  see  Deeds,  §  9. 

Of  guaranty,  see  Guaranty. 

Of  highway,  see  Highways,  §  6. 

Of  insurance  policy,  see  Ixsubance,  §  38. 

Of  tenant's  surrender  of  premises,  see  Land- 
lord and  Tenant,  §  30. 

Of  office,  see  Officers,  §  ]5. 

Of  resignation  of  office,  see  Officers,  §  19. 

Of  property  sold,  see  Sale,  §§  21-25. 

Waiver  of  breach  of  warranty  by,  tee  Sale, 
§  59. 

Of  devise  or  bequest,  see  Wills,  §§  110-115. 

Of  conditional  pardon.     14  L.R.A.  287. 

Of    privilege    of    using    street.      50    L.R.A. 
148;  L.R.A.1918E,  895. 
ferry   license.  59   L.R.A.   533, 
water    furnished    to    municipality.      61 
L.R.A.  71. 

bond    in    Federal    Supreme   Court.      66 
L.R.A.  860. 
contract  of  reinsurance  by  insured.     44 
L.R.A.(N.S.)   318. 

Necessity  of,  and  time  for,  acceptance  of 
resignation  by  employee  of  a  private 
employer.    L.R.A.1935D,  477. 

Estoppel  to  deny  acceptance  of  replevin 
bond  which  has  served  its  purpose. 
29   L.R.A.(N.S.)    751. 

Implied  contract  for  through  carriage  by  ac- 
ceptance of  through  shipment.  31 
L.R.A. (N.S.)   5. 

Of  lease  by  receiver  or  assignee  of  creditors 
of   lessee.     59   L.R.A.   676. 

Vesting  of  title  to  leasehold  in  lessee's  trus- 
tee in  bankruptcy  as  independent  on  ac- 
ceptance by  trustee.  33  L.R.A. (N.S.) 
745. 

principal    of   purchaser   of   real   estate 
found  by  broker.    44  L.R.A.  616. 

By  debtor  of  surplus  arising  from  sale  un- 
der a  decree  as  affecting  his  right  to  ap- 
peal from  the  decree.    L.R.A.1918E,  106. 

Effect  of  acceptance  by  purchaser  where 
stipulations  as  to  title  in  executory  con- 
tract are  dissimilar  from  those  in  sub- 
sequently executed  conveyance.  31 
L.R.A.(N.S.)  459. 


Of 
Of 

Of 

Of 


INDEX  TO  L.R.A.  NOTES. 


ACCEPTANCE— cont'd 

Statute  of  limitations  applicable  to  action 
to  enforce  implied  promise  arising  from 
acceptance  of  devise  chargeable  with 
payment  of  legacy.  8  L.R.A.  (N.S.) 
393. 

§   2.  Of  service  of  process. 

Of  service  of  process  as  affecting  right  to 
injunction.     31    L.R.A.  205. 

Effect  of  acceptance  of  service  of  process  by 
publication  or  personally  outside  of 
state.     24  L.R.A. (N.S.)    1279. 


ACCEPTED  CHECK. 

Right  of  holder  to  maintain  action  thereon 
against  bank.     L.R.A.1916C,  177. 


ACCESS. 

§    1.  To  highway. 

Interference  with,  as  taking  of  property,  see 
Eminent  Domain,  §  44. 

Interference  with  access  to  highway  from 
part  of  parcel  not  taken  by  taking  of 
another  part  as  element  of  damages  in 
condemnation.     28  L.R.A. (N.S.)   385. 

Obstruction  in  highway  preventing  access 
to  property  except  by  circuitous  route 
as  a  special  injury  entitling  owner  to 
maintain  action  for  damages  or  for 
abatement  of  the  nuisance.  L.R.A. 
1917A,  1155. 

Abutter's  right  to  compensation  for  inter- 
ference with  by  railroad  in  street.  36 
L.R.A.  (N.S.)    730,    764. 

Right  of  abutting  owner  to  damages  for 
special  injuries  by  interference  with  in- 
gross  and  egress  where  street  railway 
is  not  considered  an  additional  burden. 
25  L.R.A.  (N.S.)    1267. 

Injunction  as  proper  remedy  to  protect 
right  to  ingress  and  egress  from  street 
to  abutting  property.  35  L.R.A. (N.S.) 
193. 

Liability  of  a  municipality  for  temporarily 
interfering  with  access  to  property  in 
making  improvements.  46  L.R.A. 
(N.S.)   620. 

Riglit  of  property  owner  whose  means  of  ac- 
cess from  one  direction  is  shut  off  or 
interfered  with  by  closing  of  adjoining 
street  or  portion  of  street  upon  which 
he  is  situated.  2  L.R.A. (N.S.)  269; 
30  L.R.A.(N.S.)  637;  52  L.R.A. (N.S.) 
889. 

§   2.  Miscellaneous, 

Easement  of,  generally,  see  Easements. 
To  water,  see  Waters,  §§  10,  11. 

Remedy  for  refusal  to  permit  access  to  chil- 
dren as  provided  bv  decree  of  divorce. 
L.R.A. 191 7B,  290. 

Consult  also  L.R.A.  Digests  o/  Cases, 


ACCESSION  AND  CONFUSION. 

Confusion  of  goods  by  inevitable  accident. 
L.R.A.1917D,  851. 

Title  by  accession  to  crops,  fruit,  and  tim- 
ber wrongfully  severed.  32  L.R.A. 
422. 

Trust  in  proceeds  of  collection  by  insol- 
vent bank  whore  proceeds  have  been 
mixed  with  its  own  funds.  32  L.R.A. 
719. 

Replevin  for  undivided  interest  in  com- 
mingled goods.     37  L.R.A. (N.S.)    270. 

Accession  to  property  which  is  tlie  subject 
of  a  conditional  sale  or  chattel  mort- 
gage.    L.R.A.1916E,  256. 

Does  chattel  mortgage  on  domestic  animals 
cover  their  increase  when  not  men- 
tioned  therein.      14   L.R.A.(N.S.)    431. 

Rights  and  remedies  of  owner  of  standing 
timber  which  has  been  manufactured 
into  lumber  after  expiration  of  time 
stipulated  for  removal.  29  L.R.A. 
(N.S.)    552. 

Lien  on  property  of  bankrupt  of  one  whose 
funds  are  wrongfully  used  in  purchas- 
ing  it.     9   L.R.A.  (N.S.)    876. 


ACCESSORY. 

See  Criminal  Law,  §  26. 


ACCIDENT. 


In  general,  see  Negligence, 

To  passenger,  see  Carriers,  III. 

To  person  on  highway,  see  Highways,  VI,; 
Negligence,  §§  24-28. 

To  insured,  see  Insurance,  VIII.  c,  2. 

To  person  on  railroad  track,  see  Railroads, 
VII. 

To  ])erson  on  street  railway  track,  see 
Street  Railways,  IV.  b. 

As  defense  to  criminal  prosecution,  see 
Criminal  Law,  §  15. 

Presumption  of  negligence  from  occurrence 
of,  see  Evidence,  III.  g. 

Opinion  evidence  as  to  cause  of,  see  Evi- 
dence, §  187a. 

Evidence  of  precautions  after,  see  Evidence, 
§  270. 

Evidence  of  other  accidents,  see  Evidence, 
§  273. 

Evidence  of  condition  before  and  after  acci- 
dent, see  Evidence,  §  274. 

Homicide  by,  see  Homicide,  §  14. 

As  ground  for  relief  from  judgment  by  de- 
fault, see  Judgment,  §  94. 

Proximate  cause  of,  see  Proximate  Cause. 

What  constitutes,  within  meaning  of 
Workmen's  Compensation  Act,  see 
•    Workmen's  Compensation,   §  8. 

See  also  Act  of  God! 

Confusion  of  goods  by  inevitable  accident. 
L.R.A.1917D,  851. 

Escape  and  explosion  of  gas  generated  by. 
29  L.R.A.  359. 

Imputing  to  employer  knowledge  of  proba- 
ble future   accidents.     41  L.R,A.  55. 


8 


INDEX  TO  L.K.A.  NOTES. 


ACCIDENT— cont'd 

Tenant's  implied  obligation  as  to  damages 
by.     64  L.R.A.  657. 

Equitable  relief  against  forfeiture  of  estate 
due  to  accident.    69  L.R.A.  849. 

As  ground  for  enforcement  in  equity  of 
grantee's  oral  promise  to  grantor  to 
hold  in  trust.    39  L.R.A.  (N.S.)  928. 

As  ground  for  relief  from  divorce  decree. 
L.R.A.1917B,  459. 

Incrt'iised  liability  for,  as  element  of  dam- 
asies  for  laying  out  street  across  rail- 
way property.     24  L.R.A.  (N.S.)    1232. 

Probative  effect  of  admission  by  party  of  re- 
sponsibility for.    15  L.R.A.(N.S.)  1096. 


accidentaij  injury. 

What  constitutes,  see  Workmen's  Compen- 
sation, §  12. 

As  an  assault.    14  L.R.A.227 ;  L.R.A.1917D, 
950. 


ACCIDENTAL  MEANS. 

Death  of  insured  by,  see  Insubancb,  §  165. 


ACCIDENT    INSURANCE. 

See  Insurance. 

♦-•-♦ 

ACCOMMODATION  PAPER. 

See  Bills  and  Notes,  §§  74-77. 

♦  »» 

ACCOMMODATIONS. 

At  inn  or  hotels,  see  Innkeepebs. 


ACCOMPLICE. 


Liability  for  acts  of,  see  Criminal  Law, 
§27. 

Who  .ore  accomplices,  see  Criminal  Law, 
§  28. 

Effect  of  agreement  for  immunity  of  ac- 
complice testifying  for  prosecution,  see 
Criminal  Law,  §  34. 

Corroboration  of,  see  Evidence,  §  321. 

Weight  of  self-contradictory  testimony  of, 
see  Evidence,  §  322. 

Competency  of,  as  witness,  see  Witnesses. 
§  11. 

Basing  indictment  upon  testimony  of.  28 
L.R.A.  339. 

Evidence  as  to  character  of.    20  L.R.A.  614. 

Effect  of  testimony  of,  to  require  instruc- 
tion of  law  of  circumstantial  evidence. 
69  L.R.A.  211. 

Begin  tvith  this  hook  on  every  Intv  questifin 


ACCORD   AND   SATISFACTION. 

§    1.  Generally. 

As  to  compromise,  see  Compromise  and  Set- 
tlement. 
As  to  payment  in  general,  see  Payment. 

Distinction  between  novation  and  accord 
executory.     12  L.R.A.(N.S.)  1134. 

Of  pastor's  claim  for  salary.  38  L.R.A. 
689. 

Of  partly  performed  contract  for  services. 
24    L.R.A.    233. 

Certification  of  check  as  release  of  drawer 
or  indorser.  9  L.R.A. (N.S.)  698;  29 
L.R.A.  (N.S.)   205. 

Acceptance  of  principal  sura  as  affecting 
right  to  interest.    40  L.R.A. (N.S.)  588. 

Secondary  agreement  abrogating  or  altering 
prior  contract  as  an  accord  and  satis- 
faction.    L.R.A.1915B,   59. 

Riglit  to  maintain  action  on  original  claim 
for  mere  failure  to  pay  at  time  stipu- 
lated in  agreement  of  accord  or  com- 
promise.    45   L.R.A.(N.S.)    1062. 

§   2.  By  third  person. 

With  one  joint  tort  feasor,  effect  on  liability 

of  other.     58  L.R.A.  300. 
Effect  of  payment  of  debt  by  a  volunteer  or 

stranger   to   the    original   undertaking. 

23  L.R.A.  120. 

§   3.  By  part  payment. 

By  part  payment  generally.  20  L.R.A.  785 ; 
11  L.R.A. (N.S.)  1018;  21  L.R.A. (N.S.) 
1005;  L.R.A.1917A,  719. 

By  stranger  or  volunteer.  20  L.R.A.  794; 
23  L.R.A.  120;  11  L.R.A. (N.S.)  1024; 
21  L.R.A.(N.S.)  1005;  L.R.A.1917A, 
724. 

Acceptance  of  remittance  of  part  of  the 
amount  of  an  unliquidated  or  disputed 
claim,  accompanied  with  the  statement 
that  it  is  "in  full,"  or  words  of  simi- 
lar import,  as  assent  to  its  receipt  in 
full  payment.  14  L.R.A. (N.S.)  443;  27 
L.R.A.(N.S.)   439. 

Right  of  town,  county  or  municipality  to 
surrender  valid  claim  on  partial  pay- 
ment thereof.     19  L.R.A. (N.S.)   320. 

§  4.  —acceptance  of  partial  allowance 
of  claim  by  public  body. 

Claims    against    the    United     States.       42 

L.R.A.(N.S.)     112. 
Claims    against    other    bodies.     42    L.R.A. 

(N.S.)   116. 
Claims    for    statutory    salary   or    pay.     42 

L.R.A.(N.S.)    12L 
Splitting  demands.     42  L.R.A. (N.S.)   121. 
Miscellaneous.     42  L.R.A. (N.S.)    12L 


ACCOUNTANT. 


Duty  and  liability  of  expert  accountants. 
45  L.R.A. (N.S.)   205. 

Stockholder's  right  to  assistance  of,  in  in- 
specting corporate  books.  20  L.R.A. 
(N.S.)    197. 


INDEX  TO  L.R.A.  NOTES. 


ACCOUNT  BOOKS. 

Evidence  of  contents  of,  see  Evidence,  §  120. 
As  evidence,  see  Evidence,  §§  139-144. 

Of  public  officers,  right  to  inspect.  27 
L.R.A.   83. 

Contemporary  promise  of  one  person  to  pay 
charge  in  account  boolc,  where  benefit 
enures  to  another,  as  a  promise  to  an- 
swer f6r  a  default  of  another  within 
statute  of  frauds.     15  L.R.A.  (N.S.)  224. 

Assumption  of  debts  on  dissolution  of 
partnership  by  entries  on  !)ooks  of  new 
firm.     9  L.R.A.(N.S.)    65. 


■♦•» 


ACCOUNTING. 

§    1.  Generally. 

Between  cotenants,  see  Cotenancy,  §  8. 
By  personal  representative,  sec  Executors 

AND    AlJMINISTKATORS,    §§    50-53. 

By  guardian,  see  Guardian  and  Ward,  § 

10a. 
Between  partners,  see  Partnership,  §§  50, 

51. 
By  n^ceiver,  see  Receivers.  §  24. 
By  trustee,  see  Trusts,  §  31. 

Admiralty  jurisdiction  of.     66  L.R.A.  235. 

Jurisdiction  and  determination  of  suits  in- 
volving au  accounting  between  part 
owners  of  ship.     L.R.A.1917A,  1109. 

Jurisdiction  of  equity  over  suits  for  account- 
ing with  respect  to  real  property  in 
another  state  or  countrv.  69  L.R.A. 
691;    23  L.R.A.  (N.S.)    924. 

Eight  under  statute  to  an  order  for  the 
examination  of  an  adverse  party  to  en- 
able one  to  frame  his  pleadings  where 
latter  is  entitled  to  an  accounting. 
L.R.A.1918C,  593. 

For  trust  in  gold  or  silver.     29  L.R.A.  523. 

Necessity  for,  as  ground  for  injunction 
against  judgment.     31  L.R.A.  768. 

As  against  persons  not  in  being.  8  L.R.A. 
(N.S.)  09. 

Right  of  policv  holder  to  an  accounting  by 
insurer.     28  L.R.A. (N.S.)   559. 

Duty  to  account  for  lasting  articles  under 
bequest  of  chattels  for  life.  16  L.R.A. 
(N.S.)   486. 

Right  of  ward  to  maintain  common-law 
action  of  account  against  guardian. 
26  L.R.A.  (N.S.)    789. 

Officer's  duty  to  account  for  money  or  prop- 
erty recovered  as  result  of  litigation. 
42   L.R.A. (N.S.)    697.  * 

Liability  of  public  officer  to  sureties  of 
another  public  officer  for  loss  sustained 
by  them  through  former's  neglect  to 
require  proper  settlement  of  accounts. 
28  L.R.A. (N.S.)    115. 

Right  of  promoter  to  maintain  suit  for  ac- 
counting against  fellow-promoterd. 
L.R.A. 1918E,    849. 

§   2.  By  or  to  mortgagee. 

Effect  of  provision  for  accounting  to  mort- 
gagee in  chattel  mortgage  of  stock  of 
merchandise  containing  provision  giving 
possession  and  power  of  sale  to  mort- 
gagor.    36  L.R.A.(N.S.)   1187. 

Consult  also  L.R.A.  Digests  of  Cases. 


ACCOUNTS. 

§    1.  Generally.  ' 

Account  books  as  evidence,  see  Evidence, 
§§   139-144. 

Entries  in  account  books  as  evidence,  see 
Evidence,  §  120. 

Running  of  limitations  upon,  see  Limita- 
tion OF  Actions,  §§  29,  30. 

Compulsory  reference  in  actions  involving, 
see  Reference,  §  2a. 

Devise  or  bequest  of  store,  shop,  or  business 
aa  passing  book  accounts.  L.R.A.1917D, 
437. 

Future;  mortgage  or  assignment  of.  14 
L.R.A.  126. 

Assignment  of  future  book  accounts  not 
arising  out  of  existing  contract.  L.R.A. 
1918A,  126. 

Manner  of  pledging  or  assigning  book  ac- 
count.    27  L.R.A.(N.S.)    666. 

Application  of  usury  law  to  purported  sale 
or  assignment  of  accounts.  L.R.A. 
1917E,  1121. 

Outstanding  accounts  as  property  or  credit 
subject  to  taxation.  29  L.R.A. (N.S.) 
60. 

Right  of  ward  to  maintain  common-law  ac- 
tion of  account  against  guardian.  26 
L.R.A.(N.S.)   789. 

What  constitutes  a  certification  of,  as  re- 
quired by  fidelitv  bond  or  contract. 
10   L.R.A.(N.S.)   *323. 

Right  to  sue  upon  separate  items  of  ac- 
count for  goods  sold  upon  stated  periods 
of   credit.      13   L.R.A. (N.S.)    529. 

Injunction  against  sale  under  power  in  mort- 
gage because  overstatement  in  disputed 
or  complicated  accounts.  35  L.R.A. 
(N.S.)  910. 

Collateral  attack  for  fraud  not  affecting 
jurisdiction  on  judgments  and  orders 
confirming  accounts.  36  L.R.A  (N.S.) 
982. 

§   2.  Accounts  stated. 

Consent  to,  see  Consent,  §  3. 
Element  of  time  in,  see  Time,  §  7. 

What    constitutes    an    account    stated.      27 

-      L.R.A.  811. 
Effect  of  retaining  statement  of  accoimt  to 
render  it  an  account  stated.    29  L.R.A. 
(N.S.)   334;  L.R.A.1917C,  447. 
Character  of  the  claims  which  may  be  the 
subject     of     account     stated.       4") 
L.R.A. (N.S.)  534. 
Effect  of  statement  of  amount  due  on  in- 
strument for  payment  of  money  to  sus- 
tain  action  as   on   stated   account.     24 
L.R.A.(N.S.)   1237. 
Illegal  character  of  original  transaction  as 
defense  to  an  action  on  account  stated. 
45  L.R.A. (N.S.)   539. 
Right  to   defend   action   on   stated  account 
by  showing  breach  of  contract  on  which 
1  founded.    6  L.R.A. (N.S.)    820. 


10 


INDEX  TO  L.R.A.  NOTES. 


ACCOUNTS— cont'd 

Effect  of  dispute  as  to  certain  items  of  an 
account  upon  assent  to  other  items.     7 
L.R.A.{N.S.)   924. 
Effect  of  statement  of  account  by  executor 
to  waive  or  toll  statute  of  limitations 
as   to    an    indebtedness    of    the    estate. 
L.R.A.1915B,  1048. 
Mistake    in    statement    of    commodity    fur- 
nished as  affecting  the  right  to  re- 
cover for  a  larger  amount  actually 
furnished.     L.R.A.1915B,  711. 
Conclusiveness  of  stated  or  settled  account 
containing  inaccuracy  or  error   in 
method    of    mathematical    calcula- 
tion.    23  L.R.A.(N.S.)    787. 


ACCOUNT   STATED. 


See  Accounts,  §  2. 


ACCRETION. 


In  general,  see  Watebs,  ^§  22,  41. 

In  value  of  corporate  assets  as  basis  of  divi- 
dends.    L.R.A.1915D,  1052. 


ACCRUED  BENEFITS. 

Application  of  dues  or  assessments  accru- 
ing on  benefit  certificate.  55  L.R.A. 
605. 


As 


ACCRUED  INTEREST. 

part  of  par  value  with  prohibition 
against  sale  of  bonds  at  less  than  par. 
35  L.R.A.(N.S.)  789. 


ACCUMULATED  INTEREST. 

Right  in  case  of  renewal  of  loan  to  compute 
interest  on  basis  of  including  accumu- 
lated interest  as  part  of  principal  of 
renewal.     6   L.R.A.(N.S.)    612. 


ACCUMULATIONS. 


Representation  or  estimate  of  insurance 
company   as  to.     L.R.A.19]8r,   343. 

Taxation  of,  as  part  of  capital  stock  of  cor- 
poration.     58    L.R.A.   5«9. 

Effect  of  direction  for,  on  validity  of  chari- 
table gift.    2  R.  R.  C.  880. 

Right  of  estate  of  one  entitled  by  will  or 
statute  to  an  allowance  for  support 
and  maintenance  to  accumulation  un- 
drawn and  unexpended  at  time  of  her 
death.     9  L.R.A.(N.S.)  997. 

Begin  ivith  this  hoolc  on  ever)/  law  question. 


ACCUMULATION— cont'd 

Effect  of  provision  for,  on  time  for  ascer- 
.  taining  member  of  class  described  as 
testator's  "heirs,"  "next  of  kin,"  "re- 
lations," etc.,  to  whom  estate  in  real 
or  personal  property  is  limited  by  way 
of  remainder  or  executory  gift.  33 
L.R.A.  (N.S.)    12. 

Recovery  by  administrator  in  action  for 
benefit  of  estate  of  probable  accumula- 
tions of  deceased  as  damages  for  his 
death.     ] 5  L.R.A. (N.S.)  451. 

Right  on  dissolution  of  benefit  association 
or  local  branch  thereof  to  funds  volun- 
tarily accumulated  by  the  branch  to  be 
expended  solely  for  benefit  of  its  mem- 
bers.    15  L.R.A. (N.S.)    338. 


ACCUSED. 

Character  of,  see  (Jharacteb,  §  2a. 
Protection  of,  on  criminal  prosecution,  see 

Cbiminal  Law,  §§  43-54. 
Presence   of,   at  trial,   see   Cbiminal   Law, 

§  46. 
Admissibility   in   evidence  of   things   taken 

from,  see  Evidence,  §  153. 
Confession  by.  see  Evidence,  §§  207-214. 
Surrender  by,  see  Surrender,  §  2. 
Cross-examination  of,  see  Witnesses,  §  37. 

Contempt  by  publication  refiecting  upon  de- 
fendant in  criminal  case.  L.R.A.1917E, 
713. 

Right  of  court  to  caution  jury  as  to  be- 
lieving testimony  of  accused  in  his  own 
behalf.     19  L.R.A. (N.S.)   802. 

Admissibility  in  behalf  of  accused  of  extra- 
judicial confession  of  stranger.  37 
L.R.A.(N.S.)   345. 


ACKNOWLEDGMENT. 

§   1.  Generally. 

To  toll  statute  of  limitations,  see  Limita- 
tion OF  Actions,  §§  68-71. 

By  payee,  in  indorsement  of  liability  as 
maker.     7  L.R.A.(N.S.)    400. 

Of  deed  executed  by  attorney  in  fact  or 
agent.     41  L.R.A. (N.S.)    823. 

Leaving  blank  for  name  of  party  in  certifi- 
cate of  acknowledgment.  19  L.R.A. 
279. 

Presumption  as  to  time  of  alteration  in.  39 
L.R.A.  (N.S.)   115. 

Sufficiency  of  evidence  to  impeach  certifi- 
cate of  acknowledgment  of  deed.  6 
L.R.A. (N.S.)   442. 

Effect  of  defective  acknowledgment  on 
marketability  of  title.  38  L.R.A.  (N.S.) 
20. 

Right  to  attach  certificate  of  acknowledg- 
ment after  date  of  acknowledgment.  22 
L.R.A. (N.S.)    216. 

Liability  of  notary  or  other  officer  certify- 
ing to  acknowledgment  or  affidavit. 
49  L.R.A.(N.S.)   45. 


INDEX  TO  L.R.A.  NOTES. 


11 


ACKNOWLEDGMENT— cont'd 
§   2.  Who  may  take. 

Right  of  interested  persons  to  take  acknowl- 
edgment. 33  L.R.A.  332. 
Acknowledgment  before  a  stockholder  or 
officer  of  a  corporation  which  is  a 
party  to  the  instrument.  23  L.R.A. 
(N.S.)  1075;  41  L.R.A.(N.S.)  375. 
Validity  of  acknowledgment  of  deed  of  trust 

taken  by  trustee.     16  L.R.A.  719. 
Power  of  consul  to  take  acknowledgment  of 
deeds     and     powers     of     attorney.     45 
L.R.A.  499. 

§   3.  Siiflficiency;    necessity. 

Sufficiency  of  abbreviation  to  show  official 
cliaracter  of  officer.     14  L.R.A.  815. 

Effect  of  grammatical  defects  in  certificates 
of  acknowledgment.  11  L.R.A. (N.S.) 
643. 

Form  and  sufficiency  of  certificate  of  mar- 
ried woman's  acknowledgment.  45 
L.R.A. (N.S.)   1109. 

Validity  of  acknowledgment  taken  over  tele- 
phone.    30  L.R.A. (N.S.)  358. 

Tax  deed  as  color  of  title  where  acknowl- 
edgment is  defective.  11  L.R.A. (N.S. ) 
780. 

Necessity  for  acknowledging  assignment 
for  creditors  as  against  attaching  credi- 
tor.    26  L.R.A,  594. 

§   4.  Correcting  or  curing  defects. 

Right  to  correct  certificate  of  acknowledg- 
ment after  date  of  acknowledgment.  22 
L.R.A. (N.S.)   216. 

Constitutionality  of  statutes  curing  defect- 
ire  acknowledgments  of  conveyances  of 
real  property.     31   L.R.A. (N.S.)    1076. 

§   5.  Inipeachment  of. 

Impeachment  of  certificate  of  acknowl- 
edgment.    41  L.R.A.  (N.S.)  1161. 


ACQUAINTANCE. 


As  essential  to  nonexpert  opinion  as  to  san- 
ity or  insanity.     38  L.R.A.  729. 


ACQUIESCENCE. 


Estoppel  by,  see  Estoppel,  §§  18-26. 

In  boundary  line.     21  L.R.A.  834. 
Liability  of  corporate  directors  for  acts  in 

excess  of   their  poAvers  as  affected  by. 

55  L.R.A.  761. 
In  servant's  violation  of  rules  promulgated 

for  conduct  of  business.    43  L.R.A.  368. 
By  employee  in  taking  out  of  patent  by  his 

employer.     5  L.R.A. (N.S.)    1179. 
Effect   of   acquiescence   in    adjudication    on 

right  to  appeal  therefrom.     29  L.R.A. 

(N.S.)    27. 
In   violation   of   injunction   as   justification 

therefor.     9  L.R.A. (N.S.)    304. 
By  creditor  in  assumption  of  debts  on  dis- 
solution of  partnership.   9  L.R.A. (N.S.) 

83:  48  L.R.A.  (N.S.)    .')52. 
Consult  also  L.R.A.  Digests  of  Cases. 


ACQUITTAL. 

Former  acquittal  as  a  bar,  see  Cbimixai. 
Law,  §§  59-64. 

As  evidence  of  want  of  probable  caiise  for 
prosecution,  see  Malicious  Prosecu- 
tion, §  7. 

For  other  crime,  efTect  on  admissibility  of 
evidence  of  such  crime.     62  L.R.A.  342. 

Termination  of  criminal  prosecution  by,  so 
as  to  support  a  suit  for  malicious 
prosecution.     2  L.R.A. (N.S.)   929. 


ACQUITTANCE. 


Forgery  by  making  or  altering.     54  L.R.A. 
796. 


ACTION  IN   REM. 

See  Proceeding   in   Rem. 


♦  ♦♦■ 


ACTION  ON  THE  CASE. 

See  Case. 

♦*-# 


ACTION  OR  SUIT. 

I.  In  general,  §§  1-6. 
II.  When    right    of    action    accrues 
generally,  §    7. 

III.  Conditions    precedent,  §§    S'll. 

IV.  Defenses,  §§  12-10. 

V.   Splitting;       successive       OAitions, 

§    17. 
VI.  Joinder,  §§  18,  19. 
VII.  Stay,  §  20. 
VIII.  Commencement,  §  21, 

I.  In  general. 

§    1.  Generally. 

Abandonment  of,  see  Abandonment,  §  2. 

Abatement  and  revival,  see  Abatement  and 
Revival. 

Appearance  in,  see  Appearance. 

Compromise  of,  see  Compromise  and  Set- 
tlement. 

Jurisdiction  of,  see  Courts. 

Dismissal  or  discontinuance  of,  see  Dis- 
missal AND  Discontinuance. 

Election  of  remedy,  see  Election  of  Reme- 
dies. 

Against  estate  of  decedent,  see  Executors 
AND  Administrators,  §§  58,  61. 

Guardian's  power  over,  se^  Guardian  and 
Ward,  §  9. 

Injunction  against,  see  Injunction,  §§  40- 
46. 

On  judgment,  see  Judgment,  VII.  b. 

Limitation  of,  see  Limitatio.\  of  Actions. 

Interruption  of  statute  of  limitations  by, 
see  Limitation  of  Actions,  §§  63,  64. 


12 


INDEX  TO  L.R.A.  NOTES. 


ACTION  OR  SUIT,  I.— cont'd 

Malicious    prosecution    of,    see    Malicious 

Prosecution. 
Termination   of,   for   purpose   of   malicious 

prosecution    therefor,    see    Malicious 

Prosecution,  §  9. 
Municipal    liability    for   acts   of   officers   or 

agents   in    instituting,    see   Municipal 

COBPOBATIONS,   §   84. 

Parties  to,  see  Parties. 

Private  action,  see  Private  Action. 

Removal  of,  see  Removal  of  Causes. 

Replevin  suits,  see  Replevin. 

Effect  of  repeal  of  statute  on,  see  Statutes, 
§  34. 

Enforcement  of  tax  by  action,  see  Taxes, 
§  69. 

Trial  of,  see  Trial. 

Venue,  see  Venue. 

As  to  service  of  process,  see  Writ  ^nd  Proc- 
ess, II. 

Privilege  from  suit,  see  Writ  and  Process, 
§§  30-37. 

On  assignment,  see  Assignment,  §  15. 

On  bill  or  note,  see  Bills  and  Notes,  §§  61- 
72. 

On  contract,  see  Contracts,  VII. 

To  recover  tax,  see  Taxes,  §§  86,  87.      . 

To  recover  legacy,  see  Wills,  §  107. 

To  construe  will,  see  Wills,  §§  130,  131. 

By  attorney  general,  see  Attorney  Gen- 
eral. 

By  stockholders,  see  Corporations,  §  98. 

By  foreign  corporation,  see  Corporations, 
§§  H9-151. 

By  executor  or  administrator,  see  Execu- 
tors AND  Administrators,  §§  57,  61. 

By  ward  against  guardian,  see  Guardian 
and  Ward,  §  ]5. 

By  or  between  husband  and  wife,  see  Hus- 
band AND  Wife,  VI. 

By  or  against  infant,  see  Infants,  V. 

By  or  against  incompetent  person,  see  In- 
competent Persons,  §§  18-20. 

By  or  against  municipality,  see  Municipal 
Corporations,  §  2a. 

Bj»,  against,  or  between  partners,  seg  Part- 
NERSiiiP,  §§  52-57. 

By  receivers,  see  Receivers,  §  22. 

Against  receivers,  see  Receivers,  §  23. 

By  state,  Bee  States,  §§  8,  9. 

Against  state,  see  State,  §  12. 

For  death,  see  Death,  II. 

For  divorce,  see  Divorce,  II. 

Prohibition  to  restrain  suit  prosecuted  col- 
lusively  or  for  an  ulterior  purpose.  24 
L.R.A.(N.S.)    874. 

Effect  of  statute  to  defeat  or  preserve;  ef- 
fect of  repeals.  14  L.R.A.  721. 

Effect  upon  suit,  of  discharge  from  arrest 
of  one  arrested  while  attending  court. 
19  L.R.A.  560. 

Does  an  action  for  damages  to  real  prop- 
ertv  run  with  the  land.  2  L.R.A.  (N.S.) 
819. 

Bringing  suit  before  award  as  revocation  of 
submission  to  arbitration.  31  L.RJ^, 
(N.S.)  679. 

Proceedings  in,  on  holidays.    19  L.R,A.  319. 

Forbearance  of  threatened  suit  as  considera- 
tion for  a  compromise.  25  L.R.A. 
(N.S.)   302. 

Begin  tvith  thin  book  on  evet*y  law  question. 


ACTION  OR  SUIT,  I.— cont'd 

Insolvency  of  corporation,  or  appointment 
of  receiver,  as  affecting  its  right  to  sue. 
50  L.R.A.(N.S.)  383. 

Bringing  suit  as  a  change  of  position  with- 
in law  of  estoppel.  62  L.R.A.{N.S.) 
1185. 

Bringing  or  inciting  the  bringing  of  a  false 
or  fictitious  suit  as  contempt.  L.R.A. 
1915B,  689. 

§§   2.,  3.  Control  or  settlement  of. 

Control  of  attorney  over,  see  Attorneys, 
§§  12-16. 

Compromise  of.     15  L.R.A.  440. 

Settlement  and  avoidance  of  litigation  as 
consideration  for  a  compromise.  25 
L.R.A. (N.S.)   299. 

Control  of  guardian  ad  litem  or  next  friend 
over  action.    16  L.R.A.  507. 

Extent  of  power  of  indemnity  insurer  to  set- 
tle or  control  litigation.  6  L.R.A. 
(N.S.)    564;   52  L.R.A. (N.S.)    128. 

§  4.  Right  of  action  generally. 

Who  may  enforce  liability  of  stockholder, 

see  Corporations,  §§  116,  116a. 
For  death,  see  Death,  II. 
Fright   as   basis    for   cause    of    action,    see 

Fright. 
For  nuisance,  see  Nuisances,  §§  20-25. 
To  recover  personal  property,  see  Replevin, 

II. 
For  conversion,  see  Trover,  §§  2-8. 
Privilege  from  suit,  see  Writ  and  Process, 

§§  30-37. 
See  also  Private  Action. 

Sufficiency  of  equitable  title  to  sustain  ac- 
tion for  injury  to  real  property.  30 
L.R.A.(N.S.)  231. 

Perjury  and  subornation  of  perjury  as 
grounds  for  civil  action.  24  L.R.A. 
(N.S.)   265. 

Fraudulent  inducement  by  one  party  to 
void  marriage  as  ground  for  civil  ac- 
tion in  other  party's  favor.  33  L.R.A. 
411. 

Right  of  action  against  unincorporated  as- 
sociation.   2  L.R.A.  (N,S.)  789. 

Right  to  maintain  action  for  prize  offered 
in  prize  contest.    33  L.R.A.(N.S.)  305. 

Right  of  action  against  carrier  for  nonde- 
livery of  goods  delivered  for  transpor- 
tation to  purchaser  or  consignee.  22 
L.R.A.  427. 

Right  of  one  whose  property  has  been  taken 
for  public  use  without  condemna- 
tion proceedings,  to  maintain  ac- 
tion for  compensation  or  for  per- 
manent damages.  28  L.R.A. (N.S.) 
968. 

Right  of  one  in  peaceable  possession  to 
maintain  forcible  entry  and  detainer 
against  another  entitled  to  possession 
who  forcibly  dispossessed  him,  8 
L.R.A.(N.S.)   426;  L.R.A.1918B,  670. 

To  recover  damages  caused  by  an  injunc- 
tion. 18  L.R.A.  275;  L.R.A. 1916E, 
1282. 

Constitutionality  of  retroactive  statute  cre- 
ating right  of  action  on  account  of  past 
acts  or  transactions.     52  L.R.A.  934. 


INDEX  TO  L.R.A.  NOTES. 


13 


ACTION  OR  SUIT,  I.— cont'd 

Libel  or  slander  of  one  person,  as  ground  of 
action  by  another.  45  L.R.A. (N.S.) 
7G6. 

Action  at  law  against  corporation  by  true 
owner  of  stock  for  unauthorized  trans- 
fer of  stock  on  "its  books.  45  L.R.A. 
(N.S.)    1081. 

§  5.  Form;  kind;  mode  of  bringing. 

Election  of  remedies,  see  Election  of 
Remedies. 

Form  of  action  as  affecting  right  of  set-off 

in  case  of  bankruptcy.     55  L.R.A.   74. 
Forms  of  action  against  carriers  for  wilful 

tort  of  servant  to  passenger.     40  L.R.A. 

(N.S.)    ]085. 
Form    of    action    to    recover    damages    for 

mental   anguish   in  telegraph   case.     49 

L.R.A. (N.S.)    281. 
Character   of    action   by    depositor    against 

bank  for  wrongfully  refusing  to  honor 

check.     5  L.R.A. (N.S.)    870. 
Against  officers  as  suits  against  states.     1 

L.R.A.(N.S.)  727. 
Manner   of   bringing   suit   against  unincor- 
porated trade  union.     1   B.  R.  C.  852. 
Under  what  surname   may   be   brought.     2 

L.R.A.(N.S.)   1089. 

§    6.  —  civil    or    criminal. 

Nature  of  proceeding  to  punish  for  con- 
tempt, see  Contempt,  §  2. 

Character  of  proceedings  for  violation  of 
municipal  ordinance  as  civil  or  crimi- 
nal. .S3  L.R.A.  33;  4  L.R.A. (N.S.) 
782;  48  L.R.A.(N.S.)    161. 

Suit  for  statutory  penalty  as  a  civil  or 
criminal  prosecution.  27  L.R.A. 
(N.S.)   739. 

Proceedings  for  incorporation  of  drainage 
district,  or  for  other  public  improve- 
ment, as  a  civil  suit  within  statute  al- 
lowing change  of  venue.  12  L.R.A. 
(N.S.)   900. 

Civil  action  against  thief  to  recover  stolen 
property  or  its  value.  41  L.R.A. (N.S.) 
255. 

//.  When  right  of  action  accrues  gen- 
erally. 

§   7.  Generally. 

To  enforce  liability  of  stockholders,  see 
Corporations,  §  120. 

When  limitations  commence  to  run,  see 
Limitation  of  Actions,   §§   19-47. 

Accrual  of  right  of  action  for  malicious 
prosecution,  see  Malicious  Prosecu- 
tion, §  9. 

Accrual  of  cause  of  action  on  assumption 
of  debts  on  dissolution  of  partnership. 
9  L.R.A.(N.S.)    109. 

When  right  of  action  for  injury  to  real 
estate  from  a  cause  not  immediately 
effective  accrues.     5  L.R.A. (N.S.)    379. 

When  cause  of  action  for  breach  of  promise 
accrues.  66  L.R.A.  801;  L.R.A. 1915B, 
280. 

CotiauU  also  L.R.A.  Digests  of  Oases, 


ACTION  OR  SUIT,  II.— cont'd 

When  right  of*  action  for  damages  from 
wrongful  discharge  of  servant  accrues. 
6  L.R.A.(N.S.)   58. 

When  suit  may  be  brouglit  for  wages  by 
wrongfully  discliargcd  servants.  5 
L.R.A. (N.S.)    443. 

Action  for  enticing  servant  to  quit.  5 
L.R.A.  (N.S.)  1097. 

Action  for  price  before  expiration  of  credit. 
3  L.R.A. (N.S.)   908. 

Right  of  one  whose  interest  is  merely  con- 
tingent to  maintain  suit  to  establish  or 
enforce   a  trust.     7    L.R.A. (N.S.)    999. 

Time  to  sue,  as  affected  by  acceptance  of 
commercial  paper  for  antecedent  in- 
debtedness.    35   L.R.A. (N.S.)    no. 

Effect  of  refusal  to  execute  purchase-money 
notes  to  give  vendor  an  immediate 
right  of  action.     12  L.R.A. (N.S.)    180. 

When  suit  to  enjoin  unlawful  expenditures 
by  municipality  is  premature.  36 
L.R.A.(N.S.)    26. 

Mandamus  to  compel  steps  preliminary  to 
an  election  before  the  arrival  or  ex- 
piration of  the  time  fixed  therefor. 
L.R.A.1917F,  221. 

Effect  of  prematurity  of  action  on  running 
of  limitations.     3  L.R.A. (N.S.)    296. 

When  cause  of  action  for  continuing  nui- 
sance arises.     L.R.A.1916E,  999. 

III.  Conditions  precedent. 

§   8.  Generally. 

In  suit  against  stockholder,  see  Corpora- 
tions, §  115. 

To  action  of  ejectment,  see  Ejectment,  §  3. 

Prerequisites  to  relief  from  fraud,  see 
Fraud  and  Deceit,  §  40. 

To  remedy  for  fraudulent  conveyance,  see 
Fraudulent  Conveyances,  §  26. 

To  suit  on  policy,  see  Insurance,  §  152. 

To  action  for  replevin,  see  Replevin,  §  4. 

To  action  of  trover,  see  Trover,  §§  7,  8. 

Law  governing  condition  precedent  to  li- 
ability of  drawer  or  indorser.  61 
L.R.A.  215. 

To  equitable  relief  against  forfeiture  of 
estate.     69  L.R.A.  836. 

To  equitable  remedies  of  creditors.  23 
L.R.A.(N.S.)   1. 

Agreement  for  arbitration  as  condition 
precedent  to  litigation.  47  L.R.A. 
(N.S.)  387. 

Arbitration  as  condition  precedent  to  action 
on  insurance  policy.  15  L.R.A. (N.S.) 
1055;  28  L.R.A. (N.S.)   104. 

Necessity  of  exhausting  remedies  Avithin 
order  against  decision  expelling  or  sus- 
pending a  member  from  a  mutual  bone- 
fit  association  as  condition  of  action 
for  damages  or  benefits.  52  L.R.A. 
(N.S.)   820. 

To  enforcement  of  liability  of  corporate 
directors  under  statutes  purporting  to 
make  them  liable  for  contracting  debts 
in  excess  of  a  fi.xed  limit.  L.R.A.1915I), 
1048. 

Conditions  precedent  to  right  to  enforce 
stockholder's  liability  outside  state  of 
incorporation.      33    L.R.A.  (N.S.)     906. 


14 


INDEX  TO  L.R.A.  NOTES. 


ACTION  OR  SUIT,  III.— cont'd 

Readiness  to  perform  as  condition  of 
remedy  by  action  for  damages  for 
wrongful  discharge  of  servant.  6 
L.R.A.{N.S.)   59. 

Employment  and  wrongful  discharge  of 
servant  as  condition  to  maintenance  of 
action  for  wrongful  discharge.  6 
L.R.A.(N.S.)    60. 

Right  of  purchaser  who  has  resold  to  re- 
cover for  breach  of  warranty  as  to 
quantity  or  quality,  where  he  has  not 
actually  made  good  to  his  vendees.  3 
L.R.A.(N.S.)   465. 

Necessity  of  entrj'  or  formal  declaration  of 
forfeiture,  as  a  condition  of  maintain- 
ing action,  other  than  for  damages, 
based  on  breach  of  condition  subsequent 
in  a  conveyance  of  freehold.  14  L.R.A. 
(N.S.)  1188;  23  L.R.A.(N.S.)  938; 
L.R.A.1917C,  882. 

Necessity  of  eviction  to  maintenance  of 
action  for  breach  of  covenant  of  war- 
ranty of  title  or  of  seisin.  17  L.R.A. 
(N.S.)   n78. 

Prerequisites  to  suit  against  national  bank 
for  twice  amount  of  interest  paid.  56 
L.R.A.  704. 

Attempt  to  compromise  action  for  death  or 
bodily  injury  in  other  state  as  condi- 
tion   of   maintenance.     56    L.R.A.   222. 

Presentation  of  claims  against  county  by 
county  board  as  condition  precedent. 
39  L.R.A.  77. 

Application  to  governing  body  of  munici- 
pality for  relief  as  condition  of  citizen's 
right  to  maintain  suit  to  enjoin  action 
by  municipality.     8  L.R.A. (N.S.)    574. 

Denial  of  claim  against  state  for  noncom- 
pliance with  condition  precedent.  42 
L.R.A.  39. 

§   9.  Demand  or  request. 

Demand  as  a  condition  precedent  to  an 
action  on  a  promise  to  pav  on  demand 
the  debt  of  another.  34  L.R.A. (N.S.) 
154. 

Demand  as?  prerequisite  to  action  by  co- 
tenant  for  use  and  occupation  or  rents 
and   profits.     29   L.R.A.(N.S.)    232. 

Demand  as  a  condition  of  action  to  recover 
money  collected  by  an  agent.  28  L.R.A. 
(N.S.)   626. 

Demand  for  payment  of  alimony  as  condi- 
tion of  contempt  proceedings.  24 
L.R.A.  437. 

As  condition  of  suit  against  stakeholder  or 
depositary  of  funds  to  be  held  in  con- 
nection with  an  ill^al  transaction. 
L.R.A.19]8F,  975. 

Necessity  of  applying  to  board  of  directors 
as  a  condition  of  right  of  stockholder  to 
sue  on  behalf  of  the  corporation.  51 
L.R.A. (N.S.)   99. 

Necessity  of  applying  to  body  of  stockhold- 
ers as  a  condition  of  right  of  stock- 
holder to  sue  on  behalf  of  the  corpora- 
tion.    51  L.R.A.(N.S.)   112. 

i   10.  Notice. 

Notice  of  loss  or  claim  to  carrier,  see 
Cabbiebs,  §  134. 


Segin  with  this  book  on  every  law  question. 


ACTION  OR  SUIT,  III.— confd 

Law  governing  stipulation  in  contract  mak- 
ing notice  of  damages  a  condition  of 
right  of  action.     7  L.R.A. (N.S.)   191. 

Notice  as  condition  precedent  to  action  by 
grantee  for  injury  by  damming  back 
water  of  stream.     59  L.R.A.  903. 

Notice  of  loss  or  injury  to  goods  required 
by  carrier's  contract  as  a  condition 
precedent.     17    L.R.A. (N.S.)     642. 

Effect  of  failure  to  serve  statutory  notice" 
of  libel  upon  right  to  actual  damages. 
13  L.R.A. (N.S.)   525. 

§    11.  Payment  or  tender. 

Payment  or  tender  of  freight  charges  as 
condition  precedent  to  trover  against 
carrier.    21  L.R.A.  117. 

Tender  of  deed  or  abstract  of  title  as  con- 
dition of  enforcing  forfeiture  for  ven- 
dee's failure  to  pay  last  instalment  of 
purchase  money.  28  L.R.A.  (N.S.) 
956. 

Tender  or  payment  of  consideration  as  a 
condition  precedent  to  a  suit  for  the 
specific  performance  of  a  contract  to 
convey  realty  consummated  by  the  ven- 
dee's exercise  of  an  option.  24  L.R.A. 
(N.S.)  91. 

Right  of  mortgagee  who  has  paid  taxes  to 
maintain  independent  action  against 
mortgagor  for  reimbursement  before  or 
after  foreclosure  of  mortgage.  10 
L.R.A.(N.S.)   679. 

IV.  Defenses. 

§   12.  Generally. 

Defenses     to     criminal     prosecution,     see 

Criminal  Law,  III. 
To    action    for    assault    and    battery,    see 

Assault  and  Battery,  §§  3-6. 
In  action  for  bribery,  see  Bbibeby,  §  3. 
In    contempt    proceedings,   see    Contempt, 

§  3. 
In  action  against  cor^wrate  stoekholder,  see 

Cobpobations,  VIII.  e. 
In  divorce  suit,  see  Divorce  and  Sepaba- 

TiON,  §§  30-33. 
In  ejectment,  see  Ejectment,  §  7. 
In   action   for   libel   or  slander,   see   Libel 

AND  Slander,  §§  37-39. 
In  foreclosure  suit,  see  Mortgage,  §  73. 
In  action  for  nuisance,  see  Nuisances,  §§ 

26-29. 
In  action  against  surety,  see  Principal  and 

Surety,  §  8. 
In  replevin  suit,  see  Replevin,  §  14. 
In  action  for  trespass,  see  Trespass,  §  10. 
In  action  for  trover,  see  Trover,  §  10, 
Liability  for  transferring  note  to  bona  fide 

holder  so  as  to  cut  off,  see  Bills  and 

Notes,  §  33. 
Defense    available    to   carrier    transporting 

intoxicating     liquor     into     prohibition 

territory,  see  Carriers,  §  144. 
EfTect  of  failure  to  set  up  defense  on  right 

to    injunction    against    judgment,    see 

Injunction,  §  51. 
Showing  of,   as   essential   to   relief   against 

judgment,  see  Injunction,  §  51;  Judg- 
ment, §  88. 
Limitation  of  action  as  a  defense,  see  Limi- 
tation OF  Actions. 
Advice  of  counsel  as  defense,  see  Malicioxjs 

Prosecution,  §  8. 


INDEX  TO  L.R.A.  NOTES. 


15 


ACTION  OR  SUIT,  IV.— cont'd 

Unconstitutionality  of  statute  as  defense 
against  niandanms  to  compel  its  en- 
forcement,  see  Mandamus,   §   20. 

Assumption  of  risk  as,  see  ]\Iasteb  and 
Servant,  §§  109-122. 

Contributory  negligence  as,  see  Negligence, 
11. 

Defects  in  work  as  defense  to  assessment  for 
public  improvement,  see  Public  Im- 
provements, §  13. 

Violation  of  Sunday  laws,  see  Sunday, 
§  7. 

As  to  usury,  see  Usury,  III.  b. 

Right  to  plead  inconsistent  defenses.  48 
L.R.A.  177. 

Loss  of  cause  of  action  by  lapse  of  time 
pending  suit.     18  L.R.A.   211. 

Interposition  of  unfounded  defense  in  a 
civil  action  as  basis  of  action  for  dam- 
ages.    34  L.R.A.  (N.S.)    1026. 

Unconstitutionality  of  statute  as  defense 
against  mandamus  to  compel  its  en- 
forcement. 24  L.R.A. (N.S.)  12G0;  34 
L.R.A.(N.S.)   1060. 

Special  inatters  of  defense  by  persons  ob- 
structing street  for  business  purposes. 
25  L.R.A.  (N.S.)   405. 

Special  defenses  in  action  to  recover  dam- 
ages for  mental  anguish  in  telegraph 
case.     49  L.R.A.  (N.S.)    289. 

Illegal  character  of  original  transaction  as 
defense  to  an  action  on  account  stated. 
45  L.R.A.  (N.S.)   539. 

Who  may  raise  objections  under  the  Tor- 
rens  Law.     L.R.A.1916D,  42. 

Ill  health  as  defense  to  action  for  breach 
of  promise  to  marrv.  15  L.R.A.  531; 
7  L.R.A.{N.S.)  582^;  40  L.R.A. (N.S.) 
585;  L.R.A.1916D,  1276. 

Inability  to  pay  alimony  as  defense  to  con- 
tenipt.     30  L.R.A. (N.S.)  1001. 

Collateral  champerty  as.     14  L.R.A.  785. 

Showing  of  valid  defense  as  essential  to  in- 
junction against  judgment  by  confes- 
sion.    30  L.R.A.  242. 

§    13.  Actions   on   contracts. 

Availability  to  third  person,  see  infra,  §  16. 

In  action  for  breach  of  marriage  promise, 
see  Breach  of  Promise,  §§  4,  5. 

In  action  on  note,  see  Bills  and  Notes, 
§§  65-67. 

Defense  of  ultra  vires,  see  Corporations, 
§  32a. 

Estoppel  to  set  up  defense,  see  Estoppel, 
III. 

In  action  on  insurance  policy,  see  Insur- 
ance, VTII.  d. 

In  action  for  rent,  see  Landlord  and  Ten- 
ant, V. 

In  action  for  purchase  money,  see  Purchase 
Money,  §  9. 

Drunkenness  as,  see  Drunkenness,  §§  3,  4. 

Conflict  of  laws  as  to  defenses  available  to 

maker   or    acceptor.      19    L.R.A. (N.S.) 

670, 
Conflict  of  laws  as  to  defenses  available  to 

drawer  or   indorser.     19   L.R.A. (N.S.) 

672. 
Consult  also  L.R.A.  Digests  of  Cases. 


ACTION  OR  SUIT,  IV.— cont'd 

Failure  of  railroad  to  comply  with  condi- 
tions on  which  railroad  aid  bonds  were 
issued  as  a  defense  to  them  in  the 
hands  of  a  bona  fide  holder.  19  L.R.A. 
(N.S.)   849. 

Defects  or  irregularities  affecting  bond  as 
defense  to  action  on  replevin  bond 
which  has  served  its  purpose.  29 
L.R.A.(N.S.)    747. 

Mitigation  of  damages  as  defense  to  action 
for  wrongful  discharge  of  servant.  6 
L.R.A. (N.S.)    99. 

In  action  by  wrongfully  discharged  servant 
for  damages  from  breach  of  contract. 
0  L.R.A. (N.S.)  73. 

Breach  of  contract  as  defense  to  action  on 
stated    account.     6    L.R.A. (N.S.)     820. 

Architect's  underestimate  of  cost  of  struc- 
ture as  basis  of  defense  against  him. 
42  L.R.A.(N.S.)   125. 

Duress  by  threat  to  prosecute  relative  as  a 
defense.     26  L.R.A.  53. 

Compromise  or  settlement  as  defense  in 
action  for  debts  assumed  on  dissolu. 
tion  of  partnership.  9  L.R.A.  (N.S.) 
111. 

Avoidance  by  infant  of  release  of  cause  of 
action  ex  delicto.     11  L.R.A(N.S.)  690, 

Absence  of  legal  organization  as  defense  to 
contract  for  purcliase  of  corporate 
stock.     15  L.R.A. (N.S.)   409. 

Defenses  to  action  for  specific  performance 
of  contract  for  sale  of  corporate  stock. 
50  L.R.A.  507;  31  L.R.A. (N.S.)  497; 
L.R.A,1915D,  303. 

Right  in  action  at  law  to  attack  release  for 
fraud.     20   L.R.A.  (N.S.)    915. 

What  misrepresentations  as  to  books  sold 
will  constitute  a  defense  to  an  action 
for  their  purchase  price.  22  L.R.A. 
(N.S.)   1210, 

Against  contract  of  members  of  mutual 
fire  insurance  companies,  32  L.R.A. 
490. 

Special  defenses  in  action  to  enforce  sub- 
scription for  charity,  48  L.R.A. (N.S.) 
811. 

§    14,  Actions  relating  to  water  rights. 

In    action   for    interference   with    rights   of 

ferryman,     59  L.R.A.   553. 
To    action    for    injury    by    damming    back 
water   of   stream.     59   L.R.A.   904. 
To  municipal  liability  as  to  drainage.     61 

L.R.A.  706. 
To  liabilitv  for  safety  of  wharf  or  dock. 

61  L.R.A.  954. 
Defense    to    wharfage    charges.      70    L.R.A. 

208. 

§    15.  Actions   for  personal  injury. 

In  action  for  death,  see  Death,  §§  12,  13. 
Assumption    of    risk    as,    see   Master   and 

Servant,  III.  b. 
Contributorv  negligence  as,  see  Negligence, 

II. 

Violation  of  Sunday  law  as  defense  to 
action  for  personal  injuries.  36  L.R.A. 
(N.S.)    547. 

Volenti  nan  fit  injuria  as  defense  to  actions 
by  injured  servants.     47  L.R.A.  162. 


16 


INDEX  TO  L.R.A.  NOTES. 


ACTION  OR  SUIT,  IV.— cont'd 

Provooatidii  lossoning  assault  as  defense 
to  civil  action  for  assault  and  battery. 
38  L.R.A.  (N.S.)   516. 

§  16.  Availability  o^  defense  to  third 
person. 

Defense  of  usury,  see  Usury,  §  13. 

Right  of  third  person  to  take  advantage  of 
ehamperty.     35   L.R.A.  (N.S.)    512. 

Right  of  lien  creditor  to  set  up  Statute  of 
Limitations  against  other  creditors  of 
his  debtor.    L.R.A.1918C,  1020. 

Right  ot  defendant  in  action  by  undisclosed 
principal  on  the  contract  made  by  the 
agent  to  avail  himself  of  defenses  that 
would  have  been  available  in  an  action 
by  the  agent  in  his  own  right  on  the 
contract.     28  L.R.A. (N.S.)    228. 

Right  in  action  by  corporate  receiver  to  re- 
cover unpaid  balance  of  stock  subscrib- 
tions,  to  interpose  defense  that  would 
have  been  available  against  corpora- 
tion.    18  L.R.A.(N.S.)  347. 

Right  of  bank  in  action  by  holder  for  pro- 
ceeds of  commercial  paper  collected  by 
it  to  avail  itself  of  defenses  that  would 
have  been  available  in  an  action  on  the 
paper.     26   L.R.A. (N.S.)    1098. 

May  one  who  destroys  insured  property  de- 
feat an  action  by  the  owner  upon  the 
ground  that  the  right  of  action  is  in 
the  insurer.  23  L.R.A.(N.S.)  870; 
L.R.A.1918F,  145. 

Lack  of,  or  invalidity  of  franchise  as  a  de- 
fense to  an  action  by  a  public  service 
corporntinn  for  service  rentals.  52 
L.R.A.(N.S.)  713. 

V.  Splitting;  successive  actions, 

§   17.  Generally. 

Effect  of  accepting  partial  allowance  of 
claim  against  public  body.  42  L.R.A. 
(N.S.)   121. 

Right  to  maintain  separate  action  for  in- 
terest.    28  L.R.A. (N.S.)   78. 

Right  to  sue  on  separate  items  of  account 
for  goods  sold  on  stated  periods  of 
credit.     13  L.R.A. (N.S.)   529. 

Right  of  buyer  to  maintain  separate  action 
for  nondelivery  of  each  instalment  un- 
der entire  contract.  3  L.R.A. (N.S.) 
1042. 

Action  for  wrongful  discharge  of  servant. 
5  L.R.A.(N.S.)  449,  586;  6  L.R.A. 
(N.S.)   119. 

Injury  both  to  person  and  to  property  at 
the  same  time  as  constituting  more 
than  one  cause  of  action.  51  L.R.A. 
(N.S.)    319. 

Damages  sustained  on  account  of  injuries 
to  one's  self  and  another  at  the  same 
time,  as  constituting  one  or  more  than 
one  cause  of  action.     L.R.A.1917C,  544. 

Several  actions  for  death,  or  injury  causing 
death.  8  L.R.A.(N.S.)  384;  L.R.A. 
1915E,  1095. 

Right  to  maintain  both  action  for  personal 
injury  under  survival  statute*  and  ac- 
tion for  death.     L.R.A.1915E,  1132. 

Judgment  in  action  for  personal  injury  as 
abatement  of  action  for  death  or  vice 
versa.     L.R.A.1915E,  115Z. 

Begin  tiitji  this  hooU  on  every  laiv  question. 


ACTION  OR  SUIT,  V.— cont'd 

Right  to  split  elements  of  damages  for  per- 
sonal injury  and  maintain  separate  ac- 
tions thereon.     L.R.A. 1916B,  743. 

Judgment  in  action  for  personal  injury  or 
death  as  bar  to  a  subsequent  action 
based  on  a  different  ground  of  negli- 
gence.    L.R.A.191GD,  1167. 

Libel  and  slander;  publication  in  different 
editions  or  publications  as  distinct 
causes  of  actions.     L.R.A.1916A,  1077. 

Right  to  successive  actions  in  case  of  con- 
tinuing nuisance.  L.R.A,1916E, 
1011. 

VI.  Joinder. 

§18.  Generally. 

Joinder  of  parties,  see  Parties,  §§  25,  30. 

Of  actions  against  ofTicers  making  arrest. 
51  L.R.A.  222. 

Right  to  join  in  one  complaint  claims  of 
ordinary  and  gross  negligence  arising 
out  of  one  state  of  facts.  31  L.R.A. 
(N.S.)   158. 

Action  for  wife's  libel  and  slander.  30 
L.R.A.  527. 

Of  actions  for  damming  back  water  of 
stream,  59  L.R.A.  886. 

Joinder  of  statutory  action  against  master 
with  common-law  action  against  serv- 
ant for  hitter's  negligence.  12  L.R.A. 
(N.S.)    675. 

Joinder  of  action  for  personal  injury  with 
action  for  wrongful  death.  L.R.A. 
1915E,  1138. 

Right  to  recover  in  one  action  for  the  death 
of  a  person  and  for  his  suffering  be- 
fore death.  14  L.R.A.(N.S.)  893;  32 
L.R.A. (N.S.)   867. 

Uniting  interests  of  several  parties  to  ob- 
tain jurisdictional  amount  for  injunc- 
tion against  enforcement  of  liens  or 
claims  against  specific  property.  61 
L.R.A.   786. 

§19.  Injury  to  person  and  to  property. 

Injury  both  to  person  and  property  at  the 
same    time    as    constituting    more 
than    one    cause    of    action. 
L.R.A.  161;   36  L.R.A.(N.S.) 
51   L.R.A.(N.S.)    319. 


50 
240; 


VII.  Stay. 


§   20.  Generally. 

Of  proceedings  to  enforce  mortgage  for  part 
of  mortgage  debt.     37  L.R.A.  749. 

VIII.  Commencement. 

§   21.  Generally. 

When  action  based  on  service  by  publica- 
tion deemed  commenced  for  purpose  of 
statute  of  limitations.  28  L.R.A. 
(N.S.)    702. 


ACTIVE    XEGIilGEXCE. 

Liability  to  trespasser  or  bare  licensee  for 
active  as  distinguished  from  passive 
negligence.     36  L.R.A. (N.S.)  492. 


INDEX  TO  L.R.A.  NOTES. 

ACTIVE  PARTNERS.  |  ADAPTATION. 

Compensation    of.      17    L.R.A.(N.S.)     394;     Of  right  of  way.    L.R.A.1918A,  593. 
L.R.A.1917F,  576. 

■♦♦» 


17 


ACTIVE   TRUSTS. 

See  Trusts,  §  5. 

♦-•-♦ 


ACT  OF  BANKRUPTCY. 


See  Bankruptcy,  §  2. 


ACT   OF  GOD. 


§    1.  Generally. 

See  also  Inevitable  Accident; 


Vis  Majob. 


As  affecting  rights  in  water  course.  30 
L.R.A.  820. 

Liability  for  injury  by  escape  through  act 
of  God  of  water  stored  on  one's  prem- 
ises.    15  L.R.A.  (N.S.)   547. 

liiability  of  contractor  to  replace  bridge  de- 
stroyed by  unprecedented  flood  against 
which  he  does  not  contract.  15  L.R.A. 
(N.S.)  833. 

As  excuse  for  nonperformance  of  contract. 
L.R.A.1916F,  26. 

Liability  of  railroad  company  to  employees 
for  injuries  caused  by  defects  in  road- 
bed caused  or  accompanied  by  rainfall. 
■49  L.R.A.(N.S.)   198. 

§   2.  What  constitutes. 

Snowstorm  as.     24  L.R.A. (N.S.)   1209. 

Is  destruction  by  decay  rendering  premises 
untenantable  within  landlord's  covenant 
to  repair  or  the  statute  relieving  ten- 
ant from  rent  in  case  of  destruction  by 
act  of  God  or  elements.  21  L.R.A. 
(N.S.)  130. 

Destruction  of  boom  or  dam  by  unprecedent- 
ed flood  as  affecting  the  liability  of  one 
under  contract  to  build  and  maintain 
it.     35  L.R.A. (N.S.)  1109. 

Insanity  or  illness  as.     4  L.R.A.  (N.S.)  898. 

Vessel  striking  submerged  objecfi  as  act  of 
God.     L.R.A.1915C,  423. 

§   ?,.  Effect  of,  on  carrier's  liability. 

Effect  of,  on  carrier's  liability  as  to  freight, 
see  Carriers,  §  111. 

Presumption  of  negligence  from  injury  to 
passenger  by  derailment  by.  13  L.R.A. 
(N.S.)   608;  L.R.A.1916C,  372. 


ACTORS. 

Applicability  of  master  and  servant  doctrine 
to  case  of  actor.     37  L.R.A. (N.S.)  614. 
Consult  also  L-H.A.  Digests  of  Cases.     2 


ADDITIONAL  AFFIDAVITS. 

For  attachment.     31  L.R.A.  427. 

♦-»♦ 

ADDITIONAL  BOND. 

See  Additionai.  Security. 

^•» 


ADDITIONAL  COMPENSATION. 

Of   expert  witness.     27   L.R.A.   669. 
Promise  of,  as  consideration  for  agreement 

to   complete   contract.     34  L.R.A.   38; 

L.R.A.1917D,  1104. 


ADDITIONAL  COUNSEL. 

Attorney's  right  to  withdraw  from  suit  be- 
cause of  employment  of.  35  L.R.A. 
(N.S.)  962. 


ADDITIONAL  LOCATION. 

See  Mines,  §  20. 


ADDITIONAL    PENALTY. 

Power  of  municipality  to  impose  for  what 
is  also  offense  under  state  law.  17 
L.R.A.  (N.S.)    56. 


ADDITIONAL   SECURITY. 

In  Federal  Supreme  Court,     66  L.R.A.  860. 
Filing  additional   replevin   bond   as   release 

of  sureties  on  original  undertaking.     29 

L.R.A.(N.S.)   752. 


ADDITIONAL   SERVITUDE. 

See  Eminent  Domain,  §§  54-57. 


ADDITIONS. 


44 


To  party  wall,  see  Party  Wall,  §  3. 

Revaluation   of   homestead   because   of 

L.R.A.  402. 
Import  of,  in  policy  of  insurance.     33  L.R.A, 

(N.S.)    156. 


18 


INDEX  TO  L.R.A.  NOTES. 


ADDRESS. 

Forgery  by  falsification  of.     54  L.R.A.  799. 
Telegraph  company's  duty  as  to  discovering 

unknown  sendee  in  case  of  mistalce  in 

address.     22  L.K.A.(N.S.)  767. 
Public   addresses   derogatory   to   parties   to 

litigation     as     contempt     of     court.     2 

B.  K.  C.  500. 

♦-»♦ — 


ADEMPTION. 

See  Wills,  §§  121-123. 

♦-•-♦^ — ^ 


ADEQUATE  REMEDY  AT  IiAW. 

See  Equity,  §  3;  Injunction,  §  3. 


ADJOINING   OWNER. 

Right    to    lateral    support,    see    Lateral 

Support. 
Matters  as  to  party  wall,  see  Party  Wall. 
Contributory   negligence   of   owner   of   land 

adjoining    railroad    right   of   way,    see 

Railroads,  §§  85,  86. 
See  also  Abutting  Owners. 

Right  of,  to  notice  to  redeem  from  tax  sale. 
44  L.R.A.(N.S.)    672. 

Liability  for  interference  with  view  of  ad- 
joining owner.     L.R.A.1917C,  1135. 

Liability  for  injury  to  person  by  falling  of 
adjoining  walls  or  buildings.  34  L.R.A. 
560. 

Liability  for  injury  from  matter  precipi- 
tated upon  adjoining  property.  36 
L.R.A.(N.S.)    1171. 

Right  to  discharge  water,  snow,  or  ice  from 
roof  upon  premises  of  adjoining 
owner.     L.R.A.1916A,  693. 

Liability  for  damages  caused  by  filling 
space  between  building  and  wall  of  ad- 
joining building.     L.R.A.1916D,  765. 

Effect  of  encroachment  of  building  on  ad- 
joining premises  on  marketability  of 
title.     38  L.R.A.  (N.S.)   33. 

Liability  of  owner  or  occupier  of  land  to 
servants  working  on  adjacent  premises. 
46  L.R.A.  104. 

Liability  for  spread  of  weeds  or  noxious 
vegetation  to  adjoining  premises.  52 
L.R.A.  293. 

Employer's  liability  for  work  of  independent 
contractor  which  is  dangerous  to  ad- 
joining landowner.     65  L.R.A^  849. 

Liability  in  absence  of  negligence  for  dam- 
ages from  substance  thrown  in  blast- 
ing. 34  L.R.A.(N.S.)  211;  L.R.A. 
1917A,  1016. 

Driving  foul  air  against  neighbor's  win- 
dows as  nuisance.    9  L.R.A. (N.S.)   695. 

Right  of  owner  or  occupant  of  neighbor! n.«? 
property  to  enjoin  maintenance  of 
hou.so  of  prostitution.  11  L.R.A. (N.S.) 
1060;  42  L.R.A.(N.S.)  1041;  L.R.A 
1918D,  819. 


ADJOINING  OWNER— cont'd 

Injury   to  gas   or   oil   well   from   acts   done 

on  adjoining  premises.    48  L.R.A.  ( N.S. ) 

167. 
Right  of  one  who  pumps  oil,  gas,  or  water 

on  his  premises  to  enjoin  similar  acts 

of  his  neighbor.     30  L.R.A. (N.S.)  1057. 
Duty     to    keep    gates     in    railroad     fence 

closed.     49   L.R.A.   625. 


ADJOURNMENT. 


Of  action  or  prosecution,  see  Continuance. 

Loss  of  priority  of  execution  by  creditor's 
consent  to  postponement  of  sale.  27 
L.R.A.   374. 

Judicial  sale  on  adjourned  or  postponed 
date.     38  L.R.A. (N.S.)    249. 


ADJUDICATION. 


See  Judgment. 


ADJUSTMENT. 


Of  claims  against  insolvent  insurance  com- 
pany.    38  L.R.A.  100. 


ADMINISTRATION. 


Of 


decedent's    estate, 
Administrators. 


see   Executors   and 


ADMINISTRATOR  DE  BONIS  NON. 

Powers  of,  see  Executors  and  Adminis- 
trators, §  13. 

Liability  of,  see  Executors  and  Adminis- 
trators, §  20a. 

What  assets  pass  to,  see  Executors  and 
Administrators,  §  32. 

Revocation  of  probate  as  a  termination  of 
appointment  of  administrator,  c.  t.  a. 
21    L.R.A.(N.S.)    975. 

Liability  of  estate  for  debts  contracted  and 
expenses  incurred  by,  in  carrying  on 
business.     40  L.R.A. (N.S.)   227. 


ADMINISTRATOR   WITH   THE   WILL 
ANNEXED. 

See  Administrator  De  Bonis  Non. 


ADMIRALTY. 


Begin  n^th  this  book  on  every  law  question. 


§    1.  Generally. 

^Maritime  liens,  see  Maritime  Liens. 
As  to  shipping  generally,  see  Shipping. 


INDEX  TO  L.R.A.  NOTES. 


19 


ADMIRALTY— cont'd 

Distinction  between  public  or  governmental 
and  private  or  corporate  functions  of 
municipality  as  affecting  its  liability  in 
admiralty  for  torts  of  its  agents. 
L.R.A.1918A,  1079. 

Pendency  of  admiralty  cases  in  both  state 
and  Federal  courts.     42  L.JR.A.  462. 

Rule  and  evidence  in  admiralty  where  party 
fails  to  introduce  documentary  ("the 
best")  evidence  which  would  properly 
be  part  of  the  case.     34  L.R.A.  585. 

May  substantive  law  of  state  be  invoked  in 
an  action  for  personal  injuries,  not  re- 
sulting in  death,  on  waters  within  the 
maritime  jurisdiction.  L.R.A.1917F, 
678. 

Conclusiveness  of  sentence  of  foreign  court 
of  admiralty.     20  L.R.A.  668. 

Imprisonment  under  orders  of  court  in,  as 
imprisonment  for  debt.     34  L.R.A.  664. 

Limit  of  liability  on  bond.     55  L.R.A.  395. 

Right  to  recover  funeral  or  medical  ex- 
penses of  person  negligently  killed.  2 
B.  R.  C.  714. 

Rigiit  to  interest  on  unliquidated  damages. 
28  L.R.A.(N.S.)    7,  80. 

Rate  of  interest  allowed  by  admiralty  court 
in  case  of  marine  tort  as  affected  by 
place  of  occurrence  or  suit.  51  L.R.A. 
(N.S.)  966. 

Applicability  of  the  Federal  Employers'  Lia- 
bility Act  or  State  Compensation  Acts 
to  injuries  within  admiralty  jurisdic- 
tion.    L.R.A.1918C,  474. 

Limitation  of  application  of  workmen's 
compensation  statute  by  Federal  laws. 
L.R.A.1916A,   461;    L.R.A.1917D,   85. 

§    2.   Jurisdiction. 

Admiralty  jurisdiction  of  right  to  fish.  60 
L.R.A.  504. 

Jurisdiction  and  powers  of  consul  in  prize 
cases.     45  L.R.A.  495. 

Jurisdiction  and  powers  of  consul  with  re- 
spect to  seamen.  45  L.R.A.  486,  488, 
493. 

Jurisdiction  and  powers  of  consul  as  to  dis- 
abled vessels.     45  L.R.A.  495. 

Jurisdiction  of  action  growing  out  of  col- 
lision of  vessel  with  bridge.  21  L.R.A. 
(N.S.)    324. 

Action  in  admiralty  for  nondelivery  of  goods 
delivered  to  carrier  for  transportation 
to  purchaser  or  consignee.  22  L.R.A, 
429. 

Right  to  sue  in  admiralty  for  damages  re- 
sulting from  injury  to  another.  42 
L.R.A. (N.S.)   640. 

Will  action  in  rem  lie  against  proceeds  of 
private  sale  of  property  against  which 
such  an  action  would  lie.  2  B.  R.  C. 
68. 

Jurisdiction  of  admiralty  to  enforce  Fed- 
eral employers'  liability  act.  47 
L.R.A.(N.S.)   73. 

Jurisdiction  of  admiralty  over  suit  for  in- 
jury to  stevedore.  51  L.R.A. (N.S.) 
1157. 

Jurisdiction  of,  and  law  governing,  action 
for  death  on  waters.  L.R.A.19I6A, 
1157. 

Consult  also  L.R.A.  Digests  of  Casesi 


ADMIRALTY— cont'd 

Of  suits  for  adjustment  of  rights  between 

part    owners     of    ship.      L.R.A.1917A, 

1108. 

§   3.  —of  contracts. 

Generallv.     66  L.R.A.  193. 


ADMISSION. 


On   application   for   continuance,   see   Con- 
tinuance, §  3. 
Estoppel  by,  see  Estoppel,  §  16. 
Evidence  of,  see  Evidence,  §  215. 
Of  state,  see  State,  §  2. 
During  trial,  see  Tkial,  §§  8,  9. 
By  trustees,  see  Trusts,  §  23. 

Power  of  corporate  president  and  vice- 
president  as  to.     14  L.R.A.  359: 

By  fiduciaries  in  actions.     32  L.R.A.  671. 

Denial  of  continuance  on  admissions  by 
prosecution  as  affected  by  right  of  ac- 
cused to  meet  witnesses.  16  L.R.A. 
239. 

Of  service  against  foreign  corporation.  23 
L.R.A.  500. 

In  prosecution  under  statute  enhancing 
penalty  for  crime  by  prior  offenders. 
34  L.R.A.  405. 

As  cumulative  evidence.     14  L.R.A.   611. 

Effect  of,  on  burden  of  proof  and  right  to 
open  and  close.     61  L.R.A.  513. 

Of  genuineness  of  handwriting  used  as 
standard  of  comparison.     63  L.R.A.  432. 

Inconsistency  in  defenses  as.     48  L.R.A,  203. 

Entries  in  books  of  account  as,  53  L.R.A. 
534. 

Judgment  in  criminal  action  as,  in  civil 
action.     11  L.R.A. (N.S.)  662. 

Assumption  of  debts  on  dissolution  of  part- 
nership  by.     9   L.R.A, (N.S.)    63. 

Of  service  of  process  by  statutory  agent  of 
foreign  corporation  appointed  to  re- 
ceive service.     2  L.R.A. (N.S.)    389, 

Impeachment  of  enrolled  bill  by  admissions 
or  litigants.     40  L.R,A.(N,S.)   33. 


ADOPTED  STATUTES. 

Construction  of,  see  Statutes,  §  27. 


ADOPTION. 


Of  Constitution,  see  Constitutional  Law, 

§  3. 
Of  child,  see  Parent  and  Child,  §§  16-18, 

Of  nuisance  as  rendering  one  liable  therefor, 
32   L.R.A. (N.S.)    900. 

Of  lease  by  receiver  or  assignee  for  creditors 
of  lessee.     59  L.R.A.  676. 

Employer's  adoption  of  independent  con- 
tractor's tort  as  affecting  former's  lia- 
bility for  injuries  occurring  during 
work,     66  L.R,A.  956. 


20 


INDEX  TO  L.R.A.  NOTES. 


ADULTERATION. 

Of  food,  see  Food,  §  2. 

Right  to  require  that  articles  offered  for 
sale  shall  answer  a  designated  stand- 
ard of   purity.     41    L.R.A.(N.S.)    1.49. 


ADULTERY. 


§    1.  Generally. 

Slander  in  charging  woman  with,  see  Libel 

AND  Slander,  §  12. 
See  also  Fobnication. 

Former  jeopardy  in  case  of.  L.R.A.1915A, 
256. 

Solicitation  to  commit  adultery  as  a  crimi- 
nal offense.     L.R.A.1918A,  98. 

Adultery  of  wife  with  consent  or  conniv- 
ance of  husband  as  justification  of 
abandonment  or  nonsupport  by  latter. 
L.R.A.1917D,  640. 

Injunction  against  enforcing  contracts  for 
illicit  intercourse.     48  L.R.A.  844. 

Construction  and  effect  of  provisions  requir- 
ing prosecution  to  be  upon  complaint 
of  husband  or  wife.  19  L.R.A.(N.S.) 
786. 

Legitimation  of  offspring  of  adulterous  in- 
tercourse.    1  L.R.A.(N.S.)   773.' 

By  one  spouse  as  avoiding  gift  of  other 
spouse.      35    L.R.A.  (N.S.)     124. 

Effect  of,  on  right  of  parent  to  custody  of 
child.    41  L.R.A.(N.S.)   601. 

Effect  of,  on  wife's  statutory  right  of  ac- 
tion for  death  of  husband.  L.R.A. 
1916E,   129.        ^ 

Assault  to  prevent  commission  of  adultery 
with  wife  in  future.  18  L.R.A. (N.S.) 
688. 

Degree  of  homicide  in  killing  wife  as  affect- 
ed by  her  confession  of,  or  declaration 
of  intent  to  commit,  adultery.  38 
L.R.A.(N.S.)    99. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance. 
38  L.R.A.(N.S.)  313. 

§   2.  What   constitutes. 

Effect  of  fact  that  but  one  of  the  parties 
is  married  upon  the  offense  of  "adul- 
te-v."  18  L.R.A.(N.S.)  580;  L.R.A. 
19J5D,  438. 

What  necessary  to  constitute  open,  noto- 
I         rious.     L.R.A.1918F,  696. 

§   3.  Defenses. 

Insanity  as  affecting.     34  L.R.A.  162. 

Ignorance  of  defendant,  in  prosecution  for 
adultery,  that  other  party  was  mar- 
ried, as  a  defense.  18  L.R.A. (N.S.) 
527. 

Acquittal  of  one  of  the  parties,  as  bar  to 
prosecution  of  the  other.  49  L.R.A. 
(N.S.)  479. 

§  4.  Evidence  in  prosecution  for. 

Necessity  of  proof  of  marriage  in  prosecu- 
tion for.     68  L.R.A.  44,  72. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  329. 


ADULTERY— cont'd 

Husband  or  wife  as  witness  against  the 
other  in  prosecution  for.  L.R.A. 19J7E, 
1133. 

Competency  of  one  spouse  to  testify  as  to 
misconduct  of  other  spouse  on  indict- 
ment of  paramour  for  adultery.  39 
L.R.A. (N.S.)   318. 

Age  of  alleged  accomplice  as  affecting  neces- 
sity of  corroboration  of  testimony. 
L.R.A.1915E,    1224. 

§   5.  Divorce  cases. 

As  ground  for  divorce,  see  Divobce  and 
Sepabation,  §  22. 

Charge  of,  as  ground  for  divorce,  see  Di- 
vorce AND  Separation,  §  23. 

Effect  of,  on  right  to  alimony,  see  DIVOBCK 
and  Separation,  §  46. 

Adultery  of  plaintiff  as  ground  for  reMef 
from  divorce.     L.R.A.1917B,  464. 


ADULTS. 

Rights     of,     in     parent's     homestead.     56 

L.R.A.  53. 
Adoption    of,   under   statute    providing    for 

adoption  of  child.   12  L.R.A. (N.S.)  884. 
Statutory    right   of    parent    to    recover    for 

death    of    adult    child.      L.R.A.1916E, 

190. 
Statutory   right  of  adult  child  to   recover 

for  death  of  parent.    L.R.A.1916E,  176. 
Support  of  adult  child  as  an  advancement. 

22  L.R.A.(N.S.)   1165. 


ADVANCEMENT. 


Begin  tvith  this  hoolc  on  every  latv  question 


§    1.  Generally. 

Interest  on,  or  to  equalize.     14  L.R.A.  716. 
Bringing    advancements    into    hotchpot    in 

cases  of  partial  intestacy.     4  B.  R.  C. 

268. 

§   2.  What  constitutes. 

Support  of  adult  child  as  an  advancement. 

22L.R.A.(N.S.)  1165. 
Gift  to  one  spouse  by  parent  of  the  other 

as     advancement     or     ademption.     26 

L.R.A.(N.S.)    1050. 
Grantee's  oral  promise  to  grantor  to  hold  in 

trust    as    giving    rise    to    constructive 

trust  where  conveyance  was  by  way  of 

advancement  to  child.     39  L.R.A. (N.S.) 

920. 

§   3.  Effect  of. 

Right  of  one  receiving  advancement  and 
executing  release  of  interest  in  es- 
tate to  share  in  after-acquired 
property.     65  L.R.A.  578. 

§   4.  Evidence  as  to. 

Admissibility  of  books  of  account  to  prove. 
52    L.R.A.    707. 

Parol  evidence  to  show  that  deed  Avas  in- 
tended as  an  advancement.  20  L.R.A. 
108;  25  L.R.A>(N.S.)   1205. 


INDEX  TO  L.R.A.  NOTES. 


21 


ADVANCES. 

§   1.  Generally. 

By  factor,  see  Factob,  §  3. 

Mortgage  of  future  crops  to  secure.  L.R.A. 
1917C,  18. 

Damasrcs  for  breach  of  contract  to  make. 
37   L.R.A.   233;    L.R.A.1916F,   506. 

Estoppel  to  set  up  original  obligee's  breach 
of  condition  to  make  future  advances 
as  against  assignee  of  contract  for  pay- 
ment of  money  not  protected  by  the 
law  merchant.     23  L.R.A. (N.S.)   178. 

Right  of  purchaser  to  compel  return  of 
advanced  payments  upon  resale  by 
vendor  after  purchaser's  default.  35 
L.R.A.  (N.S.)     532. 

Right  of  broker  to  recover  advances  made 
in  furthering  wagering  contract.  11 
L.R.A.(N.S.)   575. 

§   2.  Lien  or  security  for. 

Maritime  liens  for.  70  L.R.A.  367,  414, 
439. 

Sale  or  mortgage  of  future  crops  to  secure. 
23  L.R.A.  467. 

Keeping  equitable  mortgage  alive  after  pay- 
ment as  security  for  further  advances. 
1  L.R.A.(N.S.)   405. 

Right  of  one  who  advances  money  to  an- 
other for  purpose  of  redeeming  from 
the  sale  under  mortgage  to  be  sub- 
rosrated  to  lien  of  mortgage.  23  L.R.A. 
(N.S.)    190. 

Right  of  one  advancing  money  for  purchase 
price  of  property  to  be  subrosrated  to 
vendor's    lien.     37    L.R.A. (N.S.)     1203. 

Permitting  conveyance  to  attorney  of  sub- 
ject-matter of  litigation  or  retainer 
from  client  to  stand  as  security  for  ad- 
vances by  former.  23  L.R.A.  (N.S.) 
689. 

Security  for.  as  participation  by  creditors 
in  debtor's  fraudulent  intent.  31 
L.R.A.   631. 

§   3.  Priority  of  claim  for. 

Priority  as  between  mortgages  for  advances 
and  mechanics'  liens.     14  L.R.A.  307. 

Priority  of  claims  against  property  in  hands 
of  receiver  for  money  advanced.  2 
L.R.A.(N.S.)  1026,  1044,  1060. 

S   4.  Guaranty  of. 

Generally.     16  L.R.A. (N.S.)  370. 

Request  to  make  advances  to  another  as  im- 

plietl  guaranty  of  payment.     15  L.R.A. 

(N.S.)'  1115:^46  L.R'.A.(N.S.)    484. 

§    5.  Interest  on. 

Right  of  partner  to  interest  on  advances. 
35  L.R.A.(N.S.)   223. 

« 

§   6.  Requiring  payment  in  advance. 

Discrimination  by  public  service  corpora- 
tion by  requiring  payment  of  rental  in 
advance.     31  L.R.A. (N.S.)    315. 

Right  of  public  service  corporation  to  re- 
quire payment  of  rentals  in  advance. 
31   L.R.A.  (N.S.)    319. 

Consult  o?.so  L.lt.A.  Digests  of  Cases. 


ADVANCES— cont'd 

Destruction  of  premises  as  affecting  rent 
paid  or  payable  in  advance.  33  L.R.A. 
(N.S.)    540. 

Necessity  for  payment  in  advance  by  travel- 
er at  inn.    2  B.  R.  C.  690. 


ADVERSE  CLAIM. 

§    1.  Generally. 

As  cloud  on  title,  see  Cloud  ox  Title. 

Sheriff's  duty  as  to  adverse  claims  to  pro- 
ceeds of  judgments  in  his  hands  ex- 
cept in  cases  of  rival  executions.  47 
L.R.A.  737. 

As  rendering  title  unmarketable.  38  L.R.A 
(N.S.)  29. 

Yielding  to  adverse  claimant  as  affecting 
buyer's  right  to  assert  breach  of  war- 
ranty of  title  of  personal  property. 
L.R.A.1918B,  1138. 

§   2.  In  mine. 

To  granting  of  patent  to  mining  claim,  see 
Mines,  §  24. 


ADVERSE  HOLDING. 

What  amounts  to  an  adverse  holding,  by 
third  persons,  of  property  acquired  from 
bankrupt.     8  L.R.A.(N.S.)    1232. 


ADVERSE  PARTY. 

As  witness,   right  to  impeach.     21  L.R.A. 
425. 


ADVERSE   POSSESSION. 

/.  In  general,  §  1. 
II.  What  constitutes,  §§  2-14:. 
III.  Color  of  title,  §§  15-18. 
IV.  Effect:  title  hy,  §    19. 

V.  Continuity;  tacTcing,  §   20. 
VI.  Abandonment,   §  21, 

I.  In  general. 

§    1.  Generally. 

Conveyance  of  land  held  adversely,  see 
Champekty    and   Maintenance. 

Easement  by  prescription,  see  Easements, 
§  9. 

Prescriptive  right  to  maintain  nuisance,  see 
Nuisances,  §  26. 

Acquirement  of  water  rights  by  prescrip- 
tion, see  Waters,  §§  101-105. 

As  to  statute  of  limitations  generally,  see 
Limitation  of  Actions. 

Right  to  make  persons  in  open  adverse  pos- 
session of  land  parties  to  an  action 
as  unknown  claimants.  L.R.A.1918F, 
619. 

Right  of  adverse  occupant  to  notice  to  re- 
deem from  tax  sale.  44  L.R.A. (N.S.) 
676. 

Conflict  of  laws  as  to.     48  L.R.A.  635. 


22 


INDEX  TO  L.R.A.  NOTES. 


ADVERSE  POSSESSION,  I.— cont'd 

Nonuse  of  casement  accompanied  by  ad- 
verse use.     18  L.R.A.  537. 

Duration  of  adver.se  use.     18  L.R.A.  538. 

Right,  by  or  against  one  in  adverse  posses- 
sion of  land,  to  maintain  replevin  for 
things  severed.     69  L.R.A.  732. 

Bailee's  right  to  assert  against  bailor  hos- 
tile adverse  paramount-  title  of  third 
person.  33  L.R.A.  ( N.S. )  681;  L.R.A. 
191  SB,  662. 

Jurisdiction  of  equity,  on  ground  of  avoid- 
ing multiplicity  of  suits,  over  suit  for 
possession  of  separate  parcels  of  land 
held  adversely  by  different  claimants 
under  a  common  source.  14  L.R.A. 
(N.S.)   2.39. 

Federal  courts  following  state  decisions  on 
questions  relating  to.  40  L.R.A. (N.S.) 
425. 

II,  What  constitutes. 

§  2.  Generally. 

Use  of  private  alley  by  public  as  permissive 
or  prescriptive.     L.R.A.1917E,  723. 

Right  of  one  in  permissive  possession  of 
real  property  to  acquire  title  by  ad- 
verse possession.  12  L.R.A.  (N.S.) 
1140. 

Possession  taken  under  mistaken  belief  that 
land  is  part  of  the  public  domain,  as 
adverse  to  true  owner.  31  L.R.A. 
(N.S.)    153. 

Acquiring  title  to  mining  claim  by  ad- 
verse possession.  40  L.R.A. (N.S.) 
817. 

Adverse  possession  by  religious  society.  27 
L.R.A.(N.S.)  388. 

Prescription  or  adverse  possession  of  grave 
or  burial  lot.     40  L.R.A.(N.S.)  752. 

When  right  of  burial  in  private  burial 
ground  is  barred  by  adverse  posses- 
sion.    42  L.R.A.(N.S.)   1138. 

§  8.  On  boundary. 

Adverse  possession  due  to  ignorance  or  mis- 
take as  to  boundary.  21  L.R.A. 
829;  33  L.R.A.(N.S.)   923. 

§   4.  Vendor  and  purchaser. 

Effect  of  warranty  deed  to  prevent  grantor 
from  asserting  title  by  adverse  posses- 
sion, subsequently  initiated,  as  against 
his  grantee  or  his  privies.  25  L.R.A. 
(N.S.)   129. 


§   5.  Donor  and  donee. 

By  donee  under  parol  gift. 


35  L.R.A.  835. 


§  6.  Landlord  and  tenant. 

Estoppel  of  tenant  to  dispute  landlord's  ti- 
tle, see  Estoppel,  §  36. 

Adverse  possession  by  tenant  against  land- 
lord's title.  53  L.R.A.  941;  12  LRA 
(N.S.)  1148.  ■    ■ 

g   7.  Mortgagor  and  mortgagee. 

By  mortgagor  or  grantee  against  mortgaeree. 

1   L.R.A.(N.S.)    1038. 
Begin  with,  this  book  on  every  law  question. 


ADVERSE  POSSESSION,  II.— cont'd 
Is  possession  of  a  mortgagee  wlio  enters 
under  incomplete  or  defective  foreclo- 
sure adverse  to  mortgagor.  23  L.R.A. 
(N.S.)  754. 
Possession  of  party  to  mortgage  as  adverse 
within  rule  against  conveyance  of  land 
held   adversely.     35   L.R.A. (N.S.)    751. 

§  8.  Tenants  in  common  and  by  en- 
tireties. 

When  does  possession  under  invalid  proceed- 
ings for  sale  of  decedent's  land  to  pay 
his  debts  become  adverse  as  to  re- 
maindermen.    L.R.A.1917E,   1109. 

Effect  of  conveyance  by  one  cotenant  to 
third  person  to  found  adverse  pos- 
session against  others.  32  L.R.A. 
(N.S.)    702. 

Presumption  of  ouster  of  one  tenant  in  com- 
mon from  long-continued,  undisturbed 
possession  of  another.  10  L.R.A. i N.S.) 
185. 

Against  wife  holding  by  entireties.  30 
L.R.A.  335. 

Possession  by  one  tenant  as  adverse  within 
rule  against  conveyance  of  land  held 
adversely.     35   L.R.A. (N.S.)    752. 

§   9.  Remaindermen  or  reversioners. 

Against  remaindermen  and  owners  of  fu- 
ture estates.     19  L.R.A.  839. 

Does  the  continuation  by  a  life  tenant,  or 
his  grantee,  of  an  adverse  possession 
initiated  by  the  creator  of  the  life  es- 
tate, inure  to  the  benefit  of  the  remain- 
dermen.    24  L.R.A. (N.S.)    1055. 

Power  of  one  who,  by  will  or  law,  takes  an 
estate  for  life  or  years  in  real  property 
to  which  decedent  held  the  equitable 
title  only,  to  initiate  adverse  possession 
as  against  the  remainderman  by  procur- 
ing a  conveyance  of  the  fee  from  the 
holder  of  the  legal  title.  9  L.R.A. (N.S.) 
750. 

Effect  of  husband's  life  estate  to  suspend  or 
prevent  running  of  statute  of  limita- 
tions against  wife's  title  to  real  estat? 
adversely  possessed.  10  L.R.A. (N.S.) 
86. 

Possession  of  life  tenant  as  adverse  within 
rule  against  conveyance  of  land  held 
adversely.     35  L.R.A.(N.S.)    753. 

§10.  By  or  against  public. 

Power   of   state   to   secure  title  to   private 

property    by    adverse    possession.      15 

L.R.A.(N.S.)    1120. 
Applicability   of   statute   of   limitations   to 

actions  by  agencies  of  state.     3  L.R.A. 

(N.S.)      746;     22     L.R.A.(N.S.)     921; 

L.R.A.1916E,  97. 
Acquisition  of  title  by  prescription  against 

public.     26  L.R.A.  451. 
Acquisition  by  prescription  of  title  to  land 

for  purposes  of  canal.    61  Ij»R.A.  877. 

§    11.  — railroad  right  of  way. 

Adverse  possession  of  railroad  right  of  wav. 

2  L.R.A.  (N.S.)   272;   L.R.A.1916B,  657. 
Acquisition    of    prescriptive    right    of    way 

across  railroad  tracks.  35  L.R.A. (N.S.) 

190;  48  L.R.A. (N.S.)  903. 


INDEX  TO  L.R.A.  NOTES. 


23 


ADVERSE  POSSESSION,  II.— cont'd 
§    12.  —highway  or  alley. 

Acquiring     highway     by     prescription,     sec 

Highways,   §  5. 
Prescriptive   right  to  maintain   obstruction 

in  highway,  see  Highways,  §  39. 

Rights  acquired  as  against  the  public  by  ad- 
verse possession  of  liighway  or  city 
street.      18   L.R.A.    146. 
Encroachment  on  public  street  or  alley  by 
occupier  of  abutting  property,  for  stor- 
age or  other  similar  purposes,  as  basis 
of  adverse  possession.     36  L.R.A.  (N.S.) 
1056. 

§    IS.  Hostility. 

Effect  of  mistake,  see  Mistake,  §  16. 

As  essential  element  in  adverse  possession. 
15    L.R.A.(N.S.)     1192. 

As  essential  element  in  case  of  adverse  pos- 
session of  railroad  right  of  way. 
L.R.A.1916B,  661. 

§    14.  Extent;  kind  of  possession. 

Working  part  of  mine  as  adverse  possession 
of  whole  property.     3  B.  R.  C.  418. 

Inclosure  of  right  of  way  as.  1  L.R.A. 
(N.S.)    565. 

III.  Color  of  title. 

§    15.  Generally. 

Quitclaim,  see  Quitclaim  Deed,  §  5. 

Parol  partition  to  give  color  of  title.  16 
L.R.A.  326. 

Quitclaim  deed  as  color  of  title  for  pur- 
poses of  adverse  possession.  4  L.R.A. 
(N.S.)    776. 

Unrecorded  deed  as  color  of  title.  L.R.A. 
1915B,  1006. 

Fraudulent  deed  as  color  of  title.  L.R.A. 
1918E,    1049. 

Void  parol  conveyance  of  easement  as  foun- 
dation for  easement  by  prescription. 
13   L.R.A. (N.S.)    991. 

Must  ancestor  have  been  in  possession  to 
give  heirs  the  benefit  of  his  color  of 
title.     42   L.R.A.  (N.S.)    403. 

8    16.  Tax  certificate  as. 

Is  possession  under  tax  certificate  during 
redemption  period  adverse.  13  L.R.A. 
(N.S.)    627. 

S    17.  Invalid  tax  deed  as. 

Effect  of   an   invalid   tax   deed  as   color   of 
title  within  general  statutes  of  lim- 
itations.    11  L.R.A. (N.S.)    772. 
Does  a  void  tax  deed  set  in  motion  special 
statutes    of    limitations    governing 
actions   to  recover   lands   sold   for 
taxes.     27  L.R.A. (N.S.)    339. 
Statute  limiting  time  for  attack  on  tax  sale 
oj;   creating  conclusive  presumption   as 
to  its  validity  as  applied  to  a  sale  un- 
der proceedings  void  for  jurisdictional 
defects  under  which  possession  had  not 
been  taken.     8  L.R.A. (N.S.)    157. 

§    18.  Necessity  of. 

The  necessity  of  color  of  title  when  not  ex- 
pressly made  a  condition  by  stat- 
ute to  found  title  by  adverse  pos- 
session.    15  L.R.A. (N.S.)   1178. 

Consiilt  also  L.R.A.  Digests  of  Cases. 


ADVERSE  POSSESSION— cont'd 
IV.  Effect;  title  hy. 

§    19.  Generally. 

Loss  of  easement  by,  see  Easements,  §  26. 
Effect  of,  on  dower  right,  see  Dower,  §  14. 

Use  of  possessorv  title  as  a  weapon  of 
offense.    46  L.R.A. (N.S.)  487. 

Effect  of,  on  right  to  partition.  20  L.R.A. 
626. 

Effect  of,  to  extinguish  easement  of  right 
of  way.     22  L.R.A. (N.S.)   S89. 

Right  of  one  in  adverse  possession  to  main- 
tain trespass  quare  clausum  freqit. 
30   L.R.A.(N.S.)    266. 

Title  by,  as  marketable  title.  38  L.R.A. 
(N.S.)    26. 

Title  to  flats  by.     40  L.R.A.  394. 

Title  to  is  land  by.     58  L.R.A.  677. 

Rights  of  person  in  adverse  possession  with 
respect  to  accretions  to  shore  lands. 
58  L.R.A.  209. 

Extent  of  rights  acquired  by  adverse  pos- 
session of  surface  of  land.  4  B.  R.  C. 
238. 

Bar  of  curtesy  by  adverse  possession.  52 
L.R.A. (N.S.)    525. 

Rights  under  the  Torrens  Law  of  one  in 
adverse  possession.     L.R.A. 191 6D,  58. 

F.  Continuity;  tacking. 

§   2  0.  Generally. 

Unbroken  continuity  as  essential  element 
of  adverse  possession.  15  L.R.A. (N.S.) 
1202. 

Parol  transfer  of  possession  as  basis  of  tack- 
ing.    35  L.R.A. (N.S.)   498. 

Suit  affecting  title  to  real  estate  not  prose- 
cuted to  an  actual  change  of  possession 
as  breaking  the  continuity  of  possession 
so  as  to  toll  the  Statute  of  Limitations. 
L.R.A.1918A,  1046.. 

Possession  of  executor  or  administrator  as 
continuation  of  that  of  ancestor.  L.R.A. 
1917C,  147. 

Does  continuation  by  grantee  of  life  tenant 
in  possession  initiated  by  creator  of  life 
estate,  inure  to  benefit  of  remainder- 
men.    24  L.R.A. (N.S.)    1055. 

VI.  Abandonment, 

§   21.  Generally. 

Effect  of  abandonment  on  title  to  real  prop- 
erty   acquired    by    adverse    possession. 

24  L.R.A. (N.S.)    1161. 


ADVERTISING. 


8    1.  Generally. 

Damages  for  breach  of  advertising  contract. 
22   L.R.A. (N.S.)    272. 

Responsibility  of  publisher  to  patrons  of 
advertiser.     L.R.A.1918C,  820, 

Right  of  action  of  occupant  of  premises 
abutting  on  highway  for  interference 
with  the  public's  view  of  goods  or  ad- 
vertising displaved  thereon.  6  B.  R.  C. 
493. 


24 


INDEX  TO  L.R.A.  NOTES. 


ADVERTISING— cont'd 

Advertising  lost  or  stolen  paper  as  putting 
purchaser  on  inquiry.  29  L.R.A.  (N.S.) 
383. 

Pass    in    consideration    of,    as    violation    of 

statute     forbidding     discrimination     in 

passenger  rates.     23  L.R.A. (N.S.)   217; 

31     L.R.A.(N.S.)     657;     L.R.A.1918B, 

•    1117. 

Authority  of  traveling  salesman  to  make 
advertising  contract.  41  L.R.A,{N.S.) 
1019. 

Prohibiting  or  restricting  advertising  as  in- 
terference with  interstate  commerce. 
L.R.A.1917E,  701. 

Constitittmnality  of  statute  requiring  one 
advertising  for  help  during  strike  to 
mention  its  existence.  49  L.R.A.  (N.S.) 
879. 

Statute  or  ordinance  forbidding  or  restrict- 
ing advertisements  of  intoxicating  li- 
quors.   L.R.A.1916B,  895. 

Use  of  another's  trademark  or  insignia  not 
technically  a  trademark  for  advertising 
purposes  as  infrins:ement  or  unfair 
competition.     L.R.A'.19T5B,   889. 

Right  of  action  for  use  of  photograph  or 
name  for  advertising  purposes.  24 
L.T?.A.(N.S.)  091;  34  L.R.A.  (N.S.) 
1137;  L.R.A.1915C,  839;  L.R.A.1918D, 
1152. 

§   2.  Ip  or  on  what. 

Use  of  highway  for  purposes  of,  see  High- 
ways, §  16. 
On  walls  of  building,  see  Walls,  §  2. 
See  also  Billboards. 

Exercise  of  police  power  for  esthetic  pur- 
poses. 34  L.R.A. (N.S.)  998;  L.R.A. 
1917A,  1220. 

Grant  of  riglit  to  use  other  public  places 
for  advertising,  purposes.  9  L.R.A. 
(N.S.)    455. 

Right  of  railroad,  street  railway,  or  other 
common  tarrier,  to  contract  for  the 
use  of  its  cars  for  advertising  pur- 
poses.    24  L.R.A.(N.S.)    1010. 

§   S.  Penalty  for. 

By  attorney  as  ground  for  disbarment.     9 

L.R.A.(N.S.)      282;     33     L.R.A.  (N.S.) 

941;  L.R.A.1917B,  1128. 
As  ground  for  revoking  physician's  license 

8   L.R.A. (N.S.)    585;    30   L.R.A. (N.S.) 

783:    43   L.R.A. (N.S.)    912;    51   L.R.A. 

(N.S.)   958. 
Publication  of  advertisements  derogatory  to 

parties    to    litigation,    as   contempt   of 

court.    2  B.  R.  C.  497. 


ADVICE. 

Of  counsel,  see  Advicr  of  Counsel. 

Voluntariness  of  confession  induced  by  ad- 
vice. 18  L.R.A. (N.S.)  812;  50  L.R.A. 
(N.S.)   1077. 

Effect  on  personal  liability  of  a  trustee  for 
losses  to  trust  estate  from  investments, 
of  fact  that  he  acted  on  advice.  44 
L.R.A.(N.S.)  978. 

tipffin  tHth  thif*  hook  on  evei*y  law  question 


ADVICE— cont'd 

Mental  anf,Miish  from  deprivation  tf  oppor- 
tunity to  receive  or  give,  as  element  of 
damages  for  failure  to  deliver  telegram 
announcing  illness  or  death,  49  L.R.A. 
(N.S.)    300. 


ADVICE  OF  COUNSEL. 

As  defense  to  action  for  malicious  prosecu- 
tion, see  Malicious  Prosecution,  §  8. 

As  affecting  liability  for  exemplary  dam- 
ages in  suing  out  attachment  for  col- 
lection of  debt  only.  29  L.R.A. (N.S.) 
281. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest  where 
settlement  of  estate  is  delayed  by.  31 
L.R.A.(N.S.)   359. 

Liability  of  attorney  to  client  for  mistake 
or  omissions  in.     52  L.R.A.  892. 

Improper  advice  to  client  with  no  intention 
to  wrong  him  as  ground  for  disbar- 
ment or  suspension.  L.R.A.1916A, 
1175. 

Effect  of,  on  settlement  between  guardian 
and  ward  out  of  court.  L.R.A.1916E, 
871. 


AEROPIiANE    FLIGHT. 

Liability  of  one  maintaining  place  of  amuse- 
ment for  injury  to  patron  by.  L.R.A. 
1915F,  690. 


ESTHETICS. 


See  Esthetics. 


AFFECTIONS. 


Alienation  of,  see  Husband  and  Wepb, 
66,  67. 


AFFIANCED   WIFE. 

As  to  "dependent"  within  restrictions  as  to 
beneficiaries  of  mutual  benefit  associa- 
tions. 2  L.R.A.(N.S.)  6.'i4;  36  L.R.A. 
(N.S.)  208;  38  L.R.A. (N.S.)  357;  51 
L.R.A.(N.S.)    726. 


AFFIDAVIT. 


14, 


§    1.  Generally. 

In   attachment,   see   Attachments, 

15. 
By  corporate  officer,  see  Corporations,  §  42. 
Admissibility  of,  in  evidence,  see  Evidence, 

"    134. 


INDEX  TO  L.R.A.  NOTES. 


25 


AFFIDAVIT— cont'd 

Of  merits,  see  Judgment,  §  88. 

Of  jurors,  see  New  Trial,  §  13. 

For  removal  of  causes  from  state  court,  see 

Uemoval  of   Causes,    §    12. 
For  publication  of  process,   see   Weit  and 

Process,  §  21. 
See  also  Oath. 

Impeachment  of  contradicting  affidavit  on 
application  for  continuance.  16  L.R.A. 
240. 

Privilege  as  to  statements  in.  22  L.R.A. 
837;  L.R.A.1916C,  986;  4  B.  R.  C.  969. 

By  officer  of  corporation  as  affidavit  by 
agent  of  corporation.  16  L.R.A.  (N.S.) 
703. 

Publication  of  affidavits  in  pending  actions 
as  contempt  of  court.     2  B.  R.  C.  500. 

Ex  parte  affidavits  in  proceeding  to  punish 
criminal  contempt.     L.R.A.1917B,   118. 

Liability  of  notary  or  other  officer  certify- 
ing to.     49  L.R.A.(N.S.)    45. 

Propriety  of  arguments  by  counsel  to  jury 
citing  statements  in  affidavits  for  con- 
tinuances.   L.R.A.1918D,  57. 

Necessity  of  affidavit  showing  that  persons 
sought  to  be  made  parties,  or  their 
names,  are  unknown  in  action  against 
parties  designated  as  unknown.  L.R.A. 
1918F,  629. 

§   2.  Sufficiency. 

Validity  and  sufficiency  of,  for  purposes  of 
extradition.     28    L.R.A.    803. 

Failure  of  description  of  land  in  affidavit 
of  claim  for  mechanics'  lion  and  build- 
ings distinct  from  land.    62  L.R.A.  382. 

Affidavit  in  contempt  proceedings  on  in- 
formation and  belief.  L.R.A.1917C, 
854. 

Affidavit  showing  that  persons  sought  to 
be  made  parties,  or  their  names,  are 
unknown.     L.R.A.1918F,  632. 

8    3.  Who  may  take. 

Power  of  consul  to  take  affidavits.  45 
L.R.A.  499. 

§   4.  Amendment. 

Right  to  amend  affidavit  for  attachment. 
31  L.R.A.  422. 

§   5.  Use  of. 

Use  of,  before  grand  jury.     28  L.R.A.  319. 

Admissibility  of  affidavit  of  juror  to  show 
misconduct  outside  the  jury  room  and 
not  inhering  in  verdict.  31  L.R.A. 
(N.S.)   930. 


■♦•» 


AFFINITY. 

See  also  Brothers-in-Law;  Sisters-in- 
Law. 

Proof  of  instrument  where  subscribing  wit- 
ness is  incompetent  because  of.  35 
L.R.A.  337. 

Whether  "relatives"  include  those  by  af- 
finity.    14  L.R.A.  342. 

Implied  agreement  to  pay  for  services  ren- 
dered by  relative  by  marriage.  11 
L.R.A. (N.S.)    873. 

Incest  between  persons  related  by.  31  L.R.A. 
(N.S.)    772. 

Marriage  between  persons  related  by,  as  void 
or  voidable.     L.R.A.1916C,  730. 

Consult  also  L.Tt.A.  Digests  of  Cases. 


AFFIRMANCE. 

Of  infant's  contracts,  see  Infants,  §  20. 


AFFIRMATIVE    ACTION. 

Necessity  of,  in  order  to  terminate  rights 
of  member  of  mutual  benefit  society  for 
nonpayment  of  dues.  17  L.R.A. (N.S.) 
246. 


AFFRAY. 

Passenger's  duty  to  protect  himself  during 

affray  on  train.    32  L.R.A. (N.S.)   1209. 
Admissibility    as   res   gestce    of    statements 

or  exclamations  of  nonparticipant  in. 

20  L.R.A.(N.S.)    133;   33  L.R.A. (N.S.) 

109. 


AFFREIGHTMENT. 

Deviation  as  affecting  carrier's  right  to 
avail  itself  of  provisions  of  special 
contract  of  affreightment.  35  L.R.A. 
(N.S.)    1046;   L.R.A.1917A,  62. 


AFTER-ACQUIRED    PROPERTY. 

Cliattel  mortgage  on,   see  Chattel  Mobt- 

GAGE,  §  9. 
Passing  of,  by  deed,  see  Deeds,  §  22. 
Estoppel  to  claim,  see  Estoppel,  §  5. 
Priority  of  judgment  lien  on,  see  Judgment, 

§  64. 
Mortgage  on,  see  Mortgage,  §  18. 
Effect  of  quitclaim  deed  on,  see  Quitclaim 

Deed,  §  4. 

Priority  of  judgment  liens  on.  42  L.R.A. 
209. 

Right  of  one  receiving  advancement  and 
executing  release  of  interest  in  estate 
to  share  in  after-acquired  property.  65 
L.R.A.  578. 

Right  of  broker  with  whom  property  is  list- 
ed for  sale  to  purchase  subsequently  ac- 
quired interest.  20  L.R.A.(N.S.) 
1162. 

Validity  of  agreejnent  to  transfer,  in  con- 
sideration of  maintenance.  70  L.R.A. 
485. 

Validity  of  mortgage  other  than  railroad 
mortgage,  covering  after-acquired  real- 
ty.    21  L.R.A.(N.S.)  843. 


AFTER-BORN    CHILDREN. 

§   1.    Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  58. 

Homicide  in  killing  of.     63  L.R,A.  908;   49 
L.R.A.(N.S.)   582. 


26 


INDEX  TO  L.R.A.  NOTES. 


AFTER-BORN  CHILDREN— cont'd 

Prenatal  injury  to,  as  ground  of  action. 
45    L.R.A.lN.S.)    625. 

May  a  cliild  en  ventre  sa  mere  be  consid- 
ered aa  in  being  for  purpose  of  rule  as 
against   perpetuities.     4   B.   R.   C.   492. 

Right  of  after-born  cliild  to  recover  for 
death  of  brother.     L.R.A.1916E,  131. 

Statutory  right  to  recover  for  death  of  par- 
ent.    L.R.A.1916E,  130. 

§  2.  Property  rights  of. 

As  grantee  in  deed,  see  Deeds,  §  17. 
Conclusiveness    of    judgment    against,    see 

Judgment,  §  49. 
Disherison  of,  see  Wills,  §  68. 
Right  to  take  under  provision  of  will,  see 

Wills,  §  70. 

Conflict  of  laws  as  to  rights  of  under  will. 

2  L.R.A.(N.S.)    467. 
Devises  of  life  estates  to  unborn  children  of 

living    persons    as    contravening    rule 

against   perpetuities.     6   L.R.A.  (N.S.) 

330. 
Capacity  of  child  en  ventre  sa  mere  to  take 

under  devise  or  bequest  to  "children," 

etc.     1   B.  R.  C.  582. 
Marketability  of  title  subject  to  defeat  by 

birth  of  person  not  in  being.    38  L.R.A. 

(N.S.)    35. 

§  8.  —  devestiture  of. 

Devestiture  of  estates  of  persons  not  in  be- 
ing. 8  L.R.A.(N.S.)  49;  42  L.R.A. 
(N.S.)    439. 


,  AGE — cont'd 
Admissibility    of    evidence    as   to,   to    show 

pecuniary  loss  in  death  action.     L.R.A. 

3918C,  nil;    L.R.A.1<J18E,  279. 
Provision  in  bequest  or  devise  contemplating 

the    attainment   of   a   specified   age    as 

rendering  the  gift  contingent.     L.R.A. 

1915C,  1012. 

§  2.  Misrepresentations   as    to. 

Estoppel  of  infant  by,  see  Estoppel,  §  29. 

Master's  liability  for  injury  to  minor  serv- 
ant who  secured  employment  by  mis- 
representing his  age.  20  L.R.A. (N.S.) 
500;  25  L.R.A.  (N.S.)  708;  42  L.R.A. 
(N.S.)    624;   L.R.A.1915F,   1082. 

False  pretenses  by  infant  inducing  another 
to  enter  into  contract  with  him  by  rep- 
resenting that  he  is  of  age.  24  L.R.A. 
(N.S.)    1101. 

Effect  of  qualifying  statements  as  to,  in 
application  for  insurance  by  words  "to 
best  of  my  knowledge  and  telief,"  or 
words  of  like  import.  43  L.R.A. (N.S.) 
431. 


AGENCY. 

See  Pbincipal  and  Agent. 


AGGRAVATION. 

Of  damages,  see  Damages,  §  12. 


AGE. 

§  1.  Generally. 

Of  consent,  see  Age  of  Consent. 

Effect  of  ignorance,  mistake  or  belief  as  to, 

on   criminal   responsibility,   see  Cbimi- 

NAL  Law,  §  14. 
Full  age  or  majority,  see  Majobity,  §  1. 

As  affecting  competency  of  witnesses.     19 

L,R.A.  605. 
As  qualification  of  grand  juror.     28  L.R.A. 

199. 
Age  of  alleged  accomplice  in  sexual  offense 

as  affecting  necessity  of  corroboration 

of  testimony.     L.R.A.1915E,   1222. 
Of  juror  as  ground  for  new  trial.    18  L.R.A. 

475;  50  L.R.A. (N.S.)   973. 
Entries  in  family  Bible  as  evidence  of.     41 

L.R.A.  451. 
Census   returns   as   evidence  of.      9  L.R.A. 

(N.S.)   718. 
Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  685. 
Opinion    evidence    as    to    age    of    writing. 

L.R.A.1918B,  437;  L.R.A.1918D,  642. 
Of  accused  as  affecting  voluntariness  of  con- 
fession.      18     L.R.A.(N.S.)      786:     50 

L.R.A.(N.S.)    1082. 
Age  limit  for  application  of  doctrine  of  "at- 
tractive   nuisance."      19    L.R.A.(N.S.) 

1165. 
Admissibility  of  prevjous  statements  as  to, 

by  witness  out  of  court,  consistent  with 

his  testimony.    41  L.R.A.  (N.S.)   949.      '  Spe   also    Contracts 
Begin  with  this  booTc  on  every  law  question. 


AGE  OF  CONSENT. 

Marriage  of  persons  under,  see  Mabriage, 

§  9. 
Rape  of  female  under,  see  Rape,  §  3. 

Does  statute  fixing  age  of  consent  render  a 
girl  below  that  age  incapable  of  sexual 
crime.     27  L.R.A.(N.S.)    872. 

Evidence  of  specific  instances  to  prove  char- 
acter for  chastity  of  victim  of  crime. 
14  L.R.A.(N.S.)  723. 


AGISTER. 

Lien  of,  see  Liens,  §§  14,  17. 

Presumption  and  burden  of  proof  as  to 
nrglisrence  in  case  of  loss  or  injury. 
43  L.R.A.(N.S.)  1186. 

Liability  of  agister  under  special  terms  of 
contract  for  care  or  return  of  subject 
of  agistment.     L.R.A.-1915B,   302. 

Duty  of  agister  to  supply  water.  L.R.A. 
1915E,  590. 


AGREEMENT. 


Of  jurors,  see  Jury,  §  16. 


INDEX  TO  L.E,.A.  MOTES. 


27 


AGREEMENT— cont'd 

Collateral  attack  for  fiiud  not  affecting 
jurisdiction  on  judgments  by  agree- 
ment.    36  L.R.A.(N.S.)   981. 


AGRICULTURAL   GRANT. 

Location  of  claim  on.     7  L.R.A,(N.S.)   798. 

*~—^ 

AGRICULTURAL  LANDS, 

Organization  of,  into  municipal  corporation. 
L.R.A.1918B,  1086. 


AGRICULTURE. 


Who  is  a  farm  or  agricultural  laborer  with- 
in statute  giving  lien.  19  L.R.A.  (N.S.) 
1039;   L.R.A.1917D,  382. 

Who  are  farm  laborers  within  meaning  of 
V>'orkmen's  Compensation  Acts.  L.R.A. 
1018F,  202. 

Agricultural  operations  on  Sunday.  14 
L.R.A.  ]93. 

Power'  to  prescribe  teaching  of,  in  public 
schools.     47  L.R.A. (N.S.)  202. 

Allowance  of  expense  of  farming  carried  on 
by  ptirsonal  representative  as  costs  of 
administration.      40   L.R.A. (N.S.)    230. 

Liability  of  personal  representative  for 
losses  sustained  or  debts  contracted  in 
carrying  on  farming.  40  L.R.A.  (N.S.) 
217,  219. 

Farmer  as  peddler  or  hawker.  L.R.A. 
1916B,  1297. 

Combination  of  farmers  as  a  monopoly.  44 
L.R.A.  (N.S.)    1104. 

Engaging  in  other  business  as  affecting  ex- 
emption of  farmer  from  involuntary 
bankruptcy  proceedings.  20  L.R.A. 
(N.S.)    148. 

Effect  upon  state  insolvency  laws  of  provi- 
sions of  Federal  Bankruptcy  Act  ex- 
cepting farmers  from  involuntary  bank- 
ruptcy.    L.R.A.1917A,  109. 

Liability  of  state  board  of  agriculture  con- 
ducting fair  or  exposition  for  injury  to 
patron.     L.R.A.1915E,  469. 

Applicability  to  state  board  of  agriculture 
of  Workmen's  Compensation  Acts. 
L.R.A.1918F,  190. 


AID. 

To  railroad,  see  Railroads,  §  26. 
♦-•"♦ 


AIDING  AND   ABETTING. 

In  assault  and  battery,  see  AssAxn:,T  and 

Battery,  §  9. 
Criminality  of,  see  Criminal  Law,  §  25. 

Validity  of  contract  made  for  purpose  of 
aiding  public  enemy.  12  L.R.A. (N.S.) 
60«. 


AIR. 

Easement  of,  see  Easements,  §§13,  19-21. 
Cortsttlt  also  L.R.A.  Digests  of  Cases. 


AIR — cont'd 

What  constitutes  a  "taking"  of.  18  L.R.A. 
166. 

Driving  foul  air  against  neighbor's  win- 
dows as  nuisance.     9  L.R.A. (N.S.)   695, 


AISLES. 

Duty  of  proprietor  of  theater  as  to  safety 
of  aisles.  42  L.R.A.(N.S.)  1075;  L.R.A. 
1915F,  698. 


ALABAMA  CLAIMS. 

Geneva  award;  right  of  assignees;  war 
premiums;  claims  against  indemnity 
fund;  compensation  for  collection; 
rights  of  representatives  of  deceased 
claimant;  jurisdiction  and  procedure; 
litigation  as  to  title  to  fund.  3  L.R.A. 
460.' 


ALCOHOL. 


Keeping  of,  on  insured  premises.  L.R.A. 
1917C,  278. 

As  intoxicating  liquor.     20  L.R.A.  645. 

Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.  (N.S.)  302. 

Power  to  proliibit  manufacture  of,  for  uses 
other  than  a  beverage.  49  L.R.A. (N.S.) 
182. 

Liability  for  injury  to  employee  by  explo- 
sion of.     L.R.A.1918B,  864. 

Liability  for  injury  to  children  from  ex- 
plosion of  alcohol  left  accessible  to 
them.    L.R.A.1917A,  1295. 


ALCOHOLISM. 


See  also  Drunkenness. 

Presumption  of  continuance  of.  35  L.R.A. 
122. 

Application  of  statutes  regulating  practice 
of  medicine  to  persons  treating.  3 
L.R.A.  (N.S.)  763;  24  L.R.A.  (N.S.) 
103;  25  L.R.A.(N.S.)  1297;  33  L.R.A. 
(N.S.)   179;  L.R.A.1917C,  822. 

Effect  of,  on  recovery  from  one  negligently 
causing  injury  to  person  suffering 
from.     48   L.R.A. (N.S.)    121. 

• ^•» 

ALDERMAN. 

Imputing  to  municipality  alderman's  knowl- 
edge of  defect  or  obstruction  in  street. 
L.R.A.1918B,  650. 


ALE. 

As  intoxicating  liquor.     20  L.R.A.  647. 
Judicial    notice    of    intoxicating    character 
of.     48  L.R.A.(N.S.)   306. 


28 


INDEX  TO  L.R.A.  MOTES. 


ALIAS. 


See  Name,  §  7. 


ALIAS  EXECUTION. 

Effect  on,  of  creditor's  consent  to  delay  or 
postponement  of  sale.     27  L.R.A.  380. 


ALIBI. 

Presximption  and  burden  of  proof  as  to,  see 

Evidence,  §  114. 
Admissibility  of  evidence  of,  see  Evidence, 

§  285a. 
Sufficiency  of  evidence  as  to,  see  Evidence, 

§  317. 
Proof  as  to,  beyond  reasonable  doubt,  see 

Evidence,  §  325. 


ALIENATION. 


Effect   of    rule    in    Shelley's    Case    on,    see 

Deeds,  §  30;  Wills,  §  82. 
Restraint  on  generally,   sec  Perpetuities. 
Restraint    on,    as    repugnant    to    fee,    see 

Wills,  §  78. 
Restraint  on,  in  will,  see  Wills,  §§  78,  87. 


ALIENATION    OF    AFFECTIONS. 

In  general,  see  Husband  and  Wife,  §§  66, 
67. 

Liability  of  husband  for  wife's  conduct  in 
alienating  affection  of  another's  hus- 
band.    L.R.A.1918A,  517. 


ALIEN  ENEMY. 

See  Wak. 


ALIENS. 

§   1.  Generally. 

Alien  enemies,  see  Wab. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  40. 

Alien  wife,  see  Husband  and  Wife,  §  2. 

Discrimination  against  as  to  licenses,  see 
License,  §  46a. 

Effect  of  provisions  of  congressional  "white 

slave  traffic  act"  as  to  harboring  alien 

women.    L.R.A.1915A,  869. 
Treaty  guaranties  to.     16  L.R.A.  277. 
Right  to  equal  protection  of  laws.  14  L.R.A. 

583. 
As  grand  jurors.     28  L.R.A.  195. 
Alienage  of  juror  as  ground  for  new  trial. 

18  L.R.A.  476;  50  L.R.A.(N.S.)   973 


Begin  with  this  hooJc  on  every  law  question. 


ALIENS— cont'd 

Right  of  action  for  death  of  other  person. 
54  L.R.A.  934;  3  L.R.A.  (N.S.)  473;  21 
L.R.A.  (N.S.)  267. 

Right  of  action  for  death  of  employee  under 
Federal  employers'  liability  act  for 
benefit  of  nonresident  alien  dependent. 
L.R.A.1915C,  74. 

Recovery  under  Workmen's  Compensation 
Acts  by  nonresident  alien  dependents. 
L.R.A.1918F,  496. 

Validity  of  Workmen's  Compensation  Act 
as  affected  by  provision  for  compensa- 
tion to  aliens.     L.R.A.1917D,  62. 

Prohibiting  or  restricting  employment  of 
aliens.     L.R.A.1916D,  569. 

Power  of  state,  under  14th  /mendment  to 
deny  to  aliens  tlie  right  to  engage  in  a 
lawful  occupation.  11  L.R.A.(N.S.) 
799. 

Removal  of  separable  controversy  in  which 
alien  is  a  party.     5  L.R.A. (N.S.)  56. 

Validity  of  discrimination  against  aliens 
hj  inheritance  tax  law  as  affected  by 
treaty  with  foreign  government.  33 
L.R.A.(N.S.)   632;   L.R.A.1916A,  474. 

Exemption  of  aliens  from  provisions  of  Se- 
lective Service  Act  of  May  18,  1917. 
L.R.A.1918E,  1020. 

§  2.  Status. 

Effect  of  marriage  on  wife's  status  as  an 
alien.  22  L.R.A.  148;  L.R.A.1916D, 
132. 

§  3.  Immigration;    deportation. 

Validity  of  statute  creating  prima  facie  rule 
of  evidence  in  deportation  cases. 
L.R.A.1915C,  736. 

State  laws  imposing  taxes  or  penalties  up- 
on immigration  as  interference  M'itli 
commerce.     13  L.R.A.  686. 

Right  of  Chinese  person  to  bail  in  deporta- 
tion proceedings.  31  L.R.A.  \  N.S.) 
1088. 

§  4.  Inlieritance;    property    rights. 

Descent  to,  through,  and  from,  see  Descent 
AND  Distribution,  §  4. 

Right  of,  to  take  estate  bv  curtesy  under 
enabling  statutes.     7  L.R.A. (N.S.)  659. 

Termination  of  right  to  declare  escheat  by 
death  of  alien,  or  transfer  in  his  life- 
time.    9   L.R.A. (N.S.)    186. 

Right  of,  to  locate  mining  claim.  7  L.R.A. 
(N.S.)    813. 

Right  of,  to  contest  wilL    L.R.A.1918A,  467. 

§  5.  Naturalization. 

Effect  of,  on  alien's  right  to  inherit.  31 
L.R.A.  181. 

Right  of  alien  wife  of  alien  to.  29  L.R.A. 
(N.S.)   829. 

Right  of  clerk  on  salary  basis  to  retain  fee 
for.     30  L.R.A.  (N.S.)   810. 

Powers  of  state  legislatures  and  courts  in 
respect  to.     30  L.R.A.  761. 

Jurisdiction  of  state  courts  over  naturali- 
zation proceedings.     48  L.R.A.  36. 

Test  of  intelligence  to  be  applied  in  naturali- 
zation proceedings.  22  L.R.A. (N.S.) 
]041. 


INDEX  TO  L.R.A.  NOTES. 


29 


ALiIMONY. 

See   Divorce   and    Sepabation,   §§   34-49; 
Marriage,  §  20. 


ALLEY. 

Adverse  possession  of,  see  Adverse  Posses- 
sion, §  12. 

Boundary  on,  see  Boundaries,  §  5. 

Creation  of  easement  by  conveyance  with 
reference  to,  see  Easements,  §  11. 

Use  of  private  alley  by  public  as  permissive 
or  prescriptive.     L.R.A.1917E,  723. 

Right  to,  as  way  of  necessity,  where  other 
possible  modes  of  access  exist.  17 
L.R.A.  (X.S.)    1022. 

Injunction  against  interference  with  fences 
or  gates  under  claim  of.  7  L.R.A. 
(N.S.)  -58,  72. 

Municipal  liability  for  defects  or  obstruc- 
tions in.     20  L.R.A.(N.S.)   573. 

Extent  of  right  conferred  by  grant  or  reser- 
vation in  conveyance  of  lot  of  right  to 
use  lane  or  alley.     3  B.  11.  C.  533. 


ALLOWANCE. 


Of  alimony,  see  Divorce  and  Separation, 

§§  34-49. 
From  decedent's  estate,  see  Executors  and 

Administrators,   §§  54-55a. 


ALLUVION. 

See  Waters,  §  42. 


ALMANAC. 


As  evidence.    40  L.R.A.  560. 


ALMSHOUSE. 


Residence  of  inmate  of,  for  purpose  of  vot- 
ing.    23  L.R.A.  235;  40  L.R.A.  169. 


■♦♦» 


ALTAR     WINES. 

Applicabilitv    to,    of    liquor     law.     L.R.A. 
1918F,  266. 


ALTERATION    OF    INSTRUMENTS. 

§   1.  Generally. 

Payment    by    bank    of    altered    check,    see 

Banks,  §§  24,  25. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §§  91,  91a. 
As  forgery,  see  Forgery. 
Of  receipt,  see  Receipt,  §  2. 
Revocation  of  tVill  by  alteration,  see  Wills, 

§§    39,    40. 
Of  official  ballot.    47  L.R.A.  839. 
Consult  also  L.R.A.  Digests  of  Cases. 


ALTERATION  OF  INSTRUMENTS— cont'd 

Power  of  insured  to  destroy  rights  of  bene- 
ficiarv  by  altering  certificate.  49  L.R.A, 
753.  " 

Insurance  broker  as  agent  for  insured  in  al- 
teration of  policy.  38  L.R.A. (N.S.) 
630. 

Presumption  as  to  alteration  of  typewritten 
instrument  made  in  duplicate.  18 
L.R.A.  (N.S.)    680. 

Duty  of  indorser,  maker,  or  surety,  to  see 
that  spaces  on  commercial  paper  are 
filled  so  as  to  prevent  raising.  21 
L.R.A.  (N.S,)    402. 

Alteration  of  note  by  erasing,  crossing  out 
or  otherwise  canceling  or  obliterating 
material  provision  thereof  without  sub- 
stituting new  matter.  32  L.R.A, (N.S. ) 
520. 

Inserting  or  completing  date  of  commercial 
paper.     L.R.A.1916F,  1266. 

§  2.  Duty  of  explaining. 

Burden  of  explaining  erasures  or  altera- 
tions appearing  on  face  of  will.  17 
L.R.A.(N.S.)   184. 

§    3,   Materiality. 

Forgery  by  altering  mere  memorandum.  54 
L.R.A.  794. 

Addition  of  name  of  attesting  witness  to  in- 
strument as  an  alteration.  24  L.R.A. 
(N.S.)    1155;    L.R.A,1917D,   828. 

Erasing  or  otherwise  canceling  or  obliterat- 
ing a  material  provision  without  the 
substitution  of  new  matter.  32  L.R.A. 
(N.S.)    519. 

Change  to  correct  a  mistake  in  designation 
of  party.     31  L.R.A. (N.S.)   127. 

Changing  name  of  grantee  in  deed,  L.R,A. 
1917E,  815. 

Alteration  of  deed  after  delivery.  32  L.R.A. 
(N.S.)   284;  L,R.A.1918B,  489. 

§   4.  —  commercial    paper. 

Effect  of  alteration,  see  infra,  §  7. 

Alteration  of  date.  32  L.R.A.(N.S.)  515; 
51  L.R.A.  (N.S.)  346;  L.R.A.1916F, 
1266. 

To  correct  mistake  in  designation  of  party. 
31   L.R.A.(N.S.)    127. 

Changing  name  of  payee  of  note,  or  adding 
or  erasing  words  "bearer"  or  "or- 
der" as  material  alteration. 
L,R.A.1915A,  166. 

Adding  of  another  party  to  negotiable  in- 
strument after  its  execution  and  de- 
livery as  a  material  alteration.  L.R.A. 
1918F,  698. 

By  erasing  or  canceling  material  provision 
without  inserting  new  matter,  32 
L,R.A.(N.S.)     520. 

Making  memorandum  on  negotiable  instru- 
ment as  an  alteration,  L.R.A.1916D, 
533. 

Indorsement  of  payment  on  bill  or  note  as 
a  material  alteration.  46  L.R.A. (N.S.) 
1043;  L.R,A.1916F,  215. 

By"  inserting  place  of  payment,  31  L.R.A, 
(N.S.)    643. 

By  insertion  of  interest  clause  in  note.  ? 
L.R.A.  (N.S.)    217. 


30 


INDEX  TO  L.R.A.  NOTES. 


ALTERATION  OF  INSTRUMENTS— cont'd 
§  5.  Ratification. 

Necessity  of  consideration  to  sustain  rati- 
fication of  unauthorized  alteration.  39 
L.R.A.(N.S.)   131. 

§  6.  Effect. 

Alteration  in  books  of  account,  as  aflfecting 
admissibility  in  evidence.  52  L.R.A. 
574. 

Alteration  of  records  as  ground  for  injunc- 
tion against  judgment.     30  L.R.A.  563. 

Effect  of  alteration  of  replevin  bond  which 
has  served  its  purpose.  29  L.R.A.  (N.S.) 
752. 

Effect  of  changing  name  of  grantee  in  deed. 
L.R.A.1917E,  815. 

Alteration  of  instrument  by  agent  of  holder 
as  affecting  right  to  recover  there- 
on.   L.R.A.1916F,  293. 

8   7.  —  cominercial  paper. 

Effect  of  alteration  of  note  on  good  faith 

of  transferee,   see '  Bills   and   Notes, 

§  41. 

Effect  on  mortgage  of  alteration  of  note  se- 
cured thereby.     16  L.R.A.  468;   41 
L.R.A.(N.S.)    230. 
Liability  of  maker  or  drawer  on  raised  ne- 
gotiable  paper.     22   L.R.A.   686. 
As   affecting  question  whether  commercial 
paper  operates  as  payment  of  debt.    35 
L.R.A.(N.S.)    76. 
Erasure,  marks,  and  defects  as  putting  pur- 
chaser of  negotiable  paper  on  inquiry. 
29     L.R.A.(N.S.)     376;     L.R.A.1918F, 
1155. 
Alteration  by  agent  of  holder  as  affecting 
right  to  recover  thereon.    L.R.A.1916F, 
293. 
Liability  of  maker,  acceptor,  or  indorser  of 
commercial     paper     where     blanks 
therein   are   filled   up   contrary  to 
his  instructions.    5  B.  R.  C.  702. 


AliTERNATIVE  ACTIONS. 

For  death  or  injury.     34  L.R.A.  789. 


ALTERNATIVE  ALJjEGATIONS. 

Use  of  disjunctive  "or"  in  indictment  charg- 
ing kind  or  quality  of  liquor  sold.  51 
L.R.A.(N.S.)    133. 

Joinder  of  parties  in  action  on  bond  with 
alternative  allegations  as  to  liability. 
51  L.R.A.(N.S.)  640. 


ALTERNATIVE    JUDGMENT. 

See  Replevin,  §  16. 


ALTERNATIVE  PROMISES. 


AMBIGUITIES. 

Parol    evidence   to    explain,    see    Evidbnce, 

§  168. 
In  will,  see  Wills,  §  61. 


AMBULANCE. 


Duty  and  liability  as  to.     38  L.R.A.fN,S.) 
481. 


AMENDATORY  LAWS. 

Title  of,  see  Statutes,  §  14. 


AMENDMENT. 


Of  affidavit  generally,  see  Affidavits,  §  4. 

Of  affidavit  in  attachment  suit,  see  Attacoi- 
ment,  §  15. 

Of  records  on  appeal,  see  Appeal  And  Eb- 
BOB,   §   21. 

Of  record  on  certiorari,  see  Cebtiobabi,  §  6. 

Of  record  to  cure  defect  for  which  motion 
in  arrest  has  been  made,  see  Judg- 
ment, §  16. 

Of  judicial  records  generally,   see  Recobds 

AND    ReCOBDING    LawS,    §    8. 

Of  Constitution,  see  Constitutional  Law, 

§  4. 
Of    corporate    charter,    see    Cobpobations, 

§  19. 
Of   indictment,   see  Indictment,  Infobma- 

TioN,  and  Complaint,  §  30. 
Of  mining  location,  see  Mines,  §  20. 
Of  municipal  charter,  see  Municipal  Cob- 

POBATIONS,    §    7. 

Of  pleadings,  see  Pleading,  §§  10,  11. 
Of  statutes  generally,  see  Statutes,  IV. 
Of  verdict,  see  Tbial,  §§  83-86. 
Of  writ,  see  Wbit  and  Pbocess,  §  7. 
Trial    of    extradited    person    on    amended 
charge,  see  Extbadition,  §  4. 

Power  to  amend  commitment  or  sentence  by 
increasing  punishment.  40  L.R.A. 
(N.S.)  90. 

Of  claim  as  discharge  of  sureties  on  bonds 
given  to  dissolve  attachments  or  on 
bail  bonds  in  civil  actions.  42  L.R.A. 
(N.S.)   484. 

Of  petition  for  initiative  or  referendum. 
50  L.R.A.(N.S.)   219;  L.R.A1917B,  34. 


AMERCEMENT. 


intervening  impossibility  of  performance  as 
as  a  defense  in  case  of  alternative 
promises.     L.R.A. 1916F,  81. 

Begin  with  this  boolc  on  every  laiv  question. 


Effect  against  surety  on  official  bond  of 
judgment  of  amercement  against  offi- 
cer.    52  L.R.A.  165. 

Variance  between  execution  and  judgment 
as  affecting  amercement  of  officer  for 
failure  to  return  execution.  42  L.R.A. 
(N.S.)   895. 


INDEX  TO  L.R.A.  NOTES. 


31 


AMICUS    CURI^. 

Right  of  court  to  surcharge  account  of  ex- 
ecutor, administrator,  guardian  or  re- 
ceiver on  objection  by.  18  L.R.A. 
(N.S.)    284. 

Right  of  stranger  to  an  action  to  appear 
as  amicus  curiae  to  protect  interests  of 
infants.     44  L.R.A. (N.S.)   1182. 


AMNESTY. 


Legislative    power    to    grant.      34    L.R.A. 
251. 


AMORTIZATION. 


Limitation  of  amount  of  carrier's  liability, 

see  Carriers,  §  131. 
Of  recovery,  see  Damages. 

Of  intangibles,  in  estimating  return  of  pub- 
lic service  corporation  for  rate-making 
purposes.     52  L.R.A. (N.S.)   49. 


AMOUNT. 

Of   bond    in    Federal    Supreme    Court.      66 

L.R.A.  860. 
Of  bail    in  capital   case.     39   L.R.A. (N.S.) 

782. 
Who  may  exercise  option  under  a  contract 

calling   for    a    maximum   or    minimum 

amount    of    commodity.      L.R.A.1918D, 

583. 


AMOUNT    IN    CONTROVERSY. 

In  general,  see  Courts,  §§  27-29. 
Effect  of,  on  right  to  remove  suit  to  Federal 
court,  see  Removal  of  Causes,  §  5. 

Eff€ct  of,  on  admissibility  of  account  books 
as  evidence.     52  L.R.A.  569. 


AMUSEMENT  PARKS. 

Liability  of  person  maintaining,  for  safety 
of  patrons.  1  L.R.A. (N.S.)  427;  3 
L.R.A.  (N.S.)  1134;  32  L.R.A.  (N.S.) 
715:  42  L.R.A.  (N.S.)  1071;  L.R.A. 
1915F,  690. 

Liability  of  lessor  for  personal  injuries  to 
a  customer  or  patron.  L.R.A.1916F, 
1128. 


AMUSEMENTS. 


§   1.  Generally. 

Bathing,  see   Bathing. 
Bathhouse,  see  Bathhouse. 
Bathing  resort,  see  Bathing  Resort. 
Consult  also  L.B.A.  Digfrsts  of  Cases. 


AMUSEMENTS— cont'd 
Boat  livery,  see  Boat  Livery. 
Moving  pictures,  see  Movinq  Pictures. 
Paradi's,  see  Parades. 

Civil  riglits  in  places  of,  see  Civil  Rights, 
§  2. 

Giving  of  reduced  transportation  to  fairs, 
exhibitions,  etc.,  by  public  service  cor- 
poration as  an  unlawful  discrimination. 
L.R.A.1918D,  916. 

Games  or  amusements  which  are  proper  sub- 
jects for  exercise  of  police  power. 
L.R.A.1917E,  318. 

Using  street  for  fair  purposes.  14  L.R.A. 
558. 

Necessity  of  franchise  for.     37  L.R.A.  718. 

Injunction  against,  by  municipality.  41 
L.R.A.  322. 

Delegation  of  power  to  license.  20  L.R.A. 
721. 

Use  of  public  money  for  entertainments. 
14  L.R.A.  475. 

Right  of  taxpayer  to  enjoin  unlawful  ex- 
penditures by  municipality  for  amuse- 
ments.   36  L.R.A. (N.S.)  2. 

Power  of  municipality  to  construct  exhibi- 
tion or.  amusement  hall:  26  L.R.A. 
(N.S.)  425. 

Use  of  public-school  building  for  entertain- 
ment. 31  L.R.A.  (N.S.)  589;  50  L.R.A. 
(N.S.)   1182. 

Use  of  railroad  right  of  way  for  recreation 
purposes  as  against  owner  of  fee.  30 
L.R.A. (N.S.)    518. 

Right  of  municipal  corporation  to  require 
theater  to  pay  for  services  of  firemen 
or  policemen,  performed  at  tlie  theater 
or  place  of  exhibition.  11  L.R.A. 
(N.S.)    700. 

Power  of  state  or  municipality  to  determine 
location  of  places  of  amusement. 
L.R.A.1916D,  99. 

Gathering  for,  as  a  meeting  within  purview 
of  offense  of  disturbing  a  meeting.  30 
L.R.A.(N.S.)  832;  45  L.R.A. (N.S.)  109. 

Validity  of  contract  relating  to  unlicensed 
theater.     12  L.R.A. (N.S.)   617. 

Measure  of  carrier's  liability  for  prevent- 
ing exhibition  or  show  by  breach  of 
contract  of  carriage.  4  L.R.A. (N.S.) 
569;  49  L.R.A.(N.S.)   491. 

Managers  of  expositions  as  exempt  from 
suit  as  agency  of  state.  35  L.R.A. 
(N.S.)    243. 

§  2.  As   nuisances. 

Dancing  as.     18  L.R.A. (N.S.)    699. 

Display  of  fireworks  in  city  streets  as.  16 
L.R.A.(N.S.)    621. 

Pool  room  as.  10  L.R.A.(N.S.)  992;  21 
L.R.A.  (N.S.)    836. 

Theater  queue  as  nuisance  for  which  pro- 
prietor of  theater  is  responsible.  7  B. 
R.  C.  124. 

Municipal  regulation  of,  as  a  nuisance.  39 
L.R.A.  528. 

Power  of  municipal  corporation  to  declare 
particular  kinds  of  amusement  as 
nuisances  per  se.  31  L.R.A. (N.S.) 
548. 


32 


INDEX  TO  L.R.A.  NOTES. 


AMUSEMENTS^-cont'd 

§  3.  Admission  to  places  of. 

What  are  places  of  aniuseinent  within  the 
civil  rigl-ts  act.     10  L.R.A. (N.S.)   907. 


revoke  admission  to 
l)lace  of  amusement. 
1184,     1188;     L.R.A. 


Right   to    control    or 
theater   or   other 
1     L.R.A.(N.S.) 
1916E,  253. 

Humiliation  as  element  of  dama,;»es  for  ex- 
elusion  from  place  of.  14  L.  R.A.(N.S. ) 
1242;  38  L.R.A.  (N.S.)  204;  L.R.A. 
1015B,  1119. 

§   4.  —tickets. 

Legislation  forbidding  speculation  in  thea- 
ter tickets.  5  L.R.A. (N.S.)  183;  L.R.A. 
1918D,  388. 

Nature  and  extent  of  rights  of  holder  of 
ticket  of  admission  to  place  of  amuse- 
ment. 1  L.R.A.(N.S.)  1184;  43  L.R.A. 
(N.S.)  961;  L.R.A.1916E,  253. 

§  5.  Liability  for  injuries  at. 

Liability  of  one  maintaining  place  of  amuse- 
ment for  the  safety  of  patrons.  1 
L.R.A.(N.S.)  427;  3  L.R.A.  (N.S.) 
1132;  19  L.R.A. (N.S.)  772;  32  L.R.A. 
(N.S.)  713;  42  L.R.A.(N.S.)  1071; 
L.R.A.1915F,  690. 

Negligence  in  displaying  firearms.  3  L.R.A. 
(N.S.)    330. 

Liability  for  injuries  caused  by  discharge  of 
fireworks.  16  L.R.A.  395;  3  L.R.A. 
(N.S.)   330,  759. 

Liability  of  operator  of  scenic  railroad  or 
similar  device  to  passengers.^  26  L.R.A. 
•  (N.S.)    1054. 

Liability  for  injuries  caused  by  lack  or  in- 
sufficiency of  fire  escapes  at  places  of. 
15  L.R.A.  160;  10  L.R.A.(N.S.)  177; 
21  L.R.A.(N.S,)  178;  39  L.R.A.(N.S.) 
744. 

Liability  of  master  to  servant  for  personal 
injury  by  wild  animal  or  animal  kept 
for  exhibition  purposes.  23  L.R.A. 
(N.S.)    1071. 

Liability  for  assault  or  abuse  by  employees. 
L.R,A.19]6E,  914. 

Liability  of  lessor  of  premises  for  injury 
to  patron.    L.R.A.1916F,  1123. 

Conducting  state  fair  or  exposition  as  exer- 
cise of  governmental  or  private 
function  respecting  liability  for  in- 
jury to  patron.     L.R.A.1915E,  469. 

§  6.  —  iiability  for  acts  of  independent 
contractor. 

Liability  of  persons  giving  exhibitions  for 
acts  of  independent  contractor.  66 
L.R.A.   152. 

Persons  assisting  in  public  entertainment 
as  independent  contractors.  65  L.R.A. 
470. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  at.     65  L.R.A.  644. 

Liability  of  one  maintaining  place  of  amuse- 
ment to  which  public  are  invited  for 
negligence  of  concessionaire.  14  L.R.A, 
(N.S.)  284;  32  L.R.A.(N.S.)  717; 
L.R.A,1915F,  696. 

Begin  *cith  this  book  on  every  law  question 


AMUSEMENTS— cont'd 

§    7.  —municipal    liability. 

Liability  of  municipal  corporation  for  in- 
juries by  exhibition  conducted  by  its 
officers  or  employees.  34  L.R.A. (N.S.) 
464. 

Municipal  liability  for  personal  injury  on 
account  of  exhibition  permitted  in  pub- 
lic street.  9  L.R.A.(N.S.)  146;  L.R.A. 
1915F,  568. 

Municipal  liability  for  failure  to  prevent 
public  exhibitions.  42  L.R.A.  (N.S.) 
864. 

Liability  of  municipality  for  failure  to  pre- 
vent display  of  fireworks  in  street.  23 
L.R.A.(N.S.)    643. 

§  8.  Loss  of  property  at  place  of. 

Liability  of  keeper  of  bath  house  for  loss 
of  valuables  of  patron.    6  L.R.A.(N.S.) 

828. 


17 


§  9.  On  Sunday. 

Prohibition  of  Sunday  sports  or  games. 
L.R.A.  830. 

What  amusements  are  prohibited   by   Sun- 
day laws.     30  L.R.A. (N.S.)    4(;r). 

Applicability  of  Sunday  laws  to  moving 
pictures.     L.R.A.1918B,  361. 

Keeping  theater  open  on  Sunday  as  viola- 
tion of  Sunday  law.  17  L.R.A.(N.S.) 
1157. 

Playing  baseball  on  Sunday  as  an  offense. 
21  L.R.A.(N.S.)  23;  32  L.R.A.  (N.S.) 
1186;   41  L.R.A.(N.S.)    407. 

Validity  of  classification  in  Sunday  law  as 
to  keeping  open  place  of.  32  L.R.A. 
(N.S.)    1190. 

Surf  bathing  as  violation  of  Sunday  laws. 
30  L.R.A.(N.S.)   470. 

Free  performance  as  a  violation  of  the  Sun- 
day law.    L.R.A.1916B,  1130. 


ANALYSIS. 


Particular  analysis   of  milk   prescribed  by 
police  regulations.    1  L.R.A, (N.S.)  926. 


ANARCHY. 


Validity  of  statutory  or  other  regulation 
forbidding  display  of  red  flag  or  other 
symbol  tending  to  incite  disorder. 
L.R.A.1915B,  706. 

Libel  or  slander  in  charging  person  with 
being  an  anarchist.     L.R.AJ917D,  861. 


ANATOMICAL  SUBJECTS. 


Exhibitions    of, 
(N.S.)    23. 


as    nuisance.      45    L.R.A. 


INDEX  TO  L.R.A.  NOTES. 


33 


ANCESTOR. 

Descent  and  distribution  of  property  of,  see 
Descent  and  Distribution;  Execu- 
tors AND  Administbators,  §§  47-49; 
Heirs. 

Consent  of,   to  sale  of  expectancy  by   pro- 
.      spective  heir.     33  L.R.A.  281. 


♦•» 

ANCESTRAL  ESTATES. 

Descent  of.     L.R.A.1916C,  902. 

♦-•-♦ 

ANCHORAGE. 

Obstruction  of  rights  of  navigation  by. 
L.R.A.  56. 


59 


ANCIENT   CHANNEIi. 

Right  as  between  upper  and  lower  proprie- 
tors to  restore  water  to.    41  L.R.A.  750. 


ANCIENT    DEFECTS. 

Liability  of  township  for  injury  by  ancient 
defects  in  highway.  13  L.R.A.  (N.S.) 
1272. 


^•» 


ANCIENT  DOCUMENTS. 

Necessity  of  proving,  by  subscribing  wit- 
nesses.    35  L.R.A.  341. 

Use  of  ancient  book  as  evidence.  53  L.R.A. 
532. 

Recital  in  ancient  deed  as  evidence  of  heir- 
ship.    45  L.R.A.(N.S.)    94. 


ANCIENT    SIGNATURE. 


Opinion  evidence  as  to. 
162. 


36   L.R.A.(N.S.) 


ANCIENT  USE. 


Of  water   as   essential   to   support   present 
right.    41  L.R.A.  743. 


ANCIENT  WRITINGS. 

Comparison  of  handwriting  in.     62  L.R.A. 

86L 
Competency  of  witness  to  handwriting  of. 

63  L.R.A.  984. 


ANCILLARY    ADMINISTRATION. 

See  Executors  and  Administrators,  §§  60, 

61. 
Consult  also  L.It.A.  Digests  of  Cases. 


ANCILLARY  GUARDIANS. 

Necessity  of  bond  to  make  acts  of,  valid. 
33  L.R.A.  760. 


ANCILLARY    PROCEEDINGS. 

When  may  local  venue  be  disregarded  upon 
the  ground  that  the  action  or  proceed- 
ings is  ancillary  or  incidental.  L.R.A. 
1916D,   1134. 


ANCILLARY   SUITS. 

Removal  of,  to  Federal  court,  see  Removal 
OF  Causes,  §  4. 


ANESTHETIC. 


Accident  as  proximate  cause  of  death  under 
anesthetic.     3  B.  R.  C.  65. 


ANGER. 

As    defense    to    criminal    prosecution,    see 

Criminal  Law,  §  11. 
Homicide  in,  see  Homicide,  §  32. 


ANIMALS. 


I.  In  general,  §   1. 
II.  Rights  and   liahilities  concerning, 
§§   2-22. 

a.  In  general,  §  2. 

b.  Property  rights  in,  §§  3-6. 

c.  Killing  or  injuring,  §§   7-S. 

d.  Liability    for    damage    by,    §§ 

9-16. 

e.  Diseased  animals,  §  17. 

f.  Regulations     concerning;      li- 

cense and  tax  laws,  §§  IS, 
19. 

g.  Impounding;      aa      nuisances, 

§§   20-22. 
III.  Cruelty  to,  §  23. 

I.  In  general. 

§  1.  Generally. 

As  to  agistment,  see  Agisters. 

Transportation  of,  see  Carriers,  §§  124- 
127. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  42. 

Dead  animals,  see  Dead  Animals. 

Frightening  of,  see  Fright,  §  1. 

As  to  game,  see  Game  and  Game  Laws. 

As  to  horses,  see  Horses. 

Insurance  on,  see  Insurance,  §  222. 

As  to  stables,  see  Stables. 

Evidence  of  trailing  of  persons  by  blood- 
hounds. 42  L.R.A.  4.32;  3.5  L.R.A. 
(N.S.)   870;  L.R.A.1917E,  730. 

Employees  in  charge  of,  as  tenants.  4 
L.R.A.(N.S.)    709. 

Injunction  to  prevent  trespass  of.  48 
L.R.A.(N.S.)  179. 


34 


INDEX  TO  L.R^.  NOTES. 


ANIMALS,  I.— cont'd 

Striking  or   friglitening  animal  as  assault 

upon  one  in  control.    L.R.A.1915E,  812. 
Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  668,  680,  716,  720. 
Keeping    of    pigs    as    a    nuisance.     L.R.A. 

1917C,  212. 
Implied  warranty  of  fitness  on  sale  of  food 

for  animals.     L.R.A.1917F,  475. 

II.  Bights    and    liabilities    concerning, 
a.  In  general, 

§   2.  Generally. 

Liability  of  agister,  see  Agisters. 

Necessity  and  sufficiency  of  description  of 
offense  of  illegal  use  of  estrays  in  bail 
bond  or  recognizance.  38  L.R.A.  (N.S.) 
323. 

Liability  for  escape  of  another's  stock  from 
pasture  by  failure  to  keep  proper  divi- 
sion fence.     20  L.R.A.  479. 

Creation  of  partnership  by  provision  for 
taking  profits  from  use  of,  as  compen- 
sation.    18  L.R.A.(N.S.)    1046. 

ft.  Property  rights  in. 

§  3.  Generally. 

Property  right  in  wild  animals  which  are 
being  pursued  or  have  been  wounded. 
50  L.R.A.(N.S.)   704. 

Property  rights  in  bees.     40  L.R.A.  687. 

Property  rights  in  dogs.     40  L.R.A.  .503. 

Brand  as  evidence  of  ownership  of.  11 
L.R.A.(N.S.)   87. 

Rights  as  between  life  tenant  and  remain- 
derman to  increase  of  livestock.  L.R.A. 
1915C,  849. 

§  4.  L/arceny  of. 

Larccnv  of  dog.    40  L.R.A.  514. 

Larceny  of  estrays.     30  L.R.A. (N.S.)    341; 

L.R.A.1916A,  468. 
Killing  animal  and  carrying  away  part  of 

tlie  carcass  as  larceny  of  the  animal. 

L.R.A.1915E,   848. 

§  5.  Sale  of. 

\  alidilv  of  sale  of,  in  violation  of  law.     12 

L.R.A.  (N;S.)    597. 
Sufficiency    of    selection    or    designation    of 

part  sold  out  of  a  larger  number.     26 

L.R.A.(N.S.)   45. 
Express  warranty  as  to  quality  as  excluding 

implied    warranty.      33    L.R.A. (N.S.) 

504. 
Implied  warranty  of  fitness  of  animals  sold 

for  slaughter.     L.R.A.1917D,  823. 
Does  warranty  extend  to  obvious  defects  in. 

12  L.R.A'. (N.S.)   82. 
Dutv  of  seller  to  disclose  defect  in  animal. 

'L.R.A.1917C,  619. 
Liability  of  vendor  of  diseased  livestock  in 

absence  of  express  warranty.    29  L.R.A. 

(N.S.)  202. 
Remedy   for   breach   of  warranty  of   horse 

where  its  death  prevents  its  return  and 

the  substitution  of  another  as  provided 

by  the  contract.     25  L.R.A. (N.S.)    823. 
Begin  ivilh  this  hoolc  on  every  law  question. 


ANIMALS,  II.  b— cont'd 

False  pretenses  in  misrepresenting  the  qual- 
ity, condition  or  status  of  animals  sold 
or  traded.     49  L.R.A.(N.S.)   576. 

Efl'ect  of  buyer's  use  of  animals  purchased 
after  seller's  refusal  to  accept  them 
wlien  tendered  in  rescission  of  contract. 
L.R.A.1916F,  480. 

Exclusiveness  of  remedy  for  breach  of  war- 
ranty provided  for  in  contract  for  sale 
of  animal.     50  L.R.A. (N.S.)  774. 

§  6.  Liens;  chattel  mortgage. 

Mortgage  covering  increase  of,  see  Chattel. 

Mortgage,  §  12. 
Lien  on,  see  Liens,  §§  14,  17. 

c.  Killing  or  injuring. 

§  7.  Generally. 

Killing  of,  or  injury  to,  by  dogs,  see  infra,. 
§  12. 

Liability  of  bailee  of  horse,  see  Bau.ment 
§6. 

Liability  of  carrier  for,  see  Carriers,  §§; 
124-127. 

Liability  of  railroad  company  for,  see  Rail- 
roads, §§  73-76,  85. 

Contributory  negligence  of  owner  of  animal 
killed  on  railroad  track,  see  Railroads, 
§  85. 

Injury  by  reason  of  leaving  gates  in  rail- 
road fence  open.     49  L.R.A.   625. 

Loss  of  stock  as  element  of  damages  for  re- 
moval of  fences.     53  L.R.A.  629. 

Liability  of  one  who  neglects  to  repair  di- 
vision fence  for  deatli  or  injury  of  live 
stock  after  straying  through  the  fence.. 
52  L.R.A,  (N.S.)    99. 

Liability  of  one  in  possession  of  unfenced 
land  for  injuries  to  live  stock 
which  strays  thereon  from  public 
range.     52  L.R.A. (N.S.)    133. 

Liability  for  injury  to  live  stock  upon  one 
side  of  fence  by  live  stock  on  other. 
L.R.A.1915D,  1074. 

Evidence  of  other  crimes  in  prosecution  for 
killing  or  injuring  animals.  62  L.R.A. 
239. 

Liability  for  injury  to  animal  from  fright 
caused  by  wrongful  act.  L.R.A.1917C,^ 
991. 

Liability  for  friglitening  animal  to  death. 
23  L.R.A.(X.S.)    183. 

Liability  of  persons  leaving  dangerous  sub- 
stances accessible  to  cattle,  for  injuries^ 
to  cattle  eating  them.     7  B.  R.  C.  233. 

Liability  of  vendor  of  unwholesome  food 
for  cattle.  21  L.R.A.  140;  L.R.A. 
1916B,  1108. 

Liability  of  hirer  for  injury  to  horse  wliile 
being  used  for  a  purpose  other  than 
that  for  which  it  was  hired.  28  L.R.A. 
(N.S.)    1106. 

Liability  of  railroad  company  for  attract- 
ing animals  running  at  large  by  allow- 
ing freight  or  waste  to  remain  exposed 
on   its   premises.     28   L.R.A. (N.S.)    83. 

Right  to  interest  on  damajios  from  injury 
to.     28  L.R.A.  (N.S.)    68. 


INDEX  TO  L.R.A.  NOTES. 


35 


ANIMALS,  II.  c— cont'd 

Validity  of  statute  permitting  the  summary 
killing  of  domestic  animals  other  tlian 
dogs,  running  at  large.  21  L.K.A. 
(N.S.)   699. 

Power  to  require  destruction  of  diseased 
domestic  animals  without  making  com- 
pensation therefor.  18  L.R.A. (N.S.) 
"  369. 

§  8.  Dogs. 

Right    to    kill    dogs.      15    L.R.A.    249;    40 
L.R.A.  510;   19  L.R.A. (N.S.)    835; 
28  L.R.A.(N.S.)  673;  L.R.A.1915C, 
359. 
Liability  for  unintetitionally  killing  or  in- 
juring unlicensed   dogs.     L.R.A.1917F, 
435. 
Duty   of   railroad   or   street   railways   with 
respect   to  dogs   on   track.      37    L.R.A. 
659;    40    L.R.A.    509;    6    L.R.A. (N.S.) 
911. 
Right  to  damages  for  killing  of  dog  by  pub- 
lie  officer.     19  L.R.A.  196. 

d.  Liability  for  damage  by. 

§  9.  Generally. 

Sufficiency  of  plaintiff's  pleadings,  see 
Pleading,  §  25. 

Liability  of  owner  for  injuries  by,  to  per- 
sons coming  upon  owner's  premises. 
14  L.R.A.  196. 

Liability  for  injuries  inflicted  by  domestic 
animals  other  than  dogs.  2  L.R.A. 
(N.S.)    1188. 

Liability  for  injury  to  livestock  upon  one 
side  of  fence  by  livestock  on  other. 
L.R.A.1915D,  1074. 

Liability  of  one  maintaining  place  of  amuse- 
ment for  injury  by  animals.  42  L.R.A. 
(N.S.)    1072. 

Liability  of  keeper  of  animal  known  to  be 
dangerous  as  affected  by  absence 
of  negligence  on  his  part.  6  L.R.A. 
(N.S.)    1164;  2  B.  R.  C.  14. 

Master's  liability  for  injury  due  to  negli- 
gence of  servant  having  custody  of  dan- 
gerous animals.     10  L.R.A.  (N.S.)    392. 

Sufficiency  of  general  allegations  as  to  keep- 
ing dangerous  animals.     59  L.R.A.  272. 

Evidence  as  to  disposition  of  animal  prior 
to   injury.      32   L.R.A.  (N.S.)     1159. 

Admissibility  of  evidence  of  subsequent  vi- 
cious conduct  of  animal  inflicting  in- 
jury.     17   L.R.A. (N.S.)    1233. 

Expert  testimony  as  to  vicious  character  of 
animals.     24   L.R.A. (N.S.)    1189. 

Pollution  of  water  course  by  stock.  26 
L.R.A.  (N.S.)   222. 

Character  of  liability  of  several  persons 
whose  animals  unite  in  committing  the 
injury.     40  L.R.A. (N.S.)   109. 

Contributory  negligence  of  child  injured  by 
animal.     L.R.A.1917F,  92. 

§10.  Animals  trespassing  or  running 
at  large. 

Right  to  kill  trespassing  dog,  see  supra,  §  8. 

Scienter  as  condition  of  liability  for  dam- 
ages by  trespassing  dogs.  25  L.R.A. 
(N.S.)"  691. 

Consult  also  L.R.A.  Digests  of  Cases. 


ANIMALS,  II.  d— cont'd 

Liability   of   owner    for   trespass   of   cattle. 

22  L.R.A.  55. 
Municipal   liability   for    failure   to   prevent 
animals  running  at   large.     27   L.R.A. 
728;    23    L.R.A. (N.S.)    642;    42   L.R.A. 
(N.S.)   862. 
Liability  for  trespass  on  unfenced  land  by 
live  stock  being  driven  along  the  high- 
way.    12  L.R.A.  (N.S.)   912.  .         ' 
Civil    liability    of    nonresident   for    damage 
done  by  his  stock  wliilo  straying  in  dis- 
trict where  allowing  animals  to  run  at 
large    is    forbidden.      22    L.R.A. (N.S.) 
1098. 
Liability  of  owner  for  injury  to  person  or 
property    on    highway    by    animal 
permitted  to  run  at  large.     L.R.A. 
1918D,  200. 
Animal  at  large  in  violation  of  statute. 
16  L.R.A. (N.S.)    647.  \ 
Liability  of  landowner  for  damage  by  tres- 
passing    live     stock     which     enter 
upon  his   land   and  thence  Avander 
to  adjoining  property.     43  L.R.A. 
(N.S.)    447;    L.R.A.1916E,  448. 
Liability    of    owner    of    animal    allowed    to 
stray  or   run   at  large  on   highway  or 
other  public  place  for  injuries  to  per- 
sons   or    property    of    passers-by    occa- 
sioned otherwise  than  bv  direct  attack. 
5  B.  R.  C.  120. 
Liability  of  a  carrier  for  injury  or  damage 
inflicted    by   an    animal   Avhich   escapes 
from    its    custody    or    control.      L.R.A. 
1915D,  564.                                                    \ 

§  11.  Wild  animals. 

Liability  for  injury  done  by  animals  fenf 
naturcE.  ll' "L.R.A.(N.S.)  748;  16 
L.R.A.(N.S.)  445;  52  L.R.A.(N.S.> 
377. 

Master's  liability  to  servant  for  personal 
injury  by  wild  animal.  23  L.R.A. 
(N.S.)    1071. 

Liability  of  a  carrier  for  injury  or  damage 
inflicted   by   an    animal   Avhich    escapes 
from    its    custody    or    control.      L.R^A 
1915D,  564. 

§12.  Dogs.  ! 

Who  is  the  keeper  or  liarbnrer  of  n  Aoa.  17 
L.R.A.(N.S.)   431;  L.R.A.1917E,  520. 

Liability  of  carrier  for  injury  to  passenger 
by  dog.     4  L.R.A.  (N.8.)' 947. 

Liability  of  owner  for  injuries  caused  l)y 
dog  running  against  person.  33  L.R.A. 
(N.S.)   163. 

Scienter  as  condition  of  liability  for  dam- 
ages by  a  trespassing  dog.  25  L.R.A. 
(N.S.)'  691. 

What  scienter  is  necessary  to  cliarge  owner 
with  liability  for  injury  inflicted 
by  dog  to  person  or  property  of 
another.  24  L.R.A.  (N.S.)  458^;  51 
L.R.A.  (N.S.)   45. 

Measure  of  damages  for  personal  injury  by 
dog.    37  L.R.A. (N.S.)  865. 

What  are  animals  within  statute  in  rela- 
tion to  killing  of  animals  by  dogs.  44 
L.R.A.  (N.S.)    607. 


30 


INDEX  TO  L.R.A.  NOTES. 


AN^IALS,  II.  d— cont'd 

Zutes  making  owner  or  keeper  liable  for 
injuries  by  dofj  while  out  of  inclosure. 
L.R.A.IDIGE,  712. 
lility  for  injury  inflicted  by  dog  upon 
one  who  enters  premises  by  mistake. 
L.R.A.1916C,  347. 
Contributory  negligence  of  child  injured  by 
dog.     L.R.A.1917F,  92. 

§  13.  Bees. 

Liability  of  owner  of  bees  for  injuries  done 
■  by  tliem.     62  L.R.A.  132. 

§   H.  Injury  to  hirer. 

Injury  to  hirer  of  horse,  see  Bailment,  §  12. 

§  15.  Injury  to  servant. 

Duty  and  liability  of  master  to  servants  in 
respect  to  animals  owned  or  used 
by  master.     L.R.A.1915B,  433. 
Duty  to  warn  servant  against  vicious  horse. 

'3  L.R.A.(N.S.)    209. 
Liability  of  master  to  servant  for  personal 
injury  by  wild  animal  or  animal  kept 
for    exhibition    purposes.      23    L.R.A. 
(N.S.)    1071. 

§  16.  Municipal   liability. 

Liability  of  municipal  corporation  for  fail- 
ing to  prevent  animals  running  at  large 
in  street.  27  L.R.A.  728;  23  L.R.A. 
(N.S.)    642;  42  L.R.A.(N.S.)    862. 

Liability  of  municipality  for  failure  to  en- 
force ordinance  in  relation  to  animals. 
L.R.A.1915A,  448. 

e.  Diseased  animals. 

§17.  Generally. 

Carrier's  liability  for  communication  of  dis- 
ease to  animals,  see  Cakriebs,  §  127. 

Validity  and  construction  of  statutory  regu- 
lations as  to  infected  animals.  26 
L.R.A.  638;  43  L.R.A.(N.S.)    1066. 

Delegation  by  legislature  of  power  as  to 
quarantining  cattle.  32  L.R.A. (N.S.) 
651. 

State  legislation  for  protection  of  health  of 
live  stock  as  interference  with  inter- 
state commerce.     26  L.R.A. (N.S.)   279. 

Power  to  require  destruction  of  diseased 
domestic  animals  without  making  com- 
pensation.    18  L.R.A. (N.S.)    369. 

Scienter  as  a  condition  of  liability  for 
spreading  contagious  disease  among 
animals.     6  L.R.A. (N.S.)   922. 

Duty  of  seller  to  disclose  latent  disease  in 
animal.    L.R.A.1917C,  619. 

Liability  of  vendor  of  diseased  live  stock  in 
absence  of  special  warranty.  29  L.R.A. 
(N.S.)    202. 

Damages  recoverable  for  selling  diseased 
animals.     34   L.R.A. (N.S.)    697. 

Liability  of  live  stock  inspectors.  L.R.A. 
1915B,   1013. 

/.  Begulntions  concerning;  license  and 
t€ix  laws. 


ANIMALS,  II.  f— cont'd 

Constitutionality  of  statute  allowing  cattle 

to  graze  in  highway.     33  L.R.A.  (N.S.) 

1055. 
Power  of  municipality  to  prohibit  keeping 

of  live  stock.     39  L.R.A. (N.S.)   266. 
Validity  and  construction  of  statutory  regu- 
lations of  infected  animals.     26  L.R.A. 

638;   43  L.R.A. (N.S.)    1066. 
Constitutionality    of    statutes    authorizing 

seizure  of  animals  by  humane  officers. 

15  L.R.A.(N.S.)  554. 
Loss  of  collar  as  defense  to  prosecution  for 

keeping  dog  without  collar.    42  li.R.A. 

(N.S.)  437. 

§  19.  Ijieense  and  tax  laws. 

License  and  tax  laws  as  to  dogs.  40  L.R.A. 
520. 

Character  of  dog  tax.    39  L.R.A. (N.S.)  155. 

Constitutionality  of  tax  on  dogs  for  benefit 
of  sheep  owners.    17  L.R.A.(N.S.)  855. 

Right  to  kill  unlicensed  dogs.  15  L.R.A. 
249. 

Liability  for  unintentionally  killing  or  in- 
juring unlicensed  dogs.  L.R.A.1917F, 
435. 

Validity  of  contract  of  unlicensed  stock 
breeders.     12  L.R.A.(N.S.)   617. 

Requiring  nonresident  bringing  live  stock 
into  state  for  grazing  purposes  to  pay 
license  tax.     40  L.R.A. (N.S.)    291. 

g.  Impounding ;  as  nuisances. 

§20.  Impounding;. 

Liability  of  municipality  for  impounding 
animals.     27  L.R.A. (N.S.)   138. 

§21.  Animals  as  nuisances. 

Bees  as.     62  L.R.A.  133. 
Keeping  of  barkingdog  as.    7  L.R.A.  (N.S.) 
349. 

§   22.  — municipal   regulation  of. 

Municipal  regulation  as  to  nuisance  of.  38 
L.R.A.  332. 

Running  at  large  as  a  nuisance  in  street 
subject  to  municipal  control.  39  L.R.A. 
674. 

Municipal  power  over  stockyards  as  nui- 
sances.    38  L.R.A.  655. 

Power  of  municipal  corporation  to  prevent 
stock  yards  within  corporate  limits. 
28   L.R.A.(N.S.)    122. 

Right  of  municipality  to  prohibit  the  keep- 
ing, standing,  or  exhibiting  of  stallions 
and  jacks.     11  L.R.A. (N.S.)   736. 

///.  Cruelty  to. 

§23.  Generally. 

Malice  or  wilfulness  as  ingredient  of  the 

offense    of    abusing    animals.      41 

L.R.A.(N.S.)    433. 

Constitutionality  of  statute  or  ordinance  for 

prevention  of  cruelty  to.    L.R.A.1916A, 

951. 


ANNEXATION. 


§  18.  Regulations  generally. 

Municipal  regulations  of,  as  nuisances,  see    Of  territory  to  municipality,  see  MUNICIPAL 

infra,  §  22.  I  Corporations,  §§11,  12. 

Megtn  with  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


37 


ANNEXATION— cont'd 

Of  territory  to  town,  see  Towns,  §  3. 

Effect  of,  on  right  of  alien  to  inherit. 
L.R.A.  181. 


31 


ANNOTATOR. 


Common-law  right  of  annotator  or  commen- 
tator,    51  L.R.A.  358. 


ANNUAL.  SUPPLIES. 

Contracts  for,  as  indebtedness  of  municipal- 
ity.    59  L.R.A.  610. 


ANNUITY. 


§   1.  Generally. 

Basis  and  method  of  computing  value  of, 
for  purposes  of  succession  tax.  46 
L.R.A.(N.S.)    714. 

Form  of  instrument  necessary  to  create, 
47  L.R.A.  614. 

Set-off  in  bankruptcy.     55  L.R.A.  68. 

Form  of  judgment  on  annuity  and  instal- 
ment bonds.     62  L.R.A.  428,  439,  453. 

Specific  performance  of  contract  as  to.  6 
L.R.A. (N.S.)  591. 

Enforcement  of  annuity  charges  upon  a  de- 
vise.     30   L.R.A.  (N.S.)    825. 

Right  of  legatee  for  whose  benefit  the  pur- 
chase of  annuity  is  directed  to  receive 
the  principal  in  lieu  thereof.  33  L.R.A. 
(N.S.)  979. 

Effect  of  death  of  beneficiary  of  testamen- 
tary gift  of  annuity,  before  its  pur- 
chase.   2  B.  R.  C.  909. 

Testamentary  annuity  as  payable  out  of 
corpus  or  income.    L.R.A.1917E,  580. 

§  2.  Apportionment. 

Apportionment  of  annuities  in  absence  of 
statute.  63  L.R.A.  616;  29  L.R.A. 
(N.S.)   775. 


ANNULMENT. 


Relief   of   purchaser   on   annulling   judicial 

sale,  see  Judicial  Sale,  §  13. 
Of  marriage,  see  Mabbiaqe,  §§  16-20. 


ANTECEDENT  INDEBTEDNESS. 

As  consideration  for  contract,  see  Con- 
tracts, §  10. 

May  a  corporation  issue  stocks  or  bonds  in 
payment  of  or  as  security  for,  under 
statute  prohibiting  the  issue  except  for 
money,  labor  done,  or  property  actually 
received.     L.R.A. 1916E,  570. 

Consult  also  L.R.A.  Digests  of  Cases. 


ANTECEDENT  INDEBTEDNESS— confd 

Protection  under  recording  act  of  mortgage 
given  as  security  for.  33  L.R.A.  (N.S.) 
57. 

Love  and  affection  as  consideration  for  exec- 
utory promise  to  pay  existing  debt  of 
another.    L.R.A.1918C,  543. 


#•» 

ANTENUPTIAL    CONCEPTION. 

See  Antenuptial  Pbegnancy. 
♦  >» 


ANTENUPTIAL  CONTRACT. 

See  Husband  and  Wife,  §§  55-61. 

^  * » 

ANTENUPTIAL   DEBTS. 

Liability   of  community  property  for.     19 
L.R.A.  235. 


ANTENUPTIAL  FRAUD. 

On  marital  rights,  see  Husband  and  Wife, 
§§  43,  43a. 


ANTENUPTIAL  INDEBTEDNESS. 

Husband's  liability  for,  see  Husband  and 
Wife,  §  10.  . 


ANTENUPTIAL  PREGNANCY. 

As  ground  for  divorce  or  annulment  of  mar- 
riage. 18  L.R.A.  375;  13  L.R.A.(N.S.) 
996;   L.R.A.1916E,  650. 

Proof  necessary  to  establish  bastardy  of 
child  born  to  married  woman  in  cases 
of  antenuptial  conception.  36  L.R.A. 
(N.S.)    261. 


ANTICIPATION. 


11 


In  respect  to  patent,  see  Patent,  §  9. 

As    an    element    of    proximate    caus( 
L.R.A. (N.S.)   684. 

Validity  of  anticipatory  contract  making 
provisions  for  wife  in  event  of  her  ob- 
taining divorce  for  subsequent  fault  of 
husband.  23  L,R.A.(N.S.)  880;  L.R.A 
1918A,  384. 

Anticipatory  breach  of.  contract  as  basis  of 
suit  for  specific  performance.  36  L.R.A. 
(N.S.)   408. 

Damages  for  anticipatory  breach  of  con- 
tract as  provable  claim  in  bankruptcy 
L.R.A.1917B,  585;   L.R.A.1918A,  545. 


38 


INDEX  TO  L.R.A.  NOTES. 


ANTICIPATORY  BREACH. 

See  Anticipation. 


ANTI-SCA^PING  ACT. 

See  Carbiebs,  §§  21,  148. 


ANTI-TRUST    ACTS. 

See  Conspibact;  Monopoly  and  Combina- 
tions. 


APARTMENTS. 


Implied  covenant  of  fitness  for  purpose  in- 
tended.    33  L.R.A.  455. 

Continuance  of  rent  for,  after  destruction 
of  leased  building.    22  L.R.A.  613. 

Dutv  and  liability  of  landlord  of  apart- 
"ments  as  to  heating.  37  L.R.A.(N.S.) 
1213. 

Apart'iicnt  iioiisc  as  violation  of  restric- 
tive covenants.  45  L.R.A.  (N.S.)  726; 
L.R.A.1918C,  875. 

Lien  .ui  one  otner  tiian  innkeeper  or  board- 
ing-house keeper*  who  rents  rooms  or 
apartments.     L.R.A.1915F,  665. 


APERTURES. 


Right  to  open,  in  party  walL 
(N.S.)  1191. 


10  L.R.A. 


♦  ♦» 


APEX. 

Of  vein  in  mine,  see  Mines,  §  8. 
♦-•-♦ 


APOLOGETIC    STATEMENTS. 

Apologetic  statements  made  sometime  after 
accident  by  person  causing  accident  as 
res  gestae.     42  L.R.A. (N.S.)    928. 


APOPLEXY. 


As  affecting  testamentary  capacity. 
1915A,  452. 


L.R.A. 


APOTHECARIES. 


APPARENT  OWNERSHIP. 

Estoppel  of  one  permitting  title  to  realty 
to  stand  in  another's  name  to  assert 
title  as  against  the  latter's  creditors. 
30  L.R.A.(N.S.)  1;  46  L.R.A.(N.S.) 
1097. 


See  Drugs  and  Dbuggists. 

Iter/iu  xHth  this  hook  on  every  late  question 


APPEAL  AND  ERROR. 

I.  Right  of  appeal,  §§   1,  2. 

II.  Modes  of  revicic,  §  3. 

III.  Appellate   jurisdiction,     §§   4-6. 

IV.  Transfer  of  cause;  parties,  §§  7- 

17. 

a.  Right  to  transfer,  §§    7-Sa. 

b.  Effect,  §§  9-11. 

c.  Parties,  §    12. 

d.  Mode;     conditions;     regula- 

tions, §13. 

e.  Time     for     talcing     appeal, 

§§    14,    15. 

f.  Security,  §§  16,  17. 
V.  Record,   §§   18-23c. 

VI.  Objections  and  exceptions,  §§  24, 

24a. 
VII.  Dismissal;  abatement,   §   25. 
VIII.  Hearing        and        det^rtnination, 
§§  26-40. 

a.  In  general,  §§  26-34. 

b.  What     errors     warrant     re- 

versal,    §§    34a-40. 
IX.  Judgment  on  appeal,  §§   41 -44a 

a.  In  general,  §   41. 

b.  Costs,  §   42. 

c.  Effect     of     decision;     subse- 

quent    proceedings,  §§  43- 
44a. 
X.  Rehearing,  §    45. 
XI.  Liability  on  appeal  bond,  §  46. 
XII.  Effect  of  danger  of,  §   47. 

As  to  certified  cases,  see  Cases  Cebtified. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  179. 

In  eminent  domain  proceedings,  see  Emi- 
nent Domain,  §  34. 

From  justice's  judgment,  see  Justice  or 
THE  Peace,  §  8. 

From  order  appointing  receiver,  see  Re-. 
ceivebs,  §  8. 

As  to  bill  of  review,  see  Review. 

Appeal  in  workmen's  compensation  cases, 
see  Workmen's  Compensation,  §  3. 

/.  Right  of  appeal. 

§  1.  Generally. 

Right  to  appeal  from  appointment  of  guard- 
ian for  incompetent  person,  see  Incom- 
petent Persons,  §  23. 

From  tax  assessment,  see  Taxes,  §  59c. 

Effect  of  right  of  appeal  upon  plaintiff's 
right  to  dismiss  action.  L.R.A.1917C, 
133. 

Right  to  appeal  from  order  of  Federal  cir- 
cuit court  remanding  cause  to  state 
court,     1  L.RJ^.  67. 


INDEX  TO  L.R.A.  NOTES. 


APPEAL  AND  ERROR,  I.— cont'd 

Riglit  to  appeal  from  void  judgment,  de- 
cree, or  order.    33  L.R.A.(N.S.)   733. 

Constitutionality  of  statute  denying  right 
of  appeal  from  decision  of  courts  in 
certain  classes  of  cases.  19  L.R.A. 
(N.S.)    377. 

Power  of  legislature  to  permit  appeal  to 
court  for  purpose  of  reviewing  the 
amount  of  a  tax  assessment.  13  L.R.A. 
(N.S.)    716. 

Jroni  decree  for  costs  only.  1  L.R.A. (N.S.) 
1083. 

Right  of  iij)])Iicant  to  appeal  in  proceedings 
to  ai)point  guardian  for  incompetent 
person.     15  L.R.A. (N.S.)    436. 

Froii.  mandate  of  court  requiring  submis- 
sion of  (luestion  by  initiative  petition. 
50  L.R.A.  (N.S.)    218. 

As  to  matters  connected  with  initiative  and 
referendum  election.     L.R.A.1917B,  32. 

Dissolution  of  ])reliminary  injunction  as 
affecting  right  to  punish  for  contempt 
for  its  violation  pending  appeal.  51 
L.R.A. (N.S.)    972. 

Validity  of  contract  not  to  appeal  from 
decree  of  divorce.  44  L.R.A.  (N.S.) 
386. 

Constitutionality  of  statute  denying  right 
of  appeal  from  decision  in  certain 
classes  of  cases.  44  L.R.A. (N.S.) 
1209. 

§  2.  Criminal  cases. 

Right  of  state  to  appeal,  see  infra,  §  7a. 

•Question  whether  suit  for  statutory  pen- 
alty is  a  civil  or  criminal  prosecution 
as  affecting  appeal.  27  L.R.A. (N.S.) 
752. 

Hight  to  review  of  order  in  habeas  corpus 
discharging  or  remanding  party  held 
for  extradition.     34  L.R.A. (N.S.)    755. 

In  case  of  insanity  after  commission  of 
criminal  act.     38  L.R.A.  589. 

II,  Modes  of  review, 

§  3.  Generally. 

Under  the  Torrens  Law.     L.R.A.1916D,  49. 

Exclusiveness  of  remedy  by  appeal  in  case 
of  defects  in  local  improvement.  56 
L.R.A.  908. 

Right  of  legislature  to  deny  riglit  of  appeal 
where  there  is  otlier  mode  of  review. 
19  L.R.A. (N.S.)   380. 

Hxercise  of  superintending  control  of  place 
of  appeah  51  L.R.A.  109;  20  L.R.A. 
(N.S.)   949. 

Laclc  of  remedy  by  appeal  as  ground  for  in- 
junction against  judgment.  30  L.R.A. 
560. 

Exceptions  to  rule  that  certiorari  will  not 
lie  where  there  is  an  appeal.  50  L.R.A. 
787. 

Prohibition  not  issued  to  review  or  correct 
errors  of  law  or  fact.     3  L.R.A.  57. 

Writ  of  prohibition  not  to  serve  purpose  of 
writ  of  error.     9  L.R.A.  59. 

Appeal  as  proper  method  of  review  of  con- 
troversies arising  in  bankruptcy  pro- 
ceedings.    10  L.R.A.(N.S.)   765. 

Consult  also  L,B,A,  Digests  of  Cases, 


APPEAL  AND  ERROR— cont'd 

///.  Appellate  jurisdiction. 

§  4.  Jurisdiction  of  Federal  Supreme 
Court  over  state  courts. 

What  adjudication  of  state  courts  can  be 
brought  up  for  review  in  the  Su- 
preme Court  of  the  United  States 
by  writ  of  error  to  those  courts. 
62  L.R.A.  513. 

How  and  when  questions  must  be  raised  and 
decided  in  a  state  court  in  order  to 
make  a  case  for  a  writ  of  error 
from  tlie  Supreme  Court  of  the 
United  States.    63  L.R.A.  33. 

§  5.   Supervisory   jurisdiction. 

Superintending  control  of  courts  generally, 
see  Courts,  §§  30,  31. 

Inherent  power  of  supervisory  or  superin- 
tending control  in  courts  of  appellate 
jurisdiction.     51  L.R.A.  36. 

Exercise  of  superintending  control  and 
supervisory  jurisdiction  to  aid  appel- 
late jurisdiction.     51  L.R.A.  110. 

Exercise  of  superintending  control  in  place 
of  appeal.  51  L.R.A.  109;  20  L.R.A. 
(N.S.)    949. 

Original  jurisdiction  of  court  of  last  resort 
under  grant  of  appellate  jurisdiction. 
58  L.R.A.  844. 

§   6.  Jurisdictional   amount. 

Right  of  legislature  to  deny  right  of  appeal 
in  cases  where  amount  does  not  exceed 
designated  sum.  19  L.R.A. (N.S.)  379; 
44  L.R.A.(N.S.)    1209. 

Counterclaim  as  affecting  amount  involved. 
L.R.A.1918F,  837. 

Effect  of  counterclaim  in  amount  in  excess 
of  jurisdiction  in  appellate  court. 
37  L.R.A.(N.S.)  616. 

IV,  Transfer  of  cause;  parties, 

a.  Right  to  transfer. 

§   7.  Who  entitled  to. 

Under  the  Torrens  Law.     L.R.A.1916D,  49. 

Who  may  appeal  to,  or  sue  out  writ  of  er- 
ror from,  Federal  Supreme  Court.  66 
L.R.A.  854. 

Who  is  a  "person  aggrieved"  within  statute 
allowing  appeal  by  such  person  in  pro- 
ceedings for  the  appointment  of  a 
guardian  for  an  alleged  incompetent. 
25  L.R.A. (N.S.)    155. 

Right  of  surviving  party  to  appeal  from 
decree  of  divorce.  57  L.R.A.  683;  44 
L.R.A. (N.S.)    505. 

Appeal  by  distributee  from  decree  on  ac- 
counting of  which  he  had  no  notice.  63 
L.R.A.  97. 

Right  of  receiver  to  appeal.  L.R.A.1915D, 
802. 

Right  of  lowest  bidder  to  appeal  from  re- 
fusal to  award  contract  to  him.  30 
L.R.A.(N.S.)    130. 

§  7a.  —  right  of  state  to  appeal  In 
criminal  case. 

In  general.     19  L.R.A.  342. 
Constitutionality    of    statute    giving    state 

riglit  to  appeal  in  criminal  case.    L.R.A. 

1915F,  1093. 


40 


INDEX  TO  L.R.A.  NOTES, 


APPEAL  AND  ERROR,  IV.  a— cont'd 
§  8.  LoM  or  waiver  of  right. 

Waiver  of  right  to  appeal  by  taking  ad- 
vantage of  judgment  or  order  appealed 
from  in  another  direction.  L.R.A, 
1916E,  894. 

Effect  of  escape  on  appeal  from  conviction. 
26  L.R.A.(N.S.)    921. 

Right  of  trial  court  to  cut  off  defendant's 
appeal  by  requiring  or  permitting  a 
reduction  of  an  excessive  verdict.  39 
L.R.A.(N.S.)   1066, 

Acceptance  by  debtor  of  surplus  arising 
from  *sale  under  a  decree  as  affecting  his 
right  to  appeal  from  the  decree.  L.K.A. 
1918E,  106. 

§  8a.  Appeal  from  part  of  decree. 

Right  to  accept  favorable  part  of  a  decree, 
judgment,  or  order,  and  appeal 
from  the  rest  of  it.  29  L.R.A. 
(N.S.)   1. 

b.  Effect, 

§  9.  Generally. 

In  injunction  suit,  see  Injunction,  §  83. 

Effect  of  death  of  party  pending  appeal,  49 
L,R.A.  168. 

Effect  of  pardon  granted  pending  appeal, 
L.R.A.1917B,  570. 

Possibility  of  appeal  from  dismissal  of  gar- 
nishment or  attachment  as  affecting 
right  to  withhold  property  from  debtor. 
L.R.A.1917B,  591. 

Protection  of  one  purchasing  after  decree 
and  before  any  steps  have  been  taken  to 
review  the  same,    10  L,R.A,(N,S,)  443, 

Rights  of  one  acquiring  interest  in  property 
from  party  to  suit  pending  proceed- 
ings in  appellate  court,  27  L.R.A. 
735, 

Effect  of  right  to  appeal  from  divorce  de- 
cree on  party's  right  to  remarry.  17 
L.R.A.  573. 

Effect  of  right  to  appeal  on  plaintiff's  right 
to  dismiss  action.    L,R,A,1917G,  133. 

Appeal  as  affecting  decree  for  permanent 
alimony.    L.R.A. 1915B,  1071. 

Effect,  on  marriage  relation,  of  appeal  from 
conviction  of  husband  or  wife.  31 
L.R.A.  618. 

On  right  to  maintain  action  for  malicious 
prosecution.     2  L.R.A.  (N,S.)   953. 

Pendency  of  appeal  or  error  as  affecting 
running  of  statute  of  limitations 
against  an  action  for  malicious  prosecu- 
tion.    43  L.R.A.  (N.S.)  611, 

When  does  limitation  commence  to  run 
against  action  to  recover  money  paid 
on  a  judgment  subsequently  reversed 
or  modified,     25  L.R.A. (N.S.)   31. 

In  condemnation  proceedings.  2  L.R,A. 
(N.S.)   313. 

Right  upon  appeal  to  dismiss  condemnation 
proceedings  after  confirmation  of  award 
or  after  judgment,  L.R.A.1916C,  648. 

Effect  of  appeal  from  disbarment  or  sus- 
pension of  attornev.  24  L.R.A. (N.S.) 
756. 

Validity  of  statute  or  ordinance  providing 
for    forfeiture    of    liquor    license    upon 

Begin  with  this  booh  on  every  law  question. 


APPEAL  AND  ERROR,  IV.  b— cont'd 

conviction  of  licensee  irrespective  of  ap- 
peal.   29  L.R.A. (N.S.)   417. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest  dur- 
ing pendency  of  appeal.  31  L.R.A. 
(N.S.)    356. 

To  modify  or  suspend  injunction.  1  L.R.A. 
(N.S.)    555. 

Effect  of  appeal  from  order  appointing  re- 
ceiver.    20  L.R.A.  395. 

As  stay  of  judgment  in  habeas  corpus  pro- 
ceedings. 2  L.R.A. (N.S.)  244;  L.R.A. 
1918C,  923. 

Effect  of  appeal  from  a  prior  conviction  on 
enhancement  of  penalty  for  crime  by 
prior  offender.     34  L.R.A.  403. 

Suspension  of  injunction  pending  appeal. 
38  L.R,A.(N.S,)    436, 

Right  to  release  on  bail  pending  appeal 
under  general  statute,  37  L,R,A,  (N,S.) 
693, 

Right  to  bail  pending  appeal  in  attempt  to 
avoid  body  execution,  L,R.A.1915E, 
340. 

Right  to  release  pending  appeal  from  con- 
viction upon  taking  pauper's  oath. 
L.R.A.1916F,  106. 

Right  to  damages  for  detention  of  property 
pending  appeal  in  replevin.  52  L.R.A. 
(N.S.)    1199. 

§10.  Subsequent  proceedings  below  or 
in  otlier  inferior  courts. 

Power  of  trial  court  to  correct  its  record 
after  an  appeal  or  writ  of  error. 
31  L.R.A.(N.S,)  207. 

Jurisdiction  to  award  temporary  alimony, 
suit  money,  or  counsel  fees  pending 
appeal  in  divorce  suit.  27  L.R.A. 
(N.S.)    712;   L.R.A.1916F,   1259. 

Effect  of  appeal  from  injunction  upon  juris- 
diction of  trial  court  to  punish  for  con- 
tempt for  its  violation,  14  L.R.A. 
(X.S.)    1150;    L.R.A.1918F,   794. 

Suspension  on  appeal,  of  injunction  to  en- 
join infringement  of  patent.  39  L.R.A. 
(N.S.)    14. 

Effect  ot  pending  appeal  from  a  conviction 
upon  its  operation  as  a  bar  to  another 
prosecution  for  the  same  offense.  23 
L.R.A. (N.S.)  596. 

Power  of  public  prosecutor  to  dismiss  prose- 
cution after  taking  of.     35  L.R.A.  716. 

Delay  in  prosecution  caused  by,  as  ground 
lor  discharge  of  accused.  56  L.R.A. 
518. 

Release  on  bail  in  capital  case  pending  ap- 
peal.    39  L.R.A.  (N.S.)   708. 

Effect  of  appeal  from  order  appointing  a 
receiver  of  corporation  to  enable  a 
court  of  concurrent  jurisdiction  to  take 
jurisdiction.     22  L.R.A. (N.S.)    316. 

Effect  of  order  to  turn  back  the  property 
after  appeal  from  appointment  of  re- 
ceiver upon  right  of  other  courts  to  ex- 
ercise jurisdiction  over  it.  15  L.R.A. 
(N.S.)   963, 

Power  of  equity  to  enjoin  enforcement  of 
judgment  in  an  action  at  law  in  order 
to  retain  status  quo  pending  appeal 
from  the  judgment.  25  L.ll,A.(N.S.> 
828. 


INDEX  TO  L.R.A.  NOTES. 


41 


APPEAL  AND  ERROR,  IV.  b— cont'd 
§    10a.  — pending    error    or    appeal    to 
Federal  Supreme  Court. 

I'urtlior  proceedings  pending  error  or  ap- 
peal to  Federal  Supreme  Court.  60 
L.R.A.  802. 

§  11.  Effect  of  repeal  of  statute  pend- 
ing appeal. 

Effect  of  repeal  of  civil  statute  pending  ap- 
peal from  judgment  based  on  statute. 
o7   L.R.A.(N.8.)    934. 

Effect  of  repeal  witbout  saving  clause  of 
statute  or  ordinance  pending  appeal 
from  conviction  under  it.  23  L.R.A. 
(N.S.)    243. 

c.  Parties. 

§   12.   Generally. 

Who  entitled  to  appear,  see  supra,  §§7,  7a. 

On  error  or  appeal  to  Federal  Supreme 
Court.  66  L.R.A.  854. 

d.  Mode;    conditions;    regulations, 

§    13.   Generally. 

What    entry    or    record    necessary    to    com- 
plete  judgment   or  order   for  purposes 
of  appeal.     28  L.R.A.  627. 
Practice  and  procedure  governing  the  trans- 
fer  of   causes   to  the   Federal   Su- 
preme Court  on  writ  of   error   or 
appeal.     66  L.R.A.  833. 
Rights    of    individual    t^t-feasors    against 
whom  a  joint  verdict  has  been  obtained 
as  to  appeal.     L.R.A.1918C,  974. 

e.  Time  for  taUing  appeal. 

§    11.  Generally. 

First  and  last  days  in  computing  time  for. 

49  L.R.A.  226;   15  L.R.A.(N.S.)    689. 
Where  last  dav  falls  on  lioliday.     19  L.R.A. 

319. 
Loss  of  papers  as  excuse  for  delay  in  filing 

transcript  on  appeal.     25  L.R.A.  (N.S.) 

865. 
CJonstitutionality  of  statute  reviving  right 

of  appeal  on  writ  of  error  after  same 

barred  by  lapse  of  time.    45  L.R.A.  614. 
Statute   changing   time   allowed   for   appeal 

or   writ   of   error   as   affecting  pending 

action.     51  L.R.A. (N.S.)    760. 
Under  the  Torrens  Law.     L.R.A.1916D,  49. 

§  15.  For  transfer  of  cause  to  Federal 
Supreme  Court. 

When   review   only    is   desired.     66   L.R.A. 

846. 
When    supersedeas    is    desired.      66   li.R.A. 

847. 
How  time  is  to  be  computed.    66  L.R.A.  848. 
How  objections  may  be  raised.     66  L.R.A. 

850. 
Time  for  filing  record  and  docketing  cause. 

66  L.R.A.  850. 

/.  Security. 

§   16.  Generally. 

Liability  on  bond,  see  infra,  XI. 

Consult  also  L.R.A.  Digests  of  Cases, 


APPEAL  AND  ERROR,  IV.  f— cont'd 

Liability  of  clerk  of  court  in  accepting  in- 
sufficient appeal  bond.  44  L.R.A. 
(N.S.)    175. 

Premature  executing  of  appeal  bond.  44 
L.R.A.  (N.S.)   1144. 

Condition  in  execution  of  appeal  bond  a? 
to  its  execution  by  another.  45  L.R.A. 
333. 

Power  of  surety  company  to  act  as  surety 
on  appeal  bond.     48  L.R.A.  590. 

Power  of  appellate  court  to  require  new 
supersedeas  or  appeal  bond.  9  L.R.A. 
(^.S.)    1054. 

Effect  of  insertion  of  unauthorized  provi- 
sion in  bond.     L.R.A.1917B,  990. 

§17.  On  error  or  appeal  to  Federal 
Supreme  Court. 

Necessity.     66  L.R.A.  858. 
Requirements  as  to  time.     66  L.R.A.  858. 
When  supersedeas  is  desired.    66  L.R.A. 
858. 
Formal    requisites    in   general.      66    L.R.A. 

sr>9. 

Parties.     66  L.R.A.  859. 

Sureties.     66  L.R.A.  860. 

Acceptance  and  approval.    66  L.R.A.  860. 

Amount.     66  L.R.A.  860. 

New  or  additional  security.    66  L.R.A.  860. 

V.  Record. 

§18.  Generally. 

Filing  record  and  docketing  cause  in  Fed- 
eral Supreme  Court.  66  L.R.A. 
850. 

Disposition  of  appeal  where  without  fault 
of  appellant  the  record  is  lost  or 
incomplete.  25  L.R.A.(N.S.)  860; 
L.R.A.1915B,   353. 

§   19.  What  should  be  shown  by. 

What  record  on  appeal  must  show.  8  L.R.A. 
611. 

Necessity  for  perpetuating  in  record  objec- 
tion, ruling,  and  exception  to  improper 
arguments  by  prosecuting  attorney.  46 
L.R.A.  646. 

§   2  0.  — in  Federal  Supreme  Court. 

What  the  record  must  show  respecting  the 
presentation  and  decision  of  a  Fed- 
eral question  in  order  to  confer 
jurisdiction  on  the  Supreme  Court 
of  the  United  States  of  a  writ  of 
error  to  a  state  court.  63  L.R.A. 
471. 

The  record  for  the  purpose  of  sliowing  juris- 
diction in  the  Supreme  Court  of 
the  United  States  of  a  writ  of  er- 
'  ror  to  a  state  court.  63  L.R.A. 
329. 

§21.  Amendment. 

On  certiorari,  see  Certiorari,  §  6. 
Amendment   of    judicial    records   generally, 
see  Records  and  Recording  Laws,  §  8. 

Power  of  trial  court  to  correct  its  record 
after    appeal    or    writ    of    error.      31 

L.R.A.(N.S.)    207. 


42 


INDEX  TO  L.R.A.  NOTES. 


APPEAL  AND  ERROR,  V.— cont'd 
Amendment   of    record   to    cure   defect    for 
w    ,1  !i  motion  in  arrest  of  judgment  has 
been  made.     67  L.K.A.  185. 
Amendment  of  pleadingn  in  appellate  court 
to  conform  to  proof.    L.R.A.1916D, 
841. 

§  22.  Opinion  as  part  of. 

Opinion  of  the  court  below  as  part  of  the 

record.    15  L.R.A.  798. 
Of  state  court  as  part  of  record  on  review 

in  United  States  Supreme  Court.     63 

L.R.A.  330. 

§  23.  BUI  of  exceptions;  case  made. 
What    bill    of    exceptions    must    show.     8 
L.R.A.  611. 

Mandamus  to'  compel  judge  to  sign  bills 
of  exceptions  after  expiration  of  term. 
36  L.R.A.(N.S.)    1087. 

Death  of  judge  before  signing  bill  of  excep- 
tions as  ground  for  new  trial.  2  L.R.A. 
(N.S.)    1000. 

Presumption  as  to  time  of  alteration  in 
bill  of  exceptions.  39  L.R.A.  (N.S.) 
114. 

§  23a.  —authority  of  judge  pro  tem, 
as  to. 

Whether  certificate  should  be  by  regular 
or  special  judge.    42  L.R.A.  (N.S.)  616. 

Expiration  of  court  term,  vacation  by  spec- 
ial judge  of  bench,  etc.,  as  affecting  his 
authority  to  sign.  42  L.R.A.  {N.S.) 
619. 

Power  upon  rendition  of  judgment  to  allow 
time  for  preparing  and  filing  bill  of 
exceptions  or  case-made.  42  L.R.A. 
(N.S.)   623. 

Power  to  extend  time  given  for  prepar- 
ing or  filing  bill  of  exceptions  or  case 
made.     42  L.R.A. (N.S.)  623. 

§  23b.  Assignment  of  errors. 

§  23c.  —cross  errors. 

Effect  of  cross  errors  on  right  of  appellant 
to  dismiss  appeal  on  writ  of  error. 
L.R.A.1917A,  119. 

VI.  Objections  and  exceptions. 

§  24.  Generally. 

Necessity  of  objection  to  improper  argu- 
ment by  prosecuting  attorney.  46 
L.R.A.  642. 

Necessity  of  objection  to  misstatement  of 
facts  or  statement  of  facts  not  in  evi- 
dence by  counsel  in  arg\unent  to  jury. 
L.R.A.1918D,  41. 

§  21a.  Time  and  place  of  taking. 

For    objection    to    improper    argument    by 

prosecuting  attorney.    4G  L.R.A.  642. 
Time  for  objection  to  service  on  nonresident. 

60  L.R.A.  585. 
Of  objecting  to  omission  of  revenue  stamp 

from  instrument.     48  L.R.A.  318. 
Time   and   manner   of   objecting   to   jurors 

who   have    served    in    same   or    similar 

case.     68  L.R.A.  882. 
Begin  tvith  this  hook  on  every  law  question. 


APPEAL  AND  ERROR,  VI.— cont'd 
When  objection  must  be  made  to  consump- 
tion  of    liquor   by   jury.     L.R.A. 19150^ 
318. 

VII.  Dismissal;  abatement. 

§2  5.  Generally. 

Right  of  appellant  to  dismiss  appeal  or  writ 
of  error.     L.R.A.1917A,  113. 

Dismissal  of  appeal  by  one  joint  defendant 
for  nonjoinder  of  other  joint  defendant 
in  whose  favor  judgment  was  rendered. 
L.R.A.1917D,  676. 

Dismissal  of  appeal  from  decree  in  divorce 
suit  for  failure  to  comply  with  order 
for  payment  of  temporary  alimony, 
suit  money  or  counsel  fees.  51  L.R.A. 
(N.S.)   1119. 

Dismissal  by  court  on  its  own  motion  of 
appeal  by  receiver  not  entitled  to  ap- 
peal.    L.R.A.1915D,  811. 

Dismissal  of  appeal  where  without  fault  of 
appellant  the  record  is  lost  or  incom- 
plete.    L.R.A.1915B,  353. 

Abandonment  or  dismissal  of  appeal  as  a 
breach  of  the  condition  of  an  appeal 
bond.     L.R.A.1915A,  839. 

Effect  of  war  on  appeal  in  suit  in  which 
alien  enemy  is  a  party.     5  B.  R.  C.  589. 

Abatement  of  appeal  by  or  against  ?orpora- 
tion,  by  dissolution  or  expiration  of 
charter.     32   L.R.A. (N.S.)    450. 

VIII.  Hearinaand  determination. 

a.  In  general. 

§26.  Trial  de  novo. 

Right  to  certiorari  where  appeal  is  a  trial 

de  novo.    50  L.R.A.  795. 
Waiver  of   failure  to  serve,  or   defects   in 
service    of    process,    by    an    appeal 
from     justice's     court     to     courta 
whore  trial  must  be  de  novo.     34 
L.R.A.(N.S.)  661. 
Jury  trial  on  appeal  as  satisfying  constitu- 
tional right  to  trial  by  jury.    15  L.R.A. 
441. 
Trial  de  novo  on  appeal  to  court  from  de- 
cision    of     railroad     commission.      49 
L.R.A.  (N.S.)    572. 
Right  of  garnishee  on  trial  de  novo  on  ap- 
peal to  attack  judgment  against  prin- 
cipal defendant  for  lack  of  jurisdiction. 
51  L.R.A.(N.S.)   599. 

§2  7.  Questions  reviewable  generally. 

On  appeal  in  workmen's  compensation  cases. 
L.R.A.1917D,  188. 

Rules  governing  appellate  court  on  applica- 
tion for  bail  in  capital  case.  39  L.R.A. 
(N.S.)  784. 

Decision  as  to  competency  of  children  as 
witnesses.     19  L.R.A.  610. 

Review  of  ruling  on  motion  for  new  trial 
because  of  reading  newspaper  account 
of  trial  by  juror  in  criminal  case.  4ft 
L.R.A. (N.S.)    745. 

Review  of  decision  as  to  disqualification  of 
juror  in  criminal  case  upon  opinion 
gained  from  newspaper  reports.  35 
L.R.A.(N.S.)    1015. 


INDEX  TO  L.R.A.  NOTES. 


A3 


APPEAL  AND  ERROR,  VIII.  a— cont'd 
Bight  to  review  of  order  granting  or  de- 
nying  motion   for   inspection   of   books 
or  papers,  apart  from  an  appeal  from 
final  judgment.     28  L.R.A.(N.S.)    516. 
Keview  by  appellate  court  of  ruling  of  tlio, 
trial   court  on   motion  to  grant  a 
new  trial  in  action  for  bodily  in- 
juries on  ground  of  inadequacy  of 
damages     awarded.       28      L.R.A. 
(N.S.)    130. 

§   28.  —in  Federal  Supreme  Court. 

What  questions  the  Federal  Supreme  Court 
will  consider  in  reviewing  the 
judgment  of  state  courts.  63 
L.R.A.  571. 

§  28a.  Objections  as  to  which  party  is 

estopped. 

Right  of  party  who  invoked  jurisdiction  to 
raise,  on  appeal,  objection  of  lack 
of  jurisdiction.     L.R.A.1916B,  803. 

§  2  9.   Discretionary  matters. 

Refusal  of  continuance  for  illness  of  party. 
42   L.R.A.(N.S.)    662. 

Granting  or  refusing  continuance  to  pro- 
cure witness  who  is  beyond  the  juris- 
diction.     L.R.A.lOiSE,   527. 

When  does  a  refusal  of  an  order  for  physical 
examination  amount  to  an  abuse  of  dis- 
cretion.    15  L.R.A.(N.S.)    663. 

Limitation  of  time  for  argument  of  counsel 
for  accused  as  abuse  of  discretion.  25 
L.R.A.{N.S.)    1027. 

Review  of  ruling  on  motion  for  new  trial 
because  of  reading  of  newspaper  ac- 
count of  trial  by  juror  in  criminal  case. 
46  L.R.A. (N.S.)   745. 

As  to  granting  new  trial  because  of  con- 
sumption of  liquor  by  jury.  L.R.A. 
1915C,  318. 

As  to  granting  new  trial  because  of  im- 
proper argument  of  counsel  to  jury. 
L.R.A.1918D,  45. 

As  to  opening  decree  of  divorce  taken  by  de- 
fault.    L.R.A.1917B,  472. 

§   29a.  Questions  not  raised  below. 

Raising  defense  of  statute  of  frauds  for  first 
time  on  appeal.  49  L.R.A. (N.S.)  29; 
L.R.A.1917B,  1071. 

Raising  objection  of  duplicity  in  indictment 
for  first  time  on  appeal.  49  L.R.A. 
(N.S.)  457. 

Right  of  garnishee  to  raise  question  of  in- 
validity of  judgment  against  principal 
defendant  for  lack  of  jurisdiction  for 
first  time  on  appeal.  51  L.R.A. (N.S.) 
600. 

§  30.  Errors  waived  or  cured  below. 

When  error  in  denying  continuance  for  ab- 
sent witness  cured.  2  L.R.A. (N.S.) 
721. 

Waiver  of  objection  to  testimony  bv  cross- 
examination.     33  L.R.A. (N.S.)  '103. 

Withdrawal  of  refusal  to  charge  and  giving 
requested  charge  in  substance  as  affect- 
ed by  subsequent  refusal  to  charge 
proposition  in  form  originally  pre- 
ferred.    2  L.R.A.(N.S.)    309. 

Consult  also  L.B.A.  Digests  of  Cases. 


APPEAL  AND  ERROR,  VIII.  a— cont'd 

Waiver  of  objection  to  communication  bv 
judge  with  juror  not  in  open  court. 
17  L.R.A.  (N.S.)  614. 

Taking  steps  to  contest  cause  on  the  merit !< 
after  special  appearance  as  waiver  of 
objections  to  jurisdiction  over  the  per- 
son. ]6  L.R.A.  (N.S.)  177;  L.R.A. 
1916E,   1082. 

Effect  of  corrective  instructions  on  mis- 
statement of  facts,  or  statement  of 
facts  not  in  evidence  by  counsel,  in 
argument  to  jury.    L.R.A.1918D,  34. 

§31.  Review  of  facts. 

On  appeal  in  workmen's  compensation  cases. 
L.R.A.1917D,  188. 

Right  of  appellate  court  to  set  aside  find- 
ing of  jury  upon  the  ground  that  it  is 
contrary  to  scientific  principles.  7 
L.R.A.(N.S.)  357;  15  L.R.A.  (N.S.) 
701;  28  L.R.A.  (N.S.)  648;  L.R.A. 
1916B,  301. 

Review  of  findings  in  action  to  have  written 
instrument  importing  an  absolute  con- 
veyance declared  a  mortgage  or  pledge. 
L.R.A. 1916B,  563. 

§  32.  — inadequacy  or  excessiveness  of 
damages. 

Instances  of  excessive  or  inadequate 
amounts,  see  Damages,  §§  64,  65a. 

Inadequacy  of  damages.     47  L.R.A.  33. 

Power  of  appellate  court  to  interfere  with 
verdict  for  excessive  damages. 
26  L.R.A.  384. 

Decision  that  damages  excessive,  effect  on 
second  appeal.     34  L.R.A.  343. 

Rules  guiding  the  courts  on  appeal  in  de- 
termining excessiveness  or  adequacy  of 
verdicts  for  personal  injuries  resulting 
in  death.     L.R.A.1916C,  810. 

Excessive  damages  under  civil  damage  aet 
for  death  through  intoxication.  L.R.A. 
1916D,  943. 

§   33.  —criminal  cases. 

Conviction     on     testimony     of     accomplice 

which  is  self-contradictorv.     21  L.R.A. 

(N.S.)    878. 
Power  to  reverse  conviction  for  insufficiency 

of  evidence  to  sustain  the  verdict.     17 

L.R.A.  484. 
Excessive    sentence.      45    L.R.A.    160;     51 

L.R.A.(N.S.)   373. 

§   34.  —in  Federal   Supreme  Court. 

Questions  of  fact  on  error  from  Fedeviil 
Supreme  Court  to  state  court.  03 
L.R.A.    577. 

h.  What  errors  warrant  reversal. 

§   34a.  In  general. 

Binding  force  of  statute  or  court  rule  not 
to  reverse  for  errors  not  amounting  to 
miscarriage  of  justice.  L.R.A.1918B, 
390. 

§  35.  As  to  evidence  or  witnesses; 
variance. 

Binding  force  of  statute  or  court  rule  not 
to  reverse  for  errors  not  amounting  to 
miscarriage  of  justice.  L.R.A. 1918B, 
390. 


44 


INDEX  IX)  L.R.A.  NOTES. 


APPEAL  AND  ERROR,  VIII.  b— cont'd 
Admission  or  exclusion  of  books  of  account. 

52  J..R.A.  (J  10. 
Refusal  to  itllnw   tross-cxaniination  on  rolo- 
vant  matters  covered  by  examination  in 
cliicf  as  ground  for  reversal.    25  L.R.A. 
(N.S.)    683. 
Variance  as  to  name  of  deceased  as  ground 
for    reversal    in    homicide.      38    L.R.A. 
(N.S.)   187. 
C'onmiitnient  or  holding  of  witness  for  con- 
tempt  or   perjury   during   trial   as 
ground    for    reversal.      43    L.R.A. 
(N.S.)  844. 

8   3  6.  As  to  Instructions. 

Binding  force  of  statute  or  court  rule  not 
to  reverse  for  errors  not  amounting 
to  miscarriage  of  justice.  L.R.A. 1918B, 
390. 

Prejimuial  error  in  instruction  as  to  rela- 
tion of  doctrine  res  ipsa  loquitur  to 
burden  of  proof.     L.R.A.lDKiA,  932. 

Necessity  of  qualifying  by  reference  to  con- 
scious  falsity   an    instruction    under   a 
statute  enacting  the  maxim,  Falsiis  in 
una.    falsus   in   omnibus,   witliout   that  I 
qualification.     29   L.R.A. (N.S.)    680. 

Failure  to  qualify  a  master's  duty  as  to 
places  and  appliances  by  reference  to 
ordinary  care  or  reasonable  safety.  6 
L.R.A.(N.S.)   602. 

§  37.  Argument  or  comment  by  prose- 
cuting; attorney. 

Misstatement  of  facts,  or  statement  of  facts 
not  in  evidence,  by  counsel  in  argument 
to  jury,  as  ground  for  reversal.  L.R.A. 
1918D,  4. 

Reversal  of  conviction  because  of  unfair  or 
irrelevant  argument  or  statements 
of  facts  by  prosecuting  attorney. 
46   L.R.A.   641. 

Comment  on  failure  of  defendant  to  produce 
witness  as  ground  for  reversal  or  new 
trial.      34   L.R.A. (N.S.)    811. 

Reference  by  prosecuting  attorney  in  argu- 
ment to  jury  to  attcTiipts  to  tamper 
witli  witnesses  or  jurvmen  as  ground 
for  reversal.     30  L.R.A. (N.S.)    795. 

Reference  by  prosecuting  attorney  in  argu- 
ment to  jurv  to  result  in  other  case. 
38    L.R.A.  (N.S.)    1130. 

Argument  by  prosecuting  attorney  that  an 
acquittal  woukl  encourage  lynch  law  as 
ground  for  reversal.  51  L.R.A. (N.S.) 
914. 

§  38.  Remarks  or  conduct  of  judge. 

ICiTect  of  ivulgc  eonnnunicating  with  jury, 
not  in  open  court.  17  L.I^.A. (N.S.) 
609;  L.R.A.1916D,  719. 

Intimation  that  a  recommendation  to  mercy 
would  be  entertained  as  ground  for  re- 
versal of  conviction.  40  L.R.A. (N.S.) 
239. 

Rebuking  or  fining  attorney  during  trial  as 
pi'ejudicing  riglits  of  partv.  42 
L.R.A.  (N.S.)    428. 

Admonishing  or  warning  witness  by  judge 
in  criminal  case  as  ground  for  reversal.  I 
L.R.A.miTE.  859. 

Begin  with  this  booTc  on  every  laiv  question. 


APPEAL  AND  ERROR,  VIII.  b— cont'd 

§    3  0.  As  to  jury;  conduct  of  trial. 

Binding  effect  of  statute  or  court  rule  not 
to  reverse  for  errors  not  amounting  to 
miscarriage  of  justice.  L.R.A.1918i', 
390. 

Effect  upon  conviction  of  failure  to  give 
accused  an  opportunity  to  plead.  45 
L.R.A.  (N.S.)    ()04. 

Disqualification  of  a  part  of  the  participat- 
ing judges.     L.R.A.iniSD,  244. 

Prejiulieial  error  in  examination  of  jurors 
as  to  connection  witli  casualty  or  in- 
demnity company  in  action  against  one 
insured  or  indenuiilied  by  such  com- 
pany.    L.K.A.lOloA,  153. 

Mistake  as  to  name  of  .juror  as  ground  for 
reversal.  47   L.R.A.(N.S.)    717. 

Effect  of  failure  to  swear  jury.  L.R.A. 
1917D,  399. 

Employment  of  person  to  watch  jury  to 
guard  against  tlieir  being  tampered, 
with.  48  L.R.A. (N.S.)   540. 

View  by  jurv.  42  L.R.A.  391;  L.R.A. 
1915B,'  703. 

Coercion  of  disagreeing  jury.  16  L.R.A. 
643. 

Riglit  to  reversal  wliere  jury  disregard  er- 
roneous instructions.  21  L.R.A.  (N.S.) 
852. 

Treating  jurors  as  ground  for  reversal.  19 
L.R.A.  (N.S.)  733;  49  L.R.A.  (N.S.) 
889. 

Consumption  of  liquor  by  jury  as  ground 
for  new  trial  or  reversal.  L.R.A. 
i!)l5C,  302. 

Effect  of  jury  in  criminal  case  hearing 
speech  or  address  out  of  court  on  sub- 
ject related  to  issues  before  them.  38 
L.R.A.  (N.S.)    1116. 

Effect  of  misconduct  of  spectator  during 
criminal   trial.     L.R.A.1918E,   959. 

Placing  manacles  upon  prisoner  as  ground 
of  reversal  of  conviction.  39  L.R.A. 
824. 

§  40.  As  to  findings,  verdict,  or  judg- 
ment. 

Excessive  damages  as  ground  for  reversal. 
26   L.R.A.  391,  398. 

Inadequacy  of  damages  as  ground.  47 
L.R.A.  33. 

Excessive   sentence   as   ground   of   reversal. 
45  L.R.A.   150;    51   L.R.A. (N.S.)    381. 
IX.  Jttdgment  on  appeal, 
a.  In  general. 

§41.  Generally. 

Effect  of  appellant's  dismissal  of  appeal  on 
judgment.     L.R.A.1917A,  120. 

Power  of  reviewing  court  to  dismiss  prose- 
cution.    35  L.R.A.  716. 

Form  and  extent  of  relief  in  case  of  ex- 
cessive sentence.  45  L.R.A.  150;  51 
L.R.A.  (N.S.)    381. 

Reversal  of  judgment  as  against  some  per- 
sons sued  as  joint  tort  feasors,  without 
reversing  as  to  others.  27  L.R.A. (N.S.) 
212. 

Power  of  appellate  court  to  resentence  for 
lower  degree  on  reversal  of  conviction 
for  homicide  for  higher  degree.  21 
L.R.A,  (N.S.)   20. 


INDEX  TO  L.R.A.  NOTES. 


45 


APPEAL  AND  ERROR,  IX.  a— cont'd 

May  judgment  against  two  or  more  tort 
feasors  be  set  aside  as  to  some  and  al- 
lowed to  stand  as  to  the  rest.  L.R.A. 
1918C,  970. 

Constitutional  power  of  appellate  court, 
upon  reversing  judgment  for  plaintiff 
on  verdict,  to  direct  a  judgment  for  de- 
fendant witliout  remanding  the  case  for 
a  new  trial.     2  L.R.A.  (N.S.)   302. 

Power  to  limit  the  issues  in  granting  new 
trial.     L.R.A.1915E,  239. 

Power  of  court  to  make  a  reduction  of  dam- 
ages a  condition  of  refusing  a  new  trial 
of  an  action  for  unliquidated  damages 
without  consent  of  defendant.  6  B.  R. 
C.  10. 

b.  Cost8. 

§  42.  Generally. 

Costs  where  appellant  dismisses  appeal. 
L.R.A.1917A,  120. 

Right  of  executor  or  administrator  to  ap- 
peal in  forma  pauperis.    68  L.R.A.  418. 

Liability  for  costs  on  appeal  from  award  in 
condemnation  proceedings.  36 
L.R.A. (N.S.)    624. 

Liability  of  indemnitor  for  costs  of  success- 
ful appeal  by  party  indemnified.  L.R.A. 
191 5F,  598. 

c.  Effect   of  decision;   subsequent   pro- 
ceedings. 

§  43.  Generally. 

Reversal  of  judgment  on  appeal  or  error 
by  one  joint  defendant  as  affecting  oth- 
er joint  defendant  in  whose  favor  judg- 
ment below  was  rendered.  L.R.A.1917D, 
674. 

Acquittal  or  discharge  on  appeal,  as  evi- 
dence of  want  of  probable  cause  for 
prosecution.     64  L.R.A.   480. 

Reversed  conviction  as  evidence  of  probable 
cause  defeating  action  for  ma- 
licious prosecution.  L.R.A.]  916F, 
196. 
Reversed  conviction  by  magistrate  or 
justice.      34   L.R.A.  (N.S.)    958. 

Effect  of  judgment  rendered  on  appeal  after 
death  of  partv  without  revivor.  4] 
L.R.A.  (N.S.)    1053. 

Effect  of  reversal  upon  previous  judicial 
sale.     21   L.R.A.  .->2. 

Effect  of  prior  decision  on  statutory  new 
trials  in  real  actions.     40  L.R.A.  825. 

Reversal  on  merits  without  remanding  as  a 
bar  to  a  new  action.  30  L.R.A. (N.S.) 
377. 

Effect  on  conviction  of  failure  to  give  ac- 
cused '  an  opportunitv  to  plead  after 
reversal.     13   L.R.A.  (N.S.)    814. 

Right  to  amend  pleadings  after  final  deci- 
sion on   appeal.     18  L.R.A.  (N.S.)    263. 

Bill  of  review  because  of  newly  discovered 
evidence  after  affirmance  or  reversal 
by  appellate  court.  4  L.R.A. (N.S.) 
865;    30   L.R.A. (N.S.)    1030. 

Effect  of  cunuilative  sentences  in  case  of 
reversal  of  iirst  conviction.  7  L.R.A. 
(N.S.)    128. 

Consult  also  L.R.A.  Digests  of  Cases. 


APPEAL  AND  ERROR,. IX.  c— cont'd 

Liability  for  tort  in  doing  acts  autliorizeJ 
bv  subsisting  judgment  which  is  after- 
wards reversed.  45  L.R.A.  800;  40 
L.R.A.  (N.S.)    1197. 

Judgment  affirming  a  nonsuit  as  the  law  of 
the  case.  48  L.R.A. (N.S.)   464. 

§  44.  On  later  appeal. 

Conclusiveness  of  prior  decisions  on  subse- 
quent appeals.     34  L.R.A,  321. 

§  4  4a.  Restitution. 

Refusal  to  restore  money  or  property  se- 
cured under  judgment  subsequently  re- 
versed or  set  aside  as  contempt.  39 
L.R.A. (N.S.)    nOO. 

Measure  of  restitution  where  property  is 
sold  imder  a  judgment  or  order  subse- 
quently reversed  without  intervening 
supersedeas  or  stay.  L.R.A.1917C, 
1179. 

X.  Rehearing. 

§  45,  Generally. 

Petition  for  rehearing  as  part  of  record  of 
state  court  on  review  in  the  United 
States  Supreme  Court.     63  L.R.A.  333. 

XI.  Liability  on  appeal  bond, 

§  4  6.  Generally. 

Matters  as  to  bond  generally,  see  «upra, 
§§  16,  17. 

Sureties  on  bond  in  Federal  Supreme  Court, 
66  L.R.A.  860. 

Who  is  real  party  in  interest,  who  must 
bring  action  on  appeal  bond,  64  L.R.A. 
605. 

Compromise  or  consent  to  affirmance  as 
affecting  liability  of  surety  upon  appeal 
bond.      43    L.R.A.  (N.S.)     1040. 

Liability  of  sureties  on  appeal  bond  where 
judgment  is  in  favor  of  one  principal 
and  against  another.  51  L.R.A. (N.S.) 
656. 

Abandonment  or  dismissal  of  appeal  as  a 
breach  of  the  condition  of  an  ap- 
peal bond.     L.R.A. 1915A,  SW. 

When  discharge  of  principal  in  bankruptcy 
will  release  surety  on.  14  L.R.A. (N.S.) 
510. 

Right  of  sureties  on  appeal  or  supersedeas 
bond  to  look  to  sureties  on  prior  bond 
of  same  principal,  6  L.R.A.  (N.S.) 
1021;  L.R.A.1918D,  1192. 

Effect  of  delivery  of  bond  unsigned  by  prin- 
cipal   obligor.      12    L.R.A.  (N.S.)'   1118. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  bond.     L.R.A.  191 7B,  990. 

Effect  of  dismissal  of  appeal  by  appellant. 
L.R.A.1917A,  120. 

Form  of  judgment  on  appeal  bond.  62 
L.R.A.  442. 

Effect  upon  surety  on  appeal  bond  of  judg- 
ment against  principal.  40  L.R.A. 
(N.S.)    741:    L.R.A.1918E,  819. 

Presumption  as  to  time  of  alteration  in  ap- 
I'cal  bond.     39  L.R.A.  (N.S.)    115. 

Penaltv  as  limit  of  liabilitv  on  app«^al  bond. 
55  L.R.A.  387, 


46 


INDEX  TO  L.R.A.  NOTES. 


APPEAL  AtJD  ERROR— cont'd 

XII.  Effect  of  danger  of. 

§   4  7.  Generally. 

On  marketability  of  title.    38  L.R.A. (N.S.) 
15. 


APPEAIi  BOND. 

See  Appeal  and  Ebbob,  §§  16,  17,  46. 
.  ♦»» 


APPEARANCE3. 


§  1.  Generally. 

Authority  of  attorney  to  appear  in  action, 
see  AttoBneys,  §  15. 

Right  of  witness  to  express  an  opinion  as 
to  appearance  of  person  or  object. 
L.R.A.1918A,  668. 

By  appellee  or  defendant  in  error  in  Feder- 
al Supreme  Court.    66  L.R.A.  853. 

FiU,ng  bond  to  secure  release  of  seized  prop- 
•  erty  as  an  appearance.  L.R.A.1916F, 
587. 

§  2.  Effect  of. 

Effect  of  appearance  by  nonresident  in  di- 
vorce suit,  see  Divorce  and  Sepaba- 
TION,  §  12. 

As  an  admission  or  waiver  by  a  fiduciary. 
32  L.R.A.  681. 

On  right  to  injunction  against  judgment. 
31  L.R.A.  211. 

Taking  steps  to  contest  a  cause  on  the  mer- 
its after  a  special  appearance,  as  waiv- 
er of  objections  to  jurisdiction  over 
the  person.  16  L.R.A.  (N.S.)  177; 
L.R.A.1916E,  1082. 

Appearance  of  claimant  in  garnishment  pro- 
ceedings as  relieving  garnishee  of  duty 
to  protect  his  rights.  L.R.A.1918B, 
10.68. 

Appearance  by  counsel  on  charge  of  misde- 
meanor as  satisfaction  of  condition  of 
bail  bond  or  recognizance.  27  L.R.A. 
(N.S.)  943. 

Waiver  of  lack  of  or  defects  in  service  of 
process  by  special  appearance  on  appeal 
from  justice's  CQurt.  34  L.R.A.  (N.S.)  i 
664. 

Judgment  on  voluntary  or  collusive  appear- 
ance as  bar  to  subsequent  prosecution. 
.    L.R.A.1918A,  1181. 

§  3.  —  unauthorized  appearance. 

Effect  of  judgment  on,  see  Judgment,  §  24. 

Effect  of  judgment  obtained  on  unauthor- 
ized appearance  by  attorney.  21  L.R.A. 
848. 

Effect  of  failure  to  object  before  judgment 
to  unauthorized  appearance  by  an  at- 
torney, upon  right  to  relief  from  judg- 
ment.   L.R.A.1918B,  899. 

§   4.  —gaining  jurisdiction   by. 
Acquiring  jurisdiction  over  foreign  corpora- 
tion by,     70  L.R.A.  536. 


APPEARANCE— cont'd' 

Effect  of,  by  nonresident  to  give  jurisdiction 

of  divorce  case.     23  L.R.A.  287. 
Effect  of,  upon  local  jurisdiction  of  action 

against  foreign  corporation.    70  L.R.A. 

701. 

§  5.  Withdrawal  of. 

Power  of  defendant's  attorney  to  witlidraw 
answer  or  appearance  and  permit  de- 
fault judgment.    33  L.R.A.  515. 


APPENDICITIS. 


Effect  of,  on  recovery  for  negligent  injury 
to  person.     48  L.R.A.(N.S.)  97. 


APPLIANCES. 


Master's  duty  as  to  safety  of,  see  Master 
and  Sebvant,  III.  a,  6. 


APPLICATION. 


Of  deposits,  see  Banks,  §§  17-19. 
For  insurance,  see  Insurance,  V.  b. 
Of  payments,  see  Payments,  §§  20-22. 


APPOINTMENT. 


Of  personal  representative,  see  Executobs 
AND  Administbatobs,  §§  3-7. 

Of  guardian,  see  Guardian  and  Wajbd, 
§§  2-4. 

To  office,  see  Municipal  Corpobations,  § 
115;  Officers,  §§  10-14. 

Of  receiver,  see  Receivebs,  §§  2-10. 

Of  school  teacher,  see  SciiooLS,  §  15. 

Power  of,. see  Powers. 

Constitutionality  of  statute  permitting 
court  to  appoint  expert  witnesses.  33 
L.R.A.(N.S.)  917. 


Begin  uHth  this  booh  on  every  law  question. 


APPORTIONMENT. 

§    1.  Generally. 

Of    election    districts,    see    Election    Dis 

tbicts. 
Between    insurance  companies,    see  Insub* 

ANCE,    §    200. 

Of  assessment  for  public  improviements,  see 
Public  Improvements,  §§  24-26. 

Of  grand  jurors.     28  L.R.A.   198. 

Of  rents  of  intestate's  property.  40  L.R.A. 
340,  345. 

Effect,  on  transfer  tax,  of  apportioning 
property  of  nonresident  decedent  with- 
in state  to  payment  of  debts  or  legacies 
which  are  exempt  or  subject  to  a  re- 
duced rate.    18  L.R.A. (N.S.)  946. 


INDEX  TO  L.R.A.  NOTES. 


47 


APPORTIONMENT— cont'd 
Apportionment  of  taxes  which  covenant  in 

lease   requires   tenant   to   pay.     L.R.A. 

1915A,  360. 

§  2.  Of  income  or  dividends. 

Of  annuity,  see  Annuity,  §  2. 

Apportionment    of    income    upon    death    of 
life    beneficiary    between    distribu- 
tion periods.    27  L.R.A.  (N.S.)  449. 
Of    dividends    on    transfer    of    stock.      45 

L.R.A.  396;  L.R.A.1917B,  326. 
Of  dividends   or   distributions  between   life 
tenant  and   remainderman.     12   L.RA. 
(N.S.)   768;  50  L.R.A. (N.S.)   510. 


APPRAISAIi. 


151, 


Of  insurance  loss,  see  Insubance, 
152. 

Of  valuation  of  property  of  public  service 
corporation,  see  Public  Service  Corpo- 
rations,  §  5. 

For  purpose  of  succession  tax,  see  Taxes, 
§  102. 

Irregularity  in,  as  ground  for  injunction 
against  judicial  sale.      30   L.R.A.   139. 

Estoppel  of  one  acting  as  appraiser  upon 
sale  as  property  of  another,  to  set  up 
title  as  against  purchaser.  48  L.RA. 
.    (N.S.)    758. 

Specific  performance  of  provisions  for  ap- 
praisal of  property  preliminary  to  exer- 
cise of  option.     L.R.A.1917C,  813. 


APPRECIATION. 


Appreciation  in  value  of  capital  assets  as 
fund  distributable  as  dividend  with- 
out reference  to  losses.  1  B.  R.  C. 
965. 


APPREHENSION. 


As  element  of  damages  for  injury  by  dog. 
37  L.R.A.(N.S.)  866. 


APPRENTICES. 


Effect  of  death  on  contract  of.  23  L.R.A. 
707. 

Proprietary  interest  of  master  in  earnings 
of.     5  L.R.A. (N.S.)    1154. 

Damages  recoverable  in  action  by  master 
for  injury  to.     32  L.R.A. (N.S.)   .38. 

Duty  to  furnish  medical  aid  to.  28  L.R.A. 
555;  4  L.R.A. (N.S.)   49. 

Effect  of  failure  to  provide  medical  attend- 
ance for,  to  render  master  guilty  of 
manslaughter.     6   L.R.A. (N.S.)    685. 

Homicide  bv  excessive  chastisement  of.  60 
L.R.A.  '804. 

Consult  also  L.R.A.  Digests  of  Cases. 


APPROACHES. 

§  1.  Generally. 

Duty  of  carrier  as  to,  see  Cabbiers,  §§  70- 
72. 

Injunction  to  protect  approach  to  burial 
ground.     3  L.R.A. (N.S.)   483. 

Compensation  for  making,  as  element  of 
damages  for  laying  out  street  across 
railway  propertv.  24  L.R.A.  (N.S.) 
1233, 

Duty  of  street  railway  as  to  condition  of 
approaches  to  cars.  32  L.R.A. (N.S.) 
881;  48  L.R.A.(N.S.)  974. 

§  2.  To  bridge. 

Approaches  of  a  bridge  as  part  of  it.  20 
L.R.A.  416. 

To  bridge,  liability  of  county  for  torts  and 
negligence  as  to.     39  L.R.A.  33. 

Liability  of  county  or  town  for  injury  by 
unguarded  approach.  42  L.R.A. (N.S.) 
275;  L.R.A.1915F,  975. 

Rights  and  duties  of  toll  bridge  proprietors 
as  to.     .30  L.R.A.  (N.S.)   362. 

Municipal  liability  for  injury  to  abutting 
owner  from  approach  to  bridge  under 
constitutional  provision  against  "dam- 
aging" private  property  for  public  use 
without  compensation.  36  L.R.A. 
(N.S.)   1198. 


APPROPRIATIONS. 

§    1.  Generally. 

Of  property  for  public  purpose,  see  Eminent 

Domain,  §§  9-23. 
Of  payments,  see  Payments,  §§  20-22. 
For   what   purposes   public   money   may  be 

appropriated,  see  Public  Money,  §  4; 

Taxes,  §  13. 
By  town,  see  Towns,  §  6. 
Of  water,  see  Waters,  §§  80-91. 

Necessity  and  .sufficiency  of  reference  in 
title  of  statute  to  appropriations  to  put 
its  purpose  into  effect.  L.R.A.1917B, 
812.. 

Self-executing  constitutional  provision  as 
to.     16  L.R.A.  285. 

Agreement  to  accept  less  then  amount  of  ap- 
propriation. 36  L.R.A.(N.8.)  244; 
L.R.A.1917B,  190. 

Validity  of  statute  or  ordinance  authoriz- 
ing ajjpropriation  of  money  for  two 
or  more  purposes.  14  L.R.A. (N.S.) 
519. 

§  2.  Necessity  and   requisites  of. 

Requisites  of  appropriation  for  official  sal- 
ary or  expenses.  16  L.R.A. (N.S.)  631: 
27  L.R.A.(N.S.)  537;  49  L.R.A. (N.S.) 
67. 


APPROVAI/. 

See  also  Satisfaction. 


48 

APPROVAL— cont'd 

Of    Ijond    in    Federal    Supreme    Court.      6G 

L.R.A.  860. 
Remedies  of  parties   under  a  contract  for 

the    sale    of    an    article    on    approval. 

L.R.A.1918B,  873. 


li^DEX  TO  L.R.A.  NOTES. 


APPURTENANCES. 

Easements  as,  see  Easements,  §§  10-15. 

Personal  property  passing  as  appurtenance, 
see  Personal  Pbopebiy,  §  3. 

What  passes  as  appurti-naiit  to  sale  of  per- 
sonalty, see  Sale,  §  8. 

Ponds  as.    58  L.R.A.  489. 

Corporeal  appurtenances  to  realty.  15 
L.R.A.  652. 

Taking  of  land  for  appurtenances  for  rail- 
road as  a  public  use.  22  L.R.A.  (N.S.) 
122. 

What  are  articles  included  in  such  general 
terms  as  appurtenances  and  the  like 
employed  in  cliattel  mortgage.  46 
L.R.A.(N.S.)    206. 


AQUEDUCT. 

As  an  appurtenance.     15  L.R.A.  653. 


ARBITRATION. 


§  1.  Generally. 

Of   infant's   cause  of  action,   see  Infants. 

§  33. 
Of  insurance  loss,  see  Insurance,  §§  151, 

152. 

Claims  against  building  and  loan  asso- 
ciation.    35   L.R.A.  294. 

Arbitration  of  infant's  cause  of  action.  70 
L.R.A.  170. 

Provision  for,  in  workmen's  compensation 
act.     L.R.A.1916A,  174. 

EflFect  of  prior  arbitration  in  determining 
compensation  to  be  paid  public  utility 
company  upon  taking  its  plant.  47 
L.R.A.(N.S.)    788. 

§  2.  Submission  to;  agreements  for. 

Arbitration  agreements,  their  validity  and 
binding    force.      47     L.R.A.  (N.S.) 
337. 
Kffcct  of  submission  to,  on  account  stated. 

27  L.R.A.  818. 
Validity  of  rule  of  board  of  trade  requir- 
ing submission  of  disputes  to.    2  L.R.A. 
(N.S.)   672. 

§   3.  — revocation   of   submission. 

General    right    of    revocation.      47    L.R.A. 

(N.S.)   400. 
When    stipulated    to    be    irrevocable.      47 

L.RJ^.(N.S.)  402. 
Snlmissions  made  rules  of  court.    47  L.R.A. 

(N.S.)   403, 


Begin  with  this  hook  on  ewcj-y  lair  question. 


ARBITRATION— cont'd 

Submissions  of  preliminary  and  collateral 
questions.    47  L.R.A. (N.S.)  404. 

Revocability  as  affected  by  statute.  47 
L.R.A.(N.S.)    405. 

Implied  revocations.     47  L.R.A. (N.S.)   406.. 

Revocation  as  affected  by  the  consideration 
for  the  submission.  47  L.R.A. ( N.S. ), 
406. 

Bringing  suit  before  award  as  revocation 
of  submission  to  arbitration.  31  L.R.A. 
(N.S.)    679. 

Right  of  arbitrators  to  rehear,  or  of  a  par- 
ty to  revoke  submission,  wiiero  award  is 
not  coextensive  with  the  submission. 
18  L.R.A.(N.S.)    1247. 

Right  to  withdraw  from  arbitration  under 
a  submission  by  rule  or  order  of 
court.     43  L.R.A.(N.S.)    711. 

§  Sa.  —  breach  6f  agreement  to  arbi- 
trate. 

Breaches  of  agreements  to  arbitrate.  47 
L.R.A.(N.S.)    408. 

Effect  upon  character  of  sum  agreed  upon 
for  breach  of  agreement  as  penalty  or 
liquidated  damages,  of  single  or  multi- 
ple stipulations  in  contract.  L.R.A. 
191 6E,  388. 

§   4.  Arbitrator;  umpire. 

Right  of  woman  to  hold  office  of  arbitra- 
tor.    38  L.R.A.  210. 

Characteristics  and  qualifications  of  arbi- 
ters.    47  L.R.A. (N.S.)   340. 

Powers  and  functions  of  arbitrators  under 
workmen's  compensation  act.  L.R.A. 
1916A,  177. 

Appointment  and  remuneration  of  arbitra- 
tors under  workmen's  compensation 
act.  L.R.A.1916A,  111. 

Necessity  of  notice  of  appointment  of  um- 
pire or  third  arbitrator,  and  of  pro- 
ceedings before  him.  19  L.R.A. (N.S.) 
696. 

§   4a.  —personal   liability   of. 

Arbitrator    chosen    by    both     parties.      42 

L.R.A.(N.S.)    277. 
Arbitrator  selected  by  one  party.    42  L.R.A. 

(N.S.)  282. 

§   5.  Award. 

Provision  in  contract  for  conclusiveness  of 
decision  of  person  appointed  arbitrator, 
see  Contracts,  §  142. 

Effect  on  contract  of  leaving  price  depend- 
ent on  amount  of  award.  53  L.R.A. 
294. 

Validity  of  award  under  parol  submission 
involving  title  to  real  property.  22 
L.R.A. (N.S.)   716. 

Effect  of  award  upon  claim  arising  o\\i  of 
illegal  transaction.     58  L.R.A.  181. 

Awards  after  revocations.  47  L.R.A. (N.S.) 
441. 

Need   of  unanimity.     47   L.R.A. (N.S.)    442. 

Finalitv.     47  L.R.A. (N.S.)   442. 

Enforcement.     47  L.R.A.  (N.S.)    445. 

Enforcement  of  awards  and  agreem^nt8■ 
under  workmen's  compensation  acts. 
L.R.A. 191GA,  188. 


INDEX  TO  L.R.A.  MOTES. 


49 


ARBITRATION— cont'd 

Effect  upon  character  of  sum  agreed  upon 
for  failure  to  keep  arbitration  award 
as  penalty  or  liquidated  damages  of 
single  or  multiple  stipulations  in  con- 
tract.    L.R.A.1915E,  388. 

§    6.  —  I'clief    iroiu;    setting    aside. 

[Setting  aside  award   in   condemnation   pro- 
ceedings, see  EmIjNEM  Domai.s,  §  iio. 
Effect  of  mibtaice,  see  Mistake,  §  lo. 

Right  of  arbitrators  to  rehear  or  of  a  par- 
ty to  revoke  submission,  where  award 
is  not  coextensive  witli  submission. 
18L.R.A.(N.S.)  1247. 

Appeal  from  award  of  arbitrators  under 
workmen's  compensation  act.  L.R.A. 
iUiUA,  178. 

Annulling  award  by  arbiters.  47  L.R.A. 
tN.b.)    445. 

♦-•-♦ 


ARBITRATORS. 

See  Akbitbaiion,  §§4,  4a. 


ARCHITECTS. 


(.ertificate   of,  see   CoiNTBActs,   §§   140-142. 
Eicense  of,  see  License,  §  21. 
Meclianics'  lien  for  services  of,  see  Mechan- 
ics' Liens,  §  13. 

Authority  of,  to  contract  for  services  of 
other  persons.  L.R,A.1918F,  72,  75, 
77. 

As  independent  contractors.  65  L.R.A.  465; 
17   L.R.A.(N.S.)    374. 

Regulation  of  architects.  36  L.R.A. (N.S.) 
1203, 

Right  to  mechanics'  lien  for  labor  or  mate- 
rial furnished  on  order  of  arcliitect  be- 
fore abandonment  of  contract  by  con- 
tractor.    20   L.R.A.(N.S.)    80. 

Architect's  underestimate  of  cost  of  struc- 
ture as  basis  of  a  claim  or  defense 
against   him.     42   L.R.A.(N.S.)    125. 

Waiver  by,  of  stipulation  in  building  con- 
tract that  alterations  or  extras  must  be 
ordered  in  writing.  48  L.R.A. (N.S.) 
582,  590,  595. 

Right  of  architect  in  plans  prepared  by  him. 
3  B.  R.  C.  464. 

Liability  of  architect  to  owner  in  regard  to 
plans.     L.R.A.1918D,  893. 

Liability  of  architect  or  engineer  for  neg- 
ligence in  issuing  certificates.  4  B.  R. 
C.  859. 


AREA. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  688. 


ARE  A  WAYS. 

In  sidewalk,  sec  Highways,  §§  14,  62. 

§    1.  Rental  for. 

Power  of  municipalitv  to  exact  fee  or  rental 

for.     31  L.R.A.  (N.S.)    868. 
Consult  also  L.R.A.  Digests  of  Cases. 


AREAW  AYS— cont'd 
§  2.   Liability    as    to. 

Municipal  liabilitv  for  injury  bv.  61  L.R.A. 
583;  7  L.R.A. (N.S.)  424';  19  L.R.A. 
(N.S.)  516;  20  L.R.A. (N.S.)  635;  43 
L.R.A.(N.S.)    1116. 

Liability  of  landlord  to  third  persons  for 
condition  of.  23  L.R.A.  157;  26  L.R.A. 
198;   50  L.R.A.  (N.S.)    305. 

Liability    of    abutting    owner    for    failure 
to  guard  opening  in  sidewalk  for  com 
mereial  purposes  while  in  use  bv  third 
person.     11  L.R.A. (N.S.)   993. 

Employer's  liability  for  negligence  of  inde- 
pendent contractor  in  coii.struction  of 
area  under  footpath.    65  L.R.A.  846. 


ARGARIC. 


Judicial  notice  of  intoxicating  character  of, 

48  L.R.A. (N.S.)    316. 


ARGUMENT. 


Of  counsel,  see  Appeal  and  Ebbob,  §  37; 
Tbial,  §§  15-17. 


♦  >» 


See  Weapons. 


ARMS. 


^•» 


ARMY    AND    NAVY. 

§   1.  Generally. 

As  to  militia,  see  Militia. 

Secretary  of  Navy,  see  Secretaby  OF  Navy. 

Use  of  municipal  funds  to  provide  soldiers, 
14   L.R.A.   476. 

Exemption  of  consul  from  military  service. 
45  L.R.A.  587. 

Occupation  of  premises  by  persons  in  Army. 
4  L.R.A.(N.S.)  714,  719,  725. 

Rights  of  master  in  earnings  of  servant  who. 
has  enlisted  in  Army.  5  L.R.A. (N.S. ) 
1169. 

Purchase  of  substitute  for  husband  in  army 
as  a  family  expense  or  necessary  with- 
in statute  rendering  wife  or  her  prop- 
erty liable  therefor.    L.R.A.1917F,  864. 

Civil  and  criminal  responsibility  of  soldiers. 
L.R.A. 1915A,   1141. 

Power  of  state  under  Federal  Constitution 
to  legislate  with  respect  to  army  and 
navy.     L.R.A.1918C,  307. 

Validity  of  statute  making  military  service 
compulsory.     7  B.  R.  C.  593. 

Decisions  under  the  Espionage  Act  of  June 
1!5,  1917.     L.R.A.1918F,  410. 

Court  decisions  under  Selective  Service  Act 
of  May   18,   1917.     L.R.A.1918E,   1018. 

Exclusion  of  seditious  matter  from  the 
mails  under  the  Espionage  Act.  L.R.A. 
1918C,  89. 

§   2.  Enlistment  of  infant. 

Enlistment  of  minor  without  parent's  con- 
sent in  army,  navv,  or  militia.  39- 
L.R.A.(N.S.)    454* 


4 


50 


INDEX  TO  L.R.A.  NOTES. 


ARMY  AND  NAVY— cont'd 

Right  of  minor  unlawfully  enlisted  in  Army 

or  Navy  to  discharge  on  liabeas  corpus 

from  custody  of  court-martial  on  chargi? 

of  desertion   or   fraudulent   enlistment. 

18     L.R.A.(N.S.)     956;     L.R.A.1917D, 

1069. 


ARRAIGNMENT. 

See  Criminal  Law,  §  55. 


ARREARS. 


In  instalment  due  on  mortgage,  see  Mobt- 
CAGE,  §  65. 

Of  dividends  on  preferred,  guaranteed,  and 
interest-bearing  stocks.    27  L.R.A.  147. 


ARREST. 

§  1.  Generally. 

Of  judgment,  see  Arrest  of  Judgment. 

Of  passenger,  see  Cabbiebs,  III.  f. 

Release  from,  on  bail,  see  Bail  and  Recog- 
nizance. 

Escape  from,  see  -Escape. 

Reward  for,  see  Reward. 

Privilege  from,  see  Writ  and  Pbocess, 
§§  30-37. 

Swearing  out  warrant  of,  as  condition  pre- 
cedent to  action  on  burglary  insur- 
ance policy.     46  L.R.A.(N.S.)   567. 

Order  of,  as  condition  of  right  to  body 
execution.     L.R.A.1915A,  706. 

Arrest  of  witness  as  contempt  of  court. 
L.R.A.1915D,  569. 

Validity  of  marriage  under  compulsion  of 
arrest  or  imprisonment.   43  L.R.A.  816. 

First  and  last  days  in  computing  time  on. 
49  L.R.A.  223. 

Robbery  by  officers  after  making,  1  L.R.A. 
(N.S.)   1024. 

Complaint  or  information  based  on  infor- 
mation and  belief  as  basis  for  issuance 
of.  warrant  or  for  examination  prelimi- 
nary thereto.  10  L.R.A. (N.S.)  159; 
25  L.R.A.(N.S.)   60. 

Arrest  of  person  as  a  condition  of  an  ac- 
tion for  the  malicious  prosecution  of  a 
civil  action.     L.R.A.1918D,  550. 

Right  to  have  record  of  arrest  canceled. 
L.R.A.1917E,  777. 

§  2.  Right  to  make. 

Power  of  governor,  in  exercise  of  power  to 
suppress  insurrection,  to  authorize  ar- 
rest and  detention  of  persons  witliout 
turning  them  over  to  the  civil  authori- 
ties.    12  L.R.A. (N.S.)   979. 

§  3.  —without  warrant. 

For  breach  of  the  peace,  see  Breach  of  the 

Peace,  §  2. 
Begin  with  this  hook  on  every  law  question. 


ARREST— cont'd 

Right  of  private  persons  to  make  or  cause 
arrest  without  warrant.    7  B.  R.  C.  679. 

Arrest  without  warrant  of  woman  soliciting 
or  accosting  men.     L.R.A.1917D,  697. 

Right  of  officer  to  arrest  without  a  war- 
rant one  using  abusive  language  to- 
ward him,  or  interfering  with  him  in 
the  performance  of  his  duty.  13  L.R.A. 
(N.S.)    881. 

Necessity  to  prevent  escape,  as  condition  of 
right  to  make  arrest  without  a  war- 
rant.    2  L.R.A. (N.S.)    730. 

Innocence  of  one  arrested  as  affecting  right 
to  arrest  without  a  warrant,  under  a 
statute  authorizing  such  an  arrest 
when  the  ofTender  shall  be  taken  or 
apprehended  in  the  act,  etc.  34  L.R.A 
(N.S.)    1182. 

Right  of  peace  officer  to  enter  dwelling  to 
make  arrest  without  warrant.  16 
L.R.A.  500. 

§  4.  How  made,  rights  and  powers  of 
person  making. 

Right  of  peace  officer  to  enter  dwelling  to 

make  arrests.     16  L.R.A.  500. 
What  informa.tion  is  an  accused  person  en- 
titled to  at  the  time  of  his  arrest. 
42  L.R.A.  673. 
Right  of  surety  on  bail  bond  to  pursue  prin- 
cipal  into   another   state   for   the  pur- 
pose of  arresting  him.     14  L.R.A.  605. 

§   5.  —homicide  in  making. 

See  Homicide,  §  12. 

§  6.  Liability  for  malcing. 

As  to  liability  for  making,  see  infra,  §  6. 
Liability  of  carriers,  see  Carriers,   §§   16, 

15a. 
Master's  liability  for  arrest  by  servant,  see 

Master  and  Servant,  §  173. 
Liability  for  wrongfully  makin-  generally, 

see  False  Imprisonment. 

Liability  of  officer  who  uses  criminal  proc- 
ess to  collect  a  debt.  24  L.R.A. (N.S.) 
•   301. 

Liability  of  peace  officer  or  his  bond  for 
shooting  a  person  while  attempting  to 
arrest  him.     51  L.R.A.(N.S.)   1179. 

Liability  of  principal  for  false  arrest  by 
agent  authorized  to  collect  a  debt.  51 
L.R.A. (N.S.)  471. 

§  7.  Resisting. 

Escape  from  arrest,  see  Escape. 

What  constitutes  resistance  to  arrest.  24 
L.R.A.  (N.S.)    199. 

Evidence  of  resisting  arrest  to  show  motive 
for  crime.     62   L.R.A.  211. 

Right  of  officer  to  arrest  without  warrant 
one  interfering  with  him  in  the  per- 
formance of  his  duty.  13  L.R.A.(N.S.) 
881. 

8  8.  — crime  while  resisting. 

Homicide,  see  Homicide,  §  11. 

Assault  in  resisting  unlawful  arrest.  33 
L.R.A.(N.S.)    150. 


INDEX  TO  L.R.A.  NOTES. 


61 


ARREST— cont'd 

Evidence  of  crime  committed  in  resisting  ar- 
rest after  commission  of  crime  charged. 
62  L.R.A.  338. 

§  9.   In  civil  action. 

Riglit  to,  in  breach  of  promise  case.  59 
L.R.A.  957. 

Effect  of  banlirupj,cy  law  on  pi-oceedings 
for  arrest  in  state  insolvent  proceed- 
ings.    45  L.R.A.  188. 

Arrest  under  civil  process  for  breach  of  war- 
ranty.    20  L.R.A.  (N.S.)    844. 

Right  to  arrest  partner  in  civil  action  or 
proceeding.     4  L.R.A. (N.S.)    130. 

Effect  on  suit  for  discharge  from  wrongful 
arrest.     19  L.R.A.  560. 

§10.  In   extradition   proceedings. 

Without  warrant,  awaiting  arrival  of  ex- 
tradition papers.     26  L.R.A.  34. 

Necessity  of  warrant  for  purposes  of  ex- 
tradition.   28  L.R.A.  804. 


ARREST  OF  JUDGMENT. 

In  criminal  prosecution,  see  Ceiminal  Law, 

§  58. 
Motion  in,  see  Judgment,  §  19. 


ARSON. 

§   1.  Generally. 

Bv  tenant  or  other  person  in  possession  of 

another's  property.     L.R.A.1918E,  484. 
Criminal     liability    of    children    for.      36 

L.R.A.  201. 
Solicitation  to.     25  L.R.A.  437. 
Cruel    and    unusual    punishment    for.      35 

L.R.A.  509. 
Evidence  of  other  crimes  in  prosecution  for. 

62    L.R.A.    208,    238,    289,    319,    325; 

L.R.A.Wl.lA.  son. 
Necessity  and   sufficiency   of   description  of 

oflfense   in   bail   bond   or   recognizance. 

38  L.R.A.(N.S.)    317. 

§  2.  Of  one's  own,  or  spouse's,  build- 
ing;. 

Arson  in  setting  fire  to  one's  own  building. 

32  L.R.A.  047. 
Arson  by  one  spouse  burning  property  of 
the  other.     21  L.R.A. (N.S.)   27. 

§  .3.   Of   insured   property. 

Liability  of  insurance  company  in  case  of 
intentional  destruction  of  property  by 
insured.     17  L.R.A. (N.S.)    189. 

Indications  that  building  may  be  inten- 
tionally set  on  fire  as  an  increase  of 
risk.     31  L.R.A. (N.S.)   603. 

Arson  in  setting  fire  to  one's  own  building 
to   injure  insurer.     32   L.R.A.   648, 

§   4.  Attempt  to  commit. 

What  constitutes  attempt.     4  L.R.A.  (N.S.) 

417;   41  L.R.A.(N.S.)    439. 
Procuring    or    providing    instrumentalities 

for  commission  of  arson  as  an  attempt 

to  commit  the  same.     6   L.R.A. (N.S.) 

804. 
Consult  also  L.R.A.  Digests  of  Cases. 


ARSON— cont'd 

§  5.  Corpus  delicti  In. 

Generallv.     16  L.R.A. (N.S.)   285. 
Proof  of'     68  L.R.A.  41,  49,  55,  69,  71,  78; 
L.R.A. 1916D,  1299. 

♦-•-♦ 


ART. 

Art  criticism  as  libel.    28  L.R.A.  672. 
Validity   of  bequest  for   education   in 

L.R.A.(N.S.)    1007. 
Specific  performance  of  contracts   in   rela 

tion  to  works  of.     L.R.A.1918E,  616. 


37 


ARTICLES  OF  ASSOCIATION. 

Rtestricting  transfer  of  stock  by.    27  L.R.A. 
271. 


ARTICLES   OF  WAR. 

Are  state  militias  subject  to  the  articles  of 
war  of  the  United  States.  40  L.R.A. 
(N.  S.)  354. 


ARTIFICE. 


Voluntariness  of  confession  procured  by.  18 
L.R.A.  (N.S.)  840;  60  L.R.A.  (N.S.) 
1088. 


ARTIFICIAL    BODY    OF   WATER. 

Rights  in,  see  Watebs,  §  27. 


ARTIFICIAL   CHANNELS. 

See  also  Canals. 

Navigability  of.     42  L.R.A.  323. 

Right  to  use  for  floating  logs.  41  L.R.A. 
376. 

Boundary  on  artificial  body  of  water.  51 
L.R.A.  178. 

Effect  of  bounding  grant  on.  42  L.R.A. 
509. 

Rights  acquired  in  artificial  condition  of 
body  of  water.    50  L.R.A.  836. 

Reciprocal  easement  as  to.  17  L.R.A. (N.S.) 
945. 

Conversion  into  natural  water  course.  16 
L.R.A.(N.S.)   280. 

Duty  as  to  protection  of  banks  of  water 
course  diverted  into  an  artificial  chan- 
nel.    L.R.A.]  916F,  1302. 

Liability  for  overflow  from  artificial  chan- 
nel by  which  a  stream  is  diverted  from 
its  natural  channel.  36  L.R.A.  (N.S.) 
1158;   L.R.A.1916F,   129L 


52 


INDEX  TO  L.R.A.  NOTES. 


ARTISTIC  WORK. 


Common-law  right  in  unpublished  pictures. 
1  B.  R.  C.  195. 

Employer's  rights  in  respect  to  artistic 
work  performed  by  employee.  5  L.R.A. 
(N.S.)    1187. 

Rights  of  employer  and  employee  with  re- 
spect to  literary  or  pictorial  work  of 
employee.    1  B.'R.  C.  324. 


ARTISTS. 

Right  of  artist  to  use  picture  for  his  own 
purposes.     42  L.R.A.(N.S.)    386. 


ASEXUAIilZATION. 

Of  criminals  or  defectives.   41  L.R.A. {N.S.) 
419;  L.R.A.1918D,  236. 


ASHES. 

Municipal   liability   as   to,   see   Municipal 

Corporations,  §  78. 
Doctrine  of  "attractive  auisance"  as  applied 

to  injury   from  hot  ashes,  see  Negli- 

SENCE,  §  23a. 


ASPHYXIATION. 

See  Insvbance,  §  161a. 


ASPORTATION. 


What  constitutes,  see  Larcent,  §  3. 
Bringing  stolen  property  into  tlie  state,  see 

Bringixg  Stolen  Property  into  the 

State. 


ASSAULT    AND    BATTERY. 

§   1.  Generally. 

On  passenger,  see  Carriers,  §§  11-14. 

blaster's  liability  for  assault  by  servant, 
generally,  see  ^Master  and  Servant, 
§  172. 

Damages  for,  see  Damages,  §§  8,  52. 

Indictment  for,  see  Indictment,  Informa- 
tion, AND  Complaint,  §  14. 

With  intent  to  commit  rape,  see  Rape. 

Question  for  jury  on  trial  for,  see  Trial, 
§  55. 

Provision  in  insurance  policy  against  lia- 
bility in  event  of  death  or  injury  in 
consequence  of  violation  of  law,  as  ap- 
plied to  death  or  injury  resulting  from 
a  personal  encounter.  L.R.A.1917C, 
199. 

Liability  of  master  for  intentional  injury  to 
servant  bv  tliird  person.  L.R.A.1917F, 
753. 

Begin  ivith  this  booh  on  every  law  question. 


ASSAULT  AND  BATTERY— cont'd 

Solicitation  to  commit.     25  L.R.A.  438. 

Several  ofTenses  growing  out  of  same  facts. 
31  L.R.A. (N.S.)    693,  732. 

In  removing  servant  from  premises  after 
tcrniination  of  service.  41  L.R.A.. 
(N.S.)    761. 

By  negligent  operation  of  automobile. 
L.R.A.1917D,  950.     . 

Internal  hcniorrliage  as  evidence  of  statu- 
tory wounding.     28  L.R.A.  (X.S.)    965. 

Assault  on  witness  as  contempt  of  court.. 
L.R.A. 1915D,  570. 

On  judge  after  retiring  from  courtroom,  as 
a  contempt.     2  L.R.A. (N.S.)   003. 

Recovery  for,  under  workmen's  compensa- 
tion act.  L.R.A.1916A,  309;  L.R.A. 
1917D,  112,  123;  L.R.A.1918E,  498. 

Right  of  action  for,  as  asset  of  bankrupt. 
43  L.R.A.(N.S.)    941. 

EflFect  of  discharge  in  bankruptcy  on  liabil- 
ity for.     3  L.R.A. (N.S.)  702. 

Former  jeopardy  in  case  of.  L.R.A.1915A,. 
256. 

What  weapons  may  be  considered  deadly 
under  law  of.    21  L.R.A.(X.S.)  497. 

Liability  of  sureties  on  constable's  bond  for 
assault  made  in  serving  or  executing 
civil  writ  or  process.  8  L.R.A. (N.S.) 
1223. 

Homicide  in  commission  of.  63  L.R.A.  375,. 
391;    45  L.R.A. (N.S.)    219. 

Conviction  on  charge  of,  as  bar  to  subse- 
quent prosecution  for  homicide  follow- 
ing death  of  victim.  14  L.R.A. (N.S.) 
209. 

Liability  of  servant  or  agent  for,  when  act- 
ing under  orders.     50  L.R.A.  646. 

Liability  for  performing  surgical  operation 
without  consent  of  patieiu.  1  L.R.A. 
(X.S.)  439;  7  L.R.A. (X.S.)  009:  50 
L.R.A.(N.S.)   880. 

Necessity  and  sufficiency  of  description  of 
offense    in    bail   bond    or    recognizance, 

38  L.R.A. (N.S.)   312,  320. 

Civil    liability    of    insane    person    for.      42 

L.R.A. (N.S.)    84. 
Withdrawal  from  combat  as  affecting  civil 
liability  for  assault.     L.R.A. 19 loC, 
893. 
When  verdict  in  action  for,  set  aside  for 
inadequacy    for    damages.      39    L.R.A. 
(N.S.)   487. 

§  2.  What  constitutes. 

Solicitation  as.     25  L.R.A.  434. 
Pointing   unloaded    firearm   as.      15   L.R.A. 
(N.S.)   1272;  41  L.R.A.(N.S.)   181. 
Demonstration  of  force  or  violence  outside 

of  range  of  actual   injury.     33  L.R.A. 

(N.S.)    982. 
Removing    one    from   defendant's   premises-. 

L.R.A.1918E,  1054. 
What    constitutes    an    attempt    to    commit 

homicide  as  distinguished  from  assault 

with   intent  to   kill.     21   L.R.A.(N.S.)i. 

898. 
Forcing  one  to  do  an   act  under  threat  to 

kill  as  an  assault  with   intent  to  kill. 

39  L.R.A. (N.S.)    143. 


INDEX  TO  L.R.A.  NOTES. 


53 


ASSAULT  AND  BATTERY— cont'd 
Negligent  operation  of  automobile.     L.K.A. 

1917D,  950. 
Striking   or   frightening   animal    as   assault 

upon  one  in  control.     L.R.A.1915E,  812. 
Taking  liberties  with  woman  as  an  assault. 

L.R.A.1917A,  142. 

§  3.  E.xcuse;    justificatiosi;    defense. 

Right  to  plead  inconsistent  defenses   in  ac- 

tiong  for  assault.     48   L.R.A.   197. 
What   intoxication  will  excuse.     36   L.R.A, 

477. 
"Withdrawal  from  combat  as  affecting  civil 

liability.     L.R.A.] 9] oC,  893. 
Assault  with  intent  to  murder  or  kill  by 
unlawful    act    aimed     at    another 
than   the  one   injured.      37   L.R.A. 
(N.S.)    172. 
Provocfition  less  than  an  assault,  as  a  de- 
fense to  a  civil   action  for   an  as- 
sault    and      battery.     38     L.R.A. 
(N.S.)   516. 
Assault    to    prevent    seduction    of,    or    com- 
mission of  adultery  with,  wife,  in  the 
future.     18  L.R.A. (N.S.)    688. 
Assault  as   affected   by    beneficent   purpose. 

45  L.R.A. (N.S.)    455. 
Assault  to  prevent  one  from  taking  a  child. 
I..R.A.1915A,  73. 

§4.  —  consent. 

Consent  as  justification  for  assault.  15 
L.R.A.  853. 

Effect  of  fact  tiiat  combat  was  by  agree- 
ment or  mutual  consent  of  parties  upon 
civil  liability  for  assault.  20  L.R.A. 
(N.S.)    907. 

Implied  consent  to  performance  of  surgical 
operation.  1  L.R.A.  (N.S.)  441;  50 
L.R.A. (N.S.)    880. 

§   4a.  —  self-defense.  • 

Admissibility  of  evidence  of  turbulent  and 
dangerous  character  of  victim  of  as- 
sault on  issue  of  self  defense.  L.R.A. 
T916A,  1245. 

Civil  liability  for  killing  or  injuring  one 
person  while  acting  in  self-defense 
against  a  third  person.  50  L.R.A. (N.S.) 
1069. 

Riglit  of  self-defense  against  assault  pro- 
voked by  abusive  language.  51  L.R.A. 
(N.S.)    838. 

Effect  of  withdrawal  from  combat  on  doc- 
trine of  self-defense.     L.R.A.1915C,  893. 

As  deferise  to  carrier  in  action  for  assault 
by  employee  on  passenger.  32  L.R.A. 
(N.S.)    1203;    L.R.A.1915E,  673. 

Right  of  self-defense  by  one  pursued  and 
assaulted  after  leaving  premises  which 
he  had  entered  for  an  unlawful  pur- 
T)ose.     26  L.R.A. (N.S.)   621. 

In  resisting  unlawful  arrest.  33  L.R.A. 
(N.S.)    150. 

§  5.  — protecting  or  recovering  posses- 
sion of  property. 

Force  permissible  in  resisting  or  aiding 
the  attempt  of  public  service  cor- 
poration to  plant  poles,  lay  tracks, 
etc.     45   L.R.A.(N.S.)    601. 

Consult  also  L.R.A.  Digests  of  Cases. 


ASSAULT  AND  BATTERY— cont'd 

Resisting  seizure  of  property  under  process. 
L.RA.1916B,  957. 

Use  of  force  to  protect  possession  of  real 
property  by  one  not  in  actual  posses- 
sion.    L.R.A.1918C,  532. 

Riglit  to  employ  force  in  retaking  property 
sold    conditionally.      L.RA.1915F,    673. 

Assault  in  recapture  of  property.  14  L.R.A. 
317. 

Civil  liability  for  assault  committed  in  re- 
gaining possession  of  land,  by  one  en- 
titled to  possession.  17  L.R.A..(N.S.) 
455. 

Criminal  liability  for  assault  committed  in 
regaining  possession  of  land  by  one  en- 
titled to  possession.  22  L.R.A. (N.S.) 
728. 

Right  to  use  force  to  recover  possession  of 
chattel.  3  L.R.A. (N.S.)  251;  19  L.R.A. 
(N.S.)   606. 

Right  to  use  deadlv  weapon  in  resisting 
trespass.     22  L.R.A. (N.S.)    724. 

§    6.  — mistake  in  identity. 

Mistaken   identity  as   justification  for.     67 

L.R.A.  565;   37   L.R.A. (N.S.)    172. 
Assault  or  homicide  as  affected  by  mistake 

as  to  identity  of  person  assaulted, 

33  L.R.A.(N.S.)   1070. 

§  7.  Criminal  responsibility  of  children 
for. 

Assault  with   intent  to  inflict  great  bodily 

harm.     36  L.R.A.  201. 
Assault    with    intent    to    rape.      36    L.R.A. 

204,  205. 
Common   assault  upon   female.     36  L.R.A. 

205. 
Indecent  assault.     36  L.R.A.  205. 
Assault    and     battery    upon    female,      36 

L.R.A.  206. 

§  8.  By  parent  or  teacher. 

Liability  of  parent  or  custodian  for  as- 
sault bv  punishment  of  child.  21 
L.R.A.  (N.S.)    216. 

Right  of  teacher  to  inflict  corporal  punish- 
ment on  pupil.     1   B.  R.  C.  718. 

§  9.  Responsibility  of  one  aiding  or  en- 
couraging another  in. 

Is  one  assisting  relative  in  peril  bound  by 
the  latter's  act  in  bringing  on  the  dif- 
ficulty. 45  L.R.A.  703;  15  L.R.A. 
(N.S!)   1013;  39  L.R.A.(N.S.)   671. 

Civil  liability  of  member  of  a  mob  which 
makes  hostile  demonstration  against  a 
person.     38  L.R.A,  (N,S,)    404. 

Civil  liability  of  one  who  encourages  an  as- 
sault without  physically  participat- 
ing therein.     51  L.R.A.  (N.S.)    718. 

Criminal  responsibility  of  one  who  aids  an- 
other in  assault  in  which  the  latter, 
without  his  knowledge  or  consent,  uses 
a  deadly  weapon.    23  L.R.A.  (N.S.)  273, 

§10.  Homicide   in   resisting. 

Homicide  in  resisting.     67  L.R.A.  532,  541. 
Insulting  words  or  conduct  combined  with 

assault    as    provocation    for    homicide. 

4  L.R.A. (N.S.)    158. 


54 


INDEX  TO  L.R.A.  NOTES. 


ASSAULT  AND  BATTERY— cont'd 
§    11.  Intent    in    committing;. 

Intent  as  an  element  of  simple  assault  or 
assault    and    battery.      14    L.R.A. 
22G. 
Right   of  one  to  testify   as  to  his   intent. 

23    L.R,A.(N.S.)     389. 
Charging  assault  with  intent  to  kill  when 
actual    intent   is   directed   against    an- 
other.    7  L.R.A.(N.S.)    630. 

§  12.  Cliarge  of,  included  in  prosecu- 
tion for  liomicide. 

Charge  of  assault  and  battery  included  in 
prosecution  for  homicide.  21  L.R.A. 
(N.S.)    11;  43  L.R.A.(N.S.)    813. 

§   13.  Evidence  on  trial  for. 

Effect  of  admission  to  change  burden  of 
proof  and  right  to  open  and  close  in 
action  for  assault.  61  L.R.A.  539,  548, 
558. 

Burden  of  proving  that  weapon  was  not 
loaded  in  prosecution  for  assault  with 
firearms.      42   L.R.A.  (N.S.)    975. 

Admissibility  of  declarations  of  infant 
female  too  young  to  be  sworn  as  a  wit- 
ness at  the  trial.    65  L.R.A.  317. 

Proof  of  corpus  delicti  in  prosecution  for. 
68  L.R.A.  50,  70. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  207,  228,  278,  313,  314. 
,  Evidence  of  other  assaults  made  at  about 
the  time  of  one  for  which  action  for 
damages  is  brought.  44  L.R.A.(N.S.) 
1173. 

Evidence  of  plaintiff's  character  in  action 
for.     14  L.R.A.(N.S.)    753. 

Admissibility  of  evidence  of  turbulent  and 
dangerous  character  of  victim  of  as- 
sault on  issue  of  self  defense.  IaR.A. 
1016A,  1245. 

Evidence  of  specific  instances  to  prove  char- 
acter of  victim  in  prosecution  for.  14 
L.R.A.(N.S.)   713. 

Evidence  of  provocation  to  mitigate  dam- 
ages in  civil  action  for.  1  L.R.A. 
(N.S.)    137;    11   L.R.A.(N.S.)    670. 

Admissibility  for  purpose  of  impeachment 
in  action  for  criminal  assault  on 
woman  of  evidence  that  prosecuting 
witness  has  made  similar  charges 
against  other  persons.  41  L.R.A. 
(N.S.)    216. 

Husband  or  wife  as  witness  against  the 
other  in  prosecution  for.  2  L.R.A 
(N.S.)    862;   L.R.A.1917E,   1133. 

§  14.  Damages  for. 

See  Damages,  §  52. 

S    15.  Punishment  for. 

Enforcing  judgment  for  damages  for,  by 
imprisonment.     L.R.A.1915B,  646. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.  569;   L.R.A.1915C,  565. 


ASSEMBLAGE. 


Power  of  municipality  to  prevent  gathering 
or  assembling  of  persons  on  street  or 
on  sidewalk.     52  L.R.A.(N.S.)    999. 

Begin  with  this  hook,  on  every  law  question. 


ASSEMBLY  DISTRICTS. 

Eft'ect  of  ordinance  of  1787  upon  apportion- 
ment of  state  into  senatorial  and  assem- 
bly districts.     52  L.R.A.(N.S.)  311. 


ASSEMBLY  HALL. 

Power    of    municipality    to    construct.     26 
L.R.A.(N.S.)    425. 


ASSENT. 


See  Consent. 


ASSESSMENT. 


By  building  and  loan  association,  see 
Building  and  Loan  Association,  §  6. 

Impairment  of  obligation  of  contracts  as 
to,  see  Constitutional  Law,   §  32. 

Constitutionality  of  statutes  as  to,  gener- 
ally, see  Constitutional  Law,  §  43. 

Of  corporate  stockholders,  see  Corpora- 
tions, §§  109-111. 

Of  damages,  see  Damages,  §  121. 

As  a  taking  of  property,  see  Eminent  Do- 
main, §  42. 

Estoppel  as  to,  see  Estoppel,  §§  7,  39. 

For  insurance,  see  Insurance,  §§  110-118. 

For  drains  and  sewers,  see  Drains  and 
Sewees,  §§   12-14. 

For  public  improvements  generally,  see 
Public   Improvements,   IV. 

For  taxation,  see  Taxes,  IV. 

•    — •^^ 


ASSESSMENT   COMPANY. 

See  Insurance,  §  12.  • 

^^v-^ 

ASSESSMENT  PLAN. 

Measure  of  damages  for  wrongful  cancela- 
tion of  policy  issued  on.  7  L.R.A, 
(N.S.)    1163;    L.R.A.1917E,    1035. 


ASSESSMENT  WORK. 
On  mining  claim,  see  Mines,  §§  16,  25. 

^^»^^ .    * 

ASSETS. 

In  case  of  assignment  for  creditors,  see 
Assignment  for  Creditors,  §  10. 

Of  bankrupt,  see  Bankruptcy,  §§  18-22. 

Of  decedent's  estate,  see  Executors  ani> 
Administrators,    §§    30-32. 

Of   insolvent,   see   Insolvency,   §   4. 


INDEX  TO  L.R.A.  NOTES. 


65 


ASSETS— cont'd 

Distribution   of   assets   of   insolvent   insur- 
ance  company,   see   Insubance,    §    lO. 


ASSIGNMENT. 


§  1.  Generally. 

For  creditors,  see  Assignment  for  Cbed- 

ITOBS. 
By   bankrupt,   see   BANKBtrPTCY,   §§    13-17. 
Of  bank  deposit,  see  Banks,  §  13. 
Of   bills   or   notes,   see   Bills   and  Notes, 

§§  26-42. 
Of  bill  of  lading,  see  Bills  of  Lading. 
Of   chattel   mortgage,   see   Chattel  Mobt- 

GAGE,  §  29. 
Of  check,  see  Checks,  §  6. 
Of  copyright,  see  Copybight,  §  6. 
Of   corporate   stock,   see   Cokpobations,   §§ 

82-95. 
Of     cotenant's     interest,     see     Cotenancy, 

§§  11,  12. 
Of  easement,  see  Easements,  §   16. 
Of  expectancy,  see  Expectancies,  §  3. 
Of  franchise,  see   Franchises,   §  4. 
Of  good  will,  see  Good  Will,  §  2. 
Of  policy,  or   interest   therein,   see  Insub- 
ance, VI. 
Of  judgment,  see  Judgment,  §  78. 
Of  lease,  see  Landlord  and  Tenant,  §§  19, 

36,  37. 
Of  mortgage  on  land,  see  Mobtgage,  V. 
Of  patent  or  patented  article,  see  Patents, 

§  14. 
Of    vendor's    lien,    see    Vendob    and    Pub- 

CHASEB,   §   33. 
Federal  jurisdiction  of  action  by  assignee, 

see  Courts,  §  41. 
Fraudulent    assignments,    see    Fraudulent 

Conveyances. 
Effect  of,  on  proper  party  to  bring  suit,  see 

Parties,  §  18. 
Pledge  of  chattels,  see  Pledge  and  Collat- 
eral  Security. 
Sale  of  chattels  generally,'  see  Sale. 
Set-oflf   of   or   against   assigned   claims,   see 

Set-Off  and  Counterclaim,  §§  11,  14, 

1.5,   20,   21,   23. 
Of  f'-ademark,  see  Trademabk,  §§  4,  5. 
Of  tradename,  see  Tradename,  §  3. 

Parol  evidence  to  vary  written  assignment 
in  favor  of  or  against  a  stranger  to 
the   contract.      L.R.A.1916A,   599,    610. 

Transfer  of  right  to  use  water  for  irriga- 
tion.    65  L.R.A.  407. 

Of  purchaser's  interest  under  a  conditional 
sale.      40    L.R.A.  (N.S.)     873. 

Law  governing  assignment  of  claim  for  dam- 
ages for  death  or  bodily  injurv.  56 
L.R.A.   223. 

What  amounts  to  a  violation  of  covenant  in 
lease   against.      14   L.R.A. (N.S.)    1200. 

Right  of  one  partner  to  acquire  individual 
claim  against  the  other.  28  L.R.A. 
(N.S.)    619. 

Obligation  of  public  corporation  to  pay  for 
services  rendered  under  contract  as- 
signed to  officer.  34  L.R.A.  (N.S.)  140. 
Consult  also  L.R.A.  Digests  of  Cases. 


ASSIGNMENT— cont'd 

Injunction  against  enforcement  of  betting 
and  gambling  contracts  in  case  of  as- 
signment.    48  L.R.A.   845. 

Survival  of  primary,  obligation  on  payment 
by  surety  in  case  of  assignment.  68 
L.R.A.    552. 

Provability  of  partnership  debts  in  individ- 
ual proceedings  where  partnership  as- 
sets liave  been  assigned  to  bankrupt. 
69  L.R.A.  777. 

Necessity  of,  to  surety's  right  of  subroga- 
tion to  judgment  against  principal. 
68  L.R.A.  572. 

Effect  of  discharge  in  bankruptcy  upon  as- 
signment of  wages  to  be  earned  in  the 
future  under  contract  terminable  at 
will.  14  L.R.A.(N.S.)  1025;  30  L.R.A. 
(N.S.)   375;  L.R.A.1916E,  248. 

Effect  of  permitting  assignor  of  a  contract 
to  receive  non-negotiable  instrument  is- 
sued in  payment  thereof,  to  estop 
assignee,  as  against  a  subsequent  as- 
signee of  such  instrument.  11  L.R.A. 
(N.S.)    472. 

Estoppel  to  set  up  original  obligee's  breach 
of  condition  to  make  future  advances 
as  against  assignee  of  contract  for 
payment  of  money  not  protected  by  the 
law   merchant.      23    L.R.A. (N.S.)    178. 

Effect  upon  lifen  of  mortgage  securing  nego- 
tiable instrument  assigned  before  ma- 
turity, of  payment  to  payee  without 
knowledge  of  assignment.  41  L.R.A. 
(N.S.)    462. 

When  may  assignment  executed  with  the 
formalities  of  a  will,  but  not  couched 
in  formal  testamentary  phraseology,  be 
given  effect  as  a  will.  41  L.R.A. (N.S.) 
42. 

Admissibility  of  declarations  by  assignor 
made  out  of  court  as  to  his  purpose  in 
making  a  transfer  attacked  as  fraud- 
ulent against  creditors.  41  L.R.A. 
(N.S.)    1. 

Competency  of  assignor  of  claim  to  testify 
as  to  transactions  with,  or  statements 
by,  deceased  person  when  not  expressly 
excluded  by  terms  of  statute.  42 
L.R.A.  (N.S.)    316. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  state  stat- 
utes as  to.     40  L.R.A. (N.S.)    431. 

§  2.  How  made. 

How  -future  crops  assignable.  23  L.R.A. 
449. 

Manner  of  pledging  or  assigning  book  ac- 
counts.    27  L.R.A.(N.S.)    666. 

§  3.  Assignability. 

Of  railroad  ticket,  see  Carriers,  §§  21,  148. 

Forbidding  transfer  of  license  to  operate 
jitney  bus.    L.R.A.1918B,  916. 

Assignment  of  future  book  accounts  not 
arising  out  of  existing  contract.  L.R.A, 
1918A,  126. 

Of  privilege  to  use  streets  for  telegraph, 
telephone  or  other  quasi  public  pur- 
pose.   L.R.A.1917D,  707. 


6d 


INDEX  TO  L.R.A.  NOTES. 


ASSIGNMENT— cont'd 

Of  rif^lit  to  set  aside  judgment.     15  L.R.A. 

8]3. 
Of   trademark.      1    L.R.A.  (N.S.)    704, 
Of  francliise  of  water  company.     61  L.R.A. 

98. 
Of  easement  in  gross.     14  L.R.A.  333. 
Of  right  of  entry  for  a  condition  broken. 

60  L.R.A.  750. 
Of   insurance  agent's  right  to  commissions 

on     renewal     premiums.       18     L.R.A. 

(N.S.)    193. 
Right    of    debtor    to    assign    exemption    or 

delegate  to  another  the  right  to  select 

exempt  property.  30  L.R.A.(N.S.)  982. 
Of  decree  for  alimony.  7  L.R.A. (N.S.)  179. 
Of  claim  for  penalty  against  national  bank 

taking    usurious    interest.      56    L.R.A. 

695. 
Assignability  of  cause  of  action  for  breach 

of    warranty    on    sale    of    chattel.      51 

L.R.A.  (X.S.')   1114. 
Of  right  to  file  bill  in  equity.    L.R.A.1916E, 

73. 

§   4.  — of   contract. 

Of    insurance    policy,    see    iNStJBANCE,    §§ 

120-129. 
Contract  of  sale,  see  Sale,  §  40. 

Of    railroad    ticket.      18    L.R.A.    55. 

Of  the  right  to  a  third  peijson's  services. 
L.R.A.1917F,  842. 

Of  construction  or  building  contracts  which 
contain  no  provision  with  reference 
thereto.     21  L.R.A. (N.S.)   359. 

Of  executory  contract  to  perform  particu- 
lar work,  as  distinguished  from  a  con- 
tract for  personal  services  or  contract 
of   sale.     23   L.R.A. (N.S.)    223. 

Of  contract  to  supply  such  quantity  of 
goods  as  purchaser  may  require  in  his 
business.     2   B.   R.   C.   444. 

Of  contract  hiring  out  convicts.  27  L.R.A. 
608. 

Right  of  agent  to  transfer  his  authority  or 
contract  to  a  corporation  organized  by 
him.     L.R.A.1916F,  89. 

Assignability  of  a  subscription  to  stock  or 
contract  to  purchase  stock  from  the 
corporation.     43  L.R.A. (N.S.)    790. 

Assignability  of  option  to  purchase  prop- 
erty.    43  L.R.A. (N.S.)    115. 

8  5.  —of  cause  of  action  for  tort.   ' 

Of  cause   of  action  for  personal  tort.     14 

L.R.A.  512. 
Of  cause  of  action  for  personal  injury.    44 

L.R.A.  177. 
Assignability  of  cause  of  action  for  death. 

45  L.R.A. (N.S.)    1098. 
EfTect  of  statute  declaring  cause  of  action 
for  death   survivable,   to  render   it  as- 
signable.    27   L.R.A.(N.S.)    404. 

§   6.  —of  future  earnings  or  interest. 

Of  expectancy,  see  Expectancy,  §  3. 

Of  future  wages,  see  Masteb  and  Sebvant, 

§  28. 
Of  salary  by  officer,  see  Officees,  32. 

Of  future  accounts.    14  L.R.A.  126. 

8   7.  —of    lien. 

Of  mechanics'  lien.     13  L.R.A.  704. 

Begin  with  this  hook  on  every  law  qttestion. 


ASSIGNMENT— cont'd 

§  8.  I]quitable  assignment. 

Liability  of  equitable  assignee  of  leasehold 

for  rent.     14  L.R.A.   151. 
Discharge  of  debt  in  bankruptcy  as  affecting 

equitable    assignment    to    secure    same. 

43  L.R.A. (N.S.)   404. 

§  9.  Validity. 

Validity  of  assignment  of  policy,  see  iNSim- 

ance,  §  122. 
Of  future  wages  or  salary,  see  Master  and 

Servant,  §  28;  Officers,  §  32. 

Application  to  usury  laws  to  purported  as- 
signment of  accounts.  L.R.A. 1917E, 
1121. 

Validity  of  assignment  of  debt  as  affected 
by  nature  of  consideration,  or  by  as- 
signee's ulterior  purpose.  5  B.  R.  C. 
611. 

Law  governing  validity  of  assignment  of 
property.     17  L.R.A.  84. 

Validity  of  sale  or  assignment  of  expec- 
tancy by  prospective  heir.  25  L.R.A. 
(N.S.)    430. 

Agreement  to  assign  future  inventions  on 
sale   of   patent,     2   L.R.A. (N.S.)    1094. 

Reservation  of  surplus  on  assignment  of 
chose  in  action  as  security  as  a  fraud 
on  other  creditors.  36  L.R.A. (N.S.) 
370. 

Validity  of  oral  agreement  to  assume  or 
assign  land  contract.  3  L.R.A. (N.S.) 
147. 

Applicability  of  statute  of  frauds  to  assign- 
ment of  purchaser's  interest  under  land 
contract.     19  L.R.A. (N.S.)    879. 

Right  of  third  person  to  take  advantage  of 
champerty  in  assignment.  35  L.R.A. 
(N.S.)    512. 

§  10.  Validity  of  provision  against  as- 
signment. 

Validity  of  stipulation  against  assignment 
in  contract  for  payment  of  money.     21 
L.R.A.(N.S.)  597. 
Validity   and   effect   of   stipulation    in   con- 
tract for  sale  of  land  against  as- 
signment by  a  vendee  without  ven- 
dor's    consent.     35     L.R.A.  (N.S.) 
1064. 
Constitutionality     of     statute     restricting 
right  to  assign  salary   or   wages.     28 
L.R.A.(N.S.)     1108;    43    L.R.A.  (N.S.) 
746. 
Forbidding   transfer   of   license   to   operate 
jitney  bus.     L.R.A.1918B,  916. 

§11.  Effect  of. 

Of  mortgage  on  land,  see  Mortgagf,  §  48. 

Undelivered  written  transfer  or  assignment 

of  property  as  a  gift.    21  L.R.A.  693. 
Effect  of  assignment  of  oil  and  gas  lease. 

34  L.R.A.  62. 
Assignor  of  promissory  note  as  an  indorser. 

36  L.R.A.  117. 
Effect    of    transfer    of    check    on    time    for 

presentment.      10    L.R.A.  (N.S.)     1153. 
Effect  of  transfer  of  negotiable  instrument 

to  secure  money  for  gambling  purposes. 

22    L.R.A. (N.S.)     627. 


INDEX  TO  L.R.A.  NOTES. 


57 


ASSIGNMENT— cont'd 

Effect  of  assignment  of  a  claim  ex  delicto 
to  one  against  whom  it  was  asserted, 
to  enable  him  to  maintain  an  action 
thereon  against  a  third  party.  7 
L.R.A.  (N.S.)    534. 

Effect  of  assignment  of  unearned  salary  or 
fees  of  public  officer  to  put  the  same 
when  earned  beyond  the  reach  of  cred- 
itors.    31   L.R.A. (N.S.)    374. 

Assignment  of  copyrighted  story  as  carry- 
ing exclusive  right  to  dramatize  it. 
41   L.R.A.  (N.S.)    1002. 

Effect  of  assignment  of  surplus  of  gar- 
nished fund,  to  defeat  a  subsequent 
garnishment.     5  B.  R.  C.  450. 

Garnishment  of  money  due  or  to  become 
due  under  a  contract  the  proceeds  of 
which  have  been  assigned  by  the  debt- 
or prior  to  the  garnishment.  L.R.A. 
1916D,  365. 

Effect  of  assignment  of  security  on  right  of 
obligee  to  be  subrogated  to  security 
held  by  surety.     L.R.A.1916C,   1082. 

§   12.  Rights  and  liabilities  of  parties; 

notice. 
On  assignment  of  expectancy,  see  Expbot- 

ATs'CIES,   §   3. 

Rights  of  assignee  of  mortgage,  see  Mobt- 
GAGE,  §  50. 

Duty  of  life  tenant's  assignee  to  pay  taxes. 
32  L.R.A.  752. 

Rights  and  liabilities  of  assignee  of  bill  of 
lading  with  draft  attached,  as  against 
consignee  who  does  not  get  the  goods 
or  finds  them  defective.  49  L.R.A.  679 : 
1  L.R.A. (N.S.)  242;  18  L.R.A. (N.S.) 
1221;  32  L.R.A. (N.S.)  1173;  52  L.R.A. 
(N.S.)    241. 

Enforcement  by  or  against  assignee  of  ob- 
ligation to  contribute  to  cost  of  party 
\vall.     66  L.R.A.  673. 

Eight  of  assignee  of  bona  fide  holder  of 
note,  execution  of  which  was  procured 
by  fraud.     30  L.R.A.  441. 

Transferee  of  chattels  in  satisfaction  of  pre- 
existing debt,  as  a  bona  fide  purchaser 
as  against  original  vendor,  from  whom 
they  were  fraudulently  obtained  by 
transferrer.     35   L.R.A.(N.S.)    1174. 

Right  of  surety  on  contractor's  bond  as 
against  assignee  of  fund.  L.R.A. 
191 8D,  736. 
Where  sureties  have  performed  the  con- 
tract on  abandonment  by  the  con- 
tractor. 14  L.R.A.  (N.S.)  457; 
L.R.A. 1918A,   937. 

Riglits  of  laborers  or  materialmen  in  fund 
for  public  work  to  insure  payment  of 
their  claims  as  against  assignee  of 
fund.     37   L.R.A. (N.S.)    578. 

Right  of  assignee  in  ciiampertous  assign- 
ments to  take  advantage  of  champerty. 
35  L.R.A. (N.S.)   516. 

Liability  of  assignee  for  acts  of  independent 
contractor.      66    L.R.A.    152. 

On  assignment  of  patent  rights  by  em- 
ployee.    5  L.R.A. (N.S.)    1180. 

Consult  also  L.It.A.  Digests  of  Cases. 


ASSIGNMENT— cont'd 

Rights  of  purchasers  from  assignee  of  pat- 
ent for  limited  territory  to  sell  or  use 
free  from  restrictions  affecting  it  in 
hands  of  vendor.     55  L.R.A.  633. 

Right  of  receiver  to  take  property  from  pos- 
session of  assignee.  47  L.R.A. (N.S.)  749. 

Effect  on  assignee  of  lessor  or  lessee  of 
contract  exempting  railroad  company 
from  liability  for  burning  building  upon 
its  right  of  way.    44  L.R.A. (N.S.)  1131. 

Revival  of,  or  subrogation  to,  discharged 
mortgage  in  favor  of  assignee  of  equity 
of  redemption  who  pays  it  as  against 
junior   lien.     47    L.R.A.(N.S.)    1190. 

Liability  for  rent  of  leasehold  after  assign- 
ment of  lease.  14  L.R.A.  151;  52 
L.R.A.(N.S.)   968. 

Who  may  take  advantage  of  failure  to  file 
assignment  of  a  building  contract  or 
of  the  money  due  thereunder.  L.R.A. 
1917F,  1127. 

Assignment  of  chose  in  action  to  one  of  the 
parties  liable  thereon  as  affecting  de- 
fenses and  equities  as  between  the  as- 
signee and  the  other  party.  L.R.A. 
1917F,  443. 

Words  of  assignment  as  qualifying  indorse- 
ment.    L.R.A.1917A,  1167. 

§13.  Priorities. 

Priority  between  assignees  of  mortgage,  see 
Mortgage,  §  51. 

Priority  of  foreign  assignment  over  subse- 
quent domestic  attachment.  17  L.R.A. 
85. 

Effect  of  assignment  of  surplus  of  gar- 
nished fund  to  defeat  a  subsequent  gar- 
nishment.   5  B.  R.  C.  450. 

Priority  between  one  garnishing  money  due 
or  to  become  due  under  a  contract  and 
an  assignee  of  the  proceeds  of  the  con- 
tract assigned  prior  to  the  garnish- 
ment.    L.R.A.1916D,  365. 

Priority  of  garnishment  over  prior  assign- 
ment as  affected  by  notice  or  lack  of 
notice.     L.R.A. 1916E,  81. 

Right  of  first  assignee  of  claim  to  recover 
from  the  second  assignee  the  amount 
collected  by  latter  on  the  claim.  30 
L.R.A.(N.S.)  807. 

§  14.  — priority  riglits  of  difTerent  as- 
signees of  fund  in  hands  of  third 
person. 

Priority  of  notice  to  trustee  gives  priority 

of  right.    66  L.R.A.  761. 
Qui  prior  est  tempore,  potior  est  jure.     66 

L.R.A.    774. 
States  in  which  both  rules  have  been  fol- 
lowed.    66  L.R.A.  775, 
Other  cases.     66  L.R.A.  777. 
When  the  contract  assigned  provides  as  to 

mode  of  assignment.     66  L.R.A.  777. 
Priority   of   notes   falling   due   at   different 

times  secured  by  same  mortgage.     24 

L.R.A.  800. 

§   15.  Actions. 

Effect  of  assignment  on  proper  party  to 
bring  suit,  see  Parties,  §  18. 


58 


INDEX  TO  L.R.A.  NOTES. 


ASSIGNMENT— cont'd 

Assignment  as  ground  of  action.  36  L.R.A. 
582:  47  L.K.A.(N.S.)   689. 

Assignees  of  instalment  notes  as  parties  to 
proceeding  to  enforce  mortgage  for 
part  of  debt.     37  L.R.A.  742. 


ASSIGNMENT   FOR   CREDITORS. 

/.  In   general,  §§   1-6. 
II.  What  constitutes,  §  7. 
///.   Ejfert  of,§§    8-10. 
IV.  Jiiglits    and    duties    of    assignee, 
§§    11-13. 
V.  Validity,   §14. 
VI.  Preferences    and    priorities,    §§ 
15-17. 
VII.  Rights    and   duties    of   creditors, 
§  18. 
VIII.  Rights  against  assignor,  §   19. 

I.  In  general. 

§  1.  Generally. 

For  conflict  of  laws  as  to,  and  eflfect  of, 
foreign  assignments,  see  Conflict  ok 
Laws,  §  25. 

As  to  bankruptcy,   see   Bankbuptcy. 

As  to  insolvency,  generally,  see  Insolven- 
cy. 

Liability  for  rent  of  premises  occupied  by 
assignee,  see  Landlord  and  Tenant, 
§  86. 

Liability  to  levy,  of  property  in  hands  of 
assignee,  see  Levy  and  Seizure,  §  7. 

Effect  of  bankrupt  law  on  assignment  for 
creditors  under  state  laws.  45  L.R.A. 
177. 

Effect  of  re-entry  by  landlord  after  assign- 
ment for  creditors  by  tenant  upon  lat- 
ter's  liability  for  subsequent  rent. 
L.R.A.1917A,  208. 

First  and  last  days  in  computing  time  in 
matters  of.     49  L.R.A.  240. 

When  limitations  begin  to  run  against  bal- 
ance of  stock  subscription  in  suit  by 
assignee  for  creditors.  1  L.R.A.  (N.S.) 
903. 

Effect  of  assignee's  possession  of  property 
out  of  state  on  transfer  by  bankruptcy 
or  insolvency  proceedings.  23  L.R.A. 
42. 

Preliminary  injunction  which  would  have 
effect  of  transferring  possession  of 
propertv  from  defendant  to  trustees. 
39  L.R.A.(N.S.)    34. 

Oamishment  of  claim  to  surplus  under  as- 
signment for  creditors.     59  L.R.A.  372. 

Gamishable  character  of  claim  of  creditor 
in  estate  created  by  voluntary  assign- 
ment of  debtor.     L.R.A.1918F,  443. 

Presumption  as  to  time  of  alteration  in. 
39  L.R.A.(N.S.)    108. 

§  2.  By  partnership. 

Power  of  one  partner  to  assign  partnership 
real  estate  for  benefit  of  creditors.  28 
L.R.A.  97. 

of   covenant    against 


§  3.  As   violation 
assignment. 

Oeneral   assignment   for   creditors   as. 
L.R.A.(N.S.)    1202. 


14 


ASSIGNMENT     FOR     CREDITORS,     I.— 

cont'd 
§   1.  Necessity  of  acceptance. 

Assent    and    presumption.     24    L.R.A.    369. 
Assent  presumed.     24  L.R.A.  370. 

Statutory  presumption.    24  L.R.A.  373. 
Extent  of   presumption.     24   L.R.A.   374. 
Rebuttal   of   presumption.      24   L.R.A.   374. 
Express  assent.    24  L.R.A.  376. 
Sufficiency  of  assent.     24  L.R.A.  378. 
Time  of  assent.     24  L.R.A.  379. 
Effect  of  assent.    24  L.R.A.  379. 
Effect  of  assignment.     24  L.R.A.  380. 
The  Massachusetts  doctrine.    24  L.R.A.  381. 
English  decisions.     24  L.R.A.  384. 


§  5.  Schedule. 

Sufficiency    of. 
109*.' 


3    L.R.A.    140* ;    6    L.R.A. 


Begin  with  this  book  on  every  law  question. 


§   6.  Inventory. 

Effect  of  failure  to  file  on  riglit  to  attach 
property  in  hands  of  assignee.  26 
L.R.A.   594. 

II.  What   constitutes. 

§   7.  Generally. 

Is  a  preference  by  mortgage  or  sale  an  as- 
signment for  creditors.     37  L.R.A.  337. 

Conveyance  or  transfer  to  indemnify  sure- 
ties or  indorsers  as  a  voluntary  as- 
signment for  creditors.  31  L.R.A. 
(N.S.)  332. 

III.  Effect  of. 

§  8.  Generally. 

Interruption  of  running  of  limitations  by, 
see  Limitation  of  Actions,  §  61. 

Effect  generally.    24  L.R.A.  380. 

Effect  of  appointment  of  assignee  of  cor- 
poration on  compensation  of  officers, 
agents,  or  employees  for  unexpired 
term.  51  L.R.A.  146. 

Effect  of,  on  fire  insurance.  15  L.R.A. 
(N.S.)  827. 

Assignment  of  judgment  for  benefit  of  cred- 
itors as  affecting  attorney's  lien  there- 
on.    37  L.R.A. (N.S.)    228. 

Effect  of  foreign  assignment  on  personal 
property,  where  no  rights  of  creditors 
are  involved.     17  L.R.A. (N.S.)    173. 

To  whom  notice  of  protest  or  nonpayment 
of  bill  or  note  should  be  given  after 
appointment  of  assignee.  61  L.R.A. 
900. 

§  9.  On  right  of  set-off. 

Assignee's  right  of  set-off  in  case  of  bank- 
ruptcy.    55  L.R.A.  54. 

Right  of  bank  to  set  off  unmatured  claim 
against  deposit  account  of  insolvent 
debtor.     15  L.R.A.  710. 

Effect  of  immaturity  of  claim  at  time  in- 
solvency occurs  upon  right  of  set-off. 
17  L.R.A.  456. 

Right  to  set  off,  against  insolvent;  claims 
purchased  after  insolvency.  21  L.R.A. 
280. 

Right  to  set  off  insolvent's  claim  in  hands 
of  assignee  for  creditors.  23  L.R.A. 
313. 


INDEX  TO  L.R.A.  NOTES. 


59 


ASSIGNMENT    FOR    CREDITORS,    III.— 

cont'd 
§   10.  AVhat  passes  by;   assets. 

Transfer  of  trademark  by,  see  Trademark, 
§  5. 

Transfer  of  property  out  of  state  by.  23 
L.R.A.  33;  65  L.R.A,  353. 

Whetlier  cause  of  action  for  personal  in- 
juries passes  to  assignee.  44  L.R.A. 
180. 

"Eflcct  of  assignment  by  husband  upon  wife's 
right  of  dower.     18  L.R.A.  77. 

"Will  right  of  action  for  malicious  attach- 
ment of  property  pass  to  trustee  in 
bankruptcy  or  assignee  for  creditors. 
"21   L.R.A.  (N.S.)    727. 

Land  charged  with  the  payment  of  a  leg- 
acy.     30    L.R.A. (N.S.)    822. 

Life  insurance  as  assets  of  bankrupt.  50 
L.R.A.  33;   46  L.R.A.  (N.S.)    148. 

Option  to  receive  cash-surrender  value  or 
policy  having  a  cash-surrender  value 
as  an  asset  passing  to  assignee  for 
creditors.     16  L.R.A.  (N.S.)    318. 

IV.  Rights  and  dtities  of  assignee. 

§   11.  Generally. 

Right  of  assignee  for  creditors  to  notice 
to  redeem  from  tax  sale.  44  L.R.A. 
(N.S.)   G68. 

Right  of  lessor  as  against  assignee  for  cred- 
itors of  lessee  to  declare  forfeiture  for 
breach  of  conditions  or  covenants  prior 
to  appointment.     L.R.A.1915B,  998. 

"Right  of  assignee  for  creditors  to  compro- 
mise claims.     23  L.R.A.  578. 

Power  to  accept  notice  of  protest.  61 
L.R.A.   900. 

Liability  for  rent  of  premises  occupied  by 
receiver  or  assignee  for  creditors.  59 
L.R.A.  673. 

Kight  of  assignee  for  creditors  to  question 
validity  of  attachment.     35  L.R.A.  776. 

Right  of  assignee  to  liave  judgment  against 
assignor  set  aside.     54  L.R.A.  762. 

Right  of  assignee  for  creditors  to  complain 
of  failure  to  record  contract  of  condi- 
tional sale.    L.R.A.1917C,  442. 

Eight  of  assignee  for  creditors  of  purchaser 
of  goods  sold  for  cash  but  delivered 
without  payment.  13  L.R.A.(N.S.) 
704. 

Right  of  assignor  to  complain  of  sale  made 
by  assignee  for  creditors.  19  L.R.A. 
(N.S.)    682. 

Right  of  seller  to  reclaim  goods  as  against 
assignee  for  creditors  of  buyer,  who 
procured  them  by  false  representations. 
17   L.R.A.(N.S.)    1032. 

§   12.  Actions    l>y    assignee. 
To  enforce  stockholders'  liability,  see  Cor- 
porations, §  116a. 

Assignee  for  creditors  as  real  party  in  in- 
terest by  wliom  action  must  be  brought. 
64  L.R.A.  610. 

Right  of  assignee  to  sue  in  other  state.  23 
L.R.A.  42. 

Right  of  assignee  for  creditors  to  maintain 
partition.     20  L.R.A. (N.S.)    105. 

Consult  also  L.R.A.  Digests  of  Ca^es. 


ASSIGNMENT  FOR  CREDITORS,  IV.— 
cont'd 

Injunction  in  favor  of  assignee  for  credit- 
ors to  prevent  execution  sale.  30 
L.R.A.  124. 

Collection  of  notes  by  assignee  of  creditors 
of  mutual  fire  insurance  company.  32 
L.R.A.  486. 

Right  of  assignee  to  recover  statutory 
added  liability  of  corporate  sharehold- 
er.    31  L.R.A. (N.S.)   365. 

Right  of  assignee  to  enforce  stockholder's 
liability  outside  state  of  incorporation 
33   L.R.A. (N.S.)    897. 

§   13.  Bond  of  assignee. 

Effect  upon  surety  on  bond  of  assignee,  of 
judgment  against  principal.  40  L.R.A. 
(N.S.)    720. 

V.  Validity. 

§   14.  Generally. 

Law  governing  validity.     17  L.R.A.  84. 

Necessity  of  participation  of  assignee  or 
beneficiaries  in  fraud  of  assignor  to 
invalidate   assignment.     32   L.R.A.   44, 

Admissibility  of  declarations  by  assignor 
made  out  of  court  as  to  his  purpose  in 
making  the  assignment  attacked  as 
fraudulent  as  against  creditors.  41 
L.R.A.(N.S.)    L 

§    14a.  Effect  of  provision  for  release. 

The  rule  in  general.     50  L.R.A. (N.S.)    7ir). 
As   a    condition    of   preference.      50    L.R.A. 

(N.S.)   730. 
Release  given  prior  to  or  with  assignment. 

50  L.R.A.(N.S.)   733. 
Assignment  of  part  only   of  property.     50 

L.R.A.(N.S.)   734. 
Effect  of  debtor's  relinquishment  of  benefit 

of   release   clause   of  execution   of   new 

assignment.    50  L.R.A. (N.S.)  743. 
Time   for   assent   and   execution   of   release. 

50  L.R.A.(N.S.)    744. 
Construction    of    particular    provisions    of 

assignments  or  of  statutes.     50  L.R.A. 

(N.S.)  746. 


VI.  Preferences  and  priorities. 

§   15.  Preferences    by    debtor. 

Preferences  by  insolvent  generally,  see  In- 
solvency, §  3. 

Right  of  insolvent  debtor  to  make  prefer- 
ences, generally.     11   L.R.A.  466. 

Assignment  with  preferences.  6  L.R.A, 
571;   12  L.R.A.  808. 

In  case  of  partnership  assignment.  10 
L.R.A.   523. 

Necessity  of  naming  preferred  creditors  in 
an  assignment.     8  L.R.A.  693. 

Preference  by  mortgage  or  sale  as  an  as- 
signment.    37  L.R.A.  337. 

Law  determining  validity  of  preference. 
65  L.R.A.  360;  L.R.A.1916A,  1041. 

Law  determining  validity  of  discrimination 
between  residents  and  nonresidents.  65 
L.R.A.   354. 


60 


INDEX  TO  L.R.A.  NOTES. 


ASSIGNMENT  FOR  CREDITORS,  VI.— 
cont'd 

§  16.  KJYect  of  preferring  usurious 
debt  in  assignment. 

General  doctrine.     41  L.R.A.  707. 

Deed  of  assifjnment  rendered  void.  41 
L.R.A.  708. 

Preference  of  actual  debt  sustained,  but 
usury   rejected.     41    L.R.A.    709. 

Preference  of  usurious  debt  sustained  gen- 
erally.    41  L.R.A.  710. 

Who  may,  and  who  may  not,  urge  the  usu- 
rious character  of  the  debt  preferred. 
41  L.R.A.  711. 

§17.  Claims   entitled   to  priority. 

Against  insolvent  estate  generally,  see  In- 
solvency,  §§   6-8. 

Of  claims  of  laborers.     18  L.R.A.  305. 

Depoait  by  broker  or  factor  to  his  own 
account  of  proceeds  of  sale  of  custom- 
er's stock  or  property  as  creating  a 
trust  entitled  to  a  preference.  27 
L.R.A.(N.S.)  808. 

Priority  of  foreign  attachment  over  for- 
eign assignment  for  creditors.  17 
L.R.A.    88. 

Sufficiency  of  assignment  to  confer  priority 
on  claim  of  United  States.  29  L.R.A. 
232. 

VII.  •Rights  and  duties  of  creditors. 

§    18.  Generaily. 

Garnishable  character  of  claim  of  creditor 
in  estate  created  by  voluntary  assign- 
ment of  debtor.     L.R.A.1918F,  443. 

Attachment  of  property  in  hands  of  as- 
signee for  creditors.    26  L.R.A.  593. 

When  creditor  has  successfully  assailed  as- 
signment or  deed  of  trust.  64  L.R.A. 
.■543. 

Right  of  creditor  to  participate  under  as- 
signment or  deed  of  trust  for  the  bene- 
fit of  creditors  which  he  has  repudiated. 
54  L.R.A.  343. 

When  cieditor's  attack  on  assignment  or 
dood  of  trust  has  failed.  54  L.R.A. 
345. 

When  creditor's  attack  on  assignment  or 
deed  of  trust  is  still  pending  and  unde- 
termined.    54  L.R.A.  350. 

Right  of  simple  contract  creditor  to  the 
appointment  of  a  receiver  of  the  prop- 
erty of  his  debtor  where  the  assignee 
to  whom  the  debtor  has  made  an  assign- 
ment is  insolvent.     L.R.A. 1918C,  638. 

Treatment  of  collateral  held  by  creditor. 
L.R.A.1918B,  1024. 

When  may  local  venue  for  suit  against  as- 
signee for  benefit  of  creditors  joined 
with  suit  against  debtor,  be  disregard- 
ed upon  the  ground  that  the  action  is 
ancillary  or  incidental.  L.R.A.1916D, 
1135. 
VIII.  Rights    against    assignor. 

§19.  Generally. 

Riglit  to  maintain  action  to  recover  prop- 
erty in  specie  against  one  wlio  has 
made  an  assignment  for  his  creditors. 
18   L.R.A.  (N.S.)    1272. 

Fraudulent  assignment  for  creditors  as 
ground  of  attachment.     30  L.R.A.  480. 

Begin  with  this  booTc  tm  every  law  question 


ASSIGNMENT    OF   ERROR. 

On  appeal,  see  AppeWlL  and  Error,  §§  23b, 
23c. 

As  part  of  record  on  writ  of  error  to  state 
court  from  United  States  Supreme 
Court.     63  L.R.A.  333. 


ASSIGNMENT  WITHOUT  RECOURSE, 

Effect  of,  on  right  of  set-off  against  as- 
signee of  commercial  paper.  23  L.R.A. 
331. 


ASSISTANCE. 

To  passenger,  see  Carriers,  §  68. 

Issuance  of  writ  of  assistance  to  put  pur- 
chaser at  execution  sale  in  possession. 
52  L.R.A.(N.S.)   697. 


ASSISTANTS. 


To  prosecuting  attorney,  see  District  and- 

Prosecuting  Attorney,  §  2. 
See  also  Deputy. 

Implied  power  of  municipality  to  create 
office  of  assistant  to  incumbent  to 
office  which  is  expressly  authorized, 
26  L.R.A. (N.S.)   660. 

Does  privilege  as  to  communication  or  in- 
formation acqvurcd  by  pliysician  extend 
to  assistant  physician.  16  L.R.A. 
(N.S.)   887;   L.R.A.1915F,  891. 

Improper  influence  or  interference  with 
grand  jury  by  assistant  prosecutors, 
28  L.R.A.  370. 


ASSISTING. 


Criminal    responsibility    for    assisting    in 

crime,  see  Criminal  Law,  §  25. 
To  assisting  voter,  see  Elections,  §  14a. 

In  preparing  ballots  rendered  by  unauthor- 
ized person  as  aifecting  their  validity. 
29    L.R.A. (N.S.)     1170": 

Effect  of  assisting  physically  in  creation  of 
condition,  on  riglit  to  recover  for  dam- 
ages to  property  caused  thereby.  42 
L.R.A.(N.S.)    709. 


ASSOCIATE. 


23 


§   I.  Generally. 

Proof  of  one's  intent  by  his  associate 

L.R.A. (N.S.)    401. 
Liability  of  physician   or  surgeon   for  acts 

of."  42  L.R.A. (N.S.)    785. 


INDEX  TO  L.R.A.  NOTES. 


61 


ASSOCIATE— cont'd 

§  2.  Associate  counsel. 

Attorney's  right  to  withdraw  from  suit  be- 
cause of  employment  of  associate  coun- 
sel.    35  L.R.A'.(N.S.)    962. 

Attorney's  implied  power  to  employ  asso- 
ciate   counsel.      23    L.R.A.(N.S.)     705. 

Riglit  of  accused  to  complain  because  prose- 
cution is  conducted  or  assisted  by  un- 
official member  of  bar.  24  L.R.A. 
(N.S.)    564;   47  L.R.A.(N.S.)    1106. 


ASSOCIATE  COUNSEL. 


See  Associate,  § 


ASSOCIATIONS. 


§  1.  Generally. 

Bar   associations,    see   Bab   Associations. 

Benevolent  associations,  see  BENEVOLENT 
Societies. 

For  purpose  of  insurance,  see  Insurance, 
11. 

Patriotic  societies,  see  Patriotic  Society. 

Relig  ous  societies,  see  Religious  Socie- 
ties. 

As  to  clubs,  see  Clubs. 

Labor  organizations,  see  Conspibacy,  §§  4- 
8;  Labor  Organizations. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  45. 

Validity  of  contracts  with  or  as  to,  see 
Contracts,  §  93-96. 

Jurisdiction  over,  see  Courts,  §§  11,  12. 

Restriction  on  power  to  take  under  will, 
see  Wills,  §§  72,  73. 

Effect  of  agreement  to  share  profits  to 
create.      18   L.R.A.(N.S.)    1093. 

Unincorporated,  right  of  action  against. 
2  L.R.A.(N.S.)   789. 

Failure  to  account  for  funds  of,  as  theft, 
larceny,  or  embezzlement.  31  L.R.A. 
(N.S.)    823. 

Liability  of  corporation  formed  by  associa- 
tion for  debts  of  old  concern  in  absence 
of  express  assumption  or  fraud.  29 
L.R.A.(N.S.)   589. 

Taxation  of  capital  stock  of.  58  L.R.A. 
526. 

Restrictions  on  insurance  by  unincorporat- 
ed associations.     25  L.R.A.  238. 

Conclusiveness  of  decisions  of  tribunals  of. 
49  L.R.A.  353;  2  L.R.A. (N.S.)   672. 

Relationship  to  private  corporation  or  as- 
sociation for  profit  which  will  dis- 
qualify juror.  40  L.R.A. (N.S.)  973, 
978. 

Right  of  benevolent,  fraternal,  or  social 
order  to  protection  against  use  of 
name,  insignia,  ritual,  etc.,  by  an- 
other organization.  L.R.A.1915B, 
1074. 

§  2.  As  trustee  or  beneficiary  of  char- 
ity. 

As  trustee  of  charitable  bequest.     32  L.R.A. 

630;    14  L.R.A. (N.S.)    114. 
Consult  also  L.R.A.  Digests  of  Cases. 


ASSOCIATIONS— cont'd 

As  beneficiary  of  charitable  bequest.  14 
L.R.A.  (N.S.)  142;  37  L.R.A.  (N.S.) 
1019. 

Validity  of  gift  to  unincorporated  charity. 
32  L.R.A.  625. 

Effect  of  subsequent  incorporation  to  make 
valid  gift  to  an  unincorporated  asso- 
ciation.    14  L.R.A.  410. 

§  3.  Members. 

In  benevolent  society,  see  Benevolent  So- 
cieties, §  3;  Insurance,  §  105. 
Members  of  club,  see  Clubs,  §  2, 
Of   religious    societies,    see   Religious    So- 
cieties,  §§    11-13. 

Infant  as  member  of  co-operative  insurance 
company.     17  L.R.A.  547. 

Relations  and  rights  of  syndicate  members. 
40  L.R.A.  216. 

Membership  in  association  as  condition  of 
right  to  transact  particular  kind  of 
business.     6  L.R.A. (N.S.)   433. 

Forbidding  student's  affiliations  with  se- 
cret society.  7  L.R.A.  (N.S.)  352; 
L.R.A.1915D,  588. 

Liability  of  members  of  mutual  fire  insur- 
ance companies.     32  L.R.A.  481. 

Qualified  privilege  of  communication  be- 
tween members  of  association  or  pri- 
vate corporation.  26  L.R.A.  (N.S.) 
1080. 

Right  to  prohibit  wearing  of  badge  by  non- 
member.     24  L.R.A.(N.S.)    795. 

Acquittal  in  criminal  court  as  bar  to  ex- 
pulsion of  member  of  association  for 
same  acts.     50  L.R.A.(N.S.)    579. 

Wrongful  expulsion  or  violation  of  property 
rights  of  member  as  ground  for  disso- 
lution of  association.  L.R.A.1918B, 
310. 


ASSUMED  NAME. 

See  Name,  §  8. 

♦-•-♦ • 


ASSUMPSIT. 

I.  In  general,  §   1. 
II.  Recovery  hack  of  money  paid,  §§  2- 
10. 

I.  In  general. 

§  1.  Generally. 

Election  to  sue  in,  see  Election  of  Reme- 
dies, §  3. 

Right  to  sue  on  contract  with  third  per- 
son generally,  see  Parties,  §§  12-17. 

Necessity  of  pleading  statute  of  frauds  in 
action  of  assumpsit.  49  L.R.A. (N.S.) 
43. 

Sufficiency  of  common  counts  under  the 
Code.     34   L.R.A.(N.S.)    364. 

Admissibility  of  proof  that  money  or  prop- 
erty was  obtained  by  fraud,  under  the 
common-law  count  for  money  had  and 
received.     L.R.A.1918F,  439. 

On  contract  with  third  person.  25  L.R.A. 
262. 

On  partly  performed  contract  for  services. 
24  L.R.A.  233. 


62 


INDEX  TO  L.R.A.  NOTES. 


"ASSUMPSIT,  I.— cont'd 

For  repairs  and  improvements.  29  L.R.A, 
452,   459. 

Against  cotenant  for  use  and  occupation  or 
rents  and  profits.  28  L.R.A.  844;  29 
L.R.A.(N.S.)    231. 

By  administrator  dc  bonis  non  for  money 
and  balance  due  from  predecessor.  40 
L.R.A.  73,  74. 

Recital  of  money  consideration  in  deed  as 
contractual  in  action  of.  68  L.R.A. 
926. 

Effect  of  admission  to  change  burden  of 
proof  and  riglit  to  open  and  close.  61 
L.R.A.   534,  540. 

Right  of  one  whose  property  has  been  tak- 
en for  public  use  without  his  consent 
and  Avithout  condemnation  proceedings 
to  maintain  action  for  compensation. 
28  L.R.A.(N.S.)  968. 

Right  of  party  to  ultra  vires  contract  of 
corporation  to  maintain  action  for 
money  had  and  received.  L.R.A.1917A, 
1028. 

Action  for  money  had  and  received  by  true 
owner  of  a  check  against  the  drawee 
bank  which  has  paid  it  on  a  forged  in- 
dorsement.   L.R.A.1918C,  614. 

Action  for  money  had  and  received  as 
proper  remedy  to  recover  damages  for 
breach  of  contract.     L.R.A.1918E,  781. 

Right  of  mortgagor  or  owner  of  equity  of 
redemption  to  maintain  action  for 
money  had  and  received  for  sur- 
plus received  by  mortgagee  on  sale 
of  property.  '44  L.R.A.  (N.S.)  1041. 

Against  guardian  after  termination  of 
guardianship,  but  before  settlement  of 
account.      26    L.R.A. (N.S.)    789. 

II.  Recovery  hade  of  money  paid. 

§   2.  Generally. 

Recovery  back  of  monev  paid  out  bv  bank, 
see  Banks,  §  28,  29. 

Recovery  back  oif  payments  made  on  bills 
or  "notes,  see  Bills  and  Notes,  §  73. 

Recovery  back  of  over  payment  of  debts  due 
by  decedent's  estate,  see  Executoks 
AND  Administrators,  §  46. 

Recovery  liack  of  insurance  premiums  or  as- 
sessments, see  Insurance,  §§  116-118. 

Monev  paid  on  judgment,  see  Judgment, 
§  77.       , 

Protest  as  condition,  see  Protest,  §  3. 

Recovery  back  of  purchase  money,  see  Pur- 
chase Money,  §  4;  Sale,  §§  47,  52; 
Vendor  and  Purchaser,  §  14. 

Assumpsit  not  prosecuted  to  judgment  as 
a  conclusive  election  of  remedies, 
L.R.A.1917D,  658. 

Right  in  absence  of  statutory  provision 
therefor  to  recover  back  usurious  pay- 
ments.    L.R,A.1918B,  585. 

Recovery  back  of  premiums  or  assessments 
paid  after  insured's  death  or  disappear- 
ance.    L.R.A.1918D,  1188. 

Recovery  back  of  money  paid  on  rescission 
or  abandonment  of  contract.  30  L.R.A. 
50. 

Money  paid  to  a  corporation  in  expectation 
of  receiving  corporate  stock  which  is 
never  issued.     L.R.A.1918E,  754. 

Riglit  to  recover  back  tax  voluntarily  re- 
funded.    45  L.R.A. (N.S.)    753. 


ASSUMPSIT,  II.— cont'd 

Destruction  of  premises  as  affecting  rent 
paid  or  pavable  in  advance.  33  L.R.A. 
(N.S.)    540. 

Liability  of  creditor  who  accepts  as  pay- 
ment from  debtor,  check  of  third  per- 
son whicli  has  been  wrongfully  pro- 
cured by  debtor.     13  L.R.A. (N.S.)   273. 

Drawee's  riglit  to  recover  money  paid  on 
forged  check  or  draft.  10  L.R.A.(N.S.) 
49;  25  L.R.A.(N.S.)  1308;  29  L.R.A. 
(N.S.)    100. 

Right  of  drawer  of  forged  check  or  draft  to 
recover  money  paid  thereon.  L.R.A. 
1915A,  77. 

Recovery  back  of  money  paid  under  con- 
tract to'  a  foreign  corporation  which 
had  not  complied  with  conditions  of 
doing  business  in  the  state.  38  L.R.A. 
(N.S.)    210. 

Right  of  first  assignee  of  claim  to  recover 
from  second  assignee  the  amount  col- 
lected by  latter  on  the  claim.  30 
L.R.A. (N.S.)    807. 

Right  of  purchaser  to  compel  return  of  ad- 
vance payment  on  resale  by  vendor 
after  purchaser's  default.  35  L.R.A. 
(N.S.)    532. 

Admissibility  of  books  of  account  to  show 
money  paid  out.    52  L.R.A.  703. 

§   3.  For  money  paid  under  mistake. 

Recovery  back  of  payment  made  in  igno- 
rance of  insolvencv,  see  Insolvency, 
§  2. 

Right  to  recover  back  money  paid  under  a 
mistake,  where  the  money  was  legally 
collectable  at  the  time  of  pavnient. 
L.R.A.1916F,   538. 

Right  to  recover  back  overpayment  made 
in  ignorance  or  forgetfulness  of  pre- 
vious payments.     24  L.R.A. (N.S.)    517. 

Right  of  insurance  company  to  recover  back 
money  paid  in  settlement  of  policy  o  i 
life  of  one  erroneously  supposed  to  be 
dead.     11  L.R.A.  (N.S."^)   234. 

Right  of  agent  to  recover  money  erroneous- 
Iv  paid  to  third  person.  4  L.R.A. 
(N.S.)   363. 

Right  of  bank  to  recover  amount  paid  on 
check  or  other  paper  drawn  upon  it 
or.  payable  at  it  under  mistaken  belief 
that  there  were  sufficient  funds  to 
meet  it.  23  L.R.A. (N.S.)  1092;  33 
L.R.A.(N.S.)    1023:    L.R.A.1918F,    811. 

Right  to  recover  payment  made  to  third 
person  under  a  mistake  as  to  the  valid- 
ity of  the  obligation  of  the  payer  to 
the  party  in  whose  behalf  it  was  made. 
L.R.A.1918C,  177. 

Alteration  of  position  by  payee  as  affecting 
right  to  recover  back  money  paid  under 
mistake.     L.R.A.1917E,  349. 

When  limitations  begin  to  run  against  ac- 
tion to  recover  money  paid  bv  mistake. 
11  L.R.A.(N.S.)    1191. 

Right  to  recover  back  license  fee  volunta- 
rily paid  under  mistake  of  law.  22 
L.R.A.(N.S.)  863;  49  L.R.A.(N.S.)  387. 

§  4.  For  money  paid  under  compul- 
sion. 

Right  to  recover  back  money  paid  to  sup- 
press a  threatened  prosecution  for  a 
crime.    L.R.A. iniSC.  73. 


liegin  with  tJiin  linoh  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


63 


ASSUMPSIT,  II.— cont'd 

Recovery  of  money  paid  to  labor  union  to 
avoid    boycott.      4    L.R.A.(N.S.)     1198. 

Recovery  by  member  of  labor  union  of  un- 
lawful fine  paid  under  duress.  45 
L.R.A.(N.S.)  355. 

Right  to  recover  back  amount  deposited 
for  release  of  person  illegally  detained. 
2  L.R.A.(N.S.)    563. 

Right  of  purchaser  to  recover  amoimt  paid 
to  relieve  land  from  tax  from  one  who 
should  have  paid  the  same  but  with 
whom  he  had  no  contractual  relation- 
ship.    22  L.R.A.(N.S.)   562. 

Money  paid  under  duress  of  real  property 
L.R.A.1915B,  408. 

Right  to  recover  back  license  fee  unlawful- 
ly enacted  under  color  of  authority. 
22  L.R.A.(N.S.)  862;  49  L.R.A.(N.S.) 
387. 


§  5.  In  case  of  fraud. 

See  Fraud  and  Dbxjeit,  §  39. 

§  6.  Kccovery  from  agent  or  attorney. 

Against  one  who,  without  authority,  as- 
sumes to  contract  as  agent  for  another. 
34   L.R.A.(N.S.)    535. 

Right  to  recover  from  agent  money  paid 
him  for  his  principal.  23  L.R.A. 
(N.S.)    553. 

Right  of  principal  to  recover  from  broker 
or  other  agent  commissions  which  lat- 
ter received  from  other  partv  to  the 
contract.      28    L.R.A. (N.S.)     952. 

Liability  of  auctioneer  or  clerk  of  auction 
for  return  of  monev.  35  L.R.A.  (N.S.) 
481.  ■  ' 

Right  of  tliird  person  to  recover  from  agent 
money  paid  him  for  his  principal. 
L.R.A. 1916D,  1041. 

Wlicn  limitations  begin  to  run  against  ac- 
tion to  recover  money  collected  bv 
agent.      17   L.R.A.  (N.S.")    660. 

Wi{ii  limitations  begin  to  run  against  ac- 
tion to  recover  money  collected  by  at- 
tornev.  17  L.R.A.  (N.S.)  667;  .51 
L.R.A". (N.S.)    279. 

§  7.  Recovery  from  public  service  cor- 
poration. 

Recovery  back  of  overcharge  for  water,  see 
Waters,  §  123. 

Recovery    back    of    excessive    payments    to 

public  service   corporation.      18  L.R.A. 

(N.S.)     124. 
Right  of  shipper  to  recover  back  charge  in 

excess    of    contract    rate.       38    L.R.A. 

(N.S.)    353. 

§  8.  Recovery  from  public  or  officer. 

Recovery  back  of  compensation  paid  to  pub- 
lic officer,  see  Officers,  §  36. 
Recovery  back  of  taxes  paid,  see  Taxes,  §§ 

86,"87. 

Right  to  withdraw  bid  for  public  contract 
and  recover  deposit.     L.R.A.1915A,  225. 

To  recover  back  money  paid  for.  drains 
and   sew(  rs.     60   L.R.A.   248. 

Cortftiilt  o7so  L.R.A.  Dir/ests  of  Cases. 


ASSUMPSIT,  II.— cont'd 

Recovery  of  money  loaned  a  county  on  in- 
valid contract  to  pay  its  indebtedness. 
15  L.R.A.  (N.S.)   567. 

Claim  against  state  for  money  paid.  42 
L.R.A.  69. 

Recovery  of  fees  exacted  by  public  officer 
for  performing  act  for  which  he  was 
not  authorized  to  demand  compensa- 
tion.     15   L.R.A. (N.S.)    183. 

§   9.  — license  fees. 

Fee  for  liquor  license,  see  Intoxicating 
Liquors,  §  16. 

Recovery  back  of  license  fee  paid  for  use  of 
stre'ets  by  vehicles.     36  L.R.A.  416. 

Right  to  recover  back  license  fee  unlaw- 
fully exacted  under  color  of  au- 
thority. 22  L.R.A.  (N.S.)  862;  49 
L.R.A. (N.S.)  387. 

Voluntariness  of  payment  of  license  fee 
unlawfully  exacted  under  color  of 
authority.     22    L.R.A. (N.S.)    872. 

§   10.  Recovery  by  public. 

Right  of  municipal  corporation  to  recover 
back  money  paid  out  in  violation  of 
the  Constitution.     13  L.R.A. (N.S.)   157. 

Right  to  recover  back  public  money  appro- 
priated to  sectarian  institution.  19 
L.R.A.(N.S.)    171. 


ASSUMPTION  OF  DEBTS. 

Of  mortgage,  see  Mobtg\ge,  §§  40-46. 

By  partnership  of  individual  debts  of  part- 
ners, see  Partnership,  §  13. 

On  dissolution  of  partnership,  see  Part- 
nership, §  37. 

Assumption  of  other  debts  by  grantee  a? 
participation  in  debtor's  fraudulent  in- 
tent.    31  L.R.A.  621. 

By  purchaser  from  insolvent  debtor.  32 
L.R.A.  66. 

Right  of  creditor  after  promisor's  bank- 
ruptcy to  adopt  and  enforce  his  as- 
sumption of  another's  debt.  39  L.R.A. 
(N.S.)    874. 

Assumption  by  grantee  of  obligation  to 
contribute  to  cost  of  party  wall.  66 
L.R.A.  701. 

By  agent  as  payment,  17  L.R.A. (N.S.) 
607. 

Right  of  creditor  after  promisor's  bank- 
ruptcy to  adopt  and  enforce  his  as- 
sumption of  another's  debt.  39  L.R.A. 
(N.S.)    874. 

Parol  evidence  to  show  that  grantee  of  deed 
assumed  existing  liens.  25  L.R.A. 
(N.S.)   1202. 

Relief  from  mistake  of  law  as  to  assump- 
tion of  encumbrance.  28  L.R.A. (N.S. ) 
819. 

Eflfect  of  assumption  of  obligation  before 
notice  of  defective  title  to  sustain  bona 
fide  character  of  purchaser  of  realty. 
7  L.R.A. (N.S.)    1020. 

Of  predecessor,  bv  consolidated  railroad 
company.     23  L.R.A.  231. 


64 


INDEX  TO  L.R.A.  NOTES. 


ASSUMPTION  OF  DEBTS— cont'd 
What  unsoc-ured  claims  are  covered  by  ex- 
press assumption  by  one  corporation 
of  indebtedness  of  another  on  consoli- 
dation, merger,  or  absorption.  26 
L.R.A.(N.S.)  1101. 
Right  of  one  who  purchases  'property  and 
agrees  to  assume  the  debts  of  the  vend- 
or to  claim  exemption  as  to  property 
purchased.     L.R.A.1918D,  885. 


ASSUMPTION  OF  RISK. 

By  passenger,  see  Cabmebs,  §§  84a,  85. 
By  infant,  see  Infants,  §  41. 
By    servant,    see    Masteb    and    Sebvant, 
III.  b. 

Of  safety  of  wharf  or  dock.    61  L.R.A.  955. 


ASTROLOGY. 


Prohibition  of  fortune  telling  by.    43  L.R.A. 
(N.S.)    203. 


ASYIiUM. 

For  insane,  see  Insane  AsTiitrM. 
S?e  also  Extradition. 


ATHLETIC  PERFORMANCES. 

Homicide  while  engaged  in.    63  L.R.A.  383. 

#-•-♦ 

ATTACHMENT. 

I.  In  general,  §  1. 
II.  When  lies,   §§  2-6. 
III.  Effect;  lien;  priorittf,  §§   7-9. 
IV.  Procedure,    §§  10-20. 

I.  In  general. 

%   1.  Generally. 

Levy  of,  see  Levy  and  Seizure. 

Liability     for     wrongful     attachment,     see 

Abuse  of  Process;  Levy  and  Seizure, 

§§  10-15;  Malicious  Pbosecution. 
Conflict   of   laws   as   to,   see   Conflict  of 

Laws,  §  40. 
As  condition  precedent  to  equitable  remedy 

of  creditors,  see  Creditobs'  Bill,  §  2. 
Property    subject    to    levy,    see    Levy    and 

Seizube,  §§  2-7. 
Exemption  from,  see  Exemptions,  II. 
As  to  garnishment,  see  Gabnishment. 

When  statute  begins  to  run  against  action 
by  private  person  based  on  breach  of 
duty  bv  public  officer  in  connection 
with  attachment.     52  L.R.A.(N.S.)  707. 

Corporations  as  persons  under  laws  relat- 
ing to  attachment.     If)  L.R.A.  224. 

Begin  with  this  hoolc  on  every  law  question 


ATTACHMENT,  I.— cont'd 

Notice  sufficient  to  put  purchaser  pending, 
on  inquiry  as  to  vendor's  fraudulent 
intent.     32  L.R.A.  61, 

Availability  of  defense  of,  to  maker  against 
transferee  after  maturitv.  46  L.R.A. 
778. 

First  and  last  days  in  computing  time  on. 
49  L.R.A.  223. 

Failure  to  comply  with  surety's  demand  to 
attach  property  of  the  debtor.  L.R.A. 
1918C,  51. 

Release  of  indorser  of  note  by  failure  to 
take  out  attachment  against  maker. 
18  L.R.A.  (N.S.)   550. 

Appointment  of  receiver  to  preserve  status 
quo  pending  attachment  proceedings. 
38  L.R.A.(N.S.)  232. 

Does  the  right  to  attach  property  fraudu- 
lently conveyed  start  the  statute  of 
limitations  as  against  the  right  to  file 
a  creditors'  bill.     2   L.R.A.  (N.S.)    988. 

Foreign  attachment  as  condition  precedent 
to  equitable  remedy  against  debtor.  23 
L.R.A.(N.S.)   121. 

Liability  of  officer's  bond  for  failure  to  re- 
turn money  deposited  to  avoid  execu- 
tion of  writ.     39  L.R.A.(N.S.)   577. 

Liability  of  judicial  officer  for  issuing.  44 
L.R.A.{X.S.)    172. 

Against  state  officer,  as  suit  against  the 
state.     44  L.1{.A.(N.S.)    218. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  attach- 
ment laws.     40  L.R.A. (N.S.)    436. 

Loss  of  proHts  as  element  of  damages  for 
wrongful  attachment.  46  L.R.A. (N.S.) 
470. 

//.  Witen  lies. 

§   2.  Generally. 

Right  to  attachment  or  order  of  arrest  in 
breach  of  promise  case.    59  L.R.A.  954. 

§  3.  Against  whom  generally. 
Against  firm  or  partner,  see  Pabtnebship, 
§11. 

Against  one  having  legal  title  to  land  in 
name  of  another.     22  L.R.A,  258. 

Against  executor  or  administrator.  47 
L.R.A.  356. 

Against  stakeholder  or  depositary  of  funds 
to  \ye  iield  in  connection  with  an  il- 
legal transaction.     L.R.A.1918F,  972. 

Right  of  creditor,  who  is  also  a  stockholder 
of  an  insolvent  corporation,  to  -attach 
property  of  corporation,  as  affected  bj' 
his  own  statutory  liability.  41  L.R.A. 
(N.S.)   987. 

§  4.  In    case   of   non residence. 

Attacliment  proceeding  against  alien  enemy. 

5  B.  R.  C.  597;  L.R.A.1918B,  198. 
What   is   nonresidence   for  the   purpose  of 

altachment.      19    L.R.A.    665;     L.R.A. 

191.-) A,  400. 
When  does  nonresidence  of  person  intend- 
ing  to    leave    permanently,    begin.  ,   1 

L.R.A.(N.S.)    778. 
Determination    of    status    by    residence    of 

debtor   in   case   of   foreign   attachment. 

17  L.R.A.  87. 


INDEX  TO  L.R.A.  NOTES. 


66 


ATTACHMENT,  II.— cont'd 

§  5.  Against  foreign  corporation. 

Liability  of  foreign  corporation  which  has 
complied  with  conditions  of  doing  busi- 
ness in  state  to  attachment  as  non- 
resident. 31  L.R.A.(N.S.)  278;  L.R.A. 
1915D,  116. 

§  6.  For  fraud. 

What  iiitont  to  defraud  will  sustain  an  at- 
tachment.    30  L.R.A.  465. 
Right  of  creditors  to  attack  attachment  for 

fraud  and  collusion.     35  L.R.A.  779. 
Liability    of    property    of    one   partner   for 

fraud  of  copartner.     25  L.R.A.  645. 

///.  Effect;  lien;  priority. 

8    7.  Kffect  of.   generally. 

Loss  of  lien  by  issuing,  see  Liens*  §  19. 

Waiver  of  lien  of  chattel  mortgage  by  a,t- 
tat'hment.  24  L.R.A.(N.S.)  490;  51 
L.R.A.  (N.S.)    1068. 

Effect  of  attachment  and  sale  of  stranger's 
property.    L.R.A.1917B,  400. 

Effect  of  attacliment  to  cliange  character  of 
action  set  forth  in  complaint.  50  L.R.A. 
fN.R.)    32. 

Effect  of  foreign  attachment.    17  L.R.A.  88. 

Effect  of,  on  marketability  of  title.  38 
L.R.A.(N.S.)   32. 

Effect  of,  as  election  of  remedies  in  case  of 
fraudulent  purchase.     15  L.R.A.  90. 

Attachment  not  prosecuted  to  judgment  as 
a  conclusive  election  of  re'medies.  34 
L.R.A. (N.S.)   309. 

Of  insured  property  as  change  of  interest, 
title  or  possession.  24  L.R.A. (N.S.) 
803. 

Taking  of  property  from  bailee  by,  as  de- 
fense to  him  against  bailor.  33  L.R.A. 
(N.S.)   689. 

Effect  of  attachment  of  real  estate  to  de- 
feat the  right  of  receiver,  subsequently 
appointed  bv  another  court,  to  posses- 
sion.    3  L.R^A.(N.S.)   1073. 

Right  of  attachment  lien  holder  to  set  up 
Statute  of  Limitations  against  other 
creditors  of  his  debtor.  L.R.A.1918C, 
1021. 

P   8.   Priorities. 

Pre-existing  debt  as  consideration  for  mort- 
gage as  against  attachment.  33  L.R.A. 
309. 

Priority  as  between  unrecorded  deed  or 
mortgage  of  real  estate  and  lien  ac- 
quired by  attachment.  L.R.A.1918A, 
1089. 

Priority  as  between  true  owner  and  attach- 
ment creditors  of  one  in  whoso  name  he 
has  placed  stock  on  the  book§  of  the 
corporation.     49   L.R.A.(N.S.)    1159. 

Priority  between  assignee  for  creditors  and 
attaehinsr   creditors.     26   L.R.A.   593. 

Right  of  possession  as  between  receiver  and 
creditor  levying  attachment  on  prop- 
erty.    20  L.R.A.  392. 

Effect  as  against  attachment,  of  pledge  or 
other  transfer  of  corporate  stock  not 
made  in  books  of  company.  67  L.R.A. 
656. 

Consult  also  L.R.A.  Digests  of  Cases.     5 


ATTACHMENT,  III.— cont'd 

Sufficiency  of  attachment  to  confer  priority 

of  claim  of  United  States.     29  L.R.A. 

234. 

§   9.  —  proceedings  in  other  states. 

Right  of  attachment  as  affected  by  appoint- 
ment of  foreign  receiver.    23  L.ll.A.  52. 

Priority  of  foreign  attachment  over  foreign 
assignment.     17   L.R.A.  88. 

Priority  of  foreign  assignment  over  subse- 
quent domestic  attachment.  17  L.R.A. 
85. 

Effect  of  insolvency  pro'cefeditjgs  in  other 
state.    23  L.R.A.  35. 

IV.  Procedure^,  ->!i,.v/i 

§10.  Generally. 

Effect  of  failure  to  index.    14  L.R.A.  395. 

Right  to  break  and  enter  dwelling  to  serve 

writ  of  attachment.     L.R.A.1916D,  283. 
Is  issue  upon  grounds  of  attachment  for 

court  or  jury.    L.R.A.1918B,  344. 

§  11.  Jurisdiction. 

Jurisdiction  of  actions,  aided  by  attachment, 
against  a  resident  of  the  state.  49 
L.R.A.  (N.S.)    .'54,S 

May  a  state  court  protect  an  inchoate  inter- 
est in  real  property  under  an  attach- 
ment in  a  suit  pending  in  a  Federal 
court,  or  vice  versa.  6  L.R.A, (N.S. ^ 
624. 

§  12.  Who  may  question  validity  of 
attachment. 

Right  of  obligor  in  bond  for  release  of  at- 
tached property  to  attack  attach- 
ment.   32  L.R.A.(N.S.)  401. 

§    13.  —creditors. 

What  creditors  may  question  the  validity  of 
attachment.     35  L.R.A.  766. 

How  creditors  may  question  the  validity  of 
attachment.     35  L.R.A.  771. 

For  what  creditors  may  question  the  valid- 
ity of  attachment.     35  L.R.A.  775. 

At  what  stage  of  the  proceeding  creditors 
may  question  the  validity  of  the 
attachment.     35  L.R.A.  782. 

§   14.  Affidavit. 

Requisites  of  affidavit  for  foreign  attach- 
ment.    17  L.R.A.  88. 

Questioning  validity  of  attachment  for  in- 
sufficiency of  affidavits.    35  L.R.A.  778. 

§    14a.  — by  agent  or  corporate  officer. 

Necessity  that  affidavit  in  attachment,  made 
by  agent  or  attorney  of  plaintiff,  shall 
show  personal  knowledge.  14  L.R.A. 
(N.S.)   1126. 

Does  the  description  of  affiant  in  affidavit 
for  attachment  as  a  specified  officer  of 
a  corporation  import  that  he  is  an 
agent  of  the  corporation  as  required  bv 
statute.     14  L.R.A. (N.S.)    1135. 

Is  affidavit  by  officer  of  corporation  to  be 
regarded  as  made  by  its  agent.  10 
L.R.A.(N.S.)   703. 


66 


INDEX  TO  L.R.A.  NOTES. 


ATTACHMENT,  IV.— cont'd 
§    15.  —right  to  amend. 
Generally.     31  L.R.A.  422. 

§16.  Judgment. 

Possibility  of  appeal  from  dieinissal  of  at- 
tachment as  affecting  right  to  with- 
hold proi)ertv  from  debtor.  L.R.A, 
1917B,  591. 

Extent  of  relief  when  process  served  con- 
structively against  nonresident.  50 
L.R.A.  583. 

Judgment  in  attachment  as  res  judicata 
against  chattel  mortgagee.  64  L.R.A. 
366. 

§17.  ]&ond;  damages  for  wrongful  at- 
tachment. 

Filing  bond  to  secure  release  of  property 
as   an   appearance.     L.R.A.1916F,   587. 

Effect  of  bond  or  receipt  given  to  secure 
surrender  of  property  by  officer  as  an 
estoppel  after  it  has  been  returned  to 
officer.    L.R.A.1916F,  942. 

Liability  of  sureties  on  attachment  bond 
where  judgment  is  in  favor  of  one  prin- 
cipal and  against  another.  51  L.R.A. 
fN.S.)    659. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  bond.    L.R.A.1917B,  990. 

Execution  of  bond  on  condition  that  others 
shall  sign.    45  L.R.A.  334. 

Form  of  judgment  on  attachment  bond.  62 
L.R.A.  442. 

Who  is  real  party  in  interest  who  must 
bring  action  on  attachment  bond.  64 
L.R.A.  605. 

Discharge  of  principal  in  bankruptcy  as  re- 
leasing surety  on  attachment  bond.  14 
L.RJ^.(N.S.)  507;  28  L.R.A.  (N.S.) 
234. 

Amendment  of  claim  or  pleading  as  dis- 
charjje  of  sureties  on  bonds  given  to 
dissolve  attachments.  42  L.R.A.(N.S.) 
4.'  4. 

Right  of  obligor  in  bond  for  release  of  at- 
tached property  to  attack  attachment. 
32  L.R.A. (N.S.)  401. 

Loss  of  profits  as  element  of  damages  by 
seizure  under  wrongful  attachment.  52 
L.R.A.  54;   46  L.R.A. (N.S.)   470. 

Recovery  of  exemplary  damages  in  action 
on  attachment  bond  for  malicious  prose- 
cution or  abuse  of  process  in  suing  out 
attachment  for  collection  of  debt.  29 
L.R.A.(N.S.)    275. 

Exemplary  damages  for  suing  out  attach- 
ment for  collection  of  debt  only.  29 
L.R.A.(N.S.)  272. 

Under  what  circumstances  the  wrongful 
levy  of  several  attachments  will  render 
the  attaching  creditors  jointly  liable. 
6  L.R.A. (N.S.)   598. 

Effect  upon  surety  on  attachment  bond,  of 
judgment  against  principal.  40  L.R.A. 
(N.S.)  743;  L.R.A.1918E,  820. 

§  18.  Disi^olution ;  abatement;  termi- 
nation. 

fssuance  and  quashing  of  writ  for  foreign 
attachment.     17  L.R.A.  87. 


ATTACHMENT,  IV.— cont'd 

Law  governing  effect  of  fraudulent  assign- 
ment for  creditors  to  avoid  previous  at- 
tachment.    65  L.R.A.  365. 

Adjudication  of  bankruptcy  of  member  of 
firm  as  affecting  rights  under  an  at- 
tachment by  firm  creditors.  30  L.R.A. 
(N.S.)  787. 

Abatement  by  dissolution  or  expiration  of 
charter  of  corporation.  32  L.R.A. 
(N.S.)   449. 

When  action  in  which  malicious  attachment 
was  issued  is  terminated  so  as  to  sup- 
port suit  for  malicious  prosecution.  2 
L.R.A.(N.S.)  950. 

Nonownership  of  attached  property  a» 
ground  for  dissolution.  47  L.R.A. 
(N.S.)    1127. 

Motion  to  quash  attachment  as  extending 
time  to  plead.    47  L.R.A. (N.S.)  856. 

Possibility  of  appeal  from  dismissal  of  at- 
tachment as  affecting  right  to  with- 
hold property  from  debtor.  L.R.A. 
1917B,  591. 

Power  of  attorney  to  bind  client  by  release 
of  attachment.     L.R.A.1918D,  809. 

§   19.  Injunction  against  or  in  aid  of. 

Injunction  in  aid  of  attachment.  20  L.R.A. 
446. 

Injunction  in  favor  of  attaching  creditors 
against  sale  under  execution  or  subse- 
quent attachment.     30   L.R.A.   127. 

Against  attachment  in  other  state.  21 
L.R.A.  ?5. 

§  r    .  Intervention. 

Rights  of  creditors  to  quesiion  validity  of 
attachment  by  intervention  and  de- 
fense.    35  L.R.A.  772. 

Right  of  third  persons  who  claim  property 
to  intervene  in  attachment  action.  23 
L.R.A.(N.S.)   536. 

Right  of  intervener  in  attachment  to  at- 
tack validity  of  service  of  process.  23 
L.R.A.(N.S.)   1084. 


ATTACHMENT  CREDITORS. 

Right  of,  to  question  validity  of  attachment. 
35  L.R.A.  767. 


ATTAINDER. 


Effect  of  forfeiture  of  property  by  attainder 
on  rights  of  innocent  persons  therein. 
L.R.A.1916E,  344. 


ATTEMPT. 


Begin  uHth  this  book  on  every  law  qtieation. 


To  commit  crime,  see  Criminal  Law,  §§  16, 
17. 

What  constitutes  an  attempt  to  entice  serv- 
ant to  quit.    5  L.R. A. (N.S.)   1095. 

Unsuccessful  attempt  to  collect  premium  as 
waiver  of  forfeiture.  18  L.R.A. (N.S.) 
902;   44  L.R.A.  (N.S.)    371. 


INDEX  TO  L.R.A.  NOTES. 


67 


ATTEMPT— cont'd 

To  enforce  lien  under  clause  in  lease  giving 
landlord  lien  on  crops  and  chattels  as 
election  preventing  its  enforcement  as 
a  chattel  mortgage.  20  L.R.A.  (N.S.) 
259. 


ATTENDANCE. 

Securing  attendance  of  witnesses,  see  Wit- 
nesses, §  4. 

What  constitutes  attendance  by  a  physician 
within  meaning  of  an  application  for 
life  insurance.     18  L.R.A.(N.S.)   362. 


ATTENDANTS. 


Liability  for  negligence  of  attendants  fur- 
nished by  relief  department  toward 
which  employees  contribute.  17  L.R.A. 
(N.S.)  1167;  30  L.R.A.(N.S.)  1207;  48 
L.R.A.(N.S.)   531. 


ATTESTATION. 


Of  deeds,  see  Deeds,  §  4. 
Of  will,  see  Wills,  §§  26-32. 

Estoppel  of  one  attesting  conveyance  to  set 
up  his  own  title  to  the  property  as 
against  third  persons.  48  L.R.A. (N.S.) 
758. 

Sufficiency  of  abbreviation  of  officer's  name 
in.     14  L.R.A.  815. 

By  mark.     22  L.R.A.  370,  372. 

Nocofasity  for  calling  subscribing  witnesses 
to  prove  attested  instrument.  35 
L.R.A.  321. 


ATTESTATION  CLAUSE. 


To  will,  see  Wills,  §  32. 


ATTESTED   INSTRUMENTS. 

Admissibilitv    in    evidence,    see    Evidence, 

§  123. 
See    also    Deeds,    §    4;    Wills,    §§    26-32. 


ATTESTING  WITNESS. 

To  wills,  see  Wills,  15,  24,  26-31. 

Necessity  of  calling  to  prove  instrument. 
35  L.R.A.  321. 

Estoppel  of,  to  assert  title  to  land  con- 
veyed.    3  L.R.A. (N.S.)    879. 

Addition  of  name  of,  to  instrument,  as  an 
alteration.  24  L.R.A.  (N.S.)  1155; 
L.R.A.1917D,  828. 

Weight  of  tostimonv  of,  against  competency 
of   fostntor.    6  "L.R.A.  (N.S.)    .'-)75. 

Ccnsiilt  also  L.R.A.  Digests  of  Cases. 


ATTORNEY    GENERAL.  . 

Power  to  dismiss  prosecution,  "see  Criminai^ 

Law,  §  40. 
See  also  State.  : 

Power  of  courts  to  enforce  ministerial- 
duties  of.     52  L.R.A. (N.S.)  442. 

Suit  against,  as  suit  against  the  state.  44 
L.R.A.  (N.S.)    196. 

Quo  warranto  as  matter  of  right  by.  1 
L.R.A. (N.S.)   826. 

Scope  of  discretion  of,  witli  respect  to  insti- 
tution of  proceedings  in  nature  of  quo 
warranto.     15  L.R.A. (N.S.)   603. 

Right  of  attorney  general,  or  other  repre- 
sentative of  state,  to  maintain  suit  or 
proceeding  to  remove  officers  of  private 
corporations.     18  L.R.A. (N.S.)   672. 

Right  of  attorney  general,  or  other  repre- 
sentative of  state,  to  maintain  action 
to  enforce  or  prevent  the  violation  of 
statutory  regulations  affecting'  lates, 
etc.     18  L.R.A.(N.S.)    664. 

«»»> 


ATTORNEYS. 


/.  In  general,  §  1. 

II.  Relation  to  court  and  public,  §§  2- 
6. 
III.  Relation  to  client,    §3  7-22. 

I.  In  general. 

§   1.  Generally. 

Prosecuting  attorneys,  see  Distbict  and 
Prosecuting  Attorneys. 

Privileged  communications  to,  see  Evi- 
dence, §  222. 

Advice  of,  as  defense  to  action  for  maliciouA 
prosecution,  see  Malicious  Prosecu- 
tion, §  8. 

Opening  statement  by,  see  Opening  State- 
ment. 

Argument  of,  during  trial,  see  Trial,  §§  15- 
17. 

Specific  performance  of  contract  for  sale  of 
practice.     L.R.A. IfllSE,  628. 

Misconduct  of  plaintiff's  attorney  as  basis 
of  attack  on  divorce  decree.  L.R.A. 
191 7B,  456.  ;, 

Disqualifications  as  judge  by  nrior  connec-' 
tion  with  case.     25  L.R.A.  114.  [ 

Relationship  to  attorney  in  case  as  dis- 
qualifying judge.    L.R.A.1918F,  1036.^     ' 

Effect  of  advice  of  attorney  on  personal 
liability  of  a  trustee  for  losses  to  trust 
estate  from  investments.  44  L.R.A. 
(N.S.)    978.  1 

Right  of  attorney  to  testify  in  his  own  be-' 
half  or  in  behalf  of  client.  49  L.R.A.' 
(N.S.)    422. 

Is  imputation  of  insolvency  a!>ainst  lawyer 
actionable  per  se.     3  B.  R.  C.  61.  ( 

Privilege  of  defamatory  statement  made  by 
one  attorney  concerning  another  in 
course  of  judicial  proceedings.  L.R.A. 
1916E,  782. 

Privilege  of  attorney  as  to  communications 
regarding  matters  relating  to  the  sub- 
ject of  his  actual  or  prospective  employ- 
ment.    L.R.A.1918B,  837. 


68 


INDEX  TO  L.R.A.  NOTES. 


ATTORNEYS,  I.— cont'd 

Exemption  of  attorney  from  service  of  sum- 
mons while  in  jurisdiction  on  legal 
l)ii^iiicss.      L.R.A.1917B,   893. 

//.  Relation    to    court    and    puhltc, 

§  2.  Generally. 

(."hampertous  contracts,  see  infra,  §  21. 
What   constitutes   contempt   by,    see    Con- 
tempt, 11. 

As  public  officers.     17  L.R.A.  244. 

Right  of  attorney  at  law  to  solicit  busi- 
ness. 9  L.R.A.(N.S.)  282;  L.R.A. 
1917B,  1128. 

Valiuity  of  restrictive  agreement  ancil- 
'  larv    to    sale    of    practice.      24    L.R.A. 

'  (N.S.)    926. 

Validitv  of  contract  restraining  practice 
of  profession  after  expiration  of  term 
of  service  with  another.  26  L.R.A. 
(N.S.)    961. 

Validity  of  contract  to  procure  legislative 
action.     4   L.R.A. (N.S.)    213. 

\'alidity  of  contract  by  attorney  to  secure 
suspension  of  criminal  law  as  to  of- 
fenses thereafter  committed.  38  L.R.A. 
(N.S.)    842. 

Improper  influence  or  interf^ronce  with 
grand  jury  by  attorneys.  28  L.R.A. 
570. 

§  3.  Right  to  practise  law. 

Constitutional  privilege  to  practise  law. 
14  L.R.A.  58L 

Right  of  women  to  practise  law.  21  L.R.A. 
701. 

Practice  of  law  bv  corporation.  32  L.R.A. 
(N.S.)    56.      "^ 

Tower  of  legislature  to  prescribe  qualifi- 
cations of.     10  L.R.A. (N.S.)  289. 

§  4.  Disbarment;  suspension;  disci- 
pline. 

Constitutionality  of  statutes  relating  to 
disbarment  of  attorneys.  44  L.R.A. 
(N.S.)   1105. 

Disbarment  as  cruel  and  unusual  punish- 
ment.    L.R.A.1915C,  565. 

Effect  of  pardon  on  right  to  disbar  attorney 
convicted  of  felony.  16  L.R.A.(N.S.) 
272. 

Extent  of  restriction  on  right  of  disbarred 
or  suspended  attorney  to  transact 
legal  business  for  another.  24 
L.R.A.(N.S.)    755. 

Disqualification  of  judge  to  preside  at  dis- 
barment proceedings  because  of  mem- 
bership in  bar  association  instituting 
the  proceedings.     39  L.R.A. (N.S.)    116. 

EligiHUtv  of  susnended  or  disbarred  at- 
torney to  judicial  office.  L.R.A.1917B, 
803. 

§   5.  — grounds  for. 

Necessity   of  bad  or   fraudulent  motive  to 

justify.      18   LJI.A.   401. 
Want  of  due  respect  toward  court  in  legal 

•papers.     15  L.R.A. (N.S.)    525. 
Criticism  of  decisirin  or  opinion  after  case 
has  been  determined.     17  L.R.A.  (N.S. ) 
572. 
>Yithholding    client's    monev    or    property. 
19    L.R.A. (N.S.)    414. 


Begin  with  this  book  on  every  law  question. 


ATTORNEYS,  II.— cont'd 

Solicitation  of  business.  9  L.R.A. (N.S.) 
282;  L.R.A.3917B,  1131. 

Advertising.      33    L.R.A. (N.S.)    941. 

Conviction  or  cunnnission  of  crime  or  mis- 
conduct by  attorney  in  another  state. 
19  L.R.A. (N.S.)   892. 

Disbarment  in  other  state  or  concealment 
of  that  fact.     24  L.R.A. (N.S.)    531. 

Concealment  or  failure  to  produce  docu- 
ment.    L.R.A.1917B,  384. 

Imputation  in  course  of  legal  proceedings 
of  prejudice  to  court  or  judge.  L.R.A. 
1918D,  450. 

Offering  to  pay  witness  as  a  ground  for 
disbarment  or  suspension  o»  attorney. 
L.R.A.1915A,  514. 

Violation  of  liquor  law.    L.R.A.1918A,  1192. 

Disbarment  or  suspension  of  attorney  for 
misconduct  in  an  official  capacity  other 
than  his  attorneyship  itself.  L.R.A. 
1915A,  663. 

Improper  advice  to  client,  with  no  inten- 
tion to  wrong  him,  as  ground  for  dis- 
.barment  or  suspension.  L.R.A.1916A, 
1175. 

Acting  with  mob  as  a  ground  for  disbar- 
ment, suspension,  or  other  discipline. 
L.R.A.1915C,  259. 

Disbarment  or  suspension  for  aspersing  an- 
other attorney.     L.R.A.1916F,  396. 

Disbarment  of  prosecuting  attorney  at- 
tempting to  represent  individuals  hav- 
ing an  interest  adverse  to  or  dissociated 
from  the  public  interest.  L.R.A.1918F, 
832. 

§  6.  License. 

License  tax  on.    18  L.R.A.  409. 

License  to  practise  as  a  vested  right  to  con- 
tinue in  practice.    8  L.R.A. (N.S.)  1272. 

Validity  of  contract  by  unlicensed  attorney. 
12   L.R.A.(N.S.)    6]4. 

Extent  of  restriction  on  right  of  unlicensed 
person  to  transact  legal  business 
for  another.    24  L.R.A. (N.S.)   750. 

Statute  of  limitations  as  a  defense  to  revo- 
cation of  attorney's  license.  11  L.R.A. 
(N.S.)   557;  L.R.A.1915D,  1218. 

III.  Relation  to  client. 

§7.  Generally.  . 

Effect  of  death  of  person  employing  attor- 
ney, see  Death,  §  18. 

Privileged  communications  to,  see  Evi- 
dence, §  222. 

Advice  of  counsel  as  defense  to  action  for 
malicious  prosecution,  see  Malicious 
Prosecution,  §  8. 

Denial  of  relation  as  aflfecting  right  to  sum- 
mary order  on  attorney  to  produce 
papers.    38  L.R.A. (N.S.)  207. 

Determination  of  disputed  questions  in  sum- 
mary proceedings  to  compel  attorney 
to  surrender  monev  or  property.  L.R.A. 
1918D,  830. 

Sickness  or  dea*h  of,  as  ground  for  injunc- 
tion against  judgment.     30  L.R.A.  795. 

Validity  of  contract  with,  upon  condition 
of  procuring  divorce.  44  L.R.A.  (N.S.) 
383. 

Misconduct  of  counsel  for  defeated  spouse 
as  ground  for  relief  from  divorce. 
L.R.A.1917B,  464. 


INDEX  TO  L.R.A.  NOTES. 


69 


ATTORNEYS,  III.— cont'd 

Consideration  for  note  or  obligation  given 
by  attorney  to  cover  loss  on  transac- 
tions conducted  l;y  him  for  principal. 
L.R.A.1917B,  696. 

Disqualification  of  judge  through  relation- 
ship to  attorney  in  case.  42  L.R.A. 
(N.S.)    1172. 

Admissibility  in  evidence  of  entries  in  ac- 
count book  by  attorney.    53  L.R.A.  528. 

Taking  of  commercial  paper  by  attorney  as 
payment.      35    L.R.A. (N.S.)     53. 

Appearance  of  special  attorney  or  private 
counsel  before  grand  jury.  33  L.R.A. 
(N.S.)    568. 

Addressing  letter  to  plaintiff's  attorney  as 
publication  for  purposes  of  libel.  21 
L.R.A. (N.S.)    33. 

Conclusiveness  of  judgment  as  between 
plaintiff  and  attornev  who  has  charge 
of  the   defense.     37   L.R.A. (N.S.)    964. 

Rebuking  or  fining  attorney  during  trial 
as  prejudicing  rights  of  party.  42 
L.R.A.(N.S.)   428. 

Necessity  that  affidavit  in  attachment  made 
by  plaintiff's  attorney  shall  show  per- 
sonal knowledge.  14  L.R.A.  (N.S.) 
1126. 

Attacks  on   opposing  counsel   in  argument 
to    jury    as    ground    for    reversal. 
L.R.A.i918D/97. 
Prosecuting    attorney's    attack    on    de- 
fendants' counsel.    4(i  L.R.A.  655. 

Treating  of  jurors  by,  as  ground  for  new 
trial  or  reversal.  19  L.R.A. (N.S.)  733; 
49  L.R.A. (N.S.)   889. 


§  8.  Right  to  counsel. 

Right  of  prisoner  to  opportunity  to  con- 
sult with  his  attorney.-  44  L.R.A. 
(N.S.)     1083. 

Right  of  insured  to  have  attorney  present 
at  examination  as  to  loss.  52  L.R.A. 
426. 

Stockholder's  right  to  assistance  of,  in  in- 
spection of  books.  45  L.R.A.  449;  20 
L.R.A.  (N.S.)   197. 

Right  of  prosecutrix  in  bastardy  proceed- 
ings to  private  counsel.  33  L.R.A. 
(N.S.)    463. 

Necessity  for  representation  by  counsel  at 
preliminary  examination  to  make  testi- 
monv  given  thereon  admissible  against 
accused.     25  L.R.A.  (N.S.)    871. 


§  9.  Employment  of  attorney. 

Creation  of  precatory  trust  by  recommend- 
ing emplovment  of  attorney.  37  L.R.A. 
(N.S.)    685. 

Right  of  governor  to  employ  for  state.  55 
L.R.A.   493. 

Right  of  public  body  entitled  to  services  of 
official  attorney  to  employ  other  attor- 
ney in  civil  matters.    L.R.A. 1917D,  251. 

Power  of  municipal  body  to  employ  attor- 
ney.    L.R.A.1917D,  241. 

Power  of  public  officers  to  bind  successors 
by  employment  of  attorney  for  term  of 
years.     16  L.R.A.  L,!?. 

Power  of  president  and  vice  president  of 
corporation  to  employ  attorneys.  14 
L.R.A.  360. 

Consitll.  also  L.R.A.  Digests  of  Cases. 


ATTORNEYS,  III.— cont'd 

Power  of  municipal  board  or  committee  to 
employ  one  of  its  own  members  as.  3 
L.R.A.  (N.S.)    849. 

Effect  of  statute  of  frauds  on  parol  contract 
for  employment  of  attorney  wliich  may, 
but  ia  not  intended  to,  be  performed 
within  a  year.    15  L.R.A.(N.S.)  326. 

§   10.  Fiduciary    relation. 

Fiduciary  relation  between  principal  and 
agent,  see  Pbincipal  and  Agent,  §  33. 

Right  of  client  to  recover  property  placed 
in  the  name  of  his  attorney  in  order 
to  defraud  creditors.     37  L.R.A. (N.S.) 
161. 
Independent  advice  as  a  condition  of  a  valid 
gift  inter  vivos  between  parties  occupy- 
ing  confidential   relations.      16   L.R.A. 
(N.S.)    1087. 
Right  of  attorney  to  purchase  subject-mat- 
ter of  litigation  or  of  retainer  from 
client    and    his    duty    in    relation 
thereto.     23  L.R.A. (N.S.)    679;  28 
L.R.A.(N.S.)    723. 
Right  of  attorney  to  purchase  or  lease  in 
his  own  behalf  property  which  he  was 
under  no  duty  to  purchase  or  lease  for 

his  principal.     47  L.R.A. (N.S.)  567. 

i 

§   11.  Duty    and    liability    of    attorney. 

Liability  of  attorney  to  client  for  mistake. 
52  L.R.A.  883. 

Liability  for  interest  on  money  collected  for 
client.     18  L.R.A.  457. 

Right  of  client  to  maintain  trover  or  case 
for  money  collected  by  attorney.  20 
L.R.A.(N.S.)    35. 

When  statute  of  limitations  begins  to  run 
against  an  action  for  negligence  or  mis- 
conduct of  an  attorney  in  performance 
of  professional  duties.  12  L.R.A. 
(N.S.)   1005;  51  L.R.A.(N.S.)  279. 

When  statute  of  limitations  commences  to 
rim  against  action  to  recover  money 
collected  by  attorney.  17  L.R.A. (N.S.) 
667. 

Duty  of  attorney  to  pay  or  secure  costs  in 
an  action  which  he  takes  on  a  con- 
tingent fee.     11  L.R.A.  (N.S.)   1153. 

§   12.  Authority  of  attorney. 

Presumption  and  burden  of  proof  as  to  au- 
thority of,  see  Evidence,  §  35. 
Ratification  by  client,  see  Ratification,  §  6. 

Right  to  contest  will.    L.R.A.191SA,  467. 

Right  lo  take  acknowledgment.  33  L.R.A. 
337. 

Power  to  bind  client  by  release  of  person  or 
property  of  debtor  from  process  to  en- 
force judgment.     L.R.A.1918D,  808. 

Effect  of  death  on  contract  witli  attornov. 
23  L.R.A.  710. 

Authority  of,  to  contract  for  services  of 
other  persons.     L.R.A.1918F,  15. 

Authority  of  attorney  to  waive  privilege  as 
to  communications  between  physician 
and  patient.     48  L.R.A.(N.S.)    421. 

Extension  of  time  by  attorney  as  discharge 
of  surety.     39  L.R.A. (N.S.)    62. 

§   13.  — over  action  generally. 
Power  as  to  dismissal  or  discontinuance,  see 
Dismissal  and  Discontinuance,  §  5. 


70 


INDEX  TO  L.R.A.  xNOTES. 


ATTORNEYS,  III.— cont'd 

To  satisfy   judgment  in  favor  of  minor.     3 

L.R.A.(N.S.)   72. 
Power   of   attorney   to   bind   clierft   by   con- 
sent decree.     4G  L.R.A.(N.S.)   750. 
Implied   power   of   attorney   to   bind   client 
for    expenses    incidental    to    trial 
including  associate  counsel  fees.  23 
L.R.A.(N.S.)    702. 
Right  of   attorney   to  continue   on   account 
of  bis  compensation  after  collusive  dis- 
missal •  to    defeat    it.      3    L.R.A.(N.S.) 
390. 
Client's   death    as    affecting    attorney's    au- 
thority to  proceed  with  suit.    34  L.R.A. 
<N.S.)    1189. 

§    14.  —  to  compromise  cause  of  action. 

Implied   power  of   attorney   to   compromise 

cause  of  action.     31  L.R.A. (N.S.) 

523. 

Power  of  iiv-torney  to  submit  infant's  cause 

of   action   for   arbitration.     70   L.R.A. 

175. 

§   15.  —authority  to  :;ppear  in  action. 

To  enter  appearance  in  case  in  behalf  of  in- 
fant or  incompetent.     32  L.R.A.  681. 

Effect  of  unauthorized  appearance  of  at- 
torney  in   an   action.      21    L.R.A.    848. 

Effect  of  failure  to  object  before  judgment 
to  unauthorized  appearance  by  an  at- 
torney upon  right  to  relief  from  judg- 
ment."   L.R.A.1918B,  899. 

§    16.  —  rlglit  to  withdraw. 

Power  of  defendant's  attorney  to  withdraw 
answer  or  appearance  and  permit 
a  default  judgment.  33  L.R.A. 
515. 

Right  to  withdraw  from  suit  because  of 
client's  misconduct.  35  L.R.A. 
(N.S.)  960. 

§  17.  Client's  responsibility  for  attor- 
ney's acts  or  neglect. 

Negligence  in  employing  attorney  as  bar 
to  injunction  as  against  judgment.  31 
L.R.A.  35. 

N^ligence  of  attorney,  as  a  bar  to  injunc- 
tion against  judgment.     31  L.R.A.  36. 

Loss  of  defenses  by  reason  of  negligence  or 
unskilfulness  of  attorney  as  ground  for 
enjoining  judgment.  9  L.R.A. (N.S.) 
524. 

Is  neglect  of  counsel  imputed  to  party  under 
statute  for  relief  from  judgment  taken 
by  inadvertence,  surprise,  or  excusable 
neglect.  27  L.R.A. (N.S.)  858. 
'Guardian's  liability  for  misappropriation 
of  ward's  funds  bv  attorney.  5  L.R.A. 
(N.S.)    575. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest  where 
settlement  of  estate  is  delayed  by  ad- 
vice or  negligence  of  attorney.  31 
L.R.A.(N.S.)   359 


ATTORNEYS,  III.— cont'd 

§   18.  Compensation;    lien. 

Recovery  back  of  money  paid  to  attorney, 
see  Assumpsit,  §  G. 

Attorneys'  fees  generally,  see  Attorneys' 
I'EEs;  Costs  and  Fees,  §  7. 

Suit  money  and  counsel  fees  in  divorce  suit, 
see  Divorce  and  Separation,  §§  39,  40. 

Liability  of  decedent's  estate  to  attorney 
employed  by  personal  representative, 
see  ExECUxoBS  and  Administrators,  § 
34. 

Right  of  executor  to  allowance  for  attor- 
neys' fees,  see  Executors  and  Admin- 
istrators, §  53. 

Use  of  public  money  to  pay  counsel  fees  in- 
curred by  officer  or  citizen  in  litigation. 
L.R.A.1916D,  92. 

What  court  has  jurisdiction  to  fix  attor- 
neys' fees  for  services  in  suit  by  or 
against  receiver.     L.R.A.1915E,  1219. 

Statement  of  account  by  attorney.  27 
L.R.A.  821. 

Damages  for  breach  of  contracts  with.  53 
L.R.A.  57,  79. 

Remedy  of  attorney  discharged  without 
cause  before  completing  service,  or  be- 
fore expiration  of  time  for  which  he 
was  employed.     L.:{.A.1917F,  406. 

Extent  of  recovery  bv  attorney  wrongfully 
discharged.     6   L.R.A. (N.S.)    92. 

Right  ot  .corney  not  admitted  to  practice 
to  recover  for  services  of  attorney  who 
had  been  admitted.  2  L.R.A.(N.S.) 
392. 

Claims  against  state  for  fees  of.  42  L.R.A. 
51. 

Validity  of  agreement  by  which  compensa- 
tion is  c.  pendent  on  success  in  procur- 
ing contract  with  public  ofiicer  '  or 
board.     L.R.A.1915C,  823. 

Right  of  client  to  recover  from  third  per- 
son for  services  rendered  bv  attorney 
which  benefit  both.     L.R.A.  19153,  856. 

Right  of  attorney  to  compensation  from 
private  employer  for  assisting  in  prose- 
cution of  criminal  case.  L.R.A.1916D, 
462. 

Liability  of  infant  for  legal  services.  44 
L.R.A.(N.S.)    411. 

Right  to  recover  against  incompetent  or  his 
estate  for  legal  services  in  attempting 
to  secure  his  freedom  or  in  resisting 
lunacy  proceedings.  45  L.R.A. (N.S.) 
67. 

Stipulation  in  contract  for  att  rneys'  fees 
as  measure  of  compensation  to 
which  attorney  is  entitled.  51 
L.R.A. (N.S.)   594. 

Constitutionality  of  statute  requiring  attor- 
ney to  perform  services  for  public 
without  remuneration.  42  L.R.A. 
(N.S.)  527. 

Right  of  counsel  assigned  to  defend  indigent 
person,  to  compensation  frcm  public,  in 
absence  of  statute.  36  L.R.A. (N.S.) 
377. 


Liability  of  principal  for  malicious  prose-  i  Services  of  attorney  as  a  family  expense  or 
'^'        '  '  '  -  .       .         .  necessary  within  statute  rendering  wife 

or  her  property  liable  therefor.    L.R.A. 
1917F,  863. 


cution,  false  arrest,  or  false  imprison- 
ment by  attorney  authorized  to  collect 
a  debt.     51   L.R.A. (N.S.)    474. 


Begin  ivith  this  hook,  on  every  law  question. 


INDEX  TO  L.R:A.  NOTES. 


71 


ATTORNEYS,  III.— cont'd 

Recovery  for  services  to  wife  in  divorce 
suit.  24  L.RA.  629;  L.R.A.1915C,  467; 
L.R.A.1917F,   362. 

Liability  of  estate  to  attorney  employed  by 
executor  or  administrator.  25  L.R.A. 
(N.S.)   72. 

Kight  of  attorney,  in  the  absence  of  express 
aj^reeiiH'iit,  to  compensation  for  debar- 
ring himself  from  representing  antago- 
nistic interests.     19  L.R.A. (N.S.)    960. 

Loss  of  compensation  by  compromising  case 
without  authority.  42  L.R.A.  (N.S.) 
852. 

Effect  of  assignment  of  judgment  to  attor- 
neys for  their  services  on  set-off  against 
judgn.ent  in  hands  of  assignee.  L.R.A. 
1917F,  1012. 

Priority  of  claim  for  services,  against  prop- 
erty in  hands  of  receiver  over  recorded 
liens.  2  L.R.A. (N.S.)  10.36,  1050,  1060, 
1067;  41  L.R.A.(N.S.)   700,  710. 

<^onclusivenes8  of  expert  opinion  as  to 
value  of  services.  42  L.R.A.  768;  45 
L.R.A.  (N.S.)    181. 

Libel  in  charging  attorney  with  exacting  ex- 
cessive  fees.     40   L.R.A.  (N.S.)    79. 

5  19.  — as  between  members  of  law 
partnersliip. 

Effect  of  failure  of  member  of  law  partner- 
ship to  render  services  to  exclude  him 
from  participation  in  the  profits  there- 
of.    L.H.A.1918B,  678. 

JRights  of  estate  of  law  partner  in  compen- 
sation for  business  unfinished  at  time 
of  his  death.     66  L.R.A.  821. 

Right  of  surviving  member  of  law  partner- 
ship to  compensation  for  services.  17 
L.R.A.(N.S.)   402;  L.R.A.1917F,  577. 

Right  of  liquidating  member  of  law  partner- 
ship to  compensation  for  services.  17 
L.R.A. (N.S.)   398;  L.R.A.1917F,  577. 

§   20.  —contingent  fees. 

Power  of  public  body  to  employ  attorney 
on  contingent  fee.     L.R.A.1917D,  263. 

Contingent  attorney's  fee  in  representative 
suit.     15  L.R.A.(N.S.)    729. 

Power  of  court  to  protect  attorney  who  has 
taken  case  on  contingent  fee,  against 
voluntary  dismissal  by  client  without 
his   consent.     14   L.R.A. (N.S.)    1095. 

Validity  of  provision,  in  contract  for  con- 
tingent fee,  forbidding  client  to  settle 
the  claim  without  attorney's  consent. 
14   L.K.A.(N.S.)    1101. 

Basis  for  computing  share  of  attorney  en- 
titled to  certain  proportion  of  recovery, 
where  suit  is  compromised  for  certain 
sum  and  attorney's  fee.  22  L.R.A. 
(N.S.)    776. 

Rights  and  remedies  of  attorney  whose 
client  compromises  cause  of  action  with- 
out his  consent  before  action  brought. 
45  L.R.A.(N.S.)   750. 

Death  of  attorney  employed  on  a  contin- 
gent fee,  or  his  withdrawal  with- 
out client's  fault,  before  final  ad- 
judication or  settlement,  as  af- 
fecting compensation.  52  L.R.A. 
(N.S.)   380. 

Consult  also  L.n.A.  Digests  of  Cases. 


ATTORNEYS,  III.— cont'd 

Validity  of  agreement  .o  pay  attorney  a 
percentage  of  amount  obtained  as  ali 
mony.     33  L.R.A. (N.S.)    1074. 

Right  of  attorney  wiio  takes  case  on  con- 
tingent fee  or  for  certain  perct  ntagc  to 
implied  or  equitable  lien  on  fund  re- 
covered.     27    L.R.A. (N.S.)     634. 

Right  to  discharge  attorney  employed  for 
contingent  fee.  38  L.R.A.  (N.S.) 
389. 

Remedy  of  attorney  employed  on  a  contin- 
gent fee  and  discharged  without  cause 
before  completing  service  or  before  ex- 
piration of  *irae  for  wliicli  he  was  em- 
ployed.    L.R.A.1917F,  406. 

Duty  of  attorney  to  pay  or  secure  costs  in 
action  which  lie  takes  on.  11  L.R.A. 
(N.S.)    1153. 

§  21.  —champerty;  maintenance. 

Taking  case  on  contingent  fee,  see  supra, 
§  20. 

Right  of  attorney  to  recover  for  services 
perfvirmed  under  contract  procured  by 
solicitation.     L.R.A.1917B,  1129. 

Right  to  recover  upon  quatitum,  meruit  for 
services  rendered  under  ilh'gal  or 
champertous  contract.  2  L.R.A. (N.S.) 
261;  38  L.R.A.(N.S.)   1202. 

Right  of  attorney  to  purchase  subject-mat- 
ter of  litigation  or  of  detainer  from 
client  and  his  duty  in  relation  thereto. 
23  L.R.A.(N.S.)  679;  28  L.R.A. (N.S.) 
723. 

Right  of  attorney  who  has  made  champer- 
tous agreement  with  his  client  against 
opposite  party  to  suit  after  settlement 
by  client.     35  L.R.A. (N.S.)    618. 

§   22.  —lien. 

Lien  on  cause  of  action  for  tort.  3  L.R.A. 
(N.S.)  379. 

Attorney's  lien  on  fund  in  bastardy  proceed- 
ings.    11  L.R.A.(N.S.)  630. 

Effect  of  agreement  giving  attorney  em- 
ployed by  personal  representative  lien 
on  subject-matter  in  litigation,  on  lia- 
bility of  estate  to  him.  25  L.R.A. 
(N.S.)    75. 

Right  of  attorney,  under  local  statute,  to 
a  lien  upon  money  in  the  hands  of  an 
adverse  party  to  a  suit  in  proceeding 
in  another  state.  31  L.R.A.  (N.S.) 
1215. 

Right  of  attorney  who  takes  case  on  con- 
tingent fee  or  for  certain  percentage 
to  implied  or  equitable  lien  on  fum; 
recovered.     27  L.R.A. (N.S.)    634. 

Constitutionality  of  statutes  providing  for 
attorneys'  liens.     40  L.R.A. (N.S.)    529. 

Dismissal  of  suit  to  defeat  atto:  ley's  lien 
or  claims  to  compensation.  5  L.R.A. 
(N.S.)  390. 

Waiver  of  attorney's  lien  by  taking  secu- 
rity.   2  B.  R.  C.  68. 

Assignment  of  jiulgment  to  attorney  defeat- 
ing lien,    23  L.R.A.  3.'39. 


72 


INDEX  TO  L.R.A.  NOTES, 


ATTORNEYS,  HI.— cont'd 

Assignment  of  judgment  as  affecting  attor- 
neys' lien  thereon.  37  L.R.A. 
(N.S.)   226. 


ATTORNEYS'  FEES. 

f  1.  €renerally. 

Right  of  attorney  to  recover  fees  from  his 

own   client,   see  Attorneys,   §§    18-22. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  180. 

As  element  of  costs  or  damages  without  any 
stipulation  therefor,  see  Costs  and 
Fees,  §  7. 

As  affecting  jurisdictional  amount,  see 
COUBTS,  §  27. 

In  divorce  suit,  see  Divorce  and  Sepaba- 
TiON,  §§  34-49. 

Recovery  of,  upon  injunction  bond,  see  In- 
junction, §  87. 

In  action  to  enforce  mechanics'  lien,  see 
Mechanics'  Liens,  §  25. 

In  action  to  enforce  tax,  see  Taxes,  §  71. 

Stipulation  in  contract  fo-  attorneys'  fees 
as  measure  of  compensation  to  which 
aHorney  is  entitled.  51  L.R.A.(N.S.) 
594. 

Is  the  amount  of  attorney's  fees  expressly 
stipulated  for  to  be  included  in  com- 
puting amount  involved,  for  purpose  of 
ascertaining  furisdiction.  27  L.R.A. 
(N.S.)   157;  49  L.R.A.  (N.S.)   600. 


§  2.  Validity  and  eflPect. 

Validity  of  stipulation  for  attorneys'  fees. 
L.R.A.19TiB,   928. 

Conflict  of  laws  as  to  stipulation  for,  in 
contract  relating  to  rer.l  property. 
L.R.A.1916A,  1040. 

Valid itv  of  statutorv  provision  for  attor- 
n  v's  fees.  17  L.R.A. (N.S.)  910; 
L.R.A.191.5E,  943. 

Validity  of  statutory  provision  for  attor- 
ney's fees  in  proceedings  involving  col- 
lection of  taxes  or  soecial  assessments. 
28  L.R.A.(N.S.)    10^2. 

Constitutionality  of  provision  for,  in  case 
of  failure  to  fence  railroad  tracks.  31 
L.R.A. (N.S.)  864. 

8  3.  —  effect  on  negrotiaMlity. 

Effect  of  stipulation  for,  upon  negotiability. 

L.R.A.191GB,  675. 
Effect  of  stipulation  for,  in  mortgage  upon 

negotiabilitv  of  note  secured   thereby. 

26  L.R.A.(N.S.)  217. 


ATTORNEYS  IN  FACT. 


ATTORNMENT. 


41  L.R.A. 


Form  of  execution  of  deed  by. 

(N.S.)    805. 
Begin  with  this  book  on  every  law  question. 


By 


lessee    generally, 
Tenant,  §  3. 


see    Landlord    ani> 


By  tenant  to  transferee  of  reversion.   L.R.A. 
1915C,   201,   203. 


ATTRACTIVE  NUISANC3. 

See  Negligence,  §§  23,  23a. 


AUCTION. 


§   1.  Generally. 

Oral  or  implied  building  restrictions  as  to 
ot)ior  lots  in  tract  on  sale  of  lots  at 
auction.     45  L.R.A. (N.S.)    9C9. 

Implied  exception  in  statute  as  to.  25 
L.R.A.  569. 

Delegation  of  municipal  power  as  to  license 
of.     20   L.R.A.  724. 

Right  of  executor  or  administrator  to  em- 
ploy auctioneer.     64  L.R.A.  557. 

Binding  effect  of  conditions  announced  by 
auctioneer.      24    L.R.A.  (X.S.)    488. 

Liability  of  goods  in  hands  of  auctioneer  to 
distress.     25   L.R.A.  (X.S.)    79.5. 

Right  to  resell  property  after  it  has  been 
struck  off  to  a  bidder.  36  L.R.A.  ( N.S. ) 
927. 

Discrimination  against  nonresidents  by 
statute  or  ordinance  imposing  license 
tax  on  auctioneers.  40  L.R.A.  (N.S.) 
290. 

§  2.  As  a  nuisance. 
Generally.    20  L.R.A. (N.S.)  972. 
In   street,    as   a   nuisance,   subject  to   city 
control.    39  L.R.A.  678. 

§  3.  Right  to  withdraw  property  from 
sale. 

Right  to  withdraw  property  from  an  auc- 
tion sale  after  it  has  been  offered. 
57  L.R.A.  784;  20  L.R.A. (N.S.) 
1133;  L.R.A.1917A,  74. 

§  4.  Validity. 

Effect  of  preventing  or  checking  bids  upon 
the  validitv  of  sales  at  auction. 
20  L.R.A.  545. 

§  5.  Rights  of  purchaser. 
Relief  from  purchase  at  auction  on  ground 
of  mistake.     34  L.R.A.(N.S.)    927. 

§  6.  Rights  and  liabilities  of  auction- 
eer. 

Effection  of  insertion  of  unauthorized  pro- 
visions in  auctioneer's  bond.  L.ILA. 
1917B,  1013. 

Validity  of  license  fee  exacted  of  auctioneer 
as  affected  by  amount.  51  L.R.A. 
(N.S.)  40. 

Right  of  auctioneer  or  officer  conducting  a 
sale  to  make  bids.    20  L.R.A.  503. 


INDEX  TO  L.R.A.  NOTES. 


n 


AUCTION— cont'd 

Liability    for    conversion    of   property.      50 

L.R.A.   654. 
Liability  of  auctioneer  or  clerk  of  auction 
for    return   of   money.      35   L.R.A. 
(N.S.)    481. 

§   7.  Bids  at. 

Effect   of   preventing   or   checking   bids   on 

validity  of  sales  at  auction.    20  L.R.A. 

545. 
Witlulrawal  of  property  from  auction  sale 

after.     57  L.R.A.  784;   20  L.R.A. (N.S.) 

n33;   L.R.A.1917A,  74. 
Right    of    auctioneer    or    officer    conducting 

a  sale  to  make.     20  L.R.A.  503. 

♦-^-♦^ 


AUDITOR. 

See  also  Accountant. 

Power  of  courts  to  enforce  ministerial 
duties  of  state  auditor.  52  L.R.A. 
(N.S.)   439. 


AUGUR  BIT. 


Master's  liability  for  injury  by  defects  in. 
61  L.R.A.(N.S.)   338. 


AUNT. 

Insurable  interest  in  life  of.    54  L.R.A.  233. 
Implied  agreement  to  pay  for  services  ren- 
dered to.     11  L.R.A.(N.S.)    884. 


AUSTRALIAN  BAIjLOT. 

Constitutional itv  of  Australian  ballot  stat- 
utes. 16  L.R.A.  764. 


AUTHENTICATION. 

Of  documents   introduced   in  evidence,   see 
Evidence,  V. 

Of  papers  used  for  purposes  of  extradition. 
28  L.R.A.  804. 


AUTHORITY. 


Of  attorneys,  see  Attobneys,  §§  12-16. 
To  execute  commercial  paper,  see  Bills  and 

Notes,  §  11. 
To  pay  negotiable  instruments,  see  Bills 

AND  Notes,  §  60. 
Of  broker,  see  Brokers,  §§  2-4. 
Of  employee,  see  Master  and  Servant,  §§ 

17-18a. 
Of  agent,  see  Principal  and  Agent,  IV. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §§  34,  35. 
Consult  also  L.R.A.  Digests  of  Cases. 


AUTHORITY— cont'd 

Relevancy  of  evidence  as  to,  see  Evidence, 

§  282. 
Question  for  jury  as  to,  see  Trial,  §  36. 


AUTHORS. 


Copyrights  of  works  of,  see  Copyright, 
Rights  in  literary  work  as  between  master 
and    servant,    see    Master    and    Serv- 
ant, §   14. 

Common-law  rights  on,  in  intellectual  pro- 
ductions. 51  L.R.A.  353;  43  L.R.A. 
(N.S.)    639. 

Validity  of  contract  in  restraint  of  trade 
in  publications  of.     22  L.R.A.  674. 

Rights  and  remedies  of  author  who  ha.s 
parted  with  property  rights  in  work. 
3  L.R.A. (N.S.)   629. 


AUTHORSHIP. 


As  to  authors,  see  Authors. 

Competency  of  nonexpert  to  testify  as  to, 
when  basing  his  opinion  on  letters  pur- 
porting to  come  from  the  person  whose 
handwriting  is  in  question.  7  L.R.A. 
(N.S.)    557. 


AUTOMATIC   COUPL.ERS. 

State  statute  requiring  automatic  couplers 
on  cars  as  interference  with  interstate 
commerce.     52  L.R.A.(N.S.)    269. 


AUTOMATIC  DEVICE. 

Requiring  passenger  to  put  coin  in  auto- 
matic registering  device."  32  L.R.A. 
(N.S.)    695. 


AUTOMATIC   MOVEMENTS. 

Duty  of  master  to  warn  servant  of  danger 
from  automatic  movement  of  bodies. 
44  L.R.A.(N.S.)  779. 


AUTOMATIC    OPERATION. 

Of  option  provisions  in  life  insurance  pol- 
icy.   25  L.R.A.(N.S.)  803. 


AUTOMATIC    SIGNALS. 

'  At  railroad  crossing,  see  Railroads,  § 


74 


INDEX  TO  L.R.A.  NOTES. 


AUTOMOBILES. 

§   1.  In  general. 

As  to  motorcycles,  see  Motobctci.E8. 

Person  or  company  operating  passenger  au- 
tomobile for  hire  as  a  common  carrier. 
L.R.A.1918F,  468. 

Exemption  of  automobile  from  seizure  for 
debt.     4!)   L.R.A.  (N.S.)    691. 

Constitutionality  of  statutes  giving  lien  on 
automobile  for  injuries  done  by  it. 
L.R.A.1917E,  928. 

Lien  upon  automobile  for  repairs  or  stor- 
age.    L.R.A.1918D,  330. 

Liability  of  manufacturer  to  servant  with 
respect  to  automobile  testing  track.  49 
L.R.A.(N.S.)   883. 

Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  business  by  dealer 
in  automobiles  and  accessories  as  af- 
fected by  its  territorial  scope.  L.R.A. 
1916C,  631. 

Measure  of  .  damages  for  damage  to  auto- 
mobile used  for  pleasure.  L.R.A. 1915C, 
319. 

Right  to  use  automobile  on  private  right  of 
way.     L.R.A.1918A,  263. 

Right  to  take  toll  for  use  of  road  or  bridge 
by  automobile.    L.R.A.1917E,  562, 

Liability  for  striking  one  engaged  about  an 
automobile  in  a  highway.  L.R.A.1917B, 
319. 

§  la.  Regulation  and  control  by  pub- 
lic. 

As  to  regulation  of  jitney  busses,  see  Jitney 
Busses. 

Power  of  municipality  over  interurban  ve- 
hicles used  for  hire.    L.R.A.1918B, 
891. 
Registration.     1  L.R.A.  (N.S.)    215. 
Numbering.     1  L.R.A. (N.S.)   215. 
Tax.     1  L.R.A.(N.S.)   215. 
License.     1    L.R.A. (N.S.)    215;    21    L.R.A. 
(N.S.)    41;    37    L.R.A.(N.S.)    440; 
62  L.R.A.(N.S.)  949;  L.R.A.1915D, 
322. 
Operating  without  license.     23  L.R.A. 
(N.S.)    561;   25  L.R.A.(N.S.)    734; 
35    L.R.A.(N.S.)     699;    41    L.R.A. 
(N.S.)   308;  52  L.R.A. (N.S.)   801; 
L.R.A.1915D,     628;      L.R.A.1916E, 
1225. 
Regulation    of    automobiles   used    for    hire. 

1  L.R.A. (N.S.)  222. 
Power  to  prescribe  qualifications  of  chauf- 
feurs.    37   L.R.A.(N.S.)    303. 
Safety  appliances.     1  L.R.A. (N.S.)   219. 
Speed.     1  L.R.A.(N.S.)    219;   L.R.A.1918D, 

132. 
Lights.    L.R.A.1918B,  828. 
Prohibited     hours     and     places.     1     L.R.A 

(N.S.)   219;  26  L.R.A. (N.S.)   502. 
Restrictions   as  to  transportation   of   gaso- 
lene.    1  L.R.A.(N.S.)    223. 
Regulation  as  to  parking  or  leaving  auto- 
mobiles    standing     in     street.     L.R.A. 
1917F,  352. 
Power   to  require   one  who   lias   caused   in- 
jury   to    identify    himself.      40    L.R.A. 
(N.S.)    622. 
Begin  %vith  this  hooTc  on  every  law  question. 


AUTOMOBILES— confd 

Power  to  prohibit  use  of  automobile  upon 
public  thoroughfares.  L.R.A. 1915E, 
264. 

Private  action  for  violation  of  statute  reg- 
ulating use  of  motor  vehicles.  L.R.A. 
1915E,  640. 

§  2.  Duty  and  negligence  of  operator. 

Contributory    negligence    of    operator,    see 

infra,  §  7. 
Rule  of  the  road  generally,  see  Nbqligence, 


Assault  by  negligent  operation  of  automo- 
bile.   L.R.A.1917D,  950.. 

Homicide  by  negligent  operation  of  auto- 
mobile. 30  L.R.A.(N.S.)  458;  33 
L.R.A.(N.S.)   403;  L.R.A.1918B,  954. 

Intoxication  of  person  operating  automobile. 
L.R.A.1917A,  313. 

Duty  owed  to  others  by  one  blinded  by  light 
on  highway.    L.R.A.1917E,  1045. 

Duty  to  stop  to  avoid  collision  with  pedes- 
trian.    24  L.R.A. (N.S.)    557. 

Liability  for  collision  with  bicvclist.  28 
L.R.A. (N.S.)    944. 

Duty  when  horses  encountered  on  highway. 
1  L.R.A.(N.S.)  223;  224;  14  L.R.A. 
(N.S.)  251;  48  L.R.A.(N.S.)   946. 

Reciprocal  duty  of  operator  and  pedestrian 
to  use  care.  38  L.R.A. (N.S.)  487;  42 
L.R.A.(N.S.)  1178;  51  L.R.A.(N.S.) 
990. 

Reciprocal  duty  of  driver  and  children  in 
street.     L.R.A.1918A,  245. 

Signal  of  traffic  officer  as  affecting  duty  of 
travelers  to  exercise  care.  L.R.A, 
1917B,  137. 

Liability  for  crowding  automobile  oflf  the 
road.    51  L.R.A. (N.S.)   453. 

Liability  for  collision  between  automobiles 
or  an  automobile  and  another  ve- 
hicle at  or  near  comer  of  streets 
or  highways.     L.R.A.1916A,  745. 

§  2a.  Liability  generally  for  injury  by 
car. 

Liability  for  injuries  by  automobile  sot  in 

motion      by      stranger.      L.R.A. 19 17D, 

867. 
Responsibility  of  guest  for  injury  to  third 

person    through    negligence    of    person 

driving  car.    L.R.A.1915E,  439. 
Liability  of  one  other  than  owner,  operator, 

or   guest,    for    injury    by    car.      L.R.A. 

1916E,  436. 
Injury   by   skidding  due   to  oiling  streets. 

L.R.A.1917F,  712. 

§  3.  Responsibility  of  owner  when  car 
operated  by  another. 

Liability  of  co-owners.     L.R.A.191GE,  1301. 
Liability  of  joint  owners  of  automobile  for 

torts   of    common    servant.      51    L.R.A. 

(N.S.)   1116. 
Validity  of  statute  making  owner  liable  for 

injuries   by   automobile   being   used   by 

another.     45  L.R.A. (N.S.)   699;   L.R.A. 

1918A,  918. 


INDEX  TO  L.R.A.  NOTES. 


76 


AUTOMOBILES— cont'd 

Making  prima  facie  case  of  responsibility 
for  negligence  of  driver  of  automobile 
by  proof  of  defendant's  ownership  of 
car  or  employment  of  driver.  46  L.R.A. 
(N.S.)  1091;  L.R.A,1918D,  924. 

When  car  is  being  used  by  servant  or  an- 
other for  his  own  pleasure  or  busi- 
ness. 1  L.R.A.(N.S.)  235;  9  L.R,A. 
(N.S.)  1033;  14  L.R.A.(N.S.)  216; 
21  L.R.A.(N.S.)  93;  26  L.R.A.(N.S.) 
382;  33  L.R.A. (N.S.)  79;  37  L.R.A. 
(N.S.)  834;  47  L.R.A.  (N.S.)  662; 
L.R.A.1916A,  957. 

Liability  of  owner  upon  the  ground  of  dan- 
gerous agency,  or  of  negligence  in 
intrusting  car  to  incompetent  or 
noijlisent  person,  for  injuries  in- 
flicted while  latter  is  operating  car 
for  his  own  purpose.  L.R.A.1915D. 
691;  L.R.A.1916E,  1295;  L.R.A. 
1917F,  384. 

Liability  of  owner  for  injury  inflicted  by 
car  while  being  run  by  one  to  whom  it 
has  been  intrusted  for  storage  or  re- 
pairs. 51  L.R.A.(N.S.)  772;  L.R.A. 
]J)1CB,  762. 

Liability  of  master  for  injury  to  person  rid- 
ing with  servant  by  latter's  invitation 
or  permission.    L.R.A.1917F,  425. 

When  car  is  being  used  by  borrower  or 
hirer.     33  L.R.A.(N.S.)    81. 

Liability  of  automobile  owner  for  negli- 
gence of  chauffeur  furnished  by  tliird 
person.  39  L.R.A.  (N.S.)  933;  48 
L.R.A. (N.S.)    424. 

Liability  where  automobile  is  being  used 
by  a  member  of  owner's  family.  41 
L.R.A.(N.S.)  775;  50  L.R.A. (N.S.)  59; 
L.R.A.1916F,  223;  L.R.A.1917F,  365; 
L.R.A.1918F,  297. 

Who  is  responsible  for  negligence  of  Chauf- 
feur operating  a  leased  or  demonstrat- 
ing car.  40  L.R.A.(N.S.)  457;  44 
L.R.A.(N.S.)  113;  51  L.R.A.  (N.S.) 
1164. 

§  3a.  Liability  of  one  giving  instruc- 
tions in  driving. 

Liability  of  one  undertaking  to  give  in- 
struction in  driving  automobile  for  neg- 
ligent operation  during  instruction. 
L.R.A.1917A,  397. 

§  4.  Duty  and  liability  to  operator  or 
person  using. 

Generally.     1  L.R.A. (N.S.)    237. 

Automobile  owner's  liability  for  injury  to 
servant.  46  L.R.A. (N.S.)  1183;  L.R.A. 
1917D,   116;    L.R.A.1918E,  416. 

Duty  as  to  condition  of  highway.  1 
L.R.A.(KS.)  237;  14  L.R.A.(N.S.)  816. 

Municipal  liability  for  injury  to  persons 
using  automobiles  by  defect  or  obstruc- 
tion   in   street.     20   L.R.A. (N.S.)    756. 

Liability  in  case  of  collision  of  automobile 
with  car  standing  on  railroad  crossing. 
L.R.A.1918E,  792. 

Liability  for  injury  to  occupant  by  skid- 
ding of  automobile  due  to  oiling  street. 
L.R.A.1917F,  712. 

Liability  of  manufacturer  or  dealer  for  per-  , 
sonal  injuries  caused  by  defects  in  au- 

Consult  also  L.R.A.  Digests  of  Cases. 


AUTOMOBILES— cont'd 

tomobile.     37  L.R.A.(N.S.)   560;  L.R.A. 

1915E,  287;   L.R.A.1916F,  704. 
§  5.  Speed;  evidence. 
Speed  at  which  driver  approaches  railroad 

crossing  as  contributory  negligence,  see 

infra,  §  7. 

Public  regulations  as  to.  1  L.R.A. (N.S.) 
219;  L.R.A.1918D,  132. 

Effect  of  speed  and  application  of  speed 
regulations  on  liability  for  collision  be- 
tween automobiles,  or  an  automobile 
and  another  vehicle,  at  or  near  corner  of 
streets  or  highways.    L.R.A.1916A,  747. 

Speed  of  automobile  as  negligence.  25 
L.R.A.(N.S.)  40;  38  L.R.A. (N.S.)  488; 
61  L.R.A.(N.S.)    993. 

Res  ipsa  loquitur.     32  L.R.A. (N.S.)    1177. 

Evidence    as    to    speed    of    automobile.     34 
L.R.A,(N.S.)  778. 
Opinion  evidence.     L.R.A.1918A,  705. 

Admissibility,  in  prosecution  for  driving  at 
dangerous  speed,  of  evidence  of  traffic 
reasonably  to  be  expected  upon  high- 
way.    2  B.  R.  0.  201. 

§  6.  Contributory  negligence. 

Contributory  negligence  in  violating  rule  of 
the  road  generally,  see  Negligence, 
§  40. 

Effect  of  contributory  negligence  on  homi- 
cide by  negligent  operation  of  automo- 
bile.    L.R.A.1918B,  957. 

Reciprocal  duty  of  driver  of  automobile  and 
children  in  street.    L.R.A.1918A,  245. 

Reciprocal  duty  of  operator  of  automobile 
and  pedestrian  to  use  care.  51  L.R.A. 
(N.S.)   990. 

Duty  of  pedestrians  to  look  out  for-  auto- 
mobiles. 3  L.R.A.(N.S.)  345;  20 
L.R.A.(N.S.)  232;  38  L.R.A.(N.S.) 
488;  42  L.R.A.(N.S.)   1179. 

Signal  of  traffic  officer  as  affecting  duty  of 
travelers  to  exercise  care.  L.R.A.1917B, 
137. 

Negligence  of  child  running  in  front  of  au- 
tomobile.    26  L.R.A.(N.S.)  435. 

Attempting  to  pass  automobile  with  fright- 
ened horse.  1  L.R.A. (N.S.)  228;  31 
L.R.A.(N.S.)   1J37. 

Contributory  negligence  of  driver  of  horse 
encountering  automobile  on  high- 
way.    50  L.R.A. (N.S.)   566. 

Contributory  negligence  of  passenger  riding 
in  automobile  driven  by  another  pre- 
cluding recovery  against  third  person 
for  injury.    L.R.A.1915B,  953. 

Violation  of  statute  or  ordinance  by  plain- 
tiff as  precluding  recovery.  L.R.A. 
1915E,  961. 

Defendant's  violation  of  law  as  affecting  de- 
fense of  contributory  negligence.  L.R.A. 
1915D,  968. 

§   7.  — of  operator. 

Care  required  of  driver  of  automobile  at 
railroad  crossing.  21  L.R.A.  (N.S.) 
794;  29  L.R.A.(N.S.)  924;  46  L.R.A. 
(N.S.)   702. 

Intoxication  of  person  operating  automo- 
bile.    L.R.A.1917A,  313. 


re 


INDEX  TO  L.R.A.  NOTES. 


AUTOMOBILES— cont'd 

Violation  of  statute  or  ordinance  by  plain- 
tiff as  precluding  recovery  for  negli- 
gence in  action  by  driver  or  owner  of 
automobile.     L.R.A.IOISE,  9C0. 

Imputed  negligence  of  passenger  riding  in 
automobile  driven  by  another  preclud- 
ing recovery  against  tliird  person  for 
injury.    L.6.A.1915B,  953. 

§  8.  Injury  to  guest  or  passenger,  or 
Korvant  riding  in  car. 

Regulation  of  automobiles  for  hire.  1  L.R.A. 
(N.S.)   222. 

Liability  for  -injury  to  passenger.  21 
L.R.A.  (N.S.)    81;  85  L.R.A.  (N.S.)   658. 

Owner's  liability  for  injury  to  servant  rid- 
ing in  car.  46  L.R.A.  (N.S!)  1183; 
L.R.A.1918E,  416. 

Liability  of  owner  or  operator  for  injury  to 
guest.  50  L.R.A. (N.S.)  1100:  L.R.A. 
1916E,  1193;   L.R.A.1918C,  276. 

Applicabiirty  of  doctrine  of  res  ipsa  lo- 
quitur wjiere  accident  to  passenger  is 
occasioned  by  skidding  of  vehicle.  3 
B.  R.  C.  97. 

§   9.  Garage;  ga.solene  stations. 

Right  of  owner  of  garage  to  lien.     1  L.R.A. 

(N.S.)   240. 
As  within  restrictive  covenant.     34   L.R.A. 

(N.S.)  730. 
Prohibition  or  regulation  of  garage.    L.R.A. 

1915D,  603. 
Garage  as  a  nuisance.     L.R.A.1917E,  369. 
Duty    and    liability    of    garage    keeper    to 
owner    of    cars.      45    L.R.A. (N.S.) 
314;  48  L.R.A.(N.S.)   561. 
Gasolene  stations.    L.R.A.1917F,  1005. 

§    10.  Insurance. 

See  I.xsuRANCE,  §  221. 

^    11.  Automobile  distribution  contract. 

Whetlier  contract  of  agency  or  sale.    L.R.A. 

19156,  110. 
Validity  as  affected  by  provision  for  cancel- 
ing.    L.R.A.1915B,  no. 
Validity  as  affected  by  indefinite  description 
of  machines  to  be  furnisiied  under  the 
contract.     L.R.A.1915B,  113. 
Validity  under  antimonopoly  laws.     L.R.A. 

19i5B,  113. 
Breach  of  contract  by  dealer.     L.R.A.1915B, 

113. 
Breach  by  manufacturer    by    selling    auto- 
mobiles      in      dealer's      territory. 
L.R.A.1915B,  114. 
Measure  of  damages  for  breach  by  manu- 
facturer.   L.R.A.1915B,  114. 
Measure  of  damages  for  breach  by  dealer. 
L.R.A.1915B,  117. 


AUTOPSY, 


AUTOPSY— cont'd 

Privilege  as  to  information  acquired  by. 
38  L.R.A.(N.S.)   1186. 

Liability  for  damages  for  performing  au- 
topsy.    L.R.A.1918D,  404. 


Provision  in  insurance  policy  as  to,  see  In- 
surance, §  91a. 
See  also  Post  Mortem. 

Power  of  coroner  to  order.     31  L.R.A.  540. 
Right    of    court    to    order    disinterment    of 

corpse     for     evidential     purposes.     22 

L.R.A.(N.S.)   513. 
Begin  tvith  this  book  on  every  law  question. 


AVERAGE. 


Admiralty  jurisdiction  of.     66  L.R.A.  234. 
Maritime  lien  for.     70  L.R.A.  363,  375. 


■♦•» 


AVERAGE  EARNINGS. 

To  which  injured  workman  is  entitled  under 
workmen's  compensation  act.  L.R.A. 
1916A,  149,  373;   L.R.A.1917D,  175. 


AVOIDANCE. 


Of  contract  by  infant,  see  Infants,  §§  21- 
23. 


AWARD. 

Of  arbitrators,  see  Arbitratio",  §§  5,  6. 
In  condemnation  proceedings,  see  Eminent 
Domain,  §  31. 

• ♦-•-♦ 


AWNINGS. 


§  1.  Generally. 

Right    to    maintain    in    streets.     26   L.R.A. 

340. 
Power  of  municipal  corporation   to  compel 

removal    of    awnings    enci    .'.ching    on 

street.      20    L.R.A. (N.S.)     146;    L.R.A. 

19160,  564. 
Municipal   regulation   of,   as  nuisances.     39 

L.R.A.  667. 
Special  damage  from   awning  or  structure 

overhanging   street  which  will   sustain 

action   by   private   person   to   abate   or 

enjoin    it    as    a    nuisance.      48    L.R.A. 

(N.S.)    173. 
Extension    of,   beyond   line  as  violation    of 

building   restriction.      52   L.R.A. (N.S.) 

1052. 

§  2.  liiability  for  injury  by. 

As  causes  contributory  to  injury  by  ice 
on  street  or  sidewalk.  21  L.R.A. 
276. 

Liability  of  landlord  to  third  persons  for 
condition  of.     26  L.R.A.  200. 

Liability  for  injury  from  fall  of  awning. 
12  L.R.A. (N.S.')  721;  24  L.R.A.(N.S.) 
139. 

Municipal  liability  for  injury  bv  overhang- 
ing awnings.     20  L.R.A. (N.S.)    645. 

Violating  ordinance  as  to,  as  ground  for 
private  action.     5  L.R.A. (N.S.)   261. 


AX. 


INDEX  TO  L.R.A.  NOTES. 

AYES  AND   NAYS. 


77 


Master's   liability   for   injury  by   defect   in. 

13  L.R.A.(N.S.)   673. 
As  deadly  weapon.     21  L.R.A.{N.S.)    506. 


Sec  Yeas  and  Nays. 


B 


BACK  FIRE. 


Is  employee  chargeable  with  knowledge  of 
danger  of  back  fire  from  furnace.  45 
L.R.A.(N.S.)    658. 


BAD  CHARACTER. 

In  general,  see  Gharacteb, 

Right  to  reject  passenger  because  of.     43 
L.R.A.(N.S.)   821. 


♦  •» 


BAD  FAITH. 

See  also  Gk)OD  Faith. 

Effect  of  bailee's  bad  faith  on  hiii  right  to 
assert  against  bailor  hostile,  adverse, 
paramount  title  of  third  person.  33 
L.R.A.{N.S.)   694,  697. 

EiTect  of  bad  faith  in  assignment  oh  as- 
signor's right  to  testify  as  to  trans- 
actions with  or  statements  by  deceased 
person.     42   L.R.A.{N.S.)    320. 

Efl'ect  of  complainant's  bad  faith  on  right 
to  injunction  against  nuisance.  31 
L.R.A.(N.S.)   897. 

Right  to  maintain  action  to  recover  prop- 
erty in  specie  against  one  wlio  lias 
parted  with  it  in  bad  faith.  18  L.R.A. 
(N.S.)    1209. 

Bad  faith  of  assured  as  affecting  estoppel 
of  insurer  to  set  up  falsity  of  answers 
in  application  because  of  agent's  knowl- 
edge of  such  falsity.  14  L.R.A.(N.S.) 
280. 

In  exercise  of  power  of  sale  as  affecting 
marketability  of  title.  38  L.R.A. 
(N.S.)   18. 


BADGE. 

Right  to  prohibit  wearing  of  badge  of  so- 
ciety by  nonmember,  24  L.R.A. (N.S.) 
796. 


BAD   MOTIVE. 


See  Motive. 

Confittlt  also  L.R.A. 


BAGGAGE. 

In  general,  see   Carriers,   §§   86-92;    Inn- 

KEEPERS. 

Porfeiture     of     dutiable     articles     in.      56 
L.R.A.  (N.S.)    130. 


BAGGAGE  CAR. 


Passenger's     riding     in,     as     contributory 
negligence.     16  L.R.A.  631. 


.BAGGAGE  CHECK. 

Delivery  of,  to  carrier,  as  delivery  of  bag- 
gage.    14  L.R.A. (N.S.)    859. 


BAGGAGE  MASTER. 

Carrier's  liability  for  malicious  acts  of, 
towards  passengers.  4  L.R.A. (N.S.) 
493. 


BAGGAGE  MEN. 


As  fellow  servants.     50  L.R.A.  45G. 

How  far  carrier  is  bound  by  baggage  manV 

acts    in   receiving   articles   as   baggage. 

10  L.R.A.(N.S.)    1119. 


BAGGAGE  TRANSFER  C03tPANY. 

Liability  of,  see  Carriers,  §  106. 

Right  of  carrier  to  grant  exclu.sive  train 
])iivilege  to  baggage  or  transfer  com- 
panies.    32  L.R.A.(N.S.)    1181. 


BAIL    AND    RECOGNIZANCE. 

§    1.  Generally. 

Special,  in  suit  for  slander  by  wife.  30 
L.R.A.  530. 

For  future  appearance  in  case  of  excessive 
sentence.     45  L.R.A.  149,  ]58. 

Delay  of  prosecution  as  ground  for  dis- 
charge where  accused  out  on  bail.  56 
L.R.A.   533. 


Digests  of  Cases. 


78 


INDEX  TO  L.R.A.  NOTES. 


B^IL  AND  RECOGNIZANCE— cont'd 

Appearance  by  counsel  on  charge  of  mis- 
demeanor as  satisfaction  of  condition 
of  bail  bond  or  recognizance.  27 
L.RA.{N.S.)    943. 

VVliat  constitutes  breach  of  ne  exeat  bond. 
20  L.R.A.(N.S.)   76. 

Form  of  judgment  on  bail  bond.  62  L.R.A, 
443. 

Penalty  as  limit  of  liability  on  bail  bond. 
55  L.R.A.  391. 

Right  of  nonresident  to  exemption  from 
service  of  process  while  within  juris- 
diction pursuant  to  condition  of  bail 
bond.  27  L.R.A.(N.S.)  333;  51  L.R.A. 
(N.S.)  328. 

Witness  fees  to  persons  under  detention  or 
recognizance,       20  L.R.A.  57. 

Right  to  recover  back  deposit  for  release 
of  person  illegally  detained.  2  L.R.A. 
(N.S.)   563. 

Liability  of  officer's  bond  for  failure  to  re- 
turn money  accepted  in  lieu  of  bail 
bond.    39  L.R.A.  (N.S.)  578. 

Presumption  as  to  time  of  alteration  in 
bail  bond.       39  L.R.A. (N.S.)   Ill,  ns. 

Deposit  of  cash  in  lieu  of  bail  in  criminal 
cases,  in  absence  of  statutory  au- 
thority. 44  L.R.A.(N.S.)  1150. 
'Time  and  place  covered  by  recognizance  or 
bail  bond  in  criminal  case.  L.R.A. 
1916F,  363. 

§  ia.  In  capital  case. 

Bail  as  matter  of  right.  39  L.R.A. (N.S.) 
752. 

Who  may  admit  to  bail.  39  L.R.A.(N.S.) 
758. 

Bail  before  indictment.  39  L.R.A.(N.S.) 
759. 

Bail  upon  indictment.  39  L.R.A. (N.S.)   760. 

Bail  after  indictment.  39  L.R.A. (N.S.)   766. 

Application  for  bail  on  special  grounds.  39 
L.R.A.(N.S.)    769. 

Burden  of  proof.  39  L.R.A.(N.S.l    772. 

Amount  of  baiL  39  L.R.A. (N.S.)   782. 

Rules  governing  appellate  court  on  appli- 
cation for  bail.  39  L.R.A.(N.S.)784. 

§  2.  Right  to;  when  admitted  to. 

Danger  to  health  from  confinement  as 
ground  for  removal,  or  release  on  bail. 
31  L.R.A.(N.S.)    916. 

Right  of  a  Chinese  person  to  bail  in  depor- 
tation proceedings.  31  L.R.A.  (N.S.) 
1088. 

Right  to  release  on  bail  pending  appeal  un- 
der a  general  statute.  37  L.R.A. (N.S.) 
693. 

Bail  in  capital  case  as  a  matter  of  right. 
39  L.R.A.(N.S.)    752. 

Right  to  release  pending  appeal  from  con- 
viction, upon  taking  pauper's  oath. 
L.R.A.1916F,  106. 

Right  to  bail  pending  attempt  to  avoid  body 
execution.    L.R.A.1915E,  340. 

§  3.  Who  may  take. 

Power  of  clerk  of  court  to  take.   1  L.R.A. 

(N.S.)   849. 
Who   may    admit   to   bail    in   capital    case,  i 

39  L.R.A. (N.S.)    758.  * 

Begin  teith  this  hook  on  every  law  question. 


BAIL  AND  RECOGNIZANCE— cont'd 
§  4.  Execution   of. 

Effect  of  insertion  of  unauthori;:ed  provi- 
sions in  bond.     L.R.A.1917B,  990. 

Execution  of  bail  bond  on  condition  that 
others  shall  sign.  45  L.R.A.  334. 

Eirect  of  delivery  of  bail  bond  unsigned  by 
principal  obligor.  12  L.R.A.  (N.S.) 
1118. 

§  5.  Necessity  and  siilHciency  of  de- 
scription of  offense  in. 

Necessity  of  description.       38  L.R.A. (N.S.) 

310. 
Sufficiency    of    description    in    states    other 

than  Texas.     38  L.R.A. (N.S.)   312. 
Texas    decisions    under    early    statute.    38 

L.R.A.  (N.S.)    319. 
Texas    decisions    under    later    statute.    38 

L.R.A. (N.S.)    324. 
Variance.       38  L.R.A.(N.S.)    325. 
Charging   offense   in   alternative,  duplicity. 
38   L.R.A.  (N.S.)    328. 

§  6.  Effect  of  release  on. 

Release  on  bail  as  affecting  right  to  habeas 
corpus.       35  L.R.A. (N.S.)    882. 

Release  upon  defendant's  own  recognizance 
or  on  bail  as  affecting  damages  recover- 
able in  action  for  false  imprisonment. 
22  L.R.A.(N.S.)    1196. 

§  7.  Liability  of  sureties. 

Effect  of  granting  new  trial  after  a  convic- 
tion, to  extend  the  liability  of  accused's 
bond.       20  L.R.A. (N.S.)  "861. 

Liability  of  sureties  on  bail  bond  where 
judgment  is  in  favor  of  one  principal 
and  against  another.  51  L.R.A. (N.S.) 
661. 

Liability  of  bail  where  principal  fails  to  ap- 
pear for  no  fault  of  his  own.  23 
L.R.A.(N.S.)  137;  30  L.R.A.  (N.S.) 
211;  50  L.R.A.(N.S.)  252. 

Effect  upon  surety  on  bail  bond  or  recog- 
nizance of  judgment  against  principal. 
40  L.R.A.(N.S.)    746. 

§  8.  Rights  of  sureties;    release. 

Right  of  sureties  on  bail  bond  to  pursue 
their  principal  into  another  state  for 
the  purpose  of  arresting  him.  14 
L.R.A.  605. 

Discharge  of,  as  terminating  prosecution 
so  as  to  support  suit  for  malicious 
prosecution.       2   L.R.A.(N.S.)    940. 

Amendment  of  claim  or  pleading  as  dis- 
charge of  surety  on  bail  bond  in  civil 
actions.       42  L.R.A. (N.S.)    484. 

Taking  accused  into  custody  as  release  of 
surety.     44  L.R.A.(N.S.)  1065. 

§  9.  Indemnity  to  sureties. 

Indemnity  to,  in  criminal  cases.      14  L.R.A. 

78. 
Validity    of    agreement    to    indemnify    bail 

in  a  criminal  case.       20  L.R.A. (N.S.) 

58. 

§10.  Forfeiture  of  bond. 

Necessity  of  calling  accused  and  entering 
his  default  in  order  to  sustain  forfeit- 
ure of  recognizance.  5  L.R.A. (N.S.) 
402. 


INDEX  TO  L.R.A.  NOTES. 


79 


BAILIFF. 

Coercion  of  disagreeing  jury  by.      16  L.R.A. 

644. 
Improper     influence    or    interference    with 

grand  jury  by.       28   L.R.A.  371. 
Unauthorized  presence  of,   in    grand    jury 

room,  as  affecting  indictment.     L.R.A, 

1916D,  1125. 


BAILMENT. 


§  1.  Generally. 

Embezzlement    by    bailee,    see    Embezzle- 
ment, §  3. 
As  to  warehouseman,  see  Warehouseman. 
See   also   Innkeepers. 

Power  of  officer  or  employee  to  bind  bank  by 
agreement  for  bailment  other  than  one 
conceded  to  be  a  special  deposit.  L.R.A. 
1915B,  542. 

Insurance  on  property  held  by  bailees.  52 
'      L.R.A.  341. 

Reservation  of  title,  as  against  creditors 
in   bailment   for   sale.     22   L.R.A.  850. 

Person  in  charge  of  a  vehicle,  under  a  con- 
tract purporting  to  be  a  bailment  or 
lease,  as.  a  servant  of  the  owner  as  to 
third  persons  injured  by  the  vehicle. 
6  L.R.A. (N.S.)    544. 

Interpleader  between  bailor  and  bailee.  10 
L.R.A.(N.S._)   756. 

Laying  ownership  in  bailee  in  indictment 
for  obtaining  property  by  false  pre- 
tenses.    22  L.R.A. (N.S.)    645. 

Effect  of  bailee's  consent  to  taking  of  prop- 
erty on  crime  of  larceny.  7  L.R.A. 
(N.S.)    1149. 

Oarnishment  of  negotiable  paper  in  cus- 
tody of  bailee.     L.R.A.1918C,  755. 

§  2.  What  constitutes. 

Construction  of  contract  having  some  pro- 
visions peculiar  to  consignment  and 
agency  contracts  and  others  to  sale 
contracts.    L.R.A.1917B,  626. 

Distinction  between  bailment  and  loan  of 
money.     L.R.A.1916F,  92. 

Distinguished  from  special  deposit  within 
rule  that  national  bank  may  receive 
special   deposits.     L.R.A.1918A,   75. 

Public  officer  depositing  funds  in  bank 
which  fails  as  bailee.  36  L.R.A. 
(N.S.)     290. 

§  3.  Rights  of  bailor. 

Apparent  ownership  of  bailee  as  affecting 
right  of  bailor  to  claim  title  against 
bailee's  vendees  or  creditors.  25 
L.R.A.(N.S.)    701,  776. 

§  4.  Rights   of  bailee. 

Right  of  bailee  to  assert  against  his  bailor 
the  hostile,  adverse,  paramount  ti- 
tle of  a  third  person.  33  L.R.A. 
(N.S.)    681;   L.R.A.1918B,  662. 

Consult  also  L.R.A.  Digests  of  Cases, 


BAILMENT— cont'd 

Right  of  one  in  possession  of  another's  prop- 
erty to  appropriate  it  to  an  executory 
contract   with   the   latter.        36   L.R.A. 
(N.S.)     622. 
Right   of   bailee   to  recover   for   damage  to 
or    conversion   of   property.     3    B. 
R.  C.  388. 


§  5.  Duty  and  liability  of  bailee. 

Duty  and  liability  of  garage  keeper,  see 
Automobiles,  §  9. 

Liability  of  warehouseman,  see  Warehouse- 
men, §  4. 

Presumption  and  burden  of  proof  as  to  care 
'  or  iiegligence  in  respect  to  subject  of, 
43  L.R.A.(N.S.)   1168. 

Right  of  action  for  negligent  breach  of 
gratuitous  undertaking.  12  L.R.A. 
(N.S!)    929,   931. 

Dutv  and  liability  of  owner  of  boat  livery. 
"L.R.A.1917F,  860. 

Liability  of  carrier  for  lost  property  In 
check  room.       29  L.R.A.(N.S.)    834. 

Duty  of  bank  as  to  payment  of  money  held 
as  bailee.       21  L.R.A. (N.S.)    816. 

Liability  of  bailee  of  bicvcle.  47  L.R.A. 
305. 

Care  required  of  keeper  of  boarding  stable. 
23  L.R.A. (N.S.)    188. 

Liability  of  livery-stable  keeper  for  loss  of 
property  of  patron.  3  L.R.A. (N.S.) 
348. 

Liability  of  pledgee  of  stock  as  a  share- 
holder.       36    L.R.A.    139. 

Liability  of  keeper  of  bath  house  for  loss 
of  guest's  valuables.  6  L.R.A.  (N.S.) 
828. 

Liability  of  storekeeper  for  property  sto- 
len from  customer.  10  L.R.A. (N.S.) 
314. 

Liability  for  negligent  performance  by  sel- 
ler of  agreement  to  ship  goods,  by  rea- 
son of  which  they  are  lost.  12  L.R.A. 
(N.S.)    679. 

Liability  of  a  bailee  under  a  contract  re- 
quiring him  to  return  or  pay  for  the 
subject  of  the  bailment,  in  case  of  its 
loss  or  destruction  without  fault  on 
his  part.    14  L.R.A.  (N.S.)  1090. 

Liability  of  bailee  for  interest.  28  L.R.A. 
(N.S.)    6. 

Duty  of  bailee  as  to  repair  of  subject  of 
bailment  for  use.    52  L.R.A. (N.S.)  412. 

Liability  for  loss  of,  or  injury  to,  property 
upon   exhibition.     L.R.A.1915A,   594. 

Liability  of  bailee  under  special  terms  of 
contract  for  care  or  return  of  sub- 
ject of  bailment.'  L.R.A.1915B, 
295. 

§   6.  —  of  horse  or  vehicle. 

Presumption  and  burden  of  proof  as  to  can; 
or  negligence  in  case  of  hire  or  loan  of 
horses  and  carriages.  43  L.R.A.  (N.S.) 
1181. 

Liability  of  hirer  of  liorse  imder  special 
terms  of  contract  for  its  care  or  re- 
turn.   L.R.A.1915B,  304. 


80 


INDEX  TO  L.R.A.  NOTES. 


BAILMENT— cont'd 

Liability  of  hirer  of  team  for  damage  to 
team  or  wagon  by  negligence  of  driver 
in  general  employ  of  owner.  L.R.A. 
lOlGF,  10.39. 

Liability  of  hirer  for  driving  team  to  place 
where  it  was  not  hired  to  go.  26 
L.R.A.   366. 

Liability  of  hirer  for  injury  to  horse  while 
being  used  for  a  purpose  other  than 
that  for  which  it  was  hired.  28 
L.R.A.(N.S.)    n06. 

Who  is  responsible  for  acts  of  driver  fur- 
nished with  a  hired  vehicle.  13  L.R.A. 
(N.S.)  1122;  16  L.R.A.(N.S.)  816; 
25  L.R.A.(N.S.)  33;  38  L.R.A. (N.S.) 
973;  44  L.R.A.(N.S.)  113;  §1  L.R.A. 
(N.S.)  1164;   L.R.A.1918E,   121. 

§  7.  — of  goods  In  cold  storage. 

Liability   of   bailee   for   damages   to   goods 

received  for  cold  storage.    52  L.R.A. 

106;   38  L.R.A. (N.S.)    994. 

Presumption    and    burden    of    proof    as    to 

care  or  negligence  in  respect  to  goods 

in  cold  storage.     43  L.R.A  rVRj   n88. 

inability  under  special  terms  of  contract  for 

care  or  return  of  subject   of   bailment. 

L.R.A  1915B,  304. 

§  8.  — of  infant  bailee. 

Criminal  responsibility  of  child  for  larceny 

while  bailee.       36  L.R.A.  202. 
Liability  of  infant  bailee  for  negligence  or 

wilful  injury.     57  L.R.A.  680. 

§  9.  —  delivery  to  third  person. 

Duty  of  carrier  to  recognize  demands  of 
stranger  on  property  delivered  to  it 
for  transportation.  12  L.R.A. (N.S.) 
254. 

§  10.  — liability  for  conversion. 

Conversion  of  coin  by  bailee,  payment  for 
in  coin.     29  L.R.A.  522. 

Liability  of  bailee  for  wrongful  appropria- 
tion bv  his  servant  of  thing  bailed. 
29  L.R.A.  92. 

Liability  of  bailee  (other  than  a  common 
carrier  or  innkeeper)  for  theft  com- 
mitted by  servant.     4  B.  R,  C.  562. 

Lial.'ility  of  bailee  for  articles  which  acci- 
dentally come  into  his  possession  with 
subject  of  bailment.    L.R.A.1915C,  712. 

§  11.  Duty  and  liability  of  bailor. 

Liability  to  servants  of  bailee  for  injuries 
caused  by  condition  of  thing  bailed. 
46  L.R.A.  115. 

Responsibility  of  lender  of  chattel  for  in- 
juries to  the  borrower  or  a  third  person 
due  to  its  unsafe  condition.  12  L.R.A. 
(N.S.)  632. 

Imputing  bailee's  negligence  to  bailor  in  ac- 
tion by  latter  against  third  person  for 
destruction  of  property.  17  L.R.A. 
(N.S.)    925:   27  L.R.A. (N.S.)    690. 

Improvement  of  personal  property  at  re- 
quest of  bailee  as  creating '  liability 
against  the  bailor  or  the  property.  38 
L.R.A.(N.S.)   97.  '      •       • 

Begin  with  this  hook  on  every  latv  question. 


BAILMENT— cont'd 

Duty   of   bailor  as   to  repair   of  subject  of 

bailment    for    use.      52    L.R.A.  <NS) 

412. 


§  12.  —of  horse  or  velilcle. 

Implied  warranty  of  liorse  or  vehicle.  19 
L.R.A.  283. 

Duty  to  inform  bailee  as  to  character  ©f 
horse.     12   L.R.A.   397. 

Duty  of  livery  stable  keeper  as  to  charac- 
ter of  horse.     25  L.R.A. (N.S.)   372. 

Who  responsible  for  acts  of  driver  of  hired 
vehicle.  13  L.R.A.  (N.S.)  1122-  16 
L.R.A.(N.S.)  816;  25  L.R.A. < N.S.)  33; 
44  L.R.A. (N.S.)  113;  51  L.R.A. (US.) 
1164;    L.R.A.1918E,   121. 

Liability  of  owner  for  negligenee  of  bor- 
rower or  hirer  of  automobile.  33 
L.RJ^.(N.S.)    81. 


BAKERIES. 


Constitutionality  of  statutes  regulating,  see 

CONfiTITUTIONAL   Law,    §   48. 

Municipal  control  over,  see  Municifai.  Ctoji- 
POBATIONS,  §  43. 

Validity  of  restrictive  agreement  ancillary 
to  sale  of  business  of.  24  L.R  \ 
(N.S.)   929;  L.R.A.1916C,  630. 

Law  prohibiting  operation  of  bakery  upon 
certain  premises.     44  L.R.A. (N.S.)   48. 


BALES. 

Sufficiency  of  delivery  of  cotton  sold  in 
bales  out  of  a  larger  lot.  26  L.R.A 
(N.S.)  32. 


BALLOON  ASCENSION. 

Liability  of  one  maintaining  place  of  amuse- 
ment for  injury  to  patron  in  connection 
with.  14  L.R.A.(N.S.)  285;  32  L.R.A. 
(N.S.)    717;   L.R.A.1915F,  690. 


BALLOT  BOXES. 


Protection  of,  see  Elections,  §  22. 

Power  of  courts  to  require  ballot  boxes  to 
be  produced  and  opened  in  proceedrngjs 
other  than  election  contests.  33  L.R.A. 
386. 

' — ^»» 

BALLOT   MACHINES. 

See  Elections,  §  23. 

♦*-♦ 


BALLOTS. 


See  Elections,  §§  19-23. 


INDEX  TO  L.R.A.  NOTES. 
BALL  PLAYING.  BANKRUPTCY— cont'd 


81 


See  also  Base  Ball. 

Beciprocal  duty  of  driver  of  automobile  and 
child  playing  ball  in  street.  L.R.A. 
1918A,  258. 


BANK  BILLS. 


Right  to  set  off  against  insolvent  bank,  bills 
purchased  after  insolvency.  21  L.R.A. 
282. 


■♦•♦• 


BANK  BOOK. 

Gift  of,  see  Banks,  §§  12,  12a. 

Admissibility  in  evidence  of  entries  in,  63 
L.BJL.  6£8,  536. 


'BANK   EXAMINER. 

Validity  of  obligation  given  bank  as  af- 
fected by  concealment  of  illegal  trans- 
actions from.  20  L.R.A,(N.S.)  993; 
34  L.R.A.(N.S.)  105;  L.R.A.1916A, 
1218. 


BANK   GUARANTY    LAW. 

See  Banks,  §  52. 

♦-•-♦ 


BANKING  PAPER. 

Setoff  of,  in  bankruptcy  cases.     55  L.R.A. 
40.      • 


BANKRUPTCY. 


/.  In    general,   §§  1-1. 
II.  Jurisdiction,   §    8. 
III.  Relation  of  bankrupt  law  to  as- 
signments and  insolvency  pro- 
ceedings under  state  laws,  §  9. 
Effect  of  bankruptcy  proceedings, 

§§    10,   11. 
Priority    of    rights,   §   12. 
YI.  Preferences     and     transfers      by 
bankrupt,   §§  13-17. 
VII.  Assets       and      their      collection, 
§§    18-22. 
VIII.  Rights    and    liability    of    trustee 
generally,  §  23. 
Claims   against   estate;   distribu- 
tion,  §§  24-31. 
X.  Discharge  and  its  effect,   §§  32- 
86. 
Consult  also  I.R.A.  Digests  of  Cases. 


IV. 


V. 


IX. 


I.  In   general. 

§   1.  Generally. 

Of  corporation,  see  Cobpobations,  §§  134- 

137. 
Self-crimination  of  bankrupt,  see  Cbiminal 

Law,  §  49. 
Effect  of  fraud  in  bankruptcy  matters,  see 

Fbaud  a>d  Deceit,  §  31. 
Insolvency,  see  Insolvency. 
Transfer  of  insurance  policy  in  case  of,  see 

Insurance,  §  123. 

Who  is  within  protection  of  provision  of 
Bankruptcy  Act  as  to  use  in  criminal 
proceeding  of  testimony  given  by  bank- 
rupt.    L.R.A.1917B,  614. 

Metkod  ©f  review  of  controversies  arising 
in  bankruptcy  proceedings.  10  L.R.A. 
(N.S.)  765. 

First  and  last  days  in  computing  time  for 
matters  of.     49  L.R.A.  240. 

Right  of  bankrupt  or  creditors  of  bankrupt 
to  intervene  in  an  action  to  which  the 
•trustee  is  a  party.    L.R.A.1916C,  639. 

Dower  in  land  subject  to  purchase  money 
mortgage  sold  in  bankruptcy  proceed- 
ings against  husband.  52  L.R.A.(!X.S.) 
549. 

Debts  to  be  considered  in  determining  exist- 
ence of  amount  of  indebtedness  neces- 
,  sary  to  adjudge  one  an  involuntarv 
bankrupt.    L.R.A.1916E,  631. 

Liability  for  instituting  bankruptcy  pro- 
ceedings against  one  not  subject  there- 
to.    34  L.R.A. (N.S.)   456. 

Right  to  examine  alleged  bankrupt  prior  to 
adjudication.    24  L.R.A. (N.S.)   985. 

Necessity  to  follow  bankrupt's  estate  pro 
rata  to  hold  indorser  of  note.  18  L.R.A. 
(N.S.)   539. 

Sustaining  equitable  rights  of  wife  in  Fed- 
eral court  which  were  not  recognized 
by  local  law,    1  L.R.A. (N.S.)  321. 

Enjoining  foreclosure  proceedings  pending 
bankruptcy.      2    L.R.A. (N.S.)     560. 

Collateral  attack  for  fraud  not  affecting 
jurisdiction  on  judgments  in.  36 
L.R.A. (N.S.)    981. 

Sufficiency  of  service  of  notice  necessary  to 
fix  contract  rights  upon  bankrupt  after 
initiation  of  bankruptcy  proceedings, 
but  before  appointment  of  trustee.  41 
L.RA.(N.S.)  276. 

§  2.  Acts  of  bankruptcy. 

Assignment  for  creditors  as.    45  L.R.A.  177. 
Preference  of  firm  creditor  by  pai'tner  out 

of    his    own    property    as.      16    L.R.A. 

(N.S.)  656. 

§  3.  Who  subject  to  involuntary  pro- 
ceedings. 

Involuntary  proceedings  against  public- 
service  corporations.  33  L.R.A. (N.S.) 
454. 

Engaging  in  other  business  as  affecting  ex- 
emption of  farmer  from  involuntary 
proceedings  in  bankruptcy.  20  L.R.A. 
(N.S.)  148. 


6 


INDEX  TO  L.RwA..  NOTES. 


82 

BANKRUPTCY,  I.— cont'd 

Construction  on  groiuul  as  manufacturing 
within  provision  drlininj,'  corporations 
which  may  be  adjudged  involuntary 
bankrupts.     20   L.R.A.(x\.S.)    47.5. 

'Effect  upon  state  insolvcn>-y  laws  of  pro- 
visions of  Federal  Bankruptcy  Act  ex- 
cepting farmers,  wage  earners,  and 
small  debtors  from  involuntary  bank- 
ruptcy.    L.R.A.1917A,  105). 

• 

§  4.  Foreign  proceedings. 

Conclusiveness  of  foreign  adjudications  m 

bankruptcy.    20  L.R.A.  673. 
Transfer  of  property   by   foreign  bankrupt 

and   insolvent  assignments.     23  L.R.A. 

33;    65   L.R.A.   353. 
Effect    of    foreign    bankruptcy    assignment 

on  personal  property,  where  no  rights 

of   creditors   are   involved.     17   L.R.A. 

(N.S.)  173. 

§  5.  Partnership  bankruptcy. 

Effect  of  bankruptcy  proceedings,  see  infra, 
§   11.  ■  . 

Bankruptcy  of  partnership  generally,  see 
Partnership,  §§  15-17. 

Preference  of  firm  creditor  by  a  partner  out 
of  his  own  property  as  an  act  of  bank- 
ruptcy by  the  firm.  16  L.R.A.  (N.S.) 
666.  ' 

Application  of  partnership  assets  with  con- 
sent of  all  partners  to  payment  of  in- 
dividual debt  of  partner  as  a  voidable 
preference.     17  L.R.A. (N.S.)    1040. 

Right  of  claim  based  on  tort  of  a  partner- 
ship to  share  with  creditors  of  individ- 
ual partners.    41  L.R.A.  1223. 

Claim  in  bankruptcy  as  remedy  for  breach 
of  agreement  to  assume  debts  on  dis- 
solution of  partnership.  9  L.R.A. 
(N.S.)  114. 
'  Must  individual  partners,  as  well  as  firm, 
be  insolvent  in  order  to  render  the 
firm  bankrupt,  or  to  avoid  a  payment  of 
a  firm  debt  as  a  preference.  21  L.R.A. 
(N.S.)  960. 

Provability  of  partnership  debts  in  individ- 
ual proceedings.     69  L.R.A.  772. 

Discharge  of  partnership  liability  in  in- 
dividual proceedings.  69  L.R.A.  771; 
L.R.A.1918E,  470. 

§  6.  Running  of  limitations. 

Limitation  of  action  against  bankrupt.  26 
L.R.A.  738. 

Interruption  of  limitations  as  to  fund  ob- 
tained under  bankruptcy  act.  26  L.R.A. 
738. 

When  statute  of  limitations  begins  to  run 
in  action  bv  assignee  or  trustee  for 
unpaid  stoclc  subscription.  1  L.R.A. 
(N.S.)909. 

§  7.  Costs  and  expenses. 

What  fund  is  chargeable  with  costs  and  ex- 
penses of  sale  when  encumbered  prop- 
erty is  sold  in  bankruptcy,  free  of  liens, 
29  L.R.A.(N.S.)  737. 

Allowance  of  attorneys'  fees  in  bankruptcy 
cases.     54  L.R.A'.  826. 


Begin  with  this  hooTc  on  every  laic  tptestion. 


BANKRUPTCY— cont'd 

//.  Jurisdiction. 

§     8.  Generally. 

Of  state  courts  over  actions  by  or  against 
assignee  in  bankruptcy.     48  L.R.A.  30. 

Question  relating  to  bankruptcy  as  Federal 
question.     62  L.R.A.  535. 

Is  state  court's  jurisdiction  of  creditor's  at- 
tack on  preference  ousted  by  bankrupt- 
cy proceedings  commenced  more  than 
four  months  after  preference.  28 
L.R.A. (N.S.)   363. 

Equity  jurisdiction  of  suit  by  trustee  in 
bankruptcy  to  recover  sum  of  money 
from  one  who  has  received  fraudulent 
transfer  or  unlawful  preference.  16 
L.R.A.  (N.S.)    414. 

III.  Relation  of  hanlcrupt  law  to  as- 
signments and  insolvency  proceed- 
ings under  state  latvs. 

§  9.  Generally. 

Provisions   of   the   various   bankrupt   laws. 

46   L.R.A.   177. 
An  assignment  for  creditors  as  an   act  of 

bankrui)tcy.     45  L.R.A.  177. 
Effect  of  bankrupt  law  on  assignments  for 

creditors.     45  L.R.A.  178. 
Effect   of   bankrupt   law   on    insolvent   pro- 
ceedings    under     state     laws.     45 
186. 
Proceedings   for   a   receiver   as   affected   by 

bankrupt  law.     45  L.R.A.  190. 
Effect  of   creditor's   bill   or   supplementary 

proceedings   as   against   bankrupt'  pro- 
ceedings.      45  L.R.A.  193. 
Effect   of   an    assignment    for   creditors    on 

the  right  to  a  discharge  in  bankruptcy. 

45  L.R.A.  194. 

IV.  Effect   of   bankruptcy   proceedings, 

§10.  Generally. 

Transfer  of  trademark,  see  Trademark,  §  5. 

On  prior  action  to  rescind  sale  for  fraud. 
8  L.R.A. (N.S.)    1204. 

Suspension  of  running  of  limitations  by 
bankruptcy  proceedings.  L.'R.A.1915B, 
1221. 

Effect  of  foreign  bankruptcy  assignment  on 
personal  property,  where  no  rights  of 
creditors  are  involved.  17  L.R.A. 
(N.S.)    173. 

Effect  of  adjudication  based  on  preference 
of  creditor  by  judgment,  as  conclusive 
adjudication  against  such  creditor  in 
other  proceedings.  1  L.R.A.  (N.S.) 
386. 

Payment  voidable  under  bankruptcy  act  as 
discharge  of  surety,  guarantor,  or  in- 
dorsee    9   L.R.A.(N.S.)    581. 

Bankruptcy  of  maker  of  note  as  excuse  for 
delay  in  enforcing  liability.  18  L.R.A. 
(N.S.)   559. 

Bankruptcy  of  corporation  as  excusing  cred- 
itors from  exhausting  remedies  against 
it  before  enforcing  stockholder's  liabili- 
ty.    24  L.R.A.(N.S.)   628. 

Effect  of  bankruptcy  of  employer  on  rights 
of  employee  under  workmen's  compensa- 
tion acts.    L.RA.1916A,  98. 


INDEX  TO  L.R.A.  NOTES. 


83 


BANKRUPTCY,  IV.— cont'd 
Effect   of   bankruptcy   of   mortgagor   before 
acquiring  outstanding  title  on  bis  right 
to   set   up   outstanding  title   to   defeat 
the  mortgage.     L.R.A.1918B,  768. 
Effect  of  bankruptcy  of  property  owner  on 
mechanics'       liens.       L.R.A.1915F, 
1132. 
Effect  of   bankruptcy   of   principal  contrac- 
tor upon  lien  rights  of  subcontrac- 
tors   or    materialmen.      51    L.R.A. 
(N.S.)   68;  L.R.A.1916F,  113. 
Effect-  of  bankruptcy  of  contractor  on  right 
of   laborer   or   materialman   to   enforce 
mechanics'    lien    against    property    im- 
proved.     26  L.R.A. (N.S.)  409. 
Effect    of   bankruptcy    on    dower    rights   of 
bankrupt's   wife.        18    L.R.A.    77;    26 
L.R.A.(N.S.)     1180;     52    L.R.A.  (N.S.) 
549. 
Effect  of  re-entry  by  landlord  after  bank- 
ruptcy of  tenant  upon  latter's  liability 
for  subsequent  rent.    L.R.A.1917A,  208. 
Effect   of  bankruptcy  of  mortgagor  before 
acquiring  outstanding  title  on  his  right 
to   set  up  outstanding  title   to  defeat 
the  mortgage.     L.R.A.1918B,  768. 
Eights    of   trustee   with   respect   to   execu- 
tory   contracts    of    bankrupt.     L.R.A. 
1917F,  657. 
Bankruptcy     proceedings     as    violation     of 
covenant    in    lease    against   assignment 
or  sale.     14  L.R.A. (N.S.)    1201. 
Effect    of    bankruptcy    proceedings,   on   fire 

insurance.     15  L.R.A.(N.S.)    827. 
*Right  of  vendor  under  conditional  sale  as 
affected    by    bankruptcy    of    pur- 
chaser.   38  L.R.A.(N.S.)  554. 

§   11.  In  case  of  partnership. 

Adjudication  of  bankruptcy  of  member  of 
firm  as  affecting  rights  of  firm  credi- 
tors against  firm  property.  30  L.R.A. 
(N.S.)   787. 

Effect  of  adjudication  of  bankruptcy  of 
partnership  to  subject  the  separate  es- 
tates of  the  partners  to  administration 
in  bankruptcy.     5  L.R.A. (N.S.)  654. 

F.  Priority  of  rights. 

§   12.  Generally. 

Common-law  priority  of  state  or  United 
States  in  payment  from  assets  of  debt- 
or. 46  L.R.A.(N.S.)  260;  L.R.A.1918A, 
398. 

Law  governing  discrimination  between  resi- 
dents and  nonresidents.     65  L.R.A.  368. 

Priority  of  rights  to  fund  as  between  as- 
signees in  bankruptcy  and  prior  as- 
signees.    66  L.R.A.  760. 

Right  of  claim  based  on  tort  of  a  partner- 
ship to  share  with  creditors  of  indi- 
vidual partners.  41  L.R.A.  (N.S.) 
1223. 

Respective  rights  of  receiver  and  assignee  in 
bankruptcy.     20  L.R.A.   391. 

Priority  as  between  taxes  and  costs  and 
fees.     31  L.R.A.  (N.S.)   988. 

Consult  also  L.B.A.  Digests  of  Cases. 


BANKRUPTCY,  V.— cont'd 
Right  of  seller  to  reclaim  goods  as  against 
trustee    in    bankruptcy    of    buyer    who 
procured  them  by  false  representations. 
17  L.R.A.(N.S.)   1032. 
« 
VI.  Preferences  and  transfers  by  hanJc- 
rupt. 

§13.  Generally. 

Transfer  of  trademark  by  bankruptcy  or 
insolvency  assignment.     46  L.R.A.  541. 

Must  individual  partners,  as  well  as  firm, 
be  insolvent  in  order  to  render  the  firm 
bankrupt,  or  to  avoid  a  payment  of  a 
firm  debt  as  a  preference.  21  L.R.A. 
(N.S.)    960. 

Is  state  court's  jurisdiction  of  creditor's 
attack  on  preference  ousted  by  bank- 
ruptcy proceedings  commenced  more 
than  four  months  after  preference.  28 
L.R.A. (N.S.)    363. 

Preference  of  firm  creditor  by  a  partner  out 
of  his  own  property  as  an  act  of  bank- 
•  ruptcy  by  the  firm.  16  L.R.A. (N.S.) 
656. 

Composition  with  creditors:  preference  by 
act  or  undertaking  of  third  party.  2 
B.  R.  C.  460. 

Effect  of  adjudication  based  on  preference 
of  creditor  by  judgment,  as  conclusive 
adjudication  against  such  creditor  in 
other  proceedings.  1  L.R.A.  (N.S.) 
386. 

Is  notice,  actual  or  constructive,  of  a  trans- 
fer not  required  to  be  recorded  or  regis- 
tered necessary  to  start  the  four 
months'  period  relatively  to  preferences 
under  §  60  of  the  bankruptcy  act. 
9  L.R.A.(N..S.)  585. 

§   14.  What  constitutes  a  preference. 

Delivery  of  property  on  eve  of  bankruptcy 
to  one  holding  executory  contract  there- 
for made  within  the  four  months'  pe- 
riod, as.     21  L.R.A.(N.S.)   901. 

Set-off  by  bank  against  bankrupt's  deposit, 
as.     20  L.R.A.(N.S.)    863. 

Payment  of  debt  by  a  bankrupt  as  a  pref- 
erence to  a  surety  therefor.  18  L.R.A. 
(N.S.)    660;   45  L.R.A. (N.S.)    1068. 

Application  of  partnership  assets,  with  con- 
sent of  all  partners,  to  payment  of  in- 
dividual debt  of  partner  as  a  voidable 
preference  under  the  bankruptcy  act. 
17   L.R.A.(N.S.)    1040. 

Judgment  obtained  within  four  months  pe- 
riod as  affected  by  §  60,  subdivisions  a 
and  b,  and  §  67,  subdivisions  c  and  f. 
41  L.R.A.(N.S.)    204. 

Conditional  sale  contract  executed  prior  to, 
but  filed  within  the  four  months  period 
as  a  voidable  preference.  47  L.R.A. 
(N.S.)  1223. 

§15.  Validity   or   voidability. 

Effect  of  creditor's  participation  in  fraud-' 
ulent  intent  of  debtor  in  making  trans- 
fer by  way  of  preference.  31  L.R.A. 
647. 

Validity  of  lien  given  to  secure  loan  used 
by  bankrupt  to  give  one  creditor  a 
preference.     24  L.R.A. (N.S.)    184. 


84 


INDEX  TO  L.R.A.  NOTES. 


BANKRUPTCY,  VI.— cont'd 

Validity  of  transfer  to  secure  pre-existing 
debt  within  four  months  of  bankruptcy, 
in  absence  of  any  intent  on  the  part  of 
the  debtor  to  hinder,  delay,  or  defraud 
creditors,  or  of  reasonable  caiffee  on  the 
part  of  the  creditor  to  believe  that  it 
was  intended  as  a  preference.  ]5 
L.R.A.(N.S.)    372. 

Voidability  of  transfer  within  four  months' 
period,  pursuant  to  executory  agree- 
ment antedating  that  period.  17 
L.R.A.(N.S.)  935;  40  L.R.A.(N.S.) 
639. 

Voidability  as  preference  of  transfer  made 
in  satisfaction  of  claim  for  misappro- 
priation of  property.  30  L.R.A.(N.S,) 
1053. 
'Intent  on  part  of  bankrupt  to  create  a 
preference  as  a  condition  of  a  voidable 
preference  under  §  60b.  33  L.R.A. 
(N.S.)  558. 

'Insurance  on  property  which  is  the  subject 
of  a  voidable  preference  under  ijie 
bankruptcy  act.     41  L.R.A.(N.S.)   1012. 

Sale  under  execution  as  a  transfer  of  prop- 
erty by  the  debtor  within  §  (iO,  subds. 
a  and  b.     43  L.R.A.  (N.S.)    427. 

May  a  lien  which  is  voidable  under  §  60, 
subdivisions  a  or  b,  or  void  under  §  67, 
subdivisions  c  or  f,  be  allowed  any  effect 
under  §  64b  (5).    L.R.A.1915B,  148. 

§16.  Recording  of  transfer. 

When  local  law  deemed  to  require  the  regis- 
tering or  recording  of  a  transfer,  with- 
in the  meaning  of  §   60a  of  the  bank- 
ruptcy act  of  1898  as  amended  by  the 
act  of  1903.     5  L.R.A.(N.S.)    148;    18 
L.R.A.(N.S.)   1233. 
Effect    of    recording,    within    four    months' 
period    prescribed    in    bankruptcy 
act  of  1898,  mortgage  given  for  a 
present   loan    or    future    advances. 
25  L.R.A.(N.S.)   144. 


§17.  Setting  aside. 

Effect  of  bankruptcy  proceedings  upon  prior 
action  to  rescind  sale  for  fraud.  8 
L.R.A.(N.S.)   1204. 

Right  of  creditor  of  bankrupt  to  set  aside 
transfer  in  fraud  of  creditors.  10 
L.R.A.(N.S.)    305. 

Equity  jurisdiction  of  suit  by  trustee  in 
bankruptcy  to  recover  sum  of  money 
from  one  who  has  received  fraudulent 
transfer  on  unlawful  preference.  16 
L.R.A.(N.S.)    414. 

Is  state  court's  jurisdiction  of  creditor's 
attack  on  preference  ousted  by  bank- 
ruptcy proceedings  commenced  more 
than  four  months  after  preference.  28 
L.R.A.(N.S.)   363. 

Effect  of  failure  to  allege  and  prove  filing 
of  claims  by  creditors  and  insufficiency 
of  assets  in  action  by  trustee  to  set 
aside  preference  or  recover  property 
fraudulently  transferred.  17  L.R.A. 
(N.S.)   350' 


BANKRUPTCY— cont'd 


VII.  Assets  and  their  collection. 

§18.  Generally. 

In  case  of  insolvency,  see  Insolvency,  §  4^ 

Does  trustee  in  bankruptcy  who  succeeds  an> 
assignee  for  creditors  acquire  right  or 
interests  which  were  available  to  the 
assignee,  but  did  not  exist  in  the  as- 
signor.    26  L.R.A. (N.S.)   433.      • 

Vesting  of  title  to  leasehold  in  lessor's 
trustee  as  dependent  upon  acceptance- 
by  trustee.     33  L.R.A. (N.S.)    745. 

Validity  as  against  trustee  in  bankruptcy  of 
conditional  sale  purchaser,  of  condi- 
tional sale  contract  permitting  pur- 
chaser to  resell  in  the  ordinary  course 
of  business.     L.R.A.1917B,  660. 

§19.  What  are  assets. 

Of   insolvent  estate,   see  Insolvency,   §   4, 

Interest  of  cestui  que  trust  in  spendthrift 
trust  as  assets  passing  to  trustee  in 
bankruptcy.    L.R.A.1917A,  989. 

Causes  of  action  for  personal  injuries  as.^ 
44   L.R.A.   180. 

Seat  of  exchange,  or  funds  derived  from, 
transactions  on  excliange,  as.  2T 
L.R.A. (N.S.)    613. 

Interest  in  public  lands  before  issuance  of 
patent  as.     34  L.R.A, (N.S.)   405. 

Does  right  of  action  for  personal  injuries 
pass  to  trustee  in  bankruptcy.  12 
L.R.A.  (N.S.)   1173. 

Right  of  action  for  tort  for  injury  to  per- 
son other  than  physical  as  asset.  4S 
L.R.A.(N.S:)   940. 

Will  right  of  action  for  malicious  attach- 
ment  of  property  pass  to  trustee  in 
bankruptcy  or  assignee  for  creditors. 
21  L.R.A.(N.S.)    727. 

Estates  in  remainder  as  assets  which  will 
pass  to  the  trustee  in  bankruptcy.  47 
L.R.A.(N.S.)   284. 

Contracts  for  personal  services,  earnings 
thereunder,  and  causes  of  action  for 
their  breach,  as  assets  in  bankruptcy. 
5  B.  R.  C.  268. 

Agreement  between  landlorji  and  tenant  for 
removal  of  fixtures  by  latter  as  affecting 
right  thereto  of  his  trustee  in  bank- 
ruptcy.   L.R.A.1915E,  830. 


§  20.  —life  insurance. 

Generally.     50  L.R.A.  33;  26  L.R.A.(N.S.) 
451;    30   L.R.A.(N.S.)    990;    41   L.R.A. 
(N.S.)    123;  46  L.R.A.(N.S.)    148. 
Bankruptcy  or  insolvency  of  insured  or  as- 
signor of  policy.     50  L.R.A.  33. 
Bankruptcy  or  insolvency  of  beneliciary  or 

assignee.     50  L.R.A.  46. 
Policies     exempt     under     state     laws.      26 
L.R.A.(N.S.)  454;  41  L.R.A.(N.S.) 
123. 


Begin  with  this  hool;  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


85 


"BANKRUPTCY,  VII.— cont'd 

Policies   not   exempt  under   state   laws.     26 
L.R.A. (N.S.)  455;  41  L.R.A. (N.S.) 
125. 
Option    to    receive   cash-surrender   value   of 
policy,  or  policy  having  a  cash-surren- 
der value  as  assets.     16  L.R.A. (N.S. ) 
320. 

■§  21.  Concealment  or  nondelivery  of 
assets. 

Concealment  of  assets  in  violation  of  bank- 
ruptcy act  as  continuing  oifense.  43 
L.R.A.(N.S.)   278. 

Admissibility  of  schedules  filed  in  Federal 
bankruptcy  proceedings  in  a  prosecu- 
tion against  a  bankrupt  for  conceal- 
ment of  property.  18  L.R.A.  (N.S.) 
1194. 

Failure   or  refusal   of  bankrupt,   or  person 

having  money  or  property  belonging  to 

.  bankrupt,  to  deliver  it  to  trustee  as  a 

contempt    of    court.     23    L.R.A.(N.S.) 

255. 

§  22.  Recovery  of  assets. 

When  may  local  venue  of  summary  proceed- 
ing by  trustee  be  disregarded  upon  the 
ground  that  the  proceeding  is  ancillary 
or  incidental.    L.R.A.1916D,  1134. 

Equity  jurisdiction  of  suit  by  trustee  in 
bankruptcy  to  recover  a  sum  of  money 
from  one  vi^ho  has  received  a  fraudu- 
lent transfer  or  unlawful  preference. 
16  L.R.A.(N.S.)   414. 

Effect  of  failure  to  allege  and  prove  filing 
of  claims  by  creditors  and  insufficiency 
of  assets  in  action  by  trustee  in  bank- 
ruptcy to  recover  assets  of  estate,  or  to 
set  aside  preference,  or  recover  prop- 
erty fraudulently  transferred  by  bank- 
rupt.    17   L.R.A.(N.S.)    350. 

Right  of  trustee  in  bankruptcy  to  enforce 
liability  of  stockholders  who  received 
dividends  paid  out  of  capital.  L.R.A. 
1917C,  405. 

Liability  of  trustee  in  bankruptcy  for  fail- 
ure to  collect  assets.  16  L.R.A.(N.S.) 
341. 

VIII.  Rights  and  liability  of  trustee 
generally. 

§  2  3.  Generally. 

Right    of    trustee    to    maintain    partition. 

20  L.R.A. (N.S.)    105. 
Rights  of  trustee  with  respect  to  executory 

contracts    of    bankrupt.      L.R.A.1917F, 

657. 
Riglit  of  trustee  in  bankruptcy  to  enforce 

liability   of   stockholders   who   received 

dividends  paid  out  of  capital.     L.R.A. 

1917C,  405. 
Liability   for   failure   to   collect   assets.     16 

L.R.A. (N.S.)    341. 
Liability  for  rent  of  premises  occupied  by 

assignee.       59  L.R.A.  673. 

IX. ^  Claims  against  estate;  distribution. 

§  2  4.  Generally. 

Priority  of  rights,  see  supra,  §  12. 
Claims    against    insolvent    estate,    see    In- 
solvency,  §§  5-8. 
Consult  also  L.B.A.  Digests  of  Cases. 


BANKRUPTCY,  IX.— cont'd 

Treatment  of  collateral  held  by  creditor  of 
bankrupt.    L.R.A.1918B,  1024. 

Right  to  interest  on  allowed  claims  in  bank- 
ruptcy. 29  L.R.A.(N.S.)  887;  L.R.A. 
1915B,  884. 

Effect  of  failure  to  present  claim  against 
the  estate  of  bankrupt  principal  to  ro» 
lease  surety.     25  L.R.A. (N.S.)    139. 

Double  proof  of  claim  against  estate  of 
firm  and  individual  partner.  39  L.R.A. 
(N.S.)  391. 

Right  of  creditor  after  promisor's  bank- 
ruptcy to  adopt  and  enforce  his  as- 
sumption of  another's  debt.  39  L.R.A. 
(N.S.)    874. 

Proof  of  claim  in  bankruptcy  as  bar  to  ac- 
tion for  deceit  in  securing  credit.  43 
L.R.A. (N.S.)  649. 

Allowance  or  disallowance  of  claim  by 
bankruptcy  court  as  res  judicata  in  a 
suit  or  proceeding  on  the  claim  in  an- 
other court.     43  L.R.A.(N.S.)    950. 

§  25.  Debts  provable. 

Provability    of    debt    as    affecting   right   of 

set-off.     55   L.R.A.   36. 
Provability    of    partnership    debts    in    in- 
dividual   proceedings.      69    L.R.A. 
772. 
Discharge  of   liability   by   reason  of  prova- 
bility of  claim.    69  L.R.A.  778. 
What  constitutes  a  fixed   liability  as  evi- 
denced by  a  judgment  or  an  instru- 
ment in   writing  absolutely   owing 
at   the   time   of   the    filing   of   the 
petition  in  bankruptcy.     54  L.R.A. 
369. 
Provability    of    claim    under    covenant    in- 
demnifying against  loss  of  rent,  or 
accelerating  future   rent,   in  event 
of   assault.     31   L.R.A. (N.S.)    270. 
Promise   to    pay    a    fixed    sum    conditional 
upon   exercise   of   an   option   by   prom- 
isee,  the   time   for  which   had   not  ex- 
pired  at   the   time   of   bankruptcy,    as 
basis    of    provable    claim.      28    L.R.A. 
(N.S.)    349. 
May  one  be  a  "purchaser"  for  a  valuable 
consideration  where  nothing  capable  of 
money  measurement  is  given.     4  B.  R. 
C.  782. 
Damages   for    anticipatory   breach   of    con- 
tract as  provable  claim.     L.R.A.1917B, 
585;   L.R.A.1918A,  545. 
Right  to  recover  money  paid  to  a  corpora- 
tion   in    expectation    of    receiving    cor- 
porate   stock    which    is    never    issued. 
L.R.A.1918E,  754. 

§  2  5a.  — claim  for  tort. 

Right  to  prove  unliquidated  claim  for  tort 
in  bankruptcy.     8  L.R.A. (N.S.)   961. 

§2  6.  Set-offs. 

Set-off  by  or  against  insolvent  estate,  see 
Set-Off  and  Countekclaim,  §§  16-21. 

Bankruptcy  of  third  persons.    55  L.R.A.  73. 

Form  of  action.  55  L.R.A.  74. 

Effect  of  proving  claim.     55  L.R.A.  74.         i 

Extent  of   set-off.     55   L.R.A.   75. 

Right    of    creditor    to    set    off    new    credits 

given  after  receiving  a  preference.     55 

L.R.A.  344. 


86 


INDEX  TO  L.R.A.  NOTES. 


BANKRUPTCY,  IX.— cont'd 

Does  the  fact  that  a  bank  lias,  by  an  agree- 
ment invalid  as  against  the  trustee  in 
bankruptcy,    undertaken    to    hold    the 


BANKRUPTCY,  IX.— cont'd 
Insurance  matters.     55  L.R.A.  66. 
Landlord  and  tenant.     55  L.R.A.  67. 
Principal  and  surety.     55  L.R.A.  68. 


bankrupt's  deposit  as  a  fund  for  qred-  i  Annuities.    55  L.R.A.  68. 


itors,    prevent   it   from   setting   off   de 

posit  against  its  own  claim.    28  L.R.A. 

(N.S.)   484. 
Set-off  by  bank  against  bankrupt's  deposit 

as  a  preference  within  the  bankruptcy 

law.     20  L.R.A.(N.S.)   86,3. 
Acceptance  of  bankrupt  depositor's  check  by 

bank  for  obligation  due  it  as  affecting 

bank's  right  to  set  off  obligation  against 

depositor.    L.R.A.1916A,  685. 

§  2  7.  —debts  or  claims  existing  and 
mature  at  time  of  insolvency. 

In  general.     55  L.R.A.  34. 
Provability  of  debt.     55  L.R.A.  36. 
Unliquidated  damages.    55  L.R.A.  37. 
Breach  of  contract.     55  L.R.A.  37. 
Security  for  particular  debt,  or  special  di- 
rections or  agreements  as  to  appli- 
cation  or   payment  of   funds.     55 
L.R.A.  38. 
Debtors  and  creditors   in   same  right.     55 

L.R.A.  41. 
Unpaid  shares  of  corporate  stock.    65  L.R.A. 

47. 
Bank  deposits.     55  L.R.A.  48. 
Other  banking  transactions  and  commercial 

paper.    55  L.R.A.  48. 
Insurance  matters.     55  L.R.A.  49. 
Landlord  and  tenant.     65  L.R.A.  50; 
Overpayment    in    composition    proceedings. 
56  L.R.A.  50. 

§2  8.  — debts  created,  or  claims  aris- 
ing, after  insolvency. 

In  general.     55  L.R.A.  50. 

Agreement  to  pay  cash  or  by  bill  of  ex- 
change.    55  L.R.A.  51. 

Debtors  and  creditors  in  same  right.  55 
L.R.A.  51. 

Bank  deposits.     55  L.R.A.  62. 

Other  banking  transactions  and  commer- 
cial paper.     55  L.R.A.  5.3. 

Landlord  and  tenant.     55  L.R.A.  64. 

Expenses  of,  or  payments  by,  assignees 
for  creditors.     55  L.R.A.  54. 

Payments  by  bankrupt.     55  L.R.A.  54. 

Set-off  of  costs.     55  L.R.A.  55. 

Set-off  after  discharge.     55  L.R.A.  56. 

§  29.  —immaturity  of  debts  or  claims 
at  time  of  insolvency. 

In  case  of  insolvency,  see  Sbt-Off  and 
Counterclaim,  §  19. 

In  general.    55  L.R.A.  56. 

Uncertainty  or  contingency  of  claims.  55 
L.R.A.  57. 

Breach  of  contract.    55  L.R.A.  58. 

Security  for  particular  debt  or  special  di- 
rections or  agreements  as  to  appli- 
cation or  payment  of  funds.  55 
L.R.A.  58. 

Debtors  and  creditors  in  same  right.  55 
L.R.A.  60. 

Bank  deposits.     55  L.R.A.  62. 

Other  banking  transactions  and  commer- 
cial paper.     55  L.R.A.  64. 

Begin  uHth  this  booTc  on  every  law  question. 


Effect  of  immaturity  on  right  of  set-off.  25 
L.R.A. (N.S.)    396. 

§  80.  —  debts  or  claims  assigned. 

In  case  of  insolvency,  see  Set-Off  and 
Counterclaim,  §§  20,  21. 

In  general.     55  L.R.A.  68. 

Partnership.     55  L.R.A.  69. 

Bank  deposits.     55  L.R.A.  70. 

Other  banking  transactions  and  commer- 
cial paper.    55  L.R.A.  70. 

Insurance  matters.    55  L.R.A.  72. 

Right  to  set  off,  against  bankrupt,  claims 
purchased  after  bankruptcy.  21  L.R.A. 
280. 

§31.  Liens;  adverse  holdings;  gar- 
nishment. 

Lien  on  property  of  bankrupt  of  one  whose 
funds  are  wrongfully  used  in  purchas- 
ing it.     9  L.R.A.(N.S.)    876. 

Validity  of  lien  given  to  secure  loan  used  by 
bankrupt  to  give  one  of  his  creditors  a 
preference.     24  L.R.A. (N.S.)    184. 

What  amounts  to  an  adverse  holding,  by 
third  persons,  of  property  acquired 
from  bankrupt.     8  L.R.A. (N.S.)    1232, 

Garnishment  of  funds  of  bankrupt's  estate 
after  order  of  distribution.  14  L.Ii.A. 
(N.S.)   1221. 

May  a  lien  which  is  voidable  under  section 
60,  subdivisions  a  or  b,  or  void  under 
section  67,  subdivisions  c  or  f,  be  al- 
lowed any  effect  under  section  64B  (5). 
L.R.A.1915B,  148. 

X.  Discharge    and    its    effect. 

§  32.  Generally. 

In  insolvency,  see  Insolvency,  §  16. 

What    relations    are    fiduciary    within    pro- 
visions   in    relation    to    discharge. 
42   L.R.A. (N.S.)    1093. 
Right  of  one  to  avail  himself  of  discharge 

procured  by  fraud.     25  L.R.A.  571. 
Effect  of  assignment  for  creditors  on  right 

to  discharge.     45  L.R.A.  194. 
Right  of  alleged  fraudulent  grantee  to  set 

up   grantor's   discharge   in    bankruptcy 

as  against  a  judgment  creditor  of  the 

latter.     67  L.R.A.  599,  610. 

§  33.  Of  partnership  liability  in  indi- 
vidual proceedings. 

In  general.     L.R.A.1918E,  470. 

Discharge  of  liability  by  reason  of  prov- 
ability of  claim.     69  L.R.A.  778. 

Necessity  of  making  lirm  or  copartners 
parties.    69  L.R.A.  780. 

§84.  Refusal  of. 

Character  of  false  statement  which  will  pre- 
vent a  discharge.  20  L.R.A.  (N,S.) 
1023. 

Omission  of  bankrupt  to  keep  books  as 
ground  for  refusing  discharge.  20 
L.R.A.(N.S.)    246. 


INDEX  TO  L.R.A.  isOTES. 


87 


BANKRUPTCY,  X.— cont'd 

Right  of  bankrupt  to  discharge  as  affected 
by  act  of  partner  or  agent.  20  L.R.A. 
(N.S.)    785;   30  L.R.A.  (N.S.)    623. 

Fraud  in  preventing  collection  of  claim  as 
excepting  it  from  discharge  in  bank- 
ruptcy.    28  L.R.A. (N.S.)    423. 

Binding  effect  of  judgment  refusing  dis- 
charge. 13  L.R.A.(N.S.)  629;  30 
L.R.A.(N.S.)   1164. 

Refusal  of  discharge  because  of  transfer  of 
assets  with  a  view  to  distribution  of 
proceeds  among  creditors.  L.R.A. 
1915C,  89. 

§  3  5.  Effect. 

Right  to  open  default  judgment  to  let  in  de- 
fense of  discharge  in  bankruptcy. 
L.R.A.1916F,  857. 

Claim  discharged  in  bankruptcy  as  consid- 
eration for  note  of  a  third  person. 
L.R.A.1917C,  843. 

Discharge  of  debt  as  affecting  equitable  as- 
signment to  secure  same.  43  L.R.A. 
(N.S.)    404. 

Discharge  of  partnership  as  affecting  lia- 
bility of  individual  partners  for 
partnership  debts.    L.R.A.1915F,  669. 

Effect  on  liabilities  for  tort.  1  L.R.A, 
(N.S.)    202. 

Effect  on  liability  for  assault  and  battery. 
3  L.R.A.(N.S.)    702. 

As  defense  in  action  for  debts  assumed  on 
dissolution  of  partnership.  9  L.R.A. 
(N.S.)   112. 

Discharge  of  corporation  as  affecting  stock- 
holder's liability  for  its  debts.  38 
L.R.A.(N.S.)  648. 

Effect  upon  assignment  of  wages  to  be 
earned  in  the  future.  14  L.R.A. (N.S.) 
1025;  30  L.R.A.(N.S.)  375;  L.R.A. 
1916E,  248. 

Effect  of  bankruptcy  of  employer  on  rights 
of  employee  under  workmen's  compen- 
sation acts.    L.R.A.1916A,  98. 

Effect  of  discharge  on  claim  for  services 
procured  by  bankrupt's  fraud.  34 
L.R.A.(N.S.)  894. 

Bankrupt's  right  after  discharge  to  engage 
in  business  in  competition  with  one  to 
whom  business  and  good  will  was  sold 
under  commission  in  bankruptcy.  19 
L.R.A.(N.S.)    762. 

When  will  discharge  of  principal  in  bank- 
ruptcy release  surety  on  a  bond  given 
by  the  principal  in  an  action  at  law. 
14  L.R.A.(N.S.)  508;  28  L.R.A.(N.S.) 
234. 

Effect  of  vendee's  discharge  in  bankruptcy 
upon  right  to  enforce  vendor's  lien.  39 
L.R.A.(N.S.)   1177. 

Effect  of  discharge  on  real  property  liens. 
42  L.R.A.(N.S.)  292. 

Effect  of  discharge  in  bankruptcy  of  prop- 
erty owner  on  mechanics'  liens.  42 
L.R.A. (N.S.)    296;    L.R.A.1915F,    1139. 

Effect  of  bankruptcy  of  principal  contractor 
upon  lien  rights  of  sub-contractors  and 
materialmen.  51  L.R.A.  (N.S.)  68; 
L.R.A.1916F,  113. 

Co7iR}iU  (tl-<o  L.R.A.  Digests  of  Cases. 


BANKRUPTCY,  X.— cont'd 
§3  6.  Revival  of  debt  after. 

New    promise    after    discharge.      53    L.R.A 

362. 
Expression  of  hope  or  expectation  as  a  new 

promise   which   will   revive   debt   after 

discharge    in    bankruptcy.      38    L.R.A. 

(N.S.)    581. 
Effect   of    partial    payment   to    revive   debt 

after  a  discharge   in  bankruptcy.       26 

L.R.A.(N.S.)   274. 
Set-off  after  discharge  of  debts  created  or 

claims    arising    after    insolvency.        55 

L.R.A.  56, 


I. 

II. 

III. 

IV. 

r. 


VI, 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 


BANKS. 

In  general,  §  1. 
Right  to  do  business,   §  2. 
StocTc    and   stoclcholders,  §§  3-C, 
Officers  and  agents,  §§   6-8a.  ■ 
Banking,  §§  9-38. 

a.  Deposits,  §§  9-30. 

b.  Collections,  §§  31-35. 
e.  Other       transactions;       di» 

counts,  §§  36-37a. 
d.  Clearing-house  busines. 

§  38. 
Insolvency  of  bank,  §§   39-4S. 
Savings  banks,   §§  4=3,  44:. 
National  banks,  §§  45-48, 
State  banks,  §   49. 
Taxation,  §  50. 
Crimes,  §51. 
Bank  guaranty  law,  §  52. 

I.  In  general. 

§  1.  Generally. 

As  bona  fide  purchaser  of  negotiable  instru- 
ment, see  Bills  and  Notes,  §  7. 

Constitutionality  of  statutes  regulating 
bankers,  see  Constitutional  Law, 
§49. 

For  matters  common  to  corporations  gen- 
erally,  see   COBPOBATIONS. 

Custom  of,  see  Custom  and  Usage,  §  7. 
Unlawful    combination    of,    see    Monopoly 

AND  Combinations,  §  8.        ' 
Reasonableness  of  matters  relating  to,  see 

Reasonableness,   §   2. 
Set-off  by  or  against  bank,  see  Set-Off  and 

COUNTEBCLAIM,   §§8,  8a,   19a,   19b. 

Consideration  for  note  or  other  obligation 
given  to  make  good  depletion  of  capital 
or  assets  of  bank.     L.R.A.1917B,  688. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence in  case  of  embezzlement  of  prop- 
ertv  while  in  possession  of  bank  as 
bailee.     43  L.R.A. (N.S.)   1190. 

Liability  of  bank  as  bailee  under  special 
terms  of  contract  for  care  or  return  of 
subject  of  bailment.     L.R.A.1915B,  304. 

Right  of  bank  to  contradict  entries  in  its 
books  or  statements  in  public  reports. 
L.R.A.1915D,  935. 

Admissibility  in  evidence  of  entries  in  bank 
books.-       53  L.R.A.  528,  536. 

Effect  of  usage  to  bind  bank.  21  L.R.A, 
446. 


88 


INDEX  TO  L.R.A.  NOTES. 


BANKS,  I.— cont'd 

Privilege  of  communicationa  to  banks.  35 
L.R.A.(N.S.)    585. 

Validity  of  obligation  given  bank  as  aflfect- 
edby  concealment  of  illegal  transac- 
tions from  bank  examiner.  26  L.R.A. 
(N.S.)  993;  34  L.R.A.(N.S.)  1105; 
L.R.A.1916A,  1218. 

Set-off  against  assignee  of  bank.  23  L.R.A. 
808, 

Garnishment  of  contents  of  safe  deposit 
box.       41   L.R.A.(N.S.)    764. 

Presumption  as  to  time  of  alteration  in 
bank  director's  minute  book.  39 
L.R.A.(N.S.)    105. 

II.  Right  to  do  business. 

§  2.  Generally. 

May  a  charter  or  license  for  a  bank  be  re- 
fused upon  general  considerations  of 
public  policy.    L.R.A.1916D,  316. 

Constitutionality  of  statute  prohibiting  pri- 
■  vate  banking.       15  L.R.A.  477. 

Right  of  bank  to  engage  in  business  to 
save   debt.       27   L.R.A.(N.S.)    243. 

Power  to  prohibit  or  impose  conditions  up- 
on the  right  of  individuals  to  engage 
in  banking  business.  5  L.R.A. (N.S.) 
874;  25  L.R.A.(N.S.)    1217. 

III.  StocTc  and  stockholders. 

%  8.  Generally. 

As  to  matters  of  stock  and  stockholders, 
generally,  see  Corporations,  VI.,  VII. 

Consideration  for  obligation  given  to  make 
good  depletion  of  capital  of  bank. 
L.R.A.1917B,  688. 

Discrimination  against  shareholders  in  na- 
tional bank  in  assessing  their  shares. 
10   L.R.A.(N.S.)    947. 

§  4.  Transfer  of  stock. 

Restrictions  on  transfer  of  stock  of  na- 
tional  bank.       27   L.R.A.  273. 

Effect  of  by-law  requiring  transfer  of  na- 
tional bank  stock  on  books.  67  L.R.A. 
673. 

§  5.  Liability   of   stockholders. 

Liability  of  stockholders  of  corporation, 
generally,  see  Coeporations,  VI.  e. 

Contingency  of  liability  of  stockholders  in 
national  bank  as  aflfecting  time  for  pre- 
sentation against  estate.  58  L.R.A. 
85. 

Personal  liability  of  executor,  administra- 
tor, or  trustee  on  national  bank  stock 
belonging  to  estate  or  trust,  but  stand- 
ing in  his  name.  30  L.R.A. (N.S.) 
1092. 

Right  of  receiver,  assignee  or  trustee  to 
recovery  statutory  added  liability  of 
shareholder  under  national  banking 
act.       31  L.R.A.(N.S.)   372. 

IV.  Officers  and  agents. 

§   6.  Generally. 

Competency  of  expert  witnesses  for  com- 
parison.      63  L.R.A.  941. 


Begin  with  this  hook  on  every  law  question. 


BANKS,  IV.— cont'd 

Assistance  by  officers  in  state  taxation  of 
national  banks.       45   L.R.A.  762. 

State  tax  on  oflicers  of  national  bank.  45 
L.R.A.  764. 

Eflfeot  of  insertion  of  unauthorized  provi- 
sions in  cashier's  bond.  L.R.A.1917B, 
990. 

Liability  of  bank  for  misappropriation  of 
collections  by  its  officers  or  employees 
L.R.A.1917A,  522. 

Misappropriation  of  special  deposit  by  offi 
cer.    32  L.R.A.  776. 

Liability  to  bank  of  one  who,  without 
knowledge  of  the  fraud,  draws  out 
funds  fraudulently  credited  to  him  by 
officers  or  employees  of  the  bank.  31 
L.R.A.(N.S.)    1126. 

Right  of  bank  officer  or  employee  to  refuse 
to  disclose  state  of  depositor's  account. 
L.R.A.1915D,  1061. 

§  7.  Duties   and    liability   of   directors. 

Limitation  of  actions  against  directors  for 

malfeasance     or     nonfeasance.      L.R.A. 

1917A,  980. 
Care  required  of  bank  directors.      15  L.R.A. 

305. 
Liability  to  bank  for  acts  in  excess  of  their 

powers.       55   L.R.A.  758. 
Liability  of  bank  directors  •  in  case  of  bad 

loans     or     investments.         55     L.R.A. 

762;  39  L.R.A.(N.S.)   173. 
For  breach  of  duty  as  such  when  he  acts 

for  himself  or  for  a  third  person  in  the 

transaction.       4  L.R.A.(N.S.)    279. 
For    failure    to    close    insolvent    bank.        3 

L.R.A.(N.S.)     438. 
For  default   or   negligence   of   cashier.       4 

L.R.A.(N.S.)     597. 
Liability  of  directors  directly  to  creditors 

of  corporation  suing  in  their  own  right 

for  negligence  or  other  breach  of  duty 

owed  primarily  to  the  corporation.     46 

L.R.A.(N.S.)   421. 

§  8.  Powers  of. 

Notice  of  lack  of  authority  to  certify  post- 
dated check.    L.R.A.1917F,  1099. 

Power  of  agents  to  indorse  negotiable  pa- 
per.    27  L.R.A.  401. 

Liability  of  bank  on  negotiable  paper  execu- 
ted by  officer  or  agent.  21  L.R.A. 
(N.S.)    1079. 

Implied  power  of  cashier  of  bank  to  sell 
or  lease  property.  31  L.R.A. (N.S.) 
737. 

Power  of  bank  officer  to  bind  bank  by 
agreement  that  liability  of  party  to 
commercial  paper  shall  not  be  en- 
forced.    28  L.R.A. (N.S.)   501. 

Power  of  bank  officer  to  bind  bank  by  agree- 
ment varying  the  liability  of  parties 
to  commercial  paper  from  that  import- 
ed on   its   face.     28   L.R.A. (N.S.)    511. 

Power  of  officer  or  employee  to  bind  bank  by 
agreement  for  bailment  other  than  one 
conceded  to  be  a  special  deposit.  L.R.A. 
1915B,  542. 

Attempt  of  cashier  or  president  to  satisfy 
his  own  debt  by  accepting  for  tank 
the  obligation  of  third  person.  9 
L.R.A.(N.S.)    471. 


INDEX  TO  L.R.A.  NOTES. 


89 


BANKS,  IV.— cont'd 

Constitutionality      of      statute      restricting 

right    to    assign    salary.        28    L.R.A. 

(N.S.)    1108;   43  L.R.A.  (N.S.)    746. 

§  8a.  Imputing  knowledge  of,  to  bank. 

Imputation  of  knowledge  of  bank  officers 
to  bank,  where  officers  are  personally 
interested.  29  L.R.A.  (N.S.)  558;  49 
L.R.A.(N.S.)    764. 

Bank  officer's  knowledge  of  insolvency  of 
bank  resulting  from  his  own  miscon- 
duct as  chargeable  to  the  bank.  45 
L.R.A.(N.S.)  781. 

V.  Banking, 

a.  Deposits, 

§  9.  Generally. 

Tax  on  deposit,  see  infra,  §  50. 

Receiving  deposit  while  insolvent  as  a 
crime,  see  infra,  §  61. 

Guaranty  of,  see  infra,  §  52, 

Fiduciary  relation  between  bank  and  de- 
positor, see  FiDUCiABY  Relations,  §  2. 

Limitation  of  actions  for,  see  Limitation  of 
Actions,  §  25. 

Effect  of  bequest  of  business  to  pass  b^'Uk 
account.    L.R.A.1917D,  437. 

Deposit  slips  and  deposit  entries  in  pass 
books  as  contracts  within  the  rule 
against  parol  evidence  to  vary  or  con- 
tradict written  contracts.  L.R.A.1918B, 
298. 

Receiving  deposit  while  insolvent  as  a  fraud. 
34  L.R.A.  533. 

Banking    customs.        21    L.R.A.    440. 

Situs  of  deposit  for  purposes  of  administra- 
tion.      24  L.R.A.  689. 

Statement  of  account.       27  L.R.A.  820. 

Entries  in  bank  books  as  contracts.  24 
L.R.A.  737. 

Deposit  tickets  given  by  bank.  17  L.R.A. 
580. 

Title  of  bank  to  check  drawn  on  another 
bank,  which  has  been  credited  to  depos- 
itor.     7    L.R.A.(N.S.)    694. 

Effect  of  deposit  by  unauthorized  person 
to  credit  of  owner  of  fund.  35  L.R.A. 
(N.S.)    461. 

Liability  to  estate  of  bank  which  receives 
deposit  from  one  assuming  without  au- 
thority to  act  as  executor  or  adminis- 
trator.    L.R.A.1915E,  309. 

When  may  designation  in  books  of  bank 
of  person  to  whom  deposit  is  to  be 
paid  at  depositor's  death  be  given  ef- 
fect as  a  will.     41  L.R.A.(N.S.)    42. 

Interpleader  between  bank  and  depositor. 
10   L.R.A. (N.S.)    754. 

Title  of  check,  drawn  on  another  bank, 
which  has  been  credited  to  depositor. 
47  L.R.A.(N.S.)  552. 

Liability  of  bank  for  interest  on  money  de- 
posited with  it  to  secure  performanfe 
of  contract  or  decree,  or  to  indemnify 
against  losses  or  claims.  52  L.R.A. 
(N.S.)    522. 

Liability  of  depositor  who  requests  bank  to 
hold  noninterest  bearing  deposit  against 
a  claimant,  to  reimburse  bank  for  inter- 

Consult  also  L.R.A.  Digests  of  Cases. 


BANKS,  V.  a— cont'd 

est  which  it  is  compelled  to  pay  to 
•claimant  on  tlie  legal  establishment  of 
his  claim  to  the  deposit.  L.R.A.1915E, 
797. 

Right  of  bank  officer  or  employee  to  refuse 
to  disclose  state  of  depositor's  account 
L.R.A.1915D,  1061. 

§10.  Deposit  of  public   funds. 

Deposit  of  public  funds  in  bank  as  invest- 
ment within  statute  requiring  the  in- 
vestment of  such  funds.  50  L.R.A. 
(N.S.)    274. 

Care  required  in  selection  of  bank  for  de- 
posit of  public  funds.  7  L.R.A. (N.S.) 
1084. 

Validity  and  effect  of  agreement  among 
banks  to  prevent  competition  for  de- 
posit of  public  money.  14  L.R.A. 
(N.S.)     1052. 

Liability  of  sureties  on  bond  of  bank  as 
depository  of  public  funds  as  affected 
by  acquiescence  or  connivance  of  pub- 
lic officials  in  misuse  of  the  funds.  26 
L.R.A.(N.S.)    865. 

Liability  of  bank  for  interest  on  or  profits 
derived  from  pu^blic  funds  deposited 
with  it.     L.R.A.1918E,  678. 

Liability  of  public  officers  for  interest  col- 
lected on  deposit  of  public  funds.  15 
L.R.A.   456. 

Right  to  preference  in  respect  to  public 
funds  deposited  in  bank  which  subse- 
quently becomes  insolvent.  5  L.R.A. 
(N.S.)  886;  16  L.R.A.  (N.S.)  918; 
L.R.A.1917A,  683. 

Liability  of  public  officers  for  loss  of  funds 
by  failure  of  bank  in  which  they  are 
deposited.      36    L.R.A.(N.S.)     285. 

§  11.  Special  deposit. 

Power  of  a  national  bank  to  receive  special 

deposits.    L.R.A.1918A,  73. 
Care    required    of    bank    in    keeping.      32 

L.R.A.  769. 
When  is  a  bank  deposit  special.     39  L.R.A. 

(N.S.)  847;  L.R.A.1918A,  65. 
When  a  deposit  is  special  so  that  the  title 

remains    in   the   depositor.      16   L.R.A. 

516. 
Bank's   right   to    apply    special    deposit   to 

indebtedness   of   depositor.      30   L.R.A. 

(N.S.)  517;  L.R.A.1918A,  80. 
Claim   of   preference   for,   out   of   funds   of 

insolvent  bank.     1  L.R.A. (N.S.)    252. 

§   12.  Trust  in,  or  gift  of,  deposit. 

Application  to  debt  due  bank,  of  deposit  in 

fiduciary  character,  see  infra,  §  18. 
Trust  in  case  of  insolvency,  see  infra,  §  41. 

Effect  of  deposit  of  funds  in  the  name  of  the 
depositor      and      another.      L.R.A. 
1917C,  550. 
Gift    theory.      12    L.R.A.  (N.S.)     355; 

L.R.A.1917C,  553. 
Trust  theory.     L.R.A.1917C,  567. 
Joint  tenancy.    L.R.A.1917C,  571. 
Deposit  in  bank  for  other  person  as  a  gift. 

1  L.R.A.(N.S.)   790. 
Effect  of  depositing  money  in  bank  in  trust 
for  third  person.     32  L.R.A.  373. 


90 


INDEX  TO  L.R.A.  NOTES. 


depoBit  by  broker  or  factor  to  his    j^-j^^  ^^  ^^^^^  ^^         j  , 

account  of  proceeds  of  f^^^ojj^^'  an  indebtedness  of  depositor.    30  LJRA. 

rs  stock  or  propertv  to  create  a  /xt  o  »  n-r    t  i.  »  -.J^c^a    o^ 


27 


BANKS,  V.  a— cont'd 

Effect  of  deposit  by  unauthorized  person  to 

credit   of   owner   of   funds.     35   L.R.A. 

(N.S.)   461. 

Effect  of 

own 

tomer's  stock  or  property 
trust    entitled    to    a    preference 
L.R.A.(N.S.)    808. 
Liability  of  bank  or  other  depositary,   or 
of    drawee,    for    taking   deposit    of 
agent,  fiduciary,  or  other  represen- 
tative  to   pay   his   own   debt.     52 
L.R.A.  790. 
Liability  of  bank  for  failure  to  prevent  mis- 
appropriation of  funds  by  a  fiduci- 
ary.   L.R.A.1915C,  518. 

.§  12a.  —necessity  and  effect  of  de- 
livery. 

Sulficiencv  of  bequest  to  pass  bank  deposit. 
5  B.  R.  C.  539. 

Effect  of  delivery  of  bank  book  to  sustain 
gift  of  money  in  bank.  3  L.R.A.  230;* 
11  L.R.A.  686;*  18  L.R.A.  171;  19 
L.R.A.  700. 

Delivery  necessary  to  complete  gift  of  a 
savings-bank  account  when  the  book  is 
already  in  the  possession  of  the  donee. 
17  L.R.A.(N.S.)    181. 

Effect  of  delivery  of  order  for  savings  ac- 
count without  a  book  to  complete  a 
gift  of  the  account.  22  L.R.A. (N.S.) 
568;  L.R.A.1915B,  396. 

§  13.  Transfer  of  generally. 

Check  as  assignment  of  fund  so  as  to  pre- 
vent garnishment.  43  L.R.A.(N.S.) 
100. 

§  14.  Garnishment  of. 

Oarnishment  of  surplus  on  deposit.  59 
L.R.A.  369. 

Garnishment  of  bank  deposit  in  a  form  im- 
porting that  depositor  is  acting  as 
agent  or  fiduciary.  10  L.R.A. (N.S.) 
706;  34  L.R.A.  (N.S.)   1207. 

Payment  by  banic  under  garnishment  of  de- 
posit to  partv  other  than  depositor  but 
of  same  nanae.     11  L.R.A. (N.S.)    248. 

Check  as  affecting  garnishment  of  deposit. 
43  L.R.A.(N.S.)   100. 


BANKS,  V.  a— cont'd 

§   17.  Application    of    deposit    to    debt 
due   banl{. 

As  to  bank's  right  of  set-off,  see  infra,  §  20. 


§  15.  Limitation  of  action  for. 

See  Limitation  of  Actions,  §§  25, 


26. 


§16.  Liability     for     loss    of,     through 
failure  of  bank. 

Liability  of  executor  or  trustee  for  loss  of 

funds  through  failure  of  bank.     14 

L.R.A.   103;    7   L.R.A. (N.S.)    617; 

45  L.R.A.{N.S.)    1. 

Liability    of   guardian    for    loss    of   ward's 

money   deposited   in  bank.     21   L.R.A. 

(N.S.)    399. 

Liability   on   official   bond   for.     22   L.R.A. 

449. 
Liability  of  public  officers  for  loss  of  funds 
by  failure  of  bank  in  which  they  are 
deposited.     36  L.R.A. (N.S.)    285. 
Begin  with  this  hook  on  every  law  question. 


(N.S.)  517;  L.R.A.1918A,  80. 

Application  by  bank  of  individual  partner's 
deposit  on  firm  debt.    23  L.R.A.  111. 

Effect  upon  surety  or  indorser,  of  bank's 
failure  to  apply  principal's  deposit 
account  upon  note.  8  L.R.A.  (N.S. ) 
944;    L.R.A.1917F,  266. 

Applicability  of  deposits  to  indebtedness  of 
one  depositing  in  his  own  name  the 
funds  of  another,  where  the  bank 
has  no  actual'  notice  of  the  true 
character  of  the  funds.  L.R.A. 
1915A,  715. 

§   18.  —deposit  in  fiduciary  character. 

Right  to  apply  deposit  by  fiduciary  or  rep- 
resentative on  his  debt  to  itself.  1 
L.R.A.(N.S.)    1110. 

Liability  of  bank  for  application  of  deposit 
to  pay  fiduciary's  debt  to  the  bank. 
L.R.A.1915C,  525. 

Applicability  of  deposits  to  individual  in- 
debtedness of  depositor  where  word  sug- 
gestive of  fiduciary  character  is  append- 
ed to  his  name.  10  L.R.A.(N.S.)  706; 
37   L.R.A. (N.S.)    409. 

Liability  for  taking  deposit  of  trust  funds 
in  payment  of  trustee's  debt.  52  L.R.A. 
790. 

§   10.  Application  to  debt  due  stranger. 

Right  of  bank  to  charge  customer's  account 
with  amount  paid  to  stranger  with- 
out legal  duress.  31  L.R.A.(N.S.) 
763. 

§20.  Banlc's  right  of  set-off  against 
depositor. 

See  Set-Qff  and  Counterclaim,  §§  8a,  19b. 

§21.  Lien  of  bank  on. 

Right  of  one  whose  securities  havn  been 
pledged  to  bank,  to  secure  a  loan  to 
another,  to  be  subrogated  to  the  bank's 
lien  on  latter's  deposit  and  collateral. 
43  L.R.A.(N.S.)    197. 

§  22.  Checks  generally. 

Rights  and  liabilities  on  checks,  of  persons 
other  than  banks,  see  Checks. 

Certification  of  check,  see  Checks,  §  7. 

Presentment  of,  for  payment,  see  Checks, 
§§    9-11. 

Limitation  of  action  on.    22  L.R.A.  110. 
Banking  customs  as  to.     21  L.R.A.  443. 
Indorsement  of,  "For  deposit."     23  L.R.A. 
164. 

§  23.  Payment  of  checks;  duty  of  de- 
positor. 

Recovery  back  of  money  paid  on,  see  infra, 

§§  28,  29. 
Payment  of  check  generally,  see  Checks,  § 

8. 

Effect  of  death  of  drawer  of  check  as  a  rev- 
ocation  thereof.     L.R.A.1916A,  717. 


TNDEX  TO  L.R.A.  NOTES. 


91 


BANKS,  V.  a— cont'd 

Effect  of  direction  on  check  to  pay  same 
through  specified  agency.  30  L.R.A. 
(N.S.)    607. 

Liability  of  bank  upon  claimed  contract 
of  acceptance  external  to  check.  8 
L.R.A.(N.S.)     1148;    L.R.A.1018F,    172. 

Paying  check  written  on  the  blank  of  an- 
other bank  as  negligence.  19  L.R.A. 
(N.S.)   403. 

Payment  by  bank  of  check  signed  by  au- 
thorized person  in  different  form  than 
that  agreed  upon.  30  L.R.A.  (N.S.) 
206. 

Payment  of  money  deposited  to  credit  of 
minor  to  person  other  than  guardian. 
29  L.R.A. (N.S.)   67. 

Liability  of  savings  bank  for  payment  to 
fraudulent    claimant.      69    L.R.A.    317. 

Liability  of  one  to  whom  insolvent  bank 
has  paid  a  check.  13  L.R.A. (N.S.) 
185;  50  L.R.A.  (N.«.)  239. 

Check  drawn  by  corporate  officer  payable  to 
his  own  order  as  imparting  notice  to 
drawee  bank  of  an  intended  misap- 
propriation.   L.R.A.1915B,  715. 

Does  the  fact  that  a  draft  or  check  is  pay- 
able to  the  order  of  a  bank  put  it  upon 
inquiry  as  to  right  or  title  of  holder. 
L.R.A.1915B,   287. 

§  24.  — payment  on  forged  check  or 
order. 

Right  to  recover  back,  see  infra,  §  29. 
Liability     of     person     whose     signature     is 

forged  on  commercial  paper,  generally, 

see  Bills  and  Notes,  §  16. 

Right  of  bank  in  respect  to  certified  check 
or  draft  fraudulently  altered.  4  B.  R. 
C.   588. 

Duty  of  government  official  to  know  signa- 
ture of  drawer  of  draft.  L.R.A.1915D, 
797. 

Drawee's  duty  to  know  signature  of  drawer. 
27  L.R.A.  635. 

Liability  of  drawee  to  true  owner  of  a 
check  which  it  has  paid  on  a  forged 
indorsement.     L.R.A.1918C,  613. 

Who  must  bear  loss  of  payments  on  forgery 
of  travelers'  checks.     L.R.A.1917F,  558. 

Right  of  holder  of  check  against  bank  which 
cashes  it  on  a  forged  indorsement,  and 
then  collects  it  from  the  drawee.  15 
L.R.A. (N.S.)  519;  L.R.A.1917A,  148. 

Pavnient  by  savings  bank  on  forged  order. 
69  L.R.A.  329;  18  L.R.A. (N.S.)  431. 

Liability  of  bank  which  pays  raised  check. 
5  B.  R.  C.  293. 
Checks  fraudulently  raised  by  employee 
of   drawer.     41   L.R.A.(N.S.)    529. 

Liability  of  bank  to  depositor  for  paying 
altered  check  where  the  alteration  was 
facilitated  by  the  form  in  which  it  was 
drawn.     L.R.A.1918B,  327. 

Right  of  bank  remitting  for  or  paying 
forged  check  as  against  the  depositor 
or  correspondent  bank,  as  affected  by 
the  latter's  negligence  in  failing  to 
give  notice  of  the  forgery.  L.R.A. 
1918F,  282. 

Consult  also  L.R.A.  Digests  of  Cases. 


BANKS,  V.  a— cont'd 

Duty  of  depositor  in  respect  to  forged 
checks  charged  to  him  by  the  bank. 
27  L.R.A.  426;   36  L.R.A.  539. 

Duty  of  a  depositor  to  examine  pass  book 
and  vouchers  upon  their  return  from 
the  bank.     L.R.A.1915D,   741. 

Duty  of  owner  of  certified  check,  or  of 
drawer  of  uncertified  check,  as  to  giving 
notice  of  forgery,  independently  of 
examination  of  vouchers.  L.R.A.1916E, 
909. 

Depositor'^  right  to  recover  amount  of 
forged  or  raised  checks  paid  by  bank 
as  affected  by  the  fact  that  he  intrusted 
the  examination  of  vouchers  to  the  em- 
ployee, who  was  guilty  of  the  original 
fraud.     7  L.R.A.(N.S.)    744. 

Loss  or  prejudice  to  bank  resulting  from 
negligent  failure  on  part  of  depositor 
or  correspondent  bank  to  give  prompt 
notice  of  forgery,  as  a  condition  of  its 
right  to  charge  forged  checks  to  latter's 
account.     20  L.R.A. (N.S.)    79. 

Forger's  application  of  proceeds  of  check 
to  an  indebtedness  to  depositor,  as  af- 
fecting bank's  right  to  charge  the  same 
against  depositor's  account.  25  L.R.A. 
(N.S.)    996. 

§  25.  ^  payment  to  Impostor  or  person 
of  same  name. 

Use  of  fictitious  name  in  bill  or  note,  see 

Bills  and  Notes,  §  13. 
Note  payable  to  imposter,   see  Bills  and 

Notes,  §  14. 

Fictitious  payee  of  check.  26  L.R.A.  570; 
39  L.R.A.  427. 

Check  or  bill  issued,  or  indorsed,  to  im- 
poster— who  must  bear  loss.  50 
L.R.A.  75;  17  L.R.A.(N.S.)  514; 
38  L.R.A.  (N.S.)    1111. 

Who  must  bear  loss  where  check  or  draft 
is  purchased  or  paid  upon  the  spurious 
indorsement  of  one  who  bears  the  same 
name  as  payee  or  indorsee.  34  L.R.A. 
(N.S.)    1101. 

Payment  by  bank  under  garnishment  of  de- 
posit to  party  other  than  depositor,  but 
of  the  same  name.  11  L.R.A. (N.S.) 
248. 

Delivery  of  special  deposit  to  wrong  per- 
son.    32  L.R.A.  775. 

§  25a.  Stopping  payment. 

Right  to  stop  payment  of.     30  L.R.A.  845. 

Of  certified  check.     20  L.R.A. (N.S.)   290. 

Action  by  drawee  essential  to  terminate 
drawer's  right  to  stop  payment  of 
check.     39  L.R.A.(N.S.)    655. 

Obtaining  money  by  check  with  intent  to 
stop  payment,  as  a  false  pretense.  41 
L.R.A.(N.S.}    170. 

Rights  and  liability  arising  out  of  failure 
of  bank  to  comply  with  order  stopping 
payment  of  check.    L.R.A.1916F,  828. 

§  2  6.  Dishonoring  checlv. 

Liability   of   bank   for   refusal   to  pay.     15 

L.R.A.  134. 
Character  of  action  for  dishonor  of  check. 

5   L.R.A.(N.S.)    870. 


92 


INDEX  TO  L.B.A.  NOTES. 


BANKS,  V.  a— cont'd 

Admissibility  of  drawer's  want  of  credit  in 
action  by  him  against  bank  for  wrong- 
fury  dishonoring  checlc,  11  L.R.A. 
(N.S.)    224. 

Liability  of  national  bank  on  its  promise 
to  honor  checks  to  be  drawn  upon  it  by 
one  who  has  no  funds  on  deposit  to 
meet  the  same.     17   L.R.A.  (N.S.)    526. 

Right  of  holder  of  check  to  maintain  action 
thereon  against  bank.  L.R.A.1916C, 
165.  , 

Duty  of  bank  to  apply  savings  accoimt  to 
check.     L.R.A.1916A,  1222. 

§  2  7.  Paying  out  deposits  generally. 

Right  of  bank  to  impeach  sources  of  de- 
posit as  against  holder  of  check  drawn 
against  the  same.  37  L.R.A. (N.S.) 
1186. 

Delivery  of  special  deposit  to  wrong  person. 
32  L.R.A.  775. 

Obligation  to  pay  in  coin  where  coin  de- 
posited.    29  L.R.A.  623. 

Duty  of  bank  as  to  payment  of  money  held 
as  bailee.     21  L.R.A. (N.S.)    816. 

Liability  of  bank  for  failure  to  prevent  mis- 
appropriation of  funds  by  a  fiduciary. 
L.R.A.1915C,  518. 

Payment  of  money  deposited  on  joint  ac- 
count.   L.R.A.1915D,  920. 

§  28.  Recovery  back  of  money  paid  out 
by   bank. 

Liability  to  bank  of  one  who,  without 
knowledge  of  the  fraud,  draws  out 
funds  fraudulently  credited  to  him  by 
its  officers  or  employees.  31  L.R.A. 
(N.S.)    1126. 

Right  of  bank  to  recover  amount  paid  on 
check  in  ignorance  of  insolvency  of 
drawer,  who  was  indebted  to  it.  33 
L.R.A.(N.S.)    963. 

Right  of  bank  to  recover  amount  paid  on 
check  or  other  paper  drawn  upon  or 
payable  at  it,  under  mistaken  belief 
that  there  were  sufficient  funds  to 
meet  it.  23  L.R.A. (N.S.)  1092;  33 
L.R.A.(N.S.)    1023;    L.R.A.1918F,   811. 

Right  of  depositor  to  recover  against  one 
to  whom  bank  was  paid  excessive  or 
unauthorized  payment.  42  L.R.A. 
(N.S.)    1135. 

§  29.  —on  forged  paper. 

Effect  of  payment  on  forged  check  or  order, 

see  supra,  §  24. 
Effect   of   payment  to   impostor   or  person 

of  same  name,  see  supra,  §  25. 

Right  of  bank  in  respect  to  certified  check 
or  draft  fraudulently  altered.  4  B.  R. 
C.  588. 

Right  of  drawee  of  forged  check  or  draft  to 
recover  money  paid  tliereon.  10 
L.R.A.(N.S.)  49;  25  L.R.A.(N.S.) 
1308;  29  L.R.A. (N.S.)  100;  L.R,A. 
1915A,   77. 

Right  of  drawee  of  check  to  recover  money 
paid  on  forged  indorsement.  L.R.A. 
1916E,  539. 

Begin  xiitlt  this  boolc  on  every  law  question. 


BANKS,  V.  a— cont'd 

Delay  in  giving  notice  of  forgery  as  os- 
toppol  of  true  owner  to  recover  on  a 
forged  indorsement.  40  L.R.A. (N.S.) 
657. 

§30.  Certificates  of  deposit. 

Limitation  of  action  on,  see  Limitation  op 
Actions,  §§  25,  26. 

Garnishment  of  debt  evidenced  by  certifi- 
cate of  deposit.     L.R.A. 1918C,  750. 

Certificate  of  deposit  as  a  negotiable  instru- 
ment.   L.R.A.1918C,  691. 

Maturity  of.     15   L.R.A.  386. 

Defense  against,  when  transferred  after 
maturity.     46  L.R.A.   809. 

Presumption  as  to  time  of  alteration  in 
certificate  of  deposit.  39  L.R.A.  (N.S.) 
114. 


h.  Collectiona., 

§31.  Generally. 

Liability  of  bank  for  misapf)ropriation  of 
collections  by  its  officers  or  employees 
L.R.A.1917A,  522. 

Bank  to  which  paper  is  sent  for  collection 
at  request  of  obligor  as  agent  of  ob- 
ligor or  of  holder.  34  L.R.A.(N.S.) 
734. 

Banking  customs  as  to.     21  L.R.A.  442. 

Right  to  show  by  parol  evidence  that  in- 
dorsement, unrestricted  in  form,  was 
made  for  purpose  of  collection  onlv. 
17  L.R.A.(N.S.)   838. 

Rights  and  liabilities  of  assignee  of  bill  of 
lading  with  draft  attaclied  as  against 
consignee  who  does  not  get  goods  or 
finds  them  defective.  49  L.R.A.  670; 
1  L.R.A.(N.S.)  242;  18  L.R.A.  (N.S.) 
1221;  32  L.R.A.(N.S.)  1173;  52  L.R.A. 
(N.S.)   241. 

Criminal  liability  of  collector  of  draft  at- 
tached to  bill  of  lading  for  liquor.  46 
L.R.A.  (N.S.)    1139. 

Right  of  discounter  of  draft  as  to  property 
covered  by  a  bill  of  lading  attaclied  to 
draft.     49  L.R.A. (N.S.)    644. 

Right  of  holder  of  check  against  bank 
which  cashes  it  on  a  forged  indorse- 
ment and  then  collects  it  from  the 
drawee.  15  L.R.A. (N.S.)  519;  L.R.A 
1917A,  148. 

Right  of  bank,  in  action  l;y  holder  for 
proceeds  of  commercial  papor  collected 
by  it;  to  avail  itself  of  defenses  that 
would  have  been- available  in  an  action 
on   the   paper.     26   L.R.A.(N.S.)    1098. 

§32.  Title  to,  and  disposition  of,  col- 
lection or  funds. 

Trust  in  proceeds  of  collection  bv  insolvent 

bank.     32  L.R.A.  715;  38  L.R.A. (N.S.) 

146;   L.R.A.1917r,  603. 
Banking  custom   as   to  treatment   of   check 

deposited    "for   collection."      21   L.R.A. 

443. 
Title  to  check  drawn  on  another  bank  which 

has    been    credited    to    depositor,      47 

L.R.A.(N.S.)  652. 


INDEX  TO  L.R.A.  NOTES. 


93 


BANKS,  V.  b— cont'd 

§3  3.  Duty  and  liability  of  collecting 
bank. 

Loss  of  check  after  it  had  been  credited  to 

depositor's  account.     L.R.A.1917A,  658. 
Diligence      required      in      collecting      check 

taken    bv    collecting    bank.      3    L.R.A. 

(X.S.)    1167. 
Damages  for  negligence  as  to  collection  of 

commercial     paper.       1     L.R.A.  (N.S.) 

246. 
Actual   damage   as  a  condition  of  liability 

for  negligence  in  presenting  check.     1 

L.R.A. (N.S.)   246. 
Criminal   liability  of  bank  collecting  draft 

attached   to   bill   of   lading   for   liquor. 

46  L.R.A.(N.S.)    1139. 
Rule  or  custom  of  clearing  house  relating 

to  time  for  presentation   of  checks   as 

affecting    liability    of    collecting    bank. 

50  L.R.A. (N.S.)   542. 
Liability  for  default  of  correspondent.     52 

L.R.A. (N.S.)   608. 
Responsibility    of    holder   of   paper   as   col- 

Interal  security  for  default  of  those  to 

whom  the  paper  is  intrusted  for  collec- 
tion.    L.R.A.1917E,  509. 

§  34.  —what  may  be  accepted  in  pay- 
ment. 

Liabilitj"  for  taking  check  or  draft  in  pay- 
ment  of   paper   held   for   collection.     3 

L.R.A.  (N.S.)    1179. 

§3  5.  —sending  directly  to  drawee 
bank. 

Generally.     27  L.R.A.  248;  18  L.R.A. (N.S.) 

441."^ 
Effect  of  banking  custom  as  to.     21  L.R.A. 

443. 
Validity  of  custom.    2  L.R.A. (N.S.)  194. 

c.  Othei'  transactions;  discounts. 

§  3  6.  Generally. 

Liability  of  bank  as  accommodation  in- 
dorser.     23  L.R.A.  836. 

Liability  of  bank  directors  in  case  of  bad 
loans  or  investments.  39  L.R.A. (N.S.) 
173. 

Nature  of  drafts  by  one  bank  on  another. 
23  L.R.A.  173. 

Effect  of  national  bank  reserving  illegal 
interest.      56    L.R.A.   673. 

Right  of  a  bank  to  engage  in  business  to 
save  debt.     27  L.R.A. (N.S.)    243. 

Right  or  power  of  bank  to  purchase  draft 
with  bill  of  lading  attached.  L.R.A. 
1918D,  706. 

Right  of  bank  acquiring  paper  void  for 
usury  as  between  prior  parties,  under 
a  statute  prescribing  special  and  ex- 
clusive penalties  against  a  bank  which 
takes  usury.     16  L.R.A. (N.S.)    626. 

Validity  of  contract  as  to  circulating  notes, 
which  violates  statute.  12  L.R.A, 
(N.S.)    610. 

Power  of  bank  to  pledge  assets  to  secure 
depositor.     45  L.R.A.(N.S.)   950. 

Presumption  and  burden  of  proof  as  to 
negligence  in  case  of  embezzlement  of 
property  while  in  possession  of  bank  as 
bailee.  '43  L.R.A.(N.S.)    1190. 

Consult  also  L.R.A.  Digests  of  Cases. 


BANKS,  V.  c— cont'd 

Liability  of  bank  for  interest  on  money  de- 
posited with  it  to  secure  performance 
of  contract  or  decree,  or  to  indemnify 
against  losses  or  claims.  52  L.R.A. 
(N.S.)    522. 

§3  7.  — guaranty  of  loan  by  national 
bank. 

Generally.  32  L.R.A.(N.S.)  544;  L.R.A. 
1918A,  415. 

As  affecting  remedies'  of  bank.  32  L.R.A. 
(N.S.)    544. 

As  affecting  bank's  liability  on  accommo- 
dation guaranty.    32  L.R.A.(N.S.)   545. 

As  affecting  liability  of  bank  benefited  by 
transactions.     32  L.R.A.(N.S.)   546. 

§  37a.  — discounts. 

Taking  interest  in  advance.  29  L.R.A,  761; 
L.R.A.1915D,  1195. 

Purchase  of  notes  and  bills  by  bank  as  dis- 
tinguished from  discounting.  16 
L.R.A.  223. 

Amount  of  discount  as  putting  purchaser 
of  negotiable  paper  on  inquiry.  29 
L.R.A.(N.S.)  378;  44  L.R.A. (N.S.)  404.  : 

Power  of  bank  to  discount  draft  with  bill 
of  lading  attached.     L.R.A.1918D,  706. 

Right  of  bank  discounting  draft  as  to  prop-- 
erty  covered  by  a  bill  of  lading  at- 
tached to  draft.     49  L.R.A.(N.S.)    644. 

d.  Clearing-house    business. 

§38,  Generally. 

Origin  and  description.     25  L.R.A.  824. 

Rights  and  liabilities  of  clearing  houses. 
25   L.R.A.  825. 

Clearing-house  loan  certificates.  25  L.R.A. 
826. 

Clearing-house   duebill.     25   L.R.A.   826. 

Presentation  and  payment  through  clear- 
ing-house.   25  L.R.A.  826. 

Return  of  paper  not  good  after  receiv- 
ing it  through  clearing-house.  25 
L.R.A.  827. 

Effect  of  clearing-house  rules  and  customs. 
25   L.R.A.   830. 

Agency  of  clearing-house  members.  25 
L.R.A.  830. 

Gold  clearing-house.     25  L.R.A.  830. 

Country  clearing-house  of  London.  25 
L.R.A.  831. 

Miscellaneous.     25  L.R.A.  831. 

Rule  or  custom  of  clearing  house  relating  to 
time  for  presentation  of  checks  as  af- 
fecting liability  of  collecting  bank.  50 
L.R.A.(N.S.)    542. 

VI.  Insolvency  of  bank. 

§3  9.  Generally. 

Liability  for  loss  of  deposit  by,  see  supra, 
§  16. 

Reception  of  deposit  by  bank  while  in- 
solvent as  a  crime,  see  infra,  §  51. 

Constitutionality  of  statute  authorizing  of- 
ficer to  take  charge  of  assets  of  bank 
upon  suspicion  of  insolvency.  L.R.A. 
1915E,  675. 


94 


INDEX  TO  L.R.A.  NOTES. 


BANKS,  VI.— cont'd 

Receiving  deposit  when  insolvent  as  a  fraud. 
34  L.R.A.  533. 

Liabilitv  of  one  to  whom  an  insolvent  bank 
has'  paid  a  check.  13  L.R.A.  (N.S.) 
185:  50  L.R.A.(N.S.)   239. 

Effect  on  surety  or  indorser  of  insolvent 
bank's  failure  to  apply  principal's  de- 
posit to  account  on  note.  8  L.R.A. 
(N.S.)   955;  L.R.A.1917F,  266. 

Preliminary  injunction,  effect  of  which  is 
to  transfer  possession  of  assets  of  bank 
from  directors  to  trustees  under  as- 
signment for  benefit  of  creditors.  39 
L.R.A.(N.S.)  34. 

Liability  of  officers  for  failure  to  close  in- 
solvent  bank,   3    L.R.A. (N.S.)    438. 

Reorganization  of  banking  corporation  in 
insolvency  proceeding  as  aifecting  lia- 
bility on  existing  obligations.  L.R.A. 
1918B,  619. 

§  4  0.  Preferences. 

Exceptions  to  the  prohibition  of  preferences 
bv  insolvent  national  banks.  25 
L.R.A.  546. 

Right  to  preference  for  money  paid  to  in- 
solvent bank  for  draft.  10  L.R.A. 
(N.S.)   928;  39  L.R.A. (N.S.)   563. 

Claim  of  preference  of  special  or  trust  de- 
posit out  of  funds  of  insolvent  bank. 
1  L.R.A.(N.S.)   252. 

Right  to  preference  in  respect  of  public 
funds  deposited  in  bank  which  subse- 
quently becomes  insolvent.  5  L.R.A. 
(N.S.)  886;  16  L.R.A.(N.S.)  918; 
L.R.A.1917A,  683. 

Common-law  priority  of  state  or  United 
States  in  payment  from  assets  of  in- 
solvent bank.  46  L.R.A.  (N.S.)  260; 
L.R.A.1918A,  398. 

Liabilitv  of  one  to  whom  an  insolvent  bank 
has' paid  a  check.    50  L.R.A.  (N.S.)  239. 

Rights,  against  receiver,  as  to  paper  de- 
posited before,  but  not  collected  at 
the  time,  tlie  bank  closed  its  doors. 
L.R.A.1915D,  402. 

Right  of  purchaser  of  a  draft  from  a  bank 
to  lien  or  preference  to  collateral  in 
hands  of  drawee  upon  insolvency  of  the 
drawer.     L.R.A.1915B,   43.8. 

Effect  of  deposit  by  broker  or  factor  to  his 
own  account  by  proceeds  of  sale  of  cus- 
tomer's stock  or  property  to  create  a 
trust  entitled  to  a  preference.  27 
L.R.A.(N.S.)    808. 

Payment  of  depositor  during  a  run  on  a 
bank  as  an  unlawful  preference.  36 
L.R.A.  675. 

Pledge  of  securities  by  insolvent  bank  as  an 
unlawful  preference.    L.R.A.1917A,  701. 

§  41.  Trust  in   funds. 

Trust    in    deposit    in    insolvent    bank.      34 

L.R.A.  532. 
Trust    in    proceeds    of    collection    made    by 
bank    when    insolvent.      32    L.R.A. 
715;   38  L.R.A. (N.S.)    146;   L.R.A. 
1917F,  603. 
Priority  in  assets  of  insolvent  national  bank 
bv    reason    of    trust    character    of    de- 
posit.    25  L.R.A.  546. 
Begin  tvith  this  book  on  every  law  question. 


BANKS,  VI.— cont'd 

Claim   of    preference   of   trust    deposit    out 

of  funds  of  insolvent  bank.     ]    L.R.A. 

(N.S.)    252. 
Lien    on    commercial    paper    purchased    by 

bank  after  it  has  mingled  trust  money 

with   its  own  funds.     15   L.R.A.(N.S.) 

1100. 

§42.  Right  of  set-off. 

See  Set-Off  and  Counterclaim,  §  19a. 

VII.  Savings  banks, 

§  43.  Generally. 

Gift  of  deposit  in,  see  supra,  §§  12,  13. 

Joint  account  in.     31  L.R.A.  454. 

Effect  of  delivery  of  savings  bank  book  as 
gift  of  deposit.     18  L.R.A.   171. 

Duty  of  bank  to  apply  savings  account  to 
check.    L.R.A.1916A,  1222. 

Delivery  necessary  to  complete  gift  of  sav- 
ings bank  account  when  book  is  already 
in  donee's  possession.  17  L.R.A. (N.S.) 
181. 

Right  to  withdraw  deposit  from  savings 
bank  without  presenting  pass  book.  46 
L.R.A.  (N.S.)   194. 

§  44.  Liability  for  payments  to  fraudu- 
lent claimants. 

General  rule  requiring  reasonable  care  by 
the  bank.     69   L.R.A.   317. 

The  application  of  the  rule  of  reasonable 
care  as  ail'ected  bv  the  bank's  by- 
laws.     69   L.R:A.   318. 

The  binding  effect  of  the  bv-laws  upon  the 
depositor.     69  L.R.A.  324. 

Limits  of  the  application  of  the  rule  re- 
quiring reasonable  care.  69  L.R.A. 
327. 

Contributory  negligence  of  the  depositor. 
69   L.R.A.   340. 

Matters  of  evidence.     69   L.R.A.   342. 

Payment  by  savings  bank  on  forged  order. 
18  L.R.A.(N.S.)    431. 

VIII.  National   banks. 

§  45.  Generally. 

State  taxation  of,  see  Taxes,  §  7. 

Effect    of    usury    by    national     bank,    see 

Usury,  §  11. 
Set-off  in  case  of  usury,  see  Set-Off  and 

Counterclaim,  §  8. 

Power  of  national  bank  to  acquire  and  hold 
stock  of  other  corporations.  L.R.A. 
191 6 A,  584. 

Power  of  national  bank  to  receive  special 
deposits.     L.R.A.1918A,  73. 

Liability  of  national  bank  upon  its  promise 
to  honor  chocks  to  be  drawn  upon  it  by 
one  who  has  no  funds  on  deposit  to 
meet  the  same.     17  L.R.A.  (NiS.)    526. 

Liability  for  loss  of  special  deposit.  32 
L.R.A.  770. 

Exceptions  to  prohibition  of  preferences  by 
insolvent  national  banks.  25  L.R.A. 
546. 


INDEX  TO  L.R.A.  NOTES. 


95 


BlNKS,  VIII.— cont'd 

§  4  6.  Transfer  of  stock. 

Restriction  on  transfer  of  stock  in  national 
bank.     27  L.R.A.  273. 

Effect  of  by-law  requiring  transfer  of  na- 
tional bank  stock  on  books.  67  L.R.A. 
673. 

§  4  7.  Guaranty  of  loan  by. 

Guaranty  of  loan  by.  32  L.R.A.  (N.S.)  544; 
L.R.A.1918A,  415. 

§4  8.  Jurisdiction. 

Jurisdiction  of  state  courts  over  actions  by 
or  against  national  banks.  48  L.R.A. 
35. 

Jurisdiction  of  United  States  Supreme 
Court  in  action  against  national  bank 
to  recover  penalty  for  taking  usury. 
56  L.R.A.  680. 

Question  relating  to  national  banks  as  Fed- 
eral question.     62  L.R.A.  536. 

JX.  State  hanks. 

§  49.  Generally. 

Nature  and  privileges  of  state  bank.  29 
L.R.A.  378. 

Nature  and  relation  to  state  of  incorpo- 
rated bank  belonging  to  it.  29  L.R.A. 
378. 

X.  Taxation, 

§50.  Generally, 

Of  national  banks,  see  Taxes,  §  7. 
As    to    corporate    taxation,    generally,    see 
Taxes,  II. 

Of  franchise.     57  L.R.A.  56. 

Taxation  of  banking  corporations  in  the 
United  States  as  affected  by  the  con- 
tract clause  in  the  Federal  Constitu- 
tion.    60  L.R.A.  60,  86. 

Taxation   of  bank  deposits.     57   L.R.A.   72. 

Situs  as  between  different  states  or  coun- 
tries of  bank  deposits  for  purposes  of 
property  taxation.    L.R.A.1915C,  9^8. 

Bank  deposit  to  credit  of  nonresident  of 
state  as  subject  of  local  property  taxa- 
tion.   26  L.R.A. (N.S.)  1120. 

Inheritance  or  succession  tax  on  bank  de- 
posit to  take  effect  after  donor's  death. 
38  L.R.A.(N.S.)    1149. 

XI.  Crimes. 

§51.  Generally. 

Criminal  liiil)ility  for  receiving  deposit  in 
hank  knowing  of  its  insolvency. 
31  L.R.A.  124. 

Wlicn  is  a  bank  insolvent  Avithin  statute 
makiiiii-  it  an  offense  to  receive  further 
deposits.      20   L.R.A. (N.S.)    444. 

Power  of  legislature  to  provide  that  failure 
of  bank  shall  be  prima  facie  evidence 
of  knowledge  of  insolvency  at  time  of 
receiving  deposit.     L.R.A.1915C,  732. 

Constitutionality  of  statutes  making  receiv- 
ing of  deposits  after  bank  is  insolvent 
a  crime.     22  L.R.A.  (N.S.)  266. 

Consult  also  L.R.A.  Digests  of  Cases. 


BANKS,  XL— <;ont'd 

Is  the  actual  personal  receipt  of  a  deposit 
by  an  officer  or  employee  of  an  insolvent 
bank  essential  to  his  conviction.  26 
L.R.A.(N.S.)    1072. 

XII.  Banle.  guaranty  law. 


§52.  Generally. 

Constitutionality 
1065. 


of.       32      L.R.A.(N.S.) 


BAPTISMAL  REGISTER. 

Immaterial  alteration  in.    39  L.R.A. (N.S.) 
115. 


BAR. 

Of  statute  of  limitations,  see  Limitation 
OF  Actions. 


BAR    ASSOCIATION. 

Membership  in,  as  disqualification  of  judge 
to  preside  at  disbarment  proceedings. 
39  L.R.A.(N.S.)   116. 


BARBERS. 


§  1.  In  general. 

License  of,  see  License,  §  22a. 

Constitutionality  and  effect  of  restrictions 
on  right  to  practise  trade  of  bar- 
ber.    40  L.R.A. (N.S.)    629. 

§  2.  Violation  of  Sunday  law. 

Keeping  shop  open  on   Sunday.     14  L.R.A. 

194;  L.R.A.1917B,  97. 
Validity    of    classification    in    Sunday    law 

with  regard  to.     14  L.R.A. (N.S.)  1259; 

32  L.R.A.(N.S.)  1190. 
Special    penalty    for    violation    of    Sunday 

closing  act.     15  L.R.A.(N.S.)  646. 


BARK. 

Oral  contract  for  sale  of.     19  L.R.A.  721. 
Sufficiency  of  delivery  of  tan  bark  on  sale 
out  of  larger  lot.     26  L.R.A. (N.S.)   40. 


BARKING    DOGS. 


Right  to  kill.     15  L.R.A.  249. 

As  nuisance.     7  L.R.A. (N.S.)    349. 


96 


INDEX  TO  L.R.A.  NOTES. 


BARN. 

What  passes  under  bequest  of  contents  of 
property  and  effects  contained  in. 
L.R.A.1915C,  653. 


BARRATRY. 


Effect  of  barratrous  conduct  upon  liability 
upon  marine  insurance  policy.  1  L.R.A. 
(N.S.)   1098. 


BARREBRS. 


In  highway,  see  Highways,  §  73. 

Ferryman's  duty  to  maintain  proper  bar- 
riers to  protect  passengers  and  prop- 
erty.   68  L.R.A.  155. 


BARROOMS. 


Municipal  power  as  to  screens  in.    24  L.R.A. 
768. 


BARS. 

See  also  Gates. 

Right  to  maintain,  across  easement  of  way. 
48  L.R.A.(N.S.)    87.    ' 


BARTER. 


Of  horses,  see  Hobse  Trade. 


BASEBALL. 


21  L.R.A. 
1186;    41 


Playing  on  Sunday  as  an  offense. 

(N.S.)    63;    32  L.R.A.(N.S.) 

L.R.A.(N.S.)   407. 
Liability  of  owners  of  base  ball  park  or  of 

management  of  base  ball  exhibition  for 

safety  of  patrons.    L,R.A.1915F,  694. 


BASE  COIN. 


As  medium  of  payment,  Bee  Patment,  §  8. 


BASIN. 


BASTARDY. 

§   1.  Generally. 

Inheritance  by  or  from  bastards,  see  Dbj- 
SCENT,  593.,  §  5. 

As  to  legitimacy  and  illegitimacy,  general- 
ly, see  Illegitimates. 

Actionability  of  charge  tliat  one  is  bastard, 
see  Libel  and  Slander,  §  13. 

As  to  action  of  parent  for  seduction  of 
child,  see  Seduction,  §  4. 

Using  lunatic's  property  in  support  of  il- 
legitimate  children.     34  L.R.A.   298. 

Existence  of  bastard  child  as  ground  of 
divorce  or  annulment  of  marriage.  18 
L.R.A.  377;   L.R.A. 1916E,  652. 

Effect  of  putative  father's  attempt  to  ap- 
point guardian  for  child  against  sur- 
viving  mother.      13   L.R.A. (N.S.)    294. 

§  2.  Bastardy   proceedings. 

Termination  of  proceeding  as  bar  to  sub- 
sequent case.     1   L.R^.(N.S.)    470. 

Right  of  prosecutrix  to  private  counsel. 
33  L.R.A.(N.S.)  463. 

Attorney's  lien  on  fund  in  bastardy  proceed- 
ings.    11   L.R.A.{N.S.)    630. 

Form  of  judgment  on  bastardy  bond.  62 
L.R.A.  444. 

Limitation  applicable  to  bastardy  proceed- 
ings or  action  to  compel  support.  40 
L.R.A.(N.S.)    144. 

Necessity  of  guardian  ad  litem  for  infant 
in  bastardy  proceeding.  52  L.R.A. 
(N.S.)    799. 

Right  of  the  parties  to  compromise  or  set- 
tle.    L.R.A.1918D,  291. 

§  3.  — abatement  of,  by  death. 

Death  of  defendant.    30  L.R.A,  (N.S.)   1167. 
Death    of    complainant.      30    L.R.A.(N.S.) 

1167. 
Death  of  child.     30  L.R.A. (N.S.)    1168. 

§  4.  — evidence  in. 

Presumption  and  burden  of  proof.    L.R.A.  ' 
1918C,  891. 

Power  of  legislature  to  enact  priftia  facie 
rule  of  evidence.     L.R.A.191.5C,  7o3. 

Parol  evidence  as  to  resemblance  in  proof 
of.    52  L.R.A.  500. 

Evidence  of  other  crimes  in  prosecution 
for.     62  L.R.A.  329. 

Evidence  of  specific  instances  to  prove  char- 

«  acter  of  mother  for  chastity.  14  L.R.A. 
(N.S.)    733;   L.R.A.1916B,  969. 

Competence  of  woman  to  testify  as  to  non- 
access  of  husband.  2  L.R.A' (N.S.)  619; 
L.R.A.1916B,   1053. 

Proof  necessary  to  establish  bastardy  of 
child  born  to  married  woman.  36 
L.R.A. (N.S.)    255. 

Exhibition  of  child  for  purpose  of  deter- 
mining paternity.     L.R.A.1917B,   1148. 

Admissibility  of  declarations  of  parents  or 
putative  parents  as  to  paternity  or 
maternity  of  child.    6  B.  R.  C.  853. 


Surface  water   as   distinguished   from. 
L.R.A.  529. 


§  5.  liiability  on  bond;  punishment. 
25    Effect  of   insertion  of  unauthorized   provi- 
sions in  bond.     L.R.A.1917B,  990. 
Begin  with  this  hook  on  every  law  queaUon. 


INDEX  TO  L.R.A.  NOTES. 


97 


BASTARDY— cont'd 

Penalty  as  limit  of  liability  on  bond  in 
bastardy    proceedings.      55    L.R.A.    395. 

Cruel  and  unusual  puiiisliment  for.  35 
L.R.A.   570. 

Imprisonment  under  order  in  bastardy  pro- 
ceeding, as  imprisonment  for  debt.  34 
L.R.A.  667;  L.R.A.1915B,  651. 


BATH  HOUSE. 


See  also  Bathing  Resobt. 

Liability  of  proprietor  to  patron.    32  L.R.A. 

(N.S.)    715. 
Liability  of  keeper  of  bath  house  for  loss 

of   guest's   valuables.      6    L.R.A. (N.S.) 

828. 


BATHING. 


Right  of  public  to  bathe  on  the  seashore. 

8  L.R.A.(N.S.)   1047. 
Surf  bathing  as  violation  of  Sunday  laws. 

30  L.R.A.(N.S.)   470. 


BATHING  RESORT. 

See  also  Bath  House. 

Care  required  from  proprietor  of.    3  L.R.A. 

(N.S.)    982. 

Liability  of  person  maintaining,  for  safety 
of  patrons.  3  L.R.A. (N.S.)  982,  1132; 
32  L.R.A.  (N.S.)  715;  38  L.R.A.  (N.S.) 
72;  42  L.R.A.(N.S.)  1073;  L.R.A. 
1915F,  698. 

Private  action  for  violation  of  statute  de- 
signed to  promote  safety  of  sea  bathers. 
L.R.A.1915E,  561. 

♦-•-♦ • 


BATTERY. 

See  AssATjLT  and  Battery. 
♦»» 


BAWDYHOUSE. 

See  Disorderly  House. 
^ » » 


BAYS. 

As  boundary  between  states,  see  Boundary, 
§2. 

Jurisdiction  over.     46  L.R.A.  275. 


BAY    WINDOWS. 


39 


BAY  WINDOWS— cont'd 

Power  of  municipality  to  permit  extension 
of.    into   street.     28    L.R.A. (N.S.)    375. 

Violating  ordinance  as  to,  as  ground  for 
private  action.     5  L.R.A.  (N.S.)   261. 

Bay  window  extending  beyond  line  as  vio- 
lation of  building  restriction.  52 
L.R.A.  (N.S.)    1044,   1052. 


BEAMS. 

As    defect   in    dock    or   wharf.     61    L.R.A. 
949. 


BEAR. 

Liability  for  injury  by.  11  L.R.A. (N.S.) 
748;  52  L.R.A. (N.S.)   378. 

Liability  of  master  to  servant  for  personal 
injurv  by  bear  kept  for  exhibition 
purposes.     23  L.R.A.(N.S.)    1071. 


BED. 

Under  water,  rights  in,  see  Waters,  §§  12- 
17. 


BEDDING. 


Carrier's  duty  to  furnish  bedding  for  live 
stock.     23  L.R.A.(N.S.)   278. 


BEER. 

As   to    intoxicating   liquors,    generally,    see 
Intoxicating  Liquor. 

Judicial    notice   that    beer   is    intoxicating. 
48  L.R.A. (N.S.)    309,  316. 


BEES. 

Property  rights  in.     40  L.R.A.  687. 
Liability    of   OAvners   of,   for   injuries   done 

by  them.     62  L.R.A.  132. 
As  a  nuisance.     62  L.R.A.  133. 


BEHAVIOR. 


Reduction,  of  term  of  imprisonment  for  good 
behavior.    34  L.R.A.  509. 


Municipal   regulation  of,  as  nuisances 

L.R.A.  667. 
Consult  also  L.R.A.  Digests  of  Cases.     7 


BELIEF. 

Information    and    belief,    see    Information 

AND  Belief. 
Effect    of,    on    criminal    responsibility,    see 

Criminal  Law,  §§  13,  14. 


Its 


INDEX  TO  L.R.A.  NOTES. 


BELIEF— cont'd 

Effect    of,    on    adverse    possession    beyond 

boundary  line.     21   L.R.A.  831. 
Belief    in    reckless    statement    as    affecting 

fraud.     35  L.R.A.  432. 
Of   prosecutor   obtaining  advice   of   counsel 

for   prosecution.      18   L.R.A. (N.S.)    63. 
Perjury  in  statements  involving  matters  of. 

25  L.R.A.(N.S.)  654. 


BELLS. 

Duty  of  bicyclists  to  carry.    47  L.R.A.  29.5. 

Violation  of  ordinance  as  to  sounding  of 
bells  on  street  cars  as  ground  for  pri- 
vate  action.      5   L.R.A.(N.S.)    252. 

Ringing  of,  as  disturbance  of  public  peace. 
32  L.R.A.(N.S.)   505. 


BELT  RAILROAD. 

Exercise  of  power  of  eminent  domain  by. 
10  LJl.A.(N.S.)  909. 


BENEFICIAL  PLAINTIFF. 

Liability  of,  for  costs.    62  L.R,A.  618. 


BENEFICIARIES. 


Of  charitable  bequest,  see  Chabities. 

In  insurance  policy  or  certificates,  see  In- 

SUBANCB. 

Of  will,  see  Wills,  V.  f. 


BENEFITS. 


Set-off  of,  in  eminent  domain,  gee  Dakages, 
§  93. 

EstoMMi-l  by  receiving,  see  Estoppex,  §§  32, 
33. 

Under  policy,  right  to  decrease,  see  In- 
surance, §  179. 

As  basis  for  assessment  for  public  improve- 
ment, see  Public  Impbovements,  §  26. 

Reservation  of,  by  grantor  as  showing 
fraudulent  intent.    31  L.R.A.  633. 

♦  •» 


BENEVOLENCE. 

Devise  or  bequest  for,  see  Chabities. 


BENEVOLENT   SOCIETIES. 


§   1.  Generally. 

As  to  associations,  generally,  see  Associa- 
tions. 
As  to  charities  generally,  see  Chabities. 
Insurance  by,  see  iMSUBANCE. 

Liability  of  property  owned  by  fraternal 
societies  to  assessment  for  local  im- 
provru'.ijnts.     .^5  L.R.A.  3S. 

Begin  vHth  this  booh  on  every  late  question. 


BENEVOLENT  SOCIETIES— cont'd 

Liability  of  lessor  of  property  leased  for 
lodge  room  for  personal  injuries  to  pa- 
tron.    L.R.A.1916F,  112!). 

Use  of  lodge  or  club  building  for  entertain- 
ment or  social  purposes  as  allt-oting- 
right  to  exemption  from  taxation. 
L.R.A.1915F,  694. 

Right  of  benevolent  society  to  protection' 
against  use  of  name,  insignia,  ritual,, 
etc.,  by  another  organization.  L.R.A. 
1915B,  1074. 

Right  to  property  of  local  branch  of  benefit 
society  in  event  of  secession  or  at- 
tempted secession.  47  L.R.A.. 
(N.S.)    927. 

Conclusiveness  of  decisions  of  tribunals  of.. 
49   L.R.A.  353;   2  L.R.A. (N.S.)    672. 

Conclusiveness  of  decisions  of  tribunal  of 
mutual  benefit  associations  directly 
upon  claims  for  benefits;  and  duty  to- 
exhaust  remedies  within  association. 
52  L.R.A. (N.S.)   823. 

§  2.  Nature  of  society. 

Benefit  association  as  an  insurance  com- 
pany.    38  L.RA.  33. 

Fraternal  benefit  society  as  a  benevolent  or 
charitable  association  witliin  exemp- 
tion statutes.     7  L.R.A.(N.S.)   380. 

§  3.  Rights  and  obligations  of  mem- 
bers. 

Members  of  associations  generally,  see  As- 
sociations, §  3. 

Infant  as  member  of  co-operative  insur- 
ance company.     17  L.R.A.  547. 

Liability  of  benevolent  or  fraternal  society 
for  injury  to  person  during  initiation. 
13  L.R.A. (N.S.)  314;  L.R.A.1917C,  476. 

Right  of  members  of  subordinate  lodge  of 
benefit  society,  which  has  been  suspend- 
ed or  dissolved,  to  transfer  to  another 
lodge.     L.R.A.1918F,  780. 

§   3a.  Expulsion      or      suspension      of 
member. 

Validity  and  effect  of  by-law  of  mu<^"al 
benefit  society  suspending  member  who- 
disappears.     L.R.A.1917A,  182. 

Conclusiveness  of  decision  of  tribunal  of 
mutual  benefit  society  suspending  or  ex- 
pelling a  member.  52  L.R.A. (N.S.) 
806. 

Necessity  of  exhausting  remedies  within  or- 
der against  decision  expelling  or  sus- 
pending a  member  from  a  mutual  bene- 
fit association.     52  L.R.A. (N.S.)   817. 

Liability  of  benevolent  or  fraternal  society 
for  injury  to  person  during  expulsion. 
13  L.R.A.(N.S.)  314;  L.R.A.1917C,  476. 

Effect  of  expulsion  from  a  society  to  de- 
stroy right  to  insurance  connected 
therewith.     25  L.R.A.  149. 

Wrongful  expulsion  of  member  as  ground 
for  dissolution  of  association.  L.R.A. 
1918B,  310. 

§  4.  Regrulations;   by>Iaws. 

As  to  by-laws  affecting  insurance  rights  of 
members,  see  Insurance,  §  46. 

Validity  and  effect  of  by-law  of  mutual 
benefit  societv  suspending  member  who 
disappears.    L.R.A.1917A,  182. 


INDEX  TO  L.K.A.  NOTES. 


S9 


BENEVOLENT  SOCIETIES— cont'd 

Reasonableness  of  new  by-laws  as  implied 
condition  of  consent  to  change  of  by- 
laws."    8  L.R.A.{N.S.)    521. 

Right  of  physician  to  complain  of  regula- 
tions of  beneficial  association  or  em- 
ployer as  to  employment  of  physician. 
L.R.A.1916B,   839. 

Requiring  remedies  within  the  order  to  be 
exhausted  as  condition  precedent  to  ac- 
tion on  claim  for  bcnetits.  52  L.R.A. 
(N.S.)   823. 

Validity  of  provision  as  to  conclusiveness 
of  decision  of  tribunals  directly  upon 
claims  for  benefits.  52  L.R.A. (N.S.) 
823. 

§  5.  Dissolution  of. 

Right,  upon  dissolution  of  benefit  associa- 
tion, or  local  branch  thereof,  to  funds 
voluntarily  accumulated  by  the  branch, 
to  be  expended  solely  for  the  benefit  of 
its  members.     15  L.R.A. (N.S.)   336. 

Disposition  of  real  estate  upon  dissolution 
of  a  corporation  created  for  benevolent 
or  social  purposes.  35  L.R.A. (N.S.) 
895. 

Wrongful  expulsion  or  violation  of  property 
rights  of  member  as  ground  for  disso- 
lution of  association.  L.R.A.1918B, 
810. 


BENZIN. 


Keeping  of,   on   insured   premises. 
I917C,  278. 


^•» 


BENZOL. 

Keeping  of,   on   insured   premises. 
1917C,  278. 


L.R.A. 


L.R.A. 


BEQUEST. 


See  Wills,  V. 


BERTH. 

Liability  for  failure  to  supply,     5  L.R.A. 

(N.S.)    1012. 
Constitutionality   of   statute   requiring   un- 
occupied upper  berth  to  be  left  closed. 
L.R.A.1916A.  1139. 


BERTILIiON  SYSTEM. 

Right  to  take  or  retain  in  rogue's  gallery, 
picture  of  one  accused  of  crime.  7 
L.R.A.(N.S.)  274;  23  L.R.A.  (N.S.) 
739;  L.R.A.inifiA,  743. 

Consult  also  L.R.A.  Digests  of  Cases. 


BEST  EVIDENCE, 

See  Evidence,  TV. 


BETROTHED. 


See  Fiancee. 


♦  •» 


BETTERMENTS, 

See  Impbovements. 


■♦*» 


BETTING. 

As  to  wagering  contracts,  see  Conteacts, 

§§  105,  106,  115,  116. 
As    to    avowed   betting    and    wagering,    see 

Gaming. 

Legality  of  wagers;  betting.    18  L.R.A.  859. 
Bettijig  on  streets  as  nuisance.     39  L.R.A.- 

681. 
Oral  betting  as  violation  of  statute  against 

book-making.     25  L.R.A. (N.S.)   479. 
Larceny  by   obtaining  money  by  wager   on' 

fraudulent    race    or    game.      1    L.R.A.. 

(N.S.)    862;   20  L.R.A. (N.S.)    1164. 
Illegal    intent    of    prosecutor    as    afl'octing' 

guilt  of  obtaining  property  bv  means  of 

fake  bet.    17  L.R.A.  (N.S.)  276. 
Injunction   against   enforcement  of   betting 

contract.    48  L.R.A.  844. 


BEVERAGE. 


See  Intoxicattnq  Liquors  ;  Nonintoxioat- 

ING  LiQUOBS. 


BIAS. 


18 


Of    jurors    as    ground    for    new   triaL 
L.R.A.  476. 

As  disqualification  of  grand  juror.  28 
L.R.A.  200. 

Of  expert  witness  to  handwriting.  63 
L.R.A.  943. 

As  aflfecting  conclusiveness  of  testimony  of 
experts.     42  L.R.A.  759. 

Effect  of,  to  disqualify  one  to  serve  as  com- 
missioner or  juror  in  eminent  domain 
proceedings.    47  L.R.A.(N.S.)   161. 


BIBLE. 

Reading  of,   in   public  schools.     16  L.R.A. 

(N.S.)   860;  L.R:A.1915D,  941. 
Reading   of,   as   sectarian    instruction.      14 

L.R.A.  419. 
Entries  in,  as  evidence.     41  L.R.A.  449. 


100 


INDEX  TO  L.R.A.  NOTES. 


BICYCLE  PATH. 


Municipal  liability   for  defects  or  obstruc- 
tions in.     20  L.R.A.(N.S.)    674. 


BICYCLES. 


As  to  motorcycles,  see  Motobotcus. 

Indemnity  for  injury  to,  or  loss  of  bicycle 
as  insurance.    47  L.R.A.(N.S.)  298. 

Bicycle  law.    47  L.R.A.  289. 

Duty  to  make  streets  and  highways  safe 
for  bicycles.     23  L.R.A.(N.S.)   543. 

Liability  of  municipal  corporation  for  fail- 
ing to  prevent  bicycling  in  violation  of 
road  law.     23  L.R.A.  (N.S.)    641. 

Liability  of  municipal  corporation  which 
permits  or  fails  to  prevent  riding  of 
bicycles  on  sidewalk,  for  injury  caused 
thereby.     10   L.R.A.(N.S.)    785. 

Right  of  bicyclist  to  recover  from  munici- 
pality for  injury  by  defect  or  obstruc- 
tion in  street.    20  L.R.A. (N.S.)   756. 

Liability  for  collision  of  automobile  with 
bicyclist.      28    L.R.A.(N.S.)    944. 

Reciprocal  duty  of  driver  of  automobile  and 
child  riding  bicycle  in  street.  L.R.A. 
191 8A,  255. 

Contributory  negligence  of  child  riding  bi- 
cycle across  railroad  track.  L.R.A. 
1917F,  158. 


BIDS. 

At  auction,  see  Auction,  §  7. 

At  judicial  sale,  see  Judicial  Sale,  §  7a. 

Validity  of  contract  to  affect,  see  Con- 
tracts, §  84. 

For  public  contracts,  see  CJontbacts,  §§  159, 
160. 

Accepting  bid  with  knowledge  of  mistake  as 
to  subject-matter.    43  L.R.A.  (N.S.)  654. 


BIGAMY. 

§  1.  Generally. 

Bigamous   marriage,   as   void   or  voidable. 

L.R.A.1916C,   711. 
Conflict  of  laws  as  to.    57  L.R.A.  159. 
Criminal  liability  of  children  for.    36  L.R.A. 

202. 
Former  jeopardy  In  case  of.    L.R.A.1915A, 

256. 
Belief  in  termination  of  former  marriage 
as  a  defense  to  a  prosecution  for 
bigamy.      27    L.R.A. (N.S.)     1097; 
34L.R.A.(N.S.)  613. 

§  2.  Evidence  and  witnesses  on  prose- 
cution  for. 

Necessity  of  proof  of  marriage.  68  L.R.A. 
42,  49. 

Presumptions  flowing  from  marriage  cere- 
mony. 34  L.R.A.(N.S.)  940;  L.R.A. 
1915E,  186, 


BIGAMY— cont'd 

Presumption  as  to  validity  of  former  mar- 
riage, in  prosecution  for  bigamy.  9 
L.R.A.  (N.S.)    1036. 

Judgment  in  civil  action  as  proof  of  former 
marriage  on  trial  for  bigamy.  26 
L.R.A.(N.S.)    404. 

Husband  or  wife  as  witness  against  the 
otlier  in  prosecution  for.  2  L.R.A. 
(N.S.)   862. 

♦-*-• . 


BILL. 

See  Statutes,  §§  3-7. 


BILLBOARD. 


In  highway,  see  Highways,  §  19a. 

Billboard  as  violative  of  restrictive  covenant 
as  to  use  of  premises,  or  structures 
permissible  thereon.     2   B.   R.   C.   434. 

Relief  from  license  for  maintenance  of.  49 
L.R.A.  526. 

Regulation  of,  based  merely  on  esthetic  con- 
siderations.    L.R.A.1917A,  1222. 

Municipal  liability  for  injury  by.  20  L.RA. 
(N.S.)    646;   51  L.R.A. (N.S.)    1077. 


BILLHEAD. 


Matter  in  billhead  as  part  of  contract  or 
as  notice  affecting  the  rights  of  the 
parties.     L.R.A.1916D,    1072. 


BILLIARDS. 


As 


proper    subject    for    exercise    of   police 

power.     L.R.A.1917E,  318. 
Power   of   municipality  to   declare  billiard 

hall  a  nuisance.     31  L.R.A. (N.S.)   548. 
Billiard  room  as  a  place  of  amusement  witli- 

in  civil  rights  acts.     19  L.R.A.(N.S.) 

907. 


BILLS. 


See  Statutes. 


BILLS  AND  NOTES. 


Begin  %vith  this  hook  on  ev&ry  law  question. 


I,  Jn    general;    nature,     requisites, 
and  validity,   §§   1-23. 
a.  In  general,  §§  1-9. 
t.  Validity      generally;      char- 
acter   of    parties;    forgery f 
delivery,  §§  10-17. 
o.  Consideration,  §   IS. 
d.  Negotiability,  §§  19-23. 
Acceptance,    §§   24:,  25. 


II 


INDEX  TO  L.R.A.  NOTES. 


101 


BILLS  AND  NOTES— cont'd 

III.  Indorsetnent  and   transfers  gen- 

erally, §§  26-34:. 

IV.  Rights    of    transf&ree,   §§  35-4:2. 

a.  Extent  of  rights  and  protec- 
tion   generally,   §§  35-3Sa. 
h.  Who  protected   as   bona  fide 
purchnsers,  §§  39-42. 
V.  Presentment;     demand;     notice; 
protest,  §§  43-53. 
I    VI.  Maturity ;      extension;      renewal, 
§§  54.57a. 
VII.  Payment ;    discharge,  §§  5S-60. 
VIII.  Actions  and  defenses,  §§  61-72. 
IX.  Recovery  back  ofpaym,ents,  §  73. 
X.  Accommodation  paper,  §§  74-77. 

I,  In  general;   nature,   requisites,   and 
validity. 

a.  In  general, 

§   1.  Generally. 

Alteration  of,  see  Altebation  of  Instbti- 

MENTS. 

Matters  peculiar  to  banking,  see  Banks, 
§§  9-37a. 

Duty  and  liability  of  bank  with  respect 
to  checks,  see  Banks,  §§  9-37a. 

Riglits  and  liability  of  persons,  other  than 
banks,  on  checks,  see  Checks. 

Collection  of,  by  banks,  see  Banks,  §§  31- 
35. 

Blank  in,  see  Blanks,  §  2. 

Conditions  in,  see  Conditions,  §  2. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  5. 

For  matters  common  to  contracts  gener- 
ally, see  Contracts. 

Date  of,  see  Date,  §  2. 

Estoppel  as  to,  by  conduct,  see  Estoppel, 
§  15. 

Estopnel  as  to,  by  receiving  benefits,  see 
EsTOPPix,  §  33. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §§  95-98. 

Parol  evidence  as  to,  see  Evidence,  §§  169- 
174. 

Effect  of  fraud  as  to,  see  Fraud  and  Deceit, 
§§  23,  24. 

Gift  by,  see  Gift,  §  3. 

Injunction  against  negotiation  of,  see  In- 
junction, §  11. 

Effect  of  insolvency  of  party  to,  see  In- 
solvency, §  15. 

Premium  notes,  see  Insukance,  §  111. 

Intent  of  parties  to,  see  Intent,  §  9. 

Interest  on,  see  Interest. 

Loss  of  lien  by  giving,  see  Liens,  §  20. 

Lost  bills  and  notes,  see  Lost  Instruments, 
§  2. 

Mortgage  to  secure  note,  see  Mortgage. 

Stolen  paper,  see  Stolen  Property,  §  2. 

Priority  between  notes  falling  due  at  dif- 
ferent times  secured  by  same  mortgage, 
see  Mortgage,  §  39. 

Matters  as  to,  generally  after  dissolution 
of  partnership,  see  Partnership,  §  39. 

For  patent  right,  see  Patents,  §  4. 

Payment  by,  see  Payment,  §  11. 

Collateral  security  for,  see  Pledge  and  Col- 
lateral Security.     • 

Consult  also  L.R.A.  Digests  of  Cases. 


BILLS  AND  NWTES,  I.  a— cont'd 

Agent's    authority    as    to,    see    Principal 

and  Agent,  §§  16-18. 
Effect    of    seal    on    commercial    paper,    see 

Seal,  §  2. 
Situs    for   taxation    of    debts   evidenced   by 

notes,  see  Taxes,  §  47. 
Usury  on,  see  Usury. 

Situs  of,  for  purposes  of  administration. 
24   L.R.A.   689. 

Garnishment  of  debt  evidenced  by  negotiable 
paper.     L.R.A.1918C,  731. 

Holders  of  instalment  notes  as  parties  to 
proceedings  to  enforce  mortgage  for 
part  of  debt.    37  L.R.A.  742. 

Necessity  for  returning  worthless  notes  be- 
fore bringing  replevin  for  property  ob- 
tained by  fraudulent  purchase.  21 
L.R.A.  207. 

Bequest  of  notes  as  general  or  specific.  11 
L.R.A.(N.S.)    49. 

Right  to  preference  for  money  paid  to 
insolvent  bank  for  draft.  10  L.R.A. 
(N.S.)    928;   39  L.R.A.(N.S.)    563. 

Valuation  of  commercial  paper  for  pur- 
poses of  graduating  offense  of  larceny. 
23  L.R.A. (N.S.)   1063. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  issue  of  negotiable  paper  by 
municipality.     36  L.R.A. (N.S.)   3. 

Right  to  follow  commercial  paper  as  a 
trust.     34  L.R.A.  536. 

General  commercial  principles  as  opposed 
to  local  law  with  respect  to  bills  and 
notes.    61  L.R.A.  193. 

Duty  of  one  taking  note  to  communicate 
the  fact  of  principal's  insolvency  to  one 
assuming  the  obligation  of  surety. 
14  L.R.A. (N.S.)    377. 

How  far  wife  bound  by  note  given  for 
family  expenses.     3   L.R.A. (N.S.)    345. 

Effect  of  war  between  countries  of  parties 
to  note  on  their  rights.  L.R.A. 1917C, 
671. 

Effect  and  construction  of  marginal  nota- 
tions upon  a  bill  or  note  relating  to  the 
time  of  payment.    L.R.A.1918C,  347. 

Rights  and  duty  of  one  who  receives  a  check 
or  note  payable  to  his  own  order  from 
the  hands  of  one  not  a  party  thereto. 
31  L.R.A.  (N.S.)  613. 

Negotiation  of  notes  of  members  of  mu- 
tual fire  insurance  companies.  32 
L.R.A.  485. 

Estoppel  to  deny  execution  of  note  in  state 
where  it  is  dated  and  payable.  2 
L.R.A.(N.S.)    299. 

Liability  for  permitting  undelivered  note 
to  get  into  circulation.  3  L.R.A. (N.S.) 
212. 

Liability  of  bank  for  taking  draft  in  pay- 
ment of  paper  held  for  collection.  3 
L.R.A.(N.S.)  1179. 

Federal  courts  following  state  decisions  as 
to.     40  L.R.A. (N.S.)    404. 

Obtaining  check,  draft  or  bill  of  exchange 
by  false  pretenses.     L.R.A.1916E,  1106. 

Competency  to  testify  to  possession  of  note 
at  one  time  in  possession  of  the  de- 
cedent, where  witness  would  be  incom- 
petent to  testify  directly  to  a  trans- 


102 


INDEX  TO  L.R.A.  NOTES. 


BILLS  AND  NOTES,  I.  a— cont'd 

action  by  which  it  is  claimed  decedent 
parted  with  his  possession.  45  L.R.A. 
(N.S.)     583. 

Instrument  naming  in  alternative  two  or 
more  payees.  50  L.R.A.(N.S.) 
1097. 

Ownership  of  paper  payable  to  director  or 
oliicers  of  a  corporation.  50  L.R.A. 
(N.S.)    1115. 

§  9.  What  are. 

Effect  of  words  in  obligation  for  payment 
of  money  indicating  that  it  was  intend- 
ed as  a  bequest.     L.R.A.1917C,  1011. 

'§  8.  Nature;  form. 

Nature  of  bank  draft.     23  L.R.A.  173. 
Nature  of  drafts  by  one  bank  on  another. 

23  L.R.A.  173. 
Kinds  of  notes  of  members  of  mutual  Are 

insurance   companies.      32    L.R.A.   483. 
As   subjects  of  book   acccount.     52   L.R.A. 

712. 
Proof   of,    as    fixed    liability    under    bank- 

•ruptcy  act.     64  L.R.A.  373. 
Effect  of  marginal  letters  or  figures  in  bill 

or  note  otherwise  blank  as  to  amount. 

2  L.R.A.(N.S.)   879. 
Memorandum  on  back  of,  at  time  of  execu- 
tion   as   substantive  part  thereof.     15 

L.R.A,  (N.S.)    612. 
When  may  a  note  or  indorsement  thereon, 

executed  with  the  formalities  of  a  will, 

but  not  couched  in  formal  testamentary 

phraseology,  be  given  effect  as  a  will? 

41  L.R.A.(N.S.)   43. 
Effect  of   note   made  payable   to   order   of 

maker  and  another.    L.R.A.1916D,  763. 

§  4.  As  subject  of  levy. 

Liability  of  promissory  note  to  levy  and 
seizure  under  attachment  or  execution. 
14  L.R.A.(N.S.)   1235. 

§  5.  Effect  of  giving  or  accepting. 

What  law  governs  as  to  collateral  effect  of 
instrument.     61   L.R.A.  199. 

Effect  of  debtor's  note  as  accord  and  satis- 
faction.    20  L.R.A.  791. 

Effect  of  debtor's  note  for  part  of  a  liqui- 
dated and  undisputed  debt  as  consid- 
eration for  the  discharge  of  the  whole. 
L.R.A.1917A,  722. 

Bank  draft  as  an  assignment  of  funds 
drawn  upon  bank.    2  L.R.A.(N.S.)   83. 

Giving  note  as  loss  or  damage  within  con- 
tract of  indemnity.  9  L.R.A.(N.S.) 
478;  20  L.R.A.(N.S.)  956;  48  L.R.A. 
(N.S.)    195. 

Effect  of  executing  promissory  note  for 
services  of  relative  or  member  of  house- 
•  hold  already  performed.  11  L.R.A. 
(N.S.)    910. 

Effect  of  notes  of  members  of  mutual  fire 
insurance   companies.     32   L.R.A.   483. 

Relief  from  mistake  of  law  as  to  effect  of 
28  L.R.A.(N.S.)   830. 

Effect  of  extrinsic  promise  to  sign  a  note 
or  bill.    33  L.R.A.(N.S.)  175. 

§  6.  —by  partnership  or  member 
thereof. 

See  Partnership.  §§  9,  12,  32,  39,  4,5. 


Begin  with  this  book  on  every  law  question 


BILLS  AND  NOTES,  I.  a— cont'd 
§  7.  Effect  of  attaching  draft  to  bill  of 
lading. 

Effect  of  drawing  draft  against  bill  of  lad- 
ing, upon  passing  of  title  to  property. 
22  L.R.A.  423;  2  L.R.A.  (N.S.)    1078. 

Right  or  power  of  bank  to  purchase  draft 
with  bill  of  lading  attached.  L.R.A. 
1918D,  706. 

Rights  and  liabilities  of  assignee  of  bill 
of  lading  with  draft  attached  as  ajzainst 
assignee  who  does  not  get  the  goods  or 
finds  them  defective.  49  L.R.A.  679; 
1  L.R.A.(N.S.)  242;  18  L.R.A. (N.S.) 
1221;  32  L.R.A.(N.S.)  1173;  52  L.R.A. 
(N.S.)    241. 

Criminal  liability  of  collector  of  draft  at- 
tached to  bill  of  lading  for  liquor.  46 
L.R.A.(N.S.)    1139. 

Right  of  discounter  of  draft  as  to  property 
covered  by  a  bill  of  lading  attached 
to  draft.     49  L.R.A.(N.S.)   644. 

§  8.  Signature  to. 

Use  of  initials  in  signing  or  indorsing  com- 
mercial  paper.     14  L.R.A.  693. 

Signing  by  proxy.     22  L.R.A.  297. 

Signing  by  mark.    22  L.R,A,  372, 

Signing  as  surety  for  surety.  21  L.R.A. 
247. 

§  9.  —  duty  to  know,  and  guaranty  of. 

In  case  of  indorsement  or  transfer,  see  infra, 
§§  31,  32. 

Drawee's  duty  to  know  signature  of  drawer. 

27   L.R.A.   635. 
Guaranty    by    surety    of    other    signatures. 

49  L.R.A.  315. 

b.  Validity  generally}  chara^ster  •/  par- 
ties;  forgery;  delivery. 

§  iO.  Generally. 

Validity  of  note  based  on  compromise  of 
illegal  contract.    9  L.R.A.(N,S,)  568, 

Note  given  as  a  forfeit  or  as  collateral  to 
an  invalid  oral  agreement  within  stat- 
ute of  frauds.    18  L.R.A.  142. 

Validity  of  stipulation  for  attorney's  fee. 
L.R.A.1915B,  928. 

Validity  of  provision  that  money  shall  be 
paid  to  obligee  only  and  not  to  his 
estate.    17  L.R.A.(N.S.)  1239. 

Note  procured  by  threats  of  prosecution  of 
relative,  20  L.R.A.(N.S.)  484;  L.R.A. 
1915D,  1118. 

Execution  of,  on  Sunday.     14  L.R.A.  19.3. 

Validity  of  note  partly  made  on  Sunday 
and  perfected  on  secular  day.  4  L.R.A. 
(N.S.)   1151. 

Notes  given  for  patent  rights.  20  L,R,A. 
605, 

Renewal  of  note  by  insane  person.  34 
L.R.A.  274. 

Liability  of  one  whose  signature  to  com- 
mercial paper  is  secured  by  trick  or 
fraud.     1  L.R.A.(N.S,)    1075, 

Implied  or  apparent  authority  of  agent  to 
take  note  payable  to  himself,  28  L.R.A, 
(N.S.)    341. 


INDEX  TO  L.R.A.  NOTES. 


103 


BILLS  AND  NOTES,  I.  b— cont'd 

Validity  of  note  issued  in  payment  of  cor- 
porate stock  under  a  provision  against 
issuing  stock  except  for  money,  labor 
done,  or  money  or  property  actually 
received.      52    L.R.A.  (N.S.)    454. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void  in 
law.    4  B.  R.  C.  663. 

Validity  of  mortgage  given  to  secure  im- 
perfectly executed  note.  44  L.R.A. 
(N.S.)    1153. 

Intoxication  as  defense  to  bill  or  note  in 
hands  of  bona  fide  holder.  46  L.R.A. 
(N.S.)   212. 

•^   11.  Authority   to  execute. 

Authority  to  indorse,  see  infra,  §  27. 
Powers  of  corporation  as  to,  see  Cobpoba- 

TIONS,  §  30. 
Rights  and  powers  of  corporate  oflBcers  as 

to,  see  Corporations,  §  45. 
Powers   of   guardian   as   to,   see   Guardian 

AND  Ward,  §  6. 
Powers    of    partners    as    to,    see    Pabtne3- 

SHiP,  §§9,  32,  39,  45. 
Authority    of    agent,    see    Pbincipal    and 

Agent,  §  17. 

Power  of  building  association  to  issue  ne- 
gotiable paper.     43  L.R.A.  419. 

§12.  Who  liable. 

Liability   of   corporate  oflBcer  on,   see  COB- 

poratioxs,  §  55. 
Liability  of  partnership  or  its  members  on, 

see  Partnership,  §  12. 
Liability   of  principal,  see  Principal  and 

Agent,  §§  16-18. 
Liability    of    agent,    see    Principal    and 

Agent,  §  41. 

Liability    of    public   officers    on    negotiable 

paper.     15  L.R.A.  512;  43  L.R.A.(N.S.) 

565. 
Admissibility  of  extrinsic  evidence  to  show 

who  is  liable  as  maker  of  a  note.     20 

L.R.A.  705. 

■§  13.  Use  of  fictitious  names. 
Payment  of  check  made  payable  to  fictitious 
person,  see  Banks,  §  25. 

Fictitious   names   as   affecting   validity   of. 

39  L.R.A.  425. 
"When  negotiable  instrument  is  deemed  pay- 
able  to   order   of   fictitious  person 
within  rule  regarding  such  an  in- 
strument as  payable  to  bearer.    22 
L.R.A.  (N.S.)   499;   3  B.  R.  C.  761. 
By  whom  action   to  be  brought  on  instru- 
ment  to    fictitious    payee.      64    L.R.A. 
605. 
Forgery  of  instruments  executed   in  name 
of  fictitious  person.     24  L.R.A.  45. 

■§   14.  Note  payable  to  Impostor. 

Use  of  fictitious  name,  see  supra,  §   13. 
Payment  of  check  to  impostor,  see  Banks, 
§  25. 

Who  must  bear  loss  when  check  or  bill  is 
issued  to  impostor.  50  L.R.A.  75;  17 
L.R.A.(N.S.)      514;     38     L.R.A.(N.S.) 

ini. 

<:!onsult  also  L.R.A.  Digests  of  Cases. 


BILLS  AND  NOTES,  I.  b— cont'd 
Who  must  bear  loss  where  check  or  draft 
is  purchased  or  paid  upon  the  spurious 
indorsement  of  one  who  bears  the  same 
name  as  the  payee  or  indorsee.  34 
L.R.A.(N.S.)    1101. 

§  15.  Character   of  parties. 

Conflict  of  laws  as  to  character  of  parties. 
19  L.R.A. (N.S.)   668. 

Character  under  uniform  negotiable  instru- 
ments law,  of  one  who  places  his  name 
on  the  back  of  a  note  prior  to,  or  at 
the  time  of,  delivery.  14  L.R.A.(N.S.) 
842. 

Effect  of  negotiable  instruments  law  on 
personal  liability  of  one  who  signs  con- 
tract by  adding  words  indicating  repre- 
sentative capacity  to  his  signature.  42 
L.R.A.(N.S.)   9. 

Personal  liability  of  one  signing  note  by 
adding  words  indicating  representative 
capacity  to  his  signature.  42  L.R.A. 
(N.S.)   1. 

Admissibility  of  parol  evidence  to  vary  lia- 
bility of  irregular  party  to  bill  or  note 
from  that  declared  by  the  negotiable 
instruments  act.     19  L.RA.(N.S.)   136. 

Acknowledgment  by  payee,  in  indorsement, 
of  liability  as  maker.  7  L.R.A,(N.S.) 
400. 

Power  of  bank  officer  to  bind  bank  by  agree- 
ment varying  the  liability  of  parties 
to  commercial  paper  from  that  im- 
ported on  its  face,  28  L.R.A.(N.S.) 
511. 

Power  of  bank  officer  to  bind  bank  by  agree- 
ment that  liability  of  party  to  commer- 
cial paper  shall  not  be  enforced.  28 
L.R.A.(N.S.)    501. 

§   16.  Forgery. 

Alteration  of,  see  Alteration  of  Instbtj- 

MENTS. 

Liability  of  bank  for  paying  forged  check, 

see  Banks,  §  24. 
Of  check,  see  Checks,  §  12. 
Forgery  of  as  a  crime,  see  Fobgeby. 

Forgery  by  obtaining  signature  through 
trick  or  fraud.     1  L.R.A. (N.S.)    1075. 

Liability  of  maker  or  drawer  on  raised 
negotiable  paper.     22  L.R.A.  686. 

Duty  of  indorser,  maker,  or  surety  to  see 
that  spaces  on  commercial  paper  are 
filled  so  as  to  prevent  raising.  21 
L.R.A.(N.S.>   402. 

Ratification  of  forgery;  estoppel  to  assert. 
12  L.R.A.   140;*  36  L.R.A.  539. 

Ratification  of  forged  instrument.  36 
L.R.A.(N.S.)   1006.  ! 

Liability  of  person  whose  signature  is 
forged  on  commercial  paper.  36 
L.R.A.  539. 

Forgery  of  renewal  obligation  as  affecting 
original  agreement.     33  L.R.A.  628. 

Liability  upon  paper  given  in  renewal  of 
forged  paper.     23  L.R.A. (N.S.)    1234.  I 

Forgery  of  part  of  signatures  of  makers  or, 
sureties  as  defense  against  bona  fide 
holder  by  makers  whose  signaturesi 
were  genuine.     13  L.R.A.  (N.S.)    426.     ' 


104 


INDEX  TO  L.R.A.  NOTES. 


BILLS  AND  NOTES,  I.  b— cont'd  ] 

Kight  of  drawee  of  forged  paper  to  recover 
money  paid  thereon.  10  L.R.A.(N.S.) 
49;  25  L.R.A.(N.S.)  1308;  29  L.R.A. 
(N.S.)   100. 

Delay  in  giving  notice  of  forgery  as  estoppel 
of  true  owner  to  rjecover  against  party 
who  has  paid  paper  on  a  forged  indorse- 
ment.    40  L.R.A.(N.S.)    653. 

Right  of  drawer  of  forged  check  or  draft 
to  recover  money  paid  thereon.  L.R.A. 
1915A,  77. 

Duty  of  government  official  to  know  signa- 
T.ure  of  drawer  of  draft.  L.R.A.1915D, 
797. 

§17.  Delivery. 

Conditional  delivery.     43  L.R.A.  480. 

Admissibility  of  parol  evidence  to  show  de- 
livery upon  condition.  18  L.R.A. (N.S.) 
288;  L.R.A.19170,  306. 

Agreement  for  otlier  signatures  before  de- 
livery.   45  L.R.A.  343. 

Right  to  recover  on  a  bill  or  note  stolen 
before  delivery.     L.R.A.1915E,  351. 

c.  Consideration, 

§  18.  Generally. 

Consideration  for  agreement  extending  time 

of  payment,  see  infra,  §  57a. 
Failure  of  consideration  as  a  defense,  see 

infra,  §  66. 
For  matters  common  to  contracts  generally, 

see  Contracts,  II.  c. 

Gift  of   promissory  note.     26  L.R.A.  305; 

L.R.A.1918C,  340. 
Gift  of  check.    18  L.R.A.  855;  L.R.A.1918C, 

340. 
For  notes  of  members  of  mutual  fire  insur- 
ance  companies.     32   L.R.A.  484. 
Reference   to   consideration    for   draft  as 

making     acceptance     conditional.       38 

L.R.A.  (N.S.)    747. 
Enforceability  of  a  note  given  in  payment 

of  a  worthless  pre-existing  obligation  of 

another.     L.R.A.1917C,  842. 
Consideration  for  note  given  to  make  good 

depletion  of  capital  or  assets  of  bank. 

L.R.A.1917B,  688. 
Consideration   for   note  given   by  attorney 

or  agent  to  cover  loss  on  transactions 

conducted  by  him  for  principal.   L.R.A. 

1917B,  696. 
Love  and  aflfection  as  consideration  for  note 

to  pay  existing  debt  of  another.    L.R.A. 

19] 8C,  543. 
Liability  upon   paper  given   in  renewal   of 

forged  paper.     23  L.R.A.(N.S.)    1234. 
Consideration  for  note,   payment  of  which 

depends    on    termination    of    life.      27 

L.R.A.(N.S.)    1019. 
Cancelation  of  invalid  contract  as  consider- 
ation.   5  L,R.A.(N.S.)  725. 
Right  of  bona  fide  holder  to  enforce  note 

which  does  not  indicate  nature  of  its 

consideration    as    required    by    statute. 

10  L.R.A.(N.S.)  82. 
Effect  of  knowledge  of  consideration  to  put 

purchaser  of  negotiable  instrument  on 

inquiry.      L.R.A.1918F,    1152. 


BILLS  AND  NOTES,  L  c— cont'd 

Effect  of  knowledge  of  consideration  by  pur- 
chaser of  note  which  did  not  indicate 
the  nature  of  its  consideration  as  re- 
quired by  statute.  24  L.R.A.(N.S.) 
1057. 

Right  to  recover  on  obligation  given  for  a 
consideration  which  is  unlawful  under  , 
the  law  of  tiie  place  wliere  tiie  obliga- 
tion is  payable,  but  good  under  the  law 
of  the  place  where  it  was  executed.  4 
B.  R.  C.  374. 

Necessity  of  new  consideration  to  bind  third 
person  who  signs  as  surety,  indorser, 
or  guarantor  after  execution  and  de- 
liverv  of  original  hote  by  principal.  44 
L.R.A.(N.S.)   481;   L.R.A.1918E,  579. 

Right  of  maker  or  indorser  of  bill  or  note 
for  illegal  consideration  to  affirmative 
relief.     L.R.A.1918D,  941. 

d.  Negotiability. 

§  19.  Generally. 

Of  check,  see  Checks,  §  4. 
Effect    of    mortgage    on    negotiability,    see 
MOBTGAGE,   §  26. 

Alteration  of  note  by  adding  or  changing 
words  affecting  negotiability.  L.R.A. 
1915A,  173. 

What  law  governs  as  to.  61  L.R.A.  205; 
19  L.R.A.(N.S.)   667. 

Effect  of  negotiable  character  of  note  se- 
cured by  junior  mortgage  on  necessity 
of  making  assignee  of  such  mortgage 
a  party  to  a  suit  for  foreclosure  of 
senior  mortgage.     36  L.R.A. (N.S.)  434. 

As  affected  by  transfer  after  maturity.  46 
L.R.A.  753. 

Reference  to  extrinsic  agreement  as  affect- 
ing. 30L.R.A.(N.S.)  40;  L.R.A.1918B, 
639. 

Reservation  of  title  of  property  as  affecting 
negotiability  of  note  for  purchase 
price.  43  L.R.A.  277;  43  L.R.A. 
(N.S.)  945. 

Effect  of  blank  indorsement  to  impart  ne- 
gotiability to  non-negotiable  instru- 
ment.    26  L.R.A. (N.S.)   804. 

Effect  of  seal.    35  L.R.A.  605. 

Provision  for  renewal  as  affecting.  31 
L.R.A.  234. 

Effect  on  negotiability  of  promissory  note 
of  provision  permitting  extension  of 
time.     49   L.R.A. (N.S.)    132. 

Bill  or  note  payable  to  the  order  of  person 
named,   "only."     L.R.A.1918D,   226. 

§2  0.  What  instrnments  are  negotiable. 

Check.     26  L.R.A.  568. 

Certificate  of  deposit.     L.R.A.1918C,  691. 

Note  payable  in  foreign  money.  20  L.R,A. 
481. 

Note  secured  by  mortgage  as  affected  by  pro- 
visions in  mortgage.    35  L.R.A.  53G. 

Note  payable  to  trustee.  35  L.R.A.  678; 
l.L.R.A.(N.S.)   188. 

Note  payable  out  of  particular  fund.  35- 
L.R.A.   647;    8  L.R.A.(N.S.)    231. 

Postoffice  money  orders.  36  L.R.A. (N.S.) 
143. 

Instrument   naming   in   alternative  two   or 


Begin  with  this  hook  on  every  law  question. 


more  payees.     50  L.R.A.(N.S.)   1097. 


INDEX  TO  L.R.A.  NOTES. 


106 


■BILLS  AND  NOTES,  I.  d— coiifd 

Efl'ect  of  marginal  notations  upon  a  bill  or 
note  relating  to  the  time  of  payment. 
L.R.A.1918C,  347. 

§   21.  Certainty  as  to  time.  I 

As  affected  by  uncertainty  of  time  of  ma- 
turity.    1  L.R.A.{N.S.)    1120. 

As  affected  by  provision  permitting  exten- 
sion of  time.  16  L.R.A.(N.S.)  878;  33 
L.R.A.(N.S.)  738;  49  L.R.A.(N.S.)   132. 

Provision  accelerating  maturity  as  affecting 
negotiability.  35  L.R.A.(N.S.) 
390;    L.R.A'.1915B,  472. 

Negotiability  of  note  payment  of  which  de- 
pends on  termination  of  life.  27 
L.R.A.{N.S.)    1017. 

§  22.  Certainty  as  to  amount. 

Provision  for  exchange  as  affecting.  27 
.     L.R.A.  222. 

Payments  indorsed  on  note  as  affecting. 
38  L.R.A.  823. 

Provisions  for  attorneys'  fees  as  affecting 
negotiability.      L.R.A.1916B,    675. 

Effect  of  stipulation  for  attorneys'  fees  in 
mortgage  upon  negotiability  of  note  se- 
cured  thereby.      26   L.R.A.(N.S.)    217. 

Negotiability  as  affected  by  provision  for 
discount  in  event  of  payment  before 
maturity.  40  L.R.A.(N.S.)  177;  L.R.A. 
1915E,  564. 

Negotiability  of  note  providing  for  interest 
after  maturity.   L.R.A.1915B,  1216. 

§  23.  Effect  of  recital  as  to  security. 

Where  note  considered  separate  from  instru- 
ment of  security.    32  L.R.A.(N.S.)   858. 

Where  transferred  with  security  which  con- 
tains no  provisions  affecting  negotia- 
bility.    32  L.R.A.(N.S.)    861. 

Where  note  and  security  are  transferred 
together,  and  the  security  contains 
non-negotiable  provisions.  32  L.R.A. 
(N.S.)    862. 

Where  provision  in  mortgage  relates  to  se- 
curity, and  not  to  the  note.  32  L.R.A. 
(N.S.)    865. 

Where  note  contains  on  its  face  provision 
for  security.     32  L.R.A. (N.S.)    866. 

II.  Acceptance. 
%   24.  Generally. 

What  law  governs  as  to  mode  of  accept- 
ance.    61  L.R.A.  196. 

What  law  governs  as  to  liability  of,  and 
defenses  available  to.  acceptor.  61 
L.R.A.  206;   19  L.R.A.(N.S.)   670. 

Reference  to  consideration  for  draft  as  mak- 
ing acceptance  conditional.  38  L.R.A. 
(N.S.)  747. 

Detention  of  bill  of  exchange  or  check  by 
drawee  as  acceptance  thereof.  17 
L.R.A.(N.S.)    1266. 

Liability  of  principal  on  acceptance  by 
agent  as  such.     21  L.R.A.(N.S.)    1076. 

Personal  liability  of  one  who  signs  note  as 
acceptor  by  adding  words  indicating 
representative  capacity  to  his  signature. 
42  L.R.A. (N.S.)   28,  33,  44. 

Eight  of  accommodation  acceptor  who  has 
been  obliged  to  pay  bill  or  note  to  re- 
cover from  accommodated  party.  37 
L.R.A.(N.S.)    785. 

Consult  also  L.R.A.  Digests  of  Cases, 


BILLS  AND  NOTES,  II.— cont'd 
Duty   of  drawee  of   bill   or   check  to  know 
signature  of  drawer.  10  L.R.A.  (N.S.)  69. 

§  25.  Promise  to  accept. 

Validity  of  parol  promise  to  accept  an  or- 
der or  bill  of  exchange.    26  L.R.A.  620. 

Liability  of  bank  on  claimed  contract  of 
acceptance  external  to  check.  8  L.R.A. 
(N.S.)    1148;   L.R.A.1918F,   172. 

III.  Indorsement    and    transfers    gen- 
erally. 

§   2  6.  Generally. 

Rights  of  one  to  whom  paper  is  transferred 
without  indorsement,  see  infra,  §  37. 

Of  check,  see  Checks,  §  6. 

Presumption  and  burden  of  proof  as  to, 
see  Evidence,  §  97. 

Parol  evidence  as  to  purpose  of,  see  Evi- 
dence, §§  170,  171. 

Sale  of  pledged  paper,  see  Pledge  and  Col- 
lateral Security,   §   13. 

Purchase  of  paper  at  discount  as  usury,  see 
Usury,  §  8a. 

Bequest  of  notes,  see  Wills,  §  128. 

Right  of  infant  to  disaffirm  transfer  of  note 
by  indorsement.     L.R.A.1917B,  1174. 

Injunction  against  negotiation  of  note. 
28   L.R.A.   577. 

Addition  of  indorser  to  negotiable  instru- 
ment after  its  execution  and  delivery 
as  a  material  alteration.  L.R.A.1918F, 
705. 

Effect  on  liability  of  indorser  of  adding  of 
another  party  to  instrument  after  its 
execution  and  delivery.  L.R.A.1918F, 
704. 

Effect  of  sale  of  note  with  particular  de- 
scription.    35   L.R.A.(N.S.)    278. 

Validity  and  effect  of  sale  of,  or  agreement 
to  sell,  commercial  paper  to  one  pri- 
marily liable  thereon.  35  L.R.A. (N.S.) 
820. 

Liability  of  one  who  signs  note  as  indors- 
er adding  words  indicating  representa- 
tive capacity  to  his  signature.  42 
L.R.A.(N.S.)    25,   28,   32. 

Right  of  indorser  to  offset  obligation  as 
against  assignee  of  debt  due  from  him 
to  the  principal.     46  L.R.A. (N.S.)    62. 

Reservation  of  rights  against  parties  sec- 
ondarily liable  on  a  bill  or  note  upon 
granting  extension  of  time  to  party  pri- 
marily liable  as  preventing  discharge  of 
former.     46   L.R.A. (N.S.)    92. 

Are  conveyances  by  indorsers  within  statute 
as  to  fraudulent  conveyances.  47  L.R.A. 
(N.S.)    321. 

Indorsement  by  one  of  two  joint  payees  or 
indorsees  of  a  bill  or  note.  18  L.R.A. 
(N.S.)    630. 

Liability  of  indorser  who,  after  receiving  re- 
indorsement,  transfers  the  note  for 
value  without  canceling  his  indorse- 
ment.    10  L.R.A.(N.S.)    260. 

Acknowledgment  by  payee  in  indorsement 
of  liability  as  maker.  7  L.R.A.  (N.S.)  400. 

Effect  of  transfer  of  negotiable  instrument 
to  secure  money  for  gambling  purposes. 
22  L.R.A.(N.S.)    627. 


106 


INDEX  TO  L.R.A.  NOTES. 


BILLS  AND  NOTES,  III.— cont'd 

Liability  of  bank  as  accommodation  indorB-- 
or.     23  L.R.A.  83G. 

Necessity  of  new  consideration  to  bind  third 
person  who  signs  as  indorser  after 
execution  and  delivery  of  original  note 
by  principal.  44  L.R.A.(N.S.)  481; 
L.R.A.1918E,  579. 

Individual  partner  who  indorses  note  made 
by  firm  as  "a  person  not  otlierwise  a 
party"  to  the  instrument  within  uni- 
form negotiable  instrument  law.  52 
L.R.A.(N.S.)   225. 

§   29.  — irregular  indorsement. 

What  law  governs  as  to  character  and  lia- 
bility of  irregular  indorser.  61  L.R.A. 
200;    19   L.R.A.(N.S.)    668. 

Liability  of  a  stranger  who  indorses  com- 
mercial paper  before  delivery.  18 
L.R.A.  33. 

Indorsement  by  signing  on  face  of  instru- 
ment.    L.R.A.1918D,  966. 

Taking  note  from  maker  or  payee  as  con- 
structive notice  of  accommodation  char- 
acter of  irregular  indorsement  and 
lack  of  authority  for  such  indorsement. 
2  L.R.A,(N.S.)    525. 

Character  under  uniform  negotiable  instru- 
ment law  of  one  who  places  name  on 
back  of  note  prior  to  or  at  time  of 
delivery.  14  L.R.A.(N.S.)  842;  L.R.A. 
1916D,  223. 

§  30.  Assignor  as  indorser. 

Assignment    merely  •  an    indorsement.      35 

L.R.A.    117. 
Assignor  not  an  indorser.     36  L.R.A.  118. 
Assignment  on  separate  paper.  36  L.R.A.  118. 
Assignment     with     guaranty     of     payment. 

36  L.R.A.  119. 
Without  recourse.     36  L.R.A.  119. 
Special  statutes.     36  L.R.A.  119. 

§  31.  Guaranty   generally. 

Guaranty  of  signature  generally,  see  supra, 
§  9. 

Addition  of  guarantor  to  negotiable  instru- 
ment after  its  execution  and  delivery  as 
a  material  alteration.    L.R.A.1918F,  705. 

Assignment  with  guaranty  of  payment.  3ft 
L.R.A.  119. 

Transfer  of  title  to  note  by  indorsement  in 
form  of  guaranty.  36  L.R.A.  232; 
'  41  L.R.A.(N.S.)  1009;  L.R.A. 
1915C,  661. 

Rights  as  against  principal  debtor  of  one 
who  becomes  guarantor  without  his 
knowledge  or  consent.   L.R.A.1918F,  709. 

Necessity  of  new  consideration  to  bind  third 
person  who  signs  as  guarantor  after 
execution  and  delivery  of  original  note 
by  principal.  44  L.R.A.  (N.S.)  481;, 
L.R.A.1918E,  579. 

Implied  warranty  by  one  passing  worthles» 
paper  of  third  person  without  indorse- 
ment.    10  L.R.A. (N.S.)    542. 

Wken  contract  of  guaranty  of  commercial 
paper  covers  renewals.  16  L.R.A. 
(N.8.)    775. 

Right  to  show  by   parol   evidence  that   in-     §   32.  Implied    warranty    of    genuine- 

dorsement    unrestricted    in    form    was  ness. 

for    purpose    of    collection    only.      17   Guaranty  of  signature  generally,  see  supra^ 

Li.R.A.  ( Pi .S. )    838.  8  9. 

Begin  vHth  this  book  on  every  law  question. 


BILLS  AND  NOTES,  III.— cont'd  i 

EfTect  of  blank  indorsement  to  impart  ne- 
gotiability to  non-negotiable  instru- 
ment.    26  L.R.A.  (N.S.)    804. 

Indorser's  duty  to  see  that  spaces  on  com- 
mercial paper  are  filled  so  as  to  prevent 
raising.     21  LJl.A.(N.S.)    402. 

Who  must  bear  loss  when  check  or  bill  in- 
dorsed to  impostor.  50  L.R.A.  75;  17 
L.R.A.{N.S.)  514;  38  L.R.A.(N.S.)  IIU. 

Who  must  bear  loss  where  check  or  draft 
is  purchased  or  paid  upon  the  spurious 
indorsement  of  one  who  bears  the  same 
name  as  payee  or  indorsee.  34  L.R.A. 
(N.S.)    1101. 

Wliat  law  governs  as  to  sufficiency  of  in- 
dorsement or  assignment.   61  L.R.A.  222. 

Conflict  of  laws  as  to  the  validity  of  trans- 
fer of  commercial  paper.    2  B.R.C.  304. 

What  law  governs  as  to  liability  of,  and  de- 
fenses available  to,  drawer  or  indorser. 
61  L.R.A.  212. 

What  law  governs  as  to  necessity  of  suing 
primary  obligor  as  condition  of  hold- 
ing drawer  or  indorser.    61  L.R.A.  220. 

Right  of  indorser  of  bill  or  note  for  illegal 
consideration  to  affirmative  relief. 
L.R.A.1918D,  941. 

§  2  7.  Power  to  transfer  or  indorse. 

Authority  to  execute  instrument,  see  supra, 
§  11. 

Power  of  agent,  see  Pbincipal  and  Agent, 
§  18. 

Right  of  pledgee  to  seU.   L.R.A.1918C,  628. 

Powers  of  president  and  vice  president  of 
corporation  as  to  transfer  of  negotiable 
paper.     14  L.R.A.  358. 

Right  of  pledgeor  and  pledgee  in  respect  of 
sale  of  commercial  paper.    53  L.R.A.  857. 

Taking  note  from  maker  or  payee  as  con- 
structive notice  of  accommodation  char- 
acter of  irregular  indorsement  and 
lack  of  authority  for  such  indorsement. 
2  L.R.A.(N.S.)   525. 

Instrument  naming  in  alternative  two  or 
more  payees.    50  L.R.A. (N.S.)   1097. 

§  28.  Various  forms  and  purposes  of 
Indorsement. 

Rights  of  owner  of  negotiable  paper  in- 
dorsed in  blank  as  against  bona  fide 
purchaser  from  one  unlawfully  in  pos- 
session thereof.     19  L.R.A. (N.S.)    107. 

Words  of  assignment  as  qualifying  indorse- 
ment.   L.R.A.1917A,  1167. 

Assignment  without  recourse.    36  L.R.A.  119. 

Indorsement  without  recourse  as  a  circum- 
stance sufficient  to  put  purchaser  of 
negotiable  paper  on  inquiry.  L.R.A. 
1918F,  1152. 

Trust  in  proceeds  of  collection  by  insolvent 
bank  as  against  claims  of  subagent  in 
case  of  restrictive  indorsement.  32 
L.R.A.  721. 

Admissibility  of  parol  evidence  as  between 
indorser  and  indorsee  that  unrestricted 
indorsement  was  made  merely  to  trans- 
fer title  to  the  owner.  28  L.R.A. 
(N.S.)   530 


INDEX  TO  L.R.A.  NOTES. 


107 


BILLS  AND  NOTES,  III.— cont'd 

Guaranty  by  surety  of  genuineness  of  other 
signatures,  see  Pkixcipal  and  Subety, 

§  7. 

Implied  warranty  of  genuineness  upon  sale 

of    negotiable    paper.      36    L.R.A. 

92;    10    L.R.A. (N.S.)     542. 

By   one   transferring  note   of   third   person 

without  indorsement.     10  L.R.A. (N.S.) 

542. 

§  S2a.  Indorsement  of  forged  instru- 
ments. 

Of  forged  instrument  as  uttering  or  pub- 
lishing.     8   L.R.A.(N.S.)    1178. 

Indorser's  duty  to  see  that  spaces  on  com- 
mercial paper  are  filled  so  as  to  prevent 
raising.     21   L.R.A. (N.S.)    402. 

§  S3.  Liability  for  transferring  note  to 
bona  fide  holder  so  as  to  cut  off 
defenses. 

In  general.     27  L.R.A.  519. 

Cutting  oflf  defense  of  indorser.  27  L.R.A. 
520. 

Effect  of  rule  as  to  parties  in  pari  delicto. 
27  L.R.A.  520. 

Form  of  action.     27  L.R.A.  521. 

Right  of  one  who  makes  a  gift  of  commer- 
cial paper  and  who  is  compelled  to  pay 
the  siune  to  a  bona  fide  indorsee  for 
value  to  recover  from  the  donee.  37 
L.R.A.(N.S.)   286. 

§  S4.  Discharge  of  Indorser. 

By  Ron-presenting  or  delay  in  presenting, 
see  infra,  V. 

By  renewal  or  extension  of  time,  see  in- 
fra, §  57. 

Discharge  of  surety,  see  Pbincipal  and 
Surety,  §§  10-18. 

Effect  upon  indorser  or  surety  of  bank's 
failure  to  appi}'  principal's  deposit  ac- 
count upon  note.  8  L.R.A.  (N.S.)  944; 
L.R.A.1917F,  266. 

Payment  voidable  under  bankruptcy  act  as 
discharge  of  surety,  guarantor,  or  in- 
dorser.    9  L.R.A. (N.S.)    581. 

Release  of  drawer  or  indorser  by  certifica- 
tion of  check.     9  L.R.A. (N.S.)    698. 

IV.  Rights  of  transferees, 

a.  Extent  of  rights  and  protection  gen- 
erally. 

§  8  5.  Generally. 

What  law  governs.  61  L.R.A.  206;  19  L.R.A. 
(N.S.)   670. 

Estoppel  to  contest  commercial  paper  by 
representations  to  prospective  pur- 
chasers.    50  L.R.A.  (N.S.)    1023. 

Grarnishment  of  negotiable  paper  after  its 
transfer  before  maturity.  L.R.A.1918C, 
742. 

Rights  of  assignee  of  note  enforcement  of 
which  is  prevented  by  war  between 
coimtries  of  parties.  L.R.A.1917C, 
672. 

Right  of  purchaser  with  notice  from  bona 
fide  holder  to  same  protection  as 
latter.     50  L.R.A. (N.S.)    74. 

OonsuU  also  L.R.A.  Digests  of  Cases. 


BILLS  AND  NOTES,  IV.  a— cont'd 

Right  of  action  at  law  against  indorser  on 
destroyed  bill  or  note.     16  L.R.A.  207. 

Rights  and  liabilities  of  assignee  of  bill  of 
lading  with  draft  attached,  as  against 
consignee  who  does  not  get  the  goods  or 
finds  them  defective.  49  L.R.A.  679; 
1  L.R.A.(N.S.)  242;  18  L.R.A. (N.S.) 
1221;   32  L.R.A.(N.S.)    1173. 

Lien  of  mortgage  securing  negotiable  in- 
struments assigned  before  maturity  aa 
affected  by  payment  to  payee  without 
knowledge  of  assignment.  29  L,R.A. 
(N.S.)   577. 

Presumption  and  burden  of  proof  in  action 
by  purchaser.     17  L.R.A.  326. 

§  36.  Paper  transferred  after  ma- 
turity. 

Right  of  set  off,  see  infra,  §  68a. 

Garnishment  of  negotiable  paper  trans- 
ferred after  maturity.  L.R.A.1918C, 
743. 
Effect  of  transfer  after  maturity  on  nego- 
tiability. 46  L.R.A.  753. 
Extent  of  liability  of  indorser  or  assignor 
of  bill  or  note  transferred  after  ma- 
turity at  a  discount.  47  L.R.A. (N.S.) 
246. 

Rights  acquired  under  transfer.     46  L.R.A. 
754, 

Defenses  which  maker  may  make.    46  L.R.A. 
760. 
Payment.    46  L.R.A.  778;  L.R.A.1915E, 
395. 

Equities  of  intermediate  holders.  46  L.R.A. 
783. 

Availability  as  against  transferee  of  ne- 
gotiable paper  after  maturity,  of  equi- 
ties or  defenses  against  intermediate 
indorsers.     50  L.R.A. (N.S.)   87. 

Exception  as  to  paper  taken  from  bona  fide 
holder.     46   L.R.A.   784. 

Exception    as    to    collateral    matters.      46 
L.R.A.  787. 

Exceptions     as     to     set-offs     and     counter- 
claims.    46  L.R.A.  790. 

Exception  as  to  instruments  drawn  pay- 
able without  defalcation  or  discount. 
46  L.R.A.  799. 

Effect  of  dishonor  as  to  interest,  instal- 
ments or  part  of  a  series.  46  L,R.A. 
799. 

Effect  of  transfer  and  indorsement  at  dif- 
ferent times.    46  L.R.A.  801. 

Effect  of  extension  of  time.  46  L.R.A. 
802. 

Effect  of  renewal  of  note.     46  L.R.A.  802. 

Effect   of   action   brought.      46   L.R.A.   803. 

Rights    of     holder    against    indorser.       46 
L.R.A.  803. 

Special  rules  based  on  character  of  the  in- 
strument.    46  L.R.A.  807, 

Actions  against  transferees  to  enforce  equi- 
ties.    46  L.R.A.  811. 

Proof  with  reference  to  equities.  46  L.R.A> 
812. 

Title  and  right  to  overdue  note  as  between 
one  who  was  induced  by  fraud  to  trans- 
fer it,  and  one  who  in  good  faith  bouglit 
of  the  fraudulent  transferee.  2  L.R.A. 
(N.S.)  767. 


108 


INDEX  TO  L.K.A.  NOTES. 


BILLS  AND  NOTES,  IV.  a— cont'd 
Effect  of  transfer,  after  maturilv.  of  ac- 
co.'iimodation  paper  which  has  been  di- 
verted from  the  use  for  which  it  was  in- 
tended by  the  accommodating  party. 
11  L.R.A.(N.S.)  1034. 
Right  of  purcliaser  after  maturity  from 
bona  fide  holder,  to  the  same  protec- 
tion as  the  latter.    60  L.R.A.(N.S.)  83. 

§37.  Paper  transferred  without  in- 
dorsement. 

Warranty  on  transfer  of  third  person's  note 
without  indorsement,  see  Sale,  §  29. 

Right  of  transferee,  without  indorsement, 
of  bill  or  note  payable  or  indorsed  to 
order  of  transferrer,  to  protection  as  a 
bona  fide  purchaser.  17  L.R.A.(N.S.) 
1105. 

Holder  of  unindorsed  note  as  real  party  in 
interest  within  the  meaning  of  stat- 
utes defining  the  parties  by  whom  the 
action  must  be  brought.  17  L.R.A. 
(N.S.)  1113. 

Effect  of  production  of  bill  or  note  not 
transferable    by    delivery    to    establish 

Erima  facie  plaintiff's  title  to  note.    50 
.R.A.(N.S.)    581. 
Effect  of  transfer,  without  indorsement,  of 
worthless  check,  or  note  of  third 
person.    10  L.R.A.(N.S.)  610. 

§  S8.  Of  bona  fide  holders. 

Injunction  against  negotiation  of  note  in 
hands  of.    28  L.R.A.  579. 

Liability  for  transferring  note  to  bona  fide 
holder  so  as  to  cut  off  defenses.  27 
L.R.A.  519. 

Usury  as  a  defense  against  a  bona  fide  pur- 
chaser of  a  bill  or  note,  L.R.A.1918C, 
773. 

Invalidity  of  note  because  made  on  Simday, 
as  affecting  right  of  innocent  third 
person  to  enforce  it.    L.R.A.1917C,  587. 

Rights  of  bona  fide  purchaser  of  note  de- 
clared void  by  statute.     16  L.R.A.  45. 

Bona    fide    purchaser    of    negotiable    paper 

from  a  foreign  corporation  which  has 

not  complied  with  the  conditions  of  do- 

'  ing  business  in  the  state.    L.R.A.1918B, 

840. 

Right  of  bona  fide  holder  of  promissory  note 
of  insane  person.    35  L.R.A.  161. 

Intoxication  as  defense  to  bill  or  note  in 
hands  of  bona  fide  holder.  46  L.R.A. 
(N.S.)   212. 

Rights  of  bona  fide  holder  without  notice 
of  alteration  of  note  by  inserting  place 
of  payment.     31  L.R.A.(N.S.)    648. 

Liability  to  bona  fide  purchaser  of  note 
getting  into  circulation  without  maker's 
consent.    3  L.R.A.(N,S.)  212. 

Effect  of  putting  paper  or  securities  trans- 
ferable by  delivery  or  indorsed  in  blank 
into  another's  possession  to  estop  own- 
er as  against  purchaser  in  good  faith. 
29  L.R.A.(N.S.)  252. 

Right  of  bona  fide  holder  to  enforce  note 
which  docs  not  indicate  the  nature  of 
its  consideration  as  required  bv  stat- 
ute.    10  L.R.A. (N.S.)    842. 


BILLS  AND  NOTES,  IV.  a— cont'd 

Effect  of  detachment  of  paper  attached  to 
bill  or  note  and  modifying  the  terms 
thereof  on  rights  of  subsequent  bona 
fide   purchaser.     22   L.R.A. (N.S.)    263. 

Rights  of  owner  of  negotiable  paper,  payable 
to  bearer,  or  indorsed  in  bhuik,  as 
against  bona  fide  purchaser  from  one 
unlawfully  in  possession  thereof.  19 
L.R.A.(N.S.)    107. 

Right  of  drawee  of  forged  check  or  draft 
to  recover  money  paid  tliereon  from 
bona  fide  holder  for  value.  10  L.R.A. 
(N.S.)  51. 

Forgery  of  part  of  signatures  of  makers  or 
sureties  on  note  as  defense  against  bona 
fide  holder  by  makers  whose  signatures 
were  genuine.     13  L.R.A. (N.S.)   426. 

Rights  of  transferee  after  maturity  of  paper 
taken  from  bona  fide  holder.  46  L.R.A. 
784. 

Rights  of  payee  of  note  after  repurchasing 
from  bona  fide  holder.     54  L.R.A.  673. 

Right  of  bona  fide  holder  to  recover  on  a 
bill  or  note  stolen  before  delivery. 
L.R.A.1915E,  352. 

Right  cf  purchaser  after  maturity  from 
bona  fide  purchaser  to  the  same  pro- 
tection as  the  latter.  50  L.R.A. (N.S.) 
83. 

§  38  a.  —  effect  of  fraud  in  execution  or 
character  of  paper. 

Fraud  in  obtaining  the  execution  of  a  note 
as  a  defense  against  a  bona  fide 
holder.     36  L.R.A.  434. 

What  misrepresentations  .8  to  the  contents 
of  an  instrument  will  render  it  void  in 
law.     4  B.  R.  C.  663. 

Deception  as  to  character  of  paper  signed 
as  defense  against  bona  fide  holder  of 
negotiable  paper.    35  L.R.A. (N.S.)  776. 

Title  and  right  to  overdue  note  as  between 
one  who  was  induced  by  fraud  to  trans- 
fer it  and  one  who  in  good  faith  bought 
of  fraudulent  transferee.  2  L.RA. 
(N.S.)    767. 


b.  Who 


protected   as    bona 
chasers. 


fide    pur- 


Begin  icith  this  book  on  evei'y  law  question. 


§39.  Generally. 

What  law  governs.     61  L.R.A.  202. 

Effect  of  exchange  of  commercial  paper  to 
constitute  one  a  holder  in  due  cours* 
for  value.     17  L.R.A.(N.S.)    747. 

Principal  as  bona  fide  holder  of  bill  or  note 
passing  through  agent's  hands.  5 
L.R.A.(N.S.)  628. 

Intoxication  of  maker  as  affecting  bona 
fide  holder.    54  L.R.A.  451. 

Does  the  fact  that  a  negotiable  instrument 
was,  contrary  to  agreement,  transferred 
before  the  happening  of  a  certain  con- 
tingency, impose  the  burden  of  proof 
as  to  bona  fides  upon  the  holder.  22 
L.R.A.(N.S.)    718. 

Right  of  one  who  takes  commercial  paper 
of  corporation  in  payment  of,  an  indi- 
vidual debt  of  officer.  31  L.R.A.  (N.S.) 
169;   L.R.A.1918F,   1163. 


INDEX  TO  L.R.A.  NOTES, 


109 


BILLS  AND  NOTES,  IV.  b— cont'd 

Right  of  trausforee  without  indorsement  of 
bill  or  note  payable  to  order  of  trans- 
ferrer to  protection  as  a  bona  lide  pur- 
chaser.     17   L.R.A.(N.S.)    1105. 

Payee  as  a  holder  in  due  course  within 
uniform  negotiable  instruments  law. 
13  L.R.A.(N.S.)  490;  L.R.A.1915B,  144. 

Burden  of  proof  as  to  bona  iides  of  trans- 
feree of  warehouse  receipts  for  prop- 
erty secured  by  fraud.  10  L.R.A.  (N.S.) 
801. 

§  40.  Persons  taking  as  collateral  se- 
curity. 

Holder  of  bill  or  note  as  collateral  security 
as  a  bona  fide  holder.     31  L.R.A. 
(N.S.)   287. 
When    principal    obligation    is    collect- 
able.    4  L.R.A.  (N.S.)   1042. 
Right   of   one   taking   commercial   paper   of 
corporation   as   security   for   individual 
debt  of  officer.     31   L.R.A.  (N.S.)    169; 
L.R.A.1918F,  1163. 

§  41.  Effect  of  alteration  of  note  on 
bona  fides. 

Effect  of  alteration,  generally,  sec  Alter- 
ation OF  liSSTKUMENTS. 

In  general.     35  L.R.A.  464, 

Reasons  of  the  rule.    35  L.R.A.  465. 

Illustrations.    35  L.R.A.  4C5. 

Alteration  must  be  material.    35  L.R.A.  467. 

Corrections.     35  L.R.A.  467, 

Alteration  by  stranger  or  by  mistake.     35 

L.R.A.  467. 
Restoration  of  altered  bill.     35  L.R.A.  467. 
Consent.     35   L.R.A.  467. 
Persons  signing  after  alteration.     35  L.R.A. 

467. 
Filling  blanks.     35  L.R.A,  467;  5  B.  R,  C. 

710. 
Leaving  blanks  will  not  authorize  further 

change.     35  L.R.A.  469. 
Spaces,     35  L.R.A.  469. 
Change  apparent  on  face  of  note.    35  L.R.A. 

470. 
Effect  of  detachment  of  paper  attached  to 

bill   or  note  and  modifying  the  terms 

thereof   on    rights   of   subsequent   bona 

fide  purchaser.    22  L.R.A. (N.S.)  263. 

§  42,  Notice  of  equities. 

Eight  of  purchaser  with  notice  from  bona 
fide  holder  ^o  same  protection  as  latter. 
50  L.R.A. (N.S.)   74. 
Is  officer  or  employee  of  corporation  charge- 
able with   its  knowledge  of  infirmities 
in  commercial  paper  purchased  from  it. 
48  L.R.A. (N.S.)  65;  L.R.A.1015D,  1099. 
Agent's  knowledge  of  defense  to  bill  or  note 
belonging  to  him  and  indorsed  or  trans- 
ferred by  him  to  his  principal  as  af- 
fecting the  latter's  character  as  a  bona 
fide  holder.     L.R.A.1918C,  902. 
What  circumstances  are  sufficient  to  put  a 
purchaser   on    inquiry.      29    L.R.A. 
(N.S.)    351;  44  L.R.A. (N.S.)   395; 
L.R.A.1918F,  1148. 
Erasures,  marks  and  defects.   29  L.R.A. 
(N.S.)    376;   L.R.A.1918F,   1L57. 
Consult  also  JL.R.A.  Digests  of  Cases. 


BILLS  AND  NOTES,  IV.  6— cont'd 

Use  of  word  "trustee"  as  imparting  notice 
of  right  of  beneficiaries.  1  L.R.A, 
(N.S.)   388. 

Taking  note  from  maker  or  payee  as  con- 
structive notice  of  the  accommodation 
character  of  an  irregular  indorsement 
and  lack  of  authority  for  such  indorse- 
ment.    2  L.R.A. (N.S.)   525. 

Effect  of  knowledge  of  consideration  by  pur- 
chaser of  a  note  which  did  not  indi- 
cate the  nature  of  its  consideration  as 
required  by  statute.  24  L.R.A. (N.S. > 
1057. 

Notice  imported  to  holders  by  commercial 
paper  payable  to  a  public  body  or  of- 
ficer  thereof.     L.R.A.1915B,   725. 

Failure  of  executory  consideration  for  bill 
or  note  as  affecting  purchaser 
with  knowledge  of  the  cliaracter 
of  the  consideration.  46  L.R.A. 
(N.S.)    862;   L.R.A.1918F,   1018. 

Knowledge  that  instrument  was  signed  in 
•blank'  as  affecting  bona  fides  of  taker 
after  blanks  have  been  filled  contrary 
to  instructions.    5  B.  R.  C.  710. 

V.  Presentment;  demand;  notice;  pro- 
test. 

§  43.  Generally. 

Of  check,  see  Checks,  §§  9-11. 
Presumption  and  burden  of  proof  as  to  dis- 
honor, see  Evidence,  §  96. 

What  law  governs.    61  L.R.A.  216. 
Banking  customs  as  to  demand  and  notice. 

21  L.R.A.  441. 
Admissibility    in    evidence    of    entries    or 

memoranda  of  notice  of  dishonor.     53 

L.R.A.  525. 
Denial  of  presentment  on  information  and 

belief.     30  L.R.A. (N.S.)   778. 

§  44.  Necessity. 

Of  check,  see  Checks,  §  10. 

Effect  of  war  between  countries  of  parties 
to  note.    L.R.A.1917C,  671. 

What  law  governs.  61  L.R.A.  216,  217;  19 
L.R.A.(N.S.)    673. 

When  paper  held  as  collateral  or  condition- 
al payment.     68  L.R.A.  487. 

Demand  and  notice  necessary  to  render  de- 
mand  notes   overdue.      46   L.R.A.    807. 

In  ease  of  death  of  prior  obligor.  23  L.R.A. 
711. 

Necessity  of  actual  presentation  of  com- 
mercial paper  to  effect  its  dishonor. 
13  L.R.A. (N.S.)   303. 

Necessity  of  demand  and  protest  to  enable 
accommodation  indorser  who  has  been 
obliged  to  pay  bill  or  note  to  recover 
from  accommodated  maker.  37  L.R.A. 
(N.S.)    785. 

Effect  of  loss  of  check  on  holder's  right 
to  recover  against  maker  without  pre- 
sentment.    14  L.R.A. (N.S.)    616. 

§  45.  Waiver. 

When  paper  held  as  collateral  or  condition- 
al payment.    68  L.R.A.  491. 


110 


INDEX  TO  L.R.A.  NOTES. 


BILLS  AND  NOTES,  V.— cont'd  .  BILLS  AND  NOTES,  VI.— cont'd 

SuflSciency   of   moral   obligation   to   sustain  I  Rights  of  holder  of  paper  transferred  after 
new    promise   after   defense  of    laches,  j  maturity,  see  supra,  §  36. 

53    I"1^A-   3G5.  X      u  ij        What  law  governs.     61  L.R.A.  195. 

Eflfect  of  statement  by   .ndorser  to   holder  |  p^,,,.;,,^  J^^^^^  ^^  ^^     .,    ._  . 


that  party  primarily  liable  cannot  pay, 
as  waiver  of  presentment  to  latter. 
27  L.R.A.(N.S.)    510. 

§  4  6.  —  implied  waiver. 

Implied  waiver  of  presentment  and  no- 
tice by  indorser  before  maturity. 
33  L.R.A.(N.S.)  639;  L.R.A.1916B, 
944. 

§  4  7.  —necessity  for  new  consider- 
ation. 

Necessity  for  new  consideration  to  support 
■waiver  of  failure  to  give  notice. 
29  L.RA.  305;  3  L.R.A. (N.S.) 
1079. 

§  48.  Sufficiency;   mode;   time. 

What  law  governs.     61  L.R.A.  217,  218. 
Banking  custom  as  to  demand  and  nAtice. 

21  L.R.A.  441. 
Note  transferred  after  maturity.    46  L.R.A. 

804. 

§  49.  — to  whom  given. 

To  whom  should  notice  of  protest  or  non- 
payment be  given  after  appoint- 
ment of  receiver,  assignee,  or  other 
representative  of  insolvent?  61 
L.R.A.  900. 

Presentment  to  joint  makers  to  hold  in- 
dorsers  of  note.     36  L.R.A.  703. 

§  60.  —  mode. 

Validity  of  presentment  of  bill  or  note  by 
telephone.     34  L.R.A.(N.S.)    417. 

Presentation  and  payment  through  clear- 
ing house.     25  L.R.A.  826. 

§  52.  —time. 

Of  clieck,  see  Checks,  §  11. 

Contingency  of  claim  against,  as  affecting 
limitation  of  time  for  presentation 
against  estate  of  deceased. indorser.  58 
L.R.A.  87. 

Effect  of  transfer  of  check  on  time  for 
presentment.    10  L.R.A.  (N.S.)   1153. 

Time  allowed  for  mailing  check  or  notice  of 
dishonor,  as  affected  by  the  hour  at 
which  the  mail  closes  or  departs.  4 
L.R.A.(N.S.)  132. 

§  68.  Effect  of  failure  or  delay. 

Of  check,  see  Checks,  §  11. 

Release  of   indorser  of  check  by  delay  in 

presenting  it.     22  L.R.A.  785. 
Release  of  indorser  of  note  by  failure  to  en- 
force   liability    of    maker.      18    L.R.A. 
(N.S.)   530. 
Effect  of  failure  of  holder  to  make  demand 
or  give  notice  of  dishonor  of  paper 
held    as    collateral    or    conditional 
payment.     68  L.R.A.  482. 

VI.  Maturity;  extension;  renewals. 

§  54.  Generally. 

Certainty   as  to  maturity  as  affecting  ne- 
gotiability, see  supra,  §  21. 
Begin  with  this  book  on  every  law  question 


21  L.R.A.  440. 

Bank  customs  as  to  days  of  grace.  21 
L.R.A.  442. 

Promise  to  pay  as  soon  as  one  can.  27 
L.R.A. (N.S.)   300. 

Effect  of  contemporaneous  agreement  as  to 
time  of  payment  of  note.  43  L.R.A. 
456. 

Maturity  of  notes  of  members  of  mutual 
fire  insurance  companies.  32  L.R.A. 
484. 

Time  of  payment  of  obligation  purporting  to 
be  payable  on  specified  event  the  hap- 
pening of  which  is  wholly  or  partially 
within  the  control  of  the  promisor. 
L.R.A.1917B,  1050. 

First  and  last  days  in  computing  time  on. 
49  L.R.A.  207. 

Priority  of  notes  falling  due  at  different 
times  secured  by  same  mortgage.  24 
L.R.A.  800. 

Difference  between  note  and  mortgage  af- 
fecting maturity.    46  L.R.A. (N.S.)  475. 

Effect  of  acceleration  provisioi-  in  mortgage 
or  note  to  start  statute  of  limitations 
running.  12  L.R.A. (N.S.)  1190;  22 
L.R.A.(N.S.)  1110;  51  L.R.A.(N.S.) 
151;   L.R.A.  1918F,  169. 

§  55.  Demand  notes. 

Notice  and  demand  necessary  to  render 
paper  overdue.    46  L.R.A.  807. 

§  56.  Extension  of  time;  delay;  re- 
newal. 

Extension  of  time  when  last  day  falls  on 
Sunday.     14  L.R.A.  120. 

Effect  of  extension  of  time  of  note  trans- 
ferred after  maturity.     46  L.R.A.  802. 

Effect  of  renewal  of  note  transferred  after 
maturity.    46  L.R.A.  802. 

Provisions  for  renewal  as  affecting  negotia- 
bility.    31  L.R.A.  234. 

Effect  on  negotiability  of  promissory  note 
of  provision  permitting  extension  of 
time.     49  L.R.A. (N.S.)    132. 

Implied  waiver  of  presentment  and  notice 
by  indorsing  renewal  note  before  ma- 
turity.    33  L.R.A.(N.S.)    640. 

Liability  of  obligors  on  original  contract  as 
affected  by  void  rcn^'al.  33  L.R.A. 
628. 

Liability  on  paper  given  in  renewal  of 
forged    paper.      23   L.R.A.(N.S.)    1234. 

Conflict  of  laws  as  to  usury  in  renewal  con- 
tracts.    L.R.A.1916D,  756. 

Renewal  of  conditional  sale  note  as  affecting 
right  of  seller  or  the  intervening  rights 
of  tliird  persons  to  the  property.  L.R.A. 
1916A,  927. 

Extent  of  forfeiture  of  interest  in  case  of 
renewals  where  usury  is  charged  bj' 
but  not  paid  to  national  bank,  56 
L.R.A.  683. 

When  guaranty  of  commercial  paper 
deemed  to  cover  renewal.  16  L.R.A. 
(N.S.)  775. 


INDEX  TO  L.R.A.  NOTES. 


Ill 


BILLS  AND  NOTES,  VI.— cont'd 

Renewal  by  insane  pgrson.     34  L.R.A.  274. 

Efl'ect  of  the  reissue  of  a  bill  or  note  that 
has  been  paid  by  or  transferred  to  a 
party  primarily  liable  thereon.  L.R.A. 
1918E,  170. 

Effect  of  fraudulent  reissue  of  bill  or  note 
which  has  been  paid.  28  L.R.A. (N.S.) 
1066. 

§  5  7.  — release  of  party  by. 

Effect  of  renewal  of  principal's  obligation 
to  release  party  to  a  note  executed  to 
the  creditor  as  collateral.  23  L.R.A. 
(N.S.)   141. 

Effect,  under  negotiable  instruments  law, 
of  extension  of  time  to  principal,  to  re- 
lease one  who,  on  the  face  of  the  in- 
strument, is  primarily  liable,  but  who 
is  in  fact  surety.  10  L.R.A. (N.S.) 
129;  26  L.R.A.  (N.S.)   99. 

Effect  under  negotiable  instrument  law  of 
extension  of  time  to  principal  to  re- 
lease a  surety  or  guarantor.  31  L.R.A. 
(N.S.)    149. 

Extension  of  time  to  corporation  as  affect- 
ing iiiiliility  of  ofiicers  or  stockljolders 
wlio  sign  as  sureties  or  indorsers.  47 
L.R.A.  (N.S.)    274. 

Agreement  to  extend  time  for  payment  con- 
ditional upon  surety's  consent  as  a  re- 
lease of  the  surety.     L.R.A.1915C,  831. 

Release  of  indorser  from  liability  by  failure 
to  enforce  liability  of  maker.  18  L.R.A. 
(N.S.)  530. 

Release  of  indorser  by  lack  of  diligence  in 
bringing  suit.     18  L.R.A. (N.S.)   .540. 

Excuse  for  delay  in  enforcing  liability  of 
maker  of  note  so  as  to  prevent 
release  of  indorser.  18  L.R.A. 
(N.S.)    553. 

§  5  7a.  — consideration  for  subsequent 
agreement  extending  time  of  pay- 
ment. 

Necessity  of  consideration.  52  L.R.A. 
(N.S.)   333. 

Money  consideration.    52  L.R.A. (N.S.)    336. 

Promise  to  pay  obligation.  52  L.R.A. (N.S.) 
337. 

Promise  to  pay  in  different  place  or  man- 
ner.    52  L.R.A.  (N.S.)    338. 

Agreement  to  pay,  or  payment  of,  another 
debt.     52  L.R.A. (N.S.)    338. 

Payment  of  costs.     52  L.R.A. (N.S.)   339. 

Giving  of  an  additional  security.  52  L.R.A. 
(N.S.)    339. 

Agreements  void  under  statute  of  frauds. 
52  L.R.A. (N.S.)    341. 

Interest.     52  L.R.A.  (N.S.)    ,341. 

Partial    payment,    or    agreement    therefor. 
52  L.R.A. (N.S.)   366. 
VII.  Payment;  discharge. 

§  58.  Generally. 

Presentment  for  payment  and  notice  of 
nonpayment,  see  supra,  §§  43-53. 

Of  check,  see  Checks,  §  8. 

Liability  of  bank  paying  forged  check,  see 
Banks,  §  24. 

Premium  not^s,  see  Insurance,  §  111. 

Payment  by  note,  see  Payment,  §  11. 

Admissibility  of  books  of  account  to  prove 

pavment.     52  L.R.A.  706. 
Consult  also  L.B.A.  Digests  of  Cases. 


BILLS  AND  NOTES,  VII.— cont'd 

Payment  of  note  given  to  one  who  has  be- 
come an  alien  enemy.   L.R.A. 191 7C,  671. 

N^ote  payable  in  foreign  money.  20  L.R.A.  481. 

Necessity  of  notice  of  default  to  bind  guar- 
antor of  payment  or  collection.  20 
L.R.A.  261. 

Collection  of  notes  of  members  of  mutual 
fire  insurance  companies  by  receiver  or 
assignee  for  creditors.     32  L.R.A.  486. 

Right  to  maintain  trover  to  recover  posses- 
sion of  paid  bill  or  note.  16  L.R.A. 
(N.S.)   1043. 

Effect  of  day  for  payment  falling  on  Sun- 
day.    3  B.  R.  C.  678. 

§  58a.  Contemporaneous  agreement  as 
to  payment. 

That  payment  of  note  is  to  be  conditional. 

43  L.R.A.  453. 
As  to  time  of  payment.     43  L.R.A.  456. 
As  to  medium  of  payment.     43  L.R.A.  458. 
As   to   place   of   payment.     43    L.R.A.   458. 
As  to  mode  of  payment.     43  L.R.A.  459. 
As  to  amount  to  be  paid.     43  L.R.A.  460. 

§  59.  Effect  of  payment. 

Effect  of  pavment  of,  bv  volunteer.  23 
L.R.A.  124. 

Defense  of  pavment  as  against  transferee 
after  maturity.  46  L.R.A.  778;  L.R.A. 
1915E,  395. 

Extinction  of  judgment  against  principals 
on,  by  payment  by  surety.   68  L.R.A.  559. 

Payment  of  promissory  note  by  maker, 
which  proves  ineffectual  as  a  satis- 
faction, as  affecting  the  liability  of  a 
surety   thereon.     13   L.R.A. (N.S.)    204. 

Payment  voidable  under  bankruptcy  act 
as  discharge  of  surety,  guarantor,  or 
indorser.     9   L.R.A. (N.S.)    581. 

Effect  on  lien  of  mortgage  securing  nego- 
tiable instruments  assigned  before  ma- 
turity of  paj'ment  to  payee,  without 
knowledge  of  assignment.  29  L.R.A 
(N.S.)    577;   41  L.R.A. (N.S.)    462. 

Lien  of  mortgage  securing  negotiable  in- 
struments assigned  before  maturity  as 
affected  by  payment  to  payee  without 
knowledge  of  assignment.  29  L.R.A. 
(N.S.)    577. 

Right  of  one  advancing  money  to  pay  pur- 
chase money  note  to  be  subrogated  to 
vendor's   lien.      37    L.R.A. (N.S.)     1207. 

Effect  of  reissue  of  bill  or  note  that  has 
been  paid  by  the  party  primarily  lia- 
ble thereon.  28  L.R.A.  (N.S.)  1066; 
L.R.A.1918E,  170. 

§  60.  Authority  to  make. 

Payment  to  one  not  in  possession.  23 
L.R.A.(N.S.)    414;   L.R.A.1916B,  860. 

VIII.  Actions  and  defenses. 

§61.  Generally. 

Running  of   limitations  against,  see  Limi- 
tation OF  AciiONS,  §  23. 
Question  for  jury  as  to,  see  Trial,  §  52. 

Is  amount  of  attorneys'  fees  exprespV  stip- 
ulated for  in  note  to  be  included  in 
computing  amount  involved  for  purpose 
of  ascertaining  jurisdiction.  49  L.R.A. 
(N.S.)    600. 


112 


INDEX  TO  L.R.A.  NOTES. 


BILLS  AND  NOTES,  VIII.— cont'd 
Necessity  of  exhaustion  of  remedy  at  law 

as  condition  precedent  to  creditors'  bill. 

23  L.R.A.(N.S.)    78,  101. 
What  law  governs  respecting  right  to  join 

primary    and    secondary    obligors.      61 

L.R~A..  226. 

§  62.  Right  of  action;    who  may   sue. 

Right  to  recover  on  a  bill  or  note  stolen 
before  delivery.     L.R.A.IOIGK,   351. 

What  law  governs.    61  L.R.A.  222. 

Who  is  real  party  in  interest  by  whom  ac- 
tion must  be  brought.     64  L.R.A.  599. 

Wife's  right  to  sue  husband  on  note.  5 
L.R.A.(N.S.)  611. 

Vendor's  right  to  recover  on  unpaid  notes 
given  on  conditional  sale  of  property. 
32  L.R.A.  458. 

§  63.  —paper  lost  or  destroyed. 

Right  of  action  at  law  on  lost  bill  or  note. 

16  L.R.A.  205. 
May  indorser  of   lost  bill,   check,  or  note 

maintain  an  action  thereon.    24  L.R.A. 

(N.S.)  645. 

§  64.  —to  recover  possession  of. 

Right  to  maintain  trover  to  recover  pos- 
session of  paid  bill  or  note.  16  L.R.A. 
(N.S.)   1043. 

Replevin  or  detinue  for  promissory  note. 
3  L.R.A.(N.S.)   138. 

§  65.  Defenses. 

As   to   paper   transferred   or   assigned,   see 

supra,  IV. 
Liability  on  paper  payable  to  impostor,  see 

supra,  §  14. 
Liability  on  forged  paper,  see  supra,  §  16. 
Alteration  as  affecting  subsequent  bona  fide 

holder,  see  supra,  §  41. 
Alteration  as  a  defense  generally,  see  Alteb- 

ATioN  OF  Instruments. 

—  ■» 

Right  to  plead  inconsistent  defenses.  48 
L,RJ^.  194. 

Conflict  of  laws  as  to  defenses  available  to 
maker  or  acceptor.  61  L.R.A.  206; 
19  L.R.A.(N.S.)   670. 

Conflict  of  laws  as  to  defenses  available 
to  drawer  or  indorser.  61  L.R.A.  212; 
19  L.R.A. (N.S.)   672. 

Right  of  innocent  payee  to  recover  on  notes 
signed  in  blank  and  intrusted  to  third 
person  who  exceeds  his  authority  in 
filling  up  the  blanks  before  delivery  to 
payee.  13  L.R.A. (N.S.)  490;  L.R.A. 
1915B,  144. 

Defenses  available  to  maker  against  trans- 
feree  after   maturity.     46   L.R.A.   760. 

To  notes  of  members  of  mutual  fire  in- 
surance companies.     32  L.R.A.  486. 

Liability  for  transferring  note  to  bona  fide 
holder  so  as  to  cut  off  defense  of  in- 
dorser.   27  L.R.A.  520. 

Right  to  refuse  payment  of  draft  the  pro- 
ceeds of  which  are  used  in  illegal  tran- 
saction.    39  L.R.A.  (N.S.)    1005. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void  in 
law.     4  B.  R.  C.  663. 


Begin  ■tcith  this  book  on  every  law  question. 


BILLS  AND  NOTES,  VIIL— cont'd 
§66.  —  laclc    or    failure    of    consider- 
ation. 

As  to  consideration  generally,  see  supra^ 
§  18. 

Sufficiency  of  general  averment  of  want  of 
consideration.     L.1J.A.1917F,  581. 

Failure  of  consideration  as  defense  to  ac- 
tion on  purchase  price  of  note.  39 
L.R.A.  (N.S.)    938;    L.R.A.1918A,   1055. 

In  case  of  paper  transferred  after  maturity. 
46  L.R.A.  761. 

Notes  given  for  patent  rights.  20  LJI.A. 
605. 

§  67.  — contemporaneous  agreement 
and  its  breach. 

Parol  agreements.     43  L.R.A.  449. 

Collateral  and  independent  agreements.  43 
L.R.A.  464. 

Mutual  and  dependent  agreements.  43 
L.R.A.  467. 

Consistent  agreements  constituting  parts 
of  a  whole  transaction.     43  L.R.A.  473. 

Agreements  constituting  consideration  for 
note.     43  L.R.A.  474. 

Agreements  constituting  condition  of  de- 
livery.    43  L.R.A.  480. 

Agreements  constituting  satisfaction  or  dis- 
charge.    43  L.R.A.  482. 

Executed  agreements.     43  L.R.A.  483. 

Effect  on  transferee  of  note.    43  L.R.A.  485. 

Violation  of  contemporaneous  agreement  as 
defense  against  holder  of  negotiable 
paper  transferred  after  maturity.  46 
L.R.A.  769. 

Breach  of  parol  warranty  as  defense  to  an 
action  between  original  parties  on  note 
for  purchase  price  of  chattel.  28  L.R.A. 
(N.S.)   267. 

§  68.  Set-off. 

In  bankruptcy  cases.  55  L.R.A.  40,  48,  53, 
59,  64.  70. 

Rights  of  indorser  as  to  set-off  in  case  of 
debts  due  from  insolvent.  17  L.R.A. 
460.     • 

Right  to  set  off  insolvent's  obligation  on 
commercial  paper  in  hands  of  his  re- 
ceiver or  assignee  for  creditors.  25 
L.R.A.  319. 

As  to  commercial  paper  in  the  hands  of 
insolvent's  assignee  or  receiver.  23 
L.R.A.    325. 

Set-off  against  judgment  on  note  in  hands 
of  assignee.     23  L.R.A.  338. 

Effect  of  setting  up  defects  in  articles  pur- 
chased as  a  counterclaim  in  an  action 
on  one  of  a  series  of  notes  ,"iven  for  in- 
stalment of  the  purchase  price,  upon 
the  right  to  set  up  a  like  count(  -claim 
in  subsequent  actions.  10  L.R.A. (N.S.) 
734. 

§  68a.  —in  case  of  transfer  after  ma- 
turity. 

In  case  rf  transfer  after  maturity.  46 
L.R.A.  790. 

Right  to  set  off  against  transferee  of  ne- 
gotiable paper  after  maturity  claim 
against  original  payee.  23  L.R~A.. 
326;  39  L.R.A.(N.S.)   658. 


INDEX  TO  L.R.A.  NOTES. 


113 


BILLS  AND  NOTES,  VIII.— cont'd 
§   6  9.  Pleading. 

Sufficiency     of     p'aintiff's     pleadings,     see 

Pleading,   §§   19,  20. 
Sufficiency    of    answer    denying    plaintiff's 

ownership,  sre  Pleading,  §  38a. 

Right   to    plead    inconsistent   defenses.      48 

L.R.A.    l'J4. 
Pleading  failure  of  consideration  as  defense 

to    purchase    money    note.      39    L.R.A. 

(N.S.)    949. 

§  70.  Evidence. 

Admissibility  of  parol  evidence  to  show  to 
which  indorsement  qualifying  words  be- 
long.    49  L.R.A. (N.S.)    789. 

Effect  of  production  of  bill  or  note  not 
transferable  by  delivery  to  establish 
prima  facie  plaintitt"'s  title  to  note.  50 
L.R.A. (N.S.)    581. 

Presumption  and  burden  of  proof  in  action 
by   purchaser.     17   L.R.A.   326. 

Effect  of  admission  to  change  burden  of 
proof  and  right  to  open  and  close  in 
assumpsit  on  bill  or  note.  61  L.R.A. 
535,  541,  544. 

Admissibility  of  extrinsic  evidence  to  show 
who  is  liable  as  maker  of  a  note.  20 
L.R.A.   705. 

§  71.  Judgment. 

Effect  upon  lien  of  mortgage  of  entry  of 
judgment  upon  note  secured  thereby. 
24   L.R.A. (N.S.)    1095. 

Conclusiveness  of  judgment  as  between 
plaintiff  and  one  not  a  party  or  pri- 
vy who  voluntarily  conducted  defense 
in  action  upon  note.  37  L.R.A.(N.S.) 
965. 

§  72.  Amount  of  recovery. 

See   Damages,   §   26. 

IX.  Recovery  tack,  of  payments, 

§  73.  Generally. 

Recovery  by  bank  of  money  paid  out  by  it, 
see  Banks,  §§  28,  29. 

Right  of  accommodation  party  who  is  ob- 
liged to  pay  bill  or  note  to  recover  from 
accommodated  party.  37  L.R.A.  (N.S.) 
783. 

Right  of  drawee  of  forged  draft  to  recover 
money  paid  thereon.     L.R.A.1915A,  77. 

X.  Accommodation  paper. 

§  74.  Generally. 

Purchase  of  accommodation  paper  at  dis- 
count as  usury.     43  L.R.A. (N.S.)   220. 

Notice  to  accommodation  payee  after  in- 
solvency.     61    L.R.A.   901. 

Effect  of  transfer  after  maturity  of  accom- 
modation paper  which  has  been  diverted 
from  the  use  for  which  it  was  intended 
by  the  accommodating  party.  11 
L.R.A.(N.8.)    1034. 

§  75.  Power  to  issue. 

Power  of  corporation  to  issue  accommoda- 
tion  paper.     9  L.R.A. (N.S.)    193. 
Consult  also  L.R.A.  Digests  of  Cases.     8 


BILLS  AND  NOTES,  X.— cont'd 
Power  of  agent  to  indorse  paper  for  accom- 
modation.     27    L.R.A.   407. 

§7  6.  Bona  fide  holder  of. 

Circumstances  sufficient  to  put  purchaser 
on  inquiry.  29  L.R.A.  (N.S.)  385; 
L.R.A.1918F,  1148. 

Taking  note  from  maker  or  payee  as  con- 
structive notice  of  the  accommodation 
character  of  an  irregular  indorsement 
and  lack  of  authority  for  such  indorse- 
ment.    2  L.R.A.  (N.S.)    525. 

Holder  of  accommodation  paper  as  collat- 
eral security  as  a  bona  fide  holder. 
31  L.R.A.(N.S.)    296. 

§  7  7.  Rights  and  liabilities  of  parties 
to. 

Rights  inter  se  of  accommodation  parties 
to  commercial  paper.  28  L.R.A. 
(N.S.)  1039. 
Right  of  accommodation  party  who  is 
obliged  to  pay  bill  or  note,  to  re- 
cover from  the  accommodated 
party.  37  L.R.A. (N.S.)  783. 
Accommodation   indorsement   by   bank.     23 

L.R.A.  836. 
Liability   of  national   bank  on  accommoda- 
tion guaranty  by  it.     32  L.R.A.(N.S.) 
545;  L.R.A.1918A,  415. 
Extent    of    recovery    by    pledgee    on    paper 
which   pledgeor   could   not   collect.     44 
L.R.A.  249. 
Availability  of  defense  of,  as  against  trans- 
feree after  maturity.     46  L.R.A.  772. 
Implied  warranty  by  one  passing  worthless 
accommodation   paper   of   third   person 
without  indorsement.     10  L.R.A.(N.S.) 
548. 
Set-off  in  case  of  bankruptcy.    55  L.R.A.  65. 


BILLS   OF  EXCEPTIONS. 

See  Appeal  and  Ekeob,  §  23. 
4_»> . 

BILLS  OF  EXCHANGE. 

In  general,  see  Bills  and  Notes. 

Obtaining   bill    of    exchange   by    false   pre- 
tenses.    L.R.A.1916E,  1106. 


BILLS    OF   LADING. 

§  1.  Generally. 

Rights  and  liability  of  carriers  under,  see 

Carriers,  §§  107,  108,  114. 
Bill    of    lading    with    draft    attached,    see 

Bills  and  Notes,  §  7. 

Retaining  control  of  bill  of  lading  to  insure 
payment  as  affecting  sufficiency  of  de- 
livery to  carrier  as  compliance  with 
provision  requiring  delivery  at  place  of 
shipment.     L.R.A.1915B,   537. 

Intent  shown  by,  to  retain  title  on  delivery 
of  goods  to  carrier.     22  L.R.A.  421. 


114 


INDEX  TO  L.R.A.  NOTES. 


BILLS  OF  LADING — cont'd 

Effect  of  indorsing  and  mailing  to  purchaser 
bill  of  lading  naming  seller  as  con- 
signee, to  pass  title.  34  L.R.A.(N.S). 
293. 

Validity  of  agreement  of  railroad  company 
to  issue  false  bills  of  lading.  12  L.R.A. 
(N.S.)    610. 

§  2.  Bona  flde  holders  of. 

Liability  of  carrier  to  bona  fide  holder  of 
bill  of  lading  issued  by  negligence  or 
mistake  of  agent  without  delivery  of 
any  goods  to  carrier.  22  L.R.A.  (N.S.) 
828. 

Right  of  carrier  to  deny  as  against  bona 
flde  holder  of  bill  of  lading  tliat  goods 
were  delivered  to  it.  6  L.R.A.  (N.S.) 
302. 

Conclusiveness  of,  as  to  character  and 
amount  of  goods  as  between  carrier 
and  bona  fide  transferee.  34  L.R.A. 
(N.S.)    1177. 

Effect  of  putting  bills  of  lading  indorsed  in 
blank  into  another's  possession  to  es- 
top owner  as  against  purchaser  in  good 
faith.     29  L.R.A.(N.S.)    255. 


Bllili  OP  PARTICULARS. 

Right  under  statute  to  an  order  for  the 
examination  of  an  adverse  party  to  en- 
able one  to  frame  a  bill  of  particulars. 
L.R.A.1918C,  599. 


BILLS  OF  PEACE. 

To  quiet  title,  effect  of  remedy  at  law  upon. 
12  L.R.A.(N.S.)  50. 


BILLS  OF  REVIEW, 

See  Review. 


BILLS  OF  RIGHTS. 

See  Constitutional  Law. 


BILLS  OF  SALE. 


Relief  from  mistake  of  law  as  to  effect  of. 
28  L.R.A.(N.S.)   820. 

Production  of,  as  repelling  presumption  of 
guilt  from  possession  of  recentlv  stolen 
property.     ,39   L.R.A. (N.S.)    320. 

Parol  evidence  to  show  that  written  instru- 
ment which  on  its  face  imports  a  com- 
plete transfer  was  intended  to  operate 
as  a  mortgage  or  pledge.  L.R.A.1916B. 
18. 


BILLS  OF  SALE— cont'd 

Applicability  of  rule  excluding  parol  evi- 
dence to  vary  contract  in  favor  of  or 
against  a  stranger  to  the  contract. 
L.R.A.1916A,  596,  607. 


BIRTHS. 

Constitutionality  of  statute  as  to  report- 
ing and  registering.  39  L.R.A. (N.S.) 
1015. 

Physician's  private  records  or  memoranda 
as  evidence  of.     L.R.A. 1915F,  803. 

Admissibility  of  declarations  and  repute  on 
question  whetiier  child  was  born  dead 
or  alive.     L.R.A.1918D,  1085. 


BISULPHIDE. 


Liability  for  injury  to  employee  by  explo- 
sion of.    L.R.A.1918B,  864. 


BIT. 

Liability  of  master  for  injury  by  defect  in. 
L.R.A.1918D,  1141. 


BITCH. 

Charging   woman    with    being,    as    libel    or 
slander,  see  Libel  and  Slandeb,  §  12. 


BITTERS. 


As  intoxicating  liquor.     20  L.R.A.  647. 
Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.(N.S.)  .307. 


BLACKBOARD. 


Permitting  expert  witness  as  to  handwrit- 
ing and  typewriting  to  use  blackboard 
for  purpose  of  illustration.  L.R.A. 
1918D,  645. 


BLACKLISTING. 


Injunction  against,  see  Injunction,  §  17. 
Of  servant,  see  Master  and  Servant,  §  7. 


Of  dealer  as  libel. 
(N.S.)    783. 


49  L.R.A.  612;  8  L.R.A. 


♦  *» 


BLACKMAIL, 


Begin  uHth  this  booJe  on  every  law  question. 


Cruel  and  unusual  punishment  for.  L.R.A. 
1915C,  566. 

Charge  of  blackmailing  or  extortion  as  ac- 
tionable per  se.    6  B.  R.  C.  481. 


INDEX  TO  L.R.A.  NOTES. 


115 


BLACKSMITH. 

Validity  of  restrictive  agreement  ancillary 
to  sale  of  business  of.  24  L.R.A. 
(N.S.)   930;  L.R.A.1916C,  630. 


BliANK. 

§  1.  Generally. 

Filling   in   names   of  parties   left  blank   in 

deed,  see  Deeds,  §  19. 
See  also  Alteration  of  Instrument. 

For  name  in  certificate  of  acknowledgment. 
19  L.R.A.  279. 

In  warrant  of  attorney  to  confess  judg- 
ment.     13   L.R.A.    706. 

Leaving  blank  in  plat  as  a  dedication.  23 
L.R.A.(N.S.)    809. 

Paying  check  written  on  blank  of  another 
bank  as  negligence.  19  L.R.A. (N.S.) 
403. 

Eflect  of  unfilled  blank  in  shipping  receipt 
to  extend  initial  carrier's  undertaking 
beyond  its  own  line.  31  L.R.A. (N.S.) 
S8. 

Blanks  in  will  as  affecting  right  to  probate. 
34  L.R.A.(N.S.)    966. 

Validity  and  effect  of  deed  or  mortgage 
executed  in  blank  as  to  the  land  to  be 
conveyed.     L.R.A.1918A,  1155. 

Implied  authority  to  fill  in  name  of  grantee 
or  mortgagee  in  blank  left  for  that  pur- 
pose at  time  of  delivery.  38  L.R.A. 
(N.S.)    423. 

§  2.  Ill  bills,  notes,  or  checks. 

Effect  of  filling  blanks  in  note.  35  L.R.A. 
467. 

Check  indorsed  in  blank  as  subject  of  lar- 
ceny or  embezzlement.  42  L.R.A. 
"    (N.S.)    499. 

Effect  of  marginal  letter  or  figures  in  bill 
or  note  otherwise  blank  as  to  amount. 
2  L.R.A.(N.S.)    879. 

Implied  authority  to  fill  in  blank  for  place 
of  payment  in  note.  31  L.R.A. (N.S.) 
643. 

Implied  or  apparent  authority  to  insert 
date  in  blank  in  commercial  paper. 
L.R.A.1916F.   1266. 

Implied  or  apparent  authority  as  to  filling 
in  blank  left  for  the  name  of  the  payee 
in  commercial  paper.  L.R.A.1918D, 
1064. 

Liability  of  maker,  acceptor,  or  indorser  of 
commercial  paper  where  blanks  thereon 
are  filled  up  contrary  to  his  instruc- 
tions.    5  B.  R.  C.  702. 

Right  of  innocent  payee  to  recover  on  notes 
signed  in  blank  and  intrusted  to  third 
person  who  exceeds  his  authority  in 
filling  up  the  blanks  before  delivery  to 
pavee.  13  L.R.A. (N.S.)  490;  L.R.A. 
1915B,  144. 

§   3.  Indorsements  in. 

Trust  in  proceeds  of  collection  by  insolvent 
bank  as  against  suhagent's  claims  where 
indorspirent  is  in  blank.     32  L.T?  A.  721. 

•Consult  also  L.R.A.  Digests  of  Cases, 


BLANK— cont'd 

Character  of  liability  of  third  party  who 
indorses  his  name  in  blank  on  non- 
negotiable  paper  before  delivery. 
L.R.A.1916D,   223. 

Rights  of  owner  of  negotiable  paper  indorsed 
in  blank  as  against  bona  fide  purchaser 
from  one  unlawfully  in  possession. 
19   L.R.A.(N.S.)    107. 

Effect  of  blank  indorsement  to  impart  nego- 
tiability to  non-negotiable  instrument. 
26    L.R.A.(N.S.)     804. 

Effect  of  putting  non-negotiable  paper  or 
securities  indorsed  in  blank,  into  an- 
other's possession  to  estop  owner  as 
against  purchaser's  good  faith.  29 
L.R.A.(N.S.)    254. 


BLANKET   ALLOWANCE. 

For  overhead  charges  in  public  service  prop- 
erty valuations.    48  L.R.A. (N.S.)  1052. 


BLASPHEMY    AND    PROFANITY. 

Proof  of  corpus  delicti  in  prosecution  for. 

68  L.R.A.  56,  70-72. 
Blasphemy    and    profanity    as    crimes.      22 

L.R.A.  353. 
As    disturbance    of    the    public    peace.      32 

L.R.A.(N.S.)  505. 


BLASTING. 


§  1.  Generally. 

Injunction  against.     6  L.R.A.  570. 

Violating  ordinance  as  to,  as  ground  for  pri- 
vate action.     5  L.R.A. (N.S.)   260. 

Duty  of  those  engaged  in,  as  to  the  safety 
of   others.      17   L.R.A.   729.     ' 

Presumption  of  statutory  authority  of  rail- 
road company  to  commit  nuisance  by. 
70  L.R.A.  586. 

Liability  for  injury  to  person  or  property 
from  concussion  caused  by  blasting.  12 
L.R.A.(N.S.)  389;  27  L.R.A.(N.S.) 
425;  L.R.A.1915E,  356. 

Liability,  in  absence  of  negligence,  for  dam- 
ages to  land  or  buildings  from  substan- 
ces thrown  in  blasting.  17  L.R.A.  729; 
34  L.R.A.(N.S.)  211;  L.R.A.1917A, 
1016. 

Liability  for  injury  in  consequence  of  fright- 
ening horse  by  blasting.  36  L.R.A. 
(N.S.)    54. 

Municipal  liability  for  failure  to  prevent 
blasting.      42"  L.R.A. (N.S.)     864. 

Measure  of  damages  for  destruction  of,  or 
damage  to,  building  by  blasting.  L.R.A 
1917A,  371. 

§  2.  Master's  liability  to  servant  for 
injury  by. 

Liability  of  master  for  injuries  incident 
to  the  use  of  steel  tools  in  blasting. 
27  L.R.A.(N.S.)  982. 


116 


INDEX  TO  L.R.A.  NOTES. 


BLASTING— cont'd 

Duty  to  warn  servant  engaged  in  blasting 
of  dangers  therefrom.  19  L.R.A.{N.S.) 
997. 

Delegability  of  master's  duty  to  warn  serv- 
ant against  danger  from.  26  L.K.A. 
(N.S.)    640. 

Common  laborers  and  persons  engaged  in 
blasting  as  fellow  servants.  20  L.R.A. 
(N.S.)    1180. 

Imputing  to  master  coservant's  negligence 
as  to  inspection  incidental  to  details  of. 
54  L.RJV.  161. 

Master's  liability  for  vice  principal's  negli- 
gence in  work  of.    54  L.R.A.  133. 

Liability  of  master  fo-  injury  caused  by 
unexploded  charge  left  after  blasting. 
48  L.R.A. (N.S.)    931. 

Liability  of  master  for  injuries  due  to 
dangerous  condition  of  earth  and  rock 
left  after  blasting.  48  L.R.A. (N.S.) 
925. 

§  3.  liiability  for  acts  of  independent 
contractor. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in.     65  L.R.A.  644. 

Liability  for,  when  done  by  independent 
contractor.  14  L.R.A.  830;  65  L.R.A. 
753,  854. 

Liability  of  employer  for  negligence  of  inde- 
pendent contractor  in  the  performance 
of  contract  requiring  blasting.  14 
L.R.A.(N.S.)  913;  29  L.R.A.(N.S.)  851. 


BLASTING  POWDER. 

Keeping  of,   on   insured  premises.     L.R.A. 
1917C,  278. 


BlilND. 

Contributory  negligence  of  person  of  poor 
sight  in  street,  see  Highways,  §  98. 

Care   due  to.   in   ahsonoe  of   contract   rela- 

^="'1      P9  T-.R.A.  521. 
Duty  toward  blind  persons  as  to  condition 

of  streets.    L.R.A.1917C,  126. 
Duty  of  carrier  to  accept  blind  passenger. 

26   L.R.A.(N.S.)    172. 
Duty    of   carrier    to   blind    passenger.      38 

L.R.A.(N.S.)    564. 


BLIND  HORSE. 

Driving  blind  horse  as  negligence,  or  con- 
tributory negligence.  48  L.R.A. (N.S.) 
141. 


BLOCKADE. 


Liability  of  insurer  under  policy  of  marine 
insurance  for  losses  arising  out  of  state 
of  war.     5  B.  R.  C.  4. 

Begin  uHth  this  hook  on  every  law  question 


BLOCKING  SWITCHES. 

Want    of    blocking    at    switches,    see    Un- 
blocked   Switches. 


BLOCK   SIGNAL   OPERATORS. 

As  fellow  servants  of  trainmen,  see  Mastek 
AND  Sebvant,  §  149. 


BLOODHOUNDS. 


Evidence  of  trailing  by.     42  L.R.A.  432;  35 
L.R.A.(N.S.)   870;  L.R.A.1917E,  730. 


BLOOD  POISONING. 

Of  insured,  see  Insurance,  §  160. 

Liability  of  physician  called  to  reduce  frac- 
ture for  causing.     12  L.R.A. (N.S.)   752. 

Apprehpnsion  of,  as  basis  of  recovery  for 
mental   anguish.   20   L.R.A. (N.S.)    458. 

Following  personal  injury,  effect  on  re- 
covery.    48  L.R.A.  (N.S.)    98. 

Recovery  fo.-,  under  Workmen's  Compensa- 
tion Act.    L.R.A.1918F,  876. 


♦  * » 


BLOOD   RELATIONS. 

Who  are.     14  L.R.A.  342. 

♦•» 

BLOOD  VESSEL. 

Rupture  of,  as  accident  within  accident  in- 
surance policy.     19  L.R.A.{N.S.)   1206. 


BLOTS. 

On  official  ballot.     47  L.R.A.  819. 


BLOWING  OFF  STEAM. 

Liability   of   railroad   company   for    injury 
caused   by.      10   L.R.A.(N.S.)    387. 


BLUE  FLAG. 


Blue  flag  rule  as  affecting  contributory  neg- 
ligence of  employee  in  going  under  or 
between  cars  liable  to  be  moved  at  any 
time.    L.R.A.1918C,  380. 


BLUE  SKY  LAWS. 


Constitutionality  of.     L.R.A.1917F,  524. 


INDEX  TO  L.R.A.  NOTES. 


117 


BOARD. 

§  1.  Food  and  lodging. 

At  inn  or  hotel,  see  Innkeepers, 

See  also  Boabdebs  and  Boabding  Houses. 

Admissibility  of  books  of  account  to  prove 
charges  for  board.     52  L.R.A.  700. 

Implied  authority  of  agent  or  employee  to 
bind  principal  for.     L.R.A.1916B,  754. 

Payment  of  board  by  week  as  affecting  re- 
lation between  proprietor  of  hotel  and 
one  making  no  arrangement  as  to  time 
of    stay.      14    L.R.A.(N.S.)     476. 

Imprisonment  for  debt  for  beating  board 
bill.  21  L.R.A.(N.S.)  259;  L.R.A. 
1915B,  649. 

Right  of  married  woman  to  maintain  action 
for  board  of  third  person  living  in  the 
home.     46   L.R.A.  (N.S.)    238. 

§  2.  Public    bodies. 

Board  of  agriculture,  see  Boabd  of  AgbicuI/- 

TUBE. 

Board  of  trade,  see  Boabd  of  Trade. 

County  board,  see  Counties,  §  12. 

Of  health,  see  Health,  §  5. 

Of  equalization,  see  Taxes,  §  51. 

Delegation  of  power  to,  see  Constitutional 

Law,    §    15. 
Power   to   make   lease,   see   Landlobd   and 

Tenant,  §  12. 
Mandamus  to,  see  Mandamus,  §§  3-11. 

Powers  and  decisions  of  boards  under  Selec- 
tive Service  Act  of  May  18,  1917. 
L.R.A.1918E,   1018. 

Power  to  employ  attorney.  L.R.A.1917D, 
247. 

Parol  evidence  to  vary  or  supplement  min- 
utes of  public  body.  50  L.R.A. (N.S.) 
99. 

Validity  of  agreement  by  which  compensa- 
tion is  dependent  on  success  in  procur- 
ing a  contract  with.    L.R.A.1915C,  823. 

Injunction  against  action  of  public  boards 
under  unconstitutional  statute  as  affect- 
ed by  other  remedies.  8  L.R.A. (N.S.) 
127. 

Power  of  municipal  board  to  employ  one  of 
its  own  members  as  counsel  or  to  ren- 
der other  special  services.  3  L.R.A. 
(N.S.)    849. 

Liability  of  public  officer  for  wrongful  act 
of  corporate  board  of  which  he  is  a 
member.     5  L.R.A. (N.S.)    463. 

Right  of  board  of  municipality,  county,  or 
town  to  reconsider  action  as  to  al- 
lowance of  claim.  21  L.R.A. (N.S.) 
289. 

Power  of  board  to  appoint  officer  or  make 
contract  for  term  extending  beyond  its 
own  term.  29  L.R.A.  (N.S.)  652; 
L.R.A.1915E,  581. 

"Validity  of  agreement  by  which  compensa- 
tion is  dependent  on  success  in  procur- 
ing contract.     39  L.R.A. (N.S.)    747. 


BOARD  Bllili. 


Imprisonment  for  debt  for  beating  board 
bill.  2]  L.R.A.(N.S.)  259;  L.R.A. 
1915B,  649. 

■Consult  also  L.R.A.  Digests  of  Cases. 


BOARDERS  AND  BOARDING 
HOUSES. 

As  to  hotels,  see  Innkeepers. 

See  also  Board,  §  1. 

Liability  of  landlord  for  injury  to  guest  in 
boarding  house,  see  Landlord  and  Ten- 
ant, IV.  d,  4. 

Power  to  require  license  to  keep,  see  Li- 
cense, §  22b. 

Occupancy  of  boarding  house  by  servant.    4 

L.R.A. (N.S.)   703. 
Right  of  boarder  to  notice  to  redeem  from 

tax  sale.     44  L.R.A. (N.S.)    676. 
Right  to  claim  homestead  in  property  used 

as    boarding    house.      41    L.R.A. (N.S.) 

303. 
Constitutionality    of    statutory    regulations 

as    to    safety    and    sanitary    conditions 

of    boarding    house.      17    L.R.A. (N.S.) 

486. 
Use   of   railroad   right  of  way  for   purpose 

of,  as  against  owner  of  fee.     36  L.R.A, 

(N.S.)    517. 
Duty  and  liability  of  boarding-house  keeper 

with    respect   to   property    of    boarder. 

45   L.R.A.(N.S.)    31. 
Serving    liquor    with    meals    by    proprietor 

as  a  sale  thereof.    52  L.R.A. (N.S.)  722. 
Liability    of    innkeeper    or    boarding-house 

keeper  for  theft  from  boarder.     3  B.  R. 

C.  316. 
Who    is   a    boarding   house    keeper    within 

statute  giving  lien.     L.R.A.1918D,  402. 


#-•-• 

BOARDING   STABLE. 

See  LivEBY  Stable. 

^•» 


BOARD  OF  AGRICULTURE. 

Liability  of  state  board  of  agriculture  con- 
ducting fair  or  exposition  for  injury 
to  patron,     L.R.A.1915E,  469. 


BOARD  OF  EQUALIZATION. 

See  Taxes,  §  51. 


BOARD  OF  HEALTH. 

See  Health,  §  5. 

^•» 


BOARD  OF  TRADE. 

See  also  Stock  and  Pboduce  Exchange. 

Compulsory  service  by.     15  L.R.A.  322. 
Validity  of  rule  of  requiring  submission  of 
disputes     to     arbitration.      2     L.R.A. 

(N.S.)   672, 


118 


INDEX  TO  L.R.A,  NOTES. 


BOARD  OF  TRADE — cont'd 

Property    riglits    in    market    quotations.    7 

L.R.A.(N.S.)   889. 
Review    of    decisions   of,   against   members. 

49  L.R.A.  358,  361. 
Membership  in,  as  subject  of  taxation.     50 

L.R.A.  (N.S.)  255. 
Right  to  subsidize  enterprises.    L.R.A.1916B, 

1009. 


BOAT  LIVERY. 


Duty  and  liability  of  owner  of  boat  livery. 
L.R.A.1917F,  860. 


BODILY    INJURIES. 


See  Fkbsonal  Injuries. 


BODY  EXECUTION. 


See  Execution,  §  18. 


BOHEMIAN  OATS. 

Failure  of  executory  consideration  for  note 
given  for  Bohemian  oats  as  affecting 
purchaser  with  knowledge  of  tlie  char- 
acter of  the  consideration.  46  L.R.A. 
(N.S.)    873. 


BOILER. 

Nondelegability  of  duty  to  protect  servants 

from  defects  in.     54  L.R.A.  80. 
Duty    of    master    to   inspect    steam   boiler. 

41  L.R.A.  87. 
Master's  right  to  rely  on  inspection  of,  by 

public    authorities.      15    L.R.A. (N.S.) 

812. 


BOILER    SHOPS. 


Landlord's  liability  to  third  person  as  to 
condition  of.     26  L.R.A.  201. 


BOLT. 

Master's  liability  for  injuries  sustained  by 
servant  from  falling  over  bolt  project- 
ing from  floor.     19  L.R.A. (N.S.)   242. 


BOMB. 

Liability  for  injury  caused  by  placing  or  ex- 
ploding, in  highways.  3  L.R.A. (N.S.) 
759. 


BOMB— cont'd  ^ 

Liability  for  injury  to  children  from  bombs 

left     accessible    to     them.      14     L.R.A. 

(N.S.)    58G. 
As  daiijidoua  agency   for   injury  by  which, 

wlitMi  used  by  servant,  master  is  liable. 

10  L.R.A.(N.S.)   378,  397. 


BOMBARDMENT. 


Injury  received  by  employee  during  bom- 
bardment by  a  ship  of  the  enemy  as 
within  protection  of  the  Workmen's 
Compensation  Act.     L.R.A.1917D,   127. 


Begin  with  this  hook  on  every  law  quesUon. 


BONA    FIDE    HOLDER. 

§  1.  Generally. 

Of  bill  of  lading,  see  Bills  of  Lading,  §  2. 
Of  bill  or  note,  see  Bills  and  Notes,   §§ 

38-42. 
Of   accommodation    paper,    see    Bnxs    aito- 

Notes,  §  76. 
Of  bonds,  see  Bonds,  §  23. 
Of  check,  see  Checks,  §  6. 
Of  land,  see  Records  and  RECoRDiNa  Laws, 

TV.  b;  Vendor  and  Pubchaseb,  IV. 
Of  personalty,  see  Sale,  XI.  f. 
Liability  for  transferring  note  to,  so  as  to 

cut  off  defenses,  see  Bills  anb  Noths, 

§  33. 
Purchaser  at  judicial  sale  as,  see  Jubicial 

Sale,  §  12. 
Rights   of,   see   Bills   and   Notes,    §§   38- 

42;  Bonds,  §  23;  Sale,  §§71,  72. 

Who  is,  within  protection  of  statute,  of 
frauds.     31   L.R.A.  612. 

Who  are  bona  fide  purchasers  against  whom 
reformation  cannot  be  had.  88  L.R.A. 
(N.S.)    910. 

Lien  acquired  against,  by  service  of  notice 
in  supplementary  proceedings.  3 
L.R.A.  (N.S.)    129. 

Right  of  one  leaving  his  chattels  in  an- 
otlicr's  possession  to  claim  title  against 
the  latter's  vendees.  25  L.R.A. (N.S.) 
760. 

Transferee  of  chattels  in  satisfaction  of  pre- 
existing debt,  as  a  bona  fide  purchaser 
as  against  original  vendor,  from  whom- 
tliey  were  fraudulently  obtained  by 
transferrer.     35  L.R.A.  (N.S.)    1174. 

Rights  of  bona  fide  purchasers  from  execu- 
tor or  administrator  purchasing  at  kis 
own  sale.     L.R.A.1918B,  41. 

Right  of  bona  fide  purchaser  from  veadee 
of  goods  sold  for  cash  but  delivered 
without  payment.  13  L.R.A.  (N.S.) 
697,  700. 

Effect  of  claim  of,  on  liability  •{  ©ne  who 
signs  contract  by  adding  words  indicat- 
ing representative  capacity  t«  his  sig- 
nature.    42  L.R.A. (N.S.)    10. 

Right  of  bona  fide  holder  of  claim  to  take 
advantage  of  champerty.  3S  L.R.A. 
(N.S.)    519. 

Burden  of  proof  as  to  bona  fides  of  sub- 
vendee  irom  fraudulent  purchaser  of 
chattels.     8    L.R.A. (N.S.)    448. 


INDEX  TO  L.R.A.  NOTES. 


119 


BONA  FIDE  HOLDER— cont'd 

Burden  of  proof  as  to  bona  fides  of  trans- 
feree of  wareliouse  receipts  for  prop- 
erty secured  by  fraud.  10  L.R.A.  (N.S.) 
801. 

Eiglit  of  purchaser  of,  or  creditors  levying 
on,  goods  sold  for  cash  but  delivered 
without  payment.  47  L.R.A.(N.S.) 
173. 

§  2.  Of  corporate  stock. 

Of  bonus  stock.    38  L.R.A.  494. 

Who  entitled  to  protection  as  bona  fide 
purchasers  of  fraudulent  or  forged 
issue  of  stock.     19  L.R.A.  332. 

Liability  of  bona  iide  purchaser  of  corpo- 
rate stock  on  unpaid  subscription.  30 
L.R.A.(N.S.)    286. 

Effect  of  putting  non-negotiable  paper  or 
securities  indorsed  in  blank  into  an- 
other's possession  to  estop  owner  as 
against  purchaser  in  good  faith.  29 
L.R.A.(N.S.)   254. 


BONDHOLDERS— cont'd 

Dutv  of  corporate  promoters  to.    25  L.R.A. 

'99. 
Rights  of,  on  unauthori7ed  consolidation  of 

corporations.     52  L.R.A.  390. 


I. 
II. 


BONA    FIDE    RESIDENCE. 

Of  children  entitling  them  to  privileges  of 
public  schools.  26  L.R.A.  581;  61 
L.R.A.(N.S.)   234. 


BOND   FOR   TITLE. 

Executory  contracts  for  sale  of  real  prop- 
erty, generally,  see  Vendob  and  Pub- 
chaser,  I. 

Form  of  judgment  on.     62  L.R.A.  454. 

Contin£rP"'"v  of  claim  against  sureties  on. 
58  L.R.A.  86. 

Failure  of  consideration  as  ground  for  in- 
iunction  against  judgment  on.  31 
L.R.A.  751. 

Injvnction  against  collection  of  purchase 
money  where  title  to  land  is  defective 
and  purchaser  holds  by  title  bond.  7 
L.R.A. (N.S.)    449. 

Right  of  person  holding,  to  maintain  bill 
against  thirrl  person  to  remove  cloud. 
15  L.R.A.(N.S.)    413. 

Effect  of,  to  defeat  unconditional  and  sole 
ownership  of  insured.  2  L.R.A.(N.S.) 
512. 

Right  of  purchaser  under  title  bond  in  pos- 
session to  question  grantor's  right  to 
collect  purchase  money  on  failure  of 
consideration.    21  L.R.A. (N.S.)  380. 

May  one  who  takes  a  bond  for  conveyance 
of  property  from  a  third  person  to 
defraud  the  creditors  of  another  who 
had  the  legal  title  to  the  property,  but 
reported  it  to  be  in  such  third  person, 
invoke  the  doctrine  of  estoppel  against 
him.     13  L.R.A. (N.S.)    1118. 


#•» 


BONDHOLDERS. 

Rights  of.  generally,  see  Mobtgages,  §§  34, 

68.  72." 
Consult  also  L.R.A.  Digests  of  Cases. 


III. 


BONDS. 

In  general,   §§  1-5. 
For  inclemnity  and  security,  §§  6- 
16. 
a.  In  general,  §§  6-8. 
.  6.  Contractor's  bond,   §§  9-10. 

c.  For    fidelity    of    employees    or 

corporate  officers,  §11. 

d.  Of  puhlic  officers,  §§    12-15. 

e.  Of  pnhlic  depoFitary,  §  16.       > 
Commercial,       government,        and 

municipal  hands,  §§  17-27. 


I.  In  general. 

§  1.  Generally. 

Extent  of  recovery  on,  see  Damages,  §§  27- 
29. 

Estoppel  by,  see  Estoppel,  II. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §  99. 

Interest  on,  see  Interest,  §  3. 

Sale  of  bonds  given  as  collateral,  see  Pledge 
AND  Collateral  Security,  §  12. 

Plaintiff's  pleadings  in  action  on,  see  Plead- 
ing, §  21. 

For  general  principles  with  respect  to 
principal  and  sureties,  see  Principal 
AND  Surety. 

Release  of  sureties  on,  generally,  see  Prin- 
cipal and  Surety,  §§  10-18. 

Trustee's  liability  on,  see  Trusts,  §  29. 

Validity  of  bond  executed  by  an  infant. 
6  B.  R.  C.  115. 

Difference  between  bond  and  mortgage  af- 
fecting maturity.    46  L.R.A.  (N.S.)  475. 

Admissibility  of  parol  evidence  to  vary  con- 
tract in  favor  of  or  aeainst  a  stranger 
to  the  contract.    L.R.A.1916A,  601,  612. 

As  subject  of  gift.     26  L.R.A.  308. 

Removal  for  separable  controversy  of  ac- 
tion on.    5  L.R.A.(N.S.)  92. 

Addition  of  name  of  attesting  witness  to, 
as  an  alteration.  24  L.R.A.(N.S.) 
1155. 

Presumption  as  to  time  of  alteration  in. 
39  L.R.A.  (N.S.)   108. 

Relief  from  mistake  of  law  as  to  effect  of. 

28  L.R.A.  (N.S.)   804,  828. 
Necessity  of  notice  of  default  to  bind  guar- 
antor of  bond.    20  L.R.A.  258. 

Contingency  of  claim  on,  as  affecting  lim- 
itation of  time  for  presentation  against 
estate.     58  L.R.A,  86. 

Who  is  real  party  in  interest  by  whom  ac- 
tion must  be  brought.     64  L.R.A.  599. 

Effect  of  putting  bond  indorsed  in  blank 
in  possession  of  another  to  estop  own- 
er as  against  purchaser  in  good  faith. 

29  L.R.A.(N.S.)    256. 

Liability  for  failure  to  forward  bonded 
merchandise.     4  L.R.A.(N.S.)   1060. 


120 


INDEX  TO  L.R.A.  NOTES. 


BONDS,  I.— cont'd 
§  2.  Execution. 

Bail  bond,  see  Bail  and  Recognizance,  §  4. 

Signing  by  proxy.     22  L.R.A.  297. 

Guaranty  by  surety  of  other  signatures. 
49  L.R.k.  316. 

Effect  of  failure  of  sureties  to  justify  where 
replevin  bond  has  served  its  purpose. 
29  L.R.A.(N.S.)  751. 

Subscribing  one's  name  under  word  "surety" 
in  written  contract  as  satisfying  stat- 
ute of  frauds.     23  L.R.A.  (N.S.)    1197. 

Validity  of  mortgage  given  to  secure  im- 
perfectly executed  bond.  44  L.R.A. 
(N.S.)  1153. 

§  3.  —. failure  of  principal  obligor  to 
sign. 

Nature  of  surety's  engagement.     12  L.R.A. 

(N.S.)   1106. 
When  principal  is  independently  bound.    12 

L.R.A.(N.S.)    1106. 
Effect   of    form    of   obligation.      12    L.R.A. 

1118. 
Completion  after  delivery.    12  L.R.A.(N.S.) 

1119. 
Signatory's   intent   in  executing  bond.     12 

L.R.A.(N.S.)    1119. 
Pleading.     12   L.R.A. (N.S.)    1122. 
What  is  a  sufficient  execution  by  principal. 

12  L.R.A.(N.S.)    1123. 
Effect  of  principal's  signing  or  omitting  to 
sign    replevin   bond   which    has    served 
its  purpose.     29  L.R.A.(N.S.)    750. 

§  3a.  Failure  to  secure  all  sureties 
agreed  on. 

Execution    on    condition    that    other    shall 

sign.     45  L.R.A.  321. 
Breach  of  promise  to  surety  as  to  getting 

other  sureties.     45  L.R.A.  321. 
Effect    of    insufficient    number    of    sureties 

on  replevin  bond  which  has  served  its 

purpose.     29  L.R.A.(N.S.)   750. 

§  Sb.  Withdrawal  of  surety. 

Liability  for  causing  withdrawal  of  sure- 
ty from  bond.    42  L.R.A. (N.S.)  388, 

§  4.  Necessity   for  giving. 

Power  of  surety  company  to  act  as  guar- 
dian, etc.,-  without  bond.  48  L.R.A. 
589. 

Right  to  require  legatee  of  life  interest  in 
money  or  its  equivalent  to  give  secu- 
rity for  benefit  of  remaindermen.  23 
L.R.A.(N.S.)   716. 

§  5,  Form  of  judgment  on  penal  bonds. 

Under  English  statutes  and  decisions.     62 

*L.R.A.  427. 
Under  statutes  and  decisions  in  the  United 

States.    62  L.R.A.  433. 
Effect  of  improper  form.    62  L.R.A.  455. 

II.  For  indemnity  and  security, 
a.  In  general. 

§  6.  Generally. 

Bottomry  bond,  see  Bottomby. 

Extent  of  recovery  on,  see  Dahages,  III. 

b,  2. 


Begin  with  this  hook  on  every  law  question. 


BONDS,  II.  a— cont'd 

As  to  liquor  dealer's  bonds,  see  Intoxicat- 

I.NG    LiQUOBS,    §§"17,    18. 
Holders   of   bond  secured  by  mortgage,   see 

Moktoage,  §   34. 
Bonds  of  receiver,  see  Receivebs,  §  lOi 

Joinder  of  parties  in  action  on  bond  with 
alternative  allegations  as  to  liability. 
51  L.R.A. (N.S.)    640. 

When  statute  begins  to  run  against  action 
by  private  person  based  on  breach  of 
duty  by  ])ublic  offic-er  in  taking  invalid 
or  insufficient  bond.  52  L.R.A. (N.S.) 
709. 

Penalty  as  limit  of  liability  on.  55  L.R.A. 
394. 

Average  bond;  jurisdiction  of  admiralty  as 
to.     66  L.R.A.  235. 

Form  of  judgment  on  indemnity  bond.  62 
L.R.A.  446. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void  in 
law.     4  B.  R.  C.  663. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  a  bond  required  by  statute. 
L.R.A.1917B,  990. 

Validitv  of  bond  executed  by  infant.  6  B. 
R.'C.  115. 

Validity  and  effect  of  indemnity  bond  exe- 
cuted under  unconstitutional  statute. 
L.R.A.1918C,  834. 

Validity  and  enforceability  of  bond  to  one 
spouse,  conditioned  for  maintenance  of 
family  relation  or  proper  conduct  of 
other  spouse.    L.R.A.1917D,  445. 

Exacting  bond  for  production  of  child  as 
condition  of  awarding  custody  to  one 
parent  as  against  other.  L.R.A.1915A, 
576. 

Right  to  require  bond  of  one  operating  jit- 
ney bus.  L.R.A.1915F,  842;  L.R.A. 
1916B,  1158;  L.R.A.1918B,  914;  L.R.A, 
1918F,  475. 

Of  owner  of  public  ferry.     68  L.R.A.  160. 

Effect  upon  lien  of  mortgage  of  entry  of 
judgment  upon  bonds  secured  thereby. 
24   L.R.A. (N.S.)    1095. 

Effect  on  surety  of  judgment  against  princi- 
pal. 40  L.R.A.(N.S.)  723;  L.R.A. 
1918E,  814. 

Injunction  against  enforcing  marriage  brok- 
erage bonds.     48  L.R.A.  843. 

Warehouseman's   bond.     L.R.A.1918E,    235. 

§  7.  Of  person  acting  In  representative 
capacity. 

Of  assignee  for  creditors,  see  Assignment 

FOB  Creditobs,  §  13. 
Of  personal  representative,  see  Executobs 

AND  Administbatobs,  §§  11,  26,  27. 
Of    guardian,    see    Guabdian    and    Wabd, 

§§  11-13. 

§  8.  In  legal  proceedings. 

On  appeal,  see  Appeal  and  Ebbob,  §§  16,  17, 
46. 

As  to  attachment  bonds,  see  Attachment, 
§  17. 

As  to  bail  bonds,  see  Bail  and  Recogni- 
zance. 

In  bastardy  proceedings,  see  Bastabdy,  §  5. 

In  certiorari  proceedings,  see  Cebtiobabi, 
5. 


INDEX  TO  L.R.A.  NOTES. 


121 


BONDS,  II.  a— cont'd 

Forthcoming  bond,  see  Foethcominq  Bond. 

Injunction  bonds,  see  Injunction,   §§   85- 

87. 
On  removal  of  cause  to  Federal  court,  see 

Eemoval  of  Causes,  §  15. 
In  replevin,  see  Replevin,  §§  12,  13. 

Filing  bond  to  secure  release  of  property  as 
an  appearance.    L.R.A.1916F,  587. 

Liability  of  sureties  on  bond  in  judicial  pro- 
ceedings, where  judgment  is  in  favor  of 
one  principal  and  against  another.  51 
L.R.A.(N.S.)   G55. 

What  constitutes  breach  on  ne  exeat  bond. 
20   L.R.A.(N.S.)    76. 

Who  is  real  party  in  interest  by  whom  ac- 
tion must  be  brought  on  bond  given 
in  judicial  or  other  proceedings.  64 
L.R.A.  605. 

What  conduct  will  work  a  forfeiture  of  a 
peace  bond.    40  L.R.A.  (N.S.)  186. 

6.  Contractor's  bond. 

§  9.  Generally. 

Effect  of  insertion  of  unauthorized  provi- 
sions in.     L.R.A.1917B,  990. 
Contractor's  bond  for  the  payment  of  claims 
for  labor  and  material  as  a  contract  of 
indemnity  against  liability,  or  against 
loss.    L.R.A.1918D,  1074. 
Right  of  citizen  to  enforce  contractor's  bond 
taken  for  benefit  of  public.     49  L.R.A. 
(N.S.)   1175. 
Penalty  as  limit  of  liability  on.     55  L.R.A. 

593. 
Condition  against  taking  effect  until  signed 

by  others.     45  L.R.A.  332. 
Discretion  as  to  bond  of  bidder  for  public 

contract.      38   L.R.A.(N.S.)    664. 
Release  of   surety   on  building  contractor's 
bond  by  making  payments  not  author- 
ized  by  the  contract.     5  L.R.A.(N.S.) 
418;  L.R.A.1915B,  407. 
Right   of    surety    on    contractor's    bond    as 
against  assignee  of  fund.     L.R.A. 
1918D,  736. 
Sureties     who     perform     contract     on 
abandonment     by     contractor.     14 
L.R.A.(N.S.)      457;      L.R.A.1918A, 
937. 
Right  of  surety  upon  contractor's  bond  to 
have  payments  made  by  contractor  ap- 
plied   to    the    contract.      L.R.A.1917C, 
637. 
Liability  of  public  for  failure  to  take  bond, 
or  for  taking  insufficient  bond,  from 
contractor,     conditioned    for     pay- 
ment of  claims  of  subcontractors, 
materialmen,  and  laborers.    L.R.A. 
1915F,  629. 
Liability     upon     contractor's    bond     which 
undertakes  to  indemnify  owner  against 
liability     for     injuries     to    employees, 
where    the    injury    is    due    to    owner's 
negligence.     11  L.R.A.  (N.S.)    1173. 
Consult  also  L.R.A.  Digests  of  Cases. 


BONDS,  II.  b— cont'd 

Does  bond  of  highway  contractor  cover  per- 
sonal injuries  to  members  of  public. 
34  L.R.A.  (N.S.)    152. 

Renewal  of  contract  under  option  as  extend- 
ing the  undertaking  of  a  surety  for 
the  performance  of  the  contract.  41 
L.R.A.(N.S.)    422. 

§   10.  Liiability  for  labor  and  materials. 

Constitutionality  of  statute  requiring  bond 
to  protect  laborers  and  materialmen 
upon  entering  into  a  building  contract. 
L.R.A.1918A,  1199. 

Contractor's  bonds  as  substitutes  for  me- 
chanics' liens.     27  L.R.A. (N.S.)   579. 

Does  building  contractor's  bond  indemnify 
owner  against  mechanics'  liens,  when 
not  expressly  mentioned.  24  L.R.A. 
(N.S.)    1075. 

Right  of  subcontractor,  materialman,  or  la- 
borer to  maintain  action  on  bond  taken 
for  benefit  of  public.  49  L.R.A. (N.S.) 
1175. 

Right  of  subcontractor,  materialman,  or 
laborer  to  maintain  action  on  contract- 
or's bond  to  owner.  27  L.R.A. (N.S.) 
573;  L.R.A.1915A,  768. 

Applicability  to  public  bodies  of  statute  re- 
quiring building,  contractor's  bond  for 
protection  of  subcontractors,  laborers, 
etc.     50  L.R.A. (N.S.)   469. 

Implied  power  to  incorporate  in  contract- 
or's bond  a  requirement  that  the  con- 
tractor shall  pay  laborers  and  material- 
men. 11  L.R.A.(N.S.)  1028;  46  L.R.A. 
(N.S.)    325. 

Liability  of  public  for  failure  to  take  bond 
or  for  taking  insufficient  bond  from  con- 
tractor conditioned  for  payment  of 
claims  of  subcontractors,  materialmen 
and  laborers.     L.R.A.1915F,  629. 

Personal  liability  of  public  officer  for  failure 
to  take  bond,  or  for  taking  insufficient 
bond,  from  contractor,  conditioned  for 
payment  of  claims  of  subcontractors, 
materialmen,  and  laborers.  49  L.R.A. 
(N.S.)    1199. 

Liability  of  sureties  on  contractor's  bond  to 
laborers  or  materialmen  not  entitled  to 
a  lien,  when  bond  is  conditioned  against 
liens  or  claims.     9  L.R.A,(N.S.)   889. 

Effect  of  invalidity  of  contract  for  public 
work  upon  the  liability  of  the  contract- 
or's bondsmen  for  material,  etc.,  fur- 
nished in  carrying  out  the  contract. 
13  L.R.A.(N.S.)    793. 

Effect  of  surrender  or  discharge,  by  owner 
of  property,  of  bond  given  by  contractor 
conditioned  for  the  payment  of  ma- 
terialmen and  laborers  upon  the  right 
of  the  latter  to  recover  thereon.  18 
L.R.A.(N.S.)  455. 

Nature  of  labor  or  materials  which  will 
support  an  action  upon  a  contrac- 
tor's bond.  43  L.R.A. (N.S.)  162: 
L.R.A.1915F,  951. 

Liability  on  contractor's  bond  for  labor  or 
material  employed  in  the  work,  but  not 
by  order  of  the  principal.  43  L.R^» 
(N.S.)    65. 


122 


INDEX  TO  L.R.A.  NOTES. 


BONDS,  II.— cont'd. 

<j.  For    fidelity    of    employees    or    cor- 
porate ofjicers. 

§11.  Generally. 

Effect  of  insertion  of  unauthorized  provi- 
sions in.     L.R.A.1917B,  990. 

Guaranty  of  fidelity  of  employees  as  in- 
surance.   47  L.R.A.(N.S.)  294. 

Discharge  of  surety  on  fidelity  obligation 
by  failure  of  employer  to  discover  de- 
linquency or  to  notify  surety  thereof 
within  the  time  specified  in  the  obliga- 
tion.    L.R.A.1916F,  715. 

Failure  of  foreign  corporation  to  comply 
with  conditions  of  doing  business  in 
the  state  as  defense  to  action  by  it  on 
bond  of  officer  or  agent.  L.R.A.1916A, 
649. 

Condition  against  taking  efTect  until  signed 
by  others.    45  L.R.A.  333. 

Liability  of  surety  in  case  of  fraud  of 
obligee.     21  L.R.A.  412. 

Duty,  of  obligee  in  fidelity  bond  to  disclose 
prior  defalcation  to  sureties  in  the  ab- 
sence of  any  inquiry  in  regard  thereto. 
12  L.R.A.  (N.S.)   247. 

Right  of  beneficiary  in  bond  insuring  fidelity 
of  officer  or  employee  to  repudiate  au- 
thority of  person  who  made  the  repre- 
sentations in  reliance  upon  which  the 
bond  was  issued.     7  L.R.A. (N.S.)    549. 

What  constitutes  a  verification  of  accounts 
as  required  by  fidelity  bond  or  contract. 
10  L.R.A.(N.S.)   323. 

Effect  upon  bond  conditioned  for  fidelity 
of  employee  or  agent,  of  a  change  in 
the  latter's  field  of  operation  or  the 
nature  of  his  duties.  28  L.R.A.(N.S.) 
463;  36  L.R.A. (N.S.)   1152. 

Liability  of  surety  under  fidelity  bond  for 
defalcation  subsequent  to  a  reappoint- 
ment of  the  officer  or  employee,  made 
before  expiration  of  the  original  term, 
or  during  an  indefinite  term.  11  L.R.A. 
(N.S.)    493. 

Character  of  and  rules  governing  contracts 
by  corporations  engaged  for  profit  in 
business  of  guarantying  the  fidelity  or 
contracts  of  other  persons.  33  L.R.A. 
(N.S.)    513. 

Admissibility  against  sureties  on  bond  of 
statements  by  principal  after  expira- 
tion of  term  of  employment.  40  L.R.A. 
(N.S.)    662. 

d.  Of  public  ofjlcera. 
§  12.  Generally. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  51a. 

Liability  of  officers,  generally,  see  Offi- 
CEBS,  §§  38-42. 

Failure  of  officer  to  give  proper  bond  as  af- 
fecting his  status  as  a  de  facto  officer. 
L.R.A.1918B.  1124. 

Liability  of  judicial  officer  for  taking  in- 
sufficient bond  from  sheriff.  44  L°R  A 
(N.S.)    175. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  bond.     L.R.A.1917B,  990. 


Begin  with  this  book  on  every  Into  question 


,  BONDS,  II.  d— cont'd 

Right  of  sureties  of  public  officer  who  made 
good  a  loss  occasioned  by  their  princi- 
pal's default  or  misconduct,  to  be  sub- 
rogated to  the  rights  of  the  pledgee  or 
beneficiary  of  the  bond  against  a  third 
person.     46  L.R.A. (N.S.)    557. 

Liability  upon  bond  given  by  public  officer 
from  whom  no  bond  is  required.  50 
L.R.A. (N.S.)    ]060. 

Penalty  as  limit  of  liability  on  bonds  of 
public  officers  generally.  55  L.R.A. 
393. 

Condition  against  taking  effect  until  signed 
by  others.     45  L.R.A.  335. 

Effect  of  delivery  of  official  bond  unsigned 
by  principal  obligor.  12  L.R.A.(N.S.) 
1108. 

Form  of  judgment  on.     62  L.R.A.  448. 

Vacancy  in  office  by  failure  to  file  bond 
within  time  prescribed.     16  L.R.A.  140. 

Liability  of  surety  in  case  of  fraud  of 
obligee.     21   L.R.A.  413, 

Exemption  of  homestead  from  liability  on. 
24  L.R.A.  790. 

Who  is  real  party  in  interest  by  whom  ae- 
tion  on  bond  must  be  brought.  64 
L.R.A.  607. 

May  a  bond  of  public  official,  intended  as  a 
statutory  bond,  but  not  binding  as 
such,  be  enforced  as  a  common-law 
bond.    21  L.R.A.(N.S.)  766. 

Right  of  sureties  who  have  made  good  a 
loss  occasioned  by  their  principal's  de- 
fault or  misconduct,  to  be  subrogated 
to  the  rights  of  the  obligee  or  benefici- 
ary of  the  bond  against  a  third  person. 
14  L.R.A.(N.S.)    155. 

Right  to  interest  on  official  bonds.  28 
L.R.A.(N.S.)   11. 

Liability  of  bond  of  public  officer  for  inter- 
est received  on  public  money.  30  L.R.A. 
(N.S.)    855. 

Admissibility  against  sureties  of  statements 
by  principal  after  expiration  of  term 
of  office.     40  L.R.A. (N.S.)    662. 

Effect  on  surety  of  judgment  against  princi- 
pal. 52  L.R.A.  165;  40  L.R.A.(N.S.) 
704,  732. 

§  13.  For  what  liable. 

Liability  for  false  imprisonment,  see  False 
Impbisonment,  §  8. 

Suits  on  official  bonds  for  trespasses  or  un- 
authorized acts  of  officer  dene 
colore  officii.     21  L.R.A.  738. 

Liability  on  official  bond  for  making  arrest. 
51  L.R.A.  222;  33  L.R.A. (N.S.)  275. 

Liability  on  bond  of  peace  officer  for  shoot- 
ing a  person  while  attempting  to  arrest 
him.     51  L.R.A.(N.S.)    1179. 

Liability  of  sureties  on  the  bond  of  a  peace 
officer  for  the  death  of  a  person  due  to 
the  act  or  default  of  the  principal  or 
one  of  his  deputies.  11  L.R.A.(N.S.) 
758. 

Liability  of  sureties  on  bond  of  peace  of- 
ficer for  latter's  act  in  killing  or  injur- 
ing one  person  while  attempting  to  exe- 
cute criminal  process  against  another. 
29  L.R.A.(N.S.)   463.       " 


INDEX  TO  L.R.A.  NOTES. 


123 


BONDS,  II.  d— cont'd 

Liability  of  sureties  on  constable's  bond  for 
assault  made  in  serving  or  executing 
tivil  writ  or  process.  8  L.R.A.  (N.S.) 
1223. 

Liability  of  bondsmen  of  peace  officer  for 
acts  of  latter  in  respect  of  property 
taken  from  prisoner.  37  L.R.A. (N.S.) 
873. 

Liability  of  officer's  bond  for  failure  to 
return  money  deposited  to  avoid  exe- 
cution  of  writ.     39   L.R.A. (N.S.)    577. 

Liability  on  official  bond  for  loss  of  money 
by  theft  or  bank  failure.  22  L.R.A. 
449. 

Liability  <hi  bond  of  public  officer  for  inter- 
est received  by  him  on  public  money. 
L.R.A.1918B,  811. 

Liability  of  public  officer's  bondsmen  to  pub- 
lic corporation  for  ?M)ney  received  or 
collected  by  him  without  authority. 
L.R.A.1918C,  397. 

Liability  of  a  postmaster  or  his  sureties  for 
illegal  acts  done  in  accordance  with  di- 
rections of  a  superior  officer.  24  L.R.A. 
(N.S.)   309. 

Liability  of  sureties  on  bonds  for  lost  or 
stolen  mail.     L.R.A.1915A,  379. 

Liability  of  public  officer  to  sureties  of  an- 
other public  officer  for  loss  sustained 
by  them  through  former's  neglect  to 
require  proper  settlement  of  accounts. 
28  L.R.A.(N.S.)   115. 

Liability  of  tax  officers  or  their  bond  for 
failure  of  tax  purchaser's  title  on 
account  of  irregularities  in  pro- 
cedure.    41   L.R.A.(N.S.)    967. 

-Constitutionality  of  statute  releasing  pub- 
lic officer  or  his  surety  from  liability 
for  loss  of  public  fund.  41  L.R.A. 
(N.S.)    97. 

Liability  on  official  bond  for  improperly  is- 
suing marriage  license  or  performing 
marriage  ceremony.     L.R.A.1917E,  868 

§  14.  —  Jiability  for  acts  before  or 
after  term. 

Liability  of  sureties  on  bond  of  public  offi- 
cer for  default  of  principal  during  prior 
term.    23  L.R.A.(N.S.)  131. 
Extension  of  liability  on  official  bond  while 
officer  is  holding  over  after  expir- 
ation of  regular  term.     35  L.R.A. 
SB. 

^15.  Effect  against  surety  of  judgment 
against  officer. 

Effect  against  surety  of  judgment  against 
officer.  52  L.R.A.  165;  40  L.R.A.(N.S.) 
704;  L.R.A.1918E,  816. 

e.  Of  puhlie  depositary. 

§16.  Generally. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  51a. 

Liability  of  sureties  on  bond  of  bank  as 
depository  of  public  funds  as  affected 
by  acquiescence  or  connivance  of  pub- 
lic officials  in  misuse  of  the  funds.  28 
L.R.A. (N.S.)    865. 

•Consult  also  L.R.A.  Digests  of  Cases. 


BONDS— cont'd 

III.  Commercial,  government,  and  mu- 
nicipal bonds. 

§   17.  Generally. 

Estoppel  to  deny  validity  of  bond,  see  Es-    C^,  >-^ 

TOPPEL,    §    2.  .  '' 

Liability   to   levy,   see   Levy  and   Seizure, 

§  3. 
Rights  of  life  tenant  as  to,  see  Lirs  Tenant, 

§  6. 
Holders  of  bonds  secured  by  mortgage,  see 

Mortgage,  §§  34,  68,  72. 
Of  school  (i    trict,  see  Schools,  §  34. 
Investments     by     trustee     in     government,       i^ 

municipal,     or     corporate     bonds,     see 

Trusts,  §  26a. 
Bequest  of  bonds,  see  Wills,  §  128. 

Bequest  of  bonds  as  general  or  specific.  11 
L.R.A.  (N.S.)    49. 

Stock  as  bonus  to  purchasers  of  bonds.  38 
L.R.A.  493. 

Specific  performance  of  contract  as  to. 
L.R.A.1918E,  628. 

Ratification  by  public  corporation  of  bonds 
illegally  issued.     L.R.A.ini5A,   1023. 

Mandamus  to  compel  issuance  of  bonds  of   '"^^ 
municipality   or   other   public   corpora- 
tion.    L.R.A.1918C,  414. 

Refunding    bonds    as    indebtedness    within  u-- 
meaning     of     debt     Limit     provisions. 
L.R.A.1917E,  451. 

Constitutionality  of  Blue  Sky  Laws.  L.R.A. 
1917F,  524. 

Right  of  railroad  company  to  guarantee  the 
bonds  of  another  railroad  company. 
L.R.A.1918D,  175. 

Liability  of  agent  to  true  owner  for  selling 
or  disposing  of  bonds  or  coupons  in- 
trusted to  him  by  his  principal.  50 
L.R.A. (N.S.)    58. 

Amortization  of  amounts  paid  for  discount 
and  premiums  upon  bond  issues  in  esti- 
mating return  of  a  public  service  cor- 
poration for  rate-making  purposes.  52 
L.R.A.(N.S.)  50. 

Exercise  of  option  to  retire,  before  ma- 
turity as  stopping  interest.  43  L.R.A. 
(N.S.)  1146. 

Application  to  suit  on  bond  of  statute  or 
ordinance  requiring  notice  or  presenta- 
tion of  claim  as  a  condition  of  mu- 
nicipal liability.     50  L.R.A. (N.S.)   188. 

Measure  of  damages  for  conversion  of 
pledged  bonds  by  invalid  sale.  43 
L.R.A.  768. 

Statutes  legalizing  or  validating  municipal 
bonds.    27  L.R.A.  607. 

Holders    as    necessary    parties    to    proceed-  ^ 
ings  to  invalidate  municipal  bonds.     3 
L.R.A. (N.S.)   256. 

Corporate  bonds   as   subject  of   attachment  • 
as  tangible  property.     36  L.R.A. (N.S.) 
421. 

Right  of  taxpayer,   in   absence  of   statute,  * 
to  enjoin   issuance  or  pavment  of  mu- 
nicipal bonds.     36  L.R.A!(N.S.)    3. 

Respective  rights  of  life  tenant  and  re- 
mainderman in  distributions  by  corpo- 
ration in  form  of  bonds  of  declaring 
corporation.     12  L.R.A. (N.S.)    812. 


V^ 


1^ 


124 


INDEX  TO  L.R.A.  NOTES. 


BONDS,  III.— cont'd 

Refunding    bonds    as    indebtedness    within 

meaning  of  debt   limit  provisions.     37 

L.R.A.(N.S.)    1099. 
Proof  of,  under  bankruptcy  act.    54  L.R.A. 

373. 
Liability    of    government    or    other    public 
body  for  its  own  obligations,  stolen 
from  it.     39  L.R.A.(N.S.)   444. 
Federal  courts  following  state  decisions  as 

to    municipal    and    county    bonds.      40 

L.R.A.(N.S.)   407. 

§  19.  For  what  purpose. 

Object  or  purposes  that  may  be  combined 
in  a  single  question  as  to  tlie  issuance 
of  bonds  submitted  to  voters  of  a  mu- 
nicipality.    26  L.R.A.(N.S.)    665. 

Issue  of  bonds  in  payment  of  municipal 
waterworks.     61  L.R.A.  49. 

§  20.  —aid  to  railroad. 

Railroad's  failure  to  comply  with  conditions 
on  which  railroad  aid  bonds  were  issued 
as  a  defense  to  them  in  hands  of  bona 
ilde  purchaser.      19   L.R.A.  (N.S.)    849. 

Power  to  authorize  county  or  other  political 
division  to  acquire  or  operate  railroad 
or  street  railway  as  affected  by  restric- 
tion on  power  to  aid  private  enter- 
prises.    28  L.R.A.(N.S.)    412. 

Right  of  taxpayer,  in  absence  of  stat- 
ute, to  enjoin  issuance  or  payment  of 
railroad  aid  bonds  by  municipality.  36 
L.R.A.(N.S.)   3. 

g  21.  Majority  essential  to  issuance  of. 

On  what  basis  majority  essential  to  adop- 
tion of  proposition  for  issuing  munici- 
pal bonds  is  to  be  computed.  22  L.R.A. 
(N.S.)  478. 

§  22.  Conditions  and  regulations  of 
issuance. 

Accrued  interest  as  part  of  par  value  with- 
in prohibition  against  sale  of  bonds  at 
less  than   par.     35   L.R.A.{N.S.)    789. 

Issuance  of  bonds  at  less  than  par  as  usury. 
35  L.R.A.(N.S.)  1106. 

Payment  of  commissions  for  sales  of  bonds 
as  violating  requirement  that  bonds 
shall  not  be  sold  for  less  than  par.  39 
L.R.A.(N.S.)   248. 

Failure  of  railroad  to  comply  with  condi- 
tions on  which  railroad  aid  bonds  were 
issued  as  a  defense  to  them  in  hands  of 
of  a  bona  fide  holder.  19  L.R.A.(N.S.) 
849. 

Payable  in  gold  coin.    29  L.R.A.  522. 

Power  and  duty  of  public  authorities  to 
control  the  issuance  of  securities  by 
public  service  corporations.  45  L.R.A. 
(N.S.)    629;  47  L.R.A.(N.S.)    1167. 

May  a  corporation  issue  bonds  in  payment 
of,  or  as  security  for,  its  antecedent 
debts,  under  statute  prohibiting  issue 
except  for  money,  labor  done,  or  proper- 
ty actually  received.    L.R.A.1916E,  570. 

§  23.  Rights  of  bona  flde  holders. 

Effect  of  putting  bond  indorsed  in  blank 
into  another's  possession  to  estop  owner 
as  against  purchaser  in  good  faith.  29 
L.R.A.(N.S.)   256. 


BONDS,  III.— cont'd 

Estoppel  to  deny  validity  of  bonds.  L.R.A.. 
1915A,  976. 

Rights  and  remedies  where  bonds  of  a  pub- 
lic corporation  are  invalid.  L.RA. 
1915A,  904. 

Failure  of  railroad  to  comply  with  condi- 
tions on  which  railroad  aid  bonds  were 
issued  as  a  defense  to  them  in  hands  of 
bona  fide  holder.    19  L.R.A. (N.S.)  849. 

§24.  Pledgee's  authority  to  sell. 

See  Pledge  and  Collatebax,  Security,  §  12^ 

§  25.  Actions  and  defenses. 

Estoppel  by  bond,  see  Estoppel,  §§  2,  3. 
Right  of  holder  of  past-due  corporate  bonds 
or  coupons  to  maintain  action  at 
law  thereon  as  affected  by  provi- 
sions of  trust  deed  authorizing  pro- 
ceedings by  trustee.  49  L.R.A. 
(N.S.)  155. 
Right  of  bondholder  to  sue  for  enforcement 

of  trust  deed.     20  L.R.A.  535. 
When  limitation  begins  to  run  against  ac- 
tion   on   municipal   bonds   representing 
funded  indebtedness.     16  L.R.A. (N.S.) 
803. 
Defense    against    negotiable    bonds    trans- 
ferred after  maturity.     46  L.R.A.  810. 
Failure  of  railroad  to  comply  with  condi- 
tions on  which  railroad  aid  bonds  were 
issued  as   a  defense  to  them   in  hands 
of  bona  fide  holder.     19  L.R.A.(N.S.) 
849. 

§26.  Taxation  of. 

Taxation  of,  generally,  see  Taxes,  §  23. 

Applicability  of  general  tax  exemptions  ta 
inheritance  or  succession  tax  on  United 
States   bonds.      23   L.R.A. (N.S.)    1208. 

Mandatory  injunction  to  compel  reception 
of  coupons  for  taxes.     20  L.R.A.  167. 

§  27.  Coupons. 

Liability  of  county  on.  17  L.R.A.(N.S.) 
556. 

Validity  of  agreement  to  pay  interest  on 
interest  coupons.    33  L.R.A.  (N.S.)  296. 

Mandatory  injunction  to  compel  reception 
of  coupons  for  taxes.    20  L.RA..  167. 

Right  of  detached  coupons  to  benefit  of 
mortgage  securing  bonds.  43  L.R.A. 
(N.S.)  82. 

Right  of  holder  of  past-due  coupons  ta 
maintain  action  at  law  thereon  as  af- 
fected by  provisions  of  trust  deed 
authorizing  proceedings  by  trustee.  .  49' 
L.R.A.(N.S.)    155. 


Begin  ivith  this  hooTc  on  every  laio  qttestion. 


BONUS. 

Stock,  see  Cobpobations,  §  68. 

To  secure  location  of  county  seat,  as  brib- 
ery.   15  L.R.A.  501. 

Right  of  directors  to  vote  bonus  to  oflBcers 
as  compensation  for  services.  L.R.A» 
1915D,  632. 


INDEX  TO  L.R.A.  NOTES. 


125 


BONUS — cont'd 

Secret  bonus  to  officer  or  director  of  corpora- 
tion as  aflFecting  right  to  enforce  con- 
tract against  corporation.  7  L.R.A. 
(N.S.)   467. 

Liability  of  promoters  of  corporation  to 
bonus   givers.      18    L.R.A. (N.S.)     1119. 

Trustee's  right  to  retain  bonus  received 
from  third  person.  37  L.R.A. (N.S.) 
923. 

Agreements  for  commissions,  bonuses,  etc., 
in  favor  of  mortgagee  as  clogs  on  equity 
of  redemption.    6  B.  R.  C.  442 

Payment  of  bonus  by  stranger  as  usury. 
L.R.A.1917F,-923. 

Payment  of  illegal  bonus  for  discharge  of 
mortgage  pending  foreclosure,  as  duress. 
2  L.R.A.(N.S.)    574. 

Right  to  service  reward  or  bonus,  of  serv- 
ant discliarged  without  cause  before 
stipulated  term  of  service.  44  L.R.A. 
(N.S.)    1214. 

Liability  of  one  party  to  a  contract  or  trans- 
action to  the  other  because  of  bonus 
allowed  by  the  former  to  the  latter's 
agent.     49  L.R.A. (N.S.)    101. 


^♦» 


BOOK    ACCOUNTS. 

See  AocorxTB. 

♦•» 


BOOK   CANVASSERS. 

Book  canvassers   as   peddlers   or  hawkers. 
L.R.A.1916B,    1299. 


BOOItKEEPER. 


Attorney's  implied  power  to  bind  client 
for  fees  of.     23  L.R.A. (N.S.)    704. 

Entries  in  account  books  by,  as  evidence. 
52  L.R.A.  562,  593. 

Admissibility,  on  testimony  of  bookkeeper, 
of  entries  in  party's  books  of  account 
based  on  oral  or  written  statements 
by  others.     36  L.R.A. (N.S.)    899. 


BOOKKEEPING. 


Power  to  prescribe  teaching  of,  in  public 
schools.    47  L.R.A.  (N.S.)  202. 


BOOKMAKIN6. 

See  Gaming,  II. 

» « » 


BOOKS. 

§   1.  Generally. 

Account  books,  see  Account  Books. 
As  to  copyrights,  see  Copyrights. 
Consult  also  L.B.A.  Digests  of  Cases. 


BOOKS— cont'd 

As  evidence,  see  Evidence,  V. 

Text-books,  see  Schools,  §  36. 

Use  of  scientific  and  technical  books  by  coun- 
sel in  arguing  to  jury.  L.R.A.1918D, 
81. 

Sale  of  books  upon  school  property  or  by 
persons  connected  with  schools.  L.R.A. 
191 5C,  624. 

As  baggage.     41  L.R.A.(N.S.)   371. 

Common-law  rights  of  authors  and  others 
in  intellectual  productions.  51  L.R.A. 
353;  43  L.R.A.  (N.S.)   639. 

What  misrepresentation  will  afford  ground 
for  rescinding  a  sale  of  books  or  a  de- 
fense to  an  action  for  their  purchase 
price.     22  L.R.A.  (N.S.)    1210. 

Right  to  fix  retail  price  of  book  as  inci- 
dent of  copyright.  15  L.R.A.(N.S.) 
767. 

Right  of  officer  of  corporation  to  refuse  to 
turn  over  books  to  a  receiver  upon  the 
ground  that  they  have  a  tendency  to 
incriminate  him.     30  L.R.A. (N.S.)   725. 

§  2.  Necessity  for  keeping. 

Requirements  of  iron-safe  clause  in  policy 
as  to,  see  Insurance,  §  79. 

Provision  for  keeping,  in  burglary  insur- 
ance policy.     46  L.R.A. (N.S.)   566. 

Omission  of  bankrupt  to  keep  books  as 
ground  for  refusing  to  discharge.  20 
L.R.A.(N.S.)   246. 

Right  of  bankrupt  to  discharge  as  affected 
by  act  of  partner  or  agent  in  failure 
to  keep,  or  concealment  of,  books.  20 
L.R.A.(N.S.)   786. 

§  3.  Right  to  inspect. 

Discovery  and  inspection  of,  see  Discoveby 

AND  Inspection,  §§  3,  4. 
Corporate  books,  see  Corpokations,  §  99. 
Books  of  municipality,  see  Municipal  Coe- 

PORATIONS,   §   2. 

Public  records,  see  Records  and  Recording 

Laws,  §  2. 
Records  of  title,  see  Records  and  Record- 

iNG  Laws,  §  13. 

Right  to  inspect  books  of  public  officers. 
27  L.R.A.  83. 


♦*-♦ 

BOOKS  OF  ACCOUNT. 

See  Account  Books. 

BOOM. 

For  logs,  see  Logs  and  Logging,  §  9. 

^•» 

BOOT-BLiACKING  STAND. 

As  a  place  of  public  accommodation  within 
civil   rights  act.     9  L.R.A.  (N.S.)    601. 


126 


INDEX  TO  L.R.A.  NOTES. 


BOOTH. 


Right  of  municipal  corporation  to  place 
polling  booth  in  street.  4  L.R.A, (N.S.) 
671. 


BOROUGHS. 

See  Municipal  Coeporations. 


BORROWING. 


By  municipality,  see  Municipal  Cobpoba- 

TI0N8,  §§  61-67. 
See  also  Bailment. 

Authority  of  agent  to  borrow  m»ney  for 
principal.     L.R.A.1916C,  112. 

Implied  power  of  partner  to  borrow  money. 
6  B.  R.  C.  819. 

VVithdraual  from  loan  association  by  bor- 
rowing members.  35  L.R.A,  296;  49 
L.R.A.(N.S.)   1137. 


BOTTLES. 


Applicability  of  rule  res  ipsa  loquitor  to 

explosion  of  bottle.    L.R.A.1916E,  1078. 
Liability    of    master    for    injury    to    minor 

servant  by  explosion  of  charged  bottle. 

35«L.R.A.(N.S.)  239. 
Validity  of  regulations  as  to  milk  bottles. 

33  L.R.A.(N.S.)  401;  L.R.A.1917C,  252. 
Legislation    to    protect    manufacturers    or 

dealers  against  loss  of  bottles  in  which 

their  products  are  put  up.     14  L.R.A. 

(N.S.)   1128. 


BOTTLE   WASHING   WORKS. 

What  is,  within  meaning  of  workmen's  com- 
pensation act.     L.R.A.1916A,  202. 


BOTTOMRY. 


66 


Jurisdiction   of   admiralty   in  case  of 
L.R.A.  204,  233. 

When    l)otfoiiirv   bond   will   be   upheld 
L.R.A.  364',  418. 

Rights  of  lien  holders  as  to  captured  prop- 
erty.   5  B.  R.  C.  1002. 


70 


BOULEVARDS. 


BOUNDARIES. 

I.  Of  states,  §§   1-3. 
II.  Of  private  property,  §§  4-9. 

I.  Of  states, 

§  1.  Generally. 

Of  counties,  see  Counties,  §§  2,  S. 

Of  municipality,  see  Municipal   Cobpoba- 

TIONS,  IV. 

Of  school  district,  see  Schools,  §  28. 

Locality  of  crime  committed  by  shooting  or 
striking  across  state  boundary.  28 
L.RA.  59. 


§2.  —  upon    waters. 

Jurisdiction  over,  see  Watebs,  §§ 


4-7. 


Prohibiting  use  of  automobiles  on.    1  L.R.A. 

(N.S.)    221:  L.R.A  191.5E.  264. 
Begin  with  this  hook,  on  every  law  question. 


Riglit  to  operate  ferry  on  boundmy  waters. 
59  L.R.A.  518;  52  L.R.A.(N.S.)  574; 
L.R.A.1916D,  832. 

§  2a.  —  rivers  and  lakes. 

Jurisdiction  over,  see  Waters,  §§  5,  6. 
Taxation  of  bridge  over  boundary  river,  see 
Tajces,  §  44. 

Rivers  as  state  boundaries.  15  L.R.A.  187^ 
Lakes  as  state  boundaries.  15  L.R.A.  187. 
Lake    Michigan    as    state    boundary.       15 

L.R.A.  189. 
Boundary    of    municipality     on    navigable 

stream.      23    L.R.A.    520;     47    L.R.A. 

(N.S.)    1161. 
Change    of    channel    as    change    of    state 

boundary.    39  L.R.A.(N.S.)  200. 

§  3.  Change  of. 

Change  of  boundary  of  municipality,  see 
Municipal  Cokpobations,  §§  11-13. 

Change  of  channel  as.    39  L.R.A. (N.S.)  200. 

Effect  of  changing  boundaries  of  school  dis- 
trict upon  rights  in  real  property.  26- 
L.R.A.(N.S.)  486. 

II.  Of  private  property. 

§  4.  Generally. 

Adverse   possession   on,   see   Adverse   Pos- 
session, §  3. 
Encroachments      beyond,     see     Encboach- 

MENTS. 

Estoppel  as  to  boundary  line,  see  Estoppel,. 
§  22. 

Boundary  fences,  see  Fences. 

Conclusiveness  of  judgment  in  action  in- 
volving, see  Judgment,  §  37a. 

Of  mine,  see  Mines,  II.  b. 

Trees  on  boundary  line,  see  Tbees,  §  3. 

Trees  near  as  a  nuisance,  see  Nuisances^ 
§  3. 

As  to  party  wall,  see  Pabty  Wall. 

Pointing  out   boundaries  as   estopping  one 

to  assert  title  beyond  such  boundaries. 

48  L.R.A. (N.S.)   751,  756. 
Property  rights  in  trees  on.    21  L.R.A.  729 ; 

46  L.R.A.(N.S.)   3. 
Implied  grant  of  easement  for  stairway  on 

division  line.     3  L.R.A. (N.S.)   1082. 


INDEX  TO  L.R.A.  NOTES. 


121 


BOUNDARIES,  II.— cont'd 
Right  to  inspect  public  records  as  to  bound- 
aries  and  titles.     27   L.R.A.  84. 
Fraud  in  opinion  as  to.     35  L.R.A.  419. 
Right   to   rely   upon   representations   as  to. 

37  L.R.A.  CIO;  14  L.R.A. (N.S.)  1210. 
Effect  of  mistake  of  fact  by  defendant  as  to, 

on  right  to  specific  performance  of 
contract.     15  L.R.A.(N.S.)   83. 

Applicability  in  case  of  disputed  boundaries 
of  rule  against  conveyance  of  land  held 
adversely.     35  L.R.A^.  (N.S.)    746. 

Estoppel  to  assert  governmental  power  as 
to.    16  L.R.A.  178. 

Right  to  inspect  account  books  of  public 
officers  as  to.     27  L.R.A.  84. 

Liability  of  surveyor  for  errors  or  mis- 
takes as  to.     38  L.R.A. (N.S.)    1043. 

Domicil  or  residence  when  boundary  line 
runs  through  dwelling.  10  L.R.A. 
(N.S.)  874. 

§  5.   On  highway. 

Effect  of  bounding  grant  on  private  way  to 
carry  title  thereto.  24  L.R.A.(N.S.) 
539. 

Right  of  grantee  to  claim  easement,  implied 
covenant,  or  estoppel  as  against  grant- 
or by  call  in  deed  for  alley  in  which 
grantor  owns  the  fee.  14  L.R.A. (N.S.) 
878. 

Effect  of  improvements  by  abutting  owner 
with  reference  to  what  is  erroneously 
supposed  to  be  the  street  boundary  line 
to  estop  the  municipality  from  assert- 
ing the  true  line.     7  L.R.A. (N.S.)   243. 

Bounding  land  on  street  or  alley  as  cove- 
nant that  the  street  or  alley  exists, 
where  grantor  does  not  own  the-  fee 
thereof.     10  L.R.A. (N.S.)  964. 

Conveyance  of  parcel  abutting  on  aban- 
doned street  as  carrying  grantor's  title 
to  fee  of  former  street.  32  L.R.A. 
(N.S.)  778. 

§  6.  On  waters. 

Change  of,  by  sudden  submergence  of  land. 

38  L.R.A.  850. 

Effect  of  bounding  land  by  "seashore."  4 
B.  R.  C.  745. 

Effect  of  bounding  grant  on  river  or  tide 
water.     42  L.R.A.  502. 

Effect  of  deed  to  carry  title  to  water's  edge, 
where  a  street  or  highway  intervenes. 
13  L.R.A.(N.S.)   551. 

Government  grant  bounded  by  nontidal  riv- 
er as  carryinsr  title  to  land  thereunder. 
24  L.R.A.(N.S.)   1240. 

§  7.  —artificial  body  of. 

Canal.     51   L.R.A.  179. 

Pond.     51  L.R.A.  179. 

Permanent  artificial   pond.     51  L.RA.   180. 

§  8.  Establishment  of;   description. 

Effect  of  compromise  agreement  locating 
division  line  at  place  known  not  to  be 
the  true  boundary.  10  L.R.A, (N.S.) 
610. 

Effect  of  acquiescence  in  boundary  lines.  4 
L.R.A    643. 

Consult  al8o  L.R.A.  Digests  of  Cases. 


BOUNDARIES,  II.— cont'd 

Judgment  against  plaintiff  in  action  involv- 
ing boundary  as  establishing  boundary 
claimed  by  defendant.  38  L.R.A. (N.S.) 
1020. 

Correction  of  misdescription  as  to,  in  will. 
6  L.R.A. (N.S.)  958;  L.R.A.1915E,  1008. 

Eflect  of  taking  possession  on  disputed 
boundaries.     3  L.R.A. (N.S.)    805. 

Injunctive  relief  to  compel  or  prevent  erec- 
tion, maintenance,  or  removal  of  bound- 
ary fences  in  settlement  of  disputed 
boundary  lines.     7  L.R.A. (N.S.)   57. 

§  9.  Change  of. 

By  sudden  submergence  of  land.     38  L.R.A. 

850. 
Right  to  change  lot  lines  of  occupants  after 

entry     under     the     townsite    act.       30 

L.R.A.(N.S.)    183. 


BOUNTIES. 


Bounty  tax  as  within  covenant  in  lease,  sub- 
lease or  assignment  of  lease  as  to  pay- 
ment of  taxes.     L.R.A.1915A,  343. 

Validity  of  pension  or  bounty  to  Confeder- 
ate soldiers.     45  L.R.A. (N.S.)    692. 

Statutes  legalizing  invalid  contracts  to  pay. 
27  L.R.A.  702. 

Right  to  use  public  money  to  pay.  14 
L.R.A.  476. 

Claims  against  state  for.    42  L.R.A.  63. 


BOWLING  ALLEYS. 

As  a  place  cf  amusement  within  civil  rights 

acts.     19  L.R.A.(N.S.)  907. 
As  a  nuisance.    40  L.R.A. (N.S.)  75. 
Municipal  regulation  of,  as  a  nuisance.     39 

L.R.A.  524;   31  L.R.A. (N.S.)   548. 
Power  of  state  or  municipality  to  determine 

location  of.     L.R.A.1916D,  99. 

♦ « » 


BOW  WINDOWS. 

See  Bat  Window. 


BOXING   MATCH. 


Consent    as    justification    for    assault. 
L.R.A.  853. 


15 


BOYCOTT. 


See  CoNSPiBACT,  §§  3,  4. 


BRAKEMEN. 

Implied  powers  of,  see  Carriers. 

As  fellow  servants.     52  L.R.A.  (N.S.)    1090. 


128 


INDEX  TO  L.R.A.  NOTES. 


BRAKJBS. 

Duty  aa  to  equipping  cars  or  trains  with, 
80  as  to  minimize  danger  of  injury  to 

Eersons  or  animals  on  or  near  tracks. 
,.R.A.1915A,  744,  753. 


BRAND. 

Misbranding  food,  see  Food,  §  4. 

Validity  of  police  regulations  as  to  brand- 
ing or  labeling  articles  of  commerce. 
40  L.R.A.(N.S.)   880,  • 

As  evidence  of  ownership  of  cattle.  11 
L.R.A.(N.S.)    87. 

Police  regulations  as  to  branding  articles  of 
commerce.  1  L.R.A.(N.S.)  184;  17 
L.R.A.(N.S.)  684. 


BRANDY. 

As  intoxicating  liquor.     20  L.R.A.  649. 
Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.{N.S.)  304. 


BRASS    KNUCKIiES. 

As  weapon  within  statute  against  carrying 
concealed  weapons.  34  L.R.A.(N.S.) 
1176. 


BREACH. 

Forfeiture  for  breach  of  condition  subse- 
quent, see  Conditions,  §§  7,  11. 

Of  contract  generally,  see  Contracts, 
§§  131,  131a. 

Of  pror'ise,  see  Breach  of  Promise. 

Of  covenant,  see  Covenants,  ITT. 

Of  insurance  contract,  see  Insttrance,  V. 

Of  warranty,  see  Sale,  §§  5.S-.5f),  68. 

Of  condition  in  will,  see  Wills,  §  89. 

Of  condition  of  pardon.     14  L.R.A.  288. 


BREACH   OF   PROMISE. 


§   1.  Genernlly. 

Damages  for,  see  Damages,  §§  6,  50a. 

Promise  of  marriage  as  within  statute  of 
frauds  as  to  contracts  not  to  be  per- 
formed within  year.  L.R.A.1915D. 
1190. 

Liability  of  infant  for  services  of  attorney 
in  breach  of  promise  suit.  44  L.R.A. 
(N.S.)  412. 

Abatement  of -action  or  cause  of  action  for. 
9  L.R.A.{N.S.)   1020. 

Necessity  of  averring  seduction  in  order  to 
recover  therefor.     33  L.R.A.(N.S.)   702. 

Begin  tvith  this  book  on  every  law  question. 


BREACH  OF  PROMISE— cont'd 
Constitutionality  of  imprisonment  for  debt 

arising    from    breach    of    promise.      34 

L.R.A.  639. 
Right  to  attachment  or  order  of  arrest  in 

breach  of  promise  case.     59  L.R.A.  954. 
Judgment  in  action  for  seduction  as  bar  to 

action  for  breach  of  promise.     L.R.A. 

1918A,  360. 
Liability  of  third  person  for  inducing  breach 

of     marriage     contract.     L.R.A.1918C, 

1197. 

§  2.  "Validity  of  agreement  to  marry 
where  one  of  parties  is  married. 

Where  one  party  acts  in  good  faith.  1 
B.  R.  C.  917. 

Where  made  with  knowledge  of  marriage. 
1  B.  R.  C.  918. 

Agreement  to  marry  on  death  or  divorce  of 
present  husband  and  wife.  52  L.R.A. 
660;  1  B.  R.  C.  919. 

As  affected  by  disabilities  imposed  by  de- 
cree of  divorce.     1  B.  R.  C.  922. 

§  3.  What  constitutes. 

Refusal  or  failure  to  keep  agreement  for 
marriage  at  a  specified  time  or 
place  as  breach  of  the  marriage 
contract.  66  L.R.A.  798;  L.R.A. 
1915B,  280. 

§  4.  Defenses. 

Ill  health  as  defense  to  an  action  for  breach 
of  promise  to  marry.  7  L.R.A. (N.S.) 
582;  40  L.R.A.  (N.S.)  585;  L.R.A. 
1916D,  1276. 

Fact  that  one  of  the  parties  was  already 
married  at  time  of  agreement  to  marry. 
L.R.A.1918B,  68. 

§5.  —  fraudulent    concealment. 

Generally.     26  L.R.A.  430. 

Want  of  chastity.     26  L.R.A.  431. 

Physical  incapacity.     26  L.R.A.  431. 

Bad  character.     26  L.R.A.  431. 

Personal  life  and  traits  and  family  affairs. 

26  L.R.A.  432. 
Mitigation  of  damages.     26  L.R.A.  432. 
Necessity  of  alleging  fraud.    26  L.R.A.  432. 

§  6.  Evidence. 

Evidence  of  character  for  chastity  in  action 
for.    14  L.R.A.(N.S.)   748. 


BREACH  OF  THE  PEACE. 

§  1.  Generally. 

Breach  of  peace  by  use  of  insulting  or  dis- 
orderly language.     L.R.A.1918F,  941. 

Use-  of  profane  or  offensive  language  while 
upon  one's  own  premises  as  an  offense. 
49   L.R.A. (N.S.)    919. 

Criminal  responsibility  for  homicide  in 
carrying  out  unlawful  conspiracy  for. 
68  L.R.A.  196. 

Homicide  in  attempting  to  prevent.  67 
L.R.A.  635. 

Power  of  municipality  to  punish  when  made 
an  offense  by  state  law.  17  L.R.A. 
(N.S.)    53. 


INDEX  TO  L.R.A.  NOTES. 


129 


BREACH  OF  FROMISE— cont'd 

Right   of    both    state    and   municipality   to 

convict  of  offense  of.     31  L.R.A. (N.S.) 

704. 
Validity  of  ordinances  as  to  street  parades. 

25  L.R.A. (N.S.)    251. 

§  2.  Arrest  for,   without  warrant. 

Liability  of  officer  for  making.     51  L.R.A. 
206. 


§  3.  Forfeiture  of  peace  bond. 

What  conduct  will   work  a   forfeiture. 
L.R.A.(N.S.)    186. 


40 


BREAD. 


See  Food,  §  6. 


BREAD  AND  WATER. 

Keeping   prisoner  on,   as   cruel   or  unusual 

punishment.  35    L.R.A.    569;    L.R.A. 
1915C,  565. 


BREAKAGE. 


Provision  exempting  carrier  from  liability 
for  loss  by  breakage  as  extending  to 
loss  caused  by  negligence.  6  B.  R.  C. 
128. 


BREWERS  AND  BREWERIES. 

As  to  intoxicating  liquors  generally,  see  In- 
toxicating Liquors. 

Legality  under  modern  anti-trust  acts  of 
combinations  of,     5  L.R.A. (N.S.)    138. 

Power  of,  to  purchase  or  lease  property  to 
be  used  bv  retailers  of  its  products. 
47    L.R.A.(N.S.)    898. 

Power  to  guarantee  contracts  of  customers. 
27  L.R.A.  (N.S.)  186;  L.R.A.1918C, 
1008. 

Discrimination  against  nonresidents  by  stat- 
ute or  ordinance  imposing  license  tax 
on  brewery  agency.  40  L.R.A. (N.S.) 
291. 


BRIBERY. 


§  1.  Generally. 

Validity  of  contract  to  influence  official  ac- 
tion, see   Contracts,   §    100. 

Evidence  of  other  crimes  in  prosecution  for. 

L.R.A.1915B,  103. 
Cruel  and  unusual  punishment  for.     L.R.A. 

1915C,  566. 
Of   juror,    as    contempt.      46    L.R.A.  (N.S.) 

517:    L.R.A.1915D,   570. 
Instigation  to.     25   L.R.A.   345. 
Solicitation   to.     25  L.R.A.  439. 
Consult  also  L.R.A.  Digests  of  Cases. 


BRIBERY— cont'd 

Who  is  accomplice  in  bribery  case  within 
the  rule  requiring  corroboration  of  tes- 
timony.    39  L.R.A. (N.S.)    706. 

Reference  by  prosecuting  attorney  in  argu- 
ment to  jury  to  attempts  to  tamper 
with  witnesses  or  jurymen  as  ground 
for   reversal.      30   L.R.A. (N.S.)    795. 

Charging  acceptance  of  bribe  as  libel.  3 
L.R.A.(N.S.)    1139;  L.R.A.1918E,  31.' 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial  evidence.      69   L.R.A.   205. 

§  2.  What  constitutes. 

By  gift  to  public;  for  street  improvements. 

14  L.R.A.  62. 

By  bonus  to  secure  location  of  county-seat. 

15  L.R.A.  501. 

Jurisdiction  or  authority  of  officer  to  act 
in  the  matter  as  element  of  bribery. 
15    L.R.A. (N.S.)    1173. 

§  3.  Defenses. 

Instigation  of  offense  as  a  defense  to  pros- 
ecution. 30  L.R.A.(N.S.)  952;  51 
L.R.A.(N.S.)   829. 

Truth  of  charge  as  to  as  defense  to  civil 
action  for  libel  or  slander.  31  L.R.A. 
(N.S.)    146. 

Bribery  as  affected  by  lack  of,  or  defect  in, 
title  to  office.     51  L.R.A.  (N.S.)  1087. 


BRICKBATS. 

As  deadly  weapons.    21  L.R.A.(N.S.)  507. 


BRICK   KILN. 


Municipal    power    over,    as    nuisance.      38 

L.R.A.  654. 
Operation  of,  as  nuisance.     2  L.R.A. (N.S.) 

92. 


BRICKS. 

Sufficiency  of   delivery   of,   on   sale   out  of 
larger  lot.     26  L.R.A. (N.S.)    42. 


BRICK  YARDS. 


Right  of  municipal  corporation  to  main- 
tain.     31    L.R.A.(N.S.)    122. 

Power  of  municipality  to  regulate.  25 
L.R.A.(N.S.)  247;  40  L.R.A. (N.S.)  898. 


BRIDGE  COMPANIES. 

Right  to  enforce  by  mandamus  duty  arising 
wholly  from  contract.  13  L.R.A. (N.S.) 
1084. 

Right  of  foreign   company   to  enter   state." 
24  L.R.A.  313. 


9 


]30 


INDEX  TO  L.R.A.  NOTES. 


BRIDGE  COMPANIES— cont'd 

Business  of,  affected  with  a  public  interest 
subjecting  tbom  to  the  regulation  and 
control  as  to  rates  or  prices.  6  L.R.A. 
'       (N.S.)   835. 


BRIDGES. 


39 


24 


20 


22 


§  1.  Generally. 

Approach  to,  see  Approaches,  §  2. 
Obstruction  of  highway  by,  see  HIGHWAYS, 

§  37. 
Railroad  bridges,  see  Railboads,  §  28. 

Interference   by   riparian    owner  with. 
L.R.A.(N.S.)    1213. 

Right    of    foreign    corporation    as    to. 
L.R.A.  313. 

Delepjation  of  municipal  power  as  to. 
LJI.A.  726. 

Taking  of  land  for,  as  a  public  purpose 
L.RJ^.(N.S.)    135. 

Duty  to  light  highway  bridge.  28  L.R.A. 
(N.S.)    946. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  construction  or 
repair  of.     53  L.R.A.  49,  66. 

Specific  performance  of  agreement  for  li- 
cense to  maintain.    49  L.R.A.  510. 

Right  of  municipality  without  express  pow- 
er to  permit  construction  of  an  over- 
head bridge  across  a  public  street  for 
private  purpose.     23  L.R.A. (N.S.)   158. 

Right  of  taxpayer,  in  absence  of  statute, 
to  enjoin  unlawful  expenditures  by 
municipality  for  bridges.  36  L.R.A. 
{N.S.)  20. 

§  2.  As  nuisance. 

Municipal    cntrol    of,    as   a   nuisance.      29 

L.R.A.  681. 
Bridge   over   navigable   stream,   constructed 

under  legislative  authority.     59  L.R.A. 

64. 
Presumption  as  to  statutory  authority  to 

commit  nuisance  by  erection  of  bridge. 

70  L.R.A.  584. 
Right  of  one  who  navigates  stream  or  floats 

logs  therein  to  abate  nuisance  arising 

from  bridge.     51  L.R.A.(N.S.)   1172. 

§  3.  Duty  to  construct,  maintain,  and 
repair. 

Power  of  municipality  to  assume  part  or  all 
of  burden  of  adapting  bridges  for  use 
of  railroads  or  street  railways.  50 
L.R.A.(N.S.)   143. 

Duty  of  railroad  company  to  construct 
bridges  at  its  own  expense  over  public 
drainage  ditches.  31  L.RA.(N.S.) 
1118;  L.R.A.1915B,  486. 

Duty  as  to  bridge  over  ditch  constructed  by 
drainage  district  across  highway.  43 
L.R.A.(N.S.)   695. 

May  cost  of  bridge  be  assessed  against 
propertv  benefited.  45  L.R.A. (N.S.) 
91S. 

Begin  with  this  hook  on  every  law  question. 


BRIDGES— cont'd 

Duty  as  to  establishment  and  maintenance* 
of  bridges  over  canals  or  ditches  for 
use  of  adjoining  owners.  L.R.A.1915E,. 
687 

Duty  of  county  to  contribute  to  mainte- 
nance of  boundary  bridge.  L.R.A. 
1916F,  511. 

Duty  of  railroad  to  fence  as  requiring  bar- 
rier across  culvert  or  under  bridge.  »- 
B.  R.  C.  182. 

Duty  to  maintain  bridge  over  race  way  in- 
tersecting highway.  31  L.R.A.  (N.S.) 
243. 

Liability  of  street  railway  company  for  re- 
flooring.     46  L.R.A.  199. 

Liability  of  contractor  to  replace  bridge 
destroyed  by  unprecedented  flood 
against  wliicli  he  does  hot  contract,  l.'j 
L.R.A.(N.S.)   833. 

Power  of  municipality  to  require  railroad 
company  to  keep  bighwav  in  repair  at 
overhead  bridge.     18  L.R1;A.(N.S.)   915. 

Right  to  enforce  by  mandamus  duty  of 
bridge  company  arising  wholly  from 
contract.     13  L.R.A.(N.S.)    1084. 

§  4.  Injuries  through  construction  and 
maintenance  of. 

Proximate  cause  of  injury,  see  Proximate 
Cause,  §  14. 

Res  ipsa  loquitur  in  action  for  injury  on. 
43  L.R.A.(N.S.)   594. 

Liability  of  county  for  injuries  caused  by 
construction  or  maintenance  of  a  bridge 
to  property  thereto  adjoining.  21 
L.R.A.(N.S.)  209. 

Municipal  liability  for  injury  to  abutting 
owner  from  approach  to  bridge  under 
constitutional  provision  against  "dam- 
aging" private  property  for  public  use 
without  compensation.  36  L.R.A. 
(N.S.)    1198. 

Liability  of  municipality  for  damage  to 
vessel  by  bridge.  L.R.A. 1915F, 
1062. 

Obstruction  of  water  of  stream  bv.  59* 
L.R.A.  862;  28  L.R.A.(N.S.)   156. 

Injury  to  abutter's  easements  of  light,  air 
and  access  by  grading  street  to  cross. 
14  L.R.A.  372. 

Across  street  as  additional  burden.  17 
L.R.A.  481. 

Liability  of  municipality  for  negligence  of 
bridge  tender.  19  L.R.A.(N.S.)  1178; 
45  L.R.A. (N.S.)  98;  L.R.A.1915F,  1064. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  construction  of. 
65  L.R.A.  647. 

Persons  working  on,  as  independent  con- 
tractors.    65  L.R.A.  466. 

§  5.  Duty  and  liability  as  to  defects  in. 

Municipal  liability  for  injury  by  defects 
or  obstructions  on.  20  L.R.A. (N.S.) 
571. 

Municipal  liability  for  injury  to  travelers 
by  defective  bridges  through  defect  in 
plan  of  construction.     67  L.R.A.-  268. 


INDEX  TO  L.R.A.  NOTES. 


131 


BRIDGES— cont'd 

Duty  of  municipality  to  construct  and  main- 
tain bridges  in  condition  to  sustain  un- 
usual weight.     27  L.R.A.  (N.S.)   832. 

Liability  of  municipality  for  injuries  on 
tollbridge  maintained  bj'  it.  33  L.R.A. 
(N.S.)    449. 

Duty  of  county  or  town  to  maintain  barriers 
'along  bridges.  42  L.R.A.  (N.S.)  267; 
L.R.A.1915F,  973. 

Liability  of  municipality  for  negligence  of 
bridge  tender.  19  L.R.A. (N.S.)  1178; 
45  L.R.A. (N.S.)  98;  L.R.A.1915F,  1064. 

Liability  of  counties  for  torts  and  negligence 
as  to.     39  L.R.A.  33. 

Liability  of  county  for  injury  by  defects 
in  boundary  bridge.     L.R.A.1916F,  522. 

Duty  to  properly  guard  defective  bridge. 
20  L.R.A.(N.S.)   681. 

Sufficiency  of  general  allegations  of  negli- 
gence as  to.    59  L.R.A.  251. 

§   6.  — liability  for  injury  to  servant. 

Master's  liability  for  injury  to  servant  by 
defective   bridge.     54  L.R.A,   170. 

Liability  of  railroad  to  trainman  injured  bv 
overhead  bridge.     47  L.R.A.  (N.S.)   483. 

Duty  of  railroad  company  to  maintain  safe- 
guards to  prevent  employees  from  fall- 
ing off  or  through  bridges.  50  L.R.A. 
(N.S.)    548. 

Nondelegability  of  duty  to  protect  servants 
against  defects   in.     54  L.R.A.   69,   77. 

Applicability  as  between  master  and  serv- 
ant of  maxim  Res  ipsa  loquitur  to  fall 
of  bridge.     28  L.R.A. (N.S.)    591. 

§  7.  Contributory  negligence  of  person 
injured. 

Contributory  negligence  of  one  who  strikes 
bridge  extending  over  highway.  L.R.A. 
1918A,  204. 

Contributory  negligence  of  child  injured  by 
drawbridge.     L.R.A.1917F,  99. 

Duty  of  one  approaching  drawbridge  to  stop, 
"look,  and  listen,     14  L.R.A,(N.S.)   452. 

Duty  of  traveler  to  stop,  look  and  listen 
upon  approaching  overhead  railroad 
bridge.     6  L.R.A.  (N.S.)    150. 

Nonobservance  of  public  regulations  by  one 
using  bridge  as  affecting  recovery  of 
damages  caused  by  obstruction  or  de- 
fect therein.     42  L.R.A. (N.S,)   1035, 

§  8.  Toll  bridges. 

Necessity   of   franchise  for  taking  tolls   on 

37  L.R.A.  715. 
Legislative  regulation  of  rates  of,    33  L.R.A. 

]81, 
Liability    of    municipality    for    injuries    on 

toll     bridge     maintained     by     it.       33 

L.R.A. (N.S.)    449. 

§   9.  — rights  and  duties  of  proprietors. 

Generally.     58  L,R,A.  155;  30  L,R.A.(N.S.) 

360, 
Rights   and   duties    in   general,      30   L.R.A. 

(N.S.)    360, 
Approaches.     30  L.R.A. (N.S.)    362. 
Erection  of  competing  bridges.     30  L.R,A. 

(N.S.)    362. 
Creation  of  rights.     58  L.R.A.  155. 
Consult  also  L.B.A.  Digests  of  Cases. 


BRIDGES— cont'd 

Rights  of  abutting  owners.    58  L.R.A.  157. 

Place  and  metliod  of  construction.  58 
L.R.A,   159, 

Use  of  bridge.     58  L.R.A.   161. 

Duty  as  to  maintenance  of  bridge.  58 
L.R.A,  162;   30  L.RA.(X.S.)    362. 

Remedy  for  injury  to  bridge.  58  L.R,A. 
168. 

Taxation.  58  L.R.A.  168;  30  L.R.A.' N.S. ). 
364. 

Termination  of  franchise.  58  L.R.A.  169; 
30    L.R.A. (N.S.)     364, 

Compensation  to  be  paid  owners  of  toll 
bridge  upon  taking  their  plant  for  pub- 
lic  use,     47    L.R.A. (N.S.)    795. 

§    10,  —  tolls. 

Generally,  58  L,R,A,  163;  30  L,R.A,(N.S.) 
363. 

Conditions  to  right  to.     58  L.R.A.   363, 

Legislative  interference  with,  58  L.R.A. 
164. 

Validity  of  and  remedy  for  competition.  58 
L.R.A,  167, 

Remission,  evasion  and  enforcement  of,  58 
L.R.A,  167. 

Vehicles  subject  to  tolls.  30  L.R.A, (N,S,) 
363, 

Right  of  county,  municipality,  or  town  to 
collect.     42  L.R.A. (N.S.)   836. 

Right  to  take  tolls  for  use  of  bridge  by  au- 
tomobile.   L.R.A,1917E,  562. 

§    11.  Over  navigable  waters. 

Interference  with  navigation  by  toll  bridges, 

58  L.R.A,  160. 

As  nuisance;  when  constructed  under  legis- 
lative authority.     59  L.R.A,  64, 

Negligent  breaking  of,  as  proximate  cause 
of  obstruction  of  navigation  necessary 
to  effect  repair,     10  L.R.A,  (N,S.)    710. 

Jurisdiction  in  admiralty  of  action  growing 
out  of  collision  of  vessel  with  bridge. 
21  L.R.A.(N.S.)  324. 

Relative  rights  and  duties  of  those  maintain- 
ing bridges  across  streams  and  those 
floating  logs  therein.  38  L.R.A. (N.S.) 
114. 

Right  of  one  who  navigates  stream  or  floats 
logs  therein  to  abate  nuisance  arising 
from  bridge.     51  L.R.A.  (N.S.)   1172. 

Liability  of  municipality  for  damage  to 
vessel   by    bridge.      L.R.A.1915F,    1062. 

§  12,  Relative  rights  of  owner,  and' 
other  owners   of  privilege. 

As  rival  to  ferry.     59  L.R.A.  541, 
Interference    with    right    of    ferryman    by. 

59  L.R.A.  548. 

Bridge  as  disturbance  of  ferry  franchise- 
1  B,  R.  C.  341. 

Interference  by,  with  wharf  rights  in  nav- 
igable waters.    34  L.R.A. (N.S.)  4.30, 

Relative  rights  and  duties  of  those  main- 
taining bridges  across  streams  and' 
those  floating  logs  therein.  38  L.R.A,. 
(N.S.)    114. 

§   13.  Taxation. 

Taxation  of  bridge  over  boundary  river,  see- 
Taxes,  §  44. 


132 


INDEX  TO  L.R.A.  NOTES. 


BRIDGES— cont'd 

Bridges   as  real  property  for  purposes  of. 

15  L.R.A.  298. 
Of  toll  bridge  proprietors.     58  L.R.A.  168; 
30  LJl.A.(N.S.)  364. 


BRIDGE   TENDER. 

Municipal  liability  for  negligence  of.  19 
L.R.A.(N.S.)  1178;  45  L.R.A.(N.S.) 
98;  LJLA.1915F,  1064. 


BRINE. 

Right  to  pump  up  water  where  the  result 
is  to  carry  away  another's  mineral  in 
solution.    6  B.  R.  C.  254. 


BRINGING  IN  PARTIES. 


See  Pabties,  §  37. 


BRINGING  STOLEN  PROPERTPY  IN- 
TO  STATE. 

By  what  law  question  of  larceny  is  deter- 
mined in  prosecution  under  statute 
against  bringing  stolen  property  into 
state.  15  L.R.A.  722;  14  L.R.A.(N.S.) 
£56. 


♦  •» 


BROKEN  WIRES. 


See  Electricity,  in. 


BROKERS. 


I.  In  general,  §§  1-7. 
II.  Compensation,  §§  8-18, 

I,  In  general. 

§  1.  Generally. 

Constitutionality  of  statutes  regulating,  see 

CONSTITUTIONAI.  LaW,   §    52. 

Oral  contract  by  broker  with  purchaser,  see 

CJONTBACTS,  §  47. 
Dealings  in  futures  and  options,  generally, 

see  Contracts,  §§   105,  106,   116. 
Custom  of  real  estate  brokers,  see  Custom 

AND  Usage,  §  11. 
Insurance  brokers,  see  Insurance,  §§  17-23. 
Unlawful    combination    of,    see    Monopoly 

AND  Combinations,  §  9. 

Law  governing  agency  contract  for  sale  of 

land.     L.R.A.1916A,  1046. 
Necessity  of  pleading  statute  of  frauds  in 

action    between   broker    and   principal. 

49  L.R.A.(N.S.)   37. 
Jurisdiction  of  admiralty  over  contracts  of 

ship  brokers.     66  L.R.A.  236. 
Begin  xciih  this  hook  on  every  law  question. 


BROKERS,  I.— cont'd 

Right  of  municipal  corporation  to  buy  and 
sell  real  estate.    31  L.R.A.  (N.S.)  121. 

Statement  of  account  by.    27  L.R.A.  821. 

Implied  warranty  of  genuineness  upon  sale 
of  negotiable  paper  by.     36  L.R.A.  95. 

Right  of  customer  who  has  advanced  pur- 
chase money  to  broker  to  preference 
in  case  of  insolvency  before  making 
purchase.     42  L.R.A. (N.S.)   95. 

Set-off  in  case  of  bankruptcy.  55  L.R.A.  40, 
44,  51,  60. 

Organization  of  brokerage  concern  by  job- 
bers or  dealers  as  an  unlawful  monop- 
oly.    35  L.R.A.(N.S.)    464. 

Measure  of  damages  to  broker  for  breach 
of  advertising  contract.  22  L.R.A. 
{N.S.)  273. 

Measure  of  damages  for  broker's  breach  of 
contract  to  carry  stock  until  a  certain 
date.     7  B.  R.  C.  569. 

Measure  of  damages  for  broker's  breach  of 
contract  with  customer  as  to  sales  and 
purchases  of  stock  on  the  exchange. 
L.R.A.1917C,  747. 

Right  of  principal  to  retain  property  pur- 
chased through  agent,  who  was  secret- 
ly interested  therein  and  seeks  relief 
against  the  agent.  34  L.R.A. (N.S.) 
1210. 

Validity  of  statute  or  ordinance  requiring 
persons  engaged  in  business  of  loaning 
money  on  chattel  security  or  security 
of  wages  to  file  a  record  of  loans  made. 
25  L.R.A.(N.S.)    686. 

Inference  as  to  character  of  transaction 
arising  from  the  fact  that  it  was  on 
margin.     22  L.R.A.(N.S.)    174. 

Mutuality  of  contract  giving  real-estate 
broker  exclusive  authority  to  sell,  or 
■  promising  him  commissions  in  case  of 
sale  by  anyone  else,  but  which  does  not 
in  terms  impose  any  obligation  upon 
him.  19  L.R.A.  (N.S.)  599;  L.R.A. 
1917E,  1040. 

Who  must  bear  loss  where  merchandise 
broker  receives  purchase  price  and  lails 
to  pay  over  same  to  seller.  8  L.R.A. 
(N.S.)  474. 

Effect  of  deposit  by  broker  or  factor  to  his 
own  account  by  proceeds  of  sale  of  cus- 
tomer's stock  or  property  to  create  a 
trust  entitled  to  a  preference.  27 
L.R.A.(N.S.)  808. 

§  2.  Rights  and  powers  of. 

Authority  to  contract  for  services  of  other 
persons.     L.R.A.1918F,  11. 

Power  of  real  estate  broker  to  delegate 
authority.     43  L.R.A. (N.S.)    796. 

Powers  of  brokers  in  case  of  Lloyd's  policies 
of  insurance.    55  L.R.A.  201. 

Maritime  lien  for  services  of  brokers.  70 
L.R.A.  387. 

Is  broker's  right  to  make  sale  of  property 
exclusive  of  the  owner's  right.  24 
L.R.A.(N.S.)  279;  40  L.R.A.  (N.S.) 
1142. 

Power  of  real-estate  broker  to  make  con- 
tract of  sale.  17  L.R.A. (N.S.)  210;  23 
L.R.A.(N.S.)    982. 


INDEX  TO  L.R.A.  NOTES. 


133 


BROKERS,  I.— cont'd 

Right  to  purchase  real  estate  listed  with 
him  for  sale.  20  L.R.A.(N.S.)  1158; 
L.R.A.1915E,   976;    L.R.A.1918F,    790. 

Putting  security  transferable  by  delivery  or 
endorsed  or  assigned  in  blank  into  brok- 
er's possession  to  estop  owner  as  against 
purchaser  in  good  faith.  29  L,R.A. 
(N.S.)  252. 

§   3.  —  to  maintain   action.  / 

Eight  of  broker,  to  whom  goods  are  con- 
signed for  sale,  to  maintain  action 
against  a  common  carrier  for  damage 
to,  or  loss  of,  goods  during  transit.  26 
L.R.A.(N.S.)   437. 

Right  of  factor  to  whom  goods  are  consigned 
to  maintain  action  against  carrier.  36 
L.R.A.(N.S.)    72. 

§   4.  —  termination  of. 

Revocation    or    termination    of    a    broker's 
employment  to  procure  a  purchaser 
for  real  property.    49  L.R.A. (N.S.) 
985. 
Dissolution    of    partnership    authorized    to 
act  as  agent,  as  termination  of  agency. 
23  L.R.A.(N.S.)    849. 
Lapse  of  time  as  terminating  authority  of 
real    estate    broker.      16    L.R.A. (N.S.) 
431. 
Avoidance    by    infant    of    stock    brokerage 
agency,     41  L.R.A. (N.S.)    1219.    ' 

§  5.  Duties   and   liabilities  of. 

Duties  of  brokers  in  case  of  Lloyd's  policies 
of  insurance.     55  L.R.A.  21. 

Duty  to  disclose  to  principal  the  identity 
of  a  purchaser.     53  L.R.A.  241. 

Duty  of  broker  who  reaps  no  individual 
profit  from  transaction,  to  impart  to 
principal  his  knowledge  of  favorable 
terms  offered  or  acceptable  by  customer. 
25  L.R.A. (N.S.)   737. 

False  representations  by,  as  to  cost,  selling 
or  market  price  of  property  or  as  to 
offers  therefor.     35  L.R.A. (N.S.)    186. 

Liability  of  real-estate  broker  who  over- 
states to  purchaser  the  owner's  mini- 
mum  price.     21   L.R.A. (N.S.)    305. 

Liability  of  broker  to  true  owner  for  sell- 
ing or  disposing  of  property  intrusted 
to  him  by  his  principal.  50  L.R.A. 
(N.S.)   55. 

Liability  of  del  credere  agent  for  nonper- 
formance of  contract  by  buyer.  6  B.  R. 
C.  943. 

§  6.  Requirement  that  contract  of,  be 
in  writing. 

Power  of  legislature  to  prohibit  offering  of 
another's  real  estate  for  sale  without 
written  authority.  12  L.R.A.  (N.S.) 
707. 

Power  of.  legislature  to  require  contracts 
for  commissions  for  finding  a  purchas- 
er for  real  estate  to  be  in  writing.  33 
L.R.A. (N.S.)    973. 

Necessity  that  agent's  authority  to  purchase 
or  sell  real  property  be  in  writing,  to 
enable  him  to  recover  compensation 
for  his  services.  44  L.R.A.  601 ;  9 
L.R.A.  (N.S.)     933. 

Consult  also  L.R.A.  Digests  of  Cases. 


BROKERS,  I.— cont'd 

Necessity  of  securing  written  contract  from 
purchaser  to  entitle  real  estate  broker 
to  commission.    46  L.R.A. (N.S.)  l29. 

§   7.  License. 

License  tax  on  tax  brokers.  47  L.R.A. 
(N.S.)   1078. 

Failure  of  loan  broker  to  procure  Jicense  as 
affecting  validity  of  his  contract. 
L.R.A.1915B,  861. 

Effect  of  failure  to  obtain,  on  right  to  com- 
missions.    1  L.R.A.  (N.S.)    1159. 

Effect  of  failure  to  procure  license  on  va- 
lidity  of  contract.      16  L.R.A.  424, 

Validity  of  contract  by  unlicensed  broker. 
12   L.R.A.(N.S.)    615. 

Validity  of  license  upon  business  of  loaning 
money  as  affected  by  excessive  amount 
of  license  fee.     25  L.R.A.(N.S.)    583. 

Are  persons  engaged  in  loaning  their  own 
money  loan  brokers  within  license  reg- 
ulations.   25  L.R.A. (N.S.)   748. 

//.   Compensation. 

§  8.  Generally. 

Necessity  that  broker's  contract  of  employ- 
ment be  in  writing,  see  supra,  §  6. 

Liability  of  decedent's  estate  for,  see  EXEC' 
UTOHS  AND  Administrators,  §  35. 

Effect  of  negligence  on  right  to,  see  Neg- 
ligence, §  3. 

Liability  of  principal  for  the  services  of  a 
subagent.     L.R.A.1918F,  720. 

Effect  of  failure  to  obtain  license  on  right 
to  commissions.     1  L.R.A. (N.S.)    1159. 

Employed  by  executor  or  administrator  to 
sell  property  of  estate;  liability  of  es- 
tate for  commissions  of.  64  L.R.A. 
554. 

Personal  liability  of  oflBcer,  or  referee  to 
sell  property,  for  brokers'  services.  38 
L.R.A.(N.S.)   777. 

What  constitutes  employment  of  broker 
which  will  entitle  him  to  commissions 
otherwise  earned.  27  L.R.A.  (N.S.) 
786. 

What  constitutes  listing  of  property  or  em- 
ployment of  broker  within  a  contract 
promising  a  commission  therefor  in 
case  the  property  is  withdrawn  or  no 
sale  made.    24  L.R.A.(N.S.)  562. 

Liability  of  owner  upon  revoking  authori- 
ty of  real  estate  broker  employed 
for  definite  period.  38  l^.R.A. 
(N.S.)    366;  L.R.A.1918D,  731.      . 

Right  of  Ibroker  to  commissions  where,  with 
,  principal's  consent,  he  becomes  pur- 
chaser.   31  L.R.A. (N.S.)  536. 

Where  purchaser  procured  by  him  is  finan- 
cially unable  to  perform  his  contract. 
20  L.R.A.(N.S.)  1168. 

Effect  of  contract  expressly  making  brok- 
er's right  to  commissions  dependent 
upon  "sale"  of  property  or  other  condi- 
tion beyond  that  ordinarily  implied. 
29  L.R.A. (N.S.)   533. 

Moral  obligation  to  pay  broker  for  service 
as  consideration  for  new  promise  where 
there  was  originally  no  legal  liability. 
26  L.R.A. (N.S.)  520. 


134 


INDEX  TO  L.R.A.  NOTES. 


BROKERS,  II.— cont'd 

Right  of  broker  to  recover  commissions  or 
°  advances  made  in  furthering  wagering 
contract.    11  L.R.A.(N.S.)  576. 

Validity  of  agreement  by  which  compen- 
sation is  dependent  on  success  in  pro- 
curing contract  with  public  officer  or 
board.     39  L.R.A.(N.S.)    747. 

Payment  o'f  commissions  to,  for  sale  of  bonds 
as  violating  requirement  that  bonds 
shall  not  be  sold  for  less  than  par.  39 
L.R.A.(N.S.)  248. 

Right  of  real  estate  brokers  to  assert  a 
vendor's  lien  to  recover  their  commis- 
aion  earned  in  the  sale  of  the  land.  47 
L.RJL(N.S.)    190. 

§  9.  Fraud  and  secret  dealings  of  real 
estate  broker  as  affecting. 

General  doctrine.    45  L.R.A.  33. 

In  order  to  decrease  price.    45  L.R.A.  36. 

In  case  of  conflicting  interests.  45  L.R.A. 
37. 

Nondisclosure  of  true  position.  46  L.R.A. 
37. 

Soliciting  others.    45  L.R.A.  39. 

Conspiring  with  purchaser.    45  L.R.A.  39. 

Secret  profit.    46  L.R.A.  39. 

Negligence  of  broker.     45  L.R.A.  39. 

Agreement  to  divide  commissions.  45 
L.R.A.  40. 

By  purchase  of  property.    45  L.R.A.  40. 

Double  commissions.     45  L.R.A.  44. 

Exceptions  to  rule.    45  L.R.A.  48. 

As  affecting  purchaser.    45  L.R.A.  52. 

Miscellaneous  cases.    45  L.R.A.  53. 

Eurden  of  proof.    45  L.R.A.  53. 

Right  of  real  estate  broker  who  acts  for 
both  parties,  to  commissions.  24 
L.R.A.  (N.S.)    659. 

Custom  among  real  estate  brokers  to  take 
rebates  or  commissions  from  other  par- 
tv  as  affecting  right  to  compensation 
from  employer.    34  L,R.A.(N.S.)   1047. 

"Right  of  principal  to  recover  from  broker 
or  other  agent  commissions  which  lat- 
ter received  from  other  party  to  the 
contract.    28  L.R.A. (N.S.)  952. 

Right  of  broker  held  to  account  for  secret 
profit,  to  retain  commission.  5  B.R.C. 
188. 

Right  of  broker  to  recover  commissions: 
where  owner  has  refused  to  make  the 
sale  for  a  price  otherwise  satisfactory, 
because  of  broker's  misrepresentations 
as  to  oflFers  obtained.  L.R,A.1917B,  922, 

§  10.  Negligence,  fraud,  or  defanlt«of 
principal,  or  defective  title,  as  af- 
fecting. 

Default   of    principal    in    entering    into    or 
carrying    out    contract    with    pur- 
chaser.    43  L.R.A.  503. 
Default     in     carrying    out     contract    with 

broker.     43  L.R.A.  GOG. 
Misrepresentation   and   fraud   of   princioal 

43  L.R.A.  614.  ^ 

Where  sale  fails  because  of  defects  in  em- 
ployer's title.    43  L.R.A.  609;  3  L.R  A 
(N.S.)     576;     24    L.R.A. (N.S.)     11.^2;" 
L.R.A.1915E,  714. 
Begin  with  this  book  on  every  luw  question. 


BROKERS,  II.— cont'd 

Where  sale  fails  because  of  inaccuracy  of 
owner's  representations.  15  L.R.A. 
(N.S.)    1262. 

Where  sale  or  loan  fails  because  of  owner's 
refusal  to  give  indemnity  against  possi- 
ble mechanics'  liens  or  otiier  encum- 
brances.   15  L.R.A.(N.S.)   187. 

Where  broker  procures  purchaser  at  price 
stated  by  his  principal,  but  on  slightly 
different  term.s  in  regard  to  cash  or 
time  of  payment,  and  the  owner  refuses 
to  consummate  the  sale.  21  L.R.A. 
(N.S.)  935. 

Right  of  brokor  to  recover  commissions 
where  owner  has  refused  to  make  the 
sale  for  a  price  otherwise  satisfactory 
because  of  broker's  misrepresentations 
as  to  price  obtained.    L.R.A.1917B,  922. 

§11.  Procuring  cause  of  sale  or  ex- 
change; sale  by  principal  to  brolc- 
er's  customer. 

When   real   estate   broker   is  considered   as. 

44  L.R.A.  321. 
Procuring  cause  of  sale.    44  L.R.A.  321. 
When    several    brokers    are    employed.      44 
L.R.A.   337;    23   L.R.A.  (N.S.)  "  IGl;    27 
L.R.A.(N.S.)   195. 
In  case  of  a  sale  by  his  principal.  44  L,R.A. 

344. 
Effect  upon  the  right  to  commission,  of  fact 
that   owner   sells   to   broker's   cus- 
tomer at  reduced  price.     35  L.R.A. 
(N.S.)   272;  34  L.R.A. (N.S.)   1050. 
Broker's  right  to  commission  for  introduc- 
ing to  owner  one  who  had  already  de- 
termined to  buy  the  property  before  see- 
ing the  broker.    L.R.A.1917E,  1175. 
Right  of  broker  who  secures  tenant  to  com- 
mission   on    sale   where    tenant   subse- 
quently purchases.     6  B.  R.  C.  788. 

§  12.  Performance  of  contract. 

By  a  real  estate  broker  to  find  a  purchaser 
or  effect  an  exchange  of  his  principal's 
property.    44  L.R.A.  593. 
Necessity  of  securing  written  contract  from 
■purchaser  to  entitle  real  estate  broker 
to  commissions.    46  L.R.A. (N.S.)  129. 
Right  to  compensation  upon  procuring  cus- 
tomer to  take  an  option.    43  L.R.A. 
(N.S.)   91. 
Right  of  broker  to  commission  for  securing 
a  purchaser  for  part  of  the  prop- 
erty.    51  L.R.A.(N.S.)   254. 

§  13.  Amount  of. 

Nature  of  contract  by  which  owner  agrees 
to  pay  another  all  over  specified  sum 
for  procuring  a  sale.  35  L.R.A. (N.S.) 
116. 


BROTHELS. 


See  Disorderly  Houses. 


INDEX  TO  L.R.A.  NOTES. 


135 


BROTHERS  AND   SISTERS. 

Allowance  for  mental  anguish  resulting 
from  failure  to  deliver  telegram  as  to 
illness  or  death  of  brother  or  sister,  see 
Damages,  §  103. 

Inheritance  bv  illegitimates  from.  23 
L.R.A.  755. 

Insurable  interest  in  life  of.  2  L.R.A.  844;* 
54  L.R.A.  231;   45  L.R.A.  (N.S.)    982. 

As  members  of  family  of  insured.  3  L.R.A. 
(N.S.)   334. 

_Mlowance  for  mental  anguish  from  inability 
to  attend  insane  brother  because  of  fail- 
ure to  deliver  telegram.  49  L.R.A. 
(N.S.)    238.  334. 

Statutory  right  of  action  for  death  of. 
L.R.A.1916E,   131. 

JRight  of  brother  to  maintain  action  for 
mutilation  of  corpse.  L.R.A.1915B, 
524. 

Implied  agreement  to  pay  for  services  ren- 
dered to.     11  L.R.A. (N.S.)    883. 

Enforcement  in  equity  of  grantee's  oral 
promise  to  grant  or  to  hold  in  trust 
in  case  of  conveyance  between  brother 
and  sister.     39  L.R.A. (N.S.)    928. 

Killing  or  assaulting  of,  as  sufficient  prov- 
ocation to  reduce  homicide  to  man- 
slaughter.    17  L.R.A.(N.S.)   795. 

One  as  agent  of  the  other  in  contracting  for 
ser\'ice8  of  other  persons.  L.E.A.1918F, 
32. 


BUFFERS. 

Master's   liability   for   injury   by   defect  in. 

13  L.R.A.(N.S.)   675. 


T5ROTHERS-IN-IiAW    AND    SISTERS- 
IN-LAW, 

As  member  of  family  of  insured.  3  L.R.A. 
(N.S.)   336. 

Implied  agreement  to  pay  for  services 
rendered  to.     11  L.R.A.  (N.S.)    887. 

Sister-in-law  as  a  "dependent"  within  re- 
strictions as  to  beneficiaries  of  mutual 
benefit  associations.  36  L.R.A. (N.S.) 
209. 

Validity  of  marriage  with  sister-in-law. 
L.R.A.1916C,  756. 

^•» 


BRUTAIilTY. 

Xibel  or  slander  by  charge  of,  against  pub- 
lic officer  or  candidate.  L.R.A.1918E, 
40. 


BUBONIC  PLiAGUE. 

night  to  injunction  against  being  sent  to 
pest  house.  23  L.R.A.  (N.S.)  1188; 
L.R.A.1916A,   1239;    L.R.A.1918A,   120. 


BUCKET  SHOP. 


Mandamus  to  compel  delivery  of  market 
quotations  to.     3  L.R.A. (N.S.)    153. 

nights  of,  as  to  market  quotations.  7 
L.R.A.(N.S.)    889. 

Applicability  to  bucket  shops  of  penal  stat- 
utes in  relation  to  "games  of  hazard," 
"gambling  devices,"  etc.  25  L.R.A. 
(N.S.)   158. 

-As  "pi ace  for  gaming."  20  L.R.A.  ( N.S. )  347. 
Consult  also  L.B.A.  Digests  of  Cases. 


BUILDING  AND   CONSTRUCTION 
CONTRACTS. 

§   1.  Generally. 

Bond  of  contractor^  see  Bonds,  §§  9,  10. 

Construction  of,  see  Contracts,  §  65. 

Performance  of,  and  acceptance  of  perform- 
ance, see  Contracts,  V.  b. 

Measure  of  damages  for  breach  of,  see  Dam- 
ages, §  22a. 

Lien  of  contractor,  see  Mechanics'  Liens. 

Contract  for  public  improvement,  see  Pub- 
lic Improvements,  §§  7-9. 

Authority  of  agent  in  charge  of  construc- 
tion work  to  contract  for  services  of 
other  persons.     L.R.A.1918F,  71. 

Specific  performance  of.    6  B.  R.  C.  912. 

Who  may  take  advantage  of  failure  to  file 
assignment  of  a  building  contract  or 
of  the  money  due  thereunder.  L.R.A. 
1917F,  1127. 

Validity  of  contract  in  violation  of  law.  12 
L.R.A.(N.S.)   607. 

Mistake  in  computation  by  contractor  as 
ground  for  relief.    L.R.A.1917D,  745. 

Liability  of  architect  or  engineer  for  negli- 
gence in  issuing  certificates.  4  B.  R.  C. 
859. 

Employees  engaged  in  construction  work  as 
within  purview  of  statutes  abrogating 
fellow-servant  rule.  47  L.R.A.(N.S.) 
114. 

Admissibility  of  parol  evidence  to  vary 
written  contract  in  favor  of  or  against 
a  stranger  to  the  contract.  L.R.A. 
1916A,  600,  611. 

Effect  of  statute  of  frauds  on  parol  con- 
tracts which  may  but  are  not  intended 
to  be  performed  within  a  year.  15 
L.R.A.(N.S.)   316. 

Aiding  interpretation  of,  by  extrinsic  docu- 
ments or  examples.  9  L.R.A. (N.S.) 
1007. 

Right  to  rescind  or  abandon  contract  be- 
cause of  other  party's  default.  30 
L.E.A.  67. 

Assignability  of  contracts  which  contain  no 
provision  with  reference  thereto.  21 
L.R.A.(N.S.)   359. 

Maritime  liens  under.    70  L.R.A.  413. 

Promise  of  additional  compensation  for 
completing  an  executory  contract  other 
than  for  the  payment  of  money.  28 
L.R.A.  (N.S.)   450. 

Building  and  construction  contractors  as 
independent  contractors.  17  L.R.A. 
(N.S.)  371. 

Contractors  liability  to  replace  bridge  de- 
stroyed by  unprecedented  flood  against 
wliich  he  docs  not  contract.  15  L.R.A. 
(VS.)    833. 

§  2.  Provision  in,  for  paying  laborers 
aiiil  mulerialineii. 

Right  of  laborers  or  materialmen  in  fund 
retained  pursuant  to  contract  for 
public  work,  to  insure  payment  of 
their  claims.   37  L,R.A,(N.S.)   575. 


1S6 


INDEX  TO  L.KA.  NOTES. 


BUILDING  AND  CONSTRUCTION  CON- 
TRACTS—cont'd 

Implied  power  to  incorporate  in  contract  for 
public  work,  or  in  contractor's  bond,  a 
requirement  that  the  contractor  shall 
pay  materialmen.  11  L.R.A.  (N.S.) 
1028;  46  L.R.A.(N.S.)   325. 

Constitutionality  of  statute  making  owner 
personally  liable  to  laborers  or  ma- 
terialmen because  of  noncompliance 
with  provisions  for  their  protection. 
39  L.R.A.(N.S.)    868. 

Burden  of  proof  in  action  between  owner 
and  contractor  as  to  claims  of  mechan- 
ics and  materialmen  paid  by  owner. 
44  L.RA.(N.S.)   80. 


BUILDING 


AND      IjOAN 
TIONS. 


ASSOOIA- 


§  l.~  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 

STrrunoNAL  Law,  §  53. 
Usury  by,  see  Usury,  §  4. 

Change  of  plan  of;  effect  on  contract 
4  L.R.A.(N.S.)  1047. 

Transfer  of  amount  from  another  associa- 
tion; principal  of  loan.  4  L.R.A.(N.S.) 
98. 

Right  of,  to  transfer  loan  made  to  member. 
4  L.R.A.(N.S.)   439. 

Validity  and  effect  of  statute  requiring  de- 
posit of  securities  as  a  prerequisite  to 
the  right  to  transact  business.  9  L.R.A. 
(N.S.)    461. 

Appointment  of  receivers  for,  when  no  other 
relief  is  asked.     20  L.R.A,  214. 

§  2.  Powers  generally. 

Power  to  borrow  money  to  pay  withdrawing 

members.     20  L.R.A. (N.S.)   393. 
Power  to  issue  negotiable  paper.    43  L.R.A. 

419. 
§  3.  Stock. 

Shares  of  stock  in  building  and  loan  asso- 
ciation as  "credits"  within  taxing  stat- 
ute.    38  L.R.A. (N.S.)    137. 
Estoppel  of  association  to  assert  illegality 
of  its  by-law,  or  stipulation  in  stock, 
that  the  stock  will  mature  at  a  fixed 
time.    15  L.R.A.(N.S.)  503. 
Right  to  apply  payments  made  on  stock  in 
a  building  and  loan  association  up- 
on a  mortgage  given  for  a  loan  by 
the  same  member.     29  L.R.A.  120. 
Basis  of  settlement  between   building  and 
loan     association     and     borrowing 
member  before  maturity  of  stock, 
43  L.R.A.(N.S.)  874. 

§  4.  Premiums. 

Fixed  premiums  or  fixed  minimum  of  premi- 
ums in  building  and  loan  associations. 
35  L.R.A.  244. 

§  5.  Mortgage. 

Basis  of  settlement  between  building  and 

loan  association  and  borrowing  member 

before   maturity  of   stock.     43   L.R.A. 

(N.S.)  874. 
Right  to  apply  payments  made  on  stock,  on 

a  mortgage  given  by  same  member  fos  a 

loan.     29  L.R.A.  ]20. 


BUILDING  AND  LOAN  ASSOCIATIONS— 
cont'd 

Provision  in  mortgage  for  payment  of  fines. 
35  L.R.A.  220. 

Liability  of  advanced  member  of  loan  asso- 
ciation to  assessment  for  losses  after 
release  of  mortgage.     29  L.R.A.  181. 

Application  of  withdrawal  account  to  mort- 
gage.    35  L.R.A.  294. 

§  6.  Assessments. 

Liability  of  advanced  member  of  building 
and  loan  association  to  assessment 
for  losses.    29  L.R.A.  177. 

§  7.  Fines. 

Nature  and  validity.     35  L.R.A.  215. 

Amount;  reasonableness.     35  L.R.A.  217. 

Construction  of  provisions  imposing.  35 
L.R.A.  218. 

Cumulative  and  successive  fines.  35  L.R.A. 
219. 

Fines  on  fines.     35  L.R.A.  220. 

Interest  on  fines.     35  L.R.A.  220. 

Secured  by  mortgage.     35  L.R.A.  220. 

Enforcement.     35  L.R.A.  221. 

Payment;   crediting.     35  L.R.A.  221. 

Remission;  failure  to  enforce.  35  L.RA. 
222. 

When  fines  cease.     35  L.R.A.  222. 

Provision  in  mortgage  for  payment  of.  35 
L.R.A.  220. 

§  8.  Withdrawals. 

What  is  a  withdrawal.    35  L.R.A.  289. 
Right  to  withdraw.     35  L.R.A.  289. 
Status  of  withdrawing  member.     35  L.R.A. 

290. 
Change  of  rules  affecting  withdrawal. 

L.R.A,  291. 
Notice  of  withdrawal.     35  L.R.A.  292. 
Terms  and   conditions  of  withdrawal. 

L.R.A.  292. 
Payment    of    withdrawals;    priorities. 

L.R.A.  294. 
Withdrawal    by    borrowing    members. 

L.R.A.  296. 
When  association   is  insolvent  or  is  being^ 

wound  up.     35  L.R.A.  298. 
Termination    of    liability    by    withdrawals. 

35  L.R.A.  300. 
Orders  to  pay  withdrawals.    35  L.R.A.  300. 
Action   to  enforce  withdrawal.     35   L.R.A. 

301. 
Power  of  associations  to  borrow  money  to- 

pay   withdrawing   member.     20   L.R.A, 

(N.S.)   393. 
Withdrawals  from  building  and  loan  asso> 
ciation  while  a  solvent  going  con- 
cern.    49  L.R.A.(N.S.)   1129. 
Withdrawals  from  building  and  loan  asso- 
ciations   as   affected    by    insolvency    or 

winding-up  business.     49  L.R.A.(N.S.) 

1142. 


35 


35 
35 


35 


BUHiDING  COMMITTEE. 

Authority  of,   to  contract   for   services  of 
other  persons.     L.R.A.1918F,  71. 


^•» 


BUILDING   LINE. 

Power  to  establish.  42  L.R.A.(N.S.)  1123; 
44  L.R.A.(N.S.)  1030;  L.R.A.19150,. 
98L 


Begin  tvith  this  boole  on  every  law  q^uestion. 


INDEX  TO  L.R.A.  NOTES. 


137 


BUILDING  LINE— cont'd 

Wliat  part  of  a  structure  must  be  beyond 
the  line  to  constitute  a  violation  of  a 
building  restriction.  52  L.R.A.  (N.S.) 
1044. 


BUILDING   LOTS. 


Possible  division  of  land  into  building  lots 
as  element  of  compensation  in  eminent 
domain.    L.R.A.1917A,  410. 


BUILDING  MATERIALS. 

§  1.  Generally. 

Liability    on    contractor's    bond    for,    see 

BoNDe,  §  10. 
Mechanics'  lien  for,  see  Mechanics*  Liens. 

Building  materials  not  actually  attached  to 
land  as  fixtures.  69  L.R.A.  898;  15 
L.R.A. (N.S.)    727. 

Doctrine  of  "attractive  nuisance"  as  implied 
to  injury  from.     19  L.R.A.  (N.S.)   1129. 

§  2.  In  street. 

•    Obstruction  of  street  by.     14  L.R.A.  560; 

19  L.R.A.  643. 

Right    of    abutting    owner    to    deposit,    in 

street.    19  L.R.A. (N.S.)  610. 
Municipal  liability  for  injury  by,  in  street. 

20  L.R.A.(N.S.)    655;  46  L.R.A. (N.S.) 
330. 

Duty  uf  municipality  to  guard  building  ma- 
terial  in   street.     3   L.R.A. (N.S.)    386. 


BUILDING  PERMIT. 


See  Buildings,  §  2. 


^•» 


BUILDING  RESTRICTIONS. 

See  Covenants,  §§  5-7,  21-25. 

BUILDINGS. 

J.  Statutory    and    municipal    regula- 
tions,  §§   1-6. 
II,  Private   Hghts    and    liabilitieSf    §§ 
7-13. 

Public  buildings,  see  Public  Buildings. 

Erection  of  buildings  in  squares,  parks,  or 
commons  as  a  divereion.  50  LJl.A. 
(N.S.)  466. 

I.  Statutory  and  municipal  regulations. 

%  1.  Generally. 

Constitutionality  of  statutes  as  to,  see  CoN- 

STTTUnONAL  LaW,   §   64. 

Regulations  as  to  garage,  see  Garage. 
Consult  also  L.ll.A.  Digests  of  Cases. 


BUILDINGS,  I.— cont'd    . 

Municipal  control  over  buildings  as  nui- 
sances, see  Municipal  Corporations, 
§   38. 

Police  power  of  municipal  corporation  over 
school  building  within  its  limits.  47 
L.R.A.(N.S.)    892. 

Effect  of  building  regulations  on  right  to 
lateral  and  subjacent  support.  68 
L.R.A.  680. 

Constitutionality  of  police  regulations  con- 
cerning.    16  L.R.A.  400. 

Exercise  of  police  power  for  esthetic  pur- 
poses.    L.R.A.1917A,  1220. 

Validity  of  statute  or  ordinance  requiring 
the  lighting  of  private  premises.  L.R.A. 
1918D,  688. 

Validity  of  public  restriction  as  to  location 
of  mercantile  business.  L.R.A.1917F, 
1060. 

Delegation  of  municipal  power  as  to.  20 
L.R.A.  725. 

Private  action  for  violation  of  building  law. 
9  L.R.A.(N.S.)    376;  L.R.A.1915E,  541. 

§  2.  Building  permit. 

Power  of  municipality  to  require  permit 
to  construct  or  repair  buildings  within 
its  limits.     13  L.R.A.(N.S.)    737. 

Revocation  of  municipal  license  for.  1 
L.R.A.(N.S.)  458. 

§  3.  Restrictions  on  lielght  of. 

Constitutionality  of  statute  or  ordinance 
limiting  height  of.  23  L.R.A.(N.S.) 
1160;  L.R.A.1918C,  78. 

§  3a.  Building  line. 

Power  to  establish  building  line.  42  L.R.A, 
(N.S.)  1123;  44  L.R.A. (N.S.)  1030; 
L.R.A.1915C,  98L 

§  4.  Fire  limits. 

Injunction  by  municipality  against  wooden 
buildings.     41  L.R.A.  328. 

Municipal  control  over  wooden  and  frame 
buildings  as  nuisances.     38  L.R.A.  170. 

Power  of  municipality  granting  permission 
to  build  or  repair  wooden  building  with- 
in fire  limits  to  limit  the  time  of  t)if» 
continuance  of  the  structure.  18  L.R.A- 
(N.S.)    402. 

What  is  a  sufficient'  compliance  with  ordi- 
nance requiring  buildings  to  be  con- 
structed of  noncombustible  material. 
2  L.R.A.(N.S.)    483. 

Moving  building  within  fire  limits  as  viola- 
tion of  prohibition  against  erection 
within  such  limits.  24  L.R.A. (N.S.) 
457. 

Power  to  prohibit  or  restrict  repair  of 
wooden  buildings  within  fire  limits. 
51  L.R.A. (N.S.)   62. 

Power  to  require  removal,  or  to  prohibit 
repairs,  of  wooden  building  witnin  fire 
limits  when  damaged  or  partially  de- 
stroyed by  fire.     21  L.R.A.(N.S.)'  454. 

Remodeling,  reconstructing,  or  augmenting 
building  as  construction  or  erection 
within  fire-limit  statute  or  ordinance. 
26  L.R.A.(N.S.)   120. 


138 


INDEX  TO  L.R.A.  NOTES. 


BUILDINGS,  I.— cont'd 

What  constitutes  repair,  reconstruction,  al- 
teration, etc.,  of  building  within  fire- 
limit  statute  or  ordinance.  26  L.R.A. 
(N.S.)   124. 

Private  action  for  violation  of  statute  as  to 
fire  limits.     9  L.R.A.(N.S.)    381. 

§  5.  Fire  escapes. 

Change  of  ordinance  requiring  fire  escapes 
after  compliance  therewith.  2  L.H.A. 
(N.S.)  398. 

Conclusiveness  of  official  certificate  approv- 
ing fire  escapes.     1  L.R.A.(N.S.)    1091. 

Liability  for  absence  or  condition  of,  to 
tenant  of  part  of  premises.  23  L.R.A. 
L57. 

Effect  of  lack  of  fire  escapes  on  liability  of 
tenant  for  rent.     39  L.R.A.(N.S.)   894. 

Landlord's  liability  for  injurv  to  servant 
of  tenant  by  defects  in.  'L.R.A.1916F, 
1148. 

Private  action  for  violation  of  statute  re- 
quiring. 9  L.R.A. (N.S.)  379;  L.R.A. 
191.5E,  544. 

Violating  ordinance  as  to  fire  escapes  as 
ground  for  private  action.  5  L.R.A. 
(N.S.)   261. 

Liability  for  injuries  caused  by  lack  or  in- 
sufficiency of  fire  escapes.  15 
L.R.A.  160;  10  L.R.A.(N.S.)  177; 
21  L.R.A.(N.S.)  178;  39  L.R.A. 
(N.S.)  744;  L.R.A.1917C,  1153. 

§  6.  Destruction  of. 

Effect  of  destruction  generally  on  private 
rights,  see  infra,  §  8. 

Liability  of  city  for  destroying  buildings  to 

stop  spread  of  fire.     19  L.R.A.  197. 
Municipal   liability  for  destroying  infected 

house.     22  L.R.A.(N.S.)   1128. 
Liability  for  destruction  of,  as  a  nuisance. 

19  L.R.A.  198. 
Limit  of  power  of  municipality  to  destroy 

building  as  a  nuisance.    38  L.R.A.  166. 

//.  Private  Hghts  and  liabilities. 

§  7.  Generally. 

Contracts  for  erection  of,  see  Building  and 

COXSTRUCTION    CONTBACTS. 

Building  materials,  see  Building  Mate- 
rials. 

Restrictive  covenants  as  to,  see  Covenants, 
§§  5-7,  21-25. 

Measure  of  damages  for  injury  to,  see  Dam- 
ages, §  73a. 

As  to  dwellings  generally,  see  Dwelungs. 

Encroachment  of,  see  Encroachments. 

As  fixtures,  see  Fixtures. 

As  to  flats,  see  Flats. 

Vacancy  of  insured  building,  see  Insur- 
ance, §§  75,  86. 

Insurance  against  fall  of,  see  Insurance, 
§  154. 

Support  of,  see  Lateral  Support;  Sub- 
jacent Support;   Support,  §  6. 

Mechanics'  lien  on  building,  see  IMechaNICS' 
Liens. 


BUILDINGS,  IL— cont'd 
Party  walls,  see  Party  Walls. 
Walls  of,  see  Walls. 

Liability  of  railroad  for  injury  to  person  in« 
building  upon  right  of  way.  50  L.R.A. 
(N.S.)    1191. 

Right  of  owner  or  lessee  of  mineral  in  place 
to  use  surface  for  erection  of.  48 
L.R.A.(N.S.)    888. 

On  leased  premises,  mortgage  on.  21  L.R..^. 
347. 

Presumption  as  to  authority  to  place  build- 
ing on  another's  land.  9  L.R.A. (N.S.) 
603. 

Prescriptive  right  to  maintain.  53  L.R.A. 
901. 

Compelling  purchaser  at  judicial  sale  to 
complete  purchase  where  title  to  build- 
ings  is   imperfect.     21   L.R.A.  48. 

Separating  and  severing  in  taking  property 
under  power  of  eminent  domain.  57 
L.R.A.  941. 

Effect  of  placing  buildings  on  land  on  ques- 
tion of  adverse  possession.  33  L.R.A. 
(N.S.)   934. 

Import  of  word  "addition"  in  policy  of  fire 
insurance.     33  L.R.A. (N.S.)    156. 

Right  of  life  tenant  to  timber  for.  37  L.R.A. 
(N.S.)  765. 

Right  to  maintain  action  for  conversion  of 
buildings  on  land  in  another  state  or 
country.  26  L.R.A.  (N.S.)  940;  34 
L.R.A.(N.S.)  994. 

Relationship  of  owners  of  different  floors. 
3  L.R.A.(N.S.)    510. 

Time  for  removal  of,  after  revocation  of 
parol  license.    2  L.R.A. (N.S.)   1002. 

Land  as  appurtenance  to.     15  L.R.A    652. 

Covenants  on  division  of  building  bv  sale  of 
part  thereof.     38  L.R.A. (N.S./  706. 

When   provision   in   conveyance   as  to  erec- 
tion   of,    regarded    as   condition    subse- 
.  quent.     3  L.R.A.  (N.S.)    741;  23  L.R.A.. 
(N.S.)    771. 

Creation  of  easement  of  support  by  sever- 
ance of  tract  of  land.  26  L.R.A.(N.S.) 
364;  L.R.A.1915C,  353. 

Right  to  interfere  with  light  and  air  by 
building  over  right  of  way.  16  L.R.A. 
(N.S.)   193. 

Use  for  building  of  land  dedicated  for 
squares,  parks,  or  commons,  as  a  di- 
version. 25  L.R.A.  (N.S.)  982;  50- 
L.R.A. (N.S.)  465. 

Measure  of  damages  for  wrongful  injunction 
restricting  erection  of  building.  3^ 
L.R.A.  (N.S.)  180. 

§  8.  Injury  to,  or  destruction  of. 

Liability  of  municipality  for  destruction  of,, 

see  supra,  §  6. 
Criminal   liability   for   setting   fire   to,   see 

Arson. 
Measure  of  damages,  see  Damages,  §  73a. 
Effect   of   destruction  of  buildings  pendinc 

contract    for 


purchase    of     land,    see- 
.  Vendor  and  Purchaser,  §  6. 

Begin  with  this  booh  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


139 


BUILDINGS,  II.— cont'd 

Scope  and  effect  of  constitutional  or  statu- 
tory provision  exempting  buildings 
from  condemnation  proceedings.  L.R.A. 
1916A,  1099. 

Liability  for  damages  caused  by  filling 
space  between  building  and  wall  of  ad- 
joining building.     L.R.A.1616D,  765. 

Liability  in  absence  of  negligence  for  dam- 
ages to  from  substances  thrown  in 
blasting.  17  L.R.A.  220;  34  L.R.A. 
(N.S.)   211;  L.R.A.1917A,  1016. 

Destruction  of  building  as  a  nuisance.  38 
L.R.A.   166. 

Who  must  bear  loss  occasioned  by  destruc- 
tion of  building  in  process  of  erection 
or  repair.  5  L.R.A. (N.S.)  1105;  22 
L.R.A.(N.S.)    364;    L.R.A.1917D,   101] . 

Effect  of  destruction  of  building  to  termi- 
nate adjoining  owner's  easement  of  sup- 
port. 19  L.R.A. (N.S.)  883;  46  L.R.A. 
(N.S.)   1021. 

§  9.  Duty  and  liability  as  to  condition 
of. 

Duty  and   liability  as  to  condition  of  fire 

escapes,  see  supra,  §  5. 
Negligence  as  to  condition  of,  see  Landlord 

AND  Tenant,  TV.  d;  Negligence. 
Precipitation  of  water  from,   see  Waters, 

§  54. 

Liability  of  county  for  injury  to  real  prop- 
erty on  actonnt  of  condition  of  build- 
ings.    39   L.R.A.   70. 

Liability  of  vendor  to  purchaser  on  account 
of  unsanitary  conditions.  34  L.R.A, 
(N.S.)   1035. 

Liability  of  municipal  corporation  for  tort 
in  connection  M'itb  buildings  used  by  it. 
25  L.R.A. (N.S.)    88. 

Municipal  liability  for  injuries  from  defects 
in  building  used  for  convenience  or 
pleasure  of  its  inhabitants,  L.R.A. 
1917E,  695. 

To  whom  is  the  duty  to  keep  office  building 
in  proper  condition,  owing.  26  L,R,A, 
(N.S.)   1213. 

Imputing  to  master  coservant's  negligence 
in  respect  to  dangers  incident  to  demo- 
lition  of,     54  L.R.A.   140, 

Negligence  as  to  electric  wires  on  or  in 
buildings.     32  L.R.A.  400, 

Right  to  interfere  with  wires  of  public 
service  corporation  in  moving  house 
along  a  street,     14  L,R,A.(N.S,)    448, 

§  10,  —individual  liability  for  falling 
building. 

Liability  of  owner  or  occupier,  34  L.R,A. 
557.       . 

Building  in  possession  of  contractor.  34 
L.R.A,  558. 

Liability  for  injury  to  person  in  street. 
34  L.R,A,  559, 

Liability  for  injury  to  person  on  adjoin- 
ing property.     34  L.R.A,  560. 

Liability  for  injury  to  person  on  property. 
34  L.R.A.  561, 

Xoglect  to  comply  with  covenants  in  lease. 
34  L.R.A.  562 

Illegal  building.     34  L.R.A.  562. 

Consult  also  L.R.A.  Digests  of  Cases. 


BUILDINGS,  XL— cont'd 

Liability  of  liremen.     34  L.R.A,  562. 

Act  of  third  person.     34  L.R.A.  563. 

Vis  major.     34  L.R.A.  563. 

Fire.     34  L.R.A.  563. 

Contributory  negligence.     34  L,R.A,  563. 

Liability   of   landlord   to  third  person,     26 

L.R.A.  200. 
Liability  of   landowner  for  fall  of  wall  or 

building    left    standing    after    fire. 

L.R.A.1915C,  704. 

§  11.  liiabllity  for  negligence  of  inde* 
pendent  contractor  working  on. 

Persons  engaged  in  construction  oi.  as  inde- 
pendent contractors.  65  L.R.A.  462,, 
486,  492. 

Persons  engaged  in  demolition  of,  as  inde- 
pendent contractors.     65  L.R.A.  486. 

Employer's  nonliability  for  acts  of  inde- 
pendent contractor  in  work  on.  65 
L.R.A.   643. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  construction  of. 
65  L.R.A.  648. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  repair,  recon- 
struction or  demolition  of.  65  L.R.A. 
649. 

Employer's  liability  for  acts  of  independent 
contractor  in  erection  of,  when  danger- 
ous to  persons  using  highways.  65 
L.R.A.  843. 

Liability  of  contractor  to  third  person  for 
defect  in  his  work  after  completion 
and  acceptance.  32  L.R.A,(N,S.)  968; 
L.R.A. 1915E,  766. 

§  12,  Contributory  negligence  of  per- 
son injured. 

Contributory  negligence  in  walking  through 
open  doorway  in,  24  L.R.A, (N.S.)  246; 
L.R.A.1917D,  892. 

Forgetfulness  of  defects  in,  by  person  in- 
jured, as  contriButory  negligence.  39 
L.R.A.  (N.S.)   899. 

§1.3.  Moving  of. 

Right  to  interfere  with  wires  of  public  serv- 
ice corporation  while  moving,  14 
L,R.A.(N.S.)   448;  L.R,A,1917C,  774. 


BULK. 

Sales    in    bulk,    see    FBAUDtrLENT    QoNVBY- 

ANCes,  §  la. 


BULLETIN   BOARDS. 

Publication  by,  of  matters  derogatory  to 
parties  to  litigation  as  contempt  of 
court.     2  B,  R,  C,  498, 


BURDEN  OF  PROOF, 

See  Evidence,  III, 


140 


INDEX  TO  L.R.A.  NOTES. 


BURGESS. 


Liability  to  civil  aotion  for  acts  of  judicial 
nature.    44  L.R.A.(N.S.)   164. 


BURGLARY. 


8  1.  Generally. 

Indictment  for,  see  Indictment,  Infobma- 

TioN,  AND  Complaint,  §  15. 
Insurance  against,  see  Insubance,  §  220. 
Effect   of    provision    in   accident    insurance 
policy    exempting    insurer    or   limiting 
its    liability    in   case   of   injury    inten- 
tionally inflicted  by  another,  where  in- 
juries   are    inflicted   by    bu-glara.      48 
L.RJl.(N.S.)  628. 
What  are  burglar's  tools  veithin  statute  for- 
bidding possession  of   such   tools.     50 
L.R.A.(N.S.)  825. 
Homicide    in    attempting   to    prevent.      67 

L.R.A.  634. 
Absence  from  the  scene  of  homicide  as  af- 
fecting the  responsibility  of  a  pa^rty  to 
a  common  design  to  commit  burglary. 
L.R.A.I918B,  75. 
Instigation  to  commit.     25  L.R.A.  342;  51 

L.R.A.(N.S.)    828. 
Several  oflfenses  growing  out  of  same  facts. 

31  L.R.A.(N.S.)   727. 
Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance.    38 
L.R.A.(N.S.)   315. 
Character  of  occupation  by  servant  in  case 

of.     4   L.R.A.(N.S.)    727. 
Burglary  by  going  upon  piazza.     46  L.R.A. 

(N.S.)  999. 
Burglary  by  raising  window  already  partly 

open.     17  L.R.A.(N.S.)   1102. 
Burglary  by  forcing  screen  door  or  window. 
17  L.R.A.(N,S.)  1100;  38  L.R.A.(N.S.) 
770. 
Burglary    by    pushing    open    door    already 

partly  open.  47  L.R.A.(N.S.)  717. 
Breaking  as  aflFected  by  defendant's  author- 
ity    to     enter     building.       L.R.A. 
1915D,  1015. 
Breaking  out  as  the  equivalent  of  break- 
ing in  for  purposes  of  burglary  or 
housebreaking.     L.R.A.1915D,  972. 
Acquittal  or  conviction  upon  a  charge  of 
burglary  or  feloniously  entering  with 
intent  to  steal  goods  of  a  certain  per- 
son as  a  bar  to  a  subsequent  prosecu- 
tion   based    on    the    same    entry,    but 
charging  intent  to  steal  the  property 
of  another  person.     L.R.A.1915C,  627. 
Procuring  or  providing  instrumentalities  for 
commission  of,  as  attempt  to  commit. 
6  L.R.A.(N.S.)    804. 
Cruel    and    unusual    punishment    for.      35 
L.R.A.  670;  L.R.A.1915C,  566. 

§  2.  As  affected  by  value  of  goods  taken 
or  sought  to  be  taken. 

Where    building   empty,    or   chattel    sought 

not  there.     34  L.R.A.(N.S.)    243. 
Where    goods     sought    not    valuable.       34 
L.R.A.  (X.S.)   244. 


BURGLARY— cont'd 

Where  value  of  goods  sought  is  so  small 
that  their  larceny  would  not  be  a  fel- 
ony.    34  L.R.A.  (N.S.)   245. 

Pleading  and  proving  value.  34  L.R.A. 
(N.S.)    246. 

§  3.  Liability  for. 

Criminal   liability   for   agent's   acting.     41 

L.R.A.  652. 
Criminal  liability  of  children  for.    36  L.R.A. 

201. 
Liability  of  one  assisting  in,  during  which 

his    companion     commits     murder.       6 

L.R.A.(N.S.)   1154. 


§  4.  Defenses. 

Kleptomania  as  defense  to.  43  L.R.A.(N.S.) 
150. 

Intoxication  as  defense  to  burglary.  36 
L.R.A.  470;   L.R.A.1918A,  1168. 

Instigation  of  offense  as  a  defense  to  prose- 
cution. 30  L.R.A.{N.S.)  951;  51  L.R.A. 
(N.S.)    827. 

§  5.  Evidence. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  236,  285,  317,  324. 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  on  prosecution 
for.     69  L.R.A.  197,  207. 

Proof  of  corpus  delicti  in.  68  L.R.A.  41, 
70,  71,  72,  73. 

Possession  of  recently  stolen  property  as  evi- 
dence of.     12  L.R.A. (N.S.)   199. 

Right  of  one  to  testify  as  to  his  intent.  23 
L.R.A.(N.S.)    390. 

Right  to  admit  evidence  of  value  to  assess 
punishment.     34  L.R.A.  (N.S.)    249. 


BURIAIi. 

§  1.  Generally. 

Funeral  expenses,  see  Funebai,  Expenses. 
Injunction  as  to,  see  Injunction,  §  75. 
See  also  Btjbial  Lot;  Cemetebies;  Cobpse. 

Rights  and  duties  in  regard  to.     14  L.R.A. 

85. 
Prescriptive  right  with  respect  to  burial  of 

dead.     53  L.R.A.  895. 
Burial  insurance  and  funeral  benefits.      23 

L.R.A.(N.S.)   197. 
Injunctive  relief  as  to  burials.     3   L.R.A. 

(N.S.)  481. 

§  2.  Regulation  of. 

Regulation  of.     27  L.R.A. (N.S.)    260. 
Municipal  regulation  of  burial,  as  nuisance. 

38  L.R.A.  327. 
Constitutionality  of  restriction  on  business 

of  undertaking.     23  L.R.A. (N.S.)    147. 
Improper  burial  or  lack  of  proper  funeral 

services    as    a    criminal    offense.      42 

L.R.A.(N.S.)  211. 


BURIAL  GROUND. 


Pee  Cemetebies. 


Begin  voith  this  book  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


141 


BURIAL  INSURANCE. 

See  Insurance^  §  219. 


BURIAL  LOT. 


Character  of  owner's  estate  or  property  in, 
see  Cemeteries,  §  2. 

Assessment  for  street  improvement  against. 

L.R.A.1918A,  157. 
Liability     of     decedent's     estate     for.       33 

L.li.A.  666. 
Allowance  for  burial  lot  against  deceased's 

estate.     28  L.R.A.  (N.S.)    572. 
Prescription   or   adverse   possession   of.      40 

L.R.A.(N.S.)    752. 
Validity     of     testamentary     provision     for 

erection  of  monument,  or  for  the  care 

and     maintenance     of     tombs,     burial 

grounds,  etc.     1  B.  R.  C.  931. 
Right   to   specific   performance   of   contract 

to    convey    real    estate    as    affected    by 

attempted    reservation    of.      41    L.R.A. 

(N.S.)    384. 


BURIAL  PERMIT. 

See  Corpse,  §  4. 


BURNING. 

Cancelation  of  wills  by,  see  Wills,  §§  39, 

40. 
See  also  Arson, 


BURNING  FLUIDS. 

Keepinof   of,   on    insured   premises.     L.K.A. 
1917C,  278. 


BURNT  RECORDS. 


Destruction  of  record  of  deed  or  mortgage 
as  affecting  constructive  notice  import- 
ed thereby.     23  L.R.A. (N.S.)    1180. 


BUSINESS. 


§  1.  Generally. 

Rights  of  bank  to  do,  see  Banks,  §  2. 

As  to  business  name,  see  Name,  §  9. 

Equality  of  business  privileges,  see  Consti- 
tutional Law,  §  22. 

Constitutionality  of  restrictions  on,  see 
Constitutional  Law,  §  24. 

Constitutionality  of  statutes  regulating,  see 
Constitutional  Law,  §§  39-176. 

Contracts  in  restraint  of  competition  in,  see 
Contracts,  §§  107-109,  117,  118; 
Monopolies   and   Combinations. 

Consult  also  L.R.A.  Digests  of  Cases, 


BUSINESS— cont'd 

Doing  of  by  foreign  corporation,  see  CoBPO- 

RATIONS,   §§   145-148. 
Good  will  of,  see  Good  Will. 
Effect   of   suspension   of,   on   insurance,   see 

Insurance,  §  76. 
Municipal   regulation  of,  see  License,  II; 

Municipal  Corporations,  §§  42-50. 

What  constitutes.     14  L.R.A.  530. 

Admissibility  of  books  of  account  to  prove 
course  of.    52  L.R.A.  708. 

Patentability  of  method  of  transacting  busi- 
ness apart  from  the  means  for  carrying 
it  out.     24  L.R.A.  (N.S.)   665. 

Appropriations  of  public  funds  for  business 
enterprise.     14  L.R.A.  478. 

Kinds  of  business  affected  with  a  public 
interest  subjecting  them  to  regulation 
and  control  in  respect  to  rates  or  prices. 
6  L.R.A.(lsr.S.)    834. 

Right  of  attorney  at  law  to  solicit.  9 
L.R.A.  (N.S.)  282;  33  L.R.A.  (N.S.) 
941;   L.R.A.1917B,  1128. 

Validity  and  effect  of  statute  requiring  de- 
posit of  securities  by  loan  association 
as  prerequisite  to  right  to  transact.  9' 
L.R.A.(N.S.)    461. 

Personal  representative,  testamentary 
trustee  or  guardian  carrying  on  busi- 
ness.    40  L.R.A. (N.S.)   201. 

Employer's  duty  to  employee  to  continue 
in.     6  L.R.A.(N.S.)    807. 

Mutuality  of  accepted  proposition  to  fur- 
nish such  materials  as  one  needs  in  his 
business.  11  L.R.A.(N.S.)  713;  43 
L.R.A.(N.S.)    730;   L.R.A.1918E,  296. 

Power  of  municipality  to  grant  or  lease 
space  on  street  or  sidewalk  for  busi- 
ness   purposes.      25    L.R.A.(N.S.)    400. 

Ability  to  transact  business  as  affecting 
testamentary  capacity.  27  L.R.A. 
(N.S.)    49;   L.R.A.1915A,  456. 

Liability  of  one  who  sells  business  for  sup- 
plies subsequently  furnished  therefor 
on  credit  while  it  is  being  conducted 
under  the  same  name.  L.R.A. 1915F, 
711. 

Right  of  municipal  corporation  to  engage  in 
enterprise  generally  regarded  as  of  pri- 
vate character.     51  L.R.A.  (N.S.)    1143. 

Conducting  business  in  violation  of  law  as 
affecting  contract  for  its  sale.  45 
L.R.A. (N.S.)    810. 

Constitutionality  of  laws  prohibiting  carry- 
ing on  of  employments  or  occupations 
upon  certain  premises.  44  L.R.A. 
(N.S.)    46. 

Recovery  of  damages  for  mental  anguish  in 
case  of  business  telegrams.  49  L.R.A. 
(N.S.)   238. 

What  passes  under  devise  or  bequest  of. 
L.R.A.1917D,  435. 

Expenses  of  business  as  a  family  expense  or 
necessary  within  statute  rendering  wife 
or  her  property  liable  therefor.  L.R.A. 
1917F,  863. 

Parol  evidence  of  agreement  by  vendor  of, 
not  to  re-engage  therein  where  some 
part  of  the  agreement  has  been  reduced 
to  writing.    L.R.A.1917B,  276. 


142 


INDEX  TO  L.R.A,  NOTES. 


BUSINESS— cont'd 
§  2.  Injury  to. 

Conspirjuy  to  injure  business,  see  Conspib- 

ACY,   II. 
Measure    of    damages    for    injury    to,    see 

Damages,  §§  01,  81,  88,  111. 
Injunction    against    interference    with,    see 

Injunction. 
Libel  or  slander  injurious  to,  see  Libkl  and 

Sla.ndeb,  §§  14-20,  24-27. 
Municipal    control    over    nuisance    relating 

to,  Bi-e  Municipal  Cobpobations,  §  39. 
As   to  unfair  competition    in,   see   Unfaib 

CoMPErriTiON. 

Injunction  by  municipality  against  nui- 
sance  relating  to.     41    L.R.A.   326. 

Liability  for  damage  to  business  by  injur- 
ing' tangible  property  of  other  party. 
64  L.R.A.  94. 

Liability  of  individual  in  absence  of  any 
element  of  conspiracy  for  driving  away 
another's  customers.  22  L.R.A. (N.S.) 
1224;  L.R.A.1915B,  1180. 

Validity  of  agreement  at  common  law  by 
which  employer  seeks  to  direct  the 
trade  of  his  employees  to  other  party. 
24  L.R.A.(N.S.)  649. 

Distinction  between  indirectly  securing 
specific  performance  and  preventing  in- 
jury to  business  as  affecting  necessity 
that  services  be  unique,  to  warrant  in- 
junction against  breach  of  covenant 
not  to  enter  another's  employment.  35 
L.R.A.(N.S.)   119. 

Liability  of  user  of  electricity  for  inter- 
ference with  the  business  of  anotlier 
resulting  from  induction  or  from  use 
of  earth  as  a  return  electric  circuit. 
2  B.  R.  C.  ]29. 

Effect  of  bad  motive  on  liability  for  injury 
to.    62  L.R.A.  694. 

Landlord's  interference  with  business  rela- 
tions between  tenant  and  third  persons. 
L.R.A.1916B,  815. 

Right  of  physician  to  complain  of  regula- 
tions of  beneficial  association  or  em- 
ployer as  to  employment  of  physician. 
L.R.A.1916B,  839. 

Injury  to  one's  business  or  interests  as 
ground  for  an  injunction  against  an  il- 
legal business  establishment  not  di- 
rectly affecting  other  property.  45 
L.RA.(N.S.)    827. 

4  «  » 


BUSINESS  ESTABLISHMENT. 

Name  of  as  part  of  good  will,  see  Good 
Will,  $  5. 


BUSINESS  NAME. 


In  general,  see  Name,  §  9. 

Transfer  of  trademark  consisting  of,  by 
bankruptcy  or  insolvency  assignment. 
46  L.R.A.  .541. 

Begin  tiHth  this  book  on  every  law  question. 


BUTCHERS. 

Butcher  as  peddler  or  hawker.  L.R.A. 
191CB,  1296. 

Validity  of  restrictive  agreement  ancillary 
to 'sale  of  business  of.  24  L.R.A.  (N.S.) 
929;    L.R.A.19160,  630. 

Discrimination  against  nonrosidents  bj'  stat- 
ute or  municipal  ordinance  imposing 
license  tax  on.     40  L.R.A. (N.S.)    291. 


BUTTER. 

Imitation  butter,  see  Food,  §  9. 


BY-LAWS. 


Of  benevolent  society,  see  Benevolent  So- 
cieties, §  4. 

Of  building  and  loan  association,  see  Build- 
ing AND  Loan  Associations,  §  3. 

Of  corporation,  see  Cobpobations,  §§  20- 
22. 

Of  insurance  companies,  see  Insueance, 
§§  46,  47. 

Of  municipality,  see  Municipal  Cobpo- 
bations, §  52. 

Reasonableness  of,  see  Reasonableness, 
§  7. 

Of  savings  bank  as  affecting  liability  for 
payments  to  fraudulent  claimants.  69 
L.R.A.  318. 


BYSTANDERS. 


As  grand  jurors.     28  L.R.A.  203. 

Statements  of,  as  res  gestae.  20  L.R.A. 
(N.S.)  133;  33  L.R.A.(N.S.)  109;  42 
_L.R.A.(N.S.)  948. 

Accidental  killing  of,  by  shooting  in  self- 
defense.     2  L.R.A. (N.S.)    719. 

Liability  of  sureties  on  bond  of  peace  officer 
for  latter's  act  in  killing  or  injuring 
one  person  while  attempting  to  execute 
criminal  process  on  another.  29  L.R.A. 
(N.S.)   463. 

Liability  for  injury  to  bystander  watching 
progress  of   work.     L.R.A.1916F,    117. 


BYWAYS. 

Taking  of  property  for  as  a  public  use. 
L.R.A.  (N.S.)   102. 


22 


INDEX  TO  L.R.A.  NOTES. 


143 


CABIXET. 

What  passes  under  Ijequest  of  contents  of. 
L.R.A.1915C,  655,  661. 


CABLE. 

Obstruction  of  navigation  by,  liability  for. 

59  L.R.A.  75. 
Application  of  res  ipsa  loquitur  in  case  of 

injury  to  servant  by  breaking  of.  L.R.A. 

19'l7E,  239. 


CABLE  RAILROAD. 

As  additional  servitude  in  street.    36  L.R.A. 

(N.S.)   721. 


CABOOSE. 


Riding  on  top  of  as  contributory  negligence. 
3b  L.R.A. (N.S.)   425. 


CABS. 


See  Hacks, 


CADAVER. 


See  Corpse. 


CAFES. 

-Liabilitv  for  serving  unfit  food.     40  L.R.A. 
(N.S.)    480;   L.R.A.1915B,  48L 


CALABOOSE. 


Xiability  of  municipality  for  injuries  by 
confinement  in  unfit  calaboose.  2 
L.R.A.(N.S.)  95. 


CALLS. 

On  corporate  stock,   see  Cobpoeations,   §§ 
109-111. 


CAMPAIGN  FUNDS. 

Actionability  of  statement  as  to,  see  Libel 

a:^d  Slander   §  21. 
Consult  also  L.R.A.  Digests  of  Cases. 


Keep 


CAMPHENE. 

ing  of,   on   insured  premises.     L.R.A. 
1917C,  278. 


CANALS. 

§   1.  Generally. 

Condemnation  of  land  for,  see  Eminent 
Domain,  §  20. 

Municipal  liability  for  using  canal  as 
sewer  outlet.    61  L.R.A.  696. 

Boundary  on.     51  L.R.A.  179. 

As  navigable  water.     22  L.R.A.(N.S.)    435. 

Railroad  on  land  taken  for  canal  as  addi- 
tional servitude.     36  L.R.A. (N.S.)   731. 

§  2.  Construction  and  operation  of. 

Persons  engaged  in  construction  of,  as  in- 
dependent contractors.     65  L.R.A.  488. 

Use  of  navigable  strenm  as.     67  L.R.A.  850. 

Taking  of  propertv  for,  as  a  public  purpose. 
22  L.R.A.(N.S.)    152. 

As  public  improvement.     61  L.R.A.  833. 

Acquisition  of  rights.     61  L.R.A.  834. 

Extent  of  title.     61  L.R.A.  838. 

Compensation.     61   L.R.A.  841. 

Remedy.     61  L.R.A.  846. 

Other  matters.     61  L.R.A.  848. 

Location.     61  L.R.A.  849. 

Use  of.     61  L.R.A.  850. 

As  highway.     61  L.R.A.  850. 

Other  uses.     61  L.R.A.  852. 

Injury  by  construction  and  use.  61  L.R.A. 
858. 

Duty  to  patrons.     61  L.R.A.  862. 

Duty  of  canal  company  to  maintain  and 
operate  canal.     L.R.A.1917F,  789. 

Adjuncts  to  canal.     61,  L.R.A.  ^iV„. 

Rights  of  owner.     61  L.R.A.  808. 

Abandonment  and  transfer.     61   L.R.A.  871. 

Repair   and    improvement.     61    L.R.A.   876. 

Riparian   rights.     61   L.R.A.  877. 

Prescription.     61  L.R.A.  877 

Legislative  regulation  oi  tolls  on.  33 
L.R.A.  180. 

Necessity  of  franchise  for  taking  tolls  on. 
37  L.R.A.  715.  , 

Specific  performance  of  agreement  for 
maintenance  of  easement  for,  49 
L.R.A.  519. 

Reciprocal  easements  as  to  artificial  water 
rights.  17  L.R.A.(N.S.)    945. 

Liability  of  counties  for  injury  to  real  prop- 
erty from.    39  L.R.A.  69. 

Claims  against  state  for  injuries  on.  42 
L.R.A.  65. 

Personal  liability  of  canal  commissioners 
for  negligence.     22  L.R.A.  834. 

When  does  statute  of  limitations  commence 
to  run  against  action  for  damages 
caused  by  seepage  from  canal.  23 
L.R.A.(N.S.)    795. 

Allowance  of  interest  on  damages  to  prop- 
erty caused  by  negligent  construction 
of.     18  L.R.A.  454. 


144 


INDEX  TO  L.R.A.  NOTES. 


CANALS— cont'd 

Occupancy  of  locks.    4  L.R.A.(N.S.)  717. 

Duty  as  to  establishment  and  maintenance 
of  bridges  over  canals  for  use  of  ad- 
joining owners.     L.R.A.1915E,  687. 


CANCET^TION 
cont'd 


OF      INSTRUMENTS— 


OANOEIiATION  OF  INSTRUMENTS. 

§  1.  Generally. 

Of     contracts     generally,     see     Contbacts, 

§§  149-156. 
Jurisdiction  of  suit  for,  see  Equity,  §§  15, 

35a. 
Of  insurance  policy,  see  Insubance,  §§  49- 

52. 
Of  liquor  license,  see  Intoxicating  Liquoes, 

§  1^- 
Of  judgment,  see  Judgment,  §  77. 

Revocation  of  will  by,  see  Wills,  §§  39,  40. 

Bight  to  have  record  of  arrest  canceled. 
L.R.A.1917E,  777. 

Cancelation  of  will  upon  making  a  new  will 
or  with  the  intent  to  make  a  new  will. 
6L.R.A.(N.S.)  1107;  L.R.A.1918A,  914. 

Conclusiveness  of  decision  of  the  Land  De- 
partment canceling  a  patent  or  a  cer- 
tificate of  entry.     L.R.A.1918D,  634. 

Rights  and  liabilities  of  one  claiming  pub- 
lic land  under  final  certificate  in  event 
of  its  cancelation.     L.R.A.1918E,  1002. 

Of  bonus  stock.    38  L.R.A.  494. 

Alteration  of  instrument  by  cancelation  of 
material  provision  without  substituting 
new  matter.    32  L.R.A.(N.S.)  519. 

Effect  of  cancelation  of  delivered  but  unre- 
corded deed.  18  L.R.A.(N.S.)  1167; 
34  L.R.A.(N.S.)  495;  L.R.A.1918F,  402. 

Effect  of  failure  to  cancel  stamp  on  instru- 
ment.   48  L.R.A.  305. 

Reimbursement  of  taxes  paid  by  purchaser 
as  condition  of  cancelation  of  invalid 
tax  title.     L.R.A.1915C,  492. 

§  2.  Grounds  for. 

Mistake  of  law  as  to  effect  of  instrument 
as  ground  of.    28  L.R.A.(N.S.)   785. 

May  deed  of  real  property  executed  by  an 
incompetent  not  judicially  declared  such 
be  avoided  in  an  action  at  law.  19 
L.R.A.(N.S.)  461. 

Right  to  cancelation  of  contract  made  with 
foreign  corporation  because  it  has  not 
complied  with  the  laws  entitling  it  to 
do  business  within  the  state.  21  L.R.A. 
(N.S.)   707. 

Creditor's  right  to  have  satisfaction  of  judg- 
ment canceled  where  the  property  levied 
on  or  its  proceeds  is  returned  to  the 
debtor  as  exempt,  or  to  a  third  person 
who  establishes  a  claim  thereto.  11 
L.R.A.(N.S.)  396. 

Relief  of  grantor  in  conveyance  in  considera- 
tion of  agreement  to  support,  which  is 
broken  by  grantee.  43  L.R.A.(N.S.) 
916;  L.R.A.1917D,  627. 

Right  of  maker  or  indorser  of  bill  or  note 
for  illegal  consideration  to  cancelation 
thereof.     L.R.A.1918D,  941. 


§  3.  —  fraud. 

Jurisdiction  of  equity  to  cancel  instrument 
on  ground  of  fraud,  see  Equity,  §  15a. 
Of  deeds,  see  Deeds,  §§  33,  33a. 

Power  of  equity  to  take  jurisdiction  of  suit 
to  cancel  insurance  policy  for  fraud.  48 
L.R.A.(N.S.)   265. 

Undue  influence  in  conveyance  or  transfer 
of  property  in  consideration  of  support 
of  the  grantor  or  a  third  person.  52 
L.R.A.(N.S.)   476. 


CANDIDATES. 


As  to  nominations  for  office  generally,  see 

Election,  §§  25,  26. 
Libel  or  slander  of,  see  Libel  and  Slander, 

§  21. 

Discrimination  as  to,  in  primary  election 
laws.     L.R.A.1917A,  263. 

Validity  of  agreements  made  in  consider- 
ation of  withdrawal  of  candidacy  for 
office.     37  L.R.A.(N.S.)    289. 

Constitutionality  of  primary  election  laws 
imposing  new  restriotions  or  qualifi- 
cations on.  22  L.R.A.  (N.S.)  1142; 
L.R.A.1917A,  262. 

Right  of  candidate  receiving  next  highest 
number  of  votes  in  event  person  receiv- 
ing highest  number  is  ineligible.  34 
L.R.A.(N.S.)   240. 

Power  to  determine  eligibility  to  office  of 
one  nominated  at  primary  election.  39 
L.R.A.(N.S.)   826, 


CANNON. 

Negligence    in    discharge   of,   in   street.     3 
L.R.A.(N.S.)  759. 


CANVASSERS. 


Book  canvasser  as  hawker  or  peddler  with- 
in statutory  or  municipal  regulations. 
L.R.A.1916B,  1299. 


CANVASSING. 


Of  votes,  see  Elections,  §  18. 

Discrimination  against  nonresidents  by  stat- 
ute or  ordinance  as  to  licensed  can- 
vassers.     40   L.R.A. (N.S.)    289. 


CAPACITY. 


Begin  tvith  this  book,  on  every  law  question. 


To  make  contract,  see  Contracts,  §  24. 

To  make  will,  see  Wills,  III.  e. 

In  general,  see  Incompetent  Pebsons, 


INDEX  TO  L.R.A.  NOTES. 


CAPACITY— cont'd 

Right  of  court  to  hold  as  matter  of  law 
that  child  of  tender  years  is  incapable 
of  rendering  valuable  services.  41 
L.R.A.(N.S.)   795. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  688. 


CAPIAS  AD  RESPONDENDUM. 

See  Execution,  §  18. 


CAPIAS  AD  SATISFACIENDUM. 

See  Execution,  §  18. 

♦•» 

CAPITAL. 

Of  corporation,  see  Cobpobations,  VIII. 
Taxation  of,  see  Taxes,  §  36. 

Prevention  of  illegal  removal  of  state  capi- 
tal.    34  L.R.A.(N.S.)    380. 

Creation  of  partnership  by  provision  for 
taking  profits  from  investment  of,  as 
compensation.      IS    L.R.A.(N.S.)    1047. 

Right  to  grade  license  tax  according  to 
amount  of  capital  employed.  17  L.R.A. 
(N.S.)   898;  49  L.R.A.{N'.S.)   955. 

Tax  on  capital  stock  as  within  covenant  in 
lease,  sublease  or  assignment  of  lease 
as  to  payment  of  taxes  and  assessments. 
L.R.A.1915A,  342. 


CAPITAIi  PUNISHMENT. 

As  cruel  and  unusual  punishment. 
1915C,  561. 

»  >  » 


145 


L.R.A. 


CAPTAIN. 

Whose  servants  crew  of  chartered  vessel 
are  where  charterer  is  captain  of  the 
ship.     37  L.R.A.  58. 

♦  » » 


CAPITAL  CASE. 


Bail  in,  see  Bail  and  Recognizance,  §  la. 
Execution  of  death  sentence  in,  see  Cbimi- 
NAi.  Law,  §  75. 

Statute    allowing    plea    of    guilty    in.      16 

L.R.A.  358. 
Duty    of    court    before    accepting    plea    of 

gnilty.     22  L.R.A.(N.S.)  463. 
Permitting  separation  of  jury  in.    24  L.R.A. 

(N.S.)    776. 


CAPTURE. 

See  Peize  and  Captuee. 

♦-•-♦ 


CARBON   COPIES. 


Copies  of  document  made  by  mechanical 
means  as  original.  12  L.R.A. (N.S.) 
343. 


CARBON  DISULtPHIDE. 

Liability  for  injury  to  employee  by  explo- 
sion of.     L.R.A.1918B,  864. 


CARBON  Olli. 


CAPITALIZATION. 

Valuation  of  property  of  public  service  cor- 
poration for  purpose  of,  or  considera- 
tion of  capitalization  In  determining 
value  of  property,  see  Public  Service 
Corporation,  §  5. 

Of  earninpfs   in   ascertaining  value  of  pub- 
lic service  property.     48  L.R.A. (N.S.)  1 
1109;  L.R.A.1916F,  655.  I 

Consult  also  L.R.A.  Digests  of  Cases.    10 


Keeping  of,   on   insured   premises. 
1917C,  278. 


L.R.A. 


CARCASS. 


See  CoBPSE;  Dead  Animals. 


CARD  GAME. 


Card  game  for  drinks,  cigars,  or  other 
trivial  stakes  as  gambling  or  gaming. 
L.R.A.1918A,  1068. 


CARD  GAME  PARAPHERNALIA. 

As  gaming  device.     17  L.R.A.  (N.S.)    1210. 


CARD  INDEX. 


Admissibility  of  card  index  system  of  ac- 
counts.    L.R.A.1916B,  634. 

Right  of  public  to  benefit  of  devices,  data, 
etc.,  made  or  prepared  by  oflBcer  or  em- 
ployee.   L.R.A.1917B,  1183. 


146 


INDEX  TO  L.R.A.  NOTES. 


CARD  SHARP. 

Refusal  of  innkeeper  to  accept  or  serve  card 
sharp  as  a  guest.  52  L.R.A. (N.S.) 
744. 


CARELESSNESS. 


See  Negligence. 


CARE  TAKERS. 


Character  of  occupancy  of  premises  by.     4 

L.R.A.(X.S.)   717.' 
Authority  of  caretaker  of  building  to  con- 
tract   for    services    of    other    persons. 

L.R.A.1918F,  17. 
Duty  of  carrier  to  caretaker  accompanying 

shipment  of  livestock.    31  L.R.A. (N.S.) 

6.32. 
Right   of   carrier  to   limit   its   liability   to 

caretakers      accompanying      shipment. 

L.R.A. 1916A,  623. 
Liability  of  carrier  to  owner's  caretaker  for 

condition    of    stock    pens.      10    L.R.A. 

(N.S.)    576. 


CAR  HOSTIiERS. 


As  fellow  servants.     52  L.R.A.(N.S.)    1094. 


CAR   HOUSE. 


Right  to  use  railroad  right  of  way  for. 
L.R.A.{N.S.)    516. 


36 


CAR  INSPECTORS. 

As  fellow  servants.    50  L.R.A.  435,  457;  52 
L.R.A.(N.S.)    1090,  1095,  1098. 


CARMACK  AMENDMENT. 

In  general,  see  Cabbiebs,  §§  128-135. 

-As  affecting  state  regulations  as  to  ptipula- 
tions  limiting  liability  of  common  car- 
riers for  loss  of,  or  damage  to,  goods.  44 
L.R.A.(N.S.)  257;  50  L.R.A.(N.S.)  819. 

•-•-» 


CARNAL  KNOWLEDGE. 

See  Abduction  ;  Adulteby;  Incest;  Lasciv- 
ious Cohabitation;  Lewdness;  Pbos- 
tittjtion;  rape;  seduction;  sodomy. 

♦•» 


CAR  REPAIRERS. 

As  fellow  sorvaj'ts.     52  L.R.  X.'N.S.)   1100. 


CARRANZA. 

Effect  of  President's  recognition  of  the  Car- 
ranza  government.  L.R.A.I917A,  280; 
L.R.A.1918E,  361. 


CARRIAGES. 


Location  of,  as  affecting  insurance  on.     26 

L.R.A.  240. 
Liability   of   joint   owTiers   of,    for   torts   of 

common  servant.    51  L.R.A. (N.S.)  1116. 


CARRIERS. 


Begin  with  this  booh  on  every  law  question. 


I.   In  general,  §  J. 
II.   Who  are  comtnon  carriers,  §  2. 
III.  Carriers   of  passengers  and  other 
persons,  §§  3-100. 

a.  In  general,  §  3. 

b.  Mules     and     regulations     of 

carrier,  §  4. 

c.  Who  are  passengers,  §  §  5-9. 

d.  Misconduct       toward,      '  and 

abuse   of  passenger  gener- 
ally, §§  lO-lOa. 

e.  Assault  or  robbery,   §§   11— 

14. 

f.  Arrest;   false   imprisonment, 

§§   15-15a. 

g.  Tickets;    conditions;     fares, 

§§   16-29. 
h.  Ejection,  §§  30-35. 
i.  Performance    of   contract    of 

transportation,  §§  36-48. 
j.  Personal  injuries,  §§  49-74. 

1.  In  general,  §§  49-53. 

2.  Toward  whom  liable,  §§ 

54-62. 
8.  Getting  on  or  off;  start- 
ing   and    stopjiing,    §§ 
63-69. 
4L.  Safety    of    stations,    ap- 
proaches,      and      plat- 
forms,  §§   70-72. 
S.  Condition  of  cars  or  ves- 
sels, §§   73-74. 
tc.  Contributory    negligence    of 

person  injured,  §§   75-S4. 
I.  Rislcs  assumed  by  passenger, 

§§    84a,    85. 
nt.  Baggage    and    property    of 

passenger,  §§  86-92. 
n.  Corpse,  §   93. 
o.  Stations,  §   94. 
p.  Passengers  on  freight  train, 

§  95. 
q.  Pullman    and    sleeping    car 

cotnpanies,    §§   96-97. 
r.  Connecting    carriers;    negli- 
gence of  other  company,  § 
98. 
s.  Penalty,  §  99. 
t.  Tax   on  passenger   traffic,    § 
100. 
IT.  Carriers  of  freight,  §§  101-146a. 

a.  In  general,  §§   101-106. 

b.  Bills  of  lading;  special  con- 
tracts, §§   107-108. 


INDEX  TO  L.R.A.  NOTES. 


147 


OARRIEES,  IV.— cont'd 

c.  Duty   to   receive   and  trans- 

port, §  109. 

d.  Loss  of,  or  injury  to,  prop- 

erty,   §§    llO-lll. 

e.  Delii^ery  to  carrier,  §  112. 

f.  Delivery  by  carrier;  conver- 

sion; delay,  §§   113-121. 

g.  Itien^;    freight    charges,    §§ 

122-123. 

li.  Carrying  live  stock,  §§  124:- 
127. 

i.  Limitation  of  liability,  §§ 
128-135. 

j.  Duty  as  to  cars,  §§  136-140. 

Te.  Demurrage ;  delaiy  in  un- 
loading, §   141. 

I.  Connecting  carriers;  liability 
beyond  own  line,  §§  142- 
143. 

m.  Transporting  intoxicating 
liquor,  §  144. 

n.  Insurance,  §    145. 

o.  Taxation  of  freight,    §    146. 

p.  Penalties,   §   li6a. 
T.  Governmental   control;    )'ates;   dis- 
crimination;    duty     us     to 
stopping    places,     §§     147- 
162. 

a.  In  general,   §§   147-149. 

h.  Discrimination,  §§  150-153. 

c.  Rates;  rebates,  §§  154-160. 

d.  As  to  stations  and  trains,  §§ 

161-162. 

I,  In  general. 

§   1.  Generally. 

Matters  as  to.  affecting  interstate  com- 
merce, see  Commerce,  §§  4-12. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §§  9,  10. 

Delegation  of  power  as  to,  see  Constitu- 
tional Law,  §  17. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  56. 

Federal  courts  following  state  decisions  as 
to  carrier's  contracts,  see  Courts,  §  58. 

Custom  of,  see  Custom  and  Usage,  §  8. 

Damages  against,  see  Damages,  §§  4,  15, 
42-47,  104-106,  118. 

Presumption  and  burden  of  proof  as  to  mat- 
ters relating  to,  see  Evidence,  §  59. 

Garnishment  of.  sec  Garnishment,  §  6. 

Duty  and  liability  of,  as  to  health,  see 
Health,  §  3.  " 

Injunction  against,  see  Injunction,  §§  66- 
68. 

Interurban  railroad  aa,  see  Interubban 
Railroad,  §  3. 

Unlawful  combination  of,  see  Monopoly  and 
Combinations,  §  7. 

Penalty  against,  see  Penalty,  §  6.  * 

As  to  pipe  lines,  see  Pipe  Lines. 

Valuation  of  property,  see  iPuBLic  Service 
Corporations,  §  5. 

Liability  in  case  of  leased  railroad,  see 
Railroads,  §  7. 

Time  as  to  matters  relating  to,  see  Time, 

§§  5,  6- 
■  Consult  also  L.R.A.  Digests  of  Cases. 


CARRIERS,  I.— cont'd 

As  to  the  duty  and  liability  of  railroads  or 
street  railways  in  respect  of  matters 
not  incident  to  the  transportation  of 
passengers  or  freight,  see  Interurban 
Railroads;  Railroads;  Street  Rail- 
ways. 

Title  to  money  deposited  with  carrier. 
L.R.A.  3918A,  534. 

Validity  of  statutory  provision"  for  attor- 
ney's fee  in  actions  against.  L.R.A. 
1915E,  946. 

Sufficiency  of  levy  upon,  and  custody  of, 
property  in  car  or  other  vehicle  of  com- 
mon carrier.     L.R.A. 1915F,  1184. 

Liability  to  servants  of  other  persons.  46 
L.R.A.  56. 

Authority  of  agent  or  representative  of 
railroad  company  to  emi>loy  medical 
services  for  employee  or  other  third 
person.     20  L.R.A.  695. 

Power  of  conductor  to  hire  physician  to 
treat  person  injured  by  train.  16 
L.R.A.  (N.S.)    1081. 

Claim  against  state  for  services  by.  42 
L.R.A.  55. 

Liability  of  carrier  to  garnishment.  28 
L.R.A.  600. 

Proximate  cause  of  injury  caused  by  car  or 
engine  set  in  motion  by  third  person. 
26   L.R.A. (N.S.)    719. 

Recovery  back  of  excessive  payments  to.  18 
L.R.A.(N.S.)   124. 

Validity  of  restrictive  agreement  on  sale  of 
stage  and  coach  lines.  24  L.R.A. (N.S.) 
932;    L.R.A.191CC,   632. 

Liability  of  receiver  as  common  carrier  for 
torts  or  negligence  of  servants.  63 
L.R.A.  231. 

Liability  of  one  railroad  corporation  pos- 
sessing stock  control  of  another  for  acts 
and  contracts  of  the  latter.  35  L.R.A. 
(N.S.)   770. 

Implied  power  of  railroad  company  to  en- 
gage in  or  guarantee  enterprise  other 
than  transportation  of  goods  or  pas- 
sengers. 2  L.R.A. (N.S.)  887;  38  L.R.A. 
(N.S.)   830. 

Implied  power  of  railroad  company  to  en- 
gage in  transportation  of  goods  or 
passengers  by  means  otlier  than  its 
railway.     6  B.  R.  C.  788. 

Admissibility  in  evidence  of  account  books 
of  carriers.     53  L.R.A.  530. 

Locality  of  crime  committed  through  the 
agency  of  carriers.     19  L.R.A.  775. 

II.    Who    are    common    carriers. 

§  2.  Generally. 

Ferrymen  as,  see  Ferries,  §  5. 

Who  are  common  carriers  within  constitu- 
tional or  statutory  provision  directed 
specifically  against  suppression  of  com- 
petition between  carriers.  L.R.A. 
1915C,  865. 

Person  or  company  operating  passenger 
automobile  for  hire.     L.R.A.1918F,  468. 

Persons  operating  jitney  buses.  L.R.A. 
1916B,  1156. 

Baggage  transfer  company  as.  34  L.R.A. 
137;  21  L.R.A.(N.S.)'l88. 

Sleeping  car  company  as.    21  L.R.A.  291. 


14.S 


INDEX  TO  L.K.A.  NOTES. 


CARRIERS,  II.— cont'd 

Person  maintaining  elevator  as.  2  L.R.A. 
(N.S.)   745;  L.R.A.1915E,  723. 

Cartman,  etc..  as.    21  L.R.A.(N.S.)   188. 

Railroad  companies  as  private  carriers  in 
drawing  special  trains  or  special  cars. 
30  L.R.A.  161;   48  L.R.A.(N.S.)   990. 

Character  as  common  carriers  of  persons  or 
corporations  other  tlian  express  com- 
panies that  neither  own  nor  operate 
transportation  routes,  but  undertake  to 
transport  goods.    42  L.R.A.(N.S.)  902. 

Is  an  interiirban  railroad  company  con- 
trolled by  general  railroad  law  in  re- 
gard to  the  operation  of  railroads  as 
carriers  of  passengers?   67  L.R.A.  637. 

Effect  of  special  arrangement  with  respect  j  Passenger  on  wrong  car  or  train  by  his  own 


CARRIERS,  III.  b— cont'd 

Violation  by  servant  of  rule  adopted  by 
railway  company  as  evidence  of  negli- 
gence in  case  of  injury  to  passenger. 
L.R.A.1917C,  799,  805. 

c.  Who  are  passengers. 

§  5.  Generally. 

Within  provision  as  to  place  for  ejection, 

26  L.R.A.  132. 
Postal  clerks  as.     19  L.R.A.  339;  3  L.R.A. 

(N.S.)     218;     26    L.R.A.(N.S.)     1058; 

L.R.A.1918E,  517. 
Express  messengers  as.    22  L.R.A.  796. 
Newsboys  as.     22  L.R.A.  796. 


to  particular  class  of  business  upon 
character  of  railroad  company  as.  5 
L.R.A.(N.S.)  458. 
Maintenance  of  private  siding,  tap  line,  con- 
necting tracks,  or  other  switching  fa- 
cilities as  carrying  on  the  business  of 
a  common  carrier.    L.R.A.1918B,  683. 


///.   Carriers  of  passengers  and  other 
persons. 

a.  In  general. 

§  3.  Generally. 

(jovernmentai  control  of,  see  infra,  V. 

Duty  and  liability  to  passengers  on  eleva- 
tors, see  Elevators,  §§  2-7. 

Liability  generally  for  injuries  inflicted  by 
servant,  see  Masteb  and  Servant,  IV. 

Right  to  reject  passenger  because  of  his  bad 
character  or  misconduct  on  pre- 
vious occasion.  43  L.R.A. (N.S.)  821. 

Duty  of  carrier  to  passenger  on  train  or 
boat  chartered  to  third  person  for  ex- 
cursion or  similar  purpose.  52  L.R.A. 
(N.S.)  260. 

Effect  of  breaking  continuity  of  passage 
upon  its  interstate  character.  L.R.A. 
1917D,  1184. 

Liability  of  master  for  the  intentional  kill- 
ing or  injury  of  servant  by  passenger. 
L.R.A.  1917F,  753. 


*.  Rules  and  regulations  of  carrier. 

%  4.  Generally. 

Reasonableness  of  rale  as  to  train  or  route 
by  which  passengers  shall  be  carried. 
L.R.A. 1915B,  761. 

Reasonableness  of  rule  prohibiting  turning 
of  seats.     .50  L.R.A. (N.S.)   394. 

As  to  admission  of  passenger  to  train  house 
16  L.R.A.  449. 

As  affecting  passenger's  right  to  stop  over. 
28  L.R.A.  776. 

Passengers  riding  in  baggage  or  express 
car  in  violation  of  rules  as  contributory 
negligence.     16  L.R.A.  631. 

Constitutionality  of  statute  making  viola- 
tion of  transfer  rules  established  by 
carrier  criminal.    30  L.R.A. (N.S.)  499 


mistake.      3      L.R.A.(N.S.)      588;      28 

L.R.A.(N.S.)   611. 
Meaning  of  phrase  "a  passenger  being  trans- 
ported,"  in   statute   defining   duty   and 

liability  of  carriers  to  passengers.     4 

L.R.A.(N.S.)   254. 
Rights  of  one  going  to  station  to  deposit 

baggage.     28   L.R.A. (N.S.)    311. 
Right  on  train  of  person  procuring  ticket  by 

fraud  or  misrepresentation.     6  L.R.A. 

(N.S.)   1146. 
One  at  union  station  or  union  terminal  as 

a  passenger.    40  L.R.A. (N.S.)  778. 
Effect  of  express  refusal  to  accept  one  as  a 

passenger  upon  his  status  as  such.     15 

L.R.A.(N.S.)   960. 
Passenger   on   train    or   boat   chartered    to 

third    person    for    excursion    or    other 

similar  purpose.    15  L.R.A. (N.S.)  425; 

52  L.R.A.(N.S.)   260. 
Person    wrongfully    on    train    by    collusion 

with  train  employee.     5   L.R.A. (N.S.) 

1025;   37  L.R.A. (N.S.)    419. 
Status  as  passenger  of  one  who  attempts  to 
board  moving  car  or  train.    L.R.A. 
1916B,  832. 

§  6.  E^mployees  of  carrier. 

Railroad  employees  or  officers  as.  31  L.R.A. 

321. 
Rule  in  case  of  one  being  transported 

to  or  from  work.     31  L.R.A.  321; 

12    L.R.A.(N.S.)     853;     19    L.R.A. 

(N.S.)    717;   23  L.R.A. (N.S.)    954. 
Riding   on    pass.      31    L.R.A.    321;    50 

L.R.A.  462;   50  L.R.A.  (N.S.)    706. 

§  7.  Persons  riding  free. 

Drover  or  stockman  using  car  after  reach- 
ing destination  as,  30  L.R.A.(N.S.> 
571. 

Employee  riding  on  pass  as  passenger.  31 
L.R.A.  321;  50  L.R.A.  462;  50  L.R.A. 
(N.S.)  706. 

§  8.  When  relation  commences. 

'When  a  person  who  has  started  for  a  train 
becomes  a  passenger.    24  L.R.A.  521. 

Status  as  passenger  as  affected  by  the  time 
elapsing  before  train  leaves.  43  L.R.A. 
(N.S.)    999. 

Effect  of  signaling  car  to  make  one  a  pas- 
senger.  13  L.R.A.(N.S.)  283;  25  L.R.A. 


v«w.e.  v,,.uji.m,.     au  i..K.A.(JN.S.     499.  '  (N.S.)    408-    LRAlfllftT     1099 

Begin  uHth  this  book  on  every  law  question.  UK.A.1918C,    1022 


INDEX  TO  L.R.A.  NOTES. 


149 


CARRIERS,  III.  c— cont'd 

§  9.  Termination  of  i-elation. 

Passengers  temporarily  leaving  vehicle.     15 

L.R.A.   399;    51   L.R.A.(N.S.)    899. 

Duty   and   liability   of   carrier   to   one   who 

leaves  one  car  for  purpose  of  boarding 

another.     48  L.R.A.(N.S.)    683. 

Termination  of  passenger's  relation  as  such 

upon  reaching  destination.    2  L.R.A. 

(N.S.)   873;  20  L.R.A.  (N.S.)   1019. 

■«[.  Misconduct    toward,    and    abuse    of 
passenger  generally. 

§   10.  Generally. 

Liability  of  carrier  for  fright  of  passenger, 
see  Fright,  §  2. 

Duty  of  carrier  to  passenger  on  train  or 
boat  chartered  to  third  person  for  ex- 
cursion or  other  similar  purpose.  15 
L.R.A.(N.S.)  426. 

Liability  of  carrier  for  injury  to  pregnant 
woman  by  seeing  lunatic  on  train.  39 
L.R.A.(N.S.)    647. 

§  10a.  By  employees. 

Carrier's  liability  for  insults,  threats,  and 
obscene  language  of  employees  towards 
passengers.     14  L.R.A.  739. 

Insulting  passenger  by  suggesting  he  be- 
longs in  the  colored  compartment.  32 
L.R.A. (N.S.)   206. 

Amount  of  damages  that  may  be  awarded 
for  insulting  language.  44  L.R.A. 
(N.S.)   1139. 

Liability  of  carrier  for  mental  suffering  of 
passenger  from  mere  verbal  abuse  un- 
accompanied by  other  breach  of  duty. 
13  L.R.A. (N.S.)  159;  L.R.A.1918A,  600. 

Liability  of  carrier  for  wilful  torts  of  serv- 
ants to  passengers.  40  L.R.A.  (N.S.) 
999. 

Liability  for  acts  of  special  police  officer  ap- 
pointed by  public  authority.  23  L.R.A. 
(N.S.)  289;  30  L.R.A. (N.S.)  481;  39 
L.R.A.(N.S.)  122;  43  L.R.A.  (N.S.) 
1164;   L.R.A.1915C,   1183. 

Liability  for  wrongfully  threatening  pas- 
senger with  expulsion.  L.R.A.1918D, 
876. 

c.  Assault;  robbery. 

§  11.  Generally. 

Duty  of  carrier  to  passenger  on  train  or 
boat  chartered  to  third  person  for  ex- 
cursion or  other  similar  purpose.  15 
L.R.A.(N.S.)  425. 

Failure  to  properly  light  car  or  waiting 
room  or  permitting  car  to  be  over- 
crowded as  affecting  carrier's  liability 
for  assault  upon  or  robbery  of  passen- 
ger.   L.R.A.1918A,  1072. 

§  12.  By  stranger. 

Liability  for  stranger's  assault  on  passen- 
ger.    2  L.R.A. (N.S.)   105. 

Liability  for  injury  to  passenger  by  wrong- 
ful act  of  stranger  directed  against  cars 
or  passengers  therein.  3  L.R.A. (N.S.) 
318. 

Liability  for  assault  upon  passenger  by 
strikers,  mob,  or  third  persons,  55 
L.R.A.   713;    L.R.A.1915C,   681. 

Consult  also  L.R.A.  Digests  of  Cases. 


CARRIERS,  III.  e— cont'd 

Failure  to  properly  light  car  or  waiting 
room  or  permitting  car  to  be  over- 
crowded as  affecting  carrier's  liability. 
L.R.A.1918A,  1072. 

Duty  of  sleeping  or  parlor  car  company  to 
protect  passengers  from  assault.  L.R.A. 
•1917F,  888. 

§  13.  By  fellow  passeilger. 

Assault  by  fellow  passenger.  16  L.R.A. 
627;  32  L.R.A.  (N.S.)  1206;  L.R.A. 
1918F,  555. 

Liability  for  injury  to  passenger  by  another 
passenger  permitted  to  remain  in  oar 
in  violation  of  separate  coach  law.  33 
L.R.A.(N.S.)   133. 

Liability  of  carrier  for  assault  by  obviously 
drunken  passenger.     4  B.  R.  C.  330. 

Duty  of  sleeping  or  parlor  car  company  to 
protect  passengers  from  assault.  L.R.A. 
1917F,  888. 

Failure  to  properly  light  car  or  waiting 
room  or  permitting  car  to  be  over- 
crowded as  affecting  carrier's  liability. 
L.R.A.1918A,  1072. 

Liability  of  connecting  carrier  for  assault 
on  passenger  at  junction  point.  L.R.A. 
1918F,  434. 

§   14.  By    employees. 

Assault  by  servant  on  passenger  while  on 
train.  14  L.R.A.  738;  32  L.R.A. (N.S.) 
1201;  L.R.A.1915E,  668. 

Duty  of  sleeping  or  parlor  car  company  to 
protect  passengers  from  assault.  L.R.A. 
1917F,  888. 

Injury  to  passenger  by  sportive  act  of  serv- 
ant.    3  L.R.A.(N.S.)    605. 

Liability  for  malicious  act  of  servant.  '4 
L.R.A.(N.S.)  485. 

Liability  of  railway  or  street  railway  for 
assault  by  employee  on  passenger  out- 
side of  car  or  train.  17  L.R.A.  (N.S.) 
764. 

Master's  liability  for  injury  to  passengers 
by  servant  in  use  of  dangerous  agency 
placed  in  his  control.  10  L.R.A. (N.S.) 
384. 

Carrier's  liability,  how  far  affected  by  mis- 
conduct of  passenger.  Antecedent 
violence  of  passenger.  40  L.R.A. 
(N.S.)  1070. 

Abusive  language  as  justification  for  as- 
sault on  passenger  by  a  train  employee. 
33  L.R.A.  (N.S.)  280. 

Carrier's  liability  for  assault  in  self-de- 
fense by  servant  on  passenger  while  on 
train.    32  L.R.A.(N.S.)   1203. 

Liability  for  acts  of  special  police  officer 
appointed  by  public  authority.  23 
L.R.A.(N.S.)  289;  30  L.R.A.  (N.S.) 
481;  39  L.R.A.(N.S.)  122;  43  L.R.A. 
(N.S.)    1164;    L.R.A.1915C,    1183. 

Mental  anguish  as  element  of  damages  for 
indecent  assault  on  female  passenger. 
•  33  L.R.A.(N.S.)    98. 

/.  Arrest;  false  imprisonment. 

§  15.  Generally. 

Liability  of  carrier  for  wrongful  arrest  of 
passenger.  14  L.R.A.  791;  7  L.R.A. 
(N.S.)  162;  32  L.R.A.  (N.S.)  526;  62 
L.R.A. (N.S.)   791;  L.R.A.1917A,  227. 


INDEX  TO  L.R.A.  NOTES. 


150 

CARRIERS.  III.  f— cont'd 

Limit  of  carrier's  absolute  obligation  to  pro- 

tpt-t   passengers   from   wrongful   arrest. 

40  LJR.A.(N.S.)  1073. 

§  15a.  By  employees  of  carrier. 

Liability  of  cnrri<T  for  ^^r""?'"*  Y*",^^  g°; 
pas'sencer  by  servant.  7  L.R.A.(N.M 
102;  34  L.R:A.(N.S.)  299;  L.R.A. 
1915E,  320;  L.R.A.1917D,  227. 

Carrier's  liability  for  arrest  or  false  im- 
prisonment by  servant  employed  as  de- 
tective, policeman,  or  watchman.  4 
L.R.A.(NP.)  282;  28L.R.A.(N.S.)  88; 
L.R.A.1916F,  1249. 

Carrier'd  liability  for  arrest  by  special  po- 
lice officers  appointed  by  public  au- 
thority. 23  L.R.A.  (N.S.)  289;  30 
L.R.A.(N.S.)  481;  43  L.R.A.(N.S.) 
1164;  L.R.A.1915C,  1183. 

g.    Ticicets;    conditions;    fa/re. 

§  16.  Generally. 

A»  to  privilege  of  stop-over,  see  infra,  §  47. 

Ejection  for  nonpayment  of,  see  infra,  §  32. 

SulBciency  of  tender  of  fare  to  prevent  ejec- 
tion, see  infra,  §  33. 

Governmental  regulation  of  rates,  see  in- 
fra, §§  154-ir)0. 

Injunction  as  to  tickets,  see  Injunction, 
§  68. 

How  far  ticket  may  be  used  for  passage 
after  expiration  of  time  limited.  IG 
L.R.A.  471. 

Carrier's  liability  for  assault  by  employee 
on  passenger  while  purchasing  ticket. 
17  L.R.A.(N.S.)    765.  . 

Duty  of  passenger  when  by  the  carrier's 
fault  he  has  not  the  proper  ticket  or 
token.     5  L.R.A.  (N.S.)    779. 

Constitutionality  of  statute  requiring  car- 
rier to  sell  tickets  good  on  connecting 
line.    42  L.R.A. (N.S.)  541. 

Validity  of  regulations  by  public  concern- 
ing the  manner  of  using  tickets  or  mile- 
age books.     L.R.A.1915E,  902. 

Refusal  to  surrender  ticket  or  pay  fare  be- 
cause of  breach  of  contract  as  afTect- 
ing  right  to  recover  for  damage  to  or 
loss  of  baggage.     L.R.A.1916E,  491. 

Duty  of  passenger  to  e.xamine  ticket  to 
avoid  mistakes  of  carrier's  agent.  43 
L.R.A. (N.S.)  584. 

Liability  of  carrier  for  charging  excessive 
fare  through  mistake.  44  L.R.A. (N.S.) 
282. 

Necessity  of  setting  out  copy  of  forged  tick- 
ets in  indictment  for  forging  or  utter- 
ing same.     31  L.R.A.(N.S.)   227. 

§  17.  Passengers  without  tickets  gener- 
ally. 

Rights  of  passenger  who  is  unable  to  get 
ticket  before  train  starts.  24  L.R.A. 
(N.S.)   758. 

Right  of  carrier  to  refuse  to  accept  non- 
ticket  holders  as  passengers.  29  L.R.A. 
(N.S.)   209;  L.R.A.1916E,  1094. 

§  18.  Ck>ndition8    in    tickets    generally. 
Notice  to  passenger  of  conditions  on  ticket. 
23  L.R.A.  746. 


CARRIERS,  III.  g— cont'd 

Limitation  of  time  within  which  transporta. 

tion  tickets  may  be  used.    L.R.A.1918A, 

779. 

§19.  Condition  or  character  of  money 
tendered. 

Character  or  condition  of  coin  or  currency 
that  may  be  tendered  in  payment  of 
fare.    35  L.R.A. (N.S.)   1030.    . 

§20.  Tender  of  amount  In  excess  of 
fare. 

Tender  of  a  sum  in  excess  of  that  due,  with 
demand  for  change.  13  L.R.A. (N.S.) 
624. 

What  is  a  reasonable  sum  out  of  which  a 
carrier  may  be  required  to  take  fare 
and  return  change.  35  L.R.A.  489; 
9  L.R.A.(N.S.)  580;  21  L.R.A. (N.S.) 
868. 

§21.  As.signabillty. 

Confining  sale  of  tickets  to  carrier's  agents, 
see  infra,  §  148. 

Assignability  of  railroad  ticket.  18  L.R.A. 
55. 

§  22.  Round  trip,  coupon  and  through 
tickets. 

Waiver  of  requirement  of  signature  of  tick- 
et or  coupon.     30  L.R.A. (N.S.)   432. 

Passenger's  right  to  stop  over  in  case  of 
coupon  tickets.    28  L.R.A.  774. 

Duty  of  connecting  carrier  to  passenger 
holding  coupon  ticket  as  affected  by  de- 
lay on  part  of  other  carriers.  25  L.R.A. 
(N.S.)  459. 

Responsibility  assumed  by  one  corporation 
in  issuing  tickets  good  upon  line  of  an- 
other.   42  L.R.A.  (N.S.)   76. 

§23.  Passes. 

Liability  for  injury  to  free  passenger,  see- 
infra,  §  57. 

Employee  riding  on,  as  passenger.  31  L.R.A. 
321;  50  L.R.A.  462. 

Rights  of  person  riding  on  pass  or  contract 
for  free  passage.    22  L.R.A.  794. 

Drover  or  stockman  using  car  after  reach- 
ing destination  as  passenger.  30  L.R.A. 
(N.S.)   571. 

Right  of  conductor  to  waive  conditioiis  in 
stock  drover's  pass.  27  L.R.A. (N.S.) 
646. 

Is  pass  issued  as  part  of  consideration  for 
contract  within  statute  prohibiting  free 
transportation  of  passengers  or  dis- 
crimination in  passenger  rates?  23 
L.R.A.(N.S.)  217;  31  L.R.A.  (N.S.) 
657;  L.R.A.1918B,  1116. 

Rights  and  remedies  where  agreement  by 
carrier  to  issue  passes  is  impossible  of 
performance  because  of  subsequent  leg- 
islation.   49  L.R.A. (N.S.)  848. 

§  24.  Extra  fare. 

Validity  of  extra  charge  for  passenger  fare- 
when  paid  upon  train.     20  L.R.A.  483. 

Right  to  require  passenger  to  pay  second 
fare  on  passing  from  one  car  to  another 
on  same  line.     13  L.R.A. (N.S.)  445. 


Begin  with  this  took  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


151 


CARRIERS,  HI.  g— cont'd 
§  2  5.  Duty  to  pay  fare  wrongfully  de- 
manded. 

Duty  of  passenger  to  pay  fare  wrongfully 
demanded  in  order  to  avoid  expulsion 
and  lessen  damages.  43  L.R.A.  706;  34 
L.K.A.(N.S.)  282;  L.R.A.1918D,  1032. 

Validity  of  regulation  requiring  passenger 
to  pay  fare  in  case  of  dispute.  2  L.R.A. 
(N.S.)    695. 

§  26.  On  street  cars. 

Condition  or  character  of  money  tendered, 
see  supra,     §  19. 

Tender  of  amount  in  excess  of  fare,  see  su- 
pra, §  20. 

Right  of  municipal  corporation  to  contract 
for  free  transportation  or  special  rates 
on  street  cars.     16  L.R.A. (N.S.)   651. 

Right  of  street  car  company  to  require  a 
passenger  to  pay  a  second  fare  where 
he  passes  from  one  car  to  another  on 
the  same  line."    13  L.R.A.  (N.S.)   445. 

Requiring  passenger  to  put  coin  in  box  or 
automatic  registering  device.  32  L.R.A. 
(N.S.)    695. 

§  2  7.  —transfers. 

Transfer  between  lines  of  different  street 
railway  companies.  32  L.R.A.{N.S.) 
720. 

Rights  and  duties  of  passenger  receiving  de- 
fective street-car  transfer.  7  L.R.A. 
97;   9  L.R.A.(N.S.)    851. 

Right  of  street  railroad  company  to  limit 
time  or  point  of  transfer.  8  L.R.A. 
(N.S.)    287;    52  L.R.A.  (N.S.)    908. 

Constitutionality  of  statute  making  viola- 
tion of  transfer  rules  established  by 
carrier  criminal.     30  L.R.A. (N.S.)   499. 

§  27a.  Extent  of  ticket  agent's  Implied 
authority  as  to  transportation  of 
passengers. 

Extent  of  ticket  or  passenger  agent's  im- 
plied authority  in  respect  of  trans- 
portation of  passengers.  31  L.R.A. 
(N.S.)    229. 

§  28.  Limitation  of  liability. 

As  to  baggage,  see  infra,  §  91. 

As  to  freight,  see  infra,  §§  128-135. 

Right  of  passenger  carrier  to  stipulate 
against  liability  in  consideration  of  re- 
duced fare.     4  L.R.A. (N.S.)    1081. 

Risks  of  negligence  assumed  by  contract 
with  carrier  as  including  gross  negli- 
gence.    1  L.R.A. (N.S.)   675. 

Refusal  to  give  cfl'ect  to  foreign  contract  ex- 
empting carrier  from  liability.  5  L.R.A. 
(N.S.)    425. 

Effect  of  limitation  in  tiipe  tables  on  lia- 
biMty  for  default  or  delay  in  running 
train.     32  L.R.A.  544. 

Contract  exempting  railroad  company  from 
liability  for  negligent  injury  to  sleep- 
ing car  employees  or  others  sustaining 
a  similar  relation  to  the  company.  11 
L.R.A.(N.S.)  4.32;  .50  L.R.A.  (N.S.) 
432;  L.R.A.1917D,  648.  j 

Contracts  of  carrier  with  newsboy's  employ-  | 
er  limiting  liability  for  injury.  50  ( 
L.R.A  (N.S.)    6Sn. 

Consult  also  L.B.A.  Digests  of  Cases. 


CARRIERS,  III.  g— cont'd 

Right  of  carrier  to  limit  its  liability  to 
drovers  or  caretakers  accompany- 
ing shipment.     L.R.A.1916A,  623. 

§   29.  —In  pass. 

Validity  of  stipulation  in  pass  limiting  car- 
rier's   liability.      37    L.R.A.(N.S.) 
235. 
Right   of   carrier   to   limit   its   liability    to 
drover  or  caretaker  accompanying  ship- 
ment.    L.R.A.1916A,  623. 
Right  of  conductor  to  waive  conditions   in 
stock   drover's   pass.     27   L.R.A. (N.S.) 
646. 

h.  Ejection. 

§  3  0.  Generally. 

Extent  of  recovery  for,  see  Damages,  §§  45, 
105. 

From  sleeping  car.     21  L.R.A.  295. 

Liability  for  wrongfully  threatening  pas- 
senger with  expulsion.  L.R.A.1918D, 
876. 

Carrier's  liability  for  wrongful  ejection 
from  train  by  employee.  27  L.R.A.  170, 
188. 

Where  employee  acts  in  violation  of  instruc- 
tions.   18  L.R.A. (N.S.)  416. 

Carrier's  liability  for  malicious  ejection  of 
passenger.    4  L.R.A. (N.S.)   485. 

Implied  power  of  brakeman  to  remove  tres- 
passer.    45   L.R.A. (N.S.)    813. 

Express  authority  to  certain  train  em- 
ployees to  eject  trespassers  as  negativ- 
ing implied  authority  of  other  em- 
ployees.    32  L.R.A. (N.S.)    1164. 

Liability  of  carrier  for  turning  one  other 
than  passenger  out  of  depot.  42  L.R.A. 
(N.S.)  373. 

Liability  of  railroad  company  for  negligence 
in  ejecting  trespasser  from  moving 
train.     13  L.R.A. (N.S.)   364. 

Liability  for  injuries  sustained  by  a  pas- 
senger while  being  removed  from  one 
car  to  another  of  moving  train.  L.R.A. 
1916E.  767. 

Liability  for  injury  to  passenger  resulting 
from  attempted  ejection  by  carrier  of 
fellow  passenger.    44  L.R.A.  (N.S.)  1125. 

Duty  of  passenger  to  examine  ticket  to 
avoid  mistakes  of  carrier's  agent.  43 
L.R.A.(N.S.)    584. 

§  30a.  Of  sick  or  intoxicated  passen- 
ger. 

Right  to  eject.    L.R.A.1915C,  135. 
Duty  to  eject;  liability  to  other  passenger* 
for  failure  to  eject.     L.R.A.1915C,  137. 
Time,     place,     and     manner     of     ejection. 

L.R.A. 1915C,  139. 
Ejection  as  proximate  cause  of  subsequent 

injury     or     death.       L.R.A. 1915C^ 

142. 
Recovery    in    action    by    ejected   passenger. 

L.R.A.1915C,  146. 
Questions  for  jury.     L.R.A.1915C,   147. 

§31.  Grounds  for. 

Because  of  sickness  or  intoxication,  see 
supra,  §  30a.  ' 


152 


INDEX  TO  L.R.A.  NOTES. 


CARRIERS,  III.  h— cont'd 

Liability    for    ejecting    passenger    through 

mistake  as  to  identity.    2  L.R.A. (N.S.) 

472. 
Right  to  defend  expulsion  of  passenger  upon 

ground  other  than  that  relied  upon  at 

the  time.     14  L.R.A. (N.S.)   368. 
Ejection  of  passenger  for  refusal  to  comply 

with  rule  or  direction  of  carrier  as  to 

place  on  car   or   train.     L.R.A.1916D, 

542. 
Right  to  eject  passenger  who  boards  a  train 

that  does  not  stop  at  his  destination. 

L.R.A.1915D,  713. 

S  82.  —nonpayment  of  fare  or  defec- 
tive ticket. 

Payment  of  back  fare  for  distance  already 
ridden  as  condition  of  being  carried 
further.    16  L.R.A.  55. 

Right  of  passenger  to  pay  fare  after  train 
begins  to  stop  for  purpose  of  ejecting 
him.     16  L.R.A.  53. 

Ejection  of  custodian  for  nonpayment  of 
child's  fare.  38  L.R.A.  140. 

Duty  of  passenger  to  pay  fare  wrongfully 
demanded  in  order  to  avoid  expulsion. 
43  L.R.A.  706;  34  L.R.A.(N.S.)  282: 
L.R.A.1918D,  1032. 

Effort  that  must  be  made  to  collect  fares 
before  ejecting  passengers  for  nonpay-, 
ment  of  same.    L.R.A.1915C,  148. 

Ejection  of  passenger  who  has  lost  or  mis- 
laid his  ticket.  L.R.A.1916D,  1184; 
L.R.A.1918E,  983. 

§  SS.  Sufficiency  of  tender  of  fare  to 
prevent. 

Excessive  demand.    31  L.R.A.(N.S.)  992. 
Tender    after    steps    toward    ejection.      31 

L.R.A.(N.S.)    992;    L.R.A.1915E,   311. 
Tender  accompanied  by  disorderly  conduct. 

31  L.R.A.(N.S.)  994. 
Tender   of    fare    from    point    of    ejection. 

31  L.R.A.(N.S.)  995;  L.R.A.1916E,  312. 
Tender   of   fare  by   custodian.     31    L.R.A. 

(N.S.)    995;   L.R.A.1915E,  313. 
Tender  by  third  person.     31  L.R.A.(N.S.) 

996. 
Tender  of  something  other  than  money.    31 

L.R.A.(N.S.)   996. 
Tender  of  a  worn  or  peculiar  coin.  31  LJLA. 

(N.S.)    997;   L.R.A.1915E,  313. 
Miscellaneous  cases.     31  L.R.A.(N.S.)  997; 

L.R.A.1915E,  313. 

§  84.  At  what  place. 

Exposure  of  drunken  passenger  to  danger 
by  ejection  from  car.    19  L.R.A.  327. 

Place  where  sick  or  intoxicated  passenger 
may  be  expelled.    L.R.A.1915C,  139. 

Place  where  one  refusing  to  pay  fare  may 
be  ejected.    26  L.KA.  129. 

§  86.  Measure  of  damages  for. 

See  Damages,  §§  45,  105. 

'•  Perfomuttice  of  contrtict  of  transpttr- 
tation. 

§36.  Generally. 

Duty  and  liability  as  to  sleeping  accommo- 
dations, see  infra,  §§  96,  97. 


Begin  toith  this  book  on  every  law  question 


CARRIERS,  III.  i— cont'd 

Duty  of  carrier  as  to  route.  37  L.R.A. 
(N.S.)  222. 

Duty  to  furnish  sleeping  car  service.  L.R.A. 
1918A,  51. 

Duty  to  passenger  where  journey  is  in- 
terrupted by  wreck  or  other  cause. 
L.R.A.1915E,  145. 

Duty  to  stop  train  or  car  for  article  dropped 
by  passenger.     39  L.R.A. (N.S.)  313. 

Duty  of  vessel  to  return  to  wharf  to  permit 
visitor  to  depart.    10  L.R.A. (N.S.)  969, 

Rights  of  passenger  who  boards  car  or  train 
destined  for  a  point  short  of  his  des- 
tination.   19  L.R.A. (N.S.)  704. 

§87.  Misdirection  by  agent. 

Misdirection  of  passenger  by  carrier's  em- 
ployee. 2  L.R.A. (N.S.)  110;  24  L.R.A. 
(N.S.)   1178. 

Right  to  eject  passenger  who  boards  a  train 
that  does  not  stop  at  his  destination 
where  he  is  misdirected  by  employee  of 
carrier.     L.R.A.1915D,  715. 

§  38.  Duty  to  receive  and  transport. 

Disabled,  diseased,  or  drunken  passenger, 
see  infra,  §  40. 

Liability  for  punitive  damages  for  refusal 
or  failure  to  transport  passenger. 
L.R.A.1915C,  471. 

Duty  to  give  regular  train  service  on  Sun- 
day. 14  L.R.A.  194;  30  L.R.A. (N.S.) 
401. 

Duty  to  hold  train  for  passenger  seen  ap- 
proaching station.  31  L.R.A.  (N.S.) 
442. 

Damages  incident  to  attempt  to  reach  desti- 
nation by  other  means  as  element  of 
recovery  for  failure  to  stop  train  for 
intending,  passenger.  8  L.R.A. (N.S:) 
880. 

Liability  to  passenger  for  default  or  delay 
in  rimning  trains.  32  L.R.A.  543;  49 
L.R.A.(N.S.)   429. 

Liability  for  failure  to  provide  train  for 
crowd.     24  L.R.A.  711. 

Right  of  passenger  on  street  car  which  turns 
back  before  reaching  destination.  23 
L.R.A.(N.S.)  571. 

Duty  of  street  railway  to  run  car  through 
to  end  of  route  indicated  by  sign  there- 
on.    1  B.  R.  C.  442. 

Duty  of  sleeping  car  company  as  to  contin- 
uous passage.    21  L.R.A.  295. 

§39.  Duty  toward  sick,  disabled,  or 
intoxicated  passenger. 

Ejection  of  sick  or  intoxicated  passenger, 
see  supra,  §  30a. 

Duty  of  carrier  as  to  passengers  taken  ill 
during  journey.  31  L.R.A.  261;  31 
L.R.A.(N.S.)    813. 

Duty  of  carrier  to  blind  passenger.  38 
L.R.A.(N.S.)  564. 

Duty  to  assist  infirm  or  sick  passenger.  S 
L.R.A.(N.S.)  299;  48  L.R.A. (N.S.)  821. 

Duty  of  carrier  to  look  after  drunken  pas- 
senger after  he  has  left  the  train. 
8  L.R.A.(N.S.)    298. 


INDEX  TO  L.R.A.  NOTES. 


15a 


CARRIERS,  III.  i— cont'd 

Liability  of  carrier  for  forcing  sick  or  in- 
toxicated passenger  out  of  car  and  onto 
platform.      16   L.R.A.(N.S.)    197. 

Liability  of  carrier  for  contraction  of  con- 
tagious disease  by  passenger.  36 
L.R.A.(N.S.)   337. 

Effect  of  sickness  of  passenger  on  carrier's 
liability  for  baggage  after  reaching 
destination.    36  L.R.A.  788. 

§   40.  —duty    to    transport. 

Duty  of  carrier  to  accept  as  a  passenger 
one  physically  or  mentally  disabled. 
26  L.R.A.(N.S.)  171;  L.R.A.1915E,  788. 

Right  of  carrier  to  reject  persons  having 
contagious  disease.    4  L.R.A.  (N.S.)  103, 

§  41.  Right  of  passenger  to  seat. 

Generally.      22    L.R.A.    259;    L.R.A.1915B, 

916. 

§  42.  Duty  as  to  heating. 

Regulation  of  temperature  of  cars.     L.R.A. 

1915F,  792. 
Duty  of  railroad   companies  to  heat  cars. 

42  L.R.A.   110. 
Duty  of  carrier  to  protect  passenger  from 

cold.     11  L.R.A.(N.S.)    1142. 

§  43.  Separation  of  passengers. 

Rights  of  colored  passengers.  18  L.R.A. 
639. 

Right  of  carrier,  independently  of  statute,  to 
separate  passengers  on  account  of  race. 
11  L.R.A.(N.S.)   268. 

Duty  to  provide  separate  compartments  for 
colored  passengers  in  sleeping  and 
palace  cars.  32  L.R.A.  (N.S.)  801; 
L.R.A.1918D,  709. 

Cumulative  penalties  for  failure  of  carrier 
to  provide  separate  accommodations  for 
white  and  colored  persons.  L.R.A. 
1917B,  548. 

Liability  for  placing  white  passenger  in  car 
for  colored  persons.  2  L.R.A.  (N.S.) 
1108;  41  L.R.A.(N.S.)  958;  L.R.A. 
1916E,  280. 

Liability  for  injury  to  passenger  by  another 
passenger  permitted  to  remain  in  vio- 
lation of  separate  coach  law.  33  L.R.A. 
(N.S.)   133. 

Insulting  passenger  by  suggesting  that  he 
belongs  in  the  colored  compartment.  32 
L.R.A.(N.S.)   206. 

§  44.  Quarantine. 

Duty  of  carrier  to  give  information  as  to 
quarantine.      6   L.R.A.(N.S.)    1009. 

Liability  of  carrier  for  injury  or  loss  caused 
by  the  enforcement  of  quarantine  reg- 
ulations.    13  L.R.A.(N.S.)    360. 

§  45.  Announcement  of  stations. 

Duty  to  make.    15  L.R.A.  347;  L.R.A.lfll5C, 

664. 
Effect  of.     15  L.R.A.  348. 
As  to  change  of  cars.     15  L.R.A.  349. 
Duty  to  notify  passenger  in  sleeping  car  of 

arrival  at  destination.    14  L.R.A. (N.S.) 

907. 
Consult  also  L.R.A.  Digests  of  Cases. 


CARRIERS,  III.  i— cont'd 

§  46.  Carrying  beyond  station. 

Extent  of  recovery  for,  see  Damages,  §  44. 

Contract  duty  to  stop  at  particular  station. 

2  L.R.A. (N.S.)  505. 
Duty  of  passenger  to  give  notice  of  desire 
to   alight   at   flag   station.      16    L.R.A. 
(N.S.)   1132;  52  L.R.A. (N.S.)   668. 
Duty  as  to  notification  of  passenger  of  ar- 
rival at  station.    L.R.A.1915C,  664. 
Duty   upon   running   train   past   station   to 
notify  passengers  of  intention  to  re- 
turn.    37  L.R.A.  (N.S.)    264. 
Liability    for    failure    to    notify    passenger 
when   and   where  to  change   cars.     39 
L.R.A.(N.S.)   663. 
Duty  and  liability  to  passenger  who  boards 
a  train  that  does  not  stop  at  his 
destination.    L.R.A.1915D,  705. 

§  47.  Right  of  passenger  to  stop  over. 

Generally.     28  L.R.A.  773. 

Rule  in  case  of  coupon  tickets.     28  L.R.A. 

774. 
Effect  of  particular  stipulations.    28  L.R.A. 

775. 
Agreements  or  representations  as  to  right  to 

stop  over.     28  L.R.A.  775. 
Statutory   permission.      28    L.R.A.   775. 
Limited  tickets.     28   L.R.A.  775. 
Special  rates  or  contracts.     28  L.R.A,  776. 
Rules   and   custom   of   carrier.     28    L.R.A. 

776. 
Effect  of  delay  of  train.    28  L.R.A.  776. 
Through  train  must  be  taken.     28  L.R.A. 

776. 
No    stop-over    without    ticket.      28    L.R.A. 

776. 
Time  within  which  stop-over  must  be  used. 

28  L.R.A.  776. 
Right  to  take  up  ticket.    28  L.R.A.  776. 
Right  of  passengers  to  act  upon  conductor's 

assurance  that  a  stop-over  is  allowed. 

34  L.R.A.(N.S.)   711. 
Extent  of  ticket  agent's  implied  authority 

as  to.    31  L.R.A.(N.S.)  231. 

§  48.  Keeping  station  open;  turnlnje 
passenger  out  of. 

As  to  stations  generally,  see  infra,  §  94* 
Announcement  of,  see  supra,  §  45. 
Carrying  beyond,  see  supra,  §  46. 
Safety  of,  see  infra,  §§  70-72. 
Discrimination  at,  and  governmental  regu- 
lations as  to,  see  infra,  §§  161,  162, 

Reasonable  time  to  keep  station  open  before 
and  after  trains.     1  L.R.A.(N.S.)   851. 

Liability  for  turning  waiting  passenger  out 
of  depot.    29  L.R.A.(N.S.)  799. 

j.  Personal  injuries, 

1.  In  general, 

§  49.  Generally. 

Limitation  of  liability,  see  supra,  §§  28,  29-. 
Contributory    negligence   of    passenger,    see 

infra,  §§  75-84. 
Liability   of   connecting  carrier,   see   infra, 

§  98. 
Passenger  on  elevated  railroad,  see  Elevat- 
ed Railboass,  §  3. 


154 


INDEX  TO  L.R.A.  NOTES. 


CARRIERS,  III.  j ;  1— cont'd 

Liability  to  passenger  on  elevator,  see  Ele- 

VAT0B8,   §  3. 
On  ferry  boat,  see  Febries,  §  6. 
Presumption  and  burden  of  proof  as  to,  see 

EVIOENCE,  §  70. 
Proximate  cause  of  injury,  see  Pboximate 

Cause,  §§  8,  9. 

Use  of  emphatic  words  like  "great  care," 
"utmost  care"  or  "highest  care"  in  in- 
structing jury  as  to  duty  of  carrier  to 
passengers.     3  L.R.A.  (N.S.)    94. 

Sufficiency  of  general  allegations  of  negli- 
gence.   59  L.R.A.  239, 

Violation  by  servant  of  rule  adopted  by 
railway  company,  as  evidence  of  negli- 
gence in  case  of  injury  to  passenger. 
L.R.A.1917C,  799,  805. 

Liability  of  carrier  for  injury  to  passenger 
by  swaying  of  car.    L.R.A.1918A,  1171. 

Liability  for  personal  injuries  to  passenger 
who  attempts  to  reach  his  destination 
by  other  means  because  of  delay  or 
stalling  of  car  or  train.  L.R.A.1917F, 
357. 

Liability  of,  for  personal  injury  to  passenger 
struck  by  sparks  or  cinders  escaping 
from  locomotive.    18  L.R.A.(N.S.)  241. 

What  injuries  may  be  deemed  the  proximate 
result  of  discharging  passengers  at  im- 
proper place  or  one  not  his  destination. 
7  L.RA.(N.S.)   1177. 

Injury  by  rocks  rolling  down  hillside  or  de- 
cline.    L.R.A.1915B,  428. 

Sudden  stopping  of  train  in  an  emergency 
as  negligence  toward  passenger.  L.R.A. 
191 5D,  368. 

Liability  for  injuries  sustained  by  a  passen- 
ger while  being  removed  from  one  car 
to  another  of  moving  train.  L.R.A. 
1916E,  767. 

Liability  of  street  railway  company  for  in- 
jury to  a  passenger  because  of  defect  in 
track  or  street  due  primarily  to  negli- 
gence of  highway  officers.  43  L.R.A. 
(N.S.)    72. 

Liability  for  injury  to  passenger  resulting 
from  attempted  ejection  by  Carrier  of 
fellow  passenger.    44  L.R.A.  (N.S.)  1125. 

§  50.  Injury  by  collision  or  derailment. 

Presumption   of   negligence   from   injury   to 
pa=«senger  by  collision.     13  L.R.A. 
(N.S.)    608;  29  L.R.A. (N.S.)    812; 
L.R.A.1916C,  372. 
Collision   with   vehicle  not  under  car- 
rier's  control.     68   L.R.A.   799;    2 
L.R.A.(N.S.)  725;  13  L.R.A. (N.S.) 
610;   29  L.R.A.(N.S.)    813;  L.R.A. 
1916C,  372. 
Collision  with  object  on  side  of  carriage. 
15  L.R.A.  37. 
Duty  of  motorman,  for  protection  of  passen- 
ger, to  warn  one  driving  along  highway 
of  the  approach  of  a  car.     12  L.R.A, 
(N.S.)   197. 
Liability  of  street  railway  company  for  in- 
juries to  passenger  caused  by  collision 
with  fire  apparatus.     19  L.R.A. (N.S.) 
630. 


D     ^       ^.^  .,..    ^  V /   ^17;  L.R.A.1916C,  377 

Jtegin  ttHth  this  book  on  every  law  question. 


CARRIERS,  III.  j;  1— cont'd 

Liability  of  carrier  to  passenger  who  fails 
caused  bv  obstruction  placed  on  track 
by  stranger.    12  L.R.A. (N.S.)  840. 

§51.  Wlmt  carriers  liable. 

Duty  and  liability  of  proprietor  of  public 
hack  or  cab  to  passengers.  5  L.R.A. 
(N.S.)   1069, 

Liability  of  proprietor  of  private  railroad 
for  injuries  sustained  by  one  other  than 
an  employee  while  being  carried  there- 
on. 12  L.R.A.(N.S.)  131;  22  L.R.A. 
(N.S.)   190. 

Liability  of  operator  of  scenic  railroad  or 
similar  device  to  passengers.  26  L.R.A. 
(N.S.)    1054. 

Liability  for  injury  to  passenger  by  negli- 
gent operation  of  automobile.  21 
L.R.A.(N.S.)   81;  35  L.R.A. (N.S.)   658. 

Liability  of  sleeping  car  company  for  per- 
sonal injuries  to  passengers.  21  L.R.A. 
296. 

§  52.  For  whose  acts  liable. 

Liability  for  injuries  caused  by  negligence 
of  other  company  using  the  road  under 
a  lease,  license,  or  other  contract. 
L.R.A.1918E,   257. 

Liability  for  accidents  caused  by  wrongful 
act  of  stranger.     22  L.R.A.  306. 

Negligent  injury  to  passenger  at  station  by 
persons  coming  there  to  transact  busi- 
ness.    13   L.R.A.(N.S.)    589. 

Injury  by  dog  or  other  animal.  4  L.R,A. 
(N.S.)   947. 

Injuries  by  fellow  passengers  on  crowded 
trains.     24  L.R.A.  711, 

Injury  resulting  from  negligent  or  meddle- 
some act  of  fellow  passenger.  37  L.R.A. 
(N.S.)  724;  49  L.R.A,(N.S,)  810; 
L.R.A.1918F,  819. 

Act  of  obviously  drunken  passenger.  4  B, 
R.  C.  330. 

§  53.  — employee  or  independent  con- 
tractor. 

Delegation  of  duty  as  to  safety  of  station 
premises  as  affecting  liability  to  pas- 
sengers.    50  L.R.A. (N.S.)   561. 

Liability  of  union  depot  company  for  neg' 
ligence  of  its  own  or  carrier's  employ- 
ees.    33  L.R.A. (N.S.)   433. 

Liability  of  carrier  for  assistance  negligent- 
ly rendered  passenger  by  employee. 
10  L.R.A.(N.S.)    411. 

Carrier's  liability  for  injury  to  child  in- 
vited into  place  of  danger  by  employee. 
4  L.R.A.(N.S.)   804. 

Liability  for  injury  to  child  passenger  ex- 
posing himself  to  danger  in  consequence 
of  employee's  conduct.  20  L.R.A,(N,S.) 
1124, 

Liability  for  injuries  inflicted  by  employees 
on  trespasser  after  he  has  left  train.  34 
L.R.A.(N.S.)    200. 

Liability  of  railroad  company  for  negligence 
of  one  of  its  employees  while  running 
on  the  road  of  another  company  sub- 
ject to  the  orders  of  the  latter's  train 
despatcher.     22   L.R.A. (N.S.)    323. 

Presumption  of  negligence  from  injury  to 
passenger  by  acts  of  emplovees.  13 
L.R.A.{N.S.) 


INDEX  TO  L.R.A.  NOTES. 


155 


'CARRIERS,  III.  j;  1— cont'd 

Canicr's  liability  for  tort  committed  by 
servant  in  course  of  employment  with 
view  to  furtherance  of  master's  busi- 
ness, but  contrary  to  master's  express 
instructions.      18    L.R.A.  (N.S.)     416. 

Xiability  of  carrier  for  acts  of  independent 
contractor.     GO  L.R-.A.  150. 

2.   Toward  whom  liable, 

f   54.  Generally. 

Duty  toward  sick,  disabled  or  intoxicated 
passenger,   see   supra,   §   3!). 

Liability  to  person  assisting  passenger  on 
train,   see  infra,   §   69. 

To  whom  carrier  liable  for  injuries  at  sta- 
tions, see   infra,   §   72. 

"Measure  of  diligence  required  toward  pas- 
senger on  street  railway.  4  L.R.A. 
(N.S.)   122. 

Liability  for  injuries  inflicted  by  employees 
on  trespasser  after  latter  has  left  the 
train.     34  L.R.A.(N.S.)   200. 

Xiability  for  injury  to  one  riding  on  train 
run  over  tracks  by  another  company 
under  license,  throuszh  negligence  of 
licensee.     36  L.R.A. (N.S.)    887. 

Passenger  on  train  or  boat  chartered  to 
third  person  for  excursion  or  other 
similar  purpose.  15  L.R.A. (N.S.)  425; 
52  L.R.A.  (N.S.)   260. 

Duty  of  carrier  to  one  whom  it  permits  to 
enter  its  cars  upon  his  own  business, 
and  not  as  a  passenger.  8  L.R.A. (N.S.) 
1240;   34  L.R.A.(N.S.)    715. 

Duty  and  liability  to  one  who  accompanies 
passenger  not  for  the  purpose  of  assist- 
ing him.     52  L.R.A. (N.S.)    179. 

^  55.  Children;  newsboys. 

Carrier's  liability  for  acts  of  employees  in 
permitting  children  to  be  in  danger.  27 
L.R.A.  171. 

Carrier's  liability  for  injiiry  to  child  in- 
vited into  place  of  danger  by  emplovee. 
4  L.R.A.(N.S.)   804. 

Liability  for  injury  to  child  passenger  who 
exposes  himself  to  danger  in  conse- 
quence of  conduct  of  emplovee.  20 
L.R.A.  (N.S.)   1124. 

Where  employee  frightens  child  or  orders 
him  to  get  oif.    L.R.A.1916C,  107. 

T)uty  to  child  trespassing  on  cars.  32 
L.R.A. (N.S.)    572. 

Liability  for  injury  to  children  jumping  on 
and  off  trains  in  motion.  21  L.R.A. 
355. 

Liability  for  injury  to  children  catching 
rides  on  street  cars.    L.R.A.1916C,  106. 

Carrier's  duty  to  prevent  minor  passenger 
from  alighting  from  moving  car.  17 
L.R.A.(N.S.)    101;    L.R.A.1918B,   1133. 

Doctrine  of  attractive  nuisance  as  applied 
to  injury  by  railroad  cars.  19  L.R.A. 
(N.S.)    1136. 

Duty  of  -carrier  to  newsboy.  50  L.R.A. 
(N.S.)   689. 

Consult  also  L.R.A.  Digests  of  Cases. 


CARRIERS,  III.  j ;  2— cont'd 
§   5  6.  Postal  clerk. 

Generally.      19    L.R.A.    339;    L.R.A.1918E, 

517. 
Relief  from  liability  by  statute.     19  L.R.A. 

340. 
Liability  for  failure  to  keep  car  in  proper 

condition.       3     L.R.A.  (N.S.)     218;     26 

L.R.A.(N.S.)    1058;    L.R.A.1918E,    517. 

§  5  7.  Free  passengers;  drovers. 

Limitation  of  liability,  see  supra,  §  29. 

Degree  of  care  owed  to  free  passenger  in 
absence  of  stipulation  upon  tlie  subiect. 
5    L.R.A.(N.S.)    721;    46   L.R.A. (N.S.) 
142. 

Liability  of  carrier  to  passengers  traveling 
on  passes  or  contracts  contrary  to  pro- 
visions of  statute  or  Constitution.  14 
L.R.A.(N.S.)  526;  43  L.R.A. (N.S.)  901. 

Duty  of  carrier  to  caretaker  accompanying 
shipment  of  livestock.  22  L.R.A.  794; 
31  L.R.A.(N.S.)    632. 

§  58.  Person  wrongfully  on  train  by 
collusion  witli  employee. 

Liability  for  injury  to  person  wrongfully 
on  train  by  collusion  Avith  train 
employee.  5  L.R.A.  (N.S.)  1025; 
37  L.R.A.(N.S.)  419. 

§  59.  Passenger  temporarily  leaving 
vehicle. 

At  regular  stations.  15  L.R.A.  399;  61 
L.R.A.(N.S.)    900. 

Alighting  at  points  other  than  regular  sta- 
tions.    51  L.R.A.  (N.S.)  904,  906. 

At  sidings  and  coaling  stations.  15  L.R.A. 
399. 

Leaving  to  avoid  anticipated  danger.  15 
L.R.A.  400. 

Leaving  to  rectify  mistake  in  taking  train, 
etc.     15  L.R.A.  400. 

§  60.  Passenger  on  platform. 

Contributory  negligence  of  passenger  on 
platform,  see  infra,  §  80. 

Injury  to  passenger  on  platform  of  vesti- 
buled  train.  22  L.R.A.  (N.S.)  313; 
27  L.R.A.(N.S.)  253. 

Duty  of  street  car  company  to  passenger  or 
running  board.  18  L.R.A.(N.S.)  160; 
45  L.R.A.(N.S.)   969. 

Liability  to  passenger  riding  on  platform 
of  railroad  car  with  knowledge  of  car- 
rier.    1  L.R.A.(N.S.)    1145. 

§61.  Passenger  on  freight  train. 

Liability  of  railroad  company  for  injury 
to  person  wrongfully  on  freight 
train  by  collusion  with  a  train 
employee.  5  L.R.A. (N.S.)  1025; 
37  L.R.A.(N.S.)   421. 

§  62.  Passenger  on  track  or  falling 
from  train. 

Injury  by  other  train  while  passengers 
are  getting  on  or  off,  see  infra,  §  65. 

Duty  to  keep  lookout  for  passenger  on  track. 
25   L.R.A.   290. 


156 


INDEX  TO  L.R.A.  NOTES. 


CARRIERS,  III.  j ;  2— conf  d 

Injury  to  street  car  passenger  who,  upon 
alighting,  passes  around  end  of  car, 
and  is  struck  by  car  on  other  track.  4 
L.R.A.{N.S.)  729;  21  L.R.A.(N.S.)  887. 

Duty  of  carrier  to  passenger  who  has  fallen 
from  train.     27   L.R.A.(N.S.)    768. 

3.  Getting  on  or  off;  starting  and  stop- 
ping. 

§  68.  Generally. 

Contributory   negligence   in   getting   on    or 

off,  see  infra,  §§  81,  82. 
Failure  to  stop  train  as  proximate  cause 

of  injury,  see  Pboximate  Cause,  §  9. 

Presumption  of  negligence  from  accident  to 
passenger  while  embarking  or  alight- 
ing.   15  L.R.A.  38. 

Status  as  passengor  of  one  who  attempts  to 
board  a  moving  car  or  train.  L.R.A. 
1916B,  832. 

Injury  to  passenger  alighting  temporarily 
at  intermediate  point.  61  L.R.A.(N.S.) 
899. 

Duty  of  carrier  of  passengers  to  keep  steps 
of  cars  free  from  snow  and  ice.  15 
L.R.A.(N.S.)  523;  35  L.R.A.(N.S.)  592. 

Duty  to  passenger  who  attempts  to  board 
car  when  door  or  gate  is  closed.  7 
L.R4.{N.S.)    603. 

Duty  and  liability  of  street  railway  com- 
pany to  passenger  attempting  to  enter 
or  leave  car  on  wrong  side.  26  L.R.A. 
(N.S.)    1217. 

Liability  of  carrier  for  injuries  to  intending 
passenger  who  enters  car  prematurely. 
33  L.R.A.(N.S.)   583. 

Duty  to  prevent  passengers  at  stations  from 
going  into  dangerous  places.  32  L.R.A. 
(N.S.)    198. 

Liability  for  personal  injury  to  passenger 
by  crowd  at  station  or  stopping  place. 
32  L.R.A.(N.S.)  470. 

Injury  by  crush  in  entering  car  at  elevated 
or  subway  station.  7  L.R.A.(N.S.)  729; 
51  L.R.A.(N.S.)   1152. 

Liability  of  carrier  for  injury  to  passenger, 
or  intending  passenger,  through  block 
ing  way  to  station  or  train.  15  L.R.A. 
(N.S.)  740. 

Violation  by  servant  of  rule  adopted  by 
railway  company  as  evidence  of  negli- 
gence in  case  of  injury  to  passenger 
alighting  from  or  boarding  train. 
L.R.A.1917C,  799,  806. 


§  «4.  Right  and  duty  to  prevent  board- 
ing or  alighting  from  moving  car. 

Right   to   prevent   one   boarding   a   moving 
car  for  purpose  of  becoming  a  passen- 
ger.    21  L.R.A.(N.S.)   36. 
Duty  of  carrier  to  prevent  passenger  from 
alighting  from  car  or  train  while  in 
motion.       31     L.R.A.(N.S.)     625; 
L.R.A.1918B,  1131. 
Minor  passenger.    17  L.R.A.(N.S.)  101; 
L.R.A.1918B,  1133. 
Injury  to  passenger  alighting  from  moving 
train   which    he    liad    boarded    through 
negligence  of  carrier.     .32  L.R.A.(N.S.) 
280. 
Begin  ttith  this  hoole  on  nvery  laic 


CARRIERS,  III.  j;  3— cont'd 
§65.  Injury  by  oilier  train. 

Contributory  negligence,  see  infra,  §  83. 

Running  train  or  car  between  standing  train 
and  station.  13  L.R.A.(N.S.)  620;  31 
L.R.A.(N.S.)    338. 

Stopping  passenger  train  at  point  where 
trains  are  standing  or  moving  on  par- 
allel, adjacent  tracks.  17  L.R.A. (N.S.) 
179. 

§  66.  Negligence  in  stopping  and  start- 
ing. 

Violation  by  servant  of  rule  adopted  by  rail- 
way company  as  evidence  of  negligence 
toward  passenger.    L.R.A.1917C,  800. 

What  injuries  may  be  deemed  the  proxi- 
mate result  of  failure  to  stop  street 
car  for  waiting  passenger.  33  L.R.A. 
(N.S.)  1007. 

Negligence  in  starting  street  car  with  jerk» 
23  L.R.A.(N.S.)  891;  34  L.R.A.(N.S.) 
220. 

Sudden  stopping  of  train  in  an  emergency 
as  negligence  toward  passenger.  L.R.A. 
1915D,  368. 

Presumption  of  negligence  from  sudden 
start,  stop,  jolt,  or  jerk  of  car.  7  L.R.A. 
(N.S.)  1076;  13  L.R.A. (N.S.)  611;  29 
L.R.VN.S.)   814;  L.R.A.1916C,  373. 

Liability  for  injuries  to  passengers  inside 
car  from  sudden  starting  or  stop- 
ping of  train.  34  L.R.A. (N.S.) 
229. 

Starting  car  before  passenger  is  seated.^ 
42  L.R.A.  293;  4  L.R.A. (N.S.)  558; 
L.R.A.1915A,  797. 

Liability  of  street  car  company  for  injury 
to  passenger  boarding  car  by  starting 
of  car  on  signal  of  fellow  passenger. 
49  L.R.A.(N.S.)  810;  L.R.A.1918F,  819. 


§   67.—  while  passenger  is  alighting. 

Duty  to  see  that  passenger  has  alighted  be- 
fore starting  train  at  station.  25 
L.R.A.(N.S.)    217. 

Duty  of  street-car  conductor  to  see  that 
passenger  is  off  before  starting  the  car. 
11   L.R.A.(N.S.)    140. 

Negligence  in  starting  street  car  with  jerk 
while  passenger  is  alighting.  23 
L.R.A.(N.S.)  891;  34  L.R.A.  (N.S.) 
225. 

Presumption  of  negligence  from  sudden 
starting  of  ear  while  passenger  is 
alighting.  13  L.R.A.(N.S.)  611;  2» 
L.R.A.(N.S.)   814]  L.R.A.1916C,  373. 

Liability  of  street  car  company  for  injury 
to  alighting  passenger  by  starting  of 
car  on  signal  of  fellow  passenger.  27 
L.R.A.(N.S.)  764;  37  L.R.A.  (N.S.) 
724;  L.R.A.1918F,  819. 

Time  allowed  passenger  to  alight.  4  L.R.A. 
(N.S.)    140. 

Measure  of  care  owed  to  passengers  wish- 
ing to  leave  street  car  which  has 
stopped,  but  not  for  the  purpose  of  al- 
lowing passengers  to  alight..  3  L.R.A» 
(N.S.)  94. 
question. 


INDEX  TO  L.R.A.  NOTES. 


157 


CARRIERS,  III.  j;  3— cont'd  j 

Liability  of  street  railway  company  for 
stopping  car  at  improper  place  for  pas- 
senger to  alight.     16  L.R.A.(N.S.)   467. 

Discharging  street  car  passenger  on  curve. 
L.R.A.1915C,    609. 

Injury  to  passenger  alighting  temporarily 
at  intermediate  point.  61  L.R.A. (N.S.) 
899. 

§   68.  Duty  to  assist  passenger. 

Duty  to  assist  passenger  boarding  or  alight- 
ing.    48  L.R.A. (N.S.)   816, 

Duty  to  guide  or  conduct  passenger  to  or 
from  train.     20  L.R.A. (N.S. ).  1041. 

Violation  by  servant  of  rule  as  to  assisting 
passengers  as  evidence  of  negligence  in 
case  of  injury  to  passenger.  L.R.A. 
1917C,  799. 

§  69.  Injury  to  person  assisting  pas- 
senger. 

Duty  to  one  assisting  passenger  on  train. 
3  L.R.A. (N.S.)  432;  22  L.R.A. (N.S.) 
910;  28  L.R.A.  (N.S.)  773;  46  L.R.A. 
(N.S.)   357;  L.R.A.1918F,  317. 

4.  Safety  of  stations,  approaches,  and 

platforms. 
§   7  0.  Generally. 

As  to  stations  generally,  see  infra,  §  94. 
Announcement  of  stations,  see  supra,  §  45. 
Carrying   beyond   station,   see   supra,   §   46. 
Keeping   station    open,    see   supra,    §    48. 
Discrimination    at    and    governmental    reg- 
ulation  as  to,   see   infra,   §§    161,   162. 

Places  within  implied  invitation  extended  to 
passengers  or  persons  on  business 
at  railroad  station.  L.R.A.1915B, 
827. 

Violation  by  servant  of  rule  as  to  approach- 
ing station  or  standing  train  as  evi- 
dence of  negligence  in  case  of  injury  to 
passenger.     L.R.A.1917C,  800. 

Delegation  of  duty  as  to  safety  of  station 
premises  as  affecting  liability  to  pas- 
sengers.    50  L.R.A. (N.S.)   561. 

Application  to  operations  in  depot  grounds 
of  statute  or  ordinance  requiring  look- 
out on  trains.     5]   L.R.A.(N.S.)   618. 

Degree  of  care  toward  passenger  at  sta- 
tion.    33  L.R.A. (N.S.)    855. 

Duty  to  maintain  safe  approaches  beyond 
its   own   premises.      16   L.R.A.   593. 

Right  of  passenger  using,  as  approach  to 
station,  a  wav  not  provided  by  carrier. 
23  L.R.A.(N.S.)  633;  47  L.R.A.(N.S.) 
1149. 

Presumption  of  negligence  from  occurrence 
of  accident  to  passenger  at  stations. 
15   L.R.A.   35, 

Measure  of  care  which  a  carrier  must  ex- 
ercise to  keep  its  platforms  and  ap- 
proaches safe.     20   L.R.A.  520. 

Duty  of  carrier  to  guard  passenger  against 
walking  through  station  doorway  lead- 
ing to  place  of  danger.  24  L.R.A. 
(N.S.)   250. 

■Contributory  negligence  in  walking  through 
doorway  in  railroad  station  leading  to 
place  oif  danger.     L.R.A.1917D,  892. 

Duty  of  street  railway  as  to  condition  of 
approaches  to  cars,  32  L.R.A. (N.S.) 
881;  48  L.R.A. (N.S.)   974. 

Consult  also  L.R.A.  Digests  of  Cases, 


CARRIERS,  III.  j;  4^-cont'd 

Duty  of  carrier  as  to  condition  of  place 
used  as  flag  station.  39  L.R.A. (N.S.) 
558. 

Duty  of  interurban  road  with  respect  to 
accommodations  for  boarding  or  leav- 
ing car  at  country  crossing.  13  L.R.A. 
(N.S.)    476. 

Liability  to  pkssenger  for  injury  by  article 
falling  from  passing  train.  44  L.R.A. 
(N.S.)    1H8. 

Liability  for  injuries  to  person  near  track  in 
consequence  of  suction  from  passing 
train.    L.R.A.1917B,  1163. 

§  71.  Duty  as  to  lights. 

Duty  of  carrier  to  keep  station  lighted.  1 
_  L.R.A,  (N,S.)    851, 

Failure  to  properly  light  waiting  room  as 
affecting  carrier's  liability  for  assault 
upon  or  robbery  of  passenger.  L.R.A. 
1918A,  1072, 

§   72.  Toward  whom  duty  owed. 

Places  within  implied  invitation  extended  to 
persons  on  business  at  railroad.  L.R.A. 
1915B,  827. 

To  whom  railroads  owe  the  duty  of  keep- 
ing station  platform  safe.  20  L.R.A. 
527. 

Liability  for  injury  to  trespasser  or  bare 
licensee  at  station  by  train.  41 
L.R.A.(N.S.)    162. 

Injury  to  intending  passenger  attempting 
to  flag  train  at  flag  station.  24  L.R.A, 
(N.S.)    741. 

Duty  of  carrier  to  persons  who  accompany 
passengers  to,  or  wait  for  them  at, 
stations.     20    L.R.A.(N.S.)    833. 

Duty  to  one  who  goes  on  station  grounds 
to  mail  letter  on  train.  24  L.R.A. 
(N.S.)    535. 

Duty  of  railroad  company  to  one  who  goes 
upon  station  premises  to  transact  busi- 
ness with  third  person.  L.R.A,1916A, 
516. 

Liability  of  railroad  company  for  injury 
to  one  going  to  station  after  it  has 
been  closed  for  the  night.  43  L.R.A. 
(N.S.)  1134. 

Duty  of  carrier  to  newsboys.  5p  L.R.A. 
(N.S.)    689. 

Duty  and  liability  of  carrier  to  passenger 
who  alights  temporarily  at  interme- 
diate point.     51  L.R.A.(N.S.)    899. 

Liability  of  connecting  carrier  to  passen- 
gers at  jimction  point.  L.R.A.1918F, 
433. 

5.  Condition  of  cars  or  vessels. 

§73.  Generally. 

Duty  as  to  heating,  see  supra,   §  42. 

Duty  as  to  freight  cars  generally,  see  in- 
fra,  §§   136-140. 

Liability  for  personal  injury  due  to  con- 
dition of  freight  cars,  see  infra,  §  138. 

Liability  of  railroad  company  for  injury  to 
passenger  by  latent  defect  in  car.     15 
L.R.A.(N.S.)   790;  L.R.A.1915D,  305. 
Duty    of    railroad    carrier    in    respect    to 
furnishing    proper    cars    for    pas- 
sengers.    31   L.R.A.   313. 


158 


INDEX  TO  L.R.A.  NOTES, 


fc. 


CARRIERS,  III.  j ;  5— cont'd 

Carrier's  liability  to  passenger  on  account 
of  unsanitary  condition  of  car.  26 
L.R.A.(N.S.)    263. 

Liability  of  carrier  to  postal  clerk  for  fail- 
ure' to  keep  car  in  proper  condition. 
3  L.R.A.(N.S.)  218;  26  L.R.A.(N.S.) 
1058;   L.R,A.1918E,  517. 

Liability  of  carrier  for  injury  to  passenger 
by  draft  or  rain  from  open  windows  or 
doors.    11  L.R.A.(N.S.)  926. 

Liability  of  carrier  to  passenger  who  falls 
over  fender.    26  L.R.A.(N.S.)   406. 

Liability  of  railroad  company  for  injury  to 
persons,  not  eniplovees,  caused  by  de- 
fectively loaded  car.  26  L.R.A.(N.S.) 
204. 

Liability  for  accident  through  leaving  ves- 
tibule doors  open.    2  L.R.A.(N.S.)  645. 

Liability  of  carrier  for  injury  to  passenger 
from  baggage  or  parcels  in  aisle  of  car. 
13  L.R.A.(N.S.)  481;  43  L.R.A.(N.S.) 
1050. 

Duty  of  carrier  to  keep  steps  of  cars  free 
from  snow  and  ice.  15  L.R.A.  (N.S.) 
523;    35   L.R.A.(N.S.)    592. 

Duty  of  carrier  of  passengers  to  keep  steps 
of  car  free  from  slippery  substances 
other  than  snow  and  ice.  39  L.R.A. 
(N.S.)   419. 

Duty  as  to  condition  of  platform  or  running 
board  of  street  car.  45  L.R.A. (N.S.) 
969. 

Permitting  space  between  platforms  of  cars 
as  negligence.     L.R.A.1916D,  1113. 

Carrier's  liability  for  injury  to  passenger 
from  door  of  vehicle.  39  L.R.A. (N.S.) 
878;  L.R.A.1918D,  529. 

Liability  of  carrier  for  personal  injuries  to 
consignor  or  consignee  or  their  em- 
ployees caused  by  unsafe  car.  9  L.R.A. 
(N.S.)  8.-) 7. 

Duty  to  provide  and  keep  gates  on  street 
ears  or  interurban  cars  closed.  32 
L.R.A.(N.S.)    346. 

Duty  of  steamship  company  to  passengers 
as  to  condition  of  decks.  33  L.R.A. 
(N.S.)  532. 

Failure  to  properly  light  car  as  affecting 
carrier's  liability  for  assault  upon  or 
robbery  of  passenger.  L.R.A.  191 8A, 
1072. 

§  74.  Overcrowded  cars. 

Contributory  negligence  on,  see  infra,  §  80. 

Permitting   car   to   be   overcrowded   as   af- 
fecting  carrier's    liability    for    assault 
upon  or  robbery  of  passenger.     L.RA.  i 
191 8A,  1072. 

Injuries     received     on     crowded     railroad  ' 
trains.     24  L.R.A.  710. 

On  crowded  car  on  elevated  railroad.  24 
L.R.A.   713. 

On  crowded  street  cars.  24  L.R.A.  712;  4 
L.R.A.(N.S.)  399. 

Injuries  caused  by  fellow  passengers  on 
crowded   trains.     24   L.R.A.   711. 

Liability  of  street  railway  company  for  in- 
jury to  person  waiting  for  car  in  con- 
sequence of  carrying  passengers  on 
platform  or  running  board.  45  L.R.A 
(N.S.)    209. 

liegin  ipith  this  boole  on  every  lata  question. 


CARRIERS,  III.— cont'd 


Contributory   negligence   of   person 
injured. 


§   75.  Generally. 

Question  for  jury  as  to,  see  Tbial,  §  46. 

Intoxication  as  affecting  negligence  of  pas- 
sengers. 40  L.R.A.  134;  47  L.R.A. 
(N.S.)    736;  L.R.A.1916F,  102. 

On  crowded  street  car.     24   L.R.A.  712. 

On  crowded  car  on  elevated  railroad.  24- 
L.R.A.  713. 

Contributory  negligence  of  passenger  in- 
jured by  crush  in  entering  car  at  ele- 
vated or  subway  station.  51  L.R.A. 
(N.S.)   1152. 

Contributory  negligence  of  intending  pas- 
senger who  enters  car  prematurely.  33 
L.R.A.(N.S.)    585. 

Contributory  negligence  of  persons  struck 
by  street  car  while  waiting  for  a  car. 
22  L.R.A.(N.S.)    228. 

Child  passenger  exposing  himself  to  dan- 
ger in  consequence  of  conduct  of  em- 
ployees.    20  L.R.A. (N.S.)    1124. 

Duty  of  passengers  to  leave  crowded  street 
car  at  request  of  conductor.  30  L.R.A, 
(N.S.)    993. 

Duty  of  passenger  to  protect  himself  dur- 
ing an  affrav  on  the  train.  32  L.R.A. 
(N.S.)   1209." 

Contributory  negligence  of  passenger  in- 
jured by  other  passenger  who  was  ob- 
viously drunk.     4  B.  R.  C.  340. 

Contributory  negligence  of  passenger  in 
standing  inside  of  railroad  car.  50 
L.R.A.(N.S.)    441. 

Contributory  negligence  of  passenger  in 
standing  inside  of  street  car.  50  L.R.A. 
(N.S.)    450. 

Contributory  negligence  of  passenger  in- 
jured by  door  of  vehicle.  L.R.A.1918D,. 
529. 

Contributory  negligence  in  walking  through 
doorway  in  railroad  station  leading  to 
place  of  danger.     L.R.A.1917D,  892. 

Contributory  negligence  of  passenger  wiio 
alights  temporarily  at  intermediate 
point.     51  L.R.A. (N.S.)   899. 

Liability  of  carrier  for  personal  injuries 
to  passenger  who  attempts  to  reach  his 
destination  by  other  means  because  of 
delay  or  stalling  of  car  or  train.  L.R.A. 
1917F,  357. 

Imputing  negligence  of  carrier  to  passenger.. 
8  L.R.A.(N.S.)   616;  L.R.A.1915A,  761. 


§7  6.  Exposure  of  part  of  body. 

Exposing    part    of    body    beyond    car. 
L.R.A.    91;     5    L.R.A. (N.S.)     274; 
L.R.A.(N.S.)   42. 


16 
50 


§  7  7.  Passing    from    one    car    to    an- 
other. 

Negligence  of  passenger  in  passing  from 
one  car  to  anotlier.  34  L.R.A. 
720;    37  L.R.A. (N.S.)    518. 

Obedience  to  instructions.  34  L.RA.  721; 
L.R.A.1916E,  767. 


INDEX  TO  L.R.A.  NOTES. 


159 


CARRIERS,  III.  k— cont'd 
§   7  8,  Riding  in  dangerous  or  unusual 
place  generally. 

Riding  in  clangorous  places  on  crowded  rail- 
road trains.     24  L.R.A.  710. 

Riding  on  top  of  tar  as  contributory  negli- 
gence.    30   L.R.A.  (N.S.)    425. 

§   79.  Riding  in  wrong  car. 

Passenger's  riding  in  baggage  or  express 
car  as  contributory  negligence.  16 
L.R.A.  631. 

§  80.  Riding  on  platform. 

Negligence  of  carrier,  see  supra,  §  60. 

Riding  on  platform  of  street  car  as  negli- 
gence.    49  L.R.A. (N.S.)   135. 

Riding  on  platform  of  railroad  car  as  neg- 
ligence.     29      L.p.A.(N.S.)       325; 
L.R.A.1935B,  166. 
Where  train  is  crowded.    24  L.R.A.  710. 

Contributory  negligence  of  passenger  in  rid- 
ing or  standing  on  running  board  of 
street  car.  2  L.R.A.  (N.S.)  ]191,  10 
L.R.A.  (N.S.)  352;  12  L.R.A.  (N.S.) 
831;  21  L.R.A. (N.S.)  972;  49  L.R.A. 
(N.S.)   135. 

Negligence  in  getting  on  platform  or  steps 
of  car  just  before  reaching  station.  21 
L.R.A. (N.S.)    715. 

Riding  on  platform  as  affecting  right  to 
recover  for  injury  through  accident  to 
train  or  car.     17  L.R.A. (N.S.)    158. 

§  81.-  Getting  on  and  off  railroad  train. 

Negligence  of  carrier,  see  supra,  §§   63-69. 
Injury  to  passenger  on  track  before  board- 
ing or  after  alighting,  see  infra,  §  83. 

Status  as  passenger  of  one  who  attempts  to 
board  a  moving  car  or  train.     L.R.A. 
1916B,  832. 
Negligence   of    passenger    in   getting   on    or 
off  moving  train.     21  L.R.A.  354; 
22  L.R.A.(N.S.)   741;  L.R.A.1915C, 
181. 
Alighting     from     moving     train        21 
L.R.A.    358;     24    L.R.A.    711;    22 
L.R.A.(N.S.)      742;      L.R.A.1915C, 
181. 
Boarding    train    while    in    motion.      21 
L.R.A.  356;   22  L.R.A. (N.S.)    757; 
L.R.A.1915C,  186. 
Negligence  of  passenger  attempting  to  board 
car    when    door    or   gate    is    closed.      7 
L.R.A.  (N.S.)    (]03. 
Contributory  negligence  of  passenger  where 
train   is   run   past   station.     37   L.R.A. 
(N.S.)   266. 
Parties  compelled  to  alight  from  train.     21 

L.R.A.  354. 
Contributory    negligence   of   child   in   jump- 
ing  on    or   off   moving   railroad    train. 
21    L.R.A.    355;    29    L.R.A. (N.S.)    846. 
Assumption  of  passenger  that  car  will  stop 
at  proper  place  for  alighting.     2  L.R.A. 
(N.S.)    115;    9   L.R.A.(N.S.)    1113. 
Construction   and  effect  of   statute   making 
it  an  offense  to  get  on  a  moving  car  or 
train.     23  L.R.A.(N.S.)    513. 
Negligence  of  passenger  in  going  upon  plat- 
form or  steps  of  car  just  before  reach- 
iuGT  I'is  station.     21    L.R.A.  (N.S.I    715. 
Consult  also  L.R.A.  Digests  of  Cases. 


CARRIERS,  III.  k— cont'd 

Boarding  or  alighting  from  moving  train, 
as  defense  under  genei-al  provision  in 
policy  as  to  exposure  to  danger.  10 
L.R.A.(N.S.)    957. 

§  82.  Getting  on  or  off  street  car. 

Negligence  of  carrier,  see  supra,  5i§  63- 
69. 

Negligence  of  passenger  who  attempts  to 
board  car  when  door  or  gate  is  closed, 
7  L.R.A. (N.S.)    603. 

Contributory  negligence  of  passenger  in- 
jured by  crush  in  entering  car  at  ele- 
vated or  subway  station.  51  L.R.A, 
(N.S.)    1152. 

Negligence  in  getting  on  or  off  a  moving 
street  car.  38  L.R.A.  786;  30^ 
L.R.A. (N.S.)    270. 

§  83.  Crossing   track. 

Negligence  of  carrier,  see  supra,  §  65. 

Injury  to  street  car  passenger  who,  upon 
alighting,  passes  around  end  of  car, 
and  is  struck  by  car  on  other  track.  4 
L.R.A.  (N.S.)  729;  21  L.R.A.  (N.S.) 
887. 

Duty  of  passenger  embarking  or  diseni' 
barking  at  station  to  stop,  look,  and 
listen  before  crossing  track  adjacent 
to  train.  13  L.R.A.(N.S.)  621;  27 
L.R.A.(N.S.)   128. 

§  84.  After  ejection. 

Negligence  of  passenger  ejected  from  train,, 
in  walking  on  railroad  track.  12 
L.R.A. (N.S.)   359. 

I,  Risks  assumed  hy  passenger. 

§  84a.     In  general. 

Risks   of  negligence   assumed   by  passenger 

as  including  gross  negligence.    1  L.R.A, 

(N.S.)   675. 
By  passenger  getting  on  or  off  moving  car. 

38  L.R.A.  786. 
By  passenger  riding  or  standing  on  running 

board   of   street   car.     2   L.R.A.(N.S.) 

1191. 

§  85.  On  freight  train. 

As  to  jerking  the  cars  in  stopping  or  start- 
ing a  train.     19  L.R.A.  310. 

As  to  risk  in  stock  car.     19  L.R.A.  311. 

As  to  what  degree  of  care  is  required  in 
other  cases.     19  L.R.A.  311. 

By  person  riding  on  drover's  pass.  22 
L.R.A.   794. 


m.  Baggage  and  property  of  passenger. 

§86.  Generally. 

Delivery  of  baggage  check  to  carrier  as  de- 
livery of  baggage.  14  L.R.A.  (N.S.) 
859. 

How  far  is  carrier  bound  by  act  of  baggage- 
man in  receiving  articles  as  baggage. 
10  L.R.A.(N.S.)   1119. 

Duty  to  check  baggage  to  destination.  25 
L.R.A. (N.S.)    537. 


160 


INDEX  TO  L.R.A.  NOTES. 


baggage    or 
30    L.R.A. 


CAERIERS,  III.  m— cont'd 
Right   of    passenger    to   carry 

packages    in    street    car. 

(N.S.)    889. 
Liability  of  carrier  for  injury  to  passenger 

from  baggage  or  parcel  in  aisle  of  car, 

13  L.R.A  (K.S.)   481;  43  L.R.A.(N.S.) 

1060. 
Implied    exceptions    in    statute   as   to   free 

transportation   of.     25   L.R.A.   569. 
Duty   of   carrier  to  transport   baggage   on 

same  train  with  passenger.     17  L.R.A. 

(N.S.ri091. 
Continuation  of  relation  while  looking  after 

baggage  after  reaching  destination.     2 

L.RJ^.(N.S.)   876. 
Rights  of  one  going  to  station  to  deposit 

baggage.    28  L.R.A.(N.S.)  311. 
Carrier's  liability  for  assault  by  employee 

while  attending  to  baggage.    17  L.R.A. 

(N.S.)   765. 

§  87.  What  is  baggage. 

Liability  for  loss  of  property  carried  as 
baggage,  see  infra,  §  89. 

Bicycle  as  baggage.     47  L.R.A.  306. 
Books    and    manuscript    as    baggage.      41 

L.R.A.(N.S.)  373. 
Household  goods  or  supplies  as  baggage.    39 

L.R.A.(N.S.)   634. 
Drummer's  baggage.     L.R.A.1918C,  108. 
Articles   intended  for  gifts  as  baggage  for 

which  carrier  is  responsible.    21  L.R.A. 

(N.S.)   850. 

§  88.  Duty  and  liability  of  sleeping  car 
company. 

Duty  of  sleeping  car  company  as  to  baggage 
or  personal  effects  of  passengers.  21 
L.R.A.  289;  9  L.R.A.  (N.S.)  407;  41 
L.R.A.(N.S.)  799;  L.RA.1915B,  621. 

§  89.  Liability  for  loss  of  generally. 

Extent  of  recovery  for  losa,  see  Damages, 
§§  46,  106. 

Liability  for  baggage  not  accompanied  by  a 
passenger.  55  L.R.A.  650;  43  L.R.A. 
(N.S.)   806;  L.R.A.1915E,  281. 

Liabilitv  of  carrier  for  loss  of  drummer's 
baggage.  4  L.R.A.(N.S.)  1035;  L.RA. 
1918C,  108. 

Liability  of  passenger  carrier  transporting 
merchandise  intrusted  to  it  by  passen- 
ger.    ]4  L.RA.  515. 

Liability  in  respect  to  property  of  third 
person  in  passenger's  bt^ggage.  L.R.A. 
1918C,  114. 

Recovery  by  parent  for  loss  of  personal  ef- 
fects of  infant  that  pays  no  fare.  1 
L.R.A.  (N.S.)   35.-}. 

Liability  of  baggage  transfer  company. 
L.R.A. 1910D,  1202. 

Duty  and  liability  of  carrier  as  to  baggage 
not  checked.     L.R.A.1916E,  482. 

Refusal  to  surrender  ticket  or  pay  fare  be- 
cause of  breach  of  contract  as  affecting 
right  to  recover  for  damage  to  or  loss 
of  baggage  of  passenger.  L.R.A.1916E. 
491. 


CARRIERS,  III.  m— cont'd 

Liability  of  carrier  for  loss  of  property  in 

a   check   room.      18   L.R.A. (N.S.)    295; 

29  L.R.A.(N.S.)   834. 
Burden  of  proof  as  to  liability  of  common 

carrier  for  baggage.     36  L.R.A.  781. 
Right  of  owner  of  baggage  to  testify  as  to 

its    value   in   action   for   its   loss.     37 

L.R.A.(N.S.)  588. 

§  89a.  Liability  for  loss  of  hand 
baggage  or  other  effects  in  the 
custody  and  control  of  passenger. 

Railroad  and  street  railways.  L.R.A.1915B, 
608,  609. 

Steamship   companies.      L.R.A. 1915B,   613. 

Presumption  and  burden  of  proof  as  to  re- 
sponsibility for  loss.  L.R.A.1918B, 
1063. 

§90.  Liability  after  reaching  destina- 
tion. 

Liability  for  baggage  After  reaching  desti- 
nation of  passenger.  36  L.R.A. 
781;  38  L.R.A. (N.S.)   383. 

Termination  of  liability  for  baggage.  3 
L.R.A.(N.S.)    183. 

§91.  Limitation  of  liability. 

As  to  passengers  generally,  see  supra,  §§  28, 

29. 
As  to  freight,  see  infra,  §§  128-135. 

Limitation  of  carrier's  liability  for  passen- 
ger's luggage.  19  L.R.A.(N.S.)  1006; 
34  L.R.A.(N.S.)  818;  L.R.A.1916A, 
1273. 

Limitation  of  liability  by  baggage  transfer 
company.     L.R.A.1916D,  1204. 

Carmack  amendment  as  affecting  state  regu- 
lations as  to  stipulations  limiting  lia- 
bility.    50  L.R.A.  (N.S.)    810. 

Effect  of  limitation  of  carrier's  liability  on 
liability  for  loss  of  hand  baggage  or 
other  effects  in  the  custody  or  control 
of   passenger.     L.R.A.1915B,   612. 

Application  to  hand  baggage  of  limitation 
of  liability  for  loss  of  baggage.  5 
L.R.A.(N.S.)  650. 

Does  stipulation  exempting  carrier  from  lia- 
bility for  passenger's  baggage,  or  lim- 
iting amount  thereof,  cover  losses  due 
to  negligence.  8  L.R.A. (N.S.)  199;  34 
L.R.A.(N.S.)   826. 

Limitation  of  liability  foV  baggage  after 
reaching  destination  of  passenger.  36 
L.R.A.  787. 

Valuation  of  property  for  purposes  of 
transportation  as  affecting  carrier's  lia- 
bility where  the  property  is  converted 
or  embezzled  while  in  its  possession. 
L.R.A.1918A,  756. 

§  92.  Measure  of  damages. 

See  Damages,  §§  15,  46,  106. 


n.    Corpse. 


§  93.  Generally. 

Duty    of    carrier    as    to   transportation    of 

corpses.     38  L.R.A. (N.S.)     '12. 
Who  may  maintain   action  for   mutilation 
of  corpse.     L.R.A.1915B,  519. 
Begin  xtHth  this  hook  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


161 


CAERIERS,  III.— cont'd 

o.   Stations. 

§   94.  Generally. 

Duty  of  company  at,  generally,  see  supra, 
'§  48. 

Announcement  of,  see  supra,  §  45. 

Carrying  beyond,  see  supra,  §  4(5. 

Safety  of,  see  supra,   §§   70-72. 

Discrimination  at,  and  goyernmental  regu- 
lations as  to,  see  infra,  §§  161,  162. 

As  to  contracts  with  reference  to,  see  Rail- 
roads, §  27. 

Right  to  cliange  the  location  of  station. 
34  L.R.A.{N.S.)   412. 

p.  Passengers  on  freight  train. 

§  95.  Generally. 

Liability   for    injury   to   passenger    on,   see 

supra,  §  61. 
Risks  assumed  by  passenger  on,  see  supra, 

§  85. 

What    risk    is    assumed    by    passengers    on 

freight   trains.      19    L.R.A.    310. 
Carrier's    liability     for     injury    to    person 

wi'ongfuUy  on  freight  train  by  collusion 

with   train   employee.     5   L.R.A.  (N.S.) 

1025:    37   L.R.A. (N.S.)    421. 
Extent    of    ticket    agent's    authority    as   to 

carriage  on.     31   L.R.A. (N.S.)    233. 
Liability    for    injuries    to    passenger    from 

sudden   starting   or   stopping   of  train. 

34  L.R.A.(N.S.)  230. 

q.  Pullman  and  sleeping  car 
companies. 

§  96.  Duty  and  liability  of  Pullman 
or  sleeping  car  companies. 

Duty  and  liability  as  to  baggage,  see  supra, 

■§  88. 

Liability  for  money  stolen  from  passenger. 
11   L.R.A.   762. 

Ejection  of  passenger  by  sleeping  car  com- 
pany.    2]    L.R.A.  295. 

Right  of  passenger,  who  has  lost  ticket. 
L.R.A.1918E,  985. 

Duty  of  sleeping  car  company  as  to  con- 
tinuous passage.     21  L.R.A.  295. 

Liability  of  sleeping  car  company  for  per- 
sonal injuries  to  passenger.  21  L.R.A. 
296. 

Duty  to  protect  passengers  from  assault. 
■L.R.A.1917F,  888. 

Liability  for  wilful  misconduct  of  employ- 
ees.'   4  L.R.A. (N.S.)    492,  502. 

Liability  for  failure  to  furnish  passenger 
with  sleeping  car  accommodations.  21 
L.R.A.  295;  5  L.R.A.  (N.S.)  ]012;  38 
L.R.A. (N.S.)    259;    L.R.A.19ir)B,    1202. 

Duty  to  notify  passenger  in,  of  arrival  at 
destination.  14  L.R.A.  (N.S.)  907; 
L.R.A. 19L5C,  669. 

Dutj'  to  provide  separate  compartments  for 
colored  passengers  in  sleeping  or 
palace  cars.  32  L.R.A.  (N.S.)  801; 
L.R.A.1918D,  709. 

Constitutionality  of  statute  requiring  im-  j 
occupied  upper  berth  to  be  left  closed,  i 
L.R.A.1916A,  1139 


CARRIERS,  III.  q— cont'd 
§  9  7.  Rights,   duties,   and    liabilities  of 
railroad  company. 

Duty  of  railroad  to  furnish  sleeping  car 
service.     L.R.A.1918A,  51. 

Right  of  carrier  lu  run  trains  composed  ex- 
clusively of  sleeping  or  parlor  cars.  36 
L.R.A.  (N.S.)    1139. 

Carrier's  liability  for  assaults  on  passengers 
by  servants  of  sleeping  and  palace  car 
company.  14  L.R.A.  740;  21  L.R.A. 
297. 

Liability  of  railroad  company  for  acts  of 
employee  of  sleeping  or  Pullman  Car 
Company  toward  passengers.  -  21 
L.R.A.  297;  23  L.R.A.  (N.S.)    1056. 

Liability  of  railroad  company  for  acts  of 
Pullman  car  employees  toward  tres- 
passers.    L.R.A. 191 7A,  420. 

Contract  exempting  railroad  company  from 
liability  for  negligent  injury  to  sleep- 
ing car  employees  or  others  sustain- 
ing a  similar  relation  to  the  company. 

11  L.R.A. (N.S.)    432;   50  L.R.A. (N.S.) 
432;  L.R.A.1917D,  648. 

r.   Connecting   carriers;    negligence    of 
other  company. 

§  98.  Generally. 

Of  freight,  see  infra,  §§  142,  143. 

Responsibility  assumed  by  one  corporation 
in  issuing  tickets  good  upon  line  of 
another.     42  L.R.A.  (N.S.)    19. 

Duty  of  connecting  carrier  to  passenger 
holding  coupon  ticket,  as  affected  by 
delay  on  part  of  the  other  carriers.  25 
L.R.A. (N.S.)    459. 

Carrier's  liability  for  injury  to  its  passen- 
ger through  negligence  of  another  com- 
])any  which  it  permits  to  use  its  tracks. 
26  L.R.A.  (N.S.)   987. 

Duty  and  liability  to  passengers  at  junction 
point.     L.R.A.1918F.  433. 

Constitutionality  of  statute  requiring  car- 
rier to  sell  tickets  good  on  connecting 
line.     42   L.R.A. (N.S.)    541. 

8.  Penalty. 

§  99.  Generally. 

Motive  of  plaintiff  as  affecting  right  to  re- 
cover  statutory    penalty    from    carrier 

12  L.R.A. (N.S.")    497. 

Penalties  to  enforce  orders  of  Public  Serv- 
ice Commissions.     L.R.A.1918E,  311. 

Cumulative  penalties  for  failure  of  carrier 
to  provide  separate  accommodations  for 
white  and  colored  persons.  L.R.A. 
1917B,  548. 

Constitutionality  of  statute  imposing  pen- 
alty for  failure  to  pay  claim.  42  L.R.A. 
(N.S.)   106;  L.R.A.1917B,  926. 

t.  Tax  on  passenger  truffle. 

§   100.  Generally. 

Taxation  on  passenger  traffic.  57  L.R.A. 
59. 

State  taxation  of  passenger  travel  as  af- 
fected by  commerce  clause.  60  L.R.A. 
666. 


Consult  filso  L.R.A.  Digests  of  Cases.    11 


162 


INDEX  TO  L.R.A.  NOTES. 


C5ARRIERS— cont'd 

ir.  CavHers  of  freight, 
a.  In  general. 

§  101.  Generally. 

liovciniiu'iital  control,  see  infra,  V. 

Principal 


AND 


Authoritv    of    agent, 

Agent,  §  21. 
Effect   of  delivery   of   goods  to  carrier   as 

between  seller  and  purchaser,  see  Sale, 

Right  of  stoppage  in  transitu,  see  bALE, 
§  61. 

Authority  of  agent  of  initial  carrier  to 
extend  its  undertaking  beyond  its  own 
line.     31  L.R.A.(N.S.)    32. 

Mandatory  injunctions  to.     20  L.R.A.  166. 

Conflict  of  laws  as  to  contracts  of.  63 
T,.R.A.  51.3:  18  L.R.A.  (N.S.)   874. 

Effect  of  war  on  contract  of  affreightment 
with  alien  enemies.     L.R.A. 1917C,  667. 

Effect  of  breaking  continuity  of  shipment 
upon  its  interstate  character.  L.R.A. 
1917D,  1184. 

Liabii.LV  lor  tailure  to  forward  bonded  mer- 
chandise.   4  L.R.A.(N.S.)   1060. 

Order  for  goods  in  carrier's  possession  as 
subject  of  forgery.  32  L.R.A.(N.S.) 
338. 

Right  to  use  railroad  right  of  way  for  pur- 
pose i)f  depot.    36  L.R.A. (N.S.)  516. 

Right  to  use  railroad  right  of  way  for 
freight  facilities.    36  L.R.A. (N.S.)  517. 

Rights  of  third  persons  claiming  under 
carriers  to  assert  title  as  against  own- 
er.    25   L.R.A.(N.S.)    781. 

Right  of  bailor  to  assert  against  bailor  the 
hostile  title  of  a  third  person.  33 
L.RJL.(N.S.)   681;  L.R.A.1918B,  662. 

Sufficiency  of  general  allegations  of  negli- 
gence.    59  L.R.A.  239, 

Estoppel  to  plead-  defense  of  limitation  to 
action  on  carrier's  contract.  63  L.R.A. 
206. 

Effect  of  character  of  sum  agreed  upop  for 
breach  of  contract  to  provide  freight  as 
penalty  or  liquidated  damages  of  sin- 
gle or  multiple  stipulations  in  contract. 
L.R.A.1915E,  380. 

Right  of  owner  to  benefit  of  insurance  taken 
out  by   carrier.    47  L.R.A.(N.S.)    196. 

Liability  of  railroad  company  for  injury 
resulting  from  act  of  shipper  or  con- 
signee in  setting  car  in  motion.  51 
L.R.A. (N.S.)    888. 

Liability  for  injury  by  explosives  during 
shipment.     L.R.A.1916B,   725. 

Liability  of  a  carrier  for  injury  or  damage 
inflicted  by  an  animal  which  escapes 
from  its  custody  or  control.  L.R.A. 
1915D,  564. 

§  102.  Who  may  maintain  action 
against  carrier. 

MattiTs  affecting  interstate  commerce,  see 
Commerce,  §§  7,  8. 

Who  is  real  party  in  interest  by  whom 
action  against  carrier  of  goods  must 
be  brouglit.     64  L.R.A.  617. 

Begin  with  thia  hooTc  on  every  law  question. 


CARRIERS,  IV.  a— cont'd 
Right     of     consignee     to     maintain     action 
against    carrier.      22    L.R.A.    428; 
36  L.R.A. (N.S.)   68. 
Who  may  maintain   action   against  carrier 
for   nondelivery   of   goods   delivered    to 
carrier  bv  vendor  for  transportation  to 
purchaser.     32  L.R.A.  427. 

§  103.  Effect  of  deviation. 

Effect  of  deviation  upon  riglits  and  liabili- 
ties of  carriers.  2  B.  R.  C.  587;  3  B. 
R.  C.  285. 

On  riglits  and  obligations  arising  from 
special  contract.  2  B.  R.  C. 
612;  35  L.R.A.{N.S.)  1046; 
L.R.A.1917A,  62. 

Prior  deviation  as  affecting  carrier's  liabil- 
ity for  loss  or  damage  to  goods  from 
act  of  God.     L.R.A.1916D,  988. 

Loss  or  damage  from,  due  to  initial  car- 
rier's own  negligence  or  breach  of  con- 
tract.    31 -L.R.A. (N.S.)    85. 

Liability  of  carrier  for  damages  other  than 
loss  or  delay  resulting  from  deviation. 
L.R.A.1918A,  1064. 


§  104.  Injury  to  persons  loading  or 
unloading. 

Injuries  due  to  condition  of  cars,  see 
infra,  §  138. 

Liability  of  consignee  to  servants  of  car- 
rier.    46  L.R.A.  97. 

Shipper's  duty  to  notify  carrier  of  danger- 
ous character  of  article  shipped.  36 
L.R.A.   648. 

Liability  of  railroad  to  employees  for  negli- 
gence of  shippers  in  use  of  instrumen- 
talities for  loading  and  unloading  cars. 
24  L.R.A. (N.S.)    1020. 

Duty  of  carrier  to  protect  one  other  than 
employee  from  injury  by  movement  of 
cars  or  trains  while  loading  or  un- 
loading freight  or  express.  31  L.R.A. 
(N.S.)   960;  L.R.A.1915F,  866. 

§  105.  Right  of  agent,  etc.,  as  con- 
signee. 

Right  of  agent,  factor,  broker,  or  commis- 
sion merchant  to  whom  goods  are 
consigned  for  sale,  to  maintain  ac- 
tion against  a  common  carrier  for 
damage  to  or  loss  of  goods  during 
transit.     26  L.R.A. (N.S.)    437. 

§  106.  Liability  of  baggage  transfer 
companies. 

As  common  carriers.  34  L.R.A.  137;  21 
L.R.A.(N.S.)    188;    L.R.A.1916D,    1202. 

When  liable.     34  L.R.A.  138. 

Limitation  of  liability.  34  L.R.A.  138; 
L.R.A.1916D,  1204. 

Wlien  not  liable.     34  L.R.A.  139. 

When  duty  commences.     L.R.A.1916D,  1202. 

What  constitutes  delivery  by  transfer  com- 
pany.    L.R.A.1916D,  1203. 

Liabilitv  'as  affected  by  character  of  goods. 
L.R.A.1916D,  1203. 

Damages.     L.R.A.1916D,  1203. 


INDEX  TO  L.R.A.  NOTES. 


163 


CARRIERS,  IV.  a— cont'd 
The   effect   of    a   custom.      34    L.R.A.    140; 
L.R.A.1916D,  1205. 

b.  Bills  of  lading  and  special  contracts. 

§   10  7,  Generally. 

To  whom  delivery  may  be  made  under  bill 

of  lading,  see  infra,  §  115. 
As  to  bills  of  lading  generally,  see  Bills 

OF  Lading. 

Right  as  against  carrier  of  discounter  of 
draft  as  to  property  covered  by  a  bill 
of  ladin!^  attached  to  draft.  49  L.R.A. 
(N.S.)    651. 

Validity  of  contract  for  transportation  in 
violation  of  particular  statutes. 
12  L.R.A.(N.S.)    609. 

Impossibilities  of  performance  as  affecting 
liability  under  carrier's  contract.  14 
L.R.A.  216. 

Carrier's  liability  for  servant's  act  in  mak- 
ing out  false  bill  of  lading.  27  L.R.A. 
172, 

To  whom  may  delivery  be  made  under  bill 
of  lading.     38  L.R.A.  358. 

Effect  of,  on  delivery  to  impostor  by  car- 
rier.    37  L.R.A.  178. 

Effect  of  deviation  on  rights  and  obliga- 
tions of  carrier  arising  from  special 
contract.  2  B.  R.  C.  612;  35  L.R.A. 
(N.S.)   1046;  L.R.A.1917A,  62. 

Liability  of  carrier  to  bona  fide  holder  up- 
on bill  of  lading  issued  by  negligence 
or  mistake  of  agents  without  delivery 
of  any  goods  to  carrier.  41  L.R.A, 
(N.S.)    500. 

Transit  privileges.     L.R.A.1918A,  178. 

§   108,  Conclusiveness  of. 

Constitutionality  of  statute  making  bill  of 
lading  conclusive  proof  of  receipt  of 
property.     22  L.R.A. (N.S.)    821, 

Liability  of  carrier  to  a  bona  fide  holder 
upon  bill  of  lading  issued  by  negligence 
or  mistake  of  agent  without  delivery 
of  any  goods  to  carrier,  6  L,R.A. 
(N.S.)   302;  22  L.R.A.(N.S.)   828. 

Right  of  carrier  to  deny,  as  against  bona 
fide  holder  of  bill  of  lading,  that  goods 
were  delivered  to  it.  6  L.R.A, (N.S.) 
302. 

Conclusiveness  of  bill  of  lading  as  to  char- 
acter and  amount  of  goods  as  between 
carrier  and  bona  fide  transferrer.  34 
L.R.A.(N.S.)   1177, 

c,  Dutjf    to    receive   and    transport, 

§109.  Generally, 

Injunction  to  compel  a  carrier  to  transport 
freight.    L.R,A.1918C,  887. 

Duty  as  to  collection  of  packages  by  ex- 
press company.     33  L.R.A.  66. 

Right  of  carrier  to  refuse  to  receive  in 
afternoon  valuables  to  go  on  Tnorning 
train.     15   L.R.A. (N.S.)    558. 

Consult  also  L.R.A.  Digests  of  Cases, 


CARRIERS,  IV.  c— cont'd 

Right  to  discontinue  receipt  of  freight  at 
place  other  than  regular  station.  38 
L.R.A.(N.S.)    932, 

Duty  of  carrier  to  accept  freight  originat- 
ing and  terminating  within  city  limits, 
33  L.R.A. (N.S.)   443, 

Duty  of  carrier  to  accept  liquor  for  trans- 
portation to  points  where  its  sale  is 
prohibited  or  restricted.  40  L.R.A, 
(N.S.)    798;   45  L.R.A.(N.S.)    120. 

Effect  of  strike  on  carrier's  dutv  to  accept 
freight.  35  L.R.A.  623;  "^22  L.R.A. 
(N.S,)   1200. 

Right  to  refuse  to  transport  dangerous 
articles.     36  L.R.A.  649, 

d.  Loss  of,  or  injury  to,  property. 

§110.  Generally. 

To  live  stock,  see  infra,  §§  124-127. 

Limitation  of  liability  as  to,  see  infra, 
§§   128-135. 

Liability  for  loss  or  injury  due  to  condition 
of  cars,  see  infra,  §  136. 

Liability  of  connecting  carrier  for  loss,  see 
infra,   §   143. 

Extent  of  recovery  for,  see  Damages,  §  47. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence, see  Evidence,  §§  71,  71a. 

Railroad  liability  for  loss  of  registered  let- 
ter.    5   L.R.A. (N.S.)    459. 

Liability  of  carrier  for  loss  of  or  injury 
to  dog.     40  L.R.A.  508. 

Carrier's  liability  for  injury  by  goods  be- 
coming wet.     39  L.R.A. (N.S.)    645. 

Liability  of  carrier  in  respect  of  property 
which  it  accepts  improperlv  packed  or 
crated.  29  L.R,A.(N.S,)  1214;  L,R,A 
1915D,  1077. 

Effect  of  misrepresentation  as  to  character, 
quantity,  or  value  of  goods  by  shipper 
on  his  right  to  recover  for  loss.  23 
L.R.A. (N.S.)   745;  i;..R.A.1915A,  502. 

Right  of  consignee  who  refuses  to  accept 
goods  to  maintain  action  for  damages 
against  carrier.    30  L.R.A. (N.S.)    1071. 

Liability  of  carrier  for  toss  or  damage  to 
goods  while  being  returned  to  shipper. 
22  L.R.A.  (N.S.)   945. 

Carrier's  duty  to  hasten  shipment  or  take 
other  precautions  to  prevent 
loss  threatened  without  any 
antecedent  fault  on  its  part. 
39  L.R.A.(N.S.)    640. 

Right  of  shipper  or  consignee,  as  against 
carrier,  to  refuse  to  accept  goods  dam- 
aged while  in  carrier's  hands,  25 
L,R,A,(N.S,)  842;  42  L.R.A.  (N.S.) 
783. 

Effect  of  strike  on  carrier's  liability  for 
destruction  of  property,    25  L,R,A.  623, 

Constitutionality  of  legislation  affecting 
amount  of  liability  or  penalty  for  de- 
struction of  freight,  20  L.R,A,(N,S,) 
126. 

Burden  of  proof  as  to  negligence  where 
property  was  destroyed  while  in  pos- 
session of  a  carrier  as  a  warehouse- 
man.    22   L.R.A. (N.S.)    975, 


194 


INDEX  TO  L.R.A.  NOTES. 


CARRIERS,  IV.  d— cont'd 

Liability  for  interest  on  amount  allowed 
for  damage  to  goods.  28  L.R.A.(N.S,) 
19. 

§  111.  By  act  of  God  or  inevitable  ac- 
cident. 

Effect  of,  on  carriers'  contracts,  law  govern- 
ing.    63  L.R.A.  531. 

Snowstorm  as  act  of*  God  which  will  re- 
lieve carrier  from  liability.  24  L.R.A. 
(N.S.)  1209; 

Duty  of  carrier  where  act  of  God  has  oc- 
curred or  is  threatened.  29  L.R.A. 
(N.S.)  671;  L.R.A.1916D,  981. 

Liability  of  carrier  for  damage  to  or  loss 
of  livestock  by  contagious  disease  con- 
tracted during  transit.  26  L.R.A. 
(N.S.)  712. 

Burden  of  proof  when  the  defense  in  an  ac- 
tion to  recover  for  loss  or  injury  to 
goods  during  carriage  is  act  of  God  or 
vis  major.  29  L.R.A.(N.S.)  663;  L.R.A. 
1915D,  547. 

Prior  delay  or  deviation  as  affecting  car- 
rier's liability  for  loss  of  or  damage  to 
goods  from  act  of  God.  L.R.A.1916D, 
988. 

e.  Delivery  to  carrier. 

§112.  What  constitutes. 

Passing  of  title  to  goods  sold  on,  see  Sale, 

§  n. 

What  constitutes  delivery  of  freight  to  car- 
rier. 32  L.R.A.  (N:S.)  313;  L.R.A. 
1916C,  608. 

What  constitutes  delivery  of  live  stock  to 
carrier.      32    L.R.A,(N.S.)    322. 

/.  Delivery  by  carrier;  conversion;  de- 
lay. 

§  113.  Generally. 

Duty  as  to  delivery  of  packages  by  express 
company.    33  L.R.A.  66. 

Delivery  by  express  agent  to  addressee  and 
collection  of  price  of  intoxicating  liquor 
sent  C.  0.  D.  as  sale  thereof  by  the 
agent.    2  B.  R.  C.  467. 

Right  of  one  who  is  to  be  notified  of  arrival 
of  goods  consigned  to  another  to  main- 
tain action  against  carrier.  39  L.R.A. 
(N.S.)   309. 

When  goods  deemed  delivered  to  the  con- 
signee before  removal  from  car.  40 
L.R.A.(N.S.)  773. 

Discrimination  by  carrier  as  to  delivery  of 
freight.     12    L.R.A.{N.S.)    510. 

Refusal  of  carrier  to  deliver  goods  as  con- 
version.    50  L.R.A. (N.S.)   1172. 

Duty  of  carrier  to  give  notice  before  sell- 
ing goods  or  otherwise  disposing  of 
them  contrary  to  shipping  directions. 
45  L.R.A.(N.S.)   18. 


§  114.  Place  of  delivery. 

Right  of  shipper  to  demand  a  redelivery  of 

property    at    intermediate    point,  *   15 

L.R.A. (N.S.)   756. 
Duty  to  deliver  car  at  consignee's  place  of 

business.    41  L.R.A.(N.S.)   678. 
Duty  to  shift  or  transfer  cars  after  arrival 

Ht  destination.     L.R.A.1918F,  1087. 
Begfn  ^vith  thUi  booh  on  every  law  question 


CARRIERS,  IV.  f— cont'd 

Right  of  shipper  to  demand  a  redelivery  of, 
or  to  divert,  the  property  at  inter- 
mediate point.     L.R.A.1918B,  79. 

§  115.  To  wliom  delivery  may  be  made 
under  bill  of  lading. 

Goods  deliverablt!  to  order.     38  L.R.A.  358. 
Must   deliver   to    holder    of    bill    of   lading. 

38  L.R.A.  35i). 
Necessity   of  production  of  bill   of   lading. 

38   L.R.A.  359. 
Shipper's  rights.     38  L.R.A.  361. 
Duplicate  bills.     38  L.R.A.  362. 
Shipping  receipts.     38  L.R.A.  3G2. 
Indorsement  required.     38  L.R.A.  363. 
Wrongful  holder.     38  L.R.A.  363. 
Effect   of   order    to   notify    certain    person. 

38  L.R.A.  363. 
Rights  of  true  owner.     38  L.R.A.  364. 
Delivery  on  carrier's  copy.     33  L.R.A.  364 
Incidents  of  delivery.     38  L.R.A.  364. 
Exceptions   in   bills   of   lading.     38   L.R.A. 

365. 
Instructions  for  collections.    38  L.R.A.  365. 
Conflicting  claims.     38  L.R.A.  365. 
Acts  of  third  persons.     38  L.R.A.  365. 
Consignment     to     consignor's     agent.       38 

L.R.A.   366. 

§  116.  Nondelivery  generally. 

Who  may  maintain  action  against  carrier 
for  nondelivery  of  goods  delivered  to 
carrier  by  vendor  for  transportation  to 
purchaser.     22  L.R.A.  427. 

Time  of  notice  to  warrant  special  damages 
for  failure  of  carrier  to  deliver  prop- 
erty.    3  L.R.A. (N.S.)    1111. 

Action  of  public  authorities  under  police 
power  as  defense  of  carrier  for  nonde- 
livery of  freight.  21  L.R.A.  (N.S.) 
731;   28  L.R.A.(N.S.)    139. 

Applicability  in  case  of  nondelivery  of  pro- 
vision in  shipping  contract  requiring 
presentation  of  claim  for  damages.  31 
L.R.A.  (N.S.)    1180. 

Liability  for  interest  on  damages  for  non- 
delivery of  goods     28  L.R.A, (N.S.)   18. 

§  117,  Conversion;    refusal   to  deliver. 

Permitting  unauthorized  inspection  as  con- 
version.    3  L.R.A.  (N.S.)    1130. 

Liability  of  common  carrier  for  conversion 
by  accepting  goods  for  transportation 
from  one  not  the  owner,  18  L.R.A. 
(N.S.)  494;  L.R.A.1918D,  962. 

Refusal  of  connecting  carrier  to  surrender 
freiglit  induced  by  a  mistake  as  to  the 
rate  due,  or  as  to  prepayment  of  char- 
ges, as  a  conversion.  6  L.R.A. (N.S.) 
1048, 

Liability  of  railroad  company  for  malicious 
refusal  of  freight  agent  to  deliver 
freight.     7  L.R.A.(N.S.)   926. 

Liability  of  connecting  carrier  for  detain- 
ing freight  on  account  of  mistake  as  to 
amount  due.     32  L.R.A. (N.S.)    189. 

Valuation  of  property  for  purpose  of  trans- 
portation as  affecting  carrier's  liabil- 
ity where  it  is  embezzled  while  in  its 
possession.     31  L.R.A. (N.S.)    309. 


INDEX  TO  L.R.A.  NOTES. 


165 


CARRIERS,  IV.  f— cont'd 

Valuation  of  property  for  purposes  of  trans- 
portation as  arfecting  carrier's  liability 
where  the  property  is  converted.  31 
L.R.A.(N.S.)   309;  L.R.A.1918A,  756. 

When  tender  of  freight  money  not  condition 
of  conversion  by  carrier's  refusal  to 
surrender  goods."   6  L.R.A.  (N.S.)   1058. 

Payment  or  tender  of  freiglit  charges  as 
a  condition  precedent  to  an  action  of 
trover  against  carrier.     21  L.R.A.  117. 

§  118.  Notice  of  arrival;  termination 
of  liability. 

Conflict  of  laws  as  to.     63  L.R.A.  531. 

What  is  a  reasonable  time  for  removal  of 
goods  by  consignee,  after  which  the  lia- 
bilitv  of  the  carrier  as  such  terminates. 
8  L.R.A. (N.S.)  240;  16  L.R.A. (N.S.) 
935;    25  L.R.A.  (N.S.)    938. 

Termination  of  carrier's  liability  as  such 
as  affected  by  its  fault  preventing  re- 
moval  of  goods.     S   L.R.A.  (N.S.)    235. 

Right  of  carrier  to  terminate  its  responsi- 
bility as  warehouseman.  9  L.R.A. 
(N.S.)    577. 

Termination  of  liability  of  carriers  of  live 
stock  as  to  pens  or  vards  at  stations. 
44  L.R.A.  292. 

■Duty  of  express  company  witli  respect  to 
property  awaiting  delivery  at  destina- 
tion.    14  L.R.A.  (N.S.)   393. 

Necessity  of  notice  of  arrival  of  goods  to 
reduce  liability  of  carrier  to  that  of 
warehouseman.'     18    L.R.A. (N.S.)    427. 

Agreement  or  custom  of  carrier  to  notify 
consignor  of  consignee's  refusal  to  pay 
freight.     L.R.A.1917C,  1127. 

Absence  of  consignee,  lack  of  address,  or 
other  similar  circumstances,  as  excus- 
ing performance  of  carrier's  duty  to 
give  notice  of  arrival.  26  L.R.A.  (N.S.) 
572. 

Delegation  by  legislature  of  power  to 
change  carrier  into  warehouseman.  32 
L.R.A.  (N.S.)  651. 

§   119.  Misdelivery;  wrongful  delivery. 

Duty  of  carrier  to  recognize  demands  of 
stranger  on  property  delivered  to  it  for 
transportation.      12    L.R.A. (N.S.)    254. 

Liability  of  carrier  for  property  removed 
by.  or  delivered  to,  one  whom  it  was  di- 
rected to  notify.     4  L.R.A. (N.S.)    1056. 

Applicability  in  case  of  misdelivery  of  pro- 
vision in  shipping  contract  requiring 
presentation  of  claim  for  damages.  31 
L.R.A.(N.S.)    1179. 

§   12  0.  — delivery   to  impostor. 

General  rule  as  to  delivery.     37  L.R.A.  177. 
Imposition  on  carrier.     37  L.R.A.  379. 
Imposition  on  consignor.    37  L.R.A.  180. 

§   121.  Delay. 

Extent  of  recovery  for,  see  Damages,  §  47. 

Duty  of  carrier  to  take  precautions  to  pre- 
'vent  loss  from.  39  L.R.A. (N.S.)  640, 
64a,  644. 

Conflict  of  laws  as  to  contract  as  to  delay 
at    destination.      18    L.R.A. (N.S.)    882. 

Consult  also  L.R.A    Digests  of  Cases. 


a\RRIERS,  IV.  f— cont'd 

Effect  of  strike  on  carrier's  liability  for 
delav  in  transportation.  35  L.R.A. 
624." 

Effect  of  strike  on  carrier's  liability  for 
delay  in  unloading  vessel.  35  L.R.A. 
630. 

Of  carrier  in  transportation  of  corpse.  38 
L.R.A.  (N.S.)     433. 

Delay  in  transportation,  due  to  inadequate 
facilities.  10  L.R.A.  (N.S.)  432;  34 
L.R.A.  (N.S.)    637. 

Right  of  consignee,  as  against  carrier,  to 
reject  consignment  for  delay.  12 
L.R.A.(N.S.)  431. 

Liability  for  delay  due  to  initial  carrier's 
own  negligence  or  breach  of  contract. 
31  L.R.A. (N.S.)   82. 

Prior  delay  as  affecting  carrier's  liability 
for  loss  or  damage  by  act  of  God. 
L.R.A.1916D,  988. 

Effect  of  deviation  on  rights  and  obliga- 
tions arising  from  stipulation  against 
liability  for  delay.     8  B.  R.  C.  616. 

Action  of  public  authorities  under  police 
power  as  defense  to  carrier  for  delav 
of  freight.  21  L.R.A. (N.S.)  731;  28 
L.R.A.(N.S.)    139. 

Legislative  requirements  as  defense  to  car- 
rier for  delay  in  transportation. 
31  L.R.A.  (N.S.)    1184. 

Constitutionality  of  legislation  affecting 
amount  of  liability  or  penalty  for  de- 
lay in  deliverv  or  for  destruction  of 
freight.    20  L.R.A. (N.S.)   126. 

Right  to  interest  on  damages  for  delay.  28 
L.R.A.(N.S.)  20. 

Right  of  shipper  or  consignee,  as  against 
carrier,  to  refuse  to  accept  goods  de- 
layed while  in  its  hands.  42  L.R.A. 
(N.S.)  782. 

Provision  exempting  from  liability  for  loss 
by  delay  as  covering  loss  caused  by 
negligence.     6  B.  R.  C.  131. 

g.   TAens;  freiglit  charges. 

§   122.  Generally. 

Governmental  control  of  rates,  see  infra, 
§§  154-160. 

Right  of  mortgagee  of  ship  as  to  freight. 
4  B.  R.  C.  538. 

Recovery  back  of  excessive  payments  made. 
18  L.R.A. (N.S.)   124. 

Purchaser's  election  to  rescind  for  breach 
of  warranty  as  affecting  recovery 
against  seller  for  freight  paid.  27 
L.R.A.(N.S.)    928. 

Discrimination  by  requiring  prepayment  of 
freight  charges.     21   L.R.A. (N.S.)    982. 

Payment  or  tender  of  freight  charges  as 
condition  precedent  to  action  of  trover 
against  carrier.     21  L.R.A.  117. 

When  tender  of  freight  money  not  condition 
of  conversion  by  carrier's  refusal  to 
surrender  goods.     6  L.R.A. (N.S.)   1058. 

r.iability  of  connecting  carrier^  for  detain- 
ing freight  on  account  of  mistake  as  to 
the  amount  due.  6  L.R.A. (N.S.)  1054; 
32   L.R.A.(N.S.)    189. 


166 


INDEX  TO  L.R.A.  NOTES. 


CARRIERS,  IV.  g— cont'd. 

Refusal  of  connecting  carrier  to  surrender 
fn-iylit  induced  by  mistake  as  to  rate 
due  or  as  to  prepayment  of  charges,  as 
a  conversion.     6  L.R.A.(N.S.)    1048. 

Effect  of  deviation  on  carrier's  right  to 
freight.    2  B.  R.  C.  Oil. 

Liability  of  carrier  for  increased  freight 
rates  resulting  from  deviation.  L.R.A. 
1918A,  1064. 

Carrier's  charges  based  upon  extra  trans- 
l)ortation  of  goods  rendered  necessary 
by  carrier's  own  fault  or  mistake. 
L.R.A.1917D,  920. 

Additional  charge  for  transit  privilege. 
L.R.A.1918A,  184. 

Method  of  paying  freight  charges  where 
transit  privilege  is  granted.  L.R.A. 
191SA,  184. 

Right  of  carrier  having  line  haul  to  make 
extra  charge  for  switching  or  spotting 
cars  at  terminals  or  sidetracks.  L.R.A. 
1918A,  164. 

Liability  of  consignor  for  freight.     L.R.A. 
1917A,  665. 
Upon    refusal    of    consignee    to    accept 
goods.     52  L.R.A.(N.S.)   398. 

Right  of  carrier  to  recover  difference  be- 
tween rate  charged  shipper  and  proper 
rate.    49  L.R.A.(N.S.)   92. 

§  12.3.  Lien. 

Maritime  lien  for  freight.  70  L.R.A.  358, 
308. 

Lien  for  demurrage.     3  L.R.A.  (N.S.)    327. 

Maritime  lien  for.     70  L.R.A.  358,  374. 

Waiver  of  lien  of,  by  attachment  or  execu- 
tion.    50  L.R.A.  721. 

h.  Carrying  live  stoclc, 

§  124.  Generally. 

Personal  injury  to  drover,  see  supra,  §  57. 
Limitation  of  liability,  see  infra,  IV.  i. 

Constitutionality  of  statute  fixing  minimum 
rate  of  speed  at  which  carrier  may 
transport  livestock.  26  LJR.A.(N.S.) 
1018;  L.R.A.1917C,  142. 

Validity  and  construction  of  statutes  as 
to  transportation  of  infected  animals 
from  other  states  or  communities.  43 
L.R.A.  (N.S.)   1068. 

Is  carrier  an  insurer  of  live  stock  trans- 
ported by  it.     18  L.R.A.(N.S.)   86. 

What  constitutes  delivery  of  live  stock  to 
carrier.     32  L.R.A. (N.S.)    322. 

Carrier's  liability  for  injury  to  live  stock 
by  weather  conditions.  34  L.R  A 
(N.S.)  1013. 

Duty  of  carrier  to  hasten  shipment  or  take 
other  precaution  to  prevent  loss 
to  live  stock  threatened  without 
any  antecedent  fault  on  its  part. 
39  L.R.A.(N.S.)   640. 

Liability  for  loss  or  damage  to  live  stock 
shipments  due  to  initial  carrier's  own 
negligence  or  breach  of  contract.  31 
L.R.A. (N.S.)  81. 

Liability  of  carrier  for  damages  to  live- 
stock because  of  defects  in,  or  improper 
condition  of,  car.     L.R.A.1917C,  512. 

Liability  of  a  carrier  for  injury  or  damage 
inflirtcd    liy    an    animal    which    escapes 

Begin  with  this  book  on  every  law  que 


CARRIERS,  IV.  h— cont'd 

from    its    custody  .or   control.     I/.R.A. 

1915D,  564. 
Liability  of  carrier  for  suffocation  of  live 

stock.     43  L.R.A.(N.S.)   617. 
Effect    of    sliipper's    negligence    in    loading 

car  or  as  to  condition  of  car  upon  the 

carrier's  common-law  liability.     L.R.A. 

1915C,  1222. 
Reasonableness  of  time  fixed  in  contract  of 

shipment  of   livestock   for  presentation 
.  of  claim  for  damages.     7  L.R.A.  (N.S. ) 

1041;    L.R.A.1916D,  341. 
Reasonableness  of  time  fixed  in  a  contract 

of  shipment  of  live  stock  for  bringing 

action.     L.R.A.1916D,  350. 
Removal     of     live     stock     from     carrier's 

premises    before    notice    of    claim    for 

damages  where  such  notice  is  given  in 

time     for     examination.       24      L.R.A. 

(N.S.)   866. 
Burden  of  proof  as  to  injury  to  live  stock 

during  transportation.     17   L.RA.   339. 
Presumption  and  burden  of  proof  as  to  car- 
rier's   negligence    in    case    of    contract 

limiting    liability.      L.R.A.1915D,    649, 

658. 
Liability    for    interest    on   amount   allowed 

for  damage   to  live  stock.     28   L.R.A. 

(N.S.)    19. 

§  125.  Stock  pens  and  yards. 

Duty   of   carrier   of   live   stock   to   provide 
stock  pens  or  yards.     44  L.R.A.  289; 
L.R.A.1918C,  539. 
Duty   of   carrier   as    to   condition   of   stock 
pens.     44   L.R.A.   289-    10   L.R.A. 
(N.S.)  571. 
To  caretaker  of  stock.    10  L.R.A. (N.S.) 
576. 
Discrimination   in   delivering   live   stock   to 

stock   yards.     2   L.R.A. (N.S.)    511. 
Stock  pens  as  a  nuisance.     32  L.R.A. (N.S.) 
375. 

§  126.  Caring  for,  during  transit. 

Extraordinary   unloading   of    live    stock    in 

transitu.     14  L.R.A.  550. 
Statutory   duties   of   carriers   of   live   stock 
with  reference  to  care  of  stock  dur- 
ing transportation.    44  L.R.A.  449. 
Duty  of  carrier  to  shower  hogs  during  ship- 
ment.    16  L.R.A.(N.S.)    883. 
Duty  of  carrier  to  furnish  bedding  for  live- 
stock.    23   L.R.A.(N.S.)    278. 

§  12  7.  Communication  of  disease  to. 

Liability  of  carrier  for  damage  to  or  loss 
of  live  stock  by  contagious  disease  con- 
tracted during  transit.  26  L.R.A. 
(N.S.)   712. 

i.   Limitation  of  liability. 

§  128.  Generally. 

As  to  passengers  generally,  see  supra,  §§>28, 

29. 
As  to  baggage,  see  supra,  §  91. 
Matters  affecting  commerce,  see  Commekce, 

§  9. 
Conflict   of   laws   as   to,   see    Conflict   of 

Laws,  §  10. 
Limited  liability  of  carriers  by  water,  see 

Shipping,  §  20. 
ction. 


INDEX  TO  L.R.A.  NOTES. 


Ift7 


CARRIERS,  IV.  i— cont'd 

Effect  on  liability  for  damages  to  freight 
because  of  defects  in,  or  improper  con- 
dition of,  car,  of  contract  releasing  or 
reducing  carrier's  liability.  L.R.A. 
1917C,  620. 

Right  to  limit  common-law  liability  by 
contract  in  the  absence  of  negligence. 
]8  L.R.A.  527. 

Provision  relieving  carrier  of  goods  from 
liability  as  extending  to  loss  caused  by 
negligence.     6  B.  R.  0.  124. 

Relief  by  contract  of  carriers  of  live  stock 
from  liability  as  to  pens  or  yards  at 
stations.    44  L.R.A.  295. 

Of  baggage  transfer  company.  34  L.R.A. 
138;  L.R.A.191GD,  12U4. 

Effect  of  limitation  of  liability  in  receipt 
prepared  by  shipper.  28  L.R,A.  (N.S.) 
645. 

Effect  of  deviation  on  rights  and  obliga- 
tions arising  from  special  contract 
limiting  liability.     2  B.  R.  C.  612. 

Validity  of  provision  imposing  responsibil- 
ity of  inspecting  and  selecting  cars  on 
shipper.     36  L.R.A. (N.S.)    412. 

liffect  of  shipping  contract  limiting  car- 
rier's common-law  liability,  signed  un- 
der compulsion.     28  L.R.A.  (N.S.)    637, 

§  129.  In  case  of  dangerous  articles. 

Limitation  of  common  carrier's  duty  and 
liability  in  case  of  dangerous 
articles.     36  L.R.A.  648. 

§   130.  In   case  of  connecting  carriers. 

Conflict  of  laws  as  to  contract  limiting  lia- 
bility beyond  own  line.  18  L.R.A. 
(N.S.)    882. 

Limitation  of  carrier's  undertaking  to  its 
own  line.     31  L.R.A. (N.S.)    52. 

Limitation  of  carrier's  liability  to  its  own 
line.      31    L.R.A.(N.S.)    68. 

Limitation  of  liability  of  terminal  carrier. 
31  L.R.A. (N.S.)  98. 

Express  contracts  extending  or  restricting 
obligation  of  intermediate  carrier.  31 
L.R.A. (N.S.)    92. 

Limiting  liability  on  joint  imdertaking 
between  initial  and  connecting  carriers. 
31  L.R.A. (N.S.)    50. 

Effect  of  stipulation  exempting  carrier  from 
liability  for  losses  not  arising  from  its 
negligence,  where  loss  is  due  to  the 
negligence  of  the  employees  of  a  con- 
necting carrier.     22  L.R.A. (N.S.)    379. 

Effect  of  deviation  on  rights  and  obligations 
arising  from  stipulation  limiting  re- 
sponsibility to  carrier's  own  line.  2 
B.  R.  C.  616. 

§   131.  As  to  amount. 

Conflict  of  laws  as  to.  63  L.R.A.  529;  18 
L.R.A.  (N.S.)   881. 

Extent  of  liability  under  limitation  of  car- 
rier's undertaking  to  its  own  line,  31 
L.R.A. (N.S.)    67. 

Validity  of  stipulation  limiting  carrier's  lia- 
bility to  agreed  valuation  as  affected 
bv  the  Hepburn  act.  28  L.R.A. (N.S.) 
293. 

Consult  also  L.B.A.  Digests  of  Cases. 


CARRIERS,  IV.  i~cont'd 

Valuation  of  property  for  purposes  of  trans- 
portation as  aliecting  carrier's  liabil- 
ity where  it  is  converted  or  embezzled 
while  in  its  possession.  31  L.K.A. 
(N.S.)    309;   L.R.x\.1918A,  756. 

Validity  and  efiect  of  provision  in  carrier's 
contract  as  to  time,  method,  or  place 
of  valuation  of  property  for  purpose  of 
determining  amount  of  damages.  L.R.A. 
1918B,  720. 

Effect  of  deviation  on  rights  and  obligations 
arising  from  stipulation  limiting 
amount  for  which  carrier  is  liable,  '^ 
B,  R,  C,  617, 

§  132.  — in  case  of  negligence. 

±*ower  to  limit  amount  of  liability  in  cases 
of  negligence.     14  L.R.A.  433, 

Limiting  valuation  of  property  as  affecting 
amount  of  recovery  lor  loss  by  negli- 
gence,    1  L.R.A.    (N.S.)    985. 

§  133.  As  to  time  of  giving  notice  or 
commencing   suit. 

Reasonableness  of  the  time  iixed  in  a  con- 
tract of  shipment  of  live  stock  for  pres- 
entation of  claim  for  damages.  7 
L.R.A. (N.S.)    1041;    L.R,A.1916D,   341. 

Reasonableness  of  tlie  time  ttxed  in  a  con- 
tract of  shipment  of  goods  or  live  slock 
for  bringing  action.     L.R.A.1916D,  350. 

Waiver  or  extension  of  time  stipulated  in 
carrier's  contract  for  claim  or  suit 
against  carrier.     L.R.A.1916D,  1049. 

Validity  of  stipulation  in  carrier's  contract 
requiring  notice  of  loss  within  a  speci- 
fied time,  as  applied  to  loss  due  to  car- 
rier's negligence.     17  L,R.A.  (N.S,)  628. 

Validity  of  contract  limiting  time  for  bring- 
ing action,  or  for  presentation  of 
claims,  for  damages,  where  statute  or 
Constitution  prohibits  carrier  from 
limiting  its  common-law  liability,  13 
L,R.A.(N.S.)   753, 

Removal  of  live  stock  from  carrier's  premi- 
ses before  notice  of  claim  for  damages, 
where  such  notice  is  given  in  time  for 
examination.     24  L.R,A.(N.S.)    866, 

Effect  of  deviation  on  rights  and  obligations 
arising  from  stipulation  as  to  time  for 
presenting  claim.     2  B.  R,  C,  618, 

Waiver  by  carrier  of  contractual  rights  un- 
der interstate  shipment  as  to  notice  of 
claim  as  an  unlawful  discrimination 
among  shippers,     L.R,A.1918C,  978. 

Conflict  of  laws  as  to  contract  fixing  period 
for  bringing  action  against  carrier,  18 
L,R.A.(N.S.)   883. 

§  13  4.  As  to  necessity  for  notice  of 
claim. 

Conflict  of  laws  as  to  necessity  for  notice 
of    claim.      7    L.R.A.  (N.S.)     191;     18 
L.R.A. (N.S.)   882. 
Notice  of  loss  or  injury  to  goods,  required 
by    carrier's    contract    as    a    condition 
precedent.     17   L.R.A.(N.S.)    642. 
Applicability  in  case' of  misdelivery  or  non- 
delivery  of   provision   in   shipping 
contract   requiring   presentation   of 
claim    for    damages,      31    L.R.A. 
(N,S.)    1178. 


168 


INDEX  TO  L.R.A.  NOTES. 


CARRIERS,  IV.  i— cont'd 
g    jiSo.  I'^.xccpU'd  perils. 

What  constitutes  dai-iage  by  the  elements 
in  contracts  of.     53  L.R.A.  676. 

j.  Duty  as  to  cava. 

§  186.  Generally. 

Condition  of  passenger  cars,  see  supra, 
§§  42,  73,  74. 

Duty  of  carrier  with  respect  to  refrigerator 
•     cars.    10  L.R.A.(N.S.)  317. 

Liability  of  carrier  for  injury  by  failure  to 
adjust  ventilators.  15  L.R.A.(N.S.) 
801. 

KfTect  of  shipper's  negligence  in  loading 
car,  or  as  to  condition  of  car,  upon  the 
carrier's  common-law  liability.  19 
L.R.A.(N.S.)    952;    L.R.A.1915C,   1220. 

Liability  of  carrier  for  damages  to  freight 
because  of  defects  in  or  improper  con- 
dition of  car.    L.R.A.1916C,  510. 

Liability  for  loss  or  damage  due  to  de-> 
fectivo  cars  owing  to  initial  carrier's 
negligence  or  breacli  of  contract.  31 
L.R.A.(N.S.)    81. 

§  187.  Duty  as  to  inspection  and  se- 
lection. 

Duty  of  shipper  to  inspect  car.     17  L.R.A. 

(N.S.)   1034. 
Validity   of  provision   in  carrier's  contract 

imposing     responsibility     of     inspectng 

and   selecting   cars   upon    shipper.      36 

L.R.A. (N.S.)   412. 

§  188.  liiability  for  personal  injury 
due  to  condition  of  cars. 

Duty  of  consignor  or  consignee  to  his  em- 
ployees as  to  condition  of  car.  14 
L.R.A.(N.S.)  972;  45  L.R.A.(N.S.)  707. 

Liability  of  carrier  to  employee  for  injuries 
by  defectively  loaded  car.  13  L.R.A. 
(N.S.)    384;   49  L.R.A.(N.S.)    1011. 

I.iability  of  carrier  for  personal  injuries  to 
consignor  or  consignee  or  their  em- 
ployees, caused  by  unsafe  car.  9  L.R.A. 
(N.S.)   857. 

§  139.  Duty  as  to  furnishing. 

.Matters  of  interstate  commerce  as  to,  see 
Commerce,  §  10. 

Duty  of  a  railroad  company  to  furnish  cars 
to  shippers.     43  L.R.A.  225. 

Genernl  or  statutory  dutv.  43  L.R.A. 
225;  8  L.R.A.(N.S.)  108;  44  L.R.A. 
(N.S.)  643. 

Contraci.  duty.     43  L.R.A.  227. 

As  aflected   by  strike.     35   L.R.A.  623. 
.Mutiality   of   contract   to   furnish   cars   to 

shipper.     13  L.R.A. (N.S.)   164. 
Liability    for    delay    in    transportation    of 

freight  due  to  inadecaiate  facilities.     10 

L.R.A.(N.S.)   432. 
State  regulations  requiring  carriers  to  fur- 
nish  cars   to  shippers   as   interference 

with    interstate   commerce.      17   L.R.A. 

(N.S.)    364;   29  L.R.A. (N.S.)    802;    42 

L.R.A.(N.S.)  984. 
Right  of  state  to  require  railroad  company 

to  equip  its  road.    13  L.R.A.(N.S.)  320. 
Begin  xcith  this  boolc  on  every  laiv  qtiestion. 


CARRIERS,  IV.  j— cont'd 

Right  of  carrier  to  discriminate  in  distribu- 
tion of  ears.  8  L.R.A. (N.S.)  112;  44 
L.R.A. (N.S.)    648;  L.R.A.1918D,  274. 

Discrimination  as  to  facilities  for  loading 
and  unloading  cars.  12  L.R.A. (N.S.) 
508. 

Exclusiveness  of  statutory  remedy  for  fail- 
ure to  furnish  cars.  26  L.R.A. (N.S.) 
851. 

Validity  of  penalty  for  failure  to  furnish 
freight  cars.     15  L.R.A.  (N.S.)    733. 

Loss  of  profits  because  of  inability  of  ship- 
per to  fulfil  contract  for  sale  of  goods 
as  element  of  damages  for  carrier's 
breach  of  contract  to  furnish  cars.  26 
L.R.A.(N.S.)  1191. 

Which  party  is  to  furnish  under  contract 
to  ship  goods  f.  o.  b.  62  L.R.A.  797; 
6L.R.A.(N.S.)  928;  L.R.A.1917A,  1163. 

§  140.  — kind  of  car  to  be  furnislied. 

Duty  of  carrier  to  furnish  car  adapted  to 
the  subject  of  the  shipment.  18  L.R.A. 
(N.S.)   508. 

Duty  of  carrier  to  furnish  cars  of  a  type 
not  owned  by  it.    20  L.R.A. (N.S.)   310, 

fc.  Demurrage ;  delay  in  unloading. 

§   141.  Generally. 

Jurisdiction  of  admiralty  as  to.  66  L.R.A. 
226. 

Demurrage;  charge  for  detention  of  its 
cars  by  consignees.     22  L.R.A.  530. 

Lien  for   demurrage.     3   L.R.A. (N.S.)    327. 

Maritime  lien  for  demurrage.  70  L.R.A. 
358,  374. 

Power  of  state  as  to  demurrage  charges  on 
interstate  shipments.  30  L.R.A. (N.S.) 
137. 

Effect  and  construction  of  express  provision 
in  charter  party  against  demurrage  in 
case  of  strike,  'o  L.R.A.(N.S.)    126. 

Delay  in  unloading  caused  by  strike.  35 
L.R.A.  630. 

Delegation  by  legislature  to  railroad  com- 
mission of  power  as  to  reciprocal  de- 
murrage charges.    32  L.R.A. (N.S.)  652. 

Liability  of  shipper  for  demurrage  upon  re- 
fusal of  consignee  to  accept  goods.  52 
L.R.A.(N.S.)    398. 

Agreement  or  custom  of  carrier  to  notify 
consignor  of  consignee's  refusal  to  ac- 
cept goods  or  pay  freight.  L.R.A. 
1917C,  1127. 

Right  of  railroad  to  charge  storage  or  de- 
murrage where  the  refusal  to  remove 
the  goods  is  due  to  a  dispute.  L.R.A. 
1917C,  419. 

I,  Connecting  carriers;  liability  beyond 
own  line. 

§142.  Generally. 

Matters  as  to  interstate  commerce,  see  Com- 
merce, §  6. 

Position  of  employees  of  servants  working 
for  connecting  carriers.     37  L.R.A.  64. 

Refusal  of  connecting  carrier  to  surrender 
freight  induced  by  mistake  as  to  rate 
due  or  as  to  prepayment  of  charges  as 
a  conversion.     6  L.R.A. (N.S.)   1048. 


INDEX  TO  L.R.A.  NOTES. 


169 


CARRIERS,  IV.  1— cont'd 

Liability  of  connecting  carrier  for  detaining 

freiglit  on  account  of  mistake  as  to  the 

amount    due.        6    L.R.A.(N.S.)     1054; 

32  L.R.A.(N.S.)   189. 
Duty  of  connecting  carrier  to  know  contract 

made    by    initial    carrier.      52    L.R.A. 

(N.S.)   858. 

§   143.  Liability  for  loss. 

In  case  of  passengers,  see  supra,  §  98. 
■  Limitation  of  liability,  see  supra,  §  130. 

Liability  as  between  initial  and  connecting 
carriers  for  damages  to  freight  because 
of  defects  in,  or  improper  condition  of, 
car.     L.R.A.1917C,  525. 

Conflict  of  laws  as  to  liability  beyond  own 
line.     18  L.R.A. (N.S.)    882. 

Effect  of  strike  on  connecting  line  on  car- 
rier's, liability.     35   L.R.A.   G29. 

Liability  of  connecting  carrier  for  loss  be- 
yond its  own  line.  31  L.R.A. 
(N.S.)    1. 

Liability  of  carrier  of  property  for  loss  oc- 
curring on  connecting  line,  but  due  to 
its  own  negligence.  19  L.R.A. (N.S.) 
1012. 

Liability'  of  initial  carrier  for  loss  or  dam- 
age occurring  while  goods,  the  subject 
of  an  interstate  shipment,  are  in  pos- 
session of  |,erminal  carrier  as  ware- 
houseman.    L.R.A.1918B,  63L 

State  statutes  regulating  tlie  liability  of 
carriers  as  to  shipments  over  connect- 
ing lines  as  interference  with  inter- 
state  commerce.     7   L.R.A. (N.S.)    388. 

•n.     Transporting     intoxicating    liquor. 

§144.  Generally. 

Liability  of  carrier  for.     46  L.R.A.  417. 
What    is   suflicient   to   terminate   interstate 
transportation    of    intoxicating   liquors. 

11  L.R.A.  (N.S.)    550;   23  L.R.A.  (N.S.) 
1020;   29  L.R.A. (N.S.)    745. 

Duty  of  carrier  to  accept  liquor  for  trans- 
portation to  points  where  its  sale  is 
proliibited  or  restricted.  40  L.R.A. 
(N.S.)    798;  45  L.R.A.  (N.S.)   120. 

Ignorance  of  contents  of  package  as  defense 
to  carrier  in  prosecution  for  transport- 
ing intoxicating  liquor  into  prohibition 
territory.      3  8    L.R.A. (N.S.)    1182. 

n.    Insurance. 
§   14  5.  Generally. 

o.  Taxation  of  freight. 

§   116.  Generally. 

Stativ  taxation  of  freight  carried  by  inter- 
state carriers.     60  L.R.A.  657.  " 

p.  Penalties. 

§  14  6a.   Generally. 

Penalties  to  enforce  orders  of  Public  Serv- 
ice Commissions.     L.R.A.1918E,  311. 

Validity  of  penalty  for  failure  to  furnish 
freight   cars.    ^15   L.R.A.(N.S.)    733. 

Motive  of  plaintiff  as  affecting  right  to  re- 
cover   statutory    penalty   from    carrier. 

12  L.R.A. (N.S.)   497. 

Constat  also  L.R.A.  Digests  of  Case^. 


CARRIERS,  IV.  p— cont'd 

Effect  of  strike  on  liability  of  carrier  for 
statutory  penalty  for  refusal  to  re- 
ceive goods  offered  for  shipment.  22 
L.R.A.  (N.S.)    1200. 

Constitutionality  of  legislation  affecting 
amount  of  liability  or  penalty  for  delay 
in  delivery  or  for  destruction  of  freight. 
20   L.R.A. (N.S.)    126. 

Constitutionality   of   statute   imposing   pen- 
alty  or   added   liability   for   failure   to 
pay   claim.      15   L.R.A. (N.S.)    992;    42      * 
L.R.A. (N.S.)    106;  L.R.A.1917B,  926. 

V.  Governmental  control;  rates;  dis- 
crimination; duty  as  to  stopping 
places.  ^ 

a.  In  general. 

§   14  7.  Generally. 

As  to  matters  affecting  interstate  com- 
merce, see  Commerce,  §§  4-12. 

As  to  regulation  of  public  service  corpora- 
tions generally,  see  Public  Service 
Corporations. 

Compulsory  service  of  carriers.  15  L.R.A. 
321;  24  L.R.A.  564. 

Municipal  regulation  of  the  carriage  of  pas- 
sengers by  street  railroads.  19  L.R.A. 
570. 

Validity  of  ordinance  requiring  conductor 
on  street  car.     15  L.R.A.  604. 

Constitutionality  of  statute  making  bill  of 
lading  conclusive  proof  of  the  receipt 
of  property.     22   L.R.A. (N.S.)    821. 

Constitutionality  of  statute  which  makes 
shipper's  statement  as  to  weight  con- 
clusive.    L.R.A.1917E,   1022. 

State  legislation  requiring  heating  of  cars. 
42  L.R.A.  110. 

Requiring  passenger  to  put  coin  in  box  or 
automatic  registering  device.  32  L.R.A. 
(N.S.)    695. 

Constitutionality  of  legislation  affecting  the 
amount  of  liability  or  penalty  for  de- 
lay in  delivery  or  for  destruction  of 
freight.     20  L.R.A.  (N.S.)    126. 

Constitutionality  of  statute  imposing  pen- 
alty or  added  liability  for  failure  to  pay 
claim.  15  L.R.A. (N.S.)  992;  42  L.R.A 
(N.S.)   106;  L.R.A.1917B,  926. 

Right  of  common  carrier  to  contract  for  the 
use  of  its  cars  for  advertising  purposes 
24  L.R.A.(N.S.)    ]010. 

Constitutionality  of  statute  requiring  car 
rier  to  sell  tickets  good  on  connectin" 
line.     42  L.R.A. (N.S.)  541. 

Requiring  connection  or  joint  use  of  prop-       • 
erties  of  railroaJ   companies  as  a  tak- 
ing   for    which    compensatitm    must    be 
made.      50    L.R.A. (N.S.)     652;    L.R.A. 
1916E,  759;   L.R.A.1917E,  1083. 

Full  crew  acts.     49  L.R.A.  (N.S.)   977. 

Power  to  prohibit  smoking  in  street  cars. 
51  L.R.A.(N.S.)   562. 

Regulation  of  temperature  of  cars.  L.R.A. 
1915F,   792. 

Constitutionality  of  statute  requiring  un- 
occupied upper  berth  to  be  left  closed. 
L.R.A.1916A,  1139. 


no 


INDEX  TO  L.R.A.  NOTES. 


CARRIERS,  V.  a— cont'd 

Validity  of  regulations  l>y  public  concerning 
tlie  maniu-r  of  using  tickets  or  mileage 
books.     L.R.A.1915K,  H02. 

State  regulations  requiring  carriers  to  fur- 
nish cars  to  shippers  as  interference 
with  interstate  commerce.  17  L.R.A. 
(N.S.)  364;  19  L.R.A.(N.S.)  866;  29 
L.R.A.  (N.S.)  802;  42  L.R.A.  (N.S.) 
984;  1  B.  R.  C.  442. 

Legislative  requirements  as  defense  to  car- 
rier for  delay  in  transportation.  31 
L.R.A.(N.S.)    1184. 

Delegation  by  legislature  of  power  to  regu- 
late carriers.     32  L.R.A. (N.S.)  639. 

§  148.  Ji^onflnlng  sale  of  tickets  to 
agents. 

Assignability  of  tickets,  see  supra,  §  21. 

Statutes  against  ticket  brokerage  or  "scalp- 
ing."   24  L.R.A.  152. 

Injunction  against  dealing  in  nontransfer- 
able railroad  tickets.  10  L.R.A. (N.S.) 
437. 

Constitutionality  of  anti-scalping  legisla- 
tion. 3  L.R.A.{N.S.)  558;  4  L.R.A, 
(N.S.)  480. 

§  149.  Compulsory  connection  with 
side  track. 

Power  to  compel  railroad  to  build,  main- 
tain, or  connect  with,  side  tracks  for 
accommodation  of  shippers.  28  L.R.A. 
(N.S.)  1013;  L.R.A.1915E,  682;  L.R.A. 
1918B,  795. 

b.  Discrimination. 

§   150.  Generally. 

Is  shipper's  common-law  right  of  action  for 
discrimination  by  carrier  taken 
away  bv  statute  on  the  subject. 
45  L.R.A. (N.S.)    612. 

Right  of  carrier  to  discriminate  as  to.  tele- 
graph and  telephone  companies.  12 
L.R.A. (N.S.)    507. 

Right  of  railroad  to  discriminate  as  to 
wharf  privileges.  12  L.R.A. (N.S.)  509; 
43  L.R.A. (N.S.)   965. 

Validity  of  monopoly  or  special  privilege 
granted  to  third  persons,  of  providing 
facilities  to  shippers  at  place  of  ship- 
ment or  destination.  L.R.A.1915C, 
250. 

Discrimination  by  carrier  as  to  facilities 
for  loading  and  unloading  cars.  12 
L.R.A.(N.S.)   508. 

Right  of  carrier  as  to  furnishing  equal  con- 
necting facilities  to  different  carriers. 
12  L.R.A. (N.S.)   513. 

§  151.  Between  express  companies. 

Right  of  railroad  to  give  exclusive  or  prefer- 
ential facilities  to  an  express  company 
for  express  business.  5  L.R.A. (N.S.) 
783. 

Duty  of  railroad  company  to  give  equal 
facilities  to  express  companies.  18 
L.R.A.  .303. 


CARRIERS,  V.  b— cont'd 

§  152.  Between  liackmen,  etc. 

Discrimination  as  to  liackmen  aiul  otlier 
solicitors  of  patronage  at  depots, 
wharves,  etc.  ]3  L.R.A.  48;  L.R.A, 
1915B,  .358. 

Right  of  carrier  to  grant  exclusive  train 
privilege  to  baggage  or  passenger  trans- 
fer companies.  32  L.R.A.(N.S.)  1181; 
L.R.A.1917r,  1085. 

Right  to  discriminate  between  liackmen  and- 
other  solicitors  of  patronage  at  depots. 
16  L.R.A. (N.S.)  777. 

Right  to  exclude  undesirable  liackmen,  dray- 
men, etc.,  from  depot.  39  L.R.A. (N.S.) 
126. 

Remedy  by  injunction  for  unlawful  dis- 
crimination by  railroad  against  hack 
driver.     8  L.R.A. (N.S.)    1027. 

§  153.  Between  passengers  or  shippers. 

As  to  r&tes,  see  infra,  §  159. 

Right  of  company  to  discriminate  as  to  pas- 
sengers.    5  L.R.A.  818;'  18  L.R.A.  105. 
Against  colored  persons.     18  L.R.A.  639. 
Right  of  carrier  at  common  law  to  discrim- 
inate between  shippers.  .  18  L.R.A.  105, 
Liability  of  lessor  of  railroad  for  discrimi- 
nation by  lessee  against  shippers.     40 
L.R,A,(N.S.)   519. 
As  to  pens  and  yards  for  live  stock  at  sta- 
tions.   44  L.R.A.  296. 
Discrimination   in  furnishing  cars  to  sliip- 
pers.     8   L.R.A. (N.S,)    112,   44   L.R.A. 
(N.S.)   648;  L.R.A.1918D,  274. 
Right    of    carrier    to    discriminate    as    to 
special    or    unusual    service.      12 
L.R,A,(N.S,)    506. 
Discrimination  as  to  facilities  for  load- 
ing and  unloading  cars.     12  L.R.A. 
(N.S.)    508. 
Right  to  equal  wharfage  facilities.     12 
L.R,A,(N.S.)  509;  43  L.R.A.(N.S.) 
965. 
Furnishing    site    for    elevator    to    one 
shipper   as   discriminating   against 
others.     12  L.R.A. (N.S.)   509. 
Discrimination  as  to  delivery  of  freight. 

12  L.R.A. (N.S.)    510. 
Discrimination  in  delivering  live  stock 
to   stock   yards.      12    L.R.A.  (N.S.) 
511. 
Discrimination    as    to    transit    privileges. 

L.R.A.1918A,  185. 
Waiver  by  carrier  of  contractual  rights  un- 
der  interstate    shipments  as   unlawful 
discrimination  among  shippers.     L.R.A. 
1918C,  978. 
Agreement  or  custom  of  carrier  to  notify 
consignor  of  consignee's  refusal  to  ac- 
cept goods  or  pay  freight  as  an  unlaw, 
ful  discrimination.     L.R.A.1917C,  1127. 
Discrimination  by  requiring  prepayment  of 
freight  charges.     21  L.R.A.  (N.S.)    982. 

c.   Rates;  rebates. 


§  154.  Generally. 

Rates   as   affected   by    interstate   commerce 
»     •        j.^  .^ .    ^     ,  ^^*'  see  Commerce,  •§§  4-12. 

Begin  with  this  book  on  every  law  qttestion. 


INDEX  TO  L.R.A.  NOTES. 


171 


CARRIERS,  V.  c— cont'd 

lucorpoiation  of  territory  into  municipal- 
ity as  affecting  existing  contract  of 
carrier  as  to  rates  in  that  territory. 
L.R.A. IDIGA,  1071. 

When  rates  by  penal  statute  are  sufficiently 
definite  and  certain.     33  L.R.A.  209. 

Kocovery  back  of  excessive  freight  paid.  18 
L.R.A.  (N.S.)    124. 

Suits  to  restrain  enforcement  of  carrier 
rates  as  suit  against  the  state.  44 
L.R.A.(N.S.)   215. 

Right  of  state  to  maintain  action  to  recover 
excess  rates  or  charges  exacted  of  in- 
dividuals by  carrier      L.R.A. 1916C,  336. 

Right  of  attorney  general  or  other  repre- 
sentative of  state  to  maintain  action 
to  enforce  or  prevent  violation  of  statu- 
tory regulations  affecting  rates,  etc. 
18  L.R.A. (N.S.)   664. 

Injunction  against  enforcement  of  railroad 
rate  legislation  under  unconstitutional 
statute  as  affected  by  other  remedies. 
8  L.R.A.(N.S.)    124. 

Power  of  state  court  to  pass  on  interstate 
rates.     28  L.R.A. (N.S.)    108. 

Power  of  state  court  to  review  rulings 
of  Interstate  Commerce  Commission. 
L.R.A.1917E,  919. 

Right  of  shipper  where  carrier  negligently 
misquotes  rate  which  has  been  filed  or 
publisliod  as  required  by  statute.  33 
L.R.A. (N.S.)   391. 

Right  of  carrier  having  line  haul  to  make 
extra  cliarge  for  switching  or  spotting 
cars  at  terminals  or  sidetracks.  L.R.A. 
1918A,  164. 

Wliat  constitutes  switching  service.  L.R.A. 
1916D,  455. 

Who  are  within  statutes  or  ordinances  re- 
quiring carriers  to  give  reduced  rates 
to  "pupils"  or  "school  children."  43 
L.R.A.  (N.S.)   172. 

Necessity  of  filing  schedules  affording  tran- 
sit privileges.     L.R.A.1918A,  187. 

§   155.  Power  of  carrier  to  make  spe- 
cial  rates. 

Contract  to  maintain  special  rate  to  a  par- 
ticular locality.     38  L.R.A. (N.S.)    157. 

Contracts  fixing  rates  other  than  those  es- 
tablished in  accordance  with  interstate 
commerce  act.    38  L.R.A. (N.S.)   351. 

Contract  for  transportation  in  violation  of 
particular  statutes.  12  L.R.A.  (N.S.) 
609. 

§   15  6.  Power  to  fix  rates. 

Business  of  carriers  affected  with  a  public 
interest  subjecting  them  to  regulation 
and  control  in  respect  to  rates  or  prices. 
6  L.R.A. (N.S.)    834. 

Legislative  power  to  regulate.  33  L.R.A. 
179. 

Delegation  bv  legislature  of  power  to  fix 
rates.     32   L.R.A. (N.S.)    649. 

Powerof  legislature  to  delegate  to  commis- 
sions the  right  to  fix  rates.  18  L.R.A. 
(N.S.)   713. 

Jurisdiction  of  Public  Utilities  Commission 
over  rates  as  limited  by  constitutional 
or  statutory  power  of  municipality  to 
regulate  utilities.     L.R.A.1918D,  315. 

ConsiiU  also  L.R.A.  Digests  of  Cases. 


CARRIERS,  V.  c— cont'd 

Power  of  Public  Service  Commission  to  regu- 
late commutation  rates.  L.R.A.1918C, 
480. 

Power  of  judiciary  to  fix  rates.  8  L.R.A. 
(N.S.)   529. 

Right  to  raise  rates  of  public  service  cor- 
portation  fixed  by  franchise.  L.R.A. 
1915C,  287. 

Eflect  of  contract  v.ith  patron  to  preclude 
regulation  of  rates.     L.K.A.1915C,  282. 

Regulation  of  fares  charged  by  jitney  buses. 
L.R.A.1916B,  1159;  L.R.A.1918B,  915; 
L.R.A.1918F,  476. 

Municipal  regulation  of  fares  charged  by 
street  railways.     19  L.R.A.  570. 

Power  of  municipality  apart  from  contract 
to  regulate  rates  of  street  railway  com- 
pany. 33  L.R.A.{N.S.)  761;  43  L-KA. 
(N.S.)   994. 

§  15  7.  —  power  to  require  reduced 
rates. 

Right  to  reduce  rates  fixed  by  franchise  or 

charter.     L.R.A.1915C,   261. 
Power   to   require  carriers   to  give  reduced 

rates  to  classes  of  persons.     11   L.R.A. 

(N.S.)   973;  41  L.R.A.(N.S.)   524. 
Power  to  require  carriers  to  transport  per- 
sons in  public  service  at  reduced  rates. 

33  L.R.A. (N.S.)   956. 
Validity    of    statute    requiring    issuance    of 

mileage    books    at    reduced    rates.      7 

L.R.A.  (N.S.)    1086. 
Right  of  municipality  to  contract  for  free 

transportation  or  special  rates  on  street 

cars.     16  L.R.A. (N.S.)   651. 

§  158.  Reasonableness  of  rates. 

Allowance  for  depreciation  in  plant  in  fix- 
ing rates.     38  L.R.A. (N.S.)    1209. 
Elements    entering    into    determination    of 
reasonableness    of     railroad    rates 
prescribed    by   the   state   for   local 
trafiic.      15   L.R.A.  (N.S.)    108;    25 
L.R.A.  (N.S.)    1001. 
Effect  of  fact  that  return  as  a  whole  is  rea- 
sonable on  right  to  require  railroad  to 
transport  commodity  for  less  than  rea- 
sonable     compensation.      L.R.A.1917F, 
1158. 


§   159.  Discrimination  as  to. 

Is  shippers'  common-law  right  of  action  for 
discrimination   by   carrier   taken   away 
by  statute  on  the  subject.     45  L.R.A. 
(N.S.)    612. 
Right  to  discriminate  as  to  rates  on  ma- 
terial to  be  used  for  a  purpose  that 
is    expected    to    increase    carrier's 
business.     L.R.A.1918A,  774. 
Material  to  be  manufactured  into  prod- 
uct whicli  will  be  shipped  over  its 
road.     6  L.R.A.  (N.S.)   225;  L.R.A. 
1918A,  774. 
Giving  of  free  service  or  reduced  rates  to 
governmental    agencies,    cities,    schools, 
school  children,  charities  and  the  like 
as  an  unlawful  discrimination.     L.R.A. 
1918D,  904. 


172 


INDEX  TO  L.R.A.  NOTES. 


CARRIERS,  V.  c— cont'd 

la  pass  issued  as  part  of  consideration  for 
contract  within  statute  proliibiting  free 
transportation  of  passengers  or  dis- 
crimination in  passenger  rates.  ■20 
L.R.A.  (N.S.)  217;  31  L.R.A.  (N.S.) 
667;  L.R.A.1918B,  1116. 

g    160.  Rebates. 

Right  of  carrier  to  grant  rebate  or  allow- 
ance to  shipper  for  use  of  tatter's 
tracks..  26  L.R.A. (N.S.)    551. 

Effect  of  provisions  of  interstate  commerce 
act  against  rebates  upon  contracts  pre- 
scribing rates  less  than  those  estab- 
lished in  accordance  with  the  act.  14 
L.R.A. (N.S.)  400. 

d.  A8  to  stations  and  trains. 

§  161.  Genernlly. 

Grant  of  special  privilege  to  hackmen,  etc., 

at  station,  sec  supra,  §  152. 
As  to  duty  to  passengers  with  respect  to 

station,  see  supra,  §§  45,  46,  48,  70-72, 

94. 

Use  of,  by  hackmen,  etc.     13  L.R.A.  848. 

Right  of  state  or  municipality  to  forbid 
solicitation  of  patronage  at  railway 
stations.  15  L.R.A.(N.S.)  715;  26 
L.R.A.(N.S.)  483;  L.R.A.1917D,  690. 

Power  of  municipal  corporation  to  grant  or 
lease  space  in  street  for  depot.  25 
L.R.A.(N.S.)     404. 

Power  to  compel  establishment  of  stations. 
17   L.R.A.  (N.S.)    821. 

Ck)n6ideration  of  extrinsic  evidence  to  sliow 
unconstitutionality  of  statute  demand- 
ing railroad  to  maintain  a  certain 
station.     L.R.A.1915D,   460. 

Delegation  by  legislature  of  power  to  re- 
quire erection  of  station.  32  L.R.A. 
(N.S.)    650. 

May  railroad  companies  be  required  to  es- 
tablish or  maintain  a  station  that  will 
not  pay  expenses.  26  L.R.A. (N.S.) 
444. 

Power  to  require  establishment  of  union 
station.     L.R.A.1915D,  98. 

Power  of  Public  Service  Commission  to  pre- 
scribe the  character  of  materials  for 
depots.    L.R.A.1918C,  495. 

Power  to  require  carrier  to  keep  agent  at 
station.     46  L.R.A. (N.S.)   242. 

Duty  of  railroad  company  to  install  tele- 
graph or  telephone  in  its  station.  47 
L.R.A.{N.S.)  974. 

Right  to  change  location  of  station.  34 
L.R.A.(N.S.)  412. 

Power  to  compel  change  of  location  of  rail- 
road station.     L.R.A.1915D,  91. 

Consideration  of  entire  return  of  railroad 
company  in  passing  upon  its  duty  to 
operate  a  branch  line  at  a  loss.  L  R  A 
1917F,  1193. 

Power  to  limit  speed  of  interstate  and  mail 

Duty  to  run  street  car  to  end  of  route  in- 
dicated by  sign  thereon.    1  B.  R.  C.  442 


CARRIERS,  V.  d— cont'd 

§   162.  Stopping   of   trains. 

Power  to  compel  stopping  of  trains  at  8t{l- 
tions.  17  L.R.A(N.S.)  821;  29  L.R.A. 
(N.S.)    159;   44  L.R.A.(N.S.)   478. 

Right  to  require  the  stopping  of  interstate 
and  mail  trains.  14  L.R.A. (N.S.)  293; 
29  L.R.A. (N.S.)    159. 

Right  of  municipal  corporation  to  compel 
interurban  cars  to  stop  for  passengers. 
16  L.R.A.fN.S.)   914. 

Delegation  by  legislature  of  power  to  re- 
quire stopping  at  station.  32  L.R.A. 
(N.S.)    650. 


CARRYING    ON    BUSINESS. 

By  foreign  corporation,  see  Cobpobations, 
§§  145-148. 

What  constitutes.     14  L.R.A.  529. 

By    personal    rjapresentative,    testamentary 

trustee,  or  guardian  in  behalf  of  estate, 

40  L.R.A.(N.S.)   201. 

♦-•-♦ 


CARRYING   WEAPONS. 

§  1.  Generally. 

Constitutional  rights  to  bear  arms.  14 
L.R.A.  600;  3  L.R.A. (N.S.)  168;  20 
L.R.A.  (N.S.)  1007;  36  L.R.A.vN.S.) 
115;  L.R.A.1917C,  63. 

Homicide  by  accidental  discharge  of  weap- 
on carried  in  violation  of  law.  45 
L.R.A.(N.S.)    221. 

Right  of  peace  officer  to  carry  weapons  out- 
side his  district.     38  L.R.A. (N.S.)   998. 

Conviction  as  condition  of  forfeiture  of 
weapons.     4  LR.A.(N.S.)   358. 

Cruel    and    unusual    punishment    for 
L.R.A.  571;   L.RA.1915C,  570. 


35 


§  2.  Concealed  weapons. 

Admissibility  of  weapons  taken  from  de- 
fendant charged  with  carrying  con- 
cealed weapons.  34  L.R.A.(N.S.)  58; 
L.R.A.1915B,  837. 

What  manner  of  carrying  of  weapon  vio- 
lates statute  against  carrying  concealed 
weapons.      23    L.R.A.(N.S.)     173. 

Right  to  convict  for  several  offenses  of  car- 
rying concealed  weapons  growing  out 
of  same  facts.     31  L.R.A. (N.S.)   693. 

§  3.  —what  are  weapons. 

What  are  weapons  within  offense  of  carry- 
ing concealed  weapons.  34  L.R.A. 
(N.S.)   1174. 

— «-»^ 


Begin  uHth  this  hook  on  cveinj  laic  question 


CARS. 

Condition  of  passenger  cars,  see  Cabriebs, 

§§  42,  73.  74. 
Duty  as  to  freight  cars,  see  Cabriebs,   SS 

136-140. 
Gates  on,  see  Gates,  §  2. 


INDEX  TO  L.R.A.  NOTES. 


173 


CAES— cont'd 

Use  of  higiiway  for  storing,  see  Highways, 

§  28. 
Master's    liability   for    injury    to   employee 

due   to   condition   of,   see   Master   and 

Sekvamt,  §  93. 
As   attractive   nuisance,  see  Neguqence,   § 

23. 

Lack  of  cars  as  within  provision  in  mining 
lease  excusing  payment  of  minimum 
rovalty  under  certain  circumstances. 
L.R.A.1917E,  1079. 

Hand  car  as  a  car  witliin  statute  or  ordi- 
nance.    L.R.A.1915A,   817. 

Liability  of  hirer  of  railroad  cars  under 
special  terms  of  contract  for  their  care 
or  return.     L.R.A.191.5B,   305. 

Liability  of  master  where  servant  invites  or 
permits  children  to  ride  on.  L.R.A. 
1915E,  888. 

Attachment  or  garnishment  of  foreign  rail- 
road cars.  64  L.R.A.  501;  16  L.R.A. 
(N.S.)    1026;  L.R.A.1915D,  838. 

Duty,  as  to  employees,  of  inspection.  4] 
•    L.R.A.  88,  101. 

Determining  order  of  cars  in  train  as  a 
delegable  duty.    18  L.R.A. (N.S.)  279. 

♦-•-♦ 


CAR   STARTER. 

As  fellow  servant.    52  L.R.A. (N.S.)  1095. 

♦*» 

CARTER'S  WILD  CHERRY  BITTERS. 

Judicial  notice  of  intoxicating  character  of. 

48  L.R.A.  (N.S.)   316. 
Proximate  cause  of   injury  by.     26  L.R.A. 

(N.S.)  719. 


CARTMEN  AND  TEAMSTERS. 

§   1.  Generally. 

Hackmen,  see  Hacks. 

Regulation  of  draymen.  45  L.R.A. (N.S.) 
1152. 

As  common  carrier.    21  L.R.A. (N.S.)  188. 

Emp lover's  nonliability  for  negligence  of. 
C5'  L.R.A,  G44. 

As  independent  contractor.  65  L.R.A.  467, 
468,  494;  13  L.R.A. (N.S.)  1122;  16 
L.R.A. (N.S.)   816;   25  L.R.A. (N.S.)    33. 

As  fellow  servant  of  one  employing  team. 
17  L.R.A.(N.S.)    338. 

Validity  of  contract  with  unlicensed  cart- 
men.      12   L.R.A.  (N.S.)    617. 

Exclusion  of,  from  railroad  depot.  39 
L.R.A.  (N.S.)    126. 

Who  is  responsible  for  act  of  teamster  in 
charge  of  hired  vehicle.  L.R.A.1918E, 
121. 

§  2.  Lien  of. 

Teamster  as  a  laborer  within  lien  statute. 

30  L.R.A.  (N.S.)   89. 
Right  to  statutory  lien  on  property  of  third 

person  for  rental  of  teams.     16  L.R.A. 

(N.S.)    585. 
Consult  also  L.R.A.  Digests  of  Cases. 


CASE. 

§   1.  Generally. 

Right  of  action  for  unlawful  combinations, 
see  CoxspiRACY;  Monopoly  and  Com- 
binations. 

Liability  for  conspiracy  to  injure  business 
of  another,  see  Conspiracy,  II. 

Right  of  action  for  causing  death,  see 
Death,  II. 

Alienation  of  affections  of  husband  or  wife, 
see  Husband  and  Wife,  §§  66,  67. 

Master's  liability  for  malicious  act  of  serv 
ant  generally,  see  Mastek  and  Serv- 
ant, §  376. 

Action  for  seduction,  see  Seduction. 

Right  of  convicted  person  to  maintain  an 
action  against  witness  for  negligently 
giving  false  evidence.     3  B.  R.  C.  251. 

Liability  of  one  who  procures  defamatory 
testimony  to  be  given.     4  B.  R.  C.  986. 

Civil  liability  for  causing  suicide.  47 
L.R.A.  (N.S.)    1009. 

Joinder  of  successive  owners  of  property  in 
action  on  the  case  for  nuisance  main- 
tained thereon.     46  L.R.A.  (N.S.)    1188. 

Action  by  general  creditor  for  damages 
against  third  person  for  fraud  in  pre- 
venting plaintiff  from  collecting  his 
claim.     47  L.R.A.  433. 

Interposition  of  unfounded  defense  in  a 
civil  action  as  basis  of  action  for  dam- 
ages.     34   L.R.A. (N.S.)    1026. 

Remedy  of  one  who  fails  to  record  a  deed, 
against  his  grantor,  who  subsequently 
conveys  to  an  innocent  third  person. 
26   L.R.A.  (N.S.)    284, 

Arbitrary  or  mala  fide  termination  of  part- 
nership as  basis  of  action  in  tort,  29 
L,R,A.(N.S.)    959. 

Right  of  principal  to  maintain  case  for 
money  collected  by  agent  or  attorney. 
20  L.R.A, (N.S.)    35. 

For  injury  to  business  or  occupation;  effect 
of"  malice  on  liability.     62  L,R.A.  694. 

Liability  of  individual,  in  absence  of  any 
element  of  conspiracy,  for  driving  away 
another's  customer.  22  L.R.A. (N.S.) 
1224;  L.R.A.1915B,  1180, 

Liability  for  damage  to  business  by  injuring 
tangible  property  of  other  party.  64 
L.R.A,  94, 

Landlord's  interference  with  business  rela- 
tions between  his  tenants  and  third 
persons,     L.R.A.1916B,  815. 

Right  of  third  person  to  complain  of  regu- 
lations concerning  conduct  of  students, 
employees,  etc.,  by  which  he  is  injuri- 
ously affected.     51  L.R.A.(N,S,)   17. 

Right  of  physician  to  complain  of  regula- 
tions of  beneficial  association  or  em- 
ployer as  to  employment  of  physician, 
L,R,A,1916B,    839, 

Master's  liability  in  case  for  wrongful  or 
negligent  act  of  servant.  27  L,R,A. 
197, 

Personal  liability  to  other  contracting  par- 
ty of  one  who,  without  authority,  as- 
sumes to  contract  as  agent  for  another. 
34   L.R.A. (N.S.)    533, 


174 


INDEX  TO  L.R.A.  NOTES. 


CASE— cont'd  ^  .    , 

Liability  for  nets  in  pursuance  of  jud},'nu'iU 
afti'rwards  reversed.  45  L.R.A.  800;  40 
L.K.A.(N.S.)    1197. 

Right  to  recover  for  physical  injury  result- 
ine  from  fright  caused  by  wilful  tort. 
8    L.R.A.(N.S.)     68;    22    L.R.A.(N.S.) 
1073;    24    L.R.A.  (N.S.)     1159;    L.R.A.  ' 
1915D,  830. 

Mental  anguish  as  element  of  damages  for 
trespass  on  the  person  of  a  woman  af- 
fecting her  character  or  reputation  for 
chastity.     33  L.R.A.(N.S.)    98. 

Liability  for  causing  withdrawal  of  surety 
from  bond.    42  L.R.A. (N.S.)  388. 

Basis  of  distinction  between  absolute  and 
qualified  rights  as  affecting  right  to 
inquire  into  motive.  29  L.R.A.  (N.S.) 
869. 

Liability  for  damages  to  landlord  by  inter- 
fering with  tenant.     L.R.A.1918D,  393. 

Action  by  general  creditor  for  damages 
against  third  person  on  account  of 
fraud  in  disposing  of  debtor's  property, 
or  preventing  plaintiff  from  collecting 
his  claim.    L.R.A.1917E,  1148. 

Right  of  action  for  fraud  or  deceit  causing 
loss  of  remedy.    L.R.A.1917F,  719. 

Liability  for  mutilation  or  spoliation  of 
will.     L.R.A. 1917B,  558. 

Right  of  action  for  statements  affecting 
value  of  personal  property  other  than 
goods  sold  or  manufactured,  or  of  real 
property,  other  than  those  relating  to 
title.    6  B.  R.  C.  509. 

§  2.  Breach  of  contract. 

Liability  for  negligent  breach  of  contract 
between  private  parties.  12  L.R.A. 
(N.S.)   924. 

§  3.  Inducing  breach  of  contract. 

Liability  of  a  person  in  damages  for  induc- 
ing a  third  party  to  break  his  contract. 
21  L.R.A.  233;  16  L.R.A. (N.S.)  746; 
28  L.R.A.(N.S.)  615;  L.R.A.1915F, 
1076. 

Good  faith  as  affecting  liability  for  inter- 
ference with  contract  relations.  1  B. 
R.  C.  18. 

Injunction  against  inducing  or  aiding  breach 
of  contract.  11  L.R.A.  (N.S.)  202; 
L.R.A.1917C,  782. 

Effect  of  malice  on  liability  for  causing. 
62  L.R.A.  678. 

Liability  for  damages  to  landlord  by  in- 
ducing tenant  to  break  contract.  L.R.A. 
1918D,  393. 

Liability  of  third  person  for  inducing  breach 
of  marriage  contract.  L.R.A.1918C, 
1197. 

Liability  for  inducing  breach  of  invalid  or 
unenforceable  contract.  L.R.A.1915A, 
820. 

Liability  for  procuring  violation  of  contract 
for  which  immediate  party  thereto  is 
not  liable.    6  B.  R.  C.  80. 

§  4.  —  inducing   discharge   of   servant 
or  preventing  his  employment. 

Bad  motive  as  affecting  liability  for  caus- 
ing loss  of  employment.    62  L.R.A.  714. 
Begin  tvith  this  book  on  every  law  question 


CASE — cont'd 

Civil    liability    for    inducing    discharge    of 

servant.      19     L.R.A.  (N.S.)      561;     48 

L.R.A.  (N.S.)    893. 
Liability  of   person  procuring  discharge  of 

workmen  upon  ground  of  his  nonmem- 

bership    in    a    labor    organization.      6 

L.R.A.  (N.S.)     899. 
Civil    liability    for    maliciously    procuring 

discharge'  of    employee    or    preventing 

employment,    in   absence   of   conspiracy 

or  concerted  action.     27   L.R.A. (N.S.) 

966. 
Liability   for   causing  discharge  of   servant 

by  acts  not  intended  to  have  that  effect. 

38  L.R.A.(N.S.)  986. 

Liability  of  labor  union  or  its  members  to 

persons  with  whose  employment  it 

has   interfered.      1    B.   R.   C.   514; 

L.R.A.1917C,  1056. 

Action  on  the  case  for  blacklisting  servants. 

4  L.R.A.(N.S.)    1120. 
Forcing  discharge  of  foreman  or  coemployee 

as  justification  for  strike.     42  L.R.A. 
(N.S.)    1048.      ' 

§  5.  ~  inducing  servant  to  quit  gener- 
ally. 

Choice  of  remedies  for  enticement  of  serv- 
ant, see  Election  of  Remedies,  §  9. 

Liability  of  third  person  for  inducing  a 
servant  to  break  his  contract.  21 
L.R.A.  238;  5  L.R.A.(N.S.)  1091; 
L.R.A.1915F,  1076. 

Bad  motive  as  affecting  liability  for  caus- 
ing loss  of  employee  or  servant.  62 
L.R.A.  719. 

Is  contempt  for  violation  of  injunction 
against  interfering  with  another's  em- 
ployee, civil  or  criminal.  13  L.R.A. 
(N.S.)    598. 

§  5a.  —  inducing  servant  to  quit  to  aid 
strike. 

Right  in  aid  of  strike  to  use  money  to  in- 
duce persons  not  under  contract  to  quit 
or  not  accept  employment.  41  L.R.A. 
(N.S.)    453. 

Right  in  aid  of  strike  to  employ  peaceable 
persuasion  to  induce  persons  not  under 
contract  to  quit  or  not  accept  employ- 
ment.    41  L.R.A.(N.S.)    445. 

§  6.  Inducing  minor  to  quit  parent. 

Enticement    of    child    to    leave    parent.      1 

L.R.A.(N.S.)      205;      45     L.R.A.(N.S.) 

871. 
What  amounts  to  enticement  of  minor  child 

from     parent's     custody.       48     L.R.A. 

(N.S.)    1001. 
Mother's    right    of    action    for    enticing    of 

minor.     1   L.R.A. (N.S.)    362. 


CASE   MADE. 


As  part  of  record  on  appeal,   see  Appeal 
AND  Edbok,  §  23. 


INDEX  TO  L 

CASES  CERTIFIED. 

Definiteness  of  question  to  be  certified.     31 
L.R.A.  392. 


CASH  BAIIi. 


Deposit  of  cash  in  lieu  of  bail  in  criminal 
cases,  in  absence  of  statutory  author- 
ity.    44  L.R.A.(N.S.)   1150. 


CASH  DIVIDENDS. 

Right  to,  as  between  life  tenant  and  re- 
maindermen. 12  L.R.A.  (N.S.)  780;  35 
L.R.A.(N.S.)  563;  50  L.R.A.(N.S.) 
610. 


CASHIER. 

Powers  of,  see  Banks,  §  8. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  bond  of.     L.R.A.1917B,  990. 

Of  foreign  corporation,  service  of  process 
on.     23   L.R.A.  496. 

Liability  of  bank  directors  for  cashier's 
default  or  negligence.  4  L.R.A. (N.S.) 
697. 


CASH    SALE. 


Right  of  purchaser  or  creditor  levying 
on  goods  sold  for  cash  but  delivered 
without  payment.  13  L.R.A.  (N.S.) 
696;  29  L.R.A. (N.S.)  709;  47  L.R.A. 
(N.S.)   173. 

Admissibility  of  memoranda  on  check  stubs 
as  evidence  of.    42  L.R.A. (N.S.)   728. 


CASH  SURRENDER  VAIiUE. 

Of  insurance  policy,  see  Insurance,  §  57. 


CASINO. 

Power    of    municipality    to    construct.      20 
L.R.A.  (N.S.)    425. 


■♦♦♦■ 


CASTING    VOTE. 

See  Parliamentary  Law,  §  2. 

■ ^-•-^ 

CASTLE. 

What    constitutes.      67    L.R.A.    545. 
Consult  also  L.R.A.  Digests  of  Cases. 


R.A.  NOTES. 

CASTRATION. 

See  STE3JILIZATI0N. 


175 


■♦*» 


CASUAL   EMPLOYEE. 

Right  to  recover  under  Workmen's  Com- 
pensation Act.  L.R.A.1917D,  147; 
L.R.A.1918F,  215. 

Who  are,  within  meaning  of  workmen's  com- 
pensation act.  L.R.A.1916A,  120,  247, 
365. 


CATALOGUE. 


Sufficiency  of  identification  for  purposes  of 
executory  contract,  where  goods  are  or- 
dered by  reference  to  a  catalogue  or 
price  list.     31  L.R.A. (N.S.)    927. 


CATERER. 


Liability  for  serving  unfit  food.     40  L.R.A. 
(N.S.)   480;  L.R.A.1915B,  481. 


CATHOLICS. 


Remarriage  of  divorced  Catholics.     L.R.A 
1917C,  1020. 


CATTLE. 

Transportation  of,  see  Carriers,  §§  124- 
127. 

Injuries  to,  on  railroad  track,  see  Rail- 
roads, §§  73-76,  85. 

See  also  Animals. 

Liability  of  vendor  of  unwholesome  food 
for.     21  L.R.A.  140. 


CATTLE  GUARDS. 


Duty  of  railroad  company  as  to,  generally, 
see  Railroads,  §  34. 

Duty  of  railroad  company  to  maintain  safe- 
guards to  prevent  employees  from  fall- 
ing into.     50  L.R.A. (N.S.)   550, 


CATTLE  YARDS. 


On  railroad  right  of  way  as  separate  sub- 
jects  of   taxation.    'L.R.A.1916E,   416. 


CAUCUS. 

See  Elections,  §§  25,  26. 


176 


INDEX  TO  L.R.A.  NOTES. 


CAUSA   MORTIS. 

Gift  oauaa  mortis,  see  Gift,  §  10. 


CAUSE. 

I'resumption  and  burden  of  proof  as  to,  see 
Evidence,  §  00. 

Opinion  evidence  as  to,  see  Evidence,  §  187. 

.Admissibility  of  evidence  as  to,  generally, 
see  Evidence,  §  248. 

Question  for  jury  as  to,  see  Tbial,  §  22. 

Of  loss  of  insured  property  or  death  of  in- 
sured, see  Insurance,  VIII. 

Of  loss  of  vessel  or  cargo,  see  Shipping, 
§  20. 

Proximate  cause,  see  Proximate  Cause. 


CAUTION. 


Removal  of  inducement  to  confess  by  ac- 
cused.    18  L.R.A. (N.S.)    867. 

Caution  against  incrimination  as  an  in- 
diicoment  to  make  confession.  18 
L.R.A. (N.S.)   824. 

Effect  of  cautioning  or  failure  to  caution 
accused  on  voluntariness  of  confession. 
18  L.R.A.(N.S.)  791;  50  L.R.A. (N.S.) 
1083. 

Higlit  ot  court  to  caution  jury  as  to  be- 
lieving testimony  of  accused  in  his  own 
behalf.      19    L.R.A. (N.S.)    802. 


CAVEAT  EMPTOR. 

See  also  Sale. 

Applicabilitv  of  rule  of,  to  sales  for  parti- 
tion.   33  L.R.A. (N.S.)   409. 

Application  of  principle  of  caveat  emptor  in 
sales  l)y  mortgagee  under  power  in 
mortiraare.     49   L.R.A. (N.S.)    514. 

Applicability  of  rule  caveat  emptor  to  sales 
by  guardian  of  minors  as' regards  ward's 
title.     L.R.A.1915E,   834. 


CELEBRATIONS. 


Amusements  generally,  see  Amusements. 

Authority  of  agent  of  executive  committee 
for,  to  contract  for  services  of  other 
persons.     L.R.A.1918F,  70. 

-Appropriations  of  public  money  for.  14 
L.R.A.  475. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  unlawful  expenditures  by  munic- 
ipality for.     36  L.R.A.(N.S.)   2. 


CELEBRITY. 


CELLAR  DOOR. 

Extension  of,  beyond  line  as  violation  of 
building  restriction.  52  L.R.A. (N.S.) 
1052. 

• «-»-♦ • 


CELLARWAY. 


Municipal    liability    for    injury    by    cellar- 
way  in  street,  see  Highways,  §  62. 
See  also  Areaway. 


CEMETERIES. 


Name  of  celebrity  as  trademark  or  trade- 
name.   L.R.A.1917C,  1161. 
Beoin  icith  this  hook  on  every  law  question 


§  1.  Generally. 

Abandonment  of,  see  Abandonment,  §  8. 
Injunction  as  to,  see  Injunction,  §  75. 
As  a  nuisance,  see  Nuisances,  §  8. 
See  also  Burial  ;  Corpse. 

Effect  of  constitutional  or  statutory  exemp- 
tion of,  from  condemnation  proceed- 
ings.    L.R.A. 1916A,   n06. 

Effect  of  language  in  deed  indicating  that 
land  is  to  be  used  for  cemetery  pur- 
poses. 19  L.R.A.  266;  L.R.A. 1918B, 
699. 

Prescriptive  right  to  maintain.  53  L.R.A. 
895, 

Prescription  or  adverse  possession  of  grave 
or  burial  lot.     40  L.R.A.  (N.S.)    752. 

When  right  of  burial  in  private  burial 
ground  is  barred  by  adverse  possession. 
42  L.R.A. (N.S.)    1138. 

What  is  necessary  to  eflfect  a  dedication  of 
land  as  a  cemetery  or  burial  plot.  27 
L.R.A.(N.S.)   875. 

Right  to  specific  performance  of  contract 
to  convey  real  estate  as  affected  by 
attempted  reservation  of  cemetery  or 
burial  plot.    41  L.R.A.(N.S.)  384. 

Use  of  school  grounds  for  purposes  of.  31 
L.R.A. (N.S.)    595. 

Taking  of  property  for,  as  a  public  purpose. 
22  L.R.A. (N.S.)   171. 

Public  character  of  charitable  bequest  for. 
37  L.R.A.(N.S.)   997. 

Validity  of  testamentary  provision  for 
erection  of  monument,  or  for  the  care 
and  maintenance  of  tombs,  burial 
grounds,  etc.     1  B.   R.   C.   931. 

Regulations  of  burials  and  cemeteries.  27 
L.R.A.(N.S.)    260. 

Validity  of  regulations  concerning  care  or 
improvement  of  cemetery  lota 
L.R.A.1915E,  168. 

Abandonment  or  sale  by  town  or  municipal- 
ity of  ground  used  for  cemetery.  42 
L.R.A.  (N.S.)    1216. 

Forbidding  burial  of  negro  in  cemetery  con- 
trolled by  white  persons.  7  L,R.A. 
(N.S.)   155;  L.R.A.1917B,  948. 

§  2.  Character  of  estate  or  property  of 
owner  in  burial  lot. 

Easement.      67    L.R.A.    119;    L.R.A.1918A, 

147. 
License.     67  L.R.A.  120;  L.R.A.1918A,  148. 


INDEX  TO  L.R.A.  NOTES. 


177 


CEMETERIES— cont'd 

Devise.     67  L.R.A.   121;   L.R.A.1918A,   149. 

Cemetery  dedicated  to  a  class.     67   L.R.A. 

122;  L.R.A. 191 8 A,  149. 
When    held    in    common.      67    L.R.A.    122; 

L.R.A.1918A.  149. 
Right  to  mortgage.     67  L.R.A.  122;   L.R.A. 

1918A,  149. 
Power  of  cemetery   authorities.     67   L.R.A. 

123;  L.R.A. 1918A,  149. 
Trespass    on    lot    owner's    pcjssession.      67 

L.R.A.  124;  L.R.A.193  8A,  149. 
Ejectment.      67    L.R.A.    125;    L.R.A.1918A, 

150. 
Effect  upon,  of  legislative  act  or  municipal 

ordinance  closing  cemeterv.     67  L.R.A. 

125;  L.R.A.1918A,  150. 

§  3.  Assessment  and  taxation  of. 

Liability  to  assessment  for  local  improve- 
ments. 35  L.R.A.  36;  44  L.R.A.  (N.S.) 
57;     L.R.A. 1916F,     865;     L.R.A.1918A, 

157. 


CENSORSHIP. 


Of  films  for  moving  pictures.  40  L.R.A. 
(N.S  )  194;  L.R.A.1916C,  227;  L.R.A. 
1918A,  231. 


CENSUS. 

Census  returns  as  evidence  of  age.    9  L.R.A. 

(N.S.)    718. 


CERTAINTY. 


Of  charitable  gift,  sec  Charities,  §§  6-9. 
Of  contract,  see  Contracts,  §  20. 
As    condition    of    specific    performance,    see 
Specific  Performance,  §  23. 

Of  special  verdict.     24  L.R.A. (N.S.)   46. 

Of  acts  regulating  speed  of  automobiles. 
L.R.A.1918D,  135. 

Devise  or  bequest  in  severalty  of  undesig- 
nated parcels  of  property  to  difi"erent 
persons.     41   L.R.A.  (N.S.*^)    1049. 


CERTIFICATE. 


§   1.  Generally. 

Of  acknowledgment,  see  AcKN0Wi,Ea)GMENT. 

Of  deposit,  see  Banks,  §  30. 

As  to -character  of  employee,   see  Chabac- 

TER,   §    2. 
Of  performance  of  contract,  see  Contracts. 

§§   140-142. 
As  to  cause  of  death,  see  Corpse,  §  4. 
Of  nomination,  see  Elections,  §  25. 
Of   records   of   other   state   for    purpose   of 

evidence,  see  Evidence,  §  128. 
Consult  also  L.R.A.  Digests  of  Cases.    12 


CERTIFICATE— cont'd 

Of  receiver,  see  Receivers. 

Tax  certificate,   see  Taxes,   §   80. 

Forgery  by  making  or  altering.  54  L.R.A. 
796,  798. 

Of  foreign  insurance  company's  right  to 
do  business.     24  L.R.A.  300. 

Clearing  house  loan  certificates.  25  L.R.A. 
826. 

Of  drawing  of  grand  jury.     27  L.R.A.  782. 

Of  magistrate  in  case  of  fire  insurance.  44 
L.R.A.  860. 

Respective  rights  of  life  tenant  and  re- 
mainderman in  distributions  by  corpo- 
ration in  form  of  certificates  of  declar- 
ing corporation.     12  L.R.A.(N.S.)    812. 

Master's  duty  as  to  giving  certificate  of 
character  to  servant.  4  L.R.A.  (N.S.) 
1091. 

Conclusiveness  of  official  certificate  approv- 
ing fire  escapes.     1  L.R.A. (N.S.)    1091. 

Impeachment  of  enrolled  bill  by  certificates 
of  legislative  officers.  40  L.R.A.  (N.S.) 
31. 

Issuing  certificates  of  clerk  in  name  of  dep- 
uty.    42  L.R.A.(N.S.)    883. 

Conclusiveness  of  decision  of  the  Land  De- 
partment canceling  a  certificate  of  en- 
try.    L.R.A.1918D,  634. 

Requiring  one  operating  jitney  bus  to  secure 
certificate  of  convenience  and  necessity. 
L.R.A.1918B,  916. 

§  2.  On  appeal. 

Amendment  of  record  on,  to  cure  defect  for 
which  motion  in  arrest  of  judgment 
has  been  made.     67  L.R.A.  185. 

Effect  of  certificate  of  state  court  to  show 
jurisdiction  of  United  States  Supreme 
Court  of  writ  of  error  to  state  court. 
63  L.R.A.  477. 

Of  state  court  as  part  of  record  on  review 
in  United  States  Supreme  Court.  63 
L.R.A.  3.32. 

Should  certificate  to  bill  of  exceptions  or 
case  made  be  made  by  regular  or  spe- 
cial judge.     42  L.R.A.(N.S.)   616. 

§  3.  Of  physician. 

Sale  of  liquor  on  physician's  certificate, 
see  Intoxicating  Liquors,   §  21a. 

Conclusiveness  of  doctor's  certificate  as  to 
cause  of  death  of  insured.  44  L.R.A. 
854. 

Validity  of  regulation  requiring  certificate 
as  to  cause  of  death  as  condition  of 
burial   permit.     5   L.R.A.(N.S.)    727. 


CERTIFICATE    OF    DEPOSIT. 

See  Banks,   §  30. 


CERTIFICATION. 


Of  check,  see  Checks,  §  7. 
See  also  Cases  Certified. 


J  73  INDEX  TO  L.R.A.  NOTES. 

CERTIFIED  CHECK.  CHAIN  OF  TITLE. 


See  Checks,  §  7. 


45   L.R.A. 


CERTIORARI. 

§  1.  Wlien   lies. 

To    review    excessive    sentence. 

158;  51  L.R.A.(N.S.)  388. 
As   remedy   for   refusal   to   award   contract 

to  lowest  bidder.    30  L.R.A. (N.S.)  130. 
Hiyht  of  garnishee  to  certiorari  to  renew 

judgnTent  against  principal   defendant 

on  ground  of  lack  of  jurisdiction.     51 

L.R.A.(N.S.)  600. 

§  2.  —existence  of  remedy  by  appeal. 

Exceptions  to  the  rule  that  certiorari  will 
not  lie  where  there  is  an  appeal. 
50  L.R.A.  787. 

S  3.  —jurisdiction    of    highest    court. 

In  exercise  of  superintending  control  over 
inferior  courts.     51  L.R.A.  33. 

Exclusiveness  of  jurisdiction  of  court  of 
last  resort  to  issue  remedial  writs  for 
prerogative  purposes.  13  L.R.A. (N.S.) 
768. 

§  4.  Who  entitled  to. 

Who  is  entitled  to  invoke  certiorari  to  re- 
view a  decree  or  order  afTecting  sale  of 
intoxicating  liquors.  19  L.R.A.(N.S.) 
610. 

§  5.  Bond. 

Effect  of  insertion  of  unauthorized  provi- 
sions in.    L.R.A.1917B,  1002. 

Penalty  as  limit  of  liability  on  bond.  55 
L.R.A.  388. 

Korm  of  judgment  on  certiorari  bond.  62 
L.R.A.  446. 

§  6.  Amendment  of  record  on. 

Amendment  on  appeal,  see  Appeal  and  Ek- 
BOB,  §  6. 

To  cure  defect  for  which  motion  in  arrest 
of  judgment  has  been  made.  67  L.R,A. 
185. 


CESSPOOLS. 


Liability  of  landlord  to  third  persons  as  to. 
26  L.R.A.  201. 


CESTUI  QUE  TRUST. 


See  Tbusts. 


CHAIN. 


Effect  of  remote  quit  claim  in,  on  rights  of 
subsequent  purchaser.  25  L.R.A. 
(N.S.)    1035. 


CHAIN   THEORY. 


Does  chain  theory  apply  where  the  evidence 
is  wholly  circumstantial.  41  L.R.A. 
(N.S.)   749. 


CHAIRS. 


As  deadly  weapons.     21  L.R.A. (N.S.)   506. 


CHALLENGES. 

Of  jurors,  see  Jubt,  §  9. 


CHAMBER  OF  COMMERCE. 

Review    of   decisions   of,   against   members. 

49   L.R.A,   358,   361,   364,   371. 
Conclusiveness   of   decisions    of.     2    L.R.A. 

(N.S.)   672. 
Membership    in    chamber    of    commerce    as 

asset  in  bankruptcy.     27  L.R.A. (N.S.) 

613. 
Right     to     subsidize     enterprises.       L.R.A. 

1916B,  1009. 


.Application  of  res  ipsa  loquitur  in  case  of 
injury  to  servant  by  breaking  of. 
L.R.A.1917E,  239. 

Begin  with  this  hook  on  every  law  question. 


CHAMPERTY    AND    MAINTENANCE. 

§  1.  Generally. 

Contract  by  attorney  to  take  case  on  con- 
tingent fee,  see  Attorneys,  §  20. 

Champertous  contract  with  attorney  gener- 
ally, see  Attobneys,  §  21. 

Effect  of  interest;   relationship.     14  L.R.A. 

747. 
Champertous     contracts     of     laymen.       14 

L.R.A.  745;  L.R.A.1916E,  68*. 
Validity     of     champertous     contract.       12 

L.R.A. (N.S.)    606. 
Validity    of    agreement    to    defeat    probate 

of  win.   16L.R.A.(N.S.)  236;  43  L.R.A. 

(N.S.)  575. 
Agreement    to    defeod    against    claims    as 

maintenance.     1  B.  R.  C.  17G. 
Validitj'  of  assignment  of  debt  as  affected 

by   nature   of   consideration,   or   by   as- 
signee's ulterior  purpose.     5   B.   R.   C. 

611. 
Right  of  third  person  to  take  advantage  of 

champerty.     35  L.R.A. (N.S.)   513. 
Effect  of  conveyance  of  land  held  adversely; 

35  L.R.A. (N.S.)  729. 


INDEX  TO  L.R.A.  NOTES. 
CHANCE.  CHANGE  OF  NAME. 


179 


As  element  in  lottery,  see  Lotteey, 
*  »  » 


CHANCERY. 


See  Equity. 


CHANCE    VERDICT. 

Sec  Trial,  §  79. 


CHANDELIERS. 


Tenant's  right  to  remove.     3  L.R.A.  (N.S.) 
69. 


CHANGE. 

Tender  of  sum  in  excess  of  that  due  carrier, 
with  demand  for  change.  13  L.R.A. 
(N.S.)  624. 

What  is  a  reasonable  sum  out  of  which  a 
carrier  may  be  required  to  take  fare 
and  return  change.  35  L.R.A.  489; 
9  L.R.A.(N.S.)  579;  21  L.R.A. (N.S.) 
868. 

Effect  of  party's  changing  testimony  on  sec- 
ond trial,  to  supply  defects  in  the  case 
made  on  the  first  trial.  37  L.R.A. 
(X.S.)   429. 


CHANGE  OF  APPLIANCES. 

Assumption  of  risk  bv  employee  of  dangers 
arising  from.     L.R.A.1916D,  1210. 


CHANGE    OF   BENEFICIARY. 

In     benefit     certificate,     see     Insurance, 
§§  127-129. 


CHANGE  OF  CONTRACT. 

Release   of   surety   by,    see  Principal   and 
Surety,  §  13. 


CHANGE  OF  GRADE. 

Of  highway,  see  Highways,  §§  52,  53. 

Right  to  change  grade  of  private  right  of 

way.     L.R.A.1918A.  595. 
Consult  also  L.R.A.  Digests  of  Cases. 


See  Name,  §  12. 


♦  •» 

CHANGE  OF  OCCUPATION. 

By  insured,  efi"ect,  see  Insurance,  §  95. 
♦-»♦ 

CHANGE  OF  POSITION. 

Within  law  of  estoppel,  see  Estoppel,  §  7b. 


CHANGE  OF  POSSESSION. 

Of  mortgaged  chattels,  see  Chattel  Mort- 
gage, §§  14,  14a. 

Necessity  of,  as  against  creditors,  see 
Fraudulent  Conveyances,  §§  19,  20. 

On  judicial  sale,  see  Judicial  Sale,  §  10. 

Of  pledged  property,  see  Pledge  and  Col- 
lateral Security,  §  5. 

Change  of  possession  of  chattels  sold,  see 
Fraudulent  Conveyances,  §§  19,  20; 
Sale,  §§  10-12,  14. 


CHANGE  OF  RESIDENCE. 

See  DoMiciL  AND  Residence,  §§  6,  7. 


CHANGE  OF  TITLE. 

To  insured  property,  see  Insurance,  §§  69- 

72. 


♦  »» 


CHANGE   OF  VENUE. 

See  Venue,  §§  2,  3. 

#  »  » • 

CHANGING  CARS. 

Carrier's  liability  for  failure  to  notify  pas- 
senger when  and  where  to  change  cars. 
39  L.R.A. (N.S.)   663. 


CHANGING  CONDITIONS. 

Master's  duty  as  to  safety  of  place  where 
.conditions  are  changing,  see  Master 
AND  Servant,  §  80. 


CHANNEL. 


Artificial  channel,  see  Artificial  Channel. 
Cliange   of   channel   of  water   appropriated, 
see  Waters,  §  87. 


180 


INDEX  TO  L.R.A.  NOTES. 


CHANNEL— cont'd 

Jurisdiction  over.     46  L.R.A.  266. 

Of  boundary  river,  effect  of  change  on  juris- 
diction.    65  L.R.A.  967. 

Change  of,  as  change  of  state  boundary.  39 
L.R.A.(N.S.)    200. 


CHARACTER. 


§  1.  Generally. 

Presumption    and    burden    of   proof   as   to, 

see  Evidence,  §  25. 
Parol  evidence  as  to  character  of  parties 

to   instrument,   see   Evidence,    §§   172, 

184. 
Evidence    as   to   generally,    see    Evidence, 

§§  249-253. 
Of    deceased     as    affecting    homicide,     see 

Homicide,  §  3. 
Competency    of    witness    as    to,    see    Wit- 
nesses, §  25. 
Cross-examination    of    witness    as-  to,    see 

Witnesses,  §  34. 
As  to  reputation,  see  REPtTTATlON. 

Expenditure  by  administrator  for  protec- 
tion of  decedent's  chajacter.  16  L.R.A. 
743. 

Evidence  of  other  crimes  to  rebut  defense 
of  good  character.     62  L.R.A.  300. 

Of  indorser  of  paper  as  putting  purchaser 
on  inquiry.  29  L.R.A.(N.S.)  373;  44 
L.R.A.(N.S.)    403;    L.R.A.1918F,   1153. 

Removal  for  separable  controversy  of  ac- 
tion for  injury  to.    5  L.R.A.(N.S.)   93. 

Of  accused  as  affecting  voluntariness  of 
confession.      18    L.R.A.  (N.S.)     786. 

Right  of  defendant  charged  with  sexual 
offense  to  impeach  character  of  woman 
for  chastity  by  reason  of  his  own  inter- 
course with  her  prior  to  acts  charged. 
30  L.R.A.(N.S.)    173. 

Effect  of  character  of  traveler  on  inn- 
keeper's dutv  as  to  shelter  and  enter- 
tainment.    2  B.  R.  C.  692. 

Mental  anguish  as  element  of  damages  for 
trespass  on  the  person  of  a  woman  af- 
fecting her  character  or  reputation  for 
chastity.    33  L.R.A. (N.S.)  98. 

§  2.  Of  employee;   certificate  as  to. 

Libelous  statement  as  to  servant's  char- 
acter, see  Libel  and  Slander,  §§  20, 
27. 

Duty  to  give  certificate  of,  to  discharged 
employee.    62  L.R.A.  922. 

Certificate  of,  to  servant;  rights  and  liabil- 
ities as  to.    4  L.R.A. (N.S.)   1091. 

§  2a.  or  accused. 

Contempt  by  publication  reflecting  upon  de- 
fendant in  criminal  case.  L.R.A.1917E, 
713. 

Presumption  as  to  good  character  of  de- 
fendant in  criminal  case.  46  L.R.A. 
(N.S.)  342. 

As  affecting  voluntariness  of  confession. 
50  L.R.A. (N.S.)   1082 


CHARACTER— cont'd 

Evidonce  of  specific  instances  to  prove  cbar- 
lutcr  of.     14  L.R.A. (N.S.)    735. 

Witness's  right  to  testify  to  character  of 
accused  from  personal  knowledge.  22 
L.R.A. (N.S.)    661. 

Right  of  jurors  to  act  on  their  own  knowl- 
edge as  to  cliaracter  or  previous  con- 
duct of.     37  L.R.A. (N.S.)   797. 

Comment  of  prosecuting  attorney  on  char- 
acter as  ground  of  reversal  or  new 
trial.  46  L.R.A.  666;  34  L.R.A. (N.S.) 
818;  L.R.A.1918D,  90. 

§  3.  Effect  of  misrepresentation  or  con- 
cealment as  to,  on  marital  relation. 

Fraudulent  concealment  of  bad  character 
as  ground  for  avoiding  promise  of  mar- 
riage.    26  L.R.A.  431. 

Misrepresentation  as  to  disposition  or  gen- 
eral character  as  ground  for  annulment 
of  marriage.     30  L.R.A. (N.S.)   301. 

§  4.  Determination  as  to  satisfaction  of 
condition  in  will  as   to. 

See  Wills,  §  88. 

§  5.  Effect  of  on  damages  recoverable. 

Bad  character  or  reputation  of  plaintiff  as 
mitigating  damages  for  libel  or  slan- 
der.    38  L.R.A.(N.S.)    1176. 

Evidence  of  habits  and  character  of  one 
injured  or  killed  as  affecting  damages. 
1  L.R.A.(N.S.)    198. 


CHARGE. 

By  carrier,  see  Cabbiebs,  §§  23-25,  122. 
For  use  of  telephone,  see  Telephones,  §§ 

5-7. 
By  warehouseman,  see  Warehouseman,  §  3. 
For  wharfage,  see  Wharves,  §§  10,  11. 
On  devise  or  legacy,  see  Wills,  §  119. 
Rates  charged,  see  Rates, 
To  jury,  see  Trial,  §§  60-68. 


CHARITABLE   INSTITUTION, 

Liability  of,  see  Charities,  §  12, 


CHARITABLE  TRUSTS. 


See  Charities. 


CHARITIES. 


Begin  ivith  this  book  on  every  law  qtieation. 


§  1.  Generally. 

Charitable  gifts  to  corporation,  see  Corpo- 
rations, §  26a. 

Rule  of  perpetuities  as  to,  see  Perpetuities, 
§  2. 

Exemption  from  taxation  of  property  of 
charitable  society,  see  Taxes,  §§  24- 
26. 


INDEX  TO  L.R.A.  NOTES. 


181 


CHARITIES— cont'd 

Restriction  on  charitable  gifts  bv  will,  see 

Wills,  §§  72,  73. 
See  also  Benevolent  Societies;  Hospital. 

Giving  of  free  service  or  reduced  rates  by 
public  service  corporation  to  charities 
as  an  unlawful  discrimination.  L.R.A. 
1918D,  916. 

State  or  municipal  power  to  control  private 
charity.     L.R.A.1916D,  912. 

Liability  of  property  of  charitable  institu- 
tion to  assessments  for  local  improve- 
ments.    44  L.R.A.  (N.S.)   57. 

Mechanics'  lien  on  property  of  charitable 
institution.     51  L.R.A.  (N.S.)   161. 

Conflict  of  laws  as  to  charitable  bequests. 
2  L.R.A.(N.S.)    438. 

Exercising  power  of  appointment  for  a 
charitable  use.    64  L.R.A.  911. 

Secret  trusts  for.     20  L.R.A.  465. 

Using  property  of  lunatic  for  charitable 
purposes.     34  L.R.A.  300. 

Trustee  or  member  of  a  charitable  bene- 
ficiary as  a  witness  to  the  will.  36 
L.R.A. (N.S.)    504. 

Obtaining  money  by  false  representations 
for  charity  as  false  pretenses.  24 
L.R.A.(N.S.)  575. 

Requiring  payment  from  inmate  as  affecting 
right  of  charitable  institution  to  pub- 
lic aid,  or  exemption  from  taxation.  29 
L.R.A.(N.S.)   190;  L.R.A.1917B,  782. 

What  constitutes  residence  of  inmate  of 
charitable  home  entitling  him  to  privi- 
lege of  public  scliools.  36  L.R.A.(N.S.) 
344;  51  L.R.A. (N.S.)  234. 

Right  of  educational,  charitable,  or  reli- 
gious institution  to  exclude  person  on 
account  of  race  or  color.  24  L.R.A. 
(N.S.)    447. 

Character  of  occupancy  of  employees  of. 
4    L.R.A. (N.S.)    718,    720. 

Applicability  of  statutes  limiting  time  or 
amount  of  bequests  for  charitable  pur- 
poses to  devise  or  bequest  to  individual 
absolutely  in  the  hope  that  he  will  de- 
vote it  to  such  purposes.  22  L.R.A. 
(N.S.)    1262. 

Liability  of  property  of  charitable  insti- 
tution to  assessment  for  local  improve- 
ments.    35  L.R.A.  37. 

§  2.  Creation  and  requisites;  validity 
generally. 

Creation  of  charitable  trusts  by  precatory 

words  in  will.    37  L.R.A. (N.S.)  646. 
Creation     and    general    requisites     of     the 
trust.       14    L.R.A.  (N.S.)     75;     37 
L.R.A. (N.S.)    999. 
Effect   of   direction   for   accumulation   upon 
validity  of  charitable  gift.     2  B.  R.  C. 
880. 

§  3.  What  are  charities;  purposes  of 
trust. 

Certainty  of  purpose,  see  infra,  §  7. 

Validity  of  bequests  for  masses.     25  L.R.A. 

360;    40  L.R.A.   717;    14   L.R.A.(N.S.) 

96;  37  L.R.A.  (N.S.)   1005. 
Consult  also  L.R.A.  Digests  of  Cases. 


CHARITIES— cont'd 

Validity  of  testamentary  provision  for  erec- 
tion of  monument  or  for  the  care 
and   maintenance   of  tombs,  burial 
grounds,  etc.     1  B.  R.  C.  931. 
Validity  of  trust  to  propagate  a  particular 
religious    belief    as    a    charity.      6 
L.R.A. (N.S.)   320. 
Gift  for  the  benefit  of  members  of  a  par- 
ticular organization,  as  a  charity. 
5  L.R.A. (N.S.)   687. 
Trust  for  the  benefit  of  employees.     7  B.  R. 

C.  180. 
Existence    of   public    free-school   system    as 
affecting   validity    of    trust    for    educa- 
tion  of   children.   7    L.R.A. (N.S.)    471. 
Effect   of   specifying   use   of   real   estate   in 
devise  to  religious  society.     11  L.R.A. 
(N.S.)   509. 
Effect  of  provision  directing  the  particular 
purpose  to  which  property  granted  or 
devised  to  or  for  the  benefit  of  a  char- 
itable   organization    shall    be    devoted. 
7  L.R.A. (N.S.)    1119. 

§  4.  Gift  to  unincorijorated  society. 

Effect     of     subsequent     incorporation.       14 

L.R.A.  410. 
Validity  of  gift  to  unincorporated  charitv. 

32  L.R.A.   625;    14   L.R.A.(N.S.)    142; 

37  L.R.A.(N.S.)   1019. 

§  5.  Trustees. 

Certainty  as  to,  see  infra,  §  9. 

Municipal  corporation  as  trustee  of  char- 
ity. 7  L.R.A.  765;*  13  L.R.A.  217;' 
.  14  L.R.A.  69. 

Association  as  trustee.  32  L.R.A.  630;  14 
L.R.A.(N.S.)   114. 

Authority  of  legislature  to  remove  munici- 
pality from  trusteeship.  16  L.R.A. 
695. 

§  6.  Uncertainty;  indefiniteness. 

Certainty  as  to  subject-matter.     14  L.R.A. 

(N.S.)   146. 
Certainty  as  to  mode  of  performance.     14 

L.R.A.  (N.S.)   149. 
Explanation     of     uncertainty.       14    L.R.A. 

(N.S.)    151. 

§   7.  —certainty  as  to  purpose. 

In  general.  12  L.R.A.  (N.S.)  1177;  14 
L.R.A.(N.S.)  84;  37  L.R.A.  (N.S.) 
1001. 

Selection  of  purpose  by  trustee.  14  L.R.A. 
(N.S.)    85;    37   L.R.A. (N.S.)    1002. 

Rule  of  cases  rejecting  statute  of  uses.  14 
14  L.R.A. (N.S.)   86. 

§   8.  — certainty  as  to  beneficiaries. 

In     generaL     12     L.R.A.  (N.S.)      1177;     14 

L.R.A.(N.S.)      116;     37     L.R.A.  (N.S.) 

1012. 
Uncertainty  as  a  chai-acteristic.     14  L.R.A. 

(N.S.)   116. 
The  necessary   certainty.     14  L.R.A. (N.S.) 

116. 
Corporations    as    beneficiaries.      14    L.R.A. 

(N.S.)   140;  37  L.R.A.(N.S.)   1019. 


182 


INDEX  TQ  L.R.A.  NOTES. 


CHARITIES— cont'd  .     . 

Unincorporated  associations  as  beneficiaries. 

14  Lr.A.(N.S.)    142;   37  L.R.A.(N.S.) 

1019. 
Effect  of  change  of  purpose  or  condition  by 

beneficiary.     14  L.R.A.(N.S.)    144;    37 

L.R.A.(N:S.)   1020. 
Particular  applications  of  English  rule.    37 

L.R.A.(N.S.)    1012. 
Where  English  rule  repudiated.     37  L.R.A. 

(N.S.)    1013. 
Partial  return  to  English  rule  in  New  York. 

37  L.R.A.(N.S.)  1014. 
Misnomer  of  beneficiaries.    37  L.R.A.(N.S.) 

1019. 
Extrinsic  evidence  to  establish  identity  of 

charitable  corporation  named  as  lega- 
tee or  devisee  in  will.    47  L.R.A.(N.S.) 

523. 

§  9.  —  certainty  as  to  trustees. 

In  general.    14  L.R.A.(N.S.)  104;  37  L.R.A. 

(N.S.)    1010. 
Sufficiency  of  designation.    14  L.R.A.(N.S,) 

105. 
Absence    or    incapacity    of    trustees.      14 

L.R.A.(N.S.)     109;     37     L.R.A.(N.S.) 

1011. 
Corporations  as  trustees.     14  L.R.A. (N.S.) 

Ill;   37  L.R.A.(N.S.)    1011. 
Unincorporated    associations    as    trustees. 

32  L.R.A.  630;  14  L.R.A.(N.S.)   114. 


§   10.  Administration;   enforcement. 

State  or  municipal  power  to  control  private 

charity.    L.R.A.1916D,  912. 
Right    of    donor    or    his    heirs    to    enforce 
proper     administration     of     charitable 
trust.     3  L.R.A.(N.S.)   227. 
Enforcement  of  general  bequest  for  charity 
or  religion.     14  L.R.A.(N.S.)    49; 
37  L.R.A.(N.S.)    993. 
Necessary  accordance  with  law  and  public 
■policy.      14    L.R.A.(N.S.)    71;    37 
L.R.A.(N.S.)    998. 
Remedy  for  enforcement  of  legacy  for  edu- 
cation   when    charged    on    devise.      30 
L.RA.(N.S.)   824. 
Who    may    enforce    trust    for    masses.      46 
L.R.A. (N.S.)    222. 

§   11.  Cy  pres  doctrine. 

Doctrine  of  cy  pris  in  enforcement  of  gen- 
eral bequest  for  charity  or  religion. 
14  L.RJL.(N.S.)    59. 

Rule  of  cy  pr^a  as  to  certainty  as  to  bene- 
ficaries.     14  L.R.A.(N.S.)   120. 

Application  of  cy  pr6s  doctrine  to  chari- 
table gift.    37  L.R.A.(N.S.)  1005,  1007. 

Application  of  doctrine  of  cy  prfes  in  dis- 
posing of  property  of  church  upon  its 
dissolution.     47  L.R.A. (N.S.)    1016. 

§  12.  Liability  of  cliaritable  institution. 

Liability  of  hospital,  see  Hospital,  §  4. 

Liability  of  charitable  institutions  for  per- 
sonal injuries.  23  L.R.A.  200;  7  L.R.A. 
(N.S.)  481;  10  L.R.A.(N.S.)  74;  22 
L.R.A. (N.S.)  486;  32  L.R.A. (N.S.)  62; 
42  L.R.A.(N.S.)  1144;  52  L.R.A. (N.S.) 
505;  6  B.  R.  C.  5.52. 

Begin  icith  this  hook  on  every  law  question. 


CHARITIES— cont'd 

What  are  charitable  institutions  within 
rule  exempting  from  liability  for  negli- 
gence.   2  L.R.A. (N.S.)   556. 

Liability  of  eleemosynary  institution  main- 
tained by  state  or  municipality  for  per- 
sonal tort  of  agent  or  servant.  4 
L.R.A. (N.S.)    269. 

Applicability  to  charitable  institutions  of 
Workmen's  Compensation  Acts.  L.R.A. 
1918F,  190. 


CHARTERER. 


Lien  of  charterer  for  advances.     70  L.R.A. 
416. 

♦-•-♦ 

CHARTER    PARTY, 

See  Shipping,  §§  17,  18. 


CHARTERS. 


Of  club,  see  Clubs. 

Of  corporation,  see  Cobpobation,  §§  18,  19. 

Of  municipality,  see  Municipal   Cobpoba- 

TIONS,  §   7. 


CHASTISEMENT. 


Homicide  by,  see  Homicide,  §  9. 


CHASTITY. 


Actionability  of  words  reflecting  on,  see 
Libel  and  Slander,  §  12. 

Presumptions  and  burden  of  proof  as  to 
chastity  where  it  is  an  ingredient  of 
the  offense  or  a  condition  of  convic- 
tion.    43  L.R.A. (N.S.)    476. 

Evidence  of  specific  instances  to  prove  char- 
actor  for.  14  L.R.A.(N.S.)  714;  L.R.A. 
1916B,  965. 

Evidence  of  specific  instances  of  uucliastity 
of  alleged  victim  of  sexual  oflTense. 
L.R.A.1916B,   965. 

Right  of  accused  to  show  unchastity  of 
prosecutrix  in  statutory  rape.  48 
L.R.A. (N.S.)   269. 

Impeachment  of  character  of  prosecutrix 
for  chastity  by  proof  of  prior  acts  of 
intercourse  with  defendant.  30  L.R,A. 
(N.S.)   173. 

Mental  anguish  as  element  of  damage  for 
trespass  on  person  of  woman  affect- 
ing her  character  or  reputation  for 
chastity.    33  L.R.A.(N.S.)  98. 


CHATTEL. 


Mortgage  of,  see  Chattel  Mobtgage. 
In  general,  see  Pebsonal  Propebty. 


INDEX  TO  L.R.A.  NOTES. 


183 


CHATTEL    MORTGAGE. 

I.  Jn   general,  §   1. 
II.  WJutt  constitutes,  §  2. 
III.  Execution  and  delivery,  §  3. 
IV.  Validity  generally,  §§  4-6. 

V.  Description  of  property,  §  7. 
VI.  Property  covered,  §§  8-12. 
VII.  Rights  and  remedies  of  creditors, 
§§  13-15. 
VIII.  Filing;    recording;  renewal,   §§ 
10-22. 
IX.  Effect   generally,  §§  23,  24. 
X.  Rights   of   parties; priorities,   §§ 

25-27. 
XI.  Sale    or    removal    of    mortgaged 

chattels,  §  28. 
XII.  Assignment;    discharge;    loss    or 
waiver  of  lien,  §§  29-31. 
XIII.  Enforcement,  remedies,  §  32. 

I.  In  general. 


§  1.  Generally. 

Conflict    of    laws    as    to,    see    Confuct    of 

Laws,  §  32. 
For  purchase  money,  see  Purchase  Money, 

§  8. 
On  vessel;  jurisdiction  of  admiralty  as  to. 

66  L.R.A.  200,  234. 
Specific    performance    of   contract   to   give. 

6  L.R.A.(N.S.)    588. 
How   far  proceeds  of  exempt  property   on 

which   chattel    mortgage    is   given    are 

exempt.     19  L.R.A.  39. 
Federal  courts  following  state  decisions  as 

to.     40  L.R.A.  (N.S.)    416. 
Accession  to  property  which  is  the  subject 

of  chattel  mortgage.    L.R.A.1916E,  256. 

71.  What  constitutes. 

§   2.  Generally. 

Mortgage  as  distinguished  from  pledge,  see 
Pledge  and  Collateral  Security,  §  2. 

Parol  evidence  that  written  instrument 
which  on  its  face  imports  a  complete 
transfer  was  intended  to  operate  as  a 
mortgage  or  pledge.     L.R.A.1916B,  18. 

Mortgage  of  land  including  profits,  as  a 
chattel  mortgage  with  respect  to  crops. 
L.R.A.1917C,  51. 

III.  Execution  and  delivery. 

%  3.  Generally. 

Validity  of  mortgage  partially  made  on 
Sunday  and  perfected  on  secular  day. 
4  L.R.A.(N.S.)   1151. 

Effect  of  chattel  mortgagee  taking  posses- 
sion before  any  specific  right  or  hen  of 
creditors  has  attached  to  cure  original 
defect   in   execution.     25  L.R.A. (N.S.) 

no. 

IV.   Validity   generally. 

§  4.  Generally. 

Validity    as    against    creditors,    see    infra, 

Consult  also  L.R.A.  Digests  of  Cases. 


CHATTEL  MORTGAGE,  IV.— cont'd 
Effect  of  failure  to  file  on  record,  see  infra, 

§    17. 
Effect  of  filing  or  recording,  see  infra,  §  21. 

Validity  of  verbal  chattel  mortgage.  7 
L.R.A.  (N.S.)     418. 

Validitv  of  mortgage  partially  made  on 
Sunday  and  perfected  on  secular  day. 
4   L.R.A.(N.S.)    1151. 

Voidabilitv  of  chattel  mortgage  within  four 
months  previous  to  bankruptcy  given 
pursuant  to  executory  agreement  ante- 
dating such  period.  '  17  L.R.A. (N.S.) 
937. 

§  5.  Partial    invalidity. 

May  a  chattel  mortgage  fraudulent  as  to 
a  portion  of  the  property  be  up- 
held as  to  the  remainder.  13 
L.R.A.(N.S.)    921. 

§  6.  Pre-existing  debt  as  consideration 
for. 

As  against  other  creditors  or  equities.     33 

L.R.A.    305. 
To  give  rights  as  a  bona  fide  purchaser  or 
mortgagee.      19    L.R.A.    590. 

V.    Description   of   property. 

§  7.  Generally. 

On  sale  or  mortgage  of  future  crops.  23 
L.R.A.  458;  L.R.A.1917C,  22. 

Curing  of  insufficient  or  inaccurate  descrip- 
tion by  chattel  mortgagee  taking  pos- 
session before  any  specific  right  or 
lien  of  creditors  has  attached.  25 
L.R.A.  (N.S.)     117. 

VI.  Property  covered. 


21 


§  8.  Generally. 

On    buildings    upon    leased    premises 

L.R.A.  347. 
What  articles  are  included  in  such  general 

terms   as   appurtenances,   fixtures,   and 

the  like,  employed  in  chattel  mortgage. 

46  L.R.A.(N.S.)    206. 

§  9.  After-acquired  or  manufactured 
property. 

On  after-acquired  property,  generally.  1 
L.R.A.(N.S.)    451. 

Effect  of  mortgagee  taking  possession  before 
any  specific  right  or  lien  of  creditors 
has    attached.      25    L.R.A. (N.S.)     117. 

Voidability  of  mortgage  on  after-acquired 
property  given  within  four  months  of 
bankruptcy  pursuant  to  executory 
agreement  antedating  such  period.  17 
L.R.A.  (N.S.)    938. 

Efficacy  of  mortgage  on  chattels  to  be  man- 
ufactured or  acquired,  as  independ- 
ent articles,  and  not  as  the  in- 
crease or  fruits  of  existing  proper- 
ty.    18  L.R.A.  298. 

Effect  of  attempt  to  cover  after-acquired 
property  in  mortgage  of  merchandise 
with  provision  for  mortgagor's  posses- 
sion with  power  of  sale.  18  L.R.A. 
606. 


184 


INDEX  TO  L.R.A.  NOTES. 


14    L.R.A, 


CHATTEL  MORTGAGE,  VI.— cont'd 
§  10.  Future  earnings. 

Future    accounts    or    earnings 

126. 
Of  future  cariiingH  of  threshing  outfit.     20 

L.R.A.(N.S.)  505. 


23 


§11.  Future  crops. 

Mortgage  of  future  and  growing  crops 
L.R.A.449;  L.R.A.1917C,  8. 

On  crops  to  bo  grown  on  land  on  which 
mortgagor  lias  no  present  interest.  19 
L.R.A.(N.S.)   910;  L.R.A.1917C,  14. 


§  12.  Increase  of  animals. 

Does  chattel  mortgage  on  domestic  animals 
cover  their  increase  when  not  men- 
tioned  therein.     14   L.R.A.  (N.S.)    43L 

Title  to  increase  of  animals  as  between 
mortgagee  of  dam  and  other  claim- 
ants.    17  L.R.A.  82. 

Necessity  that  increase  of  animals  be  in 
gestation  at  time  of  execution  of  mort- 
gage in  order  to  be  covered  thereby. 
17  L.R.A.(N.S.)   203. 


VJI.'  Rights  and  remedies  of  creditors. 

§13.  Generally. 

Effect  of  failure  to  record,  see  infra,  §  17. 

Governing  law  of,  as  aflFected  by  fraud 
against  creditors.  11  L.R.A.  (N.S.) 
1007. 

Pre-existing  debt  as  consideration  as 
against  other  creditors.    33  L.R.A.  305. 

May  mortgage  for  an  actual  contempora- 
neous loan  be  set  aside  as  fraudulent 
against  creditors.  26  L.R.A.  (N.S.) 
1068. 

Is  cliattel  mortgage  within  scope  of  sales 
in  bulk  law.     12  L.R.A. (N.S.)   178. 

Garnishment  of  claim  to  surplus  on  chattel 
mortgage.     59  L.R.A.  370. 

Admissibility  of  declarations  by  mortgagor 
made  out  of  court  as  to  his  purpose 
in  making  mortgage  attacked  as  fraud- 
ulent as  against  creditors.  41  L.R.A. 
(N.S.)    1. 


§14.  Permitting  mortgagor  to  retain 
possession   generally. 

Law  governing  necessity  of  change  of  pos- 
session.    64  L.ltA."  355,  361. 

Necessity  for  change  of  possession  to  up- 
hold sale  under,  as  against  creditors 
of  former  owner.  36  L.R.A.  (N.S.) 
1018. 

Setting  aside  pledged  or  mortgaged  prop- 
erty retained  by  pledgor  or  mortgagor 


CHATTEL  MORTGAGE,  VII.— cont'd 
§    14a.  — witli    power   of    sale. 

Effect  of  statutes  making  fraud  a  question 
for  the  jury  where  mortgagor  of  mer- 
chandise   is    left    in    possession    with 
power   of   sale.      18   L.R.A.   611. 
Validity  of  a  chattel  mortgage  of  stock  of 
merchandise  as  affected  by  a  pro- 
vision   or    agreement    giving    the 
mortgagor     the     possession,    with 
power  of  sale.     18  L.R.A.  604;   3(i 
L.R.A.  (N.S.)    1181. 


§  15.  Effect  of  mortgagee's  taking  pos- 
session. 

Effect  of  chattel  mortgagee  taking  posses- 
sion before  any  specific  right  or 
lien  of  creditors  has  attached  to 
cure  origina'  defect  in  mortgage 
as    against    creditors.      25    L.R.A. 

(N.S.)  no. 


VIII.  Filing;  recording;  renewal. 

§16.  Generally. 

Extraterritorial  force  of  record.     17  L.R.A. 

127. 


§  17.  Necessity  of. 

Failure  to  record  as  fraud  on  other  credit- 
ors.    31  L.R.A.  638. 

Necessity  of  recording  mortgage  of  future 
crops.     23  L.R.A.  463. 

When  local  law  deemed  to  require  register- 
ing or  recording  of  a  transfer  within 
§  60  a.  of  the  Bankruptcy  law.  5 
L.R.A.(N.S.)  148;  18  L.R.A.  (N.S.) 
1233. 

Effect  of  chattel  mortgagee  taking  posses- 
sion before  any  specific  right  or  lien 
of  creditors  has  attached  to  cure  fail- 
ure to  record.     25  L.R.A. (N.S.)    115. 

Validity  of  statute  or  ordinance  requiring 
persons  engaged  in  the  business  of  loan- 
ing money  on  chattel  security  or  se- 
curity of  wages  to  file  a  record  of  loans 
made.     25  L.R.A. (N.S.)   686, 


§18.  Sufficiency. 

Sufficiency  of  record  notice  of  mortgage  on 
chattels  to  be  manufactured  or  ac- 
quired as  independent  articles  and  not 
as  the  increase  or  fruits  of  existing 
property.     18  L.R.A.  303. 


§  19.  Time. 

First  and  last  davs  in  computing  time  for. 
49   L.R.A.   243. 
on    his    own    premi.^es.    or    under    his  '  Chattel  mortgage  not  filed  before  death  of 
own  control,  as  a  delivery  or  change  |  mortgagor.    L.R.A.1918A,  327. 

of  possession.     25  L.R.A.  (N.S.)   525.      1 
Retention   of   possession    by   mortgagor    as  |  §  20.  Place. 

badge  of  fraud  in  case  of  mortgage  of    Necessity    of    filing   or    recording    in    state 
future  crops.    L.R.A.1917C,  16.  '  where  property  located.    64  L.R.A.  361. 

Begin   trith  f/jfs  hooh-  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


186 


CHATTEL  MORTGAGE,  VIII.— cont'd 
Necessity  of  recording  mortgage  in  state  to 
which  property  is  subsequently  re- 
moved. 64  L.R.A.  356;  6  L.R.A.(N.R.) 
940;  35  L.R.A.(N.S.)  386;  L.R.A.1917D, 
942. 

§  21.  Effect. 

Effect  of  recording  mortgage  of  future 
crops.     23   L.R.A.  463. 

Effect  of  recording  on  validity  of  mortgage 
of  merchandise  leaving  mortgagor  in 
possession  with  power  of  sale.  3  8 
L.R.A.   610. 

Retroactive  effect  of  filing  chattel  mort- 
gages for  record  in  regard  to  liens  ac- 
quired on  the  same  property  after  the 
execution  of  the  mortgage.  33  L.R.A. 
163. 

Effect  of  recording,  within  four  months' 
period  prescribed  in  bankruptcy  act  of 
1898,  mortgage  given  for  a  present  loan 
or  future  advances.  25  L.R.A.  (N.S.) 
144. 

Recording  mortgage  as  notice  of  rights  of 
mortgagee  to  agent  selling  or  disposing 
of  property  intrusted  to  him  by  his 
principal.     50  L.R.A. (N.S.)   58. 

Effect  of  filing  chattel  mortgage  after  giving 
of  subsequent  mortgage,  but  before  fil- 
ing of  the  same.     L.R.A.1916D,  244. 

§  22.  Renewal. 

Failure  to  renew  chattel  mortgage  as 
affecting  purchaser  or  encumbrancer  of 
property  before  lien  of  mortgage  had 
expired.     47  L.R.A.  (N.S.)   668. 

IX.    Effect   generally. 

§   23.  Generally. 

Effect  of  mortgage  of  future  crops.  23 
L.R.A.   465. 

Effect  of,  to  create  a  maritime  lien.  70 
L.R.A.   417. 

Effect  of  instrument  in  form  of  chattel 
mortgage  to  create  a  lien  on  real  es- 
tate.     11   L.R.A.(N.S.)    869. 

Assumption  of  individual  debts  of  partner 
by  mortgage  of  partnership  property. 
29  L.R.A.  092. 

Mortgage  of  receipts  or  property  as  indebt- 
edness within  meaning  of  debt  limit 
provision.  37  L.R.A.  (N.S.)  1085; 
L.R.A.1917E,  447. 

Mortgaging  property  as  a  ground  of  at- 
tachment.    30  L.R.A.   479. 

Mortgaging  chattel  as  waiver  of  purchaser's 
right  to  return.     38  L.R.A. (N.S.)   1035. 

Relief  from  mistake  of  law  as  to  effect  of. 
28  L.R.A.  (N.S.)   826. 

§  24.  Efficacy  of  mortgage  on  fixtures. 

Generally.      15   L.R.A.   56. 

As  against  mortgagor  and  persons  consent- 
ing to  or  recognizing  them  as  valid. 
15  L.R.A.   50. 

Consult  also  L.R.A.  Digests  of  Cases. 


CHATTEL  MORTGAGE,  IX.— cont'd 

As  against  landlord.     15  L.R.A.  56. 

As  against  real-estate  mortgage.  15  L.R.A. 
57. 

Effect  of  execution  of  chattel  mortgage  be- 
fore annexation.     15   L.R.A.  57. 

Effect  of  agreement  that  articles  shall  re- 
main chattels.     15  L.R.A.  58. 

Execution  of  mortgage  as  evidence  of  agree- 
ment.     15   L.R.A.   59. 

Effect  of  chattel  mortgage  as  against  sub- 
sequent purchaser  or  encumbrancer.  15 
L.R.A.  61. 

Filing  mortgage  as  constructive  notice.  15 
L.R.A.  61, 

Prior  New  Hampshire  decisions.  15  L.R.A. 
63. 

Right  of  seller  of  chattel  who  retains  title 
and  takes  mortgage  for  purchase  price 
as  against  purciiaser  of  realty  to  which 
it  is  affixed  by  owner.  49  L.R.A- (N.S.) 
396. 


X.  Rights  of  parties;  'priorities. 

I  §  2  5.  Generally. 

Rights  of  mortgagee  of  bailee  to  claim  title 
as  against  the  bailor.  25  L.R.A. (N.S.) 
782. 

Rights  of  mortgagee  of  conditional  vendee, 
to  assert  title  as  against  conditional 
vendor.    25  L.R.A. (N.S.)   789. 

Effect  of  death  of  mortgagor  in  possession 
upon  right  of  mortgagee  under  chattel 
mortgage.     21   L.R.A.  (N.S.)    182. 

Forfeiture  of  rights  of  innocent  mortgagee 
in  property  used  in  violation  of  law. 
L.R.A.1916E,  343. 

Agreement  between  landlord  and  tenant  for 
removal  of  fixtures  by  latter  as  affect- 
ing rights  of  mortgagee  of  fixtures. 
L.R.A.1915E,   828. 

Effect  of  unlawful  seizure  of  property  by 
mortgagee  assuming  to  act  under  mort- 
gage.    L.R.A.1915E,  193. 

Right  of  mortgagee  of  ship  to  take  posses- 
sion.    4  B.  R.  C.  529. 

Right  of  mortgagee  of  ship  as  to  freight. 
4  B.  R.  C.  538. 


§2  6.  Effect  of  "danger,"  "safety,"  or 
"insecurity"  clause. 

Generally.     17  L.R.A.  209;  23  L.R.A.  780; 

19  L.R.A. (N.S.)   915. 
Right  to  interfere  with  third  persons.     23 

L.R.A.   780. 
Effect  of  taking  possession.    23  L.R.A.  781. 
How  far  right  is  without  control.    23  L.R.A. 

781. 
The  effect  of  malice.     23  L.R.A.  783. 
Facts  which  justify  taking  possession.     23 

L.R.A.    783. 
Selling.     23  L.R.A.  784. 
Construction    of    different    provisions    and 

circumstances.      23    L.R.A.    784. 
Other  rights  conferred.     23  L.R.A.  784. 
Acceleration  provision  as  affecting  negotia- 
bility of  notes.     35  L.R.A. (N.S.)    390; 

L.R.A.1915B,  473. 


186 


INDEX  TO  L.R.A.  NOTES. 


-cont'd 


CHATTEL  MORTGAGE,  X. 
§  27.  Priorities. 

Priority  of  mortgages  on  buildings  upon 
loascd  premises.     21   L.R.A.  348. 

Priority  between  mortgage  of  land  includ- 
ing profits  and  subsequent  chattel  mort- 
gage on  crops.    L.R.A. 1917C,  51. 

Priority  as  between  agister's  lien  and  chat- 
tcrmortgage.    17  L.R.A.  792;  12  L.R.A. 

(N.s.)    :no. 

Right  of  seller  of  chattel  retaining  title 
thereto  or  a  lien  thereon  as  against 
existing  mortgagees  of  the  realty 
to  which  it  is  affixed  by  the  owner. 
37    L.R.A.(N.S.)    119. 

Rights  of  seller  of  fixtures,  retaining  title 
tlicroto  or  a  lien  thereon,  as  against 
purchasers  or  encumbrancers  of  the 
realty.     1  B,  R.  C.  664. 

Priority  as  between  a  chattel  mortgagee 
who  surrenders  mortgage  and  accepts 
new  form  of  security  on  same  property, 
and  an  intervening  lienor,  26  L.R.A. 
(N.S.)  496. 

Retroactive  effect  of  filing  chattel  mortgage 
for  record  in  regard  to  liens  acquired 
on  same  property  after  execution  of  the 
mortgage.     33  L.R.A.  163. 

Priority  of  right  of  mortgagee  of  ship  as 
to  freight.     4  B.  R.  C.  545. 

EflFect  of  filing  chattel  mortgage  after  giv- 
ing subsequent  mortgage  but  before 
filing  of  the  same.     L.K.A.1916D,  244. 

Priority  as  between  lien  of  chattel  mortgage 
and  claim  of  one  taking  animals  dam- 
age feasant.     L.R.A.1916E,  528. 

Priority  of  lien  for  services  on  personal 
property  over  prior  chattel  mortgage. 
L.R.A.1915D,  1149. 


XI.  Sale  or  removal  of  mortgaged 
chattels, 

§  28.  Generally. 

Validity  of  sale  of  mortgaged  property  in 
violation  of  law.     12  L.R.A.(N.S.)  599. 

Personal  liability  of  purchaser  of  property 
subject  to  mortgage.    59  L.R.A.  737. 

Injunction  against  execution  sale  of  mort- 
gaged chattels.     30   L.R.A.   125. 

Necessity  of  refiling  or  re-recording  in  state 
to  which  property  removed  after  execu- 
tion of  mortgage.  64  L.R.A.  356;  6 
L.R.A.  (N.S.)  940;  35  L.R.A.(N.S.) 
386;  L.R;A.1917D,  942. 

Mortgagee's  consent  to  the  removal  of 
mortgaged  property  from  state  as  af- 
fecting his  lien.  6  L.R.A.(N.S.)  940; 
L.R.A.1917D,  942. 

Failure  to  renew  chattel  mortgage  as  affect- 
ing purchaser  of  property  before  lien 
of  mortgage  had  expired.  47  L.R.A. 
(N.S.)  668. 

Sale  of  mortgaged  chattels  by,  or  with  con- 
sent of,  mortgagee,  and  application  of 
proceeds  to  payment  of  mortgage,  as 
a  foreclosure  cutting  off  intervening 
liens.    45  L.R.A. f N.S.)   1137. 

Begin  with  this  book  on  every  law  question 


CHATTEL  MORTGAGE,  XL— cont'd 

Consent  to  sale  of  property  by  mortgagor 
after  the  mortgage  is  given  as  waiver 
of  lien.     43  L.K.A.(N.S.)   302. 

Waiver  of  lien  by  accepting  proceeds  of  sale 
of  property.     L.K.A.1917A,  1262. 

Right  of  lienor  to  proceeds  wiicre  property' 
is  sold  with  his  consent  under  agree- 
ment that  proceeds  shall  be  applied 
toward  payment  of  debt.  L.R.A.1915C, 
166. 

XII.    Assignment;    discharge;    loss    or 
waiver  of  lien. 

§  29.  Assignment. 

Rights  of  assignee  as  against  subsequent 
bona  fide  purchaser  or  encumbrancer 
relying  on  apparent  discharge  by  mort- 
gagee.    15  L.R.A. (N.S.)    1025. 

Effect  of  assignment  of  mortgage  by  or 
with  consent  of  mortgagor  to  third  per- 
son after  payment  of  debt  originally 
secured.     27    L.R.A. (N.S.)    111. 

§30.  Discharge,  loss,  or  waiver. 

By  sale  or  removal  of  property,  see  supra, 
§  28. 

Renewal  of  notes  as  discharge  of  chattel 
mortgage.      35    L.R.A.  (N.S.)    89. 

Rights  of  assignee  as  against  subsequent 
bona  fide  purchaser  or  encumbrancer 
relying  on  apparent  discharge  of  mort- 
gage by  mortgagee.  15  L.R.A. (N.S.) 
1025. 

Who  may  make  a  tender  which  will  dis- 
charge the  lien  of  a  mortgage.  L.R.A. 
1918C,  186. 

Waiver  of  lien  of,  by  attachment  or  execu- 
tion. 50  L.R.A.  714;  24  L.R.A. (N.S.) 
490;  51  L.R.A.(N.S.)  1068. 

§   31.  —  effect  of  unaccepted  tender. 

Generally.     33  L.R.A.  235. 

Before  and  at  maturity.     33  L.R.A.  235. 

After  maturity.     33  L.R.A.  235;    15  L.R.A. 

(N.S.)    1165. 
By  whom  made.    33  L.R.A.  236. 
Sufficiency.     33  L.R.A.  236. 
Equivalent  of  tender.     33  L.R.A.  237. 
Remedy  of  the  mortgagor.     33  L.R.A.  237. 

XIII.  Enforcement;  rem,edies. 

§32.  Generally. 

Amount  in  dispute  in  case  of  injunction  to 
restrain  enforcement  of,  against  specific 
property.     61  L.R.A.  785. 

Attempt  to  enforce  lien  under  clause  in  a 
lease  giving  landlord  a  lien  on  crops 
and  chattels  as  election  preventing  its 
enforcement  as  a  chattel  mortgage.  20 
L.R.A.(N.S.)  259. 

Chattel  mortgagee  as  real  party  in  interest 
by  whom  action  relating  to  property 
must  be  brought.     64  L.R.A.  618. 

Insisting  on  cash  sale  under  a  chattel  mort- 
gage.    40  L.R.A.(N.S.)    027. 

Foreclosure  of  chattel  mortgage  when  prop- 
erty is  out  of  state.  39  L.R.A. (N.S.) 
627. 


INDEX  TO  L.R.A.  NOTES. 


187 


CHATTEL  MORTGAGE,  Xlli.— cont'd 

Sale  of  mortgaged  chattels  by  or  with  con- 
sent of,  mortgagor,  and  application  of 
proceeds  to  payment  of  mortgage,  as  a 
foreclosure  cutting  oif  intervening  liens. 
45  L.R.A.(N.S.)    ]]37.       . 

Liability  for  use  of  leased  premises,  of 
chattel  mortgagee  seizing  tenant's 
goods  or  cliattels.  43  L.R.A.(N.S.) 
527. 

May  a  power  of  sale  be  implied  where  a 
mortgage  gives  no  express  power.  3 
B.  R.  C.  921. 


CHATTELS. 


Mortgage  on,  see  Chattel  Moktgage. 
In  general,  see  Personal  Property. 

Convevaiice     of     chattels     held     adversely. 
L^R.A.1916E,    72. 


♦-•"♦ 

CHAUFFEUR. 

See  Automobiles. 

♦ » » 


CHEATING. 

Illegal  intent  of  prosecutor  as  aflfecting 
guilt  of  obtaining  property  by.  17 
L.R.A.(N.S.)    276. 

Cruel  and  unusual  punishment  of.  35 
L.R.A.  571. 


CHECK    ROOM. 


Liability  of  carrier  for  loss  of  property  in. 

18  L.R.A.(N.S.)    295;   29  L.R.A.  (N.S.) 

834. 
Liability  of  innkeeper  for  loss  of  goods  fi'om. 

L.R.A.1918C,  674. 


CHECKS. 

§  1.  Generally. 

Duty  and  liability  of  bank  with  respect  to, 

see  Banks,  §§  22-26,  31-35. 
Collection  of,  by  banks,  see  Banks,  §§  31- 

35. 
As  to  bills  and  notes,  see  Bills  and  Notes. 
Gift  l)y,  see  Gift,  §  4. 
Sufficiency  of  tender  of,  see  Tender,  §  5. 
As    to    traveler's    checks,    see    Traveler's 

Checks. 

As  subject  of  gift  by  maker.  27  L.R.A. 
(N.S.)-  308. 

Banking  customs  as  to.     21  L.R.A.  443. 

Tender  by.     36  L.R.A. (N.S.)   232. 

Discrepancy  between  words  and  figures  in 
the  body  of  a  check  describing  the 
amount  thereof.     L.R.A.1918C,  331. 

Consult  also  L.R.A.  Digests  of  Cases, 


CHECKS—cont'd 

Right  of  holder  of  check  to  maintain  action 
thereon  against  bank.  L.R.A. 1916C. 
165. 

Effect  of  death  of  drawer  of  check  as  a 
revocation  thereof.  43  L.R.A.  (N.S.) 
109;   L.R.A.1916A,  717. 

Power  of  president  of  corporation  as  to 
drawing.     14   L.R.A.   357. 

Right  of  payee  of  check  to  sue  drawer 
thereon  instead  of  on  original  consid- 
eration.    21   L.R.A. (N.S.)    704. 

Risk  of  giving  second  check,  upon  alleged 
loss  of  first.     29  L.R.A. (N.S.-)    623. 

Riglit  of  holder  of  draft  or  check  as  against 
receiver  of  drawer,  as  affected  by  provi- 
sion of  negotiable  instrument  law,  that 
check  shall  not  operate  as  assignment. 
2   L.R.A.(N.S.)    83. 

Rights  and  duty  of  one  receiving  check 
payable  to  his  own  order  from  hands 
of  one  not  a  party  thereto.  31  L.R.A, 
(N.S.)    613. 

Obtaining  check  by  false  pretenses.  L.R.A. 
1916E,  1106. 

Mere  drawing  of  check  on  bank  in  which 
drawer  has  no  funds  or  credit,  and 
passing  same,  as  false  pretense.  17 
L.R.A.(N.S.)  244;  27  L.R.A.  (N.S.) 
1032;  62  L.R.A. (N.S.)   919. 

Giving  post-dated  check  as  s,  false  pretense. 
41   L.R.A.(N.S.)    173. 

Check  as  subject  of  larceny  or  embezzle- 
ment.   42  L.R.A. (N.S.)  498. 

Personal  liability  of  one  who  signs  check 
by  adding  words  indicating  represen- 
tative capacity  to  his  signature.  42 
L.R.A.  (N.S.)  26,  32,  43. 

Exemption  from  state  taxation  of  checks 
given  for  interest  on  obligations  of 
Federal  government.  5  L.R.A. (N.S.) 
608. 

Limitation  of  actions  on.     22  L.R.A.   110. 


§  2.  What  are. 

Drafts  on  bank  as. 


23  L.R.A.  173. 


§  3.  Payable  to  imposter  or  flctitious 
person. 

Bills  and  notes  payable  to,  see  Bills  and 
Notes,  §§13,  14. 

Who  must  bear  loss  when  check  is  issued 
to  impostor.  50  L.R.A.  75;  17  L.R.A. 
(N.S.)    514;   38  L.R.A.(N.S.)    1111. 

Fictitious  payee  as  affecting  validity  of. 
39  L.R.A.  427. 

§  4.  Negotiability. 

Of  bill  or  note,  see  Bills  and  Notes,  §§  19- 
23. 

Definitions.     26  L.R.A.  568. 

Date  of  check.    26  L.R.A.  568. 

Notice.    26  L.R.A.  569. 

Payee.     26   L.R.A.   570. 

Proof.    26  L.R.A.  571. 

Lost  or  stolen  checks.     26  L.R.A.  571. 

Statutes.     26  L.R.A.  571. 

Payable  in  money.    26  L.R.A.  571. 

Possession.     26  L.R.A.  571. 

§  5.  Effect  of. 

As  accord  and  satisfagtion.    20  L.R.A,  791. 


188 


INDEX  TO  L.R.A.  NOTES. 


CHECKS — cont'd 

As  an  assignment  of  funds  drawn  upon.  2 
Tv.R.A.(N.S.)    83. 

When  may  clieck  be  admitted  to  probate 
or  otherwise  be  given  effect  as  a  will? 
41  L.R.A.(N.S.)    43. 

Check  as  affecting  garnishment  of  deposit. 
43  L.R.A.  (N.S.)    100. 

Effect  of  giving  check  for  an  indebtedness 
or  part  thereof,  to  toll  statute  of  limi- 
tations upon  tlie  original  indebtedness. 
18  L.R.A. (N.S.)   22.3. 

Effect  of  acceptance  of  check  for  part  of  a 
liquidated  and  undisputed  debt  as  a 
consideration  for  the  discharge  of  the 
whole.    L.R.A.1917A,  722. 

§  6.  Indorsement;  transfer. 

Of  bills  and  notes,  see  Bills  and  Notes, 
§§  26-42. 

Gift  of  check.    18  L.R.A.  855. 

Indorsement  "for  deposit."     23  L.R.A.  164. 

Power  of  agent  to  indorse.     27  L.R.A.  401. 

Indorsement  of  check  by  agent  in  a  man- 
ner not  contemplated  by  his  restricted 
authority.    L.R.A.1918B,  576. 

Effect  of  transfer  without  indorsement  of 
\vorthless  clieck  or  note  of  third  per- 
son.    10  L.R.A. (N.S.)  510. 

Remedy  of  payee  of  a  check  against  one 
who  has  taken  it  on  indorsement  of  un- 
authorized agent.  13  L.R.A.  (N.S.) 
211. 

Effect  of  transfer,  on  time  allowed  for  pre- 
sentment.    10  L.R.A, (N.S.)    1153. 

May  indorser  of  lost  check  maintain  an  ac- 
tion thereon.     24  L.R.A. (N.S.)    645. 

Bona  fides  of  purchaser  of  check  as  affected 
by  his  knowledge  that  there  are  no 
funds  to  meet  it.  39  L.R.A. (N.S.) 
1207. 

Release  of  indorser  by  delay  in  presenting 
check.     22  L.R.A.  785. 

Certification  of  check  as  release  of  drawer 
or  indorser.  9  L.R.A.(N.S.)  698;  29 
L.R.A. (N.S.)    205. 

Defense  against  check  transferred  after  ma- 
turity.    46  L.R.A.  808. 

Who  must  bear  loss  when  check  is  indorsed 
to  impostor.  50  L.R.A.  75;  17  L.R.A. 
(N.S.)    514;   38  L.R.A. (N.S.)    1111. 

Who  must  bear  loss  where  check  is  pur- 
chased upon  the  spurious  indorsement 
of  one  who  bears  tlie  same  name  as 
payee  or  indorsee.  34  L.R.A.(N.S.) 
1101. 

Effect  of  exchange  of  check  to  constitute 
one  a  holder  in  due  course  for  value. 
17   L.R.A. (N.S.)    747. 

Right  of  bank  to  set  off  unmatured  claim 
against  deposit  as  against  bona  fide 
holder  of  clieck.     27  L.R.A. (N.S.)    814. 

Effect  of  negotiation  prior  to  day  of  date 
to  put  purchaser  on  inquiry.  44  L.R.A. 
(N.S.)    405;   L.R.A.1918F,  1155. 

§  7.  Certification. 

Parol  certification.    7  L.R.A.  428. 

Effect  of   certification   of  postdated   check 

L.R.A.1917F,  1089. 
Ttegin   irith  this  hooh-  on  crerif  lair  question 


CHECKS— cont'd 

Certification  of  chock  as  release  of  drawer 
or  indorser.  16  L.R.A.  510;  9  L.R.A. 
(N.S.)    698;   29  L.R.A.  (N.S.)   205. 

Certifying  check  as  payment  of  debt  for 
which  given.     35  L.K.A.(N.S.)  35. 

Effect  of  transfer  without  indorsement  of 
worthless  certified  check  of  third  per- 
son.    10  L.R.A. (N.S.)  536. 

Right  of  drawer  to  stop  payment  of  certified 
check.    20  L.R.A.  (N.S".)   290. 

Limitation  of  actions  on  certified  check.  22 
L.R.A.   111. 

Right  of  holder  of  certified  check  to  main- 
tain action  thereon  against  bank. 
L.R.A.1916C,  171. 

Right  of  bank  in  respect  to  certified  check 
or  draft  fraudulently  altered.  4  B. 
R.  C.  588. 

Duty  of  owner  of  certified  check  as  to  giv- 
ing notice  of  forgery  independently  of 
examination  of  vouchers.  L.R.A.1916E, 
909. 

Right  of  drawee  of  forged  check  which  has 
been  certified  to  recover  money  paid 
thereon.     10  L.R.A. (N.S.)  69. 

§  8.  Payment. 

Stopping  payment,  see  Banks,  §  25a. 
Dishonor  of  check,  see  Banks,  §  26. 
Collection  of,  see  Banks,  §§  31-35. 
Of  bill  or  note,  see  Bills  and  notes,   S§ 

58-60. 
Payment  by  check,  see  Payment,  §  11. 

Powers  of  president  of  corporation  as  to. 
14  L.R.A.  ,357. 

Accepting  something  besides  money  as  pay- 
ment.   25  L.R.A.  200. 

Liability  of  one  to  wliom  an  insolvent  bank 
has  paid  a  check.  13  L.R.A. (N.S.) 
185;  50  L.R.A.(N.S.)   239. 

Effect  of  direction  on  check  to  pay  same 
through  specified  agency.  30  L.R.A. 
(N.S.)   097. 

Who  must  bear  loss  where  check  is  paid  on 
spurious  indorsement  of  one  bearing 
same  name  as  payee  or  indoree.  34 
L.R.A.(N.S.)    1101. 


§   9.  Presentment. 

Of  bill  or  note,  see  Bills  and  Notes, 
53. 


43- 


§   10.  — necessity. 

Of  bill  or  note,  see  Bills  and  Notes,  §  44. 

Necessity  of  actual  presentation  of  commer- 
cial paper  to  effect  its  dishonor.  13 
L.R.A.(N.S.)   303,    • 

Effect  of  loss  of  check  upon  right  of  holder 
to  recover  against  maker  without  pre- 
sentment,    14  L.R.A. (N.S.)    616. 

§   11.  — time;  delay  and  its  effect. 

Of  bill  or  note,  see  Bills  and  Notes,  §§  52, 
53. 

Effect  of  transfer  on  time  allowed  for.     10 

L.R.A.  (N.S.)    1153. 
Release   of   indorser   of   check   by   delay    m 
presenting  it.     22  L.R.A.  785. 


INDEX  TO  L.R.A.  NOTES. 


189 


CHECKS— cont'd 

Efifect  on  drawer's  liability  of  delay  in  pre- 
senting   check    where    drawee    re- 
mains solvent.     53  L.R.A.  432;    38 
L.R.A.(N.S.)    255. 
Time   of   closing  or   departure   as   affecting 
time  allowed  for  mailing  check  or  no- 
tice of   dishonor.     4  L.R.A. (N.S.)    132. 

§   12.  FDi'ged  paper. 

Rights  and  liabilities  of  bank  and  depositor, 

see  Banks,  §  24. 
Recovery    back    of    money    paid    on    forged 

check,  see  Banks,  §  29. 
Forgery    of    bill    or    note,    see    Bills    and 

Notes,  §  16. 
Forgery  of  as  a  crime,  see  Forgeby. 

Liability  of  person  whose  name  is  forged 
to,     36  L.R.A.  539. 

Right  of  bank  in  respect  to  certified  clieck 
or  draft  fraudulently  altered.  4  B.  R. 
C.   588. 

Duty  of  owner  of  certified  check  as  to  giving 
notice  of  forgery  independently  of  ex- 
amination of  vouchers.  L.R.A. 19J6E, 
909. 


CHECK   STUBS. 


Admissibility  of  memoranda  on. 
(N.S.)    727. 


42  L.R.A. 


CHEMICALS. 


Keepinsf  of,  on  insured  premises.  L.R.A. 
lOlTC,  278. 

Liability  for  injury  to  employee  from  ex- 
plosion of.     L.R.A.1918B,  863. 


CHEST, 

What  passes  under  bequest  of  contents  of. 
L.R.A.1915C,   658,   661. 


CHICKENS. 


Dutv  of  railroad  as  to  chickens  upon  tracks. 

■47  L.R.A.  (N.S.)    1125. 
Injunction     to     prevent     trespass    of,       48 

L.R.A,(N.S.)   179. 


CHIEF    OF    POLICE. 


Voluntariness  of  confession  to. 
(N.S.)    849. 


18   L.R.A. 


CHILD     LABOR, 


See  Master  and   Servant.    §§    12,   50,   51, 

55,   76-78,   122,   124. 
Consult  also  L.B.A.  Digests  of  Cases. 


CHILDREN. 

Limitations  to,  under  rule  in  Shelley's  Case, 

.    see  Deeds,  §  30;  Wills,  §  82. 
In    general,     see    Infants;     Parent    and 
Child. 

Does  term  "child"  or  "children"  in  statute 
governing  distribution  of  decedent's  es- 
tate include  adopted  children.  30 
L.R.A.(N.S.)    914;    L.R.A.1918F,   1082. 

Right  of  children  or  representative  of  de- 
ceased child  to  share  in  proceeds  of. 
policv  of  life  insurance  payable  to 
"child."    41  L.R.A.  (N.S.)  250. 

Extrinsic  evidence  to  establish  identity  of 
children  named  as  legatees  or  devisees 
in  will.     47  L.R.A.  (N.S.)    532. 

Right  of  adult  child  to  maintain  action  for 
death  of  parent  where  statute  gives 
right  of  action  to  "children."  L.R.A. 
1916E,  177. 


CHILLING   BIDDING. 


At  judicial  sale.     42  L.R.A. (N.S.)    1198. 


CHIMNEYS. 


Liability  for  fire  set  by  sparks  from  chim- 
ney.    32  L.R.A.(N.S.)    1003. 

Liability  of  landlord  to  third  persons  for 
fall  of.     26  L.R.A.  200. 

Landlord's  liability  for  injuries  from  de- 
fective condition  of.  4  L.R.A. (N.S.) 
1142. 

Liability  of  landlord  to  third  person  for 
smoking  chimney.     26  L.R.A.  201. 


CHINA. 

Jurisdiction  and  powers  of  consul  in  China 
in  civil  cases.     45  L.R.A.  486. 


CHINESE. 


Statute  creating  prima  facie  rule  of  evi- 
dence in  deportation  cases.  L.R.A. 
1915C,  736. 

Right  of  .a  Chinese  person  to  bail  in  depor- 
tation proceedings.  31  L.R.A.  (N.S.) 
1088. 

Constitutionality  of  discrimination  based 
on  race  or  color  in  police  regulations 
affecting  morality.  34  L.R.A. (N.S.) 
604. 

Validity  and  enforceability  of  contract  or 
covenant  in  relation  to  real  property 
which  discriminates  against  persons  be- 
cause of  race,  color,  or  religion.  L.R.A. 
1910B,  1208. 

How  far  use  of  mails  by  Chinese  physician 
is  fraudulent.     70  L.R.A.  989. 


190 


INDEX  TO  L.R.A.  NOTES. 


CHIROPODISTS. 

Application  to,  of  statutes  regulating  prac- 
tice of  medicine.    L.R.A.1917C,  827. 


CHIROPRACTIC. 


Application  of  statutes  regulating  the  prac- 
tice of  medicine  to  treatment  known 
as.  33  L.R.A.(N.S.)  179;  L.R.A.1917C, 
823. 


CHISELS. 

Master's  liability  for  injury  by  defect  in. 
13  L.R.A.(N.S.)  676;  51  L.R.A.(N.S.) 
338;  L.R.A.1918D,  1141. 


CHLOROFORM. 


Use  of,  as  affecting  responsibility  and  capac- 
ity.   39  L.R.A.  262. 


CHOICE. 

Between  different  kinds  of  action,  see  Elec- 
tion OF  Remedies,  §§  2-12. 


CHOLERA. 


Liability  of  carrier  for  loss  of  live  stock 
by  cholera  contracted  during  transit. 
26  L.R.A.(N.S.)  712. 


CHOSE  IN  ACTION. 

Assignment  of,  see  Assignment. 

Specific    performance    of    contract    as    to. 

L.R.A.1918E,  628. 
Attachment   of,    in    hands   of   assignee    for 

creditors.     26  L.R.A.  593. 
Equitable   remedy  to  subject  to   judgment 

after  return  of  no  property  found.     63 

L.R.A.  673;   15  L.R.A.(N.S.)   976. 
Voluntary   release  of   debt  as   fraud   upon 

creditors  of  releasor.    L.R.A.1918A,  404. 


CHRISTIAN  NAME. 


See  Name. 


CHRISTIAN  SCIENCE. 

Applicability  of  statute  regulating  prac- 
tice of  medicine.  3  L.R.A.(N.S.)  763; 
24  L.R.A.{N.S.)  103:  25  L.R.A.(N.S.) 
1297;  L.R.A.1917C,  827. 

Begin  irith  this  hook  on  every  haw  question. 


CHRISTIAN  SCIENCE— cont'd 

Effect  of  failure  to  provide  mtdical  attend- 
ance because  of  belief  in,  to  render 
one  guilty  of  manslaugliter.  6  L.R.A. 
(N.S.)    685;   45  L.R.A.(N.S.)    559. 


CHURCHES. 


Charitable  bequest  for,  see  Charities. 
Sale   of    liquor    within    prohibited    distance 

of,  see  Intoxicating  Liquors,  §  27. 
See  also  Religious  Societies. 

Mandatory  injunction  to  require  opening  of 

church.     20  L.R.A.  167. 
Power   of   state  or  municipality  to   forbid 

location  of  places  of  amusement  near. 

L.R.A.1916D,  99. 


CHURCH  PARSONAGE. 

See  Parish  House, 


CHURCH  WARDEN. 

Injunctive  relief  affecting.     3  L.R.A.(N.S.) 
861. 


CIDER. 

As  intoxicating  liquor.    20  L.R.A.  648. 
Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.(N.S.)  306. 


CIGARETTES. 


As  articles  of  commerce.     48  L.R.A.  230. 

Prohibition  or  regulation  of  the  manufac- 
ture, sale,  or  importation  of.  51  L.R.A. 
(N.S.)    562;   L.R.A.1918B,  988. 

Right  of  state  to  confiscate  cigarettes  im- 
ported for  personal  use.  4  L.R.A. 
(N.S.)  528. 


CIGAR  MAKERS'  UNION. 

Protection  of  trade  union  labels  or  trade- 
marks.   29  L.R.A.  200. 


CIGARS. 


Misrepresentation  as  to,  as  affecting  valid- 
ity of  trademark.     19  L.R.A.  55. 

Law  prohibiting  manufacture  of,  upon  cer- 
tain premises.     44  L.R.A. (N.S.)    46. 


INDEX  TO  L.R.A.  NOTES. 


191 


CINDERS. 

Liability  of  railroad  company  for  personal 

injury  to  person  struck  bv.     ]8  L.R.A. 

(N.S.)   241;  31  L.R.A.(N.S.)   983. 
Liability   of  elevated   railway  company  for 

personal    injury   by   falling   cinders   to 

person  on  surface  of  street.     42  L.R.A. 

(N.S.)    92. 
Right    to    compensation    for    consequential 

damages  to  property  from.     17  L.R.A. 

(N.S.)   1054. 


CINEMATOGRAPH. 


See  Moving  Pictures. 


CIPHER  MESSAGES. 

Duty  of  telegraph  company  with  respect  to. 
'41  L.R.A.(N.S.)  1196;  43  L.R.A. (N.S.) 
502. 


CIRCUIT  COURTS. 

Jurisdiction    of    civil    actions    against    con- 
suls.    45  L.R.A.  581. 


CIRCUIT  COURTS  OF  APPEALS. 

Review  of  decision  of,  by  Supreme  Court  on 
certiorari.     50  L.R.A.  801. 


CIRCULARS. 


Admissibility   of,   as   proof   of   partnership. 

20  L.R.A.  598. 
Publication    by,    of    matters    derogatory    to 

parties    to    litigation    as    contempt    of 

court.     2  B.  R.  C.  498. 


CIRCULATING  NOTES. 

Effect  of  transfer  without  indorsement  of 
worthless  circulating  note  to  third  per- 
son.     10   L.R.A. (N.S.)    526. 

Validity  of  contract  as  to,  which  violates 
statute.     12  L.R.A. (N.S.)   610. 


CIRCUMSTANTIAL  EVIDENCE. 

Admissibility  of,  see  Evidence,  §  271. 
Weight  of,  see  Evidence,  §§  293,  319. 

Of  guilt  of  burglary  by  one  in  possession 
of  recently  stolon  property.  12  L.R.A. 
(N.S.)    220. 

Consult  also  L.B.A.  Digests  of  Cases. 


CIRCUMSTANTIAL  EVIDENCE— cont'd 
Character    and    reputation    of    deceased    as 

affecting   homicide   in   cases   depending 

on.     3   L.R.A. (N.S.)    362. 


CIRCUS. 

Liability  of  proprietor  for  injury  to  patron. 
1  L.R.A.(N.S.)  427;  32  L.R.A.(N.S.) 
713. 

Contract  exempting  railroad  company  from 
liability  for  negligent  injury  to  em- 
ployee of  circus  company.  11  L.R.A. 
(N.S.)  432;  50  L.R.A.  (N.S.)  433; 
L.R.A.1917D,  650. 


CITATION. 


On  appeal  or  writ  of  error  to  or  from  iFed- 
eral    Supreme   Court.     66   L.R.A.    843. 


CITIZENS. 


Corporations  as,  see  Corporations,  §  10. 
See  also  Citizenship;    Taxpayers. 

Privilege  of  comment  upon  conduct  of  citi- 
zen deemed  to  be  acting  in  opposition 
to  public  welfare.    L.R.A.1917E,  516. 

Internment  of  naturalized  citizens.  7  B.  R. 
C.  772. 


CITIZENSHIP. 


§  1.  Generally. 

Jurisdiction  as  affected  by,  see  Courts, 
§  19-26. 

Presumptions  and  burden  of  proof  as  to,  see 
Evidence,  §  23. 

Removal  of  cause  to  Federal  Court  on 
ground  of  diverse  citizenship,  see  Re- 
moval of  Causes,  §§  7-9. 

See  also  Domicil  and  Residence. 

Libel  by  charging  that  officer  or  candidate 
for  office  is  not  a  citizen.  L.R.A.1918E, 
27. 

As  affecting  governing  law  in  action  for 
death  or  bodily  injury.     56  L.R.A.  218 

As  a  qualification  of  grand  juror.  28 
L.R.A.  196. 

Question  relating  to  citizenship  as  Federal 
question.     62  L.R.A.  537. 

Presumption  of,  from  residence.  8  L.R.A. 
(N.S.)   1245. 

Constitutionality  of  requirement  that  hold- 
er of  liquor  license  must  be  resident  of 
state.     16  L.R.A. (N.S.)    1033. 

Who  may  raise  objection  that  statute  con- 
tains an  unconstitutional  discrimina- 
tion based  on  citizenship.  32  L.R.A. 
(N.S.)    958. 

§  2.  Who   are   citizens. 

Of  corporation,  see  Corporations,  §  10. 
For    purpose    of    jurisdiction     of     Federal 
Court,  see  Courts,  §§  42,  43. 

Effect  of  marriage  on  woman's  status  as  an 
alien.     L.R.A.1916D,  132. 


102 


INDEX  TO  L.R.A.  NOTES. 


CITIZENSHIP— confd 

Status  of  person  who  has  devested  himself 

of  niitional  character  without  acquiring 

a  new  one.     7  15.  R.  C.  887. 

§  8.  Rights  of  citizens. 

Ripht  of  citizen  to  locate  mining  claim.     7 
L.R.A.  (N.S.)   812. 


CITY. 

See  Municipal  Corporations. 
♦-•-♦ 


CITY  COMPTROLLER. 

Clmracter  and  extent  of  relief  by 
mus  against.     7  L.R.A. (N.S.) 


manda- 
525. 


CITY  HALL. 


Power  of  municipality  to  construct  for  pur- 
poses other*  than  use  by  public  officers. 
26  L.R.A. (N.S.)    425. 

Liability  for  municipality  for  torts  in  con- 
nection  with.     2.)   L'.R.A.(N.S.)    91. 


CIVIL  ACTION. 


Arrest  in,  see  Arrest,  §  9. 
In  general,  see  Action  or  Suit. 


CIVIL  DAMAGE  ACT. 


See  Intoxicating  Liquors,  §  41. 


CIVIL    DEATH. 


§  1.  By  conviction  of  crime. 

Law  as  to,  in  United  States.    18  L.R.A,  82. 

Effect  of  civil  death  of  debtor  after  judg- 
ment upon  the  remedy  by  execution. 
01  L.R.A.  386. 

Effect  of  civil  death  on  gift  conditioned  up- 
on contingency  of  death  of  devisee  or 
legatee  without  child  or  issue.  25 
L.R.A.(N.R.)    1045. 

Effect  of  civil  death  on  contingency  of  death 
of  legatee  or  devisee  without  child  or 
issue  on  which  a  gift  is  conditioned. 
25  L.R.A. (N.S.)  1172. 

At  what  time  does  suspension  of  civil  or 
political  rights  of  one  under  sentence 
commence.     17  L.R.A. (N.S.)    .502. 

Effect  of  conviction  and  sentence  upon  mar- 
riage relation.     31  L.R.A.  515. 

Effect  of  suspension  of  sentence  upon  right 
to  vote.     18  L.R.A. (N.S.)   684. 

Restoration  of  right  to  vote  by  service  of 
sentence  upon  conviction  for  crime.  32 
L.R.A.(N.S.)   418. 

Capacity  of  convict  to  contract.  -  52  L.R.A 
(N.S.)  320. 

Begin  xcith  this  book  on  every  Imc  queaUon. 


CIVIL  DEATH— cont'd 

§  2.  By    dissolution   of   corporation. 

Dissolution  of  corporation  as  affecting  lia- 
bility for  running  contract  for  services. 
69  L.R.A.  137. 


CIVIL  ENGINEER. 


Authority  of,  to  contract  for  services  of  oth- 
er  persons.     L.R.A.1918F,    71,    73,   77. 


CIVIL  POWER. 


Discretion  and  authority  of  military  when 
called  to  aid.    65  L.R.A.  198. 


CIVIL  RIGHTS. 


§  1.  Generally. 

As  to  passengers,  see  Carriers,  §  43. 
Civil  death  of  convict,  see  Civil  Death. 
In  schools,  see  Schools,  §  7. 
Civil  death  of  convict,  see  Civil  Death. 


to   equal    privileges,    im- 
protection.       14    L.R.A. 


Right  of  negroes 
munity,  and 
579. 

Constitutionality  of  discrimination  based 
on  race  or  color  in  police  regulations 
affecting  morality.  34  L.R.A. (N.S.) 
604. 

At  what  time  does  suspension  of^civil  rights 
of  one  under  sentence  commence.  17 
L.R.A.(N.S.)   502. 

Who  is  a  negro,  mulatto,  or  person  of  color 
within  statutes  not  specificallv  defining 
same.  31  L.R.A.  (N.S.)  180;  L.R.A. 
1915A,  828. 

Forbidding  burial  of  negroes  in  cemetery 
controlled  bv  white  persons.  7  L.R.A. 
(N.S.)   155;"L.R.A.1917B,  948. 

Right  of  educational,  charitable,  or  reli- 
gious institution  to  exclude  person  on 
account  of  race  or  color.  24  L.R.A. 
(N.S.)   447. 

Question  relating  to,  as  a  Federal  question. 
62  L.R.A.  538. 

Removal  of  cause  to  Federal  court  because 
of  discrimination  against  negroes.  53 
L.R.A.  574. 

Who  may  raise  objection  that  statute  con- 
tains unconstitutional  discrimination 
based  on  race.    32  L.R.A. (N.S.)  960. 

Validity  of  segregation  statute  or  ordinance 
prohibiting  persons  of  different  race  or 
color  from  living  in  samp  locality.  47 
L.R.A.(N.S.)  1087;  L.R.A.1915D;  684; 
L.R.A. 1918C,  220. 

Right  of  innkeeper  to  refuse  to  accept  one 
as  a  guest  on  account  of  race  or  color. 
52  L.R.A.(N.S.)   744,  745. 

Wliat  are  places  of  public  accommodation, 
within  the  meaning  of  civil  rights 
acts.  9  L.R.A.  (N.S.)  601;  L.R.A.1918F, 
829. 

§  2.  In  places  of  amusement. 

What  are  places  of  amusement  within  civil 
rights  acts.  19  L.R.A.  (N.S.)  907: 
L.R.A.1918F,  829. 


INDEX  TO  L.R.A.  NOTES. 


193 


CIVIL  RIGHTS— cont'd 

Humiliation  as  element  of  damages  for 
exclusion  from  place  of  amusement  be- 
cause of  race  or  color.  34  L.R.A. 
(N.S.)   1242. 

§  3.  Right  of  suffrage. 

See  Elections,  §§  1-8. 

§  4.  As  to  jury. 

Negroes  as  grand  jurors.     28  L.R.A.  204. 

Removal  of  cause  from  state  to  Federal 
court  because  of  discrimination  against 
negroes  as  jurors.     53  L.R.A.  574. 


Civil,-    SERVICE. 


§  1.  Generally. 

Constitutionalitj'  of  civil  service  laws,  see 

CONSTITtJTIONAL  Law,    §   59. 

Right  to  compel  public  employees  to  sub- 
mit to  physical  examination  to  deter- 
mine fitness.     33  L.R.A. (N.S.)    259. 

Course  to  be  pursued  when  some  of  the  per- 
sons certified  from  eligible  list  do  not 
appear,  are  ineligible,  or  decline  ap- 
pointment.    L.R.A.1918A,  842. 

§  2.  Veterans. 

Validity  of  statute  giving  veterans  prefer- 
ence in  appointment  to  office.  10 
L.R.A. (N.S.)    825. 

Power  of  legislature  to  require  municipali- 
ty to  pension  veterans.  34  L.R.A. 
(N.S.)  608. 


CIVIL   SERVICE  COMMISSION. 

Delegation  of  power  to  civil  service  com- 
missioners, see  CoNSTiTUTioNAi.  Law, 
§   14. 


CLAIM  AGENT. 


Implied  authority  of,  to  promise  employ- 
ment to  induce  settlement  of  claim.  38 
L.R.A.(N.S.)   826. 

Authority  of,  to  contract  for  services  of  oth- 
er persons.     L.R.A.1918F,  60. 


^•» 


CLAIM   AND   DELIVERY. 

In  general,  see  Replevin. 

Possessory    action    for    tax    receipts. 
L.R.A.(N.S.)    785. 


45 


CLAIMS. 

§   1.  Generally. 

Accord  and  satisfaction  of,  see  Accord  and 

Satisfaction. 
Alabama  claims,  see  Alabama  Claims. 
Against  estate  of  bankrupt,  see  Bankbupt- 

cy,  §§  24-31. 
Against  estate  of  insolvent,  see  Insolvency, 

§§   5-8. 
Consult  also  L.R.A.  Digests  of  Cases.    13 


CLAIMS— cont'd 

Against  carrier,  time  for  presenting,  see 
Carkiers,  §  133. 

Against  county,  see  Counties,  §§  9-11. 

Against  municipality,  see  Municipal  Cob- 
PORATIONS,    §§    102-107. 

Against  state,  see  States,  §§  13,  13a. 

Against  United  States,  see  United  States, 
§  4. 

Against  decedent's  estate,  see  Executobs 
AND  Administbatobs,  §§  33-46. 

Against  receiver,  see  Receivers,  IV. 
i  In  favor  of  estate  of  decedent,  see  Execu- 
tobs AND  Administbatobs,  §§  28,  29. 

In  favor  of  municipality,  see  Municipal 
Corporations,  §  108. 

In  favor  of  United  States,  see  United 
States,  §§  5,  6. 

Court  of  claims,  see  Courts,  §  45. 

Compromise  of  claim  for  death,  see  Death, 
§  14. 

Set-off  of  or  against,  see  Set-Ofp  and 
Counterclaim. 

Presentation  of  claim  for  delay  or  nonde- 
livery of  telegram,  see  Teleqbaphs, 
§  21. 

Mining  claims,  see  Mines.  .  .     ^      ,  ^, 

Impugning  claim  or  good  faith  of  cla,imant. 
L.R.A.1915E,  275. 

Power  of  corporate  president  to  settle  or 
surrender.     14  L.R.A.  359. 

Illegality  of,  as  defense  to  mandamus  to 
compel  payment  of  municipal  debt.  14 
L.R.A.  779. 

Valuation  and  adjustment  of  claims  against 
insolvent  insurance  company.  38 
L.R.A.  100. 

Power  of  consul  to  assert  claims  for  his 
citizens  and  country.    45  L.R.A.  496. 

Right  to  file  claim  against  estate  of  guar- 
dian after  termination  of  guardianship 
but  before  settlement  of  account.  26 
L.R.A.(N.S.)    793. 

Agreement  to  defend  against  as  mainte- 
nance.    1  B.  R.  C.  176. 

Constitutionality  of  statute  imposing  pen- 
alty or  added  liability  for  failure  of 
carrier  to  pay.  42  L.R.A. (N.S.)  106; 
L.R.A.1917B,  926. 

§  2.  Time  to  present. 

Right  to  compute  statutory  period  for  pres- 
entation of  claims  from  date  of  uling 
message.     34  L.R.A. (N.S.)    185. 


CLAIRVOYANCE. 


Application  to,  of  statutes  regulating  prac- 
tice of  medicine.     L.R.A.1917C,  828. 


CLASS. 

Legacy  to,  see  Wills,  §§  96-98. 

Right  of  member  of  class  to  maintain 
action  for  libel  based  on  charges 
against  the  class  to  whic'i  lie  belongs. 
23  L.R.A. (N.S.)  726;  25  L.R.A. (N.S.) 
382;   42  L.R.A. (N.S.)    870. 


194  INDEX  TO  L.R.A.  NOTES. 

CLASSICAL  EDUCATION. 


As  a  necessary   for  an   infant.     42  L.R.A. 
(N.S.)    1115. 


CLASSIFICATION. 


Of  cities,  see  Municipal  Corporations,  §  4. 
By  statutes,  see  Statutes,  §§  15-18. 
For  purpose  of  succession  tax,  see  Taxes, 
g  105. 


CLAW   BARS. 


Master's  liability  for  injury  by  defect  in. 
13  L.R.A.(N.S.)  681;  L.R.A.1918D, 
1141. 


CLEARANCE  CARD. 

Duty  to  give  to  discharged  employee,   see 
Master  and  Servant,  §  46. 


CLEARING. 


Life  tenant's  rights  as  to  clearing  land.    37 

L.R.A.  (N.S.)  770. 
Mechanics'  lien  for  clearing  land.     L.R.A. 

1917D,  353. 


^♦» 


CLEARING-HOUSE. 

See  Banks,  §  38. 

♦-•-♦ 

CLEARNESS, 

Of  special  verdict.    24  L.R.A.  (N.S.)  54. 

4_-* 

CLEAVER. 

Liability  of  master  for  injury  by  defect  in. 
L.R.A.1918D,  1141. 


CLERGY  HOUSE. 


See  Parish  House. 


CLERGYMEN. 


CLERK. 


7.  In  general,  §§   1,  2. 
II.  Of  court  or  county,  §§  3-7, 

I.  In  general. 

§  1.  Generally. 

Authority  of,  to  contract  for  services  of  oth- 
er persons.     L.R.A.1918F,  69. 

Communication  to,  as  publication  of  libeL 
1   B.  R.  C.  455. 

Character  of  occupancy  of  premises  by.  4 
L.R.A.(N.S.)  711. 

Maritime  lien  for  services  of.  70  L.R.A, 
387. 

Validity  of  contract  restraining  practice- 
of  profession  after  expiration  of  term 
of  service  with  another.  26  L.R.A.^ 
(N.S.)    9C1. 

Execution  of  certificates  of,  in  name  of  dep- 
uty.     42    L.R.A. (N.S.)    883. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  bond  of.    L.R.A. 1917B,  990. 

§  2.  Liability  of,  or  for  acts  or. 

Liability  of  clerk  of  auction  for  return  of 
money.     35  L.R.A. (N.S.)    481. 

Storekeeper's  liability  for  malicious  acts  of- 
4  L.R.A.(N.S.)   485. 

II,  Of  court  or  county. 

§  3.  Generally. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  bond  of.    L.R.A.1917B,  990. 

In  whose  name  deputy  clerk  should  act.- 
19   L.R.A.   181. 

Improper  influence  or  interference  with 
grand  jury  by.    28  L.R.A.  371. 

Certification  of  copies  of  records  by,  for 
evidence  in  other  state.  5  L.R.A. 
(N.S.)   955,  967. 

Right  to  attach  or  garnish  fund  in  bands 
of,  after  he  has  been  ordered  to  pay 
same  to  partv.  13  L.R.A. (N.S.)  7.18; 
30  L.R.A. (N.S.)   720. 

Reliance  upon  clerk  for  information  as  to 
time  of  trial  or  hearing  as  ground  of 
relief  from  judgment.  L.K.A.1917C, 
1194. 

Admissibility  in  evidence  of  books  of  ac- 
count kept  by.     52   L.R.A.   570. 

Right  of  sureties  of  clerk  who  have  made 
good  a  loss  occasioned  by  their  prin- 
cipal's default  or  misconduct  to  be 
subrogated  to  rights  of  obligee  or  bene- 
ficiary of  the  bond  against  a  third  per- 
son. 14  L,R.A.(N.S.)  155;  46  L.R.A. 
(N.S.)   557. 

§  4.  Wonien  as. 

Right  of  women  to  be.     38  L.R.A.  213. 
Women  as  deputy  clerks.     13  L.R.A.  721. 


§  5.  Powers  of. 
Power    of,    to    take    bail. 
849. 


1    L.R.A.  (N.S.) 


§  6.  Compensation  of. 

Fees  of,  on  filing  record  and  docketing  causo 
_      ^  „  I  in  Federal  Supreme  Court.     06  L.K..\. 

See  Rft.igious  Society,  §§  6-9.  '  850. 

Begin  tcith  this  book  on  every  laio  question. 


INDEX  TO  L.R.A.  NOTES. 


195 


CLERK,  II.— cont'd 

Right    of   clerk    on    salary   basis    to    retain 

fee     for     naturalization.       30     L.R.A. 

(N.S.)  810. 

§   7.  Liability  of. 

Liability  of.  for  defective  abstract.  22 
L.R.A.  99. 

Liability  on  official  bond  for  loss  by  bank 
failure.     22  L.R.A.  449. 

Character  and  extent  of  relief  by  mandamus 
against  circuit  court  clerk  who  has  ren- 
dered  decision    on    grounds   not  within 

^        his  discretion.     7   L.R.A. (N.S.)    525. 

Liability  of  clerk  of  court  for  accepting  in- 
sufficient appeal  bond.  44  L.R.A. 
(N.S.)    175. 


CLOSED   SHOP. 

See  CoxsriRACY,  III, 


CLOSE  TIME. 


For  fishery.     39  L.R.A.  385;  L.R.A.  191 6E, 
623. 


CLOTHING. 


Power    to    regulate    traffic    in    secondhand 

clothing.    24  L.R.A. (N.S.)   1168. 
Law    regulating    making    of,    upon    certain 

premises.     44  L.R.A. (N.S.)  47. 
Making  to   measure    as   manufacturing   for 

purposes  of  tax  laws.     44  L.R.A. (N.S.) 

303. 
Liability    for    injury   to    clothing   worn    by 

customer   or   patron.     43   L.R.A. (N.S.) 

328. 
Measure  of  damages  for  loss  or  conversion 

of,  or  injury  to.    L.R.A.1917D,  495. 


CLOUD  ON  TITLE. 

§   1.  Generally. 

Bill  to  quiet  title  on  invalid  sale  of  prop- 
erty for  sewer  assessment.  60  L.R.A. 
243. 

Right  of  one  in  possession  under  void  fore- 
closure sale  as  against  action  to  quiet 
title.     40  L.R.A. (N.S.)   84;-). 

Bar  of  statute  of  limitations  as  ground  for 
quieting  title  as  against  encumbrance. 
6  L.R.A.(N.S.)  516;  L.R.A.1916B,  1220. 

Applicability  of  statute  of  limitations.  29 
L.R.A.(N.S.)  930. 

Reimbursement  of  taxes  paid  by  purchaser 
upon  cancelation  of  invalid  tax  deed  as 
cloud  on  title.    L.R.A.1915C,  492. 

Equitable  estoppel  as  basis  of  suit  to  quiet 
title.     49  L.R.A. (N.S.)    770 

Right  to  open  default  judgment  in  action 
to  quiet  title  as  aftected  bv  character 
of  defense.     L.R.A. 191  OF,  853. 

Consult  also  L.R.A.  Digests  of  Cases, 


CLOUD  ON  TITLE— cont'd  , ; ,  ,  . 

§  2.  Equity  jurisdiction  of  action  to 
remove. 

•lurisdiction  of  equity  of  suit  to  remove 
cloud  on  title  to  land  in  other  state  or 
country.  09  L.R.A.  682;  23  L.R.A. 
(N.S.)    924. 

Jurisdiction  upon  constructive  service  of 
process  against  a  nonresident  as  to 
lands  within  state.  29  L.R.A. (N.S.) 
625. 

§  3.  — effect  of  remedy  at  law. 

The  general  rule.    12  L.R.A. (N.S.)  50. 

Effect  of  statutes  enlarging  equitable  juris- 
diction.     ]2    L.R.A. (N.S.)    67. 

Effect  of  statutes  enlarging  legal  rem- 
edy.    12   L.R.A. (N.S.)    78. 

Miscellaneous  statutes.  12  L.R.A.  ( N.S. ). 
8L 

§  4.  Injunction  to  prevent.  '  i 

Injunction  against  tax  as  a  cloud.  22 
L.R.A.   705. 

Jurisdiction  of  equity  >vhen  only  relief 
sought  is  an  injunction  or  receiver  to 
preserve  status  quo  pending  litigation 
before  another  tribunal  to  determine 
title  to  land.     38  L.R.A. (N.S.)   229. 

§  5.  Who  may  sue. 

Sufficiency   of   possessory   title.     46  L.R.A. 

(N.S.)   502. 
Right    of    purchaser    on    execution    to    set 

aside  fraudulent  conveyance.    15  L.R.A. 

784. 
Right   of   one   holding   a   bond   for   title   to 

maintain  a  bill  against  a  third  person 

to  remove  cloud.     35  L.R.A. (N.S.)   413. 
Right  of  one  who  has  placed  a  purchaser  in 

possession  to  maintain  a  bill  to  quiet 

title  against  an  outstanding  claim.     12 

L.R.A.(N.S.)  852. 

§  6.  Conclusiveness  of,  and  attack  on, 
judgment  in  action  to  remove. 

Collateral  attack  for  fraud  not  affecting 
jurisdiction  on  judgment  confirming 
title  to  land.     36  L.R.A. (N.S.)    983. 

Judgment  dismissing  bill  to  set  aside  tax 
deed  as  a  cloud  on  title,  as  res  judicata 
in  action  under  tax  deed  to  recover 
possession     of     property.       25     L.R.A. 

(N.S.)  ion. 


CLUB. 

§  1.  In  general. 

Sale  of  liquor  by,  see  Intoxicating  Li- 
quors, §  22. 

As   deadly   weapon.     '21    L.R.A. (N.S.)    504. 
Character    of     occupancy    of    steward.  '     4 
L.R.A. (N.S.)    718,  728. 

§  2.  Members   of. 

Enforceability  of  dues  of  members  of  so- 
cial clubs.     34  L.R.A. (N.S.)    647. 

Jurisdiction  of  equity  on  the  ground  of  pre- 
venting a  multiplicity  of  suits  to  en- 
fore  liability  of  members  of  a  club 
or   corporation.     28   L.R.A. (N.S.)    743. 


106 


INDEX  TO  L.R.A.  NOTES. 


CLUB — cont'd 

Distribtition  of  suits  by  tailor  among  mem- 
bers of  club  as  lottery.  21  L.R.A. 
(N.S.)  876. 

Power  of  courts  to  review  decisions  of, 
against  members.  49  L.R.A.  359,  362, 
30.). 

Use  of  lodge  or  club  building  for  entertain- 
ment or  social  purposes  as  affecting 
right  to  exemption  from  taxation. 
L.R.A.1915F,  694. 

Right  of  trustees  or  executive  committee  of 
club  tQ  indemnity  for  pbligations  in- 
curred by  them.    6  B.  R.  C.  763. 

§  8.  Dissolutioh  of. 

Annulling  charter  of  club  for  violating  the 
law.    14  L.R.A.(N.S.)  683. 

Disposition  of  real  estate  upon  dissolution 
of  corporation  created  for  social  pur- 
poees.    35  L.R.A.(N.S.).895.. 


(CQACH  LINE. 

See  Stage  Coaches. 


COAIi. 

In  mine,  see  Mines,  §§  31,  32. 

Use  of  soft  coal  as  a  nuisance.     13  L.R.A. 

(N.S.)  465. 
Discrimination  by  carrier  in  furnishing  coal 

cars.     44    L.R.A.(N.S.)     651;     L.R.A. 

1918D,  274. 
Right  to  coal  in  railroad  right  of  way  as 

between   company    and  fee  owner.     45 

L.R.A.(N.S.)  802. 
Validity  of  agreement  in  restraint  of  trade 

ancillary    to    sale    of    coal    business. 

L.R.A.1916C,  630. 
Right  of  municipality  to  engage  in  business 

of  selling  coal.  "31  L.R.A.(N.S.)    119; 

51  L.R.A.(N.S.)  1143. 


COAL  HOLE. 


Res  ipsa  loquitur  in  action  for  injury  on 

highway     resulting     from.     43     L.R.A. 

(N.S.)   593. 
Liability  of   landlord   to  third   persons   as 

to.*   26   L.R.A.    199;    50   L.R.A.(N.S.) 

305. 
Municipal  liability  for  injury  by.    61  L.R.A. 

583:    7    L.R.A.  (N.S.)    424;    19    L.R.A. 

(N.S.)    516;   43  L.R.A.(N.S.)    1116. 
Liability  for  failure  to  guard  coal  hole  in 

sidewalk     for     commercial 

while  in  use  by  third  person 

(N.S.)  993. 

♦-»■♦ . 


purposes, 
11  L.R.A. 


COAL  MINES. 


COAL  OIL. 


Keeping  of,   on    insured  premises. 
1917C,  278. 


L.R.A. 


COAL  YARDS. 


Servants  in,  as  fellow  servants.     50  L.R.A. 

460. 
As  a  nuisance.     32  L.R.A. (N.S.)   522. 
As    breach    of    covenant    against    offensive 

business.     9   L.R.A. (N.S.)    1039. 
Use  of  railroad  right  of  way  for,  as  against 

owner  of  fee.     36  L.R.A. (N.S.)   516. 
Coal    yards    on    railroad    right   of    way    as 

separate   subjects  of  taxation.     L.R.A. 

1916E,  415. 


Jurisdiction   over 
267. 


COAST. 

coast   water. 


46   L.R.A. 


♦  »» 


COASTING. 


In  street,  as  a  nuisance;   municipal  power 

over.     39  L.R.A.  679. 
Municipal   liability  for  failure  to  prevent. 

23  L.R.A.(N.S.)    639;  42  L.R.A.(N.S.) 

862. 
Injury  to  one  while  coasting  in  street.     42 

L.R.A.(N.S.)   865;  L.R.A.1918F,  782. 
Reciprocal  duty  of  driver  of  automobile  and 

child  coasting  in  street.     L.R.A.1918A, 

257. 
Contributory    negligence    of    child    injured 

while  coasting  in  street.     L.R.A.1917F, 

99. 
Contributory    negligence    of    child    injured 

while   coasting  across  railroad  tracks. 

L.R.A.1917F,  158. 

♦» » 


COCAINE. 

Furnishing    or    prescribing    by    physician. 
L.R.A.1918E,  669. 


♦  *» 


COCKTAIL. 

Judicial  notice  of  intoxicating  character 
of.  19  L.R.A.(N.S.)  848;  48  L.R.A. 
(N.S.)  305. 


See  Mines,  §§  31,  32. 

Begin  with  thi".  book  on  every  law  question 


O.   O.   D. 

Transfer  of  title  on  delivery  to  carrier  of 
goods  sent  C.  O.  D.    22  L.R.A.  426. 

Where  title  passes  upon  shipment  of  liquor 
C.  O.  D.  2  L.R.A. (N.S.)  383;  24  L.R.A. 
(N.S.)  143;  4^  L.R.A.(N.S.)  459. 

Shipping  liquor  from  one  state  into  another 
C.  0.  D.,  without  previous  order,  as  in- 
terstate commerce.  5  L.R.A.  (N.S.) 
630. 

Delivery  by  express  agent  to  addressee  and 
collection  of  price  of  intoxicating  liquor 
sent  C.  0.  D.  as  a  sale  thereof  bv  the 
agent.    2  B.  R.  C.  467. 


INDEX  TO  L.R.A.  NOTES. 


197 


CODE. 

Power  of  legislature  to  enact  or  amend  by 
single  statute.    55  L.R.A.  833. 


CODEFENDANTS. 


Reversal  of  judgment  on  appeal  or  error  by 
one  joint  defendant  as  affecting  other 
joint  defendant  in  whose  favor  judg- 
ment below  was  rendered.  L.R.A. 
1917D,  674. 

Right  of  one  defendant  to  benefit  of  other's 
demurrer.     33   L.R.A.(N.S.)    310. 

Admissibility  on  joint  trial  of  admission  or 
confession  by  one  defendant  tending  to 
incriminate  codefendant.  2  B.  R.  C. 
353. 

Communications  between  codefendants  as 
privileged.     35  L.R.A.  (N.S.)    585. 

Opinion  gained  from  newspaper  reports  of 
trial  of  codefendants  as  disqualification 
of  juror  in  criminal  case.  35  L.R.A. 
(N.S.)    1013. 


CODICIL. 


See  Wills,  §  58. 


CODIRECTORS. 


Liability    for    acts    and    omissions    of.      55 
L.R.A.  771. 


COERCIOKT. 


Of  jury,  see  Trial,  §  72. 

Of   wife,    effect   on    liability    for    libel    and 
slander.     30  L.R.A.  527. 


♦  •» 


COEXISTING    DEMANDS. 

Set   off    of,    on   mortgage    foreclosure.      21 
L.R.A.  323. 


COGWHEELS. 


Doctrine  of  "attractive  nuisance"  as  applied 
to  injury  from.     19  L.R.A. (N.S.)   1130. 


COHABITATION. 


As  evidence  of  marriage,  see  Mabbiaqe,  §  4. 
Effect  of,  see  Mabbiage,  §  7. 

Presumptive  agency  of  wife  to  purchase 
necessaries  arising  from.  65  L.R.A. 
539;  47  L.R.A. (N.S.)  281. 

Consult  also  L.R.A.  Difjests  of  Cases. 


COHABITATION— cont'd 

As  consideration  for  subsequent  promise  to 
pay.     53  L.R.A.  357. 

Effect  of  removal  of  impediment  to  marriage 
after  commencement  of.  3  L.R.A. 
(N.S.)   244. 

Inference  or  presumption  of  marriage  from 
continued  cohabitation  following  re- 
moval of  impediment.  L.R.A.1915E, 
91. 


COIN. 

§  1.  Generally. 

Validity  of  contract  to  pay  in  gold  or  sil- 
ver, see  CoNTBACTS,  §  89. 

As  medium  of  payment,  see  Payment,  §§  7, 
8. 

Judgments  for.     29  L.R.A.  593. 

§  2.  Sufficiency  of  coin  tendered. 

Tender  of  old,  worn,  or  mutiliated  coin.     33 

L.R.A.  824. 
Tender  by  passenger  of  a  worn  or  peculiar 

coin.     31  L.R.A.(N.S.)   997;  35  L.R.A. 

(N.S.)  1030;  L.R.A.1915E,  313. 


COIiD. 

Duty  of  carrier  to  protect  passenger  from, 

see  Cabbiebs,  §  42. 
Master's    duty    to    protect    servant    whose 

work  requires  exposure  to,  see  Masteb 

AND  Sebvant,  §  62. 

Duty  of  carrier  to  guard  freight  carried 
against  effects  of.  39  L.R.A. (N.S.) 
640,  645. 

Presumption  and  burden  of  proof  as  to  car- 
rier's negligence  in  case  of  injury  by 
cold  to  property  carried,  where  con- 
tract limits  liability.  L.R.A.1915D, 
664. 


COIiD    CHISEL. 


Master's  liability  for  injury  by  defect  in. 
13  L.R.A.{N.S.)  676;  L.R.A.1918D, 
1141. 


COLD    STORAGE. 


Duty  and  liability  of  bailee  of  property  in 
cold  storage,  see  Bailmbnt,  §  7. 

Cold  storage  plant  as  a  fixture.     30  L.R.A. 
(N.S.)  576. 


COLLAR. 


See  Dog  Collab. 


1»8 


INDEX  TO  L.R.A.  NOTES. 


COLLATERAL    AGREEMENT. 

Oral  promise  to  answer  for  debt  of  another, 

see  Contracts,  §  37. 
Parol  evident-e  as  to,  See  Evidence,  §§  162, 

163. 
In  general,  see  Guaranty. 

As  defense  to  promissory  note.  43  L.R.A. 
464. 

Agreements  collateral  to  contracts  forming 
illej?al  combinations  and  the  enforce- 
ment thereof  by  members  of  such  illegal 
combinations.  64  L.R.A.  712;  11 
L.R.A.(N.S.)  368;  10  L.R.A.  (N.S.) 
143;   W  L.R.A. (N.S.)    580. 

Right  to  recovei  from  obligor  the  damages 
which  the  obligee  was  compelled  to 
pay  because  of  his  breach  of  a  contract 
with  a  third  person  in  consequence  of 
failure  or  delay  in  performance  of 
collateral  contract.  18  L.R.A. (N.S.) 
675. 


COLLATERAL  ATTACK. 


On  judgments,  see  Judgment,  §§  51-57,  71, 

72. 
On  judicial  sale,  see  Judicial  Sale,  §  18. 

On  sale  or  mortgage  of  land  by  guardian 
witlont  p-iving  bond.     33  L.R.A.  763. 

On  purchase  by  executor  or  administrator 
at  his  own  sale.     L.R.A.1918B,  48. 

On  decisions  or  findings  of  the  Land  De- 
partment.   L.R.A.1918D,  597. 

Review  of  proceedings  to  establish  drains 
and  sewers.    60  L.R.A.  225. 


COLLATERAL-INHERITANCE    TAX. 

See  Taxes,  §§  90-105. 


COLL.\TERAL  KINDRED. 

Damages  recoverable  by,  for  negligent  kill- 
ing of  relative.     11  L.R.A. (N.S.)    623. 


COIiLATERAL    SECURITY. 

See  Pledge  and  Collatebal  Secueitt. 


^*» 


COLLECTION. 


COLLECnON— cont'd 

Agent's    authority    as    to,    see    Pbincxpai. 

AND  Agent,  §  19. 
Of  tax,  see  Taxes,  IV. 
Of   purchase   money   for   land,   see  Vendob 

AND  Purchaser,  §§  11,  12. 

Authority  of  attorney  for  collection  to  ac- 
cept cancelation  of  his  own  debt  as 
payment.     14  L.R.A.  235. 

Right  of  one  who  has  collected  part  of 
judgment  to  appeal  from  the  rest.  2'J 
L.R.A.(N.S.)    15. 

Effect  on  pledgee's  rights  of  delivery  of 
pledged  property  for  collection.  39 
L.R.A.  (N.S.)    890. 

Of  forged  instrument  as  uttering  or  publish- 
ing.    8  L.R.A.(N.S.)   1180. 


COLLECTION  AGENCY. 


Business    of,    as    interstate 
L.R.A.(N.S.)   648. 


commerce.     47 


COLLECTOR. 


Of  port,  see  Collector  of  Port. 
Deputy  collector,  see  Deputy,  §  3. 
Tax  collectors,  see  Taxes,  §  61. 

Right  to  make  bids  on  sales  conducted  by 
them.     20  L.R.A.  505. 

Application  to,  for  affixing  of  omitted 
stamp  to  instrument.     48  L.R.A.  316. 

Penalty  as  limit  of  liability  on  bond.  55 
L.R.A.  393. 

Execution  of  collector's  bond  on  condition 
that  others  shall  sign.     45  L.R.A.  338. 

Eflfect  of  insertion  of  unauthorized  provi- 
sions in  bond  of.    L.R.A.1917B,  990. 


COLLECTOR  OF  PORT. 

Character  and  extent  of  relief  by  manda- 
mus against.     7  L.R.A. (N.S.)    527. 


COLLEGE  EDUCATION. 


As  a   necessary   for   an   infant. 
(N.S.)   1115. 


42  L.R.A. 


COLLEGES. 


By  bank,  see  Banks,  §§  31-35. 

Of  costs,  see  Costs  and  Fees,  §§  9,  10. 

Of  debts,  see  Debt,  §  3. 

Effort    to    collect    debt    as    extortion,    see  i 

EXTOBTION.  I 

Limitation    of   action   on   money    collected, 
see  Limitation  of  Actions*.  §§  31,  32! 
Begin  uHth  this  hook  on  every  law  question 


§  1.  In  general. 

License  of,  see  License,  §  39. 

Character  of  occupation  of  premises  by  pro- 
fessors.    4  L.R.A. (N.S.)    714,  719,  725. 

Exemption  from  suit  as  agency  of  state. 
.35  L.R.A.  (N.S.)   243. 

Mandamus  to  compel  issuance  of  diploma. 
3  L.R.A.(N.S.)  1115;  L.R.A.1916B,  616. 


Right  to  require  or  prohibit  wearing  of 
uniforms  or  religious  garb  in.  42 
L.R.A.  (N.S.)   337. 


INDEX  TO  L.R.A.  NOTES. 


199 


COLLEGES— cont'd 
§  2.  Taxation  of. 

Liability  of  iJiopoity  of  private  educational 
institutions  to  assessment  for  local  im- 
provements.    35  L.R.A.  37. 
Property    used    for    prolit.      19    L.R.A. 
291;  50  L.R.A.(N.S.)    1197. 

Exemption     from     taxation     of     fraternity 
house.    62  L.R.A.  (N.S.)   995. 


COLLISION. 


§  1.  Generally. 

Between  automobiles,  or  automobile  and 
other  vehicle  or  pedestrian,  see  Auto- 
mobiles. 

Injury  to  passenger  by,  see  Carkiehs,  §  50. 

lietween  street  car  and  other  vehicle,  see 
iSTKEET  Railways,  §§  18,  19. 

Liability  of  owners  for  wrongful  or  negli- 
gent acts  of  master  of  vessel  causing 
collision.     27  L.R.A.  182. 

Duty  of  navigator  to  avoid  injury  by  pro- 
pelling vessel  against  property  of 
others.    64  L.R.A.  979. 

Liability  of  municipality  for  damage  to 
vessel  by  collision  with  bridge.  L.R.A 
1915F,  1062. 

Jurisdiction  in  admiralty  of  action  growing 
out  of  collision  of  vessel  with  bridge. 
21   L.R.A.  (N.S.)    324. 

Relative  duties  of  steamers  and  small  craft 
propelled  by  oars  on  rivers  and  in  nar- 
row channels.     5  L.R.A. (N.S.)    303. 

Private  action  for  violation  of  law  and  rules 
of  navigation.  9  L.R.A. (N.S.)  375; 
L.R.A.1915E,  541. 

Right  of  vessel  causing  collision  to  claim 
salvage  for  rescuing  other  vessel.  1 
L.R.A.(N.S.)   873. 

§  2.  Interest  on  loss  by. 

All(  '.vance  of  interest  on  value  of  property 
destroyed  in  collision.     18  L.R.A.  453. 

Right  to  interest  on  unliquidated  damages 
incurred  in  collision  of  vessels.  28 
L.R.A.(N.S.)  7,  80. 


COLIiUSIGN. 


As  defense  to  divorce  suit,  see  Divorce  and 

Sepakation,  §  31. 
As    ground    for    relief   from   judgment,    see 

Judgment,  §  95. 
See  also  Fraud. 

Power   of  court   to  decline   jurisdiction   of 

fictitious  or   collusive   suits.     6   B.   R. 

C.  336. 
Carrier's    liability    for    injury    to    persons 

wrongfully  on  train  by  collusion  with 

train  employee.     5  L.R.A. (N.S.)    1025; 

37  L.R.A. (N.S.)   419. 
Eifect    of,    on    compromise    or    release    by 

personal   representatives  of  claims  due 

estate.     14  L.R.A.  415. 
Consult  also  L.R.A.  Digests  of  Cases. 


COLLUSION— cont'd  '     "  ^        '  ..  '  •  UJ 

EflFect  of  collusion  with  creditor  on  surety's 
right  to  intervene  in  action  against 
principal  or  vice  versa.  68  L.R.A. 
741. 

Questioning  validity  of  attachment  for.  35 
L.R.A.  779. 

In  obtaining  judgment  on  unauthorized  ap- 
pearance by  attorney.     21   L.R.A.   854. 

Injunction  against  judgment  obtained  bv. 
30  L.R.A.  392.  ■ 

Right  to  enjoin  prosecution  of  collusive  suit 
in  court  of  co-ordinate  jurisdiction. 
11  L.R.A. (N.S.)    581. 


COLONIZATION. 


Alien's  right  to  inherit  lands  granted  for. 
31  L.R.A.  180. 


COLOR. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  742. 


COLOR   BLINDNESS. 

State  statute  requiring  engineers  to  be 
examined  for,  as  interference  with  inter- 
state commerce.     15  L.R.A.(N.S.)    134. 


COLORED   NETTING. 

Constitutionality  of  discriminations  in  stat- 
utory regulations  concerning  colored 
netting  over  food  products.  34  L.R.A. 
(N.S.)   652. 


COLORED   PERSONS. 

See  Civil  Rights;  Negroes. 


COLORING  MATTER. 

Use  of  in  food  stuffs,  oil,  etc.,  as  adulter- 
ation.    25  L.R.A. (N.S.)    1234. 


COLOR    OF    RIGHT. 

As  affecting  question  whether  invalid  claim 
may  be  the  subject  of  a  valid  compro- 
mise.    25  L.R.A. (N.S.)   280. 


COLOR  OF  TITLE. 

As   element  of  adverse   possession,  see   Aiv 
verse  Possession,  §§  15-18. 


200 


INDEX  TO  L.R.A.  NOTES. 


OOLOR  OF  TITLE— cont'd 

Right  to  allowance  for  improvements  made 

before  color  of  title.     37  L.R.A.(N.S.) 

918. 
Location  of  mining  claim  on  public  domain 

occupied    without    color    of    title.      7 

L.RJ^.(N.S.)    785. 

4  ■  » 


COLUMNS. 

Ornamental  columns  extending  beyond  line 
aa  violating  building  restriction.  62 
LJIJ^.(N.S.)    1050. 


COMBINATIONS. 


Illegality  of,  see  Conspibaoy;  Monopolt 
AND  Combinations. 

As  to  contracts  in  restraint  of  trade,  gen- 
erally, see  Contracts,  §§  107-109,  117, 
118. 

Patent  of,  see  Patents,  §  8. 

Of  railroads,  see  Railboads,  §§  9-11. 

Common-law  riglits  of  original  authors  in 
case  of.    51  L.R.A.  379. 


COMBUSTIBIiE  MATERIALS. 

See  FiBES. 

♦•» 


COMITY. 

See  CoNiTLiOT  of  Laws. 


COMMAND. 


Obedience  of,  by  employee,  see  Masteb  and 
Sbbvant,  §§  4,  70,  117,  126,  127. 


COMMENCEMENT, 

Of  action,  see  Action  ob  Suit,  §  21. 


COMMENTATOR. 


Common-law   rights   of   commentator  upon 
literary  work.     51  L.R.A.  358. 


COM»IENTS. 


Libel  or  slander  by,  see  Libel  and  Slander, 
§  8.  ' 

Begin  tvith  this  hooTe  on  every  law  question. 


COMMERCE. 

/.  State  control  of  domestic  conmneroef. 
§  1. 
II.  Interstate  commerce,  §§  2-21. 
a.  In  general,  §    2. 
6.  Control    o/    navigable    boaters 

and  navigation,  §   3. 
o.  Regulation     of     carriage     and: 
transportation,  §  §    4-12. 

d.  Forbidding    exjiortation    from 

state,  §13. 

e.  Regulation  of  sales  and  other 

business,  §§   14-18. 

f.  Relation   between   carrier   and: 

em,ployees,  §   10. 

g.  Taxation,  §§  20,  21. 

I.  State  control  of  domestic  commerce.. 

%  1.  Generally. 

State  sovereignty  over  domestic  commerce.- 
12  L.R.A.  673.* 

II.  Interstate  commerce, 

a.  In  general. 

§  2.  Generally. 

Combinations  in  restraint  of,  see  Monopo- 
lies AND  Combinations,  II. 

Contracts  in  restraint  of  trade,  generally, 
see  Contracts,  §§  107-1  OS),  117.  118. 

Ab  to  Interstate  Commerce  Commission,  see 
Interstate  Commerce  Commission. 

Business  of  collection  or  commercial  agency 
as  interstate  commerce.  47  L.R.A. 
(N.S.)    648. 

State  regulations  as  affected  by  Federal 
pure  food  law.  47  L.R.A. (N.S.) 
985. 

Restraint  on,  in  violation  of  anti-trust  act. 
64  L.R.A.  689. 

Effect  and  construction  of  Federal  anti- 
trust law.    64  L.R.A.  698. 

What  is  interstate  commerce  under  anti- 
trust laws.     64  L.R.A.  700. 

State  regulation  of  right  to  fish  as  inter- 
ference with  commerce.  60  L.R.A.  504.. 

Natural  gas  as  a  subject  of  interstate  com- 
merce.   12  L.R.A.  652. 

Instruction  by  correspondence  as  interstate 
commerce.     27   L.R.A. (N.S.)    493. 

State  legislation  for  protection  of  health  of 
live  stock,  as  interference  with  inter- 
state commerce.     26  L.R.A. (N.S.)   279. 

Federal  or  state  jurisdiction  to  make  regu- 
lations as  to  infected  animals.  43 
L.R.A.  (N.S.)   1060. 

State  legislation  for  prevention  of  immo- 
rality as  interference  with  interstate 
commerce.    51  L.R.A.  (N.S.)   157. 

Effect  of  commerce  clause  on  validity  of 
state  police  regulations  as  to  branding 
or  labeling  articles  of  commerce.  40 
L.R.A. (N.S.)   880. 

Jurisdiction  under  commerce  clause  to  pun- 
ish crimes  committed  bv  or  against 
Indians.     21  L.R.A.  169. 


INDEX  TO  L.R.A.  NOTES. 


201 


COMMERCE,  II.  a— cont'd 

Effect    of    commerce    clause    on    admiralty 

jurisdiction    of    contracts.      66    L.R.A. 

213. 
Mandatory  injunction  in  matters  affecting. 

20  L.R.A.  166. 
Injunction    against    strikes    affecting.      28 

L.R.A.   467. 

b.  Control     of    navirjahle    waters    and 

navigation. 

§   3.  Generally. 

Local  license  tax  on  vessels  licensed  by  the 
United  States.     27  L.R.A.  414. 

Regulation  of  ferries  as  interference  with 
commerce.  59  L.R.A.  519;  52  L.R.A. 
(N.8.)   574. 

Effect  of  commerce  clause  on  right  to  mari- 
time lien  for  ship's  services.  70  L.R.A. 
433. 

Does  transportation  over  navigable  waters 
between  points  in  same  state  by  route 
part  of  which  is  in  another  state  con- 
stitute interstate  commerce.  28  L.R.A. 
(N.S.)  988. 

c.  Regulation    of   carriage   and   trans- 

portation. 

§  4.  Generally. 

Relation    between    carrier    and    employees, 

see  infra,  §  19. 
As  to  governmental   regulation   of  carriers 

generally,  see  Caebiers,  V. 

Includes  transportation  and  intercourse. 
6  L.R.A.  579;*  13  L.R.A.  107. 

Applicability  of  commerce  clause  or  stat- 
utes thereunder  to  ftreet  railways  or  to 
interurban  roads.  46  L.R.A.  (N.S.) 
385. 

Exclusion  of  foreign  railroad  company  as 
interference  with  commerce.  24  L.R,A. 
312. 

State  regulation  of  equipment  of  railroad 
rolling  stock  as  interference  with  in- 
terstate commerce.  32  L.R.A. (N.S.) 
20. 

State  regulations  requiring  carriers  to  fur- 
nish cars  to  shipper  as  interference 
with  interstate  commerce.  42  L.R.A. 
(N.S.)  984. 

Implied  contract  for  through  carriage  in 
case  of  interstate  shipments.  31 
L.R.A.(N.S.)  27. 

State  statutes  imposing  penalty  on  carrier 
for  failure  to  settle  claims  as  inter- 
ference with  interstate  commerce.  15 
L.R.A.  (N.S.)  983;  42  L.R.A.(N.S.) 
107;  L.R.A.1917B,  926. 

Right  to  require  the  stopping  of  interstate 
trains.     14  L.R.A. (N.S.)   293. 

Right  to  limit  speed  of  interstate  or  mail 
train.  14  L.R.A. (N.S.)  293;  L.R.A. 
1917F,  1187. 

Power  to  compel  stoppage  of  interstate 
trains  at  stations.  44  L.R.A.  (N.S.) 
478. 

Full  crew  acts  as  interference  with  inter- 
state commerce.     49  L.R.A. (N.S.)    978. 

Power  of  state  as  to  demurrage  charges  by 
carrier  on  interstate  shipments.  30 
L.R.A.  (N.S.)    137. 

Consult  also  L.R.A.  Digests  of  Cases. 


COMMERCE,  II.  c— cont'd 

§  5.  When  transportation  Is  interstate. 

Effect  of  breaking  continuity  of  passage  or 
shipment  upon  its  interstate  character. 
L.R.A.1917D,  1184. 
Shipment  within  a  state  as  part  of  inter- 
state   or    foreign    transportation.       17 
L.R.A.  643. 
Does  transportation  between  points  in  same 
state  over   a   route   part  of   which 
is    in   another   state   constitute    in- 
terstate commerce.     17  L.R.A.  443; 
28  L.R.A. (N.S.)  985;  L.R.A.1918A, 
805. 
Altering  destination  during  shipment  as  af- 
fecting   interstate    character.      L.R.A. 
1916E,  533. 
Interstate  telegrams  as  interstate  commerce. 
24  L.R.A.  161. 

§  6.  Connecting  carriers. 

State  statutes  regulating  the  liability  of 
carriers  with  respect  to  shipments  over 
connecting  lines  as  interference  with 
interstate  commerce.  7  L.R.A. (N.S.) 
388. 

§  7.  Charges  of  carriers. 

Regulation  of  freight  rates,  generally,  see 
Cabriebs,  §§  154-160. 

EflFect  of  interstate  business  on  reasonable- 
ness of  railroad  rates  prescribed  by  the 
state  for  local  traffic.  15  L.R.A.(N.S.) 
112. 

Right  of  shipper  where  carrier  negligently 
misquotes  rate  which  has  been  filed  or 
published  as  required  by  statute.  33 
L.R.A.(N.S.)   391. 

Power  of  state  court  to  pass  upon  inter- 
state rates.     28  L.R.A.  (N.S.)   108. 

Effect  of  provisions  of  interstate  commerce 
act  against  rebates  upon  contracts  pre- 
scribing rates  less  than  those  estab- 
lished in  accordance  with  the  act.  14 
L.R.A.  (N.S.)    400. 

Effect  of  interstate  commerce  act  on  ship- 
per's common-law  right  of  action  for 
discrimination  by  carrier.  45  L.R.A. 
(N.S.)    614. 

Power  of  state  court  to  review  rulings 
of  Interstate  Commerce  Commission. 
L.R.A.1917E,  919. 

§  8.  — contracts  fixing  rates  other  than 
those  established  in  accordance 
with  Interstate  commerce  act. 

General  rule.     38  L.R.A. (N.S.)    353. 
Shipper's    right    of    action    against    carrier 

for  damages.    38  L.R.A. (N.S.)  355. 
Particular  classes  of  contracts.     38  L.R.A. 

(N.S.)  357. 
Criminal   liability.      38   L.R.A. (N.S.)    363. 

§  9.  Limitation  of  liability. 

Validity  of  stipulation  limiting  carrier's 
liability  to  agreed  valuation  as  affect- 
ed bv  the  Hepburn  act.  28  L.R.A. 
(N.S')    293. 

"Carraack  amendment"  as  affectinff  state 
regulations  as  to  stipulations  limiting 
liability  of  common  carriers  for  the  loss 
or  damage  to  goods.  44  L.R.A. (N.S.) 
257;  50  L.R.A. (N.S.)   819. 


202 


INDEX  TO  L.K.A.  NOTES. 


COMMERCE,  II.  c— cont'd  COMMERCE,  II.  e— cont'd 

§10.  Furnishing  of  curs.  '  Power  of  state  to  regulate  nursery  businesB 

Duty  of  carrier  under  interstate  commerce  15  L.R.A.{N.S.)    1.38. 


act  to  furnish  cars  to  shippers.  43 
L.R.A.  230. 

State  regulations  requiring  carriers  to  fur- 
nish cars  to  sliippers  as  interference 
with  interstate  commerce.  17  L.R.A. 
(N.S.)    364;   29  L.R.A.  (N.S.)    802. 

Validity  of  penalty  imposed  by  state  for 
failure  to  furnish  freight  cars.  15 
L.R.A.(N.S.)    733. 

Effect  of  interstate  commerce  act  on  dam- 
ages for  carrier's  failure  to  furnish  cars. 
44  L.R.A.(N.S.)  649. 

§  11.  Telegraph  and  telephones. 

Exclusion  of  foreign  telegraph  company  as 
interference  with  commerce.  24  L.R.A. 
311. 

Power  to  states  to  control  or  impose  bur- 
dens upon  interstate  telegraph  and 
telephone  companies.  24  L.R.A. 
161. 

State  statutes  imposing  penalties  upon  tele- 
graph companies  for  failure  to  trans- 
mit or  deliver  messages  properly.  31 
L.R.A.  807. 

State  statutes  imposing  license  fees  on 
telegraph  companies.  24  L.R.A.  161; 
31  L.R.A.  808. 

Statutes  regulating  telephone  prices  and 
requiring  service  on  equal  terms  to  all. 
31  L.R.A.  807. 

State  law  affecting  telegraphs  as  regula- 
tion of  interstate  commerce.  36  L.R.A. 
(N.S.)   220. 

Transmission  of  message  between  points  in 
same  state  over  a  line  part  of  which 
is  in  another  state  as  interstate  com- 
merce. 28  L.R.A.(N.S.)  985;  L.R.A. 
1918A,  807. 

§   12.  Express  companies. 

Exclusion  of  foreign  express  company  as 
interference  with  interstate  commerce. 
24   L.R.A.   312. 

Statute  requiring  express  companies  to 
make  free  deliveries  in  certain  cities, 
as  interference  with  interstate  com- 
merce.    19  L.R.A.  (N.S.)   94. 

d.  Forbidding   exportation   front   state. 

§13.  Generally. 

Right  of  state  to  forbid  exportation  of 
natural  resources.  35  L.R.A. (NS^ 
1193. 

c.  Regulation  of  sales  and  other  busi- 
ness. 


§   14.  Generally. 

Regulation  of  carriers,  see  supra,  II.  c. 
Regulation  of  telegraph  and  telephone  com- 
panies, see  supra,  §  11. 

Prohibiting  or  restricting  advertising  as  in- 
terference with  interstate  commerce 
L.R.A.19nE,  701. 

Business  of  collection  or  commercial  agency 
as  interstate  commerce.  47  L  R  A 
(N.S.)   648.  ■    ■    ■ 


Police  regulations  as  to  branding  or  label- 
ing articles  of  commerce.  1  L.R.A, 
.  (N.S.)   184. 

Statutes  in  relation  to  vinegar  as  interfer- 
ence with  interstate  commerce.  49 
L.R.A.  (N.S.)   1206. 

Constitutionality  of  statute  requiring  an- 
nouneement  that  article  is  imported. 
L.R.A. iniGE,  1186. 

Validity  of  state  inspection  laws  as  applied 
to  commodities  in  interstate  commerce.' 
27  L.R.A.(N.S.)  677;  L.R.A.1916D,, 
196. 

Right  of  state  to  confiscate  cigarettes   im- 
ported   for    personal    use.      4    L.R.A.. 
(N.S.)    528. 

Contracts  for  "futures"  to  be  executed  in 
other  states  as  interstate  commerce. 
14   L.R.A.(N.S.)    1081. 

§15.  Intoxicating  liquor. 

Power  of  state  to  prohibit  solicitation  of 
orders  for  intoxicating  liquors  by  mail 
sent  from  another  state.  36  L.R.A. 
(N.S.)   443. 

Shipping  liquor  from  one  state  into  another 
C.  O.  D.  without  previous  order,  as  in- 
terstate commerce.    5  L.R.A. (N.S.)  630. 

Regulating  sale  of  intoxicants  on  vessels  en- 
gaged in  interstate  commerce.  1  L.R.A. 
(N.S.)   639;  L.R.A.1915F,  1143. 

Right  of  prohibition  as  limited  by  constitu- 
tional power  of  Congress  to  regulate  in- 
terstate and  foreign  commerce  (U.  S. 
Const.  Art.  1,  sec.  8).  15  L.R.A.(N.S.) 
923. 

What  is  sufficient  to  terminate  interstate 
transportation  of  intoxicating  liquors. 
11  L.R.A.(N.S.)  550;  23  L.R.A. (N.S.) 
1020;  29  L.R.A. (N.S.)   745, 

Constitutionality,  construction,  and  effect  of 
Webb-Kenyon  act.  L.R.A.1916C, 
299;   L.R.A.1918B,  455. 

Effect  of  removal  of  constitutional  objec- 
tions to  state  statute.  48  L.R.A. (N.S.) 
349. 

Effect  of  violation  of  Federal  pure  food  law 
on  status  of  intoxicating  liquors.  47 
L.R.A.(N.S.)  987. 


§  1 

As 


J.  Original  packages. 

to    original    packages 
Obiginal  Packages. 


generally,     see 


60  L.R.A.  664;  39  L.R.A. (N.S.) 


What  are. 
1051. 

Prohibition  or  regulation  of  tlie  sale  or  im- 
portation of  tobacco.    L.R.A.1!)18B,  989. 

Cigarettes  in  original  packages  as  articles 
of  commerce.     48  L.R.A.   230. 

Effect  of  removal  of  constitutional  objec- 
tions to  state  statute.  48  L.R.A. (N.S.) 
349. 

State    regulations    as    affected    bv    Federal 

Beain  ^Hth   tj.i^  i.«  i.  ,  P"''®  ^^^^  ^^"^-     ^"^  L.R.A. (N.S.)  985. 

Msegm  unth  this  book  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES, 


203 


COMMERCE,  II.  e— cont'd 

§    17.  Foreign  corporations. 

As   to   foreign   corporations,   generally,   see 

COKPORATIONS,     XI. 

Doing  of  business  within  state  by  foreign 
corporation,  see  Cobporations,  §§  145- 
148. 

Generally.    60  L.R.A.  677. 

Telegraph  companies.     24  L.R.A.  311. 

Insurance  companies.     24  L.R.A.  312. 

Packet  company.       24  L.R.A.  312. 

Express  companies.     24  E.R.A.  312. 

Railroad  companies.     24  L.R.A.  312. 

Bridge  company.     24  L.R.A.  313. 

Trading  companies.     24  L.R.A.  313. 

Publishing  companies.     24  L.R.A.  314. 

Loaning  companies.     24  L.R.A.  314. 

Liability  of  foreign  corporation  engaged 
in  interstate  commerce  to  franchise 
tax.     57  L.R.A.  92. 

Sale  by  foreign  corporation  of  goods  stored 
in  state  as  intrastate  business.  18 
L.R.A.(N.S.)    134. 

Agreement  by  foreign  corporation  to  install 
articles  within  the  state  as  bringing 
it  within  the  statute  relating  to  for- 
eign corporations.  14  L.R.A.  (N.S.) 
674;  L.R.A.1917C,  1014. 

§  18.  License;  peddlers. 

Liquor  license,  see  supra,  §  15. 

Tax    on    occupations    as    interference    with 

commerce.     60  L.R.A.  691. 
License  tax  on  advertising  as  interference 
with      interstate      commerce.      L.R.A. 
1917E,  701. 
State  statutes  imposing  license  fees  on  tele- 
graph companies.     31  L.R.A.  808. 
Local  license  tax  on  vessels  licensed  by  the 

United  States.     27  L.R.A.  414. 
License  or  occupation  tax  on  hawkers  and 
peddlers,   and    persons    engaged    in 
soliciting  orders  by  sample  or  oth- 
erwise as  a  violation  of  the  com- 
merce   clause.      14   L.R.A.    97;    19 
L.R.A.(N.S.)  297;  28  L.R.A. (N.S.) 
265. 
Blue    Sky   Law   as   violation   of   commerce 
clause.    L.R.A.1917F,  624. 

/.  Relation    between   carrier   and   em- 
ployees. 

§   19.  Generally. 

As  to  construction  and  eflfect  of  Federal 
safety-appliance  act,  generally,  see 
Master  and  Servant,  §  96. 

State  regulation  of  relations  between  rail- 
road companies  engaged  in  interstate 
commerce  and  their  employees.  15 
L.R.A.(N.S.)  134;  29  L.R.A.  (N.S.) 
240;  52  L.R.A.(N.S.)  266. 

Gathering  laundry  or  other  articles  in  one 
state,  performing  services  thereon  in 
another,  and  returning  to  owners,  as 
interestate  commerce.  L.R.A.1917B, 
343. 

Workmen's  Compensation  Act  as  imposing 
burden  on  interstate  commerce.  L.R.A. 
1917D,  57. 

Consult  also  L.R.A.  Digests  of  Cases. 


COMMERCE,  II.  f— cont^d 

Track  repairing  and  work  in  connection 
therewith  as  furthering  interstate  com- 
merce within  the  Federal  Employers' 
Liability   Act.      L.R.A.1918E,    8.59. 

Effect  of  Federal  Employers'  Liability  Act 
on  applicability  of  State  Compensation 
Statutes  to  non-negligent  injuries  of 
railroad  employees  while  engaged  in  in- 
terstate commerce.     L.R.A.1918C,  450. 

Limitation  by  Federal  laws  of  application 
of  workmen's  compensation  statute  to 
injuries  received  in  interstate  com- 
merce. L.R.A.1916A,  461;  L.R.A.1917D, 
85. 

g.  Taxation, 

§2  0.  Generally. 

License  tax,  see  supra,  §  18. 

Whether  state  tax  violates  commerce  clause, 
as  a  Federal  question.     62  L.R.A.  530. 

Power  of  state  to  tax  interstate  telegraph 
messages.     24  L.R.A.  161. 

Invalidity  of  state  laws  imposing  taxes  or 
penalties  upon  immigration.  13  L.R.A. 
686. 

Taxation  of  bridge  over  a  navigable  river 
as  regulation  of  interstate  commerce. 
29  L.R.A.  71. 

Liability  of  grain  to  taxation  while  in  ele- 
vator in  course  of  interstate  transpor- 
tation.    44  L.R.A.(N.S.)  586. 

§21.  Corporate  taxation  and  the  com- 
merce  clause. 

Taxation  of  corporations  generally,  see 
Taxes,  §§  11,  33-39,  45,  46,  67. 

Generally.     60  L.R.A.  641.      ' 

What  is  commerce.    60  L.R.A.  642. 

Congressional  inaction  means  freedom.  60 
L.R.A.  647. 

State  powers.     60  L.R.A.  649. 

Property  taxation.     60  L.R.A.  651. 

Intercourse.     60  L.R.A.   666. 

Internal  commerce.     60  L.R.A.  669. 

Receipts  from  commerce  across  state  lines. 
60  L.R.A.  671. 

Excises.     60  L.R.A.  674. 

Charges  for  facilities,  services,  and  polic- 
ing.    60  L.R.A.  693. 

Taxation  of  receipts  of  corporations  en- 
gaged in  interstate  or  foreign  com- 
merce.   57  L.R.A.  59. 

Liability  of  domestic  corporation  engaged 
in  interstate  commerce  to  franchise  tax. 
57  L.R.A.  79. 

Liability  of  foreign  corporation  engaged  ip 
interstate  commerce  to  franchise  tax. 
57  L.R.A.  92. 


COMMERCIAL.    AGENCIES. 

Libel  by,  see  Libel  and  Slander,  §§  17,  26. 

Business    of,    as    interstate    commerce.     47 

L.R.A.(N.S.)  648. 
Misrepresentations    to,    as    a    fraud    upon 

seller.     14  L.R.A.  264. 
Reliance  on   fraudulent   statements   to.     37 

L.R.A.  613. 


204 


INDEX  TO  L.R.A.  NOTES. 


COMMERCIAL    BONDS. 

See  Bonds,  §§  17-27. 


COMMERCIAL  EDUCATION. 

As  a   necessary   for  an   infant.     42  L.R.A. 

(N.S.)    1115. 


CO!»IMERCIAL    ESTABLISHMENTS. 

Validity  of  statute  or  ordinance  requiring 
cldsing  of,  at  certain  hours.  L.R.A. 
1916A,  654. 


COMMERCIAL  PAPER. 

See  Bills  and  Notes;   Bonds,   §§   17-27; 
Checks. 


COMMERCIAL    TRAVELERS. 

Extent  of  authority  of,  see  Principal  and 
Agent,  §  13. 

Drummers  as  related  to  interstate  com- 
merce.    14  L.R.A.  97. 

Innkeeper's  liability  for  loss  or  destruc- 
tion of  samples.     35  L.R.A.  (N.S.)   350. 

Liability  of  carrier  for  loss  of  baggage  of. 
4  L.R.A.(N.S.)  1035;  L.R.A.1918C,  108. 

Agreement  in  restraint  of  future  employ- 
ment of.    24  L.R.A. (N.S.)  937. 

Notice  to  traveling  salesman  as  notice  to 
his  employer.     25  L.R.A. (N.S.)   231. 

Commercial  travelers  as  peddlers  or  hawk- 
ers.    L.R.A.1916B,  1298. 

Implied  or  apparent  authority  to  bind  prin- 
cipal for  board  or  traveling  expenses. 
L.R.A.1916B,  754. 

Criminal  responsibility  of,  for  sale  of  goods 
that  do  not  comply  with  statutory  re- 
quirements.    L.R.A.1918D,  726. 


COMMISSION. 


Delegation  of  power  to,  see  Constitution- 
al Law,  §  13. 

Constitutionality  of  commission  form  of 
government,  see  Municipal  Cobpoba- 
TIONS,  §  8. 

Railroad  commission,  see  Railroad  Commis- 
sion. 

Suits  against  state  commissions  as  suits 
against  the  state.  44  L.R.A.  (N.S.) 
196. 


COMMISSIONERS. 


COMMISSIONERS— cont'd 

Of    drains    and    sewers,    see    Dbains    AWD 

Sewers,  §  7. 

Right  to  make  bids  on  sales  conducted  by 
them.     20   L.R.A.   505. 

Right  of  woman  to  be.       38  L.R.A.  211. 

Harbor  commissioners  as  independent  con- 
tractors.    65   L.R.A.  474. 

Right  to  attach  or  garnish  fund  in  hands 
of,  after  direction  to  pay  same  to  party. 
13  L.R.A.  (N.S.)   758. 

Injunction  against  acts  of  food  commis- 
sioner wliicli  affect  sale  of  foods.  15 
L.R.A.(N.S.)    331. 

Power  of  court  to  set  aside  award  in  con- 
demnation for  misconduct  of  commis- 
sioners.    27  L.R.A.  (N.S.)   567. 

Character  and  extent  of  relief  by  mandamus 
against  commissioner  of  patents.  7 
L.R.A. (N.S.)    527. 

Binding  effect  on  municipality  of  knowl- 
edge or  notice  of  street  commissioner 
of  defect  or  obstruction  in  street. 
L.R.A.1918B,  650. 


COMMISSION 


FORM 
MENT. 


OF    GOVERN- 


See  Municipal  Cobpobations,  §  8. 


COMMISSION  MERCHANT. 


See  Factobs. 


COMMISSIONS. 


Delegation  of  power  to,  see  Constitutional 

Law,  §  13. 
Begin  with  this  hook  on  every  law  question. 


Of  broker,  see  Brokebs,  §§  8-13. 

Of  personal  representative,  see  Executors 

and  Administeatobs,  §  52. 
Of  insurance  agent,  see  Insurance,  §  21. 
Of    agent    generally,    see    Pbincipal    and 

Agent,  §  36. 
Commissions  charged  by  lender's  agent  as 

usury,  see  UsuBY,  §  3. 

Admissibility  of  books  of  account  to  prove 
delivery  for  sale  on  commission.  52 
L.R.A.  695. 

Priority  of  claims  against  property  in  hands 
of  receiver  for.  2  L.R,A.(N.S.)  1051, 
1067. 

Creation  of  partnership  by  provision  for 
division  of  commissions.  18  L.R.A. 
(N.S.)    1040. 

Effect  of  fact  that  one  is  entitled  to  com- 
missions out  of  fund  on  his  prosecu- 
tion for  embezzlement  on  his  retaining 
the  whole  fund.     13  L.R.A.  (N.S.)    511. 

Right  to  recover  in  action  for  wrongful 
dismissal,  damages  for  loss  of  com- 
missions.    1  B.  R.  C.  123. 

Payment  of,  for  sale  of  bonds  as  violating 
requirement  that  bonds  shall  not  be 
sold  for  less  than  par.  39  L.R.A. (N.S.) 
248. 


INDEX  TO  L.R.A.  NOTES. 


205 


COMMISSIONS— cont'd 

Priority  of  claims  for,  against  property  in 
hands  of  receiver  over  recorded  liens. 
41  L.R.A.(N.S.)    710. 

Liability  of  one  party  to  a  contract  or 
transaction  to  the  other  because  of 
commission  allowed  by  the  former  to 
the  latter's  agent.  49  L.R.A.(N.S.) 
101. 

Right  of  one  employed  on  commission  to 
recover  for  loss  of  profits  where  em- 
ployment is  unlawfully  terminated. 
L.R.A.1916B,  872. 

Funds  on  which  guardian  is  entitled  to  com- 
missions.    L.R.A.1917C,   193. 

Agreements  for  commissions,  bonuses,  etc., 
in  favor  of  mortgagee  as  clog  on  equity 
of  redemption.    6  B.  R.  C.  442. 

ICmployees  paid  by  commission  as  "em- 
ployees" within  meaning  of  Workmen's 
Compensation  Acts.     L.R.A.1918F,  205. 


COMMITMENT. 


Warrant  of,  see  Criminal  Law,  §  33. 

Of  person  convicted  of  crime,  see  Criminal 

Law,  VI. 
To  hospital,  see  Hospitals,  §  3. 
See  also  Contempt. 

Necessity  of  commitment  to  render  im- 
prisonment valid.  38  L.R.A.(N.S.) 
600. 

Informality  of,  as  justification  of  prison 
breach.     15  L.R.A.  191. 


COMMITTEE. 


§   1.  Generally. 

Of  incompetent  persons,  see  Incompetent 
Persons,  IX. 

Liability  of  corporate  directors  for  acts  and 
omissions  of.     55  L.R.A.  773. 

Power  of,  to  employ  one  of  its  own  members 
as  counsel,  or  to  render  other  special 
services.     3  L.R.A. (N.S.)    849. 

Authority  of  committee  or  its  agent  to  con- 
tract for  services  of  other  persons. 
L.R.A.1918F,  70,  71. 

Report  by,  as  privileged  communication.  5 
L.R.A.  (N.S.)    164. 

Riglit  of  taxpaj'er,  in  absence  of  statute, 
to  enjoin  unlawful  expenditures  by 
municipality  for  entertaining  commit- 
tee.    36  L.R.A.(N.S.)  2. 

Personal  liability  of  committee  appointed 
at  public  meeting  for  services  or  sup- 
plies.    51  L.R.A. (N.S.)   406. 

§  2.  Of   legislature. 

Failure  to  refer  bill  to.     40  L.R.A. (N.S.) 

4. 
Impeachment  of  enrolled  bill  bv  committee 

reports.     40  L.R.A.  (N.S.)  '32. 
Appropriation    for    expenses    of    legislative 

committee.     1   L.R.A. (N.S.)    409. 
Power   of  legislature   or  branch   thereof  to 

appoint  a  committee  to  sit  after  close 

of  session.   10  L.R.A. (N.S.)  172;  L.R.A. 

1915E,  496. 
Consult  also  L.R.A.  Digests  of  Caies. 


COMMODITIES. 

Discrimination  by  carrier  against  commod- 
ities with  respect  to  transit  privileges. 
L.R.A.1918A,  187. 


COMMON. 

Of  estovers.     68  L.R.A.  649. 


COMMON  ASSAUIiT. 


Upon    female,    liability   of    infant   for.     3ft 
L.R.A.  205. 


COMMON  CALAMITY. 

Presumption   of   survivorship   among  those 
perishing  in.     51  L.R.A.  863. 


COMMON  CARRIERS. 

See  Carriers. 

♦-»> ■ 

COMMON    COUNCIL. 

Meetings  of,  see  Municipal  Corporations, 
§  20. 


COMMON  COUNTS. 

Sufficiency  of  the  common  counts  under  the 
Code.    34  L.R.A.(N.S.)  364. 

Recovery  on  common  counts  by  one  who 
abandons  a  contract  for  work  or  labor 
or  services  without  cause  or  justifica- 
tion.    L.R.A.1916E,  790. 


COMMON  DEALER. 

Necessity  that  indictment  or  information 
for  sale  of  liquor  by  comon  dealer  state 
name  of  purchaser.  23  L.R.A. (N.S.) 
582. 


COMMON  EMPLOYMENT. 

Persons  engaged  in,  as  fellow  servants,  see 
Master  and  Servant,  §§  139-143. 


COMMON    KNOAVLEDGE. 

Right  of  jurors  to  act  on.    37  L.R.A. (X.S.) 
793. 


20G 


INDEX  TO  L.R.A.  NOTES. 


COMMON  KNOWLEDGE— cont'd 
Appeals  by   counsel    in    argument  to   com- 
mon knowledge  of  jurors.    L.R.A. 1918D, 
7«. 


COMMON  LAW. 

8    1.  Generally. 

Common-law  bonds,  see  Common-Law  Bond. 

Common-law  right  of  action  for  death,  see 
Death,  §  5. 

Aa  to  title  umlir  nontidal  rivers.  42  L.R.A. 
166. 

Common-law  riglit  of  action  of  parent  for 

■'■  Iffete  of  services  of  child  killed.  41 
L.R.A.  807. 

Conflicting  interpretations  of  common-law 
rules  in  different  jurisdiction^.  6 
L.R.A.  (N.S.)  212;  18  L.R.A.  (N.S.) 
880. 

When  rules  of  common  law  differently  in- 

'"•"'terpreted  in  different  states.  56  L.R.A. 
219. 

Federal  courts  following  state  decisions 
based  on.     40  L.R.A. (N.S.)    388. 

Oral  proof  of  modification  of.  25  L.R.A. 
462. 

Sufficiency  of  common-law  indictment  for 
forgery  to  support  conviction  for  simi- 
lar statutory  offense.  33  L.R.A.(N.S.) 
946. 

Effect  upon  common-law  right  to  change 
one's  name  of  statute  providing  for 
such  change  by  judicial  proceedings. 
26  L.R.A.(N.S.)   1167. 

§  2.  Presumption  as  to. 

Jurisdiction  with  respect  to  which  pre- 
sumption in  favor  of  common  law  may 
be  indulged.    67  L.R.A.  40. 

Conflict  between  presumption  in  favor  of 
common  law  and  presumption  that  law 
of  other  jurisdiction  is  the  same  as 
that  of  the  forum.     67  L.R.A.  41. 

Presumption  as  to  common  law  of  other 
state.     21  L.R.A.  472. 

Presumption  in  favor  of,  when  law  of  other 
state  not  proved.    34  L.R.A. (N.S.)  270. 

§   3.  Adoption  of,   in  United  States. 
Adoption  of  the  common  law  in  the  United 
States.    22  L.R.A.  501. 


COMMON-LAW   BOND, 


May  bond  of  public  officer  intended  as  stat- 
utory bond,  but  not  binding  as  such,  be 
enforced  as  a  common-law  bond.  21 
L.R.A.(N.S.)    768;   L.R.A.1917B,  1017. 


COMMON  PRACTICE. 

See  Custom  and  Usage. 


COMMONS. 


What  use  of,  amounts  to  diversion  from  the 
use  for  which  they  were  dedicated.  25 
L.R.A.(N.S.)  980;  50  L.R.A.(N.S.)  465. 


COMMON    SCHEME. 

Evidence    of    other    crimes    to    show.      62 
L.R.A.  199,  218,  291. 

♦-•-♦ 


COMMON    SCHOOLS. 

See  Schools. 

«-•-♦ 


COMMON   SCOLD. 

Cruel    and    unusual    punishment    of.      35 
L.R.A.  571. 


COMMUNISM. 


Public  policy  as  related  to  communistic  lite 
or  tenure  of  property.  8  L.R.A. (N.S.) 
909;   52  L.R.A. (N.S.)   459. 

Disposition  of  property  of  communistic  so- 
ciety upon  dissolution.  L.R.A.1918D. 
1150. 


COMMON-LAW  MARRIAGE. 

See  Marria«b,  §  5. . 

As  a  "dependent"  within  meaning  of  Work- 
men's Compensation  Statutes.  L.R.A. 
1918F,  484. 

Begin  uHth  this  hook  on  every  Inw  questiott. 


COMMUNITY  OF  INTEREST. 

Creation  of  partnership  by  community  of 
interest  in  capital  stock.  18  L.R.A. 
(N.S.)   1084. 


COMMUNITY    PROPERTY. 

See  Husband  and  Wife,  §§  28-32. 


COMMUNITY   RESIDENCE. 

As  violation  of  restrictive  covenant  in  deed. 
41  L.R.A.(N.S.)  615. 


COMMUTATION. 


31 


Of  sentence,  effect  on  marriage  relation. 

L.R.A.  519. 
Effect  of  commutation  of  sentence  of  crime 

on    conjugal    rights.      7    L.R.A.  (N.S.) 


INDEX  TO  L.R.A.  NOTES. 


201 


COMMUTATION— cont'd 

Time  allowance  to  prisoner  whose  sentence 

Las  been  commuted  from  life  to  a  term 

of  vears.    L.R.A.1915B,  95. 


COMMUTATION  RATES. 

Tower  of  Public  Service  Commission  to  regu- 
late.   L.R.A.1918C,  480. 


COMORTGAGEES. 


_A8  parties  to  proceeding  to  enforce  mort- 
gage for  part  of  debt.    37  L.R.A.  741. 


COMPACT. 


■Effect    of,    on    jurisdiction    over    boundary 
rivers.     65  L.R.A.  957. 


COMPANION. 


Injury  to  companion  of  driver  of  automo- 
bile, see  Auto  MOBILES,  §  8. 

Imputing  negligence  of  driver  to,  see  N&GLI- 
QENCE,   §§  42,  44. 


■♦•» 


COMPANY   liAW. 

"See    CORPOBATIONS. 

♦*» 

COMPARATIVE    INJURY. 

Doctrine  of,  in  injunction  suit,  see  Injunc- 
tion, §§  26,  69a. 


COMPARATIVE   NEGIilGENCE. 

In  case  of  violation  of  police  ordinance 
affecting  operation  of  railroads.  6 
L.R.A.(N.S.)    239. 

Burden  of  proof  as  to.  33  L.R.A.  (N.S.) 
1151. 


COMPARISON. 


Admissibility  of  instrument  for  purpose  of, 

see  Evidence,  §  149. 
Of  handwriting,  see  Evidence,  §§  149,  201- 

203. 
Of  typewriting,  see  Evidence,  §  205a. 

Exhibition  of  person  for  purpose  of  com- 
parison, in  order  to  show  resemblance. 
52  L.R.A.  502. 

Exhibition  of  child  for  purpose  of  deter- 
mining paternity  in  bastardy  proceed- 
ings.    L.R.A.1917B,  1148. 

Consult  also  L.R.A.  Digests  of  Cases. 


COMPENSATION. 

Of  attorney,  see  Attorneys,  §§  18-22. 

Of  broker",  see  Brokers,  §§  8-13. 

Of  corporate  officers,  see  Corporations, 
§   49. 

Of  personal  representative,  see  Executors 
AND  Administrators,  §  52. 

Of  insurance  agent,  see  Insurance,  §  21. 

Of  employee,  see  Master  and  Servant, 
§§  24-31. 

Of  officers,  see  Municipal  Corporations, 
§  120;  Officers,  §§  31-37,  44. 

Of  copartner,  see  Partnership,  §§  27,  35, 
43, 

Of  physician,  see  Physicians  and  Sur- 
geons, §§  19,  20, 

Of  agent,  see  Principal  and  Agent,  §  36, 

Of  seamen,  see  Seamen,  §  2, 

Of  trustee,  see  Trusts,  §  24, 

Of  witnesses,  see  Witnesses,  §§  48-51. 

Measure  of,  see  Damages,  III, 

For  private  property  taken  for  public  use, 
see  Damages,  §§  82-93;  Eminent  Do- 
main, §§  45-53, 

For  use  of  land  by  tenant,  see  Landlord 
AND  Tenant,  V, 

Right  to  compensation  for  property  de- 
stroyed in  abating  nuisance,  see  Nui- 
sances, §  23. 

Receiver's  right  to,  see  Receivers,  §  13, 

Compensation  charged  by  lender's  agent  as 
usury,  see  Usury,  §  3. 

Right  of  finder  of  property  to,  37  L.Il,A. 
119. 

Right  of  pastor  to.  38  L.R.A,  689;  52  L.IL.A. 
(N.S.)   171. 

Right  of  promoter  to  recover  from  fellow- 
promoters  compensation  for  promotion 
services.     L.R.A.1918E,  844. 

For  services  by  member  of  syndicate.  40 
L.R.A.  226. 

Of  carrier  for  pens  and  stock  yards,  44 
L.R.A.  295. 

For  purchase  of  plant  for  supplying  water 
to  municipality.     61  L.R.A.  48. 

For  water  power  granted.     67  L.R.A.  401. 

Right  of  abutting  owner  for  compensation 
for  vacation  of  highway.  36  L.R.A. 
(N.S.)  1115, 

Tenant's  right  to  compensation  for  improve- 
ments under  covenant  by  landlord  to 
pay  at  expiration  of  term,  where  lease 
is  forfeited  for  default  of  tenant.  24 
L.R.A.(N.S.)   1082. 

Libel  in  charging  one  with  exacting  exces- 
sive compensation  for  goods  or  services. 
40  L.R,A.(N.S,)  79. 


COMPETENCY. 


Of  judge,  see  Judges,  §  3. 

Of  juror,  see  Jury,  §§  11,  14. 

Of  witnesses,  see  Witnesses,  §§  9-25. 


COMPETING    RAILROADS, 

Consolidation  of,  see  Railroads,   §§  9-11. 


208 


INDEX  TO  L.RJ^.  NOTES. 


COMPETITION. 


As  to  contracts  in  restraint  of,  ace  Con- 
tracts, §§  107-109,  117,  118;  Monop- 
oly AND  Combinations. 

Injunction  against  engaging  in,  see  INJUNC- 
TION, §§  1.3,  14. 

Suppression  of,  at  judicial  sale,  see  Judi- 
cial Salk,  §  9a. 

Agreement  by  servant  not  to  engage  in  com- 
peting business,  see  Master  and  Serv- 
ant, 8§  8,  16. 

Right  to  trademark  as  against  competitor, 
see  Trademark. 

Right  to  trade  name  as  against  competitor, 
see  Tradename. 

Unfair  competition,  see  Unfair  Compe- 
tition. 

Does  the  competition  with  one's  business, 
which  results  from  the  ultra  vires  act 
of  a  corporation,  entitle  him  to  chal- 
lenge the  power  of  the  corporation  to 
engage  therein.     12  L.R.A.(N.S.)    757. 

Right  of  one  selling  business  and  good  will 
to  engage  in  competing  business.  19 
L.R.A.{N.S.)   762. 

Liability  of  individual  in  absence  of  any 
element  of  conspiracy  for  driving  away 
another's  customers.  22  L.R.A.  (N.S.) 
1224;  L.R.A.1916B,  1180. 

Right  of  husband  to  prevent  wife  engaging 
in  separate  business  in  competition 
with  his  own.     32  L.R.A. (N.S.)   837. 

Competition  with  owner  of  fee  as  aflFect- 
ing  use  to  which  railroad  right  of 
way  may  b«  devoted.  36  L.R.A.(N.S.) 
515. 

Subsequent  competition  with  employer  as 
defense  to  action  for  damages  by  wrong- 
fully discharged  employee.  6  L.R.A. 
(N.S.)  79. 

Validity  of  agreement  to  surrender  right  to 
purchase  property  at  private  sale.  44 
L.R.A.  (N.S.)    1115. 

Right  of  public  service  corporation  to  chal- 
lenge powers  or  privileges  of  rival. 
L.R.A.1916B,  1087. 


COMPILATION. 


COMPLETE    OWNERSHIP. 

Of  insured  property,  see  Insurance,  §  67. 

♦-•-♦ 

COMPLICATED  ISSUES. 

Denial  of  jury  trial  because  of.     39  L.R.A. 
(N.S.)  45. 


COMPLIMENTARY   PASS. 

Right  of  person  riding  on.     22  L.R,A.  796. 


COMPOSITIONS. 


Power  of  school  authorities  to  require  prep- 
aration of,  by  pupils.  47  L.R.A. (N.S.) 
202. 

Giving  prize  for  composition  as  lottery.  6 
B.  R.  C.  780. 


Of  laws,  power  of  legislature  to  enact  or 
amend  by  single  statute.  55  L.R.A. 
833. 


COMPILER. 


Common-law   right  of  compiler  of  literary 
materials.     51   L.R.A.  358. 


♦  *» 


COMPLAINT. 

In  contempt  proceedings,  see  Contfmpt,  §  4. 
In    criminal    prosecution,   see   Indictment, 

ETC. 

In  civil  cases,  see  Pleading,  §§  16-35. 

Begin  with  this  hook  on  every  laiv  question. 


COMPOSITION  WITH  CREDITORS. 

§  1.  Generally. 

Validity  of,  generally.     20  L.R.A.  802. 
Set-off  in  case  of  overpayment.     55  L.R.A. 

50. 
New  promise  after  discharge  by.    53  L.R.A. 

363. 
Applicability  to  composition  agreements  of 

rule  as  to  payment  of  part  of  liquidated 

and   undisputed    debt   as   consideration 

for  discharge  of  the  whole.     11  L.R.A. 

(N.S.)   1024. 
Composition     with     creditors:      preference 

created  by  act  or  undertaking  of  third 

party.     2  B.  R.  C.  460. 

§  2.  Effect  of  giving  one  creditoF  a 
secret  advantage. 

Effect  on  the  composition.    27  L.R.A.  33. 

Action   on   original    claims.     27   L.R.A.   35. 

Contracts  to  induce  assent  to  a  composition. 
27  L.R.A.  36. 

Action  for  balance.    27  L.R.A.  38. 

Reservation  of  part  of  the  original  claim 
from   the   composition.      27    L.R.A.   38. 

Liability  to  creditor  on  obtaining  a  fraudu- 
lent preference.     27   L.R.A.   39. 

Composition  not  general.     27  L.R.A.  39. 


COMPOUNDING    FELONY. 

Validity  of  contracts  for,  see   Contracts,. 
§  91. 

Effect  of  award  founded  upon.     58  L.R.A. 

182. 
Compounding,  injunction  against  enforcing 
contract"  for.     48  L.R.A.  848. 
As  ground  of  injunction  against  judg- 
ments   by    confession.      30    L.R..\. 
240. 


INDEX  TO  L.R.A.  NOTES. 


209 


COMPOUNDING  FELONY— cont'd 

Actual  commission  of  antecedent  crime  as 
an  ingredient  of  tlie  offense.  7  L.R.A. 
(N.S.)   709. 

Right  to  recover  back  money  paid  to  sup- 
press a  threatened  prosecution  for  a 
crime.     L.R.A.1918C,  73. 

Right  to  recover  back  money  loaned  for 
the  purpose  of  being  used  to  compound 
a  felony  or  with  knowledge  of  bor- 
rower's intention  so  to  use  it.  L.R.A. 
1918C,  248. 


COMPOUNDING  MEDICINE. 

Dutv    of    druggist    or    apothecary    in.      29 
'L.R.A.(N.S.)  900;  47  L.R.A.(N.S.)  673. 


COMPOUND  INTEREST. 

In  general,  see  Interest,  §  20. 
As  usury,  see  Usubt,  §  8. 

Conolusiveness  of  stated  or  settled  account 
containing  inaccuracv  or  error  in 
charging.     23  L.R.A.  (N.S.)    790. 


COMPRESSED  AIR. 

Liability  of  employer  for  injury  to  femployee 
by  air  forced  into  body  by  other  em- 
ployees.    L.R.A.1918E,  508. 

Recovery  under  Workmen's  Compensation 
Act  for  injuries  resulting  from  turning 
of  compressed  air  hose  on  fellow-em- 
ployee in  sijort.     L.R.A.1918E,  505. 


■♦♦» 


COMPRESSING    COTTON. 

Delegation  by  legislature  to  railroad  com- 
mission of  power  as  to.  32  L.R.A. 
(N.S.)    652. 

EfTect  of  breaking  continuity  of  shipment 
of  cotton  for  purpose  of  compressing  it, 
upon  its  interstate  character.  L.R.A. 
1917D,  1190. 

Transit  privilege  as  to.     L.R.A.1918A,  178. 

^*» 


COMPROMISE  AND  SETTLEMENT. 

§   1.  Generally. 

Of  suit  by  client,  see  Attorneys.  §  20. 

Of  claim  for  wrongful  death,  see  Death,  §  14. 

Of  divorce  suit,  see  Divorce  and  Separ- 
ation, §  6. 

Of  infant's  cause  of  action,  see  Infants,  §  34. 

Effect  of  good  faith  in  respect  to,  see  Good 
Faith,  §  3. 

See  also  Accord  and  Satisfaction. 

Attempt  to  compromise  action  for  death  or 
bodily  injury  in  other  state  as  condi- 
tion of  maintaining  action.  56  L.R.A. 
222. 

As  defense  on  action  for  debts  assumed  on 
dissolution  of  partnership.  9  L.R.A. 
(N.S.)    111. 

Basis  for  computing  share  of  attorney  en- 
titled to  certain  proportion  of  recovery, 
where  suit  is  compromised  for  certain 
sum  and  attorney's  fee.  22  L.R.A. 
(N.S.)   776. 

Consult  also  L.R.A.  Digests  of  Cases. 


COMPROMISE  AND  SETTLEMENT— 
cont'd 

Liability  of  public  officer  to  sureties  of  an- 
other public  officer  for  loss  sustained 
by  them  through  former's  neglect  to 
require  proper  settlement  of  accounts. 
28  L.R.A.(N.S.)    115. 

Injunction  against  judgment  obtained  in 
violation  of  agreement  for.  30  L.R.A. 
790. 

Voluntariness  of  confession  induced  by 
promise  to  obtain  compromise  of  crimi- 
nal prosecution.     18  L.R.A.  (N.S.)    822. 

Voluntariness  of  confession  induced  by 
promise  to  settle  civil  action.  18 
L.R.A.(N.S.)    823. 

Loss  by  attorney  of  compensation  by  un- 
authorized compromise.  42  L.R.A. 
(N.S.)  862. 

Right  of  minoritv  stockholders  to  prevent. 
43  L.R.A.(N.S.)    498. 

Fraud  or  perjury  as  ground  of  attack -upon 
a  judgment  entered  upon  Btipu)ation 
or  compromise.     45  L.R.A. (N.S.)    1159. 

Propriety  of  reference  by  counsel  in  argu- 
ment to  iurv  to  oners  of  settlentent. 
L.R.A.1918D,"  68. 

§  2.  What  is  a  proper  subject  of. 

Must  a  claim  be  doubtful  to  sustain  a 
compromise.     15  L.R.A.  438. 

May  void,  invalid,  or  unfounded  claim  be 
the  subject  of  a  valid  compromise. 
25  L.R.A.  (N.S.)  275. 

Right  to  compromise  or  settle  bastardy  pro- 
ceedings.    L.R.A.1918D,  291. 

§  3.  Who  may  make. 

Authority  of  attorney  to  compromise  cause 
of  action,  see  Attorneys,  §  14. 

Of  action  for  death,  who  mav  make.  21 
L.R.A.  158. 

Validity  of  contract  between  husband  and 
wife  to  compromise  pending  or  con- 
templated divorce  suit.     60  L.R.A.  406. 

By  assignee  for  creditors.     23  L.R.A.   578. 

Right  of  parent,  guardian,  or  next  friend  to 
compromise  infant's  cause  of  action  for 
personal  injuries.  21  L.R.A.  (N.S.) 
338;  L.R.A.i918C,  68. 

By  personal  representative  of  claim  due 
estate.     14  L.R.A.  414. 

Settlement  of  cause  of  action  for  death  by 
beneficiaries  without  assent  of  exe- 
cutor or  administrator.  35  L.R.A. 
(N.S.)   207. 

Authority  of  pledgee  to  compromise  obliga- 
tions held  as  collateral  security.  28 
L.R.A. (N.S.)   980. 

Implied  authority  of  claim  agent  to  promise 
employment  to  induce  settlement  of 
claim.      38   L.R.A. (N.S.)    826. 

Power  of  president  and  vice  president  of 
corporation  to  compromise  or  settle 
claims.     14  L.R.A.  359. 

Power  of  indemnity  insurer  with  respect  to 
settlement  of  claims.  6  L.R.A. (N.S.) 
562;   52  L.R.A. (N.S.)    126. 

Right  of   town,   county   or  municipality  to 
surrender   valid  claim   on   partial   pay- 
ment thereof.     19  L.R.A. (N.S.)   320. 
14 


COMPROMISE      AND      SEITLEMENT— 

cont'd 
Right  of  insured  under  policy  indemnifying 

against  liability  for  damages  or  injury, 

to  settle  the  part  of  a  claim  in  excess 

of     insurer's     liability.       L.K.A.1917D, 

957. 
Right  of  parties  to  compromise  or   settle 

bastardy      proceedings.      L.R.A.1918D, 

291. 


INDEX  TO  L.R.A.  NOTES. 


§  4.  Consideration  for. 

Consideration  for  compromise  of  bastardy 
proceedings.     L.R.A.1918D,  300. 

Sufficiency  of  consideration  for  compromise 
of  void,  invalid,  or  unfounded  claim. 
25  L.R.A.(N.S.)  288. 

Partial  payment  of  liquidated  and  undisput- 
ed debt  as  consideration'  for  discharge 
of  entire  debt.  11  L.R.A.(N.S.)  1018; 
21  L.R.A.(N.S.)  1005;  L.R.A.1917A, 
719. 

Promise  of  additional  compensation  for 
completing  an  executory  contract  other 
than  for  the  payment  of  money.  11 
L.R.A.(N.S.)  789;  28  L.R.A.(N.S.) 
460. 

§  5.  As  consideration  for  promise. 

Compromise  or  settlement  of  invalid  claim 
as    consideration    for    a    promise.      5 

L.R.A.(N.S.)  725. 

§  6.  Validity;  effect. 

EflFect  of  fraud  on,  see  Fraud  and  Deceit, 

§  17. 
Effect  of  mistake,  see  Mistake,  §  13. 

Binding  effect  of  settlement  by  sole  heir  or 
distributee  of  claim  belonging  to  estate 
upon  administrator.  11  L.R.A. (N.S.) 
148. 

Validity  of  new  contract  based  on  compro- 
mise of  illegal  contract.  9  L.R.A. 
(N.S.)  568. 

Effect  of  compromise  of  void,  invalid,  or 
unfounded  claim.    25  L.R.A.( N.S. )  283. 

Effect  of  compromise  agreement  locating 
division  line  at  place  known  not  to  be 
the  true  boundary.  10  L.R.A. (N.S.) 
610. 

Does  settlement  by  injured  person  of  his 
claim  against  tort  feasor  preclude  an 
action  fnr  bis  death  resulting  from  the 
Injury.  27  L.R.A,(N.S.)  176;  L.R.A. 
1916E,  1163. 

Settlement  by  beneficiary  with  trustee  as 
preventing  former  from  holding  latter 
liable  for  losses  to  trust  estate  from 
investments.      44    L.R.A. (N.S.)    980. 

Right  to  maintain  action  on  original  claim 
fot-  mere  failure  to  pay  at  time  stipu- 
lated in  compromise  agreement.  45 
L.R.A.(N.S.)   1062. 

Elffect  of  settlement  of  claim  on  liability  of 
indemnity  insurance  company.  52 
L.R.A.(N.S.)    128. 

Effect  of,  on  right  to  maintain  an  action 
for  malicious  prosecution.  L.R.A. 
1915A,  601. 

Effect  of  compromise  by  original  insurer  on 
liability  of  reinsurer.     6  B.  R.  C.  896. 

Begin  toith  this  booh  on  every  law  question. 


COMPROMISE  AND  SETTLEMENT— 
cont'd 

Settlement  between  insured  and  tort-feasor 
as  affecting  insurer's  rights  to  subroga- 
tion.    L.R.A. 1916A,  1282. 

Unaccepted  offer  of,  as  tolling  statute  of 
limitations.     37  L.R.A. (N.S.)    885. 

As  affecting  right  to  protection  under  re- 
cording law  of  mortgage  given  for  pre- 
existing indebtedness.  3:?  L.R.A. (N.S.) 
61. 

Termination  of  civil  action  by,  so  as  to  sup- 
port suit  for  malicious  prosecution. 
2  L.R.A.(N.S.)   952. 

Termination  of  criminal  prosecution  by,  so 
as  to  support  suit  for  malicious  prose- 
cution.    2  L.R.A. (N.S.)    945, 

§     7.  Relief  from. 

Rescission  of  compromise  of  void,  invalid, 
or  unfounded  claim,  25  L.R.A. (N.S.) 
308. 

Relief  from  mistake  as  to  compromise  and 
settlement.     28   L.R.A.  (N.S.)    841, 

Mistake  as  to  state  of  account  or  amount 
due  as  ground  of  relief  from   compro-  , 
mise  agreement.     46  L.R.A. (N.S.)   279. 

Collateral  attack  for  fraud  not  affecting 
jurisdiction.     36  L.R.A. (N.S.)    982. 

In  case  of  settlement  under  accident  insur- 
ance policy  under  mistake  as  to  extent 
of   injury.      L.R.A.1918E,   93L 

Settlements  and  releases  of  each  other  by 
corporate  promoters.   L.R.A.1918E,  840, 


COMPTROIiLER. 


Power  of  courts  to  enforce  ministerial  du- 
ties of  state  comptroller.  52  L.R.A. 
(N.S.)  438. 


COMPUIiSION. 


See  Dubess. 


COMPUIiSORY    ATTENDANCE. 

At  school,  see  Schools,  §§  3,  3a. 


COMPULSORY  DRAINAGE. 

Compulsory  provision  for  permitting  con« 
nection  of  property  with  drain  or 
sewer.    70  L.R.A.  242. 


COMPULSORY    EDUCATION. 

See  Schools,  §  3a. 


COMPULSORY  FEES. 


Of  pilot,  see  Pilot,  §  2. 


INDEX  TO  L.R.A.  NOTES. 


211 


COMPULSORY  INDUSTRIAL   INSUR- 
ANCE. 

See  iNSUBA.vcE,  §  3. 


COMPULSORY  MILITARY   SERVICE. 

Validity  of  statute  making  military  service 
compulsory.     7  B,  R.  C.  593. 

Purchase  of  substitute  for  husband  in  army 
as  a  family  expense  or  necessary  within 
statute  rendering  wife  or  her  property 
liable  therefor.     L.R.A.1917F,  864. 

Court  decisions  under  Selective  Service  Act 
of  May  18,  1917.     L.R.A.1918E,   1018. 


COMPULSORY   WITNESS. 

Right    of    party    calling    to    impeach. 
L.R.A.  422. 


C03IPULS0RY    PAYMENT. 

Recovery  back  of  money  paid  involuntarily, 
see  AssLMPSiT,  §  4. 

Extinction  of  judgment  against  principals 
by  compulsory  payment  by  surety.  68 
L.R.A.  583. 

When  payment  of  license  fee  is  compulsory. 
22  L'.R.A.(N.S.)   873. 


♦  >  » 

COMPULSORY  REFERENCE. 

See  Refebence,  §  2. 

♦•» 


COMPULSORY   SERVICE. 

Compulsory  military  service,   see   Comptji-- 

soBY  Military  Service. 
By  carrier,  see  Carriers,  §§  40,  109,  139, 

140,  149. 
By  gas  company,  see  Gas,  §§  5,  6. 
By  innkeeper,  see  Innkeepers,  §  12. 
By  railroad  company,  see  Railroads,  §  44. 
By    street    railway    company,    see    Street 

Railways,  §  9. 
By  telegraph  company,  see  Telegraphs,  §  6. 
By  telephone  company,  see  Telephones,  §  8. 
By  water  company,  see  Waters,  §§114,  115. 

By  party  whose  business  it  is  to  serve  the 
public.     15  L.R.A.  321. 

Power  to  require  carriers  to  transport  per- 
sons in  public  service  at  reduced  rates. 
33  L.R.A.(N.S.)    956. 

Power  to  require  public  service  corpora- 
tion to  carry  municipal  wires  on  its 
poles.     32  L.R.A.  (N.S.)    997. 

Compulsory  use  of  private  property  in  road 
work.  42  L.R.A.(N.S.)  1045;  L.R.A. 
1918D,  974. 


COMPULSORY    VACCINATION. 


See  Vaccination. 
Consttlt  also  L.R.A. 


21 


COMPUTATION. 


Of  time,  see  Time,  §§  16-19.  " 

Mistake   in   computation  by  contractor   as 

ground  for  relief.    L.R.A.1917D,  745. 
Mistake   in    computation    by    contractor    as' 

ground    for    relief.       10    L.R.A.(N.S.) 

114. 
Necessity  of  jury  to  compute  damages  on 

default  judgment.     20  L.R.A. (N.S.)    1. 


CONCEALED    WEAPONS. 

Carrying  of,  see  Carrying  Weapons. 


CONCEALMENT. 


Of  property  by  bankrupt,  see  Bankruptcy, 

■    §  21. 
As  defense  to  action  for  breach  of  promise, 

see  Breach  of  Promise,  §§  4,  5. 
Effect   of  concealment   as   to   character   on 

marital  relation,  see  Character,   §   3. 
As  basis  of  estoppel,  see  Estoppel,  §  28. 
As  fraud,  see  Fraud  and  Deceit,  §  6. 
Effect  of  generally,  see  Fraud  and  Deceit, 

§§  29-31. 
Effect   of,    on    running   of   limitations,    see 

Limitation  of  Actions,  §  36. 

Effect  of  delay  in  probating  concealed  wills. 

57  L.R.A.  258. 
Of  other  crime,  as  motive  for  crime  charged. 

62  L.R.A.  211. 
Of  document  as  ground  for  disbarment  or 

suspension  of  attorney.     L.R.A.1917B, 

384. 
Of  cause  of  action  as  suspending  Statute  of 

Limitation  against  action  for  personal 

injuries  or  death.     L.R.A.1917B,  1259. 


CONCERTS. 


As   violation    of   Sunday   laws.     30  L.R.A. 

(N.S.)    468. 


Digests  of  Cases. 


CONCESSIONARIES. 

Liability  of  one  conducting  place  of  amuse- 
ment for  injury  to  patron  througli  neg- 
ligence of.  14  L.R.A.(N.S.)  284;  32 
L.R.A.(N.S.)  717;  42  L.R.A.(N.S.) 
1073;   L.R.A.1915F,  696. 


21S 


INDEX  TO  L.R.A.  NOTES. 
CONCLUSIVENESS.  CONCURRENT  REMEDIES. 


Of  account  stated,  soe  Accounts,  §  2. 

Of    findings    on    appeal,    see    Appeal    AND 

Error.  §§  ;n-34. 
Of  bill  of  lading,  sw  Carriers,  §  108. 
Of   decisions   of    tribunals   of   associations, 

see  Court,  §  11. 
Of  evidence,  see  Evidence,  XIII. 
Of  judgment,  see  Judgment.  III. 
Of  an  enrolled  bill,  see  Statutes,  §  12. 


Of 
Of 


recitals    in    legislative    journals.      40 
L.R.A.(N.S.)  35. 

witness's  statement  that  documents 
ordered  to  be  produced  would  tend  to 
criminate  him.  24  L.R.A.(N.S.)  170. 
Of  witness's  statement  that  answer  to  ques- 
tion against  which  he  pleads  his  privi- 
lege would  tend  to  incriminate  him. 
49  LJl.A.(N.S.)  826. 


CONCUBINE. 


Riirht  to  recover  for  Iwusehold  services 
rendered  by.  29  L.R.A.(N.S.)  787; 
L.R.A.1917B,  683. 


CONCURRENT   ACTIONS. 

For  death  and  injury.     34  L.R.A.  801. 


CONCURRENT  INSURANCE. 

See  Insurance,  §§  80,  199,  200. 


CONCURRENT   JURISDICTION. 

Of  court;  see  Courts,  §§  48-54. 


In  patent  cases.     51  L.R.A.  801. 

. ♦-•-♦ 

CONCUSSION. 

Liability  for  injury  to  person  or  property 
from  concussion  caused  by  blasting. 
12  L.R.A.(N.S.)  389;  27  L.R.A. (N.S.) 
425;  L.R.A.1915E,  356. 

♦*-♦ 


CONDEMNATION  PROCEEDINGS. 

In  general,  see  Eminent  Domain. 
Measure    of    damages     in,    see    Damages,. 
§§  82-93. 

♦-»♦ 


CONDITION. 


Of  monev  tendered   as  fare,  see  Cabbiebs, 

§  19. 
Conditions,  see  Conditions. 


CONDITIONAL  ESTATE, 

See  Conditions,  II. 


♦*-♦ • 

CONDITIONAL    GUARANTY, 

See  GUABANTT. 


CONCURRENT    LIABILITY. 

Of  insurers,  see  Insurance,  VIII.  g. 

In  case  of  injury  bv  electric  wires  in  high- 
wajr.     31  L.R.A.  586. 

For  injuries  caused  by  condition  of  chat- 
tels delivered  to  master  of  one  injured 
thereby.     46  L.R.A.  122. 

Municipal  liability  for  injury  by  defect  or 
obstruction  in  street  concurring  with 
liabilitv  of  third  person.  20  L.R.A. 
(N.S.)"760. 


CONDITIONAL  INSTRUMENT. 

Forgery  of.     24  L.R.A.  43. 


CONCURRENT    NEGLIGENCE. 

In  general,  see  Master  and  Servant,  §  49; 

Negligence.  §  8. 
Of  master  and  fellow  servant,  see  Master 

AND  Servant,  §§  13.3,  134. 
As  affecting  doctrine  of  last  clear  chance, 

see  Xegi-Igence,  §  50. 
JBf'f/itt  irith  this  hnttlc  on  every  law  question. 


CONDITIONAL    PARDON. 

See  Criminal  Law,  §  86. 


CONDITIONAL    PROMISE. 


27 


Effect  of  to  constitute  account  stated. 

L.R.A.  817. 
By  indorser  to  pay  note  after  dishonor.    29 

L.R.A.  313. 


CONDITIONAL    SALE. 

Conflict   of   laws   as   to,   see   Conflict   of 

Laws,  §  33. 
In  general,  see  Sale,  §§  15-20,  48-52. 


INDEX  TO  L.R.A.  NOTES. 


213 


CONDITIONS. 

7.  In  geneial,  §§  1-7. 
II.  Relating  to  real  property,  §§   S-13. 

I.  In  general. 

§   1.  Generally. 

To  transfer  of  cause  to  appellate  court,  see 

Appeal  and  Error,  §  13. 
Conditions  at  auction,  see  Auction. 
Conditions  of  issuance  of  commercial  bonds, 

see  Bonds,  §  22. 
In    railway    ticket    or    pass,    see    Cabriebs, 

III.  g. 
As    to    performance    of    contract,    see    Con- 
tracts, §§  140-142. 
To   rescission   of   contract,   see  Contracts, 

§   155. 
Covenants,  see  Covenants. 
■Conditions  upon  which  foreign  corporation 

may    transact    business    in    state,    see 

Corporations,  XI.  b. 
In  pardon,  see  Criminal  Law,  §  86. 
Parol  evidence  as  to,  see  Evidence,  §§  173, 

180. 
In  insurance  policy,  see  Insurance,  V,  h. 
To    cancelation     of     insurance     policy,     see 

Insurance,  §  51. 
In  restraint  of  marriage,  see  Marriage,  §  3. 
•Condition  in  violation  of  rule  against  per- 
petuities, see  Perpettuities. 
In  contract  of  sale,  see  Sale,  §§  15-20,  48- 

52. 
To    specific    performance    of    contract,    see 

Specific  Performance,  §  3. 
In  telegraph  blank,  see  Telegraphs,  §  20, 

21. 

Of  suit  against  heirs  for  debts  of  ancestor. 
21  L.R.A.  92. 

Effect  of  payment  on  condition  to  take 
debt  out  of  bar  of  limitations.  55 
L.R.A.  320. 

Reasonableness  of  new  by-laws  as  implied 
condition  of  consent  to  change  of  by- 
laws.    8  L.R.A.  (N.S.)   521. 

Continuance  of  family  as  condition  of  con- 
tinuance of  homestead  where  its  exist- 
ence is  a  condition  of  the  inception  of 
the   homestead.     16   L.R.A. (N.S.)    111. 

Independent  advice  as  condition  of  valid 
gift  inter  vivos  between  parties  occupy- 
ing confidential  relations.  16  L.R.A. 
(N.S.)    1087. 

In  penal  bond,  effect  on  form  of  judgment. 
62  L.R.A.  433. 

Rebuttal  of  presumption  of  acceptance  of 
assignment  or  deed  of  trust  for  credit- 
ors by  conditions  in.    24  L.R.A.  374. 

Imposition  of  conditions  indicating  intent 
to  retain  title  on  delivery  of  personalty 
to  carrier.     22  L.R.A.  424. 

Sufficiency  of  conditional  tender  of  amount 
due  on  mortgage  or  pledge.  33  L.R.A. 
234,  236. 

Is  servant  bound  by  restrictive  provision 
against  conducting  rival  business  where 
he  is  wrongfully  discharged.  1  B.  R.  C, 
502. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONDITIONS,  I.— cont'd 

Condition  imposed  by  manufacturer  as  to 
retail  price  as  binding  upon  retailer 
purchasing  from  middleman.  3  B.  R. 
C.  299. 

Enforceabilitv  of  conditional  subscriptions 
to  charity.     48   L.R.A. (N.S.)    802. 

Modification  prior  to  sale  of  conditions  im- 
posed upon  judicial  sale  of  property. 
L.R.A.1915A,  699. 

Requiring  examinations  as  condition  of  ad- 
mission or  promotion  of  school  pupils. 
L.R.A.1917C,  997. 

§    la.  In   will. 

See  Wills,  §§  83-90. 

§  2.  Relating  to  bills  or  notes. 

Extrinsic  evidence  to  show  who  is  liable 
as  maker  of  note  where  signature  is 
conditional.     20  L.R.A.  713. 

Contemporaneous  agreements  constituting 
condition  of  delivery  of  note.  43  L.R.A. 
480. 

Admissibility  of  parol  evidence  to  show  that 
bill  or  note  was  delivered  upon  con- 
dition. 18  L.R.A. (N.S.)  288;  L.R.A. 
1917C,  306. 

Admissibility  of  parol  evidence  that  writ- 
ten instrument  for  payment  of  money 
was  executed  in  reliance  upon  parol 
promise  that  payment  was  subject  to 
a  condition  not  incorporated  therein. 
18  L.R.A. (N.S.)   434. 

§  3.  Relating  to  corporations. 

Statutory  conditions  as  to  right  of  foreign 
corporation  to  do  business  in  the  state, 
see  Corporations,  §  147. 

Conditional  sanction  by  legislature  to  con- 
solidation of  corporation.  52  L.R.A. 
372. 

Condition  against  foreign  corporation  in- 
voking Federal  jurisdiction.  24  L.R.A. 
294. 

Express  or  implied  condition  in  service  of 
process  on  foreign  corporation.  50 
L.R.A.  590. 

§  4.  To  consent  by  municipality. 

On  giving  consent  to  laying  of  street  rail- 
way tracks,  see  Street  Railways,  §  6. 

Imposition  of  conditions  upon  municipality 

on  permitting  use  of  highway  for  water 

pipes.     61  L.R.A.  78. 
Municipal  power  to  impose  conditions  when 

giving    consent   to    railway    in    street. 

36  L.R.A.  33, 
Power    to    impose    conditions    on    right    of 

burial.    27  L.R.A.(N.S.)  265. 

§  5.  Conditions  precedent. 

To  action,  see  Action  or  Suit,  §§  8-11. 

To  judgment  creditor's  right  to  receiver- 
ship, see  Receivers,  §  4. 

To  rescission  of  contract  of  sale,  see  Sale, 
§§  63,  64. 

To  recovery  back  of  tax  paid,  see  Taxes, 
§  87. 

In  will,  see  Wills,  §  89. 


214 


INDEX  TO  L.R.A.  NOTES. 


CONDITIONS,  I.— cont'd 

Condition  against  taking  effect  of  deed 
until  signed  by  otliers.     45  L.R.A.  341. 

Character,  as  creating  a  condition  precedent 
or  subsequent,  of  testamentary  provi- 
sion that  beneficiary  shall  assume  or 
use  a  certain  name.     7  B.  R.  C.  192. 

Provision  in  devise  for  payment  of  a  sum 
of  money,  or  for  the  support  of  a  third 
person,  as  a  condition  precedent.  L.R.A. 
1917 A,  626. 

Conditions  precedent  to  issuance  of  manda- 
mus to  compel  issuance  of  bonds  of  mu- 
nicipalitv  or  other  public  corporation. 
L.R.A.1918C,  421. 

Execution  of  contract  on  condition  that 
otliers  shall  sign.     45  L.R.A.  321. 

Sale  with  particular  description  as  to  kind 
or  quality  as  a  condition  precedent  or 
a  warranty.     35  L.R.A. (N.S.)    265. 

Condition  in  fire  policy  as  to  keeping,  pro- 
ducing, and  preserving  books  as  a  con- 
dition precedent.  51  L.R.A.  699,  702, 
710. 

Payment  for,  as  condition  precedent  to  use 
of  party  wall.     66  L.R.A.  691. 

To  equitable  relief  against  forfeiture  of 
estate.     69  L.R.A.  836. 

Conditions  precedent  to  execution  sale  of 
property  owned  by  third  parties.  30 
L.R.A.  170. 

Conditions  precedent  to  rescission  or  aban- 
donment of  contract  for  other  party's 
default.     30  L.R.A.  36. 

Membership  in  association  as  condition  of 
right  to  transact  particular  kind  of 
business.     6  L.R.A. (N.S.)   433. 

Demand  for  trial  as  condition  precedent  to 
discharge  of  accused  for  delay.  56 
L.R.A.  538;   44  L,R.A.(N.S.)    871. 

Necessity  of  strict  compliance  with  condi- 
tions of  escrow  agreement.  L.R.A. 
1916A,  502. 

Order  of  arrest  or  capias  ad  respondendum 
as  condition  to  body  execution.  L.R.A. 
1915 A,  706. 

Conditional  subscriptions  to  charity.  48 
I^R.A.(N.S.)    802. 

Return  of  consideration  as  condition  pre- 
cedent to  right  to  set  up  defense  that 
contract  was  made  on  Sunday.  44 
L.R.A.(N.S.)    289. 

Condition  precedent  to  relief  of  member  of 
labor  union  from  unlawful  fine  or  sus- 
pension.    45  L.R.A. (N.S.)  356. 

Compensation  upon  revocation  of  license 
with  respect  to  real  property.  44 
L.R.A. (N.S.)   557. 

Furnishing  of  receptacles  by  buyer  as  pro- 
vided in  contract,  as  condition  pre- 
cedent to  obligation  of  seller.  L.R.A. 
1916D,  730. 

Payment  by  lessor  of  tax  or  assessment  as 
condition  precedent  to  recovery  by 
lessee  under  covenant  in  lease.  L.R  A 
1915A,   355. 

§  6.  Condition   siiltscquent. 

Character,  as  creating  a  condition  precedent 
or  subsequent,  of  testamentary  provi- 
sion that  beneficiary  shall  assume  or 
use  a  certain  name.    7  B.  R.  C.  192. 

Begin  with  this  booTc  on  every  law  question. 


CONDITIONS,  L— cont'd 

Provision  in  devise  for  payment  of  a  sunt 
of  money,  or  for  the  support  of  a  third 
person,  as  a  condition  subsequent, 
L.R.A.1917A,  629. 

Effect  on  a  condition  subsequent  of  a  suc- 
ceeding law  or  act  of  God  preventing 
its  performance.    21  L.R.A.  58. 

§7.  —  forfeiture  for  breach  of. 

Forfeiture  for  breach  of  covenants,  see  Cov- 
enants, §§  20,  24. 

For  breach  of  condition  subsequent  in  will, 
see  Wills,  §  89. 

For  breach  of  conditional  pardon.  14 
L.R.A.  288. 

Municipal  declaration  of  forfeiture  of 
street  francluse  or  privilege  for  breacli 
of  conditions  as  a  judicial  determina- 
tion.    4   L.R.A. (N.S.)    .321. 

Effect  of  provision  for  forfeiture  of  sum& 
paid  or  retained  under  executory  con- 
tract to  prevent  recovery  of  any  other 
damages  after  breach  of  contract.  4 
L.R.A.(N.S.)   755. 

What  amounts  to  a  contest  within  forfeiture 
clause  in  a  will.     21  L.R.A. (N.S.)  953, 

II.  Relating  to  real  property. 

§  8.  Generally. 

Restrictive    conditions    or    covenants,    see 

Covenants,  §§  5-7,  21-25. 
As  to  delivery  of  deed,  see  Deeds,  §§  6-9; 

Escrow. 
In  wills,  see  Wills,  §§  83-90. 

Effect  of  language  in  deed  indicating  pur- 
pose of  grant  or  use  to  which  property 
is  to  be  put.    L.R.A.1918B,  696. 

Liability   of   grantee    upon    a   condition    in 
deed  poll.     23  L.R.A.  396. 

Right  of  purchaser  under  title  bond  in 
possession  to  question  grantor's  right  to 
collect  purchase  money  where  condi- 
tions of  title  bond  are  dependent.  21 
L.R.A. (N.S.)   380. 

Condition  in  deed  tliat  land  is  to  be  used 
for  a  specified  charitable  or  quasi  pub- 
lic purpose.     19  L.R.A.  262. 

Validity  of  restraint  on  alienation  of  fee 
simple  during  limited  time.  3 
L.R.A. (N.S.)  668. 
Condition  in  deed  against  sale  during;- 
lifetime  of  grantor.  L.R.A.1916D, 
930. 

Validity  of  restraints  on  alienation  of  legal 
life  estates.    L.R.A.1918E,  571. 

Validity  of  limitation  of  power  of  aliena- 
tion imposed  upon  grant  of  equitable 
estate  to  married  woman.  28  L.R.A. 
(N.S.)   426;  L.R.A.1917A,  679. 

Validity  and  effect  of  a  provision  in  a  lease 
or  deed  against  using  or  leasing  oth- 
er property  for  competing  business. 
L.R.A.1918E,  665. 

Parol  evidence  that  release  was  delivered 
on  condition.    36  L.R.A.  (N.S.)   1147. 

Dower  in  conditional  estate.  22  L.R.A. 
(N.S.)   691;  39  L.R.A. (N.S.)   307. 

Sale  of  real  property  as  an  abandonment. 
10  L.R.A.  (N.S.) '633. 


INDEX  TO  L.R.A.  NOTES. 


215 


CONDITIONS,  II.— cont'd 
§  9.  For  construction  of  railroad  with- 
in specified  time. 

Character  and  effect  of  provision  in  deed 
to  railroad  for  construction  of 
road  within  a  specified  time.  32 
L.R.A.(N.S.)    117. 

§  10.  Conditions  subsequent. 

Effect  on  a  condition  subsequent  of  a  suc- 
ceeding law  or  act  of  God  preventing 
its  performance.     21   L.R.A.  58. 

Effect  of  license  to  commit  a  breach  of  a 
condition  subsequent,  or  waiver  of  a 
past  breach  thereof,  to  extinguish  the 
condition.     11   L.R.A.(N.S.)    398. 

Right  to  compensation,  in  eminent  domain, 
of  graiitor  vn  conveyance  of  determin- 
able fee,  or  estate  upon  condition  sub- 
sequent.   22  L.R.A.(N.S.)   1063. 

Relief  of  grantor  in  conveyance  in  considera- 
tion of  agreement  to  support,  which  is 
broken  by  grantee.  43  L.R.A.  (N.S.) 
916;  L.R.A.1917D,  627. 

Provision  in  lease  as  to  use  of  property  as 
condition  subsequent  or  special  limita- 
tion.    52  L.R.A.(N.S.)   718. 

Effect  of  attempted  conveyance  to  extinguish 
a  possibility  of  reverter  upon  breach  of 
condition  subsequent.  L.R.A. 1916F, 
311. 

Owner's  right  to  compensation  for  im- 
provements made  by  talker  entering  sub- 
ject to  a  condition  subsequent.  L:R.A. 
1916F,  991. 

§   11.—  forfeiture  for  breach  of. 

Equitable  relief  against  forfeiture  of  estate 
for  breach  of  condition.  69  L.R.A.  836, 
841,  842. 

Suit  for  damages  as  waiver  of  right  to  for- 
feit deed  for  breach  of  condition.  6 
L.R.A. (N.S.)   603. 

Tender  of  deed  or  abstract  of  title  as  condi- 
tion of  enforcing  forfeiture  for  vendee's 
failure  to  pay  last  instalment  of  pur- 
chase money.     28  L.R.A.  (N.S.)   956. 

Effect  upon  remainder  of  forfeiture  of  life 
estate  for  breach  of  condition  subse- 
quent.    21   L.R.A. (N.S.)    605. 

Suit  for  damages  on  waiver  of  right  to  for- 
feit deed  for  breach  of  condition.  5 
L.R.A. (N.S.)   603. 

Necessity  of  entry  or  formal  declaration  of 
forfeiture  as  a  condition  of  maintaining 
action  other  than  for  damages,  based  on 
breach  of  condition  subsequent  in  con- 
veyance of  freehold.  14  L.R.A. (N.S.) 
1188;  23  L.R.A.  (N.S.)  938;  L.R.A. 
1917C,  882. 

Reverter  of  land  dedicated  or  conveyed  for 
purposes  of  courthouse  upon  removal 
of  courthouse,  or  failure  to  use  land  for 
courthouse  purposes.  35  L.R.A. (N.S.) 
603. 

§  12.  — right  of  entry  on  condition 
broken. 

Landlord's  right  of  re-entry  for,  see  Land- 
lord AND  Tenant,  §  94. 

Nature  of  the  right.     60  L.R.A.  750.    ■ 
Rule  against  transferability.    60  L.R.A.  754. 
Exceptions  to  rule.     60  L!R.A.  760. 
Consult  alfio  L.R.A.  Tiigests  of  Cases.' 


§   13.  — right  to  rescind  for  breach. 

Does  grantor's  right  to  rescind  for  breach 
of  condition  as  to  support  descend  to 
his  heirs  or  representatives.  23  L.R.A. 
(N.S.)    232. 


CONDITIONS  BROKEN. 

See  Conditions,  §§  7,  11-13. 
♦  * » 


CONDITIONS  PRECEDENT. 

See  Conditions,  §  5. 


CONDITIONS  SUBSEQUENT. 

See  Conditions,  §§  6,  7,  10-13. 


CONDONATION. 


As  defense  to  divorce,   see   Divorce,   §   32. 
Of   servant's    breach    of    duty,    see   Masteb 
AND  Servant,  §  39. 


CONDUCT. 


Estoppel  by,  see  Estoppel,  §§  13-15. 

Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  673. 
Effect  of  conduct  of  traveler  on  innkeeper's 

duty  as  to  shelter  and  entertainment. 

2  B.  R.  C.  692. 


CONDUCTORS.  * 


In  general,  see  Carriers,  III. 
As  fellow  servant  of  other  railway  employ- 
ees, see  Master  and  Servant,  §  150. 

Authority  of,  to  contract  for  services  of  oth- 
er persons.     L.R.A.1918F,  64. 


CONDUIT. 

See  also  Pipe  Line;  Pipes. 
Under  highway,  see  Highways,  §§  22,  23, 
25. 


CONFECTIONERY. 

Law  prohibiting  operation  of  confectionery 
establishment  upon  certain  premises. 
44  L.R.A.(N.S.)   48. 


CONFEDERATE  BONDS. 

Personal  liability  of  a  trustee  for  losses  to 
estate  from  investments  in.  44  L.R.A. 
(N.S.)    888. 


216  INDEX  ID  L.R.A.  NOTES 

CONFEDERATE  MONEY. 


As  medium  of  payment,  see  Patment,  §  9. 

Award  on  contract  for.     58  L.R.A.  ]83. 
Injunction  against  enforcing  contracts  for. 

48  L.R.A.  843. 
Injunction   against  judgment   on   debt  for. 

31  L.R.A.  758. 


CONFEDERATE   SOLDIERS. 

Validity  of  pension  or  bounty  to.     45  L.R.A. 
(N.S.)   692. 


CONFEDERATE  STATES. 

Conclusiveness  of  judgment  of  courts  of.     20 
L.R.A.  681. 


CONFESSION. 


Admissibility  of,  see  Evidence,  IX. 
Of  judgment,  see  Judgment,  §§  5,  6,  30,  68, 
89. 

*•¥ 

CONFIDENCE  GAME. 

See  False  Pbetenses. 

♦  •» 

CONFIDENTIAL  ADVISER. 

Oral  promise  by  confidential  adviser  to  one 
conveyipg  land  to  him  to  hold  in  trust 
as  giving  rise  to  constructive  trust.  39 
L.R.A.(N.S.)  924. 


CONFIDENTIAL    COMMUNICATION. 

Admissibility  in  evidence,  see  Evidence,  §§ 

220-226. 
Privilege  of,  see  Libel  and  Slandee,  III.  e. 

Liability    for    disclosing    confidential    com- 
munications.   L.R.A.1917C,  1131. 


■»•» 


CONFIDENTIAL    RELATIONS. 

See  Fiduciaby  Relations. 


CONFINEMENT. 


Of  convicted  criminal,  see  Criminal  Law, 

yi. 

Of    incompetent    person,    see   Incompetent 

Persons,  §  17. 
Begin  ^cith  thin  book  on  every  law  question. 


CONFINEMENT— cont'd 

Danger  to  health  from,  as  ground  for  re- 
moval or  release  on  bail.  31  L.R.A. 
(N.S.)  916. 


CONFIRMATION. 


Of  judicial  sale,  see  Judicial  Sale,  §  16a. 
Of  bid  for  public  contract.     26  L.R.A.  711. 


CONFISCATION. 


Right  of  state  to  confiscate  cigarettes  im- 
ported for  personal  use.  4  L.R.A. 
(N.S.)   528. 

Of  property  found  in  bawdyhouse.  52 
L.R.A. (N.S.)    932. 

Of  personal  property  used  in  violation  of 
game  or  fish  laws.  3  L.R.A.  (N.S.) 
997;  L.R.A.1916F,  913. 

Of  property  used  in  violation  of  law,  effect 
on  rights  or  interests  of  innocent  per- 
sons.     L.R.A. 1916E,    343. 

By  rates  established  for  public  service  cor- 
porations.    L.R.A.1915A,  5. 


CONFLICTING    GRANTS. 

Of  water  power.    67  L.R.A.  372. 
#  «  » 
CONFLICT  OF  AUTHORITY. 

As  to  ratification  of  forged  instrument. 

L.R.A.(N.S.)  1007. 


36 


CONFLICT  OF  INTERESTS. 

Of  principal  and  agent,  see  Pbincipal  and 
Agent,  §§  33-35. 


CONFLICT    OF    LAWS. 

I.  As  to  rights,  §§  1-37. 
a.  In  general,  §  1. 
1).  As     to    contracts;    insurance, 
§§  2-12. 

c.  Domestic  relations,  §§  13-17. 

d.  Corporate  matters,  §§   lS-19a. 

e.  Torts    and    crimes    generally; 

penal  statutes,  §§  20-2^. 

f.  Assignment   for   creditors;   in- 

solvency and  bankruptcy  pro- 
ceedings; receivers,   §  23. 
fir.  Rights    in   property   generally, 

§§    26,    27. 
h.  Transfers   of   property   gener- 
ally,   §§.  28-31. 
i.  Chattel  mortgages;  conditional 
sales,  §§  32,  33. 


INDEX  TO  L.R.A.  NOTES. 


217 


CONFLICT  OF  LAWS,  I.— cont'd 

j.  Descent        and        distribution; 

wills,   §§   34,   35. 
fc.  Talcing  liquor  into  prohibition 

territory,  §36. 
I.  As  to  copyrights,  §  37. 
II.  As  to  remedies,  §§  38-45. 

Abatement  of  action  by  pendency  of  siiit 
in  other  state,  see  Abatement  and 
Revival,  §  6. 

Jurisdiction  over  nonresidents  generally, 
see  Courts,  §§  19-26. 

Jurisdiction  of  action  with  respect  to  land 
in  another  state,  see  Courts,  §§  21,  22. 

Conflict  of  jurisdiction,  generally,  see 
Courts,  §§  48-54. 

Presumption  as  to  foreign  laws,  see  Evi- 
dence, §  20. 

Situs  of  property  for  purposes  of  taxation, 
see  Taxes,  III. 

Jurisdiction  as  affected  by  mode  of  service 
of  process,  see  Writ  and  Pbocess,  II. 

/.  As  to  rights, 
a.  In  general. 

§   1.  Generally. 

Conflicting  interpretations  of  common-law 
rules  in  different  jurisdictions.  6  L.E.A. 
(N.S.)   212;  18  L.R.A.  (N.S.)   880. 

Enforcement  of  wife's  liability  under  stat- 
ute of  another  state,  for  a  debt  con- 
tracted by  her  husband.  17  L.R.A. 
(N.S.)    426. 

Federal  courts  following  state  decisions  as 
to.     40  L.R.A.(N.S.)    426. 

ft.  As  to  contracts;  insurance. 

§  2.  Generally. 

^Measure  of  damages  for  breach  of  contract. 
56  L.R.A.  301,  62  L.R.A.  37. 

Interest  by  way  of  damages  for  breach  of 
contract.     56  L.R.A.  303,  62  L.RA.  37. 

Law  governing  stipulation  in  contract  mak- 
ing notice  of  damages  a  condition  of 
right  of  action.     7  L.R.A. (N.S.)    191. 

Place  of  consummation  of  contract  when 
offer  by  letter  is  accepted  by  telegram 
or  vice  versa.  6  L.R.A. (N.S.)  1016; 
L.R.A.1916A,  1302. 

Law  governing  warrant  of  attorney  to  con- 
fess  judgment.      38   L.R.A. (N.S.)    814. 

Law  governing  limitation  of  actions  on  con- 
tract. 48  L.R.A.  625;  6  L.R.A.(N.S.) 
658. 

Validity  of  provisions  in  contract  as  to 
place  where  action  may  be  brought. 
L.R.A.1916D,  69fi. 

Conflict  of  laws  as  to  contracts  in  relation 
to   real   property.     L.R.A.1916A,   1011. 

Right  to  recover  on  obligation  given  for  a 
consideration  which  is  unlawful  under 
the  law  of  the  place  where  the  obliga- 
tion is  payable,  but  good  imder  the  law 
of  the  place  where  it  was  executed.  4 
B.  R.  C.  374. 

Enforcement  of  contract  entered  into  under 
circumstances  not  constituting  duress 
by  its  proper  law,  but  so  regarded  by 
the  law  of  the  forum.    4  B.  R.  C.  423. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONFLICT  OF  LAWS,  I.  b— cont'd 
§  3.  Sunday  contracts. 

Contracts     made     on     Sunday.     34    L.R.A. 

(N.S.)  67. 
Contract     performable     on     Sundav.       34 

L.R.A. (N.S.)    72. 
Public   policy   of  forum.     34  L.R.A.(N.S.) 

72. 

§  4.  Gambling    and    lottery    contracts. 

Conflict  of  laws  as  to  gambling  and  lottery 
contracts.  64  L.R.A.  160;  46  L.R.A. 
(N.S.)  650. 

Right  to  recover  money  loaned  to  be  em- 
ployed in  a  gambling  transaction 
which,  though  valid  by  its  proper  law, 
would  have  been  unlawful  in  the  state 
of  the  forum.     4  B.  R.  C.  409. 

§  5.  Bills  and  notes. 

General  commercial  principles  as  opposed 
to  local  law.  61  L.R.A.  193;  19  L.R.A. 
(N.S.)   666. 

Time  of  payment.     61  L.R.A.  195. 

Mode  of  acceptance  of  bill.     61  L.R.A.  196. 

Collateral  effect  of  instrument.  61  L.R.A. 
199. 

Character  and  liability  of  irregular  indors- 
er.  61  L.R.A.  200;  19  L.R.A.(N.S.) 
668. 

Character  of  holder.  61  L.R.A.  202;  19 
L.R.A.(N.S.)    668. 

Negotiability  in  general;  bill  or  note 
fraudulently  transferred.  61  L.R.A. 
205;  19  L.R.A.(N.S.)    667. 

Liability  of,  and  defenses  available  to, 
maker,  or  acceptor.  61  L.R.A. 
206;   19  L.R.A.(N.S.)   670. 

Liability  of,  and  defenses  available  to, 
drawer  or  indorser.  61  L.R.A. 
212;    19  L.R.A.(N.S.)    672. 

Who  may  bring  action;  sufficiency  of  the 
indorsement  or  assignment.  61  L.R.A. 
222. 

Right  to  join  primary  and  secondary  obli- 
gors.    61  L.R.A.  226. 

Law  governing  extent  of  recovery.  56  L.R.A. 
307. 

Conflict  of  laws  as  to  the  validity  of  trans- 
fer of  commercial  paper.  2  B.  R.  C. 
304. 

As  to  acceptance  of  commercial  paper  as 
payment  of  debt.     35  L.R.A. (N.S.)  108. 

Law  governing  notes  given  for  insurance 
premiums.     20  L.R.A.  409. 

Estoppel  to  deny  that  note  was  made  in 
the  state  where  it  is  dated  and  payable. 
2  L.R.A.(N.S.)    299. 

Right  to  recover  on  obligation  given  for  a 
consideration  which  is  unlawful  under 
the  law  of  the  place  where  the  obliga- 
tion is  payable,  but  good  under  the  law 
of  the  place  where  it  was  executed.  4 
B.  R.  C.  374. 


§  6.  Mortgages. 

Usury  in,  see  infra,  §  7a. 

Law  governing  real  estate  mortgage. 
1916A,  1020,  1028. 


L.R.A. 


INDEX  TO  L.R.A.  NOTES. 


218 

CONFLICT  OF  LAWS,  L  l>— cont'd  CONFLICT  OF  LAWS,  L  b— cont'd 

Law  governing  covenant  in  real  estate  mort-    §  8.  Insurance 
17    L.R.A.{N.S.)     1094;    L.R.A 


1916A,  1027. 

Enforcement  of  mortgage  on  real  property 

valid  according  to  the  law  of  the  place 

where  made  and  payable,  but  usurious 

according  to   tiie   lex  fori  et  ret  aitce. 

4  L.R.A.  (N.S.)   1191. 

Conflict  as  to  stipulation  in  mortgage  for 
attorneys'  fees.    L.R.A.1916A,  1040. 


§   7.  Interest. 

General  principles.    62  L.R.A.  34. 
Contractual  interest.     62  L.R.A.  35. 
Interest   as   damages.     56   L.R.A.    303;    62 

L.R.A.  37. 
Interest  on  legacy.    2  L.R.A. (N.S.)  458. 
Itate  allowed  by  admiralty  court  in  case  of 

maritime  tort  as  affected  by  place  of 

occurrence   or   suit.      51    L.R.A. (N.S.) 

966. 
Presumption  as  to  law  of  state  as  to.     21 

L.R.A.  471;  67  L.R.A.  60. 

§   7a.  Usury. 

As  affected  by  penal  or  remedial  character 
of  foreign  statute.  62  L.R.A.  42;  L.R.A. 
1916D,  751. 

General  principles  governing  choice  of  law; 
intention.  62  L.R.A.  44;  L.R.A.1916D, 
752. 

Rule  that  law  upholding  contract  will  be 
applied.  62  L.R.A.  49;  L.R.A.1916D, 
753. 

When  contract  usurious  by  lex  loci  con- 
tractus but  not  by  lex  loci  solutionis. 
62  L.R.A.  51;  L.R.A.1916D,  755. 

When  contract  usurious  by  lex  loci  solu- 
tionis but  not  by  lex  loci  contractus. 
62  L.R.A.  .55;  L.R.A.1916D,  755. 

When  contract  usurious  by  both  lex  loci 
contractus  and  lex  loci  solutionis.  62 
L.R.A.  60. 

When  claim  of  usury  is  based  on  transac- 
tions witih  drawer  or  indorser.  62 
L.R.A.  59. 

EfTect  of  mortgage  security.  55  L.R.A.  933 ; 
62  L.R.A.  61;  L.R.A.1916D,  755. 

Place  where  money  is  to  be  used.  62  L.R.A. 
62;  L.R.A.1916D,  755. 

Lex  loci  considerationis.  62  L.R.A.  63; 
L.R.A.1916D,  755. 

Renewal  contract.     L.R.A.1916D,   756. 

Contracts  of  foreign  building  and  loan  asso- 
ciations. 62  L.R.A.  64;  L.R.A.1916D 
757. 

Which  contract  is  to  be  regarded  contract 
of  principal  and  surety.     62  L.R.A.  73. 

Effect  of  restriction  as  to  rate  of  interest 
in  charter  of  corporation.  62  L.R.A. 
76. 

Statute  forbidding  corporation  to  plead 
usury.  62  L.R.A.  79;  16  L.R.A. (N.S.) 
616. 

Applicability  of  lex  fori.     62  L.R.A.  76. 

Law  determining  consequences  of  usury. 
L.R.A.1916D,  759. 

Presumption  as  to  law  of  other  state.  21 
L.R.A.  471 ;  67  L.R.A.  60. 

Statute  of  Limitations  as  to  action  for  re- 
covery back.     62  L.R.A.  637. 

Begin  ivith  this  booTe  on  every  law  question. 


Where  contract  of  insurance  deemed  to  have 

been  made.     63  L.R.A.  834;   23  L.R.A, 

(N.S.)   968;  52  L.R.A.  (N.S.)   275. 
Choice  of  laws.     63  L.R.A.  847:   23  L.R.A. 

(N.S.)   971;  52  L.R.A. (N.S.)   277.  ' 

Laws  of  state  in  whicli  insurance  company 

is    incorporated    as    binding    in    other 

states.      L.R.A.1916A,   770. 
Law   governing   notes   given    for    insurance 

premiums.     20  L.R.A.  409. 
As  to  whether  insurance  broker  is  agent  for 

the  insured.     38  L.R.A.(N.S.)   640. 


§  9.  Carriers'  contracts. 

General  principles.  63  L.R.A.  513;  18 
L.R.A.  (N.S.)    874. 

Application  of  general  principles  to  partic- 
ular matters.     63  L.R.A.  525. 

§   10.— limitation  of  liability. 

As  to  limitation  of  carrier's  common  law 
liability.  63  L.R.A.  525;  16  L.R.A. 
(N.S.)   881. 

Refusal  to  give  effect  to  foreign  contract  ex- 
empting carrier  from  liability.  5 
L.R.A. (N.S.)    425. 

Interstate  or  foreign  shipment  as  affected 
by  Hepburn  act  and  Carmack  amend- 
ment in  relation  to  liability  of  connect- 
ing carrier  for  loss  beyond  its  own  line. 
31  L.R.A.(N.S.)  27. 

Law  governing  limitation  of  liability  of 
shipowner.     L.R.A.1916B,  642. 

§  11.  Telegraph  companies. 

Law  governing  liability  of  telegraph  com- 
pany. 63  L.R.A.  532;  5  L.R.A. 
(N.S.)  751;  23  L.R.A. (N.S.)  648; 
28  L.R.A. (N.S.)  490;  29  L.R.A. 
(N.S.)    795;   41  L.R.A.(N.S.)    223, 

§12.  Contracts  of  married   women. 

Capacity  of  married  woman  to  contract. 
57  L.R.A.  513;  26  L.R.A. (N.S.)  764; 
L.R.A.1916A,  1054. 

Enforcement  of  personal  contract  of  mar- 
ried woman  capable  of  contracting  ac- 
cording to  the  law  of  another  state  or 
country  where  the  contract  was  made. 
.  26  L,R.A.(N.S.)    774. 

Enforcement  of  wife's  liability  under  stat- 
ute of  another  state  for  a  debt  con- 
tracted by  the  husband.  17  L,R,A. 
(N.S.)   426. 

c.  Domestic  relations. 

§   18.  Marriage. 

Contracts  of  married  women,  see  supra, 
§  12. 

Manner  or  form  of  solemnization;  prelimi- 
naries. 57  L.R.A.  155;  11  L.R.A. 
(N.S.)  1082;  17  L.R.A.(N.S.)  800;  26 
L.R.A.(N.S.)  179;  28  L.R.A.(N.S.) 
753;  43  L.R.A.(N.S.)   356. 

Polygamous  marriages;  temporary  marital 
unions.     57  L.R.A.  159. 

Matrimonial    capacity   of   the    parties.      57 
L.R.A.    16L' 
Incestuous  marriage.   57  L.R.A.  166 ;  43 
L.R.A. (N.S.)    358. 


INDEX  TO  L.R.A.  NOTES. 


219 


CONFLICT  OF  LAWS,  I.  c— cont'd 

Marriages  between  members  of  different 

races.      57   L.R.A.   167;    43   L.R.A. 

(N.S.)   358. 
Hemarriage     of     divorced     person.      24 

L.R.A.    831;     57    L.R.A.    169;     43 

L.R.A.  (N.S.)    358. 
Former    liusband    or    wife    living.      57 

L.R.A.   171;    43   L.R.A. (N.S.)    362. 
Nonage;    consent  of  parents  or  guard- 
ian.     57    L.R.A.    172;     43    L.R.A. 

(N.S.)    357. 
Effect   on    marriage   relation    of   conviction 
in  another  state.     31   L.R.A.  520. 

§   14.   Divorce;  alimony. 

Jurisdiction  of  suit  for  divorce,  as  affected 
by  residence,  see  Divorce  and  Separa- 
tion, §§  8,  9. 

Foreign  judgment  of  divorce,  see  Divorce 
AND  Separation,  §  15. 

In  general.     59  L.R.A.  136. 

AVliat  law  determines  right  to  divorce.     59 

L.R.A.   341. 
Jurisdiction   of   subject-matter.      59   L.R.A. 

142. 
Jurisdiction   of  the   person   or   of   the  res; 
foreign    decrees    upon    constructive 
service.     59  L.R.A.  162. 
Decrees     rendered     upon     constructive 
service.     19  L.R.A.  814;  59  L.R.A. 
162;     7     L.R.A.  (N.S.)      1127;     18 
L.R.A.(N.S.)      647;     L.R.A.1917B, 
1032. 
Custodv  of  children  when  international  ele- 
ments    involved.      59     L.R.A.     177;     7 
L.R.A.(N.S.)      306;      10     L.R.A.(N.S.) 
690;  39  L.R.A.(N.S.)  988;  L.R.A.1915B, 
154. 
Effect  upon   property  rights  of  divorce   in- 
volving international  elements.    59 
L.R.A.  178. 
On  dower.     59  L.R.A.   181;   41  L.R.A. 
(N.S.)    219. 
Impeaching  decree  granted  in  other  state. 

59  L.R.A.  183. 
Suits  for  same  cause  in  different  jurisdic- 
tions. 59  L.R.A.  187. 
Valid   divorce  granted   in   one  state   as   af- 
fecting   independent    suit    for    ali- 
mony in  another.     34  L.R.A. (N.S.) 
1106;  L.R.A.1915E,  421. 
Validity  of  divorce  according  to  Indian  cus- 
tom.    35     L.R.A.  (N.S.)      795;      L.R.A. 
1917D,  574. 
Action   to   recover    instalments   of   alimony 
accruing  under  a  decree  rendered  in  an- 
other state.     9  L.R.A. (N.S.)    1168;   28 
L.R.A.  (N.S.)    1068. 
Equitable  jurisdiction  to  enforce  a  foreign 
decree   for   alimony.        9   L.R.A. (N.S.) 
1071. 
Validity   of   a   foreign   divorce   for  a   cause 
not    recognized    in    the   jurisdiction    in 
which    the    marriage    was    contracted. 
5  B.  R.  C.  747. 

§   15.  IjegitiiTiacy. 

In  general.     65  L.R.A.  177. 

Applicability     of     lex     rei     sitce,     or     lex 

domicilii    deccdentis.       65     L.R.A. 

177. 
Consult  also  L.R.A.  Digests  of  Cases. 


CONFLICT  OF  LAWS,  I.  c— cont'd 

What   is   proper   law   after   eliminating   lex 

domicilii  decedentis,   and   lex  rei  sitce, 

as    such.      65    L.R.A.    182;    10    L.R.A. 

(N.S.)      600:      39     L.R.A.  (N.S.)      988; 

L.R.A.191.JB,  1,34. 
As  affecting  membership  in  class  named  in 

will.     2  L.R.A.  (N.S.)  450. 

§16.  Adoption. 

Adoption.  65  L.R.A.  186. 

Extraterritorial  effect  of  adoption  of  chil- 
dren.    17   L.R.A.   439. 

Right  of  child  adopted  in  other  state  to 
take  under  local  statute  of  descent  or 
distribution.  21  L.R.A.(N.S.)  679,  25 
L.R.A.(N.S.)    1285;    L.R.A.1916A,   666. 

§17.  Custody  and  control  of  children. 

Recognition  of  right,  emanating  from  for- 
eign power,  to  the  custody  and  control 
of  a  child.     7  L.R.A. (N.S.)  306. 

d.  Corporate  matters. 

§18.  Generally. 

As  to  foreign  corporations  generally,  see 
Corporations,  XL 

Applicability  of  statute  forbidding  corpo- 
ration to  interpose  defense  of  usury  as 
affected  by  its  foreign  or  domestic  char- 
acter, the  situs  of  the  contract,  or  the 
place  of  suit.     16  L.R.A. (N.S.)    616. 

Enforceability,  in  Federal  court,  or  court  of 
another  state,  of  a  contract  made  by  a 
foreign  corporation  which  had  not  com- 
plied with  the  conditions  of  doing  busi- 
ness within  the  state.  26  L.R.A.(N.S.) 
999. 

§    19.  Stockholder's  liability. 

Right  to  enforce  stockholder's  liability  out- 
side of  state  of  incorporation.  34 
L.R.A.  737;   33  L.R.A.  (N.S.)   895. 

What  statute  of  limitations  will  govern  as 
to  liability  of  stockholder.  48  L.R.A. 
637. 

§   19a.  Liability  of  directors. 

Extraterritorial  enforcement  of  statutory 
liability  of  directors  of  corporations. 
41  L.R.A.(N.S.)    379. 

c.    Torts   and  crimes   generally;   penal 
statutes. 

§20.  Generally. 

Damages  for,  generally.     56  L.R.A.  312. 
Penalty   as   part   of   recovery   for  tort.   66 
L.R.A.  315. 

§21.  Conversion. 

Right  to  maintain  action  for  conversion  of 
timber,  crops,  buildings,  etc.,  from  land 
in  another  state  or  country.  34  L.R.A. 
(N.S.)  994. 

Interest  by  way  of  damages  for  detention 
of  property.  56  L.R.A.  303;  62  L.RA. 
37. 

§2  2.  Personal   injuries;    death. 

As  to  action  for  death  or  bodily  injury.   66 
L.R.A.  193. 


220 


INDEX  TO  L.R.A.  NOTES. 


CONFLICT  OF  LAWS,  I.  e— cont'd 

Action  for  death,  under  foreign  statute, 
15  L.R.A.  585;   56  L.R.A.  211. 

Action  for  death  when  negligent  act  is  done 
in  one  jurisdiction  and  death  occurs  in 
another.     9  L.R.A.  (N.S.)    1078. 

Law  governing  as  to  survival  of  cause  of 
action  or  revival  of  action  for  personal 
injuries.  5  L.R.A.(N.S,)  756;  L.R.A. 
1915E,  1129. 

Jurisdiction  of  action  for  death  under  stat- 
ute of  another  state  as  affected  by 
penal  or  remedial  character  of 
statute,  or  differences  between  lex 
loci  delicti  and  lex  fori  as  to  char- 
acter of  damages.  40  LJEl.A.(N.S.) 
1095. 

Law  governing  distribution  of  fund  collect- 
ed or  recovered  for  negligent  killing  of 
person.    4  L.R.A.(N.S.)  814. 

Right  of  foreign  or  domestic  representative 
to  maintain  action  for  death  of  dece- 
dent under  statute  of  another  state 
which  provides  that  the  action  shall  be 
brought  by  the  personal  representative. 
18  L.R.A.(N.S.)  1252;  L.R.A.1917A,  37. 

What  statute  of  limitations  will  govern  as 
to.     48  L.R.A.  638;  56  L.R.A.  208. 

As  to  application  and  effect  of  Workmen's 
Compensation  Act.  L.R.A.1916A,  443; 
L.R.A.1917D,  83. 

Jurisdiction  of,  and  law  governing,  action 
for  death  on  waters.  L.R.A.1916A, 
1157. 

May  substantive  law  of  state  be  invoked  in 
an  action  for  personal  injuries,  not  re- 
sulting in  death,  on  waters  within  the 
maritime  jurisdiction.  L.R.A.1917F, 
678. 

Duty  of  courts  of  one  state,  under  the  full 
faith  and  credit  provision  of  the  Fed- 
eral Constitution,  to  entertain  an  ac- 
tion for  death  arising  under  statute  of 
another  state.     L.R.A.1915F,  955. 

§  23.  Penal  laws. 

Penaltv  as  part  of  recovery  for  tort.  56 
L.R.A.  315. 

Conflict  of  laws  as  to  right  of  action  under 
penal  statute  for  death  or  bodily  in- 
jury.   56  L.R.A.  209. 

Effect  of  penal  or  remedial  character  of  for- 
eign usury  statutes.  62  L.R.A.  42; 
L.R.A.1916D,  751. 

Enforcement  of  foreign  laws  requiring  affix- 
ing of  stamp  to  instruments.  48  L.R.A. 
319. 

Question  whether  suit  for  statutory  penal- 
ty is  a  civil  or  criminal  prosecution  as 
affecting  extraterritorial  enforcement. 
27  L.R.A.(N.S.)  758. 

§  24.  Crimes. 

Locality  of  crime  committed  through  the 
agency  of  the  mails  or  of  carriers.  19 
L.R.A.  775. 

What  law  defines  larceny  for  purposes  of  a 
statute  against  bringing  stolen  prop- 
erty into  the  state.  15  L.R.A.  722;  14 
L.R.A.(N.S.)   5.5G. 

Effect  of  prior  conviction  in  other  state  or 
country  to  enhance  penalty.  34  L.R.A. 
403. 


Begin  tcith  this  booh  on  every  law  question. 


CONFLICT  OF  LAWS,  I.  e— cont'd 

Prosecution  for  receiving  stolen  property 
where  property  in  question  was  stolen 
in  foreign  state  or  countrj-.  28  L.R.A» 
(N.S.)  750. 

Locality  of  crime  committed  by  shooting  or 
striking  across  state  boundarv.  2& 
L.R.A.  59. 

Question  whether  suit  for  statutory  penalty 
is  civil  or  criminal  prosecution  as  af- 
fecting extra-territorial  enforcement. 
27   L.R.A.(N.S.)    758. 

/.  Assignment  for  creditors;  insolvency 
and  hanlcruptcy  proceedings;  re~ 
ceivers. 

§  25.  Generally. 

Foreign  proceedings  in  bankruptcy,  see 
BA?fKBUPTCy,   §   4. 

Effect  of  foreign  bankruptcy  or  insolvency 
assignment  on  personal  property  where 
no  rights  of  creditors  are  involved.  17 
L.R.A.(N.S.)    173. 

As  to  transfer  of  property  out  of  the  state 
by  bankruptcy  or  insolvency  pro- 
ceedings or  assignment  for  credi- 
tors.    23  L.R.A.  33;  65  L.R.A.  353. 

Rights  of  receiver  as  to  property  in  other 
jurisdiction.  23  L.R.A.  52. 

Power  of  receiver  to  sue  out  of  jurisdiction 
of   appointment.      4    L.R.A.  (N.S.)    824. 

Injunction  against  insolvency  proceedings  in 
foreign  jurisdiction.     21  L.R.A.  74. 

Injunction  against  action  or  proceeding  in 
foreign  jurisdiction  when  insolvency 
proceedings  are  pending.  25  L.R.A, 
(N.S.)   270. 

g.  Rights  in  property  generally. 

§26.  Tiiens. 

Mechanics'  lien  under  contract  made  in 
other  state.     33   L.R.A.  410. 

Right  of  attorney  under  local  statute  to  lien 
on  money  in  hands  of  adverse  party  to 
suit  or  proceeding  in  anotlier  state.  31 
L.R.A.(N.S.)    1215. 

§2  7.  Matrimonial  property. 

In  generaL  67  L.R.A.  353;  29  L.R.A.(N.S.) 
781. 

When  lex  domicilii  is  opposed  to  the  lex 
rei  8it(E  or  lex  fori.  57  L.R.A.  353. 

When  law  of  matrimonial  domicil  is  op- 
posed to  that  of  place  where  marriage 
celebrated.     57   L.R.A.  359. 

How  original  matrimonial  domicil  ascer- 
tained.    57  L.R.A.  360. 

Change  of  matrimonial  domicil.  57  L.R.A. 
363. 

Marriage  settlements.  57  L.R.A.  368;  2& 
L.R.A.(N.S.)    783. 

Conflict  of  laws  as  to  capacity  of  married 
woman  to  contract  with  reference  to» 
57  L.R.A.  524. 

h.  Transfers  of  property  generally. 

§2  8.  Generally. 

Real  estate  mortgages,  see  supra,  §  6. 

Chattel  mortgages,  see  infra,  §  32. 


lMJi:X  TU  L.H.A.  .NOTES. 


221 


.CONFLICT  OF  LAWS,  I.  h— cont'd 
Transfer  of  property  by  bankruptcy  or  in- 
solvency proceeding  or  assignment  for 
creditors,  see  supra,  §  25. 

Law  governing  covenant  in  deed  of  real 
property.  17  L.R.A.(N.S.)  1094;  L.R.A. 
1916  A,  1027. 

Conflict  of  laws  as  to  contracts  in  relation 
to  real  property.    L.R.A.iyi6A,  1011. 

§  2  9.  Powei"  of  appointment. 

in  ascertaining  donee's  intent  to  exercise 
power  of  appointment.     (f4  L.E.A.  892. 

As  to  validity  of  attempt  to  exercise  power 
of  appointment  by  will.    64  L.R.A.  892. 

§  30.   Sale  of  personal  property. 

Distinction  between  personal  rights  and  ob- 
ligations and  rights  in  property.  64 
L.R.A.  823.  7 

Place  of  contract;  distinction  between  exec- 
utory and  executed  contract.'  64  L.R.A. 
824, 

Personal  rights  and  obligations  under  the 
contract.    64  L.R.A'.  825. 

The  contract  as  affecting  th|^  title  to,  or  in- 
(  terest  in,  pi'operty.    64  L.R.A.  828. 

Place  of  consummating  sale.wfhei^e  goods  are 
delivered  to  carrier.     22  L.R.A.  425. 

Coverning  law  of  sales  of  personal  property 
as  affected  by  fraud  against  creditors. 
11  L.R.A.(N.S.)    1007. 

§31.  —  Intoxicating   liquor. 

General   principles.      61   L.R.A.   418. 

Where  executed  contract  consummated;  de- 
livery to  carrier  generally.  61  L.R.A. 
419. 

When  executory  contract  consummated  in 
one  state  and  executed  contract  in  an- 
other.    61  L.R.A.  424.     • 

Effect  of  soliciting  order  within  state  hav- 
ing prohibitory  law.     61  L.R.A.  427. 

Public  policy  of  forum;  intention  to  violate 
prohibitory  statute  of  forum.  61  L.R.A. 
429. 

New  or  substituted  contract.  61  L.R.A. 
433. 

When  sale  invalid  by  law  of  place  where 
made,  but  valid  by  law  of  forum.  61 
L.R.A.  434. 

Place   of   sale    of    intoxicating   liquor.      44 
L.R.A.  (N.S.)    435. 
C.   0.   D.   shipments.     2   L.R.A.(N.S.) 
383;     24     L.R.A.  (N.S.)      143;     44 
L.R.A.  (N.S.)    459. 

i.  Chattel  mortgages;  conditional  sales, 

§  32.  Chattel  mortgage. 

As  contract  inter  partes.     64  L.R.A.  353. 
As  a  lien  or  right  prior  to  claims  of  third 
persons.     64  L.R.A.  355. 
Necessity   of   refiling   or   re-record- 
'  ing  in  state  to  which  property 

removed.      64    L.R.A.    35(1;     6 
L.R.A.(N.S.)    940;    35    L.R.A. 
(N.S.)  386;  L.R.A.1917D,  042. 
Governing    law    of    mortgages    of    personal 
property   as  affected   by   fraud   against 
creditors.     11   L.R.A.  (N.S.)    1007. 
Consult  also  L.R.A.  Digests  of  Cases. 


CONFLICT  OF  LAW^S,  I.  i— cont'd 
Foreclosure  of  chattel  mortgage  when  prop- 
erty is  out  of  state.     39  L.R.A.  (N.S.) 
627\ 

§33.  Conditional  sale. 

Necessity  of  recording  instrument  reserving 
title  to  personal  property  sold  in 
state  to  which  property  is  subse- 
quently removed.  35  L.R.A. (N.S.) 
387. 

j.  Descent  and  distribution;  wills. 

§  34.  Descent  and  distribution;  claims 
against  estate. 

Law  governing  distribution  of  fund  collect- 
ed or  recovered  for  negligent  killing  of 
person.    4  L.R.A. (N.S.)   814. 

Distribution  of  assets  to  next  of  kin  in 
jurisdiction  of  ancillary  administra* 
tion.     L.R.A.1915A,  431. 

Right  of  child  adopted  in  other  state  to  take 
under  local  statute  of  descent  and  dis- 
tribution. 21  L.R.A.  (N.S.)  679:  25 
L.R.A.  (N.S.)    1285;    L.R.A.1916A,   666. 

Widow's  right  to  allowance. for  support  out 
of  personal  assets  of  deceased  husband, 
who  was  a  nonresident.  11  L.R.A. 
(N.S.)    36L' 

Effect  of  failure  to  present  claim  within 
time  allowed  by  administration  statute 
of  domicil  as  bar  to  its  allowance  in 
state  of  ancillary  administration  or 
vice  versa.     19   L.R.A. (N.S.)    553. 

§  35.  Wills. 

Character  of  property  as  personal  or  real, 
movable  or  immovable.  2  L.R.A. (N.S.) 
410. 

Capacity  of  testator.     2  L.R.A.(N.S.)    414. 

Formal  validity.     2  L.R.A. (N.S.)   415. 

Essential  validity.     2  L.R.A. (N.S.)   430. 

Construction  of  will.     2  L.R.A.(N.S.)    443. 

Effect,  as  distinguished  from  construction, 
of  will.     2  L.R.A.(N.S.)    453. 

Capacity  of  legatee  or  devisee.  2  L.R.A. 
(N.S.)   456. 

Equitable  conversion.     2  L.R.A. (N.S. )    457. 

Election.  2  L.R.A.(N.S.)  459;  L.R.A.1915F, 
680. 

Effect  of  election  in  one  jurisdiction  for  or 
against  the  provisions  of  a  will,  upon 
right  to  elect  as  to  property  situated 
in  another  jurisdiction.    3  B.  R.  C.  519. 

Dower;  disinheritance.    2  L.R.A. (N.S.)  459. 

Effect  of  subsequent  events  upon  wills.  2 
L.R.A.(N.S.)    464. 

Medium  of  payment  of,  and  interest  upon, 
legacies.     2  L.R.A. (N.S.)   468. 

Effect  of  delay  in  probating  will  from  other 
state.     57  L.RJ\..  263. 

As  to  validity  of  attempt  to  exercise  power 
of  appointment  by  will.     (54  L.R.A.  892. 

Law  governing  validity  of  testamentary  dis- 
position of  leasehold  property.  7  B.  R. 
C.  459. 

By  what  law  are  members  of  class  to  whom 
testamentary  gift  is  made  to  be  ascer- 
tained. 2  L.R.A.  (N.S.)  447;  2  B.  R.  C. 
567. 


222 


IKDEX  TO  L.R.A.  NOTES. 


CONFLICT  OF  LAWS,  I.  j— cont'd 
Jurisdiction  to  admit  to  probate  will  not 
probate  at  testator's  domicil.  33 
L.R.A.(N.S.)  658. 
Distribution  of  assets  to  beneficiary  under 
will  in  jurisdiction  of  ancillary  admin- 
istration.    L.R.A.1915A,  43L 

fc.  Taking  liquor  into  prohibition  terri- 
tory. 

§  36.  Generally. 

As  to  sale  of  liquor,  see  supra,  §  31. 

Constitutionality  of  statute  forbidding  car- 
rying of  intoxicating  liquors  into  pro- 
hibition district.     17  L.R.A.(N.S.)  299. 

I.  Aa  to  copyrights. 

§87.  Generally. 

SuflSciency  of  compliance  with  law  of  origin 
to  secure  protection  under  intentional 
copyright  act.    1  B.  R.  C.  785. 

//.  ^8  to  remedies. 

i  S8.  Generally. 

Foreign  judgment,  see  Judgment,  §§  66-73. 

Oral  proof  of  foreign  laws.     25  L.R.A.  449. 

Injunction  against  suit  in  foreign  jurisdic- 
tion. 21  L.R.A.  71;  25  L.R.A.(N.S.) 
267. 

Enforcement  of  personal  contract  of  married 
woman  capable  of  contracting  according 
to  law  of  another  state  or  country 
where  the  contract  was  made.  26  L.R. 
A.(N.S.)  776. 

Lew  governing  matters  relating  to  remedy 
on  contract  as  to  real  property.  L.K.a. 
1916A,  1046,  1048. 

Extraterritorial  effect  of  statute  limiting 
jurisdiction  in  which  action  may  oe 
brought.     L.R.A.1916D,  688. 

Rate  of  interest  allowed  by  admiralty  court 
in  case  of  marine  tort  as  affected  by 
place  of  occurrence  or  suit.  51  L.R.A. 
(N.S.)   966. 

§  89.  AVhcn  proper  foreign  law  not 
proved. 

How  case  determined  when  proper  foreign 
law  not  proved.  67  L.R.A.  33;  34 
L.R.A.(N.S.)  261;  38  L.R.A.  (N.S.) 
40. 

§  40.  Attachment:    garnishment. 

Attachment  or  garnishment  of  foreign  rail- 
road cars.  64  L.R.A.  501;  L.R.A. 
1915D,  838. 

Where  debt  garnishable.  19  L.R.A.  577;  67 
L.R.A.  209;  L.R.A.1915F,  880. 

Place  of  payment  of  debt  as  affecting  juris- 
diction to  garnish  same.  3  L.R.A.(N. 
S.)   608;  20  L.R.A.(N.S.)   264. 

§  41.  —of  exempt  property. 

Action  for  loss  of  exemption  by  garnish- 
ment in  another  state.  19  L.R.A.  580; 
36  L.R.A.  582;  48  L.R.A.{N.S.)   689. 

l>aw  governing  exemption  from  garnish- 
ment. 19  L.R.A.  .578;  67  L.R.A.  222; 
1  L.R.A. (N.S.)    19.5;  L.R.A.1915F,  88.5. 


Begin  tvith  this  booTc  on  every  law  question. 


CONFLICT  OF  LAWS,  II.— cont'd. 
Injunction  against  suit  in  another  state  to 

evade  local  exemption  law.     15  L.R.A. 

(N.S.)    1008. 

§  42.  Statute  of  frauds. 

Generally.     19  L.R.A.  792;  64  L.R.A.  119. 

As  between  law  of  forum  and  substantive 
law  of  contract.  64  L.R.A.  119;  51 
L.R.A.(N.S.)  908. 

As  between  law  of  place  where  contract  i» 
made  and  that  of  place  where  it  is  per- 
formable.  64  L.R.A.  122;  51  L.R.  A. 
(N.S.)   910. 

As  between  law  of  place  where  contract  is 
made  and  that  of  place  where  property- 
is  situated.  64  L.R.A.  123;  51  L.R.A. 
(N.S.)  911. 

§  43.  liimitation  of  action. 

Absence  from  forum  as  affecting  running  of 
statute,  generally,  see  Limitation  of 
AcnoNS,  §  46. 

What  statute  of  limitations  will  govern  ac- 
tion in  another  state  or  country. 
48  L.R.A.  625. 

Law  governing  limitation  where  action  is 
brought  in  one  state  upon  a  cause  of  ac- 
tion created  by  a  statute  of  another. 
46  L.R.A.  (N.S.)   687. 

Applicability  of  statute  referring  question 
of  limitation  to  the  law  of  the  state 
where  contract  was  to  be  performed. 
L.R.A.1915C,  976. 

Applicability  of  statute  of  the  forum  re- 
ferring limitation  to  law  of  other  juris- 
diction, where  period  at  forum  is 
shorter  than  that  prescribed  by  the 
foreign  statute.     51  L.R.A. (N.S.)   96. 

Different  limitations  as  to  time  for  bringing 
action  for  death  or  bodily  injury.  56 
L.R.A.  208. 

Statute  requiring  notice  of  claim  before 
commencing  an  action  as  a  statute  of 
limitations.     8  L.R.A.  (N.S.)    997. 

Law  governing  limitation  of  actions  on  con- 
tract.    6  L.R.A.(N.S.)   658. 

Construction  and  effect  of  statute  of  forum 
admitting  bar  of  statute  of  state  or 
country  in  which  cause  of  action  arise* 
or  accrues.  4  L.RA.(N.S.)  1029;  14 
L.R.A. (N.S.)  776. 

Effect  of  failure  to  present  claim  within 
the  time  allowed  by  the  administratiwi 
statute  of  the  domicil  as  a  bar  to  its 
allowance  in  the  state  of  the  ancillary 
administration,  or  vice  versa.  19  L.R. 
A. (N.S.)  553. 

Amendment  of  pleadings  after  limitation 
period  by  changing  from  statute  of  one 
jurisdiction  to  statute  of  another.  30 
L.R.A.(N.S.)    1099. 

§  44.  E]xeinption  laws. 

Garnishment  of  exempt  property,  see  supra^ 
§  41. 

Enforcing  exemption  laws  of  other  state.  1 

L.R.A.  (N.S.)   19.5. 
Injunction  against  suit  in  another  stu(o  to 

evade  local  exemption  laws.     15  L.R.A. 

(N.S.)   1008. 


INDEX  TO  L.R.A.  NOTES. 


223 


CONFLICT  OF  LAWS,  II.— cont'd. 

Liability  for  evasion  of  exemption  laws  of 
doniicil  by  action  in  other  state.  36 
L.R.A.  582;  48  L.R.A.  (N.S.)   689. 

Widow's  right  to  exemption  out  of  personal 
assets  of  deceased  husband  who  was 
nonresident.     11  L.R.A. (N.S.)   3G1. 

§  45.  Measure  of  damages. 

For  breach  of  contract,  generally.  56  L.R. 
A.  301;  62  L.R.A.  37.' 

Damages  for  tort  generally,  56  L.R.A.  312. 

Law  governing  measure  of  damages  for 
death  or  bodily  injury.     56  L.R.A.  312. 

May  substantive  law  of  state  as  to  dam- 
ages be  invoked  in  an  action  for  per- 
sonal injuries,  not  resulting  in  death, 
on  waters  within  the  maritime  juris- 
diction.    L.R.A.1917F,  678. 

Interest  by  way  of  damages.     56  L.R.A.  303. 


^•» 


CX)NFUSION. 

See  Accession  and  Confusion. 

» * » 


CONGRESS. 

§   1.  Generally. 

Members   of,   as   public   officers.     17   L.R.A. 

247. 
Privilege  of   members   of,   as   to  service   of 

process.     23  L.R.A.  632. 

§  2.  Congressional  elections. 

Extent  of  Federal  control  of.  53  L.R.A. 
063. 

Provision  in  primary  election  law  for  popu- 
lar election  of  United  States  senators. 
22  L.R.A. (N.S.)  1147. 

Constitutionality  of  popular  elections  of 
United  States  senators.  41  L.R.A.  (N. 
S.)    140. 

§  3.  Powers  of. 

Power  of,  as  to  commerce,  generally,  see 
Commerce. 

Power  to  punish  for  contempt.  L.R.A. 
1917F,  288. 

Powers  of,  as  to  equality  of  privileges,  im- 
munities, and  protection.  14  L.R.A. 
579. 

Power  to  proclaim  and  maintain  martial 
law.     65  L.R.A.  195. 

Right  of  Congress  to  prohibit  or  delegate 
power  to  prohibit  sales  of  intoxicating 
liquors  in  the  territories.  15  L.R.A. 
(N.S.)    922. 


CONNECTING  CARRIERS. 

See  Carriers,  §§  98,  142,  143. 
CoHHnlt  also  L.R.A.  Digests  of  Cases. 


CONNECTIONS. 

With   drains   and   sewers,   see   Drains   and 

Sewers,  §  5. 
With  water  mains,  see  Waters,  §  112. 

Liability  of  telephone  company  for  failure 
to  make  connections  for  subscribers. 
21  L.R.A.(N.S.)  115;  28  L.R.A. (N.S.) 
554;  39  L.R.A. (N.S.)  402;  L.R.A.1915C, 
450. 


CONNIVANCE. 


As  defense  to  divorce  suit,  see  Divorce  and 
Separation,  §  31. 

By  obligee  in  principal's  fraud  in  obtaining 
guaranty  or  surety.     21  L.R.A.  410. 

Of  successful  party  in  perjury  as  ground  for 
relief  against  judgment.  10  L.R.A. (N. 
S.)    224. 


^•» 


CONSCIENTIOUS   SCRUPLES. 

Disqualifying  grand  juror.     28  L.R.A.  202. 

Exemption  from  provisions  of  Selective 
Service  Act  of  May  18,  1917,  because 
of  religious  convictions.  L.R.A.1918E, 
1024. 

■»•» 


CONSCRIPTION. 


For  military  service,  see  Compulsobt  Mili- 
tary Service. 

Of   labor   for   working  highway  as   a   tax. 
5  L.R.A.  (N.S.)   1139. 


♦  •» 


CONSENT. 

§  1.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §  33. 

Age  of,  see  Age  of  Consent. 

Effect  of,  on  liability  for  assault  and  bat- 
tery, see  Assault  and  Battery,  §  4. 

To  crime,  see  Criminal  Law,  §  20. 

Estoppel  by,  see  Estoppel,  §  17. 

To  making  of  improvements,  see  Improve- 
ments, §  3. 

•Judgment  by,  see  Judgment,  §  29. 

Owner's  consent  to  work  as  essential  to  me- 
chanics' lien,  see  Mechanics'  Liens, 
§§  6,  7. 

Of  parent  to  adoption  of  child,  see  Parent 
AND  Child,  §  18. 

Liabilitv  of  newspaper  proprietor  for  libel 
published  without.     26  L.R.A.  779. 

Liability  for  improperly  issuing  marriage 
license  or  performing  marriage  ceremo- 
ny as  affected  by  person  who  gave  con- 
sent.   L.R.A.1917E,  871,  874. 

Nonenforceability  for  want  of,  of  contract 
procured  by  threat  to  prosecute  relative. 
26  L.R.A.  51. 

Use  of  negative  or  engraved  plates  without 
consent  of  party  paying  for  same.  50 
L.R.A.  397. 


224 


INDEX  TO  L.R.A.  NOTES. 


CONSENT— cont'd 

To  assignment  or  deed  of  trust  for  creditors. 
24  L.R.A.  309;  26  L.R.A.  599. 

To  erection  of  party  wall.     60  L.R.A.  705. 

To  obstruction  of  navigation.     59  L.R.A.  88. 

To  suppression  of  competition  at  judicial 
bale.     42  L.R.A. (N.S.)    1204. 

Effect  of  owner's  consent  to  dam  back  water 
of  stream.     59  L.R.A.  84L 

Effect  of  master's  consent  to  giving  of  lien 
on  vessel  under  charter  for  supplies  and 
repairs.     70  L.R.A.  395. 

Effect  of  consent  of  debtor  to  appointment 
of  a  receiver  of  his  property  at  the 
instance  of  a  simple  contract  creditor. 
L.R.A.1918C,  640. 

Necessity  of,  to  entitle  third  person  to  sue 
on  contract  for  his  benefit.  25  L.R.A. 
265. 

To  delegation  of  power  of  taxation  to  local 
board.     16  L.R.A.(N.S.)    70. 

To  violation  of  injunction  as  justification 
therefor.     9   L.R.A.  (N.S.)    304. 

Validity  and  effect  of  stipulation  in  con- 
tract for  sale  of  land  against  assign- 
ment by  a  vendee  without  vendor's  con- 
sent.    35  L.R.A. (N.S.)   1064. 

•Validity  and  effect  of  conditions  requiring 
consent  to  marriage  of  legatee  or  devi- 
see.   L.R.A. 1917D,  468. 

Acceptance  of  remittance  of  part  of  un- 
liquidated or  disputed  claim  with  state- 
ment that  it  is  "in  full"  as  consent  to 
its  receipt  in  full  payment.  14  L.R.A. 
(X.S.)   443;  27  L.R.A. (N.S.)   439. 

Requiring  or  permitting  another  to  make 
improvements  on  land  at  his  own  ex- 
pense; as  a  consent  by  the  owner  which 
will  subject  his  interest  to  a  lien.  11 
L.R.A.(N.S.)    764. 

Validity  of  provision  in  contract  for  con- 
tingent fee,  forbidding  client  to  settle 
the  claim  without  attorney's  consent. 
14  L.R.A. (N.S.)    1101. 

Right  of  one  whose  property  has  been  taken 
for  public  use  without  his  consent  and 
without  condemnation  proceedings  to 
maintain  action  for  compensation  or 
for  permanent  damages.  28  L.R.A. 
(N.S.)   968. 

Power  of  municipality  to  make  right  to 
transact  certain  business  dependent  on 
consent  of  municipal  authorities.  9  L. 
R.A.(N.S.)  659. 

Power  of  municipal  corporations  to  make 
use  of  property  for  particular  purpose 
or  in  a  particular  manner,  conditional 
upon  consent  of  neighbors.  8  L.R.A. 
(N.S.)  978. 

Of  municipality  to  making  improvements  in 
street  by  abutting  owner.  44  L.R.A. 
(N.S.)  553. 

Power  of  vendee  to  subject  owner's  interest 
to  mechanics'  liens  where  statute  gives 
lien  for  improvements  made  with  own- 
er's consent.  23  L.R.A. (N.S.)  612; 
L.R.A.1917D,  582,  583. 

Power  of  attorney  to  bind  client  by  consent 
decree.     40  L.R.A.(N.S.)   753. 

Effect  of  consent  of  beneficiary  on  personal 
liability  of  a  triistee  for  losses  to  trust 
estate  from  investments.  44  L.R.A. 
(N.S.)  980. 

Begin  with  this  book  on  every  law  question. 


CONSENT— cont'd 

Of  court  to  entry  of  nolle  prosequi  in  a 
criminal   case.     45   L.R.A. (N.S.)    1120. 

Doctrine  of  equitable  conversion  as  affect- 
ing one's  right  to  sign  consent  or 
remonstrance  as  landowner.  50  L.R.A. 
(N.S.)  32. 

§  2.  To  change  iu,  or  abandonment  of, 
contract. 

Necessity  for  mutual  consent  to  rescission 
or  abandonment  of  contract.  30  L.R.A. 
40. 

To  discharge  after  part  performance  of  con- 
tract.    24  L.RA..  233. 

Effect  of  servant's  consent  to  wrongful  dis- 
charge on  right  to  recover  wages  for 
subsequent  period.     5  L.R.A.  (N.S.)  448. 

To  alteration  of  note.     35  L.R.A.  46'7. 

As  affecting  alteration  of  deed  after  de- 
livery. 32  L.R.A.{N.S.)  291;  L.R.A. 
1918B,  491. 

Consent  to  removal  of  insured  property  as 
affecting  insurer's  liability.  26  L.R.A. 
242. 

§  3.  To  account  stated. 

V\ant  of  consent  to  account  stated.  27  L.R. 
A.  816. 

Effect  of  dispute  as  to  certain  items  of  ac- 
count on  assent  to  other  items.  7  L.R. 
A. (N.S.)    924. 

§  4.  To  sale  of  expectancy. 

Of  ancestor  to  sale  of  expectancy  by  pros- 
pective heir.  33  L.R.A.  274,  281;  25 
L.R.A.(N.S.)   438. 

§  5.  Matters   as   to   niortg^ages. 

Of  mortgagee  to  removal  of  mortgaged  prop- 
erty from  state  as  affecting  his  lien.  6 
L.R.A. (N.S.)   940. 

Effect  of  consent  of  mortgagee  to  removal  of 
property  to  other  state  on  necessity  of 
recording  mortgage  in  state  to  which 
property  is  removed.  L.R.A.1917D, 
942. 

Effect  of  consent  by  mortgagee  of  realty  to 
affixing  thereon  of  a  chattel,  the  seller 
of  which  retained  title  thereto  or  a 
lien  thereon.     37  L.R.A. (N.S.)    127. 

Effect  of  assignment  of  mortgage  by  or  with 
mortgagor's  consent  to  third  person 
after  pavment  of  debt  originally  se- 
cured.    27  L.R.A.(N.S.)  111. 

Of  mortgagor  to  repair  or  improvement  of 
jaroperty  by  mortgagee  in  possession. 
49  L.R.A.(N.S.)   126. 

§  6.  Corporate  matters. 

Acquiring  jurisdiction  over  foreign  corpora- 
tion by.     70  L.R.A.  536. 

Liability  of  corporate  directors  for  acts  in 
excess  of  their  powers  as  affected  bv. 
55  L.R.A.  761. 

Duty  of  officers  or  majority  stockholders, 
against  consent  of  minority  to  sell  prop- 
erty of  corporation  essential  to  its  ex- 
istence as  a  going  concern.  35  L.R.A. 
(N.S.)    396. 

To  assessment  on  paid  up  stock.  45  L.R.A. 
648. 


INDEX  TO  L.R.A.  I^OTES. 


225 


CONSENT— cont'd 

Liability  on  unpaid  subscription  of  trans- 
feree of  corporate  stoclc  wl.o  does  not 
consent  to  transfer.  30  L.R.A.  (N.S.) 
288. 

By  stockholders  to  consolidation  of  corpora- 
tions.    52  L.R.A.  381. 

Effect  of  consent  of  holders  of  all  corporate 
stock  issued  at  time  of  transaction  to 
sale  of  property  to  corporation  by  pro- 
moter.    18  L.R.A. (N.S.)    111(1. 

To  appointment  of  receivers  of  corporation. 
20  L.R.A.  213. 

§   7.  Partnership  matters. 

Of  creditor  to  assumption  of  debts  on  dis- 
solution of  partnership.  9  L.R.A.  (N. 
S.)   79;  48  L.R.A.  (N.S.)  552. 

Application  of  partnership  assets  with  con- 
sent of  all  partners  to  payment  of  in- 
dividual debt  of  partner  as  a  voidable 
preference  under  bankruptcy  act.  17 
L.R.A.  (N.S.)    1040. 

Eight  to  purchase  one  partner's  interest 
in  real  property  belonging  to  partner- 
ship, without  consent  of  other  partners. 
18  L.R.A. (N.S.)    1180. 

§  8.  Between   landlord   and   tenant. 

Waiver  of  provision  for  consent  to  assign- 
ment of  lease.     36  L.R.A. (N.S.)   488'^ 

Effect  of  proviso  in  lease  against  assign- 
ment without  consent  upon  ri'^ht  of  as- 
signee to  assign.     2  B.  R.  C.  803. 

Enforcement  of  landlord's  consent  to  sub- 
letting or  assignment  of  lease.  25  L. 
R.A.(N.S.)    1173. 

Necessity  of  consent  by  tenant  who  has 
abandoned  premises  to  reletting  by 
landlord.     13  L.R.A.  (N.S.)   403. 

Power  of  lessee  or  vendee  to  subject  owner's 
interests  to  mechanics'  liens  where  stat- 
ute gives  lien  for  improvements  made 
with  owner's  consent.  23  L.R.A. (N.S.) 
612;  L.R.A.1917D,  582,  583. 

§  9.  Between    husband    and   wife. 

Implication  of  wife's  authority  to  purchase 
necessaries  from  husband's  assent  to 
previous  transactions.  65  L.R.A.  548; 
47  L.R.A.  (N.S.)  282. 

Sufficiency  of  husband's  consent  to  wife's 
will.     37  L.R.A.  (N.S.)   1133. 

Revocation  of  consent  given  by  one  s])ouse 
to  will  of  the  other  in  the  latter's  life- 
time.    L.R.A.1915E,  815. 

Husband's  power  to  create  easements  in 
homestead  without  wife's  consent.  27 
L.R.A.(N.S.)   963. 

Husband's  power  without  wife's  consent  to 
abandon  homestead  or  convey  premises 
bv  his  solo  deed  after  abandonment.  37 
■  L.R.A. (N.S.)   807. 

To  divorce,  effect  on  right  to  contest  its 
validitv.  60  L.R.A.  294;  51  L.R.A. 
(N.S.)'  534. 

Lease  as  encumbrance  or  conveyance  with- 
in s-'^atute  requiring  consent  of  spouse. 
39  L.R.A. (N.S.)   675. 

Effect  of  consent  to  separation  between  hus- 
band and  wife  on  question  of  desertion 
bi^  spouse  leaving.  39  L.R.A.  (N.S.) 
112]. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONSENT— cont'd 
§   10.  By  employee. 

Of  employee  to  particular  risk,  necessity  for 
proving.     47  L.R.A.  192. 

To  discharge  after  part  performance  of  con- 
tract.    24  L.R.A.  233. 

Effect  of  servant's  consent  to  wrongful  dis- 
charge On  right  to  recover  wages  for 
subsequent  period,     5  L.R.A.(N.S.)  448. 

§11.  MiiKers  as  to  infants. 
Rape  of  female  infant  under  age  of  consent, 
see  Rape,  §  3. 

Consent  of  parents  to  marriage  of  infants. 
22  L.R.A.  (N.S.)  1206;  L.R.A.1916C, 
741. 

Of  parent  or  guardian  to  marriage  of  in- 
fant, conflict  of  laws  as  to.  57  L.R.A. 
172;    43    L.R.A.(N.S.)    357. 

Validity  of  adoption  without  consent  of 
natural  parents.     30  L.R.A. (N.S.)    146. 

Constitutionality  of  statute  permitting 
adoption  of  children  without  consent  of 
parents.     18  L.R.A.(N.S.)    926. 

Of  mother  or  reputed  father  to  custody  or 
control  of  illegitimate  child.  36  L.R.A. 
696. 

Parent's  right  to  recover  for  injury  to  minor 
servant  emploved  without  his  consent. 
30  L.R.A.(N.SO   311. 

Guardian's  consent  as  affecting  infant's  con- 
tract.    L.R.A.1916C,  362. 

§  11a.  Matters  as  to  Incompetent  per- 
sons. 

Power  of  court  or  guardian  of  incompetent 
or  habitual  drunkard  to  consent  to  con- 
veyance by  trustee  under  trust,  requir- 
ing consent  bv  cestui  que  trust.  39 
L.R.A.(N.S.)    39. 

§   12,  Matters  as  to  insurance. 

By  insurance  company  or  its  agent  to  modi- 
fication of  policy,  see  Insubaisce,  VTL 

Of  person  whose  life  is  insured,  see  Insur- 
ance, §  35. 

Right  to  surrender  insurance  policy  without 
beneficiary's  consent,  see  Insurance, 
§  54. 

Consei't  to  removal  of  insured  property  as 
affecting  insurer's  liability.  26  L.R.A. 
242. 

Variance  between  assignment  or  transfer  of 
insured  property  and  insurer's  consent 
thereto.     42  L.R.A. (N.S.)    173. 

Necessity  of  insurer's  consent  to  change  of 
beneficiary.    L,R.A.1915A,  109. 

§13.  To  railway  in  street. 

Of  municipality  to  construction  of  street 
railway  tracks,  see  Stree5T  Railways, 
§  6. 

Effect  of  consent  by  town  or  municipality 
to  construction  or  use  of  railroad  in 
street  or  highway  to  estop  it  from  ob- 
jecting thereto.     7   L.R.A.  (N.S.)    1187. 

Of  property  owners  to  laying  of  railway 
in  street  as  an  element  to  be  consid- 
ered in  valuing  property  of  railroad 
company,     48  L.R.A. (N.S.)    1083. 


15 


226 


IXDKX  TO  L.R.A.  AOTES. 


CONSENT— cont'd 

To  railroad  in  street  as  affecting  abutting 

owner's     right     to     compensation.     36 

L.R.A.(N.S.)   789. 
Remedy  of  abutting  owner  as  affected  by 

his  consent  to  construction  of  railroad 

or  street  railway  in  street  or  highway. 

7    L.R.A.(N.S.)    991;    23   L.R.A.  (N.S.) 

433. 
Abutter's  right  to  enjoin  railroad  in  street 

for  lack  of  consent.     36  L.R.A. (N.S.) 

828. 

§   14.  To  surgical  operation. 

See  Physicians  and  Subqeons,  §  14. 

§  15.  To  assault. 

Consent  to  assault,  see  Assault  aito  Bat- 
tery, §  4. 

§  16.  To  mode  of  service. 
On  nonresident.     50  L.R.A.  584. 

§   17.  aiatters  as  to  jury. 

To  less  than  full  jury.  43  L.R.A.  59;  46 
L.R.A.(N.S.)    38. 

Showing  consent  by  record  to  verdict  by 
less  than  full  jury.     43  L.R.A.  73. 

To  communication  by  judge  with  juror  not 
in  open  court.     37  L.R.A. (N.S.)   614. 

Of  defendant  to  separation  of  jury  in  capi- 
tal case.     24  L.R.A.(N,S.)    781. 

Of  parties  to  separation  of  juiy  in  criminal 
cases  other  than  capital,  after  finding 
but  before  rendition  of  verdict.  31 
L.R.A.(N.S.)   1007. 


CONSEQUENTIAIi    DAMAGES. 

Allowance  for,  in  eminent  domain,  see 
Damages,  §§  87,  88. 

Extent  of  trespasser's  liability  for  conse- 
quential injuries.     53  L.R.A.  626. 

By  act  of  municipality  with  reference  to 
surface  water.     65  L.R.A.  269. 

Jurisdiction  of  action  at  law  for  consequen- 
tial damages  to  real  property  in  another 
slate  or  country.     26  L.R.A.(N.S.)  936. 


CONSERVATION. 


Of  natural  resources,  see  Constitutional 
Law,  §  60. 

Right  of  one  who  pumps  oil,  gas,  or  water 
on  his  premises  to  enjoin  similar  acts 
by  hib  neighbor.     30  L.R.A.(N.S.)  1057. 


CONSERVATOR. 


CONSIDERATION. 

Of  bills  or  notes,  see  Bills  and  Notes. 
In  general,  see  Contracts,  II.  c. 
For  release  of  liability  for  personal  injuries- 
or  death,  see  Release. 

Consideration  in  deeds  for  school  purposes- 
as  negativing  resulting  trust  in  favor 
of  the  grantor.     44  L.R.A.(N.S.)   1223. 


CONSIGNMENT   CONTRACTS. 

Construction  of  contract  having  some  provi- 
sions peculiar  to  consignment  and 
agency  contracts,  and  others  to  sal* 
contracts.     L.R.A.1917B,  626. 

*~—> ^ 


28 


Power  of  conservator  to  adeem  le'^acv 

L.R.A.(N.S.)  401. 
Begin  with  this  boole  on  every  law  question 


CONSIGNOR  AND  CONSIGNEE. 

Right  of  a  sent  as  consignee  of  freight,  see 

Carriers,  §  105. 
Consignee    as    proper    party    to    sue,    see- 

Parties,  §  15. 

Liability  of  consignor  for  freight.  L.R.A. 
191 7A,  665. 

Passing  of  title  as  between  consignor  and 
consignee  bv  delivery  to  carrier.  22 
L.R.A.  418.' 

When  title  passes  under  consignment  of 
goods  for  sale  with  provision  in  effect 
that  consignee  purchase  balance  of  con- 
signment.    39  L.R.A.  (N.S.)   620. 

Dividing  consignment  of  liquor  as  a  sale. 
11  L.R.A.  (N.S.)   872. 

Rights  and  liabilities  of  assignee  of  bill  of 
lading  with  draft  attached  as  against 
consignee  who  does  not  get  the  goods  or 
finds  them  defective.  49  L.R.A.  679; 
1  L.R.A.(N.S.)  242;  18  L.R.A. (N.S.) 
1221;  32  L.R.A.(N.S.)  1173;  52  L.R.A. 
(N.S.)  241. 

Negotiability  of  draft  against  consignment. 
35  L.R.A.  650. 

Lien  of  consignee  for  advances.  70  L.R.A. 
416. 

Liability  of  consignee  for  injury  to  servants 
of  carrier.     46  L.R.A.  97. 

Duty  of  consignor  or  consignee  to  his  em- 
pioyees,  as  to  condition  of  car.  14 
L.R.A.(N.S.)  972;  45  L.R.A.  (N.S.) 
707. 

Carrier's  liability  for  personal  injuries  to 
consignor  or  consignee  or  their  em- 
ployees caused  by  unsafe  car.  9  L.R.A. 
(N.S.)    857. 

To  whom  delivery  may  be  made  under  con- 
signment to  consignor's  agent.  38 
L.R.A.  366. 

Consisnee's  right  as  against  carrier  to  re- 
ject consignment  of  freight  for  delays 
in  transportation.  12  L.R.A. (N.S.) 
431. 

Right  to  charge  demurrage  for  detention  of 
cars  by  consignees.     22  L.R.A.  536. 

Liability  of  shipper  for  freight  and  demur- 
rage upon  refusal  of  consignee  to  ac- 
cept goods.    52  L.R.A.(N.S.)  398. 


INDEX  TO  L.R.A.  KOTES. 


227 


CONSOCIATION. 

Of  duties   as  test  oi  common   employment. 

50  L.R.A.  444. 
Mere  consociation  as  affecting  legal  relation 

of  servant  of  employer  and  servant  of 

contractor  as  fellow  servants.  17  L.R.A. 

(N.S.)    335. 


CONSOLIDATION. 


Of  corporations,  see  Corporations,  III. 

Of   criminal   prosecutions,   see   Indictment, 

Information,  and  Complaint,  §  9. 
Of  railroads,  see  Railroads,  §  9. 


^*» 


CONSORTIUM. 

See  Husband  and  Wife. 

♦-•-♦ 


CONSPIRACY. 


I.   In  general,    §  1. 
II.  To    injure     business     of    another. 
§§    2-4. 
III.  Of  laborers;  strilces,  §§  5-S. 

I.  In  general. 

§   1.  Generally. 

Blacklisting   employees,   see   Blacklisting. 

Equity  jurisdiction  in  case  of,  see  Equity, 
§  14. 

Criminal  liability  for  acts  of  co-conspirator, 
see  Criminal  Law,  §  27. 

Combinations  in  restraint  of  trade  or  com.- 
merce,  see  Monopoly  and  Combina- 
tions, II. 

Admissibility  of  acts  and  declarations  of 
co-conspirator,  see  Evidence,  §  237. 

Homicide  in  carry ii.g  out,  see  Homicide, 
§    18. 

Instigation  or  consent  to,  for  purpose  of 
detecting  criminal  as  a  defense  to  pros- 
ecution.    51  L.R.A.  (N.S.)   829. 

Cruel  and  unusual  punshment  for.  35 
L.R.A.  571;   L.R.A.1915C,  566. 

Illegal  intent  of  prosecutor  as  affecting  guilt 
of  obtaining  property  by  means  of.  17 
L.R.A.(N.S.)   277. 

Civil  liability  of  persona  who  join  in  a  peti- 
tion addressed  to  public  authorities. 
L.R.A.1916D,   394. 

Liability  of  individuals  having  contracts 
with  the  same  person  for  combining  to 
breach  the  same.     L.R.A.1918C,   151. 

Indictment  for  conspiracy  to  encourage 
violation  of  Selective  Service  Act  of 
May  18,  1917.     L.R.A.1918E,  1026. 

Indictment,  of  woman  transported  in  viola- 
tion of  the  white  slave  traffic  act,  for 
conspiracy  to  violate  the  laws  of  the 
United  States.     L.R.A.1915D,  281. 

Combination  of  foreign  corporations  to  dis- 
continue br.siness  within  the  state.  46 
L.R.A. (N.S.)  955. 

Right  of  action  for  conspiracy  to  injure 
reputation  as  asset  of  bankrupt.  43 
L.R.A.  (N.S.)   942. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONSPIRACY,  I.— cont'd 

Between  real  estate  broker  and  purchaser, 

effect  on  commissions.     45  L.R.A.  39. 
To  suppress  competition  at  judicial  sale  aa 

ground  for  avoiding  same.     42   L.R.A. 

(X.S.)   1206. 
To  alienate  affections.     3  L.R.A. (N.S.)   470. 
Attempt  to  procure  violation  of  Elkins  act 

as  conspiracy.     17  L.R.A.  (N.S.)  720. 
Several  offenses  growing  out  of  same  facts. 

31  L.R.A. (N.S.)  731. 

Criminal  responsibilitv  of  corporation  for. 
2  B.  R.  C.  246. 

Right  of  party  to  a  conspiracy  to  the  aid 
of  equity  to  com;  "1  a  corporation  to 
transfer  on  its  books  stock  acquired  in 
aid  of  conspiracy.  24  L.R.A. (N.S.)  108. 

Effect  of  overt  act  within  limitation  period, 
where  the  conspiracy  was  originally 
formed  and  the  first  act  committed  be- 
vond  the  period  of  limitation.  12 
L.R.A.  (N.S.)  1053. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance.  38 
L.R.A. (N.S.)   317. 

Validity  of  conviction  of  criminal  conspira- 
cy where  co-conspirators  are  acquitted 
or  discharged.    4  B.  R.  C.  929. 

II,  To  injure  business  of  another.. 

§  2.  Generally. 

To  injure  trade.  2  L.R.A.  33 ;•  6  L.B..A. 
457;*  8  L.R.A.  500.* 

§  3.  Boycott. 

Interference   by  competitor  or  others  with 
agents    of   dealer   or   manufacturer.     9 
L.R.A.(N.S.)   904. 
Lawfulness  of  boycott  by  other  than  labor 

union.     33  L.R.A.(N.S.)  1034. 
Legality  of  combination   by  dealers  not  to 
.    patronize   wholesalers   who  sell   to  un- 
desirable    persons.       35     L.li.A.  (N.S.) 
1054;  L.R.A.1915A,  789. 

I  §  4.  —  by   labor   union. 

Right  of  labor  union  to  notify  persons  not 
to  deal  with  a  certain  individual.  16 
L.R.A.  (N.S.)   85;  18  L.R.A.  (N.S.)  707; 

32  L.R.A.(N.S.)      748;     L.R.A.1917E, 
391. 

Right  of  labor  union  to  forbid  its  members 
to  handle  one's  product.  12  L.R.A. 
(N.S.)  642;  32  L.R.A. (N.S.)  792;  51 
L.R.A.(N.S.)  778. 

Right  of  labor  union  to  forbid  its  members 
serving  a  certain  person.  L.R.A. 1915E, 
1037. 

Liability  of  members  of  trade  combination 
for  injury  to  boycotted  dealer.  2  L.R.A. 
(N.S.)    824. 

Recovery  of  money  paid  to  labor  organiza- 
tion in  order  to  avoid  boycott.  4 
L.R.A.  (N.S.)    1198. 

Injunction  against  publishing  or  circulating 
statements  relative  to  industrial  dis- 
putes by  labor  union.  32  L.R.A.  (N.S.) 
1013. 

Right  of  labor  union  to  divert  trade  from 
one  with  whom  it  is  in  controversy. 
1  B.  R.  C.  245. 


228 


INDEX  TO  L.R.A.  NOTES. 


CONSPIRACY,  II.— cont'd 

Liability  of  members  of  trade  combination 

for     injury     to     boycotted     dealer.     2 

L.R.A.(N.S.)    824. 
Liability  of  labor  union  or  its  members  to 

persons  with  whose  employment  it  has 

interfered.       1  B.  R.  C.  514. 

III.  Of  laborers;  strikea. 

§  6.  Generally. 

Injury  by  labor  organization  to  business 
of  another,  see  supra,  §  4. 

Civil  liability  for  iiducing  discharge  of  em- 
ployee.    48  L.R.A.(N.S.)   893. 

Liability  of  labor  union  for  procuring  one's 
discharge  or  preventing  employment. 
5  L.R.A.(N.S.)  899;  L.R.A.1917C,  1066. 

§  6.  Strikes. 

Inducing  servant  to  quit  to  aid  strike,  see 
Case,  §  5a. 

Contract  by  employer  to  protect  employees 
from  personal  violence  by  strikers. 
L.R.A.1918C,  929. 

Injunction  against  strikes.  28  L.R.A.  464. 
Injunction,   generally.    28   L.R.A.   464. 

Constitutionality  of  statute  restricting 
remedy  by  injunction  in  labor  disputes. 
L.R.A.1916F,  836. 

Lawfulness  of  strike  or  of  threat  to  cause, 
or  to  so  act  as  to  induce  strike,  when 
there  is  no  dispute  between  the  strikers 
and  their  own  employers.  6  L.R.A. 
<N.S.)   1067;  L.R.A.1916C,  989. 

Right  of  labor  union  to  imnose  fine  on  mem- 
bers as  a  means  of  inducing  them  to 
join  in  strike.     23  L.R.A.(N.S.)    1236. 

Controversy  over  "open"  or  "closed"  shop 
as  justification  for  means  employed  to 
aid  strike.  17  L.R.A.  (N.S.)  162;  35 
L.R.A.{N.S.)   787;  L.R.A.1917F,  760. 

System  of  work  as  justification  for  strike. 
37  L.R.A.(N.S.)   179. 

Forcing  discharge  of  foreman  or  coemployee 
as  justification  for  strike.  42 
L.R.A.(N.S.)    1048. 

Right,  in  aid  of  strike,  to  employ  peaceable 
persuasion  to  induce  persons  not  un- 
der contract  to  quit,  or  not  accept  em- 
ployment.    41  L.R.A. (N.S.)    445. 

Right,  in  aid  of  strike,  to  use  money  to 
induce  persons  not  under  contract,  to 

?uit    or    not    accept    employment.     41 
..R.A.(N.S.)  453. 
Civil  liability  of  trad"  union  or  its  members 
for  wrongful  strike.    5  B.  R.  C.  476. 

§  7.  —  effect  of. 

Construction  and  effect  of  "strike"  clause 
in  contract  of  sale  and  doliverv.  9 
L.R.A.(N.S.)    1187. 

Strike  as  affecting  carrier's  liability.  35 
L.R.A.  623. 

Effect  of,  on  carrier's  duty  to  furnish  cars. 
43  L.R.A.  623. 

Effect  and  construction  of  express  provision 
in  charter  party  aorainst  demurrase  in 
case  of  strike.  *  5 'L.R.A.( N.S.)    126. 

Effect  of,  on  liability  for  statutory  penalty 
for  refusal  to  receive  pf>ods  offered  for 
shipment.     22  L.R.A. (N.S.)    1200 


CONSPIRACY,  in.— cont'd 

Liability  of  carrier  for  injury  to  passenger 

by    strikers.    55    L.R.A.    713;     L.R.A. 

1915C,  681. 
Liability  of  telegraph  company  for  delay  in 

transmitting  or  delivering  message  due 

to  strike  of  its  employees.     22  L.R.A. 

(N.S.)  1214. 

§  8.  —picketing. 

Law  as  to  picketing.     4  L.R.A.(N.S.)  302; 
50  L.R.A.(N.S.)  412. 


CONSTABLE. 


§  1.  Generally. 

Bond  of,  see  Bonds,  §§  12-15. 
Deputy  constables,  see  Deputy,  §  2. 

As  public  officers.     17  L.R.A.  247. 

Place  at  which  official  acts  of,  may  be  per- 
formed.    33  L.R.A.  92. 

Right  to  make  bids  on  sales  conducted  by 
them.     20  L.R.A.  505. 

Voluntariness  of  confession  to.  18  L.R.A. 
(N.S.)   849. 

Effect  upon  surety  on  bond  of,  of  judgment 
against  principal.  40  L.R.A.  (N.S.) 
704,  732;  L.R.A.1918E,  816. 

§  2.  Liability. 

Liability  on  bond,  see  Bonds,  §§  12-15. 

Liability  of  constable  or  his  bond  for  shoot- 
ing a  person  while  attempting  to  arrest 
him.     51  L.R.A.  (N.S.)    1179. 

Liability  for  making  arrest.  L.R.A.1915B, 
505. 

Liability  of,  for  his  deputy's  tort  in  making 
arrest.  12  L.R.A.{N.S.)  1019;  L.R.A. 
1915E,  172. 

Liability  of  officer  who  uses  criminal  proc- 
ess to  collect  a  debt.  24  L.RA.(N.S.) 
301. 


CONSTITUTION. 


Of   state  or  country,   see  Constitutional 

Law. 
Of     insurance    company,     see     Insueance, 

§§   46,  47. 


Begin  with  this  hoolc  on  every  law  question. 


CONSTITUTIONAL  LAW. 

T.  In  general,  §§  1,  2. 
II.  Adoption;  amendment;  construe' 
tion,  §§  3-6. 

III.  Ex  post  facto  laws,  §  7. 

IV.  Retroactive  statute    §§  8-10. 

V.  Delegation  of  powers,   §§  11-17, 
TI.  Sevaration  of  powers,    §§  18-20. 
VII.  Local  self  government,  §  20a.      I 
VIII.  Republican  form  of  government, 
§  21. 


INDEX  TO  L.R.A.  NOTES. 


229 


CONSTITUTIONAL  LAW— cont'd 
IX.  Rights   of   persons   and  property, 
§§  21a-104. 

a.  In  general,  §  21a. 

b.  Privileges    and    immunities; 

equal  protection,  §  22. 

c.  Due  process  of  law,  §  23. 

d.  Police  power,  §  23a. 

e.  Restrictions  on  contracts  and 

business,  §  24. 
/.  Property  rights,  §§  25-28. 
g.   Vested  rights,   §§  29,  20a. 
h.  Freedom    of    speech,    x>ress, 

and  worship,  §  29b. 
i.  Guaranties  of  justtce,  §  29c. 
j.  Impairment  of  obligation  of 
contract,    §§  30-3S. 

1.  In  general,  §§  30-33. 

2.  What    are    contracts,    § 

34:. 

3.  As  to  remedies,   §§   35- 

37. 

4.  By  change  in  decisions, 

§   38. 
le.  Rights  on  various  particular 
subjects,  §§  39-194. 

1.  In  general;  regulation  of 
business ;  license,  §  § 
39-177. 

8.  Remedies  and  proced- 
ure,  §§  178-192. 

3.  Criminal  matters;  im- 
prisonment, §§  193- 
194. 


I.  In  general, 

§  1.  Generally. 

Matters  of  interstate   commerce,   see  Com 

MERCE. 

Constitutional  guaranty  against  self  crim- 
ination, see  Criminal  Law,  §§  49-53. 

Constitutionality  of  statutory  credits  for 
good  behavior  of  convict,  see  Criminal 
Law,   §   81. 

Power  of  eminent  domain,  see  Eminent  Do- 
main. 

Imprisonment  for  debt,  see  Imprisonment 
FOR  Deut. 

Recognition  of  judgment  of  other  state  un- 
der full  faith  and  credit  provision,  see 
Judgment,  §§  67-70. 

Powers  of  legislature  generally,  see  Legis- 
lature, §  3. 

Constitutionality  of  modern  anti-trust 
laws,  see  Monopoly  and  Combina- 
tions. 

Purposes  for  which  public  money  may  be 
used,  see  Public  Money,  §  4. 

Searches  and  seizures,  see  Search  and  Seiz- 
ure. 

Who  may  attack  constitutionality  of  stat- 
ute, see  Statutes,  §  9. 

Partial  unconstitutionality  of  statute,  see 
Statutes,  §  10. 

As  to  enactment,  entitling,  and  construc- 
tion of  statutes,  see  Statutes,  II. 

Plurality  of  subjects  in  statute,  see  Stat- 
utes, §§  13,  14.  . 

Title  of  statute,  see  Statutes,  §§  13,  14. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONSTITUTIONAL  LAW,  I.— cont'd 
Special    legislation,    generally,    see    Stat- 
utes, §§  15-18. 
Corporate  taxation  as  affected  by  contract 
clause,  see  Taxes,  §  37. 

Consideration  of  extrinsic  evidence  to  show 
unconstitutionality  of  statute.  14 
L.R.A.  459;   L.R.A.1915D,  458. 

The  effect  of  removal  of  constitutional  ob- 
jections to  a  statute.  48  L.R.A.  (N.S.) 
349. 

Constitutional  command  to  enact  law  as  im- 
plied prohibition  against  further  legis- 
lation on  the  same  subject.  1  L.R.A. 
(N.S.)  489. 

Validity  of  claims  against  state  as  affected 
by  state  constitution.    42  L.R.A.  37. 

Right  of  municipal  corporation  to  recover 
back  money  paid  out  in  violation  of  the 
Constitution.     13  L.R.A. (N.S.)    157. 

§  2.  Constitutional  objection  in  man- 
damns   proceeding. 

Right  of  relator  in  mandamus  proceedings 
to  attack  constitutionality  of  statute 
relied  upon  by  respondent.  16  L.R.A. 
(N.S.)    266. 

Unconstitutionality  of  statute  as  against 
mandamus  to  compel  its  enforcement. 
47  L.R.A.  512;  24  L.R.A. (N.S.)  1260; 
34  L.R.A.(N.S.)   1060. 

II.    Adoption;    amendment;    construc- 
tion. 

§  3.  Adoption. 

Effect  of  adoption  of  Constitution  upon  Or- 
dinance of  1787.     52  L.R.A. (N.S.)   305. 

Power  of  court  to  determine  the  question 
of  adoption.     15  L.R.A.  524. 

Upon  what  basis  is  the  majority  essential 
to  the  adoption  of  constitutional  or 
other  special  propositions  submitted  at 
a  general  election  to  be  computed.  22 
L.R.A.  (N.S.)     478. 

§  4.  Amendment. 

Amendment  of  statute,  see  Stattjtes,  §§  14, 
29,  30. 

Power  to  cure  unconstitutional  statute  by 
amendment.     60  L.R.A.  564. 

Effect  of  noncompliance  with  prescribed 
method  of  amending  Constitution.  10 
L.R.A.(N.S.)     149. 

Validation  of  unconstitutional  statute  by 
constitutional  amendment.  38  L.R.A. 
(N.S.)   77. 

Amendments  proposed  by  initiative  or  sub- 
ject to  referendum.  50  L.R.A.(N.S.) 
205;  L.R.A.1917B,  23. 

§  5.  Construction. 

Federal  courts  following  state  decisions  as 
to  construction  of  Constitution.  40 
L.R.A.(N.S.)    393. 

Condition  as  to  vote  by  people  to  adopt 
statute.      23   L.R.A.    113. 

Construction  of  particular  constitutions  as 
'to  legislative  divorce.     18  L.R.A.  96. 

Constitutional  provisions  as  to  number  and 
agreement  of  jurors  necessary  to  ver- 
dict.    43   L.R.A.    37. 


230 


INDEX  TO  L.R.A.  NOTES. 


CONSTITUTIONAL  LAW,  II.— cont'd 

When  "may,"  in  constitutional  provision, 
deemed  to  be  mandatory.  5  L.R.A. 
(N.S.)    340. 

Scope  and  effect  of  constitutional  provision 
exempting  property  from  eminent  do- 
main proceedings.    L.R.A.  1916A,  1097. 

Constitutional  limitation  of  the  power  to 
exempt  property  from  taxation  as  af- 
fecting public  obligations  or  property. 
L.R.A.1917B,  308. 

§  6.  —  self-executing  provisions. 

Generally.     16  L.R.A.  281. 
Prohibitions  generally.    16  L.R.A.  282. 
Cases  as  to  taking  property  for  public  use, 
16  L.R.A.  283.  .  . 

Exemptions   may   be   regarded   as   prohibi- 
tions.    16  LJI.A.  284. 
Taxation.     16  L.R.A.  284. 
Appropriations.     16  L.R.A.  285. 
Stockholders'  liability.     16  L.R.A.  285. 
Constitutional   provisions  as   to   initiative 

and  referendum.    50  L.R.A.(N.S.)  198; 

L.R-A.1917B,  18. 


Ill,  Ex  post  facto  laws. 

%  7.  Generally. 

Right  of  prohibition  against  sale  of  liquors 
as  limited  by  provisions  of  Federal  con- 
stitution against  ew  post  facto  laws. 
15  L.R.A.(N.S.)  929. 

Constitutional  or  statutory  provisions  for 
prosecution  of  felony  upon  information 
without  indictment  as  an  ex  post  facto 
law.    38  L.R.A.{N.S.)    600. 

Statute  reducing  number  of  presiding 
judges  at  criminal  trial.  37  L.R.A. 
(N.S.)    567. 

Statute  affecting  challenges  to  the  jury  as 
ex  post  facto.    31  L,R.A.(N.S.)   820. 

Repeal  of  statute  excluding  evidence  dis- 
covered or  obtained  by  judicial  proceed- 
ings against  accused.  37  L.R.A. (N.S.) 
96. 

Constitutionality  of  statute  providing  for 
increased  punishment  because  of  prior 
conviction.     34  L.R.A.  399. 


IV.  Retroactive  statutes. 

§  8.  Generally. 

What  statutes  are  retroactive,  see  Stat- 
utes, §  28. 

Constitutionalitv  of  laws  charging  the  ex- 
pense of  police  regulations  on  the  busi- 
ness to  be  regulated.    16  L.R.A.  380. 

Constitutionality  of  retroactive  statute 
creating  right  of  action  or  of  set- 
off on  account  of  past  acts  or 
transactions.    52  L.R.A.  934. 

Power  to  impose  succession  tax  retrospect- 
ively.    33  L.R.A.  (N.S.)    602. 

Retrospective  statute  prescribing  grounds  of 
divorce.    L.R.A.1917C,  160. 

Statute  passed  after  final  decree  of  divorce 
to  enable  court  to  modify  decree  so  as 
to  provide  for  maintenance  of  children. 
L.R.A.1917D,  333. 


Begin  with  this  book  on  every  law  question 


CONSTITUTIONAL  LAW,  IV.— cont'd 
§  9.  Curative  acts. 

Statutes  legalizing  invalid  municipal  con- 
tracts, see  Municipal  Corporations, 
§  56. 

Curative  act  as  special  legislation.  5 
L.R.A.(N.S.)  327;  22  L.R.A.  (N.S.) 
534;   42  L.R.A.  (N.S.)    465. 

Curing  constitutional  defect  in  prior  stat- 
ute. 1  L.R.A.(N.S.)    431. 

Power  to  cure  unconstitutional  statute  by 
amendment.     60  L.R.A.  564. 

Validation  of  unconstitutional  statute  by 
constitutional  amendment.  38  L.R.A. 
(N.S.)    77. 

Validation  of  municipal  act  judicially  de- 
clared invalid  as  invasion  of  powers  of 
judiciary.    L.R.A.1917E,  827. 

Constitutionality  of  statutes  curing  defect- 
ive acknowledgments  of  conveyances  of 
real  property.     31  L.R.A. (N.S.)    1076. 

Curative  act  relieving  officer  from  lia- 
bility for  loss  of  funds  deposited  in 
bank.     36  L.R.A. (N.S.)    294. 

Curative  statutes  for  purpose  of  curing 
statutory  defects  in  map  or  plat.  42 
L.R.A.(N.S.)    591. 

What  provision  for  notice  under  curative 
act  is  necessary  to  due  process  of  law 
in  tax  proceedings.     L.R,A.1916E,   38. 

§   10.  —acts  legalizing  contracts. 

Constitutionality   of    statute   legalizing    an 
invalid      private      contract.        22 
L.R.A.    379. 
Statutes  legalizing  municipal  contract.     27 
L.R.A.  696. 


V.  Delegation  of  powers. 

§   11.  Generally. 

Relation  of  courts  to  other  departments,  see 

Courts,  §§  14-18. 
By  municipality,  see  Municipal  Corpoea- 

TIONS,   §   18. 

Power  to  fix  tolls,  rates,  and  prices.  33 
L.R.A.    182. 

Power  to  compel  prisoner  to  labor.  27 
L.R.A.  603. 

Delegation  of  legislative  power  to  regulate 
internal  management  of  corporations. 
10   L.R.A. (N.S.)    251. 

By  primary  election  law.  22  L.R.A. (N.S.) 
1146;  L.R.A.1917A,  264. 

Delegation  of  power  to  determine  place  of 
confinement  of  prisoners  committed  for 
crime.     42  L.R.A. (N.S;)   978. 

Power  to  receive  verdict  in  a  criminal  ease. 
L.R.A.1917E,  1090. 

Power  of  legislature  to  delegate  power  to 
appoint  judges.     L.R.A.1916E,  848. 

Delegation  of  power  as  to  regulations  in  re- 
gard to  infected  animals.  43  1>.R.A. 
.  (N.S.)    1068. 

Delegation  of  power  as  to  regulations  con- 
cerning care  or  improvement  of  ceme- 
tery lots.     L.R.A. 1915E,  168. 

§  12.  To  people. 

Power  of  legislature  to  make  a  statute 
contingent  on  approval  by  a  vote  of  the 
people.     23  L.R.A.  113. 


INDEX  TO  L.R.A.  NOTES. 


231 


-CONSTITUTIONAL  LAW,  V.— cont'd 
Initiative  and  referendum.  11  L.R.A. 
(N.S.)  1092;  33  L.R.A.  (N.S.)  969;  50 
L.R.A.  (N.S.)  197;  L.R.A.1917B,  15. 
Validity  of  local  option  laws  and  submis- 
sions to  popular  vote.  15  L.K.A. 
(N.S.)    942. 

§   13.  To  commission. 

Power  of  legislature  to  delegate  to  commis- 
sion the  right  to  fix  rates  to  be  charged 
by  a  public  service  corporation.  18 
L.R.A.{N.S.)   713. 

Constitutionality  of  commission  form  of 
government  as  against  objection  to 
delegation  of  legislative  power  to  mu- 
nicipalities. 35  L.R.A.(N.S.)  802;  51 
L.R.A.(N.S.)   632. 

Workmen's  compensation  act  as  illegal  dele- 
gation of  power.  L.R.A.1916A,  425; 
L.R.A.1917D,  55. 

Statute  establishing  fund  for  bonding  of 
public  officials.     L.R.A.1918B,  179. 

§  14.  To  civil   service  commissioners. 

Legislative  power.     34  L.R.A. (N.S.)   481. 
Judicial  power.     34   L.R.A.(N.S.)    481. 


§  15.  To  local  authorities  and  boards. 

Delegation  of  power  by  municipality,  see 
Municipal  Corpoeations,  §  18. 

Delegation  of  legislative  power  to  county 
board  of  supervisors.     16  L.R.A.  161. 

Power  of  the  legislature  to  delegate  to  a 
municipality  authority  to  form  or 
amend  its  charter.  43  L.R.A. (N.S.) 
339. 

Statutes  conferring  powers  upon  municipali- 
ties or  counties  in  respect  to  their 
officers  as  a  delegation  of  legislative 
power.     L.R.A.1916D,  921. 

To  legislate  on  subjects  covered  by  state 
laws.      1    L.R.A.  (N.S.)    382. 

As  to  local  option  law.    1  L.R.A.  (N.S.)  483. 

To  what  boards  or  bodies  may  power  of 
taxation  be  delegated.  15  L.R.A. 
(N.S.)   61;  32  L.R.A.(N.S.)   1078. 

Authority  of  legislature  to  make  punish- 
able, failure  to  comply  with  rule  of 
health  board.     6  L.R.A.(N.S.)    143. 


^  16.  To  courts  or  judges. 

May  appointment  of  municipal  officers  be 
constitutionally  delegated  to  courts  or 
judges   thereof.      19   L.R.A.(N.S.)    579. 

-Constitutionality  of  succession  taxes  with 
respect  to  jurisdiction  of  probate 
courts.     33  L.R.A. (N.S.)    600. 

Validity  of  statute  establishing  courts  for 
juvenile  offenders.  3  L.R.A.  ( N.S. )  564; 
45  L.R.A. (N.S.)   910. 

Delegation  to  judiciary  of  investigation  of 
election  frauds.     L.R.A.1917D,  1046. 


§  17.  As  to  railroads  and  carriers. 

To  apportion  liability  for  cost  of  abolish- 
ing grade  crossing.     26   L.R.A.  94. 
donsult  also  L.R.A.  Digests  of  Cases. 


CONSTITUTIONAL  LAW,  V.— cont'd 
Delegability  of  power  to  compel  railroads 
to  fence  tracks.     31  L.R.A. (N.S.)    867. 
By  legislature  of  power  to  fix  tolls,  rates, 

or  prices.     33   L.R.A.  182, 
Delegation  by  legislature  of  power  to  regu- 
late    carriers.       32     L.R.A.(N.S.) 
639. 


VI.  Separation  of  powers. 


§   18.  Generally. 

Relation  of  courts  to  other  departments  of 
government,  see  CouETS,  III. 

By    commission    form    of    government.      35 

L.R.A. (N.S.)  802;  51  L.R.A.(N.S.)  632. 
Initiative  and  referendum.    11  L.R.A.  (N.S.) 

1092;   33  L.R.A. (N.S.)    969;   50  L.R.A. 

(N.S.)   197;.L.R.A.1917B,  15. 
Right   of    executive    officer    to    fix    date   of 

execution  in  a  capital  case.     14  L.R.A. 

(N.S.)   268.      , 
The   Torrens   Law   as    devolving   executive 

duties  upon  court.    L.R.A.1916D,  21. 


§  19.  Usurpation   of  power  by   courts. 

Power  of  courts  generally,  see  Coubts. 
Relation  of  courts  to  other  departments,  see 
Courts,  §§  14-18. 

Constitutional   power   of  courts   or   judges 

to  appoint  officers.     16  L.R.A.  737. 
Power  of  judiciary  to  fix  rates  to  be  charged 

by  public  service  corporation.    8  L.R.A, 

(N.S.)   529. 
Judicial  power  over  the  right  of   eminent 

domain.     22  L.R.A.(N.S.)   1. 
May  judges  of  municipal  or  police  courts 

be  vested  or  burdened  with  powers  or 

duties  of  a  nonjudicial  character.     19 

L.R.A.(N.S.)   615. 
Power  of  legislature  to  impose  upon  judges 

the  duty  to  assist  in  drawing  jurors. 

23  L.R.A.(N.S.)   1115. 


§  20.  Encroachment  on  judicial  power. 

Power  of  legislature  to  abridge  power  of 
court  to  punish  for  contempt,  see  Con- 
tempt, §  12. 

By  the  Torrens  Law,     L.R.A.1916D,  21. 

Statute  creating  prima  facie  rule  of  evi- 
dence for  criminal  cases  as  encroach- 
ment upon  judicial  power.  L.R.A. 
1915C,  727. 

Statute  requiring  county  or  municipality  to 
pay  a  claim  against  it  as  an  inva- 
sion of  powers  of  judiciary.  L.R.A. 
1917E,  827. 

Legislative  divorce  as  conflicting  with  judi- 
cial power.    18  L.R.A.  95. 

Legislative  authority  to  abridge  power  of 
courts  to  punish  for  contempt.  36 
L.R.A.  254. 

Power  of  legislature  to  prescribe  the  quali- 
fications of  attorneys.  10  L.R,A.  (N.S.) 
289. 


232 


INDEX  TO  L.R.A.  NOTES. 


CONSTITUTIONAL  LAW,  VI.— cont'd 
Constitutionality  of  statute  requiring  hus- 
band, upon  conviction  of  abandonment, 
to  provide  for  support  of  wife  or  fam- 
ily. 23  L.R.A.(N.S.)  854. 
Permitting  chancery  to  set  aside  a  verdict 
upon  an  issue  directed  by  it  to  a  law 
court  as  an  unconstitutional  infringe- 
ment upon  the  latter's  powers.  8 
LJl.A.(N.S.)  866. 

VII.   Local  self-government. 

§  20a.  Generally. 

Local  self-government  in  Rhode  Island.    60 

L.R.A.  330. 
Right  of  local  self-government;   legislative 
regulation '  of     municipal     officers.     1 
L.R.A.(N.S.)  512. 
Right  of  state  to  control  municipal  fire  de- 
partment.    15  L.R.A.(N.S.)   576. 
Power  of  the  legislature  to  impose  burdens 
upon    municipalities    and    to    con- 
trol their  local  administration  and 
property.     48  L.R.A.  465. 
Power  to  impose  Burdens.     48  L.R.A. 

467. 
Compelling    payment    of    nonlegal    de- 
mands.   48  L.R.A.  473;  L.R.A. 
1915D,  927. 
Power  in   respect  to  officers  and  local 

administration.    48  L.R.A.  479. 
Power  in  respect  to  property  and  fran- 
chises.    48  L.R.A.  485. 
Statute   establishing  juvenile  court  as  in- 
terfering with   right  of  local  self-gov- 
ernment.    45  L.R.A.(N.S.)  909. 

VIII.  Republican  form  of  govemm,ent. 

§  21.  Generally. 

Initiative  and  referendum  as  violation  of 
guaranty  of.  50  L.R.A.(N.S.)  197; 
L.R.A.1917B,  17. 

Commission  form  of  government  as  infringe- 
ment of  guaranty  of.  41  L.R.A.(N,S.) 
112;  51  L.R.A.(N.S.)   632. 

IX.  Bights  of  persons  and  property. 

a.  In  general. 

§  21a.  Generally. 

Right  to  bear  arms,  see  Cabbtinq  Weapons. 
Right  to  jury  trial,  see  JxJBT,  §§  3-7. 

Protection  of  private  rights  from  interfer- 
ence by  public.    18  L.R.A.  543. 

Decision  against  constitutional  right  as  a 
nullity  subject  to  collateral  attack.  39 
L.R.A.  449. 

Right  to  enjoin  acts  under  unconstitutional 
statute  as  affected  by  other  remedies  in 
case  such  acts  are  done.  8  L.R.A. 
(N.S.)   124. 


b.  Privileges 


and    immunities; 
protection. 


equal 


CONSTITUTIONAL  LAW,  IX.  b— cont'd 
As    to    general    or    special    legislation,    see 
Statutes,  §§  15-18. 

Equal  privileges  and  immunities.    14  L.R.A. 

579. 
Unjust  discrimination.     14  L.R.A.  585. 

As  to  attorneys'  fees.     14  L.R.A.  686. 
Class    legislation    restricting    contracts    i» 

business.     21  L.R.A.  790. 
Consideration  by  Federal  Supreme  Court  of 

questions   relating   to   equal   protectien 

in  reviewing  judgment  of  state  court. 

63  L.R.A.  581. 
Question    relating    to    equal    protection    as 

Federal  question.     62  L.R.A.  531. 
Validity   and   enforceability  of   contract  or 

covenant   in    relation   to   real  property 

which    discriminates    against    persons- 

because    of    race,    color,    or    religion. 

L.RJV.1916B,  1208. 

c.  Due  process  of  law. 

§23.  Generally. 

Due* process  of  law  as  to  particular  mat- 
ters, see  infra,  IX.  k. 
As  affecting  commerce,  see  Commebce. 

Denial  of,  making  judgment  void.  39  L.R.A. 
449. 

As  a  Federal  question.    62  L.R.A.  530. 

Continuance  of  constitutional  guarantiee 
during  war  or'  insurrection.  45  L.R.A. 
(N.S.)    996. 

Due  process  in  arrest  and  imprisonment  of 
a  citizen  of  Mexico  suspected  of  or- 
ganizing in  the  United  States  military- 
expedition  against  Mexico.  L.R.A. 
1917A,  281. 

d.   Police   power. 

§  23a.  Generally. 

Police  power  as  to  particular  matters,  sec 
infra,  IX.  k. 

Equal  protection  as  to  matters  within  po- 
lice power.     14  L.R.A.  584. 

Municipal  police  power  over  railroads  in 
public  streets.    70  L.R.A.  851. 

Games  or  amusements  which  are  proper  sub- 
jects for  exercise  of  police  power. 
L.R.A.1917E,  318. 

e.  Restrictions  on  contracts  and  busi^ 
ness. 

§24.  Generally. 

Restrictions  as  to  particular  kinds  of  busi- 
ness, see  infra,  IX.  k,  1. 

Restrictions  as  to  contracts  with  employees^ 
see  infra,  §§  82-87. 

Constitutionality  of  statutes  restricting  con- 
tracts and  business.   21  L.R.A.  789. 

Constitutionality  of  statute  forbidding  con- 
tracts ousting  jurisdiction  of  court.  48" 
L.R.A.(N.S.)    855. 

Validity  of  public  restrictions  as  to  loca- 
tion of  mercantile  business. 


49  L.R.A. 

22.  Generally.  (N.S.)  438;  L.R.A.1917F,  1060. 

Equal  protection  and  privileges  as  to  par-    Discrimination    between    residents    of    city 
ticular  matters,  see  infra,  IX.  k.  i  and  other  residents  of  state.    16  L.R.A. 

Civil  rights,  see  Civil  Ricirrs.  '  49, 

Begin  with  this  booh  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


233 


CONSTITUTIONAL  LAW,  IX.  e— cont'd 
Power    to    prohibit    stipulation    forbidding 
purchaser  to  handle  goods  of  other  deal- 
ers.    11  L.R.A.(N.S.)   968. 
Police  regulations  of  business  in  which  pat- 
ents are  used.    29  L.R.A.  791. 

/.  Property  rights. 

§  25.  Generally. 

Property  rights  to  particular  matters,  see 
also  infra,  IX.  k. 

Right  to  compensation  for  private  property 
taken  for  public  use,  see  Eminent  Do- 
main, §§  45-53. 

Equal  privileges  and  immunities  as  to  prop- 
erty rights.     14  L.R.A.  582. 

Equal  protection  as  to  property.  14  L.R.A. 
5C4. 

Power  to  make  use  of  property  for  particu- 
lar purposes,  or  in  a  particular  man- 
ner, conditional  upon  consent  of  neigh- 
bors.    8  L.R.A.(N.S.)    978. 

Constitutionality  of  the  Torrens  Law, 
L.R.A.1916D,  15. 

Statutes  infringing  freedom  to  deal  with 
one's  property,  enacted  in  order  to 
prevent   larceny.      L.R.A.1915B,   213. 

Validity  of  statute  providing  for  removal 
of  covenant  restrictions  on  use  of  land. 
L.R.A.1918B,  61. 

§  2  6.  Contingent  interests. 

Legislative  power  to  defeat  contingent  in- 
terests in  property.     19  L.R.A.  247. 

Power  of  legislatures  to  change  or  destroy 
estates  by  dower,  curtesy,  or  simi- 
lar estates.     19  L.R.A.  256. 

§  2  7.  Disposal  of  private   property. 

Constitutionality  of  private  statutes  to  au- 
thorize.    16  L.R.A.  251. 

§  28.  — power  of  husband  as  to. 

Power  of  legislature  to  restrict  husband's 
right  to  alienate  or  encumber  com- 
munity property.  36  L.R.A.  (N.S.) 
1040. 

Power  of  legislature  to  take  away  husband's 
right  to  convey  or  encumber  homestead 
property.     36  L.R.A. (N.S.)    1029. 

g.  Vested  rights. 

§  29.  Generally. 

Impairment  of  obligations  of  contract,  see 

infra,  IX.  j. 
In  statute  of  limitations,  see  Limitation  ok 

Actions,  §  3. 

•Of  original  beneficiary  in  life  insurance. 
L.R.A,1918F,  311. 

Of  injured  employee  or  of  his  dependents  in 
right  to  compensation  under  Work- 
men's Compensation  Act.  L.R.A.1917D, 
166. 

Exemptions  of  firemen  from  jury  or  militia 
duty  as.     8  L.R.A. (N.S.)   498. 

Effect  of  constitutional  provision  asserting 
title  to  navigable  water  on  vested  ri- 
parian rights.  6  L.R.A. (N.S.)  257. 

Increase  in  proportion  of  tax  or  assessment 
imposed  on  property  as  impairment  of 
vested  rights.     8  L.R.A. (N.S.)  546. 

■Consult  also  L.R.A.  Digests  of  Cases. 


CONSTITUTIONAL  LAW,  IX.  g— cont'd 

License  to  engage  in  profession  or  occupa- 
tion as  creating  a  vested  right  to  con- 
tinue in  same.     8  L.R.A. (N.S.)   1272. 

Question  relating  to  vested  water  rights  as 
Federal  question.     62  L.R.A.  537. 

§   2  9a.  In  pension. 

Military  pension.     50  L.R.A.  (N.S.)   1018. 
Firemen's    and    policemen's    pensions.       50 

L.R.A.(N.S.)    1019. 
Provision   for   officer's   family.      50   L.R.A. 

(N.S.)   1021. 
School  teachers'  pensions.    50  L.R.A. (N.S. ) 

1021. 

h.  Freedom  of  speech,  press,  and  wor- 
ship. 

§   29b,  Generally. 

Requiring  employer  to  furnish  discharged 
employee  with  statement  of  cause  of  his 
discharge  as  violation  of.  L,R.A.1917B, 
1115. 

Constitutional  freedom  of  speech  and  press. 
32  L.R.A.  829. 
As    affecting    civil    service    laws.      34 
L.R.A.  482. 

Invasion,  by  forbidding  mailing  of  obscene 
publications.    24  L.R.A.  112. 

i.  Guaranties  of  Justice, 

§  29c.  Generally. 

Statute  requiring  payment  of  court  fees  as 
a  violation  of  the  guaranty  of  justice. 
L.R.A.1918B,  150. 

j.  Impairment    of    obligation    of    con- 
tracts. 

1.  In  general, 

§30.  Generally. 

As  to  vested  rights,  see  supra,  §  29. 

Consideration  by  Federal  Supreme  Court  of 
questions  relating  to,  in  reviewing 
judgment  of  state  court.  63  L.R.A. 
678. 

§31.  Exemptions. 

Application  to  existing  judgments  of  stat- 
ute abolishing  or  diminishing  exemp- 
tions.    25  L.R.A. (N.S.)    189. 

§  32.  Taxes  and  assessments. 

Contract  as  to  extent  of  street  railway  com- 
pany's liability  for  paving  assessment. 
46  L.R.A.  203. 

Corporation  taxation  as  affected  by  contract 
clause  in  Federal  Constitution.  60 
L.R.A.  33. 

Change  of  law  as  to  effect  of  tax  certificates 
as  evidence  of  title.  4  L.R.A.(N.S.) 
1074. 

Constitutionality  of  succession  tax.  33 
L.R.A.(N.S.)  592;  60  L.EJL.(N.S.) 
994. 

§33.  Miscellaneous. 

Nullification  or  breach  of  state  contract  as 
impairment  of  obligation  of  contract. 
45  L.R.A.(N.S.)   72L 

Constitutionality  of  statute  forbidding 
change  of  beneficiary  in  insurance 
policy.     49  L.R.A.(N.S.)   487, 


£34 


INDEX  TO  L.R.A.  NOTES. 


CONSTITUTIANAL  LAW,  IX.  j,  1— cont'd 

Impairment  of  tliird  person's  rights  on 
legalizing  invalid  private  contract.  22 
L.Rji.  385. 

Contract  exemptions  against  power  of  legis- 
lature to  fix  tolls,  rates  or  price.  33 
L.R.A.  186. 

Right  to  reduce  rates  of  public  service  cor- 
poration fixed  by  franchise  or  charter. 
L.R.A.1915C,  261. 

Effect  of  contract  with  patrons  to  preclude 
regulation  of  rates  of  public  service  cor- 
porations.    L.R.A.1915C,  282. 

By  police  regulation  of  electric  companies. 
,      31  L.R.A.  804. 

Power  of  municipality  to  prevent  laying  an 
additional  track  under  a  franchise  to 
lay  double  tracks.  36  L.R.A.{N.S.) 
850. 

Statute  extending  mortgagor's  right  of  pos- 
session on  foreclosure  of  pre-existing 
mortgages.     31  L.R.A.  721. 

Statute  limiting  hours  of  labor.  65  L.R.A. 
42. 

Statute  regulating;  time  of  payment  of 
wages.     51    L.R.A,  (N.S.)    1097. 

Impairment  of  contract  obligations  by  Avork- 
men's  compensation  act.  L.R.A.1916A, 
426;  L.R.A.1917D,  56. 

Kffect  of  legislation  limiting  cost  of  new  in- 
surance on  existing  contracts  with 
agents.  19  L.R.A. (N.S.)  946. 

Right  under  reserved  power  to  amend  or  re- 
peal charter  of  corporation  to  change 
the  rights  of  stockiioiders  as  to  voting 
the  stock.     22  L.R.A. (N.S.)    420. 

Alteration  of  stockholders'  liability  as  im- 
pairment of  the  obligation  of  contract. 
L.R.A.1915B,  797. 

Statutes  requiring  railroad  company  to 
fence  tracks  and  build  cattle  guards  as 
impairing  contract  obligation.  31 
L.R.A.  (N.S.)   866. 

Eight  to  prohibit  sale  of  liquors  as  limited 
by  provision  of  Federal  Constitution 
against.    15. L.R.A. (N.S.)  929. 

2.  What  are  contracts. 

§  84.  Generally. 

Generally.     17  L.R.A.  611. 

Change  of  interest  on  judgments.  17  L.RA^. 
612. 

Constitutional  provisions  as  to  impairment 
of  obligation.    17  L.R.A.  613. 

Obligations  created  by  judgments.  17 
L.R.A.  614. 

Privilege  of  using  streets  as  a  contract.  50 
L.R.A.  142;  L.R.A.1918E,  892. 

Provision  as  to  rates  in  franchise  or  char- 
ter of  public  service  corporation  as  a 
contract.    L.R.A.1915C,  268. 

3.  As  to  remedies. 

§  35.  Generally. 

Effect  of  statutory  declarntion  that  murder 
committed  by  certain  means  or  while 
enjraged  in  commission  of  felony  shall 
be  murder  in  first  degree  upon  right  of 
jury  to  pass  upon  decree.  L.R.A.1916D, 
610. 


Begin  uHth  this  hooTc  on  every  law  question. 


CONSTITUTIONAL  LAW,  IX.  j,  3— cont'd 
§3  6.  Limitation    of    actions. 

Reasonableness  of  period  allowed  by  statute 
of  limitations  in  respect  to  existing 
cause  of  action.     21  L.R.A. (N.S.)    157. 

AppVcability  to  existing  contracts  of  stat- 
ute avoiding  contractual  stipulfitiona 
limiting  time  for  action.  38  L.R.A. 
(N.S.)  1016. 

§3  7.  Enforcement  of  liability  of  stock- 
holder. 

Validity  of  act  changing  remedy  to  enforce 
stockholder's  liability.  3  L.R.A. (N.S.) 
954;  L.R.A.ini5B,  802. 

By  change  of  remedy  for  enforcement  of 
stockholder's  liabilitv  in  foreign  juris- 
diction.   33  L.R.A. (N.S.)  909. 

Impairment  of  obligation  by  change  of 
remedy  of  creditor  of  corporation 
against  stockholder.  1  L.R.A. (N.S.) 
1171. 

4.  By  change  in  decisions. 

§38.  Generally. 

EflFect  of  change  of  judicial  decision  to  im- 
pair the  obligation  of  a  contract.  16 
L.R.A.  646;  5  L.R.A.(N.S.)  860;  23 
L.R.A.(N.Su)  600. 

k.  Rights   on   variotis   particular   sub- 
jects. 

1,  In  general;  regulation  of  "business;, 
license. 

§  39.  Generally. 

As  to  licenses,  generally,  see  License,  II. 

Revocation  of  lioense,  see  License,  §S  17, 
18. 

Discrimination  as  to  license  fees,  see  Li- 
cense, §§  46,  46a. 

Municipal  regulation  of  business,  see  Mu- 
nicipal COBPOBATIONS,  §§  42-50. 

§  40.  Aliens. 

Treaty  guaranties  to  alien.     ]6  L.R.A.  277. 

Equal  protection  of  rights  of  aliens.  14 
L.R.A.  583. 

Power  of  state,  under  14th  Amendment  to 
the  United  States  Constitution,  to  deny 
to  aliens  the  right  to  engage  in  a  law- 
ful  occupation.     11    L.R.A.  (N.S.)    799. 

Discrimination  against,  by  statute  or  ordi- 
nance imposing  license  or  occupation 
tax.     40  L.R.A.(N.S.)    281. 

Validity  of  discrimination  against  aliens  by 
inheritance  tax  law  as  affected  by 
treaties  with  foreign  government. 
L.R.A.1916A,  474. 

§  41.  Amnsements. 

Moving  pictures,  see  infra,  §  123. 

Power  of  state  to  determine  location  of 
places  of  amusement.    L.R.A.1916D,  99. 

Legislation  forbidding  speculation  in  theater 
tickets.    L.R.A.1918D,  388. 

Games  or  amusements  which  are  proper  sub- 
jects for  police  power.  L.R.A.1917E,. 
318. 


INDEX  TO  L.R.A.  NOTES. 


235 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§    42.  Animals. 

Right  to  kill  dogs  under  police  power.  15 
L.R.A.  249;  40  L.R.A.  510;  19  L.R.A. 
(N.S.)  835;  28  L.R.A.  (N.S.)  673; 
L.R.A.1915C,  360. 

Killing  of  unlicensed  dogs  as  taking  prop- 
erty without  due  process  of  law.  40 
L.R.A.  523. 

Constitutionality  of  statutes  authorizing 
seizure  of  animals  by  humane  officers. 
15  L.R.A. (N.S.)   554. 

Validity  of  statutory  regulations  as  to  in- 
fected animals.     43  L.R.A.  (N.S.)    1066. 

Power  to  require  destruction  of  diseased  do- 
mestic animals  without  making  com- 
pensation therefor.  18  L.R.A.  (N.^.) 
369. 

Validity  of  statute  permitting  the  summary 
killing  of  domestic  animals  other  than 
dogs,  running  at  large.  21  L.R.A. 
(N.S.)   699. 

Constitutionality  of  statute  allowing  cattle 
to  graze  on  highway.  33  L.R.A. (N.S.) 
1055. 

Constitutionality  of  statutes  making  rail- 
road companies  absolutely  liable  for 
damage  to  stock  irrespective  of  negli- 
gence.    35  L.R.A. (N.S.)    1018. 

Police  power  as  to  dead  animals.  38  L.R.A. 
330;  48  L.R.A.  (N.S.)   979. 

Constitutionality  of  statute  or  ordinance  for 
prevention  of  cruelty  to  animals. 
L.II.A.1916A,  951. 

§   42a.  Army  and  Navy. 

Power  of  state  under  Federal  Constitution 
to  legislate  with  respect  to  Army  and 
Navy.     L.R.A.1918C,  307. 

Validity  of  statute  making  military  service 
compulsory.     7  B.  R.  C.  593. 

§   43.  Assessments. 

Impairment    of     contract    obligations,     see 

supra,  §  32. 
As  to  taxes,  see  infra,  §§  154-157. 

Special  assessment  as  a  tax.  3  L.R.A. 
(N.S.)  837. 

Power  of  legislature  to  make  special  assess- 
ment superior  to  prior  liens.  35  L.R.A. 
373;   30  L.R.A. (N.S.)   762. 

Assessments  for  improvements  by  front- 
foot  rule.  17  L.R.A.  330;  28  L.R.A. 
(N.S.)  1124:  .50  L.R.A.  (N.S.)  922; 
L.R.A. 1917D,  372. 

Personal  liability  of  property  owner  to  pay 
assessments  for  local  improvements. 
18  L.R.A.(N.S.)  1259;  29  L.R.A.  (N.S.) 
770. 

Selection  of  interested  person  to  assesss 
benefits  for  improvements.  16  L.R.A. 
(N.S.)   292. 

Increase  in  proportion  of  assessment  im- 
posed on  property  as  impairment  of 
vested  rights.     8  L.R.A. (N.S.)    546. 

Impairment  of  obligation  of  contract  as  to 
extent  of  street  railway  company's 
liabilitv  for  paving  assessment.  46 
L.R.A.  "203. 

Landowner's  right  to  notice  and  hearing  of 
assessment  for  public  improvements. 
28  L.R.A. (N.S.)    1201. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§   44.  Assignments. 

Statute  restricting  assignment  of  salary  or 
wages.  28  L.R.A.  (N.S.)  1108;  43 
L.R.A.(N.S.)    746. 

§  45.  Associations. 

Building  and   loan   associations,   see   infra, 

§  53.      . 
Corporations,  see  infra,  §  62. 
Religious  societies,  see  infra,  §  146. 

Right  to  prohibit  virearing  badge  of  society 
by  nonmember.     24   L.R.A. (N.S.)    795. 

§  46.  Attorneys,  compensation  and 
lien  of. 

Attorneys'  fees,  see  infra,  §  180. 

Constitutionality  of  statute  requiring  an 
attorney  to  perform  services  for  the 
public  without  remuneration.  42 
L.R.A.(N.S.)  527. 

Constitutionality  of  statutes  providing  for 
attorneys'  liens.     40  L.R.A. (N.S.)   529. 

Constitutionality  of  statutes  relating  to  dis- 
barment of  attorneys.  44  L.R.A, 
(N.S.)    1195. 

§~  4  7.  Automobiles. 

Validity  of  statute  making  owner  liable  for 
injury  by  automobile  beinsr  iisimI  by 
another.  45  L.R.A.  (N.S.)  609;  L.R.A. 
1918A,  918.. 

Constitutionality  of  acts  regulating  speed  of 
automobiles.    L.R.A.1918D,  132. 

Constitutionality  of  statutes  giving  lien  on 
automobile  for  injuries  done  by  it» 
L.R.A.1917E,  928. 

§  48.  Bakeries. 

Power  to  regulate  the  location  or  condition 
of  bakeries.    26  L.R.A.(N.S.)  842. 

§  49.  Bankers. 

Constitutionality  of  statute  prohibiting 
private  banking.     15  L.R.A.  477. 

Power  to  prohibit  or  regulate  banking  busi- 
ness bv  individuals.  5  L.R.A. (N.S.) 
874;  25  L.R.A. (N.S.)   1217. 

Constitutionality  of  bank  guaranty  law. 
32  L.R.A.  (N.S.)    1065. 

Constitutionality  of  statute  authorizing 
officer  to  take  charge  of  assets  of  bank 
upon  suspicion  of  insolvency.  L.R.A. 
1915E,  675. 

§   50.  Barbers. 

Constitutionality  and  effect  of  restrictions 
on  right  to  practise  trade  of  barber.  40 
L.R.A.(N.S.)  629. 

§  51.  Bread. 

See  infra,  §  118. 

§   51a.  Bonds. 

Constitutionality  of  statute  establishing 
fund  for  bonding  of  public  officials. 
L.R.A. 1918B,  179. 

Constitutionality  of  Blue  Sky  Laws.  L.R.A. 
1917F,  524. 


236 


INDEX  TO  L.R.A.  NOTES. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
Constitutionality  of  statute  requiring  bond 
to  protect  laborers  and  matorialnipn  up- 
on  entering   into   a   building   contract. 
L.R.A.1918A,  1199. 

9   52.  Brokers. 

Police  power  to  restrict  business  in  case  of 
ticket  brokers.     24  L.R.A.  152. 

Power  of  legislature  to  prohFbit  offering 
another's  real  estate  tor  sale  without 
written  authority.  12  L.R.A.(N.S.) 
707. 

Power  of  legislature  to  require  that  con- 
tracts for  commissions  for  finding  a 
purchaser  for  real  estate  shall  be  in 
writing,     33  L.R.A.(N.S.)    973. 

<3on8titutionality  of  Blue  Sky  Laws.    L.R.A. 

N        1917  F,  624. 

§58.  Buildini;  and  loan  association. 

Validity  and  effect  of  statute  requiring  de- 
posit of  securities  by  building  and  loan 
association  as  a  prerequisite  to  the 
right  to  transact  business.  9  L.R.A. 
(N.S.)  461. 

f  54.  Baildings. 

Police  power  over  condition  of  buildings. 
16  L.R.A.  400. 

Power  of  municipality  to  require  permit  to 
construct  or  repair  building  within  its 
limits.     13  L.R.A.(N.S.)   737. 

Constitutionality  of  statute  or  ordinance 
limiting  height  of  building.  23  L.R.A. 
(N.S.)   1160;  L.R.A.1918C,  78. 

Right  of  municipality  to  permit  use  of  pub- 
lic buildings  for  private  purposes.  31 
L.R.A. (N.S.)   580. 

Constitutionality  of  statutory  regulations 
as  to  safety  and  sanitary  conditions  of 
tenement,  lodging,  and  boarding 
houses.     17  L.R.A. (N.S.)  486. 

Constitutionality  of  party  wall  statutes. 
66  L.R.A.  710. 

Validity  of  public  restriction  as  to  location 
of  mercantile  business.  L.R.A.1917F, 
1060. 

§55.  Bulk  sale. 

As  to  construction  and  effect  of  "bulk  sale" 
laws,  see  Fbaudui^nt  Conveyances 
§  la. 

Constitutionality  of  bulk  sale  legislation. 
2  L.R.A.(N.S.)  331;  20  L.R.A.(N.S.) 
160;  L.R«A.1916E,  917. 

§  56.  Carriers. 

Governmental  regulation  of  carriers  gener- 
ally, see  Cabbiebs,  V. 

Action  of  public  authorities  under  police 
power  as  defense  to  carrier  for  delay 
or  nondelivery  of  freight.  28  L.R.A. 
(N.S.)  139. 

Constitutionality  of  statute  requiring  car- 
rier to  sell  tickets  good  on  connecting 
line.     42  L.R.A. (N.S.)   541. 

Constitutionality  of  legislation  affecting  the 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 

Constitutionality  of  statute  making  bill  of 
lading  conclusive  proof  of  receipt  of 
property.     22  L.R.A.  (N.S.)   821, 

Constitutionality  of  statute  which  makes 
shipper's  statement  as  to  weight  con- 
clusive.   L.R.A.1917E,  1022. 

Constitutionality  of  statute  fixing  mini- 
mum rate  of  speed  at  whieli  carrier 
may  transport  special  kinds  of  freight. 
26  L.R.A.  (N.S.)  1018;  L.R.A.1917C, 
142. 

Constitutionality  of  statute  imposing  pen- 
alty or  added  liability  for  failure 
of  carrier  to  pay  claim.  42  L.R.A. 
(N.S.)    106;   L.R,A.1917B,  926. 

Co^istitutionality  of  full  crew  acts.  49 
L.R.A.  (N.S.)     978. 

Constitutionality  of  statute  requiring  un- 
occupied upper  berth  to  be  left  closed. 
L.R.A.1916A,  1139. 

§  57.  Children. 

Minor  employees,  see  infra,  §  83. 

Constitutionality     of     statute     permitting 

adoption   of   child   without   consent   of 

parents.     18  L.R.A. (N.S.)    926, 
Validity  of  statute  regulating  admission  ot 

minors    to     saloons.     22   L.R.A.(N.S,) 

1007. 
Restraint  on  freedom  of  child    as    impair- 
ment    of      child's      constitutional 
rights,     18   L.R.A, (N.S.)    886, 
Statute  authorizing  commitment  of  minors 

to  reformatories  without  conviction  of 

crime.     16  L,R,A.  691, 
Constitutionality    of    statutes    establishing 

juvenile  courts,    45  L,R.A.(N.S.)  908. 

§  58.  —after  born  children. 

Divestiture  of  estates  of  persons  not  in 
being.    8  L.R.A, (N.S,)  49. 

§  59.  Civil  service  laws. 

Delegation  of  legislative  power,     34  L,R.A. 

(N.S.)  48L 
Delegation    of    judicial    power,     34    L,R..V 

_  /N.S.)  481. 
Privileges  and   immunities  of  citizens,     34 

L.R.A.(N.S,)  481, 
Free   speech   and   action,     34   L.R,A.(N.S,) 

482. 
Right   of  trial  by   jury.     34   L.R.A. (N.S,) 

482. 
Penalties,     34  L.R.A,(N,S.)  483. 
Local    and    special   legislation.     34   L.R.A. 

(N.S.)   483. 
Sufficiency  of  title.     34  LJR.A.(N.S.)  483. 
Partial  invalidity.     34  L.R.A.  (N.S.)   484, 
Power    of    appointment.     34    L,R,A,(N,S,) 

484. 
Tenure  of  office.     34  L.R.A. (N.S.)   485. 
E.xaminatiou    as    illegal     test.     34     L.R.A. 

(N.S.)  486, 
Provision    as   to   fitness.     34    L.R.A, {N,S.) 


„       _  4S6. 

amount  of  liability  or  penalty  for  delay    Validity  of  statute    giving    veterans    pref- 
in     delivery      or    for    destruction,    of  orence    in    appo  :itment    to    office,     10 

freight      20  L.R.A.(N.S.)    126.  !  L.R.A, (N.S.)   825. 

isegin  with  this  book  on  every  law  question. 


INDEX  TO  L.R.A.  ^'OTES. 


237 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§   60.  Ck>nservation      of      natural      re- 
sources. 

Constitutionality  of  statute  to  prevent  waste 
of  subterranean  waters,  natural  gas,  or 
oil.     L.R.A.1918B,  134. 

Constitutionality  of  legislation  restricting 
or  regulating  the  right  to  cut  timber  on 
private  land.     19  L.R.A.  (N.S.)   422. 

Constitutionality  of  statutes  to  prevent 
waste  of  subterranean  water,  natural 
gas,  or  oil.     23  L.R.A.(N.S.)    436. 

Right  of  state  to  forbid  exportation  of 
natural  resources.  35  L.R.A.  (N.S.) 
1193. 


§   61.  Convict  labor. 

Constitutional    objections   to   convict    labor 
contracts.     L.R.A.1916D,  660. 


§   62.  Corporations. 

Impairment  of  obligations  of  contract  as  to 
enforcing  liability  of  stockholders,  see 
supra,  §  37. 

As  to  carriers,  see  supra,  §  56. 

As  to  railroad  companies,  see  infra,  §  142. 

As  to  foreign  corporations,  see  CoKPO- 
KATIONS,  XI. 

Status  of  corporations  as  persons  or  citi- 
zens, see  CoBPOBATio.NS,  §§9,  10. 

Equal  protection  as  to.     14  L.R.A.  585. 

Constitutionality  of  provisions  as  to  bonus 
stock  of  corporation.     38  L.R.A.  491. 

Constitutionality  of  retroactive  statute  cre- 
ating right  of  action  against  private 
corporation.     52  L.R.A.  938. 

Right  under  reserved  power  to  amend  or  re- 
peal charter  of  corporation  to  change 
rights  of  stockholders  as  to  voting  the 
stock.     22  L.R.A.(N.S.)   420. 

Power  of  public  to  determine  capacity  or 
suitableness  of  particular  officer,  agent, 
or  employee  of  private  corporation,  or 
corporation  whose  business  is  affected 
with  a  public  interest,  L.R.A.1915E, 
708. 


§   63.  Cremation. 

Regulations  concerning  cremation  of  human 
bodies.     52  L.R.A. (N.S.)   408. 

§    64.  Crops.  I 

See  infra,  §  130. 

§   65.  Curtesy. 

Power  of  legislature  to  change  or  destroy 
estates  by  curtesy.     19  L.R.A.  257. 

§   66.  Dentists. 

Constitutionality  of  statute  affecting  right 
to  practise  dentistry  of  one  who  has 
practised  in  another  state.  L.R.A. 
1915D,  538. 

§   6  7.  Department  stores. 

Restrictive     statutes      against      "company 

stores."    21  L.R.A.  797. 
Legal     restrictions     on    department    stores. 

48  L.R.A.  261. 
Consult  also  L'.R.A.  Digests  of  Cases. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§   68.  Divorce;  alimony. 

Constitutionality  of  retroactive  statute 
creating  right  of  action  or  set-off  on 
account  of  past  acts  or  transactions  as 
to.     52  L.R.A.  934. 

Imprisonment  for  failure  to  pay  alimony. 
17  L.R.A.(N.S.)   1140. 

§   69.  Descent  and  distribution. 

Power  to  give  child  under  existing  adoption, 
right  to  inherit  from  parent  or  parent's 
relatives.     35  L.R.A.(N.S.)    216. 

§    7  0.  Destruction  of  property  by  mob. 

Constitutionality  of  statutes  imposing  lia- 
bility for  property  destroyed  by  mob. 
24  L.R.A.  600;  -i4  L.R.A.(N.S.)  361. 

§    71.  Devcstiture  of  estates. 

Devestiture  of  estates  of  persons  not  in 
being.     8  L.R.A.  (N.S.)    49. 

§    72.  Disbarment. 

Of  attorney,  see  supra,  §  46. 

§   73.  Disorderly  houses. 

Forfeiture  of  property  found  in  bawdy- 
house.     52  L.R.A. (N.S.)    932. 

Constitutionality  of  statutes  or  ordinance 
against.    L.R.A.1917B,  1078. 

§   74.  Dower. 

Power  of  legislature  to  change  or  destroy 
estates  by  dower.     19  L.R.A.  256. 

Power  of  legislature  to  increase  dower 
right.     17  L.R.A.(N.S.)  319. 

§   74a.  Drains  and  sewers, 

Power  to  compel  connection  of  property 
with  public  sewer.    L.R.A.1918C,  258. 

§   75.  Elections. 

Constitutional  right  to  vote,  see  Elec- 
tions, I. 

Equal     privileges     and     immunities    as    to 

right  to  vote.     14  L.R.A.  580. 
Constitutionality    of    popular    elections    of 

United     States     senators.     41     L.R.A, 

(N.S.)    140. 
Statutes  restricting  vote  of  elector  to  less 

than  all  when  several  officers  are  to  be 

chosen  for  same  office.     33  L.R.A.  141. 
Constitutionality  of  decision  of  tie  vote  by 

lot.     47  L.R.A.  554. 
Constitutionality     of     statute     prescribing 

property  qualification  on  right  to  vote 

on   establishment   of  drainage  district. 

44  L.R.A. (N.S.)  539. 
Constitutionality  of  preferential  system  of 

voting.      L.R.A.] 916B,    939. 
Constitutionality  of  statute  requiring  voter 

to   vote   for   all   officers.     L.R.A.1915B. 

402. 

§    7  6.  —ballots. 

Constitutionality  of  Australian  ballot  stat- 
utes.    16  L.R.A.  754. 

Constitutionality  of  statute  for  numbering: 
ballots.     8  L.R.A. (N.S.)    888. 

Validity  of  statute  as  to  marking  official 
ballot.     47  L.R.A.  806. 


238 


INDEX  TO  L.R.A.  NOTES. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
Constitutionality     of    legislation    affecting 

party   representation   on   official   ballot. 

35  L.R.A.(N.S.)   353. 
Constitiitionality   of    legislation    restricting 

candidate   to   one   place   on   ballot.     37 

L.R.A.(N.S.)   825. 
Constitutionality     of     provision      limiting 

names  of  candidates  on  official  ballot. 

L.R.A.1915A,  1190. 
Constitutionality   of   statute   providing  for 

election  of  judicial  officers  by  separate 

ballot.     44  ■l.R.A.(N.S.)   712. 

9   7  7.  —voting  machine. 

Use  of  voting  machine  as  violation  of  con- 
stitutional requirement  that  all  elec- 
tions shall  be  by  ballot.  7  L.R.A.(N.S.) 
621;  24  L.R.A.(N.S.)    188. 

§   78.  —primary  elections. 

Constitutionality  of  primary  election  laws. 

22  L.R.A.(N.S.)   1136;  41  L.R.A.(N.S.) 

132;  L.R.A.1917A,  259. 
Constitutionality    of    statute    imposing   fee 

for    filing   nominations.      L.R.A.1915B, 

197. 

§   70.  Flectric  companies. 

Police  regulation  of  electric  companies.     31 

L.R.A.  804. 
Privilege  of  using  streets  for  electric  light 

poles    and    wires,    etc.,   as   a   contract. 

L.R.A.1918E,  907. 

§  80.  Elevators. 

Validity     of     regulations     concerning.     42 

L.R.A.  (N.S.)   899. 
Legislative    power    to    fix    tolls,    rates,    or 

prices.     33  L.R.A.  178. 

§   81.  Eminent  domain. 

Constitutionality  of  statute  authorizing  tak- 
ing of  more  property  than  is  intended 
to  be  used  to  effect  public  purpose.  46 
L.R.A.  (N.S.)    1196. 

g   82.  Employers  and  employees. 

As  to  convict  labor,  see  supra,  §  61. 

As  to  employment  agencies,  see  infra,  §  88. 

Constitutionality  of  statutes  affecting  re- 
lation generally,  see  Masteb  and  Serv- 
ant, §  10. 

Prohibiting  or  restricting  employment  of 
aliens.     L.R.A.1916D,  569. 

Constitutionality  of  statute  requiring  pre- 
liminary apprenticeship  or  experience 
for  railroad  employees.  L.R.A.1915D, 
677. 

Who  may  raise  question  that  employers' 
liability  law  involves  unconstitutional 
discrimination.     32    L.R.A.(N.S.)     958. 

Constitutionality  of  workmen's  compensa- 
tion and  industrial  insurance  statutes. 
L.R.A.1916A,  409;  L.R.A.1917D,  51. 

Constitutionality  of  Federal  employers'  lia- 
bility act.  47  L.R.A. (N.S.)  38;  L.R.A. 
1915C,  47. 

Validity  of  statute  abrogating  fellow-serv- 
ant rule.  12  L.R.A.{N.S.)  1040;  47 
L.R.A.(N.S.)    84. 

Constitutionality  of  statute  rendering  mas- 
ter liable  for  injury  to  servant,  irre- 
spective of  negligence.  34  L.R.A. 
(N.S.)    162. 

Begin  uHth  this  boolc  on  every  law  grtiestion. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 

Validity  of  statutes  and  ordinances  for  pro- 
tection or  comfort  of  street  car  oper- 
atives.    42  L.R.A. (N.S.)    1060. 

Constitutionality  of  full  crew  acts.  49 
L.R.A.  (N.S.)    978. 

Statute  requiring  mine  owner  or  operator 
to  furnish  wash  rooms  or  similar  con- 
veniences for  employees.  L.R.A.1915B, 
420. 

Constitutionality  of  statute  requiring  one 
advertising  for  help  during  strike  to 
mention  its  existence.  49  L.R.A.  (N.S.) 
879. 

Constitutionality  of  statute  restricting  rem- 
edv  by  injunction  in  labor  disputes. 
L.R.A.1916F,  836. 

Constitutionality  of  statutes  restricting 
right  of  employer  to  discharge  em- 
ployee.    L.R.A.1917B,  1122. 

Constitutionality  of  statutes  requiring  the 
employer  to  furnish  a  discharged  em- 
ployee with  a  statement  of  the  cause  of 
his   discharge.      L.R.A.1917B,    1115. 

§  83.  —  children  and  women  employ- 
ees. 

See  Master  and  Servant,  §  12. 

§   84.  — affecting  right  to  contract. 

See  Master  and  Servant,  §  11. 

§   85.  —hours  of  labor. 

See  Master  and  Servant,  §  33. 

§86.  —wages. 

See  Master  and  Servant,  §§  30,  31.     ^ 

§   8  7.  -labor  organizations. 

Constitutionality  of  statutes  forbidding  em- 
ployer to  exact  an  agreement  from  em- 
ployee not  to  join  labor  union.  7  L.R.A. 
(N'.S.)  282;  L.R.A.1915C,  960.     ' 

Right  of  municipality  or  other  public  body 
to  discriminate  in  favor  of  organized 
labor.  23  L.R.A. (N.S.J  815;  52  L.R.A. 
(N.S.)   728. 

Exempting  wasje  earners  from  anti-trust 
laws.     52   L.R.A.(N.S.)    525. 

Constitutionality  of  statute  restricting  rem- 
edy by  injunction  in  labor  disputes. 
L.R.A.1916F,  836. 

Constitutionality  of  statutes  for  protection 
of  union  labels.     39  L.R.A. (N.S.)    1199. 

Validity  of  statute  or  ordinance  against 
picketing.    L.R.A.1918C,  282. 

§   88.  Employment  agencies. 

Police  power  to  license  employment  agen- 
cies. 2  L.R.A.(N.S.)  859;  21  L.R.A. 
(N.S.)   263;  L.R.A.1916E,  1150. 

Constitutionality  of  statute  forbidding  tak- 
ing of  fee  for  securing  employment  for 
another.    L.R.A.1917B,  1280. 

§   89.  Esthetics. 

Exercise  of  police  power  for  esthetic  pur- 
poses. 34  L.R.A. (N.S.)  998;  L.R.A. 
191 7  A,  1220. 

§   90.  Exemptions. 

Application  to  existing  judgments  of  stat- 
ute abolishing  or  diminishing  exemp- 
tions.    25  L.R.A. (N.S.)    189. 


INDEX  TO  L.R.A.  NOTES. 


239 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§   91.  Firemen. 

Validity  of  law  imposing  tax  on  insurance 
companies  for  benefit  of  firemen.  13 
L.R.A.(N.S.)    1147. 

^   92.  Fish  and  game  laws. 

Legislative    grants    of    right    to    fish.     60 

L.R.A.  490. 
■Constitutionality    of    governmental    control 

over  right  of  fishery.     39  L.R.A.  591. 
Prohibition    or    regulation    of    fishing    over 

private  land.    L.R.A.1916E,  523. 
Extension  of  regulation  as  to  shell  fishing, 

to  private  bed.     12  L.R.A.  (N.S.)    869; 

L.R.A.1918E,  111. 
Confiscation  of  nets  found   in    illegal    use. 

3  L.R.A.(N.S.)   997. 
Statutory  prohibition  of  pollution  of  vpater 

to     protect     fishery.     34    L.R.A.  (N.S.) 

286. 
Discrimination   as  to  waters  in  legislation 

restricting  or  regulating  fishing  rights. 

41  L.R.A. (N.S.)   469. 
What  discrimination  as  to  persons  is  per- 
missible.   26  L.R.A. (N.S.)   794. 
Forbidding     possession     of     game     during 

closed  season.     3  L.R.A. (N.S.)    163. 
Power  to  prohibit  sale,  by  person  lawfully 

in  possession,  of  game  taken  within  the 

state.     21  L.R.A.(N.S.)   608. 
Constitutionality  of  the  "migratory  birds" 

provision    in    the    act    of    Congress    of 

March  4,  1913.    L.R.A.1915F,  1031. 
"Constitutionality  of  game  laws  as  affected 

by  the  fact  that  game  protected  is  de- 
structive of  private  property.     L.R.A. 

1918C,  404. 

§   93.  Flag. 

Statutes    against     desecration    of    flag.     7 

L.R.A.  (N.S.)    1079. 

§   94.  Food  and  drink. 

Water  supply,  see  infra,  §  174. 
Intoxicating  liquors,  see  infra,  §  109. 

Legislative  power  to  fix  tolls,  rates,  or 
prices.     33  L.R.A.  181. 

Regulation  of  price  of  food  as  valid  exer- 
cise of  the  war  power.     7  B.  R.  C.  663 

Validity  of  statute  or  ordinance  for  destruc- 
tion of  food  products  below  prescribed 
standard  or  unfit  for  use.  29  L.R.A. 
(N.S.)   260. 

Constitutionality  of  discriminations  in  stat- 
utory regulations  concerning  food 
products.     34  L.R.A. (N.S.)   650. 

Validity  of  regulations  as  to  weight  of  loaf 
of  bread.     44  L.R.A.(N.S.)   632. 

Constitutionality  of  statutes  in  relation  to 
vinegar.     49  L.R.A.  (N.S.)    1206. 

Regulations  affecting  ice  cream.  L.R.A. 
1917B,  207. 

Constitutionality  of  statute  requiring  an- 
nouncement that  article  is  imported. 
L.R.A.1916E,   1186. 

Power  to  prescribe  the  manner  or  method 
of  determining  quantity  or  amount  of 
commodity.     L.R.A.1916E,  379. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§   95.  —milk. 

Validity  of  regulations  as  to  milk.     L.R.A. 
1917C,  243. 
Discriminations.     34  L.R.A. (N.S.)  650; 

L.R.A.1917C,   244. 
Requiring      license.      1      L.R.A.  (N.S.) 
936;  27  L.R.A.(N.S.)   1151;  L.R.A 
1917C,  245. 
Regulations    affecting   quality.      L.R.A. 
1917C,  246. 
Prescribing     standard.     1     L.R.A.. 
(N.S.)   918;  L.R.A.1917C,  246. 
Destruction   of   milk   below   stand- 
ard.    L.R.A.1917C,  247. 
Adulteration.         1       L.R.A.  (N.S.) 
928;    L.R.A.1917C,  248. 
Tests    or    analyses.      1    L.R.A.  (N.S.) 

926;    L.R.A.1917C,  249. 
Regulations   affecting  the   handling  or 
transportation  of  milk.   L.R.A. 
1917C,  250. 
Prohibiting  sale  of  milk  except  in 
bottles.     33  L.R.A.(N.S.)  401; 
L.R.A.1917C,  252. 
Regulations  as  to  herds.    L.R.A.1917C, 
253. 
Infected    milch    cattle    and    tuber- 
culin   test.      43    L.R.A.  (N.S.) 
1072;  L.R.A.1917C,  254. 
Food,  for    milch    cows.     1    L.R.A. 
(N.S.)    932. 
Requiring  that  samples  of  milk  be  given 

to  inspectors.    L.R.A.1917C,  256. 
Inspection  fees.     L.R.A.1917C,  266. 

§   9  6.  —soft  drinks. 

See  Intoxicating  Liquobs,  §  4. 

§   9  7.  Gambling  device.    , 

Gambling  device  as  property  within  consti- 
tutional protection.  12  L.R.A.  (N.S.) 
394. 

§   98.  Game  laws. 

See  supra,  §  92. 

§   99.  Garage. 

Prohibition  or  regulation  of.  L.R.A.1915D, 
603. 

§   100.  Gas. 

Privilege  of  using  streets  for  gas  pipes  as 
a  contract  within  rule  against  impair- 
ing obligation  of  contracts.  50  L.R.A. 
146;  L.R.A.1918E,  908. 

Validity  of  statute  or  ordinance  making 
property  or  property  owner  liable  "for 
light  furnished  tenant.  L.R.A.1918D, 
364. 

§   101.  Habitual  drunkards. 

See  infra,  §   106., 

§   102.  Health. 

Protection  of  health  of  employees.  32 
L.R.A.  853. 

Power  of  licaltli  authority  to  require  alter- 
ation on  private  property  in  a  par- 
ticular manner  to  abate  nuisance  en- 
dangering public  health.  24  L.R.A. 
(N.S.)   241. 


240 


INDEX  TO  L.E.A.  NOTES. 


OONSTirUTIONAL  LAW,  IX.  k,  1— cont'd 
Constitutionality  of  laws  prohibiting  carry- 
ing on  of  employments  or  occupations 
npon  certain  premises.  44  L.R.A, 
(N.S.)  46. 
Prohibition  or  regulation  of  the  manu- 
facture, sale,  or  importation  of  tobacco. 
L.R.A.1918B,  988. 

§   108.  Highways. 

As  to  automobiles,  see  supra,  §  47. 
Regulation  of  use  of  jitney  busses  on,  see 
infra,  §  110. 

State  or  municipal  regulations  affecting 
those  engaged  in  handling  United  States 
mails.     L.R.A.1918C,  940. 

Power  of  municipality  to  prohibit  loitering 
on  public  street.     15  L.R.A.(N.S.)  973. 

Validity  of  enactments  restricting  use  of 
highways  by  bicyclists.     47  L.R.A.  290. 

Privilege  of  using  streets  as  a  contract. 
50  L.R.A.142;  L.R.A.1918E,  892. 

Validity  of  statutes  or  ordinances  regu- 
lating horse  drawn  vehicles  in  city 
streets.     31  L.R.A. (N.S.)    682. 

Constitutionality  of  statute  allowing  cattle 
to  graze  on  highway.  33  L.R.A. (N.S.) 
10.5.5. 

Forbidding  or  restricting  teaming  on  cer- 
tain public  ways.  51  L.R.A. (N.S.) 
1203. 

Compelling  occupant  or  owner  of  property 
bordering  on  public  street  to  remove 
anow  and  ice  from  sidewalks.  L.R.A. 
1918D,  1019. 

Power  to  require  railroad  to  construct  side- 
walk across  its  tracks  or  right  of  way. 
L.R.A.1918D,  1157. 

§   104.  Horse  racing. 

Power  of  state  to  prohibit  or  regulate  horse 
'    racing.    25  L.RJi.(N.S.)  905. 

g   105.  Imported  articles. 

Constitutionality  of  statute  requiring  an- 
nouncement that  article  is  imported. 
L.R.A.1916E,  1186. 

§   lOe.  Inebriates. 

Validity  of  statute  providing  for  governmen- 
tal assistance  of.    7  L.R.A. (N.S.)  1196. 

Validity  of  statute  providing  for  commit- 
ment of  inebriates,  without  their  con- 
sent, to  private  or  public  institution. 
17  L.R.A.(N.S.)    984. 

S  lOea.  Incompetent  persons. 

Power  of  state  to  make  estate  of  person  com- 
mitted to  insane  asylum,  or  his  rela- 
tives, liable  for  cost  of  his  maintenance 
therein.     24  L.R.A.(N.S.)  295. 

g   107.  Insurance. 

Fire  insurance  as  a  business  affected  by  pub- 
lic interest.  29  LJLA.(N.S.)  1195; 
L.RJ^.19]5C,  1189. 

Power  of  legislature  to  regulate  life  insur- 
ance rates.    37  L.R.A.(N.S.)  778. 

Constitutionality  of  compulsory  industrial 
insurance.     37  L.R.A. (N.S.)  466. 

Begin  tcith  this  boolc  on  every  law  question. 


CONSTI'IUTIONAL  LAW,  IX.  k,  1— cont  d 

Validity  of  law  imposing  tax  on  insurance 
companies  for  benefit  of  firemen.  13- 
L.R.A.(N.S.)  1147. 

Power  of  legislature  to  forbid  defense  of 
suicide  in  life  insurance.  31  L.R.A. 
(N.S.)    831. 

Effect  of  legislation  limiting  cost  of  new  in- 
surance on  existing  contracts  with 
agents.     19  L.R.A.(N.S.)   946. 

Constitutionality  of  statute  denying  insur- 
er's right  of  subrogation  against  person 
responsible  for  destruction  of  property. 
41  L.R.A.(N.S.)    1202. 

§   108.  Interest;   usury. 

Constitutionality  of  statutory  discrimina- 
tion as  to  interest  rates.  2  L.R.A. 
(N.S.)   813;  27  L.R.A.(N.S.)   898. 

Impairment  of  obligation  of  contracts  by 
change  of  interest  on  judgments.  17 
L.R.A.  612. 

Constitut'onality  of  statutes  exempting 
building  and  loan  associations  from 
general  usury  laws.  26  L.R.A. (N.S.) 
1135. 

Power  of  legislature  to  restrict  fees  in  con- 
nection with  loans.  11  L.R.A. (N.S.) 
175. 

Power  to  make  taking  of  usury  a  criminal 
offense.     3  L.R.A. (N.S.)   530. 

§    109.  Intoxicating  liquors;  saloons. 

Prohibition  and  regulation  of,  generally,  see 
Intoxicating  Liquors,  §§  2-8. 

Constitutionality  of  prohibition,  see  In- 
toxicating Liquors,  §§  3,  4. 

As  to  excl'ision  from  sa?oons,  see  Intoxi- 
cating Liquors,  §  6. 

Of  local  option  laws,  see  Intoxicattno  Li- 
quors, §  8a. 

Of  provisions  as  to  licenses,  see  Intoxicat- 
ing Liquors,  §§  13a,  14. 

As  to  revocation  of  license,  see  Intoxicat- 
ing Liquors,  §  15a. 

g   110.  Jitney  buses. 

Constitutionality  of  regulation  of  jitney 
buses.  L.R.A.1915F,  842;  L.R.A.1918B, 
912;   L.R.A.1918F,  475. 

g  111.  Junk  dealers,  etc. 

Municipal  control  over,  see  Mttnicipai, 
Corporations,  §  28. 

Power  to  regulate  traffic  in  rags,  second- 
hand articles  and  junk.  32  L.R.A.  116; 
24  L.R.A. (N.S.)    1168. 

Statute  making  receiving  of  certain  kinds 
of  property  a  criminal  offense.  L.R.A. 
1917F,  709. 

Validity  of  statute  making  possession  of 
certain  marked  articles  presumptive 
evidence  of  unlawful  traffic  therein. 
L.R.A.1915C,  734. 

g   112.  Juvenile  offenders. 

See  supra,  §  57. 

g    113.  Labels. 

Police  regulations  as  to  branding  or  label- 
ing articles  of  commerce.  1  L.R.A. 
(N.S.)   184:  17  L.R.A. (N.S.)   684. 


g    113a.  Labor  organizations. 

See  supra,  §  87. 


INDEX  TO  L.K.A.  NOTES. 


241 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§   114.  lilens. 

Mechanics'  liens,  see  infra,  §  120. 

Constitutionality  of  statute  making  license, 
occupation,  or  privilege  tax  a  lien  on 
real  property  owned  by  one  other  than 
person   assessed.     20   L.R.A.(N.S.)    42. 

Validity  of  statute  or  ordinance  making 
property  or  property  owner  liable  for 
water  or  light  furnished  tenant. 
L.R.A.3918D,  364. 

Constitutionality  of  statutes  giving  lien  on 
automobile  for  injuries  done  by  it. 
L.R.A.1917E,  928. 

§    115.  liights. 

Validity  of  statute  holding  property  of 
owner  liable  for  light  furnished  tenant. 
6  L.R.A.(N.S.)   198;  L.R.A.1918D,  364. 

Privilege  of  using  street  for  electric  light 
poles  and  wires  as  a  contract  within 
rule  against  impairing  obligation.  50 
L.R.A.  147. 

§    116.  Logs. 

Legislative    power    to    fix    tolls,    rates,    or 

prices  for  care  or  salvage  of  logs.     33 

L.R.A.  182. 

§    117.  Low  lands. 

Power  to  fill  low  lands  at  expense  of  owner. 
30  L.R.A.(N.S.)   709. 

§    118.  Marriage. 

Power  to  turlun  marriage.  2  L.R.A.(N.S.) 
531;   52  L.R.A.(N.S.)    778. 

§    119.  Master  and  servant. 

See  supra,  §§  82-87. 

§   120.  Mechanics'    liens. 

See  Mechanics'  Liens,  §§  2,  3. 

§   121.  Moneylenders. 

Validity  of  statute  or  ordinance  requiring 
persons  engaged  in  the  business  of  loan- 
ing money  on  chattel  security  or  se- 
curity of  wages  to  file  a  record  of  loans 
made.    25  L.R.A.(N.S.)  686. 

Validity  of  legislation  respecting  lenders  of 
money  based  upon  classification  relating 
to  the  nature  of  the  security  taken.  11 
L.R.A.(N.S.)  635. 

Validity  of  license  upon  business  of  lending 
money  as  affected  by  excessive  amount 
of  the  license  fee.    25  L.R.A.{N.S.)  583. 

§    12  2.  Mortgages. 

Statute  extending  mortgagor's  right  of  pos- 
session on  foreclosure  of  pre-existing 
mortgages  as  impairing  obligation  of 
contracts.    31  L.R.A.  721. 


§    123.  Moving  pictures. 

Constitutionalitv  of  moving  picture  censor- 
ship  acts,   L.R.A.1916C,   228. 

Power  of  state  to  determine  location  of. 
L.R.A.1916D,  99. 

Consult  al^o  L.R.A.  Digests  of  Cases.    16 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§    124.  Municipal   corporations;    coun- 
ties. 

Delegation    of   power    to    municipality,    see 

supra,  §  15. 
Local  self-government  of  municipalities,  see 
supra,  §  21. 

Constitutionality  of  commission  form  of 
government  for  municipalities.  41 
L.R.A.(N.S.)  Ill;  51  L.R.A.(N.S.) 
632;   L.R.A,1917A,  1260. 

Vested  right  of  municipal  corporation  in 
defense  of  statute  of  limitations.  27 
L.R.A.  (N.S.)    1188. 

Constitutionality  of  retroactive  statute 
creating  right  of  action  against.  52 
L.R.A.  940. 

Power  of  legislature  to  require  municipality 
to  pension  employees.  34  L.R.A. (N.S.) 
608. 

Power  of  legislature  to  impose  burdens 
upon  municipalities  and  to  control 
their  local  administration  and  prop- 
erty.    48  L.R.A.  465. 

Power  of  legislature  to  compel  payment  by 
municipal  corporations  of  nonlegal  de- 
mands. 48  L.R.A.  473;  L.R.A.1915D, 
927. 

Authority  of  legislature  to  remove  munici- 
pality from  trusteeship.  13  L.R.A. 
217;*  16  L.R.A.  695. 

Constitutionality  of  legislation  relieving 
municipalities,  counties,  or  towns,  from 
liability  for  defects  in  highway,  street,. 
or  sidewalk.     42  L.R.A. (N.S.)    493. 

Power  to  authorize  counties  or  other  politi- 
cal divisions  to  build  or  acquire  rail- 
road or  street  railway  as  affected  by 
limitations  or  restrictions  on  power  to 
aid  private  enterprises.  28  L.R.A. 
(N.S.)  412. 

§   125.  —  annexation  to. 

Extending  boundaries  of  municipality.  27 
L.R.A.  741. 

Annexation  of  territory  to  municipality  as 
taking  property  without  due  process  of 
law.     27  L.R.A.  741. 

Discrimination  between  resident  or  prop- 
erty owner  within  a  territory  annexed 
as  to  right  to  defend  against  annexation 
to  municipality.     17  L.R.A.(N.S.)   421. 

§   12  6.  Natural  resources. 

Conservation  of,  see  supra,  §  60, 

§   12  7.  Nonresidents. 

Aliens,  see  supra,  §  40. 

Discrimination  in  favor  of  residents  in 
transfer  of  property  out  of  state  by 
bankruptcy  or  insolvency  proceedings. 
23  L.R.A.  37. 

Discrimination  against,  in  imposing  license 
or  occupation  tax.  16  L.R.A.  49;  40 
L.R.A.(N.S.)   279. 

Discrimination  between  resident  and  non- 
resident creditors  of  insolvent.  65 
L.R.A.  354,  368. 


242 


INDEX  TO  L.R.A.  NOTES. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
Constitutionality  of  discrimination  in  statu- 
tory    regulations     as     to     nonresident 
dealers    in    food   products.      34   L.R.A. 
{N.S.)   663. 

§   128.  Nuisances. 

Municipal  control  of  nuisances,  see  Munici- 
pal  COBPORATIONS,   §§    34-41. 

Municipal  authority  as  defense  to  liability 
for  nuisance,  see  Nuisances,  §  27. 

Legislative  authority  as  defense  to  liability 
for  nuisance,  see  Nuisances,  §§  28,  29. 

Constitutionality  of  statutes  expressly 
granting  power  to  create  nuisance.  1 
L.R.A.(N.S.)  115. 

Power  of  health  authorities  to  require  alter- 
ation on  private  property  in  particular 
manner  to  abate  nuisance  endangering 
public  health.    24  L.R.A.(N.S.)  241. 

§   120.  Officers. 

As  to  bonds  of,  see  supra,  §  61a. 
Civil  service  laws,  see  supra,  §  59. 

Equal  privileges  and  immunities  as  to  right 
to  hold  oflice.     14  L.R.A.  580. 

Policeman  or  fireman  as  an  officer  with- 
in constitutional  provisions.  36  L.R.A. 
(N.S.)    883. 

Constitutionality  of  statute  regulating  ap- 
pointment to  public  office  with  refer- 
ence to  party  affiliation.  27  L.R.A. 
(N.S.)  720. 

Constitutionality  of  provision  for  testing 
election  of  city  officer  before  city  coun- 
cil or  other  municipal  body.  26  L.R.A. 
(N.S.)   210. 

Constitutionality  of  statute  making  resi- 
dence within  the  district  a  qualifica- 
tion of  a  public  officer.  32  L.R.A. 
(N.S.)   835. 

Power  of  legislature  to  add  to  or  vary  the 
constitutional  method  of  selecting 
judges.    L.R.A.1916E,  834. 

Applicability  to  noneonstitutional  officer  of 
constitutional  provision  against  in- 
crease of  salary  of  officer  during  term. 
26  L.R.A. (N.S.)    289. 

Provision  for  compensation  of  additional 
deputy  or  assistant  as  violation  of  con- 
stitutional inhibition  of  increase  of  of- 
ficer's salary  during  term.  L.R.A. 
1918C,  561. 

Power  of  legislature  to  extend  term  of  office 
beyond  that  fixed  by  the  constitution.  3 
L.R.A.(N.S.)  886;  L.R.A.19150,  378; 
•Constitutionality  of  statute  releasing  pub- 
lic officer  or  his  sureties  from  liability 
for  loss  of  public  fund.  41  L.R.A. 
(N.S.)    97. 

Constitutionality 
government. 
L.R.A.(N.S.) 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§    130.  Orchards,  trees,  or  crops. 

Constitutionality  of  statutory  regulations 
as  to  infected  orcliards,  trees,  or  crops. 
43  L.R.A.(N.S.)  1081;  L.R.A.1915F, 
894. 

§    131.  Parks  and  squares. 

Power  of  legislature  to  control  use  to  which 
property  taken  for  purposes  of  a  park 
or  square  may  be  used.  27  L.R.A. 
(N.S.)  938. 


of    commission    form    of 

41  L.R.A.(N.S.)    Ill;  51 

632;    L.R.A.1917A,   1260. 

Constitutionality  of   recall  of  officers.     50 

L.R.A.(N.S.)    227;    L.R.A.1916D,   1103. 

Constitutionality   of   statute    providing   for 

removal  of  officer  for  drunkenness,     50 

L.R.A. (N.S.)    913. 

Begin  with  this  hooU  on  every  law  question. 


§    132.  Party  wall. 

Constitutionality    of    party 
67  L.R.A.  710. 


wall    statutes. 


§   133.  Patents. 

Police  regulation  of  business  in  which  pat- 
ents are  used.     29  L.R.A.  791. 

§   134.  Pawnbrokers. 

Constitutionality  of  statute  limiting  hours 
of  pawnbrokers'  business.  44  L.R.A. 
(N.S.)    1039. 

§   135.  Peddlers;  hawkers. 

As  affected  by  commerce  clause,  see  Com- 
merce, §  18. 

Right  to  discriminate  between  harmless 
articles  in  legislation  regulating  ped- 
dlers. 21  L.R.A. (N.S.)  349;  35  L.R.A. 
(N.S.)   1079;  L.R.A.1918B,  853. 

Validity  of  ordinance  regulating  conduct  of 
licensed  street  hucksters  or  peddlers. 
8  L.R.A. (N.S.)   304. 

Validity  of  license  or  occupation  tax  on 
hawkers  and  peddlers  and  persons  en- 
gaged in  soliciting  orders  by  sample  or 
otherwise.  19  L.R.A.(N.S.)  301-  28 
L.R.A.  (N.S.)  265;  35  L.R.A.(N.S.) 
1074. 

§   136.  Penalties. 

Excessive  penalty  as  denial  of  due  process 
of    law.      46    L.R.A. (N.S.)     1039. 

Exaction  of  penalties  for  acts  done  under 
supposed  sanction  of  law  as  violation 
of  due  process  of  law.  L.R.A.1916A, 
121L 

§   13  7.  Plumbers. 

Constitutionality  of  statute  requiring 
plumbers  to  be  licensed.  5  L.R.A.  (N.S.) 
674;  8  L.R.A.  (N.S.)  1116;  27  L.R.A. 
(N.S.)  283;  50L.R.A.(N.S.)  421. 

§   138.  Poisons. 

Constitutionality  of  statute  prohibiting  or 
regulating  sale  of  poisons.  30  L.R.A. 
(N.S.)   519. 

§    139.  Prizes. 

Constitutionality  of  statute  requiring  prizes 
or  other  inducements  to  attract  traJe  to 
be  paid  in  cash.    41  L.R.A.(N.S.)  1041. 

§   140.  Public  contracts. 

Constitutionality  of  statutes  requiring  work 
incident  to  public  contract  to  be  done  in 
the  state  or  a  local  division  thereof. 
41L.R.A.(N.S.)  711. 


INDEX  TO  L.K.A.  NOTES. 


243 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
Prohibiting    or    restricting    employment    of 
aliens  on.     L.R.A.1916D,  569. 

§    141.  Public  improvements. 

Assessments  for,  see  supra,  §  43. 

§   141a.  Race  segregation. 

Validity  of  segregation  statute  or  ordinance 
prohibiting  persons  of  different  race 
or  color  from  living  in  same  locality. 
L.R.A.1918C,  220. 

§    142.  Railroads. 

As  carriers,  see  supra,  §  56. 
Street  railways,  see  infra,  §  150. 

Power  to  prevent  consolidation  of  parallel 
or  competing  railroads.     45  L.R.A.  272. 

Privilege  of  using  streets  for  railroad  tracks 
as  a  contract  within  rule  against  im- 
pairing obligation  of  contracts.  50 
L.R.A.  143;  L.R.A.1918E,  904. 

Power  to  require  railroad  to  construct  side- 
walk across  its  tracks  or  right  of  way. 
L.R.A.1918D,  1157. 

Constitutionality  of  statutes  requiring  rail- 
road company  to  fence  tracks  and 
build  cattle  guards.  31  L.R.A. (N.S.) 
861. 

Constitutionality  of  statutes  making  rail- 
road companies  absolutely  liable 
for  damage  by  fires  set  out  by 
them  or  for  stock  killed  by 
them,  irrespective  of  negligence. 
25  L.R.A.  161;  35  L.R.A.  1016. 

Power  to  require  railroad  to  establish  or 
maintain  at  its  own  expense  an  over- 
head or  underground  crossing  where 
street  was  open  subsequently  to  con- 
struction of  railroad.  28  L.R.A. (N.S.) 
298. 

Power  to  authorize  counties  or  other  politi- 
cal divisions  to  build  or  acquire  rail- 
road as  affected  by  limitations  or  re- 
strictions on  power  to  aid  private  enter- 
prises.    28  L.R.A. (N.S.)    412. 

Constitutionality  of  statute  conferring 
power  of  eminent  domain  on  private 
person  or  corporation  other  than  rail- 
road company  for  spur  or  lateral  track. 
35    L.R.A. (N.S.)     646. 

Constitutionality  of  statute  imposing  pen- 
alty or  added  liability  for  failure  to 
pay  claim.  42  L.R.A.(N.S.)  102; 
L.R.A.1917B,  929.  * 

§  148.  Rates  of  public  service  corpo- 
rations. 

Regulation  of  carrier's  rates  by  government, 

see   CARRIER.S,   V.  c. 

Regulation  of  rates  of  public  service  cor- 
porations generally,  see  Public  Serv- 
ice Corporations,  §  2. 

Regulation  of  water  rates,  see  Waters,  § 

121. 

Legislative    power    to    fix    tolls,    rates,    or 

prices.     33  L.R.A.  177. 
Power  of  legislature  to  regulate  life  insur- 
ance rates.    37  L.R.A.  (N.S.)  77S. 
•Consult  also  L.R.A.  Digests  of  Cases. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 

Kinds  of  business  affected  with  a  public  in- 
terest subjecting  them  to  regulation  and 
control  in  respect  to  rates  or  prices. 
6  L.R.A. (N.S.)   834. 

Power  of  legislature  to  delegate  to  commis- 
sion the  right  to  fix  rates  to  be  charged 
by  a  public-service  corporation.  18 
L.R.A. (N.S.)   713. 

Power  of  judiciary  to  fix  rates  to  be  charged 
by  public-service  corporations.  8  L.R.A. 
(N.S.)    529. 

State  regulation  of  rates  of  irrigation  com- 
pany. 12  L.R.A.(N.S.)  711;  L.R.A. 
1915D,  1205. 

Power  of  equity  to  regulate  charges  of  pub- 
lic warehouseman.  24  L.R.A.(N.S.) 
399. 

§   144.  Receptacles. 

Legislation  to  protect  manufacturers  or 
dealers  against  loss  of  receptacles  in 
which  their  products  are  put  up.  14 
L.R.A.  (N.S.)    1128. 

§   145.  Records  and  recording  laws. 

Constitutionality  of  the  Torrens  Law.  L.R.A. 

1916D,  15. 
Constitutionality   of   mortgage  registration 

tax.     L.R.A.1916A,  865. 

§   146.  Religious  societies. 

Validity  of  exemption  from  liability  to  suc- 
cession   tax.      50    L.R.A. (N.S.)     992. 

§    14  7.  Saloons. 

See  supra,  §  109. 

§   148.  Schools. 

As  to  use  of  school  funds,  see  Schools,  §  38. 

Equal  school  privileges.     14  L.R.A.  581. 

Power  to  regulate  or  prohibit  private 
schools.     29  L.R.A. (N.S.)    53. 

Validity  of  statute  giving  nonresident  of 
school  district  right  to  attend  school 
without  charge.    24  L.R.A.(N.S.)   1304. 

Constitutionality  of  statute  providing  for 
transportation  of  pupils  at  public  ex- 
pense.    50  L.R.A. (N.S.)    428. 

Constitutionality  of  Teachers'  Pension  Law. 
L.R.A,1918A,  526. 

§   149.  Sexual  relations. 

Equal  privileges  and  immunities  as  to  sex- 
ual relations.     14  L.R.A.  580. 

§    150.  Street  railroads. 

Impairment  of  obligation  of  contract  as  to 
extent  of  street  railway  company's  lia- 
bility for  paving  assessment.  46  L.R.A. 
203. 

Privilege  of  using  streets  for  street  railway 
track  as  a  contract  within  rule  against 
impairing  obligation  of  contracts.  50 
L.R.A.  143;  L.R.A.1918E,  902. 

Power  to  authorize  counties  or  other  po- 
litical divisions  to  build  or  acquire 
street  railway  as  affected  by  limitations 
or  restrictions  on  power  to  aid  private 
enterprises.     28  L.R.A,(N.S.)    412. 


244 


INDEX  TO  L.R.A.  NOTES. 


CX)NSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§    151.  Subways. 

Privik'ge  of  using  streets  as  subway  as  a 
contract  witliin  rule  against  impairing 
obligation  of.     50  L.R.A.  147. 

g   152.  Sunday  laws. 

Constitutionality  of  Sunday  laws.  22  L.R.A. 
721. 

Validity  of  classification  in  Sunday  law. 
14  L.R.A.(N.S.)  1259;  32  L.R.A.(N.S.) 
1190. 

Special  penalty  for  violation  of  Sunday  clos- 
ing act.    15  L.R.A.  (N.S.)  646, 

g   153.  Support  of  family. 

Constitutionality  of  statute  requiring  hus- 
band on  conviction  of  abandonment  to 
provide  for  support  of  wife  or  family. 
23  L.R.A.(N.S.)  864. 

g   154.  Taxes. 

Assessments   for   public   improvements,   see 

supra,  §  43. 
As  to  license  tax,  see  License,  II. 
Situs  of  property  for  purpose  of  taxation, 

see  Taxes,  III. 
Taxation  of  corporations,  see  Taxes,  §§  11, 

33-39,  45,  46,  67. 
Purposes  for  which  taxes  may  be  levied,  see 

Taxes,  §  13. 

Special  assessment  as  tax.  3  L.R.A.(N.S.) 
837. 

Equal  privileges  and  immunities  as  to  tax- 
ation.   14  L.R.A.  583. 

What  notice  is  necessary  to  due  process  of 
law  in  tax  proceedings.  L.R.A.1916E,  5. 

Fees  as  taxes  within  constitutional  provision 
relating  to  taxation.  1  L.R.A. (N.S.) 
153. 

To  what  boards  or  bodies  may  the  power  of 
taxation  be  delegated.  15  L.R.A.(N.S.) 
61;  32  L.R.A.(N.S.)   1078. 

Increase  in  proportion  of  tax  imposed  on 
property  as  impairment  of  vested 
rights.     8  L.R.A. (N.S.)    546. 

Validity  of  statute  subjecting  to  the  doom 
of  the  assessor  a  tax  payer  who  fails  to 
furnish  a  list  of  his  property.  24 
L.R.A.(N.S.)    388. 

Constitutionality  of  specific  tax  upon 
judgments.     32  L.R.A. (N.S.)   179. 

Constitutionality  of  provision  for  deducting 
debts  from  credits  or  other  property. 
23  L.R.A.  278. 

Constitutionality  of  statute  allowing  deduc- 
tion of  only  assessed  value  of  real  estate 
in  assessing  capital  stock  of  corpora- 
tion.    30  L.R.A. (N.S.)   704. 

Power  of  the  legislature  to  permit  appeal  to 
court  for  purpose  of  reviewing  the 
amount  of  a  tax  assessment,  13  L.K  A 
(N.S.)    716;  L.R.A.1915B,  875. 

Constitutionality  of  statute  giving  priority 
to  claims  for  taxes  against  assets  of 
debtor.     29  L.R.A.  278. 

Change  of  law  as  to  effect  of  tax  certificates 
as  evidence  of  title.  4  L.R.A. (N.S  ) 
1074. 

Constitutionality  of  mortgage  registration 
tax.    L.R.A.1916A,  865. 


Begin  icith  this  book  on  every  law  question. 


CONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
Constitutionality  of  classification  of  miner- 
als  for   purposes   of   taxation.      L.Il.A.. 
1916F,  164. 

g   155.  —succession  tax. 

Constitutionality  of  succession  taxes.  33 
L.R.A.(N.S."')  592;  50  L.R.A.  (N.S.) 
991. 

Power  to  impose  retrospectively.  8  L.R.A» 
(N.S.)   1180;  33  L.R.A.(N.S.)   602. 

Classification  of  inheritance  or  gift,  for 
purposes  of  succession  tax,  on  basis  of 
amount.     6  L.R.A. (N.S.)   732. 

Inheritance  or  succession  tax  on  property 
covered  by  antecedent  power  of  ap- 
pointment.    33  L.R.A. (N.S.)   236, 

Conflict  of  state  and  Federal  powers  in  re- 
spect to  succession  taxes,  33  L.R.A. 
(N.S.)    600, 

Constitutionality  of  tax  or  fees  as  condi- 
tion of  probate,     50  L,R.A.(N,S,)    997. 


g   156.  —income  tax. 

Constitutionality  of  income  tax.  27  L.R.A. 
(N.S.)  864;  L.R.A.1915B,  569. 

g   157.  —poll  tax. 

Constitutionality  of  poll  tax  as  affected  by 

exemptions  therefrom.    13  L.R.A.(N.S.> 

901. 
Power  of  legislature  to  compel  employer  to 

pay    employee's    poll    tax.      9    L.R.A. 

(N.S.)   306. 

g   158.  Telegraphs  and  telephones. 

Privileges  of  using  streets  for  telegraph 
and  telephone  line  as  a  contract.  50 
L.R.A.  146;  L.R.A.1918E,  906. 

Legislative  power  to  fix  rates,  tolls,  or 
prices.    33  L.R.A.  181. 

Constitutionality  of  statutes  permitting  re- 
covery for  mental  anguish  in  telegraph 
cases.     49  L.R.A.(N.S.)    337. 


g   150.  Tickets. 

Constitutionality  of  anti-scalping  legisla- 
tion. 3  L.R.A. (N.S.)  558;  4  L.R.A. 
(N.S.)   480. 

Validity  of  legislation  forbidding  specula- 
tion in  theater  tickets.  5  L.R.A. (N.S.) 
183;  L.R.A.1918D,  388. 

Power  to  restrict  business  in  case  of  ticket 
brokers. 


g   160.  Tobacco. 

Constitutionality  of  prohibition  or  regula- 
tion of  manufacture,  sale,  or  importa- 
tion of  tobacco.     L.R.A.1918B,  988. 

Power  to  prohibit. or  restrict  use  of  tobac- 
co.    51  L.R.A.(N.S.)    562. 

g   161.  Torrens  Law. 

See  supra,  §  145. 

g   162.  Trademarks. 

Validity  of  penal  statute  to  protect  trade- 
marks.    25  L,R.A.(N.S.)    473. 


INDEX  TO  L.E.A.  NOTES. 


245 


OONSTITUTIONAL  LAW,  IX.  k,  1— cont'd 
§    163.  Trading   stamps. 

Forbidding  or  regulating  use  of  trading 
stamps.  2  L,R.A.(N.S.)  588;  7  L.R.A. 
(N.S.)  1131;  30  L.R.A.(N.S.)  957;  49 
L.R.A.(N.S.)  1123;  L.R.A.1917A,  433; 
L.R.A.1918B.  383. 

§    164.  Traveling. 

Equal  privileges  and  immunities  as  to.  14 
L.R.A.   580. 

§    165.  Trees. 
See  supra,  §  130. 

§    166.   Trusts. 

Constitutionality  of  statute  subjecting 
spendthrift  trusts  to  debts.  40  L.R.A. 
(N.S.)   1215. 

§   167.  Undertalcers. 

Constitutionality  of  restriction  on  business 
of  undertaking.    23  L.R.A.(N.S.)  147. 

%   168.  Union  labels. 

See  supra,  §  87. 

§    169.  Usury. 

See  supra,  §  108. 

§   17  0.  Vermin. 

Constitutionality  of  statutes  or  ordinances 
for  extermination  of  vermin.  L.R.A. 
1916A,  1239. 

§   171.  Vital  statistics. 

Constitutionality  of  statutes  in  relation  to 
vital  statistics.     39  L.R.A. (N.S.)   1015. 

§   171a.  War. 

Internment  of  naturalized  citizens.  7  B. 
R.  C.  772. 

Regulation  of  price  of  food  as  valid  exer- 
cise of  the  war  power.    7  B.  R.  C.  663. 

§    17  2.  Warehousemen. 

Legislative  power  to  fix  tolls,  rates,  or 
prices.    33  L.R.A.  178. 

Power  of  equity  to  regulate  charges  of  pub- 
lic warehouseman.  24  L.R.A.  (N.S.) 
399. 

■§   178.  Water  rights  generally. 

Laws  as  to  fishing,  see  supra,  §  92. 

Legislative  authority  to  dam  back  water  of 
stream.     59   L.R.A.  823. 

Power  over  right  of  way  on  shore.  4  L.R.A. 
(N.S.)  881. 

Effect  of  constitutional  provision  asserting 
title  to  navigable  water  upon  vested  ri- 
parian rights.    6  L.R.A. (N.S.)  257. 

§   174.  Water  supply. 

Privilege  of  using  streets  for  'waterpipes 
and  mains  as  a  contract.  50  L.R.A. 
145;   L.R.A.1918E,  905. 

Validity  of  statute  or  ordinance  holding 
property  owner  liable  for  water  fur- 
nished tenant.  6  L.R.A.(N.S.)  198; 
L.R.A.1918D,  364. 

Consult  also  L.R.A.  Digests  of  Cases. 


OQNSTITUTIONAL  LAW,  IX.  k,  1— conVd 
Power  to  forbid  pollution  of  stream  tiom 
which  municipal  water  supply  is  taken. 
7  L.R.A.(N.S.)  321;  11  L.R.A. (N.S.) 
1164;  L.R.A.1918E,  954. 
Power  of  state  or  liealtli  authorities  to  for- 
bid the  use  of  a  polluted  water  supply. 
23  L.R.A. (N.S.)   766. 

§175.  Weeds. 

Validity  of  statutes  in  relation  to  noxious 
weeds.    43  L.R.A. (N.S.)   1090. 

§   176.  Weights  and  measures. 

Validity  of  regulations  as  to  weight  of 
loaf  of  bread.     44  L.R.A. (N.S.)   632. 

Validity  of  statute  or  ordinance  for  the 
settlement  of  weights  as  between  buyer 
and  seller  by  public  weigher.  51  L.R.A. 
(N.S.)  731, 

Power  to  prescribe  the  manner  or  method 
of  determining  quantity  or  amount  of 
commodity.      L.R.A.1916E,    379. 

Power  to  require  weight  of  package  to  be 
indicated  upon  it.  17  L.R.A. (N.S.) 
684. 

§17  7.  Women. 

As  employees,  see  Master  and  Servant, 
§  12. 

Discrimination  against  women  in  police 
regulations.     49  L.R.A.  111. 

Power  to  exclude,  from  saloons.  18  L.R.A. 
(N.S.)  657. 

Who  may  raise  objection  that  statute  con- 
tains unconstitutional  discrimination 
against  women.     32  L.R.A. (N.S.)    960. 

2.  Remedies  and  procedure. 

§   178.  Generally. 

Equal  protection  as  to  courts  and  proceed- 
ings.    14  L.R.A.  585. 

Equal  privileges  and  immunities  as  to  liti- 
gation.    14  L.R.A.  583. 

Prisoner's  constitutional  right  to  appear  un- 
manacled  at  the  trial.     39  L.R.A.  825. 

Change  of  remedy  for  enforcing  stockhold- 
er's liability.  1  L.R.A.(N.S.)  1171;  3 
L.R.A:(N.S.)  954;  33  L.R.A.(N.S.) 
909;  L.R.A.1915B,  802. 

Constitutionality  of  statute  for  enforce- 
ment of  decree  for  alimony  or  for 
punishment  for  disobedience  thereof. 
L.R.A.1918F,  424. 

Constitutionality  of  statute  forbidding  con- 
tracts ousting  jurisdiction  of  court.  48 
L.R.A.(N.S.)  855. 

Constitutionality  of  statutes  permitting 
recovery  for  mental  anguish  in  tele- 
graph cases.     49  L.R.A. (N.S.)    337. 

Constitutionality  of  statutes  restricting 
remedy  by  injunction  in  labor  disputes. 
L.R.A.1916F,  836. 

Constitutionality  of  discriminations  as  to 
jurisdictional  requisite  of  residence  in 
divorce  suit.     L.R.A.1916A,  710. 

Abrogation  of  defenses  and  rights  of  action 
by  Workmen's  Compensation  scheme. 
L.R.A.1917D,  57. 


INDEX  TO  L.R.A.  NOTES. 


240 

CONSTITUTIONAL  LAW,  IX.  k,  2— cont'd 
§   17  9.  Appeal. 

Consideration  by  Federal  Supreme  Court  of 
questions  relating  to,  in  reviewing  judg- 
ment of  stiite  court.     63  L.R.A.  581. 

Revival  of  appeal  or  writ  of  error  after  stat- 
ute of  limitations  has  run.  45  L.R.A. 
614. 

Constitutional  power  of  appellate  court  up- 
on reversing  judgment  for  plaintiflf  on 
verdict,  to  direct  a  judgment  for  de- 
fendant without  remanding  case  for  a 
new  trial.     2  L.R.A.  (N.S.)   362. 

Constitutionality  of  statute  denying  right 
of  appeal  from  decision  of  courts 
in  certain  classes  of  cases.  19 
L.R.A.(N.S.)  377;  44  L.R.A. (N.S.) 
1209. 

Power  of  legislature  to  permit  appeal  to 
court  for  purpose  of  reviewing  amount 
of  tax  assessment.  13  L.R.A. (N.S.) 
716;  L.R.A.1915B,  875. 

Constitutionality  of  statute  giving  state 
right  to  appeal  in  criminal  case. 
L.R.A.1915F,  1093. 

§   180.  Attorneys'  fees. 

Unjust  discrimination  as  to  attorneys'  fees. 
14  L.R,A.  586. 

Validity  of  stJitutorv  provision  for  attor- 
neys' fees.  17  L.R.A.(N.S.)  910;  L.R.A. 
1915E,  943. 

Validity  of  statutory  provision  for  attor- 
neys' fees  in  proceedings  involving  col- 
lections of  taxes  or  special  assessments. 
28  L.R.A.(N.S.)    1062. 

§   181.  Costs. 

Attorneys'  fees  as  element  of,  see  supra, 
§  149. 

Constitutionality  of  statute  authorizing  im- 
position of  coets  of  prosecution  on 
prosecuting  witness.    61  L.R.A.  489. 

Constitutionality  of  statute  requiring  pay- 
ment of  court  fees.     L.R.A.1918B,  150. 

§    182.  Damages. 

Constitutionality  of  statute  empowering 
public  service  commission  or  other  gen- 
eral board  to  determine  amount  of  com- 
pensation in  eminent  domain  proceed- 
ings.    52  L.R.A. (N.S.)    850.. 

Permitting  recovery  for  mental  anguish  in 
telegraph  cases.     49  L.R.A.(N.S.)    337. 

§   183.  Evidence. 

Power  of  legislature  to  enact  prima  facie 
rules  of  evidence  for  criminal  cases.  2 
L.R.A.(N.S.)  1007;  L.R.A.1915C,  717. 

Power  of  legislature  to  make  injury  prima 
facie  evidence  of  negligence.  32  L.R.A. 
(N.S.)  226. 

Constitutionality  of  statute  making  bill  of 
lading  conclusive  proof  of  the  receipt 
of  property.    22  L.R.A.(N.S.)  821. 

Constitutionality  of  statute  which  makes 
shipper's  statement  as  to  weight  con- 
clusive.    L.R.A.1917E,   1022. 

Power  to  declare  liquor  intoxicating  irre- 
spective of  the  fact  in  that  respect.  6 
L.R.A.(N.S.)  186. 

As  to  statute  making  possession  of  liquor 
prima  facie  evidence  of  illegal  intent  to 
violate.     1  L.R.A. (N.S.)   626. 


Begin  with  this  hooTc  on  every  law  question. 


CONSTITUTIONAL  LAW,  IX.  k,  2— cont'd 
Making  weight  as  found  by  public  weigher 
conclusive  as  between  buyer  and  seller. 
51  L.R.A. (N.S.)  731. 
Establishment  of  presumptions  by  Work- 
men's Compensation  Act.  L.R.A.1917D, 
60. 

§   184.  Judgments. 

Necessity  of  notice  and  hearing,  see  infra,^ 
§  187. 

Denial  of  due  process  making  judgment 
void.     39  L.R.A.  449. 

Is  judgment  a  contract  within  provision 
against  impairing  obligation  of  con- 
tracts.    17  L.R.A.  611. 

Application  to  existing  judgments  of  stat- 
ute abolishing  or  diminishing  exemp- 
tions.    25  L.R.A. (N.S.)    189. 

Constitutionality  of  specific  tax  upon.  32 
L.R.A.  (N.S.)    179. 

§   185.  Jury;  grand  jury;  verdict. 

Equal  privileges  and  immunities  as  to  right 
to  be  jurors.    14  L.R.A.  581. 

Constitutionality  of  statute  requiring  ju- 
rors to  be  taxpayers.  32  L.R.A. (N.S.) 
414. 

Constitutionality  of  statute  entitling  women 
to  serve  as  jurors.     L.R.A.1918E,  773. 

Effect  of  provision  that  jury  shall  deter- 
mine the  law  and  the  facts  in  libel 
cases.  33  L.R.A.(N.S.)  207;  51  L.R.A. 
(N.S.)   369. 

Power  of  legislature  as  to  number  and 
agreement  of  jurors  necessary  to  ver- 
dict.    43  L.R.A.  56. 

Constitutionality  of  verdict  by  less  than  all 
the  jurors.  24  L.R.A.  272;  L.R.A. 
1917A,  91. 

Power  of  legislature  to  change  number  of 
grand  jurors  required  at^common  law. 
27  L.R.A.  846. 

§   186.  liimitation  of  actions. 

Impairment  of  obligation  of  contracts  as  to, 

see  supra,  §  36. 
Vested  right  in  defense  of  limitations,  see 

Limitation  of  Actions,  §  3. 
In  general,  see  Limitation  of  Actions,  §  4. 

§   187.  Notice  and  hearing. 

Validity  of  judgment  against  parties  desig- 
nated in  action  as  unknown.  L.R.A. 
1918F,  609. 

Necessity  of  hearing  before  granting  pre- 
liminary mandatory  injunction.  9^ 
L.R.A.  (N.S.)    1225. 

Right  to  revoke  a  license  from  the  public 
without.     13  L.R.A. (N.S.)   894. 

Right  to,  of  one  charged  with  contempt. 
10  L.R.A.(N.S.)  1098. 

Necessity  of  providing  in  statute  for  notice 
of  hearing  on  question  of  damages  or 
compensation  in  eminent  domain  pro- 
ceedings.    4  L.R.A.(N.S.)   169. 

Necessity  of  notice  and  hearing  before  mak- 
ing an  assessment  for  public  improve- 
ment by  the  front-foot  rule.  28  L.R.A. 
(N.S.)   1201;  L.R.A.1917D,  374. 

Constitutionality  of  statutes  providing  for 
administration  of  estate  of  absentee.  4 
L.R.A.(N.S.)   944. 


INDEX  TO  L.R.A.  NOTES. 


247 


CONSTITUTIONAL  LAW,  IX.  k,  2— cont'd 

When  may  notice  of  application  for  appoint- 
ment of  receiver  of  growing  crop  be 
dispensed  with.     11   L.R.A.(N.S.)    960. 

Necessity  of  notice  to  alleged  lunatic  of 
lunacy  proceedings.  23  L.R.A.  737;  26 
L.R.A.{N.S.)   232. 

Under  the  Torrens  Law.     L.R.A.1916D,  15. 

Notice  of  proceedings  after  jurisdiction 
has  attached  as  a  condition  of  due  proc- 
ess of  law.     52  L.R.A.(N.S.)    1161. 

Revocation  for  condition  broken  of  condi- 
tion pardon  or  parol  without  notice  or 
hearing.     L.R.A.1915F,  541. 

What  notice  is  necessary  to  due  process  of 
law  in  tax  proceedings.    L.R.A.1916E,  5. 

§    188.  Notice  of  Injury. 

Validity  of  requirement  of  written  notice 
of  defect  to  render  municipality  liable 
for  injuries  caused  by  defective  high- 
way.    11  L.R.A.(N.S.)   391. 

Constitutionality  of  requirement  of  notice 
of  defect  or  of  injuries  as  a  condition 
of  liability  for  personal  injuries.  15 
L.R.A.(N.S.)   203. 


§    189.  Reference. 

Constitutionality  of  compulsory  reference  i: 
actions  at  law.     ]3  L.R.A.(N.S.)    14€ 


§   190.  Service  of  process. 

What  service  of  process  is  sufficient  to  con- 
stitute due  process  of  law.  50  L.R.A. 
577. 

Validity  of  personal  judgment  rendered  up- 
on constructive  service  of  procese.  16 
L.R.A.  231. 

Constructive  or  substituted  service  on  resi- 
dent in  action  in  personam  as  due  proc- 
ess of  law.  35  L.R.A.  (N.S.)  292; 
L.R.A.1917C,  1143. 

Service  of  process  upon  foreign  corporation 
not  doing  business  within  state,  as 
basis  of  judgment  in  personam.  8 
L.R.A.  (N.S.)   538. 

Validity  and  effect,  as  against  defendant 
not  personally  served  within  the  state, 
of  a  judgment  in  personam  against 
joint  debtors.    35  L.R.A.(N.S.)  312. 

§    191.  VenHC. 

Constitutionality  of  statutes  as  to  venue  in 
action  in  state  court  against  foreign 
corporation.     70  L.R.A.  703. 

Power  of  legislature  to  provide  for  indict- 
ment in  county  or  district  otlier  than 
that  in  which  crime  is  alleged  to  have 
been  committed.  7  L.R.A. (N.S.)  660; 
L.R.A.1918F,  965. 

Constitutionality  of  statute  permitting 
change  of  venue  to  one  party  and  not 
to  the  other.     L.R.A.1915F,  920. 

Allowing  a  change  of  venue  on  application 
of  the  state,  or  by  the  court  of  its  own 
motion.    L.R.A.1915F,  922. 

§   192.  Witnesses. 

Equal  privileges  and  immunities  as  to  right 
to  be  witnesses.    14  L.R.A.  581. 

Equal  protection  as  to  witnesses.  14  L.R.A. 
584. 

Consult  also  L.R.A.  Digests  of  Cases, 


CONSTITTjTIONAL  law,  IX.  k,  2— cont'd 

Right  of  state  to  require  service  of  witness 
without  compensation.     39   L.R.A.  115. 

Constitutionality  of  statute  permitting 
court  to  appoint  expert  witnesses.  33 
L.R.A. (N.S.)   917. 

Power  to  regulate  or  restrict  constitutional 
right  of  defendant  in  criminal  cases  to 
compulsory  process  to  procure  attend- 
ance of  witnesses  in  his  behalf.  8 
L.R.A.(N.S.)   509. 


3.  Criminal  matters;  im/prisonm,ent. 

§   193.  Generally. 

Ex  post  facto  laws,  see  supra,  §  7. 

Matters  as  to  evidence,  see  supra,  §  151. 

Constitutional  guaranty  against  self-crimi- 
nation, see  Criminal  Law,  §§  49-53. 

Municipal  power  as  to  crimes  under  state 
law,  see  Criminal  Law,  §  70. 

Continuance  of  constitutional  guaranties 
during  war  or  insurrection.  45  L.R.A. 
(N.S.)   996. 

Validity  of  penal  statute  to  protect  trade- 
marks.   25  L.R.A. (N.S.)  473. 

Constitutional  right  of  prisoner  to  appear 
unmanacled  at  the  trial.    39  L.R.A.  825. 

Constitutionality  of  statute  requiring  a  hus- 
band upon  conviction  of  abandonment 
to  provide  for  support  of  wife  or  fam- 
ily.    23  L.R.A. (N.S.)    854. 

Right  to  take  or  retain  in  rogue's  gallery 
picture  of  one  accused  of  crime  before 
conviction.  7  L.R.A.  (N.S.)  274;  23 
L.R.A.  (N.S.)  739. 

Vested  right  in  defense  of  statute  of  limita- 
tions.    45  L.R.A.  614. 

Criminal  responsibility  for  violation  of  a 
statute  after  a  judicial  ruling  that  it 
was  unconstitutional,  and  before  that 
ruling  had  been  changed.  33  L.R.A. 
(N.S.)    788. 

Constitutionality  of  statutes  permitting 
substitution  of  copy  of  lost  indictment. 
41  L.R.A.  (N.S.)   1083. 

Power  of  legislature  to  provide  for  indict- 
ment in  county  or  district  other  than 
that  in  which  crime  is  alleged  to  have 
been  committed.  7  L.R.A. (N.S.)  669; 
L.R.A.1918F,  965. 

Power  to  regulate  or  restrict  right  of  de- 
fendant in  criminal  cases  to  compul- 
sory process  to  procure  attendance  of 
witnesses.     8  L.R.A.(N.S.)    509. 

Constitutionality  of  statutes  making  receiv- 
ing of  deposits  after  bank  is  insolvent 
a  crime.     22  L.R.A. (N.S.)   266. 

Constitutionality  of  statute  making  the  re- 
ceiving of  certain  kinds  of  property  a 
criminal  offense.     L.R.A.1917F,  709. 

Making  failure  of  one  receiving  stolen  prop- 
erty to  inquire  as  to  possessor's  right 
equivalent  to  guilty  knowledge.  46 
L.R.A.(N.S.)  31. 

Constitutionality  of  statute  making  viola- 
tion of  transfer  rules  established  by 
carrier  criminal.     30  L.R.A. (N.S.)   499. 

Power  to  make  taking  of  usury  a  criminal 
offense.     3  L.R.A. (N.S.)  530. 


248 


INDEX  TO  L.R.A.  NOTES. 


CONSTITUTIONAL  LAW,  IX.  k,  3— cont'd 

Constitutionality  of  statutes  imposing  crim- 
inal liability  on  master  for  misconduct 
of  servant.    43  L.R.A.(N.S.)   36. 

Statutes  infringing  freedom  to  deal  with 
one's  property  enacted  in  order  to  pre- 
vent larceny.     L.R.A.1915B,  213. 

Constitutionality  of  statutes  establishing 
juvenile  courts.     45  L.R.A.(N.S.)    908. 

Constitutionality  of  laws  allowing  a  change 
of  venue  on  application  of  the  state, 
or  by  the  court  of  its  own  motion. 
L.R.A.1915F,  922. 

Right  to  take  or  retain  in  rogues'  gallery 
picture  of  one  accused  of  crime.  L.R.A. 
1916A,  743. 

Statute  or  ordinance  making  it  an  oflFense  to 
associate  with  diareputable  persons. 
L.R.A.1917F,  904. 

§   194.  Punishment;  imprisonment. 

Imprisonment  for  debt,  see  Imprisonment 
FOB  Debt. 

Legislative  control  of  extent  of  punishnaent. 
35  L.R.A.  562;  L.R.A.1915C,  559. 

Delegation  of  power  to  determine  place  of 
confinement  of  prisoners  committed  for 
crime.     42  L.R.A.(N.S.)   978. 

Equal  protection  as  to  punishment.  14 
L.R.A.  584. 

Asexualization  or  sterilization  of  criminals. 
41  L.R.A.{N.S.)  419;  L.R.A.1918D, 
236. 

Constitutionality  of  statute  punishing  es- 
cape by  reimprisonment  for  term  de- 
pendent upon  length  of  original  term. 
22  L.R.A.  (N.S.)    1123. 

Confinement  of  one  acquitted  of  crime  by 
reason  of  insanity.  1  L.R.A.  (N.S.) 
540;    25   L.R.A. (N.S.)    946. 

Statute  authorizing  commitment  of  minors 
to  reformatories  without  conviction  of 
crime.    16  L.R.A.  691. 

Enhancing  penalty  for  crimes  committed 
by  habitual  criminals  or  prior  offenders. 
34  L.R.A.  398;  24  L.R.A.(N.S.)  432; 
48  L.R.A.(N.S.)   204. 

Constitutionality  of  statutes  reducing  term 
of  imprisonment  for  good  behavior.  34 
L.R.A.  509;   1  L.R.A. (N.S.)   520. 

Constitutionality  of  statutes  establishing 
parol  system.    L.R.A.1915F,  531. 

Power  to  pardon.    34  L.R.A.  251. 

Revocation  for  condition  broken  of  condi- 
tional pardon  or  parol  without  notice 
or  hearing.     L.R.A.1915F,  541. 

Constitutionality  of  restrictions  upon  gov- 
ernor's pardoning  power.  L.R.A.1915F, 
619. 


CONSTRUCTIOX. 


CONSTRUCTION— cont'd 

Of  contracts  by  corporation,  see  Corpora- 
tions, V.  b. 

Of  subscription  to  corporate  stock,  see  CoB- 
POBATIONS,  VIII.  b. 

Of  covenants  generally,  see  Covenants,  II. 

Of  covenants  in  lease,  see  Landlord  and 
Tenant,  III.  b. 

Of  deeds,  see  Deeds,  III. 

Of  insurance  policy,  see  Insurance,  §§  59- 
62. 

Of  lease,  see  Landlord  and  Tenant,  §  14. 

Of  mortgage  on  land,  see  Mortgage. 

Of  charter  party,  see  Shipping,  §§  17,  18. 

Of  will,  see  Wills,  V. 

Suit  to  construe  will,  see  Wills,  §§  130, 
131. 

Of  conditions,  see  Conditions. 

Of  corporate  charter,  see  Cobpobations, 
§§  18,  19. 

Of  corporate  by-laws,  see  Cobpobations, 
§§  20-22. 

Of  provisions  as  to  courts  and  their  juris- 
diction, see  Coubts.  • 

Of  provisions  in  regard  to  eminent  domain, 
see  Eminent  Domain. 

Of  provisions  as  to  exemption  generally,  see 
Exemptions. 

Of  provisions  as  to  exemption  of  homestead, 
see  Homestead. 

Of  provisions  as  to  infants,  see  Infants. 

Of  license,  see  Intoxicating  Liquobs;  Li- 
cense. 

Of  mechanics'  liens,  and  provisions  for 
same,  see  Mechanics'  Liens. 

Of  municipal  ordinance,  see  Municipai. 
Corporations,  V.  c. 

Of  provisions  for  control  and  regulation  of 
physicians  and  surgeons,  see  Physi- 
cians AND  Surgeons,  II. 

Of  statute,  see  Statutes,  §§  19-28. 

Of  railroad,  see  Railroads,  VI. 

Of  street  railway,  see  Street  Railways,  II. 


♦  •» 


CONSTRUCTION    CONTRACTS. 

See  Building     and     Construction     Con- 
tracts. 


CONSTRUCTION    WORK. 

As  railroad  hazard  within  statute  changing 
fellow-servant  rule.  18  L.R.A.(N.S.) 
479;  47  L.R.A.(N.S.)   114. 


Of  constitution,  see  Constitutionai,  Law,  ', 

§§  5,  6. 
Of  contract  generally,  see  Contracts,  III. 
Of  contract  limiting  carrier's  liability,  see 

Carriers,  §§  28,  29,  91,  128-135. 
Of   chattel    mortgage,   see    Chattel   JIort- 

oage.  especially  §§  8-12. 


Begin  toith  this  boolc  on  every  law  question. 


CONSTRUCTIVE   FORCE. 

Constituting  robbery.  57  L.R.A.  439;  46 
L.R.A.(N.S.)    1149;    L.R.A.1918E,   938. 

Carrier's  liability  for  ejection  of  trespasser 
from  moving  train  by.  13  L.R.A. 
(N.S.)  369. 


INDEX  TO  L.K.A.  NOTES. 


24& 


CONSTRUCTIVE  KNOWLEDGE. 

See  Notice,  §  12. 


CONSUL— cont'd 


j  Trading  with  an  enemy.     45  L.R.A.  588. 
Exemption   from   liability   for  judicial   and 
other  acts.     45  L.R.A,  588. 


CONSTRUCTIVE  NOTICE. 

In  general,  see  Notice,  §  12. 


CONSTRUCTIAHE   POSSESSION. 

Eight  of  one  in  constructive  possession  of 
land  to  sustain  action  of  trespass 
quare  clausum  fregit.  30  L.R.A.  (N.S.) 
250. 


CONSTRUCTIVE    SERVICE. 

Of  process,  see  Writ  and  Process,  §§  15- 
19. 


CONSTRUCTIVE    TOTAIi    L.OSS. 

See  also  Insurance.,  §   173. 

In  general,  see  Insurance,  §  173. 

Does  a  policy  of  marine  insurance  against 
total  loss  only,  or  containing  an  ex- 
ception against  liability  for  partial 
loss  cover  a  constructive  total  loss. 
L.R.A.1916F,  1171. 


CONSTRUCTIVE    TRUSTS. 

See  Trusts,  §§  12,  13. 


CONSUL. 

§  1.  Generally. 

Injunction  against  proceedings  before. 
L.R.A.  75. 


21 


§  2.  Jurisdiction  and  powers. 

Jurisdiction   in   criminal  cases.     45   L.RA. 

481. 
Jurisdiction  in  civil  casep.    45  L.R.A.  486. 
Powers    of    consul    in    other    matters.      45 

L.R.A.  496. 

§  3.  Exemptions  and  privileges. 

Generally.     45  L.R.A.  579. 
Jurisdiction    of    civil    actions    against   con- 
suls.    45  L.R.A.  580. 
Jurisdiction    of    criminal    actions    against 

consuls.     45  L.R.A.  584. 
Exemption  from  obligation  to  appear  as  a 

witness.     45  L.R.A.  586. 
Exemption  from  taxation.     45  L.R.A.  587. 
Exemption  from  military  and  jury  duties. 

45  L.R.A.  587. 
Domicil.     45   L.R.A.  587. 
Consult  also  L.R.A.  Digests  of  Cases. 


CONSULTING   PHYSICIAN. 

What  constitutes  a  consultation  with  a 
physician  within  the  meaning  of  an 
application  for  life  insurance.  18 
L.R.A.(N.S.)    362. 

Does  privilege  as  to  communication  or  in- 
formation acquired  by  physician  extend 
to  consulting  physician.  16  L.R.A> 
(N.S.)   887;  L.R.A.1915F,  891. 

•-•"» 


CONSUMER. 

Of  water,  see  Waters,  III. 

4  » » 


CONSUMPTION. 


As  element  of  damages  for  negligent  iajury, 
48  L.R.A.(N.S.)    102. 


CONTAGIOUS  DISEASSL 

§  1.  Generally. 

Of  animal,  see  Animals,  §  17. 

Protection   against   and   regulations  as   tOy 

see  Health,  §§  6-10. 
Vaccination  against  smallpox,  see  Health,. 

§§  9,  10. 
Hospital  for,  see  Hospitals, 
Municipal     liability     for     spread     of,     see 

Municipal  Corporations,  §  76, 
As  to  syphilis,  see  Syphilis. 

Isolation    of    infected   persons.      26    L.R.A. 

489. 
Right  of  carrier  to  reject  persons  having 

contagious     disease.      4    L.R.A.  (N.S.) 

103. 
Right  of  innkeeper  to  refuse  to  accept  as 

guest    one    having    contagious    disease. 

52   L.R.A.(N.S.)    745. 
Mental  anguish  because  of  exposure  to,  as 

element  of  damages  in.  telegraph  cases. 

49  L.R.A.(N.S.)  238. 

§  2.  Liability  as  to. 

Liability  for  communicating  or  exposure  tOi. 
19  L.R.A.  725. 

Liability  of  municipal  corporations  for 
spreading  contagious  disease  by  its 
method  of  caring  for  patients.  13- 
L.R.A.(N.S.)    1190. 

Liability  of  carrier  for  contraction  of  con- 
tagious disease  by  passenger.  3& 
L.R.A.(N,S.)   337. 

Landlord's  duty  and  liability  as  to  premises 
upon  which  a  contagious  disease  has- 
existed.     6  L.R.A, (N.S.)   977. 


250 

CONTAGIOUS  DISEASE— cont'd 
Infecting    premises    with,    as    waste.      30 
L.R.A.(N.S.)    474. 

§  8.  Epidemics  of. 

Protection  of  health   during,   see  Health, 

§  7. 

Power  of  municipality  during,  see  Munici- 
pal Corporations,  §  26. 

Right  of  teacher  to  salary  during  epidemic. 
50  L.R.A.  371. 

. ♦♦♦ • 


INDEX  TO  L.R.A.  NOTES. 


CONTAINERS. 


Unfair  competition  in  using  rival's  contain- 
er for  competing  product.  L.R.A.1915F, 
945. 


CONTEMPORANEOUS    AGREEMENT. 

Parol  evidence  as  to,  see  Evidence,  §§  162, 
163. 


As  defense  to  promissory  note. 
449. 


43  L.R.A. 


♦  *» 


CONTEMPT. 

I.  In  general,  §§  1-4. 
II.  What  constitutes,  §§  5-9. 
JII.  Power  to  punish  for,  §§  10-12, 
IV.  Punishment,  §13. 

I.  In  general. 

%  1.  Generally. 

Liability  of  corporation  for,  see  Cobpora- 
\       TIONS,   §   39, 

Holding  of  witness  for  contempt  during 
trial  as  ground  for  reversal.  43  L.R.A. 
(N.S.)    844. 

Injunction  against  publication  constituting. 
32  L.R.A.  273. 

Personal  liability  of  judicial  oflBcer  com- 
mitting person  for  contempt.  14 
L.R.A.  144;  44  L.R.A.(N.S.)    175. 

Criminal  responsibility  of  corporation  for. 
2  B.  R.  C.  246. 

Punishment  as  for  a  contempt  as  remedy 
for  refusal  to  permit  access  to  or  visita- 
tion of  children  as  provided  by  decree  of 
divorce.    L.R.A.1917B,  290. 

■§  2.  Nature  of  proceeding  to  punish 
for. 

Is  proceeding  for  contempt  for  violation  of 
an  injunction  civil  or  criminal.  13 
L.R.A.(N.S.)  591;  34  L.R.A.(N.S.) 
874;  42  L.R.A.(N.S.)   793. 

Is  contempt  for  violation  of  an  injunction 
against  interfering  with  another's  em- 
ployees civil  or  criminal.  13  L.R.A. 
(N.S.)    598. 


I  CONTEMPT,  I.— cont'd 
§  3.  Purging;    justification;    defenses. 

Effect  of  denial  under  oath  to  purge  one  of 
criminal  contempt.  9  L.R.A.  (N.S.) 
1119;  L.R.A.1917E,  654. 

Invitation  or  solicitation  to  violate  injunc- 
tion, or  consent  or  acquiescence  there- 
in, as  justification  for  so  doing.  9 
L.R.A.  (N.S.)    304. 

Inability  to  pay  alimony  as  defense  to  con- 
tempt. 30  L.R.A.(N.S.)  1001;  L.R.A. 
1917C,  97. 

Truth  as  defense  to  publication,  pending 
trial,  of  article  tending  to  influence 
result.    6  L.R.A. (N.S.)  572. 

§  4.  Procedure. 

AflSdavit  or  complaint  in  contempt  proceed- 
ings on  information  and  belief.  L.R.A. 
1917C,  854. 

Right  to  take  judicial  notice  of  decree  in 
proceeding  to  punish  violation  of  same 
as  contempt.     24  L.R.A. (N.S.)    404. 

Validity  of  statute  creating  prima  facie  rule 
of  evidence  in  contempt  cases.  L.R.A. 
1916C,  736. 

Applicability  in  proceeding  to  punish  crimi- 
nal contempt  of  rules  of  evidence  in 
criminal  cases.    L.R.A.1917B,  118. 

Necessity  of  finding  facts  before  adjudging 
one  guilty  of  contempt.  30  L.R.A. 
(N.S.)    564. 

Right  of  one  charged  with  contempt  to 
notice  and  hearing.  10  L.R.A.  (N.S.) 
1098. 

Collateral  attack  on  commitment  proceed- 
ings.   1  L.R.A.  (N.S.)   1143. 


Begin  xvith  this  hoolc  on  every  law  question. 


II.    What   constitutes. 

§  5.  Generally. 

Failure  to  appear,  or  tardiness,  of  attorney, 

as.     15  L.R.A.(N.S.)    389. 
Disclosure  by  grand  juror  of  evidence  given 

before    grand    jury.      17    L.R.A. (N.S.) 

1049. 
Summoning   biased   or   otherwise    improper 

jurors  or  talesmen  as  a  contempt.     20 

L.R.A.(N.S.)   1013. 
Intoxication  in  court  room  as.     33  L.R.A. 

(N.S.)   138. 
Procuring  one  having  knowledge  of  offense 

to    leave    jurisdiction    as.      33    L.R.A. 

(N.S.)   976. 
Bringing  or  inciting  the  bringing  of  a  false 

or  fictitious  suit  as  contempt.     L.R.A. 

1915B,  689.      , 
Misconduct  toward  juror  as  contempt.     46 

L.R.A.(N.S.)    517;    L.R.A.1916D,   1193. 
Misconduct  toward  witness  as  contempt  of 

court.     L.R.A.1915D,  569. 
Defamatorv    statements    made    on    witness 

stand  as.     4  B.  R.  C.  959. 
Evasive  or  false  answer  by  witness  as.     41 

L.R.A.(N.S.)   478. 
Conduct  designed  to  annoy  a  litigant  and 

induce    him   to    abandon    suit   as.     42 

L.R.A.(N.S.)   722. 
Refusal   to  restore  money  or   property   se- 
cured under  judgment  subsequently  re- 
versed   or    set    aside,    as.      39    L.R.A. 

(N.S.)    1100. 


INDEX  TO  L.R.A.  NOTES. 


261 


CONTEMPT,  II.— cont'd 
Release  of,  or  interference  with  custody  of, 
prisoner.     L.R.A.1917D,   355. 

§  6.  Action  toward  judge;  statement  or 
publication  as  to  case  or  decision. 

Attorney's  statement  in  court  concerning 
decisions.     5  L.R.A.(N.S.)   916. 

Reflection  on  judge  as  ministerial  oflScer. 
15  L.R.A.(N.S.)   621. 

Publishing  inaccurate  report  of  court  de- 
cision.    17  L.R.A.(N.S.)    583. 

Assault  on  or  abuse  of  judge  after  he  has 
retired  from  court  room.  2  L.R.A. 
(N.S.)   603. 

Liability  of  newspaper  proprietor  in  case  of 
publication  without  his  knowledge.  26 
L.R.A.  781. 

Publication  of  matters  derogatory  to  par- 
ties to  litigation.     2  B.  R.  C.  483. 

Publication  reflecting  upon  defendant  in  a 
criminal  case.     L.R.A.1917E,  713. 

§   7.  —after  case  has  ended. 

At  common  law.     68  L.R.A.  251. 

Under  statute.     68  L.R.A.  260. 

What   constitutes  a  "pending"   action.     68 

L.R.A.  261. 
Personal   criticism    of,   or   insult   to,    court 

because  of  decision  after  determination 

of  cause.     17  L.R.A. (N.S.)   585. 
Criticism  of  decision  or  opinion  after  case 

has  been  determined.     17  L.R.A. (N.S.) 

572. 

§8.  Disobedience. 

Compelling  payment  of  alimony  by  con- 
tempt proceedings.     24  L.R.A.  433. 

Disobedience  of  void  order.  16  L.R.A. 
(N.S.)    1063. 

Violation  by  private  citizen  of  decree 
against  a  municipality  as  contempt. 
25  L.R.A. (N.S.)   226. 

J'ailure  or  refusal  of  bankrupt  or  person 
having  money  or  property  belong- 
ing to  a  bankrupt  to  deliver  it  to 
a  trustee.     23  L.R.A. (N.S.)    255. 

Refusal  to  be  sworn  or  to  affirm  as  a  con- 
tempt of  court.     51  L.R.A.  (N.S.)   1155. 

Refusal  to  produce  books  or  papers  in  re- 
sponse to  subpoena  upon  ground  that 
they  contain  private  matter.  29  L.R.A. 
(N.S.)    716. 

Duty  to  produce  books  or  papers  pursuant 
to  order  of  court  as  affected  by  their 
location  or  control  or  by  considerations 
of  convenience  or  inconvenience.  L.R.A. 
1915R,  980. 

Marrying  out  of  state  contrary  to  decree 
as  contempt.     40  L.R.A.  (N.S.)    765. 

Right  of  bank  officer  or  employee  to  refuse 
to  disclose  state  of  depositor's  account. 
L.R.A.1915D,'1061. 

Power  to  punish  disobedience  to  order  in 
case  bv  striking  pleadings.  4  L.R.A. 
(N.S.)- 1185;  27' L.R.A. (N.S.)   1062.  _ 

Effect  of  appeal  from  injunction  upon  juris- 
diction to  punish  for  contempt  for  its 
violation.     L.R.A.1918F,  794. 

donsult  also  L.R.A,  Digests  of  Casefi 


CONTEMPT,  II.— cont'd 

Right  to  take  judicial  notice  of  decree  in 
proceeding  to  punish  violation  of  same 
as  contempt.     24  L.R.A.  (N.S.)    404. 

§  8a.  —  of  injunction. 

Nature  of  proceeding  to  punish  for,  see 
supra,  §  2. 

By  board  of  health  in  disobeying  injunc- 
tion.    48  L.R.A.  708. 

Disobedience  of  void  injunction  as  con- 
tempt.    16  L.R.A. (N.S.)    1063, 

Effect  of  appeal  from  injunction  on  juris- 
diction of  trial  court  to  punish  for  con- 
tempt for  its  violation.  14  L.R.A. 
(N.S.)    1150. 

Dissolution  of  preliminary  injunction  as 
affecting  right  to  punish  for  contempt 
for  its  violation.     51  L.R.A.(N.S.)   972. 

Necessity  and  sufficiency  of  notice  of  in- 
junction to  render  one  not  a  party, 
guilty  of  contempt  in  disobeying  it.  23 
L.R.A.  (N.S.)    1295. 

Invitation  or  solicitation  to  violate  injunc- 
tion, or  consent  or  acquiescence  there- 
in, as  justification  for  so  doing.  9 
L.R.A.(N.S.)    304. 

In  violation  of  preliminary  injunction 
which  would  have  effect  of  transferring 
possession  of  property  from  defendant 
to  plaintiff.     39  L.R.A.(N.S.)    32. 

§  9.  —notice  as  essential. 

Knowledge  necessary  to  charge  owner  with 
conduct  of  tenants  or  others  in  selling 
intoxicating  liquor  on  premises  in  vio- 
lation of  injunction.  25  L.R.A.  (N.S.) 
602. 

Necessity  and  sufficiency  of  notice  ■  of  in- 
junction to  render  one  not  a  party 
guilty  of  contempt  in  disobeying  it. 
23  L.R.A.(N.S.)    1295. 

III.    Power  to  punish   for. 

§   10.  Generally. 

Power  of  legislative  body  to  punish  for  con- 
tempt.    L.R.A.1917F,  288. 

Notary's  power  to  punish  for  contempt. 
36  L.R.A.  822. 

Power  to  punish  contempt  committed  out 
of  state.     L.R.A  1917E,  553. 

Effect  of  appeal  from  injunction  upon  juris- 
diction of  trial  court  to  punish  for  con- 
tempt for  its  violation.  14  L.R.A. 
(N.S.)    1150;   L.R.A.1918F,   794. 

Qualification  of  judge  to  sit  on  trial  of  one 
for  contempt  consisting  of  reflections 
upon  himself.     11  L.R.A.(N.S.)  619. 

Dissolution  of  preliminary  injunction  as 
affecting  right  to  punish  for  contempt 
for  its  violation.    51  L.R.A.(N.S.)  972. 

§  11.  Power  of  magistrate  to  punish 
witness. 

Tn  general.     1  L.R.A.(N.S.)    1135. 
Want  of  jurisdiction.     1  L.R.A. (N.S.)  1142. 
Depositions   to  be  used   in   another's   state. 
1  L.R.A.(N.S.)    1142. 


252 


INDEX  TO  L.R.A.  NOTES. 


CONTEMPT,  III.— cont'd 

Review  of  commitment  by  habeas  corpus.  1 
L.R.A.(N.S.)    1H2. 

Collateral  attack  on  commitment  proceed- 
ings.   1  L.R.A.(N.S.)   1143. 

§  12.  Power  of  legislature  to  abridge 
court's  power  to  punish. 

In  general.     36  L.R.A.  254. 
In  case  of  Federal  courts.     36  L.R.A.  258. 
Distinction    between    constitutional    courts 
and  others.     36  L.R.A.  258. 

IV.  Punishment. 

§18.  Generally. 

Power  to  punish,  see  supra.  III. 

Cruel  and  unusual  punishment  for.  L.R.A. 
1915C,  570. 

Punishment  of  corporation  for  contempt. 
4  L.R.A.(N.S.)   1001. 

Power  to  punish  disobedience  to  orders  in 
case  by  striking  pleadings.  4  L.R.A. 
(N.S.)   1185;  27  L.R.A.  (N.S.)   1062. 

Imprisonment  for  failure  to  pay  alimony 
as  violation  of  constitutional  provision 
against  imprisonment  for  debt.  17 
L.R.A.(N.S.)   1140. 

Remedy  pending  appeal  from  decree  in  di- 
vorce suit,  for  failure  to  comply  with 
order  for  payment  of  temporary  ali- 
mony, suit  money,  or  counsel  fees.  5] 
L.R.A.(N.S.)    1119. 

Refusal  to  proceed  with  trial  of  divorce  suit 
because  of  noncompliance  with  order  to 
pay  temporary  alimony,  suit  money,  or 
counsel  fees.     L.R.A.1915E,   567. 

Punishing  counsel  for  contempt  of  court 
during  trial  as  prejudicing  rights  of 
party.-  42  L.R.A. (N.S.)    428. 

Punishment  of  convict  for  failure  or  refusal 
to  testify  or  other  contempt.  L.R.A. 
1917B,  588. 


CONTEST. 


Of  election,  see  Elections,  §§  27,  28. 

Of   title   to   office,   see   Municipal   Cobpo- 

BATioNs,  §  118;  Officers,  §  27. 
Prize  contest,  see  Pbize  Contest. 
Of  will,  see  Wills,  §  57. 

Of  assessment  for  drains  and  sewers.     60 
L.RJ^.  241. 


CONTINGENCY. 


Effect  on  contract  of  leaving  price  depend- 
ent on.     53  L.R.A.  293. 

Character  of  tenancy  created  by  letting 
until  happening  of  a  specified  event. 
34  L.R.A.  (N.S.)    1069. 

Contingencies  in  possible  action  of  sendee, 
or  other  person  as  affecting  liability 
for  failure  properly  to  transmit  and 
deliver  a  telegram.  12  L.R.A. (N.S.) 
748. 


CONTINGENCY— cont'd 

Recovery  for  loss  of  time  in  action  for  per- 
sonal injury  as  affected  by  contingent 
character  of  compensation.  8  L.R.A. 
(N.S.)   1228. 

Application  of  property  to  support  of  in- 
fant where  his  rights  are  contingent. 
57  L.R.A.  736. 

Does  contingency  of  death  without  issue, 
children,  etc.,  import  their  survival  of 
the  first  taker.     37  L.R.A.(N.S.)    164. 

To  what  time  contingency  of  death  of  a 
legatee  or  devisee  without  child  or  issue 
on  which  a  gift  is  conditioned  is  refer- 
able.    25  L.R.A.(N.S.)    1045. 

Allowance  for,  in  appraising  public  service 
property  on  the  cost  to  reproduce  basis. 
48  L.R.A.(N.S.)    1042. 


CONTINGENT  CLAIMS. 

Set   off  of,   or  against,  see  Set-Off  ahiv 
Countebclaim,  §  17. 


CONTINGENT   FEB. 

Of  attorney,  see  Attobneys,  §  20. 

For  services  in  procuring  legislation.  30 
L.R.A.  738. 

Validity  of  contract  to  pay  attending  phy- 
sician percentage  of  damages  recovered 
for  personal  injury.  33  L.R.A.(N.S.X 
87. 


CONTINGENT   INTERESTS. 

Constitutional  rights  as  to,  see  Constittj- 
TioNAL  Law,  §  26. 

Under  deed,  see  Deeds,  §  31. 

Under  will,  see  Wills,  §§  99-102. 

Contingency  of  claim  against  decedent's 
estate  as  affecting  time  for  presenta- 
tion, see  ExECUTOBS  and  Administbat- 

OBS,   §  41. 

As  subject  to  levy,  see  Levy  and  Seizube, 

§  4. 
As  to  expectancy,  see  Expectancy. 

Right    of    owner   of,    to    maintain    suit    to 

establish  or  enforce  a  trust.     7  L.R.A. 

(N.S.)   999. 
What  contingent  interest  may  be   reached 

by    creditor's    bill.      27    L.R.A.(N.S.) 

454. 
Estates  in  remainder  as  assets  which  will 

Eass  to  the  trustee  in  bankruptcy.     47 
,.R.A.(N.S.)  284. 


Begin  with,  this  hooTe  on  every  law  qtteation. 


CONTINGENT  LIABIIilTY. 

Set-off  of  contingent  liability  against  judg- 
ment in  hands  of  assignee.  23  L.R.A. 
339. 


INDEX  TO  L.R.A.  NOTES. 


253 


CONTINGENT  REMAINDERS. 

See  Deeds,  §  31;  Wills,  §§  101,  102. 


CONTINUANCE. 


§  1.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  61. 
Master's    duty    to    continue    business,    see 

Masteb  and  Servant,  §  35. 

Continuance  of  family  as  condition  of  con- 
tinuance of  homestead  wiiere  its  exist- 
ence is  a  condition  of  the  inception  of 
the  homestead.      IG   L.R.A.(N.S.)    111. 

Liability  of  one  erecting  or  creating  a  nui- 
sance on  his  land  for  its  continuance 
after  he  has  parted  with  the  title.  25 
L.R.A.(N.S.)    731. 

Necessity  of  finding  as  to  continuance  of 
insanity  of  one  confined  after  acquittal 
of  criuie  for  insanity.  1  L.R.A. (N.S.) 
540. 

§  2.  Of  trial. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §§  61,  61a. 

Propriety  of  arguments  by  counsel  to  jury 
citing  statements  in  affidavits  for  con- 
tinuances.    L.R.A.1918D,  57. 

Continuance  because  of  illness  of  a  party. 
42  L.R.A.(N.S.)  660. 

Injunction  against  judgment  for  refusal  of. 
30  L.R.A.  703. 

Injunction  against  judgment  obtained  by 
agreement  to  continue.     30  L.R.A.  790. 

As  ground  for  admitting  to  bail  in  capital 
case.    39  L.R.A. (N.S.)  768. 

As  ground  for  discharge  of  accused.  56 
L.R.A.  526. 

By  withdrawp]  of  juror.     48  L.R.A.  432. 

Continuance  to  procure  witness  who  is  be- 
vond  the  jurisdiction.  L.R.A.1918E, 
527. 

Presence  of  witnesses  at  trial  as  curing  er- 
ror in  denying  motion  for  continuance 
on  ground  of  absent  witnesses.  2 
L.R.A. (N.S.)    721. 

Privilege  of  suitor  or  witness  from  service 
of  process  during  adjournment.  14 
L.R.A.(N,S.)   667;  L.R.A.1917B,  253. 

§   8.  —  admission  on  application  for. 

Denial  of  continuance,  upon  admissions  by 
the    prosecution,    as    aflfected    by 
right  of  accused  to  meet  witnesses. 
16   L.R.A.  239. 
Admissibility  on  subsequent  trial  of  admis- 
sion  made   to   defeat   continuance.     25 
L.R,A.(N.S.)    169. 


§   4.  Of  grand  jury. 

Adjourned  t^rms  of  grand  jury. 
785. 


27  L.R.A. 


CONTINUING   CONTRACTS. 

Specific  performance  of,  see  Specific  Peb- 

FORMANCE,    §    10a. 

Consult  also  L.B.A.  Digests  of  Cases. 


CONTINUING  CONTRACTS— cont'd 
Right    to    rescind    or    abandon    because    of 

other  party's  default.     30  L.R.A.  69. 
Acceptance  of  portion  of  instalment  as  af- 
fecting   right   to    rescind    contract    for 
failure    to    deliver    whole.      21    L.R.A. 
(N.S.)    864. 


CONTINUING    GUARANTY. 

See  GUAEANTY,  §  6. 


CONTINUING  NUISANCE. 

Liability  for,  see  Nuisances. 


CONTINUING   OFFENSE. 

Violation  of  Sunday  law  as.  20  L.E.A. 
(N.S.)    783. 

When  larceny  deemed  continuous.  7  L.R.A. 
(N.S.)    520. 

Practising  medicine,  surgery,  or  dentistry 
without  license  as.  42  L.R.A. (N.S.) 
768. 

Concealment  of  assets  in  violation  of  bank- 
ruptcy act  as  a  continuing  o£fense.  43 
L.R.A.(N.S.)  278. 


#>» 


CONTINUING  PARTNER. 

Powers  of,  see  Partnership,  §  34. 

CONTINUING  TRESPASSES. 

Injunction  against.     13  LJl.A.(N.S.)    173; 
21  L.R.A.(N.S.)  417. 


CONTINUITY. 


Of  adverse  possession,  see  Adverse  Posses- 
sion, §  20. 

Effect  of  breaking  continuity  of  passa'ge  or 
shipment  upon  its  interstate  character. 
L.R.A.1917D,  1184. 


CONTRABAND. 


Effect  of  carriage  of  contraband  upon  ma^ 
rine  insurance,  5  B.  R.  C.  58. 


CONTRACTOR. 


In  general,  see  Contracts. 
Bond  of,  see  Bonds,  §§  9,  10. 


254 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTOR— cont'd 

Building  contractor,  see  Building  and  Con- 
struction  CO.NTKACTS. 

Performance  or  breach  of  contract  of,  see 
Contracts,  V. 

Liability  for  injury  in  highway,  see  Hian- 
WATS,  §  92. 

Liability  for  injury  to  tenant,  see  Land- 
lord AND  Tenant,  §  73. 

Liability  of,  for  injuries  generally,  see  Mas- 
ter AND  Servant,  §§  196-198, 

Liability  for  nuisances,  see  Nuisances,  §  14. 

As  to  independent  contractor,  see  Master 
AND  Servant,  IV.  b. 

For  public  improvement,  see  Public  Im- 
provements. 

Master's  liability  for  injury  to  servants  of, 
under  workmen's  compensation  acts. 
L.R.A.1916A,  95. 

Independent  contractors  and  employees  of 
subcontractors  as  within  protection  of 
Workmen's  Compensation  Act.  L.R.A. 
1917D,  148. 

Servant  of,  as  fellow  servant  with  servant 
of  employer.     17  L.R.A.{N.S.)    334. 

As  a  necessary  party  to  a  bill  to  enforce 
a  mechanics'  lien.     33  L.R:A.{N.S.)   69. 

Will  breach  of  contract  with  municipality 
to  keep  a  street  or  highway  in  repair 
sustain  an  action  by  a  person  injured 
di  recti  V  against  the  contractors.  39 
L.R.A.(N.S.)    1112. 

Constitutionality  of  statute  making  owner 
personally  liable  to  employees  of  con- 
tractors or  materialmen  because  of 
noncompliance  with  provisions  for  their 
protection.     .39  L.R.A.  (N.S.)    868. 

Language  used  by  owner  or  other  person  in- 
terested in  construction  of  building,  im- 
porting a  promise  to  pay  a  subcontract- 
or, materialman,  or  Employee  of  con- 
tractor as  a  promise  to  answer  for  the 
debt  or  default  of  another.  5  B.  R.  C. 
96. 

Right  of  contractor  with  public  to  immunity 
which  latter  enjoys  from  liability  for 
damages.    L.R.A.1916D,  511. 

Liability  of  mail  contractors  for  lost  or  stol- 
en mail.    L.R.A.1915A,  376. 

Allowance  of  contractor's  profits  in  ap- 
praisals of  public  service  property,  on 
the  cost  to  reproduce  theory.  48  L.R.A. 
(N.S.)    1041. 

Reservation  of  title  to,  or  lien  upon,  chat- 
tel sold  to  contractor  or  materialman 
who  attaches  it  as  a  fixture  to  realty 
of  a  third  person.  52  L.R,A.{N.S.) 
661. 


^*» 


CONTRACTS. 


/.  In  general,  §  1. 
II.  Nature   and    requisites.   §§  2-60 
a.  In  general,  §§2,  2a. 

h.  Implied  agreements,  §§  3-6 

Begin  with  this  book  on  every  law  question 


CONTRACTS,  II.— cont'd 

o.  Consideration,   §§   7-17, 

1.  In  general,  §  7. 

2.  Necessity  of,  §  S. 

3.  Sufflciency  of,  §§  9-14. 

4.  Failure    of,    §15. 
6.  Return  of,  §16. 

6.  Proof  of;  recitals  as  to,. 
§   17. 

d.  Mutuality,   §    18. 

e.  Meeting   of   minds;    deflnite- 

ness,  §§    19-23. 
/.  Capacity  to  make,  §  24. 
g.  Formal  requisites;  statute  of 
frauds,  §§  25-59. 

1.  In  general,   §§  25-33. 

2.  Contracts  relating  to  per- 

sonalty, §§  34-36. 

3.  Contracts  to  answer  for 

debt  or  default  of  an- 
other,  §  37. 

4.  Contracts  not  to  be  per- 

formed  xvithin   a   year, 
§§  38,  39. 

5.  Contracts    as    to    realty, 

§§   10-49. 

6.  Sufficiency  of  writing,  §§ 

50-54. 

7.  Effect   of  part   perform- 

ance, §§   55-59. 
7t.  Merger,  §  60. 

III.  Construction,   §§  61 -69a. 

a.  In  general,  §  61. 

b.  Entirety,    §  62. 

c.  Time,   §  63. 

d.  Particular     words,     phrases, 

and  cases,  §§   64- 69a. 

IV.  Essential    validity  and  effect,   §§ 

70-120. 

a.  In  general;  public  policy, 
§§  70-103a. 

h.  Fraud;  unfair  advantage,  § 
104. 

o.  Gambling  and  wagering  con- 
tracts, §§   105,   106. 

d.  In    restraint    of    trade,     §§ 

107-109. 

e.  Ratification,  §§  llO,  111. 

f.  Relief  from,  or  enforcement 

of,   §§   112-120. 
V.  Performance;     breach,  §§  121- 
142. 
a.  In  general,  §§   121-132. 

1.  Generally,  §§  121,  122. 

2.  Excuse     for     failure     to 

perform,    §§  123-126- 
8.  Incomplete  performance ; 
sufficiency  of  perform- 
ance,  §§   127-130. 
4.  Breach,  §§  131,  131a. 
6.  Time  of  performance,   § 
132. 
1).  Building     and     construction 
contracts,  §§  133-142. 
VI.  Change:  extinguishment,  §§  143- 
156. 

a.  In  general,  §§  143-148, 

b.  Rescission;  cancelation,  §§ 
149-156. 

VII,  Actions;   liabilities,  §  157. 
VIII.  Public    contracts,    §§    158—163. 


INDEX  TO  L.E.A.  NOTES. 


25r> 


CONTRACTS— cont'd 

I.  In  general, 

§   1.  Generally. 

Particular  kinds  of  contracts,  see  specific 
titles,  c.  (J.,  Bills  axd  Notes;  Brok- 
ers; Husband  and  Wife;  Insurance; 
Sale;  Vendor  and  Purchaser. 

Arbitration  agreements,  see  Arbitration. 

Admiralty  jurisdiction  over,  see  Admiral- 
ty, §■  3. 

Assignability  of,  see  Assignment,  §  4. 

Matters  peculiar  to  auctions,  see  Auctions. 

Automobile  distribution  contract,  see  Auto- 
mobiles, §  11. 

Conflict  of  laws,  as  to,  see  Conflict  of 
Laws,  §§  2-12. 

Constitutionality  of  statute  legalizing,  see 
Constitutional  Law,  §  10. 

Constitutionality  of  statutes  restricting 
contracts,  see  Constitutional  Law, 
IX.  e. 

Impairment  of  obligation,  see  Constitu- 
tional Law,  §§  30-38. 

Contracts  of  corporation,  generally,  see  Cor- 
porations, V.  b. 

Rights  and  powers  of  corporate  oflTicers  as 
to,  see  Corporations,  §§  44,  45,  48. 

Liability  of  corporation  on  contracts  of 
promoters,  see  Corporations,  §  63. 

Aa  affected  by  custom  or  usage,  see  Cus- 
tom and  Usage. 

As  to  covenants,  see  Covenants. 

Agreements  for  divorce  or  separation,  see 
Divorce  and  Separation,  §  58. 

Estoppel  by,  see  Estoppel,  III.  d. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §  90. 

Evidence  as  to,  generally,  see  Evidence,  §§ 
278,  279. 

Limitation  by,  of  time  to  sue  on  policy,  see 
Insurance,  §§  207,  208. 

Judgment  as  a  contract,  see  Judgment,  § 
27. 

What  contracts  will  support  maritime  lien, 
see  Maritime  Liens,  §  2. 

OflScer's  liability  on,  see  Officers,  §  39. 

Provision  for  penalty  in,  see  Penalty,  §  2. 

Pleading  in  action  on  contracts,  see  Plead- 
ing, §§  18-22. 

Privity  of,  see  Privity. 

As  to  location  of  public  buildings,  see  Pub- 
lic Buildings,  §  2. 

Specific  performance  of,  see  Specific  Per- 
formance. 

Compromise,  see  Compromise  and  Settle- 
ment. 

With  corporation,  see  Cobpobations,  §§ 
28-34,  44,  45,  4?. 

Of  county,  see  Counties,  §  6. 

Of  guaranty,  see  Guaranty. 

By  husband  and  wife  with  third  persons, 
see  Husband  and  Wife,  §  4. 

Of  married  woman,  see  Husband  and  Wife, 
§§  15-19. 

Contracts  between  husband  and  wife,  see 
Husband  and  Wife,  V. 

Between  landlord  and  tenant,  see  Landlord 
and  Tenant. 

Of  emplovment,  see  Brokers;  Master  and 
Servant,  II. 

Consult  also  L.R.A.  Digests  of  Causes. 


CONTRACTS,  I.— cont'd 

Of  municipality,  see  Municipal  Corpora- 
tions, §§  53-60. 

Of  partnership,  see  Partnership,  §§  8,  9. 

Party  wall  agreement,  see  Party  Walls. 

Provision  for  penalty  in,  see  Penalty,  §  2. 

With  pliysician,  see  Physicians  and  Sur- 
geon's, §  19. 

Pleading  in  action  on  contract,  see  Plead- 
ing, II.  b. 

Liability  of  surety  on,  see  Principal  and 
Surety. 

As  to  location  of  public  buildings,  see  Pub- 
lic Buildings,  §  2. 

For  public  improvement,  see  Public  Im- 
provements, §§  7-9. 

Of  sale  of  personal  property,  see  Sale. 

Counterclaims  in  tort  in  actions  on  con- 
tract, see  Set-Off  and  Counterclaim, 
14,  b. 

Specific  performance  of,  see  Specific  Per- 
formance. 

To  maintain  spur  track  on  sidings,  see  Spur 
Tracks  and  Sidings. 

For  support,  see  Support,  §§  3-5. 

For  exclusive  service  by  telephone  company, 
see  Telephones,  §  2. 

Of  sale  of  real  property,  see  Vendor  and 
Purchaser. 

Agreement  to  make  will,  see  Wills,  §§  2,  3. 

For  work  and  labor,  see  Work  and  Labor, 
§  2. 

As  an  intangible  value  to  be  considered  in 
public  service  property  valuations.  48 
L.R.A.  (N.S.)   1082. 

Rule  of  benevolent  society  requiring  desig- 
nation of  beneficiary  by  contract. 
L.R.A.1918F,  777. 

Rights  of  trustee  as  to  executory  contracts 
of   bankrupt.      L.R.A.1917F,   657. 

Rate  of  interest  after  judgment  on  contract 
fixing  rate.    3  B.  R.  C.  169. 

Right  to  damages  for  breach  of  option  con- 
tract which  is  not  specifically  enforce- 
able because  it  contravenes  the  rule 
against  perpetuities.     4  B.  R.  C.  292. 

As  to  partition  fences.     22  L.R.A.  109. 

Delegation  of  municipal  power  as  to.  20 
L.R.A.  727. 

Private  contracts  for  erection  of  wharves. 
40  L.R.A.  647. 

Contract  rights  in  artificial  condition  of 
body  of  water.     50  L.R.A.  836. 

Adverse  possession  following  agreement  as 
to  boundary.     21  L.R.A.  833. 

Acquiring  right  of  way  for  drains  and 
sewers  by.     60  L.R.A.  197. 

Injunction  against  judgment  fraudulently 
obtained  by  agreement.     30  L.R.A.  787. 

Liability  of  infant  for  tort  in  inducing  con- 
tract, 57  L.R.A.  675. 

Right  of  one  in  possession  of  another's 
property  to  appropriate  it  to  an  ex- 
ecutory contract  with  the  latter.  36 
L.R.A. (N.S.)   622. 

Execution  of  chattel  mortgage  on  fixtures 
as  evidence  of.     15  L.R.A.  59. 

Denial  of  making  of  contracts  upon  infor- 
mation and  belief.  30  L.R.A.(N.S,) 
773. 

Question  relating  to,  as  Federal  question. 
62  L.R.A.  537. 


•256 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  I.— cont'd 

Federal  courts  following  state  decisions  as 

to.     40  L.R.A.  (N.S.)  402. 
Retaking    property    upon    failure   to   carry 

out     contract    as    larceny.     41    L.R.A. 

(N.S.)   553. 
SuflScicncy  of  service  of  notice  necessary  to 

fix  contract  rights  upon  bankrupt  after 

initiation    of    bankruptcy    proceedings 

but  before  appointment  of  trustee.     41 

L.R.A.(N.S.)   276. 
When  may  instrument  in  form  of  contract 

be  piven  effect  as  a  will?     41  L.R.A. 

(N.S.)  41. 
When  claim  against  state  deemed  based  on 

contract     within     statute     permitting 

action  against  state.     42  L.R.A. (N.S.) 

256. 

J/.  Nature  and  requisites, 
a.  In  general. 

§  2.  Generally. 

Contracts  by  telegraph,  see  Telegbaphs,  § 
10. 

Nature  of  contract  by  which  owner  agrees 
to  pay  another  all  over  specified  sum 
for  procuring  a  sale.  35  L.R.A.(N.S.) 
116. 

§  2a.  What  are  contracts. 

Entries  in  bank  book  as.     24  L.R.A.  737. 
OfiFer  and  acceptance  without  execution  of 

contemplated    formal     instrument.     29 

L.R.A.  431. 


ft.  Implied  agreements. 

§  S.  Generally. 

Election    to    sue    on  implied  contract,  see 

Election  of  Remedies,  §  3. 
Implied  guaranty,  see  Guaranty,  §  3. 
By  municipal   corporation,   see   Mttnicipai, 

Corporations,  §§  58-60. 

To  pay  in  gold  or  silver.     29  L.R.A.  522. 

Not  to  use  negative  or  engraved  plates 
without  consent  of  party  who  has  paid 
for  them.     50  L.R.A.  397. 

Implied  promise  to  share  expense  of  party 
wall  erected  without  express  contract. 
66  L,R,A.  705, 

Implication  from  use  of  patented  article 
of  promise  to  pay  royalty.  44  L.R.A. 
(N.S.)     333. 

Implied  contract  to  compensate  one  furnish- 
ing relief  to  poor  person.  39  L.R.A. 
(N.S.)    IGl. 

Implied  contract  with  intoxicated  person. 
54  L.R.A.  440. 

Husband's  liability  under,  for  wife's  pur- 
chases on  his  credit  of  articles  for 
personal  use.  65  L.R.A.  549 ;  47  L.R.A. 
(N.S.)  279. 

for  compensation  of  partner.  17  L.R.A. 
(N.S.)   412;  L.R.A.1917F,  575. 

Implied  contract  for  through  carriage  by 
initial  or  first  contracting  carrier. 
31  L.R.A.(N.S.)  5. 

Begin  iHth  this  booTe  on  every  late  question. 


CONTRACTS,  II.  b— cont'd. 

Right  of  officer,  director,  or  stockholder  to 
compensation  for  services  to  cor- 
poration on  theory  of  implied  con- 
tract.   L.R.A.1917F,  310. 

Right  of  physician  to  recover  for  emergency 
services  rendered  unconscious  person. 
12  L.R.A.(N.S.)   1090. 

Liability  of  one  who  solicits  the  services  of 
a  physician  or  surgeon  for  another.  46 
L.R.A.(N.S.)   577. 

Liability  of  public  for  services  of  physician 
or  surgeon  rendered  prisoners.  50 
L.R.A. (N.S.)    ;223. 

Liability  of  corporation  for  services  ren- 
dered before  its  organizaztion  of  which 
it  has  had  the  benefit.    4  B.  R.  C.  757. 

Right  of  broker  securing  a  purchaser  for 
part  of  the  property  to  recover  on 
quantum  meruit.    51  L.R.A. (N.S.)  258. 

Right  to  quantum  meruit  for  services  ren- 
dered under  parol  contract  unenforce- 
able because  not  to  be  performed  within 
a  year.    L.K.A.1916D,  895. 

Implied  contract  to  pay  salary  of  pastor. 
52   L.R.A. (N.S.)     172. 

Implied  warranty  of  quantity  or  quality  of 
water  to  be  furnished  in  case  of  con- 
tract to  dig  a  well.  L.R.A.1918A, 
1085. 

Lien  upon  automobile  for  repairs  made  im- 
der  implied  contract.    L.R.A.1918D,  330. 

Implied  agreement  of  purchaser  of  equity  of 
redemption  to  pay  mortgage  debt. 
L.R.A.193  7C,  596. 

Implied  contract  of  a  bank  taking  out-of- 
town  collections.     52  L.R.A.(N.S.)   621. 

Implied  power  of  attorney  to  bind  client  for 
expenses  incidental  to  trial  including 
associate  counsel's  office.  23  L.R.A. 
(N.S.)  702. 

Acceptance  of  chattel  before  agreement  as 
to  purchase  price,  as  assent  to  seller's 
price.     11  L.R.A. (N.S.)   254. 

Placing  one's  child  in  another's  custody  as 
implying  contract  not  to  reclaim  child. 
16  L.R,A.(N.S.)   1004. 

Employer's  duties  as  to  acts  of  independent 
contractor  arising  out  of  implied  con- 
tract.    66  L.R.A.  150. 

Statute  of  limitations  applicable  to  action 
to  enforce  an  implied  promise  arising 
from  acceptance  of  devise  chargeable 
with  payment  of  legacy.  8  L.R.A. 
(N.S.)  393. 

Personal  liability  of  committee  appointed 
at  public  meeting  for  services  or  sup- 
plies.    51  L.R.A. (N.S.)    406. 

Right  of  third  person  to  sue  on.  25  L.R.A. 
263. 

Liability  of  public  corporation.  39  L.R.A. 
(N.S.)  72. 

§  4.  To  pay  for  services  of  relative  or 
member  of  household. 

Implication  of  agreement  to  pay  for  serv- 
ices rendered  by  relative  or  mem- 
ber of  household.  11  L.R.A. (N.S.) 
873. 


mDEX  TO  L.R.A.  NOTES. 


25^ 


CONTRACTS,    II.   b— cont'd 

Riglit  of  child  wlio  supports  parent  at  re- 
quest of  other  children  to  recover 
therffor  from  the  latter.  27  L.R.A. 
(N.S.)    683. 

Implied  contract  to  pay  for  services  to  rel- 
ative not  living  as  part  of  same  familv. 
1  L.R.A.  (N.S.)   819. 

§  5.  —  hiisband  or  wife. 

Right  of  husband  or  wife  to  compensation 
for  services  rendered  to  other.  15 
L.R.A.  215. 

§  6.  —persons  living  in  illicit  re- 
lations. 

Implied  contract  to  pay  for  household  serv- 
ices where  parties  are  living  in 
illicit  relations.  29  L.R.A. (N.S.) 
787;   L.R.A.1917B,  683. 

o.  Consideration. 
1.  In  general, 

§    7.   Generally. 

For  bill  or  note,  see  Bills  and  Notes,  §  18. 
For     compromise,     see     Compromise     and 

Settlement.  §  4. 
For  deeds,  see  Deeds,  §§  13,  14. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  90. 
Parol  evidence  as  to.  see  Evidence,  §§  175, 

176. 
For  fraudulent  conveyance,  see  Fraudulent 

Conveyances,  §§"  6,  7. 
For  antenuptial  contract,  see  Husband  and 

Wife,  §  57. 
For    real    estate   mortgage,    see    Mortgage, 

§  22. 
Return    of    consideration    on    setting    aside 

release,  see  Release,  §  7. 
Return   of,   as   prerequisite   to   rescission   of 

contract  of  sale,  see  Sale,  §  64. 

Sufliciency  of  general  averment  of  want  of 
consideration.     L.R.A. 191 7F,   581. 

Right  to  recover  on  obligation  given  for 
a  consideration  which  is  unlawful  un- 
der the  law  of  the  place  where  the  obli- 
gation is  payable,  but  good  under  the 
law  of  the  place  where  it  was  executed. 
4  B.  R.  C.  374. 

Effect  of  consideration  moving'  from  bene- 
ficiary originally  named  in  certificate 
issued  by  mutual  benefit  association  on 
right  of  member  to  cliange  benefici- 
aries. 12  L.R.A.  (N.S.)  1207;  33 
L.R.A.  (N.S.)    773. 

Effect  of  consideration  paid  or  expense  in- 
curred on  right  to  revoke  license  to 
maintain  burden  on  land.  49  L.R.A. 
499. 

Effect  of  additional  consideration  on  pro- 
tection under  recording  acts  of  mort- 
gage given  as  securitv  for  pre-existing 
debt.     33  L.R.A. (N.S.)   01. 

Injunction  against  judgment  entered  bj' 
confession  where  consideration  is  not 
due.     .-^O  L.R.A.  242. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  IL  c,  1— cont'd 

Merger  of  mortgage  by  conveyance  from 
mortgagor  to  mortgagee  or  revival 
thereof  after  sueli  conveyance  where 
there  are  intermediate  encumbrances  on 
the  property  and  the  mortgagor  gives 
or  receives  additional  consideration. 
39  L.R.A.  (N.S.)    841. 

Consideration  for  contract  of  bank  to  col- 
lect commercial  paper.  52  L.R.A. (N.S.) 
612. 

§  7a.  Consideration  for  new  agree- 
ments abrogating,  altering,  supple- 
menting, or  supplanting  prior  con- 
tracts. 

Necessity  of  consideration  for  secondary 
agreements.     L.R.A. 1915B,  3. 

Sufficiency  of  consideration  in  secondary 
agreements.     L.R.A.1915B,   12. 

Mutuality  as  consideration  for  secondarv 
contracts.    L.R.A.1915B,  15. 

Right  to  make  secondary  contracts  upon 
consideration.    L.R.A.1915B,  32. 

Oral  secondary  contracts  and  their  con- 
sideration.    L.R.A.1915B,  37. 

Need  of  reciprocity  in  consideration  of 
secondary  contracts.     L.R.A. 1915B,  37. 

Changed  conditions  as  consideration  for 
changed  contracts.     L.R.A. 1915B,  44. 

Reciprocity  of  benefits  and  burdens  as  con- 
sideration for  secondary  contracts. 
L.R.A.1915B,  48. 

Consideration  for  modifications  and  substi- 
tutions of  executed  contracts.  L.R.A. 
1915B,  55. 

Consideration  for  waivers.  L.R.A. 1915B, 
58. 

Secondary  agreements  as  accords  and  satis- 
factions or  novations.  L.R.A.1915±J, 
59. 

Consideration  of  secondary  agreements  be- 
tween landlords  and  tenants.  L.R.A. 
1915B,   62. 

Pleadings  and  proof  respecting  secondary 
contracts.     L.R.A.  1915B,  68. 


2.  Necessity  of. 

§  8.  Generally. 

For  secondary  agreements,  see  supra,  §  7a. 
New  consideration  as  essential  to  waiver  of 

presentment   of   commercial    paper,,  see 

Bills  and  Notes.  §  47. 
To     entitle     to     specific     performance,     see 

Specific  Performance,  §  26. 

Gift  of  check.  18  L.R.A.  855;  L.R.A.1918C, 
340. 

Gift  of  promissorv  note.  26  L.R.A.  305; 
L.R.A.1918C.  .340. 

For  option.     21  L.R.A.  129. 

For  convevance  from  husband  to  wife.  69 
L.R.A.  368. 

To  accord  and  satisfaction  by  part  pavment. 
20  L.R.A.  788;  11  L.R.A. (N.S.)  198;  21 
L.R.A.(N.S.)    1005;  L.R.A.1917A,  719. 

For  assumption  of  debts  on  dissolution  of 
partnership.     9  L.R.A. (N.S.)    52,  80. 

For  compromise  of  void,  invalid  or  un- 
founded   claim.     25    L.R.A.(N.S.)    288. 

17 


258 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  II.  c,  2— cont'd 

For  contract  limiting  initial  carrier's  lia- 
bility to  its  own  line.  31  L.K.A.(N.S.) 
75. 

As  affecting  third  party's  right  to  sue  on 
contract  for  his  benefit.     25  L.R.A.  257. 

Set-off  against  judgment  assigned  without 
consideration.     23  L.R.A.  338. 

Lack  of  consideration  for  contract  between 
corporations  having  common  directors 
or  officers.     33  L.R.A.  793, 

Lack  of  consideration  as  defense  to  action 
for  specific  performance  of  contract  for 
sale  of  corporate  stock.  31  L.R.A. 
(N.S.)    498. 

Necessity  for  new  consideration  to  support 
waiver  of  failure  to  give  notice  oi  dis- 
honor or  subsequent  promise  by  in- 
dorser.  29  L.R.A.  305;  3  L.R.A.(N.S.) 
1079. 

Necessity  of  new  consideration  to  bind  third 
person  who  signs  as  surety,  indorser, 
or  guarantor  after  execution  and  de- 
livery of  original  contract  by  principal. 
44  L.R.A.(N.S.)  481;  L.R.A.1918E,  579. 

To  sustain  ratificatioil  of  unauthorized 
alteration.     39  L.R.A.  (N.S.)    131. 

Necessity  of  consideration  for  a  subsequent 
agreement  extendins;  time  of  payment. 
52  L.R.A.(N.S.)   333;  L.R.A.1915B,  26. 

Effect  of  waiver,  without  new  consideration, 
of  time  clause  in  a  building  contract. 
50  L.R.A.(N.S.)    501. 


8.    Sufficiency    of. 

§  9.  Generally. 

For  secondary  agreements,  see  supra,  §  7a. 
Invalidity  of  consideration,  see  infra,  IV. 
For  chattel  mortgage,  see  Chattel  '  Mobt- 
6AGES,   §   6. 

For     compromise,     see     Compromise     and 

Settlement,  §  4. 
Compromise  as  consideration    for    promise, 

see  Compromise  and  Settlement,  §  5, 
For  deed,  see  Deeds,  §  13. 
For  fraudulent  conveyance,  see  Fraudulent 

Conveyances,  §  6. 
For   bona   fide   purchase    of    nonnegotiable 

property,  see  Sale,  §  72. 
Release  as  consideration,  see  Release,  §  5. 
What  consideration  will  make  purchaser  of 

land  a  bona  fide  purchaser,  see  Vendor 

AND  Purchaser,  §  39. 

For  transfer  by  creditor  in  satisfaction  of 
debt.     36  L.R.A.  346. 

For  contract  for  permanent  employment. 
35  L.R.A.  515;   50  L.R.A. (N.S.)   455. 

For  gift  of  promissory  note.  26  L.R.A. 
306. 

For  contract  to  supply  city  with  water.  61 
L.R.A.  66. 

For  conveyance  from  husband  to  wife.  69 
L.R.A.  368. 

For  bond  to  one  spouse  conditioned  for 
maintenance  of  family  relation  or  pro- 
per conduct  of  other  spouse.  L.R.A. 
1917D,  445. 


Begin  with  this  booh'  on  evet'y  law  question, 


CONTRACTS,  II.  c,  3— cont'd 

For  contract  limiting  initial  carrier's  lia- 
bility to  its  own  line.  31  L.R.A. (N.S.) 
75. 

For  assumption  of  debts  on  dissolution  of 
partnership.  9  L.R.A. (N.S.)  52,  80; 
48  L.R.A.  (N.S.)    547. 

For  promise  to  pay  for  securing  release 
from  a  imilateral  contract.  L.R.A. 
1918F,  066. 

For  obligation  given  to  make  good  depletion 
of  capital  or  assets  of  bank.  L.R.A. 
1917B,  688. 

Validity  of  agreement  to  transfer  future 
acquired  property  in  consideration  of 
maintenance.     70   L.R.A.   485. 

Release  of  promise  to  marry  as  considera- 
tion for  contract.    19  L.R.A. (N.S.)  656. 

New  promise  as  consideration  when  original 
promise  was  illegal.     53  L.R.A.  370. 

Will  contract  induced  by  a  promise  to  fur- 
nish a  surety  sustain  a  subsequent  con- 
tract of  suretyship.  27  L.R.A. (N.S.) 
189. 

Mere  fcM-bearance  to  sue  as  consideration  for 
promise  by  a  third  person  to  pay  an  ex- 
isting obligation.     19  L.R.A. (N.S.)   842. 

Forbearance  to  sue  or  disclose  defendant's 
default  as  new  consideration  for  gambl- 
ing debt.     6  B.  R.  C.  995. 

Cancelation  of  invalid  contract  as  consid- 
eration.    5  L.R.A.  (N.S. )    725. 

Love  and  affection  as  consideration  for  ex- 
ecutory promise  to  pay  existing  debt 
of  another.    L.R.A.1918C,  543. 

Promise  of  additional  compensation  for 
completing  an  executory  contract  other 
than  a  contract  for  the  payment  of 
money.  11  L.R.A.  (N.S.)  '789;  28 
L.R.A. (N.S.)   450. 

Unlawfulness  of  consideration  for  contract 
in  business  whicn  it  is  a  misdemeanor 
to  transact.     12  L.R.A.  (N.S.)   593. 

Sufficiency  of  consideration  for  contract  re- 
quiring servant  to  elect  between  ac- 
ceptance of  benefits  out  of  a  relief  fund 
and  prosecution  of  iiis  claims  in  an 
action  for  damages.  11  L.R.A. (N.S.) 
187;  48  L.R.A.{N.S.)   442. 

Necessity  in  a  complaint  for  specific  per- 
formance of  alleging  facts  showing  ade- 
quacy of  consideration.  ]9  L.R.A. 
(N.S.)    178. 

Agreement  to  pay  interest  on  an  obligation 
for  an  indefinite  period  as  consideration 
for  an  agreement  to  release  the  prin- 
cipal.    L.R.A.1916C,  387. 

Furnishing  medical  attention  as  a  con- 
sideration for  release  of  liability  for 
personal  injuries  or  death.  46  L.R.A. 
(N.S.)    419. 

Sufficiency  of  consideration  received  upon 
disposal  of  municipal  property.  43 
L.R.A.(N.S.)    1137. 

Consideration  for  subscription  to  charity. 
48  L.R.A.(N.S.)    785. 

Consideration  for  a  subsequent  agreement 
extending  time  of  payment.  52  L.R.A. 
(N.S.)  331;  L.R.A.1915B,  26. 

Validity  and  enforceability  of  contract  in 
consideration  of  naming  child.  51 
L.R.A.(N.S.)   1108. 


INDEX  TO  L.R.A.  NOTES. 


259 


CONTRACTS,  II.  c,   3— cont'd 
§   10.  Pre-existing  debt. 

Pre-existing  debt  as  consideration  for  bona 
fide  purchase  of  property  not  nego- 
tiable, see  Sale,  §  72. 

Payment  of  existing  debt  as  consideration. 
34  L.R.A.  33. 

Compliance  witli  obligation  to  deliver  pa- 
pers or  property.     34  L.R.A.  35. 

Agreement  to  comply  with  lease.  34  L.R.A. 
36. 

Agreement  to  comply  with  marriage  con- 
tract.    34  L.R.A.  37. 

Promise  to  do  duty.     34  L.R.A.  37. 

Cases  to  be  distinguished.     34  L.R.A.  37. 

Promise  of  additional  compensation  for 
completing  contract.     34  L.R.A.  38. 

Promise  to  perform  additional  duty  for 
same   consideration.     34   L.R.A.   42. 

Promise  by  stranger  to  the  contract.  34 
L.R.A.  43;  L.R.A.1917D,  1104;  L.R.A. 
1918E,  1008. 

Pre-existing  debt  as  consideration  for  chat- 
tel mortgage  as  against  otlier  creditors 
or  equities.     33  L.R.A.  305. 

As  a  sufficient  consideration  to  give  grantee 
the  status  of  a  purchaser  for  value. 
L.R.A.1918D,   568. 

Discharge  of  antecedent  debt  as  a  considera- 
tion sustaining  one's  character  as  a 
bona  fide  purchaser  or  encumbrancer  for 
value  entitled  to  protection  of  recording 
acts.  27  L.R.A.  (N.S.)  620;  L.R.A. 
1918C,  438. 

May  a  corporation  issue  stocks  or  bonds 
in  payment  of  or  as  security  for  its 
antecedent  debts,  under  statutes  pro- 
hibiting the  issue  except  for  money, 
labor  done,  or  property  actually  re- 
ceived.    L.R.A.1916E,  570. 

Parol  evidence  that  consideration  of  deed 
was  payment  of  grantor's  debts.  20 
L.R.A.  103. 

Promise  to  pay  obligation  as  consideration 
for  agreement  extending  time  for  pay- 
ment thereof.     52  L.R.A.  (N.S.)   337. 

Payment  or  promise  to  pay  existing  debt 
as  consideration  for  agreement  extend- 
ing time  of  payment  of  other  debt.  52 
L.R.A.(N.S.)   338. 

§  12.  —  payment  of  part  of  liquidated 
and  undisputed  debt  as  considera- 
tion  for  discharge  of  whole. 

Generally.        11      L.R.A. (N.S.)      1018;      21 

L.R.A. (N.S.)    1005;    L.R.A.1917A,   719. 
No  conflict  with  rule  relating  to  acceptance 

of    payment    on    condition.      11    L.R.A. 

(N.S.)   1018. 
Rule     criticized     and    limited.       11    L.R.A. 

(N.S.)    ]0]9. 
Rule  repudiated.     11  L.R.A. (N.S.)   1020. 
Statutory    abrogation    of    rule.      11    L.R.A. 

(N.S.)    1020. 
Unliquidated     or    disputed    questions.       11 

L.R.A.  (N.S.)    1021. 
Payment    of    conceded    part    of    claim.      11 

L.R.A.  (N.S.)    1022. 
Payment  less  interest.     L.R.A.1917A,  723. 
Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  II.  c,  3— cont'd 
Composition   agreements.      11    L.R.A. (N.S.) 

1024. 
Payment   bv   third    person;    borrowing.      11 

L.R.A.(N.S)  1024:  L.R.A.1917A,  724. 
Effect  of  insolvency.     11  L.R.A. (N.S.)  1024; 

L.R.A. 1917A,*722. 
Giving   security    or   applying  exempt   prop- 
erty.    11  L.R.A. (N.S.)   1025. 
Giving   debtor's   own    negotiable   paper.      11 

L.R.A.(N.S.)    1026;    L.R.A.1917A,   722. 
Payment  before  maturity.     11  L.R.A. (N.S.) 

1026;  L.R.A.1917A,  724. 
Payment  at  different  place.     L.R.A.  19 17 A, 

724. 
Surrender  of  bill  or  note.     11  L.R.A. (N.S.) 

1026. 
Formal  release  under  seal  or  in  writing.    11 

L.R.A.(N.S.)    1026;  L.R.A.1917A,  724. 
Payment     in     property.       ]1     L.R.A.  (N.S.) 

1027;    L.R.A.1917A,    723. 
Miscellaneous  exceptions.     11  L.R.A. (N.S.) 

1027. 

§   13.  Moral    obligation. 

For  new  promise  after  discharge  in  bank- 
ruptcy, see  Bankbuptcy,  §  36. 

For  new  promise  after  bar  of  limitations, 
see  Limitation  op  Actions,  §§  68-71. 

In  general.    53  L.R.A.  353;  26  L.R.A. (N.S.) 

520. 
History  and  abstract  statement  of  doctrine. 

53  L.R.A.  353. 
Moral  obligation  unconnected  with  material 

or  pecuniarv  benefit  to  promisor.       26 

L.R.A.(N.S.')   520. 
Moral  obligation  arising  from  former  legal 

liability     no     longer    enforceable.       20 

L.R.A. (N.S.)   522. 
Moral  obligation  arising  from  receipt  of  ma- 
terial   or    pecuniary    benefit   without 
any     original     legal     liability.       26 
L.R.A.(N.S.)    524. 

When  original  contract  was  void  under 
statute  of  frauds.     53  L.R.A,  370; 
26  L.R.A.  (N.S.)  524. 
Promise  to  pay  for  past  support  of  relative. 

53  L.R.A.  305;  26  L.R.A. (N.S.)   520. 
Cohabitation.      53    L.R.A.    357;    26    L.R.A. 

(N.S.)   520. 
Promise  to  pay  for  past  support  of  pauper. 

53  L.R.A.  358;  26  L.R.A. (N.S.)   520. 
Promise  to  remedy  mistake  or  hardship  or 

to     supplement     past     agreement.       53 

L.R.A.  358;   26  L.R.A. (N.S.)    523. 
New  promise  after  discharge  by  operation 

of  law.      (Restrictive).     53  L.R.A.  362. 
New    promise    after    voluntary    discharge. 

53  L.R.A.  363. 
New  promise  after  majority.    53  L.R.A.  305. 
New    promise    to    be    party    to    negotiable 

paper.     53  L.R.A.  365. 
New    promise   after    judgment.     53    L.R.A. 

365. 
New  promise  after  discoverture.    53  L.R.A. 

366;    7    L.R.A. (N.S.)    1053;    33    L.R.A. 

(N.S.)   741. 
Past   legal   consideration.     53   L.R.A.   371; 
26  L.R.A.(N.S.)   526. 


1280 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  II.  c,  3— cont'd 

Does  moral  obligation  arising  from  relation- 
ship alTonl  a  suflicient  considt-ration  to 
support  a  promise  to  become  responsi- 
ble for  another's  debt.  3  L.R.A.  (N.S.) 
436. 

Consideration  for  note  or  obligation  given 
'  by  attorney  or  agent  to  cover  loss  on 
transactions  conducted  bv  him  for  prin- 
cipal.    L.R.A.1917B,  696. 

Validity  of  husband's  express  promise  to 
•  pay  debt  contracted  by  wife.  7  L.R.A. 
(N.S.)    1048. 

§   1-1.  ^Effect  of  inadequacy. 

Refusal  of  specific  performance  of  contract 
to  convey  property  because  of  in- 
adequacy of  consideration.  14  L.R.A. 
(N.S.)   317. 

Precedence  as  between  conveyance  of  land 
for  nominal  or  inadequate  considera- 
tion and  senior  unrecorded  conveyance. 
16  L.R.A.(N.S.)    1073. 

Inadequacy  of  consideration  for  sale  of  ex- 
pectancy by  prospective  heir.  33  L.R.A. 
275,  281. 

Cancelation  of  a  deed  for  inadequacy  of  con- 
sideration.    L.R.A.1916D,  382. 

Effect  of  inadequacy  of  consideration  on 
remedy  by  injunction  to  restrain  viola- 
tion of  agreement  not  to  practice  medi- 
cine or  surgery  within  a  certain  terri- 
torv.     L.R.A.1J)1.5B,  210. 

On  validity  of  agreement  in  restraint  of 
trade,  ancillary  to  sale  of  business  or 

Profession.        24      L.R.A.  (N.S.)      926; 
,.R.A.1916C,  627. 

4.  Failure  of. 

§   15.  Generully. 

Failure  of,  as  defense  to  action  on  note,  see 
Bills  and  Notes,  §  66. 

As  ground  for  relief  of  grantor  in  con- 
veyance in  consideration  of  agreement 
to  support,  which  is  broken  by  grantee. 
43L.R.A.(N.S.)  926;  L.R.A.1917D,  627. 

Right  of  alleged  fraudulent  grantee  to  show 
failure  of  consideration  of  contract  on 
which  judgment  against  grantor  was 
based.     67  L.R.A.  603. 

As  defense  to  action  for  assessment  by  mu- 
tual fire  insurance  companies.  32 
L.R.A.  492. 

As  ground  for  injunction  against  iude- 
ment.  31   L.R.A.  747. 

Right  of  grantee  in  possession  to  question 
grantor's  right  to  collect  purchase 
money  on  failure  of  consideration.  21 
L.R.A. (N.S.)   363. 

Failure  of  employer  to  fulfill  stipulations 
wliieh  were  the  consideration  of  a  re- 
leasM*  by  the  servant  from  liability  for 
injuries  received.  11  L.R.A.  (N.S.)  *201  • 
48L.R.A.(N.S.)  440.  ^         i         , 

5.  Return   of. 

§   16.  Generally. 

FN'tnrn  of.  as  prerequisite  to  rescission,  see 
infra,  §  156. 


Begin  with  this  book:  ttn  every  law  q[uestion. 


CONTRACTS,  II.  c,  5— cont'd 

Xt'cossity  for  returning  before  bringing  re- 
plevin for  property  obtained  bv  fraud- 
ulent  purchase.     21   L.R.A.  20(3. 

Return  of  consideration  as  condition  of  de- 
fending against  contract  because  made 
on  Sunday.     5  L.R.A. (N.S.)    295. 

Necessity  for  returning,  in  order  to  disaf- 
firm infant's  contract.     26  L.R.A.  177. 

e.  Pi'oof  of;  recitals  as  to. 

§17.  Generally. 

Burden  of  proof  as  to,  for  transfer  bv  hug- 
band  to  wife.     56  L.R.A.  828. 

d.  Mutuality. 

§18.  Generally. 

Of  automobile  distribution  contract,  see  At- 

TOMOBILES,  §  11. 
Lack    of    mutuality    as    affecting    right    to 

specific  performance,  see  Specific  Pkr- 

FORMANCE,   §§   21,   22. 

Privity  of  contract,  see  Privity. 

Unilateral  contracts  against  employees  en- 
tering service  of  rival.  .31  L.R.A. (N.S.) 
253. 

Surrender  clause  in  oil  or  gas  lease  as  ren- 
dering it  unilateral.  L.R.A.1917B, 
1206. 

Mutuality  of  contract  for  permanent  em- 
ployment. 35  L.R.A.  515:  50  L.R.A. 
(N.S.)    455. 

Effect  upon  servant's  riglits  of  master's 
contract  with  third  person  exempting 
latter  from  liability  to  servants.  46 
L.R.A.  54. 

Mutuality  of  obligation  where  one  party's 
obligation  is  not  definite  and  certain. 
1   L.R.A.(X.S.)    445. 

Mutuality  of  accepted  proposition  to  furnish 
such  material  as  one  needs  in  his  busi- 
ness. 11  L.R.A.(N.S.)  713;  43  L.R.A. 
(N.S.)    730;   L.R.A.1918E.  296. 

Mutuality  of  contract  giving  real-estate 
broker  exclusive  authority  to  sell,  or 
promising  him  commissions  in  case  of 
sale  by  anyone  else  but  which  does  not 
in  terms  impose  anv  obligation  upon 
him.  19  L.R.A.(N.S.)  596:  L.R.A. 
1917E,  1040. 

Mutuality  of  contract  of  employment  which 
by  its  terms  is  binding  upon  only  one 
of  the  parties  for  the  time  designated. 
20  L.R.A.  (N.S.)   899. 

Effect  of  partial  performance  of  contract  to 
obviate  lack  of  mutuality.  8  L.R.A. 
(N.S.)    433. 

Mutuality  of  contract  to  furnish  cars  to 
shipper.     13  L.R.A. (N.S.)    164. 

Mutuality  as  consideration  for  secondary 
contracts.     L.R.A.1915B,   15. 

c.   Meeting  of  minds;   deflniteness. 

§19.  Generally. 

Necessity  of  meeting  of  minds  as  to  price 
in  contract  for  sale  of  personalty. 
32  L.R.A. (N.S.)    429. 


INDEX  TO  L.R.A.  NOTES. 


261 


CONTRACTS,  II.  e— cont'd 

Accepting  bid  with  knowledge  of  mistal<e 
as  to  subject-matter.  43  L.R.x\.(N.S.) 
654. 

What  misrepresentations  as  to  the  con- 
tents of  an  instrument  will  render  it 
void  in  law.     4  B.  R.  C.  603. 

Right  to  avoid  contract  because  of  mis- 
take as  to  identity  of  other  party 
thereto.     L.R.A.1916D,  801. 

§  20.  Deflniteness;  certainty. 

Of  automobile  distribution  contract,  see  Au- 
tomobiles, §  11. 

Indefiniteness  as  afi'ecting  specific  perform- 
ance, see  Specific  Performance,  §  23. 

Indeliniteness   and   uncertainty   of   contract 

for  permanent  employment.     35  L.R.A. 

515;   50  L.R.A.  (N.S.)   454. 
Validity   of   contract  of   employment  indef- 
inite and  uncertain   as  to  kind  of 
employment    or    amount    of    remu- 
neration.    48  L.R.A. (N.S.)   435. 
L^ncertaintv    of    contract    in    consideration 

of  naniino-  child.    51  L.R.A.  (N.S.)  1110. 
Validit}-  of  pureliase  of  indefinite  quantity. 

15    L.R.A.    218. 
Mutuality  of   obligation  where  one  party's 

obligation   is   not  definite  and  certain. 

1   L.R.A.  (N.S.)    445. 
Validity  and  effect  of  stipulation  in  contract 

to  renew  on  terms  to  be  agreed  upon. 

32  L.R.A.  (N.S.)    201. 

§21.  —  effect  of  leaving  price  indef- 
inite. 

Total  absence  of  price.     53  L.R.A.  289. 
Option     between     different     amounts.       53 

L.R.A.  2!)2. 
Price  dependent  on  contingency.     53  L.R.A. 

293. 
When  price  definite  or  certain.     53  L.R.A. 

295. 
Executed  contract:    value   instead   of  price. 
53  L.R.A.  209. 

§  22.  Offers    and    their    acceptance    or 
withdrawal. 

Without  execution  of  contemplated   formal 

instrument,  see  infra,   §  29. 

Adoption  of  resolution  by  public  corpora- 
tion, as  initiating  or  consummating  a 
contract.     49  L.R.A.  (N.S.)   380. 

Naming  price  as  an  offer  to  sell.  L.R.A. 
191.5F,  824;   3  B.  R.  C.  229. 

Illustrations  of  the  distinction  between  a 
definite  proposal  or  acceptance,  and  a 
mere  preliminary  step  in  the  negotia- 
'tion  of  a  contract.    4  L.R.A.  (N.S.)  177. 

Right  to  accept  offer  after  submitting  coun- 
ter proposition.     L.R.A. 1915D,   145. 

Admissibility  of  parol  evidence  to  vary  a 
Avritten  option  contract  in  favor  of  or 
against  a  stranger  to  the  contract. 
L.R.A.1916A,  600,  611. 

Time  and  place  of  consummation  of  contract  I 
when   offer  by   letter  accepted  by   tele-  i 
gram,   or    vice   versa.     6   L.R.A.(N.S.) 
1016;    L.R.A.1916A,   1302. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  II.  e— cont'd 

Effect  of  death  of  party  after  the  mailing, 
but  before  the  receipt,  of  his  letter  ac- 
cepting an  offer.     12  L.R.A.  (N.S.)  439. 

Right  to  withdraw  order  given  agent  before 
acceptance  by  principal.  10  L.R.A. 
(N.S.)   1138. 

Liability  of  telegraph  company  for  failure 
properly  to  transmit  or  deliver  a  mes- 
sage pertaining  to  negotiation  for,  or 
offer  of  a  contract.  42  L.R.A. (N.S.) 
419. 

§  23.  —rights  conferred  by  ''refusal" 
or    "option." 

As  to  options  generally,  see  Option. 
Option  for  sale  of  personalty,  see  Sale,  §  41. 
Option  for  sale  of  real  estate,  see  Vendob 
AND  Purchaser,  §   4. 

Insurable  interest  of  holder  of  option  on 
property.    L.R.A.1918A,  393. 

Rights  conferred  by  a  "refusal"  or  "option." 
21  L.R.A*  127. 

Time  for  exercising  option  reserved  in  con- 
tract of  sale  to  return  or  resell  prop- 
erty.    50  L.R.A. (N.S.)    594. 

/.  Capacity  to  tnalce. 

§  24.  Generally. 

Contracts  by  intoxicated  persons,  see 
Drunkenness,  §§  3,  4. 

Contract  by  married  woman,  see  Husband 
AND  Wife,  §§  15-19. 

Contracts  by  incompetent  persons  general- 
ly, see  Incompetent  Persons,  §§  8-10. 

Contracts  by  infants,  see  Infants,  §§  16-23. 

Capacity  of  parties  to  marriage,  see  Mar- 
riage, §§  8-13. 

Capacity  of  convict  to  contract.  52  L.R.A. 
(N.S.)   320. 

Power  of  consul  as  to.     45  L.R.A.  500. 

Morphinism  as  affecting  capacity  to  .con- 
tract.    39  L.R.A.  262. 

Ability  to  contract  as  affecting  testamen- 
tary capacity.  27  L.R.A. (N.S.)  63; 
L.R.A.1915A,  457. 

g.  Formal  requisites ;  statute  of  frauds. 
1.  In  general. 

§  25.  Generally. 

Of  contract  by  corporation,  see  Corpora- 
tions, §  32. 

Conflict  of  laws  as  to  statute  of  frauds,  see 
Conflict  of  Laws,  §  42. 

Parol  evidence  to  vary  or  contradict  con- 
tract, see  Evidence,  VII. 

Use  of  statue  of  frauds  as  protection  to 
fraud,  see  Fraud  and  Deceit,  §  2. 

Effect  of  statutes  of  frauds  on  antenuptial 
contract,  see  Husband  and  Wife,  §  56. 

Oral  purchase  by  agent  in  his  own  name, 
see  Principal  and  Agent,  §  35. 

Oral  contracts  for  work  and  labor,  see 
Work  and  Labor,  §  3. 

Specific  performance  of  oral  contract,  see 
Specific  Performance,  §§  11-13. 

Parol  trusts,  see  Trusts,  §  11. 


262 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  II.  g,  1— cont'd 

Nt'cesBitv  of  pleading  statute  of  frauds. 
40  LR.A.(N.S.)    ]. 

May  Statute  of  Frauds  be  raised  for  first 
'  time  on  appeal  where  under  the  plead- 
ings it  might  have  been  raised  below. 
L.R.A.1917B,  1071. 

Effect  of  statute  of  frauds  upon  the  pow- 
er of  equity  to  reform  a  contract. 
L.R.A.1917A,  671. 

Who  is  bona  fide  purchaser  within  statute. 
31    L.R.A.  G12. 

New  promise  as  consideration  when  original 

ftromise  was  in  violation  of  statute  of 
rauds.  53  L.R.A.  370;  26  L.R.A. 
(N.S.)    524. 

Right  of  defendant  in  action  for  conversion 
to  impeach  plaintiff's  title  as  being 
based  upon  a  contract  void  under  the 
statute  of  frauds.  2  B.  R.  C.  733. 

Oral  agreement  to  waive  statute  of  limita- 
tions.    63  L.R.A.  195. 

Admissibility  of  evidence  of  custom  to  cre- 
ate an  exception  to  written  contract. 
3  L.R.A.(N.S.)    248. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  statute  of 
frauds.     40  L.R.A. (N.S.)    421. 

Oral  submissions  to  arbitration  and  awards. 
47  L.R.A.(N.S.)  346. 

Statute  of  frauds  as  defense  to  action  to 
recover  subscription  for  charity.  48 
L.R.A.(N.S.)  813. 

Agreement  void  under  statute  of  frauds  as 
consideration  for  agreement  extending 
time  of  payment.  52  L.R.A.  (N.S.) 
341. 

Consideration  for  oral  secondary  contracts 
abrogating  or  altering  prior  contract. 
L.R.A.11915B,  37. 

Right  of  creditors  to  avoid  debtor's  con- 
tracts or  conveyances  upon  the  ground 
of  the  statute  of  frauds.  L.R.A.i916D, 
.1213. 

Necessity  that  waiver  or  tolling  of  statute 
of  limitations  or  nonclaim  by  personal 
representative  as  to  indebtedness  of  the 
estate  should  be  in  writing.  L.R.A. 
1915B,  1046. 

Contract  in  consideration  of  naming  child. 
51   L.R.A.  (N.S.)    1108. 

§  26.  What   forms   part   of  contract. 

Matter  following  signature  as  part  of  con- 
tract.    5  L.R.A.  (N/S.)    436. 

Memorandum  on  back  of  note  at  time  of 
execution  as  substantive  part  thereof. 
15  L.RjV.(N.S.)    612. 

Effect  of  party's  ignorance  of  contents  of 
extraneous  pa]>er  upon  attempt  to  in- 
corporate it  into  contract  by  reference. 
70  L.R.A.  106. 

§  26a.  Character  In  which  party  signs. 
Character  of  party  to  note,  see  Bills  and 
Notes,  §  15. 

Personal  liability  of  one  who  signs  contract 
by  adding  words  indicating  represent- 
ative capacity  to  his  signature.  42 
L.R.A.(N.S.)]. 

Begin  trith  thin  book  on  every  late  question. 


CONTRACTS,  II.  g,  1— cont'd 

§2  7.  Effect  of  omitting  revenue  stamp. 

See  Internal  Revenue,  §  2. 

§  28.  Conditional   execution. 

Under  parol  agreement  that  contract  shall 
not  take  effect  until  others  have 
signed  it.     45  L.R.A.  321. 

§29.  Offer  and  acceptance  without 
execution  of  contemplated  formal 
instrument. 

Sufficiency  of,  as  contract.     29  L.RJ^.  431. 

Offer  by  purchaser  to  sell  property  to  a 
third  person  as  acceptance  which  will 
satisfy  statute  of  frauds.  36  L.R.A. 
(N.S.)  76. 

§  30.  Parol  modification  of  contract. 

Parol  evidence  as  to  modification,  see  Evi- 
dence, §  164. 

Effect  of  the  Statute  of  Frauds  upon  the 
right  to  modify,  by  subsequent  parol 
agreement,  a  written  contract  required 
by  the  statute  to  be  in  writing.  L.R.A. 
1917B,  144. 

Statute  of  frauds  as  affecting  right  to  re- 
lief from  mistake  of  law  as  to  effect 
of    instrument.     28   L.R.A. (N.S.)    876. 

§31.  As  to  liability  of  initial  carrier. 

Oral  contract  extending  initial  carrier's 
undertaking  beyond  its  own  line.  31 
L.R.A.(N.S.)    32. 

Oral  contracts  limiting  initial  carrier's  un- 
dertaking to  its  own  line.  31  L.R.A. 
(N.S.)    64. 

§  31a.  As  to  insurance  matters. 

Validity  of  oral  insurance  contract.  22 
L.R.A.  768. 

Requisites  of  present  oral  contract  of  in- 
surance.    5  L.R.A. (N.S.)    407. 

Power  of  agents  to  bind  insurer  by  oral 
waiver  or  estoppel  in  pais  as  to  for- 
feitures occurring  after  issuance  of 
policy  and  before  loss  under  policies 
of  insurance  requiring  consent  or 
waiver  to  be  in  writing.  10  L.R.A. 
(N.S.)    1064. 

§  32.  As  to  commercial  paper. 

Validity  of  parol  promise  to  accept  an  or- 
der or  bill  of  exchange.     26  L.R.A.  620. 

Validity  of  promissory  note  given  as  a  for- 
feit or  as  collateral  to  an  invalid  oral 
agreement  within  the  statute  of  frauds. 
18  L.R.A.  142. 

Statute  of  frauds  as  affecting  accommoda- 
tion indorser.     28  L.R.A,(N.S.)    1045. 

Necessity  for  writing  to  support  failure  to 
give  notice  of  dishonor  or  subsequent 
promise  by  indorser.     29  L.R.A.  315. 

Contemporaneous  parol  agreements  as  de- 
fense to  note.     43  L.R.A.  449. 


§33.  Agreement    to    give    property    by 
will. 

Will  as  part  performance.     14  L.R.A.  863. 


INDEX  TO  L.R.A.  NOTES. 


263 


CONTRACTS,  II.  g,  1— cont'd 

Right  to  recover  for  services  rendered  be- 
yond statutory  period  of  limitations  on 
breach  of  parol  contract  to  make  pro- 
vision by  will.     6  L.R.A.(N.S.)    703. 

Riglit  to  recover  value  of  services  rendered 
in  consideration  of  contract  to  convey 
or  devise  property,  which  is  void  by  the 
statute  of  frauds.  37  L.R.A.(N.S.) 
639. 

2.  Contracts  relating  to  personalty. 

§  34.  Generally. 

Sufficiency   of   writing   as  to,   see  infra,   §§ 

50-54. 
Part    performance    of    contract,    see    infra, 

§§  56,  57. 
Parol  trusts  in  personalty,  see  Trusts,  §  11. 

Receipt  by  carrier  to  satisfy  statute.  22 
L.R.A.  426. 

Validity  of  verbal  chattel  mortgage.  7 
L.R.A.(N.S.)    418. 

Necessity  of  writing  to  make  binding  a 
commission  to  purchase  personal  prop- 
erty.    11    L.R.A.(N.S.)    650. 

§  35.  Contracts  of  sale. 

Sale  of  growing  crops,  see  infra,  §  44. 

Part  performance  of  contract,  see  infra, 
§§  55-57. 

Ti-ansfer  of  corporate  stock,  see  Corpora- 
tions, §  88. 

Contract  to  transfer  personal  property  in 
consideration  of  services,  as  affected 
by  statute  of  frauds  relating  to  con- 
tracts for  the  sale  of  goods,  etc.  16 
L.R.A.(N.S.)  381. 

Right  to  show  parol  warranty  in  connec- 
tion with  a  contract  of  sale  of  per- 
sonalty.    19   L.R.A,(N.S.)    1183. 

Necessity  of  writing  to  make  binding  com- 
mission to  purchase  personal  property. 
11  L.R.A.(N.S.)   650. 

Who  may  enforce  contract  for  sale  of  goods 
where  onlv  one  party  signed  contract. 
28  L.R.A."(N.S.)  694;  43  L.R.A.(N.S.) 
410. 

Conflict  of  laws  as  to  sales  of  intoxicating 
liquor.     61    L.R.A.    422. 

§  3  5a.  Contracts    for   work   and   labor. 

Oral  contract  to  manufacture,  see  Manu- 
facture, §  2. 

Contract  for  manufacture  as  affected  by 
statute  of  frauds.     14  L.R.A.  232. 

§  36.  Distinction  between  sales  and 
contracts  for  work  and   labor. 

In  general.  14  L.R.A.  230;  30  L.R.A.  (N.S.) 
319;    43  L.R.A. (N.S.)    97. 

Tests  and  rules.     14  L.R.A.  230. 

Special  orders.  14  L.R.A.  231;  30  L.R.A. 
(N.S.)    320;   43  L.R.A.  (N.S.)   97. 

Manufacture  of  ordinary  articles  not  ac- 
cording to  special  directions.  14  L.R,A. 
232. 

Finishing  articles  already  in  existence.  14 
L.R.A.  233. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  II.  g,  2— cont'd 

For  crops  to  be  raised.     14  L.R.A.  233:   30 

L.R.A. (N.S.)   323. 
For  timber  to  be  cut  or  for  logs.     14  L.R.A. 

233;   30  L.R.A. (N.S.)   324. 

3.  Contracts  to  anstver  for  debt  or  de- 

fault   of   another. 

§3  7.  Generally. 

Promise  to  pay  third  person.  25  L.R.A. 
264. 

Guaranty  of  contract  of  a  person  under  dis- 
ability.    33   L.R.A.   359. 

Contracts  between  sureties  to  fix  their 
shares  of  liability.     39  L.R.A.  378. 

Statute  of  frauds  as  affecting  parol  viola- 
tions of  collateral  contract.  28  L.R.A. 
(N.S.)    882. 

Is  agreement  by  vendee  to  pay  encum- 
brance within  statute  of  frauds  as 
promise  to  answer  for  the  debt  of  an- 
other.    15  L.R.A. (N.S.)    1087. 

Statute  of  frauds  as  affecting  right  to  as- 
sume debts  on  dissolution  of  partner- 
ship. 9  L.R.A.(N.S.)  54;  48  L.R.A. 
(N.S.)    548. 

Applicability  of  statute  requiring  that  rep- 
resentations as  to  another's  credit 
must  be  in  writing  in  order  to  sustain 
an  action.     13  L.R.A.  (N.S.)    212. 

Contemporary  promise  of  one  person  to  pay 
where  benefit  inures  to  another  as 
a  promise  to  answer  for  default  of 
another  within  statute  of  frauds. 
15  L.R.A.fN.S.)  214;  32  L.R.A. 
(N.S.)    598. 

Is  oral  promise  to  pay  another's  pre-exist- 
ing debt  made  in  order  to  secure 
benefit  to  promisor  without  releas- 
ing original  debtor  within  statute 
of  frauds.  22  L.R.A. (N.S.)  1077; 
40  L.R.A.  (N.S.)   242. 

Love  and  affection  as  consideration  for  ex- 
ecutorj''  promise  to  pay  existing  debt  of 
another.     L.R.A.1918C,  543. 

Subscribing  one's  name  under  word  "surety" 
in  written  contract  as  satisfying  stat- 
ute of  frauds.     23   L.R.A.(N.S.)    1197. 

Agreement  of  sliareholder  to  become  re- 
sponsible for  amount  of  company's 
debt,  as  a  "promise  to  answer  for  the 
debt  of  another."'     ?,  B.  R.  C.  (III. 

Language  used  by  owner  or  other  person 
interested  in  construction  of  building, 
importing  a  promise  to  pay  a  subcon- 
tractor, materialman,  or  employee  of 
contractor,  as  a  promise  to  answer  for 
the  debt  or  default  of  another.  5  B 
R.  C.  96. 

4.  Contracts  not  to  he  performed  with- 

in  a   year. 

§  38.  Generally. 

Lease  for  more  than  a  year,  see  infra,  §  42. 
Parol    lease    for    a    year    to    commence    in 

futuro.     49  L.R.A. (N.S.)   820. 
Oral  agreement  between  landlord  and  tenant 

while   in   possession   under  an   existing 

lease  for  a  tenancy  in  futuro.     L.R.A. 

1919B,  101. 


204 


INDEX  TO  L.R.A.  NOTES. 


35 


CONTRACTS,  II.  g,  4— cont'd 

Contracts   for   permanent   employment 
L.U.A.  514;  50  L.R.A.  (N.S.)   454. 

Validity  of  oral  contract  for  a  year's  serv- 
ices to  commence  tw  ftittiro.  2  L.R.A. 
(N.S.)    738. 

Promise  of  marriage.    L.R.A.1915D,  1190. 

g  39.  Contriu-ls  for  services  wliicli  may, 
but  are  not  intended  to,  be  per- 
formed  within   a   year. 

In  general.     15   L.R.A. (N.S.)    313. 

Relating  to  lumber  and  timber.  15  L.R.A. 
(N.S.)    313. 

For  railroad  privileges.  15  L.R>A.(N.S.) 
315. 

Building  and  fencing  contracts.  15  L.R.A. 
(N.S.)    316. 

Sharing  profits.     15  L.R.A.(N.S.)    317. 

Farming  contracts.     15  L.R.A.(N.S.)    318. 

Contracts  relating  to  minors.  15  L.R.A. 
(N.S.)  318. 

Contracts  of  employment.  15  L.R.A,  (N.S.) 
321;   50  L.R.A. (N.S.)    454. 

Contracts  to  support  for  life.  15  L.R.A. 
(N.S.)   330;  L.R.A.1915E,  563. 

EflFect  of  part  performance.  L.R.A.1916D, 
884. 

Right  to  quantum  meruit  for  services  ren- 
dered imdev  parol  contract  unenforce- 
able because  not  to  be  performed  with- 
in a  year.     L.R.A.1916D,  895. 


establish 
9    L.R.A. 


5.  Contracts  as  to  realty. 

§4  0.  Generally. 

Contract  to  devise  real  property,  see  supra, 
§  33. 

Contracts  as  to,  not  to  be  performed  within 
a  year,  see  supra,  §§  38,  39. 

Sufficiency  of  writing  as  to,  see  infra, 
§§  50-54. 

Part  performance  of  contract  as  to,  see  in- 
fra, §§  58,  59. 

Parol  trusts,  see  Trusts,  §  11. 

Specific  performance  of  verbal  contract,  see 
Specific  Performance,  §§  11-13. 

Necessity  of  pleading  the  statute  of  frauds 
in  action  on  land  contract.  49  L.R.A. 
(N.S.)   33. 

Transaction  between  heir  and  ancestor  re- 
lating to  expectancy.     32  L.R.A.  597. 

Right  to  compensation  for  improvements  on 
land,  made  in  good  faith  under  oral 
contract  or  gift.     53  L.R.A.  337. 

Parol  agreement  to  construct  private  way 
across  railroad.  17  L.R.A. (N.S.)  702; 
24  L.R.A.(N.S.)   375.  j§  42.  Leases. 

Validity  of  award  under  parol  submission  I  Effect  of  part  performance,  see  infra,  §  58. 
involving  title  to  real  property.  22  Compensation  when  lease  is  invalid  under 
L.R.A. (N.S.)  716.  statute   of   frauds,    see   Landlord   and 


CONTRACTS,  II.  g,  5— cont'd 

Parol  agreement  to  take  title  to  real  prop- 
erty, sell  the  same,  and  divide  the 
proceeds,  as  affected  bv  the  stat- 
ute of  frauds.  8  L^R.A.lN.S.) 
11.37:  20  L.R.A.  (N.S.)  298;  42 
L.R.A.  (N.S.)   1160. 

Void  parol  conveyance  of  easement  as  foun- 
dation for  easement  by  prescription.  13 
L.R.A. (N.S.)   991. 

Rights  in  respect  to  compensation  for  im- 
provements on  land  made  in  good  faith 
under  an  oral  contract  or  gift.  53 
L.R.A.  337. 

Effect  of  fact  that  agreement  is  oral  on 
question  of  undue  influence  in  convey- 
ance or  transfer  of  property  in  consid- 
eration of  support  of  tlie  grantor  or  a 
third  person.     52  L.R.A. (N.S.)   481. 

Actions  or  suits  in  which  equitable  estoppel 
involving  title  or  interest  in  real  prop- 
erty is  available.     49  L.R.A.  (N.S.)   775. 

Estoppel  against  assertion  of  title  or  in- 
terest in  real  property  by  concealing 
the  same  or  representing  it  to  be  in 
another  as  affected  by  the  statute  of 
frauds.     48  L.R.A. (N.S.)   775. 

Oral  building  restrictions  as  to  parcels  re- 
tained bv  grantor.  45  L.R.A. (N.S.) 
963. 

Right  of  vendee  to  recover  back  payments 
made  upon  a  contract  for  the  purchase 
of  land  which  does  not  satisfy  the 
statute  of  frauds.     L.R.A.1916D,  468. 

Liability  of  purchaser  who  takes  possession 
under  parol  contract  of  sale  in  action 
for  rents  or  for  use  and  occupation 
where  vendor  refuses  to  perform. 
L.R.A.1915E,  405. 

Degree     of     proof     necessary     to 
parol    gift    of    real    estate. 
(N.S.)    508. 

Measure  of  damages,  for  breach  of  oral 
contract  to  convey  realty.  2  L.R.A. 
(N.S.)   713. 

§41.  Partnership. 

Effect  of  statute  upon  partnership  lands. 
27  L.R.A.  477. 

Applicability  of  statute  of  frauds  to  part- 
nership' real  estate.  37  L.R.A.  ( N.S. ' 
902. 

Validity  of  parol  partnership  for  dealing  in 
lands.  16  L.R.A.  745;  4  L.R.A.  (N.S.) 
427;  33  L.R.A.  (N.S.)  883:  L.R.A. 
191 5A,  521. 

Agreement  to  share  real  property  in  pay- 
ment for  services  as  within  the  statute 
of  frauds.     41  L.R.A. (N.S.)    184. 


Right  of  a  purchaser  of  real  estate  to  rely 
on  the  statute  of  frauds  against  con- 
tract by  his  vendor  with  a  third  per- 
son.    40  L.R.A. (N.S.)    883. 

Validity  of  oral  agreement  to  share  contract 
for  purchase  of  land.  3  L.R.A. (N.S.) 
147. 


Tenant,  §  82. 

Parol    lease    for    a   year    to    commence    in 
futuro.     49  L.R.A. (N.S.)    820. 

Oral  agreement  between  landlord  and  tenant 
while   in   possession   under   an   existing 
lease  for  a  tenancy  for  futuro.    L.R.A. 
191 8B,  101. 
Bvpin  trith  this  booh-  on  even/  fair  question. 


INDEX  TO  L.E.A.  NOTES. 


■265 


CONTRACTS,  II.  g,  5— cont'd 
Assigniuont  of   lease.     35   L.R.A.   754. 
Insurable  interest  of  tenant  in  leased  prop- 
erty under  parol  agreement.     42  L.R.A. 
(N.S.)     135. 

§  43.   Sale  of  timber. 

Validity  of  oral  sale  of  standing  timber. 
19  L.R.A.   721. 

Effect  of  oral  contract  to  cut  standing 
timber  to  pass  title  to  the  same.  47 
L.R.A.  (N.S.)    877. 

Contract  for  timber  to  be  sawed  as  a  sale 
within  the  statute  of  frauds.  14 
L.R.A.   233;    30   L.R.A. (N.S.)    324. 

Purchase  of  standing  timber  as  a  purchase 
of   realty.     13   L.R.A.  (N.S.)    278. 

]'?ffect  of  statute  of  frauds  on  parol  con- 
tracts relating  to,  which  may,  but  are 
not  intended  to,  be  performed  within 
a  year.     ]5   L.R.A. (M.S.)    313. 

Agreement  for,  as  a  contract  for  work  and 
labor  or  a  contract  of  sale  within  stat- 
ute of  frauds.     30  L.R.A. (N.S.)    324. 

§  44.   Sale  of  or  agreement  as  to  crops. 

Sale   or    mortgage   of   crops.      L.R.A.1917C, 

20. 
Must   a   contract    for   the    sale   of   growing 
crops  or  a  reservation  of  the  same 
by  the  grantor  in  deed  be  in  writ- 
ing?    23   L.R.A.  (N.S.)    1218. 
Agreement  for  as  a  contract  for  work  and 
labor  or  a  contract  of  sale  within  stat- 
ute of  frauds.     30  L.R.A. (N.S.)   323. 

§  45.  Agreement  as  to  fences. 

Validity  of   oral   agreement   as  to   erection 
or      maintenance      of      fences.     27 
L.R.A. (N.S.)    220, 
Effect  of  statute  of  frauds  on  parol  fencing 
contract    which    may,    but    is    not    in- 
tended to,  be  performed  within  a  year. 
15   L.R.A. (N.S.)    316. 


§  46.  Broker's  contract  with  princi- 
paL 

Contract  by  real  estate  broker  to  find  pur- 
chaser or  effect  exchange  of  principal's 
property.     44   L.R.A.   601. 

Power  of  legislature  to  require  contracts 
for  commissions  for  finding  a  pur- 
chaser for  real  estate  to  be  in  writing. 
33  L.R.A. (N.S.)   973. 

Power  of  legislature  to  prohibit  offering  of 
another's  real  estate  for  sale  without 
written  authority.  12  L.R.A.  (N.S.) 
707. 

Necessity  that  authority  of  agent  to  pur- 
chase or  sell  real  property  be  in  writ- 
ing to  enable  him  to  recover  compen- 
sation for  his  services.  9  L.R.A.  (N.S.) 
933. 

Ratification  of  agent's  unauthorized  con- 
tract for  purchase  or  sale  of  real  prop- 
erty as  affected  by  statute  of  frauds. 
38  L.R.A. (N.S.)   783. 

New  promise  based  on  previous  oral  con- 
tract.    26  L.R.A.(N.S.)   524. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  II.  g,  5— cont'd 
§  47.  Broker's  contract  with   purchas- 
er. 

Necessity  of  securing  written  contract  from 
purchaser  to  entitle  real  estate  broker 
to   commission.     46   L.R.A. (N.S.)    129. 

Written  authority  to  agent  to  contract  for 
sale  of  property  as  dispensing  with  ne- 
cessity that  contract  of  sale  itself  be 
in  writing.     28  L.R.A. (N.S.)   738. 

Written  authorization  of  broker  or  agent 
to  buy  or  sell  land  as  a  memorandum 
of  contract  of  sale  suflicient  to  satisfy 
the  statute  of  frauds.  L.R.A.1915C, 
400. 

Principal's  default  in  entering  into  or  car- 
rying out  oral  contract  with  purchaser 
as  affecting  broker's  right  to  commis- 
sions.    43   L.R.A.  599. 

Parol  evidence  that  one  of  the  persons  who 
signed  an  instrument  relating  to  real 
property  was  agent  for  an  undisclosed 
principal.     24   L.R.A. (N.S.)    315. 

Ratification  of  agent's  unauthorized  con- 
tract for  the  purchase  or  sale  of 
real  property  as  affected  by  the 
statute  of  frauds.  38  L.R.A. (N.S.) 
783. 

§  48.  Contract  to  purchase  land  in 
name  of  another. 

Statute  of  frauds  as  affecting  legal  remedy 
for  breach  of  contract  to  purchase  land 
for  and  in  the  name  of  another.  5 
L.R.A.  (N.S.)    123. 

Statute  of  frauds  as  affecting  right  to  equi- 
table relief  against  one  who  has  pur- 
chased land  in  his  own  name,  in  viola- 
tion of  his  agreement  to  purchase  it  for 
and  in  the  name  of  another.  5  L.R.A. 
(N.S.)    112. 

§  49.  Assignment  of  interest  in  land 
contract. 

Validity  of  oral  agreement  to  assume  or  as- 
sign land  contract.  3  L.R.A. (N.S.) 
147. 

Applicability  of  statute  of  frauds  to  assign- 
ment or  surrender  of  purchaser's  inter- 
est under  land  contract.  19  L.R.A. 
(N..S.)   879. 

Printed  or  stamped  signature.  37  L.R.A, 
(N.S.)    352. 

6.  Sufficiency  of  writing. 

§  50.  Generally. 

Telegrams  as  writings  to  make  a  contract 
within   the   statute   of   frauds.    50 
L.R.A.  240. 
Subscribing  one's  name  under  word  "sure- 
ty"   in   written   contract   as    satisfying 
statute    of    frauds.      23    L.R.A.  (N.S.) 
1197. 

§  51.   Sufficiency    of    description. 

Description  of  property  by  local  appella- 
tion.    36  L.R.A.  (N.S.)"  154. 

Description  of  land  in  contract  by  reference 
to  street  number.     L.R.A.  1918C,  520, 


266 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  II.  g,  6— cont'd 

Sufficiency  of  deacription  in  land  contract 
whicli  gives  right  to  select  particular 
tract  to  be  conveyed.  34  L.R.A.(N.S.) 
147. 

Description  of  property  by  ownership  or 
acreage  without  other  particular  de- 
scription.   L.R.A.1916C,  1127. 

May  contract  whicli  puiports  to  describe 
premises  by  number  of  acres  be  satis- 
tied  by  a  conveyance  of  that  number  of 
acres  out  of  a  larger  tract  which  other- 
wise answers  the  description.  L.R.A. 
1916C,  1100. 

§  52.  Sufficiency  of  memorandum. 

Undelivered  deed  as  memorandum  to  satis- 
fy statute  of  frauds.     22  L.R.A.  273. 

Deed  delivered  in  escrow  as  satisfying  stat- 
ute of  frauds.    43  L.R.A.(N.S.)   390. 

OflScers'  return  upon  judicial  sale  as  a 
memorandum  satisfying  the  Statute  of 
Frauds.    L.R.A.1917E,  899. 

Written  authorization  of  broker  or  agent  to 
buy  or  sell  land  as  a  memorandum  of 
contract  of  sale  sufficient  to  satisfy  the 
statute  of   frauds.     L.R.A.1915C,   400. 

May  statute  of  frauds  relating  to  sales  of 
real  property  be  satisfied  by  a  memo- 
randum which  discloses  that  one  of  the 
parties  acted  for  an  undisclosed  prin- 
cipal.    8  L.R.A.(N.S.)    733. 

May  an  extrinsic  document,  not  referred  to 
in  a  memorandum  of  sale  of  real  prop- 
erty, be  resorted  to  in  aid  of  a  defec- 
tive description  in  the  memorandum 
or  contract,  so  as  to  satisfy  the  stat- 
ute  of   frauds.      18   L.R.A.  (N.S.)    616. 

Necessity  of  specifying  time  of  payment  of 
purchase  price  in  contract  or  memo- 
randum for  the  sale  of  real  property. 
33  L.R.A. (N.S.)    84. 

§  53.  Signing. 

.Signing  by  proxy.     22  L.R.A.  297. 

Signing  by  mark.     22  L.R.A.  372. 

Place  of  signature.    L.R.A.1917A,  153. 

Necessity  that  witnesses  see  testator  sign 
or  that  they  see  his  signature.  38 
L.R.A.(N.S.)   161;  L.R.A.1915B,  87. 

§  54.  — who  mast  sign. 

Who  must  sign  note  or  memorandum  of  ex- 
ecutory   contract   for    the   sale   of 
real    property    or    chattels    within 
the  statute  of  frauds.     28  L.R.A. 
{N.S.)    680;   43  L.R.A. (N.S.)    410. 
May  the  statute  of  frauds  be  satisfied  by  a 
declaration    of    trust    signed    by    the 
trustee    alone.      38    L.R.A.(N.S.)     G46. 

7.  Effect  of  part  performance. 

§  55.  Generally. 

On  right  to  specific  performance,  see 
Specific  Performance,  §   13. 

EfTect  of  statute  of  frauds  upon  the  power  of 
equity  to  reform  a  contract  which  has 
been  partly  performed.  L.R.A.1917A, 
572. 

Effect  of  part  performance.     14  L.R.A.  863. 

Begin  with  thin  hook  on  everi/  law  question. 


CONTRACTS,  II.  g,  7— confd 

Check  as  payment  for  purpose  of  taking  con- 
tract out  of  statute  of  frauds.  L.R.A. 
1918B,  902. 

Will  as  part  performance.     14  L.R.A.  863. 

Part  performance  of  grantee's  oral  promise 
to  grantor  to  hold  in  trust  as  taking 
case  out  of  statute  of  frauds.  39 
L.R.A.(N.S.)  928. 

Part  performance  of  contract  in  consider- 
ation of  naming  child.  51  L.R.A. 
(N.S.)    1108. 

Action  for  purchase  price  on  oral  contract 
of  sale  of  land  where  deed  has  been 
delivered.     51' L.R.A. (N.S.)    77. 

Part  performance  to  take  contracts  to  ren- 
der services  not  to  be  performed  w^ithin 
a  year  out  of  the  Statute  of  Frauds. 
L.R.A.1916D,  884. 

§  56.  Of  sale  of  personalty. 

Work  in  fitting  up  for  delivery  as  payment 
of  price  to  take  the  contract  out  of  the 
statute  of  frauds.  15  L.R.A. (N.S.) 
654. 

Symbolic    delivery    by 
statute  of  frauds. 


sample    to    satisfy 
rO  L.R.A.  321. 


§  56a.  — acceptance  as  talking  out  of 
statute. 

Efifect  of  subsequent  acceptance  to  take  sale 
out  of  staute  of  frauds.  10  L.R.A. 
(N.S.)    638. 

Receipt  and  accceptance  to  satisfy  the  stat- 
ute of  frauds  when  goods  are  in  pos- 
session of  purchaser  at  time  of  agree- 
ment. 11  L.R.A.(N.S.)  1186;  20  L.R.A. 
(N.S.)   498;  L.R.A.1916F,  393. 

§  5  7.  — delivery  to  carrier. 

General  rule.     35  L.R.A.(N.S.)   1039. 
Designation  of  the  carrier.  35  L.R.A. (N.S.) 

1041. 
Particular     circumstances     indicating     ac- 
ceptance.    35  L.R.A.  (N.S.)    1043. 
Rule  under  particular  statute.     35   L.R.A. 
(N.S.)  1044. 

§  58.  Leases  of  land. 

Improvements  under  oral  contract  of  gift, 
see  Improvements,  §  13. 

Part  performance  under  parol  lease  to  sat-, 
isfy  the  Statute  of  Frauds.  49  L.R.A. 
(N.S.)   113. 

Effect  of  performance  to  take  parol  assign- 
ment of  lease  out  of  statute  of  frauds. 
15  L.R.A.  754;  42  L.R.A. (N.S.)    162. 

Nature  of  tenancy  by  entry  under  lease 
void  under  statute  of  frauds.  42 
L.R.A.(N.S.)    648. 

Effect  at  law  of  entry  under  lease  void  un- 
der statute  of  frauds.  42  L.R.A.(N.S.) 
654. 

Entry  under  parol  agreement  for  a  lease  as 
part  performance  in  equity.  20  L.R.A. 
36. 

Effect  of  making  improvements  under  oral 
lease  for  term  beyond  tiiat  permitted 
by  statute,  to  entitle  lessee  to  hold  dur- 
ing term.     3   L.R.A.  (N.S.)    852. 


INDEX  TO  L.R.A.  NOTES. 


267 


CONTRACTS,  II.   g,   7— cont'd. 

§  59,  Taking  possession  of  land. 

Effect  of,  on  right  to  specific  pcrfoniiance, 
see  Specific   Performance,   §   13. 

Taking  possession  of  real  property  as  part 
performance   to   satisfy   statute   of 
frauds.     3  L.R.A.(N.S.)    790. 
Parol    transfer    of    possession    as    basis    of 
tacking  for  purposes  of  adverse  posses- 
sion.    35  L.R.A.(N.S.)    498. 

h.  Merger. 

§  60.  Generally. 

Of  oral  and  writteti  contracts  limiting  ini- 
tial carrier's  undertaking  to  its  own 
line.     31  L.R.A.(N.S.)   64. 

Merger  of  stipulations  as  to  title  in  execu- 
tory contract  for  the  sale  of  real  es- 
tate in  subsequently  executed  convey- 
ance.    31  L.R.A.(N.S.)    457. 

III.  Construction. 
a.  In  general. 

§   61.  Generally. 

Construction  of  arbitration  agreement,  see 
Arbitration. 

Automobile  distribution  contract,  see  Auto- 
mobiles, §  11. 

Contract  for  water  supply,  see  Waters, 
§  111. 

Provision  for  penalty  or  liquidated  dam- 
ages in  case  of  delay,  see  Damages, 
§§  38-40. 

Rule  that  when  terms  of  agreement  have 
been  intended  in  a  different  sense,  that 
sense  is  to  prevail,  against  either  party, 
in  which  he  had  reason  to  suppose  the 
other  party  understood  it.  8  L.R.A. 
(N.S.)   1140. 

Parol  evidence  that  parties  to  a  written 
contract  which  merely  names  a  class  or 
species,  contemplated  a  particular  qual- 
ity or  kind.     9  L.R.A.(N.S.)  967. 

Perjury  in  statement  involving  matters  of 
opinion  or  belief  in  construction  of  con- 
tract.    25   L.R.A.  (N.S.)    658. 

Typewritten  matter  as  written  or  as  printed 
matter.     L.R.A. 1915D,  1084. 

flatter  in  letterhead,  billhead,  or  on  margin 
of  paper  on  which  contract  is  written 
as  part  of  contract  or  as  notice  affect- 
ing the  rights  of  the  parties.  L.R.A. 
1916D,  1072. 

Fixing  the  extent  of  liability  of  the  sev- 
eral obligors  to  an  agreement  as  mak- 
ing it  joint,  joint  and  several,  or  sev- 
eral.    L.R.A. i915B,  221. 

b.  Entirety, 

§  62.  Generally. 

Severability  of  insurance,  see  Insurance,  §§ 
61,  62. 

Separable  agreement  for  repair  of  pavement 
by  contractor.    44  L.R.A.  539. 

Divisibilitv  of  contract  in  restraint  of  trade. 
22  L.R.A.  673. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  III.  b— cont'd. 

In  respect  of  time  or  territorial  extent.    24 

L.R.A. (N.S.)    942. 

Contract  which  fixes  compensation  at  a  cer- 
tain amount  per  unit  of  work  done,  as 
entire  or  severable.  20  L.R.A. (N.S.) 
1069. 

Rights  and  remedies  of  servant  discharged 
for  good  cause  under  entire  and  divisi- 
ble contracts.     5  L.R.A.  (N.S.)  524. 

c.   Time. 

§63.  Generally. 

Time  of  performance,  see  infra,  §  132. 
Time  in  contractual  matters  generally,  see 
Time,  §  3. 

Making  time  of  the  essence  by  demand  or 

notice.    15  L.R.A.  737. 
Time  for  delivery  of  goods  sold  as  of  the 

essence  of  the  contract.     L.R.A.1916E, 

940. 
First  and  last  days  in  computation  of  time 

on.     49  L.R.A.  205. 
Divisibility  in  respect  of  time,  of  contract 

in  restraint  of  trade.     24  L.R.A. (N.S.) 

942. 
Intention  of  parties  to,  to  adopt  standard 

instead  of  sun  time.     1  L.R.A. (N.S.) 

364;   6  L.R.A.  (N.S.)    1046. 
Standard  or  solar  time  as  the  criterion  in 

determining  questions   dependent  upon 

time.     35  L.R.A. (N.S.)    611. 
Construction  and  effect  of  provision  for  ex- 
tension of  time  for  removal  of  standing 

timber.    34  L.R.A.(N.S.)   615. 
Duration  of  contract  of  hiring  which  fixes 

no  term  but  specifies  compensation  at  a 

certain   amount  per  day,   week,  month 

or    year.      25     L.R.A.  (N.S.)     529;     51 

L.R.A.(N.S.)    629. 
Rent  period  as  criterion  of  term  implied  by 

holding  over  after   expiration   of  lease 

for  a  fixed  term.    25  L.R.A. (N.S.)  855. 
Provisions    relating    to    time    in    irrigation 

contracts.      L.R.A.1916F,   259. 

d.     Particular     words,     phrases,     and 
cases. 

§  64.  Generally. 

As  to  penalties  or  liquidated  damages,  see 
Damages,  §§  38-40. 

Discrepancy  between  words  and  figures  in 
the  body  of  a  check  describing  the 
amount  amount  thereof.  L.R.A. 
1918C,  331. 

Meaning  of  terra  "waterproof"  employed  in 
contract.     L.R.A.1918B,  826. 

Provision  of  contract  for  payment  without 
deduction  for  taxes  as  applicable  to  in- 
come tax.     L.R.A.1917F,  205. 

Time  of  payment  obligation  purporting  to 
be  payable  on  specified  event,  the  hap- 
pening of  which  is  wholly  or  partially 
within  the  control  of  the  promisor. 
L.R.A.1917B,  1050. 

Contractor's  bond  for  the  payment  of  claims 
for  labor  and  material  as  a  contract  of 
indemnity  against  liability,  or  against 
loss.     L.R.A.1918D,  1074. 


268 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  III.  d— cont'd 

What  conditions  or  defects  are  covered  by 
j)rovisi()n  in  paving  contract  requiring 
contractor  to  keep  pavement  in  repair, 
y  L.R.A.(N.S.)  154;  49  L.R.A.(N.S.) 
922. 

Effect  of  promise  to  pay  "as  soon  as  prom- 
isor can."  27  L.R.A.(N.S.)  300;  L.R.A. 
10 18 A,  902. 

Construction  of  promotion  agreements. 
L.R.A.1918E,  834. 

Construction  of  irrigation  contracts  with 
consumers.     L.R.A. 191GF,  257. 

Construction  of  contract  to  dig  a  well  as  to 
the  quantity  or  quality  of  water  fur- 
nished thereby.    L.R.A.i918A,  1085. 

Services  covered  by  towage  agreement. 
L.R.A.1915B,  1086. 

Express  agreements  for  lateral  support.  48 
L.R.A.(N.S.)    474. 

§  65.  Building  contracts. 

Provision  for  penalty  or  liquidated  dam- 
ages in  case  of  delay,  see  Damages, 
§§  38-40. 

Aiding  the  interpretation  of  building  con- 
tracts by  extrinsic  documents  or  ex- 
amples.    9  L.R.A.  (N.S.)    1007. 

Fixing  the  extent  of  liability  of  the  several 
obligors  to  a  building  contract  as  mak- 
ing it  joint  and  several  or  several. 
L.R.A.1915B,  225. 

§  63a.  —stipulation  tliat  alterations 
or  extras  must  be  ordered  in  writ- 
ing. 

In   public   contract,    see   infra,    §    162. 


Effect  of  stipulation  that  alterations  or 
extras  must  be  ordered  in  writing.  48 
L.R.A.  (N.S.)    564. 

§  66.  Sale  of  personalty. 

Construction  of  contract  having  some  pro- 
visions peculiar  to  consignment  and 
agency  contracts  and  others  to  sale  con- 
tracts.    L.R.A.1917B,  626. 

Assignability  of  contract  to  supply  such 
quantity  of  goods  as  purchaser  may  re- 
quire in  his  business.    2  B.  R.  C.  444. 

Effect  of  retention  of  title  to  personal  prop- 
erty until  payment  of  purchase  price 
to  characterize  sale  as  executory.  5 
L.R.A. (N.S.)  475. 

§  67.  Agreements  as  to  real  property. 

Construction  of  oil  and  gas  lease,  see  Mines 
III.  c,  2. 

What  constitutes  "satisfactory  title"  with- 
in requirement  of  land  contract  or  other 
agreement  relating  to  land.  18  L.R.A. 
(N.S.)  741. 

Will  real  estate  pass  under  the  word  "ef- 
fects" in  a  written  instrument.  l'> 
L.R.A.(N.S.)  661. 

Destruction  by  decay  rendering  premises 
untenantable  as  within  landlord's  cove- 
nant to  repair.    21  L.R.A.  (N.S.)  130. 

§  68.  Damages    "by    the    elements." 

What   constitutes,    within    the   meaning   of 


CONTRACTS,  III.  d— cont'd 
§   69.  Subscription    contract. 

Subscription    to    corporate    stock,    see   Cor- 
porations, §  77-81a. 
As  to  subscriptions,  generally,  see  Subsckip- 

TIONS. 

Is  a  sub.scription  contract  joint  or  several. 
22  L.R.A.  80. 

§  69a.  Not  to  engage  in  rival  business. 

Entering  another's  business  as  breach  of 
covenant  not  to  engage  in  rival  busi- 
ness. 20  L.R.A. (N.S.)  769;  40  L.R.A. 
(N.S.)  1191. 

• 
IV.  Essential  validity  and  effect, 

a.  In  general;  public  policy. 

§7  0.  Generally. 

Validity  as  affected  by  consideration  gen- 
erally, see  supra,  I.  c. 

Mutuality  as  affecting  validity,  see  supra, 
§  18.' 

Certainty  and  definiteness  as  affecting  valid- 
ity, see  supra,  §§  20,  21. 

Capacity  to  make  valid  contract,  see  supra, 
I.  f. 

Formal  requisites  affecting  validity,  see  su- 
pra, I.  g. 

Validity  as  affected  by  statute  of  frauds,  see 
supra,  I.  g. 

Of  public  contracts,  see  infra,  VIII. 

Validity  of  assignment,  see  Assignment, 
§  9. 

Validity  of  provision  against  assignment, 
see  Assignment,  §  30. 

Validity  of  assignment  for  creditors,  see  As- 
signment FOR  Creditors.  §  14. 

Stipulation  for  attorney's  fees,  see  Attor- 
ney's Fees,  §  2. 

Validity  of  commercial  paper,  see  Bills  and 
Notes,  §§  10-17. 

Validity  of  bond,  see  Bonds. 

Champertous  contracts,  see  Champerty  and 
AIaintenance. 

Validity  of  chattel  mortgage,  see  Chattei. 
Mortgage,  §§  4-6. 

Of  compromise,  see  Compromise  and  Set- 
tlement,  §   6. 

Validity  of  contracts  by  foreign  corporation 
which  has  not  complied  with  conditions 
as  to  doing  business,  see  Corpor.\tions, 
§   148. 

Contract  procured  by  duress,  see  Duress, 
§  4. 

Contracts  between  husband  and  wife,  see 
Husband  and  Wife,  V. 

Validity  of  oral  contract  of  insurance,  sec 
Insurance,  §  43. 

Validity  of  agreement  as  to  rate  of  inter- 
est, see  Interest,  §  19:  Usury. 

As  to  illegal  monopolies  or  trusts,  see  Mo- 
nopoly AND  Combinations 

Validity  of  mortgage,  see  Mortgage.  §§  20- 
24. 

Municipal  contracts,  see  Municipal  Cor- 
porations, §§  53-60. 

Validity    of   conveyance    suspending    power 


of  alienation,  see  Perpetuities. 
contracts   with    stipulations    refer-  i  Contracts  made  on  Sunday,  see  Sunday.  §  4. 
ring  tiiereto.     53  L.R.A.  673.  Usurious   contract,   see  Usury. 

Begin  tviih  this  hoolc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


269 


CONTRACTS,  IV.  a— cont'd 

Of  contract  for  water  supply,  see  Wateks, 

§  in. 

Estoppel  by,  see  Estoppel,  §  11. 
Injunction  against  illegal  contract,  see  In- 
junction, §  12. 

Constitutionality  of  statute  legalizing.  22 
L.R.A.  379. 

iEffect  of  war  on  contracts  with  alien  en- 
emies.   L.R.A.1917C,  662. 

Right  of  partner  to  compensation  under 
express  contract.  17  L.R.A.  (N.S.) 
409. 

Agreement  that  surviving  partner  shall 
have  the  partnership  business  or  prop- 
erty.   L.R.A.1918B,  907. 

Validity  of  agreement  against  right  to  par- 
tition.    16  L.R.A.  220. 

Contract  not  to  protest  against  application 
for  patent  to  public  land.  9  L.R.A. 
(N.S.)    529. 

Effect  of  contract  as  to  standing  timber 
to  pass  title  to  same.  6  L.R.A. (N.S.) 
469;  47  L.R.A. (N.S.)   870. 

Effect  of  express  agreements  or  covenants 
for  lateral  support.  48  L.R.A. (N.S.) 
474. 

Validity  of  agreement  to  transfer  future- 
acquired  property  in  consideration  of 
maintenance.     70  L.R.A.  485. 

Validity  of  agreement  to  pay  money  after 
death  of  promisor.     14  L.R.A.  860. 

Effect  of  extrinsic  promise  to  sign  or  in- 
dorse a  note  or  bill.  33  L.R.A. (N.S.) 
175. 

Validity  of  provision  in  contract  for  pay- 
ment of  money,  that  it  shall  be  payable 
to  obligee  only,  and  not  to  his  estate. 
17   L.R.A.  (N.S.)    1239. 

Validity  of  stipulation  against  assignment 
in  contract  for  payment  of  money.  21 
L.R.A. (N.S.)   597. 

Right  to  duplicate  portrait  or  photograph 
without  the  consent  of  the  person  un- 
der contract  with  whom  the  original 
was  produced.     7  L.R.A.  (N.S.)   362. 

Implied  power  to  incorporate  in  contract 
for  public  work,  a  requirement  that  the 
contractor  shall  pay  laborers  and  ma- 
terialmen. 11  L.R.A. (N.S.)  1028;  46 
L.R.A.  (N.S.)   325. 

Effect  of  agreement  for  set-off  against  hold- 
er of  negotiable  paper  transferred  after 
maturity.     46  L.R.A.  797. 

Validity  of  sale  of,  or  agreement  to  sell 
commercial  paper  to  one  primarily  lia- 
ble thereon.     35   L.R.A.  (N.S.)    820. 

Validity    and    effect   of   stipulation    in    con- 
tract to   renew   on  terms   to  be  agreed 
upon.    32    L.R.A.  (N.S.)    201. 
Validity  and  effect  of  agreement  by  vendor 
to  repurchase  or  permit  a  rescission  of 
the  contract  or  to  resell  the  property, 
at   the   option    of   his   vendee.      L.R.A. 
1917C,  763. 
Validity    of   contract  by   vendor   to    repur- 
chase   vendee's    interest    after    latter's 
default.      35    L.R.A. (N.S.)    544. 
Validity    of   agreement    with    surety    as    to 
custody   or  control   of  trust  fund.      16 
L.R.A.^N.S.)    994. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,   IV.   a— cont'd 

Validity,  in  absence  of  statute,  of  contract 
exempting  property  within  improve- 
ment district  from  special  assessment 
in  consideration  of  acts  done  or  other 
obligations  assumed.  41  L.R.A. (N.S.) 
781. 

Contract  to  levy  taxes  for  particular  pur- 
pose as  affecting  power  or  right  to  levy 
taxes  for  other  purposes.  L.R.A. 
1918B,  886. 

Validity  of  contract  for  detection  of  crime. 
42   L.R.A. (N.S.)    847. 

Contracts  fixing  rates  other  than  those  es- 
tablished in  accordance  witli  interstate 
commerce  act.    38  L.R.A.  (N.S.)  351. 

Contract  to  induce  assent  to  composition 
with  creditors.     27  L.R.A.  36. 

Effect  of  agreement  for  immunity  of  accom- 
plice who  testifies  for  prosecution.  24 
L.R.A. (N.S.)   439. 

Validity  of  contract  to  influence,  by  appar- 
ently disinterested  advice,  the  conduct 
of  a  third  person  to  whom  the  promisor 
owes  no  contractual  duty.  L.R.A. 
1917F,  468. 

Validity  of  contract  to  supply  city  with 
water.     61  L.R.A.  67. 

Agreements  to  arbitrate  in  illegal  con- 
tracts.    47   L.R.A.  (N.S.)    346. 

Validity  of  provision  in  contract  against 
interest.     L.R.A.1916A,  555. 

Validity  of  provision  in  contract  for  in- 
creased rate  of  interest  upon  default. 
L.R.A.1916E,  726. 

Validity  and  character  of  agreements  con- 
temporaneous with  mortgage,  constitut- 
ing clogs  on  equity  of  redemption.  6 
B.  R.  C.  431. 

Validity  of  contract  in  relation  to  real 
property  which  discriminates  against 
persons  because  of  race,  color  or  re- 
ligion.    L.R.A. 1916B,  1208. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void  in 
law.    4  B.  R.  C.  663. 

§  71.  Contract  made  on  holiday. 

Contracts  made  on  Sunday,  see  Sunday, 
§  4. 

Law  of  holidays  as  applied  to  contracts 
other  than  negotiable  instruments.  19 
L.R.A.  317. 

§  72.  Liiability  on  original  contract  as 
affected  by  void  renewal  or  sub- 
stitution. 

In  general.     33  L.R.A.  628. 

Where    the    renewal    is    void    for    forgery. 

33  L.R.A.  628. 
For  want  of  authority.     33  L.R.A,  631. 
For  time,  mode,   and  manner  of  execution. 

33  L.R.A.  632. 
For  disability  of  party.     33  L.R.A.  633, 
For  usury.     33  L.R.A.   633. 
For  other  causes  contrary  to  public  policy. 

33  L.R.A.  635. 

§  73.  Contract  connected  vvitli  illegal 
contract  or  tran.saction. 

Recovery  of  purchase  price  of  property  sold 
for  illegal  purpose,  see  infra,  §  114. 


•270 


INDEX  TO  L.R.A.  NOTES. 


CONTRACT'S,  IV.  a— coufd 

Effect  of  award  upon  claim  arising  out  of 
illegal   transaction.      58   L.R.A.    181. 

New  promise  as  consideration  when  original 
promise  was  illegal.    53  L.R.A.  370. 

Validity  of  new  contract  based  on  compro- 
mise of  illegal  contract.  9  L.R.A. 
(N.S.)    568. 

Is  promise  by  a  third  party  to  pay  claim 
arising  out  of  performance  of  contract 
Iwtween  two  other  persons  tainted  by 
the  illegality  of  that  contract.  28 
L.R.A. (N.S.)  996. 

Effect  of  landlord's  knowledge  that  tenant 
intends  to  use  premises  for  purposes 
of  prostitution.     39  L.R.A. (N.S.)    662. 

§  74.  By  unlicensed  person. 

Effect  of  failure  to  procure  license  for  busi- 
ness on  validity  of  contract  therein. 
16  L.R.A.  423;  12  L.R.A.  (N.S.)  613. 

Extent  of  restriction  on  right  of  unlicensed 

Eerson  to  transact  legal  business.     24 
.R.A.(N.S.)    750. 
Effect  of  contract  bv  unlicensed  teacher.    42 

L.R.A.(N.S.)   412. 
Right  of  unlicensed  person  to  recover  for 

services    rendered   by    licensed    person. 

2  L.R.A.(N.S.)    392;    21  L.R.A.(N.S.) 

176. 
Failure  of  money  lender  to  procure  license 

as   affecting   validity   of    his    contract. 

L.R.A.1915B,  851. 
Burden   of  proof  as   to  physician's  license 

in  suit  to  recover  for  services.    8  L.R.A. 

(N.S.)    1238. 

§  75.  Contracts  in  violation  oi'  statute. 

Contracts  bv  unlicensed  person,  see  supra, 
§  74.     *        • 

Right  to  recover  for  property  sold  for  un- 
lawful use,  see  infra.  §  114. 

Validity  of  contracts  in  business  which  it 
is  a  misdemeanor  to  transact.  12 
L.R.A.(N.S.)    575. 

Conducting  business  in  violation  of  law  aa 
affecting  contract  for  its  sale.  45 
L.R.A. (N.S.)   810. 

V^alidity  of  contract  for  the  sale  of  fertilizer 
where  statutory  regulations  had  not 
been  complied  with.  43  L.R.A. (N.S.) 
1109. 

Contracts  requiring  servant  to  elect  between 
acceptance  of  benefits  out  of  a  relief 
fund  and  a  prosecution  of  his  claims  in 
an  action  for  damages.  48  L.R.A. 
(N.S.)   443,  451. 

Effect  of  discrimination  among  insurants 
upon  the  contract  of  insurance  and  its 
incidents.     49  L.R.A. (N.S.)    147. 

Validity  of  contracts  made  by  individual 
or  partnership  under  an  assumed  name 
in  violation  of  statute.  L.R.A.1915D 
988. 

Liability  of  municipality  or  other  public 
corporation  for  benefits  received  under 
contract  violative  of  statutory  re- 
strictions. 27  L.R.A.(N.S.)  1120;  46 
L.R.A.(N.S.)  921 


Begin  with  this  book  on  every  lata  question. 


CONTRACTS,  IV.  a— cont'd 

Municipal  liability  for  labor  performed  or 
services  accepted  by  it  under  contract 
violating  statutory  or  charter  restric- 
tions on  power  to  contract.  27  L.R.A. 
(N.S.)    1127. 

§  76.  — use  of  leased  premises  in  vio- 
lation of  law. 

Effect  of  landlord's  knowledge  that  tenant 
intends  to  use  premises  in  violation  of 
law.  19  L.R.A.(N.S.)  662;  39  L.R.A. 
(N.S.)    1104. 

§  7  7.  Public  policy  generally. 

Validity  of  claim  against  state  which  is 
contrary  to  public  policy.  42  L.R.A. 
39. 

Estoppel  of  public  corporation  to  deny  valid- 
ity of  contract  in  violation  of  public 
policy.    L.R.A.1915A,  1002. 

Right  to  open  default  judgment  to  let  in 
defense  that  contract  was  against  pub- 
lic policy.     L.R.A.1916F,  860. 

Validity  of  agreement  to  surrender  right  to 
purchase  property  at  private  sale.  44 
L.R.A. (N.S.)    Ilia. 

Validity  of  private  agreement  with  certain 
property  owners  to  obtain  their  con- 
sent to  local  improvement.  50  L.R.A. 
(N.S.)   396. 

Insurance  on  bawdyhouse  or  furniture  there- 
in.    L.R.A.1917B,   257. 

Validity  of  agreement  to  stav  away  from  a 
certain    locality.      L.R.A'.1918A,    1150. 

§   7  8.  Indemnity  contract. 

Validity  of  agreement  to  indemnify  baii 
in  a  criminal  case.  20  L.R.A.(N.S.) 
58. 

§  7  9.  Contracts    of   employment. 

Contract  by  servant  relieving  master  from 
liability  for  injuries,  see  Master  and 
Sebvakt,  §§  52,  53. 

Constitutional   objections   to    convict  labor 

contracts.     L.R.A.1916D,  660. 
Agreements    between    employer    and    trade 

union.     45  L.R.A. (N.S.)"  ]84. 
Contract   to   employ    unioft    labor   only.     2 

L.R.A.(N.S.)      292;     45     L.R.A.  (N.S.) 

564. 
Contracts   for   permanent  employment.     35 

L.R.A.  513;  50  L.R.A.(N.S.)  454. 
Contract  by  employer  to  protect  employees 

from     personal     violence    by     strikers. 

L.R.A.1918C,  929. 
Binding  effect  of  contract   for  services  oi 

pastor.      38    L.R.A.     687;     52     L.R.A. 

(N.S.)    172. 
Validity  of  contract  fixing  minimum  wage 

for  person  emploj^ed  upon  public  work. 

51  L.R.A. (N.S.)   680. 
Validity  under  the  Federal  employers'  lia- 

bilitv  act  of  contract  requiring  notice 

in  writing.     L.R.A.1915F,  551. 

§  80.  —with  attorney. 

As  to  compensation,  see  Attobneys,  §§  20, 
21 ;  Champebty  and  Maintenance. 


INDEX  TO  L.R.A.  KOTES. 


271 


CONTRACTS,  IV.  a— cont'd 

Validity  of  contract  by  attorney  to  secure 
suspension  of  criminal  law  as  to  offens- 
es thereafter  committed.  38  L.R.A. 
(N.S.)    842. 

Right  of  attorney  to  compensation  from 
private  employer  for  assisting  in  prose- 
cution.in  criminal  case.  L.R.A.1916D, 
462. 

Agreement  with  attorney  by  which  compen- 
sation is  dependent  on  success  in  pro- 
curing contract  with  public  officer  or 
board.     L.R.A.1915C,  823. 

§  81.  — with  physician;  for  medical 
services. 

Validity  of  contract  to  pay  attending  phy- 
sician percentage  of  damages  recovered 
for  personal  injury.  33  L.R.A. (N.S.) 
87. 

Validity  of  contract  to  furnish  a  patient 
medical  services  for  life.  28  L.R.A. 
(N.S.)   1112. 

Duty  and  liability  of  one  other  than  a 
physician  or  surgeon,  who  contracts 
to  provide  medical  or  surgical  atten- 
tion to  another.  36  L.R.A.  (N.S.)  50; 
L.R.A.1915D,   884. 

§  82.  Affecting  marriage  relation. 

Living  in  illicit  relations,  see  infra,  §  120. 
Agreements  as  to  divorce  and  separation,  see 

Divorce  and  Separation,  §  58. 
Agreement  as  to  alimony,  see  Divorce  and 

Separation,  §  35. 
Validity  of  marriage,  see  Marriage,  §§  5-7. 

Validity  of  agreement  to  marry  where  one 
of  the  parties  is  alreadv  married.  1 
B.  R.  C.  917;  L.R.A.igiSJB,  68. 

Validity  of  agreement  to  marry  on  death  or 
divorce  of  present  husband  or  wife.  52 
L.R.A.   660. 

Contract  made  to  prevent  attack  upon  di- 
vorce decree.     L.R.A.1917F,  621. 

Contract  between  husband  and  wife  to  com- 
promise pending  or  contemplated  di- 
vorce  suit.     60   L.R.A.   406. 

Validity  of  contract  by  third  person  to  pay 
one  spouse  to  return  to  the  other.  31 
L.R.A.(N.S.)    141. 

Validity  of  agreement  made  after  divorce 
as  a  substitute  for  an  award  of  ali- 
mony.    35  L.R.A. (N.S.)    1167. 

Validitv  of  marriage  brokage  contracts. 
3  B.  R.  C.  643. 

Contracts  in  restraint  of  marriage.  49 
L.R.A. (N.S.)   633;  4  B.  R.  C.  64. 

§  83.  To  pay  debt  of  married  woman. 

Validity  of  husband's  express  promise  to 
pav  d^bt  previously  contracted  by  wife. 
7   L.R.A. (N.S.)    1048. 

Validit}^  of  new  promise  by  woman  after 
discoverture  to  pay  debt  incurred  dur- 
ing coverture.  53  L.R.A.  371;  7  L.R.A. 
(N.S.)  1053;  33  L.R.A.  (N.S.)  741. 

§  84.  To  affect  bid. 

Validity  of  agreement  to  purchase  property 
at  jiidicial  sale  for  joint  benefit, 
38  L.R.A.  (N.S.)    719. 

Consult  also  L.R.A,  Digests  of  Cases. 


CONTRACTS,  IV.  a— cont'd 
§  85.  As  to  patents. 

Validity  of  contract  in  restraint  of  trade 
as  to  patented  articles  without  limita- 
tion of  place.     22  L.R.A.  G74. 

Contract  to  assign  future  inventions  upon 
sale   of   patent.     2   L.R.A.(N.S.)    1094. 

Validity  and  effect  of  agreement  to  pay  roy- 
alties on  device  not  in  fact  covered  by 
a  patent,  but  assumed  to  be  so  covered. 
14  L.R.A. (N.S.)   274. 

Validity  of  contract  for  material  patented 
or  held  in  monopoly  where  a  public  let- 
ting to  the  lowest  bidder  is  required. 
18  L.R.A.  45;  5  L.R.A. (N.S.)  680;  46 
L.R.A.  (N.S.)  990;  L.R.A.1917A,  442. 

§  86.  As  to  wills. 

Validitv  of  agreement  for  bequest  or  devise. 

14  L.R.A.  860. 
Effect    of    agreement   to   give    property    by 

will    upon    right   to    change   will.'     14 

L.R.A.  861. 
Effect  of  agreement  to  give  property  by  will 

on    right   to   transfer   property   during 

life.     14  L.R.A.  861. 
Clauses    in    will    against    public    policy    as 

affecting  right  to   probate.     34   L.R.A. 

(N.S.)    967. 
Validity  of  contract  not  to  contest  probate 

of   will.     13   L.R.A. (N.S.)    484. 
Validity  of  agreement  to  defeat  probate  of 

will.     16  L.R.A.(N.S.)    236;   43  L.R.A. 

(N.S.)   575. 
Validity  and   effect  of  stipulation  of  inca- 
pacity   of    testator.     23    L.R.A.  (N.S.) 

783.  " 
Validity   of    agreement   that   costs    of   con- 
testing a  will  shall  be  paid  out  of  the 

estate.    2  B.  R.  C.  633. 

§  87.  As  to  custody,  control,  and  sup- 
port of  infant. 

Custody  and  support  of  children  generally, 
see  Infants,    §§   6-13. 

In  general.     27  L.R.A.  56;  42  L.R.A.(N.S.^ 

1013. 
Right   of   parent   to   relieve   himself   of   his 
obligations.     27      L.R.A.     56;      42 
L.R.A.  (N.S.)    1014. 
Right  to  revoke.     27  L.R.A.  58;   42  L.R.A. 
I  (N.S.)   1016. 

I  Contract  not  enforced.     27  L.R.A.  59. 
I  Children  restored.     27  L.R.A.  59 :  42  L.R.A. 
(N.S.)    1017. 
Right    under    statute.     27    L.R.A.    59;     42 
I  L.R.A.(N.S.)    1018. 

i  Rights  of  third  person.     27  L.R.A.   60:   .42 
'  L.R.A.  (N.S.)    1018. 

!  Estoppel  of  parent.  27  L.R.A.  60;  42  L.R.A. 
i  (N.S.)    1018. 

I  Child's  welfare  will  be  regarded.     27  L.R.A. 
I  61;   42  L.R.A.(N.S.)    1020. 

Effects  of  child's  choice.     27  L.R.A.  61. 
I  Child  may  enforce  contract.     27  L.R.A.  61. 
Agreement    as    to    residence    of    child.     27 

L.R.A.  61. 
Such  contract,  to  be  enforced,  must  be  clear, 
definite,  and  certain.     42  L.RiA.(N.S.) 
1016. 


272 


INDEX  TO  J..R.A.  NOTES. 


CONTRACTS,  IV.  a— cont'd 
§   93.  With,   or   as   to,    corporations   or 
associations. 

Ultra  vires  contract  of  corporation,  see 
CORI'OKATIONS,  V.  b. 

Foreign  corporation  whicli  has  not  complied 
with  conditions  as  to  doing  business, 
see  Corporations,  §  148. 

Agreements  between  promoters  of  corpora- 
tion.    L.R.A.1!)18E,  839. 

Provision  against  ollicer  being  interested  in 
contract  with  public  as  extending  to 
corporation  of  which  he  is  a  stockliolder 
or  officer.     L.R.A.1917C,  1099. 

Validity  of  agreement  to  abide  by  decision 
of  tribunal  of  associations  or  corpora- 
tions.    49  L.R.A.   372. 

Validity  of  agreement  to  elect  dummy  di- 
rectors.    27  L.R.A.  (N.S.)    658. 

Contracts  between  corporations  having  com- 
mon directors  or  officers.  33  L.R.A. 
788. 

Effect  of  statutes  forbidding  corporate  offi- 
cers, directors,  or  stockholders  to  be  in 
terested  directly  or  indirectly   in  deal- 
ings    with     the     corporation.       L.R.A. 
1916A,  783. 

Validity  of  contract  to  employ  union  labor 
only.     45  L.R.A. (N.S.)   5G4. 

Validity  of  individual  contract  of  director 
to  pay  dividends.     L.R.A.1917A,    1077. 

Public  policy  as  related  to  cominunistic  life 
or  tenure  of  propertj'.  52  L.R.A. (N.S. ) 
459. 

§  94.  — as  to  corporate  stock. 

As  to  voting  trusts,  see  Corporations, 
§  124. 

Validity  of  subscription  for  corporate  stock 
where  subscription  contract  was  illegal. 
33   L.R.A.  597. 

Illegality  of  contract  for  sale  of  corporate 
stock  as  defense  to  action  for  specific 
performance.  50  L.R.A.  508 ;  31  L.R.A. 
(N.S.)    500. 

Agreements  to  control  voting  power  of  cor- 
porate stock.     16  L.R.A. (N.S.)    1136. 

Validity  of  contract  or  option  by  director 
for  purchase  of  stock  of  employee  of 
corporation  upon  discontinuance  of 
employment.     L.R.A.1916D,   1117. 

§   95.  — with   railroad   company. 

As  to  contracts  limiting  carrier's  liability, 
see  Carriers,  §§  28,  29,  91,  128-135. 

Right   of   common   carrier  to   contract   for 
use  of  its  cars  for  advertising  purposes. 
24  L.R.A.  (N.S.)    1010. 
Contract  by  railroad  company  to  maintain 
special    rate    to    a    particular    locality. 
38  L.R.A.(N.S.)   157. 
Validity  of  contract  made  to   influence  lo- 
cation   of    railroad.     21    L.R.A.  (N.S.) 
800. 
Validity  of  contract  which  contemplates  the 
turning  over  by  a  railroad  company  to 
Right  of  alleged  fraudulent  grantee  to  show  I  a  construction   company   of  bonds   and 

that    judgment     against     grantor    was  stocks  of  the  former  of  a  par  value  in 

based  on  an  immoral  consideration.     07  excess  of  the  cost  of  construction.     13 

L.R.A.  602.  L.R.A.(N.S.)    191. 

Ut'otn  with  this  boole  on  cvevy  law  question. 


CONTRACTS,  IV.  a— confd 

§  87h.  —after  or  pending  divorce  suit. 

Custody    and    suppcut   of    divorced    cliildren 
generally,  see  Divorck  and  Separation,  i 
§  55-57. 

Rights  of  divorced  persons  to  contract  as 
to  custody  of  children.  15  L.R.A. 
(N.S.)    744. 

Validity  of  agreement  between  parents  as 
to  custody  and  support  of  child  pend- 
ing divorce.     2   L.R.A. (N.S.)    201. 

§  88.  As  to  expectancy. 
See  ExPEpTANcy,  §§  2,  3. 

§   89.  Special  contracts  and  obligation 

to    pay    in    sold    or    silver. 
Before  legal  tender  act.     29  L.R.A.  512. 
Application  of  legal  tender  act  to  specific 

contracts  for  coin.     29  L.R.A.  512. 
Implied    co^) tracts    or    obligations    imposed 

by  law.     29  L.R.A.  522. 

§  90.  As  to  statute  of   limitations. 

Limitation  of  time  to  sue  on  policy,  see 
Insurance,  §§  207,  208. 

Effect  of  promise  to  pay  on  running  of  limi- 
tations, see  Limitation  of  Actions, 
§§  68-71. 

Effect  on  running  of  limitations  of  agree- 
ment not  to  plead  the  statute.  16 
L.R.A.(N.S.)    645. 

Waiver  or  tolling  of  statute  of  limitations 
or  nonclaim  by  personal  representative 
as  to  an  indebtedness  of  the  estate. 
L.R.A.1915B,  1016. 

§  91.  Threat  of  prosecution;  to  com- 
pound felony. 

Contracts  procured  by  threats  of  prosecu- 
tion of  a  relative.  26  L.R.A.  48:  20 
L.R.A.(N.S.)  484;  37  L.R.A.  (N.S.) 
539;  L.R.A.1915D,  1118. 

Validity  of  agreement  in  settlement  of 
cause  of  action  for  criminal  conver- 
sation.    36  L.R.A. (N.S.)    995. 

Legality  of  contract  to  pay  thief  for  re- 
turn of  stolen  property.  7  L.R.A. 
(N.S.)    175. 

Validity  and  enforceability  of  contract  to 
compensate  the  owner  of  property 
stolen  or  embezzled,  in  absence  of  duress 
or  agreement,  express  or  implied,  to 
stifle  prosecution.     L.R.A. 1915E,  139. 

Effect  of  agreement  to  stifle  prosecution  up- 
on contract  to  pay  existing  indebted- 
ness, or  the  value  of  property  or  money 
feloniously  obtained.  16  L.R. A. ( N.S.) 
•     971. 

Injunction  against  enforcement  of  contracts 
for  compounding  crime.     48  L.R.A.  848. 

§  92.  Immoral  consideration  general- 
ly. 

Right  to  invoke  aid  of  court,  see  infra, 
§  120. 


INDEX  TO  L.R.A.  NOTES. 


273 


CONTRACTS,  IV.  a— cont'd 

Contract  to  pay  an  officer  of  a  railroad 
company  for  his  own  benefit,  condi- 
tioned on  specified  location  of  the  road 
or  a  depot.  6  L.R.A.  (N.S.)  524;  25 
L.R.A.  (N.S.)   967. 

Validity  of  contract  of  railroad  to  es- 
tablish and  maintain  station.  15 
L.R.A.(N.S.)  594;  L.R.A.1916F,  691. 

Validity,  as  affected  by  public  policy,  of  con- 
tract by  railroad  company  to  maintain 
private  sidings.     17   L.R.A.(N.S.)    130. 

Contract  exempting  railroad  company  from 
liability  for  burning  building  upon  its 
right  of  way.    44  L.R.A. (N.S.)   1127. 

§  9  6.  —with   street  railway. 

Eflfect  on  liability  of  street  railway  for  pav- 
ing assessments  of  agreement  at  time 
of  extending  tracks.     46  L.R.A.  196. 

§9  7.  Contracts    against    liability. 

Validity  of  carrier's  limitation  of  liability, 
see  Carriers,  §§  28,  29,  91,  128-135. 

Validity  of  agreement  by  servant  relieving 
master  from  liability  for  injuries,  see 
Master  and  Servant,  §§  52,  53. 

Contract  limiting  liability  of  telegraph  com- 
pany, see  Telegraphs,  §§  20,  21. 

Contract  exempting  railroad  company  from 
liability  for  burning  building  upon  its 
right  of  way.     44  L.R.A.  (N.S.)    1127. 

§  9  7a.  Agreements  tending  to  influ- 
ence elections  or  appointment  to 
oflice. 

Agreements   tending  to   influence   elections. 

51   L.rv.A.(N.S.)  549. 

Agreements  tending  to  influence  appoint- 
ments to  office.  51  L.R.A. (N.S.)   554. 

§   98.  Affecting  official  action. 

Contracts    to    procure    location   of   railroad 

or  station,  see  supra,  §  95, 
Contract  to   influence   action   of  officer,   see 

infra,    §    100. 
Contract  to  influence  legislation,  see  infra, 

§   102. 

Validity  of  contract  as  affected  by  the  fact 
that  its  performance  may  involve  the 
necessity  of  procuring  some  action  by 
public  officials.     18  L.R.A. (N.S.)    1161. 

Validity  of  agreement  by  which  compen- 
sation is  dependent  on  success  in  pro- 
curing contract  with  public  officer  or 
board.  39  L.R.A.  (N.S.)  747;  L.R.A. 
19] 5C,  823. 

Validity  of  contract  to  procure  pardon, 
parole,  or  commutation  of  sentence. 
L.R.A. 1916D,  580. 

Validity  and  efl"ect  of  agreement  among 
banks  to  prevent  competition  for  de- 
posits of  public  money.  14  L.R.A. 
(N.S.)    1052. 

Contract  as  to  location  of  public  buildings. 
4  L.R.A.(N.S.)   589;  L.R.A.1916D,  727. 

§  99.  Contracts   with   public   officers. 

Contracts  affecting  appointment  or  election 

to  office,  sec  supra,  §  97a. 
Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  IV.  a— cont'd 

Liability  of  public  oflicers  on  contracts 
made  bv  them  for  the  public.  15  L.R.A. 
509;  43  L.R.A.  (N.S.)    565. 

Charging  public  official  with  graft  in  pub- 
lic contracts  as  libel  or  slander.  5 
L.R.A.(N.S.)     498. 

Validity  of  contract  by  public  officer  to 
furnish  police  protection.  45  L.R.A. 
(N.S.)    38. 

§  99a.  — as   to   compensation. 

Validity  of  contract  as  to  fees  in  viola- 
tion of  law.     12  L.R.A.  (N.S.)    612. 

Agreement  to  pay  more  than  legal  salary 
or  fees  of  public  officer  or  employee. 
L.R.A.1917C,  1093. 

Promise  to  accept  less  than  compensation 
fixed  by  law  as  aft'ecting  right  to  hold 
office.     L.R.A.1917B,  196. 

Agreement  to  accept  less  than  amount  of 
appropriation,  salary  or' fee.  36  L.R.A. 
(N.S.)    244;  L.R.A.1917B,  190. 

Validity  of  agreement  to  divide  fees  or 
salary  of  public  officer.  43  L.R.A. 
(N.S.)   422. 

§   100.  — to  influence  action. 

Contract  to  influence  legislation,  see  infra, 
§  102. 

§  100a.  — contract  in  which  officer  is 
personally    interested. 

Provision  against  officer  being  interested  in 
contract    with    public    as   extending    to 
corporation  of  which  he  is  a  stockholder 
or  officer.     L.R.A.1917C,  1099. 
Power    of   an   officer   to   contract    with    the 
public  body  or  municipality  which 
he  represents.     15  L.R.A.  520. 
Obligation  of  municipality  to  pay  for  prop- 
erty purchased  from  an  officer  or  mem- 
ber  of  board    intrusted  with   the  duty 
of  making  purchases.     9  L.R.A. (N.S.) 
1014. 
Liability    of    municipality    or    other    public 
corporation  on  contract  invalid  because 
executed   with    officer    of   municipality. 
27  L.R.A.(N.S.)   1123;  46  KR.A.CN.S!) 
921. 
Obligation  of  public  corporation  to  pay  for 
services    rendered    under    contract 
in   which   officer   is   personally    in- 
terested.     34   L.R.A.  (N.S.)    129. 
Effect  of  indirect  interest  of  public  ofiicer 
in  performance  of  contract  for  construc- 
tion of  public  improvement.     50  L.R.A. 
(N.S.)   1140. 
Appointment  of  member  of  body  having  ap- 
pointive power.     31  L.R.A.  (N.S.)    575. 
Power  of  municipal  board  or  committee  to 
employ  one  of  its  own  members  as  coun- 
sel or  to  render  other  special  services. 
3  L.R.A. (N.S.)    849. 

§  100b.  —  for  period  extending  beyond 
term   of  office. 

Power  of  public  officers  to  make  contracts 
binding  on  their  successors,  or  for 
a  term  of  vears.     16  L.R.A.  257. 
18 


274 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  IV.  a— cont'd 
Power    of    board    to    appoint   officer    or    to 
make  a  contract  for  term   extend- 
ing   beyond     its    own     term.       2!) 
L.R.A.(N.S.)      052;      L.R.A.1915E, 
581. 
May  officer  raalce  a  prospective  appointment 
the  terra  of  wliich  cannot  begin  until 
after   his   own- term    has   expired.     26 
L.R.A.(N.S.)    514. 

§   101.  —for  purchase  or  sale  of  office. 

Validity  of  agreement  made  in  considera- 
tion of  withdrawal  of  candidacy  for 
office.      37    L.R.A.(N.S.)    289. 

Injunction  against  enforcing  contract  to 
ol)tain  office.     48  L.R.A.  842. 

g  102.  For  services  to  procure  or  de- 
feat legislation. 

Generally.  30  L.R.A.  737;  4  L.R.A.(N.S.) 
213.*^ 

Condemnation  of  such  contracts  generally. 
30  L.R.A.  738. 

Contracts  for  legitimate  professional  serv- 
ices upheld.     30  L.R.A.  738. 

Contingent  fee  makes  contract  void.  30 
L.R.A.  738. 

Contract  for  personal  influence  or  lobby 
services.     30  L.R.A.  739. 

Application   of   rules.     30   L.R.A.   741. 

Power  of  municipality  or  governmental  body 
to  use  public  funds  to  pay  for  services 
in  promoting  the  passage  or  securing 
the  defeat  of  a  law.    L.R.A.1917B,  358. 

§  103.  Contract   to   procure   testimony. 

Generally.    19  L.R.A.  371;  19  L.R.A.(N.S.) 

372;     30     L.R.A.  (N.S.)      278;     L.R.A. 

1918F,  1101. 
Contracts    for     evidence    to    a    particular 

eflect.      30    L.R.A.(N.S.)     278;    L.R.A. 

1918F,  1101. 
Agreements   for   disclosure  of   information. 

19   L.R.A.   372;    30   L.R.A. (N.S.)    279. 
Agreements     for     ascertaining     facts.       30 

L.R.A.(N.S.)    279;    L.R.A.1918F,    1102. 
Agreements  with  witnesses   generally.      19 

L.R.A.  373. 
Agreements    to    pay    witnesses    extra    com- 
pensation. 30  L.R.A. (N.S.)  280;  L.R.A. 

1918F,  1102. 
Agreements     with     expert    witnesses,       30 

L.R.A.  (N.S.)    281;    L.R.A.1918F,   1102. 

§  103a.  Contracts  as  to  place  of  ac- 
tion. 

Validity  of  provision  in  contract  as  to  place 
where  action  may  be  brought.  L.R.A. 
1916D,  696. 


h.  Fraud;  unfair  advantage. 

§   104.  Generally. 

Enforceability  of,  or  relief  from,  see  infra, 

§  119. 
Fraud  as  ground  for  rescission,  see  infra, 

§  153. 
Rescission  of  sale  of  personalty  for  fraud, 

see  Sale,  §  67. 


CONTRACTS,  IV.  b— cont'd. 

Rescission  of  contract  for  sale  of  land  for 

fraud,    see    Vendor    and    Purchaser, 

§§   22-25. 
Contract     with      intoxicated     person,     see 

Drunkenness,  §§  3,  4. 
As   to    what  constitutes   fraud,   see    Fraud 

AND  Deceit,  §§  4-12. 
Conveyances     in     fraud     of     creditors,     see 

Fraudulent    Conveyances. 

c.  Gambling  and  wagering  contracts. 

§   105.  Generally. 

Enforcement  of,  or  relief  from,   see   infra, 

§  115. 
As  to  betfcing,  see  Betting. 
Conflict   of   laws   as   to,   see   Conflict   of 

Laws,   §   4. 
Criminal  liability  for  gaming,  see  Gaming, 

II. 
Validity  of  wagering  policy,  see  Insurance, 

IV. 

Legality  of  wagers.    18  L.R.A.  859. 

Effect  of  transfer  of  negotiable  instruments 
to  secure  money  for  gambling  purposes, 
22  L.R.A. (N.S.)    627. 

Negligence  of  telegraph  company  causing 
discontinuance  of  contract  terminable 
at  pleasure  of  other  party  thereto  as 
ground  of  liability.  29  L.R.A. (N.S.) 
891. 

Validity  of  new  contract  based  on  compro- 
mise of  illegal  contract,  9  L.R.A. 
(N.S.)  568. 

Effect  of  award  founded  on  gambling  agree- 
ment.    58  L.R.A.  182. 

Right  of  party  to  gambling  contract  to  tes- 
tify as  to  his  intent.  23  L.R.A. (N.S.) 
398. 

§  106.  Dealings  in  futures  or  on  mar- 
g:ln. 

Relief  from,  see  infra,  §  116. 
Transactions  in  bucket  shops,  see  Bucket 
Shop. 

Effect  of  award  based  on  transactions  in. 
.      .'iS    L.R.A.    182, 

Conflict  of  laws  as  to  dealings  in.  64 
,     L.R.A.  160. 

Contracts  for  futures  to  be  executed  in  oth- 
er states  as  interstate  commerce.  14 
L.R.A.  (N.S.)    1081. 

Right  of  broker  to  recover  commission  or 
advance  in  furthering  wagering  con- 
tracts.    11  L.R.A. (N.S.)   575. 

Inference  as  to  character  of  transaction, 
arising  from  fact  that  it  was  on  mar- 
gin.    22  L.R.A.(N.S.)    174. 

d.  In  restraint  of  trade. 

§   107.  Generally. 

Enforcement  of,  or  relief  from,  see  infra, 
§   117. 

Breach  of  contract,  see  infra,  §  131a. 

Validity  of  agreements  between  druggists, 
see  Drugs  and  Druggists,  §  6. 

Contract  not  to  engage  in  practice  as  phy- 
sician, see  Physicians  and  Surgeons, 
S   4. 


Begin  with  this  hooTx  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  IV.  d— cont'd 
As    to    illegal    monopolies    and    trusts,    see 
Monopoly  axd  Combixatioxs. 

Validit}^  of  agreement  to  sell  entire  output. 
7  B.  E.  C.  551. 

Validity  of  contracts  in  restraint  of  trade 
without  limitation  of  place.  22 
L.R.A.  673. 

Contract  by  selling  sliaroholder  not  to  en- 
gage in  business  in  competition  with 
corporation.     2-3   L.R.A.(N.S.)    500. 

Validity  of  contract  giving  one  an  exclusive 
right  to  handle  goods  in  a  given  lo- 
cality.    9  L.R.A.(N.S.)    501. 

Validity  of  agreement  to  patronize  particu- 
lar concern  exclusively.  42  L.ll.A. 
(N.S.)   843. 

Validity  of  stipulation  to  discontinue,  or 
not  to  engage  in,  a  particular  business, 
when  not  ancillary  to  a  lawful  con- 
tract.    6  L.R.A.(N.S.)   847. 

Effect  of  incorporation  of  business  by  cov- 
enantee on  contract  not  to  engage  in 
certain  business.     9  L.R.A.(N.S.)    979. 

Agreements  collateral  to  contracts  forming 
illegal  combinations,  and  the  enforce- 
ment thereof  bv  meml)ers  of  such  com- 
binations.    41  L.R.A.(N.S.)    1034. 

Provision  in  lease  or  deed  against  using  or 
leasing  other  property  for  competing 
business.     L.R.A.1918E,   665. 

Provision  in  lease  the  purpose  of  which 
is  to  assure  lessee  an  exclusive  right 
to  conduct  a  certain  business  on  prem- 
ises owned  by  lessor.  L.R.A.1915C, 
855. 

§   108.  Partial  restraint. 

Divisibility  in  respect  of  time  or  territorial 
extent    of    contracts     in     restraint    of 
trade.     24  L.R.A.  (N.S.)    942. 
Validity  of  agreement  in  restraint  of  trade 
or  profession  as  affected  by  its  ter- 
ritorial   scope.      24    L.R.A.  (N.S.) 
913;  L.R.A.1916C,  626. 
Agreement  by  employee  not  to  engage 
in   competing  business.     24  L.R.A. 
(N.  S.)   933;  40  L.R.A. (N.S.)   473. 

§   109.  Agreements    by    employee. 

Enforcement  of,  or  relief  from,  see  infra, 
§   118. 

Contracts   for   permanent   employment.     35 

L.R.A.  512;  50  L.R.A.  (N.S.)' 453. 
Validity  of  agreement  by  employee  not  to 
engage   in  business  iu   competition 
with  employee.   6  L.R.A.  (N.S.)  892. 
As  affecting  bv  its  scope  in   time  and 
territoriarextent.    24  L.R.A. (N.S.) 
933;  40  L.R.A. (N.S.)    473. 
Entering   another's   employment   as   breach 
of    covenant    not    to    engage    in    rival 
business.     20  L.R.A.  (N.S.)   769. 
Validity  of  contract  restraining  practice  of 
one's    profession    after    expiration    of 
term  of  service  with  another.    26  L.R.A. 
(N.S.)    961. 

e.  Ratification. 

§   110.  Generally. 

Ratification   of   public    contract,    see    infra, 

§  163. 
Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,   IV.  e— cont'd. 

By  corporation,  see  Coeporations,  §  34. 

Rati/ieation  of  agent's  contract,  see  Prix- 
cicAL  AXD  Agent,  §§  28-31. 

Of  contract  between  corporations  having 
common  directors  or  officers.  33  L.R.A. 
790. 

Of  contract  to  supply  city  with  water.  61 
L.R.A.  74. 

Of  sale  of  expectancy  by  prospective  heir. 
33  L.R.A.  283. 

Of  contract  made  with  intoxicated  person. 
54  L.R.A.  448;  25  L.R.A. (N.S.)  600: 
L.R.A.1915B,  1123. 

Of  invalid  sale  of  pledged  property.  43 
L.R.A.  700. 

Necessity  and  effect  of  ratifying  sale  or 
mortgage  of  future  crops.  23  L.R.A. 
453. 

Of  real  estate  broker's  acts  in  finding  pur- 
chaser or  effecting  exchange  of  pur- 
chaser's property.     44  L.R.A.  618. 

Ratification  by  school  district  of  unauthor- 
ized contracts.     20  L.R.A.  130. 

Necessity  of  consideration  to  sustain  ratifi- 
cation of  unauthorized  alteration. 
39  L.R.A. (N.S.)   131. 

§    m.  Of   married   woman's   contraet. 

Husband's  liability  by  reason  of  ratifica- 
tion for  wife's  purchases  on  his  credit 
of  articles  for  personal  use.  65  L.R.A. 
549;  47  L.R.A.(N.S.)  282. 

By  husband's  express  promise  to  pay  debt 
contracted  by  wife.  7  L.R.A. (N.S.) 
1048. 

By  woman's  promise  after  discoverture  to 
pay  debt  incurred  during  coverture.  7 
L.R.A.  (N.S.)    1053. 

/.  Relief  from,  on  enforcement  of. 

§   112.  Generally. 

In  case  of  foreign  corporation  not  comply- 
ing with  statutory  requirements,  see 
Corporations,  §  148. 

Actions  on  contracts  generally,  see  infra, 
VII. 

Injunction  against  enforcing  illegal  con- 
tract.    48  L.R.A.  842. 

Invalidity  of  contract  as  ground  for  in- 
iunction  against  judgment  on.  31 
L.R.A.  758. 

Invalidity  of  contract  as  ground  for  in- 
right  of  innocent  third  person  to  en- 
force it.     L.R.A.1917C,  586. 

Maxim  that  one  must  come  into  equity  witli 
clean  hands  as  affecting  one  who  has 
violated  or  induced  another  to  violate 
an  invalid  contract.  L.R.A.1915A, 
820. 

Power  of  court  to  require  accounting  be- 
tween members  of  partnership  which  is 
illegal  or  void  or  which  has  been  en- 
gaged in  illegal  business.  23  L.R.A. 
(N.S.)   478;  L.R.A.1917A,  446. 

Right  of  principal  who  has  placed  money  in 
hands  of  agent  for  illegal  purpose  tf> 
compel  its  return.  13  L.R.A. (N.S.) 
267. 


276 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  IV.  f— cont'd 

Pursuit  of  remedies  on  contracts  in  busi- 
ness  which     it     is    a    misdemeanor   to 
transact.     12  L.R.A.(N.S.)   (i'iO. 
Right  to  refuse  payment  of  draft  the  pro- 
ceeds  of  which   are   used   in   an   illegal 
transaction.     39  L.R.A.(N.S.)    1005. 
Right  of  vendor  in  conditional  sale  to  re- 
cover    property     as     affected     by     his 
knowledge  that  the  purchaser  intended 
to   make   an   unlawful   use   of   it.     40 
L.R.A.(N.S.)   967. 
Right  to  maintain  action  for  prize  offered 
in  prize  contest.     33  L.R.A.(N.S.)   305. 

Right  of  subscriber  to  lottery  scheme  to  re- 
cover his  subscription.  16  L.R.A.  (N.S.) 
671. 

Right  to  recover  on  quantum  meruit  for 
service  performed  or  materials  fur- 
nished under  express  contract,  invalid 
because  the  minds  of  the  parties  did 
not  meet  as  to  its  terms.  26  L.RJ^. 
(N.S.)    810. 

Right  of  attorney  to  recover  on  quantum 
meruit  for  services  rendered  under  il- 
legal or  champertous  contract.  2 
L.R.A.(N.S.)  261;  38  L.R.A.(N.S.) 
1202. 

Effect  of  solicitation  of  business  by  attor- 
ney to  render  contract  of  employment 
obtained  thereby  unenforceable.  L.R.A. 
1917B,  1129. 

Effect  of  illegality  in  contract  on  right  to 
recover  loss  of  profits  from  breach. 
53  L.R.A.  111. 

Effect  of  illegality  of  contract  on  rights  of 
beneficiaries  in  contractor's  bond  to 
owner  against  sureties.  27  L.R.A. 
(N.S.)  597. 

Effect  of  illegality  of  contract  of  sale  or 
purchase  on  right  to  recover  profits  lost 
by  breach.     52  L.R.A.  260. 

Right  to  recover  back  money  loaned  for  the 
purpose  of  being  used  in  an  illegal 
transaction,  or  with  knowledge  of  bor- 
rower's intention  so  to  use  it.  L.R.A. 
1918C,  247. 

Right  to  recover  back  money  paid  to  sup- 
press a  threatened  prosecution  for  a 
crime.    L.R.A.1918C,  73. 

Recovery  of  money  loaned  a  county  on  in- 
valid contract  to  pay  its-  indebtedness. 
15   L.R.A.(N.S.)    567. 

Oblijration  of  municipality  to  pay  for  prop- 
erty purchased  from  an  officer  or  mem- 
ber of  board  intrusted  with  the  duty  of 
making  purchases.  9  L.R.A.(NS) 
1014.  ' 

Liability  ot  municipality  or  other  public 
corporation  on  contract  invalid  because 
executed  with  officer  of  municipality 
27  L.R.A.(N.S.)  1123;  46  L.R.A. (N.S.)' 
921.  ' 

Equitable  enforcement  for  limited  time  to 
prevent  public  inconvenience,  though 
contract  is  against  public  policv.  1 
L.R.A.  (N.S.)    1032.  ^ 

Recovery  on  contract  for  sale  of  fertilizer 
where  statutory  regulations  had  not 
been   complied  with.     43   L.R.A. (N.S  ) 

no9. 

Begin  with  this  boolc  on  every  law  question. 


CONTRACTS,  IV.  f— cont'd 

Right  of  maker  or  indorser  of  bill  or  note 
for  illegal  consideration  to  affirmative 
relief.     L.R.A.1918D,  941. 

Right  to  quantum  meruit  for  services  ren- 
dered under  parol  contract  unenforce- 
able liccause  not  to  be  performed  with- 
in year.     L.R.A. 1916D,  895. 

Parol  evidence  to  sliow  that  instrument  was 
intended  to  operate  as  a  mortgage  or 
pledge  where  party  to  written  instru- 
ment importing  an  absolute  conveyance 
seeks  relief  on  ground  of  fraud,  acci- 
dent or  mistake.    L.R.A.1916B,  31. 

§   113.  Doctrine   of   in    pari    delicto. 

Application  of  doctrine  in  pari  delicto  where 
rescission  of  Sunday  contract  is  sought. 
L.R.A.1917D,  450. 

Allowing  injunction  in  favor  of  party  in 
pari  delicto  against  enforcing  or  other- 
wise proceeding  against  illegal  con- 
tract.    48  L.R.A.  842. 

Injunction  against  negotiation  of  note 
where  parties  are  in  pari  delicto.  28 
L.R.A.  579. 

Effect  of  rule  as  to  parties  in  pari  delicto 
where  note  is  transferred  to  a  bona  fide 
holder.     27  L.R.A.  520. 

Effect  of  the  doctrine  in  pari  delicto  on 
remedies  which  parties  to  an  ultra 
vires  contract  are  entitled  to  pursue 
apart  from  an  action  on  the  contract 
itself.    L.R.A.1917A,  1045. 

Remedies  on  contracts  in  business  which  it 
is  a  misdemeanor  to  transact  where 
both  parties  are  in  pari  delicto.  12 
L.R.A.(N.S.)    620. 

§  114.  Recovery  of  purchase  price  of 
property  sold  for  tinlawful  pur- 
pose. 

Goods  sold  to  smugglers.  15  L.R.A.  834. 
Sales  in  aid  of  rebellion.  15  L.R.A.  834. 
Sales   in  aid  of  lotteries  or  gaml)ling.     15 

L.R.A.  836. 
Sales    of    intoxicating    liquors    for    illegal 

uses.     15  L.R.A.  83(5. 
Sale  of  goods  to  keeper  or  inmate  of  house 

of  ill-fame.     L.R.A.1917B,  1168. 

§   115.  Gambling  and  wager  contracts. 

Injunction  against  enforcement  of  betting 
and  gambling  contracts.    48  L.R.A.  844. 

Injunction  against  judgment  for  gambling 
debts.     30  L.R.A.  240;  31  L.R.A.  759. 

Right  of  broker  to  recover  commissions  or 
advances  made  in  furthering  wagering 
contract.     11  L.R.A. (N.S.)   575. 

Right  to  recover  back  money  loaned  for  the 
purpose  of  being  used  in  wagering 
transaction  or  with  knowledge  of  bor- 
rower's intention  so  to  use  it.  L.R.A. 
1918C,  247. 

Liability  of  stakeholder  or  depositary  of 
funds  to  be  held  in  connection  with  il- 
legal transaction.     L.R.A.1918F,  972. 

§116.  —contract  as  to  futures. 

Right  of  principal  who  has  placed  money  in 
hands  of  broker  for  dealing  in  futures 
to  compel  its  return.  13  L.R.A. (N.S.) 
267. 


INDEX  TO  L.R.A.  NOTES. 


277 


CONTRACTS,  IV.  f— cont'd 

§   117.  Contracts  in  restraint  of  trade. 

Restraining  use  of  secrets  of  trade.  IS 
L.R.A.   (552. 

Power  to  prohibit  stipulation  forbidding 
purchaser  to  liandle  goods  of  other 
dealers.     11    L.R.A.  (N.S.)    908. 

Effect  of  invalid  provision  for  an  exclusive 
agency  upon  right  to  recover  for  goods 
purchased  under  the  contract.  6  L.R.A. 
(N.S.)   547. 

Injunction  to  prevent  breach  of  stipulation 
to  handle  or  use  the  product  of  one 
producer    only.      10    L.R.A. (N.S.)     475, 

Remedy  by  injunction  to  restrain  the  viola- 
tion of  an  agreement  not  to  practice 
medicine  or  surgery  within  a  certain 
territory.     L.R.A.1915B,  206. 

§   118.  —agreements    by    employee. 

Injunction  against  breach  of  contract,  see 
IXJUXCTION,   §   14. 

Is  servant  bound  by  restrictive  provision 
against  conducting  rival  business  where 
he  is  ■wrongfully  discharged.  1  B.  R. 
C.  502. 

§119.  Frautl. 

Fraud   as  ground   for   rescission,   see  infra, 

§  153. 
Relief   or   remedies   in   case   of   transfer   in 

fraud    of    creditors,    see    Fraudulent 

Conveyances,  §§  24-26. 

Failure  to  read  contract  as  affecting  right 
to  assert  fraud  in  respect  thereto.  6 
L.R.A.  (N.S.)   463;  L.R.A.1917F,  637. 

Relief  to  party  defrauded  by  fraudulent 
scheme,  where  he  went  into  it  with  in- 
tent to  defraud  others.  5  L.R.A.  ( N.S. ) 
906. 

Secret  bonus  to  officer  or  director  of  corpo- 
ration as  affecting  right  to  enforce  con- 
tract against  corporation.  7  L.R.A. 
(N.S.)    467. 

Eight  to  recover  on  quantum  meruit  for 
conveyed  to  avoid  nonexistent  or  un- 
founded demand.    1  L.R.A.  (N.S.)    1007. 

Right  to  recover  on  quantum  meruit  for 
services  performed  or  materials  fur- 
nished under  express  contract  invalid 
because  the  minds  of  the  parties  did 
not  meet  as  to  its  terms.  26  L.R.A. 
(N.S.)   810. 

Parol  evidence  to  show  that  instrument  was 
intended  to  operate  as  a  mortgage  or 
pledge  where  party  to  written  instru- 
ment importing  an  absolute  conveyance 
seeks  relief  on  the  ground  of  fraud. 
L.R.A. 1916B,  31. 

§  12  0.  Parties  living  in  Illicit  rela- 
tions. 

Right  to  recover  for  household  services 
rendered  while  parties  were  living 
in  illicit  relations.  29  L.R.A. 
(N.S.)    787;  L.R.A.1917B,  683. 

Right  to  invoke  aid  of  court  to  determine 
rights  to  property  accumulated  in 
common  by  parties  living  in  illicit 
relations.      36    L.R.A.  (N.S.)     838. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  IV.  f— cont'd 

Right  to  recover  what  has  been  paid  or 
transferred  in  consideration  of  illicit 
relations.     47  L.R.A. (N.S.)   592, 

F.    Perfortnanee ;    breach, 
a.  In  general. 
1.  Generally. 

§    121,  Generally. 

As  to  special  agreement  to  pay  in  gold  or 

silve'r,  see  supra,  §  89, 
Performance  of  broker's  contract,  see  Brok- 

KRS,  §  12, 
Of  contract  of  transportation,  see  Carriers, 

§§  36-48, 

Compliance  by  insured  with  provision  in 
lire  policy  as  to  keeping,  producing,  and 
preserving  books  and  papers.  51 
L.R.A.  700,  703,  712. 

Admissibility  of  books  of  account  to  prove. 
52   L.R.A.   714, 

Performance  of  contract  for  permanent  em- 
ployment, 35  L,R,A,  516;  50  L,R,A. 
(N.S.)   453. 

Right  of  one  who  completes,  in  disregard  of 
notice  to  desist.     16  L.R.A,  655, 

Guaranty  of  performance  of  contract  of 
agency.     16  L.R.A. (N.S.)    369. 

Liability  of  infant  for  tort  in  performance 
of  contract,  57  L.R,A,  680;  35  L,R,A. 
(N.S.)   574. 

Necessity  of  perfecting  title  before  time  for 
performance  in  order  to  hold  vendee 
3  L.R.A. (N.S.)    103. 

Gift  as  a  fraud  on  contract  to  will  prop- 
erty,    20  L,R.A.(N,S,)    1154, 

Mandamus  to  compel  municipality,  officer, 
or  board  to  perform  duty  resting  in 
contract  alone.     20   L.R.A. (N.S.)    801. 

Pleading  performance  or  readiness  to  per- 
form contract  in  action  for  damages  for 
wrongful  discharge  of  servant.  6 
L.R.A.(N.S,)    67, 

§   122.  Recovery  for  extra  work. 

On  building  contract,  see  infra,  §  134. 
Servant's    right    to    compensation    for,    see 
Master  and  Servant,  §  27. 

Right  of  partner  to  compensation  for  ex- 
traoidinary  services,  17  L.R.A. (N.S,) 
385;  L,R.A.1917F,  575. 

2.  Excuse  for  failure  to  perform. 

§123,  Generally. 

Of  building  or  construction  contract,  see 
infra,  §  135, 

Excuses  for  noncompliance  with  special  con- 
tract as  to  delivery  of  telegram,  53 
L.R.A.  736. 

Excuse  for  failure  of  grantee  to  perform 
agreement  to  support.  L.R.A.1917E, 
658. 

Imprisonment  of  one  of  the  parties  to  a  con- 
tract as  affecting  rights  and  obligations 
thereunder.     L.R.A.1917F,  628. 


:78 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  V.  a,  2— cont'd 
Construction  and  effect  of  "strike"'  clause  in 

contract  of  sale  and  delivery.    9  L.R.A. 

(X.S.)    1187. 
Effect   upon   contract   obligation   of   failure 

of  third  person  to  take  action  essential 

to  performance.     33  L.R.A.{N.S.)    698. 

i   124.  Impossibility  of  performance. 

Effect  of  inability  to  perform  on  right  to 
specific  performance,  see  Specific  Peb- 

FOBMANCE,  §  20. 

Effect  of  intervening  impossibility  to  per- 
form.    14  L.R.A.  215;  L.R.A.1916F,  10. 

Imprisonment  of  one  of  the  parties  to  a  con- 
tract as  affecting  right  and  obligations 
thereunder.    L.R.A.1917F,  628. 

§  124a.  —passage  of  statute. 

Effect  of  passage,  before  expiration  of  time 
for  performance  of  contract,  of  statute 
rendering  performance  impossible.  10 
L.RJ^.(N.S.)  415;  41  L.R.A.(N.S.) 
559;  L.R.A.1916F,  66. 

Effect  on  lease  of  property  for  saloon  of 
passage  of  prohibitory  laws  during  the 
term.  23  L.R.A.(N.S.)  497;  34  L.R.A. 
(N.S.)  773;  L.R.A.1917C,  935. 

Rights  and  remedies  where  agreement  by 
carriers  to  issue  passes  is  impossible  of 
performance  because  of  subsequent  leg- 
islation.    49   L.R.A.  (N.S.)    848. 

§   125.  — siclvness  or  death. 

Termination  of  contract  of  employment  by 
death  of  party,  see  Master  and  Sebv- 
ANT,  §  37. 

Sickness  or  physical  disability  as  excuse  for 
nonperformance  of  contract.  14  L.R.A. 
217;  L.R.A.1916F,  79. 

Recovery  for  services  interrupted  by  sick- 
ness or  death.     16  L.R.A.  858. 

Effect  on  contract  of  the  death  of  a  party 
thereto.  23  L.R.A.  707;  45  L.R.A. 
(N.S.)   349. 

§  126.  Prevention  or  hindrance  by 
other  party. 

Nonperformance  of  condition  precedent  as 
exonerating  other  party.  30  L.R.A. 
39. 

Excuse  for  not  performing  conditions  prece- 
dent to  rescission  or  abandonment  for 
other  party's  default.    30  L.R.A.  40. 

Effect  of  preventing  performance  on  right 
to  recover  for  profits  lost  by  breach 
of  contract.     53  L.R.A.  59. 

Right  to  rescind  or  abandon  partially  per- 
formed contract  for  other  party's  de- 
fault.    30  L.R.A.  47. 

Right  of  grantor  to  rescind  deed  executed  in 
consideration  of  future  support  where 
performance  by  grantee  is,  without 
fault  on  his  part,  prevented  bv  grantor, 
25  L.R.A.(N.S.)   932. 

Effect  of  grantor  leaving  place  of  perform- 
ance as  excuse  for  failure  of  grantee  to 
perform  agreement  to  support.  L.R.A. 
1917E,  659. 

Begin  ivith  this  booJ;  on  evei'y  law  question 


CONTRACTS,  V.  a,  2— cont'd 

Right  to  rescind  or  ahiuulon  contract  be- 
cause of  failure  or  inability  of  other 
party  to  perform  witliin  time  desig- 
nated, where  time  is  not  of  the  essence 
of  the  contract.     21  L.R.A.(N.S.)    691. 

Failure  of  buyer  to  furnish  receptacles  as 
provided  in  contract.  L.R.A. 1916D, 
730. 

3.  Incomplete  performance;  sufficiency 
of  performance. 

§  12  7.  Generally. 

Of  building  or  construction  contract,  see 
infra,  §§  136-138. 

Substantial  performance  by  employer  of 
contract  for  permanent  employment. 
35  L.R.A.  516. 

Effect  of  partial  performance  of  contract  to 
obviate  lack  of  mutuality.  8  L.R.A. 
(N.S.)   433. 

Right  to  rescind  or  abandon  partially  per- 
xormed  contract  for  other  party's  de- 
fault.    30  L.R.A.  47. 

Sufficiency  of  performance  by  contractor 
agreeing  to  dig  well  as  to  the  quantity 
or  quality  of  water  furnished  thereby. 
L.R.A.1918A,  1087. 

Effect  of  partial  performance  on  relief  of 
grantor  in  conveyance  in  consideration 
of  agreement  to  support,  which  is 
broken  by  grantee.  43  L.R.A. (N.S.) 
928;  L.R.A.1917D,  627. 

§  128.  Effect  of  part  performance  of 
contract  for  services. 

Discharge  for  cause.     24  L.R.A.  231.  - 

Discharge  without  cause.    24  L.R.A.  231. 

Accord  and  satisfaction,  and  consent.  24 
24  L.R.A.  233. 

Forfeiture.     24  L.R.A.  233. 

Infants.     24  L.R.A.  233. 

Time  for  payment.     24  L.R.A.  233. 

Slaves.    24  L.R.A.  233. 

Abandonment  by  employee  without  cause. 
24  L.R.A.  234. 

Right  to  quantum  meruit  for  services  ren- 
dered under  parol  contract  unenforce- 
able because  not  to  be  performed  with- 
in a  year.    L.R.A.1916D,  895. 

§  129.  Recovery  on  part  performance; 
quantum  meruit. 

Right  to  recover  for  services  performed  un- 
der oral  contract  to  give  property  by 
will,  see  supra,  §  33. 

Recovery  on  illegal  contract,  see  supra,  §§ 
112-120. 

On  building  or  construction  contract,  see 
infra,  §§  137,  138. 

Garnishment  of  claims  on  quantum  meruit. 

59  L.R.A.  374. 
Right   of    party    rescinding   to    recover    for 

what  lie  has  done.     30  L.R.A.  49. 
Right   to   recover   for   services   rendered   on 

rescission  or  abandonment  of  contract. 

30   L.R.A.   52. 
Recovery  on  quantum  meruit  on  discharge 

without  cause.     24  L.R.A.  232. 


INDEX  TO  L.R.A.  NOTES. 


279 


CONTRACTS,  V.  a,  3— cont'd 

Recovery  on  quantum  meruit  of  attorney 
discharged  without  cause  before  com- 
pleting service  or  before  expiration  of 
time  for  which  he  was  employed. 
L.R.A.1917F,  406. 

Right  of  attorney  to  recover  on  quantum 
meruit  for  services  rendered  under  ille- 
gal or  champertous  contract.  2  L.R.A. 
(N.S.)    261;   38  L.R.A. (N.S.)    1202. 

Right  to  quantum  meruit  for  services  ren- 
dered under  parol  contract  unenforce- 
able because  not  to  be  performed  with- 
in a  year.    L.R.A.1916D,  895. 

As  remedy  for  wrongfully  discharged  serv- 
ant.    5  L.R.A. (N.S.)    582. 

Infant's  right  to  repudiate  contract  for 
services  and  recover  on  quantum  mer- 
uit.   15  L.R.A.  211. 

Right  to  recover  on,  for  services  performed 
or  materials  furnished  under  express 
contract,  invalid  because  the  minds  of 
the  parties  did  not  meet  as  to  the 
terms  thereof.     26  L.R.A.  (N.S.)   810. 

Riglit  of  one  who  breaks  contract  to  sup- 
port another  for  life,  to  recover  on 
quantum  meruit.     14  L.R.A. (N.S.)   537. 

Right  of  public  officer  to  be  paid  quantum 
meruit.     17  L.R.A. (N.S.)    1263. 

Right  of  officer  personally  interested  in  con- 
tract with  public  corporation  to  recov- 
er on  quantum  meruit  for  services  i-en- 
dered.     34  L.R.A. (N.S.)   131,  136. 

Recovery  on  qu^mtum  meruit  for  value  of 
services  of  broker  employed  for  defi- 
nite period  who  claims  revocation  of 
his  authority.     38  L.R.A. (N.S.)    369. 

Part  performance  entitling  one  to  reward 
offered  for  procuring  arrest.  7  L.R.A, 
(N.S.)    217. 

Recovering  for  services  and  expenses  under 
running  contract  with  corporation  end- 
ed by  its  insolvency  and  dissolution. 
69  L.R.A.  124. 

Right  tc  recover  for  services  rendered  be- 
yond statutory  period  of  limitation  on 
breach  of  parol  "contract  to  make  pro- 
vision by  will.    6  L.R.A.(N.S.)  703. 

§   130.  Acceptance. 

Of  building  or  construction  contract,  see 
infra,  §  139. 

Of  option  contract,  what  is.    21  L.R.A.  131, 
4.    Breach. 

§131.  Generally. 

Excuse  for  nonperformance,  see  supra,  §§ 
123-126;    infra,    §§    135,    135a. 

Rescission  or  abandonment  because  of  other 
party's  default,  see  infra,  §   152. 

Of  agreements  to  arbitrate,  see  Abbitba- 
TiON,  §  3  a. 

Of  automobile  distribution  contract,  see 
AUTOMBILES,  §  11. 

Breach  of  marriage  promise,  see  Breach  of 
Promise. 

Action  on  the  case  for,  see  Case,  §  2. 

Breach  of  conditions  subsequent,  see  Condi- 
tions,  §§   11-13. 

Measure  of  damages  for  broach  of  contract, 
see  Damages,  §g  5,  21-40,  114-118. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  V.  a,  4— cont'd 

Penalty   or   liquidated   damages   in   case   of 

broach,  see  Damages,  §§  38-40. 
Injunction  against  breach,  see  Injunction, 

§§   7-14. 
Of  contract  to  make  loan,  see  Loan,  §  5. 
Negligent  breach,   see  Negligence,   §   5. 
Breach  of  contract  to  support,  see  Support, 

§4. 

May  action  for  alienation  of  affections  rest 
upon  a  breach  of  contract.  L.R.A. 
1917B,  C80. 

Action  for  money  had  and  received  as  prop- 
er remedy  to  recover  damages  for 
breach  of  contract.     L.R.A.1918E,   781. 

Maxim  that  one  miist  come  into  equity  with 
clean  hands  as  affecting  one  who  has 
violated  an  invalid  or  unenforceable 
contract.     L.R.A.1915A,  820. 

Right  of  promoter  to  recover  damages  for 
breach  of  promotion  agreements. 
L.R.A.1918E,  845. 

Garnishment  of  damages  for.  59  L.R.A. 
359. 

Broach  of  contract  to  supply  city  with 
water.     61  L.R.A.  70. 

Breach  of  contract  to  assume  debts  on  dis- 
solution of  partnership.  9  L.R.A. 
(N.S.)    105;   48  L.R.A. (N.S.)    547. 

Breach  of  contemporaneous  agreement  as 
defense  to  promissory  note.  43  L.R.A. 
449. 

Sufficiency  of  general  allegations  of  negli- 
gence.    59  L.R.A.  267. 

Set-off  of  damages  for  breach  in  bankrupt- 
cy cases.     55  L.R.A.  37,  58. 

Action  for  breach  of  option  contract.  21 
L.R.A.  132. 

Right  to  abandon  performance  and  recover 
for  breach  of  other  party.  30  L.R.A. 
54. 

Anticipatory  breach  of  contract  as  basis 
of  suit  for  specific  performance.  36 
L.R.A.(N.S.)    408. 

Damages  for  anticipatory  breach  of  con- 
tract as  provable  claim  in  bankruptcy. 
L.R.A.1917B,  585;  L.R.A.1918A,  545."^ 

Right  of  seller,  upon  breach  of  an'fexecutory 
contract,  to  maintain  an  action  for  tiie 
contract  price.  17  L.R.A.(N.S.)  808; 
26  L.R.A.(N.S.)   248. 

Jurisdiction  of  action  at  law  for  damages 
for  breach  of  contract  as  to  real  prop- 
erty in  another  state  or  country.  2t! 
L.R.A.(N.S.)  928;  44  L.R.A.  (N.S!)  267. 

Parents'  common-law  right  of  action  for 
loss  of  services  of  child  killed  where 
injury  consists  of  a  breach  of  contract. 
41  L.R.A.  815. 

Tort  for  negligent  breach  of  contract  be- 
tween private  parties.  12  L.R.A. (N.S.) 
924. 

Remedy  of  wrongfully  discharged  servant  by 
action  for  damages  for  breach  of  con- 
tract.    6  L,R.A.(N.S.)   49. 

Right  to  defend  action  on  stated  account, 
by  showing  breach  of  contract  on 
which  founded.     6  L.R.A. (N.S.)   820. 

Liability  for  breach  of  contract  to  lease 
building  when  completed.  35  L.R.A. 
(N.S.)   426. 


280 


INDEX  TO  L.R.A.  NOTES. 


CONTRACTS,  V.  a,  4— cont'd 

Liability    of    individuals    having    contracts 

with  the  same  person  for  combining  to 

breach  the  same.    L.R.A.1918C,  151. 
Constitutionality        of      imprisonment     for 

breach  of  contract   of  labor  or  rental. 

21  L.R.A.(N.S.)   242. 


g  131a.  or  contract  not  to  engage  in 
rival    l)usines,s. 

Entering  anotlier's  employment  as  breach 
of  covenant  not  to  engage  in  rival  busi- 
ness. 20  L.R.A.{N.S.)  769;  40  L.R.A. 
(N.S.)    1191. 

Lending  money  to  competitor  of  covenantee 
as  breach  of  covenant  not  to  engage  in 
business.     L.R.A.1915B,   1204. 

Dealings  within  specified  area  from  estab- 
lishment outside  as  breach  of  covenant 
not  to  engage  in  business  or  to  prac- 
tice professionally  within  such  area.  6 
B.  R.  C.  665. 

3.  Time  of  performance. 


§   132.  Generally. 

Construction  of  contract  as  to,  see  supra, 

§  63. 
Provision  for  penalty  or  liquidated  damages 

in  case  of  delay,' see  Damages,  §§  38-40. 

Extension  of  time  when  last  day  of  per- 
formance falls  on  Sunday.  14  L.R.A. 
120. 

Effect  of  dav  for  pavment  falling  on  Sun- 
day.    3  B.  R.  C.  678. 

Effect  of  waiver  without  new  consideration 
of  time  clause  in  a  building  contract. 
50  L.R.A.(N.S.)    501. 

Of  performance  of  real  estate  brokers's  con- 
tract to  find  purchaser  or  effect  ex- 
change of  principal's  property.  44 
L.R.A.  608. 

Right  to  rescind  or  abandon  contract  be- 
cause of  failure  or  inability  of  other 
party  to  perform  within  the  time  desig- 
nated where  time  is  not  of  the  essence 
of  the  contract.     21  L.R.A.(N.S.)    691. 

Time  for  completion  of  road  under  provision 
in  deed  to  railroad  for  construction  of 
road  when  time  for  completion  is  not 
fixed.     32  L.R.A. (N.S.)    120. 

Admissibility  of  extrinsic  evidence  as  to 
time  for  delivery  of  goods  where  none 
is  specified  in  written  contract.  31 
L.R.A.(N.S,)    619;    L.R.A.1916B,   1039. 

h.  Building  and  construction  contracts. 

§   133.  Generally. 

Measure  of  damages  for  breach  of,  see  Dam- 
ages, §  22a. 

Effect  of  waiver  without  new  consideration 
of  time  clause  in  a  building  contract. 
50  L.R.A.  (N.S.)    .501. 

Promises  of  additional  compensation  for 
completing  aja  executory  contract  other 
than  for  payment  of  money.  34  L.R.A. 
138;  11  L.R.A.(N.S.)  789;  28  L.R.A. 
(N.S.)   4.50. 

Begin  icith  this  hook  on  every  law  question. 


CONTRACTS,  V.  b— cont'd. 

Effect  of  change  of  conditions  from  natural 
causes  after  completion  of  construction 
contract.     17  L.R.A. (N.S.)   698. 

Duty  of  building  contractor  to  protect,  work 
'from  freezing.     16  L.R.A.(N.S.)    801. 

Effect  of  defective  or  insufficient  plans  upon 
rights  and  liabilities  of  contractors  and 
subcontractors  who  do  not  expressly 
warrant  them.    L.R.A. 1915C,  671. 

§    134.  Recovery  for  extra  work. 

Construction  of  provision  as  to,  see  supra, 
§  65a. 

Recovery  for  extra  work  necessitated  by  in- 
sufficient or  defective  plans.  L.R.A. 
1015C,  675. 

§  135.  Destruction  of  work  and  its 
effect. 

Of  subject-matter  as  excuse  for  nonperform- 
ance of  contract.     14  L.R.A.  216. 

Who  must  bear  loss  caused  by  destruction 
of  building  or  other  structure  in  proc- 
ess of  erection.  5  L.R.A. (N.S.)  1105; 
22  L.R.A.(N.S.)  364;  L.R.A.1917D, 
1011. 

Destruction  of  boom  or  dam  by  unprece- 
dented flood  as  affecting  liability  of  one 
under  contract  to  build  and  maintain 
it.    35  L.R.A.(N.S.)  1109. 

Liability  of  contractor  to  replace  bridge 
destroyed  by  unprecedented  flood 
against  which  he  does  not  contract. 
15  L.R.A. (N.S.)    833. 

Effect  of  change  of  condition  from  natural 
causes  after  completion  of  construction 
contract.     17  L.R.A. (N.S.)    698. 

§    135a.  Excuses    for    nonperformance. 

Destruction  of  subject-matter  as,  see  supra, 
§  135. 

Delay  in  paying  instalments  as  excusing 
building  contractor's  delay  in  complet- 
ing contract.     35  L.R.A. (N.S.)    1223. 

Responsibility  of  contractor,  under  contract 
for  performance  of  entire  work  for 
gross  sum,  for  defective  condition  of 
portion  of  completed  work,  due  to  in- 
terference or  directions  of  other  party. 
8  L.R.A.(N.S.)  1171. 

§    136.  Substantial   performance. 

Recovery  on,  see  infra,  §  138. 

§  13  7.  Recovery  on  part  performance: 
quantum  meruit. 

Right  of  contractor  to  sue  on  quantum 
meruit  upon  breach  of  construction 
contract  by  other  party  thereto.  13 
L.R.A.(N.S'.)    448. 

Right  to  recover  on  quantum  meruit  where 
work  on  local  improvement  is  defective. 
56  L.R.A.  915. 

Where  contract  is  not  fully  executed  be- 
cause of  defective  plans.  L.R.A.1915C, 
677. 

Right  to  quantum  meruit  for  services  ren- 
dered under  parol  contract  unenforce- 
able because  not  to  be  performed  with- 
in a  year.     L.R.A.1916D,  895. 


INDEX  TO  L.R.A.  MOTES. 


281 


CONTRACTS,  V.  b— cont'd 

Right  to  recover  on  quantum  meruit  for 
services  performed  or  material  fur- 
nished under  express  contract  invalid 
because  the  minds  of  the  parties  did 
not  meet  as  to  terms  thereof.  26 
L.R.A.(N.S.).  810. 

Right  of  sureties  on  contractor's  bond  who 
perform  contract  on  abandonment  by 
contractor,  to  moneys  unpaid  on  con- 
tract, as  against  the  assignees  or  credit- 
ors of  contractor.    14  L.R.A.(N.S.)  457. 

§    138.  — substantial    performance. 

General    rule    as    to    recovery.      24    L.R.A. 

(N.S.)   332. 
What    constitutes   substantial   performance. 

24  L.R.A.(N.S.)   336. 
Measure  of  recovery.     24  L.R.A.  (N.S. )   351. 

§  139.  Acceptance;  waiver  of  objec- 
tions. 

Use  of  building  by  owner  as  an  acceptance 
of  work  of  construction  or  repair,  and 
as  a  waiver  of  known  defects  therein. 

16  L.R.A. (N.S.)    489;   20  L.R.A. (N.S.) 
872;  L.R.A.1917C,  324. 

Proceeding  with  work  as  waiver  by  con- 
tractor of  stipulations  by  other  party 
to  furnish  a))pliances  or  facilities  for 
the  work.     37  L.R.A.  (N.S.)    969. 

Liability  of  contractor  to  third  person  for 
defects  in  his  work  after  acceptance. 
26  L.R.A.  504;  L.R.A.1915E,  766;  6 
B.  R.  C.  249. 

Waiver  of  stipulation  that  alterations  or 
extras  must  bo  ordered  in  writing.  48 
L.R.A. (N.S.)   575,  580. 

Effect  of  waiver  without  new  consideration 
of  time  clause  in  a  building  contract. 
50  L.R.A.  (N.S.)    501. 

§  140.  Conditions;  certificate  of  per- 
formance. 

Effect    of    stipulation    to   give    satisfaction. 

17  L.R.A.  207. 

Necessity  of  referring  to  architect  ques- 
tions arising  between  owner  and  con- 
tractor involving  dereliction  of  duty 
by  the  architect  himself.  18  L.R.A. 
(N.S.)    1248.  • 

Liability  of  architect  or  engineer  for  negli- 
gence in  issuing  certificates.  4  B.  R.  C. 
859. 

Personal  liability  of  arbitrator.  42  L.R.A. 
(N.S.)   279. 

§    141.  — necessity   for   certificate. 

Architect's  certificate  as  condition  precedent 
to  recovery.     17  L.R.A.  211. 

Will  full  or  substantial  performance  of  a 
construction  contract  excuse,  as  a  mat- 
ter of  law,  the  failure  to  secure  the 
architect's  or  engineer's  certificate  re- 
quired by  the  contract.  6  L.R.A. (N.S.) 
774. 

§  142.  — effect  and  conclusiveness  ol 
certificate. or  decision. 

Sufficiency  of  conditional  or  qualified  archi- 
tect's certificate.     L.R.A.1918F,  377. 

Effect  of  decision  of  architect,  engineer,  or 
umpire  in  case  of  fraud  or  mistake. 
1  L.R.A.  (N.S.)   1050. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  V.  b— cont'd 

Conclusiveness  as  between  municipality  and 
contractor  of  decision  of  engineer  or 
other  empowered  officer  as  to  matters 
concerning  contract  for  public  improve- 
ment.    23  L.R.A.(N.S.)   317. 

VI.  Change;  extinguishment, 
a.  In  general. 

§    143.  Generally. 

Consideration  for  new  agreements  abro- 
gating or  altering  prior  contracts,  see 
supra,  §  7a. 

Consent  to  change,  see  Consent,  §  2. 

Eftect  of  death  of  party  on,  see  Death,  §  17. 

Reformation  of,  see  Reformation  of  In- 
struments. 

Changing  terms  of  offer  of  prize  after  efforts 
to  secure  it  have  begun.  37  L.R.A. 
(N.S.)   183. 

Contract  not  to  engage  in  certain  business; 
effect  of  incorporation  of  business  by 
covenantees.      9   L.R.A. (N.S.)    979. 

Ignorance  or  carelessness,  as  affecting  the 
right  to  equitable  relief  from  a  con- 
tract by  which  one  has  been  over- 
reached.    5  L.R.A.  (N.S.)    799. 

Revocability  of  mutual  will  viewed  as  » 
contract.     27  L.R.A. (N.S.)    511. 

§    144.  Modification. 

Parol  modification,  see  supra,  §  30. 

Consideration  for  new  agreements  altering 
prior  conti-act,  see  supra,  §  7a. 

Of  contract  containing  stipulation  that  al- 
terations or  extras  must  be  ordered  in 
writing,  see  supra,  §  65a. 

Modification  of  contract  to  supply  city  with 
water.     61  L.R.A.  73. 

Modification  of  contract  limiting  initial  car- 
rier's undertaking  to  its  own  line.  31 
L.R.A.(N.S.)  64. 

Effect,  upon  mortgagor's  obligation,  of  modi- 
fication between  mortgagee  and  subse- 
quent grantee.     4  L.R.A. (N.S.)    666. 

§   145.  Abandonment. 

Of  contract  containing  stipulation  that  al- 
terations or  extras  must  be  ordered  in 
writing,  see  supra,  §  65a. 

Consent  to,  see  Consent,  §  2. 

Abandonment  of  contract  for  service.  24 
L.R.A.  231. 

Of  employment  as  defense  to  action  by 
wrongfully  discharged  servant  for  dam- 
ages from  breach  of  contract.  6  L.R.A 
(N.S.)   74. 

Right  of  servant  to  compensation  in  case 
of  abandonment  of  contract  because  of 
physical  disabilitv.  28  L.R.A.(N.S.) 
315. 

Of  bid  for  public  contract.     26  L.R.A.  709. 

Discretion  in  choosing  between  bidders  for 
public  contract  where  first  award  ia 
abandoned.     38  L.R.A. (N.S.)    665. 

Right  to  abandon  contract  because  of  other 
party's  default.     30  L.R.A.  33. 


INDEX  TO  L.R.A.  NOTES. 


282 

CONTRACTS,  VI.  a— cont'd 

Applicability  of  provision  for  stipulated 
damages  or  penalty  for  delay  in  com- 
pletion of  contract  where  entire  con- 
tract is  abandoned  or  repudiated.  20 
L.R.A.(N.S.)    350;    L.R.A.1916E,   117!). 

Right  to  abandon  contract  because  of  fail- 
ure or  inability  of  other  party  to  per- 
form within  the  time  designated,  where 
time  is  not  of  the  essence  of  the  con- 
tract.   21  L.R.A.(N.S.)  691. 

Necessity  for  placing  in  statu  quo  on 
abandonment  of  contract  for  sale  of 
land.     30  L.R.A.  66. 

Duty  to  restore  or  tender  back  what  has 
been  received.     1   L.R.A.  (N.S.)    379. 

Plight  of  sureties  on  contractor's  bond  who 
perform  contract  on  abandonment  by 
contractor  to  money  unpaid  on  con- 
tract as  acainst  assignees  or  creditors 
of  contractor.  14  L.R.A.(N.S.)  457; 
L.R.A.1918A,  937. 

Right  to  mechanics'  lien  for  labor  or  ma- 
terial furnished  on  order  of  architect 
before  abandonment  of  contract  by  con- 
tractor.   20  L.R.A. (N.S.)   89. 

ilecovery  by  one  who  abandons  a  contract 
for  work  or  labor  or  services  without 
excuse  or  justification.  L.R.A.1916E, 
790. 


8   146.  Termination;  survival. 

Termination  of  contracts  of  employment, 
see  Master  and  Servant,  §§  34-46. 

Elffect  of  war  to  terminate  contracts  with 
alien  enemies.    L.R.A.1917C,  662. 

Of  contract  for  hiring  of  convicts.  27 
L.R.A.  609. 

Effect  on  contract  of  death  of  a  parly  there- 
to.    45  L.R.A.(N.S.)    349. 

Survival,  after  death  of  promisor,  of  con- 
tract to  pay  for  personal  services  ren- 
dered to  third  person.  13  L.R.A,(N.S.) 
643. 

Termination  of  contract  of  employment  by 
death  of  one  of  the  parties.  39  L.R.A. 
(N.S.)  1187. 

Termination  of  contract  of  employment  con- 
taining stipulations  permitting  rescis- 
sion bv  employer  if  work  is  not  satis- 
factorily performed.  12  L.R.A. (N.S.) 
403:  23  L.R.A. (N.S.)   1003.     • 

Effect  of  workmen's  compensation  act  to 
terminate  contracts  relieving  employers 
from  liability.    L.R.A.1916A,  128. 


§  147.  Mistake  as  ground  of  equitable 
relief. 

As  ground  for  rescission,  see  infra,  §  154. 

Relief  from  mistake  of  law  as  to  effect  of 
instrument.     28   L.R.A. (N.S.)    785. 

Mista'-e  in  computation  bv  contractor  as 
ground  for  relief.  10  L.R.A.(N.S.)  114; 
L.RJ^.1917D,  745. 


§   14  8.  —evidence  as  to  mistake. 

Burden  of  proof  as  to.     5  L.R.A.  159.* 


Begin  tiHlh  this  booTc  on  every  law  question. 


CONTRACTS,  VI.  a— cont'd 

Character  of  evidence  to  show  mistake.     5 

L.R.A.  159.* 
Showing  mistak""  by  parol  proof.     5  L.R.A. 

158;*   6   L.R.A.   8.38.* 

b.  Rescission;  cancelation. 

§    149.  Generally. 

Of  contract  containing  stipulation  that  al 

terations  or  extras  must  be  ordered  in 

writing,  see  supra,   §   G5a. 
Of  agreement  to  arbitrate,  see  Arbitration, 

§3. 
Cancelation    of    instruments    generally,    see 

Cancelation  of  Instruments- 
Jurisdiction  to  cancel  contract,  see  Equity. 

§§  15,  15a. 
Right  to  rescission  for  breach  of  condition 

subsequent,  see  Conditions,  §  13. 
Of  deed,  see  Deeds,  §§  33,  33a. 
Disaffirmance  of  contract  by  infant,  see  In- 
fants, §§  21,  22. 
Of  insurance  policy,  see  Insitbance,  §§  49- 

52. 
Rescission  of  contract  of  employment,  see 

Master  and  Servant,  §  38. 
Of  contract  of  sale  of  chattels,  see  Sale, 

§§  62-70. 
Of  contract  for  sale  of  real   property,  see 

Vendor  and  Purchaser,  §§  22-25. 

Rescinding  agreements  between  promoters 
of   corporation.     L.R.A.1918E,   839. 

Rescission  of  contract  to  supply  city  with 
water.     61  L.R.A.  73. 

When  sale  of  expectancy  by  prospective  heir 
will  be  set  aside.     33  L.R.A.  278,  284. 

Contracts  of  members  of  mutual  fire  insur- 
ance  companies.     32   L.R.A.  492. 

Discretion  to  rescind  award  of  public  con- 
tract to  lowest  responsible  bidder.  38 
L.R.A.(N.S.)   656. 

Implied  power  of  agent  to  assent  to.  37 
L.R.A.(N.S.)    91. 

Cancelation  of  invalid  contract  as  consid- 
eration for  a  promise.  5  L.R.A. (N.S.) 
725. 

§   150.  Loss  of  right  to  rescind. 

Acceptance  of  portion  of  instalment,  as  af- 
fecting right  to  rescind  continuing  con- 
tract for  failure  to  deliver  whole.  21 
L.R.A.(N.S.)    864. 

§    151.  Grounds  for. 

Of  insurance  policy,  see  Insurance,  §  50. 

Right  of  rescission  of  contract  which  is  void 
because   made   on    Sunday.      17    L.R.A. 
779;  L.R.A.1917D,  450. 
i  Expression  of  opinion  as  ground  for  rescis- 
sion.    35  L.R.A.  434. 

Right  to  rescind  the  taking  of  worthless 
paper.     10  L.R.A. (N.S.)    552. 

Cancelation  of  a  deed  for  inadequacy  of 
consideration.     L.R.A.1916D,  382. 

Failure  of  consideration  as  ground  for  re- 
lief of  grantor  in  conveyance  in  con- 
sideration to  support  which  is  broken 
by  grantee.    43  L.R.A. (N.S.)  926. 


INDEX  TO  L.R.A.  NOTES. 


283 


CONTRACTS,  VI.  b— cont'd. 

Death  of  promisee  before  that  of  promisor 
in  agreement  to  make  provision  by  wiii 
as  ground  for  rescission  of  contract. 
L.R.A.1917D,  812. 

§  152.  —default  or  inability  of  other 
party  to  perform. 

Generally.     30  L.R.A.  33. 

Right  to  rescind  contract  without  liability 
for  nonperformance.     30  L.R.A.  40. 

Party  seeking  to  rescind  must  not  be  in  de- 
fault.    30  L.R.A.  48. 

Right  of  party  rescinding  to  recover  for 
what  he  has  done.     30  L.R.A.  49. 

Right  to  abandon  performance  and  recover 
for  breach.     30  L.R.A.  54. 

What  will  warrant  rescission.  30  L.R.A. 
59. 

Application  of  above  rules  to  various  kinds 
of  contracts.     30  L.R.A.  64. 

Right  to  rescind  for  failure  or  inability  of 
other  party  to  perform  within  time 
designated,  where  time  is  not  of  tlie 
essence  of  the  contract,  21  L.R.A. 
(N.S.)   691. 

Right  to  rescind  contract  because  of  antici- 
pated inability  of  other  party  to  com- 
plete the  same  within  the  time  limit. 
41    L.R.A. (N.S.)    60. 

Relief  of  grantor  in  conveyance  in  consid- 
eration of  agreement  to  support  which 
is  broken  by  grantee.  L.R.A.1917D, 
627. 


§    153,  —  fraud. 

Invalidity  of  contract  for  fraud,  see  supra, 

§  104. 
Relief   generally   on   ground   of   fraud,   see 

supra,  §  119. 
Rescission  of  subscription  to  stock  for  fraud 

or  misrepresentation,  see  Cobpobations, 

§  79. 
Rescission  of  deed,  see  Deeds,  §  33a. 
Jurisdiction  of  equity  to  cancel  instruments, 

see  Equity,  §  15a. 
As  to  fraud,  generally,  see  Fbaud  and  De- 
ceit. 
Transfers  in  fraud  of  creditors,  see  Fbaudu- 

LENT  Conveyances. 
Rescission  of  sale  for  fraud,  see  Sale,  §  67. 

Right  to  avoid  contract  because  of  mistake 
as  to  identity  of  other  party,  induced 
by  fraud.     L.R.A.1916D,  801. 

Rescission  for  fraud  of  compromise  of  void, 
invalid,  or  unfounded  claim.  25  L.R.A. 
(N.S.)   308. 

8    154.  — mistake. 

Reformation  or  rescission  of  contract  be- 
cause of  mistake  of  law  as  to  its  eflfect. 
28  L.R.A.(N.S.)   900. 

Right  to  avoid,  because  of  mistake  as  to 
identity  of  other  party  thereto.    L.R.A. 

Right  to  rescind  for  mutual  mistake  as 
affected  by  circumstance  that  contract 
has  become  executed.  5  B.  R.  C.  805. 
1916D,  801. 

Consult  also  L.R.A.  Digests  of  Cases. 


CONTRACTS,  VI.  b— cont'd. 

Assignment  or  surrender  of  policy  of  life 
insurance,  in  ignorance  of  the  death  of 
the  insured,  as  subject  to  rescission  as 
having  been  made  under  a  mistake  of 
fact.     5  B.  R.  C.  797. 

§  155.  Conditions;  promptness;  re- 
storing benefits. 

To  rescission   of   insurance  policy,   see  In- 
surance, §  51. 

Conditions  precedent  to  rescission  for  other 
party's  default.     30  L.R.A.  36. 

§    156.  —restoring  benefits. 

Duty  to  place  other  party  in  statu  quo.  30 
L.R.A.  44, 

Necessity  for  placing  in  statu  quo  on  re- 
scission of  contract  for  sale  of  land. 
30  L.R.A.  66. 

Necessity  for  returning  consideration  in 
order  to  disaffirm  infant's  contract.  26 
L.R.A.  177. 

Return  or  tender  of  consideration  for  release 
of  claim  for  personal  injuries  set  aside 
on  ground  of  fraud.  35  L.R.A.  (N,S,) 
660;  L,R.A.1918F,  1073. 

Return  of  consideration  as  condition  of  de- 
fending against  contract  because  made 
on  Sunday.     5  L.R.A. (N.S.)   295. 

Necessity  of  returning  in  specie  all,  or  part 
of,  product  received  from  land  under 
a  contract  in  relation  thereto  as  a  con- 
dition of  rescinding  contract,  25  L,R,A, 
(N.S.)    1302. 

Effect  of  inability  to  restore  to  statu  quo 
on  right  to  rescind  stock  subscription 
for  fraud.     33  L.R.A.  725. 


VII^  Actions;    liahilities. 

§    15  7,  Generally. 

Action  for  relief  from,  or  to  enforce,  illegal 

contract,  see  supra,  §§  132-120, 
Liability  for  breach,  see  supra,  §  131, 
Recovery    on    quantum    meruit,    see    supra, 

§§  137,  138, 
Defenses  to  actions,   see  Action    ob  Sxjit, 

§  13. 
Assumpsit  on,  see  Assumpsit. 
Right  of  action   for   damages   for   inducing 

breach  of  contract,  see  Case,  §§  3-5. 
Jurisdiction  to  cancel,  see  Equity,  §§  15, 

15a. 
Running  of  limitations  on,  see  Limitation 

OF  Actions,  §§  22-32,  49,  50. 
Liability  of  public  officer  on  contract  made 

for  public,  see  Officer,  §  39. 
Right     of     third     person     to     enforce,     see 

Parties,  §§  12-17. 
Liability  of  principal  on  contract  negotiated 

bv  agent,  see  Principal  and  Agent,  IV. 
Liability  of  agent  on  contract,  see  Princi- 
pal and  Agent,  §  41. 
Liability  of  railroad  under  agreement  with 

fif'M'v   road,   see  Railroads,   III. 
Counterclaim   based  on   contract,   see   Skt- 

Off  and  Counterclaim.  II. 


284 


INDEX  TO  L.R.A.   NOTES. 


Contracts,  vii.— cont'd 

Spi'titic  ixTfoiinance  of  contract,  see  Specif- 
ic Pekkormance. 

Question  for  jury  as  to  contractual  matters, 
see  Trial,  §51. 

Claim  against  state  on.     42  L.R.A.  54. 

Right  to  plead  inconsistent  defenses,  48 
L.R.A.  191. 

Sufficiency  of  general  averment  of  want  of 
consideration.     L.R.A.1917F,  581. 

Evidence  of  character  in  action  on.  14 
L.R.A.(N.S.)    747. 

Law  governing  stipulation  in  contract  mak- 
ing notice  of  damages  a  condition  of 
right  of   action.     7   L.R.A.  (N.S.)    191. 

Right  to  open  default  judgment  to  let  in 
defense  that  contract  was  against  pub- 
lic policy.    L.R.A.1916F,  860. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void  in 
'      law.     4  B.  R.  C.  663. 

Right  of  creditor  to  enforce  promise  of  one 
allowed  to  secure  property  at  judicial 
sale  upon  faith  of  his  promise  to  pay 
owner's  debt.     15  L.R.A. (N.S.)   399. 

Effect  of  permitting  assignor  of  a  contract 
to  receive  non-negotiable  instruments  is- 
sued in  payment  thereof  to  estop  as- 
signee as  against  a  subsequent  assignee 
of  such  an  instrument.  11  L.R.A. 
(N.S.)   472. 

Right  of  buyer  to  maintain  separate  action 
for  nondelivery  of  each  instalment  un- 
der entire  contract.  3  L.R.A.  (N.S. ) 
1042. 

Obligation  of  receiver  on  contract  of  the 
party  whose  property  he  holds.  16 
L.R.A.  90. 

Liability  of  receiver  on  contracts  of  former 
receiver.    L,R.A.1916C,  520. 

Demand  as  a  condition  precedent  to  an 
action  on  a  promise  to  pay  on  demand 
the  debt  of  another.  34  L.R.A.(N.S.) 
154. 

Liability  of  title  abstracter  dependent  on 
privity  of  contract.  12  L.R.A. (N.S.) 
452. 

VIII.  Pxihlic  contracts. 

g   158.  Generally. 

Validity  and  effect  of  contract  with  public 
oflicor,  see  supra,  §§  99-101. 

Rights  of  subcontractors,  laborers,  and  ma- 
terialmen on  bond  of  contractor  for 
public  work,  see  Bonds,  §§  9,  10. 

Impairment  of  obligation  of  public  contract, 
see  CoxsTiTTJTioxAL  Law. 

Estoppel  of  public  corporation  by  contract, 
see  Estoppel,  §  2a. 

Injunction  against  breach  of,  see  Injunc- 
Tiox,  §  8. 

Mandamus  to  enforce  rights  in,  see  Manda- 
mus, §  7. 

'''or  municipal  contracts,  generally,  see 
Municipal  Corporations,  §§  53-60.    ' 

Liability  of  officer  on  contract  made  by 
public,  see  Officers.  §  39, 

Right  of  citizen  to  enforce  contract  made 
for  benefit  of  public,  see  Parties,  §  13. 

Contracts  for  public  improvements,  see  Pub- 
lic Improvements.  §§  7-9. 

Begin  with  this  hooTc  on  every  law  question. 


CONTRACTS,  VIII.— cont'd 
Contracts   for  municipal   water  supply,   see 
Waters,  §  111. 

Mandamus  to  compel  public  officer  to  exe- 
cute a  contract.     L.R.A.1917F,  538. 

Adoption  of  resolution  by  public  corpora- 
tion as  initiating  or  consummating  a 
contract.    49  L.R.A. (N.S.)  380. 

Rights  and  remedies  where  contracts  of  a 
public  corporation  are  invalid.  L.R.A. 
1915A,  904. 

Suits  compelling  or  enjoining  the  carrying 
out  of  contracts,  as  actions  against  the 
state.      44   L.R.A. (N.S.)    202. 

Validity  of  contract  fixing  minimum  wage 
for  person  employed  on  public  work.  61 
L.R.A.  (N.S.)   680. 

Prohibiting  or  restricting  employment  of 
aliens  on  public  work.  L.R.A.1916D, 
569. 

Provision  in,  for  payment  in  gold  or  silver. 
29   L.R.A.   522. 

Liability  of  municipality  or  other  publiiJ 
corporation  on  implied  contract.  39 
L.R.A.(N.S.)  43,  72;  46  L.R.A. (N.S.) 
921. 

Constitutionality  of  statutes  requiring  work 
incident  to  public  contract  to  be  done 
in  state  or  a  local  division  thereof.  41 
L.R.A.  (N.S.)    711. 

Right  to  inspect  public  records  relating  to 
public  contracts.     41  L.R.A. (N.S.)  280.- 

§    159.  Letting  generally. 

Letting  contracts  for  establishing  drains 
and  sewers.    60  L.R.A.  217. 

Distinction  between  definite  proposal  or  ac- 
ceptance and  mere  preliminary  step  in 
negotiation  of.     4  L.R.A.  (N.S.)   177. 

Accepting  bid  with  knowledge  of  mistake 
as  to  subject-matter.  43  L.R.A. (N.S.) 
654. 

§  160.  Rights  and  remedies  of  lowest 
bidders. 

Cases  affirming  right  of  lowest  bidder.     26 

L.R.A.  707. 
Absence  of  statute  requiring  award  to  low- 
est bidder.     20  L.R.A.  707. 
Rights  under  statute  or  ordinance  requiring 
award  to  lowest  bidder.     26  L.R.A. 
707. 
Discretion  in  choosing  between  bidders  for 
public   contract.     38   L.R.A. (N.S.) 
653. 
Elements  to  be  considered  in  determining  re- 
sponsibilitv   of    bidder   for   public   eon- 
tract.     38'L.R.A.(N.S.)    672. 
Remedy  of  lowest  bidder  for  refusal  of  au- 
thorities to  award  contract  to  him. 
30   L.R.A.(N.S.)    126. 
Injunction.     26  L.R.A.  711;    30  L.R.A. 

(N.S.^  127. 
Mandamus.  26  L.R.A.  711;  30  L.R.A. 
(N.S.)  128. 
Validity  of  contract  for  material  patented 
or  held  in  monopoly  where  a  public 
letting  to  the  lowest  bidder  is  required. 
5  L.R.A. (N.S.)  680;  46  L.R.A. (N.S.) 
990;  L.R.A.1917A,  442. 


INDEX  TO  L.R.A.  NOTES. 


28i 


CONTRACTS,  VIII.— cont'd 
§   160a,  Withdrawal  of  bid. 

Right  to  withdraw  bid  for  public  contrixot 
and  recover  deposit.    L.R.A. 191 5 A,  225. 

§    161.   Specilications. 

Suiriciency  of  specifications  for  {;;iiidance  of 
bidder  for  public  contract.  30 
L.R.A.  (N.S.)   214. 

§  162.  Stipulation  that  alterations  or 
extras  nmst  be  ordered  In  writing". 

ElFeet  of  stipulation  in  huildinp;  contract 
that  alterations  or  extras  must  be  or- 
dered ill  writing.     48  L.R.A. (N.S.)  595. 

§    163.  Ratification. 

Ratification  of  invalid  contract.  L.R.A. 
1915A,  1023. 


COXTRACTS   NOT   TO   BE   PER- 
FORMED WITHIN  A  YEAR. 

See  Contracts,  §§  38,  39. 

♦-•-♦ 


CONTRADICTION. 

Of  witness,  see  Witnesses,  §  43. 


CONTRADICTORY    STATEMENTS. 

TmpeacJiment  of  witness  by,  see  Witnesses, 
§  43. 

Conviction   of  perjurv  upon  proof.     L.R.A. 
1917C,  58. 


CONTRIBUTION. 


§    1.  Generally. 

Indemnity,  see  Indemnity. 

Pubrosration,  see  Subrogation. 

Between  insurance  companies,  see  Insur- 
ance. §  199. 

To  cost  of  party  wall,  see  Party  Wall,  §§ 
4,  5. 

Subrogation,  see  Subrogation. 

To  cap'tal,  expenses,  and  losses  of  syndi- 
cate.    40  L.R.A.  225. 

As  between  legatees  and  devisees  to  pav 
testator's   debts.      1    L.R..\. 'M.S.)    401. 

Right  of,  as  between  acoommodation  parties 
28  L.R.A. (N.S.)    ]03fl. 

Contingency  of  claim  for,  as  affecting  lim- 
itation of  time  for  presentation  to  es- 
tate of  deceased  person.     58  L.R.A.  88. 

Right  of  client  to  recover  from  third  person 
for  services  rendered  bv  attorney  which 
benefit  both.     L.R.A.19'l5B,  856. 

Right  of  one  who  gives  his  personal  obliga- 
tion for  a  debt  on  which  he  was  jointly 
liable  with  other  to  enforce  indemnity 
or  contribution  from  latter.  L.R.A. 
1915A,  898. 

Right  of  promoter  of  corporation  to  compel 
contribution  by  fellow-promoter.  L.R.A. 
imSE,  843. 

Coiiftiilt  olfto  L.R.A.  Digcfts  of  Cases. 


CONTRIBUTION— cont'd 
§   2.  Between   wronjfdoer.s. 
Right  to  indemnity  from  joint  tort  feasor, 
see  Indemnity,  §§  2-4. 

Right  of  action  of  one  legally  responsible 
for  anotlier's  death  against  a  third 
person  whose  negligence  caused  the 
death.     36  L.R.A.  (N.S.)    60. 

Right  of  one  constructively  liable  for  tort 
to  contribution  from  one  actually  re- 
sponsible for  its  commissions.  40  L.R.A. 
(N.S.)   1147. 

Right  of  employer  who  has  been  held  liable 
for  tort  of,  or  upon,  servant  or 
contractor,  to  recover  over  from 
the  actual  wrongdoer.  40  L.R.A. 
(N.S.)    1153. 

Right  of  municipality  to  recover  indemnity 
or  contribution  from  one  for  whose  tort 
it  has  been  held  liable.  40  L.R.A. 
(N.S.)    1165;    L.R.A.1916F,   86. 

Rule  denying  contribution  between  joint 
tort  feasors  as  affected  by  question  of 
proximate  cause.     36  L.R.A. (N.S.)   583. 

Conclusiveness  of  judgment  against  a  con- 
structive tort  feasor  in  a  subsequent 
action  for  contribution.  40  L.R.A. 
(N.S.)    1172. 

§   3.  Between  stocliholders. 

Between  stockholders  of  foreign  corpora- 
tions. 34  L.R.A.  763. 

Rjght  of  one  stockholder  to  sue  another  for 
contribution  outside  state  of  incorpor- 
ation.    33  L.R.A. (N.S.)    909. 

§   4.  Between  partners. 

Revival  of  partnership  debt  by  contribution 
between    partners.    15    L.R.A.   660. 

Between  members  of  partnership  which  is 
illegal  or  which  has  been  engaged  in 
illegal  business.     L.R.A.1917A,  446. 

§   5.  Between  cotenants. 

Liabilitv  of  cotenants  for  improvements 
and  repairs.  29  LR.A.  449. 

Right  of  successor  to  share  of  cotenant  to 
latter's  claim  to  allowance  for  im- 
provements to  common  property.  45 
L.R.A.  (N.S.)    738. 

Repudiating  cotenancy  as  affecting  coten- 
ant's  right  to  contribution.  L.R.A. 
1915B,  961. 

Liability  of  cotenants  to  account  for  use 
and  occupation  and  rents  and  profits. 
28  L.R.A.  829. 

§   6.  Between  cosureties. 

When  limitations  commence  to  run  against 
action  for.  18  L.R.A. (N.S.)  585;  42 
L.R.A.  (N.S.)    1131. 

Judgment  in  favor  of  one  or  more  sureties 
and  against  others  in  action  by  obligee 
as  res  judicata  between  sureties.  51 
L.R.A,  (N.S.)    797. 

Right  of  surety  who  gives  his  personal  obli- 
gation for  a  debt  to  enforce  contribu- 
tion from  cosurety.     L.R.A. 1915A,  899. 

Right  of  reimbursement  or  contribution  as 
between  sureties  of  official  for  diflFerent 
terms.     L.R.A. 1915D,  481. 


286 


INDEX  TO  L.R.A.  NOTES. 


CONTRIBUTION— cont'd 

Right  of  surety  to  contribution  from  co- 
surety, as  affected  by  the  fact  that  an 
aeti»)n  by  the  creditor  as  against  the  co- 
surety would  be  barred.  L.R.A.1917F, 
1074. 


CONTRIBUTORY  NEGLIGENCE. 

See  Negligence,  II. 


CONTROL. 


Over  Resale  as   element   of   monopoly,   see 
Monopoly  and  Combinations,  §§  5,  6. 


CONVENTION  HALL. 

Power  of  municipality  to  construct  assem- 
bly, convention,  exhibition,  or  amuse- 
ment hall.     26  L.R.A.(x'f.S.)   426. 


CONVENTIONS. 


Expenses  incurred  by  public  oflBcers  or  em- 
ployees in  attending  conventions,  •etc., 
as  a  proper  charge  on  public  funds. 
L.R.A.1917E,  332. 


CONVENTS. 


Character  of  occupancy  of.    4  L.R.A.(N.S.) 
726. 


CONVERSATION. 


By  telephone,  evidence  of,  see  Evidence,  § 
240. 

Through  interpreter,  evidence  of,  see  Evi- 
dence, §  241. 

Admissibility  of  evidence  of  conversation 
expressly  referred  to  in  written  con- 
tract.    32  L.R.A.(N.S.)    383. 

Right  of  witness  to  express  opinion  as  to 
meaning  of.     L.R.A.1918A,  738. 


CONVERSION. 


Equitable  conversion,  see  Equitable  Con- 
version; Wills,  §§  116-118. 
Tortious,  see  Tboveb  and  Coj«vebsion. 


CONVEYANCE. 


CONVEYANCE— cont'd 
See  also  Dkkd;  Quitclaim  Deed;  Fraudu- 
lent Conveyances. 

Parol  gift  as.    67  L.R.A.  461. 
Of  partnership  lands,  form  of. 
479. 


27  L.R.A. 


CONVICTION. 


Effect  of,  see  Criminal  Law,  §  41. 
Cross-examination  of  witness  to  show,  see 
Witnesses,  §  36. 

Power  of  appellate  court  to  reverse  for  in- 
sufficiency of  evidence  to  sustain  ver- 
dict.    17  L.R.A.  484. 


CONVICT   LABOR. 

See  Convicts,  §  2. 


CONVICTS. 


For  support,  sec  Suppobt. 

Beffin  tvith  this  book  on  every  law  question. 


§    1.  Generally. 

Civil  death  of,  see  Civil  Death. 

Effect   of    conviction,    see    Cbiminal    Law, 

§  41. 
As  to  punishment  for  crime,  generally,  see 

Criminal  Law,  VI. 
Pardon  of,  see  Criminal  Law,  §§  85-89. 
Escape  of,  see  Escape. 
Recapture  of,  see  Recapture. 
Right    of    action    for    confinement    in    un- 

healthful  or  unfit  person,  see  Jails  and 

Prisons,  §  3. 
Competency  of,  as  witness,  see  Witnesses, 

§  10. 

Release  of,  or  interference  with  custody  of, 
as  contempt  of  court.  L.R.A. 1917D,  355. 

Punishment  of  convict  for  failure  or  re- 
fusal to  testify  or  other  contempt. 
L.R.A.1917B,  588. 

Right  of  convict  to  contest  will.  L.R.A. 
1918A,  467. 

Right  of  prisoner  to  appear  unmanacled  at 
trial.     39  L.R.A.  821. 

Service  of  process  on  prisoner.  46  L.R.A. 
706. 

Right  to  put  upon  trial  one  undergoing  im- 
prisonment for  another  offense.  41 
L.R.A.(N.S.)    1095. 

Admissibility  of  declarations  of  convict  as 
affected  bv  incompetency  as  a  witness. 
L.R.A.19l'5E,  205. 

Unknown  disqualification  of  juror  because 
of  conviction  of  crime  as  ground  for 
new  trial.     50  L.R.A. (N.S.)   976. 

Liability  of  public  for  services  of  physicians 
or  surgeons  rendered  prisoners.  50 
L.R.A.  (N.S.)    1223. 

Right  to  a  speedy  trial  of  one  under  con- 
finement for  another  offense.  L.R.A. 
1915E,  S63. 


INDEX  TO  L.R.A.  NOTES. 


287 


CONVICTS— cont'd 

Civil  liability  of  sheriff  or  other  officer  for 
injury  inflicted  by  convict  in  his  cus- 
todv  upon  another  prisoner.  L.R.A. 
191 8C,  1163. 

§   2.  Convict  labor. 

Right  to  compel,  see  Criminal  Law,  §  77. 

Constitutional    objections    to   convict    labor 

contracts.     L.R.A.1916D,  6f50. 
Claim  against  state  on  contract  for  prison 

labor.     42  L.R.A.  59. 
Responsibility  of  one  hiring  convict  labor, 

for  acts   of   laborer.      12   L.R.A.  (N.S.) 

317. 


CO-OWNERS. 


Liability  of  co-owners  of  automobile. 
L.R.A.1916E,  1301. 

Authority  of  co-owner  of  property  to  con- 
tract for  services  of  other  persons. 
L.R.A.1918F,  19. 


COPARCENERS. 


Liability  for  use  and  occupation,  and  rents 
and  profits.     28  L.R.A.  854. 


COPY. 

Admissibilitv  of,  in  evidence,  see  Evidence, 

§  121. 

Mandamus  to  compel  delivery  of  copy  of 
act  passed  by  legislature.  22  L.R.A. 
(N.S.)    1089. 

Necessity  of  setting  out  copy  of  forged  in- 
strument in  indictment  for  forgery  or 
uttering  forgery.     31  L.R.A.  (N.S.)   215. 

Stockholder's  right  to  take  from  books.  45 
L.R.A.  449. 


COPYHOIiD. 


Equitable  relief  against  forfeiture  of.  69 
L.R.A.  858. 

Applicability  of  rule  in  Shelley's  Case  to. 
29  L.R.A. (N.S.)    1036. 

Owner's  right  to  compensation  for  improve- 
ments made  by  railroad  company  enter- 
ing v.'itii  consent  of  tenant  but  without 
owner's  consent.     L.R.A.1916F,  991. 


COPYIST. 

Communication  to,  as  aflFecting  publication 
or  privilege  of  libelous  statement. 
L.R.A.1918F,  568. 


♦  •» 


COPYRIGHT. 

§    1.   Generally. 

Conflict   of   laws   as   to,   see   Conflict   of 

Laws,  §  37. 
Measure  of  damages  for,  see  Damages,  §§ 

19.  95,  112. 
Consult  also  L.R.A.  Digests  of  Cases. 


COPYRIGHT— cont'd 

Copyriglit  in  report  of  public  speech.  2 
B.  R.  C.  335. 

Is  compliance  with  law  of  origin  sufficient 
to  secure  protection  under  internation- 
al copyright  act.     1  B.  R.  C.  785. 

Suits  against  officers  relating  to  patents,  as 
suits  against  the  state.  44  L.R.A. 
(N.S.)   217. 

Is  owner  of  original  production,  or  owner 
of  composition  represented  thereby,  the 
proprietor  within  the  meaning  of  the 
copyright  law.     3  B.  R.  C.  (572. 

Right  to  copyright  motion  picture  film,  and 
liability  for  infringement  of  such  copy- 
right.   6  B.  R.  C.  734. 

§  2.  Common  law  rights  of  authors 
and  others  in  intellectual  produc- 
tions. 

Generally.     51  L.R.A.  353;   9  L.R.A. (N.S.) 

174. 
Prerogative  publications.     51  L.R.A.  355. 
Parties.     51  L.R.A.  358. 
Works.     51   L.R.A.   359. 
Rights.     51  L.R.A.  363. 

Before  publication.     51  L.R.A.  363. 

After  publication.     51  L.R.A.  307. 

What        constitutes      publication.        51 
L.R.A.   374;    43  L.R.A.  (N.S.)    641. 
Infringements.     51    L.R.A.   378. 
Remedies.      51    L.R.A.    380, 
Liabilities.     51  L.R.A.  380. 
Copyright      as      superseding      common-law 

rights.     43  L.R.A. (N.S.)   642. 

§  3.  — as  between  employer  and  em- 
ployee. 

See  Masteb  and  Servant,  §  14. 

§  4.  Effect  of  omitting  notice  of,  from 
licensed  publication. 

Necessity  of  notice.     66  L.R.A.  444. 
Variant  notices.     66  L.R.A.  445. 
Defective  notices.     66  L.R.A.  446. 
Works  in  several  parts.     66  L.R.A.  446. 
When  notice  is  entirely  absent.     66  L.R.A. 

447. 
Patents.     66  L.R.A.  449. 

§  5.  Control  of  price  of  copyrighted 
article. 

Right  to  fix  retail  price  of  book  as  incident 
of  copyright.     15  L.R.A.  (N.S.)    767. 

Validity  of  contract  seeking  to  control 
price  at  which  a  copyrighted  article 
shall  be  resold.  27  L.R.A. (N.S.)  401; 
L.R.A.1917A,  1286. 

§   6,  Transfer  of. 

Right  of  purchaser  of,  to  sell  it  free  froni 

restrictions    affecting    it    in    hands    of 

vendor.     55  L.R.A.  632. 
Sale  or  assignment  of  story  as  carrying  the 

exclusive    right    to    dramatize    it.      41 

L.R.A.  (N.S.)    1002. 

§    7.  Infringement. 

Injunction  against,  see  Injunction,  §  71. 

Infringement   generally.      51    L.R.A.    378. 
Liability  of  officers  of  a  corporation  for  its 
infringement.     28   L.R.A.   426. 


2S8 


INDEX  TO  L.R.A.  NOTES. 


COPYRIGHT— cont'd 

Coninioii-law  action  for  infringement.  2 
L.K.A.(X.S.)   !tl3 

Perforated  rolls  and  wax  cylinders  as  in- 
fringein«'nt3  of  copyright  of  sheet  mu- 
sic.    2  15.  U.  C.  (H! 

What  constitutes  infringement  of  dramatic 
copyright.     2   B.   R.  C   107. 

§  8.  —  dainaiccs  for. 

Damages  for  infringement  as  afTccted  by 
loss  of  prolits.     51  L.R.A.  801. 

Punitive  damages  for  infringement  of, 
where  amount  of  actual  damages  is  not 
established.     37   L.R.A.  (N.S.)    533. 

Must  penalty  in  aggregate  for  infringing 
copyright  be  multiple  of  what  would  be 
given  for  each  separate  offense.  1  B. 
R.  C.  768. 

Power  of  equity,  upon  enjoining  infringe- 
ment of  copyright,  to  require  defendant 
to  pa}'  damages  sustained  by  complain- 
ant as  distinguished  from  profits  re- 
alized by  defendant.  21  L.R.A. (KS.) 
526. 

Burden  of  proof  as  to  profits  in  suit  for 
profits  from  infringement  of.  41 
L.R.A.  (X.S.)    653. 

§   9.  Rights  after  expiration  of. 

Right  on  expiration  of,  to  use  of  name  by 
which  article  has  become  known.  16 
L.R.A.(N.S.)  550;  1  B.  R.  C.  649. 

g   10.  Taxation  of. 

State    taxation    of.      51    L.R.A.    381;    57 

L.R.A.   57. 
.^s  an  element  in  taxation  of  capital  stock 

of  corporation.     58  L.R.A.  564. 


COR.\M    NOBIS. 


Writ  of  error  coram  nobis.     18  L.R.A.  838; 
LJI.A.1918A,  1178. 


CORDIALS. 


Misrepresentation  as  to,  as  affecting  valid- 
ly of  trademark.     19  L.R.A.  55. 


CORDWOOD. 


Sufficiency  of   delivery  of,  on   sale  out  of 
larger  lot.     26  L.R.A.(N.S.)  38. 


^•» 


CORXCRIB. 


Use  of  railroad  right  of  way  for  purposes 
of,  as  against  owner  of  ifee.  36  L.R.A. 
(X.S.)  519 


CORNER. 


Corner   as   violation   of   anti-trust  or   mon- 
opoly act.     44  L.R.A. (N.S.)   325, 


CORNER  L.OT. 


Assessment  of,  for  public  improvement.     50 
L.R.A.(N.S.)   922. 


CORN  SHREDDER. 


Recovery  under  Workmen's  Compensation 
Act  for  injury  to  employee  operating. 
L.R.A.1918r,  203. 


CORONERS. 


§    1.  Generally. 

Coroner's  inquest  as  part  of  proofs  of  loss. 
44  L.R.A.  853. 

Liability  for  damages  for  performing  au- 
topsy.    L.R.A.1918D,  404. 

Liability  of,  for  acts  at  inquest.  44  L.R.A. 
(N.S.)   177. 

Opinion  gained  from  newspaper  reports  of 
coroner's  inquest  as  disqualification  of 
juror  in  criminal  case.  35  L.R.A. 
(N.S.)    1010. 

§  2.  Power  to  order  inquest:  when 
proper. 

Power  of,   to  order   post  mortem  examina- 
tion.    31  L.R.A.  540. 
When  coroner's  inquest  necessary  or  prop- 
er.    21  L.R.A.  394. 

S  3.  Admissibility  of  finding  or  evi- 
dence at  inquest. 

Admissibility  of  testimony  of  accused  at 
coroner's  inquest,  see  Evidence,  §  244. 

Admissibility  of  finding  of,  to  show  cause 
of  death.  68  L.R.A.  285;  45  L.R.A. 
(N.S.)    404;  L.R.A.1918E,  924. 

Admissibility  oif  previous  consistent  state- 
ments of  witness  at  coroner's  inquest. 
41  L.R.A. (N.S.)    934. 


■♦»♦■ 


CORPORAL   PUNISHMENT. 

Liability  of  school  teacher  for  personal  in- 
jury to  pupil.     65  L.R.A.  896. 

Right  of  teacher  to  inflict  on  pupil.  1 
B.  R.  C.  718. 

As  cruel  and  unusual  punishment.  35 
L.R.A.  565. 


♦-»♦ 

CORPORATE    CONVEYANCES. 

In  general,  see  Corporations,  V.  b. 
Creditors'  bill  to  set  aside,  see  Creditors' 
Bill. 

• •*—*■ 


CORPOR-^TE    STOCKS. 


Begin  tvith  thi«  booK-  on  every  law  question. 


See  Corporations,  VIII. 


INDEX  TO  L.R.A.  NOTES. 


289 


CORPORATION  COMMISSIONS. 

Action  against,  as  action  against  the  state. 
44   L.R.A.(N.S.)    198. 


CORPORATIONS. 


III. 


IV. 


ri. 


e. 
d. 


e. 


In  general,  §§   1,  2. 
Nature;        creation;        existence; 
franchises;    governmental   con- 
trol   §§  3-12. 
Consolidation;  merger;  reorgani- 
zation,  §§    13- in. 
Charters;  by-laivs,  §§  18-22. 
V.  Rights,    poivers,   duties,    and  lia- 
bility; contracts,  §§  23—39. 
a.  Itights  and  poivers  general- 
ly,  §§  23-21. 
d.  Contracts,     generally;    ultra 

vires,  §§  28-34^. 
c.  Liability   of  corporation,    §§ 
35-39. 
Officers  and  agents,   §§   40-61. 

a.  In  general,  §§  40-4:2. 

b.  Rights    and    powers    of,    §§ 
43-48. 

1.  In  general,  §§  43-46. 

2.  Of    president    and    vice- 
president,  §§  47,  48. 

Compensation,  §  49. 
Fiduciary    relation,    §§    50, 

51. 
Duties  and  personal  liabili- 
ties of,  §§  52-59. 

1.  In  general,  §§  52-56. 

2.  Directors,  §§  57-59. 

f.  Meetings ;  elections,  §  60. 

g.  Removal  of,  §  61. 
Promoters      and      incorporators, 

§§  62-65. 
Capital;  stock,  and  stockholders, 
§§    66-126. 

a.  In  general,  §§  66-76. 

b.  Subscriptions,   §§    77-8 la. 

c.  Transfer;  sale,   §§   82-95. 

d.  IligJits    of   shareholders,    §§ 
96-102. 

e.  Liabilities    of    shareholders, 
§§   103-121. 

1.  In  general,  §§  103-108. 

2.  Calls;    assessments,     §§ 
109-111. 

8.  Effect    of    transfer,     §§ 

112,  113. 
4.  Proceedings    to    enforce, 

§§    114-121. 

f.  Stockholders'   meetings;  vot- 
ing,   §§    122-126. 

Dissolution;  loinding  up;  for- 
feiture,   §§    127-133. 

Insolvency;  rights  and  prefer- 
ences of  creditors,  §§  134-137. 

Foreign  corporations,  §§  138- 
151. 

a.  In  general,  §§  138-144. 

b.  Doing  business  within  state, 

§§    145-148. 

c.  Actions    by    or    against,     §§ 

149-151. 
Consult  also  L.R.A.  Digests  of  Cases. 


VII. 


VIII. 


IX. 


XI. 


19 


CORPOEATIONS--cont'(i. 

I.  In  general. 

§    1.  Generally. 

Banks,   see   Banks. 

Building  and  loan  associations,  see  .Build- 
ing AND  Loan  Associations. 

Railroad  companies,  see  Cakbiehs;  Rail- 
roads. 

Clubs,  see  Clubs. 

Insurance  companies,  see  Insurance,  II. 

Joint  stock  company,  see  Joint  Stock  Com- 
pany. 

Municipal  corporations,  see  Municipal 
Corporations. 

Public  service  corporations,  see  Public 
Service  Corporations. 

Bonds  of,  see  Bonds,  III. 

Conditions  relating  to,  see  Conditions,  §  3. 

Conflict  of  laws  as  to  corporate  matters, 
see  Conflict  of  Laws,  §§  18,  19. 

Constitutionality  of  statutes  ns  to,  see  Con- 
stitutional   Law,    §    62. 

Federal  jurisdiction  over,  see  Courts,  §§ 
40,  43. 

Compelling  production  of  books  and  papers 
of,  see  Discover?  and  Inspection. 

Equity  jurisdiction  over,  see  Equity,  §  19. 

Demand  in  corporate  matters,  see  Demand, 
§    5. 

Presumption  and  burden  of  proof  as  to 
corporate  matters,  see  Evidence,  §§ 
57,  58, 

Identity  or  identification  of,  see  Identity 
and  Identification,  §  7. 

Injunction  as  to  corporate  matters,  see  In- 
junction, §§  34-36. 

Indictment  against,  see  Indictment,  Infor- 
mation, and  Complaint,  §  3. 

Larceny  by,  see  Larceny,  §  7. 

Mandamus  against  corporation,  see  Manda- 
mus, §§  12-15. 

As  parties  defendant,  see  Parties,  §  28. 

Quo  warranto  as  proper  remedy  in  corpor- 
ate matters,  see  Quo  Warranto,  §  4. 

Receivers  of,  see  Receivers. 

Removal  of  suits  against  corporations,  sec 
Removal  of  Causes,  §  8. 

Taxation  of,  see  Taxes,  §§  11,  33-39,  45, 
46,  67. 

Service  of  process  on,  see  Writ  and  Pro- 
cess, §§  22-29. 

Status  of  corporation  as  alien  enemy,  5  B. 
R.  C.  333. 

Applicability  of  Bulk  Sales  Law  to  transfer 
to  corporation  organized  to  take  over 
the  business,     L,R.A.1918C,  932. 

Right  of  agent  to  transfer  his  authority  or 
contract  to  a  corporation  organized  by 
him.    L.R.A.1916F,  89. 

Mistake  in  name  or  description  of  corpora- 
tion as  affecting  judgment  by  default 
against  it.    L.R.A.1916F,  728, 

Corporation  as  peddler  or  hawker  within 
statutory  or  municipal,  regulations. 
L.R.A.1916B,  1296, 

Suit  against  corporation  of  which  state  is 
a  member,  as  suit  against  the  state. 
44  L.R.A.(N.S,)   226. 


•2<.»0 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  I.— cont'd 

Action  against  state  ollioer  to  reach  prop- 
erty deposited  by  corporation  as  se- 
curity, as  action  against  the  state.  44 
L.R.A.(N.S.)    201. 

Seizure  of  property  of  individual  under 
judgment  purporting  to  be  against  a 
corporation  upon  theory  that  there  was 
no  such  corporation.  45  L.R.A.{N.S.) 
189. 

Parol  evidence  to  establish  identity  of  cor- 
poration named  as  legatee  or  devisee  in 
will.     47  L.R.A.(N.S.)  523,  528. 

Particularity  required  in  description  of 
document  of,  in  subpcena  duces  tecum. 
31  L.R.A.(N.S.)  838. 

Set-olT  of  assigned  claims  by  and  against 
corporations.     23  L.R.A.  309. 

Effect  of  erroneously  describing  defendant 
in  process  as  a  corporation  instead  of 
an  individual  or  partnership.  40 
L.R.A.(N.S.)  566. 

Relationship  to  private  corporation  or  asso- 
ciation for  profit  which  will  disqualify 
juror.     40  L.R.A.(N.S.)    973,  978. 

Libel  or  slander  of  a  corporation.  52 
L.R.A.  625. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  statutes 
in  relation  to.     40  L.R.A.  (N.S.)    433. 

§  2.  Decisions  of  tribunals  of. 

See  CoxTBTS,  §§  11,  12. 

//•  Nature;  creation;  existence;  fran- 
chises; governmental  control. 

fi   3.  Generally. 

Corporations  classified.     9  L.R.A.  33.* 
Judicial  notice  in  respect  to.    4  L.R.A.  36.* 
Counties  as  quasi  corporations.     1  L.R.A. 
767.» 

§  4.  Nature  generally. 

What  are  manufacturing  companies?  14 
L.R.A.  107. 

Nature  of  public  corporation  owned  by 
state.     29  .L.R.A.  378. 

Nature  of  incorporated  institutions  belong- 
ing to  the  state.     29   L.R.A.  378. 

§   5.  Creation. 

Effect  of  illegality  of  organization  on  sub- 
scriptions, see  infra,  §  78a. 

Presumption  as  to  incorporation.  22 
L.R.A.  276. 

At  what  stage  in  the  proceedings  is  a  cor- 
poration deemed  to  be  organized.  18 
L.R.A.  (N.S.)  748. 

Fiction  of  incorporation  to  evade  law.  1 
L.R.A.(N.S.)  176. 

Effect  of  subsequent  incorporation  to  make 
valid  a  gift  to  an  unincorporated  as- 
sociation.    14  L.R.A.  410. 

Effect  of  incorporation  of  local  religious  so- 
ciety on  litigation  growing  out  of 
schism  or  division.  24  L.R.A. (N.S.) 
715. 

Incorporation  of  covenantee  as  affecting  cov- 
enant not  to  engage  in  a  competing 
business.     9  L.R.A.(N.S.)    979. 

ticyin  irilh  this  hooh'  on  every  law  question 


CORPORATIONS,  II.— cont'd 

Formation  of  and  transfer  of  property  to, 
as  ground  of  attachment  for  fraud.  30 
L.K.A.  487. 

Denial  of  incorporation  on  information  and 
belief.  .30  L.R.A. (N.S.)  778. 

Dissolution  of  partnership  by  reason  of  for- 
mation of  corporation.  31  L.R.A. 
(N.S.)   471. 


§   6.  Existence. 

Estoppel  to  deny,  see  Estoppel,  §  9, 


§   7.  Franchise. 

Railroad  franchise,  see  Railroads,  §  3. 
Expiration  of  charter,  see  infra,  §  132. 
Forfeiture  of  franchises,  see  infra,  VIII. 
Judicial  sale  of,  see  Judicial  Sale,  §  7. 
Injunction  against  sale  of,  see  Injunction, 

§  36. 
Taxation  of  franchise,  see  Taxes,  §  35. 

Right  to  be  a  corporation  as  a  franchise 
within  constitutional  or  statutory  pro- 
visions taxing  franchises  as  property. 
28  L.R.A.(N.S.)   255. 

Suit  to  restrain  revocation  of  corporation's 
license,  as  suit  against  the  state.  44 
L.R.A. (N.S.)   219. 

Lack  of  or  invalidity  of  franchise  as  a  de- 
fense to  an  action  by  a  public  service 


corporation    for    service 
L.R.A.(N.S.)    713. 


rentals. 


§   8.  De  facto  corporations. 

De  facto  foreign   corporation.        24   L.R.A. 

293. 
Partnership  liability  of  stockholders  in  case 

of  corporations  de  facto.        17   L.R.A. 

551. 
Right  of  de  facto   corporation   to  exercise 

power    of   eminent    domain.      2    L.R.A. 

(N.S.)   144;  50  L.R.A. (N.S.)   236. 


§  0.  As  persons. 

As  persons,  generally.     19  L.R.A.  223. 

As  persons  within  the  meaning  of  statutes. 

19  L.R.A.  225;  60  L.R.A.  331. 
As    persons   within    14th    Amendment.       10 

L.R.A.  129;*  14  L.R.A.  585;  60  L.R.A. 

330. 
Corporations  as  "persons"  with  respect  to 

criminal  responsibility.    2  B.  R.  C.  243. 


§    10.  As  citizens. 

As  citizens  within  Federal  Constitution.  14 

L.R.A.  580;  60  L.R.A.  330. 
Citizenship    for    purpose    of    Federal    juris- 
diction in  state  other  tlian  that  where 
created.     14  L.R.A.  184. 
Consolidated   interstate   corporation   as   do- 
mestic  corporation   of   one   of  the 
states.     15  L.R.A.  82. 


§    11.  Domicil;  residence. 
Citizenship  of,  see  supra,  §  10. 


INDEX  TO  L.R.A.  NOTES, 


291 


CORPORATIONS,  II.— cont'd 
Constructive  domestic   residence   of  foreign 

corporation.     70  L.R.A.   693. 
Domicil  of  corporation  for  taxation  of  tan- 
gible personal  property.     69  L.R.A. 
431. 
Effect    of    certificate    of    incorporation    on 

question  of  domicil.     69  L.R.A.  437. 
Residence    of    corporation    for    purpose    of 
Federal  jurisdiction  in  state  other 
than     that     where     created.         14 
L.R.A.  184. 
Corporation  as  "resident"  within  public  im- 
provement  statutes.     43   L.R.A.  (N.S.) 
272. 

§  12.  Governmental  control  and  regn- 
Intion. 

Dissolution  of  corporation  by  government, 
.s(^o  infra,  IX. 

Of  foreign  corporation,  see  infra,  XI. 

Gov«Miimrntal  regulation  of  carriers,  see 
Cakhiers,  V. 

Judicial  notice  as  to,  see  Evidence,  §  11. 

Regulation  of  rates  of  public  service  corpo- 
ration, see  Rates,  §  2. 

Delegation  of  legislative  power  to  regulate 
internal  management  of.  10  L.R.A. 
(N.S.)   251. 

Reasonableness  of  regulation  of  public  serv- 
ice corporation  requiring  payment  of 
rentals  in.  advance.  19  L.R.A.  (N.S.) 
693. 

Extent  and  limit  of  state  authority  oyer 
consolidated  interstate  corporation.  24 
L.R.A. (N.S.)    769. 

Power  and  duty  of  public  authorities  to 
control  the  issuance  of  securities  by 
public  service  corporations.  47  L.R.A. 
(N.S.)    1167. 

III.  Consolidation;    merger;    reorgani- 
zation. 

§    13.  Generally. 

Monopolistic  combinations,  see  Monopoly 
AND  Combinations. 

Combinations  of  railroads,  see  Railboads, 
§§  9-11. 

Liability  for  incorporation  tax  upon  exten- 
sion, consolidation,  or  merger,  see 
Taxes,  §  34. 

Consolidated  interstate  corporation  as  do- 
mestic corporation  of  one  of  the  states. 
15  L.R.A.  82. 

Extent  and  limit  of  state  authority  over 
consolidated  interstate  corporation.  24 
L.R.A.(N.S.)    769. 

Loss  of  privilege  of  exemption  from  regula- 
tion of  rates  of  public  service  corpora- 
tion by  consolidation.  L.R.A.1915C, 
279. 

§   14.  Right  to  consolidate. 

Definition.     52  L.R.A.  369. 

Necessity  of  legislative  sanction.     52  L.R.A. 

370. 
Consolidation  as  affected  by  law.     52  L.R.A. 

373. 
Necessity     of     stockholder's     consent.       52 

L.R.A.   381. 
Consult  also  L.B.A.  Digests  of  Cases. 


CORPORATIONS,  III.— cont'd 
Rights  and  remedies  upon  unauthorized  con- 
solidation.    52  L.R.A.  387. 
Restrictions  on  consolidation  of  parallel  or 
competing  railroads.     45  L.R.A.  271. 

§  15.  Effect  of;  debts  of  old  corpora- 
tions. 

Effect  of  consolidation  of  foreign  with  do- 
mestic corporation  on  residence  or  citi- 
zenship  for   purpose   of   Federal   juris- 
diction.    14  L.R.A.   185. 
Rights  of  creditors  on  unauthorized  consoli- 
dation of  corporations.     52  L.R.A.  390. 
Effect  of  consolidation,  merger,   or  absorp- 
tion   of   corporation,   on    its   unse- 
cured    liabilities,     in     absence     of 
statutory     or     contract     provision 
relative  thereto.     11   L.R.A. (N.S.) 
1119;    32     L.R.A.(N.S.)     616;     47 
L.R.A.(N.S.)    1058. 
Liability  of  a  consolidated  railroad  company 
for    the    debts    of    its    predecessor. 
23   L.R.A.   231. 
What  unsecured  claims  are  covered  by  the 
express  assumption  by  one  corpora- 
tion of  the  indebtedness  of  another, 
upon  consolidation,  merger,  or  ab- 
sorption.    26  L.R.A. (N.S.)   1101. 
Right  of   creditor  of   insolvent  corporation 
to  maintain  action  at  law  against  new 
corporation  to  which  assets  have  been 
transferred.     11    L.R.A.  (N.S.)    863. 
Right  of  creditors  of  a  corporation  which 
has  transferred  all,  or  substantially  all, 
of  its  assets  to  another  corporation  to 
subject  the  assets  so  transferred  to  an 
equitable  lien  or  preference.     5  L.R.A. 
(N.S.)   520. 
Lien  of  holders  of  bonds  of  one  of  two  or 
more     consolidating     corporations     on 
property   of   corporation    which    issued 
the  .bonds   where   the  new   corporation 
had  agreed  to  protect  them.     47  L.R.A. 
(N.S.)   190. 

§    16.  Rights  of  stockholders. 

Right  of  minority  stockholders  to  represen- 
tation in  new  or  reorganized  corpora- 
-     tion.     10  L.R.A.(N.S.)    725. 

Respective  rights  of  life  tenant  and  re- 
mainderman in  distributions  by  corpo- 
ration in  process  of  consolidation  or 
merger  Avith  other  corporations.  12 
L.R.A.(N.S.)   805. 

§  17.  Taxation  of  consolidated  cor- 
porations. 

See  Taxes,  §  34. 

IV.  Charters;  ty-laws, 

§    18.  Charter. 

Forfeiture  of,  see  infra,  IX. 
Expiration  of,  see  infra,  §  132. 

What  is  within  charter  power  to  build 
lateral  railroad.     12  L.R.A. (N.S.)   326. 

Charter  limitations  as  to  period  of  exist- 
ence.    33   L.R.A.   576. 

Charter  restrictions  on  eligibility  to  be- 
come shareholder.     46  L.R.A.  618. 


292 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  IV.— cont'd 

Effect  of  charter  provision  granting  rights 
in  percolating  waters.     19  L.R.A.  99. 

Charter  provisions  against  power  of  legis- 
lature to  fix  tolls,  rates  or  prices.  33 
L.R.A.  186. 

Right  to  question  power  of  corporation  to 
take  by  will  property  in  excess  of  its 
charter  authority.  9  L.R.A.(N.S.) 
689;   44  L.R.A.  (N.S.)   544. 

Construction  of  charter  provisions  in  deter- 
mining right  of  railroad  company  to 
guarantee  the  securities  of  another  rail- 
road company.     L.R.A.1918D,  177. 

Legislative  sanction  of  consolidation.  52 
L.R.A.  372. 

Extraterritorial  effect  of  restriction  in  char- 
ter as  to  rate  of  interest.  62  L.R.A. 
76. 

§   19.  —amendment  or  repeal. 

Reserved  right  to  amend  and  repeal  charter 
as  to  taxation.     60  L.R.A.  69. 

Right  under  reserved  power  to  amend  or 
repeal  charter  of  corporation  to  change 
the  rights  of  stockholders  as  to  voting 
the  stock.    22  L.RJV,(N.S.)    420. 

Regulation  of  rates  of  public  service  corpo- 
ration fixed  by  franchise  or  charter  as 
exercise  of  reserved  power  to  alter 
charter.    L.R.A.1915C,  277. 

§   20.  By-laws. 

Of  benevolent  society,  see  Benevolent  So- 
cieties, §  4. 

Of  insurance  company,  see  Insurance, 
§§  46,  47. 

Effect  of,  as  notice.    25  L.R.A.  48. 

Lien  by,  on  corporate  stock  as  notice  of  lien 
to  pledgee  or  assignee.  39  L.R.A. 
(N.S.)    295. 

Effect  of  change  in,  with  respect  to  lien 
on  corporate  stock  on  priorty  of  lien 
of  corporation  as  against  pledgee  or 
bona  fide  purchaser  of  stock.  39  L.R.A. 
(N.S.)   300. 

Effect  on  lien  of  corporation  on  stock  cer- 
tificate of  failure  to  post  by-law  giving 
lien.     39  L.R.A. (N.S.)    300. 

To  compel  acceptance  of  office.  24  L.R.A. 
492. 

Mandamus  to  enforce  provision  of  by-laws 
of  corporation.     32  L.R,A.  575. 

fi   21.  —as  to  voting  and  elections. 

Right  to  vote  by  proxy  under.  18  LJR.A. 
.584;  29  L.R.A.  845*. 

Regulation  by  by-laws  of  elections  by  pri- 
vate corporations.     18  L.R.A.  582. 

Modification  by,  of  quorum  for  meeting  of 
stockholders.     21  L.R.A.  175. 

§  22.  —as  to  stock  and  stockholders 
generally. 

Restricting  transfer  of  stock.  27  L.R.A. 
271. 

Assessments  on  paid  up  stock  under  by- 
laws.   45  L.R.A.  051. 

Effect  of  by-law  requiring  transfer  of  stock 
on  books.    67  L.R.A.  672. 

Begin  with  this  hook  on  every  law  question. 


CORPORATIONS,  IV.— cont'd 

Estoppel   of   building   association   to   assert 

illegality  of   its  by-law  that  the  stock 

will  mature  at  a  fixed  time.     15  L.R.A. 

(N.S.)  503. 
Effect  of  by-law  on  stockholder's  right  to 

inspect     corporate     books.     20     L.R.A. 

(N.S.)    196. 

F.  Rights,   powers,   duties   and   liabili- 
ties; contracts. 

a.  Bights  and  powers,  generally. 

§23.  Generally. 

Right  to  consolidate,  see  supra,  §  14. 

Of  consolidated  corporation,  see  supra,  §  15. 

Powers  of  bank,  see  Banks,  §  2. 

Powers  of  loan  associations,  see  Buxx-dinq 
AND  Loan  Associations,  §  2. 

Powers  of  railroad  company,  see  Rail- 
BOAJJS,    §    4. 

Estoppel  to  deny  corporate  powers,  see  Es- 
toppel, §  10. 

Legal  powers  and  privileges  of  surety  and 
trust  companies.     48  L.R.A.  587. 

Insurance  on  life  of  officer  for  benefit  of 
corporation.     L.R.A.1915F,  979. 

Injunction  against  judgments  confessed  by. 
30  L.R.A.  240. 

Delegation  of  power  of  taxation  to  corpo- 
ration.    15  L.R.A.(N.S.)   61, 

Power  of  corporation  to  insure  life  of  officer 
for  benefit  of  corporation.  16  L.R.A. 
(N.S.)    1020. 

Right  of  corporation  to  circulate  a  black 
list  among  its  own  agents  and  em- 
ployees.    63  L.R.A.  292. 

Right  to  sue  for  libel.    2  L.R.A-. (N.S.)  741. 

Practice  of  law  or  medicine  by  corporation. 
32  L.R.A.(N.S.)    56. 

What  is  within  charter  power  to  build  lat- 
eral railroad.     12  L.R.A.(N.S.)    326. 

Implied  power  of  railroad  company  to  guar- 
antee enterprise  other  than  the  trans- 
portation of  goods  or  passengers.  2 
L.R.A.{N.S.)  887;  38  L.R.A.(N.S.)  830. 


§24.  Power  to  deal  in  its  own  stock. 

Right  of,  to  purchase  its  own  shares  of 
stock.  18  L.R.A.  254;  61  L.R.A.  621; 
25  L.R.A.(N.S.)  50;  30  L.R.A. (N.S.) 
694;  44  L.R.A.  (N.S.)  156;  L.R.A. 
1916F,  286. 


§  25.  Power  to  deal  in  stock  of  other 
corporations. 

Restriction  on  power  to  take  under  will, 
see  Wills,  §§  72,  73. 

Power  to  deal  in  stock  of  other  corpora- 
tions.    18  L.R.A.  252. 

Power  of  national  bank  to  acquire  and  hold 
stock  of  other  corporations.  L.RA 
1916A,  584. 

§2  6.  Property  rights;  charitable  gifts 
to. 

Disposition  of  property  essential  to  corpo- 
rate existence,  see  infra,  §  133. 
Of  foreign  corporation,  see  infra,  §  142. 


INDEX  TO  L.R.A.  NOTES. 


293 


CORPORATIONS,  V.  a— cont'd 

As  beneficiaries  of  charitable  bequest.  14 
L.R.A.(N.S.)  140;  37  L.R.A.(N.S.) 
1019. 

Law  governing  validity  of  bequest  to.  2 
L.R.A.(N.S.)    440. 

Effect  of  subsequent  incorporation  to  make 
valid  a  gift  to  an  unincorporated  asso- 
ciation.    14  L.R.A.  410. 

Right  to  locate  mining  claim.  7  L.R.A. 
(N.S.)"816. 

Right  of  de  facto  corporation  to  exercise 
power  of  eminent  domain.  2  L.R.A. 
(N.S.)    144;   50  L.R.A.  (N.S.)    236. 

Power  of  corporation  to  dedicate  property 
for  public  use.     8  L.R.A.(N.S.)   966. 

Disposition  of  real  property,  on  dissolution 
of  corporation  created  for  benevolent 
or  social  purposes.  35  L.R.A. (N.S.) 
895. 

Injunction  against  execution  sale  of  prop- 
erty of  quasi  public  corporation.  30 
L.R.A.  104. 

§  2  6a.  — who  may  contest  power  of 
corporation  to  take  or  hold  prop- 
erty. 

Right  of  private  persons  to  contest  the  pow- 
er of  a  corporation  to  take  or  hold 
property.     32  L.R.A.  293;  9  L.R.A. 
(N.S.)   689;  46  L.R.A.(N.S.)   72. 
The  inability  of  the  corporation  to  hold 
the  property  does  not  give  immun- 
ity to  wrongdoers.     32  L.R.A.  295. 
Right  of  persons  contracting  with  cor- 
poration.    32  L.R.A.  295. 
Defective   organization    and   forfeiture. 

32  L.R.A.  295. 
Suits   by  the   corporation.     32   L.R.A. 

296. 
Specific  performance.    32  L.R.A.  296. 
Property  acquired  by  will.     32  L.R.A. 
297;  44  L.R.A. (N.S.)   544. 
Who   may   take   advantage   of   statute   ren- 
dering "foreign  corporation  incapable  of 
taking    title     to     real     property.       33 
L.R.A.(N.S.)    355. 

§   2  7.  As   trustee   for   charitable   trust. 

As  trustee  for  charitable  trust.  14  L.R.A. 
(N.S.)    Ill;  37  L.R.A. (N.S.)    1011. 

b.  Contracts  generally ;  ultra  vires. 


§   28.  Generally. 

Of  foreign  corporations,  see  infra,  §  148. 
Rights  and  powers  of  corporate  officers  as 

to,  see  infra,  §§  44,  45,  48. 
Validity  of  contract,  see  Contbacts,  §§  93- 

96. 
Power   to   give   mortgage,    see   Mortgage, 

§  10. 

Estoppel  to  set  up  plea  of  ultra  vires.  1 
L.R.A.  285;*  11  L.R.A.  847;*  12 
L.R.A.  168;*  20  L.R.A.  705. 

Conveyance  by  corporation  of  land  held  ad- 
versely.    35  L.R.A. (N.S.)   748. 

Consult  also  L.R,A.  Digests  of  Cases. 


CORPORATIONS,  V.  b— cont'd 

Liability  of  insurance  company  on  con- 
tracts of  another  company  which  it 
has  absorbed  or  attempted  to  absorb. 
36  L.R.A.(N.S.)    597. 

Liability  of  corporation  on  contracts  of 
promoters.  26  L.R.A.  544;  50  L.R.A. 
(N.S.)  979. 

Enforceability  of  loan  to  private  corpora- 
tion, which  alone,  or  in  connection 
with  existing  indebtedness,  exceeds  the 
corporation's  power  to  incur  indebted- 
ness.    11   L.R.A.(N.S.)    598. 

Recovery  for  services  and  expenses  under 
running  contract  with  a  corpora- 
tion ended  by  its  insolvency  and 
dissolution.      69   L.Rjl.   124. 

Removal  for  separable  controversy  of  suit 
by  stockholders  growing  out  of  ultra 
vires  acts.    5  L.R.A. (N.S.)  82. 

Power  of  corporation  to  contract  to  defray 
medical  expenses  of  their  injured  em- 
ployees.    L.R.A.1915C,  793. 

Power  of  brewing  corporation  to  purchase 
or  lease  property  to  be  used  by  re- 
tailers of  its  products.  47  L.R.A.(N.S.) 
898. 

Secret  dealings  between  vendor  and  one  who 
promoted  the  organization  of  a  corpo- 
rate purchaser  as  a  ground  for  rescis- 
sion of  contract.     L.R.A.1916C,  1000. 

Effect  of  statutes  forbidding  corporate  offi- 
cers, directors,  or  stockholders  to  be 
interested  directly  or  indirectly  in 
dealings  with  the  corporation.  L.R.A. 
1916A,  783. 

§   2  9.  Contracts  of  guaranty. 

Implied  power  of  railroad  company  to  guar- 
antee enterprise  other  than  the  trans- 
portation of  goods  or  passengers.  38 
L.R.A.(N.S.)    830. 

Right  of  railroad  company  to  guarantee  the 
securities  of  ^.nother  railroad  company. 
L.R.A.1918D,  175. 

Liability  under  continuing  guaranty  run- 
ning to  corporation  for  goods  sold  or 
credits  extended  after  a  change  in  the 
corporation.     14  L.R.A. (N.S.)   1231. 

Power  of  corporation  organized  for  the 
manufacture  and  sale  of  liquor  to  en- 
ter into  contracts  of  guaranty  or  sure- 
tyship on  behalf  of  its  customers, 
or  prospective  customers.  27  L.R.A. 
(N.S.)    186;   L.R.A.1918C,  1008. 

§  30.  As  to  negotiable  paper. 

Rights    and   powers    of    officers   as    to,    see 

infra,  §  45. 
Liability  of  corporate  oflScers  on,  see  infra, 

§  55. 

Power  of  corporation  to  issue  accommoda- 
tion   paper.      9   L.R.A. (N.S.)    193. 

Circumstances  sufficient  to  put  one  taking 
corporation  paper  on  inquiry.  29  L.R.A. 
(N.S.)  359;  44  L.R.A.(N.S.)  404; 
L.R.A.1918F,  1153. 

Commercial  paper  of,  as  payment  of  corpo- 
rate  debt.     35   L.R.A. (N.S.)    79. 

Liability  of  corporation  on  negotiable  pa- 
per executed  by  officer  or  agent.  21 
L.R.A.(N.S.)    1046. 


INDEX  TO  L,R.A.  NOTES. 


294 

CORPORATIONS,  V.  b— cont'd 

Riglit  of  one  who  takes  commercial  paper 
of  corporation  in  payment  of,  or  se- 
curitv  for.  an  individual  debt  of  ofh- 
cer.   31L.R.A.(N.S.)  169;  L.R.A.19181S 

Power  of  agents  to  indorse.    27  L.R.A.  401. 
Seal   as    aifecting   negotiability    of   biJJ   <"^ 

note   of   corporation.     35   L.K.A.   oUo. 
Effect    of    naming    nonexistent   corporation 

as  payee  in  negotiable  instrument.     22 

L.R.A.(N.S.)  507. 
Purchase  of  corporate  paper  at  discount  as 

usury.    43  L.R.A.(N.S.)  218. 
Ownership  of  paper  payable  to  directors  or 

officers    of    a    corporation.     50    L.K.A. 

(N.S.)  1115. 

§  SI.  Availability  of  defense  of  usury 
to  or  a«:ainst  corporation. 

Effect  of  statute  forbidding  corporation  to 
plead  usury.     62  L.R.A.  79. 

Applicability  of  statute  forbidding  corpo- 
ration to  interpose  defense  of  usury,  as 
affected  by  the  foreign  or  domestic 
character  of  the  corporation,  the  situs 
of  the  contract,  or  the  place  of  suit. 
16  L.R.A.(N.S.)    616. 

Issuance  of  corporate  bonds  at  less  than 
par  as  usury.     35  L.R.A. (N.S.)    1106. 

§   32.  Formal  requisites. 

Effect  of  vote  or  resolution  by  directors  of 
private  corporation,  without  more,  to 
complete  a  contract.  18  L,R.A.(N.S.) 
293. 

Acknowledgment  of  corporate  instrument 
before  one  who  is  a  stockholder  or  oflS- 
cer  of  corporation.  23  L.R.A.(N,S.) 
1075. 

Seal  as  affecting  negotiability  of  bill  or 
note  of  corporation.     35   L.R.A.   606. 

Estoppel  to  raise  defense  of  ultra  vires  with 
respect  to  contracts  defective  in  point 
of   form.     L.R.A.1917A,   770. 

§  32a.  Estoppel  to  raise  defense  of 
ultra  vires. 

How  far  a  private  corporation  is  estopped 
from  raising  the  defense  of  ultra  vires 
in  an  action  brought  against  it.  L.R.A. 
1917A,  749. 

Estoppel  against  raising  the  defense  of  ultra 
vires  in  actions  brought  by  private  cor- 
poration.    L.R.A.1917B,  821. 

§  33.  Who  may  question  power  of  cor- 
poration to  make  contract. 

Who  may  contest  power  of  corporation  to 
hold  property,  see  supra,  §  2Ga. 

Does  the  competition  with  one's  business, 
which  results  from  the  ultra  vires  act 
of  a  corporation,  entitle  him  to  chal- 
lenge the  power  of  the  corporation  to 
engage  therein.     IZ   L.R.A.(N.S.)    757. 

Right  of  subsequent  creditor  to  question 
corporate  mortgage  in  favor  of,  or  for 
the  benefit  of,  directors,  in  absence  of 
fraud.     12  L.R.A. (N.S.)   825. 


Begin  with  this  booh  on  every  law  question. 


CORPORATIONS,  V.  b— cont'd 

Laches  or  acquiescence  by  stockholder  as 
affecting  his  right  to  complain  of  act 
by  which  corporation  devests  itself  of 
the  title  or  control  of  its  entire  prop- 
erty.    9   L.R.A.(N.S.)    606. 

§  33a.  Remedies  of  parties  to  ultra 
vires  contract. 

Remedies  which  the  parties  to  an  ultra  vires 
contract  are  entitled  to  pursue  apart 
from  an  action  on  the  contract  itself. 
L.R.A.1917A,  1026. 

§34.  Ratification. 

Implied  ratification  of  unauthorized  lo^n 
effected  by  agent.  6  L.R.A. (N.S.)  311; 
52  L.R.A.(N.S.)  571. 

Ratification  of  acts  of  directors  by  vote  of 
stockholders  including  those  who  are 
directors.      36   L.R.A. (N.S.)    199. 

Of  contracts  of  promoters.  26  L.R.A.  548; 
50  L.R.A.(N.S.)   980. 

Of  unauthorized  consolidation  of  corpora- 
tion.    52  L.R.A.  373. 

c.  Liahility  of  corporation. 

§   35.  Generally. 

Liability  on  contracts,  see  supra,  V.  b. 
Power  of  officers  and  agents  to  bind   cor- 
poration, see  infra,  VI.  b. 
Of   consolidated    corporation,   see   supra,    § 

15. 
For    unauthorized    transfer    of    stock    on 

books,  see  infra,  §  89. 
Of  carrier,  see  Carriers. 
Of  railroads,  see  Railroads,  VII.  a. 
Of  street   railway,  see  Street   Railways, 

IV. 
Liability  for  libel  or  slander,  see  Libel  and 

Slander,   II. 
To  emplovees,   see  Master  and   Servant, 

III.  a'. 
Taxation  of  corporations,  see  Taxes,  §§  11, 

33-39,  45,  46,  67. 
Liability  for  trespass,  see  Trespass,  §  9. 

Discretion  of  court  as  to  penalty  to  be 
imposed  upon  a  corporation  for  viola- 
tion of  law.    L.R.A.1915A,  892. 

Constitutionality  of  retroactive  statute 
creating  right  of  action  against.  52 
L.R.A.  938. 

Liabilities  of  incorporated  institutions  be- 
longing to  state.     29  L.R.A.  383. 

Liability  as  between  corporation  and  one 
acting  in  good  faith,  to  whom  it  issues 
new  certificate  of  stock  on  forged  au- 
thority.    2   B.  R.  C.  528. 

At  whose  instance  judgment  against  cor- 
poration may  be  set  aside.  54  L.R.A. 
763. 

g   36.  For  what  liable. 

May  a  corporation  be  convicted  of  homi- 
cide. 21  L.R.A. (N.S.)  998;  45  L.R.A. 
(N.S.)   344. 

Liability  of  corporation  formed  by  firm, 
partnership,  or  association  for  debts  of 
old  concern,  in  the  absence  of  express 
assumption  or  fraud.  29  L.R.A.(N.S.) 
589. 


INDEX  TO  L.R.A.  KOTES. 


295 


CORPORATIONS,  V.  c— cont'd 

Duty  to  give  clearance  card  to  discharged 
employee.     62   L.R.A.   925. 

Liability  of  corporation  for  services  ren- 
dered before  its  organization,  of  which 
it  has  had  the  benefit.    4  B.  R.  C.  757. 

§   36a.  —  torts. 

Liability  for  libel  or  slander,  see  Libel 
AND  Slander. 

For  malicious  prosecution.     14  L.R.A.  791. 

Liability  of  corporation  for  exemplary  dam- 
ages in  action  for  malicious  prosecu- 
tion or  abuse  of  process  in  suing  out 
attachment  for  collection  of  debt  only. 
29  L.R.A.  (N.S.)    280. 

Liability  for  torts  as  within  express  as- 
sumption by  one  corporation  of  indebt- 
edness of  another  on  consolidation, 
merger,  or  absorption.  26  L.R.A. 
(N.S.)    1101. 

Liability  of  private  corporation  for  re- 
moval of  lateral  or  subjacent  support 
while  exercising  power  of  eminent  do- 
main.    68  L.R.A.  701. 

For  damming  back  water  of  stream.  59 
L.R.A.   858. 

Liability  growing  out  of  the  giving  or  re- 
fusing of  information  affecting  the 
character  or  reputation  of  a  servant. 
4   L.R.A. (N.S.)    1091. 

Liability  of  public  corporation  for  safety 
of   wharf  or  dock.     61   L.R.A.  953. 

Liability  for  tort  committed  by  partner  or 
agent  with  the  object  of  procuring 
bublness.     5  B.  R.  C.  88. 

§   3  7.  For  whose  acts  liable. 

Liability  of  bank  for  acts  of  officers  or  em- 
ployees, see  Banks,  IV. 

Liability  for  tort  arising  while  it  was  in  the 
hands  of  a  receiver.     L.R.A.1918F,  320. 

Criminal  prosecution  of  corporation  for 
acts  or  omissions  while  in  hands  of 
receiver.     26  L.R.A. (N.S.)    710. 

For  acts  of  independtnt  contractor  in  re- 
spect of  matters  incident  to  the  exer- 
cise of  corporate  franchise.  66  L.R.A. 
]3G. 

Liability  of  one  railroad  corporation  pos- 
sessing stock  control  of  another  for 
the  acts  and  contracts  of  the  latter. 
35  L.R.A.(N.S.)    770. 

§   3  8.  —  for  acts  of  officers  or  agents. 

For  fraud  or  forgery  of  officers  in  issue  of 
stock.  19  L.R.A.  331;  41  L.R.A. (N.S.) 
187. 

Of  corporation  for  charitable  purposes  for 
act  of  servant.     23   L.R.A.  200. 

Liability  of  corporation  on  negotiable  pa- 
per executed  by  officer  or  agent.  21 
L.R.A. (N.S.)    ]646. 

Liability  of  corporation  for  slander  or  libel 
by  an  agent  or  employee.  21  L.R.A. 
(N.S.)   873;  L.R.A.1915D,  867. 

Liabilitj'  of,  for  acts  of  special  police  offi- 
cer appointed  by  public  authority.  23 
L.R.A.  (N.S.)  289;  30  L.R.A.  (N.S.) 
481;  39  L.R.A. (N.S.)  122;  43  L.R.A. 
(N.S.)    1164;  L.R.A.1915C,  1183. 

Consult  also  L.R.A.  Digests  of  Cases. 


CORPORATIONS,  V.  c— cont'd 
False  statements  in  reports  required  to  be 
filed  with  public  officers,  as  fraud  which 
will  sustain  an  action  against  the  cor- 
poration.    35  L.R.A. (N.S.)    858. 
Liability   of   corporation   for   fraud  or   for- 
gery of  its  officers  in  the  issue  of 
stock.     41  L.R.A.  (N.S.)    187. 

§   39.  Criminal  liability;  contempt. 

Liability  for  homicide,  see  Homicide,  §  4. 

Criminal  responsibility  of  corporations.     2 

B.  R,  C.  231. 
Criminal  prosecution  of  corporation  for  acts 

or  omissions  while  in  hands  of  receiver. 

26  L.R.A.(N.S.)   710. 
Criminal   responsibility   of   corporation    for 

acts   of   servant   or   agent.      43    L.R.A. 

(N.S.)   40. 
Criminal  responsibility  of  railroad  company 

for   blocking   street   or   highway   cross- 
ing.    L.R.A.1915B,   329. 
Punishment    of    corporation    for    contempt. 

4   L.R.A.(N.S.)    1001. 

VI.  Officers  and   agents. 


a.  In  general. 


§40.  Generally. 

Liability  of  corporation  for  acts  of  officers 
or  agents,  see  supra,  V.  c. 

Of  bank,  see  Banks,  §  6-8a. 

Notice  to  officer  or  agent  of  corporation  as 
binding  corporation,  see  Notice,  §   15. 

Service  of  process  on,  see  Writ  and  Proc- 
ess, §  26. 

Officers  as  "employees"  within  meaning  of 
Workmen's  Compensation  Act.  L.R.A. 
1918F,  203. 

Officer  of  bankrupt  corporation  as  within 
protection  of  provision  of  bankruptcy 
act  as  to  use  in  criminal  proceedings  of 
testimony  given  by  bankrupt.  L.R.A. 
1917B,  614. 

Directors,  trustees,  and  officers  of  incorpo- 
rated institutions  belonging  to  state. 
29   L.R.A.   384. 

Mandamus  to  compel  surrender  of  office. 
31  L.R.A.  360. 

Mandatory  injunction  to.    20  L.R.A.  167. 

Service  of  process  on  director  of  foreign 
corporation.     23   L.R.A.  494. 

Competency  as  an  attesting  witness  of  offi- 
cer of  corporation  named  as  executor 
or    trustee.      L.R,A.1916D,    185. 

Power  of  public  to  determine  capacity  or 
suitableness  of  particular  officer,  agent 
or  employee  of  private  corporation. 
L.R.A.1915E,  708. 

Quo  warranto  or  information  in  nature  of 
quo  warranto  to  test  title  to  office.  51 
L.R.A.  (N.S.)    1126. 

Validity  of  contract  or  option  by  director 
for  purchase  of  stock  of  employee  of 
corporation  upon  discontinuance  of 
employment.      L.R.A.1916D,    1117. 


2M 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  VI.  a— contd. 

Insurance  on  life  of  officer  of  corporation 
for  benefit  of  the  corporation.  10 
LR.A.(N.S.)  1020;  L.R.A.1915F,  979. 

Reports  to  corporation  by  agents  as  privi- 
leged communication.  6  L.K.A.(iN.o.) 
325. 

Right  of  one  who  takes  commercial  paper 
of  corporation  in  payment  of,  or  se- 
curity for,  an  individual  debt  of  officer. 
31     L.R.A.(N.S.)      169;     L.R.A,1918F, 

1163.  ^         ^      , 

Ratification  of  acts  of  directors  by  vote  of 
stockholders  including  those  who  are 
'    directors.     36  L.R.A.(N.S.)    199. 

Secret  bonus  to  officer  or  director  as  af- 
fecting right  to  enforce  contract  against 
corporation.     7  L.R-A.(N.S.)   467. 

Inherent  jurisdiction  of  equity  at  instance 
of  stockholder  to  appoint  receiver,  or 
wind  up  the  corporation  because  of 
mismanagement  or  fraud  of  its  officers. 
39  L.R.A.(N.S.)  1032;  L.R.A.1915A, 
606. 

§  41.  Directors  de  facto. 

Who  are.     15  L.R.A.  418. 

Eligibility.     15  L.R.A.  419. 

Termination  of  right  to  act  as  directors. 
15  L.R.A.  419. 

§  42.  Affidavit  OP  verification  by. 

Does  description  of  affiant  in  an  affidavit 
for  attachment,  as  a  specified  officer  of 
a  corporation,  import  that  he  is  an 
agent  of  the  corporation,  as  required 
by  statute.     14  L.R.A, (N.S.)    1135. 

Is  affidavit  or  verification  by  officer  of 
corporation  to  be  regarded  as  made  by 
an  agent  of  the  corporation.  16  L.R.A. 
(N.S.)   703. 

h.  Rights  and  powers  of. 

1.  In  general.    • 

§   43.  Generally. 

Officers  of  bank,  see  Banks,  §  8. 

Hound  to  notice  by-laws.     25  L.R.A.  48. 

How  far  corporation  charged  with  knowl- 
edge of  managing  officer  engaged  in  il- 
legal act.    2  L.R.A.(N.S.)   993. 

Directors  and  officers  as  preferred  creditors. 
22  L.R.A.  806. 

Power  of  directors  to  increase  capital  stock. 
38  L.R.A.  617. 

Right  of  director  to  rely  on  statements 
made  by  persons  in  immediate  charge 
of  corporation's  business.  6  B.  R,  C. 
195. 

Right  of  directors,  when  creditors  of  cor- 
poration, to  enforce  stockholders'  lia- 
bility to  creditors.     50  L.R.A.  273. 

Right  of  officer  of  corporation  to  refuse  to 
turn  over  books  to  a  receiver  upon  the 
ground  that  they  have  a  tendency  to 
incriminate  him.    30  L.R.A.(N.S.)   725. 

Power  of  corporation  to  insure  life  of  offi- 
cer for  benefit  of  corporation.  16 
UR.A.(N.S.)    1020;    L.R.A.1915F,  979. 

Right  of  minority  stockholder  to  restrain 
voluntary  dissolution  of  corporation  by 
directors.     23  L.R.A.(N.S.)    1177. 


Begin  tcith  this  book  on  every  law  question. 


CORPORATIONS,  V.  b,  1— cont'd 

Right  of  receiver  to  compel  officers  of  corpo- 
ration to  deliver  to  recjiver  property  of 
corporation  claimed  by  them  adversely. 
47  L.R.A.(N.S.)   751. 

Effect  of  statutes  forbidding  corporate  offi- 
cers or  directors  to  be  interested  di- 
rectly or  indirectly  in  dealings  with  the 
corporation.     L.R'.A.1916A,   783. 

Right  of  directors  to  vote  bonus  to  officers 
as  compensation .  for  services.  L.R.A. 
1915D,  632. 

§  4  4.  A.S  to  contracts. 

Of  president  or  vice  president,  see  infra. 
§  48. 

Validity  of  individual  contract  of  director 
to  pay  dividends.     L.R.A.1917A,  1077. 

Authority  to  contract  for  services  of  other 
persons.     L.R.A.1918F,  32. 

Time  for  which  contracts  of  employment 
may  be  made.  49  L.R.A.  471;  17  L.R.A. 
(N.S.)   177. 

Implied  or  presumed  authority  of  superin- 
tendent of  department  to  contract  as 
to  matters  relating  to  his  department. 
38  L.R.A. (N.S.)    1135. 

Power  of  officers  against  consent  of  mi- 
nority stockholders  to  sell  property  of 
corporation  essential  to  its  existence 
as  a  going  concern.  35  L.R.A. (N.S.) 
396. 

Implied  power  of  employee  of  corporation 
to  employ  physician  to  attend  injured 
employee.  4  L.R.A.  (N.S.)  58;  34 
L.R.A.(N.S.)   351;   L.R.A.1915C,  809. 

§  45.  —as  to  negotiable  paper. 

Liability  on,  see  infra,  §  55. 

Power  of  president  or  vice  president  of  a 
corporation  to  make.    14  L.R.A.  357. 

Liability  of  corporation  on  negotiable  pa- 
per executed  by  officer  or  agent.  21 
L.R.A.  (N.S.)    1046. 

Right  of  one  who  takes  commercial  paper 
of  corporation  in  payment  of  note  or 
as  security  for  individual  debt  of  offi- 
cer. 31  L.R,A.(N.S.)  169;  L.R.A. 
1918F,  1163. 

Check  drawn  by  corporate  officer  payable  to 
his  own  order  as  imparting  notice  to 
drawee  bank  of  an  intended  misappro- 
priation.    L.R.A.1915B,  715. 

Power  of  agents  to  indorse  negotiable  paper. 
27  L.R.A.  401. 

Ownership  of  paper  payable  to  director  or 
officers.     50  L.R.A.(N.S.)    1115. 

Is  officer  or  employee  of  corporation  charge- 
able with  its  knowledge  of  infirmities 
in  commercial  paper  purchased  from  it. 
L.R.A.1915D,  1099. 

§   46.  To  take  acknowledgment. 

Right  of  officer  of  corporation  to  take  ac- 
knowledgment of  instrument  in  which 
corporation  interested.  33  L.R.A.  337; 
23  L.R.A.(N.S.)  1078;  41  L.R.A.  (N.S.) 
375. 


INDEX  TO  L.R.A.  NOTES. 


297 


CORPORATIONS,  V.  b— cont'd. 
2.  Of  president  and  vice  president. 

§   4  7.  Generally. 

Powers  of  president.     14  L.R.A.  356. 
When  vice  president  may   exercise  author- 
ity of  president,     14  L.R.A.  360. 

§   48.  As  to  contracts. 

As  to  contracts,  generally.     14  L.R.A.  356. 

Presumption  that  a  contract  with  a  corpo- 
ration is  within  the  autliority  of  its 
president.     7   L.R.A.(N.S.)    376. 

Authority  of  president  to  contract  for  serv- 
ices of  other  persons.    L.R.A.1918F,  33. 

Time  for  which  contracts  of  employment 
may  be  made  by.    49  L.R.A.  472. 

c.  Compensatiort. 

§   4  9.  Generally. 

Treatment  of  salaries  paid  officers  in  esti- 
mating the  return  of  a  public  service 
corporation  for  rate-making  purposes. 
52  L.R.A.  (N.S.)   53,  69. 

Right  of  officer,  director,  or  stockholder,  in 
absence  of  special  contract,  to  compen- 
sation for  services  to  corporation. 
L.R.A.1917F,  310. 

Validity  of  a  contract  to  pay  an  officer  of 
a  railroad  company  for  his  own  bene- 
fit conditioned  on  specified  location  of 
road  or  a  depot.  6  L.R.A. (N.S.)  524; 
25  L.R.A.(N.S.)   967. 

Liability  of  corporate  directors  as  affected 
by  compensation.     65  L.R.A.  773. 

Priority  of  claims  against  property  in  hands 
of  receiver  for  services  of  officers.  2 
L.R.A.(N.S.)   1036,  1060. 

Eflect  of  corporate  dissolution  on.  69  L.R.A. 
144. 

Right  as  between  trustee  and  cestui  que 
trust  to  compensation  due  for  former's 
services  as  director.     1  B.  R.  C.  313. 

Right  of  directors  to  vote  bonus  to  officers 
as  compensation  for  services.  L.R.A. 
1915D,   632. 

d.  Fiduciary   relation. 

§   50.  Generally. 

Effect  of  statutes  forbidding  corporate  offi- 
cers or  directors  to  be  interested  direct- 
ly or  indirectly  in  dealings  with  the 
corporation.     L.R.A.1916A,   783. 

Secret  bonus  to  officer  or  director  of  corpo- 
ration as  affecting  right  to  enforce 
contract  against  corporation.  7  L.R.A. 
(N.S.)    467. 

Liability  of  promoter  on  sale  to  corpora- 
tion of  propertv  for  sale  of  which  he 
is  agent.     18  L'r.A.(N.S.)   1115. 

Duty  of  director  toward  one  from  whom 
he  purchases  stock.     L.R.A.1916B,  708. 

Are  directors  under  any  obligation  to  dis- 
close matters  which  may  make  shares 
more  valuable,  before  purchasing  shares 
from  individual  stockholders.  4  B.  R. 
C.  792. 

Fiduciary  relationship  to  interest  adverse  to 
that  of  corporation  as  disqualifying  di- 
rector.    7  B.  R.  C.  81. 

Cottsnlt  also  L.R.A.  Digests  of  Cases. 


CORPORATIONS,  V.  d— cont'd 

§  51.  Dealings  between  corporations 
having  common  ofHcers  or  direc- 
tors. 

Validity  in  general.     33  L.R.A.  788. 

Ratification.     33  L.R.A.  790. 

When  one  company  controls  the  other.  33 
L.R.A.  791. 

Lack  of  consideration;  transactions  out  of 
the  usual  course  of  business.  33  L.R.A. 
793. 

Actual  fraud  or  unfair  advantage  to  direct- 
ors.    33  L.R.A.  794. 

Presumption  as  to  unfairness.  33  L.R.A. 
796. 

e.  Duties  and  personal  liabilities  of. 
1.  In  general. 

§   52.  Generally. 

Of  promoters,  see  infra,  §§  64,  65. 
Liability  to  garnishment  for  corporate  debt, 
see  Garnishment,  §  5. 

Duty  of  corporate  officers  to  produce  books 
or  papers  pursuant  to  subpoena  duces 
tecum  or  order  of  court.  L.R.A.1915B, 
981. 

Failure  of  foreign  corporation  to  comply 
with  conditions  of  doing  business  in 
the  state  as  a  defense  to  action  by  it 
against  officer  or  agent.  L.R.A.1916A, 
646. 

Personal  liability  of  officers  of  incorporated 
institutions  belonging  to  state.  29 
L.R.A.   385. 

Personal  liability  of  officer  for  act  or  trans- 
action in  excess  of  corporate  powers  or 
in  violation  of  law.  6  L.R.A. (N.S.) 
1003. 

Liability  of  officers  of  mutual  insurance 
company  to  members  for  permitting 
diversion  of  funds.    2  L.R.A.(N.S.)  165. 

Personal  liability  to  other  contracting  par- 
ty of  one  who,  without  authority,  as- 
sumes to  contract  as  agent  for  a  cor- 
poration.     34   L.R.A. (N.S.)    524. 

Personal  liability  at  common  law  of  pffi- 
cers  to  other  party  to  act  or  transac- 
tion in  excess  of  corporate  authority. 
6   L.R.A.  (N.S.)    1003. 

Liability  of  executive  officers  or  employees 
to  corporation  for  exceeding  its  powers. 
L.R.A.3  918A,  922. 

Responsibility  of  higher  officials  for  criminal 
homicide  in  operation  of  railroad  or 
street  railway.    L.R.A.1917C,  538, 

§   53.  To  purchasers  of  stock. 

Liability  of  corporate  officer  for  misrepre- 
sentations which  induce  the  sale  or  pur- 
chase of  stock.     1  L.R.A. (N.S.)    258. 

Liability  of  officers  of  a  corporation  to  one 
who  purchases  stock  from  an  individ- 
ual in  reliance  on  a  prospectus  issued 
to  induce  purchase  of  treasury  stock. 
28  L.R.A.(N.S.)   359. 

Fraud  in  sale  of  corporate  stock  by  one 
officer  or  director  to  another.  L.R.A. 
1916B,  703. 


298 

CORPORATIONS,  V.  e,  1— cont'd 

§   54.  To  creditors  of  corporation. 

Liability  of  directors,  see  infra,  §  58. 

Garnishment  of  oflieer  or  agent  of,  by  cred- 
itor of  corporation.     36  L.R.A.  0"1- 

Does  statutory  liability  of  officers  for  debts 
include  liability  for  torts.  22  L.K.A. 
(N.S.)    256.  ,       _,    . 

Liability  of  corporate  officers  who  fail  to 
file  report  required  by  statute,  to  sure- 
ty or  guarantor  of  corporate  paper. 
35  L.R.A.(N.S.)  855. 

I  55.  On  negotiable  paper. 

Personal  liability  of  officers  on  note  made 
for  corporation.     19  L.R.A.  676. 

Personal  liability  of  officer  signing  paper 
and  adding  words  indicating  represen- 
tative capacity  to  his  signature.  42 
L.R.A.(N.S.)   53. 

Extrinsic  evidence  to  show  who  is  liable 
as  maker  of  note.    20  L.R.A.  705. 

Extension  of  time  to  corporation  as  af- 
fecting liability  of  officers  who  sign  as 
sureties  or  indorsers.  47  L.R.A.  (N.S.) 
274: 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  V.  e,  2— cont'd 

Liability  for  nonattendance  of  codirectors 
at  meetings.    55  L.R.A.  771. 

Extraterritorial  enforcement  of  statutory 
liability  of  directors  of  corporations. 
41  L.R.A. (N.S.)   379. 

Admissibility  of  account  books  in  evidence 
to  establish  personal  liability  of  di- 
rectors.    53  L.R.A.  537. 

Duty  of  director  toward  one  from  whom  he 
purchases  stock.     L.R.A.1916B,  708. 

§   57a.  —for  torts  and  fraud. 

Liability  to  corporation  for,  see  infra,  §  59. 

Personal  liability  of  directors  for  personal 
injuries  resulting  from  tort.  39  L.R.A. 
(N.S.)    901;   L.R.A.191.5C,   874. 

Liability  of  directors  to  corporation  for 
amount  »it  has  been  compelled  to  pay 
because  of  their  tort.  40  L.R.A. (N.S.) 
1102. 

False  statements  in  reports  required  by 
statute  to  be  made  to  public  officers  as 
basis  of  action  by  individuals  at  com- 
mon law  for  deceit  against  directors 
personally.     6  L.R.A. (N.S.)   872. 


§  56.  For  torts,  fraud,  or  negligence. 

Joinder  of  stockliolders  in  suit  against  of- 
ficer or  director  based  upon  transac- 
tions inter  «e.    46L.R.A.(N.S.)  137. 

Failure  of  foreign  corporation  to  comply 
with  conditions  of  doing  business  in 
the  state  as  defense  of  action  by  it 
against  officer  or  agent  for  embezzle- 
ment.    L.R.A.1916A,  650. 

Personal  liability  of  officers  for  torts  or 
negligence  of  corporation.  28 
L.R.A.  421. 

Personal  liability  of  officer  of  corporation 
for  personal  injuries  from  torts  in  con- 
nection with  its  business.  39  L.R.A. 
(N.S.)  901;  L.R.A.1915C,  874. 

Liability  of  officers  to  corporation  for 
amount  it  has  been  compelled  to  pay 
because  of  their  tort.  40  L.R.A.(N.S.) 
1102. 

False  statements  in  reports  required  by 
statute  to  be  made  to  public  officers  as 
basis  of  action  by  individuals  at  com- 
mon law  for  deceit  against  officers  per- 
sonally.    6  L.R.A.(N.S.)  872. 

Jurisdiction  of  equity  over  suits  by  a  cor- 
poration or  its  representative  to  hold 
the  oflicers  liable  for  losses  occasioned 
by  their  fraud,  bad  faith,  or  negligence. 
8  L.R.A.(N.S.)  739. 
Liability  of  editor  or  manager  of  a  news- 
paper for  libel  published  without  his 
knowledge.  10  L.R.A.(N.S.)  332; 
L.R.A.1918F,  287. 

2.  Of  directors. 

8   57.  Generally. 

Liability  of  bank  directors,  see  Banks,  §  7. 
Measure  of  damages  against  directors,  see 
Damages,  §  51. 

Liability  of  directors  for  misconduct  of 
executive  officers  and  employees.  55 
L.R.A.  766. 


§   58.  To  creditors  of  corporation. 

Liability  of  directors  for  permitting  busi- 
ness before  capital  stock  is  all  sub- 
scribed.    35   L.R.A.  (N.S.)    453. 

Liability  of  directors  for  corporate  debts 
where  they  sell  the  entire  corporate 
property  and  distribute  the  proceeds. 
26  L.R.A.(N.S.)    267. 

Liability  of  directors  directly  to  creditors 
of  the  corporation,  suing  in  their  own 
right,  for  negligence  or  other  breach  of 
duty  owed  primarily  to  the  corporation. 
45  L.R.A. (N.S.)   421. 

Liability  of  directors  under  statutes  pur- 
porting to  make  them  liable  for  con- 
tracting debts  in  excess  of  a  fixed 
limit.     L.R.A.1915D,   1028. 

Limitation  of  actions  against  directors  for 
malfeasance  or  nonfeasance.  L.R.A. 
1917A,  980. 


§   59.  To  the  corporation. 

Of  promoters,  see  infra,  §  65. 

Under  statutes  purporting  to  make  direct- 
ors liable  for  contracting  debts  in  ex- 
cess   of    a    fixed    limit.      L.R.A.1915D> 
1028. 
Right  of   holding  corporation   to   maintain 
action  against  its  own  director  for  an 
injury   to   the    subsidiary    corporation. 
L.R.A.1915F,   617. 
Standard  or  degi-ee  of  care.    55  L.R.A.  752. 
Liability  for  acts  in  excess  of  their  power, 

55  L.R.A.  758. 
Liability  for  exceeding  powers  of  corpora* 

tion.     L.R.A.1918A,  922. 
Liability  for  their  own  acts  and  omissions 
with    respect    to    matters    within 
their  authority.     55  L.R.A.  761. 
Liability   for   misconduct   of   executive   offi- 
cers and  employees.     55  L.R.A.  766. 
Liability  for  acts  and  omissions  of  codirect- 
ors.     55  L.R.A.  771. 


Begin  with  this  hook  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


299 


CORPORATIONS,  V.  e,  2— cont'd 

Liability  as  affected  by  compensation.  55 
L.R.A.   773. 

Measure  of  damages;  items  of  loss.  55 
L.R.A.  774. 

Jurisdiction  of  equity  over  suits  by  corpo- 
ration or  its  representative  to  hold  the 
directors  liable  for  losses  occasioned  by 
-  their  fraud,  bad  faith  or  negligence. 
•    8  L.R.A.  (N.S.)    739. 

Limitation  of  actions  against  directors  for 
malfeasance  or  nonfeasance.  L.R.A. 
1917A,  980. 

/.  Meetings;  elections. 

§    60.  Generally. 

Meetings  of  stockholders,  see  infra,  VIII.  f. 

Mandamus  to  compel  calling  of  meeting. 
L.R.A. lOirjE,  774. 

Casual  meeting  of  directors  as  a  meeting  of 
the  board.     7  B.  R.  C.  383. 

Validity  of  agreement  to  elect  "dummy" 
directors.     27  L.R.A. (N.S.)    658. 

Liability  for  nonattendance  of  codirectors 
at  meetings.     55  L.R.A.  771. 

What  constitutes  a  unanimous  or  a  ma- 
jority vote  of  directors.  41  L.R.A. 
■(N.S.)    130. 

Directors  voting  by  proxy.     29  L.R.A.  848. 

Effect  of  vote  or  resolution  by  directors  of 
private  corporation  without  more  to 
complete  contract.  18  L.R.A.  (N.S.) 
293. 

Right  to  receiver  on  failure  to  elect  offi- 
cers.    20  L.R.A.  213. 

g.  Removal  of. 

§   61.  Generally. 

Right  of  attorney  general  or  other  repre- 
sentative of  state  to  maintain  suit  or 
proceeding  to  remove  officers  of  private 
corporation.     18  L.R.A. (N.S.)    672. 

Power  of  directors  to  remdve  their  own  ap- 
pointee who  is  one  of  the  class  of  offi- 
cers to  whom  the  management  of  the 
business  is  confided.  23  L.R.A. (N.S.) 
1293. 

VII.  Promoters  and  incorporators. 

%   62.  Generally. 

As  to  payment  for  stock  by  transfer  of 
property,   see  infra,   §   106. 

Relations  and  rights  of  syndicate  members. 
40  L.R.A.  216. 

Validity  and  enforceability,  inter  se,  of 
agreements  between  promoters.  L.R.A. 
1918E,  833. 

Validity  of  contract  which  contemplates  the 
turning  over  by  a  railroad  company  to 
a  construction  company  of  bonds  and 
stocks  of  the  former  of  a  par  value  in 
excess  of  cost  of  construction.  13 
L.R.A.  (N.S.)    191. 

Secret  dealings  between  vendor  and  one  who 
promoted  the  organization  of  a  corpo- 
rate purchaser  as  a  ground  for  rescis- 
sion of  contract.     L.R.A.1916C,  1000. 

§  63.  Liiability  of  corporation  on  con- 
tracts of. 

Liability  in  general.     50  L.R.A. (N.S.)    980. 
Consult  also  L.R.A.  Digests  of  Cases. 


CORPORATIONS,  VII.— cont'd 

Cases  recognizing  liability.     26  L.R.A.  544. 

Modification    of    the    doctrine    of    liability. 

26  L.R.A.  545. 
Denial  of  liability.    26  L.R.A.  545. 
Statutory  liability.     26  L.R.A.  546. 
Apparent  exceptions  to  rule.    26  L.R.A.  546. 
Services  rendered  after   incorporation.     26 

L.R.A.  547. 
Ratification.     26  L.R.A.  548. 
Means   of   ratification.      26   L.R.A.    548. 
Adoption  and  ratification.     26  L.R.A.  549; 

50  L.R.A.{N.S.)   980. 
Receiving  benefit.     26  L.R.A.  550. 
Fraud.  26  L.R.A.  551;  50  L.R.A.(N.S.)  987. 
Becoming  party.    26  L.R.A.  551. 
Ultra  vires  contracts.    50  L.R.A.(N.S.)  987. 
Enforcing.     26  L.R.A,  551. 
Question  for  jury     26  L.R.A.  551. 


§   64.  Duties  and  liability. 

Measure  of  damages  against  promoters,  see 
Damages,  §  51. 

Partnership  liability  of  stockholders  in  case 
of  defective  or  illegal  incorporation. 
17  L.R.A.  550;  L.R.A.1916C,  196. 


§  65.  —liability  to  corporation  and  its 
members. 

In  general.  25  L.R.A.  90;  18  L.R.A. (N.S.) 
1106. 

Nature  of  the  relation.  18  L.R.A. (N.S.) 
1106. 

Character  of  promoter's  liability.  25  L.R.A. 
99. 

Duty  of  promoter  generally.  25  L.R.A. 
90. 

Duty  of  promoter  to  make  disclosure.  18 
L.R.A.(N.S.)    1107. 

To  who  and  how  disclosure  to  be  made.  18 
L.R.A.  (N.S.)    1108. 

What  constitutes  false  representations.  18 
L.R.A.(N.S.)    1109. 

Meaning  of  "representation."  18  L.R.A. 
(N.S.)    1110. 

Liability  of  promoter  for  secret  profits.  25 
L.R.A.  92;    18  L.R.A.(N.S.)    1110. 

Liability  of  promoter  on  sale  to  corporation 
of  property  owned  by  promoter.  18 
L.R.A.(N.S.)    1112. 

Sales  by  promoter  to  corporation  generally. 
25  L.R.A.  90. 

Liability  of  promoter  on  sale  to  corpora- 
tion of  property  on  which  promoter 
holds  option.     18  L.R.A.(N.S.)   1114. 

Liability  of  promoter  on  sale  to  corpora- 
tion of  property  for  sale  of  which  pro- 
moter is  agent.     18  L.R.A.(N.S.)    1115. 

Effect  on  liability  of  promoter  selling  prop- 
erty to  corporation,  of  assent  of  hold- 
ers of  all  the  stock  issued  at  the  time 
of  the  transaction.  18  L.R.A. (N.S.) 
1116. 

Liability  of  promoter  for  damages  for  fail- 
ure to  organize  corporation.  18  L.R.A. 
(N.S.)    1119. 

Liability  of  promoter  to  bonus  givers.  18 
L.R.A.  (N.S.)    1119. 


800 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  VII.— cont'd 

Liability  of  aiders  and  principals  of  pro- 
moters.    18  L.R.A.(N.S.)    1119. 

Rights  and  liabilities  of  promoters  inter 
s€.     18  KRJV.(N.S.)    1121. 

Remedies  of  corporation  at  law.  18  L.R.A. 
(N.S.)    1122. 

Remedies  of  corporation  in  equity.  18 
L.R.A.(N.S.)    1123. 

Remedies  of  corporation  as  affected  by 
rights  of  third  persons.  18  L.R.A. 
(N.S.)  1124. 

Remedies  of  stockholders.  18  L.R.A.(N.S.) 
1125. 

JVIeasure  of  damages.  18  L.R.A.(N.S.) 
1131. 

Various  defenses  of  promoters  in  actions 
by  the  corporation.  18  L.R.A.(N.S.) 
1134. 

Defenses  of  promoters  in  actions  by  stock- 
holders or  subscribers.  18  L.R.A.  (N.S.) 
1134. 

Duty  to  bondholders.     25  L.R.A.  99. 

Effect  of  promoter's  fraud  upon  corpora- 
tion's right  against  subscriber.  25 
L.R.A.  100. 

Feigned  subscriptions.     25  L.R.A.  101. 

Waiver  of  fraud.     25  L.R.A.  102. 

How  suit  should  be  brought.  25  L.R.A.  102. 

Liability  of  incorporators  for  funds  sub- 
scribed to  organize  corporation,  where 
the  incorporation  is  never  completed. 
16  L.R.A.(N.S.)   348. 

Subscriber's  right  to  recover  from  promoter 
where  subscription  was  procured  by 
fraud  or  misrepresentation.  33  L.R.A. 
721. 

Liability  of  promoters  of  a  corporation  to 
one  who  purchases  stock  from  an  indi- 
vidual in  reliance  on  a  prospectus  is- 
sued to  induce  purchase  of  treasury 
stock.     28  L.R.A. (N.S.)    359. 

VIII.  Capital;  stock  and  stockholders. 

a.  In  general. 

§   66.  Generally. 

By-laws  as  to,  see  supra,  §  22. 

Right  of  corporation  to  purchase  its  own 
stock,  see  supra,  §  24. 

Power  to  deal  in  stock  of  other  corporation, 
see  supra,  25. 

Liability  of  promoters  to,  see  supra,  §  65, 

Stock  in  foreign  corporation,  see  infra,  XI. 

Of  bank,  see  Banks,  §§  .3-5. 

Corporate  stock  of  municipality,  see  Munici- 
pal CORPOBATIONS,   §  62. 

Bonds,  see  Bonds,  III. 

Validity  of  agreement  as  to  stock,  see  Con- 
TBACTS,  §   94. 

Conclusiveness  against  stockholders  of  judg- 
ment against  corporation,  see  Judg- 
ment, §  46. 

Liability  of  stock  to  levy,  see  Levy  and 
Seizube,  §  3. 

Rights  of  life  tenant  as  to  stocks,  see  Life 
Tenants,  §  6. 

Tax  on  corporate  stock  and  stockholders,  see 
Taxes,  §  38. 

Investments  by  trustee  in  corporate  stock 
or  acceptance  of  corporate  stock  as 
security,  see  Tbusts,  §  26a 


Begin  with  this  book  on  every  law  question. 


CORPORATIONS,  VIII.  a— cont'd 
Competency  of  stockholder  as  a  witness,  see 
Witnesses,  §  24. 

Right  to  recover  money  paid  to  a  corpora- 
tion in  expectation  of  receiving  cor- 
porate stock  which  is  never  issued. 
L.R.A.1918E,  754. 

Situs  of  corporate  stock  for  purposes  of  ad- 
ministration.    24  L.R.A.   687. 

Liability  of  directors  for  permitting  busi- 
ness before  capital  stock  is  all  sub- 
scribed.    35  L.R.A. (N.S.)   453. 

Creation  of  partnership  by  community  of 
interest  in  capital  stock.  18  L.R.A. 
(N.S.)   1084. 

Assumption  on  dissolution  of  partnership 
of  debts  for  capital  or  partnership 
stock.     9  L.R.A. (N.S.)   71. 

Acknowledgment  before  stockholder  of  a 
corporation  which  is  a  party  to  the  in- 
strument. 23  L.R.A. (N.S.)  1075;  41 
L.R.A.(N.S.)  375. 

Effect  of  assent  of  all  stockholders  at  time 
of  transaction  to  promoter's  sale  of 
property  to  corporation.  18  L.R.A. 
(N.S.)    1116. 

Status  of  holder  of  "voting  trust"  certifi- 
cates as  a  stockholder  for  purposes 
other  than  voting  the  stock.  21  L.R.A. 
(N.S.)    732. 

Attachment  of  shares  of  stock  in  foreign 
corporation.     55  L.R.A.  796. 

Service  of  process  on  stockholder  of  foreign 
corporation.     23   L.R.A.  494. 

Qualified  privilege  of  communication  be- 
tween members.     26  L.R.A.(N.S.)  1080. 

Competency  of  stockholder  as  a  witness 
where  a  corporation  is  a  party  to  a 
suit  prosecuted  by  or  against  a  personal 
representative.     27  L.R.A. (N.S.)    816. 

Competency  as  an  attesting  witness  of 
stockholder  of  corporation  named  as 
executor  or  trustee.    L.R.A. 1916D,  185. 

Right  of  stockholders  of  corporation  inter- 
ested in  eminent  domain  proceedings 
to  serve  as  commissioners  or  jurors. 
47  L.R.A.(N.S.)   169. 

Effect  of  statutes  forbidding  stockholders 
to  be  interested  directly  or  indirectly 
in  dealings  with  the  corporation. 
L.R.A.1916A,  783. 

Liability  of  agent  to  true  owner  for  selling 
or  disposing  of  shares  of  stock  intrust- 
ed to  him  by  his  principal.  50  L.R.A. 
(N.S.)   58. 

Agreement  of  shareholder  to  become  respon- 
sible for  amount  of  company's  debt  as 
a  "promise  to  answer  for  the  debt  of 
another."    3  B.  R.  C.  611. 

Validity  of  contract  or  option  by  director 
for  purchase  of  stock  of  employee  of 
corporation  upon  discontinuance  of 
employment.     L.R.A.1916D,  1117. 

Does  agreement  for  payment  contingent  on 
price  of  shares  constitute  insurance- 
47  L.R.A.(N.S.)  300. 

§  67.  Ownership  of  stock;  who  may  be 
stockholders. 

Charter  restrictions  on  eligibility  to  become 
a  shareholder.     46  L.R.A.  618. 


INDEX  TO  L.R.A.  NOTES. 


301 


CORPORATIONS,  VIII.  a— cont'd 
Right  of  nonresidents  to  become  stockhold- 
ers.    24  L.R.A.  252. 
Sole   ownership   of   stock  of   a   corporation. 
19  L.R.A.  684. 

§    68.  Ronus  stock. 

General  principles.     38  L.R.A.  490. 

Constitutional  and  statutory  provisions.  38 
L.R.A.  491. 

EflFect  of  recitals  and  nominal  payment.  38 
L.R.A.  492, 

Stock  as  bonus  to  purchasers  of  bonds.  38 
L.R.A.  493. 

Mere  acceptance  of  shares;  surrender;  can- 
celation.    38   L.R.A.   494. 

Rights  of  creditors.     38  L.R.A.  494. 

Bona  fide  purchasers.     38  L.R.A.  494. 

§   69.  Forged  or  fraudulent  issue. 

Liability  of  corporation  for  fraud  or  forgery 
of  its  officers  in  the  issue  of  stock. 
19  L.R.A.  331;  41  L.R.A.  (N.S.) 
187. 

§   70-  Increase  of  capital  stock. 

Power  to  increase  capital  stock  of  corpora- 
tions.    38    L.R.A.    616. 

Right  as  between  owner  of  capital  and  in- 
come, to  increased  stock,  16  L-.R.A, 
461. 

Right  of  existing  stockholder  to  subscribe 
for  increase.  12  L.R.A.(N.S.)  969; 
L.R.A.1918D,  741. 

Assets  of  corporation  as  consideration  for 
increase  of  stock.     50  L.R.A. (N.S.)   68. 

§   71.  Reduction  of  capital  stock. 

Injunction  against  reduction  of  capital 
stock,     1  L.R.A.(N.S.)    571. 

Of  preferred,  guaranteed,  and  interest-bear- 
ing stock.     27  L,R.A.  151. 

§   7  2.  Forfeiture  of  corporate  stock. 

Power  to  forfeit.     27  L.R.A.  305. 

Validity  of  exercise  of  power.  27  L.R.A. 
307. 

Redemption  or  other  remedy  of  stockholder. 
27   L.R.A.  311. 

Effect  of  forfeiture  on  personal  liability  of 
stockholder.     27    L.R.A.   314. 

Miscellaneous.     27  L.R.A.  321. 

Effect  of,  on  right  to  rescind  subscription 
for  fraud.     33  L.R.A.  722. 

Action  by  corporation  for  unpaid  balance 
of  stock  subscription  after  sale  of  for- 
feited stock.     1  L.R.A.(N.S.)  902. 

S  73.  Condemnation  of  shares  of  mi- 
nority stockholder. 

See  Eminent  Domain,  §  6a. 

§  74.  Preferred,  guaranteed,  and  in- 
terest-bearing stoclc. 

Power  to  issue.     27  L.R.A.  136. 

Validity    of    guaranty    of    dividends.      46 

L.R.A.  (N.S.)     637. 
Estoppel  to  deny  validity.     27  L.R.A.  139. 
Nature  of  interest  created  by.     27  L.R.A. 

140. 
Rights    and    preferences   as    to    assets.    27 

L.R.A.  142. 
Consult  also  L.R.A.  Digests  of  Cases. 


CORPORATIONS,  VIII.  a— cont'd 

Rights  and  preferences  in  dividends.  27 
L.R.A.   143. 

Remedy  to  obtain  or  -protect  dividends.  27 
L.R.A.   148. 

Guaranty  of  dividends  by  outside  party.  27 
L.R.A.  149. 

Interest-bearing  stock.     27  L.R.A.  149. 

Special    stock.     27    L.R.A.    151. 

Reduction  of  shares.     27   L.R.A.   151. 

Right  of  preferred  stock  to  preference  as  to 
capital.  27  L.R.A.  136;  21  L.R.A. 
(N.S.)   228;  39  L.R.A. (N.S.)   1007. 

Right  to  have  earnings  applied  to  payment 
of  dividends  on  preferred  stock  of 
previous   years.     3   L.R.A. (N.S.)    1034. 

Right  of  holder  of  preferred  stock,  in  ab- 
sence of  express  statutory  provision  or 
agreement  to  share  in  earnings,  in  ad- 
dition to  the  stipulated  dividends.  24 
L.R.A.(N.S.)    1078. 

Right  of  holder  of  preferred  stock  to  vote 
at  corporate  meetings.  2  L.R.A. (N.S.) 
121. 


§   75.  Stolen  certificates. 

Rights  of  owner  to  stolen  certificates. 
L.R.A.  605.' 


13 


§    7  6.  Liien  on   stock. 

Effect   of   by-laws   as   notice   as  to   lien   on 

stock.     25  L.R.A.  48;   39  L.R.A.  (N.S.) 

295. 
Priority  as  between  lien  of  corporation  and 

pledgee    or    bona    fide    purchaser.      39 

L.R.A.(N.S.)    292. 
Lien  of  corporation  upon  stock  as  affected 

by  bar  of  limitations  against  action  on 

debt      of      stockholder.      L.R.A.1917F, 

1106. 

ft.  Subscriptions, 

§    7  7.  Generally. 

As  to  liability  upon,  see  infra,  VIII.  e. 

Effect  of  transfer  on  liability  of  stock- 
holders, see  infra,  VIII.  e,  3. 

Rights  as  to,  on  insolvency  of  corporation, 
see  infra,  §  135. 

Right  to  recover  money  paid  to  a  corpora- 
tion in  expectation  of  receiving  cor- 
porate stock  which  is  never  issued. 
L.R.A.1918E,   764. 

Assignability  of  a  subscription  to  stock  or 
contract  to  purchase  stock  from  the 
corporation.    43  L.R.A.  (N.S.)  790. 

Whether  joint  or  several.     22  L.R.A.  81. 

Rights  and  remedies  of  subscribers  on  un- 
authorized consolidation  of  corpora- 
tions.    52  L.R.A.  390. 

Defenses  of  promoters  in  actions  by  sub- 
scribers.    18  L.R.A. (N.S.)    1134. 

Action  by  corporation  for  unpaid  balance 
of  subscription  after  sale  of  forfeited 
stock.     1   L.R.A.(N.S.)    902. 

Enforceability  of  subscription  to  stock  of 
foreign  corporation  that  has  not  com- 
plied with  local  laws.  29  L.R.A. (N.S.) 
92. 

Validity  of  subscription  induced  by  false 
statements  that  certajn  other  persons 
were  to  invest  in  the  enterprise.  29 
L.R.A.(N.S.)  477. 


302 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  VIII.  b — cont'd 

§   78.  Release  from. 

Release  from  subscriptions.     7  L.R.A.  706.* 

§  7  8a.  —on  ground  that  corporation 
Is  not  legally  organized. 

Right  to  defeat  stock  subscription  or  stock- 
holders' liability  on  the  ground  that 
corporation  is  not  legally  organized. 
L.RJ^.1915A,  475. 

§  78b.  —on  abandonment  of  business 
by  corporation. 

The  effect  upon  a  stock  subscription  con- 
tract   of    the    voluntary    cessation    or 
abandonment   of   business  by   the   cor- 
•    poration.     L.R.A.1915A,  390. 

§  7  9.  —rescission  for  fraud  and  mis- 
representation. 

Right  to  and  manner  of  relief.  33  L.R.A. 
721. 

Estoppel  to  rescind.     33  L.R.A.  722. 

No  relief  against  equally  innocent  persons. 
33  L.R.A.  725. 

Effect  of  insolvency  or  winding  up  proceed- 
ings.   33  L.R.A.  727;  L.R.A.1915D,  792. 

Must  be  fraud  of  corporation.  33  L.R.A. 
728. 

What  fraud  will  authorize  rescission.  33 
L.R.A.  729. 

Effect  of  promoter's  fraud  on  corporation's 
right  against  subscriber.  25  L.R.A. 
]00. 

Fraud  as  a  ground  of  relief  from  subscrip- 
tion to  stock  after  insolvency  of  cor- 
poration.    31  L.R.A,(N.S.)    900. 


§   80.  U'itlidrawal  of. 

General   rule.     33   L.R,A.  593. 

After     organization     of     corporation.     33 

L.R.A.  593. 
Rule  in  case  of  preliminary  subscriptions. 
!         33  L.R.A.  595. 
Cases  holding  that  subscriptions  cannot  be 

withdrawn.     33  L.R.A.  595. 
Cases    permitting    withdrawal.     33    L.R.A. 

596. 
Illegal  contract.     33  L.R.A.  597. 
Agreement  to  subscribe.     33  L.R.A.  597. 
Statutory  rules.     33  L.R.A.  597. 
Effect   of   death   of   subscriber.    33   L.R.A. 

597. 

§  81.  Payment  of. 

Commercial  paper  as  payment  of  subscrip- 
tion to  stock.     35  L.R.A.'(N.S.)   80. 

Validity  of  issuance  of  stock  for  a  note  of 
the  subscriber,  under  a  provision 
against  issuing  stock  e-xcept  for  money, 
labor  done,  or  monoj*  or  property  ac- 
tually received.     52  L.R.A.  (N.S.)    454. 

May  a  corporation  issue  stock  in  payment 
of  or  as  security  for  its  antecedent 
debts  under  statute  prohibiting  the 
issue  except  for  money,  labor  done,  or 
property  actually  received.  L.R.A. 
1916E,  570. 

Begin  xcith  this  booTc  on  every  law  question. 


CORPORATIONS,  VIII.  b— cont'd 
§   81a.  —with  property. 

Liability  of  stockholders  in  case  of,  see  in- 
fra, §  106. 

Payment  of  subscription  with  property.  42 
L.R.A.  597. 

Effect  of  express  provision  by  statute  or 
charter  for  payment  of  subscription  to 
stock  in  cash  or  money,  to  exclude 
payment  in  services  or  property.  27 
L.R.A.(N.S.)  315. 

Note  given  in  payment  of  stock  as  property 
under  a  provision  against  issuing  stock 
except  for  money,  labor  done,  or  money 
or  property  actually  received.  52 
L.R.A.(N.S.)  454. 

c.   Transfer;  sale. 

§  82.  Generally. 

Liability  of  corporate  officers  to  purchasers 
of  stock,  see  supra,  §  53. 

Effect  of  transfer  on  right  to  dividends,  see 
infra,  §  101. 

Effect  of  transfer  on  liability  of  stockhold- 
er, see  infra,  §§  112,  113. 

Of  foreign  corporation,  see  infra,  §  143. 

Of  bank,  see  Banks,  §§  4,  46. 

Bona  fide  holder  of  stock,  see  Bona  Fide 
Holder,  §  2. 

Specific  performance  of  contract  for,  see 
Specific  Performance,  §  14. 

Tax  on  transfers,  see  Taxes,  §  107. 

Bequest  of  stocks,  see  Wills,  §  128. 

Income  tax  on  sales  of  corporate  stock. 
L.R.A.1917E,  566. 

Duty  of  director  toward  one  from  whom  he 
purchases    stock.      L.R.A.1916B,    708. 

Contract  for  the  sale  of  corporate  stock 
as  one  for  the  sale  of  "goods,"  etc., 
within  statute  of  frauds.  5],  L.R.A. 
(N.S.)   398. 

Forged  transfers.     19  L.R.A.  331. 

Liability  as  between  corporation  and  one 
acting  in  good  faith,  to  whom  it  issues 
new  certificate  of  stock  on  forged  au- 
thority.    2  B.  R.   C.  528. 

Absence  of  legal  organization  as  defense  to 
contract  for  purchase  of  corporate 
stock.     15  L.RA.(N.S.)    410. 

Contract  by  selling  shareholder  not  to  en- 
gage in  business  in  competition  with 
the  corporation.     23  L.R.A. (N.S.)   506. 

Effect  of  disposal  of  stock  on  stockholder's 
competency  as  witness  in  suit  between 
corporation  and  a  personal  represen- 
tative.    27    L.R.A.(N.S.)    821. 

Measure  of  damages  for  breach  of  contract 
to  sell  or  buy  corporate  stock.  43 
L.R.A.(N.S.)   368. 

Measure  of  damages  for  misrepresenting 
value  of  corporate  stock  sold.  43 
L.R.A.(N.S.)  373. 

Priority  as  between  true  owner  and  exe- 
cution or  attachment  creditors  of  one 
in  whose  name  he  has  placed  stock  on 
the  books  of  the  corporation.  49  L.R.A. 
(N.S.)   1159. 


INDEX  TO  L.R.A.  :NUTES. 


303 


CORPORATIONS,  VIII.  c— cont'd 
§    83,  Liability  for   fraud  or  misrepre- 
sentations   inducing    sale    or    pur- 
chase. 

Liability  of  corporate  officer  for  misrepre- 
sentations which  induced  the  sale  or 
purchase  of  stock.  1  L.R.A.{N.S.) 
258. 

Liability  of  officers  of  corporation  to  one 
who  purchases  stock  from  an  individual 
in  reliance  on  a  prospectus  issued  to  in- 
duce purchase  of  treasury  stock.  28 
L.R.A.(N.S.)   359. 

Fraud  of  director  toward  one  from  whom  he 
purchases  stock.     L.R.A.1916B,  714. 

Fraud  in  sale  of  corporate  stock  by  one 
officer  or  director  to  another.  L.R.A. 
191GB,  703. 

§    84.  Gift  of. 

Bequest  of,  see  Wills,  §  128. 

Of  corporate  stock;  necessity  of  writing. 
2  L.R.A.  (N.S.)    80G. 

Donation  to  corporation  of  shares  of  its 
own  stock.     18  L.R.A.  255. 

Necessity  of  actual  delivery  of  certificate 
to  complete  gift  of  shares  of  stock.  29 
L.R.A.  (N.S.)   166. 

Delivery  of  certificate  of  stock  without  in- 
dorsement or  transfer  on  books.  L.R.A. 
1915D,   733. 

§   8  5.  Negotiability  of  certificate. 

Effect  of  putting  certificates  of  stock  in- 
dorsed in  blank  into  another's  posses- 
sion to  estop  owner  as  against  purchas- 
er in  good  faith.     29  L.R.A.(N.S.)  254. 

§   8  0.  Rights  of  transferee. 

Rights  of  pledgee,  see  infra,  §  93. 
Right  to  dividends,  see  infra,  §  101. 

Implied  warranty  on  sale  of  stock.  53 
L.R.A.   153. 

Riglits  of  transferee  of  stock  paid  for  by 
transfer  of  property.     42  L.R.A.  620. 

Right  of  infant  to  rescind  purchase  of  cor- 
porate stock.     28  L.R.A. (N.S.)    128. 

Priority  as  between  lien  of  corporation  and 
bona  fide  purchaser  of  stock.  39  L.R.A. 
(N.S.)    292. 

Liability  of  corporation  to  assignee  of  true 
owner  for  unauthorized  transfer  of 
stock  on  its  books.  45  L.R.A. (N.S.) 
1080. 

Right  of  purchaser  of  stock  from  one  with 
whom  it  was  pledged  or  deposited  by 
the  owner  without  signing  a  transfer 
or  power  ®f  attorney.  L.R.A.1916F, 
491. 

§   8  7.  Duty   of   transferee. 

Duty  of  pledgee,  see  infra,  §  94. 

Duty  of  purchaser  of  corporate  stock  to 
verify  statements  made  as  to  its  finan- 
cial condition.     14  L.R.A. (N.S.)    1176. 

§  88.  Necessity  of  writing;  statute  of 
frauds. 

Contract  for  sale  of  corporate  stock  as  one 
for  sale  of  goods,  etc.,  within  statute  of 
frauds.  19  L.R.A.  (N.S.)  874;  51 
L.R.A.(N.S.)   398. 

Consult  also  L.R.A.  Digests  of  Cases. 


CORPORATIONS,  VIII.  c— cont'd 
Necessity  of  writing  to  transfer  shares  of 
'stock.     2     L.R.A.  (N.S.)      804;      19 
L.R.A.  (N.S.)    874. 

§   89.  Transfer   on   books. 

Situs  of  corporate  stock  for  purpose  of 
transfer  on  books  of  corporation. 
L.R.A.  1915C,  471. 

Right  of  corporation  to  refuse  to  transfer 
stock  on  its  books  because  of  objec- 
tions of  former  holder.  27  L.R.A. 
(N.S.)   200. 

Validity  of  pledge  or  transfer  of  stock  of 
corporation  when  not  made  in 
books  of  company,  as  against  at- 
tachments, executions,  or  subse- 
quent transfers.  67  L.R.A.  656; 
20  L.R.A.  (N.S.)    996. 

Power  of  court  to  compel  foreign  corpora- 
tion to  register  transfer  of  stock.  3 
L.R.A.  (N.S.)    551. 

Mandamus  to  compel  transfer  of  corporate 
stock.    48  L.R.A. (N.S.)  847. 

Right  to  the  aid  of  equity  to  compel  a  cor- 
poration to  transfer  on  its  books  stock 
acquired  in  aid  of  a  conspiracy.  24 
L.R.A.  (N.S.)    108. 

Effect  on  statutory  liability  of  stockholder 
who  sells  his  shares  of  a  technical  fail- 
ure to  record  the  transfer.  11  L.R.A. 
(N.S.)   818. 

Removal  for  separable  controversy  of  action 
to  compel  transfer.     5  L.R.A. (N.S.)  85. 

Duty  of  transferer  of  shares  of  stock  not 
to  prevent  or  delay  registration  on  cor- 
porate books.     5  B.  R.  C.  166. 

Deliver}^  of  certificate  of  stock  without  in- 
dorsement of  transfer  on  books.  L.R.A. 
1915D,   733. 

Liability  of  corporation  to  true  owner  for 
unauthorized  transfer  of  stock  on  its 
books.    45  L.R.A.(N.S.)   1076. 

Failure  to  register  transfer,  due  to  fault 
of  corporation,  as  affecting  continued 
liability  of  assignor  of  stock.  46 
L.R.A.(N.S.)   668. 

Laches  of  assignee  in  having  stock  trans- 
ferred on  the  books  of  corporation  as 
affecting  the  liability  of  the  corpora- 
tion, which  subsequently  makes  un- 
authorized transfer  thereof.  45  L.R.A. 
(N.S.)  1090.  I 

§9  0.  Duty  of  corporation  as  to  trans-: 
fer  of  stock  held  in  trust. 

Generally.     15  L.R.A.  643.  j 

What  amounts  to  notice  of  trust.  15  L.II.A. 
643.  j 

The  English  rule.     15  L.R.A.  644. 
Notice  from  circumstances.     15  L.R.A.  645. 
Application  of  the  rules.     15  L.R.A.  645.     ' 
Enforcement  of  liability.     15  L.R.A.  646. 

§   91.  Restrictions  on  right  to  sell. 

By  by-law.     27  L.R.A.  271. 
By  articles  of  association.     27  L.R.A.  273. 
Exercise  of  power  to  approve  or  disapprove. 
27  L.R.A.  274. 


804 


INDEX  TO  L.R.A.  NOTES. 


CORI'ORATIONS,  VIII.  c— cont'd 

8   92.   I»lf(ljf»'- 

Liability  of  pledgee  as  shareholder,  see  in- 
fra,' §  113. 

Necessity  of  writing  to  transfer  of  stock  in 
pledge-     2  L.R.A.(N.S.)   804. 

Validity  of  pledge  of  stock  of  corporation 
when  not  made  in  the  books  of  the  com- 
pany as  against  attachments,  execu- 
tions, or  subsequent  transfers.  67 
L.R.A.  656;  20  L.R.A.(N.S.)   996. 

Power  of  national  bank  to  take  stock  of 
other  corporation  as  collateral  security. 
L.R.A.1916A,   586. 


45 


§   93.  —  rights  of  pledgee. 

Right  to  dividends  on   pledged  ptock. 
L.R.A.  394;  L.R.A.1917B,  326. 

Implied  authority  of  pledgee  to  sell  corpo- 
rate stock.     43  L.R.A.  742. 

Priority  as  between  lien  of  corporation  and 
pledgee  of  corporate  stock.  39  L.R.A. 
(N.S.)   292. 

Right  of  pledgee  of  stock  from  one  with 
whom  it  was  pledged  or  deposited  by 
the  owner  without  signing  a  transfer  or 
power  of  attorney.    L.R.A.  1916F,  491. 

8  94.  —duty  of  pledgee. 
Duty  to  sell  at  maturity  of  debt.    3  L.R.A. 
(N.S.)   1199;  L.R.A.1918A,  442. 

8  95.  Tax  on  transfers. 

See  Taxes,  §  107. 

d.  Rights  of  shareholders. 

§   96.  Generally.  ' 

In  consolidated  corporation,  see  supra,  §  16. 
In  foreign  corporation,  see  infra,  §  143. 
Rights  of  transferee,  see  supra,  §§  86,  93. 

Right  of  stockholder  in  absence  of  special 
contract,  to  compensation  for  services 
to  corporation.     L.R.A.1917F,  334, 

Stockholders  as  preferred  creditors.  22 
L.R.A.  805. 

Stockholders  as  "employees"  of  the  corpora- 
tion within  meaning  of  Workmen's 
Compensation  Act.     L.R.A.1918F,   202. 

Rights  and  remedies  of  creditor  who  is 
also  a  stockholder  of  an  insolvent  cor- 
poration, as  affected  by  his  own  statu- 
tory liability.     41  L.R.A.(N.S.)   981, 

Necessity  for  stockholders'  consent  to  con- 
solidation.    52   L.R.A.   381. 

Effect  upon  one's  rights  as  a  stockholder  of 
the  fact  that  paid-up  stock  was  wrong- 
fully issued  to  him  for  a  sum  less  than 
its  par  value.    20  L.R.A.{N.S.)    1077. 

Stockholder's  interest  in  corporation  as  sub- 
ject of  garnishment  by  his  creditors. 
18  L.R.A.(N.S.)   1158. 

Inches  or  acquiescence  by  stockholder  as 
affecting  his  right  to  complain  of  act 
by  which  corporation  devests  itself  ol 
the  title  to  or  control  of  its  entire  prop- 
erty.    9  L.R.A.(N.S.)    606. 

Remedies  of  stockholders  against  promot- 
ers.    18  L.R.A.(N.S.)    1125. 

Power  of  majority  stockholders  to  dissolve 
corporation.  -2  L.R.A.(N.S.)   493 


Begin  tcith  this  hoole  on  every  law  question. 


CORPORATIONS,  VIII.  d— cont'd 
Right  of  majority  stockholder  to  purchase 
or  lease  corporate  property.  16  L.R.A. 
(N.S.)  892. 
Inherent  jurisdiction  of  equity  independent- 
ly of  statute  at  instance  of  stockholder 
to  wind  up  a  corporation  because  of 
mismanagement  or  fraud  of  its  officers. 
39   L.R.A.   1032. 

§   07.  Rights  of  minority  stockholder.^. 

Right  of  minority  stockholders  to  represen- 
tation in  new  or  reorganized  corpora- 
tion.    10  L.R.A.(N.S.)    725. 

Power  of  majority  stockholders  against  con- 
sent of  minority  to  sell  property  of 
corporation  essential  to  its  existence  as 
a  going  concern.     35  L.R.A. (N.S.)   396. 

Right  of  minority  stockholder  to  restrain 
voluntary  dissolution  of  corporation  by 
directors  or  majority  stockholders.  23 
L.R.A.(N.S.)   1177. 

Right  of  minority  stockholders  to  prevent 
compromise  of  claim.  43  L.R.A. (N.S.) 
498. 

Right  of  minority  stockholder  to  compel 
corporation  to  take  into  its  own  name 
stock  in  another  corporation  whicli  it 
is  carrying  in  the  names  of  others. 
L.R.A.1915D,   1128. 

§   98.  Actions  by  stockholders. 

Whether  corporation  or  stockholder  real 
partv  in  interest  by  whom  action  must 
be  brought.     64  L.R.A.  609. 

Right  of  stockholders  of  a  different  class  to 
enforce  liability  of  stockholders  who 
received  dividends  paid  out  of  capital. 
L.R.A.1917C,  404.      . 

May  stockholder  maintain  action  in  tlie 
right  of  the  corporation  to  recover  pen- 
alty imposed  by  the  Sherman  Act. 
L.R.A.1917E,  1006. 

Right  of  stockholder  to  assail  agreement  on 
ground  that  it  tends  to  promote  mo- 
nopoly.    26  L.R.A. (N.S.)    153. 

Necessity  of  applying  to  board  of  direc- 
tors as  a  condition  of  right  of  stock- 
holder to  sue  on  behalf  of  the  corpora- 
tion.    51  L.R.A. (N.S.)    99. 

Necessity  of  applying  to  body  of  stockhold- 
ers as  a  condition  of  right  of  stock- 
holder to  sue  on  behalf  of  the  corpo- 
ration.    51  L.R.A.  (N.S.)    112. 

Necessity  of  making  corporation  a  party  to 
suit  by  stockholder  in  its  behalf.  51 
L.R.A.(N.S.)    123. 

Requiring  stockholder  to  seek  relief  from 
corporation  before  applying  for  ap- 
pointment of  receiver.     20  L.R.A.  214. 

Right  of  stockholder  to  sue  for  appointment 
of  receiver  on  account  of  transactions 
occurring  prior  to  his  acquisition  of 
stock,     L,R,A,1917F,   704, 

Right  of  stockholder  to  attack  fraudulent 
transaction  occurring  before  he  acquires 
his  stock.     38  L.R.A. (N.S.)-  988. 

Inherent  jurisdiction  of  equity  at  instance 
of  stockholder  to  appoint  receiver,  or 
wind  up  the  corporation  because  of  mis- 
management or  fraud  of  its  officers,  39 
L,R.A.(N.S.)    1032;    L.R.A.1915  4,   606, 


IMDEX  TO  L.R.A.  NOTES. 


3o:. 


CORPORATIONS,  VIII.  d— cont'd 

Mandamus  to  enforce  the  right  of  a  stock- 
holder of  a  water  company  to  water. 
24  L.R.A.(N.S.)   372. 

Defenses  of  promoters  in  action  by  stock- 
holders.    18  L.R.A.  (N.S.)   1134. 

Removal  for  separable  controversy  of  suit 
by  stockholders  growing  out  of  ultra 
vires  acts.     5  L.R.A.  (N.S.)    82. 

Right  of  holding  corporation  to  maintain 
action  against  its  own  director  for  an 
injury  to  the  subsidiary  corporation. 
L.R.A.1915F,    617. 

Right  of  stockholder  in  mutual  irrigation 
company  to  maintain  action  against 
the  company  for  negligent  failure  to 
furnish  water.     L.R.A.1915D,  292. 

§   99.  Right  to  Inspect  corporate  books. 

In  general.  45  L.R.A.  446;  20  L.R.A.  (N.S.) 
185;  30  L.R.A.(N.S.)  291;  42  L.R.A. 
(N.S.)    332. 

May  the  right  of  a  stockholder  in  a  cor- 
poration, to  inspect  the  books  of  the 
corporation,  be  delegated  to  an  agent. 
2  B.  R.  C.  976. 

Power  to  compel  production  of  corporate 
books  to  aid  in  assessing  holder  of 
stocks  or  his  estate.  8  L.R.A. (N.S.) 
788. 


§  99a.  Right  to  Inspect  corporate 
property. 

Right  of  stockholder  to  inspect  property  of 
corporation.     43  L.R.A. (N.S.)    1112. 

§  100.  ]>ividends;  stock  rights;  pre- 
ferred stock. 

On  preferred,  guaranteed,  and  interest- 
bearing  stock,  see  supra,  §  74. 

Right  of  existing  stockholders  to  subscribe 
for  increase  of  stock.  12  L.R.A.(N.S.) 
969;  L.R.A.1918D,  741. 

Right  of  creditor  of  stockholder  to  share 
in  dividends.     41  L.R.A. (N.S.)   999. 

Accretions  in  value  of  corporate  assets  as 
basis  of  dividends.     L.R.A.1915D,  1052. 

Appreciation  in  value  of  capital  assets  as 
fund  distributable  as  dividend,  without 
reference  to  losses.     1  B.  R.  C.  965. 

Power  of  corporation  to  rescind  declaration 
of  dividend.    L.R.A.1917B,  736. 

Validity  of  individual  contract  of  director 
to  pay  dividends.     L.R.A.1917A,  1077. 

Declaration  of  dividends  by  stockholders. 
L.R.A.1918B,  1051. 

Liability  of  stockholders  who  received  divi- 
dends paid  out  of  capital.  L.R.A.1917C, 
397. 

Do  stock  dividends  or  dividends  in  stock  of 
other  corporations  declared  before  tes- 
tator's death  pass  to  legatee  of  original 
stock.     L.R.A.1918B,  666. 

Taxation  of  dividends  as  part  of  capital 
stock  of  corporation.  58  L.R.A.  572, 
585. 

Income  tax  on  dividends  declared  after  but 
paid  from  earnings  accrued  before  act 
went  into  effect.     L.R.A.1917F,  814. 

Consult  also  L.R.A.  Digests  of  Cases.    20 


CORPORATIONS,  VIII.  d— cont'd 
§    101.  —effect  of  transfer. 

Right  to  dividends  on  transfer  of  stock.  45 
L.R.A.  392;   L.R.A.1917B,  326. 

Right  to  dividend  declared  between  making 
of  contract  for  sale  of  stock  and  deliv- 
ery of  stock.     L.R.A.1917F,  553. 


§   102.  —as  between  owner  of  capital 
and  income. 

See  Life  Tenants,  §  6. 


e.  Liahilities  of  shareholders. 


1.  In  general. 


§    103.  Generally. 

Liability  of  incorporators,  see  supra, 
§§  64,  65. 

In  foreign  corporation,  see  infra,  §  144. 

Of  bank,  see  Banks,  §  5. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  19. 

Alteration  of  stockholder's  liability  as  im- 
pairment of  obligation  of  contract,  see 
Constitutional  Law,  §  31a. 

Contribution  between  stockholders,  see  Con- 
tribution,  §   3. 


Self-executing  constitutional  provision  as 
to.     16  L.R.A.  285. 

Liability  of  members  of  incorporated  relig- 
ious society  for  its  debts.  69  L.R.A. 
256. 

Liability  of  stockholders  of  insolvent  in- 
surance company.     38  L.R.A.  110. 

Liability  of  members  of  mutual  fire  insur- 
ance companies.     32  L.R.A.  481. 

Who  are  laborers,  servants,  or  employees 
under  statute  making  stockholders  in- 
dividually liable.     18  L.R.A.  308. 

May  one  who  procures  a  judgment  garnisli- 
ing  indebtedness  from  a  corporation  to 
his  debtor  avail  himself  of  the  rights 
of  the  latter  as  against  stockholders. 
11  L.R.A. (N.S.)  230. 

Effect  of  forfeiture  of  stock  on  stockholder's 
personal  liability  as  to  unpaid  assess- 
ments.    27  L.R.A.  314. 

Discharge  of  corporation  as  affecting  stock- 
holder's liability  for  its  debts.  38 
L.R.A.(N.S.)    648. 

Personal  liability  at  common  law  of  stock- 
holders of  a  corporation  to  the  other 
party  to  an  act  or  transaction  in  ex- 
cess of  the  corporate  powers,  or  in  vio- 
lation of  law.     6  L.R.A. (N.S.)   1003. 

Liability  of  majority  stockholders  for  mis- 
appropriation of  corporate  funds 
through  corporate  action.  16  L.R.A 
(N.S.)    898. 

Liability  of  stockholders  who  received  divi- 
dends paid  out  of  capital.  L.R.A.1917C, 
397. 

Does  statutory  liability  of  stockholder  or 
officer  for  debts  of  corporation  include 
liability  for  torts.  22  L.R.A.  (N.S.) 
256. 


306 


INDEX  IX)  L.R.A.  NOTES. 


26 


( OllPOKATIONS,  Vlll.  e,  1— cont'd 

For    libel    published    by    corporation 
L.H.A.  781. 

Rights  and  remedies  of  creditor  who  is  also 
a  stockholder  of  an  insolvent  corpora- 
tion as  affected  by  his  own  statutory 
liability.     41    L.R.A.(N.S.)    981. 

I'li^lit  of  stockholder  after  insolvency  to  set 
off  debt  due  him  from  corporation 
against  his  liability  on  unpaid  stock 
subscription.     L.R.A.1918E,  243. 

fvight  of  nominal  owner  of  shares  of  stock 
to  indemnity  against  consequences  of 
such  ownership.     3  B.  R.  C.  365. 

Extension  of  time  to  corporation  as  affect- 
ing liability  of  stockholders  who  sign 
as  sureties  or  indorsers.  47  L.R.A. 
(N.S.)  274. 

Itight  to  defeat  stockholder's  liability  on 
the  ground  that  corporation  is  not  le- 
gally organized.     L.R.A.1915A,  475. 

Necessity  of  issuance  or  tender  of  stock 
certificate  to  render  subscriber  liable  as 
a  stockholder.     L.R.A.1915A,  465. 

§  104.  Liability  of  legal  representa- 
tive. 

Personal  liability  of  executor,  administra- 
tor, or  trustee  on  corporate  stock  be- 
longing to  estate  or  trust,  but  stand- 
ing in  his  name.   30  L.R.A.  (N.S.)  1092. 

§    105.  Stock  issued  at  discount. 

Issuance  of  stock  at  discount  as  affecting 
stockholder's  liability  for  debts.  8 
L.R.A.(N.S.)  263;  51  L.R.A. (N.S.)  56. 

Effect  of  creditor's  knowledge  that  stock 
was  improperly  issued  as  full  paid  up- 
on his  right  to  resort  to  holder  of 
same.    8  L.R.A.(N.S.)  271. 

§  106.  Payment  for  stoclc  by  transfer 
of  property  as  protection  against 
liability  to  creditors  of  corpora- 
tion. 

The  English  law.     42  L.R.A.  593. 

Exceptional  American  cases.  42  L.R.A.  594. 

Subscription  contracts.     42  L.R.A.  597. 

Purchase  of  property  with  stock.  42  L.R.A. 
612. 

Provisions  imposing  liability.  42  L.R.A. 
617. 

Effect  of  creditor's  knowledge  of  facts.  42 
L.R.A.  619. 

Rights  of  transferee.     42  L.R.A.  620. 

Payment  with  unpatented  formula  or  in- 
vention.    16  L.R.A. (N.S.)    520. 

Right  of  corporation  itself  to  complain  that 
property  purchased  by  it  was  of  less 
value  than  the  stock  issued  in  exchange 
therefor,  in  the  absence  of  actual  fraud. 
19  L.R.A.(N.S.)   115. 

§  10  7.  Partnership  liability  In  case  of 
defective  or  illegal  incorporation. 

Partnership  liability  of  stockholders  in  for- 
eign corporation,  see  infra,    §  144. 

In   general.     17   L.R,A.   549;    L.R.A.1916C, 

196. 
Corporations   not    authorized   by    law.      17 

L.R.A.  550;  L.R.A.1916C,  216. 
Effect  of  incorporation  out  of  the  state.    17 

L.R.A.  550. 
Begin  uHth  this  booU  on  every  law  question. 


CORPORATIONS,  VIII.  e,  1— cont'd 

Fraudulent  corporations.     17   l^.K.A.  .").jO. 

Corporations  de  facto.     17  L.U.A.  551. 

Defectively  organized  companies.  17  L.R.A. 
551. 

Statutory  as  distinguished  from  partner- 
ship liability.  17  L.R.A.  554;  L.R.A. 
1916C,  213. 

Intent  to  incorporate.     17  L.R.A.  554. 

Subsequent  loss  of  corporate  character.  17 
L.R.A.  554. 

Estoppel  by  subsequent  acts.  L.R.A. 1916C, 
214. 

Partnership  inter  sese.     17  L.R.A.  554. 

Foreign    corporations.      L.R.A.1916C,    217. 

§    108.  Liability   for   Interest. 

Does  statutory  liability  of  stockholders  for 
debts  of  corporation  include  inter- 
est thereon.     19  L.R.A. (N.S.)   428. 

2.  Calls;  assessments. 

%   109.  Generally. 

Contingent  liability  on  call.  58  L.R.A.  85. 

Right  to  defend  suit  for  calls  where  sub- 
scription was  procured  bv  fraud.  33 
L.R.A.  722. 

Effect  of  assessment  on  stockholders  made 
under  order  of  court  in  another  state 
as  res  judicata.     34  L.R.A.  694. 

§    110.  Successive  assessments. 

Right  to  make  successive  assessments  on 
stockholders  to  pay  debts.  GG  L.R.A. 
971. 


paid-up  stock. 

22  L.R.A. (N.S.) 


§    111.  Assessments  on 

Generally.    45  L.R.A.  648; 

1013. 
The    question    of    assent.      45    L.R.A.    648. 
Under  state  statutes.    45  L.R.A.  G4S. 
Under  charter  provisions.     45  L.R.A.  651. 
Assessments  under  by-laws.     45  L.K.A.  Gol. 
Assessment  by  resolution.    45  L.R.A.  652. 
Voluntary  assessments.     45  L.R.A.  652. 
Nonassessable   stock;    estoppel.     45    L.R.A. 

653. 
Injunction  restraining.     45  L.R.A.  653. 

3.  Effect  of  transfer. 

§    112.  Generally. 

On  liability  for  unpaid  subscriptions.  47 
L.R.A.  246;  L.R.A.1918D,  1049. 

Liability  of  transferee  of  corporate  stock 
on  unpaid  subscription.  30  L.R.A. 
(N.S.)   283. 

Effect  on  statutory  liability  of  stockholdei 
who  sells  his  shares  of  a  technical  fail- 
ure to  record  the  transfer.  11  L.R.A. 
(N.S.)    818. 

Right  of  nominal  owner  of  shares  of  stock 
to  indemnity  against  consequences  of 
such  ownership.     3  B.  R.  C.  365. 

Failure  to  register  transfer,  due  to  fault 
of  corporation,  as  affecting  continued 
liability  of  assignor  of  stock.  46  L.R.A. 
(N.S.)    668. 


INDEX  TO  L.R.A.  NOTES. 


307 


CORPORATIONS,  VIII.  e,  3— cont'd 
Liability   of    former    stockholder   for    debts 
of   corporation   as   affected   by  renewal 
after  transfer  of  stock.     L.R.A.1915B, 

168. 

§    113.  liiability  of  pledgee. 

In    general.      36    L.R.A,    139;     19    L.R.A. 

(N.S.)   249. 
Dummy    holder    for    pledgee's    benefit.      36 

L.R.A.  140;   19  L.R.A. (N.S.)   252. 
Payment  of  debt  or  retransfer.     36  L.R.A. 

140;    19  L.R.A.(N.S.)    252. 
Taking   stock   from   corporation   itself.      36 

L.R.A.  141;  19  L.RA.(N.S.)   253. 
What  sales   of  corporate  stock  by  pledgee 

amount  to  conversion.     43  L.R.A.  739. 
Measure     of     damages     for     conversion     of 

pledged    stocks    by    invalid    sale.      43 

L.R.A.  768. 

4.  Proceedings  to  enforce. 

%    114.  Generally. 

Impairment  of  contract  obligation  as  to, 
see  Constitutional  Law,  §  37. 

Admissibility  of  account  books  in  evidence 
to  establish  personal  liability  of  stock- 
holder.    53  L.R.A.  537. 

When  may  local  venue  be  disregarded  upon 
the  ground  that  the  action  or  proceed- 
ings is  ancillary  or  incidental.  L.R.A. 
1916D,   1134. 

Removal  for  separable  controversy  of  action 
to  enforce  liability.  5  L.R.A. (N.S.) 
87. 

Necessity  of  notice  to  stockholder  to  bind 
him  by  an  order  for  unpaid  stock  sub- 
scription in  insolvency  proceeding.  36 
L.R.A.  (N.S.)   177. 

Right,  in  action  by  corporate  receiver  to 
recover  unpaid  balance  of  stock  sub- 
scriptions, to  interpose  a  defense  that 
would  have  been  available  against  the 
corporation.      18   L.R.A. (N.S.)    347. 

Allowance  of  attorney's  fees  in  suit  to  en- 
force stockholder's  liability.  54  L.R.A. 
825. 

§    115.  Prerequisites  to. 

Conditions  precedent  to  right  to  sue  to  en- 
force statutory  liability.  33  L.R.A. 
(N.S.)   906. 

Bankruptcy,  insolvency,  or  dissolution  of 
corporation  as  excusing  creditor  from 
exhausting  remedies  against  it,  as  con- 
dition of  enforcing  stockholder's  liabil- 
ity to  stock.    24  L.R.A. (N.S.)   628. 

Necessity  of  exhausting  legal  remedies 
against  corporation  before  invoking 
jurisdiction  of  equity  to  enforce  un- 
paid subscriptions  to  stock.  46  L.R.A. 
(N.S.)  446. 

§    116.  Who  may  enforce. 

Who  may  enforce  liability  of  stockholders 
who  received  dividends  paid  out  of  capi- 
tal.    L.R.A.1917C,  403. 

Action  by  creditor  to  enforce  liability  for 
unpaid  subscriptions  outside  of  state. 
34  L.R.A.  742;  33  L.R.A. (N.S.)    896. 

Consult  also  L.R.A.  Digests  of  Cases. 


CORPORATIONS,  VIII.  e,  4— cont'd 
Action  by  creditor  to  enforce  statutory  lia- 
bility outside  of  state.     34  L.R.A.  747 ; 
33  L.R.A.(N.S.)    901. 
Right   of   directors,   when   creditors,   to  en- 
force.   50  L.R.A.  273. 

§11 6a.  —  receiver,  assignee  or  trustee. 

Right  of  receiver,  assignee  or  trustee  to  re- 
cover statutory  added  liability  of  cor- 
porate shareholder.  31  L.R.A.  (N.S.) 
365. 

Suit  in  equity  by  receiver,  assignee,  or 
trustee  to  enforce  liability  on  unpaid 
subscriptions  to  stock.  46  L.R.A. (N.S.) 
452. 

Right  of  receiver  to  enforce  liability  ol 
stockholders  who  received  dividends 
paid  out  of  capital.     L.R.A.1917C,  404. 

Enforcement  by  receiver  of  stockholder's 
liability  in  other  state.  34  L.R.A.  738; 
33  L.R.A.(N.S.)   897,  904. 

Right  in  action  by  corporate  receiver  to  re- 
cover unpaid  balance  of  stock  subscrip- 
tions, to  interpose  a  defense  that  would 
have  been  available  against  the  corpo- 
ration.    18  L.R.A. (N.S.)   347. 

When  statute  of  limitations  begins  to  run 
against  unpaid  balance  of  stock  sub- 
scription in  suit  by  receiver.  1  L.R.A. 
(N.S.)    903. 

§    117.  Nature  of  remedy. 

Jurisdiction  of  equity  to  enforce  liability  on 
unpaid  subscriptions  to  stock  of  a  cor- 
poration.    46  L.R.A. (N.S.)    440. 

Enforcement  of  stockholder's  liability  out- 
side of  state  by  action  at  law.  34 
L.R.A.  758. 

Enforcement  of  stockholder's  liability  out- 
side of  state  by  suit  in  equity.  34 
L.R.A.  759. 

Equitable  remedy  to  subject  to  judgment 
against  corporation  debt  due  it  for  un- 
paid stock.  63  L.R.A.  698. 

Jurisdiction  of  equity  on  the  ground  of 
preventing  a  multiplicity  of  suits  to  en- 
force liability  of  members  of  a  club  or 
corporation.     28   L.R.A.(N.S.)    743. 

Right  to  maintain  single  suit  in  equity  to 
enforce  separate  liability  of  members 
of  an  insolvent  insurance  association. 
33  L.R.A.(N.S.)   1057. 

Enforcement  of  unpaid  subscriptions  to 
stock  of  foreign  corporation  by  credi- 
tor's bill.     34  L.R.A.  743. 

Remedy  in  Federal  courts  to  enforce  stock- 
holder's liability  outside  of  state.  34 
L.R.A.  761. 

.§   118.  Change  of  remedy. 

Impairment  of  obligation  of  contract  by 
change  of  remedy  of  creditor  of  corpo- 
ration against  stockholder.  1  L.R.A. 
(N.S.)    1171;   3  L.R.A.(N.S.)    954. 

Impairment  of  obligation  of  stockholder's 
contract  by  change  of  remedy  for  en- 
forcement cf  his  liability  in  foreign 
jurisdiction.     33  L.R.A. (N.S.)    909. 


308 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  VIII.  e,  4— cont'd 
§   110.  Right   of    set-oflr. 

Set-off  between  corporation  and  stockholder. 
23  L.R.A.  316. 

Right  of  set-off  in  bankruptcy  against  un- 
paid shares  of  corporate  stock.  65 
L.R.A.  47. 

When  is  an  assignment  by  a  stockholder  of 
a  claim  against  a  corporation  subject 
to  the  right  to  set  off  the  stockholder's 
liability  against  such  claim.  10  L.R.A. 
(N.S.)  472. 

§   120.  Accrual  of  right  of  action. 

Limitation  of  action,  see  Limitation  of 
Actions,  §§  8,  34. 

Contingency  of  liability  of  stockholder  as 
affecting  time  for  presentation  of  claim 
against  his  estate.     58  L.R.A.  85. 

g  121.  Right  to  enforce  outside  of 
state  of  incorporation. 

In  general.  34  L.R.A.  737;  33  L.R.A. 
(N.S.)  895. 

In  action  by  corporation  or  its  representa- 
tive.    34  L.R.A.  738. 

In  action  by  creditor  of  corporation.  34 
L.R.A.  741. 

Contribution  between  stockholders  of  for- 
eign corporations.     34  L.R.A.  763. 

Right  to  enforce  liability  for  unpaid  sub- 
scription.    33  L.R.A. (N.S.)   895. 

Right  to  enforce  statutory  liability.  33 
L.R.A.(N.S.)   898. 

Right  to  enforce  tax  against  nonresident 
stockholder.     33  L.R.A. (N.S.)    907. 

Right  of  state  to  impose  personal  liability 
on  stockholder  of  foreign  corporation. 
33  L.R.A.(N.S.)   907. 

Right  of  one  stockholder  to  sue  another 
for  contribution  outside  state  of  incor- 
poration.    33  L.R.A, (N.S.)    909. 

Impairment  of  obligation  of  stockholder's 
contract  by  change  of  remedy  for  en- 
forcement of  his  liability  in  foreign 
jurisdiction.     33  L.R.A.(N.S.)    909. 

Conclusiveness  of  order  of  assessment  in 
domicil  of  corporation.  33  L.R.A. 
(N.S.)   910. 

f.  Stockholders'  meetings;  voting. 

§   122.  Generally. 
By-laws  as  to,  see  supra,  §  21. 
Meetings  of  officers  and  directors,  see  supra, 
VI.  f. 

Mandamus  to  compel  calling  of  meeting. 
L.R.A.1915E,  774. 

Conclusiveness  of  decision  of  corporate  tri- 
bunal as  to  vote.    49  L.R.A.  368. 

Conclusiveness  of  decision  of  corporate  tri- 
bunal as  to  notice  of  meeting.  49 
L.R.A.  368. 

Regulation  by  by-laws  of  elections  by  pri- 
vate corporations.     18  L.R.A.  582. 

What  constitutes  a  unanimous  or  majority 
vote  of  stockholders.  41  L.R.A.(N.S.) 
130. 

Report  of  meeting  of  private  corporations 
as  subject  of  privilege.  19  L.R.A. 
(N.S.)  862. 


CORPORATIONS,  VIII.  f— cont'd 
Right  under  reserved  power  to  amend  or  re- 
peal charter  to  cliange  rights  of  stock- 
holders as  to  voting  stock.  22  L.R.A. 
(N.S.)  420. 
Rati  ^cation  of  acts  of  directors  by  vote 
of  stockholders  including  those  who  are 
directors.     36  L.R.A. (N.S.)    199. 

§    123.  Who  entitled  to  vote. 

Right  of  alien  enemy  to  vote  as  stockholder 
in  domestic  corporation.  7  B.  R.  C. 
827. 

Power  to  vote  on  stock  held  by  joint  own- 
ers.    15  L.R.A.  665. 

Right  of  holders  of  preferred  stock  to  vote 
at  corporate  meetings.  2  L.R.A.  (N.S. ) 
121. 

Regulation  by  by-laws  as  to  right  to  vote. 
18  L.R.A.  583. 

§    124.  Voting  trusts. 

Validity  of  agreement  to  control  the  voting 

power   of  corporate   stock.     15   L.R.A. 

683;   16  L.R.A.(N.S.)    1136;   31  L.R.A. 

(N.S.)   1186. 
Specific  performance  of  stock  pooling  agree* 

ment.     51  L.R.A.(N.S.)    785. 

§   125.  Proxies. 

Right  to  vote  by  proxy.    29  L.R.A.  844. 
Regulation  by  by-laws  as  to.  18  L.R.A.  584. 
Right  to  use  corporate  funds  in  obtaining 
proxies.     3  B.  R.  C.  137. 

§   12  6.  Quorum. 

What    constitutes    a    quorum.      21    L.R.A. 

174;    42   L.R.A.(N.S.)    799. 
Withdrawal  of  stockholders  from  meeting  to 
break  quorum.     36  L.R.A.(N.S.)   45. 


IX,   Dissolution ;   tvinding-up ; 
feiture. 


for- 


Begin  with  this  booh  on  every  laiij  question. 


§   127.  Generally. 

Dissolution  of  club,  see  Clubs,  §  3. 
Injunction  against  dissolution,  see  Injunc- 
tion, §  35. 

Discretion  of  court  as  to  penalty  to  be  im- 
posed upon  a  corporation  for  violation 
of  law.     L.R.A.1915A,  892. 
Appointment  of  receiver  for  dissolved  cor- 
poration.   L.R.A.1917D,  1035. 
Right  of  private  person  to  raise  question 

of  forfeiture.     32  L.R.A.  295. 
Power  of  majority  stockholders  to  dissolve. 

2   L.R.A.(N.S.)    493. 
Right  of  minority  stockholder  to  restrain 
voluntary  dissolution  of  corporation  by 
directors    or    other    stockholders.      23 
L.R.A.(N.S.)    1177. 
Inherent   jurisdiction    of   equity,    independ- 
ently of  statute,  at  the  instance  ot 
stockholder,  to  wind  up  a  corpora- 
tion because  of  mismanagement  or 
fraud    of    its    officers.      39    L.R.A. 
(N.S.)   1032;  L.R.A.1915A,  606. 
Effect  of  laches  upon  state's  right  to  oust 
a  corporation  of  its  rights  and  fran- 
chise.   14  L.R.A. (N.S.)  336. 


INDEX  TO  L.R.A.  NOTES. 


309 


CORPORATIONS,  IX.— cont'd 

Relative  rights  of  life  tenant  and  remain- 
dermen in  distributions  by  corporation 
in  process  of  liquidation.  12  L.R.A. 
(N.S.)    805. 

Removal  for  separable  controversy  of  pro- 
ceeding for  forfeiture  of  corporate  fran- 
chise.    5  L.R.A.(N.S.)    86. 

Dissolution  as  excuse  for  not  exhausting 
remedies  at  law  before  bringing  cred- 
itor's bill.     23  L.R.A. (N.S.)    99. 

Adjustment  of  competing  claims  of  parties 
to  an  ultra  vires  contract  in  winding  up 
proceedings.     L.R.A.1917A,  1032. 

§   128.  What  works  a  dissolution. 

Insolvency  or  appointment  of  receiver  to 
work  dissolution  which  will  affect  right 
of  corporation  to  sue.  50  L.R.A. (N.S.) 
383. 

§    12  9.  Grounds  for. 

<Juo  warranto  against  corporation  for  mak- 
ing illegal  charges  in  the  course  of 
authorized  business.     63  L.R.A.  761. 

Forfeiture  of  franchise  of  water  company 
for  breach  of  duty.     61  L.R.A.  93. 

Forfeiture  of  charter  of  canal  company  for 
failure  to  maintain  or  operate  the  canal. 
L.R.A.1917F,  790. 

Annulling  charter  of  club  for  violation  of 
law.     14  L.R.A. (N.S.)    683. 

Migration  of  corporation  as  ground  for  for- 
feiting corporate  charter.  24  L.R.A. 
462. 

Dissolution  of  partnership  by  reason  of  for- 
mation of  corporation.  31  L.R.A. 
(N.S.)  47L 

§    13  0.  Effect  of. 

Abatement    of    action    by,    see   A  batement 

AND  Revival,  §  4. 
As  civil  death,  see  Civil  Death,  §  2, 

Effect   upon   lease  of   dissolution   of   lessee 

corporation.     3  B.  R.  C.  627. 
Effect  on  liability  of  directors  under  stat- 
utes purporting  to  make  them  liable  for 
contracting  debts  in  excess  of  a  fixed 
limit.     L.R.A.1915D,  1052. 
Effect  of  proceedings  for  dissolution  of  cor- 
poration upon  its  rights  of  action. 
15  L.R.A.  627. 
Dissolution  as  excusing  creditor  from  exer- 
cising remedies  against  corporation  as 
condition  of  enforcing  stockholder's  lia- 
bility    on     unpaid     subscription.       24 
L.R.A.(N.S.)    C28. 
Effect  of  winding  up   proceedings  on   right 
to    rescind    subscription    for    fraud    or 
misrepresentation.     33  L.R.A.  727. 
Recovering  for  services  and  expenses  under 
a  running  contract  with   a  corpo- 
ration   ended    by    its    dissolution. 
■  69  L.R.A.  124. 

§  131.  Period  of  existence  of  private 
corporation. 

In  general.     33  L.R.A.  576. 

Charter   limitations.     33   L.R.A.   576. 

General    statutes    limiting    existence.      33 

L.R.A.  577. 
Consult  also  L.R.A.  Digests  of  Cases. 


CORPORATIONS,  IX.— cont'd 
Constitutions  limiting  existence.     33  L.R.A. 

579. 
Effect  of  expiration  of  time.    33  L.R.A.  579. 

§    132.  Expiration  of  cliarter. 

Abatement  of  action  by  or  against  corpora- 
tion in  absence  of  a  saving  statute  by 
expiration  of  charter.    32  L.R.A. (N.S.) 

446. 

§  133.  Disposition  of  property  essen- 
tial to  corporate  existence. 

Disposition  of  real  estate  upon  the  disso- 
lution of  a  corporation  created  for 
benevolent  or  social  purposes.  35 
L.R.A.(N.S.)    895. 

Execution  or  judicial  sale  of  corporate  fran- 
chise, or  property  necessary  to  its  en- 
joyment.    20  L.R.A.  737. 

Liability  of  directors  for  corporate  debts 
where  they  sell  the  entire  corporate 
property  and  distribute  the  proceeds. 
26  L.R.A. (N.S.)    267. 

Power  of  officers  or  majority  stockholders, 
against  consent  of  minority,  to  sell 
property  of  corporation  essential 
to  its  existence  as  a  going  concern. 
35  L.R.A.(N.S.)    396. 

Laches  or  acquiescence  by  stockholder  as 
affecting  his  right  to  complain  of  act 
by  which  corporation  devests  itself  of 
the  title  or  control  of  its  entire  prop- 
erty.    9  L.R.A.(N.S.)    606. 

X.  Insolvency;  rights  and  preferences 
of  creditors, 

§   134.  Generally. 

Liability  of  stockholders  of  insolvent  cor- 
poration,  see  supra,  VII.  e. 

Insolvency  of  bank,  see  Banks,  §§  39-42. 

Receivers  for  insolvent  corporation,  see  Re- 
ceivers. 

Law  determining  validity  of  assignment  for 
creditors  by  corporation.  65  L.R.A. 
362. 

Set-off  in  bankruptcy  cases.     55  L.R.A.  44. 

Distribution  of  assets  of  insolvent  insur- 
ance company.     38  L.R.A.  97. 

Construction  on  ground  as  manufacturing 
within  provision  defining  corporations 
which  may  be  adjudged  involuntary 
bankrupts.     26  L.R.A. (N.S.)    475. 

Insolvency  as  excuse  for  not  exhausting 
remedies  at  law  before  bringing  cred- 
itor's  bill.     23   L.R.A.(N.S.)    97. 

Removal  for  separable  controversy  of  pro- 
ceeding against  insolvent  corporation. 
5  L.R.A.  (N.S.)    86. 

Rights  and  remedies  of  creditor  who  is 
also  a  stockholder  of  an  insolvent  cor- 
poration as  affected  by  his  own  statu- 
tory liability.     41  L.R.A. (N.S.)    981. 

Recovering  for  services  and  expenses  under 
running  contract  with  corporation  end- 
ed by  its  insolvency.     69  L.R.A.  124. 

Right  of  creditor  of  insolvent  corporation 
to  maintain  action  at  law  against  new 
corporation  to  which  assets  have  been 
transferred.     11  L.R.A.(N.S.)   866. 


310 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  X.— cont'd 

Right  of  receiver  to  compel  officers  of  cor- 
poration to  deliver  to  receiver  property 
of  corporation  claimed  by  them  ad- 
versely.    47  L.R.A.(N.S.)   751. 

§  135.  Rights  as  to  stock  and  subscrip- 
tions. 

Necessity  of  notice  to  stockholder  to  bind 
him  by  an  order  for  unpaid  stock  sub- 
scription in  insolvency  proceedings.  36 
L.R.A.(N.S.)    177. 

Fraud  as  ground  of  relief  from  subscrip- 
tion to  stock  after  insolvency.  31 
L.R.A.(N.S.)  900;  L.R.A,1915D,  792. 

Stockholder's  right  to  inspect  books  of  in- 
solvent corporation.     45  I>.R.A.  456. 

Right  to  recover  money  paid  in  expectation 
of  receiving  corporate  stock  which  is 
never  issued.     L.R.A.1918E,  754. 

g   136.  Kffect  of  Insolvency. 

Insolvency  of  corporation  or  appointment 
of  receiver  as  affecting  its  right  to  sue. 
50  L.RJ^..(N.S.)   383. 

Right  to  receiver  on  corporation  ceasing  to 
act.     20  L.R.A.  213. 

Effect  of  insolvency  on  right  to  rescind  sub- 
scriptions for  fraud  or  misrepresenta- 
tion. 33  L.R.A.  727;  31  L.R.A.(N.S.) 
900;  L.R.A.1915D,  792. 

Right  of  stockholder  after  insolvency  to 
set  off  debt  due  him  from  corporation 
against  his  liability  on  unpaid  stock 
subscription.     L.R.A.1918E,  243. 

Liability  for  unpaid  subscription  on  trans- 
fer of  stock  after  insolvency  of  corpo- 
ration.    47  L.R.A.  262. 

Discharge  of  corporation  as  affecting  stock- 
holder's liability  for  debts.  38  L.R.A. 
(N.S.)  648. 

Effect  of  appointment  of  receiver  or  assignee 
for  creditors  of  a  corporation  on  com- 
pensation of  officers,  agents,  or  em- 
ployees for  unexpired  term  of  employ- 
ment.    51  L.R.A.   346. 

Effect  of  adjudication  of  insolvency  of  cor- 
poration on  its  rights  of  action.  15 
L.R.A.  627. 

Effect  of  insolvency  of  corporation  on  com- 
petency of  stockholder  as  witness  in 
suit  between  corporation  and  a  per- 
sonal representative.  27  L.R.A. (N.S.) 
820. 

Bankruptcy  or  insolvency  of  corporation  as 
excusing  creditor  from  exhausting 
remedies  against  it,  as  condition  of  en- 
forcing stockholder's  statutory  liability 
or  liability  on  unpaid  subscriptions  to 
stock.     24  L.R.A. (N.S.)    628. 

Right  to  return  of  premiums  on  adjudica- 
tion of  insolvency  of  insurance  com- 
pany.    19  L.R.A. (N.S.)   639. 

g   137.  Preferences. 

In  general.    22  L.R.A.  802. 

Purchase  of  its  own  stock  by  insolvent  cor- 
poration as.     2  L,R.A.(N.S.)   130. 

What  classes  of  employees  are  entitled  to  a 
preference.  18  L.R.A.  306. 

Are  claims  of  creditors  of  an  insolvent  com- 
pany, who  undertake  to  conduct  its 
business,  postponed  to  claims  or  debts 
incurred  during  their  management.  24 
L.R.A.(N.S.)    1166. 

Begin  tiHth  this  boole  on  every  law  question. 


CORPORATIONS,  X.— cont'd 
Injunction   again.st   judgment   confessed   IfJ 
corporation.     30  L.R.A.  240. 

XI.  Foreign  corporations, 
a.  In  general. 

%   138.  Generally. 

As  to  citizenship  of,  see  supra,  §  10. 

Regulation  of,  as  interference  with  com- 
merce, see  CoMMEBCE,  §  17. 

Jurisdiction  over,  see  Courts,  §  26. 

License  of,  see  License,  §  29. 

Penalty  against  foreign  corporation,  see 
Penalty,  §  5. 

Taxation  of,  see  Taxes,  §§  11,  33-39,  45, 
46,  67. 

Foreign  insurance  companies,  see  Insur- 
ance, §§  6-8. 

Foreign  railroad  company,  see  Railroads, 
§2. 

Foreign  telegraph  company,  see  Tele- 
graphs, §  4. 

Conflict  of  laws  as  to  usury  in  contracts  of 
foreign  loan  association.  62  L.R.A.  64; 
L.R.A.1916D,  757. 

Attachment  of  shares  of  stock  in  foreign 
corporation.     55  L.R.A.  796. 

Legal  powers  and  privileges  of  foreign  sure- 
ty companies.     48  L.R.A.  592. 

Right  of  foreign  corporation  to  make  con- 
tract.    24  L.R.A.  290. 

Right  of  foreign  corporation  to  plead  stat- 
ute of  limitations.  18  L.R.A.  524; 
L.R.A.1915C,  544. 

Sufficiency  of  notice  to  foreign  corporation 
of  cancelation  of  fire  insurance  policy. 
50  L.R.A.(N.S.)   40. 

Power  to  appoint  receiver  for  foreign  cor- 
poration for  which  no  domiciliary  re- 
ceiver has  been  appointed.  L.R.A. 
1917D,  295. 

Appointment  of  receiver  for  dissolved  for- 
eign corporation.  L.R.A.1917D,  1036, 
1038. 


§§  139,  140.  Recognition  or  exclusion 
of. 

Exclusion  of,  as  interference  with  inter- 
state  commerce,   see   Commerce,   §   17. 

Of  foreign  insurance  company,  see  Insur- 
ance, §§  6-8. 

Status  of  foreign  corporation  as  affected  by 

the  fact  that  its  entire  business  is  done 

outside  the  state  of  its  creation.    L.R.A. 

1917E,  893. 
Hight  to  sue.     24  L.R.A.  289. 
Right  of  contract.     24  L.R.A.  290. 
Ownership  of  property.     24  L.R.A.  291. 
Power  to  act  as  trustee,  administrator,  etc. 

24  L.R.A.  291. 
Limitation  by  charter  or  laws  of  the  state 

where  incorporated.     24  L.R.A.  291. 
Good    faith    of    foreign    corporation.      24 

L.R.A.  291. 
Statutory  exclusion  of,  or  restrictions  upon, 

foreign  corporations.     24  L.R.A.  292. 
De  facto  foreign  corporations.     24   L.R.A. 

293. 


INDEX  TO  L.R.A.  NOTES. 


311 


CORPORATIONS,  X.  a— cont'd 

Designation  of  agent  and  place  of  business. 
24  L.R.A.  293. 

License  tax.     24  L.R.A.  293. 

Conditions  against  invoking  Federal  juris- 
dictions.    24  L.R.A.   294. 

Remedies  against.     24  L.R.A.  295. 

What  constitutes  "doing  business"  as  pro- 
hibited  by   statute.      24   L.R.A.   295. 

Estoppel  to  deny  character  or  powers.  24 
L.R.A.  297. 

§    141.  Revocation  of  license. 

On  account  of  removal  of  action  to  Federal 

court.      1    L.R.A.(N.S.)     1019;    L.R.A. 

1915F,  1]87. 
Suit  to  restrain  revocation  of  corporation's 

license,  as   suit  against   tiie   state.     44 

L.R.A.(N.S.)   219. 

§   14  2.  Riglit  ol,  to  own  real  estate. 

Generally.     24  L.R.A.  322. 

Limitations  by  charter  or  statute  of  state 
of  incorporation.     24  L.R.A.  324. 

Railroads.     24   L.R.A.   326. 

Telegraphs.     24  L.R.A.  327. 

Interest  in  mines.     24  L.R.A.  327. 

Exercise  of  eminent  domain.  24  L.R.A. 
327. 

As  to  mortgages.     24  L.R.A.  328. 

Enforcement  of  restrictions.     24  L.R.A.  329. 

Conveyance  by  public  service  corporation 
to  foreign  corporation  incapable  of  tak- 
ing title,  continued  dutj'  and  liability 
of  former  to  members  of  public.  33 
L.R.A.  (N.S.)    362. 

Who  may  take  advantage  of  statute  ren- 
dering foreign  corporation  incapable 
of  taking  title  to  real  property.  33 
L.R.A.(N.S.)    355. 

Law  governing  riglit  to  take  title  to  real 
property  in  another  state.  L.R.A. 
1916A,  1039. 

§  14  3.  Rights  of  stocliholders ;  trans- 
fers of  stock. 

Stockholder's    right   to    inspect    books.      45 

L.R.A.  454. 
Power   of   court   to    compel   corporation   to 

register    transfer    of    stock.      3    L.R.A. 

(N.S.)   551. 

§    144.  Liability  of  stockholders. 

Right  to  enforce  stockholder's  liability  out- 
side of  state  of  incorporation.  34 
L.R.A.  737. 

Right  of  state  to  enforce  personal  lia- 
bility of  stockholders.  33  L.R.A. (N.S.) 
907. 

Necessity  of  exhausting  legal  remedies 
against  corporation  before  invoking  ju- 
risdiction of  equity  to  enforce  liability 
on  unpaid  subscriptions  to  stock.  46 
L.R.A.(N.S.)   447. 

Partnership  liability  of  stockholders  of  for- 
eign corporation  defectively  or  illegal- 
ly incorporated.     L.R.A.1916C,  217. 

Partnership  liability  of  stockholders  of  a 
foreign  corporation  in  a  state  in  which 
it  is  doing  business.    L.R.A. 1917B,  574. 

Consult  also  L.R.A.  Digests  of  Cases. 


CORPORATIONS,  X.— cont'd 

ft.  Doing  htisiness  within  state. 

§    14  5.  Generally. 

Regulation  of  business  of,  by  state.  9 
L.R.A.  601. 

Right  to  do  business  in  domestic  states. 
70  L.R.A.  519. 

Taxation  of  right  of.     60  L.R.A.  680.  • 

Lease  of  its  property  as  affecting  liability 
of  foreign  corporation  to  franchise  tax 
or  tax  upon  privilege  of  doing  business 
within   the  state.      L.R.A.1917D,    1073. 

Compelling  designation  of  person  upon 
whom  process  may  be  served  as  a  con- 
dition of  right  to  do  business.  1  L.R.A. 
(N.S.)   558. 

Right  of  foreign  corporation  to  discontinue 
business  within  the  state.  46  L.R.A. 
(N.S.)    955. 

Withdrawal  or  attempted  withdrawal  of  for- 
eign  corporation  as  affecting  power  of 
state  to  exact  a  privilege  tax.  L.R.A. 
1916C,  577. 

§    14  6.  What  constitutes. 

Institution  and  prosecution  of  suit  as  doing 
business.     24  L.R.A.  289. 

Purchase  of  supplies  by  foreign  mining  or 
manufacturing  corporation  as  doing 
business  within  state.  L.R.A.1917E, 
1157. 

Sale  of  single  cargo  as  doing  business.  2 
L.R.A.  (N.S.)   127. 

Single  or  isolated  transaction  by  foreign 
corporation  as  "doing  business"  within 
the  state.     10  L.R.A. (N.S.)  693. 

Soliciting  trade  as  doing  business  within 
the  state.  9  L.R.A. (N.S.)  1214;  23 
L.R.A.(N.S.)  834;  L.R.A.1916E,  236;  6 
B.  R.  C.  801. 

Sale  by  foreign  corporation  of  goods  stored 
in  state  as  intrastate  business.  18 
L.R.A. (N.S.)   334. 

Effect  of  agreement  by  foreign  corporation 
to  install  article  within  the  state  to 
bring  it  within  statute  regulating  for- 
eign corporations.  14  L.R.A.  (N.S.) 
674;    L.R.A.1917C,   1014. 

Effect  of  location  of  insured  property  with- 
in tlie  state  to  prevent  an  action  by  a 
foreign  insurance  company  upon  a  con- 
tract made  in  another  state.  9  L.R.A, 
(N.S.)   417. 

Establishing  agency  to  handle  a  corpora- 
tion's product  within  the  state  as  do- 
ing business  therein.  18  L.R.A. (N.S.) 
142. 

When  may  a  foreign  corporation  which  has 
entered  into  a  contract  for  the  local 
handling  of  its  product  be  considered  as 
doing  business  within  the  state.  L.R.A. 
1916F,  334. 

Transactions  pursuant  to  agreement  with 
local  dealer  to  sell  product  of  foreign 
corporation  within  state  as  doing  busi- 
ness therein.     44  L.R.A. (N.S.)    1094. 

§  14  7.  Effect  of  noncompliance  with 
statutory  conditions. 

As  to  foreign  insurance  company,  see  In- 
surance, §  8. 


312 


INDEX  TO  L.R.A.  NOTES. 


CORPORATIONS,  X.  b— cont'd 

Effect  of  noncompliance  with  conditions  to 
render  stockholders  liable  as  partners. 
L.R.A.1917B,  574. 

Failure  to  comply  with  conditions  of  doing 
business  in  tlie  state  as  a  defense  to  ac- 
tion by  v'orporation  against  officer  or 
agent.     L.U.A.ini(5A,  646. 

Right  of  foreign  corporation  to  set  up  non- 
compliance with  conditions  of  doing 
business  in  order  to  defeat  recovery 
against  it.     25  L.R.A.  569. 

Right  of  foreign  corporation  which  has  not 
complied  with  local  laws  to  defend  ac- 
tion.   17  L.R.A.(N.S.)  1117. 

Effect  upon  right  of  foreign  corporation  to 
maintain  suit,  of  compliance  with  local 
law  after  suit  is  instituted.  14  L.R.A. 
(N.S.)    561;  23  L.R.A.(N.S.)   492. 

Enforceability  of  subscription  to  stock  of 
foreign  corporation  that  has  not  com- 
plied with  local  laws.  29  L.R.A.(N.S.) 
92. 

Lack  of  autliority  of  foreign  corporation  to 
do  business  within  a  state  as  affecting 
embezzlement  by  agent.  27  L.R.A. 
(N.S.)  415. 


§   148.  — i  on  contracts. 

Validity  of  contracts  made  by  foreign  cor- 
porations which  have  not  complied 
with    statutory   conditions    of   the 
right  to    do  business    in   a  state. 
24    L.R.A.    315;     1    L.R.A.(N.S.) 
1041. 
Right  of  receiver  of  foreign  corporation  to 
question  its  contracts  upon  the  ground 
that  it  had  not  complied  with  condi- 
tions of  doing  business.     L.R.A.1918A, 
504. 
Bona    fide    purchaser    of    negotiable    paper 
from  a  foreign  corporation  which  has 
not   complied    with    the    conditions    of 
doing   business   in    the    state.     L.R,A. 
1918B,  840. 
Statutory  provision  for  penalty  as  affect- 
ing validity  or  enforceability   of  con- 
tract made  by  foreign  corporation  with- 
out complying   with   conditions   of   do- 
ing    business;     4     L.R.A.  (N.S.)     688: 
40  L.R.A.(N.S.)  857. 
Right  to  cancelation  of  contract  made  with 
foreign  corporation  because  it  has  not 
complied  with  the  laws  entitling  it  to 
do  business  within  the  state.    21  L  R  A 
(N.S.)   707. 
Enforceability   in    Federal   court,   or   court 
of  another  state,  of  a  contract  made  by 
a   foreign   corporation   which  had   not 
complied  with  the  conditions  of  doing 
business  within  the  state.     26  LRA 
(N.S.)    999. 
Recovery  back  of  money  paid  under  a  con- 
tract to   a  foreign  corporation   which 
has  not  complied  with  the  conditions 
of    doing    business    in    the    state.      38 
L.R.A.(N.S.)    210 


Begin  vHth  this  hoolc  on  every  law  question.        """"     '"  ''■"•'''  ^^^ 


CORPORATIONS,  X.— cont'd 

o.  Actions  hy  or  against. 

§    149.  Generally. 

Effect  of  noncompliance  with  statutory  con- 
ditions, see  supra,  §§   147,   148. 

Attachment  against,  see  Attaciimknt,  §  5. 

Jurisdiction  over,  see  Coubts,  §§  11,  12, 
23,   24,  40,  43. 

Removal  of  causes  by  or  against,  see  Re- 
moval OF  Causes,  §  8. 

Service  of  process  upon,  see  Wbit  and 
Process,  §§  24-29. 

Suit  to  restrain  revocation  of  corporation's 
license,  as  suit  against  the  state.  44 
L.R.A.(N.S.)   219. 

Right  of  foreign  corporation  to  avail  itself 
of  statute  of  limitations.  L.II.A.1915C, 
544. 

Right  of  foreign  corporation  to  sue.  24 
L.R.A.  289. 

Abatement  of  action  by  or  against  corpora 
tion  in  absence  of  saving  statute  by 
dissolution  or  expiration  of  charter. 
32  L.R.A.(N.S.)  446. 

Right  of  foreign  corporation  to  prosecute 
or  defend  pending  actions  after  dissolu- 
tion under  statutes  of  domicil  or  forum. 
32  L.R.A.(N.S.)  451. 

Effect  of  consolidation  of  domestic  with  for- 
eign corporation  on  residence  or  citizen- 
ship for  purpose  of  jurisdiction.  14 
L.R.A.  185. 

Who  may  take  advantage  of  statute  ren- 
dering foreign  corporation  incapable  of 
taking  title  to  real  estate.  33  L.R.A. 
(N.S.)   355. 

§  150.  Attachment  or  garnishment 
against. 

Liability  of  foreign  corporation  which  has 
complied  with  conditions  of  doing  busi- 
ness in  state  to  attachment  as  non- 
resident. 31  L.R.A. (N.S.)  278;  L.R.A. 
1916D,  116. 

Garnishment  of  debt  due  from  foreign  cor- 
poration in  state  where  it  is  engaged 
in  business.  67  L.R.A.  214;  L.R.A. 
1915F,  884. 

Place  of  payment  of  debt  due  from  a  for- 
eign corporation  as  affecting  juris- 
diction to  garnish  the  same.  3  L.R.A. 
(N.S.)    608;   20  L.R.A.(N.S.)   264. 

§   151.  Right  of  nonresident  to  sue. 

Generally,     70  L.R.A.  513. 

The  right  of  foreigners  to  sue.  70  L.R.A. 
514. 

The  rig'ht  of  foreign  corporations  to  do 
business  in  domestic  states.  70  L.R.A. 
519. 

Public  policy.     70  L.R.A.  521. 

The  liability  of  natural  persons  to  suits  in 
foreign  courts.  .  70  L.R.A.  522. 

The  liability  of  foreign  corporations  to  suit. 
70  L.R.A,  523. 

The  effect  of  entering  a  state  by  a  foreign 
corporation.     70   L.R.A.   525. 

Acquiring  jurisdiction  over  foreign  corpora- 
tions.    70  L,R.A. 


INDEX  TO  L.R.A.  ^^OTES. 


313 


CORPORATIONS,  X.  c— cont'd 

Judicial   discretion   to  decline   jurisdiction. 

70  L.R.A.  538. 
Locus   of    the   cause    or   subject   of    action. 

70  L.R.A.  543. 


CORPSE. 

§    1.  Generally. 

As  to  autopsy,  see  Autopsy. 

Carrier's  liability  as  to,  see  Cabriebs,  §  93. 

Cremation  of,  see  Cremation. 

Allowance  for  mental  anguish  in  respect  to, 

see  Damages,  98. 
Exhibition  of,  in  court,  see  Evidence,  §  152. 
See  also  Burial;  Burial  Lot;  Cemeteries. 

Opinion  evidence  as  to  appearance  or  con- 
dition of.     L.R.A.1918A,  668. 

Control   and  disposition  of.     14  L.R.A.  85. 

Duty  and  liability  of  strangers  in  respect  to 
corpse.     L.R.A.1918D,  281. 

§   2.  Identification. 

Sufficiency  of  circumstantial  evidence  to 
identify  remains  found  as  those  of 
person  charged  to  have  been  killed.  7 
L.R.A.  (N.S.)    181. 

§   3.  Mutilation. 

As  to  unauthorized  autopsy,  see  Autopsy. 

Who  mav  maintain  action  for.  L.R.A. 
1915B,  519. 

Damages  for  mutilation  of.  6  L.R.A. 
(N.S.)   883. 

Right  of  action  against  railroad  company 
for  mutilation  of  the  body  of  person 
killed  on  track.     16  L.R.A.(N.S.)   405. 

§    4.  Bvirial  permit. 

Validity  of  regulation  requiring  certificate 
as  to  cause  of  death  as  a  condition  of 
burial  permit.     5  L.R.A,(N.S.)    727. 

§    5.  Disinterment. 

Injunction   against,   see   Injunction,   §   75. 

Liability  for.     42  L.R.A.  721. 

Right    of    court   to    order    disinterment   of 

corpse     for     evidential     purposes.       22 

L.R.A.  (N.S.)    513. 
Right  to  compel  restoration  of  remains  of 

deceased    person    removed    from    their 

resting  place.     16  L.R.A. (N.S.)   332. 


^^t^ . 

CORPUS  DEL.ICTI. 

Proof  of,  see  Criminal  Law,  §§  65-68. 
#>» 

CORRECTION. 

In  general,  see  Amendment. 
Of  verdict,  see  Trial,  §§  83-86. 

Alteration   of  note  by  making.     35   L.R.A. 

467. 
Consult  also  L.R.A.  Digests  of  Cases. 


CORRECTNESS. 

Of  photograph,  proof  of,  as  requisite  to  use 
in  evidence.  35  L.R.A.  803;  51  L.R.A. 
(N.S.)    843. 


In 


CORRELATIVE   RIGHTS. 

percolating    waters.    64    L.It.A. 
L.R.A.1915A,  369. 


236; 


^*» 


CORRESPONDENCE. 

Using  of,  as  standard  for  comparison  of 
handwriting.     63  L.R.A.  432. 

Knowledge  of  nonexpert  witness  to  hand- 
writing from.     63  L.R.A.  971. 

Instruction  by  correspondence  as  interstate 
commerce.     27  L.R.A. (N.S.)    493. 

♦-•-♦ 


CORROBORATION. 

Necessity  of,  see  Evidence,  §§  289,  320,  321. 
Of  witness,  see  Witnesses,  §§  45,  46. 


■♦♦» 


CORRUPTION  OF  VOTERS. 

Libel  or  slander  by  charge  of,  against  pub- 
lic officer  or  candidate.  L.R.A.1918E, 
31. 


COSaiETICS. 


Misrepresentation  as  to,  as  affecting  valid- 
ity of  trademark.     19  L.R.A.  56. 


COST. 

False  statement  as  to,  see  Fbaud  and  De- 
ceit, §  10. 

Of  public  utility  plants,  as  element  in 
estimating  their  value,  see  Public 
Service   Corporations,   §    5. 

Of  receivership,  see  Receivers,  §  26. 


COST,    INSURANCE,    AND    FREIGHT 
CONTRACTS. 

Effect  of  war  on.    7  B.  R.  C.  956. 


COSTS  AND  FEES. 

I.  Jn  general,  §  1. 
II.  Right    to    recover;     liahility    for, 
§§  2-5. 

III.  Amount;  items;  priority,   §§   6-8. 

IV.  Practice     concerning;     collection, 

§§  9,    10. 

I.   In  general. 

§   1.  Generally. 

Constitutionality    of    statutes    as    to,    see 
Constitutional  Law,  §  181. 


314 


INDEX  TO  L.R.A.  NOTES. 


COSTS  AND  FEES,  I.— cont'd 

Effect  of  pardon  on,  see  Criminal  Law, 
§  89. 

As  to  fees  for  inspection,  see  Inspection. 

Fees  of  public  ollicers,  see  Officers,  §§  31- 
37,  44. 

Fees  of  witnesses,  see  Witnesses,  §§  48- 
51. 

On  appeal,  see  Appeal  and  Ebrob,  §  42. 

In  bankruptcy  proceedings,  see  Bankrupt- 
cy, §  7. 

In  ejectment,  see  Ejectment,  §  15. 

In  action  on  insurance  policy,  see  Insur- 
ance, §  206. 

In  action  to  enforce  mechanics'  lien,  see 
Mechanics'  Liens,  §  25. 

In  suit  for  appointment  of  receiver,  see 
Rbxeiveks,  §  9. 

As  element  of  damages  for  injuries  caused 
by  damming  back  water  of  stream.  59 
L.R.A.   898. 

Expense  of  litigation  as  element  or  limit 
of  punitive  damages.  4  L.R.A.  (N.S.) 
907. 

How  far  does  limitation  of  liability  in  policy 
of  indemnity  insurance  against  liability 
for  injuries  to  employees  and  others  in- 
clude expenses  of  litigation.  12  L.R.A. 
(N.S.)  479;  43  L.R.A.{N.S.)  1128; 
L.R.A.1918D,  187. 

Effect  of  award  on  private  agreement  as 
to  costs  in  criminal  actions.  58  L.R.A. 
182. 

Condition  against  taking  effect  of  bond  for, 
until  ^igned  by  others.    45  L.R.A.  341. 

Fees  as  taxes  within  constitutional  provi- 
sions as  to  taxation.  1  L.R.A. (N.S.) 
153. 

Creation  of  partnership  by  provision  for 
division  of  fees  in  place  of  compensa- 
tion.    18  L.R.A.(N.S.)    1040. 

Appeal  from  decree  for.  1  L.R.A.(N.S.) 
1083. 

Acceptance  of  costs  awarded  by  order  al- 
lowing amendments  to  pleadings  as  af- 
fecting right  to  appeal  from  order.  29 
L.R.A. (N.S.)    25. 

Collateral  attack  for  fraud  not  affecting 
jurisdiction  on  judgment  for.  36 
L.R.A.(N.S.)  985. 

Power  of  state  court  to  render  judgment 
for  costs  in  case  removed  to  Federal 
court  and  not  remanded.  30  L.R.A. 
(N.S.)    10.59. 

Right  of  officer  conducting  judicial  sale  to 
his  fee  where  property  is  bid  in  by  per- 
son at  whose  instance  sale  was  made. 
48  L.R.A.(N.S.)  542. 

Right  of  purchaser  to  indemnity  for  expense 
of  defending  suit  or  proceeding  based  on 
Bulk  Sales  Act.     L.R.A.1916F,  551. 

Liability  under  policy  indemnifying  against 
liability  for  injuries  to  compensate  in- 
sured for  expenses  incurred  in  success- 
ful defense  or  compromise  of  action. 
44  LR.A.(N.S.)   609. 

Payment  of,  as  consideration  for  agreement 
extending  time  of  payment  of  obliga- 
tion.   52  L.R.A. (N.S.)*  330. 

Recovery  of,  as  element  of  damages  to  be 
paid  public  utility  company  upon  tak- 
ing its  plant.     47  L.R.A. (NS.)   791. 

Begin  icith  thin  hook  on  every  law  question 


COSTS  AND  FEES— cont'd 

//.  Right  to  recover;   liahiUtij  for. 


§  2.  Generally. 

Under  the  Torrens  Law.     L.R.A.191GD,  48. 

Recovery  of,  under  Workmen's  Compensa- 
tion Act.  L.R.A.1916A,  181;  L.R.A. 
1917D,  185. 

Exemption  of  homestead  from  liability  for. 

24  L.R.A.  790. 
Liability  of  vessel  or  owner  for  compulsory 

pilotage  fees.     39  L.R.A.  177. 

On  withdrawal  of  jurors.    48  L.R.A.  437. 

Effect,  on  costs,  of  allowance  of  compound 
interest.     29  L.R.A.  658. 

Claims  against  state  for.     42  L.R.A.  41. 

Effect  of  pardon  on.  15  L.R.A.  395;  43 
L.R.A. (N.S.)  207. 

Allowance  for,  in  recovery  on  bond.  55 
L.R.A.   386. 

Constitutionality  of  statute  authorizing 
costs  of  prosecution  to  be  imposed 
upon  prosecuting  witness.  61  L.R.A. 
489. 

Liability  for,  of  party  controlling  or  carry- 
ing on  litigation  in  name  of  another. 
62  L.R.A.  618. 

Liability  of  covenantor  in  conveyance  of 
real  property  for  expense  of  success- 
ful defense.     39  L.R.A. (N.S.)   67. 

Personal  liability  of  arbitrator  to  costs  on 
bill  of  discovery.    42  L.R.A. (N.S.)  280. 

Right  to  tax  amount  paid  to  surety  com- 
pany for  undertaking.     48  L.R.A.  591, 

Right  of  accommodation  party  who  is 
obliged  to  pay  bill  or  note  to  recover 
costs  from  accommodated  party.  37 
L.R.A.(N.S.)   788. 

Right  of  receiver  to  be  indemnified  for 
costs  of  defending  an  action  charging 
him  with  fraud  or  misconduct.  2 
B.  R.  C.  423. 

Clerks'  fees  on  filing  record  and  docketing 
cause  in  Federal  Supreme  Court.  66 
L.R.A.   850. 

Right  of  clerk  on  salary  basis  to  retain  fee 
for  naturalization.  30  L.R.A. (N.S.) 
810. 

Of  view  by  jury.     42  L.R.A.  393. 

In    proceedings    to    perpetuate    testimony. 

25  L.R.A.(N.S.)   681. 
In  replevin  action  as  element  of  damages 

in  action  on  replevin  bond.     30  L.R.A. 
(N.S.)    373. 


§  3.  Against  personal   representative. 

Personal  liability  of  executors  and  admin- 
istrators for.     14  Jj.RJl.  696. 

In  suit  by  or  against  executor  or  adminis- 
trator to  enjoin  execution  sales.  30 
L.R.A.  122. 

Right  of  executor  or  administrator  to  sue, 
defend,  or  appeal  in  forma  pauperis. 
68  L.R.A.  418. 

Allowance  of  attorneys'  fees  in  suit  for  ad- 
ministration of  decedent's  estate.  54 
L.R.A.   820. 


INDEX  TO  L.R.A.  KOTES. 


315 


COSTS  AND  FEES,  II.— cont'd 
§   4.  Out  of  fund  or  estate. 

What  fund  is  chargeable  with  costs  and 
expenses  of  sale  when  encumbered 
property  is  sold  in  bankruptcy  free  of 
liens.     29  L.R.A.(N.S.)   737. 

Allowance  of  attorneys'  fees  out  of  fund 
for  attorneys  of  creditors  who  sue  in 
behalf  of  themselves  and  other  credit- 
ors.    54  L.R.A.  817. 

Validity  of  agreement  that  costs  of  con- 
testing will  shall  be  paid  out  of  the 
estate.     2  B.  R.  C.  633. 

§   5.  Security  for. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  cost  bond.     L.R.A.1917B,  1008. 

Right  to  sue  in  forma  pauperis  at  common 
law  or  in  the  absence  of  a  statute. 
L.R.A.1918B,  319. 

Right  of  executor  or  administrator  to  sue, 
defend,  or  appeal  in  forma  pauperis. 
68  L.R.A.  418. 

Duty  of  attorney  to  secure  costs  in  action 
taken  by  him  on  contingent  fee.  11 
L.R.A.(N.S.)    1153. 

Failure  to  give  security  for,  as  termina- 
tion of  prosecution  for  purpose  of  ac- 
tion for  malicious  prosecution.  2 
L.R.A.(N.S.)    939. 

Effect  upon  surety  on,  of  judgment  against 
principal.  40  L.R.A.  ( iST.S. )  747;  L.R.A. 
1918E,  821. 

III.   Amount;   items;   priority. 

§   6.  Generally. 

Cost  of  defending  possession  seeking  to  ob- 
tain possession  as  special  damages 
from  breach  of  warranty  by  existence 
of  unexpired  lease.  35  L.R.A.  (N.S.) 
781. 

Liability  for  cost  of  receivership  where 
final  judgment  is  against  the  party 
who  procured  the  receivership.  25 
L.R.A. (N.S.)   412. 

Of  correction  of  record  after  appeal  or  writ 
of  error.     31    L.R.A. (N.S.)    213. 

Allowance  of  expenses  of  business  carried 
on  by  personal  representative  as  costs 
of  administration.  40  L.R.A.  (N.S.) 
229. 

§   7.  Attorneys'  fees. 

Attorney's    right    to    fees    from    his    own 

client,  see  Attorneys,  §§  18-22, 
Stipulation  in  contract  for,  see  Attorneys' 

Fees. 
In   action   to   enforce   mechanics'   lien,   see 

Mechanics'  Liens,  §  25. 
In  action  to  enforce  tax,  see  Taxes,  §  71. 

Validity  of  statutory  provision  for  attor- 
neys' fees.     L.R.A.1915E,  943. 

Claims  against  state  for.     42  L.R.A.  51. 

Right  to,  in  action  on  replevin  bond.  30 
L.R.A. (N.S.)    372. 

Attorneys'  fees  as  part  of  compensatory 
damages  recoverable  in  act*on  for  tort. 
28  L.R.A. (N.S.)    761. 

Consult  also  L.R.A.  Digests  of  Cases, 


COSTS  AND  FEES,  III.— cont'd 
Right  of   executor   to   allowance   for   attor- 
neys'  fees  for  services  rendered  in  at- 
tempt   to    establish,    or    resist    attack 
upon,  will.     26  L.R.A. (N.S.)   757. 
Allowance    of   attorneys'   fees    out   of   fund 
for  attorneys  of  creditors  who  sue 
in   behalf  of  tliemselves  and  other 
creditors.     54  L.R.A.  817. 
Recovery  on   injunction   bond  of  attorneys' 
fees  necessarily  expended  in  dissolving 
the  injunction.     16  L.R.A. (N.S.)   49. 

§   8.   Priority. 

Preference  of,  in  distribution  of  assets  of 
insolvent  insurance  company.  38 
L.R.A.  107. 

Priority  of  claim  for,  against  property  in 
hands  of  receiver.  2  L.R.A.  (N.S.) 
1051,  1067. 

Priority  in  bankruptcy  as  between  taxes 
and  costs  and  fees.  31  L.R.A.  (N.S. ) 
988. 

Priority  of  costs  of  receivership  over  re- 
corded liens.     41  L.R.A. (N.S.)   710. 

IV.   Practice  concerning;  collection. 

§   9.  Generally. 

Motion  for  security  for  costs  as  extending 
time  to  plead.     47  L.R.A. (N.S.)   854. 

Accord  and  satisfaction  by  part  payment 
of.     20  L.R.A.  790. 

As  to  payment  in  coin      29  L.R.A.  596. 

Acceptance  of  costs  awarded  by  judgment 
or  order  as  affecting  right  to  appeal 
therefrom.      29   L.R.A. (N.S.)    1. 

Duty  of  attorney  to  pay  or  secure  costs  in 
an  action  which  he  takes  on  a  con- 
tingent fee.     11  L.R.A.  (N.S.)    1153. 

Setting  off  costs  in  bankruptcy  cases.  55 
L.R.A.  55. 


27 


§10.  Compelling  payment  of. 

Imprisonment     for     nonpavment     of. 
L.R.A.  601;  L.R.A.1915B,  648. 

Compelling  labor  in  payment  of.  27  L.R.A. 
601. 

Costs  as  debts  within  constitutional  provi- 
sion as  to  imprisonment.  34  L.R.A. 
655. 

Cruel  punishment  for  failure  to  pay.  35 
L.R.A.  567;  L.R.A.1915C,  563. 


COSURETIES. 


Remedies  between,  see  Principal  and  Sure- 
ty, §  29. 


COTENANCY. 


/.  In  general,  §§  1,  2. 
II.  Creation;  existence,   §  3. 
III.  Rights,  remedies,  and  liabilities  as 

to  each  other,  §§  4-10. 
IV.   Transfer  of  interests,  §§  11,  12. 


316 

COTENANCY— cont'd 

/.  In  general. 

§   1.  Generally. 

As  to  tenancy  by  entireties,   see  Husband 

AND  Wife,  §  27. 
As  to  partition,  see  Pabtitiox. 
Taxation  of  property  of  cotenant,  see  Taxes, 

§  63a. 

Succession  tax  upon  death  of  one  joint  ten- 
ant.    L.R.A.1916C,  682. 

Right  of  cotenant  to  compensation  for  im- 
provements made  before  condemnation 
by  one  entering  witli  consent  of  other 
cotenant.    L.R.A.1916F,  991. 

May  jurisdiction  of  suit  to  determine  ~in- 
terests  of  cotenants  in  real  property 
within  state  rest  upon  constructive 
service  upon  nonresident.  52  L.R.A. 
(N.S.)    1061. 

Extent  of  recovery  in  ejectment  by  tenants 
in  common  against  stranger.  6  L.R.A. 
(N.S.)   710;  51  L.R.A.(N.S.)    50. 

Kind  of  possession  necessary  to  satisfy 
statutes  of  frauds  as  applied  to  ten- 
ants in  common.     3  L.R.A. (N.S.)    815. 

Notice  of  title  from  possession  by  cotenants. 
13  L.R.A.(N.S.)    124. 

Applicability  of  rule  in  Shelley's  Case  to 
tenancy  in  common  in  remainder.  29 
L.R.A.(N.S.)    1036. 

I   2.  Running  of  limitations  against. 

Effect  of  part  payment  on  mortgage  by  one 
cotenant  to  toll  statute  of  limitations 
as  to  others.    27  L.R.A.(N.S.)   146. 

Disability  of  some,  but  not  all,  of  the  joint 
tenants  as  affecting  the  statute  of  limi- 
tations.    7  L.R.A.(N.S.)    407. 

//.   Creation  and  existence. 

g   8.  Generally. 

Creation  of  estate  by  entireties.  30  L.R.A. 
322. 

When  burial  lot  held  in  common.  67  L.R.A. 
122;  L.R.A.  1918A,  149. 

Effect  of  deposit  of  funds  belonging  to  the 
depositor  in  a  bank  account  in  the  name 
of  himself  and  another  to  create  joint 
tenancy.    L.R.A.1917C,  571. 

Devise  or  bequest  to  one  and  his  children 
as  giving  the  children  an  estate  in  com- 
mon with  the  parent.    L.R.A.1917B,  49. 

Conveyance  to  one  and  his  children  as  giv- 
ing the  children  an  estate  jointly  or  in 
common  with  the  parent.  L.R.A.1917B. 
76. 


INDEX  TO  L.R.A.  NOTES. 


///.  Bights,    remedies,    and 
as  to  each  other. 


liabilities 


%  4.  Generally. 

Adverse  possession  by  tenants  in  common, 
see  Adver.se  Possession,  §  8. 

Contribution  between  cotenants,  see  Con- 
tribution, §  5. 

Demand  of  cotenant,  see  Demand,  §  3. 

Interest  against  cotenants,  see  Interest, 
§  10.  ' 

Begin  tcith  this  booTe  on  every  late  question. 


COTENANCY,  III.— cont'd 

Limitation  of  actions  between  joint  ten- 
ants, see  Limitation  of  Actions,  §§ 
30,  42. 

Right  of  cotenants  to  fish.     60  L.R.A.  516. 

Right  of  one  cotenant  who  pays  mortgage 
to  be  subrogated  to  the  rights  of  mort- 
gagee as  against  other  cotenant  or  his 
privies.     8  L.R.A. (N.S.)    559. 

Right  of  one  cotenant  of  mortgaged  prop- 
erty to  maintain  action  for  money 
had  and  received  for  surplus  received 
by  mortgagee  on  sale  of  property.  44 
L.R.A.(N.S.)   1044. 

Failure  to  account  for  fund  to  one  jointly 
interested  therein  as  theft,  larceny,  or 
embezzlement.     31  L.R.A. (N.S.)   822. 

Right  to  invoke  aid  of  court  to  determine 
rights  to  property  accumulated  in  com- 
mon by  parties  living  in  illicit  rela- 
tions.    36   L.R.A.  (N.S.)    838. 

Removal  of  chattel  to  foreign  country  by 
tenant  in  common  as  conversion.  7  B. 
R.  0.  313. 

§  5.  Relation  between. 

Trust     relations     between     cotenants,       12 

L.R.A.  485. 
Joint   owners    and   tenants    in   common    as 

partners.      18   L.R.A. (N.S.)    1084. 
Relationship   of   owners   of   different  floors 

of  buildings.     3  L.R.A.(N.S.)   510. 

§   6.  Acquiring  of  outstanding  interest' 
by  one  cotenant. 

Right  of  one  cotenant  to  purchase  the  prop- 
erty in  Ills  own  right  at  a  sale  under 
an  encumbrance  created  by  one  through 
whom  the  cotenants  derive  title.  19 
L.R.A.(N.S.)    591. 

Right  of  former  cotenant  to  acquire  title 
in  his  own  riglit  through  or  under  a 
purchaser  at  a  sale  under  a  title  or 
interest  paramount  to  the  common 
title.     37  L.R.A. (N.S.)   831. 

Right  of  cotenant  to  relocate  mining  claim 
for  his  own  benefit.     50  L.R.A.  184. 

Relocation  by  cotenant  of  mining  claim  as 
abandonment  or  forfeiture.  08  L.R.A. 
842. 

§  7.  — other  cotenants  acquiring  in- 
terest in. 

Tender  of  share  of  expense  as  condition  of 
right  to  share  in  benefit  of  purchase 
by  cotenant  of  outstanding  interest. 
10  L.R.A. (N.S.)    863. 

Laches  as  affecting  right  of  one  cotenant 
to  benefit  of  purchase  of  outstanding 
title  by  another.  19  L.R.A. (N.S.)  526; 
42   L.R.A.(N.S.)    242. 

§  8.  Liability  to  account  for  use  and 
occupation,  and  rents  and  profits. 

Lien  of  cotenant  for  rent,  see  Landlord 
AND  Tenant,  §  89. 

In    general.      28    L.R.A.    829;     29    L.R.A. 

(N.S.)    224;   L.R.A.1918B,  606. 
The  common-law  doctrine.     28  L.R.A.  829. 
Reason    of   the   common-law    doctrine.      28 

L.R.A,  830. 


INDEX  TO  L.R.A.  NOTES. 


317 


COTENANCY,  III.— cont'd 

States    not    adopting    the    English    statute. 

28  L.R.A.   832. 

When  held  liable.     28  L.R.A.  832. 

In  case  of  ouster.     28  L.R.A.  832;   29 
L.R.A.(N.S.)      228;      L.R.A.1918B, 
607. 
In    cases    where    an   agreement    exists. 
28    L.R.A.    834;    24    L.R.A.(N.S.) 
227;   L.R.A.1918B,  607. 
Mere    occupation    without   ouster.      29 
L.R-A..(N.S.)      224;      Ii.R.A.1918B, 
606. 
When  occupied  by  one  alone.    28  L.R.A. 
836. 
The     remedy     as    between     cotenants.       28 
L.R.A.     840;     29     L.R.A.  (N.S.)      230; 
L.R.A.1918B,  608. 
Liability  to  account  for  rents  received.     28 
L.R.A.     848;     29     L.R.A.  (N.S.)      229; 
L.R.A.1918B,  607. 
Lien    for    rents    received.      28   L.R.A.    849; 

29  L.R.A.(N.S.)  236;  L.R.A.1918B,  609. 
The   question,   What   is   more  than   a   just 

share.     28  L.R.A.  849. 
Necessity  of  a  demand.     28  L.R.A.  850;  29 

L.R.A.  (N.S.)  232.  _ 
Necessary  allegations  in  action  of  account. 

28  L.R.A.  850. 
In   what  character   liable.     28  L.R.A.   850. 
Position     of    cotenant    holding    over.       28 

L.R.A.  851. 
Extent    of    liability.      28    L.R.A.    852;    29 

L.R.A. (N.S.)  232. 
When    liable    to    pay    interest.      28    L.R.A. 

853;    29    L.R.A. (N.S.)    233. 
Deductions.   28  L.R.A.  854;  29  L.R.A. (N.S.) 

234;  L.R.A.1918B,  608. 
When  held  for  the  rental  value.     28  L.R.A. 

853. 
Position   of   purchaser   of   cotenant's   share. 

28    L.R.A.   854;    29    L.R.A. (N.S.)    229. 
As  to  coparceners.     28  L.R.A.  854. 
Mesne  profits.    28  L.R.A.  857. 
The   application   of   the   statute  of   limita- 
tions.    28  L.R.A.  859;  29  L.R.A.  (N.S.) 

239;  L.R.A.1918B,  609. 
Construction    of    the    state    statutes.      28 

L.R.A.     860;     29     L.R.A.  (N.S.)      226; 

L.R.A.1918B,  606. 

§  9.  liiability  for  Improvements  and 
repairs. 

Improvements.     29  L.R.A.  449. 

Repairs.     29  L.R.A.  457. 

Repudiating  cotenancy  as  aflFecting  coten- 
ant's right  to  contribution  for  cost  of 
improvements  and  repairs.  L.R.A. 
1915B,  9G1,  972. 

Right  of  successor  to  share  of  cotenant  to 
latter's  claim  to  allowance  for  im- 
provements to  common  property.  45 
L.R.A. (N.S.)  738. 

§    10.  Remedies. 

As  to  action  for  partition,  generally,  see 
Partition. 

Ejectment  by  one  against  third  person.    18 

L.R.A.    789. 
Trespass    quare   clausum   fregit   by   tenant 

in  common  of  realtv  against  cotenant. 

10   L.R.A.(N.S.)    212. 
Consult  also  L.B.A.  Digests  of  Cases. 


COTENANCY,  III.— cont'd 
Levy    on    crops    owned    by    cotenants.      23 
L.R.A.  260. 

IV.   Transfer  of  interests. 

§   11.  Generally. 

Provision  in  insurance  policy  against  aliena- 
tion or  change  in  interest,  title,  or  pos- 
session as  applying  to  interest  of  co- 
tenant.    L.R.A.1917A,  32. 

Estoppel  of  cotenant  to  assert  title  as 
against  purchaser  from  other  cotenant 
by  concealing  same.  48  L,R.A. (N.S.) 
757. 

Validity  and  effect  of  a  deed  by  one  co- 
tenant,  purporting  to  convey  a  parcel 
in  severalty  to  a  third  person.  47 
L.R.A.(N.S.)    573. 

Effect  of  conveyance  by  one  cotenant  to 
third  person  to  found  adverse  posses- 
sion against  others.  32  L.R.A.  (N.S.) 
702. 

Dedication  of  land  in  which  third  persons 
have  an  interest.  31  L.R.A. (N.S.) 
1023. 

Assignment  to  cotenant  as  breach  of  cove- 
nant not  to  assign  without  license.  2 
B.  R.  C.  816. 

Power  of  husband  or  his  creditors  to  de- 
feat wife's  right  of  dower  in  lands  held 
by  husband  as  tenant  in  common.  18 
L.R.A.  75. 

§    12.  By  will. 

Right  of  wife  under  statutes  removing  dis- 
abilities of  married  women  to  devise 
property  held  by  her  husband  and  her- 
self as  joint  tenants.  7  L.R.A. (N.S.) 
701. 

Devise    or   bequest    of    property    in    which 

testator   had   but   a   part   interest,    as 

*    putting  co-owner,  who  is  a  beneficiary, 

to  his  election,     30  L.R.A. (N.S.)    644. 

^><-» 


CO-TRUSTEES. 

Liability  for  acts  of,  see  Trusts,  §  28. 


COTTON. 

Privilege  of  compressing  in  transit.  L.R.A. 
1918A,  178. 

Sufficiency  of  selection  of  part  sold  out  of 
a  larger  lot.     26  L.R.A. (N.S.)    32. 

Delegation  by  legislature  to  railroad  com- 
mission of  power  as  to  compressing 
cotton.      32   L.R.A. (N.S.)    652. 

Cotton  ginning  as  a  business  affected  with 
a  public  interest.     L.R.A.1918A,  285. 


COTTON  GIN". 


See  Cotton. 


318 


INDEX  TO  L.R.A.  >iOTES. 


COUGHING  BLOOD. 


COUNTIES,  I.— cont'd 
I  Estoppel  of,  see  Estoppel,  I. 
What    constitutes    within    meaning    of    in-    Garnishment    of,    see    Garnishment     §    9. 
surance  policy.     23  L.R.A.(N.S.)    917.    For  what  purpose  public  money  may  be  used 

by,  see  Pxjblic  Money,  §  4. 


COUNCIL. 


Meeting  of,  see  Mxtnicipal  C!obpobations, 
S  20. 


COUNSEL. 


See  Attobnets. 


COUNSEL  FEES. 


In  general,  see  Attorneys'  Fees, 
In  divorce  suit,  see  Divorce  and  Separa- 
tion. §§  39-40a. 


COUNTERCLAIM. 

See  Set-Off   and   Counterclaim. 


COUNTERFEITING. 

Of  union  label.     39  L.R.A.(N.S.)    1191. 
Instigation  to.     25  L.R.A.  345;   30  L.R.A. 

(N.8.)  953. 
Necessity  and  sufficiency  of  description  of 

offense    in    bail    bond   or    recognizance. 

38  L.R.A,(N.S.)    316. 
Proof  of  corpus  delicti  in   prosecution  for 

passing  counterfeit  money.     68  L.R.A. 

56,  73. 
Evidence  of  other  crimes  in  prosecution  for. 

62  L.R.A.  225,  257. 
Several  offenses  growing  out  of  same  facts. 

31   L.R.A.  (N.S.)    725,    730. 
Cruel    and     illegal    punishment    for.       35 

L.R.A.  571. 


COUNTIES. 


/.  In  general,  §  1. 

II.  Nature;  organization;  boundaries; 

alteration,   §§  2,  3. 

III.  County  seat,  §  4. 
IV.  Rights  and  powers;  contracts,   §§ 

5,  e. 
V.   Duties   and    liabilities;    indebted- 
ness, §§   7-1/. 

VI.  Officers;  county  board,   §   12. 

VII.  Actions  affecting,  §   13. 

I.  In  general. 

§   1.  Generally. 

Constitutionality    of    statutes    as    to,    see 

Constitutional  Law,  §§  124, 125. 
Begin  with  this  booTc  on  every  law  question. 


Right  of  subcontractor,  materialman,  or 
laborer  to  maintain  action  on  con- 
tractor's bond  running  to.  27  L.R.A. 
TN.S.)   581. 

Right  of  state  to  authorize  or  direct  diver- 
sion of  county  funds  to  purpose  other 
than  that  for  which  collected.  L.R.A. 
1915D,  274. 

//.   Nature;   organization;   boundaries; 
alteration. 

§  2.  Generally. 

Extrinsic  evidence  to  show  unconstitution- 
ality of  statutes  incorporating  coun- 
ties.    14  L.R.A.  459;  L.R.A.1915D,  461. 

Division  of  territory  of,  as  affecting  its 
assets  and  liabilities.  39  L.R.A. (N.S.) 
285. 

Rule  for  determining  the  indebtedness  with- 
in the  meaning  of  debt  limit  provisions, 
where  boundaries  of  diflFerent  political 
\inits  are  wholly  or  partly  coincident. 
L.R.A.1917E,  468. 

§  3.  Adjustment  of  debts  on  alteration 
of  county. 

Liability  of  original  county  for  debts  of 
county  defectively  organized  from  part 
of  its  territory.     6  L.R.A. (N.S.)    791. 

Liability  of  territory  annexed  to  county 
to  pay  proportionate  share  of  exist- 
ing debts.     27  L.R.A.(N.S.)    1147. 

III.  County  seat. 

§  4.  Generally. 

Bribery  by  gift  in  consideration  of  loca- 
tion of,     14  L.R.A,  62, 

Bribery  in  vote  for.     15  L.R.A.  501, 

Right  to  withdraw  names  from  petition  for 
removal   of,     35   L,R.A.(N.S.)    1113. 

On  what  basis  majority  essential  to  adop- 
tion of  proposition  for  change  of  coun- 
ty seat  is  to  be  computed.  22  L.R.A. 
(N.S.)   478. 

Reverter  of  land  dedicated  or  conveyed  for 
purpose  of  court-house  on  removal  of 
county  seat  or  failure  to  use  land  for 
such   purposes.      35   L.R.A. (N.S.)    603. 

Validity  of  court  orders  in  case  of  trials 
held  at  place  other  than  county  seat. 
L.R.A.1917E,  362. 

IV.  Rights  and  powers;  contracts. 

%   5.  Generally. 

For  what  purpose  public  money  may  be 
used,  see  Public  Money,  §  4. 

As  trustees  of  charities.     14  L.R.A.  70;   14 

L.R.A.  (N.S,)     113. 
Authority  of  countv  to  employ  "tax  ferret," 
4   L.R,A,(N,S,)    .339;    38' L,R,A,  (N,S.) 
201, 


INDEX  TO  L.R.A.  NOTES. 


319 


COUNTIES,  IV.— cont'd 

Power  to  employ  attorney.  L.R.A.1917D, 
241. 
On  contingent  fee.  L.R.A.1917D,  263. 
Eight,  when  entitled  to  services  of  of- 
ficial attorney,  to  employ  other  at- 
torney in  civil  matters.  L.R.A. 
1917D,  251. 

Right  of  county  to  collect  tolls  for  use  of 
bridge  or  highway.  42  L.R.A.  (X.S.) 
836. 

Power  of  legislature  to  authorize  counties 
to  build,  purchase,  or  operate  railroad 
as  affected  by  restrictions  on  power  to 
aid  private  enterprises.  28  L.R.A. 
(N.S.)   412. 

Reputed  father's  right  to  custody  or  con- 
trol of  illegitimate  child  as  against. 
65  L.R.A.  694. 

Right  to  surrender  valid  claim  upon  partial 
payment.     19  L.R.A.(N.S.)   320. 

Estoppel  of,  to  tax  land,  by  wrongfully 
claiming  ownership.  14  L.R.A. (N.S.) 
1074. 

Federal  courts  following  state  decisions  as 
to  powers.     40  L.R.A. (N.S.)    442. 

Applicability  as  against  county  of  presump- 
tion of  payment  from  lapse  of  time. 
L.R.A.1916B,  739. 

§   6.  Contracts. 

Estoppel  of  county  by  contract,  see  Estop- 
pel, §  2a. 

Liabilitv  of,  on  implied  contract.    27  L.R.A. 

(KS.)    1117;    39   L.R.A.(N.S.)    72;    46 

L.R.A.(N.S.)   921. 
Liability  of  county  on  implied  contract  for 

publishing    notices    in    newspaper.      27 

L.R.A.  (N.S.)    1130. 
Power  of  board  to  make  contract  for  term 

extending    beyond    its    own    term.      29 

L.R.A. (N.S.)  652;  L.R.A.1915E,  581. 
Eights    and    remedies   where   contracts    are 

invalid.     L.R.A.1915A,  904. 
Ratification    of    invalid    contract.      L.R.A. 

191 5A,  1023. 

V.   Duties  and  liabilities;  indebtedness. 

§    7.  Generally. 

Liability  on  contracts,  see  supra,  §  6. 

Liability  to  garnishment,  see  Garnish- 
ment, §  9. 

Duty  and  liability  in  respect  to  poor  per- 
sons, see  Poou  and  Poor  Laws. 

Applicability  of  Workmen's  Compensation 
Acts  to  counties.     L.R.A.1918F,  190. 

Statute  requiring  county  to  pay  a  claim 
against  it  as  an  invasion  of  powers  of 
judiciary.     L.R.A.1917E,  827. 

Division  of  territory  of  county  as  affecting 
its    liability.      39   L.R.A.(N.S.)    285. 

Obligation  of,  as  operator  of  ferry.  68 
L.R.A.  155. 

Duty  to  contribute  to  maintenance  of  boun- 
dary bridge.     L.R.A.1916F,  511. 

Are  counties  within  constitutional  provi- 
sion requiring  "municipal  and  other 
corporations"  to  make  just  compensa- 
tion for  property  injured  by  public 
work.      18   L.R.A. (N.S.)    884. 

Consult  also  L.R.A.  Digests  of  Cases. 


COUNTIES,  v.— cont'd 
Federal  courts  following  state  decisions  as 
to  liabilities.     40  L.R.A.(N.S.)    442, 

§   8.  For  torts  and  negligence. 

Liability   for    injury   by   defects   in   bridge, 

see  Bridges,  §§  5,  6. 
Liability  for  injury  by  defects  in  highways, 

see  Highways,  §  78. 

Injuries     to    travelers     and    veliicles.       39 

L.R.A.   33. 
Injuries   to   other    persons.      39   L.R.A.   59. 
Injuries  to  real   property   from   public   im- 
provements.     39    L.R.A.    63. 
Other   wrongful   and   negligent   acts   affect- 
ing persons  or  property.    39  L.R.A. 
71. 
Infringement  of   patents.     39  L.R.A.   73. 
Damages   by   defaulting  officer.     39   L.R.A. 

74. 
By    misapplication,    conversion,    or    taking 

property.     39  L.R.A.  75. 
Presentation  of  claims  before  county  board 

as  a   condition   precedent   to   suit.     39 

L.R.A.  77. 
Liability  of  county  for  injuries  caused  by 

construction  or  maintenance  of  bridge 

to     property     thereto     adjoining.       21 

L.R.A.  (N.S.")    209. 
Liability  for  damage  to  vessel   by  bridge. 

L.R.A.1915F,   1062. 
Liability    for    imprisonment    of    person    in 

unhealthful  or  unfit  prison.     36  L.R.A. 

293;   2  L.R.A. (N.S.)    95. 
Liability  for  injuries  to  one  employed  about 

house   of    detention.      23    L.R.A. (N.S.) 

910. 
Liabilitv    for   property   destroyed   by    mob. 

44  L.R.A.  (N.S.)    358. 
Liability  of  county  for  personal  injury  due 

to  negligence  of  officer  or  agent  at  coun- 
ty institution.    L.R.A.1916B,  1263. 

§  9.  WaiTants;  indebtedness;  claims 
against. 

Adjustment  of  debts  on  alteration  of  coun- 
ty, see  supra,   §  3. 

County  bonds,  see  Bonds,  §§  17-27. 

For  what  purpose  public  money  may  be  used 
by  county,  see  Public  Money,  §  4. 

Are  holders  necessary  parties  to  proceed- 
ings to  invalidate  warrants  or  other 
moneyed  obligations  of  countv,  state, 
or  municipal  corporation.  3  L.R.A. 
(N.S.)   256. 

Recovery  of  money  loaned  a  county  on  in- 
valid contract  to  pay  its  indebtedness. 
15  L.R.A. (N.S.)    567. 

Liability  of  public  for  services  of  physicians 
or  surgeons  rendered  prisoners.  50 
L.R.A.  (N.S.)    1223. 

What  services  or  supplies  to  jurors  are 
proper  subjects  of  county  charge.  21 
L.R.A.(N.S.)    200. 

When  limitations  begin  to  run  against  ac- 
tion on  county  warrant.  10  L.R.A. 
(N.S.)     478. 

Right  of  municipal  corporation,  county  or 
town  authorities  to  reconsider  action 
as  to  allowance  or  claim.  21  L.R.A. 
(N.S.)   289. 


320 


INDEX  TO  L.R.A.  NOTES. 


COUNTIES,  v.— cont'd 

Presentation  of  claims   against  county   by 

county  board  as  condition  precedent  to 

suit.     39  L.R.A.  77. 
Acceptance   of   partial    allowance   of   claim 

as    an    accord    and    satisfaction.      42 

L.R.A.(N.S.)    118. 
Presumption   as   to   time   of   alteration   in 

county  warrant.    39  L.R.A.  (N.S.)   115. 

§   10.  —limitation  of  indebtedness. 

Rule  for  determining  the  indebtedness  with- 
in the  meaning  of  debt  limit  provisions, 
where  boundaries  of  different  political 
units  are  wholly  or  partly  coincident. 
L.R.A.1917E,  468. 

Creation  of  indebtedness  within  meaning 
or  debt  limit  provision.  37  L.R.A. 
(N.S.)  1058;  L.R.A.1917E,  437. 

§   11.  —  liabilfty   for  Interest. 

Liability  of  county  for  interest  on  its  ob- 
ligations in  absence  of  statute  or 
express  contract.  17  L.R.A. (N.S.) 
652. 

VI.  Offlcera;  county  hoard. 

§   12.  Generally. 

Parol  evidence  to  vary  or  supplement  min- 
utes  of.     50   L.R.A. (N.S.)    99. 

Statutes  conferring  powers  upon  municipal- 
ities or  counties  in  respect  to  their  offi- 
cers as  a  delegation  of  legislative  pow- 
er.   L.R.A.1916D,  921. 

Power  of  officers  to  act  as  determined  by 
place  of  performance.     33  L.R.A.  86. 

Delegation  of  power  of  taxation  to  county 
authorities.      15   L.R.A. (N.S.)    62. 

Delegation  of  legislative  power  to  county 
boards  of  supervisors.     16  L.R.A.  161. 

Power  of  board  to  appoint  officer  or  to 
make  contract  for  term  extending  be- 
yond its  own  term.  29  L.R.A.(N.S.) 
652;  L.R.A.1915E,  581. 

Liability  of  county  for  personal  injury  due 
to  negligence  of  officer  at  county  insti- 
tution.    L.R.A.1916B,  1263. 

VII.  Actions  affecting. 

§13.  Generally. 

By  whom  action  affecting  counties  must  be 
brought.     64  L.R.A.  619, 

Garnishment  of.  37  L.R.A.  207;  L.R.A. 
1916E,  1163. 

Right  to  go  behind  judgment  against  coun- 
ty or  municipality  in  mandamus  pro- 
ceedings to  enforce  the  same.  9  L.R.A. 
(N.S.)   1002. 

Applicability  of  statute  of  limitations  to 
actions  bv.  3  L.R.A.(N.S.)  746;  22 
L.R.A.(N.S.)  921;  L.R.A.  1916E,  97. 


COUNTING. 


COUNTS. 


Election  between,  see  Tbial,  §  10. 


COUNTY   CliERK. 


See  Clkbks,  §§  3-7. 


^•» 


COUNTY  SEAT. 

See  Counties,  §  4. 

«-•.> 


COUNTY  TREASURER. 


Bond  of,  see  Bonds,  §§  12-15. 


COUPLING. 


Matters    as   to   safety   appliance   acta,    see 
Master  and  Sebvant,  §  96. 

Walking  in  front  of  moving  car  to  prepare. 

10  L.R.A. (N.S.)    881. 
Servant's  disobedience   of   rules   regulating 

work  of  coupling  cars.    43  L.R.A.  364. 


COUPONS. 


On  bonds,  see  Bonds,  §  27. 
Coupon  tickets,  see  Carriers,  §  22. 

Regulation  and  prohibition  of  use  of  cou- 
pons and  similar  trade  devices.  L.R.A. 
1917A,  433;  L.R.A.1918B,  383. 


COURSES  AND  DISTANCES. 


In  description  of  mining  claim. 

(N.S.)   838. 


7  L.R.A. 


COURT   ATTENDANT. 

As  a  public  officer.    17  L.R.A.  245. 


■♦>» 


Necessity  of  counting  goods  sold  out  of 

larger  lot.     26  L.R.A. (N.S.)    17. 
Begin  with  this  book  on  every  law  qpiestion. 


COURTHOUSE. 

Power  to  conduct  court  at  place  other  than 

the  courthouse.     L.R.A.1917E,  363. 
Validity  of  contract  as   to  location   of.     4 

L.R.A. (N.S.)    589. 
Bribery  by  gift  to  obtain  location  of.     14 

L.R.A.  62, 
Right  of  municipality  to  secui-e  erection  of, 

by  paying  for  instalments  as  erection 

progresses.     12  L.R.A. (N.S.)    433. 
Right  of  taxpayer  in  absence  of  statute  to 

enjoin  erection  of,  by  municipality.     36 

L.R.A.  (N.S.)    18. 


INDEX  TO  L.R.A.  NOTES. 


321' 


•COURTHOUSE— cont'd 

Mechanics'  lien  on.     35  L.R.A.  142. 

Lease  or  license  of,  for  private  use.  33 
L.R.A.  118. 

Liability  of  municipality  for  tort  in  con- 
nection with.     25   L.R.A.  (N.S.)    91. 

Right  of  taxpayer,  in  absence  of  statute, 
to  enjoin  issuance  or  payment  of  court- 
house bonds  by  municipality.  36 
L.R.A. (N.S.)    6. 

Reverter  of  land  dedicated  or  conveyed  for 
purposes  of  courthouse  upon  removal 
of  county  seat.     35  L.R.A. (N.S.)    603. 


COURT  OF  CLAIMS. 

See  Alabama  Claims;  Couets,  §  45. 


COURT  ROOM. 


"V'alidity  of  proceedings  in  course  of  trial 
outside  of.     41  L.R.A.  563. 

Right  of  court  to  exclude  public  from,  dur- 
ing criminal  trial.  9  L.R.A.  (N.S.) 
277;  27  L.R.A.(N.S.)  487;  44  L.R.A. 
(N.S.)    583. 

Intoxication  in,  as  a  contempt.  33  L.R.A. 
(N.S.)    138. 


COURTS. 

/.  In  general,  §  1. 
II.  Jurisdiction  and  powers  in  gen- 
eral, §§  2-13. 

a.  In  general,  §§  2-4. 

b.  As  to  what  matters,  §§  5-9. 

c.  Over  what  persons  or  bodies, 

§§  10-12. 

d.  Legislative   power   as    to,    § 

13. 
III.    Relation  to  other  departments  of 

governm,ent,  §§  14:- IS. 
IV.  Jurisdiction  as  affected  by  resi- 
dence, citizenship,  or  territorial 
limitations,  §§  19-20. 
v.  Jurisdiction  as  affected  by  amount 

involved,   §§   27-29. 
VI.    Original  jurisdiction  of  court  of 
^  last  resort;  superintending  con- 
trol,  §§  30,  31. 
VII.  Various       particular       tribunals, 
§§  32-45. 

a.  In  general,  §  32. 

b.  State  courts,  §§  33,  34. 

c.  Territorial    courts,     §§     35, 

35a. 

d.  Federal  courts,  §§  36-44. 

1.  In  general,  §§  36,  36a. 

2.  Jurisdiction,   §§  37-44. 

e.  Court  of  claims,  §  45. 
VIII.   Time;    terms;    vacation,    §§    46, 

47. 


Consult  also  L.R.A.  Digests  of  Cases.    21 


COURTS— cont'd 
IX.    Concurring  and  conflicting  Juris- 
diction; relation  of  state  to 
Federal,  §§  48-54. 

a.  In  general,  §§  48-51. 

b.  State    and    Federal     courts, 

§§  52-54. 
X.   Rules  of  decision,   §§   55-59. 

I.   In   generhl. 

§    1.  Generally. 

Abatement  of  action  by  pendency  of  action 

in    other    court,    see    Abatement    and 

Revival,  §§  5-7. 
Relation   of   attornevs   to,   see  Attorneys, 

§§  2-6. 
Clerics  of,  see  Clerks,  §§  3-7. 
Contempt  of,  see  Contempt. 
Courts -Martial,   see  Courts-Martial. 
Property    in    custody    of,    see    Custody   of 

Law. 
Evidence  in,  see  Evidence. 
Judicial  notice  by,  see  Evidence,  II. 
Judicial   notice   as   to   courts   and   judicial 

matters,  see  Evidence,  §§  7,  8. 
Courts  of  equity,  see  Equity. 
As  to  judges,  see  Judges. 
Judgment  of,  see  Judgment. 
Mandamus   to,   see   Mandamus,    §  4. 
Orders  of,  see  Motions  and  Orders. 
Prohibition  to,  see  Prohibition. 
Records    of,    see    Records   and   Recosdinq 

Laws,  §§  7,  8. 
Questions  for,  see  Trial,  IIL 

Necessity  of  consent  of  court  to  entry  of 
nolle  prosequi  in  a  criminal  case.  45 
L.R.A.(N.S.)  1120. 

Coercion  of  disagreeing  jury  by.  16  L.R.A. 
643. 

Equal   protection  as   to.     14  L.R.A.   585. 

Personal  liability  of  highway  officers  for 
negligence  as  affected  by  order  of  court. 
22  L.R.A.  829. 

What  constitutes  offense  of  attempt  to  in- 
fluence officers  of.  21  L.R.A.(N.S.) 
905. 

Use  of  pledged  instrument  in,  as  uttering 
or    jpublishing.      8    L.R.A. (N.S.)    1180. 

Does  privilege  as  to  communications  or 
information  acquired  by  physician  ex- 
tend to  physician  employed  by,  16 
L.R.A.(N.S.)    888;  L.R.A.1915F,  892. 

Duty  of  court  before  accepting  plea  of 
guilty  in  capital  case.  22  L.R.A. 
(N.S.)  463. 

Does  standard  or  sqlar  time  govern  in  legal 
proceedings.  1  L.R.A.  (N.S.)  364;  6 
L.R.A. (N.S.)  1046;  35  L.R.A.(N.S.) 
611. 

Validity  of  court  business  transacted  on 
legal  holiday.     10  L.R.A.(N.S.)   79L     • 

II.  Jurisdiction  and  powers  in 
general. 

a.    In  general. 

§  2.  Generally. 

As  affected  by  territorial  limitations,  see 
infra,  IV.  ' 


322 


INDEX  TO  L.R.A.  NOTES. 


Is 


(  OURTS,  II.  a— cont'd 

In  probate  matterB,  see  infra,  §  34. 

Of  Federal  court,  see  infra,  Vll.  d,  2. 

Admiralty  jurisdiction,  see  Admibaltt. 

Appellate  jurisdiction,  see  Appeal  and  Eb- 
KOK,  §§  4-G. 

Acquiring  jurisdiction  by  appearance,  see 
Appearance,  §  4. 

In  bankruptcy  proceedings,  see  Bank- 
ruptcy, §  8. 

Of  equity,  see  Eqotty,  I. 

In  patent  cases,  see  Patents,  §  5. 

( )f  (juo  warranto  proceedings,  see  Quo  Wab- 
BANTO,  §  2. 

Of  action  of  trover,  see  Trover  and  Con- 
version, §  6. 

Jurisdiction  of  action  to  construe  wills,  sec 
Wills,  §  131. 

Delegation  of  power  to  court  or  judge,  see 
Constitutional  Law,   §   16. 

Usurpation  of  power  by  courts,  see  Consti- 
tutional Law,  §  19. 

Encroachments  on  judicial  power,  see  Con- 
stitutional Law,  §  20. 

Power  to  punish  for  contempt,  see  Con- 
tempt, §  10. 

Power  to  grant  new  trial,  see  New  Trial, 
&  2. 

Power  to  call  and  examine  witnesses,  see 
Witnesses,  §  29. 

Jurisdiction  to  appoint  receiver,  see  Re- 
ceiver, §  3. 

Removal  of  causes  to  Federal  courts,  see 
Removal  of  Causes. 

As  affected  by  mode  of  serving  process,  see 
Writ  and  Process,  II, 

\"alidity  of  provision  in  contract  as  to  place 
where  action  may  be  brought.  L.R.A 
1916D,  696. 

Under  what  circumstances  may  a  court  de- 
cline jurisdiction.     6  B.  R.  C.  334. 

Power  of  court  to  act  as  determined  by 
place  of  performance.  33  L.R.A.  87; 
L.R.A.1917E,  361. 

On  unauthorized  appearance  by  attorney. 
21  L.R.A.  848. 

Judicial  control  of  discretion  as  to  rein- 
statement of  insured.  40  L.R.A.(N.S.) 
148. 

Conclusiveness  of  prior  decisions  on  appeal 
as  to  jurisdiction.     34  L.R.A.  334. 

Presumption  as  to.     12  L.R.A.  575. 

Jurisdiction  as  affected  by  question  whether 
suit  for  statutory  penalty  is  a  civil 
or  criminal  prosecution.  27  L.R.A. 
(X.S.)    744. 

Waiver  of  lack  of,  or  defects  in,  service  of 
process  by  special  appearance  on  ap- 
p»!al  from  justice's  court,  34  L.R.A. 
(N.S.)  664. 

'J'aking  steps  to  contest  a  cause  on  the  mer- 
its after  a  special  appearance,  as 
waiver  of  objections  to  the  jurisdiction 
over  the  person.  16  L.R.A. (N.S.)  177- 
L.R.A.1916E,  1082. 

What  courts  have  jurisdiction  to  grant  re- 
lief from  mistake  of  law  as  to  effect  of 
instrument.     28  L.R.A. (N.S.)    896. 

Beyin  ivltli  this  book  on  every  law  qtiestion. 


COURTS,  II.  a— cont'd 

Power  of  court  to  permit  personal  repre- 
sentative, testamentary  trustee,  or 
guardian  to  carry  on  business  in  be- 
half of  estate.     40  L.R.A. (N.S.)   210. 

§   3.  Ouster  of  jurisdiction. 

Constitutionality  of  statute  forbidding  con- 
tracts ousting  jurisdiction  of  court. 
48  L.R.A. (N.S.)   855. 

Ouster  of  jurisdiction  of  courts  by  arbi- 
tration agreement.  47  L.R.A. 
(N.S.)   348. 

Provision  for  testing  election  of  city  officer 
l)efore  city  council  or  other  municipal 
body  as  exclusive  of  remedies  in  court, 
.26   L.R.A. (N.S.)    207. 

Nonouster  of  jurisdiction  of  courts  by  con- 
tracts requiring  servant  to  elect  be- 
tween acceptance  of  benelits  out  of 
relief  fund  and  prosecution  of  his. 
claims  in  an  action  for  damages.  11 
L.R.A.  (N.S.)    191. 

state  court's  jurisdiction  of  creditor's 
attack  on  preference  ousted  by  bank- 
ruptcy proceedings  commenced  more 
than  four  months  after  preference.  28 
L.R.A.(N.S.)    363. 


§  4.  ICflTect  of  lack  of  jurisdiction: 
challenging  jurisdiction. 

Estoppel  of  party  who  has  invoked  juris- 
diction to  deny  it.     15  L.R.A.  273. 

Estoppel  to  deny  facts  pleaded  to  defeat 
jurisdiction  of  court.  15  L.R.A. (N.S.) 
423. 

Devestiture  of  estates  of  persons  not  in  be- 
ing by  decree  beyond  court's  jurisdic- 
tion.   42  L.R.A.  (N.S.)  441. 

Injunction  against  judgments  for  want  of 
jurisdiction.      31   L.R.A.   200. 

Right  of  alleged  fraudulent  grantee  to  at- 
tack judgment  against  grantor  for  lack 
of  jurisdiction.     67  L.R.A.  603. 

Effect  of  lack  of  jurisdiction  of  court  in 
which  malicious  prosecution  is  begun 
on  right  to  maintain  action  therefor. 
2   L.R.A.(N.S.)    1100. 

As  affecting  liabilitv  for  false  imprison- 
ment.    18  L.R.A!  356, 

As  affecting  perjury,  54  L,R.A.  513;  40 
L.R.A.(N.S.)    250. 

h.  As   to    tvhat   matters. 

§   5.  Generally. 

Power  to  grant  new  trial,  see  New  Trial. 

Power  to  grant  remittitur,  see  New  Trial, 
§   14. 

Jurisdiction  of  partition  suit,  see  Parti- 
tion, §§  2,  3, 

Judicial   power   to   review   action   of   board 

as   to   licenses   of   phvsicians,   dentists, 

etc,     20  L,R.A.  355. 
Judicial  power  to  set  aside  divorces.    L.R.A. 

1917B,  417. 
Constitutional    power    to    appoint    officers. 

16  L.R.A,  737. 
Power  to  vacate  highway,     26  L.R,A,   820, 
Jurisdiction    over    proceedings    for    estab- 

lishibent    of    drains    and    sewers.      60 

L.R.A.  174. 


INDEX  TO  L.R.A.  NOTES. 


S23 


COURTS,  II.  b— cont'd 

Power  of  court  to  require  owner  of  prem- 
ises or  property  to  permit  inspection  in 
negligence  case.     L.R.A.1917E,   838. 

Power  to  regulate  or  prohibit  private 
schools.     29  L.R.A.(N.S.)    55. 

Power  to  compel  establishment  of  railway 
stations.     17   L.R.A.(N.S.)    822. 

Power  of  court  to  call  and  examine  wit- 
nesses, 57  L.R.A.  785. 

Power  to  require  ballot  boxes  to  be  pro- 
duced and  opened  in  proceedings  other 
than  election  contests.     .33  L.R.A.  386. 

Power  of  trial  court  to  correct  its  records 
after  appeal  or  writ  of  error.  31 
L.R.A.  (N.S.)    207. 

Power  to  provide  necessary  places  and 
equipment  for  their  business.  22 
L.R.A.    398. 

Jurisdiction  of  suit  to  enjoin  execution 
sales  or  other  proceedings  under  final 
process.     30  L.R.A.  132. 

Jurisdiction  of  courts  in  actions  on  con- 
tractor's bonds  given  to  owners.  27 
L.R.A.(N.S.)    600. 

Jurisdiction  of  action  growing  out  of  colli- 
sion of  vessel  with  bridge.  21  L.R.A. 
(N.S.)    324. 

Right  to  resort  to  court  to  recover  taxes 
paid  on  erroneous  or  excessive  assess- 
ments witliout  previous  resort  to  stat- 
utory remedies.     16  L.R.A. (N.S.)    685. 

Right  of  creditor  of  taxing  district  to  in- 
voke aid  of  court  to  obtain  satisfac- 
tion of  debt,  where  ordinary  remedies 
not  available.     32   L.R.A. (N.S.)    1020. 

Permitting  chancery  to  set  aside  a  verdict 
upon  an  issue  directed  to  a  law  court 
as  infringing  the  powers  of  the  latter. 
8  L.R.A.(N.S.)   866. 

§  6.  With  respect  to  statutes  and  ordi- 
nances. 

Inquiry  into  conclusiveness  of  enrolled  bill. 
2.3  L.R.A.  340. 

§   7.  In  cases  of  trust. 

In  enforcement  of  charitable  trust,  see 
Charities,  §§   10,  11. 

Power  to  dissolve  trust.     18  L.R.A.  745. 

Assistance  of,  in  revoking  or  setting  aside 
voluntary  trust  or  settlement.  15 
L.R.A.   78. 

Power  of  court  to  change  number  of  trus- 
tees designated  in  trust  instrument. 
1    L.R.A.  (N.S.)     802. 

Power  of  court  to  consent  to  conveyance  by 
trustee  under  a  trust  requiring  consent 
by  cestui  que  trust.  39  L.R.A. (N.S.) 
39. 

Power  to  permit  carrying  on  of  business  by 
personal  representative,  testamentary 
trustee,  or  guardian.  40  L.R.A. (N.S.) 
210. 

§  8.  In  annulment  cases. 

In  divorce  cases,  see  Divorce  and  Sepaba- 

TION,    §§   7-12. 
Equity  jurisdiction,   see  Equity,   §   12. 

.Jurisdiction  to  annvil  marriage  for  insanity 
of  one  of  the  parties.     40  L.R.A.  745. 
Constili  also  L.R.A.  Digests  of  Cases. 


COURTS,  II.  b— cont'd 

Local  domicil  or  residence  aa  a  condition 
of  jurisdiction  in  action  to  annul  mar- 
riage.    30   L.R.A. (N.S. ^    745. 

§   9.  Criminal  cases. 

As   aflfeeted   bv   territorial    limitations,    see 

infra,  §  25. 
Power   to   suspend   sentence,   see   Criminal 

Law,  §  84. 
Power    in    criminal    matters   generally,    see 

Criminal  Law,  IV.,  VI. 

Jurisdiction  of  state  courts  over  criminal 
proceedings  under  Federal  laws.  48 
L.R.A.  38. 

Jurisdiction  of  criminal  actions  against 
consul.     45   L.R.A.   584. 

Power  of  consul  to  send  criminals  to  home 
country   for   trial.     4.'>   L.R.A.   485. 

Jurisdiction  to  punish  crimes  committed 
by  or  against  Indians.  21  L.R.A.  169; 
L.R.A.1915F,  587.  ;    • 

Sufficiency  of  averment  in  indictment  or 
information  for  perjury  as  to  jurisdic- 
tion of  court  to  administer  oatii.  32 
L.R.A.(N.S.)    142. 

Right  of  court  to  exchule  public  from  court 
room  during  criminal  trial.  0  T-.R.A". 
(N.S.)  277;  27  L.R.A.(N.S.)  487;  44 
L.R.A.(N.S.)    583;    L.R.A.1918C,   1168. 

Right  of  court  in  criminal  ease  to  direct  a 
verdict  of  guilty.    22  L.R.A. (N.S.)  304. 

Power  to  suspend  sentence  or  stay  execu- 
tion thereof.  33  L.R.A. (N.S.)  112:  .39 
L.R.A.(N.S.)    242;    L.R.A.191.5C,   1169. 

Power  to  advise  but  not  to  compel  exercise 
of  power  by  jiiiblic  prosecutor  to  dis- 
miss prosecution.     35  L.R.A.  708. 

Abduction  or  wrongful  bringing  of  crim- 
inals into  jurisdiction  as  a  defense  to 
prosecution.     15  L.R.A.  177. 

c.   Over  ichat  persons  or  hodies. 

§10.  Over  consuls. 

Jurisdiction   over   consuls.     45  "L.R.A.  580. 

§  11.  Over  corporations  and  associa- 
tions. 

Jurisdiction  of  Federal  court,  see  infra, 
§§  40,  43. 

Over  foreign  corporations,  see  infra,  55  23, 
24. 

^Mandamus  against  corporation,  see  Manda- 
mus.  §§   ]2-L5. 

Service  of  process  on  corporation,  see  Writ 
AND  Process,  §§  22-29. 

What  service  of  process  upon  corporation  is 
sufficient  to  constitute  due  process  of 
law.     50  L.R.A.  588. 

Relief  of  member  of  labor  union  from  un- 
lawful fine  or  suspension.  45  L.R.A. 
(N.S.)  353. 

When  civil  courts  have  jurisdiction  of  con- 
troversy between  association  and  its 
members.     49  L.R.A.  353. 

Conclusiveness  of  decisions  of  tribunals  of 
associations  or  corporations.  40 
L.R.A.    3.53;    2    L.H.A.(N.S.)     •]72. 


324 


INDEX  IX)  L.R.A.  NOTES. 


COURTS,  II.  c— cont'd 

Conclusiveness    of    decision    of    tribunal    of 
mutual  benefit  society  expelling  or  sus- 
]MMiding   a    member.      52   L.R.A.  (N.S.) 
806. 
Conclusiveness  of  decisions  of  tribunals  of 
mutual  benefit  associations  directly 
upon  claims  for  benefits;  and  duty 
to  exhaust  remedies  within  associa- 
tion.   52  L.R.A.(N.S.)  823. 
Necessity  of  exhausting  remedies  within  or- 
der,* against  decision  expelling  or  sus- 
pending a  member  from  a  mutual  bene- 
fit association.    52  L.R.A.(N.S.)  817. 

g  12.  —over  religions  societies;  con- 
clnsiveness  of  decisions  of  ecclesi- 
astical tribunals. 

€lvil  power  to  review  excommunication  of 

church  member.     15  L.R.A.  801. 

5Turi«diction   of   litigation   growing   out   of 

"■  scliism  or  division  in  religious  society. 

24  L.R.A. (N.S.)    692. 

Review  by  civil  court  of  dismissal  or  re- 

,>;*i'.u.i  nioval  of  priest  or  minister  by  an 

'"'        '     ecclesiastical  tribunal.     35  L.R.A. 

(N.S.)  919.  ; 
fievifejv  by  civil  courts  of  expulsion  of  mem- 
'      b^r'of  a  religious  society.     4  L.R.A. 
\.'.,.  <N^.:).1154. 

Po,wter  of  civil  court  to  compel  restoration 
'    '    ' '    [  oi  nicmber  expelled  by  religious  so- 
ciety.    36  L.R.A.  (N.S.)   945. 
Pow6r  of  courts  to  order  new  election  for 
trustee  of  religious  society  because  of 
doubt  as  to  result  of  original  election. 
31  L.R.A.(N.S.)   686. 
Conclusiveness  of  decisions  of  ecclesiastical 

tribunals.  49  L.R.A.  384, 
Conclusiveness  of  decision  of  ecclesiastical 
tribunal  as  to  its  own  jurisdiction  or 
powers.  24  L.R.A.(N.S.)  701. 
Conclusiveness  on  merits  of  decision  remov- 
ing priest  or  minister.  35  L.R.A. (N.S.) 
921. 

d.  Legislative  power  as  to, 

§   13.  Generally. 

Delegation  of  power  to  courts  by  legislature, 

see  Constitutional  Law,*  §  16. 
Encroachment   by   legislature   on   power   of 

courts,  see  Constitutional  Law,  §  20. 

Legislative  authority  to  abridge  power  of 
court  to  punish  for  contempt.  36 
L.R.A.  254. 

Power  of  legislature  to  impose  on  judges 
duty  to  assist  in  drawing  jurors.  23 
L.R.A.(N.S.)   1115. 

Power  of  legislature  to  interfere  with  su- 
perintending control  over  inferior  tribu- 
nals. 61  L.R.A.  111;  20  L.R.A.(N.S.) 
946. 

Power  of  legislature  to  permit  appeal  to 
court  to  review  amount  of  tax  assess- 
ment. 13  L.R.A.(N.S.)  716;  L.R.A. 
1915B,  875. 

May  judges  of  municipal  or  police  courts 
be  vested  or  burdened  with  powers  or 
duties  of  a  nonjudicial  character.     19 

L.R.A. (X.s.)  r»ir,.,  ,  ■    ,  ,,  . 

Brtjiu  uith  this  hook  on  every  law  question. 


COURTS,  II.  d— cont'd 

Validity    of    statutes    establishing    juvenile 

courts.     3  L.R.A. (N.S.)   564;  45  L.R.A. 

(N.S.)   908. 


///.  Relation  to   other  departments  of 
government. 

§14.  Generally. 

Power  of  legislature  as  to  courts,  see  supra, 
§  13. 

Delegation  of  judicial  power,  see  Consti- 
tutional Law,  V. 

Delegation  of  power  to  courts,  see  Consti- 
tutional Law,  §  16, 

Encroachments  on  judicial  power,  see  Con- 
stitutional Law,  §  20. 

Appeal  to  court  from  tax  assessment,  see 
Taxes,  §  59c. 

Review  of  findings  of  workmen's  compensa- 
tion commission,  see  Workmen's  Com- 
pensation, §  3. 

Restriction  on  original  jurisdiction  of  court 
of  last  resort  in  mandamus  case  from 
independence  of  co-ordinate  department 
of  government.     58  L.R.A,   806. 

May  judges  of  municipal  or  police  courts 
be  vested  or  burdened  with  powers  or 
duties  of  nonjudicial  character.  19 
L,R.A.(N.S.)    615. 

Interference  by  with  revocation  of  school 
teacher's  license.  15  L.R.A.  (N.S.) 
1148, 

Right  to  appeal  to  court  from  decision  of 
railroad  commission,  49  L.R.A.  (N.S.) 
565. 

Conclusiveness  of  decisions  or  findings  of 
the  Land  Department.  L.R.A.1918D, 
697. 


§15.  licgislative  department. 

Conclusiveness  of  enrolled  bill,  see  Stat- 
utes, §  12. 

Power  to  declare  act  of  legislature  uncon- 
stitutional.    17  L.R.A.  838. 

Judicial  interference  with  legislative  power 
to  fix  tolls,  rates,  and  prices.  33 
L.R,A.  183. 

Power  of  judiciary  to  fix  rates  to  be 
charged  by  public-service  corporations. 
8   L.R.A.(N.S.)    529. 

Judicial  regulation  of  rates  of  irrigation 
company.     12  L.R.A. (N.S.)    713. 

Power  of  equity  to  regulate  charges  of  pub- 
lic warehousemen.  24  L.R.A.  (N.S.) 
399. 

Power  of  court  to  control  legislative  power 
to  annex  territory  to  municipalities. 
27  L.R.A.  739. 


§   16.  — eminent  domain. 

Where  the  power  rests  to  decide  what  is  a 
public  use.  22  L.R.A, (N.S,)   50, 

Necessity  of  taking  particular  land  by  em- 
inent domain,  as  a  judicial  question. 
11  L.R,A,(N.S,)  940, 

Judicial  power  over  the  right  of  eminent 
domain.     22  L,R,A.(N.S.)    1. 


INDEX  TO  L.R.A.  NOTES. 


325 


COURTS,  III.— cont'd 

§    17.  Executive   department. 

Power  of  courts  to  enforce  ministerial  duties 
of  heaxis  of  departments.  52  L.R.A. 
(N.S.)  415. 

Mandamus  to  members  of,  to  restore  to  office 
one  who  has  been  illegally  removed.  19 
L.R.A.(N.S.)    52. 

Conclusiveness  on  courts  of  recognition  of 
Mexican  government  by  President. 
L.R.A.1917A,  280. 

Power  of  court  to  review  action  of  governor 
in  removing  officer.  39  L.R.A.{N.S.) 
788. 

Power  of  court  to  inquire  into  the  motives 
of  the  governor  in  exercising  the  par- 
doning power.    52  L.R.A.(N.S.)   113. 

Power  of  courts  to  interfere  with  rulings  of 
Postoffice  Department.  12  L.R.A.(N.S.) 
]66. 

8    18.  Municipal  matters. 

Municipal  declaration  of  forfeiture  of  street 
franchise  or  privilege  for  breach  of  con- 
dition as  a  judicial  determination.  4 
L.R.A.(N.S.)   321. 

IV.  Jurisdiction  as  affected  by  resi- 
dence, citizenship  or  territorial 
limitations. 

§    19.  Generally. 

Federal  jurisdiction  as  affected  by  residence 
or  citizenship,  see  infra,  §§  42,  43. 

Abatement  of  action  by  pendency  of  action 
in  court  of  other  state,  see  Abatement 
A>fD  Revival,  §  6. 

Right  of  courts  of  one  state  to  enforce  laws 
or  causes  of  action  arising  in  another 
state,  see  Conflict  of  Laws. 

Jurisdiction  in  divorce  as  affected  by  domi- 
cil,  residence,  or  place  of  marital  of- 
fense, see  Conflict  of  Laws,  §  14. 

Jurisdiction  of  action  for  death  or  bodily 
harm  occurring  in  another  state,  see 
Conflict  of  Laws,  §  22. 

Enforcement  of  penal  laws  of  another  state, 
see  Conflict  of  Laws,  §  23. 

Where  debt  is  garnishable,  see  Gabnish- 
MENT,  §   12. 

Judgments  of  courts  of  sister  state,  see 
Judgment,  §§  66-73. 

Discriminating  against  citizens  of  other 
states.     14  L.R.A.  583. 

Extraterritorial  effect  of  statute  limiting 
jurisdiction  in  which  action  may  be 
brought.    L.R.A.1916D,  688. 

Liability  of  soldiers'  home  to  garnishment 
in  state  courts.     46  L.R.A. (N.S.)    301. 

Liability  of  municipal  corporation  to  suit 
outside  of  state.     L.R.A.1915F,  1025. 

Where  suit  against  heir  by  creditor  of  es- 
tate which  has  been  distributed  before 
claim  accrued  should  be  brought.  L.R.A. 
1916A,   1189. 

Absence  from  jurisdiction  of  person  to 
wliom  writ  of  habeas  corpus  is  directed 
as  affecting  court's  authority  to  issue 
writ.    4  B.  R.  C.  810. 

Necessity  of  exhaustion  of  remedy  as  to 
property  situate  beyond  jurisdiction  as 
condition  precedent  to  creditors'  bill. 
23  L.R.A.  (X.S.)    88. 

Consult  also  L.R.A.  Digests  of  Cases. 


COURTS,  IV.— cont'd 

Place  of  payment  of  debt  as  affecting  juris- 
diction to  garnish  same.  3  L.R.A. 
I  N.S.)   608;  20  L.R.A.  (N.S.)   264. 

Jurisdiction  to  award  custody  of  child  tem- 
jjorarily  within  the  state  but  domiciled 
elsewhere.    10  L.R.A.  (N.S.)  690. 

Right  to  sue  executor  or  administrator  on 
his  bond  in  a  state  other  than  that  of 
his  appointment.     35  L.R.A.  (N.S.)   334. 

Effect  of  qualification  of  personal  repre- 
sentatives %vithin  state,  other  than  the 
domicil  of  the  deceased,  to  give  court 
jurisdiction  as  to  assets  in  another 
state.     L.R.A.1918E,  718. 

View  outside  the  territorial  jurisdiction. 
L.R.A.1917F,  984. 

Power  to  punish  contempt  committed  out 
of  state.    L.R.A.1917E,  553. 

§2  0.  Over  boundary  waters. 

Over  sea,  see  Waters,  §  4. 

Over  boundary  rivers  or  lakes,  see  Watebs, 

§§  5,  6. 
Over  inland  rivers,  see  Waters,  §  7. 

§  21.  Matters  ag  to  real  property. 

In  general;  jurisdiction  limited  to  suits  vn 
personam.  69  L.R.A.  673;  23  L.R.A. 
(N.S.)   924;  27  L.R.A. (N.S.)   420. 

Conditions  of  jurisdiction.     69  L.R.A.  675. 

Particular  subjects  of  jurisdiction.  69 
L.R.A.  678;  23  L.R.A. (N.S.)  924;  27 
L.R.A.(N.S.)    420. 

Form  of  relief;  effect  and  enforcement  of 
decree.     69  L.R.A.  694. 

Jurisdiction  to  enjoin  acts  with  respect  to 
real  property  in  another  state.  7 
L.R.A.  (N.S.)    114. 

May  jurisdiction  of  suit  to  quiet  title  or 
remove  cloud  on  title  of  land  within 
the  territorial  jurisdiction  rest  upon 
constructive  service  of  process  against 
a  nonresident.     29  L.R.A. (N.S.)   625. 

May  jurisdiction  of  suit  for  specific  perform- 
ance of  a  contract  for  the  conveyance 
of  land  within  the  territorial  jurisdic- 
tion rest  upon  constructive  service  of 
process  against  a  nonresident.  23 
L.R.A.  (N.S.)   1135. 

May  jurisdiction  of  suit  to  determine  the 
interests  of  partners  or  cotenants  in 
real  property  within  state,  rest  upon 
constructive  service  upon  nonresidejit. 
52  L.R.A. (N.S.)    1061. 

Action  for  damages  for  breach  of  con- 
tract, or  for  tort  concerning  realty  in 
another  state  or  country.  26  L.R.A. 
(N.S.)   928;  44  L.R.A.  (N.S.)   267. 

Right  to  maintain  action  for  conversion  of 
timber,  crops,  buildings,  etc.,  taken 
from  land  in  another  state  or  country. 
.34  L.R.A.(N.S.)   994. 

§2  2.  —foreclosure  suit. 

Foreclosure  of  mortgage  upon  land  in  an- 
other state.  69  L.R.A.  682;  4  L.R.A. 
(N.S.)   986. 

Jurisdiction  to  order  foreclosure  sale  of 
railroad  in  different  states.  32  L.R.A. 
208;   69  L.R.A.  682. 


32ft 


INDEX  TO  L.R.A.  NOTES. 


C  OURTS,  IV.— cont'd  I 

§  28.  Over  foreljrii  corporation. 

Jurisdii'tioii  of  Federal  court,  see  infra, 
VII.  d,  2. 

Right  to  fnforoe  stockliolder's  liability  out- 
Hide  of  state  of  iiuorporation,  see  CoB- 
roRATIONS,   §   121.      ' 

Right  of  nonrrsident  to  sue  foreign  .corpora- 
tion.    70  L.R.A.  513.      ', 

Power  of  court  to  compel  a.  foreign'  corpora- 
tioii  to  register  transfers  of  .s^^K.  3 
L.n.A.{N.S.)  551. 

Enforceability  in  court  of  another  state  of 
a  contract  made  by  a  foreign  corpora- 
tion which  had  not  complied  with  the 
conditions  of  doing  business  within  the 
state.    26  L.R.A.  (N.S.)  999. 

IjO^uh  of  cause  or  subject  of  actiori  as  af- 
fecting jurisdiction  of  action  by  nonres- 
ident against  foreign  corporation.  70 
L.R.A.  .54.3. 

Fact  that  foreign  corporation  has  an  agent 
to  solicit  business  or  to  receive  and 
transmit  orders  as  rendering  it  subject 
to  suit  in  local  courts.    6  B.  R.  C.  808. 

§  24.  —  locality  of  Jurisdiction  of  state 
court  over.  * 

Generally.     70  L.R.A.  602, 

Jurisdiction  coextensive  with  the  state.     70 

L.R.A.  692. 
Constructive  domestic  residence.    70  L.R.A. 

69.3. 
Counties    in    which    railroads    extend.      70 

L.R.A.  696. 
Venue   determined  by   doing  business.     70 

L.R.A.  696. 
Resident  agent.    70  L.R.A.  697. 
Place  of  origin  of  the  cause  or  situation 
of  the  subject  of  the  action.     70 
L.R.A.  899. 
When  the  foreign  corporation  is  not  sole  de- 
fendant.   70  L.R.A.  701. 
Effect  of  appeiiance  and  waiver.    70  L.R.A. 

701.  . 

Federal  corporations.    70  L.R.A.  702. 
Counties  where  plaintiff  resides.    70  L.R.A. 

702. 
PlaintiU's  choice.    70  L.R.A.  702. 
Courts  of   limited   jurisdiction.     70  L.R.A. 

702. 
Constitutionalitv    of    venue    statutes.      70 

L.R.A,  703.' 
Construction  of  venue  statutes.     70  L.R.A. 

703. 

li  25.  Over  crli^es. 

liOcality  of  crimes  committed  by  shooting  or 
striking  across  state  boundary.  28 
L.R.A.  59. 

Jurisdiction  of  homicide  where  mortal 
wound  is  inflicted  in  one  state  or  coun- 
try and  death  occurs  in  another.  39 
L.R.A.  (N.S.)  822. 

Locality  of  crinie  committed  through  the 
aigeUcy  of  the  mails  or  oi  carriers.  19 
L.R.A.  775. 

Jurisdiction  to  punish  crimes  committed  by 
or  against  Indians.  21  L.R.A.  169; 
L.R.A.1915F,  587 


Begin  xt-ith  thin  booh  on  every  law  question 


COURTS,  IV.— cont'd 

Absence  of  accused  from  territorial  juris- 
diction at  time  of  offense  as  affecting 
jurisdiction.      33    L.R.A. (N.S.)     331. 

Prosecution  for  larceny  of  one  who  receives 
•  or  sells  within  the  state  property  actu- 
ally stolen  with  his  connivance  by  an- 
other in  another  state.  42  L.R.A. (N.S. ) 
207. 

Offense  of  desertion  or  failure  to  provide 
for  wife  or  family  as  affected  by  resi- 
dence of  parties.     47  L.R.A.  (N.S.)  220. 

Locality  of  ofl'ense  of  criminal  libel.  49 
L.R.A.(N.S.)   941. 

§2  6.  Suit  ag;ain.st   foreign   sovereign. 

Jurisdiction  of  suit  against  foreign  sover- 
eign.    16  L.R.A.  (N.S.)    276. 

F.  Jurisdiction  as  affected  by  amount 
involved. 

§   2  7.  Generally. 

In  injunction  suit,  see  Injunction,  §  81. 

Injunction  against  judgment  for  matters 
as  to  amount.     31  L.R.A.  203. 

Amount  in  dispute  in  case  of  injunction 
against  enforcement  of  liens  or  claims 
against  specific  property.  61  L.R.A. 
781. 

Is  amount  of  attorney's  fee  expressly  stip- 
ulated for  to  be  included  in  computing 
amount  involved,  for  purpose  of  ascer- 
taining jurisdiction.  27  L.R.A. (N.S.) 
157;  49  L.R.A.(N.S.)    600. 

§28.  Effect  of  counterclaim  in  amount 

In  excess  of  jurisdiction. 
In  court  of  original  jurisdiction.    37  L.R.A. 

(N.S.)  607. 
In  appellate  court.    37  L.R.A. (N.S.)  616. 

§  29.  Voluntary  credits  to  bring  debt 
within  jurisdictional  amount. 

The  rule  permitting  remission.     28   L.R.A. 

222. 
The  rule  as  affected  bv  the  character  of  the 

claim.     28  L'R.A.  223. 
Remission  of  interest.    28  L.R.A.  225. 
Rule  denying  the  right  to  remit.    28  L.R.A. 

226. 
What   constitutes   a  remission.     28   L.R.A. 

228. 
When  made.    28  L.R.A.  229. 

VI.  Original    jurisdiction    of    court    of 
last  resort;  superintending  control. 

§  30.  Superintending  control  and  su- 
pervisory jurisdiction  over  inferior 
courts. 

Generallly.     51  L.R.A.  33;   20  L.R.A.(N.S.) 

942. 
Inherent  power  of  supervisory   or   superin- 
tending control  over  inferior  tribu- 
nals.   51  L.R.A.  34. 
Constitutional  and  statutory  grants  of  su- 
perintending    control,     general     super- 
vision,  etc.     51   L.R.A.   37;   20   L.R.A. 
(N.S.)  943. 


INDEX  TO  L.R.A.  NOTES 


327 


COURTS,  VI.— cont'd 

In  states   which   have  no  express   constitu- 
tional or  statutory  grants  of  power.    51 

L.R.A.   74. 
In  courts  of  the  United  States.     51  L.R.A. 

103;  20  L.R.A.(N.S.)   945. 
Where  the  application  to  correct  should  be 
first    made.      51    L.R.A.    107;     20 
L.R.A.  (X.S.)    946. 
When   the   power   is   exercised   witliout   des- 
ignating it  as  such.    51  L.R.A.  107. 
Use  in  place  of  appeal  or  other  remedy.     51 

L.R.A.  109;  20  L.R.A.(N.S.)  949. 
For  what  purposes  exercised.    51  L.R.A.  109. 
Power  of  legislature  to  interfere.    51  L.R.A. 

Ill;   20  L.R.A.(N.S.)    946. 
EKercise   of   the   power   by   courts   of    local 

jurisdiction.     51  L.R.A.  111. 
Over  what  courts  or  jurisdictions  power  may 

be  exercised.     20  L.R.A. (N.S.)    947. 
Mode  in  which  power  may  be  exercised.    20 

L.R.A.(N.S.)   947. 
Policy    governing    its    exercise.      20    L.R.A. 

(N.S.)    948. 
Occasions  for  its  exercise.    20  L.R.A. (N.S.) 

949. 
Exclusiveness    of    jurisdiction    of    court    of 

last  resort  to  issue  remedial  writs  for 

prerogative  purposes.     13  L.R.A. (N.S.) 

769. 
Superintending  control  of  civil  courts  over 

courts-martial.     20   L.R.A. (N.S.)    413. 

§   31.  Original  jurisdiction  In  manda- 
mus cases. 
In  general.    58  L.R.A.  833;  38  L.R.A.(N.S.) 

1000. 
What  constitutes  original  jurisdiction.     58 

L.R.A.  833. 
Origin  and  nature.    58  L.R.A.  834. 
Method   of   conferring  and  extent   of.     58 

L.R.A.  836. 
Restrictions  and  limitations  on  jurisdiction. 
58    L.R.A.    855;    38    L.R.A.(N.S.) 
1000. 


VII.   Various   particular   tribunals, 
a.  In  general, 

§   32.  Generally. 

Conclusiveness  of  decisions  of  tribunals  of 
corporations  and  associations,  see 
supra,   §§   n,   12. 

As  to  juvenile  court,  see  Juvenile  Couets. 

Jurisdiction    and    powers    of    consuls.      45 

L.R.A.   481. 
Jurisdiction  of  ecclesiastical  tribunals.     49 

L.R.A.  390. 


h.  State  courts. 


§   33.  Generally. 

Jurisdictipn  generally,  see  supra,  II. 

Jurisdiction  as  aflfected  by  residence,  citizen- 
ship, or  territorial  limitations,  see 
supra,  IV. 

<7on8itl«  also  L.R.A.  Digests  of  Cases. 


COURTS,  VII.  b— cont'd 

Locality  of  jurisdiction  of  state  court  over 

foreign  corporation,  see  supra,  §  24. 
Jurisdiction  as  affected  by  amount  involved, 

see  supra,  V. 
Original    jurisdiction,    and    superintending 

control,  see  supra,  VI. 
Concurring   jurisdiction   of   state   and   Fed- 
eral courts,  see  infra,  §§  52-54. 
Power  and  jurisdiction  of  state  courts  as  to 

Federal  matters,  see  infra,  §  54. 
State    courts    following    Federal    decisions, 

see  infra,  §  57. 
Federal  courts  following  state  decisions,  see 

infra,   §  58. 
Locality  "of  jurisdiction  of  state  court  over 

foreign   corporation,   see   supra,   24. 
Jurisdiction  of  United  States  Supreme  Court 

to  review  judgments  of,  see  Appeal  and 

Ekeob,  §  4. 
Removal   of   cause   from,    see   Removal  of 

Causes. 

Admissibility  in  evidence  in,  of  copies  of 
Federal  records.     5   L.R.A. (N.S.)    947. 

Change  of  decision  of  state  court  as  an  im- 
pairment of  contract.     16  L.R.A.  646. 

Jurisdiction  of  criminal  actions  against  con- 
suls.    45  L.R.A.  584. 

Jurisdiction  of  civil  actions  against  con- 
suls.    45  L.R.A.  582. 

Jurisdiction  of  state  court  of  action  by  car- 
rier to  recover  difference  between  rate 
charged  on  interstate  shipment  and 
proper  rate.     49  L.R.A. (N.S.)  99. 

§   34.  Courts  of  probate  jurisdiction. 

Jurisdiction  to  admit  to  probate  will  not 
probated  at  testator's  domicil.  33 
L.R.A.(N.S.)   658. 

Notice  of  distribution  in  probate* proceed- 
ings as  jurisdictional.  37  L.R.A. (N.S.) 
368. 

Right  of  representative  of  decedent's  estate 
to  interplead  claimants  as  affected  by 
exclusiveness  of  surrogate's  jurisdiction. 
37  L.R.A.(N.S.)   986. 

Power  to  dismiss  proceedings.  2  L.R.A. 
644. 

Power  to  authorize  lease  of  infant's  lands 
beyond  his  minority  or  the  guardian- 
ship.   L.R.A.1916F,  500. 

Power  to  elect  against  will  on  behalf  of 
insane  widow.  17  L.R.A.  297:  35 
L.R.A.(N.S.)  1210;  49  L.R.A.(N,S.) 
1108. 

c.  Territorial  courts. 

%   35.  Generally. 

Admissibility  in  evidence  in,  of  copies  of 
records  from  other  tribunals.  5  L.R.A. 
(N.S.)    948. 

Removal  of  criminal  cases  from  territorial 
courts.     53  L.R.A,  581. 

§   35a.  Jurisdiction  of. 

Jurisdiction  to  punish  crimes  committed  by 
or  against  Indians.     21  L.R.A.  173.       i 


328 


INDEX  TO  L.R.A.  KOTES. 


COURTS,  VII.— cont'd 

d.  Federal  cmirts. 
1.   In  general. 

§   86.  Generally. 

Conflict    of-  authority    between    state    and 

Federal  courts,  see  infra,  IX. 
State  courts  following  Federal  decisions,  see 

infra,  §  57. 
Federal  courts  following  state  decisions,  see 

infra,   §  58. 
Lien  of  judgment  of,  see  Judgment,  §  59. 
Removal    of    action    to,    see    Removal   of 

Causes. 

Adoption  of  common  law  in.  22  L.R.A. 
606. 

Sustaining,  in  Federal  court,  in  bankruptcy 
ease,  equitable  rights  of  wife  which 
were  not  recognized  by  local  law.  ] 
L.R,A.(N.S.)   321. 

Superintending  control  over  inferior  tribu- 
nals.    20  L.R.A.(N.S.)    945. 

Serving  process  of  Federal  courts  on  foreign 
corporations.     23  L.R.A.  501. 

Admissibility  in  evidence  in,  of  copies  of 
records  of  other  states.  6  L.R.A.  (N.S.) 
944. 

What  entry  or  record  is  necessary  in,  for 
purposes  of  appeal.    28  L.R.A.  627. 

Review  of  decision  of,  by  supreme  court  on 
certiorari.     50  L.R.A.  801. 

Lien  of  judgment  of  Federal  court.  47 
L.R.A.  469. 

Power  of  Federal  courts  to  enforce  minis- 
terial duties  of  state  officers.  52  L.R.A. 
(N.S.)    434. 

§  S6a.  Adoption  by  Federal  courts  of 
remedies  created  by  state  statutes. 

Preservation    of    equity    jurisdiction.       18 

L.R.A.  266. 
Enlargement    of    equitable    remedies.      18 

L.R.A.  266. 
Limitation  or  enlargement  of  equity  powers. 

18  L.R.A.  267. 
Extending  legal  remedies.     18  L.R.A.  268. 
Limiting  equitable  jurisdiction.     18  L.R.A. 

269. 

9.  Jurisdiction. 

§  37.  Generally. 

Concurring  and   conflicting  jurisdiction   of 

state    and    Federal    courts,    see    infra, 

IX. 
Jurisdiction  of  national  banks,  see  Banks, 

§   48.  • 

Jurisdiction  on  habeas  corpus,  see  Habeas 

Corpus,  §  2. 

EfTect  of  state  statutes  on  Federal  jurisdic- 
tion of  suit  to  remove  cloud  on  title. 
12  L.R.A. (N.S.)  76. 

Jurisdiction  of  civil  actions  against  con- 
suls.    45  L.R.A.  580. 

Jurisdiction    of    criminal    actions 
consuls.     45  L.R.A.  584. 

Extending  legal  remedies  of  Federal  courts 
by  state  statutes.     18  L.R.A.  268. 

Begin  uHth  this  hooJc  on  every  law  question. 


against 


COURTS,  VII.  d,  2— cont'd 

Authority  of  Congress  to  abridge  power  of 
Federal  courts  to  punish  for  contempt. 
36  L.R.A.  258. 

Jurisdiction  of  actions  under  Federal  em- 
ployers' liability  act.  47  L.R.A. (N.S.) 
67;   L.R.A.1915C,  76. 

Jurisdiction  of  Federal  court  of  action  by 
interstate  carrier  to  recover  under- 
charges.    49  L.R.A. (N.S.)    99. 

§   38.  Equity  jurisdiction. 

Adoption  of  remedies  created  by  state  stat- 
utes affecting,  see  supra,  §  36a. 

Jurisdiction  of  Federal  courts  to  enjoin  exe- 
cution sales  or  other  proceedings  under 
final  process.     30  L.R.A.   133. 

Availability  in  Federal  courts  of  statutory 
remedies  limiting  or  enlarging  equity 
powers.     18  L.R.A.  266. 

EflFect  of  state  legislation  to  extend  equity 
jurisdiction.     18  L.R.A.  268. 

EflFect  of  state  legislation  to  limit,  or  re- 
strain equity  jurisdiction.  18  L.R.A. 
269. 

§  30.  Federal  questions.' 

Power  and  jurisdiction  of  state  court  with 
reference  to  Federal  matters,  see  infra,. 
§  54. 

In  patent  cases,  see  Patents,  §  5. 

Jurisdiction  of  United  States  Supreme 
Court  in  action  against  national  bank 
to  recover  penalty  for  taking  usurious 
interest.     56  L.R.A.  680. 

Questions  as  to  national  banks  as  Federal 
questions.     62  L.R.A.  536. 

§   40.  Over  corporations. 

As  dependent  on  citizenship  of,  see  infra,. 
§  43. 

Enforcement  of  stockholder's  liability  out- 
side of  state  in  Federal  courts.  34 
L.R.A.  761. 

Enforceability  in  Federal  court  of  a  con- 
tract made  by  a  foreign  corporation 
which  had  not  complied  with  conditions 
of  doing  business  within  the  state.  26 
L.R.A.(N.S.)    999. 

Conditions  against  foreign  coporation  in- 
voking Federal  jurisdiction.  24  L.R.A., 
294. 

§  41.  Of  action  by  assignee. 

Suit  by  assignee  of  chose  in  action.  1 
L.R.A.  817;*  12  L.R.A.  681.* 

When  assignee  of  chose  in  action  may  sue 
in  United  States  circuit  court.  2" 
L.R.A.  746.* 

§   42.  As  dependent  on  citizenship. 
Right  of  citizen  of  District  of  Columbia  t» 

maintain   suit   in   circuit  court  on  the 

ground  of  diverse  citizenship.     1  L.R.A. 

108.*  ♦ 

Necessity  of  diversity  in  citizenship  at  time 

suit  brought.     1  L.R.A.  108.» 


INDEX  TO  L.R.A.  NOTES. 


329 


COURTS,  VII.  d,  2— cont'd 
§    43.  — of  corporations. 

Citizenship  of  corporation,  for  purposes  of 
Federal  jurisdiction,  in  state  other 
than  that  where  created.  14  li.R.A. 
184. 

§  4  4.  Over  crimes  by  or  against  In- 
dians. 

See  Indians,  §  2. 

e.  Court  of  claims. 

§   45,  Generally. 

Act  creating.     2  L.R.A.  572.* 
Jurisdiction,    practice,    and    procedure.      3 
L.R.A.  463.* 

VIII.  Time;  terms;  vacation. 

§   4  6.  Generally. 

Delay   of  prosecution  caused  by   failure  to 

hold  court,  as  ground  for  discharge  of 

accused.     56  L.R.A.  530. 
Extension    of    time    for    court    proceedings 

when    last    day    fails    on    Sunday.      14 

L.R.A.   122. 
Sitting  on  holidays.     19  L.R.A.  317. 

§   4  7.  Vacation. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest  where 
settlement  of  estate  is  delayed  by  va- 
cation of  court.     31  L.R.A.  (N.S.)    359. 

Entry  of  nunc  pro  tunc  judgments  in.  20 
L.R.A.  147. 


IX.  Concurring    and   conflicting    juris- 
diction ;  relation  of  state  to  Federal. 

a.   In   general, 

§  48.  Generally. 

Jurisdiction  and  determination  of  suits  for 
adjustment  of  rights  between  part  own- 
ers of  ship.     L.R.A.1917A,  1108. 

Concurrent  jurisdiction  over  boundary 
rivers.    65  L.R.A.  964. 

Conflicting  authority  in  drainage  proceed- 
ings.    60  L.R.A.  175, 

Conflict  of  jurisdiction  as  to  garnishment  of 
debt.     67  L.R.A.  220. 

Exclusiveness  of  jurisdiction  of  court  of 
last  resort  to  issue  remedial  writs  for 
prerogative  purposes.  13  L.R.A. (N.S.) 
769. 

Superintending  control  of  civil  courts  over 
courts-martial.      20    L.R.A. (N.S.)    413. 

Concurrent  jurisdiction  over  offense  under 
municipal  ordinance  and  state  statute. 
17  L.R.A.(N.S.)  57. 

%  49.  Exclusiveness  of  jurisdiction 
first  acquired. 

Between  state  and  Federal  courts,  see  infra, 
§  53. 

§  50.  —where  receiver  has  been  ap- 
pointed. 

As  between  a   receiver  and  an   assignee  in 

bankruptcy.    20  L.R.A.  391. 
Consult  also  L.R.A.  Digests  of  Cases. 


COURTS,  IX.  a— cont'd 

As  to  property  that  is  outside  of  the  juris- 
diction of  the  court  appointing  a  re- 
ceiver.   20  L.R.A.  392. 

As  to  right  of  possession  between  tlie  re-, 
ceiver  and  a  creditor  levying  an  execu- 
tion or  attachment  on  the  property. 
20  L.R.A.  392. 

As  to  receiver's  right  of  possession  as  af- 
fected by  the  time  of  appointment,  giv- 
ing bond,  and  taking  jjossession.  20 
L.R.A.  393. 

As  to  questions  between  state  and  Federal 
courts.     20  L.R.A.  393. 

As  to  the  effect  of  an  appeal.  20  L.R.A. 
395. 

Effect  of  order  to  turn  back  the  property 
after  appeal  from  appointment  of  re- 
ceiver upon  right  of  other  courts  to 
exercise  jurisdiction  over  it.  15  L.R.A. 
(N.S.)   963. 

Effect  of  appeal  from  order  appointing  re- 
ceiver of  corporation  to  enable  a  court 
of  concurrent  jurisdiction  to  take  ju- 
risdiction.    22  L.R.A.(N.S.)    316. 

Effect  of  attachment  of  real  estate  to  de- 
feat right  of  receiver  subsequently  ap- 
pointed by  another  court,  to  possession. 
3  L.R.A.(N.S.)    1073. 

What  court  has  jurisdiction  to  fix  attor- 
neys' fees  for  services  in  suit  by  or 
against  receiver.     L.R.A.1915F,  1219. 

§  51.  Interference  with  other  courts; 
injunction. 

Injunction  against  suit  in  foreign  juris- 
diction.    21  L.R.A.  71. 

Right  to  enjoin  prosecution  of  collusive  suit 
in  court  of  co-ordinate  jurisdiction.  11 
L.R.A.(X.S.)   581. 

Garnishment  of  judgment  in  another  court 
of  the  state  in  which  it  was  rendered. 
L.R.A.1917D,  1139. 


6.   State  and  Federal  courts. 

§   52.  Generally. 

Jurisdiction  of  Federal  courts  generally,  gee 
supra,  VII.  d,   2. 

Pendency  of  actions  in  both  state  and  Fed- 
eral courts  sitting  in  same  state.  42 
L.R.A.  449. 

Jurisdiction  of  estate  of  inmate  of  Federal 
home  or  institution.  39  L.R.A. (N.S.) 
586. 

May  a  state  court  protect  an  inchoate  in- 
terest in  real  property  under  an  at- 
tachment in  a  suit  pending  in  a  Fed- 
eral court,  or  vice  versa.  6  L.R.A. 
(N.S.)   624. 

Power  of  Federal  court  to  enforce  its  own 
judgment  against  a  decedent's  estate. 
12  L.R.A. (N.S.)    154. 

Privilege  of  suitor  or  witness  in  Federal 
court  from  arrest  or  service  of  sum- 
mons out  of  state  court.  22  L.R.A. 
(N.S.)    992, 

Jurisdiction  to  enjoin  execution  sales  or 
other  proceedings  under  final  process. 
30  L.R.A.  133. 


330 


INDEX  TO  L.R.A.  NOTES. 


COURTS,  IX.  b— cont'd 
§  58.  Excluslveness      of      Jurisdiction 
(Irst  acquired. 

Is  state  court's  jurisdiction  of  creditor's 
attack  on  preference  ousted  by  bank- 
ruptcy proceedings  commenced  more 
than  four  months  after  preference.  28 
L.R.A.(N.S.)    363. 

Exclusiveness  of  jurisdiction  by  appoint- 
ment of  receiver  as  between  state  and 
Federal  courts.    20  L.R.A.  393. 

S  54.  Power  and  Jurisdiction  of  state 
court  with  respect  to  Federal  mat- 
ters. 

Administration  of  Federal  laws  in  state 
courts.     48  L.R.A.  33. 

Power  of  state  court  to  enforce  right  under 
Federal  employer's  liability  act.  40 
L.R.A.(N.S.)  684;  47  L.R.A.(N.S.)  72; 
L.R.A.iyl5C,  75;   L.R.A.1918E,  917. 

Jurisdiction  to  punish  crimes  committed  by 
or  against  Indians.  21  L.R.A.  169; 
L.RJL1915F,  587. 

Jurisdiction  of  state  court  to  enforce  for- 
feiture of  interest  provided  by  national 
banking  act.    56  L.R.A.  688. 

Jurisdiction  of  state  court  over  action  to  re- 
cover from  national  bank  twice  the 
amount  of  usurious  interest  paid  to  it. 
56  L.R.A.  690. 

State  jurisdiction  over  lands  of  the  United 
States  within  the  state.    17  L.R.A.  720. 

With  respect  to  naturalization.  30  L.R.A. 
761. 

Power  of  state  court  to  pass  on  inter- 
state rates.     28  L.R.A.  (N.S.)    108. 

Power  of  state  court  to  review  rulings 
of  Interstate  Commerce  Commission. 
L.RJL.1917E,  919. 

X.  Rules  of  decision. 

§   55.  Generally. 

Effect  and  conclusiveness  of  decision  on  ap- 
peal, see  Appeal  and  Error,  §§  43,  44. 

Weight  of  decisions  of  common-law  courts 
as  to  what  contracts  will  support  mari- 
time lien.    70  L.R.A.  358. 

Conclusiveness  of  prior  decisions  on  appeal 
as  to  effect  of  dicta.    34  L.R.A.  344. 

§  56.  Following  decisions  of  courts  of 
other  state. 

Binding  effect  of  decisions  of  state  supreme 
courts  on  courts  of  other  states.  5 
L.R.A.  512.' 

§  67.  State  courts  following  Federal 
decisions. 

State  courts  following  Federal  decisions  in 
construing  statute  to  impose  penalty 
on  national  banks  for  taking  illegal 
interest.     50  L.R.A.  677. 


courts    following    state 


§  58.  Federal 
decisions. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  statutes  in 
relation  to  state  courts.  40  L.R.A. 
(N.S.)    447. 


COURTS,  X.— cont'd 

Questions  of  state  law  as  to  which  the  de- 
cisions of   the   highest  state  court 
must  be  followed  in  actions  origi- 
nating in,  or  removed  to,  the  Fed- 
eral courts.     40  L.R.A.  (N.S.)   380. 
State  decisions  as   to  validity   of  contract 
exempting  railroad  company  from   lia- 
bility for  burning  of  building  upon  its 
right  of  way.     44  L.R.A. (N.S.)    1129. 
Controlling  effect  of  decisions  of  state  court 
affecting    validity    of    bonds    of    public 
corporation  where  estoppel  to  deny  va- 
lidity is  set  up.     L.R.A.1915A,  981. 

§   59.  Stare  decisis. 

Doctrine  of  stare  decisis  in  exercise  of  ju- 
dicial power  over  right  of  eminent  do- 
main.     22    L.R.A. (N.S.)     95. 

Construction  of  penal  statute  as  rule  of 
personal  liberty.  12  L.R.A.(N.S.) 
1081. 

Effect  of  change  of  judicial  decision  to  im- 
pair the  obligation  of  a  contract.  16 
L.R.A.  646;  5  L.R.A. (N.S.)  860;  23 
L.R.A.{N.S.>  500. 


COURTS-MARTIAL. 

Civil  responsibility  of  members  of.  L.R.A. 
1915A,  1170. 

Right  of  member  of,  to  maintain  action  for 
libel  or  slander  based  on  charges  against 
court  generally.     23  L.R.A.(N.S.)    728. 

Continuance  of  constitutional  guaranties 
during  war  or  insurrection.  45  L.R.A. 
(N.  S.)_996. 

Superintending  control  of  civil  courts  over 
courts-martial.      20   L.R.A. (N.S.)    413. 

Right  to  convict  for  same  offense  in  both 
civil  courts  and  courts-martial.  31 
L.R.A.(N.S.)  710. 

Are  state  militias  subject  to  the  articles  of 
war  of  the  United  States.  40  L.R.A. 
(N.S.)    354. 

Right  of  minor  unlawfully  enlisted  in  Army 
or  Navy  to  discharge  on  habeas  corpus 
from  custody  of  court-martial  under 
charge  of  desertion  or  fraudulent  en- 
listment. 18  L.R.A.(N.S.)  956;  L.R.A. 
1917D,  105'9. 

Court-martial  of  one  violating  Selective 
Service  Act  of  May  18,  3917.  L.R.A. 
1918E,  1026. 


COUSINS. 

Insurable  interest  in  cousin's  life.  54  L.R.A. 
(N.S.)    233;    14  L.R.A.  (N.S.)    1172. 

Implied  agreement  to  pay  for  services  ren- 
dered to.      11  L.R.A. (N.S.)    8S5. 

Measure  of  dama-^es  for  negligent  death  of. 
17  L.R.A.  77. 


Begin  with  this  booJc  on  every  law  question. 


COVE. 

Division  of  rights  in,  between  riparian  own- 
ers.   21  L.R.A.  776. 


INDEX  TO  L.E.A.  :N0TES. 


331 


COVENANTS. 

I.  In  general,  §  1. 
II.  Constimction ;   validity;    effect,    §§ 
2-15. 
III.  Performance;      breach;      etiforce- 
ment;  who  liable,  §§  16-33. 

a.  In  general,  §§  16-20. 

b.  Restrictive  covenants  and  con- 

ditions, §§  21-25. 

c.  Covenants     of    seisin    and    of 

right  to  convey,  §§  26,  27. 

d.  Covenants       against       encum- 

brances, §§  28-30. 

e.  Covenants  of  warranty  and  for 

quiet  enjoyment,  §§  31-33. 


I.  In  general. 


§    1.  Generally- 

As    to    reservations    and    exceptions,    see 

Deeds,  §§  24-27. 
In   lease,   see   Landlord   and   Tenant,    §§ 

15-22. 

Implied  or  ostensible  authority  of  an  agent 
to  bind  his  principal  by  covenants  in 
the  sale  of  real  property.  L.R.A.1917F, 
954. 

Registration  of  covenant  under  the  Torrena 
Law.    L.R.A.1916D,  79. 

Covenants  on  division  of  btiilding  by  sale  of 
part  thereof.     38  L.R.A.(N.S.)    706.     : 

Effect  of  alteration  of  deed  after  delivery 
upon  covenants.  32  L.R.A.{N,S.)  288; 
L.R.A.1918B,  490. 

Jurisdiction  of  action  of  covenant  in  re- 
lation to  land  in  another  state  or 
country.  26  L.R.A.(N.S.)  928;  44 
L.R.A.(N.S.)  267. 


II.  Construction ;   validity ;   effect. 

§   2.  Generally. 

Agkinst  engaging  in  rival  business,  see  Con- 
tracts, §§  ]07-109,  117,  118. 
Estoppel  by,  see  Estoppel,  §§  3-5. 
Covenant  of   title  on   sale   of   chattels,   see 

Sale,  §  28. 

Admissibility  of  parol  evidence  to  affect 
scope  of.     L.R.A.1916E,  221. 

Law  governing  covenant  in  deed  or  mort- 
gage of  real  property.  17  L.R.A.(N.S.) 
1094;  L.R.A.1916A,  1027. 

In  grant  of  water  power.     67  L.R.A.  401. 

In  deed   poll.     23   L.R.A.   396. 

Dependent  and  independent  covenants  as  af- 
fecting right  to  rescind  or  abandon  con- 
tract for  other  party's  default.  30 
L.R.A.  34. 

Right  of  mortgagee  to  benefit  of  insurance 
where  mortgage  contained  a  covenant 
to  insure.     25  L.R.A.  305. 

How  far  is  tide  land  within  protection  of 
covenants  in  deed.     62  L.R.A.   763. 

Covenants  on  division  of  building  by  sale 
of  part  thereof.     38  L.R.A.  (N.S.)   706. 

Consult  also  L.R.A.  Digests  of  Cases. 


COVENANTS,  II.— cont'd 

Covenants  in  deed  of  land  held  adversely. 
35  L.R.A.(N.S.)  739. 

Provision  directing  particular  purposes  to 
which  property  granted  for  benefit  of 
religious  or  charitable  organization 
shall  be  devoted  as  creating  a  cove- 
nant.     7    L.R.A.  (N.S.)     1122. 

Do  eminent  domain  proceedings  secure  title 
"through  or  under"  the  former  owner 
within  meaning  of  covenant.  9  L.R.A. 
(N.S.)   1092. 

Liability  of  covenantor  in  conveyance  of 
real  property  for  expense^  of  successful 
defense.      39    L.R.A.(N.S.)    67. 

§   3.  Implied  covenants. 

In  lease,  see  Landlord  and  Tenant,  §  21. 

Effect  of  lines  or  other  indications  on  re- 
corded plat,  to  create  an  implied  cove- 
nant.    L.R.A.1917A,  458. 

Implied  building  restrictions  as  to  parcels 
retained ,  by  the  grantor.  45  L.R.A. 
(N.S.)  962. 

Recitals  in  a  deed  as  basis  of  implied  cove- 
nants of  title.    18  L.R.A.  343. 

Implied  covenant  of  title  on  sale  of  chat- 
tels, as  protection  against  outstanding 
encumbrances.      16  L.R.A. (N.S.)  ;410. 

Right  of  grantee  to  claim  implied  covenant, 
as  against  the  grantor,  by  a  call  in  the 
deed  for  a  street  or  alley  in  which  the 
graiitor  owns  the  fee.  14  L.R.A. (N.S.) 
878. 

Bounding  land  on  street  or  alley  as  ooye- 
'  nant  that  the  street  or  alley  exists, 
where  grantor  does  not  own  the  fee 
^hereof.     10  L.R.A.  (N.S.)    964.     . 

§   4.  —  not  to  sue. 

Effect  of  covenant  not  to  sue  one  joint  tort 
feasor  as  a  release  of  other.  24  L.R.A- 
(N.S-)   451- 

Release  of  one  joint  tort  feasor  as  cove- 
nant hot  to  sue  others,  58  L.R.A.  299. 

§   5.  Restricting  use  of  property. 

Enforcement,  breach  and  its  effect,  see  infra, 
§§  21-25. 

Validity  of  statute  providing  for  removal  of 
covenant  restrictions  on  use  of  land. 
L.R.A.]  918B,  61. 

Effect  of  language  in  deed  indicating  use 
or  purpose  for  which  land  is  conveyed. 
L.R.A.1918B,  696. 

Effect  of  lines  or  other  indications  on  re- 
corded plat  to  create  an  implied  cove- 
nant.    L.R.A.1917A,  458. 

Oral  or  implied  building  restrictions  as  to 
parcels  retained  by  the  grantor.  45 
L.R.A.(N.S.)  962. 

Condition  in  deed  that  land  is  to  be  usf>d 
for  a  specified  charitable,  public, 
or  quasi-public  purpose.  19  L.R.A. 
262. 

When  provision  in  conveyance  as  to  erection 
of  building  or  other  structure  regarded 
as  condition  subsequent.  3  L.R.A. (M. 
S.)    741;   23  L.R.A. (N.S.)    771. 


332 


INDEX  TO  L.R.A.  NOTES. 


COVENANTS,  II.— cont'd 

Provision  in  conveyance  directing  particular 
mode  to  wliich  property  granted  or  de- 
vised to  or  for  benefit  of  religious  or 
charitable  organization  sliall  be  devoted 
as  creating  a  condition.  7  L.R.A. 
(N.S.)    1121. 

§   6.  —  vulidity. 

y»lidity  of  restriction  in  a  deed  as  to  use 
of  'property  reserved  for  purpose  of  se- 
curing nionopolv  to  the  grantor.  14 
L.R.A.(N.S.)   909,  L.R.A.1915A,  679. 

Validity  and  enforceability  ot  covenant 
which  dfscriminates  against  persons  be- 
cause of  race,  color  or  religion.  L.R.A. 
1916B,  1208. 

8   7.  —  con.struction  and  effect. 

Iponstr^ction  and  effect  of  general  restrict- 
^.,^  ive  covenant  against  the  use  of  real 
property  for  purpose  offensive  or  detri- 
mental to  the  neighborhood.  9  L.R.A. 
(N.S.)  1039. 

Effect  of  recorded  agreement,  not  incorporat- 
ed in  a  conveyance,  restricting  use  of 
property,  upon  successor  in  title.  15 
L.R.A.(N.S.)    1129. 

Effect  of  unrecorded  agreement,  not  incor- 
porated in  a  conveyance,  restricting  use 
of  property,  upon  successor  to  title. 
49  L.R.A.  (N.S.)   357. 

Effect  of  ri'.'trictions  on  use  of  property  on 
marketability  of  title,  38  L.R.A. 
(X.S.)   34. 

§  7a.  Restricting  disposition  of  prop- 
erty. 

Validity  and  effect  of  provision  in  deed  that 
the  grantee  shall  not  sell  in  the  lifetime 
of  the  grantor.    L..II.A.1916D,  930. 

§   8.  or  seisin. 

Enforcement  and  breach,  see  infra,  §§  26, 
27. 

Parol  evidence  to  affect  scope  of.  L.R.A. 
1P16E,  221. 

Scope  and  effect  of  covenants  of  seisin  where 
the  granting  clause  merely  purports  to 
convey  tl»o  interest  of  the  grantor  in 
the  property.  32  L.R.A.(N.S.)  588; 
L.R.A.1916E,  905. 

8   9.  To  stand  .seised. 

When  may  instrument  otherwise  ineffective 
as  a  conveyance  of  real  property  be  up- 
held as  a  covenant  to  stand  seised  to 
uses.    38  L.R>A.{N.S.)  937. 


COVENANTS,  II.— cont'd 

§    11.  — wliut  is  an  encumbrance. 

What    deemed   an    encumbrance.      3   L.R.A. 

789,* 
Easement    as    an    encumbrance.      3    L.R.A. 

790.* 


§    12.  For  quiet  enjoyment. 

P^nforcement  and  breach,  see  infra, 
33. 


5§   31- 


S  '10.  .l^ainst  encumbrances. 

Performance  and  breach,  see  infra,  §§  28- 

Tn  lease,  see  Landlord  and  Tenant,  §  20. 

Parol  evidence  to  affect  scope  of.  L.R.A. 
1916E,  221. 

Will  covenant  of  general  warrantv  sustain 
action  hy  remote  grantee  evicted  under 
encumbrance,  where  deed  also  contains 
covenants  against  encumbrances  not 
running  with  the  land.  26  L.R.A. 
(N.S.)    1094. 

Ttcffln  irith  thitt  book-  on  every  laic  question. 


§    13.  Of  warranty. 

Enforcement  and  breach,  see  infra,   §§  31- 

33. 
Of  warrantv  on  sale  of  personalty,  see  Sale, 

§§  26-38,  53-59,  68. 

Parol  evidence  to  affect  scope  of.  L.R.A. 
191GE,  221. 

Recitals  in  deed  as  basis  of  implied  cove- 
nant of  title.     18  L.R.A.  343. 

Effect  of  warrantv  in  partition  deed.  57 
L.R.A.  333. 

Scope  and  effect  of  covenants  of  title  where 
the  granting  clause  merely  pur- 
ports to  convey  the  interest  of  the 
grantor  in  the  propertv.  32  L.P.A. 
(N.S.)    588;   L.R.A.1916E,  905, 

Will  covenant  of  general  warranty  sustain 
action  by  remote  grantee  evicted  under 
encumbrance  where  deed  also  contains 
covenants  against  encumbrance  not  run- 
ning with  the  land.  26  L.R.A. (N.S.) 
1094. 

Effect  of  warranty  clause  in  contract  on  fail- 
ure of  consideration  as  defense  to  ac- 
tion on  purchase  money  note.  39 
L.R.A.(N.S.)    946. 

Effect  of  covenant  of  warranty  in  deed  or 
absence  thereof  on  right  of  purchaser 
giving  purchase  money  mortgage  to  set 
up  outstanding  title  or  to  acquire  out- 
standing title  to  defeat  the  mortgage. 
L.R.A.19:8B,  741,  760. 

§    14.  Covenants  running  with  land. 

Necessity  of  use  of  word  "assigns"  in  order 
to  make  covenant  as  to  a  thing  not  in 
esse  run  with  the  land.  14  L.R.A. 
(N.S.)    185;   L.R.A.1917A,  127. 

Covenant  in  grant  of  water  power  as.  67 
L.R.A.  402. 

Covenant  of  lessor  to  pay  for  repairs  or  im- 
provements as  one  running  with  the 
land.      4    L.R.A. (N.S.)     466. 

Parol  agreement  as  to  fences  as  a  covenant 
running  with  the  land.  27  L.R.A.  (N. 
S.)    229. 

May  covenant  running  with  the  land  be 
created  by  acceptance  of  deed  poll  with 
stipulations  purporting  to  bind  grantee. 
6  L.R.A.(N.S.)   436. 

Does  action  for  damages  to  real  prop- 
erty run  with  land.  2  L.R.A. (N.S.) 
819. 

Danger  of  litigation  to  enforce  or  restrain 
violation  of  covenants  running  with  the 
land  as  affecting  niarketabilitv  of  title. 
38  L.R.A. (N.S.)    16, 

§    15.  —as  to  party  wall. 

To  contribute  to  cost  of  party  wall  as.  66 
L.R.A.  673. 


INDEX  TO  L.R.A.  NOTES. 


333 


COVENANTS— cont'd 

///.   Performance;      'breach;      enforce- 
ment; who  liable, 

a.  In  general, 

§    16.  Generally. 

Measure  of  damages  for  breach,  see  Dam- 
ages,  §§  32-34. 

Injunction  against  breach,  see  Injunction, 
§  9. 

Failure  of  covenantee  to  give  notice  of  pend- 
ency of  action  as  affecting  his  right  to 
rely  upon  an  adverse  judgment  to  show 
breach  of  covenant.    L.R.A. 1918B,  52. 

Jurisdiction  of  action  for  breach  of  covenant 
concerning  real  property  in  another 
state  or  county.     44  L.R.A.  (N.S.)   207. 

Enforcement  in  equity  of  agreement  relat- 
ing to,  but  not  running  witli,  the  land. 
3  L.R.A. (N.S.)    98. 

Consideration  in  deed  as  contractual  in  ac- 
tion for  breach  of  covenant.  68  L.R.A. 
931. 

Parol  evidence  as  to  consideration  of  a  deed 
in  action  for  breacli  of  covenant.  20 
L.RJV.  107. 

Riglit  to  set  off  damages  for  breach  of,  on 
mortgage  foreclosure.      21   L.R.A.  324. 

Breach  of  covenant  in  grant  of  water  power. 
.  67  L.R.A.  403. 

Vendee's  right  to  rescind  executory  con- 
tract for  purchase  of  land  because  of 
vendor's  breach  of  covenant  to  mai<e  im- 
provements. 21  L.R.A.  (N.S.)  823; 
L.R.A.1917B,  403. 

Remedy  on  covenants  in  deed  as  affecting 
right  of  grantee  in  possession  to  ques- 
tion right  of  grantor  to  collect  purchase 
money.     21    L.R.A.  (N.S.)    376. 

§    17.  What  constitutes  a  breach. 

Of   restrictive  covenant,   see   infra,   §   22. 
Of  covenant  of  seisin  and  right  to  convey, 

see  infra,  §  27. 
Of  covenant  against  encumbrances,  see  infra, 

§  29. 
Of  covenant  of  warranty  or  quiet  enjoyment, 

see  infra,  §  32. 

Eight  of  third  person  to  remove  fixtures  as 
breach  of  a  covenant  in  a  deed  of  real 
property.     35  L.R.A,   (N.S.)   976. 

Deficiency  in  quantity  of  property  described 
as  a  section  or  a  fraction  of  a  section 
as  breach  of  a  covenant.  36  L.R.A. 
(N.S.)    558. 

§   18.  Who  liable. 

Personal  liability  of  executor,  adminis- 
trator, or  trustee  on  covenant  in  deed 
executed  by  him.    43  L.R.A. (N.S.)   377. 

Liability  of  heirs  on  covenant  or  specialty 
debt  of  ancestor.    21  L.R.A.  90. 

Necessity  of  demand  or  request  of  covenan- 
tor to  defend  in  order  to  bind  him  by 
decree  against  grantee.  13  L.R.A. 
(N.S.)    732. 

Consult  also  T..R.A.  Digests  of  Cases. 


COVENANTS,  III.  a— cont'd 

Liability  under  covenants  in  deed  of  tax  of- 
ficers or  their  bond  for  failure  of  tax 
purchaser's  title  on  account  of  irregu- 
larities in  procedure.  41  L.R.A. (N.S.) 
696. 

§    19.  Who  may  enforce. 

Restrictive  covenants,  see  infra,  §  23. 
Covenant  of  warranty,  see  infra,  §  33. 

Right  of  party  to  antenuptial  settlement 
who  is  in  default  to  enforce  covenants 
to  be  performed  by  other  party.  26 
L.R.A.  (N.S.)   858. 

Who  is  real  party  in  interest  by  whom  ac- 
tion must  be  brought  on  covenant.  64 
L.R.A.  621. 

Right  of  remote  grantee  to  sue  for  breacli 
of  covenant  when  covenantor  had  nei- 
ther title  nor  possession.  14  L.R.A. 
(N.S.)    514;   L.R.A.1916D,  613. 

§   2  0.  Forfeiture  for  breach. 

Restrictive  covenants,  see  infra.  §  24. 
Forfeiture    for    breach   of   condition    subse- 
quent, see  Conditions,  §  7. 

Equitable    relief    against    forfeiture    of    es-- 
tate  for  breacli  of  collateral  covenants. 
69  L.R.A.  853. 

6.  Restrictive  covenants  and  conditions^ 

§   21.  Generally. 

Construction,  validity,  and  effect,  see  supra, 
§§  5-7. 

Breach  of  condition  in  deed  that  land  is  to 
be  used  for  a  specified  charitable,  public, 
or  quasi-public,  purpose.  19  L.R.A. 
267. 

Mistal<e  as  to  restrictive  covenant  as  ground 
of  relief  from  purchase  at  auction  sale. 
34  L.R.A.(N.S.)   930. 

Mistake  as  to  building  restrictions  as  af- 
fecting right  to  specific  pierformance>. 
15   L.R.A. (N.S.)    86. 

Effect  of  purchaser's  knowledge  of.  in  ac- 
tion for  breach  of  covenant  against,  ear 
cumbrances.      4    L.R.A. (N.S.)     319. 

§   22.  What  constitutes  a  breach. 

Assignment  for  creditors  as  violation  of 
covenant  against  assignment  or  sale,  see 
Assignment  for  Creditohs,  §  3. 

Garage  or  stable  as  within  restrictive  cove- 
nants in  conveyances  of  real  estate. 
34  L.R.A. (N.S.)    730. 

Hotel  or  lodging  house  as  violation  of  re>- 
strictive  covenant.  41  L.R.A.(N.S.> 
625. 

Community  residence  as  violation  of  re- 
strictive covenant.  41  L.R.A. 
(N.S.)    615. 

Temporary  railroad  as  violation  of  cove- 
nant against  offensive  trade  or  business. 
9   L.R.A.(N.S.)^  10.39. 

Billboard  as  violative  of  restrictive  cove-: 
nant  as  to  use  of  premises,  or  Struc- 
tures permissible  thereon.  2  B.  R.  C. 
434.  n 


334 


INDEX  TO  L.R.A.  NOTES. 


COVENANTS,  III.  b— cont'd 

Structure  designed  for  separate  accommoda- 
tion of  more  than  one  family-  as  viola- 
ting building  restriction  against  erec- 
tion of  more  than  one  liouse,  or  dwel- 
ling, or  some  similar  restriction.  1 
B.  R.  C.  993. 

Multiple  residence  structures  as  violation 
of  restrictive  covenants.  45  L.R.A. 
(N.S.)  726;  L.R.A.1918C,  873. 

Wliat  part  of  a  structure  must  be  beyond 
the  line  to  constitute  a  violation  of  a 
building  restriction.  62  L.R.A.  (N.S.) 
1044. 

§  23.  Who  may  enforce. 

Right  of  persons  not  parties  to  enforce  re- 
strictive covenant  or  agreement  as  to 
use  of  property.     37  L.R.A.(N.S.)    12; 
L.R.A.1917A,  328. 
Right  of  grantee  to  enforce  restrictive  cove- 
nants in  prior  conveyances  by  his 
frantor     of     other     parcels.       37 
.R.A.(N.S.)   624. 

§   2  4.  Forfeiture  for  breach. 

Jb'orfeiture  for  breach  of  condition  as  to 
manufacture  or  sale  of  liquors.  5 
L.RJL  423.* 

§  25.  Right  to  enforcement  as  affected 

by  change  In  neighborhood. 
Inapplicability    of    doctrine    in    law.      28 

L.R.A.(N.S.)    707. 
Change    due    to    act    or    default    of    com- 
plainant   or    his    predecessor.     28 
L.R.A.(N.S.)  707. 
Change   due   to   other   causes.     28   L.R.A. 
(N.S.)    715. 


c.  Covenants  of  seisin  and  of  right  to 
convey. 

§  26.  Generally. 

Construction,  validity,  and  effect,  see  supra, 
§  8. 

Right  of  grantee  in  possession  to  question 
grantor's  right  to  collect  purchase  mon- 
ey in  case  of  covenant  of  seisin.  21 
L.R.A.(N.S.)  391. 

Accrual  of  cause  of  action  for  breach  of 
covenant  of  seisin  so  as  to  set  in  motion 
statute  of  limitations.  17  L.R.A.(N.S.) 
1189. 

Necessity  of  eviction  to  maintenance  of  ac- 
tion for  breach  of  covenant  of  seisin. 
17  L.RA.(N.S.)    1178. 

§   27.  What  constitutes  a   breach.  ■. 
Existence  of  water   right  on   land  at  time 

of   conveyance    as    breach.      36    L.R.A. 

(N.S.)   314;  51  L.R.A. (N.S.)  428. 
Existence  of  public  highway  across  land  at 

time  of  convevance  as  breach.    30  L.R  A. 

(N.S.)  834;  ■46L.R.A.(N.S.)  619. 
Existence  of  private   riglits  of  way   across 

land  at  time  of  convevance  as  breacli. 

80  L.R.A.(N.S.)   840;  48  L.R.A.(N.S.) 

619. 


COVENANTS,  III.  c— cont'd 

Existence  of  railroad  rights  of  way  across 

land  at  time  of  conveyance  as  breach. 

30  L.R.A.(N.S.)   843;  48  L.R.A.(N.S.) 

619. 


d.  Covenants  against  encumbrances. 

§   28.  Generally. 

Construction,  validity,  and  effect,  see  supra, 
§  10. 

Measure  of  damages  for  breach  of  cove- 
nant, see  Damages,  §  34. 

Damages  for  breach  of  warranty  by  exist- 
ence of  unexpired  lease.  35  L.R.A. 
(N.S.)  779. 

§   29.  What  constitutes  a  breach. 

Existence  of  public  highway  across  land  at 

time  of  conveyance  as.    30  L.R.A. (N.S.) 

835;  48  L.R.A.(N.S.)  619. 
Existence  of  private  rights  of  way  across 

land    at    time    of    conveyance    as.      30 

L.R.A.(N.S.)      841;     48     L.R.A.(N.S.) 

619. 
Existence  of  railroad  rights  of  way  across 

land    at    time    of    conveyance    as.      30 

L.R.A.(N.S.)      844;     48     L.R.  A.  (N.S.) 

619. 
Pending      condemnation      proceedings      as 

breach.    36  L.R.A.(N.S.)   1067. 
Existence  of  water  riglit  on  land  at  time  of 

conveya;nce  as.     36   L.R.A.  (N.S.)    314; 

51  L.R.A.(N.S.)    428. 

§  30.  Effect  of  Icnowledge  of  encum- 
brance. 

The  general  rule.  4  L.R.A.(N.S.)  310;  32 
L.R.A.(N.S.)    737, 

Encumbrances  affecting  the  title  to  land. 
4  L.R.A.(N.S.)  312;  32  L.R.A. 
(N.S.)   738. 

Encumbrances  affecting  the  physical  con- 
dition of  land.  4  L.R.A.(N.S.) 
314;  32  L.R.A.(N.S.)   738. 

e.  Covenants  of  waii'anty  and  for  quiet 
enjoyment. 

§31.  Generally. 

Constructions,  validity,  and  effect,  see  supra, 

§§  12,  13. 
Measure  of  damages  for  breach  of  covenant, 

see  Damages,  §  33. 

Contingency  of  claim  for  breacli  of  cove- 
nant of  warranty  as  affecting  its  pre- 
sentation to  decedent's  estate.  58 
L.R.A.  88. 

Necessity  of  eviction  to  maintenance  of  ac- 
tion for  breach  of  covenant  of  war- 
ranty of  title.     17  L.R.A.(N.S.)    1178. 

Accrual  of  cause  of  action  for  breach  of 
covenant  of  warranty  so  as  to  set  in 
motion  the  statute  of  limitations.  17 
L.R.A.(N.S.)   1189. 

Liability  of  landlord  under  implied  cove- 
nant for  quiet  enjoyment  for  damages 
to  tenants  in  consequence  of  acts  of 
third  persons  affecting  the  leased  prem- 


ises.   42  L  R  A  f  N  S  )  771 
Begin  uHth  this  hook  on  every  laic  question. 


INDEX  TO  L.R.A.  NOTES. 


335 


«COVENANTS,  III.  e— cont'd 
§   32.  What  constitutes  a   breach. 

Existence  of  public  highway  across  land  at 

time  of  conveyance  as.    30  L.R.A.  (N.S.) 

838;  48  L.R.A. (N.S.)  619. 
Existence  of  railroad  rights  of  way  across 

land    at    time    of    conveyance    as.     30 

L.R.A.(N.S.)      845;     48     L.R.A.  (N.S.) 

619. 
Existence   of   private  rights  of  way  across 

land    at    time    of    conveyance    as.      30 

L.R.A.(N.S.)      842;     48     L.R.A.(N.S.) 

619. 
Existence  of  water  right  on  land  at  time  of 

conveyance  as.     36  L.R.A. (N.S.)    317; 

51  L.R.A.(N.S.)   428. 
Breach  of  covenant  of  quiet  enjoyment  in 

lease   by   acts   upon   adjacent   property 

subsequently  acquired  by  lessor  or  his 

grantee.     66  B.  R.  C.  177. 

§   33.  Who  may  enforce. 

Will  a  covenant  of  general  warranty  sus- 
tain an  action  by  remote  grantee  evict- 
ed under  an  encumbrance,  where  the 
deed  also  contains  covenants  against 
encumbrances  not  running  with  the 
land.     26  L.R.A.(N.S.)  1094. 


COVERTURE. 

"See  Husband  and  Wife. 

♦-•-♦ 


CRAFTSMEN. 

^As  independent  contractors.    65  L.R.A.  467. 

^—^ 

CREDIBILITY. 

Of  witness,  see  Witnesses,  §  47. 


CREDIT. 

To  bring  debt  within  jurisdiction  of  court, 

see  Courts,  §  29. 
Fraud  in  obtaining,  see  Fraud  and  Deceit, 

§  11. 
Guaranty  of,  see  Guaranty. 
Constitution  provision    as    to    lending,  see 

Public  MoNinr,  §  4. 
Taxation   of   credits  generally,   see   Taxes, 

§  18. 

Continuing  representation  of  financial  stand- 
ing as  basis  of.     10  L.R.A. (N.S.)   245. 

Contract  for  giving,  on  mortgage  foreclo- 
sure.    21   L.R.A,   326. 

Validity  as  against  vendor's  creditors  of 
sales  on  credit.     32  L.R.A.  59. 

To  bring  debt  within  jurisdiction  of  court, 
28  L.R.A.  221. 

Effect  of  corporate  dissolution  on.  69 
L.R.A.  141. 

Lack  of  maritime  lien  for  supplies  sold  on 
personal  credit  in  foreign  port.  70 
L.R.A,  405. 

Action  for  purchase  price  before  expiration 
of.     .3  L.R.A. (N.S.)    908. 

Consult  also  L.R.A.  Digests  of  Cases. 


CREDIT— cont'd 

Law  governing  right  of  action  for  purchase 
price  before  expiration  of  credit,  64 
L.R.A,  828. 

Applicability  of  statute  requiring  that  rep- 
resentations as  to  another's  credit  must 
be  in  writing  in  order  to  sustain  an  ac- 
tion.     13    L.R.A.(N.S.)    212. 

Admissibility  of  parol  evidence  as  to  manner 
or  means  of  paying  written  contract  not 
within  statute  of  frauds  purporting  to 
be  payable  in  money  so  as  to  show 
credits.     31   L.R.A. (N.S.)    238. 

Implied  power  of  municipality  to  construct 
improvements  on,     4  L.R.A. (N.S.)   746, 

Effect  of  transfer  without  indorsement  of 
worthless  debit  and  credit  entries.  10 
L.R,A,(N.S.)    537. 

Increasing  price  upon  sale  on  credit  as 
usury.     28  L.R.A. (N.S.)    102. 

Omission  of  credits  as  affecting  mechanics' 
lien.     29  L.R.A. (N.S.)   310. 

Extension  of  credit  on  faith  of  apparent 
ownership  of  real  property  by  person 
in  whose  name  the  title  stands  as  es- 
toppel of  real  owner  to  assert  title  as 
against  creditors.  30  L.R,A,  (N.S.)  11; 
46L.R.A.(N.S.)  1097. 

Contract  to  secure  against  loss  by  giving 
credit  as  contract  of  -insurance.  47 
L.R.A, (N.S.)   293. 

Recommendation  of  another  as  proper  sub- 
ject for  credit  as  ground  of  liability. 
L.R.A.1915A,  100. 

Lia;bility  of  one  who  sells  business  for  sup- 
plies subsequently  furnished  therefor  on 
credit  while  it  is  being  conducted  under 
the  same  name.     L.R.A.1915F,  711. 

Discrimination  in  taxation  between  credits 
secured  by  lien  and  those  not  so  secured. 
L.R,A.1915A,  185. 


CREDITORS. 


See  Debtor  and  Creditor. 


CREDITORS'  BILIi. 

§   1.  Generally. 

As  to  fraudulent  conveyances,  generally, 
see  Fraudulent  Conveyances. 

Conclusiveness  of  judgment  on  which  ac- 
tion is  based,  see  Judgment,   §  38, 

May  original  petition  or  complaint  which 
states  no  cause  of  action  be  aided  by 
supplemental  pleading,  L.R.A.1916D, 
676. 

To  subject  choses  in  action  to  judgment 
after  return  of  no  property  found.  63 
L.R,A.   673,   15  L.R.A. (N.S,)    976. 

Plaintiff's  control  over  suit  brought  for  all 
similarly  situated.     46  L.R.A,  839. 

Effect  of  bankruptcy  on.     45  L.R.A.  193. 

Allowance  of  attorney's  fees,    54  L.R.A.  817, 

Effect  of  discharge  in  bankruptcy  on  lien  ac- 
quired by  filing  creditor's  bill,  42 
L.R.A,(N.S,)    295, 


336 


INDEX  TO  L.K.A.  NOTES. 


CREDITORS'  BILL— cont'd 

Effect  of  right  to  attacli  property  fraudu- 
lently conyeved,  on  running  of  limita- 
tions as  against  right  to  file.  2  L.R.A. 
(N.S.)   988. 

Jurisdiction  of  equity  over  suit  to  set  aside 
fraudulent  conveyance  of  property  in 
another  state  or  country.  69  L.R.A. 
688;  23  L.R.A. (N.S.)  924;  27  L.R.A. 
(N.S.)    420. 

Removal  of,  because  of  sopafable  controver- 
sy.    5  L.R.A.(N.S.)   89. 

§   2.  Conditions  precedent. 

Conditions  precedent  to  equitable  remedies 

of  creditors.     23   L.R.A. (N.S.)    1. 

Release  of   indorser  of  note  by   failure   to 

exhaust    security    against    maker.      18 

L.RJ^.(N.S.)  55L 

§  8.  What  property  may  be  reached. 

What  contingent  interests  may  be  reached 
by  creditors'  bill.  27  L.R.A.(N.S.) 
454. 

For  unpaid  subscriptions  to  stock  of  foreign 
corporation.     34  L.R.A.  743. 

Liabilitv  of  alimony  for  debts.  32  L.R.A. 
(N'S.)  270. 

Right  to  subject  endowment  or  tontine  poli- 
cies to  claims  of  creditors.  4  L.R.A. 
(N.S.)  456. 

To  reach  insurance  policy  or  its  cash  sur- 
render value.     16  L.R.A.(N.S.)    319. 

Right  to  subject  debtor's  interest  under  a 
contract  for  his  support  to  tlie  claims 
of    creditors.      42    L.R.A.(N.S.)     1213. 

May  provision  in  will  for  support  of  person 
which  is  made  a  lien  or  charge  upon 
property  devised  or  bequeathed  to 
others  be  reached  by  his  creditors.  23 
L.R.A.(N.S.)    526. 

Exemption  of  oflScer's  salary  from.  64 
L.R.A.  666. 

§   4.  Priority  as  to  proceeds  of. 

Generally.     17  L.R.A.  345. 

Effect   of   judgments   as   liens.      17    L.R.A. 

345. 
Bill  for  all  similarly  situated.     17  L.R.A. 

348. 
Creditors  at  large.     17  L.R.A.  348. 


CREMATION. 


Regulation  concerning  cremation  of  "human 
bodies.     52  L.R.A. (N.S.)    408. 


CREW. 

Of  ship  as  fellow  servants.     50  L.R.A.  438.    VI. 

Whose  servants  are  the  crew  of  a  chartered 
vessel.     37  L.R.A.  54. 

Duty  and  obligation  of  vessel  on  inland  lake 

or  river  in  respect  of  sick   or   injured    VII 
member    of.      35    L.R.A. (N.S.)     191). 

Begin  uith  this  book  on  every  law  question 


CRIME  AGAINST  NATURE. 

See  Sodomy. 

^ »» 


CRIMES. 

In  general,  see  Criminal  L.\w. 
Jurisdiction  over,  see  Coukts,  §§  9,  25,  44. 
Various    particular    crimes,    see    Ckiminal 

Law,  §  4. 
Charge  of,  as  libel  or  slander,  see  Libel  and 

Slande:k,  §  11. 
Effect   of,    on    competency    of    witness,    see 

Witnesses,  §§  10,  11. 


CRIMINAL  CONSPIRACY. 

See  Conspiracy. 

«-•-♦ 

CRIMINAL  CONTEMPT. 

See  Contempt. 


CRIMINAL  CONVERSATION. 

See  Husband  and  Wife,  §  68. 


CRIMINAL  INTENT. 

As  element  of  crime,   see  Criiiixal  Law, 
§  6. 


CRIMINAL  LAW. 


J. 


IV. 


In  general,   §§    1-3. 
Various  particular  crimes,  §  4. 
Criminal     liabilitif;    excuses;     de- 
fenses, §§5-30. 

a.  In  general,  §§  5-23. 

h.  Parties  to  offenses,  §§  24-29. 

c.  Criminal  negligence,  §  30. 
Procedure,  §§  31-08. 

a.   In  general,  §§  31-42. 

h.   Protection    and   rights   of   ac- 
crtsed  generally,  §§  43-54. 

c.  Arraignment;    lilea;    motions, 

§§  55-58. 

d.  Former  jeopardy,  §§  59-04. 

e.  Proof  of  corpus  delicti,  §§  05- 

08. 
Offenses     against      different     sov- 
ereignties, §§  09,  70. 
Sentence  and  imprisonment,  §§  71- 

89. 

a.  In  general,  §§  71-84. 

b.  Parole;  pardon,  §§  85-89. 
Record;   validity   of   rnnviction,    § 

90. 


INDEX  TO  L.R.A.  NOTES. 


337 


CRIMINAL  LAW— cont'd 

I.  In   general. 

§    1.  Generally. 

As  to  arrest,  see  Arrest. 

As  to  bail,  see  Bail  and  Recognizance. 

Conflict  of  laws  as  to  crimes,  see  Conflict 

OF  Laws,  §  24. 
Constitutionality    of   criminal   statutes,    see 

Constitutional  Law,  g§  193,  104. 
Demand  in  criminal  matters,  see  Demand, 

§  6. 
Extradition  of  fugitives,  see  Extradition. 
As  to  forfeiture  of  property  by  conviction, 

see    FORBEITURE. 

As  to  habeas  corpus,  see  Habeas  Corpus. 

Injunction  against  crimes  or  criminal  pros- 
ecution, see  Injunction,  §§  18,  40. 

Juvenile  courts,  see  Juvenile  Courts. 

Libel  or  slander  in  charging  crime,  see 
Libel  and  Slander,  §11. 

Privilege  in  respect  to  criminal  charge,  see 
^jIbel  and  Slander,  §§  22-30. 

Reward  for  arrest  of  criminals,  see  Re- 
wards. 

As  to  search,  see  Search  and  Seizure. 

Adoption  of  common  law  in  United  States 
in  criminal  matters.    22  L.R.A.  507. 

Right  to  take  or  retain  in  rogues'  gallery 
picture  of  one  accused  of  crime  before 
conviction.  7  L.R.A.  (X.S.)  274;  23 
L.R.A.  (N.S.)   739;   L.R.A.1916A,  743. 

Crime  disqualifying  grand  juror.  28 
L.R.A.  203. 

Denial  of  custody  of  child  to  parent  who 
is  a  criminal.     41  L.R.A.  (N.S.)    592. 

Validity  of  contract  for  detection  of  crime. 
30  L.R.A. (N.S.)  278;  42  L.R.A. (N.S.) 
847. 

Conflict  of  laws  as  to  criminal  prosecution 
as  condition  of  maintaining  action  for 
death.     56  L.R.A.   222. 

Grantee's  oral  promise  to  grantor  to  hold 
in  trust  for  purpose  of  avoiding  crim- 
inal prosecution,  as  giving  rise  to  con- 
structive trust.     39  L.R.A. (N.S.)    916. 

Liability  of  bondsmen  of  peace  officer  for 
acts  of  latter  as  to  property  taken 
from    prisoner.      37    L.R.A. (N.S.)    873. 

Eight  of  counsel  assigned  to  defend  in- 
digent person,  to  compensation  from 
public.  36  L.R.A. (N.S.)   377. 

Right  of  officer  in  executing  criminal  proc- 
ess to  take  possession  of  evidentiary 
articles.  18  L,R.A.(N.S.)  253;  L.R.A. 
1916C,  1017. 

Liability  of  officer  who  uses  criminal  proc- 
ess to  collect  a  debt.  24  L.R.A.  (N.S.) 
301. 

Liability  of  officer  who  turns  over  articles 
taken  from  prisoner  to  a  third  person 
in  recognition  of  the  latter's  adverse 
claim.     19  L.R.A, (N.S.)    833. 

Removal  of  officer  for  failure  to  enforce 
criminal  or  penal  law.  50  L.R.A. 
(N.S.)  841;  L.R.A.1918F,  1049. 

Right  to  put  upon  trial  one  undergoing  im- 
prisonment for  another  offense. 
41   L.R.A.  (N.S.)    1095. 


Consult  also  L.R.A.  Digests  of  Cases.    22 


CRIMINAL  LAW,  I.— cont'd 
§   2.  Effect  of  repeal  of  .statute  or  ordi- 
nance. 

Effect  of  repeal  for  repugnancy  of  criminal 
statute  on  prior  offense.  9  L.R.A. 
(N.S.)    165. 

Effect  of  repeal,  withoiit  saving  clause,  of 
penal  statute  or  ordinance  upon  prior 
conviction  under  it.  23  L.R.A. (N.S.) 
243. 

§  3.  Prohibition  against  criminal  pros- 
ecution. 

Injunction  against  crimes  or  criminal  pros- 
ecutions, see  Injunction,  §§  18,  46. 

Prohibition  to  prevent  numerous  unfounded 
prosecutions  for  alleged  violation  of 
statute  or  ordinance.     37  L.R.A. (N.S.) 

448. 

II.  Various  particular  crimes. 

§   4.  Generally. 

Various  particular  crimes,  see  Abduction; 
Abortion;  Adultery;  Arson;  As- 
sault AND  Battery;  Banks,  §  5; 
Bastardy;  Betting;  Bigamy;  Blas- 
phemy; Breach  of  the  Pbiace;  Brib- 
ery; Burglary;  Carrying  Weapons; 
Compounding  Felony;  Conspiracy; 
Counterfeiting;  Defilement;  Dis- 
orderly Housb:s;  Disturbing  Meet- 
ing; Drugs  and  Druggists,  §  5; 
Dueling;  Elections,  §  24;  Embezzle- 
ment; Enticing;  Extortion;  False 
Pretenses;  Forgery;  Fornication; 
Gambling;  Homicide;  Husband  and 
Wife,  §  71;  Illicit  Cohabitation; 
Incest;  Infants,  §  13;  Intoxicating 
Liquors;  Kidnapping;  Larceny;  Libel 
and  Slander,  §  45;  Lottery,  §  3; 
Mayhem;  Monopoly  and  Combina- 
tions; Nuisance,  §§  30,  31;  Obscen- 
ity; Obstructing  Justice;  Perjury; 
postoffice,  §§  9-12;  profanity; 
Prostitution;  Railroads,  §  87;  Rape; 
Receiving  Stolen  Property;  Rob- 
bery; Sbduction,  §§  6,  7;-  Smuggling; 
Sodomy;  Suicide;  Sunday;  Trespass, 
II.;  Warehousemen;  Wounding. 

Criminal  responsibility  of  a  municipal 
corporation,  see  Municipal  Corpora- 
tions, §  101a. 

Decisions  under  the  Espionage  Act  of  June 
15,   1917.     L.R.A.1918F,   410. 

What  constitutes  violation  of  criminal  stat- 
utes against  issuing  checks  or  drafts 
without  funds.     L.R.A.1918F,  982. 

Criminal  liability  for  injuries  to  dogs.  15 
L.R.A.  252;  40  L.R.A.  511. 

Criminal  responsibility  of  parent  for  fail- 
ure to  support  child  where  support  is 
furnished  by  others.  32  L.R.A. (N.S.) 
841. 

Criminal  responsibility  for  failure  to  pro- 
vide child  with  medical  attendance 
and  remedies.     1  B.  R.  C.  747. 

Contracts  providing  devices  to  affect  rates 
of  carrier  as  basis  for  criminal  prose- 
cution.    38  L.R.A.(N.S.)    361. 


338 


INDEX  TO  L.R.A.  NOTES. 


CRIMINAL  LAW,  II.— cont'd 

Criminal  liability  on  contracts  fixing  rates 
other  than  those  established  by  inter- 
state commerce  act.  38  L.R.A.(N.S.) 
31)3. 

CToDBtitutionality  of  statute  making  the  re- 
ceiving of  certain  kinds  of  property  a 
criminal    ollense.      L.K.A.1917F,    709. 

Statute  or  ordinance  making  it  an  offense 
to  associate  with  disreputable  persons. 
L.R.A.1917F,  904. 

Constitutionality  of  statute  making  viola- 
tion of  transfer  rules  established  by 
carrier  criminal.    30  L.R.A.(N.S.)  499. 

Evidence  admissible  in  prosecution  of  car- 
rier for  transporting  intoxicating  li- 
quors.    46  L.R.A.  420. 

Criminal  liability  for  disinterment  of  dead 
bodies.    42  L.R.A.  733. 

Remedy  by  indictment  against  one  dam- 
ming back  water  of  stream.  59  L.R.A. 
886. 

Criminal  responsibility  for  maintenance  of 
dam  in  non-navigable  stream  which 
creates  nuisance  injurious  to  public 
health.     22  L.R.A.(N.S.)    1259. 

Criminal  liability  for  giving  or  procuring 
a  false  character  of  servant.  4  L.R.A. 
(N.S.)    1126. 

Criminal  liability  for  violation  of  statute 
limiting  hours  of  labor.  65  L.R.A.  50; 
51  L.R.A.(N.S.)  361. 

Validity  of  statute  making  it  criminal  to 
have  possession  of  property  which  is 
capable  of  criminal  use.     20  L.R.A.  52. 

Improper  burial  or  lack  of  proper  funeral 
services  as  a  criminal  offense.  42 
L.R.A.(N.S.)    211. 

Failure  to  pay  alimony  or  allowance  for 
support  as  criminal  offense.  42  L.R.A. 
(N.S.)    1065'. 

Prosecution  for  violation  of  statute  for 
protection  of  union  labels.  39  L.R.A. 
(N.S.)    1202. 

Power  of  legislature  to  make  failure  to 
comply  with  rule  of  health  board  crim- 
inal.    6  L.R.A. (N.S.)    143. 

Resisting  service  of  civil  process,  fair  on 
its  face,  but  invalid  in  fact,  as  an  of- 
fense.    21  L.R.A.(N.S.)    66. 

Power  to  make  taking  of  usury  a  criminal 
offense.     3  L.R.A. (N.S.)    530. 

Criminal  responsibility  for  violation  of 
statute  after  a  judicial  ruling  that  it 
was  unconstitutional  and  before  that 
ruling  had  been  changed.  33  L.R.A. 
(N.S.)    788. 

Criminal  liability  for  "shadowing"  person. 
43  L.R.A. (N.S.)  520. 

Violation  of  municipal  ordinance  as  a  pub- 
lic offense.    48  L.R.A.(N.S.)  156. 

Statutes  prohibiting  interference  with  tele- 
phone lines.     50  L.R.A. (N.S.)   1216. 

Criminal  responsibility  for  blocking  street 
or  highway  railroad  crossing.  L.R.A. 
1915B.  329. 

Indictment  of  woman  transported  in  viola- 
tion of  white  slave  traffic  act  for  con- 
spiracy to  violate  the  lawa  of  the  United 
States.     L.R.A.1915D,  281. 

Begin  with  this  book  on  every  law  question 


CRIMINAL  LAW— cont'd 

///.  Criminal   liability;   excuses;   de- 
fenses. 

a.  In  general. 

§   5.  Generally. 

Defense  in  prosecution  for  adultery,  see 
Adultery,  §  3. 

In  prosecution  for  assault  and  battery,  see 
Assault  and  Battery,  §§  3-6. 

Defense  to  prosecution  for  bribery,  see 
Bribery,  §  5. 

Defense  to  prosecution  for  burglary,  see 
Burglary,  §  4. 

Defenses  to  contempt  proceedings,  see  Con- 
tempt, §  3. 

Defense  to  prosecutions  for  homicide,  see 
Homicide,  §§  19-30. 

Defenses  in  prosecution  for  larceny,  see 
Larceny,  §  8. 

Defense  to  prosecution  for  libel  or  slander, 
see  Libel  and  Slander,  §§  37-39v 

Defenses  in  prosecution  for  perjury,  see 
Perjury,  §  7. 

Defense  to  prosecution  for  rape,  see  Rape, 
§1. 

As  to  self  defense,  see  Assault  and  Bat- 
tery, §  4a;  Homicide,  §§  27-30. 

Criminal  responsibility  of  corporations,  see 
.  Corporations,  §  39. 

Criminal  liability  of  railroad  company,  see 
Railroads,  §  47. 

Criminal  liability  for  obstructing  railroad 
track,  see  Railroads,  §  87. 

Fraud  as  element  of  crime,  see  Fraud  and 
Deceit,  §  3. 

Negation  of  defense  in  indictment,  see  In- 
dictment, Information  and  Com- 
plaint, §  8. 

Criminal  liability  for  nuisance,  see  Nui- 
sances, §  30. 

Criminal  liability  for  failure  to  provide 
physician,  see  Physicians  and  Sur- 
geons, §  3. 

Effect  of  repeal  of  statute  on  liability,  see 
Statutes,  §  35. 

Liability  to  indictment  of  one  imprcTperly 
issuing  marriage  license  or  performing 
marriage  ceremony.  L.R.A.1917E,  873, 
875. 

What  constitutes  defense  to  admission  of 
minors  to  saloons.  22  L.R.A. (N.S.) 
1010. 

Offer  of  marriage  as  defense  to  prosecution 
for  seduction.     29  L.R.A.(N.S.)   421. 

Abduction  or  wrongful  bringing  of  crim- 
inals into  jurisdiction  as  defense.  15 
L.R.A.  177. 

Order  or  decree  of  court  requiring  the  do- 
ing or  omission  of  an  act  as  a  defense 
to  a  criminal  prosecution.  L.R.A. 
1916B,  767. 

Criminal  liability  of  soldiers  and  militia- 
men.   L.R.A.1915A,  1173. 

Criminal  responsibility  of  municipality  for 
maintaining  or  permitting  a  nuisance. 
39  L.R.A. (N.S.)    411. 

Evidence  of  other  crimes  to  rebut  special 
defenses.    62  L.R.A.  299. 


IN4DEX  TO  L.R.A.  xNOTES. 


CRIMINAL  LAW,  III.  a— cont'd 

Criminal  responsibility  for  violating  a  stat- 
ute after  a  judicial  ruling  that  it  was 
unconstitutional  and  before  that  rul- 
ing has  been  changed.  33  L.R.A. 
(N.S.)   788. 

§    6.  Ci'intinul  intent. 

Effect  of  ignorance,  mistake,  or  belief,  see 
infra,  §§  13,  14. 

Of  prosecutor,  see  infra,  §  21. 

Intent  as  element  of  homicide,  see  Homi- 
cide, §  5. 

In  violation  of  fish  laws.     39  L.R.A.  591. 

Intent  as  ingredient  of  offense  by  ware- 
houseman selling  goods  for  which  he 
has  issued  receipt.  27  L.R.A. (N.S.) 
160. 

Criminal  intent  as  essential  to  larceny  of 
property  found.     37  L.R.A.  122. 

Intent  as  element  of  offense  in  case  of  sales 
of  alcoholic  liquor  not  ostensibly  in- 
tended for  beverage.    L.R.A.1917F,  245. 

Prohibiting  the  keeping  of  intoxicating,  li- 
quor irrespective  of  any  intention  to 
sell  it  in  violation  of  law.  26  L.R.x\. 
(N.S.)  394;  L.R.A.1915D,  172;  L.R.A. 
1917D,  938. 

Criminal  intent  as  affecting  criminal  re- 
sponsibility of  corporations.  2  B.  R. 
C.  238. 

Necessity  of  instruction  as  to  law  of  cir- 
cumstantial evidence  as  to  intent  of 
accused.     69  L.R.A.  215. 

Effect  of  intent  of  parties  on  criminal  lia- 
bility on  contracts  fixing  rates  other 
than  those  established  in  accordance 
with  interstate  commerce  act.  38 
L.R.A.(N.S.)    364. 

Intent  to  return  property  as  affecting 
charge  of  embezzlement  or  larceny.  52 
L.R.A.  (N.S.)    1013. 

Knowledge  or  intent  as  element  of  the  of- 
fense of  using  or  giving  false  weight  or 
measure.     L.R.A.1917D,  1129. 

Necessity  of  intent  to  defraud  a  particular 
person  to  constitute  crime  of  false  pre- 
tenses.    L.R.A. 1916D,  271. 

Effect  of  intent  on  misbranding  prohibited 
by  pure  food  and  drugs  law.  L.R.A. 
1916D,  170. 

Good  motive  as  affecting  criminal  charge 
involving  obscene,  indecent,  or  pro- 
fane language  or  literature.  L.R.A. 
1916B,  1121. 

§    7.  Criminal  liability  of  children. 

For  assault  and  battery,  see  Assault  and 
Batteky,  §  7. 

Youth  as  defense  to  homicide,  see  Homi- 
cide, §  20. 

Juvenile  courts,   see  Juvenile   Offenders. 

Liability  for  rape,  see  Rape,  §  2. 

The  period  of  indiscretion — innocence  legal- 
ly presumed.     36  L.R.A.  196. 

Tlie  dubious  age  of  discretion — innocence 
presumed  prima  facie,  guilt  may 
be  proved.     36  L.R.A.  197. 

The  age  of  presumed  discretion.  36  L.R.A. 
207. 

Constilt  also  L.R.A.  Digests  of  Cases. 


CRIMINAL  LAW,  III.  a— cont'd 

Confession  of  infants.     36  L.R.A,  208. 

Command  of  parent  no  excuse  for  infant's 
criminal  act  done  thereunder.  36 
L.R.A,  210, 

Punishment  of  infants.     36  L.R,A.  210. 

Does  statute  fixing  age  of  consent  render  a 
girl  below  that  age  incapable  of  sexual 
crime,     27  L.R.A. (N.S.)    872, 

Criminal  liability  of  infant  as  accessory  to 
theft,     36  L.R.A.  212, 

Criminal  responsibility  of  minor  for  fail- 
ure to  support  wife.    L.R,A.1916E,  762. 

§  8.  Mental  condition  as  affecting 
criminal  responsibility. 

Insanity  after  commission  of  criminal  act, 
see  infra,  §  42. 

Sentence  and  imprisonment  of  insane  per- 
son, see  infra,  §  72, 

Presumption  and  burden  of  proof  as  to 
sanity,  see  Evidence,  §§  38-40. 

Expert  and  nonexpert  evidence  as  to  sanity, 
see  Evidence,  §§  489-193, 

Sufficiency  of  evidence  as  to  sanity,  see 
Evidence,  §  316, 

As  defense  to  homicide,  see  Homicide,  §  5, 

Criminal  responsibility  for  act  committed 
under  influence  of  insane  delusion  as  to 
facts  as  affected  by  question  whether 
such  facts  would,  if  actually  existing, 
excuse  the  act,     L.R.A.1917F,  650, 

Knowledge  that  one's  act  is  contrary  to  law 
as  affecting  defense  of  insanity.  L.R.A. 
1916D,  527, 

Weakness  of  mind  as  affecting  responsibil- 
ity for  criminal  act,  10  L,R,A,  (N,S,) 
999, 

Impairment  of  memory  as  defense  to  prose- 
cution for  perjury.  21  L,R,A,  (N,S.) 
993, 

Effect  of  insanity  on  question  of  heat  of 
passion  to  mitigate  homicide,  5  L,R,A. 
(N.S.)    825, 

Insanity  induced  by  intoxication  as  excuse 
for  crime,     36  L.R.A,  479. 

Responsibility  for  crime  committed  in  fit 
of  anger.     10  L,R,A,(N,S,)    1032, 

What  are  insane  delusions,     37  L.R.A.  261. 

Morphinism  as  affecting  responsibility,  39 
L,R.A.  262. 

Effect  of  hypnotism  in  criminal  cases,  40 
L.R.A,  269. 

Kleptomania,  as  a  defense  to  burglary  or 
larceny,  43  L.R.A. (N.S.)   150. 

Right  of  prosecution  to  show  feigned  in- 
sanity.    31  L.R.A.  (N.S.)    113, 

Measure  of  proof  of  insanity  in  criminal 
case,     39  L.R.A.  737, 

Proof  of  other  crimes  to  rebut  defense  of 
insanity,     62  L.R.A.  300. 

Necessity  for  instruction  as  to  law  on  cir- 
cumstantial evidence  on  plea  of  insan- 
ity.    69  L.R.A.  208. 

Insanity  of  accused  at  the  time  of  the  of- 
fense raised  for  the  first  time  on  mo- 
tion for  new  trial.     L.R.A.1918B,  1146. 

Habeas  corpus  to  secure  release  of  one  con- 
victed while  insane.     L.R.A.]  91 8B,  81, 


340 


INDEX  IX)  L.E.A.  NOTES. 


CRIMINAL  LAW,  III.  a— cont'd 
I  9.  Irresistible  Impulse  as  excuse  for 
crime. 

Anger  as  defense,  see  infra,  §11. 

As  defense  to  homicide,  see  Homicide,  §  21. 

Generally.  18  L.R.A.  224:  27  L.R.A.(N.S.) 
461;    L.R.A.1918D,    794. 

Effect  of  disease  to  create  irresistible  im- 
pulse.    18  L.R.A.  228. 

Impulse  obliterating  sense  of  right  and 
wrong.     18  L.R.A.  229. 

Kleptomania.  18  L.R.A.  229;  43  L.R.A. 
(N.S.)   150. 

g  10.  What  Intoxication  will  excuse 
crime. 

Intoxication  as  defense  to  homicide,  see 
Homicide,  §  22. 

llie  general  rule.    36  L.R.A.  466. 

When     intoxication    may    be    shown.      36 

L.R.A.  467. 
Insanity     induced     by     intoxication.       36 

L.R.A.  479. 
Intoxication  under  tlje  Texas  statute.     36 

L.R.A.  483. 
Invohintary  intoxication.     36  L.R.A.  484. 
Drunkenness  as  a  defense  to  homicide.     13 

L.R.A.(N.S.)     1024;     25    L.R.A.  (N.S.) 

Intoxication    as    a    defense    to    burglary. 

L.R.A.1918A,   1168. 
Effect  of   intoxication   on   question  of  heat 

of    passion    to    mitigate    homicide.      5 

L.R.A.(N.S.)    825. 

§    11.  Anger  as  a  defense. 

Responsibility  for  crime  committed  in  fit  of 
anger.     10  L.R.A. (N.S.)    1032. 

Heat  of  passion  which  will  mitigate  or  re- 
duce the  degree  of  a  homicide.  5 
L.R.A.(N.S.)   809. 

Effect  of  intoxication  on  the  question  of 
heat  of  passion  to  mitigate  homicide. 
5  L.R.A.(N.S.)   825. 

g   12.  Good  faith  as  defense. 

Good  faith  as  defense  to  criminal  respon- 
sibility for  failure  to  provide  child 
with  medical  attendance  and  remedies. 
1  B.  R.  C.  750. 

Good  faith  as  affecting  criminal  responsi- 
bility for  illegal  registration  or  voting. 
37  L.R.A.  (N.vS.)    1177. 

Good  faith  of  offer  of  marriage  as  affect- 
ing defense  to  prosecution  for  seduc- 
tion.    29  L.R.A.(N.S.)   423. 

Larceny  or  embezzlement  as  affected  by  be- 
lief in  right  to  property  taken.  41 
L.R.A.(N.S.)   549. 

§18.  Effect  of  ignorance,  mistake,  or 
belief. 

Homicide  by  accident  or  misadventure,  see 

Homicide,  §  14. 
In    sale    of    liquor,    see    Imtoxicating    Li- 

QioR.s,  §§  29,  31,  33. 

Mistake  as  to  beverage  as  defense  to  charge 
of  illegal  liquor  sale.  6  L.R.A. (N.S.) 
477;  21  L.R.A.(N.S.)  525;  L.R.A. 
1916D.  260. 

Begin  with   this  honk  on  cverti  law  que 


CRIMINAL  LAW,  IIL  a— cont'd 

Ignorance  of  contents  of  package  aa  de- 
fense to  carrier  in  prosecution  for 
transporting  intoxicating  liquor  into 
prohibition  territory.  18  L.R.A.(N.S.) 
1182. 

Ignorance  that  article  furnished  as  butter 
is  oleomarearin  as  a  ,  defense.  32 
L.R.A.  (N.S.")    740. 

Larceny  or  embezzlement  as  affected  by  be- 
lief in  right  to  property  taken.  41 
L.R.A.(N.S.)    549. 

Religious  l)eliof  as  excuse  for  failure  to 
furnish  medical  aid  to  child.  36 
L.R.A.(N.S.)    633. 

Belief  in  termination  of  former  marriage 
as  a  defense  to  prosecution  for  bigamy. 
27  L.R.A.(N.S.)  1097;  34  L.R.A. (N.S.) 
613. 

Ignorance  of  defendant  in  prosecution  for 
adultery  that  other  party  was  married 
as  a  defense.     18  L.R.A. (N.S.)   527. 

As  to  identity  of  victim  as  affecting  as- 
sault or  homicide.  33  L.R.A.  (N.S. )i 
1070. 

Assault  with  intent  to  murder  or  kill  by 
unlawful  act  under  mistaken  identity 
of  person  assaulted.  37  L.R.A. (N.S.) 
172. 

Proof  of  other  crimes  to  rebut  defense  of 
mistake  in  criminal  prosecution.  62 
L.R.A.   300. 

Effect  of  ignorance  of  mental  condition  in 
prosecution  for  rape  of  female  of  un- 
sound mind.     L.R.A.1916F,  746. 

§    14.  —  as  to  age. 

Seller's  ignorance  of  minority  of  purchaser 
as  defense  to  prosecution  for  sale  of 
liquor  to  minor.     25  L.R.A. (N.S.)   669. 

Effect  of  defendant's  mistake  as  to  age  of 
girl  under  statute  denouncing  sexual 
offenses  against  females  below  specified 
age.     25  L.R.A. (N.S.)    661. 

Ignorance  that  parties  to  marriage  are  un- 
der age,  as  defense  to  prosecution  for 
officiating  at  the  marriage.  20  L.R.A. 
(N.S.)    504. 

§   15.  Accident  as  defense. 

Homicide  by  accident  or  misadventure,  see 
Homicide,  §  14. 

Proof  of  other  crimes  to  rebut  defense  of, 
in  criminal  prosecution.  62  L.R.A.. 
300. 

§   16.  Attempt. 

To  commit  arson,  see  Arson,  §  4. 
To  commit  robbery,  see  Robbery,  §  3. 

Attempt  to  commit  suicide  as  a  crime.  T 
L.R.A.(N.S.)    286. 

Attempt  to  commit  suicide  while  intoxi- 
cated.    36  L.R.A.  479. 

Attempt  to  procure  violation  of  Elkins  act 
as    conspiracy.      17    L.R.A. (N.S.)    720. 

Charge  of  attempt  to  commit  offense  based 
on  attempt  to  do  an  act  under  mis- 
taken belief  in  the  existence  of  a  fact- 
Avithout  which  the  act,  if  consum- 
mated, would  not  have  constituted  the- 
offense.     9  L.R.A. (N.S.)    263. 

.S^JOJJ, 


INDEX  TO  L.R.A.  NOTES. 


341 


CRIMINAL  LAW,  III.  a— cont'd 
Unsuccessful   attempt   to    utter   or    publish 

forged     instrument.       8     L.R.A.  (N.S.) 

1177. 
Former  jeopardy  in  retrial  for  substantive 

offense   after   setting   aside  verdict  for 

attempt.     44  L.R.A.^N.S.)    1047. 

§    17.  — what  constitutes. 

Solicitation  as  attempt  to  commit  crime. 
25  L.R.A.  434. 

Solicitation  to  commit  adultery  as  an  at- 
tempt to  commit  crime.  L.R.A.1918A, 
98. 

Wliat  constitutes  attempt  to  discharge  fire- 
arms.    3   B.  R.  C.  243. 

What  constitutes  an  attempt  to  commit  ar- 
son. 4  L.R.A. (N.S.)  417;  41  L.R.A. 
(N.S.)    439. 

What  constitutes  offense  of  attempt  to  in- 
fluence officers  of  court.  21  L.R.A. 
(N.S.)    905. 

What  constitutes  an  attempt  to  commit 
homicide  as  distinguished  from  assault 
with  intent  to  kill.  21  L.R.A. (N.S.) 
898. 

Procuring  or  providing  instrumentalities 
adapted  to  commission  of  a  crime  with 
intent  to  commit  the  same,  as  an  at- 
tempt to  commit  the  crime.  6  L.R.A. 
(N.S.)    804. 

§    18.   Solicitation. 

Criminality  of  solicitation  to  crime  which 
is  not  consummated.  25  L.R.A. 
434. 

Solicitation  to  commit  adultery  as  a  crim- 
inal offense.    L.R.A.1918A,  98. 

§  19.  Instigation  to  crime;  facilitating 
crime. 

Instigation  to  commit  robbery,  see  Rob- 
bery, §  2. 

Instigations  to  crime  for  purpose  of  detect- 
ing criminal  as  defense  to  prosecution. 
25  L.R.A.  341;  30  L.R.A.(N.S.)  946; 
51  L.R.A.(N.S.)   825. 

Inciting  suicide.     66  L.R.A.  304. 

Effect  on  criminal  responsibility  for  lar- 
ceny of  owner's  conduct  in  intention- 
ally facilitating  the  taking.  7  L.R.A. 
(N.S.)    756. 

§   20.  Consent  to  crime. 

As  to  crime  of  dueling,  see  Dueling. 

For  the  purpose  of  detecting  criminal,  as  a 
defense  to  prosecution.  25  L.R.A. 
341;  30  L.R.A.  (N.S.)  946;  51 
L.R.A.(N.S.)    825. 

Consent  as  I'ustification  for  assault.  15 
L.R.A.    854. 

Of  woman  to  abortion  as  justification  or 
excuse  for  homicide  in  commission  of. 
63  L.R.A.  909;  49  L.R.A. (N.S.)   582. 

Effect  of  deceased's  consent  upon  degree  of 
homicide  committed  by  defendant.  L5 
L.R.A.(N.S.)   988. 

Effect  of  consent  of  bailee,  agent,  or  serv- 
ant to  taking  of  propertv  on  liability 
for  larceny.     7  L.R.A. (N.S.)    1149. 

Cotifnilt  also  L.R.A.  Digests  of  Cases. 


CRIMINAL  LAW,  III.  a— cont'd 
§   21.  Illegal   intent   or   transaction   by 
prosecutor  as  a  defense. 

Illegality  of  transaction  by  which  owner 
obtained  money  or  other  property  as 
defense  to  prosecution  for  embezzle- 
ment.    27   L.R.A.  (N.S.)    415. 

Illegal  intent  of,  as  affecting  guilt  in  ob- 
taining property  by  means  of  false  pre- 
tense or  confidence  game.  17  L.R.A. 
(N.S.)    276;   39  L.R.A.(N.S.)    423. 

§   2  2.  Duress  as  an  excuse  for  crime. 

Generally.     19  L.R.A.  357. 

Duress  of  wife  by  husband.     19  L.R.A.  358. 

§2  3.  Different  ofTenses  by  same  act. 

Offenses  against  different  sovereignties,  see 
infra,  V, 

Prosecution  and  punishment  of  distinct  of- 
fenses committed  by  single  sale  of 
intoxicating     liquor.       45     L.R.A. 
858. 
Forgery,  of    different    instruments    at    one 
time  as  constituting  one  or  more  than 
one  crime.     61  L.R.A.  819. 
Stealing  property  from  different  owners  at 
same    time    as    distinct    offenses.      42 
L.R.A. (N.S.)    967. 
Conviction  and  punishment  of  both  forging 
and   uttering   in   one   prosecution.      16 
L.R.A.(N.S.)  561. 
Right  to  convict  for  several  offenses  grow- 
ing   out    of    the    same    facts.      31 
L.R.A.(N.S.)    693. 

ft.  Parties  to  offenses. 

§  24.  Generally. 

Admissibility  of  acts  and  declarations  of 
coconspirators,  see  Evidence,  §  237. 

In  sale  of  intoxicating  liquor,  see  Intoxi- 
cating Liquors,  §§  22,  23. 

Confederates  in  uttering  or  publishing 
forged  instruments.  8  Ii.R.A.  ( N.S. ) 
1178. 

Unlawfully  issuing  license  for  disorderly 
house  as  keeping  the  same.  29  L.R.A. 
(N.S.)  721. 

Criminal  responsibility  for  homicide  in  car- 
rying out  unlawful  conspiracy.  68 
L.R.A.  193. 

Effect  of  participating  in  purchase  and  di- 
vision of  quantity  of  liquor  to  render 
one  guiltv  of  unlawful  sale.  22  L.R.A. 
(N.S.)   560. 

Is  one  who  obtains  liquor  for,  and  delivers 
it  to  another,  using  the  latter's  money, 
guiltv  of  selling  the  same.  24  L.R.A. 
(N.SO  268;  28  L.R.A.  (N.S.)  334; 
L.R.A.1917D,  1020. 

Procuring  liquor  for  another  on  physician's 
prescription  for  self  as  an  illegal  sale. 
21  L.R.A.(N.S.)    1008. 

Knowledge  necessary  to  charge  owner  with 
conduct  of  tenants  or  others  in  selling 
intoxicating  liquors  on  premises  in 
violation  of  injunction.  25  L.R.A. 
(N.S.)    602. 


342 


INDEX  TO  L.R.A.  NOTES. 


CRIMINAL  LAW,  III.  b— cont'd 

Agent's  criminal  responsibility  for  sale  of 
goods  that  do  not  comply  with  stat- 
utory requirements.     L. U.A.I 91 8D,  726. 

§  25.  Aiding  and  abetting  crime, 

Liability    for   act   of   assistant,    see   infra, 

§  27. 
Liability  for  assisting  in  unlawful  arrest 

or    subsequent    detention.     14    L.R.A. 

(N.S.)   1123. 
Abetting  suicide.    66  L.R.A.  304;  22  L.R.A. 

(N.S.)  243. 
What  connection  with,  or  participation  in, 

forgery  is  sufficient  to  render  one  guilty 

of  forgery.    L.R.A.1916F,  1254. 

§26.  Accessories. 

Child  as  accessory  to  theft.    36  L.R.A.  202. 

Offense  of  accessory  before  the  fact.  33 
L.R.A.(N.S.)   334. 

Abortionist  as  an  accessory  before  the  fact 
in  case  of  death.  63  L.R.A.  909;  49 
L.R.A.(N.S.)  582. 

Absence  of  accused  from  territorial  juris- 
diction at  time  of  offense  of  accessory 
before  the  fact  as  affecting  jurisdiction 
of  offense.     33  L.R.A.(N.S.)    334. 

§  2  7.  Liability  for  acts  of  associates  or 
assistants. 

Principal's  liability  for  homicide  by  assist- 
ant.    67  L.R.A.  312. 

Liability  of  one  assisting  in  burglary  dur- 
ing which  his  companion  commits  mur- 
der.    6  L.R.A.(N.S.)    1154. 

Absence  from  the  scene  of  homicide  as  af- 
fecting the  responsibility  of  a  party  to 
a  common  design  to  commit  another 
offense.    L.R.A.1918B,  75. 

Is  one  assisting  relative  in  peril  bound  by 
the  latter's  act  in  bringing  on  the  diffi- 
culty.    15  L.R.A. (N.S.)   1013. 

Criminal  responsibility  of  one  who  aids  an- 
other in  assaulting  in  which  the  latter, 
without  his  knowledge  or  consent,  uses 
a  deadly  weapon.  23  L.R.A.(N.S.) 
273. 

§  28.  Who  are  accomplices. 

Within  rule  requiring  corroboration  of  tes- 
timony, see  Evidence,  §  321. 

Spectators    at   prize    fight    as    accomplices. 

15  L.R.A.  516. 

One  accepting  aid  to  escape  from  jail  as 
an  accomplice  of  person  giving  the  aid. 
24  L.R.A.(N.S.)   625. 

S  29.  Criminal  and  penal  liability  for 
act  of  copartner  servant,  or  agent. 

See  also  Intoxicating  Liquors,  §  23. 

Creneral   rules. 

(N.S.)   2. 
Application     to     particular     subjects.     41 

L.R.A.  652;  43  L.R.A.  (N.S.)   2. 
Violation  of  liquor   laws.     41   L.R.A.   661- 

16  L.R.A.(N.8.)    786;  20  L.R.A.(N.S.) 
321;  43  L.R.A.(N.S.)  2. 


41   L.R.A.   650;    43"  L.R.A. 


negin  uith  this  hook  on  every  law  question. 


TRIMINAL  LAW,  III.  b— cont'd 

Homicide    by    acting    through    innocent    or 

irresponsible     agent.     2     L.R.A.  (N.S.) 

897. 
Criminal  liability  of  newspaper  proprietor 

for  libel  published  without  his  consent 

26  L.R.A.  779. 

c.  Criminal  negligence. 

§   30.  Generally. 

Negligent  homicide,  see  Homicide,  §  15. 
Criminal    liability   of   highway   officers  for 
negligence.      22  L.R.A.  835. 

IV.  Procedure, 
a.  In  general. 

§31.  Generally. 

Nature  of  proceeding  as  civil  or  criminal,. 
sep  Action  ob  Suit,  §  6. 

Right  or  appeal  in  criminal  case,  see  Ap- 
peal AND  Erbob,  §§  2,  7a. 

Review,  on  appeal,  of  decisions  in  criminal 
cases,  see  Appeal  and  Error,  VIII. 

Review  of  facts  on  appeal  in  criminal  cases,, 
see  Appeial  and  Error,  §  33. 

Instructions  in  criminal  prosecution,  sen 
Appeal  and  Erbob,  §  36;  Trial,  §§  GO- 
GS. 

Arguments  and  conduct  of  counsel,  see 
Appeal  and  Erbob,  §  37;  Trial,  §§15- 
17. 

Remarks  or  conduct  of  judge,  see  Appeal 
AND  Error,  §  38. 

Error  as  to  jury  or  conduct  of  trial,  see  Ap- 
peal AND  Error,  §  39. 

Ex  post  facto  laws,  see  Constitutional 
Law,  §  7. 

Continuance  in  criminal  cases,  see  Continu- 
ance. 

Liability  for  costs  in  criminal  prosecution,, 
see  Costs  and  Fee»,  II. 

Jurisdiction  in  criminal  cases,  see  Courts, 
§§  9,  25,  44. 

Dismissal  of  criminal  prosecution,  see  Dis- 
missal and  Discontinuance,  §  4. 

As  to  prosecuting  attorney,  see  District 
and  Prosecuting  Attorney. 

Judicial  notice  as  to  criminal  matters,  see 
Evidence,  II. 

Presumptions  and  burden  of  proof  as  to 
criminal  matters,  generally,  see  Evi- 
dence, III. 

Best  and  secondary  evidence  in  criminal 
prosecution,  see  Evidence,  IV'. 

Documentary  evidence  in  criminal  case,  see 
Evidence,  V. 

Demonstrative  evidence  in  criminal  prose- 
cution, see  Evidence,  VI. 

Expert  and  nonexpert  evidence  as  to  san- 
ity, see  Evidence,  §§  189-193. 

Admissibility  of  opinion  evidence  in  crimi- 
nal prosecution,  see  Evidence,  VIII. 

Admissibility  of  confessions,  see  Evidence, 
IX. 

As  to  evidence  with  respect  to  handwriting, 
generally,  see  Evidence,  §§  198-205. 

Comparison  of  typewriting  and  finger 
prints,  see  Evidence,  VIII.  h. 


INDEX  TO  L.R.A.  JSOTES. 


343 


CRIMINAL  LAW,  IV.  a— cont'd 

As  to  confessions,  see  Evidence,  §§  207-214. 

Admissibility  of  evidence  wrongfully  ob- 
tained, see  Evidence,  §  213. 

Admissions  of  accused,  see  Evidence,  §  235. 

Admissibility  of  declarations  of  third  per- 
sons in  criminal  prosecution,  see  Evi- 
dence, XL 

Evidence  of  threats,  see  Evidence,  §  239. 

Admissibility  of  dying  declarations,  see  Evi- 
dence, §  242. 

Admissibility  of  declarations  of  accused,  see 
Evidence,  §  227. 

Admissibility  of  acts  and  declarations  of 
coconspirators  and  codefendants,  see 
Evidence,  §  237. 

Evidence  as  to  character  of  accused  or  other 
persons,  see  Evidence,  §§  249-253. 

Evidence  as  to  character  or  reputation,  see 
Evidence,  §§  251,  252. 

Evidence  of  other  crimes,  see  Evidence,  § 
275. 

Relevancy  of  evidence  in  criminal  cases, 
generally,  see  Evidence,  §§  277,  284- 
287. 

Weight  of  evidence  in  criminal  cases,  gen- 
erally, see  Evidence,  §§  315-328. 

Necessity  of  corroboration  of  accomplice, 
see  Evidence,  §  321. 

Matters  as  to  grand  jury,  see  Grand  Juby. 

Competency  of  evidence  before  grand  jury, 
see  Grand  Jury,  §  7. 

Limitation  of  time  for  prosecution,  see  Lim- 
itation OF  Actions,  §  38b. 

Termination  of  prosecution  for  purpose  of 
action  for  malicious  prosecution,  see 
Malicious  Prosecution,  §  9. 

Motion  for  new  trial  in  criminal  case,  see 
New  Trial. 

Uolle  prosequi,  see  Nolle  Pbosequi. 

Removal  of  criminal  cause  to  Federal  court, 
see  Removal  of  Causes,  §  19. 

Province  of  court  and  jury  in  criminal  pros- 
ecution, see  Trial,  §§  54,  55. 

Instruction  in  criminal  case,  see  Trial,  V. 

Verdict  in  criminal  prosecution,  see  Trial, 
VIII. 

Venue  of  criminal  prosecution,  see  Venue, 
§3. 

Witnesses  generally  in  criminal  cases,  see 
Witnesses. 

Competency  of  witnesses  in  criminal  case, 
see  Witnesses,  IL 

Cross-examination  of  accused,  see  Wit- 
nesses, §  37. 

Impeachment  of  witness  in  criminal  case, 
see  Witnesses,  §  42. 

Applicability  in  proceeding  to  punish  crim- 
inal contempt  of  rules  of  evidence  in 
criminal  cases.    L.R.A. 1917B,  118. 

Admissibility  in  evidence  of  former  plea  of 
guilty.  L.R.A.1916E,  640;  L.R.A. 
1918E,  92. 

Effect  of  writ  or  process,  without  seal  of 
court.     20  L.R.A.  424. 

Want  of  internal  revenue  stamp  on  instru- 
ment requiring  stamp,  as  affecting 
criminal    prosecution.      46   L.R.A.   454. 

Criminal  prosecutions  where  statutes  regu- 
lating business  of  foreign  insurance 
companies  have  not  been  complied  with. 
20  L.R.A.  409 

Consult  also  L.R.A.  Digests  of  Cases. 


CRIMINAL  LAW,  IV.  a— cont'd 

Procedure  on  prosecution  of  habitual  crimi- 
nal or  prior  offender.  34  L.R.A.  404: 
24  L.R.A.  (N.S.)   435. 

Validity  of  proceedings  in  course  of  trial 
outside  of  court  room.     41  L.R.A.  563. 

Right  of  private  person  to  exhibit  criminal 
information  in  court  of  record.  19 
L.R.A.  (N.S.)    1050. 

First  and  last  days  in  computing  time  for 
prosecutions.     49  L.R.A.   216,  224. 

Basing  an  indictment  upon  testimony  of 
accomplices.     28  L.R.A.   319. 

Entry  of  judgment  nunc  pro  tunc  in  crim- 
inal case.     20  L.R.A.   146. 

Consolidated  trial  upon  several  indictments 
against  same  defendant.  3  L.R.A, 
(N.S.)   412;  47  L.R.A.  (N.S.)   955. 

Right  of  court  to  order  disinterment  of 
corpse  for  evidential  purposes.  2Sf 
L.R.A.(N.S.)    513. 

Construction  and  effect  of  provisions  requir- 
ing prosecution  for  adultery  to  be  on 
complaint  of  husband  or  wife.  19 
L.R.A.(N.S.)   786. 

Prosecution  under  general  liquor  law  for 
sale  in  local-option  territory.  3  L.R.A. 
(N.S.)   620. 

Effect  of  escape  on  appeal  from  conviction. 
26   L.R.A. (N.S.)    921. 

Intimation  that  a  recommendation  to  mercy 
will  be  entertained  as  ground  for  rever- 
sal.    40  L.R.A. (N.S.)   239. 


§  32.  Preliminary  examination. 

Admissibility  of  testimony  on,  of  witness 
not  available  at  time  of  trial,  see  Evi- 
dence, §  245. 

Complaint  or  information  based  on  infor- 
mation and  belief  as  basis  for  examina- 
tion preliminary  to  issuance  of  war- 
rant. 10  L.R.A.  (N.S.)  159;  25  L.R.A. 
(N.S.)   60. 

Admissibility  in  criminal  trial  of  testimony 
given  on  preliminary  examination  by 
witnesses  not  available  at  time  of  trial. 
25  L.R.A.  (N.S.)   868. 

Right  of  public  prosecutor  to  have  prelim- 
inary examination  before  magistrate 
dismissed.    L.R.A.1918C,  209. 


§   33.  Warrant;   commitment. 

Complaint  or  information  based  on  infor- 
mation and  belief  as  basis  for  issuance 
of  warrant.  10  L.R.A. (N.S.)  159;  25 
L.R.A.(N.S.)    60. 

Necessity  of  commitment  to  render  impris* 
onment  valid.     38  L.R.A. (N.S.)   609. 

Informality  of  commitment  as  justification 
for  prison  breach.     15  L.RA.  191. 


§  34.  Effect  of  agreement  for  immunity 
of  accomplice  who  testifies  for  pros- 
ecution. 

In   general.     24  L.R.A. (N.S.)    439. 

Who    can    promise    immunity.      24    L.R.A, 

(N.S.)   442. 
Dutv   to   make   full   disclosure.     24   L.R.A, 
'(N.S.)    443. 


344 


INDEX  IX)  L.R.A.  NOTES. 


CRIMINAL  LAW,  IV.  a— cont'd 

Necessity  to  immunity  of  accomplice's  ful- 
filling agreement.  24  L.R.A.  (N.S.) 
444. 

Effect  of  agreement  on  competency  as  wit- 
ness.    24  L.R.A. (N.S.)    445. 

Effect  of  voluntary  testimony  by  accom- 
plice.    24  L.R.A.  (N.S.)    445. 

S  35.  Necessity  for  Indictment  or  pre- 
sentment. 

As  to  requisites  and  sufficiency  of  indict- 
ment, see  Indictment,  Infoemation, 
AND  Complaint. 

Sufficiency  of  information,  without  indict- 
ment, in  common-law  felonies.  1 
L.R.A.(N.S.)    1153. 

Constitutional  or  statutory  provisions  for 
prosecution  of  felony  upon  information 
without  indictment  as  an  ex  post  facto 
law.    38  L.R.A.(N.S.)  600. 

What  is  an  infamous  crime  within  consti- 
tutional provisions  requiring  present- 
ment by  a  grand  jury.     17  L.R.A-  764. 

S  35a.  Loss  of  indictment. 

Right  to  substitute  copy.     41  L.R.A.(N.S.) 

1079. 
Right  of  grand  jury  to  refind  or  to  find  a 
new      indictment.       41      L.R.A.(N.S.) 
1084. 
Original    subsequently    found.      41    L.R.A. 

(N.S.)    1084. 
Formal     requisites     of     substitution.       41 
L.R.A.(N.S.)    1085. 

§   36.  Matters  as  to  jury. 

Discharge  of  jury  as  bar  to  further  prose- 
cution, see  infra,  §  63. 

Right  to  jury  trial  in  criminal  case,  see 
JuBY,  §  5. 

Denial  or  infringement  of  right  to  jury 
trial,  see  Jlby,  §  6a. 

Number  and  agreement  of  jurors  in  crim- 
inal case,  see  Juby,  §  15. 

Compettncv  of  jurors  in  criminal  case,  see 
JUBY,'§§   11-14. 

Selection  of  jurors  in  criminal  case,  see 
Juby,  III. 

As  to  grand  jury,  see  Gband  Juby. 

In  civil  cases,  see  Tbial,  §§  70-74. 

Right  of  jurors  to  act  on  their  own  knowl- 
edge as  to  matters  not  in  evidence.  31 
L.R.A.  489;  37  L.R.A.(N.S.)   796. 

How  long  shall  a  jury  be  permitted  to  de- 
liberate before  a  mistrial  may  be  or- 
dered.    11  L.R.A.(N.S.)    178. 

Right  to  waive  absence  of  juryman  in  crim- 
inal case.     14  L.R.A.(N.S.)   862. 

Right  in  criminal  case  to  substitute  an- 
other juror  and  proceed  with  the  trial 
when  a  juror  becomes  disabled  or  in- 
competent.    25  L.R.A. (N.S.)    36. 

Effect  of  jury  in  criminal  case  hearing 
speech  or  address  out  of  court  on  sub- 
ject related  to  issues  before  them.  38 
L.R.A.(N.S.)    1116. 


Begin  tcith  this  book  on  every  law  question. 


CRIMINAL' LAW,  IV.  a— cont'd 

Effect  of  statutory  declaration  that  murder 
committed  by  certain  means  or  while 
engaged  in  commission  of  felony  shall 
be  murder  in  the  first  degree,  upon 
right  of  jury  to  pass  upon  the  degree. 
12  L.R.A.(N.S.)   035. 

Delay  of  prosecution  caused  by  failure  to 
have  a  jury  as  ground  for  discharge 
of  accused.     56  L.R.A.  529. 

Effect  of  consent  of  defendant  in  criminal 
case  to  proceeding  with  less  than  twelve 
jurors.     46  L.R.A.  (N.S.)    38. 

Unauthorized  view  by  juror  or  jury  as 
ground  for  new  trial  or  reversal. 
L.R.A.1915B,  705. 

§   37.  — separation  of  jury. 

Separation  of  jury  generally,  see  Tbial.  § 
73. 

Permitting  separation  of  jury  in  capital 
case.     24  L.R.A. (N.S.)   776. 

Right  to  permit  separation  of  jury  in  crim- 
inal cases,  other  than  capital, 
after  finding  but  before  rendition 
of  verdict.     31  L.R.A. (N.S.)    1005. 

§   38.  — witlidrawal   of  juror. 

Withdrawal  of  juror  generally,  see  Tbial,  § 
18a. 

Power  to  withdraw  juror  in  criminal  cases. 

48  L.R.A.  434. 
Effect  of  withdrawal  of  juror  in  criminal 

case.    48  L.R.A.  440. 

§  39.  Matters  as  to  judges. 

Remarks  or  conduct  of  judge,  see  Appkat. 

and  Ebbob,  §  38. 
Disqualification  of  judge,  see  Judges,  §  3. 

Right  of  court  to  direct  a  verdict  of  guilty. 

22  L.R.A.(N.S.)  304. 
When  temporary  absence   of  judge  during 

trial  is  fatal.     41  L.R.A.  569. 
Statute     reducing     number     of     presiding 

judges    at    criminal    trial    as    ex    post 

facto   law.     37   L.R.A.(N.S.)    567. 
Delegation  of  power  to  receive  verdict   in 

criminal  case.     L.R.A.1917E,  1090. 

§  40.  Power  of  public  prosecutor  to 
dismiss   prosecution. 

The  origin  and  nature  of  the  power.     35 

L.R.A.  701. 
The  power   absolute,   when   and   where.   35 

L.R.A.  701. 
The  power  limited  by  the  will  of  the  court. 

when  and  where.     35   LR.A.   705. 
The  court  may  advise,  but  cannot  compel, 
the  exercise  of  the  power.     35  L.R.A. 
708. 
The  power  limited  by  the  will  of  the  ac- 
cused, when.     35  L.R.A.  709. 
The  power  exercised  toward  one  of  several. 

35  L.R.A.  710. 
The  power  to  correct  the  indictment  or  in- 
formation   by    dismissal  as    to    a 
part.    35  L.R.A.  712. 
The  power  absolute  after  new  trial  granted, 
or  appeal  taken.    35  L.R.A.  716. 


INDEX  TO  L.R.A.  NOTES. 


345 


CRIMINAL  LAW,  IV.  a— cont'd 

The  power  of  the  reviewing  court.  35 
L.R.A.  716. 

The  power  to  recall  the  dismissal  of  the 
prosecution.     35   L.R.A.   716. 

Necessity  of  the  consent  of  court  to  entry 
of  nolle  prosequi  in  a  criminal  case. 
45  L.R.A.  (N.S.)   1123. 

Right  of  public  prosecutor  to  have  prelim- 
inary examination  before  magistrate 
dismissed.     L.R.A.1918C,  209. 

§  41.  Effect  of  conviction  or  acquittal 
generally. 

Former   conviction   as  a   bar,  see  infra,   §§ 

59-64. 
Effect  of,  to  revoke  liquor  license,  see  infra, 

§  74. 
Civil   death   resulting   from   conviction,   see 

Civil  Death. 
As  ground    for    divorce,    see   Divorce   and 

Separation,  §  29. 

Acquittal  or  discharge  on  criminal  charge 
as  evidence  of  want  of  probable  cause 
in  action  for  malicious  prosecution. 
64  L.R.A.  474. 

Effect  of  conviction  on  marriage.  31 
L.R.A.  515. 

As  ground  of  disbarment  of  attorney.  19 
L.R.A.  (NS.)     892. 

For  other  crime,  effect  on  admissibility  of 
evidence  of  such  crime.    62  L.R.A.  341. 

§  42.  Insanity  after  commission  of 
criminal  act. 

Criminal  responsibility  of  insane  person, 
see  supra,  §§   8-10. 

Sentence  and  imprisonment  of  insane  per- 
son, see  infra,  §  72. 

Effect;  generally.     38  L.R.A.  577. 

Question  when  and  how  raised.  38  L.R.A. 
578. 

Test  of  insanity  which  will  prevent  trial. 
38  L.R.A.  579. 

Determination  as  to  submission  of  issue. 
38  L.R.A.  580. 

Disposition  of  the  issue.     38  L.R.A.  582. 

Effect  of  the  determination.     38  L.R.A.  685. 

Insanity  after  verdict.     38  L.R.A.  587. 

Insanity  after  judgment.     38  L.R.A.  588. 

Appeals.     38  L.R.A.  589. 

Effect  of  recovery.     38  L.R.A.  590. 

Method  of  raising  insanity  supervening  aft- 
er conviction.     10  L.R.A.(N.S.)  1129. 

b.  Protection   and   rights   of  accused 
generally. 

§   43.  Generally. 

Right  to  trial  by  jury  in  criminal  prosecu- 
tion, see  Jury,  §  5. 

Number  and  agreement  of  jurors  necessary 
to  verdict,  see  Jury,  §  15. 

Riglit  of  prosecutrix  in  bastardy  proceed- 
ings to  private  counsel.  33  L.R.A. 
(N.S.)    463. 

Protection  of  deaf  defendant  in  criminal 
prosecution.     2  L.R.A. (N.S.)    509. 

Right  of  indicted  person  to  inspect  minutes 
of  grand  jury.     27  L.R.A. (N.S  )  558. 

Consult  also  L.R.A.  Digests  of  Cases. 


CRIMINAL  LAW,  IV.  b— cont'd 

Right  to  limit  time  of  argument  for  coun- 
sel of  accused.  25  L.R.A.(N.S.)  1027; 
42  L.R.A. (N.S  )    209. 

Vested  right  in  defense  of  limitations  in 
criminal  actions.     45  L.R.A.  614. 

Right  of  prisoner  to  opportunity  to  con- 
sult with  his  attorney.  44  L.R.A.(N.S) 
1083. 

Right  of  accused  to  complain  because  prose- 
cution is  conducted  or  assisted  by  an 
unofficial  member  of  the  bar.  47  L.R.A. 
(N.S.)   1106. 

Right  to  take  or  retain  in  rogues'  gallery 
picture  of  one  accused  of  crime.  L.R.A. 
1916A,  743. 

§  44.  Public  trial;  misconduct  of  spec- 
tator. 

Right  to  public  trial.     14  L.R.A.  809. 

Right  of  court  to  exclude  public  from  court 
room  during  criminal  trial.  9  LR.A. 
(N.S.)  277;  27  L.R.A. (N.S.)  487;  44 
L.R.A. (N.S.)    583;   L.R.A.1918C,  1168. 

Effect  of  misconduct  of  spectator  during 
criminal  trial.  12  L.R.A.  (N.S.)  98: 
L.R.A.1918E,  959. 

Permitting  hostile  crowd  in  court  room  as 
denial  of  fair  trial.  39  L.R.A.  (N.S.)" 
667. 

In  case  of  citizen  of  Mexico  accused  of  or- 
ganizing in  the  United  States  military 
expedition  against  Mexico.  L.R.A. 
1917A,  281. 

§  45.  Delay  of  prosecution  as  ground 
of  discharge. 

Where  there   is  no  cause  for   delay.        56> 

L.R.A.  513. 
In  failing  to  indict  or  to  file  an  information. 

56  L.R.A.  515. 
Where  the  statutory  time  has  not  elapsed. 

56  L.R.A.  518. 
Caused  by  api>eal  or  error.  56  L.R.A.  518. 
Where  there  is  a  mistrial  or  new  trial.     56 

L.R.A.    519. 
Where  the  indictment  is  set  aside  or  nolled 

and  new  indictment  found.     56  L.R.A. 

522. 
Where  defendant  is  held  under  several  in- 
dictments.    56  L  R.A.  524. 
Where     there     are     other     defendants.     51^ 

L.R.A.  525. 
Caused  by  change  of  venue.     56  L.R.A.  525. 
Caused    by    continuance    for    evidence.     5(^ 

L.R.A.  526. 
For  want  of  time  to  try.     56  L.R.A.  527. 
In  neglecting  to  provide  a  prosecuting  at- 
torney or  expense  money  for  court.  56- 

L.R.A.   528. 
In  failing  to  have  a  jury.     56  L.R.A.  529. 
In  failing  to  hold  court.     56  L.R.A.  530. 
"Court"  and  "term"  defined.    56  L.R.A.  531. 
Where  the  defendant  is  not  in  jail  or  is  out 

on  bail.     56  L.R.A.  533. 
Where  the  defendant  is  in  the  penitentiary. 

56  L.R.A.  534. 
Caused  bv  acts  or  condition  of  accused.  56- 

L.R.A.  535. 
Presumption  that  delay  is  for  good  cause, 

56  L.R.A.  536. 


346 


INDEX  TO  L.R.A.  NOTES. 


(IJIMINAL  LAW.  IV.  b— cont'd 

Demand  aa  a  condition  precedent  to  a  dis- 
charge. 56  L.RJ^.  538;  44  L.R.A.(N.S.) 
871. 

Remedy  to  obtain  discharge.  56  L.R.A. 
,139. 

Kflr«'ct  of  discharge.     56  L.R.A.  544. 

Right  to  a  speedy  trial  of  one  under  con- 
finement for  another  ofTense.  L.R.A. 
1915E,  363. 

In  case  of  citizen  of  Mexico  accused  of  or- 
ganizing in  the  United  States  military 
expedition  against  Mexico.  L.R.A. 
1917A,  281. 

g  4  0.  Presence  of  accused. 

Presence  of  accused  at  view  by  jury.  42 
L.R.A.  378. 

At  time  of  making  of  dying  declaration. 
56  L.R.A.  453. 

Necessity  of  presence  of  accused  at  rendition 
of  Verdict  for  misdemeanor.  L.R.A. 
1917B,  346. 

Waiver  of  presence  of  one  charged  with 
misdemeanor  at  time  of  receiving  ver- 
dict.    21  L.R.A.(N;S.)  56. 

Waiver  of  presence  of  accused  at  time  of  re- 
ceiving verdict  upon  trial  for  felony. 
14  L.R.A.{N.S.)  603;  32  L.R.A.(N.S.) 
306;  L.R.A.1915D,  817. 

§   4  7.  Riglit  to  meet  witnesses. 

Applicability  in  proceeding  to  punish  crim- 
inal contempt  of  rule  as  to,  in  criminal 
cases.     L.R.A.1917B,  119. 

Admissibility  of  testimony  given  on  pre- 
liminary examination  as  affected  by 
right  of  accused  to  be  confronted  with 
witnesses  against  him.  25  L.R.A.(N.S.) 
868. 

Statute  establishing  prima  facie  rule  of 
evidence  as  denial  of  right  to  be  con- 
fronted with  witnesses.  L.R.A.1915C, 
726. 

g  48.  Compulsory  process  to  procure 
witnesses. 

Power  to  regulate  or  restrict  constitutional 
right  of  defendant  in  criminal  cases  to 
compulsory  process  to  procure  attend- 
ance of  witness  in  his  behalf.  8  L.R.A. 
(N.S.)  509. 

g  40.  Self-crimination. 

Admissibility  of  confession,  see  Evidence. 
IX. 

Constitutional  guaranty  against  self-incrim- 
ination; equivalent  exemption  to  wit- 
ness.    1  L.R.A.(N.S.)   167. 

Use  in  criminal  proceedings  of  books  which 
one  has  been  required  to  produce  in  an- 
other proceeding  as  violation  of  his 
right  against  self-crimination.  47 
L.R.A.  (N..S.)  263. 

Who  is  within  protection  of  provision  of 
Bankruptcy  Act  as  to  use  in  criminal 
proceedings  of  testimony  given  by  bank- 
ruptcy.   L.R.A.1917B,  614. 

Effect  of  statutes  prohibiting  the  use  of 
testimony  against  the  witness.  14 
L.R.A.  407;  26  L.R.A.  418. 

Begin  uHth  this  book  on  every  law  question 


CRIMINAL  LAW,  IV.  b— cont'd 

By  experiment  in  presence  of  jury.  15 
L.R.A.  223. 

Merely  demanding  that  accused  produce  in- 
criminating document  as  violation  of 
his   privilege.     35   L.R.A. (N.S.)    1171. 

Power  to  require  one  who  has  caused  injury 
to  identify  himself.  40  L.R.A.{N.S.) 
622. 

Incriminating  evidence  furnished  by  defend- 
ant acting  under  compulsion.  32 
L.R.A.(N.S.)    772;   L.R.A. 1918J5,  849. 

Effect  of  agreement  for  immunity  of  accom- 
plice on  his  competency  as  a  witness. 
24  L.R.A. (N.S.)   445. 

Admissibility  of  schedules  filed  in  Federal 
bankruptcy  proceedings,  in  prosecution 
of  bankrupt  for  concealment  of  prop- 
erty.    18  L.R.A. (N.S.)    1194. 

Right  of  officer  of  a  corporation  to  refuse 
to  turn  over  its  books  to  a  receiver, 
upon  the  ground  that  they  have  a 
tendency  to  incriminate  him.  30  L.R.A. 
(N.g.)    725. 

May  records  of  sales  of  liquor  which  a  drug- 
gist is  required  by  law  to  keep  be  used 
as  evidence  against  him  in  a  criminal 
prosecution.     25   L.R.A.  (N.S.)    818. 

False  testimony  under  immunity  statute  as 
perjury.     9  L.R.A.(N.S.)  237. 

Conclusiveness  of  witness's  statement  that 
the  answer  to  questions  against  which 
he  pleads  his  privilege  would  tend  to 
criminate  him.  24  L.R.A.(N.S.)  165; 
49  L.R.A.(N.S.)   826. 

Applicability  in  proceeding  in  punish  crim- 
inal contempt  of  rule  as  to,  in  criminal 
cases.     L.R.A.1917B,  118. 

g  50.  —  necessity  for  claiming  protec- 
tion. 

Necessity  of  claiming  constitutional  protec- 
tion against  being  compelled  to  give  in- 
criminating evidence.  4  L.R.A. (N.S.) 
1144. 


g  51.  — use  in  civil  case  of  informa- 
tion gained. 

Constitutional  protection  against.  29  L.R.A 

81L 
May    self -incriminating    testimony    elicited 

under  an  immunity  statute  be  used  in 

a    civil    proceeding.    26    LJl.A.(N.6.) 

622. 


g  52.  —admissibility  against  accused 
of  documents  or  things  talcen  from 
him. 

In  general.     59  L.R.A.  465;  8  L.R.A. (N.S.) 

762;  34  L.R.A.(N.S.)  58;  L.R.A.1915B, 

834;  L.R.A.1916E,  716. 
Constitutional  restrictions.    59  L.R.A.  465; 

L.R.A.1916E,  717. 
Effect   of    illegal    or    improper   seizure.     59 

L.R.A.  470;  34  L.R.A. (N.S.)   59. 
Rule  as  to  articles  unlawfully  possessed,  or 

in  which  the  public  has  an  interest.     69 

L.R.A.  472. 
Shoes  taken  to  compare  with  tracks.    L.R.A. 

1915B,  837. 


INDEX  TO  L.R.A,  NOTES. 


347 


CRIMINAL  LAW,  IV.  b— cont'd 

To  what  proceedings  foregoing  rules  apply. 
59  L.R.A.  473. 

Effect  of  illegality  of  taking.  34  L.R.A. 
(N.S.)  59:  L.R.A.1915B,  834;  L.R.A. 
1916E,  716. 

Prosecution  for  carrying  concealed  weap- 
ons. 34  L.R.A. (N.S.)  61;  L.R.A.1915B, 
837. 

§  53.  — right  to  compel  accused  to  ex- 
hibit himself  for  examination. 

Cases  denying  the  right.     28  L.R.A.  699. 
Cases  asserting  the  right.     28  L.R.A.  700. 
Comparison  of  cases.     28  L.R.A.  703. 
Waiver  of  the  constitutional  exemption.  28 

L.R.A.  703. 
The  English  rule.     28  L.R.A.  704. 

§  54.  Right  of  prisoner  to  appear  un- 
manacletl  at  trial. 

In  general.     39  L.R.A.  821. 

When  justifiable.     39  L.R.A.  822. 

Upon  his  arraignment  and  sentence.  39 
39  L.R.A.  824. 

As  a  ground  of  reversal  and  review.  39 
L.R.A.  824. 

Provisions  of  state  Constitutions  and  stat- 
utes.    39  L.R.A.  825. 

c.  Arraignment;    plea;    motions. 

%   55.  Arraignment. 

May  defendant  be  arraigned  after  com- 
mencement of  trial.  27  L.R.A.(N.S.) 
1181.  / 

§    56.  Pleas. 

Plea  of  former  jeopardy,  see  infra,  IV.  d. 

Admissibility  in  evidence  of  former  plea  of 
guilty.  L.R.A.1916E,  640;  L.R.A.1918E, 
92. 

Statute  allowing  plea  of  guilty  in  capital 
case.     16  L.R.A.  358. 

Plea  of  guilty  under  intimidation.  34 
L.R.A. (N.S.)    257. 

In  prosecution  under  statute  enhancing 
penaltv  for  crime  bv  prior  offenders.  34 
L.R.A."  405;  24  L.R.A.(N.S.)  436;  48 
L.R.A.  (N.S.)    206. 

Duty  of  court  before  accepting  plea  of  guilty 
in  capital   case.     22   L.R.A. (N.S.)    463. 

May  defendant  plead  after  commencement 
of   trial.     27    L.R.A.  (N.S.)    1181. 

Right  upon  plea  of  guilty  to  sentence  ac- 
cused without  intervention  of  jury.  35 
L.R.A.  (N.S.)    1146. 

Conclusiveness  of  plea  of  guilty  in  subse- 
quent civil  action.  28  L.R.A.  (N.S.) 
328;  L.R.A.1915A,  203. 

Plea  of  guilty  as  affecting  action  for  illegal 
arrest,  false  imprisonment,  or  malicious 
prosecution.     20  L.R.A.  (N.S.)   295. 

Manner  and  time  of  raising  defense  of 
former  jeopardy.     L.R.A.1917A,   1233. 

§   5ea.  —plea  of  nolo  contendere. 

Pleadable  only  by  leave  of  court.  41  L.R.A. 

(N.S.)    71. 
Effect  of  plea.     41  L.R.A. (N.S.)   71. 
Sentence   may    be    entered    forthwith.         41 

L.R.A.  (N.S.)    72. 
■Consult  also  L.R.A.  Digests  of  Cases. 


CRIMINAL  LAW,  IV.  c— cont'd 
Admissibility  of  evidence  in  mitigation  and 

aggravation  of  punishment.     41  L.R.A. 

(N.S.)    72. 
Right  to  use  against  defendant  in  another 
proceeding.     41  L.R.A.  (N.S.)  73. 

To  impeach  defendant  as  a  witness.  41 
L.R.A. (N.S.)   74. 
Admissibility    in    a    proceeding    against    a 

third  person.     41  L.R.A, (N.S.)   74. 
Where   plea   of   nolo   contendere   is  -  permis- 
sible.    41  L.R.A.  (N.S.)    75. 
Duty    of    court    before    accepting    plea    of 

guilty     in     capital     case.     22     L.R.A. 

(N.S.)    463. 

§  5  7.  —  effect  of  failure  to  give  oppor- 
tunity  to  plead. 

Effect  upon  conviction  of  failure  to  give 
accused  an  opportunity  to  plead.  13 
L.R.A.(N.S.)  811;  45  L.R.A. (N.S.)  664. 

§   58.  Motion  in  arrest.  ;    ii  ui' 

Amendment  of  record  to  cure  defect  in  in- 
dictment for  which  motion  in  arrest 
of  judgment  has  been  made.  67  L.R.A. 
182. 

Mistake  as  to  name  of  juror  in  criminal 
case  as  ground  for  arrest  of  judgment. 
47  L.R.A. (N.S.)   714. 

Raising  objection  of  duplicity  in  indict- 
ment by  motion  in  arrest  of  judgment. 
49   L.R.A. (N.S.)    456. 

d.  Former  jeopardy. 

§   59.  Generally. 

Manner  and  time  of  raising  defense  of  for- 
mer  jeopardy.     L.R.A.1917A,  1233. 

Decision  as  to,  as  a  Federal  question.  62 
L.R.A.  530. 

Question  whether  suit  for  statutory  penal- 
ty is  a  civil  or  criminal  prosecution  aa 
affecting  former  jeopardy.  27  L.R.A. 
(N.S.)    752. 

Validity,  under  constitutional  provision  for- 
bidding second  jeopardy,  of  statute  au- 
thorizing injunction  against  commis- 
sion of  crime.     2  L.R.A. (N.S.)  1111. 

Trial  under  erroneous  theory  as  to  crime 
charged  as  former  jeopardy.  24  L.R.A. 
(N.S.)   481. 

Acquittal  of  crime  as  a  bar  to  a  subsequent 
prosecution  of  defendant  for  perjury 
committed  on  the  former  trial.  .39 
L.R.A.(N.S.)    385;    L.R.A.1917B,   743. 

Former  jeopardy  in  retrial  for  substantive 
offense  after  setting  aside  verdict  for 
attempt.    44  L.R.A. (N.S.)   1047. 

Defective  or  void  sentence  or  judgment  as 
basis  of  plea  of  former  jeopardy.  L.R.A. 
1915A,  526. 

Conviction  under  municipal  ordinance  aa 
bar  to  prosecution  under  state  stat- 
utes, "and  vice  versa.  17  L.R.A.  (N.S.) 
69. 

Conviction  or  acquittal  of  marital  offense 
as  bar  to  a  subsequent  prosecution.  40 
L.R.A. (N.S.)    615. 


348 


INDKX  10  I..R.A.  NOTES. 


CRIMINAL  LAW,  TV.  d— cont'd 

OtMiviction  or  acquittal  of  a  sexual  offense  as 
a  bar  to  a  prosecution  for  a  similar  of- 
fense with  or  against  the  same  person 
at  a  different  time.     L.R.A.1917D,  731. 

FornitT  jiM>i)ardv  in  case  of  sexual  offenses. 
L.R.A.1915A,  256. 

Does  impaneling  jury  and  proceeding  with 
the  trial,  without  arraigning  defend- 
ant, place  him  in  jeopardy.  27  L.R.A. 
(N.S.)    137. 

Uoos  jeopardy  attach  where  trial  is  begun 
with  unsworn  jury.  40  L.R.A.(N.S.) 
1213. 

Trial  of  insane  person  as  former  jeopardy. 
35  L.R.A.(N.S.)  470. 

Right  to  have  claim  of  former  jeopardy  de- 
termined in  habeas  corpus  proceeding. 
15  L.R.A,(N.S.)   227. 

Collateral  attack  on  former  conviction  or 
acquittal  for  fraud  not  affecting  juris- 
diction.    36  L.R.A.  (N.S.)   985. 

Judgment  in  criminal  action  as  res  judicata 
in  civil  action.     11  L.R.A. (N.S.)    653; 

Judgment  on  voluntary  or  collusive  appear- 
ance as  bar  to  subsequent  prosecution. 
L.R.A.1918A,  1181. 

Increasing  severity  of  punishment  for  sec 
ond  or  subsequent  offense.  34  L.R.A. 
400;  48L.R.A.(N.S.)  204. 

S  60.  Different  offenses  in  same  trans- 
action. 

When  trial  is  stopped  for  purpose  of  prose- 
cution of  higher  or  different  offense. 
44  L.R.A. (N.S.)    617. 

Conviction  or  acquittal  of  one  of  the  sub- 
stantive offenses  embraced  in  a  conE^ir- 
a^y  as  a  bar  to  prosecution  for  an- 
other.    L.R.A.1918A,  588. 

Conviction  or  acquittal  of  offenses  as  a  bar 
to  prosecution  for  homicide  in  com- 
mission of  the  offense.     63  L.R.A.  405. 

Conviction  on  charge  of  assault  as  bar  to 
subsequent  prosecution  for  homicide  fol- 
lowing death  of  victim.  14  L.R.  \. 
(N.S.)   209. 

Acquittal  of  larceny  as  bar  to  prosecution 
for  forgery  in  same  transaction.  4 
L.R.A.(N.S.)    402. 

Conviction  or  acquittal  of  sale  of  liquor  as 
a  bar  to  a  prosecution  for  sales  made 
prior  to  the  first  indictment.  45  L.R.A. 
(N.S.)  977.  • 

Acquittal  or  conviction  upon  a  charge  of 
burglary  or  feloniously  entering  with 
intent  to  steal  goods  of  a  certain  per- 
son, as  a  bar  to  a  subsequent  prosecu- 
tion based  on  the  same  entry,  but 
charging  intent  to  steal  the  property 
of   another  person.     L.R.A. 1915C,   627. 

Former  jeopardy  in  cases  of  sexual  offenses. 
L.R.A.1915A,  256. 

8  61.  Effect  of  pending  appeal. 

Kffect  of  a  pending  appeal  from  a  convic- 
tion upon  its  operation  as  a  bar  to  an- 
other prosecution  for  the  same  offense 
23  L.R.A.  (N.S.)   596. 

Begin  ivith  this  hook  on  every  law  question^ 


(  RIMINAL  LAW,  IV.  d— confd 

§  62.  Conviction  of  lower  degree  as  ac- 
quittal of  liiglier  degree. 

Former  jeopardy  in  retrial  on  higher  charge 
after  setting  aside  verdict  for  lower 
charge.  5  L.R.A. (N.S.)  571;  22  L.R.A. 
(N.S.)    959. 

Effect  of  conviction  of  lower  degree  in  pros- 
ecution for  homicide  as  acquittal  of 
higher  degree.     21  L.R.A,(N.S.)   20. 

§    63.  Di-scharge  of  jury. 

By  reason  of  the  discharge  of  the  jury  in. 
the  prisoner's  absence.     44  L.R.A.  694. 

Effect  of  discharge  of  jury  upon  the  dis- 
covery of  prejudice,  disqualification,  or 
misconduct  of  one  or  more  of  their 
number,  to  sustain  a  plea  of  former 
jeopardy.  14  L.R.A. (N.S.)  548;  L.R.A. 
.    1916E,  1273. 

Discharge  of  jury  because  of  matter  affect- 
ing  witness.     L.R.A.1917D,    1148. 

§  64.  Discharge  for  want  of  prosecu- 
tion. 

Effect  of  second  indictment  or  information 
for  same  offense  after  accused  is  en- 
titled to  discharge  for  want  of  prosecu- 
tion under  first.     11  L.R.A. (N.S.)   257. 

e.  Proof  of  corpus  delicti. 


§   65.  Generally. 

In  general.     68  L.R.A.  33. 
Order  of  proof  immaterial. 
Province  of  court  and  jury. 


68  L.R.A.  79, 
68  L.R.A.  79. 


§   66.  What  constitutes. 

In  general.     68  L.R.A.   34. 

Homicide.     68  L.R.A.  35. 

Larcenv.      68   L.R.A.   40:    28    L.R.A.  (N.S.) 

536;  L.R.A.1916B,  846. 
Arson.    68  L.R.A.  41;  16  L.R.A. (N.S.)  285; 

L.R.A.1916D,   1299. 
Burglary.     68  L.R.A.  41. 
Other  crimes.     68  L.R.A.  41. 
When    proof    of    marriage    necessary.     68. 
L.R.A.  42. 

§67.  Necessity. 

General  rule.     68  L.R.A.  45. 

Arson.     16  L.R.A.(N.S.)   285;  L.R.A.1916D, 

1299. 
Homicide.     68  L.R.A.  35,  46. 
Larcenv.     68    L.R.A.    48;    28    L.R.A. (N.S.) 

536;  L.R.A.1916B,  846. 
Other  crimes.     68  L.R.A,  49;   1916B,  748; 

1916D,  1299. 
To  corroborate  confession.     68  L.R.A.  50. 
False  pretenses.     19  L.R.A.(N.S.)   443. 

§   68.  Character  and  sufficiency. 

General  rule.     68  L.R.A.   57. 

Arson.     L.R.A. 1916D,   1299. 

Homicide.     68     L.R.A.     57,     73,    75-78;     7 

L.R.A.  (N.S.)    181. 
Embezzlement.     L.R.A.1917A,   1289. 
Larcenv.     68    L.R.A.    65;    28    L.R.A.(N.S.> 

.537;  L.R.A.1916B,  846. 
False  pretenses.     19  L.R.A.  (X.S.)    443. 
Other  crimes.     68  L.R.A.  69;   L.R  A.1916B, 

"48. 


INDEX  TO  L.R.A.  NOTES. 


349 


-CRIMINAL  LAW,  IV.  e— cont'd 

Use  of  confession  in  aid  of  otluT  t-vidence 

to  establish.     68  L.R.A.  73. 
N^ecessity  of  direct  or  positive  evidence  of. 

68  L.R.A.  75. 
lividence    of,    tending    to    connect    accused. 

68  L.R.A.  78. 

V.  Offenses  against  diffevent  sovereign- 
ties. 

§   69.  Federal  and  state  or  territorial. 

In  general.     31   L.R.A.  <N.S.)    695. 
Offenses    against    state    and    municipality. 

31  L.R.A.(N.S.)    699. 
Offenses  against  different  states.     31  L.R.A. 

(N.S.)    709. 
Military    and    civil    offenses.      31    L.R.A. 

(N.S.)    710. 
Offenses  against   legislature  and  state.     31 

L.R.A.(N.S.)    711. 
Offenses    against    courts     and    state.      31 

L.R.A.{N.S.)    711. 

§    7  0.   State  and  municipal. 

Power  of  municipality  to  punish  what  i8 
also  an  offense  under  state  law. 
17    L.R.A.(N.S.)    49. 

Right  of  botii  state  and  municipality  to 
convict  of  violation  of  Sunday  clgsing 
laws.     31   L.R.A.(N.S.)    708. 

Validity  of  municipal  ordinance  declaring 
that  all  or  certain  classes  of  offenses 
denounced  by  law  of  state  shall  be 
offenses  also  under  the  ordinance.  26 
L.R.A.  (N.S.)    493. 

F/.  Sentence  and   imprisonment, 
a.  In  general. 

§71.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  194. 

Conviction  and  sentence  as  ground  for  di- 
vorce, see  Divorce  and  Separation, 
§  29. 

Fines  as  punishment,  see  Fines,  §  2. 

Habeas  corpus  to  procure  release  of  one 
improperly  confined,  see  Habeas  Cob- 
pus. 

Constitutionality  of  imprisonment  for  debt, 
see  Imprisonment  foe  Debt. 

Escape  from  prison,  see  Jails  and  Prisons, 
§6. 

Conclusiveness  of  judgment  in  criminal  ac- 
tion, see  Judgment,  §  39. 

Punishment  in  bastardy  proceedings,  see 
Bastardy,  §  5. 

Punishment  for  contempt,  see  Contempt, 
§  13. 

Punishment  for  keeping  disorderly  house, 
see  Disorderly  Houses,  §  4. 

Punishment  for  gambling,  see  Gaming,  §  8. 

Punishment  for  homicide,  see  Homicide,  § 
35. 

Punishment  for  offenses  as  to  intoxicating 
liquor,  see  Intoxicating  Liquors,  § 
35. 

Consult  also  L.R.A.  Digests  of  Cases. 


CRIMINAL  LAW,  VI.  a— cont'd 

Punishment  for  larceny,  see  Larceny,  §  12. 
Punishment   for   maintaining   nuisance,   see 

Nuisances,  §  31. 
Punishment  for  robbery,  see  Robbery,  §  7. 

Defective  or  void  sentence  as  basis  of  plea 
of  former  jeopardy.     L.R.A.1915A,  526. 

Equal  protection  as  to  punishment.  14 
L.R.A.  584. 

Correction  of  verdict  bv  court  to  assess 
punishment.     23  L.R.A.  726. 

Power  to  amend  commitment  or  sentence  by 
increasing  punishment.  40  L.R.A. 
(N.S.)  '90. 

Necessity  of  formal  commitment  to  render 
imprisonment  valid.  38  L.R.A. 
(N.S.)    609. 

Right  to  admit  evidence  of  value  of  goods 
taken  or  sought  to  be  taken  in  prose- 
cution for  burglary  in  order  to  assess 
punisiiment.     34  L.R.A. (N.S.)    249. 

Right  of  accused  to  show  unchastity  of 
prosecutrix  in  statutory  rape  in  miti- 
gation of  punishment.  48  L.R.A. (N.S.) 
278. 

Voluntariness  of  confession  induced  by 
promise  of  mitigation  of  punisiiment. 
18  L.R.A.(N.S.)  820;  50  L.R.A.(N.S.) 
1086. 

Asexualization  or  sterilization  of  criminals. 
L.R.A.1918D,   236. 

§   72.  Of  insane  person. 

Criminal  responsibility  of  insane  person,  see 

supra,  §§  8-10. 
Insanity   commencing  after   commission  of 

criminal  act,  see  supra,  §  42. 

Confinement  of  one  acquitted  of  crime  by 
reason  of  insanity.  1  L.R.A. (N.S.) 
.540;    25  L.R.A. (N.S.)    946. 

Imprisonment  of  insane  person  on  acquittal 
as  cruel  and  unusual  punishment, 
L.R.A.1915C,  565. 

Validity  of  statute  providing  for  commit- 
ment of  inebriates  without  their  con- 
sent, to  a  public  or  private  institution. 
17   L.R.A.(N.S.)    984. 

Power  of  court  to  suspend  sentence  tem- 
porarily on  suggestion  of  insanity.  33 
L.R.A.(N.S.)  116. 

§    73.  Of  infant. 

Punishment  of  infants.     36  L.R.A.  210. 

Commitment  of  minors  to  reformatory  with- 
out conviction  of  crime.  16  L.R.A. 
691. 

§  7  4.  Effect  of  convictions  to  revoke 
liquor  license. 

Constitutionality  of  statute  by  which  con- 
viction of  violation  of  liquor  law  en- 
tails revocation  of  license  and  prohibi- 
tion of  sale  of  liquor.  30  L.R.A. (N.S.) 
1004. 

§    7  5.  Execution  of  death  sentence. 

Homicide  in  execution  of  death  sentence.  67 
L.R.A.  293. 


350 


INDEX  TO  L.R.A.  NOTES. 


CRIMINAL  LAW,  VI.  a— cont'd 

Effect  of  execution  of  insured  for  crime  on 
rijrht  to  recover  life  or  accident  insur- 
ance. 14  L.R.A.(N.S.)  356;  L.R.A. 
1918A,  898. 

Right  oi  executive  oliicer  to  fix  date  of  exe- 
cution in  a  capital  case.  14  L.R.A. 
(N.S.)  268. 

§   76.  Rccominitmnit  or  resentence. 
Power  to  commit  after  expiration  of  term 

of  sentence.    19  L.R.A. (N.S.)  1041. 
Becommitment  without  further  hearing  of 

person  discharged  from  insane  hospital. 

14  L.R.A.(N.S.)    468. 
Power  of  appellate  court  to  resentence  for 

lower  degree  on  reversal  of  conviction 

of    homicide    for    higher    degree.      21 

L.RJl.(N.S.)  20. 

g  77.  Rlglit  to  compel  prisoner  to 
labor. 

The  power,  generally.    27  L.R.A.  593. 
Constitutional  restrictions.     27  L.R.A.  594. 
Necessity  of  express  authority.     27  L.R.A. 

595. 
Exception    when    labor    is    a    part    of    the 

prison  discipline.     27  L.R.A.  596, 
Construction  of  statutes  conferring  the  pow- 
er generally.     27  L.R.A.  597. 
Imposition   for   nonpayment   of   costs.     27 

L.R.A.  ^01. 
Necessity  of  strict  compliance.     27  L.R.A. 

602. 
Delegation  of  the  power,    27  L.R.A.  603. 
Hiring  out  convicts.    27  L.R.A.  604. 
Effect  of  delay  in  execution  of  sentence.    27 

L.R.A.  611. 
Discharge  because  of  inability  to  pav.     27 

L.R.A.  611. 
Remedv  for  improper  imposition.    27  L.R.A, 

612. 
As  cruel  punishment.  35  L.R.A.  566 ;  L.R.A. 

19160,  562. 
Ordinance  a<i;ainst  convict  labor  in  streets. 

39  L.R.A.  680. 


8   7  8.  Cruel   and   unusual   punishment. 
Constitutional     and     statutory     provisions. 

Mi  L.R.A.  r)til. 
(icneral    principles   governing   punishments. 

35  L.R.A.  561;   L.R.A.1915C,  558. 
Nature    of    punishments.     35    L.RJl.    564; 

L.R.A.1915C,  560. 
I'unislnnent     for     particular     crimes.       35 

L.RA.  569;  L.R.A.1915C,  565, 
Extent  of  United  States  Constitution,     35 

L.R.A,  578;  L.R.A.1915C,  570. 
Enhancing  penalty  for  crime  committed  by 

habitual    criminals    or    prior   offenders 

as.    34  L.R.A.  400;  35  L.R.A.  579. 
Asexuali/.ation  or  sterilization  of  criminals 

or    defectives.     41    L.R.A. (N.S.)    419; 

L.R.A.1918D,  236. 


P   79.  Effect  of  excessive  sentence. 
General   rule.     45   L.R.A.    137;    51    L.R.A. 

(N.S.)  373. 
Kffeet  of  application  for  habeas  corpus.    45 

L.R.A.  1.39;  51  L.R.A. (N.S.)  374. 
Begin  xvith  this  booTc  on  every  law  question. 


CRIMINAL  LAW,  VI.  a— cont'd 

Effect  on  appeal,  or  on  writ  of  error.     45 

L.R.A.  150;  51  L.R.A. (N.S.)   38L 
On  certiorari.     45   L.R.A.   158;    51   L.R.A. 

(N.S.)  388. 
English,  Canadian,  and  Philippine  decisions. 

45  L.R.A,  159;  51  L.R.A.(N.S.)  389. 

§   80.  Cumulative    sentences. 

Power  to  impose  generally.  7  L.R.A.  (N.S.)- 
124. 

Necessity  of  specifying  that  sentences  are 
cumulative.     7   L.R.A. (N.S.)    126. 

Sufficiency  and  effect  of  specifications.  7 
L.R.A.(N.S.)   126, 

Sufficiency  of  single  judgment  or  sentence. 
7  L,R.A.(N.S.)    127. 

As  affected  bv  deduction  of  time  for  good  be- 
havior. "7  L.R.A. (N.S.)    128. 

Effect  of  reversal  or  invalidity  of  first  con- 
viction.    7  L.R.A. (N.S.)    128. 

Cumulative  penalties  for  offense  under  both 
municipal  ordinance  and  state  statute. 
17  L.R.A.(N.S.)  65. 

§   80a.  Indeterminate  sentence. 

As  cruel- and  unusual  punishment.  L.R.A. 
1915C,  560. 

§   81.  Reduction  of  term   for  good  be- 
.havior. 

Suspension  of  sentence  for  good  behavior. 
14  L.R.A.  285. 

Constitutionality  of  statutory  credits  for 
good  behavior.     1  L.R.A. (N.S.)   520. 

Constitutionality  of  statutes  providing 
therefor.     34  L.R.A.  509. 

Construction  and  effect  of  statutes.  34 
L.R.A.  510. 

Cumulative  sentences  as  affected  by  de- 
duction of  time  for.  7  L.R.A. (N.S.) 
128. 

Time  allowance  to  prisoner  whose  sentence 
has  been  commuted  from  life  to  a 
term  of  years.     L.R.A.1915B,  95. 

§   82.  Place  of  imprisonment. 

Designation  of  wrong  place  of  imprison- 
ment as  ground  for  discharge  upon 
habeas    corpus,  '  13   L.R,A, (N.S. )    518. 

Delegation  of  power  to  determine  place  of 
confinement  of  prisoners  committed  for 
crime.     42  L.R.A. (N.S.)    978. 

§  83.  Enhancing  penalty  when  crime 
committed  by  habitual  criminals  or 
prior  offenders. 

Validity    of    statutes    and    ordinances.      34 

L.R.A.   398;    24   L.R.A.(N.S.)    432;    48 

L.R.A.(N.S.)  204. 
Construction    and    effect    of    statutes.      34 
L.R.A.  400:   24  L.R.A. (N.S.)    433. 
Identity    of    offenses.      34    L.R.A.    404;    24 

L.R.A.(N.S.)  434;  48  L.R.A. (N.S.)  205. 
Necessity  of  alleging  former  conviction,     48 

L,R.A.(N.S.)   205. 
Pleas.      34    L.R.A.    405;    48    L.R.A.(N.S.) 

206. 
Time    of    conviction    of    first    offense.     48 

L.R.A.(N.S.)   206. 
Proof.      34    L.R.A.-   406;    48    L.R.A. (N.S.) 

206. 


INDEX  TO  L.R.A.  NOTES. 


351 


CRIMINAL  LAW,  VI.  a— cont'd 
Availability  of  same  convictions  for  different 

prosecutions.     48  L.R.A.(N.S.)    207. 
Verdict  and  judgment.     34  L.R.A.  407;   48 

L.R.A.(N.S.)   207. 
Miscellaneous.     48  L.R.A.  (N.S.)   207. 
Increased  punishment  for  second  offense  as 

cruel    and    unusual     punislnnent.       35  ' 

L.R.A.  579. 

§   84.  Suspension   of  sentence. 

Power  of  court  to  suspend  sentence  or  stay 
execution  of  sentence.  33  L.R.A. (N.S.) 
112;  39  L.R.A.  (N.S.)  242;  L.R.A. 
1915C,    n&9;    L.R.A.1918C,    551. 

What  is  "good  behavior"  within  condition  of 
suspended  sentence.     L.R.A.1918D,  697. 

Effect  of  suspension  of  sentence  upon  right 
to  vote.     18  L.R.A. (N.S.)   684. 


6.  JParole;  pardon. 

§   85.  Genei-ally. 

Validity  of  contract  to  procure  pardon, 
parole  or  commutation  of  sentence. 
L.R.A.1916D,  580. 

Constitutionality  of  restrictions  upon  gov- 
ernor's pardoning  power.  L.R.A.1915F, 
519. 

Power  of  court  to  inquire  into  the  motives 
of  the  governor  in  exercising  the  par- 
doning power.     52  L.R.A. (N.S.)    113. 

Pardon  by  lieutenant  governor  or  governor 
pro  tem.     47  L.R.A.  (N.S.)    1036. 

Right  to  recall  pardon.  22  L.R.A. (N.S.) 
238. 

Power  of  municipal  authorities  to  remit 
penalties  or  punishment  for  violation 
of  municipal  ordinances.  38  L.R.A. 
(N.S.)    106. 

Voluntariness  of  confession  induced  by 
promise  of.     18  L.R.A. (N.S.)    823. 

§   86.  Parole;  conditional  pardon. 

Prisoner  under  parole  as  fugitive  subject  to 
extradition.      51    L.R.A.  (N.S.)     672. 

Constitutionality  of  statutes  establishing 
parole  system.     L.R.A.1915F,  531. 

Conditional  jpardons  and  parole  of  prisoner. 
14  L.R.A.  285. 

Power  to  impose  in  pardon  conditions  ex- 
tending beyond  term  of  sentence.  5 
L.R.A. ( N.S'.)  1064;  20  L.R.A. (N.S.) 
337;    26    L.R.A. (N.S.)     110. 

Is  time  prisoner  is  out  on  parole  or  condi- 
tional pardon  to  be  deducted  from  term 
of  sentence.     16  L.R.A. (N.S.)    304. 

Release  on  parole  as  affecting  right  to 
habeas  corpus.     35  L.R.A. (N.S.)   882. 

Revocation  for  condition  broken,  of  condi- 
tional pardon  or  parole,  without  notice 
or  hearing.    L.R.A.1915F,  541. 

One  on  ])arole  under  conviction  in  the 
asylum  state  as  subject  to  extradition. 
L.R.A.1918D,  680. 

§   87.  Legislative  power  to  grant. 

After  conviction.  34  L.R.A.  251. 
Before  conviction.  34  L.R.A.  252. 
Incidental    or    implied    pardon.      34    L.R.A. 

254. 
Consult  also  L.R.A.  Digests  of  Cases. 


CRIMINAL  LAW,  VI.  b— cont'd 
§   88.  Effect  of  pardon. 

Effect  of  pardon  granted  after  verdict  and 
before  sentence,  or  pending  appeal. 
L.R.A.1917B,  570. 

Pardon  or  commutation  of  sentence  as  af- 
fecting competency  of  witness  convicted 
of  crime.     47  L.R.A.  (N.S.)   206. 

Pardon  or  commutation  as  affecting  proof 
of  conviction  to  impeach  credibility  of 
witness.    47  L.R.A. (N.S.)  215. 

Pardon  as  affecting  enhanced  punisiiment 
for  later  offense.  34  L.R.A.  402;  24 
L.R.A.(N.S.)   435. 

Effect  of  pardon  or  commutation  of  sen- 
tence on  conjugal  rights.  7  L.R.A. 
(N.S.)   272. 

Effect  of  pardon  on  right  to  disbar  attorney 
convicted  of  felony.  16  L.R.A. (N.S.) 
272. 

Effect  of  pardon  of  husband  or  wife  upon 
marriage  relation.     31  L.R.A.  519. 

Effect  of  pardon  on  civil  liability  for  libel 
or  slander.  21  L.R.A.  503;  31  L.R.A. 
(N.S.)    147. 

§   89.  — on   fine,   forfeiture,  or  costs. 

On  fines  and  forfeitures.     15  L.R.A.  395. 
On  costs.     15  L.R.A.  396;   43  L.R.A.(N.S.) 
207. 

VII.  Record;    validity    of   conviction. 

§  90.  Generally. 

Failure  of  record  to  show  that  grand  jury 
was  sworn.     49  L.R.A. (N.S.)    1215. 


CRIMINAL  LIABILITY. 

See  Criminal  Law,  III. 


^•» 


CRIMINAL  NEGLIGENCE. 

See  Criminal  Law,  §  30;  Homicide,  §  15. 

• ♦*-♦ 

CRIMINALS. 

In  general,  see  Criminal  Law. 
Competency  of,  as  witness,  see  Witnesses, 
§  10. 


CRIMINATION  OF  SELF. 

See  Criminal  Law,  §§  49-53. 


CRIPPLE. 


Duty  of  carrier  to  accept  sick  or  disabled 
passenger,  see  Carriers,  §  40. 


352 


INDEX  TO  L.R.A.  NOTES. 


(RITICISM. 

Libel  by,  see  Libkl  and  Slander,  §  15. 

Of  decision  or  opinion  after  case  has  been 
determined  as  contempt  or  ground  for 
disbarment.      17   L.R.A.(N.S.)    572. 

Personal  criticism  of  or  insult  to  court 
because  of  decision  after  determination 
of  cause  as  ground  for  contempt  or 
disbarment.     17  L.R.A.(N.S.)   585. 


CROPPERS. 


As  tenants.     4  L.R.A.(N.S.)    698. 

Lew  on  cropper's  share  of  crops.  23  L.R.A. 
'  260. 

Persons  cultivating  land  on  shares  as  inde- 
pendent   contractors.      65    L.R.A.    469. 

Measure  of  damages  for  breach  of  cropping 
contract.    L.R.A.1918B,  1056. 

Measure  of  damages  for  forcing  from  prem- 
ises.     38    L.R.A.(N.S.)    714. 

Cropper's  abandonment  of  crop  as  affecting 
rights  and  interests  therein.  46 
L.R.A.  (N.S.)  53. 

Right  of  cropper  to  maintain  replevin  for 
crops.    L.R.A.1917C,  1114. 

Right  of  cropper  to  sell  or  mortgage  crops. 
L.R.A.1917C,  33. 


CROPS. 

§   1.  Generally. 

Agreement  as  to,  within  statute  of  frauds, 
see  Contracts,  §  44. 

Measure  of  damages  for  injury  to,  see  Dam- 
ages. §  74. 

Relief  as  to.  in  ejectment,  see  Ejectment, 
§  12. 

Exemption  of  crops  grown  on  homestead, 
see  Homestead,  §  6. 

On  public  land,  see  Public  Lands,  §§  9,  10. 

Specific  performance  of  contract  as  to. 
L.R.A.1918E,  625. 

Injunction  to  prevent  interference  with  land 
during  seeding  or  harvesting  time. 
L.R.A.1918B,  413. 

Does  guaranty  of  value  of  crops  constitute 
insurance.     47  L.R.A.(N.S.)    296. 

Time  allowed  tenant  for  removal  of  crop. 
35  L.R.A.(N.S.)    707. 

Crops  grown  on  homestead,  or  proceeds 
thereof,  as  exempt.  32  L.R.A. (N.S.) 
577. 

When  may  notice  of  application  for  appoint- 
ment of  receiver  of  growing  crop  be 
dispensed  with.     11  L.R.A. (N.S.)    960. 

Validity  and  construction  of  statutory 
regulations  as  to  infected  crops.  43 
L.R.A.(N.S.)    1080;    L.R.A.1915F,   894. 

As  subject  of  larceny.  49  L.R.A.(N.S.) 
966,  969. 

§  2.  Right  or  title  to. 

Tenant's   rights   as   to,   see  Landlord  and 

Tenant,  §  52. 
Right  to,  as  between  vendor  and  purchaser, 

see  Vendor  and  Purchaser,  §  8. 


CROPS— cont'd 

Right  of  lessee  of  life  tenant  to,  on  death 
of   latter.     11   L.R.A. (N.S.)    688. 

In  case  of  estate  by  entireties.  30  L.R.A. 
308. 

Right  as  between  successful  plaintiff  and 
evicted  defendant  to  crops  unsevered 
at  time  of  final  judgment.  23  L.R.A, 
(N.S.)  531. 

Right  of  one  who  buys  or  makes  lawful 
entry  on  public  land  to  crops  placed 
thereon  by  another.     70  L.R.A.  799. 

Right  to  vegetation  growing  in  liigliway. 
33  L.R.A.(N.S.)   1053. 

Title  by  accession  to  crops  wrongfully  sev- 
ered.    32  L.R.A.  422. 

Title  of  mortgagee  of  future  or  growing 
crops.    L.R.A.1917C,  11. 

Rights  and  remedies  of  owner  of  land  in 
respect  of  crops  grown  thereon  by  one 
not  in  privity  with  him.  L.R.A.1918A, 
550. 

§   2a.  Abandonment  of. 

Tenant's  or  cropper's  abandonment  of  crop 
as  affecting  rights  and  interests  there- 
in.    46  L.R.A.(N.S.)   53. 

§   3.  I/evy  on. 

Levy  on,  see  Levy  and  Seizure,  §  9. 

§  4.  Lien  on. 

Chattel  mortgage  on  crops,  see  Chattel 
Mortgage,  §  11. 

Attempt  to  enforce  lien  under  clause  in 
lease  giving  landlord  lien  on  crops  as 
election  to  prevent  its  enforcement  as 
a  chattel  mortgage.  20  L.R.A.(N.S.) 
259. 

§   5.  Sale  of. 

Statute  of  frauds  as  to,  see  Contracts,  § 
44. 

Sale  of  future  crops.  23  L.R.A.  449 ;  L.R.A. 
1917C,  8. 

Contract  for  crops  to  be  raised,  as  a  sale. 
14  L.R.A.  233. 

Sufficiency  of  designation  of  part  of  grow- 
ing crops  for  purposes  of  sale.  2Ci 
L.R.A.(N.S.)    30. 

Must  contracts  for  sale  of  growing  crops  be 
in  writing.  23  L.R.A.(N.S.)  1218; 
L.R.A.1917C,  20. 

§   6.  Replevin  or  trover  for. 

Right  of  tenant  or  cropper  to  maintain  re- 
plevin for  crops.     L.R.A.1917C,  1114. 

Right  to  maintain  replevin  for  several  crops 
by  or  against  one  in  adverse  posses- 
sion of  land.     69  L.R.A.  737. 

Trover  for  crops.     23  L.R.A.  471. 

Jurisdiction  of  action  for  conversion  of, 
from  land  in  another  state  or  country. 
26  L.R.A.(N.S.)  940;  34  L.R.A. (N.S.) 
994;  44  L.R.A.(N.S.)  268. 


CROSS, 


Insurable    interest    in.      L.R.A.1917A,    485.    Tn  marking  of  ballot,  see  Elections,  §  21. 
Begin  itHth  thin  hooh-  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


353 


CROSS   APPEALS. 

Conclusiveness  of  prior  decisions  on  appeal 
as  to,    34  L.R.A.  335. 

♦-•-♦ 


CROSS  BILLS. 


See  Pleading,  §  39. 


♦  »» 


CROSS    ERRORS. 


See  Appeal  and  Ereob,  §  23c. 


♦<-♦ 

CROSS-EXAMINATION. 

Of  witnesses,  see  Witnesses,  §§  31-38. 


CROSSING. 


Liability  of  owner  of  vacant  property  per- 
mitting it  to  be  used  in  such  a  way  as 
to  attract  crowds  to  injurv  of  neighbor- 
hood.    11  L.R.A.(N.S.)   463. 

Assault  with  intent  to  murder  or  kill  by 
shooting  into  crowd.  37  L.R.A.  (NS) 
173. 

Permitting  hostile  crowd  in  court  room  as 
denial  of  fair  trial.  39  L.R.A. (NS) 
667. 

Proximate  cause  of  injury  where  one  person 
is  pushed  against  another.  L.R.A 
1917E,  275. 


CROWN. 

Crown  grants  in  America  of  right  to  fish. 
60  L.R.A.  489. 


CRUDE  OIL. 


As  to  railroad  crossing,  see  Railkoads,  §§    EfiFect  on  rights  of  innocent  mortgagee  of 
29-33,   58-65,   81-84.  seizure   of   oil   under    internal   revenue 

laws.     L.R.A.1916E,  352. 

*  •*  Keeping  of,   on   insured   premises.     L.R.A. 

1917C,  278. 
CROSSING  OUT. 

Alteration  pf  instrument  by  crossing  out 
material  provision  without  substituting 
new  matter.    32  L.R.A.(N.S.)  519. 


^•» 


CROSSWALKS. 


Duty    to    remove    snow    or    ice    from.      20 

L.R.A.  (N.S.)      656;     39     L.R.A.(N.S.) 

1167. 
Liability  of  municipality  for  injuries  from 

unovenneps    in    crosswalk.      29    L.R.A. 

(N.S.)    180;    20  L.R.A. (N.S.)    613;    43 

L.R.A.(N.S.)   1158. 


CRUEL  AND  UNUSUAL  PUNISH- 
MENT. 

See  Cbiminal  Law,  §  78. 


CRUELTY. 


CROWBARS. 


Master's  liability  for  injury  by  defect  in. 
13  L.R.A.  (N.S.)  680. 


CROWD. 


overcrowded    cars. 


To  animals,  see  Animals,  §  23. 

As  ground  for  divorce,  see  Divorce,  §  25. 

Evidence  of  fellow  servant's  cruelty,  in  ac- 
tion by  injured  servant.  14  L.R.A. 
(N.S.)    772. 

Of  husband  or  wife,  insanity  as  affecting. 
34  L.R.A.  164. 

Effect  of,  on  parent's  right  to  custody  of 
child.     41   L.R.A.(N.S.)    590,  604. 


Carrier's    liability    for 
see  Carriers,  §  74. 
See  also  Crush. 

Liability  of  carrier  for  personal  injury  to 
passenger  by  crowd  at  station  or  stop- , 
ping   place.      32   L.R.A. (N.S.)    470. 

Dutv  of  carrier  to  pijtect  live  stock  from 
injury  by  crowding.  39  L.R.A. (N.S.) 
642. 

Consult  also  L.R.A.  Digests  of  Cases.    23 


CRUSH. 

See  also  Crowd. 

Injury  by  crush  in  entering  car  at  elevated 
or  subwav  station.  7  L.R.A.(N.S.)  j 
729;  51  L.R.A.(N.S.)   1152.  1 


CULM. 


Burning  culm,   as  a 
(N.S.)  244. 


nuisance.     48  L.R.A.^ 


854  INDEX  TO  L.R.A.  NOTES. 

CULTIVATION.  CURATIVE  ACT. 


As  condition  of  patent  under  Federal  home- 
stead  entry.     42   L.R.A.(N.S.)    752. 


CULVERTS. 


Municipal  liability  for  overflow  through  in- 
sufficiency of.     59  L.R.A.  855. 

As  defect  in  highway  for  which  township 
is  liable.     13  L.R.A.(N.S.)    1246. 

Necessity  of  notice  to  purchasing  railroad 
company  to  construct,  where  road  was 
originally  constructed  without  them. 
12  L.R.A.  (N.S.)    571. 

Duty  of  railroad  to  fence  as  requiring  bar- 
rier across  culvert  or  under  bridge. 
6  B.  R.  C.  182. 

Duty  of  railroad  company  to  maintain  safe- 
fjuards  to  prevent  employees  from  fall- 
ing off  or  through  culverts.  50  L.II.A. 
(N.S.)    549. 


♦  •» 

OUafBERLAND   CHURCH. 

See  Reuqious  Societies. 

*—* 

CUMULATIVE  DIVIDENDS. 

On   preferred   stock,   see   Cobpobations,    § 
100. 


CUMULATIVE  EVIDENCE. 

As  ground  for  new  trial,  see  New  Tbial, 

§  n. 


CUMULATIVE  FINES. 

In  loan  association.     35  L.R.A.  219. 


CUMULATIVE  PENALTIES. 

For  failure  of  carrier  to  provide  separate 
accommodations  for  white  and  colored 
persons.     L.R.A.1917B,  548. 


CUMULATIVE  REMEDIES. 

Certiorari  and  appeal.     50  L.R.A,  793. 


CUMULATIVE  SENTENCE. 


In  general,  see  Constitutional  Law.  §§ 
9,  10. 

Statutes  legalizing  invalid  municipal  con- 
tracts, see  Municipal  Cobpobations, 
§  50. 

Power  to  cure  unconstitutional  act  by 
amendment,  see  Statutes,  §  30. 

Effect  of  curative  statute  on  efTect  of  inser- 
tion of  miauthorized  provisions  in 
statutory  bond.     L.R.A.1917B,  997. 


CURATIVE  DEED. 


Curing  statutory  defects  in  map  or  plat  by 
conveyance  with  reference  to  it.  42 
L.R.A.(N.S.)    587. 


CURATOR  AD  HOC. 

Admissions  and  waivers  by.    32  L.R.A.  686, 


CURRENCY. 


Meaning  of  term.     31  L.R.A.  (N.S.)  240. 
Special   contracts   and  obligations  to  make 

payments  in  gold  or  silver.     29  L.R.A. 

512. 
Validity  of  contract  for  token  currency  in 

violation  of  statute.     12  L.R.A. (N.S.) 

610. 
Character  of  condition  of  currency  tendered 

in   payment  of  fare.     35  L.R.A.  (N.S.) 

1030. 


CURRENT  EXPENSES. 

As  an  indebtedness  within  municipal  limi- 
tation of  indebtedness.     23  L.R.A.  406. 


CURSING. 

As  disturbance  of  public  peace. 
(N.S.)  505. 


32  L.R.A. 


CURTESY. 


f^ee    Criminal   Law,   §   80. 

licfjiu  xritli  thin  boolc  on  every  Intc  question. 


8    1.  Generally. 

Constitutionality  of  statutes  as  to.  see  Con- 
stitutional Law,  §  65. 

Succession   tax  upon.     L.R.A.1916C,   675. 
Bar  of   curtesy  by  adverse  possession.     52 

L.R.A.(N.S.)'535. 
Adverse   possession   against  tenant  by  the 

curtesy  and  remainderman.     19  L.R.A, 

841. 
Right  of  alien  to  take  estate  by,  under  alien 

statutes.     7  L.R.A. (N.S.)   659. 


INDEX  TO  L.R.A.  NOTES. 


355 


CURTESY— cont'd 

Effect  upon  curtesy  of  death  of  issue  before 

seisin  by   wife.     20  L.R.A.(N.S.)    825. 
Power  of  legislature  to  destroy.     19  L.R.A. 

256. 

§   2.  In  what. 

To  what  estate  tenancy  by  the  curtesy  at- 
taches.    11  L.R.A.  826. 

Right  of  curtesy  in  determinable  fee.  20 
L.R.A.  (N.S.)    858. 

Curtesy  in  equity  of  redemption.  20  L.R.A. 
(N.S.)  454. 

Right  of  tenant  by  the  curtesy  in  partner- 
ship real  estate.    27  L.R.A.  340. 

Husband's  right  of  curtesy  in  property  con- 
veyed by  him  to  his  wife.  69  L.R.A. 
375;  23  L.R.A.(N.S.)  776. 

§   3.  Rights  of  tenant  by. 

Rights  of  husband  as  tenant  by  the  curtesy 
initiate.    L.R.A.1915D,  996. 

Right  of  tenant  by  curtesy  to  contest  wife's 
will.     L.R.A.1918A,  466. 

Mineral  riglits  of  tenant  by.  36  L.R.A. 
(N.S.)    1099. 

Rights  of  tenant  by,  as  to  oil  and  gas.  36 
L.R.A.(N.S.)    1108. 

Curtesy  rights  as  affecting  marketability 
of  title.     38  L.R.A.(N.S.)    33. 

Husband's  insurable  interest  in  wife's  prop- 
erty as  tenant  bv  the  curtesy.  66 
L.R.A.  659;   45  L.R.A.(N.S.)    liSl. 

§   4.  Ijevy  on  property  held  by. 

Levy  on  estate  by.     23  L.R.A.  648. 
As  subject  of  attachment  or  levy  on  execu- 
tion.    30  L.R.A. (N.S.)    118. 

§   5.  Tax  on  land  held  by. 

Effect  of  tax  sale  of  land   held  by  tenant 

by  curtesy.     32  L.R.A.  808. 
Duty  of  tenant  by,  to  pay  taxes.    32  L.R.A. 

748. 
Succession  tax  on  curtesy.    29  L.R.A. (N.S.) 

428. 


CURTILAGE. 


Constitutional  or  statutory  exemption  of 
dwelling  house  from  condemnation  pro- 
ceedings as  including  the  curtilage. 
L.R.A.1916A,  1102. 


CURVES. 

Discharging  street  car  passenger  on.    L.R.A. 

1915C,  609. 
Presumption   of  negligence   from   injury  to 

passenger    while    passing    over    curve. 

13  L.R.A. (N.S.)    615;   29  L.R.A. (N.S.) 

815;  L.R.A.1916C,  376. 
Consult  also  L.R.A.  Digests  of  Cases. 


CUSTODIAN. 

Tender  of  railroad  fare  by.    31  L.R.A.  ( N.S. ) 

995;  L.R.A.1915E,  313. 
Ejection  of,  for  nonpayment  of  child's  fare. 

38  L.R.A.  140. 
Liability  of,  for  assault  by  punishment  of 

child.    21  L.R.A.(N.S.)  216. 


CUSTODY. 


Of    children    of    divorced    persons,    see    Di- 
vorce AND  Separation,  §§  55,  56. 
Of  infant  generally,  see  Infants,  §§  6-10.' 

Of  convicts  compelled  to  labor.  27  L.R.A. 
609. 

Of  holographic  will.     37  L.R.A. (N.S.)    842. 

Uncontradicted  statement  in  presence  of  ac- 
cused while  in  custody  as  confession  or 
admission.  25  L.R.A.(N.S.)  558;  42 
L.R.A.(N.S.)    892. 


CUSTODY  OF  LAW. 

§   1.  Generally.  ^  '.' 

Money  in  court,  see  Money  in  'Coubt. 
Replevin    of    property    in,    see    Replevin, 
§§  9,  10. 

Maritime  lien  on  vessel  in  custody  of  law. 
70  L.R.A.  391. 

Effect  of  property  being  in  custodia  legis  on 
right  to  enforce  payment  of  delinquent 
taxes.     17  L.R.A.(N.S.)   465. 

Mandamus  to  compel  oflScer  to  dispose  of 
property  as  directed  by  court.  31 
L.R.A.  (N.S.)   664. 

Failure  or  refusal  to  deliver  to  trustee 
money  or  property  belonging  to  bank- 
rupt in  custody  of  law  as  contempt  of 
court.     23  L.R.A. (N.S.)   261. 

§   2.  Seizure  or  sale  of  property  in. 

Right  to  sell  property  while  in  custody  of 
law.     1  L.R.A.(N.S.)    1055. 

Claiming,  or  ta-king  possession  of,  property 
from  officer  who  has  seized  it  under  a 
writ.     47  L.R.A.(N.S.)    1146. 

§   3.  — judicial  seizure  or  sale. 

Liability  of  property  in,  to  levy,  see  Levy 
AND  Seizure,  §§  6,  7. 

Right  to  garnish  or  attach  proceeds  of 
execution  sale  in  the  hands  of  the  sher- 
iff.    43  L.R.A.(N.S.)   571. 

Equitable  remedy  to  subject  property  in,  to 
judgment  after  return  of  no  property 
found.     63  L.R.A.  673. 

Injunction  against  execution  sale  of  prop- 
erty in.     30  L.R.A.  103. 


CUSTOM  AND  USAGE. 

§    1.  Generally. 

Judicial  notice  of,  see  Evidence,  §  8. 
Parol  evidence  as  to,  see  Evidence,  §  16L 


SM 


INDEX  TO  L.R.A.  NOTES. 


CUSTOM  AND  USAGE— cont'd. 
Admissibility   of   evidence   as   to,   see   Evi- 
dence, §  247. 

Admisbibility    of    evidence    of    custom    to 

create  an  exception  to  written  contract. 

3  L.R.A.(N.S.)  248. 
To  notify  consignor  of  consignee's  refusal  to 

accept   goods   or   pay    freight.     L.R.A. 

1917C,  1127. 
That  grantee  or  successor  in  interest  shall 

contribute  to  cost  of  party  wall.     66 

L.R.A.  702. 
To  permit  fall  of  land  by  removal  of  lateral 

or  subjacent  support.     68  L.R.A.  693. 
Effect  of  street  car  using  tracks  contrary 

to  custom  on  liability  for  collision.     42 

L.R.A.(N.S.)    1194. 
Effect  of,  on  question  of  right  of  way  as 

between  street  car  and  vehicle  at  point 

where  streets  bisect  or   intersect.     49 

L.R.A.(N.S.)  512. 
Effect  of,  to  empower  agent  to  employ  sub- 
agent.     L.R.A.1918F,  727.  ^ 
Effect  of  custom   or  usage  on   liability  of 

one  accused  of  larceny  who  claims  to 

have  taken  the  property  in  good  faith. 

41   L.R.A.(N.S.)    554. 
Divorce   according   to   Indian    custom.      35 

L.R.A.(N.S.)   795;  L.R.A.1917D,  574. 
Proof  of  astency  by  evidence  of  similar  acts 

by  alleged  agent.     17  L.R.A. (N.S.)  219. 
Right  of  witness  to  express  opinion  as  to 

habits  or  conduct.     L.R.A.1918A,  678. 

§   2.  As  to  negligence. 
Of  servant,  see  infra,  §  4. 

Admissibility  of  evidence  of,  on  question  of 
negligence  or  contributory  negligence. 
10   L.R.A.   366;*   41  L.R.A.(N.S.)    683. 

Admissibility  of  evidence  as  to  habits  or 
custom  of  one  injured  or  killed  on  the 
question  of  his  own  negligence  or  free- 
dom from  negligence.  L.R.A.1916B, 
827. 

Of  person  injured,  as  affecting  recovery 
from  one  negligently  causing  the  in- 
jury.    48  L.R.A.  (N.S.)    119. 

Right  of  one  on  railroad  track  to  rely  on 
custom  to  move  trains  on  certain  track 
onlv  in  one  direction.  L.R.A.1916D, 
706. 

Effect  of  custom  or  habit  on  contributory 
negligence  in  attempting  to  cross  train 
standing  on  a  crossing.  13  L.R.A. 
(N.S.)    1068. 

Effect  of  custom  or  habit  on  duty  towards 
person  attempting  to  cross  train  ob- 
structing crossing.  13  L.R.A.  (N.S.) 
1076. 

Evidence  of  habits  of  person  injured  or 
killed  as  affecting  damages.  1  L.R.A. 
(N.S.)   198. 

Effect  of  custom  giving  fire  apparatus  right 
of  way  over  street  cars.  19  L.R,A. 
(N.S.)    626;   L.R.A.19nE,  419. 

8  3.  Of  master  or  servant. 

Duty  to  give  clearance  card  when  uniform 
custom  to  do  so  is  shown.  62  L.R.A. 
928. 

Begin  \cith  this  book  on  every  late  question. 


CUSTOM  AND  USAGE— cont'd. 
§   4.  —as  to  negligence. 

Habitual  practice  of  employee  as  substitute 
for  rule.     43  L.R.A.  316. 

As  affecting  duty  of  master  to  promulgate 
rules.     43  L.R.A.  311. 

As  measure  of  master's  duty  to  guard  ma- 
chinery.    16  L.R.A.(N.S.)    140. 

Inference  of  employee's  authority  to  expel 
trespassers  from  practice  of  doing  so. 
34  L.R.A. (N.S.)   693. 

Evidence  of  specific  instances  of  habit  of 
servant  for  carelessness,  disobedience 
and  intemperance.  14  L.R.A.  (N.S.) 
768. 

Failure  of  master  to  pi'event  practice  by 
employees  not  in  performance  of  any 
duty  owed  to  him  as  ground  of  lia- 
bility.    32  L.R.A.  (N.S.)    1038. 

Contributory  negligence  as  allected  by  il- 
legal or  negligent  custom  of  servants. 
47  L.R.A.(N.S.)   909. 

§  5.  As  to  cutting  timber. 

Custom  of  estate  as  to  life  tenant's  cutting 
timber  for  sale.     37  L.R.A. (N.S.)    768. 

§   6.  —on  public  land. 

As  to  right  to  cut  timber  on  public  land. 
70  L.R.A.  878. 


§   7.  Of  banks. 

Banking  customs.     21  L.R.A.  440. 

Validity  of  custom  to  send  paper  to  drawee 

for  collection.     2  L.R.A.(N.S.)   194;  52 

L.R.A. (N.S.)    649. 
Payment  of  former  bills   drawn  by   agent 

without  authority  as  ground  of  implied 

authority   to   draw    others.     34    L.R.A. 

(N.S.)    440. 
Effect  of  banking  customs   and  usages  on 

liability  of  collecting  bank  for  default 

of  correspondent.    52  L.R.A.(N.S.)  637. 
Effect  of  clearing-house  rules  and  customs. 

25  L.R.A.  830. 
Rule  or  custom  of  clearing-house  relating 

to  time  for   presentation  of  checks  as 

affecting    liability    of    collecting    bank. 

50  L.R.A.(N.S.)    542. 

§   8.  Of  carriers. 

As  to  allowing  stop  over.     28  L.R.A.  776. 
As   affecting   liability   of   baggage   transfer 

company.    34  L.R.A.  140;  L.R.A.1916D, 

1205. 


§   9.  As  to  waters  and  water  rights. 

As    to    prior    appropriation    of    water.     30 

L.Pv.A.   669, 
As    to    right   of   way   on    shore.     4    L.R.A. 

(N.S.)    880. 
Effect  of  custom,  on  right  to  erect  wharves. 

40  L.R.A.  638. 
Long  usage  as  determining  navigability  of 

waters.     42  L.R.A.  321. 

g    10.  —as  to  Ashing. 

Prescriptive   right   to   fish   by   custom.     60 
L.R.A.  498. 


INDEX  TO.L.R.A.  NOTES. 


357 


CUSTOM  AND  USAOE— cont'd. 
§   11.  Of  real  estate  brokers. 

As  aflfecting  performance  of  real  estate 
broker's  contract.     44  L.R.A.  '600. 

As  to  receipt  of  double  commissions  by 
real  estate  broker.  45  L.K..A.  48:  34 
L.R.A.(N.S.)    1047. 

§    12.  Insurance  cases. 

Representations  as  to  habits  of  insured,  see 
Insurance,  §§  97,  98. 

As  affecting  waiver  by  officer  of  subordi- 
jiate  lodge  of  forfeiture  for  nonpay- 
ment of  assessments.  38  L.R.A.  (N.S.) 
573;  L.R.A.  1915E,  154. 

To  pay  certain  class  of  losses  as  aflfecting 
liability  of  insurer  for  such  a  loss  not 
covered  by  the  policy.  19  L.R.A, (N.S.) 
421. 

Effect  of  custom  to  give  insured  notice  of 
maturity  of  premium  where  insured  is 
not  otherwise  entitled  to  notice.  20 
L.R.A.(N.S.)    1037. 

Effect  of  custom  to  keep  certain  articles  in 
such  stocks  of  goods  as  those  insured  on 
prohibition  in  insurance  policy  against 
keeping  of  such  articles.  L.R.A.1917C, 
278. 


§   13.  How  proved. 

Admissibility  of  books  of  account  to  prove. 
52  L.R.A.  708. 


CUSTOMERS. 


Conspiracy  to  divert,  see  Conspibact,  II. 
Duty    of    storekeeper    towards,    see    Stobe- 

KEEPEB,   §   1. 

Liability  for  injury  to  clothing  worn  by. 
43  L.R.A.(N.S.)    328. 

Loss  of,  as  element  of  damages  from  ob- 
struction of  highway.  13  L.R.A. (N.S.) 
253. 

Applicability  of  rule  res  ipsa  loquitur  as 
between  storekeeper  and  customer.  16 
L.R.A.(N.S.)  931. 


CUSTOMERS  —cont'd. 

Right  of  vendor  of  business  and  good  will 

to   solicit   customers    from   patrons    of 

business  sold.     19  L.R.A.(N.S.)  767. 
Right  of  municipality  owning  electric  light 

plant  to  supply  private  customers.     15 

L.R.A.  713. 
Liability   of   individual   in   absence   of   any 

element  of  conspiracy  for  driving  away 

another's   customers.     22   L.R.A.(N.S.) 

1224;  L.R.A.1915B,  1180. 


CUSTOM  OF  LONDON. 

As  to  actionability  in  charging  woman  with 
unchastity.  24  L.R.A.(N.S.)  597; 
48  L.R.A.(N.S.)  615. 


CUSTOMS  DUTIES. 

See  Duties. 


CUTTING  TIMBER, 

Right  as  to,  see  Timbeb,  §§  6,  7. 


CYC. 


See  Encyclopedia. 


CYCLONE. 


Causes  of  loss  covered  by  cyclone  insurance. 
L.R.A.1915B,  1094. 


CYLINDERS. 


Wax  cylinders  as  infringement  of  copyright 
of  sheet  music.  ,  2  B.  R.  C.  91. 


CY  PRES. 

Doctrine  of,  see  Chabities,  §  11. 


DAMAGES. 


D 


DAIRIES. 

Municipal    power    over,    as    nuisances.     38 
.  L.R.A.  657. 


J.  In  general ;  nominal  damages ;  m,it- 
igation       or       aggravation^ 
§§   1-12. 
a.  In  general,  §§  1,  2. 
Consult  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  I.— cont'd 

6.  Mitigation;  reduction;  Tceep- 
ing  down  damages,   §§   3- 
11. 
c.  Aggravation   of   damages,    § 
12. 
II.  Punitive  or  exemplary,  §§  13-19. 
III.  Measure  of  compensation,   §§  20- 
119. 
a.  In  general,  §  20. 
h.  On  contracts,   §§  21-40. 

1.  In  general,  §§  21-26. 

2.  Bonds,  §§  27-29. 


368 

DAMAGES,  III.  b— cont'd. 


INDEX  TO  L.R.A.  NOTES. 


property, 


3.  As     to     real 

§§  30-34. 

4.  Sales  of  personalty ;  war- 

ranty, §§  35-37. 

5.  renalty;  liquidated 

danwfjcs,   §§   38-40. 

c.  Trlt'ifrtip^i  roues,  §  41. 

d.  Against  carrier,   §§   42-47. 

e.  Torts  (fenerally,   §  48. 

f.  Fraud,   §   49. 

g.  Sexual    offenses;    breach    of 

promise;  seduction;  crim- 
inal conversation;  aliena- 
tion of  affections,  §§  50- 
60b. 

h.  Against   corporate   directors 
or  promoters,  §51. 

i.  Assault;  false  imprisonment; 
malicious  prosecution ; 

abuse  of  process,  §§  52-55. 

j.  Libel  or  slander,  §56. 

Tc.  Personal  injuries,  §§  57-64. 

I.  Death,   §§  65-67. 

m.  Injury    to    or    detention    of 
personal  property;  conver- 
sion, §§  68-70. 
Injury   to,    or   detention   of, 
real   property,    §§    71- 
79. 

1.  In  general,  §§   71-73. 

2.  Injury  to,  or  destruction 

of  buildings,  crops  or 
trees,  §§  73a-75. 

3.  Injury  to  water  rights; 

overflow;  pollution,  §§ 
76-79. 

o.  Nuisance,  §  80. 

p.  Injury   to   business,    §    81. 

q.  Condemnation  or  deprecia- 
tion in  value  by  emi- 
nent dom,ain,  §§  82-93. 

1.  In  general,  §§  82-86. 

2.  Consequential     injuries, 

§§  87,  88. 

3.  As   to    abutting   owners, 

§§  89,  90. 

4.  In  highway  cases,  §§  91, 

92. 

5.  Setting  off  benefits,  §  93. 
Injunction  ca^es,  §  94. 

and 


n 


r. 


a.  In    trademark,    patent, 
copyright  cases,  §  95. 
t.  Mental  anguish,   §§  96-106. 

1.  In  general,  §§  96-101. 

2.  As  to  telegrams,  §§  102, 

103. 

3.  Carriers'  cases,  §§  104- 

106. 
u.  Loss  of  profits    §§  107-118. 

1.  In  general,  §§  107-113. 

2.  For  breach  of  contract, 

§§  114-118. 
V.  Prospective,  §  119. 
IV.  Double  and  treble  danutges,  §  120. 
V.  Assessment  of  damages,  §  121. 
Begin  with  this  book  on  every  law  question. 


DAMAGES — cont'd. 

/.  In  general;  nominal  damages;  "niti- 
gation  or  aggravation. 

a.  In  general. 

§   1.  Generally. 

Effect  of  character  on  damages  recoverable, 

see  Chabacteb,  §  5. 
Burden  of  proof  as  to,  see  Evidence,  §  107a. 
Opinion  evidence  as  to,  see  Evjdence,  §  194. 
Relevancy   and   materiality   of  evidence  as 

to,  see  Evidence,  §§  2G3-265. 
For  suing  out  injunction,  see  Injunction, 

§  84. 
Interest    as   damages    and    on    amount    re- 
covered as  damages,  see  Interest,  §  6. 
Excessiveness  of  damages  as  ground  for  new 

trial,  see  New  Teial,  §  5. 
Inadequacy  of  damages  as  ground  for  new 

trial,  see  New  Trial,  §  6. 
Remittitur  of  excessive  damages,  see  New 

Trial,  §  14. 
Proximate  cause  of,  see  Proximate  Caitse. 
In  lieu  of  specific  performance,  see  Specific 

Performance,  §  29. 

Power  to  limit  the  issues  to  question  of 
damages  in  granting  new  trial.  L.R.A. 
1915E,  250,  260. 

Necessity  of  admitting  quantum  of  damages 
in  order  to  change  burden  of  proof  and 
right  to  open  and  close.     61  L.R.A.  555. 

Priority  of  claim  for,  against  property  in 
hands  of  receiver  of  railroad  over  re- 
corded liens.   41  L.R.A.(N.S.)  700,  702. 

Injunction  against  judgment  for  excessive- 
ness of  allowance.     30  L.R.A.  704. 

Power  of  appellate  court  to  interfere  with 
verdict  for  excessive  damages.  26 
L.R.A.  384. 

Conclusiveness  of  expert  opinion  as  to  dam- 
ages.    42  L.R.A-  767. 

§  2.  Nominal  damages. 

Right  to  recover  nominal  damages  in  statu- 
tory action  for  death  where  pecuniary 
loss  is  not  shown.  L.R.A.1916E,  139, 
177,  192. 

For  laying  out  street  across  railroad  prop- 
erty.    24  L.R.A.(N.S.)    1228. 

For  carrying  passenger  beyond  destination. 
17  L.R.A.{N.S.)  1230. 

For  wrongful  cutting  or  destruction  of 
standing  timber.     18  L.R.A.{N.S.)  250. 

Nominal  damages  for  telegraph  or  telephone 
line  on  railroad  right  of  way.  26 
L.R.A.{N.S.)   192.  ' 

b.  Mitigation;  reduction;  keeping  dotvn 
damages. 

§  3.  Generally. 

Evidence     in     mitigation,     see     Evidence, 

§  265. 
EflFect  of  insurance  on  amount  of  recovery 

for  injury,  see  Insurance,  §  181. 


Right  to  set  up  judgment  in  criminal  action 
in  mitigation  of  damages  in  civil  action. 
11  L.R.A.(N.S.)  670. 


INDEX  TO  L.R.A.  NOTES. 


359 


DAMAGES,  I.  b— cont'd. 

Duty  to  commit  wrongful  acts  in  order  to 
minimize  damages.  3  L.R.A.  (N.S.) 
1002. 

Failure  of  person  injured  or  damaged  to 
remove  cause  of  injury  or  damage  as 
aft'ecting  right  to  recover.  3  L.K.A. 
(N.S.)    1092. 

Advice  of  counsel  as  ground  for  mitigation 
of  damages  for  malicious  prosecution. 
18  L.R.A. (N.S.)   54. 

Of  damages  fcr  abduction  of  child.  45 
L.R.A. (N.S.)  874. 

Reasonable  and  probable  cause  of  suspicion 
as  mitigating  damages '  for  false  im- 
prisonment.    45  L.R.A.  (N.S.)    65. 

May  benefits  from  nuieiince  be  set  off 
against  damages.    45  L.R.A. (N.S.)  773. 

Showing  in  mitigation  of  damages  that  po- 
lice ottlcer  committing  wrongful  act  is 
acting  under  orders  of  superior.  50 
L.R.A. (N.S.)   989. 

Eight  of  defendant  to  prove,  in  mitigation 
of  damages,  facts  which  he  is  estopped 
to  set  up  in  bar  of  the  action.  52 
L.R.A.(N.S.)    1192. 

Mitigation  of  damages  for  wrongful  attach- 
ment by  showing  subsequent  seizure  and 
sale  of  the  attached  property  by  the 
plaintiff  in  attachment  or  by  offsetting 
the  indebtedness  or  judgment  in  his 
favor.    L.R.A.1918B,  801. 


§   4.  Against  carrier. 

Passenger's  duty  to  minimize  damages  from 

carrier's  default  of  duty  towards  him. 

2  L.R.A. (N.S.)   1087. 
Duty   of  passenger  to  pay  fare  wrongfully 

demanded  in  order  to  lessen  damages. 

43   L.R.A.   706;    34   L.R.A. (N.S.)    282; 

L.R.A.1918D,    1032. 


§   5.  For  breach  of  contract. 

Duty  to  prevent  or  reduce  damage  on 
breacli  of  contract.     53  L.R.A.  108. 

Duty  to  prevent  or  reduce  damages  on  breach 
of  contract  for  sale  or  purchase.  52 
L.R.A,  259, 

Duty  of  vendee  to  avoid  or  reduce  injury  for 
breach  of  contract  of  sale  of  article 
having  no  market  price.     57  L.R.A.  202. 

Duty  of  party  to  lease  to  minimize  damages 
due  to  a  breach  of  contract  by  other 
party   thereto,     L.R.A.1918C,   910. 

Other  employment  in  mitigation  or  reduc- 
tion of  damages  for  wrongful  discharge 
of  servant.     6  L.R.A. (N.S.)    94. 

§   6.  For  breach  of  promise. 

Of  damages  for  breach  of  promise  of  mar- 
riage.    26  L.R.A.  432, 


§   7,  For  personal  injury. 

Effect  of  insurance  on  amount  of  recovery 
for  injury,  see  Insurance,  §  181. 

Effect  of  pre-existing  disease  on  recovery 
under  Workmen's  Compensation  Act, 
see  Workmen's  Compensation,  §  15a, 

Cotisnlt  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  I.  b— cont'd. 

Kliect  of  intervening  act  or  neglect  on   re- 

coverv  for  personal  injury.     48  L.R.A. 

(N.S.-)     105. 
Duty  of  injured  person  to  follow  advice  or 

instructions    of    physician    or    surgeon. 

49  L.R.A,  826;  48  L.R.A.(N.S.)   110. 
Liability  of  one  causing  personal  injury  as 

affected  by  negligence  or  unskiifulnoss 

of  attending  physician  or  surgeon.    48 

L.R.A.  (N.S.)    116. 
Pre-existing  disease  or  condition  of  person 

injured  as  affecting  recovery  from  one 

negligently     causing     the     injury.      16 

L.R.A.  268;  48  L.R.A. (N.S.)   il9. 
Duty  of  person  inflicting  injury  to  prevent 

aggravation   of  the   injury'     69   L.R.A. 

533. 
Evidence  of  habits  or  character  of   person 

injured  as  affecting  damages.     1  L.R.A. 

(N.S.)  198. 
Mitigation  of  damages  for  personal  injury 
])y  fact  that  injured  pei-sonhas  re- 
ceived from  some  source  other  than 
the  wrongdoer  money  because  of 
the  injury.     67  L.R.A.  87. 

§   8.  For  assault. 

Admissibility  of  evidence  of  provocation  to 
mitigate  damages  for  assault.  1  L,R,A, 
(N.S.)  137;  11  L.R.A,(N,S,)   670. 


§   9.  For  libel  or  slander. 

For   libel    or   slander   by   wife.     30   L.R.A. 

529. 
Bad  character  or  reputation  of  plaintiff  as 
mitigating    damages    for    libel    or 
slander.        38  L.R.A,  (N,S.)    1176. 
For  libel  or  slander  reflecting  on  integrity 

or     responsibility     of     merchant,       44 

L,R.A.(N,S.)   354, 
Intoxication    of    defendant    as    mitigating 

damages  for  libel  or  slander,    51  L.R,A. 

(N,S,)    1198, 
Sufficiency  of  retraction  to  reduce  damages, 

as  question  for  court  or  jury.  25  L.R.A. 

(N.S.)    796. 


§   9a.  For  conversion. 

Return  of  property  as  mitigating  damages 
for  conversion.    49  L.R.A, (N.S.)   931. 


§    10.  For  injury  to  real  property. 

Duty  to  mitigate  damages  from  trespass.  38 
L.R,A,(N.S.)   244, 

Duty  of  property  owner  to  minimize  dam- 
ages from  change  of  grade.  44  L.R,A, 
(N.S.)    301. 

Mitigation  of  damages  for  property  de- 
stroyed by  mob.     44  L.R.A. (N.S.)   361. 


§    10a.  — by  water. 

Measure  of  damages  against  municipality 
for  injury  bv  surface  waters.  65  L.R.A. 
284. 

Duty  to  mitigate  damages  from  surface 
water.     33  L.R.A. (N.S.)    372. 


360 


INDEX  TO  L.R.A.  NOTES. 


DAMAGES,  I.  b — cont'd. 

Duty  of  riparian  proprietor  whose  rights 
are  interfered  with,  or  one  whose  prop- 
erty is  flooded,  because  of  the  obstruc- 
tion of  a  natural  water  course,  to  rain- 
jraize  the  damages.  22  L.R.A.(N.S.) 
684. 

The  duty  of  owner  or  tenant  to  protect 
crops  from  backwater.  49  L.R.A. 
(N.S.)    760. 

g   11.  In  condemnation  proceedings. 

Mitigating  damages  from  laying  out  street 
across  railway  property.  24  L.R.A. 
(N.S.)    3236. 

Mitigation  of  damages  in  condemnation 
cases  by  preserving  to  owner  estate, 
rights,  or  easement.     26  L.R.A.  751. 

o.  Aggravation  of  damages. 

§   12.  Generally. 

Of  damages  for  breach  of  promise  to  marry. 

41  L.R.A.(N.S.)   846. 
Personal  wrong  as  aggravation  of  damages 

for     trespass     on     realty.     19     L.R.A. 

(N.S.)   1034;  37  L.R.A.(N.S,)  912. 
Right  to  prove  seduction  in  aggravation  of 

damages    in    breach    of    promise   case. 

4  L.R.A.(N.S.)    616;    36  L.R.A.(N.S.) 

388. 
Admissibility  of  evidence  of  family  relations 

of  plaintiff  on  question  of  damages  in 

an    action    for    libel    or    slander.     23 

L.R.A.(N.S.)  362. 

II.  Punitive  or  exemplary. 

g   IS.  Generally. 

For  causing  death.     17  L.R.A.  72. 

Expense  of  litigation  as  element,  or  as  limit, 
of  punitive  or  exemplary  damages.  4 
L.R.A.(N.S.)    907. 

Allowance  of  interest  on  exemplary  dam- 
ages.    18  L.R.A.  457. 

Reasonable  and  probable  cause  of  suspicion 
as  mitigating  punitive  damages  for 
false  imprisonment.  45  L.R.A.  (N.S.) 
65. 

For  breach  of  contract  of  partnership.  51 
L.R.A.(N.S.)    81. 

Exemplary  damages  in  action  to  recover  for 
mental  anguish  in  telegraph  case.  49 
L.R.A.(N.S.)  291. 

Right  to  recover  exemplary  or  pxmitive  dam- 
ages for  breach  of  contract,  other  than 
contract  to  marry  and  actions  on  statu- 
tory bonds.     3.B.  R.  C.  115. 

g   14.  For  act  of  servant. 

Master's    liability    to    exemplary    damages 
for  act  of  servant.    27  L.R.A.  193; 
48  L.R.A.(N.S.)   35. 
Effect  of  servant's  malice,  wantonness,  or 
personal  motive  on  amount  of  damages 
recoverable  from  master  for  injury  to 
third  person  due  to  negligence  of  serv- 
ant    having     custody     of     dangerous 
agency.     10  L.RJi.(N.S.)   403. 


62. 
Begin  toith  this  hoolc  on  every  law  question. 


DAMAGES,  II.— cont'd. 
§    15.  Against  carrier. 

Carrier's  liability  to  exemplary  damages  for 
act  of  servant.    48  L.R.A. (N.S.)  35. 

Punitive  damages  for  wanton  failure  to 
transport  baggage.  9  L.R.A.  (N.S.) 
1218. 

For  wrongful  ejection  of  sick  or  intoxicated 
passenger.     L.R.A.1915C,  146. 

Refusal  of  conductor  to  listen  to  passenger's 
explanation  as  to  liis  contract,  as  justi- 
fication for  punitive  damages  for  pas- 
senger's expulsion.  17  L.R.A.  (N.S.) 
344. 

Exemplary  damages  for  carrying  passenger 
bevond  destination.  17  L.R.A. (N.S.) 
1230;  41  L.R.A.(N.S.)   746. 

For  placing  white  passenger  in  a  car  for 
colored  persons.     41  L.R.A.(N.S.)    960. 

Punitive  damages  for  assault  by  carrier's 
servant  on  passenger.  32  L.R.A.(N.S.) 
1201;  L.R.A.1915E,  671. 

Right  of  passenger  to  recover  punitive  dam- 
ages for  default  or  delay  in  running 
railroad  train.    49  L.R.A.  (N.S.)  434. 

Liability  of  carrier  for  pimitive  or  exem- 
plary damages  for  refusal  or  failure  to 
transport  passengers.  L.R,A.1915C, 
477. 

§   16.  For  torts  generally. 

Necessity  of  actual  malice  to  justify  exem- 
plary damages  for  tort.  16  L.R.A. 
(N.S.)   440. 

For  delaying  person  by  blocking  railroad 
crossing.  44  L.R.A.(N.S.)  1071;  L.R.A. 
1915E,  336. 

For  abductment  or  enticement  of  child.  45 
L.R.A.(N.S.)    874. 

For  unlawful  seizure  of  mortgaged  chattels 
by  mortgagee  assuming  to  act  under 
mortgage.     L.R.A.1915E,  199. 

For  acts  of  live  stock  inspectors.  L.R.A. 
1915B,  1015. 

g  16a.  For  malicious  prosecution  or 
abuse  of  process. 

Exemplary  damages  in  action  for  malicious 
prosecution  or  for  abuse  of  process 
in  suing  out  attachment  for  collec- 
tion of  debt  only.  29  L.R.A.(N.S.) 
•272. 
Want  of  probable  cause  to  believe  alleged 
ground   of  attachment  as   condition  of 
action  for  wrongful  attachment  where 
exemplary     damages     are     sought.     38 
L.R.A.(N.S.)   127. 

g   16b.  For  libel  on  slander. 

Liability  for,  of  newspaper  proprietor  for 
libel  published  without  his  knowledge 
or  consent.     26  L.R.A.  779. 

Damages  against  telegraph  company  for 
handling  libelous  message.  9  L.R.A> 
(N.S.)    141. 

For  libel  or  slander  reflecting  on  integ- 
rity or  responsibility  of  merchant.  44 
L.R.A. (N.S.)    354. 

Master's  liability  for  exemplary  damages 
for  libel  by  servant.     48  L.R.A.(N.S.) 


INDEX  TO  L.R.A.  NOTES. 


361 


DAMAGES,  II.— cont'd. 
§    17.  For  nuisance. 

Liability  for  punitive  damages  for  main- 
taining nuisance.   3  L.R.A.  (N.S,)   1119. 

§    18.  For  personal  injuries  or  death. 

For  personal  injury  by  dog.  37  L.R.A. 
(N.S.)    8G7. 

Exemplary  damages  against  municipality 
for  injury  by  defect  or  obstruction  in 
street.     20  L.R.A.(N.S.)    764. 

For  death  by  negligence.     17  L.R.A.  72. 

§  19.  Fop  infringing  trademark,  trade- 
name, or  copyriglit. 

Punitive  damages  for  infringing  trademark, 
tradename,  or  copyright,  where  amount 
of  actual  damages  not  established.  37 
L.R.A.{N.S.)   533. 

HI.  Measure  of  compensation, 
a.  In  general. 

§   2  0.  Generally. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  45. 

Promulgation  by  counsel  in  argument  to 
jury  of  unsound  rule  for  measuring 
damages.     L.R.A.1918D,  69. 

Agreement  that  amount  of,  shall  be  deter- 
mined by  arbitration  or  appraisal.  47 
L.R.A. (N.S.)  385. 

Necessity  of  jury  to  compute  damages  on 
default  judgment.     20  L.R.A. (N.S.)    1. 

Requisite  of  special  verdict  in  relation  to 
damages.     24  L.R.A. (N.S.)    15. 

Jurisdiction  of  a  court  of  equity  to  award 
compensatorv  damages  for  a  breach  of 
trust.     14  L''.R.A.(N.S.)   900. 

Right  to  interest  on  unliquidated  damages. 
28  L.R.A.(N.S.)  1. 

Federal  courts  following  state  decisions  as 
to  measure  of.     40  L.R.A.(N.S.)   428. 

For   expulsion   from   benefit   society.  25 

L.R.A.  150. 

Measure  of  damages  for  removal  of  tele- 
phone.    39  L.R.A.  (N.S.)    651. 

Extent  of  allowance  or  recovery  against 
national  bank  for  reserving  illegal  in- 
terest.    56  L.R.A.  706. 

Measure  of  compensation  to  mortgagee  in 
possession  for  repairs  or  improvements. 
49  L.R.A. (N.S.)    129. 

h.  On  contracts, 
1.  In  general. 

§   21.  Generally. 

With  telegraph   company,  see  infra,  §§  41, 

102,  103. 
With  carrier,  see  infra,  §§  42-47,  104-106. 
Loss  of  profits  as  element  of  damages  for, 

see   infra,   III.  u,  2. 

Right  to  recover  exemplary  or  punitive  dam- 
ages for  breach  of  contract,  other  than 
contract  to  marry  and  actions  on  stat- 
utory bonds.     3  B.  R.  C.  115. 

Consult  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  III.  b,  1— cont'd. 

Conflict  of  laws  as  to  measure  of  damages 
for  breach  of  contract.  56  L.R.A.  301, 
303. 

Right  to  interest  on  damages  for  breach  of 
contract.       28  L.R.A.(N.S.)   24,  46,  82. 

Duty  to  prevent  or  reduce  damages  on 
breach  of  contract.     53  L.R.A.  ]08. 

Effect  of  provision  for  forfeiture  of  sums 
paid  or  retained  under  executory  con- 
tract, to  prevent  recovery  of  any  other 
damages  after  breach  of  contract.  4 
L.R.A. (N.S.)   755. 

§   22.  Miscellaneous  contracts. 

Breach  of  agreement  to  arbitrate.  47 
L.R.A. (N.S.)    409. 

Damages  for  breach  of  automobile  distribu- 
tion contract.     L.R.A.1915B,  114. 

For  breach  of  covenant  in  lease  as  to  pay- 
ment of  taxes  and  assessments.  L.R.A. 
191 5A,  363. 

For  pledgee's  conversion  of  property  by  in- 
valid sale.     43  L.R.A.  768. 

For  breach  of  contract  to  loan  or  advance 
money.  37  L.R.A.  232;  29  L.R.A.  194; 
L.R.A.1916F,  506. 

For  breach  of  advertising  contract.  22 
L.R.A. (N.S.)   272. 

For  breach  of  agreement  to  assume  debts  on 
dissolution  of  partnership.  9  L.R.A. 
(N.S.)    113. 

For  broker's  breach  of  contract  with  cus- 
tomer as  to  sales  and  purchases  of  stock 
on  the  exchange.     L.R.A.1917C,  747. 

For  broker's  breach  of  contract  to  carry 
stock  until  a  certain  date.  7  B.  R.  C. 
569. 

For  negligence  of  architect  in  preparatiop 
of  plans.     L.R.A.1918D,  898. 

Measure  of  damages  for  failure  to  perform 
contract  to  compensate  for  services  by 
will.     41  L.R.A.(N.S.)    246. 

Right  to  recover  from  obligor  under  collat- 
eral contract  the  damages  which  the 
obligee  was  compelled  to  pay  because 
of  his  breach  of  a  contract  with  a  third 
person  in  consequence  of  the  failure  or 
delay  in  performance  of  collateral  con- 
tract.    18  L.R.A. (N.S.)    575. 

Mental  anguish  as  element  of  damages  in 
action  for  breach  of  contract  relative  to 
corpse.     19  L.R,A.(N.S.)   564. 

Basis  for  computing  share  of  attorney  en- 
titled to  certain  proportion  of  recovery 
where  suit  is  comppomised  for  certain 
sum  and  attorney's  fee.  22  L.R.A. 
(N.S.)    776. 

Measure  of  compensation  to  physician  em- 
ployed to  examine  and  report  on  physi- 
cal condition  of  one  who  contemplates 
bringing  action  for  personal  injuries. 
25  L.R.A. (N.S.)  70. 

Measure  of  damages  in  action  against  one 
who,  without  authority,  assumed  to 
contract  as  agent  for  a  third  person. 
34  L.R.A.(N.S.)    540. 

§   2  2a.  Building   contracts. 

Measure  of  recovery  on  building  contract 
where  building  is  destroyed  in  process 
of  erection.    L.R.A.1917D,  1011. 


S62 


INDEX  TO  L.R.A.  NOTES. 


DAMAGES,  III.  b,  1— cont'd. 

Meaaure  of  recovery  upon  substantial  per- 
formance of  building  contract,  24 
L.R.A.(N.S.)   327. 

Measure  of  damages  for  defects  or  omissions 
in  the  performance  of  a  building 
contract.     39  L.R.A.(N.S.)   591. 

Stipulation  for  damages  in,  as  penalty  or 
liquidated  damages.  34  L.R.A.  (N.S.) 
588. 

§  28.  Insurance  contracts. 

Extent  of  recovery  on  insurance  policy,  see 
Insurance,  §§  172-181.  , 

Damages  recoverable  by  member  for  breach 
of  contract  by  mutual  benefit  associa- 
tion.     L.R.A.1917E,    1035. 

For  wrongful  cancelation  of  policy  issued 
on  assessment  plan.  7  L.R.A.(N.S.) 
1163. 

§  23a.  Partnership  contracts. 

Measure  of  damages  for  breach  of  contract 
of  partnership.    51  L.R.A.(N.S.)  81. 

§  24.  Measnre  of  employers'  recovery 
for  bread!  of  contract. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  services.  53 
L.R.A.  48. 

Right  of  one  who  employs  minor  without 
parent's  consent  to  allowance  of  ac- 
count of  expenditures;  for  necessaries. 
9  L.R.A.(N.S.)  411. 

Effect  upon  character  of  sum  agreed  upon 
for  breach  as  penalty  or  liquidated 
damages  of  single  or  multiple  stipula- 
tions in  contract.  L.R.A.1915E,  386, 
393. 

§  25.  Measnre  of  employee's  recovery 
for  breach  of  contract. 

Contract  of  permanent  employment.  35 
L.R.A.  516;  50    L.R.A.(N.S.)  456. 

Where  contract  for  services  terminated  by 
insolvency  and  dissolution  of  corpora- 
tion.    69  L.R.A.  126. 

In  case  of  discharge  of  servant  for  good 
cause,    5  L.R.A. (N.S.)   529. 

Right  to  recover  for  services  rendered  be- 
yond statutory  period  of  limitation  up- 
on breach  of  parol  contract  to  make 
provision  by  will.  6  L.R.A,  (N.S.) 
703. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  by  employer.  53 
L.R.A.  57. 

Effect  upon  character  of  sum  agreed  upon 
for  breach  as  penalty  or  liquidated  dam- 
ages of  single  or  multiple  stipulations 
in  contract.    L.R.A.1915E,  386,  393, 


f^   25a.  — wronjrfnl  discharge. 

For  wrongful  discharge  of  servant,  6 
L.R.A.(N.S.)    82. 

Damages  for  discharge  without  cause  after 
part  performance  of  contract.  24 
L.R.A.  231, 

Right  of  wrongfully  discharged  servant  to 
recover  wages  for  contract  period  sub- 
sequent to  discharge.  5  L.R.A.(N.S,) 
439;  28  L.R.A. (N.S.)   577. 

Begin  with  this  booTc  on  every  law  question. 


DAMAGES,  III.  b,  1— cont'd. 

Measure  of  recovery  by  wrongfully  dis- 
charged servant  for  services  actually 
rendered.      5    L.R.A.(N.S.)     582,    585. 

Other  employment  in  mitigation  or  reduc- ' 
tion  of  damages  for  wrongful  discharge 
of   servant.      6    L.R.A. (N.S.)    94. 

Right  to  recover  in  action  for  wrongful  dis- 
missal, damages  for  loss  of  commis- 
sions. 1  B.  R,  C.  123;  L.R.A.1910B, 
872. 


§2  6.  Negotiable  paper. 

Law    governing    extent    of     recovery.       56 

L.R.A.  307. 
By  bona  fide  holder  when  execution  of  note 

obtained  by  fraud.     36  L.R.A.  441. 
Dishonor  of  check.     15  L.R.A.  134. 
For   negligence   as   to   collection   of   check; 

limiting  to  the  amount  actually  lost  in 

consequence   of   the  neglect.      1   L.R,A. 

(N.S.)    246. 
Extent  01   recovery  by  pledgee  on  negotia- 
able    paper    which    pledgor    could 
not  collect.     44  L.R.A.  243. 
Amount     of     recovery     by     accommodation 

party  who  has  been  obliged  to  pay  bill 

or   note   against    accommodated    party. 

37  L.R,A.(N.S.)   788. 
Measure    of     damages     for     conversion     of 

pledged    notes    by    invalid    sale.      43 

L.R.A.    771. 


2.  Bonds. 


§   2  7.  Generally. 

Extent  of  recovery  on  injunction  bond,  see 
Injunction,  §§  86,  87. 

Liability  on  bond  for  interest.  28  L.R.A. 
(N.S.)   11. 

May  each  of  several  persons  protected  by 
a  bond  recover  up  to  the  full  amount  of 
the  bond.     L.R.A.1917D,  617, 


§   28.  Elements  of  damages  recoverable 
in  action  on  replevin  bond. 

Value  of  property.    30  L.R.A. (N.S.)  367. 
Value  added  by  the  transportation  of 
the  goods  by  wrongdoer  after  con- 
version.    52   L.R.A.(N.S.)    396. 
Interest.     28   L.R.A. (N.S.)    12;    30   L.R.A. 

(N.S.)    370. 
Damages   for    detention.      30    L.R.A. (N.S.) 

370. 
Attorney  fees.     30  L.R.A. (N.S.)   372. 
Costs.     30  L.R.A. (N.S.)   373. 
Penalty  as  limit  of  recovery  on  bond.     55 
L.R.A.  390. 


§29.  Penalty  as  limit  of  liability  on 
statutory  bond. 

The  original  rule.     55  L.R.A.  381. 

Exception  when  equitable  relief  is  sought. 
55  L.R.A.  382. 

Exception  as  to  bonds  for  money  or  for  di- 
rect performance  by  sureties.  55  L.R.A. 
383. 


INDEX  TO  L.R.A.  NOTES. 


363 


DAMAGES,  III.  b,  2— cont'd. 

Allowance  of  interest.  55  L.R.A.  384;  19 
L.R.A.(N.S.)    84. 

Allowance  for  costs.    55  L.R.A.  387. 

Application  of  rules  to  particular  classes  of 
bonds.     55  L.R.A.  387. 

In  replevin  bond  as  limiting  damages  re- 
coverable.    30  L.R.A.  (N.S.)   374. 


8.  As  to  real  property. 

§   30.  Generally. 

Duty  of  party  to  lease  to  minimize  dam- 
ages due  to  a  breach  of  contract  by 
other  party  thereto.     L.R.A.1918C,  910. 

Measure  of  damages  for  breach  of  cropping 
contract.     L.R.A.1918B,   1056. 

Measure  of  damages  for  breach  of  contract 
to  furnish  water  for  irrigation.  19 
L.R.A.(N.S.)  938;  31  L.R.A. (N.S.)  743. 

Lo^s  of  rents  as  damages  for  breach  of  con- 
tract to  install  elevator  or  other  equip- 
ment incidental  to  use  of  building. 
17  L.R.A. (N.S.)   1130. 

Measure  of  damages  for  failure  to  comply 
with  provision  as  to  crossing  in  deed 
to  railroad  of  right  of  way.  48  L.R.A. 
(N.S.)   390. 

§   31.  Contract  to  sell. 

For  breach  of  contract  to  convey  real  es- 
tate.    16  L.R.A.(N.S.)   768. 

For  breach  of  parol  contract  to  convey  real 
estate.     2  L.R.A. (N.S.)    713. 

Measure  of  damages  for  fraudulent  repre- 
sentations in  sale  or  exchange  of  real 
estate.  8  L.R.A.(N.S.)  804;  16  L.R.A. 
(N.S.)    818. 

Loss  of  profits  as  element  of  damages.  62 
L.R.A.  240. 

Provision  for  damages  in  land  contract  as 
penalty  or  stipulated  damages.  34 
L.R.A(N.S.)   4. 

Effect  upon  character  of  sum  agreed  upon 
for  breach  as  penalty  or  liquidated 
damages  of  single  or  multiple  stipula- 
tions in  contract.  L.R.A. 1915E,  384, 
390. 

§   3  2.  Breach  of  covenant. 

Covenant    in    grant    of    water    power.      67 

L.R.A.  405. 
For  tenant's  breach  of  covenant  to  repair,  in 

action  brought  after  expiration  of  the 

term.     16  L.R.A. (N.S.)  210. 
For  vendor's  failure  to  furnish  abstract  of 

title.    43  L.R.A. (N.S.)  50. 
Parol  evidence  as  to  consideration  for  deed 

in    action    for    damages   for   breach    of 

covenant.     25  L.R.A.  (N.S.)    1205. 

§    33.  — covenant  of  warranty. 

Damages  for  breach  of  Warranty  by  exist- 
ence of  unexpired  lease.    35  L.R.A 

(N.S.),779. 

§   34.  —covenant        againsf        encum- 
brances. 
Covenant   against   encumbrance.     3   L.R,.A. 

791.* 
Consult  also  L.R.A.  Digests  of  Cases, 


DAMAGES,  in.  b,  3— cont'd.  m 

4.  Sales  of  personalty;  warranty. 

§   35.  Generally. 

Loss  of  profits  from  breach,  see  infra,  §  115. 

Is  a  claim  for  damages  for  breach  of  con- 
tract to  deliver  goods  a  liquidated 
claim.     9   L.R.A. (N.S.)    1134. 

Right  to  interest  on  damages  for  breach  of 
contract  of.     28  L.R.A.  (N.S.)   46. 

Right  of  buyer  to  maintain  separate  action 
for  nondelivery  of  each  instalment  un- 
der entire  contract.  3  L.R.A. (N.S.) 
1042. 

Damages  recoverable  by  buyer  who  pur- 
chases on  market  before  expiration  of 
time  for  delivery,  where  seller  gives 
notice  that  he  will  not  deliver.  L.R.A. 
1917A,   1001. 

Measure  of  damages  for  nondelivery  of  goods 
as  affected  by  resale  before  time  of  de- 
livery.   7  B.  R.  C.  356. 

Measure  of  damages  for  delay  in  delivery  of 
goods  purchased  as  affected  by  price  at 
which  they  were  resold.    7  B.  R.  C.  331. 

Measure  of  damages  for  purchaser's  refusal 
to  accept  goods  specially  manufactured 
for  him.  4  L.R.A.  (N.S.)  740  j  18 
L.R.A.  (N.S.)    613. 

Measure  of  damages  for  purchaser's  refusal 
to  execute  purchase-money  notes.  12 
L.R.A.(N.S.)    182. 

Delay  by  purchaser  in  securing  substitute 
as  affecting  his  damages  for  seller's 
failure  to  deliver.  32  L.R.A. (N.S.) 
192. 

Offer  by  seller  to  furnish  goods  at  advanced 
price  as  affecting  measure  of  damages 
for  refusal  to  furnish  them  at  contract 
price.     38  L.R.A.  (N.S.)    837. 

Duty  to  prevent  or  reduce  damages  on 
breach  of  contract  for  sale  or  purchase. 
52  L.R.A.  259. 

Rescission  by  purchaser  for  seller's  fraud  as 
affecting  former's  right  to  recover  dam- 
ages, oilier  than  loss  of  contract.  31 
L.R.A.(N.S.)    910. 

Profits  lost  in  consequence  of  breach  of  con- 
tract of  sale  of  machinery  purchased 
for  vendee's  use  as  an  element  of  dam- 
ages.    2  B.  R.  C.  79. 

Against  vendor  of  seeds.  37  L.R.A. (N.S.) 
85;  L.R.A.1916Ci  1011.      ; 

Effect  upon  character  of  sum  agreed  upon 
for  breach  as  penalty  or  liquidated 
damages  of  single  or  multiple  stipula- 
tions ill  contract.  L.R.A.1915E,  381, 
390. 

Measure  of  damages  for  breach  of  contract 
to  sell  or  buy  corporate  stock.  43 
L.R.A.(N.S.)  368. 

§  35a.  Resale  to  fix  damage  for  [refusal 
of  purchaser  to  accept  goods. 

Introductory.     42  L.R.A. (N.S.)  670. 

As  affected  ^)y  question  whether  contract  i$ 

executed     or     executory.       42     L.R.A. 

(N.S.)   671- 
Resale   as   election   of   remedy.     42   L.E.A, 
(N.S.)   672. 


S«4 


INDEX  TO  L.R.A.  NOTES. 


DAMAGES,  III.  b,  4— cont'd. 

Relation    between    the    parties    created    by 

election  to  resell.    42  L.R.A.(N.S.) 

674. 
Necessity    and    effect   of   giving    purchaser 

notice  of  resale  or  of  intention  to 

resell,  as  affecting  right  of  action. 

42  L.R.A.(N.S.)  677. 
Form  and  sufficiency  of  notice.     42  L.R.A. 

(X.S.)   681. 
Manner  of  resale.     42  L.R.A.(N.S.)   682. 
Time  of  resale.    42  L.R.A.{N.S.)   683. 
Place  of  resale.     42  L.R.A.(N.S.)    685. 
Conclusiveness    of    resale    as    to    vendor's 
42  L.R.A.(N.S.)  687. 
of     proof.      42     L.R.A. 


damages. 
Evidence — burden 

(N.S.)   690. 
Questions  for  jury. 


42  L.R.A.(N.S.)  691. 


Miscellaneous    questions    of    practice. 
L.R.A.(N.S.)  691. 


42 


§  S6.  For  breach  of  contract  of  sale  of 
article  having  no  market  price. 

Breach  of  vendor.  57  L.R.A.  193. 
Breach  by  vendee.  57  L.R.A.  204. 
Determination  as  to  existence  or  condition 

of  market.     57  L.R.A.  205. 
Damages    measured    by    profits    lost.      57 

L.R.A.  206. 

§  37.  Breach  of  warranty. 

Loss  of  profits  as  element  of  damages.     52 
L.R.A.  233,  240. 
In  case  of  breach  of  warranty  of  ma- 
chinery purchased  for  vendee's  use. 
2  B.  R.  C.  83. 

For  breach  of  implied  warranty  on  contract 
of  sale.     18  L.R.A.  385. 

Measure  of  damages  for  breach  of  warranty 
on  sale  of  seeds.  37  L.R.A.(N.S.)  85; 
L.R.A.1916C,  1011. 

For  breach  of  warranty  on  sale  of  trees, 
shrubs,  plants,  or  vines.  49  L.R.A. 
(N.S.)    1155. 

Price  at  which  goods  are  resold  as  affecting 
measure  of  damage  for  breach  of  war- 
ranty as  to  quality.  5  L.R.A. (N.S.) 
1151. 

Right  of  purchase  of  goods  to  recover  costs 
and  other  expenses  incurred  by  him  in 
defending  a  collateral  action,  as  dam- 
ages for  breach  of  the  seller's  warranty. 
20  L.R.A.(N.S.)  492. 

May  purchaser  recover  damages  for  breach 
of  warranty  or  fraud  as  to  both  articles, 
where  one  article  is  substituted  for  an- 
other at  his  request,  and  both  are  de- 
fective.    37  L.R.A. (N.S.)   298. 

Damages  recoverable  for  breach  of  warranty 
in  selling  diseased  animals.  34  L.R.A. 
(N.S.)   698, 

Personal  injuries  as  element  of  damages 
for  breach  of  warranty.  3  L.R.A. 
(N.S.)    1047. 

Purchaser's  election   to  rescind  for  breach 
of     warranty     as     affecting     recovery 
.  against  seller.    27  L.R.A. (N.S.)  925. 

Begin  with  this  book  on  every  law  question. 


DAMAGES,  III.  b,  4— cont'd. 

5.  Penalty;  liquidated  damages. 

§   38.  Generally. 

Penalty  as  limit  of  liability  on  bond,  see 

supra,  §  29. 
Reasonableness  of  amount  fixed  as  liquidated 

damages,  see  Reasonableness,  §  6. 


Sum  deposited  to  secure  performance  of  a 
contract  as  a  penalty  or  liquidated 
damages.  38  L.R.A. (N.S.)  847; 
L.R.A.1917E,  372. 

Effect  of  stipulation  for  liquidated  damages 
in  contract  not  to  engage  in  business, 
upon  equitable  jurisdiction  to  enjoin 
breach,  thereof.  10  L.R.A.(N.S.)  204; 
L.R.A.1917E,  886. 

Effect  of  agreement  for  stipulated  damages 
on  remedy  by  injunction  to  restrain 
violation  of  agreement  not  to  pracfice 
medicine  or  surgery  within  a  certain 
territory.     L.R.A.1915B,  206. 

la  a  claim  for  damages  for  breach  of  con- 
tract to  deliver  goods  a  liquidated 
claim.     9  L.R.A.(N.S.)    1134. 

Amount  stipulated  to  be  paid  in  case  of 
breach  of  contract  for  support  as  a 
penalty  or  liquidated  damages.  31 
L.R.A.(N.S.)  937. 

Applicability  of  provision  for  stipulated 
damages  or  penalty  for  delay  in  com- 
pletion of  a  contract  where  the  entire 
contract  is  abandoned  or  repudiated. 
20  L.R.A.(N.S.)  350;  L.R.A.1916E, 
1179. 

Set-off  of  unliquidated  damages  in  bank- 
ruptcy cases.     55  L.R.A.  37. 

Specific  performance  of  land  contract  as  af- 
fected by  provision  for.  2  L.R.A. (N.S.) 
210;   45  L.R.A. (N.S.)    52. 

Validity  and  effect  of  provision  in  contract 
for  increased  rate  of  interest  upon  de- 
fault.    L.R.A.1916E,   726. 

Effect  of  provision  for  remission  of  part 
of  the  principal  or  interest  if  pay- 
ment is  made  at  maturity.  46 
L.R.A.(N.S.)   897. 

Liquidated  damages  for  breach  of  provision 
as  to  crossing  in  deed  to.  railroad  of 
right  of  way.    48  L.R.A. (N.S.)  390. 

Effect  of  the  use  of  the  word  "forfeiture" 
upon  penalty  or  liquidated  damages.  50 
L.R.A. (N.S.)    890. 

Effect  upon  character  of  sum  agreed  upon 
for  breach,  as  penalty  or  liquidated 
damages,  of  single  or  multiple  stipula- 
tions   in   contract.     L.R.A.1915E,    373. 

§  39.  Building  and  construction  con- 
tracts. 

Stipulation  for  damages  in  building  con- 
tract as  penalty  or  liquidated  dam- 
ages.    34  L.R.A.(N.S.)   588. 

Effect  of  single  or  multiple  stipulations 
in   contract.      L.R.A.1915E,   378. 

Effect  of  the  use  of  the  word  "forfei- 
ture."    50  L,R.A.(N.S.)    890. 


INDEX  TO  L.R.A.  NOTES. 


366 


DAMAGES,  III.  b,  5— cont'd. 

Applicability  of  provision  for  stipulated 
damages  or  penalty  for  delay  in  com- 
pletion of  a  contract  where  the  entire 
contract  is  abandoned  or  repudiated. 
20  L.R.A.(N.S.)  350;  L.R.A.1916E, 
1179. 


§   40.  Land  conti'acts. 

Provision  for  damages  in  land  contract  as 
penalty  or  stipulated  damages.    34 
L.R.A.(N.S.)    4. 
EfiFect  of  single  or  multiple  stipulations 
in  contract.  L.R.A.1915E,  384,  390. 
Specific  puriormauce  oi  lanu  contract  as  af- 
fected by  provision  for  liquidated  dam- 
ages.    2  L.R.A.(N.S.)    210;   45  L.R.A. 
(N.S.)  52. 


c.  Telegraph  cases. 


%  41.  Generally. 

Liability  for  mental  anguish,  see  infra, 
§§  102,  103. 

Conflict  of  laws  as  to.  63  L.R.A.  532;  5 
L.R.A.(N.S.)  751;  23  L.R.A.  (N.S.) 
648;  28  L.R.A.(N.S.)  490;  29  L.R.A. 
(N.-S.)  795. 

For  nondelivery  of  telegram  sent  after  oflSce 
hours.     53  L.R.A.  738. 

Damages  recoverable  in  action  by  addressee 
of  telegram  for  delay  in  delivery.  30 
L.R.A.(N.S.)   1133. 

Right  to  recover  against  telegraph  company 
the  loss  sustained  upon  a  commercial 
transaction  entered  into  in  consequence 
of  a  breach  of  its  duty.  4  L.R.A.  (N.S.) 
262. 

Measure  of  damages  where  one  purchases 
goods  in  reliance  upon  a  misquotation 
of  price  in  telegram.  46  L.R.A. (N.S.) 
432. 

Expense  of  trip  or  loss  of  time  as  element 
of  damages  in  action  against  telegraph 
company.     52  L.R.A.  (N.S.)   1180. 

Loss  of  opportunity  to  respond  to  a  call  for 
professional  services  as  a  ground  for 
action  against  telegraph  company.  14 
L.R.A. (N.S.)   533. 

Liability  of  telegraph  company  for  con- 
tinued physical  suffering  of  sender  of 
message  because  of  negligence  in  trans- 
mission and  delivery.  11  L.R.A. (N.S.) 
1149. 

Damages  recoverable  for  nondelivery  or  mis- 
take in  telegram  preventing  one  from 
being  met  at  railroad  station.  35 
L.R.A.(N.S.)   930. 

Damages  for  breach  of  company's  duty  as  to 
message  asking  for,  or  transmitting 
funds.     2  L.R.A. (N.S.)   1073. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  to  transmit  telegram. 
53  L.R.A.  91;  27  L.R.A. (N.S.)  639;  49 
L.R.A.(N.S.)   927. 

For  handling  libelous  message.  9  L.R.A. 
(N.S.)   141. 

Consult  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  III.— cont'd 

d.  Against  carrier, 

§   42.  Generally. 

Right  to   interest  on   damages. 
(N.S.)    17,  82. 


28  L.R.A. 


§  43.  Failure  of  duty  to  passenger. 

Punitive  damages  for,  see  supra,   §   15. 
Liability    for    mental    anguish,    see    infra, 
§  104. 

Carrier's  default  or  delay  as  to  transporta- 
tion of  passenger.  32  L.R.A.  545;  49 
L.R.A.(N.S.)    432. 

Measure  of  damages  for  placing  white  pas- 
senger in  a  car  for  colored  persons.  41 
L.R.A. (N.S.)   960. 

What  injuries  may  be  deemed  the  proximate 
result  of  failure  to  stop  street  car  for 
waiting  passenger.  33  L.R.A. (N.S.) 
1007. 

Damages  incident  to  attempt  to  reach  des- 
tination by  other  means  as  an  element 
of  recovery  for  failure  to  stop  train  for 
intending  passenger.  8  L.R.A. (N.S.) 
880. 

Passenger's  duty  to  minimize  damages  from 
carrier's  default  of  duty  towards  him. 
2  L.R.A.(N.S.)   1087. 

Measure  of  carrier's  liability  for  prevent- 
ing exhibition  or  show  by  breach  of 
contract  of  carriage.  49  L.R.A.  (N.S.) 
491. 

Amount  of  damages  that  may  be  awarded 
for  insulting  language.  44  L.R.A. 
(N.S.)    1139. 

§   44.  — carrying  beyond  destination. 

Punitive  damages  for,  see  supra,  §  15. 

In    general.      17    L.R.A.(N.S.)     1226;     41 

L.R.A.(N.S.)   745. 
Physical  suffering  and  sickness.     17  L.R.A. 

(N.S.)   1227. 
State  of  weather.    17  L.R.A.(N.S.)   1228. 
Condition  of  way  back  to  destination.     17 

L.R.A.(N.S.)   1228. 
Mental  anguish.     17  L.R.A.(N.S.)   1228. 
Peril.     17  L.R.A. (N.S.)    1230. 
Trouble  and  inconvenience.    17  L.R.A.(N.S.) 

]230. 
Loss    of    time    and    expenses.      17    L.R.A. 

(N.S.)    1230. 
Other  losses.     17  L.R.A. (N.S.)    3230. 
Nominal  damages.     17  L.R.A.(N.S.)    1230. 

§  45.  Ejection  of  passenger. 

Liability  for  mental  anguish,  see  infra, 
§  105. 

Damages  for  wrongfully  threatening  pas- 
senger with  expulsion.  L.R.A.1918D, 
876. 

For  ejection  of  sick  or  intoxicated  pas- 
senger.    L.R.A.1915C,  146. 

Right  to  interest  on  damages  allowed  for 
ejection.     28  L.R.A. (N.S.)    24. 

Damages  recoverable  by  passenger  who  sub- 
mits to  ejection  to  lay  foundation  for 
action.     9  L.R.A.  (N.S.")   1060. 


366 


INDEX  TO  L.R.A.  NOTES. 


DAMAGES,  III.  d— cont'd. 

Conductor's  refusal  to  listen  to  passengers 
explanation  as  to  his  contract,  as  jus- 
tlHcation  for  punitive  damages  for  pas- 
senger's expulsion.  17  L.R.A.(N.S.) 
344. 

Passenger's  duty  to  pay  fare  wrongfully  de- 
manded in  order  to  lessen  damages.  43 
L.R.A.  706;  34  L.R.A.(N.S.)  282; 
L.R.A.1918D,  1032. 

g  4  6.  In   respect  to  baggage. 

Punitive  damages,  see  supra,  §  15. 

Liability  for  mental  anguish,  see  infra, 
§  106. 

Measure  of  recovery  against  baggage  trans- 
fer company.     L.R.A.1916D,  1203. 

Right  to  recover  expenses  or  damages  inci- 
dental to  loss  of,  or  delay  in  delivering, 
baggage.  7  L.R.A.(N.S.)  188;  L.R.A. 
1916A,  649. 

g  4  7.  In  respect  to  freight. 

Loss  of  profits  as  element  of  damages,  see 
infra,  §  118. 

Allowance  of  interest  on  damages  to  prop- 
erty injured,  delayed,  or  lost  in  trans- 
portation.    18  L.R.A.  451. 

Measure  of  carrier's  liability  for  preventing 
exhibition  or  show  by  breach  of  con- 
tract of  carriage.  4  L.R.A.(N.S.)  569; 
49  L.R.A.  (N.S.)   491. 

Amount  of  carrier's  liabilitv  for  loss  of 
goods.     2  L.R.A.  (N.S.)   773. 

For  failure  to  furnish  cars.  8  L.R.A.(N.S.) 
112;   44  L.R.A. (N.S.)    655. 

Measure  of  damages  for  carrier's  delay  in 
delivery  of  receptacles  for  perishable 
goods.     24  L.R.A.(N.S.)    134. 

Constitutionality  of  legislation  affecting 
amount  of  liability  or  penalty  for  de- 
lay in  delivery  or  for  destruction  of 
freight.     20  L.R.A. (N.S.)    126. 

Extent  of  initial  carrier's  liability  under 
contract  limiting  undertaking  to  its 
own  line.     31  L.R.A.(N.S.)   67. 

Time  of  notice  to  warrant  special  damages 
for  failure  of  carrier  to  deliver  prop- 
erty.   3  L.R.A. (N.S.)  1111. 

Effect  of  misrepresentation  as  to  character, 
quantity,  or  value  of  goods  by  shipper 
on  his  right  to  recover  for  loss.  23 
L.R.A.(N.S.)   745;  L.R.A.1915A,  502. 

e.  Torts  generally. 

g   48.  Generally. 

Allowance  of  punitive  or  exemplary  dam- 
ages for,  see  supra,  §   16. 

Against  passenger,  see  supra,  §§  43-45. 

Liabilitv  for  mental  anguish,  see  infra, 
§§  '97-99. 

Loss  of  profits  as  an  element  of  damages, 
see  infra,  §  108. 

Right  to  interest  on  damages.     28  L.R.A. 

(N.S.)    1. 
Law    governing   measure    of    damages    for. 

56  L.R.A.  312. 
For  withholding  or  destroying  evidence  to 

which  adversary  is  entitled.     34  L.R.A. 

589. 
Begin  vHth  this  book  on  every  law  question. 


DAMAGES,  III.  e— cont'd. 

Counsel  fees  and  other  expenses  of  bring- 
ing suit  as  part  of  compensatory  dam- 
ages recoverable  in  an  action  for  tort. 
28  L.R.A.(N.S.)    761. 

Basis  for  determining  earning  capacity  in 
action  under  Civil  Damage  Act.  L.R.A, 
1918F,   654. 

Measure  of  damages  for  enticement  of  serv- 
ant.    5  L.R.A. (N.S.)    1100. 

Measure  of  damages  in  civil  action  for  ab- 
duction of  child.     45  L.R.A. (N.S.)   873. 

Damages  recoverable  for  delaying  person  by 
blocking  railroad  crossing.  44  L.R.A. 
(N.S.)   1069;  L.R.A.1915E,  336. 

Measure  of  damages  for  loss  caused  by  neg- 
ligence or  wrong  of  notary  or  other  of- 
ficer certifying  to  acknowledgment  or 
affidavit.     49  L.R.A. (N.S.)   55. 

Damages  recoverable  for  wrongful  search. 
50  L.R.A.(N.S.)    1151. 

For  disinterment  of  dead  bodies.  42  L.R.A. 
729. 

For  interference  with  rights  of  ferryman. 
59  L.R.A.  553. 

For  being  prevented  from  voting  at  a  pub- 
lic election.     31  L.R.A.  (N.S.)    1106. 

Forcing  cropper  from  premises.  38  L.R.A. 
(N.S.)   714. 

/.  Fraud. 

§   49.  Generally. 

Right  to  interest  on  damages  for  fraud  and 
deceit.     28  L.R.A. (N.S.)    49,  50. 

Measure  of  damages  for  misrepresenting 
value  of  corporate  stock  sold.  43  L.R.A. 
(N.S.)   373. 

Damages  recoverable  for  fraud  and  deceit 
in  selling  diseased  animals.  34  L.R.A. 
(N.S.)   697. 

Measure  of  damages  for  false  representa- 
tions in  sale  of  real  estate.  8  L.R.A. 
(N.S.)   804;  16  L.R.A. (N.S.)   818. 

Measure  of  damages  for  fraud  in  the  ex- 
change of  property.  38  L.R.A. 
(N.S.)   465. 

May  purchaser  recover  damages  for  breach 
of  warranty  or  fraud  as  to  both  articles 
where  one  article  is  substituted  for  an- 
other at  his  request  and  both  are  de- 
fective.    37   L.R.A. (N.S.)    208. 

Rescission  of  purchaser  for  seller's  fraud 
as  affecting  former's  right  to  n.'cover 
damages  other  than  loss  of  contract. 
31  L.R.A.(N.S.)    910. 

g.  Sexual  offenses;  breach  of  promise; 
seduction;  criminal  conversation; 
alienation  of  affections. 


g  50.  In  general. 

Mental  angu'ah  as  element  of  damages  for 
trespass  on  person  of  a  woman  affect- 
ing her  character  or  reputation  for 
chastity.     33  L.R.A. (N.S.)   98. 

g  50a.  Breach  of  promise;  seduction. 

Mitigation  of  damages  for  breach  of  promise 
of  marriage,  see  supra,  §  6. 


INDEX  TO  L.R.A.  NOTES. 


S67 


DAMAGES,  III.  g— cont'd. 

Measure  of  damages  for  breach  of  promise 

to  marry.     41  L.R.A.(N.S.)    840. 
Riglit    to    prove    seduction    in    aggravation 

of  damages  in  breach  of  promise  case. 

4   L.R.A.(N.S.)    616;    36   L.R.A.(N.S.) 

388. 
Necessity  of  averring  seduction  in  order  to 

recover  therefor  in  an  action  for  breach 

of   promise.      33   L.R.A.(N.S.    )702. 
Pregnancy  or  birth  of  cliild  as  an  element 

of  damages  for  breach  of  promise.     43 

L.R.A.(N.S.)   972. 
Amount  of  damages  recoverable  for  seduc- 
tion.   52  L.R.A.(N.S.)  85. 
Mental   anguish   as   element  of  damages   in 

cases    of    seduction.      33    L.R.A.(N.S.) 

99. 

§  50b.  Criminal  conversation;  alien- 
ation of  affections. 

Excessive  damages  in  action  for  alienation 

of  affections   or  criminal   conversation. 

42  L.R.A.(N.S.)   582. 
Mental  suffering  of  husband  as  element  of 

damages  for  criminal  conversation.     16 

L.R.A.(N.S.)    674. 

h.  Against  corporate  directors  or  pro- 
moters. 

%   51.  Generally. 

For  breach  of  duty  by  directors.     55  L.R.A. 

774. 
Measure  of  damages   against  promoters   of 

corporations.      18    L.R.A. (N.S.)     1131. 

t.  Assault;     false    imprisonment;     ma- 
licious prosecution;  ahuse  of  process. 

§    52.  Assanlt. 

Inadequacy  of  damages  as  ground  for  set- 
ting aside  verdict,  47  L.R.A.  44;  39 
L.R.A.  (N.S.)   487. 

Right  to  recover  for  mental  suffering  caused 
bv  assault  where  no  bodily  injury  is  in- 
flicted.    2^  L.R.A. (N.S.)   976. 

Mental  anguish  as  element  of  damages  for 
trespass  on  person  of  woman  affecting 
her  character  or  reputation  for  chas- 
tity.    33  L.R.A. (N.S.)    98. 

Punitive  damages  for  assault  by  carrier's 
servant  on  passenger.  32  L.R.A. (N.S.) 
1201;  L.R.A.1915E,  671. 

Admissibility  of  evidence  of  provocation  to 
mitigate  damages.  1  L.R.A.  (N.S.) 
137;  11  L.R.A.(N.S.)  670. 

§   53.  False  imprisonment. 

Condition  of  place  of  imprisonment  and 
treatment  while  in  custody  as  elements 
of  damages.  33  L.R.A.  (N.S.)  291; 
L.RA.1915D,  622. 

Release  upon  defendant's  own  recognizance 
or  on  bail  as  affecting  damages  recov- 
erable.    22  L.R.A. (N.S.)   1196. 

Reasonable  and  probable  cause  of  suspicion 
as  mitigating  damages  for  false  im- 
prisonment.    45  L,R.A.(N.S.)    64. 

§   54.  Malicious  prosecution. 

Punitive  damages,  see  supra.  §   16a. 
Consult  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  III.  h— cont'd. 

Mitigation  of  damages  because  of  advice  of 
counsel.     18  L.R.A. (N.S.)   54. 

Mitigation  of  damages  for  wrongful  attach- 
ment by  showing  subsequent  seizure 
and  sale  of  the  attached  property  by  the 
plaintiff  in  attachment  or  by  offsetting 
the  indebtedness  or  judgment  in  hia 
favor.     L.R.A.1918B,   801. 

Loss  of  profits  as  element  of  damages  for 
wrongful  attachment.  46  L.R.A. (N.S.) 
470. 

Condition  of  place  of  imprisonment  and 
treatment  while  in  custody  as  elements 
of  damages.  33  L.R.A.  (N.S.)  291; 
L.R.A.1915D,  621. 

Inadequacy  of  damages  as  ground  for  set- 
ting aside  verdict.    47  L.R.A.  43. 

In  action  for  malicious  prosecution  for 
wrongful  search  of  premises.  39  L.R.A. 
,       (N.S.)    207. 

§   55.  Abuse  of  process. 

Exemplary  damages,  see  supra,  §  16a. 

Loss  of  profits  as  element  of  damages  for 
conversion  under  color  of  judicial  pro- 
cess.    52   L.R.A,   54. 

Right  to  interest  on  damages  from  wrong- 
ful levy.     28  L.R.A. (N.S.)    36. 


j.  Libel  or  slander. 

§   5  6.  'Generally. 

Mitigation  of  damages  for,  see  supra,  §  9. 
Punitive  damages  for,  see  supra,  §   16b. 

Measure  of  damages  for  libel  or  slander 
reflecting  on  integrity  or  responsibility 
of   merchant.     44   L.R.A. (N.S.)    351. 

Special  damages  which  will  sustain  an  ac- 
tion for  libel  or  slander  in  charging  a 
woman  with  unchastity.  24  L.R,A. 
(N,S.)  577;  48  L.R.A.  (N.S.)  615. 

Damages  against  telegraph  company  for 
handling  libelous  message.  9  L.R.A. 
(N.S.)   141. 

Admissibility  of  evidence  of  family  rela- 
tions of  plaintiff  on  question  of  dam- 
ages.    23  L.R.A,  (N.S.)    362. 

Mitigation  of  damages  for  libel  or  slander 
by  wife.     30  L.R.A.  529. 

Sufficiency  of  retraction  to  reduce  damages 
in  an  action  for  libel  as  a  question  for 
the  court  or  for  the  jury.  25  L.R.A. 
(N.S.)   796. 

Bad  character  or  reputation  of  plaintiff  as 
mitigating  damages.  38  L.R.A.  (N.S.) 
1176. 

Inadequacy  of  damages  as  ground  for  set- 
ting aside  verdict.    47  L.R.A.  42. 

fc.  Personal  injuries. 

§   5  7,  Generally. 

Mitigation    or    reduction    of    damages,    see" 

supra,  §  7. 
Punitive  damages  for,  see  supra,  §  18. 
To  passenger,  see  supra,  §§  43,  44. 
Liability    for    mental    anguish,    see    infraJ 

§  100. 


S68 


INDEX  TO  L  K.A.  NOTES. 


DAMAGES,  III.  k— cont'd. 

Relevancy  and  materiality  of  evidence  as 
to,  see  Evidence,  §  2G4. 

Extent  of  recovery  under  Workmen's  Com- 
peiisjition  Act,  see  Workmen's  Com- 
pensation, §§  15,  15a. 

'Adnaissibility  of  opinion  of  party  or  wit- 
ness as  to  extent  of  monetary  damages 
sustained  in  consequences  of  personal 
injury.     52  L.R.A.(N.S.)    107. 

Beccipt  of  proceeds  of  insurance  as  affect- 
ing measure  of  damages  for  injury. 
L.R.A.1915E,  1201. 

Law  governing  measure  of  damages  for.  56 
L.R.A.  312. 

As  affected  by  loss  of  profits.  52  L.R.A. 
36. 

Right  to  interest  on  damages.  28  L.R.A. 
(N.S.)   70. 

Difference  between  law  of  forum  and  of 
place  of  injury  affecting  amount  of  re- 
covery.    56  L.R.A.  205. 

Against  municipality  for  injury  from  defect 
or  obstruction  in  street.  20  L.R.A. 
{N.S.)   763. 

Measure  of  damages  recoverable  from  land- 
lord for  injury  to  tenant  from  defect 
in  premises.     34  L.R.A.  831. 

Extent  of  trespasser's  liability  for,  as  a 
consequential    injury.      53   L.R.A.   631. 

Measure  of  damages  for  personal  injury 
by  dog.     37  L.R.A. (N.S.)   8^65. 

Liability  of  telegraph  company  for  continued 
physical  suffering  of  sender  of  message 
because  of  negligence  in  transmission 
and  delivery.    11  L.R.A.{N.S.)  1149. 

Damages  recoverable  in  action  by  master 
for  injury  to  servant  or  apprentice. 
32  L.R.A.(N.S.)    38. 

Wife's  right  to  recovery  for  loss  of  consor- 
tium resulting  from  negligent  injury  to 
husband.  24  L.R.A.(N.S.)  1024;  L.R.A. 
191 6E,  703. 

Elements  and  measure  of  damages  in  action 
under  Federal  Employers'  Liability  Act. 
47   L.R.A.(N.S.)    80;    L.R.A.1915C,   87. 

Extent  and  character  of  developments  fol- 
lowing personal  injury  for  which  per- 
son indicting  the  injury  is  liable.  48 
L.RJk.(N.S.)  93. 

May  substantive  law  of  state  be  invoked  in 
action  for  personal  injuries,  not  result- 
ing in  death,  on  waters  within  the  mari- 
time jurisdiction.     L.R.A.1917F,  678. 


§  58.  Cost  of  medical  attendance  as 
clement. 

Allowance  for  physician's  services  in  action 
for  personal  injuries,  without  evidence 
of  the  value  thereof.  19  L.R.A.(N.S.) 
920. 

Cost  of  medical  treatment  as  element  of 
damages  for  injury  by  dog.  37  L.RJL. 
(N.S.)    860. 

As  element  of  recovery  under  Workmen's 
Compensation  Act.     L.R.A.1917D,  178. 

§  59.  Extent  of  recovery  by  husband 
for  Injuries  to  wife. 

Husband's  right  to  recover  for  loss  of  con- 
Begin  with  this  hook  on  every  laic  question 


DAMAGES,  III.  k— cont'd. 

sortium  through  personal  injury  to 
wife.  33  L.R.A.{N.S.)  1042;  L.R.A. 
1915D,  524. 

Right  of  married  woman  to  recover  for  loss 
of  time,  services,  wages,  or  impaired 
capacity.     20  L.R.A. (N.S.)    215. 

Excessiveness  of  verdict  in  action  by  hus- 
band for  services  of  injured  wife. 
L.R.A. 1915F,    489. 


§  59a.  Extent  of  recovery  generally  by 
married  woman  for  injuries  to  her. 

Right  of  married  woman  to  recover  for  loss 
of  time,  services,  wages,  or  impaired 
capacity  to  labor.  20  L.R.A. (N.S.) 
215. 

Effect  of  temporary  cessation  from  inde- 
pendent employment  upon  right  of 
married  woman  to  recover  for  loss  of 
earning  capacity  due  to  personal  in- 
jury.    23  L.R.A.(N.S.)    408. 

Excessivertess  of  verdict  in  action  for  per- 
sonal injury  to  married  woman.  L.R.A. 
1915F,  i88. 

Marriage  of  woman  after  personal  injury  as 
affecting  damages.    L.R.A.  19160,  592. 


§   60.  Damages  for  miscarriage. 

Excessiveness  of  verdict  for  injuries  indu- 
cing.    L.R.A.1915F,  426. 

Recovery  of  damages  for  miscarriage.  32 
L.R.A.  142. 

Miscarriage  as  an  element  of  damages.  23 
L.R.A.(N.S.)   345. 

Off-set  against  damages  for  suffering  from 
miscarriage,  of  suffering  which  would 
have  resulted  from  natural  parturition. 
17  L.R.A.(N.S.)   598. 

Mental  anguish  as  element  of  damages  for. 
17  L.R.A.(N.S.)  594;  L.R.A.1917E, 
1049. 

Right  to  recover  for  miscarriage  resulting 
from  fright  caused  by  wrongful  act.  3 
L.R.A. (N.S.)  49;  22  •  L.R.A.(N.S.) 
1073;  24  L.R.A.  (N.S.)  1159;  L.R.A. 
1915D,  830. 


§   61.  Injury  to  business  or  time  lost. 

Admissibility  on  question  of  damages  for 
personal  injuries  of  amount  paid  for 
services  of  substitute  during  incapacity. 
30  L.R.A. (N.S.)  737. 

Recovery  for  loss  of  time,  in  action  for  per- 
sonal injury,  as  affected  by  contin- 
gent character  of  compensation.  8 
L.R.A.(N.S.)   1228. 


§   62.  Prospective  damages. 

Continuing  effect  of  injury.     11  L.R.A.  45.* 
Damages  probable  in  the  future.    11  L.R.A. 
46.* 


§63.  —injury  to  earning  power. 

Right  of  married  woman  to  recover  for  im- 
paired capacity  to  labor.  20  L.R.A. 
(N.S.)   215. 


INDEX  TO  L.R.A.  NOTES. 


369 


DAMAGES,  III.  k— cont'd. 

Effect  of  temporary  cessation  from  inde- 
pendent employment  on  married  wom- 
an's right  to  recover  for  loss  of  earning 
capacity  due  to  personal  injury.  23 
L.R.A.(N.S.)    408. 

Eight  of  infant  to  recover  damages  for  loss 
of  services  or  diminished  earning  capac- 
ity, during  minority,  from  personal  in- 
juries.   6  L.R.A.(N.S.)  552. 

Admissibility  of  evidence  of  earnings  in 
higher  position  on  question  of  damages 
for  injury  to  person  in  line  of  pro- 
motion.   1  L.R.A.(N.S.)  1350. 

§   64.  Excessive  or  inadequate  recovery. 

Excessiveness  of  verdicts  in  actions  for  per- 
sonal injuries  other  than  death.  L.R.A. 
I915F,  30. 

Review  by  appellate  court  of  trial  court's 
ruling  on  motion  to  grant  a  new  trial 
in  an  action  for  bodily  injuries,  on  the 
ground  of  inadequacy  of  damages 
awarded.    28  L.R.A.  (N.S.)   130. 

I.  Death. 

§   65.  Generally. 

Mitigation    or    reduction    of    damages,    see 

supra,  §  7. 
Punitive  damages  for,  see  supra,  §  18. 
Liability    for    mental    anguish,    see    infra, 

§  101. 


Generally.     17  L.R.A.  71. 

Law  governing.     15  L.R.A.  585;   56  L.R.A. 

312. 
Pecuniary  loss  only  recoverable.     17  L.R.A. 

7L 
Presumption    and    burden    of    proof    as    to 

pecuniary  loss.     L.R.A.1918C,  1056. 
Character    and    sufficiency    of    evidence    to 

show  pecuniary  loss  to  estate  of  dece- 
dent.   L.R.A.1918C,  1111. 
Character    and    sufficiency    of    evidence    to 

show   pecuniary   loss  to  beneficiary   in 

action  for  death.     L.R.A.1918C,  1122. 
Character    and    sufficiency    of    evidence    to 

show    pecuniary    loss    to    parents    by 

death  of  child.     L.R.A.1918E,  278. 
Evidence  of  the  earnings  of  the  deceased  to 

show    pecuniary    loss    by    his    death. 

L.R.A.1918C,  1080. 
Admissibility  of  opinion  evidence  to  show 

pecuniary  loss  in  action  for  wrongful 

death.     L.R.A.1918C,  1096. 
Admissibility  and  use  of  mortality  tables  in 

death   action   to   show   pecuniary   loss. 

L.R.A.1918C,  1071. 
Reduction  to  present  value  of  pecuniary  loss 

to    the     statutory     beneficiaries     from 

death.     L.R.A.1917F,  373. 
Pain  and  suffering.     17  L.R.A.  72. 
State  statutes  construed.     17  L.R.A.  73. 
Contributive  causes  of  death.     17  L.R.A.  76. 
Action  for  death  of  relative.     17  L.R.A.  76. 
Damages   recoverable  by  collateral   kindred 

for  negligent  killing  of  their  relative. 

11  L.R.A.(N.S.)   623. 
May  parent's  recovery  for  death  of  minor 

child  extend  beyond  his  minority.     48 

L.R.A.(N.S.)   687. 
Effect  of  benefit  from  other  source  to  miti- 
gate damages.     67  L.R.A.  91. 
Constat  also  L.B.A.  Digests  of  Cases.    24 


DAMAGES,  III.  1— cont'd. 

Receipt  by  beneficiary  of  property  from 
estate  of  decedent  as  affecting  damages 
recoverable  for  decedent's  death.  LTR.A. 
1915E,   1205. 

Receipt  of  proceeds  of  insurance  as  affecting 
measure  of  damages  for  death.  L.R.A. 
1915E,  1201. 

Instantaneous  death  as  test  of  amount  of 
recovery.     L.RA.1916C,  973. 

In  action  under  Federal  employers'  lia- 
bility act.  47  L.R.A.(N.S.)  80;  L.R.A. 
1915C,  87. 

Interest  on  sum  allowed  as  damages.  18 
L.R.A.  449;  28  L.R.A.  (N.S.)    72. 

Differences  as  to  amount  of  recovery  as  af- 
fecting action  for  death  based  on  stat- 
ute of   another  state.     56   L.R.A.   205. 

Effect  of  previous  disease  of  person  injured 
resulting  in  death  on  liability  for  caus- 
ing the  injuries.  16  L.R.A.  269;  17 
L.R.A.  71. 

Settlement  of  cause  of  action  for  death  by 
beneficiaries  without  assent  of  executor 
or  administrator.  35  L.R.A.  (N.S.) 
207. 

Recovery  by  administrator,  in  action  for 
benefit  of  estate,  of  probable  accumula- 
tions of  deceased  as  damages  for  death. 
15  L.R.A. (N.S.)   451. 

Right  to  recover  funeral  or  medical  ex- 
penses.   2  B.  R.  0.  711. 

Admissibility  in  action  for  wrongful  death 
of  evidence  of  profits  or  contributions 
from  business  conducted  by  decedent. 
L.R.A.1918C,  1087. 

Evidence  of  habits  or  character  of  person 
killed  as  affecting  damages.  1  L.R.A. 
(N.S.)    198. 


§  65a.  Excessive  or  inadequate  re- 
covery. 

Excessive  or  inadequate  damages  for  per- 
sonal injuries  resulting  in  death, 
L.R.A.1916C,  820. 

Rules  guiding  the  courts  on  appeal  in  de- 
termining excessiveness  or  inadequacy 
of  verdicts  for  personal  injuries  result- 
ing in  death.     L.R.A.1916C,  810. 

Excessive  damages  under  civil  damage  act 
for  death  through  intoxication.  L.R.A. 
1916D,  943. 


§   66.  Of  husband  or  wife. 

Presumption    and    burden    of    proof    as    to 

pecuniary  loss.     L.R.A.1918C,  1060. 
Instances  of  excessive  or  inadequate  amount. 

L.R.A.1916C,  864. 
Loss  of  consortium  as  element  of  damage 

for  wrongful  death.     19   L.R.A. (N.S.) 

633;  L.R.A.1916D,  187. 
Measure  of  damages  recoverable  for  negli- 
gent killing  of  husband.    17  L.R.A. 
76. 
Measure  of  damages  for  death  of  wife.     17 

L.R.A.  77. 
Husband's  right  at  common  law  to  recover 

for  loss  of  time  and  funeral  expenses 

necessitated  by  negligent  killing  of  his 

wife.    9  L.R.A.(N.S.)  1193. 


370 


INDEX  TO  L.K.A.  NOTES. 


DAMAGES,  III.  1-— cont'd. 

Widow's  right  to  year's  support  or  allow- 
ance out  of  fund  recovered  for  negli- 
gent killing  of  husband.  42  L.R.A. 
(N.S.)    725. 

Marriage  of  injured  person  after  his  injury 
as  affecting  damages  recoverable  for  his 
death  from  such  injury.  L.R.A.1915E, 
1199. 

g  67.  Damages  recoverable  by  minor 
for  death  of  parent. 

Elements  of  damages  recoverable  by  child 
for  death  of  mother.  19  L.R.A.(N.S.) 
128. 

Is  minor's  right  to  damages  for  negligent 
killing  of  parent  limited  to  period  of 
minority.  18  L.R.A.(N.S.)  1205;  39 
L.R.A.(N.S.)   1156. 

m.  Injury  to  or  detention  of  personal 
property. 

§  68.  Injury  or  destruction. 

Injury  to  growing  crops,  see  infra,  §  74. 

Injury  to  trees,  see  infra,  §  75. 

Injury  to  personalty,  as  element  of  damages 

from  condemnation  of  realty,  see  infra, 

III.  q. 

Possibility  of  salvage  as  affecting  amount  of 
damages  for  destruction  of  property. 
L.R.A.1918A,  276. 

Measure  of  damages  for  injury  to  tenant's 
property  by  water.     L.R.A.1917B,  234. 

Measure  of  damages  for  loss  of,  or  injury 
to,  household  goods  or  wearing  apparel. 
L.R.A.1917D,   495. 

Measure  of  recovery  for  damages  to  goods 
received  for  cold  storage.  52  L.R.A. 
108;  38  L.R.A.(N.S.)   997. 

In  action  by  bailee  for  damages  to  bailed 
property.     3  B.  R.  C.  393. 

Measure  of  damages  for  damage  to  automo- 
bile used  for  pleasure.  L.R.A.1915C, 
319. 

Measure  of  damages  in  case  of  unlawful 
seizure  of  mortgaged  chattels  by  mort- 
gagee assuming  to  act  under  mortgage. 
L.R.A.1915E,  199. 

Extent  of  liability  of  municipality  for  prop- 
erty destroyed  by  mob.    24  L.R.A.  595. 

Constitutionality  of  statutes  relating  to 
fixing  value  of  stock  killed  on  unfenped 
road.     31  L.R.A.  (N.S.)   867. 

Right  to  interest  on  damages.  18  L.R.A. 
450;  28  L.R.A.(N.S.)  12,  28,  38,  42,  66, 
68,  81. 

Measure  of  damages  for  loss  or  destruction 
of  manuscript,  legal  papers,  and  the 
like.    8  L.R.A.{N.S.)   369. 

Loss  of  time  as  element  of  damages  for  de- 
struction or  loss  of  use  of  implements 
or  tools  of  laborer  or  professional  man. 
25  L.R.A.(N.S.)  625. 

Loss  of  profits  as  element  of  damages  for 
wrongful  destruction  of  logs  or  timber. 
18  L.R.A.(N.S.)  250. 

§  69.  Replevin. 

Measure  of  recovery  on  replevin  bond,  see 
supra,  §  28. 


DAMAGES,  III.  m— cont'd. 

Loss  of  profits  as  element  of  damages  for 
seizure  under  wrongful  replevin.  52 
L.R.A.  56. 

Right  to  interest  on  value  of  property 
taken.     28  L.R.A.  (N.S.)    42. 

Do  damages  in  replevin  for  propeity  con- 
verted include  value  added  by  the 
transportation  of  the  goods  of  the 
wrongdoer  after  conversion.  52  L.R.A. 
(N.S.)   390. 


§   70.  Conversion. 

Mitigation  of,  see  supra,  §  9a. 

For  conversion  of  household  goods  or  wear- 
ing apparel.     L.R.A.1917D,  495.       * 

In  action  by  bailee  for  conversion  of  bailed 
property.     3  B.  R.  C.  393. 

Loss  of  profits  as  element  of  damages  for 
conversion.    52  L.R.A.  51. 
Conversion  of  logs  or  timber.   18  L.R.A. 
(N.S.)   250;  52  L.R.A.(N.S.)  97. 

Measure  of  damages  for  pledgee's  conver- 
sion of  property  by  invalid  sale.  43 
L.R.A.  768. 

Damages  recoverable  by  conditional  vendor 
of  personalty  from  third  person  who 
converts  the  same  after  partial  pay- 
ment of  the  purchase  price.  10  L.R.A. 
(N.S.)   458. 

Measure  of  damages  in  trover  for  injury  to, 
or  destruction  of,  trees  or  standing  tim- 
ber. 19  L.R.A.  654;  18  L.R.A. (N.S.) 
247;  52  L.R.A. (N.S.)  93. 

Do  damages  for  conversion  include  value 
added  by  the  transportation  of  the 
goods  by  wrongdoer  after  conver- 
sion.    52  L.R.A. (N.S.)    392. 

Value  of  use  of  property  as  element  or 
measure  of  damages  in  action  for  con- 
version of  personal  property.  L.R.A. 
1915B,  291. 

n.  Injury  to,  or  detention  of,  real  prop^ 
erty. 

1,  In  general. 


%   71.  Generally. 

In    condemnation    proceedings, 
III.  q. 


see    infra, 


Begin  xcitH  this  hooTe  on  every  laxo  question. 


Cost  of  restoration  as  measure  of.  17 
L.R.A.  426. 

Right  to  interest  on  damages.  28  L.R.A. 
(N.S.)  38. 

Measure  of  damages  to  leasehold  from 
change  of  grade.    L.R.A.1917C,  428. 

Measure  of  damages  against  tenant  for  con- 
dition of  premises.     64  L.R.A.  665. 

Measure  of  damages  for  failure  of  lessee 
under  oil  and  gas  lease  to  protect  leased 
premises  from  wells  on  adjoining  land. 
L.R.A.1917E  983. 

Extent  of  liability  of  municipality  for  prop- 
erty destroyed  by  mob.    24  L.R.A.  595. 

Measure  of  damages  for  allowing  land  to 
become  infested  with  weeds.  12  L.R.A. 
(N.S.)  88. 


INDEX  TO  L.E.A.  >JOTES. 


371 


DAMAGES,   III.  n,   1— cont'd. 

Loss  of  customers  as  element  of  damages 
from  obstruction  of  highway.  13 
L.R.A.(N.S.)    253. 

Measure  of  damages  for  injury  to  public 
land  before  homesteader  receives  pat- 
ent.    17   L.R.A.(N.S.)    958. 

Duty  to  commit  wrongful  acts  to  minimize 
damages.     3  L.R.A.(N.S.)   1092. 

Duty  to  mitigate  damages  from  trespass. 
'38  L.R.A.(N.S.)   244. 

Duty  of  property  owner  to  minimize  dam- 
ages from  change  of  grade.  44  L.R.A. 
(N.S.)    301. 

Mental  anguish  as  element  of  damages  for 
trespass.     53  L.R.A.   632. 

Loss  of  profits  as  element  of  damages  for 
trespass.    52  L.R.A.  42. 

Personal  wrong  as  aggravation  of  damages 
for  trespass  on  realty.  19  L.R.A. 
(N.S.)   1034;  37  L.R.A. (N.S.)   912. 


§  72.  Removal  of  lateral  or  subjacent 
support. 

For  removal  of  lateral  or  subjacent  support. 
68  L.R.A.  701. 

Removal  of  lateral  support  as  constituting 
damaging  or  injuring  within  meaning 
of  constitutional  provision  against  tak- 
ing, damaging,  or  injuring  property  for 
public  use  without  compensation.  5 
L.R.A.(N.S.)  1086;  L.R.A.1917E,  576. 

Measure  of  damages  for  destruction  of,  or 
damage  to,  building  by  excavating. 
L.R.A.1917A,  371. 

Measure  and  elements  of  damages  recover- 
able for  non-negligent  interference  with 
right  of  support.    5  B.  R.  C.  923. 


§   73.  Extent    of    trespasser's    liability 
for  consequential  injuries. 

In  general.     53  L.R.A.  626. 

Consequential     injuries    to    property.      53 

L.R.A.  627. 
Consequential    injuries   to  the  person.     53 

L.R.A.  631. 


2.  Injury  to,    or  destruction  of  build- 
ings, crops,  or  trees. 


§   7Sa.  Buildings. 

Measure  of  damages  for  destruction  of,  or 
damage  to,  building.    L.R.A.1917A,  367. 


§   74.  Crops. 

By  overflow,  see  infra,  §  77. 

Measure  of  damages  for  injury  to  or  de- 
struction of  growing  crops.  12  L.R.A. 
(N.S.)  267;  23  L.R.A.(N.S.)  310;  27 
L.R.A.(N.S.)  168;  37  L.R.A.  (N.S.) 
976;  49  L.R.A. (N.S.)   415. 

Injuries  to  crops,  as  element  of  damages 
from  removal  of  fence.     53  L.R.A.  630. 

Consult  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  III.  n,  2— cont'd. 

Loss  of  crops  as  element  of  damages  for 
breach  of  warranty  because  of  unex- 
pired lease.     35  L.R.A. (N.S.)   781. 

Measure  of  damages  for  breach  of  contract 
to  furnish  water  for  irrigation.  19 
L.R.A.(N.S.)  938;  31  L.R.A.(N.S.) 
743. 


§   75.  Trees  and  timber. 

Measure  of  damages  for  injury  to,  or  de- 
struction   of,    trees    or    shrubbery    not 
valuable  for  their  timber  or   firewood. 
11  L.R.A.(N.S.)    930;   28  L.R.A.(N.S.) 
757;   37  L.R.A. (N.S.)    1115. 
Measure  of  damages  for  wrongful   cutting 
or  destruction  of  standing  timber. 
19    L.R.A.    653;     18    L.R.A. (N.S.) 
244;  52  L.R.A. (N.S.)   91. 
Loss  of  profits  as  element  of  damages. 
18    L.R.A.(N.S.)     250;    52    L.R.A. 
(N.S.)  97. 
In   action    for    trespass    by    entering   upon 
land  to  remove  timber  after  time  lim- 
it.    29  L.R.A. (N.S.)    551. 
Right   to    interest   on    value   of   timber   de- 
stroyed   by    fire.      18    L.R.A.    450;    28 
L.R.A.(N.S.)    66. 


3.  Injury  to  water  rights;  overflows; 
pollution. 

§   7  6.  Generally. 

For  cutting  off  access  of  riparian  owner  to 
navigable  waters.     15  L.R.A.  618. 

Measure  of  damages  for  breach  of  contract 
to  furnish  water  for  irrigation.  19 
L.R.A.(N.S.)  938;  31  L.R.A.(N.S.) 
743. 

Measure  of  damages  for  taking  of  water 
by  right  of  eminent  domain.  58  L.R.A. 
253. 

Measure  of  damages  for  property  taken  for 
purposes  of  canal.     61  L.R.A.  841. 

Right  to  interest  on  damages  in  cases  in- 
volving water  rights.  28  L,R.A.(N.S.) 
76. 

Loss  of  profits  as  elements  of  damages  for 
interference  with  water  power  of  mill. 
52  L.R.A.(N.S.)    1004. 


§  77.  Flooding;  obstruction;  surface 
water. 

Mitigation  of  damages,  see  supra,  §  10a. 

Measure  of  damages  for  the  occasional 
flooding  of  land.     3  L.R.A.(N.S.)    973. 

For  destruction  of,  or  damage  to,  building 
by   water.     L.R.A.1917A,   373. 

For  obstructing  water  of  stream.  69  L.R.A. 
892. 

Measure  of  damages  for  injury  to,  or  de- 
struction of,  growing  crop  by  overflow. 
12  L.R.A. (N.S.)  267;  27  L.R.A.  (N.S.) 
168;  37  L.R.A.(N.S.)  976;  49  L.R.A. 
(N.S.)   415. 

Loss  of  profits  as  element  of  damages  for 
obstruction  of  water  way.  52  L.R.A. 
47. 


S78 


INDEX  TO  L.R.A.  NOTES. 


DAMAGES,  III.  n,  3— cont'd. 

Measure  of  damages  recoverable  from  mu- 
nicipal corporation  for  overflow  from 
defective  sewer  or  street.  29  L.R.A. 
(N.S.)   860. 

8  78.  Municipal  liability  with  respect 
to  drains  and  sewers. 

Measure  of  damages  for  breach  of  duty  by 
municipality  with  respect  to  drainage. 
61  L.R.A.  712. 

Measure  of  damages  recoverable  from  mu- 
nicipal corporation  for  overflow  from 
defective  sewer  or  street.  29  L.R.A. 
(N.S.)   860. 

§   7  9.  Pollution. 

Injury  to  fishing  right  as  damages  from 
pollution.     33  L.R.A.(N.S.)    74. 

Pollution  of  water  as  an  element  of  dam- 
ages for  taking  railroad  right  of  way. 
47  L.R.A.  782. 

o.  Nuisance. 

§  80.  Generally. 

Punitive  damages  for,  see  supra,  §  17. 

Loss  of  profits  as  element  of  damages.  52 
L.R.A.  49. 

Right  to  interest  on  damages  from  nui- 
sances.   28  L.R.A.(N.S.)   74. 

May  benefits  from  nuisance  be  set  off 
against  damages.   45  L.R.A.  (N.S.)  773. 

p.  Injury  to  business. 

§  81.  Generally. 

By  personal  injury,  see  supra,  §  61. 

In    condemnation    proceedings,    see    infra, 

§  88. 
Loss  of  profits  as  element  of  damages,  see 
infra,  §  111. 

Loss  of  customers  as  element  of  damages 
from  obstruction  of  highway.  13 
L.R.A.(N.S.)   253. 

As  element  of  damages  in  action  on  replevin 
bond.     30  L.R.A.(N.S.)   371. 

q.  Condemnation   or  depreciation   in 
value  by  eminent  domxiin. 

1.  In  general. 

§   82.  Generally. 

Loss  of  profits  as  element,  see  infra,  §  113. 

Right  to  compensation  generally,  see  Emi- 
ENT  Domain,  §§  45-53. 

Valuation  of  property  of  public  utility  com- 
pany for  condemnation  purposes,  see 
also  Public  Service  Corporations,  §  5. 

Constitutionality  of  statute  empowering 
public  service  commission  or  other  gen- 
eral board  to  determine  amount  of  com- 
pensation in  eminent  domain  proceed- 
ings.    52  L.R.A. (N.S.)    850. 

What  damage  or  loss  is  within  provision 
for  payment  of  damages  upon  discon- 
tinuance of  proceedings  in  eminent  do- 
main.    52  L.R.A.(N,S.)    262. 

Begin  with  this  booTc  (m  every  Taw  question. 


DAMAGES,  III.  q,  1— cont'd. 

Prospective  value  of  property  as  element  of 
compensation  in  eminent  domain. 
L.R.A.1917A,  405. 

Evidence  as  to  price  paid  for  other  prop- 
erty by  party  seeking  to  condemn  prop- 
erty for  public  use.  43  L.R.A.(N.S.) 
985. 

Separation  of  parcels  of  land  by  stream, 
canal,  highway  or  railroad  as  affecting 
the  right  to  treat  them  as  one  tract 
for  the  purpose  of  assessing  damages. 
9  L.R.A.(N.S.)    426. 

Injury  to,  or  expense  of  removing,  person- 
alty, as  element  of  damage  for  taking 
real  estate.     4  L.R.A. (N.S.)   890. 

Taking  of  water.     58  L.R.A.  253. 

Property  taken  for  purposes  of  canal.  61 
L.R.A.  841. 

Measure  of  damages  for  right  of  way  taken 
for  drains  and  sewers,     60  L.R.A.  204. 

For  removal  of  lateral  or  subjacent  sup- 
port.   68  L.R.A.  701. 

Amount  oi  damages  recoverable  by  tenant 
and  reversioner.    21  L.R.A.  217,  223. 

Right  to  interest  on  award.  28  L.R.A. 
(N.S.)    61,  79;   L.R.A.1916C,  1109. 

Allowance  of  interest  on  value  of  property 
destroyed  from  negligent  construction 
of  railroads,  canals,  etc.  18  L.R.A. 
454. 

Conclusiveness  of  testimony  of  experts  as 
to  value  and  damages  in  eminent  do- 
main proceedings.    42  L.R.A.  767. 

Evidence  of  structural  value  of  improve- 
ments to  fix  damages  in  condemnation. 
41   L.R.A.(N.S.)    411. 

Right  to  allowance  for  improvements  made 
with  knowledge  that  property  would 
be  required  for  public  use.  36  L.R.A. 
(N.S.)   273. 

Right  to  recover  cost  of  alteration  made  in 
anticipation  of,  and  to  prevent  or  re- 
duce damages  to  property  from,  a  pub- 
lic improvement.    L.R.A.1917C,  1189. 

Right  to  compensation  for  fixtures  in  build- 
ing taken.     L.R.A.1915D,  492. 

Compensation  to  be  paid  a  public  utility 
company  upon  taking  its  plant.  47 
L.R.A.(N.S.)  770.  See  also  Public 
Service  Cobporations,  §  5. 


§   83.  Value  for  special  use. 

Special  value  of  property  for  the  purpose 
for  which  it  is  taken  as  an  element  of 
compensation  in  condemnation  proceed- 
ings. 11  L.R.A.(N.S.)  996;  46  L.R.A. 
(N.S.)  392. 

Compensation  allowable  in  eminent  domain 
proceedings  as  affected  by  adaptability 
of  property  for  uses  other  than  that  to 
which  it  is  applied  by  owner.  15 
L.R.A.(N.S.)   679. 

Right  to  consider  value  of  property  as  a 
part  of  a  natural  water  power,  in  fix- 
ing compensation  in  eminent  domain. 
3  L.RA.(N.S.)   912. 

§  84.  ImproTements  made  by  one  tak- 
ing property  as  element  of  dam- 
ages. 


INDEX  TO  L.R.A.  NOTES. 


373 


DAMAGES,  III.  q,  1— cont'd. 

Owner's  right  to  compensation  for  improve- 
ments made  by  taker  before  condemna- 
tion and  without  owner's  consent. 
L.R,A.1916F,  980. 

§  85.  Effect  of  preserving  to  owner  an 
estate,   rights,   or  easement. 

Mitigation  of  damages  in  condemnation 
cases  by  preserving.  26  L.R.A. 
751. 

§  86.  For  telephone  or  telegraph  right 
of  way. 

When  private  property  is  taken.    26  L.R.A. 

(N.S.)  189;  L.R.A.1916E,  583. 
Lines    in    street    or    highway.      26    L.R.A. 

(N.S.)  189;  L.R.A.1916E,  583. 
Lines  on  railway  right  of  way.     26  L.R.A. 

(N.S.)   191;  L.R.A.1916E,  582. 

2,  Consequential  injuries. 

8   87.  Generally. 

Data  necessary  to  warrant  recovery  for 
consequential  damages  to  real  proper- 
ty.    3  L.R.A. (N.S.)    333. 

Pollution  of  water  as  an  element  of  dam- 
ages for  taking  railroad  right  of  way. 
47  L.R.A.  782. 

Obstruction  of  surface  water  as  element  of 
damages  in  eminent  domain  proceed- 
ings for  a  railroad  right  of  way.  13 
L.R.A.(N.S.)  237. 

Danger  of  injury  to  owner  of  property  or 
members  of  his  family,  or  to  his  live 
stock,  as  element  of  damages  for  rail- 
road right  of  way.  10  L.R.A.(N.S.) 
1003. 

Compensation  for  depreciation  of  land  not 
taken  on  condemnation  of  land  for 
school  purposes.     48  L.R.A. (N.S.)   488. 

Right  to  compensation  for  interference  with 
switch  connections  or  other  shipping 
facilities.     52  L.R.A. (N.S.)    192. 

Injury  to,  or  expense  of  removing,  per- 
sonalty, as  an  element  of  damage  for 
taking  real  estate.     L.R.A.1916D,  719. 

Obstruction  of  view  as  element  of  damages. 
L.R.A.1917C,  1139. 


^   8  7a.  By  smoke. 

Right  to  compensation  for  damages  to  part 
of  the  tract  not  taken  from  smoke 
incidental  to  operation  of  railroad.  17 
L.R.A.(N.S.)  1054;  40  L.R.A. (N.S.)  48. 

Compensation  on  account  of  damages  to 
part  of  tract  not  taken  by  smoke  inci- 
dent to  operation  of  railroad.  L.R.A. 
1916E,  445. 

§   87b.  By  noise. 

Allowance  for  noise  in  proceedings  to  con- 
demn railroad  right  of  way  on  account 
of  damages  to  part  of  tract  not  taken. 
38  L.R.A.(N.S.)  497;  L.R.A.1916E,  445. 

Right  to  compensation  for  noise  incident 
to  ordinary  operation  of  railroad  where 
no  part  of  property  taken.  17  L.R.A. 
(N.S.)    1054;    40  L.R.A.(N.S.)    48. 

Consult  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  III.  q,  2— cont'd. 

Abutting  owner's  right  to  compensation 
from  noise  from  operation  of  railroad 
in  street.     36  L.R.A. (N.S.)    780. 

§   88.  Injury  to  business. 

Loss  of  customers  as  element  of  damages 
from  obstruction  of  highway.  13  L.R.A. 
(N.S.)   253. 

Interruption  of  business,  as  element  of  dam- 
ages for  laying  out  street  across  rail- 
road property.     24  L.R.A.(N.S.)    1231. 

Loss  of  profits  from  suspension  of  business 
while  moving  as  element  of  damages. 
17  L.R.A.  (N.S.)   124. 

3.  As  to  abutting  owners. 

§   89.  Generally. 

In  highway  cases,  see  infra,  §§  91,  92. 

Measure  of  damages  for  right  of  way  for 
telegraph  or  telephone  line  in  street  or 
highwav.     26  L.R.A.(N.S.)   189;  L.R.A. 
1916E,  "^583. 
Damages    on    condemnation    of    the   fee    of 
land  over  which  there  is  an  exist- 
ing  highway.     15  L.R.A.  413;    37 
L.R.A. (N.S.)    281. 
Interference  with  access  to  highway  from 
the  part  of  parcel  not  taken  by  the  tak- 
ing of  another  part  as  element  of  dam- 
ages in  condemnation.    28  L.R.A.  (N.S.) 
385. 

§  9  0.  By  railroad  or  street  railway  in 
street. 

To  abutting  owner  for  laying  street  rail- 
way near  side  of  street.    43  L.R.A.  560. 

Injury  to  abutter's  easements  by  railroad 
in  street.    14  L.R.A.  383. 

Does  release  of  damages  for  construction  of 
railroad  in  highway  include  damages 
from  elevation  of  grade.  10  L.R.A. 
(N.S.)  1202. 

Nature  of  damages  recoverable  by  abutting 
owner  on  account  of  railroad  in  street. 
36  L.R.A. (N.S.)  760. 

Damages  to  abutting  owner  for  right  to 
run  interurban  cars  over  the  tracks  of 
a  street  railway  company.  15  L.R.A. 
(N.S.)   531. 

4.  In  highway  cases. 

§   91.  Generally. 

Matters  as  to  abutting  owner  generally,  see 

supra.  III.  q.  3. 
Measure  of  compensation  to  abutting  owner 

for   vacation    of   highway.      36   L.R.A. 

(N.S.)    1118. 

§  92.  For  laying  out  street  across  rail- 
road property. 

Nominal  damages.     24  L.R.A.(N.S.)    1228. 
Value    of    land    taken.      24    L.R.A.  (N.S.) 

1229. 
Decreased  value  for  railway  purposes.     24 

L.R.A.(N.S.)    1229. 
Value  of  land  for  future  railway  uses.     24 

L.R.A.(N.S.)    1230. 
Damage  to  property  not  taken.     24  L.R.A. 

(N.S.)    1231. 


374 


INDEX  TO  L.K.A.  NOTES. 


24    L.R.A. 


DAMAGES,  III.  q,  4— cont'd. 
Increased    operating    expenses. 

(N.S.)    1231. 
Interruption  of  business.     24  L.R.A.  (N.S.) 

1231. 
Increased  liability  for  accidents.    24  L.R.A. 

(N.S.)  1232. 
Compensation   for  construction   and   main- 
tenance   of    crossing    and    safeguards. 

fences.     24  L.RJ^.(N.S.)    1232. 
Ck)mpen6ation  for  making  approaches.     24 

L.R.A.(N.S.)   1233. 
Compensation    for    planking    crossing.      24 

L.R.A.(N.S.)    1233. 
Compensation  for  cattle  guards  and  wing 

fences.     24  L.R.A.  (N.S.)   1234. 
Compensation  for  sign  boards  and  whistle 

posts.  24  L.R.A. (N.S.)   1235. 
Compensation  for  safety  gates  and  flagmen. 

24  L.R.A.(N.S.)    1235. 
Compensation     for     necessary     structural 

changes.     24  L.R.A. (N.S.)    1236. 
Compensation    for    future    alterations.      24 

L.R.A.  (N.S.)    1236. 
Offsetting  benefits  to  railroad  company.    24 

L.R.A.  (N.S.)    1236. 
Mitigating  damages.    24  L.R.A.(N.S.)  1236. 


5.  Setting  off  benefits. 

§   93.  Generally. 

Right  to  set  off  benefits  against  damages  in 

eminent    domain    proceedings.      9 

L.R.A.(N.S.)      781;     L.R.A.1918A, 

884. 

Offsetting     benefits     to     railway     company 

against  damages  from  laying  out  street 

across    railway    property.      24    L.R.A. 

(N.S.)  1236. 


r.  Injunction  caaea. 

§   94.  Generally. 

Damages  in  lieu  of  injunction.  20  L.R,A. 
752. 

Damages  recoverable  in  action  on  injunc- 
tion bond.     13  L.R.A.  312. 

Penalty  as  limit  of  liability  on  bond.  55 
L.R.A.  389. 

Loss  of  profits  as  element  of  damages  for 
wrongful  injunction.     52  L.R.A.  58. 

Measure  of  damages  for  wrongful  injunc- 
tion restraining  erection  of  building. 
39   L.R.A.(N.S.)    180. 


•.  In  trademark,  patent  and  copyright 
cases, 

g   95.  Generally. 

Punitive    damages    for    infringement,    see 

supra,  §  19. 
Loss  of  profits,  see  infra,  §  112. 

Power  of  equity,  upon  enjoining  unfair  com- 
petition or  infringement  of  trademark, 
tradename,  patent,  or  copyright,  to  re- 
quire defendant  to  pay  damages  sus- 
tained by  complainant  as  distinguished 
from  profits  realized  by  defendant.  21 
L.R.A.(N.S.)   526. 

Begin  nHth  this  hook  on  every  law  question 


DAMAGES,  III.  8— cont'd. 

Must  penalty  in  aggregate  for  infringing 
copyright  be  multiple  of  what  might 
be  given  for  each  separate  offense.  1 
B.  R.  C.  768. 

Right  to  interest  on  damages  for  infringe- 
ment.    28  L.R.A. (N.S.)    75. 

,t.  Mental  anguish. 

1.  In  general. 

§   96.  Generally. 

See  also  Fbiqht,  §§  2,  3. 

Mental  suffering  as  element  of  damages  in 

action    against    physician    or    surgeon. 

51  L.R.A.(N.S.)  30. 
Effect  of  bad  motive  on  liability  for.     62 

L.R.A.  719. 
What  evidence  admissible  to  show  mental 

anguish.     19  L.R.A. (N.S.)   409. 
Apprehenision  of  injury  to  health  as  basis 

of    recovery    for    mental    anguish.      20 

L.R.A.(N.S.)   458. 


§   9  7.  For  miscellaneous  torts. 

Liability  of  carrier  for  mental  suffering  of 
passenger  from  mere  verbal  abuse  un- 
accompanied by  other  breach  of  duty. 
L.R.A.1918A,  600. 

Parent's  mental  anguish  as  element  of  dam- 
ages, at  common  law,  for  personal  tort 
to  minor  child.     7  L.R.A.(N.S.)   518. 

As  element  of  damages  for  enticement  or 
abduction  of  child.  45  L.R.A.(N.S.) 
874. 

Right  to  recover  for  mental  suffering 
caused  by  an  assault  where  no  bodily 
injury  is  inflicted.  25  L.R.A. (N.S.) 
976. 

Humiliation  as  element  of  damages  for  ex- 
clusion from  place  of  amusement.  14 
L.R.A.(N.S.)  1242;  38  L.R.A. (N.S.) 
204;  L.R.A.1915B,  1119. 

As  element  of  damages  for  trespass.  53 
L.R.A.  632. 

Mental  anguish  as  basis  of  action  for  loss 
of  photograph.     47  L.R.A. (N.S.)    1120. 


§   98.  Matters  as  to  corpse. 

For  mutilation  of  corpse.  6  L.R.Ai(N.S.) 
883. 

Mental  anguish  as  eleme;nt  of  damages  in 
action  for  breach  of  contract  relative 
to  corpse.    19  L.R.A.  (N,S.)  564. 

Mental  anguish  resulting  from  failure  to  be 
met  at  station  when  traveling  with 
corpse  because  of  negligence  in  trans- 
mission of  telegram.  49  L.R.A.(N.S.) 
234,  334.  .      ,  .       ... 

Presxunption  of  notice  of  urgency  of  tele^ 
gram  relating  to  corpse  in  action  to  re- 
cover for  mental  anguish.  49.  L.R.A. 
(N.S.)    319. 

Right  to  recover  for  mental  aug^tsh,  con- 
sequent on  failure  of  telegrapli  com- 
pany to  transmit  money  for  disposition 
of  corpse.    49  L.R.A.  (N.S^)  (3135. 


INDEX  TO  L.R.A.  >}OTES. 


37& 


DAMAGES,  III.  t,  1— cont'd.  , 

§   99.  Sexual  offenses. 

Mental  suflfering  of  husband  as  an  element 
of    damages    in    criminal    conversation.  | 
16    L.R.A.(N.S.)     674. 
Mental  anguish  as  element  of  damages  for 
trespass  on  the  person  of  a  woman 
affecting  her  cliaraeter  or  reputa- 
tion for  chastity.     33  L.R.A.(N.S.) 
08. 


§  100.  From  personal  injuries  gener- 
ally. 

Right  to  recover  for  mental  suffering  on  ac- 
count of  another's  mental  or  physical 
suffering.    19  L.R.A.(N.S.)  500. 

Parent's  mental  anguish  as  element  of  dam- 
ages at  common  law  for  personal  tort 
to  minor  child.     7  L.R.A.{N.S.)   518. 

Mental  suffering  arising  from  contempla- 
tion of  disfigurement  or  mutilation  as 
element  of  damages  for  personal  in- 
juries. 15  L.R.A.(N.S.)  775;  L.R.A. 
1916E,  898. 

Mental  suffering  as  element  of  damages  in 
action  against  physician  or  surgeon. 
51  L.R.A. (N.S.)    36, 

Mental  anguish  over  collateral  consequences 
of  injury  as  element  of  damages  for 
personal  injury.    L.R.A.1916D,  1038. 

Liability  for  apprehension,  fright,  etc., 
tlirough  personal  injury  by  dog.  37 
L.R.A. (N.S.)   866. 

Mental  anguish  as  an  element  of  damages 
for  personal  injuries  to  pregnant  wom- 
an. 17  L.R.A.(N.S.)  594;  L.R.A. 
1917E,    1049. 

Right  to  recover  for  miscarriage  resulting 
from  fright  caused  by  wrongful  act. 
3  L.R.A.  (N.S.)  49;  22  L.R.A. (N.S.) 
1073;  24  L.R.A. (N.S.)   1159. 


§    101.  From  death. 

Mental  suffering  of  parent  as  element  of 
damages  in  action  for  death  of  child. 
2  L.R.A.(N.S.)    898. 


2.  As  to  telegrams. 

§    102.  Generally. 

As  to  measure  of  damages  against  telegraph 
companies,  generally,   see  supra,   §   41, 

In  general.    49  L.R.A. (N.S.)  209. 

Jurisdictional  extent  of  doctrine,  as  to  re- 
recovery  of  damages  for  mental  an- 
guish.  49   L.R.A. (N.S.)    211. 

Conflict  of  laws  as  to  right  to  recover  for 
mental  anguish.  63  L.R.A.  532;  5 
L.R.A.  (N.S.)  751;  23  L.R.A.  (N.S.) 
648;  28  L.R.A. (N.S.)  490;  29  L.R.A. 
(N.S.)   795;  41  L.R.A. (N.S.)   223. 

Arguments  for  and  against  the  doctrine, 
49  L.R.A. (N.S.)   213. 

Statutory  liability  of  telegraph  company. 
49  L.R.A.(N.S.)   228. 

Character  of  mental  suffering  necessary 
to  sustain  action  for  mental  an- 
guish.    49  L.RA.(N.S.)    296. 

Consult  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  III.  t,  2— cont'd. 

Sources  of  mental  anguish.   49  L.R.A,(N.S.) 

231. 
Absence     from     deathbed.       49     L.R.A. 

(N.S.)    231. 
Absence  from  funeral,    49  L.R.A. (N.S.) 

232. 
Inability  to  see  remains  before  decom- 
position  set   in,     49    L.R.A. (N.S.) 

232. 
Failure  to  transmit  money  for  disposi- 
tion   of   corpse.      49    L.R.A. (N.S.) 

335. 
Mistaken  belief  that  relative  was  dead. 

49  L.R.A. (N.S.)   233. 
Failure    to    be    met    at    station    when 

traveling  with   corpse.      14   L.R.A. 

(N.S.)    927;   49  L.R.A. (N.S.)    234. 
Burial   delayed  or   in   unsuitable  place 

or  manner.     49  L.R.A. (N.S.)    234. 
Absence    from    sick    bed.      49    L.R.A. 

(N.S.)    235. 
Absence  of  minister  from  sick  bed.     49 

L.R.A.  (N.S.)     235. 
Failure  to  secure  services  of  physician. 

49  L.R.A.(N.S.)   236. 
Mental    anguish    because    of    another's 

mental   or   physical   suffering.     49 

L.R.A. (N.S.)  236. 
Being   deprived   of  receiving  or  giving 

consolation   or   advice.      14   L.R.A. 

(N.S.)    499;   49  L.R.A. (N.S.)    300, 
Exposure  to  disease,     49  L.R.A. (N.S.) 

238. 
Inability  to  attend  insane  brother.     49 

L.R.A.(N.S.)   238. 
Failure  to  prevent  unsuitable  marriage. 

49    L.R.A. (N.S.)    238. 
Social     and     business    telegrams,       12 

L.R.A.  (N.S.)   886;  49  L.R.A.(N.S.) 

238. 
Mental   anguish   that  would   have   been   re- 
lieved by  a  telegram.     11  L.R.A. (N.S,) 
497;  49  L.R.A.  (N.S.)   305. 
Mental  anguish  for  delay  in  receiving  bene- 
fit of  telegram.     49  L.R.A. (N.S.)    241. 
Postponement    of    funeral    as    contingency 
affecting     recovery.      49     L.R.A.  (N.S.) 
242. 
Necessity    of    showing    other    injury.      49 

L.R.A.(N.S.)   246. 
Necessity  of  distinguishing  between  mental 
anguish    caused    by    the     sickness    or 
death,  and  that  caused  by  the  defend- 
ant's    negligence,       49     L.R.A.  (N.S.) 
249. 
Necessity   and   sufficiency   of   notice  to   the 
telegraph    company  that  negligence   in 
respect   to   the    telegram    might    cause 
mental  anguish.      49  L.R.A. (N.S.)  308. 
Necessity  of  relationship  and  degree  essen- 
tial to  recover  for  mental  anguish  for 
failure  to  deliver  telegram  annoimcing 
death  or  illness.     15  L.R.A. (N.S.)  277; 
19  L.R.A.(N.S.)    374;   49  L.R.A.(N.S.) 
250- 
Necessity  of  allegation  and  proof  that  tele- 
gram would  have  accomplished  its  pur- 
pose.    49  L.R.A. (N.S.)   258. 
Effect   of    stipulations    requiring   notice   of 
loss  to  be  given  within  specified  time. 
49  L.R.A.(N.S.)    265. 


376 


INDEX  TO  L.R.A.  NOTES. 


DAMAGES,  III.  t,  2— cont'd.  . 

Legality   of   contract   for  the  transmission 

of    death     messages    on    Sunday.      49 

L.R.A.(N.S.)  266. 
Degree  of  care  required  in  respect  to  death 

messages.     49  L.R.A.(N.S.)   266. 
Proximate  cause.     49  L.R.A.(N.S.)    266. 
Contributory  negligence  as  a  defense  to  an 

action  for  mental  anguish.     49  L.R.A. 

(N.S.)  270. 
Parties  plaintiff.     49  L.R.A.(N.S.)   275. 

Addressee    or    beneficiary.      30    L.R.A. 
(N.S.)   1137;  49  L.R.A.(N.S.)  275. 

Bight  to  recover  of  person  who  is  not 
mentioned  in  telegram  and  whose 
interest  is  not  communicated  to  the 
company.    8  L.R.A.(N.S.)    249;   19 
L.R.A.(N.S.)  475;  49  L.R.A.(N.S.) 
277. 
Parties  defendant.     49  L.R.A.(N.S.)   279. 
Pleading.     49  L.R.A.(N.S.)   279. 
Procedure  and  practice  generally.    49  L.R.A. 

(N.S.)   281. 
Evidence   of    mental    anguish.      49    L.R.A. 

(N.S.)  283. 
Special  defenses.     49  L.R.A.{N.S.)   289. 
Amount  of  damages.    49  L.R.A.(N.S.)  327. 
Physical  suffering  due  to  mental  anguish  as 

basis  of   action   where  no   recovery   is 

allowed  for  mental  anguish  alone.     49 

L.R.A.(N.S.)  343, 


8.  Carriers*  cases. 


§  104.  Generally. 

As  to  measure  of  damages  against  carrier, 

generally,  see  supra,  III.  d. 
See  also  Fright. 

For  carrying  passenger  beyond  destination. 
17  L.R.A.(N.S.)    1228. 

As  proximate  result  of  discharging  passen- 
ger at  improper  place  or  one  not  his 
destination.     7   L.R.A.{N.S.)    1182. 

Liability  of  carrier  for  mental  suffering  of 
passenger  from  mere  verbal  abuse,  un- 
accompanied by  other  breach  of  duty. 
13  L.R.A.(N.S.)  159;  33  L.R.A.(N.S') 
386. 


§   105.  Ejection. 

Mental  suffering  as  an  element  of  damages 
for  wrongful  expulsion  from  vehicle  of 
common  carrier.    12  L.R.A.  (N.S.)   184. 

Ejection  of  sick  or  intoxicated  passenger. 
LJIA.1915C,  146. 


i   106.  Baggage. 

Loss  of  baggage  of  intended  bride  causing 
postponement  of  wedding;  husband's 
right  of  action  for  mental  suffering. 
3  L.R.A.(N.S.)  225. 


u.  Loss  of  profits. 


Begin  tcith  this  book  on  every  law  question. 


DAMAGES,  III.— cont'd. 

1.  In  general, 

g   107.  Generally. 

On    interference    with    fishing    rights.      60 

L.R.A.  525. 
Loss  of  profits  as  element  of  damages  for 

cutting  off  supply   of  heat,  water,   or 

gas   from   premises.     22   L.R.A.(N.S.) 

588. 
As  element  of  damages  for  carrier's  failure 

to  furnish  cars  in  absence  of  contract. 

44L.R.A.(N.S.)  655. 

§   108.  For  tort. 

General  rules.    52  L.R.A.  33. 

Personal  injuries.    52  L.R.A.  36. 

Trespass  against  the  person.    52  L.R.A,  42. 

Trespass  against  property.    52  L.R.A.  42. 

Negligence.     52  L.R.A.  46. 

Wrongful  attachment.  46  L.R.A.(N.S.)  470. 

Wrongful  injunction.    52  L.R.A.  58. 

Fraud  and  false  representations.  52  L.R.A 
59. 

Marine  torts.     52  L.R.A.  61. 

Infringement  of  patents,  copyrights,  and 
trademarks.    52  L.R.A.  66. 

Effect  of  illegality  of  business  giving  rise 
to  tlie  profits.     52  L.R.A.  66. 

Loss  of  profits  as  element  of  damages  for 
cutting  off  supply  of  heat,  water,  or 
gas  from  premises.  22  L.R.A.  (N.S.) 
588. 

For  injury  from  damming  back  water  of 
stream.     59   L.R.A.   897. 

For  interference  with  water  power  of  mill. 
52  L.R.A.  (N.S.)    1004. 

Loss  of  profits  as  element  of  damages  for 
wrongful  destruction  of  logs  and  tim- 
ber. 18  L.R.A.(N.S.)  250;  52  L.R.A. 
(N.S.)   97. 

§   109.  For  conversion. 

Loss  of  profits  as  element  of.    52  L.R.A.  51. 
For  conversion  of  logs  or  timber.     18 
L.RA.(N.S.)  250;  52  L.R.A.(N.S.) 
97. 

g   110.  Personal  Injury. 

Damages  for,  as  affected  by  loss  of  profits. 
52  L.R.A.  36. 

§   111.  Injury  to  business. 

Loss  of  profits  of  sale  or  purchase  of  busi- 
ness, as  damages.    52  L.R.A.  238. 

Loss  of  profits  from  suspension  of  business, 
while  moving  as  element  of  damages 
in  eminent  domain.  51  L.R.A.  330;  17 
L.R.A.(N.S.)  124. 

8   112.  For    infringement    of    patents, 
copyrights,  or  trademarks. 

Burden  of  proof  as  to,  see  Evidence,  §  107a. 

The   concurrent  remedies   in   patent   cases. 

51  L.R.A.  801. 
Actions  in  equity.     51   L.R.A.  802. 
Actions  at  law.     51  L.R.A.  802. 
The  rule  in  equity  under  statutes  author- 
izing damages.     51   L.R.A.   817. 


INDEX  TO  L.E.A.  NOTES. 


877 


DAMAGES,  III.  u,  1— cont'd. 
Effect  of  recovery.     51  L.R.A.  821. 
The  rule  in  copyright  cases.    51  L.R.A.  822. 
The   rule   in   tradqmark   cases.      51    L.R.A. 
823. 

§    113.  In  eminent  domain  cases. 

Generally.       51    L.R.A.    320;    L.R.A.1916C, 

1094. 
Early  rule  confining  damages  to  the  actual 

taking.     51  L.R.A.  320. 
Where   property   is   taken,   in   whole   or   in 

part,  for  railway  purposes.     51  L.R.A. 

321;   L.R.A.1916C,  1095. 
Where  tangible  property  is  taken  for  other 

than  railway  purposes.    51  L.R.A.  324; 

L.R.A.1916C,  1096. 
Where   property   taken  consists   of   a  fran- 
chise   or    privilege.      51    L.R.A.    325; 

L.R.A.1916C,  1097. 
Where  property  is  injured,  but  not  taken, 

51  L.R.A.  326;  L.R.A.1916C,  1097. 
Loss  of  profits  from  suspension  of  business 

while     moving.     51     L.R.A,     320;      17 

L.R.A.(N.S.)  124;  L.R.A.1916C,  1097. 
Loss  of  profits  as  elements  of  damages  for 

interference  with  water  power  of  mill 

in      condemnation      proceedings.        52 

L.R.A.  (N.S.)   1008. 

2.  For  breach  of  contract. 

§    114.  Generally. 

General   rules   applicable   to  breach   of   all 
kinds  of  contracts.     53  L.R.A.  34. 
Contracts  for  services.     53  L.R.A.  48. 

Breach  by  contractor  or  employee.     53 

L.R.A.    48. 
Breach    by    employer    or    owner.      53 
L.R.A.  57. 
Where  one  is  employed  on  commis- 
sion.    L.R.A.1916B,  872. 
Where    compensation    is   based    on 
share  of  profits.    53  L.R.A.  80; 
6  L.R.A.(N.S.)    85. 
Automobile    distribution    contract.      L.R.A. 

1915B,  114. 
Partnership   contracts.     53  L.R.A.   81;    51 

L.R.A. (N.S.)    84. 
Contracts  with  relation  to  railroad  and  sta- 
tion construction.     53  L.R.A.  96. 
Agreements  not  to  compete.     53  L.R.A.  97. 
Leases,   and  contracts  and  covenants  with 

reference  to.    53  L.R.A.  97. 
The  charter  or  rental  of  vessels.    53  L.R.A. 

105. 
Duty   to   prevent  or   reduce   damages.     53 

L.R.A.  108. 
Deduction   for   release  from   responsibility. 

53  L.R.A.  110. 
Effect  of  illegality  in  contract.     53  L.R.A. 

111. 
On  abandonment  of  contract  for  other  par- 
ty's default.     30  L.R.A.  57. 
Loss  of  use  of  plant  as  element  of  damages 
for  failure  to  deliver  material  to  manu- 
facturer.    3  L.R.A. (N.S.)   709. 
Measure  of  damages  for  breach  of  contract 
preventing  operation  of  industrial  busi- 
ness  in   contemplation,   but   not  estab- 
lished   or     in    actual     operation.      19 
L.R.A.(N.S.)  155. 
Consult  also  L.R.A.  Digests  of  Cases. 


DAMAGES,  III.  u,  2— cont'd. 

§   115.  Of  sale  or  purchase  generally. 

Breach  by  vendor.    52  L.R.A.  209. 

Breach  by  vendee.     52  L.R.A.   244. 

The  rule  as  to  purchase  of  articles  to 
be  manufactured.  53  L.R.A.  253; 
4  L.R.A.(N.S.)  740;  18  L.R.A. 
(N.S.)   613. 

Duty  to  try  to  prevent  or  reduce  damages. 
52  L.R.A.  259. 

Effect  of  illegality.     52  L.R.A.  260. 

Loss  of  profits  on  possible  sales  as  measure 
of  damages  for  breach  of  contract 
where  no  contingent  sales  have  been 
effected.  52  L.R.A.  209 ;  8  L.R.A.  ( N.S. ) 
255. 

Profits  lost  in  consequence  of  breach  of  con- 
tract of  sale  or  warranty  of  machinery 
purchased  for  vendee's  use  as  an  ele- 
ment of  damages.     2  B.  R.  C.  79. 

§    116.  — breach  of  warranty. 

On  breach  of  warranty.     52  L.R.A.  233. 

Profits  lost  in  consequence  of  breach  of 
warranty  of  machinery  purchased  for 
vendee's  use  as  element  of  damages. 
2  B.  R.  C.  79. 

Loss  of  profits  from  inability  to  use  horses 
as  element  of  damages  for  breach  of 
warranty.     43  L.R.A.(N.S.)   153. 

§   117.  As  to  telegram. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  to  transmit  tele- 
gram. 53  L.R.A,  91;  27  L.R.A.(N.S.) 
639;  49  L.R.A.  (N.S.)   927. 

§    118.  Liability  of  carrier. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  carriage.  53 
L.R.A.  83. 

Loss  of  profits  incident  to  delay  in  the  de- 
livery of  articles  intended  for  use,  and 
not  for  sale.  30  L.R.A.(N.S.)  483; 
L.R.A.1918F,   1053. 

Loss  of  profits  because  of  inability  of  ship- 
per to  fulfil  contract  for  sale  of  goods 
as  element  of  damages  for  carrier's 
breach  of  contract  to  furnish  cars.  26 
L.R.A.(N.S.)  1191. 

Liability  of  carrier  preventing  exhibition  of 
show  by  breach  of  contract  of  carriage 
for  loss  of  profits.  49  L.R.A. (N.S.) 
491. 

V.  Prospective. 

§   119.  Generally. 

From  personal  injury,  see  supra,  §§  62,  63. 

In  action  for  wrongful  discharge  of  servant. 
6  L,R.A.(N.S.)  Ill, 

Is  minor's  right  to  damages  for  negligent 
killing  of  parent  limited  to  period  of 
minority.  18  L.R.A, (N.S.)  1205;  39 
L.R.A.(N.S.)  1156, 

Abutter's  right  to  future  damages  for  rail- 
road in  street,     36  L.R.A.(N.S,)    788. 

Prospective  damages  for  non-negligent  in- 
terference with  lateral  support.  5  B. 
R.  C.  923. 


876 


INDEX  TO  L.R.A.  NOTES. 


DAMAGES— cont'd. 

IV.  Double  and  treble  damages. 

g   120.  Generally. 

Power  to  impose  double  damages  for  fail- 
ure of  railroad  company  to  fence  or 
maintain  cattle  guards.  31  L.R.A. 
(N.S.)   863. 

For  violation  of  Federal  anti-trust  law. 
64  L.R.A.  716. 

V.  Assessment  of  damages. 

g   121.  Generally. 

Necessity  of  jury  to  compute  damages  on 
default  judgment.    20  LJR.A.(N.S.)   1. 


DA»INUM  ABSQUE  INJURIA. 

Effect  of  legislative  authority  on  liability 
for  private  nuisance  constituting.  1 
L.Il.A.(N.S.)    62. 


DA3IS. 

g   1.  Generally. 

Indictment  for  maintaining,  see  Indict- 
ment, Information,  and  Complaint. 

For  logs,  see  Logs  and  Logging,  §  9. 

Damming  back  of  water  generally,  see 
Waters,  §§  46-50,  63,  75. 

Ownership  of  dam  as  giving  exclusive  right 
to  water  impounded.    3  B.  R.  C.  566. 

Rights  conveyed  by  grant  of  dam.  67 
L.R.A.  384. 

Damming  back  waters  of  stream  bv.  59 
L.R.A.  817. 

Change  in  obstruction  of  water  by  dam. 
59  L.R.A.  873. 

What  streams  are  navigable  within  mean- 
ing of  milldam  acts.  16  L.R.A.(N.S.) 
420. 

Mandatory  injunction  relating  to  milldams. 
20  L.R.A.  163. 

Destruction  of  dam  by  unprecedented  flood 
as  affecting  liability  of  one  under  con- 
tract to  build  and  maintain  it.  35 
L.R.A.(N.S.)    1109. 

Relative  rights  and  duties  of  those  main- 
taining dam  in  floatable  stream  and 
those  floating  logs  and  timber  therein. 
22  L.R.A.(N.S.)  545;  28  L.R.A.  (N.S.) 
144. 

Right  of  prior  appropriator  of  water.  30 
L.R.A.  668. 

Taking  of  property  for,  as  a  public  purpose. 
22  L.R.A.(N.S.)  140. 

Right  of  riparian  owner  to  compensation 
for  damages  to  his  property  by  con- 
struction under  legislative  authority 
of  dams  or  booms  for  floating  or  stor- 
ing  logs.     22   L.R.A. (N.S.)    641 


DAMS— cont'd. 

§   2.  License  or  easement  to  maintain. 

Specific  performance  of  agreement  for 
license  to  maintain. .  49  L.R.A.  520. 

Relief  from  license  for  maintenance  of,  49 
L.R.A.  526. 

Creation  of  easement  to  use  of  dam  by  sale 
of  mill.     26  L.R.A.(N.S.)   359. 

Abandonment  of  privilege  or  easement  in- 
cidental to  milldam.  32  L.R.A.(N.S.) 
47. 

g  3.  Liability  as  to. 

Liability  of  county  for  injury  to  real  prop- 
erty from.     39  L.R.A,  69. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  construction  of. 
65  L.R.A.  647. 

Interference  by,  with  wharf  rights  in  navi- 
gable waters.     34   L.R.A. (N.S.)    430. 

Extraordinary  floods  which  one  obstructing 
water  course  need  not  anticipate.  6 
L.R.A.(N.S.)   252. 

Character  of  liability  of  several  persons 
whose  independent  wrongs  of  the  same 
kind  contribute  to  enhance  the  degree 
or  extent  of  injury  from  dams.  10 
L.R.A.  (N.S.)    167. 

Criminal  responsibility  for  maintaining 
dam  in  non-navigable  stream  which 
creates  nuisance  injurious  to  public 
health.     22  L.R.A. (N.S.)    1259, 

Application  of  statute  of  limitations  to 
actions  for  injuries  by  milldam.  17 
L.R,A.(N.S.)    206. 


DANCE  HALIj. 

License  of,  see  License,  §  23, 

Power  of  municipality  to  construct.  26 
L.R.A.(N.S.)   425. 

As  a  place  of  public  accommodation  or 
amusement  within  Civil  Rights  Stat- 
utes.    L.R,A.1918F,  829. 


DANCING. 


31 


License  of,  see  License,  §  23. 

Use    of    public    school    building    for 

L,R.A.(N.S.)    591. 
Dancing   as   a   nuisance.     18   L.R.A.  (N.S.) 

699. 
As    proper    subject    for    exercise    of    police 

power.     L.R.A.1917E,  318. 
Power  of  municipality  to  regulate  dan  sing 

in  public  places.     L,R.A.1917A,   1174. 
Power    of    municipality    to    declare    public 

dance   a   nuisance  per  se.     31     L.R.A. 

(N.S.)   548. 
As   violation    of    Sunday   laws.     30   L.R.A. 

(N.S.)  469. 


Begin  with  this  book  on  every  law  question. 


DANGER. 

Voluntary  exposure  to  unnecessary  danger, 
see  Insurance,  §  164. 


INDEX  TO  L.R.A.  NOTES. 


BJ9 


DANGER  CliAUSE. 


DATA. 


Effect  of,  in  chattel  mortgage,  see  Chattel    Right  of  public  to  benefit  of  data,  etc.,  made 


Mortgage,  §  26. 


DANGEROUS   AGENCIES. 

Automobiles,  see  Automobiles. 

Fireworks  as,  see  Fibewobks. 

Master's  liability  for  injury  to  servant  by, 

see  Master  and  Servant,  III.  a,  6. 
Master's  liability  for  injury  by  servant  to 

third     person,    by,    see    Master    and 

Servant,  §§  177,  178. 
In  general,  see  Negligence,  I.  b,  2. 

Xiability  for  killing  or  injuring  trespassers 
by   means  of.     29   L.R.A.   154. 

Liability  to  servants  of  other  persons  for 
injuries  by.     46  L.R.A.  116. 

♦-»♦ 


DANGEROUS  ANIMALS. 

See  Animals. 

♦-♦^ 

DANGEROUS  ARTICLES. 

Limitation  of  carrier's  liability  in  case  of, 

see  Carriers,  §  129. 
In  general,  see  Negligence,   §§   13-15. 


DANGEROUS  ATTRACTIONS. 

See  Negligence,  §§  23,  23a. 


■♦♦» 


DANGEROUS   PREMISES. 

See  Negligence,  §§  16-23a. 

♦  >» 

DANGEROUS  SUBSTANCES. 

Limitation  of  carrier's  liability  in  case  of, 

see  Carriers,  §  129. 
Liability  for  damage  by,   see  Negligence, 

§§  13-15. 


DANGEROUS   WEAPONS. 

See      Carrying      Weapons;       Firearms; 
Weapons. 


DARK. 

Contributory  negligence  of  employee  in  con- 
tinuing to  work  in  the  dark  notwith- 
standing master's  promise  to  improve 
conditions.     29   L.R.A.  (N.S.)    603. 

Consult  also  L.R.A.  Digests  of  Cases. 


or    prepared    bv    officer    or    employee. 
L.R.A1917B,  1183. 


DATE. 

§    1.  Generally. 

Dating  will.     L.R.A.1916E,  499. 
Antedating    lease    as    affecting    priority    of 

landlord's  lien.    L.R.A.1916F,  450. 
Sufficiency  of  recital  as  to,  in  certificate  of 

married       woman's       acknowledgment. 

45  L.R.A. (N.S.)  1123. 
Misstatements  as  to,  in  proofs  of  loss.     44 

L.R.A.  851. 
Retention  of  policy  as  waiver  of  insurer's 

mistake  or  fraud  as  to  date  of  policy. 

67  L.R.A.  719, 
Judicial   sale  on  date  other  than  that  ap- 
pointed     therefor.     38      L.R.A.  (N.S.) 

248. 
Omission  of  charitable  gifts  from  will  as  af- 
fected    by     date    of    will.     34    L.R.A. 

(N.S.)   975. 
Of  location  of  mining  claim.   7  L.R.A. (N.S.) 

835. 
Of  location  or  discovery  in  record  of  mining 

claim.     7  L.R.A. (N.S.)   868. 
Charging  commission  of  alleged  crime  at  an 

impossible  date.  2  L.R.A. (N.S.)  253. 
Forgery  by  falsification  of.  54  L.R.A.  799. 
Mistake  or  omission  in  date  in  copy  of  writ 

or  process  delivered  to  person  served. 

L.R.A.1917C,    154. 

§   2.  Of  negotiable  Instruments. 

Of  check.     26  L.R.A.  568. 

Alteration    of    date    of    note.     32    L.R.A.  . 

(N.S.)    515;   51  L.R.A. (N.S.)    346. 
Of  negotiable  paper  as  putting  a  purchaser 

on  inquiry.     29  L.R.A. (N.S.)    375;    44 

L.R.A.(N.S.)    395. 
Date  of  offering  negotiable  paper  for  sale 

as  putting  purchaser  on  inquiry.  L.R.A. 

1918F,  1155. 
Implied  or  apparent  authority  to  insert  or 

complete    date    of    commercial    paper. 

L.R.A.1916,  1266. 


DAUGHTER-IN-LAW. 

As  member  of  family  of  insured.     3  L.R.A. 
(N.S.)  336. 


♦  •» 


DAYS. 

See  Holiday;  Sunday;  Time. 


♦  ♦♦■ 


DAYS  OF  GRACE. 

Death   of   insured  during.     14  L.R.A.  284. 
Bank  customs  as  to.     21  L.R.A.  442. 
Inclusion    of,    in    computing    interest,    as 
usury.     10   L.R.A. (N.S.)    839. 


380 

DAYS  OF  GRACE— cont'd. 

For  pavment  of  premium  after  maturity  ot 
premium  note.  L.R.A.1917C,  921;  5  B. 
R.  C.  434.  ,,       ^    . 

Computation  of  days  of  grace  allowed  for 
payment  of  insurance  premium  or  as- 
sessment where  date  of  payment  or 
expiration  of  such  period  falls  on  Sun- 
day or  holiday.     23  L.R.A.(N.S.)    759. 


INDEX  TO  L.R.A.  NOTES. 


^  •  *■■ 


DEAD   ANIMALS. 

Municipal  regulation  as  to  nuisance  of.    38 

L.R.A.  330. 
Ordinances   in   respect    to    disposal    of.     9 

L.R.A.(N.S.)     1197;     48    L.R.A.(N.S.) 

979.  . 

Carrier's  duty  as  to  disposal  of  carcass  of 

animal      killed      during      transit.     39 

L.R.A.(N.S.)   644. 
Power   of   municipal   corporation   to   grant 

exclusive  right  or  create  monopoly  for 

removal  of.    21  L.R.A.(N.S.)   833. 


^«» 


DEAD  BEATS. 

Constitutionality  of  statute  providing  for 
imprisonment  for  beating  board  bill. 
21  L.R.A.(N.S.)   259. 


DEAD  BODIES. 


See  Corpse. 


^*» 


DEADLOCK. 

Deadlock  because  of  dissensions  in  manage- 
ment of  corporation  as  ground  for  ap- 
pointment of  receiver.  L.R.A.1918D, 
229. 


DEADLY  WEAPON. 

In  general,  see  Cabbtinq  Weapons;  Fibe- 

ABMS;  Weapons. 
Homicide  while  using,  see  Homicide,  |  16. 


DEAF  AND  DUMB. 


DEAFNESS. 


Unknown  deafness  of  juror  as  ground  for 
new  trial.     50  L.R.A.  (N.S.)   977. 

Ritrht  to  show  deafness  on  issue  of  con- 
"  tributory  negligence  without  allega- 
tion  thereof.     L.R.A.1917D,   558. 

♦-»> 


DEALERS. 


Monopolistic  combinations  of,  see  Monoplt 

AND  Combinations,  II. 
Liability  of,  for  injury  by  article  sold,  see 

Negligence,  §  15. 

Blacklisting  dealer  as  libel.    49  L.R.A.  612; 

8  L.R.A.(N.S.)   783.  ,    * 

Interference  by  competitor  or  others  with 
agents  of.     9  L.R.A. (N.S.)    904. 

Legislation  to  protect  against  loss  of  re- 
ceptacles in  which  their  goods  are  put 
up.     14  L.R.A.(N.S.)   1128. 

Implied  warranty  of  fitness  of  particular 
article,  purchased  from,  for  a  par- 
ticular use.     15  L.R.A.(N.S.)    808. 

Mistake  in  beverage  as  defense  to  charge  of 
illegal  liquor  sale  by  dealer.  6  L.R.A. 
(N.S.)   477;   L.R.A.1916D,  266. 


DEALING. 


What  constitutes.     14  L.R.A.  529. 


24 


Actions  by  2  L.R.A.(N.S.)   961. 

Deaf  and  dumb  persons    as    witnesses. 
L.R.A.  126. 

Care  due  to,  in  absence  of  contract  relation. 
69  L.R.A.  621. 

Defective  hearing  of  person  injured  as  bear- 
ing upon  contributory  negligence.  41 
L.R.A.(N.S.)   193. 

Protection  of,  in  criminal  prosecution.  2 
L.R.A. (N.S.)    509. 

Begin  tvith  this  book  on  every  law  question. 


DEATH. 

I.  In  general,  §§  l-2a. 
II.  Bight  of  action  for,  §§  3-10. 
a.  In  general,  §§  8-6. 
h.  Who  may  maintain  action,  and 
for  whom,  §§  7-10. 

III.  Who  liable  for  causing,  §11. 

IV.  Defenses,  §§  12,  13. 

V.  Compromise  of  claim  for;  release. 

§   14. 
VI.  Effect  of,  §§  15-23. 

I.  In  general. 

§   1.  Generally. 

Civil  death,  see  Civil  Death. 

Revival  of  action  abated  by,  see  Abatement 

AND  Revival,  §  8. 
Measure  of  damages  for,  see  Damages,  §§ 

18,  65-67,  101. 
Allowance  for  mental  anguish  from  failure 

to    deliver    telegram    announcing,    see 

Damages,  §  103. 
Delivery  of  deed  for  delivery  after  grantor's 

death,  see  Deeds,  §  8. 
Descent  and  distribution  of  property  after, 

see  Descent  and  Distribution". 
Attack  on  decree  in  divorce  suit  after  death 

of  one  or  both  of  parties,  see  DivoBCE 

AND  Sepabation,  §  39. 
Presumption  as  to,  see  Evidence,  §  30. 


INDEX  TO  L.R.A.  NOTES. 


381 


DEATH,  I.— cont'd. 

Admissibility  of  acts  and  declarations  of 
'  deceased  person,  see  Evidence,  §§  229- 
231. 

As  to  dying  declarations,  see  Evidence,  § 
242. 

Transmission  of  homestead  in  case  of,  see 
Homestead,  §§  17-20. 

Payment  of  insurance  premium  or  assess- 
ment, after  death  of  insured,  see  In- 
surance, §  114. 

Rights  on  death  of  life  tenant,  see  Life 
Tenants,  §  7. 

Eecovery  of  parent '  or  child  for  death  of 
other,  see  Damages,  §§  65-67,  101; 
Parent  and  Child,  §  14. 

Specific  performance  of  contract  as  to  dis- 
position of  property  at,  see  Specific 
Performance,  §  19. 

Time  of,  see  Time,  §  11. 

Admissibility  and  use  of  mortality  tables 
in  death  action.    L.R,A.1918C,  1071. 

Presumption  and  burden  of  proof  as  to 
pecuniary  loss  in  death  action.  L.R.A. 
1918C,    1056. 

Character  and  sufficiency  of  evidence  to 
show  pecuniary  loss  to  estate  of  de- 
cedent.     L.R.A.1918C,    1111. 

Character  and  sufficiency  of  evidence  to 
show  pecuniary  loss  to  beneficiary  in 
action   for   death.     L.E.A.1918C,   1122. 

Character  and  sufficiency  of  evidence  to 
show  pecuniary  loss  to  parents  by 
death  of  child.     L.R.A.1918E,  278. 

Evidence  of  the  earnings  of  the  deceased  to 
show  pecuniary  loss  by  his  death. 
L.R.A.1918C,    1080. 

Admissibility  of  opinion  evidence  to  show 
pecuniary  loss  in  action  for  wrongful 
death.     L.R.A.1918C,   1096. 

Admissibility  in  action  for  wrongful  death 
of  evidence  of  profits  or  contributions 
from  business  conducted  by  decedent. 
L.R.A.1918C,  1087. 

Physician's  private  records  or  memoranda 
as    evidence  of.    L.R.A.1915F,  803. 

Liability  of  infant  for  legal  services  in  ac- 
tion for  death.     44  L.R.A.(N.S.)  412. 

Do  loan  contracts  canceled  upon  death  con- 
stitute insurance.    47  L.R.A. (N.S.)  298. 

Expectation  of,  as  affecting  admissibility 
of  dying  declarations.     56  L.R.A.  353. 

Payment  of  savings  bank  deposit  to  fraudu- 
lent claimant  after  death  of  depositor. 
69  L.R.A.  338. 

Validity  of  agreement  to  marry  on  death  of 
husband  or  wife.     1  B.  R.  C.  919. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest 
where  settlement  of  estate  is  delayed 
by  his  death.     31  L.R.A. (N.S.)    364. 

Administration  based  on  right  of  action  for 
negligent  killing  of  a  person  as  an  as- 
set.    1   L.R.A.(N.S.)    885. 

Voluntariness  of  confession  induced  by  fear 
of  death.  18  L.R.A. (N.S.)  840;  50 
L.R.A.(N.S.)   1087. 

Consult  also  L.R.A.  Digests  of  Cases. 


DEATH,  I.— cont'd. 

Belief  in  death  of  former  spouse  as  defense 

to  prosecution  for  bigamy.     27  L.R.A. 

(N.S.)    1102. 
Constitutionality  of  statute  as  to  reporting 

and     registering     deaths.     39     L.R.A. 

(N.S.)  1015. 
Alimony  in  arrears  at  time  of.     2  L.R.A. 

(N.S.)    242. 
§   2.  Of  insured. 

Effect  of  death  of  insured,  see  infra,  §  19. 
Liability  for,  under  policy,  see  Insurance. 
Cause  of  death,  see  Insurance,  §§  159-171. 

Payment  of  premium  after  death  to  keep 
life  insurance  in  force.     14  L.R.A.  283. 

Validity  of  payment  of  insurance  premium 
or  assessment  during  period  of  ex- 
tension agreed  upon,  but  after  in- 
sured's death.     2  B.  R.  C.  191. 

§   2  a.  Cause  of.. 

Certificate  as  to  cause  of,  see  Corpse,  §  4. 

Opinion  evidence  as  to  cause  of,  see  Evi- 
dence, §  187b. 

From  inhaling  gas,  see  Gas,  §  15. 

Of  insured,  see  Insurance,  §§  159-171. 

Proximate  cause  of,  see  Proximate  Cause. 

Admissibility  of  finding  of  coroner  to  show 
cause  of  death.  68  L.R.A.  285;  45 
L.R.A.(N.S.)   404;  L.R.A.1918E,  924. 

JI.  Right  of  action  for, 
a.  In  general, 

§  3.  Generally. 

Survival  of  cause  of  action  for  death,  see 
Abatement  and  Revival,  §  3. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  22. 

Right  of  action  for,  as  basis  of  jurisdiction 
to  appoint  administrator.  24  L.R.A. 
686. 

Claim  for  death  as  within  statute  or  ordi- 
nance requiring  notice  or  presentation 
as  a  condition  of  municipal  liability. 
50  L.R.A.(N.S.)  185. 

Pendency  of  action  for  personal  injury  as 
abatement  of  action  for  death.  L.R.A. 
1915E,  1132. 

Jurisdiction  of,  and  law  governing,  action 
for  death  on  waters.  L.R.A.1916A, 
1157. 

Judgment  in  one  state  in  an  action  for 
death  as  affecting  action  in  another 
state  for  the  same  death.  L.R.A.1915F, 
737. 

Instantaneous  death  as  test  of  right  of  ac- 
tion or  amount  of  recovery.  L.R.A. 
1916C,  973. 

Right  to  recover  for  intentional  killing  of 
person.     46  L.R.A. (N.S.)    930. 

Right  of  action  for  death  resulting  from 
prenatal  injury.     45  L.R.A. (N.S.)   625. 

Nature  of  right  of  action  in  favor  of  in- 
jured person,  which  will  satisfy  the  con- 
dition of  the  death  statute  in  the  event 
of  his  death.    51  L.R.A. (N.S.)   711. 


382 


INDEX  TO  L.R.A.  NOTES. 


DEATH,  II.  a— cont'd. 

Liability  for  killing  trespasser  by  means  of 
spring  guns,  traps,  and  other  danger- 
ous instruments.  29  L.R.A.  154;  24 
L.R.A.(N.S.)  369. 

Liability  for  causing  death  as  affected  by 
previous  disease  of  person  killed.  16 
L.R.A.  268. 

'Right  of  action  in  absence  of  civil  damage 
act  for  death  following  unlawful  sale 
of  liquor.  34  L.R.A.(N.S.)  1036;  44 
L.R.A.(N.S.)  299. 

Recovery  for,  on  circumstantial  evidence. 
2  L.R.A.(N.S.)   905. 

Assignability  of  cause  of  action  for.  45 
L.R.A.(N.S.)  1098. 

Effect  of  statute  declaring  a  cause  of  action 
for  death  survivable  to  render  it  as- 
signable.    27   L.RA.(N.S.)    404. 

Necessity  of  pleading  limitation  as  bar  to 
statutory  action  for.  26  L.R.A.(N.S.) 
1221. 

Concealment  or  ignorance  of  cause  of  action 
as  suspending  Statute  of  Limitation 
against  action  of  death.  L.R.A.1917B, 
1259. 

Applicability  of  tolling  provision  in  general 
statute  when  defendant  absent  from 
state  to  special  limitation  imposed  by 
statute  creating  cause  of  action  for 
wrongful  death.     38  L.R.A.(N.S.)    521. 

Federal  courts  following  state  decisions  as 
to  statutory  right  of  action  for  death. 
40  L.R.A.(N.S.)   441. 

§  4.  Action  under  foreign  statute;  con- 
flict of  laws. 
See  CoNFUCT  of  Laws,  §  22. 

§  5.  Right  of  action  at  common  law. 

Common-law  right  of  action  of  parent  for 
loss  of  services  of  child  killed.  41 
L.R.A.  807. 

Distinction  between  statutory  actions 
against  railroad  receiver  for  death  and 
common-law  actions  for  negligence. 
16  L.R.A.  264. 

Right  to  amend  a  common-law  action  for 
personal  injuries  resulting  in  death 
into  a  statutory  action  for  death.  15 
LJl.A.(N.S.)  1003. 

§  6.  Distinct  causes  of  action. 

How  many  distinct  causes  of  action  arise 
from  injuries  resulting  in  death.  34 
L.R.A.  788;  8  L.R.A.(N.S.)  384;  L.R.A. 
191 5E,  1095. 

Right  to  maintain  both  action  for  bene- 
ficiary, and  for  injuries  suffered  by  one 
killed  by  another's  negligence.  14 
L.R.A.(N.S.)    893. 

Right  to  recover  in  one  action  for  the  death 
of  a  person  and  for  his  suffering  be- 
fore death.     32  L.R.A.(N.S.)    867. 

Judgment  in  action  for  personal  injury  as 
abatement  of  action  for  death  or  vice 
versa.    L.R.A.1915E,  1152. 

l>.  Who  may  maintain  action,  and  for 
ichom. 


Begin  with  this  hooTc  on  evei'y  late  question. 


DEATH,  II.  b— cont'd. 
§   7.  Generally. 

Defense  to  action,  see  infra,  IV.  » 

Right  of  action  for  death  of  infant,  see  In- 
fants, §  39. 

Beneficiaries  and  parties  plaintiff  to  statu- 
tory action  for  death  including 
necessity  of  pecuniary  loss  or  de- 
pendency.    L.R.A.1916E,  118. 

Action  by  or  on  behalf  of  statutory  bene- 
ficiary as  affected  by  desertion  or  non- 
support  by  deceased.  32  L.R.A.  (N.S.) 
362;   L.R.A.1916C,  806. 

Necessity  of  interest  or  estate  in  premises 
affected  by  nuisance  to  sustain  action 
for  death  from  the  nuisance.  43  L.R.A. 
(N.S.)    871. 

Right  of  husband  to  recover  in  actioi^  for 
breach  of  warranty,  for  loss  of  services 
of  wife,  occasioned  by  her  injury  or 
death  in  consequence  of  such  breach,  3 
B.  R.  C.  197. 

Statutory  right  of  adult  child  to  recover 
for  death  of  parent.  L.R.A.1916E, 
176. 

Sufficiency  of  relationship  by  adoption  to 
sustain  an  action  for  death.  16  L.R.A. 
(N.S.)   199. 

Failure  of  beneficiary  first  entitled  under 
death  statute  to  bring  action,  as  giv- 
ing such  right  to  beneficiary  next  en- 
titled.    30  L.R.A.(N.S.)   78. 

Right  of  action  of  one  legally  responsible 
for  another's  death  against  a  third 
person  whose  negligence  caused  the 
death.     36  L.R.A.(N.S.)    60. 

Master's  right  of  recoupment  for  damages 
caused  by  servant's  death  or  disability. 
28  L.R.A.(N.S.)  326. 

Right  of  action  for  benefit  of  nonresident 
aliens.  54  L.R.A.  934;  3  L.R.A.(N.S.) 
473;  21  L.R.A.(N.S.)   267. 

Law  govering  distribution  of  fund  collected 
or  recovered  for  negligent  killing  of  a 
person.     4  L.R.A. (N.S.)    814. 

Who  may  maintain  action  under  Federal 
employers'  liability  act.  47  L.R.A. 
(N.S.)   73;  L.R.A.1915C,  76. 

§  8.  For  death  or  benefit  of  illegiti- 
mate. 

Right  to  recover  for  negligent  killing  of 
illegitimate,  or  to  maintain  action  for 
benefit  o'f  illegitimate  for  negligent  kill- 
ing of  relative.    2  L.R.A.(N.S.)   640. 

Mother's  statutory  right  of  action  for  death 
of  illegitimate  child.    L.R.A.1916E,  125. 

Statutory  right  of  action  for  death  of  illegit- 
imate where  mother  is  dead.  L.R.A. 
1916E,  132. 

§  0.  Parents. 

Parent's  right  of  action  for  death  of  illegiti- 
mate child,  see  supra,  §  8. 

Parent's  common  law  right  of  action  for 
loss  of  services  of  child  killed,  41 
L.R.A.  807;  18  L.R.A.(N.S,)   316. 

Parent's  statutory  right  of  action  for  death 
of  child.     L.R.A.1916E,  120. 


INDEX  TO  L.R.A.  NOTES. 


383 


DEATH,  II.  b— cont'd. 

Right  of  deserted  wife  to  recover  for  death 

or    injury    to    child.     31    L.R.A.(N.S.) 

519. 
Recovery  for  death  of  child  by  parent  who 

liad   abandoned   child.     1   L.R.A.  (N.S.) 

1161. 

§    10.  Personal  representative. 

Does  statutory  action  for  wrongful  death 
survive  to  personal  representatives  of 
original  beneficiary.  24  L.R.A. (N.S.) 
844. 

Right  of  foreign  or  domestic  representative 
to  maintain  action  for  death  of  de- 
cedent under  a  statute  of  another 
state  which  provides  that  the  action 
shall  be  brought  by  the  personal  repre- 
sentative. 18  L.R.A.(N.S.)  1252;' 
L.R.A.1917A,   37. 

Personal  representative  as  proper  party  to 
maintain  statutory  action  for  death. 
L.R.A.1916E,  160. 

Right  of  personal  representative  to  revive 
action  for  personal  injury.  L.R.A. 
1915E,  1129. 

///.  Who  liable  for  causing. 

§    11.  Generally. 

Liability  for  causing  generally,  see  Negli- 
gence, I. 

Carrier's  liability  for  causing,  see  Car- 
riers, III. 

Criminal  responsibility  for  causing,  see 
Homicide. 

Master's  liability  for,  see  Master  and 
Servant,  III.  a. 

Liability  of  railroad  company  generally  for 
causing,  see  Railroads,  VII. 

Civil  liability  for  killing  one  person  while 
acting  in  self-defense  against  a  third 
person.     50  L.R.A. (N.S.)    1069. 

Liability  of  peace  officer  or  his  bond  for 
shooting  a  person  while  attempting  to 
arrest  him.     51  L.R.A. (N.S.)   1179. 

Liability  of  railroad  receiver  for.  15 
L.R.A.  262. 

Carrier's  liability  for  assault  by  employee 
resulting  in  death.     14  L.R.A.  740. 

Liability  of  municipal  corporation  for 
death  caused  by  sewage  or  drainage. 
22  L.R.A. (N.S.)   940. 

Liability  of  sureties  on  the  bond  of  a  peace 
officer  for  death  of  a  person  due  to  act 
or  default  of  principal  or  one  of  his 
deputies.     11  L.R.A. (N.S.)    758. 

IV.  Defenses. 

§    12.  Generally. 

Justifiable  killing  as  a  defense  in  an  action 
for  death  intentionally  inflicted.  23 
L.R.A.(N.S.)   996. 

Presumption  and  burden  of  proof  as  to  self- 
defense  or  justification  in  a  civil  action 
for  intentional  killing  of  another. 
L.R.A.] 918A,  359. 

Necessity  of  alleging  that  action  for  death 
is  witliin  the  statutory  period.  L.R.A. 
ini.lE,  1192. 

C'otisitU  also  L.R.A.  Digests  of  Cases. 


DEATH,  IV.— cont'd. 

Concealment  or  ignorance  of  cause  of  ac- 
tion as  suspending  Statute  of  Limita- 
tions against  action  for  death.     L.R.A. 
1917B,  1259. 
Right  of  action  by  administrator  when  ac- 
tion   to    recover    for    personal    injuries 
was  barred  at  the  time  of  the  injured 
person's  death.     L.R.A. 1915E,  1178. 
Abandonment  of  wife  or  child  as  affecting 
their  right  to  recover  damages  for 
the  negligent  killing  of  the  husband 
or  father.     L.R.A.1916C,  806. 

§  13.  Contributory  negligence  of  de- 
ceased or  parent. 

Contributory  negligence  as  a  defense  gen- 
erally, see  Nbxjligence,  II. 

Burden  of  proof  as  to  contributory  negli- 
gence.    33   L.R.A. (N.S.)    1230. 

Contributory  negligence  of  parent  as  bar  to 
action  by  parent  or  administrator  for 
death  of  child  non  sui  juris.  18  L.R.A. 
(N.S.)    328;   38  L.R.A.  (N.S.)    754. 

Imputing  negligence  of  custodian  of  child 
non  sui  juris  to  parent  in  action  by 
latter,  or  by  administrator,  for  death 
or  injury  of  child.  32  L.R.A. (N.S.) 
410. 

V.  Compromise   of   claim   for;   release. 

%    14.  Generally. 

Power  to  compromise  action  for.  21  L.R.A. 
158. 

Compromise  by  personal  representative  of 
suit  for  damages  for  causing  death.  14 
L.R.A.  417. 

Settlement  or  compromise  by  personal  repre- 
sentative of  cause  of  action  for  death  as 
affecting  right  of  action  therefor  by 
representative  appointed  in  another 
state.     L.R.A.1918D   670. 

Settlement  of  cause  of  action  for  death,  by 
beneficiaries  without  assent  of  executor 
or  administrator.    35  L.R.A. (N.S.)  207. 

Does  settlement  by  injured  person  of  his 
claim  against  tort  feasor  preclude  an 
action  for  his  death  resulting  from  the 
injury.  27  L.R.A.(N.S.)  176;  L.R.A. 
1915E,  1163. 

Furnishing  medical  attention  as  a  consider- 
ation for  release  of  liability  for  death. 
46  L.R.A.(N.S.)  419. 

Release  of  all  claim  for  injury  before  receiv- 
ing injury  resulting  in  death,  as  affect- 
ing right  of  statutory  beneficiaries. 
L.R.A.1915E,  1170. 

YI.  Effect   of. 

%   15.  Generally. 

Abatement  of  action  by,  see  Abatement 
AND  Revival,  .§§  2,  3. 

Effect  of  civil  death,  see  CiviL  Death. 

Effect  of  husband's  death  on  wife's  right 
to  alimony,  see  Divorce  and  Separa- 
tion, §  48. 

Dissolution  of  partnership  by,  see  Partner- 
ship,  §§  40-49. 

Revocation  of  agency  by,  see  Principal  and 
Agent,  §§  7,  10. 


384 


INDEX  TO  L.R.A.  NOTES. 


DEATH,  VI.— cont'd. 

Effect  of,  on  competency  -  of  witness,  see 
Witnesses,  §§  22-24. 

Divorce  as  equivalent  of  death  for  purpose 
of  terminating  a  trust.  L.R.A.1915E, 
7(i2. 

Abatement  of  appeal  or  error  to  Federal 
Supreme  Court  by  death  of  party. 
66  L.R.A.  856. 

Disposition  of  appeal  or  motion  for  new 
trial  where  because  of  death  of  official 
stenographer  the  record  is  lost  or  in- 
complete. 25  L.R.A.(N.S.)  867;  L.R.A. 
1915B,  356. 

Effect  of  declarant's  death  on  admissibility 
in  behalf  of  accused  of  extrajudicial 
confessions  by  stranger.  37  L.R.A. 
(N.S.)   349. 

On  account  stated.     27  L.RA.  825. 

Death  of  debtor  as  excuse  for  not  exhaust- 
ing remedies  at  law  before  bringing 
creditor's  bill.    23  LJl.A.(N.S.)  92. 

Right  of  simple  •  contract  creditor  to  the 
appointn~9nt  of  a  receiver  of  the  prop- 
erty of  his  debtor  after  the  latter's 
death.     L.R-A.1918C,  637. 

Effect  of  death  of  landlord  who  had  only 
a  life  estate  to  transfer  the  reversion. 
L.R.A.1915C,  207. 

Death  of  wife  as  affecting  alimony.  L.R.A. 
1916B,  854. 

Remedy  of  judgment  creditor  of  commimity 
after  death  of  one  of  the  spouses. 
L.R.A.1917C,    502. 

Effect  of  death  upon  liability  of  husband 
and  wife  for  the  latter's  libel  or  slander. 
30  L.R.A.  529. 

Effect  of  death  of  party  nominee  before  pri- 
mary as  creating  a  vacancy  in  party 
ticket.     41  L.R.A.(N.S.)    1092. 

Effect  of  death  of  person  elected  before  tak- 
ing office  or  of  his  failure  to  qualify. 
50  L.R.A.(N.S.)   374. 

Right  of  candidate  receiving  next  highest 
number  of  votes  where  person  receiving 
highest  number  died  before  election.  61 
L.R.A.(N.S.)  226. 

Abridgement  of  contingency  on  which  a  gift 
by  will  is  conditioned  by  death  of  other 
parties.     25  L.RA.(N.S.)   1168. 

Effect  of  death  of  beneficiary  of  testamen- 
tary gift  of  annuity  before  its  purchase. 
2  B.  R.   C.  909. 

Effect  of  death  of  one  having  right  to  con- 
test will  or  codicil.    L.R.A.1918A,  477. 

Effect  upon  sale,  assignment,  or  release  of 
expectancy,  of  assignor's  predecease  of 
ancestor.     L.R.A.1917C,  267. 

Effect  of  death  of  member  of  joint  enter- 
prise or  partnership   to  exclude   from 
farticipation    in    the    profits    thereof. 
.R.A.1918B,  679. 
Effect  of  death  to  cut  off  right  to  compen- 
sation that  was  being  paid  to  depend- 
ents   or    employees    under    Workmen's 
Compensation  Acts.     L.R.A.1918F,  563. 
Liability  for   defamation   of  deceased  per- 
son.   L.R.A.1917C,  615. 
Effect  on  liability  for  default  of  coexecutor. 

11  L.R.A.(^r.S.)   343. 
Begin  tvith  this  hooTc  on  every  law  question. 


DEATH,   VI.— cont'd. 

Effect  of  death  of  father,  niotlier  surviving, 
on  domicil  of  child.  49  L.R.A.  (N.S.) 
8G6. 

Domicil  of  infant  after  death  of  both  par- 
ents.    49  L.R.A.(N.S.)   875. 

Does  obligation  for  support  of  cliild  under 
provision  in  decree  of  divorce  or  sep- 
aration survive  the  death  of  the  obligor. 
48  L.R.A.(N.S.)   429. 

Of  parent  to  whom  custody  of  child  was 
awarded  as  affecting  right  of  surviving 
parent.     20  L.R.A. (N.S.)    171. 

Of  entryman  before  issuance  of  patent  to 
public  lands  as  affecting  its  liabilitv 
for  antecedent  debts.  34  L.R.A.(N.S.) 
410. 

Effect  upon  curtesy  of  death  of  issue  be- 
fore seisin  by  wife.  20  L.R.A. (N.S.) 
825. 


§16.  Upon  jadgment  or  execution. 

Death  of  one  party  as  affecting  remedy  by 
execution,  see  Execution,  §  14. 

As  ground  for  injunction  against  judgment, 
see  Injunction,  §  54. 

Effect  of  judgment  entered  against  dead  per- 
son, see  Judgment,  §  32, 

Entry  of  judgment  nunc  pi'o   tunc      after 

death  of  party.    20  L.R.A.  148. 
Right  to  have  judgment  set  aside  for  death 

of  party,     54  L.R.A.  764. 
Right  to  attack  decree  of  divorce  after  death 

of  one  or  both   of  parties.     57   L.R.A. 

583;    1   L.R.A.(N.S.)    551;    44    L.R.A. 

(N.S.)   505;  L.R.A.1917B,  486. 

§17.  On  contract  generally. 

As  excuse  for  nonperformance  of  contract, 
see  CoNTBACTS,  §  125. 

Effect  on  contract  of  death  of  party  thereto. 
23  L.R.A.  707;   45  L.R.A. (N.S.)   349. 

Effect  of  death  of  drawer  of  check  as  a 
revocation  thereof.  43  L.R.A.  (N.S.) 
109;  L.R.A.1916A,  717. 

Effect  of  death  of  subscriber  as  revoking 
subscription  to  charity.  48  L.R.A. 
(N.S.)  80L 

Does  contractual  obligation  for  support  of 
a  child  survive  the  death  of  the  obligor. 
48  L.R.A.(N.S.)   429. 

Substitute  conveyance  after  grantor's  death, 
44  L.R.A.(N.S.)  851. 

Effect  of  death  of  party  after  the  mailing, 
but  before  the  receipt,  of  his  letter  ac- 
cepting an  offer.     12  L.R.A. (N.S.)  439. 

Survival,  after  death  of  promisor,  of  con- 
tract to  pay  for  perponal  services  ren- 
dered to  third  person.  13  L.R.A. 
(N.S.)   643, 

Effect  of  death  of  accommodation  party  on 
right  to  recover  from  accommodated 
party,     37  L,R.A,(N.S.)    786. 

Liability  of  lessee  for  rent  during  part  of 
term  remaining  after  death  of  person 
whom  he  agreed  to  support,  33  L.R.A. 
(N.S,)    347, 

Effect  of  death  of  subscriber  to  corporate 
stock.     33  L.RJl,  697. 


INDEX  TO  L.R.A.  NOTES. 


385 


DEATH,  VI.— cont'd. 

Of  third  person  as  condition  of  performance 
of  contract  of  marriage.  52  L.R.A. 
660. 

Effect  of  death  of  principal  contractor  on 
rij^lit  of  subcontractor  or  materialman 
to  a  lien  or  payment  by  owner.  20 
L.E.A.(N.S.)     45. 

Effect  of  deed  to  a  deceased  person.  28 
L.R.A.(N.S.)    405. 

Assignment  of  policy  of  life  insurance  as 
affected  by  death  of  assignee  before  in- 
sured.    L.R.A.1916F,  785. 

Death  of  attorney  employed  on  a  contin- 
gent fee,  before  final  adjudication  or 
settlement,  as  affecting  compensation. 
52  L.R.A.(]S1.S.)    381. 

Death  of  promisee  before  that  of  promisor 
in  agreement  to  make  provision  by 
will.    L.R.A.1917D,  812. 

§    18.  Of  one  employing-  attorney, 

Olient's  death  as  affecting  attorney's  author- 
ity to  proceed  with  suit.  34  L.R.A. 
(N.S.)     1189. 

Effect  of  death  of  personal  representative  on 
liability  of  estate  to  attorney  employed 
by  him.     25  L.R.A.(N.S.)    74. 

§    19.  Of  insured. 

As  disability  within  meaning  of  accident  or 
health  policy.     23  L.R.A.(N.S.)    358. 

As  total  disability  of  insured.  38  L.R.A. 
537. 

JEffect  of  delivery  after  death  of  assured 
of  policy  containing  stipulation  that 
it  shall  not  become  binding  unless  de- 
livered while  assured  is  in  good  health. 
17   L.R.A.(N.S.)    1152. 

Effect  of  refusal  to  deliver  policy  contain- 
ing stipulation  that  it  shall  not  become 
binding  unless  delivered  to  assured 
while  in  good  health  because  of  death 
of  assured.  17  L.R,.A.  (N.S.)  1146; 
L.R.A.1916F,   174. 

Ehect  of  death  of  insured  before  contem- 
plated change  of  beneficiary  is  complete. 
34  L.R.A.(N.S.)  277;  L.R.A.1915A, 
580. 

Death  of  insured  as  interrupting  period  aft- 
er which  policy  is  incontestable.  L.R.A. 
1918D,  1198. 

§   20.  Of   mortgagor   or   mortgagee. 

Does  power  of  sale  in  mortgage  or  deed  of 
trust  prevent  its  revocation  by  death 
of  mortgagor.     70  L.R.A.  135. 

Effect  of  death  of  mortgagor  in  possession 
upon  right  of  mortgagee  under  chattel 
mortgage.     21  L.R.A.  (N.S.)   182. 

Necessary  parties  to  foreclosure  of  senior 
mortgage  where  junior  mortgagee  has 
died.      36    L.R.A. (N.S.)    433. 

Chattel  mortgage  not  filed  before  death  of 
mortgagor.     L.R.A.1918A,   327. 

§   21.  Of  guarantor  or  surety. 

Of  guarantor,  see  Gtjakanty,  §  10. 

■Of  surety  or  co-surety  as  release  of  surety, 

see  Principal  and  Surety,  §  17. 
Coicsult  also  L.R.A.  Digests  of  Cases.    25 


DEATH,  VI.— cont'd. 
§   2  2.  Of  master  or  servant. 
Effect  of,  to  terminate  contract  of  employ- 
ment, see  Master  and  Servant,  §  37. 

Right  to  recover  for  services  interrupted  by 
sickness  or  death.     16  L.R.A.  858. 

Effect  of  death  of  servant  on  contract  re- 
quiring servant  to  elect  between  accep- 
tance of  benefits  out  of  relief  fund  and 
a  prosecution  of  his  claims  in  an  action 
for  damages.     11  L.R.A. (N.S.)    193. 

§   23.  Of  witness. 

Of  witness  as  ground  for  admission  of  tes- 
timony given  upon  preliminary  exam- 
ination.    25  L.R.A. (N.S.)    873. 

Right  to  have  direct  testimony  stricken 
out  where  cross-examination  is  inter- 
rupted by  death  of  witness.  15  L.R.A, 
(N.S.)   493. 


DEATH  DUTIES. 


See  Taxes,  VI. 


DEATH  SENTENCE. 
Execution  of,  see  Criminal  Law,  §  76. 


DEBATES. 


Power  of  school  authorities  to  require  par- 
ticipation by  pupils  in  debates.  47 
L.R.A.(N.S.)  202, 


^•» 


DEBAUCHMENT. 

See  Seduction. 

♦<-♦ 


DEBENTURES. 

Liability  of  government  or  other  public 
body  for  its  own  obligations  stolen 
from  it.     39  L.R.A. (N.S.)    444. 

Right  of  holders  of  concurrent  mortgages 
or  debentures  ranking  pari  passu  to 
have  interest  equalized  before  d^'stribut- 
ing  proceeds  of  security.    7  B.  R.  C.  91. 


DEBIT  ENTRIES. 


Effect  of  transfer  without  indorsement  of 
worthless  debit  and  credit  entries.  10 
L.R.A.(N.S.)    537. 


886 


INDEX  TO  L.R.A.  NOTES. 


DEBRIS. 

Obstruction  of  navigation  bv,  liability  for 

59  L.R.A.  73. 
Obstruction   of   waters   of   stream   by, 

L.R.A.  871. 


59 


DEBT. 

§   1.  Generally. 

Assumption  of,  see  Assumption  of  Debts; 
Mortgage,  §§  40-46. 

Application  of  deposit  to  payment  of  de- 
positors' debts,   see  Banks,   §§   17-19. 

Liability  of  consolidated  corporation  for 
debts  of  predecessor,  see  Cobpobations, 
§  15. 

Adjustment  of  debts  on  alteration  of  coun- 
ties, see  Counties,  §  3. 

Adjustment  of  debts  on  changing  boundaries 
of  municipality,  see  Municipal  Cobpo- 
bations, §  63. 

Debt  limit,  see  Counties,  §  10;  Municipal 
Cobpobations,  §§  65-67;  Schools,  §  33. 

Due  to  decedent's  estate,  see  Executors 
AND  Administbatobs,  §§  28,  29. 

Due  from  decedent's  estate,  see  Executobs 
AND  Administbatobs,  §§  33-46. 

Promise  to  answer  for  debt  of  another,  see 

GUABANTY, 

Liability   of   community   property   for,    see 

Husband  and  Wife,  §  32. 
Liability  of  wife's  separate  property  for  her 

debts,  see  Husband  and  Wife,  §  36. 
Liability  of  wife's  separate  property  for  her 

husband's    debts,    see    Husband    and 

Wife,  §  37. 
Husband's  liability  for  debts  of  wife,   see 

Husband  and  Wife,  §§  39-42. 
Imprisonment  for,   see   Impbisonment   fob 

Debt. 
Liability  of  officer's  salary  for,  see  Officebs, 

§§  34,  35. 
Liability  of  partnership,  see  Pabtnebship, 

IV. 
Payment  of,  see  Payment. 
Agent's   authority   to   pay   own  debt   from 

principal's  money,  see  Pbincipal  and 

Agent,  §  23. 
Liability   of   public   lands   for,   see   Puboc 

Lands,  §  14. 
Liability   of   members   of   religious   society 

for,  see  Religious  Societies,  §  12. 
Right   to   set   off   debts,   see    Set-Off   and 

Counterclaim. 
Due  from  state,  see  State,  §§  14,  15. 
Subrogation  of  person  discharging,  see  Sub- 

BOGATION. 

Deduction  of  debts  of  taxpayer,  see  Taxes, 
§§  57,  103. 

Trusts  for  payment  of,  see  Trusts,  §  10. 

Of  county,  see  Counties,  §§  9-11. 

Of  municipality,  see  Municipal  Cobpoba- 
tions, §§  61-67. 

Of  school  districts,  see  Schools,  §§  32-34. 

Of  town,  see  Towns,  §  7. 

Of  partnership,  see  Pabtnebship,  §§  10-17, 
37. 

See  also  Debtob  and  Cbeditob. 

Begin  iHth  this  hooTc  on  every  law  question. 


DEBT— cont'd. 

Purchase  subject  to,  giving  third  person- 
right  to  sue  on  contract.    25  L.R.A.  27.1. 

Fraudulent  contraction  of,  as  ground  for 
attachment.     30  L.R.A.  468. 

To  what  extent  advances  by  factor  create  a 
debt  against  the  principal.  5  L.R.A. 
(N.S.)   1147. 

Passing  of  title  by  delivery  to  carrier  of 
consignment  to  satisfy  debt.  22  L.R.A. 
418. 

EflFect  of  corporate  dissolution  on.  69 
L.R.A  141. 

Necessity  of  notice  to  insane  person  of  ap- 
plication for  sale  of  his  property  to 
pay  debts.     29  L.R.A. (N.S.)    147.* 

Judgment  of  another  state  or  country 
against  executor  or  administrator  as 
evidence  of  indebtedness.  27  L.R.A. 
111. 

Liability  of  claim  or  interest  in  public  lands 
for  debts  contracted  before  patent  is- 
sued.    34  L.R.A. (N.S.)   405. 

Right  of  bank  tb  engage  in  business  to 
save  debt.     27   L.R.A. (N.S.)    243. 

Right  of  insurer  to  deduct  indebtedness  of 
insured  extrinsic  to  insurance  contract. 
37  L.R.A.(N.S.)    556. 

Liability  of  alimony  for.  32  L.R.A. (N.S.) 
270. 

Liability  of  estate  bv  entireties  for  hus- 
band's debts.     36  "L.R.A.  (N.S.)    205. 

Right  to  apply  indebtedness  owed  by  credi- 
tor to  debtor  for  purpose  of  tolling  stat- 
ute of  limitations.  42  L.R.A. (N.S.) 
1155;  L.R.A.1915E,  794. 

Upon  whom  does  the  liability  of  an  heir  or 
devisee  for  his  decedent's  debts  devolve 
at  his  own  death.  39  L,R.A.(N.S.) 
689. 

Constitutionality  of  statute  subjecting 
spendthrift  trusts  to  debts.  40  L.R.A. 
(N.S.)  1215. 

Denials  on  information  and  belief  or  of 
knowledge  or  information  sufficient  to 
form  belief  as  to  indebtedness  presump- 
tively within  pleader's  knowledge.  30 
L.R.A.(N.S.)     776. 

Taking  property  to  pay  or  secure  debt  as 
larceny.     41  L.R.A. (N.S.)   553. 

Charging  one  with  refusal  to  pay,  as  libel 
or  slander.    L.R.A. 191 5E,  455. 

Debts  to  be  considered  in  determining  exis- 
tence of  amount  of  indebtedness  neces- 
sary to  adjudge  one  an  involuntary 
bankrupt.     L.R.A.1916E,  631. 

Presumption  of  satisfaction  of  debt  by  leg-  ' 
acy  or  devise  to  creditor.    L.R.A. 1915B, 
1156. 

General  direction  in  will  to  pay  debts  as 
charging  homestead.  44  L.R.A. (N.S.) 
1177. 

Necessity  of  pleading  statute  of  frauds  in 
action  on  promise  to  pay  debt  of  an- 
other.    49  L.R.A. (N.S.)    32. 

§  2.  Payment  of,   as  consideration. 

See  Contbacts,  §§  10-12. 

§   3.  Collection  of. 

Authority  of  agent  to  collect,  see  Peincipai. 
AND  Agent,  §  19. 


INDEX  TO  L.E:.A.  NOTES. 


387 


DEBT— cont'd. 

EUort  to  collect,  as  extortion.  18  L.R.A. 
(N.S.)    77;    L.R.A.1915B,   1140. 

Liability  of  officer  who  uses  criminal  pro- 
cess to  collect  debt.  24  L.R.A. (N.S.) 
301. 

Creation  of  partnership  by  participating  in 
profits  in  order  to  collect  debts.  18 
L.R.A.  (N.S.)    1062. 

Deduction  of  indebtedness  owing  to  remote 
ancestor  by  predeceased  immediate 
ancestors.     47  L.R.A. (N.S.)   1026. 

§    4.   Situs  of. 

Where  debt  is  garnishable,  see  Garnish- 
ment, §  12. 

For  purpose  of  taxation,  see  Taxes,  §§  41, 
42,  47. 

§    5.  Action  of. 

Effect  of  admission  to  change  burden  of 
proof  on  right  to  open  and  close  in  ac- 
tion of  debt.    61  L.R.A.  545. 


DEBT  LIMIT. 


See  Counties,  §  10;   Municipal  Coepoea- 
TioNS,  §§  65-67;  Schools,  §  33. 


DEBTOR  AND  CREDITOR. 

§    1.  Generally. 

Insolvent  debtors,  see  Assignment  foe 
Creditors;  Bankruptcy;  Banks,  §§ 
39-42;  Composition  with  Creditors; 
Corporations,  §§  134-137;  Insolven- 
cy;   Receivers. 

Remedies  of  creditor,  see  Attachment; 
Creditors'  Bill;  Execution;  Garnish- 
ment; Levy  and  Seizure. 

Riglit  of  creditors  to  question  validity  of 
attacliment,   see  Attachment,   §   13. 

Liability  of  corporate  officers  to  creditors  of 
corporation,  see  Corporations,  §§  54, 
58. 

Corporate  creditor's  right  as  against  stock- 
holder, see  Corporations,   §§   104-121. 

Power  of  husband's  creditors  to  defeat  wife's 
right  to  dower,  see  Dower,  §  11. 

Subjecting  dower  estate  to  debts,  see  Doweb, 
§  20. 

Execution  against  debtor's  property,  see 
Execution. 

Right  of  creditor  to  letters  of  administra- 
tion, see  Executors  and  Administra- 
tors, §  5. 

Effect  of  appointing  debtor  as  administra- 
tor, see  Executors  and  Administra- 
tors, §  7. 

As  to  exemptions,  see  Exemptions;  Home- 
stead. 

Rights  of  creditors  in  expectancy  of  debtor, 
see  Expectancy. 

Transfers  in  fraud  of  creditors,  see  Fraud- 
ulent Conveyances. 

Consult  also  L.R.A.  Digests  of  Cases. 


DEBTOR  AND  CREDITOR— cont'd. 

Child's  right  in  homestead  as  against  credi- 
tors, see  Homestead,  §  20. 

Right  of  husband's  creditors  as  affected  by 
marital  relations  of  debtor,  see  Hus- 
band AND  Wife,  §  44. 

Preference  of  creditors  of  insolvent,  see 
Preferences;   Priority. 

Creditor's  insurable  interest  in  life  of  debt- 
or, see  Insurance,  §  28. 

Validity  of  life  insurance  to  secure  debt  to 
insurer,   see  Insurance,   §   45. 

Transfer  of  insurance  policy  to  creditor,  see 
Insurance,  §  124. 

Rights  of  creditors  of  insured,  see  Insur- 
ance, §§  184,  185,  192. 

Joint  creditors  and  debtors,  see  Joint 
Creditors  and  Debtors. 

Creditor's  liability  for  wrongful  levy,  see 
Levy  and  Seizure,  §  13. 

Marshaling  assets  as  between  creditors,  see 
]\L\.rshaling   Assets  and   Securities. 

Creditors  of  partnership,  see  Partnership, 
§§  10-17,  24,  37. 

Rights  and  remedies  of  surety  as  to  credit- 
ors, see  Principal  and  Surety,  §§  22- 
26. 

Rights  of  creditors  in  trust  estate,  see 
Trusts,  §§  33,  34. 

See  also  Debt. 

Who  are  debtors  of  United  States.  29 
L.R.A.  229. 

Liability  of  member  of  religious  society  for 
its  debts.     69  L.R.A.  255. 

Rights  of  creditors  as  to  rents  of  intestate's 
property.     40  L.R.A.  345. 

Right  of  creditor  to  have  judgment  against 
debtor  set  aside.     54  L.R.A.   768. 

Parent's  duty  to  support  child  as  affected  by 
rights  of  creditors,  57  L.R.A.  741. 

Rights  of  creditors  to  complain  of  pur- 
chase by  corporation  of  its  own  shares 
of  stock.  61  L.R.A.  632;  44  L.R.A. 
(N.S.)  156;  L.R.A.1916F,  286. 

Reservation  of  title  in  bailments  for  sale 
as  against  creditors  of  bailor  and  bailee. 
22  L.R.A.   850. 

Debtor's  right  of  action  against  creditor  for 
collecting  debt  in  another  jurisdiction 
in  evasion  of  the  exomn+ion  Inw*  '•■ 
their  domicil.  36  L.R.A.  582;  47  L.E.A. 
(N.S.)  689. 

Liability  of  iunds  held  by  mutual  benefit  ?<• 
cieties  to  the  claims  of  their  creditors. 
6   L.R.A.{N.S.)    235. 

Right  of  creditor  to  contest  will.  L.R.A. 
1917A,  456. 

Right  of  creditors  to  make  or  control  elec- 
tion for  or  against  a  will,  or  between 
different  provisions  of  a  v.ill  or  statute. 
11  L.R.A.  (N.S.I    379. 

Right  of  creditors  of  decedent's  estate  or  of 
heirs  or  devisees  to  avoid  sale  of  prop- 
erty to  executor  or  administrator. 
L.R.A.1918B,  30,  32. 

Right  of  sureties  on  contractor's  bond  who 
perform  contract  on  abandonment  by 
contractor,  to  moneys  unpaid  on  con- 
tract, as  against  the  assignees  or  cred- 
itors of  contractor.  14  L.R.A. (N.S.) 
457;   L.R.A.1918A,  937. 


388 


INDEX  TO  L,R.A.  NOTES. 


DEBTOR  AND  CREDITOR— cont'd. 

Right  of  creditor  of  taxing  district  to  in- 
voke aid  of  court  to  obtain  satisfac 
tion  of  debt,  where  ordinary  remedies 
not   available.     32   L.R.A.(N.S.)    1020. 

Time  as  of  which  equitable  conversion  takes 
place  under  direction  to  sell  property 
which  postpones  sale  to  definitely  ascer- 
tainable time  after  testator's  death  in 
determining  rights  of  legatee's  credit- 
ors, 20  L.R.A.(N.S.)    69. 

Effect  of  option  of  cestui  que  trust  to  re- 
quire a  conveyance  or  otherwise  ter- 
minate the  trust  to  subject  the  same  to 
claims  of  his  creditors.  25  L.R.A. 
(N.S.)    236. 

Estoppel  of  one  who  permits  title  of  real 
property  to  stand  in  another's  name  to 
assert  title  as  against  the  latter's  cred- 
itors.    46  L.R.A.{N.S.)   1097. 

Tenant's  or  cropper's  abandonment  of  crop 
as  affecting  rights  of  creditors  there- 
in.    46    L.R.A.(N.S.)    56. 

Right  of  purchaser  of,  or  creditors  levying 

on   goods   sold   for   cash    but   delivered 

'      without  payment.    47  L.R.A.(N.S.)  173. 

Right  of  creditor  of  vendor  to  benefit  of 
vendor's  lien.     47  L.R.A.(N.S.)    186. 

Right  of  creditors  to  avoid  debtor's  con- 
tracts or  conveyances  upon  the  ground 
of  the  statute  of  fraud.  L.R.A.1916D, 
1213. 

Right  of  creditors  to  set  up  usury  in  their 
delii  r's  contract  with  others.  L.R.A. 
mine,  634. 

Right  of  simple  contract  creditor  to  the  ap- 
pointment of  a  receiver  of  the  property 
of  his  individual  or  firm  debtor.  L.R.A. 
1918C,  632. 

Right  of  one  creditor  to  intervene  in  another 
creditor's  action  after  the  period  for 
beginning  such  action  has  expired. 
L.R.A.1917D,  885. 

Validity  as  against  creditors  of  conditional 
sale  purchaser  of  conditional  sale  con- 
tract permitting  purchaser  to  resell  in 
the  ordinary  course  of  business.  L.R.A. 
1917B,    660. 

Title  to  money  deposited  by  debtor  in  mail 
or  witli  carrier  for  transmission  to 
creditor.    L.R.A.1918A,  534. 

Mandamus  at  instance  of  creditor  to  com- 
pel raising  of  tax  assessment  to  the  full 
value  of  the  property.  L.R.A.1918B, 
1107. 

Liability  of  master  for  assault  by  servant 
or  agent  in  collecting  debts.  51  L.R.A. 
(N.S.)    920. 

C<»npetency  of  creditor  of  insured  to  serve 
as  appraiser  to  ascertain  amount  of 
loss.     52  L.R.A. (N.S.)   502. 

Liability  of  creditor  who  accepts  as  payment 
from  debtor  check  of  third  person  which 
lias  been  wrongfullv  procured  by  debtor. 
13  L.R.A.(N.S.)   273. 

Rights  and  remedies  of  creditor  who  is  also 
a  stockholder  of  an  insolvent  corpora- 
tion as  affected  by  his  own  statutory 
liability.    41  L.R.A. (N.S.)   981. 

Right  to  dower  on  avoidance  of  conveyance 
as  against  creditors  as  between  wife  and 
creditors.      32    L.R.A. (N.S.)     10.'-,. 


DEBTOR  AND  CREDITOR— cont'd. 
Right  of   dower,  as  against   creditors  and 

heirs,    in     lands    jubjeet    to    purchase 

money  mortgage  or  vendor's   lien.     52 

L.R.A. (N.S.)    547,   557. 
Release  of  original  debtor  as  a  condition  of 

novation    In'    substitution    of    debtors. 

L.R.A.1918B,  113. 

§  2.  Right  of  creditor  in  personal  serv- 
ices of  debtor. 

Subjecting  earnings  not  yet  due.    21  L.R.A. 

623. 
Contracts  to  pay  an  insolvent  debtor  wages 

in  advance  for  his  services.     21  L.R.A. 

624. 
Where  the  debtor  gives  his  time  and  labor 
to  the  business  of  another  gener- 
ally.    21   L.R.A.   624. 
Profits  on  farm   caused  by  debtor's  labor. 

21  L.R.A.  629. 
Improvements   on   wife's   land.     21   L.R.A. 

631. 
Rights  of  creditors  in  debtor's  intellectual 

productions.     51   L.R.A.  381. 


DEBTS  PROVABLE. 

Against  bankrupt,  see  Bankruptcy,  §§  25, 
25a. 


DECAY. 

Destruction  by  decay  rendering  premises 
untenantable  as  within  landlord's  cove- 
nant to  repair,  or  statute  relieving  ten- 
ant from  rent,  in  case  of  destruction 
bv  act  of  God  or  elements.  21  L.R.A. 
(N.S.)    ].30. 

Provision  relieving  carrier  from  liability 
for  loss  by  decay  as  extending  to  loss 
caused  by  negligence.    6  B.  R.  C.  130. 


DECAYING   TIMBER. 

Life  tenant's  rights  as  to.    37  L.R.A.(N.S.) 
767. 


DECEASED  PARTNER. 

Estate  of,  see  Pabtnebship,  §§  46-4t. 


Begin  viHth  thia  hooTc  on  every  law  question. 


DECEASED   PERSONS. 

Estates  of,  see  Descent  and  DiSTBiBUTioif ; 
ExEcuTOBs  and  Administbatobs  ;  Tax- 
es, §§  54,  54a. 

Domicil  of,  see  Domicil  and  Residence,  § 
5. 

Admissibility  of  declaration  of,  see  Evi- 
dence, §§  229-231 


INDEX  TO  L.R.A.  NOTES. 


38!) 


DECEASED  PERSONS— cont'd. 

Defamation  of.     L.R.A.1917C,  615. 

Admissibility  between  tliird  parties  of  en 
tries  against  interest  made  by  deceased 
persons  in  books  of  account.  2  B.  R.  C. 
670. 

Effect  of  omission  of  statement  that  owner 
is  unknown  in  proceedings  in  rem  to 
enforce  tax  assessed  against  deceased 
person,     36  L.R.A.(N';.)    1062. 


DECEASED   WIFE'S    SISTER. 

Validity   of   marriage   with.      L.R.A.1916C, 
756. 


DECEDENT'S  ESTATES. 

In  general,  see  Descent  and  Distribution  ; 

Executors  and  Administrators. 
Assessment  of   property   of,   see  Taxes,  §§ 

54.   54a. 
In  general,  see  Descent  and  Distribution  ; 

Executors  and  Administrators 
Assessment  of  property  of,  see  Taxes,  §  54. 

Form  of  allegation  of  ownership  of  proper- 
ty of  a  decedent's  estate,  in  an  indict- 
ment or  information  for  larceny. 
LJI.A.1916E,  785. 


*—-¥ 

DECEIT. 

See  Fbatjd  and  Deceit. 

♦-•-♦ — 


DECENCY. 


Municipal  control  over  nuisance  affecting, 
see  Municipal  Corporations,  §  40. 


DECEPTIVE  TRADEMARK. 

Invalidity  of,  see  Trademark,  §  3. 


DECIPHERING. 


Of  obscurities  in  proof  of  handwriting.     65 
L.R.A.  155. 


DECISION.  ' 


Criticism  of,  as  ground  for  disbarment,  see 

Attorneys,  §  5. 
Impairment     of     contract     obligations     by 

change   of,   see   Constitutional   Law, 

§   38. 
Criticism  or  publication  of,  as  a  contempt, 

see  Contempt,  §§  6,  7. 
Consult  also  L.B.A.  Digests  of  Cases. 


DECLARATIONS. 

Admissibility  of,  see  Evidence,  XI. 
Plaintiff's  pleading,   see   Pleading,   §§   16- 
35. 

Of  party  as  cumulative  evidence.    14  L.R.A. 

611. 
Sufficiency  of,  to  establish  voluntary  trust 

wliere  legal  title  is  retained  by  settlor. 

12  L.R.A.(N.S.)    547. 
May  proof  of  delivery  essential  to  gift  rest 

upon  subsequent  declarations  of  donor 

alone.     L.K.A.1916E,  288. 


DECLARED   TRUSTS. 


See  Trusts,  §§  4r-10. 

♦-»-' 


DECLINE. 


Permitting  articles  to  roll  down  hillside  or 
decline.     L,R.A,1915B,  426. 


DECORATORS. 


As 


independent    contractors. 
(N.S.)    373. 


17    L.R.A. 


DECOY. 

For  purpose  of  detecting  crime  in  connection 
with  mail  miatter,  see  Postoffice,  §  12. 

Use  of  decoy  for  purpose  detecting  criminal 
as  a  defense  to  prosecution.  25  L.R.A. 
341;  30  L.R.A.(N.S.)  946;  51  L.R.A. 
(N.S.)   825. 


DECOYING. 


Decoying  of  criminal  into  jurisdiction  as 
defense  to  prosecution.     15  L.R.A.  177. 

Right  to  resist  judgment  of  sister  state  on 
ground  of  decoying  within  jurisdiction. 
32  L.R.A.(N.S.)    931. 


DECREE. 


See  Judgment. 


DEDICATION. 

§   1.  Generally. 

Presumption  and  burden  of  proof  as  to, 
see  Evidence,  §  93.  ; 

Right  of  one  to  testify  as  to  his  intent  with 
respect  to.     23   L.R.A.  (N.S.)    398.         ! 

What  is  necessary  to  effect  a  dedication  of 
land  as  a  cemetery  or  burial  plat.  27. 
L.R.A.{N.S.)  875.  • 


390 


INDEX  TO  L.R.A.  NOTES. 


DEDICATION— cont'd. 

Permissive  user  which  will  constitute  a 
dedication  of  a  wharf  or  landing  place. 
48  L.R.A.(N.S.)  469. 

Dedication  of  property  to  public  for  pur- 
poses of  view  or  recreation.  4  B.  R. 
C.  892. 

Assessment  or  nonassessment  of  property  as 
afTecting.     L.R.A.1916A,  1175. 

Power  of  corporation  to  dedicate  property 
for  public  use.     8  L.R.A.  (N.S.)   966. 

Right  to  use  public  funds  to' maintain  or 
improve  private  ways,  or  ways  dedi- 
cated to  public  but  never  accepted.  35 
L.R.A. (N.S.)  524. 

Validity  of  reservation  in  dedicating  land 
for  street.    L.R.A.1917C,  229. 

I  2.  Of  land  in  which  third  persons 
have  an  Interest. 

Only  owner  may  dedicate.    31  L.R.A.  (N.S.) 

1023. 
Lessees.     31  L.R.A.  (N.S.)    1024. 
Life  tenant  and  remainderman.     31  L.RA. 

(N.S.)   1025. 
Tenants  in  common.    31  L.R.A.(N.S.)  1025. 
Husband  and  wife.     31  L.R.A. (N.S.)   1025. 
Dower.    31  L.R.A.(N.S.)  1025. 
Vendor  and  vendee;  possibility  of  reverter. 

31  L.R.A.  (N.S.)  1026. 
Mortgagor.     31  L.R.A.  (N.S.)    1026. 
Judgments.     31  L.R.A.  (N.S.)    1028. 
Easements.     31  L.R.A.  (N.S.)    1028. 
Miscellaneous.     31  L.R.A.(N.S.)    1028. 


§  3.  RestrictionR  on   use. 

Power  of  legislature  to  control  use  to  which 
property  taken  for  purposes  of  a  park 
or  square  may  be  used.  27  L.R.A. 
<N.S.)  938. 


%  4.  Effect. 

Loss  of  dower  right  by,  see  Doweb,  §  12. 

Eflfect  of  conveyance  of  lots  laid  down  on 
plats,  to  prevent  a  change  in  the  use 
or  form  of  the  property.  14  L.R.A. 
(N.S.)   1067. 


8   5.  Estate  created  by. 

Estate  created  by.    6  L.R.A.  260.» 
Easement  acquired  by  the  public.    3  L.RJ^. 
831.» 


§  6.  By  map,  plat,  or  call  in  deed. 

Leaving  blank  in  plat  as  a  dedication.  23 
L.R.A.(N.S.)    809. 

Implied  easement  by  exhibiting  unfiled  plat 
to  intending  purchaser.  35  L.R.A. 
(N.S.)  938. 

Effect  of  conveyance  of  lands  laid  down  on 
plats  to  prevent  a  change  in  the  use 
or  form  of  the  property.  37  L.R.A. 
(N.S.)   953. 

Right  of  purchaser  of  property  according  to 
pl^it  to  easements  in  streets  or  ways  in- 
dicated thereon  other  tiian  those  on 
which  his  property  abuts.  28  L.R.A. 
(N.S.)    1024. 

Begin  xoith  this  boole  on  every  late  question 


DEDICATION— cont'd. 
Bounding  land  on  street  as  covenant  that 
the    street    or    alley    exists    where    the 
grantor  does  not  own  the  fee  thereof. 
10  L.R.A.(N.S.)    964. 
Right   of   grantee   to   claim    easement,    im- 
plied    covenant     or     estoppel     as 
against  grantor  by  call  in  deed  for 
street   or    alley    in   which    grantor 
owns    the    fee.      14    L.R.A. (N.S.) 
878. 
Effect  of  conveyance  of  lots  laid  down  on 
plats   to  prevent  a   cliange   in   the  use 
or   form   of   the    property.      14   L.R.A. 
(N.S.)   1067. 
Effect   of   plat   as    to    which    purchaser    of 
property  affected  thereby  has  no  notice. 
44  L.R.A.(N.S.)   231. 
Effect  of  bounding  grant  on  private  way  to 
carry   title   thereto.     24   L.R.A. (N.S.) 
539. 
Curing  statutory  defects  in  a  map  or  plat 
by  conveying  with  reference  to  it. 
42  L.R.A. (N.S.)    587. 
Vacation  of,  or  refusal  by  public  to  accept, 
platted  street  or  highway  as  affecting 
private  easements  of  abutting  owners. 
L.R.A.1917A,  1123. 

§   7.  Acceptance. 

Necessity  and  sufficiency  of  acceptance  of 
grant  of  right  of  way  over  public  land 
for  public  highway.    L.R.A.1917A,  355. 

Public  user  as  acceptance  of  dedicated  high- 
way.   18  L.R.A.  510. 

Effect  of  limited  use  of  way  by  tiie  public 
as  an  acceptance  of  dedication.  22 
L.R.A.(N.S.)  1114. 

Dedication  and  acceptance  of  streets  so  as 
to  make  municipality  liable  for  defects 
or  obstructions  therein.  20  L.R.A. 
(N.S.)   558. 

Effect  of  mere  use  of  highway  over  public 
domain  as  acceptance  of  grant  of  right 
of  way.    9  L.R.A.(N.S.)  1223. 

Assessment  or  nonassessment  of  property  as 
affecting  acceptance.  L.R.A.1916B, 
1175. 

Refusal  by  public  to  accept  platted  street  or 
highway  as  affecting  private  easements 
of  abutting  owners.    L.R.A.1917A,  1123. 

§   8.  Diversion. 

What  use  of  squares,  parks,  or  commons 
amounts  to  diversion  from  the  use 
for  which  they  were  dedicat -l.  25 
L.R.A,(N.S.)  980;  50  L.R.A. (N.S.) 
465. 

§   9.  Reverter. 

Effect  of  city's  permitting  use  of  street  by 
railroad  in  such  a  way  as  practically 
to  exclude  public  to  cause  reversion  of 
street  to  dedicators.     11  L.R.A. (N.S.) 
589. 
Reverter  of  land  dedicated  or  conveyed  for 
purposes    of    courtliouse    upon    re- 
moval of  count}'  seat,  or  failure  to 
use  land  for  courthouse  purposes. 
35  L.R.A. (N.S.)   603. 
Reverter  of  land  conveyed  for  school  pur- 
poses.    44  L.R.A.(N.S.)    1220. 


INDEX  TO  L.R.A.  NOTES. 


391 


DEDUCTION. 

Of  debts,  in  assessment  of  taxes,  see  Taxes, 
§§  57,  103. 

Right  of  insurei-  to  deduct  indebtedness  of 
insured  extrinsic  to  insurance  contract. 
37  L.R.A.(N.S.)   556. 

Cumulative  sentences  as  afifected  by  de- 
duction of  time  for  good  behavior.  7 
L.R.A.(N.S.)    128. 

Is  time  prisoner  is  out  on  parol  or  con- 
ditional pardon  to  be  deducted  from 
time  of  sentence.     16  L.R.A.  (N.S.)  304. 


DEEDS. 

J.  In  general,  §§  1,  la. 
II.  Form  and  requisites,  §§  2-0. 

a.  In  general,  §  2. 

b.  Execution,    §§  3-5. 

c.  Delivery  and  acceptance,  §§ 

6-9. 
III.  Construction;    effect;    validity,    §§ 
10-36. 
a.  In  general,  §§   10-12. 
J).  Consideration,  §§  13,  14. 

c.  Parties,   §§    15-19. 

d.  Description    of    property,    § 

20. 

e.  What    property    passes,     §§ 

21-27. 

1.  In  general,  §§  21-23. 

2.  Resei^ations  and  excep- 

tions,  §§  24:-27. 

f.  Estates  and  interests  created, 

§§  28-31. 

g.  Redelivery;  destruction;  re- 

version;   revocation;   relief 
from,  §§  32-35. 
h.  Reformation,  §36. 

I.  In  general. 

8   1.  Generally. 

Adverse  possession  under  deed,  see  Advebse 

Possession,  §§  15-18. 
Alterations  in  generally,  see  Alteration  of 

iNSTEtJMENTS. 

Boundary  by,  see  Boundaries,  §§  4-9. 
Conditions   in,  see  Conditions,   §§   8-13. 
Covenants  in,  see  Covenants. 
Right   of    entry    on    condition   broken,    see 

Conditions,  §  12. 
Dedication  by  reference  to  map,  plat  or  call 

in,  see  Dedication,  §  6. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §§  100,  101. 
Admissibility   of   i-ecord   of,   see  Evidence, 

§  127. 
Of  homestead,  see  Homestead,  IV. 
Bv  or  to  married  woman,  see  Husband  and 

Wife,  §§  38-42,  47,  48. 
Deed  poll,  see  Deeds  Poll. 
Of  infants,  see  Infants. 
On  judicial  sale,  see  Judicial  Sale,  §  10. 
■Conveyance    of     mortgaged     premises,     see 

Mortgage,  §§  40-46. 
In  partition,  see  Partition,  §§  9,  10. 
Recording  of,  sec  Records  and  Recording 

Laws,  IV. 
Consult  also  L.R.A.  Digests  of  Ca^es. 


DEEDS,   L— cont'd. 

Quitclaim  deed,  see  Quitclaim  Deeds. 

Conveyance  for  support  of  grantor,  see  Sup- 
port, §  4. 

Tax  deeds,  see  Taxes,  §  81. 

Grant  of  water  rights,  see  Waters,  §§  98- 
100. 

Specific  performance  of  contract  in  rela- 
tion to  title  papers.     L.R.A.1918E,  627. 

Degree  of  proof  to  establish  fact  and  con- 
tents of  lost  deed.     L.R.A.1918B,  879. 

Competency  to  testify  to  possession  of  deed 
at  one  time  in  possession  of  the  dece- 
dent, where  witness  would  be  incompe- 
tent to  testify  directly  to  a  transaction 
by  which  it  is  claimed  decedent  parted 
with  his  possession.  45  L.R.A.(N.S.) 
583. 

As  subject  of  larceny,  49  L.R.A. (N.S.)  969, 
971. 

Alteratioti  of  deed  after  delivery.  32  L.R.A. 
(N.S.)   284;  L.R.A.1918B,  489. 

Statute  of  uses  in  United  States.  16  L.R.A. 
(N.S.)    1148. 

Denial  of  deed  on  information  and  belief. 
30  L.R.A.(N.S.)   779. 

Tender  of,  as  condition  of  enforcing  for- 
feiture for  vendee's  failure  to  pay  last 
instalment  of  purchase  money.  28 
L.R.A.(N.S.)   956. 

Replevin  to  recover  deed  of  real  property. 
20  L.R.A.(N.S.)    507. 

§   la.  Substitute  conveyances. 

Requisites  and  effect  generally.     44  L.R.A. 

(N.S.)    849. 
Effect  as  against  party  or  privy.    44  L.R.A, 

(N.S.)   850. 
As    against    innocent    third    persons.      44 

L.R.A.(N.S.)    851. 
Substitute    conveyances    pendente   lite.     44 

L.R.A.(N.S.)    859. 

II.  Form  and  requisites, 
a.  In  general. 

%   2.  Generally. 

Conflict  of  laws  as  to,  see  Conflict  on 
Laws,  §  28. 

Substitute  conveyances;  requisites  general- 
ly.    44   L.R.A. (N.S.)    849. 

Effect  of  form  of  conveyance  on  title  to 
accretions  to  shore  lands.  58  L.R.A. 
200. 

May  purchaser  of  property  be  required  to 
accept  deed  of  third  person.  37  L.R.A. 
(N.S.)    1123. 

Defect  in,  as  affecting  marketability  of  title. 
38  L.R.A.(N.S.)  20. 

t.  Execution. 

§  3.  Generally. 

Acknowledgment  of,  see  Acknowledgment. 
Of   chattel   mortgage,   see   Chattel  Mort- 
gage, §  3. 

Conflict  of  laws  as  to.     L.R.AJ916A,  1020. 
Execution    of    partition    deed.      57    L.R.A. 

340. 
Execution  of,  in  name  of  deputy.    42  L.R.A. 

(N.S.)   880. 


392 


INDEX  OX)  L.R^.  NOTES. 


DEEDS,  I.  b — cont'd. 

§  3a.  By  attorney  In  fact  op  agent. 

Form  of.     41  L.R.A.(N.S.)    805. 
Law  governing  power  of  attorney  to  convey. 
L.R.A.1916A,  1043. 

§  4.  Attestation. 

listoppel  of  one  attesting  deed,  to  assert 
title.     3  L.R.A.(N.S.)   879. 

§  5.  Signing. 

Signing  by  proxy.    22  L.R.A.  297. 

Signature  by  mark  or  cross.  12  L.R.A. 
205;*  22  L.R.A.  372. 

Signature  made  by  hand  of  unconscious  per- 
son.    L.R.A.1915B,  678. 

Proof  of  signature  by  mark  when  attesting 
witnesses  are  dead  or  cannot  remember 
transaction.    44  L.R.A.  146. 

Conditions  against  taking  eflfect  of,  until 
signed  by  others.    45  L.R.A.  341. 

e.  Delivery  and  acceptance. 

g  6.  Generally. 

Redelivery,  see  infra,  §  33. 

Of   chattel  mortgage,   see  Chattel  Mobt- 

GAGE,  §  3. 
Presumption  and  burden  of   proof   as  to, 

see  Evidence,  §  101. 

Undelivered  deed  as  memorandum  to  satis- 
fy statute  of  frauds.    22  L.R.A.  273. 

Validation  of  undelivered  deed  by  ratifica- 
tion or  estoppel  of  grantor.  9  L.R.A. 
(N.S.)   945. 

EflFect  of  destruction,  cancelation  or  delivery 
to  grantor  for  that  purpose  of  delivered 
but  unrecorded  deed.  18  L.R.A.(N.S.) 
1167;  34  L.R.A,(N.S.)  495;  L.R.A. 
1918F,  402. 

8  7.  To  grantee. 

Effect  of  delivery  to  grantee,  subject  to  a 
future  extrinsic  condition.  16  L.R.A. 
(N.S.)  941. 

S  8.  To  third  person,  or  for  record,  or 
record  of. 

As  to  delivery  in  escrow,  see  Escbow. 

In  general.    54  L.R.A.  865;  9  L.R.A.{N.S.) 

224;  38  L.R.A.(N.S.)   94L 
Delivery  to  person  previously  authorized  or 
designated  by  grantee.     54  L.R.A.  865; 
38  L.R.A.(N.S.)  94L 
Delivery  to  person  not  previously  author- 
ized or  designated  by  grantee;  re- 
cording.   54  L.R.A.  867;  38  L.R.A. 
(N.S.)   941. 
Acceptance;  how  and  when  deed  takes 
effect;     status    of    title.      54 
L.R.A.   888;    38   L.R.A.(N.S.) 
946. 
Delivery  of  deed  to  third  person  or  record 
by  grantor,  as  a  delivery  to  the  gran- 
tee.    9   L.R.A.(N,S.)    224. 
Right  of  grantor  to  revoke  deed  delivered 
to  stranger  to  be  delivered  by  him  to 
grantee  after  grantor's  death.    4  L.R.A. 
(N.S.)    816;   9  L.R.A. (N.S.)    317. 


Begin  with  this  hooTc  on  every  latv  question. 


DEEDS,  I.  c— cont'd. 

Permitting  undelivered  deed  wrongfully  re^ 
corded  by  grantee  to  remain  on  reco?d> 
as  estoppel  of  grantor  or  his  successors- 
to  deny  its  delivery  as  against  one  pur- 
chasing in  reliance  on  the  record.  7 
L.R.A.(N.S.)  712. 

§  9.  Acceptance. 

Of  deed  delivered  to  third  person.  54  L.R.A. 
888. 

Acceptance  of  deed  with  knowledge  of  defect 
in  title  as  waiver  of  purchaser's  right 
to  rescind  contract.  30  L.R.A. (N.S.) 
879. 

Presumption  of  acceptance  by  grantee  from 
recording  of  deed.    9  L.R.A. (N.S.)  224. 

Creation  of  covenant  running  with  the  land 
by  acceptance  of  deed  poll  with  stipu- 
lations purporting  to  bind  grantee.  6- 
L.R.A.(N.S.)    436. 

III.  Construction,  effect,  validity, 
a.  In  general. 

§10.  Generally. 

Deed   as  color  of  title,   see  Advebse  Pos- 
session, §§  15-18. 
Effect  of  conveyance  of  land  held  adversely,^ 

see  Champeety  and  Maintenance. 
Conflict   of   laws   as   to,   see    Conflict   or 

Laws,  §  28. 
Dedication  by  conveyance  with  reference  to- 

street  or  alley,  see  Dedication,  §  6. 
Estoppel  by,  see  Estoppel,  §§  3-5. 
Parol    evidence   as   to   construction   of,   see- 

Evidence,  VII. 
Effect  of  conveyance  by  husband  to  wife,  see- 

Husband  and  Wife,  §  47. 
Absolute   deed   as    a   mortgage,   see   MOKX- 

gage,  §  15. 
Effect  of  tax  deeds,  see  Taxes,  §  81. 
Creation  of  trust  by,  see  Teusts,  II. 
Rights  of  purchasers,  generally,  see  Vendor- 

and  Pueciiaser,  II. 

Effect  of  substitute  conveyances.  44  L.R.A^ 
(N.S.)   849. 

Effect  of  language  in  deed  indicating  pur- 
pose of  grant  or  the  use  to  wMch  the- 
property  is  to  be  put.  L.R.A.1918B, 
695. 

Marketability  of  title  where  construction  of 
deed  is  involved.     38  L.R.A. (N.S.)    18. 

Covenant  to  renew  le?se  as  affected  by  con- 
veyance of  property.  41  L.R.A.  (.N.S. )- 
387. 

Recitals  in,  as  basis  of  implied  covenants  of 
title.     18  L.R.A.  343. 

Receipts  in,  as  evidence  of  payment  as 
against  third  parties.     29  L.R.A.  740. 

When  may  instrument  otherwise  ineffective 
as  a  conveyance  of  real  property  b"  up- 
held as  a,  covenant  to  stand  seized  tO' 
uses.      38   L.R.A. (N.S.)    937. 

Right  of  holder  of  tax  deed  to  take  posses- 
sion.    28   L.R.A.  (N.S.)    398. 

Right  of  grantee  in  possession  to  question 
right  of  grantor  to  collcftt  purchase 
money.     21   L.R.A.(N.S.)    363. 


INDEX  TO  L.R.A.  NOTES. 


393 


SPEEDS,  III.  a— cont'd. 

•Usury   as  affecting  absolute  conveyance  of 

land  in  payment  of  a  debt.     36  L.R.A. 

(N.S.)     134. 
Merger  of  stipulations  as  to  title  in  execu- 
tory contract  for  the  sale  of  real  estate 

in    subsequently    executed    conveyance. 

31  L.R.A. (N.S.)    457. 
Federal  courts  following  state  decisions  as 

to  construction  and  effect  of.    40  L.R.A. 

(N.S.)   414. 
•Construction   and  validity  of  restraints  on 

marriage.    4  B.  R.  C.  64. 
Recital  in  deed  as  evidence  of  heirship.     45 

L.R.A.(N.S.)  93. 
"What  misrepresentations  as  to  the  contents 

of  an  instrument  will  render  it  void  in 

law.     4  B.  R.  C.  663. 

§   11.  What  is  a  deed. 

Lease  as  a  deed,  see  Landlokd  and  Ten- 
ant, §  6. 

When  to  be  deemed  testamentary  in  char- 
acter.    1  L.R.A.(N.S.)   315. 

When  agreement  or  instrument  conferring 
rigiit  to  mine  and  remove  coal  is  to  be 
regarded  as  an  absolute  sale  or  convey- 
ance of  coal  in  place,  as  distinguished 
from  a  lease  or  conditional  sale.  4 
L.R.A.(N.S.)    207. 

§  12.  Effect  of  deed  in  partition  as  dis- 
tinguished from  ordinary  deed. 

See  Partition,  §  10. 

h.  Consideration. 

%   13.  Generally. 

As    to   consideration    for    contracts,    gener- 
ally, see  Co-MKACTS,  §§  7-17. 
Parol  evidence  as  to,  see  Evidence,  §  176. 

Effect  of  rule  against  conveyance  of  land 
iield  adversely  on  consideration  for  the 
conveyance-.     35  L.R.A. (N.S.)    739. 

Necessity  for  return  of  consideration  on 
disaffirmance  of  deed  by  insane  person. 
19  L.R.A.  491. 

lEffect  of  inadequacy  of  consideration  on 
question  of  undue  influence  in  convey- 
ance of  property  in  consideration  of 
support  of  the  grantor  or  a  third  per- 
son.    52  L.R.A.(N.S.)   480. 

§  14.  Recital  of  money  consideration 
as  contractual. 

OoBSideration  clause  as  importing  owner- 
ship or  terms  of  contract.  68 
L.R.A.  925. 

Action  to  recover  consideration.  68  L.R.A. 
926. 

Acceptance  of  deed  as  creating  obligation  to 
pay  consideration.     68  L.R.A.  928. 

Parol  evidence  to  vary  consideration  clause. 
68  L.R.A.  928. 

•Consideration  as  contractual  in  action  for 
breach  of  covenant.     68   L.R.A.  931. 

Recital  of  consideration  as  contract  in  writ- 
ing within  statute  of  limitations.  68 
L.R.A.  931. 

<Jonsult  also  L.R.A.  Digests  of  Cases. 


DEEDS,  III.— cont'd. 

c.  Parties. 

§    15.  Generally. 

Effect  of   provision   in   deed   for   benefit  of 

stranger  thereto.    20  L.R.A. (N.S.)  221. 
Effect  of  deed  or  mortgage  on  one  who  signs, 

but    is    not    named    in    it.      13    L.R.A. 

(N.S.)   298;  L.R.A.1915D,  196. 
Does   cimtingency    of    death   without   issue, 

children,  etc.,  import  their  survival  of 

the  first  taker.     37  L.R.A. (N.S.)    164. 
Effect   of    deed    to   a   deceased   person.      28 

L.R.A.(N.S.)   405. 
To  partnership  as  grantee,  validity  of.     1 

L.R.A.(N.S.)    157. 
Effect   of   conveyance   of   real   property   by 

surviving   partner.     28  L.R.A.   135. 

§   16.  Capacity  of. 

By  married  woman,  see  Husband  and  Wife, 
§§  39-42,  48. 

Validity  of  deed  by  insane  person,  see  In- 
competent Peksons,  §  10. 

Belief  in  spiritualism,  witchcraft,  etc.,  as 
affecting  capacity  to  make.  16  L.R.A. 
677. 

Presumption  and  burden  of  proof  as  to 
sanity  with  reference  to  conveyances. 
36  L.R.A.  723,  731. 

Opinion  evidence  by  nonexpert  as  to  capac- 
ity of  another  to  make.  37  L.R.A. 
(N.S.)  592. 

Signature  made  by  hand  of  unconscious  per- 
son.   L.R.A.1915B,  678. 

§   17.  Unborn  child  as  grantee. 

Infant  en  ventre  sa  mere  as  grantee  in  deed. 
44   L.R.A.   489. 

§   18.  Description  of. 

Fictitious  name  as  affecting  validity  of  deed. 

39  L.R.A.  423. 
Necessity  of  word  "heirs"  in  deed  of  trust, 

to  pass  title  to  trustee.    2  L.R.A.(N.S.) 

172. 
Are  the  "heirs"  who  take  under  a  possibility 

of  reverter  determined  as  of  the  time 

of  the  ancestor's   death,   or   as   of   the 

time  of  the  termination  of  the  fee.    18 

L.R.A.(N.S.)    624. 

§  19.  Filling  in  names  of  parties  left 
blank. 

Implied  authority  to  fill  in  the  name  of  a 
grantee  in  a  blank  left  for  that  pur- 
pose at  the  time  of  delivery.  38  L.R.A. 
(N.S.)   423. 

Effect  of  deed  executed  with  name  of  grantee 
blank,  where  name  of  grantee  is  filled 
in  and  deed  delivered  contrary  to 
grantor's  authorization.  37  L.R.A. 
(N.S.)  326. 

d.  Description  of  property. 

%  20.  Generally. 

Parol  evidence  to  correct,  see  Evidence,  § 
178. 


394 


INDEX  TO  L.R.A.  NOTES. 


DEEDS,  UI.  d— cont'd. 

What   law  governs.     L.R.A.1916A,   1045. 

Relief  from  mistake  of  law  as  to  descrip- 
tion.   28L.R.A.{N.S.)  822. 

Deacription  of  land  in  deed  by  reference  to 
street  number.     L.R.A.1918C,  520. 

Validity  and  efTect  of  deed  executed  in  blank 
as  to  the  land  to  be  conveyed.  L.R.A. 
1018A,  1155. 

e.  What  property  passes. 

1.  In  general. 

§  21.  Generally. 

Boundaries  of  land  conveyed,  see  Bound- 
aries, §§  4-9. 

Fixtures  as  between  vendor  and  purchaser, 
see  FiXTUBES,  §  4. 

What  passes  by  deed  from  husband  and  wife, 
see  HU.SBAND  and  Wife,  §§  39-42. 

What  property  passes  under  will,  see  Wills, 
§§  74,  75. 

Conflict  of  laws  as  to  character  of  quantum 
of  estate.     L,R.A.1916A,  104.5. 

Will  real  estate  pass  under  the  word  "ef- 
fects" in  a  written  instrument.  12 
L.R.A.(N.S.)    661. 

How  far  title  to  islands  is  included  in  pri- 
vate grant.     58  L.R.A.  677. 

How  far  prant  of  mill  includes  water  rights. 
58  L.R.A.  487. 

Right  to  use  water  for  irrigation  passing 
by  deed.     65  L.R.A.  409. 

Grants  of  parcel  abutting  on  abandoned 
street  as  carrying  grantor's  title  to 
fee  of  former  s'treet.  32  L.R.A.(N.S.) 
778. 

Conveyance  of  real  property  as  carrying 
right  to  telephone  service.  42  L.R.A. 
(X.S.)    1021. 

Conveyance  of  land  as  including  crops. 
L.R.A.1917C,  35. 

Oil  or  gas  as  a  mineral,  within  a  grant  of 
mineral  or  mineral  rights.  L.R.A. 
1918A,  491. 

§  22.  Future  acquired  property. 

Estoppel  to  claim,  see  Estoppel,  §  6. 

On  sale  of  expectancy  by  prospective  heir. 
33  L.R.A.  276. 

Effect  of  covenants  to  carry  title  to  future 
or  subsequently  acquired  interest  of 
ihe  grantor,  where  he  had  a  present 
interest  which  passes  by  the  deed.  13 
L.R.A.  (N.S.)  1003. 

§  23.  Right  to  lateral  and  subjacent 
support. 

Right  to  subjacent  support  upon  conveyance 
of  minerals  apart  from  surface.  2 
L.R.A.(N.S.)    1115. 

Condemnation  or  grant  of  ]and  for  railroad 
right  of  way  as  carrying  right  to  lat- 
eral and  subjacent  support.  32  L.Rj^. 
(N.S.)   155. 

2.  Reservations  and  exceptions. 

8  24.  Generally. 

Conditions  in.  see  Conditions,  §§  8-13. 


Begin  ioith  this  booTc  on  every  law  question. 


DEEDS,  III.  e,  2— cont'd. 

Forfeiture  of  estate  for  breach  of  conditiony 
see  CoNDiTioN.s,  §  11. 

Covenants  in,  sec  Covenants. 

Covenants  restricting  use  of  property,  see 
Covenants,   §§   5-7,  21-25. 

Creation  of  easements  by,  see  Easements, 
§  8. 

Validity  of  reservation  in  dedicating  land 
for  street.    L.R.A.1917C,  229. 

Exception  and  reservation  of  easements.    20 
L.R.A.  631. 
Of  light  and  air.     22  L.R.A.  541. 

Implied  reservation  on  severance  of  tract 
of  land  witli  apparent  benefit  existing. 
26  L.R.A.(N.S.)  321,  355;  L.R,A.1915C, 
346. 

Distinction  between  implied  grants  and  im- 
plied reservations  in  creating  easements. 
8  L.R.A.(N.S.)   337. 

Enforcement  in  equity  of  agreements  re- 
lating to,  but  not  running  with,  the 
land.     3  L.R.A. (N.S.)    98. 

Reservation  of  timber  and  right  to  remove 
within  specified  time;  effect.  3  L.R.A. 
(N.S.)   649. 

Necessity  of  claimant  of  land  showing  that 
it  is  not  included  within  tl«  exceptions 
from  the  grant  or  conveyance  on  which 
he  relies.     5  L.R.A. (N.S.)    156. 

Effect,  upon  remote  grantee,  of  reservation 
or  exception  of  mineral  rights.  4 
L.R.A.(N.S.)    477. 

Oil  or  gas  as  a  mineral  within  a  reservation 
of  minerals  or  mineral  rights.  L.R.A. 
1918A,  491. 

Relief  from  mistake  of  law  as  to  reserva- 
tion.   28  L.R.A. (N.S.)  817. 

Inheritance  or  succession  tax  on  property 
covered  by  power  of  appointment  re- 
served by  grantor.  33  L.R.A.  ^ X.S.) 
250;   L.R.A.1918D,  343. 

§  25.  As  to  water  rights. 

In  grant  of  water  power.    67  L.R.A.  382. 

Limitation  on  grant  of  mill.  58  L.R.A. 
491. 

Reservation  in  deed  of  right  to  dam  back 
water  of  stream.     59  L.R.A.  830. 

Reservation  of  water  power  witiiout  defi- 
nite reservation  of  necessary  ground 
to  utilize  it.     L.R.A.1916A,  508. 

§  26.  Necessity  for  writing. 

Must  a  reservation  of  growing  crops  by  a 
grantor  in  a  deed  be  in  writing.  23 
L.R.A.(N.S.)    122L 

§  2  7.  Parol  evidence  as  to. 

Parol  evidence  of  reservation  by  the  grant- 
or.    20  L.R.A.  104. 

Parol  evidence  of  reservation  of  crops  by 
grantor.     L.R.A.1917C,  37,  44. 

Parol  evidence  of  agreement  for  reservation 
as  additional  consideration  for  deed. 
25  L.R.A. (N.S.)    1199. 

/.  Estates  and  interests  created. 

§   28.  Generally. 

Extent  of  rights  under  grant  of  easement,^ 
see  Easements,  §  22. 


INDEX  TO  L.R.A.  NOTES. 


395 


DEEDS,  III.  f— cont'd. 

Kestraints  on  alienation,  generally,  see  Per- 
petuities. 

Estates  and  interests  created  under  will,  see 
Wills,  §§77-102. 

Use  of  words  of  singular  import  as  affecting 
quantum  of  estate  in  deed  with  two 
or  more  grantees.     L.R.A.1918E,  798. 

Nature  and  creation  of  determinable  fees. 
15  L.R.A.  231. 

Corporeal  appurtenances  to  realty.  15 
L.R.A.  652. 

Implied  grant  of  easement  in  partition  deed. 
3  L.R.A.(N.S.)  1082. 

Conveyance  to  one  and  his  children  as  giv- 
ing the  children  an  estate  jointly  or  in 
common  with  the  parent,  or  a  remain- 
der upon  a  life  estate  in  the  parent. 
L.R.A.1917B,  76; 

Character  of  estate  created  by  grant,  lease, 
or  devise  of  property  to  person  so  long 
as  he  shall  desire  to  live  upon  it,  or 
devote  it  to  a  particular  use.  21  L.R.A. 
(N.S.)    575. 

Effect  upon  character  of  estate  as  one  by 
entireties  under  a  conveyance  to  both 
spouses,  of  the  fact  that  one  of  them 
already  had  an  estate  in  the  land.  25 
L.R.A.  (N.S.)   167. 

Effect  of  reference  to  extrinsic  document  to 
control  or  modify  the  character  of  the 
estate  that  would  otherwise  pass  un- 
der instrument.     8  L.R.A. (N.S.)    1038. 

Effect  of  other  language  in  deed  to  cut  down 
estate  conveyed  by  granting  clause.  12 
L.R.A.  (N.S.)  956;  24  L.R.A.  (N.S.) 
514;  42  L.R.A. (N.S.)  379. 

Validity  of  limitation  on  power  of  aliena- 
tion on  grant  of  equitable  estate  to 
married  woman.  28  L.R.A.  (N.S.)  426; 
L.R.A.1917A,  679. 

Provision  in  restraint  of  marriage  in  deed 
as  a  condition  or  a  limitation.  49 
L.R.A.  (N.S.)    615. 

Meaning  iind  effect  of  term  "lend"  or  "loan" 
employed  in  deed.     L.R.A.1915D,  497. 

§  29.  Life  or  fee. 

Under  will  generally,  see  Wills,  §§  79-82. 
Restraint  on  alienation  as  repugnant  to  fee, 
see  Wills.  §  78. 

Use  of  words  of  singular  import  as  affect- 
ing quantum  of  estate  in  deed  with  two 
or  more  grantees.     L.R.A. 1918E,  798. 

Power  to  create  remainder  after  life  estate 
with  absolute  power  of  disposal.  6 
L.R.A.  (N.S.)    1186. 

Character  of  estate  created  by  grant  of 
property  to  one  so  long  as  hr  shall  de- 
sire to  live  upon  it,  or  devote  it  to  a 
particular  use.     21   L.R.A. (N.S.)    575. 

Effect  of  videlicet  following  word  "heirs" 
in  a  grant  or  devise  of  real  property  to 
restrict  estate  given  to  the  first  taker. 
33  L.R.A. (N.S.)   191. 

Effect  of  other  language  in  deed  to  cut  down 
estate  conveyed  bv  granting  clause.  12 
L.R.A. (N.S.)  9,50;  24  L.R.A.  (N.S.) 
514;  42  L.R.A.  (N.S.)  379. 

Consult  also  L.R.A.  Digests  of  Cases. 


DEEDS,  III.  f— cont'd.     • 

Conveyance  to  one  and  his  children  as  giv- 
ing the  children  an  estate  jointly  or  in 
common  with  the  parent  or  a  remainder 
upon  a  life  estate  in  the  parent.  L.R.A, 
1917B,  76. 

§   3  0.  Rule  in  Shelley's  Case. 

'  As  to  rule  in  Shelley's  Case  in  its  applica- 
tion to  wills,  see  Wills,  §  82. 

As  affecting  estate  by  entireties.  30  L.R.A. 
312. 

Construction  of  word  "heirs"  to  mean  chil- 
dren.    1  L.R.A. (N.S.)    319. 

"Children"  as  a  word  of  purchase  or  limi- 
tation.    12  L.R.A. (N.S.)  283. 

Full  treatment  of  rule  in  Shelley's  Case. 
29  L.R.A.(N.S.)  963. 

Effect  upon  rule  in  Shelley's  Case,  of  ex- 
press prohibition  against  conveyance  or 
encumbrance  of  property  by  life  ten- 
ant.     7    L.R.A.(N.S.)    1109. 

§  31.  Remainders;  future  estates;  lim- 
itations over. 

Contingent  interests  generally,  see  Contin- 
gent Interests. 

Rights  and  duties  of  life  tenant,  see  LIFE 
Tenants. 

Rights  of  remaindermen  generally,  see  Life 
Tenants;  Remaindermen. 

Effect  on  absolute  gift  of  fee  of  failure  for 
remoteness  of  limitation  over.  20 
L.R.A.   509. 

Conveyance  to  one  and  his  children  as  giving 
the  children  a  remainder  upon  a  life  es- 
tate in  the  parent.    L.R.A.1917B,  76. 

Character  of  remainder  created  by  giant  or 
devise  to  one  for  life  with  remainder 
to  his  children  who  may  survive  him. 
25   L.R.A.  (N.S.)    888. 

Effect  of  union  of  life  estate  and  remote  re- 
mainder or  reversion  in  the  same  per- 
son upon  intermediate  contingent  re- 
mainder.    7  L.R.A. (N.S.)   433. 

Infant  en  ventre  sa  mere  as  grantee  in  con- 
veyance of  remainder.     44  L.R.A.  490. 

Vested  remainder  as  subject  of  attachment 
or  levy.     30  L.R.A. (N.S.)    115. 

g.  Redelivery;  destruction;  reversion; 
revocation ;  relief  from. 

§   3  2.  Generally. 

Forfeiture  of  estate  for  breach  of  condition, 
see  Conditions,  §  11. 

Relief  from  mistake  of  law  as  to  effect  of. 
28  L.R.A. (N.S.)    801,  813. 

Relief  from  deed  prepared  by  grantee,  which 
does  not  protect  the  grantor's  rights. 
13  L.R.A. (N.S.)    1089. 

Misconduct  of  wife  as  affecting  deed  to  her 
before,  and  in  consideration  of,  mar- 
riage.    6  L.R.A.(N.S.)  785. 

Decrees  invalidating  deeds  affecting  estates 
of  persons  not  in  being.  8  L.R.A.(N.S.> 
65. 

Necessity  for  return  of  consideration  on  dis- 
affirmance of  deed  by  insane  person. 
19  L.R.A.  491. 


396 


INDEX  TO  L.R.A.  NOTES. 


DEEDS,  III.  g— cbnt'd.  ' 

§  33.  Destruction;  redelivery;  cancela- 
tion; rescission. 

Rescission  of  grant  of  water  power.  67 
L.R.A.  388. 

May  deed  of  real  property  executed  by  an 
incompetent  not  judiciallj^  declared 
such  be  avoided  in  an  action  at  law. 
19  L.R.A.(N.S.)   461. 

Effect  of  destruction  or  cancelation,  or  re- 
delivery to  grantor  for  that  purpose,  of 
delivered  but  unrecorded  deed.  18 
L.R.A.(N.S.)  1167;  34  L.R.A.  (N.S.) 
495;   L.R.A.1918F,  402. 

May  a  grantor  rescind  a  deed  executed  in 
consideration  of  future  support,  where 
performance  by  grantee  is,  without 
fault  on  his  part,  prevented  by  the 
grantor.    25  L.R.A.(N.S.)  932. 

Cancelation  of  deed  for  inadequacy  of  con- 
sideration.    L.R.A.1916D,  382. 

§  88a.  —for  fraud. 

False  statements  as  to  use  to  which  prop- 
erty is  to  be  put  as  ground  for  rescis- 
sion of  deed.    32  L.R.A.(N.S.)  127. 

Right,  as  again?.t  subsequent  bona  fide  pur- 
chaser, to  avoid  deed  because  of  false 
impression,  induced  by  fraud,  as  to  con- 
tents or  character  of  paper  signed.  36 
L.R.A.(N.S.)    537. 

Undue  influence  as  ground  for  setting  aside 
conveyance  or  transfer  of  property  in 
consideration  of  support  of  the  grantor 
or  a  third  person.  52  L.R.A. (N.S.) 
476. 

%  34.  Revocation. 

<5rantor's  right  to  revoke  deed  delivered  to 

third  person.     54  L.R.A.  903. 
Right  of  grantor  to  revoke  deed  delivered 

to  stranger,  to  be  delivered  by  him  to 

grantee  after  grantor's  death.    4  L.R.A, 

(N.S.)  816. 

g  85.  Reversion. 

Reverter  of  dedicated  property,  see  Dedica- 
tion, §  9. 

Reversion  of  street  or  highway,  see  High- 
ways, §  112. 

Reversion  generally,  see  Reversion. 

Express  condition  or  stipulations  for,  in  deed 
conveying  land  for  specified  charitable 
or  quasi  public  purpose.    19  L.R.A.  202. 

Right  of  reversion  on  abandonment  of  road 
deeded  to  railway  company.  1  L.R.A. 
(N.S.)  806. 

Reverter  of  land  dedicated  or  conveyed  for 
purpose  of  courthouse  on  removal  of 
county  seat  or  failure  to  use  land  for 
such  purposes.    35  L.R.A. (N.S.)  603. 

Reverter  of  land  conveved  for  school  pur- 
poses.   44  L.R.A. (N.S.)  1220. 

Effect  of  attempted  convevance  to  extin- 
guish a  possibility  of  reverter  upon 
breach  of  condition  subsequent.  L.R.A. 
1916F,  311. 

To.ssibility  of  reverter  on  dedication  of  land 
in  which  third  persons  have  an  interest. 
31  L.R.A.  (N.S.)    1026. 

Begin  with  this  hooTc  on  every  law  question 


DEEDS,  III.  g— confd. 

Character  and  effect  of  provision  in  deed  to 
railroad  for  construction  of  road  within 
a  specified  time  where  deed  expressly 
provides  for  reverting.  32  L.R.A. 
(N.S.)   117. 

h.  Reformation. 

§   36.  Generally. 

Jurisdiction  of  suit  to  reform  deed  of  land 

in  another  state  or  country.    69  L.R.A. 

685. 
Reformation  of  deeds  as  against  persons  noli 

in  being.    8  L.R.A. (N.S.)   66. 
Relief  from  deed  prepared  by  grantee  which 

does   not  protect  the  grantor's   rights. 

13  L.R.A. (N.S.)    1089. 
Effect  of  statute  of  frauds  upon  the  power  of 

equity  to  reform.    L.R.A.1917A,  573. 


♦  ♦» 


DBBDS  OF  TRUST, 

See  MoBTOAQE. 


DEEDS  POLiIi. 


Liabilitv  of  grantee  on  a  condition  in.  23 
L.R.A.  396. 

May  covenant  running  with  the  land  be  cre- 
ated by  acceptance  of  deed  poll  with 
stipulations  purporting  to  bind  grantee. 
6  LJl^.(N.S.)    436. 


DEER. 

Liability  for  injury  by.     11   L.R.A.(N.S.) 

748. 


DE  FACTO. 


Corporations,  see  Cobpobations,  §  8. 
Directors,  see  Corporations,  §  41. 
OflScers,  see  Officebs,  IV. 


DEFALCATION. 


Of  co-executor  or  co-administrator,  see  Ex- 

ECUTOBS    AND    AdMINISTRATOBS,    §    25. 

Of  cotrustee,  see  Trusts,  §  28. 
Embezzlement,  see  JCmbezzlement. 

Duty  of  obligee  in  fidelity  bond  to  disclose 
prior  defalcation  to  sureties  in  absence 
of  inquiry  in  regard  thereto.  12  L.R.A. 
(N.S.)    247. 

Liability  of  surety  under  fidelity  bond  for 
defalcation  subsequent  to  reappoint- 
ment of  officer  or  employee  before  expi- 
ration of  orijrinal  term  or  during  an 
indefinite  ton-.i.     11  L.R.A. (N.S.)    493. 


INDEX  TO  L.R.A.  NOTES. 


397 


DEFAMATION. 

Svje  Libel  and  Slander. 


DEFAUIiT. 

Oral  promise  to  answer  for  default  of  an- 
other, see  Contracts,  §  37. 

Promise  to  answer  for  default  of  another 
generally,  see  Guaranty. 

Of  other  party  as  ground  for  rescission  of 
contract  generally,  see  Contracts, 
§  152. 

As  ground  for  rescission  of  contract  of  sale, 
''see  Sale,  §  66. 

Liability  for  default  of  coexecutor,  see  Ex- 
ecutors AND  Administrators,  §  25. 

Default  in  payment  of  interest,  see  Inter- 
est, §  3.  . 

Judgment  by,  see  Judgment,  §§  4,  28,  90, 
91,  97. 

Right  of  jury  to  assess  damage  on,  see 
Jury,  §  4. 

In  payment  of  mortgage,  see  Mortgage, 
§  65. 

Rights  of  conditional  seller  on  default  of 
payment,  see  Sale,  §  49. 

Of  cotrustee,  see  Trusts,  §  28. 

Effect  of  tender  by  vendee  of  purchase  price 
before  due  to  put  other  party  in  de- 
fault.    20  L.R.A.  (N.S.)    338. 

Injunction  against  collection  of  purchase 
money  where  title  to  land  is  defective 
and  purchaser  is  in  defaiult.  7  L.R.A. 
(N.S.)    459. 

Right  of  purchaser  to  compel  return  of 
advance  payment  on  resale  by  vendor 
after  purchaser's  default.  35  L.R.A. 
(N.S.)   532. 

Of  principal  as  affecting  commissions  of 
real  estate  broker.  43  L.R.A.  593; 
L.R.A.1915E,  714. 

Effect  of  purchaser's  default  on  real  estate 
broker's  right  to  commissions.  44 
L.R.A.  623. 


DEFEASANCE. 


Effect  of,  against  creditors  of  grantee  of 
failure  to  record  defeasance.  5  L.R.A. 
(N.S.)    387. 


DEFECTIVE   INSTRUMENTS. 

Defective  order  or  request  for  goods  as  sub- 
ject of  forgery.     32  L.R.A.(N.S.)    334. 


DEFECTIVE  MONEY. 

Tender  of,  see  Tender,  §  4. 

Consult  also  L.B.A.  Digests  of  Cases. 


DEFECTIVES. 

In  general,  see  Incompetent  Persons. 

Asexualization  or  sterilization  of.    41  L.R.A. 
(N.S.)    419;   L.R.A.1918D,  236. 


DEFECTIVE  SIGHT. 

See  also  Blind. 

Duty  toward  persons  with  defective  eye- 
sight as  to  condition  of  streets.  L.R.A. 
1917C,  126. 

Care  required  from  one  of  defective  sight  in 
using  street.  14  L.R.A. (N.S.)  648;  39 
L.R.A.(N.S.)    1055. 

Right  to  show  nearsightedness  on  issue  of 
contributory  negligence  without  allega- 
tion  thereof.      L.R.A.1917D,   558. 

Unknown  bad  eyesight  of  juror  as  ground 
for  new  trial.     50  L.R.A.(N.S.)   977.     • 


DEFECTS. 

Inspection  to  discover,  see  Discovery  and 

Inspection,  §§  6-9. 
Liability  for  injury  by  defect  in  highway, 

see  Highways,  VI. 
Landlord's   liability   for   injury   caused  by, 

see  Landlord  and  Tenant,  IV,  d. 
Liability    of    master    for    injury    by,    see 

Master  and  Servant,  II. 
Liability  of  seller  or  manufacturer  for  in- 
jury   by    defects    in    article    sold,    see 

Negligence,  §   15. 
In  personal  property  sold,  see  Negligence, 

§  15;  Sale,  §§  53-59.' 
Latent  defects,  see  Latent  Defects. 

Grammatical  defects  in  certificate  of  ac- 
knowledgment.    11  L.R.A.(N.S.)    643. 

What  defects  are  covered  by  provision  m 
paving  contract  requiring  contractor  to 
keep  pavement  in  repair.  9  L.R.A. 
(N.S.)   154;  49  L.R.A.(N.S.)   922. 

Docs  warranty  extend  to  obvious  defects  in 
animal  or  slave.     12  L.R.A. (N.S.)    82. 

Effect  of  provision  in  contract  of  sale  that 
claim  for  defects  must  be  made  within 
certain  time  where  defects  are  latent. 
11  L.R.A.(N.S.)  245. 

Effect  of  setting  up  defects  in  article  pur- 
chased as  counterclaim  in  action  on  one 
of  a  series  of  notes  given  for,  or  for 
an  instalment  of,  the  purchase  price, 
on  right  to  set  up  a  like  counterclaim 
in  subsequent  actions.  10  L.R.A. (N.S.) 
734. 


DEFENDANTS. 

Parties  defendants,  see  Parties,  III. 


In 


civil     action, 
S§  12-16. 


DEFENSES. 

!    Action 


OB    Suit,} 


898 


INDEX  TO  L.R.A.  NOTES. 


DEFENSES— cont'd. 

In  criminal  prosecution,  see  Criminal  Law, 

§§  5-25;  Homicide,  §§  19-30. 
Presumption  tuid  burden  of  proof  as  to,  see 

Evidence,  §  20a. 
Violation  of  Siniday  law  as,  see  Sunday. 

Interposition  of  unfounded  defense  in  a  civil 
action  as  basis  of  action  for  damages. 
34  L.R.A.(N.S.)  1026. 

To  criminal  or  penal  responsibility  for 
blocking  street  or  hij^hway  railroad 
crossing.     L.R.A.1915B,   335. 

Statutory  limitation  of  time  for  relief 
against  tax  deed  as  affecting  right  to 
set  up  invalidity  of  tax  title  as  defense. 
46  L.R.A.(N.S.)    1065. 


DEFERRED    PAYMENTS. 

Uiury  in  interest  on  deferred  payments  of 
I        purcliase  money,  see  Usuby,  |  7. 


DEFICIENCY. 


§  1.  Generally. 

On  foreclosure  of  mortgage,  see  Mobtgage, 

§  84. 
Abatement  of  purchase  price  of  land  for,  see 

VeNDOB  and  PUBCHASiai,  §  21. 

Effect  of  provision  that  deficiency  in  assess- 
ment mav  be  paid  from  reserve  or 
emergency  fund.     10  L.R.A.(N.S.)  264. 

General  liability  of  municipality  for  de- 
ficiency in  assessments  for  local  im- 
provements.    32   L.R.A.(N.S.)    177. 

Deficiency  in  quantity  of  property  described 
as  a  section  or  fraction  thereof  as 
breach  of  covenant.  36  L.R.A.{N.S.) 
558. 

May  vendor  be  required  to  make  good  de- 
ficiency in  tract  sold  out  of  other  lands. 
39  L.R.A.(N.S.)  785. 

Liability  of  property  redeemed  by  judgment 
debtor  or  his  grantee  to  safety  de- 
ficiency on  indebtedness  for  which  it 
was  originally  sold.  47  L.R«A.(N.S.) 
1048. 

§   2.  Judgment  for. 

On  foreclosure  of  mortgage,  see  Mobtgage, 
§  84. 

In  proceedings  to  enforce  mortgage  for  part 

of  debt.     37  L.R.A.  748. 
Deficiency    decree    in    action    to    foreclose 

vendor's  lien.    13  L.R.A.(N.S.)  874. 


DEFUiEMENT. 


See  also  Abduction;  SKDUcnoir. 

Evidence  of  other  crime  in  prosecution  for 
defiling  young  woman.     62  L.R_A,  281. 

Evidence  of  specific  instances  of  unchastity 
of  alleged  victim  in  prosecution  for 
defiling  female  child.    L.R.A.1916B,  967. 


DEFINITENESS. 

Of  charitable  gift,  see  Charities,  §§  6-0. 
Of  contract,  see  Contracts,  §§  19-23. 
As    condition    of    specific    performance,    see 
Specific  Performance,  §  23. 

Of  special  verdict.     24  L.R.A.(N.S.)   46. 

Of  acts  regulating  speed  of  automobiles. 
L.R.A.1918D,  135. 

Sufliciency  of  general  allegations  of  negli- 
gence as  against  motion  to  make  more 
definite.     59  L.R.A.  219. 


DEFINITIONS. 


261;     44 


Begin  tHth  this  booTc  on  every  lau-  question 


Abandonment.     43    L.R.A.(N.S.) 

L.R.A.(N.S.)    1226. 
Abstract   of  title.      43   L.R.A. (N.S.)    44. 
Accident.     30  L.R.A.  206;  L.R.A.1916A,  29, 

227,    482;    L.R.A.1917D,    103. 
Accidental.     9  L.R.A.  685;*  L.R.A.  1916A, 

482;  L.R.A.  1917D,  103. 
Accidental    means.     5    L.R.A.  (N.S.)     657; 

L.R,A.1915E,  127;  L.R.A.1916B,  1021. 
Accomplice.     39  L.R.A. (N.S.)    704. 
Accord   executory.     12    L.R.A.  (N.S.)    1134. 
Account  stated.     27  L.R.A.  811. 
.Additions.     33  L.R.A. (N.S.)    156. 
Adopted  children.     L.R.A.1916B,  907. 
Adultery.     18    L.R.A.  (N.S.)     580;     L.R.A. 

1915D,  438. 
Adverse  possession.     15  L.R.A.  (N.S.)   1184; 

35  L.R.A.(N.S.)  755. 
After.     49  L.R.A.  200. 
Aggrieved   person.     25  L.R.A. (N.S.)    155. 
Agriculturallaborer.  19  L.R.A.(N.S.)  1039; 

L.R.A.1917D,  382. 
Alimony.     2  L.Rj^.(N.S.)  232. 
29  L.R.A.  542. 
L.R.A.(N.S.)   358. 
13  L.R.A.(N.S.)   1260. 
43   L.R.A.(N.S.)    179. 
49  L.R.A.  203. 
Attendance.     18  L.R.A. (N.S.)    362. 
Author.     1  B.  R.  C.  324. 
Average  earnings.     L.R.A.1916A,  149,  373; 

L.R.A.1917D,  175. 
Beer.     25    L.R.A.  (N.S.)     446;     48    LILA. 

(N.S.)    308. 
Before.     49  L.R.A.  201. 
Between.     49  L.RA..  202. 
Beyond  seas.     25  L.R.A.(N.S.)   25.     ' 
Bill  of  exchange.     35   L.R.A.  647. 
Blasphemv.     22  L.R.A.  353. 
Blood.     29  L.R.A.  544. 
Bona  fide  purchasers.     31  L.R.A.  012. 
Bottle  washing  works.     L.R.A.1916A,  202. 
Boundary.     25   L.R.A. (N.S.)    649. 
Brothers  and  sisters.     29  L.R.A.  544. 
Buildings.    L.R.A.1916A,  196,  1099. 
Burden  of  proof.     33  L.R.A.(N.S.)   1089. 
Business.     14  L,R.A.  530. 
Business    establishment.      44    L.R.A.  (N.S.) 

1185. 
Carrying  weapon.     23  L.R.A.  (N.S.)   173. 
Cars.     20   L.R.A. (N.S.)    482. 
Casual    employee.      L.R.A.1916A,    120,    247, 

365;   L.R.A.1917D,   147. 
Charitable  trusts.     14  L.R.A.(N.S.)    52. 


Ancestor. 
Assets.    5 
Assignor. 
Assistant. 
At  least. 


INDEX  TO  L.R.A.  MOTES. 


399 


DEFINITIONS— cont'd. 

Charities.     14   L.R.A.  (N.S.)    52. 

Check.     26   L.R.A.  568. 

Child.     27    L.R.A.(N.S.)     1L58;    30    L.R.A. 

(N.S.)    914;   L.R.A.1918B,  123;    L.R.A. 

1918F,  1082. 
Church.     22   L.R.A.  (N.S.)    195;    43   L.R.A. 

(N.S.)   1142. 
Citizens.     43  L.R.A. (N.S.)    294. 
Claims.     2  L.R.A.  (N.S.)    1013. 
Clerk.     52  L.R.A.  571. 
Colored  person.     31  L.R.A. (N.S.)   180. 
Color   of  title.     15   L.R.A. (N.S.)    1215;   27 

L.R.A. (N.S.)   340. 
Commerce.     60  L.R.A.  642. 
Competing  railroads.     45  L.R.A.  274. 
Compulsory  pilotage.     39  L.R.A.   177. 
Concealment.     23   L.R.A. (N.S.)    175. 
Consolidation.     52  L.R.A.  369. 
Construction.     L.R.A.1916A,  197. 
Consultation.     18   L.R.A. (N.S.)    362. 
Contingent  claims.     58  L.R.A.  83. 
Contributory    negligence.     13    L.R.A. (N.S.) 

1260. 
Convert  to  his   own  use.     42  L.R.A. (N.S.) 

601. 
Conveyance.     67   L.R.A.  461. 
Corpus  delicti.    28  L.R.A.  (N.S.)  536;  L.R.A 

1916B,  846. 
Coughing  blood.     23  L.R.A. (N.S.)  917. 
Court.     56   L.R.A.   531. 
Credits.      29    L.R.A. (N.S.)     60;    38    L.R.A. 

(N.S.)    137. 
Crossings.     L.R.A.1918D,   143. 
Cruelty.     43  L.R.A. (N.S.)   260. 
Currency.     31  L.R.A. (N.S.)    240. 
Current  funds.     31  L.R.A. (N.S.)   240. 
Cyclone.     8  L.R.A. (N.S.)    308. 
Cyclone  insurance.     8  L.R.A.(N.S.)   308. 
Cy  pres.     14  L.R.A. (N.S.)    59. 
Damage.    7  L.R.A. (N.S.)  108;  L.R.A.1915A, 

382. 
Dantjc^vous  aGiencv.     10  L.R.A. (N.S.)   372. 
Deadlv  weapon.  "21  L.R.A.(N.S.)  497. 
Dealing.     14  L.R.A.  529. 
Debt.      34   L.R.A.    636;    L.R.A.1915B,   646; 

L.R.A.1917E,'437. 
Defects.     13   L.R.A. (N.S.)    1246. 
Del  credere  agency.    L.R.A.1916E,  1211. 
Demonstrative    legacies.     11     L.R.A. (N.S.) 

61. 
Dependent.     2  L.R.A. (N.S.)    653;   37  L.R.A. 
(N.S.)     1191;     51    L.R.A.(N.S.)     726; 

L.R.A.1916A,     121,     128,     248;     L.R.A. 

191 6B,  906;   L.R.A.1917D,   157;   L.R.A. 

1918F,  483. 
Depot  grounds.     7  L.R.A. (N.S.)  203. 
Depreciation.      52    L.R.A. (N.S.)     18. 
Desertion.    29  L.R.A. (N.S.)  614;  43  L.R.A. 

(N.S.)  261. 
Deviation.     2  B.  R.  C.  588. 
Disability.      23    L.R.A. (N.S.)     352;    L.R.A. 

1917B,  108. 
Disposing  of.     45  L.R.A. (N.S.)  960. 
Disturbance    of    public    peace.     32    L.R.A. 

(N.S.)   505. 
Doing  business.     24  L.R.A.  295;   57  L.R.A. 

88;    10   L.R.A. (N.S.)    693. 
Dollars.     31   L.R.A.(N.S.)    241. 
Drugs.     26   L.R.A.(N.S.)    1013. 
Dues.     15  L.R.A.  513. 
Consult  also  L.R.A.  Digests  of  Cases. 


DEFINITIONS— cont'd. 

Dwelling  house.     21   L.R.A.  (N.S.)    349;    45 

L.R.A.(N.S.)    729;    L.R.A.1916A,  1100; 

L.R.A.1918C,  873. 
Dwellings.     11   L.R.A.  (X.S.)    613. 
Effects.     12  L.R.A. (N.S.)    661. 
Elections.     18  L.R.A.(N.S.)   412. 
Elector.    43  L.R.A. (N.S.)  294. 
Elements.     53  L.R.A.  673. 
Emergency.     52  L.R.A.  (N.S.)    676. 
Employed.     28  L.R.A.  (N.S.)    371. 
Employee.     L.R.A.1916A,  246;  L.R.A.1917D, 

145. 
Employers.     L.R.A.1916A,  113,  246;  L.R.A. 

1917D,  143. 
Engineering    work.     L.R.A.1916A,    208. 
Enticement.     5  L.R.A. (N.S.)    1094. 
Exceptions.     7  L.R.A. (N.S.)   792. 
Executory  accord.     12  L.R.A. (N.S.)  1134. 
Expenses.     2  L.R.A. (N.S.)    1013. 
Extra     hazardous     employments.        L.R.A. 

1917D,  152. 
Factory.     L.R.A.1916A,  200. 
False     representations.       18     L.R.A.  (N.S.) 

1109. 
Family.     6    L.R.A.    813;*    3    L.R.A.  (N.S.) 

334;  4  L.R.A.(N.S.)  366;  L.R.A.1917C, 

361. 
Family    expenses.      21    L.R.A. (N.S.)     277; 

L.R.A.1917F,  861. 
Farm     laborer.       19     L.R.A.  (N.S.)      1039; 

L.R.A.1917D,   382. 
Female  relatives.     4  L.R.A. (N.S.)    167. 
Ferry.     59  L.R.A.  513;  L.R.A.1916D,  832. 
Fixtures.     34   L.R.A. (N.S.)    218. 
Fixtures  and  erections.     L.R.A. 1916A,  1099. 
Food.     L.R.A.1916B,  788. 
Franchises.     57  L.R.A.  35. 
Free.     3    L.R.A. (N.S.)    461.  • 

From.     49   L.R.A.   200. 
Furnishing.     45  L.R.A. (N.S.)   959. 
General  legacy.     11   L.R.A. (N.S.)    51. 
Geographical  name.     26  L.R.A. (N.S.)   73. 
Gift.     6  L.R.A.  403;*  39  L.R.A. (N.S.)    198. 
Giving.     45  L.R.A.  (N.S.)  958. 
Going  value.     48  L.R.A. (N.^.l  1093. 
Good  behavior.     L.R.A.1918D,  697. 
Goods.      2    L.R.A.  (N.S.)     3SS:     19    L.R.A. 

(N.S.)    874;   51  L.R.A. (N.S.)    398. 
Gooc:    will.      48   L.R.A. (N.S.)    1146.. 
Grade.     L.R.A.1916A,  150. 
Habitual  drunkard.  6  L.R.A. (N.S.)   914;  40 

L.R.A. (N.S.)   655. 
Harborer.      17    L.R.A.  (N.S.)     431;    L.R.A. 

1917E,  520. 
Hawker,  see  Peddlers. 
Hazard.     18   L.R.A. (N.S.)    478;    22   L.R.A. 

(N.S.)    969;   47  L.R.A.  (N.S.)    113. 
Hazardous  occupation.    L.R.A.1917D,  152. 
Head  of  family.     51  L.R.A. (N.S.)    1121. 
Heirs.     5  L.R.A.  122;*  8  L.R.A.  732,*  747;* 

12    L.R.A.    721;*    13    L.R.A.    46;*    30 

L.R.A.    593;    3    L.R.A.  (N.S.)     904;    27 

L.R.A.(N.S.)     1158;     29    L.R.A.(N.S.) 

970;      30     L.R.A.(N.S.)      593;      L.R.A. 
••  1918B,   123. 
Highways.     L.R.A.1918D,  144. 
Hotel.     20  L.R.A.(N.S.)    107. 
Husband.     33  L.R.A. (N.S.)    816. 
Hypnotism.     40   L.R.A.   269. 
111.     L.R.A.1918B,   643. 
Immediately.     38  L.R.A.  538. 


400 


INDEX  TO  L.R.A.  NOTES. 


DEFINITIONS— cont'd. 
Impressions.     3.5  L.R.A.  (N.S.)  991. 
Improvement.     20  L.R.A. (N.S.)    378. 
In.     37   L.R.A.  (N.S.)    620. 
Indebtedness.     L.R.A.1917E,  437. 
Independent    contractors.      65    L.R.A.    447; 

L.R.A.1917D,  140. 
Indignity.    43  L.R.A. (N.S.)  260. 
Infamous  crime.     17  L.R.A.  764. 
Injurv.     15  L.R.A. (N.S.)    55. 
Injury  by  accident.     L.R.A.1916A,  29,  227; 

L.R.A.1917D,  103. 
Insaiic.      17   L.K.A.(N.S.)    260. 
Insane  delusions.     37  L.R.A.  261;  27  L.R.A. 

(N.S.)  62. 
lntan«il.le  value.     48  L.R.A. (N.S.)   1039. 
Intoxicating  liquors.     6  L.R.A.  (N.S.)    186; 

7  L.R.A.(N.S.)    195. 
Iron  mill.    L.R.A.1916A,  201. 
Issue.     4  L.R.A.  117;*  11  L.R.A.  305  ;•  27 

L.R.A.(N.S.)     1158;     30    L.R.A.(N.S.) 

914;    L.R.A.1918B,    123;    L.R.A.1918F, 

1082. 
Junk  dealer.     24  L.R.A.(N.S.)    1170. 
Junk  shop.    24  L.R.A.{N.6.)    1170. 
Jury.     43  L.R.A.  48. 
.Jury  trial.     43  L.R.A.  48. 
Keeper.       17     L.R.A.(N.S.)      431;     L.R.A. 

1917E,  520. 
Kidnapping.     32  L.R.A.(N.S.)    845;  L.R.A. 

1915B,  189. 
Labor.     43  L.R.A.(N.S.)   162;  L.R.A.1915F, 

951. 
Laborers.     18  L.R.A.  305;  30  L.R.A.(N.S.) 

85. 
Last  sickness.     13  L.R.A.(N.S.)   1092. 
Legal  heirs.     3  L.R.A. (N.S.)    904. 
Legal  representatives.     30   L.R.A.   609;    32 

L.R.'A.(N.S.)  247. 
Legal  voters.    43  L.R.A.  (N.S.)  294. 
Lend.    L.R.A.1915D,  496. 
Liability.     L.R.A.1917E,  437. 
Limitation.     29  L.R.A. (N.S.)    970. 
Line  of  tunnel.     53  L.R.A.  796. 
l^an.    L.R.A.1915D,  496. 
Location.     7  L.R.A.(N.S.)    765. 
Lode.     7  L.R,A.(N,S.)  821. 
Lottery.     13  L.R.A.(N.S.)    1096. 
Machinery.     57  L.R.A.  821. 
Machinery  of  every  description.     30  L.R.A. 

(N.S.)    36. 
"Mailing."     49  L.R.A. (N.S.)   462. 
Male  heirs.     29  L.R.A. (N.S.)    970. 
Malice.     2  L.R.A.  130;*  11  L.R.A.  546 ;»  19 

L.R.A.(N.S.)  273. 
Malice     aforethought.         38     L.R.A.  (N.S.) 

1054. 
Managing  agent.     4  L.R.A.(N.S.)   460. 
Manufacture.     64  L.R.A.  34. 
Manufacturers.     14  L.R.A.  107. 
Manufacturing    establishment.      44    L.R.A. 

(N.S.)    1186. 
Marketable  title.     4  L.R.A.(N.S.)   1170;  38 

L.R.A.(N.S.)    4. 
Martial   law.     65    L.R.A.    193;    45   L.R.A. 

(N.S.)  999. 
Materials.      43    L.RA.(N.S.)    162. 
May.     6  L.R.A.  162 ;•  5  L.R.A. (N.S.)   340. 
Mechanics.     30  L.R.A.(N.S.)   85;  44  L.R.A. 

(N.8.)   15L 
>[cdicine.     26   L.R.A.(N.S.)    1013. 
ATember  of  family.    L.R.A.1916B,  905. 


Begin  with  this  boolc  on  every  law  question. 


DEFINITIONS— cont'd. 

Mercantile     institution.       44     L.R.A.  (N.S.) 

1185. 
Merchandise.     2     L.R.A.  (N.S.)      338;      45- 

L.R.A.(N.S.)  496. 
Mine.     L.R.A. 1916A,  209. 
Mineral.     7    L.R.A.  (N.S.)    805. 
Mining  claim,     7   L.R.A. (N.S.)    765. 
Misfeasance.     12  L.R.A. (N.S.)   926. 
Mistake  of  law.     28  L.R.A.(N,S.)    792. 
Mob.     10   L.R.A. (N.S.)    925. 
Moneyed  capital.     45   L.R.A.   745. 
Money  in  hand.     26  L.R.A. (N.S.)    414. 
Mulatto.     31     L.R.A.(N.S.)      180;     L.R.A. 

1915A,  828. 
Natural    heirs.      45    L.R.A. (N.S.)     1163. 
Nearest  of  kin.     28  L.R.A. (N.S.)    482. 
Nearest  relations.     28  L.R.A. (N.S.)  482. 
Near   relations.     28   L.R.A.  (:S',S,)    482. 
Necessaries.    L.R.A.1917F,  861. 
Necessity.     5  L.R.A.(N.S.)    320;   22  L.R.A. 

(N.S.)   58;  L.R.A.1917B,  99. 
Neglect  of  duty.     43   L.R.A.  (N.S.)    260. 
Negro.    31  L.R.A.(N.S,)  180;  L.R.A.1915A, 

828. 
Nephews.      47   L.R.A. (N.S.)    533. 
Net  earnings.     52  L.R.A.  (N.S.)    16. 
Next  of  kin.     28  L.R.A.(N.S.)   479;  L.R.A. 

1916B,  907. 
Nieces.     47  L.R.A. (N.S.)   533. 
Nonfeasance.     12  L.R.A. (N.S.)    929. 
Novation.     10  L.R.A.  369;  36  L.R.A.(N.S.> 

464. 
Occupied.     2  L.R.A.(N.S.)    517. 
Office.     17  L.R.A.  243. 
Officer.     13  L.R.A.  177;*  17  L.R.A.  243. 
On.    37  L.R.A.  (N.S.)   620. 
On  or  in  or  about.     L.R.A.1916A,  193. 
Opinions.    35  L.RA.(N.S.)   991. 
Option.     21  L.R.A.   128. 
Orchard.     L.R.A.1916A,  1104. 
Orphans.    L.R.A.1916B,  907. 
Original  package.     60  L.R.A.  664 ;  39  L.R.A. 

(N.S.)    1051. 
Out  of  the  state.     25   L.R.A.(N.S.)    25. 
Party  to  be  charged.    28  L.R.A.(N.S.)  689; 

43  L.R.A.  (N.S.)   410.  • 
Passenger     being     transported.     4     L.R.A. 

(N.S.)   254. 
Passengers.     26  L.R.A.  132. 
Paved  street.    L.R.A.1918D,  143. 
Paving.     L.R.A.1918D,  143. 
Peddlers.  8  L.R.A.  273;*  L.R.A.1916B,  1293. 
Pending.     68  L.R.A.  261. 
Person  aggrieved.     25  L.R.A.(N.S.)   155. 
Personal  injury.     L.R.A.1917D,   103. 
Persons.     19  L.RA.  222 ;  2  B.  R.  C.  243. 
Persons    of    color.      31    L.R.A. (N.S.)    180? 

L,R.A.1915A,  828. 
Per  week.     38  L.R.A.  539. 
Place  of  abode.     21  L.R.A. (N.S.)  344. 
Plant.     57  L.R.A.  821. 
Poisons.     26  L.R.A.(N.S.)    1013;  30  L.K.A. 

(N.S.)   520. 
Poll  taxes.     29  L.R.A.  404. 
Privity  of  estate.     66  L.R.A.  681. 
Procuring.     45  L.R.A.(N.S.)    959. 
Profanity.     22  L.R.A.  353. 
Profession.    L.R.A.1915F,  916. 
Property.     29  L.R.A.  (N.S.)    60. 
Provisions.     L,R.A.1916B,  788. 


INDEX  TO  L.R.A.  NOTES. 


401 


DEFINITIONS— cont'd. 

Public  accommodation.  9  L.R.A.(N.S.)   603. 

Publication.     13    L.R.A.    419;*    51     L.R.A. 

375;  43L.R.A.(N.S.)  64L 
Public   conveyance.      37   L.R.A.  (N.S.)    619; 

L.R.A.1915C,  456. 
Public  highway.     L.R.A.1918D,  144. 
Public  purpose.     49  L.R.A.  783. 
Public  road  or  highway.     L.R.A.1918D,  144. 
Public  use.     22  L.R.A. (N.S.)   35. 
Public  utilities.     31  L.R.A. (N.S.)   556. 
Pupils.    43  L.R.A. (N.S.)    172. 
Purchase.     29  L.R.A.  (N.S.)   970. 
Railroad     hazard.     18     L.R.A,  (N.S.)     478; 

22  L.R.A.(N.S.)    969;   45  L.R.A.(N.S.) 

840. 
Railroads.     15  L.R.A. (N.S.)  479;  17  L.R.A. 

(N.S.)   117;  L.R.A.1916A,  200. 
Ratification.     10  L.R.A. (N.S.)    937;   L.R.A. 

1915A,  1024. 
Residence.    L.R.A.1918C,  873. 
Reasonable  cause.     52  L.R.A. (N.S.)    749. 
Reasonable  diligence.     20  L.R.A. (N.S.)  581. 
Reasonable     doubt.     17     L.RA.     705;      39 

L.R.A.   745. 
Relative.     14    L.R.A.    342;    4   L.R.A.(N.S.) 

167;  L.R.A.1916B,  907. 
Remuneration.     L.R.A.1916A,  121. 
Repair.     L.R.A.1916A,  197. 
Representations.     18  L.R.A. (N.S.)   1110. 
Reservations.     7   L.R.A. (N.S.)    792. 
Residence.     19  L.R.A. (N.S.)  759;  21  L.E.A, 

(N.S.)   344. 
Resident.    43  L.R.A. (N.S.)  272. 
Residue.     44  L.R.A. (N.S.)   805. 
Restaurant.     17  L.R.A. (N.S.)    566. 
Retail.     32  L.R.A.(N.S.)   622;  L.R.A.19i5B, 

389. 
Return.     23    L.R.A. (N.S.)    547;    25   L.E.A. 

(N.S.)    24. 
Riot.     10   L.R.A. (N.S.)    925. 
Riparian   land.     11   L.R.A.(N.S.)    1062. 
Rural  lands.     27  L.R.A. (N.S.)    697. 
Sale.     26   L.R.A. (N.S.)    5. 
Sale  of  intoxicating  liquor.     8  L.R.A. (N.S.) 

937;    25   L.R.A. (N.S.)    943;    52   L.R.A. 

(N.S.)   722;  L.R.A.1915C,  648. 
Same.     17  L.R.A. (N.S.)    260. 
Satisfactory  title.     18  L.R.A.  (N.S.)    741. 
Scaflolding.     L.R.A.1916A,  198. 
Scaffolds.     30  L.R.A. (N.S.)    30. 
School.      22    L.R.A. (N.S.)    194;    43    L.R.A. 

(N.S.)   1142. 
School  children.     43   L.R.A. (N.S.)    172. 
Sellers.     30  L.R.A.(N.S.)   521. 
"Sending."     49  L.R.A. (N.S.)   463. 
Separable  controversy.     5  L.R.A.  (N.S.)    58. 
Serious  or  wilful  misconduct.    L.R.A.1916A, 

75,  243,  355;  L.R.A.1917D,  133. 
Ship  building  yards,    L.R.A.1916A,  202. 
Shop.      44   L.R.A. (N.S.)    1186. 
Shore.     45   L.R.A.  242. 
Sick.    L.R.A.1918B,  643. 
Sickness.    L.R.A.1918B,  643. 
Sisters.     29  L.R.A.  544. 
Special  verdict.     24  L.R.A. (N.S.)    2. 
Specific  legacy.     11   L.R.A. (N.S.)    55. 
Spitting  blood.     23  L.R.A. (N.S.)    917. 
Structures.     30  L.R.A. (N.S.)   33. 
Suicide.     17   L.R.A.  (N.S.)    260. 
Surface.     68  L.R.A.  679. 
Consult  also  L.R.A.  Digests  of  Cases.    26 


DEFINITIONS— cont'd. 

Switching  service.     L.R.A.1916D,  455. 

Taking.     18  L.R.A.  166;   68  L.R.A.  699;   15- 

L.R.A. (N.S.)    49. 
Tavern.     20  L.R.A. (N.S.)   107. 
Telegraph.     42   L.R.A. (N.S.)    237. 
Tenancy  by  the  entireties.     30  L.R.A.  306. 
Term.     56  L.R.A.  531. 
Testamentary  capacity.    27  L.R.A. (N.S.)  1; 

L.R.A.1915A,  444. 
Things.     L.R.A.1918A,  222. 
Through  contract.     31   L.R.A.  (N.S.)    37. 
Tornado.     8  L.R.A.  (N.S.)   308. 
Tornado  insurance.     8  L.R.A, (N.S.)    308. 
Total    disability.      38    L.R.A.    529;    L.R.A. 

1917B,  108. 
Total  loss.    L.R.A.1917D,  167. 
Trade.    L.R.A.1915F,  916. 
Traveler.     13  L.R.A.(N.S.)    1242. 
Traveling  by  public  conveyance.     37  L.R.A., 

(N.S.)    619. 
Treating.     19  L.R.A.(N.S.)    733;   49  L.R.A. 

(N,S.)  889, 
Unbroken  package.     39  L.R.A.  (N.S.)    1051. 
Undertakers.      L.R.A.1916A,   209. 
Unmarried.     15  L.R.A.  292. 
Unoccupied.     2  L.R.A. (N.S.)  517. 
Until.     49  L.R.A.  202. 
Urban  lands.     27  L.R.A. (N.S.)   697. 
Usual  place  of  abode.     21  L.R.A. (N.S.)  344, 
Vacant.     2  L.R.A. (N.S.)   517. 
Vein.     7  L.R.A. (N.S.)    821. 
Volenti  non  fit  injuria.    47  L.R.A.  162. 
Volunteers.       43     L.R.A.  (N.S.)      179,     187; 

L.R.A.1915F,  1125. 
Warehousfe.        L.R.A.1916A,      206;      L.R.A. 

1917D,  156. 
Wares.     2  L.R.A. (N.S.)    338. 
Water   course.      25    L.R.A.    527;    1    L.R.A. 

(N.S.)   756. 
Waterproof.    L.R.A.1918B,  826. 
Ways.     57  L.R.A.  820;   L.R.A.1915F,  1036. 
Weapons.  34  L.R.A. (N.S.)    1174. 
Wharf.    L.R.A.1916A.  203. 
Widow.    33  L.R.A. (N.S.)   816. 
Wife.     33  L.R.A.(N.S.)   816. 
Wilful  act.  L.R.A.1916A,  224;  L.R.A.1917D, 

133. 
Withdrawal.      35    L.R.A.    289;    49    L.R.A. 

(N.S.)  1130. 
Within.    49  L.R.A.  202. 
Without  having  been  married.     15  L.R.A. 

292. 
Workmen.     30     L.R.A.  (N.S.)      85;     L.E.A. 

1916A,  112,  115,  246. 
Work   of   necessity.    '5    L.R.A. (N.S.)    320; 

L.R.A.1917B,  99. 
Works.     57  L.E.A.  820;  L.E.A.1915F,  1036. 
Workshop.  44    L.E.A.(N.S.)     1186;    L.E.A. 
1917D,  156. 

♦-•-♦ • 


DEFLECTION. 

Of    water,    see   Watebs,    §    53. 


DEGENERACY. 


As   ground   for   divorce.     51    L.E.A. (N.S.) 

282. 


402 


INDEX  TO  L.R.A.  NOTES. 


DEGREES  OF  HOMICIDE. 

See  Homicide,  §§  31-34. 


DEGREES  OF  INSANITY. 

Of  insanity  of  insured.     35  L.R.A.  259. 
Degree  of  insanity  induced  by  intoxication 

which   will   excuse   crime.     36   L.R.A. 

480. 


DEGREES  OF  KINSHIP. 


See  Next  of  Kin. 


DE  JURE   OFFICE. 


See  Officees,  §§  37,  43,  44. 


DELAY. 

In  presenting  commercial  paper  for  pay- 
ment, see  Bills  and  Notes,  §§  52,  53; 
Checks,  §  11. 

Of  carrier  in  transportation  of  goods,  see 
Carriers,  §   121. 

In  unloading  cars,  see  Carriers,  §  141. 

As  ground  for  discharge  of  accused,  see 
Criminal  Law,  §  45. 

Estoppel  by,  see  Estoppel,  §§  18-26. 

In  serving  notice  and  proofs  of  loss,  see 
Insurance,  §  146. 

Bar  of  action  by,  see  Limitation  of  Ac- 
tions, §§  6-12. 

Penalty  for  delay  in  payment,  see  Pay- 
ment, §  3. 

In  recording  instrument,  see  Records  and 
Recording  Laws,  §  23. 

In  probating  will,  effect,  see  Wills,  §  51. 

In  giving  notice  required  by  policy  insur- 
ing against  liability  for  personal  in- 
juries to  third  person.  L.R.A.1918E, 
114. 

Delay  in  giving  notice  of  claim  under  em- 
plover's  indemnitv  policv.  38  L.R.A. 
(KS.)  62;  47  'L.R.A.'(N.S.)  1214; 
L.R.A.  1918D,  445. 

Delay  by  purchaser  in  securing  substitute 
as  affecting  his  damages  for  vendor'b 
failure  to  deliver.  32  L.R.A.(N.S.) 
192. 

Effect  of  delay  on  privilege  of  suitor  or  wit- 
ness from  service  of  process.  L.R.A. 
1917B,  252. 

In  procuring  order  for  publication  of  sum- 
mons after  making  of  affidavit.  47 
L.R.A.(N.S.)   499. 

Who  is  entitled  to  penalties  for  delay  in 
paying  improvement  assessments.  47 
L.R.A.(N.S.)  704. 

Damages  recoverable  for  delaying  person 
by  blocking  railroad  crossing.  44 
L.R.A.(N.S.)    1069;    L.R.A.1915E,   336. 

Begin  xoith  this  boolc  on  every  law  question. 


DELAY— cont'd. 

Right  of  public  service  corporation  to  im- 
pose penalty  or  added  amount  for  fail- 
ure to  pay  service  bills  promptly.  31 
L.R.A. (N.S.)   329;   43  L.R.A. (N.S.)   63. 

Liability  to  passenger  for  delay  in  running 
railroad   train.      49   L.11.a'^.(>,.S.)    429. 

Effect  of  failure  to  apply  for  paid-up  in- 
surance within  time  stipulated.  51 
L.R.A.(N.S.)    1044. 

Effect  of  delay  in  passing  on  application 
for  insurance.  36  L.R.A.(N.S.)  1211; 
51  L.R.A.(N.S.)  873. 

Liability  of  insurance  company  for  negligent 
delay  in  passing  upon  or  issuing  policy 
until  after  loss.     40  L.R.A.  (N.S.)    164. 

Delay  in  paying  instalments  as  excusing 
building  contractor's  delay  in  complet- 
ing  contract.     35   L.R.A. (N.S.)    1223. 

As  ground  for  admitting  to  bail  in  capital 
case.     39  L.R.A. (N.S.)   708. 

Delay  in  attempting  to  regain  property  ob- 
tained under  agreement  to  pay  therefor 
on  delivery  as  waiver  of  that  condition. 
L.R.A.1915D,  355. 

What  constitutes  unreasonable  delay  of 
lessee  to  develop  premises  under  mining 
lease  reserving  a  royalty  on  product 
but  containing  no  provision  for  pay- 
ment of  minimum  royalties  or  forfeii.ure 
for  delay.     L.R.A.1915B,  565. 

Liability  of  the  lessee  in  oil  or  gas  lease 
for  damages  for  failure  to  develop  the 
leased  premises  during  the  term  for 
which  he  has  paid  delay  rental.  L.R.A. 
1917A,  178. 

Measure  of  damages  for  delay  in  delivery  of 
goods  purchased  as  affected  by  price  at 
which  they  were  resold.    7  B.  R.  C.  331. 


DEIi   CREDERE  AGENCY. 

Distinction  between  del  credere  agency  and 
contract  of  sale  or  return.  L.R.A.1916E, 
1209;  L.R.A.1917B,  651. 

Liability  of  del  credere  agent  for  nonper- 
formance of  contract  by  buyer.  6  B 
R.  C.  943. 


DELEGATION. 


Of  power,  see  Delegation  of  Povyna. 
Of  master's  duty,  see  Master  and  Servant, 
§§    163-169a. 

Right  of  debtor  to  delegate  to  another  the 
right  to  select  exempt  property.  30 
L.R.A.(N.S.)    982. 

Of  municipal  duty  as  to  defects  or  obstruc- 
tions in  street.     20  L.R.A.  (N.S.)   638. 


DELEGATION  OF  AUTHORITY. 

Power  of  real  estate  broker  to  delegate  au- 
thority.   43  L.R.A.(N.S.)  796. 


INDEX  TO  L.R.A.  ^'OTES. 


403 


DELEGATION    OF  POWER. 

In  general,  see  Constitutional  Law,  §§11- 
17;  Municipal  Coepokations,  §  18; 
Taxes,  §  5. 

By  municipality,  see  Municipal  Corpora- 
tions, §  18. 

As  to  taxation,  see  Taxes,  §  5. 

Delegation  of  power  to  exercise  power  of 
appointment.     64  L.R.A.  910. 


DELIBERATION. 

As  element  of  liomicide,  see  Homicide,  §  6. 


DELINQUENT    CHILDREN. 

Validity    of    statute    establishing    juvenile 
courts,  see  Juvenile  Courts. 


DELIRIUM. 


Aa  affecting  testamentary  capacity.  27 
L.R.A.(N.S.)   90;  L.R.A.1915A,  458. 

Liability  under  accident  policy  for  death 
during  delirium.    46  L.R.A.(N.S.)  543. 


DELIVERY. 


Of  commercial  paper,  see  Bills  and  Notes, 

§  17. 

Of  goods  to  carrier,  see  Carriers,  §  112. 

Of  goods  by  carrier,  see  Carriers,  §§  113- 
121. 

Of  chattel  mortgage,  see  Chattel  Mortqaoe, 
§  3. 

Of  deed,  see  Deeds,  §§  6-8. 

Of  gift,  see  Gift,  §§  13,  14. 

Of  articles  sold  in  instalments,  see  Instal- 
ments, §  2. 

Of  insurance  policy,  see  Insurance,  §   38. 

Of  pledged  property,  see  Pledge  and  Col- 
lateral Security,  §  5. 

Record  as,  see  Records  and  Recording 
Laws,  §  25. 

Of  goods  sold,  see  Sale,  §§  10-12,  14. 

Necessity  of,  to  entitle  third  party  to  sue 
on  contract  for  his  benefit.  25  L.R.A. 
265. 

What  constitutes  delivery  by  baggage  trans- 
fer company.     L.R.A.1916D,  1203. 


DELUSIONS. 


See  Criminal  Law,  §§  8,  9;  Incompetent 

Persoxs,   §  3;    Wills,   §   10. 
Consult  also  L.R.A.  Digests  of  Cases. 


DEMAND. 

§    1.  Generally. 

As  condition  precedent  to  actions,  see  Ac- 
tion or  Suit,  §  9. 

As  a  condition  of  trover,  see  Trover,  §  7. 

For  possession  of  leased  premises,  see  Land- 
lord and  Tenant,  §  94. 

Necessity  of,  to  set  statute  of  limitations 
running,  see  Limitation  op  Actions, 
§§  21,  26,  32. 

Making  time  of  essence  of  contract  by.  15 
L.R.A.   737. 

Banking  customs  as  to.     21  L.R.A.  441. 

As  a  condition  of  mandamus  to  compel  sur- 
render of  office.     31  L.R.A.  348. 

Before  sale  of  property  by  pledgee.  43 
L.R.A.  750. 

Necessity  of  demand  on  covenantor  to  de- 
fend, to  bind  him  by  decree  against 
grantee.  13  L.R.A.  (N.S.)   732. 

As  a  condition  of  right  to  reformation  be- 
cause of  mistake  of  law  as  to  effect  of 
instrument.      28   L.R.A.(N.S.)    913. 

Denial  of,  on  information  and  belief.  30 
L.R.A.(N.S.)    778. 

As  condition  precedent  to  equitable  remedies 
of  creditors.     23  L.R.A.(N.S.)    66. 

For  return  of  deposit  at  auction  as  a  con- 
dition of  recovering  interest.  35  L.R.A. 
(N.S.)  481. 

When  does  statute  of  limitations  begin  to 
run  against  an  action  on  a  contract 
payable  on  demand.  32  L.R.A. (N.S.) 
486. 

Necessity  of  demand  by  vendee  for  abstract 
of  title.    43  L.R.A. (N.S.)  48. 

Demand  for  support  as  necessary  to  relief 
of  grantor  in  conveyance  in  considera- 
tion of  agreement  to  support,  which  is 
broken  by  grantee.  43  L.R.A. (N.S.) 
927. 

Failure  to  comply  with  surety's  demand  to 
proceed  in  the  enforcement  of  the  obli- 
gation.   L.R.A.1918C,  10. 

§   2,  For  payment. 

As  condition  of  holding  drawer  or  indorser 
of  negotiable  paper,  see  Bills  and 
Notes,  §§  43-53. 

Subsequent  promise  to  pay  by  indorser  as 
admission  of.     29  L.R.A.  307. 

Of  payment  of  alimony  as  condition  of  con- 
tempt proceedings.     24  L.R.A.  437. 

Necessity  of  demand  by  lessor  upon  lessee 
for  payment  of  taxes  before  taking  ad- 
vantage of  covenant  in  lease  to  pay 
taxes  and  assessments.  L.R.A.  1915A, 
354. 

As  condition  of  right  to  interest  during  re- 
ceivership on  claims  accruing  prior  to 
appointment  of  receiver.  L.R.A.1917D, 
1168. 

Sufficiency  of  a  demand  as  winner  to  sup- 
port an  action  for  the  demander's  stake 
against  stakeholder  of  funds  to  be  lield 
in  connection  with  an  illegal  trans- 
action.    L.R.A.1918F,  975. 

§   3.   Of  cotenant. 

For  repairs  as  a  condition  of  liability  of  co- 
tenants.     29  L.R.A.  459. 

On  cotenant  for  rents  and  profits.  28  L.R.A. 
850. 


404 


INDEX  TO  L.R.A.  NOTES. 


DEMANI>— amt'd. 

§  4.  Insnrance  matters. 

For  paid-up  policy.     15  L.R.A.  449. 
For 


DENIALS. 


»,-.«..»,  t,v,..v^.    ^ -.  ,  In  pleading,  see  Pleading,  §§  3,  38. 

assessment  on  members  of  mutual  ^^^  I  Efifect  of  denial  under  oath  to  purge  one  of 
insurance  company.     32  L.R.A.  502.        ,  criminal     contempt.       9     L.R.A.  (N.S.) 

.«iAnA«T   f\f   AamanA    iVinf.    iTiQiirpn    Aiibmit  11 IQ.   T   R  A  1Q17V    (\^A 


Sufficiency  of  demand  that  insured  submit 
to  examination.    52  L.R.A.  425. 

I  5.  Corporate  matters. 

By  stockholder  for  inspection  of  corporate 
books.     20  L.R.A. (N.S.)    199. 

When  demand  on  stockholder  for  unpaid 
balance  of  stock  subscription  should  be 
made.     1  L.R.A. (N.S.)   915. 

§   6.  Criminal  matters. 

Necessity  of,  before  entering  dwelling  to 
make  arrest.    16  L.R.A.  502. 

Mere  demand  that  accused  produce  incriin- 
inating  document  as  violation  of  his 
privilege.      35    L.R.A. (N.S.)     1171. 

Failure  to  demand  trial  as  waiver  of  right 
to  speedy  trial  in  criminal  case.  56 
L.R-A.  538;  44  L.R.A.(N.S.)   871. 


DEMAND  NOTES. 

Maturity  of,  see  Bills  and  Notes,  §  55. 


DEMENTIA. 


As  affecting  testamentary  capacity.    L.R.A. 
1916A,  458. 


DE  MINIMUS. 

Power  of  courts  to  decline  jurisdiction  of 
suit  because  of  insignficance  of  amount 
involved.    6  B.  R.  C.  342. 


^•» 


DEMONSTRATIVE  EVIDENCE. 

See  Evidence,  VI. 

^«» 
DEMONSTRATIVE  LEGACIES. 

See  Wills,  §§  122,  127,  128. 


DEMURRAGE. 


In  general,  see  Cabbiers,  §  141. 
Provision  as  to,  in  charter  party  see  Ship- 
ping, §  18. 


DEMURRER. 


DENTAL   EXAMINERS. 

Character  and  extent  of  relief  by  mandamua 
against  board  of.     7  L.R.A. (N.S.)   528. 


DENTISTS. 


Judicial  review  of  action  in  respect  to  li- 
censes.    20  L.R.A.  355. 

Validity  of  restrictive  agreement,  ancillary 
to  sal*?  of  practice  as  affected  by  terri- 
torial scope.  24  L.R.A.  (N.S.)  927; 
L.R.A.1916C,  630. 

Validity  of  contract  restraining  practice  of 
profession  after  expiration  of  term  of 
service  with  another.  26  L.R.A. (N.S.) 
961. 

Instigating  illegal  practice  as  a  defense  to 
prosecution,     30  L.R.A.(N.S.)    954. 

Determining  character  or  standing  of  dental 
college  for  purpose  of  license  statutes. 
22  L.R.A.(N.S.)  735. 

Right  of  unlicensed  dentist  to  recover  for 
services  rendered  bv  licensed  one.  2 
L.R.A.(N.S.)   392. 

Practice  without  license  as  a  continuing  of- 
fense.    42  L.R.A.(N.S.)    768. 

Validity  of  statute  or  reprulations  affecting 
right  to  practise  dentistry  of  one  who 
has  practised  in  another  state.  L.R.A. 
1915D,  538. 


DENUNCIATION. 

Of  adverse  litigant  by  counsel  in  argu- 
ment to  jury  as  ground  for  reversal. 
L.R.A.1918D,  87. 

Of  defendant  by  prosecuting  attorney  in  ar- 
gument as  ground  for  reversal.  46 
L.R.A.  652. 

^-^ 


DEPARTMENTAL  CONTROL. 

Relation  of  employees  in  charge  of  depart- 
ments to  their  subordinates.  51  L.R.A. 
572. 

«-•-♦ 

DEPARTMENT  MANAGER. 

Authority  of,  to  contract  for  services  of 
other  persons.    L.R.A.1918F,  50. 


♦  •» 


DEPARTMENTS. 


Relations  between   departments   of   govern- 
ment, see  Constitutional  Law,  §§  11- 
In  general,  see  Pleading,  §  41.  20;  Courts,  §§  14-18. 

Bcffin  with  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


405 


IDEPARTMENTS— cont'd. 

Power  of  courts  to  enforce  ministerial  du- 
ties of  heads  of  departments.  52  L.R.A. 
(N.S.)   415. 


DEPARTMENT  STORES. 

"Constitutionality  of  statutes  as  to,  see  Con- 
stitutional. Law,  67. 

Legal  restrictions  on.     48  L.R.A.  261. 

Persons  conducting  departments  as  inde- 
pendent contractors.     65  L.R.A.  470. 

Duty  of  storekeeper  toward  customer  as  to 
condition  of  premises.  21  L.R.A. (N.S.) 
466;  L.R.A.1915F,  572. 


DEPARTURE. 

In  pleading,  see  Pleading,  §  40. 


DEPENDENTS. 


Who  are  within  provisions  of  benefit  certifi- 
cates, see  Insurance,  §  33, 

Who  are,  within  meaning  of  workman's 
compensation  act.  L.R.A.1916A,  121, 
248;  L.R.A.1917D,  157;  L.R.A.1918F, 
488. 


DEPENDENT  AGREEMENT. 

As  defense  to  promissory  note.     43  L.R.A. 
467. 


DEPORTATION. 

■See  Aliens,  §  3. 


DEPOSIT. 


In  bank,  see  Banks,  §§  9-30. 

By  bidder  for  public  contract.     26  L.R.A. 

709. 
Deposit  by  insurance  company  as  subject  of 

taxation.      36   L.R.A.(N.S.)    226. 


DEPOSITARY. 


Power  of  public  officers  to  make  contract 
as  to,  for  a  term  of  years,  or  so  as  to 
bind  their  successors.     16   L.R.A.   257. 

How  far  pledge  is  effectual  when  pledgeor's 
agent  is  made  depositary.  25  L.R.A. 
577. 

Liability  of  public  officers  for  loss  of  funds 
by  failure  of  bank  designated  as  de- 
pository.    36  L.R.A. (N.S.)    289. 

■Consult  also  L.R.A.  Digests  of  Cases. 


DEPOSITARY— cont'd. 

Liability  of  sureties  on  bond  of  bank  as  de- 
pository of  public  funds  as  affected  by 
acquiescence  or  connivance  of  public  of- 
ficials in  misuse  of  the  funds.  26 
L.R.A. (N.S.)   865. 


DEPOSITION. 


§    1.  Generally. 

Power  of  consul  to  take  depositions.  45 
L.R.A.  499. 

Of   subscribing  witness.     35   L.R.A.   340. 

Privilege  as  to  statements  in.  22  L.R.A. 
837. 

Power  of  magistrate  to  punish  for  refusal 
to  give  testimony  under  commission  to 
take.     1  L.R.A.  (N.S.)   1142. 

Waiver  by  cross-examination  of  objection  to 
competency  of  witness  whose  testimony 
is  taken  by  deposition.  33  L.R.A. (N.S.) 
107. 

Necessity  of  procuring  depositions  of  at- 
testing witnesses  to  will  who  are  be- 
yond the  jurisdiction  of  the  court.  47 
L.R.A. (N.S.)   722. 

Use  of  depositions  not  put  in  evidence  in 
argument  of  counsel  to  jury.  L.R.A. 
1918D,  71. 

§  2.  Jurisdiction  of  equity  to  entertain 
bill  to  perpetuate  testimony. 

General  nature  of  the  remedy.  25  L.R.A. 
(N.S.)    673. 

Impossibility  of  immediate  judicial  inves- 
tigation.    25   L.R.A.(N.S.)    675. 

Necessity  for  the  preservation  of  the  testi- 
mony.    25  L.R.A. (N.S.)    677. 

Necessity  and  extent  of  parties'  interest  in 
the  subject-matter.  25  L.R.A. (N.S.) 
677. 

Character  of  the  subject-matter  of  the  tes- 
timony.    25   L.R.A.(N.S.)    678. 

Procedure,  pleadings.  25  L.R.A.  (N.S.) 
679. 

§  3.  Use  of  as  evidence. 
See  Evidence,  §  134. 

♦  *» 


DEPOSITORY. 

See  Depositabt. 

4  *  » 


DEPOSIT  TICKET. 


By  bank.     17  L.R.A.  580. 

As  contracts  within  the  rule  against  parol 
evidence  to  vary  or  contradict  writte» 
contracts.    L.R.A.1918B,  298. 


DEPOT. 

Duty  of  carrier  to  passenger  in  relation  to, 
see  Cabbiebs,  §§  45,  46,  48,  70,.  71,  94. 


406 


INDEX  TO  L.R.A.  NOTES. 


DEPOT— cont'd. 

Governmental    regulations    concerning,    see 

Carriers,  §§  161,  162. 
Contracts  in  relation  to,  see  Railroads,  § 

27. 
Right  to  use  railroad  right  of  way  for,  as 

against  owner  of  fee.    36  L.R.A.  (N.S.) 

516.  .     . 

Supervising  employees  in,  as  vice  principals. 

51   L.R.A.  G.vi,  581. 
Work  in,  as  railroad  hazard  within  statuti 

changing  fellow  servant  rule.    18  L.RwA.. 

(N.S.)   482. 


DEPOT  COMPANY. 

Exercise  of  power  of  eminent  domain  by. 
10L.R.A.(N.S.)  909, 

Liability  of  railway  company  for  injury  to 
its  servants  by  negligence  of  union  de- 
pot employees.     13  L.R.A.(N.S.)    1196. 


DEPOT  GROUNDS. 

What  are,  within  meaning   of  fence  laws. 
7  L.R.A.(N.S.)  203. 


DEPRECIATION. 


Implied   warranty   against  depreciation   oi 

property  bought.     22  L.R.A.  193. 
Treatment  of  depreciation  in  valuation  of 

public     service     property.     38     L.R.A. 

(N.S.)      1209;     52     L.R.A.(N.S.)      18; 

L.R.A.1916F,  761. 
Right  to  damages  for,  in  action  on  replevin 

bond.    30  L.R.A.(N.S.)   371. 


DEPUTY. 

§   1.  Generally. 

Of  municipal  officer,  see  MUNioiPAl.  CoBPO- 
EATIONS,   §   114. 

Certification  of  copies  of  records  by,  for  use 
in  other  state.     5  L.RJ^.(N.S.)   957. 

Condition  against  taking  effect  of  bond  of, 
until  signed  by  others.     45  L.R.A.  336. 

Effect  against  surety  on  bond  of  deputy, 
of  judgment  against  him.  52  L.R.A. 
184. 

Implied  power  of  municipality  to  create  of- 
fice of  deputy  or  assistant  to  incumbent 
of  an  office  expressly  authorized.  26 
L.R.A.(N.S.)  660. 

Provision  for  compensation  of  additional 
deputy  or  assistant  as  violation  of  con- 
stitutional inhibition  of  increase  of  of- 
ficer's salary  during  term.  L.R.A.1918C, 
561. 

Change  of  salary  of  deputy  as  violation  of 
constitutional  provision  against  change 
of  salary  of  public  officer  during  term 
of  office.     37  L.R.A. (N.S.)    388. 

Begin  rcith  this  hooTc  on  every  law  question. 


DEPUTY — cont'd. 

Master's  liability  to  servant  for  injury  due 
to  negligence  of  deputy  superintend- 
ents.    58  L.R.A.  40. 

Improper  influence  or  interference  with 
grand  jury  by.     28  L.R.A.  370. 

Liability  for  act  of  deputy  in  improperly 
issuing  marriage  license  or  performing 
marriage  ceremony.     L.R.A. 1917E,  872. 

§  2.  Deputy  sheriffs,  marshals,  con- 
stables, etc. 

Provision  for  compensation  of  additional 
deputy  or  assistant  as  violation  of  con- 
stitutional inhibition  of  increase  of  of- 
ficer's salary  during  term.  L.R.A.1918C, 
56L 

Right  of  sheriff  or  constable  to  appoint 
nonresident  deputy.     L.R.A.1916B,  900. 

Deputy  marshals  and  sheriffs  as  public  of- 
ficers.    17  L.R.A.  245. 

In  whose  name  acts  by  deputy  sheriff  should 
be  performed.  19  L.R.A.  177;  42  L.R.A. 
(N.S.)   877. 

Right  of  deputy  sheriffs  to  make  bids  on 
sales  conducted  by  them.  20  L.R.A. 
505. 

Execution  of  bond  of  deputy  sheriff  on  con- 
dition that  others  shall  sign.  45  L.R.A. 
336. 

Principal's  liability  for  homicide  by  deputy. 
67  L.R.A.  312. 

Liability  of  sureties  on  bond  of  peace  officer 
for  death  of  person  due  to  act  or  de- 
fault of  one  of  his  deputies.  11  L.R.A. 
(N.S.)   758. 

Liability  of  sheriff,  marshal,  or  constable 
for  his  deputy's  tort  in  making  arrest. 
12  L.R.A.(N.S.)  1019;  L.R.A.1915E, 
172. 

§   3.  Deputy  collector. 

Power  of  deputy  collector  to  affix  omitted 
stamp  on  instrument.     48  L.R.A.  316. 

^   4.  Woman  as. 

Right  of  woman  to  be.     38  L.R.A.  210. 
Competency   as   deputy    clerks.     13   L.R.A. 
721;    27   L.R.A.(N.S.)    532. 

§  5.  In  whose  name  acts  by  deputy 
officers  to  be  performed. 

See  Officers,  §  30. 


DERAIIjMENT. 


Injury  to  passenger  by,  see  Caebiebs,  §  50. 

Liability  for  injury  to  person  other  than 
passenger  or  employee  by  derailment  of 
street  car.     L.R.A.1917I),  815. 

Applicability  of  res  ipsa  loquitur  in  case  of 
injury  to  servant  by  derailment  of  roll- 
ing stock.     L.R.A.1917E,  212. 

Homicide  by.     63  L.R.A.  378. 

Leaving  switch  unlocked  as  proximate  cause 
of  derailment  of  train  resulting  from 
throwing  of  switch  by  stranger.  11 
L.R.A.(N.S.)   738. 

Proof  of  corpus  delicti  in  prosecution  for. 
68  L.R.A.  72. 


INDEX  TO  L.R.A.  NOTES. 


407 


DERELICT. 


Ownership  of.    18  L.R.A.  695. 


DERMATOIiOGY. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A.(N.S,)  762; 
24  L.R.A.(N.S.)  103;  25  L,R.A.(N.S.) 
1297. 


DERRICKS. 


Injury  to  trainman  by  derrick  over  track. 
47  L.R.A.(N.S.)  498. 


DESCENT  AND  DISTRIBUTION. 

I.  In  general,  §  1. 
II.  Right  to  inherit,   §§  2-8. 

III.  Property  subject  to,  §  9. 

IV.  Nature  and  incidents  of  interest  of 

heir  or  distributee,  §§  10-13. 

I.  In  general, 

§    1.  Generally. 

Advancement  to  children,  see  Advancement. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  34. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  69. 

Conversion  of  realty  into  personalty  and 
vice  versa,  see  Equitable  Conversion; 
Wills,  §§  116-118. 

As  to  distribution  of  decedent's  estate  gen- 
erally, see  Executors  and  Adminis- 
trators, §§  47-49. 

As  to  inheritance  taxes,  see  Taxes,  VI. 

As  to  devise  or  bequest  of  property,  see 
Wills,  V. 

Disinheriting  heir,  see  Wills,  §  68. 

Disqualification  of  witness  by  interest  in 
controversy  over  estate,  see  Witnesses, 
§  23. 

Effect  of  conveyance  and  reconveyance  of 
estate  acquired  by  inheritance  upon  its 
course  of  descent.  39  L.R.A.(N.S.) 
955. 

Right  to  probate  will  after  distribution  of 
property  as  intestate.  36  L.R.A.  (N.S.) 
89. 

Federal  courts  following  state  decisions  as 
to  construction  of  local  statute  of  de- 
scent and  distribution.  40  L.R.A.  (N.S.) 
429. 

Transfer  of  reversion  of  leased  premises  by 
devolution  upon  landlord's  deatli. 
L.R.A.1915C,  206. 

Consult  also  L.R.A.  Digests  of  Cases. 


DESCENT  AND  DISTRIBUTION— cont'd. 
II.  Right  to   inherit. 

§   2.  Generally. 

Rights    as    to   homestead,    see   Homestead, 

§§  17-20. 
Rights  of  child  in  parents'  homestead,  see 

Homestead,  §§  19,  20. 

Devolution  of  interests  of  respective  parties 
to  option.     L.R.A.1917D,  719. 

Descent  of  ancestral  estates.     L.R.A.1916C, 
902. 

Who  are  next  of  kin.     15  L.R.A.  300. 

Within    meaning"  of   insurance    policy. 
30  L.R.A.  593. 

Father  as  sole  next  of  kin  of  unmarried 
child,  to  exclusion  of  mother.  1  B.  R. 
C.  566. 

Right  to  rents  on  lease  of  intestate's  prop- 
erty.    40   L.R.A.   321. 

Rights  of  heirs  in  partnership  real  estate. 
27  L.R.A.  348. 

Admissibility  of  declarations  of  relative  of 
claimant  upon  issue  of  his  relationsliip 
or  heirship  to  decedent.  36  L.R.A. (N.S.) 
530;   L.R.A.1915D,  215. 

Is  the  right  to  take  property  by  inheritance 
a  natural  or  statutory  right.  9  L.R.A. 
(N.S.)    12L 

Are  the  "heirs"  who  take  under  a  possibili- 
ty of  reverter  determined  as  of  the  time 
of  the  ancestor's  death,  or  as  of  the 
time  of  the  termination  of  the  fee.  18 
L.R.A.(N.S.)   624. 

Right  of  persons  claiming  through  deceased 
relative  to  participate  with  those  stand- 
ing in  equal  degree  of  relationship  with 
such  relative,  in  provision  for  "next  of 
kin"   etc.     28  L.R.A. (N.S.)    479. 

§   3.  Among  kindred  of  half  blood. 

In  general.    29  L.R.A.  541;  26  L.R.A. (N.S.) 

603. 
Relatives  of  half  blood  as  next  of  kin.     15 

L.R.A.  301. 
The  common-law  doctrine.     29  L.R.A.  541. 
In  the  United  States.    29  L.R.A.  542. 
Meaning  of  the  words.     29  L.R.A.  542. 
No  distinction  between  the  whole  and  half 

blood.     29  L.R.A.  546. 
In  the  case  of  ancestral  estates.    29  L.R.A. 

552. 
When  the  statute  not  express.     29  L.R.A. 

561. 
Cases  wherein  the  whole  blood  is  preferred. 

29  L.R.A.  561. 
When  half  blood  preferred  to  remoter  rela- 
tive of  the  whole  blood.    29  L.R.A.  564. 
When  half   blood   take   half   portions.     29 

L.R.A.  565. 
Shifting  descents.     29  L.R.A.  566. 
Equitable  conversion.     29  L.R.A.  567. 
Descent  of  ancestral  estate  to  heirs  of  the 

half  blood.    L.R.A.1916C.  923.  929. 

§   4.  By,  through,  or  from,  alien. 

Alien's  right  to  inherit.     31  L.R.A.  177. 
Effect   of  state   Constitutions  and   statutes 

upon  inheritance  by  or  from  an  alien. 

31  L.R.A.  85. 


408 


INDEX  TO  L.R.A.  NOTES. 


AND    DISTRIBUTION,    II.— 


an  alien's  right  to 
177;     L.R.A.1915E, 


DESCENT 

cont'd. 
Effect  of  treaties  upon 

inherit.     32  L.R.A. 

827. 
Effect  of   state  statutes   and   Constitutions 
upon  inheritance  through  an  alien. 
31   L.R.A.   146. 
Tracing  descent  through  alien.     37  L.RJL. 

(N.S.)   108. 

§   5.  By,  through,  or  from,  illegitimate. 

On  the  part  of  the  mother.     23  L.R.A.  753. 

Marriages  null.     23  L.R.A.  753. 

Legalizing  illegitimate  by  statute  and  recog- 
nition.   23  L.R.A.  754. 

Inheritance  by  illegitimate  from  his  mother. 
23  L.R.A.  754. 

Inheritance  by  illegitimate  under  will.  23 
L.R.A.  754. 

Inheritance  by  illegitimates  from  brothers 
and  sisters.     23  L.R.A.  755. 

Inheritance  by  illegitimates  through  mother 
or  father.     23  L.R.A.  756. 

Inheritance  by  brothers  and  sisters  of  moth- 
er or  father  of  illegitimate.  23  L.R.A. 
756. 

Inheritance  by  mother  from  an  illegitimate 
child.    23  L.R.A.  757. 

Inheritance  through  illegitimate.  23  L.RA. 
757. 

Inheritance  by  widow  or  husband  of  illegiti- 
mate.   23  L.R.A.  757. 

Inheritance  by  legitimate  cliildren  from  il- 
legitimate children  of  the  same  mother. 
23  L.R.A.  758. 

Illegitimates  as  next  of  kin.    15  L.R.A,  301. 

Conflict  of  laws  as  to  legitimacy  of  distribu- 
tee.   65  L.R.A.  178. 

Rights  of  lineal  descendents  of  illegitimate 
to  inherit  through  him.  27  L.R.A. 
(N.S.)   220. 

Right  to  disinherit  illegitimate  or  legiti- 
mated child.     L.R-A.1918A,  45. 

§   6.  Effect  of  adoption. 

Descent    and    distribution    of    property    of 

adopted  child.    43  L.R.A.(N.S.)  1056. 
Right    of    adopting    parent    to    disinherit 

adopted  child.     L.R.A.1916D,  424. 
Inheritance  by  or  from  adopted  child.     17 

L.R.A.  435. 
Right  of  adopted  child  to  inherit  property 
from  a  relative  of  its  adoptive  parent. 
17  L.R.A.  435;  8  L.R.A.  (N.S.)   117;  33 
L.R.A.{N.S.)   139. 
Right  of   child   adopted   in  other  state   to 
take  under  local  statute  of  descent  or 
distribution.     21   L.R.A.(N.S.)   679;  25 
L.R.A.(N.S.)  1285;  L.R.A.1916A,  666. 
Power  to  give  child  under  existing  adoption 
right  to  inherit  from  parent  or  parent's 
relatives.     35  L.R.A. (N.S.)    216. 
Do  terms  "child,"  "children,"  "issue,"  etc., 
in  statutes  governing  distribution 
of  decedent's  estate  include  adopt- 
ed children.     30  L.R.A.(N.S.)   914; 
L.R.A.1918F,  1082. 

§   7.  Rights  of  husband  and  wife. 

Statutory  allowance  of  widow,  see  Execu- 
tors AND  Administrators,  §§  5.5,  55a. 
Rights  in  homestead,  see  Homestead,  §  18. 
Begin  tvUh  this  hook  on  every  law  rmestion. 


DESCENT  AND  DISTRIBUTION,  II.— 
cont'd. 

Effect  upon  right  to  inherit,  of  marriage 
witli  an  alien  and  residing  abroad.  31 
L.R.A.  182. 

Wife  as  next  of  kin  of  husband.  15  L.R.A. 
303. 

Husband  as  next  of  kin  of  wife.  15  L.R.A. 
303. 

Inheritance  by  widow  or  husband  of  illegiti- 
mate.    23  L.R.A.  757. 

Alimony  as  wife's  distributive  share.  2 
L.R.A.(N.S.)   239. 

Gift  to  one  spouse  by  parent  of  the  other 
as  an  advancement.  26  L.R.A. (N.S.) 
1050. 

Widow's  riglit  to  proceeds  of  insurance  on 
deceased  husband's  life,  payable  to  him- 
self or  his  executors  or  administrators. 
35  L.R.A. (N.S.)  964. 

Widow  as  heir.  30  L.R.A.  595;  L.R.A.1918A, 
1108. 

Effect  of  statute  jnaking  wife  an  heir  of 
husband  upon  rule  that  marriage  alone, 
without  birth  of  issue,  does  not  revoke 
a  man's  will,    25  L.R.A. (N.S.)  182. 

Effect  of  statute  making  husband  an  heir 
of  wife  on  rule  that  marriage  alone 
without  birth  of  issue  will  not  revoke 
a  woman's  will.    34  L.R.A. (N.S.)  1021. 

Garnishment  of  husband's  interest  in  wife's 
legacy  or  distributive  share.  47  L.R.A. 
360. 

Effect  of  terms  "child,"  "children,"  "issue," 
etc.,  in  statutes  governing  distribution 
of  decedent's  estate  on  right  of  surviv- 
ing widow.  30  L.R.A.(N.S.)  915; 
L.R.A.1918F,  1082. 

Time  as  of  which  valuation  of  decedent's 
estate  is  to  be  taken  for  assignment  of 
share  of  surviving  spouse.  3  B.  R.  C. 
973. 

Applicability  of  disqualification  statute  to 
testimony  of  alleged  spouse  to  establish 
marriage  in  order  to  succeed  to  share 
of  the  decedent's  propertv.  51  L.R.A. 
(N.S.)    183. 

Applicability  of  rule  excluding  testimony  of 
interested  person  in  controversy  witlh 
decedent's  estate  to  widow  of  decedent 
in  controversy  over  succession.  51 
L.R.A.(N.S.)   221 

§   8.  Descent  to  murderer. 
Homicide  as  affecting  devolution  of  prop- 
erty.      3     L.R.A.(N.S.)      726;     39 
L.R.A.(N.S.)     1088;    L.R.A.1915C, 
328. 
Right  of  one  convicted  of  homicide  to  take 
under  will  of  victim.     7  B.  R.  C.  991. 
Exception  in  case  of  transfer  under  positive 
statutory  provisions.     33  L.R.A. (N.S.) 
729. 
Effect  on  right  to  probate  will  of  fact  that 
legatee    is    murderer    of    testator.      34 
L.R.A.(N.S.)   967. 

III.  Property  subject  to. 

§   9.  Generally. 

Descent  of  rights  in  homestead,  see  Home- 
stead, §§  17-20. 

Heating  apparatus  as  part  of  realty  where 
rights  of  heir  are  involved.  1  B.  R.  C. 
982. 


INDEX  TO  L.R.A.  NOTES. 


409 


DESCENT  AND  DISTRIBUTION,  III.— 
cont'd. 

Descent  of  unpatented  mining  claim.  4 
L.R.A.(N.S.)    919. 

Is  surplus  realized  on  foreclosure  sale  of 
real  estate  after  mortgagor's  death  to 
be  deemed  real  or  personal  property. 
19  L.R.A.(N.S.)   723. 

Does  the  grantor's  right  to  rescind  for 
breach  of  condition  as  to  support  de- 
scend to  his  heirs  or  representatives. 
23  L.R.A.(N.S.)   232. 

Devolution  of  vendee's  interest  under  con- 
tract for  the  purchase  of  real  prop- 
erty.    42  L.R.A.(N.S.)   446. 

IV.  Nature  and  incidents  of  interest  of 
heir  or  distributee. 

§    10.  Generally. 

Sale  of  expectancy  by  prospective  heir,  see 
Expectancy. 

Remedy  of  distributee  as  to  accounting  of 
which  he  had  no  notice  and  on  which 
he  did  not  appear.     63  L.R.A.  95. 

Right  to  have  judgment  against  decedent  set 
aside.    54' L.R.A.  761. 

Right  of  next  of  kin  to  maintain  action  in 
interest  of  estate.  22  L.R.A.  (N.S.) 
454. 

Convevance  by  heirs  of  land  held  adversely. 
35  L.R.A.(N.S.)   748. 

Riglit  of  one  claiming  through  heir  of  devi- 
see to  protection  against  unrecorded 
conveyance  by  ancestor  or  his  personal 
representative.     34  L.R.A. (N.S.)  328. 

Right  of  devisee  or  heir  to  completion  of 
improvements  at  the  expense  of  the 
estate.     36  L.R.A. (N.S.)    303. 

Indebtedness  of  heir  to  estate  as  set-ofT 
against  distributive  share  of  proceeds 
of  real  estate.     4  L.R.A. (N.S.)   189. 

Right  of  devisee  of  encumbered  property  to 
exoneration  at  expense  of  legatee.  3 
L.R.A. (N.S.)   898. 

Deduction  of  indebtedness  owing  to  remote 
ancestor  by  predeceased  immediate 
ancestors.    47  L.R.A.(N.S.)  1026. 

§  11.  Impressing  share  of  heir  with 
tru«t. 

Impressing  share  of  heir,  devisee  or  legatee 
with  constructive  trust  because  of  his 
fraud  in  frustrating  decedent's  inten- 
tion to  give  the  property  to  a  third 
person.  8  L.R.A. (N.S.)  698;  31  L.R.A. 
(N.S.)    176. 

May  a  constructive  trust  be  based  upon  an 
undertaking  to  hold,  for  the  benefit  of 
another,  property  received  through  de- 
vise or  inheritance,  where  no  actual  tes- 
tamentarv  intention  has  been  frustrat- 
ed. 33  L.R.A.(N,S.)  996;  L.R.A.1918F, 
1045. 

§  12.  Liability  of  heirs  for  obligations 
of  anv;estor. 

Generally.     21  L.R.A.  89. 

Liability  on  covenant  or  specialty  debt.    21 

L.R.A.  90. 
Remedy  in  equity.     21  L.R.A.  91. 
Remedy    against    heirs    where     estate     has 

boon   distributed   before  claim   accrued. 

L.R.A. 1916A,  1185. 
Consult  also  L.R.A.  Digests  of  Cases. 


DESCENT    AND    DISTRIBUTION,    IV.— 

cont'd. 
Conditions  of  suits  against  heirs.    21  L.R.A. 

92. 
Pleading  and  proof.     21  L.R.A.  92. 
Parties.     21  L.R.A.  93. 
Judgment.     21  L.R.A.  94. 
In  Louisiana.     21  L.R.A.  94. 
Levy  on  interest  of  heir  in  ancestor's  land. 

23  L.R.A.  643. 
Liability    of    heirs    of    devisee    for    legacy 

charged    on    devise.      30    L.R.A. (N.S.) 

818. 
Upon  whom  does  the  liability  of  an  heir  or 
devisee  for  his  decedent's  debts  de- 
volve at  his  own  death.     39  L.R.A. 
(N.S.)   689. 

§    13.  —  garnisliment  of  interest. 

Garnishment  of  husband's  interest  in  wife's 
legacy  or  distributive  share.  47  L.R.A. 
360. 

Garnisliment  of  distributive  shares  before^ 
settlement.    59  L.R.A.  387. 


DESCRIPTION. 


§    1.  Generally. 

Of  offense  in  bail  bond,  see  Bail  and  Recog- 
nizance, §  5. 

In  indictmeht,  see  Indictment,  etc.,  §  6. 

Of  beneficiaries  in  will,  see  Wills,  V.  f. 

Of  parties  in  process,  see  Wbit  and  Pbocess, 
§§  5,  6. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance.  38 
L.R.A. (N.S.)  309. 

Particularity  required  in  description  of  doc- 
uments in  subpoena  duces  tecum.  31 
L.R.A.(N.S.)  835. 

Right  of  witness  to  express  opinion  in  de- 
scribing persons  and  objects.  L.R.A. 
1918A,  668. 

§   2.  Of  parties. 

In  deed,  see  Deeds,  §  18. 
Mistake  in  name  in  writ  or  process,  see  Wbit 
and  Pkocess,  §§  5,  6. 

Of  parties  in  writ  of  error  or  appeal  to  Fed- 
eral Supreme  Court.  66  L.R.A.  839, 
843. 

§  3.  Of  property. 

Of  mortgaged  chattels,  see  Chattel  Mobt- 

gage,  §  7. 
In  deed,  see  Deeds,  §  20. 
In  mortgage  on  land,  see  Mortgage,  §  19. 
Of    property    devised    or    bequeathed,    see 

Wills,  §§  66,  67. 
Correction   of  mistake  as   to,    in  will,   see 

Wills,  §  67. 
Parol    evidence    to    correct    description    of 

land,  see  Evidence,  §  178. 
Implied  warranty  of  quality  in  sales  by,  see 

Sales,  §  35. 

Warranty  on  sale  of  goods  by  sample  and  de- 
scription.   70  L.R.A.  663. 

Effect  of  sale  with  description  of  particular 
kind  or  quality.     35  L.R.A.(N.S.)   258v 


410 


INDEX  TO  L.R.A.  NOTES. 


DESCRIPTION— cont'd. 

§  4.  —of  land. 

SuflBciency  of,  to  satisfy  statute  of  frauds, 
see  CoNTBACTS,  §  51. 

Erroneous  description  of  property  in  convey- 
ance as  affecting  marketability  of  title. 
38  L.R.A.(X.S.)   22. 

Lapse  of  time  as  curing  defective  or  errone- 
ous description. of  proportv  cpnveyed. 
38  L.R.A.(N.S.)    33. 

Mistake  in  description  of  property  as  af- 
fecting record  of  instrument  relating 
to  real  property.     L.R.A.1916A,  530. 

Effect  of  misdescription  of  land  registered 
under  the  Torrens  Law.  L.R,A.1916D, 
76. 

Tax  deed  as  color  of  title  where  description 
of  land  is  indefinite.  11  L.R.A.(N.S.) 
772. 

Of  mining  claim.    7  L.R,A.(N.S.)  836. 

Sufficiency  of,  to  pass  title  to  thread  of 
stream.    42  L.R.A.  505. 


DESCRIPTIVE  WORD. 

As  trademark,  see  Tbademabk,  §§  2,  2a. 
As  tradename,  see  Tbadename,  §  2. 


DESECRATION. 


Statutes    against    desecration    of    flag.      7 
L.R.A.{N.S.)  1079. 


DESERTION. 


Of  husband  or  wife,  see  Divorce  and  Sep- 
ABATioN,  §  24;  Husband  and  Wife,  8S 
70,  71. 

See  also  Abandonment. 

Right  of  minor  unlav/uUy  enlisted  in  Army 
or  Navy  to  discharge  on  habeas  corpus 
from  custodv  of  court-martial  under 
charge  of.  18  L.R,A.(N.S.)  956;  L.R.A. 
191 7D,  1059. 

Jurisdiction  of  consul  over  deserting  sea- 
men.    45  L.R.A.  486. 

Prosecutions  under  the  Espionage  Act  of 
June  15,  1917,  for  encouraging.  L.R,A 
1918P,  410. 


DESIGN. 

Right  to  protection  against  use  by  rival  of 
similar  design  not  protected  by  patent. 
19  L.RJ^.(N.S.)  269;  37  L.RA.(N.S.) 
259. 


DESK. 


DE  SON  TORT. 

Allowance  to  executor  de  son  tort  for  dis- 
bursements.    L.R.A.1915D,  948. 


DESTINATION. 


Altering  destination  during  shipment  as 
affecting  interstate  character.  L.R.A. 
1916E,  '533. 


DESTRUCTION. 


What  passes  under  bequest  of  contenta  of. 

L.R.A.iniSC,  n.>7.  660. 
Begin  with  thin  hooJc  on  every  law  question 


§   1.  Generally. 

Of  deeds,  see  Deeds,  §  33. 
Presumption    against    one    destroying    evi- 
dence, see  Evidence,  §  56. 

Of  political  party  by  primary  election  laws. 

22  L.RA.(N.S.)     1137;     L.R.A.1917A, 
260. 

Effect  of  destruction  of  registry  lists.     28 

L.R.A.  (N.S.)  989. 
Of  record  of  deed  or  mortgage  as  affecting 

constructive    notice    imparted    thereby. 

23  L.R.A. (N.S.)    1180. 

Right  to  destroy  wharf  rights  in  navigable 
waters  for  public  purpose  without  com- 
pensation.    34  L.R.A.{N.S.)    423. 

§   2.  Of  property. 

Measure  of  damages  for  destruction  of  prop- 
erty, see  Damages,  §§  68,  74,  75. 

Of  property  in  possession  of  bailee,  see  Bail- 
ment, §§  5-10. 

Of  buildings,  see  Buildings,  §§  6,  8. 

Effect  of,  on  building  or  construction  con- 
tract, see  Contracts,   §   135. 

Measure  of  damages  for  destruction  of  prop- 
erty, see  Damages,  §§  74,  75. 

Of  intoxicating  liquor,  see  Intoxicating 
Liquors,  §  34. 

By  mob,  see  Mobs  and  Riotb. 

Municipal  liability  for  destruction  of  prop- 
erty, see  Municipal  Corporations,  §§ 
74,  75. 

Right  to  compensation  for  property  de- 
stroyed in  abating  nuisance,  see  Nui- 
sances, §  23. 

Of  party  wall,  see  Party  Wall,  §  3. 

Of  patent,  see  Patents,  §  2. 

Of  cargo  of  vessel,  see  Shipping,  §  3. 

Liability  for  rents  after  destruction  of  prem. 
ises,  see  Landlord  and  Tenant,  §  84. 

Of  property  sold  before  ascertainment  of 
price,  see  Sales,  §  12a. 

Liability  of  water  company  for  destruction 
of  property  by  fire,  see  Waters,  §  119. 

Loss  of  property  generally,  see  Loss. 

Destruction  of  building  as  terminating  ease- 
ment therein  other  than  that  of  sup- 
port.    L.R.A.1918D,  413. 

Destruction  of  milk  below  legal  standard. 
L.R.A.1917C,  247. 

Innkeeper's  liability  for  destruction  of  com- 
mercial traveler's  samples.  35  L.R.A. 
(NS.)  350. 


INDEX  TO  L.R.A.  NOTES. 


411 


DESTRUCTION— cont'd. 

Effect  of  strikes  on  carrier's  liability  for 
destruction  of  property.    35  L.R.A.  623. 

Of  structure  as  a  nuisance.     38  L.R.A.  166. 

Right  to  waive  tort  and  sue  on  implied  con- 
tract where  property  is  negligently  de- 
stroyed.    37  L.R.A. (N.S.)   230. 

Civil  liability  of  insane  person  for.  42 
L.R.A.(N.S.)    84. 

§   3.  —leased  property. 

Rights  and  liabilities  of  tenant  on  destruc- 
tion of  leased  building.    22  L.R.A.  613. 

Liability  of  tenant  for  negligent  destruction 
of  premises  as  affected  by  exception  m 
covenant  for  return  of  premises  in  good 
condition.    L.R.A.1918A,  369. 

Destruction  of  premises  as  affecting  rent 
paid  or  payable  in  advance.  33  L.R.A. 
(N.S.)   540. 

Determination  of  proportional  part  of  rent 
to  be  abated  upon  destruction  of  prem- 
ises.    L.R.A.1916F,  277. 

Effect  of,  on  tenaht's  liability  under  cove- 
nants in  lease  as  to  payment  of  taxes 
and  assessments.     L.R.A.1915A,  348. 

After  execution  of  assignment  of  leasehold 
but  before  possession  of  premises  given 
thereunder.     25  L.R.A. (N.S.)   609. 

§    4.  Of  will. 

Revocation  of  will  by,  see  Wills,  §§  39,  40. 

Evidence  to  establish  destroyed  wills.  38 
L.R.A.  433. 


DETECTING    CRIME. 

Validity  of  contract  for.     42  L.R.A.  (N.S.) 
847. 


DETECTIVE. 


Liability  for  acts  of  servant  employed  as,  see 
Master  and  Servant,  §  22. 

As  public  officer.    36  L.R.A. (N.S.)  881. 

Power  of  municipality  to  employ  private  de- 
tectives.    .32  L.R.A.  (N.S.)   391. 

Admissibility  in  evidence  of  communications 
to.     67  L.R.A.  923. 

Voluntariness  of  confessions  to.  18  L.R.A. 
(N.S.)   853. 

Liability  of  detective  agency  for  acts  of  its 
employees.    L.R.A.1918D,  575. 


DETENTION. 


Measure  of  damages  for  detention  of  person- 
alty, see  Damages,  III.  m. 

Measure  of  damages  for  detention  of  real 
property,  see  Damages,  III.  n. 

Liability  of  officer  for  detention  of  person 
improperly  arrested.  42  L.R.A. (N.S.) 
73;  L.R.A.1915B,  506. 

Consult  also  L.R.A.  Digests  of  Cases. 


DETERMINABIiE  FEE. 

Nature  and  creation.    15  L.R.A.  231. 

Right  of  curtesy  in.     20  L.R.A. (N.S.)    858. 

Right  to  compensation  in  eminent  domain 
of  grantor  in  conveyance  of  determina- 
ble fee.     22  L.R.A.  (N.S.)    1063. 


DETINUE. 


See  Replevin. 


DEVASTAVIT. 


Action  for,  against  administrator  de  "bonis 
nan.    40  L.R.A.  72,  73. 


DEVELOPMENT    WORK. 

Duty  of  lessee  imder  oil  and  gas  lease  aa 
to  development  of  property,  see  Mines, 
IIL  c,  2. 

On  mining  claim,  see  Mines,  §§  16,  25. 


DEVESTITURE  OF  ESTATES. 

Of    persons    not    in    being,    see    Afterbobn 

Children,  §  3. 
Constitutionality    of,    see    Constitutional 

Law,  §  71. 


DEVIATION. 


By  carrier,  see  Carriers,  §  103. 

By  hirer  of  team.    26  L.R.A.  367. 

Effect  of,  on  privilege  of  nonresident  witness 
from  suit.     25  L.R.A.  737. 

Right  of  person  deviating  from  used  part  of 
street  to  recover  for  injury  by  defect  or 
obstruction  therein.  20  L.R.A. (N.S.) 
753. 

Abandonment  or  loss  of  private  way  by  de- 
viation therefrom.  22  L.R.A.  (N.S.) 
883. 

Conditions  occasioned  by  war  as  justifying 
deviation  of  insured  vessel.  6  B.  R.  0. 
19. 


DEVICES. 


Right  of  public  to  benefit  of  devices  made 
by  officer  or  employee.  L.R.A.1917B, 
1183. 


DEVISE. 


'  See  Wills,  V. 


412 


INDEX  TO  L.R.A.  NOTES. 


DEVISEES. 


Ib  general,  see  Wiixs,  V. 

As  real  party  in  interest  by  whom  action 
must  be  brought.    64  L.R.A.  611. 

Assessment  on  decedent's  estate  against.  56 
L.R.A.  645. 

Payment  of  interest  by  devisee  of  property 
covered  by  mortgage,  as  keeping  debt 
alive  against  whole  estate.  2  B.  R.  C. 
293. 

On  whom  does  liability  of  devisee  for  dece- 
dent's debts  devolve  at  his  own  death. 
39  L.R.A.  (N.S.)   689. 

Liability  of  homestead  in  hands  of  devisee 
for  the  debts  of  the  devisor.  L.R.A. 
1918D,  1002. 

Right  to  avoid  sale  of  decedent's  property 
to  executor  or  administrator.  L.R.A. 
1918B,  30. 

Ornamental  articles  as  fixtures  as  between 
legatees,  devisees,  heirs,  personal  repre- 
sentatives and  life  tenants.  6  B.  R.  C. 
162. 


DEVOL.CTIOX  OF  PROPERTY. 

See  Descent  and  Distribution. 


DIAGNOSIS. 


Liability  of  physician  or  surgeon  for  failure 
to  diagnose  fracture  or  dislocation.  28 
LJl.A.(N.S.)   136. 


DIAGRAMS. 


Use  of,  by  counsel  in  arguing  to  jury. 
L.R.A.191SD,  80. 

Admissibility  in  evidence  of  diagram  made 
by  expert  witness  testifying  as  to  hand- 
writing and  typewriting.  L.R.A.1918D, 
645. 


DIARY. 

Admissibility  in  evidence  of  entries  in. 
L.R^.(N.S.)  813. 


51 


DICE. 

Skakn^  dice  for  drinks,  cigars,  or  other 
trivial  stakes  as  gambling  or  gaming. 
L.R.A.1918A,  1068. 


DICTA. 

Conclusiveness  of  prior  decisions  on  appeal 
as  to  effect  of.    34  L.R.A.  344. 


DIET. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A. (N.S.) 
762;  24  L.R.A.  (N.S.)  103;  25  L.R.A. 
(N.S.)    1297. 


DILIGENCE. 


As  to  laches,  see  Estoppel,  §§  18-26;  Lim- 
itation OF   Actions,   §§   6-12. 
As  to  negligence,  see  Negligence. 

Presumption  of,  in  presentation  and  notice 
of  dishonor  of  commercial  paper.  29 
L.R.A.  305. 

What  diligence  required  of  one  to  whom 
false  statement  is  made.    37  L.R.A.  601. 

In  discovery  of  evidence  for  which  bill  of 
review  is  sought.  30  L.R.A.  (N.S.) 
1039. 

In  attempting  to  procure  testimony  a3  con- 
dition of  right  to  continuance  to  pro- 
cure witness  who  is  beyond  the  juris- 
diction.    L.R.A.1918E,  528. 

In  discovering  disqualification  of  juror  as- 
serted as  ground  for  new  triaL  50 
L.R.A.(N.S.)  949. 

♦  «  » 


DIMENSIONS. 

Right  of  witness  to  express  opinion  as  to^ 
L.R.A.1918A,  692. 


DINING  CARS. 

Duty  of  carrier  to  provide  separate  dining 
cars  for  colored  passengers.  L.R.A. 
1918D,  709. 


DIP. 

Right  to  follow  beyond  surface  lines  ©f  mine. 
53  L.R.A.  491. 


DIPLOMA. 


To  physician  or  surgeon,  see  Physician  and- 
Surgeon,  §  11. 

Mandamus  to  compel  issuance  of.    3  L.R.A. 
(N.S.)   1115;  L.R.A.1916B,  616. 


DIPLOMATIC  AND  CONSULAR 
OFFICERS. 

See  Consul. 


DIPLOMATIC  FTJNOTIO::S. 

Power  of  consul  to  exercioe.    45  L.R.A.  497. 


Begin  icith  this  booJc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


41S 


DIRECT    COMMAND. 

Obedieace  of,  by  servant,  see  Master  and 
Seeyant,  §§  4,  70,  117,  126,  127. 


DIRECT  CONVEYANCE. 

By   wife   to   husband,   A'alidity.      31   L.R.A. 
(N.S.)    844. 


DIRECTION. 


Eight  of  witness  to  express  opinion,  as  to. 
L.R.A.1918A,  693. 


DIRECTION  OF  VERDICT. 

See  Tbial,  §§  56-59. 


DIRECTNESS. 

Of  special  verdict.     24  L.R.A.(N.S.)    54. 

♦-•-♦ 

^       DIRECTORS. 

Of  bank,  see  Banks,  §§  6-8a. 
Of  corporation  generally,  see  CoBPOBATiONS, 
VI. 


DIRECTORY. 


Telegraph  company's  duty  as  to  discovering 
unknown  sendee  whose  name  is  in  di- 
rectory.    22  L.R.A.(N.S.)    764. 


♦  •» 


DIRECTORY   STATUTES. 

See  Statutes,  §  24. 

*-—¥ 

DISABILITY. 

§   1.  In  general. 

Persons  under,  see  Aliens;  Guabdian  and 
Ward;  Husband  and  Wife;  Incompe- 
tent Pebsons;  Infants. 

Effect  of,  on  running  of  limitations,  see  Lim- 
itations OF  Actions,  §  47. 

Effect  of  delay  in  probating  will  where  devi- 
sees are  under  disability.  57  L.R.A. 
257. 

Eflfect  of  partition  deed  by  person  under  dis- 
ability.    57  L.R.A.  340. 

Effect  of  disability  of  one  of  makers  of  re- 
plevin bond  which  has  served  its  pur- 
pose.    29  L.R.A.  (N.S.)    752. 

Consult  also  L.R.A.  Digests  of  Cases. 


DISABILITY— cont'd. 

§   2.  Physical  disability. 

Duty  of  carrier  in  case  of,  see  Cabbiebs,  §§ 

39,  40. 
Of  insured,  see  Insurance,  §  178. 
Servant's  right  to  compensation  on  failure 

to  complete  performance  because  of,  see 

Master  and  Servant,  §  26. 

Care  due  to  disabled  person  when  no  con- 
tract relation  exists.     69  L.R.A.  513. 

As  excuse  for  failure  to  give  notice  of  inju- 
ry required  as  a  condition  of  municipal 
liability.     32  L.R.A. (N.S.)    350. 

Employer's  agreement  to  pay  employee  dur- 
ing disability,  or  his  contribution  to  in- 
surance, as  affecting  or  affected  by  re- 
covery against  him  for  personal  in- 
juries.   L.R.A.1917B,  1160. 


DISABLED  PERSONS. 

Carrier's  duty  as  to,  see  Cabbiebs,  §§  39,  40. 


DISAFFIRMANCE. 


Of  antenuptial  contract,  see  Husband  an» 

Wife,  §  58. 
Of  contract  by  infant,  see  Infants,  §§  21- 

23. 

Of  policy  on  infant's  life.    57  L.R.A.  504. 


■♦•» 


DISAGREEING  JURY, 

Coercion  of,  see  Trial,  §  72. 

♦-•-♦ 

DISAPPEARANCE. 

Validity  and  effect  of  by-law  of  mutual 
benevolent  society  suspending  member 
who  disappears.     L.R.A.1917A,  182. 


DISBARMENT. 

Of  attorney,  see  Attorneys,  §§  4,  5. 


DISBURSEMENT. 


Maritime  lien  for.  70  L.R.A.  367,  383, 
438. 

Amount  paid  substitute  for  services  dur- 
ing incapacity  of  injured  person  as  a 
disbursement.      30    L.R.A. (N.S.)  738. 


DISCHARGE. 


From  army  or  navy,  see  Abmy  and  Navt, 
§  2. 


414 


INDEX  IX)  L.R.A.  NOTES. 


DISCHARGE— cont'd. 

In  bankruptcy,  see  Bankbuptct,  §§  32-36. 

In  insolvency,  see  Insolvency,  §   16. 

Of  indorser,  see  Bills  and  Notes,  §  34. 

Of  cliattel  mortgage,  see  Chattel  Mobt- 
G.\GE,   §§    30,   31. 

Of  jury,  see  Criminal  Law,  §  63;  Trial, 
§  74. 

Of  guarantor,  see  Guaranty,   §  9. 

Of  judgment,  see  JuDCiMEM,  §§   74-77. 

Of  lien,  see  LlEKS,  §§   18-20. 

Of  employee,  see  Master  and  Servant,  §§ 
40-46. 

Of  mechanics'  lien,  see  Mechanics'  Liens, 
§  30. 

Of  mortgage,  see  Mortgage,  §§  52-60. 

Of  surety,  see  Principal  and  Surety,  §§ 
10-18. 

Of  school  teacher,  see  Schools,  §  16. 

Grounds  for  discharge  on  habeas  corpus, 
see  Habeas  Corpus,  §  6. 

As  evidence  of  want  of  probable  cause  for 
prosecution,  see  Malicious  Prosecu- 
tion,  §  7. 

Liability  for  procuring  discharge  of  em- 
ployee, see  Master  and  Servant,  §  47. 

As  affecting  justification  in  libel  or  slan- 
der.    21   L.R.A.  503. 

Termination  of  criminal  prosecution  by, 
so  as  to  support  suit  for  malicious 
prosecution.      2    L.R.A. (N.S.)    933. 

Right  to  and  proceedings  for  discharge  aft- 
er restoration  to  sanity  of  one  con- 
fined after  acquittal  of  crime  because 
of    insanity.      1    L.R.A  (N.S.)    547. 

From  covenant  in  lease  as  to  payment  of 
taxes  and  assessments.  L.R.A.1915A, 
36L 


DISCIPLINE. 


Teacher's  right  to  enforce,  see  Schools,  §§ 
20-22. 

Conclusiveness  of  decisions  of  tribunals  of 
associations  or  corporations  on  ques- 
tions of.     49  L.R.A.  354. 

Master's  liability  for  assault  by  superior 
on  inferior  servant  in  way  of  disci- 
pline.   8  L.R.A. (N.S.)  798. 


DISCLOSURE. 


Promoter's  duty  to  make  disclosure  to  cor- 
poration.   18  L.R.A. (N.S.)  1107. 

Validity  of  agreement  for  disclosure  of  in- 
formation.     30    L.R.A. (N.S.)    279. 


DISCONTINUANCE. 


Of  action  or  suit,  see  Dismissal  and  Dis- 
continuance. 

Of  highway,  see  Highways,  §§  109-113. 

Injunction  against  discontinuance  of  serv- 
ice by  corporation,  see  Injunction,  § 
35. 

Begin  with  this  hooTe  on  every  law  question 


DISCONTINUANCE— cont'd. 
JJnforcing    payment    for    water    by    discon- 
tinuing service,  see  Waters,  §  117. 

Right  of  street  railway  company  to  dis- 
continue line  in  absence  of  statutory  or 
contractual  provision  to  contrary.  1^ 
L.R.A.(N.S.)   866. 

Right  of  public  service  corporation  to  dis- 
continue service  after  tender  of  amount 
due.    L.R.A.1917C,  376. 


DISCOUNT. 


By  bank,  see  Banks,  §  37a. 

Liability  of  stockholders  on  stock  issued  at 

a  discount,  see  Corporations,  §  105. 
Purchase  of  paper  at  discount  as  usury,  see 

Usury,  §  Ba. 

For  prompt  payment  of  tax  against  nation- 
al bank.     45  L.R.A.   756. 

Right  of  one  paying  invalid  tax  for  purpose 
of  obtaining  discount  to  recover  amount 
paid.     28  L.R.A.(N.S.)    1045.' 

Effect  of  discounting  note  taken  in  payment 
of  debt.     35  L.R.A. (N.S.)    41. 

Effect  of  provision  for,  if  payment  is  made 
at  certain  time.     46  L.R.A. (N.S.)   900. 

Effect  on  negotiability  of  note  of  provision 
for  discount  in  event  of  payment  before 
maturity.  40  L.R.A.(N.S.)  177;  L.R.A. 
1915E,  564. 


DISCOVERED  DANGER. 

As   to    doctrine   of   last    clear   chance    gen- 
erally, see  Negligence,  §§  50-52. 

Duty  of  railroad  company  after  discovering 

child   in   danger  on   track.     32   L.R.A. 

(N.S.)   569. 
Frightened  horse  on  highway  parallel  with 

railroad  or  a  street  railway.     33  L.R.A. 

(N.S.)    129. 


DISCOVERTURE. 


Effect  of  new  promise  after,  see  Husband 
AND   Wife,   §    19. 


DISCOVERY  AND  INSPECTION. 

§   1.  Generally. 

Discovery  of  mining  claim,  see  Mines,  §  14. 

Right  of  public  to  benefit  of  discoveries 
made  bv  officer  or  employee.  L.R~A. 
1917B,  1183. 

Discovery  of  mining  claim.  7  L.R.A.(N.S.) 
819. 

Duty  of  property  owner  to  discover  tres- 
passing child.    32  L.R.A.  (N.S.)   565. 

Reports  to  corporation  by  agents  as  privi- 
leged communications.  6  L.R.A. (N.S.) 
325. 


INDEX  TO  L.R.A.  NOTES. 


415 


DISCOVERY  AND  INSPECTION— cont'd. 
§    2.  Bill  of  discovery  generally. 

Injunction  on  bill  of  discovery,  to  aid  de- 
fense.    32  L.R.A.  325. 

Order  to  enter  premises  for  examination. 
31  L.R.A.  169. 

As  affected  by  constitutional  provision 
against  self-crimination.  29  L.R.A. 
811. 

Right  to  discovery  by  bill  where  the  stat- 
utes provide  for  the  examination 
of  the  party  before  trial.  24 
L.R.A.    183. 

Right  to  compel  production  of  sealed  packet, 
or  articles  not  of  a  documentary  char- 
acter, upon  subpoena  duces  tecum.  3 
B.  R.  C.  219. 

Right  to,  where  demand  for  autopsy  stipu- 
lated for  in  accident  insurance  policy 
is  refused.     L.R.A.1915D,  1203. 

Right  to  compel  publisher  of  libel  to  dis- 
close source  of  information.  12  L.R.A. 
(N.S.)    636. 

Right  under  statute  to  an  order  for  the 
examination  of  an  adverse  party  to  en- 
able one  to  frame  his  pleadings.  L.R.A. 
1918C,  590. 

Power  of  court  to  require  owner  of  prem- 
ises or  property  to  permit  inspection  in 
negligence  cases.     L.R.A.1917E,  838. 

Conditions  precedent  to  bill  by  creditors  for 
discovery  of  assets.  23  L.R.A. (N.S.) 
120. 

Personal  liability  of  arbitrator  to  costs  on. 
42  L.R.A.  (N.S.)   280. 

§  3.  Production  or  inspection  of  docu- 
ments. 

Right  of  party  producing  documents  upon 
notice,  to  use  and  control  their  use 
as  evidence.     15  L.R.A.  138. 

Right  to  require  production  of  books  and 
papers  for  inspection  before  trial,  un- 
der U.  S.  Rev.  Stat.  §  724  (U.  S.  Comp. 
Stat.  1901,  p.  583).  10  L.R.A. (N.S.) 
99. 

Effect  of  calling  for  and  inspecting  docu- 
ment to  make  it  admissible  in  evidence. 
33   L.R.A.(N.S.)    552. 

Power  to  compel  the  production  of  corpo- 
rate books  to  aid  in  assessing  holder 
of  stock  of  his  estate.  8  L.R.A. (N.S.) 
788. 

Refusal  to  produce  books  or  papers  in  re- 
sponse to  subpoena  upon  ground  that 
thev  contain  private  matter.    29  L.R.A. 

(n;:s.)  716. 

Right  to  review  order  granting  or  denying 
motion  for  inspection  of  books  or  pa- 
pers apart  from  appeal  from  final  judg- 
ment.    28  L.R.A. (N.S.)    516. 

Denial  of  relation  of  attorney  as  affecting 
right  to  summary  order  on  attorney  to 
produce  papers.     38  L.R.A. (N.S.)    207. 

Loss  or  destruction  of  books,  inventory, 
etc.,  as  excusing  their  production  as  re- 
quired by  policy.      28  L.R.A. (N.S.)  337. 

Requiring  attorney  to  produce  documents 
belonging  to  client  as  violation  of 
privilege.     48  L.R.A. (N.S.)   334. 

Consult  also  L.R.A.  Digests  of  Cases. 


DISCOVERY  AND  INSPECTION— cont'd. 
§   4.  Inspection   of   boolis,    papers,    and 
records  generally. 

Right  to  inspect  books  generally,  see  Books, 

§  3. 
Right  to  inspect  corporate  books,  see  Cok- 

POEATIONS,   §   99. 

Right  of  taxpayer  to  inspect  books  of  mu- 
nicipality, see  Municipal  Corpora- 
tions, §  2. 

Right  to  inspect  public  records,  see  Rec- 
ords AND  Recording  Laws,  §  2. 

Right  to  inspect  records  of  title,  see  Rec- 
ords AND  Recording  Laws,  §  13. 

Right  of  policy  holder  to  inspect  books  of 
insurance  company.  11  L.R.A. (N.S.) 
1089. 

Power  of  commission  to  compel  production 
of  papers  and  records  for  inspection. 
L.R.A.1917F,   1202. 

May  right  of  partner  to  inspect  books  of 
firm  be  delegated  to  an  agent.  2  B.  R. 
C.  976. 

Inspection  as  rendering  admissible  paper 
or  document  called  for  in  favor  of  pro- 
ducer.    33  L.R.A.  (N.S.)    553. 

Right,  for  purposes  of  cross-examination,  to 
inspect  paper  used  by  witness  to  refresh 
recollection.    22  L.R.A. (N.S.)  706. 

Duty  to  produce  books  or  papers,  pursuant 
to  subpoena  duces  tecum  or  order 
of  court  as  affected  by  their  lo- 
cation or  control,  or  by  considera- 
tions of  convenience  or  incon- 
venience.    L.R.A.1915B,  980. 

Right  of  bank  officer  or  employee  to  refuse 
to  disclose  state  of  depositor's  account. 
L.R.A.1915D,  1061. 

Right  of  corporation,  corporate  officer,  or 
other  person  having  custody  of  its 
books  and  papers,  to  refuse  to  produce 
them  on  the  ground  that  they  may  tend 
to  incriminate.     47   L.R.A. (N.S.)    1175. 

Requiring  attorney  to  produce  papers  be- 
longing to  client  as  violation  of 
privilege.    48  L.R.A. (N.S.)   334. 

§   5.  Physical  examination. 

Inspection  in  court,  see  Evidence,  VI. 

Duty  of  injured  employee  seeking  com- 
pensation under  Workmen's  Compensa- 
tion Act  to  submit  to  examination. 
L.R.A.1917D,  174. 

Power  to  compel  plaintiff  to  ^submit  to  a 
physical  examination.  14  L.R.A.  466; 
23  L.R.A.(N.S.)  463;  L.R.A.1915E,  936. 

Waiver  of  right  to  object  to  physical  exam- 
ination or  exhibition  of  person.  2 
L.R.A. (N.S.)   386. 

Right  to  compel  public  employee  to  submit 
to  physical  examination  to  determine 
fitness.     33  L.R.A.(N.S.)    359. 

When  does  a  refusal  of  an  order  for  physi- 
cal examination  amount  to  an  abuse 
of  discretion.     ]5  L.R.A. (N.S.)    663. 

Does  authority  for  physical  examination  of 
a  plaintiff  in  an  action  for  personal  in- 
juries include  X-ray  examination.  41 
L.R.A.(N.S.)    1071. 


4W 


INDEX  TO  L.ILA.  NOTES. 


DISCOVERY  AND  INSPECTION— cont'd. 

Measure  of  compcnBation  to  physician  em- 
ployed to  examine  and  renort  on  physi- 
cal condition  of  one  who  contemplates 
bringing  action  for  personal  injuries. 
25    L.R.A.(N.S.)    70. 

Cross-examination  of  plaintiff  in  action  for 
personal  injuries  as  tq  his  willingness 
to  submit  to  physical  examination. 
43   L.R.A.(N.S.)    622. 

Admissibility  against  one  spouse  of  evidence 
of  facts  revealed  by  physical  examina- 
tion of  other  spouse  who  would  be  an 
incompetent  witness.  49  L.R.A.(N.S.) 
563. 

§   6.  Inspection  to  discover  defects. 

Carrier's   duty    as   to   inspecting  cars, '  see 

Carriers,  §  137. 
Master's    duty    of    inspection,    see    Master 

AND  Servant.  §§  98-102. 
Inspection  of  chattels  sold,  see  Sale,  §  38. 

Of  passenger  elevator.  2  L.R.A.(N.S.)  749; 
L.R.A.1915E,  726. 

Duty  of  gas  company  as  to  inspection  of 
existing  equipment  to  prevent  escape 
or  explosion  of  eras.  32  L.R.A.(N.S.) 
810;  L.R.A.1915E,  1023. 

Street  railway  company's  duty  to  inspect 
track  and  street  for  defects.  52  L.R.A. 
450. 

Duty  of  municipality  to  inspect  streets  to 
discover  defects  and  obstructions.  20 
L.R.A.(N.S.)     725. 

Permitting  of  unauthorized  inspection  by 
carrier  as  a  conversion.  3  L.R.A. 
(N.S.)    1136. 

Is  fraudulent  representation  by  vendor  of 
extent  or  proportion  of  land  of  particu- 
lar kind  included  within  tract  sold, 
actionable  where  purchaser  inspects 
the  land.     30  L.R.A. (N.S.)   55. 

Validity  of  state  inspection  laws  as  ap- 
plied to  commodities  in  interstate  com- 
merce.    L.R.A.1916D,  196. 

8   7.  —of  electric  wires. 

Duty    of    municipality    to    inspect    electric 

wires.     2   L.R.A. (N.S.)    475. 
Duty  to  inspect  electric  wires  over  highway 

22  L.R.A.(N.S.)   1172. 
Duty  to  inspect  wires  strung  along  hijrhwav 

1  B.  R.  C.  799.  6     e        j^ 

8  8.  —  shli^per's  duty  to  Inspect  car. 

Shipper's  duty  to  inspect  car.  17  L.RA 
(N.S.)    10.34. 

Validity  of  provision  in  carrier's  contract 
imposing  responsibility  of  inspecting 
cars  on  shipper.     36  L.R.A.  (N.S.)   412. 

8  •.  —  of  i^raln  or  meat. 

Delegation  by  legislature  to  railroad  com- 
mission of  power  as  to  inspection  of 
grain.    32  L.R.A. (N.S.)  652. 

ValiUity  of  state  statute  regulating  inspec- 
tion of  meat  which  is  subject  of  in- 
terstate commerce.  27  L.R.A.  (N.S.) 
677. 


DISCOVERY  WORK. 

In  mine,  see  Mines,  §§16,  25. 


DISCREDITING. 

Of  witness,  see  Witnesses,  §§  42,  43. 


DISCRETION. 


/.  In  getfral,   §§1-6. 
II.  Of  court  or  judge,  §§  7-11. 

I.  In  general. 

8   1.  Generally. 

As  to  number  of  liquor  licenses,  see  Intox- 
icating Liquors,  §  13. 

Discretion  to  refuse  license  for  bank  upon 
general  considerations  of  public  policy. 
L.R.A.  1917D,  316. 

As  to  amount  of  license  fees.  30  L.R.A. 
439. 

Validity  of  ordinance  granting  discretion 
to  officials.     1  L.R.A. (N.S.)   940. 

In  choosing  between  bidders  for  public  con- 
tract.    38  L.RJ^.(N.S.)   653. 

Personal  liability  of  highway  officers  in 
matters  of  discretion.  22  L.R.A.  827; 
52  L.R.A.(N.S.)    145. 

Character  and  extent  of  relief  by  mandamus 
against  officer  of,  who  has  rendered  a 
decision  on  grounds  not  within  his  dis- 
cretion.    7  L.R.A. (N.S.)  525.' 

Right  of  court  to  control  discretion  vested 
by  will  in  one  person  to  determine 
whether  or  when  another  is  fit  to  re- 
ceive a  legacy  or  devise.  25  L.R.A. 
(N.S.)   421. 

Of  presidential  electors  in  voting.  43 
L.R.A. (N.S.)   283. 

Of  school  authorities  as  to  excluding,  sus- 
pending, or  expelling  pupils.  50  L.R.A. 
{N.S.)  267. 

§   2.  Of  trustee. 

Equitable  control  of  discretion  vested  in 
trustee.    8  L.R.A. (N.S.)   398. 

Application  of  child's  property  to  his  sup- 
port where  trustees  have  discretion. 
57    L.R.A.   734. 

Of  trustee  in  deed  of  trust  to  bring  fore- 
closure suit.     16  L.R.A.(N.S.)    1006. 

§   3.  Of  public  prosecutor. 

Scope  of  discretion  of  public  prosecutor 
with  respect  to  institution  of  proceed- 
ings in  nature  of  quo  warranto.  15 
L.R.A.(N.S.)    003. 

8   4.  Of  military. 

Of  military  when  called  to  aid  civ'l  power. 
65   L.R.A.   198. 


8  5.  Of  legislature. 

Of  legislature  to  prescribe  rules  of  anpor- 

tionment  of  assessm- nt  for  pulilic   ira- 

B#m<«  iwfi>  fi.i.  i.»»i.  ,  provements.      28   L.R.A.(N.S.)    1158. 

ttegtn  with  this  booh  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


4li 


DISCRETION,  I.— cont'd. 
§   6.  In  eminent  domain. 

To  take  less  than  might  be  taken  in  con- 
demnation proceedings.     20  L.R.A.  751. 

As  to  necessity  for  acquisition  of  water 
supply  by  right  of  eminent  domain.  58 
L.R.A.  249. 

Review  of  exercise  of  discretion  as  to 
amount  of  land  taken  by  eminent  do- 
main.    11  L.R.A.  (N.S.)   943. 

II.  Of  court  or  judge. 

§    7.  Generally. 

Abuse  of,  see  Appeal  and  Error,  §  29. 

Superintending  control  over  discretion  of 
lower  court.     20  L.R.A. (N.S.)    949. 

Jtfandamus  to  control  discretion  of  judge 
as  to  change  of  venue.  L.R.A.1917F, 
915. 

Discretion  of  court  as  to  penalty  to  be  im- 
posed upon  a  corporation  for  violation 
of  law.     L.R.A.1915A,  892. 

In  requiring  bond  from  guardian.  33 
L.R.A.  763. 

As  to  extent  of  punishment.  35  L.R.A. 
563;  L.R.A.1915C,  560. 

Discretion  as  to  penalty  as  ground  for  ad- 
mitting to  bail  in  case  of  crime  punish- 
able by  death.     39  L.R.A. (N.S.)   771. 

As  to  submission  of  issue  of  insanity  in 
criminal  case.     38  L.R.A.  581. 

As  to  specific  performance  of  contract  for 
sale  of  realty  or  personalty  within 
statute  of  frauds.  28  L.R.A.(N.S.) 
687. 

Limitation  of  time  for  argument  of  counsel 
for  accused  as  abuse  of  discretion.  25 
L.R.A.(N.S.)   1027. 

^3  to  granting  leave  to  file  bill  of  review 
for  newlv  discovered  evidence.  30 
L.R.A.  (N.S.)   1031. 

When  refusal  of  order  for  physical  examin- 
ation amounts  to  abuse  of  discretion. 
15  L.R.A. (N.S.)   663. 

As  to  person  adjudged  to  pay  cost  of  re- 
ceivership where  final  judgment  is 
against  party  procuring  receivership. 
25  L.R.A. (N.S.)   418. 

§    8.  As   to  taking  jurisdiction. 

As  to  exercising  equity  jurisdiction  over 
suits  affecting  real  property  in  another 
state  or  country.     69  L.R.A.  678. 

To  decline  jurisdiction  over  foreign  corpo- 
ration.    70  L.R.A.  538. 

§  9.  As  to  granting  or  refusing  injunc- 
tion. 

To  suspend  injunction  pending  appeal.  38 
L.R.A. (N.S.)   442. 

As  to  granting  of  injunction  against  nui- 
sance. 31  L.R.A. (N.S.)  884;  L.R.A. 
1916C,  1269. 

§    10.  As  to  evidence  or  view. 

As  to  use  of   photograph   as  evidence.     35 

L.R.A.  805;  51  L.R.A.  (N.S.)   848. 
As  to  view  by  jury.     42  L.R.A.  372. 
Consult  also  L.R.A.  Digests  of  Cases. 


DISCRETION,  II.— cont'd. 

§    11.  As  to  separation  of  jury. 

In  capital  case.     24  L.R.A. (N.S.)   778. 

In  criminal  cases   other  than  capital  after 

finding  but  before  rendition  of  verdict. 

31  L.R.A.  (N.S.)   1005. 


DISCRIMINATION . 


§    1.  Generally. 

Unconstitutionality  of,  generally,  see  Con- 
stitutional Law,  IX.  b. 

As  to  granting  liquor  license,  see  Intoxi- 
cating Liquors,  §  14. 

In  license  fee,  see  License,  §§  46,  46a. 

In  annexation  to,  or  extension  of,  city 
boundaries,  see  Municipal  Corpora- 
tions, §  12. 

Power  of  municipality  as  to,  see  Municipal 
Corporations,  §  17. 

In  municipal  contract,  see  Municipal  Cor- 
porations, §  54. 

Against  colored  children,  see  Schools,  §  7. 

In  taxation,  see  Taxes,  §§  8-12,  39,  93,  94. 

As  to  privileges  to  wharf,  see  Wharves,  § 
9. 

In  abatement  of  nuisance  by  municipality. 
36  L.R.A.  608. 

In  requiring  payment  of  compulsory  pilot- 
age fees.     39  L.R.A.  181. 

In  primary  election  laws.  41  L.R.A. (N.S. ) 
138;  L.R.A.1917A,  263. 

By  landlord  as  to  persons  who  shall  use 
premises,  as  an  eviction.  27  L.R.A. 
(N.S.)    637. 

In  interest  rates.     2  L.R.A. (N.S.)   813. 

In  regulation  of  draymen.  45  L.R.A.  (N.S.) 
1158. 

EfiFect  of  discrimination  among  insurants 
upon  the  contract  of  insurance  and  its 
incidents.  35  L.R.A.(N.S.)  485;  49 
L.R.A.(N.S.)    147. 

Law  determining  validity  of  discrimination 
between  residents  and  nonresidents  in 
assignment  for  creditors  or  insolvency 
or  bankruptcy  proceedings.  65  L.R.A. 
354,  368. 

Agreement  made  at  inception  of  insurance 
policy  with  respect  to  payment  of  pre- 
miums as  discrimination  or  rebate. 
L.R.A.1918D,  194. 

Libel  or  slander  by  charge  of  favoritism 
against  public  officer  or  candidate. 
L.R.A.1918E,  35. 

§   2.  By  public  service  corporation. 

Unconstitutionality  of,  generally,  see  Con- 
stitutional Law,  IX.  b. 

By  carrier,  see  C'ARRiEats,  §§  150-153,  159. 

Between  express  companies,  see  Express 
Companies,  §  2. 

In  telephone  rates,  see  Telephones,  §  6. 

In  water  rates,  see  Waters,  §  122. 

By  public  service  corporation  by  requiring 
payment  of  rental  in  advance.  31 
L.R.A.  (N.S.)    315. 

Right  of  water  or  light  company  to  discrim- 
inate between  consumers  as  to  rate.    61 
L.R.A.     113;      27     L.R.A.(N.S.)      674; 
L.R.A.1915D,  1086. 
27 


418 


INDEX  TO  L.R.A.  NOTES. 


DISEASE. 

Of  animals,  sec  Animals,  §  17. 

Contasrious  diseaaes,  see  Contagious 
Diseases. 

Opinion  evidence  as  to  cause  of,  see  Evi- 
dence, §  187b. 

Protection  against,  aee  Health,  §§  6-10, 

Representations  and  warranties  by  insured 
as  to,  see  Insurance,  §§  93,  94,  96. 

Municipal  liability  for  sproad  of,  see  MU- 
NICIPAL CORPOBATIONS,   §  76. 

Distinguished  from  accident.  30  L.R.A. 
209. 

As  defense  for  breach  of  promise  to  marry. 
15  L.R.A.  531. 

Condonation  of  loathsome  disease  as  de- 
fense to  action  for  divorce.  6  L.R.A. 
(N.S.)   729. 

As  affecting  testamentary  capacity.  27 
L.R.A.(N.S.)   30;  L.R.A.1915A,  450. 

Effect  of,  to  create  irresistible  impulse.  18 
L.R.A.  228. 

]']ffect  of  previous  disgase  of  person  injured 
on  liability  for  causing  injuries.  16 
L.R.A.  268;  48  L.R.A. (N.S.)   119. 

Allowance  for  aggravation  of  existing 
disease  in  fixing  damages  for  death. 
17  L.R.A.  71. 

Effect  on  criminal  responsibility  for  death 
of  disease  intervening  or  concurring  to 
cause  death.     51  L.R.A. (N.S.)   877. 

Recovery  for,  under  workmen's  compensa- 
tion act.  L.R.A.1916A,  106,  289;  L.R.A. 
1917D,  113. 

Effect  on  recovery  under  Workmen's  Com- 
pensation Act  of  fact  that  pre-existing 
disease  contributed  to  or  prolonged  the 
incapacity  of  the  injured  workman. 
L.R.A.1917D,  110. 

Mental  anguish  because  of  exposure  to,  as 
element  of  recovery  in  telegraph  cases. 
49  L.R.A. (N.S.)   238.  i 

Previous  diseased  condition  as  affecting  lia- 
bility under  insurance  policy  for  death 
or  injury  from  accident.  52  L.R.A. 
(N.S.)    1203. 

Liability  under  accident  policy  excepting  or 
limiting  liability  for  loss  resulting  from 
disease  where  diseased  condition  results 
from  accident.    6  B.  R.  C.  530. 


DISFIGUREMEXT. 

Mental  suffering  arising  from  contempla- 
tion of,  as  element  of  damage  for  per- 
sonal injuries.  15  L.R.A. (N.S.)  775; 
L.R.A.1916E,  898. 


DISFR.^NCHISEMENT. 

Of  votei-8,  see  Elections,  §  7. 


DISHERISON. 


DISHONOR. 

Of  check,  see  Banks,  §  26. 

Of  note  transferred  after  maturity,  effect 
of,  as  to  interest,  instalments,  or  part 
of  series.    46  L.R.A.  799. 

^-»-» 


DISINHERITANCE. 

See  Wills,  §  68. 

♦-•-♦ • 

DISINTERMENT. 

See  Cokpse,  §  5. 


DISJUNCTIVE  ALLEGATIONS. 

Use  of  disjunctive  "or"  in  indictment  charg- 
ing kind  or  quality  of  liquor  sold.  51 
L.R.A.(N.S.)   133. 


■♦♦» 


DISLOCATION. 

Liability  of  physician  for  failure  to  diag- 
nose.    28  L.R.A. (N.S.)   136. 


^•» 


DISLOYALTY. 

Libel  or  slander  by  imputing  sedition  or 
disloyalty.     L.R.A.1917D,  861. 

Prosecutions  under  the  Espionage  Act  of 
June  15,  1917,  for  encouraging.  L.R.A. 
,1918F,  410. 


Sec  \\"n,T,.s,  §  68. 

Bcffin  uitJi  this  hook  on  ex'ery  law  question 


DISailSSAL  AND  DISCONTINU- 
ANCE. 

§    1.  Generally. 

Of  appeal,  see  Appeal  and  Error,  §  25. 

Discontinuance  of  eminent  domain  proceed- 
ings, see  Eminent  Domain,  §  30. 

As  to  no"nsuit  or  direction  of  verdict,  see 
Trial,  §§  50-59. 

Liability  on  replevin  bond  where  suit  is 
dismissed  or  discontinued  Avithout  a 
judgment  for  the  return  of  the  property. 
■L.R.A.1917A,  1191. 

Pendency  of  dismissed  suit  as  bar  to  action 
in  other  court.     42  L.R.A.  459. 

Ol  pending  litigation  as  affording  consider- 
ation for  a  compromise.  25  L.R.A. 
(N.S.)   299. 

Discontinuance  of  proceedings  by  manda- 
mus to  restore  to  office  one  who  has 
been  illegally  removed.  19  L.R.A. 
(N.S.)  83. 

Of  suit  to  defeat  attorney's  lien  or  claims 
to  compensation.     5  L.R.A. (N.S.)    390. 

Duty  of  court,  in  absence  of  objection  by  de- 
fendant, to  dismiss  suit  for  divorce  not- 
brought  within  time  allowed  by  statute 
after    cause    given.      26    L.R.A. (N.S.) 
490. 


INDEX  TO  L.K.A.  NOTES. 


419 


DISMISSAL  AND  DISCONTINUANCE— 
cont'd. 

Effect  on  suit  of  discharge  from  arrest  of 
one  arrested  wliile  attending  court.  19 
L.R.A.  560. 

Jurisdiction  of  court  to  enter  final  judg- 
ment upon  dismissal  or  nonsuit.  26 
L.R.A.(N.S.)   914. 

§   2.  Voluntary. 

Right  of  appellant  to  dismiss  appeal  or 
writ  of  error.     L.R.A.1917A,  113. 

Effect  of  appeal  or  right  of  appeal  upon 
plaintiff's  right  to  dismiss  action. 
L.R.A1917C,  133. 

By  plaintiff,  bringing  suit  for  all  similarly 
situated.     46  L.R.A.  839. 

Injunction  against  judgment  obtained  by 
fraudulent  agreement  to  dismiss.  30 
L.R.A.  788. 

Power  of  court  to  protect  attorney  who  has 
taken  case  on  contingent  fee,  against 
voluntary  dismissal  by  claimant  with- 
out his  consent.     14  L.R.A.  (N.S.)   1095. 

Right  to  dismiss  or  withdraw  proceedings 
to  probate  or  contest  a  will  or  issues 
thereunder.     39  L.R.A. (N.S.)    121. 

Right  of  condemning  party  to  dismiss  con- 
demnation proceedings  after  award  or 
verdict  and  before  confirmation  or 
judgment.     28   L.R.A.(N.S.)    91. 

Right  to  dismiss  proceeding  in  nature  of 
writ  inquirendo  de  lunatico.  51  L.R.A. 
(N.S.)    1191. 

§   3.  Of  party. 

As  to  one  joint  tort  feasor,  effect  on  liabil- 
ity of  others.     58  L.R.A.  303. 

§    4.   Of   criminal    prosecution. 

Power  of  public  prosecutor  to  dismiss  pros- 
ecution.    35  L.R.A.   701. 

Power  to  recall  dismissal  of  prosecution. 
35  L.R.A.  716. 

Necessity  of  consent  of  court  to  entry  of 
nolle  prosequi  in  a  criminal  case.  45 
L.R.A.  (N.S.)    1123. 

§   5.  Power  of   attorney   as   to. 

Power   of   attorney   to  discontinue   suit.     4 

L.R.A.(N.S.)    244. 
Right    of    attornev    to    enter    retraxit.      25 

L.R.A. (N.S.)  '1313. 

§   6.  Judgment  of  dismissal. 

Conclusiveness  of  judgment  of  dismissal 
see  Judgment,  §  31a. 

Collateral  attack  for  fraud  not  affecting 
jurisdiction  on  judgment  of.  36 
L.R.A.  (N.S.)   984. 

Possibility  of  appeal  from  dismissal  of 
garnishment  or  attachment  as  affecting 
right  to  withhold  property  from  debtor. 
L.R.A.1917B,  591. 


DISOBEDIENCE— cont'd. 

Of  physician's  orders  as  affecting  remedy 
of  injured  person  against  the  person 
injuring  him.     49  L.R.A.  8'27. 

Power  to  punish  disobedience  to  orders  ii^ 
ease  by  striking  out  pleadings,  4 
L.R.A.  (N.S.)  1185;  27  L.R.A.  ( N.S.  > 
1062. 

§   2.  By  servant. 

Disobedience  of  rules  as  contributory  neg- 
ligence, see  Ma.steb  and  Servant,  § 
125. 

Master's  liability  to  tliird  person  for  acts 
of  servant  wliile  disobeying  orders,  see 
Master  and  Servant^  §  J 84. 

Discliarge  of  emplovee  for  disobedience  ef 
regulations.     37*^  L.R.A. (N.S.)    950. 

Disobedience  of  orders  as  incompetency 
within  rule  as  to  master's  duty  "to  furn- 
ish competent  fellow  servants.  30 
L.R.A.  (N.S.)    309. 


DISORDERLY   CONDUCT. 

Eavesdropping,  see  Eavesdropping. 

Sufficiency  of  tender  of  fare  accoinpanied 
bv  disorderlv  conduct  to  prevent  ejec- 
tion.    31   L.R.A.(N.S.)    994. 

What  constitutes  within  meaning  of  liquor 
dealer's  bond.    L.R.A.1916E,  273, 


DISOBEDIENCE. 


§    1.  Generally. 

As  a  contempt,  see  Contempt,  §§  8,  9. 
Of  orders,  see  ^foTioNS  and  Orders,  §  4. 
Counnlt  also  L.Ii.A.  Dir/ests  of  Cases. 


DISORDERLY    HOUSES. 

§    1.  In  general. 

Injunction  against,  see  Injunction,  §  28av 
License  of,  see  License,  §  24. 

Several  offenses  growing  out  of  same  facts.' 
31  L.R.A.(N":S.)   70>. 

^lunieipal  regulation  of  nuisance  of.'  39 
L.R.A.  521. 

Sale  of  goods  to  keeper  or  inmate  of  house- 
of  ill  fame.     L.R.A.1917B.  3168. 

Insurance  on  bawdyhouse  or  furniture  there- 
in. 18  L.R.A.(N.S.)  214;  L.R.A.. 
191 7B,  257.  / 

Husband  or  wife  as  witnesses  against  the- 
other  in  prosecution  for  keeping.  L.R.A. 
193  7E,  11S3.  ! 

Evidence  of  clVarActer  of  defendant  and  in- 
mates in  prosecution  for  keeping.  20 
L.R.A.  610. 

vSlander  in  charging  one  with  keeping.  24' 
L.R.A.(N.S.')  603;  48  L.R.A.  (N.S.)  610. 

Defamation  of  occupants  of  house  by  im- 
puting to  it  a  disorderly  eltaracter, 
48  L.R.A. (N.S.)   256. 

Criminal  responsibilitv  of  lessor  ,of  dis- 
orderly house.     44"  L.R.A.  (N.S.)   8.M). 

Necessity  of  corroborating  evidence  as  to 
reputation  of  house  to  support  a  con- 
viction for  keeping  disorderly  house. 
46  L.R.A.(N.S.)   .593. 

Validity  of  statute  making  repute  of  house 
prima  facie  proof  of  character.  L.R.A.. 
1915C,  734. 


«S9 


INDEX  TO  L.R.A.  NOTES. 


DISORDERLY  HOUSES— cont'd. 
Forfeiture  of  property  found  in  bavvdyhouse. 
52  L.R.A.(N.S.)'932. 


§   2.  What  arc. 

Usurious   loan   office   as. 
507. 


24   L.R.A.(N.S.) 


§  3.  Suppression  of. 

Validity  of  statutes  or  ordinances  against 
bawdyhouses.      L.R.A.1917B,    1078. 

Abatement  of  or  injunction  against  bawdy- 
house.  L.R.A.1918D,  819. 
By  owner  or  occupant  of  neighboring 
property.  11  L.R.A.(N.S.)  1060; 
42  L.R.A.(N.S.)  1041;  L.R.A. 
1918D,  819. 

§  -I.  Punishment  for  Iteepinjr. 

Cruel  and  unusual  punishment  for  keeping. 
35  L.R.A.  571;  L.R.A.1916C,  566. 


DISORDERLY  LANGUAGE. 

As  di-^iturbance  of  public  peace.     32  L.R.A. 
(N.S.)   605;  L.R.A.1918F,  941. 


DISORDERLY  PERSONS. 

Power  of  municipality  as  well  as  state  to 

punish.     17  L.R.A.(N.S.)   52. 
Fortune  tellers  as.    43  L.R.A.(N.S.)  203. 
Bringing  wife  in  contact  with   prostitutes 

as  ground  for  divorce.    43  L.R.A. (N.S.) 

964. 
Eight  of  innkeeper  to  refuse  to  accept  as 

guests.    52  L.R.A. (N.S.)  744.       , 
Arrest  without  warrant  of  women  soliciting 

or  accosting  men.    L.R.A.1917D,  697. 
Statute  or  ordinance  making  it  an  offense  to 

associate     with     direputable     persons. 

L.RA.1917F,  904. 


DISPENSARIES. 


Validity  of  quasi  prohibitory. laws  known 
as  "dispensary  acts."  15  L.R.A. (N.S.) 
946. 

Right  of  municipal  corporation  to  operate 
liquor  dispensary.     31  L.R.A. (N.S.)    117. 


DISPOSITION. 


Misrepresentation  as  to,  as  ground  for  an- 
nulment of  marriage.  30  L.R.A.(N.S.) 
301. 


DISPUTE. 

Submission  of,  to  arbitration,  see  Abbitba- 

TION. 

■  Begin  u-ith  this  boolc  on  every  law  question 


DISPUTE— cont'd. 

X'alidity  of  regulations  requiring  passenger 

to    pay    fare    in    case    of.      2    L.R.A. 

(N.S.)'  695. 


DISPUTED  CLAIMS. 

Accord  and  satisfaction  by  part  payment  of. 

20  L.R.A.  795. 
Discontinuing  service  to  compel  payment  of 

disputed  water  bills.     31  L.R.A. (N.S.) 

302. 


DISQUALIFICATION. 

Of  judge,  see  Judges,  §§  3,  4. 
Of  juror,  see  Juby,  III.  b. 

Of  one  employed  as  attorney  in  other  pro- 
ceedings to  serve  as  commissioner  or 
juror  in  eminent  domain  proceedings. 
47  L.R.A.  (X.S.)   169. 

Effect  on  public  election  of  wrongful  dis- 
qualification of  sufficient  number  of 
voters  to  have  changed  the  result.  38 
L.R,A.(N.S.)     1007. 

♦  >» 


DISSATISFACTION. 

See  Satisfaction. 


DISSEISIN. 

See  Advebse  Possession;  Ejectment,  §  6. 


DISSENSION. 


Dissension  in  management  of  corporation 
as  ground  for  appointment  of  receiver. 
L.R.A.1918D,  229. 


DISSOLUTION. 


Of  attachment,  see  Attachment,  §  18. 

Of  benefit  association,  see  Benevolent  So- 
cieties, §  5. 

Of  club,  see  Clubs,  §  3. 

Of  corporation,  see  Corporations,  IX. 

Of  insurance  company,  see  Insurance,  §§ 
9,  10. 

Of  partnership,  see  Pabtnebship,  §§  29- 
49. 

Of  injunction,  see  Injunction,  §  88. 


DISTANCE. 


Proximrte  cause  of  damage  from  fire  as  af- 
fected by.     42  L.R.A.(N.S.)   759. 


INDEX  TO  L.R.A.  NOTES. 


421 


DISTANCE--cont'd. 

Eight  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  695. 


DISTILLED  LIQUORS. 

Sufficiency  of  delivery  of  distilled  liquors 
sold  out  of  larger  lot.  26  L.R.A.(N.S.) 
36. 


DISTILLERS. 


Effect   of   insertion   of   unauthorized   provi- 
sions in  bond  of.    L.R.A,1917B,  990. 


«-»-» 

DISTINGUISHING  MARK. 

On  ballot,  see  Elections,  §  21. 

♦-•-♦ • 

DISTRAINT. 

For  rent,   see  Landlord   and   Tenant,   §§ 
91-93. 


DISTRESS. 


For  rent,  see  Landlobd  and  Tenant,  §§ 
9L-93. 

Use  of  distress  warrant  to  enforce  payment 
of  compensation  for  use  of  property 
other  than  land.    11  L.R.A.{N.S.)  836. 


DISTRIBUTION. 


In  general,  see  Descent  and  Distribution; 
Executors  and  Administrators. 

Of  assets  of  insolvent  insurance  company. 
38  L.R.A.  97. 


DISTRICT  AND   PROSECUTING 
ATTORNEY. 

§    1.  Generally. 

Argument  or  comment  as  ground  for  re- 
versal, see  Appeal  and  Error,  §  37. 

Argument  of,  generally,  see  Trial,  §§  15, 
16. 

Reference  to  witnesses  by,  see  Witnesses, 
§  8. 

Liability  for  false  arrest  or  imprisonment, 
see  False  Imprisonment,  §  7a. 

Right  of  prosecutrix  in  bastardy  proceed- 
ings to  private  counsel.  33  L.R.A. 
(N.S.)   463. 

Delay  of  prosecution  d  lo  to  neglect  to  pro- 
vide prosecuting  attorney  as  ground 
for  discharge  of  accused.   36  L.R.A.  528. 

Consult  also  L.R.A.  Digests  of  Cases. 


DISTRICT  AND  PROSECUTING  ATTOR- 
NEY—cont'd. 

Does  privilege  as  to  communication  or  in- 
formation acquired  by  physican  extend 
to  physician  employed  by.  16  L.R.A. 
(N.S.)   886;  L.R.A.1915F,  892. 

Advice  of,  as  defense  to  action  for  malicious 
prosecution.     18  L.R.A.  (N.S.)   71. 

Improper  influence  or  interference  witii 
grand  jury  by.    28  L.R.A.  368. 

Right  of  prosecuting  attorney  to  compensa- 
tion from  individual.  39  L.R.A.  (N.S.) 
81. 

Right  to  represent  individuals  having  an 
interest  adverse  to  or  dissociated  from 
the  public  interest.    L.R.A.1918F,  832. 

Liability  to  action  for  malicious  prosecu- 
tion.    L.R.A.1917F,  699. 

§   2.  Who  may  act  as,  or  assist. 

Eligibility  of  women  to  office  of  prosecuting 
attorney.     27  L.R.A.(N.S.)    532 

Extent  of  restriction  on  right  of  unlicensed 
person  to  act  as,  or  assist,  prosecuting 
attorney.     24  L.R.A. (N.S.)   753. 

Extent  of  restriction  on  right  of  disbarred 
or  suspended  attorney  to  act  as  prose- 
cuting attorney.     24  L.R.A. (N.S.)   750. 

Right  of  accused  to  complain  because  prose- 
cution is  conducted  or  assisted  by  un- 
official member  of  bar.  24  L.R.A. 
(N.S.)    564;   47  L.R.A. (N.S.)    1106. 

§    .3.  Powers  of. 

Power  to  dismiss  criminal  prosecution,  see 
Criminal  Law,  §  40. 

Power  to  grant  immunity  to  witness.  L.R.A. 
1918A,  376. 

Scope  of  discretion  of,  with  respect  to  insti- 
tution of  proceedings  in  nature  of  quo 
warranto.      15   L.R.A. (N.S.)    603. 

Quo  warranto  by  as  matter  of  right.  1 
L.R.A.  (N.S.)   826. 

§   4.  As  witness. 

See  Witnesses,  §  16. 

§   5.  Confession  to.  or  induced  I)y, 

Voluntariness  of  confession  elicited  by  ques- 
tions from.     18  L.R.A.(N.S.)    80J. 

Voluntariness  of  confessions  to.  18  L.R.A. 
(N.S.)  849. 


DISTRICT  COURTS. 

Jurisdiction    of   civil    actions   against   con- 
sul.    45  L.R.A.  581. 


DISTRICT  MESSENGER. 

Duty  and  liability  for  conduct  of.    2  L.R.A. 

(N.S.)    1091. 
Liability    for    personal    injury    caused    by. 

L.R.A.1918D,  360. 


DISTRICT  OF  COLUMBIA. 

Citizenship  in,  as  aflFccting  jurisdiction  of 
Federal  court  on  ground  of  diverse 
citizenship.     1  L.R.A.  108.* 


422 


INDEX  TO  L.R.A.  NOTES. 
DISTRICTS.  DIVESTITURE  OF  ESTATES. 


School  districts,  see  Schools,  §§  27,  28. 


DISTURBING    MEETING. 

XL'haracter  of  nu-fting  essential  to  the  of- 
fense of  disturhinn  a  meeting.  30 
L.R.A.(N.S.>  829;  45  L.R.A.(N.S.)  108. 

<  ruel  and  unusual  punishment  for.  L.R.A. 
1!I15C,  570.  . 

Injunction  to  prevent  disturbance  of  religi- 
ous worship.     L.R.A.1917D,  996. 


DISTURBING  PUBLIC  PEACE. 

Disorderly     language     as     disturbance     of 
public    peace.      32    L.R.A.  (N.S.)    505. 


DITCH. 

For    drainage    purposes,    see    Dbains    and 

Sewers. 
For  irrigation,  see  Waters,  §  92. 

When  does  statute  of  limitations  commence 
to  run  against  action  for  damages 
caused  by  seepage  from  ditch.  23 
L.R.A.(N.vS.)   705. 

Duty  as  to  establishment  and  maintenance 
of  bridges  over  ditches  for  use  of  ad- 
joining owners.     L.R.A.1915E,  687. 

♦-•-♦ 


DIVERSE  CITIZENSHIP. 

As  ground    for    Federal    jurisdiction,    see 

Courts,  §§  42,  43. 
Removal  of  cause  to  Federal  court  because 

of,  see  Removal  of  Causes,  §§  7-9. 


DIVERSION. 


See  Devestitube  of  Estates. 


DIVIDED  COURT. 

Conclusiveness  on  subsequent  appeals  of  pri- 
or decisions  by.     34  L.R.A.  346. 


DIVIDENDS. 


Apportionment  of,  see  Apportionment,  §  2. 
Of  stock,  see  Corpok-VTIons,  §§  100-102. 
On  insurance  policy,  see  Insurance,  §  40. 

Interest  on  dividend  declared  by  receiver. 

L.R.A.1917D,  1167. 
Representations    or    estimate    of    insurance 

company  as  to.     L.R.A.1918F,  343. 


DIVISIBILITY. 


Of  contract,  see  Contracts,  §  62. 

Of  insurance,  see  Insurance,  §§  61,  62. 


■♦•» 


DIVISION. 


Of   municipality,   see  Municipal  Coepora- 

tions,  §  13. 
Of  religious  society,  see  Religious  Society, 

§§  4,  5. 
Of  water  rights,  see  Waters,  §  35. 


^*»- 


DIVISION  FENCE. 


See  Fences,  §§  2,  3. 


DIVORCE  AND   SEPARATION. 


II. 


III. 
IV. 


Of  accommodation  paper,  see  Bills  and 
Notes,  §  74. 

From  purpose  for  which  property  was  dedi- 
cated, see  Dedication,  §  8. 

Of  water,  see  Waters,  §§  51,  52,  64,  70,  76. 

Of  property  donated  for  public  library  to 
other  uses.     45   L.R.A. (N.S.)    3fi8. 

Right  of  labor  union  to  divert  trade  from 
one  with  whom  it  is  in  controversy.  1 
B.  R.  C.  245. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  diversion  of  funds  by  municipal- 
ity.    30  L.R.A.(N.S.)    8. 

Right  of  shipper  to  demand  a  redelivery  or 
to  divert  the  property  at  an  inter- 
mediate point.    L.R.A.1918B,  79. 

Uegin  uHth  this  boolc  on  eveitf  latv  question 


In  general,  §§  1-3. 
Suit  for  divorce,  and  jurisdiction 
thereof,  §§  4-19. 

a.  In  general,  §§  4-6. 

h.  Jurisdiction,   §§   7-12. 

c.  Decree  of  divorce,  §§  13-19. 

1.  In  general,  §  13. 

2.  Validity,  effect,  and  con- 

clusiveness, §§   l-i,  15. 

3.  AttacTc  upon,  §§  16-19. 
Grounds,    §§  20-29. 

Defenses ;  collusion;  condonation; 

recrimination,   §§  30-33. 
Alimony ;  counsel  fees,  §§  34-49. 

a.  In  general,   §§  34-40a. 

h.  Independent  suit  for,  §§41, 
42. 

c.  Remedies;    enforcement,    §§ 

42a-45. 

d.  Modification;  termination  of 

right,   §§   4oa—48. 

e.  Lien  for,  §  49. 


INDEX  TO  L.R.A.  NOTES. 


423 


DIVORCE  AND  SEPARATION— cont'd. 
VI.  Effect  on  property  rights,   §§  50- 
54. 
VII.  Custody  and  support  of  children, 
§§  55-37. 
VIII.  Affreemcnts  relating  to  divorce  or 
separation,   §   5S. 

unn  1    .V 

7.  In  general. 

%    1.  Generally. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  14. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law.  §  G8. 

Presumption  and  burden  of  proof  as  to,  see 
EVIDEXCE,   §   29. 

Liability  for  causing  separation,  see  Hus- 
band AND  Wife,  §§  66,  67. 

As  to  remarriage  after  divorce,  see  Mar- 
riage,  §§   3  2,  ]5. 

As  to  annulment  of  marriage,  see  Mar- 
riage, §§  36-20. 

Liability  of  husband  for  necessaries  fur- 
nished wife  while  living  apart  from 
him,  pending  suit  for  divorce.  L.R.A. 
1917A,  966. 

Divorce  or  separation  as  affecting  action 
for  alienation  of  affections  or  criminal 
conversation.     46  L.R.A.  (N.S.)    1084. 

Effect  of  divorce  or  separation  on  domicil 
of  children.     49  L.R A.  (N.S.)   864. 

Status  of  child  begotten  after  divorce  be- 
tween parents.     51  L.R.A. (N.S.)    308. 

Devises  or  bequests  conditioned  upon  divorce 
or  separation,  or  limited  upon  its  con- 
tinuance.     49   L.R.A. (N.S.)    637. 

Maxim  raising  implied  exception  in  statutes 
as  to  divorce.     25  L.R.A.  565. 

Validity  of  agreement  to  marry  on  divorce 
of  present  husband  or  wife.  52  L.R.A. 
660;    1   B.  R.  C.  919. 

Validity  of  divorce  according  to  Indian  cus- 
tom. 35  L.R.A.  (N.S.)  795;  L.R.A. 
1917D,  574. 

Divorced  wife  as  a  "dependent"  within  re- 
strictions as  to  beneficiaries  of  mutual 
benefit  associations.  2  L.R.A.  (N.S.) 
655. 

Belief  that  divorce  from  former  spouse  has 
been  obtained  as  defense  to  prosecution 
for  bigamy.     27  L.R.A.  (N.S.)    1102. 

Seduction  of  divorced  woman.  21  L.R.A. 
(N.S.)   265;  L.R.A.1916D,  458. 

§   2,  Presumption  as  to. 

See  Evidence,  §  29. 

§   3.  Legislative  divorce. 

Validity  of.     18  L.R.A.  95. 

II.  Suit    for    divorce,    and    jurisdiction 
thereof. 

a.  In  general, 

§   4.  Generally. 

Sufficienc3'    of    allegations,    see    Ple.\ding, 

§  32. 
Consult  also  L.R.A.  Digests  of  Cases. 


DIVORCE  AND  SEPARATION,  II.  a— 
cont'd. 

May  original  petition  or  complaint  which 
states  no  cause  of  action  be  aided  by 
supplemental  pleading.  L.RA.19161), 
680. 

Actions  on  behalf  of  insane  persons.  34 
L.R.A.  166. 

Right  to  join  prayer  for  return  of  plain- 
tiff's property  with  prayer  for  divorce. 
29  L.R.A. (N.S.)  819. 

Necessity  of  corroboration  of  admission  or 
testimony  of  party  to  divorce  in  rela- 
tion to  his  or  her  mental  suffering,  in- 
tent, or  other  state  of  mind.  25  L.R.A. 
(N.S.)    45. 

Duty  of  court,  in  absence  of  objection  by 
defendant,  to  dismiss  suit  for  divorce 
because  not  brought  within  the  time 
allowed  by  statute  after  cause  given. 
26  L.R.A. (N.S.)   490.     . 

Pendency  of  suit  for  divorce  or  separation 
as  bar  to  another  suit  in  same  state. 
40  L.R.A. (N.S.)  83. 

§    .5.  Actions  in  different  jurisdictions. 

Suits  for  same  caUse  in  different  jurisdic- 
tions,   59  L.R.A.  187. 

Injunction  against  divorce  suit  in  other 
state.    21  L.R.A.  75. 

§    6.  Compromise  of   suit. 

Validity  of  contract  between  husband  and 
wife  to  compromise  pending  or  con- 
templated divorce  suit.  60  L.R.A. 
406. 


h.  Jurisdiction. 

§   7.  Generally. 

Jurisdiction  in  equity,  see  Equitt,  §  12. 
To  annul  marriage,  see  Marriage,  §  17. 

Jurisdiction  of  chancery  to  decree  nullity 
or  dissolution  of  marriage.  25  L.R.A. 
800. 

Jurisdiction  to  award  temporary  alimony, 
suit  money,  and  counsel  fees,  pending 
appeal  in  divorce  suit.  27  L.R.A. 
(N.S.)  712. 

Jurisdiction  to  award  custody  of  child  tem- 
porarily within  state,  but  domiciled 
elsewhere.     10  L.R.A. (N.S.)   690. 

§   8.  Domicil  or  residence  as  affecting. 

Domicil  as  basis  of  jurisdiction  of  divorce. 
59  L.R.A.  142. 

Questioned  domicil  of  spouse  granted  divorce 
as  basis  of  attack  on  decree.  L.R.A. 
1917B,  439. 

Character  of  residence  essential  to  give  ju- 
risdiction in  divorce  proceeding.  12 
L.R.A.  (N.S.)  1100;  28  L.R.A.  (N.S.) 
992;  L.R.A.  191 5D,  852. 

Local  domicil  or  residence  as  a  condition  of 
jurisdiction  of  action  for  annulment  of 
marriage.    30  L.R.A.  (N.S.)  745. 

Jurisdiction  of  court  of  state  of  matri- 
monial domicil  to  grant  a  divorce  upon 


4£4 


INDEX  TO  L.R.A.  NOTES. 


DIVORCE  AND  SEPARATION,  11.  b— 
cont'd. 

constructive  service  of  process  against 
defendant  who  is  out  of  jurisdiction. 
7  L.R.A.(N.S.)   1127. 

Award  of  alimony  against  nonresident  in 
divorce  suit  involving  international  ele- 
ments.    59  L.R.A.  178. 

Effect  of  appearance  by  nonresident  to  give 
jurisdiction  in  divorce  case.  23  L.R.A. 
287;  59  L.R.A.  169;  L.R.A.1917B,  1041. 

Impeacliing  decree  of  divorce  rendered  in 
another  state  on  ground  of  nonresi- 
dence  or  domicil  of  person  in  whose 
favor  it  was  granted.  23  L.R.A.  (N.S.) 
1254. 

Constitutionality  of  discrimination  as  to 
jurisdictional  requisite  of  residence  in 
divorce  suit.     L.R.A.1916A,  710. 

Kffect  of  immediate  departure  from  state 
after  procuring  divorce.  44  L.R.A. 
(N.S.)  689. 

Necessity  of  alleging  jurisdictional  resi- 
dence in  divorce  proceeding.  12  L.R.A. 
(N.S.)   1197. 

Amendment  of  complaint  in  suit  for  divorce 
or  separation  so  as  to  show  residence 
or  domicil.     48  L.R.A. (N.S.)  779. 

g  9.  —of  wife. 

Domicil  of  wife  for  purposes  of  divorce.    16 

L.R.A.  497 ;  59  L.R.A.  146. 
Right  of  wife  to  acquire  a  separate  domicil 

for  the  purposes  of  a  divorce  suit  by 

her.    38  L.R.A.(N.S.)  297. 

g   10.  Of   person    or    res;    constructive 

service. 
.Award  of  alimony  on  constructive  service, 

see  infra,  §  38. 

Decree  rendered  upon  constructive  service 
(including  effect  in  another  state  or 
country).  19  L.R.A.  814;  59  L.R.A. 
162;  7  L.R.A.(N.S.)  1127;  18  L.R.A. 
(N.S.)  647;  L.R.A.1917B,  1032. 

g   11.  Jurisdiction   of   subject-matter. 

Domicil  as  basis  of  jurisdiction.  59  L.R.A. 
142. 

Place  of  marriage  and  of  original  matri- 
monial domicil.    59  L.R.A.  151. 

Place  of  marital  offense.    59  L.R.A.  154. 

Time  of  marital  offense  relatively  to  acquisi- 
tion of  domicil  at  forum.  59  L.R.A. 
155. 

g  12.  Effect  of  appearance  by  nonresi- 
dent. 

Appearance,  generally.  23  L.R.A.  287;  59 
L.R.A.  169;  L.R.A.1917A,  1041. 

c.  Decree  of  divorce. 

1.  In   general. 

g   IS.  Generally. 

'JCmporary  alimony  or  counsel' fees  pending 
appeal  or  attempt  to  set  aside,  see 
infra,  §  40. 

Suit  for  alimonv  after  decree  of  divorce,  See 
infra.   §   42. 


Begin  unth  this  book  on  every  law  question 


DIVORCE  AND  SEPARATION,  II.  c,  1— 

C(mt'd. 
Right  to  enter  decree  of  divorce  against  the 

objection  of  the  spouse   aggrieved.     22 

L.R.A.(N.S.)   999. 


2.  Validity,   effect,  and  conclusiveness.. 

g   14.  Generally. 

Effect   of   divorce   on    property   rights,    see 

infra,  VI. 
Decree  against  plaintiff  in  suit  for  divorce 
as    bar    to   subsequent   divorce   ac- 
tion.    26   L.R.A. (N.S.)    577. 
Conclusiveness,  as  to  third  persons,  of  de- 
cree in  suit  for  divorce  as  to  the 
facts  adjudicated,  as  distinguished 
from    the    status    established.      38 
L.R.A.(N.S.)      559;     L.R.A.1915C, 
870. 
Judgment  in  civil  action  as  evidence,  in  a 
criminal   prosecution,   to  prove   divorce 
obtained  before  alleged  bigamous  mar- 
riage.    26  L.R.A. (N.S.)   465. 
Validity  of  agreement  to  marry  as  affected 
by  disabilities  imposed  by  decree  of  di- 
vorce.    1  B.  R.  C.  922. 

g    15.  Decree  of  other  state  or  country. 

Attack  on,  see  infra,  §  17. 

Validity  of  divorce  decree  granted  by  court 
of  a  foreign  country.  19  L.R.A. 
515. 

Extraterritorial  effect  of  decree  of  divorce 
rendered  upon  constructive  service.  18 
L.R.A.(N.S.)  647;  L.R.A.1917B,  1032. 

Marrying  out  of  state  contrary  to  decree 
as  contempt  of  court.  40  L.R.A.(N.S.) 
765. 

Invalidity  in  other  state  of  jjersonal  judg- 
ment for  alimony  against  nonresident 
not  personally  served  and  not  appear- 
ing. 9  L.R.A. (N.S.)  593;  L.R.A.1917F, 
1161. 

Valid  decree  of  divorce  granted  in  one  state 
as  affecting  independent  suit  for  ali- 
monv in  another.  34  L.R.A.  (N.S.) 
1106;  L.R.A.1915E,  421. 

Effect,  in  tliird  state,  of  decree  upholding  a 
foreign  divorce.     2  L.R.A. (N.S.)   325. 

Extraterritorial  effect  of  judgment  award- 
ing custody  of  children  upon  divorce  of 
parents.  39  L.R.A.  (N.S.)  988;  L.R.A. 
1915B,  154. 

Effect  of  foreign  divorce  upon  dower.  59 
L.R.A.  181;  41  L.R.A. (N.S.)   219. 


3.  Attacle  upon  decree. 

§16.  Generally. 

Award  of  temporary  alimony  or  counsel  fees 
pending  attempt  to  set  aside  decree  of 
divorce  or  separation,  see  infra.  §  40. 

Contract  made  to  prevent  attack  upon  di- 
vorce decree  as  contrary  to  public  pol- 
icy.    L.R.A.1917F,  621. 

Collateral  attack  in  same  state  on  decree 
of  divorce  rendered  on  publication.  19 
L.R.A.  819. 


INDEX  TO  L.R.A.  NOTES. 


425 


DIVORCEE  AND  SEPARATION,  II.  c,  3— 

cont'd. 
Right  of  third  person  to  have  decree  of  di- 
vorce set  aside.     54  L.R.A.  758. 
Collateral    attack    for    fraud    not    affecting 

jurisdiction     on     judgment     in    divorce 

suit.     36  L.R.A.  (N.S.)    985. 
Right   to   acccept   favorable   part  of   decree 

and  appeal  from  remainder.     29  L.R.A. 

(N.S.)   15. 
Effect    of    immediate   departure   from   state 

after     procuring    divorce.       44    L.R.A. 

(N.S.)   089.- 
Attacks    on    decrees    of    divorce    for    other 

causes  than  lack  of  jurisdiction.    L.R.A. 

1917B,  409. 

§  17.  Iiuiiejicliing  decree  granted  in 
other  state. 

Validity,  effect,  and  conclusiveness  of,  see 
supra,   §   .15. 

On  jurisdictional  facts.  59  L.R.A.  183;  23 
L.R.A.  (N.S.)   1254. 

On  tlie  merits:  fraud.     59  L.R.A.  186. 

Impeaching  decree  of  divorce  rendered  in 
other  state  on  tlie  ground  of  nonresi- 
dence  or  domicil  of  person  in  whose 
favor  it  was  granted.  23  L.R.A. (N.S.) 
1254. 

§  18.  By  party  obtaining  or  consent- 
ing. 

Direct  attack  b^  partv  obtaining  it.  60 
L.R.A.  294^51  L.R.A. (N.S.)   534. 

Application  by  both  parties  to  set  aside  de- 
cree.    60  L.R.A.  290. 

Direct  attack  by  party  who  has  consented 
to.  or  colluded  in,  its  procurement.  60 
L.R.A.  296;   51  L.R.A. (N.S.)    534. 

Collateral  attack.  60  L.R.A.  301;  51  L.R.A. 
(N.S.)   535. 

§  19.  After  death  of  one  or  botii  of 
parties. 

Attack  by  surviving  party.    57  L.R.A.  583; 

1    L.R.A. (N.S.)    551;    44   L.R.A. (N.S.) 

505;  L.R.A.1917B,  486. 
Attack  bv  stranger  to  the  decree.    57  L.R.A. 

599:'    1    L.R.A.(N.S.)     551;    44    L.R.A. 

(N.S.)   509. 
Deatli    of    one    party    pending    appeal.      67 

L.R.A.  603;   44  L.R.A. (N.S.)   509. 

IIJ,  Grounds. 

§   20.  Generally. 

For  annulment  of  marriage,  see  Marriage, 

§  18. 

Hetrospective   effect   of   statute   prescribing 
grounds   of   divorce.     L.R.A.1917C, 
160. 
Constitutionality.      52      L.R.A.      937; 
L.R.A.1917C,   160. 
Effect    of    fact    that    habit   relied    upon    as 
ground  of  divorce  was  contracted  before 
the  marriage.     L.R.A.1918C,   867. 
What  law  determines  the  riglit  to  a  divorce. 

59  L.R.A.  14]. 
Misrepresentation  as  to  disposition  or  gen- 
eral character  as  ground  for  annulling 
marriage.     30  L.R.A.  (X.S.)    .301. 
Consult  also  L.R.A.  Digests  of  Cases, 


DIVORCE      AND     SEPARATION,      III.— 

cont'd. 
Misrepresentations    or    concealment    as    to 

one's    pliysical   or   mental    condition    as 

ground  for  annulling  of  marriage.     13 

L.R.A. (N.S.)   996. 
Bringing   wife   in   contact  with   prostitutes 

as  ground  for  divorce.    43  L.R.A. (N.S.) 

964. 
Failure  to  furnish  support  as  ground  of  di- 
vorce   or    separation.      43    L.R.A, 
(N.S.)    255. 
Separation     as     ground     of     divorce.       49 

L.R.A.  (N.S.)    1034. 
Degeneracy  as  ground  for  divorce.  51  L.R.A. 

(N.S.)    282. 
Failure   to   entertain   wife  or  unsociability 

as  ground  for  divorce.    51  L.R.A. (N.S.) 

460. 

§21.  Duress. 

What  constitutes  duress  for  which  marriage 
may  be  annulled.    27  L.R.A. (N.S.)  803. 

Right  to  avoid  marriage  entered  into  to  es- 
cape prosecution  for  seduction  on 
ground  of  duress.    16  L.R.A. (N.S.)  938. 

§    2  2.   Sexual  relations;  adviltery. 

Charge  of  adultery,  see  infra,  §  23. 

Condonation  of  loathsome  disease  as  defense. 
5  L.R.A. (N.S.)   729. 

Relations  or  association  of  spouse  with  per- 
sons of  opposite  sex  as  cruelty  or 
abusive   treatment.     L.R.A.1918D,   427. 

Bringing  another  woman  into  home  as  cruel 
and  inhuman  treatment.  2  L.R.A. 
(N.S.)   669. 

Refusal  of  marital  intercourse  as.  14 
-L.R.A.  685;  L.R.A.1915B,  770. 

Antenuptial  pretrnancv  or  unchsistity  ai. 
18  L.R.A.  375;  L.R.A.1915E,  650. 

Effect  of  complainant's  knowledge  of 
spouse's  antenuptial  unchastity  as  bar 
to  divorce  for  subsequent  adultery.  23 
L.R.A. (N.S.)   240. 

Husband's  adultery  as  preventing  him  from 
relying  on  wife's  adultery  as  defense 
to  action  for  support.  19  L.R.A. (N.S.) 
468. 

Insanity  as  affecting  adulterv.  34  L.R.A. 
162. 

Adultery  while  insane  as  affecting  claim  for 
alimony.     34  L.R.A.   164. 

Effect  of  wife's  subsequent  adulter}'^  on  al- 
lowance of  alimony.     19  L.R.A.  811. 

Forcing  wife  to  leave  marital  home  by 
adultery  as  desertion.  29  L.R.A. (N.S.) 
017. 

Desertion  or  cruelty  as  recriminatory  de- 
fense to  subsequent  adultery.  39  L.R.A. 
(N.S.)    1135. 

§    23.   Charge  of  adultery. 

In  general.     18  L.R.A. (N.S.)  300;  34  L.R.A. 

(N.S.)   360. 
Cruelty.      18   L.R.A. (N.S.)    303;    34   L.R.A. 

(N.S.)   360. 
Cruel   and   inliuman   treatment.      18   L.R.A. 

(N.S.)    304;    34  L.R.A. (N.S.)    360. 
Extreme  cruelty.     18  L.R.A.  (N.S.)    305;  34 

L.R.A.  (N.S.)    360. 
Intolerable    cruelty.     18    L.R.A.  (N.S.)    307; 
34  L.R.A.  (N.S.)   3fi0. 


426 


INDEX  TO  IaR.A.  notes. 


DIVORCE     AND     SEPARATION,     III.— 

cont'd. 
Extreme  and   repeated   cruelty.     18  L.R.A. 

(N.S.)    307. 
Indignities    rendering  condition   intolerable 

or   life  burdensome.     18   L.R.A.(N.S.) 

308. 
Excesses,  cruel  treatment,  and  outrages  ren- 
dering   living    together    insupportable. 

18  L.R.A. (N.S.)   309. 
Public  defamation.     18  L.R.A. (N.S.)   310. 
Unsafety  of  cohabitation.     18  L.R.A.(N.S.) 

310. 
Abandonment.     18  L.R.A. (N.S.)  310. 
Charges    in    pleadings.      18    L.R.A.  (N.S.) 

311. 
Charges  by  wife.    18  L.R.A.(N.S.)  312. 

g  24.  Almndonnient;  desertion. 

Confinement  in  asylum  or  prison  as  aflect- 
ing  right  to  divorce  upon  the  ground  of 
living  apart,  desertion,  or  abandon- 
ment.    L.R.A.iyi8A,  1186. 

Failure  to  support  as  abandonment  or  de- 
sertion. 29  L.R.A.(N.S.)  618;  43 
L.R.A.(N.S.)  262. 

Inability  of  husband  to  support  himself  or 
wife,  as  an  excuse  for  leaving  her.  52 
L.R.A.(N.S.)'  675. 

Inability  of  husband  to  support  wife  as  ex- 
cuse for  her  refusal  to  live  with  him. 
L.R.A.1915A,  222. 

Refusal  of  marital  intercourse  as  desertion. 
L.R.A.1915B,  771. 

Drunkenness  as  affecting  desertion.  34 
L.R.A.  457. 

Insanity  as  aflfecting  abandonment.  34 
L.R.A.  164. 

Computation  of  period  of  abandonment  *as 
aflfected  by  insanity  of  defendant.  16 
L.R.A.(N.S.)   1071. 

Conviction  as  desertion.     31  L.R.A.  520. 

Charges  of  adultery  as  abandonment.  18 
L.R.A.(N.S.)   310. 

Refusal  of  wife  to  follow  husband,  on 
change  of  domicil,  as  desertion.  4 
L.R.A.  (N.S.)    145. 

Relations  between  one  spouse  and  relatives 
of  the  other  as  aflfecting  the  question 
of  desertion,  13  L.R.A. (N.S.)  222;  34 
L.RJ^.(N.S.)  759;  L.R.A.1915E,  161. 

Desertion  by  forcing  spouse  to  leave  mari- 
tal home.     29  L.R.A. (N.S.)   614. 

Desertion  as  recriminatory  defense  to  subse- 
quent adultery.     30  L.R.A. (N.S.)    1135. 

Subsequent  adultery  as  recriminatory  de- 
fense to  desertion.     L.R.A.1915E,  972. 

Condonation  of  desertion.  39  L.R.A. (N.S.) 
1131. 

§  2  1a.  —effort  to  Indnee  spouse  to  re- 
turn home  as  a  condition  of  deser- 
tion. 

In  general.    39  L.R.A. (N.S.)  1119. 

Duty  of  husband.     39  L.R.A. (N.S.)   1120. 

Duty  of  wife.    39  L.R.A. (N.S.)   1125. 

§   25.  Cruelty. 

Drunkenness  as  affecting  cruel  and  inhuman 

treatment.     34  L.R.A.  454. 
Charge  of  adultery   as  cruelty.     38   L.R.A. 

(N.S.)   303:  34  L.R.A. (N.S.)   360. 
Begin  icith  this  book  on  every  late  question. 


DIVORCE  AND  SEPARATION,  III.— 
cont'd. 

Conviction  as  cruelty  entitling  to  divorce. 
31  L.R.A.  521. 

Bringing  another  woman  into  home  as  cruel 
and  inhuman  treatment.  2  L.R.A. 
(N.S.)    669. 

Relations  or  association  of  spouse  with  per- 
sons of  oj)posite  sex  as  cruelty  or 
abusive  treatment  within  statute  de- 
fining grounds  of  divorce.  L.R.A. 
1918D,  427. 

Relations  between  one  spouse  and  relatives 
of  the  other  as  affecting  the  question  of 
cruelty.  13  L.R.A.  (N.S.)  222;  34 
L.R.A. (N.S.)    759;  L.R.A.1915E.  161. 

Profanity  and  obscenity  as  ground  for  di- 
vorce, as  cruel  and  inhuman  treatment. 
12  L.R.A. (N.S.)   820. 

Cruelty  and  abuse  forcing  spouse  to  leave 
marital  home  as  desertion.  29  L.R.A. 
(N.S.)   615. 

Failure  to  support  as  cruelty.  43  L.R.A. 
(N.S.)   260. 

Refusal  of  marital  intercourse  as  cruelty. 
L.R.A.1915B,  772. 

Subsequent  adultery  as  recriminatory  de- 
fense to  cruelty.     L.R.A.1915E,   972. 

Cruelty  as  recriminatory  defense  to  subse- 
quent adultery.     39  L.R.A. (N.S.)   1135. 

§26.  Drunltenness. 

Drunkenness  as  a  ground  for  divorce.  34 
L.R.A.  449. 

Drunkenness  as  aflfecting  cruel  and  in- 
human treatment.     34  L.R.A.  454. 

Drunkenness  as  aflfecting  desertion.  34 
L.R.A.   457. 

Drunkenness  as  aflfecting  validity  of  mar- 
riage.    34  L.R.A.  87. 

Who  is  an  habitual  drunkard  within  the 
meaning  of  divorce  laws.  6  L.R.A» 
(N.S.)   914;  40  L.R.A. (N.S.)  655. 

Pleadings  and  proof  in  action  on  ground  of 
drunkenness.     34  L.R.A.  452. 

Reformation  as  aflfecting  right  to  divorce  on 
ground  of  drunkenness.  L.R.A.1917D, 
364. 

§  27.  Use  of  drugs. 

Morphinism  as.     39  L.R.A.  264. 
Reformation  as  aflfecting  right  to  divorce  on 

ground  of  use  of  drugs.     L.R.A.1917D, 

364. 

§   28.  Insanity. 

Mental  incapacity  at  time  of  marriage  a» 

ground.     40  L.R.A.  741. 
Insanity  as  a  ground  for  divorce.    34  L.R.A. 

161;  39  L.R.A.  264. 
Insanity   as   aflfecting  adultery.     34   L.R.A. 

162. 
Insanity  as  aflfecting  abandonment  and  fail- 

nre  to  support.    34  L.R.A.  164. 
Insanity    as    aflfecting    cruelty.      34    L.R.A. 

164. 
The  defense.    34  L.R.A.  166. 
Actions   on    behalf   of   insane    persons.      34 

L.R.A.   106. 
Computation   of   period  of  abandonment  as 

aflfected   by   insanity   of  defendant.     16 

L.R.A.  (N.S.)   1071. 


INDEX  TO  L.R.A.  NOTES. 


427 


DIVORCE     AND     SEPARATION,     III.— 

cont'd. 
§   2  9.  Conviction  and  sentence. 

In  general.     31  L.R.A.  515. 

Necessity  of  a  conviction.     31  L.R.A.  518. 

Effect   of   an    appeal    from    conviction.      31 

L.R.A.  518. 
Effect  of  commutation  of  the  sentence  or  of 

a    pardon.      31    L.R.A.    519;    7    L.R.A. 

(N.S.)    272. 
Conviction    in    another    state.      31    L.R.A. 

519. 
Retroactive    effect    of    statute.      31    L,R.A. 

520. 
Allegation    of    infamous   crime.     31    L.R.A. 

520. 
Where    crime    is    prior    to    marriage.  ,    31 

L.R.A.  520. 
Conviction  as  desertion.     31   L.R.A.  520. 
Confinement  in  prison  as  affecting  right  to 

divorce  upon  the  ground  of  living  apart, 

desertion,      or     abandonment.       L.R.A. 

1918A,  1186. 
Classed  with  cruelty.    31  L.R.A.  521. 
Conviction  as  a  bar  to  divorce  by  the  party 

convicted.     31  L.R.A.  521. 

IV.  Defenses;    collusion,'    condonation; 
recrini  ination, 

§   30.  Generally. 

Insanity  as  defense.    34  L.R.A.  166. 

Computation  of  period  of  abandonment  as 
affected  by  insanity  of  defendant.  16 
L.R.A.(N.S.)   1071. 

In  action  for  divorce  on  ground  of  drunken- 
ness.    34  L.R.A.  453. 

Conviction  as  bar  to  divorce  by  party  con- 
victed.     31   L.R.A..   521. 

Inability  of  husband  to  support  himself  or 
wife  as  an  excuse  for  leaving  her.  52 
L.R.A. (N.S.)    075. 

Reformation  as  affecting  right  of  divorce 
on  ground  of  drunkenness  or  use  of 
drugs.    L.R.A.1917D,  364. 

§   31.  Collusion;   connivance. 

Attack  on  collusive  divorce  decrees.  60 
L.R.A.  297,  305;  51  L.R.A.  (N.S.)  535; 
L.R.A.1917B,  460. 

In  appearance  by  nonresident  in  divorce 
case.     23  L.R.A.  288. 

§   32.  Condonation. 

Condonation    of    matrimonial    offenses.      6 

B.  R.  C.   589. 
Desertion.     6  B.  R.  C.  635;   39  L.R.A. 

(N.S.)    1121,  1126. 
Loathsome  disease.   5  L.R.A. (N.S.)  729. 
Antenuptial      unchastity.      23,     L.R.A. 

(N.S.)    240. 
Attack  on  divorce  decrees  based  on  condona- 
tion  pending  the  divorce  suit.     L.R.A. 
1917B,  462. 

§   3  3.  lltcrimination. 

Husband's  adultery  as  preventing  him  from 
relying  on  wife's  adultery  as  defense  to 
an  action  for  support.  19  L.R.A. (N.S.) 
468. 

Effect  of  pardon  or  commutation  of  sentence 
of  criminal  on  conjugal  rights.  31 
L.R.A.  519:   7  L.R.A. (N.S.)    272. 

Consult  also  L.R.A.  Digests  of  Cases. 


DIVORCE  AND  SEPARATION,  IV.— 
cont'd. 

Desertion  or  cruelty  as  a  recriminatory  de- 
fense to  subsequent  adultery.  39  lCr.A. 
(N.S.)    1135. 

Subsequent  adultery  as  recriminatory  de- 
fense to  desertion  or  cruelty.  L.R.A. 
1915E,  972. 

F.  Alimony;   counsel   fees, 
a.  In  ffcneral. 

§  34.  Generally. 

Contitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  68. 

Equity  jurisdiction  to  allow,  see  Equity, 
§  12. 

Wife's  liability  for  legal  services,  see  Hus- 
band AND  Wife,  §  23. 

Lien  for,  see  Liens,  §  13. 

In  proceedings  for  annulment  of  marriage, 
see  Marriage,  §  20. 

Attack  on  provisions  as  to  alimony  in  de- 
crees of  divorce.     L.R.A.  1917B,  493. 

Estoppel  of  divorced  spouse  to  attack  de- 
cree by  accepting  alimony.  L.R.A. 
1917B,  501. 

Power  to  amend  decree  of  divorce  by  adding 
provision  for  alimony.  L.R.A.1917D, 
325. 

Construction  of  decree  for  alimony  in  real 
property  as  regards  the  nature  of  tlie 
estate  provided  for.     L.R.A.] 918B,  868. 

Appointment  of  trustee  to  protect  alimony. 
38  L.R.A.  (N,S.)   270. 

Necessity  and  sufficiency  of  service  of  notice 
of  application  for  alimony  or  support, 
or  for  change  of  allowance  in  that  re- 
gard, after  decree  of  divorce  or  separ- 
ation.    L.R.A.1915B,  674. 

Right  to  alimony  as  affected  by  circumstance 
that  wife  is  in  prison  or  other  institu- 
tion.    3  B.  R.  C.  551. 

Appeal  as  affecting  decree  for  permanent 
alimony.     L.R.A.1915B,  1071. 

Amount  of  permanent  alimony  on  absolute 
divorce.     44  L.R.A. (N.S.)    998. 

Husband's  prospects  as  basis  for  alimony. 
4  L.R.A. (N.S.)   909. 

Right  of  wife  against  whom  an  absolute  di- 
vorce isgranted  to  permanent  alimony. 
20  L.R.A.  (N.S.)  421;  30  L.R.A.  (N.S.) 
73. 

Liability  of  guardian  for  alimony  in  di- 
vorce proceedings  instituted  by  or 
against  the  ward.  15  L.R.A.  (N.S:^ 
1034. 

Assignability  of  decree  for  alimony.  7 
L.R.A.  (N.S.)   179. 

Liability  of  alimony  for  debts.  32  L.R.A. 
(N.S.)  270. 

Judgment  for,  as  a  fixed  liability  for  pur- 
poses of  bankruptcy  act.  54  L.R.A. 
369. 

§   3  5.  Agi'eements  as   to. 

Validity  of  agreement  made  after  divorce 
as  a  substitute  for  an  award  of  ali- 
mony.    35  L.R.A. (N.S.)   1167. 


428 


IN1>EX  TO  L.R.A.  NOTES. 


DIVORCE  AXD  SEPARATION,  V.  a— 
cont'd. 

Validity  of  mticipatory  contract  makin? 
provi»ion  for  wife  in  the  event  of  her 
obtaining  a  divorce  for  subsequent  fault 
of  tusband.  23  L.R.A.  (N-S.)  880; 
L-R.A.1918A,  384. 

Vikli^ity  of  agreement  to  pay  attorney  a 
percentage  of  amount  obtained  as  ali- 
mony.    33  L.R.A.  (N.S.)    1074. 

Agreement  releasing  husband  from  obliga- 
tions or  providing  for  wife's  support, 
not  made  during  the  pendency  of  di- 
vorce proceedings,  as  alfecting  right  to 
alimony.     L.R.A. 191GB,   92L 

§  36.  In  isuit  iiivoiviug  internationui 
eluiiiciit!^. 

Award  of  alimony  on  constructive  service. 
59  L.R.A.  178.     • 

g   37,  Allowance  to  liiisband. 

Permanent  allowance.      34    L.R.A.    110;    25 

L.R.A.(N.S.)    234. 
Alimony  pendente  lite.     34  L.R.A.   115;   25 

L.R.A. (N.S.)   234. 
Eoglisli  cases.    34  L.R.A.  115. 


Right 


§  38.  .\\vard  of,  on  constructive  serv- 
ice. 

Power  to  grant  alimony  without  personal 
service  of  process  in  state  (including 
elTeet  of  the  award  in  other  state  or 
country).  16  L.R.A.  234;  59  L.R.A. 
178;  9  L.R.A.(N.S.)  593;  L.R.A.1917F, 
1161. 

§39.  Temporary  alimony;  suit  money. 

Right  to  temporary  alimony  on  annulment 
of  marriage.    26  L.R.A. (N.S.)  500. 

Alimony  pendente  lite  or  counsel  fees  in 
suit  for  divorce  when  marriage  is  de- 
nied.    25  L.R.A.  (N.S.)    387. 

Husband's  liability  for  services  rendered  to 
wife  in  divorce  suit.     24  L.R.A.  629. 

Liability  of  husband  on  wife's  contract  for 
attorneys'  fees  in  divorce  proceedings. 
13  L.R.*A.(N.S.)  244;  L.R.A.1915C,  467. 

Power  of  court  to  allow  attorneys'  fees  in 
divorce  suit  after  reconciliation  of  par- 
ties.    36  L.R.A.  (N\S.)    1001. 

Validity  of  agreement  to  pay  attorney  a 
percentage  of  amount  obtained  as  ali- 
mony.    33  L.R.A. (N.S.)    1074. 

Liability  of  guardian  for  suit  money  in  di- 
vorce proceedings  against  ward.  15 
L.R.A.(N.S.)    1034. 

Refusal  to  proceed  with  trial  of  divorce 
suit  because  of  noncompliance  with 
order  to  pay  temporary  alimony,  suit 
money  or  counsel  fees.  L.R.A.1915E, 
567. 

Modification  of  decree  for,  because  of  sub- 
sequent misconduct  of  wife.  45  L.R.A. 
(N.S.)  875. 

Condonation  of  matrimonial  oflfense  as  pre- 
cluding allowance  of  counsel  fees  in 
pending  suit.     6  B.  R.  C.  (539. 

Husband's  right  to.  34  L.R.A.  115;  25 
L.R.A. (N.S.)   234. 

Begin  with  this  book  on  every  law  qtteation 


DIVORCE    AND    SEPARATION,    V.    a— 

cont'd. 
§4  0.  —pending  attempt  to  reverse  or 

set  aside  decree. 

Jurisdiction    to   award   temporary   alimony, 
suit  money,  and  counsel  fee  pend- 
ing an  appeal  in  divorce  suit.     27 
L.R.A.(N.S.)      712;      L.R.A.1916F 
1259. 
Power  to  award  temporary  alimony  or  coun- 
sel  fees   pending   attempt   to   set  aside 
decree    of    divorce    or    separation.      24 
L.R.A.  (N.S.)    10J5. 
Remedy  pending  appeal  from  decree  in  di- 
vorce suit   for   failure  to  comply  with 
order    for    payment   of    temporary   ali- 
mony, suit  money  or  counsel  fees.     51 
"L.R.A.  (N.S.)   1119. 

§   40a.  —  wife's  liability. 

In  general.    24  L.R.A.  634;  34  L.R.A. (N.S.) 

1080;   L.R.A.1917F,  362. 
Wife's,  promise  to  pay.    24  L.R.A.  635. 
English  decisions.     24  L.R.A.  636. 

b.  Independent  suit  for. 

§   41.  Generally. 

Power,  in  absence  of  statute,  to  decree  ali- 
mony or  maintenance  independent- 
ly of  proceedings  for  divorce.  38 
L.R.A.(N.S.)  950. 
of  wife  in  fault  for  separation  to 
separate  maintenance.  49  L.R.A. 
(N.S.)   86. 


§   4  2.  —after  decree  of  divorce. 

Generally.     21   L.R.A.  677. 

Limitations  and  exceptions.     21  L.R.A.  678. 

English  cases.     21  L.R.A.  679. 

After  legislative  divorce.    21  L.R.A.  679. 

Valid  divorce  granted  in  one  state  as  affect- 
ing independent  suit  for  alimony  in  an- 
other. 34  L.R.A.(N.S.)  1106;  L.R.A. 
1915E,  42L 

c.  Remedies;  enforcement. 

§   42a.  Generally. 

Failure  to  pay  alimony  or  allowance  for 
support  as  a  criminal  offense.  42  L.R.A. 
(N.S.)   1055. 

Enforcement  of  claim  for  alimony  against 
exemptions.     50  L.R.A. (N.S.)    (597. 

Constitutionality  of  statute  for  the  enforce- 
ment of  decree  for  alimony  or  for 
punishment  for  disobedience  thereof. 
L.R.A.1918F,  424. 

§  43.  By  contempt  proceedings  to  com- 
pel  payment. 

Doctrine*  of  contempt.     24  L.R.A.  433. 

Constitutionality  of  contempt.  24  L.R.A. 
434. 

When  contempt  proceedings  may  be  resort- 
ed to.     24  L.R.A.  435. 

Evidence  in  support  of.    24  L.R.A.  436. 

Necessity  of  service  of  order.  24  L.R.A. 
436. 

Necessity  of  demand  of  payment.  24  L.R.A. 
437.' 

Necessity  of  notice  of  application.  24 
L.R.A.  437. 


INDEX  TO  L.R.A.  NOTES: 


429 


DIVORCE    AND    SEPARATION,    V.    c— 

cont'd.    ' 
Right  of  defendant  to  be  heard.     24  L.R.A. 

•    437. 
Excuses  for  nonpayment.     24  L.R.A.  437. 

Inability   to   pay.     24   L.R.A.    437;    30 
L.R.A.(N.S.)      1001;     L.R.A.iyi7C, 
97. 
Commitment  refused.     24  L.R.A.  438. 
Application  for  relief.     24  L.R.A.  438. 
Power  of  court  to  inquire  into.     24  L.R.A. 

439. 
State    statutes    and    decisions    thereunder. 

24  L.R.A.  439. 
English  decisions.    24  L.R.A.  442.' 

§   44.  By  imprisonment. 

Enfortiing  paynjent  of  alimony  as  imprison- 
ment for  debt.  34  L.R.A.  665;  17 
L.R.A.(N.S.)     1140;    L.R.A.1915B,    651. 

Remedy  for  the  enforcement  against  dece- 
dent's estate  of  alimony  which  had  ac- 
crued prior  to  his  death.  18  L.R.A. 
(N.S.)  257. 

§    45.   Outside  of  state. 

Enforcing  award  of,   in   another  state.     59 

L.R.A.   178. 
Equitable  jurisdiction  to  enforce  a  foreign 

decree    for    alimony.      9    L.R.A. (N.S.) 

1071. 
Action    to   recover    instalments   of   alimony 

accruing    under    a    decree    rendered    in 

another   state.      9    L.R.A. (N.S.)    1168; 

28  L.R.A. (N.S.)   1068. 

d.  Modification;    termination    of   right. 

§   45a.  Generally. 

Necessity  and  sufficiency  of  service  of  no- 
tice of  application  for  change  of  ali- 
mony after  decree  of  divorce  or  sepa- 
ration.    L.R.A. 1915B,  674. 

Modification  because  of  changed  conditions. 
44  L.R.A.  (N.S.)    1026. 

Power  to  modify  alimony  awarded  by  a  de- 
cree of  absolute  divoi'ce  in  the  absence 
of  reservation  by  decree  or  statute. 
L.R.A. 1917F,  729. 

§   4  6.  Effect  of  wife's  misconduct. 

Modification  of  decree  for  alimony  because 
of  subsequent  misconduct  of  former 
wife.  19  L.R.A.  811;  45  L.R.A.(N.S.) 
875. 

Adultery  while  insane  as  affecting  claim  for 
alimony.     34  L.R.A.  164. 

8   47.  Effect  of  second  marriage. 

Generally.  62  L.R.A.  974;  L.R.A.1915F, 
820. 

Remarriage  of  husband.  62  L.R.A.  975; 
L.R.A.1915F,  820. 

Remarriage  of  wife.  62  L.R.A.  975;  L.R.A. 
1915F,  821. 

Effect  of  intermarriage  of  parties  to  a  di- 
vorce upon  right  to  alimony  or  pro- 
vision in  lieu  of  alimony.  3  L.R.A. 
(N.S.)   923. 

§   4  8.  Effect  of  husband's  death. 

Does  alimonv  terminate  on  the  death  of  the 

husband.     2  L.R.A.  (N.S.)   232. 
Consult  also  L.R.A.  Digests  of  Cases. 


DIVORCE    AND     SEPARATION,    V.    d— 

cont'd. 
§    4  8a.  Effect  of  wife's  death. 

Death  of  wife  as  affecting  alimony.  L.R.A. 
1916B,  854. 

e.  Lien   for. 

§    4  9.  Generally. 

Validity  of  provision  in  decree  for  alimony 
declaring  a  lien  on  husband's  person- 
alty.    30  L.R.A.  (N.S.)    1062. 

Money  decree  for  permanent  alimony  or 
separate  maintenance  as  lien  on  real 
property.  25  L.R.A. (N.S.)  132;  L.R.A. 
1916B,  652. 

TI.  Effect   on  property    rigJits. 

§    50.  Generally. 

Effect  of  decree  of  divorce  generally,  see 
supra,  §§   14,   15.  , 

Effect  of  annulment  of  marriage,  see  Mar- 
riage, §  19. 

Right  of  divorced  husband  or  wife  to  contest 
will  of  former  spouse.  L.R.A.1918A, 
466. 

Attack  on  provisions  in  divoi'ce  decrees  in 
respect  of  division  of  property.  L.R.A. 
1917B,  494. 

Effect  of  divorce  in  another  state  upon  prop- 
erty rights,  generally.    59  L.R.A.  178. 

Effect  of  divorce  upon  conveyance  by  hus- 
band to  wife.     09   L.R.A.  379. 

Effect  of  divorce  on  property  held  by  the 
entireties.  30  L.R.A.  333:  10  L.R.A. 
(N.S.)  463;  L.R.A.1915C,  396. 

On  community  property,  in  absence  of  ad- 
judication,    n   L.R.A. (N.S.)    103. 

Applicability  of  statutory  provision  for  res- 
toration of  property  in  case  of  di- 
vorce, to  voluntary  gifts  or  convey- 
ances.    39  L.R.A. (N.S.)    193. 

Divorce  as  equivalent  of  death  for  purpose 
of  terminating  a  trust.  L.R.A.1915E, 
762. 

§   51.  On  homestead  rights. 

Effect  of  divorce  on  homestead.  23  L.R.A. 
239;    16   L.R.A.  (N.S.)    114. 

On  partition  of  homestead.  4  L.R.A. (N.S.) 
786. 

On  "family"  under  homestead  and  exemp- 
tion laws.  4  L.R.A.  (N.S.)  396;  L.R.A.' 
i917C,  371. 

Divorced  wife  as  head  of  family  within 
homestead  or  exemption  laws.  51 
L.R.A.  (N.S.)    112L 

Effect  of  dissolution  of  marriage  after 
initiation  but  before  consummation  of 
right  under  homestead  entry.  7  L.R.A. 
(N.S.)    967. 

Money  decree  for  permanent  alimony  or 
separate  maintenance  as  Ijen  on  home- 
stead. 25  L.R.A.  (N.S.)  137;  L.R.A. 
1916B.  652. 


§    52.   On  dower  rights. 

Effect  on  dower  of  divorce  in  another  state. 
15  L.R.A.  542;  59  L.R.A.  181;  41  L.R.A. 
(N.S.)  219. 


430 


INDEX  10  L.R.A.  NOTES. 


DIVORCE 

cont'd. 
§   5S.  On       rights 

pulicy. 
See  Insubance,  §  191 


AND     SEPARATION,     VII.— i  DIVORCE     AND     SEPARATION,     VII.— 

cont'd. 
under       insurance    Right  to  modify  allowance  for  maintenance 
of  child  awarded  by  decree  of  absoli^te 
divorce,    in   absence   of   reservation    by 
decree  or  statute.     L.R.A.1917F,  731. 


§   54.  On  rights  under  will. 

See  Wills,  §  126. 

r//.  Custody  and  support  of  children. 

§  55.  Custody. 

As  to  custody  and  support  of  children,  gen- 
erally, see  Infants,  II. 
Validity  of  contract  as  to,  see  Contracts, 

§  87a. 

Attack  on  provisions  as  to,  in  divorce  de- 
crees.    L.R.A.1917B,  495. 

Father's  liability  for  support  of  children  as 
affected  by  decree  awarding  custody  to 
mother.     2  L.R.A. (N.S.)   861. 

Necessity  of  consent  or  notice,  to  parents 
who  are  divorced  or  living  apart,  on 
adoption  of  child.  30  L.R.A. (N.S.) 
151* 

-Jurisdiction  of  court  to  award  custody  of 
children  after  prayer  for  divorce 
has  been  withdrawn  or  dismissed. 
35  L.R.A.(N.S.)  1159;  L.R.A. 
1917D,  976. 

Effect  of  death  of  parent  to  whom  custody 
of  child  was  awarded  upon  rights  of 
surviving  parent.    20  L.R.A. (N.S.)  171. 

Effect  of  provision  in  decree  of  divorce  or 
separation  on  right  of  parent  to  cus- 
tody of  child.    41  L.R.A.  ( N.S.  y  597. 

Remedy  for  refusal  to  permit  access  to  or 
visitation  of  children  as  provided  by 
decree  of  divorce.    L.R.A.1917B,  290. 

§  56.  —outside  of  jurisdiction. 

Custody  of  children  when  interstate  or  in- 
ternational elements  involved  (includ- 
ing recognition  and  effect  of  decree  in 
other  state).  59  L.R.A.  177;  7  L.R.A. 
(N.S.)  306;  10  L.R.A. (N.S.)  690;  39 
L.R.A.(N.S.)   988:  L.R.A.1915B,  154. 

g    5  7.  Support. 

Validity  of  contract  as  to,  see  Contbacts, 
§  87a. 

Attack  on  provisions  as  to,  in  divorce  de- 
crees.    L.R.A.1917B,  495. 

Power,  on  annulling  marriage,  to  require 
man  to  provide  for  support  of  child. 
5  L.R.A.(N.S.)  767. 

Recovery  by  mother  against  father  for 
money  expended  in  support  of  children 
after  divorce.     38  L.R.A. (N.S.)    509. 

Liability  of  father  for  support  of  children 
as  affected  by  decree  awarding  custody 
to  motI»€r.    .2  L.R.A.  (N.S.)   851. 

Does  contractual  obligation  or  provision  in 
decree  of  divorce  or  separation  for  the 
support  of  a  child  survive  the  death  of 
the  obligor.    48  L.R.A. (N.S.)  429. 

Power  to  amend  decree,  of  divorce  by  adding 
provision  for  support  of  children. 
L.R.A. 1917D.  329. 


VHI.  Agreements    relating    to    divorce 
or  separation. 

§   58.  Generally. 

How  far  articles  of  separation  a  bar  to  di- 
vorce.    6  L.R.A.  487. 

Wife's  right  to  sue  husband  on  separation 
agreement.     5  L.R.A. (N.S.)   613. 

Validity  of  agreement  between  husband  and 
wife  renouncing  marital  rights.  12 
L.R.A.  (N.S.)    848. 

Settlement  of  property  rights  between  hus- 
band and  wife  on  account  of  divorce  as 
implied  revocation  of  will.  20  L.R.A. 
(N.S.)    1073. 

Validity  of  contract  between  husband  and 
wife  to  compromise  pending  or  con- 
templated divorce  suit.     60  L.R.A.  40G. 

Validity  of  agreement  made  after  divorce  as 
substitute  for  award  of  alimony.  35 
L.R.A.(N.S.)    1167. 

Validity  of  anticipatory  contract  making 
provision  for  wife  in  event  of  her  ob- 
taining a  divorce  for  subsequent  fault 
of  husband.  23  L.R.A.(N.S,)  880; 
L.R.A.1918A,  384. 

Validity  of  contract  upon  condition,  or  in 
consideration,  of  procuring  divorce. 
44  L.R.A. (N.S.)  379. 

Effect  of  reconciliation  on  separation  agree- 
ment.    43  L.R.A. (N.S.)   1219. 

Validity  of  contract  by  third  person  to  pay 
one  spouse  to  return  to  the  other.  31 
L,R.A.(N.S.)  441. 


DOCKAGE. 


Action  on  contractor's  bond  for  expense  of 
dockage.     43  L.R.A. (N.S.)    170. 


DOCKET. 

Docketing  of  judgment,  see  Judgment,  §  14. 

Injunction  against  judgment  for  irregular- 
ities in.    30  L.R.A.  709. 

Time  for  docketing  cause  on  error  or  appeal 
to  Federal  Supreme  Court.  66  L.R.A. 
850. 


DOCKS. 


See  Wharves. 


DOCK  WARRANT. 


Begin  with,  this  book  on  every  law  question. 


Effect  of  putting  dock  warrant  indorsed  in 
blank  into  another's  possession  to  estop 
owner  as  against  purchaser  in  good 
faith.    29  L.R.A. (N.S.)  255. 


INDEX  TO  L.R.A.  NOTES. 


431 


DOCUMEXTARY  EVIDENCE. 

In  general,  see  Evidence,  V. 
Weight  of,  see  Evidence,  §§  305-308. 


DOCUMENTS. 


Production  and  inspectign  of,  see  Discov- 
ery AND  Inspection,  §§  3,  4. 
As   evidence,   see  Evidence,   V. 

Particularity  required  in  description  of  doc- 
uments in  subpoena  duces  tecum.  31 
L.R.A.(N.S.)   835. 

Incorporation  of  extrinsic  document  into 
will.    68  L.R.A.  353. 

Use  of  photograph  of,  as  evidence.  35 
L.R.A.  811;  61  L.R.A.  (N.S.)   857. 

'Concealment  or  failure  to  produce  as  ground 
for  disbarment  or  suspension  of  attor- 
ney.    L.R.A. 1917B,  384. 


DOG  COLLAR. 


Loss  of  collar  as  defense  to  prosecution  for 
keeping  dog  without  collar.     42  L.R.A, 

(N.S.)  437. 


DOGS. 

In  general,  see  AnimAIs. 

Liability  of  railroad  company  for  injury  to, 

see  Railkoads,  §  76. 
Injury  to,  on  street  car  tracks,  see  Street 

Railways,  §  15. 


DOING  BUSINESS. 

By  foreign  corporation,  see  Cobpobations, 

§§  145-148. 


DOLLARS. 


Omission  of  dollar  sign  or  word  dollars 
from  verdict  or  a  judgment.  35  L.R.A. 
(N.S.)   653. 


DOMESTIC  ANIMALS. 

See  Animals. 


DOMESTIC    COMMERCE. 

State  control  of,  see  Commerce,  §  3. 
■Consult  also  L.R.A.  Digests  of  Cases, 


DOMESTIC  RELATIONS. 

In  general,  see  Divorce  and  Sepa?.ation; 
Guardian  and  Ward;  Husband  and 
Wife;  Infants;  Marriage;  Master 
and  Servant;  Parent  and  Child. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §§  13-17. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §§  68,  82-87,  153. 


D03IESTIC  RE3IEDY. 

Administration  of,   for  pay,   as   practising 
medicine.     12  L.R.A. (N.S.)    1094. 


DOMESTIC   SERVICE. 

As  a  family  expense  or  necessary  within 
statute  rendering  wife  or  her  property 
liable  therefor.     L.R.A.1917F,  863. 


DOMESTIC  USE. 


Public  supply  of  water  for,  see  Waters,  ITI. 

Correlative  use  of  upper  and  lower  proprie- 
tors as  to  use  of  water  for.  41  L.R.A. 
739. 


DOMICIL  AND  RESIDENCE. 

§   1.  Generally. 

Of  corporation,  see  Corporations,  §  11. 

Jurisdiction  as  affected  by  residence,  see 
Courts,  §§  19-26. 

In  divorce  suit,  see  Divorce  and  Separa- 
tion, §§  8,  9. 

Of  voter,  see  Ei,ections,  §  4. 

As  to  nonresidents,  see  Nonresidents. 

Residence  of  poor  persons,  see  Poor  and 
Poor  Laws,  §  2. 

Extraterritorial  effect  of  judgment  fixing 
domicil.     L.R.A.1917C,  185. 

Domicil  or  residence  when  boundary  line 
runs  through  dwelling.  10  L.R.A. 
(N.S.)   874. 

Domicil  as  affecting  governing  law  of  chat- 
tel mortgage.     64  L.R.A.  363,  366. 

Domicil  as  affecting  governing  law  of  as- 
signment for  creditors.     65  L.R.A.  365. 

Domicil  as  affecting  governing  law  of  matri- 
monial capacity.  57  L.R.A.  161;  43 
L.R.A.(N.S.)  355. 

Domicil  as  affecting  governing  law  of  matri- 
monial property.     57  L.R.A.  353. 

Residence  as  affecting  governing  law  in  ac- 
tion for  death  or  bodily  injury.  56 
L.R.A.  218.  '. 

Commercial  domicil  as  affecting  national 
character.     7  B.  R.  C.  835. 

Residence  as  a  qualification  of  grand  juror. 
28  L.R.A.  196. 


432 


INDEX  TX)  L.R.A.  NOTES. 


DOMICIL  AND  RESIDENCE— cont'd. 

Unknown  distiualification  of  juror  because 
of,  as  ground  for  new  trial,  50  L.R.A. 
(N.S.)   y75. 

Right  to  testify  as  to  intent  with  respect 
to.    23  L.R'.A,(N.S.)   397. 

Presumption  of  citizenship  from  residence. 
8  L.R.A.  (N.S.)    1245. 

Where  process  may  be  served  under  statutes 
providing  for  constructive  service  by 
leaving  it  at  one's  usual  place  of  abode, 
residence,  or  the  like.  21  L.R.A. (N.S.) 
344. 

Service  on  resident  in  action  at  law  by  leav- 
infi  copv  at  residence.  35  L.R.A. (N.S.) 
293;  L.R.A.1917C,  1143. 

Requiring  one's  residence  to  be  stated  in 
notice  of  accident  or  injury  as  condi- 
tion of  municipal  liability.  20  L.R.A. 
(N.S.)   938. 

Residence  as  condition  of  patent  under  Fed- 
eral homestead  entry.  42  L.R.A. (N.S.) 
752. 

g  2.  Of  infant. 

Residence  of  pupils,  see  Schools,  §  6. 

Generally.    49  L.R.A. (N.S.)  860. 

Adopted  children.     49  L.R.A.(N.S.)   863. 

Illegitimate  child.     49  L.R.A.(N.S.)    863. 

Separation  of  parents.  49  L.R.A. (N.S.) 
864. 

Divorce  of  parents.     49  L.R.A. (N.S.)   864. 

Death  of  father,  mother  surviving.  49 
L.R.A.  (N.S.)    866. 

Change  by  guardian.    49  L.R.A. (N.S.)  869. 

Domicil  of  infant  after  death  of  both  par- 
ents.    49  L.R.A. (N.S.)  875. 

Agreement  by  parent  as  to  domicil  of  child. 
27  L.R.A.  61. 

Child's  right  in  parents'  homestead  as  af- 
fected by  domicil  of  child.  56  L.R.A. 
62. 

g  3.  Of  married  woman. 

in  divorce  suit,  see  Divorce  and  Separa- 
tion, §  9. 

Domicil  as  affecting  capacity  of  married 
woman  to  contract.  57  L.R.A.  513; 
L.R.A.1916A,  1054. 

%  4.  Of  officer. 

Residence  as  requisite  to  eligibility  of  offi- 
cer, see  Officers,  §  8. 

Domicil  of  consul.     45  L.R.A.  587. 

Constitutionality  of  statute  making  resi- 
dence within  the  district  a  qualifica- 
tion of  a  public  officer.  32  L.R.A. 
(N.S.)   835. 

g  5.  Of  decedent. 

Domicil  of  decedent  as  affecting  governing 
law  with  respect  to  le'.'itimacv  or  adop- 
tion. 65  L.R.A.  177:  21  L.R..A.(N.S.) 
670:  2.1  L.R.A.  (N.S.)  1285;  L.R.A. 
191 6A,  666. 

Resi(h-nco  of  deceased  as  affecting  validity 
of  acts  by  executor  or  administrator 
under  letters  testamentary  or  of  admin- 
istration afterwards  revoked  or  held 
invalid.    21  L.R.A.  1.50. 

Begin   Kith  this  hnch-  oji  every  Jau-  question 


DOMICIL  AND  RESIDENCE— cont'd. 
§   6.  Change  of. 

Effect  of  change  of  domicil  after  execution 
of  will,  on  its  validity  as  to  personal 
property.    2  L.R.A.  (N'S.)   419. 

Requiring  one's  residence  to  be  stated  in 
notice  of  accident  or  injury  as  condi- 
tion of  municipal  liability.  20  L.R.A. 
(N.S.)   938:  35  L.R.A. (N^S.)    840. 

Change  of  residence  as  affecting  right  to  act 
as  executor  or  administrator.  1  L.R.A. 
(N.S.)    341. 

Change  of  domicil  of  infant  by  guardian. 
49  L.R.A.  (N.S.)    869. 

§    7.  — ho>w  effected. 

Hiring  room  in  hotel  or  lodging  house  a» 
affecting  domicil  or  residence.     L.R.A. 
1917D,  788. 
Change   of   domicil   as   affected   by  removal 
for  benefit  of  health.     9  L.R.A, (N.S.) 
11.59. 
Domicil    cr    residence    for    taxation    as   af- 
fected bv  purpose  to  obtain  school  facili- 
ties.   L.R.A.1917A,  290. 
Going  to  another  state,  county,  or  district 
to  teach  school  or  preach,  as  effecting 
a  change  of  domicil   or   residence.^  22 
L.R.A. (N.S.)   996;  L.R.A.1917A,  294. 
When  does  nonresidence  of  person  intending 
to  leave  permanently  begin  for  purpose 
of  attachment  or  exemption.     1  L.R.A. 
(N.S.)  778. 
Is  a  domicil  lost  by  abandonment  without 
intention   of   returning,   before   ac- 
quiring   a    new    one.      40    L.R.A. 
(N.S.)   986. 
Gaining    new    domicil    or    residence    before- 
abandoning  occupation  of  old  resi- 
dence,   by     purchasing    or    hiring 
property   in   new   locality  with   in- 
tention  of   establishing  permanent 
residence   there.      33   L.R.A.  (N.S.) 
766. 


DONATION. 


In  general,  see  Gift. 

Of  public  money,  see  Public  Moxet. 

Forfeiture  of.    13  L.R.A.  698. 

To  corporation  of  shares  of  its  own  stock.. 
18  L.R.A.  255. 

On  condition  of  particular  location  of  pub- 
lic building.     4  L.R.A. (N.S.)    589. 

Diversion  of  property  donated  for  public 
library  to  other  uses.  45  L.R.A. 
(N.S.)  308. 


Doorr. 


Validity  of  statute  subjecting  to  doom  of 
assessor  a  taxpayer  who  fails  to  fur- 
nish a  list  of  his  property.  24  L.R.A.- 
(N.S.)    388. 


DOORS. 


INDEX  TO  L.R.A.  NOTES. 

DOUBLE   HOUSE. 


433 


Screen  doors,  see  Screens,  §  2. 

Carrier's    liability   for    injury    to    pasenger 
from  door  of  vehicle.    L.K.A.1918D,  529. 


DOORWAY. 


Duty  of  carrier  to  guard  passenger  against 
walking  througTi  station  doorway  lead- 
ing to  place  of  danger.  24  L.R.A.  (N.S.) 
250. 

Contributory  negligence  in  walking  through 
doorway  leading  to  place  of  danger.  24 
L.R.A.(N.S.)  246;  L.R.A.1917D,  892. 


DORMANCY. 

Of  judgment,  effect  of,  see  Judgment,  §  85. 


DORMANT  PARTNER. 

Under  agreement  to  share  profits.  18  L.R.A. 
(N.S.)    1082. 

Proof  against  one,  of  declarations  of  anoth- 
er to  show  dormant  partnership.  20 
L.R.A.  597. 

In  real  estate.     28  L.R.A.  105. 

Admissibility  of  partnership  books  of  ac- 
count against.     52  L.R.A.  841. 


DOUBLE   AGENCY. 

Right  of  either  principal  to  affirmative  re- 
lief from  transaction  in  >vliich  agent 
acted  for  both  parties.  17  L.R.A, (N.S.) 
622. 


DOUBLE   BLOOD. 


Descent    of    ancestral    estates    to    heirs    of 
double  blood.     L.R.A.1916C,  924. 


DOUBLE    COMMISSIONS. 

Of    real  estate  broker.     45  L.R.A.  44. 

Custom  among  real  estate  brokers  to  take 
rebates  or  commissions  from  other  par- 
ty as  affecting  right  to  compensation 
from  employer.     34  L.R.A.  (N.S.)   1047. 

Right  of  principal  to  commissions  which 
broker  or  other  agent  has  received  from 
otlier  party  to  the  contract.  28  L.R.A. 
(N.S.)   952. 


♦  •♦■ 


DOUBLE  DAMAGES. 

See  Damagks,  §  120. 


As   violation   of    restrictive   covenants.      45 
L.R.A.(N.S.)  726;  L.R.A.1918C,  873. 


DOUBLE  INSURANCE. 


See  Insurance,  §§  80,  99-101. 


DOUBLE  REINSURANCE, 

Liability  of  reinsurer  in  case  of.     8  L.R.A, 
(N.S.)    855. 


DOUBLE   TAXATION. 


In  general,  see  Taxes,  §§  9-12,  94. 

By  imposition  of  license  tax  upon  automo- 
biles.    52  L.R.A.(N.S.)   953. 


DOUBLE  TRACKS. 


Power  of  municipality  to  prevent  laj'ing  of 
additional  tracks  under  franchise  origi- 
nally granting  right  to  lav  double 
tracks.     36  L.R.A. (N.S.)    850.' 


DOUBT. 

Effect  of,  on  validity  of  compromise  of  void, 
invalid,  or  unfounded  claim.  25  L.R.A. 
(N.S.)  276. 


DOUBTFUL  CLAIM. 

As  assets  giving  jurisdiction  to  bind  admin- 
istrator.    24  L.R.A.  689. 


DOUBTFUL   TITLE. 

Effect  of,  on  right  to  specific  performance  of 
contract,    see    Specific    Performance, 

§  17. 


DOWER. 

J.  Right  to,  §§   1-14. 

a.  1 71  general,    §    1. 

h.  In  ichat  pfoperty.  §§  2-4. 

c.  Nature    and    extent;     prior- 

ities, §§  5,  6. 

d.  Ilotv    lost    or    destroyed,    §§ 

7-14. 
II.  Bights,    duties,    and    remedies,    §§ 
15-22. 


Consult  also  L.R.A.  Digests  of  Cases.    28 


434 

DOWER— cont'd. 


INDEX  TO  L.R.A.  NOTES. 

DOWER,  I.— cont'd. 


/.  Bight  to. 


a.  In  general. 

%   1.  Generally. 

Constitutionality  of  statutes  as  to,  see  CoN- 
STiTCTioNAi.  Law,  §  74. 

Dower  right  as  affecting  marketability  of 
title.     38   L.R.A.{N.S.)    33. 

Right  of  dower  with  respect  to  improve- 
ments placed  on  land.     3  B.  R.  C.  957. 

b.  In  what  property. 

S  2.  Generally. 

In  partnership  real  estate,  see  Pabtneb- 
8HIP,   §  21. 

In  mines.     16  L.R.A.  247. 

in  homestead;  relative  rights  of  wife  and 
children.     56  L.R.A.  67. 

In  conditional  estates.  22  L.RA.(N.S.) 
691;    39   L.R.A.(N.S.)    307. 

in  land  purchased  by  railroad  company.  29 
L.R.A.(N.S.)    726. 

Rights  of  widow  in  accretions  added  to 
shore  lands.     58  L.R.A.  210. 

Right  to  dower  on  avoidance  as  against 
creditors  of  conveyance  of  land,  legal 
title  to  which  is  never  in  husband  dur- 
ing coverture.     32  L.R.A.(N.S.)   103. 

%  8.  In  land  mortgaged  or  conveyed  by 
husband. 

In  land  dedicated  by  husband.  31  L.R.A. 
(N.S.)  1025. 

Right  of  widow  to  recover  from  estate  the 
value  of  her  dower  interest  in  land  con- 
veyed bv  her  husband  during  lifetime. 
8  L.R.A.(N.S.)    1101. 

Mortgage  to  secure  money  advanced  to  pur- 
cliase  property  as  a  purchase  money 
mortgage  not  subject  to  dower.  40 
L.R.A. (N.S.)    275. 

f)ower  rights  in  property  conveyed  before 
marriage.    48  L.R.A. (N.S.)  612. 

•§  4.  —  where  conveyance  is  avoided  as 
to  creditors. 

Right  to  dower  upon  avoidance  of  convey- 
ance as  against  creditors.  32  L.R.A. 
(N.S.)    103. 

§  4a.  In  land  subject  to  purchase- 
money  mortgage  or  vendor's   lien. 

Dower  in  land  subject  to  purchase  money 
mortgage  or  vendor's  lien.  52  L.R.A. 
(N.S.)    540. 

c.  Nature  and  extent;  priorities. 

§   5.  Generally. 

Effect  of  depreciation  in  value  of  land  on  a 
widow's  right  of  dower  therein.  18 
L.R.A.  425. 

Right  to  consider  accrued  taxes  in  assign- 
ing dower  or  fixing  its  cash  value.  40 
L.R.A.(N.S.)    609. 

§   6.  Priorities. 

In  case  of  land  mortgaged  or  conveyed  by 

husband,  see  supra,  §§  3,  4. 
Begin  tcith  this  book  on  every  law  question. 


d.  How  lost  or  destroyed. 

§   7.  Generally. 

Election  between  dower  and  provisions  of 
will,  see  Wills,  §§  110-115. 

Power  of  legislature  to  destroy.  19  L.R.A. 
256. 

Estoppel  to  assert  dower  by  deceiving  one 
acquiring  title.  48  L.R.A.(N.S.)  762, 
764. 

Release  of  inchoate  right  by  attorney  under 
power  given  by  married  woman.  I6 
L.R.A.  209. 

Effect  of  husband's  insanity  upon  wife's 
power  to  convey  or  bar  dower.  34 
L.R.A.  224. 

Effect  of  forfeiture  of  husband's  estate  for 
treason  on  wife's  right  of  dower. 
L.R.A.1916E,  346. 

Is  a  widow's  dower  right  in  property  al- 
lotted to  her  as  a  homestead  extin- 
guished, or  merely  in  abeyance.  10 
L.R.A.(N.S.)    1206. 

Effect  of  judgment  declaring  liusband's  title 
to  an  estate  to  be  that  of  mortgagee, 
upon  dower  right  of  wife  who  was  not 
a  party  to  the  action.  13  L.R.A. (N.S.) 
723. 

§   8.  By  conveyance. 

Right  to  dower  in  land  mortgaged  or  con- 
veyed by  husband,  see  supra,  §§  3,  4. 

Voluntary  conveyance  in  which  dower  is 
not  released  in  satisfaction  of  a  mort- 
gage releasing  dower.  31  L.R.A. (N.S.) 
323. 

Estoppel  of  wife  living  apart  from  husband 
to  claim  dower  as  against  purchaser 
ignorant  of  relationship.  26  L.R.A. 
(N.S.)   575;  34  L.R.A. (N.S.)   762. 

§   9.  By  antenuptial  contract. 

Power  to  bar  dower  by  antenuptial  agree- 
ment sufficient  in  equity,  but  not  con- 
forming to  any  of  the  statutory  meth- 
ods of  barring  dower.  17  L.R.A. (N.S.) 
866. 

§10.  Effect  of  misconduct. 

Effect  of  divorce,  see  Divorce  and  Sepaba. 
TiOiN,  §  52. 

Conduct  during  husband's  lifetime  as  estop- 
pel to  claim  of.     3  L.R.A. (N.S.)   971. 

Effect  of  fraud  to  estop  widow  from  claim- 
ing.   25  L.R.A.  573. 

§  11.  Power  of  husband  or  his  credit- 
ors to  defeat. 

Generally.     18  L.R.A.  75. 

As  to   lands   held   in   common  by   husband. 

18  L.R.A.  75. 
As  to  lands  sold  under  mortgage.    18  L.R.A. 

76. 
Bankruptcy.     18  L.R.A.  77. 
Effect    of    bankruptcy    on    dower    rights    of 

bankrupt's  wife.  26  L.R.A. (N.S.)    1180. 
Sale  on  execution  to  satisfy  mechanics'  lien. 

18  L.R.A.  77. 


INDEX  TO  L.R.A.  NOTES. 


435 


DOWER,  I.  d— cont'd. 
Sale  under  execution  against  husband. 
L.H.A.  78. 


18 


§    12.  By   dedication   or  .condemnation. 

Dower  in  land  dedicated  by  husband.  31 
L.R.A.  (X.S.)    1025. 

Eflfect  of  dedication  or  condemnation  of  hus- 
band's lands  to  public  use  upon  wife's 
right  of  dower.  8  L.R.A.  443;*  18 
L.R.A.  79. 

§    13.  By  tax  sale. 

l"]flfect  of  tax  sale  upon  inchoate  right  of 
dower.     24  L.R.A.  (N.S.)    1294. 

Effect  of  tax  sale  on  land  held  by  tenant 
in  dower.     32  L.R.A.  807. 

§  14.  By  adverse  possession  or  parti- 
tion  sale. 

Effect  of  adverse  possession  of  husband's 
lands  on  wife's  riglit  of  dower.  18 
L.R.A.  78. 

Effect  of  partition  sale  unon  dower  rights  of 
one  not  a  party.    16  L.E.A.  776. 

//.  Rights,  ditties,  and  remedies. 

§    15.  Generally. 

Effect  of  inchoate  right  of  dower  to  entitle 
wife  to  contest  will  of  husband's  father. 
L.R.A.1918A,  466. 

Ejectment  by  widow.     18  L.R.A.  790. 

Adverse  possession  by  tenant  in  dower.  19 
L.R.A.  8.39. 

Riglit  of  widow  prior  to  assignment  of 
dower  to  maintain  trespass  quare  clau- 
sum.     13  L.R.A.  (N.S.)    209. 

Power  of  legislature  to  increase  dower 
rights.     17   L.R.A. (N.S.)    319. 

Right  of  doweress  to  mesne  profits  or  dam- 
ages for  detention  of  dower.  21  L.R.A. 
180. 

Right  of  husband's  grantee  to  exoneration 
of  land  conveyed,  by  allotment  of  dower 
from  other  lands.    34  L.R.A.  (N.S.)  917. 

Removal  of  proceeding  for  assignment  of, 
because  of  separable  controversy.  5 
L.R.A.(N.S.)   77. 

Time  for  ascertaining  value  of  land  for  pur- 
poses of  assigning  dower;  and  right 
of  dower  with  respect  to  improve- 
ments placed  thereon.  3  B.  R.  C. 
950. 

§  16.  Doweress  as  party  to  foreclosure 
suit. 

Doweress  as  a  necessary  party  to  foreclo- 
sure suit.     5  L.R.A.  521.* 

§    17.  Right  to  redeem  from  mortgage. 

See  Mortgage,  §  88. 

§    18.  Mineral  or  timber  rights. 

Rights  of  tenant  in  dower  as  to  oil  and  gas. 

36   L.R.A. (N.S.)    1108. 
Mineral    rights    of    tenant    in    dower.      36 

L.RA.(N.S.)   1099. 
Timber  rights  of  tenant  in  dower.    37  L.R.A. 

(N.S.)  763. 
Consult  also  L.R.A,  Digests  of  Cases. 


DOWER,    II.— cont'd. 
§    19.  Contribution. 

Contribution  between  heir  and  widow  in 
case  of  payment  of  mortgage.     5  L.R.A. 

520.* 

§   20.   Subjecting  dower  estate  to  debt.s. 

Loss  of  riglit  to  dower  by  execution  or  fore- 
closure sale,  see  supra,  §   11. 

Levy  on  estate  of.    23  L.R.A.  647. 

As  subject  of  attachment  or  levy  on  exe- 
cution.    30  L.R.A.(N.S.)    117. 

Equitable  remedy  to  subject  unassigned 
dower  to  judgment  after  return  of  no 
property  found.     63  L.R.A.  697. 

§   21.  Duty  as  to  taxes. 

Loss  of  right  to  dower  by  tax  sale,  see 
supra,  §  13. 

Duty  of  tenant  in,  to  pay  taxes.     32  L.R.A. 

748. 

§   22.  Succession  tax  on  dower. 

Succession  tax  on  dower.     29  L.R.A. (N.S.) 

428;  L.R.A.1916C,  675. 
Succession    tax    upon    provision    in    lieu    of 

dower.    33  L.R.A. (N.S.)  230;  45  L.R.A. 

(N.S.)  228;  L.R.A.1916C,  675. 


DRAFT. 

Of  men  for  army,  see  Compulsoex  iliLiTABY 

Sebvice:. 
In    general,    see    Banks,    V.;     Bills    and 

NOTES;  Checks. 
Collection  of,  by  banks,  see  Banks,  §§  31- 

35. 

Carrier's   liability   for  injury  to  passenger 

by  draft  from  open  doors  or  windows. 

11  L.R.A. (N.S.)   926. 
Effect  of,   to   create   a  maritime   lien.     70 

L.R.A.  418. 
Obtaining  draft  by  false  pretenses.    L.R.A. 

1916E,  1106. 


DRAFTSMAN. 


Undue  influence  by,  on  testator,  see  Wills, 
§  17. 

Competency  of,  to  testify  to  his  own  or  tes- 
tator's intention.     38  L.R.A. (N.S.)   91. 

Evidentiary  force  of  circumstance  that  one 
benefited  by  will  was  the  draftsman 
thereof.     28  L.R.A. (N.S.)  270. 


DRAINAGE  DISTRICTS. 

§    1.  Generally. 

Liability  of,  for  expenses  of  drainage.  58 
L.R.A.  372. 

Proceedings  for  incorporation  of,  as  a  civil 
suit  within  statute  allowing  change  of 
venue.    12  L.R.A.(N.S.  )900. 


436 


INDEX  TO  L.R.A.  NOTES. 


DRAINAGE  DISTRICTS— cont'd. 

Liability  of,  for  .'looding  lniid.  19  L.R.A. 
(N.S.)   9»1. 

Immunity  of,  from  lial)ility  for  damages. 
L.R.A.1918H,  1010. 

Duty  as  to  highway  crossed  by  ditch  con- 
"^Htructed  by  tlrainage  district.  43 
UR.A.lN.S.)    69;-). 

Duty  as  to  establishment  and  maintenance 
of  bridges  over  ditclies  for  use  of  ad- 
joining owners.     L.R.A.1915E,  687. 

§   2.  Creation  of. 

Institjition  of  drainage  proceedings  by  or- 
ganization of.     60  L.R.A.  169. 

Taking  railroad  lands  for.  2  L.R.A.(N.S.) 
227.  ^    . 

Right  to  withdraw  name  from  petition  for. 
11  L.R.A.  (N.S.)  372;  35  L.R.A.  (N.S.) 
111.3. 

Proceeding  for  incorporation  of  drainage 
district,  or  for  other  public  improve- 
ment, as  a  civil  suit,  within  statute  al- 
lowing change  of  venue.  12  L.R.A. 
(N.S.)    900. 

Constitutionality  of  statute  prescribing 
property  qualification  on  right  to  vote 
on  establishment  of  drainage  district. 
44  L.R.A.(N.S.)   539. 


DRAIN  INSPECTORS. 

Duty  and  liability  to  drain  inspectors  en- 
tering premises  in  performance  of  their 
duty.     31  L.R.A.{N.S.)  380. 


DRAINS  AND  SEWERS. 

7.  In  general;  establishment,  §§  1-7. 
II.  Duty  ami  liahility  as  to,  §§  8-10. 
III.  Procedure ,  §   11. 
ir.  AssesHtnents,    §§    12-14.  ' 


J.  In  general;  establishment. 


S   1. 


DRAINS  AND  SEWERS,  I.— cont'd. 

Right  to  drain  surface  water  into  water 
course.     24  L.R.A. (N.S.)    903. 

Appropriator's  right  to  enter  upon  land  of 
upper  proprietor  to  clean  out  ditch. 
43  L.R.A.  130. 

Interference  by,  with  wharf  rights  in  navi- 
gable waters.     34  L.R.A. (N.S.)    43«. 

Duty  as  to  establisliment  and  maintenance 
of  bridges  over  ditches  for  use  of  ad- 
joining owners.     L.U.A.]ni5E,   687. 

Duty  of  railroad  to  construct  bridges  at  it» 
own  expense  over  public  drainage 
ditches.  31  L.R.A. (N.S.)  1118;  L.R.A. 
1915B,  486. 

Servant's  assumption  of  risk  from  changing 
condition  of  excavations  in,  duriiijj 
progress  of  work.  19  L.R.A. (N.S. > 
358. 

§   2.  Nuisance  as  to.  • 

Drains  and  sewers  as  i.uisances,  see  Nui.s- 
ANCLS,   §   2. 

Injunction  by  municipality  against  nuisance 

from  sewers.     41   L.  1{.A.  325. 
Municipal  regulation  of  sewers  as  nuisances. 

38  L.R.A.  319. 
Presumption   as   to   statutory   authority   to 

commit   nui^ance   by   sewerage   system. 

70  L.R.A.  580. 

§   2a.  Necessity    for. 

Necessity  for  establishment  of.  60  L.R.A. 
191.' 

Existence  of  necessity  for  drainage  o'  pri- 
vate lands.     49  L.R.A.  782. 

§   3.  Taliing  of  property  for. 

See  Eminent  Domain,  §  17. 

§  4.  Use  of  highway  for. 

Power  of  municipality  to  authorize  use  ot 

highway  for  private  drain.     16  L.R.A. 

715. 
Construction  in  streets  as  additional  burden 

on  easement.    17  L.R.A.  479. 
Right  of  fee  owner  to  use  higliway  fcr  ditch. 

34  L.R.A.(X.S.)   506. 

§   5.  Connection  witli. 

Right  and   duty   to   ccnnect  property   with 

drain  or  sewer.     70  L.R.A.  238. 
Power  to  compel  connection  of  property  with 

public  sewer.     L.R.A.1918C,  258. 
Permitting  abutting   owner  to  nuike  sewer 

connection  in  street.     19  L.R.A.  (N.S.) 

512. 


Generally. 

Drainage  districts,  see  Drainage  Districts. 
Injunction  as  to,  see  Injunction,  §  31. 
Parties    plaintiiT    in    actions    affecting,    see 

Parties,  §  5, 
Drainage  of  water  generally,  see  Waters, 

§  62. 
Public  improvements,  generally,  see  Ptjblic 

Improx'ements. 

Incorporation  of  territory  into  municipal-  j 

ity  as  affecting  prior  right  to  maintain  |  §   6.  Maintenance  of  drainage  ditches. 
sewer  in  street.    47  L.R.A. (N.S.)  610. 

Creation  of  easement  of  drainage  by  sever- 
ance of  tract  of  land  with  apparent 
benefit  existing.     L.R.A.191.5C,  353. 

Injunction  against  municipality  as  to.  23 
L.R.A.  301. 

Mechanic's  lien  for  sewer  connections  in 
street.     42  L.R.A. (N.S.)    356. 

night  of  taxpayer,  in  absence  of  statute,  to 
enjoin  unlawful  expenditures  by  munic- 
ipality.    .36  L.R.A. (N.S.)   23. 

Draining  ponds.     21   L.R.A.  605. 


69 


Begin  icith  this  book  on  every  laic  question 


Landowner's    right    to    compel    repair. 

L.R.A.  806. 
Action  by  officials.     69  L.R.A.  806. 
What  is 'repair?     69  L.R.A.  807. 
Who  to  bear  cost  of  repair.     69  L.R.A.  809 
The  assessment.     69   L.R.A.   810. 
Rights  of  landowner.     69  L.R.A.  811. 
Estoppel.    69  L.R.A.  811. 
Irregularities.     09  L.R.A.  811. 
How  far  court  may  review  and  control  pro 

ceedings.     69  'L.R.A.  811. 
Liability  for  nonrepair.     69  L.R.A.  813. 


INDEX  TO  L.R.A.  NOTES. 


437 


DRAINS  AND  SEWERS,  I.— cont'd. 
(Jertificatioii  of  cost.  69  L.R.A.  813. 
Repeal  of   law.     6!)   L.R.A.   81;]. 

§    7.  Commissioners      of      drains      and 

sewers, 
night    of    woman    to    be    commissioner    of 

sewers.     38  L.R.A.  211. 

II.  Duty  and  liability  as  to. 

§    8.   Generally. 

Liability  of  landlord  to  third  persons  as  to 
condition  of.     26  L.R.A.  202. 

Liability  of  one  connecting  with  drain  or 
sewer  for  injuries.     70  L.R.A.  242. 

Liability  for  injury  to  higher  property  by 
hastening  drainage  from  lower  land. 
6   L.R.A.  (N.S.)    146. 

Xiability  for  reopening  or  cleaning  out 
drain  or  natural  water  way  after  body 
of  surface  water  has  accumulated.  40 
L.R.A.  (N.S.)    160. 

Interference  with  drainage  by  damming 
back  water  of  stream.     59  L.R.A.  819. 

Liability  for  turning  steam  or  other  danger- 
ous vapors  or  gases  into  stream.  15 
L.R.A. (N.S.)    957. 

Employer's  liability  for  negligence  of  inde- 
pendent contractor  in  construction  of 
sewer.     65   L.R.A.  846. 

When  limitations  begin  to  run  against  ac- 
tions for  damages  for  flooding  of  land 
by  digging  of  drain.  20  L.R.A. (N.S.) 
894;    25    L.R.A. (N.S.)    645. 

§    9.   Of  municipality. 

Liability  of  municipality  for  injuries  due 
to,  see  Municipal  Corpobations,  §§ 
86-89. 

Rights,  duties  and  liability  of  municipal 
corporation  with  respect  to  surface 
water,  see  Municipal  Cobpobations, 
§§   29,  91,  92. 

JExtent  of  municipal  liability  with  respect 
to,  see  Daaiages,  §  78, 

Effect  of  municipal  indebtedness  on  acquisi- 
tion of  sewer   system.     59   L.R.A.  604. 

Abandonment  of  surface  water  drain  by 
city.      65    L.R.A.   286. 

Right  and  duty  to  provide.     61  L.E.A.  673. 

Location.     61  L.R.A.  677. 

Construction.      61  L.R.A.  683. 

Outlet.     61  L.R.A.       690. 

Maintenance.     61  L.R.A,  696. 

Parties.      61    L.R.A.    711. 

Limitation.     61  L.R.A.  711.   • 

Damages.     61   L.R.A.  712. 

Efiect  of  limitation  of  municipal  indebted- 
ness upon  acquisition  of  sewer  system. 
59  L.R.A.  604. 

Duty  of  municipality  to  guard  drainage 
ditch  along  sidewalk.  27  L.R.A.(N.S.) 
1169. 

^10.  Interference  with  streams  by. 

As  .to  pollution  of  water  course,  generally, 
see  Watebs,  §§  55-58,  66,  77,  80,  103, 
113. 

Liability      for      intercepting      subterranean 

waters  by.     19  L.R.A.  94. 
'Consult  also  L.R.A.  Digests  of  Cases. 


DRAINS  AND  SEWERS— cont'd. 
III.  Procedure. 

§    11.  Generally. 

General  observations  as  to  right  to  estab- 
lish.    60  L.R.A.  161. 

Institution  of  proceedings.     60  L.R.A.  166. 

Jurisdiction  over  proceedings.  60  L.R.A. 
172. 

Plans    and    specifications.      60    L.R.A.    176. 

Necessity  must  be  shown.     60  L.R.A.   191. 

Acquisition  of  right  of  way.     60  L.R.A.  195. 

Completion  of  improvement.    60  L.R.A.  206. 

Letting  contract.     60  L.R.A.  217. 

Supervision  by  court.     60  L.R.A.  224. 

Acquisition  of   funds.     60  L.R.A.  226. 

Contesting    assessment.      60    L.R.A.    241. 

Defects  in  work  as  a  defense  to  assessment 
56  L.R.A.  919. 

Abandonment  of  drain.     60  L.R.A.  249. 

How  far  court  may  review  and  control 
proceedings.      69    L.R.A.   811. 

IV.  Assessments. 

§    12.  Generally. 

Assessments  for  local  improvements  gener- 
ally, see  Public  Improvements,  IV. 

For  drainage  ditches.     69  L.R.A.  810. 
Acquiring    funds    to    establish    drains    and 

sewers   by.     60   L.R.A.   227. 
Contesting  of.     60  L.R.A.  241. 
Defects  in  work  as  defense  to.     56  L.R.A. 

919. 


§    13.  Persons  and  property  liable  for. 

For  local  improvements  generally,  see  Pub- 
lic   iMPBOyEMENTS,    §§    16-23. 

Basis  for  liability.    58  L.R.A.  353. 

Consideration  of  principles  involved.  58 
L.R.A.  354. 

The  rule  that  assessment  depends  on  bene- 
fit.    58  L.R.A.  358. 

Drainage  districts.     58  L.R.A,  372, 

Area  assessments.     58   L.R.A.   374. 

Public    liability.      58   L.R.A.   378. 

Assessment  runs  with  the  land.  58  L.R.A. 
379. 

Exemptions.     58  L.R.A.  380. 

Renewal  and  maintenance.     58  L.R.A.  383. 

Property  liable  for  assessment  for  construc- 
tion of  drains  or  sewers.  26  L.R.A. 
(N.S.)    973. 

Liability  of  railroad  property  to  assessment 
for  drains  or  sewers.  L.R.A. 1915A, 
129. 

§14.  Enforcement;  lien. 

Enforcement  of  assessments  for  local  im- 
provements  generally,   see   Public   Im- 

PBOVEMENTS,    §§    27-31. 

Bill  to  quiet  title  on  invalid  sale  of  prop- 
erty for  sewer  assessment.  60  L.R.A. 
243. 

Lien  on  abutting  property  for  cost  of  sewer. 
60  L.R.A.  237. 


438 


INDEX  TO  L.R.A.  NOTES. 


DRAMATIC  PRODUCTIONS. 

Rights  of  employers  to  dramatic  pieces  com- 
posed by  employees.  5  L.R.A.  (N.S.) 
1189. 

What  constitutes  infringement  of  dramatic 
copyright.    2  B.  R.  C.  107. 

♦-»♦ 


DRAMATIZATION. 

Sale  or  assignment  of  story  as  carrying  the 
exclusive  right  to  dramatize  it.  41 
LJl.A.(N.S.)   1002. 


DRAWBRIDGE. 


Duty  of  one  approaching  to  stop,  look,  and 
listen.     14  L.R.A.  (N.S.)  452. 

Contributory  negligence  of  child  injured  on. 
L.R.A.1917F,  99. 

Municipal  liability  for  negligence  of  bridge 
tender.  19  L.R.A.  (N.S.)  1178;  45 
L.R.A.(N.S.)   98;  L.R.A.1915F,  1062. 


DRAWING. 


Of  grand  jury,  see  Grand  Jxjbt,  §  2. 

# » » 

DRAYMEN. 

See  Cabtman  and  Teamstebb. 

DREDGING. 

Duty  of  dredging  wharves  or  docks.  61 
L.R.A.  947. 

Right  to  remove  lateral  support  by  dredg- 
ing water  bed.     64  L.R.A.  275. 


DRIFT. 

Obstiiution   of   waters   of   stream  by.     59 
L.R.A.  871. 


DRILLS. 

Doctrine  of  "attractive  nuisance"  as  applied 
to  injury  from.    19  L.R.A. (N.S.)   1130. 

Master's  liability  for  injury  bv  defect  in. 
13  L.R.A.(N.S.)  678;  51  L.R.A.(N.S.) 
338. 


DRIVERS. 

Imputing  Negligence  of,  to  passengers,  see 

Negligence,   §§  42,   44. 
Begin  icith  this  hook  on  every  law  question. 


DRIVERS— cont'd. 

Who  is  responsible  for  acts  of  driver  of 
liired  vehicle.  13  L.R.A. (N.S.)  1122; 
25  L.R.A.(N.S.)  33;  38  L.R.A.(N.S.) 
1)73;   L.R.A.1918E,  121. 

Care  required  of  driver  of  automobile  at 
railroad  crossings.  21  L.R.A.  (N.S.) 
794;  29  L.R.A.(N.S.)  924;  46  L.R.A. 
(N.S.)   702. 

As  fellow  servant  of  servants  of  employer 
of  team  and  driver.  17  L.R.A. (N.S.) 
338. 

Liability  of  master  for  injury  to  person 
riding  with  servant  by  latter's  invita- 
tion or  permission.     L.R.A. 1917F,  425. 

Liability  of  owner  of  vehicle  for  injury  to 
child  invited  to  ride  by  driver.  46 
L.R.A.  (N.S.)    199. 

Making  prima  facie  case  of  responsibility 
for  negligence  of  driver  of  automobile 
byi  proof  of  defendant's  ownersliip  of 
car  or  employment  of  driver.  46  L.R.A. 
(N.S.)   1091. 


DRIVEWAY. 


Right  of  abutting  owner  to  join  his  land 
to  street  by  driveway  or  walk.  30 
L.R.A.(N.S.)    1074. 


DRIVING. 


Injury  while  driving,  see  Highways,  VI.; 
Negligence,  I.  a,  4. 


DRIVING  LOGS. 


Right  to  use  stream  for,  see  Logs  and  Log- 
ging, §§  4-10. 


DROVERS. 


§    1.  Generally. 

As  independent  contractors.     65  L.R.A.  468. 

§  2.  Accompanying  stock  during  trans-^ 
portatlon. 

Carrier's  liability  for  injury  to,  see  Cab- 
biers,  §  57. 

Right  of  conductor  to  waive  condition  in 
pass    of.      27    L.R.A. (N.S.)    646. 

Rights  of  person  riding  on  drover's  pass. 
22  L.R.A.  794;   31  L.R.A.  (N.S.)    632. 

Right  of  drover  or  stockman  who  uses  car 
after  destination  is  readied.  30  L.R.A. 
(N.S.)   571. 

Riding  on  top  of  car  as  contributory  neg- 
ligence.    30  L.R.A. (N.S.)    425. 


■♦•» 


DROWNING. 

As  accident.    30  L.R.A.  211. 


INDEX  TO  L.R.A.  NOTES. 


439- 


DROWXING— cont'd. 

Liability  on  insurance  policy  for  death  by. 

42  L.R.A.  (N.S.)   631. 
■Contributory  negligence  of  child  drowned. 

L.R.A.1917F,  109. 


DRUGS  AND  DRUGGISTS. 

§    1.  Generally. 

Validity  of  classification  in  Sunday  law,  as 
to  keeping  drug  store  open.  14  L.R.A. 
(N.S.)   1259. 

Order  for  physical  examination  requiring 
use  of,  as  abuse  of  discretion.  15 
L.R.A.  (N.S.)    6G5. 

Giving  liquor  or  drugs  to  female  with  view 
to  having  sexual  intercourse  with  her 
as  constructive  rape  or  assault  with  in- 
tent to  commit  rape.  46  L.R.A.  (N.S.) 
422. 

§   2.  Effect  of  use  of  drugs. 

Uce  of  drugs  as  ground  for  divorce,  see  Di- 

VOKCE  AND  SePABATION,   §  27. 

Use  of  drugs  as  affecting  responsibility  and 

capacity.     39  L.R.A.  262. 
Use  of  drugs  as  affecting  testamentary  ca- 

pacitv.      27    L.R.A. (N.S.)     31;    L.R.A. 

1915A,  450. 

§   3.  Regulation;   license. 

Private  action  for  violation  of  statutes  reg- 
ulating sales  of.  9  L.R.A.(N.S.)  382: 
L.R.;^.1915E,  560. 

Construction  and  effect  of  statute  prohibit- 
ing or  regulating  sale  of  poisons.  30 
L.R.A. (N.S.)   519. 

What  are  medicines,  drugs,  or  poisons  with- 
in the  meaning  of  statutes  regulating 
pharmacists.    26  L.R.A. (N.S.)   1013. 

Liability  of  druggist  for  injury  to  stranger 
from  drug  or  poison  sold  by  him.  13 
L.R.A. (N.S.)   646. 

Right  of  unlicensed  druggists  to  recover  for 
services  rendered  by  licensed  one.  2 
L.R.A. (N.S.)   392. 

Does  fact  that  a  drug  clerk  is  a  licensed 
pharmacist  relieve  his  employer  from 
liability  for  his  negligence  or  lack  of 
skill.     39   L.R.A.(N.S.)    275. 

Right  of  physician  to  sell  drugs  without  a 
prescription.     46  L.R.A. (N.S.)    1. 

What  constitutes  misbranding  within  pure 
drugs  law.     L.R.A.1916D,  169. 

What  constitutes  adulteration  within  the 
food  and  drugs  act.     L.R.A. 1915B,  774. 

§   4.  Sale  of  liquor  by  druggists. 

Must  indictment  or  information  for  sale 
of  liquor  by  druggists  on  prescription 
state  name  of  purchaser.  23  L.R.A. 
(N.S.)    583. 

May  records  of  sales  of  liquor,  which  a 
druggist  is  required  by  law  to  keep, 
be  used  as  evidence  against  him  in  a 
criminal  prosecution.  25  L.R.A.  (N.S.) 
818. 

Consult  also  L.R.A.  Digests  of  Cases. 


DRUGS  AND  DRUGGISTS— cont'd. 
§    5.  liiability. 

Furnishing  or  prescribing  by  physician  of 
habit-forming  drugs.    L.R.A.1918E,  669. 

Liability  of  vendor  of  drugs  for  negligence.^ 
21  L.R.A.  139. 

Liability  of  druggist  for  injury  to  stranger 
from  drug  or  poison  sold  by  him.  1 
L.R.A.(N.S.)  1178;  13  L.R.A.(N.S.) 
646. 

Wife's  right  of  action  at  common  law 
against  one  selling  drugs  to  husband. 
40  L.R.A. (N.S.)   360. 

Duty  of  druggist  or  apothecary  in  the  sale 
or  compounding  of  drugs  or  medicines. 
29  L.R.A.(N.S.)  900;  47  L.R.A. (N.S.) 
693. 

Master's  liability  for  injury  done  by  serv- 
ant to  third  person  in  use  of  deleterious 
drug  placed  in  his  custody.  10  L.R.A. 
(N.S.)    374.  * 

Does  fact  that  a  drug  clerk  is  a  licensed 
pharmacist  relieve  his  employer  from 
liability  for  his  negligence  or  lack  of 
skill.      39    L.R.A.(N.S.)    275. 

Instigation  or  consent  to  crime  for  purpose 
of  detecting  criminal  as  defense  to  pros- 
ecution for  illegal  sale.  51  L.R.A. 
(N.S.)   830. 

§  6.  Validity  of  agreements  between 
druggists. 

Restraint  of  trade  in  medicine.  22  L.R.A. 
674. 

Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  drug  business  as- 
affected  by  territorial  scope.  24  L.R.A. 
(N.S.)   928. 

Legality  under  modern  anti-trust  acts  of 
combinations  between  druggists.  & 
L.R.A.(N.S.)   136. 

♦-•-♦ 


DRUMMERS. 

See  Commercial  Teavelers. 

♦*-♦ 


DRUNKARDS. 

Habitual  drunkards,  see  Habitual  Drunk- 
ards. 


DRUNKENNESS. 


§   1.  Generally. . 

Drunken  passengers,  see  Carriers,  §§  39, 
40. 

Effect  on  criminaf  responsibility,  see  Crim- 
inal Law,  §  10. 

As  ground  for  divorce,  see  Divorce  and 
Separation,  §  26. 

Opinion  evidence  as  to,  see  Evidence,  §  188. 

As  to  habitual  drunkards,  see  Habitual 
Drunkards. 

As  to  intemperance,  see  Intemperance. 


440 


INDEX  TO  L.R.A.  NOTES. 


DRUNKENNESf?— cont'd. 

Civil  liahility  of  seller  of  liquor  for  in- 
juria rosulting  from  intoxication,  see 
IvroxrcATiNG  LiqUoks,  §  41. 

Effect  of,  on  testamentary  capacity,  see 
Wills,  §  11. 

Libel  or  slander  by  charge  of,  against  pub- 
lic officer  or  candidate.  L.R.A.1918E, 
.37. 

Presunijjtion  as  to  continuance  of.  35 
L.R.A.  122. 

Municipal  regulation  of,  as  a  nuisance.  39 
L.R.A.  524. 

Effect  of  into-xication  on  validity  of  mar- 
riage.    34  L.R.A.  87. 

Effect  of  fact  that  habit  of  drunkenness  re- 
lied upon  as  ground  for  divorce  was 
contracted  before  marriage.  L.R.A. 
191 8C,  867. 

Effect  of,  on  'right  of  parent  to  custody  of 
child.    41  L.R.A.(N.S.)   592,  605. 

Ab  affecting  testamentary  capacity.  39 
L.R.A.  220. 

As  justification  for  discharge  of  servant  or 
agent.     38  L.R.'X.(N.S.)   339. 

As  ground  for  discharge  of  one  employed 
in  executive  or  supervisory  capacity. 
L.R.A.1918C,  1038. 

As  disturbance  of  public  peace.  32  L.R.A. 
(N.S.)   505. 

In  court  room  as  contempt.  33  L.R.A.  (N. 
S.)  138. 

As  ground  for  removal  of  officer.  50  L.R.A. 
(N.S.)  912. 

Effect  of,  on  voluntariness  of  confession.  50 
L.R.A.(N.S.)   1083. 

Intoxication  of  defendant  as  affecting  lia- 
bility for  libel  or  slander.  51  L.R.A. 
(N.S.)    1198. 

Right  of  innkeeper  to  refuse  to  accept  as 
guest,  drunken  or  disorderly  person. 
.52  L.R.A. (N.S.)  744. 

Recovery  under  workmen's  compensation 
act  where  workman  was  intoxicated  at 
time  of  injury.  L.R.A.1916A,  351; 
L.R.A.1917D,  134. 

Recovery  under  Workmen's  Compensation 
Statutes  for  injury  caused  solely  by 
intoxication  of  employee.  L.R.A.1918F, 
900. 

Injuries  by  intoxicated  person  as  within 
provision  of  accident  insurance  policy 
exempting  insurer  or  limiting  liability 
in  case  of  an  injury  intentionally  in- 
flicted by  another.  48  L.R.A. (N.S.) 
527. 

Continuance  because  of  intoxication  of  par- 
ty.    42  L.R.A.(N.S.)   667. 

§  2.  Provision  in  insurance  policy 
agrain.st. 

See  Insurance,  §  98. 

§   8.  Contracts  with  drunken  persons. 

Right  to  affirmative  relief  in  equity  from 
contract  on  ground  that  it  was  pro- 
cured from  complainant  while  intoxi- 
cated.    17   L.R.A.(N.S.)    1066. 

§   4.  —  validity  of. 


DRUNKENNESS— cont'd. 

Intoxication  as  defense  to  bill  or  note  in 
hands  of  bona  fide  holder.  46  L.R.A. 
(N.S.)  212. 

§  5.  As  alTcctlns  negligence  or  con- 
tributory negligence. 

Intoxication  no  excuse.  40  L.R.A.  131:  47 
L.R.A.(N.S.)    731;  L.R.A.1916F,  101. 

Effect  when  there  is  negligence  on  both 
sides.     40  L.R.A.  139. 

Question  for  the  jury.  40  L.R.A.  141 ;  47 
L.R.A. (N.S.)   740. 

Presumption  and  burden  of  proof.  40 
L.R.A.  142;   47  L.R.A.  (N.S.)    740. 

Intoxication  amounting  to  contributory  neg- 
ligence. 40  L.R.A.  132;  47  L.R.A. 
(N.S.)    733;    L.R.A.1916F,   101. 

Intoxication  as  evidence  of  negligence.  40 
L.R.A.  143;  47  L.R.A. (N.S.)  740;  50 
L.R.A.(N.S.)    568. 

Intoxication  of  driver  on  defective  high- 
way as  contributory  negligence.  13 
L.R.A.(N.S.)   1267. 

Employment  of  persons  having  habits  of  in- 
toxication.     47    L.R.A.  (N.S.)     742. 

§   6.  —  on  railroad  track. 

Intoxication  of  person  on  railroad  track 
as  affecting  applicability  of  doctrine 
of  last  clear  chance,  see  Negligence, 
§  52. 

Intoxication  of  person  injured  at  crossing. 
40  L.R.A.  133;  47  L.R.A. (N.S.)    735. 

Intoxication  of  person  injured  by  railroad 
trains  operated  longitudinally  along 
public  street.     49  L.R.A. (N.S.)   687. 

§   7.  —in  highway. 

Liability  for  injury  to  drunken  person  by 
defect  in  street.     2  L.R.A.(N.S.)    481. 

When  drunkenness  amounts  to  contributory 
negligence  in  case  of  injury  in  high- 
ways, street,  etc.  40  L.R.A.  138;  47 
L.R.A.(N.S.)   737;  L.R.A.1916F,  102. 

Degree  of  care  required  of  intoxicated  per- 
sons in  defective  street.  21  L.R.A.  (N. 
S.)    626;   48  L.R.A.  (N.S.)    628. 

Intoxication  of  driver  on  defective  highway 
as  contributory  negligence.  13  L.R.A. 
(N.S.)    1267. 

Intoxication  of  person  operating  automobile. 
L.R.A.1917A,  313. 
As     affecting    homicide    by    negligent 
operation.     L.R.A.1918B,   957. 

Intoxication  of  person  injured  by  railroad 
trains  operated  longitudinally  along 
public  street.     49  L.R.A.(N.S.)   687. 

Of  driver  of  horse  encountering  automobile 
on   highway.     50  L.R.A.(N.S.)    568. 

§  8.  —  of   passenger. 

Carrier's  duty  to  look  after  drunken  pas- 
senger after  he  has  left  car.  8  L.R.A. 
(N.S.)   298. 

Ejection  of  intoxicated  passenger.  19  L.R.A. 
327;  L.R.A.1915C,  134. 

Liability  of  carrier  for  act  of  obviously 
drunken  passenger,     4  B.  R.  C.  330. 

Carrier's  liability  for  forcing  sick  or  in- 
toxicated passenger  out  of  car  and  onto 
platform.     16  L.R.A. (N.S.)   197. 


Validity  of  contract  made  with  intoxicated  Carrier's  duty  to  accept  intoxicated  person 
rr^Il«     r'^r.^;^;;^-  i^^'   ^^  L.R.A.(N.  as  a  passenger.     26  L.R.A. (N.S.)    173; 

S.)    596;  L.R.A.1915B,  1121.  L.R.A.1915E,  788. 

Bcfiiu  u-ith  this  hoolc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


441 


DRUNKENNESS— cont'd. 

Intoxication  as  affecting  negligence  of  pas- 
senger. 40  L.R.A.  134 ;  47  L.R.A.  {N.S. ) 
736;  L.R.A.1916F,  102. 

§   9.  —of  fellow  servant. 

Employment  of  persons  having  habits  of 
intoxication.  40  L.R.A.  146;  47  L.R.A. 
(N.S.)  742. 

Master's  liability  for  injuries  caused  by 
fellow  servant  rendered  incompetent  by 
use  of  liquor.     25  L.R.A.  714. 

Evidence  of  fellow  servant's  intemperance 
in  action  by  injured  servant.  14  L.R.A. 
(N.S.)   770. 


DRY  DOCK. 


Right   of   municipal   corporation    to   main- 
tain dry  dock.     31  L.R.A.  (N.S.)    121. 


♦  •» 


DUCES    TECUM. 

Subpoena  duces  tecum,  see  Witnesses,  §  6. 

♦-•-♦ 

DUCKING   STOOL. 

Afl    cruel    and    unusual    punishment.      35 
L.R.A.   569. 


DUEBILL. 

Personal  liability  of  corporate  officers   on, 

10  L.R.A.  677. 
Clearing  house  duebill.    25  L.R.A.  826. 


DUELING. 


Solicitation  to.    25  L.R.A.  437. 

Cruel     or    unusual     punishment    for.      35 

L.R.A.  571. 
Homicide  in  the  commission  of.     63  L.R.A. 

377. 
Degree   of   homicide   in   case   of   killing   in 

duel.     5  L.R.A. (N.S.)  821. 


DUE   PROCESS    OF   LAW. 

See  Constitutional  Law,  IX.  c. 


DUES. 

Meaning  of.    15  L.R.A.  513. 

Enforeoabilitv  of  dues  of  members  of  social 

clubs.     .34  L.R.A.  (N.S.)    647. 
Consult  also  L.R.A.  Digests  of  Cases. 


DUMB   PERSONS. 

See  Deaf  and  Dumb. 

4  «  » 


DUMB  WAITER. 

Liability  of  landlord  for  personal  injuries 
to   wife  of   lessee.     L.R.A.1916F,   1152. 

Liability  of  landlord  for  personal  injury 
by  defects  in,  to  member  of  lessee's 
family  other  than  wife.  L.R.A. 1916F, 
1162. 

Landlord's  liability  for  injury  to  servant  of 
tenant  by  defect  in  dumb  waiter. 
L.R.A.1916F,  1148. 


DUMMY  DIRECTORS. 


Validity  of  agreement  to  elect. 
(N.S.)   658. 


27  L.R.A, 


DUMMY  STOCKHOLDERS. 

Liability  of  dummy-holder  of  stock  for 
pledgee's  benefit.    36  L.R.A.  140. 

Liability  of  pledgee  of  stock  listed  in  name 
of  dummy  holder.  19  L.R.A. (N.S.) 
252. 


DUMPING  GROUND. 

Municipal   liability    as   to,   see   Municipal 
Cokpobations,  §  78. 


DUPLICATE. 


Presumption  as  to  alteration  of  typewritten 
instrument  made  in  duplicate.  18 
L.R.A.(N.S.)   680. 

To  whom  delivery  may  be  made  under  du- 
plicate bills  of  lading.     38  L.R.A.  362. 


DUPLICITY. 


In  indictment,  see  Indictment,  etc.,  §  31. 
In  pleading  in  civil  action,  see  Pleading, 

§  15. 
In  statutes,  see  Statutes,  §§  13,  14. 

In   description   of   offense    in   bail   bond   or 
recognizance.     38  L.R.A.(N.S.)    328. 


DURATION. 


Of  easement,  see  Easements,  §  17. 

Of  employment,  cee  Master  and  Servant, 
§  5. 

Of  municipal  contract,  see  Municipal  Cor- 
porations, §  55. 


442 


JXDEX  IX)  J..R.A.  NOTES. 


DURATION— cont'd. 

Of  private  corporation.     33  L.S.A.  676. 

Of  period  of  conipulsorv  labor  of   prisoner, 

27  L.R.A.  600. 
Right  of  wiliioss   lo  express  opinion  as  to 

duration  of  time.     L.R.A.1918A,  708. 


DURESS. 

8    1.  Generally. 

Contract  procured  by  threats  of  prosecu- 
tion of  a  relative,  see  Contracts,  §  91. 

Equity  jurisdiction  in  case  of,  see  Equity, 
§8. 

To  avoid  marriage.     43  L.R.A.  814. 

Cohabitation  as  ratification  of  forced  mar- 
riage.    27   L.R.A.(N.S.)    805. 

Of  employee  in  respect  to  inventions.  6 
L.R.A.(N.S.)    1179. 

Incriminating  evidence  furnished  by  de- 
fendant acting  under  compulsion.  32 
L.R.A.(N.S.)   772;  L.R.A.1918B,  849. 

§   2.  What  constitutes. 

By  lien  on  real  property.     16  L.R.A.  376. 

By  demanding  receipt  as  a  condition  of 
payment.     1  L.R.A.(N.S.)    867. 

Payment  of  illegal  bonus  for  discharge  of 
mortgage  pending  foreclosure.  2 
L.R.A.(N.S.)   574. 

What  constitutes  duress  for  which  mar- 
riage may  be  annulled.  27  L.R.A.  (N. 
S.)   803. 

When  payment  of  license  fee  is  made  under 
duress.     22  L.R.A.  (N.S.)    873. 

Voluntariness  of  payment  of  license  fee  un- 
lawfully exacted  under  color  of  author- 
itv.  22  L.R.A.(N,S.)  872;  49  L.R.A. 
(N.S.)  387. 

Merely  demanding  that  accused  produce  in- 
criminating document  as  violation  of 
his  privilege  against  self-crimination. 
35  L.R.A.(N.S.)    1171. 

Threats  of  imprisonment  by  public  ofiBcer. 
L.RJ^.1916B,  670. 

Duress  of  real  property.    L.R.A,1915B,  498. 

§   3.  Effect  of. 

Right  to  recover  back  money  paid  under, 

see  Assumpsit,  §  4;  Taxes,  §§  86,  87. 
As  excuse  for  crime,   see  Criminal  Law, 

§  22. 
As  ground   for   divorce,   see   Divorce   and 

Separation,  §  21. 
As  ground  for  injunction  against  judgment, 

see  Injunction,  §  56. 
Effect  of,  to  avoid  marriage,  see  Marriage, 

§  6. 


DURESS— cont'd. 

As  ground  of  injunction  against  judgment. 
30  L.R.A.  802. 

Right  to  avoid  marriage  entered  into  to 
escape  prosecution  for  seduction,  upon 
ground  of  duress.  16  L.R.A.(N.S.) 
938. 

Voluntariness  of  confession  made  under. 
18  L.R.A,(N.S.)  795;  60  L.R.A.(N.S.) 
1077. 

Effect  of  shipping  contract  limiting  car- 
rier's common  law  liabilitv  signed  under 
compulsion.     28  L.R.A. (N.S.)  637. 

As  an  excuse  for  crime.     19  L.R.A.  357. 

Effect  of  duress  of  real  property.  L.R.A. 
1915B,  498. 

Enforcement  of  contract  entered  into  under 
circumstances  not  constituting  duress 
by  its  proper  law,  but  so  regarded  by 
the  law  of  the  forum.    4  B.  R.  C.  423. 


DUST. 


Servant's  assumption  of  risk  from.  25 
L.R.A.(N.S.)   364. 

Right  to  recover  for,  in  condemnation  pro- 
ceedings.    40  L.R.A.(N.S.)    48.     ' 

Right  to  compensation  in  condemnation 
proceedings  for  damages  to  part  of 
tract  not  taken  by  dust  incidental  to 
operation  of  railroad. "  17  L.R.A.  (N.S.) 
1054;  L.R.A.1916E,  445. 


26  L.R.A.(N.S.) 


As  ground  of  attack  on  divorce  decree 
L.R.A.1917B,  457. 

As  affecting  compromise 
308. 

Impeachment  of  certificate  of  acknowledg- 
ment because  of.  41  L.R.A.(N.S.) 
1169.  ing  from  deviation.    L.R.A.1918A,  1066. 

Begin  with  thik  boole  on  every  law  question. 


DUTIES. 


When  is  offense  of  smuggling,  denounced  by 

U.  S.  Rev.  Stat.  §  2865    (U.  S.  Comp. 

Stat.    1901,    p.    1905),    complete.      31 

L.R.A.(N.S.)  264. 
Question  relating  to,  as  Federal  question. 

62  L.R.A.  538. 
Permit  for  unlading.     56  L.R.A.  134. 
Entry  or  statement  of  baggage.     56  L.R.A. 

133. 
Forfeiture    for   violation    of   revenue    laws. 

2  L.R.A.(N.S.)   185. 
Forfeiture   of   dutiable   articles   in   passen- 
ger's baggage.    56  L.R.A.  130. 
Necessity    and    sufficiency    of    statement   of 

grounds  in  notice  of  protest  required  as 

condition  of  recovering  back  unlawful 

duties  paid.     36  L.R.A. (N.S.)    482. 
Right    to    recover    price    of    goods    sold    to 

smugglers.     15  L.R.A.  834. 
Liability  of  carrier  for  extra  duties  result- 


INDEX  TO  L.R.A.  NOTES. 
DWELLINGS.  DYING   DECLARATIONS. 


443 


§    1.  Generally. 

As  to  buildings,  see  Buildings. 
Covenants  as  to,  see  Covenants,  §  22. 

Right  of  peace  officer  to  enter  dwelling  to 
make   arrest.      16    L.R.A.    500. 

Homicide  to  prevent  attack  in,  or  trespass 
or  assault  on.  67  L.R.A.  541 ;  45  L.R.A. 
(N.S.)   71. 

■"Retreat  to  the  wall"  in  homicide  in  defense 
of.     2  L.R.A. (N.S.)   71. 

Right  of  owner  or  lessee  of  mineral  in  place 
to  use  the  surface  of  the  land  for  erec- 
tion of.     48  L.R.A.(N.S.)    888. 

Effect  of  constitutional  or  statutory  pro- 
vision exempting  dwelling  houses  from 
condemnation  proceedings.  L.R.A. 
1916A,  1100. 

Right  to  break  and  enter  dwelling  to  serve 
civil  writ  of  process.  L.R.A. 1916D, 
281. 

§    2.   Wliat  arc. 

What  constitutes.    67  L.R.A.  545. 

What  are  dwellings  within  meaning  of  a 
water  company's  obligation  to  supply 
water  at  prescribed  rates  for  dwellings. 
11  L.R.A.(N.S.)  613. 


Admissibility  of  evidence,  see  Evidence,  XL 

J- 
Weight  of,  see  Evidence,  §  318a. 


DYNAMITE. 


As  to  explosives  generally,  see  Explosions 
AND  Explosives. 

Negligence  in  the  manufacture  and  storage 
oL    29  L.R.A,  718. 

Master's  liability  for  injuries  due  to  ex- 
plosion of,  by  lightning.  28  L.R.A.  (N. 
S.)    1260. 

As  dangerous  agency  for  injury  by  which^ 
when  used  bv  servant,  master  is  liable. 
10  L.R.A.  (N.S.)    372,  376,  397. 

Liability  for  injury  to  children  from  dyna- 
mite left  accessible  to  them.  14  L.R.A. 
(N.S.)   586;  L.R.A.1917A,  1295. 

Violation  of  statute  or  ordinance  relating 
to,  as  ground  of  private  action.  48 
L.R.A.(N.S.)    880. 

Keeping  of,  on  insured  premisea  L.R.A. 
1917C,  278. 


EARNINGS. 

Future  earnings,  see  Futube  Earnings. 

Right  of  creditors   in   personal   services   of 

debtor.     21  L.R.A.  623. 
Capitalization    of,    in    valuation    of    public 

service     property.        48      L.R.A.  (N.S.) 

1109;  L.R.A.1916F,  655. 
As  element  to  be  considered  in  determining 

compensation  to  be  paid  public  utility 

company    upon    taking    its    plant.      47 

L.R.A.  (N.S.)    784,   785,   799. 
Consideration   of,   in   determining  value   of 

property    for    taxation.      Li.R.A.1916C, 

529. 
Taxation  of,  as  part  of  capital  stock  of  cor- 
poration.    58  L.R.A.  569. 
Loss  of,  as  element  of  damages  for  breach  of 

contract    of    partnership.      51    L.R.A. 

(N.S.)    90. 
Evidence   of   the   earnings   of  the  deceased 

to   show   pecuniary   loss   by   his  death. 

L.R.A.1918C,  1O80,   1112;   L.R.A.1918E, 

280. 
Basis  for  determining  earning  capacity  in 

action  under  Civil  Damage  Act.    L.R.A. 

1918F,  654. 


EARTH  OILS. 


Keeping   of,   on    insured    premises.      L.R.A. 

191 7C,  278. 
Consult  also  L.R.A.  Digests  of  Cases. 


EARTHQUAKE. 

Liability  of  insurer  for  fire  caused  by.    21 

L.R.A.(N.S.)   103. 
Fall   of   building   clause   in    fire    insurance 

policy.     32  L.R.A.(N.S.)    604. 


EASEMENTS. 


I.  In  general,  §  1. 
II.  What  constitutes,  §  8. 
III.  Nature;  Tcind,  §§  3-5. 
IV.  Creation;  how  acquired,  §§  0-19 
a.  In  general,  §   6. 
h.  By  express  terms,  §§  7,8. 

c.  By  prescription,   §   9. 

d.  By  implication;  as  appurte- 

nant; of  necessity,   §§    10- 
15. 
V.  Transfer  of;  duration,  §§  16,  17. 
VI.  Interference  with;  change  of,  §§ 
18-21. 
VII.  Extent  of  right;  maintenance  of 
easement;  remedies,  §§  22-24:. 
VIII.  Loss;    abandonment;    extinguish- 
ment, §§  25-28. 

I.  In  general. 

§    1.  Generally. 

Public  easement,  see  Highways;  PAbks» 
In  highway,  see  Highways,  IV. 


444 


INDEX  TO  L.R.A.  NOTES. 


EASEMENTS,  I.— cont'd. 

In  party  wall,  see  Party  Wall,  §  2. 

In  stairway,  see  Stairway,  §  I. 

In  waters,  see  Waters,  II. 

Tenant's  easement  of  light  and  air,  see 
Landlord  and  Tknant,  §  43. 

Of  lateral  support,  see  Lateral  Support. 

As  to  license,  see  Lkenkk,  I. 

As  to  subjacent   support,  see  Mines,  §  29. 

As  to  railroad  right  of  way,  see  Rail- 
roads, §§  15-18. 

Registration  of  easements   under  the  Tor- 

rens  Law.     L.R.A.1916D,  77. 
E.xisteiice  oi    public  highway,  private  way, 

or   railroad    right   of   way   across    land 

at    time   of   conveyance    as    breach    of 

covenants.     48  L.R.A. (N.S.)  619. 
Existence  of  water  right  on  land  at  time 

of   conveyance   as    breach   of   covenant. 

61  L.R.A.(N.S.)  428. 
Effect   of   lapse  of  time  to  cure  defect  in 

title  consisting  of  easement.    38  L.R.A. 

(N.S.)    39. 
What  constitutes  a  "taking"  of.     18  L.R.A. 

166. 
Possession   of  easement  as  notice  of  title. 

13  L.R.A.(N.S.)    132. 
Injunction  against  interference  with  fences 

under  claim  of.     7  L.R.A.(N.S.)   58. 
Of  right  of  way  on  shore.     4  L.R Jk..  ( N.S. ) 

872. 
Dedication  of   land  as   affecting  easement. 

31  L.R.A.(N.S.)    1028. 
Enforcement  of  provision  for  right  of  way, 

although  valid  reservation  not  created. 

3  L.R.A.(N.S.)    98. 
Duty  to  member  of  public  on  private  way 

used   by   public   generally.     21   L.R.A. 

(N.S.)  977. 

II.  What  constitutes. 

§  2.  Generally. 

Interest    of    owner    in    burial    lot    as.      67 

L.R.A.  119;  L.R.A.1918A,  147. 
Restrictive  covenants  as  to  use  of  property 

as.     37   L.R.A. (N.S.)    36. 

III.  Nature;  Tcind. 

§  3.  Generally. 

Nature   of   right  to  lateral  and  subjacent 

support.     68  L.R.A.  683. 
Effect  upon  easement  of  unity  of  seisin  of 
dominant  and  servient  estates.     1 
B.  R.  C.  477. 
Easement  for  use  of  water  as  appurtenant 
or  in  gross.    L.R.A.1918F,  447. 

§   4.  Effect  of,  on  title  to  land. 

-As  affecting  marketaljility  of  title.  38 
L.R.A.(N.S.)   33. 

Kxistente  of  public  highway,  private  wav, 
or  railroad  right  of  way  across  land  at 
time  of  conveyance  as  breach  of  cove- 
nants.     30    L.R.A.  (N.S.)    833. 

§  6.  —  knowledge  of  existence  of. 

Effect  of  purchaser's  knowledge  of,  in  ac- 
tion for  breach  of  covenant  against  en- 
cumbrance.    4  L.R.A.  (N.S.)    314. 

Physical  conditions  which  will  charge  pur- 
chaser of  servient  estate  with  notice  of 
easement.     8  L.R.A. (N.S.)   418. 

Begiv  with  this  booTc  on  every  law  question. 


EASEMENTS— cont'd. 

IV.  Creation;  how  acquired, 
a.  In  general. 

§   6.  Generally. 

Easement  of  builder  of  partv  wall  in  non- 
builder's  land.     66  L.R.A.  704. 


b.  By  express  tenns. 

%    7.  Generally. 

Grant  of  right  of  way  on  shore.  4  L.R.A. 
(N.S.)   881. 

Validity  of  contract  by  public-service  cor- 
poration for  exclusive  right  of  way 
across  private  property.  36  L.R.A. 
(N.S.)    456. 

Power  of  husband  to  create  easements  in 
homestead  without  wife's  consent.  27 
L.R.A.(N.S.)    963. 

Effect  of  language  in  deed  indicating  pur- 
pose of  grant  or  use  to  which  the  prop- 
erty is  to  be  put  as  creating  easement. 
L.R.A.1918B,  701,  706. 

§   8.  By  exception  and  reservation. 

General  distinctions  between  exception  and 
reservation.     20  L.R.A.   631. 

Creation  of  easement  by  reservation.  20 
L.R.A.  631. 

Words  of  inheritance  necessary  in  tlie  res- 
ervation of  easements.     20  L.R.A.  632. 

Exception  of  easements.     20  L.R.A.  632. 

Words  of  inheritance  not  necessary  to  ex- 
cept an  easement  in  fee.    20  L.R.A.  633. . 

Necessity  of  technical  words.  20  L.R.A. 
633. 

Reservation  out  of  grantee's  ocher  proper- 
ty.    20  L.R.A.  633. 

Reservation  in  favor  of  stranger.  20  L.R.A. 
634. 

Construction  of  reservation.    20  L.R.A.  634. 

Duration  of  easements  appurtenant.  20 
L.R.A.  635. 

Illustration  of  the  use  of  reservations.  20 
L.R.A.  637. 

Reserved  in  condemnation  case  to  reduce 
damages.    26  L.R.A.  751. 

§  8.  By  exception  and  reservation. 

Effect  of  provision  as  to  crossing  in  deed 
to  railroad  right  of  way.  4S 
LJl.A.(N.S.)    378. 

c.  By  prescription. 

§  9.  Generally. 

Prescriptive  rights  as  to  easements  in 
water,  see  Waters,  §§  101-105. 

Acquisition  of  easement  by  prescription 
where  original  use  was  under  li- 
cense.    44  L.R.A. (N.S.)   89. 

Use  of  way  by  necessity  as  affecting  cre- 
ation of  easement  by  prescription.  44 
L.R.A.  (N.S.)   101. 

Acquisition  by  prescription  of  right  to  visit 
object  of  interest  on  private  property, 
or  to  resort  thereto  for  purposes  of 
pleasure.    4  B.  R.  C.  889. 


JM)KX  TO  L.R.A.  NOTES. 


445 


EASEMENTS,  IV.  c— cont'd. 

May  a  tenant  of  one  close  acquire  an  ease- 
ment in  an  adjoining  close  of  his  land- 
lord against  tlie  latter  or  another  of 
his  tenants.     4   B.  R.   C.  998. 

Prescriptive  easement  to  discharge  water, 
snow,  or  ice  from  roof  upon  premises 
of  adjoining  owner.     L.R.A. 1916A,  695. 

Prescriptive  right  to  fish.     60  L.R.A.  496. 

Prescriptive  right  by  use  of  underground 
water  pipes,     2  L.R.A.(N.S.)    976. 

Prescriptive  right  to  lateral  support  of 
buildings.    20  L.R.A.  730. 

Right  of  way  on  shore  by  custom  or  pre- 
scription.    4   L.R.A.  (N.S.)    880. 

Acquisition  by  prescription  of  party -wall 
easement  in  common  division  wall.  18 
L.R.A.(N.S.)   131. 

Prescription  or  adverse  possession  of  grave 
or  burial  lot.     40  L.R.A.(N.S.)    752. 

Acquisition  of  prescriptive  right  of  way 
across  railroad  tracks.  35  L.R.A. 
(N.S.)    190;   48  L.R.A.  (N.S.)    903. 

Effect  of  protest  by  owner  to  prevent  ac- 
(juisition  of  riglit  of  way  by  prescrip- 
tion.    25  L.R.A.(N.S.)    174. 

Leaving  bars  or  gates  for  convenience  of 
neighbor  when  fencing  land,  as  affect- 
ing the  acquisition  of  easement  of  way 
by  prescription.     35  L.R.A. (N.S.)    941. 

Void  parol  conveyance  of  easement  as  foun- 
dation   for    easement    by    prescription. 

13  L.R.A. (N.S.)   991. 

Burden  of  sliowing  that  use  upon  whicli  an 
easement  by  prescription  is  claimed  was 
permissive,  and  not  under  claim  of 
right.  8  L.R.A.(N.S.)  149;  44  L.R.A. 
(N.S.)  98. 

d.  By  implication;  as  appurtenant;  of 
necessity. 

§    10.  Generally. 

Creation  of  easement  by  sale  of  land  as 
bounded  by  street  or  alley,  see  Dedica- 
tion, §  6. 

Appurtenant    easements.      2    L.R.A.    285 :  * 

14  L.R.A.   300;    20   L.R.A.   635. 
Implied    grant    of,    in    partition    deed.      3 

L.R.A.(N.S.)    1082* 
Right  of  way  on  shore  as  appurtenant  to 

fishery  right.     4  L.R.A. (N.S.)    879. 
Reciprocal  easements  as  to  artificial  water 

rights.     17  L.R.A.(N.S.)   945. 
Way  appurtenant  to  close  from  which  it  is 

separated     by     intervening     lands.       2 

L.R.A.(N.S.)    983. 
Right  to  discharge  water,  snow  or  ice  from 

roof   upon   premises  of   adjoining  own- 
er.    L.R.A.1916A,  693. 

§  11.  By  conveyance  with  reference  to 
street,  alley,  or  private  way. 

Effect  of  bounding  grant  on  private  way  to 
carry  title  thereto.  24  L.R.A. (N.S.) 
539. 

Right  of  grantee  to  claim  an  easement,  im- 
plied covenant,  or  estoppel,  as  against 
the  grantor,  by  a  call  in  the  deed  for  a 
street  or  alley  in  which  the  grantor 
owns  the  fee.     14  L.R.A. (N.S.)   878. 

Consult  also  L.R.A.  Digests  of  Cases. 


l']ASEMENTS,  IV.  d— cont'd. 

Riglit  of  purchaser  of  property  according 
to  plat  to  easements  in  streets  or  ways 
indicated  thereon,  other  than  those  on 
which  his  property  abuts.  28  L.R.A. 
(N.S.)    1024. 

Implied  easement  by  exhibiting  unfiled  plat 
to  intending  purchaser.  35  L.R.A. (N.S.) 
938. 

Bounding  land  on  alley  as  covenant  that 
alley  exists,  where  grantor  does  not 
own  the  fee  thereof.  10  L.R.A.(N.S.) 
964. 


§  12.  By  severance  of  tract  of  land 
with  apparent  benefit  existing. 

The  general  rule.  26  L.R.A.(N.S.)  316; 
L.R.A.1915C,  346. 

Requisites.  26  L.R.A. (N.S.)  324;  L.R.A. 
1915C,  347. 

Incidents.  26  L.R.A. (N.S.)  336;  L.R.A. 
1915C,  348. 

Application  of  rules  to  easements  of  way 
or  passage.  26  L.R.A.  (N.S.)  344; 
L.R.A.1915C,  349. 

Application  of  rules  to  easements  in  waters 
and  water  courses.  26  L.R.A. (N.S.) 
356;  L.R.A.1915C,  351. 

Application  of  rules  to  easements  of  drain- 
age. 26  L.R.A.(N.S.)  361;  L.R.A. 
1915C,  353. 

Application  of  rules  to  easements  of  sup- 
port of  land  and  buildings.  20  L.R.A. 
(N.S.)    364;  L.R.A.1915C,  353. 

Application  of  rules  to  easements  of  light 
and  air.  26  L.R.A.(N.S.)  369;  L.R.A. 
1916C,  354. 

Use  of  building.     L.R.A.1915C,  355. 

Miscellaneous.     L.R.A.1915C,  355. 


§  13.  Elasements  of  light,  air,  and 
prospect. 

Interference  with  easements,  see   infra,  §§ 

19-21. 
Tenant's     easements,     see     Landlord     and 

Tenant,  §  43. 

Abutting  owner's  easements  of  light  and 
air.  11  L.R.A.  634  ;•  14  L.R.A.  370, 
381. 

Implied  easement  of  light,  air,  and  pros- 
pect.    22  L.R.A.  536. 

Tenant's  easement  of  light  and  air.  22 
L.R.A.  540;  23  L.R.A.  158. 

Does  lease  carry  right  to  light  and  air  from 
adjoining  premises  of  landlord.  13 
L.R.A.(N.S.)   333;  L.R.A.1918B,  475. 

American  law  as  to  easements  of  light,  air, 
and  prospect.  22  L.R.A.  536;  8 
L.R.A.(N.S.)    350. 

Creation  of  easements  of  light  and  air  by 
severance  of  tract  of  land  with  appar- 
ent benefit  existing.  26  L.R.A.(N.S.) 
0.9;  L.R.A.1915C,  354. 


§14.  "Way  of  necessity. 

Way  of  necessity  where  other  possible 
modes  of  access  exist.  17  L.R.A. (N.S.) 
1019;   32  L.R.A.  (N.S.)   1075. 


446 


INDEX  TO  L.R.A.  NOTES. 


EASEMENTS,  IV.  d— cont'd. 

Does  the  fact  that  the  sale  of  part  of  a 
tract  is  involuntary  prevent  the  impli- 
cation of  a  wav  by  necessity  over  the 
remainder.     12 "L.R.A. (X.S.)   482. 

Use  of  way  by  necessity  as  affecting  cre- 
ation of  easement  by  prescription.  44 
L.R.A.(N.S.)    101. 


§    1 


Implication     from     necessity    of 
fHsoment  otlier  tliHii  rlfjlit  of  way. 
In  general.    8  L.R.A.  (N.S.)   328. 

Y.  Transfer  of;   duration. 

8    16.  Transfer  of. 

Devise  as  carrying  visible  easement.  38 
L.R.A.(N.S')   882. 

Effect  of  attempt  to  sever  appurtenant  ease- 
ment from  the  premises  for  the  benefit 
of  which  it  exists.    14  L.R.A.  300. 

Right  to  assign  or  transmit  easement  in 
gross.     14   L.R.A.   333. 

Easement  for  use  of  water  as  appurtenant 
or  in  gross.     L.R.A.1918F,  447. 

Applicability  to,  of  rule  against  conveyance 
of  land  held  adversely.  35  L.R.A.  (N. 
S.)  744. 

Transferability  of  right  to  take  advantage 
of  breach  of  condition  on  which  ea.se- 
ment  granted.     60  L.R.A.  764. 

Right  of  owner  of  dominant  estate  to  grant 
rights  in  easement  to  one  having  no 
title  to  or  interest  in  the  tract  to  which 
it  is  appurtenant.  41  L.R.A.  (N.S.) 
1107. 

Right  of  remote  grantee  to  claim  easement 
by  way  of  necessity  not  opened  by  im- 
mediate grantee.     46  L.R.A. (N.S.)   156. 

§    17.  Du ration. 

Duration  of  easements  appurtenant.  20 
L.R.A.  635. 

Duration  of  right  created  by  provision  as 
to  crossing  in  deed  to  railroad  right 
of  way.     48  L.R.A. (N.S.)    380. 

VI.  Interference  with;  change  of. 

8    18.  Generally, 

Right  to  change  easement.     15  L.R.A.  93. 

Building  over  right  of  way.     15  L.R.A.  487. 

Revocabilitv  of  license  interfering  with  ease- 
ment. "^49  L.R.A.  505. 

Grant  of  "free"  right  of  way;  right  to  ob- 
struct    3  L.R.A.(N.S.)  461. 

Change  in  exercising  right  to  take  water 
from  another's  premises.  43  L.R.A. 
(N.S.)  824. 

Right  to  maintain  gates  or  bar  across  right 
of  way.     48   L.R.A. (N.S.)    87. 

Right  of  owner  of  servient  tenement  to 
fence  side  of  right  of  way  as  against 
owner  of  the  dominant  tenement.  7  B 
R.  C.  261. 

§  19.  Easements  of  light,  air,  and 
prospect. 

Creation  of  easements,  see  supra,  §  13. 

Change  in  character  or  use  of  dominant  tene- 
ment   as    affecting    easement.      L.R.A. 

191 7 A.  .V28. 


EASEMENTS,  VI.— cont'd. 

Injury  to  abutter's  easements  of  light,  air, 
and  access  by  vacating  street,  elianging 
grade,  etc.     14  L.R.A.  370,  383. 
!  Bad    motive    as    affecting    liability    for    ob- 
structing light  and  air.     62  L.R.A.  683. 

Right  to  interfere  with  light  and  air  by 
building  over  right  of  wav.  16  L.R.A. 
(N.S.)    193. 

Interference  with  view.     L.R.A.1917C,  1135. 

Injunction  against  interference  with  view 
from  street.     5' L.R.A. (N.S.)    486. 

Mandatory  injunction  for  removal  of  ob- 
struction to  light.    20  L.R.A.  161. 

What  constitutes  a  "taking"  of.  18  L.R.A. 
166. 

§   2  0.  —  by  railroad. 

Right  of  property  owner  to  compensation  for 
interference  with  light  or  air  by  rail- 
road structure  on  company's  own  prop- 
erty.    20  L.R.A. (N.S.)    1061. 

Abutter's  right  to  compensation  for  inter- 
ference with  easement  of  light,  air,  and 
access  bv  railroad  in  street.  36  L.R.A. 
(N.S.)   736,  778. 

§   21.  —on  leased  premises. 

Liability  of  landlord  to  tenant  for  obstruc- 
tion of.  23  L.R.A.  158;  13  L.R.A. 
(N.S.)   333;  L.R.A.1918B,  475. 

Liability  of  landlord  to  third  person  for 
obstruction    of    light.      26    L.R.A.    201. 

VII.  Extent    of    rifjht;    maintenance   of 
easetnent;  remedies. 

§   22.  Extent  of  right. 

Adaptation,    improvement,    and    repair    of 

right  of  way.     L.R.A.1918A,  593. 
Extent  of  indefinite  easement  as  affected  by 

the  extent  to  which   it  has  been  used. 

5  L.R.A. (N.S.)    851. 
Rights   conferred   by  grant   of   unrestricted 

easement    as    limited    to    a    reasonable 

use.     15   L.R.A.  (N.S.)    292. 
Right  of  way  for  irrigation  ditch;  right  oi 

fee    owner    to    cross.      3    L.R.A. (N.S.) 

1148. 
Easement  of  wav  as  including  the  right  to. 

lay  pipes.     L.R.A.1917F,  449. 
Extent  of  right  conferred  by  grant  or  res- 
ervation  in  conveyance  of  lot  of  right 

to  use  lane  or  alley.     3  B.  R.  C.  .J33. 
Right    to    maintain    gates    or    bars    across 

right  of  way.     48  L.R.A. (N.S.)    87. 
Right   of   owner   of   dominant   tenement   to- 

fence   side  of  right  *of  way  as  against 

owner  of  the  servient  tenement.       7  B. 

R.  C.  261. 
Character  of  vehicle  that  may  be  used  on 

private    right    of    wav.      L.R.A. 1918A, 

262. 
Enlarging  use  of  crossing  provided  for  in 

deed  to   railroad   of   right  of   wav.     48 

L.R.A. (N.S.)    .391. 
Change    in    character    or   use    of    dominant 

tenement  as  affecting  easement.     L.R.A. 

1917A,  528. 


Begin  with  this  book  on  every  law  question 


8   23.  Maintenance  of  easement. 

Duty    of    owner    of    servi.'nt    tenement 
maintain    and    protect    easement. 
L.R.A. (N.S.)   992. 


to 
IS 


INDEX  TO  L.R.A.  NOTES. 


447 


EASEMENTS,  VII.--cont'd. 

Right  of  owner  of  upper  floor  to  compel 
maintenance  of  walls.  3  L.R.A.  (N.S.) 
510. 

Right  to  use  public  funds  to  maintain  or 
improve  private  ways,  or  ways  dedi- 
cated to  public  but  never  accepted.  35 
L.R.A.(N.S.)    524. 

Negligence  in  care  of  private  way.  6  L.R.A. 
(N.S.)  310. 

§   24.  Remedies. 

Ejectment  for  public  easement.  11  L.R.A. 
(N.S.)    129. 

Right  of  owner  of  right  of  way  over  an- 
other's land  to  compensation  when  the 
land  is  taken  for  a  public  highway. 
2  L.R.A. (N.S.)    598. 

Remedies  for  failure  to  comply  with  provi- 
sion as  to  crossing  in  deed  to  railroad 
of  right  of  way.     48  L.R.A. (N.S.)   387. 

VIII.  Loss;    ahandonnient;    extinguish- 
ment, 

§   25.  Generally. 

Interference   with    easement   by    fence,    see 

Fences,  §  7. 
Effect  of  gates  on  easement,  see  Gates,  §  3. 

Change  in  character  or  use  of  dominant 
tenement  as  affecting  easement.  L.R.A. 
1917A,  528. 

Vacation  of,  or  refusal  by  public  to  accept, 
platted  street  or  highway  as  affecting 
private  easements  of  abutting  owners. 
L.R.A.1917A,  1123. 

Extinguislimcnt  of  easement  for  private 
way  by  its  incorporation  into  a  public 
way.    21  L.R.A.  (N.S.)   1002. 

Effect  of  destruction  of  building  to  termi- 
nate adjoining  owner's  easement  of  sup- 
port. 19  L.R.A.  (N.S.)  883;  46  L.R.A. 
(N.S.)    1021;   L.R.A. 1918D,  413. 

Right  of  abutting  owner  to  continue  enjoy- 
ment of  pathway  across  highway.  12 
L.R.A. (N.S.)   918. 

Loss  of  private  way  by  improvements  in- 
consistent with  its  use.  22  L.R.A.  (N. 
S.)     880. 

Tax  sale  as  cutting  off  easement.  L.R.A. 
1915D,  1115. 

Estoppel  to  assert  easement  by  deceiving 
one  acquiring  title.  48  L.R.A.  (N.S.) 
765. 

Right  to  maintain  gates  or  bars  across  right 
of  way.     48  L.R.A. (N.S.)   87. 

§    2  6.  Adverse  po.ssossioii, 

Inelosure  of  right  of  Avay  as  adverse  posses- 
sion.    1  L.R.A. (N.S.)   565. 

§    2  7.  Effect  of  nonuser. 

Mere  nonuser  will  not  extinguish  easement. 

18  L.R.A.  535. 
Necessity   that   nonuse   be   accompanied   by 

adverse    use    of    servient    estate.      18 

L.R.A.  537. 
Duration   of   adverse  use.      18   L.R.A.   538. 
Intention  of  owner  of  easement  as  indicated 

by  his  acts.  18  L.R.A.  538. 
Public  faseiuents.  18  L.R.A.  540. 
Consult  also  L.R.A.  Digests  of  Cases. 


EASEMENTS,  VTIL— cont'd. 
Abandonment   or    loss    of   private   way   by. 

22  L.R.A.  (N.S.)    880;   42  L.R.A.  (N.S.') 
741. 

Abandonment  of  highway  by.  26  L.R.A. 
449. 

§   2  8.  Abandonment. 

Abandonment  or  loss  of  private  way  by 
dominant  owner  cutting  off  access 
tliereto.     22   L.R.A. (N.S.)    884. 

Effect  of  abandonment  of  highway.  26 
L.R.A.  659. 

Abandonment  of  highway  by  nonuser  or 
otherwise  tlian  by  act  of  public.  26 
L.R.A.  449. 

Abandonment  of  private  way  by  nonuser  or 
improvements  inconsistent  with 
its  use.  22  L.R.A. (N.S.)  880;  42 
L.R.A. (N.S.)    741, 

Abandonment  of  crossing  created  by  provi- 
sion in  deed  to  railroad  of  right  of  way 
by  severance  of  ownership.  48  L.R.A. 
(N.S.)    386. 

Will  failure  to  maintain  easement  raise  a 
presumption  of  its  abandonment.  2 
L.R.A.  (N.S.)    832. 

Right  of  one  to  testify  to  his  intent  with 
reference  to  abandonment  of  easement. 

23  L.R.A.(N.S.)   397. 


EATING   PLACES. 


See  also  Boarders  and  Boardixg  Houses; 
Innkees'ebs  ;  Restaurants. 

Liability  for  serving  unfit  food.     40  L.R.A. 

(N.S.)   480;  L.R.A.1915B,  481. 
Serving  liquor  with  meals  as  a  sale  thereof. 

52  L.R.A. (N.S.)   722. 


EAVES. 

Extension  of,  beyond  line  as  violation  of 
building  restriction.  52  L.Rj^.  (N.S.) 
1051. 


EAVES   DRIP. 


Right  to  discharge  water  from  roof  upon 
premises  of  adjoining  owner.  L.R.A. 
1916A,  693. 


EAVESDROPPING. 

Admissibility,  in  criminal  case,  of  testimony 
as  to  facts  learned  while  eavesdrop- 
ping.    17  L.R.A.(N.S.)   451. 


♦  •» 


EBB   AND   FLOW. 

See  Tidal  Waters. 


448 


INDEX  TO  L.R.A.  NOTES. 


ECCENTRICITIES. 

As  insane  delusions.     37  L.K.A.  267. 
An    affecting    testamentary    capacity.      27 
L.RJl.(N.S.)  56;  L.R.A.1915A,  458. 


ECCLESIASTICAL  OFFICERS. 

Privilege    of    communications    to.      L.R.A. 
1917D,  278. 


ECCLESIASTICAL  TRIBUNALS. 

Conclusiveness  of  judgment  of,  see  Coubts, 

§  12. 
See  also  Religious  Societies. 

Comparison  of  handwriting  in.     62  L.R.A. 
829. 


ECONOMY. 


Statement  as  to  the  economy  of  operation  as 
a  warranty.    L.R.A.1917C,  1078. 


EDITOR. 

Liability  of,  for  libel,  see  Libei.  and  Slan- 
der, §  4. 


EDUCATION. 


Charitable  bequest  for,  see  Charities. 
As  to  schools  generally,  see  Schools. 

As  a  necessarv  for  an  infant.  42  L.R.A. 
(N.S.)  111.5. 

Effect  of  recital  in  deed  indicating  that 
land  is  to  be  used  for  educational  pur- 
poses.   L.R.A.1918B,  696. 


EDUCATIONAL  INSTITUTIONS. 

Taxation  of,  see  Taxes,  §§  24-26. 
See  also  Colleges;  Schools. 

Power  to  exercise  eminent  domain  for  pur- 
pose of.     48  L.R.A.rN.S.^    485. 

Liabilitv  of  property  of,  to  local  assess- 
ment. 35  L.R.A.  37;  44  L.R.A.(N.S.) 
57. 

Erection  of,  as  violation  of  restrictive  cove- 
nant in  deed.     41  L.R.A.(N.S.)   616. 


EFFECTS. 

Meaning  of  word  "effects"  in  a  will.    L.R.A 

1918F,  769. 
Will   real  estate  pass  under  the  word 

fects"    in    a    written    instrument. 

L.R.A.(N.S.)   661. 


"ef- 
12 


EFFICIENCY. 

Construction  of  guaranty  of,  as  affected  by 
specilications.     L.i;.A.1918F,   388. 


EGGS. 


Constitutionality  of  statute  requiring  an- 
nouncement that  eggs  are  imported. 
L.R.A.1916E,  1186. 


EGRESS. 


See  Access. 


EIGHT-HOUR  LAW. 

Hours   of  labor   bv   employee,   see  Master 
AND  Servant,"^  §§   32,  '33. 


EJECTION. 


Of  passenger,  see  Carriers,  §§  30-35;  Dam- 
ages, §  45. 

Liability  of   innkeeper   for   ejecting  guests. 

42  L.R.A. (N.S.)   830. 
Liability    for   ejecting   sick   tenant,   lodger, 

or  other  occupant.     55  L.R.A.  258. 
Liability  of  master   other  than   carrier  for 

wrongful    acts    of    servant    in    ejecting 

person  from  premises.     47  L.R.A. (N.S.) 

959. 


EJECTMENT. 


§'1.  Generally. 

Ejectment  not  prosecuted  to  judgment  as  a 
conclusive  election  of  remedies.  L.R.A. 
1917D,  658. 

Estoppel  in  pais  on  debt  as  basis  for  action 
of.    16  L.R.A.  813, 

Appointment  of  receiver  to  preserve  stattta 
quo  pending  ejectment  action.  38 
L.R.A.(N.S.)    230. 

Effect  of  remedy  by,  on  equitable  jurisdic- 
tion to  remove  cloud  on  title.  12 
L.R.A. (N.S.)    59. 

Right  of  purchaser  to  question  grantor's 
right  to  collect  purchase  money  in  ac- 
tion of  ejectment.  21  L.R.A. (N.S.) 
393. 

Conclusiveness  of  probate  in  action  of.  21 
L.R.A.   685. 

Injunction  against  dispossession  in  eject- 
ment.   30  L.R.A.  129. 

§   2.^  "When  proper  remedy. 

For  railroad  right  of  way.     66  L.R.A.  40. 

Abutter's  right  to  ejectment  against  rail- 
road  in   street.      36   L.R.A. (N.S.)    830. 

To  recover  possession  of  burial  lot.  67 
L.R.A.  125. 

To  remove  electric  wires.  11  L.R.A. (N.S.) 
920. 

For  encroachments  under  surface,  or  over- 
head.    11  L.R.A. (N.S.)   917. 

For  a  public  easement.  11  L.R.A. (N.S.) 
129. 


Begin  tvith  this  hoolc  on  every  law  questinn. 


INDEX  TO  L.R.A.  NOTES. 


449 


EJECTMENT— cont'd 

Injunction  or  ejectment  as  proper  remedy 
where  public  highway  is  illegally 
opened  over  private  property.  25 
L.R.A.  (N.S.)     511. 

§   3.  Prerequisites  to  action. 

Necessity  of  entry  or  formal  declaration  of 
forfeiture.  14  L.R.A.  (N.S.)  1188;  23 
L.R.A.  (N.S.)   938;  L.R.A.1917C,  882. 

§   4.   Who  may  maintain. 

Who  is  real  party  in  interest  by  whom  ac- 
tion must  be  brought.     64  L.R.A.  620. 

Right  of  surviving  partner  to  maintain 
ejectment  for  partnership  real  proper- 
ty.   28  L.R.A.  134. 

Remedy  of  pretermitted  heirs  by.  37  L.R.A. 
(N.S.)   1146. 

By  tenant  to  secure  possession.  L.R.A. 
1918A,  55. 

§  5.  — what  title  or  interest  will  sup- 
port. 

Estoppel  in  pais  upon  defendant  as  basis  of 

action.     16  L.R.A.  813. 
Oeiieral  rule  that  plaintiff  must  recover,  if 

at  all,  on  the  strength  of  his  own  title. 

18  L.R.A.  781. 
Equitable  title.     18  L.R.A.  781. 
Interest  in  public  land.     18  L.R.A.  782. 
Necessity  of  right  of  possession  and  inter- 
est in  land.     18  L.R.A.   783. 
Title    acquired    by    limitation.      18    L.R.A. 

786. 
Sufficiency   of   possessory   title.      18   L.R.A. 

784;  46  L.R.A. (N.S.)   487,  508. 
Equitable   estoppel    as   basis   for   action   of 

ejectment.     49  L.R.A.  (N.S.)   777. 
Ejectment  to  obtain  possession  of  burial  lot. 

67  L.R.A.  125:   L.R.A.1918A,  150. 
Ejectment  for  pier.     40  L.R.A.  648. 
Right  of  action  by  owner  of  dominant  es- 
tate    subject     to     easement.       18 
L.R.A.  787. 
To  obtain  railroad  right  of  way.    66  L.R.A. 

40. 
Sufficiencv  of  mining  rights  to  support.     18 

L.R.A.  787. 
Interest  of  a  mortgagee.     18  L.R.A.  788. 
Tenant  in  common.     18  L.R.A.  789. 
Executors,    administrators,    and    guardians. 

18  L.R.A.  789. 
Ejectment  by  widow  to  recover  dower.     18 

L.R.A.  790. 
Remaindermen.     18  L.R.A.   790. 
Establishment  of  prima  facie  title  in  plain- 
tiff   in    ejectment    by    conveyance,    or 

chain  of  conveyances,  not  running  back 

to  sovereignty,  or  to  the  common  source 

of     title.       lb     L.R.A.  (N.S.)     404;     22 

L.R.A.  (N.S.)    1100. 
Proof  under  general  denial  or  plea  of  the 

general    issue   of   want   of  title   in  the 

plaintiff.     L.R.A. 1918F,  250. 

§    6.  Disseisin. 

What    disseisin    will    support    action.      13 

L.R.A.  664. 
Public  use  as.     13  L.R.A.  664. 
Overhanging  eaves  as.     13  L.R.A.  664. 


EJECTMENT— cont'd  ; 

§    7.  Defenses. 

Availability  of  equitable  estoppel  as  defense. 

49  L.R.A.  (N.S.)  777. 
Defenses  available  imder  general  denial  or 

a    plea   of    the    general    issue.      L.R.A. 

1918F,  247. 

§    8.  Verdict. 

Requisites  of  special  verdict  in  action  of. 
24  L.R.A.  (N.S.)   18. 

§   9.  Judgment  generally. 

Judgment  against  plaintiff  in  trespass  to 
try  title  involving  boundary  as  estab- 
lishing boundary  claimed  by  defendant. 
38  L.R.A.  (N.S.)    1026. 

Right  to  accept  favorable  part  of  decree  and 
appeal  from  the  rest.  29  L.R.A.(N.S.) 
9. 

§   10.  — effect;   conclusiveness. 

See  Judgment,  37b. 

§11.  Relief  granted. 

Extent  of  recovery  in  ejectment  by  tenants 
in  common  against  stranger.  6  L.R.A. 
(N.S.)    710;   51  L.R.A.(N.S.)    50. 

§    12.  •—improvements;   crops. 

As  to  improvements  generally,  see  Improve- 
ments. 

Plowing  and  cultivating  land  as  an  im- 
provement.    20  L.R.A. (N.S.)   378. 

Right  as  between  successful  plaintiff  and 
evicted  defendant  to  crops  unsevered 
at  time  of  final  judgment.  23  L.R.A. 
(N.S.)    531;   L.R.A.1918A,  550. 

§   13.  Statutory  new  trial. 

Effect  of  prior  decision  on  statutory  new 
trial   in  real  actions.     40  L.R.A.   825. 

§    14.  Burden   of   proof. 

Burden  of  proof  in  ejectment  case  as  to  tes- 
tamentary   capacity.      17    L.R.A.    496. 

§    15.  Costs. 

Liability  of  beneficial  plaintiff  for  costs  in 

ejectment.     62  L.R.A.  623. 
Liability  for  costs  of  third  party  defending 

ejectment  suit.     62  L.R.A.  626. 


ELDERS. 

Privilege    of   communications    to   elders   of 
church.    L.R.A.1917D,  280. 


ELECTION. 


Cons^ilt  also  L.R.A.  Digests  of  Cases.    29 


Of  remedies,  see  Election  of  Remedies. 

Between  counts,  see  Trial,  §  10. 

To  take  under  will,  see  Wills,  §§  110-115. 

Effect  of  insurer's  election  to  rebuild,  re- 
pair, or  replace  insured  propei"ty  after 
a  loss.     20  L.R.A. (N.S.)    960. 

Right  of  one's  creditors  or  personal  repre- 
sentative to  make  or  control  election 
for  or  against  a  will,  or  between  differ- 
ent provisions  of  a  will  or  a  statute. 
11  L.R.A.(X.S.)    379. 


450 


INDEX  TO  L.R.A.  NOTES. 


ELECTION  DISTRICTS, 


Validity  of  apportionment.     15  L.R.A.  561. 

Interference  with,  by  annexation  of  prop- 
erty to  municipality.     27  L.R.A.  744. 

Effect  of  laches  in  questioning  unconstitu- 
tional apportionment  of.  10  L.R.A. 
(N.S.)    1184. 

Effect  of  ordinance  of  1787  upon  apportion- 
ment of  state  into  senatorial  and  as- 
sembly districts.     52  L.R.A. (N.S.)  311. 


ELECTION  OF  REMEDIES. 

/.  In  general,  §   1. 
II.  Choice,  §§  2-12. 

a.  In  general,  §§  2' 11. 
6.  Exclusiveneas     of     statutory 
reniedif,  §   12. 
III.  Effect;  pursuing  two  remedies,  §§ 
13-15. 

I.  In  general. 

§   1.  Generally. 

Right  to  join  defendants,  see  Parti ks,  §  36. 
Election  to  take  gift  by  will,  S(>e  \^ill8,  §§ 
110-115. 

II.  Choice, 
a.  In  general. 

g   2.  Generally. 

When    plaintiff   bound  to   elect.     4   L.R.A. 

147.* 
Alternative  remedies.     4  L.R.A.  146.* 
When   remedies  not  concurrent.     4  L.R.A. 

145.* 

g  S.  Between  assnmpsit  and  other 
remedy. 

Between  tort  and  assumpsit.  17  L.R.A. 
(N.S.)  280. 

Right  to  waive  tort  and  sue  upon  implied 
contract,  where  property  is  negligently 
destroyed.      37    L.R.A.  (^.S.)    230. 

Against  agent  contracting  as  such  with- 
out authority.     34  L.R.A. (N.S.)   525. 

Action  for  money  had  and  received  as  prop- 
er remedy  to  recover  money  secured  by 
fraudulent  contract.  36  L.R.A.(N.S.) 
602. 

g  4.  Against  principal  or  agent. 
Conclusiveness  of  election  between,  see  in- 
fra, §  15. 

Against  agent  contracting  as  such  without 
authority.    34  L.R.A. (N.S.)   523. 


g  5.  Of  landlord. 

Remedy  of  landlord  on 
premises  by  tenant. 
398. 


abandonment    of 
13  L.R.A.(N.S.) 


g   6.  Of  pretermitted  heirs. 

Til  general,     37  L.R.A. (N.S.)   1143. 

Right    or    duty    to    contest    probate.      37 

L.R.A.(N.S.)    1144. 
Begin  tcith  this  book  on  every  law  question. 


ELECTION  OF  REMEDIES,  II.  a— cont'd 
Setting     aside     probate.     37     L.R.A.  (N.S.) 

1144. 
Statutory  remedy  as  exclusive.     37   L.R.A. 

"■(N.S.)    1145. 
By  proceedings  in  equity.     37  L.R.A.  (N.S.) 

1146. 
By  writ  of  entry,  or  ejectment.     37  L.R.A. 

(N.S.)    1146. 
By    proceeding    for    partition.    37    L.R.A. 

(N.S.)    1147. 
By     intervening     in     administration.       37 

L.R.A.(N.S.)   1147. 
By  action   on  executor's  bond.     37    L.R.A. 

(N.S.)    1147. 
Miscellaneous.     37   L.R.A. (N.S.)    1147. 

g   7.  Of  servant. 

Remedies  as  to  thins;s  produced  by  labor 
of   employee.      5  "L.R.A.(N.S.)  "^1172. 

Effect,  on  common-law  action,  of  employ- 
er's liability  act.  12  L.R.A.(N.S.) 
1038. 

Effect  on  common  law  action  of  workmen's 
compensation  acts.  L.R.A.1916A,  72; 
L.R.A.1917D,  96. 

Election  by  servant  injured  l)y  negligence  of 
third  person  between  riglit  to  recover 
compensation  under  Workmen's  Com- 
pensation Act  and  right  to  bring  action 
at  law  against  a  negligent  third  person. 
L.R.A.1917D,  98. 

§   8.  — of  discharged  servant. 

See  Master  and  Servant,  §§  42-45. 

§  9.  For  enticement  of  servant,  or  ap- 
prentice. 

Case  as  remedy,  see  Case,  §  5. 

Form  of  remedy  for  enticement  of  servant. 

5  L.R.A.(N.S.)   1096. 
Waiver  of  tort  in  enticing  or  harboring  ap* 

prentice.     5  L.R.A.(N.S.)    1161. 

§    10.  As  to  rights  in  street. 

Remedies  of  abutting  owner  for  railroad  in 
street.     36  L.R.A.(N.S.)   807. 

Proper  remedy  to  make  available,  franchise 
in  street  or  higliway,  as  against  munic- 
ipality.    6  L.R.A. (N.S.)    782. 

Injunction  or  ejectment  as  proper  remedy 
where  highway  is  illegally  opened  over 
private  property.    25  L.R.A. (N.S.)  511. 

g    ll.  Miscellaneous. 

On  promise  for  benefit  of  third  person. 
25  L.R.A.  266. 

For  violation  of  statute  not  expressly  con- 
ferring right  of  action.  9  L.R.A. 
(N.S.)    388. 

On  conditional  sale.     32  L.R.A.  471. 

Resale  to  fix  damages  for  purchaser's  re- 
fusal to  accept  goods  as  election  of 
remedies.     42  L.R.A. (N.S.)    672. 

For  injuries  resulting  in  death.  34  L.R.A. 
788. 

Case  of  lesacv  charged  upon  devise.  30 
L.R.A. (N.S.)    826. 

For  enforcing  agreement  to  assume  debts  on 
dissolution  of  partnership.  9  L.R.A. 
(N.S.)    107. 


INDEX  TO  L.R.A.  NOTES. 


451 


ELECTION  OF  REMEDIES,  II.  a— cont'd 
For  protection  from  pollution  of  source  of 

municipal    water    supply.       11     L.R.A. 

(N.S.)    1166;   L.R.A.l'Jl'8E,  957. 
For    infringement   of   copyright.      2   L.R.A. 

(N.S.)    914. 
Remedy  of  one  who  fails  to  record  a  deed, 

against   his   grantor  who   subsequently 
*  conveys    to   an    innocent   third   person. 

26  L.R.A. (N.S.)    284. 
.Against  one  purchasing  goods  with  knowl- 
edge tliat  he  cannot  pay  for  them.     44 

L.R.A.  (N.S.)    25. 
Right  to  elect  to  sue  for  all  the  damages 

caused  by  a  continuing  nuisance  in  one 

action   or   to   bring   successive   actions. 

L.R.A.1916E,  1068. 

b.  Exclusiveness  o/  statutory  remedy. 

§   12.  Generally. 

Garnishment  of  personal  representative  as 
exclusive  remedy.     47   L.R.A.  365. 

Effect  of  legal  remedy  to  defeat  equitable 
jurisdiction  to  follow  trust  funds.  6 
L.R.A.(N.S.)   793. 

Exclusiveness  of  particular  statutory  meth- 
od for  revival  of  action.  33  L.R.A. 
(N.S.)    576. 

Exclusiveness  of  statutory  remedy  for  fail- 
ure to  furnish  cars.  26  L.R.A. (N.S.) 
851. 

Is  shipper's  common-law  right  of  action  for 
discrimination  by  carriers  taken  away 
by  statute  on  the  subject.  45  L.R.A. 
(N.S.)    612. 

For  enforcement  of  stockholder's  liability 
in  other  state.     34  L.R.A.  755. 

Exclusiveness  of  statutory  remedy  for  pre- 
termitted heirs.     37  L.R.A.  (NS.)   1145. 

Provision  for  testing  election  of  city  officer 
before  city  council  or  other  municipal 
body  as  exclusive  of  remedies  in  the 
courts.     26  L.R.A.(N.S.)   207. 

Right  to  resort  to  court  to  recover  taxes 
paid  on  erroneous  or  excessive  assess- 
ments without  previous  resort  to  stat- 
utory remedies.     16  L.R.A. (N.S.)    685. 

Statutory  remedy  of  one  whose  property 
has  been  taken  for  public  use  without 
his  consent  and  without  condemnation 
proceedings  as  exclusive  of  action  for 
compensation  or  permanent  damages. 
28  L.R.A. (N.S.)    974. 

Action  for  damages  for  breach  of  contract 
as  exclusive  remedy  of  wrongfully  dis- 
charged servant.     6  L.R.A. (N.S.)   53. 

Exclusiveness  of  remedy  furnished  by  work- 
men's compensation  acts.  L.R.A.1916A, 
223;  L.R.A.1917D,  93. 

III.  Effect;  pursuing  two  remedies. 

§    13.  Generally. 

Estoppel  by  judgment,  see  Judgment,  III. 

Effect   of,   in   case   of   fraudulent   purchase. 

15  L.R.A.  89. 
Effect  of  choosing  by  mistake   remedy   not 

legally  available.     8  L.R.A.(N.S.)    144; 

22  L.iR.A.(N.S.)    1153. 
Consult  also  L.R.A.  Digests  of  Cases. 


ELECTION  OF  REMEDIES,  III.— cont'd 

Eifect  of  electing  to  resell  goods  to  fix 
damages  for  purchaser's  refusal  to  ac- 
cept.    42  L.R.A. (N.S.)    673. 

Purchaser's  election  to  rescind  for  breach 
of  warranty  as  affecting  recovery 
against  seller.    27  L.R.A. (N.S.)  925. 

Effect  of  election  between  tort  and  contract 
to  determine  character  of  action.  50 
L.R.A.  (N.S.)    31. 

Provisions,  in  lease  accelerating  maturity 
of  future  rents  and  giving  lessor  right 
to  take  possession  upon  default  in  pay- 
ment of  rentals  or  upon  insolvency  of 
lessee,  as  alternative  or  concurrent. 
L.R.A.1916B,  1101. 

§    14.  Conclusiveness  of  election. 

Election  between  causes  of  loss  in  case  of 
property  insurance.     L.R.A.1918F,  997. 

Bringing  suit  not  prosecuted  to  judgment 
as  a  conclusive  election  of  remedies. 
34  L.R.A.  (N.S.)  309;  L.R.A.1917D,  657. 

Action  for  price  as  bar  to  action  for  dam- 
ages for  fraud.     8  L.R.A. (N.S.)    582. 

Bringing  action  for  purchase  price  as  waiv- 
er of  right  of  vendor  in  conditional 
sale  to  recover  property  in  specie.  23 
L.R.A.(N.S.)    144. 

Bringing  an  action  for  the  purchase  price 
as  a  waiver  by  the  vendor  of  the  title 
and  remedy  clauses  in  a  conditional 
sale   contract.      L.R.A.1916A,   925. 

By  parent  for  enticing  or  harboring  of 
minor  child.     45  L.R.A. (N.S.)    874. 

Effect  of  bringing  action  at  common  law  to 
bar  action  under  Federal  employers'  lia- 
bility act.     47  L.R.A.(N.S.)   78. 

Election  of  remedy  against  one  purchasing 
goods  with  knowledge  that  he  cannot 
pay  for  them.     44  L.R.A.  (N.S.)    25. 

Suit  for  damages  as  waiver  of  right  to  for- 
feit deed  for  breach  of  condition.  5' 
L.R.A.(N.S.)   603. 

Waiver  of  purchaser's  right  to  rescind  the' 
contract  for  purchase  of  real  property. 
30  L.R.A.  (N.S.)   872. 

Waiver  of  lien  of  chattel  mortgage  by  at- 
tachment or  execution.  24  L.R.A. 
(N.S.)    490;   51  L.R.A. (N.S.)    10681 

Attempt  to  enforce  lien  under  clause  in  a 
lease  giving  landlord  lien  on  crops  &nd 
chattels,  as  election  preventing  its  en- 
forcement as  a  chattel  mortgage.  20" 
L.R.A.  (N.S.)    259. 

Suit  upon  agreement  for  stipulated  dam- 
ages as  bar  to  remedy  by  injunction  to- 
restrain  the  violation  of  agreement  not 
to  practise  medicine  or  surgery  within 
a  certain  territory.     L.R.A.1915B,  210. 

Principal's  collecting  or  attempting  to  col- 
lect proceeds  of  contract  from  agent  as 
precluding  assertion,  as  against  the 
other  party  to  the  contract,  of  the 
agent's  fraud  or  lack  of  authority. 
L.R.A.1917D,  701. 

Recovery  of  damages  against  tort  feasor  in 
case  of  injury  to  servant  by  negligence 
of  third  person  as  bar  to  recovery  under 
Workmen's  Compensation  Act  or  vice 
versa.    L.R.A.1917D,  99. 

§    15.  —against  principal  or  agent. 

Right  to  choose  between,  see  supra,  §  4. 


432 


IXDEX  TO  L.R^.  NOTES. 


ELECTION  OF  REMEDIES,  III.— cont'd      . 

Action  against  agent  as  bar  to  one  against  I 
principal  undisclosed  when  first  action 
begun.     6  L.R.A.(N.S.)    729. 

Commencing  action  or  taking  judgment 
against  either  an  undisclosed  princi- 
pal or  his  agent  as  a  bar  to  a  subse- 
quent action  against  the  other.  21 
LJlJ^.(N.S.)  786. 

Effect  of  election  by  injured  person  on  lia- 
bility of  agent  of  leased  premises  for  in- 
juries due  to  defects  therein.  L.R.A. 
1917C,  85. 


ELECTIONS. 

7.  Voters;  right  to  vote,   §§   IS. 
II.  Elections,  §§  0-24:. 

a.  In  genei'al,  §§  9-18. 

b.  Ballots;  voting  machines,  §§ 

19-23. 

c.  Election  frauds  and  crimes, 

§  24. 
III.  Nominations;     primary     elections, 

§§  2o,  26. 
ir.  Contests,  §§27,  28. 

As  to  initiative,  referendum,  or  recall,  see 
Initiative,  Rkfebendum,  and  Recall. 

I.  Voters;   right   to   vote. 

§   1.  Generally. 

Right  to  vote  as  a  privilege  or  immunity  of 
citizen  of  United  States,  14  L.R.A. 
580. 

Federal  control  of  elections  under  15th 
Amendment  forbidding  abridgement  of 
right  to  vote  on  account  of  race,  color, 
or  previous  condition  of  servitude.  53 
L.R.A.  668. 

Right  to  vote  as  a  qualification  of  grand 
juror.    28  L.R.A.  196. 

Validity  of  statutory  regulation  of  voters. 
25  L.R.A.  484. 

Constitutionality  of  statute  prescribing 
property  qualification  on  right  to  vote 
on  establishment  of  drainage  district. 
44  L.R.A.(N.S.)   539. 

f   2.  Qualifications  of  voters  generally. 

Tax  or  property  qualification.  25  L.R.A. 
482. 

Payment  of  poll  taxes  as  a  qualification  of 
electors.    29  L.R.A.  414. 

Constitutionality  of  primary  election  law 
imposing  new  restrictions  or  qualifica- 
tions on  voters.  22  L.R.A,(N.S.)  1140: 
L.R.A.1917A,  261. 

Effect  on  public  election  of  wrongful  dis- 
qualification of  sufficient  number  of 
voters  to  have  changed  the  result.  38 
L.R.A.(N.S.)    1007. 

Disqualification  for  crime.     25  L.R.A,  483. 

§  8.  Right  of  women  to  vote. 

Right  of  women  to  vote.  21  L.R.A.  662;  27 
L.R.A.(N.S.)    522;   L.R.A.1915B,  247 


Begin  with  this  boolc  on  every  laxc  question. 


ELECTIONS,  I.— cont'd 
§   4.  Residence. 

Docs    "residence,"    as    a    qualification    of 
voters     mean     "domicil."       1ft     L.R.A. 
(N.S.)    759. 
Acquiring   residence   as   a   voter   while   at- 
tending   school    or    public    institu- 
tion.     23    L.R.A.    215:    40    L.R.A. 
(N.S.)    168. 
Nature  of  occupancy  of  premises  as  affect- 
ing elective  franchise.     4  L.R.A. (N.S.) 
698,  704,  711. 


§  5.  How  far  right  to  vote  is  absolute. 

Generally.     25  L.R.A.  480. 

As  affected  by  acts  of  Congress.    25  L.R.A, 

480. 
Registration.     25  L.R.A.  480. 
Tax  or   property  qualification.     25  L.R.A, 

482. 
Soldiers  voting.     25  L,R,A,  482, 
Test  oaths  and  disqualification  for  crime. 

25  L.R.A.  483. 
Ballots  and  primaries.     25  L.R.A.  484. 
Other     statutory     conditions,     restrictions, 

and  qualifications.     25  L.R.A.  484.    ^ 


§   6.  Registration. 

Registration  as  condition  of  right  to  vote. 
25   L.R.A.   480. 

Validitv  of  statutory  regulation  of.  25 
L.R.A.  484. 

Good  faith  as  affecting  criminal  responsibil- 
ity for  illegal  registration.  37  L.R.A. 
(N.S.)    1177. 

Effect  of  loss  or  destruction  of  registry 
lists.     28  L.R.A,(N.S.)    989. 


§   7,  Disfranchisement, 

Denial  of  right  to  vote  for  person  whose 
name  is  not  on  ballot  as  disfranchise- 
ment,    16  L.R.A.  278. 

Disfranchisement  as  cruel  and  unusual  pun- 
ishment.    35  L.R.A.  569. 


§  8.  Restoration  of  right  to  vote. 

Restoration  of  right  to  vote  by  service  of 
sentence  upon  conviction  for  crime,  32 
L,R.A,(N.S,)    418, 

Effect  of  suspension  of  sentence  upon  right 
to   vote,     18   L.R,A,(N,S,)    684. 

//,  Elections. 
a.  In  general. 

§  9.  Generally. 

Congressional  elections,  see  Congbess,  §  2. 
Elections    by    corporate    stockholders,    see 

COBPOBATIONS,    §    60, 

At    stockholders'    meetings,    see    Cobpoba- 

TiONS,  §§  122-126. 
By  school  district,  see  Schools,  §  26. 
Constitutionality  of  statutes  as  to,  see  CoN- 

STiTunoNAL  Law,  §§  75-78. 
Election  districts,  see  Election  Distbicts, 
Equity    jurisdiction    of    matters     affecting 

elections,  see  Equity,  §  11a. 


INDEX  TO  L.R.A.  NOTES. 


453 


ELECTIONS,  II.  a— cont'd 
Initiative      or      referendum      election,      see 
Initiative,  Referendum  and  Recaix, 

§  1. 
Injunction  as  to,  see  Injunction,  §  39. 
Mandamus  as  to,  see  Mandamus,  §  11. 

Applicability  to  election  officers  of  Work- 
men's Compensation  Acts.  L.R.A.1918F, 
192. 

Validity  of  agreements  tending  to  influence 
elections.     51  L.R.A.(N.S.)    549. 

Election  as  distinguished  from  appoint- 
ment.    15  L.R.A.  106. 

Statutes  restricting  the  vote  of  an  elector 
to  less  than  all  when  several  officers 
are  to  be  chosen  for  the  same  office. 
33   L.R.A.   141. 

Constitutionality  of  statute  requiring  voter 
to  vote  for  all  officers.  L.R.A.1915B, 
402. 

Right  of  taxpayer  in  absence  of  statute,  to 
enjoin  payment  of  election  expenses  by 
municipality.     36   L.R.A.  (N.S.)    11. 

Promise  by  candidate  to  electors  to  serve 
for  less  than  regular  salary.  36  L.R.A. 
(N.S.)   246;  L.R.A.1917B,  190. 

Promise  to  accept  less  than  compensation 
fixed  by  law  as  affecting  right  to  hold 
office.    L.R.A.1917B,  196. 

Applicability  of  constitutional  or  statutory 
provisions  relating  to  general  elections, 
to  elections  other  than  for  the  selec- 
tion of  officers.     14  L.R.A. (N.S.)    850. 

Right  of  candidate  receiving  next  highest 
number  of  votes  in  the  event  that  the 
person  receiving  the  highest  number  is 
ineligible.  13  L.R.A. (N.S.)  1013;  34 
L.R.A. (N.S.)    240. 

Election  of  presidential  electors.  43  L.R.A. 
(N.S.)    284. 

§    10.  Petition  for. 

Petition  for  initiative  or  referendum  elec- 
tion, see  Initiative,  Refebendum  and 
Recall,  §  1. 

For  recall  of  officer,  see  Initiative,  Ref- 
erendum AND  Recall,  §  2. 

Right  to  withdraw  name  from.  11  L.R.A. 
(N.S.)    372. 

§    11.  Combination  of  objects  at. 

What  objects  or  purposes  may  be  combined 
in  a  single  question  submitted  to 
the  voters  of  a  municipality.  26 
L.R.A.(N.S.)     665. 

§   12.  Place  of  voting. 

Use    of    public    school    building    for.       31 

L.R.A. (N.S.)    592. 
Right    of    municipal    corporation    to    place 

polling    booth     in     street.      4     L.R.A. 

(N.S.)   571. 

§    13.  Time  for. 

First  and  last  days  in  computing  time  of 
elections.  49  L.R.A.  244;  15  L.R.A. 
(N.S.)   691. 

Power  to  extend  term  of  office  by  postpon- 
ing time  of  election.     L.R.A.1915C,  378. 

§    14.  Federal  control  of. 

Existence,  sources,  and  extent  of  power.     53 

L.R.A.   660. 
Under  U.  S.  Const,  art.  1.     o3  L.RA.  667. 
Consult  also  L.R.A,  Digests  of  Cases. 


ELECTIONS,  II.  a— cont'd 
Under  U.  S.  Const,  art.  2.    53  L.R.JV.  668. 
Under  14th  Amendment.     53  L.R.A.  668. 
Under  15th  Amendment.     53  L.R.A.  668. 
Summary   of    present    statutes.      53    L.R.A. 

671. 
Election  of  presidential  electors.     43  L.R.A. 

(N.S.)    284. 

§    14a.  Assisting  voter. 

Right  to  assistance.     40  L.R.A. (N.S.)    535. 
As  affected  by  requirement  of  secrecy  of  the 

ballot.     40  L.R.A. (N.S.)    535. 
What  necessary  to  entitle  voter  to  assist- 
ance.   40  L.RA. (N.S.)  536. 
Effect  of  illegal  or  irregular  assistance.    40 

L.R.A.(N.S.)    538. 

§    15.  Computation      of      majority      of 
votes  at. 

Upon  what  basis  majority  essential  to  adop- 
tion    of    constitutional    or     other 
special    proposition    submitted    at 
general  election  is  to  be  computed. 
22  L.R.A. (N.S.)   478. 
When  vote  on  special  question  considered  a 
"special"    election    although    submitted 
at   general   election.      22   L.R.A. (N.S.) 
485. 
Effect  on   public   election   of   wrongful   dis- 
qualification   of    sufficient    number    of 
voters  to  have  changed  the  result.     38 
L.R.A.(N.S.)    1007. 

§16.  Decision  of  tie  vote. 

In  general.     47  L.R.A.  551. 

In  the  absence  of  statutory  provisions.     47 

L.R.A.  554. 
Statutory  provisions  applicable  to  tie  vote. 

47  L.R.A.  554. 
Tie  vote  at  local  option  election.    49  L.R.A. 

(N.S.)  1204. 

§   17.  Duty  to  receive  vote;  liability  for 
preventing  vote. 

Duty  of  election  officer  to  accept  sworn  vote. 

36  L.R.A.(N.S.)  968. 
Personal  liability  of  an  election  officer  for 
rejecting  ballots.     11  L.R.A.(N.S.)  501. 
Right  to  damages  for  being  prevented  from 

voting     at    a     public  election.     31 

L.R.A.  (N.S.)   1106. 

§    18.  Canvassing:   deciding  results. 

Initiative  or  referendum  election.    50  L.R.A. 

(N.S.)   225;  L.R.A.1917B,  44. 
Constitutionality  of  preferential  system  of 

voting.      L.R.A.1910B,    939. 
Are  rejected  ballots  to  be  counted   in   de- 
termining   total    vote    cast.        45 
L.R.A. (N.S.)    714. 
Presumption    as    to   time    of   alteration    in 

statement  of  return  of  votes  made  bv 

officials.     39  L.R.A. (N.S.)    115. 
Mandamus  to  compel  election  officers  to  act 

after  they  have  met  and  adjourned.  36 

L.R.A.(N.S.)   1089. 
Right   of   candidate  receiving  next   highest 

number  of  votes  where  person  receiving 

highest  number  is  ineligible.    13  L.R.A. 

(N.S.)    1013;   34  L.R.A.(N.S.)   240;  61 

L.R.A.(N.S.)    226;    L.R.A.1918C,    1157. 


454 

ELECTIONS,  II.— cont'd 

b.  Ballots;  voting  machines 


IKDEX  TO  L.R.A.  NOTES. 

ELECTIONS— cont'd 
///.  Nominations;  primary  elections. 


§    19.  Generally. 

Constitutionality  of  statute  as  to,  see  CoN- 

8TITLTIONAL  LaW,  §   76. 

Constitutionality  of  statute  providing  for 
election  hv  separate  ballot.  44  L.R.A. 
(X.S.)     712. 

Irregularities  in  taking  ballots.  16  L.R.A. 
754. 

Assistance  in  preparing  "ballots,  rendered 
bv  unauthorized  person,  as  affecting 
their  validity.     29  L.R.A. (N.S.)  1170. 

§    19a.  Xanies   on. 

Constitutionality  of  provision  limiting 
names  of  candidates  on  official  ballot. 
L.R.A.1915A,  1190. 

§  20.  Numbering. 

Statute  providing  that  ballots  be  numbered. 

8  L.R.A.  (N.S.)   888. 
EfTect  of  failing  to  number  ballots.  1  L.R.A. 

(N.S.)   656. 
Effect   of   officers   numbering   or    otherwise 

supplying  means  of  identifying  ballots. 

32  L.R.A.(N.S.)  730. 

§  21.  Marking. 

Irregularities  in  marking  ballots.  16  L.II.A. 
754. 

Validity  and  construction  of  law.  47  L.R.A. 
806. 

Official  marks.     47  L.R.A.  808. 

Voter's  marks.     47  L.R.A.  812. 

Distinguishing    marks.     13    L.RA. 
761;  47  L.R.A.  820. 

Does  marking  some  but  not  all  of  the  can- 
didates on  a  party  ticket  defeat  the  ef- 
fect of  marking  under  the  party  emblem 
as  a  vote  for  the  omitted  candidates, 
where  no  votes  were  cast  for  their  op- 
ponents.\   28  L.R.A. (N.S.)  461. 

§  22.  Preservation  of;  producing  bal- 
lot boxes. 

Scope  and  effect  of  provisions  in  election 
law  for  preservation  of  ballots.  30 
L.R.A.(N.S.)  602. 

Power  of  courts  to  require  ballot  boxes  to 
be  produced  or  opened  in  proceedings 
other  than  election  contests.  33  L.R.A. 
386. 

^  §   23.,  Voting  machine. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  77. 

c.  Election  frauds  and  crimes. 

g  24.  Generally. 

Libel  or  slander  by  charging  corruption  of 
voters  by  public  officer  or  candidate. 
L.R.A.1918E,  31. 

Delegation  to  judiciary  of  investigation  of 
election  frauds.     L.R.A.1917D,  1046. 

Good  faith  as  affcrting  criminal  responsi- 
bility for  illegal  registration  or  voting. 
37  L.R.A.(N.S.)    117T. 

Begin  tdth  this  hool;  on  every  laic  question. 


§   25.  Generally. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  78. 

Mandamus  as  a  proper  remedy  to  enforce 
duties  with  respect  to  nominations. 
L.R.A.1917E,  480. 

Statutory  regulation  of  primaries.  25 
L.R.A.  484. 

Validity  of  fee  exacted  for  filing  nomina- 
tions.    L.R.A.]  915B,   197. 

Nomination  of  presidential  electors.  43 
L.R.A.  (N.S.)   287. 

Refusal  to  have  one's  name  placed  on  pri- 
mary ballot.     L.R.A.1916E,  709. 

Defects  in  nomination  papers.  16  L.R.A, 
754. 

Conclusiveness  of  certificate  of  nomination. 
9  L.R.A.(N.S.)   916. 

"Primary  elections"  as  elections,  within 
Constitution  or  statute  relating  to 
elections  generally.  18  L.R.A.  (N.S.) 
412. 

Power  to  (^termine  eligibility  to  office  of 
one  nominated  at  primary  election.  39 
L.R.A.(N.S.)  826. 

§   25a.  Filling  vacancy  in  party  ticket. 

When  does  vacancy  in  party  ticket  occur 
within  statute  authorizing  filling 
of  vacancies.  41  L.R.A.  (N.S.) 
1088. 

§  2  6.  Constitutionality  of  primary  elec- 
tion laws. 

In     general.     22     L.R.A.  (N.S.)     1136;     41 

L.R.A.(N.S.)   132;  L.R.A.1917A,  259. 
Destruction    of    parties.      22    L.R.A. (N.S.) 

1137;  L.R.A.1917A,  260. 
Sufficiency  of  title.     22  L.R.A.  (N.S.)   1137; 

41     L.R.A.(N.S.)      133;     L.RJ^.1917A, 

260. 
Primary  law  as  amendment  to  prior  act. 

22    L.R.A.(N.S.)     1139;    L.R.A.1917A, 

260. 
Special    or    local    laws.     22    L.R.A. (N.S.) 

1139;   41   L.R.A. (N.S.)    135. 
Imposition  of  new  restrictions  or  qualifica- 
tions on  voters.     22  L.R.A. (N.S.)  1140; 

41     L.R.A.(N.S.)      135;     L.R.A.1917A, 

261. 
Imposition  of  new  restrictions  or  qualifica- 
tions   on    candidate.     22    L.R.A. (N.S.) 

1142;     41     L.R.A.(N.S.)     136;     L.R.A. 

1917A,  262. 
Discrimination    as    to    parties.     22    L.R.A. 

(N.S.)     1144;     41    L.R.A.  (N.S.J     138; 

L.R.A.1917A,  263. 
Discrimination   as  to  candidates  or  voters. 

22  L.R.A.(N.S.)   1145;  41  L.R.A.(N.S.) 

138;  L.R.A.1917A,  263. 
Secrecy  of  ballot.     22  L.R.A.(N.S.)    1145; 

L.R.A.1917A,  264. 
Delegation     of     powers.     22     L.R.A.(N.S.) 

1146;  L.R.A.1917A.  264. 
Popular  election  of  United  States  senators. 

22  L.R.A.(N.S.)   1147;  41  L.R.A.fN.S.) 

140. 


INDEX  TO  L.R.A.  NOTES. 


455 


ELECTIONS,  III.— confd 

Provisions  regulating  independent  nomina- 
tions.    41  L.R.A.(N.S.)    140. 

Miscellaneous  objections.  41  L.R.A.  (N.S.) 
141. 

IV.  Contests. 

§2  7.  Generally. 

In  case  of  decision  of  tie  vote.  47  L.R.A. 
559. 

Right  of  judge  who  may  be  affected  by  the 
result  to  hear  election  case.  42  L.R.A. 
(N.S.)    788. 

Right  of  candidate  receiving  next  highest 
number  of  votes  in  the  event  that  the 
person  receiving  the  liighest  number  is 
ineligible.  13  L.R.A.  (N.S.)  1013;  34 
L.R.A.{N.S.)  240;  51  L.R.A.  (N.S.) 
226;   L.R.A. 1918C,  1157. 

Adequacy  of  provision  for  contesting  an 
election  other  than  for  selection  of  of- 
fices, upon  the  grounds  and  in  the 
manner  prescribed  by  a  statute  which 
has  "reference  onlv  to  the  election  of  of- 
ficers.    18  L.R.A.' (N.S.)   566. 

§28.  Remedy   for  testing:  election. 

Provision  for  testing  election  of  city  officer 
before  city  council  or  other  munici- 
pal body  as  exclusive  of  remedies 
in  the  courts.  26  L.R.A.  (N.S.) 
207. 


ELECTRIC   CHANDELIERS. 

Tenant's  right  to  remove.     3  L.R.A. (N.S.) 


ELECTRIC  COMPANIES. 

See  Electricity,  §§  7-9;  Electric  Lights; 
Electric  Railways. 


ELECTRIC   CONDUIT. 

Under  highway,  see  Highways,  §  25. 


ELECTRICITY. 


/.  In  general,   §§  1-6. 
II.  Electric  conijinnies,  §§  7-9. 
III.  Injurie.'i  resulting  from,  §§  10-18. 

a.  Negligence  of  party  causing, 

§§   10-17. 

b.  Contvibittorif     negligence,     § 

IS. 

I.  In    general. 

§    1.  Generally. 

Electric  lights,  see  Electric  Lights. 
Electric    railways    generally,    see    Electric 

Railways. 
Use   of   street   for   electric   conduits,   poles, 

and  wires,  see  Highways.  §§  21-25. 
Constilt  also  L.B.A.  Digests  of  Cases. 


ELECTRICITY,  I.— cont'd 
License  of  electricians  and  electrical  work, 
see  License,  §  25. 

Electricity  as  subject  of  larceny.  L.R.A. 
1918C,  580. 

Mistake  in  statement  of  amount  of  elec- 
tricity furnished  as  afl'ecting  the  right 
to  recover  for  a  larger  amount  actual- 
ly furnished.     L.R.A.1915B,  711. 

Poles  and  wires  as  real  estate  or  personal 
property.     66  L.R.A.  56. 

Duty  to  cut  off  electric  connection  in  case 
of  fire.     31  L.R.A. (N.S.)   1099. 

Revocability  of  license  for  poles  and  wires 
after  licensee  has  incurred  expense  in 
reliance  thereon.     25  L.R.A. (N.S.)   727. 

Ejectment  to  remove  wires.  11  L.R.A. 
(N.S.)    920. 

Liability  to  abutting  owner  for  mutilating 
trees  in  highway  by  erecting  poles  or 
stringing  wires.  12  L.R.A.  (N.S.) 
1125;  30  L.R.A. (N.S.)   1084. 

Injunction  by  municipality  against  nui- 
sances by  telegraph  and  telephone  polesi 
44  L.R.A.  577. 

§   2.  Eminent  domain  proceedings. 

Generation  of  electricity  as  a  public  pur- 
pose, see  Eminent  Domain,  §  11. 

Poles  as  additional  burden  in  highway,  see 
Eminent  Domain,  §  56. 

Taking  of  property  for  generation  and  dif- 
fusion of,  as  a  public  use.  22  L.R.A. 
(N.S.)   136. 

Effect  of  offer  to  serve  public  on  right  to 
resort  to  eminent  domain  in  aid  of  at- 
tempt to  transmute  water  power  into 
electricity  for  sale.  6  L.R.A. (N.S.) 
122. 

§  3.  Right  of  municipality  to  own  or 
operate. 

Power  of  municipal  corporation  to  own  elec- 
tric lij?ht  plant.  14  L.R.A.  268;  15 
L.R.A.  (N.S.)    711. 

Right  of  municipal  corporation  to  engage 
in  business  of  supplying  electrical  fix- 
tures.    31  L.R.A.  (N.S.)   119. 

Right  of  municipality  to  make  profit  from 
its  water  or  lighting  plant.  24  L.R.A. 
(N.S.)   290. 

§  4.  Liability  for  damages  from  main- 
tenance. 

Right  of  property  owner  to  damages  or  in- 
junction   for   maintenance   of   elec- 
tric light  plant   in  vicinitv  of  his 
properly-     27  L.R.A. (N.S.)   237. 
Liability  to  abutting  owner  for  mutilating 
trees   in   highway  by  erectino-   poles   or 
stringing  wires.  '  12  L.R.A.  (N.S.)  1125: 
30  L.R.A.(N.S.)   1084;  51  L.R.A. (N.S.) 
1082. 

§   5.  —  due  to   induction. 

Liability  of  user  of  electricity  for  interfer- 
ence with  the  business  or  injury  to 
the  property  of  another  resulting 
from  induction  or  from  use  of  earth 
as  a  return  electric  circuit.  2  B. 
R.  C.  129. 


456 


INDEX  TO  L,R.A.  NOTES. 


ELECTRICITY,  I.— cont'd 

8   6.  Interference  with  wires. 

Kight  of  railroad  to  cut  wires  crossing 
tracks.     35  L.R.A.(N.S.)   1212. 

Right  to  interfere  with  wires  of  public- 
service  corporation  in  moving  house 
along  street.  14  L.R.A.(N.S.)  448; 
L.R.A.1917C,  774. 

//.  Electric  cotnpaniea. 

§   7.  Generally. 

Valuation  of  property  of,  see  Public  Sebv- 

icE  Corporations,  §  5. 
Electric  railroads,  see  Electric  Railwats. 

Power  of  Public  Service  Commission  to  reg- 
ulate disposition  of  surplus  products. 
L.R.A.1918C,  680. 

Corporation  supplying  as  a  manufacturing 
company.  64  L.R.A.  59;  38  L.R.A. 
(N.S.)  90. 

Charge  for  poles  and  wires  of  interstate 
telegraph  and  telephone  companies.  24 
L.R.A.  163. 

Right  of  electrical  company  to  impose  pen- 
alty for  failure  to  pay  service  bills 
promptly.     43  L.R.A.  (N.S.)    63. 

Duty  to  adapt  electrical  appliances  and  con- 
nections to  the  system  which  supplies 
the  current.     46  L.R.A. (N.S.)   437. 

Right  of  electric  supply  company,  in  ab- 
sence of  contract,  to  discontinue  service 
generally.     46   L.R.A. (N.S.)    1119. 

Liability  of  electric  power  or  light  company 
for  cutting  oflf,  or  failure  of,  electric 
current.     L.R.A.1916D,  451. 

§   8.  Regulation  and  control. 

As  to  regulation  of  carriers,  see  Carriers, 
V. 

Power  of  municipality  over  nuisances  on 
streets  created  by  electrical  company, 
see  Municipal  Corporations,  §  37. 

As  to  regulation  of  public  service  corpora- 
tions   generally,    see    Public    Service 

CORPORATIOXS. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  79. 

Police  regulation  of.    31  L.R.A.  798. 

Municipal  regulation  of  nuisances  relating 
to  electricity  or  electric  wires.  38 
L.R.A.  306;  39  L.R.A.  609. 

Injunction  by  municipality  against  tele- 
graph and  telephone  poles.  44  L.R.A. 
577. 

Power  of  state  or  city  to  charge  for  poles 
and  wires  of  telegraph  or  telephone 
company  engaged  in  interstate  business. 
24  L.R.A.  163. 

Power  to  require  public  service  corporation 
to  carrv  municipal  wires  on  its  poles. 
32  L.R.A. (N.S.)   997. 

Right  to  require  telegraph  or  telephone 
wires  to  be  placed  underground.  24 
L.R.A.  165;  14  L.R.A. (N.S.)   6.54. 

Power  of  municipal  corporation  to  regulate 
electricians  and  the  installation  of 
electrical  work.     36    L.R.A. (N.S.)     78. 


Begin  uHth  this  booTc  on  every  law  question 


ELECTRICITY,  II.— cont'd 
§   9.  Franchises. 

Treatment  of  franchises  in  valuation  of 
property  of.     48  L.R.A. (N.S.)    1063. 

Grant  of  franchise  to  electrical  subway 
company.     34  L.R.A.  369. 

Privilege  of  using  street  for  poles  and  wires 
as  a  contract  within  provision  against 
impairing   obligation.     50    L.R.A.    147. 

Power  of  municipality,  in  absence  of  ex- 
press legislative  authority,  to  grant 
street  franchises  to  electrical  company. 
22  L.R.A.  (N.S.)    92.0. 

///•  Injuries  resulting  from. 
a.  Negligence   of  party  causing. 

§10.  Generally. 

Evidence  as  to  condition  prior  and  subse- 
quent to  accident.  32  L.R.A.  (N.S.) 
1094. 

Violating  ordinance  as  to  electric  wires  as 
ground  for  private  action.  '  5  L.R.A. 
(N.S.)  260. 

Liability  for  negligence  with  respect  to  elec- 
tric current  as  affected  by  concurring 
negligence  of  third  person.  7  L.R.A. 
(N.S.)   293. 

Liability  of  electric  company  for  injury  by 
wire  strung  by  a  third  person  to  con- 
nect with  its  system.  39  L.R.A. (N.S.) 
1046. 

Liability  of  one  furnishing  an  electrical 
current  to  be  distributed  by  another  for 
injury  to  third  person  after  delivery. 
27  L.R.A.(N.S.)   893. 

Duty,  in  stringing  electric  wires,  to  guard 
against  danger  to  children.  11  L.R.A. 
(N.S.)  449;  25  L.R.A. (N.S.)  1220;  43 
L.R.A.(N.S.)    137;    L.R.A.1918E,   1039 

Liability  of  physician  for  injuries  resulting 
from  electrical  or  X-ray  treatment.  28 
L.R.A.(N.S.)  262;  43  L.R.A.(N.S.)  734. 

Duty  and  liability  to  inspectors  entering 
premises  in  the  performance  of  their 
duty.     31   L.R.A.  (N.S.)    380. 

Liability  for  death  or  injury  of  one  other 
than  employee,  who  climbs  poles  bear- 
ing electric  wires.  52  L.R.A. (N.S.) 
1170. 

Right  of  electric  company  constructively 
liable  for  tort  to  contribution  or  in- 
demnity from  one  actually  responsible 
for  its  commission.  40  L.R.A. (N.S.) 
1149. 

§  10a.  Duty  to  prevent  contact  of 
wires  carrying  electric  current. 

General  rules.     52  L.R.A.  (N.S.)   587. 
Degree  of  care.     52  L.R.A. (N.S.)   588. 
Wires  in  highway.     52  L.R.A. (N.S.)   .590. 
Wires    over    private    premises.      52    L.R.A. 

(N.S.)    600. 
Duty  to  linemen  and  other  employees.     52 

'L.R.A. (N.S.)  600. 
Joint  liability.     52  L.R.A. (N.S.)  603. 
Persons  entitled   to  protection.     52   L.R.A. 

(N.S.)    604. 
Notice.     52  L.R.A. (N.S.)    605. 
Questions  for  jury.    .52  L.R.A.  (N.S.)  606. 


INDEX  TO  L.R.A.  NOTES. 


457 


ELECTRICITY,  III.  a— cont'd. 

§§   11,   12.  On  private  property. 

Negligence  as  to  electric  wires  on  or  in 
buildings.     32  L.R.A.  400. 

Liability  for  injuries  caused  by  wires  ex- 
tended over  premises  of  others.  46 
L.R.A.  97. 

Duty  of  company  maintaining  electric  wire 
over  or  across  private  property. 
34  L.R.A.  (N.S.)    1089. 

Degree  of  care  required  of  one  furnishing 
electricity  toward  persons  rightfully  on 
premises  supplied.  6  L.R.A.  (N.S.) 
459. 

Measure  of  duty  of  company  maintaining 
electric  wires  on  another's  premises, 
toward  trespasser  or  licensee  on  such 
premises.  3  L.R.A.  (N.S.)  988;  34 
L.R.A.  (N.S.)   1094. 

Duty  to  protect  wires  for  safety  of  work- 
men on  premises.     2  L.R.A.  (N.S.)   777. 

Duty  of  electric  light  company  with  respect 
to  wiring  or  fixtures  installed  in 
private  property.  13  L.R.A.  (N.S.) 
226;  20  L.R.A. (N.S.)  816;  L.R.A.1915C, 
570. 

Dutj'  to  prevent  contact  of  wires  carrying 
electric  current.     52  L.R.A. (N.S.)    60U. 

Liability  of  electric  light  company  for  es- 
cape of  electricitv  from  unauthorized 
wiring.     4  13.  R.  C.  498. 

Applicability  of  rule  res  ipsa  loquitur  to 
accidents  on  private  property  due  to 
escape  of  electricity  from  disordered 
electrical  appliances".  22  L.R.A. (N.S.) 
1183;  32  L.R.A.  (N.S.)   848. 

Liability  of  electric  railway  for  injury  to 
trespasser  or  licensee  from  exposed 
third  rail.     28  L.R.A. (N.S.)    98. 

§   13.  Liability  of  municipality. 

Municipal  liability  for  negligent  operation 
of  electric  light  plant.  5  L.R.A.(N.S.) 
536. 

Municipal  liability  for  injuries  by  electric 
wires  and  appliances.  20  L.R.A. 
(N.S.)   648. 

Municipal  liability  for  injury  by  poles  in 
highway.     20  L.R.A. (N.S:)    649. 

Municipal  liability  for  injury  to,  or  death 
of,  traveler  from  electricity  carried  by 
wires  strung  along  highway.  22 
L.R.A.(X.S.)    ]176;  1  B.  R.  C.  809. 

Duty  of  municipality  to  inspect  electric 
wires  maintaired  by  others  in  its 
streets.     2  L.R.A.  (N.S.)    475. 

Duty  of  municipality  to  prevent  contact  of 
wires  carrying  electric  current  in  high- 
way.    52  L.R.A. (N.S.)    590. 

Liability  for  injury  of  employees  of  an- 
other company  while  on  defendant's 
po'es,  or  poles  used  jointly.  45 
L.R.A.  (N.S.)    303. 

§  14.  Master's  liability  for  injury  by 
servant. 

Master's  liability  for  injury  done  by  serv- 
ant to  third  person  in  use  of.  10 
L.R.A.  (N.S.)   389. 

Consult  also  L.R.A.  Digests  of  Cases. 


ELECTRICITY,  III.  a— cont'd. 
§15.  Liability  to  employee. 

See  Master  and  Sebvant,  §  86. 

§16.  Liability  to  passenger. 

Applicability  of  doctrine  of  res  ipsa  loquitur 
to  injury  to  passenger  resulting  from 
disorder  of  electrical  appliances.  2 
L.R.A.  (N.S.)  836;  12  L.R.A.  (N.S.) 
760;  13L.R.A.(N.S.)  615;  L.R.A.1916C, 
376. 

§      17.  In  highway. 

Duty  to  prevent  contact  of  wires  carrying 
electric  current.     52  L.R.A.(N.S.)    600. 
Liability   for   injury   or  death    of    traveler 
coming    in    contact     with     electric 
wire  in  highway.     31   L.R.A.  566 ; 
22  L.R.A. (N.S.)    1169;   1  B.  R.  C. 
797. 
Duty  of  municipality  to  inspect  wires 
maintained  bv  others  in  its  streets. 
2  L.R.A.(N.S.)  475. 
Liability  for  negligence  in  permitting  wires 
to   hang   down,   notwithstanding   inter- 
vening   act    of    third    person    in    con- 
nection     therewith.     24     L.R.A.  (N.S.) 
978. 
Applicability   of    rule  res   ipsa   loquitur  to 
accidents  on  highway  due  to  disordered 
electrical  appliances.     22  L.R.A. (N.S.) 
1178;  32  L.R.A.(N.S.)   1043. 

6.  Contributory  negligence. 

§    18.  Generally. 

As  to  electric  wires  on  or  in  buildings.     32 

L.R.A.  403. 
Of  children.    L.R.A.1917F,  100. 
Of    volunteer    handling    or    testing    electric 

wire    or     apparatus.     6     L.R.A.  (N.S.) 

290. 
In  touching  live  wires  in  street.     1  L.R.A. 

(N.S.)    822. 
By  traveler   coming  in  contact    with    elec- 
tric wire  in  highway.     31  L.R.A.  589; 

32  L.R.A.  403;   22  L.R.A. (N.S.)    1177; 

1  B.  R.  C.  810. 
Duty  of  one  to  ascertain  if  there  is  danger 

before    passing    under    a    wire    strung 

over     a     highwav.       22     L.R.A.  (N.S.) 

1189. 


ELECTRIC  LIGHTS. 

§    1.  Generally. 

Valuation  of  property  of  electric  light  com- 
pany, see  Public  Sebvice  Corpoba- 
TIOXS,  §  5. 

Lighting  company  as  a  manufacturing 
company.     64  L.R.A.  58. 

Privilege  of  using  street  for  poles  and  wires 
as  a  contract  within  provision  against 
impairing  contract  obligations.  50 
L.R.A.  147;  L.R.A.1918E,  907. 

Electric  light  line  in  street  or  highway  as 
an  additional  burden.  36  L.R.A. 
(N.S.)   185;  52  L.R.A. (N.S.)   760. 


408 


INDEX  TO  L.R.A.  NOTES. 


ELECTRIC  LIGHTS— cont'd 

Duty  of  electric  light  company  as  to  wiring 
or  fixtures  installed  in  private  prop- 
erty.    13  L.R.A.  (N.S.)    226. 

Right  to  interfere  with  wires  in  moving 
building  along  street.  14  L.R.A. (N.S.) 
448;  L.R.A.1917C,  774. 

Right  of  property  owner  to  damages  or  in- 
junction for  maintenance  of  electric 
light  plant  in  vicinity  of  his  property. 
27   L.R.A.(N.S.)    237. 

Right  of  lighting  company  performing  two 
kinds  of  service  to  refuse  to  furnish 
one  without  the  other.  33  L.R.A. 
(N.S.)    1078. 

Taking  of  property  for  production  and  dis- 
tribution of  light  by  electricity  as  a 
public  purpose.     22   L.R.A. (N.S.)    137. 

Duty  of  electric  liglit  company  as  to  wiring 
or  fixtures  installed  in  private  prop- 
erty.    L.R.A.1915C,   570. 

Liability  of  electric  light  company  for  cut- 
ting off,  or  failure  of,  electric  current. 
L.R.A.1916D,  451. 


ELECTRIC  LIGHTS— cont'd 

Validity  of  statute  or  ordinance  making 
property  or  property  owner  liable  for 
light  furnished  tenant.  L.R.A.1918D, 
364. 

♦-•-♦ 


ELECTRIC  POWER. 

Electric  power  line  in  street  or  highway  as 
additional  burden.  36  L.R.A.  (N.S.) 
185;  52  L.R.A.(N.S.)   760. 

Liability  of  electric  power  company  for 
cutting  of,  or  failure  of,  electric  cur- 
rent.     L.R.A. 1916D,   451. 


§  2.  Rights,  duties,  and  liabilities  of 
municipality. 

Power  of  city  to  own  plant  and  manu- 
facture. 10  L.R.A.  194;*  14  L.R.A. 
268;  35  L.R.A. (N.S.)   711. 

Right  of  municipality  to  make  profit  from 
its  lighting  plant.  24  L.R.A. (N.S.) 
290. 

Right  of  municipality  to  secure  electric 
light  plant  by  piecemeal  to  avoid 
constitutional  debt  limit.  12  L.R.A. 
(N.S.)  433. 

Power  of  municipality  in  absence  of  express 
legislative  authority  to  grant  use  of 
streets  for  electric  lights.  22  L.R.A. 
(N.S.)   933,  937. 

Exemption  of  municipal  light  plant  from 
taxation.     16  L.R.A. (N.S.)    867. 

Municipal  liability  for  negligent  operation 
of  electric  light  plant.  5  L.R.A. (N.S.) 
536. 

§  8.  Rates. 

Valuation  of  property  for  purpose  of  fixing 
rates,  see  Public  Sebvice  Corpora- 
tions, §  5. 

Right  of  lighting  company  whose  rates  are 
fixed  by  public  authority  to  establish 
a  minimum  charge.  26  L.R.A. (N.S.) 
1109. 

Right  of  electric  light  company  to  discrimi- 
nate between  consumers  as  to  rates. 
27  L.R.A.  (N.S.)  674;  L.R.A.1915D, 
1086. 

Giving  of  free  service  or  reduced  rates  to 
governmental  agencies,  cities,  schools, 
charities  and  the  like  as  an  unlawful 
discrimination.     L.R.A.1918D,  904. 

Power  of  municipality  apart  from  contract 
to  regulate  rates  to  be  charged  by 
lighting  company.  33  L.R.A. (N.S.) 
759;  43  L.R.A.(N.S.)   994. 

Effect  of  contract  with  patron  to  preclude 
regulation  of  rates.     L.R.A.1915C,  282. 

Right  to  reduce  rates  fixed  by  franchise  or 
charter.     L.R.A.1915C,  261. 

Begin  xcith  thi>*  hook  on  every  law  question. 


ELECTRIC   RAILWAYS. 

See  also  Carriers;  Interurbax  Rail- 
roads; Street  Railways. 

Right  to  compensation  on  laying  out  elec- 
tric road  across  railroad,  see  Eminent 
Domain,  §  52. 

As  additional  servitude  in  street.  4  L.R.A. 
(N.S.)    202;   36  L.R.A. (N.S.)    722. 

Right  of  railroad  company  to  compensation 
for  the  crossing  of  its  track,  whei'e  it 
intersects  a  street  or  highway,  by  an 
electric  road.  13  L.R.A.(N.S.)  916; 
L.R.A.1915D,  843. 

Liability  of  user  of  electricity  tor  int»»r- 
ference  with  the  business  or  injury  to 
the  property  of  another  resulting  from 
induction  or  from  use  of  earth  as  a  re- 
turn electric  circuit.     2  B.  R.  C.  129. 

Liability  for  injury  to  trespasser  or 
licensee  from  exposed  third  rail.  28 
L.R.A.(N.S.)   98. 

Liability  for  frightening  horses  by  con- 
struction apparatus  in  street.  28 
L.R.A.  (N.S.)   942. 

Duty  to  look  and  listen  before  crossing  the 
tracks  of  an  electric  road.  15  L.R.A. 
(N.S.)   254;  23  L.R.A.(N.S.)   1224. 


ELECTRIC    SUBWAY. 

Grant  of   franchises    to    electrical    subway 
companies.     34  L.R.A.  369. 


ELECTRIC  TREATMENT. 

Application  of  statutes  regulating  practice 
of  medicine  to  persons  giving.  3 
L.R.A.  (N.S.)  763;  25  L.R.A.(N.S.) 
1297. 


ELECTRIC  WIRES. 


See  Electricitv. 


INDEX  TO  L.R.A.  NOTES. 


459 


ELECTROLYSIS. 

See  Electricity,  §  5. 


ELECTROTYPE  PLATES. 

Right  of  purchaser  to  sell,  or  use  free  from 
restrictions  affecting  them  in  hands  of 
vendor.     55  L.R.A.  632. 


ELEEMOSYNARY   INSTITUTION. 

See  Chaeities. 

#•» 

ELEMENTS. 

Proximate  cause  of  death,  loss  or  injury  by, 
see  Proximate  Cause,  §§  4-7. 

What  constitutes  damage  by.  53  L.R.A. 
C,73. 

Liability  for  removal  of  lateral  or  subjacent 
support  of  land  b*y  exposure  to  ele- 
ments.    68  L.R.A.  687. 


ELEPHANT. 


Liability   for   injury   by.     11    L.R.A. (N.S.) 
748. 


ELEVATED   RAILROADS. 

§   1.  Generally. 

As  to  street  railways,  generally,  see  Street 
Railways. 

Right    to    construct    in    street.     15    L.R.A. 

377. 
Liability    for    private    nuisance.     1  L.R.A. 

(N.S.)  117. 
Duty     to     light     space     below     tracks.     36 

L.R.A.(N.S.)   1081. 

§   2.  Damages  to  abutting  owner  by. 

Injury   by.   to  abutting   owner's   easements. 

14  L.R.A.  381;   is"^  L.R.A.  377. 
As     additional     servitude     in     street.       36 

L.R.A.  (N.S.)   673. 
Right   of    abutting    owner    to    enjoin.     36 

L.R.A. (N.S.)   826. 
Right   of  abutting  owner    to    damages    for 

."pecial  injuries  where  elevated  road  is 

not    considered    an    additional    burden. 

25  L.R.A.(N.S.)   1269. 

§   3.  Injury  to  passenger  on. 

Duty    to    passengers   on   overcrowded   cars. 

24  L.R.A.  713. 
Starting    car    before    passenger    is    seated. 

42  L.R.A.  294. 
Injury  by  crush  in  entering  car  at  elevated 

station.    7  L.R.A.(N.S.)  729;  51  L.R.A. 

(N.S.)   1152. 
Consult  filso  L.R.A.  Digests  of  Cases. 


ELEVATED  RAILROADS— cont'd 
§   4,  In.jury    to    person    on    surface    of 
street. 

Ground    of    liability;    duty    and    degree    of 

care,  generally ."^    42  l!r.A.(N.S.)   90. 
Contributorv   negligence.     42    L.R.A. (N.S.) 

91. 
Rule  of  res  ipsa  loquitur.     42  L.R.A.  (N.S.) 

91. 
Falling  cinders,   coals,   or   sparks   from   en- 
gine.    42  L.R.A.  (N.S.)   92. 
Sparks  and  explosions    from    electric    cars. 

42  L.R.A. (N.S.)   93. 
Bursting  cylinder.     42  L.R.A.  (N.S.)    94. 
Fall    of    iron,    wood,    etc.,    from    elevated 

structure.     42  L.R.A. (N.S.)   94. 

4  «  » 


ELEVATIOJT. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  697. 


ELEV^ATORS. 


/.  Grain  elevators,  §  1.   ■ 
II.  Freight  and  passenger  elevators,  §§ 

2-8. 

I.  Grain  elevators. 

§    1.  Generally. 

Liability  of  grain  to  taxation  while  in  ele- 
vator in  course  of  interstate  transporta- 
tion.    44    L.R.A. (N.S.)    586. 

Elevators  and  their  sites  on  railroad  right 
of  way  as  separate  subjects  of  taxation. 
L.R.A.1916E,  413. 

Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  grain  elevator 
business  as  affected  by  its  territorial 
scope.     L.R.A.1916C,  631. 

Loss  of  profits  as  element  of  damages  in 
case  of  elevator  contracts.  53  L.R.A. 
65. 

Legislative  regulation  of  rates  of.  33 
L.R.A.  178;   6  L.R.A. (N.S.)    836. 

Furnishing  site  for  elevator  to  one  shipper 
as  discrimination  against  others.  12 
L.R.A.(N.S.)    509. 

Right  to  use  railroad  right  of  way  for  pur- 
pose of,  as  against  owner  of  fee.  36 
L.R.A.(N.S.)    516. 

Delegation  by  legislature  of  power  to  re- 
quire lease  of  ground  to.  32  L.R.A. 
(N.S.)    652. 

II.  Freight  and  passenger  elevators. 

§   2.  Generally. 

Constitutionality  of  statutes  as  to,  see 
Con8titxjti6nal  Law,  §  80. 

Presumption  and  burden  of  proof  as  to  in- 
jury on,  see  Evidence,  §  65. 

Discontinuance  of,  interference  with,  ele- 
vator service  as  eviction  of  tenant.  21 
L.R.A.(N.S.)   38. 

Validity  of  regulations  concerning.  42 
L.R.A.  (N.S.)   899.  ' 


480 


INDEX  TO  L.R.A.  NOTES. 


ELEVATORS,  II.— cont'd 

Loss  of  rent  as  element    of    damages    for 

failure   to   install   elevator.     17   L.R.A. 

(N.S.)   1130. 
Landlord's  liability  for  injury  to  employee 

of  tenant  falling  into    elevator    shaft. 

L.R.A.1916F,  1147. 
Private  action  for  violation  of  statute  as  to 

guarding    elevators    and    their    shafts. 

L.R.A. 1915E,  541. 

§   3.   Injury  to  passengers. 

Proximate  cause  of  injury,  see  Proximate 
Cause,  §  10. 

Insurance  against  liability  for  injury. 
L.R.A.1918C,  812. 

Liability  for  injury  to  elevator  passenger. 
25  L.R.A.  33;  2  L.R.A. (N.S.)  744; 
L.R.A.1915E,  722. 

Leaving  elevator  in  position  to  be  operated 
by  stranger  as  proximate  cause  of  in- 
jury to  passenger  occasioned  by  act  of 
third  party  in  connection  therewith. 
22  L.R.A. (N.S.)   297. 

Responsibility  of  owner  or  occupier  of 
building  where  operation  of  elevator  is 
let  to  independent  contractor.  32 
L.R.A.(N.S.)   945. 

Responsibility  of  general  employer  for  neg- 
ligence of  employee  in  operating  ele- 
vator for  convenience  of  workmen  not 
in  former's  employ.     L.R.A.1917E,  964. 

Violating  ordinance  as  to,  as  ground  for 
private    action.     5    L.R.A.(  (N.S.)   260. 

Private  action  for  violation  of  statute  as 
to,  not  expressly  conferring  right  of 
action.     9  L.R.A. (N.S.)   380. 

Presumption  of  negligence  from  injury  to 
passenger  on.  13  L.R.A. (N.S.)  619; 
29  L.R.A.(N.S.)  816;  L.R.A.1916C,  378. 

Evidence  as  to  conditions  before  and  after 
accident.     32  L.R.A. (N.S.)    1093,  1103. 

Admissibility  of  evidence  of  prior  acci- 
dents  in.     32  L.R.A. (N.S.)    1103. 

§  4.  Injury  to  trespassers  or  licensees. 

Liability  of  owner  of  elevator  for  injury 
to  trespassers  or  licensees.  15  L.R.A. 
(N.S.)    402;   27  L.R.A.(N.S.)    124. 

Rights  of  one  who  has  been  prohibited  from 
entering  a  passenger  elevator,  but  who 
does  so  for  the  purpose  of  doing  busi- 
ness with  a  tenant.  14  L.R.A.(N.S,) 
350. 

§  5.  Injury  to  tenant  or  guest  at  Inn. 

Liability  for  condition  of,  to  tenant  of  part 
of  premises.     23  L.R.A.   155. 

Liability  of  innkeeper  for  injury  to  guest 
by  negligence  as  to.  16  L.R.A.(N.S.) 
290;  43  L.R.A.(N.S.)  659,  661. 

Liability  of  landlord  for  personal  injury  by 
defect  in,  to  member  of  lessee's  family 
other  than  wife.     L.R.A.1916F,  1161. 


ELEVATORS,  TI.— cont'd 

Storekeeper's  liability  to  customer  for  in- 
jury by  defective  elevators.  21  L.R.A. 
(N.S.)  461. 

§   7.  Injury  to  employees. 

See  also  Master  and  Servant,  §§  85,  101. 

Operator  of  elevator  as  fellow  servant  of 
other  employees  of  the  establishment. 
41  L.R.A.(N.S.)   156. 

Landlord's  liability  for  injury  to  servant 
of    tenant.      L.R.A.1916F,    1146,    1147. 

§  8.  Contributory  negligence. 

In  stepping  into  elevator  shaft.     2  L.R.A. 

(N.S.)      757;     24     L.R.A.(N.S.)     246; 

L.R.A.1915E,  731;  L.R.A.1917D,  892. 
Of  children  on  and  about  elevators.    L.R.A. 

1917F,  195. 
Of  child  falling  down  shaft.     L.ILA..1917F, 

105. 


ELIGIBILITY. 


To  office  of  judge,  see  Judges,  §  2. 

To  office  generally,  see  Ofiicers,  §§  4-9. 


ElilXIR  OF  ORANGE  MINT. 

Judicial  notice  of  intoxicating  character  of. 

48  L.R.A. (N.S.)    316. 


ELKINS  ACT. 


Violation  of,  see  Monopoly  and  Combi- 
nations. 

Right  of  carrier  to  grant  rebate  or  allow- 
ance to  shipper  for  use  of  latter'a 
track.     26  L.R.A. (N.S.)    551. 


ELOPEMENT. 


Effect  to  bar  dower.     11  L.R.A.  791.* 


EMANCIPATION. 


Of  infants,  see  Infants,  §  15. 


■♦♦» 


EMBANKMENT. 


§   6.  Injury  to  customer  at  store. 
Duty  of  storekeeper  towards  customer  as  to 

condition  of  elevator  shafts.    21  L.R.A. 

(N.S.)   458;  L.R.A.1915F,  572. 
Liability    of    storekeeper    toward    customer    Obstruction   of  stream  by,    see    MUNICIPAI, 

for  negligent  operation  of  elevators.  21  J  Corporations,   §§    90-92;    Waters,    §S 

L.R.A.(N.S.)  480;  L.R.A.1915F,  573.  46-50,63,102 

Begin  tcith  this  hooh'  on  every  Zaif  question. 


LNDEX  TO  L.R.A.  NOTES. 


461 


EMBARGO. 

Liability  of  insurer  under  policy  of  marine 
insurance  for  loss  occasioned  by  em- 
bargo.    5  B.  R.  C.  33. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  embargo  bond.  L.R.A.1917B, 
990. 

Against  exportation  of  arms  to  Mexico,  in- 
dictment for  violating.  L.R.A.1917A, 
281. 


EMBEZZLEMENT. 

g   1.  Generally. 

Indictment  for,  see  Indictment,  Infobma- 
TioN,  AND  Complaint,  §  17. 

Validity  and  enforceability  of  contract  to 
compensate  the  owner  of  property 
embezzled  in  absence  of  duress  or 
agreement,  express  or  implied,  to  stifle 
prosecution.     L.R.A.1915E,  139. 

Existence  of  a  trust  in  property  embezzled. 
L.R.A.191-5B,  442. 

Check  as  subject  of.     42  L.R.A.(N.S.)   498, 

Meaning  of  phrase  "convert  to  his  own 
use"  in  criminal  statutes.  42  L.R.A. 
(N.S.)   601. 

Doec  wrongful  appropriation  of  money  re- 
ceived tlirough  mistake  constitute  em- 
bezzlement.    19  L.R.A.(N.S.)    371.^ 

Failure  to  account  for  fund  to  one  jointly 
interested  therein.  31  L.R.A. (N.S.) 
822. 

Transfer  of  fund  or  security  from  one  es> 
tate  to  another  by  a  common  trustee. 

16  L.R.A. (N.S.)    205. 

By  one  spouse  of  other's  property.  29 
L.R.A. (N.S.)    830. 

Embezzlement  as  affected  by  want  of  au- 
thority of  defendant  to  receive  the 
monev  or  property  in  the  first  instance. 

17  L.R.A. (N.S.)    531. 

Valuation  of  property  for  purposes  of  trans- 
portation as  affecting  carrier's  liability 
where  it  is  embezzled  while  in  its  pos- 
session. 31  L.R.A.  (N.S.)  309;  L.R.A. 
1918A,  756. 

Disbarment  of  attorney  for  withholding 
client's   money.      19   L.R.A. (N.S.)    414. 

As  affected  by  belief  in  right  to  property 
taken.     41   L.R.A.  (N.S.)    556. 

Intent,  or  offer  to  return  or  actual  return 
of  property  as  affecting  charge  of.  52 
L.R.A.  (N.S.)   1013. 

Libel  or  slander  by  charge  of  embezzlement 
against  public  officer  or  candidate. 
L.R.A.1918E,  29. 

Truth  of  charge  of,  as  a  defense  to  a  civil 
action  for  libel  or  slander.  31  L.R.A. 
(N.S.)    144. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  226,  264;  43  L.R.A. (N.S.) 
774. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance. 
38  L.R.A. (N.S.)   314,  320. 

Cruel  and  unusual  punishment  for.  L.R.A. 
1915C,  570. 

Proof  of  corpus  delicti  in  embezzlement. 
L.R.A.1917A,  1289. 

Consult  also  L.R.A.  Digests  of  Cases. 


EjMBEZZLEMENT— cont'd 

Proof  of  mere  failure  to  pay  over  money. 

L.R.A.1917B,  1266. 
Venue    of    prosecution    for.      L.R.A.1918E, 

744. 

§   2.  By  agent. 

Effect  of  fact  that  one  is  entitled  to  com- 
missions out  of  fund  upon  liis  prosecu- 
tion for  embezzlement  in  case  he  re- 
tains the  whole  fund.  13  L.R.A. (N.S.) 
511. 

Failure  of  foreign  corporation  to  comply 
with  conditions  of  doing  business  in 
the  state  as  defense  of  action  by  it 
against  officer  or  agent  for  embezzle- 
ment.    L.R.A.1916A,   650. 

§   3.  By  bailee. 

Liability  of  bailee  for  wrongful  appropria- 
tion of  subject  of  bailment  by  servant. 
29  L.R.A.  92. 

Of  property  while  in  possession  of  bailee, 
presumption  and  burden  of  proof  as  to 
negligence.     43   L.R,A.(N.S.)    1190. 

§   4.  By  public  officer. 

May  estoppel  to  deny  authority  to  receive 
money  alleged  to  have  been  embezzled 
be  invoked  against  public  officer  charged 
with  embezzlement.  23  L.R.A.  (N.S.) 
761. 

§  5.  From  one  not  properly  in  posses- 
sion. 

Title  of  one  who  takes  money  from  thief  or 
embezzler.  25  L.R.A. (N.S.)  631;  L.R.A. 
1917A,  707. 

Illegality  of  transaction  by  which  owner 
obtained  money  or  other  property,  as 
a  defense.    27  L.R.A. (N.S.)  415. 


♦  •» 


EMBIiEMEXTS. 


See  Chops. 


^•» 


EMERGEXCY. 


§    1.  Generally. 

Effect  of  an  emergency  in  enlarging  the 
ordinary  powers  of  agents  to  contract 
for  services  of  other  persons.  L.R.A. 
1918F,  85. 

Emergency  which  will  authorize  f\i  extra 
tax.     52  L.R.A.(N.S.)    676. 

What  is  an  emergency  within  the  hours  of 
service  laws.  L.R.A.1915D,  420;  L.R.A. 
1917A,  1206. 

Care  required  of  one  in  sudden  emergency. 
37  L.R.A.(N.S.)   43. 

Liability  for  death  of,  or  injury  to,  one 
attempting  to  stop  runaway  horse. 
L.R.A.1917C,  1083. 

Sudden  stopping  of  train  in  an  emergency 
as  negligence  toward  passenger.  L.R.A. 
1915b,  368. 

Contributory  negligence  at  railroad  cross- 
ing of  driver  of  automobile  required  to 
act  in.     46  L.R.A. (N.S.)   708. 

Contributory  negligence  of  child  acting  in 
emergencj'.  L.R.A. 191 7F,  83,  104. 
On  or  about  railroad  track.  L.R.A. 
1917F,  162. 


462 


INDEX  TO  L.R.A.  NOTES. 


EMERGENCY— cont'd 

Implied  power  of  attorney  to  compromise 

cause  of  action   in  case  of  emergency. 

31  L.R.A.(N.S.)  527. 

§   2.  Act  of  employee  in. 

As  to  obtaining  medical  assistance,  see 
infra,  §  5. 

Reliance  by  servant  on  orders  given  in  emer- 
gency as  contributory  negligence.  17 
L.R.A.  606. 

Liability  of  restaurant  keeper  to  customer 
for  injury  by  act  of  servant  in  emer- 
gency.    21  L.R.A.(N.S.)  464. 

§   3.  Act  of  passenger  in. 

Negligence  of  passenger  in  getting  on  or  off 

moving  street  car  to  avoid  impending 

danger.      38    L.R.A.    790;    30    L.R.A. 

(N.S.)  275. 
Negligence  in  alighting  from  moving  train 

to  avoid  impending  danger.     22  L.R.A. 

(N.S.)  756;  L.R.A.1915C,  186. 
Causing  trespasser  to  jump   from   moving 

wagon   as    actionable   misconduct.      31 

L.R.A.(N.S.)  1064. 

§   4.  Act  of  person  in  street  in  case  of. 

Liability  for  death  of,  or  injury  to,  one  at- 
tempting to  stop  runaway  horse. 
L.R.A.3917C,  ]083. 

Duty  of  pedestrian  injured  by  automobile 
f,  in  case  of  emergency.  38  L.R.A.  (N.S.) 
494;  51  L.R.A.(N.S.)   1005. 

By  pedestrian  in  front  of  passing  trains. 
19  L.R.A.  165;  39  L.R.A. (N.S.)   485. 

As  excuse  for  contributory  negligence  of 
person  injured  by  defect  in  street.  21 
L.R.A.(N.S.)  654;  48  L.R.A. (N.S.)  628. 

§   5.  Medical  expenses  in  case  of. 

Physician's  right  to  recover  for  emergency 
service  rendered  unconscious  person. 
12  L.R.A.(N.S.)    1090. 

Power  of  corporate  agents  to  defray  medi- 
cal expenses  of  injured  employees  in 
case  of.  4  L.R.A.(N.S.)  63;  L.R.A. 
1915C,  809. 

Implied  power  of  employee  to  employ  phy- 
sician to  attend  injured  employee  in 
cases  of  emergency.  34  L.R.A.(N.S.) 
353,  355. 

Existence  of,  as  basis  for  implied  promise 
by  public  to  compensate  for  relief  fur- 
nished poor  person  in  cases  not  pro- 
vided for  by  law  where  there  has  been 
no  compliance  with  statutory  prereq- 
uisites.    39  L.R.A.(N.S.)    164*. 


JEMERG^NCY  CLAUSE. 

Resort  to  legislative  journals  to  show  en- 
actment of  bill  with.  40  L.R.A. (N.S.) 
34. 


■♦•» 


EMERGENCY  FUND., 

Effect  of  provision  that  deficiency  in  assess- 
ment may  be  paid  from.  10  L.R.A, 
(N.S.)  264. 


II. 


III. 
IV. 


V. 


EMINENT  DOMAIN. 

In  general,  §  1, 

Right  to  take  property,  §§  2-26. 

a.  In  general,  §§   2-4:. 

h.  Who  may  exercise,  §  5. 

c.  What  may  he  taTcen,  §§  6-8. 

d.  For  what  purpose,  §§  9-23. 

e.  Rights    and    title    acquired, 

§§  24-26. 
Procedure,   §§  27-33. 
Rights    and    remedies    of    otvnera 

and  others,  §§  36-53. 

a.  In  general,   §§  36-40. 

b.  WJiat    constitutes    a    taking 

of,    or   injury    to    property, 
§§  41-44. 

c.  Right    to    compensation,    §§ 

43-53. 

1.  In  general,  §  43. 

2.  Who  entitled  to,  §  46. 

3.  For     aJiat    property    or 

injury,  §§  47-53. 
Additional  burdens,  §§  54-67, 

I.  In  general. 


EMERGENCY  ASSISTANTS. 


Liability    of    master    for    injury    to.      40 

L.R.A.  (N.S.)    1180.  ' 

Begin  uHth  ttiis  book  on  every  law  question 


§   1.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  81. 

Power  of  courts  as  to  right  of  eminent  do- 
main, see  CouBTS,  §  16. 

Measure  of  damages  in,  see  Damages,  §§  11, 
82-93. 

Loss  of  dower  right  by  condemnation  pro- 
ceedings, see  Dower,  §  12. 

Acquiring  mining  property  by,  see  Mines, 
§3. 

Nature  of  eminent  domain.  22  L.R.A. 
(N.S.)    7. 

Effect  of  condemnation  of  property  of  pub- 
lic corporatfon  exempt  from  taxation 
on  taxes  accruing  between  date  of 
initiation  of  proceedings  and  their 
completion.     L.R.A.1915C,   132. 

Pending  condemnation  proceedings  as  breach 
of  covenant  against  encumbrances.  36 
L.R.A.(N.S.)    1067. 

Power  to  impose  assessments  for  public  im- 
provement by  front-foot  rule  under 
power  of  eminent  domain.  28  L.R.A. 
(N.S.)    1130,  1144. 

Assessment  by  front-foot  rule  for  public 
improvements  involving  power  of  em- 
inent domain.     28  L.R.A. (N.S.)    1197. 


INDEX  TO  L.R.A.  NOTES. 


463 


EMINENT  DOMAIN,  I.— cont'd 

Does  statute  of  limitations  run  during  life 
estate  against  proceedings  by  remain- 
derman to  compel  appropriation  of 
property  by  third  person  having  power 
of  eminent  domain.  15  L.R.A.(N.S.) 
1154. 

Eminent  domain  proceedings  after  forfeiture 
of  deed  to  railroad  for  noncompliance 
with  condition  for  construction  of  road 
within  a  specified  time.  32  L.R.A. 
(N.S.)    120. 

Federal  courts  following  state  decisions  on 
questions  relating  to.  40  L.R.A. (N.S.) 
444. 

//.  Right  to  taJce  property. 

a.  In  general. 

%   2.  Generally. 

Right  to  exercise  eminent  domain  as  af- 
fected by  the  extent  to  which  the  gen- 
eral scheme  has  progressed.  7  L.R.A. 
(N.S.)    198. 

§   3.  Extiiiftuishnient  of  right. 

When  exercise  of  power  for  purposes  of  wa- 
ter supply  exhausted.     58  L.R.A.  248. 

§   4,  Necessity  for  taking-. 

Necessity  for  private  road.     16  L.R.A.  83. 

Necessity  for  taking  railroad  right  of  way 
for  telegraph  or  telephone  lines.  42 
L.R.A. (N.S.)    235. 

Existence  of  necessitv  for  drainage  of  pri- 
vate lands.     4fl  L.ll.A.  782. 

Necessity  for  establishment  of  drains  and 
sewers.     60  L.R.A.   191. 

Discretion  as  to  necessity  of  exercise  of 
power  for  purposes  of  water  supply.  58 
L.R.A.    249. 

Judge  of  necessity.     22  L.R.A. (N.S.)   64. 

Degree  of  necessity  requisite  to  exercise 
power  of  eminent  domain.  22  L.R.A. 
(N.S.)    58, 

Public  necessity  as  gauge  of  power  to  ex- 
ercise right  of  eminent  domain.  22 
L.R.A.(N.S.)    55. 

Necessity  of  taking  particular  land  by  emi- 
nent domain  as  a  judicial  question. 
11  L.R.A.  (N.S.)    940. 

h.  Who   may   exercise. 

§    5.  Generally. 

For  purpose  of  water  supplv.  58  L.R.A. 
243. 

Right  of  cle  facto  corporation  to  exercise. 
2  L.R.A. (N.S.)  144;  50  L.R.A. (N.S.) 
236. 

Right  of  foreign  corporation  to  exercise. 
24   L.R.A.   327. 

Exercise  of  power  by  one  corporation  for  a 
public  purpose  to  be  subserved  by  an- 
other.    21  L.R.A. (N.S.)   448. 

Constitutionality  of  statute  conferring 
power  of  eminent  domain  on  private 
person  or  corporation  other  than  rail- 
road company,  for  spur  or  lateral  track. 
.35  L.R.A. (N.S.)    646. 

Co)t.sii]t  also  L.li.A.  Digests  of  Cases. 


]  EMINENT  DOilAIN,  II.  b— cont'd 

I  Exercise    of   power   of   eminent   domain   by 

I  depot    and    belt    or    terminal    railway 

I  companies.      10   L.R.A. (N.S.)    909. 

I  Right  of  private  educational  corporation  to 

exercise  power  of  eminent  domain.     48 

L.R.A.  (N.S.)   491. 

c.  What  may  he  taTcen. 

§   6.  Generally,. 

Property  subject  to  appropriation  for  pub- 
lic'use.     22  L.R.A.(N.S.)   6. 

What  may  be  acquired  for  construction  and 
operation  of  canals.     61  L.R.A.  833. 

For  purposes  of  sewer.     60  L.R.A.  198. 

For  purposes  of  a  water  supplv.  58  L.R.A. 
244. 

Acquisition  of  tide  lands  by  right  of.  66 
L.R.A.  897. 

Power  to  condemn  riparian  rights  apart 
from  the  land  to  which  they  are  appur- 
tenant.    17  L.R.A.  (N.S.)   1005. 

What  property  may  be  taken  for  school 
purposes.     48  L.R.A. (N.S.)    488. 

Taking  school  lands  for  other  public  uses. 
48  L.R.A.  (N.S.)   489. 

Scope  and  effect  of  constitutional  or  statu- 

.  tory  provision  exempting  property 

from  eminent  domain  proceedings. 
L.R.A.1916A,    1097. 

§   6a.  Shares  of  minority  stockholder. 

In   general.      1   L.R.A. (N.S.)    605. 
Relation    of    stockholder    to    his    associates 

and   the   corporation.      1   L.R.A.  (N.S.) 

607. 
Remedies.      1   L.R.A.(N.S.)    609. 
Property  subject  to  condemnation.    1  L.R.A. 

(N.S.)    611. 
Some   statutes    in    point.      1    L.R.A. (N.S.) 

615. 

§  7.  Property  already  devoted  to  pub- 
lic or  quasi  public  use. 

Right  to  take  other  public  property  for  pur- 
poses of  water  supply.    58  L.R.A.  246. 

Power  to  take  property  already  devoted  to 
a  public  use  by  a  political  or  govern- 
mental agency.     37   L.R.A. (N.S.)    101. 

Right  to  condemn  property  previously  con- 
demned or  purchased  for  public  use,  but 
which  is  not  actually  so  used.  24 
L.R.A.(N.S.)  383. 

Taking  for  school  purposes  lands  already 
devoted  to  other  public  use.  48  L.R.A, 
(N.S.)    489. 

§   8.  —  railroad  property. 

Power  to  lay  out  street  or  highway  across 
railroad  property  or  right  of  way.  24 
L.R.A.(N.S.)     1213. 

Taking  railroad  lands  for  municipal  pur- 
poses.    2  L.R.A. (N.S.)    227. 

Taking  railroad  lands  for  exclusive  munici- 
pal uses.     41  L.R.A. (N.S.)   828. 

Location  of  railroad;  what  sufficient  to  ex- 
clude another  road.  4  L.R.A.  791;* 
12   L.R.A.  220. 


464 


INDEX  TO  L.R.A.  NOTES. 


EMINENT  DOMAIN,  II.  c— cont'd 
What  constitutes  appropriation  of  land  for 
right  of  way  by  one  railroad  company 
which    will  'prevent    its    condemnation 
by     another     railroad     company.       13 
L.R.A.(N.S.)    197. 
Right  of  railroad  to  condemn  a  right  of  way 
over  or   across   the   tracks   of   another 
company  for   a  spur  track   to  private 
establishments.    5  L.R.A.  (N.S.)   512. 
Condemnation  of  right  of  way  for  telegraph 
or    telephone    liiie    along    railroad 
right    of    way.      42    L.R.A. (N.S.) 
225. 


d.  For  what  purpose. 

§  9.  Generally. 

Where  power  resides  to  declare  what  is  a 
public  use.     22  L.R.A.(N.S.)   50. 

Extent  of  user  as  affecting  public  nature  of 
a  use.     22   L.R.A.(N.S.)    48. 

For  what  purposes  the  flowage  of  lands  may 
be  authorized  by  statute.  14  L.R.A. 
487. 

Exercise  of  power  by  one  corporation  for 
public  purpose  to  be  subserved  by  an- 
other.    21  L.R.A. (N.S.)   448. 

Taking  property  of  one  person  to  compen- 
sate another  for  property  taken  for  a 
public  purpose.     46   L.R.A. (N.S.)    319. 

Right  to  exercise  power  as  affected  by  fact 
that  principal  benefit  will  be  de- 
rived out  of  the  state.  46  L.R.A. 
(N.S.)   1073. 

Power  to  exercise  for  purposes  of  school.  48 
L.R.A.(N.S.)  485. 

§  10.  Combination  of  public  and  pri- 
vate uses. 

Private  use  and  incidental  public  use.  21 
L.R.A.(N.S.)   539. 

Public  use  and  incidental  private  use.  21 
L.RJ^.(N.S.)    540. 

Combination  of  public  use  and  private  as 
principal  purposes.  21  L.R.A.(N.S.) 
543. 

Exercise  of  power  for  public  purpose  by 
corporation  whose  objects  include  pri- 
vate  purposes.     21   L.R.A. (N.S.)    544. 

Mask  of  public  character.  22  L.R.A.(N.S.) 
77. 

Plural  purposes.    22  L.R.A. (N.S.)  80. 

Incidental  private  advantage.  22  L.R.A. 
(N.S.)    81. 

Private  payment  of  compensation.  22 
L.R.A. (N.S.)  82. 

Constitutionality  of  statute  authorizing  the 
taking  of  more  property  than  is  in- 
tended to  be  used  for  the  public  pur- 
pose.    46  L.R.A.(N.S.)    1196. 

§   11.  Generation  of  electricity. 

For  generation  and  diffusion  of  electric  en- 
ergy. 2  L.R.A.  (N.S.)  842;  19  L.R.A. 
(N.S.)    725;   22  L.R.A. (N.S.)    136. 

§   12.  Mining  purposes. 

For  mining  purposes.  22  L.R.A.(N.S.)  153. 
For  mining  road.  1  L.R.A.(N.S.)  977;  22 
.     L.R.A.(N.S.)   701. 


Begiv  with  this  hoolc  on  every  law  question 


EMINENT  DOMAIN,  II.  d— cont'd 
For    right    of   way    for   mining   tunnel.      4 
L.R.A.(N.S.)    106. 

§    13.  Roads. 

Highwavs.     22  L.R.A. (N.S.)    99. 
Turnpikes.     22  L.R.A.  (N.S.)    101. 
Byways.     22  L.R.A. (N.S.)    102. 
Streets  and  alleys.     22  L.R.A.(N.S.)   111. 
Compulsory  use  of  private  property  in  road 

work.      42   L.R.A.(xV.S.)    1045;    L.R.A. 

1918D,  974. 

§    14.  —private  road. 

Private  road.     16  L.R.A.  81. 

For  mining  road.     1  L.R.A. (N.S.)    977;  22 

L.R.A.(N.S.)    701. 
Logging  road  or  logging  railroad.     L.R.A. 

1917A,  102. 

§   15.  Water  power. 

Taking  of  property  for  manufacturing  pow- 
er as  a  public  purpose.  22  L.R.A. 
(N.S.)  160. 

Furnishing  water  power  for  municipal  pur- 
poses as  a  public  purpose.  21  L.R.A. 
(N.S.)    410, 

Right  of  government  to  divert  water  from 
nontidal  stream  for  power  purposes 
without  compensation  to  riparian  own- 
er.    37  L.R.A.(N.S.)   308. 

Effect  of  offer  to  serve  public  on  right  to 
resort  to  eminent  domain  in  aid  of  at- 
tempt to  transmute  water  power  into 
electricity  for  sale.    6  L.R.A. (N.S.)  122. 

Right  to  consider  .value  of  property  as  a 
part  of  a  natural  water  power,  in  fixing 
compensation  in  eminent  domain.  3 
L.R.A.(N.S.)   912. 

§    16.  Water  supply. 

Exercise  of  power  of  eminent  domain  for 
water  supply.  58  L.R.A.  241;  22  L.R.A. 
(N.S.)   156. 

Discretion  as  to  necessity  of  exercise  of  pow- 
er for  purposes  of  water  supply.  58 
L.R.A.  249. 

Furnishing  water  and  water  power  to  the 
public  for  manufacturing  purposes  as  a 
public  purpose  justifying  the  exercise 
of  eminent  domain.  21  L.R.A. (N.S.) 
410. 

§   17.  Drains  and  sewers. 

For  drains  and  sewers.     60  L.R.A.  198;  22 

L.R.A.  (N.S.)    168. 
Acquisition  by  municipality  of  right  of  way 

for  drain.     65  L.R.A.  273. 
Drainage  of  private  lands  as  public  purpose 
authorizing   exercise    of    power    of 
eminent   domain.     49    L.R.A.    781; 
1     IaR.A.(N.S.)     208;     22    L.R.A. 
(N.S.)   163. 
Creation  of  easement  of  drainage  by  sever- 
ance   of    tract    of   land    with    apparent 
benefit  existing.    26  L.R.A. (N.S.)  361. 
Right  to  divert  water  from  nontidal  stream 
for  drainage  purposes  without  compen- 
sation to   riparian   owner.     37   L.R.A. 
(N.S.)   311. 


INDEX  TO  L.R.A.  NOTES. 


465 


EMINENT  DOMAIN,  II.  d— cont'd 
Taking  railroad  lands  for  drainage  district. 
2  L.R.A.{N.S.)    227. 

§    18.  Irrigation. 

Taking  jJroperty  for  irrigation  purposes.  1 
L.R.A.(N.S.)  208;  22  L.R.A.(N.S.) 
162;  33  L.R.A.(N.S.)   807. 

§    19.  Lievees. 

Exercise  of  eminent  domain  to  acquire 
rights  of  way  for  levees.  58  L.R.A. 
757. 

§   20.  Canals. 

For   canals.     22   L.R.A.  (N.S.)    152. 
What  may  be  acquired  for  construction  and 
operation  of  canals.     61  L.R.A.  833. 

§   21.  Railroad  purposes. 

Right  to  take  other  railroad  property  for, 
see  supra,  §  8. 

Relocation   of   railroad.      36   L.R.A.   510. 
For  logging  railroad.     1  L.R.A. (N.S.)   969; 

L.R.A.1917A,  102. 
For   appurtenances.     22   L.R.A.  (N.S.)    122. 
Location  of  route.     22  L.R.A.  (N.S.)    123. 
Quantity   of   land   that  may   be  taken.     22 

L.R.A.  (N.S.)    126. 
Exercise   of   power   of   eminent   domain   by 

depot    and    belt    or    terminal    railway 

companies.      10   L.R.A.  (N.S.)    909. 
Power  of  railroad  to  condemn  property  to 

obtain  construction  material.    40  L.R.A. 

(N.S.)   793. 

§   2  2.  —spurs  and  sidings. 

For  spur  tracks  and  sidings.  22  L.II.A. 
(N.S.)     129. 

Power  of  railroad  company  to  condemn  right 
of  way  for  spur  or  siding  to  private 
establisliment.  20  L.R.A.  434;  22 
L.R.A.  (N.S.)  181;  35  L.R.A.  (N.S.) 
636. 

Constitutionality  of  statute  conferring  pow- 
er of  eminent  domain  on  private  per- 
son or  corporation  other  than  railroad 
company  for  spur  or  lateral  track.  35 
L.R.A.  (N.S.)    646. 

Right  of  railroad  to  condemn  right  of  way 
over  or  across  tracks  of  another  com- 
pany for  a  spur  track  to  private  es- 
tablishments.     5    L.R.A. (N.S.)     512. 

Delegation  by  legislature  to  railroad  com- 
mission of  power  as  to  building  spur 
tracks.     32  L.R.A. (N.S.)   654. 

§   23.  Miscellaneous  purposes. 

Street    railways.      22    L.R.A.(N.S.)     134. 
Bridges.     22   L.R.A. (N.S.)    135. 
Toll  bridge.     30  L.R.A.  (N.S.)    360. 
Ferries.     22  L.R.A. (N.S.)    135. 
Wharves.     22  L.R.A.  (N.S.)   135. 
Pipelines.     22  L.R.A. (N.S.)   136. 
Mill  dams.     22  L.R.A. (N.S.)    140. 
Gristmill.     18  L.R.A. (N.S.)   356. 
Booms  and  logging  ways.     22  L.R.A. (N.S.) 

151. 
Fisheries.      22    L.R.A.(N.S.)     152;     L.R.A. 

1915E,  443. 
Sewers.     22  L.R.A. (N.S.)    168. 
Municipal  purposes.    22  L.R.A. (N.S.)   168. 
Common   schools.     22  L.R.A. (N.S.)    169. 
Consult  also  L.R.A.  Digests  of  Cases. 


EMINENT  DOMAIN,  II.  d— cont'd 

Private  schools.     48  L.R.A.(N.S.)  491. 

Parks.      22   L.R.A. (N.S.)    170. 

Cemeteries.    22  L.R.A.  (N.S.)  ] 71. 

Purveying  of  water  for  govermental  and  do- 
mestic consumption.  22  L.R.A. (N.S.) 
156. 

For  improvement  of  navigability  of  stream. 
67  L.R.A.  847;  22  L.R.A.  (N.S.)    153. 

Production  of  gold.     15  L.R.A. (N.S.)  616. 

e.  Bights  and  title  acquired. 

§   24.  Generally. 

Extent  of  title  or  rights  taken  for  purposes 

of   canal.     61   L.R.A.  836,  838. 
Extent  of  rights  acquired  for  purposes  of 

water    supply.      58    L.R.A,   248. 
Efifect  of  condemnation  of  husband's  lands 

upon  wife's  right  of  dower.     18  L.R.A. 

79. 
Does    eminent    domain    proceeding    secure 

title    "through    or    under"    the    former 

owner.      9   L.R.A. (N.S.)     1092. 
Judge  of   necessity   as   to   extent  of   estate 

to  be  taken.     22  L.R.A.(N.S.)   76. 

§   25.  For  railroad  purposes. 

Validity   of   sale  of   land   by   railroad.     25 

L.R.A.   139. 
Condemnation  or  grant  of  land  for  railroad 

right  of  way  as  carrying  right  to  lateral 

and     subjacent     support.       32     L.R.A. 

(N.S.)    155. 
Uses  to  which   railroad  right  of  way  may 

be  devoted  as  against  the  owner  of  the 

fee.     36  L.R.A.(N.S.)   512. 
Right  of   railroad  company  to  material  or 
mineral  within   right   of  way.     45 
L.R.A.(N.S.)    796. 

§26.  Taking  subject  to  liens. 

Estoppel,  when  property  is  taken,  subject 
to  certain  liens,  to  deny  the  validity  of 
the   liens.     21   L.R.A.(N.S.)    72. 

Effect  of  acquisition  of  title  by  eminent  do- 
main to  cut  off  tax  liens.  21  L.R.A. 
(N.S.)  68. 

III.  Procedure. 

§2  7.  Generally. 

Limitation  applicable  to  action  to  recover 
compensation  for  property  taken  or 
damaged.     L.R.A.1918E,  139. 

Procedure  in  condemning  property  for  water 
supply,  generally.     58  L.R.A.  250. 

Proceedings  to  condemn  land  for  drain  or 
sewer.    60  L.R.A.  198. 

Practice  and  remedies  when  property  sub- 
ject to  lease.     21  L.R.A.  219,  222. 

How  power  of  eminent  domain  is  exercised. 
22  L.R.A.  (N.S.)  17. 

Fraud  in  proceedings  for  opening  or  extend- 
ing highway  as  defense  to  proceedings 
to  acquire  property  for  that  purpose. 
7  L.R.A. (N.S.)  639' 

Selection  of  property  for  condemnation.  22 
L.R.A.(N.S.)   82. 

When  title  passes  in  eminent  domain  pro- 
ceedings.    16  L.R.A. (N.S.)   537. 


30 


46G 


INDEX  TO  L.K.A.  NOTES. 


EMINENT  DOMAIN,  III.— cont'd 
§   28.  Time  for  proceedings. 

First    and    last    davs    in    computing    time. 

49  L.R.A.  238.' 
Time  allowed  for  making  claim  for  damages 

from  taking  proper tv  for  water  supply. 

58  L.R.A.  25!>. 
Time  within  which  power  to  condemn  land 

and  water  rights  must  be  exercised.   58 

L.R.A.  258. 

§  29.  Removal  of  proceedings. 

Removal  of  condemnation  proceedings  be- 
cause of  separable  controversy.  5 
L.R.A.(N.S.)    76. 

§   30.  Discontinnance  of  proceedings. 

Abandonment  of  proceedings  for  acquisition 
of  water  supply.     58  L.R.A.  253. 

Right  of  condemning  party  to  dismiss  con- 
demnation proceedings  after  award  or 
verdict  and  before  confirmation  or  judg- 
ment.    28   L.R.A.  (N.S.)    91. 

Right  to  dismiss  condemnation  proceedings 
after  confirmation  of  award  or 
after  judgment.    L.R.A.1916C,  G44. 

What  damage  or  loss  is  within  provision 
for  payment  of  damages  upon  discon- 
tinuance of  proceedings  in  eminent  do- 
main.    52  L.R.A.  (N.S.)    262. 

§  31.  Trial;  award. 

Appeal,  see  infra,  §  34. 

Setting  aside  award,  see  infra,  §  35. 

Interest  which  will  disqualify  one  to  serve 
as   commissioner   or  juror   in  emi- 
nent    domain     proceedings.         47 
L.R.A.(N.S.)    151. 
Right  to  interest  on  award.     L.R.A.1916Q 

1109. 
Distribution  of  award  in  condemnation  of 
land  subject  to  an  assessment  for  pub- 
lic improvements.  45  L.R.A.  (N.S.) 
45  L 
Conclusiveness  of  judgment  or  order  in  con- 
demnation proceeedings  as  a  settlement 
of  rival  claims  to  the  award.  L.R.A. 
1917A,  690. 

g   32.  Notice. 

In  proceedings  to  establish  drains  and  sew- 
ers.   60  L.R.A.  209. 

In  proceedings  to  acquire  water  supply. 
58  L.R.A.  253. 

Necessity  of  providing  for  notice  of  hearing 
on  question  of  damages  or  compensa- 
tion.    4  L.R.A. (N.S.)  169. 

§   33.  —to  whom. 

To   occupant   only.      16   L.R.A.    186. 

To    tenants    and    reversioners.      21    L.R.A. 

222. 
Right  of  mortgagee  to  notice.     18   L.R.A. 

115. 
Effect  of  failure  to  give  mortgagee  notice. 

18  L.R.A.  117. 

g   34.  Appeal. 

Provision  for  appeal  to  court  in  proceed- 
ings to  establish  drains  and  sewers.  60 
L.R.A.   224. 

Begin  with  this  hook  on  every  latv  question 


EMINENT  DO-MAIN,  III.— cont'd 

Effect  of  appeal  in  condemnation  proceed- 
ings.    2  L.R.A. (N.S.)    313. 

Accepting  damages  as  waiver  of  right  to 
appeal.     29   L.R.A. (N.S.)    21. 

Liability  for  costs  on  appeal  from  award 
in  condemnation  proceedings.  36 
L.R.A.(N.S.)    624. 

g  35.  New  trial;  setting  aside  award. 

Power  of  court  to  set  aside  award  for  mis- 
conduct of  commissioners  or  jurors.  27 
L.R.A.(N.S.)  567. 


IV.  Rights  and  remedies  of  owners  and 
others. 

.o.  In  general. 

§  36.  Generally. 

Rights  on  vacation  of  highway,  see  High- 
ways, §  111. 

Right  of  one  whose  property  has  been  tak- 
en for  public  use  without  condem- 
nation proceedings,  to  maintain  ac- 
tion for  compensation  or  for  per- 
manent damages.    28  L.R.A.(N.S.) 
968. 
Data    necessary    to    warrant    recovery    for 
consequential  damages  to  real  property. 
3  L.R.A.(N.S.)    333. 

g  37.  Rights  of  tenants  and  reversion- 
ers. 

Generally.     21   L.R.A.   212. 

Efi'eet  on  liabilitv  for  rent.  17  L.R.A.  276; 
21  L.R.A.  213,  222. 

Damages;    application  of.      21   L.R.A.   215. 

Damages,  riglit  to  and  estimation  of.  21 
L,R.A.  217,  223.     . 

Rights  of  life  tenants,  reversioners,  and  re- 
maindermen.   21  L.R.A.  219,  221. 

Ground  rents.     21   L.R.A.  221. 

As  affected  by  duration  of  tenancy.  21 
L.R.A.  222. 

Effect  on  the  lease.    21  L.R.A.  222. 

Rights  of  tenant  receiving  proper  notice  to 
quit.     21  L.R.A.  222. 

g  38.  Rights  of  mortgagee. 

As  between  mortgagor  and  mortgagee.     18 

L.R.A.  113. 
As  between  mortgagee  and  appropriator.   18 

L.R.A.  114. 

g   39.  Payment  of  compensation. 

Private  pavment  of  compensation.  22 
L.R.A. (N.S.)   82. 

g  40.  What  lands  deemed  to  be  part  of 
tract  talien. 

Different  holdings.     57  L.R.A.  932. 

Property   in  city.     57  L.R.A.  936. 

Farm  lands  in  a  contiguous  body.  57  L.R.A. 
944. 

Farm  lands  separated  by  highways,  rail- 
roads, canals,  or  other  property.  57 
L.R.A.  945;   9  L.R.A.(N.S.)    426. 

Lands  in  different  counties.    57  L.R.A.  948. 


INDEX  TO  L.R.A.  NOTES. 


467 


EMINENT  DOMAIN,  IV.  a— cont'd 


h.  What  constitutes  a  taking  of,  or  in- 
jury  to  property. 


EMINENT   DOMAIN,  IV.  b — cont'd 

received  no  benefit  from  municipal 
government  as  a  taking  without  com- 
pensation.    27  L.R.A.  741. 

Assessment  for  public  improvement  by  the 
front-foot  rule.     L.R.A.1917D,  375. 


§   41.  Generally. 

Right  to  compensation  for  property  taken 

or  damaged,  see  infra,  iV.  c. 
Additional  burdens  on  property,  see  infra, 

V. 

What    constitutes   a    "taking."      18    L.R.A. 

166. 
What  is  a  "damaging."     36   L.R.A.  (N.S.) 

1194. 
Distinction    between    taking    or    damaging 
property     and     consequential     injuries. 
47  L.R.A.(N.S.)    462.      • 
Taking  or  damaging  property  by  discharg- 
ing   sewers    into    waters.      48    L.R.A. 
698. 
Compelling  occupant  or  owner  of  property 
bordering   on   public   street   to   remove 
snow  and  ice   from   sidewalks.     L.R.A. 
1918D,  1019. 
Statute  providing  for  removal  of  covenant 
restrictions    on    use    of    land.      L.R.A. 
1918B,  61. 
Temporary  use  of  or  interference  with  prop- 

ertv.     L.R.A.1918E,  991. 
Interference  with  view.     L.R.A.1917C,  1135. 
Laying  pipe  through  land  as  a  taking  for 
which    compensation    must    be    made. 
24  L.R.A.{N.S.)  230. 
Extension    of    city    limits    to    include    toll 
road  as  taking  of  property  for  which 
compensation     must     be     made.        17 
L.R.A.  (N.S.)    1071. 
Injury  to  riparian  property  by  deflection  of 
water  by  structure  erected  under  stat- 
utory    authority     as     a     taking.       38 
L.R.A.  (N.S.)     1040. 
Casting  water  upon  opposite  bank  by  rais- 
ing liank  of  a  stream,  as  a  taking  or 
damaging    of    property    within    consti- 
tutional   provisions.     48    L.R.A.(N.S.) 
994. 
Right       under       constitutional       provision 
against    "damaging"    private    property 
for    public   use   without   compensation, 
to      compensation      for      consequential 
damages  to  property,  no  part  of  which 
is  taken,  from  smoke,  noise,  dust,  etc., 
incident  to  ordinary  operation  of  rail- 
roads.      17     L.R.A.  (N.S.)      1054;      40 
L.R.A. (N.S.)   48;  L.R.A.1916E,  445. 
Does    a    constitutional    prohibition    against 
damaging  property  for  public  use  with- 
out compensation  apply  to  work  done 
after  the  provision  takes  efTect,  under 
ordinances  passed  before  that  time.     3 
L.R.A. (N.S.)    404. 
Requiring  connection  or  joint  use  of  prop- 
erties of  public  service  corporation  as  a 
taking    for    which    compensation    must 
be  made.-    50  L.R.A.  (N.S.)   652;  L.R.A. 
1916E,  759;  L.R.A.1917E,  1083. 

§   42.  Tax  or  assessment. 

Taxing  for  municipal  purposes  lands  which 
Consult  also  L.R.A.  Digests  of  Cases. 


§  43.  Removal  of  lateral  or  subjacent 
support. 

Liability  of  municipal  corporation  for  re- 
moval of  lateral  or  subjacent  support 
of  land.     68  L.R.A.  699. 

Removal  of  lateral  support  as  constituting 
damage  or  injury  witliin  meaniiig  of 
constitutional  provision  against  tak- 
ing, damaging  or  injuring  property  for 
public  use  without  compensation.  5 
L.R.A. (N.S.)    1086;    L.R.A.1917E,  576. 


§   44.  Matters  as  to  highways. 

What  constitutes  a  "taking"  of  ease- 
ment of  light,  air  and  access.  18 
L.R.A.  166. 

Cutting  off  access  to  a  highway  as  a  taking 
or   injury.      15   L.R.A.  (N.S.)    49. 

Compulsory  use  of  private  property  in  road 
work.  42  L.R.A.(N.S.)  1045;  L.R.A. 
1918D,  974. 

Liability  of  municipality  for  injury  to 
abutting  property  from  bringing  street 
to  the  grade  established  in  the  first 
instance.     7  L.R.A. (N.S.)    108. 

Liability  of  municipal  corporation  for  in- 
jury to  abutting  property  by  changing 
the  grade  of  street.  36  L.R.A. (N.S.) 
1194;  L.R.A.1915A,  383. 

Railroad  in  street  as  a  taking  of  property. 
36  L.R.A.(N.S.)   693. 


c.  Right  to  compensation* 
1.  In  general. 


§   45.  Generally. 

What    constitutes    a    taking    or    damaging 

which  compensation  must  be  made,  see 

supra,  IV.  b. 
Additional  burdens  for  whicli  compensation 

must  be  made,  see  infra,  V. 
Extent   of    recovery,   see   Damages,   §§    11, 

82-93. 
On    vacation    of    highway,    see    Highways, 

§    111. 

Limitation  applicable  to  action  to  recover 
compensation  for  property  taken  or 
damaged.     L.R.A.1918E,  139. 

Prepayment  as  a  condition  of  acquisition 
of  a  water  supply.     58  L.R.A.  257. 

Self-executing  effect  of  constitutional  pro- 
vision that  private  property  shall  not 
be  taken  or  damaged  for  public  use 
without  compensation.     16  L.R.A.  283. 

Right  to  take  private  property  for  public 
use  without  compensation  on  the 
theory  that  it  has  been  abandoned.  39 
L.R.A.(N.S.)     1029. 


468 


INDEX  TO  L.R.A.  NOTES. 


EMINENT  DOMAIN,  IV.  c,  1— cont'd 

Are  counties  within  constitutional  provi- 
eion  requiring  "municipal  and  other 
corporations"  to  make  just  compen- 
sation for  property  injured  by  public 
work.      18   L.R.A.(N.S.)    884. 

Claim  for  compensation  for  property  taken 
or  damaged  as  within  statute  or  or- 
dinance requiring  notice  or  presenta- 
tion as  a  condition  of  municipal  lia- 
bility.    50  L.R.A.(N.S.)    181. 

Kight  to  compensation  for  property  taken 
or  damaged  in  construction  of 
levees.     L.R.A.1916F,  1187. 


2.  Who  entitled  to. 

§  46.  Generally. 

Who  entitled  to  compensation  in  proceed- 
ings to  acquire  water  supply.  58 
L.R.A.  256. 

Right  of  tenant  of  property  to  compensa- 
tion.    11  L.R.A.  839;*  21  L.R.A.  217. 

Licensee's  right  to  compensation.  21  L.R.A. 
219. 

Right  to  compensation  of  grantor  in  con- 
veyance of  determinable  fee  or  estate 
upon  condition  subsequent.  22  L.R.A. 
(N.S.)   1063. 


8.  For  what  property  or  injury. 

§   47.  Generally. 

Distinction  between  taking  or  damaging 
property,  and  consequential  injuries. 
47  L.R.A. (N.S.)   462. 

Compensation  for  right  of  redemption  where 
property  is  taken  in  condemnation  pro- 
ceedings.    L.R.A.1917F,  801. 

Property  for  which  compensation  must  be 
made  to  public  utility  company  upon 
taking  its  plant.     47  L.R.A. (N.S.)   770. 

Right  to  compensation  for  interference  with 
switch  connections  or  other  shipping 
facilities.     52  L.R.A.(N.S.)   192. 

Injuries  to  abutter's  easements  of  light, 
air,  and  access  by  vacating  street, 
changing  grade,  etc.     14  L.R.A.  370. 

Right  of  owner  of  easement  of  way  to  com- 
pensation upon  its  conversion  into 
public  highway.     2  L.R.A.(N.S.)    598. 

Municipal  liability  for  injury  to  abutting 
property  from  changing  street  grade 
under  constitutional  provision  against 
"damaging"  private  property  for  pub- 
lic use  without  compensation.  36 
L.R.A.(N.S.)    1194;   L.R.A.1915A,  383. 

Owner%  right  to  compensation  for  improve- 
ments made  by  taker  before  condem- 
nation without  owner's  consent  5 
L.R.A.(N.S.)    922. 

Right  to  allowance  for  improvements  made 
with  knowledge  that  property 
would  be  required  for  public  use. 
36  L.R.A,(N.S.)    273. 

Power  to  authorize  construction  of  telegraph 
or  telephone  line  along  railroad  right 
of  way,  without  compensation  to  rail- 
road  company.     29   L.R.A. (N.S.)    703. 

Beffin  uHth  this  book  on  every  law  question 


EMINENT  DOMAIN,  IV.  c  ,  3— cont'd 
§   4  8.  Fop  matters  as  to  waters. 

Right  to  acquire  water  supply  without  com- 
pensation.    58  L.R.A.  240. 

Government's  right  to  divert  water  from 
nontidal  stream  without  compensation 
to  riparian  owner.  37  L.R.A. (N.S.) 
307. 

Right  to  compensation  for  damages  to  oys- 
ter beds  by  improvement  of  navigation. 
.34   L.R.A. (N.S.)    1084. 

Right  of  riparian  owner  to  compensation 
for  damages  to  his  property  by  con- 
struction, under  legislative  authority, 
of  dams  or  booms  for  floating  or  stor- 
ing logs.     22  L.R.A. (N.S.)    641. 

Right  to  compensation  for  appropriation  of 
land  for  drain  or  sewer.  60  L.R.A. 
199. 

Conipensation  for  injury  from  establishment 
of  drains  and  sewers.     60  L.R.A.  223. 

Right  of  action  by  owner  of  upland  for  in- 
terference with  access  to  navigable 
waters.     L.R.A.1918E,  738. 

§   49.  For  railroads. 

Right  to  compensation  for  railroad  struc- 
tures placed  on  land  before  condemna- 
tion.    66  L.R.A.  44. 

Right  of  property  owner  to  compensation 
for  interference  with  light  or  air  by 
railroad  structure  on  company's  own 
property.     20   L.R.A. (N.S.)    1061. 

Right  to  obstruct  or  destroy  wharf  rights 
in  navigable  waters  for  railroad 
without  compensation.  34  L.R.A. 
(N.S.)    428. 

Right  to  compensation  for  consequential 
damages  to  property,  no  part  of  which 
is  taken,  from  smoke,  noise,  dust,  etc., 
incident  to  ordinary  operation  of  rail- 
road. 17  L.R.A.(N.S.)  1054;  L.R.A. 
1916F,  445. 

Liability  of  railroad  company  in  construct- 
ing its  roadway  for  removal  of  lateral 
support  to  adjoining  property.  L.R.A. 
1918D  714. 


§   50.  —  in  street. 

Abutter's  right  to  compensation  for  rail- 
road  in   street.     36   L.R.A. (N.S.)    673. 

Liability  of  railroad  company  to  abutting 
owner  for  damages  from  change  of 
grade  of  highway  necessary  to  carry 
it  across  tracks.  26  L.R.A.(N.S.)  226; 
L.R.A.1916D,  1078. 

Right  of  landowner  to  damages  for  obstruc- 
tion of  street  or  highway  by  railroad 
not  adjacent  to  his  property.  9  L.R.A. 
(N.S.)   496;  46  L.R.A.(N.S.)   615. 

Right  of  abutting  owner  •  to  damages  for 
special  injuries  where  street  railway 
is  not  considered  an  additional  burden. 
25  L.R.A.(N.S.)   1265. 

§51.  For  street  railways. 

Injury  to  abutting  owner  by  laying  street 
railway  near  side  of  street.  43 
L.R.A.  554. 


INDEX  TO  L.R.A.  NOTES. 


469 


EMINENT  DOMAIN,  IV.  c,  3— cont'd 
Eight   of   abutting   owner   to   compensation 
where  street  railway  is  located  on  the 
side,  rather  than  in  the  center,  of  the 
street.     25  L.R.A.  (N.S.)    1278. 
Right    of    abutting   owner   to   damages   for 
special   injuries  where   street   rail- 
way is  not  considered  an  addition- 
al burden.     25  L.R.A. (N.S.)    1265. 

§  52.  For  laying  out  highway  or  elec- 
tric road  across  railroad. 

Necessity  of  making  compensation  on  lay- 
ing out  street  across  railroad  prop- 
erty.    24  L.R.A. (N.S.)    1226. 
Right  of  railroad  company  to  compensation 
for  the  crossing  of  its  track,  where  it 
intersects  a  street  or   highway,   by  an 
electric  road.    29  L.R.A.  485 ;  13  L.R.A. 
(N.S.)   916;  L.R.A.1915D,  843. 

§  53.  For  obstruction  or  destruction 
of  wharf  rights  in  navigable  waters. 

Right  to  obstruct  or  destroy  wharf  rights 
in  navigable  waters  for  public  pur- 
poses, without  compensation.  34 
L.R.A.  (N.S.)    423. 

v.  Additional  hurdens. 

§   54.  Generally. 

What  constitutes  a  taking  of,  or  injury  to 

property,  see  supra,  IV.  b. 
Right  to  compensation  for  property  taken, 

see  supra,  IV.  c. 

Railroads.  3  L.R.A.  175;*  8  L.R.A.  31;* 
17  L.R.A.  474. 

§   55.  On  highway. 

As  to  rights  of  abutting  owners  on  high- 
ways, generally,  see  Highways,  §§  11- 
14. 

What  use  of  a  street  or  highway  constitutes 
an   additional   burden.      17   L.R.A. 
474. 
Gas-pipe    line    as.      17    L.R.A.    480;    7 
L.R.A.(N.S.)  506. 

§  56.  — electric  poles  and  wires;  tele- 
graph and  telephone  line. 

Electric  railroad,  see  infra,  §  57. 

Poles  as  an  additional  burden  on  highway. 
24  L.R.A.  72L 

Telegraph  and  telephone  poles  and  wires  in 
street  as  additional  burden  on  ease- 
ment. 17  L.R.A.  480;  24  L.R.A.  721; 
3  L.R.A.(N.S.)  323;  7  L.R.A. (N.S.) 
87. 

Electric  power  or  light  line  in  street  or 
highwav  as  an  additional  burden.  36 
L.R.A.(N.S.)  185;  52  L.R.A.  (N.S.)  760. 

§   57.  — railroads  of  various  kinds. 

Railroad    in    street    as.      30    L.R.A.  (N.S.) 

698. 
Street  railway  as.    17  L.R.A.  477 ;  36  L.R.A. 

(N.S.)    709. 
Interurban  trolley  road  as.    4  L.R.A. (N.S.) 

202:    40   L.R.A. (N.S.)    254. 
Consult  also  L.R.A.  Digests  of  Cases. 


EMINENT  DOMAIN,  V.— cont'd 

Damages    to    abutting    owner   for    right   to 

run  interurban  cars  over  the  tracks  of 

a  street,  railway  company.     15   L.R.A. 

(N.S.)    531. 
Subway  in  public  street  for  street  railway 

purpose  as   proper   street  use.     L.R.A 

1915F,  1005. 


EMOTIONS. 


Protection   of    personal   rights    relating   to. 

37  L.R.A.  784. 
Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A  721. 


EMPLOYEES. 


In  general,   see  Master  and  Servant. 

Who  are,  within  meaning  of  statute  giving 
preferences.     18  L.R.A.  305. 


EMPLOYERS. 


See  Masteb  and  Servant. 


EMPLOYERS'  INDEMNITY  INSUR- 
ANCE. 

See  Insurance,   §§  212-217. 


EMPLOYERS'  LIABILITY. 

Insurance  against,  see  Insurance,  §§  212- 
217. 


♦  •» 


EMPLOYERS'  LIABILITY  ACT. 

See  Master  and  Servant,  §§  56,  57. 
' ^^^ 

EMPLOYMENT. 

Validity  of  contract  of,  see  Contracts,  §§ 

79-81. 
Contract    of,    generally,    see    Master    and 

Servant,  II. 
Of  school  teacher,  see  Schools,  §  15. 

Implied  authority  of  claim  agent  to  promise 
emploj'ment  to  induce  settlement  of 
claim.      38   L.R.A. (N.S.)    826. 


EMPLOYMENT  AGENCIES. 

Constitutionality  of  statutes  regulating,  see 

CONSTirUTIONAL  Law,   §   88. 
License  of,  see  License,  §  26. 


470 


INDEX  TO  L.R.A.  NOTES. 


ENACTING  CLAUSE. 


Attack  on  enrolled  bill  passed  without.     40 
L.R.A.  (N.S.)    30. 


ENACTMENT. 


Of  ordinance,  see  Municipal  Cobpobations, 

§  21. 
Of  statutes,  see  Statutes,  §§  3-7. 


ENCLOSURE. 


Notice  of  title  to   land   from.     13   L.R.A. 
(N.S.)  93. 


ENCROACHMENTS. 

On  highway,  see  HigJiways,  §§  13,  14,  19a, 

33-39.' 
Awnings  as,  see  Awnings. 

Prescriptive  right  to  maintain,  53  L.R.A. 
897. 

Projection  of  building  or  other  structure 
over  a  boundary  as  a  continuing  tres- 
pass or  nuisance.  32  L.R.A.(N.S.) 
1010. 

Easement  created  by  severance  of  tract  of 
land.  26  L.R.A.{N.S.)  367;  L.R.A. 
1916C,  353. 

Right  of  riparian  owner  to  protect  shore 
from  encroachment  of  water.  6  L.R.A. 
(N.S.)   162. 

Injunction  against  encroachment  on  ceme- 
tery   lands.      3   L.R.A. (N.S.)    482. 

Ejectment  for  encroachments  under  surface 
or  overhead.     11  L.R.A.(N.S.)   917. 

Mandatory  injunction  to  compel  removal 
of  structure  which  encroaches  on  ad- 
joining property.    36  L.R.A.(N.S.)  402. 

Effect  of,  on  marketability  of  title.  38 
L.R.A.(N.S.)    33. 

Enjoining  interference  with  highway  fence 
for  purpose  of  removal  of«  7  L.R.A. 
(N.S.)  62. 


ENCUMBRANCE. 


Covenant  against,   see  Covenants,   §8   10. 

11,  28-30. 
On  insured  property,  see  Insubance,  §§  78, 

88;  Landloed  and  Tenant,  §  20. 
On  homestead,  see  Homestead,  §  15. 
Condition  against,  in  policy,  see  Insubance, 

§§  66-73. 
Conveyance    of    property    subject    to,    see 

MOBTQAGE.   §§  40-46. 
Railroad   right  of  way  as,  see   Railboads, 

§  18. 
Subrogation  of  person  discharging,  see  SuB- 

BOGATION,  §  2 


ENCUMBRANCE— cont'd 

Lease  as,  within  statute  requiring  joinder 
or  consent  of  spouse.  39  L.R.A.  ( N.S. ) 
675. 

When  taxes  become  an  encumbrance  on  land. 
15  L.R.A.  236. 

Parol  evidence  that  property  was  sold  ''sub- 
ject to."     20  L.R.A.   106. 

Power  of  surviving  partner  to  remove.  28 
L.R.A.  ]34. 

Right  of  devisee  of  encumbered  property  to 
exoneration  at  expense  of  legatee.  3 
L.R.A.(N.S.)    898. 

Effect  of  defendant's  mistake  of  fact  as  to, 
on  right  to  specific  performance  of  con- 
tract induced  by  the  mistake.  15 
L.R.A.  (N.S.)    86. 

Rights  of  life  tenant  who  pays  off,  as 
against  remainderman.  29  L.R.A.  ( N.S. ) 
153. 

Repudiating  cotenancy  as  affecting  right  to 
contribution  of  cotenant  paying  en- 
cumbrance.    L.R.A.1915B,   973. 

What  fund  is  chargeable  with  costs  and 
expenses  of  sale  when  encumbered  prop- 
erty is  sold  in  bankruptcy  free  of  liens. 
29  L.R.A.(N.S.)  737. 

Agreement  by  vendee  to  pay  encumbrance 
as  promise  to  answer  for  debt  of  an- 
other within  statute  of  frauds.  15 
L.R.A.(N.S.)    1087. 

Right  of  one  advancing  money  to  pay  off 
encumbrance  on  security  which  proves 
defective  to  be  subrogated  to  such  en- 
cumbrance.   5  L.R.A. (N.S.)  838. 

Validity  of  encumbrance  by  husband  and 
wife  of  property  held  by  entireties  to 
secure  individual  debt  of  husband.  66 
L.R.A.  037. 

Merger  of  mortgage  by  conveyance  from 
mortgagor  to  mortgagee  or  revival 
thereof  after  such  conveyance  where 
there  are  intermediate  encumbrances 
on  the  property.     39  L.R.A. (N.S.)   834. 


ENCYCLOPEDIA. 


Use  of,  as  evidence.     40  L.R.A.  575. 

Master's  rights  in  respect  to  work  of  em- 
ployee  upon.     5   L.R.A. (N.S.)    1190. 

Right  of  employer  and  employee  with  re- 
spect to  work  done  for.  1  B.  R.  C. 
330. 


Begin  with  this  book,  on  every  law  question 


ENDOWMENT  POLICY. 

As  assets  of  insured  on  bankruptcy  or  in- 
solvency.    50    L.R.A.     44;     46    L.R.A. 

(N.S.) '148. 

Right  to  subject,  to  claims  of  creditors. 
4   L.R.A.  (N.S.)    456. 

Are  endowment  policies  within  statute  ex- 
empting life  insurance  policies.  25 
L.R.A.(N.S.)   722. 

Right  of  beneficiary  as  against  insured  or 
his  estate  to  proceeds  of  endowment  in- 
surance.    .52  L.R.A. (N.S.)   689. 


INDEX  TO  L.R.A.  NOTES. 


471 


EXEMY. 

Alien  enemy,  see  Alien  Enemies. 

Consul  trading  with  enemy.    45  L.R.A.  588. 
Validity  of   contract  made   for  .purpose   of 

aiding  and  abetting.     12  L.R.A.  (N.S.) 

606. 


ENFORCEMENT. 


Of  award  of  arbiters,  see  Arbitration,  §  5. 

Of  illegal  contract,  see  Contbacts,  §§  112- 
120. 

Of  alimony,  see  Divorce  and  Separation, 
§§  43-45. 

Of  judgment,  see  Judgment,  §§  73,  81-86. 

Of  contract  of  employment,  see  Master  and 
Servant,  §  9. 

Of  mechanics'  lien,  see  Mechanics'  Liens, 
VIII. 

Of  mortgage,  see  Mortgage,  VII. 

Of  ordinance,  see  Municipal  Corporations, 
§  51. 

Of  improvement  assessment,  see  Public  Im- 
provements, IV.  e. 

Of  tax,  see  Taxes,  IV. 

Of  trust,  see  Trusts,  §§  38,  39. 

Of  vendor's  lien,  see  Vendor  and  Pur- 
chaser, §  34. 

Of  payment  of  legacy,  see  Wills,  §  106. 


ENGINE. 

Liability  for  fires  set  by  threshing  engine, 

see  Fires,  §  7. 
Frightening   of    horses    by,    see    Horses,    § 

10. 

Right  to  use  water  of  stream  for.  41  L.R.A. 
741. 

As  fixture  when  placed  on  land  by  the  own- 
er of  the  realty,    8  L.R.A.  (N.S.)  376. 

Use  of  engine  on  farm  premises  as  viola- 
tion of  general  provision  in  fire  policy 
against  increase  of  risk  or  specific  pro- 
visions relating  to  engines.  L.R.A. 
1915D,  187. 

Negligence  as  to  spark  arresters  on.  1 
L.R.A.(N.S.)    530. 

Private  action  for  violation  of  statutes  re- 
quiring spark  arresters  on.  L.R.A. 
1915E,  539. 

Liability  of  master  where  servant  invites  or 
permits  children  to  ride  on.  L.R.A. 
1915E,   888. 


ENGINEER. 


Certificate  of,  see  Contracts,  §§  140-142. 

Valid itv  of  contract  with  unlicensed  en- 
gineer.    12  L.R.A.  (N.S.)    617. 

As  fellow  servants.     52  L.R.A.  (N.S.)   1086. 

Waiver  by,  of  stipulation  in  building  con- 
tract that  alterations  or  extras  must  be 
ordered  in  writing.  48  L.R.A.  (N.S.) 
582,  592,  594. 

Consult  also  L.R.A.  Digests  of  Cases. 


ENGINEER— cont'd 

Power  of  courts  to  enforce  ministerial  du- 
ties of  state  engineer.  52  L.R.A. (N.S.) 
443. 

Liability  of  architect  or  engineer  for  negli- 
gence in  issuing  certificates.  4  B.  R. 
C.  859. 


ENGINEERING. 


Treatment  of  expense  of  engineering  in  pub- 
lic   service    property    valuations.      48 

L.R.A.(N.S.)  1040. 


ENGINE  HOUSE. 


Right    to    use    railroad    right   of    way    for 
purpose  of.     36   L.R.A. (N.S.)    516. 


ENGLISH  COURTS. 

Jurisdiction   of   civil    actions   against  coii- 
suls.     45  L.R.A.  580. 


ENGLISH  LANGUAGE. 

Master's  duty  as  to  instructing  and  warning 
servant  unable  to  understand  English. 
23   L.R.A.(N.S.)    296. 

Master's  liability  as  affected  by  fellow  serv- 
ant's inability  to  understand.  20 
L.R.A.(N.S.)    39. 


ENGLISH   STATUTES. 

See  Common  Law. 

* « » 


ENGRAVINGS. 

Right  to  use  engraved  plates  without  the 
consent  of  the  party  who  has  paid  for 
making  them.     50  L.R.A.  397. 


ENGROSSED   BILL/. 


Impeachment  of  enrolled  bill  by. 
(N.S.)    3L 


40  L.R.A. 


ENHANCED  PENALTY. 

For   habitual   criminals  or   prior   offenders, 
see  Criminal  Law,  §  83. 


472 


INDEX  TO  L.R.A.  NOTES. 


ENLARGED  COPIES. 

Of  handwriting  as  evidence.    36  L.R.A.  813 ; 

61  L.R.A.(N.S.)   857. 


ENLISTMENT. 

In  Army  or  Navy,  see  Army  and  Navy. 


EN    MASSE. 

Sale   en   masse   on   foreclosure,   see  Mort- 
gage, §  79. 


ENROLLED  BILL. 

Conclusiveness  of,  see  STATtriES,  §   12. 


ENSILAGE  CUTTER. 

Recovery  under  Workmen's  Compensation 
Act  for  injury  to  employee  operating. 
L.R.A.1918F,  202. 


ENTERTAINMENT. 

In  general,  see  Amusements. 
Innkeeper's  duty  as  to,  see  Innkeepebs,  § 
12. 


ENTICING. 


Of  servant,  see  Master  and  Servant,  §  43. 

Liability  for  enticing  servant  to  quit  em- 
ployment, see  Case,  §  5. 

Liability  generally  for  enticing  minor  to 
leave  parent,  see  Case,  §  6. 

Remedy  for  enticing  servant,  see  Election 
OF  Remedies,  §  9. 

Effect    of    defendant's    mistake    as    to    age 

of  girl  enticed.     25  L.R.A.(N,S.)    661. 
What  amounts  to  enticing  of  minor  child 

from     parent's     custody.       48     L.R.A. 

(N.S.)  1001. 
Right  of  action  for  enticement  of  wife  as 

asset    of    bankrupt.      43    L.R.A.(N.S.) 

941. 


ENTIRETIES. 

Tenancy  in,  see  Husband  and  Wife,  §  27. 

< «» 

ENTIRETY. 

Of  contract,  see  Contracts,  §  62. 


ENTRANCES. 

§    1.  Generally. 

Duty  of  storekeeper  toward  customer  as  to 

condition    of.      21    L.R.A.(N.S.)     463; 

L.R.A.1'915F,  572. 
Duty   as   to   entrances   to   building   located 

on    street    with    ascending    grade.      22 

L.R.A.(N.S.)  730. 

§  2.  Of  leased  premises. 

Landlord's  liability  to  third  persons  as  to 
condition  of.    26  L.R.A.  202. 

Landlord's  liability  as  to  condition  of  com- 
mon entrance.     23  L.R.A.  155. 

Right  of  tenant  to  have  entrances  kept 
open.  4  L.R.A.  (N.S.)  565;  30  L.R.A. 
(N.S.)  926. 


ENTRY. 

Right  of,  on  condition  broken,  see  Con- 
ditions, §  12. 

In  books  of  account  as  evidence,  see  Evi- 
dence, §§  139-144. 

Admissibility  in  evidence  of  entries  in 
family  Bible,  see  Evidence,  §   145. 

Of  judgment,  see  Judgment.  §§  14-18. 

By  mortgagee,  see  Mortgage,  §  31. 

Of  public  lands,  see  Public  Lands,  III. 

Writ  of,  see  Writ"  of  Entry. 

In  bank  book  as  contract.     24  L.R.A.  737. 

May  entry  on  land  which  would  otherwise 
constitute  a  trespass  be  justified  by 
private  necessity.    20  L.R.A. (N.S.)  152. 

Necessity  of  entry  as  a  condition  of  main- 
taining an  action,  other  than  for  dam- 
ages, based  on  breach  of  condition  sub- 
sequent in  a  conveyance  of  freehold. 
14  L.R.A. (N.S.)  1188;  23  L.R.A. (N.S.) 
938;  L.R.A.1917C,  882. 


ENTRYMAN. 

See  Public  Lands. 

♦-•-• 


ENTITY. 

Torts  of  partnership  as.     51  L.R.A.  465. 
Pegin  tvith  thi8  hooJc  on  evertj  law  qtieation. 


EN  VENTRE  SA  MERE. 

Infant  in,  as  grantee  in  deed.     44  L.R.A. 

489. 
Premature   injurv   to  infant  as  ground  of 

action.     45   L.R.A. (N.S.)    625. 
May  a  child  en  ventre  sa  mere  be  considered 

as  in  being  for  purpose  of  rule  against 

perpetuities.    4  B.  R.  C.  492. 


EPIDEMICS. 


See  Contagious  Diseases;  Hexalth. 


INDEX  TO  L.R.A.  NOTES. 


473 


EPILEPSY. 

As    aflfectinaf    testamentary    capacity.       27 
L.R.A.{'N.S.)   30;  L.R.A.1915A,  451. 


EPITHET. 

See  Libel  and  Slandeb. 

♦-•-♦ 


EQUAIi  ACCOMMODATIONS. 

Right  to.     14  L.R.A.  579. 


EQUALITY. 


Of  protection  and  privileges,  see  Constitu- 

TioNAL  Law,  IX.  b. 
In  license  fee,  see  License,  §§  46,  46a. 
In  taxation,  see  Taxes,  §§  8-12,  39,  93,  94. 

Of  judgment  liens  on   after-acquired   prop- 
erty.    42  L.R.A.  210. 


EQUALIZATION. 


Board  of,  see  Taxes,  §  59b. 

Of  assessment  for  drains  and  sewers.     60 
L.R.A.  234. 


#•» 


EQUAL  PROTECTION. 

Constitutional  Law,  IX.  b. 


EQUIPMENT. 


State  regulation  of  equipment  of  railroad 
rolling  stock  as  interference  with  in- 
terstate commerce.  32  L.R.A.  (N.S.) 
20. 


EQUITABLE  ASSIGNMENT. 

See  Assignment,  §  8. 


EQUITABLE  CONVERSION. 

By  will,  see  Wills,  §§  116-118. 

As  affecting  descent  of  ancestral  estates. 
L.R.A.1916C,  910. 

As  applied  to  land  contract.  57  L.R.A. 
643. 

Devolution  of  vendee's  interest  under  con- 
tract for  purchase  of  real  property.  42 
L.R.A.  (N.S.)   446. 

Consult  also  L.R.A.  Digests  of  Cases. 


EQUITABLE  CONVERSION— cont'd 

Devolution  of  interests  of  respective  parties 
to  option  for  purchase  of  real  estate. 
L.R.A.1917D,  719. 

Effect  of  agreement  converting  real  estate 
into  personalty,  upon  widow's  right  to 
dower.     27   L.R.A.  347. 

As  affecting  descent  to  kindred  of  the  half 
blood.     29  L.R.A.  567. 

As  against  persons  not  in  being.  8  L.R.A. 
(N.S.)  72. 

Of  partnership  realty.  27  L.R.A.  473;  37 
L.R.A. (N.S.)    900. 

Taxes  on  succession  as  affecting  real  estate 
in  other  states,  under  doctrine  of.  1 
L.R.A.(N.S.)  400;  19  L.R.A.  (N.S.) 
290. 

Effect  of  purchase  of  real  property  at  ju- 
dicial sale  to  work  an  equitable  con- 
version of  a  corresponding  part  of  the 
purchaser's  personal  estate  into  realtv. 
16  L.R.A.(N.S.)   859. 

Allowing  period  for  conversion  of  property 
as  violation  of  rule  against  perpetui- 
ties or  suspension  of  power  of  aliena- 
tion.    26  L.R.A. (N.S.)    724. 

Surplus  realized  upon  foreclosure  sale  of 
real  estate  after  mortgagor's  death  as 
real  or  personal  property.  19  L.R.A. 
(N.S.)   723. 

Reconversion  into  real  property  after  equit- 
able conversion  into  personalty  by  con- 
tract for  sale  of  land.     57  L.R.A.  652. 


EQUITABLE  DEFENSES. 

Proof  of,  under  general  denial  or  a  plea 
of  the  general  issue  in  action  of  eject- 
ment.    L.R.A.1918F,  255. 


EQUITABLE  ESTOPPEL. 


See  Estoppel,  III. 


EQUITABLE  LIEN. 

See  Liens,  §§  5-7. 


EQUITABLE  LIMITATIONS. 

See  Limitation  of  Actions,  §§  6-12. 


EQUITABLE  MORTGAGE. 

See  Mortgage,  §§7,  14. 


EQUITABLE   REMEDY. 

In  aid  of  execution,  see  Execution,  §  17. 


EQUITABLE  SET-OFF. 

See  Set-Off  and  Counteeclaim,  §§  10-12. 


474 


INDEX  TO  L.R.A.  NOTES. 


EQUITABLE  TITLE. 


Sufficiency  of,  to  sustain  action  for  trespass. 
47  L.R.A.  637. 

Sufficiency  of,  to  sustain  action  for  injury 
to  real  property.    30  L.R.A.  (N.S.)  231. 

Owner  of  equitable  title  as  sole  and  uncon- 
ditional owner  of  insured  property,  the 
legal  title  of  which  is  in  another. 
L.R.A.1918E,  375. 


EQUITY. 

I.  Jurisdiction  and  powers,  §§  1-21. 
II.  Rulea;  principles;  maxims,    §  22. 
111.  Practice,  §§  23,  24. 

Particular  kinds  of  actions  in  equity,  see 
Accounting:  Creditors'  Bill;  In- 
junction; MoETGAGE,  VII;  Specific 
Performance. 

Effect  and  conclusiveness  of  decree  in,  see 
Judgments,  §  22. 

Equitable  assignment,  see  Assignments, 
§  8. 

Equitable  conversion,  see  Equitable  Con- 
version; Wills,  §§  116-118. 

Equitable  estoppel,  see  Estoppel,  III. 

Equitable  lien,  see  Liens,  §§  5-7. 

Equitable  limitations,  see  Limitation  of 
Actions,  §§  6-12. 

Equitable  mortgage,  see  Mortgage,  §  14. 

Equitable  remedy  in  aid  of  execution,  see 
Execution,  §  17. 

Equitable  set  off,  see  Set-Off  and  Counteb- 
CLAIM,   §§   10-12. 

Application  to  suits  in  equity  of  statute  or 
or<linance  requiring  notice  or  presen- 
tation of  claim  as  a  condition  of  mu- 
nicipal liability.     50  L.R.A. (N.S.)   186. 


I  EQUITY,  I.— cont'd 
I  §   2.  Federal  jurisdiction. 
Federal  jurisdiction  in  equity,  see  Courts, 

§  38. 

§   3.  Remedy  at  law. 

In    action    to    remove    cloud    on    title,    see 

Cloud  on  Title,  §  3. 
Injunction  in  case  of,  see  Injunction,  §  3. 

Jurisdiction  of  equity  to  cancel  instrument 
notwithstanding  remedy  at  law.  5 
L.R.A.  (N.S.)    1048. 

Effect  of  legal  remedy  to  defeat  equitable 
remedy  to  follow  trust  funds.  6  L.R.A. 
(N.S.)    793. 

Effect  of  adequate  remedy  at  law  in  relief 
from  mistake  of  law  as  to  effect  of 
instrument.    28  L.R.A. (N.S.)   912. 

Effect  of  remedy  at  law  on  equitable  juris- 
diction to  remove  cloud  on  title.  12 
L.R.A. (N.S.)    55. 

Jurisdiction  of  equity  to  try  claims  against 
its  receiver  which  involve  purely  legal 
questions.     13  L.R.A. (N.S.)    709. 

Relief  of  grantor  in  conveyance  in  considera- 
tion of  agreement  to  support,  which 
is  broken  by  grantee,  as  affected 
by  remedy  at  law.  43  L.R.A. 
(N.S.)   923. 

Right  to  have  void  judgment  reviewed  by 
appellate  court  as  affecting  right  to 
equitable  relief.    50  L.R.A.  (N.S.)   1055. 

Effect  of  remedy  at  law  on  jurisdiction  of 
action  for  specific  performance  of  con- 
tract for  sale  of  corporate  stock. 
L.R.A.   1915D,  300. 

]!]quitable  relief  from  divorce  where  remedv 
at  law  exists,    L.R.A.1917B,  422. 


§   1. 


Jurisdiction  and  powers. 
Generally. 


Jurisdiction  in  particular  cases,  see  Can- 
celation OF  Instruments;  Chari- 
ties; Cloud  on  Title,  §§  2,  3;  Cred- 
itor's Bill;  •  Discovery  and  Inspec- 
tion; Fraud  and  Deceit,  §§  36-41; 
Injunction;  Judgment,  §§  87-97; 
Mortgage,  VIIL;  Receivers;  Specific 
Performance. 

Jurisdiction  of  courts,  generally,  see 
Courts. 

Jurisdiction  as  affected  by  amount  in  dis- 
pute, see  Courts,  §  27. 

Jurisdiction  of  equity  as  affected  by  terri- 
torial limitations,  see  Court's,  IV. 

Jurisdiction  of  equity  over  suits  affecting 
real  property  in  another  state  or  coun- 
try, see  Courts,  §  21. 

Jurisdiction  of  bill  to  perpetuate  testimony, 
see  Deposition,  §  «2. 

Jurisdiction  of,  to  set  aside  judgment,  see 
Judgment,  VIII. 

Remedy  in  equity  for  wrongful  issuance  of 
license  for  sale  of  intoxicating  liquor. 
L.R.A.1915E,  408. 

Writ  of  error  coram  nobis  in  chancery  pro- 
ceedings.    L.R.A.1918A,  1178. 


Begin  with  this  hook  oji  cxery  lata  question 


§   4.  Multiplicity  of  suits. 

Injunction  to  prevent,  see  Injunction,  §  4. 

Jurisdiction  of  equity,  on  the  ground  of  pre- 
venting a  multiplicity  of  suits,  to  en- 
force liabilitv  of  members  of  a  club  or 
corporation.'  28  L.R.A. (N.S.)    743. 

Jurisdiction  of  equity,  upon  the  ground  of 
avoidance  of  multiplicity  of  suits,  to 
entertain  suit  for  possession  of  separ- 
ate parcels  of  land  held  adversely  by 
different  defendants  claiming  under  a 
common  source.     14  L.R.A. (N.S.)    239. 

Power  of  equity  to  take  jurisdiction  because 
of  multiplicity  of  actions  at  law  for 
personal  injuries  growing  out  of  a  sin- 
gle tort.  20  L.R.A. (N.S.)  848;  .35 
L.R.A. (N.S.)  491;  40  L.R.A. (N.S.)  464. 

Multiplicity  of  suits  as  ground  fbr  equitable 
relief  to  grantor  in  conveyance  in  con- 
sideration of  agreement  to  support, 
which  is  broken  by  the  grantee.  43 
L.R.A.(N.S.)    924. 

§  5.  Protection   of  personal  rights. 

The  general  rule.    37  L.R.A.  783. 

Rights  relating  to  physical  life.  37  L.R.A. 
784. 

Rights  relating  to  the  intellectual,  emotion- 
al, and  moral  life.     37  L.R.A.  784. 

Injunction  against  nonlibelous  publication 
affecting  personal  or  political  rights. 
L.R.A.1917A,  163. 


INDEX  TO  L.R.A.  ^OTES. 


475 


EQUITY,   I.— cont'd 

§  6.  Mistake  as  ground  of  equitable 
relief. 

Mistake  as  ground  for  relief  from  contract 

generally,  see  Contbacts,  §§  147,  148. 
As  to  mistake  generally,  see  Mistake. 

Mistake  as  to  law  of  another  state  or  coun- 
try as  one  of  law  or  of  fact.  46  L.R.A. 
(N.S.)   174. 

Equitable  relief  against  forfeiture  of  estate 
due  to.    69  L.R.A.  849. 

Mistake  in  computation  by  contractor  aa 
ground  for  relief.  10  L.R.A. (N.S.) 
114;  L.R.A.1917D,  745. 

Relief  from  mistake  of  law  as  to  effect  of 
instrument.     28  L.R.A. (N.S.)    785. 

§   7.  In  case  of  fraud. 

To  cancel  instrument  on  ground  of  fraud, 
see  infra,   §  15a. 

Denial  of  remedy  under  fraudulent  con- 
tract, see  CoNTKACTS,  §§  112-120. 

Equitable  relief  against  forfeiture  of  estate 
due  to  fraud.     69  L.R.A.  849. 

Jurisdiction  of  equity  to  relieve  from  fraud 
affecting  real  property  in  another  state 
or  country.     69  L.R.A.  686. 

Relief  in  equity  against  bona  fide  holder  of 
note  obtained  by  fraud.  36  L.R,A. 
465. 

Enforcing  rights  in  land  as  affected  by 
statute  of  frauds.     5  L.R.A.  (N.S.)   112. 

As  ground  for  enforcement  in  equity  of 
grantee's  oral  promise  to  grantor  to 
hold  in  trust.  39  L.R.A.  (N.g.)  911, 
923. 

Jurisdiction  of  equity  over  suits  by  cor- 
poration or  its  representative  to  hold 
directors  or  officers  liable  for  losses 
occasioned  by  their  fraud.  8  L.R.A. 
(N.S.)    738. 

Equity  jurisdiction  of  suit  by  trustee  in 
bankruptcy  to  recover  a  sum  of  money 
from  one  who  has  received  a  fraudulent 
transfer  or  unlawful  preference.  16 
L.R.A.  (N.S,.)     414. 

Right  to  affirmative  relief  in  equity  from 
contract  upon  the  ground  that  it  was 
procured  from  complainant  while  in- 
toxicated.    17  L.R.A.  (N.S.)   1066. 

Jurisdiction  of  equity  over  suits  by  a  cor- 
poration or  its  representative  to  hold 
the  directors  or  officers  liable  for  the 
losses  occasioned  by  their  fraud,  bad 
faith,  or  negligence.  8  L.R.A. (N.S.) 
739. 

Ignorance  or  carelessness  as  affecting  the 
right  to  equitable  relief  from  a  con- 
tract by  which  one  had  been  over- 
reached.    5  L.R.A. (N.S.)    799. 

Equitable  relief  on  ground  of  fraud  to 
grantor  in  conveyance  in  consider- 
ation of  agreement  to  support, 
which  is  broken  by  the  grantee. 
43  L.R.A.(N.S.)  924;  L.R.A.1917D, 
627. 

Inherent  jurisdiction  of  equity  at  instance 
of  stockholders  to  appoint  receiver  or 
wind  up  corporation  because  of  fraud 
of  its  officers.     L.R.A.1915A,  606. 

Consult  also  L.R.A.  Digests  of  Cases, 


EQUITY,   I.— cont'd 
§   8.  Duress. 

Relief  in  equity  against  contract  procured 
by  threat  to  prosecute  relative.  26 
L.R.A.  52;  20  L.R.A.(N.S.)  489;  L.R.A. 
1915D,  1118. 

§   9.  Trusts. 

Origin  and  nature  of  chancery  jurisdiction 
over  charities.  14  L.R.A. (N.S.)  55;  37 
L.R.A.  (N.S.)   994. 

Equitable  control  of  discretion  vested  in 
trustee.     8  L.R.A.  (N.S.)    398. 

Effect  of  legal  remedy  to  defeat  equitable 
jurisdiction  to  follow  trust  funds.  6 
L.R.A.(N.S.)   793. 

Jurisdiction  of  court  of  equity  to  award 
compensatory  damages  for  breach  of 
trust.    14  L.R.A.(N.S.)   900. 

Grounds  upon  which  equity  will  enforce 
grantee's  oral  promise  to  grantor  to 
hold  in  trust.     39  L.R.A. (N.S.)    910. 

Power  of  court  to  hasten  enjovment  of 
trust  fund.    46  L.R.A. (N.S.)   43. 

Trust  doctrine  as  ground  for  equitable  re- 
lief to  grantor  in  conveyance  in  con- 
sideration of  agreement  to  support, 
which  is  broken  by  grantee.  43  L.R.A. 
(N.S.)   926;  L.R.A.1917D,  627. 

Suit  in  equity  to  avoid  sale  by  executor  or 
administrator  to  himself.  L.R.A. 
1918B,  35. 

§   10.  Foreclosure  suits. 

Foreclosure  of  mortgage  upon  land  in  an- 
other state.     4  L.R.A.(N.S.)   986. 

Jurisdiction  to  order  forjeclosure  sale  of 
railroad  in  different  states.  32  L.R.A. 
208;  69  L.R.A.  682. 

Power  of  equity  in  jurisdiction  where  mort- 
gage does  not  convey  the  title,  to  im- 
pound rents  and  profits  of  mortgaged 
property  pending  foreclosure.  7  L.R.A. 
(N.S.)  1001. 

§   11.  Insurance  matters. 

Jurisdiction  of  equity  to  enforce  liability 
of  members  of  mutual  insurance  com- 
pany.    40  L.R.A.(N.S.)   781. 

Jurisdiction  to  adjust  losses  between  con- 
current insurance  polices  on  same  prop- 
erty.    32  L.R.A.(N.S.)    941. 

Right  to  maintain  single  suit  in  equity  to 
enforce  separate  liability  of  members 
of  an  insolvent  insurance  association. 
33  L.R.A.(N.S.)    1057. 

§    11a.  Matters  as  to  elections. 

Interference  by  equity  with  matters  pre- 
ceding election.  3  L.R.A.  (N.S.) 
382;  40  L.R.A. (N.S.)  576. 

§  12.  Divorce  cases;  annulment;  ali- 
mony. 

Inherent  power  of  equity  to  decree  alimony 
or  maintenance  independently  of  pro- 
ceedings for  divorce.  38  L.R.A. (N.S.) 
954. 


476 


INDEX  TO  L.R.A.  NOTES. 


EQUITY,   I.— cont'd 

Jurisdiction  of  equity  to  award  custody  of 
children  after  prayer  for  divorce  has 
been  withdrawn  or  dismissed.  35 
L.R.A.(N.S.)  1159;  L.R.A.1917D,  976. 

To  decree  nullity  of  marriage  or  its  disso- 
lution.    25  L.R.A.  800. 

Equitable  jurisdiction  to  enforce  a  foreign 
decree  for  alimony.  9  L.R.A.  (N.S.) 
1071. 

§   13.  In  case  of  wills. 

Right  of  court  to  control  discretion  vested 
by  will  in  one  person  to  determine 
whether  or  when  another  is  fit  to  re- 
ceive legacy  or  devise.  25  L.R.A. (N.S.) 
421. 

Will  court  determine  whether  condition  in 
devise  or  bequest  as  to  good  conduct 
or  character  of  beneficiary  has  been 
satisfied  where  that  duty  has  been  im- 
posed on  no  one  else.  25  L.R.A. (N.S.) 
424. 

Equity  jurisdiction  of  bills  for  the  con- 
struction of  wills  of  real  property 
passing  only  legal  estates.  15  L.R.A. 
(N.S.)   699. 

§   14.  Conspiracy. 

Right  of  party  to  a  conspiracy  to  the  aid 
of  equity  to  compel  a  corporation  to 
transfer  on  its  books  stock  required  in 
aid  of  such  conspiracy.  24  L.R.A. 
(N.S.)   108. 

§   15.  Cancelation  ol*  instruments. 

Cancelation  of  instruments  generally,  see 
Cancelation  of  Instruments, 

Cancelation  of  contracts,  see  Contracts, 
§§  149-156. 

Jurisdiction  of  equity,  notwithstanding 
remedy  at  law.     5  L.R.A. (N.S.)    1048. 

Jurisdiction  of  equity  of  suit  to  cancel  void 
mortgage  on  realty  in  other  state  or 
country.     69  L.R.A.  682. 

Right  to  cancelation  of  contract  made  with 
foreign  corporation  because  it  has  not 
complied  with  the  laws  entitling  it  to 
do  business  within  the  state.  21  L.R.A. 
_(N.S.)   707. 

BIquity  jurisdiction  to  cancel  oil  or  gas 
lease  for  failure  to  develop  the 
leased  premises.  34  L.R.A. (N.S.) 
34. 

Jurisdiction  to  cancel  license  for  sale  of  in- 
toxicating liquor  wrongfully  issued. 
L.R.A.1915E,  408. 

§   15a.  —for  fraud. 

Jurisdiction  of  equity  to  cancel  instrument 
on  ground  of.     5  L.R.A. (N.S.)    1036. 

Jurisdiction  of  equity  to  cancel  instrument 
notwithstanding  remedy  at  law.  5 
L.R.A.  (N.S.)    1048. 

Power  of  equity  to  cancel  false  record.  14 
L.R.A.(N.S.)    304. 

Power  of  equity  to  take  jurisdiction  of  suit 
to  cancel  insurance  policy  for  fraud, 
and  to  enjoin  action  at  law  on  the 
policy.  12  L.R.A. (N.S.)  881;  48  L.R.A. 
(N.S.)   265. 


Begin  with  this  hooTc  on  every  law  question 


EQUITY,   I.— cont'd 

Equity  jurisdiction  to  cancel  oil  or  gas 
lease  for  fraud  of  lessee  in  refusing  to 
protect  against  adjoining  wells.  34 
L.R.A.  (N.S.)    40. 

§16.  Reformation  of  instruments. 

Reformation  of  instruments  generally,  see 
Reformation  of  Instruments. 

§17.  Actions  by  or  against  heirs. 

Remedy  in,  against  heirs  for  obligations  of 
ancestor.  21  L.R.A.  91;  L.R.A.1916A, 
1189. 

Remedy  of  pretermitted  heirs  by  proceed- 
ings in  equity.     37  L.R.A.  (iJ.S.)    1146. 

§  18.  Equitable  relief  against  forfei- 
ture of  estate. 

General  rules.     69  L.R.A.  833. 
Conditions  precedent.     69  L.R.A.  836. 
Forfeiture  will  be  relieved  when  compensa- 
tion can  be  made.     69  L.R.A.  839. 
Fraud,  accident,  mistake.     69  L.R.A.  849. 
Effect    of    conduct    of    obligee.      69    L.R.A. 

851. 
Collateral  covenants.     69  L.R.A.  853. 
Conditions    against    marriage.      69    L.R.A, 

858 
After   forfeiture  declared.     69   L.R.A.   865, 
Statutory  forfeiture.     69  L.R.A.   866. 
Statutory  jurisdiction.     69  L.R.A.  866. 

§    19.  Over  corporations. 

Equitable  relief  against  corporation  for  un- 
authorized transfer  of  stock  on  its 
books,     45  L,R.A.(N.S.)    1080. 

Jurisdiction  to  enforce  liability  or  unpaid 
subscriptions  to  stock  of  a  corporation. 
46  L.R.A. (N.S.)  440. 

Jurisdiction  of  equity  on  ground  of  pre- 
venting multiplicity  of  suits  to  enforce 
liability  of  stockholders.  28  L.R.A. 
(N.S.)   743. 

Inherent  jurisdiction  of  equity  independe"t- 
ly  of  statute  at  the  instance  of  stock- 
holders to  appoint  a  rfeceiver  or  wind 
up  a  corporation  because  of  mismanage- 
ment or  fraud  of  its  oflBcers.  L.R.A. 
1915A,  60G. 

Right  of  creditor,  who  is  also  a  stockholder 
of  an  insolvent  corporation,  to  invoke 
aid  of  equity  as  affected  by  his  own 
statutory  liability.  41  L.R.A.(N.S.) 
986. 

Suit  in  equity  by  creditors  of  corporation 
for  negligence  or  other  breach  of  duty 
owed  primarily  to  the  corporation.  45 
L.R.A.(N.S.)   422. 

Power  to  appoint  receiver  for  foreign  cor- 
poration for  which  no  domiciliary  re- 
ceiver has  been  appointed.  L.R.A. 
1917D,  295. 

§20.  Fixing  public  service  rates. 

Power  of  equity  courts  to  fix  rate  to  be 
charged  by  public  service  corporation. 
8  L.R.A.(N.S.)    529. 

Power  of  equity  to  regulate  charges  of  pub- 
lic warehousemen.  24  L,R,A.  (N.S.) 
399. 


INDEX  TO  L.E.A.  NOTES. 


477 


EQUITY,  I.— cont'd 

§   21.  Miscellaneous  matters. 

Questioning-  validity  of  attachment  by  bill 
in  equity.     35  L.R.A.  771. 

To  protect  rights  of  ferryman.  59  L.R.A. 
552;   L.R.A.  1916D,  835. 

Power  of  court  of  equity  to  permit  per- 
sonal representative,  testamentary 
trustee,  or  guardian  to  carry  on  busi- 
ness in  behalf  of  estate.  40  L.R.A. 
(N.S.)   210. 

Jurisdiction  of  equity  when  the  only  relief 
sought  is  an  injunction  or  receiver 
to  preserve  status  quo.  pendinfr 
action  or  proceedings  before  other 
tribunal.     38   L.R.A. (N.S.)    228 

Right  of  creditor  of  taxing  district  to  io 
yoke  aid  of  court  to  obtain  satisfac- 
tion of  debt  where  ordinary  remedies 
not  available.      32   L.R.A.  (N.S.)    1020. 

Equitable  remedies  available  to  one  whose 
property  has  been  taken  for  public 
use  without  his  consent  and  without 
condemnation  proceedings.  28  L.R.A. 
(N.S.)   973. 

Remedy  by  proceedings  in  equity,  where 
debts  have  been  assumed  on  dissolu- 
tion of  partnership.  9  L.R.A.  (N.S.) 
115. 

Remedies  of  master  against  servant  in  re- 
.spect  of  products  of  servant's  labor. 
5   L.R.A.(N.S.)    1172. 

Inherent  power  to  devest  estates  of  persons 
not  in  being.     8  L.R.A.{N.S.)    61. 

Equitable  remedy  to  subject  choses  in  ac- 
tion to  judgment  after  return  of  no 
property  found.  63  L.R.A.  673;  15 
L.R.A.  (N.S.)    976. 

Equitable  relief  where  form  of  execution  of 
instrument  by  attorney  in  fact  or 
agent  is  defective.  41  L.R.A. (N.S.) 
826. 

Equitable  remedy  of  creditors  where  sale 
is  made  in  violation  of  bulk  sales  law. 
39  L.R.A.(N.S.)  374;  L.R.A.1916B,  976. 

Equitable  cognizance  of  accounts  as  compli- 
cated.    39  L.R.A. (N.S.)    49. 

Jurisdiction  of  courts  of  equity  to  entertain 
bill  to  perpetuate  testimony.  25  L.R.A. 
(N.S.)   673. 

Arbitration  agreements  in  courts  of  equity. 
47  L.R.A.(N.S.)   364. 

Equity  jurisdiction  of  suit  against  tax  col- 
lector who  is  in  default.  43  L.R.A. 
(N.S.)   604. 

Equitable  relief  to  grantor  in  conveyance 
in  consideration  of  agreement  to  sup- 
port, which  is  broken  by  grantee,  when 
no  ground  is  stated.  43  L.R.A. (N.S.) 
927:  L.R.A.1917D,  627. 

Power  of.  to  relieve  member  of  labor  union 
from  unlawful  fine  or  suspension.  45 
L.R.A.(N.S.)   353. 

Jurisdiction,  as  between  equity  and  law 
courts,  of  suits  or  actions  on  lost  ne- 
gotiable instruments.  48  L.R.A. (N.S.) 
648. 

//.   Rules;   principles ;   maxims. 

§22.  Generally. 

Refusal  to  enforce  illegal  or  immoral   con- 
tract, see  Contracts,  §§  112-120. 
Consult  also  L.R.A.  Digests  of  Cases. 


EQUITY.  II.— cont'd 
Equitable  liens,  see  Liens,  §§  5-7. 
As    to   equitable    set-oflF,    see    Set-Off    and 
Counterclaim,  g§  10-12. 

Suspension  of  operation  of  Statute  of  Limi- 
tations as  incident  to  grant  or  denial 
of  equitable  relief.     L.R.A.1918C,   123. 

Ignorance  or  carelessness  as  affecting  right 
to  equitable  relief  from  contract  by 
which  one  has  been  overreached.  5 
L.R.A.(N.S.)   799. 

Right  of  party  to  antenuptial  marriage 
settlement  who  is  in  default  to  enforce 
covenants  of  other  party.  26  L.R.A. 
(N.S.)   858. 

Relief  from  divorce  decree  where  seeker  of 
relief  has  been  at  fault  or  negligent. 
L.E.A.1917B,  424. 

Whether  equitable  title  will  support  eject- 
ment.    18  L.R.A.  781. 

Conclusiveness  of  probate  in  action  in 
equity.     21  L.R.A.  686. 

Equitable  defense  as  ground  for  injunction 
against  judgment  against  surety.  31 
L.R.A.   64. 

Maxim  that  one  must  come  into  equity  with 
clean  hands  as  affecting  one  who 
has  violated  or  induced  another  to 
violate  an  invalid  or  unenforceable 
contract.     L.R.A.1915A,    820. 

Reimbursement  of  taxes  paid  by  purchaser 
as  condition  of  equitable  relief  against 
invalid  tax  title.     L.R.A.1915C,  492. 

III.  Practice. 

§  23.  Generally. 

As  to  conditions  precedent  to  equitable  rem- 
edy of  creditors,  see  Cheditobs'  Bill, 
§  2. 

Right  to  jury  trial  in  equity  case,  see  Jury, 
§  6. 

Exclusiveness  of  particular  statutory  meth- 
od for  revival  of  action  in.  33  L.R.A. 
(N.S.)   578. 

Right  of  insane  person  to  institute  pro- 
ceedings by  next  friend  in.  64  L.R.A. 
530. 

Right  to  plead  inconsistent  defenses  in.  48 
L.R.A.  177. 

May  original  petition  in  equity  which 
states  no  cause  of  action  be  aided  by 
supplemental  pleading.  L.R.A. 1816D, 
679. 

Joinder  of  successive  owners  of  property  in 
suit  in  equity  for  nuisance  maintained 
thereon.     46  L.R.A. (N.S.)   1188. 

Joinder  of  parties  in  suit  in  equity  with  al- 
ternative allegations  as  to  liability.  51 
L.R.A.(N.S.)   640. 

Constitutional  right  to  trial  by  jury  in 
equitable  case  on  account  of  demand 
for  damages.     15  L.R.A.  287. 

Right  to  accept  favorable  part  of  decree  and 
appeal  from  the  rest.  29  L.R.A.  (N.S.) 
1. 

Permitting  chancery  to  set  aside  a  verdict 
upon  an  issue  directed  by  it  to  a  law 
court,  as  an  unconstitutional  infringe 
ment  upon  the  powers  of  the  latter. 
8  L.R.A. (N.S.)   866. 


478 


INDEX  TO  L.R.A.  NOTES. 


EQUITY,  III.— cont'd 

Admissibility   in   evidence   in,   of   copies   of 

records  of  other  states.    5  L.R.A. (N.S.) 

048. 
Binding  effect  of  decisions  of   state  courts 

respecting  statute  of  limitations  upon 

Federal   courts  in  suits  in  equity.     40 

L.R.A.(N.S.)    423,  448. 

§  24.  Relief   obtainable   on    failure   to 
establish  equitable  jurisdiction. 

Right,  upon  failure  to  establish  ground  of 
equitable  jurisdiction,  to  obtain  in 
a  suit  in  equity  relief  that  might 
be  obtained  at  law.  19  L.R.A. 
(N.S.)   1064. 


EQUITY  OF  REDEMPTION. 

See  MOBTGAGE. 


ERASURES. 


Of  name  from  official  ballot.  47  L.R.A. 
839. 

As  affecting  admissibility  of  books  of  ac- 
count in  evidence.    52  L.R.A.  574. 

Burden  of  explaining  erasure  appearing  on 
face  of  will.     17  L.R.A. (N.S.)    184. 

As  reason  for  omitting  part  of  will  from 
probate.     34  L.R.A. (N.S.)   975. 

On  negotiable  paper  as  putting  purchaser 
on  inquiry.  29  L.R.A.(N.S.)  376; 
L.R.A.1918F,  1155. 

Alteration  of  instrument  by  erasure  of  ma- 
terial provision  thereof  without  sub- 
stituting new  matter.  32  L.R.A.  (N.S.) 
519. 


ERECTION. 


Of  public  building,  see  Pxjblio  Buildings, 
§§  3,  4. 


♦-»♦ 

EROSION. 

See  Watebs,  §  43. 

♦•»    - 


ERRONEOUS  THEORY. 

Trial  under  erroneous  theory  as  to  crime 
charged  as  former  ieopardy.  24  L.R.A. 
(N.S.)   481. 

♦*-♦ 


ERROR. 


ERROR  OF  JUDGMENT. 

Personal  liability  of  highway  officers  in 
case  of.  22  L.R.A.  826;  52  L.R.A. 
(N.S.)   145. 


ERYSIPEIiAS. 


As  element  of  damage  for  negligent  injury. 
48  L.R.A. (N.S.)   99. 


ESCAPE. 

g   1.  Generally. 

Liability  for  damage  by  escaping  water,  see 

Negligence,  §  29a. 
Of  slaves,  see  Slaves,  §  3. 

Evidence  of  crime  committed  in  attempting 
to  escape  after  commission  of  crime 
charged.     62  L.R.A.  338. 

Right  of  peace  officer  to  enter  dwelling  to 
recapture  escaping  prisoner.  16  L.R.A. 
501. 

Liability  of  county  for.     39  L.R.A.  60. 

Effect  of  escape  on  appeal  from  conviction. 
26   L.R.A. (N.S.)    921. 

Effect  of  escape  of  prisoner  during  trial  or 
during  a  recess  therein  on  liability  of 
sureties  on  bail  bond.  L.R.A.1916F, 
.364. 

Evidence  of,  to  show  motive  for  crime.  62 
L.R.A.  211. 

Admissibility  of  evidence  of  defendant's 
voluntary  surrender  or  refusal  to  em- 
brace an  opportunitv  to  escape.  20 
L.R.A. (N.S.)    409. 

Constitutionality  of  statute  punishing  es- 
cape by  reimprisonment  for  term  de- 
pendent upon  length  of  original  term. 
22  L.R.A.(N.S.)    1123. 

Necessity  of  arrest  to  prevent,  as  condition 
of  right  to  make  arrest  without  a  war- 
rant.    2  L.R.A. (N.S.)    730. 

g   2.  Justification  of  prison  breach. 

See  Jails  and  Prisons,  §  6. 

§  3.  Homicide  In  preventing  or  at- 
tempting. 

Homicide  to  prevent.     67  L.R.A.  302. 
Homicide   while   attempting   to   make.     66 

L.R.A.  378,  380. 
Homicide    in    carrying    out    conspiracy    to 

effect.     68  L.R.A.  209. 
Criminal    responsibility    for    homicide    in 

carrying  out  unlawful  conspiracy  for. 

68  L.R.A,  199. 


ESCHEAT. 


Soe  Appeal  and  Error;  Coram  Nobis. 

Benin  tcith  thtH  hooh'  on  every  law  question 


Right  of  state  to  contest  will  so  as  to  es- 
cheat the  property.  2  L.R.A. (N.S.) 
643. 

Termination  of  right  to  declare  escheat  by 
death  of  alien  or  transfer  in  his  life- 
time.    9   L.R.A. (N.S.)    186. 


INDEX  TO  L.R.A.  NOTES. 


479 


ESCROW. 

§    1.  Generally. 

As  to  delivery  of  deed  to  third  person,  gen- 
erally, see  Deeds,  §  8. 

Liability  of  depositary  for  wrongful  delivery 
of  escrow.     L.R.A.1917E,  907. 

Necessity  of  strict  compliance  with  con- 
ditions.    L.R.A.1916A,  502. 

l^fTect  upon  escrow,  of  the  imposition  of 
conditions  in  violation  of  vendor's  con- 
tract.   11  L.R.A.(N.S.)  1183. 

Proof  of  escrow  agreement  by  parol.  18 
L.R.A.(N.S.)    337. 

Delivery  of  deed  to  third  person  to  be  de- 
livered to  grantee  after  grantor's  death 
and  performance  of  conditions  by  gran- 
tee.    9  L.R.A.(N.S.)   317. 

Deed  delivered  in  escrow  as  satisfying 
statute  of  frauds.    43  L.R.A.(N.S.)  390. 

§    2.  Effect. 

Effect  of  delivery  in  escrow  as  to  bona  fide 
purchaser  from  grantee  who  has  wrong- 
fully obtained  and  recorded  the  deed. 
17  L.R.A.  511. 

Delivery  of  deed  in,  as  cliange  of  title  or 
interest.     38  L.R.A.  (N.S.)    142. 

Kflfect  of  deed  delivered  in  escrow  as  further 
security  for  mortgage  debt.  2  L.R.A, 
(N.S.) "628;  L.R.A.1915B,  492. 

J".fl'ert  of  dolivcry  in  escrow  of  bond  un- 
signed hv  principal  obligor.  12  L.R.A. 
(N.S.)     1120. 

Deposit  of  deed  in  escrow,  to  be  delivered  to 
mortg;;gee  on  default,  as  clog  on  equity 
cf  redemption.     6  B.  R.  C.  436. 


ESPIONAGE  ACT. 


Exclusion  of  seditious  matter  from  the 
mails  under  the  Espionage  Act.  L.R.A. 
1918C,  89. 

Decisions  under  the  Espionage  Act  of  June 
15,  1917.     L.R.A.1918F,  410. 


ESSENTIAL   OILS. 

Sufficiency    of   delivery   of,   on    sale   out   of 
larger  lot.    26  L.R.A, (N.S.)  37. 


ESTABLISHMENT. 

Of  highway,  see  Highways,  IIL 


ESTATE. 

In  real  property  generally,  see  Cotenancy; 
Curtesy;  Deeds,  §§  28-31;  Doweu; 
Husband  and  Wife,  §  27;  Life  Ten- 
ants; Real  Property,  §  3;  Wills, 
§§   77-102. 

Created  by  dedication,  see  Dedication,  §  5, 

Estate  created  by  deed,  see  Deed,  §§  28-31. 

Caiistill  nlxo  L.R.A.  Difjests  of  Cases. 


ESTATE— cont'd 

Estate  created  by  will,  see  Wills,  §§  77- 
102. 

Of  decedent,  see  Descent  and  Distribu- 
tion; Executors  and  Administrators. 

In  property  mortgaged,  see  Mortgage,  §  27. 

Devestiture  of  estates  of  persons  not  in  be- 
ing, see  AFTE2J-B0RN  Children,  §  2. 

Constitutionality  of  devestiture  of,  see 
Constitutional  Law,  §  54a. 

Recovery  of  costs  out  of  estate,  see  Costs 
and  Fees,  §  4. 

Equitable  jurisdiction  against  forfeiture 
of,  see  Equity,  §  18. 

Distinguished  from  title.     15  L.R.A,  68. 
Character  of  estate  in  burial  lot.    67  L.R.A. 

118;  L.R.A.1918A,  147. 
Construction  of  decree  for  alimony  in  real 

property  as  regards  the  nature  of  the 

estate  provided  for.     L.R.A.1918B,  868. 
Relationship  of  owners  of  different  floors  of 

building.     3  L.R.A. (N.S.)   510. 
Estates  in   remainder  as   assets  which  will 

pass  to  the  trustee  in  bankruptcy.     47 

L.R.A.(N.S.)   284. 


ESTATE  DUTY. 

See  Taxes,  VI. 


ESTATES    TAIL. 


In  general,  see  Deeds,  §  30. 

Effect  of  confiscation  of  an  estate  tail  for 
treason  on  rights  of  innocent  re- 
mainderman.    L.R.A.1916E,  345. 


ESTHETICS. 


Constitutionality  of  statute  as  to,  see  Con- 
stitutional Lavt,  §  89. 

Exercise  of  police  power  for  purposes  of. 
34  L.R.A.(N.S.)  998;  L.R.A,1917A, 
1220. 

Measure  of  damages  for  injury  to,  or  de- 
struction of,  trees  or  shrubbery  not 
valuable  for  their  timber  or  firewood. 
11  L.R.A.(N.S.)  930;  28  L.R.A.(N.S.) 
757;  37  L.R.A. (N.S.)   1115. 


ESTIMATE. 


Garnishment  of  claims  subject  to.  59  L.R.A. 

365. 
Right  of  Avitness  to  express  opinion  as  to. 

L.R.A.1918A,  68L 


ESTOPPEL. 


/.  Of  state  or  puhlic  corporation  gen- 
erally,   §§    1,   2.  . 
II.  By  deed  or  bond,  §§  3-5. 


480 


INDEX  TO  L.R.A.  NOTES. 


ESTOPPEL— cont'd 

///.  Equitable   estoppel    or   estoppel    in 
pais,    §§    6-.J0. 

a.  tn  {,i'neral,   §§   O,  7. 

b.  Of  married  women,  §  S. 

c.  As  to  corporate  existence  or 

powers,  §§  9,  lO. 

d.  By  contracts  or  agreements 

yenerally;    ratification,     §§ 
11,  12.  ' 

e.  By    conduct    or    admissions 

generally;  consent,  §§  13- 
17. 

f.  By  laches,  silence,  or  acqui- 

escence,  §§    lS-26. 

1.  In  general,  §§  18-20. 

2.  As  to  real  property,   §§ 

21-26. 

g.  By     negligence,     fraud,     or 

misrepresentations,   §§  27- 

29. 
h.  By     inconsistency     in     acts, 

claims,  etc.,  §§  30,  31. 
i.  By  receiving  benefits,  §§  32, 

38. 
j.  By  character  or  relation   of 

parties,  §§  34-37. 
Te.  Who  may  set  up,  §  38. 
I.  Effect  of  estoppel,  §  39. 

By  judgment,  see  Judgment,  III. 


/.  Of  state  or  public  corporation  gen- 
erally. 

§   1.  Generally. 

As  to  assertion  of  governmental  power  over 

certain  territory.     18  L.R.A.  178. 
Nonuser  of  highway  as  estoppel  of  public 
to  claim  title  to.    26  L.R.A.  469. 

Estoppel  of  taxing  power  to  tax  land  by 
wrongful  claim  of  ownership.  14 
L.R.A.(N.S.)    1074. 

Estoppel  of  state  because  of  laches,  to  at- 
tack municipal  charter.  13  L.R.A. 
(N.S.)    533. 

Effect  of  laches  on  state's  right  to  oust  cor- 
poration of  its  franchises.  14  L.R.A. 
(N.S.)    336. 

Assessment  of  property  as  estopping  mu- 
nicipality from  claiming  its  dedication 
and  acceptance  for  public  use.  L.R.A. 
191  OB,  1179. 

Estoppel    of   municipality   to    open    or   use 
street.      46    L.R.A. (N.S.)  1211. 

Estoppel  of  municipality  to  compel  removal 
of  spur  track,  turnout,  or  switch  from 
street  or  highway,    L.R.A.1918B,  482. 

Estoppel  to  question  right  to  transfer  or 
mortgage  privilege  to  use  streets  for 
telegraph,  telephone  or  other  quasi  pub- 
lic purpose.    L.R.A.1917D,  711. 

To  denv  liabilitv  for  water  furnished.  61 
L.R.A.  71. 

To  question  validity  of  an  order  or  license 
under  which  a  business  is  being  con- 
ducted.    21  L.R.A.  (N.S.)    299. 

To  cut  off  access  to  navigable  water  by 
owner  of  upland.     40  L.R.A.  605. 


ESTOPPEL,  I.— cont'd 

By  decision  of  engineer  or  other  empowered 
officer  as  to  matters  concerning  con- 
tracts for  public  improvements.  23 
L.R.A.(N.S.)    317. 

Effect  of  improvements  by  abutting  owner 
with  reference  to  what  is  erroneously 
supposed  to  be  the  street  boundary 
line,  to  estop  the  municipality  from  as- 
serting the  true  line.  7  L.R.A. (N.S.) 
243. 

Effect  of  acquiescence  or  consent  by  a 
town  or  municipality  to  construction 
or  use  of  a  railroad  in  street  or  high- 
way to  estop  it  from  objecting  thereto. 
7    L.R.A. (N.S.)    1187. 

Encroachment  on  public  street  or  alley 
by  occupier  of  abutting  property  for 
storage  or  similar  purposes,  as  basis 
of  estoppel.     36  L.R.A.(N.S.)    1057. 

§  2.  By  bond. 

Estoppel  of  public  corporation  to  deny 
validity  of  bonds.  L.R.A.1915A, 
916. 

§  2  a.  By  contract. 

Estoppel  of  public  corporation  to  deny  va- 
lidity   of    contract.      L.R.A.1915A, 
990. 
Distinction  between  estoppel  of  public  cor- 
poration to  deny  validity  of   contract 
and    ratification    of    invalid    contract. 
L.R.A.1915A,  1024. 


Begin  with  this  booh'  on  every  laic  question. 


II.  By  deed  or  bond. 

§  3.  Generally. 

Estoppel  by  bond,  of  state  or  public  corpo- 
ration generally,  see  supra,  §  2. 

By  permitting  title  to  real  property  to 
stand  in  name  of  another,  see  infra, 
§  26. 

Right  of  purchaser  of  land  subject  to  mort- 
gage to  question  validitv  of  the  mort- 
gage.   L.R.A.1917C,  832. 

By  deed  or  covenant.     22  L.R.A.  779. 

By  deed  in  partition.     57   L.R.A.   337. 

Right  of  grantee  to  claim  estoppel  as 
against  the  grantor  by  a  call  in  the 
deed  for  a  street  or  alley  in  which  tho 
grantor  owns  the  fee.  14  L.R.A. (N.S.) 
878. 

Effect  of  warranty  deed  to  prevent  grantor 
from  asserting  title  by  adverse  posses- 
sion subsequently  initiated  as  against 
his  grantee  or  his  privies.  25  L.R.A. 
(N.S.)   129. 

Estoppel  of  one  who  executes  a  deed  as 
executor  or  administrator  to  set  up  ex- 
isting title  in  himself.  21  L.R.A. 
(N.S.)   60. 

Effect  of  one  spouse  joining  in  tlie  execu- 
tion of  the  other's  deed  or  mortgage  to 
convev  the  former's  separate  property 
inchuied  therein.  28  L.R.A. (N.S.)  280. 
Estoppel  by  giving  forthcoming  bond  to 
question  legalitv  of  levv  under  an 
execution.     51  L.R.A.  (N.S.)   G.35. 


INDEX  TO  L.R.A.  NOTES. 


481 


ESTOPPEL,  II.— cont'd 

Effect  of  bond  or  receipt  given  to  secure 
surrender  of  property  by  officer  who 
has  seized  it  under  process  as  an  es- 
toppel after  property  lias  been  returned 
to  officer.     L.R.A.1916F,  942. 

Esttoppel  to  complain  of  insertions  of  unau- 
tliorized  provisions  in  bond.  L.R.A. 
1917B,  1001. 

Estoppel  to  deny  liability  on  bond  executed 
under  unconstitutional  statute.  L.R.A. 
1918C,  834. 

§   4.  Deeds  of  married  women. 

Effect  of  covenants  of  married  women  and 
their    estoppt^l    bv    deed    or    mort- 
gage.    22  L.R.A.>79. 
■Of  wife  to  deny  the  validity  of  encumbrance 

of  entirety  property  to  secure  debt  of 

husband.     66  L.R.A.  636. 
Effect  of   wife's   joining   in  husband's   deed 

or    mortgage    to    convey    her    separate 

property    included   therein.     28   L.R.A. 

(N.S.)   289. 

§   5.  x'Vs  to  after- acquired  title. 

Effect  of  quitclaim  deed,  see  Quitclaim 
Deed,  §  4. 


By  partition  deed.     57  L.R.A.   337. 

Effect  of  covenant  of  married  woman  as  an 
estoppel  against  acquiring  superior 
title.     22   L.R.A.   779. 

Doctrine  of  estoppel  as  affecting  notice  by 
record  of  deed  before  grantor  has  title. 
23  L.R.A.  561. 

Validity  of  agreement  to  transfer  after-ac- 
quired title  in  consideration  of  main- 
tenance.    70  L.R.A.  485. 

Effect  of  covenants  to  carry  title  to  a  fu- 
ture or  subsequently  acquired  interest 
of  the  grantor,  where  he  had  a  present 
interest  which  passed  by  the  deed.  13 
L.R.A.  (N.S.)    1003. 

Effect  of  warranty  deed  to  prevent  grantor 
from  asserting  title  by  adverse  posses- 
sion subsequently  initiated,  as  against 
his  grantee  or  privies.  25  L.R.A. 
(N.S.)    129. 

Effect  of  quitclaim  deed  upon  after-ac- 
quired title.     35  L.R.A. (N.S.)    1182. 

Right  of  grantor  of  mining  claim  to  relo- 
cate same  for  his  own  benefit.  50 
L.R.A.  186. 

Estoppel  of  one  who  executes  deed  as  execu- 
tor or  administrator  to  set  up  an 
existing  title  in  himself.  21  L.R.A. 
(N.S.)    60. 

Right  of  one  receiving  advancement  and 
executing  release  of  interest  in  estate 
to  share  in  after-acquired  property. 
65  L.R.A.  578. 

Of  heir  to  claim  interest  in  expectancy 
from   ancestor.      32   L.R.A.   597. 

Doctrine  of,  as  applied  to  sale  of  expect- 
ancy bv  prospective  heir.  33  L.R.A. 
273,  281. 

As  means  of  giving  effect  to  sales  of  ex- 
pectancy.     25   L.R.A.  (N.S.)    438. 

Consult  also  L.R.A.  Digests  of  Cases.    31 


ESTOPPEL— cont'd 

III.  Equitable  estoppel  or  estoppel  in 
pais. 

a.  In  general. 

§   6.  Generally. 

Of  state  or  other  public  corporation,  see  su- 
pra, I. 

Of  insurance,  see  Iksueance,  VII.  b. 

Of  insured,  see  InsurAxNce,  §§  130,  131. 

To  plead  statute  of  limitations,  see  Limita- 
tion OF  Actions,  §  2. 

Proof  of  estoppel  under  general  denial  or 
a  plea  of  the  general  issue  in  action  of 
ejectment.     L.R.A.1918F,  257. 

Doctrine  of,  to  create  exception  to  statute. 
25    L.R.A.   573. 

Estoppel  to  profit  by  one's  own  wrong.  5 
L.R.A.  693;*  25  L.R.A.  573. 

By     wording     of     warehouse     receipt.       19 
L.R.A.  302. 

By  entries  in  books  of  account.  53  L.R.A. 
534. 

Of  one  who  issues  or  indorses  check  or  bill 
to  impostor.     50  L.R.A.  83. 

To  claim  set-off.     23  L.R.A.  309. 

To  deny  liability  of  partnership  for  tort. 
51   L.R.A.   491. 

To  assert  condition  against  bond  taking 
effect  until  signed  by  others.  45 
L.R.A.  329. 

By  accord  and  satisfaction  to  set  up  claim 
against  state.     42   L.R.A.   39. 

To  assert  carrier's  liability  for  misdelivery. 
37  L.R.A.  179. 

Effect  of  purchaser's  knowledge  of  encum- 
brance in  action  for  breach  of  cove- 
nant.     32    L.R.A. (N.S.)    737. 

Right  of  one  spouse  living  apart  from  the 
other  to  claim  community  rights  in 
property  as  against  persons  ignorant 
of   relationship.     29   L.R.A. (N.S.)    468. 

Estoppel  to  introduce  parol  evidence  that 
written  instrument  importing  absolute 
transfer  of  title  was  intended  to  oper- 
ate as  a  mortgage.     L.R.A. 1916B,  599. 

Mistake  in  statement  of  commodity  fur- 
nished as  affecting  the  right  to  recover 
for  a  larger  amount  actually  furnished. 
L.R.A.1915B,  711. 

Assessment  or  nonassessment  of  property 
to  raise  estoppel  against  claiming  or 
denying  its  dedication  for  public  use. 
L.R.A.i916B,   1179. 

Estoppel  of  minor  to  acquire  outstanding 
title  as  against  the  purchaser  at  his 
guardian's  sale.     L.R.A. 1915E,  836. 

Estoppel  of  husband  to  deny  liability  for 
necessaries  furnished  wife  while  living 
with  him.     47  L.R.A. (N.S.)   282. 

Estoppel  of  cotenants  to  dispute  title  of 
grantee  in  conveyance  by  one  cocenant 
of  parcel  in  severalty.  47  L.R.A. 
(N.S.)    580. 

Estoppel  of  purchaser  at  execution  sale  to 
set  up  outstanding  title  against  his  re- 
demptioner  without  returning  tlie  re- 
demption money.    48  L.R.A. (N.S.)  481. 

Of  beneficiary  to  hold  trustee  personally 
liable  for  losses  to  trust  estate  from 
investments.     44  L.R.A. (N.S.)   980. 


482 


INDEX  TO  L.R.A.  NOTES. 


ESTOPPEL,  III.  a— cont'd 

liatoppel  of  one  seeking  to  hold  notary  or 
other  ofTicer  liable  for  fault  or  mistake 
in  certifying  to  acknowledgment  or  afli- 
davit.     49  L.R.A.(N.S.)   54. 

Estoppel  of  borrower  to  complain  of  usury 
because  of  his  connection  with  the  lend- 
er.    49  L.R.A.(N.S.)    1044. 

To  assert  forfeiture  or  penalty  under  con- 
tract providing  therefor.  50  L.R.A. 
(N.S.)  897. 

Actions  or  suits  in  which  equitable  estoppel 
involving  title  or  interest  in  real 
property  is  available.  49  L.R.A. 
(N.S.)   775. 

Right  of  purchaser  of  land  subject  to  mort- 
gage to  question  validity  of  the  mort- 
gage.   L.R.A.1917C,  832. 

§   7.  As  to  taxes  and  assessments. 

Estoppel  by  laches  or  silence,  see  infra, 
§    19. 

To  complain  of  illegal  tax.     22  L.R.A.  708. 
To  contest  assessment  for  sewer.    60  L.R.A. 

247. 
To  assert  defect  in  work  as  defense  to  an 
assessment  for  local  improvements.     56 
L.R.A.  915. 
To  assert  priority  over  lien  of  local  assess- 
ment.    30  L.R.A.(N.S.)    769. 
Estoppel   to  attack  assessment  for   special 
benefits     upon    the     ground     that 
property     is     not     benefited.       36 
L.R.A.(N.S.)   39. 
Estoppel   of   taxing   power   to  tax   land   by 
wrongful   claim  of  ownership.     14 
L.R.A.(N.S.)    1074. 
Estoppel  to  claim  lack  of  notice  of  tax  pro- 
ceedings.    L.R.A.1916E,  34. 

§  7a.  Knowledge  or  reliance  of  other 
party. 

Estoppel  against  assertion  of  title  or  inter- 
est in  real  property  by  concealing 
the  same  or  representing  it  to  be 
in  another  as  affected  by  knowledge 
or  ignorance  of  person  claiming 
estoppel.    48  L.R.A.(N.S.)   766. 

§   7c.  Change  of  position. 

Bringing  suit  or  other  legal  proceeding  as 
change  of  position  within  law  of 
estoppel.    52  L.R. A.  (N.S.)  1185. 

I>.  Of  married  women. 

S  8.  Generally. 

By  deed,  see  supra,  §  4. 

Applicability    of   doctrine    of   equitable   es- 
toppel to  married  women,  independ- 
ently   of    contract.      L.R.A.1916C, 
240. 
By    conduct    during   husband's    lifetime   to 

claim    dower.      3    L.R.A. (N.S.)    971. 
Estoppel  of  wife  living  apart  from  husband 
to  claim  homestead  or  dower  as  against 
purchaser  ignorant  of  the  relationship. 
26  L.R.A.(N.S.)   575;   34  L.R.A.(N.S.) 

„     7*^-.^,^,  officer.    L.R.A.1916F,  942. 

licgin  with  this  toolc  on  every  law  question 


ESTOPPEL,  III.  b— cont'd 

Rights  of  wife  living  apart  from  her  hus- 
band to  claim  community  rights  in 
property  as  against  persons  ignorant 
of   relationship.     29   L.R.A.  (N.S.)    468. 

EJstoppel  of  wife  who  conceals  her  interest 
in  property  to  assert  it  as  against  one 
who  purchases  it  as  property  of  hus- 
band.   48  L.R.A.(N.S.)   757. 

c.  As  to  corporate  existence  or  powers. 

§   9.  Existence. 

Estoppel  to  allege  partnership  liability  of 
stockholders  in  case  of  defective  or  il- 
legal incorporation.     L.R.A. 1916C,  212. 

§   10.  Powers. 

Estoppel  to  set  up  plea  of  ultra  vires,  see 
COBPOBATION,    §   32a. 

To  deny  validity  of  preferred  stock.  27 
L.R.A.  139. 

To  deny  validity  of  contract  of  foreign 
corporation  because  of  failure  to  com- 
ply with  statute.     24  L.R.A.  320. 

To  deny  character  or  powers  of  foreign  cor- 
poration.    24   L.R.A.   297. 

Estoppel  of  building  association  to  assert 
illegality  of  its  by-law  or  stipulation 
in  stock  that  the  stock  will  matujc  at 
a  fixed  time.     15  L.R.A.(N.S.)   503. 

d.  By  contracts  or  agreetnents  general- 
ly; ratification, 

§    11.  Generally. 

Estoppel  of  public  corporation  by  contract, 

see  supra,  §  2a. 
Estoppel  of  corporation  to  raise  defense  of 

ultra  vires,  see  Cobpobations,  §  32a. 

To  deny  terms  of  contract.    3  L.R.A.  308. 

To  plead  defense  of  limitations.  63  L.R.A. 
193. 

To  deny  validity  of  contract  by  offer  and 
acceptance  without  execution  of  con- 
templated formal  instrument.  29 
L.R.A.  436. 

As  to  forgery  of  signature  to  negotiable 
paper.     36  L.R.A.  539. 

Of  parent  to  reclaim  child.     27  L.R.A.  60. 

Estoppel  of  parent  to  deny  validity  of  con- 
tract for  transfer  of  parental  responsi- 
bility or  authority.  42  L.R.A. (N.S.) 
1018. 

Effect  of  acts  or  agreement  with  respect  to 
real  property,  made  by  one  while  a  ten- 
ant of  such  property,  to  estop  him 
after  lie  has  purchased  the  fee.  7 
L.R.A. (N.S.)    614. 

To  deny  liability  for  injuries  resulting  from 
breach  of  gratuitous  promise  as  to 
lateral  support.     48  L.R.A. (N.S.)    475. 

Estoppel  of  carrier  to  recover  difference  be- 
tween rate  charged  shipper  and  proper 
rate.     49  L.R.A. (N.S.)    99. 

Effect  of  bond  or  receipt  given  to  secure 
surrender  of  property  by  officer  who 
has  seized  it  under  process  as  an 
estoppel  after  it  has  been  returned  to 
officer. 


INDEX  TO  L.II.A.  JSOTES. 


483 


ESTOPPEL,  III.  d— cont'd 

Right  of  lessor  to  maintain  an  action  for 
possession  against  his  eovenant  not  to 
disturb  lessee's  possession,  when  the 
covenant  is  repugnant  to  the  estate 
granted.     L.R.A.1915D,  467. 

To  attempt  to  defeat  stock  subscription  or 
stockholder's  liability  on  the  ground 
that  corporation  is  not  legally  organ- 
ized.    L.R.A.191oA,  475. 

Right  of  receiver  of  foreign  corporation  to 
question  its  contracts  upon  the  ground 
that  it  had  not  complied  with  condi- 
tions of  doing  busness.  L.R.A.1918A, 
504. 

.§    12.  By   ratification. 

Ratification  of  invalid  contract,  see  Con- 
tracts, §§.  110,  111. 

Ratification  of  agent's  acts,  see  Pbincipal 
AND  Agent,  §§  28-31. 

Ratification  generally,  see  Ratification. 

To  assert  forgery  of  signature  to  negotiable 
paper.     36  L.R.A.  539. 

Validation  of  undelivered  deed  by  ratifica- 
tion or  estoppel  of  grantor.  9  L.R.A. 
(N.S.)    945. 

Ratification  or  estoppel  where  agreement  to 
pay  mortgage  is  inserted  in  deed  by 
mistake.     L.R.A.1918A,  1005. 

t 
e.  By  conduct  or  admissions  generally; 
consent. 

§    13.  By  conduct. 

By  receiving  benefits,  see  infra,   §§  32,   33. 

Waiver  of  objections  to  sufficiency  of  per- 
formance, by  accepting  work,  see  Con- 
tracts, §  139. 

Waiver  by  acceptance,  of  objections  to 
goods  purchased,  see  Sale,  §  24. 

To  rt'scind  subscription  to  corporate  stock. 
:VS  L.R.A.  722. 

To  claim  penalty  against  national  bank 
for  cliarging  or  taking  usury.  56 
L.R.A.   680. 

Of  landowner  to  object  to  assessment  by 
front-foot  rule  for  public  improve- 
ments.     28    L.R.A. (N.S.)     1206. 

Of  divorced  spouse  to  attack  decree.  L.R.A. 
1917B,  499. 

By  sale  of  personal  property  with  particu- 
lar description  of  kind  or  qualitv.  35 
L.R.A.  (N.S.)    285. 

To  deny  existence  of  j-elation  "of  independent 
contractor.     17  L.R.A. (N.S.)   382. 

Estoppel  to  deny  that  person  whose  negli- 
gence caused  injury  was  independent 
contractor.     8   L.R.A. (N.S.)    896. 

Assisting  physically  in  creation  of  con- 
dition as  afi"ecting  onie's  right  to  re- 
cover for  damaores  to  propertv  caused 
thereby.      42    L.R.A. (N.S.)    709. 

Participation  by  indemnity  insurer  in  de- 
fense of  suit  against  insured  as  estop- 
pel to  assert  tliat  latter's  liability  was 
predicated  on  ground  not  covered  by 
policy.     34  L.R.A.  (N.S.)    491. 

Paying  interest  on  forged  mortgage  as  es- 
toppel to  question  the  mortgage.  41 
L.R.A. (N.S:)    740. 

Consult  also  L.R.A.  Digests  of  Cases. 


ESTOPPEL.  III.  e— cont'd 
Against  railway  as  to  use  to  which   right 
of    way    may    be    devoted.      36    L.R.A. 
(N.S.)    515. 
Estoppel  of  one  charged  with  embezzlement 
to  deny  authority  to  receive  the  money 
generally.     17  L.R.A.  (N.S.)   531. 
May  estoppel   to  deny  authority  to  receive 
money    alleged    to    have    been    em- 
bezzled  be   invoked   against   public 
officer  charged  with  the  embezzle- 
ment.     23    L.R.A. (N.S.)     761. 

§    14.  — matters  as  to  real  property. 

Of  possessor  to  assert  claim  to  land.  13 
L.R.A.(N.S.)    135. 

Conduct  during  husband's  lifetime  as  es- 
toppel to  claim  dower.  3  L.R.A. (N.S.) 
971. 

Estoppel  of  grantee  where  agreement  to  pay 
mortgage  is  inserted  in  deed  by  mis- 
take.    L.R.A.1918A,  1005. 

Estoppel  of  purchaser  to  maintain  injunc- 
tion against  collection  of  purchase 
money  where  title  to  land  is  defect- 
ive.   7  L.R.A. (N.S.)  459. 

To  deny  power  of  cashier  of  bank  to  sell 
or  lease  property.  31  L.R.A. (N.S. )■ 
738. 

Estoppel  against  assertion  of  title  or 
interest  in  real  property  by  concealing 
the  same  or  representing  it  to  be  in  aa- 
other.    48  L.R.A.(N.S.)  745. 

§  15.  — matters  as  to  commercial 
paper. 

To  set  up  forgery  of  signature  to  negotiable 

paper.     36   L.R.A.   539. 
To  deny  that  note  was  made  in  state  where 

it    is    dated    and    payable.      2    L.R.A. 

(N.S.)   299. 
To  recover  money  paid  on  forged  check  or 

draft.     10  L.R.A. (N.S.)    49;    25  L.R.A. 

(N.S.)     1308;     29    L.R.A. (N.S.)     100 j 

L.R.A.1915A,  77. 
By  renewing  forged  paper.    23  L.R.A. (N.S.) 

1234. 
Of  one  who,  after  receiving  reindorsement, 

transfers   notes   for   value  wthout  can- 
celing    his     indorsement.       10     L.R.A. 

,(N.S.)    260. 
To  recover  money  paid  on  forged  check  or 

draft.    L.R.A.1915A,  77. 

§16.  By   admissions. 

Admissibility  of  admissions  in  evidence,  see 
Evidence,  §  215, 

Conclusiveness  of  judicial  admissions  as  to 
strangers.  28  L.R.A. (N.S.)  327;  L.R.A. 
1915A,  200. 

§    17.  By    consent. 

Effect  of  acquiescence  by  town  or  munici- 
pality to  construction  of  railway  in 
street  or  highway  to  estop  it  from  ob- 
jecting thereto.     7   L.R.A. (N.S.I    1187. 

Right  of  party  consenting  to  divorce  to  con- 
test its  validity.     51  L.R.A. (N.S.)   534. 

Estoppel  by  acquiescence  in  erection  ot 
building  or  plant  to  complain  of  it  as^ 
a    nuisance.      L.R.A.1916C,    940. 


484 


INDEX  TO  L.R.A.  NOTES. 


ESTOPPEL,  III.  e~cont'd 

Beneliciary's  consent  to  surrender  of  policy 

or    designation    of    now    beneficiary    as 

affecting  his  right  to  question  validity 

thereof.     L.11.A.1915A,  872. 
Estoppel  of  remainderman  by  consenting  to 

conveyance  of  fee  by  life  tenant.  L.R.A. 

1918D,  441. 

/.  By  laches,  silence,  or  acquiescence. 
1.  In  general. 


§   18.  Generally. 

Estoppel  of  divorced  spouse  to  attack  de- 
cree.   L.R.A.1917B,  499. 

Estoppel  by  acquiescence  to  claim  relief  from 
mistake  of  law  as  to  effect  of  instru- 
ment.    28  L.R.A.  (N.S.)    891. 

Eflfect  of  laches  of  original  seller  of  goods 
sold  for  cash  but  delivered  without 
payment  and  resold.  13  L.R.A. (N.S. ) 
699. 

Of  purchaser  of  goods  deliverable  in  in- 
stalments to  rescind  contract  for  breacli 
as    to   quality.      38    L.R.A. (N.S.)    542. 

By  laches  in  probating  will.  57  L.R.A. 
260. 

To  deny  liability  as  partner.  20  L.R.A. 
598. 

Effect  of  complainant's  laches  on  right  to 
injunction  against  infringement  of  pat- 
ent.    39  L.R.A.(N.S.)    7. 

Effect  of  laches  on  right  to  protection  in 
use  of  geographical  name  as  a  trade- 
mark or  tradename  or  on  ground  of 
unfair  competition.  26  L.R.A. (N.S.) 
91. 

To  deny  liability  on  .forged  paper,  36 
L.R^.A.  540. 

Delay  in  giving  notice  of  forgery  as  estop- 
pel of  true  owner  to  recover  against 
party  which  has  paid  paper  on  a  forged 
indorsement.     40  L.R.A. (N.S.)    657. 

Effect  of  laches  of  one  accepting  transfer 
without  indorsement  of  worthless  check 
or  note  of  third  person.  10  L.R.A. 
(N.S.)   540. 

Liability  of  sureties  on  bond  of  bank  as 
depository  of  public  funds  as  affected 
by  acquiescence  or  connivance  of  pub- 
lic officials  in  misuse  of  the  funds.  26 
L.R.A. (N.S.)    865. 

Of  pledgee  or  transferee  of  stock  to  assert 
title  against  claims  subsequently  ac- 
cruing where  pledge  or  transfer  not  en- 
tered on  books  of  company.  67  L.lv.A. 
682. 

Laches  or  acquiescence  by  stockholder  as 
affecting  his  right  to  complain  of  act 
by  which  corporation  devests  itself  of 
title  or  control  of  its  entire  property. 
9   L.R.A.(N.S.)    606. 

To  assert  governmental  power  over  certain    f,  f       Generally 
territory.     16  L.R.A.   178. 

Estoppel  of  state  because  of  laches  to  at- 
tack municipal  charter.  13  L.R.A. 
(N.S.)    5.33. 

Effect   of   laches    on    state's    right    to    oust 
corporation     of     its     franchises 
L.R.A. (N.S.)    336. 


ESTOPPEL,  III.  f,  1— cont'd 

Of  municipality  to  question  right  to  trans- 
fer or  mortgage  privilege  to  use  streets 
for  telegraph,  telephone  or  other  quasi 
public  purpose.     L.R.A.1917D,   711. 

To  claim  new  trial  for  known  disqualifica- 
tion of  juror.     18  L.R.A.  474. 

Acquiescence  in  irregularities  in  election. 
16  L.R.A.  755. 

Effect  of  complainant's  laches  on  right  to 
injunction  against  nuisance,  31  L.R.A. 
(N.S.)    897. 

Effect  of  attorney's  acquiescence  in  assign- 
ment of  judgment  on  his  right  to  lien 
thereon.     37  L.R.A. (N.S.)    228. 

Estoppel  of  beneficiary  to  hold  trustee  per- 
sonally liable  for  losses  to  trust  estate 
from  investments.  44  L.R.A.  (N.S.) 
980. 

Estoppel  to  contest  right  of  directors  to 
vote  bonus  to  officers  as  compensation 
for   services.     L.R.A. 1915D,   G37. 

Effect  of  complainant's  laches  on  right  to 
injunction  against  nuisance.  L.R.A. 
1916C, 1270. 

Right  of  plaintiff  in  a  suit  in  which  a  decree 
of  sale  was  rendered  to  assert,  as 
against  a  purchaser  thereunder,  a  title 
or  interest  not  litigated  in  the  suit. 
L.R.A.1917C,  888. 


§    19,  As  to  assessments.  , 

Of  street  railway  company  to  deny  liabil- 
ity for  paving  assessment.  46  L.R.A. 
200. 

To  contest  validity  of  assessment  for  drain- 
age ditches.    '69  L.R.A.  811. 

Laches  as  affecting  attack  on  assessment  for 
special  benefits  on  ground  that  prop- 
erty is  not  benefited.  36  L.R.A, (N.S.) 
41.' 

§  20.  By  putting  chattels  or  securities 
in  another's  possession. 

Riglit   of   one   leaving   his   cliattels    in   an- 
other's   possession    to    claim    title 
against  the  later's  vendees  or  cred- 
itors.    25   L.R.A.(N.S.)    760. 
Effect  of  putting  paper  or  securities  trans- 
ferable by  delivery,  or  indorsed  or 
assigned    in   blank,    into    another's 
possession,     to     estop     owner     as 
against    purchaser    in    good    faith. 
29  L.R,A.(N.S.)   252. 
Effect  of  permitting  assignor  of  a  contract 
to  receive  •non-negotiable  instrumen*^  is- 
sued  in  payment  thereof,   to  estop  as- 
signee as  against  a  subsequent  assignee 
of  such   instrument.     11  L.R.A. (N.S,) 
472. 

2.  As  to  real  property. 


Begin  tiHth  this  hook  on  every  lato  question. 


Delay  in  recording  instrument  conveying 
title  to  real  property,  see  Records  and 
Recording  Laws,  §  23. 

By  nonuser,  to  claim  land  as  part  of  high- 
way.    IS  L.R.A.  147. 
14  '  Of   possessor   to   assert  claim  to  land.     13 
L.R.A.(N.S.)    135, 


INDEX  TO  L.R.A.  NOTES. 


485 


ESTOPPEL,  III.  f,  2r-cont'd 

Laches  as  affecting  tlie  right  of  one  co- 
tenant  to  benefit  of  purchase  of  oiit- 
standing  title  by  another.  19  L.R.A. 
(N.S.)    526;   42  L.R.A.  (N.S.)    242. 

Effect  of  acquiescence  in  violations  of  re- 
strictive covenant  on  right  to  enforce- 
ment thereof.     28  L.R.A. (N.S.)   710. 

Effect  of  continued  occupation  by  trespasser 
for  less  than  limitation  period  to  estop 
owner  to  maintain  trespass  q.  c.  f.  23 
L.R.A.(N.S.)    270. 

Laches  as  waiver  of  purchaser's  right  to 
'  rescind  contract  for  purchase  of  real 
property.     30  L.R.A.  (N.S.)    872. 

To  claim  forfeiture  of  oil  and  gas  lease. 
31  L.R.A.  G73. 

Estoppel  against  assertion  of  title  or  inter- 
est in  real  property  bv  concealing 
the  same.     48  L.R.A.  (iST.S.)    745. 

Right  ©f  plaintiff  in  a  suit  in  which  a  de- 
cree of  sale  was  rendered  to  assert,  as 
against  a  purchaser  thereunder,  a  title 
or  interest  not  litigated  in  the  suit. 
L.R.A.1917C,  888. 

§   22.  As  to  boundary  line. 

Estoppel  by  silence  or  acquiescence  to  assert 
true  boundaries.     48  L.R.A.  (N.S.)   756. 

Effect  of  improvements  by  abutting  owner 
with  reference  to  what  is  erroneously 
supposed  to  be  state  boundary  line  to 
stop  municipality  from  asserting  true 
line.      7    L.R.A.  ('N.S.)    243. 

§   23.  As  to  pollution  of  water. 

To  question  pollution  of  stream.     22  L.R.A. 

(N.S.)    282. 
To  pollute  stream  for  mining  purposes.     24 
L.R.A.  66. 

§  24.  As  to  railroad  or  telegraph  or 
telephone  in  street. 

Laches  as  affecting  abutting  owner's  right 
to  compensation  for  railroad  in  street. 
36  L.R.A.(N.S.)    832. 

Effect  of  acquiescence  to  defeat  particular 
remedies  of  abutting  owner  who  has 
consented  to  construction  of  railroad 
or  street  railway  in  street  or  high- 
way.    7  L.R.A.  (N.S.)    995. 

Effect  of  acquiescence  by  town  or  munici- 
pality to  construction  of  railway  in 
street  or  highway  to  estop  it  from  ob- 
jecting thereto.     7   L.R.A, (N.S.)    1187. 

Delay  in  applying  for  an  injunction  against 
maintaining  telephone  or  telegraph  line 
in  street  or  highway.  8  L.R.A. (N.S.) 
1091. 

§   2  5.  By  permitting  expenditures. 

Against    revocation   of    license.      49    L.R.A. 

520. 
To  claim  damages  for  obstruction  of  waters 

of  stream.     59  L.R.A.  904. 
To    insist    upon    forfeiture    of    oil    or    gas 

lease.     31   L.R.A.   673. 
To   revoke   license   to   maintain    burden    on 

land  after  licensee  has  incurred  expense 

in    reliance    thereon       19    L.R.A. (N.S.) 

700;   25    L.R.A.  (N.S.)    727. 
Consult  also  L.R.A.  Digests  of  Cases. 


ESTOPPEL,  III.  f,  2— cont'd 
Effect  of  improvements  by  abutting  owner 
with   reference  to   what   is   erroneously 
supposed  to  be  the  street  boundary  line 
to    estop    municipality    from    asserting 
the  true  line.     7  L.R.A. (N.S.)   243. 
Estoppel    against    assertion    of    title   or    in- 
terest   in    real    property    against    one 
making      improvements     thereon.        48 
L.R.A.  (N.S.)    759. 
Estoppel,  by  encouraging  or  acquiescing  in 
erection    of    building   or    plant,   to 
complain     of     it     as     a    nuisance. 
L.R.A. 1916C,  940. 

§   26.  By  permitting  title  to  real  prop- 
erty to  stand  in  another's  name. 

Estoppel   of   landowner   by   allowing   record 
title    to    remain    in    another.      22 
L.R.A.  256. 
Permitting  undelivered  deed,  wrongfully  re- 
corded by  grantee,  to  remain  on  record, 
as  estoppel  of  grantor  or  his  successors 
to  deny  its  delivery  as  against  one  who 
has  purchased  in  reliance  on  the  record. 
7  L.R.A.(N.S.)  712. 
Estoppel   of  one  who  permits  title  of  real 
property     to    stand     in     another's 
name,  to  assert  title  as  against  the 
latter's  creditors.     30  L.R.A. (N.S.) 
1;  46  L.R.A.(N.S.)   1097. 
Estoppel   against   assertion    of   title   or   in- 
terest   in    property    by    concealing   the 
same.    48  L.R.A. (N.S.)  757. 


g.  By   negligence,   fraud,    or  misrepre- 
scntations. 

§   2  7.  By  negligence. 

See  also  §§  20,  26,  supra. 

Failure  to  read  contract  as  affecting  right 
to  assert  fraud  in  respect  thereto.  6 
L.R.A. (N.S.)   463;  L.R.A.1917F,  637. 

Effect  of  negligence  of  principal  on  his 
right  to  repudiate  indorsement  of  check 
by  agent  in  a  manner  not  contemplated 
by  his  restricted  authority.  L.R,A. 
1918B,  578. 

Estoppel  to  enforce  contract  of  suretyship 
or  guaranty  released  through  mistake. 
13  L.R.A.(N.S.)    576. 

Estoppel  to  set  up  original  obligee's  breach 
of  condition  to  make  future  advances 
as  against  assignee  of  contract  for  pay- 
ment of  money,  not  protected  by  the 
law    merchant.      23   L.R.A. (N.S.)    178. 

Effect  of  negligence  of  purchaser  of  real 
property  on  right  to  rescind  because  of 
misstatement  as  to  title.  •  39  L.R.A. 
(N.S.)    1143. 

Estoppel  as  against  innocent  payee  of  one 
who  signed  note  in  blank  and  intrusted 
it  to  a  third  person  who  exceeded  his 
authority  in  filling  up  blanks  before 
delivery   to   payee.      L.R.A.1915B,    144. 

Mistake  in  statement  of  commodity  fur- 
nished as  affecting  the  right  to  recover 
for  a  larger  amount  actually  furnished. 
L.R.A.1915B,  711. 


480 


INDEX  TO  L.R.A.  NOTES. 


ESTOPPEL,  III.  g— cont'd 

§   28.  By   frawd  or  misrepresentations. 

Estoppel  to  plead  limitations  by  represen- 
tations as  to  material  facts.  63  L.R.A. 
202. 

Estoppel  of  mutual  benefit  society  by  mis- 
representations as  to  laws  of  the  order. 
14  L.R.A.(N.S.)    540. 

EflFect  of  fraudulent  reissue  of  bill  or  note 
which  has  been  paid.  28  L.R.A. (N.S.) 
1066. 

May  one  who  takes  a  contract  or  bond  for 
the  conveyance  of  property  from  a 
third  person  to  defraud  the  creditors 
of  another  who  had  the  legal  title 
to  the  property,  but  represented  it  to 
be  in  such  third  person,  invoke  the 
doctrine  of  estoppel  against  him.  13 
L.R.A.  (N.S.)    1118. 

Estoppel  of  legatee  or  devisee  to  deny  that 
he  holds  in  trust  for  another.  8  L.R.A. 
(N.S.)  698;  31  L.R.A. (N.S.)  176;  33 
L.R.A.(N.S.)    996;    L.R.A.1918F,   1045. 

Knowledge  by  vendor  of  falsity  of  his  mis- 
statements as  to  title  as  a  condition 
of  equitable  estoppel  against  him.  39 
L.R.A. (N.S.)    500. 

Estoppel  in  pais  against  assertion  of  title 
or  interest  in  real  property  by 
representing  it  to  be  in  another. 
48  L.R.A.(N.S.)   745. 

Estoppel  to  contest  commercial  paper  by 
representations  to  prospective  pur- 
chasers.    50  L.R.A.(N.S,)    1023. 

Right  of  bank  to  contradict  entries  in  its 
books  or  statements  in  public  reports. 
L.R.A.1915D,  935. 

8   29.  —  of  infant. 

Estoppel  of  infant  by  false  representations 
as  to  his  age.  57  L.R.A.  684 ;  9  L.R.A. 
(N.S.)  1117;  16  L.R.A.(N.S.)  672; 
1!)  L.R.A.(N.S.)  1056;  35  L.R.A.(N.S.) 
574;  36  L.R.A. (N.S.)  33;  42  L.R.A. 
(N.S.)    643;   L.R.A.1915F,  1082. 

Liability  of  master  for  injury  to  minor  serv- 
ant who  secures  employment  by  mis- 
representing his  age.  20  L.R.A.'(N.S.) 
500;  25  L.R.A.(N.S.)  708;  42  L.R.A. 
(N.S.)    624. 

h.  By  inconsistency  in  acts,  claims,  etc. 


§   30.  Generally. 

To  make  assessments  on  paid  up  stock. 
L.R.A.  6.53. 


45 


ESTOPPEL,  III.  h— cont'd 

Agrooment  of  bank  invalid  as  against 
trustee  in  bankruptcy  undertaking  to 
hold  bankrupt's  deposit  as  a  fund  for 
creditors  as  preventing  it  from  setting 
off  deposit  against  its  own  claim.  28 
L.R.A. (N.S.)   484. 

Recognition  of  return  or  of  decree  rendored 
thereon  as  affecting  liability  for  niakins 
false  return.     38  L.R.A. (N.S.)    292. 

Denial  of  relation  as  affecting  right  to  sum- 
mary order  on  attorney  to  produce 
papers.     38  L.R.A.  (N.S.)    207. 

Right  of  party  obtaining  or  consenting  to 
divorce  to  contest  its  validity.  51 
L.R.A. (N.S.)    534. 

Right  of  bank  to  contradict  entries  in  its 
books  or  statements  in  public  reports. 
L.R.A.1915D,    935. 

Estoppel  of  guardian,  executor,  or  adminis- 
trator to  deny  that  he  received  the 
amount  stated  in  his  report  of  a  sale. 
L.R.A.1916A,  639. 

§   31.  As    to    jurisdiction. 

Of  party  who  has  invoked  jurisdiction  to 
deny  it.     15  L.R.A.  273. 

To  deny  facts  pleaded  to  defeat  jurisdic- 
tion of  court.     15  L.R.A. (N.S.)  423. 

i.  By   receiving   heneftts. 

§   32.  Generally. 

Estoppel  of  public  corporation  to  deny  va- 
lidity of  contract  by  receipt  of  bene- 
fits, see  supra,  §  2a. 

To  appeal  by  accepting  favorable  part  of 
decree,  see  Appeal  and  Erbob,  §  8a. 

Of  corporation  to  raise  defense  of  ultra 
vires,  see  Cokpobations,  §  32a. 

Acceptance  by  debtor  of  surplus  arising 
from  sale  under  a  decree  as  affecting 
his  right  to  appeal  from  the  decree. 
L.R.A.1918E,   106. 

Estoppel  to  deny  jurisdiction  of  court  after 
receiving  benefit  of  court  takinsr.  1.5 
L.R.A.  274. 

Of  corporation  to  deny  liability  on  contracts 
of  promoter.  20  L.R.A.  550;  50  L.R.A. 
(N.S.)  978. 

Estoppel  to  set  up  defects  or  irregularities 
in  replevin  bond  which  has  served  its 
purpose.  29  L.R.A.(N.S.)  747. 
.Estoppel  of  grantee  in  possession  to  ques- 
tion grantor's  right  to  collect  purchase 
money.     21  L.R.A. (N.S.)    399. 


Estoppel  to  attach  property  in  hands  of  as-  ■  Ratification  of  unauthorized  loan  by  agent 

signee  for  creditors.     26  L.R.A.  595.  '^        ^— ■■■---   ---        "-       ^^   ^   ^ 

Rigi't  to   accept  favorable  part  of  decree, 

juderment  or  order  and  repeal  from  the 

remainder.     29  L.R.A.(N.S.)   1. 
Estoppel    of    possessor   to   assert   claim   to 

land.     13   L.R.A.  (N.S.)    135. 
To   deny   validity   of    liens   when    property 

taken    by   eminent    domain    subject   to 

certain   liens.     21   L.R.A.(N.S.)    72. 
Right  to  defend  expulsion  of  passenger  on 

ground  other  than  that  relied  upon  at 

the  time.     14  L.R.A.(N.S.)    368. 
Of    scliool    district    to    deny    residence    of 

child  within  district.     36  L.R.A. (NS  ) 

344.  ■' 


by  retention  of  benefits.    2  B.  R.'  C.  743. 

Estoppel  of  divorced  spouse  to  attack  decree 
by  use  of  privileges  or  taking  benefits 
of   decree.     L.R.A.1917B,   500. 

To  complain  of  unauthorized  provisions  in 
bond.    L.R.A.1917B,  1001. 

Estoppel  as  ground  for  allowing  recovery 
against  principal  for  services  of  sub- 
agent  employed  by  agent.  L.R.A.1918F, 
748. 

§   33.  As  to  commercial  paper. 

To  deny  liability  on  forged  paper.  36  L.R.A. 
541. 


To  assert  forgery  of  signature  to  negotiable 
n^^      -^.^  .,  ,    ^  paper.     36  L.R.A.  539. 

itegin  with,  this  booTc  on  every  law  qitestion. 


INDEX  TO  L.R.A.  NOl'ES. 


487 


ESTOPPEL,  III,  i— cont'd 

Ratification  of  forged  instrument  by  receiv- 
ing proceeds  of  forgery.  36  L.R.A. 
(N.S.)    3017. 

J.  By  character  or  relation  of  parties. 

§   34.  Generally. 

'Husband's  liability  for  necessaries  furnished 
wife  on  ground  of  estoppel.  65  L.R.A. 
549;  47  L.R.A. (N.S.)   282. 

Estoppel  of  one  attesting  conveyance  to  as- 
sert title.     3  L.R.A.  (IS^.S.)    879. 

Right  of  mortgagor  or  those  claiming 
through  or  under  him  to  set  up  out- 
standing title  or  to  acquire  outstand- 
ing title  to  defeat  the  mortgage.  L.R.A. 
1918B,  734. 

Right  of  beneficiary  in  bond  to  repudiate 
authority  of  person  who  made  the  rep- 
resentations in  reliance  upon  which  the 
bond  was  issued.     7  L.R.A. (N.S.)    549, 

Of  surety  to  complain  of  creditor's  manage- 
ment and  collection  of  collateral.  37 
L.R.A.(N.S.)   715. 

Estoppel  of  bailee  to  assert  against  bailor 
hostile  title  of  a  third  person.  33 
L.R.A.(N.S.)    681;  L.R.A.1918B,  662. 

Of  landlord  to  enforce  claim  for  rent  of 
premises  occupied  by  receiver  or  as- 
signee for  creditors.     59  L,R.A,  686. 

§  35,  Of  ppincipal  or  agent. 

Estoppel  of  principal  to  deny  authority  of 
agent  who  has  not  possession  of  se- 
curities to  receive  payment,  23  L,R.A. 
(N.S.)    414. 

Of  agent  to  dispute  title  to  money  or  prop- 
erty received  from  principal,  2  L,R,A. 
(N.S.)   657. 

§   36.  Of  tenant. 

Adverse  possession  by  tenant,  see  Adverse 
Possession,  §  6. 

Right  of  tenant  to  dispute  landlord's  title 
ill   action  by  latter  to  establish  same. 
29  L.R.A.(N.S.)    85. 
Right  of  tenant  in  possession  in  action  by 
himself  to  dispute  the  landlord's  title. 
L.R.A.1916E,    699, 
Estoppel  to  deny  lessor's  title  as  affected  by 
the  fact  that  lessee  did  not  recog- 
nize the  lessor's  title  to  the  partic- 
ular   property.     52    L,R,A.  (N.S.) 
765. 
Eight  of  tenant  who  was  in  possession  before 
taking   lease    to   dispute    lessor's   title. 
1   L.R.A.(N.S.)    1181. 
Estoppel  of  tenant's  wife  to  deny  landlord's 

title.     30  L.R.A.  (N.S.)   1102. 
Estoppel   of  subtenant  to  question  original 

landlord's  title.     7  L.R.A. (N.S.)   930. 
Right  of  tenant  to  show  that  landlord  part- 
ed with  or  lost  his  title  to  a  third 
person  during  tenancy.     38  L.R.A. 
(N.S,)    863. 
Effect  of  acts  or  agreements  as  to  real  prop- 
ert}-^   made   by   one   while   a  tenant   to 
estop  him  after  purchasing  the  fee,     7 
L.R.A.(N.S.)   614. 
Consult  also  L.R.A.  Digests  of  Cases. 


ESTOPPEL,  III.  j— cont'd 

§   3  7.   Of  partner. 

Of  partner  as  to  real  property.     28  L.R.A. 

•    105, 
Partnership  liability  by,     18  L,R,A.(N.S.) 
988. 

Ic.  Who  may  set  up. 

§   38.  Generally. 

Estoppel  of  beneficiaries  to  charge  personal 
representative  with  losses  sustained  in 
carrying  on  business,  40  L.R.A. (N.S.) 
234. 

Right  of  bank  in  action  by  holder  for  pro- 
ceeds of  commercial  paper  collected  by 
it,  to  avail  itself  of  defenses  that  would 
have  been  available  in  an  action  on  the 
paper,     26  L.R.A. (N.S.)    1098. 

I.  Effect  of  estoppel. 

§   3  9.  Generally. 

On  right  to  injunction  against  action  or 
proceeding  in  foreign  jurisdiction.  25 
L,R,A.(N.S,)   272, 

On  rights  and  remedies  of  creditor  who  is 
also  a  stockholder  of  an  insolvent  cor- 
poration.    41   L.R.A,  (N,S't)    1001. 

Title  by  estoppel,  as  marketable  title,  38 
L.R.A. (N.S,)    26. 

In  pais  against  defendant  as  basis  for  ac- 
tion to  recover  real  estate.  16  L.R.A. 
813. 


ESTOPPEL  IN   PAIS. 

See  Estoppel,  III. 


ESTOVERS. 


37 


Common  of  estovers.     68  L.R.A.  649. 
Customary     estovers     of     life     tenant 

L.R.A. (N.S.)   764. 
Husband's   right  to   estovers   on  land  held 

by  entireties.     30  L.R.A,  309. 


ESTRAYS. 


See  Animals. 


EUROPEAN  PLAN. 

Proprietor  of  hotel  conducted  on,  as  keeper 
of  a  restaurant  within  license  statute 
or  ordinance.     17  L.R.A. (N.S, )   566, 

4  »  » 


EVAPORATION. 

Facilitation  of,  see  Waters,  §  28. 


488 


INDEX  TO  L.R.A.  NOTES. 


EVERYTHING. 

Construction  of  word  "everytliing"  as  used 
in  devise  or  legacy.     L.R.A.1918A,  224. 


EVICTION. 


Of  tenant,  see  Landlobd  and  Tenant,  §§  32, 
33,  83. 

Necessity  of,  to  maintenance  of  action  for 
breach  of  covenant  of  warranty  of  title 
or  of  seisin.     17  L.R.A.(N.S.)  1178. 


EVIDENCE. 


o/ 


7.  In  general,  §  1. 
II.  Judicial  notice,  §§  2-17. 
a.  By  court,   §§  2-16. 
h.  By  jury,  §17. 
Ill,  Presumptionti     and     burden 
proof,   §§    IS- 117. 

a.  In  general,  §18. 

b.  As  to  lau'H,  §§  19,  20. 

c.  Exceptions     or     exemptions; 

defenses,  §  21. 

d.  Concerning  persons,   §§  22- 

56. 

1.  Status,  relation,  or  con- 

dition,  §§  22-24. 

2.  Character;  identity; 

marriage;    divorce,    §§ 
25-29. 
8.  Death;  survivorship; 

suicide,  §§  30-32. 

4.  Assent;      authority;      li- 

cense, §§  33-36. 

5.  Knowledge;  notice;  san- 

ity ;     capacity ;     intent, 
§§   37-42. 

Malice;  motive;  prob- 
able cause,  §§  43-46. 

Fraud  or  good  faith;  un- 
due influence,  §§  47- 
63. 

Truth ; 
cenoe; 
55a. 

Against 
destroyer 
§   56 

e.  Corporate  matters;  carriers, 
§§   57-59. 

f.  Cause;  continuance,   §§   60- 
61a. 

g.  Care;    negligence;    res    ipsa 
loquitur,  §§  62-84. 

1,  Of    person    causing    in- 
./«"•»/.  §§  62-79. 
(a)    In  general,  §§  62- 


6. 


8. 


0. 


falsity;      inno- 
ffuilt,     §§     54- 

suppressor     or 
of    evidence, 


Of}. 

(b)  Of  carriers,  §§  70, 
71. 

(c)  Railroads;  street 
railways,  §§  72- 
75«. 

(d)  On  highway,  §  76. 
Begin  with  this  book  on  every  law  question. 


EVIDENCE,  III.  g,  1— cont'd 

(e)  Of  master,   §§   77 y 
78. 

(f)  Miscellaneous,  §  79. 
2.  Contributory  negligence, 

§§   80-84. 

(a)  In  general,  §§  80, 
81. 

(b)  On  highway,  §  82.. 

(c)  Of  servant,   §  83.  ^ 

(d)  Of  parent,  §  84. 
h.  As  to  official  acts,  §§  85-88. 
i.  As  Ho    rights,    contracts,    in- 

strunients,     and     prop- 
erty,  §§   89- 105a. 

1.  In  general,  §§  89-94. 

2.  Different       instruments, 

§§  95-103a. 

3.  Ownership;     title;     pos- 

session; occupation,  §§ 
104-105a. 
j.  Payment;     value,     §§     106- 

107a. 
H.  Miscellaneous  civil  matters,. 

§§   108-111. 
I.  Criminal    matters,    §§     112- 
117. 
IV.  Best  and  secondary  evidence,  §§ 
118-121. 
V.  Documetitary   evidence,    §§    122- 
150. 

0.  In  general,  §§  122-125. 

h.  Records,  reports,  and  or- 
ders ;  legislative  ioumals,^ 
§§     126-130. 

C.  Judgments;  findings;  plead- 
ings, §§   131- 133a. 

d.  Depositions,      former      testi- 

nionif,      and     affidavits,      § 
134. 

e.  Memoranda;      receipts.       §§ 

135,   136. 
/.  Letters;  telegrams,   §§    137y 

138. 
g.  Account  books,  §§   1.39-144. 
h.  Entries    in   family   Bible   or 

other     religious      book,      § 

145. 
•    i.  Scientific  books  and  treatises, 

§    146. 
j.  Mortality  tables,  §147. 
Te.  Miscellaneous        documents, 

§   148. 

1.  For  purposes  of  comparison^ 

§   149. 
m.  Putting    whole    writing    in 
evidence,  §  150. 
VI.  Demonstrative  evidence;  articles 
and      things;      vieto      of     jtiry^ 
§§    151-159. 
VII.  Parol  and  extrinsic  evidence   as 
to  writing,  §§   160-184. 

a.  In  general,  §  160. 

b.  Ctistom,   §   161. 

c.  Prior  and  collateral  parol 
agreements,  §§   162,   163. 

d.  Subsequent  changes,  §  164. 

e.  Meaning;  intention;  expla- 
nation, §§  165-168. 

/.  As  to  commercial  paper, 
§§    169-174. 


INDEX  TO  L.R.A.  NOTES. 


489 


EVIDENCE,  VII.— cont'd 

g.  As  to  consideration,  §§  175, 
176. 

h.  Fi-aucI;     snvprise;     tnistake; 
ontissions,  §§  177-179. 

i.  Condition;    tmst;    mortgage, 
§§    180-182. 

j.  To    identify    subject   or   per- 
sons,  §   183. 

fc.  Character  of  party,  §  184. 
VIII.  Opinions  and  conclusions ;  expert 
testimony,  §§  1S5-206. 

a.  In  general,  §  185. 

b.  Hypothetical      questions,      § 

180. 

c.  Cause  and  effect,  §  187. 

d.  Intoxication,   §   188. 

e.  Sanity  and  mental  capacity, 

§§    189-193. 
/.  Value;    damages;    speed,    §§ 

194:,  195. 
g.  Negligence;  intent,   §§    196, 

197. 
h.  Handwriting,       typetvriting ; 
finger  prints,   §§    198— 
205b. 
i.  Miscellaneous,    §    206. 
IX.  Confessions;      involuntary      evi- 
dence,  §§   207-214:. 
X.  Admissions,  §  215. 
Xi.  Declarations;         hearsay;         res 
gestae ;   privileged   commu- 
nications,  §§  216-245. 
a.  In   general,   §§   216-219. 
h.  Privileged    communications, 
§§  220-226. 

c.  Party's  own  acts  and  decla- 

rations,  §  227. 

d.  Acts     and     declarations     of 

third  person  generally,  §§ 
22S-233a. 

e.  Acts     and     declarations     of 

agent,  cobeneflciary ,  part- 
ner, or  co-conspirator,  §§ 
234-237. 

f.  Complaints    of    injuiHes    and 

suffering,  §  238. 

g.  Threats,  §  239. 

h.  Conversation    by    telephone, 
§  240. 

i.  Conversation   through  inter- 
preter, §  241. 

j.  Dying  declarations,  §  242. 

fc.  Former  testimony,    §§   248- 
245. 
XII.  Belevancif    and    materiality,     §§ 
246-287. 

a.  In  general,   §  246. 

h.  Custom;     habit;     cause,     §§ 
247,  248. 

c.  Character     and     reputation, 

§§   249-253. 

d.  Mental  capacity,  §  254. 

e.  Intent;   motive;   fraud;   un- 

d%ie   influence;    malice,    §§ 

255-261. 
/.  Value;     damages,     §§     262- 

265. 
g.  Negligence,    §§    266-269. 
h.  Precautions    after    accident, 

§   270. 
•Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  XII.— cont'd 

i.  Circumstantial  evidence,  § 
271. 

j.  Similar  acts  and  fa^ts,  §§ 
272-275. 

fc.  Rebuttal,  §§  276,  277. 

I.  Contracts ;  personal  re- 
lations,   §§   278-280. 

vn,.  Ownership;  authority,  §§ 
281,   282. 

n.  Miscellaneous  civil  matters, 
§   283. 

o.  Criminal  matters,  §§  284- 
287. 

XIII.  Weight;     effect;     sufficiency,     §§ 

288-328. 
a.  In  general,   §§  288-293. 
ft.  Negligence,   §   294. 

c.  Matters    as    to    persons,     §§ 

295-303. 

d.  To  overcome  tvriting,  §  304. 

e.  Of     documentary     evidence, 

§§   305-308a. 

f.  Contracts,  §§  309-311. 

g.  Will  cases,    §   312. 

h.  Miscellaneous      civil      cases, 

§§  313,  314. 
i.  Criminal  cases,  §§  315-328. 
■  1.  In  general,  §§  315-325. 
2.  Various        particular 
crimes,    §§    326-328. 

XIV.  Admissibility     under     pleadings; 

variance,    §§   329—333. 

I.  In  general, 

§    1.  Generally. 

On  trial  for  assault  and  battery,  see  As- 
sault AND  Battery,  §  13. 

In  action  for  breach  of  promise,  see  Breach 
OF  Promise,  §  6. 

In  prosecution  for  burglary,  see  Bubglaby, 
§    5. 

In  action  on  note,  see  Bills  and  Notes, 
§  70. 

Constitutionality  of  statutes  as  to,  see 
Constitutional  Law,  §  183. 

Validity  of  contract  to  procure,  see  Con- 
tracts, §  103. 

As  to  self-incrimination  generally,  see 
Criminal  Law,  §§  49-53. 

Eight  to  introduce  evidence  before  insurance 
appraisers,  see  Insurance,  §  152a. 

Newly  discovered  evidence  as  ground  for 
new  trial,  see  New  Trial,  §§  10,  11. 

Newly  discovered  evidence  as  ground  for 
bill  of  review,  see  Review,  §  3. 

False  evidence,  see  Perjury. 

Search  and  seizure  to  obtain  evidence,  see 
Search  and  Seizure. 

Reception  of,  see  Trial,  §§   12-14. 

Striking  out  of,  see  Trial,  §  14. 

Instructions  as  to,  see  Trial,  §§  61-63. 

As  to  witnesses  generally,  see  Witnesses. 

As  to  competency  of  witnesses  in  general, 
see  Witnesses,  §§  9-25. 

As  to  impeachment  of  witnesses,  see  Wit- 
nesses, §§  41-44. 

As  to  examination  of  witnesses,  see  Wit- 
nesses,  III. 


490 


INDEX  TO  L.R.A.  NOTES. 


E\T:DENCE,  I.— cont'd 

Newly  discovered  evidence  as  ground  for 
opening  decree  of  divorce.  L.R.A. 
1917B,  466. 

Applicability  in  proceeding  to  punish 
criminal  contempt  of  rules  of  evidence 
in  criminal  cases.    L.R.A.1917B,  118. 

Rules  of  evidence  imder  Workmen's  Com- 
pensation Acts.     L.R.A.1917D,   182. 

Right  of  convicted  person  to  maintain  an 
action  against  witness  for  negligently 
giving  false  evidence.     3  B.  R.  C.  251. 

Liability  of  one  who  procures  defamatory 
testimony  to  be  given.    4  B.  R.  C.  986. 

Propriety  of  referring  in  argument  to  jury 
to  testimony  in  previous  trials  in  the 
same  cause.*  L.R.A.1918D,  62. 

Comment  by  counsel  in  argument  to  jury 
upon  evidence  impropely  admitted  or 
excluded.    L.R.A.1918D,  76. 

Prosecuting  attorney's  comments  on  ex- 
cluded evidence  as  ground  for  reversal. 
46  L.R.A.  681. 

Jurisdiction  of  courts  of  equity  to  entertain 
bill  to  perpetuate  testimony.  25  L.R.A. 
(N.S.)   673. 

Federal  courts  following  state  decisions  as 
to  rules  of  evidence.  40  L.R.A.  (N.S.) 
449. 

II.  Judicial  notice, 
a.  By  court. 

§  2.  liaws. 

Presumption  and  burden  of  proof  as  to,  see 

infra,  §  19. 

Of  Federal  employers'  liability  act  in  action 
thereunder.  47  L.R.A.  (N.S.)  75; 
L.R.A.1915C,  78. 

Judicial  notice  of  adoption  of  local-option 
law.    L.R.A.1915B,  788. 

§   3.  — of  other  state  or  country. 
Presumption  and  burden  of  proof  as  to,  see 
infra,  §  20. 

As  to  law  of  other  state.    4  L.R.A.  41  ;♦ 

67  L.R.A.  34. 
Judicial    cognizance    of    foreign    law.     67 

L.R.A.  33. 


§  4.  Ordinances. 

Of  mufkicipal  ordinances. 


4  L.R.A.  41.» 


§  6.  liegislative  Journals. 

Judicial  notice  of  existence  and  contents  of 
legislative  journals.  40  L.R.A.(N.S.) 
38.  ' 


§  «.  Cnstoms. 

Of  banking  customs. 


21   L.R.A.  446. 


§   7.  Courts;  judicial  matters;  records. 
Of  court  proceedings.     4  L.R.A.  34.* 
Of  terms  of  courts.     4  L.R.A.  34.* 
Of  jurisdiction  and  authority  of  courts.     4 
L.RA.  34.» 

§   8.  —of  records  and  decrees  of  court. 

Judicial  notice  of  the  court's  own  records  in 
other  actions.  11  L.R.A. (N.S.)  616; 
29  L.R.A.(N.S.)    905. 

Begin  with  this  hooh  on  every  law  question 


EVIDENCE,  II.  a— cont'd 

Right  to  take  judicial  notice  of  decree  in 
proceeding  to  punish  violation  of  same 
as  contempt.     24  L.R.A.(N.S.)   404. 

§   9.  Political  matters. 

Of  elections,  and  changes  in  ofBce.   "^4  L.R.A. 

•  38.* 
Of  the  seal  of  the  state.     4  L.R.A.  41. ♦ 

§    10.  Geographical  matters. 

Of  geographical  and  topographical  facts.  ^ 

L.R.A.  39.* 
Of  the  civil  divisions  of  the  state.     4  L.R.A. 

37.* 
Of  population.     4  L.R.A.  39.* 

§   11.  Officers. 

Of  public  officers.     4  L.RA..  37.» 

§    12.  Corporations. 

Of  private  corporations.     4  L.R.A.  36.* 
Of  public  corporations.     4  L.R.A.  36.* 

§   13.  Time. 

Time.     4  L.R.A.  35.» 

§14.  Place. 
Place.     4  L.R.A.  35.« 

§15.  Intoxicating  character  of  liquor. 

As  to  into.xicating  character  of  beverages. 
20  L.R.A.  648. 

Of  intoxicating  character  of"  mixed  drink. 
19   L.R.A.(N.S.)    848. 

Judicial  notice  or  inference  as  to  spiritu- 
ous, vinous,  distilled,  malt,  fer- 
mented, or  intoxicating  quality  of 
liquor,  from  its  name.  48  L.R.A. 
(N.S.)   302. 

"Near  beer"  or  other  local  appelhition,  as 
justifying  judicial  notice  as  to  in- 
toxicating or  other  statutory  qual- 
ity of  liquor.    48  L.R.A. (N.S.)  315. 

Judicial  notice  that  "beer"  or  "lager  l)eer" 
is  intoxicating.    48  L.R.A.(N.S.)  308. 

§16.  Other  matters. 

Of  holidays.     19  L.R.A.  316. 

Of  mortality  tables  in  death  action.  L.R.A. 
1918C,  1076. 

Of  regulations  made  under  the  Selective 
Service  Act.     L.R.A.1918E,   1018. 

Right  of  court  to  decide  question  as  to 
quickest  means  of  stopping  train  as  a 
matter  of  common  knowledge.  14 
L.R.A.(N.S.)  262. 

Judicial  notice  that  certain  articles  are 
within  provision  in  fire  insurance  policy 
prohibiting  presence  of  designated  arti- 
cles on  premises.     3  B.  R.  C.  47. 

6.  By  jury. 

8   1 7.  Generally. 

Right  of  jurors  to  act  on  their  own  knowl- 
edge of  the  facts  in  or  relevant  to 
the  issue.  31  L.R.A.  48^;  37 
L.R.A.(N.S.)    790. 


EVIDENCE— cont'd 


INDEX  TO  L.R.A.  NOTES. 

EVIDENCE,  III.— cont'd 


491 


///.  Presumptions  and  burden  of  proof, 
a.  In  general. 

§    18.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  183. 

Burden  of  proof  in  ejectment,  see  Eject- 
ment,   §    14. 

As  to  effect  of  tax  deeds,  see  Taxes,  §  81. 

Effect  of  admissions  on  burden  of  proof, 
see  Trial,  §  9.  . 

Effect    of    admission   to    change    burden    of 

proof.     Gl  L.R.A.  513. 
Effect  of  preumptions  created  by  workmen's 

compensation  acts.     L.E.A.  1917D,  183. 


b.  As  to   latvs. 

§    19.  Generally. 

Judicial  notice  as  to,  see  supra,  §  2. 
Presumption   as  to   statutory   authority   to 
permit  nuisance,  see  Nuisances,  §  29. 

As  to  regularity  of  legislative  action  in 
passing  bill.""    67  L.R.A.  966. 

Presumption  as  to  regular  enactment  of 
bills.     40  L.R.A.  (N.S.)  36. 

§   2  0.  Of  other  state  or  country. 

Judicial  notice  as  to,  see  supra,  §  3. 
Oral  evidence  as  to,  see  infra,  §  119. 

Presumption  as  to  law  of  foreign  country. 
34  L.R.A.(N.S.)  261;  38  L.R.A. (N.S.) 
40. 

As  to  law  of  other  state  or  country.  21 
L.R.A.  471;   67  L.R.A.  33. 

Presumption  as  to  authority  of  notary  pub- 
lic of  another  state  or  country  to  ad- 
minister an  oath.     L.R.A.1916A,  1169. 

c.  Exceptions  or  exemptions;  defenses. 

§   21.  Generally. 

Burden  of  establishing  defense  of  falsity  of 
statement  by  insured  respecting  family 
history.    L.R.A.1917C,  876. 

Duty  of  insured  to  negative  death  or  acci- 
dent from  excepted  cause.  4  L.R.A. 
(N.S.)   636;  50  L.R.A.(N.S.)   1006. 

Burden  of  proof  as  to  provisions  in  insur- 
ance policies  forbidding  use  of  intoxi- 
cating liquor.     15  L.R.A.  (N.S.)    212. 

Must  a  claimant  of  land  show  that  it  is  not 
included  within  the  exceptions  from  the 
grant  or  conveyance  on  which  he  relies. 
5  L.R.A. (N.S.)    156. 

Presumption  of  exemption  from  local  as- 
sessments of  public  property,  including 
schools.     18  L.R.A. (N.S.)   453. 

Burden  of  proof  when  the  defense  in  an 
action  to  recover  for  loss  or  injury  to 
goods  during  carriage  is  act  of  God  or 
vis  major.     L.R.A.i915D,  547. 

Presumption  and  burden  of  proof  as  to  self- 
defense  or  justification  in  a  civil  action 
for  •  intentional  killing  of  another. 
L.R.A.] 918A.   359. 

Consult  also  L.R.A.  Digests  of  Cases. 


d.  Concerning  persons. 
1.  Status,  relation,  or  condition. 

§  22.  Generally. 

As  to  relation  of  vice  principal.  54  L.R.A. 
61. 

Existence  of  relation  of  master  and  servant 
between  parent  and  child  committing 
tort.     10  L.R.A. (N.S.)    942. 

Does  fact  that  name  signed  to  bill  or  note 
below  signature  of  another  obligor  is 
that  of  a  partnership  raise  presumption' 
that  it  is  a  surety  only.  10  L.R.A. 
(N.S.)    426. 

Presumption  as  to  death  without  issue.  4 
B.  R.  C.  632. 

Making  prima  facie  case  of  responsibility 
for  negligence  of  driver  of  automobile 
by  proof  of  defendant's  ownership  of 
car  or  employment  of  driver.  46  L.R.A. 
(N.S.)   1091. 

Presumption  as  to  possibility  of  issue  aa 
affecting  property  rights.  48  L.R.A. 
(N.S.)   865. 

Burden  of  proof  of  condonation  of  matri- 
monial offense.    6  B.  R.  C.  674. 

Making  prima  facie  case  of  responsibility 
for  negligence  of  driver  of  automobile 
by  proof  of  defendant's  ownership  of 
car  or  employment  of  driver.  L.R.A. 
1918D,  924. 

Conclusive  presumption  of  dependency  with- 
in meaning  of  Workmen's  Compensa- 
tion   Statutes.      L.R.A.1918F,   491. 

§   23.  Citizenship. 

Presumption  of  citizenship  from  residence. 

8  L.R.A.(N.S.)    1245. 
Presumption    and    burden    of    proof    as    to 

citizenship  of  locator  of  mining  claim. 

7  IaR.A.(N.S.)   815. 

§   24.  As  to  legitimacy. 

Sufficiency  of  evidence  as  to,  see  infra, 
§  296. 

Proof  necessary  to  establish  bast£|.rdy  •f 
child  born  to  married  woman.  36 
L.R.A.(N.S.)    255. 

Status  of  child  begotten  after  ^divorce  be- 
tween  parents.     51   L.R.A. (N.S.)    308. 

2.  Character;    identity;    marriage; 
divorce. 

§2  5.  Character. 

Relevancy  of  evidence  as  to,  see  infra,  XII. 

c. 
Sufficiency  of  evidence  as  to,  see  infra,  XIII. 

c. 

Presumption  as  to  character  of  independent 

contractor.     65  L.R.A.  459. 
As  to  good  character  of  accused.     20  L.R.A. 

609;    46   L.R.A. (N.S.)    342. 

Presumption    and    burden    of    proof    as    to 

chastity  where  it  is  an  ingredient 

of   the    offense    or    a   condition    of 

conviction.     43    L.R.A.  (N.S.)    476. 


492 


INDEX  TO  L.R.A.  NOTES. 


K\1DEXCE,  III.  d,  2— cont'd 
§   26.  Identity. 

As  to   identity   of   person   from   identity  of 
name.    17  L.R.A.  824. 
.In  criminal  cases.    4  L.R.A.  (N.S.)  539. 

S   27.  Marriuge. 

Presumptions  flowing  from  marriage  cere- 
mony, see  infra,  §  28. 

SufRciency  of  evidence  as  to,  see  infra, 
§   295. 

Presumption  of  marriage  from  habit  and 
rei)Ute.     L.R.A. 1915E,  33,  72. 

Presumption  of  marriage  from  continued 
cohabitation  following  removal  of  im- 
ju'diment.     L.R.A.1915E,   91. 

Sufficiency  of  circumstantial  evidence  to  im- 
ply  marriage.      L.R.A.1915E,   60. 

Presumption  as  to  validity  of  former  mar- 
riage in  prosecution  for  bigamy.  9 
L.R.A.(N.S.)    1036. 

^  2  8.  Presumption  from  marriage 
ceremony. 

Presumptions  flowing  from  marriage  cere- 
mony. 14  L.R.A.  540;  16  L.R.A. (N.S.) 
98;  34  L.R.A.(N.S.)  940;  L.R.A.1915E, 
186. 

§   29.  Divorce. 

Burden  of  proof  where  divorce  decrees  are 
attacked.     L.R.A.1917B,  433. 

Presumption  from  marriage  ceremony  as  to 
dissolution  of  previous  marriage  by  di- 
vorce. 14  L.R.A.  543;  16  L.R.A. (N.S.) 
106;  34  L.R.A.  (N.S.)  940;  L.R.A. 
1915E,  186. 

3.  Death;    survivorship;    suicide. 

§   30.  Deatli. 

Presuniption  as  to  death  of  former  spouse. 
14   L.R.A.   542;    16  L.R.A. (N.S.)    105; 
L.R.A.1915E,  ]86. 
Presumption  of  death  from  absence.    L.R.A. 
1915B,  729. 
Necessity  of  inquirv  to  raise  presump- 
tion.     2     L.R.A.  (N.S.)      809;     28 
L.R.A.  (N.S.)      178;     L.R.A.1915B, 
740. 
EfTect   of   presumption    of   death    from   ab- 
sence  upon   payment   of  life   insurance 
premiums,  filing  proofs,  and  operation  ; 
of    Statutes    of    Limitations.     L^R.A.  i 
1918B.  93. 
Abridgment  of  time  necessary  to  raise  pre- 
sumption of  death.     L.R.A.1915B. 
744. 
Place  from  which  absence  must  be  shown  in 
order     to     raise     presumption     of 
death.     L.R.A.1915B,  749. 
Presumption   as   to   time   of   death    of   one 
presumed  to  be  dead  after  seven  years' 
absence,   unheard   of.     26  L.R.A.('N.S  ) 
294;  L.R.A.1915B,  756. 
r.ap  in  record  title  as  remedied  by  presump- 
tion  of  death  or  of  death   without   is- 
sue.    38  L.R.A. (N.S.)    24. 
Presumption  that  drowning  of  insured  was 
aecidental.     42  L.R.A. (N.S.)    63.1 


Begin  -with,  this  Iwolc  on  every  lau  question 


EMDENCE,  III.  d,  3— cont'd 

Validity  of  by-law  of  mutual  benefit  society 
refusing  to  pay  indemnity  upon  pre- 
sumption of  death  from  seven  years' 
absence.  L.R.A.1915B,  793;  L.R.A. 
1917C,  1032. 

Burden  of  proving  death  of  employee  in  pro- 
ceedings under  Workmen's  Compensa- 
tion Act.    L.R.A.1917D,  113. 


§31.  Survivorship. 

Among  those  who  perish  in  common  calam- 
ity. 10  L.R.A.  550;*  51  L.R.A. 
863. 

§32.  Suicide. 

As  to  suicide.     35  L.R.A.  263. 


4:.  Assent;    authority;    license. 


§   33.  Assent. 

Presumption  of  assent  to  statement  of  ac- 
count retained  without  objection.  29 
L.R.A.(N.S.)  348;  L.R.A.1917C,  45.->. 

Circumstances  from  which  owner's  con.sent 
to  making  of  improvements  by  lessee  or 
vendee  niav  be  inferred.  23  L.R.A. 
(N.S.)  612;  L.R.A.1917D,  583. 

Presumption  of  consent  of  creditor  to  as- 
sumption of  debts  on  dissolution  of 
partnership.     48    L.R.A. (N.S.)    552. 

§   34.  Authority;  agency. 

Presumption  as  to  authority  of  one  found  at 
place  of  payment  designated  who  is  not 
in  possession  of  the  securities.  21 
L.R.A.(N.S.)    52. 

Burden  of  proof  as  to  authority  for  arrest 
in  action  for  false  imprisonment.  10 
L.R.A. (N.S.)    303. 

Presumption  as  to  authority  to  place  build- 
ing on  another's  land.  '9  L.R.A. (N.S.) 
603. 

Statutory  authority  to  commit  nuisance  not 
to  be  presumed.     70  L.R.A.  579. 

Presumption  of  agent's  authority  to  sell  in- 
toxicating liquor  in  violation  of  law. 
41  L.R.A.  672;  16  L.R.A. (N.S.)  786; 
20  L.R.A.(N.S.)  321;  33  L.R.A.(N.S.) 
419. 

As  to  power  of  insurance  agent  to  make 
parol  contract  of  insurance.  22  L.R.A. 
773. 

Inferring  from  usage  authority  of  insur- 
ance agent  to  bind  insured  by  trans- 
ferring risk  from  one  company  to  an- 
other represented  by  agent.  51  L.R.A. 
(N.S.)  539. 

Inference  of  employee's  authority  to  expel 
trespassers  from  his  practice  of  doing 
so.     34  L.R.A.(N.S.)    693. 

Presinnptive  agency  of  wife  to  purchase 
necessaries  arising  from  cohabitation. 
65  L.R.A.  .139:  47  L.R.A. (N.S.)  281. 

Presumption  that  a  contract  within  the 
powers  of  a  corporation  is  within  the 
authority  of  its  president.  7  L.R.A. 
(N.S.)  376. 


INDEX  TO  L.R.A.  NOTES. 


493 


EVIDENCE,  III.  d,  4— cont'd 

The  burden  of  allowing  tliat  use  upon  which 
an  easement  by  prescription  is  chiimed 
was  permissive,  and  not  under  claim  of 
right.  8  L.R.A.(N.S.)  149;  44  L.R.A. 
(N.S.)    98. 

Implication  of  child's  authority  to  bind 
parent  by  contracts  other  than  for 
necessaries  from  parent's  payment  of 
debt  contracted  by  child.  39  L.R.A. 
(N.S.)    884. 

Implication  of  child's  authoritj'  to  bind 
parent  by  contracts  other  than  those 
for  necessaries  from  use  of  father's 
name  on  notes,  etc.  39  L.R.A.  (N.S.) 
884. 

Presumption  of  continuance  of  agency.  1 
L.R.A. (N.S.)   891. 

Making  prima  facie  case  of  responsibility 
for  negligence  of  driver  of  automobile 
by  proof  of  defendant's  ownersliip  of 
car,  or  employment  of  driver.  46  L.R.A. 
(N.S.)    1091;  L.R.A.1918D,  924. 

Implied  authority  of  an  agent  for  the  sale 
of  personal  property  to  warrant  the 
same.      L.R.A. 1916C,    412. 

§    35.  —  of  attorney. 

Presumption  that  attorney  appearing  in  ac- 
tion has  full  authority  to  do  so.  21 
L.R.A.  848. 

Presumption  as  to  authority  of  attorney  to 
compromise  cause  of  action.  31  L.R.A. 
(N.S.)    o31. 

Presumption  as  to  authority  ot  attorney 
to  bind  client  bv  consent  decree.  46 
L.R.A. (N.S.)    753. 

§   36.  L/icense. 

Burden  of  proof  as  to  physician's  license  in 
suit  to  recover  for  services.     8  L.R.A. 

(N.S.)   1238. 

.3.  Knoivledge ;  notice;  sanity;  capacity; 
intent. 

§   3  7.  Knowledge  or  notice. 

As  to  master's  knowledge  as  element  of  neg- 
ligence.    41  L.R.A.  149. 

As  to  testator's  knowledge  of  contents  of 
his  will.     L.R.A.1918D,  747. 

That  new  promise  to  pay  note  after  failure 
to  give  notice  of  dishonor  was  made 
with  knowledge  of  the  laches.  29 
L.R.A.  314. 

As  to  knowledge  of  vein  or  lode  within 
placer  claims.     50  L.R.A.  292. 

Presumption  as  to  knowledge  of  nonexpert 
witness  to  handwriting.     63  L.R.A.  968. 

Necessity  of  proving  scienter  in  action  for 
fraud  in  misrepresentations  as  to  lo- 
cation of  property  sold.  38  L.R.A. 
(N.S.)    306. 

Presumption  of  notice  from  nature  or  word- 
ing of  telegram  that  negligence  in  re- 
spect thereto  might  cause  mental  an- 
guish.    49  L.R.A. (N.S.)   315. 

§   3  8.  Sanity;  capacity. 

Opinion      evidence      as      to,       see       infra, 

§§  189-193.  291,  292. 
Consult  also  L.R.A.  Digests  of  Cases. 


I  EVIDENCE,  III.  d,  5— cont'd 

I  Relevancy    of    evidence    as    to,    see    infra, 

j  §.254. 

1  Sufficiency    of    evidence    as    to,    see    infra, 

§§   291,  292,   297,   298,   316. 
Presumption   as   to   continuance,   see   infra, 

§  61a. 

Presumption  and  burden  of  proof  as  to  san- 
ity.    36  L.R.A.  721. 
As  to  sanity  at  time  of  marriage.     40 

L.R.A.  742. 
As    to    sanity    of    witness.     37    L.R.A, 
426;  46  L.R.A. (N.S.)  1030. 

As  to  mental  and  physical  conditions  of 
one  whose  dying  declarations  are 
offered  in  evidence.     56  L.R.A.  418. 

Presumption  as  to  whether  child  is  capable 
of  contributory  negligence.  L.R.A. 
1917F,  42. 

§   3  9.  —of  testator. 

Sufficiency    of    evidence    as    to,    see    infra, 

§  298. 

As  to  testamentary  capacity.  17  L.R.A, 
494:    36   L.R.A.   724,    733. 

Burden  of  proving  sanity  with  relation  to 
wills.     36  L.R.A.  733. 

As  to  effect  of  drunkenness  upon  testament- 
ary capacity.     39  L.R.A.  226. 

§   4  0.  — of  accused. 

Sufficiency  of  evidence  as  to,  see  infra, 
§  316. 

Presumption  and  burden  of  proof  as  to 
sanity  in  criminal  cases.  36  L.R.A. 
722,  727;   44  L.R.A.  (N.S.)    119. 

Burden  of  proof  on  issue  of  present  in- 
sanity of  defendant  in  criminal  prose- 
cution.    34  L.R.A.  (N.S.)    1115. 

Right  of  jury  to  abide  by  presumption  of 
defendant's  sanity  as  against  uncontra- 
dicted evidence  to  contrary.  24  L.R.A. 
(N.S.)    545. 

§   41.   Intent. 

Parol  evidence  as  to,  see  infra,  §  166. 
Opinion  evidence  as  to,  see  infra,  §  197. 
Relevancy    of    evidence    as    to,    see  .infra, 

§§  255,  256. 
Sufficiency    of    evidence    as    to,    see    infra, 

§  299. 

Presumed  intention  of  parties  to  contract 
with  carrier.     18  L.R.A. (N.S.)   880. 

Presumption  of  general  intent  from  record- 
ing deed  or  delivering  for  record.  54 
L.R.A.   885.      ■ 

As  to  intent  characterizing  omission  of  in- 
ternal  revenue  stamp.     48  L.R.A.   309. 

Necessity  of  proving  that 'intent  to  charge 
for  services  rendered  by  relative  or 
member  of  household  was  entertained 
at  time  of  their  rendition.  11  L.R.A. 
(N.S.)    911. 

Inference  of  fraudulent  intent  from-  gran- 
tee's oral  promise  to  grantor  to  hold  in 
trust.     39  L.R.A. (N.S.)    911. 

Of  creditors'  participation  in  debtor's 
fraudulent  intent  in  making  transfer.. 
31  L.R.A.  646;   ^2  L.R.A.  71. 


494 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  III.  d,  5— cont'd 

Inference  of  intent  to  sell  intoxicating 
liquor  from  possession.  39  L.R.A. 
(N.S.)    534. 

Intent  of  one  purchasing  goods  with  knowl- 
edge that  he  cannot  pay  for  them.  44 
L.R.A.(N.S.)    21. 

Presumption  and  burden  of  proof  in  action 
on  insurance  policy  exempting  insurer 
or  limiting  its  liability  in  case  of  in- 
jury intentionally  inflicted  by  another. 
48   L.R.A.(N.S.)    524. 

As  to  intent  of  grantor  in  case  oi  convey- 
ance to  one  and  his  children  to  give  the 
children  an  estate  jointly  or  in  com- 
mon with  the  parent  or  a  remainder 
upon  a  life  estate  in  the  parent.  L.R.A. 
1917B,  78. 

f  42.   —  of  testator. 

Parol  evidence  as  to,  see  infra,  §  167. 
Eelevancy    of    evidence    as    to,    see    infra, 
§  257. 

Presumption    of    intent    to    revive    revoked 

will.     37  L.R.A.  577. 
Presumption    as    to    testator's    intent    to 

adeem    general     legacy    bv    gift.       38 

L.R.A.(N.S.)  589;  L.R.A.1916C,  618. 
Presumption    of    satisfaction    of    debt    by 
legacy  or  devise  to  creditor.     L.R.A, 
1915B,   1156. 
Presumptive  meaning  of  testamentary  gift 

to  one  and  his  children.     L.R.A.1917B, 

50. 

9.  Malice;  motive;  probable  cause. 

§  48.  Malice. 

Relevancy  of  evidence  as  to,  see  infra, 
§  261. 

Wh^i  malice  may  be  inferred  in  action  for 
malicious  prosecution.  9  L.R.A. (N.S.) 
1087. 

Instruction,  in  action  for  malicious  prosecu- 
tion, that  malice  may  be  inferred  from 
want  of  probable  cause.  L.R.A.1918A, 
872. 


§  43a.  —  lu  libelous  stutement. 

Presumptions  and  burden  of  proof  where 
action  for  defamation  is  brought  in 
respect  to  statements  made  in  character 
of  witness.     4  B.  R.  C.  971. 

May  malice,  which  precludes  qualified  privi- 
lege be  inferred  from  publication  alone. 
12  L.R.A.(N.S.)  91. 

Circumstances  from  which  malice  in  giving 
or  refusing  information  as  to  char- 
acter or  reputation  of  servant  may  be 
inferred.     4' L.R.A. (N.S.)    1115. 

Where  communication  is  qualifiedly  privi- 
leged.    3  L.R.A.(N.S.)   696. 


§   44.  —from   act  of  killing. 

Presumption    of    malice    from    killing.      4 

L.R.A.  (N.S.)   934. 
Presumption   as  to  implied  malice  arising 

from  act  of  killing.     38  L.R.A. (N.S.) 

1077. 
Begin  tcith  this  boole  on  every  law  question. 


EVIDENCE,  III.  d,  6— cont'd 
§  45.  Motive. 

Relevancy  of  evidence  as  to,  see  infra,  §  258. 
Of  proper   motive   of   teacher   in   punishing 
pupil.     65  L.R.A.  894. 

§  46.  Probable  cause. 

Sufficiency  of  evidence  as  to,  see  infra,  §  303. 

When  malice  may  be  inferred  in  action  for 
malicious  prosecution.  9  L.R.A. (N.S.) 
1087. 

Effect  on  presumption  of  probable  cause  for 
prosecution  of  fact  that  conviction  was 
procured  by  fraud,  perjury,  or  other  un- 
due means.     15  L.R.A. (N.S.)    1143. 

Effect  of  release  without  prosecution  to  cre- 
ate presumption  of  want  of  probable 
cause.  12  L.R.A. (N.S.)  717;  L.R.A. 
1918D,  1137. 

Discharge  of  accused  by  examining  magis- 
trate as  evidence  of  want  of  probable 
cause.  64  L.R.A.  481;  3  L.R.A. (N.S.) 
929. 

7.  Fraud  or  good  faith;  undue  influ- 
ence. 

§   47.  Fraud  generally. 

Parol  evidence  as  to  fraud,  see  infra,  §  177. 
Relevancy  of  evidence  as  to,  see  infra,  §  259. 
Sufficiency    of    evidence    as    to,    see    infra, 
§  301. 

Power  of  legislature  to  enact  prima  facie 
rules  of  evidence  as  to  fraud  in  crim- 
inal cases.     L.R.A.1915C,  732,  733. 

Necessity  of  proving  fraud  in  civil  action. 
33  L.R.A.  (N.S.)    837. 

Of  broker.    45  L.R.A.  53. 

In  inspection  of  negotiable  instrument.  10 
L.R.A.  679;*   17   L.R.A.  328. 

In  respect  to  will.     36  L.R.A.  737. 

Necessity  of  proving  scienter  in  action  for 
fraud  in  misrepresentations  as  to  lo- 
cation of  property  sold.  38  L.R.A. 
(N.S.)  306. 

Of  one  purchasing  goods  with  knowledge 
that  he  cannot  pay  for  them.  44  L.R.A. 
(N.S.)    21. 

Presumption  from  fact  of  immediate  de- 
parture from  state  after  procuring  di- 
vorce.     44    L.R.A. (N.S.)    689. 

Burden  of  proof  where  conveyance  of  wife's 
real  property  to  liusband  through  a 
third  person  is  attacked.  L.R.A.1915C, 
771. 

Burden  of  proof  as  to  payment  of  value 
by,  or  notice  of  fraud  to,  subvendee  of 
chattels,  when  original  seller  seeks  to 
rescind  for  fraud  of  first  purcliaser. 
8  L.R.A.(N.S.)    448. 

Necessity  of  proving  fraud  in  use  of  geo- 
graphical name  as  a  trademark  or  trade 
name  or  on  the  ground  of  unfair  compe- 
tition.    26  L.R.A.(N.S.)    75. 


§   48.  Fraud  of  creditors. 

SuflBciency    of    evidence    as    to,    see    infra, 
§  302. 

In  transfer   of   propertv  by   debtor   in   sat- 
isfaction of  debt.     36  L.R.A.  361. 


INDEX  TO  L.E.A.  NOTES. 


495 


EVIDENCE,  III.  d,  7— cont'd 

Kebuttal  of  presumption  of  acceptance  of 
assignments  hindering,  delaying,  or  de- 
frauding creditors.     24  L.R.A.  376. 

As  to  participation  by  transferee  in  fraudu- 
lent intent  of  debtor  in  making  trans- 
fer.    31  L.R.A.  646;    32  L.R.A.   71. 

Burden  of  proof  as  to  conveyance  by  hus- 
band in  fraud  of  wife's  support  when 
bona  fides  are  alleged.  18  L.RA. 
(N.S.)    1155. 


§  49.  —  from   retention   of   possession. 

May  presumption  of  fraud  following  from 
retention  of  chattel  by  vendor  be 
overcome.     24   L.R.A.  (N.S.)    1127. 


§  50.  — burden  of  proving  husband's 
debt  on  account  of  property  re- 
ceived from  wife. 

Trf  contests  between  themselves  or  persons 
claiming  under  them.  56  L.R.A. 
817. 

In  contests  with  creditors.     66  L.R.A.  823. 

Exceptions  to  the  above  rules.  56  L.R.A. 
845. 


§   51.  Good  faith. 

Burden  of  showing  good  faith  on  privileged 
occasion.     3  L.R.A. (N.S.)   696. 

Burden  of  proving  good  faith  on  holder  of 
negotiable  instrument.     17  L.R.A.  328. 

Does  fact  that  negotiable  instrument  was, 
contrary  to  agreement,  transferred  be- 
fore happening  of  a  certain  contingency 
impose  burden  of  proof  as  to  bona  fides 
upon  t!ie  holder.     22  L.R.A. (N.S.)   718. 

Burden  of  proof  as  to.  bona  fides  of  trans- 
feree of  warehouse  receipts  for  property 
secured  by  fraud.  10  L.R.A. (N.S.) 
801. 

Burden  of  proof  as  to  bona  fides  of  pur- 
chaser claiming  against  prior  un- 
recorded conveyance  or  encum- 
brance.    36  L.R.A. (N.S.)    1124. 

Burden  of  proof  as  to  good  faith  of  one 
accused  of  larceny  who  claims  to  have 
taken  the  property  in  good  faith  under 
an  honest  claim  of  right.  41  L.R.A. 
(N.S.)    554. 

§   52.  Undue  influence. 

Relevancy  of  evidence  as  to,  see  infra,  §  260. 
Sufficiency    of    evidence    as    to,    see    infra, 
§  300. 

Presumption  and  burden  of  proof  as  to  un- 
due influence  respecting  gifts  inter 
vivos    from    parent   to    child.      35 
L.R.A. (N.S.)    944. 
Character  of  presumption  as  to  undue  influ- 
ence   in    gift   to    mistress.      11    L.R.A. 
(N.S.)  554. 
Burden   of  proof  as  to  undue  influence   in 
conveyance  or  transfer  of  property  in 
consideration  of  support  of  the  grantor 
or    a   third    person.      52    L.R.A.  (N.S.) 
476. 
'<:!onsult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  III.  d,  7— cont'd 

Burden  of  proof  where  conveyance  of  wife's 
real  property  to  husband  through  a 
third  person  is  attacked.  L.R.A. 1915C, 
77L 


§   53.  —  on   testator. 

In  respect  to  will.     36  L.R.A.  737. 

Presumption  of  undue  influence  from  un- 
natural testamentary  disposition.  6 
L.R.A.  (N.S.)  202;  22  L.R.A.  (N.S.) 
1024. 

Character  of  presumption  in  bequest  to  miij- 
tress.     11   L.R.A. (N.S.)    554. 

Inference  of  undue  influence  from  meretri- 
cious relations  between  testator  and 
beneficiary.     17  L.R.A. (N.S.)    477. 

Effect  on  burden  of  proof  of  circumstance 
that  one  benefited  by  will  was  the 
draftsman  thereof  or  active  in  procur- 
ing its  execution.  28  L.R.A.  ( N.S.  i 
275,  284,  288. 


S.  Truth;  falsity;  innocence;  guilt.   ^ 

§   54.  Truth. 

Instruction  that  witness  is  presumed  to 
speak  truth  as  invading  province  of 
jury.     14  L.R.A. (N.S.)   947. 

Burden  of  establishing  defense  of  falsity  of 
statements  by  insured  respecting  fam- 
ily history.    L.R.A.1917C,  876. 

§   5  5.  Innocence. 

In    habeas    corpus    proceeding.      22    L.R.A. 

678. 
In  civil  action.     33  L.R.A.(N.S.)    841. 
In  proceeding  to  punish  criminal  contempt. 

L.R.A.1917B,  122. 

§   55a.  Guilt. 

Flight  as  creating  presumption  of  guilt. 
39  L.R.A.(N.S.)    58. 

Production  of  bill  of  sale  as  repelling  in- 
ference or  presumption  of  guilt  from 
possession  of  recently  stolen  property. 
39  L.R.A.(N.S.)    320. 

Presumption  and  burden  of  proof  in  bas- 
tardy proceedings.    L.R.A.1918C,  891. 


9.  Against  suppressor  or  destroyer  of 
evidence. 


§   56.  Generally. 

Presumption  from  failure  to  produce  evi- 
dence.    14  L.R.A.  470. 

Where  a  party  fails  to  introduce  documen- 
tary (the  "best")  evidence  which  would 
properly  be  a  part  of  the  case.  34 
L.R.A.  582. 

Where  a  party  fails  to  prorluce  evidence 
after  demand  or  notice  by  the  party 
entitled  to  the  production  thereof.  34 
L.R.A.  581. 

Where  a  party  adversely  interested  destroys 
or  witliholds  evidence  to  which  the  ad- 
versary is  entitled.     34  L.R.A.  585. 


4<.)f> 


INDEX  TO  L.K.A.  NOTES. 


FS^IDENCE,  III.— cont'd 

e.  Corporate  matters;  carriers. 

g   5  7.  Generally. 

As  to   incorporation.     22  L.R.A.   276. 

Presumption  that  a  contract  within  the 
powers  of  a  corporation  is  within  the 
authority  of  its  president.  7  L.R.A. 
(N.S.)  376. 

As  to  fairness  of  contracts  between  corpora- 
tions having  common  directors  or  offi- 
cers.    33  L.R.A.  796. 

As  to  negligence  of  corporate  directors.  56 
L.R.A.  758. 

g   58.  As  to  quorum. 

Presumption  as  to  quorum  for  meeting  of 
stockholders.     21  L.R.A.  175. 

g   59.  Matters  relating  to  carriers. 

Negligence  of  carrier,  see  infra,  §§  70,  71. 

Presumed  intention  of  parties  to  contract 
with   carrier.      18   L.R.A.  (N.S.)    880. 

/.  Cause;  continuance. 


g   60.  Cause. 

Relevancy    of 

§  248. 


evidence    as    to,    see    infra, 


56 


As  to  cause   of   delay   in   prosecution. 
L.R.A.  536. 

Burden  of  proving  cause  of  loss  of  insured 
property  in  case  of  explosion.  38 
L.R.A.  (N.S.)  477. 

Burden  of  proof  under  fall  of  building 
clause  in  fire  insurance  policios.  32 
L.R.A.(N.S.)    608;    L.R.A. 1917F,    1065, 

Possible  inference  that  accident  to  servant 
was  due  to  negligence  of  fellow  servant. 
6  L.R.A.  (X.S.)    .354. 

Burden  of  proof  when  the  defense  in  an 
action  to  recover  for  loss  or  injury  to 
goods  during  carriage  is  act  of  God  or 
vis  major.     L.R.A.1915D,  547. 

Possible  inference  tliat  accident  to  servant 
was  due  to  negligence  of  fellow  servant. 
L.R.A.1917E,  52,  194,  208,  215,  2.32,  241, 
249. 

Burden  of  proving  cause  of  death  or  injury 
in  proceedings  under  Workmen's  Com- 
pensation Act.     L.R.A.1917D,  113. 

g   61<  Continuance. 

Presumption   of  continuance  of  agency.     1 

L.R.A.(N.S.)    891. 
Presumption    of    continuance    of    marriage. 

16  L.R.A.{N.S.)  101,  105;  L.R.A.1915E, 

186. 

8   61a.  —of  insanity. 

Habitual  insanity.     35  L.R.A.  117. 

Temporary  insanity.     35  L.R.A.  119. 

Habitual  and  temporary  insanity  distin- 
guished.    .35  L.R.A.  'l20. 

Alcoholism  and  alcoholic  insanity.  35 
L.R.A.  122. 

Presumption  of  continuance  of  a  lucid  in- 
terval.   35  L.R.A.  123. 

Nature  of  the  presumption.  35  L.R.A. 
123. 

Begin  uHth  this  booTc  on  every  late  question 


EVIDENCE,  III.— cont'd 
g.  Care;  negligence;  res  ipsa  loquitur^ 
1.  Of    person    causing    injury, 
(a)   In  general. 

g   62.  Generally. 

Opinion  evidence  as  to,  see  infra,  VllI,  g. 
Relevancy  of  evidence  as  to,  see  infra,  XII, 

g- 
Sufficiency    of    evidence    as    to,    see    infra, 
XIII,  b. 

What  law  governs.     56  L.R.A.  223. 

Power  of  legislature, to  make  injury  prima 

facie  evidence  of  negligence.     32  L.R.A. 

(N.S.)    226. 
As  to  insufficiency  of  statutory  precautions 

to  prevent  injury.     21  L.R.A.  724. 
Applicability   of   rule   res   ipsa   loquitur   in 

the    absence    of    contractual    relations. 

15  L.R.A.  33;  6  L.R.A. (N.S.)    800. 
Pleading    particular    cause    of    injury    as 

waiver  of  riglit  to  rely  on  res  ipsa  lo- 
quitur.    24   L.R.A. (N.S.)    788;    L.R.A 

1915F,  992. 
Relation    of    doctrine   res  'ipsa    loquitur   to 

burden  of  proof.     16  L.R.A.  (N.S.)   527: 

L.R.A.191GA,  930. 
May  negligence  be  inferred  from  mere  fact 

that   a    horse    runs   away.      39    L.R.A. 

(N.S.)  574. 

§   63.  In  case  of  injury  by  electricity. 

Presumption  of  negligence  from  injury  to 
person  from  broken  or  fallen  wires.  15 
L.R.A.  33. 

As  to  broken  or  fallen  electric  wires  in  hlgli- 
way.     31   L.R.A.  576. 

Applicability  of  rule  res  ipsa  loquitur  to 
accidents  on  highway  due  to  disordered 
electrical  appliances.  22  L.R.A.  (N.S.) 
1178;  32  L.R.A. (N.S.)   1043. 

Applicability   of   rule  res   ipsa   loquitur   to 

accidents    on    private    proi)(?rty    due   to 

.     escape    of    tVctricity    from    disordered 

electrical  appliances.     22  L.R.A. (N.S.y 

1183;  32  L.R.A.  (N.S.)    848. 

Applicability  of  res  ipsa  loquitur  in  case  of 
injury  to  servant  by  electrical  ap- 
pliances.   L.R.A.] 917E,  248. 

Presumption  of  negligence  from  injury  to 
passenger  by  escaping  electricity.  2 
L.R.A.  (N.S.)  836;  12  L.R.A.  (N.S.) 
760;  13  L.R.A. (N.S.)  615;  L.R.A.1916C, 
376. 

g   64.  Injury   by   explosion. 

Respecting  escape  and  explosion  of  gas.     29 

L.R.A.  345. 
Presumption   of   negligence   from    injury  to 

person  by  explosion.     15  L.R.A.  35. 
Applicability   of   rule   res   ipsa   loquitur   to- 

explosion  of  bottle.    L.K.A. 1916E,  1078. 
Presumption   of  negligence   from    iTijury  to 

passenger  by  explosion.     15  L.R.A.  38; 

13  L.R.A. (N.S.)    615:   29  L.R.A. (N.S.) 

815;  L.R.A.1916C,  377. 
Applicability  of  res  ipsa  loquitur  in  case  of 

injury  to  servant  by  explosion.     L.R.A. 

1917E,  186. 


INDKX  TO  L.R.A.  NOTES. 


40: 


EVIDENCE,  III.  g,  1    (a)— cont'd 
§    65.   On  elevator. 

Presumption  of  negligence  from  injury  to 
passenger  l)v  elevator.  2  L.R.A.  (X.S.) 
748:  l:i  L.R.A.(N.S.)  6]9;  2!)  L.R.A. 
(N.S.)  816;  L.R.A.1915E,  724;  L.R.A. 
1916C,  378. 

§   66.   Of   innkeeper. 

Presiunption  of  negligence  of  innkeeper 
from  injury  to  guest  or  liis  property. 
20  L.R.A.(N.S.)  1027;  43  L.R.A. (N.S.) 
662. 

§    6  7.   Of  storekeeper. 

Applicability  of  rule  res  ipsa  loquitur  as  be- 
tween storekeeper  and  customer.  16 
L.R.A.(N.S.)  931;  L.R.A.1915F,  577. 

§    68.  Of   manufacturer. 

Applicability  of  rule  res  ipsa  loquitur  in  ac- 
tion for  personal  injuries  from  defects 
in  articles  manufactured  or  sold  by  the 
defendant.     28  L.R.A. (N.S.)   949. 

§    6  9.   Of    i)Iiyslcian    or    surgeon. 

As  to  skill  of  phvsician  or  surgeon.  37 
L.R.A.   837. 

Proof  necessary  to  discharge  the  burden 
resting  upon  plaintiff,  in  action  against 
a  physician  for  malpractice,  to  show 
that  the  negligence  or  unskilfulness 
of  the  physician  caused  or  contributed 
to  the  death  or  injury  of  the  patient. 
15  L.R.A. (N.S.)    416. 

(b)    Of  carriers. 

§    7  0.  To  passenger. 

Presumption  of  negligence  from  injury  to 
passenger.  15  L.R.A.  35;  13 
L.R.A. (N.S.)  601:  29  L.R.A. (N.S.) 
808;  L.R.A.1916C,  364. 

Kes  ipsa  loquitur  as  applied  to  disorder  of 
electrical  appliances.  2  L.R.A. (N.S.) 
836;  12  L.R.A. (N.S.)  760;  13  L.R.A. 
(N.S.)   615;  L.R.A.1916C,  376. 

Presumption  of  negligence  in  case  of  in- 
jury to  passenger  by  missile  thrown 
ifroin  outside.     7  L.R.A.  (N.S.)    231, 

Presumption  of  negligence  from  injury  of 
passenger  by  door  of  vehicle.  L.R.A. 
1918D,  529. 

Applicability  of  doctrine  of  res  ipsa  loquitur 
where  passenger  is  injured  by  instru- 
mentality introduced  by  anotlier  pas- 
senger.    3  B.  R.  C.  428. 

Applicability  of  doctrine  of  res  ipsa  loquitur 
where  accident  to  passenger  is  occa- 
sioned by  skidding  of  vehicle.  3  B.  R. 
C.  97. 

§    71.  To  freight  or  baggage. 

As  to  injury  to  livestock  during  transpor- 
tation.    17  L.R.A.  339. 

Failure  of  carrier  to  deliver  goods  to  con- 
signee as  prima  facie  evidence  of  negli- 
gence and   liability.      13   L.R.A.   33. 

Burden  of  proof  as  to  negligence  where 
prcjierty  is  destroyed  while  in  the  pos- 
session of  a  carrier  holding  as  a  ware- 
houseman,     22    L.R.A. (N.S.)     975. 

Consult  also  L.R.A.  Digests  of  Cases.    32 


EVIDENCE,  III.  g,  1    (b)— cont'd 

Burden  of  jjroof  wlien  the  defense  in  an  ac- 
tion to  recover  for  loss  or  injury  to 
goods  during  carriage  is  an  act  of  God 
or  vis  major.     29  L.R.A. (N.S.)    663. 

Presumption  and  burden  of  proof  as  to 
where  loss  or  damage  occurred  in  case 
of  connecting  carriers.  31  L.R.A. 
(N.S.)    102. 

As  to  liabilitv  of  common  carrier  forJiag- 
gage.     36*^  L.R.A.  781. 

Burden  of  proving  negligence  in  case  of 
loss  of  hand  baggage  or  other  effects  iv, 
the  custodv  or  control  of  a  passenyer. 
L.R.A.]  915B,   611;    L.R.A,1918B,    1063. 

§  71a.  — in  case  of  contract  limiting 
liability. 

Presumption  and  burden  of  proof  as  to 
carrier's  negligence  or  lack  of  neg- 
ligence in  case  of  contract  limiting 
its  liability.     L.R.A.1915D,  644. 


(c)    Railroads;  street  railways. 

§    72.  Railroads. 

Power  of  legislature  to  make  injury  to 
person  prima  facie  evidence  of  negli- 
.gence.      32    L.R.A. (N.S.)    226. 

Negligence  of  railroad  operating  longi- 
tudinally along  street.  49  L.R.A.  (N.S.) 
688. 


§    73.  — injury  to  livestock. 

Presumption  of  negligence  from  injury  to 
livestock  by  railway  trains.  15  L.R.A. 
39. 

Necessitj'  of  affirmative  proof  of  negligence 
in  leaving  gate  of  railroad  fence  open. 
49  L.R.A.  638. 

Negligence  as  to  cattle  guards.  L.R..A. 
1915B,  135. 

Power  of  legislature  to  make  killing  'of 
stock  prima  facie  evidence  of  negli- 
gence.    32  L.R.A. (N.S.)   227. 

§7  4.  —fires. 

Presumption  of  negligence  by  railway  fires. 
15  L.R.A.  40. 

Power  of  legislature  to  make  injury  by 
fire  from  locomotive  prima  facie  evi- 
dence of  negligence.  32  L.R.A. (N.S.) 
227. 

Does  presumption  of  negligence  arising  from 
fact  that  fire  was  set  by  railroad  com- 
pany's locomotive  necessarily  make  the 
question  of  negligence  one  for  the 
jury.     5   L.R.A. (N.S.)    99. 

§    7  5.  Street   railways. 

In  case  of  injury  by  defect  in  street  rail- 
way track.     15   L.R.A.(N.S.)    844. 

As  to  negligence  of  street  railway  company 
in  case  of  defects  in  track  or  street.  52 
L.R.A.  456. 

In  case  of  injury  to  one  other  than  pas- 
senger struck  by  object  hurled  by  car. 
L.R.A.1915B,   1111. 


498 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  III.  g,  1   (c)— cont'd 

ii   7  5a.  Klovated   railways. 

Rule  of  res  ipsa  loquitur  as  applied  to  per- 
Hoiiul  injury  by  elevated  railway  com- 
pany to  person  on  surface  of  street.  42 
L.R.A.(N.S.)   91. 

(d)   On  highway. 

§   T6.  Generally. 

Itelevaney  of  evidence  as  to,  see  infra,  §  267. 

Presumption  of  negligence  from  accident. 
15  L.R.A.  33. 

Rea  ii)sa  loquitur  in  action  for  injury  on 
highway.     43   L.R.A.(N.S.)    591. 

Applicability  of  rule.  Res  ipsa  loquitur,  to 
accidents  on  highway,  due  to  dis- 
ordered electrical  appliances.  22 
L.R.A.(N.S.)  1178;  32  L.R.A.(N.S.) 
1043. 

Applicability  of  rule,  Rea  ipsa  loquitur  to 
injury  by  automobile  or  otlier  vehicle 
on    highway.      32    L.R.A.(N.S.)     1177. 

Burden  of  proof  in  action  for  injury  re- 
ceived through  collision  of  automobile 
and  horse,  or  through  horse  becoming 
friglitened  by  automobile.  48  L.R.A. 
(N.S.)    968. 

Applicability  of  maxim,  Res  ipsa  loquitur, 
to  caving  in  or  sinkiuir  of  surface  of 
street.     23  L.R.A.  (N.S.)    1022. 

May  negligence  be  inferred  from  mere  fact 
that  a  horse  runs  away.  215  L.R.A. 
(N.S.)   171. 

Leaving  horse  unhitched  in  highway  as  pri- 
ma facie  evidence  of  negligence.  10 
L.R.A.  (N.S.)   850. 

Negligence  of  railroad  company  operating 
trains  longitudinally  along  public 
street.    49  L.R.A. (N.S.)  688. 

(e)    Of  master. 

§   7  7.  Generally. 

Relevancy  of  evidence  as  to,  see  infra,  §  268. 

As  to  master's  knowledge  as  element  of  neg- 
ligence.    41   L.R.A.  149. 
As  to  care  and  selection  of  coemployee.     25 

L.R.A.  717. 
Applicability  of  maxim  Res  ipsa  loquitur  as 
between     master    and    servant.     6 
L.R.A. (N.S.)  337;  16  L.R.A.(N.S.) 
214;  L.R.A.1917E,  4. 

Applicability  in  case  of  injury  by  ex- 
plosion.    L.R.A. 1917E,  187. 

Applicability  in  case  of  injury  by  fall- 
ing object.     L.R.A.1917E,  201. 

Applicabilitv   to    fall    of   bridse.        28 
L.R.A. (N.S.)  591. 

Applicabilitv    to    fall    of    scaffold.      28 
L.R.A. (N.S.)  686. 

In    case    of    injury    by    derailment    of 
rolling  stock.     L.R.A.1917E,  212. 

In  case  of  injury  from  defects  in  roll- 
ing stock.     L.R.A.1917E.  226. 

In  case  of  injury  by  breaking  of  rope, 
chain,  etc.     L.R.A.1917E,  239. 

In    case    of    injury    by    electrical    ap- 
pliances.    L.R.A.1917E,  248. 


Begin  with  this  hooJc  on  every  laxo  question. 


EVIDENCE,  III.  g,  1  (e)— cont'd 
Presumption  of  negligence  of  master  from 
unexplained  starting  of  machinery  in- 
juring servant.  1  L.R.A.  (N.S.)  298; 
44  L.R.A.(N.S.)  1050. 
Pleading  particular  cause  of  injury  as 
waiver  of  right  to  rely  on  res  ipsa  lo- 
quitur. 24  L.R.A. (N.S.)  788;  L.R.A. 
lOlSF,  992. 

§    7  8.  Incompetency  of  servant. 

May  incompetency  of  a  minor  to  perform 
the  duties  of  a  particular  employment 
be  inferred  from  his  minority  alone. 
20  L.R.A.(N.S.)    331. 

May  breach  of  duty  to  employ  or  retain 
none  but  competent  servants  be  inferred 
from  the  fact  of  their  incompetency. 
20  L.R.A.(N.S.)   322. 

Possible  inference  tliat  accident  to  servant 
was  due  to  negligence  of  fellow  serv- 
ant. 6  L.R.A.(N.S.)  354;  L.R.A.1917E, 
52,  194,  208,  215,  232,  241,  249. 

(f)    Miscellaneous. 

§7  9.  Generally. 

Necessity  of  proving  negligence  in  mode  of 
keeping  animal  known  to  be  dangerous. 
2  B.  R.  C.  21. 

Presumption  of  negligence  from  accident  to 
persons  on  defendant's  premises  and 
elsewhere  than  in  highway.  15  L.R.A. 
34. 

As  to  negligence  of  directors  of  corpora- 
tion.    55  L.R.A.  758. 

Application  of  rule  of  res  ipsa  loquitur  in 
case  of  fall  of  wall  of  building  left 
standing  after  fire.     L.R.A.1915C,   709. 

Presximption  of  negligence  from  personal  in- 
jury to  guest  at  inn.  43  L.R.A. (N.S.) 
662. 

Presumption  and  burden  of  proof  as  to 
care  or  negligence  in  respect  to 
subject  of  bailment.  43  L.R.A. 
(N.S.)   1168. 

2.  Contributory    negligence. 

(a)  In  general. 

§   80.  Generally. 

Relevancy  of  evidence  as  to,  see  infra, 
§  269. 

Burden  of  proof  as  to  contributory  negU- 
gence.  33  L.R.A.  (N.S.)  1085. 
Relation  between  presumption  of  care 
and  burden  of  proof  as  to  contrib- 
utory negligence.  33  L.R.A. (N.S.) 
1097. 
As   to   intoxication   as   affecting  negligence. 

40  L.R.A.  142;  47  L.R.A. (N.S.)    740. 
Contributory    negligence    of    child.     L.R.A. 
1917F,  42,  76. 

§  81.  Of  person  killed  by  another's 
negligence. 

As  to  exercise  of  due  care  by  person  found 
to  have  been  killed  through  al- 
leged negligence  of  another.  16 
L.R.A.  261. 


INDEX  TO  L.R.A.  ^Ol-ES. 


499 


EVIDENCE,  III.  g,  2   (a)— cont'd 

Right  to  rely  on  presumption  of  solf-preser- 
vation  in  an  action  for  negligent  kill- 
ing, in  order  to  prevent  nonsuit,  where 
there  were  no  eyewitnesses  to  the  kill- 
ing.    11  L.R.A.(N.S.)   844. 

Presumption  of  care  of  person  killed  at  rail- 
road crossing.     4  L.R.A.(N.S.)    344. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence of  person  injured  by  trains 
operated  longitudinally  along  public 
street.     49  L.R.A.(N.S.)    688. 

(b)    On  Uigliway. 

§   82.  Generally. 

Burden  of  proving  contributory  negligence 
on  defective  highway.  13  L.R.A.  (N.S.) 
1260. 

Burden  of  proof  as  to  contributory  negli- 
gence in  action  against  municipality  on 
account  of  defects  and  obstructions  in 
streets.  21  L.R.A.  (N.S.)  673;  48 
L.R.A. (N.S.)    639. 

Right  of  pedestrian  to  rely  upon  presump- 
tion of  exercise  of  due  care  by  one  driv- 
ing in  street.     39  L.R.A. (N.S.)   166. 

Presumption  and  burden  of  proof  as  to  neg- 
ligcnrc  of  person  injured  bj'  trains 
operated  longitudinally  along  public 
street.    49  L.R.A.(N.S.)  688. 

(c)  Of  servant, 

«   83,  Generally. 

Presumption  of  contributory  negligence 
from  servant's  knowledge  of  defects 
and  resulting  dangers.    49  L.R.A.  37. 

Burden  of  proof  as  to  contributory  negli- 
gence under  fellow  servant  act.  33 
L.R.A.(N.S.)    1219.. 

Burden  of  proof  as  to  contributory  negli- 
gence under  employers'  liability  acts. 
33  L.R.A.  (N.S.)    1218. 

Presumption  as  to  servant's  knowledge 
that  molten  metal  is  liable  to  explode. 
27  L.R.A.(N.S.)   953. 

Presumption  and  burden  of  proof  as  to  ca- 
pacity of  minor  servant  to  comprehend 
and  avoid  danger  29  L.R.A.  (N.S.) 
487. 

Possible  inference  that  accident  to  servant 
was  due  to  his  own  negligence.  6 
L.R.A.(N.S.)  354;  L.R.A.1917E,  52, 
194,  208,  215,  232,  241,  249. 

(d)  Of  parent. 

t   84.  Generally. 

Unexplained  presence  of  unattended  child 
non  sui  juris  in  place  of  danger  as 
prima  facie  evidence  of  negligence  on 
part  of  parents.     16  L.R.A. (N.S.)   395. 

Ji.  As   to   official   acts. 

§   85.  Generally, 

Presumption  of,  to  regularity  of  proceed- 
ings before  grand  jury.  26  L.R.A. 
(N.S.)    684. 

Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  IIL  h— cont'd 

Statute  creating  conclusive  presumption  as 
to  validity  of  tax  sale  under  proceed- 
ings void  for  jurisdictional  defects 
where  possession  has  not  been  taken.  8 
L.R.A.  (N.S.)    157. 

§  86.  Burden  of  proof  in  action  to  re- 
cover for  failure  to  execute  |>rocess. 

Mesne  process.     3  L.R.A. (N.S.)   420. 
Final  process.     3  L.R.A. (N.S.)   422. 

§   87.  Judicial  matters. 

Presumption  as  to  jurisdiction  where  record 
shows  defect.     1  L.R.A. (N.S.)   740. 

§   88.  From  judgment. 

Judgment  as  prima  facie  evidence  of  debt. 
67  L.R.A.  590. 

Judgment  against  officer  as  prima  facie 
evidence  against  surety  on  official  bond. 
52  L.R.A.  170,  184,  187. 

Judgment  against  one  as  prima  facie  evi- 
dence of  amount  of  damages  against 
.  another  liable  over  who  had  no  notice 
of  the  original  suit.  16  L.R.A.(N.S.) 
911. 

i.  As  to  rights,  contracts,  instruments, 
and  property. 

1,  In  general. 

§   89.  Generally. 

Relevancy  of  evidence  as  to  contracts,  see 

infra,  XII.  1. 
Sufficiency  of  evidence  as  to  contracts,  see 

infra,  XIII.  f. 
As  to  conveyances  in  fraud  of  creditors,  see 

supra,  §§  48-50. 

Presumption  and  burden  of  proof  as  to  ac- 
count stated.     L.R.A.1917C,  455. 

Presumption  that  contract  was  not  within 
statute  of  frauds  or  was  in  writing 
where  complaint  is  silent  on  that  ques- 
tion.    49  L.R.A. (N.S.)    6. 

Burden  of  proof  in  action  for  specific  per- 
formance of  contract  to  leave  property 
to  child  in  consideration  of  his  living 
with   promisor.     44   L.R.A.  (N.S.)    769. 

Burden  of  proof  in  action  to  recover  sub- 
scription to  charity.  48  L.R.A. (N.S.) 
813. 

Burden  of  proving  secondary  contract  abro- 
gating or  altering  prior  contract. 
L.R.A.1915B,  68. 

Burden  of  proof  in  suit  for  relief  from 
mistake  of  law  as  to  effect  of  instru- 
ment.     28    L.R.A. (N.S.)    915. 

As  to  intent  characterizing  omission  of  in- 
ternal revenue  stamp.    48  L.R.A.  309. 

As  to  affixing  of  internal  revenue  stamp. 
48  L.R.A.  318". 

Presumption  as  to  character  of  subterranean 
water.     19  L.R.A.  98. 

Burden  of  proving  what  are  depot  grounds 
within  meaning  of  fence  laws.  7  L.R.A. 
(N.S.)   215. 

As  to  sale  of  expectancy  by  prospective  heir, 
33  L.R.A.  283. 


500 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,   III.  i,  1— cont'd 

Presumption  of  gift  by  wife  to  husband  on 
invostnicnt  by  him  in  his  own  name  of 
wife's  separate  property  in  real  estate. 
6  L.R.A.(N.S.)  381;  26  L.R.A.(N.S.) 
161. 

Inference  as  to  character  of  transaction 
arising  from  fact  that  it  was  on  mar- 
gin.    22  L.R.A.(N.S.)    174. 

Presumption  and  burden  of  proof  as  to  ac- 
count .stated.     29   L.R.A.  (N.S.)    348. 

§   00.  As  to  consideration. 

Parol  ".vidence  as  to,  see  infra,  VII,  g. 

8   91.  Alteration  of  Instruments. 

Presumption  as  to  alteration  of  typewritten 

instrument     made     in     duplicate.       18 

L.R.A.(N.S.)   680. 
Burden  of  explaining  erasures  or  alterations 

appearing  on  face  of  will.     17  L.R.A. 

(N.S.)   184. 

8   91a.  —as  to  time  of. 

Presumption  as  to  time  of  alteration  in 
written  instrument  and  its  effect 
on  burden  of  proof.  39  L.R.A. 
(N.S.)   100. 

§   92.  Contracts   of   employment. 

SufBciency  of  evidence  as  to,  see  infra,  §  310. 

Presumption  as  to  contract  being  that  of  an 
independent  contractor.  17  L.R.A. 
(N.S.)  372. 

Presumption  of  agreement  to  pay  for  serv- 
ices rendered  by  relative  or  member  of 
household.     11  L.R.A. (N.S.)    873. 

Rebuttal  of  presumption  as  to  the  gratui- 
tous character  of  services  rendered  by 
relative  or  member  of  household,  by 
proof  of  an  agreement  to  remunerate 
them.     11  L.R.A. (N.S.)  891. 

Necessity  of  proving  that  intention  to  charge 
for  services  rendered  by  relative  or 
member  of  household  was  entertained  at 
the  time  of  their  rendition.  11  L.R.A. 
(N.S.)   911. 

Presumption  from  continuing  in  employer's 
service  after  the  expiration  of  the  origi- 
nal term.     L.R.A.1918C,  706. 

Presumption  of  condonation  of  servant's 
breacii  of  duty  from  mere  retention.  8 
L.R.A.(N.S.)  1005. 

In  action  by  wrongfully  discharged  servant 
for   damages   from   breach   of  contract.  | 
6  L.R.A. (N.S.)    68.  I 

Burden  of  proof  of  defensive  matters  in  ac- 
tion for  damages  for  wrongful  dis- 
charge of  servant.     6  L.R.A. (N.S.)    81. 

Burden  of  proving  other  employment  in 
mitigation  or  reduction  of  damages  for 
wrongful  discliarge  of  servant.  6  L.R.A. 
(N.S.)     108. 

Necessity  of  showing  that  alleged  dissatis- 
faction was  covered  by  contract  con- 
taining stipulations  permitting  rescis- 
sion by  employer  if  work  was  not  satis- 
factorily performed.  12  L.R.A. (N.S.)  i 
415.  ' 

Begin  tvith  thia  booTe  on  every  law  qtteation. 


EVIDKXCK,   III.   i, 
§   93.   I>e(licatton. 

Of   dedication    from 


1 — cont'd 


6    L.R.A.   261.*- 


§    9  1.   Abandonment. 

Of    abandonment    of    highway.      18    L.R.A. 
146. 
By  nonuser  or  otherwise  than  by  acta 
of    public    authorities.      26   L.R.A.^ 
450. 
Presumption   of   abandonment   of   easement 
from     failure    to    maintain    same.      2 
L.R.A.(N.S.)    832. 

2.  Different    instruments. 

§   95.  Bills  and  notes. 

Parol  evidence  as  to,  see  infra,  VII.  f. 

Do  presumptions  which  attach  to  commer- 
cial paper  necessarily  entitle  the  holder 
to  go  to  the  jury.    L.R.A. 1917E,  537. 

Legal  presumptions  in  garnishment  of  debt 
evidenced  by  negotiable  paper.  L.R.A. 
1918C,  764. 

As   to   lost   note.      16  L.R.A.  206. 

In  favor  of  holder  of  commercial  paper.  10 
L.R.A.  677;*   IV   L.R.A.  326. 

Presumption  as  to  frauil  in  inspection  of 
negotiable  instrument.  10  L.R.A. 
679;*    17   L.R.A.  328. 

That  new  promise  to  pay  note  after  notice 
of  dishonor  was  made  with  knowledge 
of  laches.     29  L.R.A.  314. 

Does  the  fact  that  a  negotiable  instrument 
was,  contrary  to  agreement,  transferred 
before  the  happening  of  a  certain  con- 
tingency impose  the  burden  of  proof  as 
to  bona  fides  upon  the  holder.  22 
L.R.A.(N.S.)     718. 

Does  the  fact  that  a  name  signed  to  a  bill 
or  note  below  the  signature  of  another 
obligor  is  that  of  a  partnership  raise  a 
presumption  that  it  is  a  surety  only. 
10   L.R.A. (N.S.)    426. 

Effect  of  production  of  bill  or  note  not 
transferable  by  delivery  to  establish 
prima  facie  plaintiff's  title  to  note. 
50  L.R.A. (N.S.)   581. 

§   96.  —  notice  of  dishonor. 

Conduct  from  which  notice  of  dishonor 
may  be  presumed.     29  L.R.A.  311. 

Presumption  of  diligence  in  presentation 
and  notice  of  dishonor.     29  L.R.A.  305. 

§   97.  — as   to   indorsement. 

Parol  evidence  as  to,  see  infra,  §   170. 

As  to  date  of  indorsement.     18  L.R.A.  35. 

§   98.  —  in  action  by  purchaser. 

Presumption    arising   from    possession.      17 

L.R.A.  326. 
Onus  on   maker  to  rebut  the  presumption. 

17  L.R.A.  326. 
Holder  must  prove  bona  fides.     17  L.R.A. 

328. 
Fraud  or  illegality  in  the  inception  of  V'e 

instrument.     10  L.R.A.  679:   17  L.R.A. 

328. 


INDEX  TO  L.R.A.  NOTES. 


501 


:"EVIDENCE,  III.  i,  2— cont'd 
§    99.   Bonds. 

At,  to  lien  of  bottomry  bonds.  70  L.R.A. 
428. 

Presumptions  and  burden  of  proof  as  to  ef- 
fect of  delivery  of  bond  unsigned  by 
principal  obligor.  12  L.R.A.  (N.S.) 
1121. 

§    100.  Deeds. 

Presumption  from  tax  deed,  see  infra,  § 
105a. 

As  to  acceptance  of  assignment  or  deed  of 
trust   for  creditors.     24  L.R.A.  370.  _ 

Presumption  of  acceptance  of  deed  deliv- 
ered to  third  person.     54  L.R.A.  892. 

Uurden  of  proof  that  instrument  importing 
absolute  conveyance  was  intended  as  a 
mortgage.     L.R.A.1916B,  185. 

Burden  of  proof  wliere  conveyance  of  wife's 
real  property  to  husband  through  a 
third   person.     L.R.A.1915C,   771. 

As  to  intent  of  grantor  in  case  of  convey- 
ance to  one  and  his  children  to  give  tlie 
children  an  estate  jointly  or  in  common 
with  the  parent  or  a  remainder  upon  a 
life  estate  in  the  parent.  L.R.A. 191 713, 
76. 


§    101.  —of  delivery. 

As    tn    deliverv    of    deed,    from    record.      54 

L.R.A.  884;   9  L.R.A. (N.S.)   224. 
Possession  of  deed  by  grantor  at  his  death 
as  negativing  deliverv  to  grantee. 
44  L.R.A. (N.S.)    528."' 

§    101a.  Lease. 

Burden  of  i)roof  as  to  effect  of  provision  in 
mining  lease  excusing  payment  of  mini- 
mum royalty.     L.R.A.1917E,  1078. 

§   101b.  Mortgage. 

Burden  of  proof  that  instrument  importing 
absolute  convevance  was  intended  as  a 
mortgage.     L.R.A. 191PB,  185. 

Presumption  that,  mortgage  is  for  purchase 
price  of  land  and  is  a  part  of  transac- 
tion of  purchase  as  against  widow's 
claim  of  dower.     52  L.R.A. (N.S.)    554. 

§    102.  Wills. 

As  to   testamentary  capacity,   see   supra,   § 

39. 
As  to  testator's  intent,  see  supra,   §  42.. 
As  to  undue  influence,  see  supra,  §  53. 
Sufficiency  of  evidence  as  to  wills,  see  infra, 

XIIL   g. 
Effect  of  probate  of  will.    L.R.A.1917E,  533. 
As   to  probate  of  will   in   other   state.     48 

L.R.A.    136. 
As    to    fraud    respecting    will.      36    L.R.A. 

737. 
Presumption   of  regularity  where  attesting 

witnesses  have  forgotten  circumstances 

attending  execution  of  will.     51  L.R.A. 

(N.S.)    927. 

§    103.  —  revocation. 

As     to    revocation     of     missing    will.       38 

L.R.A.  433:   50  L.R.A. (N.S.)    864. 
CJonsult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  III.  i,  2— cont'd 

Effect  of  unfulfilled  intention  to  execute 
new  will  on  presumptive  revocation  of 
old  one.     2   B.   R.  C.  538. 

Burden  of  explaining  erasures  or  altera- 
tions appearing  on  face  of.  17  L.R.A. 
(N.S.)    184. 

§    103a.  Insurance  policy. 

Sufficiency  of  evidence  as  to,^see  infra,  §  311. 

Presumption  and  burden  of  proof  in  action 
on  insurance  policy  exempting  insurer 
or  limiting  its  liability  in  case  of  in- 
jury intentionally  inflicted  by  another. 
48  L.R.A. (N.S.)  524. 

Burden  of  establishing  defense  of  falsity  of 
statements  by  insured  respecting  family 
history.    L.R.A.1917C,  876. 

3.  Ownership;   title;   itossession;   occu- 
pation. 

§    104.  Generally. 

Relevancy   of   evidence   as  to,   see    infra,    § 

281. 

Rebuttal  ^f  presumption  that  title  of 
ground  bounded  on  river  goes  to  center. 
42  L.R.A.  506. 

Right  of  one  in  possession  to  maintain  ac- 
tion for  nuisance  without  proving  title. 
34  L.R.A. (N.S.)    560. 

Necessity  that  plaintiff  in  ejectment  prove 
title.     18  L.R.A.  781. 

Burden  of  proof  in  detinue.  18  L.R.A. 
(N.S.)    1276. 

Burden  of  showing  that  use  on  which  ease- 
ment is  claimed  was  permissive  and 
not  under  claim  of  right.  8  L.R.A. 
(N.S.)    149;  44  L.R.A.(N.S.)    98. 

Establishment  of  prima  facie  title  in  plain- 
tiff in  ejectment  by  conveyance  or  chain 
of  conveyances  not  running  back  to 
sovereignty  or  common  source  of  title. 
10  L.R.A.(N.S.)  404;  22  L.R.A.  (N.S.) 
1100. 

Presumption  as  to  adverse  possession  by 
tenant   holding  over.     53   L.R.A.   949. 

Presumption    as    to    common    hoard    when 
earnings  of  both   spouses  or  of  family 
are  invested  in  the  name  of  one  spouse. 
35  L.R.A.(N.S.)    713. 
Burden    of    proof    where    marketability    of 
title    is    questioned.      38    L.R.A. (N.S.) 
39. 
Marketability  of  title  subject  to  defeat  by 
birth    of    person    not    in    being    as    af- 
fected by  presumption  that  possibility 
of    issue    is    extinct.      38   L.R.A. (N.S.) 
35. 
As  to  change  in  character  of  occupation  of 

premises.      4   L.R.A. (N.S.)    724. 
Presumption    as   to   occupation   of   premises 
as  a  servant  or  as  a  tenant.     4  L.R.A. 
(N.S.)   723. 

§    105.  Presumption   from  possession. 

Presumption  of  fraud  as  to  creditors  from 
retention  of  possession,  see  supra,  § 
49. 


.-.02 


INDEX  TO  L.R.A.  NOTES. 


E^^DENCE,  III.  i,  3— cont'd 

Presumption  arising  from  possession  of 
note  in  action  bv  purchaser.  17  L.R.A. 
326. 

Effect  of  production  of  bill  or  note  not 
transferable  by  delivery,  to  estab- 
lish prima  facie  plaintiff's  title  to 
note.    60  L.R.A.(N.S.)  581. 

Presumption  as  to  assign  meat  of  lease 
where  leased  property  is  in  possession 
of  one  other  than  the  lessee.  52  L.R.A. 
(N.S.)   986. 

Presumption  of  ouster  of  one  tenant  in 
common  from  long-continued  undis- 
turbed possession  of  another.  10 
L.R.A.(N.S.)    185. 

Inference  of  intent  to  sell  intoxicating 
liquor.     39  L.R.A. (N.S.)    534. 

§    105a.  From  tax  deed. 

Tax  deed  as  presumptive  evidence  of  title. 
2  LJI.A.  773,*   774.* 

Tax  deed  as  prima  facie  evidence  of  truth 
of    its    recitals.      2    L.R.A.    774.* 

Tax  deed  as  prima  facie  evidence  of  pre- 
requisites complied  with.  2  L.R.A. 
773.» 

j.  Payment;  vaUie. 

§    106.  Payment. 

I'lc'sumption  as  to  payment  by  giving  of 
commercial  paper.  35  L.R.A.  (N.S.) 
08. 

Applicability  of  presumption  of  payment 
from  lapse  of  time  as  against  sovereign 
or  governmental  body.  L.R.A.1916B, 
739. 

§    107.  Value. 

Relevancy  of  evidence  as  to,  see  infra,  § 
262. 

Allowance  for  physician's  services  in  action 
for  personal  injuries  without  evidence 
of  their  value.     19  L.R.A.(N.S.)    920. 

§    107a.  Damages. 

P>urden   of  proof   as  to  profits   in   suit  for 
profits  from  infringement  of  patent 
or     copyright.       41     L.R.A.  (N.S.) 
653. 
Necessity  for  evidence  as  to  amount  of  fu- 
neral  and  medical  expenses  of  person 
negligently  killed.    2  B.  R.  C.  720. 
Presumption    and    burden    of    proof    as    to 
pecuniary  loss  in  death  action.     L.R.A. 
1916E,  144;  L.R.A.1918C,  1056. 

Ic.  Miscellaneous  civil  matters. 

%    108.  Generally. 

As  to  intoxicating  character  of  liquor.  20 
L.R.A.  648. 

As  to  public  character  of  purpose  for  which 
power  of  eminent  domain  is  exercised. 
49  L.R.A.  787. 

As  to  time  to  which  contingency  of  death  of 
legatee  or  devisee  without  child  or  is- 
sue on  which  gift  is  conditioned  is  re- 
ferable.    25  L.R.A. (N.S.)    1045. 


EVIDENCE,  III.  k— cont'd 

Inference  as  to  character  of  transaction 
arising  from  fact  that  it  was  oji  mar- 
gin.    22  L.R.A. (N.S.)    174. 

Presumption  of  correctness  of  statement  of 
account  from  retention  without  objec- 
tion. 29  L.R.A.  (N.S.)  348;  L.R.A. 
1917C,  455. 

Effect  of  failure  to  prove  filing  of  claims 
by  creditors  and  insufficiency  of  assets- 
in  action  by  trustee  in  bankruptcy  to 
recover  assets  of  estate,  set  aside  pref- 
erence, or  recover  propei'ty  fraudulent- 
ly transferred  by  bankrupt.  17  L.R.A, 
(N.S.)    350. 

Presumption  as  to  pecuniary  loss  in  statu- 
tory action  for  death.  L.R.A.iyi6E» 
144;   L.R.A.liJlSC,  1056, 

Burden  of  proof  as  to  applicability  of  Fed- 
eral employers'  liability  act.  L.R.A. 
1915C,  64. 

Burden  of  proof  that  injury  arose  out  of  and 
in  the  course  of  employment  within  the 
meaning  of  tlie  Workmen's  Compf-nsa- 
tion  Act.     L.R.A.1917D,  130. 

Making  prima  facie  case  of  responsibility 
for  negligence  of  driver  of  automobile 
by  proof  of  defendant's  ownership  of 
car  or  employment  of  driver.  4f>  L.R.A. 
(N.S.)    1091;    L.R.A.191SD,  9^24. 

Burden  of  proof  in  action  between  owner 
and  contractor  as  to  claims  of  meclian- 
ics  and  materialmen  paid  by  owner. 
44  L.R.A, (N.S,)   80. 

Presumption  and  burden  of  proof  in  action 
against  notary  or  other  officer  for 
wrong  or  negligence  in  certifying  to 
acknowledgment  or  afladavit.  49  L.R.A. 
(N.S.)  50. 

Presumption  and  burden  of  proof  as  to  men- 
tal anguish  in  case  of  negligence  in 
respect  of  telegrams.  49  L.R.A. (N.S.) 
283. 

Burden  of  proving  that  telegram  would 
have  accomplished  its  purpose  in  ac- 
tion for  mental  anguish  for  negligence 
in  transmission  of  telegram.  49  L.R.A. 
(N.S.)    258. 

Presumption  that  a  train,  which  it  would 
have  been  necessary  to  take  in  order 
that  telegram  might  accomplish  its- 
purpose,  ran  on  schedule  time  in  action 
for  damages  for  mental  aiigiiis'li  for 
.  failure  to  deliver  telegram,  49  L.R.A. 
(N.S.)  265. 

Presumption  as  to  receipt  of  communicatioa 
sent  througli  mail.  49  L.R.A. 
(N.S.)  458.^ 

§   109.  Necessity. 

As  to  necessity  of  obstructing  street.  14- 
L.R.A.  559. 
I  Must  the  plaintiff  in  an  action  against  an 
infant  for  necessaries  furnished  show 
them  actually  to  have  been  required. 
1  B.  R.  C.  156. 


Begin  itith  tJiis  hook  on  every  law  question. 


§    110.  Reasonableness. 

Of     reasonableness     of     license 
L.R.A.   432. 


fees. 


30- 


INDEX  TO  L.R.A.  ^'OTES. 


503 


EVIDENCE,  III.  k— cont'd 

Presumption  as  to  reasonableness  of  rail- 
road rates  prescribed  bv  state  for  local 
traffic.  15  L.R.A.(N.S.)  108;  25 
L.R.A.(N.S.)    1001. 

Burden  of  proof  of  confiscatory  or  unrea- 
sonable rates  established  for  public 
service  corporations.     L.R.A.1915A,  57. 

§  111.  31atters  between  hvisbancl  and 
wife. 

As  to  whether  husband  furnished  wife  with 
suitable  support.  65  L.R.A.  538;  47 
L.R.A.(N.S.)    281. 

As  to  husband's  failure  to  properly  furnish 
necessaries  for  wife  while  living  with 
him.     65  L.R.A.  538,  548. 

Presumption  tliat  debts  contracted  during 
marriage  are  common  debts.  19  L.R.A. 
235. 

Burden  of  proof  of  liability  of  husband  for 
Hccessaries  furnished  wife  while  living 
apart  from  him.     L.R.A. 1917A  969. 

Presumption  and  burden  of  proof  in  action 
against  husband  for  necessaries  fur- 
nished wife  while  living  with  him.  47 
L.R.A.(N.S.)  279. 

Burden  of  proof  where  conveyance  of  wife's 
real  property  to  husband  through  a 
third  person  is  attacked.  L.R.A.1915C, 
771. 

I.  Criminal  matters. 

§    112.  Generally. 

Presumption  as  to  character  of  accused,  see 

supra,  §  25. 
As  to  sanity  of  accused,  see  supra,  §  40. 
Presumption    of   malice    from    killing,    see 

supra,  §  44. 
Relevancy   of    evidence   in,    see   infra,    XII. 

o. 
Weiglit   and  sufficiency  of   evidence   in,  see 

infra,  XIII,  i. 

Effect  of  admission  to  change  burden  of 
proof  in  criminal  case.  61  L.R.A. 
562. 

Power  of  legislature  to  enact  prima  faci< 
rules  of  evidence  for  criminal  cases.  2 
L.R.A.(N.S.)    1007;    L.R.A.1915C,   717. 

Burden  of  proving  contributory  negligence 
in  criminal  cases.  33  L.R.A.(N.S.) 
1178. 

Burden  of  proving  injury  from  separation 
of  jury  in  capital  case.  24  L.R.A.. 
(N.S.)    779. 

As  to  criminal  responsibility  of  children. 
36  L.R.A.   196. 

Presumption  as  to  incorporation  in  crimi- 
nal cases.    22  L.R.A.  278. 

Necessity  of  proving  that  person  bore  both 
real  name  and  the  alias  by  which  the 
indictment  purports  to  describe  him. 
30  L.R.A. (N.S.)    134. 

Presumption  as  to  burglary  from  possession 
of  recentlv  stolen  property.  12  L.R.A. 
(N.S.)    200. 

Burden  of  proving  guilt  of  one  in  posses- 
sion of  recently  stolen  property.  12 
L.R.A. (N.S.)    219. 

Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  III.  1— cont'd 

Burden  of  proving  that  weapon  was  not 
loaded  in  prosecution  for  assault  with 
firearm.     42  L.R.A. (N.S.)    975. 

Burden  of  proof  on  application  for  bail  in 
capital   case.      39    L.R.A. (N.S.)    772. 

Presumption  and  burden  of  proof  in  prose- 
cution for  violation  of  hours  of  service 
laws.  L.R.A.1915D,  422;  L.R.A.1917A, 
1207. 

Burden  of  proof  of  impotency  or  senility 
set  up  as  defense  to  prosecution  for 
rape.     L.R.A.1915B,  133. 

Presumption  and  burden  of  proof  as  to  chas- 
tity where  it  is  an  ingredient  of  the 
offense  or  a  condition  of  conviction. 
43  L.R.A.  (N.S.)   476. 

Presumption  as  to  voluntariness  of  confes- 
sion.    50  L.R.A.(N.S.)    1081. 

§    113.  As   to   confessions. 

As  to  confessions  generally,   see  infra,  IX. 

Presumption  as  to  character  of  confession. 
18   L.R.A.(N.S.)    783. 

Presumption  as  to  voluntariness  of  subse- 
quent confessions.  18  L.R.A.  (N.S.) 
857. 

§    114.  As   to   alibi. 

Sufficiency  of  proof  as  to,  see  infra,  §  317. 

Burden  of  proof  aa  to  alibi.    41  L.R.A.  534. 

§    115.  As  to  corpus  delicti. 

Relevancy   of   evidence  as   to,  see  infra,    ^ 

285. 
Sufficiency  of  proof,  see  infra,  §  318. 

Necessity  of  proving.     68  L.R.A.  45. 

In   'larceny.       68    L.R.A.    48,    54;     2S 
L.R.A.(N.S.)    536. 

§    116.  In  prosecution  for  homicide. 

Presumption  of  malice  from  act  of  killing,. 

see  supra,  §  44. 
Relevancy  of  evidence  in,  see  infra,  §  286. 
Sufficiency  of  proof,  see  infra,  §  326. 

Necessity  of  proving  corpus  delicti.  08 
L.R.A.  35,  46,  53. 

May  finding  of  premeditation  and  delibera- 
tion essential  to  murder  in  first  de- 
gree rest  upon  evidence  that  at  the  time 
defendant  was  fleeing  from  the  scene  of 
another  crime.     L.R.A.1918C,  566. 

Burden  of  proof  in  case  of  homicide  bv  mis- 
adventure.    3   L.R.A. (N.S.)    liei. 

Burden  of  proof  of  freedom  from  fault  in 
case  of  homicide  on  plea  of  self-defense. 
45   L.R.A.    706. 

Burden  of  proving  self-defense  by  prepon- 
derance of  evidence  in  prosecution  for 
homicide.     19  L.R.A. (N.S.)    492. 

Presumption  as  to  distinctive  elements  of 
murder  in  first  degree  from  use  of 
deadly   weapon.     34    L.R.A, (N.S.)    74. 

§  117.  In  prosecution  for  sale  of 
liquor. 

Sufficiency  of  evidence  as  to,  see  infra,  §  327. 

Power  of  legislature  to  enact  prima  facie 
rules  of  evidence.  1  L.R.A. (N.S.)  626; 
L.R.A.1915C,  729. 


504 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  III.  1— cont'd 

Inference    of    intent    to    sell    intoxicating 

liquor.     39  L.R.A.(N.S.)   5.34. 

Burden  of  proof  as  to  license  or  permit  in 

prosecution  for  sale  of  intoxicating 

liquor  without  a  license.    3G  L.R.A. 

(N.S.)    98. 

"Near  beer"  or  other  local  appellation,  as 

justifying  inference  as  to  intoxicating 

or   other   statutory   quality    of    liquor. 

48  L.R.A.(N.S.)   315. 
Inference  as  to  spirituous,  vinous,  distilled,, 

malt,  fermented,  or  intoxicating  quality 

of  liquor,   from   its  name.     48   L.R.A. 

(N.S.)  302. 

IV.  Best  and  secondary  evidence. 

§   118.  Generally. 

Effect  of  omission  of  stamp  from  instrument 
on  admissibility  as  primary  or  second- 
ary evidence.     48  L.R.A.  310. 

Rebuttal  of  presumption  of  fraud  in  de- 
stroying primary  evidence  as  condition 
of  admission  of  secondary  evidence.  34 
L.R.A.   583. 

Use  of  ledgers  as  secondary  evidence.  52 
L.R.A.  581. 

Photograph  as  secondary  evidence.  35 
L.R.A.  804;  51  L.R.A' (N.S.)   849. 

Oral  testimony  of  dying  declarations  re- 
duced  to  writing.     56   L.R.A.   427. 

Proof  of  contents  of  writing  by  admissions. 
L.R.A.1918C,  664. 

Secondary  evidence  of  writing  which  is  be- 
yond territorial  jurisdiction  of  court. 
■L.R.A.1917D,  530. 

Secondary  evidence  of  contents  of  will  lost 
after  proliating  or  filing  for  record.  38 
L.R.A.  456. 

Proof  of  will  where  attesting  witnesses  have 
forgotten  circumstances  attending  its 
execution.     51   L.R.A.  (N.S.)   927. 

Necessity  and  sufficiency  of  proof  to  ac- 
count for  non  production  of  will  upon 
application  to  probate  it  as  a  lost  or 
destroyed  will.     50  L.R.A.(N.S.)   861. 

Admissibility  of  newspaper  files  to  prove 
the  publication  or  contents  of  an  order 
of  publication.     L.R.A.1915C,  690. 

Secondary,  to  identify  record  of  justice  of 
peace.      2    L.R.A.(N.S.)    652. 

Admissibility,  of  secondary  evidence  of  writ- 
ing of  privileged  character  of  which  a 
tliird  person  has  power  of  disclosure. 
33  L.R.A.(N.S.)    484. 

Mode  of  proving  the  mailing  of  notice  of 
maturity  of  premiums  or  assessments. 
7    L.R.A.(N.S.)    238. 

8    119.  Oral   proof  of  foreign   laws. 

Presumption  and  burden  of  proof  as  to,  see 
supra,   §  20. 

In    general.      25    L.R.A.    451. 

The  unwritten  or  common    law — Lex    non 

scrvpta.     25   L.R.A.   451. 
The  written  law — Lex  scripta.     25  L.R.A. 

454. 
^lodifications  of  the  common  law.    25  L.R.A. 

462. 


EVIDENCE,  IV.— cont'd 

Construction   of   written    laws.     25   L.R.A. 

462. 
Proof  of  practice  under  statutes.  25  L.R.A. 

462. 
State  statutes.    25  L.R.A.  462. 
The  English  doctrine.     25  L.R.A.   467. 

§    120,  As  to  books  of  account. 
With  respect  to  books  of  account  generally, 
see  infra,  V.  g. 

Admissibility  in  evidence  of  books  of  ac- 
count produced  on  notice.  52  L.R.A. 
602. 

Secondary    evidence   of    contents    of    absent 

f  books   of  account.    52   L.R.A.   604. 

Admissibility  of  statements  taken  from 
partnership  books  of  accounts.  52 
L.R.A.   847. 

§   120a.  Notice  to  produce. 

Use  in  evidence  of  books  produced  on.     52 

L.R.A.  602. 
Notice  to   produce  document   as  making  it 

admissible    in    favor    of    producer.      33 

L.R.A.(N.S.)  553. 

§    121.  Copies. 

Proof  of  copies  of  genuine  handwriting.    64 

L.R.A.   314. 
Proof  of  lost  or  destroyed  will  by  copv  or 

draft.     38  L.R.A.  448. 
Copies   of   documents   made   by   mechanical 

means,   as  originals.      12   L.R.A. (N.S.) 

343. 
Admissibility  of  copy   of  writing  which  is 

Ijevond  territorial  jurisdiction  of  court. 

L.R.A.1917D,  534. 
Admissibility  in  evidence  of  copies  of  records 

of  other  states.     5  L.R.A.(N.S.)    938. 

V.  Documentary  evidence, 
a.  In  general. 

§    122.  Generally. 

Documentary  evidence  as  best  evidence,  see 

supra,   IV. 
Weight  and  sufficiency  of,  see   infra,  XTII. 

e. 

Misuse  of  documentary  evidence  by  coun- 
sel in  argument  to  jury.  L.R.A.1918D, 
78. 

Injunction  against  use  of  document.  51 
L.R.A.   754. 

Effect  of  omission  of  stamp  upon  use  of  in- 
strument as  evidence.  48  L.R.A.  310. 

Use  of  documents  before  grand  jury.  28 
L.R.A.  320. 

Aiding  the  interpretation  of  building  con- 
tract by  extrinsic  documents  or  exam- 
ples.     9    L.R.A.(N.S.)     1007. 

Right  of  party  producing  documents  upon 
notice,  to  use  and  control  their  use  as 
evidence.     15  L.R.A.  138. 

Recital  in  deed  as  evidence  of  heirship.  45 
L.R.A.(N.S.)  93. 


§    12  3.  Attested    instruments. 
Necessity  of  calling  subscribing  witnesces  to 
*  prove.     35  L.R.A.  321. 
Begin  tcith  this  book  on  every  laic  question. 


INDEX  TO  L.R.A.  \OTi:S. 


505 


EVIDENCE,   V.   a— cont'd 

Proof  of  signature  by  mark  when  attesting 
witnesses  tliereto  are  deud  oi-  can- 
not remember  the  transaction.  44 
L.R.A.  142. 

§  12  4.  Eftect  of  CHlling  for  and  in- 
specting: document  to  make  it  com- 
petent. 

In  favor  of  party  calling.     33  L.R.A.  (N.S.) 

552. 
In  favor  of  producer.     33  L.R.A. (N.S.)   553. 
Miscellaneous.     33   L.R.A'. (N.S.)    556. 

§  12  5.  Documents  taken  from  defend- 
ant. 

Admissibility  against  defendant  of  docu- 
ments taken  from  him.  59  L.R.A.  467 ; 
8  L.R.A.  (N.S.)  762:  34  L.R.A.  (N.S.) 
58;  L.R.A.1915B,  834;  L.R.A.1!)16E, 
716. 

b.  Records,  reports,  and  orders;  legis- 
lative jotii'iials. 

§    12  6.  Records. 

Record  of  mining  claim  as  evidence.  7 
L.R.A.  (N.S.)    879. 

Train  despatcher's  record  as  evidence.  3 
L.R.A.(N.S.)    1190. 

May  records  of  sales  of  liquor  which  a 
druggist  is  required  by  law  to  keep 
be  used  as  evidence  against  him  in  a 
criminal  prosecution.  25  L.R.A.  (N.S.) 
818. 

Effect  of  public  record  as  notice  or  evi- 
dence of  notice  to  start  statute  of  limi- 
tations against  action  based  on  fraud. 
22  L.R.A. (N.S.)    208. 

SulTic'iency  of  record  offered  to  prove  con- 
viction or  acquittal.    L.R.A. 1916B,  954. 

Physician's  private  records  or  memoranda 
as  evidence  of  birth,  death,  etc.  L.R.A. 
1915F,  803. 

Admissibility  of  entries  in  diary.  51  L.R.A. 
(N.S.)    813. 

§    12  7.  —of  deeds. 

Admissibility  of  record,  or  copy  of  record, 
of  deed,  to  prove  deed  under  whicli 
party  offering  it  claims.  19  L.R.A. 
(N.S.)    438. 

8    128.  —of  other  states. 

Admissibilitv  of  copies  of  records  of  other 
states.     5   L.R.A. (N.S.)    938. 

§    129.  TiCRislative  journals. 

Conclusiveness  of  enrolled  bill,  see  infra, 
§   308a. 

Of   legislative   journals.     23   L.R.A.   340. 

§    13  0.  Reports;    orders. 

Admissibility  of  report  by  agent  or  em- 
ployee to  emplover  to  prove  facts  in 
issue.  18  L.R.A."(N.S.)  231;  25  L.R.A. 
(N.S.)   930;  47  L.R.A.(N.S.)   830. 

c.  Judgments;  findings;  pleadings. 

§    131.  Judgments. 

Weight  and  sufficiency  of,  see  infra,  §  306. 

Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  V.  c— cont'd 

Judgment  against  officer  as  evidence  against 
suretv  on  official  bond.  52  L.R.A.  165, 
184,   187. 

Judgment  against  one  as  prima  facie  evi- 
dence of  amount  of  damages  against  an- 
other liable  over  wlio  had  no  notice  of 
the  original  suit.  16  L.R.A.  (N.S.) 
911. 

§    132.  —  in  criminal  prosecution. 

Judgment  rendered  in  a  civil  action.  26 
L.R.A.(N.S.)   461. 

§    133.  Findings. 

Admissibility  of  coroner's  finding  to  show 
cause  of  death.  68  L.R.A.  285;  45 
L.R.A. (N.S.)    404;   L.R.A.1918E,  924. 

§    13  3a.  Pleadings. 

LTse  of  plea  of  nolo  contendere  against  de- 
fendant or  third  person  in  anotlier  pro- 
ceeding.     41    L.R.A.(N.S.)     73.    74. 

Former  plea  of  guilty.     L.R.A.1918E,  92. 

d.  Depositions,    former  testimony,   and 
affidavits. 

§    134.  Generally. 

As  to  former  testimony,  see  infra,  XI,  k. 

Admissibility    of    testimony    or    deposition 
given  in  action  for  personal  injury, 
in   another   action   growing  out   of 
the    same    injury    or    accident,    in 
Avhich   the   witness   or  deponent   is 
not  available.     L.R.A.1916A,  990. 
Admissibility    after   death   of   adversary   of 
deposition  of  party  taken  before  form- 
er's death   and   relating  to   a  personal 
transaction    with    him.      L.R.A. 1915F, 
771. 


e.  Memoranda;  receipts. 

§    13  5.  Memoranda. 

Use  of  memoranda.     28  L.R.A.  143. 

Admissibility  of  memoranda  on  check  stubs. 
42  L.R.A. (N.S.)    727. 

Admissibility  of  insurance  agent's  memo- 
randa as  to  policies  and  risks.  37 
L.R.A.(N.S.)    1169. 

Admissibility  in  evidence  of  books  of  ac- 
count containing  entries  transferred 
from.     52  L.R.A.  577. 

Scope  and  effect  of  statutes  making  compe- 
tent entries  and  memoranda  of  deceased 
person.    44  L.R.A.  (N.S.)  28. 

Admissibility  of  entries  in  diary.  51  L.R.A. 
(N.S.)   813. 

Physician's  private  memoranda  as  evidence 
of  birth,  death,  etc.     L.R.A.1915F,  803. 

§    13  6.  Receipts. 

As  evidence  of  payment  as  against  third 
parties.     29   L.R.A.   737. 

Right  of  insurance  company  to  rely  on 
clause  giving  it  option  as  to  payee  of 
proceeds  of  policy  and  making  receipt 
conclusive  evidence  of  payment  to 
proper   person.      20   L.R.A. (N.S.)    928. 


«06 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  v.— cont'd 

/.  Letters;   telegrams. 

§    13  7.  Letters. 

Admissibility  of,  as  proof  of  partnersliip. 
20  L.R.A.  598. 

Necessity  of  proof  of  genuineness  of  reply 
letter.     17  L.R.A.(N.S.)   229. 

Admissibility  of  insurance  agent's  letters 
as  to  policies  and  risks.  37  L.R.A. 
(N.S.)    1169. 

Letters  identified  only  by  prosecutrix  as  cor- 
roboration of  her  testimony  to  prove 
seduction  or  rape.  49  L.R.A. (N.S.) 
1198. 

§   138.  Telegrams. 

Admissibility  of  telegram  on  behalf  of  per- 
son receiving  it  in  reply  to  another.  44 
L.R.A.  438. 


g.  Account    boo^:8. 

§    139.  Generally. 

Authentication    of    books    of    account    and 
entries  as  affecting  admissibility  in  evi- 
dence.    52  L.R.A.  690. 
Admissibility    of,    in    evidence    in    case    of 
money    loaned    or    payments   made   by 
party  whose  books  are  offered.    2  L.R.A. 
(N.S.)   401. 
Admissibility,     upon     testimony     of     book- 
keeper, of  entries  in  a  party's  books 
of    account,    based    upon    oral    or 
written  statements  by  others.     36 
L.R.A.  (N.S.)    899. 
Admissibility   of    card    index    or    loose-leaf 
system  of  accounts.     L.R.A. 1916B,  634. 

§   140.  Partnership  books. 

General  rules  as  to  admissibilitv.    52  L.R.A. 

833. 
In  favor  of  the  partnership  or  a  partner. 

52  L.R.A.  8.3G. 
Against  the  partnership  or  a  partner.     52 

L.R.A.  838. 
As  between  t>«  partners.     52  L.R.A.  842. 
As  between  third  persons.     53  L.R.A.  538. 
Entries  in  partnership  books  of  account  as 

admissions  or  as  creating  an  estoppel. 

63  L.R.A.  534. 
Admissibility     of     entries     in     partnership 

books  of  account  by  absent  or  deceased 

partner.     62  L.R.A.  561. 
Admissibility  of  entry  of  sale  and  delivery 

of  goods  in  books  of  account  to  charge 

copartnership.     52  L.R.A.  693. 


§   141.  Party's    books    as    evidence    In 
bis  own  favor. 

'■ineral  doctrines  independent  of,  and  under, 

statutes.     52  L.R.A.  546. 
Rule  where  party  keeps  a  cle.k.     52  L.R.A. 

570. 
Form  and  requisites  generally.     52  L.R.A. 

572. 
Entries  original  or  transferred.     52  L.R.A. 

.570. 
Begin  with  this  hook,  on  every  law  question. 


EVIDENCE,  V.  g— cont'd 

Time   for    making   the   entries.      52    L.R.A. 

583. 
Regularity    as    to    course    of    business.      52 

L.R.A.  587. 
Entries  showing  intent  to  charge.   52  L.R.A. 

589. 
Authentication  and  correctness  of  books  and 

entries.     52  L.R.A.  590. 
Knowledge  of  the  person  making  the  entries. 

52  L.R.A.  505. 

Effect  of  exhibition  of  books  to,  and  admis- 
sion of  correctness  bv,  the  person 
charged.    52  L.R.A.  598' 

Use  of  whole  book  after  use  of  part.  52 
L.R.A.  600. 

Books  produced  on  notice.     52  L.R.A.  602. 

Production  of  all  books  pertaining  to  trans- 
actions.    52  L.R.A.  602. 

Pass  books.     52  L.R.A.  602. 

Secondary  evidence  of  contents  of  absent 
books.     52  L.R.A,  604. 

Province  of  court  and  jury.    52  L.R.A.  608. 

§  142.  Books  as  evidence  between 
other   parties. 

The  geneial  rule.     63  L.R.A.  513. 
Jilxceptions — -enumerated.      53    L.R.A.    515. 
Entries  against  interest.     53  L.R.A.  510. 
Entries  constituting  part  of  the  res  gesUv. 

53  L.R.A.  621. 

Entries  required  by  legal  or  particular  duty. 

53  L.R.A.  521. 
Entries  in  the  course  of  business.    53  L.R.A. 

526. 
Ancient  books.     53  L.R.A,  532. 
Use   of,   to   contradict,   corroborate,   or  ex- 
plain  other   evidence.      53   L.R.A.   532. 
Entries  treated  as  admissions,  or  as  creat- 
ing an  estoppel.     53  L.R.A.  534. 
Necessity    of    authentication    and    proof   of 

death  or  absence.     53  L.R.A.   540. 
Variation   of   rules   by   statutory   and  con- 
stitutional  provisions.     53   L.R.A.  542. 

§  143.  — entries  made  by  deceased 
persons. 

Admissibility,  as  between  third  parties,  of 
entries  against  interest  made  by 
deceased  persons  in  books  of  ac- 
count.    2  B.  R.  C.  670. 

§   144.  What  provable  by  books. 

Generally.    52  L.R.A.  689. 

Sale  and  delivery  of  goods.     52  L.R.A.  690. 

Work  done,  and  services  rendered,  and  ma- 
terials  furnished.     52  L.R.A.   697. 

Money  paid  out  or  loaned.     52  L.R.A.  703. 

Collateral  facts  generally.     52  L.'.l.A.  710. 

Contracts  and  their  performance.  52  L.R.A. 
711. 

Ownership  of  property.     52  L.R.A.  716. 

Contradiction  and  corroboration  of  wit- 
nesses.    62  L.R.A.  717, 

Pecuniary  condition.     52  L.R.A.  719. 

Proof  of' negative.     52  L.R.A.  719. 

Amount  and  value  of  insured  goods  burned. 
52  L.R.A.  721. 

Miscellaneous  cases,     62  L,R,A.  722. 


INDEX  TO  L.R.A.  :N0TES. 


507 


EVIDENCE,  v.— cont'd 

^.  Entries  in  family  Bible  or  other  re- 
ligious hoolc. 

§    14  5,  Generally. 

General  rule.     41  L.R.A.  449. 

Grounds  upon  which  admitted.     41  L.R.A. 

451. 
Cases  in  which  admitted.     41  L.R.A.  452. 
Time  of  entry  material.     41  L.R.A.  454. 
Necessity  of  production  of  book.    41  L.R.A. 

454. 
Necessity    of    proof    of    handwriting.      41 

L.R.A.  455. 
When  declarant  is  alive.     41  L.R.A.  455. 
When  excluded.     41  L.R.A.  456. 
Right  of   jury  to  book  on  retirement.     41 

L.R.A.  456. 

i.  Scientific   hooks   and   treatises. 

§    146.   Generally. 

Exact  sciences.     40  L.R.A.  653. 
Inexact  sciences.    40  L.R.A.  661. 
Law.     40  L.R.A.  572. 
Miscellaneous  matters.     40  L.R.A,  574. 

j.  Mortality  tables. 

%    14  7.  Generally. 

W'eigiit  and  sufficiency  of,  see  infra,  §  307. 

Mortality  tables  as  evidence.  40  L.R.A, 
553;'  L.R.A.1918C,  ]071. 

Necessity  of  showing  authenticity  of  mortal- 
ity tables  offered  in  evidence  in  death 
action.     L.R.A.1918C,  1076. 

Method  of  autlienticating  mortality  tables. 
17   L.R.A.(N.S.)    1138. 

7c.  Miscellaneous  documents. 

• 

§    148.  Generally. 

Price   lists   as   evidence.      17   L.R.A.   851. 
Use   of   photosraphs    of   documents   as   evi- 
dence.    35  L.R.A.  811;  51  L.R.A. (N.S.) 

857. 
Ordinances    as    evidence    in    private    action 

for    violation    of     ordinance     affecting 

operation  of  railroads.     5  L.R.A. (N.S.) 

216. 
Census  returns  as  evidence  of  age.    9  L.R.A. 

(N.S.)    718. 
Newspaper  quotations  as  evidence  of  value. 

16  L.R.A. (N.S.)    758. 
In    prosecution   for    infringement   of   union 

labels.     39   L.R.A. (N.S.)    1202. 
Resort  to  documentary  evidence  other  than 

journals    in    aid    of    enrolled    bill.      40 

L.R.A. (N.S.)    34. 
Admissibilitv  of  entries  in  diary.    51  L.R.A. 

(N.S.)  'S13. 
Admissibilitv  of  abstract  under  the  Torreng 

Law.     L.R.A.1916D,  40. 

I.  For   purposes   of  com,parison. 

%    149.  Generally. 

Opinion  evidence  as  to  handwriting  or  type 

writing,  see  supra,  VIII.  h. 
Consent  also  L.R.A,  Digests  of  Cases. 


EVIDENCE,  V.  1— cont'd 

Use  of  photographs  of  documents  for.  35 
L.R.A.  812;  51  L.R.A.  (N.S.)   857. 

Admission  of  document,  not  otherwise  rele- 
vant as  standard  of  comparison  of 
handwriting.     18  L.R.A.  (N.S.)    520. 

Use  of  letter  press  copy  as  standard  for 
comparison  of  handwriting.  63  L.R.A. 
438, 

Finger  prints  as  evidence,  43  L,R.A.  (N.S.) 
1206. 

in..  Putting  ivhole  writing  in  evidence. 

§    15  0.  Generally. 

Use  of  whole  book  of  accounts  after  use  of 
part.     52  L.R.A.  600. 

VI.  Demonstrative     evidence;     articles 
and  things;  view  of  jury. 

§   151.  Generally. 

Articles  taken  from  accused,  see  infra,  § 
214. 

As  to  protection  of  accused  against  self- 
incrimination,  see  Criminal  Law,  §§ 
49-53. 

Physical    examination    of    party,    see    Dis- 

COVEBT  AND   INSPECTION,    §    5. 

Exhibition  of  article  or  sample  to  jury  on 
issiie  of  quality  of  goods.  35  L.R.A. 
(N.S.)    1021. 

Right  of  jury  in  criminal  case  to  determine 
one's  age  by  inspection  or  observation. 
40  L.R.A.  (N.S.)   470. 

Finger  prints  as  evidence.  43  L.R.A.  (N.S.) 
1206;   3  B.  R.  C.  70. 

Permitting  expert  witness  as  to  handwrit- 
ing and  typewriting  to  use  diagrams 
and  black  boards.    L.R.A.1918D  645. 

§    152.  Dead  body  or  portion  of  it. 

Admission   in  evidence  of  portions  of  body 

of  deceased  on  trial   for  homicide.     12 

L.R.A. (N.S.)    238. 
Right    of    court   to    order    disinterment    of 

corpse     for     evidential     purposes.       22 

L.R.A. (N.S.)    613. 

§    153.  Things  taken  from  accused. 

Admissibility  against  defendant  of  docu- 
ments or  articles  taken  from  him.  59 
L.R.A.  467;  8  L.R.A.  (N.S.)  762:  34 
L.R.A.(N.S.)  58;  L.R.A.1915B,  834; 
L.R.A.1916E,  715. 

§  154.  Resemblance  as  evldejice  of  re- 
lationship. 

Parol  testimony  as  to  resemblance.  52 
L.R.A.  500. 

Exhibition  of  person  for  purpose  of  com- 
parison.    52  L.R.A.  502. 

Exhibition  of  child  for  purpose  of  determin- 
ing paternity  in  bastardy  proceedings. 
L.'R.A.1917B1;  1148. 

Comment  by  counsel  in  argument.  52 
L.R.A.  505. 

§    155.  Identiflcation  by  voice. 

Identification  of  a  person  by  voice.  13 
L.R.A.  (N.S.)   373. 


308 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  VI.— cont'd 

Necessity  iiiul  sufficiency  of  identification 
as  fouiidiition  for  admission  of  conver- 
sation or  communication  l)y  telephone. 
6  L.R.A.(N.S.)  1180;  L.R.A.1918D, 
720. 

§    156.  Photographs. 

In  general.  35  L.R.A.  802;  51  L.R.A.(N.S.) 
843. 

Proof  of  correctness.  35  L.R.A.  803;  51 
L.R.A.  (N.S.)  843. 

As  secondary  evidence.  35  L.R.A.  804;  51 
L.R.A.(N.S.)   849. 

Discretion  of  court.     35  L.R.A.  805. 

Of  persons.  35  L.R.A.  805;  51  L.R.A. (N.S.) 
850. 

Of  places.  35  L.R.A.  808;  51  L.R.A. (N.S.) 
853. 

Of  documents.     35  L.R.A.   811;    51   L.R.A. 
(N.S.)  857. 
For    purpose    of    comparison    of    hand- 
writing.   35  L.R.A.  812;  63  L.R.A. 
438;  L.R.A.1918D,  645. 

Photograpiiic  copies  of  documents  as  orig- 
inals.    12  L.R.A.(N.S.)    343. 

Of  other  things.  35  L.R.A.  814;  51  L.R.A. 
(N.S.)   858. 

Extraneous  matter  on  photographs.  35 
L.R.A.  81.-);  51  L.R.A. (N.S.)   858. 

X-ray  photographs.  35  L.R.A.  815;  51 
L.R.A. (N.S.)   858. 

Effect  and  conclusiveness  of  photographs  in- 
troduced in  evidence.  15  L.R.A. (N.S.) 
1162. 

§    15  7.  Phonograph. 

Evidence  by.     8  L.R.A. (N.S.)   306. 

§   158.  Experiments. 

(;enerally.     15  L.R.A.  221. 

Experiments  outside  of  the  courtroom.  15 
L.R.A.  222. 

Experiments  in  the  courtroom.  15  L.R.A. 
222. 

Self-incriminating  evidence.     15  L.R.A.  223. 

During  view  by  jury.  42  L.R.A.  384;  34 
L.R.A. (N.S.)   720. 

Probability,  without  direct  evidence,  of 
existence  of  condition  as  basis  for  ad- 
mission of  experiment.  8  L.R.A. (N.S.) 
974. 

§    158a.  —by    jury. 

Experiments  by  jurors.     15  L.R.A.  221;   34 

L.R.A. (N.S.)   717. 
During   view.      42   L.R.A.    384;    34   L.R.A. 

(N.S.)  720. 

§  159.  View  of  jury. 
Right  to.  42  L.R.A.  368. 
Discretion   of  the  court   as   to.      42  L.R.A. 

372. 
Conduct  of  view.     42  L.R.A.  375. 
Experiments    during.      42    L.R.A.    384;    34 

L.R.A.(N.S.)   720. 
Nature  and  effect  of  view.     42  L.R.A.  385. 
Appeals  and  reviews.     42  L.R.A.  391. 
Costs  of  view.     42  L.R.A.  393. 
Unauthorized  views.    42  L.R.A.  394;  L.R.A. 

1915B,  70.3. 


EVIDENCE,  VI.— cont'd 
View    outside    the    territorial    jurisdiction. 
L.R.A.1917F,  984. 


ril.  Varol 


and    extrinsic 
to   u-viting. 

a.  In  general. 


evidence    aa 


Begin  with  this  hoolc  on  every  law  question 


§    100.  Generaliy. 

Parol    evidence   as    best    or    secondary,    see 

supra,  IV. 
Statute  of  frauds  generally,  see  Contracts, 

^§  25-59. 
Parol  evidence  rule  as  to  estoppel  or  waiver 

by  insurance  company,  see  Insurance, 

§144. 
As  to  wills,  see  Wills,  §  61. 

General  rule  that  parol  evidence  not  admis- 
sible to  vary,  add  to,  or  alter  a. 
written  contract.  6  L.R.A.  38;* 
17  L.R.A.  270. 

As   to  warehouse  receipts.     19  L.R.A.  304. 

To  show  nature  of  partition  deed.  57 
L.R.A.    341. 

To  show  partnership  in  real  estate.  27 
L.R.A.  464;    37   L.R.A.  (N.S.)    898. 

To  vary  contract  between  heir  and  ancestor 
relating  to  expectancy.     32  L.R.A.  597. 

Parol  evidence  as  to  whether  guaranty  was 
a  continuing  one.    39  L.R.A.(N.S.)  740. 

Resort  to  parol  evidence  in  aid  of  enrolled 
bill.     40  L.R.A. (N.S.)    35. 

Impeaclnnent  of  enrolled  bill  by  parol  evi- 
dence.    40  L.R.A. (N.S.)    32. 

Consideration  of  extrinsic  evidence  to  show 
unconstitutionality      of      statute.        14: 
'      L.R.A.  459;  L.R.A.1915D,  458. 

Admissibility  of  extrinsic  evidence  as  to 
time  for  delivery  of  goods  where  none 
is  specified  in  written  contract.  31 
L.R.A.  (N.S.)    619.. 

Admissibility  of  parol  evidence  as  to  man- 
ner or  means  of  paying  written 
contract  not  Avithin  statute  of 
frauds,  purporting  to  be  payable 
in    money.      31    L.R.A. (N.S.)    235. 

Parol  evidence  rule  as  to  varying  or  con- 
tradicting written  contracts  as  afftn^ted 
by  the  doctrine  of  waiver  or  estoppel 
as  applied  to  policies  of  insurance.  16 
L.R.A.  (N.S.)     1165. 

Parol  evidence  to  segregate  lienable  and 
nonlienable  items  intermingled  in  me- 
chanics' lien  claim.  39  L.R.A. (N.S.) 
316. 

Bill  of  review  for  newly  discovered  parol 
evidence.    30  L.R.A. (N.S.)   1035. 

Parol  evidence  to  vary  or  supplement  min- 
utes of  public  body.  50  L.R.A. 
(N.S.)    99. 

Admissibility  of  extrinsic  evidence  as  t(w 
time  for  delivery  of  goods  where  none 
is  specified  in  written  contract.  L.R.A. 
1916B,  1039. 

Deposit  slips  and  deposit  entries  in  pass 
Iwoks  as  contracts  within  the  rule 
against  parol  evidence  to  vary  or  con- 
tradict written  contracts.  L.R.A.  1918B, 
298. 

As  to  recital  in  insurance  policy  of  receipt, 
of  first  premium.     L.R.A. 1918A,  308. 


INDEX  TO  L.R.A.  NOTES. 


509 


EVIDENCE,  VII.  a— cont'd 

Applicability  of  rule  excluding  parol  evi- 
dence to  vary  a  written  contract  in 
favor  of  or  against  a  stranger  to  the 
contract.     L.R.A.1916A,  592, 


b.  Custom, 


§    161.  Generally. 

Admissibility  of  parol  evidence  that  pro- 
liibited  articles  were  customarily  kept 
on  such  premises  as  those  insured. 
L.R.A.1917C,  296. 

Admissibility  of  evidence  of  custom  to  cre- 
ate an  exception  to  written  contract. 
,3  L.R.A. (N. 8.)    248. 

Parol  evidence  of  custom  to  vary  or  sup- 
plement minutes  of  public  bodv.  50 
L.R.A.  (N.S.)     102. 

Extrinsic  evidence  of  custom  or  usage  as 
to  time  for  delivery  of  goods  where 
none  is  specified  in  written  contract. 
31  L.R.A.(N.S.)  619;  L.R.A.1916B, 
1040. 


<;.  Prior   and  collateral  parol   agree- 
ments. 


§    162.  Generally. 

Admissibility  of,  to  vary  terms  of  written 
contract,   generally.      17    L.R.A.   273. 

Admissibility  of  parol  evidence  as  to  im- 
provements to  be  made  on  tract  from 
which  a  lot  is  sold.  36  L.R.A. (N.S.) 
S96. 

Admissibility  of  evidence  of  conversation 
exprcsslv  referred  to  in  written  con 
tract.      32   L.R.A.  (N.S.)    383. 

Proof  of  escrow  agreement  by  parol.  18 
L.R.A.  (N.S.)     337. 

Admissibility  of  parol  evidence  to  show  res- 
ervation of  growintj  crops  from  deed. 
23  L.R.A.(N.S.)  1218;  L.R.A.1917C,  37, 
44. 

Parol  evidence  that  written  instrument  for 
payment  of  money  was  executed  in  re- 
liance on  parol  promise  tbat  payment 
was  subject  to  a  condition  not  incor- 
porated therein.     18  L.R.A.  (N.S.)   434. 

Admissibility  of  parol  evidence  that  pay- 
ment agreed  in  writing  to  be  made  was 
to  be  made  by  note.     3  B.  R.  C.  77. 

Admissibility  of  parol  evidence  to  affect 
scope  of  covenants  in  a  convevance 
of  real  property.  L.R.A.l'916E, 
221. 

Competency  of  parol  evidence  of  an  agree- 
ment by  the  vendor  of  a  business  not 
to  re-engage  tlierein,  where  some  part 
of  tlie  agreement  has  been  reduced  to 
writing.     L.R.A.1917B,  276. 


§    163.  — warranty. 

Right  to  show  parol  warranty  in  connection 
with  a  contract  of  sale  of  personaltv. 
19  L.R.A. (N.S.)    1183. 

Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  VII.— cont'd 

d.  Subsequent  changes. 

§    164.  denerally. 

To  show  waiver.     13  L.R.A.  633.* 


e.  Meaning;    intention;    explanation. 

§    165.  Meaning. 

May  an  instrument  not  on  its  face  of  a  tes- 
tamentary character  be  shown  by  ex- 
trinsic evidence  to  be  such,  so  as  to 
take  effect  as  a  will.  13  L.R.A. (N.S.) 
1203. 

§    166.   Intention. 

Presumption    and    burden    of    proof    as    to, 

see  supra,  §  41. 
Opinion  evidence  as  to,  see  infra,  §  197. 
Relevancv   of   evidence  as  to,   see   infra,   §§ 

255,  "2.56. 
Sufficiency   of   evidence   as   to,   see   infra,   § 

299.  ' 
As  to  purpose  of  indorsement  of  commercial 

paper,  see  infra,  §   170. 
Parol   evidence   that   deed   was  intended  to 

operate   as   a   mortgage  or   pledge,   see 

infra,  §  182. 

Of  parties  to  written  contract,  admissibility 
of  parol  evidence  to  prove.  6 
L.R.A.  40;*  17  L.R.A.  273. 

To  show  that  a  writing  was  not  intended 
to  create  legal  relations,  but  was  exe- 
cuted as  a  sliam.    L.R.A.1917B,  263. 

Parol  evidence  to  show  persons  meant  by 
ambiguous  designation  in  policy  on 
property  belonging  to  decedent's  estate. 
42  L.R.A.  (N.S.)    82. 

Right  to  show  by  extrinsic  evidence  that 
payment  of  judgment  against,  or  con- 
sideration for  release  of,  alleged  joint 
tort  feasor,  was  not  a  satisfaction  of 
claim.      14   L.R.A. (N.S.)    329. 

Parol  evidence  to  show  that  the  parties  to 
a  written  contract  which  merely  names 
a  class  or  species  contemplated  a  par- 
ticular quality  or  kind.  9  L.R.A. 
(N.S.)    967. 

F:light  to  show  by  extrinsic  evidence  that 
payment  of  judgment  against  or  con- 
sideration for  release  of  alleged  joint 
tort  feasor  was  not  a  satisfaction  of 
claim.  14  L.R.A. (N.S.)  330;  33  L.R.A. 
(N.S.)    983. 

Admissibility  of  parol  evidence  to  show  to 
which  indorsement  qualifying  words  be- 
long.    49  L.R.A. (N.S.)    789. 

Admissibility  of  parol  evidence  as  to  mo- 
tive or  intention  to  contradict  minutes 
of  public  body.     50  L.R.A. (N.S.)    102. 

§    16  7.  —  of  testator. 

Presumption    and    burden    of    propf    as   to, 

see  supra,  §  42. 
Relevancy   of   evidence   as   to,   see   infra,    § 

257. 

As  to  intention  to  incorporate  extrinsic 
document  into  will.     68  L.R.A.  384. 


510 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  VII.  e— cont'd 

Admissibility  of  extrinsic  evidence  of  tes- 
tator's intent  to  adeem  legacy  or  de- 
legacy by  gift.  39  L.R.A.(>f.S.)  592; 
40  L.R.A.{N.S.)  551,  558;  L.R.A.1916C, 
618. 

Admissibility  of  extrinsic  evidence  for  the 
purpose  of  charging  property  with  pay- 
ment of  legacies  or  debts  where  the  will 
is  silent  on  tiiat  point.  19  L.R.A. 
(N.S.)  457. 

Admissibility  of  extrinsic  circumstances  in 
ascertaining  intention  of  testator  in 
respect  to  disinheriting  an  after-born 
child.     13  L.R.A.(N.S.)    780. 

Admissibility  of  extrinsic  evidence  as  to 
whether  omission  of  child  from  will 
was  intentional.  51  L.R.A.  (N.S.) 
646. 

Admissibility  of  extrinsic  evidence  to  show 
that  instrument,  on  its  face  a  will,  was 
not  intended  as  such.  28  L.R.A. (N.S.) 
417. 

May  beneficiary  be  put  to  his  election  by 
extrinsic  evidence  of  testator's  inten- 
tion.    28  L.R.A.(N.S.)    G57. 

Admissibility  of  parol  evidence  to  create  or 
rebut  presumption  of  satisfaction  of 
debt  by  legacy  or  devise  to  creditor. 
L.R.A.1915B,  1178. 

§  168.  To  aid  construction  and  explain 
ambiguities. 

To  explain  telegrams.     50  L.R.A.  245. 

Admissibility  of  parol  evidence  to  aid  in 
construction  of  fire  insurance  policy 
covering  -'additions."  33  L.R.A. (N.S.) 
16L 

Parol  evidence  to  vary  or  contradict  insur- 
ance policv  which  is  ambiguous.  16 
L.R.A.(N.S.)    1181. 

Admissibility,  under  rule  that  parol  evi- 
dence is  admissible  to  explain  ambigui- 
ties, of  parol  evidence  that  written 
instrument  importing  an  absolute  con- 
veyance was  intended  as  a  mortgage 
or  pledge.     L.R.A.1916B,  64. 

/.  As   to   commercial   paper. 

§    169.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §§  95-98. 

Applicability  of  rule  excluding  parol  evi- 
dence to  vary  contract  in  favor  of  or 
against  a  stranger  to  the  contract. 
L.R.A.1916A,  597,  608. 

Admissibility  of  parol  evidence  to  show  to 
which  indorsement  qualifying  words  be- 
long.    49  L.R.A. (N.S.)    789. 


8    17  0.  Purpose  of  Indorsement. 

Presumption  and  burden  of  proof  as  to. 
see  supra,  §  97. 

Parol  evidence  to  show  intention  of  party 
indorsing  paper  before  delivery.  18 
L.R.A.    33. 

As  to  intention  of  irregular  indorser.  18 
L.R.A.  36. 


EVIDENCE,  VII.  f— cont'd 

§    171.  —unrestricted  indorsement. 

Riglit  to  show  by  parol  evidence  that  in- 
dorsement unrestricted  in  form  wa» 
made  for  purpose  of  collection  only. 
3  7   L.R.A.(N.S.)    838. 

Admissibility  of  parol  evidence,  as  between 
indorser  and  indorsee,  that  unrestricted 
indorsement  was  made  merely  to  trans- 
fer title  to  the  owner.  28  L.R.A.  (N.S.) 
530. 

§    172.  Cliaracter   of    parties    to. 

Parol  evidence  to  disclose  and  charge  prin- 
cipal on  negotiable  paper  executed 
by   agent.     21   L.R.A. (N.S.)    1080. 

Admissibility  of  parol  evidence  to  vary  the 
liability  of  an  irregular  party  to  a  bill 
or  note  from  that  declared  by  the  nego- 
tiable instruments  act.  19  L.R.A. (N.S.) 
136. 

Admissibility  of  parol  evidence  as  to  liabil- 
ity of  accommodation  parties  inter  se. 
28    L.R.A.  (N.S.)    1045. 

Right  of  agent  to  show  that  a  note  signed 
by  him  apparently  as  obligor  was  not 
to  be  delivered  until  words  indicating 
representative  capacity  had  been  added 
to  his  signature.     L.R.A.1915A,  590. 

§    173.  Conditions  in. 

Admissibility  of  parol  evidence  to  show  that 
bill  or  note  was  delivered  upon  con- 
dition. 18  L.R.A. (N.S.)  288;  L.R.A. 
1917C,  306. 

Admissibility  of  parol  evidence  of  an  agree- 
ment between  accommodation  parties 
to  become  cosureties.  28  L.R.A. (N.S.) 
1045. 

Admissibility  of  parol  evidence  to  prove 
agreement  by  bank  officer  that  liabil'ty 
of  party  to  commercial  paper  shall  Tiot 
be  enforced.     28  L.R.A. (N.S.)    501. 

Admissibility  of  parol  evidence  that  written 
instrument  for  the  payment  of  money 
was  executed  in  reliance  upon  parol 
promise  that  payment  was  subject  to 
a  condition  not  incorporated  therein. 
18  L.R.A. (N.S.)    434. 

§  174.  To  show  who  is  liable  as 
maker. 

Principals  and  agents.    20  L.R.A.  705. 

Right  of  agent  to  show  that  a  note  signed 
by  him  apparently  as  obligor  was  not 
to  be  delivered  until  words  indicating 
representative  capacity  had  been  added 
to  his  signature.    L.R.A.1015A,  590. 

Principal  and  surety.    20  L.R.A.  711. 

g.  As  to  consideration. 


§    175.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  90. 

Admissibility,  under  rule  admitting  parol 
evidence  to  show  real  consideration  of 
contract,  of  parol  evidence  that  writ- 
ten instrument  importing  an  absolute 
transfer  of  title  was  inianded  as  .i 
mortgage  or  pledge.  L.R.A. 1916B,  03. 
Begin  with  this  hooTe  on  every  law  question.    . 


INDEX  TO  L.R.A.  NOTES. 


511 


EVIDENCE,  VII.  g— cont'd 
§    176.  Of   deed. 

In  general.  20  L.R.A.  101;  68  L.R.A.  928; 
25  L.E.A.(N.S.)    1194. 

Where  sale  was  made  "subject  to"  an  en- 
cumbrance.     20   L.R.A.    106. 

Evidence  to  deny  receipt  of  consideration 
acknowledged  as  paid  by  the  deed.  20 
L.R.A.   102;   25  L.R.A.  (N.S.)    1197. 

Evidence  to  show  an  additional  considera- 
tion. 20  L.R.A.  103;  25  L.R.A. 
(N.S.)    1198. 

Evidence  to  show  what  is  meant  by  other 
considerations.     25  L.R.A.  (N.S.)    1201. 

Evidence  that  consideration  was  given  for 
something  in  addition  to  the  land.  20 
L.R.A.   105;    25   L.R.A. (N.S.)    1201. 

Evidence  to  show  that  expressed  considera- 
tion is  larger  than  agreed  considera- 
tion.    25  L.R.A. (N.S.)    1202. 

Evidence  to  show  that  grantee  assumed  ex- 
isting liens.     25  L.R.A. (N.S.)   1202. 

Evidence  to  show  that  the  land  had  been 
sold  by  unit  of  measurement.  20 
L.R.A.   106;    25   L.R.A. (N.S.)    1204. 

Payment  otherwise  than  in  monev.  20 
L.R.A.   106. 

Evidence  to  show  that  the  deed  was  in- 
tended as  an  advancement.  20  L.R.A. 
108;  25  L.R.A. (N.S.)    1205. 

Evidence  as  to  damages  for  breach  of  cove- 
nant. 20  L.R.A.  107;  25  L.R.A. (N.S.) 
1205. 

Evidence  to  show  a  valuable  consideration 
Avhere  the  deed  expresses  a  good  or  a 
nominal  consideration  onlv.  or  vice 
versa.     25  L.R.A. (N.S.)    1205. 

Where  the  consideration  is  contractual.  25 
L.R.A.  (N.S.)   1207. 

Evidence  as  to  consideration  wliich  tends  to 
vary  the  deed.     25  L.R.A. (N.S.)    1208. 

Evidence  to  invalidate  the  deed.  25  L.R.A. 
(N.S.)    1209. 

In  an  action  by  the  grantor  to  set  aside  the 
deed.     20  L.R.A.  108. 

To  establish  a  trust  in  a  third  person. 
20  L.R.A.  109. 

To  establish  a  use.    20  L.R.A.  109. 

In  an  action  by  a  creditor  to  set  aside.  20 
L.R.A.  110. 

Deed  by  or  to  a  married  woman.  20  L.R.A. 
112. 

In  an  action  by  one  grantee  against  an- 
other.   20  L.R.A.  113. 

Admissibility  of  parol  evidence  to  show  true 
nature  of  transaction  where  the  recited 
consideration  of  a  deed  is  shown  not  to 
have  been  paid.     24  L.R.A.(N.S.)   413. 

h.  Fraud;  surprise;  niistalce;  otnissions. 

§    17  7.  Fraud;    surprise;    mistake. 

Presumption    and    burden    of    proof    as    to 

fraud,  see  supra,  §  47. 
Relevancy  of  evidence  as  to  fraud,  see  infra, 

§  259. 
Sufficiency  of  evidence  as  to  fraud,  see  infra, 

§  301. 

As  exception  to  rule  excluding  parol  evi- 
dence to  vary  written  contract,  gener- 
ally. 6  L.R.A.  45,*  46,»  838;*  17 
L.R.A.  272. 

Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  VII.  h— cont'd 
§    17  8.  — to      correct      description      of 
land. 

To  show  mistake  in  description  of  land  de- 
vised. 16  L.R.A.  321;  6  L.R.A. (N.S.) 
943;  L.R.A.1915E,  1008. 

May  an  extrinsic  document  not  referred  to 
in  a  memorandum  of  sale  of  real  prop- 
erty be  referred  to  in  aid  of  a  defective 
description  in  the  memorandum  or  con- 
tract so  as  to  satisfy  the  statute  of 
frauds.     18  L.R.A.(N.S.)   616. 

§    17  9.  Omissions. 

To  supply  omission.     6  L.R.A.  324,* 

i.  Condition;    trust;    mortgage. 

§    180.  Condition. 

In  bill  or  note,  see  supra,  §  173. 

Admissibility  of  parol  evidence  to  show  that 
release  was  delivered  upon  condition. 
36  L.R.A. (N.S.)    1147. 

Right  of  an  agent  to  show  that  a  contract 
signed  by  him  apparently  as  obligor 
was  not  to  be  delivered  until  words 
indicating  representative  capacity  had 
been  added  to  his  signature.  L.R.A. 
1915A,  590. 

§    181.  Parol    evidence   as   to   trusts. 

To    establish    trusts.      6    L.R.A.    47;*    10 
L.R.A.  401;*   17   L.R.A.  270. 
In  case  of  partnership  lands,    27  L.R.A. 
464. 

§    182.  Mortgage. 

In  case  of  mortgage  of  future  or  growing 

crops.     L.R.A.1917C,  27,  28,  30. 
Admissibility   of    extrinsic   evidence   to   ex- 
tend   scope    of    mortgage    clause.      34 
L.R.A. (N.S.)   503. 
Parol   evidence   that   a   written    instrument 
which  on   its  face  imports  a  com- 
plete transfer   of   a   legal  or   equi- 
table   estate    or    interest    in    prop- 
erty was  intended  to  operate  as  a 
mortgage  or  pledge.     L.R.A.1916B, 
18. 
Applicability   of   rule   excluding   parol   evi- 
dence to  vary  contract  in   favor  of  or 
against    a    stranger    to    the    contract. 
L.R.A.1916A,  594,  606.  . 

j.  To  identify  subject  or  persons. 

§    183.  Generally. 

To  identify  mortgaged  property  in  case  of 
mortgage  of  future  or  growing  crops. 
L.R.A.1917C,  28. 

To  identify  grantees  in  deed  describing  them 
by  tirm  name.     1  L.R.A. (N.S.)    157. 

Parol  evidence  to  establish  identity  of  lega- 
tee or  devisee.     47  L.R.A. (N.S.)   514. 

As  to  resemblance  between  persons.  52 
L.R.A.   500. 

Tc.  Character  of  party. 

%    184.  Generally. 

To  commercial  paper,  see  supra,  §  172. 


612 


INDEX  IX)  L.R.A.  NOTES. 


EVIDENCE,  VII.  k— cont'd 

As  to  party  in  interest  in  contract.  25 
L.R.A.  205. 

Parol  evidence  that  one  of  the  persons  who 
signed  an  instnunent  relating  to  real 
property  was  agent  for  undisclosed 
principal.     24  L.R.A.  (N.S.)   315. 

Right  of  agent  to  show  that  a  contract 
signed  by  him  apparently  as  obligor 
was  not  to  be  delivered  until  words  in- 
dicating representative  capacity  had 
been  added  to  his  signature.  L.R.A. 
1915A,  590. 


VIII.  Opinions  and  conclusions  i 
testimony. 

a.  In  general. 


expert 


§    185.  Generally. 

Weight  of  expert  testimony,  see  infra,  §  290. 

Right  of  witness  to  express  an  opinion  on 
nontechnical  subject  because  of  impos- 
sibility or  difficulty  of  reproducing  the 
data.    L.R.A.1918A,  662. 

Admissibility  of  opinions  founded  on  books 
of  inexact  sciences.     40  L.R.A.  566. 

Admissibility  of  dying  declarations  consist- 
ing of  opinions  and  conclusions,  56 
L.R.A.  .-^TS:  21  L.R.A. (N.S.)  840. 

By  person  causing  accident  made  sometime 
thereafter  as  res  gestce.  42  L.R.A. 
(N.S.)    9.38. 

Constitutionality  of  statute  permitting 
court  to  appoint  expert  witnesses.  33 
L.R.A.(N.S.)    917. 

h.  Hjipcthetical   questions. 

§   186.  Generally. 

To  witness  testifying  as  to  canity  or  insan- 
ily.     30  L.R.A.  313. 

Opinion  of  expert  witness  as  basis  of  ques- 
tion to  other  witnesses.  29  L.R.A. 
(N.S.)  537. 

c.  Cause   and   effect. 

§    187.  Generally. 

Relevancy  of  evidence  as  to,  see  infra,  § 
248. 

Right  of  witness  to  express  opinion  as  to, 
because  of  impossibility  or  difficulty  oi 
reproducing  the  data.  L.R.A. 19i8A, 
689. 

Admissibility  of  opinion  of  witness  as  to 
damaging  effect  of  libel  or  slander.  35 
L.R.A.  (N.S.)   1119. 

May  perjury  be  predicated  of  testimony  as 
to  effect  of  an  understanding  or  agree- 
ment.    22  L.R.A. (N.S.)    1216. 

§  187a.  Cause  of  occurrence  or  acci- 
dent. 

Expert  opinions.     L.R.A. 1915A,  1045. 
Nonexpert  opinions.     L.R.A.1915A,  1053. 
Miscellaneous.    L.R.A.1915A,  1056. 


§    18-b,  Cause 
Injury. 

Expert  opinions. 


of    death,    disease,    or 

L.R.A.1915A,  1058. 


Begin  tcith  this  hook  on  every  law  question. 


EVIDENCE,  VIII.  c— cont'd 
Nonexpert  opinions.     L.R.A. 1915A,  1076. 
Admissibility    of    opinion    evidence    as    to 
whether   wounds   or   other   external   in- 
juries were  self -inflicted.    L.R.A. 191 5A, 
1088. 
Admissibility  of  opinion  evidence  as  to  kind 
or  nature  of  weapon  or  object  with 
which  wound  or  other  external  in- 
jury   was    inflicted.      L.R.A.1915B, 
1143. 


d:  Intoxication. 


§   188.  Generally. 

Opinion  evidence  by  nonexperts  as  to  intox- 
ication.    11  L.R.A.  (N.S.)   639. 

Opinion  evidence  as  to  intemperance  of  par- 
ticular  person.      15   L.R.A. (N.S.)    583. 

c.  Snnify    and    mental    capacity. 

§    189.  Generally. 

Re'lovancy  of  evidence  as  to,  see  infra,  §  254. 
Sufficiency    of    evidence    as    to,    see    infra, 
§§  291,  292,  297,  298,  316. 

§    190.  Expert  opinion   as  to. 

Admissibility;  generally.    39  L.R.A.  305. 

Privilege  of  witnesses.     39  L.R.A.  306. 

From  observation  or  examination.  39 
L.R.A.  308. 

From  the  evidence.     39  L.R.A.  310. 

On  hypothetical  statements  or  questions. 
39  L.R.A.  313. 

Qualifications  of  experts.    39  L.R.A.  317. 

Basis  of  facts  or  reasons  for  opinion.  39 
L.R.A.   319. 

Cross-examination;  contradiction;  redirect 
examination.     39   L.R.A.   326. 

Weight.     .39  L.R.A.  328;  42  L.R.A.  767. 

In  prosecution  for  rape  of  female  of  un- 
sound mind.     L.R.A. 1916F,   749. 

§    191.  Nonexpert  opinion  as  to. 

I  he  general  rule  us  to  admissil)ility.  38 
L.R.A.  721. 

Exceptions.     38  L.R.A.  724. 

As  to  the  contractual  or  testamentary 
capacity  of  another.  37  L.R.A. (N.S.) 
591. 

In  prosecution  for  rape  of  female  of  un- 
sound  mind.     L.R.A.1916F,   749. 

What  constitutes  opinion  evidence.  38 
L.R.A.  727. 

Who  may  give.    38  L.R.A.  728. 

Acquaintance  necessary.     38  L.R.A.  729. 

Facts  and  reasons  as  a  basis  for  an  opinion. 
38  L.R.A.  733. 

Time  to  which  opinion  relates.  38  L.R.A. 
743. 

Cross-examination,  rebuttal,  and  impeach- 
ment.    38  L.R.A.  743. 

Weight.     38  L.R.A.  745;   39  L.R.A.  331. 

§  192.  — opinions  of  subscribing  wit- 
nesses. 

Admissibility.     39  L.R.A.  715. 
Necessity   of  giving.     39   L.R.A.   717. 
■cope.    *39  L.R.A.   718. 


INDEX  TO  L.R.A.  NOTES. 


513 


EVIDENCE,  VIII.  e— cont'd 
Contradiction.     o9  L.R.A.  719. 
Weight.      39    L.R.A.    720. 

§  193.  RiRlit  of  witness  to  give  opin- 
ion   on   exact   issue. 

The   .ceiiPial    rule.      36   L.R.A.   64. 
Criminal   prosecutions.     36  L.R.A.  65. 
Evidence    witli     respect    to    contracts    and 

deeds.     36  L.R.A.  65. 
Evidence    witli    respect   to   guardianship   of 

the  insane.     36  L.R.A.  66. 
Evidence  in  will  contests.     36  L.R.A.  66. 
Contrary   cases.      36   L.R.A.  68. 

/.  Value;  damages;  speed. 

§    19  4.  Value;    damages. 

Relevancy  of  evidence  as  to,  see  infra,  XII. 
f. 

Right  of  witness  to  express  opinion  as  to, 
because  of  impossibility  or  difficulty  of 
reproducing  the  data.  L.R.A.I918A, 
691. 

Opinion  evidence  on  question  of  value  of  the 
use  or  rental  of  property.  44 
L.R.A.  (N.S.)    501. 

Conclusiveness  of  the  testimony  o^  experts 
as  to  the  value  of  professional  services. 
45  L.R.A. (N.S.)    181. 

As  to  value  of  household  goods  or  wearing 
apparel  in  action  for  loss  or  conversion 
of  or  injury  to.     L.R.A.1917D,  505. 

Admissibility  of  opinion  of  party  or  wit- 
ness as  to  extent  of  monetary  damages 
sustained  in  consequence  of  personal  in- 
jury.    52  L.R.A. (N.S.)   167. 

To  show  pecuniary  loss  in  action  for  wrong- 
ful death.     L.R.A.1918C,  1096. 

§    195.  Speed. 

As  to  speed  of  automobiles  or  other  road  ve- 
liicles.     34   L.R.A. (N.S.)    778. 

As  to  tlie  speed  of  street  cars.  34  L.R.A. 
(N.S.)    784. 

As  to  "speed  of  trains  and  hand  cars.  34 
L.R.A.(N.S.)  790. 

fir.  Negligence;   intent. 

§    1  »fi.  Ne,<rli!;enco. 

Prosuniption  and  burden  of  proof  as  to,  see 

supra.   III,   g. 
Relevancy  of  evidence  as  to,  see  infra,  XII. 

Sufficiency  of  evidence  as  to,  see  infra,  XIII. 
b. 

Admissibility  of  opinion  as  to  existence  of 
defect  in  appliances  furnished  servant. 
41   L.R.A.  153. 

Admissibility  of  expert  testimony  in  ac- 
tion for  damages  from  escape  and  ex- 
plosion of  gas.     29  L.R.A.  345. 

§    19  7.   Intent. 

Presumption    and    burden    of    proof   as    to, 

see   supra,    §§    41,   42. 
ravol  evidence  as  to,  see  supra,  §§  166,  167. 
Relevancv    of    evidence    as    to,    see    infra, 

§§  25.-),  257. 
Sufiicieney  of  evidence  as  to,  see  infra,  §  299. 
Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  VIII.  g— cont'd 
Right  of  witness  to  give  conclusions  as  to 
his  intent.     23  L.R.A. (N.S.)    379. 

h.  Handurriting ;    typewriting;    finger 
j)rints. 

1,  Handwriting, 

%    19  8.  Generally. 

Opinion  evidence  as  to  ancient  signature. 
36  L.R.A.(N.S.)   162. 

Opinion  evidence  as  to  age  of  writing. 
L.R.A.1918B,  437. 

Value  of  expert  testimony  as  to  handwrit- 
ing.    L.R.A.1918D,  642. 

Conclusiveness  of  expert  testimony  as  to 
hand  writing.    42  L.R.A.  771. 

§    199.  Competency  of  witnesses  to. 

In  general.     63  L.R.A.  985. 

Witness  to  ancient  writings.  63  L.R.A. 
984. 

Competency  of  opinion  as  to  handwriting 
of  lost  instrument  based  upon  compar- 
ison with  admittedly  genuine  hand- 
writing.    41   L.R.A.(N.S.)    391. 

§   200.  —  nonexi)ert   witnesses. 

Generally.     63  L.R.A.  964. 

What  is  prima  facie  a  sufficient  foundation 
for  the  opinion  of  the  witness.  63 
L.R.A.  966. 

Presumptions  as  to  knowledge.  63  L.R.A. 
968. 

Knowledge  from  seeing  the  individual  write. 
63  L.R.A.  968. 

Knowledge  from  correspondence.  63  L.R.A. 
971. 

Knowledge  from  acknowledged  writings. 
63  L.R.A.  973. 

Knowledge  from  official  signatures.  63 
L.R.A.  974. 

Knowledge  otherwise  acquired.  63  L.R.A. 
975. 

Knowledge  otherwise  limited.  63  L.R.A. 
977. 

Knowledge  acquired  post  litem  motam.  63 
L.R.A.  978. 

Uncertainty  of   opinion.     63  L.R.A.   979. 

Identity  of  the  writer.     63  L.R.A,  981. 

Competency  as  affected  by  previous 
comparison.     63  L.R.A.  982. 

Knowledge  necessary  for  proof  of  writ- 
ings not  in  court.     63  L.R.A.  983. 

Competency  of  nonexpert  to  testify  as  to  au- 
thorship of  writings  when  he  bases  his 
opinion  upon  letters  purporting  to 
come  from  the  person  whose  handwrit- 
ing is  in  question.  7  L.R.A.  (N.S.) 
557. 

§   2  01.  Comparison  of. 

Admissibility  of  document  for  purpose  of 
comparison,  see  supra,   §  149. 

Generally.     62  L.R.A.  818. 

The  English  general  rules.     62  L.R.A.  818. 

The   various    American    general    rules.      62 

L.R.A.  832. 
Comparison  of  ancient  writings.     62  L.R.A. 

861. 


33 


514 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  VIII.  h,  1— cont'd 

Comparison  with  writings  already  in  evi- 
dence or  in  tlie  record.  62  L.R.A. 
862. 

Comparison  with  writings  made  in  court. 
62  L.R.A.  864. 

Comparison  bv  the  jury  and  bv  the  court 
62  L.R.A.'  867. 

Comparison  by  witnesses.     62  L.E.A.  869. 

Comparison  to  show  copying  of  signature 
(the  Howland  Will  Case).  62  L.R.A. 
870. 

Construction  and  validity  of  the  statutes. 
62  L.R.A.  871. 

Weight  and  relevancy  of  the  evidence.  62 
L.R.A.  871. 

Comparison  of  lost  instruments.  62  L.R.A. 
873. 

Comparison  of  marks  and  spelling  of  dis- 
puted instrument.     65  L.R.A.  95. 

Comparison  of   handwriting  to  show  copy- 
ing   of    signature.      34    L.R.A.  (N.S.) 
1004. 

Examination  of  witnesses  to  handwriting 
by  comparison.    63  L.R.A.  163. 

Opinion  of  expert  as  to  hand  writing  by 
comparison.     42  L.R.A.  773. 

Value  of  expert  testimony  as  to  handwrit- 
ing. .L.R.A.1918D,  642. 

§  202.  — competency  of  hand  writing 
as  standard  for. 

Admissibility  of  document  for  purposes  of 
comparison,  see  supra,  §  149. 

Generally.     63  L.R.A.  428. 

Sufficiency  of  the  proof  of  genuineness.    63 

L.R.A.   428. 
What    genuine    documents    are    competent 

standards.    63  L.R.A.  438. 


§  203.  — competency  of  expert  wit- 
ness. • 

Generally.     63  L.R.A.  937. 

Necessity  of  professional  knowledge.  63 
L.R.A.  940. 

Disclaimer  of  being  an  expert.  63  L.R.A. 
941. 

Bank  officers.     63  L.R.A.  941. 

I'ublic   officers.     63  L.R.A.  942. 

Bias  of  the  witness.    63  L.R.A.  943. 

Finality  of  the  decision  of  the  trial  court. 
63  L.R.A.  943. 


§   201.  Procedure  in  proof  of;   exami- 
nation of  witness. 

Generally.     65  L.R.A.  151. 

Purpose  of  the  proof.     65  L.R.A.  153. 

Examination    of    the    witness.      65    L.R.A. 

154. 
Deciphering  of  obscurities.     65  L.R.A.  155. 
Examination    of   witnesses   to   handwriting 

by  comparison.     63  L.R.A.  163. 

§   205.  liimitations  of  evidence  to. 

Immaterial   facts.     64   L.1^A.   303. 
Immaterial   opinions.     64  L.R.A.  305. 
Limits  of  expert  testimony.     64  L.R.A.  307. 
Proof  of  marks.     64  L.R.A.  313.  ^ 

I'roof  of  copies.     64  L.R.A.  314. 


Begin  with  this  hooTc  on  every  law  question. 


EVIDENCE,  VIII.  h,  1— cont'd 

Value  or  weight  of  the  evidence.    64  L.R.A 

315. 
Expert  testimony.     42  L.R.A.  771;    64 

L.R.A.  317. 

2.  Typewriting;  finger  prints. 

§   205a.  Typewriting. 

Comparison  of,,  and  export  evidence  as  to, 
typewriting.     45  L.R.A.(N.S.)   860. 

Value  of  expert  testimony  as  to.  L.R.A. 
1918D,  642. 

§   205b.  Finger  prints. 

Finger  prints  as  evidence.  43  L.R.A.  (N.S.) 
1206. 

Admissibility  of  evidence  of  resemblance  be- 
tween finger  or  hand  prints,  and  its 
sufficiency  as  proof  of  identity.  3  B. 
R.  C.  70. 

i.  Miscellaneous. 

§   2  0  6.  Generally. 

Right  of  witness  to  express  an  opinion  on 
nontechnical  subject  because  of  impos- 
sibility or  difficulty  of  reproducing  the 
data.    L.R.A.1918A,  662. 

Under  the  Torrens  Law.     L.R.A.1916D,  39.^ 

Opinions  of  witnesses  as  to  identity  of  per  ' 
son  referred  to  in  action  for  defamation 
of   unnamed   person.     48   L.R.A. (N.S.) 
364. 

Identification  of  substance  by  odor.  42 
L.R.A.(N.S.)     854. 

Right  of  witness  to  state  who  was  in  pos- 
session of  property.  14  L.R.A. (N.S.) 
289. 

Expert  testimony  as  to  vicious  character  of 
animals.     24   L.R.A.  (N.S.)    1189. 

Distance  within  which  sparks  from  a  prop- 
erly equipped  engine  ^vill  set  fire  as  a 
subject  of  expert  testimony.  22  L.R.A. 
(N.S.)    1039. 

Conclusion   of   witness   as   to   sense '  of   im- 
pending  death   at   time   dying  declara- 
tions   were    made.      30    L.R.A. (N.S.) 
399. 

Right  of  court  to  decide  question  as  to 
quickest  means  of  stopping  train  as 
matter  of  common  knowledge.  14 
L.R.A.  (N.S.)    261. 

Admissibility  of  opinion  evidence  as  to  safe- 
ty of  place  or  appliance.  51  L.R.A. 
565. 

Competency  of  witness  to  express  his  con- 
clusion as  to  character,  quality  or 
marketability  of  title  to  real  property. 
L.R.A. 1915E,  271. 

IX.  Confessions;  involuntary  evidence. 

§   2  07.  Generally. 

As  to  self  incrimination,  generally,  see 
Criminal  Law,  §§  49-53. 

Competency  and  sufficiency  of,  as  evidence 

before   grand   jury.      28   L.R.A.   318. 
Admissibility  in  evidence  of  former  plea  of 
guilty.     L.R.A.1916E,  640. 


INDEX  TO  L.R.A.  NOTES. 


515 


EVIDENCE,  IX.— cont'd 

Admissibility  of  confession  made  before 
coroner.     70  L.R.A.  47. 

Admissibility  in  criminal  case  of  statements 
or  confessions  made  bv  accused  before 
the  grand   jury.     9   KR.A.(N.S.)    533. 

Admissibility  in  criminal  case  of  testi- 
mony as  to  facts  learned  while  spying 
or  eavesdropping.  17  L.R.A.  (N.S.) 
451. 

Admissibility  of  schedules  filed  in  Federal 
bankruptcy  proceedings,  in  prosecution 
of  bankrupt  for  concealment  of  prop- 
erty.     18    L.R.A.  (N.S.)    1194. 

Necessity  of  proving  corpus  delicti  in  lar- 
ceny in  connection  with  confession.  28 
L.R.A.  (N.S.)   536. 

Proof  of  corpus  delicti  in  embezzlement  in- 
dependent of  confession.  L.R.A.1917A, 
1289. 

Proof  of  corpus  delicti  for  purpose  of  cor- 
roborating confession.  68  L.R.A.  50, 
64,  68,  71,  73;   L.R.A.1916B,  748,  848. 

Right  to  cross-examine  accused  who  has 
taken  witness  stand  as  to  confession 
which  would  not  be  admissible  in  evi- 
dence.    10   L.R.A. (N.S.)    604. 

Opinion    based    on    newspaper    reports    of 
confession  as   disqualification  of   juror 
in    criminal    case.      35    L.R.A.  (NvS.) 
1014. 

Conclusiveness  in  civil  action  as  a  confes- 
sion of  judgment  in  criminal  action. 
11  L.R.A.(N.S.)   662. 

Is  extrajudicial  confession  circumstantial 
testimony?    L.R.A.1917D,  595. 

§  2  08.  Uncontradicted  statement  in 
presence  of  accused  as. 

General    rules.      25    L.R.A.  (N.S.)     543;    42 

L.R.A.(N.S.)    890. 
Foundation,  grounds  of  admission,  and  na- 
ture.     25    L.R.A.  (N.S.)     549;     42 
L.R.A. (N.S.)    890. 
Circumstances  of  the  accusation  as   aff'ect- 
ing.       25     L.R.A.  (N.S.)     552;     42 
L.R.A.  (N.S.)    891. 
Nature  of  statement  as  calling  for  response. 
25    L.R.A.  (N.S.)     564;    42    L.R.A. 
(N.S.)    893. 
Admission  and  use.     25  L.R.A. (N.S.)    570; 

42  L.R.A. (N.S.)  894. 
Rule  admitting  statements  made  in  presence 
of  party,  and  undenied  by  him,  as  af- 
fected by  his  mental  or  physical  con- 
dition at  the  time.  13  L.R.A.  (N.S.) 
349. 

§    209.  When    confession    is    voluntary. 

Reasons    for    exclusion    of    confessions.    18 

L.R.A.(N.S.)      772;     50     L.R.A.  (M.S.) 

1077. 
Chaiacter  of  confession;  determination.     18 

L.R.A. (N.S.)    777. 
Confessions    under    personal    restraint.      18 

L.R.A. (N.S.)    795. 
Arrest,  suspicion.     18  L.R.A. (N.S.)  796;  50 

L.R.A.  (N.S.)   1084. 
Confessions  elicited  by  questions.    18  L.R.A. 

(N.S.)   799;  50  L.R.A.  (N.S.)   1085. 
Effect  of  language  assuming  guilt  addressed 

to  accused.     18   L.R.A. (N.S.)    802;    50 

L.R.A.  (N.S.)    1085. 
Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  IX.— cont'd 

Confessions   induced   by   hope   or   fear.      18 

L.R.A.(N.S.)      804;      50     L.R.A.  (N.S.) 

1086. 
Confessions   procured  by   artifice   or   fraud. 

18  L.R.A.(N.S.)    840;   50  L.R.A. (N.S.) 

1088. 
Confessions    to    persons    in    authority.      18 

L.R.A.(N.S.)      843;     50     L.R.A.  (N.S.) 

1088. 
Confessions   in   presence   of  persons   in   au- 
thority.    18  L.R.A. (N.S.)    855. 
Subsequent    confessions.      18    L.R.A. (N.S.) 

857;   50  L.R.A. (N.S.)    1088. 
Inducements   not   immediately   acted   upon. 

18  L.R.A.(N.S.)    868;   50  L.R.A. (N.S.) 

1088. 
Confessions   under   oath.      18   L.R.A. (N.S.) 

872;  50  L.R.A.  (N.S.)    1089. 
Adopted  confessions.    50  L.R.A.  (N.S.)  1089. 
Illegality  of  arrest  as  affecting  confession. 

27  L.R.A.(N.S.)   151. 
Admissibility  of  confession  of  guilt  induced 

by  offer  of  collateral  benefit.     1  B.  R. 

C.  896. 

§   2  09a.  While  under  arrest. 

Voluntariness  of  confession  made  under. 
18  L.R.A.(N.S.)  796;  50  L.R.A.  (N.S.) 
1084. 

Illegality  of  arrest,  as  affecting  confession. 
27  L.R.A, (N.S.)   151. 

Uncontradicted  statement  in  presence  of 
accused  while  under  arrest  as  confes- 
sion.    25  L.R.A. (N.S.)    558. 

§210.  Confession   by   infant. 

Confession  by  infants.     36  L.R.A.  208. 

§  211.  Admissibility  of  confession  of 
third  person. 

Admissibility,  upon  joint  trial,  of  admission 
or  confession  of  one  defendant  tending 
to  incriminate  codefendant.  2  B.  R. 
C.  353. 

§   212.  —in   behalf  of  accused. 

Admissibility  in  behalf  of  accused  of  extra- 
judicial confession  of  stranger.  37 
L.R.A.(N.S.)    345. 

§  213.  Admissibility  of  evidence  ob- 
tained by  involuntary  or  inadmissi- 
ble confession. 

In  general.     53  L.R.A.  402. 
Necessity  of   identifying  things   found.     53 
L.R.A.  407. 

§  214.  Admissibility  of  articles  taken 
from   accused. 

Admissibility  against  defendant  of  docu- 
ments or  articles  taken  from* him.  59 
L.R.A.  467;  8  L.R.A. (N.S.)  762;  34 
L.R.A.(^.S.)  58;  L.R.A.1915B,  834; 
L.R.A.1916E,  715. 

X.  Admissions. 

§   215.  Generally. 

Uncontradicted  statement  in  presence  of  ac- 
cused, see  supra,  §  208. 


516 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  X.— cont'd 

Competency  before  grand  jury,  of  admis- 
sions.    28  L.R.A.  318. 

Proof  of  contents  of  writing  by  admissions. 
L.R.A.1918C,  664. 

Effect  of  admissions  by  adverse  party  to 
dispense  with  production  of  attesting 
witnesses.     35  L.R.A.  346. 

Conclusiveness  of  judicial  admission  as  to 
strangers.  28  L.R.A.  ( N.S. )  327 ;  L.R.A. 
1915A,  200. 

Admissibility  on  subsequent  trial  of  ad- 
mission made  for  purpose  of  defeating 
continuance.     25  L.R.A. (N.S.)    169. 

Admissions  as  evidence  of  agency  against 
persons  making  them.  35  L.R.A. (N.S.) 
165. 

Probative  effect  of  admission  by  party  of 
fault  or  responsibility  for  accident, 
15  L.R.A.  (N.S.)    1096. 

Admissibility,  upon  joint  trial,  of  admission 
of  one  defendant  tending  to  incrimi- 
nate codefendant.     2  B.  R.  C.  353. 

Impeachment  of  enrolled  bill  by  stipulations 
or  admissions  of  litigants.  40  L.R.A, 
(N.S.)  33. 

Admissibility  of  declarations  against  inter- 
est as  to  ownership  by  one  in  possession 
of  personal  property.*  49  L.R.A.(N.S.) 
701. 

Admissions  showing  that  written  instru- 
ment importing  absolute  conveyance 
was  intended  as  a  mortgage.  L.R.A. 
1916B,  285. 

Admissibility  in  evidence  of  former  plea  of 
guilty.     L.R.A.1916E,  640. 

Admissions  or  statements  by  assured  out- 
side of  his  application  as  evidence 
against  beneficiary.  11  L.R.A. (N.S.) 
92. 


XI.  Declarations;   hearsay;   res   gestce; 
privileged  communications. 


a.  In  general. 

§   216.  Generally. 

Reputation  as  proof  of  partnership.    L.R.A. 

1918D,  505. 
Newspaper  quotations  as  evidence  of  value 

16  L.R.A.(N.S.)   758. 
Evidence  of  other  crime  which   is  part  of 

the  rest  gestce.     62  L.R.A.  308. 
Admissibility  of  memoranda  on  check  stubs 

as   part  of   the   res  gestce.     42   L.R.A. 

(N.S.)  727. 
Declarations  as  to  ownership  by  one  in  pos- 
session of  personal  property.    49  L.R.A. 

(N.S.)  700. 
Admissibilty  of  declarations  and  repute  on 

question  whether  child  was  born  dead 

or  alive.    L.R.A.1918D,  1085. 

f   217.  Relative     time    of     transaction 
and  declarations. 

How  near  the  main  transaction  must  decla- 
rations be  made  in  order  to  consti- 
tute part  of  the  res  gesta:  19 
L.R.A.  733. 

Begin  McitJi  this  book  on  every  law  question 


EVIDENCE,  XI.  a— cont'd 

§218.  Admissibility  of  declarations 
as  res  gestae  as  affected  by  incom- 
petency as  a  witness  of  person 
making  them. 

Children.    65  L.R.A.  316;  L.R.A.1915E,  204. 

Husband  and  wife.     L.R.A.1915E,  204. 

Convicts  and  unpardoned  felons.  L.R.A. 
1915E,  205. 

Slaves.    L.R.A.1915E,  205. 

Insane  persons.     L.R.A.1915E,  207.. 

§  219.  As  to  marriage,  pedigree,  pa- 
ternity, or  maternity. 

Admissibility  of  declarations  of  relatives  of 
claimant  on  issue  of  his  relationship  or 
heirship  to  decedent.  L.R.A.1915D, 
215. 

Declarations  to  show  maternity  of  illegiti- 
mate child.    11  L.R.A.(N.S.)  1052. 

Admissibility  of  declarations  of  parents  or 
putative  parent  as  to  paternity  or  ma- 
ternity of  child.     6  B.  R.  C.  852. 

h.  Privileged  communications. 

§   220.  Generally. 

As  to  protection  against  self-incrimination, 

see  Criminal  Law,  §§  49-53. 
Effect   of  death   of   party  to   render   other 

party    incompetent    as    a    witness,    see 

Witnesses,  §§  22-24. 
For   privilege    of   witnesses,   generally,    see 

Witnesses,  §  40. 

As  to  sanity  or  insanity.     38  L.R.A.  726. 

Communications  made  in  confidence  as  priv- 
ileged communications.  35  L.R.A. 
(N.S.)   583. 

Admissibility  in  evidence  of  communica- 
tions made  to  persons  serving  in  a  ju- 
dicial capacity.     67   L.R.A.   923. 

Privilege  of  communications  to  clergy,  or 
other  church  or  ecclesiastical  officers. 
L.R.A.1917D,  278. 

Reports  to  corporations  by  agents  as.  6 
L.R.A.(N.S.)   325. 

§   2  21.  To  physician. 

Loss  or  waiver  of  privilege,  see  infra,  §  225. 

Privilege  of  statement  by  physician  to  pa- 
tient.    27   L.R.A.(N.S.)  '326. 

Competency  of  attending  pliysician  to  testi- 
fy as  to  capacity  of  testator  in  will 
contest.     32  L.R.A. (N.S.)   72. 

Admissibility  as  res  gestce  of  statements 
or  declarations  made  by  injured  person 
to  pliysician  while  latter  was  examin- 
ing him  in  order  to  qualify  as  a  wit- 
ness.     21   L.R.A. (N.S.)    826. 

Admissibility  of  statements  or  letters  by 
physician  as  to  physical  condition 
of   insured.     38  L.R.A.(N.S.)    343. 

Right  of  plaintiff  in  action  for  malpractice 
to  avail  himself  of  privilege  as  against 
testimony  of  defendant  or  otlier  physi- 
cians.     20   L.R.A. (N.S.)    1003. 

Does  privilege  as  to  communications  to,  or 
information  acquired  by,  physician  ex- 
tend to  pliysician  not  employed  by  pa- 
tient. 16  L.R.A.(N.S.)  886;  L.R.A. 
1915F,  888. 

Does  disqualification  of  physician  as  wit- 
ness extend  to  mental  condition  of  pa- 
tient.   L.R.A.1918E,  974. 


INDEX  TO  L.R.A.  NOTES. 


517 


EVIDENCE,  XI.  b— cont'd 

Are   hospital   records   within  the   privilege 

extended    to    communications    between 

physician   and   patient.      14   L.R.A.  (N. 

S.)  565. 
Privilege  of  records  of  insane  asylum.     51 

L.R.A.(N.S.)   22. 
Privilege    as    to    information    acquired    by 

autopsy.     38  L.R.A.  (N.S.)    1186. 

§   2  22.  To   attorney. 

Admissibility    in    evidence    of    communica- 
tions to  attorney.     67  L.R.A.  923. 
To  attorney  during  preparation  of  will.     17 

L.R.A.  188. 
Privilege  of  communication  to  attorney  as 
affected  by  the  fact  that  no  fee  is  paid. 
34   L.R.A. (N.S.)    577. 
Communications  between  attorney  and  cli- 
ent affecting  their  respective  rights  or 
interests,     as     privileged     communica- 
tions.    7  L.R.A.(N.S.)    426. 
Privilege     of     attorney     against     revealing 
identity    of    client.      L.R.A.1916C, 
602. 
Requiring-  attorney    to    produce   papers    or 
documents   belonging   to    client   as 
violation   of   privilege.     48   L.R.A. 
(N.S.)  334. 

§   223.  Between  husband  and  wife. 

Competency  of  husband  and  wife  as  wit- 
nesses, see  Witnesses,  §§  17-21. 

Are  communications  between  husband  and 
wife  tending  to  show  affection,  or  the 
want  of  it,  privileged.  2  L.R.A. (N.S.) 
708. 

Effect  of  statute  making  husband  and  wife 
competent  witnesses  for  or  against 
each  other  upon  the  privilege  as  to 
confidential  communications  between 
them.  27  L.R.A.(N.S.)  273;  L.R.A. 
1916F,  389. 

Admissibility  of  declarations  by  husband 
or  wife  as  to  prenuptial  nonaccess  of 
husband.     14  L.R.A. (N.S.)   544. 

Separation  of  husband  and  wife  as  affecting 
privilege  of  communication  between 
them.     L.R.A.1916B,  1275. 

Admissibility  of  communication  between 
husband  and  wife,  otherwise  privileged, 
to  explain  the  reason  for  testifying  in 
a  certain  way.     44  L.R.A.  (N.S.)   243. 

Waiver  of  privilege  as  to  communication 
between  husband  and  wife  by  calling 
one  spouse  as  a  witness  for  the  other. 
40  L.R.A.(N.S.)    43. 

§   224.  L/oss  of  privilege. 

Loss  of  privilege  in  respect  to  written  con- 
fidential communications  by  loss  of 
their  possession  and  control.  15  L.R.A. 
268. 

Waiver  on  first  trial  of  privilege  as  to  con- 
fidential communications  as  affecting 
its  exercise  on  a  second  trial.  6  L.R.A. 
(N.S.)    1082;   L.R.A.1916A,  524. 

Waiver  of  privilege  as  to  communication 
between  husband  and  wife  by  calling 
one  spouse  as  a  witness  for  the  other. 
40  L.R.A.  (N.S.)   43. 

Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  XI.  b— cont'd 

§   225.  — disclosures   to  physician. 

Waiver  of  privilege  as  to  communication  be- 
tween physician  and  patient.  48 
L.R.A. (N.S.)   395. 

Waiver  of  statutory  provisions  as  to  confi- 
dential disclosures  to  physicians.  1 
L.R.A.(N.S.)    1068. 

Waiver  of  privilege  against  attending  physi- 
cian testifying  as  to  testator's  capacity 
in   will   contest.      32   L.R.A. (N.S.)    73. 

Who,  aside  from  the  patient,  may  waive 
privilege.    48  L.R.A.(N.S.)  418. 

Waiver  of  privilege  on  first  trial  as  affect- 
ing its  exercise  on  a  second  trial. 
L.R.A.1916A,  525. 

§  226.  —  eflfect  of  third  person's 
knowledge  of  communication. 

Is  privileged  character  of  written  or  oral 
communication  lost  when  a  third 
person  has  power  of  disclosure. 
33  L.R.A.(N.S.)    477. 

c.  Party's  own  acts  and  declarations. 

§  22  7.  Generally. 

Admissibility  in  criminal  case  of  state 
ments  made  by  accused  before  grand 
jury.     9   L.R.A. (N.S.)    533. 

Admissibility  of  evidence  of  defendant's 
voluntary  surrender  or  refusal  to  em- 
brace an  opportunity  to  escape.  20 
L.R.A.(N.S.)   409. 

Admissibility  of  declarations  as  to  owner- 
ship by  one  in  possession  of  personal 
property.     49  L.R.A. (N.S.)    700. 

Statements  made  some  time  after  accident 
as  res  gest(s.    42  L.R.A. (N.S.)  917. 

Declarations  explaining  why  person  injured 
or  killed  was  at  place  of  accident  aa 
res  gestae.     L.R.A.1915D,  503. 

d.  Acts  and  declarations  of  third  per- 
sons  generally.         ^ 

§   228.  Generally. 

Statements  by  by-standers  made  sometime 
after  accident  as  res  gestce.  42  L.R.A. 
(N.S.)    948. 

Does  the  fact  that  one  was  not  a  partici- 
pant or  actor  in  an  accident  or  affray 
render  his  statements  or  exclamations 
inadmissible  as  res  gestce.  20  L.R.A. 
(N.S.)   133;  33  L.R,A.(N.S.)   109. 

Admissibility  of  declarations  of  relatives  of 
claimant  upon  the  issue  of  his  re-, 
lationship  or  heirship  to  decedent. 
36  Ii.R.A.(N.S.)  530;  L.R.A.1915D, 
215. 

Admissibility  of  declarations  on  question 
whether  child  was  born  dead  or  alive. 
L.R.A.1918D,  1085. 

Admissibility,  upon  issue  of  forgery,  of  dec- 
larations out  of  court  by  person  whose 
name  is  charged  to  have  been  forged. 
28   L.R.A. (N.S.)    240. 

Admissibility  as  res  gestce  of  uncontradict- 
ed statement  in  presence  of  accused. 
25  L.R.A.(N.S.)   550. 


518 


INDEX  TO  L.R.A.  NOTES. 


E\^DENCE,  XI.  d— cont'd 

Admissibility  of  declarations  as  to  owner- 
nil  ip  by  one  in  possession  of  personal 
property.     49  L.R.A.(N.S.)   700. 

Admissibility  in  prosecution  for  false  pre- 
tenses of  statements  or  communications 
between  the  prosecutor  and  a  third  per- 
son.    L.R.A.1915B,  1125. 

g   229.  Of  deceased  person  generally. 

Scope  and  effect  of  statutes  making  compe- 
tent entries,  memoranda,  and  declara- 
tions of  a  deceased  person.  44  L.Il.A. 
(N.S.)  28. 

Admissibility  of  declarations  as  to  owner- 
ship by  one  in  possession  of  personal 
property,  after  his  death.  49  L.R.A. 
(N.S.)  700. 

Admissibility  of  declarations  of  person  since 
deceased  against  his  or  her  own  mar- 
riage.    15  L.R.A.(N.S.)    190. 

Declarations  of  deceased  putative  father  as 
to  paternity  of  child,    6  B.  R.  C.  852. 

Admissibility  of  declarations  on  question 
whether  child  was  bom  dead  or  alive. 
L.R.A.1918D  1085. 

Admissions  or  statements  by  assured  out- 
side of  his  application  as  evidence 
against  beneficiary.  11  L.R.A. (N.S.) 
92;  49  L.R.A.(N.S.)   853. 

Declarations  of  insured  tending  to  show 
good  faith  regarding  statements  in  his 
application.     L.R.A.1918F,   271. 

Evidence  of  declarations  of  intent  to  com- 
mit  suicide.     L.R.A. 1916B,   819. 

§  2S0.  Of  testator. 

To  prove  contents  of  lost  or  destroyed  will. 

38  L.R.A.  453. 
To  prove  execution  of  lost  or  destroyed  will. 

38  L.R.A.  442. 
To  overcome  or  sustain  presumption  of  rev- 
ocation of   lost  or  destroyed  will,     38 

L.R.A.  436;  50  L.R.A. (N.S.)   867. 
Ante-testamentary  declarations  as  evidence 

of    undue    influence,      3    L.R.A. (N.S.) 

749. 
Admissibility  of  declarations  of  testator  on 

issue  of  his  intention  in  destroying  his 

will.    24  L.R.A. (N.S.)   180. 
Admissibility   of   testator's   declarations   to 

correct  misdescription  of  land  in  will. 

6  L.R.A. (N.S.)    965. 
Evidence    of    declarations    of    testator    to 
identify    legatee    or    devisee.      47 
L,R.A.(N.S.)  540. 


§  2S1.  Of  beneficiary  or  executor  to 
show  lack  of  testamentary  capacity, 
or  undue  influence. 

Declarant  one  of  several   beneficiaries.     38 

L.R.A.  (N.S.)     732. 
Declarant  sole  beneficiary.    38  L.R.A. (N.S.) 

741. 
Declarations  part  of  res  gestae.     38  L.R.A. 

(N.S.)  742. 
To  impeach  or  discredit  declarant  as  a  wit- 
ness.     38    L.R.A. (N.S.)    743.  j 
To  show  intent  or  disposition.     38  L.R.A. 

(N.S.)  743. 
Begin  vHth  this  book  on  every  law  question 


EVIDENCE,  XI.  d— cont'd 
As  against  successor   in   interest  of  declar- 
ant.    38   L.R.A. (N.S.)    744. 

§   232.  Of  sub.scriblns  witness  to  will. 

Admissibility  of  declarations  of  deceased 
subscribing  witness,  unfavorable  to 
testator's  competency.  27  L.R.A,  (N. 
S,)  294. 

§   233.  Of  former  owner. 

Admissibility   of   declarations   against   title 
by  former  owner  as  again.st  those  claim- 
ing under  him,  as  affected  by  fact  that 
declarant    is    living    and    available    as 
witness.     26  L.R.A. (N.S.)    814. 
Admissibility    of    declarations    by    vendor, 
made  out  of  court,  as  to  his  pur- 
pose   in   making   a    conveyance    or 
transfer    attacked    as    fraudulent 
against      creditors.        41      L.R.A. 
(N.S.)  1. 
Admissibility  of  declarations  as  to  owner- 
ship by  one  in  possession   of   personal 
property,     49  L.R.A. (N.S.)    700. 

§  233a.  Of  principal  or  surety. 

Admissibility  against  sureties  on  bond  of 
statements  by  principal  after  expira- 
tion of  term  of  office  or  employment. 
40  L.R.A.  (N.S.)    662. 

e.  Acts  and  declarations  of  agent,  co- 
beneflciary,  partner,  or  co -con- 
spirator. 

§   234.  Agent. 

Admissibility  of  reports  by  agent  or  em- 
ployee to  employer,  to  prove  fact  in 
issue.  18  L.R.A. (N.S.)  231;  25  L.R.A. 
.      (N.S.)   930;  47  L.R.A. (N.S.)   830. 

Admissibility  as  res  gestw  of  statements 
made  by  agent  or  servant  sometime 
after   accident.     42   L.R.A. (N.S.)    918. 

§  235.  Cobeneficiary. 

Admissibility  of  declarations  of  one  of  sev- 
eral beneficiaries  to  show  lack  of  testa- 
mentary capacity  or  undue  influence 
in  case  of  conspiracy.  38  LR.A. (N.S.) 
740. 

§  236.  Proof  against  one,  of  declara- 
tions of  another,  to  show  partner- 
ship. 

Generally.     20  L.R.A.  595. 

Dormant  partners.     20  L.R.A.  597. 

Estoppel.     20  L.R.A.   598. 

Letters,   circulars,   and  entries.     20   L.R.A. 

598. 
Shipping  registers.     20  L.R.A.  599. 
Declarations  in  suits.     20  L.R.A.  599. 


§   237.  Acts    and    declarations    of    co- 
conspirator. 

As  res  gestce.  19  L.R.A.  745. 
Admissibility  of  declarations  of  one  upon 
whom  an  abortion  is  committed, 
against  others  charged  with  com- 
plicity therein.  35  L.R.A. (N.S.) 
1084;  L.R,A.1916C,  570. 


INDEX  TO  L.R.A.  NOTES. 


519 


EVIDENCE,  XI.  e— cont'd 

Admissibility  of  acts  and  declarations  of 
co-conspirators  in  prosecution  for  hom- 
icide in  carrying  out  unlawful  con- 
spiracy.     68   L.R.A.   220. 

/.  Complaints  of  injuries  and  suffering. 

§   238.  Generally. 

Admissibility  of  expressions  or  statements 
of  present  pain  made  during  sickness 
or  subsequent  to  injury.  24  L.R.A. 
(N.S.)    253. 

Admissibility  as  res  geStce  of  statements  or 
declarations  made  by  injured  person  to 
physician  while  latter  was  examining 
him,  in  order  to  qualify  as  a  witness. 
21  L.R.A. (N.S.)   826, 

g.  Threats. 

§    239.  Generally. 

Evidence  of  threats  of  accused,  or  of  person 

injured  or  killed.     17   L.R.A.  654, 

Evidence  of  antecedent  threats  on  trial  for 

homicide.     3  L.R.A. (N.S.)    523. 
Admissibility  of,  as  dying  declarations.     56 

L.R.A.  421. 


7i.  Conversation  by  telephone, 

8    240.  Generally.     , 

Conversations  by  telephone.     17  L.R.A.  440. 

Necessity  and  sufficiency  of  identification 
as  a  foundation  for  the  admission  of  a 
conversation  or  communication  by  tele- 
phone. 6  L.R.A. (N.S.)  1180;  L.R.A. 
1918D,  720. 

t.  Conversation  through  interpreter. 

§   241.  Generally, 

Admissibilitv  of  evidence  given  through  an 
interpreter.     17  L.R.A.  813. 

j.  Dying  declarations. 

§   242.  Generally. 

Weight  of,  see  infra,  §  318a, 

Competency  of  one  spouse  to  testify  as  to 
dying  declarations  of  other,  see  Wit- 
nesses,   §   21. 

In  general.     56  L.R.A.  353. 

Whose  declarations   admissible.     56   L.R.A, 

358. 
In  what  class  of  cases  admissible.    56  L.R.A. 

360. 
In  favor  of  defendant.     56  L.R.A.  367;   52 

L.R.A.  (N.S.)    910. 
Subject  of  declarations.    56  L.R.A.  369, 

Opinions    and    conclusions,      56    L,R.A, 
375;    21   L.R.A.  (N.S.)    840. 
Mental  and  physical  conditions.     56  L.R.A. 
381. 
Sense  of  impending  death.     56  L.R.A. 
382;  6  B.  R.  C.  238. 
How    evidenced.      56    L.R.A.    406; 

30  L.R.A. (N.S.)   391. 
Reaffirmation    under    sense    of    im- 
pending   death     of    statement 
previously    made.      56    L.R.A. 
382;    27   L.R.A. (N.S.)    702. 
Consult  also  L.R.A.  Digests  of  Cases. 


I  EVIDENCE,  XI.  j— cont'd 
I  Time     elapsing     between     declaration     and 
death.     56  L.R.A,  421;   1  L,R.A.(N.S.) 
419. 

Form  and  completeness  of  declaration;  oral 
or  written.     56  L.R.A.  423. 

By  signs  and  nods.  56  L.R.A.  427;  2 
B.  R.  C.  923. 

Made  in  answer  to  questions.  56  L.R.A. 
429;  2  B.  R.  C.  920. 

Competency  of  declarant  as  witness.  56 
L.R.A.  432. 

When  there  is  other  evidence  of  same  facts. 
56  L.R.A.  433. 

Questions  for  court  or  jurv.  56  L.R.A.  434; 
16   L.R.A. (N.S.)    660!! 

Right  to  impeach  or  contradict,  and  to  sus- 
tain declarant,  and  witness.  56  L.R.A. 
441;   37  L.R.A. (N.S.)   252. 

Weight  to  which  entitled.     56  L.R.A,  445, 

Questions  of  practice,     56  L.R.A.  450. 

Presence  or  absence  of  accused.  56  L.R.A, 
453. 

Accused  not  prejudiced,     56  L,R.A.   453. 

Women  in  travail,     56  L.R.A.  454. 

In  prosecution  for  homicide  by  commission 
of,  or  attempt  to  commit,  abortion.  63 
L.R.A.  916, 

Admissibility  in  behalf  of  accused  of  dying 
declarations  of  stranger,  37  L.R.A. 
(N.S.)    350. 

Admissibility  as  dying  declarations  of  un- 
contradicted statement  in  presence  of 
accused.     25  L.R.A, (N.S.)    550, 

Admissibility  of  dying  declaration  of  per- 
son for  whose  death  the  accused  is  not 
on  trial,    40  L,R.A.(N.S.)  1195. 

Admissibility  of  dying  declarations  in  civil 
cases.    50  L.R.A. (N.S.)  1167. 

Tc.  Former  testimony. 

§   243.  Generally. 

See  also  supra,  §  134. 

Admissibility,  after  death  of  adversary,  of 
testimony  or  deposition  of  party  given 
or  taken  before  the  former's  death  and 
relating  to  a  personal  transaction  with 
him.  14  L.R.A.  (N.S.)  488;  L.R,A. 
1915F,  771, 

§  2  44,  Testimony  of  accused  at  cor- 
oner's inquest. 

Generally.     70  L.R.A,  33;   33  L.R.A. (N.S.) 

465. 
Competency.     70  L.R.A.  33. 
Practice  in  relation  to,     70  L.R,A,  46. 

§  24'5,  Testimony  on  preliminary  ex- 
amination of  witnesses  not  availa- 
ble at  time  of  trial. 

Right  of  accused  to  be  confronted  with  wit- 
nesses against  him.  25  L.R,A. (N.S.) 
868. 

Necessity  of  representation  by  counsel  at 
preliminary  examination.  25  L,R,A. 
(N.S.)    871. 

Waiver  of  objections.    25  L.R.A. (N.S.)  871, 

Identity  of  accusations,  25  L,R.A. (N.S.) 
872. 


680 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  XI.  k— cont'd 

Circumstances    justifying    admission.      25 

L.R.A.(N.S.)    873. 
Insanity  or   illness  of  witness.     25  L.R.A. 

(N.S.)    873. 
Witness  out  of  jurisdiction.     25  L.R.A.(N. 

S.)  874. 
Witness  absent  by  procurement.    25  L.R.A. 

{N.S.)   874. 
Sufficiency   of   showing   as   to   the   circum- 
stances  justifying  admission.     25 
L.R.A.(N.S.)    875. 
Method  of  proving  former  testimony.     25 

L.R.A.(N.S.)    880. 
Weight  and  effect  of  former  testimony.     25 

L.R.A.(N.S.)  884. 
Impeachment  of  testimony  of  absent  w^it- 
ness.     25  L.R.A,(N.S.)   884. 

XII.  Relevancy   and   materiality, 
a.  In  general. 

S  246.  Generally. 

Relevancy    of    documentary    evidence,    see 

supra,  V. 
Admissibility     of     parol     evidence     as     to 

writing,  see  supra,  VII. 
Admissibility    to    corroborate    or    impeach 

witness,  see  Witnesses,  IV. 

Competency  of  evidence  before  grand  jury. 
28  L.R.A.  318. 

Conclusiveness  of  decisions  of  the  Land  De- 
partment as  to  competency  of  evidence. 
L.R.A.1918D,  633. 

h.  Custom;   habit;   coMse. 

§   24  7.  Custom;   habit. 

On  question  of  negligence  or  contributory 
negligence.  41  L.R.A.(N.S.)  683; 
L.R.A.1916B,  827. 

Admissibility  of  evidence  that  article  pro- 
hibited by  fire  insurance  policy  is  usu- 
ally and  customarilv  found  on  similar 
premises.     3  B.  R.  C.  48. 

Evidence  of  habit  of  witness  on  question  of 
regularity  of  will  where  attesting  wit- 
nesses have  forgotten  circumstances  at- 
tending its  execution.  51  L.R.A.  fN.S.) 
954. 

Evidence  of  customary  compensation  on 
question  as  to  amount  agreed  upon. 
L.R.A.1915C,  1209. 

Admissibility  of  evidence  as  to  habits  of 
deceased  to  show  pecuniary  loss  in  ac- 
tion for  his  death.  L.R.A.1918C,  1111, 
1128;  L.R.A.1918E,  283. 

§   248.  Cause. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  60. 

Admissibility  of  coroner's  finding  to  show 
68  L.R.A.  285;  45  L.R.A.  (N.S.)  404; 
L.R.A.1918E,  924. 

c.  Character  and  reputation. 

§  24  9.  Generally. 

Competency  of  witnesses  as  to,  see  Wit- 
nesses, §  25. 


Begin  xcith  this  booTc  on  every  law  question 


EVIDENCP],  XII.  c— cont'd 

Admissibility  of  evidence  of  bad  character 
or  reputation  where  justification  is 
filed.     38  L.R.A. (N.S.)    118.5. 

Character  of  inmates  or  visitors  in  prose- 
cution for  keeping  disorderly  house. 
20  L.R.A.  G]2. 

Proving  house  disorderly  by  evidence  of  its 
general    reputation.     20    L.R.A.    611. 

Right  of  accused  to  show  unchastity  of 
prosecutrix  in  statutory  rape.  48 
L.R.A. (N.S.)   269. 

Relevancy  of  evidence  as  to  cliaracter  or 
reputation  on  issue  of  fraud  or 
dishonesty  in  civil  case.  49  L.R.A. 
(N.S.)  724. 

Character  of  accomplice  or  associate.  20 
L.R.A.  614. 

Fact  that  witness's  testimony  is  contra- 
dicted by  opposing  testimony  as  war- 
ranting introduction  of  evidence  of  his 
reputation  for  truth  and  veracity.  12 
L.R.A.(N.S.)   364. 

Proof  of  other  crimes  to  rebut  defense  of 
good  character.     62  L.R.A.  300. 

Right  of  witness  to  testify  to  character 
from  personal  knowledge.  22  L.R.A. 
(N.S.)   650. 

Evidence  of  bad  character  to  impeach  wit- 
ness.    41  L.R.A. (N.S.)    901. 

§  250.  Evidence  of  specific  instances 
to  prove  cliaracter. 

The  legal  sense  of  "character."      14  L.R.A. 

(N.S.)  690. 
The    general    rules    of    proof.     14    L.R.A. 

(N.S.)    692. 
The  impeachment  of  witnesses.     14  L.R.A. 

(N.S.)    697. 
The  victims  of  crime.    14  L.R.A. (N.S.)  708. 
Character     for     chaatitv.      14     L.R.A. 
(N.S.)    714;   L.R.A.1916B,  965. 
The    person    accused    of    crime.     14  L.R.A. 

(N.S.)   735. 
Credibility    of   character     of     witnesses     in 
criminal    cases.      14    L.R.A. (N.S.) 
739. 
Character     in     civil     actions.     14     L.R.A. 

(N.S.)   745. 
Character  of  servant  in  action  against  mas- 
ter.    14  L.R.A. (N.S.)   756. 

§   251.  Of  person  killed  or  injured. 

Evidence  of  specific  instances  to  prove  char- 
acter    of     victims     of     crime.     14 
L.R.A. (N.S.)    708. 
Evidence  of  habits  and  character  of  person 
injured  or  killed,  as  affecting  damages. 
1     L.R.A.(N.S.)      198;      L.R.A.1918C, 
1128. 
Evidence  of  character  and  reputation  of  de- 
ceased on  trial  for  homicide.     2  L.R.A. 
(N.S.)    102;   3  L.R.A.(N.S.)    352. 
Admissibility  of  evidence  of  turbulent  and 
dangerous   character   of   victim   of 
assaiilt    or    homicide    on    issue    of 
self-defense.     L.R.A. 1916A,  1245. 

§252.  Of  accused. 

Right  of  defendant  in  criminal  case  to  prove 
character.     20  L.R.A.  613. 


INDEX  TO  L.K.A.  NOTES. 


621 


EVIDENCE,  XII.  c— cont'd 

Evidence  of  defendant's  qharacter  restricted 
as  to  time.     20  L.R.A.  012. 

Necessity  that  evidence  of  defendant's  cliar- 
acter  be  applicable  to  trait  involved. 
20  L.R.A.  612. 

Attacking  defendant's  character.  20  L.R.A. 
609. 

Effect  of  evidence  of  defendant's  good  char- 
acter to  rebut  presumption  from  pos- 
session of  stolen  goods.     20  L.R.A.  614. 

How  and  by  whom  defendant's  character 
proved.     20  L.R.A.  614. 

Evidence  of  specific  instances  to  prove.  14 
L.R.A.  (N.S.)    735. 

Impeaching  defendant's  character  for  credi- 
bility.    20  L.R.A.  616. 

Rebutting  evidence  of  defendant's  good 
character.     20  L.R.A.  616, 

Weight  and  effect  of  evidence  as  to  char- 
acter.    20  L.R.A.  618. 

Effect  of  evidence  of  good  character  to 
create  a  doubt  of  guilt.     20  L.R.A.  617. 

Instructions  limiting  consideration  of  good 
character  to  doubtful  cases.  20  L.R.A. 
618. 

Considering  evidence  of  good  character  in 
determining  degree  of  guilt  or  crime. 
20  L.R.A.  619. 

Competency  to  testify  to  reputation  of  ac- 
cused for  peace  or  violence.  2  L.R.A. 
(N.S.)    553. 

§  253.  To  show  negligence. 

Evidence  as  to  negligence  generally,  see 
infra,  XII.  g. 

Evidence  of  reputation  to  show  incompe- 
tency of  servant  or  master's  knowledge 
thereof.  41  L.R.A.  97;  48  L.R.A.  389; 
33  L.R.A.(N.S.)  751. 

Evidence  of  specific  instances  to  prove  char- 
acter of  servant  in  action  against 
master.     14  L.R.A. (N.S.)    756, 

Admissibility  of  evidence  as  to  habits,  cus- 
tom, or  reputation  of  one  injured  or 
killed,  on  the  question  of  his  own  neg- 
ligence or  freedom  from  negligence.  41 
L.R.A.(N.S.)  683;  L.R.A.1916B,  827. 


d.  Mental   capacity. 

§   254.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §§  38-40. 
Opinion  evidence  as  to,  see  supra,  §§   189- 

193,  infra,  291,  292. 
Sufficiencv  of  evidence  as  to,  see  infra,   §§ 

291,  292,  297,  298,  316. 

Inquisition  of  drunkenness  as  evidence  on 
issue  of  testamentary  capacity.  39 
L.R.A.  227. 

Admissibility  of  coroner's  finding  to  show 
testator's  mental  condition,  68  L,R,A. 
295;  45  L.R.A. (N.S.)   408. 

Right  of  prosecution  to  show  feigned  in- 
sanity.    31  L.R.A.  (N.S.)   113. 

Evidence  to  establish  incompetency  of  wit- 
ness.    46  L.R.A. (N.S.)   1031. 

Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  XII.— cont'd 

e.  Intent;  motive;  fraud;  undue  influ- 
ence; malice. 

§   255.  Intent. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §  41. 
Parol  evidence  as  to,  see  supra,  §§  166,  167. 
Opinion  evidence  as  to,  see  supra,  §  197. 
Sufficiency   of  evidence   as   to,   see   infra,   § 

299. 

Evidence  of  other  crimes  to  show  intent. 
62  L.R.A.  214;  43  L.R.A. (N.S.)  668, 
755,  774,  778. 

To  have  formal  instrument  in  case  of  offer 
and  acceptance  as  evidence.  29  L.R.A. 
437. 

Right  on  trial  for  homicide  to  show  im- 
morality of  deceased  as  bearing  upon 
defendant's  intent  or  motive.  30 
L.R.A. (N.S.)    397. 

Intent  of  one  purchasing  goods  with  knowl- 
edge that  he  cannot  pay  for  them.  44 
L.R.A.(N.S.)   21. 

To  show  that  a  written  instrument  import- 
ing absolute  conveyance  was  intended 
as  a  mortgage.     L.R.A.1916B,  271. 

§  256.  — right  of  one  to  testify  as  to 
his  intent. 

In     general.     23      L.R.A.  (N.S.)      367;      34 

L.R.A.  (N.S.)   323. 
The    common-law    rule.      23    L.R.A. (N.S.) 

368. 
Statement  of.     23  L.R.A. (N.S.)    368. 
Retention    of    common-law    rule     in    some 

jurisdictions.         23      L.R.A.  (N.S.) 

368. 
Rule   under   statutes  permitting  parties   to 

testify.     23  L.R.A. (N.S.)    372, 

§   25  7.  —of  testator. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §  42. 
Parol  evidence  as  to,  see  supra,  §  167. 

Competency  of  scrivener  or  draftsman  to 
testify  as  to  his  own  or  the  testator's 
intention.     38    L.R.A. (N.S.)    91. 

Admissibility  of  declarations  of  beneficiary 
or  executor  as  to  lack  of  testamentary 
capacity  or  undue  influence  to  show 
intent.     38   L.R.A. (N.S.)    743. 

Admissibility  of  testator's  declarations  on 
issue  of  his  intention  in  destroying 
will.  23  L.R.A. (N.S.)  180. 

§   258.  Motive. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  45. 

Evidence  of  other  crimes  to  show  motive. 
62  L.R.A.  199. 

Proof  of  motive  for  homicide  in  resisting 
arrest.       66  L.R.A.  384. 

Right  on  trial  for  homicide  to  show  im- 
morality of  deceased  as  bearing  on  de- 
fendant's motive.  36  L.R.A.  (N.S.) 
397. 


622 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  XII.  e — cont'd 

Right  of  accused  to  show  unchaatity  of 
prosecutrix  in  statutory  rape  as  show- 
ing motive.    48L.R.A.(N.S.)  275. 

§   259.  Fraud  or  good  faith. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §§  47-50. 

Parol  evidence  as  to  fraud,  see  supra,  §  177. 

Sufficiency  of  evidence  as  to,  see  infra,  § 
301. 

Right  of  one  to  testify  as  to  his  intent  as 
to.     23  L.R.A.(N.S.)    393. 

Right  to  show  fraud  in  procurement  of 
foreign  judgment  in  rem.  20  L.R.A. 
673. 

Right  of  alleged  fraudulent  grantee  to  show 
that  judgment  against  grantor  was 
based  on  fraud.     67  L.R.A.  600. 

Right  to  prove  fraud  in  title,  in  proceedings 
of  summary  nature  to  recover  posses- 
sion of  property  demised.  11  L.R.A. 
(N.S.)   260. 

Circumstance  that  one  benefited  by  will 
was  the  draftsman  thereof  or  active  in 
procuring  its  execution,  as  bearing  on 
question  of  fraud  and  deceit.  28  L.R.A. 
(N.S.)   272. 

Evidence  of  good  faith  of  one  accused  of 
larceny  who  claims  to  have  taken  the 
property  under  an  honest  belief  of 
right.     41  L.R.A. (N.S.)   555. 

Of  one  purcliasing  goods  with  knowledge 
that  he  cannot  pay  for  them.  44  L.R.A. 
(N.S.)   21. 

Relevancy  of  evidence  aa  to  character  or 
reputation  on  issue  of  fraud  or  dis- 
honesty in  civil  case.  49  L.R.A. (N.S.) 
724. 


§   260.  Undue  Influence. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §§  52,  53. 
Sufficiency    of    evidence    as    to,    see    infra, 

§  300. 

Ante-testamentary  declarations  as  evidence 
of  undue  influence.  3  L.R.A. (N.S.) 
749. 

§   2«1.  Malice. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  43. 

Proof  of  malice  in  homicide  while  resisting 
arrest.    66  L.R.A.  384. 

Evidence  of  other  crimes  to  show  malice. 
62  L.R.A.  277. 

Repetition  of  privileged  statement  as  evi- 
dence of  malice.    42  L.R.A. (N.S.)   1109. 

/.  Value}   damages. 

8  2  62.  Value. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §  107. 
Opinion  evidence  as  to,  see  supra,  §  194. 
Begin  tvith  this  booK'  on  every  law  qtieaUon. 


EVIDENCE,  XII.  f— cont'd 
Value  of   household   goods   or   wearing   ap- 
parel  in   action   for   loss  or   conversion 
of    or    injury    to    them.      L.R.A. 1917D, 
505.  ' 

Evidence  as  to  price  paid   for  other  prop- 
erty by  party  seeking  to  condemn 
property  for  public  use.    43  L.R.A. 
(N.S.)   985. 
Right  of  owner  of  bap^gage  to  testify  as  to 
its    value    in    action    for    its    loss.      37 
L.R.A. (N.S.)  588. 
Proof  of  value  of  goods  taken  or  souglit  to 
be   taken   in   prosecution    for   burglary. 
34  L.R.A.  (N.S.)    246. 
Newspaper  quotations  as  evidence  of  value. 

16  L.R.A.  (N.S.)   758. 
Evidence    of    structural    value   of    improve- 
ments to  fix  damages  in  condemnation. 
41  L.R.A. (N.S.)   411. 
Determination   of   the  value   of  the  use   or 
rental     of     property.       44     L.R.A. 
(N.S.)  499. 
Evidence  of  value  of  services  or  of  custom- 
ary compensation  on  question  as  to 
amount  agreed  upon.    L.R.A. 1915C, 
1208. 

§   2  63.  Damages. 

Opinion  evidence  as  to,  see  supra,  §  194. 
As  to  measure  of  damages,  see  Damages, 
III. 

Admissibility  of  drawer's  want  of  credit  in 
action  by  him  against  bank  for  wroiig- 
fullv  dishonoring  a  check.  11  L.R.A. 
(N.S.)    224. 

Judgment  against  one  as  prima  facie  evi- 
dence of  amount  of  damages  against 
another,  liable  over,  who  had  no  notice 
of  the  original  suit.  16  L.R.A.(N.S.) 
911. 

Obstruction  of  surface  water  as  element  of 
damages  in  eminent-domain  proceeding; i 
for  a  railroad  right  of  way.  13  L.U.A. 
(N.S.)  237. 

Admissibility  of  evidence  of  family  rela- 
tions of  plaintiff  on  question  of  dam- 
ages in  action  for  libel  or  slander.  23 
L.R.A. (N.S.)   362. 

Right  to  prove  seduction  in  aggravation  of 
damages  in  breach  of  promise  case.  4 
L.R.A.  (N.S.)  616;  36  L.R.A.  (N.S.) 
388. 

What  evidence  admissible  to  show  mental 
anguish.     19  L.R.A. (N.S.)   409. 

Competency  "of  evidence  in  action  for  dam- 
ages for  mental  anguish  in  tele- 
graph case.     49  L.R.A. (N.S.)    285. 

Aa  to  damages  for  loss  or  conversion  of  or 
injury  to  household  goods  or  wearing 
appareL     L.R.A.1917D,  501. 

§   264.  — for  personal  injury. 

As  to  measure  of  damages,  see  Damages, 
III.  k. 

Character  of  evidence  to  show  pecuniary 
loss  in  action  for  death.  L.R.A.1918C, 
1111,  1122;   L.R.A.1918E,  279. 

Evidence  of  the  earnings  of  the  deceased 
to  sliow  pecuniary  loss  by  his  death. 
L.R.A.1918C,  1080^ 


INDEX  TO  L.R.A.  NOTES. 


523 


EVIDENCE,  XII.  f— cont'd 

Of  earnings  in  higher  position  on  question 
of  damages  for  injury  to  person  who 
was  in  line  of  promotion.  1  L.R.A. 
(N.S.)   1150. 

Admissibility,  in  action  for  wrongful  death, 
of  evidence  of  profits  or  contributions 
from  business  conducted  by  decedent. 
L.R.A.1918C,  1087. 

Evidence  of  amount  paid  for  services  of 
substitute  during  incapacity.  30  L.R.A. 
(N.S.)  737. 

Evidence  as  to  physical  condition  of  mem- 
bers of  deceased's  family  in  action  for 
his  death.     49  L.R.A.  (N.S.)   737. 

§    265.  — mitigation  of. 

Of  provocation  to  mitigate  damages  for  as- 
sault. 1  L.R.A.  (N.S.)  137;  11  L.R.A. 
(N.S.)  670. 

In  mitigation  of  damages  for  wife's  libel  or 
slander.     30  L.R.A.  529. 

Admissibility  of  bad  character  or  reputa- 
tion of  plaintiff  in  libel  or  slander  to 
mitigate  damages  where  justification  is 
filed.     38  L.R.A. (N.S.)    1185. 

g.  Negligence. 

§   2  66.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  III.  g. 
Opinion  evidence  as  to,  see  supra,  VIII.  g. 
Sufficiency  of  evidence  as  to,  see  infra,  XIII. 

b. 
Evidence  of  reputation  as  to  negligence,  see 

supra,  §  253. 

As  to  negligence  in  escape  and  explosion  of 
gas.     29  L.R.A.  342. 

Of  negligence  of  street  railway  as  to  exces- 
sive speed.     5  L.R.A. (N.S.)   251. 

Negligence  of  railroad  company  as  to  cattle 
guards.     L.R.A.1915B,  135. 

§   2  6  7.  On  highway. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  76. 

Evidence  in  action  against  township  for  in- 
jury by  defects  in  highway.  13  L.R.A. 
(N.S.)    1244. 

Subsequent  repair  or  removal  of  defect  or 
obstruction  in  street  as  evidence  of 
negligence.    20  L.R.A.  (N.S.)  667. 

Admissibility,  in  prosecution  for  driving 
at  dangerous  speed,  of  evidence  of 
traffic  reasonably  to  be  expected  upon 
highway.     2  R.  R.  C.  201. 

Violation  of  statute  or  ordinance  prohibit- 
ing obstruction  of  crossing  by  trains 
as  evidence  of  negligence.  47  L.R.A. 
(N.S.)   821. 

In  action  for  damages  resulting  from  fright 
of  horse  by  automobile  on  highway.  48 
L.R.A.  (N.S.)   969. 

§   2  68.  Of  master. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §  77. 
Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  XII.  g— cont'd 

Of  specific  acts  of  incompetency  to  charge 
master  with  negligence  in  hiring  em- 
ployee.    25  L.R.A.  716. 

§   2  69.  Contributory  negligence. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  80. 

Evidence  as  to  reputation  to  show,  see  su- 
pra, §  253. 

Intoxication  as  evidence  of  negligence.  40 
L.R.A.  143;  47  L.R.A. (N.S.)   740. 

Evidence  of  fast  driving  and  intoxication 
on  question  of  contributory  negligence 
of  driver  of  horse  encountering  auto- 
mobile on  highway.  60  L.R.A. (N.S.) 
568. 


h.  Precautions  after  accident. 

§   2  70.  Generally. 

Subsequent  repair  or  removal  of,  defect  or 
obstruction  in  street  as  evidence  of  neg- 
ligence.    20  L.R.A. (N.S.)  667. 

Evidence  of  repairs  made  or  precautions 
taken  after' accident.  32  L.R.A.  (N.S.) 
1127. 


i.  Circumstantial  evidence. 

§   2  71.  Generally. 

Sufficiency  of,  see  infra,  §§  293,  319, 

Circumstantial  evidence  as  to  character  of 

accused.     20  L.R.A.  614. 
Distinction   between  rule  res  ipsa  loquitur 

and  rule  as  to  circumstantial  evidence. 

6    L.R.A.(N.S.)    337;    L.R.A.1917E,    6. 


j.  Similar  acts  and  facts. 

§   2  72.  Generally. 

Proof  of  agency  by  evidence  of  similar  acts 
by    alleged    agents.      17    L.R.A. (N.S.) 
2]9. 
Evidence  of   other   assaults  made  at  about 
the   time   of   one   for   which   action   for 
damages   is  brought.     44  L.R.A. (N.S.) 
1173. 
Admissibility  upon  question  as  to  breach  of 
warranty,  of  evidence  as  to  success 
or  failure  of  similar  goods  or  ap- 
paratus.    L.R.A.1915B,  626. 

§   2  7  3.  Other  accidents. 

Evidence  of  prior  accidents.  32  L.R.A. 
(N.S.)    1101. 

Evidence  of  subsequent  accidents.  32 
L.R.A.  (N.S.)    1160. 

As  evidence  of  negligence  on  part  of  munici- 
pality in  respect  to  highway.  20  L.R.A, 
(N.S.)   668. 

Admissibility  of  other  accidents  to  show  im- 
plied notice  to  municipality  of  danger- 
ous condition  of  street.  20  L.R.A. 
(N.S.)   721. 


524 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  XII.  j— cont'd 
§  27  4.  Condition  or  conduct  at  other 
times. 

Admissibility  of  evidence  of  condition,  be- 
fore  and   after   accident,   of   prop- 
erty whose  defects  are  alleged   to 
have    caused    injury.      32    L.R.A. 
(N.S.)  1084. 
Evidence    as    to    prior    conditions.     32 
L.R.A.  (N.S.)   1085. 
Streets,  highways,  and  bridges.    13 
L.R.A. (N.S.)    1244;   32  L.R.A. 
•    (N.S.)    1090. 
Evidence  of  prior  accidents.    32  L.R.A. 

(N.S.)    1101. 
Condition   subsequent  to  the   accident. 
13     L.R.A.  (N.S.)      1244;      32 
L.R.A.(N.S.)  1117. 
Evidence   of   repairs   made   or   precau- 
tions taken  after  an  accident. 
32  L.R.A.(N.S.)   1127. 
General  condition  as  evidence  of  negligence 
on   part  of  municipality   in  respect  of 
highway.    20  L.R.A. (N.S.)  665. 
Admissibility  of  evidence  of  subsequent  vi- 
cious conduct  of  animal   inflicting  in- 
jury.    17  L.R.A.(N.S.)   1233. 

§  275.  Evidence  of  other  crimes. 

General  rule.    62  L.R.A.  194. 

To  show  motive.    62  L.R.A.  199. 

To  show  intent.     62  L.R.A.  214. 

To  show  malice.     62  L.R.A.  277. 

To   prove   defendant's  connection   with   act 

charged.    62  L.R.A.  278. 
To  rebut  special  defenses.    62  L.R.A.  299. 
When  other  crime  is  part  of  the  res  gestce. 

62   L.R.A.   308. 
Relevancy.     62  L.R.A.  320. 
Sexual  offenses.    62  L.R.A.  329. 
In  prosecution  for  sodomy.    46  L.R.A.{N.S.) 

266. 
In  prosecution  for  rape  or  assault  to  rape. 

48  L.R.A.(N.S.)  236. 
In  prosecution  for  incest.    26  L.R.A.  (N.S.) 

466;    L.R.A.1915A,   138. 
In    prosecution    for    obtaining    money    or 
property  by  fraudulent  means.    43 
L.R.A.(N.S.)  667. 
In    prosecution    for    forgery    or    uttering 
forged     instrument.       43     I*R.A. 
(N.S.)    751. 
In  prosecution  for  embezzlement.    43  L.R.A. 

(N.S.)  774. 
In  prosecution  for  larceny.    43  L.R.A. (N.S.) 

776. 
In  prosecution  for  robbery.     L.R.A.1917D. 

388. 
In  prosecution  for  arson,    L  R.A.1  OloA,  809. 
In  prosecution   for   bribery.     L.R.A.1915B 

103. 
Committed  in  resisting  arrest,  or  attempting 

to    escape    after    commission    of    crime 

charged.     62  L.R.A.  338. 
Election  of  offense  relied  on.    62  L.R.A.  344. 
Right  to  question  defendant  concerning,  on 

cross-examination.     62  L.R.A.  345. 
When  not  prejudicial.    62  L.R.A.  347. 
Statement  or  insinuation  by  prosecution  of 

otlier  crime.    62  L.R.A.  348. 
Begin  with  this  booTe  on  every  law  question 


EVIDENCE,  XII.  j— cont'd 

Necessity  and  correctness  of  instruction  to 

jury.     62   L.R.A.   350. 
Miscellaneous.    02  L.R.A.  356. 


Tc.  Rebuttal, 


§  2  76.  Generally. 

By  testimonv  of  accused  at  coroner's  in- 
quest.   70  L.R.A.  43. 

Of  nonexpert  opinion  as  to  sanity  or  insan- 
ity.    38  L.R.A.  743. 

Of  presumption  as  to  exercise  of  due  care 
by  person  injured.  .  33  L.R.A.(N.S.) 
1119. 

Of  presumption  of  accceptance  of  assign- 
ment or  deed  of  trust  for  creditors.  24 
L.R.A.  374. 

Rebuttal  of  wife's  presumptive  agency  in 
procuring  necessaries.  47  L.R.A. (N.S.) 
282. 

Of  presumption  as  to  receipt  of  communica- 
tion sent  through  mail.  49  L.R.A. 
(N.S.)  467. 

Admissibility  of  evidence  to  rebut  presump- 
tion of  death  from  absence.  L.R.A. 
1915B,  742. 

§   2  7  7.  Criminal  cases. 

Rebutting  evidence  of  defendant's  good  char- 
acter.    20  L.R.A.  616. 

Proof  of  good  character  of  deceased  in  re- 
buttal in  prosecution  for  homicide.  3 
L.R.A.(N.S.)   374. 

Evidence  of  other  crimes  to  rebut  special 
defense.     62  L.R,A.  299. 

Proof  of  other  crimes  to  rebut  defense  of 
good  character.     62  L.R.A.  300. 

I.  Contracts;  personal  relations. 

§2  78.  Contracts. 

Presumption  and  burden  of  proof  as  to,  see 

supra.  III.  i. 
SuflSciency  of  evidence  as  to,  see  infra,  XIII. 

f. 

In  action  on  contract  in  violation  of  law. 
12  L.R.A.(N.S.)   623. 

In  action  by  wrongfully  discharged  servant 
for  damages  from  breach  of  contract. 
6  L.R.A. (N.S.)   68. 

In  action  by  vendee  because  of  v:;ndor'8  fail- 
ure to  furnish  abstract  of  title.  43 
L.R.A.(N.S.)   51. 

Evidence  as  to  results  of  use  of  substance 
upon  issue  as  to  breach  of  warranty  as 
to   ingredients.     L.R.A.1915D,  875. 

Admissibility  upon  question  of  breach  of 
wafranty,  of  evidence  as  to  success  or 
failure  of  similar  goods  or  apparatus. 
L.R.A.1915B,  626. 

§   2  79.  —insurance  matters. 

Mode  of  proving  mailing  of  notice  of  ma- 
turity of  premiums  or  assessments.  7 
L.R.A,  (N.S.)   238. 


INDEX  TO  L.R.A.  NOTES. 


525 


EVIDENCE,  XII.  1— cont'd 
§   280.  Personal  relations. 

Evidence  of  divorce  in  action  for  alienation 
of  affections  or  criminal  conversation. 
46  L.R.A.(N.S.)   3085. 

m.  Ownership;  autJiority. 

§    281.  Ownership. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  104. 

Brand  as  evidence  of  ownership  of  cattle. 
U  L.R.A.(N.S.)  87. 

Admissibility  of  declarations  as  to  owner- 
ship by  one  in  possession  of  personal 
property.     49  L.R.A.(N.S.)    700. 

§   2  82.  Authority. 

To  prove  defendant's  authority  or  permis- 
sion for  sale  of  intoxicating  liquors  by 
his  servant.    41  L.R.A.  672. 

n.  Miscellaneous  civil  matters. 

§   283.  Generally. 

Evidence  in  support  of  contempt  proceedings 
to  compel  payment  of  alimony.  24 
L.R.A.  436. 

Evidence  to  establish  insanity  of  witness. 
37  L.R.A.  426;  46  L.R.A.  ('N.S.  )  1031. 

Relevancy  of  evidence  as  to  similarity  or 
dissimilarity  of  handwriting.  62 
L.R.A.   873. 

Acquittal  or  discharge  on  criminal  charge 
as  evidence  of  want  of  probable  cause. 
04  L.R.A.  474. 

Evidence  in  action  for  divorce  on  ground  of 
drunkenness.     34  L.R.A.  452. 

Matters  of  evidence  peculiar  to  the  Torrens 
Law.     L.R.A.1916D,  39. 

Admissibility  of  evidence  of  assessment  or 
nonassessment  of  property  as  affect- 
ing its  dedication  or  acceptance  for 
public  use.    L.R.A.1916B,  1175. 

Evidence  in  action  for  defamation  of  un- 
named person.    48  L.R.A. (N.S.)  363. 

Evidence  in  action  to  enforce  subscription 
to  charity.    48  L.R.A. (N.S.)   814. 

On  question  of  liability  of  vendor  of  trees, 
slirubs,  plants,  or  vines.  49  L.R.A. 
(N.S.)    1154. 

o.  Criminal  matters. 

§   284.  Generally. 

Presumption  and  burden  of  proof  in,  see 
supra,  III.  1. 

Evidence  of  threats,  see  supra,  §  239. 

Evidence  of  character  of  person  killed  or 
injured,  see  supra,  §  251. 

Evidence  of  character  or  reputation  of  ac- 
cused, see  supra,  §  252. 

Evidence  of  other  crimes,  see  supra,  §  275. 

Rebuttal  in  criminal  cases,  see  supra,  §  277. 

Sufficiency  of  evidence  in,  see  infra,  XIII. 
i. 

Of  the  trailing  of  persona  by  bloodhoiinds. 

42   L.R.A.   432;    35   L.R.A.  (N.S.)    870; 

L.R.A.1917E,  730. 
In  prosecution  of  habitual  criminal  or  prior 

offender.    24  L.R.A.  (N.S.)   437. 
Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  XII.  o— cont'd 

Right  of  prosecution  to  show  feigned  in- 
sanity.    31  L.R.A,  (N.S.)   113. 

Repeal  of  statute  excluding  evidence  dis- 
covered or  obtained  by  judicial  proceed- 
ings.    37  L.R.A. (N.S.)    96. 

Admissibility  in  criminal  case  of  testimony 
as  to  facts  learned  while  spying  or 
eavesdropping.     17  L.R.A. (N.S.)  451. 

Is  evidence  of  the  truth  or  falsity  of  an  al- 
leged statement  admissible  in  a  crim- 
inal case  to  corroborate  or  disprove  the 
fact  that  the  statement  was  made.  10 
L.R.A. (N.S.)   335. 

Admissibility  in  a  criminal  prosecution  of 
a  judgment  rendered  in  a  civil  action. 
26  L.R.A. (N.S.)  461. 

Proof  of  former  conviction  where  greater 
penalty  is  imposed  for  crime  committed 
by  habitual  criminals  or  prior  offend- 
ers.   48  L.R.A. (N.S.)  206. 

Sjufficiency  of  record  offered  to  prove  con- 
viction or  acquittal.  L.R.A.1916B, 
954. 

§  285.  Evidence  of  corpus  delicti.     - 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §  115. 
Sufficiency  of  evidence  as  to,  see  infra,  §  318. 

Proof  of  corpus  delicti.     68  L.R.A.   33. 
In    arson.      16    L.R.A. (N.S.)     285;    L.R.A. 

1916D,  1299. 
In  false  pretenses.    19  L.R.A.  (N.S.)   443.      } 
Larceny.      68    L.R.A.   65;    28   L.R.A. (N.S.) 

536;  L.R.A.1916B,  846. 
In  homicide.     68  L.R.A.  57,  73,  75,  76,  77, 

78. 
In  rape.     L.R.A.1916B,  747. 

§   285a.  Evidence  of  alibi. 

Evidence  of,  in  prosecution  for  homicide  in 
carrving  out  unlawful  conspiracy.  68 
L.R.A.  222. 

Proof  of,  on  trial  of  one  found  in  posses- 
sion of  recently  stolen  property.  12 
L.R.A.(N.S.)   199. 

§   286.  In  prosecution  for  homicide. 

As  to  character  or  reputation  of  deceased, 

see  supra,  §  251. 
As  to  character  or  reputation  of  accused, 

see  supra,  §  252. 
Presumption  and  burden  of  proof  as  to,  see 

supra,  §  116. 
Sufficiency   of   evidence    as    to,     see    infra, 

§  326. 

In  prosecution  for  negligent  homicide.     61 

L.R.A.  298. 
In  action  for  homicide  by  misadventure.    3 

L.R.A.(N.S.)    1161. 
In  prosecution  for  homicide  in  commission 

of  unlawful  act.    63  L.R.A.  397. 
In  prosecution  for  homicide  in  commission 
of,  or  attempt  to  commit,  an  abortion. 
63  L.R.A.  914. 
In  prosecution  for  homicide  in  resisting  ar- 
rest,   or   of   officer   of   justice.      66 
L.R.A.  381. 
In  prosecution  for  homicide  in  carrying  out 
unlawful    conspiracy.      68    L.R.A. 
215. 


526 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  XII.  o— cont'd 

In  prosecution  for  homicide  resulting  from 
injuries  by  different  persons  acting  in- 
dependently.   67  L.R.A.  430. 

Right  of  one  to  testify  as  to  his  intent.  23 
L.R.A,(N.S.)   388,  34  L.R.A.(N.S.)  324. 

Evidence  of  lower  or  different  degree  in 
prosecution  for  homicide.  18  L.R.A. 
(N.S.)    16;  43  L.R.A.(N.S.)   813. 

Proof  of  corpus  delicti.  68  L.R.A.  57,  73, 
75,  76,  77,  78. 

Evidence  of  other  crimes  in  prosecution  for 
murder.  62  L.R.A.  200,  227,  278,  308, 
320. 

Right  on  trial  for  homicide  to  show  im- 
morality of  deceased  as  bearing  upon 
defendant's  intent  or  motive.  36  L.R.A. 
(N.S.)  397. 

Admissibility,  on  trial  for  murder,  of  testi- 
mony of  accused  at  coroner's  inquest. 
70  L.R.A.  33;  33  L.R.A.  (N.S.)   465. 

Admissibilitv  of  coroner's  finding  to  show 
cause  of  death.  68  L.R.A.  285;  45 
L.R.A.(N.S.)    404;   L.R.A.1918E,   924. 

Admission  in  evidence  of  portions  of  body 
of  deceased,  on  trial  for.  12  L.R.A. 
(N.S.)   238. 

Right  of  court  to  order  disinterment  of 
corpse  for  evidential  purposes.  22 
L.R.A. (N.S.)  513. 

Evidence  of  declarations  of  victim  of  intent 
to  commit  suicide.     L.R.A.1916B,  821. 

§  287.  In  prosecution  for  miscellane- 
ous crimes. 

In  prosecution  of  carrier  for  transporting 
intoxicating  liquors.    46  L.R.A.  420. 

Possession  of  recently  stolen  property  as 
evidence  of  burglary.  12  L.R.A. (N.S.) 
199. 

Competency  of  prosecuting  witness  on  trial 
for  obtaining  property  by  false  pre- 
tenses to  testify  that  he  was  induced 
to  part  with  his  property  by  defend- 
ant's statements.    34  L.R.A. (N.S.)  642. 

Right  of  accused  to  show  unchastity  of 
prosecutrix  in  statutory  rape.  48 
L.R.A. (N.S.)    269. 

Evidence  of  impotencv  in  prosecution  for 
rape.     L.R.A.1915B,  132. 

In  prosecution  for  rape  of  female  of  un- 
sound mind.     L.R.A.1916F.  749. 

In  prosecution  under  congressional  "white 
slave  traffic  act."    L.R.A.1915A,  866. 

XIII.  Weight;  effect;  sufficiency. 


a.  In  general. 


§  288.  Generally. 

Conclusiveness  of  judgment,  see  Judgment. 
Weight   of   evidence   as   question   for   jury, 
see  Trial,  §§  20,  21. 

Conclusiveness  of  decisions  of  the  Land  De- 
partment as  to  sufficiencv  and  weight 
of    evidence.      L.R.A.1918D,    633. 

Begin  u-ith  this  hoolc  on  every  late  question 


EVIDENCE,  XIII.  a— cont'd 

Conclusiveness  of  judicial  admission  as  to 
strangers.  28  L.R.A. (N.S.)  327;  L.R.A. 
1915A,  200. 

Effect  of  party's  changing  testimony  on 
second  trial,  to  supply  defects  in  the 
case  made  on  the  first  trial.  37  L.R.A. 
(N.S.)   429. 

Necessity  of  qualifying  by  reference  to  con- 
scious falsity  an  instruction  under  a 
statute  enacting  the  maxim.  Falsus  in 
ttno,  falsus  in  omnibus,  witliout  that 
qualification.     29  L.R.A. (N.S.)    080. 

Power  of  court  to  disregard  testimony  be- 
cause contrary  to  scientific  principles. 
7  L.R.A.  (N.S.)  357;  15  L.R.A.  (X.S.) 
701;  28  L.R.A.(N.S.)  648;  L.R.A. 
1916D,  301. 

Right  to  judgment  non  obstante  veredicto 
because  of  failure  of  proof.  12  L.R.A. 
(N^.S.)    1021;   L.R.A.1916E,  828. 

In  obtaining  judgment  nunc  pro  tunc.  20 
L.R.A.  145. 

Injunction  against  judgment  for  erroneous 
decision  as  to  sufficiency.  30  L.R.A. 
704. 

Power  of  appellate  court  to  reverse  convic- 
tion for  insufficiency  of  evidence  to  sus- 
tain verdict.     17  L.R.A.  484. 

Degree  of  certainty  with  which  perjury  may 
be  established  to  constitute  ground  for 
relief  against  judgment.  10  L.R.A. 
(N.S.)   220. 

§   289.  Necessity  of  corroboration. 

In  criminal  cases,  see  infra,  §§  320,  321. 

Necessity  of  corroboration  of  admission  or 
testimony  of  party  to  divorce  in  rela- 
tion to  the  state  of  mind.     25  L.R.A. 

(N.S.)   45. 


§   2  90.  Of  expert  testimony. 

Generally.     42  L.R.A.  753. 

Weight.     42  L.R.A.  755, 

Opinions    as    to    values    and    damages.      42 

L.R.A.  767. 
As   to   the   value    of    professional    services. 

45   L.R.A.(N.S.)    181. 
Opinions  in  patent  cases.     42  L.R.A.  770. 
Opinions  as  to  handwriting.    42  L.R.A.  711: 

L.R.A.191D,  642. 
Opinion    as   to   typewriting.     L.R.A.1918D, 

652. 


§  291.  — as  to  sanity  and  mental  ca- 
pacity. 

Expert  evidence  as  to,  generally,  see  supra, 

§    190. 
Weight  of  evidence  as  to  sanity  as  question 

for  jury,  see  Trial,  §  21. 

In  general.     39  L.R.A.  328;   42  L.R.A.  767 

As  affected  bv  facts  and  opportunity  to  ob- 
serve.    39   L.R.A.  329. 

As  affected  by  character,  bias,  and  nature 
of  the  question.     39  L.R.A.  331. 

As  compared  with  other  expert  opinions.  C9 
L.R.A.  331. 


INDEX  TO  L.R.A.  NOTES. 


527 


EVIDENCE,  XIII.  a— conf  d 

As  compared  with  nonexpert  opinions.     39 

L.R.A.  332. 
As  question  for  the  jury.     39  L.R.A.  333. 

§  2  92.  Of  nonexpert  opinion  as  to 
sanity  or  mental  capacity. 

Nonexpert  evidence  as  to,  generally,  see 
supra,  §   191. 

Weight  of  nonexpert  opinions  as  to  sanity 
or  mental  capacity.     38  L.R.A.  745. 

Of  subscribing  witnesses  as  to  sanity  or  in- 
sanity of  testator.  39  L.R.A.  720;  6 
L.R.A.  (N.S.)   575. 

§   293.  Circumstantial  evidence. 

In  criminal  cases,  see  infra,  §   319. 
Relevancy  of,  see  supra,  §  271. 

Recovery  for  death  on  circumstantial  evi- 
dence.    2  L.R.A. (N.S.)    905. 

Discliarge  of  burden  of  proof  as  to  contribu- 
tory negligence  by.  33  L.R.A. (N.S.) 
1138,  1177. 

h.  Negligence. 

§    294.   Generally. 

I'resumption  and  burden  of  proof  as  to,  see 
supra,  III.  g. 

Opinion  evidence  as  to,  see  supra,  VIII.  g. 

Relevancy  of  evidence  as  to,  see  supra,  XII. 
g- 

Of  intoxication  as  evidence  of  negligence. 
40  L.R.A.  145. 

Probative  value  of  various  facts  as  tending 
to  show  culpability  of  master  in  em- 
ployment of   servants.     48   L.R.A.   378. 

Violation  by  servant  of  rule  adopted  by 
railway  company  as  evidence  of  neg- 
ligence toward  one  other  than  servant. 
8'L.R.A.(N.S.)  10G3;  L.R.A.1917C,  793. 

Operating  street  car  at  speed  in  excess  of 
tbat  prescribed  by  ordinance  as  evi- 
dence of  negligence.  8  L.R.A. (N.S.) 
1093. 

Sufficiency  of  proof  of  negligence  of  carrier 
causing  injiiry  to  passenger.  13  L.R.A. 
(N.S.)  602;  29  L.R.A.  (N.S.)  809; 
L.R.A.1916C,  366. 

Sufficiency  of  evidence  to  establish  negli- 
gence respecting  escape  and  explosion 
of  gas.     29  L.R.A.  346. 

Proof  necessary  to  discharge  burden  resting 
on  plaintiff  in  action  against  physician 
for  malpractice  to  show  that  his  negli- 
gence or  unskilfulness  caused  or  con- 
tributed to  death  or  injury  of  patient. 
15  L.R.A. (N.S.)   416. 

Negliofence  of  railroad  company  as  to  cattle 
o^iards.     L.R.A. 1915B,  136. 

Credibility  and  effect  of  testimony  of  person 
injured  at  a  railroad  crossing  that  he 
looked  and  listened,  where  he  must  have 
detected  the  train  had  he  looked  or 
listened.     L.R.A.1915B,  140. 

Violation  of  statute  or  ordinance  as  to 
obstruction  of  crossings  by  trains  as 
negligence  per  se.    47  L.R.A.  (N.S.)  821. 

<yonsuit  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  XIII.  b— cont'd 

Sufficiency  of  evidence  to  render  carrier  li- 
able for  injury  to  passenger  for  act 
of  drunken  fellow  passenger.  4  B.  R. 
C.  330. 

c.  Matters  as   to   jjersons. 

§   2  95.  In  general;   marriage;  divorce. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §§  27,  28. 

Sufficiency  of  evidence  to  establish  condona- 
tion of  matrimonial  offense.  6  B.  R.  C. 
617. 

Proof  of  ceremonial  marriage  by  testi- 
mony of  eyewitnesses,  celebrant,  or 
parties.     L.R.A.1915E,  121. 

Insufficiency  of  evidence  to  warrant  divorce 
as  a  basis  of  attack  on  decree.  L.R.A. 
1917B,  432. 

§   296.  L,egitimacy. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  24. 

Proof  necessary  to  establish  bastardy  of 
child  born  to  married  woman.'  36 
L.R.A. (N.S.)    255. 

§   2  9  7.  Sanity;   capacity. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §  38. 
Weight  of  opinion  evidence  as  to,  see  supra, 

§§  291,  292. 
As  to  sanity  of  accused,  see  infra,  §  316. 

Evidence  necessary  to  satisfy  or  shift  bur- 
den as  to  sanity.     36  L.R.A.  735. 

As  to  sanity  or  insanity  at  time  of  mar- 
riage.    40  L.R.A.  742. 

Degree  of  proof  of  mental  and  physical  con- 
ditions of  persons  whose  dying  declara- 
tions are  offered  in  evidence.  56  L.R.A. 
-     418. 

§   2  9  8.  —of  testator. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  39. 

Suicide   as   evidence   of   testamentary   inca- 
pacity.    24  L.R.A.  577. 
Weight  of  testimony  of  subscribing  witness- 
es   as    to    sanity    or    insanity.     39 
L.R.A.  720. 
Against    competency    of    testator.        6 
L.R.A.(N.S.)    575. 

§   299.  Intent. 

Presumption    and    burden    of    proof    as    to, 

see  supra,  §§  41,  42. 
Parol  evidence  as  to,  see  supra,  §§  166.  167. 
Opinion  evidence  as  to,  see  supra,  §  197. 
Relevancy    of    evidence    as    to,    see    supra, 

§§  255-257. 

Weight  and  conclusiveness  of  testimony  of 
party  as  to  his  intent.  23  L.R.A. (N.S.) 
402. 

Sufficiency  of  evidence  to  show  intentional 
injury  in  action  on  insurance  policy 
exempting  insurer  or  limiting  its  lia- 
bility in  case  of  injury  intentionally  in- 
flicted by  another.  48  L.R.A. (N.S.) 
524. 


528 


INDEX  TO  L.K.A.  NOTES. 


EVIDENCE,  XIII.  c— cont'd 

Weight  of  parol  evidence  introduced  to 
sliow  that  instrument  importing  an  ab- 
solute conveyance  was  intended  as  a 
mortgage.      L.R.A.1916B,    247. 

g   2  99n.  Knowledge;  notice. 

Knowledge  of  insured  of  falsity  of  state- 
ments respecting  family  history.  L.R.A. 
1917C,  876. 

Knowledge  of  testator  of  contents  of  his 
will.    L.R.A.1918D,  754. 

§  300.  Undue  Influence. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §§  52,  53. 
Relevancy  of  evidence  as  to,  see  supra,  § 
260. 

SuflRciency  of  evidence  to  repel  presump- 
tion of  undue  influence  from  circum- 
stance that  one  benefited  by  will  was 
the  draftsman  thereof  or  benefited  by 
procuring  'its  execution.  28  L.R.A. 
(N.S.)  288. 

§  301.  Fraud. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §  47. 
Parol  evidence  as  to  fraud,  see  supra,  §  177. 
Relevancy    of    evidence    as    to,    see    supra, 

§  259. 

Degree  of  certainty  necessary  to  establish 
fraud  in  a  civil  action.     33  L.R.A. 
(N.S.)  836. 
Character  and  siiflTiciency  of  proof  to  repel 
suspicion  of   fraud  from   circumstance 
that  one  benefited  by   a  will   was   the 
draftsman  thereof  or  active  in  procur- 
ing    its     execution.     28     L.R.A.  (N.S.) 
279. 

§  302.  —as  against  creditors. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §§  48-50. 

Conclusiveness  of  presumption  of  fraud 
from  retention  of  chattels  by  vendor. 
24  LJl.A.(N.S.)   1127-. 

§  302a.  Drunkenness. 

Sufficiency  of  evidence  to  warrant  removal 
of  officer  for  drunkenness.  50  L.R.A. 
(N.S.)   915. 

Weight  and  sufficiency  of  evidence  of  in- 
toxication as  affecting  negligence.  47 
L.R.A. (N.S.)  742. 

g  303.  Probable  cause. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  46. 

Conclusiveness  of  presumption  of  want  of 
probable  cause  for  prosecution  from  dis- 
charge.    64  L.R.A.  486. 

§  303a.  Identity. 

Parol  evidence  as  to,  see  supra,  §  183. 

Sufficiency  of  evidence  to  establish  identity 
in  action  for  defamation  of  unnamed 
person.     48  L.R.A. (N.S.)    369. 


EVIDENCE,  XIII.  c— cont'd 

Sufliciency  of  evidence  of  resemblance  be- 
tween finger  or  hand  prints  as  proof 
of  identity.     3  B.  R.  C.  70. 

d.  To  overcome  writing. 

§  304.  Generally. 

Cogency  of  proof  in  suit  for  relief  from 
mistake  of  law  as  to  effect  of  instru- 
ment.    28  L.R.A. (N.S.)   917. 

Sufficiency  of  evidence  to  impeach  certifi- 
cate of  acknowledgment  of  deed.  0 
L.R.A.(N.S.)  442;  41  L.R.A.  (N.S.) 
1176. 

Sufficiency  of  proof  of  mistake  to  secure 
avoidance  of  release  of  claim  for  per- 
sonal injuries.     L.R.A.1916B,  785. 

e.  Of  documentary  evidence, 

§  305.  Generally. 

Comparison  of  handwriting.     62  L.R.A.  871. 

Change  of  law  as  to  effect  of  tax  certificates 
as  evidence  of  title.  4  L.R.A.  (N.S.) 
]074. 

Effect  of  public  record  as  notice  or  evidence 
of  notice  to  start  statute  of  limitations 
against  action  based  on  fraud.  22 
L.R.A.(N.S.)   208. 

Right  of  insurance  company  to  rely  on 
clause  giving  it  option  as  to  payee  of 
proceeds  of  policy  and  making  receipt 
conclusive  evidence  of  payment  to 
proper  person.     20  L.R.A.  ( N.'S. )  928. 

Constitutionality  of  statute  making  bill  of 
lading  conclusive  proof  of  receipt  of 
property.     22  L.R.A. (N.S.)  821. 

§   306.  Judgment. 

Judgment  against  officer  as  conclusive  evi- 
dence against  surety  on  official  bond. 
52  L.R.A.  3  76,  185,  187. 

§   30  7.  liife  tables. 

Conclusiveness  and  effect  of  tables  of  ex- 
pectancy of  life.  40  L.R.A.  560;  L.R.A. 
1918C,  1074. 

§   308.  Photographs. 

Conclusiveness  of  photographs  introduced  in 
evidence.     15  L.R.A. (N.S.)   1162. 


§  308a.  Enrolled  bill. 

Conclusiveness     of.     23     L.R.A. 
L.R.A.(N.S.)   L 

/.  Contracts, 


340;      40 


Begin  uHth  this  booTe  on  every  law  question. 


§   309.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 

supra.  III.  i. 
Relevancy    of    evidence    as    to,    see    supra, 

XII.  1. 

To  overcome  denial  of  contract.     4  L.R.A. 

(N.S.)   410. 
Degree  of  proof  necessary  to  establish  parol 

,£ri ft  of  real  estate.     9  L.R.A.(N.S.)  508. 
Proof  of  secondary  contract  abrogating  or 

altering  prior  contract.     L.R.A.1915B, 

68. 


INDEX  TO  L.R.A.  NOTES. 


52<J 


EVIDENCE,  XIII.  f— cont'd 

Weight  of  parol  evidence  introduced  to  show 
that  instrument  importing  an  absolute 
conveyance  was  intended  to  operate  as 
a  mortgage.    L.R.A.1916B,  247. 

Evidence  necessary  to  show  waiver  of  stip- 
ulation in  building  contract  that  alter- 
ations or  extras  must  be  ordered  in 
writing.     48  L.R.A.(N.S.)    583. 

Sufficiency  of  evidence,  in  connection  with 
possession  of  deed  by  grantor  at  his 
death,  to  show  nondelivery  of  deed.  44 
L.R.A.(N.S.)    529. 

Sufficiency  of  evidence  to  show  delivery  of 
deed,  though  grantor  had  possession 
thereof  at  his  death.  44  L.R.A.(N.S.) 
534. 

Proof  of  contract  to  leave  property  in  con- 
sideration of  services  or  support  in 
suit  for  its  specific  performance.  44 
L.R.A.(N.S.)    743. 

Proof  of  contract  to  leave  property  to  child 
in  consideration  of  his  living  with 
promisor,  in  suit  for  specific  perform- 
ance.    44   L.R.A.(N.S.)    769. 

§   310.  Of  employment. 

Presumption  and  burden  of  proof  as  to, 
see  supra,  §  92. 

Sufficiency  of  evidence  to  support  a  recov- 
er}' for  services  rendered  by  relative  or 
member  of  household,  11  L.R.A.  (N.S.) 
893,  901. 

Tn  action  by  wrongfully  discharged  servant 
for  damajres  from  breach  of  contract. 
6  L.R.A.('N.S.)    68. 

Sufficiency  of  proof  of  other  employment  in 
mitigation  or  reduction  of  damages  for 
■wrongful  disciiarge  of  servant.  6 
L.R.A.(N.S.)   110. 

§   Sll.  Insurance  matters. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  103a. 

Sufficiency  of  proof  of  falsity  of  statements 
by  insured  respecting  family  history. 
L.R.A.1917C,  876. 

Sufficiency  of  evidence  to  show  intentional 
injury  in  action  on  insurance  policy 
exempting  insurer  or  limiting  its  lia- 
bility in  case  of  an  injury  intentionally 
inflicted  by  another.  48  L.R.A.(N.S.) 
529. 

Conclusiveness  of  proofs  of  loss  as  against 
insured  or  his  beneficiaries.  44  L.R.A. 
846 

Validity  and  construction  of  provision  in 
insurance  policy  requiring  the  fact  or 
circumstances  of  loss  to  be  established 
bv  eye  witness.  51  L.R.A. (N.S.)  221; 
L.R.A.1918F,  420. 

g.  Will  cases, 

§   312.  Generally. 

Testamentary     capacity     of     testator,     see 

supra,  §"^298. 
.As  to  undue  influence,  see  supra,  §  300. 
Presumption    and    burden    of    proof    as    to 

wills,   see   supra,   §   102. 
Consult  also  L.R.A.  Digests  of  Cases.    34 


EVIDENCE,  XIII.  g— cont'd 

Sufficiency  of  proof  to  account  for  nonpro- 
duction  of  will  upon  application  to  pro- 
bate   it    as    a    lost    or    destroved    will. 

50  L.R.A. (N.S.)   861. 
To  prove  execution  of  lost  or  destroyed  will. 

38  L.R.A.  441. 

To  prove  contents  of  lost  or  destroyed  will. 
38  L.R.A.  446. 

Sufficiency  of  proof  of  knowledge  by  testa- 
tor of  contents  of  his  will.  L.R.A. 
1918D,  754. 

Evidentiary  force  of  circumstance  that  one 
benefited  by  a  will  was  the  draftsman 
thereof,  or  was  active  in  procuring  its 
execution.     28  L.R.A. (N.S.)   270. 

Proof  of  will  where  attesting  witnesses 
have  forgotten  circumstances  attend- 
ing its  execution.  51  L.R.A.  (N.S.) 
927. 

Effect  of  adverse  testimony  of  attesting  wit- 
nesses as  to  execution  of  will.  L.R.A. 
1916C,  1218. 

h.  Miscellaneous  civil  cases. 

§   313.  Generally. 

Degree  of  proof  requisite  to  establish  fact 
and  contents  of  lost  instrument  which 
is  to  constitute  muniment  of  title. 
L.R.A.1918B,  879. 

Under  the  Torrens  Law.     L.R.A.1916D,  39. 

Sufficiency  of  evidence  as  to  death  witliout 
issue.     4  B.  R.  C.  632. 

Sufficiency  of  circumstances  to  rebut  pre-» 
sumption  of  death  from  absence.  L.R.A. 
1915B,  743. 

Sufficiency   of   evidence   to   establish   pecun- 
iary  loss   in    statutory   action    for 
death.      L.R.A.1916E,   145;    L.R.A. 
1918C,  1111,  1122. 
In    action    by    parents    for    death    of 

minor  child,  L.R,A,1918E,  290. 
In  action  by  parent  to  recover  for 
death  of  adult  child.  L.R.A.1916E, 
197. 
In  statutory  action  by  adult  child  to 
recover  for  death  of  parent.  L.R.A. 
1916E,  180, 

Sufficiency  of  proof  that  injury  to  em- 
ployee arose  out  of  and  in  the  course 
of  the  employment  within  meaning  of 
Workmen's  Compensation  Act.  L.R.A. 
1917D,   131;   L.R.A.1918F,  915. 

Sufficiency  of  evidence  that  death  resulted 
from  an  accident  or  personal  injury 
within  meaning  of  Workmen's  Com- 
pensation Act.     L.R.A.1918F,  877. 

In  action  for  damages  for  mental  anguish 
in  telegraph  case.  49  L.R.A.. (N.S.) 
285. 

Of  poor  condition,  when  delivered,  of  trees, 
in  action  against  vendor.  49  L.R.A. 
(N.S.)   1154. 

Constitutionality  of  statute  which  makes 
shipper's  statement  as  to  weight  con- 
clusive.    L.R.A.1917E,  1022. 

Making  weight  as  found  by  public  weigher 
conclusive  as  between  buyer  and  seller. 

51  L.R.A. (N.S.)    731. 


530 


INDEX  TO  L.K.A.  NOTES. 


EVIDENCE,  XIII.  h— cont'd 

Conclusiveness  of  presumption  as  to  re- 
ceipt of  conununication  sent  through 
mail.     49  L.K.A.  (N.S.)   458. 

Weight  and  sutliciency  of  evidence  to  re- 
but presumption  as  to  receipt  of  com- 
munication sent  through  mail.  49 
L.U.A.(N.S.)   469. 

May  proof  of  delivery  essential  to  gift  rest 
upon  subsequent  declarations  of 
donor  alone.     L.R.A.1916E,  288. 

As  to  right  of  setoff  on  mortgage  fore- 
closure.    21  L.R.A.  327. 

Proof  of  failure  or  refusal  of  bankrupt  or 
person  having  money  or  property  be- 
longing to  bankrupt  to  deliver  it  to 
trustee  sufficient  to  justify  contempt 
order.     23   L.R.A.(N.S.)    256. 

Sufficiency  of  evidence  before  tribunal  of  as- 
sociation or  corporation  to  support  ex- 
pulsion of  member.     49  L.R.A.  369. 

Kind  and  amount  of  proof  necessary  to  es- 
tablish tenant's  title  by  adverse  pos- 
session.    53   L.R.A.   945. 

In  action  against  heirs  for  obligations  of 
ancestor.     21   L.R.A.  92. 

Data  necessary  to  warrant  recovery  for  con- 
sequential damages  to  real  property. 
3  L.R.A.  (N.S.)   333. 

Degree  of  certainty  with  which  perjury  set 
up  as  ground  for  relief  against  judg- 
ment must  be  established.  L.R.A. 
1916B,  891. 

Weight  and  sufficiency  of  evidence  of  assess- 
ment or  nonassessment  of  property  as 
alfecting  its  dedication  or  acceptance 
for  public  use.     L.R.A.1916B,  1177. 

§   314.  Libel. 

Sufficiency  of  evidence  to  establish  identity 
in  action  for  defamation  of  unnamed 
person.     48   L.R.A. (N.S.)    369. 

Degree  of  proof  necessary  to  establish  justi- 
fication in  action  for  libel  or  slander 
charging  criminal  act.  10  L.R.A.(N.S.) 
1051;   25   L.R.A. (N.S.)    1215. 

Character  and  sufficiency  of  proof  of  truth 
as  a  defense  to  a  civil  action  for  libel 
or  slander.  31  L.R.A.(N.S.)  132;  50 
L.R.A.(N.S.)   1041. 


i.  Criminal  cases. 

1.  In  general. 

§   315.  Generally. 

Presumption   and   burden   of  proof  in,   see 

supra,  in.  1. 
Relevancy  of  evidence  in,  see  supra.  XII.  o. 
Sufficiency  of  evidence  before  grand  jury  to 

sustain    indictment,    see    Grand   Jury 

§  8. 

Applicability  in  proceeding  to  punish  crimi- 
nal contempt  of  rules  as  to  degree  of 
proof  in  criminal  cases.  L.R.A.1917B 
123. 

Weight  and  effect  of  evidence  as  to  charac- 
ter of  accused.     20  L.R.A.  618. 

Sufficiency  of  evidence  before  grand  jury  to 
sustain  indictment.     28  L.R.A.  324. 

Begin  with  this  hook  on  every  law  question. 


EVIDENCE,  XIII.  i,  1— cont'd 

Right  of  court  to  caution  jury  as  to  believ- 
ing testimony  of  accused  in  his  own  be- 
half.    19  L.R.A.(N.S.)   802. 

Weight  and  etFect  on  trial  of  accused  of 
testimony  given  by  witnesses  on  pre- 
liminary examination.  25  L.R..\.(  N.S. ) 
884. 

Sufficiency  as  proof  of  identity,  of  evidciui- 
of  resemblance  between  finger  or  liuiKl 
prints.     3  B.  R.  C.  70. 

Degree  of  proof  of  venue  in  criminal  cases. 
L.R.A.1918B,  1187. 

§   316.  As  to  sanity. 

Presumption  and  burden  of  proof  as  to,  see 
supra,  §  40. 

Beyond  a  reasonable  doubt.  39  L.R.A.  737; 
44  L.R.A.(N.S.)   125. 

To  the  satisfaction  of  the  jurv.  39  L.R.A. 
737. 

A  preponderance  of  the  evidence.  39  L.R.A. 
739;    44   L.R.A. (N.S.)    126. 

Clearly  proved,  reasonable  certainty,  etc. 
39  L.R.A.  742. 

On  issue  of  present  insanity  in  criminal 
case.     34  L.R.A. (N.S.)    1115, 

Right  of  jury  to  abide  by  presumption  of 
defendant's  sanity  as  against  uncon- 
tradicted evidence  to  the  contrary.  24 
L.RJ^.(N.S.)    545. 

§   317.  As  to  alibi. 

Burden  of  proof  as  to,  see  supra,  §  114. 

Proof    by    defendant    beyond    a    reasonable 

doubt.     41   L.R.A.  530. 
Proof  by  defendant  by  a  preponderance  of 

evidence.     4l"  L.R.A.  530. 
Proof   by   defendant   to   raise   a   reasonable 

doubt.     41  L.R.A.  533. 
Proof  by   prosecution   beyond   a   reasonable 

"doubt.     41   L.R.A.  534. 
Time  covered  by  proof.     41  L.R.A.  541. 


8   318.  Corpus   delicti. 

Burden  of  proving,  see  supra,  § 
Relevancy    of    evidence    as    to, 
§  285. 


115. 

see    supra. 


Generally.     68  L.R.A.  57. 

In    arson.      16    L.R.A. (N.S.)     285;    L.R.A 

1916D,  1299. 
In   embezzlement.     L.R.A. 1917A,   1289. 
In     homicide.     68     L.R.A.     73,     75-78;     7 

L.R.A.(N.S.)   181. 
In  larceny.     68  L.R.A.  65;  28  L.R.A. (N.S.) 

537;'L.R.A.1916B,  846. 
In  rape.     L.R.A.1916B,  747. 


§  318a.  Dying  declarations. 

Weight  to  which  dying  declarations  are  en- 
titled. 56  L.R.A.  445;  52  L.R.A. (N.S.) 
152. 

§  319.  Circumstantial  evidence. 

Relevancy  of  evidence  as  to,  see  supra, 
§  271. 

Is  extrajudicial  confession  circumstantial 
testimony.     L.R.A.1917D,  595. 


IXDEX  TO  L.R.A.  NOTES. 


531 


EVIDENCE,  XIII.  i,   1— cont'd 

Necessity  of  instruction  as  to.  69  L.E.A. 
393;    12   L.R,.4f(N.S.)    220. 

Sufficiency  of  circumstantial  evidence  to 
identify  remains  found  as  tiiose  of  per- 
son charged  to  have  been  killed.  7 
L.R.A.(N.S.)    181. 

Does  chain  theory  apply  where  the  evidence 
is  wholly  circumstantial.  41  L.R.A. 
(N.S.)    749. 

Establishment  in  prosecution  for  perjury  of 
falsity  of  testimony  by  circumstantial 
evidence.    44  L.R.A.(N.S.)  513. 

§   320.  Corroboration. 

In  civil  cases,  see  supra,  §  289. 

Proof  of  corpus  delicti  for  purpose  of.  68 
L.R.A.  50,  64,  68,  71,  73. 

Instructing  jury  as  to  corroboration  of  tes- 
timony of  accused.  19  L.R.A. (N.S.) 
812. 

Applicability  of  rule  that  conviction  of  per- 
jury cannot  rest  upon  uncorroborated 
evidence  of  a  single  witness,  to  prose- 
cution for  subornation  of  perjury.  44 
L.R.A.{N.S.)    307. 

Necessity  of  corroborating  evidence  as  to 
reputation  of  house  to  support  a  con- 
viction of  keeping  a  disorderly  house. 
46   L.R.A.(N.S.)    593. 

Contradictor}^  statements  made  by  one  ac- 
cused of  perjury  as  sufficient  corrobora- 
tion of  single  witness.  L.R.A.1918E, 
928. 

§   321.  —of   accomplice. 

yiSij  corroboration  of  prosecutrix  necessary 
to  conviction  of  rape  be  supplied  by  her 
own  complaints  out  of  court.  26  L.R.A. 
(N.S.)   1149. 

Letters  identified  only  by  prosecutrix  as 
corroboration  of  her  testimony  to  prove 
seduction  or  rape.  49  L.R.A. (N.S.) 
1198. 

Age  of  alleged  accomplice  in  sexual  offense 
as  affecting  necessity  of  corroboration, 
L.R.A.1915E,  1222. 

Necessity  of  corroboration  of  testimony  of  a 
person  accepting  aid  to  escape  from 
jail  in  order  to  convict  persons  render- 
ing the  assistance.  24  L.R.A.  (N.S.) 
625. 

Who  is  accomplice  in  gambling  within  rule 
requiring  corroboration  of  testi- 
mony.    43  L.R.A. (N.S.)    546. 

Who  is  accomplice  in  bribery  case  within 
the  rule  requiring  corroboration  of  tes- 
timony.    39  L.R.A. (N.S.)    704. 

Purchaser  of  intoxicating  liquors  illegally 
sold  as  an  accomplice.  46  L.R.A. (N.S.) 
410. 

§  32  2.  Self-contradictory  testimony  of 
accomplice. 

Conviction  on  the  testimony  of  accomplice 
which   is  self-contradictory.     21  L.R.A. 

(N.S.)    878. 

§   3  23.  Reasonable  doubt. 

Proof  of  venue  beyond.     L.R.A.1918B,  1187. 
Proof   of   alibi   beyond.     41   L.R.A.   530. 
Proof  of  insanity  beyond.     39  L.R.A.  737; 

44  L.R.A.  (N.S.)   119. 
Consult  also  L.R.A.  Digests  of  Cases. 


EVIDENCE,  XIII.   i,   1— cont'd 

Effect  of  evidence  of  good  character  to  raise. 
20  L.R.A.  609. 

Applicability  of  rule  of,  to  self-defense  in 
homicide.  19  L.R.A.  (N.S.)  483;  31 
L.R.A.  (N.S.)  1166. 
I  Question  whether  suit  for  statutory  pen- 
alty is  a  civil  or  criminal  prosecu- 
tion as  aifecting  necessity  for  proof  be- 
yond.    27  L.R.A. (N.S.)   746. 

Propriety  of  instruction  to  the  effect  that 
a  reasonable  doubt  is  one  for  which  a 
reason  can  be  assigned.  16  L.R.A. 
(N.S.)    260. 

§   324.  — what   constitutes. 

Mere   conjecture.     17    L.R.A.    705. 

Such    doubt   as    would    influence    action    in 

one's  own  affairs.     17  L.R.A.  705. 
Substantial  doubt.     17  L.R.A.  707. 
Doubt    growing    out    of    the    evidence.      17 

L.R.A.  708. 
Doubt  for  which  reason  can  be  given.     17 

L.R.A.  710. 
Equivalents.     17  L.R.A.  710. 
Approved  definitions.     17  L.R.A.  711. 
As  to  defendant's  insanity.     39  L.R.A.  745; 

44  L.R.A. (N.S.)    119. 
Propriety  of  instruction  as  the  effect  that 

a  reasonable  doubt  is  one  for  which  a 

reason    can     be     assigned.     16     L.R.A. 

(N.S.)    260. 

§   32  5.  —as   to  alibi. 

Proof  bv  defendant  beyond  reasonable  doubt 

as  to.     41  L.R.A.  530. 
Proof  of  alibi  to  raise  a  reasonable  doubt. 

41  L.R.A.  533. 
Proof    by    prosecution    beyond    reasonable 

doubt  as  to  alibi.     41  L.R.A.  534. 

2.  Various  particular  crimes. 

§   326.  Homicide. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §   116. 
Relevancy    of    evidence    as    to,    see    supra, 

§  286. 

May  finding  of  premeditation  and  delibera- 
tion essential  to  murder  in  first  degree 
rest  upon  evidence  that  at  the  time  de- 
fendant was  fleeing  from  the  scene  of 
another  crime.     L.R.A.1918C,  566. 

In  prosecvition  for  homicide  in  commission 
of  an  unlawful  act.     63  L.R.A.  398. 

In  prosecution  for  homicide  in  commission 
of,  or  attempt  to  commit,  an  abortion. 
63  L.R.A.  918. 

Sufficiency  of  proof  of  motive  or  malice  in 
homicide  in  resisting  arrest.  66  L.R.A. 
385. 

In  case  of  homicide  by  misadventure.  3 
L.R.A.(N.S.)    1161. 

Burden  of  proving  self-defense  by  prepon- 
derance of  evidence  on  prosecution  for 
homicide.     19  L.R.A. (N.S.)    492. 

Proof  of  corpus  delicti  in.  68  L.R.A.  73, 
75-78. 

Sufficiency  of  circumstantial  evidence  to 
identify  remains  found  as  those  of  per- 
sons charged  to  have  been  killed.  7 
L.R.A.  (N.S.)   181. 


532 


INDEX  TO  L.R.A.  NOTES. 


EVIDENCE,  XIII.  i,  2— cont'd 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  on  prosecution 
for.     69  L.R.A.  193,  201,  205. 

Applicability  of  rule  of  to  self-defense  in 
homicide.  19  L.R.A.(N.S.)  483;  31 
L.RA..(N.S.)    1166. 


§  82  7.  Sales  of  liquor. 

Presumption  and  burden  of  proof  as  to,  see 

supra,  §  117. 
To  prove  defendant's  responsibility  for  sale 

of   intoxicating  liquor  by  his  servant. 

41  L.R.A.  673. 
Is  allegation  or  proof  of  the  sale  of  "beer" 

or  "lager  beer"  sufficient  to  sustain  a 

conviction    under    statutes    prohibiting 

the  sale  of  spirituous,  vinous,  distilled, 

malt,  fermented,  or  intoxicating  liquor.  ^o   t  r»  a  />t  o  »    nee 

7   L.R.A.(N.S.)    195;    25  L.R.A.(N.S.)     „     .^^y-     f   L.R.A.{N.S.)    966. 

446-  48  LRA^NS  )   308  .  Variance  between  pleading  and  proof  i 

Conviction  of  keeping  a  common  liquor  nui- 
sance   upon    proof    of    a    single    sale. 

L.R.A.1917F,  1110. 


EVIDENCE,  XIV.— cont'd 

Right  to  show  disability  of  adult  on  issue 
of  contributory  negligence  without  alle- 
gation thereof.     L.R.A.1917D,  55S. 

Defenses  available  under  general  denial  or 
a  plea  of  the  general  issue  in  action 
of  ejectment.     L.R.A.1918F,  247. 

Admissibility  of  proof  that  money  or  prop- 
erty was  obtained  by  fraud,  under  the 
common-law  count  for  money  had  and 
received.     L.R.A.1918F,  439. 


§   330.  Variance. 

Variance  between  proof  and  theory  of  the 
case. set  forth  in  pleading.  50  L.R.A 
(N.S.)   14. 

Variance  between  pleading  and  proof  in  ac 
tion  for  damages  through  horse  becom 
ing  frightened  by  automobile  on  high 


§  328.  Miscellaneous. 

In  prosecution  for  inciting  or  abetting  sui- 
cide.    66  L.R.A.  307. 

In  prosecution  for  receiving  deposit  in  in- 
solvent bank.    31  L.R.A.  125. 

In  prosecution  for  carrying  out  unlawful 
conspiracy.     68  L.R.A.  217. 

In  prosecution  for  violation  of  act  regulat- 
ing speed  of  automobiles.  L.R.A.1918D, 
147. 

Conviction  of  perjury  upon  proof  that  ac- 
cused made  contradictory  statements. 
L.R.A.1917C,  58. 

SuflSciency  of  proof  of  mere  failure  to  pay 
over  money  to  sustain  conviction  of 
embezzlement.     L.R.A.1917B,  1266. 

Degree  of  proof  of  knowledge  necessary  to 
convict  one  of  receiving  stolen  goods. 
22  L.R.A.(N.S.)   841. 

In  prosecution  for  counterfeiting  union  la- 
bel.    39  L.R.A.(N.S.)    1202. 

Sufl&ciency  of  proof  of  failure  to  provide 
child  with  medical  attendance  and 
remedies.     1  B.  R.  C.  749. 

In  prosecution  under  congressional  "white 
slave  traffic  act."  LJI.A.1915A,  867; 
L.R.A.1917E,  1137. 


XIV.  Admissibility     under 
variance. 


pleadings ; 


§  329.  Admissibility  under  pleadings. 

Necessity  of  making  allegations,  see  Pi£ad- 
ING,  §  37. 

Admissibility  under  pleadings  of  parol  evi- 
dence to  show  that  written  instrument 
importing  an  absolute  transfer  was  in- 
tended to  operate  as  a  mortgage. 
L.R.A.1916B,  556. 

Right  to  prove  partial  failure  of  consider- 
ation for  note  given  for  purchase  money 
under  plea  of  total  failure.  39  L.R.A. 
(N.S.)   951. 

Admissibility  of  evidence  in  mitigation  or 
a^ravation  of  punishment  under  plea 
of  nolo  contendere.  41  L.R.A.  (NS) 
72.  ' 


m  ac 
tion  to  enforce  subscription  to  charity, 
48  L.R.A.(N.S.)    807. 

Necessity  and  sufficiency  of  allegation  or 
proof  as  to  time  of  injury  to  persons 
or  property  on  railroad  track.  L.R.A. 
1915A,  781. 

Necessity  for  agreement  between  allegations 
and  proof  as  to  master's  liaiblity  to 
injured  servant.     41  L.R.A.  149. 

Allegata  and  probata  in  action  against 
carrier  for  wilful  tort  of  servant  to 
passenger.     40  L.R.A. (N.S.)    1085. 

Variance  between  allegation  and  proof  as 
to  time  in  action  against  railroad  com- 
panv  for  setting  out  fires.  41  L.R.A. 
(N.S.)   635. 

§  331.  — criminal  cases,  generally. 

Variance  in  signatures  attached  to  forged 
instruments  set  out  in  indictments  and 
the  instruments  themselves.  31  L.R.A. 
(N.S.)    226. 

Between  indictment  and  bail  bond  or 
recognizance  in  description  of  ofTensc. 
38  L.R.A.(N.S.)   325. 

§   332.  —in  homicide. 

Correspondence      between      allegation      and 

proof  of  time  of  committing  homicide. 

3  L.R.A.(N.S.)   1024. 
Variance  as  to  name  of  deceased  as  ground 

for    reversal    in    homicide.     38    L.R.A. 

(N.S.)    187. 

§  333.  —in  prosecution  for  keeping 
disorderly  house. 

Proof  of  offense  during  any  part  of  time 
alleged.     49  L.R.A. (N.S.)    798. 

Proof  of  offense  at  a  time  prior  to  that 
alleged.     49  L.R.A. (N.S.)   798. 

Proof  of  offense  at  a  time  between  that  al- 
leged and  the  time  of  finding  the  in- 
dictment.   49  L.R.A. (N.S.)  800. 

Maine  and  Massachusetts  cases.  49  L.R.A^ 
(N.S.)   800. 


EVIDENTIARY   ARTICIiES. 


Pight  of  officer  in  executing  criminal  proc- 
ess  to  take  possession   of.     18   L.R.A. 

R^/T*«  .wfi.  »».*-  ,.«  T.  ,  (^•^•)  253;  L.R.A.1916C,  1017. 

Begin  with  this  hook  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


633 


EVIIi. 

Implied  sanction  of  statutory   regulations. 
14.  L.R.A.  846. 


EXACT  SCIENCES. 

Books  of,  as  evidence.     40  L.R.A.  553. 


EXAMINATION. 


Post   mortem    examination,    see    Autopsy; 

Post  Mortem. 
Of  insured,  see  Insurance,  §  150. 
Of  juror,  see  Jury,  §  8a. 

Of  witnesses,  generally,  see  Witnesses,  III. 

Order  to  enter  premises  for.     31  L.R.A.  169. 

Requiring  examinations  as  conditions  of  ad- 
mission or  promotion  of  school  pupils. 
L.R.A.1917C,  997. 


EXAMINING  MAGISTRATE. 

Discharge  by  as  evidence  of  want  of  ])rob- 
able  cause  for  prosecution.  64  L.R.A. 
481. 


EXAMINING  PHYSICIAN. 

Admissibility  of  statements  or  letters  by,  as 
to  phvsical  condition  of  insured.  38 
L.R.A.'(N.S.)    343. 


EXCAVATION. 


§    1.  Generally. 

Injury  to  lateral  support  by,  see  Lateral 
Support. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  making.  53 
L.R.A.  70. 

Violation  of  police  ordinance  as  to  exca- 
vation in  or  near  street  as  ground  for 
private  action.     5  L.R.A.  (N.S.)  259. 

§   2.  Injuries  in. 

Municipal  liability  for  injury  by  excava- 
tions in  street,  see  Highways,  §§   70, 

75,  81. 

Sufficiency  of  general  allegations  of  negli- 
gence as  to.     59  L.R.A.  252. 

Doctrine  of  "attractive  nuisance"  as  applied 
to.     19  L.R.A.(N.S.)    1152. 

Liability  for  damage  to  service  mains  by 
excavating  in  street.  L.R.A.1917E, 
1094. 

Liability  for  injuries  by  excavations  near 
highway  or  frequented  path.  26  L.R.A. 
689.  693;   L.R.A.1918A,  850. 

Consult  also  L.R.A.  Digests  of  Cases. 


EXCAVATION— cont'd 

Duty  to  trespasser  with  respect  to  excava- 
tions maintained  on  uninclosed  land 
near   highway.     5   L.R.A. (N.S.)    733. 

Liabilitv  of  landlord  to  third  persons  as  to. 
50  L.R.A. (N.S.)   305. 

Forgetfulness  of,  as  contributory  negligence. 
39  L.R.A. (N.S.)   896. 

Contributory  negligence  of  children.  L.R.A. 
1917F,  105. 

§   3.  — to  servant. 

Servant's    assumption    of    risk    as    to.       19 

L.R.A.  (N.S.)    350. 
Employer's   nonliability   for   torts   of    inde- 
pendent contractor  in  excavation  work. 

65  L.R.A.  654. 
Nondelegability  of  duty  to  protect  servants 

engaged   in  excavating.     64  L.R.A.   69, 

77. 
Imputing  to  master  coservant's  negligence 

in    respect    to    dangers    in    excavation 

work.     54  L.R.A.  138. 


EXCEPTED  PERILS. 


See  Carriers,  §  135. 


EXCEPTIONS. 


On  appeal,  see  Appeal  and  Error,  §§  24, 

24a. 
Bill  of,  see  Appeal  and  Error,  §  23. 
In  deed,  see  Deeds,   §§  24-27. 
Creation  of  easement  by,  see  Easements, 

§   8. 
Burden  of  proving,  see  Evidence,  §  21. 
Negation  of,  in  indictment,  see  Indictment, 

Information,  and  Complaint,  §  8. 
During  trial,  see  Trial,  §  18. 

Liability  of  tenant  for  negligent  destruc- 
tion of  premises  as  affected  by  excep- 
tion in  covenant  for  return  of  prem- 
ises in  good  condition.  L.R.A.1918A, 
369. 


EXCESS. 

Injunction  as  proper  remedy  to  protect 
right  of  ingress  and  egress  from  street 
to  abutting  property.  36  L.R.A. (N.S.) 
193. 


EXCESSIVE  AMOUNT. 

Sufficiency  of  tender  of,  see  Tender,  §  6. 


EXCESSIVE  DAMAGES. 

For  personal  injury,  see  Damages,  §  64. 
For  death,  see  Damages,  §  65a. 


534 


INDEX  TO  L.R.A.  NOTES. 


EXCESSIVE  FORCE. 

Liability  of  employer  for  excessive  force 
used  by  servant  sent  to  commit  tres- 
pass.    70  L.R.A.  735. 


EXCESSIVE   HEAT. 

Master's  liability  for  vice  principal's  negli- 
gence in  exposing  servant  to.  54  L.R.A. 
133. 


EXCESSIVE   lilEN. 


Effect  of  filing,  see  Mechanics'  Liens,  § 
27. 


EXCESSIVE  LOCATION. 

Effect  of  excessive  location  of  mining  claim. 
28    L.R.A.(]Sr.S.)     1029. 


EXCESSIVE   PAYMENTS. 

Depositor's  right  to  recover  against  one  to 
whom  bank  has  made  excessive  pay- 
ment.     42   L.R.A.(N.S.)    1135. 

Recovery  back  of  excessive  payments  to 
public  service  corporation.  18  L.R.A. 
(N.S.)    124. 


EXCESSIVE  PUNISHMENT. 

Homicide  by,  see  Homicide,  §  9. 

Of  pupil  by  teacher.     1  B.  R.  C.  720. 


EXCESSIVE  SENTENCE. 

Effect  of,  see  Criminal  Law,  §  79. 


EXCHANGE. 

Provision  for,  as  affecting  negotiability. 
L.R.A.  222.  ^ 


27 


♦  * » 


EXCHANGE   OF  PROPERTY. 

Measure  of  damages  for  fraud  in.  38  L.R.A. 
(N.S.)    465. 

Performance  by  real  estate  broker  of  con- 
tract to  effect  exchange  of  principal's 
property.     44   L.R.A.   593. 

Power  to  sell  personal  property  in  agent's 
possession  as  implying  power  to  ex- 
change.   10  L.R.A.  ('N..S.)   1118. 

Begin  uHth  this  hook  on  every  law  question. 


EXCHANGE  OF  PROPERTY— cont'd 

Effect  on  pledgee's  rights  of  deliverj-  of 
pledged  property  for  exchange.  39 
L.R.A. (N.S.)   891. 

Effect  of  taking  possession  on  exchange  of 
lands  without  writing  to  satisfy  stat- 
ute of  frauds.     3  L.R.A.  (N.S.)   804. 

Express  provision  by  statute  or  charter  for 
payment  of  subscription  to  stock  in 
cash  or  money  as  excluding  payment  in 
services  or  property.  27  L.R.A. (N.S.) 
315. 


EXCHANGES. 


§   1.  Generally. 

Transactions  in  bucket  shops,  see  Bucket 
Shop. 

Membership  in  exchange  as  subject  of  tax- 
ation.    50  L.R.A.  (iV.S.)  255. 

Review  of  decisions  of,  against  members, 
49  L.R.A.  358,  361,  364. 

Validity  of  rule  of  board  of  trade  requiring 
submission  of  disputes  to  arbitration. 
2  L.R.A.(N.S.)   672. 

Property  right  in  market  quotation.  7 
L.R.A.(N.S.)   889. 

§   2.  Seats  in. 

Seat  on  stock  exchange  as  asset  in  bank- 
ruptcy.    27   L.R.A. (N.S.)    613. 

Resulting  trust  in  favor  of  one  who  pur- 
chases stock  exchange  seat  in  name  of 
another.    4  L.R.A. (N.S.)   435. 


EXCISE. 

Validity  of  excise  tax  on  automobiles.     37 

L.R.A.(N.S.)  440;  52  L.R.A. (N.S.)  949. 
Effect  of  violation  of  excise  laws  on  validity 

of  fire  insurance.     40  L.R.A.  845. 
Injunction    against    enforcement    of    excise 

laws  as  affected  by  other  remedies.     8 

L.R.A.(N,S.)    125. 


EXCISE   OFFICERS. 

Mandamus  to,  see  Mandamus,  §  6. 

♦<-♦ • 

EXCITEMENT. 

As  affecting  testamentary  capacity.  27 
L.R.A.(N.S.)      66;     L.R.A.1915A,     458. 

Of  accused,  as  affecting  voluntariness  of 
confession.  18  L.R.A.(N.S.)  790;  50 
L.R.A.(N.S.)   1087. 


EXCLUSION. 


Of   foreign  corporation,   see  Cobpobations, 
§§   139-140. 


INDEX  TO  L.R.A.  NOTES. 


535 


EXCliUSIVENESS. 

Exclusiveiiess  of  jurisdiction  first  acquired, 
see  Courts,  §§  49,  50. 

Of  statutory  remedy,  see  Election  of  Rem- 
edies,  §   12. 

Of  franchise,  see  Franchises,  §  3. 

Of  possession  to  obtain  title  by  adverse 
possession.      15   L.R.A,(N.S.)    1196. 


EXCLUSIVE  PATRONAGE. 

Validity  of  agreement  to  patronize  particu- 
lar    concern     exclusively.      42     L.R.A. 

(N.S.)    842. 


EXCLUSIVE  POSSESSION. 

Of  recentlj'  stolen  property  as  evidence  of 
burglary.     12  L.R.A.(N.S.)   217. 


EXCLUSIVE  PRIVILEGE. 

Grant  of,  by  carriers,  see  Carriers,  V.  b. 
As  to  monopolistic  privileges  generally,  see 

Monopolies  and  Combinations. 
Contract  for  exclusive  service  by  telephone 

company,  see  Telephones,  §  2. 
In  use  of  trademark,  see  Trademark,  §  9. 

Eight  of  riparian  owner  on  tidal  or  nav- 
igable waters  to  exclusive  fishery.  31 
L.R.A.(N.S.)    396. 

Exclusive  right  to  establish  and  operate 
ferry.  59  L.R.A.  538;  L.R.A.191GD, 
834. 

lExclusiveness  of  franchise  of  water  com- 
pany.     61   L.R.A.   80. 

Breach  of  agreement  in  contract  of  sale 
to  give  the  purchaser  the  exclusive 
right  of  sale  as  afl'ecting  the  remedies 
of  the  parties.     L.R.A.1918C,  1027. 


EXCLUSIVE  REMEDY. 

See  Election  of  Remedies,  §  12. 


EXCLUSIVE  RIGHT. 

Loss   of  profits   of  sale  or   purchase  of,  as 
damages.  52  L.R.A.  238. 


EXCOMMUNICATION. 

See  Religious  Societies,  §  13. 

Consult  also  L.R.A.  Digests  of  Cases. 


EXCURSIONISTS. 

Imputing  negligence  of  carrier  to.  8 
L.R.A.(N.S.)   626;  L.R.A.1915A,  762. 

Duty  of  carrier  to  passenger  on  train  or 
boat  chartered  to  tliird  person  for  ex- 
cursion. 15  L.R.A.  (N.S.)  425;  52 
L.R.A  (N.S.)    260. 


EXCUSABLE   HOMICIDE. 

By  unlawful  act  aimed  at  another  than  one 

killed.     63  L.R.A.  667. 
In  commission  of,  or  attempt  to  commit,  an 

abortion.     63    L.R.A.    909;    49    L.R.A. 

(N.S.)    582. 


EXCUSABLE  NEGLECT. 

As   ground   for   relief   from   judgment.   Bee 
Judgment,  §  94. 


EXCUSE. 

For  assault  and  battery,  see  Assault  and 
Battery,  §§  3-6. 

For  committing  crime,  see  Criminal  Law, 
IIL 

For  nonperformance  of  contract,  see  Con- 
tracts, §§  123-126,  135a. 

For  failure  to  give  notice  of  claim  to  mu- 
nicipality, see  Municipal  Corpora- 
tion, §  107. 

Excuse  for  delay  in  enforcing  liability  of 
maker  of  note  so  as  to  prevent  release 
of   indorser.      18   L.R.A. (N.S.)    553. 

Excuse  for  teacher's  failure  to  obtain  cer- 
tificate of  qualification.  42  L.R.A. 
(N.S.)    415. 


EXECUTION. 


7.  In  general,    §§    1-14:. 
II.  Supiilementary  proceedings,  §§15, 
16. 

III.  Equitable  remedy  in  aid  of,  §17. 

IV.  Body  execution,   §   IS. 

I.  In  general. 

§   1.  Generally. 

Of  chattel  mortgage,  see  Chattel  Mort- 
gage, §  3. 

Of  deeds,  see  Deeds,  §§  3-5. 

Of  will,  see  Wills,  §§  18-32. 

For  crime,  see  Criminal  Law,  §  75. 

As  condition  precedent  to  equitable  reme- 
dy of  creditors,  see  Creditors'  Bill, 
§  2. 

Exemption  from,  see  Exesiptioit. 

Sale  on,  see  Judicial  Sale. 

Levy  of,  see  Levy  and  Seiztjbk. 


636 


INDEX  TO  L.R.A.  NOTES. 


EXECUTION,  I.— <K)nt'd 

Property  subject  to,  see  Levy  and  Seizure, 
§§  2-7. 

Right  to  sue  upon  domestic  judgment  upon 
which  execution  may  be  issued.  L.R.A. 
1917A,  189. 

Injunction  against.     30  L.R.A.  98. 

Constitutionality  of  imprisonment  on. 
L.R.A.1915B,  646. 

Territorial  extent  of  lien  of  execution.  45 
L.R.A.(N.S.)    267. 

When  statute  begins  to  run  against  action 
by  private  person  based  on  breach  of 
duty  in  execution  by  public  officer. 
52   L.R.A.(N.S.)    704. 

What  entry  or  record  of  judgment  is  nec- 
essary for,  purpose  of  enforcement  by 
execution.    28  L.R.A.  633. 

Irregularities  in;  as  ground  for  injunction 
against  sale  under.     30  L.R.A.  136. 

Notice  sufficient  to  put  purchaser  pending, 
on  inquiry  as  to  vendor's  fraudulent 
intent.     32  L.R.A.  61. 

Right  to  mandamus  to  compel  inferior  court 
to  execute  or  enforce  its  judgment  or 
decree  by  issuing  execution.  24  L.R.A. 
(N.S.)    891. 

Liability  of  officer  for  larceny  while  acting 
under  writ  of.     3  L.R.A. (N.S.)    508. 

Liability  of  officer's  bond  for  failure  to 
return  money  deposited  to  avoid  execu- 
tion of  writ.     39  L.R.A.(N.S.)    577. 

Effect  of  judgment  establishing  title  to 
property  seized  under  execution,  as 
against  officer  making  seizure  who  was 
not  a  party  thereto.  14  L.R.A. (N.S.) 
530. 

Federal  courts  following  state  decisions  as 
to  matters  relating  to.  40  L.R.A. (N.S.) 
436. 

§   2.  Right  to. 

Eflfect  of  bar  of  statute  of  limitations 
against  action  to  enforce  judgment  up- 
on right  to  issue  execution  thereon.  23 
L.R.A.  (N.S.)    1096. 

§   3.  Against  whom. 

Against  both  partners  for  debt  of  one  part- 
ner.    46  L.R.A.  495. 

§  4.  Against  what. 

On  corporate  stock ;  effect  of  pledge  or  other 
transfer  not  made  in  books  of  com- 
pany.    67  L.R.A.  656. 

Purchase  of  real  estate  of  partnership  un- 
der.    28  L.R.A.  173. 

§   5.  Time  of  Issuing. 

First  and  last  days  in  computing  time  for. 
49   L.R.A.   233;    15   L.R.A.(N.S.)    690. 

Effect  of  resolVition  to  pay  judgment  against 
city  to  excuse  creditor's  failure  to  is- 
sue execution  during  statutory  period. 
2  L.R.A.(N.S.)   855. 

§   6.  —extension  of. 

Extension  of  time  for  levying  execution  as 
discharge  of  surety.  5  L.R.A.(N.S.) 
764. 


Begin  with  this  'book,  on  every  law  question. 


EXECUTION,  I.— cont'd 
§   7.  Effect  of  issuing. 

Loss  of  lien  by,  see  Liens,  §  19. 

Effect  of  issuance  of  execution  against  one 
joint  tort  feasor  upon  liability  of  oth- 
er.    68  L.R.A.  419. 

Right  of  possession  as  between  receiver  and 
creditor  levying  an  execution  on  prop- 
erty.    20  L.R.A.  392. 

Waiver  of  lien  of  chattel  mortgage  by  execu- 
tion. 24  L.R.A. (N.S.)  490;  51  L.R.A. 
(N.S.)    1068. 

§   8.  Necessity  for. 

Execution  as  condition  precedent  to  equi- 
table remedies  of  creditors.  23  L.R.A. 
(N.S.)    26. 

§   9.  Failure  to  issue  or  execute. 

Release  of  indorser  of  note  from  liability 
by  failure  to  issue  or  levy,  against  mak- 
er.    18  L.R.A.(N.S.)    546. 

Burden  of  proof  in  action  to  recover  for 
failure  to  execute  process.  3  L.R.A. 
(N.S.)    420. 

§    10.  Return. 

Officer's  return  upon  an  execution  or  order 
of  sale  as  a  memorandum  satisfying 
the  Statute  of  Frauds.  L.R.A.1917E, 
899. 

Release  of  indorser  of  note  by  improper  re- 
turn to  execution  against  maker.  18 
L.R.A. (N.S.)    548. 

Variance  between  execution  and  judgment 
as  affecting  amercement  of  officer  for 
failure  to  return  execution.  42  L.R.A. 
(N.S.)   895. 

§    11.  Payment;  satisfaction. 

On    original    judgment    after    payment    by 

surety.     68   L.R.A.   567. 
Acceptance  of  commercial  paper  as  payment 

or    satisfaction    of.      35    L.R.A. (N.S.) 

83. 

§    12.  Stay. 

Stay  of  execution  of  sentence  for  crime,  see 
CuiMiNAL  Law,  §  84. 

Priority  of  judgment  with  stay  of,  over  con- 
veyance made  after  beginning  of  term. 
38  L.R.A.  250. 

Release  of  indorser  of  note  by  stay  of  ex- 
ecution against  maker.  18  L.R.A.(N.S.) 
549. 

§    13.  Lioss  of  priority. 

Loss  of  priority  of  execution  by  consent  of . 
creditor   to   delay   or  postponement   of 
sale.     27  L.R.A.  374. 

Priority  as  between  true  owner  and  exe- 
cution creditors  of  one  in  whose  name 
he  has  placed  stock'  on  the  books  of 
the  corporation.  49  L.R.A.  (N.S.) 
1159. 

May  priority  between  judgments,  the  liens 
of  which  have  attached  simultaneously, 
be  obtained  by  priority  of  execution 
proceedings.     L.R.A.1916D,   669. 


INDEX  TO  L.R.A.  NOTES. 


537 


EXECUTION,  I.— cont'd 
§    14.  Death   of  one   party   after   judg- 
ment as  affecting  remedy  by. 

Death  of  sole  judgment  creditor.     61  L.R.A. 

303. 
Death  of  sole  judgment  debtor.     61  L.R.A. 

362. 
Civil  death  of  debtor.     61  L.R.A.  386. 
Death  of  one  of  several  judgment  creditors 

before  issuance.     61  L.R.A.  386. 
Deatli  of  one  of  several  judgment  debtors. 

61  L.R.A.  387. 

//.  Supplementary  proceedings. 

§    15.  Generally, 

Riglit  of  receiver  in  supplementary  proceed- 

"  ings  to  contest  will.    L.R.A.1918A,  402. 

Exemption    of    officer's   salary.      54    L.R.A. 

566. 
Necessity   of   return   of,   as   a   condition   of 

right  of  judgment  creditor  to  procure 

a  receivership.     33  L.R.A.  546. 
Exhausting  remedies  at  law^  as  a  condition 

of  right  of.     33  L.R.A.  550.. 
Effect  of  banl<ruptcy  on.     45  L.R.A.  193. 

§  16.  L/ien  acquired  by  service  of 
notice  in. 

Generally.     3  L.R.A.  (N.S.)    123. 
New  Yorlc  cases  under  the  Codes.     3  L.R.A. 
(N.S.)    123. 

III.   Equitable  remedy  in  aid  of. 

§17.  Generally. 

To  subject  choses  in  action  to  judgment 
after  return  of  no  property  found.  63 
L.R.A.  673;   15  L.R.A. (N.S.)   976. 

IV.  Body  execution. 

§    18.  Generally. 

Power  of  attorney  to  bind  client  by  release 

of  defendant  taken  in  execution.    L.R.A. 

]918D,  808. 
Constitutionality   of   imprisonment  on.     34 

L.R.A.  634. 
Arrest   under    civil    process    for    breach    of 

warranty.     20   L.R.A. (N.S.)    844. 
Release   of   indorser   of  note   by   failure   to 

take     out     capias     ad     satisfaciendum 

against  maker.    18  L.R..A.(N.S.)  549. 
Order  of  arrest  or  capias  ad  respondendum 

as  condition  of  right  to  body  execution. 

L.R.A. 1915A,  706. 
Right    to    bail    pending    attempt    to    avoid 

body   execution.     L.R.A.1915E,  340. 
Right  to  break  and  enter  dwelling  to  serve 

writ  of,  L.R.A.1916D,  284. 


EXECUTIVE  OFFICERS. 

Mandamus  to,  see  Mandamus,  §  5. 


EXECUTOR  DE  SON  TORT. 

Waiver  or  tolling  of  statute  of  limitations 
by,  as  to  an  indebtedness  of  the  estate. 
L.R.A. 1915B,  1040. 


EXECUTIVE    COMMITTEE. 

Authority  of  agent  of,  to  contract  for  serv- 
ices of  other  persons.    L.R.A.1918F,  70. 


EXECUTIVTE  DEPARTMENTS. 

See  CoTTRTS.  §  17:  Govern'OR. 

Consult  also  L.R.A.  Digests  of  Cases. 


EXECUTORS  AND  ADMINISTRA- 
I  TORS.   ' 

/.  In  general,  §§  1,2. 
II.  Appointment,       resignation;       re- 
moval; bond,   §§  3-11. 
III.  Potvers,     duties,     and     liabilities; 
claims    due    estate;    assets, 
§§  12-32. 
a.  Rights  and  poivers,   §§   12- 

18. 
h.  Duties,  §   19. 

c.  Liabilities,  §§  20-27. 

1.  In  general,   §§  20-21. 

2.  For  what  liable,  §§  22- 

25. 

3.  Liability    on    bond,     §§ 

26,  27. 

d.  Claims    due    estate,    §§    28, 

29. 

e.  Assets,   §§   29a-32. 

IV.  Indebtedness;  distribution;  ac- 
counting and  settlement; 
allowances,  §§  33-55a. 

a.  Debts  and  obligations  of  es- 
tate,  §§  33-4:6. 

h.  Distribution  of  estate,  §§ 
47-4:9. 

c.  Accounting;        commissions; 

reimbursement,  §§  50-53. 

d.  Alloivances,  §§  54-55a. 

V.  Suits   affecting   estate,    §§    56-58. 
VI.  Sale  of  projierty  of  estate,  §  59. 
VII.  Foreign  and  ancillary  adm^inistra- 
tion,  §§   60,  61. 

I,  In  general. 

§    1.  Generally. 

Effect  of  insolvency  of,  see  Insolvency,  § 
14. 

Who  are  legal  representatives  within  in- 
surance policy,  see  Insurance,  §  188. 

Conclusiveness  of  foreign  judgment  against, 
see  Judgment,  §  70. 

Assessment  of  property  of  decedent's  es- 
tate, see  Taxes,  §  64. 

As  to  succession  or  inheritance  taxes,  see 
Taxes,  §§  90-105. 

Probate  of  will,  see  Wills,  §§  47-56. 

Competency  of  witnesses  in  action  by  or 
against,  see  Witnesses,  §§  22-24. ' 

Competency  as  an  attesting  witness  of  officer 
or  stockholder  of  a  corporation  named 
as  executor.     L.R.A.1916D,  185. 


538 


INDEX  TO  L.R.A.  NOTES. 


EXECUTORS  AND  ADMINISTRATORS,  I. 

— cont'd 

Situs  for  property  taxation  as  between  dif- 
ferent states  or  countries,  of  personal 
property  held  by  executor  or  adminis- 
trator.    L.R.A.1915C,   049. 

Notice  to  personal  representative  of  de- 
ceased owner  to  redeem  from  tax  sale. 
44  L.R.A.(N.S.)   668. 

Who  are  "legal  representatives"  within  life 
insurance  policy.     30  L.R.A.  609. 

First  and  last  davs  in  computing  time  in 
matters  of.     49  L.R.A.  239. 

Gift  by  will  as  affected  by  executor's  prom- 
ise to  testator.    20  L.R.A.  469. 

Revaluation  or  reassignment  of  homestead 
for  appreciation  or  depreciation  of 
value.  44  L.R.A.  402;  16  L.R.A.  (N.S.) 
728. 

Enforcing  orders  and  decrees  of  courts  by 
imprisonment  for  debt.  34  L.R.A.  663. 

Assessment  against  personal  representative 
omitted  during  lifetime  of  owner.  40 
L.R.A.(N.S.)    927. 

Proof  of  execution  of  attested  instrument 
where  subscribing  witness  is  executor 
or  administrator.     35  L.R.A.  33G. 

Admissibility  of  declarations  of  executor  to 
show  lack  of  testamentary  capacity  or 
undue  influence.     38  L.R.A. (N.S.)    731. 

Direction  to  executors  in  bequest  of  stocks, 
bonds,  or  notes  as  determining  whether 
bequest  is  general  or  specific.  11 
L.R.A.(N.S.)    83. 

Validity  of  contract  for  unauthorized  ad- 
ministration of  estates.  12  L.R.A. 
(N.S.)   613. 

Constitutionality  of  statutes  providing  for 
administration  of  estate  of  absentee. 
4  L.R.A.  (N.S.)    944. 

Remedy  of  pretermitted  heirs  by  intervening 
in  administration.  37  L.R.A.(N.S.) 
1147. 

Preliminary  injunction  which  would  have 
effect  of  transferring  possession  of  prop- 
erty from  defendant  in  possession  to 
administrator.     39   L.R.A. (N.S.)    34. 

Interests  covered  by  particular  designation 
of  insured  on  property  belonging  to  a 
decedent's  estate.     42  L.R.A. (N.S.)    79, 

Adverse  possession  of  executor  or  adminis- 
trator as  continuation  of  that  of  an- 
cester.    L.R.A.1917C,  147. 

§  2.  Necessity  of  administration  in 
devolution  of  personalty. 

In  general.     1.5  L.R.A.  491. 

As  to  husband  or  wife  of  decedent.  15 
L.R.A.  495. 

When  decedent  a  minor.     15  L.R.A.  496. 

Rights  of  administrator  appointed  subse- 
quent to  assumption  of  ownership  by 
those  entitled.     15  L.R.A.  496. 

Effect  of  statutes  barring  administration, 
and  of  lapse  of  time.     15  L.R.A.  497. 


II. 


Appointment;  resignation;  removal; 
bond. 


§   3.  Generally. 

Effect  of  misnaming  estate  in  granting  let- 
ters.     46   L.R.A. (N.S.)    274. 


EXECUTORS  AND  AD.AIIMSTRATORS, 
II. — cont'd 

Validity  of  grant  of  administration  where 
will  is  subsequently  discovered.  7 
B.  R.  C.  498. 

Right  of  domiciliary  executors  and  adminis- 
trators, or  their  nominees,  to  ancillary 
letters.     48  L.R.A. (N.S.)   858. 

Jurisdiction  of  estate  of  inmate  of  Federal 
home  or  institution.  39  L.R.A. (N.S.) 
586. 


§   4.  What  assets  will  give  jurisdiction 
to  appoint  administrator. 

Generally.     24    L.R.A.    684;     L.R.A.1915D, 

Necessity  for  assets.     L.R.A.1915D,  856. 
What    value     necessary.     24    L.R.A.     684; 

L.R.A.1915D,  857. 
Where  assets  are  regarded  as  located.     24 

L.R.A.  685. 
Personal  property  generally.     L.R.A.191.'5D, 

858. 
Debts   due   decedent,   generallj.      24   L.R.A. 

685;  L.R.A.1915D,  858. 
Interest  in  pending  suit.     24  L.R.A.  686. 
Action    for   death    or   personal   injury.      24 

L.R.A.  686;   L.R.A.1915D,  860. 
Specialties.     24  L.R.A.  687. 
Judgments.      24   L.R.A.   687;    L.R.A.1915D, 

859. 
Corporate    stock.      24    L.R.A.    687;    L.R.A. 

191 5D,  859. 
Insurance   policy.      24   L.R.A.   687;    L.R.A. 

1915D,  864. 
Claims  against  government.    24  L.R.A.  687 : 

L.R.A.1915D,  864. 
Assets    brought    within 

death    of    intestate. 

L.R.A.1915D,  865. 
Real   estate.     24  L.R.A. 

864. 
Deposits.    24  L.R.A.  689 
Doubtful  claims.    24  L.R.A.  689. 
Contingent  claim.     L.R.A. 1915D,  859. 
Equitable  claim.     L.R.A.1915D,  859. 
Claim    against   estate   of    another.      L.R.A. 

1915D,  860. 
Claim  against  personal  representatives.     24 

L.R.A.  689. 
Bills  and  notes.     24  L.R.A.  689. 
Commimity  property.    L.R.A. 1915D,  860. 
Interest  in  partnership.     L.R.A.1915D,  860. 
Appointment  of  administrator  for  sole  pur- 
pose of  bringing  action  under  Federal 

employers'     liability     act.      47     L.R.A. 

(N.S.)   78. 


jurisdiction    after 
24    L.R.A.    G88; 

688;   L.R.A.1915D, 

L.R.A.1915D,  858. 


Begin  with  this  hook  on  every  laiv  question. 


§   5.  Who   may    be    appointed. 

Requisite  moral  qualifications.  16  L.R.A. 
538. 

Foreign   corporation  as.     24   L.R.A.   291. 

Jurisdiction  and  power  of  consuls  to  ad- 
minister on  estates.  45  L.R.A.  496; 
37  L.R.A.(N.S.)   549. 

Right  of  one  first  entitled  to  administration 
to  nominate  a  third  person,  to  exclu- 
sion of  those  next  entitled  thereto.  22 
L.R.A.(N.S.)    1161. 


INDEX  TO  L.R.A.  NOTES. 


539 


EXECUTORS    AND    ADMINISTRATORS, 

II. — cont'd 
Payment  or  tender  of  debt  due  from  estate 
as   affecting  cceditor's   riglit  to   letters 
of    administration.      45    L.R.A.(N.S.) 
237. 
Right  of  committee  of  lunatic  or  guardian 
of  an  infant  to  appointment  as  ad- 
ministrator   or    executor.      L.R.A. 
]915C,  581. 

§   6.  —  nonresidents. 

Nonresidents  as  executors.     1  L.R.A. (N.S.) 

343. 
Nonresidents    as    adminstrators.      1  L.R.A. 

(N.S.)    346. 

§   7.  Effect  of  appointment  of  debtor. 

Effect  of  appointment  of  debtor  as  execu- 
tor or  administrator  to  discharge 
debt,  or  charge  personal  represen- 
tative and  his  sureties.  26  L.R.A. 
(N.S.)    41L 

§   8.  Resignation  or   removal. 

Power  to  permit  executor  who  has  qualified 
to  resign.     13  L.R.A.  (N.S.)   438. 

Effect  of  removal  or  resignation  of  personal 
representative  on  liability  of  estate  to 
attorney  employed  by  him.  25  L.R.A. 
(N.S.)    74. 

Effect  of  insanity  or  mental  incompetency 
of  executor  or  administrator.  45  L.R.A. 
(N.S.)    1C73. 

§  9.  Termination  of  appointment; 
revocation  of  letters  or  probate. 

Validity  of  act  done  under  letters  after- 
wards revoked,  see  infra,  §  16. 

Revocation  of  letters  of  administration  up- 
on discovery  of  will.  49  L.R.A. (N.S.) 
894. 

Revocation  of  probate  as  termination  of 
appointment  of  administrator  c.  t.  a. 
29  L.R.A. (N.S.)   975. 

Jurisdiction  in  case  of  acts  by  executor  or 
administrator  under  letters  testament- 
ary or  of  administration  subsequently 
revoked  or  set  aside.  21  L.R.A.  151; 
43  L.R.A.(N.S.)  634. 

§  10.  Impeachment  of  jurisdictional 
facts. 

Collateral  impeaehability  of  findings  as  to 
jurisdictional  facts  on  which  ad- 
ministration of  a  decedent's  estate 
is  based.    18  L.R.A.  242. 

§    11.  Bond. 

Liability  on,  see  infra,  §§  26,  27. 

Execution  of  bond  on  condition  that  others 
shall  sign.     45  L.R.A.  340. 

Effect  of  delivery  of  bond  unsigned  by 
principal  obligor.  12  L.R.A.  (N.S.) 
1118. 

Validity  of  sale  to  surety  on  executor's 
bond.     4  L.R.A.(N.S.)  '820. 

Raising  question  of  executor's  or  adminis- 
trator's collusion  in  establishing  claim 
against  estate  by  an  action  on  his  bond. 
L.RA.1915C,  738. 

Consult  also  L.R.A.  Digests  of  Cases. 


EXECUTORS  AND  ADMINISTRATORS, 
— cont'd 

///.  Powers,     duties,     and     liahilities ; 
claims  due  estate;   assets. 

a.  Rights  and  powers. 

§    12.  Generally. 

Authority   to   enter   judgment   on   warrant  ' 
of  attorney.     13  L.R.A.  798. 

Rights  of  representative  of  deceased  depos- 
itor of  money  in  trust  for  third  person. 
32  L.R.A.  375. 

Right  of  personal  representative  of  lessee 
to  possession  of  leased  premises  under 
a  lease  to  commence  in  future.  22 
L.R.A.(N.S.)    301. 

Circumstances  sufficient  to  put  one  taking 
paper  from  executor  or  administrator 
on  inquiry.  29  L.R.A.(N.S.)  365;  44 
L.R.A.  (N.S.)    403;  L.R.A.1918F,  1153. 

Estoppel  of  one  who  executes  a  deed  as 
executor  or  administrator  to  set  up  an 
existing  title  in  himself.  21  L.R.A. 
(N.S.)    60. 

Right  of  court  to  control  discretion  vested 
by  will  in  executor  to  determine  fitness 
of  legatee  to  receive  legacy.  25  L.R.A. 
.(N.S.)   421. 

Settlement  of  cause  of  action  for  death  by 
beneficiaries  without  assent  of  execu- 
tor or  administrator.  35  L.R.A. (N.S.) 
207. 

Bequest  to  executor  to  divide  as  he  thinks 
best.     37  L.R.A.(N.S.)    403. 

Power  of  executor  to  contest  right  of  trus- 
tee in  bankruptcy  to  proceeds  of  life 
insurance  of  deceased.  41  L.R.A. 
(N.S.)    125. 

Right  of  personal  representative  to  indem- 
nity from  estate  for  debts  con- 
tracted.    40  L.R.A.(N.S.)  232. 

Right   of   creditors   to   subrogation   to   per- 
sonal   representative's   right   of    indem-    ^ 
nity.    40  L.R.A. (N.S.)  233. 

Doctrine  of  equitable  conversion  as  affect- 
ing executor's  right  to  sign  consent  or 
remonstrance  as  land  owner.  50  L.R.A. 
(N.S.)    32. 

Power  of  executor  or  administrator  to  en- 
ter into  contract  for  material  or  labor 
so  as  to  subject  estate  to  mechanics' 
lien  therefor.     52  L.R.A. (N.S.)    870. 

Power  to  waive  or  toll  statute  of  limita- 
tions or  nonclaim  as  to  an  indebtedness 
of  the  estate.     L.R.A.1915B,  1016. 

Liability  of  corporation  transferring  stock 
on  books  at  request  of  personal  repre- 
sentative of  deceased  owner.  45  L.R.A. 
(N.S.)     1079. 

Right  of  continuing  or  surviving  executor 
or  administrator  against  former  co- 
executor  or  coadministrator  or  latter's 
representatives.     47   L.R.A. (N.S.)    995. 

Ornamental  articles  as  fixtures  as  between 
legatees,  devisees,  heirs,  personal  rep- 
resentatives, and  life  tenants.  6 
B.  R.  C.  162. 

Right  of  executor  to  contest  will.  L.R.A. 
1918A,  467. 


640 


INDEX  TO  L.R.A.  NOTES. 


EXECUTORS    AND    ADMINISTRATORS, 

III.  a — cont'd 
Bequest  to  executor  to  divide  as  he  thinks 

best.     L.R.A.1917D,  821. 

§  13.  Powers  of  administrator  with 
tlie  will   annexed. 

Will  special  power,  other  than  power  of 
sale,  conferred  on  executor  by  will, 
pass  to  an  administrator  with  the  will 
annexed.     29   L.R.A.  (N.S.)    264. 

Right  to  carry  on  business  under  testa- 
mentary power.     40  L.R.A. (N.S.)   208. 

Right  of  administrator  c.  t.  a.  to  exercise 
power  of  sale  of  real  estate.  50  L.R.A. 
(N.S.)   609. 

§  14.  Executor  or  administrator  of  de- 
ceased partner. 

Power  of  personal  representative  to  carry 

on  business.     40  L.R.A.(N.S.)    20L 
When  partnership  in  land  continues  after 

death  of  partner.     28  L.R.A.   106. 
Respective  powers  of  surviving  partner  and 

personal     representative     of     deceased 

partner.    28  L.R.A.  136. 

§    14a.  — as  to  real  estate. 

Rights  of  executor  or  administrator  as  to 
partnership  real  estate.  27  L.R.A. 
340;  28  L.R.A.  99,  105,  136. 

Powers  as  to  partnership  real  estate  vested 
in  executors  or  administrators  of  de- 
ceased partner.     27  L.R.A.  .S52. 

Rights  of  heirs  of  deceased  partner  in  part- 
nership real  estate  as  against  personal 
representatives  of  deceased  partner. 
27  L.R.A.  352. 

§  15.  Ilight  to  rents  on  lease  of  intes- 
tate's property. 

Classification  by   states.     40  L.R.A.  321. 
English  cases.    40  L.R.A.  339. 
Summary  as  to  rents  accruing  during  own- 
er's life.-    40  L.R.A.  342. 
Summary  as  to  rents  accruing  after  owner's 
death.     40  L.R.A.  343. 


EXECUTORS  AND  ADMINISTRATORS, 
III.  a — cont'd 

May  less  than  all  the  executors  named  ex- 
ercise power  of  sale.-  50  L.R.A. (N.S.) 
022. 

When  power  of  sale  deemed  to  be  coupled 
with  an  interest.    50  L.R.A.  (N.S.)   632. 

When  power  of  sale  deemed  annexed  to  the 
office,  or  given  ratione  oflficii.  50 
L.R.A. (N.S.)    643. 

8  17a.  Power  to  carry  on  business  in 
behalf  of  estate. 

To  wind  up  business.    40  L.R.A. (N.S.)   205. 

Testamentary  power.     40  L.R.A. (N.S.)   206. 

Under  express  power  in  articles  of  partner- 
ship.     40   L.R.A. (N.S.)    207. 

Under  parol  power.     40  L.R.A. (N.S.)   208. 

Right  of  administrator  c  t.  a.  or  d.  b.  n.  to 
carry  on  business  under  testamentary 
power.     40  L.R.A.  (N.S.)   208. 

Statutory  power  to  carry  on  business.  40 
L.R.A. (N.S.)    209. 

Power  of  court  to  permit  carrying  on  bus- 
iness.    40   L.R.A. (N.S.)    210. 

§  18.  Power  to  elect  between  dower 
and  provision  of  will. 

Right  of  personal  representatives  to  make 
or  control  election  for  or  against  a  Avill, 
or  between  different  provisions  of  a 
will  or  statute.     11   L.R.A.(N.S,)    379. 

Right  of  executor  or  administrator  of  wid- 
ow to  elect  between  dower  and  provi- 
sions in  her  husband's  will  where  she 
died  before  the  expiration  of  the  time 
limited  for  election.  2  L.R.A. (N.S.) 
959. 

b.  Duties. 

§19.  Generally. 

Duty  of  executor  with  power  of  sale  as  to 
land  held  adversely.  35  L.R.A. (N.S.) 
749. 

Duty  of  executor  to  inform  legatee  of  terms 
of  legacy.    6  B.  R.  C.  104. 

c.  Liahilities. 


1.  In  general. 

§20.  Generally. 

Effect  of  negligence  on,  see  Negligence,  §  4. 


§  16.  Validity  of  acts  done  under  let- 
ters afterwards  revoked  or  held 
invalid. 

Validity  of  act  done  by  an  executor  or  ad-    ^„,v;.  ^.  ...g.^s^i.c^  u..,  ace  x,..u,.xui.«ui., 
ministrator  under  letters  testamentarv    t  ■  ^-.i^ 
or  of  administration  afterward  revoked  !  J^i^bility  of  infants  as,     57  L.R.A.  688. 

Expression  of  opinion  by,   as  a  fraud.     35 

L.R.A.  421. 
Effect  of  the  qualifying  words  "as  executor" 
and  "as  administrator."    15  L.R.A. 
850. 


or  of  administration  afterward  revoked 
or  held  invalid.  21  L.R.A.  147;  43 
L.R.A. (N.S.)   634. 


8    17.  Power  to  sell  property  of  estate. 

Right  of  executor  or  administrator  to  em- 
ploy broker  or  auctioneer.  64  L.R.A 
.556. 

Implied  power  of  executor  or  trustee  to 
sell  real  property.  32  L.R.A. 
(N.S.)   676. 

Duty  of  executor  with  power  of  sale,  as 
to  land  held  adversely.  35  L.R.A 
(N.S.)   749. 

May  executor  or  administrator  of  grantee 
named  exercise  power  of  sale.  50 
L.R.A.(N.S.)    621. 


Begin  with  this  hooTc  on  every  law  question. 


Personal  liability  on  contract  to  which 
words  indicating  representative  capac- 
ity are  added  to  signature.  42  L.R.A. 
(N.S.)   56. 

Effect  of  appointment  of  debtor  as  executor 
or  administrator  to  discharge  debt  or 
charge  personal  representative  and  his 
sureties.     26  L.R.A. (N.S.)   411. 

Personal  liability  of  representative  who 
waives  or  tolls  statute  of  limitations  or 
nonclaim  as  to  an  indebtedness  of  the 
estate.     L.R.A.1915B,  1051. 


INDEX  TO  L.R.A.  NOTES. 


541 


EXECUTORS  AND  ADMINISTRATORS, 
III.  c,  1 — cont'd 

Manner  of  raising  question  to  charge  exec- 
utor or  administrator  personally,  of 
collusion  in  establishing  claim  against 
estate.      L.R.A.1915C,   737. 

§  20a.  Liability  of  administrator  de 
bonis  non. 

Liability  for  debts  contracted  while  carry- 
on  business  under  testamentary 
power.     40   L.R.A.(N.S.)    216. 

§  21.  In  what  capacity  may  be  sued 
for  personal   tort. 

Generally.      51    L.R.A.   261. 

Fraud  or  misrepresentation  in  sale  of  prop- 
erty of  estate.     51  L.R.A.  262. 

Torts  in  care  or  management  of  property  of 
estate.     51  L.R.A.  263. 

Actions  arising  from  conversion.  51  L.R.A. 
263. 

Malicious  prosecution;  abu^e  of  process.  51 
L.R.A.  266. 

Replevin,  detinue,  etc.    51  L.R.A.  266. 


2.  For  what  liable. 

§   22.  Generally. 

On  bond,  see  infra,  §  27. 

Personal  liability  for  succession  tax. 
L.R.A.1915C,  615. 

Personal  liability  of  executor,  administrator 
or  trustee  on  covenant  in  deed  executed 
by   him.     43    L.R.A.  (N.S.)    377. 

For  costs.     14  L.R.A.  696. 

For  funeral  expenses.  33  L.R.A.  663;  52 
L.R.A.  (N.S.)   1152. 

For  torts  or  negligence  of  servants.  63 
L.R.A.  227. 

For  losses  to  estate  from  investments.  44 
L.R.A.  (N.S.)    873. 

For  rents  of  intestate's  property.  40  L.R.A. 
344. 

Liability  to  estate,  of  representative  com- 
promising or  releasing  claims  due  es- 
tate.    14  L.R.A.  416. 

Liability  of  personal  representative  of  heir 
or  devisee  for  debts  of  the  latter's 
ancestor.     39  L.R.A. (N.S.)    690. 

Contingent  liability  of  executors  and  ad- 
ministrators for  misconduct  as  affect- 
ing time  for  presentation  of  claim 
against  his  estate.     58  L.R.A.  86. 

Liability  of  personal  representatives  of  dev- 
isefe  for  amount  charged  on  devise. 
30  L.R.A. (N.S.)    818. 

Personal  liability  of  executor  or  adminis- 
trator on  corporate  stock  belonging  to 
estate  or  trust  standing  in  his  name. 
30  L.R.A.(N.S.)    1092. 

Liability  of  executor  or  adminstrator  for 
personal  injury  resulting  from  negli- 
gence in  care  or  management  of  prop- 
erty of  estate.     38  L.R.A. (N.S.)   379. 

Executor  or  administrator  of  lessee  as  an 
assignee  of  the  lease  liable  for  rent. 
5-2  L.R.A. (N.S.)   987. 

Consult  also  L.R.A.  Digests  of  Cases. 


EXECUTORS    AND    ADMINISTRATORS, 

III.  c,  2 — cont'd 
§   22a.  While  carrying  on   business   in 

behalf  of  estate. 

When  done  under  testamentary  power.  40 
L.R.A.(N.S.)    211. 

Liability  of  administrator  c.  t.  a.  or  d.  h.  n, 
for  debts  contracted  while  carrying  on 
business  under  testamentary  power. 
40  L.R.A.(N.S.)   216. 

Estoppel  of  beneficiaries  of  estate  to  charge 
personal  representative  with  losses  sus- 
tained in  carrying  on  business.  40 
L.R.A.(N.S.)    234. 

§   23.  Deposits  in  bank. 

Liability  of  executor  or  administrator  for 
loss  of  bank  deposit.  14  L.R.A.  103;  7 
L.R.A.(N.S.)    617;   45  L.R.A.(N.S.)    1. 

Liability  of  representative  of  deceased 
depositor  of  money  in  trust  for  third 
person.     32  L.R.A.  375. 

§   24.  For  interest. 

See  Interest,  §§  12,  13. 

§25.  For  default  of  coexecutor. 

Liability   of  coexecutor  for   default  of   one 
permitted    to    manage    estate.      11 
L.R.A.(N.S.)   296. 
Exception    as    to    duties    imposed    by    law. 

11  L.R.A.(N.S.)  327. 
Liability  of  executor  not  participating  in 
management  of  business  for  debts  con- 
tracted by  coexecutor  in  carrying  on 
business  in  behalf  of  estate.  40  L.R.A. 
(N.S.)    215. 

3.  lAdbility  on  bond. 

§  2  6.  Generally. 

Effect  of  unauthorized  provisions  in  bond. 
L.R.A.1917B,  990. 

Liability  of  sureties  on  general  bond  of  ad- 
ministrator as  affected  by  a  special 
bond.     43  L.R.A.(N.S.)    308. 

Right  to  sue  executor  or  administrator,  on 
his  bond,  in  a  state  other  than  that  of 
his  appointment.     35  L.R.A.(N.S.)   334. 

Remedy  of  pretermitted  heirs  by  action  on 
executor's  bond.    37  L.R.A. (N.S.)  1147. 

Penalty  as  limit  of  liability  on  bond.  55 
L.R.A.   392. 

Decree  directing  transfer  of  fund  by  execu- 
tor or  administrator  to  himself  in  an- 
other fiduciary  capacity  as  affecting 
liability  of  his  sureties.  40  L.R.A. 
(N.S.)    1336. 

Effect  on  surety  of  judgment  against  prin- 
cipal. 52  L.R.A.  187;  40  L.R.A. (N.S.) 
408;  L.R.A.1918E,  816. 

Validity  of  sale  to  surety  on  executor's 
bond.     4  L.R.A.(N.S.)    820. 

§  2  7.  For  what  liable. 

Liability  of  administrator  and  his  sureties 
for  debt  owing  by  the  former  to  the 
estate  of  his  intestate  where  adminis- 
trator is  hopelessly  insolvent.  61  L.R.A. 
313. 


542 


INDEX  TX)  L.R.A.  NOTES. 


EXECUTORS    AND    ADMINISTRATORS, 

III.  c,  3— cont'd 
Liability  of  surety  on  bond  of  executor  or 

administrator   for    debt    contracted    in 

interest    of    estate.      22    L.R.A.  (N.S.) 

1094. 
Liability  on  bond  for  default  of  coexecutor 

permitted  to  manage  estate.    11  L.R.A. 

(N.S.)   306. 

d.  Claims  due  estate, 

§   28.  Generally. 

Payment  to  administrator  as  discharge  of 
debt  when  will  is  subsequently  discov- 
ered and  probated.  17  L<R.A.(N.S.) 
878. 


§   29.  Compromise  or  release  of. 

Compromise  or  release  by  personal  repre- 
sentatives of  claims  due  estate.  14 
L.R.A.  414. 

Distinction  between  executors  and  adminis- 
trators.    14  L.R.A.  414. 

Effect  of  statutory  provisions.  14  L.R.A. 
414. 

Binding  effect  of  release  or  compromise.  14 
L.R.A.  415. 

Liability  of  representative  to  estate.  14 
L.R.A.  416. 

Controversies  relating  to  real  estate.  14 
L.R.A.  417. 

Suits  for  damages  for  causing  death.  14 
L.R.A.  417. 

Binding  effect  upon  administrator  of  set- 
tlement by  sole' heir  or  distributee  of 
claim  belonging  to  estate.  11  L.R.A. 
(N.S.)    148. 

Compromise  by  personal  representative  of 
action  for  death  as  affecting  right  of 
action  therefor  by  representatives  ap- 
pointed in  another  state.  L.R.A.1918D, 
670. 

e.  Assets. 


§  29a.  Generally. 

What  assets  will  give  jurisdiction  to  ap- 
point executor,  see  supra,  §  4. 

Right  of  action  for  causing  decedent's  death, 
see  Death,  II. 

Payment  of  money  deposited  with  bank  to 
credit  of  more  than  one  executor. 
L.R.A.1915D,  923. 

Liability  to  estate  of  bank  which  receives 
deposit  from  one  assuming  without  au- 
thority to  act  as  executor  or  adminis- 
trator.    L.R.A.1915E,   309. 

Right  of  executor  or  administrator  to  avoid 
conveyance  or  transfer  by  decedent  in 
fraud  of  creditors.  50  L.R.A. (N.S.) 
320. 

§   30.  What  are  assets. 

Under  testamentary   trust  for  payment   of 

debts.     5   L.R.A.(N.S.)    358. 
Liquor    license    as    asset.      4    L.R.A.  (N.S) 

626. 
Begin  with  this  hook,  on  every  law  question. 


EXECUTORS  AND  ADMINISTRATORS, 
III.  e — cont'd 

Debt  as  asset  on  appointment  of  debtor  as 
executor  or  administrator.  26  L.R.A, 
(N.S.)    413. 

Administration  based  on  right  of  action  for 
negligent  killing  of  a  person  as  an  as- 
set.    1  L.R.A. (N.S.)    885. 

Right  of  personal  representatives  to  com- 
pensation that  was  being  paid  to  de- 
pendents or  employees  under  Work- 
liien's  Compensation  Acts.  L.R.A.1917Dj 
166;   L.R.A. 1918F,  563. 

Heating  apparatus  as  part  of  realty,  where 
rights  of  heir  or  devisee  are  involved. 
1  B.  R.  C.  982. 

Right  of  children  as  against  executor  or  ad- 
ministrator in  homestead  of  deceased 
parent,     56  L.R.A.  63. 

Is  surplus  realized  on  foreclosure  sale  of 
real  estate  after  mortgagor's  death  to 
be  deemed  real  or  personal  property. 
19  L.R.A.(N.S.)    723, 

Is  purchase  of  standing  timber  to  be  re- 
moved within  a  specified  time,  a  pur- 
chase of  realty  or  of  personalty,  13 
L.R.A.(N,S,)   278. 

Right  of  estate  of  one  entitled  by  will  or 
statute  to  an  allowance  for  support  and 
maintenance  to  accumulations  undrawn 
and  unexpended  at  the  time  of  her 
death.    9  L.R.A. (N.S.)   997. 

Validity  of  provision  that  money  shall  be 
payable  to  obligee  only  and  not  to  his 
estate.     17  L.R.A. (N.S.)    1239. 

Property  covered  by  power  of  appointment 
as  assets  of  donee's  estate.  L.R.A. 
1918D,  346. 

§   31.  Right  to  assets. 

When  personal  representative  not  entitled  to 
possession  of  personal  assets  of  estate. 
3   L.R.A.(N.S.)    704. 

Widow's  right  to  proceeds  of  insurance  on 
deceased  husband's  life  payable  to  him- 
self or  his  executors  or  administra- 
tors.    35  L.R.A. (N.S.)    964. 

Right  of  beneficiary  as  against  estate  of 
insured  to  proceeds  of  endowment  in- 
surance.    52  L.R.A. (N.S.)    689. 

§  32.  What  assets  pass  to  administra- 
tor de  bonis  non. 

Generally.     40  L.R.A.  33. 

The  rule  in  the  different  states.     40  L.R.A. 

33. 
Summary.     40  L.R.A.  71. 

IV.  Indebtedness;  distribution;  ac- 
counting and  settlement;  allotc- 
ances. 

a.  Debts  and  obligations  of  estate. 

§33.  Generally. 

Sale  of  property  of  estate  to  pay  debts,  see 
infra,  §  59. 

Conflict  of  laws  as  to  claims  against  es- 
tate, see  Conflict  of  Laws,  §  34. 


INDEX  TO  L.R.A.  NOTES. 


545 


EXECUTORS  AND  ADMINISTRATORS, 
IV.  a — cont'd 

Liability  of  heirs  for  obligations  of  an- 
cestor, see  Des.cext  and  Distribu- 
tion, §  12. 

Manner  of  raising  question  to  charge  exec- 
utor or  administrator  personally,  of 
collusion  in  establishing  claim  against 
estate.     L.R.A. 1915C,  737. 

Position  of  creditor  as  against  adminis- 
trator on  sale  of  expectancy  by  pro- 
spective heir.     33  L.R.A.  276. 

Liability  of  estate  of  deceased  servant  for 
unearned  portion  of  prepaid  remunera- 
tion.    21  L.R.A.  (N.S.)   929. 

Right  of  devisee  or  heir  to  completion  of 
improvements  at  the  expense  of  the 
estate.     36  L.R.A. (N.S.)    303. 

Is  an  administrator  or  executor  in  such 
privity  with  a  legatee,  distributee,  or 
creditor  that  he  may  assert  a  person- 
al defense  of  the  latter  to  a  claim 
against  the  .estate.  8  L.R.A.  (N.S.) 
212. 

Claim  against  decedent's  estate  as  remedy 
for  breach  of  agreement  to  assume  debts 
on  dissolution  of  partnership.  9  L.R.A. 
(N.S.)     11-i. 

Power  of  Federal  court  to  enforce  its  own 
judgment  against  a  decedent's  estate. 
12  L.R.A.(N.S.)    154. 

Remedy  for  enforcement  against  decedent's 
estate  of  alimony  which  had  accrued 
prior  to  his  death.  18  L.R.A.(N.S.) 
257. 

Liability  of  estate  of  alleged  pauper  to  pay 
for  support  or  gifts  obtained  on  ground 
of  poverty.     55  L.R.A.  570. 

Power  of  state  to  make  estate  of  person 
committed  to  insane  asylum  or  his  rel- 
atives liable  for  cost  of  his  mainte- 
nance therein.     24  L.R.A. (N.S.)   295. 

Equitable  rights  of  creditors  where  person- 
al representative  carries  on  business. 
40  L.R.A.(N.S.)   233. 

Right  of  creditors  to  subrogation  to  per- 
sonal representative's  right  of  indem- 
nity from  estate  for  debts  contracted 
in  carrying  on  business.  40  L.R.A. 
(N.S.)   233. 

Right  to  recover  against  estate  of  incompe- 
tent for  legal  services  in  attempting  to 
secure  his  freedom  or  in  resisting  lunacy 
proceedings.     45    L.R.A. (N.S.)    67. 

Liability  for  libel  in  will.  49  L.R.A. (N.S.) 
897. 

Mechanics'  lien  for  material  or  labor  fur- 
nished under  contract  with  executor  or 
administrator.     52   L.R.A.(N.S.)    870. 

§  3  4.  Liability  of  estate  to  attorney  em- 
ployed  by   personal   representative. 

Doctrine   that  personal   representative  can- 
not bind  estate.     25  L.R.A. (N.S.) 
72. 
Doctrine  that  probate  court  may  make  al- 
lowance directlv  to  attorney.  25  L.R.A. 
(N.S.)    75. 
Doctrine  tliat  personal  representative  may 

l)ind  estate.     25  L.R.A.  (N.S.)    75. 
Consult  also  L.R.A.  Digests  of  Cases. 


EXECUTORS    AND    ADMINISTRATORS, 

IV.  a — cont'd 
§   34a.  Liability     of     estate     for     debts 
contracted    and    expenses    incurred 
by  personal  representative  in  carry- 
ing on  business. 
When  business  carried  on  under  testamen- 
tary  powej;  or  that  in  articles   of 
partnership.     40  L.R.A. (N.S.)  224. 
When  personal   repi-esentative   or  guardian 
not   empowered   to   carry   on   busi- 
ness.    40  L.R.A. (N.S.)    227. 
When   business    carried    on    under    statute. 

40  L.R.A.(N.S.)    228. 
When   business   carried  on   under   order   of 

court.     40   L.R.A. (N.S.)    229. 
When  business  carried  on  bv  guafdian.    40 

L.R.A.(N.S.)    229. 
Allowance  of  expenses  of  business  as  costs 
of  administration.  40  L.R.A. (N.S.) 
229. 

§  35.  Liability  of  estate  for  broker's 
commissions. 

When  employment  of  broker  or  agent  is  per- 
mitted by  the  will.     64  L.R.A.  554. 

Statutes.     64   L.R.A.   .555. 

Right  at  common  law  to  employ  broker.  64 
L.R.A.  556. 

Right  at  common  law  to  employ  auctioneer. 
64  L.R.A.  557. 

§36.  Liability  for  funeral  expenses. 

Ultimate     liability.      33     L.R.A.     660;     52 

L.R.A.  (N.S.)   1153. 
Primary  liability  as  between  executor  or  ad- 
ministrator and  the  estate.     33  L.R.A. 

663;  52  L.R.A.(N.S.)  1156. 
Remedies.     33  L.R.A.  664;  52  L.R.A. (N.S.) 

1156. 
Preference.    33  L.R.A.  665;  52  L.R.A.(N.S.) 

1157. 
Liability  of  wife's   separate  estate  for  her 

funeral  expenses.    6  L.R.A. (N.S.)   917; 

37  L.R.A.(N.S.)    754. 

§   3  7.  — items  and  amounts. 

In  general.    33  L.R.A.  665;  28  L.R.A. (N.S.) 

572;  52  L.R.A.(N.S.)  1158. 
Grave  clothes.  33  L.R.A.  665. 
Mourning  apparel.  33  L.R.A.  665;  28  L.R.A. 

(N.S.)    572. 
Burial  lot.    33  L.R.A.  666;  28  L.R.A.(N.S.) 

572. 
Monument   or  tombstone.     33   L.R.A.   666; 

28  L.R.A.(N.S.)    572;   52  L.R.A. (N.S.) 

1158. 
Amount    allowable.       33    L.R.A.    668;     28 

L.R.A.  (N.S.)      573;     52     L.R.A.  (N.S.) 

1158. 
Miscellaneous.     33    L.R.A.   667;    28    L.R.A. 

(N.S.)    574;    52  L.R.A.(N.S.)    1158. 
Insolvent  estates.    33  L.R.A.  669;  28  L.R.A. 

(N.S.)   575. 

§   38.  Set-off  of  claim  against  estate. 

Set-ofT  in  bankruptcy  cases.     55  L.R.A.  46, 

52. 
Right  to  set  off,  against  insolvent  estate, 

claims      purchased      after      decedent's 

death.     21  L.R.A.  282. 


544 


INDEX  TO  L.R.A.  NOTES. 


EXECUTORS    AND    ADMINISTRATORS, 

IV.  a — cont'd 
Riglit  of   bank  to  set  off  unmatured  claim 
against  deposit  of  deceased  debtor.     27 
l'.K.A.(N.S.)    812. 
Set-off  as  between  debt  due  from  decedent 
and  claim  arising  after  decedent's 
death,     out    of     transaction     with 
executor  or  administrator.     L.R.A. 
iyi5A,  291). 

§   39.  Presentation  of  claims. 

Presentation  of  claims  in  ancillary  proceed- 
ings, see  infra,  §  60. 

Effect  of  failure  to  present  claim  against 
estate  of  deceased  principal  to  release 
surely.     25  L.R.A.(N.S.)    139. 

§   40.  —time  for. 

Running  of  limitations  in  case  of  claims 
against  decedent's  estates  generally,  see 
Limitation  of  Actions,  §§  44,  58. 

Waiver  or  tolling  of  statute  of  nonclaims 
by  personal  representative.  L.R.A. 
1915B,  1042. 

Right  of  ward  to  file  claim  against  estate 
of  guardian  after  termination  of  guard- 
ianship, but  before  settlement  of  ac- 
count.   26  L.R.A.  (N.S.)  793. 

Eflfect  on  running  of  limitations  of  appoint- 
ment of  temporary  administrator.  38 
L.R.A.(N.S.)   824. 

Do  proceedings  for  sale  of  decedent's  real 
property  fall  within  "omnibus"  provi- 
sion of  statute  of  limitations.  25 
L.R.A.(N.S.)    1304. 

Statute  of  nonelaim  as  equivalent  of  limi- 
tation within  rule  that  running  of  the 
latter  against  debt  secured  will  bar 
remedy  on  the  mortgage.  31  L.R.A. 
(N.S.)    1013. 

Is  statute  of  limitations  suspended  during 
period  allowed  administrator  to  bring 
action.     13  L.R.A.(N.S.)   1200. 

When  limitations  begin  to  run  in  action 
against  representatives  of  deceased 
stockholder  in  insolvent  corporations 
for  unpaid  stock  subscription.  1  L.R.A. 
(N.S.)    913. 

Effect  of  failure  to  present  claim  within 
the  time  allowed  by  the  administra- 
tion statute  of  the  domicil  as  a  bar  to 
its  allowance  in  the  state  of  the  an- 
cillary administration,  or  vice  versa. 
19   L.R.A.(N.S.)    553. 

Claim  barred  by  failure  to  file  it  in  ad- 
ministration proceedings  witliin  pre- 
scribed time  as  consideration  for  note 
of  third  person.     L.R.A.1917C,  844. 

§  41.  —contingency  of  claim  as  affect- 
ing time. 

Generally.     58   L.R.A.  82. 

Statutory  construction.     58   L.R.A.   82. 

Nature  of  contingency  in  general.  58  L.R.A. 

83. 
Liability  of  stockholders.     58  L.R.A.  85. 
Liability  of  executors,  administrators,  and 

guardians   for   misconduct.     58  L.R.A. 

86. 


Begin  with  this  hoole  on  every  law  question. 


EXECUTORS    AND    ADMINISTRATORS, 

IV.  a — cont'd 
Liability   of    sureties    and   guarantors.      58 

L.R.A.  86. 
Liability  of  indorsers.     58  L.R.A.  87. 
Reimbursement    of    sureties    and    indorsers. 

58  L.R.A.  87. 
Contribution.     58  L.R.A.  88. 
Liability  under  contracts  of  indemnity.     58 

L.li.A.   88. 
Liability  for  breach  of  warrantv.    58  L.R.A. 

88. 
Liability    of    grantee    assuming    mortgage. 

58  L.R.A.  89. 
Liability  of  partner.     58  L.R.A.  89. 
Miscellaneous  claims.     58  L.R.A.  89. 

§  4  2.  Effect  of  retention  of  account  by 
personal  representative. 

Retention  of  account  by  executor  or  ad- 
ministrator as  rendering  it  an  account 
stated.     29  L.R.A.(N.S.)    340. 

§   43.  Remedies  with  inspect  to  claims. 

Rights  of  creditors  to  rents  of  intestate's 
property.     40  L.R.A.   345. 

Efifect  of  foreign  judgments  against  execu- 
tor  or   administrator.     27   L.R.A.   101. 

Injunction  as  to  claims  in  foreign  jurisdic- 
tion.    21  L.R.A.  73. 

Injunction  in  favor  of,  or  against,  executor 
or  administrator  to  prevent  execution 
sales.     30  L.R.A.   120. 

Injunction  against  judgment  entered  against 
executors  or  administrators  on  confes- 
sion.    30   L.R.A.   241. 

Right  of  executor  or  administrator  to  have 
judgment  against  decedent  set  aside, 
54  L.R.A.  761. 

Statutory  exemptions  of  proceeds  or  avails 
of  life  insurance  as  inuring  to  benefit 
of  estate  where  policy  is  payable  to 
executors  or  administrators,  or  estate. 
L.R.A.1917F,   1143. 

§   44.  —garnishment. 

See  Garnishment,  §  7. 

§   45.  Payment  of. 

Effect  of  payment  by  stranger  or  volunteer 
to  give  claim  against  estate.     23  L.R.A 
129. 

Commercial  paper  given  by  representative 
as  payment  of  debt.  35  L.R.A. (N.S.) 
63. 

Order  of  abatement  to  pay  debts,  as  be- 
tween demonstrative  legacies  and  spe- 
cific legacies  or  devises.  4  L.R.A. (N.S.) 
922. 

Right  of  creditors  of  business  carried  on  bj 
executor  to  preference  over  creditors 
of  testator.     7  B.  R.  C.  518. 

§  46.  Recovery  back  of  overpayment 
made. 

Right  of  executor  or  administrator  to  re- 
cover back  from  creditor  excessive  pay- 
ments made  under  the  mistaken  belief 
that  estate  was  solvent.  28  L.R.A. 
N.S.)   440. 


INDEX  TO  L.R.A.  NOTES. 


545 


EXECUTORS  AND  ADMINISTRATORS. 
IV.— cont'd 

b.  Distribution  of  estate. 

§   4  7.  Generally. 

As  to  descent  and  distribution  generally, 
sec  Descent  and  Distiubutiox. 

Property  subject  to  distril>ution,  sec  De- 
scent  AND   DlSTlUUUTlON.   §    9. 

Liability  of  heirs  for  obligations  of  ances- 
tor, see  Descent  and  Distribution, 
§   12. 

Who  entitled  to,  see  Descent  and  Distbi- 
BUTION,    II. 

Who  entitled  to  take  under  will,  see  Wills, 
§§  69,  70. 

Remedy  where  estate  has  been  distributed 
before  claim  accrued.  L.R.A.191GA, 
1185. 

Distribution  of  assets  to  next  of  kin  or  bene- 
ficiarj'  under  will  in  jurisdiction  of 
ancillary  administration.  L.R.A.1915A, 
431. 

Time  as  of  which  valuation  of  decedent's 
estate  is  to  be  taken  for  assignment 
of  share  of  sur\'iving  spouse.  3 
B.  R.  C.  973. 

Of  estates  in  which  persons  not  in  being  may 
have  an   interest.     8   L.R.A.(N.S.)    69. 

Law  governing  distribution  of  fund  collect- 
ed or  recovered  for  negligent  killing  of 
a  person.     4  L.R.A.(N.S.)    834. 

Controversies  over  estates  of  decedents  as 
subject  of  valid  compromise.  25  L.R.A. 
(N.S.)    305. 

Effect  of  provision  in  will  for  equitable  con- 
version on  wife's  distributive  share 
where  the  will  makes  no  provision  for 
her  or  she  renounces  such  provision. 
22   L.R.A.(N.S.)    285. 

Right  to  probate  will  after  distribution  of 
property  as  intestate.  36  Ij.R.A. (N.S. ) 
80. 

Voluntary   distribution   of   chattels   to    life 
tenant  as  inuring  to  benefit  of  remain-  i 
derman.      14    L.R.A.(N.S.)    798. 

Notice  of  distribution  in  probate  proceed- 
ings as  jurisdictional.  37  L.R.A.  (N.S.) 
368. 

Effect  of  decree  of  distribution  following  a 
testamentary  disposition  of  property 
void  under  the  rule  against  perpetui- 
ties or  as  unlawfully  suspending  the 
power  of  alienation.  15  L.R.A. (N.S.) 
900. 

§   48.  Payment  of  legacies. 

See  Wills,   §   108. 

§   49.  Set-off  against  distributive  share. 

Duty  of  debtor  to  account  for  statute-barred 
debt  before  participating  in  estate  of 
creditor.  4  B.  R.  C.  718;  L.R.A.1918C, 
619. 

Indebtedness  of  heir  or  devisee  to  estate  as 
counterclaim  or  set-ofi"  against  dis- 
tributive share  in  proceeds  of  real  es- 
tate. 4  L.R.A. (N.S.)  189;  L.R.A.1915A, 
1179. 

Consult  also  L.R.A.  Digests  of  Cases. 


EXECUTORS    AND    ADMINISTRATORS, 

IV.— cont'd 
Deduction  of  indebtedness  owing  to  remote 
ancestor  by  predeceased  immediate  an- 
cestors.   47  L.R.A.  (N.S.)   1026. 

c.  Accounting;  conitnissions ;  reim- 
bursement. 

§50.  Generally. 

EfTeet  of  discharging  executor  or  adminis> 
trator  before  inheritance  tax  is  paid. 
L.R.A.1917E,   1162. 

Duty  to  account  for  gold  or  silver.  29 
L.R.A.  523. 

Accounting  by  administrator  for  rents  of 
intestate's  property.     40  L.RJl.  344. 

Right  of  administrator  de  bonis  non  to  re- 
quire predecessor  to  account.  40  L.R.A. 
73. 

Right  of  executor  or  administrator  or  his 
representatives  to  object  to  account  of 
coexecutor  or  coadministrator.  22 
L.R.A.(N.S.)    1119. 

Right  of  court  to  surcharge  account  of  ex- 
ecutor, administrator,  guardian,  or  re- 
ceiver in  the  absence  of  any  oljjection 
to  the  account,  or  upon  an  objection  by 
amicus  curice.     18  L.R.A. (N.S.)   284. 

Effect  of  accounting  on  personal  liability 
for  losses  to  estate  through  investments. 
44   L.R.A.(N.S.)    984. 

Raising  question  to  charge  executor  or  ad- 
ministrator personally,  of  collusion  in 
establishing  claim  against  estate  by  ob- 
jection to  his  account.  L.R.A. 191.5C, 
737 

§   51.  Notice  of  accounting. 

Remedy  of  distributee  as  to  accounting  of 
wiiich  he  had  no  notice  and  on  which 
he  did  not  appear.     63  L.R.A.  95, 

§   52.  Commissions. 

Effect  of  allowance  of  brokerage  upon.  64 
L.R.A.  555. 

Right  of  surviving  copartner  acting  as  ex- 
ecutor to  compensation  for  services.  17 
L.R.A. (N.S.)   406. 

§   53.  Reimbursement. 

Allowance  to   executor   de   son   tort  of  dis- 
bursements  or    pavments.      L.R.A. 
1915D,  948. 
Expenditure  of  administrator  for  the   pro- 
tection   of    decedent's    character.      16 
L.R.A.  743. 
Right  to  credit  for  amount  paid  to  surety 

company  for  bond.  48  L.R.A.  591. 
Right  of  executor  to  allowance  for  attor- 
neys' fees  for  services  in  attempt  to 
establish  or  resist  attack  upon  will. 
26  L.R.A.  (N.S.)  757;  L.R.A.1917A, 
450. 

d.  Allowances. 

§   54.  Generally. 

Succession    tax    on    allowances.      29   L.R.A. 

(N.S.)    428. 


546 


INDEX  TO  L.R.A.  NOTES. 


EXECUTORS    AND    ADMINISTRATORS, 

IV.  d— cont'd 
g   55.  Widow's  allowance. 

Waiver  of  right  to  widow's  allowance  by 
antenuptial  agreement.  25  L.R.A. 
(N.S.)    751. 

Widow's  right  to  year's  support  or  allow- 
ance out  of  fund  recovered  for  the  neg- 
ligent killing  of  husband.  42  L.R.A. 
(N.S.)   7.25. 

Widow's  right  to  year's  support  or  allow- 
ance out  of  insurance  money.  46  L.R.A. 
(N.S.)   788. 

g   55a.  — effect  of  nonresidence. 

Right  of  nonresident  widow  to  statutory  al- 
lowance.    21    L.R.A.    241. 

Widow's  right  to  exemption  or  allowance 
for  support  out  of  personal  assets  of 
estate  of  deceased  husband,  who  was  a 
nonresident.     11  L.R.A.{N.S.)    361. 

F.  Suits  affecting  estate. 

§   5  6.  Generally. 

Costs  and  fees  of  suit,  see  Costs  and  Fees, 

§  3. 
Probate  of  will,  see  Wills,  §§  47-56. 

Pendency  of  proceedings  in  both  state  and 
Federal  courts.     42  L.R.A.  460. 

Removal  of  actions  relating  to  decedents' 
estates  because  of  separable  controver- 
sy.   5  L.R.A. (N.S.)   81. 

Conflict  of  laws  as  to  limitations  of  ac- 
tions affecting  decedent's  estate.  48 
L.R.A.  634. 

Admissions  and  waivers  by  executor  or  ad- 
ministrator in  actions.     32  L.R.A.  687. 

§  57.  On  behalf  of  estate. 

By  foreign  or  ancillary  representative,  see 

infra,  §  61. 
Survival  of  action  in  favor  of  decedent,  see 

Abatement  and  Revival,  §§  2,  3. 
Right  of  personal  representative  to  sue  for 

causing  death  of  decedent,  see  Death, 

§  10. 
Compromise  of  right  of  action  for  death  of 

decedent,  see  Death,  §   14. 
Limitation   of   actions,   see  Limitation   of 

Actions,  §§  44,  58. 

Executor  or  administrator  as  real  party  in 
interest  bv  whom  action  must  be 
brought.     64  L.R.A.   611. 

Who  may  sue  or  take  other  proceedings  to 
set  aside  judgment  affecting  decedent's 
estate.     54  L.R.A.  761. 

Right  to  sue  for  injury  from  damnnng  back 
water  of  stream.     59  L.R.A.  903. 

Ejectment  by  executor  or  administrator. 
18  L.R.A.  789. 

Is  an  administrator  or  executor  in  such 
privity  with  a  legatee,  distributee,  or 
creditor,  that  he  may  assert  a  personal 
defense  of  the  latter  to  a  claim  against 
the  estate.     8  L.R.A. (N.S.)   212. 

Right  of  next  of  kin  to  maintain  action  in 
interest  of  estate.  22  L.R.A. (N.S.) 
454. 


EXECUTORS  AND  ADMINISTRATORS, 
V. — cont'd 

Contributory  negligence  of  parent  as  bar  to 
action  by  administrator  for  death  of 
child  non  sui  juris.  18  L.R.A. (N.S.) 
328. 

Recovery  by  administrator  in  action  for 
benefit  of  estate  of  probable  accumula- 
tions of  deceased  as  damages  for  his 
death.     15  L.R.A. (N.S.)    451. 

Injunction  to  prevent  execution  sales.  30 
L.R.A.  120. 

Right  of  executor  or  administrator  to  ap- 
peal as  party  aggrieved.     13  L.R.A.  745. 

Right  to  accept  favorable  part  of  decree 
of  distribution  and  appeal  from  the 
rest.     29   L.R.A. (N.S.)    13. 

Action  for  mutilation  of  corpse.  L.R.A. 
1915B,  521. 

Waiver  by  legal  representatives  or  heirs  of 
privilege  as  to  communications  between 
physician  and  patient.  48  L.R.A.  (N.S.) 
420. 

§   58.   Suits  against. 

Against  foreign  or  ancillary  representative, 
see  infra,  §  61. 

Survival  of  action  against  decedent,  see 
Abatement  and  Revival,  §§  2,  3. 

Representative's  right  to  interplead  claim- 
ants, see  Interpleader,  §  2. 

Garnishment  of  executor  or  administrator, 
see  supra,  §  44. 

Waiver  or  tolling  of  statute  of  limitations 
by  personal  representative,  see  Limi- 
tation of  Actions,  §  62a. 

Remedy  of  distributee  who  had  no  notice  of 
accounting  and  did  not  appear  there- 
on, by  proceeding  against  executor  or 
administrator.     63   L.R.A.    101. 

Foreign  judgment  against  executor  or  ad- 
ministrator.    27  L.R.A.   101. 

Injunction  against  suit  against  estate  in 
other   jurisdiction.      21    L.R.A.    73. 

Injunction  against  judgment  entered 
against  personal  representatives  on 
confession.      30    L.R.A.    241. 

Injunction  to  prevent  execution  sales.  30 
L.R.A.  120. 

Necessity  of  exhausting  remedy  at  law 
against  deceased  debtor  as  condition 
precedent  to  creditor's  bill.  23  L.R.A. 
(N.S.)    92-96,^111,  112. 

Right  of  widow  to  recover  from  estate  the 
value  of  her  dower  interest  in  land 
conveyed  by  her  husband  during  his 
lifetime.     8  L.R.A. (N.S.)    1101. 

Right  of  surety  of  personal  representative 
to  intervene  in  action  against  princi- 
pal or  vice  versa.     68  L.R.A.  744. 

Right  of  representative  of  decedent's  estate 
to  interplead  claimants.  37  L.R.A. 
(N.S.)    986. 

Necessity  of  consistency  in  complaint  with 
respect  to  fepresentative  or  individual 
capacity  of  party.     1  L.R.A. (N.S.)   161. 

VI.  Sale  of  property  of  estate. 


§   59.  Generally. 

Power  of  representative  to  make  sale, 
supra,  §  17. 
Begin  with  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


'  547 


EXECUTORS  AND  ADMINISTRATORS, 
VI.— cont'd 

Constitutionality  of  private  act  authorizing 
sale  of  decedent's  estates.  16  L.R.A. 
254. 

Validity  of  sale  to  surety  on  executor's 
bond.     4  L.R.A.(N.S.)    820. 

Injunction  against '  judgments  on  sales  of 
real  property  by.     31  L.R.A.  754. 

Right  of  one  claiming  through  heir  or  devi- 
see to  protection  against  unrecorded 
conveyance  by  ancestor  or  his  personal 
representative.      34   L.R.A.  (N.S.)    328. 

Executing  power  of  sale  under  will  after 
discharge.     2  L.R.A.  (N.S.)    623. 

Reimbursement  or  subrogation  of  purchas- 
er on  annulling  sale.     69  L.R.A.  45. 

Liability  of  purchaser  from  executor  or  ad- 
ministrator of  property  charged  with 
the  payment  of  a  legacy.  30  L.R.A. 
(N.S.)    821. 

Effect  of  subsequent  revocation  of  letters 
testamentary  or  of  administration  un- 
der which  sale  had.  21  L.R.A.  155;  43 
L.R.A. (N.S.)   634. 

Conveyance  by  administrator  of  cotenant 
as  basis  of  adverse  possession  against 
others.     32  L.R.A.(N.S.)    710. 

Sale  by,  as  violation  of  covenant  in  lease 
against  assignment  or  sale.  14  L.R.A. 
(N.S.)    1204. 

Dower  in  land  subject  to  purchase  money 
mortgage  sold  by  executor  or  admin- 
istrator after  husband's  death.  52 
L.R.A. (N.S.)    550. 

Estoppel  of  executor  or  administrator  to 
deny  that  he  received  the  amount  stat- 
ed in  his  report  of  sale.  L.R.A.1916A, 
639. 

Sale  of  real  estate  in  state  other  than  de- 
cedent's domicil  to  pay  debts. 
L.R.A. ]915D,     754. 

Right  of  executor  or  administrator  to  pur- 
chase at  his  own  sale.  L.R.A. 1918B, 
7. 

Purchase  at  executor's  sale  by  judge  who 
ordered  the  sale.    L.R.A.1918C,  157. 


VII.  Foreign  and  ancillary  adminis- 
tration. 

§   6  0.  Generally. 

Right  of  domiciliary  executors  and  admin- 
istrators, or  their  nominees,  to  an- 
cillary letters.  48  L.R.A.(N.S.) 
858. 

Effect  of  probate  of  will  in  another  state. 
48  L.R.A.  130. 

Appointment  of  receiver  to  preserve  status 
quo  pending  administration  proceed- 
ings in  anotlier  tribunal.  38  L.R.A. 
(N.S.)   231. 

Effect  of  failure  to  present  claim  within 
time  allowed  by  administration  statute 
of  domicil  as  bar  to  its  allowance  in 
state  of  ancillary  administration  or 
vice  versa.     19  L.R.A.(N.S.)   553. 

Ancillary  probate  at  testator's  domicil  after 
probate  in  other  jurisdiction.  1  L.R.A. 
(N.S.)   996. 

Consult  also  L.R.A.  Digests  of  Cases. 


EXECUTORS  AND  ADMINISTRATORS, 
VII.— cont'd 

Rights  of  foreign  creditors  imder  ancillary 
administration.     L.R.A.1915F,  1041. 

Sale  of  real  estate  in  state  otlier  than  de- 
cedent's domicil  to  pay  debts.  L.R.A. 
1915D,  754. 

Distribution  of  assets  to  next  of  kin  or  bene- 
ficiary under  will  in  jurisdiction  of  an- 
cillary administration.  L.R.A.1915A, 
431. 

Effect  of  qualification  of  personal  repre- 
sentatives within  state,  other  than  the 
domicil  of  the  deceased,  to  give  court 
jurisdiction  as  to  assets  in  another 
state.    L.R.A.1918E,  718. 

§   61.  Suits  by  or  against. 

Right  of  domiciliary  administrator  to  sue 
on  judgment  in  another  state.  39 
L.R.A.(N.S.)    430. 

Right  of  foreign  representative  to  maintain 
action  for  death  of  decedent  under  stat- 
ute of  another  state  which  provides 
that  the  action  shall  be  brought  by 
the  personal  representative.  18  L.R.A, 
(N.S.)   1252;  L.R.A.1917A,  37. 

Settlement  or  compromise  by  personal  rep- 
resentatives of  cause  of  action  for  death 
as  affecting  right  of  action  therefor  by 
representative  appointed  in  another 
state.     L.R.A.1918D,  670. 

Injunction  as  to  claims  in  foreign  jurisdic- 
tion.    21  L.R.A.  73. 

Injunction  in  favor  of  or  against,  to  pre- 
vent execution  sales.     30  L.R.A.  121. 

Right  to  revive  suit  and  continue  same 
against  foreign  representative  of  de- 
ceased defendant  over  whom  jurisdic- 
tion was  obtained  in  his  lifetime.  15 
L.R.A.(N.S.)    632. 

Effect  of  ancillary  appointment  after  com- 
mencement of  action  by  foreign  execu- 
tor or  administrator.  4  L.R.A. (N.S.) 
657. 

Effect  of  foreign  judgments  against  execu- 
tor  or   administrator.     27   L.R.A.   101. 


EXECUTORY  DEVISE. 


In  general,  see  Wills,  §  94. 
Levy  on.    23  L.R.A.  643. 


EXECUTORY  JUDGMENT. 

Effect    of    subsequent    statute    on.      L.R.A 
1918D,  253. 


EXECUTORY  TRUSTS. 

Under  rule   in   Shelley's  Case,   see  Deeds, 
§  30;  Wills,  §  82. 


EXEMPLARY   DAMAGES. 

See  Damages,  §§  13-19, 


548 


INDEX  TO  L.R.A.  NOTES. 


EXKMPTION. 

/.  In  general,  §  1. 

II.  Of  property   from  claims   of  credi- 
tors, §§  2-10. 

a.  In  general,  §§  2,  3. 

b.  What    property    and     rights 

are  exempt,  §§  4-8. 

c.  Who  may  claim,  §§  9,  10. 

I.  In  general. 

§   1.  Generally. 

From  jury  duty,  see  Jury,  §  10. 

From  assessments,  see  Public  Impkove- 
MENTS,    IV. 

From  taxation,  see  Taxes,  §§  14-39,  95- 
100. 

From  service  of  process,  see  Writ  and  Proc- 
ess, §§  30-37. 

Under  Selective  Service  Act  of  May  18, 
1917.     L.R.A.1918E,  1020. 

Contract  exemptions  from  power  of  legisla- 
ture to  fix  tolls,  rates,  and  prices.  33 
L.R.A.   186. 

Statutory  exemption  of  municipal  corpora- 
tions from  liability  for  defects  or  ob- 
struction in  street.  20  L.R.A.  (N.S.) 
526. 

Of  grand  juror.     28  L.R.A.  199. 

Right  conferred  by  statutory  exemption  of 
firemen  from  jury  or  militia  duty.  8 
L.R.A.  (N.S.)  498. 

From  payment  of  compulsory  pilotage  fees. 
39   L.R.A.   179. 


//,  Of  property  from,  claims  of  credi- 
tors. 

a.  In  general. 

g  2.  Generally. 

In   bankruptcy,   see  Bankruptcy. 

Conflict  of  laws  as  to  exemption  matters, 
see  Conflict  of  Laws,  §§  41,  44. 

Impairment  of  obligation  of  contracts  as 
to,  see  Constitutional  Law,  §  31. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  90. 

Homestead   exemption,   see  Homestead. 

Validity  of,  against  claim  for  rent,  see 
Landlord  and  Tenant,  §  85. 

Right  of  one  who  purchases  property  and 
q,grees  to  assume  the  debts  of  the  ven- 
dor to  claim  exemption  as  to  property 
purchased.     L.R.A.1918D,  885. 

Amount  of  wages  exempt  upon  successive 
garnishments.     L.R.A.1917D,  899. 

Self-executing  effect  of  constitutional  ex- 
emption.    16  L.R.A.  284. 

Law  governing  validity  of  exemptions  in 
foreign  assignment  for  creditors.  65 
L.R.A.  362. 

Law  governing  exemption  of  wages  from 
garnishment.    67  L.R.A.  222, 

Evasion  bv  garnishment  in  other  state.  19  j 
L.R.A'.  577.  I 

Liability  for  evasion  of  exemption  laws  of  1 
domicil  bv  action  in  other  state.  36  1 
L.R.A.  582. 

Begin  with  this  booTe  on  every  law  question. 


EXEMFIION,  II.  a— cont'd 

Debtor's  right  of  action  against  his  creditor 
for  collecting  debt  in  another  jurisdic- 
tion in  evasion  of  exemption  laws  of 
their  domicil.     47  L.R.A. (N.S.)    689. 

Action  for  loss  of  exemption  by  garnish- 
ment in  another  state.  19  L.R.A.  580; 
36   L.R.A.   582. 

Application  to  existing  judgments  of  stat- 
ute abolishing  or  diminishing  exemp- 
tions.    25  L.R.A. (N.S.)    189. 

Right  to  set  off  one  judgment  against  an- 
other which  is  exempt  or  is  based  on  a 
wrongful  taking  of  exempt  property. 
16   L.R.A. (N.S.)    494. 

Judgment  on  antecedent  debt  as  lien  on 
property  to  which  exemption  law  haa 
attached  in  meantime.  37  L.R.A. 
(N.S.)    156. 

Effect  in  state  where  debt  is  garnished  of 
statutory  exemption  at  domicil  of  prin- 
cipal  defendant.      19   L.R.A.   578. 

Recovery  of  judgment  for  exempt  claim 
pending  garnisliment  proceedings  in  ar.- 
other  state.     .35  L.R.A. (N.S.)    1154. 

Duty  of  garnishee  to  set  up  exemption  of 
principal  debtor.     19  L.R.A.  580. 

Set-off  and  counterclaim  against  exempt 
claim.     42  L.R.A.(N.S.)    575. 

Effect  of  discharge  in  bankruptcy  on  liens 
on  exempt  property.  42  L.R.A. (N.S.) 
296. 

Federal  courts  following  state  decisions  as 
to  debtor's  exemptions.  40  L.R.A. 
(N.S.)    437. 

Applicabilitv  of  bulk  sales  law  to  exempt 
property.      45    L.R.A. (N.S.)    497. 

Marshalling  assets  for  benefit  of  mortgagor 
where  mortgage  covers  both  exempt 
and  nonexempt  property.  47  L.R.A. 
(N.S.)   303. 

Enforcement  of  claim  for  alimony  against 
exemptions.    50  L.R.A. (N.S.)  697. 

§  2a.  Sele'Ction  of  exempt  property. 

Selection  in  general.     L.R.A.1915D,  381. 
Necessity     of     tendering     other     property. 

L.R.A.1915D,  394. 
Time  for  selection.     L.R.A.1915D,  395. 
As    against    fines    and    penalties.      L.R.A. 
1915A,   1214. 

§   3.  Protection  of  exemption. 

Enforcing  exemption  laws  of  other  state. 
1  L.R.A.(N.S.)    195. 

Injunction  to  protect  in  case  of  execution 
sale.     30  L.R.A.  99. 

Injunction  against  repeated  garnishment  of 
exempt   wages.      10    L.R.A. (N.S.)    983. 

Jurisdiction  of  courts  to  enjoin  execution 
sales  in  protection  of.     30  L.R.A.  132. 

Amount  in  dispute  in  case  of  injunction 
against  sale  of  exempt  propertv.  61 
L.R.A.   781. 

Creditor's  right  to  have  satisfaction  of  judg- 
ment canceled  where  the  property  levied 
on,  or  its  proceeds,  is  returned  to  the 
debtor  as  exempt,  or  to  a  third  person 
who  establishes  a  claim  thereto.  11 
L.R.A. (N.S.)    396. 


INDEX  TO  L.R.A.  NOTES. 


549 


EXEMPTION,  II.  a— cont'd 
Injunction  against  suit  in  another  state  to 
evade  local  exemption  laws.     15  l^.Il.A. 
(N.S.)    1008. 
A  debtor's  right  of  action  against  his  cred- 
itor for  collecting  debt  in  another 
jurisdiction    in   evasion   of   exemp- 
tion   laws    of    tiieir    domicil.     47 
L.R.A.  (N.S.)    689. 
Assault    in    resisting    seizure    of    property 
under  process.     L.R.A.1916B,  957. 


b.  What  property  and  rights  are 
exempt. 

§   4.  Generally. 

Property  subject  to  garnishment,  see  Gab- 
NISHMENT,  §§  10-lla. 

Property  subject  to  attachment  or  execu- 
tion, see  Levy  and  Seizure,  §§  2-7. 

Homestead,  see  Homestead,  II. 

Seat  on  stock  exchange.  27  L.R.A. (N.S.) 
615. 

Availability  of  exemptions  against  claim  for 
rent.     24  L.R.A.  812. 

From  husband's  debts  of  property  conveyed 
to  wife.     69  L.R.A.  366. 

Liability  of  claim  or  interest  in  public 
lands  for  debts  contracted  before  issu- 
.anfi«  of  patent.     34  L.R.A. (N.S.)    405. 

Right  of  creditors  in  personal  services  of 
debtor.     21   L.R.A.   623. 

Exemption  of  piano  from  seizure  under  exe- 
cution.    44  L.R.A. (N.S.)    77. 

Exemption  of  safe  from  execution.  46 
L.R.A.(N.S.)   287. 

Exemption  of  automobile  from  seizure  for 
debt.     49  L.R.A. (N.S.)    691. 

Cab,  or  other  vehicle  used  for  transporta- 
tion of  passengers  for  hire,  as  exempt 
property.     4  B.  R.  C.  478. 

What  is  included  within  exemption  of  pro- 
visions and  food.     L.R.A.1916B,  788. 

§  4a.  Horses. 

Purpose  for  which  horses  are  used  as  af- 
fecting exemption  imder  statute  specif- 
ically exempting  horses.  3  L.R.A. 
(N.S.)    693. 

§   5.  Wages;   salary. 

I^w  governing.     67  L.R.A.  222. 

Of  debtor's  wages  after  pavment  by  em- 
ployer.     18   L.R.A.   586." 

Laborers  whose  earnings  are  exempt  from 
attachment  or  garnishment.  18  L.R.A. 
309. 

Exemption  of  teacher's  salary  from  claims 
of  creditors.     54  L.R.A.  572. 

Amount  of  wages  exempt  from  successive 
garnishments.     L.R.A.1917D,  899. 

§   5a.  —of  officer. 

Creditors'  bills  and  supplementary  proceed- 
ings.    54  L.R.A.  566. 

On  the  ground  of  public  policy.  54  L.R.A. 
568. 

Statutoi'y  provisions.     54  L.R.A.  570. 

School  teacher's  salary.     54  L.R.A.  572. 

Consttlt  also  L.R.A.  Digests  of  Cases. 


EXEMPTION,  II.  b— cont'd 

Officers  of  municipal  corporations  in  Ken- 
tucky.     54  L.R.A.   573. 

Right  to  garnish  fees  or  salary  of  public 
officer  after  expiration  of  term  of  office. 
L.R.A. 1917F,  1119. 

§   6.  Insurance  money. 

Exemption  (ii  proceeds  of  life  insurance  af- 
ter loss  from  beneficiary's  debts. 
L.R.A.1915A,    1201. 

Right  of  creditors  in  endowment  or  tontine 
policies  of  insurance.  4  L.R.A. (N.S.) 
456. 

Are  paid-up  or  endowment  policies  within 
statutes  exempting  life  insurance  pol- 
ices.    25  L.R.A.(N.S.)   722. 

Right  of  creditors  to  reach  option  of  in- 
sured to  receive  cash  surrender  value. 
16  L.R.A.  (N.S.)    316. 

Exempt  character  of  proceeds  of  insurance. 
19   L.R.A,  34. 

Does  exemption  of  proceeds  of  insurance  ex- 
tend to  property  purchased  therewith. 
24  L.R.A.(N.S.)    1018. 

Tjife  insurance  policy  exempt  under  state 
laws  as  assets  of  bankrupt.  26  L.R.A. 
(N.S.)    454;   46  L.R.A. (N.S.)    148. 

Statutory  exemptions  of  proceeds  or  avails 
of  life  insurance  as  inuring  to  benefit  of 
estate  where  policy  is  payable  to  execu- , 
tors     or     administrators,     or     estate. 
L.R.A.1917F,  1143. 

§    7.  Pension  money. 

Exemption  of  property  purchased  with  pen- 
sion money.     19  L.R.A.  34. 

How  far  pension  money  is  exempt  in  an- 
other form.    19  L.R.A.  35. 

§  8.  How  far  proceeds  of  exempt 
property  retain  exempt  character. 

As  to  judgments  affecting  exempt  property. 
19  L.R.A.  33. 

As  to  setting  off  judgments  affecting  exempt 
property.    19  L.R.A.  33. 

As  to  proceeds  of  insurance.     19  L.R.A.  34. 

As  to  exemption  of  property  purchased  with 
pension  money.     19  L.R.A.  34. 

As  to  exemption  of  pension  money  when 
in  another  form.     19  L.R.A.  35. 

As  to  exemption  in  homestead  sold  for  re- 
investment.   19  L.R.A.  36. 

Property  obtained  by  exchange.  19  L.R.A. 
38. 

As  to  exemption  of  products  or  profits  of 
exemption.    19  L.R.A.  38. 

As  to  exemption  in  case  of  mortgage,  sale, 
or  transfer.     19  L.R.A.  39. 

Does  exemption  of  proceeds  of  insurance  ex- 
tend to  property  purchased  therewith. 
24  L.R.A. (N.S.)    1018. 

Crops  grown  on  homestead,  or  proceeds 
thereof,  as  exempt.  32  L.R.A. (N.S.) 
577. 

Does  a  statute  exempting  money  "due,  or 
to  become  due,"  or  "to  be  paid,"  or  em- 
ploying similar  expressions,  protect 
monev  after  it  has  been  paid.  5  L.R.A. 
(N.S.')   472. 


550 


INDEX  TO  L.R.A.  NOTES. 


EXEMPTION,  II —cont'd 

c.  Who  may  claim. 

§  9.  Generally. 

Right  of  debtor  to  assign  exemptions,  or 
delegate  to  another  the  right  to  select 
exempt  property.     30  L.R.A.(N.S.)  982. 

What  constitutes  a  "family"  under  exemp- 
tion laws.  4  L.R.A.(N.S.y  365;  L.R.A. 
1'917C,  361. 

Wife  as  head  of  family  within  exemption 
statute.     51   L.R.A.(N.S.)    1121. 

What  is  a  "trade"  or  "profession"  within 
exemption  laws.     L.R.A.1915F,  916. 

Engaging  in  other  business  as  affecting  ex- 
emption of  farmer  from  involuntary 
proceedings  in  bankruptcy.  20  L.R.A. 
(N.S.)    148. 

Statutory  exemption  of  proceeds  or  avails 
of  life  insurance  as  inuring  to  benefit 
of  estate  where  policy  is  payable  to 
executors  or  administrators,  or  estate. 
L.R.A.1917F,  1143. 

§   10.  In  case  of  nonresidence. 

What   is   nonresidence   for   the  purpose  of 
debtor's  exemptions.     L.R.A.1915A, 
421. 
When  does  nonresidence  of  person  intend- 
ing   to    leave    permanently    begin.      1 
L.R.A.(N.S.)  778. 
Widow's  right  to,  out  of  personal  assets  of 
estate  of  deceased  husband,  who  was  a 
nonresident.     11  L.R.A. (N.S.)   361. 
Right   of   nonresident   debtor   to   benefit   of 
local  exemption  law.    L.R.A.1915A, 
396. 


EXERTION. 


Right  to  recover  on  insurance  policy  for  in- 
jury from,  see  Insurance,  §  168. 


EXHAUSTION. 


As  a  personal  injury  within  the  meaning 
of  the  Workmen's  Compensation  Act. 
L.R.A.1917D,   106,   109. 


EXHIBITIONS. 


EXHIBITIONS— cont'd 

Of    anatomical    subjects    as    nuisance.      45 

L.R.A.(N.S.)    23. 
Carrier's  liability  for  preventing,  by  breach 

of    contract    of    carriage.      49    L.R.A. 

(N.S.)    491. 
Liability  for  loss  of,  or  injury  to,  property 

on      exhibition.        L.R.A.1915A,      594; 

L.R.A.1915B,   305. 


EXHORTATION. 


Voluntariness  of  confession  induced  by  ex- 
hortation. 18  L.R.A. (N.S.)  812;  50 
L.R.A.  (N.S.)   1077. 


EXISTING    OBLIGATION. 

Performance   of,   as   consideration   for   new 
promise.     34  L.R.A.  33. 
New  promise  by  a  stranger  to  the  con- 
tract.    L.R.A.1917D,  1104;   L.R.A. 
1918E,  1008. 


EX  MALEFICIO. 

Trust  ex  maleficio,  see  Trusts,  §  15. 


EXORBITANT  RATES. 

Charging  one  with  exacting  excess  as  libel. 
40  L.R.A.(N.S.)    79. 


EX  PARTE  AFFIDAVIT. 

Admissibility  in  evidence  in  proceedings  to 
punish  criminal  contempt.  L.R.A, 
1917B,  119. 


EX   PARTE   JUDGMENT. 

Collateral  attack  on,  for  fraud  not  affecting 
jurisdiction.     36  L.R.A.  (N.S.)    985. 


Exhibitions  generally,  sec  Amusements, 
Physical   examination,   see   Discovery   and 
Inspection,  §  5. 

Effect    of   exhibition    of    books    of    account 
offered  in  evidence  to,  and  admissibil- 
ity  of  correctness  bv,   person  charged. 
52    L.R.A.    598. 
Of  person  to  show  resemblance.     52  L.R.A. 
502. 
Of    child    for    purpose    of    determining 
paternitv  in  bastard v  proceedings. 
L.R.A.]  91 7B,  1148. 
Begin  xvith  this  hook  on  ei^ery  law  question 


EXPECTANCY. 


§   1.  Generally. 

Rights  of  heirs  and  distributees  in  de- 
cedent's estate,  generally,  see  Descent 
AND  Distribution,   §§  '2-8. 

Garnishment  of,  see  Garnishment,  §  11a. 

Liability  to  levy,  see  Levy  and  Seizure,  §  4. 

Effect  of  quitclaim  deed  upon  after-acquired 
title.     35  L.R.A.  (N.S.)    1182. 

Tables  of  expectancy  of  life  as  evidence. 
40  L.R.A.  553. 


INDEX  TO  L.R.A.  NOTES. 


551 


EXPECTANCY— cont'd 

§   2.  Transactions     between     heir     and 
ancestor   as   to. 

Validity  of  transactions  between  an  heir 
and  his  ancestor  relating  to  the 
former's  expectancy.  32  L.R.A. 
595. 

§   3.  Conveyance  of. 

Validitv    of.     33    L.R.A.    266;     25    L.R.A. 

(N.S.)   436. 
Specific     performance    of    contract    as  .  to. 

L.R.A.1918E,  628. 
Effect  upon  sale,  assignment,  or  release  of 

expectancy   of   assignor's  predecease   of 

ancestor.    L.R.A.1917C,  267. 


EXPEXDITURES. 


Estoppel  by  permitting,  see  Estoppel,  §  25. 
By  municipality,  see  Municipal  Corpora- 
tions, §§  61-67. 


EXPENSES. 


As  element  of  damages  for  injuries  caused 
bv  damming  back  Avaters  of  stream. 
59  L.R.A.  898. 

Priority  of  claims  against  property  in  hands 
of  receiver  for.  2  L.R.A. (N.S.)  1051, 
1067. 

Requisites  of  appropriation  for  expenses  of 
officers.  16  L.R.A.  (N.S.)  631;  27 
L.R.A.(N.S.)   537;   49  L.R:A.(N.S.)   67. 

Treatment  of  operating  expenses  in  esti- 
mating the  return  of  a  public  service 
corporation  for  rate-making  purposes. 
52  L.R.A. (N.S.)    15. 


EXPERIENCE. 


Of  servant  as  factor  bearing  on  master's 
duty  of  inspection.    44  L.R.A.  57. 

Right  of  jurors  to  waive  evidence  by  appli- 
cation of  general  experience.  37  L.R.A. 
(N.S.)   803. 

Capitalization  of,  in  determining  going  con- 
cern value  in  public  service  property 
valuations.     48  L.R.A. (N.S.)    1133. 


EXPERTS. 


Expert  accountant,  see  Accountants. 
Opinions  of,  see  Evidence,  VIII. 
Fees  of,  see  Witnesses,  §  51. 
Consult  also  L.R.A.  Digests  of  Cases. 


EXPERTS— cont'd 

Stockholder's  right  to  assistance  of,  for  in- 
spection of  corporate  books.  45  L.R.A. 
449. 


EXPIRATION. 


Of    corporate    charter,    see    Corporations, 

§  132. 
Of  patent,  rights  after,  see  Patent,  §  3. 


♦  «» 


EXPLANATION. 


Parol  evidence  to  explain,  see  Evidence, 
VII.  e. 

Of  alteration  in  written  instrument.  39 
L.R.A.  (N.S.)   100. 

Conductor's  refusal  to  listen  to  passenger's 
explanation  as  to  his  contract,  as  jus- 
tification for  punitive  damages  for  pas- 
senger's expulsion.  17  L.R.A.  (N.S.) 
344. 

^«» 


EXPLOSIONS  AND  EXPLOSIVES. 


I.  In  general,   §§   1,   la. 
II.  Regulation  of  explosives,  §  2. 
III.  Injuries  from  explosions,  §§  3- 

I.  In  general. 


10. 


EXPERIMENTS. 

Admissibility  of,  see  Evidence,  §§  158,  158a. 

Treatment  of  expense  of  experiments  in  es- 
timating the  return  of  a  public  service 
corporation  for  rate-making  purpo?"s. 
52  L.R.A.(N.S.)    54.  • 


§    1.  Generally. 

As  to  blasting,  see  Blasting. 
Presumption  and  burden  of  proof  as  to  in 

jury  by,  see  Evidence,  §  64. 
Explosives  as  nuisances,  see  JN'uisances,  §  6 

Keeping  of  explosives  on  insured  premises 

L.R.A.1917C,  278. 
Action  on  contractor's  bond  for  cost  of  ex 

plosive.     43   L.R.A. (N.S.)    167;    L.R.A 

1915F,  951. 

§    la.  Lien   for  explosives. 

Mechanics'  lien  for  explosives  consumed  in 
process  of  work.  2  L.R.A.  (N.S.)  288; 
36  L.R.A. (N.S.)  866;  51  L.R.A. (N.S.) 
1040;  L.R.A.1915E,  987. 

II.  Regulation  of  explosives. 

§  2.  Generally. 

Municipal    regulation    of    explosives,    as    a 

nuisance.     38  L.R.A.  306. 
Regulating  keeping  or  storing  of  explosives. 

41  L.R.A. (N.S.)  460. 

///.  Injuries  from  explosions. 

§   3.  Generally. 

Injurv  by  explosion  of  gas,  see  Gas,  §§  11- 

14. 
Proximate  cause  of  injurv,  see  Proximate 

Cause,  §§  6,  7. 

Presumption  of  negligence   in  case  of.      15 

L.R.A.  35,  38. 
Applicability   of   rule  res   ipsa   loquitur   to 

explosion  of  bottle.    L.R.A.1916E,  1078. 


552 


INDEX  TO  L.R.A.  NOTES. 


EXPLOSIONS  AND  EXPLOSIVES,  III.— 
cont'd 

Violation  by  servant  of  rule  adopted  by  rail- 
way company  as  evidence  of  negligence 
toward  one  other  tlian  servant  in  case 
of  injuries  from  explosives.  L.R.A. 
1917C,  804. 

Violation  of  statute  or  ordinance  relating 
to  explosives  as  ground  of  private 
action.  5  L.R.A.  (N.S.)  261;  48 
L.R.A.(N.S.)    876. 

Liability  for  injury  to  business  of  other 
person  by.     64  L.R.A.  95. 

Measure  of  damages  for  destruction  of,  or 
damage  to,  building  by  explosion. 
L.R.A.1917A,  371. 

AJlowance  of  interest  on  damages  to  prop- 
erty caused  by  explosion.  18  L.R.A. 
455. 

Negligence  in  the  manufacture  and  storage 
of  explosives.     29  L.R.A.  718. 

Liability  for  injury  to  children  from  explo- 
sives left  accessible  to  them.  14  L.R.A. 
^N.S.)  586;  24  L.R.A.  (N.S.)  1257;  42 
L.R.A. (N.S.)    840;    L.R.A.1917A,   1295. 

May  intervening  act  of  child  break  causal 
connection  between  negligence  and  in- 
•   jury.     23  L.R.A. (N.S.)   249. 

Explosives  as  attractive  nuisance.  19 
L.R.A.(N.S.)    1127. 

Storage  of  explosives  as  a  nuisance.  16 
L.R.A.(N.S.)  691;  L.R.A.1915A,  615. 

Evidence  as  to  condition  prior  to  accident. 
32  L.R.A.(N.S.)   1094. 

Liability  for  injury  by  explosives  during 
shipment.     L.R.A.1916B,  725. 


§   4.  Explosion  in  street. 

Res   ipsa  loquitur   in  action   for   injury  on 

highway  by  explosion.    43  L.R.A.(N.S.) 

599. 
Liability   for   injury  caused   by   placing   or 

exploding    bombs,    etc.,     in    highways. 

3  L.R.A.(N.S.)   759. 
Municipal    liability   for    failure   to   prevent 

use  of  explosives  in  street.     23  L.R.A. 

(N.S.)    643;   42  L.R.A. (N.S.)    863. 
Liability  of  railway  company  generally  for 

personal    injury   to   one"  on   surface   of 

street    by    bursting    of    cylinder.         42 

L.R.A.(N.S.)    94. 
Liability  of  elevated   railway  company  for 

personal   injury   to   one   on   surface   of 

street   by   explosion.     42    L.R.A. (N.S.) 

93. 


By 


§   5.  Injury  to  passenger. 

Presumption  of  negligence  from  injury  to 
passenger  by.  15  L.R.A.  38;  13  L.R.A. 
(N.S.)  615;  29  L.R.A.(N.S.)  815; 
L.R.A.1916C,  377. 

§   6.  Injury  to  employee. 

In  general,  see  Master  and  Servant,  §  63. 

§   7.  —  servant's  a.ssuniption  of  risk. 
Servant's  assumption  of  risk  of  unexpected 

explosion.     19  L.Il.A.(N.S.)   360. 
§   8.  Employer's  liability  for  servant's 

negligence. 
Begin  tvith  this  book  on  every  law  question 


EXPLOSION  AND  EXPLOSIVES,  III.— 
cont'd 

Employer's  liability  for  explosion  from  gas 
escaping  through  negligence  of  in- 
dependent contractor.     65  L.R.A.  852. 

Dynamite  as  dangerous  agency  for  injury 
by  which,  wlien  used  by  servant,  master 
is  liable.  10  L.R.A.(N.S.)  372,  376, 
397. 

Powder  as  dangerous  agency  for  injury  by 
.  which,'  when  used  by  servant,  master  is 
liable.     10  L.R.A. (N.S.)   380. 

§   9.  liiability  of  insurer. 

See  Insurance,  §  156. 

§10.  Contributory  negligence. 

Of  person  injured  by  escape  and  explosion 
of  gas.  29  L.R.A.  352;  32  L.R.A. 
(N.S.)   821;  L.R.A.1915E,  1027. 

Contributory  negligence  as  defense  in  case 
of  explosion  of  oil  below  statutory 
standard.     38  L.R.A. (N.S.)    412. 


♦  ♦» 


EXPLOSIVES. 

See  Explosions  and  ExPLOsivr:s. 


EXPORTS. 


Forbidding    exportation 
Commerce,  §  13. 


from     state,     see 


EXPOSITION. 


See  Amusements. 


EX   POST   FACTO   LAWS. 

See  Constitutional  Law,  §  7. 


EXPOSURE. 


insured    to 
§§  158,  164. 


danger,    see    Insurance, 


EXPRESS    AGENT. 


Rights    of,    as    passenger.      22    L.R.A.    7!»0. 

Delivery  by  express  agent  to  addresses  and 

collection  of  price  of  intoxicating  liquor 

sent   C.O.D.    as   a    sale   thereof   by   the 

j  .agent.     2  B.R.C.  407. 

I  Authority   of   route   agent   to   contract   for 

services      of      other      persons.      L.R.A. 

1918F,   68. 


INDEX  TO  L.R.A.  NOTES. 


553 


EXPRESS   CAR. 

Passengers  riding  in,  as  contributory  negli- 
-    gence.     16  L.R.A.  631. 


EXPRESS  C03IPANIES. 

§    1.  Generally. 

As  to  common  carriers  generally,  see  Cab- 

RIERS. 

Matters  as  to  interstate  commerce,  see  Com- 
merce, §  12. 

Title  to  money  deposited  with  express  com- 
panj'  for  transmission.  L.R.A. 1918A, 
.■)34.' 

Transportation  by,  between  points  in  same 
state  over  a  route  part  of  which. is  in 
another  state,  as  interstate  commerce. 
L.R.A.1918A,  807. 

Contract  exempting  railroad  company 
from  liability  for  negligent  injuries  to 
express  messenger  on  train.  50  L.R.A. 
(N.S.)   432;  L.R.A.1917D,  648. 

Agents  of,  as  passengers.     22  L.R.A.  796. 

Dutv  as  to  delivery  and  collection  of  pack- 
"^ages.     33  L.R.A.  66. 

Right  of  foreign  company  to  enter  state. 
24  L.R.A.  313. 

Duty  of,  with  respect  to  property  awaiting 
delivery  at  destination.  14  L.R.A. 
(N.S.)    393. 

Statute  requiring  express  companies  to  make 
free  deliveries  in  certain  cities,  as  in- 
terference with  interstate  commerce. 
19  L.R.A. (N.S.)   94. 

Regulations  as  to  time  of  receiving  valu- 
ables for  transportation.  15  L.R.A. 
(N.S.)    558. 

Delivery  by  express  agent  to  addressee  and 
collection  of  price  of  intoxicating  liquor 
sent  C.  O.  D.,  as  a  sale  thereof  bv  the 
agent.     2  B.  R.  C.  467. 

Authoritj-  of  route  agent  of,  to  contract  for 
services  of  other  persons.  L.R.A.1918F, 
68. 

§   2.  Discrimination   between. 

Duty  of  carrier  to  give  equal  facilities  to. 
18  L.R.A.  393. 

Contract  for  exclusive  or  preferential  facil- 
ities on  railroads.     5  L.R.A. (N.S.)  783. 

Right  of  carrier  to  grant  exclusive  train 
privilege  to  baggage  or  passenger  trans- 
fer companies.  32  L.R.A. (N.S.)  1181; 
L.R.A.1917F,  1085. 

§   3.  Taxation  of. 

Taxation  of  receipts  of.     57  L.R.A.  64. 
Taxation   of:    effect  of  commerce  clause  of 
Federal  Constitution.     60  L.R.A.  687. 


EXPRESSMEX. 


As  fellow  servants.     50  L.R.A.  456. 
Liability  of  landlord  o*f  office  building  for' 

injury   to.      L.RA.imOF.    1120. 
Consnlt  also  L.R.A.  Digests  of  Cases. 


EXPRESS  MESSENGER. 

Contract  exempting  railroad  company  from 
liability  for  negligent  injury  to  ex- 
press messenger'.  11  L.R.A.  (N.S.)  432; 
50  L.R.A.(N.S.)  432;  L.R.A.1917D, 
648. 


EXPRESS  TRUSTS. 

See  Trusts,  §§  4-10. 


EXPULSION. 


Of  passenger,  see  Carriers,  §§  30-85;  Dam- 
ages, §  45. 

Of  member  of  benefit  society,  see  Benevo- 
lent Societies,'  §  3a;  Insurance, 
,§  105. 

From  religious  society,  see  Religious  So- 
cieties, §  13. 

Of  pupil,  see  Schools,  §§  9-11. 

Conclusiveness  of  decision  of  tribunal  of 
association  or  corporation  as  to  ex- 
pulsion of  member.     49  L.R.A.  353. 


EXTENDED   INSURANCE. 

See  Insurance,  §  58. 


EXTENSION. 


§    1.  Generally. 

Of  city  boundaries,  see  Municipal  Corpo- 
rations, §§  11,  12. 

Of  lien  of  mortgage  before  renewal  of  se- 
cured debt.     55  L.R.A.  673. 

§   2.  Of  time. 

For  payment  of  negotiable  paper  generally, 
see  Bills  and  Notes,  §§  56,  57. 

For  issuing  execution,  see  Execution,  §  6. 

Of  lien  of  mortgage,  see  Mortgage,  §  55. 

To  file  mechanics'  lien,  see  Mechanics' 
Liens,  §  29. 

Release  of  surety  by,  see  Principal  and 
Surety,  §§  15,  16. 

Of  time  to  remove  timber,  see  Timber,  §  5. 

To  remove  standing  timber  conveyed  with- 
out conveving  title  to  the  land.  '  55 
L.R.A.  530;  "34  L.R.A. (N.S.)    615. 

For  payment  of  assessment  as  effecting 
waiver  by  officer  of  subordinate  lodge 
of  forfeiture  for  nonpavment.  38  L.R.A. 
(N.S.)    575. 

Effect  on  negotiability  of  note  of  provision 
permitting.  16  L.R.A. (N.S.)  878;  33 
L.R.A.(N.S.)  738;  49  L.R.A. (N.S.)  132. 

By  one  taking  bill  or  note  as  collateral  se- 
curity as  giving  him  character  of  bona 
fide  holder.     31  L.R.A. (N.S.)    298. 


634 


INDEX  TO  L.R,A.  NOTES. 


EXTENSION— cont'd 

As  additional  consideration  for  mortgage 
given  as  security  for  pre-existing  debt. 
33  L.R.A.(N.S.)   61. 

Validity  of  payment  of  insurance  premium 
or  assessment  during  period  of  exten- 
sion agreed  on,  but  after  death  of  in- 
sured.    2  B.  R.  C.  191. 

Power  of  judge  pro  tern  to  extend  time  given 
for  preparing  or  filing  bill  of  excep- 
tions or  case  made.  42  L.R.A.  (N.S.) 
623. 


EXTENT. 

First  and  last  days  in  computing  time  for 
recording.     49  L.R.A.  243. 


externaij,   violent,   and   Adci- 

DENTAL  MEANS. 

Death  of  insured  by,  see  Insurance,  §  165. 
♦♦»         '    ■ 

EXTINGUISHMENT. 

Of  contract,  see  Contkacts,  VI. 

Of  easement,  see  Easements,  §§  25-28. 


EXTORTION. 


§    1.  Generally. 

Indictment  for,  see  Indictment,  Infobma- 
TioN,  and  Complaint,  §  18. 

Charge  of  blackmailing  or  extortion  as  ac- 
tionable per  se.     6  B.  R.  C.  481. 

Efforts  to  collect  debt  as  extortion.  18 
L.R.A.(N.S.)  77;  L.R.A.1915B,  1140. 

Liability  of  officer  who  uses  criminal  process 
to  collect  a  debt.     24  L.R.A. (N.S.)  301. 

Instigation  to  offense  of,  as  a  defense  to 
prosecution.     30  L.R.A. (N.S.)   953. 

Extortion  as  affected  by  right,  or  belief  in 
right,  to  property  sought  to  be  se- 
cured.    40  L.R.A. (N.S.)    801. 

§   2.  By  threats. 

Threat  to  injure  business  unless  money  is 

paid  as  crime  of  extortion.     15  L.R.A. 

(N.S.)   718. 
As  affected  by  right,  or  belief  in  right,  to 

property    sought    to    be    secured.     40 

L.R.A.(N.S.)    801. 


EXTRA    COMPENSATION. 

To  servant,  for  extra  work,  see  Master  and 

Servant,  §  27. 
To  witness,  see  Witnesses,  §§  50,  51. 
Itegin  with  this  hooh'  on  everu  law  question 


EXTRADITION. 


/.  In  general,   §§   1-4. 
H.  Procedure;  review,  §§ 

I.  In  general. 


5-7. 


§    1.  Generally. 

Arrest  in  extradition  proceedings,  see  Ar- 
rest, §  10. 

Indictment  in  extradition  proceedings,  see 
Indictment,  Information,  and  Com- 
plaint, §  2. 

From  state  to  state  in  case  of  criminal 
libel.     49  L.R.A. (N.S.)    942. 

May  a  state  which  has  extradited  a  person 
from  another  state  or  country  surren- 
der him  to  a  third  state  or  coimtry. 
i>.R.A.1916C,    1259. 

Abduction  or  wrongful  bringing  of  criminal 
into  jurisdiction  as  a  defense  to  pros- 
ecution.   15  L.R.A.  177. 

Nonliability  of  consul  for  procuring  arrest 
of  fugitive  from  justice.  45  L.R.A. 
588. 

Insanity  as  a  ground  for  refusing  extradi- 
tion.    46  L.R.A. (N.S.)   397. 

Extradition  of  person  who  is  under  confine- 
ment in  asylum  state.  24  L.R.A. (N.S.) 
799. 

§  2.  Who  are  fugitives. 

General  rule.     51  L.R.A. (N.S.)   668. 

Must   have   been    in   demanding   state.      28 

L.R.A.  289;  51  L.R.A.(N.S.)    669. 
No  constructive  presence.     28  L.R.A.   289 

51  L.R.A.(N.S.)   670. 
Setting  crime   in  motion.     28   L.R.A.   289 

51  L.R.A.  (N.S.)    670. 
The  purpose  of  the  flight.     28  L.R.A.  289 

51  L.R.A.  (N.S.)   671. 
Prisoner  in  custody.     51  L.R.A. (N.S.)   672 

L.R.A.1918D,  680. 
Prisoner    under    parole.      51    L.R.A. (N.S.) 

672;    L.R.A.1918D,   680. 

§  3.  Right  to  detain  fugitives  until 
arrival  of  papers. 

Generally.     26  L.R.A.  33. 

Arrest  without  warrant. 

International  extradition. 

The  English  decisions.     26  L,R.A.  34 

Surrender.    26  L.R.A.  34. 


26  L.R.A.  34. 
26  L.R.A.  34. 


§   4.  Trial  on  amended  charge. 

Right  to  try  prisoner  extradited  from  sister 

state    for    crime    other    than    that    for 

which  he  was  surrendered.     14  L.R.A. 

128;    19   L.R.A.   206;    47   L.R.A. (N.S.) 

807. 

Effect  upon  prisoner's  rights  of  necessity  of 

amendment  of  charge  upon  which 

he  was  extradited.     25  L.R.A.  593. 

II.  Procedure;  review. 

§   5.  Generally. 

Service  of  process  on   fugitive   in   custody. 
46  L.R.A.  711. 


INDEX  TO  L.R.A.  NOTES. 


656 


EXTRADITION,  II.— cont'd. 

Right  of  court  of  asylum  state  to  examine, 
in  interstate  extradition  proceedings, 
sufficiency  of  papers  charging  the  of- 
fense for  wliich  the  return  of  the  fugi- 
tive is  demanded.  11  L.R.A.(N.S.) 
424. 

§  6.  Papers  necessary  to  obtain  sur- 
render of  fugitives  from  another 
state. 

Generally.     28  L.R.A.  801. 
Requirements  of  state  statutes. 

802. 
The  requisition.     1  L.R.A.  372: 

803. 
The  indictment.     28  L.R.A.  803. 
The  affidavit.    28  L.R.A.  803. 
Sufficiency  of  complaint  or  information. 

L.R.A.  804;   25  L.R.A.  (N.S.)   60. 
The  authentication.     28  L.R.A.  804. 
Necessity  of  warrant.     28  L.R.A.  804. 
The  criminal  charge.    28  L.R.A.  806. 
Proof  of  flight.     28  L.R.A.  805. 
Right  to  look   behind   papers,   or   to 

other    requirements.      28    L.R.A. 
Effect    of    governor's    representations 

L.R.A.  805. 


28  L.R.A. 
28  L.R.A. 


28 


make 

805. 
28 


§   7.  Review  of  proceedings. 

By  habeas  corpus,  see  Habeas  Cokpus,  §  5. 

Right  to  be  heard  upon  the  merits  of  the 
charge  against  accused.  21  L.R.A. 
(N.S.)    939. 


EXTRA  FARE. 

See  Carriebs,  §  24. 


EXTRAHAZARDOUS    EMPIyOYMENT. 

What  constitutes,  within  meaning  of  Work- 
men's Compensation  Acts.  L.R.A. 
1918F,  230. 


EXTRANEOUS  AGREEMENT. 

That  mortgagor  of  merchandise  shall  have 
possession  with  power  of  sale.  18 
L.R.A.  604. 


EXTRANEOUS   PAPER. 

Effect  of  party's  ignorance  of  contents  of, 
on  attempt  to  incorporate  it  into  con- 
tract by  reference.     70  L.R.A.  106. 


EXTRAORDINARY  CASH  DIVIDEND. 

Right  to,  as  between  life  tenant  and  re- 
mainderman. 12  L.R.A. (N.S.)  785;  35 
L.r.A.(N.S.)  566;  50  L.R.A.  (N.S.) 
514;  L.R.A.1916D,  214. 

Consult  also  L.R.A.  Digests  of  Cases. 


EXTRAORDINARY  FLOODS. 

Liability  of  one  damming  back  water  of 
stream  for  injury  by.    59  L.R.A.  876. 

Extraordinary  floods  which  one  obstructing 
water  course  need  not  anticipate.  6 
L.R.A.(N.S.)   252. 


EXTRAORDINARY  REMEDIES. 

Release  of  indorser  of  note  by  failure  to 
extraordinary  remedies  against  maker. 
18  L.R.A.(N.S.)   550. 


EXTRAORDINARY  RISKS. 

Master's  duty  to  instruct  servant  as  to.    44 
L.R.A.  44. 


EXTRAORDINARY  SERVICES. 

Rights  of  seamen  to  salvage  for.  64  L.R.A. 
193. 

Right  of  officer,  director,  or  stockholder,  in 
absence  of  special  contract,  to  compen- 
sation for.     L.R.A.1917F,  310. 


EXTRAS. 

Effect  of,  to  extend  time  for  filing  mechan- 
ics' lien.     35  L.R.A.  (N.S.)  908. 

♦  •» 


EXTRA   SESSION. 

Of  legislature.    15  L.R.A.  847. 

■♦♦» 

EXTRATERRITORIAL  EFFECT. 

Of  divorce  decree,  see  Divorce  and  Sei'aba- 

TION,    §    10. 

Of  judgment  generally,  see  Judgment,  V. 


EXTRA  TRANSPORTATION. 

Carrier's  charges  based  upon  extra  trans- 
portation of  goods  rendered  necessary 
bv  carrier's  own  fault  or  mistake. 
L.R.A.1917D,   920. 


EXTRAVAGANCE. 


Rebuttal  of  husband's  liability  for  neces- 
saries purchased  by  wife  by  proof  of 
extravagance  of  purchases.  65  L.R.A. 
547. 


656 


INDEX  TO  L.R.A.  NOTES. 


KXTRA   WORK. 

Recovery    for,    generally,    see    Contbacts, 
§§  122,  134. 

Servant's  right  to  recover  for.     30  L.R.A. 
(N.S.)    652. 


EXTRINSIC  AGREEMENT. 

Reference  to,  as  affecting  negotiability  of 
bill  or  note.  30  L.R.A. (N.S.)  40; 
L.R.A.1918B,  639. 


EXTRINSIC  DOCUMENTS. 

Incorporation  of,  into  will,  see  Wii-LS,  §  8. 

Eflfect  of  reference  to,  to  control  or  modify 
character  of  estate  .that  would  other- 
wise pass.     8  L.R.A. (N.S.)    1039. 


EXTRINSIC    EVIDENCE. 

See  Evidence,  VII. 


EYESIGHT. 


Impairment  of,  as  element  of  damages  for 
negligent  injury.     48  L.R.A.  (N.S.)    98. 

Unknown  bad  eyesight  of  juror  as  ground 
for  new  trial.    50  L.R.A. (N.S.)  977. 

Loss  of  eyesight  of  attesting  witness  pre- 
venting his  identification  of  will  or 
signature.     L.R.A. 1915E,   593. 

Care  required  from  one  of  defective  siglit 
in  using  street.  14  L.R.A. (N.S.)  648; 
39  L.R.A.  (N.S)    1055. 

Right  to  show  nearsightedness  on  issue  of 
contributory  negligence  without  alle- 
gation thereof.     L.R.A.1917D,  558. 


EYEWITNESS. 


Provision  in  insurance  policy  requiring 
fact  or  circumstances  of  loss  to  be  es- 
tablished by  eyewitness.  L.R.A.1918f, 
420. 


FABRICS. 

Sufficiency   of  delivery  of,   on   sale  out   of 
larger  lot.     26  L.R.A.  (N.S.)    42. 


FABRICATION  IN  TRANSIT. 

See  Tbansit  Privileges, 


FACILITATING  CRIME. 

Responsibility  for,  see  Cbiminal  Law,  §  19. 


FACILITY  OF  PAYMENT. 

Clause'  as  to,  in  insurance  policy,  see  In- 
surance, §  194. 


FACTIONS. 


Injunctive   relief   in   case   of   factional 
turbance     in     religious     societies. 

L.R.A.(N,S,)  872, 


dis- 
3 


FACTORIES. 


§   1.  Generally. 

Occupancy  as  incident  to  contracts  for 
eratiian  of.    4  L.R.A.  (  N.S.)   703. 

Character  of  occupancv  of  employees  in 
L.R.A.  (N.S.)    715: 

Begin  with  this  hooh-  on  every  law 


op- 


FACTORIES— cont'd 

Power  of  municipal  corporation  to  prohibit. 
41  L.R,A,(N,S,)  177, 

§   2.  Injury  to  employees  in. 

What  is,  within  meaning  of  workmen's 
compensation  act.  L.R.A.1916A,  200; 
L.R.A.]917D,  156. 

Private  action  for  violation  of  factorv  law. 
9  L.R.A.(N.S.)   376;   L.R.A.1915E,  547. 

Master's  right  to  rely  on  the  inspection  of, 
by  public  authorities.  15  L.R.A. (N.S.) 
812. 

Employment  in  violation  of  statute  as  sus- 
taining child's  action  for  negligence. 
1  B.  R.  C.  629. 

Servants  in,  as  fellow  servants.  50  L.R,A. 
436,  439,  461. 

Supervising  employees  in,  as  vice  princi- 
pals.    51  L.R.A.  534,  581. 


FACTORS. 


§   1.  Generally. 

Construction  of  contract  having  some  pro- 
visions peculiar  to  consignment  and 
agency  contracts  and  others  to  sale 
contracts.    L.R.A.1917B,  626. 

Stated  accounts  of.     27  L.R.A.  821. 

Set-off  in  case  of  bankruptcy.  55  L.R.A. 
44,  51,   60. 

Who  must  bear  loss  where  merchandise 
broker  receives  purchase  price  and  fails 
to  pay  over  same  to  seller.  8  L.R.A. 
(N.S.)   474. 

Authority  of  consignee  of  ship  to  contract 
for   services   of   other   persons.     L.R.A. 
1918F,  18. 
question. 


INDEX  TO  L.R.A.  NOTES. 


557 


FACTORS— cont'd 

Effect  of  fact  that  one  is  entitled  to  com- 
missions out  of  fund  on  his  prosecu- 
tion for  embezzlement  for  retaining 
entire  fund.     13  L.K.A.(N.S.)    511. 

Consignments  by  foreign  corporation  to.  as 
doing  business  within  state.  18  L.R.A. 
(N.S.)    138. 

Liability  of  factor  to  true  owner  for  sell- 
ing or  disposing  of  property  intrusted 
to  him  by  his  principal.  50  L.R.A. 
(N.S.)  55. 

Liability  of  del  credere  agent  for  nonper- 
formance of  contract  by  buyer.  6 
B.  R.  C.  943. 

§   2.  Title  to  goods  consigned. 

Reservation  of  title  in  bailments  for  sale, 
as  against  creditors  of  bailor  and 
bailee.     22   L.R.A.   850. 

Right  of  factor  to  whom  goods  are  con- 
signed to  maintain  action  against 
carrier.  26  L.R.A.  (N.S.)  437;  36 
L.R.A. (N.S.)   72. 

When  title  passes  under  consignment  of 
goods  for  sale,  with  provision  in  effect 
that  consignee  purchase  balance  of  con- 
signment.     39   L.R.A.  (N.S.)    620. 

g   3.  Advances  by. 

To  what  extent  advances  by  a  factor  create 
a  debt  against  the  principal.  5  L.R.A. 
(N.S.)  1147. 

Right  of  customer  who  has  advanced  pur- 
chase money  to  factor  to  preference  in 
case  of  insolvency  before  making  of 
purchase.     42   L.R.A. (N.S.)    95. 

♦-•-• 


FAIR  TRIAL. 

Right   of  accused   to,   see   Criminal  Law, 
§  44. 


FACTS. 

Review  of,  on  appeal,  see  Appeal  and 
Error,  §§  31-34. 

Misstatement  of  facts,  or  statement  of 
facts  not  in  evidence,  by  counsel  in  ar- 
gument to  jury  as  ground  for  reversal. 
L.R.A.1!)18D,  4. 

Effect  of  stating  the  facts  upon  which  a 
libelous  or  slanderous  charge  is  made 
to  limit  the  ordinary  meaning  of  the 
words    used.      L.R.A.1918F,    152. 


FAILURE    OF   CONSIDERATION, 

As   defense   to  action   on  a  purchase   price 

note,  see  Bills  and  Notes,  §  66. 
In  general,  see  Contracts,  §  15. 


FAIR. 

In  general,  see  Amusements. 

Liability  for  loss  of  property  on  exhibi- 
tion under  special  terms  of  contract 
for  its  care  or  return.  L.R.A. 1915B, 
305. 


♦  •» 


FAIR  COMMENT. 

See  Libel  and   Slander. 

Consult  also  L.R.A.  Digests  of  Cases. 


FAITH   CURE. 


Application  of  statute  regulating  practice 
of  medicine.  24  L.R.A. (N.S.)  103; 
L.R.A.1917C,  827. 


FAKE  BET. 


Illegal  intent  of  prosecutor  as  affecting 
guilt  of  obtaining  property  by  means 
of.     17  L.R.A. (N.S.)   276. 


FAKE  RACE. 


Relief  to  party  defrauded  by,  although  he 
went  into  the  scheme  with  intent  to 
defraud    others.      5    L.R.A. (N.S.)    906. 

Illegal  intent  of  prosecutor  as  affecting 
guilt  of  obtaining  property  by  means 
of.     17    L.R.A.(N.S.)    276. 


FALL. 

Of  buildings,  see  Falling  Buildings. 
Falling  objects  generally,  see  Falling  Ob- 
jects. 


FALLEN  TIMBER. 


Life  tenant's  rights  as  to.    37  L.R.A.{N.S.) 
767. 


FALLEN    WIRES. 


See  Electricity,  III. 


FALLING  BUILDINGS. 

Individual  liability  for  injury  by,  see 
Buildings,  §  1*0. 

Fall  of  building  clause  in  fire  insurance  pol- 
icies. 32  L.R.A.  (N.S.)  604;  L.R.A. 
1917F,  1064. 


FALLING  OBJECTS. 

§    1.  Liability  for  injury  by. 

Liability  for  injury  by  falling  building,  see 
Buildings,  §  10. 


558 


INDEX  TO  L.R.A.  NOTES. 


FALLING  OBJECTS— cont'd 

Injury  to  person  in  street,  see  Highways, 

§§   68,   83,   88. 
See  also  Missile. 

Permitting  articles  to  roll  down  hillside 
or  decline.     L.R.A.1915B,  426. 

Liability  for  injuries  from  matter  precipi- 
*  tated   on   adjoining   property.      36 
L.K.A.(N.S.)   1171. 

Liability  of  occupant  of  building  for  in- 
jury caused  by  article  falling  or  thrown 
from  window  or  other  opening.  14 
L.R.A.(N.S.)   426. 

Individual  liability  for  falling  walls.  34 
L.R.A.  557. 

Liability  of  landowner  for  fall  of  wall  or 
building  left  standing  after  fire.  L.R.A. 
1915C,  704. 

Liability  of  railroad  company  for  personal 
injuries  to  persons  on  highway  or  ad- 
joining property  by  objects  falling 
from  train.     31  L.R.A.  (N.S.)   981. 

Liability  of  elevated  railway  company  for 
personal  injury  to  one  on  surface  of 
street  by  fall  of  iron,  wood,  etc.  42 
L.R.A.  (N.S.)    94. 

Liability  of  one  maintaining  place  of  amuse- 
ment for  injury  by.  42  L.R.A. (N.S.) 
1072;    L.R.A.1915F,  690. 

Landlord's  liability  to  third  persons  for  in- 
jury by.  26  L.R.A.  200;  50  L.R.A. 
(N.S.)   312. 

Liability  of  storekeeper  to  customer  for 
injury  by.     21  L.R.A.  (N.S.)    463. 

Contributory  negligence  of  child  injured  by. 
L.R.A.1917F,   106. 
Injury    by    object    falling    from   train. 
L.R.A.1917F,  150. 

Admissibility  of  evidence  of  condition  be- 
fore and  after  accident.  32  L.R.A.  (N. 
S.)   1097. 

§,2.  —injury  to  passenger. 

Presumption  of  negligence  from  injury  to 
passenger  by.  15  L.R.A.  38;  13  L.R.A. 
(N.S.)    616;   L.R.A.1916C,  377. 

Injury  by  article  falling  from  passing  train. 
44  L.R.A. (N.S.)    148. 


§  3.  —injury  to  employee. 

Applicability  of  res  ipsa  loquitur  in  case 
of  injury  to  servant  by  fall  of  object. 
L.R.A.1917E,  201., 

Master's  liability  for  vice  principal's  negli- 
gence in  causing  or  allowing  heavy  ob- 
jects to  fall.     54  L.R.A.  132. 

Nondelegability  of  duty  to  protect  servant 
from  injury  by.     54  L.R.A.  78. 

Delegability  of  master's  duty  to  warn  serv- 
ants as  to  danger  from.  26  L.R.A.  (N. 
S.)  645. 

Servant's  assumption  of  risk  of  danger  of 
falling  of  piles  or  stacks  of  material. 
47   L.R.A. (N.S.)    266. 

Duty  of  master  to  protect  servant  from 
material  rolling  down  hillside.  46 
L.R.A.(N.S.)    629. 


FALLING  OBJECTS— cont'd 

§  4.  —contributory  negligence  of  em- 
ployee. 

Notwithstanding  master's  promise  of  pro- 
tection.    29  L.R.A.(N.S.)   602. 


FALSE  ASSUMPTION. 

Of  authority  in  signing  another's  name  as 
agent  for  him  as  forgery.  31  L.R.A. 
831. 

♦*-♦ 

FALSE  CHARACTER. 

Liability  for  giving  or  procuring  a  false 
character  of  a  servant.  4  L.R. A.  ( N.S. ) 
1126. 

— ♦-*♦ ■ 


FALSEHOOD. 

Libel  or  slander  by  charge  of,  against  public 
officer  or  candidate.     L.R.A.1918E,  40. 


Begin  with  this  hook  on  every  law  question. 


FALSE   IMPRISONMENT. 

I.  In  general,   §   1. 
II.  Who  liable,  §§  2-8. 
III.  Evidence;  damages,   §§   9,   10. 

I.  In  general. 

§   1.  Generally. 

As  to  legality  of  arrest  generally,  see  Aa- 

EEST. 

Measure  of  recovery  for,  see  Damages,  §  53. 
As  to  malicious  prosecution,  see  Malicious 
Pbosecution. 

Right  of  action  for,  as  asset  in  bankruptcy. 
43  L.R.A.(N.S.)   942. 

Survival  of  cause  of  action  and  abatement 
and  revival  of  action  for  false  impris- 
onment upon  death  of  party.  52 
L.R.A.  (N.S.)    1215. 

Arrest  upon  suspicion  of  insanity.  L.R.A. 
1916C,  230. 

Lack  of  jurisdiction,  or  of  legal  grounds  of 
criminal  prosecution,  as  aifecting  the 
liability  for  false  imprisonment  of  a 
complainant  who  acts  in  good  faitli. 
18  L.R.A.  356. 

Abandonment  of  suit  before  entry  as  affect- 
ing justification  under  writ  in  defense 
of  action  for  false  imprisonment.  4 
L.R.A.(N.S.)   451. 

Plea  of  guilty  as  affecting  action  for.  20 
L.R.A. (N.S.)   295. 

Words  as  effecting  false  imprisonment, 
where  plaintiff  did  not  accompany  the 
person  using  them.  7  -L.R.A. (N.S.) 
576. 

May  false  imprisonment  be  predicated  of  a 
partial  or  conditional  restraint.  20 
L.R.A. (N.S.)   968. 

Detention  of  one  as  witness  as  false  im- 
prisonment.   39  L.R.A. (N.S.)  503. 


INDEX  TO  L.R.A.  NOTKS. 


55!) 


FALSE  IMPRISONMENT— cont'd 
U.  Who  liable. 

§   2,  Generally. 

Liability  of  carrier,  see  Cakriers,  §  15,  15a. 

Liability  for  assisting  in  unlawful  arrest 
or  subsequent  detention.  14  L.R.A. 
(X.S.)   1123. 

Right  of  private  persons  to  make  or  cause 
arrest  without  warrant.  7  B.  R.  C. 
679. 

Liability  of  private  complainant  or  informer 
for  •  an  arrest  bv  an  officer  without  a 
warrant.     L.R.A*1915E,  883. 

Liability  of  principal  for  false  arrest  or 
false  imprisonment  by  agent  author- 
ized to  collect  a  debt.  51  L.R.A. (N.S.) 
471. 

§   3.  Master. 

See  Master  and  Servant,  §  173. 

§   4.  Partner. 

Liability  of  partner  for  act  of  copartner. 
3    L.R.A.  (N.S.)    221. 

§    5.   Municipality. 

See  MuxiciPAL  Corporations,  §  79. 

§    6.  Officer. 

Liabilitv  of  an  officer  making  arrest.  51 
L.R.A.  193;  42  L.R.A.  (N.S.)  69;  L.R.A. 
1915B,   505. 

Liability  of  officer  for  arresting  wrong  per- 
son bearing  rtfeme  appearing  in  war- 
rant.    7   L.R.A. (N.S.)    268. 

Liability  of  sheriff,  marshal,  or  constable, 
for  his  deputy's  tort  in  making  arrpst. 
12  L.R.A.(N.S.)  1019;  L.R.A.1915E, 
172. 

Liability  of  officer  who  uses  criminal  proc- 
ess to  collect  a  debt.  24  L.R.A. (N.S.) 
301. 

§    7.  — judicial  officer. 

Liability  of  judicial  officer  for  issuing  war- 
rant of  arrest.  14  L.R.A.  142;  44 
L.R.A.  (N.S.)    172. 

Liability  of  justice  of  the  peace  to  action 
for,  on  commitment  of  witness  for  con- 
tempt.    1  L.R.A.  (N.S.)    1143. 

Liability  of  magistrate  for  failing  to  have 
prisoner  brought  before  him.  L.R.A. 
1917F,  429. 

§   7a.  —prosecuting  officer. 

Liability  of  prosecuting  officer  for  false  ar- 
rest or  imprisonment.  L.R.A. 1916F, 
403. 

§   8.  —  liability  on  bond. 

Liability  on  official  bond.     51  L.R.A.  222. 
Liabilitv  of  sureties  on  bond  of  officer  for 
an 'illegal  arrest.    33  L.R.A.  (N.S.)  275. 

///.  Evidence;   damages. 

§   9.  Evidence. 

Evidence   of    character    in    action    for.      14 

L.R.A.(N.S.)   755. 
Consult  also  L.R.A.  Digests  of  Cases. 


FALSE   LAIPRISONIMENT,   III.— cont'd 
Burden  of  proof  as  to  authority  for  arrest 
in    action    for.      10    L.R.A.  (N.S.)    303. 

§    10.  Damages. 

Inadequacy  of  damages  as  ground  for  set- 
ting aside  verdict.     47  L.R.A.  43. 

Release  upon  defendant's  own  recognizance 
or  on  bail  as  affecting  damages  recov- 
erable in  action  for.  22  L.R.A. (N.S. ) 
1196. 

Condition  of  place  of  imprisonment  and 
treatment  while  in  custody  as  ele- 
ments of  damages  in  action  of  mali- 
cious prosecution  or  false  imprison- 
ment.    33  L.R.A.  (N.S.)    291. 

Probable  cause  of  suspicion  as  mitigating 
damages  for  false  imprisonment.  45 
L.R.A.(N.S.)  64. 

Condition  of  place  of  imprisonment  and 
treatment  while  in  custody  as  element 
of  damages.     L.R.A.1915D,  622. 


FALSE   INSTRUMENTS. 

Making  of  false  instruments  as  violation  of 
criminal  statute  against  "false  making" 
of  an  instrument.    5  L.R.A. (N.S.)  375. 


■♦♦♦ 


FALSE   OPINION. 

As  a  fraud.     35  L.R.A.  425. 

*—^ 


FALSE  PRETENSES. 

§   1.  Generally. 

Indictment  for,  see  Indictment,  etc.,  §  39. 

Criminal  liability  of  infant  for.     36  L.R.A. 

203. 
Obtaining  dog  by.     40  L.R.A..514. 
Instigation  or  consent  to.     25  L.R.A.  345; 

51  L.R.A.(N.S.)   829. 
Corpus  delicti  in.     19  L.R.A.(N.S.)   443. 
Cruel  and  unusual  punishment  of  crime  of. 

35  L.R.A.  571. 
Necessity  and   sufficiency   of   description   of 

offense  in  bail  bond  or  recognizance.    38 

L.R.A.(N.S.)    316, 

§  2.  What  constitutes;  elements  of 
offense. 

Promise  of  marriage.     L.R.A. 1917E.  808. 

Misrepresenting  the  quality,  condition,  or 
status  of  the  subject  of  a  sale  or 
trade.     49  L.R.A. (N.S.)  574*. 

Necessity  of  actual  deception  of  the  person 
from  whom  money  or  property  is  ob- 
tained where  such  person  is  not  the 
owner,  but  an  agent  or  officer  of  the 
owner,  of  the  property.  11  L.R.A. 
(N.S.)   938. 

Reliance  on  false  pretenses  as  an  element 
of  the  offense.     6  L.R.A. (N.S.)    365. 


560 


INDEX  TO  L.R.A.  NOTES. 


FALSE  PRETENSES— cont'd 

Illegal  intent  of  prosecutor  as  affecting 
guilt.  17  L.R.A.(N.S.)  276;  39  L.R.A. 
(N.S.)   423. 

Offense  as  affected  by  tiie  absurdity  or  im- 
probability of  representations,  or  by 
tile  prosecutor's  failure  to  investigate 
the  same.  6  L.R.A.(N.S.)  369;  L.K.A. 
191 6C,  1104. 

Effect  of  coupling  future  promise  with  false 
pretenses.     7  L.R.A. (N.S.)   278. 

Mere  drawing  of  ciieck  on  a  bank  in  which 
the  drawer  has  no  funds  or  credit,  and 
passing  the  same.  17  L.R.A. (N.S.) 
244;  27  L.R.A.(N.S.)  1032;  52  L.R.A. 
(N.S.)   919. 

Obtaining  property  by  chock  with  intent  to 
.     stop  payment.     41  L.R.A. (N.S.)    170. 

Giving  post-dated  clieck  as  false  pretense. 
41  L.R.A.  (N.S.)    173. 

Effecting  a  sale  of  property  through  false 
representation  of  value.  14  L.R.A. 
(N.S.)   1197. 

Infant  inducing  another  to  enter  into  con- 
tract with  him  by  representing  that  he 
is  of  age.     24  L.R.A.(N.S.)    1101. 

Obtaining  money  as  a  charity  by  false  repre- 
sentations.    24  L.R.A. (N.S.)    575. 

Purpose  of  applying  property  on  debt  as  af- 
fecting larceny  or  substantive  offense 
of  obtaining  property  bv  false  pre- 
tenses.    32  L.R.A. (N.S.)   420. 

Necessity  of  making  the  false  pretenses  to 
the  difrauded  party  or  of  intend- 
ing to  defraud  a  particular  person. 
L.R.A.1916D,  270. 

Committing  forgery  as  affecting  the  offense 
of  obtaining  money  or  goods  by  false 
pretenses  or  confidence  game.  L.R.A. 
1918F,  242. 

§   3.  Evidence;  witnesses. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  222,  240,  323;  43  L.R.A. 
(N.S.)  667. 

Competency  of  prosecuting  witness  to  testi- 
fy that  lie  was  induced  to  part  with 
his  property  by  defendant's  statements. 
34  L.R.A.  (N.S.)   642. 

Admissibility  of  statements  or  communica- 
tions between  the  prosecutor  and  a 
third  person,    L.R.A.1915B,  1125. 

§   4.  Venue. 

Venue  of  offense  of  obtaining  property  by. 
49  X.R.A.(N.S.)    834. 


FALSE  RECORDS. 

Power  of  equity  to  cancel.     14  L.R.A. (N.S.) 
304. 


FALSE  REPRESENTATIONS. 

See  False  Pretenses;  Fbaud  and  Deceit; 
Insurance,  V.  h. 


FALSE   RETURN. 

Recognition  of  return  or  of  decree  rendered 
tiiereon  as  affecting  liability  for  mak- 
ing.   38  L.R.A. (N.S.)   292. 

♦-•-♦ ■ 


FALSE    STATEMENT. 

As     to     property     or     business,     injunction 

against.     16  L.R.A.  243. 
Character   of   false   statement   by   bankrupt 

which    will    prevent    a    discharge.      20 

L.R.A.(N.S.)    1023. 


FALSE   SWEARING. 

In  general,  see  Pekjijby. 

Effect  of  false  swearing  in  proofs  of  loss. 
32  L.R.A.(N.S.)   453. 


FALSE  TESTIMONY. 

See  Pebjuet. 


FALSI1Y. 

Is  evidence  of  falsity  of  alleged  statement 
.  admissible   in   criminal  case  to   corrob- 
orate or  disprove  fact  that  the   state- 
ment was  made.     10  L.R.A. (N.S.)   335. 


Begin  with  this  booTc  on  evei'y  latv  question. 


FAMILY. 

Head  of,  see  Homestead,  §§  3,  4. 

What  constitutes  a  "family"  under  home- 
stead and  exemption  laws.  4  L.R.A. 
(N.S.)    365;   L.R.A.1917C,  361. 

Who  is  a  member  of  the  "family"  within 
contract  of  benefit  society.  3  L.R.A. 
(N.S.)    334. 

Using  lunatic's  property  to  carry  out  his 
presumed  wishes  or  fulfil  his  obliga- 
tions to  support.     34  L.R.A.  297. 

Homicide  in  defense  of.  67  L.R.A,  546;  45 
L.R.A.(N.S.)    145. 

Right  of  one  member  of,  to  maintain  ac- 
tion for  libel  or  slander  based  on  char- 
ges against  family.  23  L.R.A. (N.S,) 
731. 

Entries  in  family  Bible  or  other  religious 
book  as  evidence.     41   L.R,A.  449. 

Expression  of  intention  to  make  provisions 
for  family  upon  estate  taken  by  bene- 
ficiaries of  trust,  in  absence  of  an  ex- 
press definition  thereof.  17  L.R.A. 
(N.S.)    1215. 


INDEX  TO  L.R.A.  NOTES. 
FAMILY  ARRANGEMENT.  FARMER. 

Grantee's  oi'al  promise  to  grantor  to  hold  in    As  to  croppers,  see  Cropi'ebS, 


661 


trust  as  giving  rise  to  constructive 
trust,  wliere  conveyance  was  in  nature 
of    family     arrangement.       39     L.R.A. 

(N.S.)   917. 


FAMILY  BIBLE. 


Admissibility  of  entries  in,  in  evidence,  see 
Evidence,  §  145. 


FAMILY   EXPENSES. 

Wife's  liability  for,  see  Husband  axd  Wife, 
§  22. 


FAMILY  HISTORY. 

Statements    bv    insured    respecting    family 
history.     L.R.A.igiTC,   866. 


FAMILY    NECESSARIES. 

Liability  of  husband  for,  see  Husband  and 
Wife,  §§  7,  8. 


In  general,  see  Agricultl  ke. 


FARMING  CONTRACTS. 

Effect  of  statute  of  frauds  on  parol  contracts 
relating  to,  which  may  but  are  not  in- 
tended to  be  performed  within  a  year. 
15    L.R.A.{N.S.)    318. 


FARMING  UTENSILS. 

Property  covered  by  insurance  policy  on 
"Farming  Utensils."  L.R.A.1917B, 
937. 


FARM  LABORER. 


Who  is,  within  the  statute  giving  lieri.  19 
L.R.A. (N.S.)    1039;    L.R.A.1917D,   382. 

Who  is,  within  meaning  of  Workmen's 
Compensation  Acts.     L.R.A.1918F,  202, 


FARM  LANDS. 


FAMILY  PORTRAITS. 

Sentimental  value  as  measure  of  damages 
for  loss  or  conversion  of  or  injury  to. 
L.R.A.1917D,  503. 


FAMILY  RELATIONS. 

Admissil)ility  of  evidence  of  family  relations 
of  plaintiff  on  action  for  damages  for 
libel  or  slander.     23  L.R.A. (N.S.)    362. 


FARE. 

Of  passenger,  see  Carriers,  §§  16-29,  154- 
160. 


FARM. 

See  also  Agriculture;  Farm  Lands. 

Insurable   interest   in    fluctuating    property 

on.     52  L.R.A.  340. 
Employees    supervising    as   vice    principals. 

5f  L.R.A.  534. 


Organization  of,  into  municipal  corporation. 

L.R.A.1918B,  1086. 
Municipal   taxation    of   farm    lands   within 

corporate  limits.     34  L.R.A.  193. 


FARM   MACHINERY. 

Location  of,  as  affecting  insurance  on.     26 
L.R.A.  241. 


FAST  DRIVING. 


Violation  of  ordinance  against,  as  ground 
for  private  action.    5  L.R.A. (N.S.)  254. 


FAST  FREIGHT  LINES. 

Character  of,  as  common  carriers.  42  L.R.A. 
(N.S.)    902. 


FATHER. 

In  general,  see  Parent  and  Child. 

Father  as  sole  next  of  kin  to  unmarried 
child  to  exclusion  of  mother.  1  B.  R. 
C.   566. 


Consult  also  L.R.A.  Digests  of  Cases.    36 


562  INDEX  TO  L.R.A.  NOTES. 

FATHER-IN-LAW  AND  SON-IN-LAW.  FEDERAL  HOME. 


Implied  agreement  to  pay  for  services  ren- 
dered to.     11  L.R.A.(N.S.)   886. 

Oral  promise  to  father-in-law  conveying 
land  to  hold  in  trust  as  giving  rise  to 
constructive  .trust.  39  L.R.A.(N.S,) 
926. 

Son-in-law  as  member  of  family  of  insured. 
3  L.^.A.(N.S.)    336. 

Authority  to  bind  fatlier-in-law  by  contracts 
other  than  those  for  necessaries.  39 
L.R.A.(N.S.)   885. 

Gratuitous  conveyance  to  son-in-law  as 
raising  implied  resulting  or  construc- 
tive trust  in  favor  of  the  natural  ob- 
jects of  the  bounty  of  the  grantor  or 
donor.     L.R.A.1915E,  651. 


FAULTY  CONSTRUCTION. 

Liability  of  landlord  to  tenant  for  damage 
by  water  due  to.    L.R.A.1917B,  236. 


FAVORITISM. 

See  Discrimination. 

^*» 


FEAR. 

Voluntariness  of  confessions  induced  by.  18 
L.R.A.(N.S.)  804;  50  L.R.A.(N.S.) 
1087. 

Fear  of  accused  as  reason  for  not  contra- 
dicting statement  made  in  his  presence. 
25  L.R.A.(N.S.)   553. 


FEDERAL  AGENCIES. 


Franchise    tax 
L.R.A.  55. 


FEDERAL  CORPORATIONS. 

Locality  of  jurisdiction  of  state  court  over. 
70  L.R.A.  702. 


FEDERAL    COURTS. 

See  CovRTs.  VII.  d;    IX.  b;   Removal  of 
Causes. 


FEDERAL  ELECTIONS. 


Jurisdiction    of    estate    of    inmate    of. 
L.R.A.  (N.S.)   586. 


39 


as    interference    with.      57 


FEDERAL  QUESTIONS. 

Federal  jurisdiction  in  case  of,  see  Courts, 
§§  39,  39a. 

Adjudications  on,  by  state  courts  review- 
able by  the  Supreme  Court  of  the  Unit- 
ed States.     62  L.R.A.  513, 

How  and  when  Federal  question  may  be 
raised  and  decided  in  Federal  court  to 
make  case  for  writ  of  error  to  United 
States  Supreme  Court.    63  L.R.A.  33. 


FEDERAL  SAFETY  APPLIANCE  ACT. 

See  Master  and  Servant,  §  96. 


Li- 


FEES. 

Attorney's  fees,  see  Attorney's  Fees. 
In  general,  see  Costs  and  Fees. 
For  inspection,  see  iNSPECnoN. 
For    liquor    license    see    Intoxicating 

QUORS,  §  10. 
For  license  generally,  see  License,  II. 
Of  pilot,  see  Pilot,  §  2. 
When  fee  passes  by  deed,  see  Deeds,  §  29. 
When  fee  passes  by  will,  see  Wills,  §§  79- 

82. 

Eifect  of  failure  to  pay  registration  fee. 
42  L.R.A. (N.S.)   146.   " 

Validity  of  fee  exacted  for  filing  nomina- 
tions.    L.R.A.1915B,  197. 


FEIGNED  INSANITY. 


Right  of   prosecution   to   show. 
(N.S.)    113. 


31  L.R.A. 


FEIGNED  SUBSCRIPTIONS. 

To    corporation,    liabilitv    on.      25    L.R.A. 
101. 


FELLOW  PASSENGER. 

Assault  by,  see  Carriers,  §  13. 
Liabilitv   of   carrier   for   acts   of,   see   Car- 
rieIrs,  §  52. 


FELLOW  SERVANTS. 


Federal  control  of  elections.    53  L.R.A.  660.    See  Master  and  Servant,  III,  d. 
Begin  irith  this  hooK-  on  everif  law  question. 


INDEX  TO  L.R.A.  NOTES. 


563 


FELON. 

Liability   under   accident   policy   for   injury 
resulting  in.     47  L.R.A.(N.S.)    924. 


FELONY. 

Arrest  for,  see  Arrest. 

Compounding  of,  see  Compotjnding  Felony. 

Homicide  in  commission  of.     63  L.R.A.  354. 

Effect  of  statutory  declaration  that  murder 
in  the  commission  of  felony  shall  be 
murder  in  first  degree  upon  right  of 
jury  to  pass  upon  degree.  L.R.A. 
1916D,  610. 


FEMALES. 


See  Women. 


FEMALE  SUFFRAGE. 

Right  of  woman   to  vote.     21  L.R.A.  662; 
L.R.A.1915B,  247. 


FEMALE  TROUBLES. 

As  element  of  damages  for  negligent  injury. 
iS  L.R.A.(N.S.)   99. 


FENCES. 

§   1.  Generally. 

Oral  agreement  as  to,  see  Contracts,  §  45. 

Gates  in,  see  Gates. 

Injunction  as  to,  see  Injuncton,  §§  76,  77. 

Tenant's  right  to  cut  wood  for,  see  Land- 
lord AND  Tenant,  §  54. 

On  public  lands,  see  Public  Lands,  §  2. 

Duty  and  liability  of  railroads  with  re- 
spect to,  see  Railroads,  §§  37-40,  75. 

Right  of  one  having  easement  of  way  to 
fence  it.  L.R.A.1918A,  595;  7  B.  R.  C. 
261. 

Mechanic's  lien  for  fencing.  L.R.A.1917D, 
353. 

Doctrine  of  attractive  nuisance  as  applied 
to.     L.R.A.191oD,  161. 

Liability  for  consequential  injuries  from  re- 
moval of.     53  L.R.A.  629. 

Riglit  of  life  tenant  to  timber  for.  37 
L.R.A.  (X.S.)  76.5. 

Fencing  materials,  not  actually  attached  to 
land,  as  fixtures.     69  L.R.A.  901. 

Prescriptive  right  to  maintain.  53  L.R.A. 
901. 

§   2.  Division  or  line  fences. 

Validity  of  oral  agreement  as  to  erection  or 

maintenance     of     fences.       27     L.R.A. 

(N.S.)   226. 
Consttlt  also  L.R.A.  Digests  of  Cases. 


FENCES— cont'd 

Applicability  of  statutory  provision  for 
joint  construction  of  line  or  division 
fence,  where  lands  of  one  of  adjoining 
owners  are  otherwise  uninclosed.  20 
L.R.A.  (N.S.)    1092. 

Effect  of  joint  building  of  line  fence  on  ad- 
verse possession.     33  L.R.A. (N.S.)   937. 

Effect  of  agreement  to  move  line  fence  on 
adverse  possession.  33  L.R.A.  (N.S.) 
939. 

Injunction  to  compel  or  prevent  erection, 
maintenance,  or  removal  of.  7  L.R.A. 
(N.S.)  55. 

§   3.  — sufficiency;   lack  of. 

Sufficiency  of.     22  L.R.A.  105. 

Lack  of  division  fence  as  affecting  liability 
for  damages  by  trespassing  cattle.  22 
L.R.A.  60. 

Liability  of  one  in  possession  of  unfenced 
land  for  injuries  to  live  stock  which 
strays  thereon  from  public  range.  52 
L.R.A.  (N.S.)    133. 

Liability  of  one  who  neglects  to  repair  di- 
vision fence  for  death  or  injury  of  live 
stock  after  straying  through  the  fence. 
52  L.R.A. (N.S.)    99. 

Extent  of  liability  for  permitting  another's 
live  stock  to  escape  from  pasture  by 
failure  to  keep  proper  division  fence. 
20  L.R.A.  479. 

§   4.  Along  highway. 

Obstruction  of  highway  by,  see  Highways, 
§  38. 

Liability  for  trespass  on.  unfenced  land  by 
live  stock  being  driven  along  the  high- 
way.    12   L.R.A. (N.S.)    912. 

Liability  of  property  owner  for  injuries  to 
persons  or  property  in  highN\ay  due  to 
condition  of  fence.     L.R.A.1917E,  812. 

§   5.  As  nuisances. 

Municipal  regulation  of,  as  nuisances.  39 
L.R.A.  662. 

Injunction  by  municipality  against  mainte- 
nance of,  as  nuisance.    42  L.R.A.  822. 

Doctrine  of  attractive  nuisance  as  applied 
to.     L.R.A.1915D,  161. 

§   6.  Liability  for  malicious  erection  of. 

Injunction  against  spite  fence,  see  Injunc- 
tion, §  77. 

Generally.    40  L.R.A.  177;  25  L.R.A.  (N.S.) 

831;  52  L.R.A.(N.S.)  736. 
Malice  gives  no  ground  of  action.    40  L.R.A. 

177. 
Contrary  doctrine.     40  L.R.A.  180. 
State  statutes  and  decisions  thereunder.    40 

L.R.A.  181;   25  L.R.A. (N.S.)   832. 

§   7.  Interference  with  easement  by. 

Erection  of,  so  as  to  interfere  with  ingress 
and  egress  to  and  from  public  lands. 
3  L.R.A.  (N.S.)    733. 

Abandonment  or  loss  of  private  way  by  ob- 
struction of  way  witli  fences.  22  L.R.A. 
(N.S.)    885,  886,  888,  891. 


>C4 


INDEX  TO  L.R.A.  NOTES. 


FENCES— cont'd 

Right  of  owner  of  servient  tenement  to  fence 
side  of  right  of  way  as  against  owner 
of  the  dominant  tenement.  7  B.  R.  Q. 
261. 


FENDER. 

Liability  of  carrier  to  passenger  who  falls 
over  fender.     26  L.R.A.  (N.S.)   406. 

Duty  of  street  railway  company  to  equip 
cars  with.     L.K.A.1915A,  74S. 

Violation  of  police  ordinance  requiring 
fenders  on  street  cars  as  ground  for 
private  action.    5  L.R.A. (N.S.)  252. 


■♦•» 


FER^  NATURE. 

See  Animals. 


#•» 


FERMENTED  lilQUORS. 

As  intoxicating  liquors.     20  L.R.A.  647. 
Sufficiency  of  delivery  of  fermented  liquors 

sold    out    of    larger     lot,      26     L.R.A. 

(N.S.)  36. 


FERRIES. 


§   1.  Generally. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  operation  of.  65 
L.R.A.  654. 

Interference  by,  with  wharf  rights  in  navi- 
gable waters.     34  L.R.A. (N.S.)   431. 

Right  of  taxpayer,  in  absence  of  statute, 
to  enjoin  unlawful  expenditures  by 
municipality  for.     36  L.R.A. (N.S.)   24. 

Taking  of  land  for,  as  a  public  purpose.  22 
L.R.A.(N.S.)   135. 

§   2.  Franchise. 

See  also  infra,  §  4. 

Necessity  of  franchise  for.    37  L.R.A.  712. 

§  3.  —  interference  with. 

See  also  infra,  §  4, 

What  amounts  to  interference  with  ferry 
franchise.     30  L.R.A. (N.S.)    462. 

Bridge  as  disturbance  of  ferry  franchise.  1 
B.  R.  C.  34L 

§  4.  Establishment,  regulation,  and 
protection  of. 

License  of,  see  License,  §  27. 
Power   of   municipality    over,    see   Munici- 
pal  COBPOBATION,    §    31. 

Definition.      59    L.R.A.    513;    L.R.A.1916D, 

832. 
Establisliment.    59  L.R.A.  515. 

Necessity   of.  license.      59   L.R.A.    515; 
L.R.A.1916D,  832. 
Begin  with  this  book  on  every  law  question 


FERRIES— cont'd 

Autliority  to  establisli.     59  L.R.A.  518; 
L.R.A.1916D,  832. 

Practice.     59  L.R.A.  526. 

Who  entitled  to.     59  L.R.A.  528. 

Riparian   owner.      59   L.R.A.    .")28; 
L.R.A. 1916D,  833. 
Landings.      59    L.R.A.    535;     L.R.A.1916D, 

834. 
Exclusiveness    of    right.     59    L.R.A.    538; 

L.R.A.ini6D,  834. 
Regulation  and  supervision.    59  L.R.A.  542; 

L.R.A.lOieD,  834. 
Transfers   and   contracts.      59   L.R.A.    543; 

L.R.A.1916D,  834. 
Rights  and  duties  of  ferryman.     59  L.R.A. 

546;  L.R.A. 1916D,  834. 
Extinguishment.      59    L.R.A.    554;    L.R.A. 

1916D,  835. 
Power  of  state  or  municipality  as  to  inter- 
national    or     interstate     ferries.       52 

L.R.A.(N.S.)    575. 

§   5.  Ferryman  as  common  carrier. 

Generally.    68  L.R.A.  153. 

Obligation   of   owner  of  private  ferrv.     68 

L.R.A.  154. 
Obligation  of  public  corporation.    68  L.R.A. 

355. 
Liability  for  failure  to  run  boat.    68  L.R.A. 

155. 
Measure  of  care  required.     68  L.R.A.  156. 
What    is    within     duty     of     ferryman.      68 

L.R.A.  157. 
Effect    of    defect    in    property.      68    L.R.A. 

160. 
Bond.     68  L.R.A.  160. 
Liability  for  acts  of  lessee,  etc.     68  L.R.A. 

160. 

§   6.  Injury  to  passenger. 

Imputing  carrier's  negligence  to  passenger. 
8  L.R.A. (N.S.)   622.      ■ 

§    7.  Rates;  tolls. 

Regulation  of  rates  of  toll  for  ferriage.    33 

L.R.A.    180;    59   L.R.A.   543;    6  L.R.A. 

(N.S.)   835;  L.R.A.1916D,  834. 
Power    of    judiciary    to    fix    rates    to    be 

charged.    8  L.R.A. (N.S.)  529. 
Right  of  ferryman  to  tolls.     59  L.R.A.  546. 
Right  to  take  tolls  without  franchise.     37 

L.R.A.  712. 


FERTILIZERS. 


Municipal  regulation  of  manufacture  of,  as 
nuisance.    38  L.R.A.  653. 

As  fixtures.    69  L.R.A.  902. 

Express  warranty  as  to,  as  excluding  im- 
plied warranty.     33  L.R.A.  (N.S.)    505. 

Invaliility  of  sale  of  fertilizer  in  violation 
of  law.     ] 2  L.R.A. (N.S.)  596. 

Validity  of  contract  for  sale  of,  where  statu- 
tory regulations  had  not  been  com- 
plied with.     43  L.R.A.(N.S.)   1109. 

Evidence  as  to  results  of  use  of,  upon  issue 
as  to  breach  of  warranty  as  to  ingre- 
dients.    L.R.A.1915D,  875. 


INDEX  TO  L.R.A.  NOTES. 


565 


FETTERS. 

On  prisoner   at  trial,   see   Criminal  Law, 
§  54. 


FIANCEE. 

Insurable  interest  in  life  of,  see  Insubance, 
§30. 

Right  to  maintain  action  for  seduction  of. 
50  L.R.A.  (N.S.)    142. 

As  "dependent"  within  statute  or  rules  de- 
fining beneficiaries  of  mutual  benefit 
societies.     51  L.R.A. (N.S.)    726. 


FICTIONS  OF  LAW, 

Of  incorporation  to   evade  law.     1   L.R.A. 
(N.S.)  176. 


FICTITIOUS  NAME. 


See  Name,  §  8. 


FICTITIOUS  PERSON. 

Payment  of  check  to,  see  Baxks,  §  25. 
Use   of   name  of,   in  negotiable  paper,   see 
Bills  and  Notes,  §§  13,  14. 

Validity  of  sale  by  one  conducting  business 
under  fictitious  name.  12  L.R.A.  (N.S.) 
GOO. 


FICTITIOUS  RESIDENCE. 

Of  children,  effect  on  right  to  privileges  of 
public  schools.  26  L.R.A.  581;  51 
L.R.A. (N.S.)   234. 


FICTITIOUS  SUIT. 

Bringing  or  inciting  the  bringing  of  a  false 
or  fictitious  suit  as  contempt.  L.R.A. 
1915B,  689. 

Power  of  court  to  decline  jurisdiction  of. 
6  B.  R.  C.  336. 


FIDELITY  BOND. 

See  Bonds,  §  11. 


FIDELITY  INSURANCE. 

See  Bonds,  §  11. 

Consult  also  L.R.A.  'Digests  of  Cases. 


FIDUCIARY    relation: 

Application  to  debt  duo  bank  of  deposit  in 

fiduciary  character,  see  Banks,  §  18. 
Gifts  between  persons  in,  see  Gift,  §  6. 
Receiver's    right   to   deal   with   receivership 

for     his     own     benefit,    see    Receivebs, 

§   H. 
Between    attorney    and    client.-  see    Attok- 

NEYS,  §   10. 
Between  principal  and  agent,  see  Principal 

AND  Agent,  §§  33-35. 
Between   trustee   and   cestui   que  trust,   s<;e 

Trusts,  §  30. 
See  also  Aitorneys;  Bbokebs;  Exexjutobs 

AND        Administratoes  ;         Factors  ; 

GUABDIAN     AND     WaBD;     HuSBAND    AND 

Wife;  Pbincipal  and  Agent;  Trusts. 

Fraud  in  expression  of  opinion  in  case  of. 
35  L.R.A.  429. 

Effect  of,  on  right  to  rely  on  represepta- 
tions.    37  L.R.A.  613. 

False  representations  as  to  cost  of  property 
where  confidential  relations  exist.  35 
L.R.A.(N.S.)  182. 

Presumption  and  burden  of  proof  as  to  un- 
due influence  respecting  gifts  inter 
vivos  between  persons  in.  35  L.R.A. 
(N.S.)  950. 

Independent  advice  as  condition  of  valid 
gift  inter  vivos  between  parties  occupy- 
ing confidential  relations.  16  L.R.A. 
(N.S.)   1087. 

Right  of  person  standing  in  fiduciary  rela- 
tion to  relocate  mining  claim  for  his 
own  benefit.     50  L.R.A.  184. 

Effect  of  retaining  statement  of  account 
between  persons  in,  to  render  it  an 
account  stated.     29  L.R.A. (N.S.)   341. 

Effect  of  public  records  as  notice  or  evidence 
of  notice  which  will  set  limitations  run- 
ning against  action  based  on  fraud 
when  fiduciary  relation  exists.  22 
L.R.A.(N.S.)  215. 

Rights  of  employer  and  employee  with  re- 
spect to  things  produced  by  labor  of 
employee.     5  L.R.A. (N.S.)    1154. 

Existeqce  of,  as  grounds  of  enforcement  in 
equity  of  grantee's  oral  promise  to 
grantor  to  hold  in  trust.  39  L.R.A. 
(N.S.)   906. 

What  relations  are  fiduciary  within  pro- 
vision as  to  discharge  in  bankruptcy. 
42  L.R.A. (N.S.)   1093. 

Duty  of  municipal  officer  to  account  for 
profits  made  in  transaction  with  mu- 
nicipality.    48  L.R.A. (N.S.)    842. 

Effect  of  secret  advantage  to  one  member  of 
joint  adventure.  50  L.R.A.  (N.S.) 
1046. 

Right  of  principal  or  employer  to  earnings 
by  agerjt  or  servant  who  undertakes 
extraneous    work.      L.R.A.1916D,    782. 

Weight  and  sufficiency  of  evidence  to  prove 
knowledge  by  testator  of  contents  of 
his  will  written  by  one  occupying  a 
confidential  relation.  L.R.A.1918D, 
776. 


566 


INDEX  TO  L.R.A.  NOTES. 


FIERI   FACIAS. 


FINANCIAL,  CONDITION. 


Right  to  break  and  enter  dwelling  to  serve    Actionability  of  charges  aifecting,  see  Libel 
writ    of.    L.R.A.10]6D,  283.  and  Slander,  §§  16,  17,  26. 

Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  739. 
Duty    of    purchaser    of   corporate    stock    to 
FIGHT.  verify  statements  made  as  to  financial 

condition    of    corporation.      14    L.R.A, 
Effect  of  fact  that  combat  was  by  agree-  (N.S.)  1176. 

ment  or  mutual  consent  of  parties  up- 
on civil  liability  for  assault.  20  L.R.A. 
(N.S.)   907. 

FINDER. 

Rights  and  liabilities  of  finder  of  propertv. 

37  L.R.A.  116;  1  L.R.A.  (N.S.)  477; 

8     L.R.A.  (N.S.)      95;      35     L.R.A. 

(N.S.)    979;    L.R.A.1916A,   660;    6 

B.  R.  C.  264. 
What  property  is  lost.     37  L.R.A.  120. 
Larcenv.     37   L.R.A.   121;    30  L.R.A. (N.S.) 

339;  L.R.A.1916A,  468. 
Rights  inter  se  of  joint  finders  of  lost  prop- 
erty.    19  L.R.A.(N.S.)   1201. 


FIIjING. 

Of   chattel   mortgage,   see   Chattel  Mobt- 

GAGE,  §§  16-22. 

Of  mechanics'  lien,  see  Mechanics'  Liens, 

VIII. 
Failure  to  file  tax  list,  see  Taxes,  §  52. 

First  and  last  days  in  computing  time  for. 
49  L.R.A.  242. 

Delay  in  filing  indictment  as  ground  for 
discharge  of  accused.     56  L.R.A.  615. 

Of  initiative  or  referendum  petition.  50 
L.R.A.(N.S.)   220;  L.R.A.1917B,  34. 

Validity  of  fee  exacted  for  filing  nomina- 
tions.    L.R.A.1915B,  197. 


FIIiliING  liANDS. 


Power  to  fill  low  lands  at  expense  of  owner. 
30L.R.A.(N.S.)  709. 


FILTEB. 

Duty  of  water  supply  company  to  filter  wa- 
ter.    24  L.R.A.(N,S.)   304. 


FILMS. 

Motion  picture  films,  see  Moving  Pictubes. 


FILTH. 

Municipal    regulation   of   nuisance   of.     38 
L.R.A.  314. 


♦  •» 


FINAIi  PROCESS. 


Exemption  of  nonresident  from  service  of, 
while  in  state  in  connection  with  case. 
42  L.R.A.(N.S.)  1105. 

Begin  with  this  hook  on  every  law  question 


FINDINGS. 

Reversible    error    as    to,    see    Appeal    and 

Erbob,  §  40. 
Admissibility  of,  in  evidence,  see  Evidence, 

§  133. 
In  general,  see  Tbial,  §  69. 

Requisites    of    special    verdict.      24    L.R.A. 
(N.S.)   2. 


FINES. 

§   1.  In  'general. 

By  building  and  loan  association,  see 
Building  and  Loan  Associations,  §  7. 

To  enforce  orders  of  Public  Service  Com- 
missions.    L.R.A.1918E,  311. 

Exemptions  as  against  fines.  L.R.A.1915A, 
1214. 

Right  of  agent  to  be  reimbursed  for  fines 
paid  for  violation  of  law  in  principal's 
interest.     45  L.R.A. (N.S.)    788. 

Relief  of  member  of  labor  union  from  un- 
lawful fine.     45  L.R.A. (N.S.)    353. 

Right  of  labor  union  to  impose  fine  on  mem- 
bers as  means  of  inducing  them  to  join 
in  strike.     23  L.R.A. (N.S.)    1236. 

§   2.  As  punishment  for  crime. 

Effect  of  pardon  on,  see  Cbiminal  Law, 
§  89. 

Exemption  of  homestead  from  liability  to. 

24  L.R.A.  790. 
As  cruel  or  unusual  punishment.    35  L.R,.A. 

567;  L.R.A.1915C,  563. 
Imprisonment    for,     as     imprisonment    for 

debt.    34  L.R.A.  651;  L.R.A.1915B,  647. 
Fining  attorney  during  trial  as  prejudicing 

rights  of  party.     42  L.R.A.  (N.S.)    428. 


INDEX  TO  L.R.A.  NOTES. 


567 


FINGER   PRINTS. 

As  evidence.     43  L.R.A.  (N.S.)    120C;   3  B. 
R.  C.  70. 


FIREARMS. 


Carrying  of,  see  Cabbying  Weapons. 
Weapons  generally,  see  Weapons. 

Opinion  as  to  caliber  or  kind  of  weapon 
fired  based  upon  its  sound.  L.R.A. 
1918A,  729. 

Opinion  evidence  as  to  whether  firearm  has 
been  recently  fired.     L.R.A.1918A,  (>70. 

Forfeiture  of  guns  used  in  violation  of  the 
game   laws.     L.R.A.1916F,   919. 

What  constitutes  attempt  to  discharge  fire- 
arms.    3  B.  R.  C.  243. 

Negligence  in  respect  to  guns  and  similar 
dangerous  agencies.     14  L.R.A.  675. 

Civil  liability  for  injury  by  negligent  dis- 
charge of  firearms.  4  L.R.A. (N.S.) 
119;  26  L.R.A.  (N.S.)  134;  L.R.A. 
1915E,  267. 

Liability  for  injury  to  trespasser  by  dis- 
charge of.     3  L.R.A.(N.S.)   1038. 

Liability  of  person  leaving  loaded  gun  where 
it  is  found  and  accidentally  discharged 
by  another.     2  B.  R.  C.  181. 

Pointing  unloaded  firearm  as  assault.  15 
L.R.A.  (N.S.)  1272;  41  L.R.A.  (N.S.) 
181. 

Burden  of  proving  that  weapon  was  not 
loaded  in  prosecution  for  assault  with 
firearms.     42  L.R.A.  (N.S.)    975. 

Carrier's  liability  for  injury  resulting  from 
accidental  discharge  of  firearms  by  fel- 
low passenger.  37  L.R.A. (N.S.)  724; 
49  L.R.A. (N.S.)   810. 

Applicability  of  doctrine  of  res  ipsa  loqui- 
tur where  passenger  is  injured  by  fire- 
arms in  hands  of  another  passenger. 
3  B.  R.  C.  431. 

Negligence  of  parent  in  permitting  child  to 
.  have  firearms,  or  keeping  them  within 
his  reach.     10  L.R.A. (N.S.)   942. 

Master's  liability  for  wrongful  shooting 
with  guns.     27  L.R.A.  197,  201. 

Master's  liability  for  injury  done  by  serv- 
ant to  third  person  in  use  of  firearms 
placed  in  his  custody.  10  L.R.A. (N.S.) 
375,  396. 

Guns  as  -deadly  weapons.  21  L.R.A. (N.S.) 
600. 


FIRE  DEPARTMENT. 

§    1.  Generally. 

Constitutionality  of  statutes  as  to  firemen, 
see  Constitutional  Law,  §  91. 

Giving  of  free  transportation  to  members 
of  city  fire  department  as  an  unlawful 
discrimination.     L.R.A.1918D,  908. 

Right  of  state  to  control  municipal  fire  de- 
partment.    15  L.R.A. (N.S.)   575. 

Consult  also  L.R.A.  Difjests  of  Cases. 


FIRE  DEPARTMENT- -i-ont'd 

Right  of  municipality  to  require  theater  to 

pay   for   services  of   firemen   performed 

at  the   theater   or   place   of  exhibition. 

11  L.R.A. (N.S.)   700. 
Firemen  as  servants  or  agents  of  owner  of 

burning     property.       39     L.R.A.  (N.S.) 

237. 
Firemen  as  public  officers.    36  L.R.A. (N.S.) 

881. 

§  2.  Exemption  of  firemen  from  jury 
or   militia    duty. 

Right  conferred  by  statutory  exemption  of 
firemen  from  jury  or  militia  duty. 
8  L.R.A.(N.S.)   498. 

§   3.  Fund  or  pension  for  firemen. 

Validity  of  law  imposing  tax  on  insurance 
companies  for  tlie  benefit  of  firemen.  13 
L.R.A.  (N.S.)    1147. 

Power  of  legislature  to  require  municipal- 
ity to  pension  employees.  34  L.R.A. 
(N.S.)    608. 

Nature  and  circumstance  of  injury  as  affect- 
ing right  to  share  in  pension  or  insur^ 
ance  fund.    20  L.R.A.(N.S.)  1176. 

Requiring  agent  of  foreign  insurance  com- 
pany to  contribute  to  maintenance  of 
firemen's  fund.     24  L.R.A.  299. 

Vested  right  in  pension.  50  L.R.A. (N.S.) 
1019. 

§   4.  Municipal  liability  for  acts  of.    - 

See  Municipal  Cobporations,  §  83. 

§   5.  Liability  of  fire  insurance  patrol. 

Liability  of  fire  insurance  patrol  for  in- 
juries.   21  L.R.A. (N.S.)   810. 

§   6.  Liability  for  injury  to  firemen. 

Liability  for  injury  to  fireman  through  de- 
fects in  premises,  see  Negligence,  §  18. 

Collision  between  street  car  and  fire  ap- 
paratus, see  Street  Railways,  §  19. 

Applicability  to  firemen  of  Workmen's 
Compensation  Acts.    L.R.A.1918F,  191. 

Liability  of  street  railway  company  for  in 
juries  caused  by  collision  with  fire  ap- 
paratus. 19  L.R.A. (N.S.)  623;  L.R.A. 
1917E,  416. 

§  7.  Imputing  negligence  of  one  fire- 
man to  another. 

Imputing  negligence  of  one  fireman  to  an- 
other. 8  L.R.A.(N.S.)  632;  L.R.A. 
1915A,  762. 

Imputing  negligence  of  driver  of  fire  ap- 
paratus to  fireman.  19  L.R.A. (N.S.) 
629;  L.R.A.1917E,  422. 

§  8.  Contributory  negligence  of  fire- 
men. 

Degree  of  care  required  of  firemen  in  use 
of  defective  or  obstructed  street.  21 
L.R.A.  (N.S.)  630;  48  L.R.A. (N.S.)  628. 

§   9.  Liability  of  firemen. 

Liability  qf  firemen  for  fall  of  wall.  34 
L.R.A.  502. 


668 


INDEX  TO  L.R.A.  NOTES. 


FIRE  ESCAPES. 

In  general,  see  Buildings,  §  5. 

Doctrine  of  attractive  nuisance  as  applied 
to.      L.R.A.1915D,    170. 


. ♦-»♦ 

FIRE  INSURANCE. 

See  Insurance. 

♦-•-♦ 


FIRE  INSURANCE  PATROL-. 

Liability  of  fire  insurance  patrol  for  inju- 
ries.   21  L.R.A.(N.S.)  810. 

♦■•-♦ 


FIRE  LIMITS. 

See  Buildings,  §  4. 

«-»^ 


FIREMEN. 


See  also  Fibe  Depabtment. 

As  fellow  servants.     52  L.R.A.  (N.S.)   1089. 


^•» 


FIREMEN'S  FUNB. 

See  Fibe  Department,  §  3. 


♦  •» 


FIRES. 

7.  In  general,  §§  1,  2. 
II.  Liahility  for  loss  by,   § 

I.  In  general. 


3-11, 


§    1.  Generally. 

Arson,  see  Arson. 

As  to  fire  limits  and  fire  escapes,  see  Build- 
ings, §§  4,  6. 

Explosions,  see  Explosions  and  Explo- 
sives. 

Tenant's  right  to  cut  wood  for,  see  Land- 
lord AND  Tenant,  §  54. 

Proximate  cause  of,  see  Proximate  Cause, 
§  5. 

Appropriation  for  protection  against.  14 
L.R.A.  476. 

Effect  of  destruction  of  building  to  termi- 
nate adjoining  owner's  easement  of 
support.  19  L.R.A.  (N.S.)  883;  46 
L.R.A.  (N.S.)   1021. 

Regulating  keeping  or  storing  of  combusti- 
bles.   41  L.R.A. (N.S.)  456. 

Validity  of  regulations  for  fire  protection 
other  than  building  regulations. 
41  L.R.A. (N.S.)  456. 

Begin  icith  this  boole  on  every  law  question 


FIRKS,  I.— cont'd 

Right    of   taxpayer,    in    absence   of   statute. 

to    enjoin    fire    contracts.      36    L.R.A. 

(N.S.)   20. 
Admissibility  of  evidence  of  other  fires.     32 

L.R.A.  (N.S.)   1146. 

§   2.  liiability    for    injury    in    stopping 
spread  oif. 

Liability  of  city  for  destroying  building  to 
stop  spread  of  fire.    19  L.R.A.  197. 


II.  Liability  for  loss  by. 

§   3.  Generally. 

Measure  of  damages  for  injury  by,  see  Dam- 
ages, §§  68,  73a-75. 

Insurance  against,  see  Insurance. 

Proximate  cause  of  loss  by,  see  Proximate 
Cause,  §  5. 

Who  must  bear  loss  from  fire  before  execu- 
tion of  deed  to  land  sold,  see  Vendor 
AND  Purchaser,  §  6. 

Liability  of  railroad  for,  see  Railroads, 
§§  77,  78,  86. 

Contributory  negligence  in  case  of  fire  set 
by  railroad  engine,  see  Railroads, 
§  86. 

Construction  and  eflfect  of  statute  giving 
one  who  is  responsible  for  the  destruc- 
tion of  property  by  fire,  the  benefit  of 
insurance  effected  by  owners.  52 
L.R.A. (N.S.)  203. 

Tenant's  implied  obligation  as  to  damages 
by.     04  L.R.A.  631,  657. 

Landlord's  liability  for  loss  of  tenant's 
property  by  fire.     42  L.R.A.(N.S.)   363. 

Diligence  of  carrier  in  saving  property 
from.     39  L.R.A.(N.S.)   645. 

Liability  where  fire  results  from  fall  of 
walls  or  buildings.     34  L.R.A.  563. 

Violating  ordinance  as  to,  as  ground  for 
private  action.     5  L.R.A. (N.S.)    261. 

Duty  to  cut  off  electric  connection  in  case 
of  fire.    31  L.R.A. (N.S.)  1099. 

Liability  for  fire  set  by  sparks  from  chim- 
ney.    32  L.R.A. (N.S.)   1003. 

Provision  exempting  carrier  from  liability 
for  loss  occasioned  by  fire  as  extending 
to  loss  caused  by  negligence.  6  B.  R.  C. 
127. 

Presumption  and  burden  of  proof  as  to 
carrier's  negligence  or  lack  of  negli- 
gence causing  loss  of  goods  by  fire  in 
case  of  contract  limiting  its  liabilitv. 
L.R.A.1915D,  647,  656. 

Carrier's  liability  for  injury  by  fire  result- 
ing from  negligent  or  meddlesome  act  of 
fellow  passenger.    37  L.R.A.  (N.S.)   725. 

Duty  of  steam  railroad,  or  street  railroad, 
company  to  avoid  interference  with  ex- 
tinguishment of.  12  L.R.A. (N.S.)  382: 
20  L.R.A.  (N.S.)  1110;  39  L.R.A.(N.S.) 
20. 

Duty  to  guard  against  injury  to  trespass- 
ing child  by.    39  L.R.A. (N.S.)   1058. 

Fire  as  attractive  nuisance.  L.R.A.1917F, 
1036. 

Contributory  negligence  of  child  injured  by. 
L.R.A.1917F,  108. 


INDEX  TO  L.R.A.  KOTES. 


669 


FIRES,  II.— cont'd 

Effect  of  intervening  property.  21  L.R.A. 
260. 

Intervening  bviilding.     21  L.R.A.  260. 

The  effect  of  distance.     21  L.R.A.  261. 

The  effect  of  time.     21   L.R.A.   261. 

Statutes.    21  L.R.A.  261, 

Regulating  prairie  tires.     21  L.R.A.  261. 

Timber  fires.     21  L.R.A.  262. 

Railroad  fires.     21  L.R.A.  262. 

Notice.    21  L.R.A.  262. 

Effect  of  concurring  negligence  of  third  per- 
son in  spreading  fire.     17  L.R.A.  36. 

Liability  of  one  responsible  for  a  fire  for 
destruction  of  property  after  such  fire 
united  with  another  for  w^hich  he  was 
not  responsible.     48  L.R.A.(N.S.)    700. 

§    11.  To  whom  liable. 

May  one  who  destroys  property  defeat  an 
action  by  the  owner  upon  the  ground 
that  the  right  of  action  is  in  tlie  in- 
surer. 23  L.R.A.(N.S.)  870;  L.R.A. 
1918F,   145. 


FIREWORKS. 


FIRES,  II.— cont'd 

§  4.  Due  to. failure  to  furnish  adequate 
water  supply. 

See  Municipal  Corporations,  §  94; 
Waters,  §  119. 

§   5.  liiability  of  warehouseman. 

Liability  of  warehouseman  for  goods  dam- 
aged or  destroyed  while  stored  in  build- 
ing other  than  that  called  for  by  con- 
tract.    24  L.R.A.  (N.S.)    1117. 

Efi'ect  of  stipulation  exempting  warehouse- 
men from  loss  by  fire.  23  L.R.A. (N.S.) 
1205. 

§  6.  Fires  set  by  servant  or  independ- 
ent contractor. 

Liability  of  master  for  act  of  servant  in  set- 
ting out  fire  while  clearing  land.  47 
L.R.A.(N.S.)   1116. 

Liability  of  master  for  damages  by  fire 
started  by  servant  for  his  own  pur- 
poses but  incident  to  work.  49  L.R.A. 
(N.S.)    544. 

Employer's  liability  for  injury  from  inde- 
pendent contractor's  negligent  demoli- 
tion of  fire  ruins.     65  L.R.A.  853. 

Employer's  liability  for  injury  resulting 
from  independent  contractor's  allowing 
fire  to  escape.    65  L.R.A.  853. 

Liability  of  employer  for  acts  of  independ- 
ent contractor  in  setting  out  fire.  65 
L.R.A.  654;  17  L.R.A. (N.S.)  788;  38 
L.R.A.  (N.S.)  175. 

§    7.  Fire  from  threshing  engine. 

Negligence  with  respect  to  spark  arresters 
on  threshing  machine  or  similar  sta- 
tionary engines.     1  L.R.A. (N.S.)  530. 

§   8.  Fire  from  steam  roller. 

Liability  of  municipal  corporation  for  fire 
set  by  sparks  from  steam  roller  engaged 
in  repairing  a  street.  6  L.R.A. (N.S.) 
1094;  20  L.R.A. (N.S.)   654. 

§   9.  Spread  of  fire. 

Spreading  by  wind  of  fires  negligently  set. 
20  L.R.A. (N.S.)   92. 

Duty  of  one  not  responsible  for  kindling  of 
fire  to  prevent  its  spread  from  his  prem- 
ises. 6  L.R.A. (N.S.)  882;  45  L.R.A. 
(N.S.)  215. 

§  10.  —  liability  for  setting  fires  which 
spread  to  property  of  others. 

Liability  of  railroad    for,    see    Railroads, 

§§  77,  78,  86. 

Generally.  21  L.R.A.  255;  36  L.R.A.(N.S.) 
394. 

The  statutory  limitation  of  liability.  21 
L.R.A.  256. 

Negligence  or  jnisconduct  essential  to  liabil- 
ity.    21   L.R.A.   236. 

What  is  negligence.     21  L.R.A.  258. 

Liability  for  acts  of  others.     21  L.R.A.  259. 

Extent  of  liability.     21   L.R.A.  259. 

General   rules.     21  L.R.A.  259.  I  §    1.  Generally. 

Effect    of    intervening    agency.      36    L.R.A.  j  Constitutionalitv  of  laws  as  to,  see  CoxsTl- 
(N.S.)   197.  TI3TI0NAL  Law,  §  92. 

Consult  also  L.R.A.  Digests  of  Cases. 


§    1.  Insurance  on. 

Validity  of  insurance  on.     40  L.R.A.  847. 
Keeping  of,   on   insured   premises.     L.R.A. 
1917C,  278. 

§   2.  Nuisance  or  injury  by. 

Negligence  in  displaying.  3  L.R.A. (N.S.) 
330,  759. 

Liability  for  injuries  caused  by  discharge 
of.     16  L.R.A.  395. 

Municipal  liability  for  failure  to  prevent 
fireworks  on  street.  23  L.R.A, (N.S.) 
643;   42  L.R.A. (N.S.)    863. 

Liability  for  injury  to  children  from  fire- 
works left  accessible  to  them.  34 
L.R.A.(N.S.)    586;    L.R.A.1917A,   1295. 

Display  of  fireworks  in  city  streets  as  nui- 
sance.    16  L.R.A.(N.S.)   621. 


FIRM. 


See  Partnership. 


FIRST  AND  liAST  DAYS, 

In  computing  time,  see  Time,  §  17. 


PISH  COMMISSIONER. 

Right  of  woman  to  be,    38  L.R,A.  211. 

— ♦-»♦ 

FISHERIES. 


570 


INDEX  TO  L.R.A.  NOTES. 


FISHERIES— cont'd 

Custom    as    to    fishing,    see    Custom    and 

Usage,  §  10. 
License  as  to,  see  License,  §  28. 
Penalty  as  to  fishing,  see  Penalty,  §  4. 

Taking   of  fish   as    larceny.      L.R.A.1918A, 

547. 
Liability  of  fish  warden.    L.R.A.1918A,  839. 
Exercise   of   power   of   eminent   domain   for 

purpose     of     acquiring     fishery     right. 

L.R.A.1915E,  443. 
Discrimination      against      nonresidents      in 

granting  license  to  take  fish.    40  L.R.A. 

(N.S.)   285. 
Injunction  against  fishing  in  navigable  wa- 
,    ters  or  against  interference  therewith. 

17  L.R.A.(N.S.)  1236;  38  L.R.A.(N.S.) 

286. 
Fishing  as  violation  of  Sunday  laws.     30 

L.R.A. (N.S.)   470. 
Taking  of  property  for,  as  a  public  purpose. 

22  L.R.A.(N.S.)   152. 
Right  to   construct   fish  traps  in   front   of 

riparian  property.     L.R.A.1918A,  1076. 

§   2.  Right  to  flsh. 

Public  right  of  fishery.     60  L.R.A.  481. 
In  bays  of  Great  Lakes.     L.R.A.1918A, 
1147. 

Grant  of  exclusive  right  to  individual.    60 
L.R.A.  487. 

Prescriptive    rights.      14    L.R.A.    386;     60 
L.R.A.  496. 

Kinds  of  fishery.    60  L.R.A.  499. 

Public  regulation.     60  L.R.A.  499. 

How  exercised.     60  L.R.A.  507. 

Rights  in  lakes  and  ponds.     60  L.R.A.  512. 

Other   rights.     60   L.R.A.   514. 

Shell  fisheries.     60  L.R.A.  516. 

Extinction.     60  L.R.A.  522. 

Protection  of.     60  L.R.A.  523. 

Public  right  of  access  to  water  for  purpose 
of  fishing.     41  L.R.A.  268. 

Navigability  for  purpose  of  right  to  fish.  42 
L.R.A.  324. 

Prescriptive  rights  of  fishery  in  navigable 
waters.     14  L.R.A.  386. 

Public  right  of  access  to  water  for  fishing. 
41  L.R.A.  268. 

Right  to  fish  as  dependent  on  navigability 
of  waters.    42  L.R.A.  324. 

Separated  from  upland.     40  L.R.A.  393. 

Sight  of  way  on  shore  as  fishery  right.  4 
L.R.A. (N.S.)   879. 

Right  to  free  fishing  in  great  ponds.  31 
L.R.A.(N.S.)    434. 

Right  of  riparian  owner  on  tidal  or  naviga- 
ble waters  to  exclusive  fishery.  31 
L.R.A.  (N.S.)    396. 

Nature  and  extent  of  right  created  by  pri- 
vate grant  of  fishing  privilege.  40 
L.R.A. (N.S.)    302. 


§   3.  Injury  to  fishing  right. 

In  improving  navigability  of  stream.  67 
L.R.A.  846. 

By  attempted  exercise  of  rights  of  naviga- 
tion.    64  L.R.A.  982. 

As  damages  from  pollution.  33  L.R.A. 
(N.S.J    74. 

Begin  with  tliis  hook,  on  every  law  question. 


FISHERIES— cont'd 

§   4.  Governmental    control   over    right 
of. 

Generally.     39  L.R.A.  581. 
As  between  governments.    39  L.R.A.  582. 
As  between  governments  and  their  subdivi- 
sions.    39   L.R.A.  582. 
Power    to   grant    rights    to    individual.     39 

L.R.A.  583. 
Right  of  individual.     39  L.R.A.  584. 
Power  to  interfere  with  private  right.-      39 

L.R.A.  584;  L.R.A.1916E,  523. 
Close  time.     39  L.R.A.  585. 
Method  of  taking  fish.     39  L.R.A.  585. 
Regulation   of   stream   because   of   fish.     39 

L.R.A.  587. 
Right  to  prevent  obstruction  of  stream.     39 

L.R.A.  587. 
Preservation  of  fish  in  public  waters.      39 

L.R.A.  588. 
Statutes     which     have    been     passed.       39 

L.R.A.  589. 
Powers  of  local  authorities.     39  L.R.A.  589. 
Powers  of  fish  officers.     39  L.R.A.  589. 
Pollution  of  water.     39  L.R.A.  589. 
Regulation  of  lobster  fishing.      39    L.R.A. 

590. 
Regulation    of    oyster    fishing.     11    L.R.A. 

583. 
Extension  of  regulations  as  to  shell  fishing 

to  private  beds.     L.R.A.1918E,  111. 
Penalty  and  its  infliction.     39  L.R.A.  590. 
Joint  offense.     39  L.R.A.  590. 
Intent.     39  L.R.A.  591. 

Constitutional    provisions.     39    L.R.A.    591. 
What  discrimination  as  to  persons  is  per- 
missible.   26  L.R.A. (N.S.)  794. 
Discrimination   as  to  waters   in   legislation 

restricting  or  regulating  fishing  rights. 

41  L.R.A. (N.S.)   469. 
Statutory  prohibition  of  pollution  of  water 

to    protect    fishery.        1     L.R.A.  (N.S.) 

752;   34  L.R.A.  (N.S.)   286. 
Serving  fish  with  meal  as  violation  of  game 

law.     L.R.A.1917F,  769. 
Cruel   and  unusual   punishment  of  offenses 

against    laws    relating   to.     35   L.R.A. 

572;  L.R.A.1915C,  566. 
Forfeiture    of    personal    property    used    in 

violation    of    fish    laws.      L.R.A.1916F, 

913. 


§  5.  Shell  flsh;  oysters. 

Injunction  against  trespass  on  oyster  beds, 

see  Injunctions,  §  22. 
License  as  to,  see  License,  §  28. 

Taking    of    shell    fish    as   larceny.      L.R.A. 

1918A,  547. 
Exercise  of   power   of   eminent   domain   for 

purpose   of  acquiring  oyster   beds,  etc. 

L.R.A.1915E,   443. 
Public    and    private     rights     to     take.     60 

L.R.A.   516. 
Effect    of    license    to    plant    shell    fish.     6 

L.R.A. (N.S.)   247. 
Extension     of     regulations    concerning,    to 

private     bed.      12     L.R.A.  (N.S.)      869; 

L.R.A.1918E,  111. 
Injunction  to  restrain  trespass  upon,  or  in- 
terference with,  oyster  beds.     3  L.R.A. 

(N.S.)   205. 


INDEX  TO  L.R.A.  NOTES. 


571 


FISHERIES— cont'd 

Injury  to  rights  in,  in  improving  naviga- 
bility in  stream.     67  L.R.A.  840. 

Right  to  compensation  for  damages  to 
oyster  beds  by  improvement  of  navi- 
gation.    .34  L.R.A.(N.S.)    1084. 

§   6.  Nets. 

Prohibition  of  fishing  with  nets  over  pri- 
vate land.     L.R.A.1916E,   523. 

Right  to  compensation  for  destruction  of 
fish  nets.       19  L.R.A.  197. 

Confiscation  of  nets  found  in  illegal  use. 
39  L.R.A.  590;  3  L.R.A.  (N.S.)  997; 
L.R.A.1916F,  918. 


FISH  NETS. 
See  FiSHEBiES,  §  6. 


FISH   TRAPS. 


Right   to    construct,    in    front   of   riparian 
property.     L.R.A.1918A,  1076. 


FITNESS. 

Implied  covenant  in  lease  as  to  fitness  of 
•  premises,  see  Landlord  and  Tenant, 
§   22. 

Master's  duty  as  to  fitness  of  servants  em- 
ployed, see  Master  and  Seevant,  §§ 
104,  105. 

Warranty  as  to,  see  Sale,  §§  31,  32. 

Right  to  compel  public  employee  to  submit 
to  physical  examination  to  determine 
fitness.     33  L.R.A. (N.S.)    259. 

Right  of  court  by  mandamus  to  control 
decision  of  licensing  officers  as  to  fit- 
ness of  applicant  for  license  to  sell 
intoxicating  liquors.  27  L.R.A. (N.S.) 
1195. 

Implied  covenant  in  lease  as  to  fitness  of 
property  for  purpose  intended.  33 
L.R.A.  449. 


FIXED  IjIABIIilTY. 

By  bankrupt,  what  constitutes.     54  L.R.A. 
369. 


FIXTURES. 


I.  In  general,   §   1. 
II.  What  are,  §§  2-9. 

I.  In  general. 

§   1.  Generally. 

As    subject    of    larceny.      49    L.R.A. (N.S.) 

967.  971. 
As  appurtenances.     15  L.R.A.  653. 
Consult  also  L.R.A.  Digests  of  Cases. 


FIXTURES,  I.— cont'd 

Right  to  compensation  for  fixtures  in  build- 
ing taken  by  condemnation  proceed- 
ings.    L.R.A.i915D,  492. 

Eflfect  of  constitutional  or  statutory  pro- 
vision exempting  -  "fixtures  and  erec- 
tions" for  trade,  etc.  from  condemna- 
tion proceedings.     L.R.A.1916A,  1099. 

Agreement  between  landlord  and  tenant  as 
to  removal  of  fixtures  and  improve- 
ments by  latter  as  affecting  third  per- 
son claiming  a  mechanic's  lien;  45 
L.R.A.  (N.S.)    100. 

Right  of  third  person  to  remove  fixtures 
as  breach  of  covenant  in  a  deed  of  real 
property.     35  L.R.A. (N.S.)   976. 

Ejectment    as    proper    remedy    to    recover. 

18  L.R.A.  787. 

Loss    of,   as    special   damages    from   breach 

of  warranty  by  existence  of  unexpired 

lease.     35  L.R.A. (N.S.)   781. 
Who   is  liable   for  taxes   on   improvements 

removable  by  tenant  at  end  of  term. 

32  L.R.A.(N.S.)    368. 

II.  What  are. 

%  2.  Generally. 

Are  things  placed  on  land  with  the  inten- 
tion   of    annexing    them    fixtures, 
where  they  are  never  actually  at- 
tached.     69   L.R.A.   892. 
Effect  upon  the  rights  of  the  owner  of  a 
building,  or  of  an  interest  in  or  a  lien 
thereon,   of  its  wrongful  removal  and 
attachment  to  the  land  of  a  third  per- 
son without  the  former's  consent.     14 
L.R.A.(N.S.)   435. 
What  are,  within  meaning  of  bulk  sale  law. 

34  L.R.A.(N.S.)    218. 
Window  fronts  as  fixtures.    41  L.R.A.  (N.S.) 
1022. 

§  3.  As  between  landlord  and  tenant. 

Rights  of  landlord  and  tenant  as  to,  see 
Landlord  and  Tenant,  §§  48-51. 

Effect  of  agreement  to  prevent  erections  by 
tenant   from   becoming   part   of   realty. 

19  L.R.A.  443. 

Removal  of  fixtures  by*  tenant  as  violation 
of  covenant  to  leave  premises  in  good 
condition.     64  L.R.A.  662, 

Mortgage  on  building  on  leased  premises. 
21  L.R.A.  347. 

Heating  apparatus  as  part  of  realty,  as  be- 
tween landlord  and  tenant.  1  B.  R.  C. 
980. 

Show  cases,  shelving,  etc.  43  L.R.A.  (N.S.) 
677. 

Ornamental  articles  as  fixtures  as  between 
landlord  and  tenant,  or  tenant  and  ven- 
dee.    6  B.  R.  C.  167 

§  4.  As  between  vendor  and  pur- 
chaser. 

Effect  of  agreement  to  prevent  fixtures  from 
becoming  part  of  realty  as  to  pur- 
chasers.    19  L.R.A.  443. 

Effect  of  agreement  between  landlord  and 
tenant  for  removal  of  fixtures  by  lat- 
ter.     L.R.A.1915E,    822, 


572 


indp:x  to  l.r.a.  notes. 


FIXTURES,  IL— cont'd 

Power  of  agent  employed  to  soil  real  prop- 
erty to  bind  his  principal  as  to  fixtures. 
L.E.A.1915F,  631. 

Show  cases,  shelving,  etc.  43  L.R.A,  (N.S.) 
675. 

Ornamental  articles.     6  B.  R.  C.  164. 

Effect  of  chattel  mortgage  on  fixtures  as 
against  subsequent  purchaser  or  en- 
cumbrancer.    15  L.R.A.  01. 

Heating  apparatus  as  part  of  realty  as  be- 
tween grantor  and  grantee.  1  B.  R. 
C.  972. 

§  5.  As  between  mortgagor  and  mort- 
gagee. 

As  between  seller  of  chattel  and  mortgagee 
of  realty,  see  infra,  §  7. 

Heating  apparatus  as  part  of  realty,  as 
between  mortgagor  and  mortgagee  and 
their  privies.     1  B.  R.  C.  974. 

Effect  of  agreement  to  prevent  fixtures  from 
becoming  a  part  of  realty  as 
against  prior  mortgagees.  19 
L.R.A.  444. 

Effect  of  agreement  between  landlord  and 
tenant  for  removal  of  fixtures  by  latter 
on  rights  of  mortgagee  of  premises. 
L.R.A.1915E,   826. 

Ornamental  articles.    6  B.  R.  C.  165. 

Show  cases,  shelving,  etc.  43  L.R.A. (N.S.) 
676. 

What  articles  are  included  in  term  fixtures 
as  employed  in  chattel  mortgage.  46 
L.R.A.(N.S.)  206. 

§  6,  Effect  of  retention  of  title  to,  or 
li^n  on,  chattel  sold. 

Efficacy  of  cliattel  mortgage,  see  Chattel 
Mortgage,  §  24. 

Reservation  of  title  to,  or  lien  upon,  chat- 
tel sold  to  contractor  or  materialman, 
who  attaches  it  as  a  fixture  to  realty 
of    a    third    person.      52    L.R.A. (N.S.) 
561. 
Rights  of  seller  of  fixtures,  retaining  title 
thereto     or     a     lien     thereon,     as 
against      purchasers      or      encum- 
brancers of*  the  realty.     1  B.  R.  C. 
664;    7   B.   R.   C.   207;    49   L.R.A. 
(N.S.)    396. 
Heating  apparatus  as  part  of  realty,  as  be- 
tween owner  of  realty  and  conditional 
vendor  of  apparatus.     1  B.  R.  C.  977. 

§   7.  — as  against  mortgagee  of  realty. 

Effect  of  agreement  to  prevent  fixtures  from 
becoming  part  of  realty  as  to 
mortgages.  19  L.R.A.  444. 
Rights  of  seller  of  chattel,  retaining  title 
thereto  or  a  lien  thereon,  as 
against  existing  mortgagees  of  the 
realty  to  which  it  is  affixed  by  the 
owner.  37  L.R.A.  (N.S.)  119;  1 
B.  R.  C.  664. 
As  against  subsequent  mortgagee  of  realty. 

1  B.  R.  C.  686. 
Recordation  of  lien  on  fixtures  as  personal- 
ty, as  notice  to  mortgagee  of  realtv.     1 
B.  R.  C.  691;  49  L.R.A. (N.S.)   400 


FIXTURES,  IL— cont'd 
§   8.  Machinery. 

Machinery  placed  on  land  with  intention  of 
annexing  it,  as  a  fixture  when  never 
actually  attached.     69  L.R.A.  894. 

§   9.  Miscellaneous. 

Railroad  as.     66  L.R.A.  33. 

Railroad  superstructure  as  real  or  personal 
property.     66  L.R.A.' 41. 

Gas  stoves  as  fixtures.  17  L.R.A.  (N.S.) 
699. 

Heating    apparatus    as    part    of    realty.     1  ■ 
B.  R.  C.  972. 

Ornamental  articles.     6  B.  R.  C.  161. 

Show   cases,   shelving,   etc.,  as  fixtures.     43 
L.R.A. (N.S.)   075. 

Storm  doors  and  windows  and  screens  as. 
30  L.R.A. (N.S.)    1189. 

Wharf  or  dock  as  fixture.  L.R.A.1936A, 
964. 

Cold-storage  plant  as.  30  L.R.A.  (N.S.) 
576. 

Engine  as  fixtures  when  placed  upon  the 
land  by  the  owner  of  the  realtv.  8 
L.R.A.  (N.S.)    376. 

Building  materials  placed  on  land  with  the 
intention  of  annexing  them,  but  never 
in  fact  annexed,  as  fixtures.  15  L.R.A. 
(N.S.)  727. 

Character  of  building  placed  by  consent  on 
another's  land  as  real  or  personal  prop- 
erty, in  the  absence  of  an  agreement  as 
to  its  character.     14  L.R.A. (N.S.)   439. 


FliAG. 

Statutes  against  desecration  of.     7  L.R.A. 

(N.S.)   1079. 
Validity   of   statutory   or    other   regulation 

forbidding  display  of  red  flag  or  other 

symbol     tending     to     incite     disorder. 

L.R.A.1915B,  706. 


FLAGGING. 

Mechanics'  lien  for  flagging  sidewalks,  yards, 
etc.    L.R.A.1917D,  353. 


FLAGMAN. 


At  railroad  crossing,  see  Railroads,  §§  33, 
70. 

As  fellow  servant.     52  L.R.A.  (N.S.)    1104. 
Liability  of  railroad  company  for  injury  to, 

bv    passing    trains.      48    L.R.A. (N.S.) 

150. 


FLAGSTAFF. 


Begin  with  this  hooTc  on  every  law  question. 


Municipal   liabilitv   for   injury   by   flagstaff 
in  street.     20"  L.R.A. (N.S.)    607. 


INDEX  TO  L.E.A.  NOTES. 


573 


FLAG    STATIOX. 

What  is,  within  meaning  of  fence  laws.     7 

L.E.A.  (X.S.)  207. 
Duty    of    carrier    as    to    condition    of.     39 

L.R.A.(N.S.)  558. 
Passenger's  duty  to  give  notice  of  desire  to 

stop    at.      16    L.R.A.(N.S.)     1132;    52 

L.R.A.{N.S.)   668. 


FLAG    TRAIN. 


Injury  to  intending  passenger  attempting 
to  flag  train  at  Hag  station.  24  L.R.A. 
(N.S.)  741. 


FLASH  LIGHT  POWDER. 

Inability  for  injury  to  employee  by  explo- 
sion of.    L.R.A. 1918B,  863. 


FLAT   HOUSES. 


As  violation  of  restrictive  covenant.  1  B. 
R.  C.  993;  45  L.R.A.  (N.S.)  726;  L.R.A. 
191 8C,  873. 


FLATS. 

Low  land,  see  Waters,  §  45. 

*--¥■ 


FLAXSEED  OIIj. 

Right  to  require  that  oil  offered  for  sale 
shall  answer  a  designated  standard  of 
purity.     41   L.R.A.  (N.S.)    150. 


FLIGHT. 

Homicide  in  checking  of.     67  L.R.A.  299. 
Presumption     of     guilt     from.     39     L.R.A. 

(N.S.)   58. 


♦  •» 


FLOATABLE  STREAM. 

See  Loos  and  I>ogging. 


FLOATING  LOGS. 


Right  to  use   stream    for. 
Logging,  §§  4-10. 


see    Logs    and 


FLOGGING. 


As  cruel  punishment.     35  L.R.A.  565. 
Consult  also  L.R.A.  Digests  of  Cases. 


FLOODING. 

In  general,  see  Waters,  §§  46-50,  63,  69. 

Defenses  to  municipal  liability  for  flooding 

tlirough     insufficiency     of     sewers.      01 

L.R.A.  708. 
Duty  of  owner  to  protect  his  premises  from 

flooding      through      drain      or      sewer. 

L.R.A.1918D,  371. 


FLOODS. 

Liability  for  injury  caused  by,  generally, 
see  Waters,  §  69. 

Contractor's  liability  to  replace  bridge  de- 
stroyed by  unprecedented  flood  against 
which  he  does  not  contract.  15  L.R.A. 
(N.S.)  833. 

Destruction  of  boom  or  dam  by  unprece- 
dented flood  as  affecting  liability  of 
one  under  contract  to  build  and  main- 
tain it.     35  L.R.A. (N.S.)    1109. 

Injury  by,  to  property  bailed;  presumption 
and  burden  of  proof  as  to  care  or  neg- 
ligence.   43  L.R.A. (N.S.)   1187. 

Liability  of  railroad  company  to  employees 
for  injuries  caused  by  defects  in  road- 
bed caused  or  accompanied  by  rainfall. 
49  L.R.A.  (N.S.)    198. 


FLOOD  WATER. 

See  Waters,  §§  68-71. 


FLOOR. 

Master's  liability  for  injury  sustained  by 
servant  from  falling  over  nail  or  bolt 
projecting  from  floor.  19  L.R.A. 
(N.S.)    242. 


FLOORING. 


Employee's  right  of  action  for  employer's 
violation  of  building  laws  relating  to 
flooring.  9  L.R.A. (N.S.)  378;  L.R.A. 
1915E,  541. 


FLOUR. 

Sufficiency  of  selection  or  designation  of 
part  sold  out  of  a  larger  lot.  26 
L.R.A. (N.S.)   35. 

Carrier's  right  to  make  discriminating  rate 
for  wheat  to  be  converted  into  flour  to 
be  shipped  over  its  road.  6  L.R.A. 
(N.S.)   225. 


574 


INDEX  TO  L.R.A.  NOTES. 


FLOUR  DUST. 

Keeping  of,   on   insured   premises,     L.R.A. 
1917C,  278.    • 


FLOWAGE. 


See  Watebs,  §§  46-50,  61. 
^—-^ — 


FliUMES. 

Conveyance  of  right  in,  by  grant  of  water 
power.     67   L.R.A.   386. 


FLYING   SPLINTERS. 

Master's  liability  for  injury  by,  see  Master 
AND  Servant,  §  82. 


FLYING  SWITCH. 

Negligence  in  making.  18  L.R.A.  63 ;  L.R.A. 
1916C,  1033. 

Violation  of  police  ordinance  as  to,  as 
ground  for  private  action.  5  L.R.A. 
(N.S.)    242. 

Violation  by  servant  of  rule  adopted  by 
railway  company  as  evidence  of  neg- 
ligence toward  one  other  than  servant 
injured  from  flying  switch.  L.R.A 
1917C,  805. 


FOAL. 

Title  to  foal  of  mare  sold  conditionally. 
L.R.A.  82. 


17 


F.   O.  B. 

Effect  of  contract  to  ship  goods  F.  O.  B.,  see 
Sale,  §  42. 

Which  party  is  to  furnish  cars  under  con- 
tract to  ship  goods  F.  O.  B.  6  L.R.A. 
(N.S.)  928;  L.R,A.1917A,  1163. 


FODDER. 


Sufficiency  of  delivery  of,  on  sale  out  of  a 

larger  lot.     26  L.R.A.  (N.S.)    3L 
Liability  of  vendor  in  cases  of  tort  for  sale 

of  unwliolesome   fodder  for  cattle.     21 

L.R.A.  140. 
Fodder   furnished   contractor   for   teams   as 

material,   giving   lien   on   railroad.     15 

L.R.A.(N.S.)   509. 
Begin  with  this  booTc  on  every  latv  question 


!  FOG. 

Effect  of,  on  question  of  negligence  in  run- 
ning train  at  speed  preventing  stop- 
page within  distance  disclosed  by  head- 
light.    39  L.R.A.  (N.S.)   980. 


■♦♦♦■ 


FOLLOWING  DECISIONS. 

Of  other  courts,  see  Courts,  X. 

#  •  » 

FOLLOAVING  TRUST  PROPERTY. 
See  Trusts,  §  37. 

♦-•-♦ 

FOLLOWING  VEIN. 
In  mine,  see  Mines,  §  8. 


FOOD. 

/.  In  general,  §§   1-5. 
II.  Particular  articles  of  food,  §§  6-9. 

I.  In  general. 

§   1.  Generally. 

Constitutionality  of  statutes  regulating, 
see  Constitutional  Law,  §§  94,  95. 

Implied    warranty    on    sale   of.     22    L.R.A. 
195 
Of     fitness.        15     L.R.A.  (N.S.)      884; 

L.R.A.1917F,  472. 
Of  fitness  of  animals  sold  for  slaughter. 
L.R.A.1917D,  823. 

Husband's  liability  for  food  furnished  wife. 
65  L.R.A.  530;  47  L.R.A.  (N.S.)  279. 

As  a  family  expense  or  necessary  within 
statute  rendering  wife  or  har  propertv 
liable  therefor.     L.R.A.1917F,  861. 

Municipal  regulation  as  to  nuisance  affect- 
ing.    38  L.R.A.  335. 

Validity  of  statute  or  ordinance  for  de- 
struction of  food  products  below  pre- 
scribed standard  or  unfit  for  use.  29 
L.R.A.  (N.S.)   260. 

Right  to  regulate  time  of  payment  there- 
for as  incident  to  authority  to  make 
rules  and  regulations  as  to  testing 
foods.     39    L.R.A. (N.S.)     686. 

Regulation  of  price  of  food  as  valid  exer- 
cise of  the  war  power.     7  B.  R.  C.  663. 

Injunction  against  acts  of  food  commission- 
er which  affects  sale  of  foods.  ]5 
L.R.A. (N.S.)    331. 

Validity  of  sale  of,  in  violation  of  law.  12 
L.R.A.  (N.S.)   597. 

Applicability  of  Sunday  laws  to  sale  of 
food  and  refreshments.  L.R.A. 1917C, 
381. 

Sale  and  delivery  of  food  stuffs  on  Sunday 
as  a  work  of  necessity.  18  L.R.A. 
(N.S.)    617. 


INDEX  TO  L.R.A .  NOTES. 


676 


FOOD,  I.— cont'd 

Constitutionality  of  discriminations  in 
statutory  regulations  concerning  food 
products.     34   L.R.A. (N.S.)    650. 

Combination  among  produce  buyers  as  mo- 
nopoly.    ]2  L.R.A. (N.S.)    150. 

Validity  of  state  inspection  laws  as  applied 
to  commodities  in  interstate  commerce. 
L.R.A.1916D,   196. 

Agent's  criminal  responsibility  for  sale  of 
articles  of  food  that  do  not  comply  with 
statutory  requirements.  L.R.A.1918D, 
726. 

Modification  of  food  products  as  manufac- 
turing within  tax  exemption  provisions. 
L.R.A.1917A,  53. 

What  is  included  within  exemption  of  pro- 
visions and  food.     L.R.A.1916B,  788. 

.Mechanics'  lien  for  food  for  men  and  teams 
consumed  in  process  of  work.  15  L.R.A. 
(N.S.)  509;  L.R.A. 1915E,  989. 

Action  on  contractor's  bond  for  cost  of  food 
supplies.     43  L.R.A. (N.S.)    169. 

Action  on  contractor's  bond  for  cost  of 
food   for  teams.     L.R.A.1915F,  953. 

Disparaging  quality  of  food  sold  or  manu- 
factured as  iibeL  48  L.R.A.  (N.S.) 
1216. 

§    2.  Adulteration  of. 

Criminal  liability  for  adulteration  of,  by 
servant,  agent,  or  partner.  41  L.R.A. 
656. 

State  reQ;ulations  as  affected  by  Federal 
pure  food  law.     47  L.R.A. (N.S.)   985. 

Statutes  as  to  adulteration  of  vinegar.  49 
L.R.A.  (N.S.)   1209. 

What  constitutes  adulteration  within  the 
food  and  drugs  act.  L.R.A.1915B, 
774. 

Color  or  flavor.  25  L.R.A. (N.S.)  1234; 
L.R.A.1915B,  780. 

Prohibition  of  adulteration  of  milk.  1 
L.R.A.(N.S.)    928;   L.R.A.1917C,  248. 

Right  to  require  that  articles  offered  for 
sale  shall  answer  a  designated  stand- 
ard of  purity.     41  L.R.A.  (N.S.)    149. 

Agent's  criminal  responsibility  for  sale  of 
adulterated  food  products.  L.R.A. 
1918D,  726. 

§   3.  I^abelins  of. 

Validity  of  police  regulation  requiring 
labeling  of  food.  1  L.R.A.(N.S.)  184; 
40  L.R.A.(N.S.)    875. 

Does  requirement  of  pure  food  laws  as  to 
labeling  apply  to  small  retail  packages 
taken  from  original  package  of  the 
manufacturer.     25  L.R.A. (N.S.)    616. 

Statutes  as  to  misbranding  of  vinegar.  49 
L.R.A.(N.S.)   1210. 

§   4.  ^Misbranding. 

Validity  of  police  regulations  as  to  brand- 
ing articles  of  food.  1  L.R.A. (N.S.) 
184;  40  L.R.A. (N.S.)   875. 

Instigation  of  oflfense  of  misbranded  food  as 
defense  to  prosecution.  30  L.R.A. 
(N.S.)  953. 

State  regulations  as  affected  by  Federal 
pure  food  law.     47  L.R.A. (N.'S.)  985. 

Consult  also  L.R.A.  Digests  of  Cases. 


FOOD,  I.— cont'd 

Statute  as  to  misbranding  of  vinegar.     49 

L.R.A.  (N.S.)   1210. 
What  constitutes  misbranding  within   pure 

food  and  drugs  laws.    L.R.A.1916D, 

169. 


§  5.  Liability  for  injury  by  nnwliole- 
someness  of,  or  defects  in. 

Liability  of  packer  or  vendor  to  person  not 
in  privity  for  injury  from  defects  in 
articles  of  food.  19  L.R.A.  (N.S.)  923; 
48  L.R.A. (N.S.)  219;  L.R.A.  1916B, 
880. 

Liability  of  vendor  in  cases  of  tort  for  sale 
of  unwholesome  food  or  drug.  21 
L.R.A.  139. 

Liability  for  serving  unfit  food.  40  L.R.A. 
(NiS.)   480;  L.R.A.1915B,  481. 

Liability  of  seller  for  damage  to  live  stock 
by  improper  food,     L.R.A.1916B,  1108. 


II.  Particular  articles  of  food. 

§   6.  Bread. 

Legislative  power  to  fix  price  of  bread.     33 

L.R.A.   182. 
Power  to  regulate  location  or  condition  of 

bakeries.     26  L.R.A  (N.S.)    842: 
Validity  of  regulations  as  to  weight  of  loaf 

of  bread.    44  L.R.A. (N.S.)  632. 

§   6a.  Ice  cream. 

Regulations  affecting  ice  cream.  41  L.R.A. 
(N.S.)   150;  L.R.A.1917B,  207. 

§   7.  Meat. 

Validity  of  state  statute  regulating  in- 
spection of  meat  which  is  subject  of 
interstate  commerce.  27  L.R.A. (N.S.) 
677. 

Agent's  criminal  responsibility  for  sale  of 
meat  that  does  not  comply  with  statu- 
tory requirements.     L.R.A.1918D,  726. 

§    8.   Millc. 

Constitutionality  of  statutes  regulating,  see 

CONSTrTUTIONAL  Law,  §   95. 
License  of  peddler,  see  License,  §  34. 

Validity  of  regulations  as  to  milk.  L.R.A. 
1917C,   243. 

Validity  and  construction  of  regulations  as 
to  infected  milch  cattle.  43  L.R.A. 
(N.S.)   1072. 

Agent's  criminal  responsibility  for  sale  of 
milk  not  complying  with  statutory  re- 
quirements.    L.R.A.1918D,  726. 

§   9.   Oleomargarin. 

Use  of  coloring  matter  in,  as  adultei'ation. 

25  L.R.A.  (N.S.)   1234. 
Constitutionality      of      discrimination      in 

statutory     regulations    concerning.     34 

L.R.A. (N.S.)    651. 
Ignorance  that  article  furnished  as  butter 

is     oleomargarin     as     a     defense.       32 

L.R.A.(N.S.)   746. 


676 


INDEX  TO  L.R.A.  NOTES. 


FOOD,  II.— cont'd 

Applicability  of  oleoma  rgar  in  statutes 
where  resemblance  to  butter  results 
from  choice  of  ingredients,  and  not 
from  the  introduction  of  foreign  color- 
ing matter.  14  L.R.A.  (N.S.)  10G2; 
L.R.A.1915A,  757. 

Validity  of  police  regulations  as  to  brand- 
ing or  labeling.     40  L.R.A. (N.S.)    879. 

Agent's  criminal  responsibility  for  sale  of 
oleomargarin  in  violation  of  statute. 
L.R.A.1918D,  726. 

§    10.  Vine-ar. 

Constitutionality  and  construction  of  stat- 
utes in  relation  to  vinegar.  49 
L.R.A.(N.S.)    1206. 


FOKBEARAXCE— cont'd 

Merc  forbearance  to  sue  as  consideration 
for  promise  bv  third  person  to  pav  ex- 
isting obligation.  19  L.R.A.(N.S.) 
842. 


FOOD  COMMISSIONER. 

Injunction  against  acts  of  food  commis- 
sioner which  affect  sale  of  foods.  15 
L.R.A. (N.S.)  331. 


FOOT   AND   MOUTH   DISEASE. 

Liability  of  carrier  for  loss  of  livestock  by, 
contracted    during   transit.     26   L.R.A. 

(N.S.)  712. 


FOOTPATH. 


Liability  for  dangerous  condition  of  prem- 
ises across  which  footpath  is  allowed. 
26  L.R.A.  688. 

Use  of,  by  bicyclists.     47  L.R.A.  296. 

Nondelegability  of  duty  to  protect  servant 
from  defects  in.    54  L.R.A.  77. 

Employer's  liability  for  injuries  due  to  acts 
of  independent  contractor  in  delivering 
goods  through  openings  in.  65  L.R.A. 
844. 


FOOTPRINTS. 


Right  of  witness  to  express  opinion  as  to. 
L.R.A. 191 8A,  732. 


FORAGE. 

Validity  of  sale  of,  in  violation  of  law. 
L.R.A.(N.S.)  597. 


]2 


FORBEARANCE. 


FORCE. 

As  element  of  assault  and  battery,  see  As- 
sault ANu  Baitery,  §  2. 

In  recapture  of  property,  see  Assault  and 
Battery,  §  5. 

What  force  sufficient  to  constitute  robbery, 
see  Robbery,  §  5. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  696. 

Homicide  by  use  of  undue  force  in  making 
arrest.     67  L.R.A.  297. 

Effect  of  fact  that  intercourse  was  accom- 
plished by  force  to  defeat  action  for 
seduction.     18   L.R.A. (N.S.)    587. 

Bailee's  right  to  assert  against  bailor  hos- 
tile, adverse,  paramount  title  of  third 
Eerson  where  property  is  taken  from 
im  by  force.     33  L.R.A.(N.S.)    688. 


FORCED  MARRIAGE. 

Cohabitation   as   ratification  of.     27   L.R.A. 
(N.S.)    805. 


FORCIBLE  DISPOSSESSION. 

Liability  of  landlord  for  damages  for  forci- 
bly dispossessing  tenant  after  expira- 
tion of  term.     11  L.R.A, (N.S.)  468. 


Release  of  surety  by,    see    Principal    and 

Surety,  §§  14-16. 
Begin  ivith  this  hooK-  oi:  cverti  law  question 


FORCIBLE  ENTRY  AND  DETAINI:R. 

§    1.  Generally. 

Recovery  of  possession  from  tenant,  see 
Landlord  and  Tenant,  §§  94,  95. 

Availability  of  defense  of  equitable  estop- 
pel in  action  of.     49  L.R.A. (N.S.)   778. 

Injunction  against  dispossession  in  case  of. 
30  L.R.A.  129. 

Judgment  against  plaintiff  in  forcible  entry 
and  detainer  involving  boundary  as  es- 
tablishing boundary  claimed  by  de- 
fendant.     38   L.R.A. (N.S.)    1024. 

Denial  of  tenancy  as  waiver  of  notice  to 
quit,  or  of  demand  of  possession.  25 
L.R.A.  (N.S.)   104. 

Right  to  prove  fraud  in  title  in  proceedings 
of  summary  nature  to  recover  posses- 
sion of  property  demised.  11  L.R.A. 
(N.S.)    260. 

§    2.  What  constitutes. 

Merc  display  of  invalid  process  without  ac- 
tual force  or  threats,  as  ground  of  ac- 
tion of  forcible  entry  and  detainer.  37 
L.R.A.  (X.S.)   600. 


INDEX  TO  L.R.A.  NOTES. 


577 


FORCIBLE    ENTRY    AND    DETAINER— 

cont'd 
§   3.  Who  may  maintain. 

Right  of  one  who  was  in  peaceable  posses- 
sion to  maintain  forcible  entry  and  de- 
tainer against  another  entitled  to  pos- 
session, who  forcibly  dispossessed  hira. 
8  L.R.A.  (N.S.)  426;  32  L.R.A.  (N.S.) 
51;    L.R.A.1918B,   G70. 

Eight  of  tenant  to  maintain  action  to  secure 
possession.    L.R.A. 1918A,  56. 

§   4.  Liability   for. 

Liability  of  landlord  who  brings  an  un- 
founded action  to  dispossess  tenant. 
L.R.A.1918C,  323. 

ILandlord's  liability  to  tenant  for  forcible 
expulsion  after  termination  of  tenancy. 
16  L.R.A.  798. 

Civil  liability  for  assault  in  regaining  pos- 
session of  land  by  one  entitled  to  pos- 
session.    17   L.R.A.(N.S.)    455. 


FORCIBLE  EXPULSION. 

Of    tenant    after    termination    of    tenancy, 
landlord's  liability  for.     16  L.R.A.  798. 


FORD. 

Liability   for   loss   of    life   or   property    at 
ford.     46  L.R.A.(N.S.)    229. 


^•» 


FORECLOSURE. 

Of  mortgage,  see  Moetgage,  VII. 

♦-•-♦ 

FOREIGN  ATTACHMENT. 

Attachment  generally,  see  Attachment. 

Against    executor    or    administrator.      47 
L.R.A.  356. 


FOREIGN  CARS. 


Master's  duty  as  to  inspection  of.    41  L.R.A, 

lOi. 
Attachment  or  garnishment  of.     64  L.R.A. 

501;     16     L.R.A.  (N.S.)     1026;     L.R.A. 

1915D,  838. 


FOREIGN   CHARITIES. 

Validity  of  bequest  for.     37   L.R.A. (N.S.) 
999. 


FOREIGN  CORPORATIONS. 

See  CoKPORATioNS,  XL 

Consttlt  also  L.R.A.  Digests  of  Cases. 


FOREIGN   COUNTRY. 

Admiralty  jurisdiction  of  things   done  in. 
66  KR.A.  197. 


FOREIGNER. 


As  to  aliens,  see  Aliens. 

As  to  nonresidents,  see  Nonresidents. 

Duty  of  master  as  to  instructing  and  warn- 
ing servant  unable  to  understand  Eng- 
lish.    23  L.R.A. (N.S.)    296. 

Liability  of  master  as  affected  by  inability 
of  fellow  servant  to  understand  Eng- 
lish.    20  L.R.A. (N.S.)   39. 

Admiralty  jurisdiction  of  contracts  between. 
66  L.R.A.  238. 


FOREIGN  EXECUTORS  AND  ADMIN- 
ISTRATORS. 

See  Executors  and  Administrators,  §§  60, 
61. 


FOREIGN  GUARDIAN. 

Necessity  of  bond  to  make  acts  of,' valid. 
33  L.R.A.  760. 


^  •» 


FOREIGN  INSURANCE  COMPANY. 

See  Insurance,  §§  6-8. 

♦-»♦ 

FOREIGN   JUDGMENT. 

See  Judgment,  §§  66-73. 


FOREIGN  JURISDICTION. 

Malicious  prosecution  in  bringing  civil  ac- 
tion in.    L.R.A.1917B,  752. 


FOREIGN  LANGUAGE. 

Publication  of  official  notices  in.  14  L.R.A. 
64. 

Sufficiency  of  indictment  for  forging  instru- 
ment written  in  a  foreign  language. 
31  L.R.A.  (N.S.)   226. 

Unfair  competition  by  adoption  of  descrip- 
tive word  from.     32  L.R.A. (N.S.)  443. 


FOREIGN  LAWS. 


Application  of,  see  Conflict  of  Laws. 
Judicial  notice  of,  see  Evidence,  §  3. 


37 


578 


INDEX  IX)  L.R.A.  NOTKS. 


FOREIGN  LAWS— cont'd 

Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  20. 
Oral  proof  of,  see  Evidence,  §  119. 

Mistake  as  to  law  of  another  state  or  coun- 
try as  one  of  law  or  of  fact.  46  L.R.A. 
(N.S.)   174. 

False  representation  of,  as  basis  for  fraud 
action.      L.R.A.1915A,    675. 


FOREIGN  MARRIAGES. 

Presumption  as  to.     16  L.R.A.  (N.S.)    101. 

^•» 

FOREIGN   MONEY. 

As  medium  of  payment,  see  Payment,  §  10. 

Negotiability  of  note  payable  in.    20  L.R.A. 

481. 


FOREIGN   PORT. 


Maritime  lien  for  supplies  furnished  in.  70 
L.R.A.  399. 

What  ports  are  foreign  for  purposes  of  mar- 
itime lien.     70  L.R.A.  412. 


FOREIGN   RECEIVERS. 

See  Receivers,  §  27. 


FOREIGN  REPRESENTATIVES. 

SeeJ5xECUT0RS  a^^d  Administrators.  §§  60, 
61. 


FOREIGN   SOVEREIGN. 

Jurisdiction  of  suit  against.     16  L.R.A.  (N. 
S.)  276. 


FOREIGN    WILIiS. 

Probate  of,  see  Wills,  §  56. 

■ ♦-»♦ — 

FOREIGN  WORD. 
As  trademark,  see  Trademarks,  §  2a. 


FOREMAN. 


FOREMAN— cont'd 

Necessity  that  return  of  indictment  be  made 

by  foreman  of  grand  jurv.     26  L.R.A. 

(N.S.)    684. 
Authority    of,    to   contract    for    services    of 

other '  persons.     L.R.A.1918F,   58. 
Duty  of  foreman  to  warn  track  emplo3'ee* 

of   approach    of   train   or   car.     L.R.A. 

IDIOF,  .KiO. 
Grounds   or   justification   for   discharge   of. 

L.R.A.191SC,   1030. 


♦  ♦♦■ 


FORESTER. 

Right  of  woman  to  be.     38  L.R.A.  211. 

^—-^ 

FOREST   RESERVATION. 

See  Public  Lands,  §  6. 


FORFEITURE. 


As  fellow  servant,  see  Master  and  Serv- 
ant, III.  d,  3. 
Begin  xiHth  this  hooTc  on  every  laiv  question 


§    1.  Generally. 

Of  bail  bond,  see  Bail  and  Recognizance, 
§  10. 

Of  charter  or  francliise  of  corjjorations,  see 
Corporations,  IX. 

For  breach  of  condition  subsequent,  see  Con- 
ditions, §§  7,  11. 

For  breach  of  covenant,  see  Covenants, 
§§  20,  24. 

Effect  of  pardon  on,  see  Criminal  Law, 
§  89. 

Effect  of  the  use  of  the  word  "forfeiture" 
upon  penalty  or  liciuidated  damages. 
50   L.R.A.  (N'.S.)    S!)0. 

As  cruel  and  unusual  punishment.  35 
L.R.A.  569;   L.R.A.1915C,  565. 

Compulsorv  evidence  asrainst  one's  self  in 
case  of.    29  L.R.A.  ^813. 

Garnishment  of  claims  subject  to.  5J> 
L.R.A.  365. 

Effect  of  pardon  on.     15  L.R.A.  395. 

Validity  of  promissory  note  given  as  for- 
feit to  an  invalid  oral  agreement  with- 
in  statute   of   frauds.      18   L.R.A.   142. 

Judgment  in  criminal  action  as  bar  to  civil 
action  to  enforce.  11  L.R.A.  (N.S.) 
667. 

Jurisdiction  of  equity  wlien  only  relief 
sought  is  injunction  or  receiver  to  pre- 
serve status  quo  pending  action  before 
other  tril)unal  to  enforce  a  forfeiture. 
38  L.R.A.  (N.S.)   231. 

§   2.  In  what  ca.ses. 

In   case   of   partly   performed    contract   for 

services.     24'L.R.A.  231. 
For  taking   or  reserving  of   illegal    interest 

by  national  bank.     56  L.R.A.  673. 
On  conditional  sale.     32  L.R.A.  469. 
For    violation    of   revenue   laws.      2    L.R.A. 
X.S.)    185. 


INDEX  TO  L.R.A.  NOTES. 


679 


FORFEITURE— cont'd 

Forfeiture  of  rights  or  interests  of  innocent 
persons  in  property  used  in  viola- 
tion of  law.     L.R.A.IOIGE,  343. 

Forfeiture  of  personal  property  used  in  vio- 
lation of  the  game  or  fish  laws. 
L.R.A.1916F,   913. 

For  nonpayment  of  taxes,  necessity  and 
sufficiency  of  notice.     L.R.A.1910E,  39. 

§  3.  Of  particular  rights,  privilege,  or 
l)ro|)erty. 

Of  eharter  or  franchise  of  corporations,  see 

COKI'ORATIONS,    IX. 

Of  fianciiiae  rrenerally,  see  Franchises,  §  5. 

Of  corporate  stock,  see  Corporatioxs,  §  72. 

Equitable  relief  against  forfeiture  of  es- 
tate, see  1":quity,  §  18. 

Of  gift,  see  Gift.  §  16. 

Of  insurance  policy,  see  Insurance,  §  106- 
108. 

Of  liquor  license,  see  INTOXICATING  Li- 
quors. §  15. 

Of  lease  generally,  see  Landlord  and  Ten- 
ant, §§  34,  35. 

Of  license  of  private  person,  see  License, 
§§  10,  11. 

Of  mining  location,  see  Mines,  §§  23,  26. 

Of  oil  and  gas  lease,  see  Mines,  §  38. 

Provision  in  will  for  forfeiture  by  contest- 
ing same,  see  Wills,  §  86. 

Relief  against  forfeiture  for  noncompliance 
with  condition  in  will,  see  Wills,  §  90. 

Of  right  to  standing  timber  conveyed  with* 
out  conveving  title  to  the  land.  55 
L.R.A.  525. 

Of  rights  in  water  by  nonuser.  41  L.R.A. 
758. 

Of  railway  grant  for  cutting  of  timber.  70 
L.R.A.  882. 

Of  corporate  stock.     27  L.R.A.  305. 

Of  gifts  made  to  secure  location  of  public 
buildings,  etc.     13  L.R.A.   698. 

Of  copartner's  right  to  compensation  for 
services.     17  L.R.A.(N.S.)    415. 

Of  master's  right  to  earnings  of  employee 
l)v  failure  to  assert.  5  L.R.A.  (N.S.) 
1169. 

Of  license  by  aiding  infringement  of,  or  at- 
tempt to  defeat  patent.  37  L.R.A.  (N. 
8.)   821. 

Of  property  found  in  bawdyhouse.  52 
L.R.A. (N.S.)    932. 

Validity  of  statute  or  ordinance  providing 
for  forfeiture  of  liquor  license  upon 
conviction  for  violation  of  la\y  irre- 
spective of  appeal.  29  L.R.A. (N.S.) 
417. 

Of  payment  to  building  and  loan  associa- 
tions.    29  L.R.A.   131. 

Effect  of  default  in  payment  followed  by  re- 
scission, as  forfeiture  of  pajments  al- 
ready made.     3  L.R.A.  (N.S.)   785. 

Conviction  as  a  condition  of  forfeiture  of 
weapons.     4  L.R.A.  (X.S.)    358. 

Necessity  of  calling  accused  and  entering 
his  default  in  order  to  sustain  forfei- 
ture of  recognizance.  5  L.K.A.(X.S.) 
402. 

Consult  aiso  L.R.A.  Digests  of  Cases. 


FORGERY. 

/.  Forgevy  as  a  vvimc,   §§    1-0. 
a.  In  general,   §§    1-4. 
h.   What  eonstittites,   §§  5,   6. 
e.   What  subject  of,  §§    1-9. 
II.  Civil    rights    arising   from    forgery, 
§§    lO,    11. 

I.  Forgery  as  a  crime. 
a.  In   general. 

§    1.  Generally. 

Indictment  for,  see  Indictment;  Informa- 
tion, AND  Compl.mnt.  §  20. 

Committing  forgery  as  affecting  the  offense 
of  obtaining  money  or  goods  by  false 
pretenses  or  confidence  game.  L.R.A. 
1918F,  242. 

What  connection  with  or  participation  in 
forgerv  is  suflicient  to  render  one  guilty 
of  forgery.     L.R.A. 1916F,  1254. 

Criminal  liability  for  agent's  act  in.  41 
L.R.A.  652.  ■ 

Instigation  to  put  away  forged  instru- 
ments.    25  L.R.A.  345. 

Necessity  and  sivfficiency  of  description  of 
offense  in  bail  bond  or  recognizance. 
38  L.R.A. (N.S.)   321. 

Necessity  of  setting  out  copy  of  forged  in- 
strument in  indictment.  31  L.R.A. (N. 
S.)  215. 

Necessity  of  naming  person  to  whom  in- 
strument was  passed.  .31  L.R.A. (X.S.) 
1046. 

Illegal  intent  of  prosecutor  as  affecting 
guilt  of  obtaining  propertv  by  arrest 
for.      17   L.R.A. (X.S.)    277'.. 

Effect  of  misspelling  name  of  peivon  whose 
signature  is  cliarged  to  liave  been 
forged.     27  L.R.A. (X.S.)    1003. 

Acquittal  of  larceny  as  bar  to  prosecution 
for  forgerv  in  same  trajisactioii.  4 
L.R.A. (X.S.)    402. 

What  intoxication  will  excuse.  3C  L.R.A. 
470. 

Presumption  as  to  time  of  alteration  in 
written  instrument.  39  L.R.A.  (X.S.) 
100. 

§   2.  Several  offense.s  from  one  act. 

Several  offenses  growing  out  of  saine  facts. 

31  L.R.A. (X.S.)    725,  730. 
Conviction  and  punishment  of  both  forging 

and   uttering    in   one   prosecution.      16 

L.R.A. (X.S.)   561. 

§  3,.  —  forgery  of  different  instriiinents 
at  one  t!nie  as  one  or  more  crimes. 

Uttering..  61  L.R.A.  819. 

Possession     of     forged      instrunients.        61 

L.R.A.  820. 
Forging,      and      uttering      foi"ged,      inetru» 

ments.     61  L.R.A.  821. 
Forgery.     61  L.R.A.  822. 

§   4.  Evidence. 

Proof  of  corpus  delicti  in   prosecution  for. 

68  L.R.A.  56,  70,  71,   72. 
Evidence  of  other  crimes  in  prosecution  for. 

62   L.R.A.   224,   24!'.   289,  379,   324;    43 

L.R.A.(N.S.)    754. 


580 


INDEX  TO  L.R.A.  NOTES. 


FORGERY,  I.  a— cont'd 

Admissibility,  upon  issue  of  forger j,  of 
declarations  .out  of  court  by  person 
wbose  name  is  cbarged  to  bave  been 
forged.     28   L.R.A.  (N.S.)    240. 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence.    69  L.R.A.  204. 

b.  What  constitutes. 

%  5.  Generally. 

Necessity  and  degree  of  similitude  essential 
to  forgery.    L.R.A.1918B,  1192. 

VVhat  constitutes  uttering  or  publishing. 
8  L.R.A. (N.S.)   1175. 

Bv  raising  amount  of  negotiable  paper.    22 

■  ■     L.R.A.  686. 

By  false  assumption  of  authority  in  sign- 
ing another's  name  as  agent  for  him. 
31  L.R.A.  831. 

Fraudulently  procuring  genuine  signature 
as  forgery.    26  L.R.A. (N.S.)   138. 

Is  the  making  of  a  false  instrument  within 
a  criminal  statute  directed  against  the 
false  making  of  an  instrument.  5 
L.R.A.(N.S.)    375;    L.R.A.1918C.    1195. 

Deed  signed  under  false  impression  induced 
by  fraud  as  to  its  contents  or  charac- 
ter as  a  forgery.    36  L.R.A. (N.S.)   540. 

(Of  recommendations  or  letters  of  introduc- 
'         tion;    1  L.R.A.(N.S.)  730. 
5  ■ 

g  6.  Making  or  altering  mere  memo- 
randum. 

The  general   rule.     54   L.R.A.   794. 
Application   to   particular   kinds   of   memo- 
randa.    54  L.R.A.  795. 

c.  What  subject  of. 

§   7'.  Generally. 

Order  for  goods  in  carrier's  possession  as 

subject    of    forgery.      32    L.R.A. (N.S.) 

338. 
Testimonial  as  to  character.     4  L.R.A.  (N. 

S.)    1128. 

§  8.  Worthless  instruments. 

The  general  rule.    24  L.R.A.  33. 

What  constitutes  legal  efficacy.  24  L.R.A. 
34. 

'Instruments'  void  on  their  face.  24  L.R.A. 
38.  ' 

Efficacy  which  is  apparent  only.  24  L.R.A. 
'     36. 

Real  efficacy-  not  apparent.     24  L.R.A.  42. 

Instruments  requiring  further  steps  to  per- 
fect them.     24  L.R.A.  43. 

Naked  and  conditional  promises.    24  L.R.A. 

Instruments    not    in    statutory    form.      24 

•     L.R.A.  44. 
Prohibited  instruments.    24  L.R.A.  44. 
Unstamped  instruments.     24  L.R.A.  44. 
Instruments    executed    in    fictitious    name. 
24  L.R.A.  45. 


'request." 


As 


8  ,9.  Order  or  request  for  goods. 

Distinction  between  "order"  and  "r& 

32  L.R.A. (N.S.)    327. 
Defective  .  instruments.       32     L.R.A.  (N.S.) 

334. 
Begin  with  this  boolc  on  evern  law  question 


FORGERY— cont'd 
//.  Civil  rights  arising  from  forgery. 

§    10.  Generally. 

Alteration  of  instruments  generally,  see  Al- 
teration OF  Instruments. 

Payment  by  bank  of  forged  check  or  in- 
dorsement thereof,  see  Banks,  §§  24, 
25,  29. 

Use  of  fictitious  name  in  commercial  paper, 
see  Bills  and  Notes,  §  13. 

Note  payable  to  impostor,  see  Bills  and 
Notes,  §  14. 

Liability  on  forged  paper,  see  Bills  and 
Notes,  §  16. 

Indorsement  of  forged  paper,  see  Bills  and 
Notes,  §  32a. 

Forgery  of  check  generally,  see  Checks, 
§   12. 

Forged  issue  of  corporate  stock,  see  CoB- 
PORATIONS,    §   69. 

Of  receipt,  see  Receipt,  §  2. 

Liability  for  transmitting  or  delivering 
forged  telegram,  see  Telegraphs,  §  16. 

Forgery  as  ground  for  injunction  against 
judgment.      31    L.R.A.   756. 

Liability  of  corporation  for  forgery  by  its 
officers  in  issue  of  stock.  19  L.R.A.- 
331. 

Liability  as  between  corporation  and  one 
acting  in  good  faith  to  "whom  it  issues 
new  certificate  of  stock  on  forged  au- 
thority.    2    B.   R.   C.   528. 

Liability  of  telegrapli  company  for  trans- 
mission or  delivery  of  forged  message. 
65  L.R.A.  805. 

Right  of  alleged  fraudulent  grantee  to  show 
that .  judgment  against  grantor  was 
based  on  forged  instrument.  67  L.R.A. 
601. 

As  affecting  question  whether  commercial 
paper  operates  as  payment  of  debt.  35 
L.R.A.  (N.S.)   72. 

Transfer  of  stock  in  reliance  on  forged  cer- 
tificate.    45  L.R.A.(N.S.)    1077. 

Effect  of  forgery  on  registration  of  title 
under  the  Torrens  Law.  L.R.A.1916D, 
74. 

§  11.  Ratification  of  forged  instru- 
ment. 

Conflict  of  authority.  36  L.R.A.  (N.S.) 
1007. 

Receiving  proceeds  of  forgery.  36  L.R.A. 
(N.S.)   1017. 

Of  forgery  of  signature  on  commercial  pa- 
per. *36  L.R.A.  539. 

Paying  interest  on  forged  mortgage  as  es- 
toppel to  question  the  mortgage.  41 
L.R.A.{N.S.)    740. 


FORGETFULNFSS. 


Right  to  recover  back  overpayment  made  in 
forgetfulness  of  previous  payments.  24 
L.R.A. (N.S.)-  519. 

excuse  for  contributory  negligence  of 
person  injured  by  defect  in  street.  21 
L.R.A.(N.S.)  65f;  48  L.R.A.  (N.S.)  637. 


INDEX  TO  L.R.A.  NOTES. 


581 


FORGETFULNESS— cont'd 

Of  obstacle  or  defect  as  contributory  negli- 
gence.    39  L.R.A.(N.S.)    896. 

Contributory  negligence  in  failing  to  re- 
member dangerous  conditions.  41 
L.R.A.(N.S.)    79. 

As  ground  for  sotting  aside  default  judg- 
ment.   43  L.R.A.(N.S.)  930. 

By  trainman,  of  danger  of  injury  from  over- 
head structures.     47  L.R.A.(N.S.)    494. 

Proof  of  will  where  attesting  witnesses 
have  forgotten  circumstances  attend- 
ing its  execution.  51  L.R.A.  (N.S.) 
927. 


FORKS. 

Master's  liability   for  injury  by  defect  in. 
13  L.R.A.  (N.S.)   678. 


FORMAL   REQUISITES. 

Of  contract,  see  Contracts,  §§  25-59. 
Of   indictment,   see  Indictment,  Informa- 
tion, AND  Complaint,  §§  10-12. 


FORMA  PAUPERIS. 

Right  to  sue  in  forma  pauperis  at  common 

law   or    in    the   absence    of    a    statute. 

L.R.A.1918B,  319. 
Right  of  executor  or  adrninistrator  to  sue, 

defend,   or   appeal   in  forma  pauperis. 

68  L.R.A.  418.       " 


FORMER  CONVICTION. 

See  Previous  Conviction. 


FORMER  JEOPARDY. 

See  Criminal  Law,  §§  59-64. 


FORMER   OWNER. 

Admissibility   of   declarations   of,   see   Evi- 
dence, §  233. 


FORMER  SUIT  PENDING. 

As  ground   of   abatement,   see   Abatement 
AND  Revival,  §§  5-7. 


FORMER  TESTI3IONy. 

See  Evidence,  §§  243-245. 

Consult  also  L.R.A.  Digests  of  Cases. 


FORM  OF  ACTION. 

See  Action  or  Suit,  §§  5,  6. 


FORMULA. 


Payment  for   corporate   stock   with   unpat- 
ented formula.     16  L.R.A. (N.S.)    520. 


-*--tt~ 


FORNICATION. 


Actionability  of  words  charging,  see  Libel 

and  Slander,  §  12. 
See  also  Adultery. 

Evidence  of  other  crimes  in  prosecution  for. 

62  L.R.A.  329. 
Truth  of  charge  of,  as  a  defense  to  a  civil 

action  for  libel  or  slander.     31  L.R.A. 

(N.S.)    146. 
Cruel    and    unusual    punishment    of.      35 

L.R.A.  572. 
Former  jeopardy  in  case  of.    L.R.A.1915A, 

256. 
Acquittal  of  one  of  the  parties,  as  bar  to 

prosecution    of    the    other.      49    L.R.A. 

(N.S.)   479.  .       . 


FORTHCOMING  BOND. 

See  Levy  and  SpzuRE,  §  16. 


FORTUNE   TELLING. 

Prohibition  of  fortune  telling  and  kindred 
superstitions.  43  L.R.A.  (N.S,) 
203. 

•-•-♦ 


FORUM  NON  CONVENIENS. 

Right  of  court  to  decline  jurisdiction  of  suit 
on  (ground  that  another  forum  is  more 
appropriate  or  convenient  6  B.  R.  C. 
345. 


FORWARDING  COMPANIES. 

Character  of,  9,8  common  carriers.  42  L.R.A. 

(N.S.)   902. 
Provision   exempting  carrier  from   liability 

except  as  "forwarder"  as  extending  to 

loss  caused  by  negligence.     6  B.  R.  C. 

131. 


FOSTER  CHILD. 


Insurable    interest    in    life    of.      46    L.R.A. 

(N.S.)    779. 
As    beneficiary    under    contract    of    benefit 

association.     L.R.A.1916B,  905- 


^82 


INDEX  TO  L.R.A.  NOTES. 


FOSTER  PARENT. 

Insurablo    interest    in    life    of.      46    L.R.A. 
(N.S.)   779. 


FOUL.   AIR. 


Driving  against  neighl)or'.s  windows  as  nui- 
sance.    9  L.R.A.  (N.S.)    695. 


FOUNDATION. 


Laving  foundation  for  impeaeliment  of  own 

witness.    -21  L.R.A.  428. 
Sufficiency    of,    for    opinion    of    witness    to 

handwriting.    63  L.R.A.  966. 


FOWLS. 

Duty  of  railroad  as  to  fowls  upon  tracks. 

'47  L.R.A. (N.S.)    1125. 
Injunction  to  prevent  trespass  of.    48  L.R.A. 

fN.S.)   179. 
Right  to  kill  dogs  killing  or  worrying  fowls. 

19  L.R.A.(N.S.)  838;  L.R.A.i915C,  361. 


FOX. 

Liability   for   injury   by.     52   L.R.A.  (N.S.) 
379. 


FRACTION  OF  DAT. 

See  Time,  §  14. 


FRACTURE. 


Duty  of  physician  called  to  reduce.  12 
L.R.A. (N.S.)   752. 

Liability  of  physician  or  surgeon  for  fail- 
ure to  diagnose.     28  L.R.A.  (N.S.)  136. 


FRAME   BUILDINGS. 

Municipal   power   over,    as    nuisances.      39 
L.R.A.  170. 


FRANCHISE. 


§    1.  Generally. 

Of    corporations,    generally,    see    Corpora- 
tions, §  7. 
Elective  franchise,  see  Electioxs,  I. 
Of  electric  companies,  see  Electricity,  §  9. 
To  operate  ferry,  see  Ferries,  §§  2,  3. 
Begin  iHth  this  hooh-  on  every  law  question 


FRANCHISE— cont'd 

Street  francliise,  see  Highways,  §§  21-32. 
Of  railroad  company,  see  Railroads,  §  3. 
Of    street    railway    company,    see     Street 

Railways,  §§  3,  4. 
Taxation  of,  generally,  see  Taxes,  §  35. 
Riglit  to  take  tolls  without,  see  Tolls,  §  2. 

Treatment  of,  in  public  service  property 
valuations.  47  L.R.A. (N.S.)  781,  793, 
799;  48  L.R.A.  (N.S.)    1063. 

Treatment  of  depreciation  by  expiration  of 
franchise  in  estimating  tlie  return  of 
a  public  service  corporation  for  rate- 
making  purposes.     52  L.R.A. (N.S.)   38. 

Amortization  of,  in  estimating  return  of  a 
public  service  corporation  for  rate- 
making  purposes.     52  L.R.A. (N.S.)   40. 

Lack  of,  or  invalidity  of  franchise  as  a 
defense  to  an  action  by  a  public  serv- 
ice corporation  for  service  rentals. 
52    L.R.A.  (N.S.)    713. 

Tax  on,  as  within  covenants  in  lease,  sub- 
lease or  assignment  of  lease  as  to  pay- 
ment of  taxes  and  assessments.  L.R.A. 
1915A,  342. 

Power  of  legislature  in  respect  to  umnicipal 
franchises.     48   L.R.A.   485. 

Grant  of  franchise  to  electrical  subway  com- 
pany.    34  L.R.A.   369. 

Liability  for  work  of  independent  con- 
tractor performed  under  francliise.  14 
L.R.A.  834. 

Injunction  against  prosecutions  under  city 
ordinances  affecting.     21  L.R.A.  888. 

Duties  incident  to  exercise  of  francliise  by 
independent  contractor.     66  L.R.A.  1 36. 

J^flFect  of  provisions  in  franchise  on  power 
of  municipality  to  compel  change  of 
grade  of  railway  in  street.  70  L.R.A. 
854.  ^ 

Validity  of  contract  making  public  service 
corporations'  liability  to  municipality 
dependent  upon  tiie  continuance  of  its 
franchise  without  competition.  21 
L.R.A. (N.S.)   214. 

Creation  of  partnership  by  provision  for 
taking  profits  from  a  use  of,  as  com- 
pensation.     18   L.R.A.  (N.S.)    1046. 

Of  railroad  company,  whether  real  or  per 
sonal  property.     66  L.R.A.  36. 

Necessity  of,  for  taking  tolls.  37  L.R.A. 
711.' 

Measure  of  damages  for  taking  of,  in  emi- 
nent domain.     51  L.R.A.  325. 

§   2.  What  is. 

Distinction  between  franchise  and  monopo- 
ly.    4  L.R.A.  616.* 

Right  to  collect  wharfage  as.  1  L.R.A. 
133.* 

Right  to  construct  street  railroad  as.  2 
L.R.A.  255.* 

§  3.  Exclusiveness  of;  interference 
with. 

Interference  with  ferry  franchise,  see 
Ferries,  §  3. 

Exclusiveness  of  franchise  of  toll  road  or 
turnpike.     L.R.A.1917D,  239. 

Exclusiveness  of  franchise  of  water  com- 
pany.    61  L.R.A.  80. 


INDEX  TO  L.R.A.  MOTES. 


583 


FRANCHISE— cont'd 

Right  of  owner  of  franchise  for  jjublic  ben- 
efit which  is  not  exclusive  to  injunc- 
tion against  its  invasion  without  right. 
29  L.R.A.(N.S.)   77. 

§   4.  Transfer  of. 

Judicial   sale  of.     20  L.R.A.  737.  I 

Assignabilitv  of  franchise  of  water  com- 
pany.    61  L.R.A.  98. 

Right  to  transfer  or  mortgage  privilege  to 
use  streets  for  telegraph,  telephone,  or 
other  quasi-public  purposes.  47  L.R.A. 
87;  L.R.A.]  917D,  707. 

Right  to  transfer  ferrv  franchise.  59  L.R.A. 
"  543;  L.R.A.1916D,  834. 

Duty  of  purchaser  of  public  utility  fran- 
chise to  carry  out  franchise  obligations 
as  to  service.     L.R.A.1918A,  266. 

§   5.  Termination;  forfeiture. 

Abandonment  of,  see  Abaxdonment,  §  9. 
Of     corporate     franchises,     generally,     see 
Corporations,  IX. 

Termination    of    franchise    for    toll    bridge. 

58  L.R.A.  169;  30  L.R.A.  (N.S.)   364. 
Rights   of   water  company  after  expiration 

of  franchise.     61  L.R.A.  107. 
forfeiture   of   franchise   of   water   company 

for  failure  to  comply  with  contract.    61 

L.R.A.   93. 


FRATERNAL   SOCIETIES. 

See  also  Benevolent  Societieis  ;  Clubs  ;  In- 
surance. 

Conclusiveness  of  decision  of  tribunals  of. 

49  L.R.A.  353. 
Liability  of  property  of,  to  assessment  for 

local    improvements.      35   L.R.A.   38. 
Forbidding  students'  affiliation  with  secret 

societv.      7    L.R.A.(N.S.)    352;    L.R.A, 

1915D,  588. 
Use  of  public  school  building  for  meeting  of 

fraternal     organizations.       31     L.R.A. 

(N.S.)    595. 
Right  of,  to  protection  against  use  of  name, 

insipjnia,  ritual,  etc.  by  another  organ- 
ization.    L.R.A.1915B,  1074. 
Liability   of,    for    injury   to   person   during 

initiation    or    expulsion.      L.R.A.1917C, 

47G. 


FRATERNITY  HOUSE. 

Exemption  from  taxation.    52  L.R.A. (N.S.) 
995. 


FRAUD    AND    DECEIT. 

J.  In  general,  §§  1-3. 

II.  What  constitutes,  §§  4-12. 
III.  lieliance    on    representntions,    §§ 

IS.    14. 
Consult  also  L.R.A.  Digests  of  Cases. 


FRAUD  AND  DECEIT— cont'd 
VI.  Effect  of,  §§  15-31. 

a.  Of  fraud  generally,    §§    15- 

2Sa. 
h.  Of  concealment,  §§  29-31. 
V.  Liability   for;   piinishnient   of,    §§ 
32-35. 

VI.  Remedies;  relief  from;  set-off,  §§ 

36-41. 

VII.  Waiver  of  fraud,    §    42. 

I.  In   general. 

§    1.  Generally, 

Statute  of  frauds  generally,  see  Contracts 
§§  25-59. 

Misrepresentations  as  to  age,  see  Age,  §  2. 

Relations  between  attorney  and  client,  see 
Attorneys,  §  10. 

Fraudulent  issue  of  corporate  stock,  see  Cor- 
porations, §  69. 

Measure  of  damages  for,  see  Damages,  §  49. 

Election  frauds,  see  Elections,  §  24. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §§  47-53. 

Parol  evidence  as  to,  see  Evidence,  §§  177, 
178. 

Relevancy  of  evidence  as  to,  see  Evidence, 
§  259, 

Sufficiency  of  evidence  as  to,  see  Evidence, 
§  301. 

As  to  false  pretenses,  see  False  Pretenses. 

Transfers  in  fraud  of  creditor^,  see  Fraud- 
ulent  Conveyances. 

Against  husband  or  wife,  see  Husband  and 
Wife,  §§  43,  43a. 

Representations  in  insurance  application, 
see  Insurance,  V.  h. 

As  to  mistake,  see  Mistake. 

Allegations  as  to,  see  Pleading,  §  31. 

Use  of  mails  to  defraud,  see  Postoffice,  §  9. 

Liability  on  guaranty  or  surety  obligation 
obtained  by  fraud,  see  Principal  and 
Surety,  §  9. 

Question  for  jury  as  to,  see  Trial,  §§  31, 
32. 

Misstatement  as  to  title  to  land,  see  Vendor 
AND  Purchaser,  §  17. 

Fiduciary  relations  of  corporate  officers,  see 
Corporations,  §§  50,  51. 

Of  insurance  agent,  see  Insurance,  §  143. 

Of  agent  generally,  see  Principal  and 
Agent,    §   22. 

As  to  undue  influence,  see  Undue  In- 
fluence. 

Constitutionality  of  Blue  Sky  Laws.    L.R.A. 

1917F.  524. 
In    appearance    by    nonresident    in    divorce 

case.     23  L.R.A.  288. 
In    contract    between    corporations    having 

common  directors  or  officers.    33  L.R.A. 

794. 
Of  officer  issuing  obligations  of  government 

or  other  public  body.     39  L.R.A. (N.S.) 

445. 
Rule  of  proximate  cause  in  case  of   wilful 

misrepresentations.  45  L.R.A.  90. 
Effect   of   discharge    on    claim   for    services 

procured     by     bankrupt's     fraud.       34 

L.R.A.(N.S.)    894. 


584 


INDEX  TO  L.R.A.  NOTES. 


FRAUD  AND  DECEIT,  I.— cont'd 
Receiver's  right  to  be  indemnified  for  costs 

of  defending  action  charging  him  with 

fraud.    2  B.  R.  C.  423. 
Reimbursement  or  subrogation  of  purchaser 

on  annulling  fraudulent  judicial  sale. 

69  L.R.A.  53. 
Fraud    in   joining    resident   as    codefendant 

with    nonresident    for   purpose   of   pre- 
venting  removal   to    Federal    court    on 

ground     of     diverse     citizenship.       22 

L.R.A.  (N.S.)    1235. 
Evidence  of  other  crimes  in  prosecution  for 

fraud.     62  L.R.A.  222,  240;   43  L.R.A. 

(N.S.)   667. 
Right  of  surety  to  show  fraud  or  collusion 

in     judgment    against    principal.      40 

L.R.A.(N.S.)   749. 
Prohibition  of  fortune  telling  and  kindred 

superstitions.     43  L.R.A. (N.S.)   203. 

§  2.  Use  of  statute  of  frauds  as  pro- 
tection to  fraud. 

In  general.     25  L.R.A.  569. 

Rule  of  construction.     25  L.R.A.  570. 

Prevention    of    reduction    to    writing.     25 

L.R.A.   570. 
Fraudulent  omission  of  part  of  agreement. 

25  L.R.A.  570. 
Preventing  will.    25  L.R.A.  571. 
The  rule  at  law.     25  L.R.A.  571. 

§   3.  As  element  of  crime. 

Fraudulently  procuring  genuine  signature 
as  forgery.     26  L.R.A. (N.S.)    138. 

Forgery  by  appending  signature  to  commer- 
cial paper  by  fraud.  1  L.R.A.  (N.S.) 
,      1075. 

Intent  to  defraud  as  element  of  publishing 
of  forged  instrument.  8  L.R.A.  (N.S.) 
1176. 

Larceny  by  obtaining  money  by  fraudulent 
race  or  game.  1  L.R.A. (N.S.)  862;  20 
L.R.A.(N.S.)   1164. 

Larceny  by  making  or  procuring  fraudulent 
orders  on  public  funds.  32  L.R.A. 
(N.S.)   234. 

II.  What   constitutes. 

§   4.  Generally. 

Retention  of  possession  by  mortgagor  as 
evidence  of  $raud,  see  Chattel  Mort- 
gage, §  14. 

Effect  of  representing  things  sold  to  be 
"good."     15  L.R.A.  795. 

Relief  from  contract  of  sale  because  of  over 
or  under  estimate  of  quantity  by  seller. 
45  L.R.A, (N.S.)  243. 

How  far  use  of  mails  by  healers  is  fraudu- 
lent.    70  L.R.A.   989. 

Receiving  deposit  when  bank  insolvent,  as  a 
fraud.     34  L.R.A.  533. 

In  contract  requiring  servant  to  elect  be- 
tween acceptance  of  benefits  out  of  re- 
lief fund  and  a  prosecution  of  his 
claims  in  an  action  for  damages.  11 
L.R.A.  (N.S.)    192. 

Fraud  in  joining  resident  as  codefendant 
with  nonresident  defendant  for  purpose 
of  preventing  removal  to  Federal  court 
on  ground  of  diverse  citizenship.  22 
L.R.A. (N.S.)    ]23r,. 


Begin  tvith  this  booJc  on  every  law  question. 


FRAUD  AND  DECEIT,  II.— cont'd 
§   5.  L>ack  of  knowledge  of  falsity. 

Some  American  views  of  tiic  case  of  Derrv 
v.    Peek.      49    L.R.A. (N.S.)    1219. 

Statements  made  without  knowledge  of 
falsity  as  ground  for  action  for  fraud. 
18  L.R.A.(N.S.)   379. 

§   6.  Silence;  concealment. 

EflFect  of  concealment,  see  infra,  IV.  b. 

May  fraud  be  predicated  of  concealment  of 

defects    in   title   to   real   property.     28 

L.R.A.(N.S.)    207. 
Obligee's  concealment  of  facts  on  obtaining 

guaranty  or  surety.     21  L.R.A.  411. 
Landlord's      concealment      of      defects      in 

premises.    34  L.R.A.  827;  L.R.A.1916D, 

1225. 
Of    facts    by    insured    in    case    of    Lloyd's 

policies.     55  L.R.A.  202. 
Fraud  in  expression  of  opinion  in  case  of 

concealment.     35  L.R.A.  426. 
Dutv  of  seller  to  disclose  defect  in  animal. 
■^L.R.A.1917C,  619. 

§   7.  Expression  of  opinion. 

Statement  of  opinion  generallv  not  fraudn- 

lentf     35  L.R.A.  417."' 
Reasons  for  the  rule.     35  L.R.A.  424. 
Exceptions  to  the  rule.     35  L.R.A.  425. 
Effect  of  form  of  relief  sought.     35  L.R.A. 

433. 
What  statements  are  fact  and  what  opinion. 

35  L.R.A.  435. 
Misstatement  as   to   title   to   real   property 

sold,  as  matter  of  opinion.     28  L.R.A. 

(N.S.)    206;   39  L.R.A. (N.S.)    1143. 
Right  to  rely  on  expressions  of  opinion.     37 

L.R.A.   604. 
Recommendation  of  another  as  proper  sub- 
ject for   credit  as  ground  of   liability. 

L.R.A.1915A,   100. 
False    representations    of    foreign    law    as 

basis   for   fraud   action.     L.R.A.1915A^ 

675. 
Representations  bv  vendor  as  to  quality  or 

condition  of  soil.     L.R.A.1917C,  273. 
Representation    or    estimate    by    insurance 

company  as  to  accumulation,  dividends, 

surplus,    etc.      L.R.A.1918F,    348. 

§   8.  Future  promise. 

Statements    regarding    future    as    a    fraud. 

35   L.R.A.   420,    437. 
Future  promise  as  fraud.     10  L.R.A. (N.S.) 

640;    24   L.R.A.  (N.S.)    735. 

§  9.  Misstatement  as  to  title  to  real 
property. 

Executed  contracts.     28  L.R.A. (N.S.)    202; 

39  L.R.A. (N.S.)    1142. 
Executory  contracts.     28  L.R.A. (N.S.)   208; 

39  L.R.A. (N.S.)   1141. 
Necessity  of  exercising  diligence  to  discover 

truth    of    representation.       28     L.R.A. 

(N.S.)    209. 
As  affected  by  the  nature  of  the  conveyance. 

28  L.R.A. (N.S.)   211. 
Necessity    tliat    injury    result.      28    L.R.A. 

(N.S.)    212. 


INDEX  TO  L.R.A.  NOTES. 


585 


PRAUD  AND  DECEIT,  II.— cont'd 
Effect   of   vendee   retaining  possession.      28 
L.E.A.{N.S.)    212. 

§  10.  False  statement  as  to  cost,  sell- 
ing, or  market  price  of  property, 
or  as  to  oilers  tlierefor. 

]\Iisri'prescntation  as  to  value,  see  Value, 
§  2. 

In  general.  35  L.R.A.(N.S.)  174;  L.R.A. 
19]  6F,  782. 

Applicabilitv  of  doctrine  of  negligence.  35 
L.R.A.  (N.S.)   175. 

Applicability  of  doctrine  that  representa- 
tion must  relate  .to  a  material 
matter.     35  L.R.A.  (N.S.)    176. 

Hepresentations  as  to  costs.  35  L.R.A. 
(N.S.)    177. 

Representations  as  to  offers  for  property. 
35  L.R.A.  (N.S.)   186. 

Representations  as  to  what  property  had 
been  sold  or  offered  for  sale.  35 
L.R.A.  (N.S.)     187. 

Hepresentations  of  the  market  price.  35 
L.R.A.  (N.S.)    188. 

Necessity  of  showing  damage.  35  L.R.A. 
(N.S.)    189. 

Liability  of  real-estate  broker  who  over- 
states to  purchaser  the  owner's  mini- 
mum price.    21  L.R.A. (N.S.)   305. 

%    1  i .  In  obtaining  credit. 

In  general.     14  L.R.A.  264. 
Representations  to  commercial  agencies.     2 

L.R.A.   154;*   14  L.R.A.  264. 
Intent;      concealment     of     insolvency.        2 

L.R.A.  154;*  14  L.R.A.  264. 
Statements   as    to   credit    as   a    fraud.      35 

L.R.A.  421. 
Eight    to    rely    on    representations    as    to 

credit  of  third  person.     37  L.R.A.  607. 
Continuing      representation      of      financial 

standing  as  basis  of  credit.     10  L.R.A. 

(N.S.)    245. 
Whether   lack  of   reasonable  expectation  of 

being  able  to  pay   is   equivalent,  as   a 

matter  of  law,  to  an  intention  not  to 

pay.     6  L.R.A. (N.S.)   556. 
Title  secured  by  one  purchasing  goods  with 
knowledge  that  he  cannot  pay  for 
them.    44  L.R.A. (N.S.)  1. 

g    12.  Corporate  matters. 

Effect  of  fraud,  see  infra,  §  26. 
Liability  in  regard  to,  see  infra,  §  33. 

What  constitutes  false  representations  by 
promoter  of  corporation.  18  L.R.A. 
(N.S.)   1109. 

False  statement  in  reports  required  to  be 
.  filed  with  public  officers  as  fraud  which 
will  sustain  an  action  against  corpo- 
ration.    35  L.R.A.  (N.S.)   858. 

Duty  of  director  toward  one  from  whom  he 
purchases  stock.     L.R.A. 1916B,  708. 

III.  Reliance  on  representations. 

t  IS.  Generally. 

Effect  of  suspicion  of  falsity  of  statement 
made  on  right  of  action  for  deceit  by 
person  injured.     7  L.R.A.(N.S.)   646. 

Consult  also  L.R.A.  Digests  of  Cases. 


FRAUD  AND  DECEIT,  III.— cont'd 

§    14.  Right  to  rely  on  representations. 

General  rules.     37  L.R.A.  593. 

Person  guilty  of  fraud  cannot  urge  negli- 
gence of  defrauded  party.  37  L.R.A. 
594. 

Obvious  facts,  or  facts  of  which  the  defraud- 
ed party  has  knowledge.  37  L.R.A, 
595. 

Indefinite  or  suspicious  statements.  37 
L.R.A.  596. 

Rule  where  defrauded  party  has  means  of 
knowing  truth.     37   L.R.A.   597. 

What  diligence  is  required  of  one  to  wiioni 
statement  is  made.     37  L.R.A.  601. 

Statements  not  regarded  as  of  fact.  37 
L.R.A.  604. 

Positive  assurance  and  express  reliance. 
37   L.R.A,   608. 

Statements  not  easily  tested.  37  L.R.A. 
609. 

Fiduciary  relations.     37  L.R.A.  613. 

Statements  of  third  persons.    37  L.R.A.  613. 

Active  fraud  or  concealment.  37  L.R.A. 
614. 

Statutes.     37  L.R.A.  615. 

Question  for  jury.     37  L.R.A.  615. 

Purchaser's  right  to  rely  on  reptesentations 
as  to  title  to  real  property.  39  L.R.A. 
(N.S.)  1143. 

Right  of  purchaser  of  personalty  to  rely  on 
seller's  computation  of  price  or  esti- 
mate of  quantity.    17  L.R.A.  (N.S.)  419. 

Right  of  purchaser  of  land  to  rely  upon 
representations  of  seller  as  to  bounda- 
ries.    14   L.R.A.(N.S,)    1210. 

Right  to  rely  on  representations  by  vendor 
as  to  quality  or  condition  of'  soil. 
L.R.A.1917C,  273. 

Duty  of  purchaser  of  corporate  stock  to 
verify  statements  made  as  to  financial 
condition  of  corporation,  14  L.R.A, 
(N.S.)    1176. 

In  case  of  fraud  in  sale  of  corporate  stock 
by  one  officer  or  director  to  another. 
L.R.A.1916B,  703. 

IV.  Effect  of. 
a.  Of  fraud  generally. 

§    15,  Generally. 

Liability  in  case  of  fraud,  see  infra,  V.       ' 
Remedy  or  relief  in  case  of  fraud,  see  infra, 

vi. 

As  ground  of  attachment,  see  Attachment, 
§  6. 

Effect  of  fraud  to  prevent  discharge  in  bank- 
ruptcy, see  Bankruptcy,  §  34. 

Effect  of  broker's  fraud  on  his  right  to 
commissions,  see  Brokers,  §  9. 

Effect  of  principal's  fraud  on  broker's  right 
to  commissions,  see  Brokers,  §  10. 

Invalidity  of  contract  for  fraud,  see  Con- 
tracts,  §§    104,    119. 

Estoppel  by,  see  Estoppel,  §§  28.  29. 

Effect  on  heirs  of  fraud  against  ancestor, 
see  Heirs,  §  5. 

As  ground  for  injunction  against  judgment, 
see  Injunction,  §  52. 

As  ground  for  collateral  attack  on  judg- 
ment, see  Judgment,  §§  55,  72. 


586 


INDEX  TO  L.R.A.  NOTES. 


FRAUD  AND  DECEIT,  IV.  a— cont'd  I  FRAUD  AND  DECEIT,  IV.  a— cont'd 

On   statute   of   limitations,   see   Limitation    Voluntariness    of    confession    procured    by. 


OF  Actions,  §§  10,  36,  53 
Constructive  trust  in  case  of,  see  Trusts, 
§§  12,  13. 

Validity   of  contract  with   intoxicated   per- 
son procured  by  fraud.     54  L.R.A.  445. 
On   awarding  of   public  contract   to   lowest 
responsible    bidder.      38    L.R.A.(N.S.) 
656. 
Bad  faith   of  bailee  as  affecting  his   right 
to   assert  the  hostile  title  of  a  third 
person   against   the   bailor.     33   L.R.A. 
(N.S.)    681. 
Rights  on  train  of  person  procuring  ticket 
by     fraud     or     misrepresentation.       6 
L.R.A.(N.S.)   1146. 
Effect  of  decision  of  architect,  engineer,  or 
umpire,    in    case    of    fraud.      1    L.R.A. 
(N.S.)    1050. 
Of    overstatement    in    claim    of    mechanic's 

lien.  29  L.R.A. (N.S.)   317. 
Liability   of   infant  for   money   loaned  him 
through  his  fraudulent  representation. 
6  B.  R.  C.  761. 
Master's  liability  for  injury  to  minor  serv- 
ant  who   secured   employment   by   mis- 
representing his  age.     20  L.R.A. (N.S.) 
500;  25L.R.A.(N.S.)  708;  L.R.A.1915F, 
1082. 
liability    to    bank    of    one    who,    without 
knowledge  of  the  fraud  draws  out  funds 
fraudulently  credited  to  him  by  officers 
or  employees  of  the  bank.     31   L.R.A. 
(N.S.)    1126. 
Fraud    in    proceedings    for    opening   or    ex- 
tending highway  as  defense  to  proceed- 
ings to  acquire  property  for  that  pur- 
pose.    7  L.R.A. (N.S.)    639. 
Validity  of  obligation  given  bank  as  affected 
by  concealment  Of  illegal  transactions. 
34   L.R.A. (N.S.)    105. 
Effect   of   fraud    in   procuring   discharge   of 
mortgage  for  deed  on  merger  of  mort- 
gage.   39  L.R.A. (N.S.)   841. 
Impeachment   of   certificate   of  acknowledg- 
ment   because    of.       41     L.R.A.  (N.S.) 
1169. 
Effect  on  presumption  of  probable  cause  for 
prosecution  of  fact  that  conviction  was 
procured  by.     15  L.R.A. (N.S.)    1143. 
Effect  of  misrepresentation  as  to  character, 
quantity,  or  value  of  goods  by  shipper 
on   his   right   to   recover   for   loss.      23 
L.R.A.(N.S.)  745;  L.R.A.1915A,  502. 
As  defense  to  mandamus  to  compel  payment 

of  municipal  debt.     14  L.R.A.  779. 
On   right  of  volunteer  or   stranger   paying 
debt    to   subrogation.      23    L.R.A.    129. 
Effect  of  fraudulent  assignment  of  judgment 

to  defeat  set-off.     23  L.R.A.  338. 
Effect    of    principal's    fraud    on    right    ot 
surety   to    intervene   in   action   against 
principal    or    vice    versa.      68    L.R.A. 
741. 
Impeachment   of    enrolled    bill    by    showing 
fraud  or  improper  motive  of  legislature. 
40  L.R.A. (N.S.)   29. 
In  drawing  of  grand  jury.     27  L.R.A.  785. 
On    privilege   of    nonresident   witness   from 

suit.     25  L.R.A.  733. 
Begin  xcith  this  booTc  on  every  law  question. 


18  L.R.A. (N.S.)    840;   50  L.R.A. (N.S.) 
1088. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void 
in  law.    4  B.  R.  C.  6();}. 

Effect  of  fraud  on  registration  of  title 
under  the  Torrens  Law.  L.R.A. 1916D, 
66. 

Fraud  as  entitling  surety  to  equitable  set- 
off of  obligation  as  against  assignee  of 
a  debt  due  from  him  to  principal.  46 
L.R.A. (N.S.)   65. 

Fraud  as  defense  to  liability  on  subscrip- 
tion for  charity.     48  L.R.A. (N.S.)   811. 

Effect  of  false  representations  on  liability 
of  manufacturer,  packer,  or  vendor  to 
persons  not  in  privity  of  contract  for 
injury  from  defects  in  articles  sold. 
48  L.R.A. (N.S.)  218. 

Fraudulent  conveyance  of  narrow  strip 
along  front  of  property  to  escape  assess- 
ment for  public  improvement.  L.R.A. 
1916B,   1033. 

Effect  of  secret  advantage  to  one  member 
of  joint  adventure.  50  L.R.A. (N.S.) 
1046 

Fraud  regarding  legal  effect  of  wife's  sign- 
ing contract  with  husband.  L.R.A. 
1918A,  496. 

Fraudulent  deed  as  color  of  title.  L.R.A. 
1918E,  1049. 

§    16.  On  marriage. 

Effect  of  concealment,  see  infra,  §  30. 

Mental  incapacity  combined  with  fraud  as 
affecting  validity  of  marriage.  40 
L.R.A.  740. 

Misrepresentation  as  to  disposition  or  gen- 
eral character  as  ground  for  annulment 
of   marriage.      30   L.R.A. (N.S.)    301. 

Misrepresentations  as  to  one's  pliysical  or 
mental  condition  as  ground  for  annul- 
ment of  marriage.  13  L.R.A. (N.S.) 
996. 

§    17.  On  compromise  or  release. 

As  affecting  compromise.     25  L.R.A. (N.S.) 

308. 
Effect  of  false  representations  by  physician 

to  avoid  release.     5  L.R.A. "(N.S.)    663. 
In    inducing    execution    of    release    causing 

loss   of  remedy.     L.R.A.1917F,   719. 
In  securing  release  from  servant  accepting 

benefits  of  relief  fund.    11  L.R.A.  (N.S.) 

200;  48  L.R.A.(N.S.)   448. 
Effect  of  representation  or  undue  influence 

by    physician     to     avoid    release.      50 

L.R.A.  (N.S.)    1091. 
On  compromise  or  release  by  personal  repre- 
sentatives   of    claims    due    estate.      14 

L.R.A.  415. 
Right,  in  an  action  at  law,  to  attack  release 

for  fraud.     20  L.R.A. (N.S.)    915. 

§    18.  In   sale  of  chattels. 

As  ground  for  rescission  of  sale  of  person- 
alty, see  Sale,  §  67. 

On  passing  of  title  bv  delivery  to  carrier. 
22  L.R.A.  418. 


INDEX  TO  L.R.A.  ^"OTES. 


584 


FRAUD  AND  DECEIT,  IV.  a— cont'd 

Right  of  vendor  under  conditional  sale  as 
affected  by  purchaser's  bankruptcy 
Avhere  contract  is  tainted  with  fraud. 
38  L.R.A.(N.S.)    557. 

Transferee  of  chattels  in  satisfaction  of  pi'e- 
existing  debt,  as  a  bona  fide  pur- 
chaser as  against  original  vendor  from 
whom  they  were  fraudulently  obtained 
by  transferrer.     35  L.R.A.(N.S.)    1174. 

Effect  of  fraud  by  seller  on  exclusivenoss  of 
remedy  for  breach  of  warranty  provid- 
ed in  contract  for  sale  of  macliinery. 
50    L.R.A.(N.S.)    773. 

§   19.  In  sale  of  land. 

As  ground  for  rescission  of  sale  of  real 
property,  see  Vendor  a>'d  Purciiaseb, 
§  24. 

Fraud  by  partner  in  relation  to  partnership 
real  estate.     28  L.R.A.  104. 

In  sale  of  expectancy  by  prospective  heir. 
33  L.R.A.   283. 

Doctrine  of  caveat  emptor  in  sales  for  par- 
tition as  affected  by  fraud.  33  L.R.A. 
(N.S.)    409. 

Effect  of  purchaser's  misrepresentation  of 
fact  affecting  value  of  real  estate,  30 
L.R.A.  (N.S.)    748. 

Effect  of  misrepresentation  as  to  the  health 
of  life  tenant  upon  a  sale  of  the  re- 
mainder interest.     17  L.R.A. (N.S.)  284. 

Of  vendor's  fraud  in  respect  to  sanitary  con- 
dition of  premises.  34  L.R.A.  (N.S.) 
1035. 

On  right  of  grantee  in  possession  to  ques- 
tion grantor's  right  to  collect  purchase 
moii-.y.      21    L.R.A.  (N.S.)     395. 

Is  fraudulent  representation  by  vendor  as 
to  area  within  boundaries  correctly 
pointed  out,  actionable.  23  L.R.A. 
(N.S.)    487. 

Is  fraudulent  representation  by  vendor  of 
extent  or  proportion  of  land  of  par- 
ticular kind  inchided  within  tract  sold, 
actionable  where  purchaser  inspects  tlie 
land.     30  L.R.A. (N.S.)   55. 

§   20.  At  execution  sale. 

Effect  of  misrepresentation  to  purchasers  by 
sheriff  at  judicial  sale.     18  L.R.A.  88. 

Effect  of  fraud  on  execution  creditor's  lia- 
l)ility  for  return  of  purchase  price  on 
failure  of  title  to  property  sold  on 
execution.     36  L.R.A. (N.S.)   1220. 

§   21.  On  right  to  specific  performance. 

See  Specific  Pebfobmaxce,  §§  18,  25. 

§  22.  In  respect  to  trademark  or 
tradename. 

Trademarks  calculated  to  deceive,  not  pro- 
tected.    17   L.R.A.   130;    19  L.R.A.   53 

Effect  of  false  representations  extrinsic  to 
tradename  or  trademark  on  the  right 
to  protection  against  infringement  of 
same.  12  L.R.A.  ( N.S. )  1201 ;'  23  L.R.A. 
(N.S.)    1151. 

Rights  resulting  from  sale  of  trademark  as 
affected  by  fraud.     1  L.R.A. (N.S.)   723. 

Consult  also  L.R.A.  Digests  of  Cases. 


FRAUD  AND  DECEIT,  IV.  a— cont'd 

§   23.  Matters  as  to  commercial  paper. 

Rights  and  protection  of  bona  fide  holder, 
generally,  see  Bills  and  Notes,  §§  38- 
42. 

Payment  by  commercial  paper  as  affected 
by  fraud.     35  L.R.A. (N.S.)    74. 

Effect  of  fraudulent  reissue  of  bill  or  note 
which  has  been  paid.  28  L.R.A. (N.S.) 
1066. 

Of  creditor's  fraud  towards  sui'ety  in  man- 
agement and  collection  of  collateral. 
37  L.R.A.(N.S.)    716. 

Effect  of  fraud  on  right  of  accommodation 
party  who  has  been  obliged  to  pay  bill 
or  note  to  recover  from  accommodated 
party.    37  L.R.A. (N.S.)  784. 

Validity  of  obligation  given  bank  as  affect- 
ed by  concealment  of  illegal  transac- 
tions from  bank  examiner.  26  L.R.A. 
(N.S.)   993;  L.R.A.1916A,  1218. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void  in 
law.     4  B.  R.  C.  663. 

Action  for  damages  for  fraud  in  securing 
execution  of  bill  or  note  not  vet  due. 
52   L.R.A.  (N.S.)    945. 

What  constitutes  violation  of  criminal  stat- 
ute against  issuing  checks  or  drafts 
without  funds.     L.R.A.1918F,  982. 

§  24.  — paper  assigned  or  transferred. 

Effect  of  fraud  on  rights  of  bona  fide  holder 
of  commercial  paper,  see  Bills  and 
Notes,  §  38a. 

In  inception  of  negotiable  instrument  trans- 
ferred, effect  on  presumption  and  bur- 
den of  proof.     17  L.R.A.  328. 

Effect  of  fraudulent  transfer  on  right  of 
set-off  against  assignee's  commercial 
paper.     23  L.R.A.  330. 

Defense  of  fraud  as  against  holder  of  nego- 
tiable paper  transferred  after  maturitv. 
46  L.R.A.  768.  "■ 

Law  governing  negotiability  of  bill  or  note 
fraudulently  transferred.  61  L.R.A. 
205. 

Conflict  of  l^vfs  as  to  liability  on  bill  or 
note  fraudulently  transferred.  19  L.R.A. 
(N.S.)    608. 

Fraud  in  obtaining  execution  of  a  note  as 
defense  against  a  bona  fide  holder.  30 
L.R.A.  434. 

Deception  as  to  character  of  paper  signed 
as  defense  against  bona  fide  holder  of 
negotiable  paper.    35  L.R.A. (N.S.)  776. 

Title  and  right  to  overdue  note  as  between 
one  induced  by  fraud  to  transfer  it,  and 
one  who  in  good  faith  bought  of  fraud- 
ulent transferee.     2  L.R.A. (N.S.)    767. 

§   25.  Partnership   matters. 

Provability  of  partnership  debts  in  indi- 
vidual proceedings  in  case  of  fraudulent 
abi^traction  of  partnership  funds  by 
bankrupt.     69   L.R.A..  777. 

As  affecting  assumption  of  debts  on  dissolu- 
tion of  partnership.  9  L.R.A.  (N.S.) 
56;  48  L.R.A. (N.S.)   548. 

Effect  of  fraud  by  partner  in  relation  to 
partnership  real  estate.     28  L.R.A.  104. 


588 


INDEX  TO  L.R.A.  NOTES. 


FRAUD  AND  DECEIT,  IV.  a— cont'd 
§   26.  Corporate  matters. 

vVliat,  consfitutes  fraud,  see  supra,  §  12. 
Liability  in  regard  to,  see  infra,  §  33. 

On  lorporations'  lial)ility  on  contracts  of  I 
promoters.     26  L.R.A.  551;- 50   L.R.A.. 

•  (N.S.)   987. 

Effect  o'f  proraotbr's  fraud  on'  corporation's' 
rigHt  against  subscriber.  25  L.R.A. 
100.  ': 

As  affecting  riglits  to  specific  performance 
for  sale  of  stock  in  corporation.  31 
•  ■■  L.R.A. (N.S.)    500.  ' 

As   ground    of    relief   from   subscription   to! 

•  ■    stock   after    insolvencv   of    corjjoration.' 
■         31      L.R.A.(N.S.)    -900;     L.R.A.1915D, 

•  792. 

Validity  of  subscription  induced  by  false' 
statements  that  certain  other  persons, 
:'  were  to  invest  in  the  enterprise.  29 
■     L.R.A. (N.S.)    477. 

Fraud  of  dlliccrs  of  corjioration  as  ground 
for  appointment  of  receiver  or  winding 
up  corporation  at  instance  of  stock- 
holders. 30  L.R.A. (N.S.)  1032;  L.R.A. 
1915A,  606. 

Right  of  stockholder  to  attack  fraudulent 
transaction  occurring  before  he  acquires 
his  stock.     38  L.R.A. (N.S.)   988. 

§   2  7.  Insurance  matters. 

Effect  of  misrepresentations  by  applicant 
for  insurance,  see  Insurance,  V.  h. 

As  defense  against  action  for  assessment  by 
mutual  fire  insurance  company.  32 
L.R.A.  491. 

On  rights  of  vendor  and  vendee  to  proceeds; 
of  insurance.     37  L.R.A.   152. 

Effect  of  concealment  on  liability  of  rein- 
surer.    8  L.R.A.  (N.S.)   852. 

Right  of  insured  to  return  of  premium 
where  policy  is  void  or  voidable  be- 
cause of  misrepresentations  on  his  part. 
32  L.R.A. (N.S.)    299. 

Fraud  or  false  swearing  by  agent  of  in- 
sured in  making  proofs  of  loss.  52. 
'     L.R.A.  (N.S.)    1074. 

Effect  of  fravul  by  agent  ex  necessitate  in 
making  proofs  of  loss  under  fire  insur- 
ance policy.     9  L.R.A. (N.S.)    485.         : 

§   28.  —  forfeiture  of  policy  because  of. 

Cancelation  of  insurance  policy  for,  see  In- 
surance. 

Effect  of  fraud  to  cause  forfeiture  of  entire 

•  policy.    19  L.R.A.  218;  51  L.R.A.(N.S.) 
1063. 

Forfeiture  of  life  policy  by  false  represen- 
tations as  to  previous  appjicatiohs  for 
insurance.     55   L.R.A.   122. 

Validity  and  application  of  incontestable 
clause  in  case  of  fraud.  42  L.R.A.  249 
257;    L.R.A.1917E,   338. 


§   2  8a.  Effect  On  judgment. 

Injuliction    against    judgment    because    of 

•    fraud,  see  Injunction,  §  52. 
Relief  from  judgment  because  of  fraud,  see 

Judgment,  §  95. 
Begin  with  this  hooTi  on  every  laiv  question 


FRAUD  AND  DECEIT,  IV.  a— cont'd 

Judgment  on  collusive  appearance  as  bar 
to  subsequent  prosecution.  L.R.A. 
1918A,   1181. 

Effect  upon  foreign  judgment.  20  L.R.A. 
679. 

Character  and  kinds  of  judgments  and 
orders  witliin  rule  ili,at  judgments  and 
orders  cannot  be  collaterally  attacked 
for  fraud  not  affecting  the  jurisdiction. 
36  L.R.A.  (N.S.)    980. 

Right  to  resist  judgment  of  sister  state  on 
the   ground   of.      32   L.R.A. (N.S.)    905. 

Right  to  question  judgment  of  court  of 
sister  state  upon  ground  that  defendant 
was  induced  bv  fraud  to  go  within  its 
jurisdiction.      12   L.R.A.(N.S.)    941. 

Fraud  as  grovind  for  modification  of  alimo- 
ny awarded  by  decree  of  absolute  di- 
vorce without  reservation  by  decree  or 
statute,     L.R.A.1917F,  729. 

b.  Of  coticealment. 

§2  9,  Generally. 

Concealment  as  fraud,  see  supra,  §  6. 
Fraudulent  concealment  as  defense  to  action 

for  breach  of  promise,  see  Breach  of 

Promise,  §  5. 

On  right  to  rely  on  representations.  37 
L.R.A.  611,  614. 

Effect  of  concealment  by  landlord  on  lia- 
bility to  tenant's  guests  and  servants 
from  defects  in  premises.  34  L.R.A. 
611;  46  L.R.A.  86;  17  L.R.A. (N.S.) 
1165. 

Effect  on  liability  of  reinsurer.  8  L.R.A. 
(N.S.)    852. 

Forfeiture  of  dutiable  articles  in  passenger's 
baggage  because  of.     56  L.R.A.  1,31. 

Validity  of  obligation  given  bank  as  affect- 
ed hy  concealment  of  illegal  transac- 
tions from  bank  examiner.  26  L.R.A. 
(N.S.)    993;   L.R.A.1916A,  1218. 

Effect  of  purchaser's  concealment  of  fact 
as  affecting  value  of  the  real  estate. 
30  L.R.A. (N.S.)   748. 

Broker's  right  to  purchase  real  estate  listed 
with  him  for  sale  where  broker's  inter- 
est in  purchase  is  concealed.  20  L.R.A. 
(N.S.)  1158;  L.R.A.1918F,  790. 

Effect  of  suppression  of  truth  as  to  health 
of  life  tenant  on  sale  of  remainder  in- 
terest.    17   L.R.A. (N.S.)    284. 

Of  interest  by  juror  as  ground  for  new  trial- 
18  L.R.A.  478. 

On  right  to  injunction  against  collection  of 
purchase  money  where  title  to  land  is 
defective.      7   L.R.A. (N.S.)    448. 

As  ground  for  injunction  against  judgment. 
30  L.R.A.  791. 

Of  evidence  as  ground  for  relief  against 
judgment.    26  L.R.A. (N.S.)  536. 

Effect  of  secret  advantage  to  one  of  several 
joint  purchasers.     43  L.R.A. (N.S.)  9.34. 

Duty  of  municipal  ofiicer  to  account  for 
profits  made  in  transaction  with  mu- 
nicipality.   48  L.R.A.(N.S.)   842. 

§   30.  Effect  on  marriage. 

Effect  of  concealment  as  to  character  on 
marital  relation,   see  Character,   §   3. 


INDEX  TO  L.R.A.  NOTES. 


580' 


FRAUD  AND  DECEIT,  IV.  b— cont'd 

Effect  of   fraudulent  concealment  to   avoid 

promise   of   marriage.      2(5   L.R.A.   430. 

Concealment  as  to  one's  physical  or  mental 

condition   as  ground  for  annulment  of 

marriage.     13   L.R.A.  (N.S.)    996. 

§   31.  Bankruptcy  matters. 

Bankrupt's  right  to  discharge  as  affected 
by  partner's  or  agent's  act  in  conceal- 
ment of  books  or  assets.  20  L.R.A. 
(N.S.)  786. 

Admissibility  of  schedules  filed  in  Federal 
bankruptcy  proceedings  in  a  jjroseeu- 
tion  against  a  bankrupt  for  con.ceal- 
ment  of  property.  18  L.R.A.  (N.S.) 
1194. 

V.  Liabilitu  for;  punishment  of. 

§   3  2.  Generally. 

Liability  on  guaranty  or  surety  obligation 
obtained  by  fraud.     21  L.R.A.  40!t. 

In  what  capacity  executor  or  administrator 
liable  for.     51  L.R.A.  262. 

Liability  for  transferring  note  to  bona  fide 
transferee  so  as  to  cut  off  defenses.  27 
L.R.A.  519. 

Liability  of  telegraph  company  for  fraud- 
ulent transmission  or  delivery  of  forged 
message  bv  its  agent.  65  L.R.A.  807; 
L.R.A.1915A,  120. 

As  to  condition  of  leased  premises.  34 
L.R.A.   827;   L.R.A.1916D,   1224. 

Action  by  general  creditor  for  damages  for 
fraud  in  preventing  plaintiff  from  col- 
lecting his  claim.  47  L.R.A.  433; 
L.R.A.1917E,   1148. 

Fraudulent  misrepresentations  by  infant  to 
induce  contract.     57  L.R.A.  675. 

Master's '  liability  for  fraudulent  acts  of 
servant  towards  person  having  no  claim 
on  master  by  reason  of  contract,  in- 
cipient or  perfected.     27  L.R.A.  172. 

Liability  of  agent  or  servant  for  fraud 
against  third  persons  under  order  of 
employer.     50  L.R.A.   646. 

Liability  to  bank  of  one  who,  without  knowl- 
edge of  fraud,  draws  out  funds  ftaud- 
ulently  credited  to  him  by  officers  or 
employees  of  the  bank.  31  L.R.A. 
(N.S.)    1126. 

For  misrepresentation  as  to  location  of 
property.      38    L.R.A. (N.S.)    301. 

Personal  liability  of  arbitrator  for.  42 
L.R.A.  (N.S.)"  278. 

Liability  for  fraud  in  inducing  one  to  marry 
a  third  person.     46  L.R.A. (N.S.)   98. 

Right    of   action    against    tliird    person    for 
fraud  inducing  one  to  submit  to  a  judg- 
ment less  favorable  to  him  ihai;  he  was' 
entitled  to.     46  L.R.A. (N.S.)    110. 

§   3  3.  Corporate  nialtcr.s. 

What  constitutes  fraud,  see  supra,  §  12. 

Effect  of  fraud,  see  supra,  §  26. 

Liability  of  corporate  officers  foi*,  see  COR- 

POKATioxs,  §§  56,  57a. 
Liability    of    corporate    promoters    for,    see 

Corporations,  §  65. 
Consult  also  L.K.A.  Digests  of  Cases. 


FRAUD  AND  DECEIT,  V.— cont'd  ' 

Liability  for  fraud  or  mi>?representations 
inducing  purchase  of  stock,  see  Cob- 
PORATIOXS,    §    S3.  • 

Liability  of  corporation  for  fraud  of  opicer 

in   issue  of  stock.      19  L.R.A.   331;    41 

L.R.A.  (N.S.)   18/. 
Partnership  liability  of  stockholders  in  .case 

of  fraudulent  corporations.     17  Jj-li.A. 

550;    L.R.A.1916C,    196. 

§  34.  Responsibility  for  anotlier's 
fraud. 

Fraud  of  officer  as  ground  of  liability  on 
official  bond.     21   L.R.A.  741. 

Liability  of  corporation  for  fraud  of  its 
officers  in  issue  of  stock.  19  L.R.A. 
331.  .  . 

Liability  of  corporation  officers  for  com- 
pany's fraud.     28  L.R.A.  421. 

Liability  of  partnership  for  fraud  of  mem- 
•    '  ber  of  firm.     51  L.R.A.  479. 

Liability  of  one  who  introduces  or  iden- 
tifies an  imposior,  for  fraud  perpe- 
trated by   him.     51   L.R.A.  (N.S.)    707.' 

Liability  of  principal  for  fraud  perpetrated 
by  agent  acting  within  apparent  scope 
of  his  authority,  but  for  his  own  bone- 
fit.     5  B.  R.  C".  526. 

Implied  or  ostensible  authority  of  agent* 
for  the  sale  of  land  as  to  representa- 
tions.    L.R.A.1917F,  962.  ! 

§   35.  Punishment   of. 

Imprisonment  for  debt  in  rase  of.    34  L.R.A. 

642;  L.R.A.1915B,  646. 
Cruel     and    unusual     punishment    of. .     35 

L.R.A.  571. 


VI.  Bemedies;  relief  from. 

§36.  Generally. 

As  ground  for  cancelation  of  in.struraent, 
see  Cancelation  of  Instkuments,  § 
3. 

Jurisdiction  of  equity  to  cancel  instrument 
because  of  fraud,  see  Equity,  §  15a. 

Relief  from  contract  generally,  6n  ground 
of  fraud,  see  Contracts,  §  119. 

As  ground  for  rescission  of  contract  gener- 
ally, see  Contracts,  §  153. 

As  ground  for  rescission  of  stock  subscrip- 
tion, see  Corporations,  §  79. 

As  ground  for  rescission  of  deed,  see  DeedS) 
§  33a.  i  ■  , 

As  ground  for  rescission  of  sale  of  person- 
alty, see  Sale,  ^67.  ... 

As  ground  for  j-escission  of  sale  of.  real 
property,  see  Vendor  and  Purchaser, 

§    24.  _  ^     ■•':■' 

Jurisdiction     in     equity     in     case    of,     see 

Equity,  §  7.  '  ,  ' 

Injunction    in    case   of   fraud,   see   Insjunc- 

tion,  §§  6,  52. 
Injunction    against    judgment    beeaiuje    of 

fraud,  see  In.junctjon,  §  52.      ..      . 
Relief  from  judgment  because  of  fraud,  see 

Judgment,  §  95.  '      , 

Election  of  remedies  in  case  of  fraudulent 
purchase.      15   L.R.A.    89. 


590 


IXDKX  '10  L.K.A.  KOTliS. 


FRAUD  AND  DECEIT,  VI.— cont'd 

Fraud  as  a  ground  for  relief  from  a  volun- 
tary trust.     19  L.R.A.  7G7. 

Relief  from  mistake  of  law  accompanied 
by  fraud  as  to  effect  of  instrument.  28 
L.R.A.  (N.S.)    853. 

Applicability  of  statute  requiring  that  rep- 
resentations as  to  another's  credit  must 
be  in  writing  in  order  to  sustain  an 
action.     13  L.R.A. (N.S.)   212. 

Failure  to  read  contract  as  affecting  right 
to  relief  on  ground  of.  6  L.R.A. (N.S.) 
463;    L.R.A.1917F,   637. 

Relief  to  party  defrauded  by  fraudulent 
scheme,  altliough  he  went  into  it  with 
the  intention  of  defrauding  others.  5 
L.R.A. (N.S.)    906. 

Remedy  of  one  who  fails  to  record  a  deed, 
againfet  his  grantor  who  subsequently 
conveys  to  an  innocent  third  person. 
26  L.R.A. (N.S.)  284. 

Tleliel  from  deed  prepared  by  grantee,  which 
does  not  protect  the  grantor's  rights. 
13  L.R.A.' (N.S.)    1089. 

Fraud  as  ground  for  admitting  parol  evi- 
dence that  a  written  instrument  im- 
porting absolute  conveyance  was  in- 
tended as  a  mortgage.  L.R.A. 191GB, 
178. 

Rights  and  remedies  of  prior  beneficiary 
where  change  of  beneficiary  is  accom- 
plished by  fraud  or  undue  influence. 
L.R.A.1916C,  1133. 

Liability  of  one  party  to  a  contract  or 
transaction  to  the  other  because  of 
bonus  or  commission  allowed  by  the 
former  to  the  latter's  agent.'  49 
L.R.A.  (N.S.)    101. 

Right  of  purchaser  at  sale  by  mortgage 
under  power  to  relief  in  case  of  mort- 
gagee's fraud.    49  L.R.A. (N.S.)  515. 

Right  of  trustee  to  redress  fraud  practised 
on  the  beneficiary  of  the  trust.  L.R.A. 
1915E,   451. 

Right  of  executor  or  administrator  to  avoid 
conveyance  or  transfer  by  decedent 
in  fraud  of  creditors.  50  L.R.A. 
(N.S.)  320. 

Power  to  amend  decree  of  divorce  by  add- 
ing provision  for  alimony  omitted  from 
original  decree  by  fraud.  L.R.A.1917D, 
326. 

§   3  7.  Action  at  law  for  damages. 

Waiver  of  right  of  action  for  damages. 
L.R.A.1918A,   106.. 

Right  of  action  for  fraud  or  deceit  caus- 
ing loss  of  remedy.     L.R.A.1917F,  719. 

Right  of  action  for  inducing  breach  of  con- 
tract by.     16  L.R.A. (N.S.)    746. 

Right  of  guardian  of  mentally  incompetent 
person  to  maintain  action  for  damages 
against  one  to  whom  ward  has  trans- 
ferred property.    34  L.R.A. (N.S.)   1058. 

May  purchaser  recover  damages  for  fraud 
as  to  both  articles  where  one  article 
is  substituted  for  another  at  his  re- 
quest and  both  are  defective.  37  L.R.A. 
(N.S.)  298. 

Begin  with  this  hoolc  on  every  law  question. 


FRAUD  AND  DECEIT,  VI.— cont'd 

Right  of  one  partner  of  dissolved  firm  to 
maintain  action  at  law  against  anotiier 
for  fraud  practised  on  dissolution  with 
re.spcct  to  assets.     6  L.R.A. (N.S.)   203. 

False  statements  in  reports  required  by 
statute  to  be  made  to  public  officers, 
as  basis  of  action  by  individuals  at 
common  law  for  deceit  against  officers 
or  directors  of  corporation  personally. 
6  L.R.A.  (N.S.)    872. 

Action  for  price  as  bar  to  action  for  dam- 
ages for.     8  L.R.A.  (N.S.)    582. 

Proof  of  claim  in  bankruptcy  as  bar  to 
action  for  deceit  in  securing  credit.  43 
L.R.A. (N.S.)    649. 

Right  of  action  for  fraud  in  entering  into 
partnership  contract  with  intent  of 
not  going  on  witli  business.  51  L.R.A. 
(N.S.)  94. 

Action  for  damages  for  fraud  in  securing 
execution  of  bill  or  note  not  yet  due. 
52  L.R.A. (N.S.)    945. 

Survival  of  cause  of  action,  and  abatement 
and  revival  of  action,  for  deceit  or 
false  representations,  upon  death  of 
•   party.     52    L.R.A. (N.S.)    885. 

Knowledge  of  plaintiff's  agent  as  defense 
in  action  for  false  and  fraudulent  mis- 
representaion,  where  his  knowledge  was 
not  disclosed  to  plaintiff.  6  B.  R. 
C.  952. 

§38.  Recovery  back  of  property. 

Recovery  of  nonexempt  property  conveyed 
to  avoid  nonexistent  or  unfounded  de- 
mand on  false  representations  by  gran- 
tee. 1  L.R.A.(N.S.)  1012;  L.R.A.1918E, 
367. 

Replevin  by  seller  of  property  from  fraud- 
ulent  purchaser.     1   L.R.A. (N.S.)    474. 

Right  of  seller  to  reclaim  goods  a«  against 
assignee  for  creditors  or  trustee  in 
bankruptcy  of  buyer  who  procured  them 
by  false  representations.  17  L.R.A. 
(N.S.)    1032. 

§39.  Recovery  back  of  money. 

Return  of  assessment  on  benefit  certificate 
proving  void  for  fraud.  3  L.R.A.  (N.S.) 
114. 

Right  of  holder  of  policy  to  recover  premi- 
ums paid  upon  the  faith  of  the  agent's 
false  representation,  notwithstanding 
part  performance.     3  B.  R.  C.  852. 

Right  to  recover  from  agent  money  paid 
him  for  his  principal  where  payment 
was  induced  by  agent's  fraud.  23 
L.R.A. (N.S.)   560. 

Equity  jurisdiction  of  suit  by  trustee  in 
bankruptcy  to  recover  sum  of  money 
from  one  who  has  received  a  fraudulent 
transaction  or  unlawful  preference. 
16  L.R.A.  ( N.S.  i  414. 

Right  to  recover  back  money  paid  on  sub- 
scription to  corporate  stock  in  ease  of 
fraud.     33   L.R.A.   722. 

Action  for  money  had  «nd  received  as 
proper  remedy  to  recover  money  secured 
by  a  fraudulent  contract.  36  L.R.A. 
(N.S.)     602. 


INDEX  TO  L.R.A.  NOTES. 


591 


FRAUD  AND  DECEIT,  VI.— cont'd 
Recovery  back  of  nonexempt  property  con- 
veved  to  avoid  nonexistent  or  unfound- 
ed" demand.      1   L.R.A.  (N.S.)    1007. 

§   40.  Prerequisites  to  relief. 

Jixhausting  remedy  at  law  as  condition 
precedent  to  equitable  remedies  of  cred- 
itors on  ground  of  fraud.  23  L.R.A. 
(N.S.)    104. 

Necessity  of  returning  consideration  before 
bringing  replevin  for  property  obtained 
l)v  fraudulent  purchase.  21  L.R.A. 
206. 

Return  or  tender  of  consideration  for  re- 
lease of  claim  for  personal  injuries  set 
aside  on  ground  of  fraud.  35  L.R.A. 
(N.S.)  660;  L.R.A.1918F,  1073. 

Compliance  with  contract  for  the  purchase 
of  real  estate  as  condition  precedent  to 
the  right  of  the  vendee  to  maintain 
an  action  against  his  vendor  for  fraud 
and  deceit.     L.R.A.1915F,  962. 

§   41.  Set-off  based  on  fraud. 

Set-off  on  account  of.  in  mortgage  fore- 
closure.    21   L.R.A.  324. 

Effect  of  fraudulent  assignment  of  judgment 
to  defeat  set-off.     23  L.R.A.  338. 

VII.  Waiver  of  fraud. 

§   42.  Generally. 

\Vaiver  of.     67   L.R.A.  705. 

Waiver  of  right  of  action  for  damages  for 
fraud  or  deceit.     L.R.A.1918A,  106. 

Retention  of  policy  of  insurance  as  waiver 
of  fraud  of  insurer  or  its  agent.  67 
L.R.A.   705;    38  L.R.A.  (N.S.)    787. 

Waiver  of  fraud  by  completing  executory 
contract  for  sale  of  personal  property 
after  discovering  the  fraud.  8  L.R.A. 
(N.S.)    4.52. 

Of  right  to  rescind  contract  for  purchase 
of  real  property  because  of  misstate- 
ment as  to  title.     39  L.R.A, (N.S.)   114. 


FRAUDS,   STATUTE  OF. 

See  Contracts,  §§  25-59. 


FRAUDULENT  CONVEYANCES. 

/.  In  general,  §§  1-5. 
II.  Consideration;    voluntary    trans- 
fers,  §§   6,    7. 

III.  Preferences ;  mortgages  ;  purchase 

hy  creditor  from  debtor,  §§  S- 
11. 

IV.  Notice;    participation     in     fraud; 

rights  of  purchaser,  §§   12-17. 
V.  Reservation  of  interest;  retention 

of  possession,    §§    lS-20. 
VI.  Transactions      hetween      husband 
and   unfe   and    other   relatives, 
§§  21,   21a. 
VII.  Who  mail  assail  transfer,  §  22. 
VIII.  Subsequent  creditors,  §  23. 

IX.  Remedies,    §§   24-26. 
Consult  also  L.R.A.  Digests  of  Cases. 


I  FRAUDULENT  CONVEYANCES— cont'd 
/.  In   general. 

§    1.  Generally. 

By  bankrupt,  see  Bankruptcy,  §§  13-17. 

Presumptions  and  burden  of  proof  as  to, 
see  EviDE-NXE,   §§  48-50. 

Sufficiency  of  proof  as  to,  see  Evidence, 
§  302. 

Conveyances  in  fraud  of  marital  rights,  see 
Husband  and  Wife,  §§  43,  43a. 

Conclusiveness  of  judgment  on  which  action 
to  set  aside  conveyance  is  based,  see 
Judgment,  §  38. 

As  to  fraud,  generally,  see  Fraud  and 
Deceit. 

Conflict  of  laws  as  to.     L.R.A.1916A,  1041 

Conveyance  or  transfer  by  one  secondarily 
liable.     47  L.R.A.  (N.S.)    320. 

Fraudulent  sale  of  trademark.  1  L.R.A. 
(N.S.)   727. 

Validity  of  pledge  or  other  transfer  of 
stock  of  corporation  when  not  made  in 
books  of  company  as  against  attach- 
ments, executions,  or  subsequent  trans- 
fers.   20  L.R.A.  (N.S.)  996. 

Conveyance  or  transfer  to  indemnify  sure- 
ties or  indorsers  as  a  voluntary  as- 
signment for  creditors.  31  L.R.A, 
(N.S.)    332. 

Right  of  insolvent  debtor  to  transfer  his  as- 
sets to  a  third  person,  who  is  to  apply 
the  proceeds  to  the  claims  of  such 
creditors  as  he  sees  fit.  21  L,R.A. 
(N.S.)   513. 

Right  to  dower  upon  avoidance  of  convey- 
ance as  against  creditors,  32  L.R.A. 
(N.S.)    103. 

Admissibility  of  declarations  by  vendor 
made  out  of  court  as  to  his  purpose  in 
making  a  conveyance  or  transfer  at- 
tacked as  fraudulent  as  against  credi- 
tors.    41  L.R.A.  (N.S.)    1. 

Federal  courts  following  state  decisions  as 
to  questions  in  relation  to  fraudulent 
transfers.     40  L.R.A. (N.S.)   420. 

§la.  Sales  in  bnllc. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  55. 

Statutory  requirements  on  sale  of  stock  of 
goods  in  bulk.     2  L.R.A. (N.S.)  331. 

Notice  to  creditors  under  Bulk  Sales  Law. 
L.R.A.1917F,  230. 

Effect  of  misrepresentations  in  statement 
seller  is  required  to  make  as  a  con- 
dition of  a  valid  sale  in  bulk.  45  L.R.A. 
(N.S.)    492. 

Applicability  of  Bulk  Sales  Law  to  trans- 
fer to  corporation  or  partnership  or- 
ganized to  take  over  the  business 
L.R.A.1918C,  932. 

Applicability  of  Bulk  Sales  Law  to  sale  of 
an  undivided  interest.  L.R.A.1917D, 
623. 

Applicability  of  statutes  relating  to  sales 
of  stocks  of  goods  in  bulk  to  transfer 
in  payment  of  a  creditor.  12  L.R.A. 
(N.S.)    174. 

Is  chattel  mortgage  within  meaning  of 
sales  in  Bulk  Law.  12  L.R.A.(N.S.) 
178. 


592 


INDEX  TO  L.R.A.  NOTES. 


FRAUDULENT       CONVEYANCES,       I.— 

cont'd 

What  kind  or  classes  of  property  are  with- 
in the  operation  of  bulk-sale  statutes. 
25  L.R.A.  (N.S.)  758;  45  L.R.A.  (N.S.) 
495. 

Applicability  of  bulk  sales  law  to  exempt 
property.     45  L.R.A. (N.S.)    497. 

What  are  "fixtures"  within  meaning  of 
Bulk  Sales  Law.     34  L.R.A.  (N.S.)   218. 

Sale  of  stock  of  liquors.    L.R.A.1916D,  1010. 

Remedy  of  creditors  where  sale  is  made 
in  violation  of  Bulk  Sales  Law.  39 
L.R.A.  (N.S.)   374;  L.R.A.1916B,  974. 

Validity  as  against  purchaser  of  stock  of 
goods  in  bulk  of  conditional  sale  con- 
tract permitting  purchaser  to  resell  in 
the  ordinary  course  of  business.  L.R.A. 
1917B,  659. 

Right  of  purchaser  in  violation  of  Bulk 
Sales  Law,  wliere  price  has  been  applied 
to  pavment  of  creditors  of  seller.  51 
L.R.A'. (N.S.)   343. 

Right  of  purchaser  to  indemnity  for  ex- 
pense of  defending  suit  or  proceetling 
based  on  Bulk  Sales  Act.  L.R.A.1916F, 
551. 

§  2.  As  between  parties  or  privies. 

Recovery  of  nonexempt  property  conveyed 
to  avoid  nonexistent  or  unfounded  de- 
mand. 1  L.R.A. (N.S.)  1007;  L.R.A. 
1918E,  367. 

Is  a  judgment  in  a  suit  to  set  aside  a  fraud- 
ulent conveyance,  which  purports  to  de- 
vest entirely  the  title  of  the  grantee, 
res  judicata,  as  between  grantor  and 
grantee  or  their  privies.  21  L.R.A. 
(N.S.)    481. 

Right  of  client  to  recover  property  placed 
in  name  of  his  attorney  in  order  to 
defraud  creditors.  37  L.R.A.  (N.S.) 
161. 

Applicability  of  statutory  provision  for  re- 
storation of  property  in  case  of  divorce 
to  conveyances  in  fraud  of  creditors. 
39   L.R.A.(N.S.)    193. 

§   3.  Effect  of  grantor's  intent. 

Wliat  intent  to  defraud  by  sale  of  property 
will  sustain  an  attachment.  30  L.R.A. 
476. 

Grantor's  purpose  to  avoid  his  obligations 
as  affecting  delivery  of  deed  to  third 
person.    54  L.R.A.  884. 

Purchaser's  ignorance  of  debtor's  fraudu- 
lent intent  in  convevance  to  him.  36 
L.R.A.  338. 

Effect  of  intent  to  avoid  liability  on  re- 
covery of  nonexempt  property  conveyed 
to  avoid  nonexistent  or  unfounded  de- 
mand.    1  L.R.A.  (N.S.)   1008. 

Right  of  insolvent  to  testifv  as  to  his  in- 
tent,   23  L.R.A. (N.S.)  395. 

§   4.  Effect  on  le^al  title. 

As  to  creditors.    67  L.R.A.  865. 

Title  of  fraudulent  grantee  as  to  parties 
not  creditors.     67  L.R.A.  889. 

Title  of  bona  fide  purchaser  from  fraudu- 
lent grantee.     67   L.R.A.   891. 

Begin  with  this  hooTc  on  every  law  question 


FRAUDULENT  CONVEYANCES,  I. — 
cont'd 

Title  conveyed  by  bona  fide  purchaser  to- 
one  having  knowledge  of  the  fraud.  67 
L.R.A.  898. 

When  title  is  in  fraudulent  grantee  as  to- 
his   creditors.      67    L.R.A.   899. 

Rights  of  purchaser  otiier  than  judgment, 
creditor  at  execution  sale.  67  L.R.A. 
900. 

Validity  of  title  or  lien  acquired  by  cred- 
itor of  fraudulent  transferrer  through, 
fraudulent  transferee.     5  B.  R.  C.  277. 

§   5,  Rights    of    creditors    in    personal 

services  of  debtor. 
See  Debtoe  and  Creditor,  §  2. 

II.  Consideration;  voluntary  transfers. 

§   6.  Generally. 

Pre-existing  debt  as  consideration  for  bona 
fide  purchase  of  property  not  negotia- 
ble.    36  L.R.A.  161. 

Consideration  for  conveyance  from  debtor 
to  creditor  in  satisfaction  of  debt.  36- 
L.R.A.  346. 

When  will  a  purchaser  of  property  for  less 
than  its  value,  without  fraudulent  in- 
tent, be  regarded  as  a  trustee  for  cred- 
itors.    5  L.R.A. (N.S.)    395. 

Participation  by  purchaser  in  vendor's- 
fraud  which  will  invalidate  transfer 
for  good  consideration.     32  L.R.A.  33. 

May  one  be  a  "purchaser"  for  a  valuable 
consideration  where  nothing  capable  of 
money  measurement  is  given.  4  B.  R. 
C.  782. 

Right  of  creditors  to  attack  conveyance- 
made  in  pursuance  of  previoiis  oral 
agreement  unenforceable  because  of" 
statute  of  frauds.     L.R.A.191GD,   1213. 

§   7.  Voluntary   conveyances. 
Voluntary     conveyance;      validity     of.       4 

L.R.A.    353. 
Validity    of   gift    of    husband's    services    to 

wife   as   against   creditors.     21    L.R.A. 

623. . 
Gift  as  a  fraud  on  contract  to  will  property. 

20  L.R.A.  (N.S.)    1154. 
Voluntary   release    of   debt   as   fraud   upon 

creditors    of     releasor.       L.R.A.1918A, 

404. 


///.  Preferences ;  mortgages ;  pitrcfiase 
by  creditor  front   debtor. 

§   8.  Preferences. 

In    assignment    for    creditors,    see    AssiGX- 
MEXT  FOR  Creditors,  §§  15,  16. 

By  bankrupt,  see  Baxkbui'Tcy,  §§  13-17. 

By  insolvent  bank,  see  Banks,  §  40. 

By     insolvent     corporation     generally,     see- 
Corporations,  §  137. 
insolvent   debtor  generally,   see  Insol- 
vency, §  3. 


By 


§   Pa.  -i-  by  mortgage. 

Instrument  of  transfer  absolute  in  form  but 
intended  as  a  mortgage.  L.R.A.191GB, 
576. 


INDEX  TO  L.R.A.  NOTES. 


593 


FRAUDULENT  CONVEYANCES,  III.— 
cont'd 

Preference  by  mortgage  or  sale  as  an  as- 
signment for  creditors.     37  L.R.A.  337. 

Effect  of  insolvency  statutes  on  mortgage 
preferring  creditors.     37  L.R.A.  465. 

§   9.  Mortgages. 

Preference  by,  see  supra,  §  8a. 

Rights  and  remedies  of  creditors  of  chattel 

mortgagor,     see     Chattel     Mortgage, 

§§  13-15. 

Governing  law  of  sale  or  mortgages  of  per- 
sonal property,  as  affected  by  fraud 
against  creditors.  11  L.R.A.  (N.S.) 
1007. 

May  a  mortgage  for  an  actual  contempo- 
raneous loan  be  set  aside  as  fraudulent 
as  against  creditors.  26  L.R.A. (N.S.) 
1068. 

May  a  chattel  mortgage  fraudulent  as  to 
a  portion  of  the  property  be  upheld  as 
to  the  remainder.    13  L.R.A.  (N.S.)  921. 

§  10.  Purchase  by  creditor  from 
debtor. 

Participation  in  debtor's  fraudulent  intent, 
see  infra,   §   14. 

Effect  of  taking  an  excessive  amount  of 
property  from  debtor  in  payment  of  a 
claim  as  a  fraud  against  other  credit- 
ors.   21  L.R.A. (N.S.)   222. 

§    11.  —  right  to  purchase. 

Generally.     36  L.R.A.  335. 

Purchaser's  ignorance  of  the  debtor's  intent. 
36  L.R.A.  338. 

Purchaser's  knowledge  of  the  intent  or  ef- 
fect.    36  L.R.A.  339. 

As  to  parties  preferred.     36  L.R.A.  341. 

As  to  the  consideration.     36  L.R.A.  346. 

Where  the  conveyance  was  held  partly  void, 
but  a  lien  was  allowed.     36  L.R.A.  354. 

Where  there  was  a  trust  reserved  for  the 
debtor.      36    L.R.A.    ,356. 

Participation  by  tiie  preferred  creditor  in 
the  fraud  of  the  debtor.    36  L.R.A.  360. 

Burden  of  proof.     36  L.R.A.  361. 

Fraudulent  intent  a  question  of  fact.  36 
L.R.A.    3G3. 

Louisiana  ca.ses.     36  L.R.A.  364. 

IV.  Notice;  liurlicipation  in  fraud; 
rif/lits  of  purchaser, 

§    12.  Notice  to  purchaser. 

Neceesitv  of  actual  notice  to  purchaser  of 
.seller's  fraud.     9  L.R.A.  419.* 

8    13.   Participation  in  debtor's  fraud. 

Participation  by  pvcfened  creditor  in  debt- 
or's fraud  ill  convevin'^  property  in 
payment  of  debt.     36  L.K.A.  306. 

§  1-1.  —participation  in  fraudulent  in- 
tent. 

Participation  by  creditor  in  fraudulent  in- 
tent of  debtor  which  will  make  a 
transfer  to  pay  or  secure  his  debt 

,  invalid   as   to   other   creditors.     31 

*"  L.R.A.    609. 

Participation  by  agent.     31  L.R.A.  642. 

CotistiU  alio  Tj.R.A,  Digests  of  Cases 


FRAUDULENT     CONVEYANCES,     IV.— 

cont'd 
§    15.  —invalidation     by,     of     transfer 

for  good  consideration. 

Necessity  of  participation;  general  doctrine. 

32  L.R.A.  33. 
What  constitutes  participation.     32  L.R.A. 

36. 
Effect  of  pavment  of  full  consideration.    32 

L.R.A.  40. 
Tlie   intent   necessary   to   constitute   fraud.^ 

32  L.R.A.  41. 
To  what  conveyances  the  rule  applies.     32 

L.R.A.'  43. 
Necessity  of  injury  to  creditors.     .32  L.R.A> 

44.  ^ 
Knowledge  or  notice  sufficient  to  put   pur- 
chaser   upon    inquiry.      32    L.R.A.. 
44. 
Payment  after  notice.     32  L.R.A.  63. 
Application  of  purchase  price  to  debts.     32 

L.R.A.  65. 
Effect  of  assumption  of  vendor's  debts.     32 

L.R.A.  66. 
Effect  of  relationship  or  intimacy  of  parties. 

32  L.R.A.  67. 
Effect  of  fraud   in  other   transactions.     32 

L.R.A.  69. 
Registration    and    failure    to    record.      32 

L.R.A.  69. 
Purchases    from    fraudulent    grantees.      32 

L.R.A.  69. 
Presumptions    and    burden    of    proof.      32 

L.R.A.  71. 
Effect  of  participation.     32  L.R.A.  72. 

§    16.  Rights  of  purchaser. 

Right  to  attack  judgment,  see  Judgment, 
§   53. 

Attack  by  alleged  fraudulent  grantee  on 
judgment  on  which  action  to  set  aside 
his  conveyance  is  based.    67  L.R.A.  590, 

May  one  who  takes  a  contract  or  bond  for 
the  conveyance  of  property  from  a 
third  person  to  defraud  the  creditors  of 
another  who  had  the  legal  title  to  the 
property,  but  represented  it  to  be  in 
such  third  person,  invoke  the  doctrine 
of  estoppel  against  him.  13  L.R.A. 
(N.S.)  1118. 

§17.  — from   fraudulent  grantee. 

Protection  of  bona  fide  purchaser  from 
fraudulent  grantee.    3  L.R.A.  822.* 

V.  Reservation  of  interest;  retention  of 
possession. 

§  18.  Reservation  of  interest  by 
grantor. 

Reservation  of  surplus  upon  assignment  of 
chose    in   action   as   security, ,  as   a 
fraud    upon    other    creditors.      30 
L.R.A. (N.S.)  .370. 
Effect    of    contemporaneous    agreeirtent    to 
give  debtor  employriient  or  retain   him 
in  a  position,  to  render  attempted  pref- 
erence   invalid    as    to    other    creditors. 
17  L.R.A. (N.S.)  310. 

§19.  Retention  of  possession;  failure 
to  file. 

Permitting  chattel  mortgagor  to  retain  pos- 
session, see  Chattel  Mortgage,  §  14, 


38 


594 


INDEX  TO  L.R.A.  NOTES. 


FRAUDULENT  CONVEYANCES,  V.— 
cont'd 

Retention  by  grantor  as  showing  fraudulent 
intent.     31  L.R.A.  635. 

Sufficiency  of  change  of,  as  regards  credit- 
ors by  delivery  to  carrier.  22  L.R.A. 
425, 

Estoppel  of  one  who  permits  title  to  real 
property  to  stand  in  another's  name  to 
assert  title  as  against  latter's  credit- 
ors. 30  L.R.A.  (N.S.)  1;  46  L.R.A. 
(N.S.)    1097. 

Rights  of  purchaser  of  personal  property 
who  temporarily  leaves  it  in  possession 
of  vendor,  because  of  inconvenience  of 
taking  immediate  possession,  as  against 
subsequent  purchasers  from,  or  attach- 
ing creditors  of,  the  vendor.  25  L.R.A. 
(N.S.)   604. 

Is  failure  to  take  imraecJiate  possession  up- 
on sale  of  chattels  cured  by  taking  pos- 
session before  attachment  of  the  par- 
ticular right  or  lien  of  the  person  at- 
tacking the  sale.    28  L.R.A. (N.S.)  214. 

Necessity  of  delivery  to  protect  purchaser 
against  creditors  of  seller  of  an  un- 
divided interest  in  personalty  not  in 
his  possession.     31  L.R.A. (N.S.)    1162. 

§  2  0.  Overcoming-  presumption  of 
fraud  flowing  from  retention. 

The  English  rule.     24  L.R.A. (N.S.)   1131. 
Rule   that   presumption    is   conclusive.      24 

L.R.A.  (N.S.)    1133. 
Rule  that  presumption  is  prima  facie.     24 

L.R.A.  (N.S.)   1143. 

VI.  Transactions  hettveen  husband  and 
tvife  and  other  relatives. 

§   21.  Generally. 

Transactions  between,  as  fraud  on  creditors. 
32  L.R.A.  67. 

Preference  of  relative  by  transfer  of  prop- 
erty in  satisfaction  of  debt.  36  L.R.A. 
341. 

Effect  of  relationship  to  show  participation 
bv  creditors  in  debtor's  fraudulent  in- 
tent.    31  L.R.A.   645. 

^   21a.  Husband   and   wife. 

Validity  of  marriage  settlement  as  against 
creditors.     32   L.R.A.   43. 

Wife's  right  to  insure  husband's  life  with 
reference  to  husband's  creditors.  53 
L.R.A.  820. 

Policy  of  life  insurance  payable  to  wife  as 
asspts  of  bankrupt  or  insolvent  hus- 
band. 50  L.R.A.  33;  46  L.R.A.  (N.S.) 
148. 

Right  of  husband's  creditors  to  reach  fruits 
of  his  management  of,  or  services  in 
connection  with,  wife's  separate  estate 
or  business.  21  L.R.A.  623;  23  L.R.A. 
(N.S.)   1124.     . 

Invalidity  of  contract  between  husband  and 
wife  to  compromise  pending  or  con- 
templated divorce  suit  as  against  cred- 
itors of  insolvent  husband.  60  L.R.A. 
413. 

Burden  of  proof  as  to  fraud  against  credit- 
ors in  transfer  from  husband  to  wife. 
56  L.R.A.  823. 


Begin  with  this  hook  on  every  law  question. 


FRAUDULENT     CONVEYANCES,     VI.— 

cont'd 
Validity   of   arrangement   for   household    fi- 
nances  as   against  husband's   cred- 
itors.    43  L.R,A.(N.S.)    085. 
"Butter  money,"  etc.     48  L.R.A. (N.S.) 
689. 

VII.  Who   may  assail  transfer. 

§    2  2.  Generally. 

Subsequent  creditors,  see  infra,   §  23. 

Right  of  purchaser  on  execution  to  set  aside 
fraudulent  conveyance.     15  L.R.A.  784. 

Right  of  creditor  to  attack  judgment  against 
debtor  in  favor  of  another  creditor  on 
ground  of  accident  or  mistake.  29 
L.R.A.  (N.S.)  1190. 

Law  determining  right  of  foreign  assignee 
for  creditors  to  avoid  fraudulent  con- 
veyance.    65  L.R.A.  365. 

Right  of  administrator  de  bonis  non  to 
avoid  fraudulent  transfers  by  predeces- 
sors.    40  L.R.A.  72. 

Right  of  devisee  or  legatee  to  attack  con- 
veyance or  transfer  bv  testator.  30 
L.R.A.  (N.S.)   194. 

VIII.  Subsequent  creditors. 

§   23.  Generally. 

Right  as  against  subsequent  creditors  to 
create  trust  to  pay  the  income  to  set- 
tlor for  life  and  after  his  death  to  his 
heirs  or  devisees.  12  L.R.A.  (N.S.) 
369. 

Right  of  subsequent  creditor  to  question 
corporate  mortgages  in  favor  of,  or  for 
the  benefit  of.  directors,  in  absence  of 
fraud.     12  L.R.A. (N.S.)  825. 

IX.  Remedies. 

§   24.  Generally. 

Who  may  assail  transfers,'  see  supra,  §§  22. 

23. 
Creditors'  bill  to  set  aside,  see  Creditors' 

Bill, 

As  to  real  property  in  another  state  or  coun- 
try.    69   L.R.A.   688;    27   L.R.A.  (N.S.) 
420. 
Action    by    general    creditor    for    damages 
against  third  party  on  account  of  fraud 
in    disposing    of    debtor's    property,    or 
preventing  plaintiff'  from  collecting  his 
claim.     47    L.R.A.    433;    L.R.A.19i7E, 
1148. 
Recovery   of   nonexempt   property   conveyed 
to  avoid  nonexistent  or  unfounded  de- 
mand.    L.R.A.1918E,  367. 
May  creditor  of  fraudulent  vendor,  without 
lien,  maintain  an  action  ex  delicto 
or  ex  contractu  against  a  fraudu- 
lent vendee  who  has  converted  or 
disposed      of      the      property.      26 
L.R.A.  (N.S.)    545. 
Right  of  creditor  of  bankrupt  to  set  aside 
transfer    in    fraud    of    creditors.      10 
L.R.A.  (N.S.)   305. 
Equity    jurisdiction   of   suit   by   trustee   in 
bankruptcy   to   recover   sum    of   money 
,    from  one  wlio  has  received  fraudulent 
transfer    on    unlawful    preference.      16 
L.R.A,(N,S,)    414. 


INDEX  TO  L.R.A.  NOTES. 


595 


FRAUDULENT  CX>NVEYANCES,  IX.— 

cont'd 
Right  to  attach  property  after   fraudulent 

transfer    on    unlawful    preference.      16 

L.R.A.(N.S.)    414. 
Eight  to   attach   property   after  fraudulent 

assignment    for    creditors.      26    L.R.A. 

595. 
Remedy  of  creditors  where  sale  is  made  in 

violation  of  bulk  sales  law.     39  L.R.A. 

(N.S.)    374;   L.R.A.1916B,  974. 
Right  to  accept  favorable  part  of  decree  and 

appeal  from  the  rest.     29  L.R.A.  (N.S.) 

14. 

§   25,   Injunction. 

Surety's  right  prior  to  obtaining  a  judg- 
ment or  lien  to  enjoin  principal's  trans- 
fer of  property  to  defraud  him.  15 
L.R.A.  (N.S.)    484. 

Injunction  against  execution  sales  of  fraud- 
ulent purchasers.     30  L.R.A.  114. 

§   26.  Conditions  precedent. 

Conditions  precedent  to  equitable  remedies 
of  creditors  in  case  of  fraudulent  as- 
signments.    23  L.R.A. (N.S.)   118. 


FRAUDULENT  ENLISTMENT. 

Right  of  minor  luilawfully  enlisted  in  Army 
or  Navy  to  discharge  on  habeas  corpus 
from  custody  of  court-martial  under 
charge  of.  18  L.R.A. (N.S.)  956;  L.R.A. 
1917D,  1059. 


FRAUDULENT  INTENT. 

See  Intent,  §  11. 


■♦*♦■ 


FREE  CHURCH. 

Rights  in  pews  in.     22  L.R.A.  215. 

♦-•-♦ 

FREE    DELIVERY. 

Statute  requiring  express  companies  to 
make  in  certain  cities  as  interference 
with    interstate   commerce.     19   L.R.A. 

(N.S.)  94. 


FREEHOLDERS. 

Necessity  that  grand  juror  be.     28  L.R.A. 
197. 


FREEHOLD  ESTATE. 

Applicability  of  rule  in   Shelley's  Case  to. 
29  L.R.A.(N.S.)    1031. 


FREE  MARKET. 


Diversion  of  trade  by  labor  union  from  one 
with  whom  it  is  in  controversy  as  viola- 
tion of  right  to.    1  B.  R.  C.  274. 


FREE  MASONS. 


Power  of  courts  to  review  decisions  of  tri- 
bunals of.     49  L.R.A.  353. 


♦  ♦» 


FREE  PASS. 

See  Caebiebs,  §§  23,  29. 

♦-•-♦^ 


FREEDOM. 


Unconstitutional   restraint  on,  see  Consti- 
tutional Law,  IX. 

Discrimination    against   women    in    restric- 
tions of.    49  L.R.A.  111. 


FREEDOM  OF  SPEECH,  PRESS  AND 
WORSHIP. 

Sec  Constitutional  Law.  §  29a. 

Con  unit  also  L.R.A.  Digests  of  Cases. 


FREE  PASSENGERS. 

See  Cabbiebs,  §§  7,  23,  29,  57. 
^»» 

FREE    SCHOOLS. 
See  Schools. 

♦  •» 

FREE  SERVICE. 
By  physician  or  surgeon.    37  L.R,A,  837. 

♦-•-♦ 

FREE   SPEECH. 
See  Constitutional  Law,  §  29b. 


FREE  TRANSPORTATION. 

Of  passenger,  see  Caekieu.s.  §§  7.  23.  29,  57. 

Dutv  of  public  to  furnish  free  transporta- 
'tion  to  pupils.     37  L.R.A. (N.S.)    1110. 


FREEZING. 


Duty  of  carrier  to  protect  goods  in  transit 
from.     39  L.R.A. (N.S.)    640,  645. 


506 


INDEX  TO  L.R.A.  NOTES. 


FT5EEZING! — cont'd 

Dutv  of  building  contractor  to.  protect  work 
'from  freezing.     16  L.R.A.(N.S.)   801. 

Liability  of  landlord  to  tenant  for  loss  due 
to  bursting  water  pipes  caused  by  freez- 
ing.   L.R.A.1917B,  244. 

Recovery  under  ^^'orkmen'9  Compensation 
Act  for  injury  caused  by.  L.R.A.1918F, 
936. 


FREIGHT. 

Carriers  of,  see  Carriers,  IV. 

Hypothecation  of.     70  L.R.A.  431. 
Li'en  for.     70  L.R.A.  358,  368. 
Right  of  mortgagee  of  ship  as  to  freight. 
4  B.  R.  C.  538. 


FREIGHT  AGENCIES. 

Character    of,    as    common     carriers.      42 

L.R.A.(N.S.)    902. 


FREIGHT   AGENT. 


Authority  of,  to  contract  for  services  of 
other  persons.    L.R.A.1918F,  63. 

Authority  of  freight  agent  of  initial  car- 
rier to  extend  carrier's  undertaking  be- 
yond its  own  line.  31  L.R.A.  (N.S.) 
33. 

Carrier's  liability  for  malicious  acts  of, 
towards   patron.      4   L.R.A. (N.S.)    494. 

Carrier's  liability  for  malicious  refusal  of, 
to  deliver  freight.     7  L.R.A.  (N.S.)   926. 


FREIGHT  CARS. 


Carrier's  duty  as  to,  see  Carhiers,  §8  136- 

140. 
Liability   for  failure  to   furnish,   see   Car- 

BIEBS,  §§  139,  140. 


FREIGHT   CHARGES. 

See  Carriers,  IV.  g. 


FREIGHT  ELEVATORS. 

See  Elevators,  §§  2-8. 


FREIGHT   TRAINS. 

Passengers  on,  see  Carriers,  §§  61,  85,  95. 


FRESHET. 


FRICTION  MATCHES. 

Keeping    of,   on    insured   premises. 
1917C,  278. 


L.R.A. 


FRIEND. 

Voluntariness   of  confession  to.     18  L.R.A. 

(N.S.)    855;    50    L.R.A.  (N.S.)    1077. 
Killing  or  assaulting  of,  as  sufficient  prov- 
ocation   to    reduce    homicide    to    man- 
slaughter.    .17   L.R.A. (N.S.)    795. 


FRIEND    OF   COUR?r. 

See  Amicus  Curi^. 


Liability    of    one    damming    back    water    of 
stream   for  injury   by.     59   L.R.A.  876. 
Bcfjitt  with  thi.H  huok  on  every  law  question 


FRIGHT. 

§    1.  Of  animal. 

Of  horse,  see  Horses.  §§  7-14. 

Of  animals  on  railroad  track,  see  Railroads. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  725. 

Liability  for  injuries  in  consequence  of 
fright  of  animals  not  on  highway  be- 
cause of  an  improper  use  of  higlnvay. 
L.R.A. 1918U,  571. 

Liability  for  injury  to  animal  from  fright 
caused  by  wrongful  act.  L.R.A.1917C, 
991. 

Liability  for  friglitening  animal  to  death. 
23  L.R.A.  (N.S.)   183. 

Sufficiency  of  general  allegations  as  to  neg- 
ligence by  frightening  of  animals.  59 
L.R.A.  233. 

Duty  of  carrier  to  guard  against  results  of 
'fright  of  live  stock.  39  L.R.A. (N.S.) 
642. 

§   2.  Of  liunian  being. 

Proximate  cause  of  injury  by,  see  Proxi- 
mate Cause,  §§  18-20. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  725. 

As  a  basis  for  cause  of  action.  14  L.R.A. 
666. 

Consequential  injuries  in  case  of.  53  L.R.A. 
633. 

As  element  of  damages  for  injury  by  dog. 
37  L.R.A. (N.S.)   866. 

Liability  for  frightening  passenger.  45 
'  L.R.A. (N.S.)    433. 

As  proximate  result  of  discharging  passen- 
ger at  improper  place  or  one  not  his 
destination.    7  L.R.A. (N.S.)  1182. 

Is  one  causing  fright  by  unlawful  act  guilty 
of  homicide  because  death  follows 
fright.     16  L.R.A. (N.S.)   327. 

Liability  of  carrier  for  injury  to  pregnant 
woman  bv  seeing  lunatic  on  train.  3i? 
L.R.A.  (N.S.)   647. 


INDEX  TO  L.R.A.  NOTES. 


5!)7 


J'RIG  [IT— cont'd 

§   3.  — liability  for  physical   injury  re- 
sulting from. 

Hight  to  recover  for  physical  injury  result- 
ing from  fright  caused  bv  a  wrong- 
ful   act.      3    L.R.A.(N.S".)     49;    22 
L.R.A.(N.S.)       1073:      24      L.R.A. 
(N.S.)   1159;  L.R.A.1915D,  830. 
Liability   for   physical    injury   to   passenger 
resulting  from  fright.     45  L.R.A.  (N.S.) 
435. 


FRIVOLOUS  SUITS. 

Right   of   court   to   decline   jurisdiction    of. 
6  B.  R.  C.  334. 


■♦•»■ 


FROGS. 

See  Unblocked  Switches. 


♦  •»- 


FRONTAGE    TAX. 

See  Public  Ijiprovements,  §  25. 


FRONT-FOOT   RULE. 

Assessments  for  public  improvements  by  the 
front-foot    rule,    see    Public   Impbove- 

MENTS,  §  25. 


FROST. 

Provision  exem;  ling  carrier  from  liability 
for  loss  by  frost  as  extending  to  loss 
caused  by  negligence.    6  B.  R.  C.  130. 


FROST  BITES. 


Injury  from,  as  within  protection  of  Work- 
men's Compensation  Act.  L.R.A.1917D, 
108,  129. 


FROSTY. 

Judicial  notice  of  intoxicating  character  of. 
48   L.R.A. (N.S.)    316. 


FRUCTUS   INDUSTRIALES. 

See  Ckops. 

Consult  also  L.R.A.  Digests  of  Cases. 


FRUIT. 

Fruit  trees,  see  Fruit  TBEa:s. 

As  subject  of  larceny.    49  L.R.A. (N.S.)  966, 

969. 
Title     to,     when     wrongfully     severed.     32 

L.R.A.  422. 
Classification    of  growing  fruit   as   real   or 

personal  property.     16  L.R.A.   103. 
Right  to  fruit  and  clippings  from  trees  near 

boundary  line.     21  L.R.A.  730;  L.R.A. 

1915E,  307. 


FRUIT    «TAND. 


Power  of  municipality  to  grant  permit  for, 
on  street  or  sidewalk.     25  L.R.A. (N.S.) 

402. 


FRUIT   TREES. 


Measure  of  damages  for  injury  to.  or  de- 
struction of.  19  L.R.A.  658;  11  L.R.A. 
(N.S.)  930;  28  L.R.A.(N.S.)  757;  37 
L.R.A.  (N.S.)    1115. 

Right  as  between  owner  of  land  and  owner 
of  trees  to  annual  product  of  trees. 
L.R.A.1915E,  307. 


37 


FUEL. 

Validity   of    sale    of,    in    violation    of  law 

12  KR. A. (N.S.)   597. 
Right  of   life   tenant  to  timber  for 

L.R.A.(X.S.)   764. 
Action  on  contractor's  bond  for  cost  of.     43 

L.R.A.  (N.S.)    167;   L.R.A.1915F,  953. 
Mechanics'  lien  for  fuel  consumed  in  process 

of    work.      L.R.A.]  915E,    987. 


FUGITIVES  FROM  JUSTICE. 

In  general,  see  Extradition. 

As  nonresidents  for  purpose  of  attachment. 
19  L.R.A.  668. 


^•» 


FULL  AGE. 

See  Majobity,  §  1. 

♦-•-♦ 


FULL  CREW  ACT. 


49 


Constitutionality    and    application    of 

L.R.A.(N.S.)   977. 
As   interference   with    interstate   commerce, 

29  L.R.A.(N.S.)   240;   62  L.R.A.(N.S.) 

268. 


,-,08  INDEX  TO  I- 

FULL    DISCLiOSURE. 

Duty  of  accomplice  testifying  for  prosecu- 
"tion  to  make.     24  L.R.A.(N.S.)    443. 

♦-•-♦ 


FUIiL  FAITH  AND  CREDIT. 

To  statute  of  other. state,  see  Conflict  of 

Laws. 
To  judgment  of  other  state,  see  Judgment, 

V.'b. 


FUIili  OWNERSHIP. 

Of  insured  property,  see  Insurance,  §  67. 


FULL  PAID  STOCK. 

Effect  of  creditor's  knowledge  that  stock 
was  improperly  issued  as  full  paid  on 
his  right  to  resort  to  holder.  8  L.R.A. 
(N.S.)   271. 


FUMES. 

Liability  of  master  for  injury  to  servant  by 
fumes  arising  from  materials  handled 
by  him.     35  L.R.A.  (N.S.)   679. 


FUND. 

Recovery  of  costs   out  of,   see   Costs   and 
Fees,  §  4. 


FUNERAIi. 


Allowance  for  mental  anguish  resulting 
from  negligence  in  transmission  of  tele- 
gram relating  to,  see  Damages,  §  102. 

■»«» 


FUNERAL  BENEFITS. 

See  Insurance,  §  219. 


R.A.  NOTES. 

FUNERAL  SERVICES. 

Lack  of,  as   a  criminal   offense.     42  L.R.A» 
(N.S.)    211. 


FURNACES. 

As  part  of  realty.     1  B.  R.  C.  972. 


FURNISHED  HOUSES. 

Implied  covenant  of  fitness  for  purpose  in- 
tended.    33   L.R.A.   455. 


FUTURE. 

Promises  as  to  future  as  fraud,  see  Fraud 
AND  Deceit,  §  8. 

Effect  of  provision  that  term  of  lease  sliall 
commence  in  future.  15  L.R.A.  (N.S.) 
1078. 


FUTURE  ACCOUNTS. 

Mortgage  or  assignment  of.      14  L.R.A.  126. 

♦-•-♦ 

FUTURE  ACQUIRED  PROPERTY. 

Passing  of,  by  deed,  see  Deeds,  §  22. 


FUNERAL  EXPENSES. 

Liability  of  estate  for,  see  Executors  and 
Administrators,  §§  36,  37. 

Right  to  recover  funeral  expenses  of  per- 
son negligently  killed.     2  B.  R.  C.  711. 

Husband's  right  at  common  law  to  recover 
funeral  expenses  caused  bv  negligent 
killing  of  wife.     9   L.R.A.  (N.S.)    1193. 

Liability  of  husband  for  funeral  expenses  of 
wife.     47  L.R.A. (N.S.)   283. 

Begin  with  this  hoolc  on  every  laic  question. 


FUTURE  ADVANCES. 

Security  for,  as  participation  by  creditors 
in  debtor's  fraudulent  intent.  31 
L.R.A.    631. 

Keeping  equitable  mortgage  alive  after  pjiy- 
ment  as  security  for.  1  L.R.A. (N.S.) 
405. 

Effect  of  recording  within  four  months 
period  prescribed  in  bankruptcy  act  of 
1898  of  mortgage  given  for.  25  L.R.A. 
(N.S.)    144. 

Estoppel  to  set  up  original  obligee's  breach 
of  condition  to  make  future  advances, 
as  against  assignee  of  contract  for  pay- 
ment of  money,  not  protected  by  the 
law  merchant.     23  L.R.A.  (N.S.)   178. 


FUTURE    CROPS. 


Chattel   mortgage   on,   see   Chattei.   Mort- 
gage, §  11. 

Sale  of.    23  L.R.A.  449;  L.R.A.19nC,  8 


t 


INDEX  TO  L.R.A.  JMOTES. 


599 


FUTURE  DAMAGES. 

See  Damages,  §  119. 


FUTURE  DELIVERY. 

Right  to  dividends  on  sale  of  corporate 
stock  for.  45  L.R.A.  394;  L.R.A.1917B, 
326. 


FUTURE  EARNINGS. 

Assignability  of,  see  Assignment,  §  6. 
Mortgage  of,  see  Chattex  Mortgage,  §  10. 
Rights  and  liabilities  of  parties  to  mortgage 

as  to,  see  Mortgage,  §  33. 
Remedy  for   recovery   of,  see  Master  and 

Servant,  §  43a. 

Garnishment  of  unearned  salary.     20  L.R.A. 

(N.S.)    912. 
Equitable    remedy   to   subject   to    judgment 

after  return  of  no  property  found.     63 

L.R.A.  704. 


FUTURE  ESTATES. 


In     general,     see     Deeds,     §  31;     Wills, 
§§   99-102. 

Adverse   possession  against  owners  of.     19 
L.R.A.  839. 


FUTURE  PROFITS. 

Loss  of,  as  element  of  damages,  see  Dam- 
ages, §§  107-118. 


FUTURES. 


Validity    of    dealings    in,    see    Contracts, 

§§  106,  116. 
Relief    from    contracts    as    to    futures,    see 

Contracts,  §  116. 

Power  of  legislature  to  enact  prima  facie 
rule  of  evidence  in  prosecution  for 
dealing  in.     L.R.A.1915C,  728. 


FUTURE  WAGES. 

See  Future  Earnings, 


GAMBIilNG. 


See  Gaming. 


GAMBLING    DEVICE. 

See  Gaming,  §  6. 


GAME. 

Game  laws,  see  Game  Laws, 
Game  warden,  see  Game  Warden. 

Taking  of  game  as  larceny.     L.R.A.1918A, 
547. 


GAME    LAWS. 


Constitutionality    of,    see    Constitutional 

Law,  §  08.' 
As  to  fish,  see  Fisheries. 

Validity  of  contract   in   violation  of.        12 

L.R.A. (N.S.)   612. 
Discrimination      against      nonresidents      in 

granting  license  to  take   fisli  or  game^ 

40   L.R.A.  (X.S.)    285. 
Consult  alfio  L.B.A.  Digests  of  Cases. 


GAME  LAWS— cont'd 

Regulation  of  sale  or  transportation  of 
game  raised  in  captivity.  10  L.R.A. 
(N.S.)    1155. 

Applicability  of  game  laws  to  domesticated 
animals.      L.R.A. 1916C,    .343. 

Forfeiture  of  personal  property  used  in 
violation  of.     L.R.A.1916F,  913. 

Constitutionality  of  the  migratory  birds 
provision  in  the  act  of  Congress  of 
March  4,  1913.     L.R.A.1915F,  1031. 

Nature  and  extent  of  right  created  by 
private  grant  of  hunting  or  fish- 
ing privilege.  40  L.R.A.  (N.S.) 
299. 

Cruel  and  unusual  punishment  for  viola- 
tion of.  35  L.R.A.  572;  L.R.A.1915C, 
566. 

Serving  game  or  fish  with  meal  as  violation 
of  game  law.     L.R.A.1917F,  769. 


GAMES. 

Fake  game,  see  Fake  Race. 

Criminal     liability    for     engaging    in,     see 

Gaming. 
Sea  also  Amusements. 


Prohibition  of  Sunday  sports  or  games. 
L.R.A.  830. 


17 


«00 


INDEX  TO  L.R.A.  NOTES. 


GAMES— cont'd 

Larceny   bv   fraudulent   race   or  game.        1 

L.il.A:(N.S.)      862;      20     L.R.A.(N.S.) 

1164;  42  L.R.A.(N.S.)   735. 
Homicide  while  engaged  in.  63  L.R.A. 

383. 


GAMING. 

7.  In  general,  §  1. 
II.  Criminal  liability,  §§  2-8. 

I.  In  general. 

§   1.  Generally. 

As  to  betting,  see  Betting. 

Conflict  of  laws  as  to  gambling  and  lottery 
contracts,  see  Conflict  of  Laws,  §  4. 

Validity  of  wagering  contract,  see  CoN- 
TBACTS,  §§  105,  106,  115,  116. 

Enforcement  of  gaming  contract,  see  Con- 
tracts, §§  115,  116. 

Recovery  for  goods  sold  to  aid  business  of. 
15  L.R.A.  836. 

Effect  of  landlord's  knowledge  that  tenant 
intends  to  use  premises  for  purposes  of 
gaming.     19  L.R.A.  (N.S.)   662. 

Liability  on  liquor  dealer's  bond  for  gaming 
on  premises.     L.R.A.1916E,  274. 

Pool  selling  as  a  nuisance.  44  L.R.A. (N.S.) 
161. 

Estoppel  to  set  up  defense  that  commercial 
paper  was  given  in  gambling  transac- 
tion bv  representations  to  prospective 
purchaser.     50  L.R.A. (N.S.)    1032. 

Forbearance  to  sue  or  disclose  defendant's 
default  as  new  consideration  for  gam- 
bling debt.     6  B.  R.  C.  995. 

Property  kept  for  gambling  purposes  as 
subject  of  larceny.     L.R.A.1918D,  691. 

II.  Criminal   liahility. 

%  2.  Generally. 

Who  is  accomplice  in  gambling  within  rule 

requiring    corroboration    of    testimony. 

43  L.R.A. (N.S.)   546. 
Necessity  and  sufficiency  of  description  of 

offense  in  bail  bond  or  recognizance.  38 

L.R.A.  (N.S.)    317,  321. 
Several   offenses   growing   out   of  the  same 

facts.     31   L.R.A. (N.S.)    706. 
As  violation  of  Sunday  laws.       30  L,R.A. 

(N.S.)    469. 

§   3.  Regulation  or  prohibition  of. 

Municipal  regulation  of,  as  a  nuisance.  39 
L.R.A.  523. 

Power  of  state  to  prohibit  or  regulate  horse 
racing.       25  L.R.A. (N.S.)   905. 

Offense  of  keeping  a  gaming  house  as  af- 
fected by  restrictions  on  admission.  33 
L.R.A. (N.S.)   549. 

Effect  of  understanding  that  the  los^r  is 
to  pay  for  game  to  bring  it  within  stat- 
utes against  gambling.  19  L.R.A. (N.S.) 
913. 

Begin  with  this  hook  on  every  laiv  question. 


GAMING,  II.— cont'd 

§   4.  — games  and  devices  prohibited. 

Oral  betting  as  a  violation  of  statute 
against  bookmaking.  25  L.R.A.  (N.S.) 
479. 

Horse  racing  as  a  game  within  gambling 
statutes.  7  L.R.A.  (N.S.)  809;  33 
L.R.A. (N.S.)   828. 

Operation  of  slot  machine  as  gambling.  20 
L.R.A.  (N.S.)  239;  34  L.R.A.(N.S.) 
573;  42  L.R.A.  (N.S.)   720. 

Bucket  shop  as  "place  for  gaming."  20 
L.R.A.  (N.S.)    347. 

Applicability  to  bucket  sliops  of  penal  stat- 
utes in  relation  to  "games  of  hazard," 
"gambling  devices,"  etc.  25  L.R.A. 
(N.S.)    158. 

Shaking  dice  or  playing  game,  for  drinks, 
cigars,  or  other  trivial  stakes,  as  gam- 
bling or  gaming.    L.R.A'.1918A,  1068. 

§   5.  Persons  liable. 

Criminal  liability  of  children  for.  36 
L.R.A.  207. 

Liability  of  one  party  to  an  arrangement  to 
share  profits  from  gambling  for  money 
lost  by  a  third  person  to  the  other 
party.       23  L.R.A. (N.S.)    522. 

Criminal  liability  for  act  of  servant,  agent, 
or  partner.      41  L.R.A.  659. 

Criminal  responsibility  of  lessor  of  gam- 
bling house.     44   L.R.A. (N.S.)    863. 

§   6.  Gambling  devices  or  apparatu.s. 

Devices   prohibited,  see  .supra,   §   4. 

Right  to  compensation  for  desti-uction  of 
gaming  apparatus.    .  19  L.R.A.  197. 

Gambling  device  as  property  within  consti- 
tutional protection.  12  L.R.A. (N.S.) 
394. 

Card-game  paraphernalia  as  a  gambling  de- 
vice, within  a  statute  against  gaming. 
17  L.R.A.(N.S.)    1210. 

Damage  to,  or  conversion  of,  gambling  de- 
vice as  ground  of  action.  45  L.R.A. 
(N.S.)  334. 

Forfeiture  of  rights  or  interests  of  innocent 
persons  in.     L.R.A.1916E,  354. 

Power  to  seize  gambling  devices  in  absence 
of  charge  of  violation  of  laws  against 
gambling.      L.R.A.1915A,   232. 

§   7.  Evidence. 

Power  of  legislature  to  enact  prima  facie 
rule  of  evidence.     L.R.A.1915C,  727. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  328. 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  from  possession  of 
stolen  property.      69  L.R.A.  198. 

§   8.  Punishment. 

Cruel  and  unusual  punishment  of.  35  L.R.A. 

572;  L.R.A.1915C,  570. 
Power  of  municipality  as  well  as  state  to 

punish  for.     17  L.R.A. (N.S.)   52. 


GAME  WARDEN. 


Liability    of    game    warden.      L.R.A. 191 8A, 
839. 


INDEX  TO  L.R.A.  NOTES. 
GANGRENE.  GARNISHMENT— cont'd 


601 


Liability  of  physician  called  to  reduce  frac- 
ture for  causing.     12  L.R.A.(N.S.)  752. 


GARAGE. 

See  Automobiles,  §  9. 

. — -«"•-» 


GARB. 

Validity   of   rule   forbidding  religious 
in  school.       7  L.R.A.(N.S.)  402. 


GARBAGE. 


Municipal  liability  as  to,  see  Municipal 
Corporations,  §  78. 

Throwing  garbage  on  surface  as  nuisance. 
43  L.R.A.(N.S.)  1037;  L.R.A.1915C, 
747. 

Municipal  power  over  nuisance  of,  in  street. 
39  L.R.A.  653. 

Injunction  by  municipality  against  nui- 
sance of.     41  L.R.A.  324. 

Monopoly  in  contract  for  removal  of.  27 
L.R.A.  540. 

Power  of  municipal  corporation  to  grant  ex- 
clusive right  or  create  monopoly  for  re- 
moval of.  21  L.R.A.(N.S.)  830;  L.R.A. 
1915D,  209. 

Validity  of  contract  with  unlicensed  scaven- 
ger.    12  L.R.A.(N.S.)    617. 

Scavengers  as  independent  contractors.  65 
L.R.A.  469,  488. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  scavenging  work. 
65  L.R.A.  653. 


GARDENS. 


Effect  of  constitutional  or  statutory  exemp- 
tion of,  from  condemnation  proceed- 
ings.    L.R.A.1916A,  1103. 


GARNISHMENT. 


II. 


In  general,   §§1,2. 
When   lien,   §§  3-12. 

a.  In  ficncral,   §  3. 

l>.  Against  whom,  §§  4-9. 

c.  What     claims     or     property 
subject  to,  §§  10-lla. 

d.  Where    deft    garnishable,    § 
12. 

Effect;  rights  and  duties  of  gar- 
nishee; juniorities,  §§   13-18. 

IV.  Procedure;  judgment;  ahatement; 
injunction  against,  §§  19-21. 

Consult  also  L.R.A.  Digests  of  Cases. 


III. 


I.  In  general. 

§   1.  Generally. 

Conflict    of   laws   as   to,    see    Conflict   of 

Laws,  §  40,  41. 
As  condition  precedent  to  equitable  remedy 

of  creditors,  see  Creditors'  Bill,  §  2. 
Injunction  against,  see  Injunction,  §§  44a, 

60. 

Against  state  officer,  as  suit  against  the 
state.     44  L.R.A.  (N.S.)  218. 

Release  of  indorser  of  note  by  failure  to 
take  out  garnishment  against  maker. 
18  L.R.A. (N.S.)    550. 

Right  of  one  who  has  recovered  judgment  in 
garnishment  proceedings  against  cor- 
poration to  recover  dividends  paid  to 
stockholders  out  of  capital.  L.R.A. 
1917C,  406, 

§   2.  Availability  of  defense  of. 

Availability  of  defense  of,  to  maker  against 
transferee  after  maturity.  46  L.R.A. 
778. 

May  one  who  procures  a  judgment  garnish- 
ing an  indebtedness  from  a  corporation 
to  his  debtor  avail  himself  of  the  rights 
of  the  latter  as  against  stockholders. 
11  L.R.A.(N.S,)  230. 

II.  When  lies, 
a.  In  general, 

§   3.  Generally. 

Right  of  garnishment  as  affected  by  ap- 
pointment  of  foreign  receiver.  23  L.R.A. 
52. 

b.  Against   whom. 

§   4.  Generally. 

Against  foreign  corporation,  see  Corpora- 
tions, §  150. 

Garnishment  against  receiver,  see  Re- 
ceivers, §  25. 

Right  of  plaintiff  to  summon  or  chatge 
himself  as  garnishee.  55  L.R.A.  353; 
34  L.R.A. (N.S.)  510. 

Right  to  garnish  fund  in  the  hands  of 
officer  to  court  after  he  has  been  or- 
dered to  pay  same  to  party.  13  L.R.A. 
(N.S.)   759;  30  L.R.A.(N.S.)   720. 

Against  state  officer,  as  suit  against  the 
state.    44  L.R.A. (N.S.)  218. 

Against  stakeholder  or  depositary  of  funds 
to  be  held  in  connection  with  an  ille- 
gal transaction.     L.R.A.1918F,  972. 

Liabilitv  of  Soldiers'  Home  to  garnisliment 
in  state  courts.     46  L.R.A.(N.S.)    301. 

§  5.  Corporate  officer  or  agent  for 
corporate  debt. 

Differentiation.     36  L.R.A.  561. 
Basic  principles.     36  L.R.A.  561. 
Application  to  agents.     36  L.R.A.  561. 
Application  to   officers.     36  L.R.A.   563. 


§   6.  Carriers. 

As  to  debts  and  ordinary  bailments. 
L.R.A.  600;  L.R.A.1916E,  452. 


28 


602 


INDEX  TO  L.R.A.  NOTES. 


GAilXISH-MEXT,    II.    b— cont'd 
As  to  property  Iield  for  transportation.     28 
L.R.A.  601;  L.R.A.1916E,  452. 

§    7.  Executors  or  administrators. 

Application  of  statutes  to  executors  and  ad- 
ministrators.    47    L.R.A.    346. 

Interest  and  possession  necessary  to  sus- 
tain.    47  L.R.A.  358. 

Garnishment  of  Imsband's  interest  in  wife's 
legacy  or  distributive  share.  47  L.R.A. 
3G0. 

Rule  when  the  representative  is  the  debtor. 
47  L.R.A.  360. 

Effect  of  trust  conferred  upon  representa- 
tive.    47  L.R.A.  361. 

Set-off.     47  L.R.A.  363. 

The  judgment.     47  L.R.A.  364. 

Exclusiveness  of  the  remedy.  47  L.R.A. 
365. 

Right  to  garnish  executor  or  administrator 
for  sum  due  from  the  estate  to  himself 
in  his  own  right.     5  L.R.A.(N.S.)   1072. 

Right  to  attach  or  garnish  fund  in  hands  of 
personal  representative,  after  direction 
.  to  pav  same  to  party.  13  L.R.A.  (N.S.) 
750;  30  L.R.A. (N.S.)   720. 

Garnishment  of  distributive  shares  and  re- 
siduary legacies  before  settlement.  59 
L.R.A.  387. 

§   8.  Guardians. 

Garnishment  of  guardian  for  debt  of  ward. 
11    L.R.A.  (N.S.)    706. 

§   9.  Counties. 

Generally.      37    L.R.A.    207;    L.R.A.1916E, 

1163. 
Cases  liolding  the  county  liable.     37  L.R.A. 

208. 
Equitable  relief.     37   L.R.A.  208. 
Not    subject    if    principal    defendant    could 

not   sue.     37    L.R.A.   208. 

c.  What  claims  or  property  subject  to. 

§    10.  Generally. 

Of  bank  deposit,  see  Banks,  §  14. 
Of  interest  of  heir,  see  Descent  and  Dis- 
tribution, §  13. 
Of  expectancy,  see  Expectancy,  §  4. 
Of  money  in  court,  see  Money  in  Court,  §  2. 
Of  legacy,  see  Wills,  §  109. 
As  to  exemptions,  see  Exemption,  §§  4-8. 

Shares  of  stock  in  foreign  corporation.  55 
L.R.A.  797. 

Stockholder's  interest  in  corporation.  18 
L.R.A.  (N.S.)    1158. 

Foreign  railroad  cars.  64  L.R.A.  501;  16 
L.R.A.(N.S.)    1026;    L.R.A.1915D,   838. 

Money   due  from   receiver.     26   L.R.A.   218. 

Garnishment  of  debt  evidenced  by  negotia- 
ble paper.     L.R.A.1918C.  731. 

Debt  after  delivery  of  check  in  payment. 
19  L.R.A.  475;  L.R.A.1917F,  396. 

Contents  of  sealed  package  or  locked  re- 
ceptacle.    41  L.R.A. (N.S.)    764. 

Claim  of  creditor  in  estate  created  by  volun- 
tary assignment  of  debtor.  L.R.A. 
1918F,  443. 

Funds  of  bankru])t's  estate  after  order  of 
distribution.     14   L.R.A.(N.S.)    1220. 


Berlin  with  this  hoolc  on  every  law  question 


GARNISHMENT,  II.  c— cont'd 

Liability  of  alimony  for   debts.     32  L.R.A. 

(N:S.)    270. 
Injured  employee's  right  to  reach  fund  un- 
der employers'  liability  policy.  7  L.R.A. 
(N.S.)    958. 
Liability    of    fund    held    by   mutual    benefit 
association    to    claims    of    creditors.     6 
L.R.A.(N.S.)   235. 
Right    of    creditors    to    garnish    insurance 
.policy  or  its  casli  surrender  value.     16 
L.R.A. (N.S.)   318. 
Verdict   before    judgment.     4    L.R.A.  (N.S.) 

024. 
Proceeds  of  execution  sale  in  the  hands  of 

the  sheriff.    43  L.R.A.  (N.S.)  571. 
Injured  employee's  right  to  reach   fund  un- 
der    employers'     liability     policv.       48 
L.R.A.  (N.S.)    191. 
Garnishment   of   money   due   or   to    become 
due  on  a  contract  the  proceeds  of 
which   have   been    assigned   by   the 
debtor    prior   to    the   garnishment. 
L.R.A.1916D,  365. 

§    10a.  Salary  or  wages. 

Exemption  of,  see  Exemptions,  §  5. 
Injunction  against,  see  Injunction,  §  44a. 

Unearned  salary.     20  L.R.A. (N.S.)    912. 

Garnishment  of  wages  or  salary  due  or  to 
become  due  which  have  been  assigned 
by  the  debtor  prior  to  the  garnish iiieiit. 
L.R.A.1916D,  367. 

Effect  of  assignment  of  unearned  salary  or 
fees  of  public  officer  to  put  the  same 
when  earned  beyond  the  reach  of  cred- 
itors.    31  L.R.A.(N.S.)    374. 

Right  to  garnish  fees  or  salary  of  public 
officer  after  expiration  of  term  of  office. 
L.R.A.1917F,  1119. 

§    11.  Unliquidated  claims. 

Generally.     59  L.R.A.  353. 
Claims  in  tort.     59  L.R.A.  355. 
Claims  on  contract.     59  L.R.A.  359. 
Claims     on     unadjusted     insurance     losses. 

L.R.A.1918B,  972. 
Unliquidated   claims   in   equity.     59   L.R.A. 

384. 
Distributive  shares  and  residuary  legacies, 

before  settlement.     59  L.R.A.  387. 
Set  ofl"     or      recoupment      of     unliquidated 

claims.     59  L.R.A.  389. 

§    11a.  Future  interests. 

Garnishment  of  distributive  shares  in  dece- 
dent's estate  before  settlement.  59 
L.R.A.  387. 

Garnishment  of  husband's  interest  in  wife's 
legacy  or  distributive  share  in  dece- 
dent's estate.     47  L.R.A.  360. 

d.  Where  debt  garnishable. 

§    12.  Generally. 

Domicil  of  debtor  (garnishee).  19  L.R.A. 
577;   67  L.R.A.  209;  L.R.A.1915F,  883. 

State  other  than  his  domicil  where  debtor 
(garnishee)  temporarily  present.  67 
L.R.A.  213;  L.R.A.1915F,  884. 


IXDKX  TO  L.R.A.  NOTES. 


603 


fJARNISHMEXT,  II.  d— cont'd 

tState  when'  forei<,Mi  corporation  (garnishee) 
engaged  in  hiisinoss.  ti7  L.R.A.  214; 
L.K.A.iniGF,   884. 

As  aM'ectod  l)v  place  of  pavmeiit.  3  L.R.A. 
(N.S.)  •264;  20  L.H.A.(X.S.)  264; 
L.R.A.lOl.jF,  880. 

Law  governinii  exemptions,  l!)  L.R.A.  578; 
67  L.R.a".  885:  1  L.R.A.  (X.S.)  195; 
L.R.A.1915F,  8S.j. 

Injunction  against  garnishnieiivit  in  another 
state  to  evade  local  exemption  laws. 
15  L.R.A. (X.S.)    1008. 

Debtor's  right  of  action  against  his  creditor 
for  garnisliing  deht  in  anotlier  jurisdic- 
tion in  evasion  of  exemption  laws  of 
their  domicil.     47  L;R.A.  (  N.S.)   689. 

Garnishment  of  judgment  in  another  court 
of  the  state  in  which  it  was  rendered. 
L.R.A.1917D,  1139. 

Garnishment  of  judgment  rendered  in  an- 
other state.     43  L.R.A. (X.S.)    531. 

Effect  of  garnishment  proceeding  to  sustain 
plea  in  bar  or  abatement,  in  action  to 
recover  the  debt  pending  in  other  state 
or  country.     L.R.A.1917F,  1016. 


III.  Effect;   rights   and    duties   of   gar- 
nishee;  priorities, 

§    13.  Kffcct  of  garnishment. 

Garnishment  proceedings  as  a  change  of 
position  within  law  of  estoppel.  52 
L.R.A.  (X.S.)    1188. 

On  suit  in  other  court.     42  L.R.A.  455. 

Garnishment  not  prosecuted  to  judgment  as 
a  conclusive  election  of  remedies.  34 
L.R.A.(X.S.)    309. 

Recovery  of  judgment  for  exempt  claim 
pending  garnishment  proceedings  in  an- 
other state.     35  L.R.A. (X.S.)    1154. 

§    14.  Effect  of  judg:ment. 

Effect  of  judgment  against  garnishee  to 
merge  or  satisfy  liability  of  principal 
debtor.     47  L.R.A.  131. 

Discharge  of  principal  in  garnishment  as  re- 
lief of  surety  on  bond  filed  on  dissolu- 
tion of  process.     28   L.R.A. (X.S.)    234. 

Judgment  in  favor  of  garnishee,  as  res  ju- 
dicata.    19  L.R.A.  (N.S.)    604. 

8    15.  Effect  of  payment. 

Payment  by  bank  under  garnishment  of  de- 
posit, to  party  other  than  depositor,  but 
of  same  name.     11  L.R.A.(N.S.)   248. 

§16.  Rights  of  garnishee. 

Right  of  garnishee  to  question  validity  of 
attachment.     35  L.R.A.  769. 

Right  of  one  garnished  in  respect  of  prop- 
erty wrongfully  taken  from  the  debtor, 
to  set  off  his  own  claim  against  the 
latter.     30  L.R.A. (X.S.)    1185. 

Right  of  garnishee  to  attack  judgment 
against  principal  defendant  for  lack  of 
juri.-diction.     51   L.R.A.  (X.S.)    597. 

In  case  of  garnishment  of  debt  evidenced  by 
negotiable  paper.     L.R.A. 191 8C,  757. 

Consult  also  L.R.A.  Digests  of  Cases. 


GARNISHMENT,  III.— cont'd 
§    17.  Duty  of  garnisliee. 

In  case  of  garnishment  of  debt  evidenced  by 
negotiable  paper.     L.R.A. 1918C,  758. 

Appearance  of  claimant  in  garnisliment  pro- 
ceedings as  relieving  garnishee  of  duty 
to  protect  his  rights.  L.R..A.1918B, 
1068. 

Possibility  of  appeal  from  dismissal  of 
garnishment  or  attachment  as  affecting 
right  to  withhold  property  from  debtoV. 
L.R.A.1917B,  591. 

§    18.  Priorities. 

Priority  in  relation  to  foreign  assignment 
by' insolvent.  23  L.R.A.  35;  65  L.R.A. 
353. 

Priority  of  garnishment  over  prior  assign- 
ment as  affected  by  notice  or  lack 
of    notice.      L.R.A. i916E.    81. 

Right  of  bank  as  against  garnishing  creditor 
to  set  off  unmatured  claim  against  de- 
posit of  debtor.  27  L.R.A. (N.S.)  811; 
46  L.R.A.(N.S.)    1059. 

Effect  of  assignment  of  surplus  of  garn- 
ished fund,  to  defeat  a  subsequent 
garnishment.     5  B.  R.  C.  450. 

Priority  between  one  garnishing  money 
due  or  to  become  due  under  a  con- 
tract and  an  assignee  of  the  proceeds 
of  the  contract  assigned  prior  to  the 
garnishment.     L.R.A.1916D,  365. 

IV.  Procedure;   judgment;   abatement; 
injunction  against. 

§19.  Generally. 

Injunction  against  judgment,  see  Injunc- 
tion, §  60. 

Legal  presumptions  in  garnishment  of  debt 
evidenced  by  negotiable  paper.  L.R.A. 
1918C,  764. 

Service  on  foreign  corporation  in  garnish- 
ment  cases.     23   L.R.A.  500. 

Filing  bond  to  secure  release  of  property  a3 
an   appearance.      L.R.A. 1916F,   587. 

Jurisdiction  of  actions,  aided  by  garnish- 
ment, against  a  resident  of  the  state. 
49  L.R.A.(N.S.)   548. 

§   2  0.  Judgment. 

Effect  of,  see  supra,  §  14. 

Injunction  against  judgments  in.  30  L.R.A. 
360. 

Right  of  garnishee  to  have  judgment,  not 
against  him,  set  aside.     54  L.R.A.  763. 

Right  of  garnishee  to  attack  judgment 
against  principal  defendant  for  lack  of 
jurisdiction.     51   L.R.A. (X.S.)    597. 

Possibility  of  appeal  from  dismissal  of  gar- 
nishment as  affecting  right  to  withhold 
property  from  debtor.  L.R.A. 1917B, 
591. 

§   21.  Abatement   of   proceedings. 

By  dissolution  or  expiration  of  charter  of 
corporation.     32  L.R.A. (N.S.)   449. 

By  action  to  recover  the  debt  pending  in 
other  state  or  country.  KR.A.1917F, 
1016. 


604 


INDEX  TO  L.R.A.  NOTES. 


GAS. 

7.  In  general,  §§  1-4. 
II.  Compulsory    service;    shutting    ojf 
supply,  §§  5,   6. 

III.  Bates;  payment  of  rentals;  meters, 

§§   7-10. 

IV.  Liability  for  negligence  in  escape 

and  explosion  of  gas,  §§  11-14. 

I.  In  general. 

g    1.  Generally. 

Constitutionality  of  statutes  as  to,  see 
Constitutional  Law,  §  100. 

Gas  pipes  in  street,  see  Highways,  §  22. 

Death  of  insured  from  inhaling,  see  Insur- 
ance, §  361a. 

Natural  gas,  see  Mines,  §§  33-38. 

Power  of  municipality  as  to,  see  Municipal 

COKPOBATIONS,    §    32. 

As  dangerous  agency,  see  Negligence,  §  14. 

Valuation  of  property  of  gas  company,  see 

Public  Service  Corporations,  §  5. 

Keeping  of,  on  insured  premises.  L.R.A. 
1917C,  278. 

Gas  as  subject  of  larceny.  L.R.A.1918C, 
580. 

Storage  of,  as  nuisance.  52  L.R.A.(N.S.) 
930. 

Corporation  supplying,  as  a  manufacturing 
company.     64  L.R.A.  59. 

Liability  for  damage  to  service  mains  by 
excavating  in  street.  L.R.A.1917E, 
1094. 

Duty  and  right  of  municipality  to  reim- 
burse gas  company  for  expenses  en- 
tailed in  connection  with  laying  or 
repairing  of  gas  pipes.  6  L.R.A.  (N.S.) 
1027. 

Regulating  keeping  or  storing  of.  41  L.R.A. 
(N.S.)   401. 

Right  of  municipality  to  make  profit  from 
its  lighting  plant.  24  L.R.A.  (N.S.) 
290. 

§  2.  Municipal  contract  with  respect 
to. 

Period  covered  by  contract  to  supply  mu- 
nicipality  with.      16   L.R.A.   258. 

Delegation  of  municipal  power  as  to  con- 
tracting for  gas.     20  L.R.A,  726. 

§   3.  Nuisance  by. 

Gas  plant  as  a  nuisance.     20  L.R.A.(N.S.) 

466. 
Injunction     by    municipality    against    gas 

company  for  maintaining  nuisance.    42 

L.R.A.   821. 

§   4.  Taxation  of  property. 

Property  of  gas  company  as  real  estate  for 

purposes   of   taxation.      15   L.R.A.  299. 
Location   of  franchise  of  gas  company  for 

purposes  of  taxation.     5  L.R.A. (N.S.) 

174. 
Exemption  "  of   municipal   light   plant   from 

taxation.     ]6  L.R.A.  (N.S.)    867. 
Begin  ivith  tJiis  book  on  every  law  question. 


I  GAS— cont'd 
I 
II.  Compulsory    service; 
supply. 


shutting     off 


§   5.  Compulsory  .service. 

Compulsorv    service   bv    gas    company.      15 

L.R.A."^  322. 
Right   of   lighting   company   furnishing  two 

kinds    of    service    to    refuse    to    furnish 

one    kind    of    light    without    the    other. 

33  L.R.A. (N.S.)    1078. 

§    6.   Sliutting   off   supply. 

Right  to  stop  supply  of  gas  for  default  in 
payment.     14  L.R.A.  669. 

Liability  for  damages  caused  by  shutting 
off  water  or  gas  from  premises.  21 
L.R.A.(N.S.)    468. 

Loss  of  profits  as  element  of  damages  for 
cutting  off  supply  of  gas  from  prem- 
ises.     22   L.R.A. (N.S.)    588. 

III.  Rates;  payment  of  rentals;  meters. 

§    7.  Rates. 

Right  of  gas  company  whose  rates  are  fixed 
by  public  authorities  to  establish  a 
minimum  charge.  26  L.R.A.  (N.S. ) 
1109. 

Right  to  exact  charge  in  addition  to  maxi- 
mum rental  for  delav  in  pavment.  31 
L.R.A. (N.S.)    329;  43  L.R.A".  (N.S.)   63. 

Right  to  discriminate  between  consumers  as 
to  rates.  27  L.R.A. (N.S.)  674;  L.R.A. 
1915D,  1086. 

Giving  of  free  service  or  reduced  rates  to 
governmental  agencies,  cities,  schools, 
charities,  and  the  like  as  an  unlawful 
discrimination.     L.R.A.1918D,  904. 

Incorporation  of  territory  into  municipal- 
ity as  affecting  existing  contract  as  to 
gas  rates  in  that  territory.  L.R.A. 
1916A.  1071. 

Consumer's  right  to  compel  gas  company  to 
respect  rates  stipulated  in  contract 
with   municipality.      L.R.A. 1915D,    918. 

§   8.  —  regulating  and  fixing  rates. 

Valuation  of  property  of,  for  purpose  of 
fixing  rates,  see  Public  Service  Corpo- 
rations, §  5. 

Legislative  regulation  of  rates  charged  for. 
33  L.R.A.  181;  6  L.R.A. (N.S.)   835. 

Allowance  for  depreciation  in  plant  in  fix- 
ing rates.     38  L.R.A. (N.S.)    1209. 

Power  of  municipality  to  fix  gas  rates  as 
an  incident  of  its  power  to  authorize 
the  laying  of  gas  mains.  18  L.R.A. 
(N.S.)    1197. 

Power  of  municipality  apart  from  contract 
to  regulate  rates  to  be  charged  by  <jas 
companv.  33  L.R.A.  (N.S.)  759;  43 
L.R.A(N.S.)   759;  43  L.R.A. (N.S.)   994. 

Right  to  question  reasonableness  of  statu- 
tory rate  for  gas.  15  L.R.A.  (N.S.) 
763. 

Right  to  reduce  rates  fixed  bv  franchise  or 
charter.      L.R.A. 191 5C,    261. 

Effect  of  contract  with  patron  to  preclude 
regulation  of  rates.     L.R.A. 1915C,  282. 


INDEX  TO  L.R.A.  NOTES. 


605 


OAS,  III.— cont'd 

§   9.  Payment  of  rentals. 

Discrimination  by  gas  company  by  requir- 
ing payment  of  rental  in  advance.  31 
L.R.A.'(N.S.)    315. 

Right  of  gas  company  to  exact  security  of 
consumer  or  require  payment  rentals 
in  advance.  19  L.R.A.  (X.S.)  693;  31 
L.R.A.  (N.S.)    310. 

Recovery  back  of  excessive  payments  made 
to  company.     18  L.R.A. (X.S.)    126. 

Validity  of  statute  or  ordinance  making 
property  or  property  owner  liable  for 
light  furnished  tenant.  L.R.A.1918D, 
364. 

§    10.  Meters. 

Rules  of  gas  companv  respecting  meters. 
30   L.R.A. (N.S.)    492. 

IV.  Liability    for  negligence  in  escape 
and  explosion   of  gas. 

§   11.  Generally. 

Measure  of  damages  for  destruction  of 
standing  timber  by.  18  L.R.A.(N.S.) 
246;  52  L.R.A.(N.S.)  92. 

§    12.  Liability  of  gas  company. 

Liability  of  gas  company  for  negligence  in 
escape  or  explosion  of  gas.  29  L.R.A. 
337;  32  L.R.A.  (N.S.)  809;  L.R.A. 
1915E,   1022. 

Liability  for  turning,  into  sewer.  15  L.R.A. 
(N.S.)    957. 

Liability  for  injury  caused  by  escape  of 
gas  stored  on  one's  premises.  15  L.R.A. 
(N.S.)    537. 

Liability  for  injury  to  trees  by  gas  es- 
caping from  pipes  or  mains.  10  L.R.A. 
(N.S.)    b90. 

§    13.  Liability  of  employer. 

Liability  of  master  for  injury  to  servant 
from  gas  arising  from  substances 
handled  by  him.     35  L.R.A. (N.S.)   679. 

Employer's  liability  for  explosion  from  gas 
escaping  through  independent  contract- 
or's negligence.     65  L.R.A.  852. 

§   14.  Liability  of  insurer. 

Liability  of  insurer  for  loss  caused  by.  19 
L.R.A.  594:  38  L.R.A.(N.S.)   474. 

Effect  of  escape  and  explosion  of  gas  on 
insurer's   liability.      29   L.R.A.   359. 


GASOLEXE. 


Gasolene  stations.     L.R.A.1917F,  1005. 

Restrictions  as  to  transportation  of  gaso- 
lene carried  by  automobiles.  1  L.R.A. 
(N.S.)    223. 

Storage  of,  as  nuisance.  52  L.R.A. (N.S.) 
n'30. 

Keeping  of,  on  insured  premises.  L.R.A. 
1917C,  278. 

Consult  alf^o  L.R.A.  Diqests  of  Cases. 


GAS    STOVES. 

As  fixtures.     17  L.R.A. (N.S.)   699. 


GAS    TANK. 


Power  to  make  use  of  property  for  pur- 
pose of,  conditional  upon  consent  of 
neighbors.     8  L.R.A. (N.S.)    978. 


GASTRITIS. 


As  element  of  damages  for  negligent  injury. 
48  L.R.A.(N.S.)   100. 


GATEMEN. 

As  fellow  servants.     52  L.R.A. (N.S.)   1104. 


GATES. 

§   1.  Generally. 

Injunction  as  to,  see  Injunction,  §§  76,  77. 
In   railroad   fence,   see  Railroads,  §  41. 
Safety  gate  at  railroad  crossing,  see  Raii,- 
BOADS,  §§  33,  70. 

Injunction  to  compel  or  prevent  tlie  erec- 
tion, maintenance,  or  removal  of.  7 
L.R.A.(N.S.)   49. 

Violation  of  police  ordinance  as  to,  as 
ground  for  private  action.  5  L.R.A, 
(N.S.)   246. 

Duty  to  keep  gates  in  railroad  fence  closed. 
49  L.R.A.  625. 

Enjoining  interference  with  fences  or  gates 
as  waste.     7  L.R.A. (N.S.)   86. 

Doctrine  of  attractive  nuisance  as  applied 
to.     L.R.A.1915D,  162. 

§   2.  On  cars. 

Duty  to,  and  negligence  of,  passenger  at- 
tempting to  board  car  when  gate  is 
closed.     7  L.R.A.(N.S.)    603. 

Duty  to  provide  gates  on  street  cars  or 
interurban  cars  and  keep  them  closed. 
32  L.R.A.(N.S.)   346. 

§   3.  Effect  of,  on  easement. 

Right  to  maintain,  across  easement  of  way. 

48  L.R.A. (N.S.)    87. 
Leaving  bars   or  gates   for  convenience   of 

neighbor    as    affecting    acquisition    of 

easement   of  way  by   prescription.     35 

L.R.A.(N.S.)    941. 
Abandonment    or    loss    of    private    way    by 

obstruction  thereof  by  gates.    22  L.R.A. 

(N.S.)   886,  888,  891. 


GENERAL   AGENT. 

Authority  of  general  agent  to  receive  pay- 
ment where  sectiritv  is  not  in  his  pos- 
session. 23  L.R.A.(N.S.)  415;  L.R.A. 
1^16B,  861. 


606  INDEX  TO  L 

GEXERAIi  AVERAGE. 

Admiraltj'  jurisdiction  of.     (56   L.R.A.  234. 

♦■»♦ 

GENERAL  CREDITORS. 

See  also  Debtor  and   Creditoe;    Fraudu- 

LEXT    COXVEYAXCES. 

Right   to   question   validity   of   attachment. 
35  L.R.A.  709. 


GENERAL  DAMAGES. 

Set-off  of,  against  damages   in  eminent  do- 
main proceedings,  see  Damages,   §  93, 


GENERAL  DENIAL. 

See  Pleadixg,  §  38. 


GENERAL   ISSUE. 

See  Pleading,  §  38. 


GENERAL  IJi:GACIES. 

See  Wills,  §§  123,  127,  128. 


GENERAL  LEGISLATION. 

See  Statutes,  §§  15-18. 


GENERAL  MANAGER. 

As  vice  principal.    51  L.R.A.  5.50.  555. 
Authority   of,    to    contract   for    services    of 

other  persons.     L.R.A.1918F,  39-57. 
Time    for    which    contract    of    employment 

may   be  made   for   corporat-ion   by.     49 

L.R.A.  473. 


GENERAL  WELFARE. 

Power  of  municipality  to  punish  under  gen- 
eral welfare  clause  what  is  also  an 
offense  under  state  law.  17  L.R.A. 
(X.S.)   03. 


GENERIC  NAME. 

Right  to  use  generic  name  substantially 
similar  to  that  used  by  another  as  a 
trademark  or  tradename  as  affected  by 
difference  in  appearance  in  other  re- 
spects.    12   L.R.A.  (X.S.)    7.34 


R.A.  NOTES. 

GENEVA  AWARD. 

See  Alabama  Claims. 


GENUINENESS. 


Of  handwriting  or  typewriting,  evidence  as 

to,  see  Evidence,  VIII.  h. 
Guaranty'  by  stirety  of  genuineness  of  other 

sisnatnres.  see  Principal  and  Surety, 

§  '7. 

Implied  warranty  of,  by  one  transferring 
without  indorsement  check  or  note  of 
third   person.     10   L.R.A. (N.S.)    542. 

Necessity  of  proof  of  genuineness  of  reply 
letter.      17    L.R.A. (N.S.)    229. 


GEOGRAPHICAL  FACTS. 

Judicial  notice  of,  see  Evidence,  §  10. 


GEOGRAPHICAL   NAME. 

Right  to  protection  in  use  of,  as  tradename, 
etc.     26  L.R.A. (N.S.)    73. 

Unfair  competition  in  use  of  combination 
of  geographical  name  with  numeral. 
34    L.R.A.(N.S.)    1040. 

Right  to  use  geographical  name  as  a  trade- 
mark or  tradename  when  already  used 
by  another  as  affected  by  difference  in 
appearance     in     otiier     respects.       12 

'        L.R.A.(N.S.)    733. 


GERMAN  LANGUAGE. 


Publication   in.     14   L.R.A.   64. 


GERMINATING  POWER. 

Warranty  of  germinating  power  on  sale  of 

seeds.      37     L.R.A.  (N.S.)     81;     L.R.A. 

1916C,  1012. 
Measure  of   damages  where   seed   sold  does 

not    contain    germinating    power.      37 

L.R.A. (N.S.)   87. 


GERRYMANDER, 


Validitv    of    apportionment    of    representa- 
tives.    15  L.R.A.  561. 


GESTATION. 


Ber/iit  ivitJi  this  honl,-  on  evevi/  law  question 


Necessity  that  increase  of  animals  be  in 
gestation  at  time  of  execution  of  chat- 
tel mortgage  in  order  to  be  covered 
thereby.     17   L.R.A. (N.S.)    203. 


INDEX  TO  L.R.A.  NOTES; 


607 


GESTURES. 


As    provocation 
(N.S.)    154. 


for    liomicidc.      4    L.R.A. 


GHOSTS. 

Effect  of  belief  in,  on  capacity  to  make  will 
or  deed.     10   L.R.A.  078.' 


GIFT. 

/.  In  general,    §§1-9. 
II.  Causa   mortiH,   §   10. 

III.  Validity       genei-ally ;       incomplete 

gift;  delivery;  effect,  §§  11-15. 

IV.  Rerocahility    and    forfeiture    of,    § 

16. 

I.  In  general. 

§    1.  Generally. 

Adverse  possession  between  donor  and  donee, 
see  Adverse  Possession,  §  5. 

Of  bank  deposit,  see  Banks,  §§  12,  12a. 

Between  liusband  and  wife,  see  Husband 
AND  Wife,  §§  49-51. 

Inipioveiuents  under  oral  contract  of,  see 
Improvements,  §    l.S. 

Of  public  money,  see  Public  IMoney. 

Succession  tax  on,  see  Taxes,  VI. 

By  will,  see  Wills,  V. 

Liability  of  alleged  pauper  or  his  estate  to 

pay    for   gifts   obtained    on   ground    of 

poverty.     55    L.R.A.   570. 
Articles   intended  for  gifts   as  baggage   for 

which  carrier  is  responsible.    21  L.R.A. 

{N.S.)    850. 
Diversion    of    property    donated    for    public 

library  to  other  uses.     45  L.R.A.  (X.S.) 

368. 

§   2.  Of  corporate  stock. 

See  (ORI'ORATIONS.   §   84. 

§   3.  By  promissory  note. 

Note    as    subject    of    gift    by    maker.      27 
L.R.A.(N.S.)      308;      L.R.A.1918C, 
.340. 
By    parent    to    child.      7    L.R.A. (N.S.) 
156. 

Oift  inter  vivos.     20  L.R.A.  305. 

Cift  causa   mortis.     26  L.R.A.   305. 

Cases  recognizing  the  validity  of  tlie  gift. 
26  L.R.A.  305. 

Consideration.     26  L.R.A.  306. 

Subscriptions.     26  L.R.A.  307. 

Tn  other   jurisdictions.     26  L.R.A.  308. 

Sealed   note.     26   L.R.A.   308. 

Right  of  one  who  makes  a  gift  of  commer- 
cial paper  and  is  compelled  to  pay 'the 
same  to  a  bona  fide  indorser.  to  re- 
cover from  donee.    37  L.R.A. (X.S.)  286. 


a    4.  Of  check. 

Check  as  subject  of 
L.R.A.  855;  27 
L.R.A.1918C,  340. 

Considt  alao  L.R.A. 


gift    by    maker.      18 
L.R.A.(N.S.)      308; 

Digests  of  Cases. 


GIF1\  I.— cont'd 

Check  or  draft  on  person  other  than  bank- 
er.     18    L.R.A.   856. 
Gift  of  third  person's  check.     18  L.R.A.  856. 
Gifts  ititer  vivos.     18  L.R.A.  856. 

§   5.  Of  real  property. 

As  basis  of  adverse  possession.     35  L.R.A. 

835. 
Parol   gift   as   conveyance.     67   L.R.A.   461. 
Degree  of  proof  necessary  to  establish  parol 

gift    of    real    estate.      9    L.R.A.  (X.S.) 

508. 

§   6.  Between    persons    in    confidential 
relations. 

Between  husband  and  wife,  see  Husband 
AND  Wife,  §§  49-51. 

Independent  advice  as  a  condition  of  a 
valid  gift  inter  vivos  between  parties 
occupying  confidential  relations.  10 
L.R.A.(N.S.)    1087, 

May  a  promissory  note  executed  by  a  par- 
i^nt  to  a  child  be  the  subject  of  a  valid 
gift  bv  the  former  to  the  latter.  7 
L.R.A.'(N.S.)    156. 

Presumption  and  burden  of  proof  as  to  un- 
due influence  respecting  gifts  inter 
vivos  from  parent  to  child.  35  L.R.A. 
(X.S.)   944. 

§    7.  By  or  in  fraud  of  married  woman. 

Between  husband  and  wife,  see  Husband 
AND  Wife,  §§  49-51. 

Right  of  married  woman  to  make  gift  of 
personal  property  without  consent  of 
husband.     3   L.R.A.(N.S.)    769. 

Of  husband's  personal  property  in  fraud  of 
wife.  3  L.R.A. (N.S.)  774;  21  L.R.A. 
(N.S.)   533. 

§   8.  To  mistress. 

Cliaracter  of  presumption  as  to  undue  in- 
fluence in  gi^t  or  bequest  to.  11  L.R.A. 
(N.S.)    554;   17  L.R.A.(N.S.)  477. 

§   9.  Who  takes  under. 

\Vho  takes  under  gift  to  "husband,"  "wife," 
or  "widow."    33  L.R.A.(N.S.)  816. 

II.  Causa  mortis, 

§    10.  Generally. 

Gift  of  promissory  note  causa  mortis.  26 
L.R.A.  305. 

Sulficiency  of  constructive  delivery  to  sus- 
tain."    18   L.R.A.   170. 

Effect  of  depositing  funds  belonging  to  the 
depositor  in  a  bank  account  in  the  name 
of  himself  and  another.  L.R.A.1917(]. 
553. 


///. 


Validity  generally ;  incomplete  gift; 
delivery;  effect. 


§11.  Validity   generally. 

Delivery  as  essential  to  gift,  see  infra,   8,? 

13.'  14. 
Gift   enterprise,   see    Gift    ENTERrRisE. 


608 


.  INDEX  TO  L.R.A.  NOTES. 


GIFT,  III— cont'd 

Eflect  of  invalidity  of  gift  because  of  vio- 
lation of  rule  against  perpetuities,  see 
PERl'ini  ITIES,    §   3. 

Validity  of  gift  to  unincorporated  charity. 
32'L.R.A.  625. 

Gift  as  a  fraud  on  contract  to  will  prop- 
erty.    20  L.R.A.(N.S.)    3154. 

Validity  of  provision  that  money  shall  be 
payable  only  to  obligee  and  not  to  his 
estate.     17   L.R.A.(N.S.)    1239. 

Bribery  by  gift  to  public.     14  L.R.A.  62. 

§    12.  Incomplete  gift. 

Delivery  as  essential  to  gift,  see  infra, 
§§'13,  14. 

Subsequent  lunacy  of  donor  as  affecting  in- 
complete gift.     34  L.R.A.  297. 

§    13.  Delivery. 

In  case  of  gift  of  bank  deposit,  see  Banks, 
§  12a. 

In  case  of  gift  of  corporate  stock,  see  Corpo- 
rations, §  84. 

May  proof  of  delivery  essential  to  gift  rest 
upon  subsequent  declarations  of  donor 
alone.    L.R.A.1916E,  288. 

Necessity  of  actual  delivery  of  certificate 
to  complete  gift  of  shares  of  stock. 
29  L.R.A.  (N.S.)    166. 

Suflficiency  of  constructive  delivery  to  sus- 
tain gift  causa  mortis.     18  L.R.A.  170. 

Transfer  of  key  to  receptacle  as  delivery 
of  possession  sustaining  gift  of  con- 
tents.    40  L.R.A.(N.S.)  901. 

Retention  or  resumption  of  possession  by 
donor  as  affecting  gift.  32  L.R.A. 
(N.S.)  219. 

§  14.  Undelivered  written  transfer  or 
assignment   as. 

Unsealed  instruments.     21  L.R.A.  693. 
Sealed  instruments.     21  L.R.A.  694. 
Delivery  sufficient.     21   L.R.A.  695. 
Delivery   insufficient.     21   L.R.A.  695. 
Effect  of  recording.     21  L.R.A.  696. 
English  decisions.     21  L.R.A.  696. 

§    15.  Effect. 

Effect  of  receipt  of  gratuity  to  mitigate 
damages  for  personal  injury.  67  L.R.A. 
90. 

Gift  bv  testator  as  ademption  of  general 
legacy  to  donee.  38  L.R.A.(N.S.)  588; 
L.R.A.19i6C,  618. 

As  ground  for  attachment.     30  L.R.A.  476. 

Does  donor's  expectation  that  donee  will 
allow  him  to  share  in  the  benefit  of 
the  property  raise  an  implied  trust  to 
that  effect.     24  L.R.A.(N.S.)    1043. 

Right  of  donor  or  his  heirs  to  enforce  prop- 
er administration  of  charitable  trust. 
3  L.R.A.(N.S.)   227. 

IV.  Revocdbility    and    forfeiture    of. 


§   16.  Generally. 

Revocability  of.     11  L.R.A.  687;*  2  L.R.A. 
Retention   or   resumption   of   possession    by 

donor    as    affecting    gift.      32    L.R.A. 

(N.S.)    219. 
Begin  with  this  hooTc  on  every  latv  question. 


GIFT    ENTERPRISE. 

Guessing    contest    as    lottciv.      11    L.R.A. 
(N.S.)    609. 


GIN. 

Cotton  gin,  see  Cotton  Ginning. 

As  intoxicating  liquor.     20  L.R.A.  649. 
Judicial  notice  of  intoxicating  character  of. 
48  L.R.A. (N.S.)    305. 


GOING  CONCERN. 


Treatment  of  going  concern  value  in  public 
service  property  valuations.  48  L.R.A. 
(N.S.)    1092. 

Amortization  of  going  value  in  estimating 
return  of  a  public  service  corporation 
for  rate-making  purposes.  52  L.R.A. 
(N.S.)   50. 


GOLD. 

Validity  of  contract  to  pay  in,  see  Con- 
tracts, §  89. 

Entry  of  judgment  for.     29  L.R.A.  593. 

Production  of,  as  a  public  purpose  for 
which  the  right  of  eminent  domain 
may  be  exercised.  15  L.R.A. (N.S.) 
616. 


GOLF. 

As  proper  subject  for  exerise  of  police  pow- 
er.    L.R.A.1917E,  318. 


GONG. 

Frightening    of    horse   by    street   car   gong. 

21  L.R.A.  286;  34  L.R.A.  485;  48  L.R.A. 

(N.S.)  823. 
Violation    of    police    ordinances    requiring 

sounding    of   gongs    on    street    cars    as 

ground    for    private    action.      5    L.R.A. 

(N.S.)  252. 


GOOD  BEHAVIOR. 

See  also  Good  Conduct. 
Reduction  of  punishment  for,  see  Criminai, 
Law,  §   81. 

What  is  "good  behavior"  within  condition 
of  suspended  sentence.  L.R.A.1918D, 
697. 


GOOD 

See  Character. 


CHARACTER. 


INDEX  TO  L.R.A.  NOTES. 


60li 


GOOD    CONDUCT. 

See  also  Good  Beiiaviok. 

Right  of  court  to  control  discretion  vested 
by  will  in  one  person  to  determine 
whether  or  when  another  is  fit  to  re- 
ceive legacy  or  devise.  25  L.R.A. 
(N.S.)    421. 

Will  court  determine  whether  condition  in 
devise  or  bequest  as  to  conduct  of  bene- 
liciary  has  been  satisfied  wliere  that 
duty  lias  been  imposed  on  no  one 
else.      25    L.R.A.     (N.S.)     424. 


GOOD  FAITH. 


§    1.  Generally. 

Of  traiKsfcroe  of  negotiable  paper,  see  Bills 

AND  Notes,  §§  38-42. 
As    defense    to    criminal    prosecution,    see 

Criminal  Law^,  §  12. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §§  47,  51. 

Lack  of  jurisdiction  or  of  legal  grounds  of 
criminal  prosecution  as  affecting  lia- 
bility for  false  imprisonment  of  a  com- 
plainant who  acts  in  good  faith.  18 
L.R.A.  356. 

Of  creditor  with  respect  to  management  and 
collection  of  collateral.  37  L.R.A. 
(N.S.)  716. 

As  essential  element  of  adverse  possession 
of  land.     15  L.R.A. (N.S.)    1248. 

§   2.  In  contractual  matters. 

In  corporate  matters,  see  infra,  §  5. 
Of  transferee  of  note,  see  Bills  and  Notes, 
IV.  b. 

Effect  of  good  faith  of  attorney  on  right  of 
client  to  maintain  summary  proceed- 
ing against  his  attorney  to  compel  sur- 
render of  money  or  property.  L.R.A. 
1918D,  835. 

Necessity  of  good  faith  on  part  of  broker 
to  entitle  him  to  commissions  wliere 
purchaser  procured  by  him  is  financial- 
Iv  unable  to  perform.  20  L.R.A. (N.S.) 
1174. 

Effect  of  evidence  of,  on  mortgage  of  mer- 
cliandise  giving  mortgagor  possession 
with   power  of  sale.     18  L.R.A.  609. 

Right  to  maintain  action  to  recover  prop- 
erty in  specie  against  one  who  has 
parted  witli  it  in  good  faith.  18  L.R.A. 
(N.S.)   1268,  1272. 

Validity  of  agreement  to  marry  between 
parties,  one  of  whom  is  already  mar- 
ried, where  other  party  acts  in  good 
faith.     1  B:  R.  C.  917. 

Right  to  compensation  for  improvement  on 
land  made  in  good  faith  under  oral 
contract  or  gift.     53  L.R.A.  337. 

Good  faith  as  affecting  liability  for  inter- 
ference with  contract  relations.  16 
L.R.A.(N.S.)    749;    1   B.  R.  C.  18. 

Of  contractor  in  attempting  to  comply  with 
requirements  of  building  contract.  24 
L.R.A.  (N.S.)    337. 

Consult  also  L.R.A.  Digests  of  Cases.    39 


JGOOD  FAITH— cont'd 

Of  parties  to  arbitration  agreement.  47 
L.R.A.(N.S.)   421. 

Of  mortgagee  in  possession  in  making  re- 
pairs or  improvements  on  property. 
49  L.R.A.(N.S.)   126. 

Good  faith  of  discharge  under  contract  of 
employment  whicli  requires  work  to  be 
satisfactory.     L.R.A.1916r,  892. 

Admissibility  of  declarations  of  insured 
tending  to  show  good  faith  regarding 
statements  in  his  application.  L.R.A. 
1918F,  27L 


§   3.  —in  respect  to  compromise. 

Compromise    of    controversy    submitted    in 

good  faith.     15  L.R.A.  439. 
Effect  of,  on  validity  of  compromise  of  void, 

invalid,  or  unfounded  claim.  25  L.R.A. 

(N.S.)   280. 


§   4.  —of  vendor. 

Effect  of  vendor's  good  faith  on  right  to 
rescind  contract  for  sale  of  land  for 
misrepresentations  as  to  its  location. 
38  L.R.A. (N.S.)  305. 

Exercising  of,  on  resale  of  goods  to  fix  dam- 
ages for  purchaser's  refusal  to  accept. 
42  L.R.A.(N.S.)    682. 

Measure  of  damages  for  breach  of  contract 
to  convey  real  estate  as  affected  by 
good  faith  of  vendor.  16  L.R.A.(N.S,) 
77L 


§   5.  In   corporate  matters. 

Of  foreign  corporation.     24  L.R.A.  291. 

Necessity  for,  between  members  of  syndi- 
cate.    40  L.R.A.  218. 

In  transfer  of  stock  to  relieve  from  liabil- 
itv  for  unpaid  subscriptions.  47  L.R.A. 
262. 

Liability  as  between  corporation  and  one 
acting  in  good  faith  to  whom  it  issues 
new  certificate  of  stock  on  forged  au- 
thority.    2  B.  R.  C.  528. 


GOOD    HEALTH. 


Condition  for  delivery  of  insurance  policy 
during,  see  Insurance,  §  91. 


GOOD    ORDER. 


Municipal   control  over  nuisance   affecting, 
see  Municipal  Corporations,  §  40. 


Injunction  against  nuisances  affecting. 
L.R.A.  321. 


41 


GOODS. 

See  Pebsonal  Pbopebty. 


610 


INDEX  TO  L.R.A.  NOTES. 


GOOD    WILL. 


§   1.  Generally. 

As  to  express  contracts,  ancillary  to  sale  of 
business,  restricting  right  to  engage  in 
similar  business,  see  Contbacts, 
§§  107-109,  117,  118. 

Loss  of  profits  of  sale  or  purchase  of,  as 

damages.     52  L.R.A.  238. 
Taxation  of,  as  part  of  capital  stock,     58 

L.R.A.  566. 
As   element   of   compensation    to    be    paid 

public  utility  company  upon  taking  its 

plant.     47  L.R.A.  (N.S.)    781. 
Treatment    of,    in    public    service    property 

valuations.     48  L.R.A. (N.S.)    1146. 

§  2.  Transfer  of,  and  its  effect. 

Specific    performance    of    contract    as    to. 

L.R.A.1918E,  619. 
Right  of  one  selling  good  will  of  professional 
practice  to  solicit  patronage  of  former 
clients.     10   L.R.A.  (N.S.)    1200. 
Sale  of  business  and  good  will  as  a  limita- 
tion upon  vendor's  right  to  engage 
in  competing  business.     19  L.R.A. 
(N.S.)    762;   L.R.A.1918F,  1179. 
Effect   on    right   of    individual   partners   of 
sale  by  firm  of  good  will  of  business 
with  or   without  an   agreement  not   to 
engage  in  the  same  business.     19  L.R.A. 
(N.S.)    769. 

§  3.  Effect  of  transfer  of  business. 

What  articles  will  pass  as  appurtenances  on 
sale  of  business  plant.  8  L.R.A. (N.S.) 
795. 

Does  good  will  pass  with  transfer  of  busi- 
ness without  specific  mention.  5  L.R.A. 
(N.S.)    1077. 

Devise  or  bequest  of  property  as  passing 
good  will  with  business  conducted  in 
connection  therewith.  16  L.R.A. (N.S.) 
240. 

g   4.  Dissolution  of  firm. 

Powers  of  partners  as  to,  after  dissolution, 
see  Pabtnership,  §  33. 

g  5.  Name  of  business  establishment 
as  part  of. 

In  general.     15  L.R.A.  462. 
On   dissolution   of  partnership.      15   L.R.A. 
463. 


GOOD   WORDS. 


As  an  intangible  value  to  be  considered  in 
public  service  property  valuations.  48 
L.R.A.(N.S.)    1084. 


GOVERNMENT. 


Bonds  of,  see  Bonds,  III. 

Governmental     control     over     carriers,    see 

Carriers,  V. 
Governmental    control    and    regulation    of 

corporations    generally,    see     CoRPOHA- 

tions,  §  12. 
Begin  tvith  this  hooTc  on  every  law  question. 


GOVERNMENT— cont'd 

Governmental  control  over  right  of  fishery, 
see  Fisheries,  §  4. 

Republican  form  of  government,  see  Con- 
stitutional Law,  §  21. 

Commission  form  of,  see  Municipal  Corpo- 
rations, §  8. 

Priority  of  claims  by  or  against,  see 
Priority,  §  3. 

Diversion  of  water  by,  see  Waters,  §  52. 

Political  bodies  and  divisions,  see  Coun- 
ties ;  Municipal  Corporations  ; 
State;  Towns;  United  States.- 

Interference  by,  as  excuse  for  nonperform- 
ance of  contract.     14  L.R.A.  215. 

Situs  of  claims  against,  for  purposes  of  ad- 
ministration.    24  L.R.A.  687. 

Implication  from  use  of  patented  article, 
of  promise  to  pay  royalty.  44  L.R.A. 
(iS'.S.)   334. 

Applicability  of  presumption  of  payment 
from  lapse  of  time  as  against  govern- 
ment.    L.R.A.1916B,   739. 

Applicability  to  government  of  statutes 
limiting  liability  of  ship  owner.  L.R.A. 
1917C,  1110. 


GOVERNMENTAL  AGENCIES. 

Giving  of  free  service  or  reduced  rates  to, 
by  public  service  corporation  as  an  un- 
lawful discrimination.  L.R.A.1918D, 
904. 


GOVERNMENT  POST. 

Right  of  occupant  of,  to  acquire  residence 
as  voter.  26  L.R.A.  215;  40  L.R.A. 
(N.S.)    168. 


GOVERNMENT  PROPERTY. 

Municipal  assessment  of.     23  L.RiA.  810. 


GOVERNOR. 


§   1.  Generally. 

Mandamus  to,  see  Mandamus,  §  6. 

Suit  against,  as  action  against  the  state. 
44  L.R.A.(N.S.)    193. 

Power  of  court  to  inquire  into  the  motives 
of  the  governor  in  exercising  the  par- 
doning power.     52  L.R.A. (N.S.)   113. 

Power  of  court  to  review  action  of,  in 
removing  officer.     39  L.R.A. (N.S.)   788. 

Mandamus  to  compel  restoration  to  office 
of  one  who  has  been  illegally  removed. 
19  L.R.A. (N.S.)  52. 

Certification  of  copies  of  records  by,  for 
use  in  other  state.    5  L.R.A. (N.S.)  959. 


INDEX  TO  L.R.A.  NOTES. 


611 


GOVERNOR— cont'd 
§   2.  Powers. 

In  enactment  of  statutes,  see  Statutes, 
§§  5,  6. 

To  employ  counsel  for  the  state.  55  L.R.A. 
493. 

To  adjourn  legislature.     22  L.R.A.   716. 

To  veto  initiative  measure.  50  L.R.A.  (N.S.) 
208;  L.R.A.1917B,  24. 

To  proclaim  and  maintain  martial  law.  65 
L.R.A.  195. 

To  disband  militia.     23  L.R.A.  510. 

Power  of,  in  exercise  of  power  to  suppress 
insurrection,  to  authorize  arrest  and 
detention  of  persons  without  turning 
them  over  to  the  civil  authorities.  12 
L.R.A.(N.S.)    979. 

Right  of  governor  to  make  an  ad  interim 
appointment  to  an  office  whose  fixed 
term  expires  before  the  senate's  ad- 
journment, where  the  incumbent  is  au- 
thorized to  hold  over  until  his  succes- 
sor is  appointed.  46  L.R.A.  (N.S.) 
1202. 

Pardon  by  lieutenant  governor  or  governor 
pro  tern.     47  L.R.A. (N.S.)   1036. 

Constitutionality  of  restrictions  upon  gov- 
ernor's pardoning  power.  L.R.A.1915F, 
519. 

§  3.  Vacancy  In  office  of. 

How  far  sickness  constitutes  a  vacancy  in 
office  authorizing  performance  of  the 
duties  of  the  office  by  another.  25 
L.R.A.  613. 


§   4.  Liability. 

Personal     liability     of     governor. 
1915A,  175. 


L.R.A. 


GRAFT. 

Charge  of  "graft"  as  libel  per  se.  15 
L.R.A.(N.S.)    497. 

Libel  or  slander  by  charge  of,  against  pub- 
lic officer  or  candidate.  L.R.A.1918E, 
31. 

Libel  in  charging  public  official  with  graft 
in  public  contracts.  5  L.R.A. (N.S.) 
498. 


GRACE. 

Days  of,  see  Days  of  Gbace. 


GRADE. 

Change  of,  see  Highways,  §§  52,  53. 

Mechanic's  lien  for  grading  grounds.    L.R.A. 

1917D,  353. 
Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  697. 


-♦-•-o- 


GRADE  CROSSINGS. 

Abolishing  of,  see  Railboads,  §  32. 


GRADUATION. 


Of  license  foo,  see  License,  §  49. 
Consult  also  L.R.A.  Digests  of  Cases. 


GRAIN. 

Warehousemen  generally,   see  Waeehouse- 

MEN. 

Liability  of  grain  to  taxation  while  in  ele- 
vator in  course  of  interstate  transpor- 
tation.    44  L.R.A.(N.S.)   586. 

Liability  of  warehouseman  for  injury  to, 
by  weevil.    26  L.R.A. (N.S.)  1114. 

Sufficiency  of  selection  of  part  out  of  larger 
lot   sold.      26   L.R.A. (N.S.)    33. 

Express  warranty  as  to  quality  as  exclud- 
ing implied  warranty.  38  L.R.A. (N.S.) 
505. 

Right  to  grain  growing  in  highwav.  33 
L.R.A.(N.S.)     1053. 

Delegation  by  legislature  to  railroad  com- 
mission of  power  as  to  inspection  of. 
32  L.R.A. (N.S.)    652. 

Effect  of  Illinois  grain  regulations  on  duty 
of  carrier  to  deliver  car  at  consignee's 
place  of  business.  41  L.R.A. (N.S.) 
680. 


GRAIN  ELEVATOR. 


See  Elevators,  §  1. 


GRAMMATICAL  DEFECT. 

EfTect  of,  in  certificate  of  acknowledgment, 
11  L.R.A.  (N.S.)    643. 


GRANDCHILDREN. 

See  also  Grandparents. 

Implied  agreement  to  pay  for  services  ren- 
dered to.    11  L.R.A.  (N.S.)  882. 

Rights  of  surviving  grandchildren  under 
homestead  and  exemption  laws.  4 
L.R.A.(N.S.)    396. 

Oral  promise  by,  to  grandparents  conveying 
to  them  in  trust  as  giving  rise  to  con- 
structive trust.     39   L.R.A. (N.S.)    926. 

Statutory  right  of  action  for  death  of 
grandparents.      L.R.A. 1916E,    130. 


GRANDFATHER. 


See  Gbandpabents. 


612 


INDEX  TO  L.R.A.  NOTES. 


GRAND  JURY. 

§   1.  Generally. 

Constitutionality  of  statutes  as  to,  see 
CoNSTiTxrrioNAL  Law,  §  185. 

Continuance  of,  see  Continuance,  §  4. 

As  to  indictment  by,  generally,  see  Indict- 
ment, etc. 

Oath  to,  see  Oath,  §  2. 

Oath  to  officers  in  charge  of,  see  Oath,  §  2. 

Witnesses  before,  see  Witnesses,  §  2. 

Misconduct  toward,  as  contempt.  46  L.R.A. 
(N.S.)   521;  L.R.A.1916D,  1193. 

What  is  an  infamous  crime  within  consti- 
tutional requirement  as  to  grand  jury. 

17  L.R.A.  764. 

Fact  that  trial  juror  was  member  of  the 
grand    jury   as   ground    for   new   trial. 

18  L.R.A.  478;  50  L.R.A. (N.S.)   970. 
Right   of    indicted   person    to   inspect   min- 
utes  of  grand  jury.     27   L.R.A. (N.S.) 
558. 

Necessity  of  bringing  indictment  into  open 
court  by.     26  L.R.A. (N.S.)    684. 

Admissibility  in  criminal  case  of  state- 
ments or  confessions  made  by  accused 
before.     9  L.R.A.  (N.S.)    533. 

May  perjury  be  predicated  of  false  testi- 
mony before  grand  jury  on  matters  im- 
material to  the  issue.  22  L.R.A. (N.S.) 
1192. 

Disclosure  by  grand  juror  of  evidence  given 
before  grand  jury  as  a  contempt.  17 
L.R.A.(N.S.)   1049. 

Absence  of  foreman  or  juryman  from  grand 
jury  room.     44  L.R.A. (N.S.)   1142. 

Presence  of  unauthorized  person  in  grand 
jury  as  affecting  indictment. 
i  L.R.A.1916D,  1123. 

§   2.  Organization  of. 

Pleading  and  practice,  generally.    27  L.R.A. 

776. 
Writ;   summons;   officer.     27  L.R.A.  778. 
Excusing  and  completing  panel.     27  L.R.A. 

780. 
Drawing.     27  L.R.A.  781. 
Effect  of  selection  of,  bv  unauthorized  per- 
son.   L.R.A.1917C,  220. 
Time  and  term.     27  L.R.A.  785. 
Reconvening.     27  L.R.A.  787. 
Court.     27  L.R.A.  787. 
Special  torm.     27  L.R.A.  787. 
Special  grand  jury.    27  L.R.A.  787. 
Oath.     27  L.R.A.  788. 

Who  may  attack  organization  of.  34  L.R.A. 
(N.S.)    255. 

§   3.  Qualifications  of  grand  jurors. 

Alien.     2S  L.R.A.  195. 

Citizen.     28  L.R.A.  196. 

Residence.     28  L.R.A.   196. 

Voter.     28  L.R.A.  196. 

Freeholders  and  householders.   28  L.R.A.  197. 

Taxpayers.     28  L.R.A.   198. 

Lotalitv.     28  L.R.A.  198. 

Exemption.     28  L.R.A.  199. 

Bias.     28  L.R.A.  200. 

Prior  service.     28  L.R.A.  202. 

Bystanders.    28  L.R.A.  203. 

Disqualification  for  crime.     28  L.R.A.  203, 


Begin  with  this  boolc  on  every  law  question. 


GRAND  JURY— cont'd 

Negroes.     28  L.R.A.  204. 

Women.    28  L.R.A.  204. 

Pleading  and  practice  generally.     28  L.R.A. 

204. 
Ignorance.     28  L.R.A.  205. 
Loyalty.     28  L.R.A.  205. 
Right  of  women  to  serve  on.     38  L.R.A.  214. 

§  4.  Number  necessary  to  form. 

Generally.     27  L.R.A.  783,  846. 
Power  of  legislature   to  change   number  of 
grand  jurors  required  at  common  law. 

27  L.R.A.  846. 

Rule  in  various  states.     27  L.R.A.  847. 
English  cases.    27  L.R.A.  852. 

§   5.  Number    necessary    to    concur    In 
finding  indictment. 

Effect    of     indorsement     "true     bill."       28 

L.R.A.  33. 
Record  of  finding.     28  L.R.A.  34. 
Concurrence   by    twelve   grand   jurors.      28 

L.R.A.  34. 
Impeaching    indictment    by    showing    that 

twelve  did  not  concur.     28  L.R.A.  35. 
Concurrence    by    proper    number    of    grand 

jurors,     as     to     the     parties,     crimes, 

counts,   and   degree   of   crime   charged. 

28  L.R.A.  37. 

Concurrence  by  majority  when  grand  jury 

exceeds  twenty-three.     28  L.R.A.  37. 
Provisions    for    concurrence    by    less    than 

twelve.     28  L.R.A.  37. 
Statutes  and  Constitutions.-    28  L.R.A.  38. 

§   6.  Appearance  before. 

Appearance  of  special  attorney  or  private 
counsel  before  grand  jury.  33 
L.R.A. (N.S.)    568. 

§   7.  Competency  of  evidence  before. 

Competency   of   witnesses,   see   Witnesses, 
§   2. 

Confessions,  admissions,  and  refusal  to  testi- 
fy.    28  L.R.A.  338. 
Evidence  of  criminals.     28  L.R.A.  319. 
Depositions  and  affidavits.     28  L.R.A.  319. 
Documents.      28   L.R.A.   320. 
Minutes.     28  L.R.A.   320. 
Swearing  of  witnesses.     28  L.R.A.  320. 
Witnesses  generally.     28  L.R.A.  321. 
Prosecutor.     28  L.R.A.  322. 
Wife  as  witness.     28  L.R.A.  322. 
Hearing  witnesses  in  open  court.    28  L.R.A. 

323. 
Indictment  on  evidence  partly  incompetent. 

28  L.R.A.  323. 
Physicians.     28  L.R.A.  323. 
Evidence,  generally.     28  L.R.A.  323. 
Rumor.     28  L.R.A.  323. 
Time.     28  L.R.A.  323. 
Evidence  of  previous  consistent  statements 

of    witness    before.      41    L.R.A.  (N.S.) 

935. 

§   8.  Sufficiency  of  evidence  to  sustain 
indictment. 

Sufficiency    of    evidence    to    sustain    convic- 
tion, see  Evidence,  XIII. 


INDEX  TO  L.R.A.  NOTES. 


613 


GRAND  JURY— cont'd 

Indictment    on    knowledge    of    grand    jury. 

28  L.R.A.  324. 
Evidence  on  reindictment.     28  L.R.A.  325. 
No  evidence,    28  L.R.A.  325. 
Prosecutor.     28  L.R.A.  326. 
Amount   of   evidence   necessary   to    sustain 

an   indictment   in   general.      28   L.R.A. 

326. 
Witnesses  for  defense.    28  L.R.A.  327. 

§  9.  Improper  influence  or  interfer- 
ence witli. 

By  charge  to  grand  jury.  28  L.R.A.  367. 
By  prosecuting  attorneys.  28  L.R.A.  368. 
By   deputy   and   assistant   prosecutors.      28 

L.R.A.  370. 
By  attorneys,  generally.     28  L.R.A.  370. 
By  bailiff,  messenger,  and  officer.    28  L.R.A. 

371. 
By  clerk.     28  L.R.A.  371. 
By  stenographer.     28  L.R.A.  371. 
By  interpreter.     28  L.R.A.  372. 
By  other  persons  present.     28  L.R.A.  372. 

§   10.  Privilege  as  to  proceedings  of. 

Privilege  as  to  proceedings  of  grand  jury. 
32  L.R.A.(N.S.)  785;  L.R.A.1917F,  765. 

Report  by  grand  jurors  as  privileged  com- 
munication.    5  L.R.A.(N.S.)    164. 


^•» 


GRANDMOTHER. 

See  Geandpabents. 

♦♦-♦ 


GRANDPARENTS. 

See  also  Gbandchildben. 

Insurable  interest  in  life  of  grandfather. 
54  L.R.A.  232. 

Right  of  grandchildren  to  take  homestead 
of.     56  L.R.A.  54. 

Implied  agreement  to  pay  for  services  ren- 
dered to.     11  L.R.A.  (N.S.)    882. 

Statutory  right  of  action  for  death  of. 
L.R.A.1916E,  130. 


GRANDSTAND. 


Liability  of  person  maintaining,  for  safety 
of  patrons.  3  L.R.A.(N.S.)  1132; 
L.R.A.193.5F,  693. 

Municipal  liabilitv  for  injury  from  defects 
in.     L.R.A.19i7E,  695. 


GRANT. 

Boundary  of,  see  Boundabies,  §§  4-9. 
As  to  conveyances  generally,  see  Deeds. 
Of  land  to  railroad,  see  Public  Lands,  §  6. 
Of  tide  lands,  see  Watebs,  §  15. 
Of  water  rights,  see  Waters,  §§  74,  96,  98- 

100. 
Of  land  for  wharf,  see  Wharves,  §  2. 
Consult  also  L.R.A.  Digests  of  Cases. 


GRANT— cont'd 

Grant  of  exclusive  right  to  fish  to  individ- 
ual.    60  L.R.A.  487. 


■♦•» 


GRANTEE. 

Delivery  of  deed  to,  see  Deeds,  §  7. 

♦•» 

GRASS. 

Right   to  grass   growing   in   highway.      33 

L.R.A.(N.S.)     1053. 
Right  of  tenant  at  will  to.    41  L.R.A.{N.S.) 

406. 


GRATINGS. 


Liability  of  landlord  to  third  persons  for 
condition  of.    26  L.R.A.  199. 


GRATUITY. 


Riding  on  free  pass,  see  Careiebs,  §§  23, 
29. 

Trustee's  right  to  retain  gratuity  received 
from  third  person.  37  L.R.A.(N.S.) 
923. 

Effect  of  gratuitous  services  by  physician 
on  liability  for  malpractice.  14  L.R.A. 
429. 

Right  of  action  for  negligent  breach  of  gra- 
tuitous undertaking.  12  L.R.A. (N.S.) 
929,  931. 

Privilege  of  gratuitous  report  on  financial 
responsibility  and  integrity.  42  L.R.A. 
(N.S.)   520. 


GRAVE. 

Is  money  set  aside  under  will  or  otherwise 
for  purpose  of  caring  for  grave,  sub- 
ject to  inheritance  tax.  23  L.R.A. 
(N.S.)  474;  L.R.A.1918A,  767. 

Injunction  against  obliteration  of.  3  L.R.A. 
(N.S.)   485. 

Prescription  or  adverse  possession  of.  40 
L.R.A.(N.S.)    752. 


GRAVE  CLOTHES. 

Liability  of  decedent's  estate  for. 
665. 


33  L.R.A. 


GRAVEIi. 

Right  of  municipality  to  take,  from  high- 
way to  injury  of  fee.  12  L.R.A. (N.S.) 
1164. 


614  INDEX  TO  L.R.A.  NOTES. 

GRAVEL   PITS.  GROUND  RENT. 


Servant's  assumption  of  risk  from  changing 
conditions  of  excavations  in,  during 
progress  of  work.  19  L.R.A.(N.S.) 
357. 


GREAT  liAKES. 


Jurisdiction  over.    46  L.R.A.  277. 

Illegal    intent    of    prosecutor    as    affecting 

guilt  of  obtaining  property  by  means  of. 

17  L.R.A.(N.S.)    278. 
Public   right  of   fishing   in   bays   of   Great 

Lakes.    L.R.A.1918A,  1147. 


GREAT  PONDS. 


Title  to  islands  in.    35  L.R.A.(N.S.)   230. 
Right  to  free  fishing  in.     31  L.R.A.(N.S.) 
434. 


GRISTMILIi. 


Right  to  exercise  power  of  eminent  domain 
for  purpose  of.     18  L.R.A.(N.S.)    356. 


GROCERS. 


Validity  of  restrictive  agreement  ancillary 
to  sale  of  business  of.  24  L.R.A.  (N.S.) 
929;  L.R.A.1916C,  630. 


GROSS  NEGLIGENCE. 

Liability  of  corporate  directors  for.  55 
L.R.A.  754. 

Of  railroad  companies  towards  small  chil- 
dren on  track.    25  L.R.A.  791. 

Risks  of  negligence  assumed  by  contract 
with  carrier  as  including  gross  negli- 
gence.    1  L.R.A. (N.S.)   675. 

Of  railroad  company  operating  trains  longi- 
tudinally along  public  street.  49 
L.R.A.(N.S.)  688. 


GROSS  RECEIPTS. 

Power  of  states,  to  impose  tax  on  gross  re- 
ceipts of  interstate  telegraph  and  tele- 
phone companies.     24  L.R.A.  162. 


GROUND  FOR  REVERSAL. 


Effect    of    condemnation    upon    rights    in. 

21  L.R.A.  221. 
Taxation  of  land  under  perpetual  lease 

L.R.A.(N.S.)   284. 


46 


GROUP. 

Right  of  member  of  group  to  maintain  ac- 
tion for  libel  or  slander  based  on 
charges  against  the  group  to  which  he 
belongs.  23  L.R.A.  (N.S.)  726;  25 
L.R.A.(N.S.)  382;  42  L.R.A.(N.S.) 
870. 


GROWING   CROPS. 


See  Chops. 


GUARANTEE  AND  ACCIDENT 
LLOYDS. 

See  Lloyds. 


GUARANTEED  STOCK. 

See  CoBPOBATioNS,  §  74. 


GUARANTIES  OF  JUSTICE. 

See  CoNSTiTxrnoNAL  Law,  §  29c. 


GUARANTY. 


See  Appeal  and  Error,  §§  35-40. 

Begin  with  this  boole  on  every  la/w  question 


I.  In  general,   §   1. 
II,  Promise  to  answer  for  debt  or  de- 
fault of  another,  §§  2-10. 
a.  In  general,  §§  2-5. 
h.  Nature  and  extent,  continu- 
ing guaranty,  §  6. 

c.  Notice,    §§    7,    8. 

d.  Discharge;  effect  of  death  of 

party,  §§  9,  10. 

I.  In  general. 

§    1.  Generally. 

Guaranties  of  justice,  see  Constitutional 
Law,  §  29b. 

Of  dividends  on  corporate  stock,  see  Cor- 
porations, §  74. 

Of  signature  to  commercial  paper,  see  Bills 
AND  Notes,  §  9. 

credere     agency,     see     Del     Credere 
Agency. 

surety  of  genuineness  of  other  sig- 
natures, see  Principal  and  Surety, 
§   7. 


Del 
By 


INDEX  TO  L.R.A.  NOTES. 


615 


GUARANTY,  I.— cont'd 

Warranty  of  goods  sold,  see  Sale,  §§  26- 

38,  53-59,  68. 
Guaranty  and  surety  companies,  see  Sukety 

Companies. 

Bv  contractor  for  repair  of  pavement.  44 
L.R.A.  533. 

II,  Promise  to  answer  for  debt  or  de- 
fault  of  another. 

a.  In  general. 

§   2.  Generally. 

By  corporation,  see  Cobpobations,  §  29. 
Of  advances,  see  Advances,  §  4. 
Of  loan  by  national  bank,  see  Banks,  §  37. 
Bank  guaranty  law,  see  Banks,  §  52. 
Bond  for  fidelity  of  employees,  see  Bonds, 

§  11. 
Oral  contract  of,  see  Conteacts,  §  37. 
As  to  del  credere  agency,  see  Del  Cbedebe. 
In  nature  of  insurance,  see  Insubance. 
Of  loan,  see  Loan,  §  3. 
Liability   on   guaranty   obligation   obtained 

bv  fraud,  see  Pbincipal  and  Surety, 

Right  cf  guarantor  to  have  judgment 
against  principal  set  aside.  54  L.R.A. 
765. 

Liability  on  guaranty  obtained  by  fraud. 
21  L.R.A.  409. 

Liability  of  corporate  officers  who  fail  to 
file  report  required  by  statute,  to  guar- 
antor of  corporate  paper.  35  L.R.A. 
(N.S.)    855. 

Validity  of  guaranty  partially  made  on 
Sunday  and  perfected  on  secular  day. 
4  L.R.A.(N.S.)   1151. 

Right  of  accommodation  guarantor  who  has 
been  obliged  to  pay  bill  or  note  to  re- 
cover from  accommodated  party.  37 
L.R.A.  (N.S.)    786. 

Constitutionality  of  bank  guaranty  law. 
32  L.R.A. (N.S.)    1065. 

Of  loan,  by  national  bank.  32  L.R.A.  (N.S.) 
544. 

Demand  as  a  condition  precedent  to  an  ac- 
tion on  a  promise  to  pay  on  demand 
the  debt  of  another.  34  L.R.A.  (N.S.) 
154. 

Note  of  third  party  for  goods  sold  as  pay- 
ment where  purchaser  guarantees  pay- 
ment.    35  L.R.A. (N.S.)    46. 

Effect  upon  guarantor  of  judgment  against 
principal.  40  L.R.A. (iST.S.)  734;  L.R.A. 
1918E,  814. 

Presumption  as  to  time  of  alteration  in. 
39   L.R.A.(N.S.)    106,    107,   114. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void  in 
law.    4  B.  R.  C.  663. 

Necessity  of  new  consideration  to  bind  third 
nerson  who  signs  as  guarantor  after 
execution  and  delivery  of  original  con- 
tract bv  principal.  44  L.R.A.  (N.S.) 
481;   L.R.A.1918E,  579. 

Rights  as  against  principal  debtor  of  one 
who  becomes  guarantor  without  his 
knowledge  or  consent.  L.R.A.1918F, 
709. 

Consult  also  L.R.A.  Digests  of  Cases. 


GUARANTY,  II.  a^-cont'd 

Is  conveyance  by  guarantor  within  statute 
as  to  fraudulent  conveyances.  47 
L.R.A. (N.S.)  321. 

§   3.  What  constitutes. 

Indorser  of  note  as  guarantor,  18  L.R.A. 
(N.S.)    565. 

Letter  in  reply  to  inquiry  as  to  third  par- 
ty's financial  condition.  1  L.R.A. 
(N.S.)    305. 

Request  to  make  advances  to  another  as 
implied  guaranty  of  payment.  15 
L.R.A.(N.S.)  Ili5;  46  L.R.A. (N.S.) 
484. 

§   4.  Transfer  of   title  by. 

Transfer  of  title  to  note  by  indorsement  in 
form  of  guaranty.  36  L.R.A.  232;  41 
L.R.A.(N.S.)    1009;    L.R.A.1915C,   661. 

§   5.  Power   to   enter*  into   contract   of. 

Right  of  railroad  company  to  guarantee 
the  securities  of  another  railroad  com- 
pany.   L.R.A.1918D,  175. 

Implied  power  of  railroad  company  to  guar- 
antee enterprise  otlier  than  transporta- 
tion of  goods  or  passengers.  2  L.R.A. 
(N.S.)    887;    38   L.R.A.(N.S.)    830. 

Power  of  corporation  organized  for  the 
manufacture  and  sale  of  liquor  to  en- 
ter into  contracts  of  guaranty  or  sure- 
tyship on  behalf  of  its  customers  or 
prospective  customers.  27  L.R.A. 
(N.S.)   186;  L.R.A.1918C,  1008. 

J).  Nature  and  extent;  continuing 
guaranty. 
§   6.  Generally. 

Responsibility  of  publisher  to  patrons  on 
guarantv  of  advertisements.  L.R.A. 
1918C,  820. 

Guarantor  of  note  as  surety  for  surety 
maker.     21  L.R.A.  250. 

Liability  of  guaranty  members  of  mutual 
fire  insurance  company,  32  L.R.A. 
496. 

Character  of,  and  rules  governing,  contracts 
by  corporations  engaged  for  profit  in 
business  of  guarantying  the  fidelity  or 
contracts  of  other  persons,  33  L.R.A. 
(N.S.)  513. 

When  is  a  guaranty  a  continuing  one.  39 
L.R.A.(N.S.)  724. 

When  does  contract  of  guaranty  of  com- 
mercial paper  cover  renewals.  16 
L.R.A.(N.S.)    775. 

Does  guaranty  of  credit  extended  for  price 
of  goods  sold  cover  sales  to  «Buccessor. 
19  L.R.A. (N.S.)   901. 

Does  liability  of  guarantor  of  payment  of 
interest  cease  at  maturity  of  the  obli- 
gation.    21   L.R.A.(N.S.)    154. 

Liability,  under  continuing  guaranty  run- 
ning to  partnership  or  corporation,  for 
goods  sold  or  credits  extended  after  a 
change  in  the  firm  or  corporation.  14 
L.R.A.(N.S.)    1231. 

c.  Notice, 

§  7,  Necessity  of  notice  of  acceptance 
to  bind  guarantor. 

In  general.  16  L.R.A.  (N.S.)  353;  33  L.R.A. 
(N.S.)  960;  48  L.R.A.(N.S.)  198. 


■616 


GUARANTY,  II.  c— cont'd 

Absolute  guaranty.     16  L.R.A.(N.S.)    354; 

48  L.R.A.(N.S.)    198. 
Conditional     guaranty.       16     L.R.A.  (N.S.) 

367;  48  L.R.A. (N.S.)   199. 
Express  or  formal  notice.     16  L.R.A.(N.S.) 

377. 
Waiver.    16  L.R.A.(N.S.)  379. 

§  8.  Necessity  of  notice  of  default  to 
bind  guarantor. 

Generally.     20  L.R.A.  257. 
Guaranty  of  agents.     20  L.R.A.  258. 
Guaranty  of  bond.     20  L.R.A.  258. 
Guaranty  of  judgment.     20  L.R.A.  259. 
Guaranty   of   lessee's   contract.     20   L.R.A. 

259. 
Guaranty  of  purchases.     20  L.R.A.  259. 
On  guaranty  of  note.     20  L.R.A.  261. 
Injury  or  prejudice  resulting  from  failure 

to  give  notice.     20  L.R.A.  263. 
Time  for  notice.     20  L.R.A.  264. 
Insolvency  as  an  excuse  for  failure  to  give 

notice.     20  L,R.A.  264. 
Waiver  of  notice.     20  L.R.A.  264. 

d.  Discharge;  effect  of  death  of  party. 

§  9.  Discharge  generally. 

Release  of  principal  after  maturity  of  obli- 
gation as  affecting  guarantor.  38 
L.R.A.(N.S.)    875. 

Payment  voidable  under  bankruptcy  act  as 
discharge  of  guarantor.  9  L.R.A. (N.S.) 
581. 

Estoppel  to  enforce  contract  of  suretyship 
or  guaranty  released  through  mistake. 
13  L.R.A.  (isr.S.)  576. 

Does  statute  of  limitations  commence  to 
run  at  the  time  of  breach  of  contract 
of,  or  at  the  time  actual  damages  are 
sustained  in  consequence  thereof.  15 
L.R.A.(N.S.)    159. 

Effect  of  purchase  at  tax  sale,  by  or  in  the 
interest  of  guarantor,  of  mortgage  in- 
debtedness. 16  L.R.A. (N.S.)  121;  52 
L.R.A.(N.S.)  877. 

Effect  on  guarantor's  liability  of  obligee's 
insistence  upon  part  payment  before 
expiration  of  the  term  of  credit.  22 
L.R.A.(N.S.)   713. 

Effect  of  voluntary  discharge  of  one  of  two 
or  more  guarantors  on  liability  of  co- 
guarantors.     L.R.A.1918E,  95. 

§   10.  Effect  of   death   of   party  on. 

Effect-  of  «leath  of  party  on.  23  L.R.A.  709 ; 
45  L.R.A.(N.S.)  350. 

Is  liability  of  guarantor  or  surety  deter- 
mined by  his  death.     2  B.  R.  C.  937. 


INDEX  TO  L.R.A.  NOTES. 

GUARDIAN  AD  LiITEM. 

For  infant,  see  Infants,  §  32. 


GUARANTY  COMPANIES. 

See  Surety  Companies. 


GUARANTY  INSURANCE. 


In  action  by  incompetent  person.    2  L.R.A. 

(N.S.)   96L 


See  Insurance,  X. 

Begin  taith  this  hooTc  on  every  law  question. 


GUARDIAN  AND  WARD. 

/.  In  general,   §   1. 
II.  Appointment,   §§   2-4. 

III,  Powers,    rights,    and    liabilities    of 

guardian,  §§  5— 10a. 

IV.  Bonds    and     liability    thereon,    §§ 

11-13. 
V.  Sale  or  lease  by  guardian  of  ward's 
land,  §14. 
VI.  Action  by  ward  against  guardian, 
§    15. 

I.  In  general. 

§   1.  Generally. 

Guardian    of    incompetent    person,    see    In- 
competent  Persons,   §§   21-24. 
Guardian  ad  litem,  see  Infants,  §  32. 

Payment  of  money  deposited  to  credit  of 
minor  to  person  other  than  guardian. 
29  L.R.A. (N.S.)    67. 

What  constitutes  residence  of  child  living 
vi^ith  guardian  entitling  him  to  privilege 
of  public  schools.    36  L.R.A.  (N.S.)  343. 

Independent  advice  as  condition  of  valid 
gift  inter  vivos  between.  16  L.R.A. 
(N.S.)    1087. 

Liability  of  ward's  estate  for  debts  con- 
tracted and  expenses  incurred  by  guard- 
ian in  carrying  on  business.  40  L.R.A. 
(N.S.)   224. 

Allowance  as  costs  of  administration  of  ex- 
penses of  business  carried  on  by 
guardian.      40  L.R.A.  (N.S.)   231. 

Right  of  guardian  of  infant  to  appointment 
as  administrator  or  executor.  L.R.A. 
1915C,   581. 

Guardian's  consent  as  affecting  infant's  con- 
tract.    L.R.A.1915C,  362. 

II.  Appointment. 

§   2.  Generally. 

Of  guardian  for  incompetent  person,  see 
Incompetent  Persons,   §§  22,  23. 

Right  of   parent   to   appoint  guardian   for 
minor  child  by  wiU.     2  L.R.A.(N.S.) 
203. 
Effect  of  invalid  attempt  to  appoint  testa- 
mentary     guardian.        45      L.R.A. 
(N.S.)  446. 

§  3.  Effect  of  father's  attempt  to  ap- 
point guardian  as  against  mother. 

The    common-law    rule.      13    L.R.A. (N.S.) 

288. 
The  statute  12  Chas.  II.  chap.  24,  §  8.     13 

L.R.A. (N.S.)    288. 
Putative  father.     13  L.R.A. (N.S.)   294. 


INDEX  TO  L.R.A.  NOTES. 


617 


GUARDIAN  AND  WARD,  II.— cont'd 
§   4.  Parent's  right  to  appointment. 

General  rights  of  father.  33  L.R.A.(N.S.) 
869. 

General  rights  of  mother,  33  L.R.A.(N.S.) 
870. 

Rights  as  between  parents.  33  L.R.A.  (N.S.) 
871. 

Welfare  of  child  as  affecting  parents'  rights. 
33  L.R.A. (N.S.)    871. 

Suitableness  of  parents.  33  L.R.A. (N.S.) 
872. 

Right  of  mother  or  reputed  father  to  guard- 
ianship of  illegitimate  child.  65  L.R.A. 
695. 


III.  Powers,    rights,    and   liabilities   of 
guardian. 

§  5.  Powers  and  rights. 

Of    incompetent    person,    see    Incompetent 

Persons,  §  24. 
Of  guardian  ad  litem,  see  Infants,  §  32. 

To  adeem  legacy.     28  L.R.A. (N.S.)    401. 

Right  to  remove  infant  from  the  state.  58 
L.R.A.    931. 

Power  of  guardian  to  carry  o«i  business  on 
behalf  of  estate.     40  L.R.A. (N.S.)   204. 

Right  to  mechanics'  lien  for  improvements 
made  on  infant's  land  by  authority  of 
guardian.     15   L.R.A. (N.S.)    1159. 

Right  of  mother  or  reputed  father  to  cus- 
tody or  control  of  illegitimate  child  as 
against   its  guardian.     65   L.R.A.   689. 

Unauthorized  transfer  of  stock  on  books  of 
corporation  at  request  of  guardian.  45 
L.R.A.  (N.S.)    1080. 

Change  of  infant's  domicil  by  guardian.  49 
L.R.A. (N.S.)   869. 

Consent  of  guardian  to  a  license  for  the 
sale  of  intoxicating  liquors.  L.R.A. 
1916D.  819. 

Funds  on  which  guardian  is  entitled  to  com- 
missions.    L.R.A.1917C,  193. 

§   6.  — as  to  commercial  paper. 

Circumstances  suflicient  to  put  one  taking 
paper  from  guardian  on  inquiry.  29 
L.R.A.(N.S.)  365;  44  L.R.A.  (N.S.) 
403;  L.R.A.1918F,  1153. 

Guardian's  commercial  paper  as  payment 
of  debt.     35  L.R.A. (N.S.)   63. 

§   7.  — to  dispose  of  ward's  property. 

Constitutionality  of  private  statute  author- 
izing guardian  to  dispose  of  infant's 
property.     16  L.R.A.  254. 

Power  to  lease  infant's  lands  beyond  his 
minority  or  the  guardianship.  L.R.A. 
1916F,  499. 

§   8.  —  in  insurance  matters. 

Insurable  interest  of  husband  as  guardian 
of   wife's   property.     66   L.R.A.   659. 

Right  of  guardian  to  surrender  insurance 
policy  in  favor  of  ward.  35  L.R.A. 
(N.S.)   1123. 

§   9.  — over  actions. 

To   enter  appearance  of  ward.     32  L.R.A. 

684. 
Consult  also  L.R.A.  Digests  of  Cases. 


GUARDIAN  AND  WARD,  III.— cont'd 
Power  of  general  guardian  to  submit  cause 

of    action    for   arbitration.      70   L.R.A. 

175. 
Guardian's     right     to    maintain     statutory 

action  for  death  of  ward.    L.RA.1916E, 

166. 
To  compromise  infant's  cause  of  action  for 

personal     injurips.       21     L.R.A.(N.S.) 

338;  L.R.A.1918C,  58. 
To  maintain  ejectment.     18  L.R.A.  789. 
Admissions  and  waivers  by,  in  actions.     32 

L.R.A.  671. 
Guardian's  right  to  have  judgment  set  aside. 

54  L.R.A.  761. 

§    10.  Liabilities. 

Liability  on  bond,  see  infra,  §  13. 
Liability    to    garnishment,    see    Garnish- 
ment, §  8. 

For  misappropriation  of  ward's  funds  by 
attorney.     5  L.R.A. (N.S.)  575. 

For  loss  of  ward's  money  deposited  in  bank. 
21  L.R.A. (N.S.)    399. 

Personal  liability  for  losses  from  invest- 
ments.    44  L.R.A. (N.S.)    873. 

For  suit  money  and  alimony  in  divorce 
proceedings  instituted  by  or  against  the 
ward.     15  L.R.A. (N.S.)    1034. 

Right  of  court  to  surcharge  account  ot 
guardian  in  absence  of  objection  to 
account,  or  upon  an  objection  by  amicus 
curiae.     18  L.R.A.(N.S.)    284. 

Necessity  of  presenting  ward's  claim  against 
estate  of  deceased  guardian.  58  L.R.A. 
86. 

Liability  of  guardian  who  signs  contract 
adding  words  indicating  representative 
capacity  to  his  signature.  42  L.R.A. 
(JSJ.S.)    60. 

Liability  for  carrying  on  business  for  ward's 
benefit.     40  L.R.A. (N.S.)   223. 

§    10a.  Accounting;    settlement. 

Limitation  of  actions  or  suits  to  compel 
guardian  to  account.  47  L.R.A. (N.S.) 
451. 

Settlement  between  guardian  and  ward  out 
of   court.     L.R.A.1916E,   863. 

IT.  Bonds  and  liability  thereon. 

§   11.  Generally. 

Power  of  surety  company  to  act  as*  guardian 

without  bond.     48  L.R.A.  589. 
Execution  of  guardian's  bond  on  condition 

that  others  shall  sign.     45  L.R.A.  339. 
Presumption    as    to    time   of   alteration    in 

guardian's  bond.     39  L.R.A. (N.S.)   115. 
Liability   of   judicial    officer   for   failure   to 

take  proper  guardian's  bond.    44  L.R.A. 

(N.S.)    176. 

§  12.  Necessity  of  bond  to  make  gnard- 
ian's  acts  valid. 

Natural  guardians.     33  L.R.A.  759. 
Testamentary  guardians.     33  L.R.A.  760. 
Guardians    appointed    by    the    court.      33 
L.R.A.  760.     • 


61« 


INDEX  TO  L.R,A.  NOTES. 


GUARDIAN  AND  WARD,  IV.— cont'd 
§    13.  LfabiUty  on  bond. 

Effect  of  insertion  of  unaiitliorized  provi- 
sions in  bond.     L.R.A.1917B,  990. 
Penalty  as  limit  of  liability  on  bond.     55 

L.R.A.  392. 
Effect  on  surety  of  judgment  against  prin- 
cipal.    52  L'.R.A.  187;  40  L.R.A.(N.S.) 
417;  L.R.A.1918E,  818. 
Contingency   of   claim   against   sureties  on 

guardian's   bond.      58   L.R.A.   86. 
Decree  directing  transfer  of  fund  of  guard- 
ian to  himself  in  another  fiduciary  ca- 
pacity   as    affecting    liability    of    his 
sureties.      40    L.R.A. (N.S.)     1136. 
Liability  of  sureties  on  guardian's  bond  for 
defalcation  prior  to  the  execution  there- 
of.    39  L.R.A. (N.S.)    961. 
Liability    of    sureties    on    general  bond  of 
guardian,    executor,    or     adminis- 
trator,  as   affected    by    a    special 
bond.    43  L.R.A. (N.S.)   308. 
Limitation    of    actions  against  sureties  to 
recover    on    guardian's    bond.     47 
L.R.A.(N.S.)   460. 

F.  Sale  or  lease  by  guardian  of  ward's 
land. 

§   14.  Generally. 

Power  of  guardian  to  dispose  of  ward's 
property,  see  supra,  §  7. 

Sale  of  infant's  property  generally,  see  In- 
fants, §§  27-29. 

Necessity  of  bond  on  sale  of  infant's  land. 
33  L.R.A.  761. 

Notice  of  application  by  guardian  for  leave 
to  sell  infant's  real  estate  as  juris- 
dictional.     8   L.R.A. (N.S.)    1215. 

Reimbursement  or  subrogation  of  purchaser 
on  annulling  sale  by  guardian.  69 
L.R.A.  45. 

Power  of  court  to  authorize  lease  of  infant's 
lands  beyond  his  minority  or  the  guar- 
dianship.    L.R.A.1916F,  500. 

Estoppel  of  guardian  to  deny  that  he  re- 
ceived the  amount  stated  in  his  report 
of  a  sale.    L.R.A.1916A,  639. 

Applicability  of  rule  caveat  emptor  to  sales 
by  guardian  of  minors  as  regards 
ward's  title.     L.R.A.1915E,  834. 

VJ.  Action  by  ward  against  guardian. 

§   15.  Generally. 

Right  of  ward  to  maintain  action  at  law 
against  guardian  for  guardianship 
funds,  after  termination  of  guard- 
ianship, but  before  settlement  of 
account.      26   L.R.A. (N.S.)    789. 

Limitation  of  actions  or  suits  to  compel 
guardian  to  account,  or  to  recover 
on  his  bond.    47  L.R.A. (N.S.)  451. 


GUARDS. 


GUARDS— cont'd 

At  dangerous  place  in  street,  see  Highways, 
§  73. 

Master's  duty  to  guard  machinery,  see  Mas- 
ter AND  Servant,  §  90.  ' 

Liability  for  failure  to  guard  wires  from 
falling  electric  wires  of  other  owners. 
31  L.R.A.  582. 


GUARD   WIRES. 


§   1.  For  electric  wires. 

Police  regulation  as  to.     31  L.R.A.  802. 
Duty  toward  traveler  in   highway  to  erect 
guard  wires.     22  L.R.A. (N.S.)   1171. 


GUESSING  CONTEST. 

As  lottery.     11  L.R.A. (N.S.)    609. 


GUESTS. 

Liability  for  injury  to  guest  in  automobile, 

see  Automobiles,  §  8. 
At  inn  or  hotel,  see  Innkeepers. 
Liability   of   landlord   for  injury  to  guests 

of  tenant,  see  Landlord  and  Tenant, 

§  72. 

Liability  of  keeper  of  bath  house  for  loss 

of   guest's   valuables.     6   L.R.A. (N.S.) 

828. 
Liability  at  common  law  of  saloon  keeper 

for  personal  injury  to.    4  L.R.A.  (N.S.) 

649. 
Imputing  negligence  of  driver  to.     8  L.R.A. 

(N.S.)    648;   L.R.A.1915A,  763. 
Responsibility  of  guest  for  injury  to  third 

person    through    negligence    of    person 

driving  automobile.     L.R.A.1915E,  439. 


GUILT. 


39 


Flight    as    creating    presumption    of 

L.R.A.(N.S.)    58. 
Conclusiveness  in  civil  action  of  judgment 

in   criminal   action    to   establish   guilt. 

11  L.R.A.(N.S.)    657. 


GUILTY. 

Plea  of,  see  Criminal  Law,  §  56. 


Masters   duty   as   to  guarding  machinery.    Right  of  court  in  criminal   case  to  direct 

see  Master  and  Servant,  §  90.  verdict  of.     22  L.R.A. (N.S.)    304. 

Begin  with  this  booTc  on  ei^ery  law  question. 


INDEX  TO  L,R.A.  NOTES. 


619 


GUNPOWDER. 

See  also  Explosions  and  Explosives. 

Negligence  in  the  manufacture  and  storage 

of.     29  L.R.A.  718. 
Keeping  of,   on   insured  premises.     L.R.A. 

1917C,  278. 


GUNS. 


See  FiKEABMS. 


GUTTERS. 

Municipal  liability  for  injury  by.  20 
L.R.A.(N.S.)    627. 

Open  gutter  as  defect  rendering  public  lia- 
ble for  injurv  to  traveler.  L.R.A.1916F, 
708. 


GUY  ROPE. 


Contributory  negligence  of  one  struck  by 
guy  rope  stretched  across  street.  L.R.A. 
1918A,  205. 


H 


HABEAS  CORPUS. 


g   1.  Generally. 

Termination  of  criminal  prosecution  by  dis- 
charge on,  so  as  to  support  suit  for 
malicious  prosecution.  2  L.R.A.  (N.S.) 
935. 

Presumption  of  innocence  in  habeas  corpus 
proceedings.      22   L.R.A.   678. 

Absence  from  jurisdiction  of  person  to 
whom  writ  of  habeas  corpus  is  direct- 
ed as  affecting  court's  authority  to  is- 
sue writ.    4  B.  R.  C.  810. 

§  2.  Jurisdiction  of  Federal  courts. 

Jurisdiction  of  United  States  courts.  4 
L.R.A.  236;*  10  L.R.A.  616.» 

§  3.  Who  may  demand. 

Right  of  alien  enemy  to.  5  B.  R.  C.  600; 
L.R.A.1918B,  199;  L.R.A.1918E,  811. 

Right  of  stranger  to  writ  of  habeas  corpus. 
9   L.R.A. (N.S.)    1173. 

Right  of  person  wrongfully  brought  into 
jurisdiction  to  be  released  on  habeas 
corpus.      12   L.R.A.(N.S.)    225. 

Right  of  minor  unlawfully  enlisted  in  Army 
or  Navy  to  discharge  on  habeas  corpus 
from  custody  of  court-martial  under 
charge  of  desertion  or  fraudulent  en- 
listment. 18  L.R.A.(N.S.)  956;  1..R.A. 
1917D,  1059. 

§  4.  Scope  of  writ;  questions  consid- 
ered. 

To  test  indictment  or  information.  L.R.A. 
1918B,  1]56. 

To  review  excessive  sentence.  45  L.R.A. 
139;   51  L.R.A.(N.S.)    374. 

To  release  prisoner  on  account  of  delay  of 
prosecution.     56  L.R.A.  539. 

To  release  one  convicted  on  perjured  evi- 
dence.    L.R.A.193  8F,  1078. 

To  review  commitment  of  witness  by  magis- 
trate for  contempt.  1  L.R.A. (N.S.) 
1142. 

Will  habeas  corpus  lie  to  release  one  con- 
victed after  wrongful  refusal  to  change 
venue.     25  L.R.A. (N.S.)    483. 

Right  to  have  claim  of  former  jeopardy  de- 
termined in  habeas  corpus  proceeding. 
15  L.R.A. (N.S.)    227. 

Consult  also  L.R.A.  Digests  of  Cases. 


HABEAS  CM3RPUS— cont'd 
Collateral    attack     in,    upon     decision     as 
against  constitutional  right.    39  L.R.A. 
•      450. 
Right  to,  in  case  of  bail,  parole,  or  volun- 
tary  surrender.     35   L.R.A.  (N.S.) 
882. 
Right  to,  of  one  held  under  provision   of 
Selective  Service  Act  of  May  18,  1917. 
L.R.A.1918E,  1019. 
To    procure    release    of    one    committed    to 
insane  asylum  upon  acquittal  on  ground 
of   insanity.     36  L.R.A. (N.S.)    578. 

§  5.  —to  review  extradition  proceed- 
ings. 

Right  of  person  wrongfully  brought  into 
jurisdiction  to  be  released  on  habeas 
corpus.     12   L.R.A. (N.S.)    225. 

To  review  extradition  proceedings;  right 
to  be  heard  on  merits  of  the  charge 
against  accused.     21  L.R.A. (N.S.)   939. 

Right  to  review  of  order  in  habeas  corpus 
discharging  or  remanding  partv  held 
for  extradition.     34  L.R.A.  (N.S.*)    755. 

§   6.  Grounds  for  discharge  on. 

To   secure   release   of   one   convicted  while 

insane.     L.R.A.1918B,  81. 
Discharge   on    habeas   corpus   for   excessive 

sentence.      45    L.R.A.    144;    51    L.R.A 

(N.S.)   373. 
Designation  of  wrong  place  of  imprisonment 

as  ground   for   discharge  upon   habeas 

corpus.     13   L.R.A. (N.S.)    518. 
Habeas  corpus  because  of  defective  verdict. 

L.R.A.1916F,  967. 
Right  of  one  restrained  as  insane  person  to 

discharge  upon  ground  of  irregularity 

or     invalidity     of     commitment.       44 

L.R.A.(N.S.)   389. 

§   7.  Procedure;  judgment. 

Conclusiveness  of  judgment  as  to  custody 
of  infant,  see  Judgment,  §  26. 

Habeas  corpus  decree  as  to  custody  of  in- 
fant as  res  judicata.    67  L.R.A.  783. 

Collateral  attack  on  judgment  in,  for  fraud 
not  affecting  jurisdiction.  36  L.R.A. 
(N.S.)   986. 

Effect  of  appeal  as  stay  of  judgment  in. 
2  L.R.A.(N.S.)   244;  L.R.A.1918C.  923. 


620 


INDEX  TO  L.R.A.  NOTES. 


HABEAS  CORPUS— cont'd 
§   8.  Suspension  of  writ. 

Extent  and  effect  of.     45  L.R.A,  834. 
Power  to  suspend;   who  may  suspend.     45 

L.R.A.  832. 
Continuance    of    constitutional    guaranties 

during  war  or  insurrection.     45  L.R.A. 

{N.S.)  996. 


HABIT-FORMING  DRUGS. 

Furnishing    or    prescribing    by    physician. 
L.R.A.1918E,  669. 


HABITS. 

See  Custom  and  Usage. 


HABITUAIi    CARELESSNESS. 

Evidence    of    specific    instances    to    prove 
habitual    carelessness    of    servant.      14 

L.R.A.(N.S.)    768. 


HABITUAL.   CRIMINALS. 

Punishment  of,  see  Criminal  Law,   §   83. 


HABITUAL  DISOBEDIENCE. 

Evidence  of  specific  instances  to  prove 
habitual  disobedience  of  servant.  14 
L.R.A.  (N.S.)  769. 


HABITUAL  DRUNKARD. 

S   1.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  106. 

Drunkenness  as  ground  for  divorce,  see 
DivoKCE  and  Separation,  §  26. 

As  to  drunkenness,  generally,  see  Drunk- 
enness. 

Validity  of  contracts  made  with.    54  L.R.A. 

449. 
Power  of  court  or  guardian  of,  to  consent 

to  conveyance  by  trustee  under  a  trust 

requiring  consent  by  cestui  que  trust. 

39  L.R.A. (N.S.)    39. 

§   2.  Sale  of  liquor  to. 

Criminal  liability  for  sale  of  liquor  to,  by 
partner,  agent,  or  servant.  41  L.R.A. 
669. 

Is  one  who  obtains  liquor  for,  and  delivers 
it  to,  person  of  intemperate  habits 
guilty  of  selling  same.  24  L.R.A. 
(N.S.)   273;  L.R.A.1917D,  1020. 


HABITUAL    INSANITY. 

Presumption  of  continuance  of.     35  L.R.A. 

117. 
Begin  with  this  hooTe  on  every  law  question. 


HABITUAL  PRACTICE. 

Of  employees  as  legal  substitute  for  rule. 
43  L.R.A.  316. 


HACKS. 

§   1.  Generally. 

Cartmen,  see  Cartmen  and  Teamsters. 

Cab,  or  other  vehicle  used  for  transporta- 
tion of  passengers  for  hire,  as  exempt 
property.     4  B.  R.  C.   478. 

Duty  and  liability  of  proprietor  of  public 
hack  or  cab  to  passengers.  5  L.R.A. 
(N.S.)    1069. 

May  one  in  charge  of  a  vehicle  under  a  con- 
tract importing  a  bailment  or  lease  be 
regarded  as  a  servant  of  the  owner  as 
to  a  third  person  injured  by  the  vehicle. 
6  L.R.A.(N.S.)    544. 

Delegation  of  municipal  power  as  to  license 
of.     20  L.R.A.  724. 

Right  of  state  or  municipality  to  forbid 
solicitation  of  patronage  at  railway  sta- 
tion.    L.R.A.1917D,  690. 

§  2.  Use  of  street  for  hack  stands. 

Using  street  for  hack  stand.    14  L.R.A.  557. 

Power  of  municipal  corporation  to  grant 
permit  for  hack  stand  on  street  or 
sidewalk.     25  L.R.A. (N.S.)    403. 

Power  of  municipality  to  establish  exclusive 
hack  stands.     33  L.R.A. (N.S.)   471. 

Effect  of  discrimination  by  municipality  in 
designating  standing  places  for  cabs 
and  other  similar  vehicles.  L.R.A. 
1915F,  726. 

§  3.  Discrimination  by  carriers  as  to. 

Discrimination  as  to  hackmen  at  depots, 
wharves,  etc.  13  L.R.A.  848;  16  L.R.A. 
(N.S.)   777;  L.R.A.1915B,  358. 

Exclusion  of  hackmen  from  railroad  depot. 
39  L.R.A.(N.S.)    126. 

Remedy  by  injunction  for  unlawful  dis- 
crimination by  railroad  against  hack 
driver.     8  L.R.A.  (N.S.)    1027. 

Right  of  carrier  to  grant  exclusive  train 
privilege  to  baggage  or  transfer  com- 
panies. 32  L.R.A.(N.S.)  1181;  L.R.A. 
1917F,  1085. 


HAIR. 

Master's  duty  to  guard  against  employee's 
hair  being  caught  in  machinery.  27 
L.R.A.(N.S.)  972;  48  L.R.A.llN.S.) 
834. 


HALF  BLOOD. 


Inheritance  by  heirs  of  the  half  blood,  see 
Descent  and  Distribution,  §  3. 


INDEX  TO  L.R,A.  NOTES. 


621 


HAIiF-BROTHER. 

Killing  or  assaulting  of,  as  sufficient  provo- 
cation to  reduce  homicide  to  man- 
slaughter.    17  L.R.A.(N.S.)    795. 


■♦•» 


HAIiliUCINATION. 

Aa  insane  delusion.     37  L.R.A.  283. 

♦-•-♦ 

HAIiliWAYS. 

Responsibility  of  landlord  for  injuries  from 
defects  in  hallway  remaining  in  his 
possession.  14  L.R.A.  239;  L.R.A.1916F, 
1145,  1161. 

Landlord's  duty  to  light  •common  hall.  1 
B.  R.  C.  107. 


HAMMERS. 


As  deadly  weapons.     21  L.R.A. (N.S.)    506. 
Master's   liability   for  injury  by  defect  in. 

13  L.R.A.(N.S.)    671;  51  L.R.A.(N.S.) 

337;  L.R.A.1918D,  1141. 


HAND  BAGGAGE. 


Liability  of  carrier  for  injury  to  passenger 
from  baggage  or  parcel  in  aisle  of  car. 
13  L.R.A.(N.S.)  481;  43  L.R.A.(N.S.) 
1050. 

Right  of  passenger  to  carry  baggage  or 
packages  in  street  car.  30  L.R.A. 
(N.S.)    889. 

Limitation  of  carrier's  liability  for  pas- 
senger's hand  baggage.  19  L.R.A. 
(N.S.)    1011. 

Application  to  hand  baggage  of  limitation 
of  liability  for  loss  of  baggage.  5 
L.R.A.(N.S.)  650. 


HAND    CARS. 


Master's  liability  for  injury  to  servant  by 
defects  in.  54  L.R.A.  172;  L.R.A.1918D, 
1141. 

Master's  liability  for  vice  principal's  neg- 
ligence   in   operating.      54   L.R.A.    128. 

Section  foreman  as  a  fellow  servant  of 
members  of  crew  with  respect  to  opera- 
tion of  hand  car.  20  L.R.A. (N.S.) 
434. 

As  railroad  hazard  within  statute  changing 
fellow  servant  rule.  18  L.R.A. (N.S.) 
481;  47  L.R.A.(N.S.)   116. 

Contributory  negligence  of  employee  by 
venturing  with  hand  car  on  track  over 
which  other  train  has  right  of  way. 
1  L.R.A.(N.S.)    1014. 

Consult  also  L.R.A.  Digests  of  Cases. 


HAND  CARS— cont'd 

Liability  of  railroad  company  for  injury 
to  person  wrongfully  riding  on  hand 
car  by  collusion  with  train  employee. 
37  L.R.A.(N.S.)   427. 

Liability  of  railroad  company  for  frighten- 
ing horse  on  highway  by  hand  car  on 
or  near  crossing.    42  L.R.A.  (N.S.)  571. 

Evidence  as  to  speed  of.  34  L.R.A. (N.S.) 
790. 

Hand  car  as  a  car  within  statute  or  ordi- 
nance.    L.R.A.1915A,  817. 

Liability  of  master  where  servant  invites  or 
permits  children  to  ride  on.  L.R.A. 
1915E,  893. 

Contributory  negligence  of  child  injured  by. 
L.R.A.1917F,  162. 


HANDCUFFS. 


Right  of  prisoner  to  appear  without  at  trial. 
39  L.R.A.  821. 


HANDWRITING. 


Evidence  as  to,  see  Evidence,  §§  198-205. 

Identification  of,  see  Identity  and  Identi- 
fication, §  12. 

Cross-examination  of  witness  as  to,  see 
Witnesses,  §  35. 

Proof  of,  where  attesting  witnesses  are  dead 
or  cannot  remember  transaction.  44 
L.R.A.  142. 

In  family  Bible,  necessity  for  proof  of.  41 
L.R.A.  455. 


HARBOR. 


Aa    to   harbor   commissioners,    see   Harbob 

Commissioners. 
As  to  wharves,  see  Wharves. 

Liability  of  owner  for  cost  of  removing 
vessel  sunk   in.     3  L.R.A.(N.S.)    1120. 

Right  of  municipality  to  contract  with 
reference  to.      31   L.R.A.(N.S.)    121. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  work  in.  65 
L.R.A.  653. 

Establishment  of  dock  lines.  14  L.R.A. 
498. 

Right  to  establish  harbor  lines.  40  L.R.A. 
644. 


HARBOR  COMMISSIONERS. 

As  independent  contractors.    65  L.R.A.  474. 


622 


INDEX  TO  L.R.A.  NOTES. 


HARBORER. 

Who  is  harborer  of  dog.     17  L.R.A.(N.S.) 
4*1;  L.R.A.1917E,  520. 


HARBORING. 


Civil  action  for  harboring  child  who  has 
left  parent.    45  L.R.A.(N.S.)  871. 

Provision*  of  congressional  "white  slave 
trafiS*  act"  as  to  harboring  female. 
L.I,-.A.1915A,   869. 


HARD   LABOR. 


By  pef^^^  convicted  of  crime,  see  Criminal 
La^.  §  77. 


HARDSHIP. 

V*Md'tj   of  promise  to  remedy.     53  L.R.A. 


HARDWARE  DEALERS. 

T?lidity  of  restrictive  agreement  ancillary 
to  sale  of  business  of.  24  L.R.A.  (N.S.) 
929. 


HARMLESS  ERROR. 

See  Appeal  and  Ebbob,  §§  35-40. 

♦*» 

HARTER  ACT. 
See  Shipping,  §  20. 

♦^-^ • 


HARVESTING. 


As  work  of  necessity.     5  L.R.A. (N.S.)   32]. 
Injunction  to  prevent  interference  with  land 

during  haivesting  time.     L.R.A.1918B, 

413. 


HATCHET. 


Liability  of  master  for  injury  by  defect  in. 
L.R.A.1918D,  1141. 


HATCHW^AYS. 


HATCHWAYS— cont'd 

Violating    ordinance    as  to,  as  ground  for 

private  action.     5  L.R.A  (N.S.)   260. 
Duty  of  storekeeper  toward  customer  as  to 

condition    of.      21    L.R.A.  (N.S.)     457; 

L.R.A.1915F,  572. 
Municipal     liability     for     injury     by.     19 

L.R.A.(N.S.)     516;     20     L.R.A.  (N.S.) 

635. 


HAWIiERS. 


See  PiajDLEBS. 


HAY. 

Right    of    tenant    at    will    to.       41    L.R.A. 

(N.S.)  406.  , 
SuflSciency  of  designation  of  part  of  larger 

lot  sold.     26  L.R.A.(N.S.)    31. 


HAY  SCALES. 

Obstruction  of  street  by.    14  L.R.A.  558. 


HAZARD. 

What  is  within  statutes  abolishing  fellow 
servant  rule.  18  L.R.A. (N.S.)  478; 
22  L.R.A.(N.S.)   969. 


HAZARDOUS  ARTICLES. 

Prohibition  of  keeping  of,  on  insured  prem- 
ises, see  Insueance,  §  78a. 


HAZARDOUS  EMPLOYMENT. 

WTiat  constitutes,  within  meaning  of  Work- 
men's Compensation  Act.  L.R.A.1918F, 
230. 


HEADLIGHT  OIL. 


Keeping   of,   on   insured  premises.     L.R.A. 
1917C,  278. 


HEADLIGHTS. 


Master's  liability  for  vice  principal's  negli- 
gence in  exposing  servant  to  peril  from 
uncovered  hatchways.     54    L.R.A.    333. 

Begin  with  this  hoolc  on  every  law  question 


Necessity  of,  on  street  cars.     26  L.R.A.  300. 

Liabilitv  for  injuries  to  one  blinded  by 
lieadlight.  42  L.R.A.(N.S.)  876;  48 
L.R.A.(N.S.)    827. 

Liability  for  killing  or  injuring  livestock 
on  track,  because  of  lack  of  proper 
headlight.     39  L.R.A.  (N.S.)   271. 

Private  action  against  railroad  for  viola- 
tion of  statutory  duty  as  to.  L.R.A. 
3915E,   538. 


INDEX  TO  L.R.A.  NOTES. 


623 


HEADS  OF  DEPARTMENTS. 

Supervising  employees  as.     51  L.R.A.  577. 
♦-•-♦ 

HEADS  OP  FAMILIES. 

Within  provision  for  homestead  exemption, 
see  Homestead,  §§  3,  4. 

Wife    as,    where    husband    is    insane.     34 
L.R.A.  223. 


HEALERS. 


How  far  use  of  mails  by,  is  fraudulent.     70 

L.R.A.  989. 
Application  of  statutes  regulating  practice 

of   medicine   to.     3   L.R.A.  (N.S.)    763; 

24  L.K.A.(N.S.)    103;  25  L.R.A. (N.S.) 

1297;   L.R.A.1917C,  827. 


HEALTH. 

I.  In  general,   §§   1-4. 
II.  Boards  of  health,  §  5. 

III.  Protection  of  health,  §§  6-10. 

IV.  Nuisances  affecting,  §11. 

I.  In  general, 

%    1.  Generally. 

Of  live  stock,  see  Animals,  §  17. 
Constitutionality     of     statute     as     to,     see 

CONSTITUTIONAI,  LaW,   §   102. 

Of  insured,  see  Insurance,  §§  93-98. 

Claim  against  state  under  public  health 
laws.     42  L.R.A.  65. 

Benefit  to  public  health  as  a  condition  of 
power  to  exercise  eminent  domain  for 
drainage  of  private  lands.  49  L.R.A. 
783. 

Apprehension  of  injury  to  health  as  basis 
of  recovery  for  mental  anguish.  20 
L.R.A. (N.S.)    458. 

Liability  of  vendor  to  purchaser  on  account 
of  unsanitarv  condition  of  premises. 
34  L.R.A.  (N.S.)   1035. 

Effect  of  misrepresentation  or  suppression 
of  truth  as  to  health  of  life  tenant  on 
the  sale  of  remainder  interest.  17 
L.R.A.  (N.S.)   284. 

Change  of  doraicil  as  affected  by  removal 
for  benefit  of  health.  9  L.R.A. (N.S.) 
1159. 

Danger  to  health  from  confinement  as 
ground  for  removal  or  release  on  bail. 
31  L.R.A.  (N.S.)  916;  39  L.R.A.  (N.S.) 
770. 

Validity  of  policy  of  health  insurance  re- 
quiring notice  of  sickness  within  speci- 
fied time.     18  L.R.A. (N.S.)   106. 

Effect  of  expenditure  of  money  in  reliance 
upon  license  from  the  public,  to  pre- 
vent revocation  thereof  in  the  interest 
of  public  health.     9  L.R.A. (N.S.)    733. 

Consult  also  L.B.A.  Digests  of  Cases. 


HEALTH,  I.— cont'd 

Internal  hemorrhage  as  evidence  of  statu- 
tory wounding.     28    L.R.A. (N.S.)    965. 

Extent  of  trespasser's  liability  for  conse- 
quential injuries  to.     53  L.R.A.  631. 

Effect  of  previous  condition  of,  on  recovery 
from  one  negligently  causing  personal 
injury.     48  L.R.A. (N.S.)    119. 

Admissibility  of  evidence  as  to  health  of 
members  of  deceased's  familv  in  action 
for  his  death.     4!)  L.R.A.  (N.S.)   737. 

Admissibility  of  evidence  as  to  health  of 
deceased  to  show  pecuniary  loss  in  ac- 
tion for  his  death.  L.R.A.1918C,  1111, 
1127. 

§   2.  Sending  to  pest  house. 

Right  to  injunction  against.  23  L.R.A. 
(N.S.)  1188. 

§  3.  Duty  and  liability  of  carrier  as 
to. 

Carrier's  duty  to  give  information  as  to 
quarantine.     6  L.R.A.(N.S.)    1009. 

Carrier's  liability  to  passenger  on  account 
of  unsanitary  condition  of  car.  26 
L.R.A.  (N.S.)    263. 

Action  of  public  authorities  under  police 
power  as  defense  to  carrier  for  delay 
or  nondelivery  of  freight.  21  L.R.A. 
(N.S.)   731;  28  L.R.A.(N.S.)    139. 

§  4.  Municipal  liability  as  to. 

Municipal  liability  for  failure  to  enforce 
health  ordinance.  12  L.R.A.  (N.S.) 
038. 

Liability  of  municipal  corporation  for  death 
or  sickness  caused  by  sewage  or  drain- 
age.    22  L.R.A. (N.S.)    940. 

Liability  of  municipality  for  injuries  re- 
sulting from  use  of  dumping  ground. 
6  L.R.A.  (N.S.)   1013. 

Liability  for  throwing  garbage  on  surface. 
L.R.A.1915C,  747. 

Liability  of  municipal  corporation  for  de- 
stroying infected  house.  22  L.R.A. 
(N.S.)    1128. 

II.  Boards  of  health. 

§  5.  Generally. 

Right  of  woman  to  be  member  of  board  of. 

38  L.R.A.  211. 
Power  of  board  of  health  as  to  nuisances. 

36  L.R.A.  603. 
Contempt  by  board  of  health  in  disobeying 

injunction.     48  L.R.A.  708. 
Liability  for  damages  from  enforcement  of 

quarantine.     L.R.A.1918E,  437. 
Personal   liability   of   member   of   board   of 

health,   or   of   health  officer.     5  L.R.A. 

(N.S.)    635. 
Authority  of  legislature  to  make  punishable 

failure  to  comply  with  rule  of  health 

board.     6  L.R.A. (N.S.)    143. 

III.  Protection  of  health. 

§   6.  Generally. 

Power  of  municipality  as  to,  generally,  see 
Municipal  Cobpobations,  §  33. 

Use  of  public  funds  to  protect.  14  L.B.A. 
476. 


624 


INDEX  TO  L.R.A.  NOTES. 


HEALTH,  III.— cont'd 

Power  to  fill  lowlands  at  expense  of  owner. 
30  L.R.A.(N.S.)  709. 

§   7.  During  epidemics. 

Municipal   power   in   epidemics.     26   L.R.A. 

727. 

§   8.  Regulations  to  protect. 

Nuisanees  injurious  to  health  generally,  see 
Municipal  Cokpobations,  §§  39,  41; 
Nuisances. 

Consideration  of  extrinsic  evidence  to  show 
unconstitutionality  of  health  statute. 
L.R.A.1915D,  458.' 

Municipal  regulation  of  nuisances  relating  j 
to.     38  L.R.A.  311. 

Municipal  regulation  of  dealing  in  second- 
hand clothes.     32  L.R.A.  121. 

Power  of  state  or  health  authorities  to  for- 
bid the  use  of  a  polluted  water  supply. 
23  L.R.A.(N.S.)   766. 

Constitutionality  of  statutory  regulations 
as  to  safety  and  sanitary  conditions  of 
tenement,  lodging,  and  boarding 
houses.     17  L.R.A.(N.S.)  486. 

Constitutionality  of  laws  prohibiting  carry- 
ing on  of  employments  or  occupations 
upon  certain  premises.  44  L.R.A. 
{N.S.)  46. 

Authority  of  legislature  to  make  punishable 
failure  to  comply  with  rule  of  health 
board.     6  L.R.A.  (N.S.)    143. 

Power  of  health  authorities  to  require  alter- 
ation of  private  property  in  a  par- 
ticular manner  to  abate  conditions  en- 
dangering public  health.  24  L.R.A. 
(N.S.)    241. 

Power  to  regulate  location  or  condition  of 
bakeries.     26   L.R.A.(N.S.)    842. 

Power  of  municipal  corporation  to  grant 
exclusive  right  or  create  monopoly  for 
removing  substances  inimical  to  health. 
21  L.R.A.(N.S.)  830;  L.R.A.1915D,  209. 

State  legislation  for  protection  of  health  of 
live  stock  as  interference  with  inter- 
state commerce.     26  L.R.A. (N.S.)    279. 

Validity  and  construction  of  statutory 
regulations  as  to  infected  animals.  26 
L.R.A.  638;  43  L.R.A. (N.S.)  1066. 

Sanitary  regulations  as  to  stables.  45 
L.R.A.(N.S.)   575. 

Power  to  prohibit  or  restrict  use  of  tobacco. 

51  L.R.A.(N.S.)    562. 

Requiring  certificate  of  freedom  from  ve- 
nereal disease,  as  condition  to  marriage. 

52  L.R.A.(N.S.)  778. 

Validity  of  statutes  or  ordinances  for  exter- 
mination of  vermin.  L.R.A.1916A, 
1239. 

§   9.  —  quarantine   regulations. 

Duty  and  liability  of  carrier  as  to  quaran- 
tine, see  Carriers,  §  44. 

Aa  to  ships.     26  L.R.A.  484. 

As  to  land  communication.     26  L.R.A.  488. 

Responsibility  for  violation  of  quarantine 
by  children  or  others  under  one's  con- 
trol.    45  L.R.A. (N.S.)   580. 

Liability  for  damages  from  enforcement  of. 
L.R.A.1918E,  437. 


HEALTH,  III.— cont'd 
§    10.  — vaccination. 

Of  pupils,  see  Schools,  §  8. 

Right    to    compel    vaccination.     25    L.R.A. 

152;    26   L.R.A.   72«;    17   L.R.A. (N.S.) 

709. 
Power  of  municipality  to  incur  expense  of. 

26  L.R.A.  727. 
Liability   of   public   for    injuries   to   health 

from   compulsory   vaccination.      L.R.A. 

1916B,  918. 

IV.  Nuisances  affecting. 


11.  Generally. 

I  Nuisances     injurious     to,     see 
Corporations,  §§   39,  41; 


Prescriptive  right  to  maintain. 
893. 


Municipal 

Nuisances. 

53  L.R.A. 


<♦•♦ 


HEARING. 

Necessity  of,  to  constitute  due  process,  see 
Constitutional  Law,  §  187. 


HEARSAY   EVIDENCE. 


See  Evidence,  XI. 


HEART  DISEASE. 

Aa  element  of  damages  for  negligent  injury. 
48  L.R.A.(N.S.)   101. 


HEARTIiESS  STATEMENTS. 

Heartless  statement  by  person  causing  ac- 
cident made  some  time  thereafter  as 
res  gestae.     42  L.R.A.(N.S.)    926. 


Begin  with  this  hooTc  on  every  laxo  question. 


HEAT. 

§   1.  Generally. 

Power  of  municipality  as  to,  see  MuNiciPAt 
Corporations,  §  32. 

Duty  of  carrier  to  protect  live  stock  from 
injury  by.     39  L.R.A. (N.S.)    642. 

Provision  exempting  carrier  from  liability 
for  loss  by  heat  as  extending  to  loss 
caused  by  negligence.     6  B.  R.  C.  130. 

Master's  liability  for  vice  principal's  negli- 
gence in  exposing  servant  to  excessive 
heat.     54  L.R.A.  133. 

Assumption  by  servant  of  danger  of  heat 
prostration.     L.R.A.1915E,  613. 

Loss  of  insured  property  by  excessive  heat 
from  heating  apparatus  without  actual 
ignition.     25  L.R.A. (N.S.)    501, 

Taking  of  property  for  manufacture  of  heat 
by  electricity  as  a  public  purpose.  22 
L.R.A.(N.S.)    137. 


INDEX  TO  L.R.A.  NOTES. 


625 


HEAT— cont'd 

§  2.  Duty  and  liability  as  to  furnish- 
ing. 

Carrier's  duty  as  to  heating  cars,  see  Cab- 
BIEBS,  §  42. 

Loss  of  profits  as  element  of  damages  for 
cutting  off  supply  of,  from  premises. 
22  L.R.A.(N.S.)   588. 

Eviction  of  tenant  bv  failure  to  furnish 
heat.  37  L.R.A.(N.S.)  1217;  L.R.A. 
1916E,  742. 

Duty  and  liability  of  landlord  of  apart- 
ments as  to  heating.  37  L.R.A.  (N.S.) 
1213. 


HEATING    APPARATUS. 

As  part  of  realty.     1  B.  R.  C.  972. 

Loss  of  insured  property  by  excessive  heat 

from,     without     actual     ignition.       25 

L.R.A.(N.S.)   501. 


■♦•» 


HEATING  CARS. 

Duty  of  carrier  as  to,  see  Cabbiebs,  §  42. 

*-— 

HEATING  SERVICE. 

As  public  utility.     37  L.R.A.(N.-S.)   510. 
♦-•-♦ 

HEAT  OF  PASSION. 

Homicide  in,  see  Homicide,  §  32. 
♦-•-♦ 

HEAT  PROSTRATION. 

Recovery  under  Workmen's  Compensation 
Act  for  injury  caused  by.  L.R.A.1918F, 
937. 


HEIGHT. 

Restrictions     on     height    of    building,    see 
Buildings,  §  3. 


HEIRIiOOMS. 


Sentimental  value  as  measure  of  damages 
for  loss  or  conversion  of  or  injury  to. 
L.R.A.1917D,  503. 


HEIRS. 

§    1.  Generally. 

Heirs  of  partner  as  parties  defendant,  see 
Pabties,  §  30. 

Beneficiaries  and  parties  plaintiff  to  action 
for  death  under  statute  providing  for 
action  for  benefit  of  heirs.  L.R.A. 
191GE,  118. 


Consult  also  L.R.A.  Digests  of  Cases.    40 


HEIRS— cont'd 

Injunction  against  execution  sales  to  pro- 
tect.    30  L.R.A.  123. 

Insane  delusion  as  to  misconduct  of.  37 
L.R.A.   275. 

Effect  on  marketability  of  title  of  failure  to 
make  heirs  of  deceased  owner  parties 
to  court  proceeding.  38  L.R.A.  (N.S.) 
22. 

Effect  of  statute  making  husband  an  heir 
of  wife  on  rule  that  marriage  alone 
without  birth  of  issue  will  not  revoke 
a     woman's     will.       34     L.R.A,(N.S.) 

:02i. 

Devolution    from    heir   of   vendee's    interest 

under  contract  for   purchase    of    land. 

42  L.R.A. (N.S.)    450. 
Interest   covered   by   insurance  in   name   of 

heirs  of  a  decedent.     42  L.R.A.(N.S.) 

82. 

§   2.  Who  are. 

Does  widow  come  within  the  term  "heirs." 
L.R.A.1918A,  1108. 

Meaning  of  term  "natural  heirs."  45 
L.R.A.(N.S.)   11 63. 

Extrinsic  evidence  to  identify  person  in- 
tended by  testator  using  term.  47 
L.R.A. (N.S.)    533. 

Recital  in  deed  as  evidence  of  heirship.  45 
L.R.A.(N.S.)   93. 

When  construed  to  mean  "children."  1 
L.R.A.(N.S.)   319. 

Within  meaning  of  insurance  policy.  30 
L.R.A.  593. 

Who  are  legal  heirs  to  whom  insurance  is 
payable.     3  L.R.A. (N.S.)    904. 

Who  are  "nearest  male  heirs"  within  mean- 
ing of  devise.    7  B.  R.  C.  982. 

§  3.  Time  of  determining. 

Are  "heirs"  who  take  under  the  possibility 
of  reverter  determined  as  of  the  time 
of  the  ancestor's  death,  or  as  of  the 
time  of  the  termination  of  the  fee.  18 
L.R.A.(N.S.)    624. 

§   4.  Rights  and  powers  of. 

Choice  of  remedy  of  pretermitted  heirs,  see 
Election  of  Remedies,  §  6. 

Expectancy  of  prospective  heir,  see  Ex- 
pectancy. 

Right  of  heirs  of  deceased  partner  in 
partnership  real  estate,  see  Pabtneb- 
SHip,  §  22. 

Rights  of  under  rule  in  Shelley's  Case,  see 
Deeds,  §  30;  Wills,  §  82. 

Rights  of,  in  estate  of  ancestor,  see  Descent 

AND   DiSTBIBUTION,    §§    2-8;    EXECUTORS 
AND    AdMINISTBATOBS  ;    WlLLS. 

Rights  of,  in  homestead,  see  Homestead,  §§ 
17-20. 

Ornamental  articles  as  fixtures  as  between 
legatees,  devisees,  heirs,  personal  rep- 
resentatives, and  life  tenants.  6  B.  R. 
C.  162. 

Right  of,  to  gift  failing  for  remoteness.  20 
L.R.A.  517. 

Necessity  of  ancestor's  having  been  in  pos- 
session to  give  heirs  benefit  of  his  color 
of  title.     42  L.R.A.(N.S.)  403. 


626 


INDEX  TO  L.R.A.  NOTES. 


HEIRS— cont'd 

Right  of  heirs  of  deceased  partner  in  part- 
nership real  estate.       27  L.R.A.  348. 

Right  to  rents  of  intestate's  property.  40 
L.R.A.  343. 

Right  to  have  judgment  against  decedent 
set  aside.     54  L.R.A.  761. 

Binding  effect  of  settlement  by  sole  heir  or 
distributee  of  claim  belonging  to  es- 
tate, upon  administrator.  11  L.R.A. 
(N.S.)   148. 

Right  of  heirs  of  donor  to  enforce  proper 
administration  of  charitable  trust.  3 
L.R.A.(N.S.)  227. 

Right  of  heirs  to  make  or  control  election 
for  or  against  a  will  or  between  dif- 
ferent provisions  of  a  will  or  statute. 
11  L.R.A.(N.S.)    382. 

Right  of  heirs  to  protection  of  recording 
acts  as  against  acts  or  conveyances  of 
ancestor.     43  L.R.A.  (N.S.)    1144. 

Right  of  heirs  of  divorced  person  to  attack 
divorce  decree.    L.R.A.1917B,  499. 

Right  of  heir  to  testify  in  favor  of  the  es- 
tate.    L.R.A.1918C,  918. 

Right  of  heirs  to  contest  will.  L.R.A.1918A, 
452. 

Right  of  heirs  apparent  of  testator's  heir 
to  contest  will.     L.R.A.1918A,  456. 

§  5.  —i  effect  on,  of  fraud  against;  or 
promise  to,  ancestor. 

Gift  by  will  as  affected  by  lieir's  promise  to 
testator.     20   L.R.A.   466. 

Impressing  share  of  heir  with  constructive 
trust  because  of  his  fraud  in  frustrat- 
ing decedent's  intention  to  give  the 
property  to  a  third  person.  8  L.R.A. 
(N.S.)  698;  31  L.R.A.(N.S.)  176. 

§   6.  Rights  of  third  persons  as  against. 

Liability  of  heirs  for  debts  of  ancestor,  see 
Descent  and  Distribution,  §§  12,  13. 

Child's  right  in  parents'  homestead  as 
against  heirs.     56  L.R.A.  65. 

Rights  of  wife  under  conveyance  from  hus- 
band as  against  latter's  heirs.  69 
L.R.A.  377. 

Right  of  dower  as  against  heirs  in  land 
subject  to  purchase  money  mortgage  or 
vendor's  lien.  52  L.R.A.(N.S.)  547, 
557. 

Ornamental  articles  as  fixtures  as  between 
legatees,  devisees,  heirs,  personal  rep- 
resentatives, and  life  tenants.  6  B.  R. 
C.  162. 

§   7.  Remedies  of  or  against. 

Equity  jurisdiction  of  suit  by  or  against, 
see  Equity,  §  17. 

Remedv  of  pretermitted  heirs.  37  L.R.A. 
(N.S.)    1143. 

Injunction  by,  to  prevent  interment  or  re- 
strain interference  witli  interment  of 
ancestor's  remains,  3  L.R.A. (N.S.)   487. 

Remedies  against  heir  of  devisee  for  en- 
forcement of  legacy  charged  on  the  de- 
vise.    30  L.R.A. (N.S.)    818. 

Validity  and  effect  of  judgment  against 
heirs  designated  as  unknown.  L.R.A. 
1918F,  609. 

Begin  with  this  took,  on  every  law  question. 


HEIRS— cont'd 

Right  of  lieir  to  avoid  sale  of  decedent's 
property  to  executor  or  administrator. 
L.R.A.1918B,  30. 

§    8.  Liabilities   of. 

Liabilities  of,  to  creditors  of  ancestor,  see 
Descent  and  Distribution,  §§  ]2,  13. 

Liability  of  interest  of  prospective  heirs  to 
attachment  or  garnishment,  see  Ex- 
pectancy, §  4. 

Assessment    on    decedent's    estate    against. 

56  L.R.A.  645. 
Indebtedness  of,  to  estate  as  counterclaim 

or  set-off  against  distributive  share  in 

proceeds     of     real     estate.     4    L.R.A. 

(N.S.)   189. 

§  9.  Necessity  and  effect  of  using  word 
in  will  or  conveyance. 

Under  rule,  in  Shelley's  Case,  see  Deeds,  § 

30;  Wills,  §  82. 
Necessity   of  use  of   word  "heirs"   to  pass 

fee  to  trustee,  see  Trusts,  §  3. 
Persons  who  take  under  devise  to  heirs,  see 

Wills,  §  69. 

Eflfect  of  provision  in  bequest  of  personalty 
that  upon  first  taker's  death  the  prop- 
erty shall  go  to  his  "heirs"  to  create  an 
absolute  title  in  him.  4  L.R.A.  (N.S.) 
470. 


HELPLESS   PERSON. 

Carrier's  duty  toward  helpless  passengers, 
see  Carriers,  generally,  §§  39,  40. 

Care  due  towards,  see  Negligence,  §  12. 

On  railroad  tracks,  injury  to,  see  Rail- 
roads, §  55. 

Duty  of  street  railway  company  towards, 
see  Street  Railways,  §  16. 


HEMORRHAGE. 


Internal  hemorrhage  as  evidence  of  statu- 
tory  wounding.     28  L.R.A. (N.S.)    965. 


HEPBURN  ACT. 


Implied  contract  for  through  shipment 
under.     31   L.R.A.  (N.S.)    28. 

EflFect  of,  on  limitation  of  initial  carrier's 
undertaking  to  its  own  line.  31  L.R.A. 
(N.S.)    52. 

As  affecting  validity  of  stipulation  limit- 
ing carrier's  liability  to  agreed  valu- 
ation.    28  L.R.A. (N.S.)    293. 


HERBAGE. 


Right  of  railroad  company  to  herbage  on 
right  of  way.    45  L.R.A.  (N.S.)  798. 


INDEX  TO  L.R.A.  NOTES. 


627 


HERBAliIST. 

Application  to,  of  statute  regulating  prac- 
tice of  medicine.     L.R.A.1917C,  829. 


HERDS. 

Validity  of  regulations  as  to  herds  of  cat- 
tle of  persons  selling  milk.  L.R.A. 
1917C,  253. 


HERNIA. 

Recovery  for,  under  workmen's  compensa- 
tion act.  L.R.A.1916A,  303;  L.R.A. 
1917D,  108;  L.R.A.1918F,  873. 

Hernia  as  breach  of  condition  or  warranty 
in  insurance  contract  as  to  health  or 
bodily  condition.    L.R.A.1917B,  747. 


HERO. 

Voluntarily  incurring  danger    to    save    an- 
other's life.     27  L.R.A.(N.S.)    1069. 


HEROIN. 

Furnishing    or    prescribing    by    physician. 
L.R.A.1918E,  669. 


HIDES. 

Municipal    power    over,    as    nuisance.     38 
L.R.A.  654. 


HIEROGLYPHICS. 


Use  of,  in  books  of  account  as  affecting 
tlieir  admissibility  in  evidence.  62 
L.R.A.  573. 


HIGH  SEAS. 


Transfer  of  ships  on,  by  bankruptcy  or  in- 
solvency proceedings.     23  L.R.A.  46. 

Does  transportation  over,  to  points  in  same 
state  by  route  part  of  which  is  in  an- 
other state  constitute  interstate  com- 
merce.    28  L.R.A.  (N.S.)    988. 


HIGH- WATER  MARK. 

Title  to  land  below,  see  Watebs,  §  16. 

♦*-♦ 

HIGHWAY  CONTRACTORS. 

Liability  of,   for   injuries  to  travelers,   see 

Highways,  §  92. 
Consult  also  L.JR.A.  Digests  of  Cusen, 


HIGHWAY  DISTRICTS. 

See  Highways,  §  2. 


HIGHWAY  OFFICERS. 

Liability  for  injury  by  defect  in  highway, 
see  Highways,  §  87. 


HIGHWAYS. 


7.  In  general,  §  1. 

II.  Highway  districts;  what  are  high- 

ways, §§  2,  3. 

III.  Establishment;  width,   §§   4-8a. 

IV.  Title;   control;   use;   ohstimction; 

encroachment,  §§  9-4:6. 

a.  In  general,  §  9. 

b.  Title     and     pro-perty     rights 

generally,  §10. 

c.  Rights  and  title  of  abutting 

owner,  §§  11-14. 

d.  Uses;  tvhat  allowed  in  street 

generally,    §§    13-25. 

1.  In  general,  §§  15,  16. 

2.  Use  by  public  generally, 

§§    17-20. 
8.  Use     by    public    service 
corporations   generally, 
street     franchises,     §  § 
21-25. 

e.  Use  and  obstruction  by  rail- 

roads, §§  26-32. 

f.  Obstructions    generally;    en- 

croachments,  §§  33-39. 

g.  Nuisances,  §§  40,  41. 

h.  Rights  as  to  trees  and  ma- 
terial in  street,  §§  42-44. 

i.  Rights  and  regulations  os  to 
vehicles,  §§  45,  46. 
V.  Improvement;  repairs;  grading; 
change  of  grade;  ligJiting; 
removal  of  snow  and  ice, 
§§  47-56. 

a.  In  general,  §§  47-49. 

b.  Grading  street,  §§  50,  51. 

c.  Change  of  grade,  §§  52,  53. 

d.  Lighting      of      streets      and 

bridges,  §§  54,  55. 

e.  Removal  of  snow,  ice,  weeds, 

etc.,  56. 
VI.  Liability  for  injuries  to  travelers, 
§§  56a-107. 

a.  In  general,  §§  56a,  56b. 

b.  Liability  of  municipality,  §§ 

57-77. 

1.  In  general,  §§  57,  58. 

2.  Who   entitled   to   protec- 

tion, §§  59,  59a. 

3.  For   acts  anid   omissions 

of  others,  §§  60-64. 

4.  Defects      and      obstruc- 

tions, §§  65-7 5a. 
6.  For   permitting    or   fail- 
ure to  prevent  improper 
use,  §§  76,  77. 

c.  Liability  of  county,   §    78. 

d.  Liability  of  township,  §  79, 


628 


INDEX  TXD  L.R.A.  NOTES. 


HIGHWAYS,  VI.— cont'd 

e.  Liability  of  abutting  owners 
or  occupants,  §§  80-84:. 

/.  Liability  of  landlord,  §§  85- 
86a. 

g.  Liability  of  highway  offlcera, 
§  87. 

h.  Liability  of  railroads,  §  88. 

i.  Liability  of  street  railways, 
§§   89-91. 

j.  Liability  of  contractors,  § 
92. 

Tc.  Liability  for  acts  of  inde- 
pendent contractors,  §  93. 

I.  Joint  liability  of  municipal- 
ity and  others;  liability 
over,  §§  94,  95. 

m.  Contributory  negligence,  §§ 
96-101. 

n.  Notice,    §§    102-107. 

1.  Of  defects,  §§  102-105. 

2.  Of     injuries,     §§     106, 

107. 
Til.  Municipal  liability  for  injuries  to 
property     through     defects     in 
street,  §  108. 
VIII.  Discontinuance;  vacation;   aban- 
donment;   reversion,    §§    109- 
113. 
IX.  Highway  officers,  §  114. 


I.  In  general. 

§   1.  Generally.  > 

Access  to,  see  Access,  §  1. 

As  .  boundaries  of  property  conveyed,  see 
Boundaries,  §  5. 

As  to  bridges,  see  Bridges. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  103. 

Private  ways  or  easements,  see  Easements  ; 
Private  Roads. 

Private  roads,  see  Private  Roads. 

Fences  along,  see  Fences,  §  4. 

Injunction  as  to,  see  Injunction,  §  64. 

Power  of  municipality  with  respect  to 
generally,  see  Municipal  Corporations, 
§  27. 

Parties  plaintiff  in  actions  affecting,  see 
Parties,  §  4. 

Over  public  land,  see  Public  Lands,  §  8. 

Crossing  of  highway  by  railroad,  see  Rail- 
roads, §  31. 

Right  to  take  tolls  on  road  within  a  city. 
16  L.R.A.  651. 

Damages  for  breach  of  contract  as  to. 
53  L.R.A.  33. 

Public  highway  across  land  at  time  of  con- 
veyance as  breach  of  covenant.  30 
L.R.A.(N.S.)  833;  48  L.R.A.(N.S.)  619. 

On    shore,      4   L.R.A.  (N.S.)     872. 

Effect  of  street  along  shore  on  right  to 
erect  wharves.     40  L.R.A.  646. 

Liability  for  injury  to,  by  removal  of  later- 
al support.     68  L.R.A.  707. 

Interference  by,  with  wharf  rights  in  navi- 
gable waters.     34  L.R.A. (N.S.)    431. 

Duty  to  maintain  bridge  over  race  way  in- 
tersecting highway.  31  L.R.A.{N.S.) 
243. 

Begin  with,  this  hooTe  on  every  law  question 


HIGHWAYS,  I.— cont'd 

Right  of  government  to  divert  water  from 
nontidal  stream  for  highway  purposes 
without  compensation  to  riparian  own- 
er.    37   L.R.A. (N.S.)    311. 

Condemnation  of,  for  school  purposes.  48 
L.R.A. (N.S.)    489. 

Duty  as  to  highway  crossed  by  ditch  con- 
structed by  drainage  district.  43 
L.R.A.(N.S.)    695. 

Estoppel  of  municipality  to  open  or  use 
streets.     46  L.R.A.  (N.S.)    1211. 

Is  ordinance  requiring  covering  of  side- 
walk where  building  is  in  process  of 
construction  for  benefit  of  servants. 
45  L.R.A.  (N.S.)   550. 

Tax  or  assessment  for  public  improvement 
on.     44  L.R.A.(N.S.)   836. 

Use  for  highway  purposes  of  squares,  parks, 
or  commons  as  a  diversion.  50  L.R.A. 
(N.S.)    465. 

Street  cleaning  as  a  governmental  function. 
L.R.A.1915C,  741. 

Construction  of  highway  as  an  "internal  im- 
provement" within  the  meaning  of  a 
constitutional  prohibition  against  state 
engaging  in  or  aiding  internal  improve- 
ments.   L.R.A.1917C,  1038. 

II.  Highway  districts;  whap  are  high- 
ways. 

§  2.  Highway  districts. 

Right  to  withdraw  names  from  petition  for 
consolidation  of  highway  district.     35 

L.R.A.(N.S.)    1113. 

§   3.  What  are  highways. 

Floatable  streams  as.  41  L.R.A.  376. 
Navigable  stream  as.  70  L.Rjl.  272. 
Use  of  canals  as  highways.    61  L.R.A.  850. 

III.  Establishment;  width. 

§   4.  Elstablishinent    generally. 

Amount  of  damages  allowed  on  laying  out 
highway,  see  Damages,  §§  91,  92. 

Dedication  for  highway,  see  Dedication. 

Dedication  by  bounding  land  on  highway, 
see  Dedication,  §  6. 

Condemnation  of  land  for,  see  Eminent 
Domain,  §§  13,  14. 

Liability  of  county  for  injuries  to  real  prop- 
erty from  construction  of  road.  39 
L.R.A.  68. 

Right  to  withdraw  name  from  petition  for. 
11  L.R.A.(N.S.)    372. 

Right  to  extend  highway  into  navigable 
water.     15  L.R.A. (N.S.)    1170. 

Fraud  in  proceedings  for  opening  or  ex- 
tending highway  as  defense  to  proceed- 
ings to  acquire  property  for  that  pur- 
pose.   7  L.R.A.(N.S.)  639. 

Establishment  of  highways  over  public  lands 
subsequent  to  entry  thereon  by  one  who 
has  not  perfected  his  title.  24  L.R.A. 
(N.S.)    764. 

Extinguishment  of  easement  for  private  way 
by  its  incorporation  into  a  public  way. 
21  L.R.A.(N.S.)    1002. 


INDEX  TO  L.R.A.  NOTES. 


629 


HIGHWAYS,  III.— cont'd 

Use  of  squares,  parks  or  commons  for  high- 
ways as  a  diversion.  25  L.R.A.  (N.S.) 
981;  50  L.R.A.(N.S.)   465. 

Injunction  or  ejectment  as  proper  remedy- 
where  public  highway  is  illegally  opened 
over  private  property.  25  L.R.A. 
(N.S.)    511. 

Establishment  of  road  as  essential  to  lia- 
bilitv  of  townships  for  defects  therein. 
13   L.R.A.(X.S.)    1222. 

Necessity  and  sufficiency  of  acceptance  of 
grant  of  right  of  way  over  public  land 
for  public  highway.    L.R.A.1917A,  855. 

§   5.  Acquiring  by  prescription. 

Adverse  possession  of  highway,  see  Advebse 
Possession,  §  12. 

Public  easement  acquired  by  prescription. 
11  L.R.A.  55. 

Establishment  of  highway  by  prescription 
as  affected  by  the  means  of  conveyance 
or  transportation  employed.  L.R.A. 
1918E,  402. 

§   6.  Acceptance. 

Effect  of  mere  use  of  highway  over  public 
domain  as  acceptance  of  grant  or  right 
of   way.     9   L.R.A.(N.S.)    1223. 

Refusal  by  public  to  accept  platted  street  or 
highway  as  affecting  private  easements 
of  abutting  owners.    L.R.A.1917A,  1123. 

§   7.  Laying  out  across  railroad. 

See  Railboads,  §  31. 

§   8.  Width. 

Delegation  by  city  council  of  power  to  de- 
termine width.     20  L.R.A.  653. 

Rights  acquired  as  against  public  by  en- 
closure and  adverse  possession  of  part 
of  width  of  highway.     18  L.R.A.  149. 

Duty  of  municipality  as  to  width  of  rural 
highway  within  city  or  village  limits. 
29   L.R.A.(N.S.)    825. 

§  8a.  — narrowing  streets. 

Right  of  abutting  owner  to  compensa- 
tion on  narrowing  of  street.  36  L.R,A. 
(N.3.)    1119. 

IV.  Title;    control;    use;    obstruction; 
encroachment. 

a.  In  general. 

§  9.  Generally. 

Lighting  of,  see  infra,   §§   53,  54. 
Choice    of    remedies    as    to    rights    in,    see 
Election  of  Remedies,  §  10. 

Power  of  municipality  to  limit  its  control 
or  authority  over  street  or  other  public 
ground  as  an  incident  of  its  acquisition 
of  title  or  right  therein.  9  L.R.A. 
(N.S.)    1045. 

Injunction  against  interference  with  view 
from.     5  L.R.A. (N.S.)    486. 

b.  Title  and  property  rights  generally. 

§    10.  Generally. 

Of  abutting  owner,  see  infra,  IV.  c. 
Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  IV.  b— cont'd 

Ejectment  for  lands  subject  to  easement  of 

highway.     18  L.R.A.  787. 
Ejectment  for  easement  in  street.    11  L.R.A. 

(N.S.-)   129. 
Taxes   on   easements  of   corporation   in,   as 

real   estate.      1    L.R.A. (N.S.)    263. 


c.  Rights  and  title  of  abutting  otvner. 

§    11.  Generally. 

Rights  and  liabilities  of  railroad  in  highway 
as  against  abutting  owner,  see  infra, 
§  27. 

Rights  as  to  trees  and  material,  see  infra, 
42-44. 

Liability  to  abutting  owner  for  damage  from 
grading  street,  see  infra,  §  51. 

Liability  to  abutting  owner  for  damage 
from  change  of  grade,  see  infra,  §  53. 

Boundary  on  highway,  see  Boundaries,  § 
5. 

Creation  of  easement  in  highway  by  con- 
veyance with  reference  to  street,  see 
Easements,  §  11.  , 

Easements  of  light  and  air,  see  Ease- 
ments, §§  13,  19-21. 

Right  to  minerals  under,  see  infra,  §  44. 

In  case  of  street  railways,  see  Street  Rail- 
ways, §  4. 

Injunction  as  proper  remedy  to  protect  right 
of  ingress  and  egress  from  street  to 
abutting  property.  35  L.R.A. (N.S.) 
193. 

Right  of  abutting  owner  to  change  exj^t- 
ing  conditions  in  surface  of  street  by 
highway.     16  L.R.A.(N.S.)    1038. 

Obstructions  in  highway,  preventing  access 
to  property  except  by  a  circuitous 
route,  as  a  special  injury  entitling 
owner  to  maintain  action  for  damaijes, 
or  to  abate  the  nuisance.  8  L.R.A. 
(N.S.)  227;  21  L.R.A. (N.S.)  75;  L.R.A. 
1917A,  1155. 

Liability  of  county  for  injuries  caused  by 
construction  or  maintenance  of  a  bridge 
to  property  thereto  adjoining.  21 
L.R.A.(N.S.)    209. 

Liability  of  a  municipality  for  temporary 
interference  with  access  to  piopertv  in 
making  improvements.  46  L.R.A. 
(N.S.)   620. 

Right  of  action  of  occupant  of  premises 
abutting  on  highway  for  interference 
with  the  public's  view  of  goods  or 
advertising  displayed  "thereon.  6  B. 
R.  C.  493. 


§    12.  Water  rights. 

Effect  of  street  on  shore  on  title  to  accre- 
tions  to   shore   lands.     58   L.R.A.   208. 

Does  public  easement  in  street  terminating 
at  shore  line  follow  recession  of  shore 
line.     22   L.R.A. (N.S.)    593. 

Effect  of  construction  by  abutting  owner  of 
wharf  on  the  street.  16  L.R.A.(N,S.) 
506. 

Effect  of  deed  to  carry  title  to  water's  edge, 
where  a  street  or  highway  intervenes. 
13  L.R.A.(N.S.)    651. 


630 


INDEX  TO  L.R.A.  NOTES. 


HIGHWAYS,  IV.  c— cont'd 

Is  one  a  riparian  or  littoral  owner  whose 
property  abuts  on  a  highway  one  line 
of  which  is  coterminous  with  the  shore 
line  of  navigable  water.  22  L.R.A. 
(N.S.)    674. 

§  13.  Uses  permitted  to  abutting  own- 
ers. 

As  to  awnings;  signs,  etc.,  see  infra,  §  19a. 
Right  to  obstruct  for  business  and  building 
purposes,  see  infra,  §  34. 

In  general.    49  L.R.A. (N.S.)  844. 

Municipal  liability  for  injury  to  traveler 
by  uses  permitted  to  abutting  own- 
er.     19    L.R.A.(N.S.)    509. 

Right  to  lay  pipe  or  make  other  under- 
ground use  of  highway.  13  L.R.A. 
(N.S.)    905;   52  L.R.A.(N.S.)    1038. 

Right  to  use  highway  for  ditch.  34  L.R.A. 
(N.S.)    506. 

Right  to'  continue  enjoyment  of  passway 
across  highway.     12  L.R.A. (N.S.)   918. 

Right  to  join  land  to  street  by  driveway 
or   walk.     30  L.R.A.(N.S.)    1074. 

Power  of  inunicipality  to  permit  abutting 
owners  to  extend  structures  into  street. 
28  L.R.A.(N.S.)    375. 

Encroachment  on  public  street  or  alley  by 
occupier  of  abutting  property  for  stor- 
age or  similar  purposes  as  basis  of  ad- 
verse possession  or  estoppel.  36  L.R.A. 
(N.S.)    1056. 

§   14.  —vaults;  areaways,  etc. 

Municipal   liability   for  injury   due   to,   see 
.  infra,   §§  62,  69. 

For  areaways,  hatchways,  coal  holes,  etc.   19 

L.R.A.(N.S.)     516. 
Power  of  municipality   to  require   removal 

of  vaults    in   street.     32   L.R.A, (N.S.) 

1034;  L.R.A.1915F,  1009. 
Power    of    municipal    corporation   to    exact 

fee   or   rental   for   vaults   or   areaways 

in  street.     31  L.R.A. (N.S.)   868. 

d.  Uses;   what  allowed   in  street   gen- 
erally. 

1.  In  general, 

%   15.  Generally. 

Use  by  abutting  owner,  see  supra,  §§  13, 
14. 

Municipal  liability  for  injury  to  traveler 
by  permitting  or  failing  to  prevent  im- 
proper use,  see  infra,  §§  76,  77. 

Use  for  drains  and  sewers,  see  Dbains  and 
Sewers,  §  4. 

Use  of  street  for  hack  stands,  see  Hacks.  § 
2.  '  ^ 

License  for  use  of  streets  generally,  see 
License,  §  44. 

Use  for  market,  see  Markets,  §  3. 

Liability  for  injuries  in  consequence  of 
fright  of  animals  not  on  highway  be- 
cause of  an  improper  use  of  hiehwav. 
L.R.A.1918D,  571. 

Incorporation  of  territory  into  municipality 
as  affecting  prior  rights  as  to  use  of 
highway.     47  L.R.A. (N.S.)   607. 

Begin  with  this  hook,  on  every  law  question. 


HIGHWAYS,  IV.  d,  1— cont'd 
Power  to  permit  tunnel  or  passageway  un- 
der street  for  private  purposes.    L.R.A. 

19]5F,  937. 
Power  of  municipality  to  authorize  use  of, 

for  private  drain.     16  L.R.A.  715. 
Right  of   county,   municipality   or   town   to 

collect   tolls   for   use   of   highway.      42 

L.R.A.(N.S.)    836. 
Violating  ordinance  as  to  use  of,  as  ground 

of  private  action.     5  L.R.A.  (JN.S.)   257. 
Power    of   municipality   to    punish    use   of, 

which   is    also   an   offense   under    state 

law.     17  L.R.A.(N.S.)    53. 

§   16.  For  business  or  advertising  pur- 
poses. 

Obstruction  for,   see  infra,   §  34. 

Location  of  gasolene  stations  in  highway. 

L.R.A.1917F,  1005. 
Power  of  municipal  corporation  to  grant  or 
lease  space  on   street   or   sidewalk 
for   business   purposes.     25   L.R.A. 
(N.S.)    400. 
Grant  of  right  to  use  streets  or  other  pub- 
lic places  for  advertising  purposes.     9 
L.R.A.(N.S.)   455. 
Power  of  city  as  to  regulation  of  signs  and 
billboards   in   street.     21   L.R.A.(N.S.) 
735;  L.R.A.1917A,  1222. 

2.  Use  by  public  generally. 


§    17.  Generally. 

Regulation  of  automobiles  in,  see  Automo- 
biles, §  la. 
Use  of  jitney  busses  on,  see  Jitney  Busses. 

State  or  municipal  regulations  affecting 
those  engaged  in  handling  United  States 
mails.     L.R.A.1918C,  940. 

Validity  of  statute  or  ordinance  for  direc- 
tion of  street  traffic  by  police  officers. 
L.R.A.1918F,  1113. 

Homicide  resulting  from  negligent  use  of 
highway.     61  L.R.A.  279. 

Forbidding  or  restricting  teaming  on  cer- 
tain public  ways.  51  L.R.A.  (N.S.) 
1203. 

Ordinances  as  to  street  parades.  19  L.R.A. 
858;  39  L.R.A.  672;  25  L.R.A. (N.S.) 
251. 

Delegation  of  power  to  regulate  parades.  20 
L.R.A.  721. 

Market  regulations  as  to  sales  on.  24 
L.R.A.  584. 

Privilege  of  using  street  as  a  contract.  50 
L.R.A.  142;  L.R.A.1918E,  892. 

Right  of  public  to  use  or  divert  water  in 
highway.    41  L.R.A.  (N.S.)   1066. 


§    18.  Prohibition   against   loitering   or 

assembling  in. 
Power  of  municipality  to  prevent  gathering 

or  assembling  of  persons  in   street   or 

on  sidewalk.     52  L.R.A.  (N.S.)   999. 
Right  of  municipal  corporation  to  prevent 

loitering   in   streets.      15   L.R.A.(N.S.) 

973. 


INDEX  TO  L.R.A.  NOTES. 


631 


HIGHWAYS,  IV.  d,  2— cont'd 
§    19.  Use  by  bicyclist. 

Right   of   bicyclists   to   use,   generally.      47 

L.R.A.  289. 
Validity   of   enactments   restricting  use   of, 

by   bicyclist.     47   L.R.A.   290. 

§  19a.  Overhanging  objects;  awnings; 
signs;  billboards. 

Municipal  liability  for  injury  to  traveler 
by,  see  infra,  §  68. 

Right  to  maintain  awnings  in  streets.  26 
L.R.A.  340. 

Power  of  municipal  corporation  to  compel 
removal  of  awnings  or  signs  encroach- 
ing on  streets.  20  L.R.A.  (N.S.)  146; 
L.R.A.1916C,  564. 

Signboards  as  a  nuisance  in  street;  munic- 
ipal control  over.     39  L.R.A.  661. 

Municipal  power  as  to  regulation  of  signs 
and  billboards.  21  L.R.A. (N.S.) 
735.  j 

For  esthetic  purposes.    34  L.R.A.  (N.S.)  i 
998;   L.R.A.1917A,  1220. 

Signs    and    other    objects    overhanging   and  j 
liable   to  fall.      19   L.R.A. (N.S.)    517. 

Power  to  make  erection  of  signs  conditional 
upon  consent  of  neighbors.  8  L.R.A. 
(N.S.)     978. 

Special  damage  from  awning  or  structure 
overhanging  street,  which  M'ill  sustain 
action  by  private  person  to  abate  or 
enjoin  it  as  a  nuisance.  48  L.R.A. 
(N.S.)    173. 

§   2  0.  As  to  hitching  of  horses. 

Negligence  in  leaving  horse  unhitched,  see 
Negligence,  §  27. 


Power  of  municipality  to  regulate  hitching 
of,   in   streets.     11   L.R.A. (N.S.)    1080. 

3.  Use    by   public  service    corporations 
generally;  street  franchises. 

§   21.  Generally. 

Measure  of  damages  to  abutting  owner  for 
additional  burdens  in  highway,  see 
Damages,  §§  89,  90. 

What  constitutes  a  taking  of  an  interest 
in  highway,  see  Eminent  Domain,  §  44. 

What  constitutes  an  additional  burden  or 
servitude  in  highway,  see  Eminent 
Domain,  §§  55-57. 

Aa  to  street  railways,  see  Street  Rail- 
ways, §§  3-6. 

Right  to  exact  additional  comrpensation 
when  extending  street  franchise  to  cov- 
er additional  purposes.  L.R.A.1915E, 
165. 

Privilege  of  using  street  as  a  contract  with- 
in provision  against  impairing  obliga- 
tion. 50  L.R.A.  142;  L.R.A.1918E, 
892. 

Power  of  municipality  in  absence  of  express 
legislative  authority  to  grant  street 
franchises.     22   L.R.A. (N.S.)    925. 

Validity  of  contract  making  public  service 
corporation's  liability  to  municipality 
dependent  upon  the  continuance  of  its 
franchise  without  competition.  21 
L.R.A. (N.S.)  214. 

Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  IV.  d,  3— cont'd 

Right  of  owner  of  franchise  for  public  ben- 
efit  which  is  not  exclusive  to  injunc- 
tion against  its  invasion  without  right. 
29  L.R.A.(N.S.)    77. 

Proper  remedy  to  make  franchise  available, 
as  against  municipality.  6  L.R.A. 
(N.S.)    782. 

Municipal  declaration  of  forfeiture  of  street 
franchise  or  privilege  for  breach  of 
conditions,  as  a  judicial  determination. 
4  L.R.A.  (N.S.)    321. 

Liability  of  municipality  in  damages  for 
repeal  or  interference  with  enjoyment 
of  street  franchise.  36  L.R.A. f N.S.) 
861. 

Duty  and  right  of  municipality  to  reimburse 
public  service  corporation  for  expenses 
entailed  by  improvements  in  street.  6 
L.R.A.  (N.S.)    1026. 

Franchise  to  occupy,  as  affecting  liability  of 
user  of  electricity  for  interference  with 
the  business  or  injury  to  the  property 
of  another  resulting  from  induction  or 
from  use  of  earth  as  a  return  electric 
circuit.    2  B.  R.  C.  130. 

Location  of  street  franchise  for  purposes  of 
taxation.     5  L.R.A. (N.S.)    174. 

Does  taxation  of  business  or  occupation  of 
public  service  corporation  and  taxation 
of  its  franchise  or  right  to  occupy  the 
streets  amount  to  double  taxation.  28 
L.R.A.  (N.S.)   221. 

Who  may  question  validity  of  street  fran- 
chise granted  by  municipality.  22 
L.R.A. (N.S.)   939. 

§   22.  Gas  pipes  in  street. 

Incorporation  of  territory  into  municipality 
as  affecting  pri6r  rights  to  lay  gas 
pipes  in.     47  L.R.A.(N.S.)    608. 

As  a  nuisance.     39  L.R.A.  680. 

Gas  pipe  line  in  highway  or  street  as  an 
additional  burden.  17  L.R.A.  480;  7 
L.R.A. (N.S.)   506. 

Privilege  of  laying,  as  a  contract  within  pro- 
vision against  impairing  obligation.  50 
L.R.A.  146;  L.R.A.1918E,  908. 

Permitting  abutting  owner  to  make  gas  c<Jn- 
nections  in  street.  19  L.R.A. (N.S.) 
512. 

Power  of  municipality,  in  absence  of  ex- 
press legislative  authority,  to  grant 
franchise  to  use  street  for  gas  lighting. 
22  L.R.A.(N.S.)   933,  937. 

Power  of  municipality  to  fix  gas  rates  as 
an  incident  of  its  power  to  authorize 
the  laying  of  gas  mains.  18  L.R.A. 
(N.S.)   1197. 

Injury  to  gas  pipes  by  change  of  street 
grade.     19  L.R.A.  510. 

Right  to  prevent  use  of  highways  for  pipe 
line  for  exporting  natural  gas.  35 
L.R.A.(N.S.)    1195. 

Right  to  transfer  or  mortgage  privilege  to 
use  streets  for.     L.R.A.1917D,  707. 

§   23.  Water  pipes. 

Right  to  lay  water  pipes  in.     61  L.R.A.  76. 

Right  to  lay  pipes  in  streets  as  element  of 
compensation  to  water  company  upon 
taking  its  plant.    47  L.R.A.(N.S.)  784. 


632 


INDEX  TO  L.R.A.  NOTES. 


HIGHWAYS,  IV.  d,  3— cont'd 

Incorporation  of  territory  into  municipality 
as  affecting  prior  rights  to  lay  water 
pipes  in.     47   L.R.A.(N.S.)    608. 

Water  pipes  in  street  as  an  additional  bur- 
den on  easement.     17  L.R.A.  480. 

Power  of  municipality  in  absence  of  ex- 
press legislative  authority  to  grant 
franchise  to  lay  water  mains  in  street. 
22  L.R.A.(N.S.)   933,  938. 

Privilege  of  laying  water  mains  in  street 
as  a  contract  within  provision  against 
impairing  contract  obligations.  50 
L.R.A.  145;  L.R.A.1918E,  905. 

Injury  to,  by  change  of  grade  in  highway. 
19  L.R.A.  510. 

Lien  on  pumping  or  power  plant  for  pipes, 
wires  or  tracks  laid  in  street.  42 
L.R.A.(N.S.)    355. 

Right  to  transfer  or  mortgage  privilege  to 
use  streets  for.     L.R.A.1917D,  707. 


§  24.  Electric  poles  and  wires;  tele- 
graphs and  telephones. 

Injury  to  trees  in  erecting,  see  infra,  §  42. 
As  additional  burden,  see  Eminent  Domain, 
§  56. 

Incorporation  of  territory  into  municipality 
as  affecting  prior  rights  to  maintain 
poles  and  wires  in.  47  L.R.A.  (N.S.) 
608. 

Privilege  of  using  street  for,  as  a  contract. 
50  L.R.A.  146;  L.R.A.1918E,  907. 

Police  regulation  as  to  use  of,  by  electric 
companies.    31  L.R.A.  799. 

Liability  for  injuries  by  electric  wires  in 
highway.     31  L.R.A,  566. 

Municipal  regulation  of  poles  and  wires  as 
nuisances  in  street.     39  L.R.A.  619. 

Injunction  against  poles  and  wires  as  pub- 
lic nuisance.    44  L.R.A.  577. 

Power  of  municipality  in  absence  of  express 
legislative  authority  to  grant  fran- 
chise to  use  street  for  electric  lighting. 
22  L.R.A. (N.S.)   933,  937. 

Pwwer  of  municipality  in  absence  of  express 
legislative  authority  to  grant  franchise 
to  use  street  for  telephone  line.  22 
L.R.A. (N.S.)  934,  939. 

Municipal  liability  for  injury  by  telegraph 
or  telephone  pole  in  street.  20  L.R.A. 
(N.S.)   607. 

Right  to  transfer  or  mortgage  privilege  to 
use  street  for  telegraph,  telephone,  or 
other  quasi-public  purposes.  47  L.R.A. 
87;  L.R.A.1917D,  707. 

Right  to  require  telegraph  or  telephone 
wires  to  be  placed  underground.  31 
L.R.A.   806;    14  L.R.A. (N.S.)    654. 

Delay  in  applying  for  injunction  against 
maintaining  telegraph  or  telephone  line 
in.     8  L.R.A. (N.S.)   1091. 

Imposing  license  fee  on  telegraph  or  tele- 
phone company  for  use  of.  1  L.R.A. 
(N.S.)   581. 

Right  to  interfere  with  wires  of  public  serv- 
ice corporation  in  moving  building 
along  street.  14  L.R.A. (N.S.)  448; 
L.R.A.1917C,  774. 

Begin  with  this  hooTe  on  every  law  question. 


HIGHWAYS,  IV.  d,  3— cont'd 

Lien  on  power  plant  for  pipes,  wires,  or 
tracks  laid  in  street.  42  L.R.A. (N.S.) 
355. 

Right  to  place  overhead  wires  in  highway 
without  grant  or  permission  from  pub- 
lic authority.     43  L.R.A. (N.S.)    1033. 

Duty  to  change  location  of  poles  in  street 
or  highway.    L.R.A.1917D,  663. 

§25.  Electric  conduits. 

Right  to  place  electric  conduits  under 
streets  under  general  charter  authority 
to  enter  upon  the  same.  9  L.R.A. 
(N.S.)   404. 

e.  Use  and  obstruction  hy  railroad. 

§2  6.  Generally. 

Laying  out  highway  across  railroad,'  see 
supra,  §  7. 

Duty  as  to  repairs,  see  infra,  §  48. 

Municipal  liability  for  injury  due  to  rail- 
road, see  infra,  §  63. 

Liability  for  injury  due  to  defects  at  cross- 
ings, see  infra,  §  88. 

Railroad  as  additional  burden,  see  Eminent 
Domain,  §  57. 

Injunction  against,  see  Injunction,  §  67. 

Liability  of  right  of  way  for  local  assess- 
ments, see  Public  Improvements,  §  21. 

As  to  street  railways,  see  Street  Railways, 
§§  3-6. 

Duty  of  railroad  company  in  respect  to  a 
restored  or  substituted  highway.  L.R.A. 
1917C,  971. 

Incorporation  of  territory  into  municipality 
as  affecting  prior  rights  as  to  use  of, 
by  railroads  and  street  railways.  47 
L.R.A.  (N.S.)    608. 

Lawfulness  of  the  use  of  steam  traction  en- 
gine on.     16  L.R.A.  148. 

Privilege  of  using  street  for  railroad  as  con- 
tract within  provision  against  impair- 
ing obligation.  50  L.R.A.  143;  L.R.A. 
1918E,  904. 

Power  of  municipality  in  absence  of  express 
legislative  authority  to  grant  street 
franchise  for  railroad.  22  L.R.A. (N.S.) 
925,  927,  935. 

Power  of  municipality  to  assume  part  or 
all  of  burden  of  adapting  street  or 
bridges  for  use  of  railroads  or  street 
railways.    50  L.R.A. (N.S.)   143. 

Injury  to  tracks  by  change  of  street  grade, 
19  L.R.A.  510. 

Municipal  control  over  public  nuisances  up- 
on public  streets  and  highways  created 
by  railroads  and  other  electrical  com- 
panies.    39  L.R.A.  609. 

Effect  of  acquiescence  or  consent  by  a  town 
or  municipality  to  construction  or  use 
of  railroad  in  street  or  highway,  to 
estop  it  from  objecting  thereto.  7 
L.R.A.  (N.S.)  1187. 

Right  of  municipal  corporation  to  resist  by 
force  unauthorized  use  of  street  by 
railroad  company.  15  L.R.A.  (N.S.) 
1269. 

Power  of  municipality  to  prevent  laying  an 
additional  track  under  a  franchise  orig- 
inally granting  the  right  to  lay  double 
tracks.     36  L.R.A. (N.S.)   850. 


INDEX  TO  L.R.A.  NOTES. 


633 


HIGHWAYS,  IV.  e— cont'd 

Power  of  municipality  to  compel  removal  of 
spur  track,  turnout,  or  switch  from 
street  or   highway.     L.R.A.1918B,  481. 

Injunction  against  railroad  in  street.  23 
L.R.A.  303. 

Right  to  transfer  or  mortgage  privilege  to 
use  street  for  quasi-public  purpose.  47 
L.R.A.  87;  L.R.A.1917D,  707. 

Effect  of  city's  permitting  use  of  street  by 
railroad  in  such  way  as  practically  to 
exclude  public  to  cause  a  reversion  of 
the  street  to  dedicators  or  abutting 
owners.     11  L.R.A.  (N.S.)   589. 

Nature  of  railroad  company's  rights  in  pub- 
lic streets  for  purpose  of  taxation.  66 
L.R.A.  55. 

Criminal  or  penal  responsibility  for  block- 
ing  crossing.      L.R.A.1915B,   329. 

§  2  7.  Rights  and  liabilities  as  against 
abutting  owner. 

Measure  of  damages  to  abutting  owner  from 
railroad   in  street,  see  Damages,  §  90. 

Right  to  compensation  for  construction  of 
railway  in  street,  see  EMINE^'T  Do^ 
MAIN,  §  50. 

Injury   to   abutter's    easement   bv    railroad 
in  street.     14  L.R.A.  381. 
Easements  of  light,  air,  and  access  by 
grading  street  to  cross.     14  L.R.A. 
372. 

Liability  of  successor  of  railroad  company 
for  damages  of  abutting  property  from 
construction  of  road  in  street.  16 
L.R.A.  (N.S.)   874;  L.R.A.1915D,  397. 

Does  release  of  damages  for  construction  of 
railroad  in  highway  include  damages 
from  elevation  of  grade.  10  L.R.A. 
(N.S.)    1202. 

Remedy  of  abutting  owner  as  affected  by 
his  consent  to  the  construction  of  rail- 
road or  street  railway  in  street  or 
highway.  7  L.R.A.  (N.S.)  991;  23 
L.R.A. (N.S.)   433. 

Preventive  remedy  of  nonconsenting  abut- 
ting property  owner  where  use  of  high- 
way for  street  railway  is  authorized  by 
public.     28  L.R.A. (N.S.)   1082. 

§  2  8.  Use  for  storing  cars  or  making 
up  trains. 

Parking  cars  or  making  up  trains  within 
city  limits.    29  L.R.A. (N.S.)   643. 

Effect  of  legislative  authority  on  liability 
for  use  of  street  as  railroad  yard.  1 
L.R.A.(N.S.)    78. 

§  29.  Imposing  conditions  generally 
on  allowing  use. 

Municipal  power  to  impose  conditions  when 

giving    consent    to    railway    in    street. 

36  L.R.A.  33. 
Power  to  compel  railroad  company  to  light 

tracks    in    city.      41    L.R.A.    422;     19 

L.R.A. (N.S.)   658. 

§   30.  Requirements  at  crossings. 

Rights  and  duties  of  railroad  company  as 
to  crossings  generally,  see  Railroads, 
§§  31-33,  58-70. 

Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  IV.  e— cont'd 

Power  of  municipal  corporation  to  require 
safety  gates  at  railroad  crossing.  3 
L.R.A.(N.S.)  141;  45  L.R.A. (N.S.)  946. 

Power  of  municipal  corporation  to  regulate 
speed  of,  and  signals  from,  trains  at 
highway  crossings.  17  L.R.A.  (N.S.) 
561. 

Power  of  municipal  corporation  to  require 
railroad  company  to  keep  highway  in 
repair  at  overliead  or  underground 
crossing.     18  L.R.A. (N.S.)   915. 

§  31.  —power  of  municipality  to  com- 
pel change  of  grade  of  railroad  in 
street. 

Requiring  abolishment  of  grade  crossings, 
see  Railroads,  §  32. 

Generally.    70  L:R.A.  850. 

The  need  of  legislative  authority.  70  L.R.A. 
850. 

Municipal  police  power  over  railroads  in 
public  streets.     70  L.R.A.   851. 

Continuity  of  power  and  obligation  re- 
specting street  grades.     70  L.ll.A.  852. 

General  limitations  on  municipal  action. 
70  L.R.A.  853. 

Effect  of  provisions  in  the  franchise  grant. 
70  L.R.A.  854. 

Effect  of  franchises  given  by  the  state.  70 
L.R.A.   855. 

Remedies  in  the  courts.     70  L.R.A.  855. 

§   32.  Obstruction  of  crossing  by  train. 

Injury  to  person  attempting  to  cross  train 
obstructing  crossing,  see  Railroads, 
§§  62,  82. 

Obstruction  of  street  by  railroad.  14  L.R.A. 
558. 

Liability  of  a  railroad  company  for  ob- 
structing a  highway  crossing.  18 
L.R.A.  154. 

Act  of  third  person  as  excuse  to  railroad  for 
blocking  street  crossing.  23  L.R.A. 
(N.S.)    350. 

Duty  and  liability  of  railroad  company 
toward  one  going  on  its  property  to 
pass  around  train  blocking  crossing. 
5,  L.R.A. (N.S.)    775. 

Criminal  or  penal  responsibility  for  block- 
ing street  or  highway  railroad  cross- 
ing.    L.R.A.1915B,  329. 

Obstruction  of,  by  railroad  train  in  viola- 
tion of  statute  or  ordinance  as  ground 
for  private  action.  5  L.R.A. (N.S.) 
244;  47  L.R.A. (N.S.)   821. 

Damages  recoverable  for  delaying  person 
by  blocking  railroad  crossing.  44 
L.R.A.(N.S.)    1069;    L.R.A.1915E,    336. 

/.  Obstructions,  generally;  encroach- 
ments. 

§33.  Generally. 

By  railroads,  see  supra,  IV.  e. 

Municipal  liability  for  injury  by,  see  infra, 
§§  65-75. 

Municipal  liability  for  permitting  obstruc- 
tions, see  infra,  §  77. 

Mandatory  injunction  for  removal  of  ob- 
structions to.    20  L.R.A.  162. 


634 


INDEX  TO  L.R.A.  NOTES. 


HIGHWAYS,  IV.  f— cont'd 

Liability  of  municipal  corporation  for  ob- 
struction.     1    L.R.A.(N.S.)     127. 

Liability  of  municipality  for  temporary 
interference  with  access  to  property  in 
making  improvements.  46  L.R.A. 
(N.S.)   620. 

Loss  of  profits  as  element  of  damages  for 
ol>struction  of  highways.  5?  L.R.A. 
47;   13  L.R.A.(N.S.)    253. 

Abandonment  of  highway  by  permitting  ob- 
structions in.    26  L.R.A.  465. 

Cruel  and  unusual  punishment  for  obstruct- 
ing.    35  L.R.A.  573. 

Obstruction  of  street  in  violation  of  police 
ordinance  as  ground  for  private  action. 
5  L.R.A.(N.S.)    257. 

Temporary  obstruction  of  street  as  a  "tak- 
ing" or  a  "damaging."  L.R.A.1918E, 
993. 

Duty  and  liability  of  one  who  maintains 
temporary  obstruction  in  street  for  pur- 
pose of  loading  or  unloading  vehicle. 
24  L.R.A.(N.S.)    97. 

Obstruction  in  highway  preventing  access 
to  property  except  by  circuitous  route 
as  a  special  injury  entitling  owner  to 
maintain  action  for  damages  or  abate 
the  nuisance.  8  L.R.A. (N.S.)  227:  21 
L.R.A.(N.S.)   75;  L.R.A.1917A,  1155. 

Does  the  fact  that  one  is  prevented  by  an 
unlawful  obstruction  from  using  a  high- 
way cause  him  a  special  damage  which 
will  sustain  an  action  by  him  against 
the  wrongdoer.  28  L.R.A.(N.S.)  1053; 
L.R.A.19i5D,  14:^. 

Employer's  duty  not  to  impede  public  use 
of  highway  by  independent  contractors. 
66  L.R.A.  148. 

Obstruction  or  defect  in  highway  as  justi- 
fication for  entry  on  adjoining  land 
which  would  otherwise  be  a  trespass, 
20  L.R.A.(N.S.)   153. 

EflFect  of  encroachment.    26  L.R.A.  465. 

§  34.  For  business  and  building  pur- 
poses. 

Use  for,  see  supra,  §  16. 

In  general.     14  L.R.A.  556. 

Use  for  loading  and  unloading  goods.     14 

L.R.A.  557;  24  L.R.A. (N.S.)   97. 
For    hack    stand    or    storing    wagons.      14 

L.R.A.   557. 
•  For    fair    or   market    purposes.     14   L.R.A. 

558. 
Rights   of   railroad   companies.     14  L.R.A. 

558. 
Convenient  uses  generally.     14  L.R.A.  558. 
Private  ways.    14  L.R.A.  559. 
Burden  of  proof:  question  of  law  and  fact. 

14  L.R.A.  559. 
Obstruction   of   sidewalks.      14   L.R.A.   559. 
Right  of  abutting  owner  to  place  building 

materials    in    street.      14    L.R.A.    560; 

19  L.R.A.  643. 
Municipal   liability   for  injury  by  building 

material    in    street.      20    L.R.A. (N.S.) 

655. 
Right  of   abutting  property   owner  to   ex- 
tend steps  into  street.   "24  L.R.A. (N.S.) 

193. 
Begin  with  this  hook,  on  every  law  question 


HIGHWAYS,  IV.  f— cont'd 
§35.  Polling  booths. 

Right  of  municipal  corporation  to  place 
polling  booth  in  street.  4  L.R.A.  (N.S.) 
571. 

§  3  6.  Hitching  posts  and  stepping 
blocks. 

Hitching  posts  or  stepping  blocks  in  public 
streets  as  unlawful  obstructions.  31 
L.R.A.(N.S.)    853. 

Municipal  liability  for  injury  by  hitching 
post  in  street.    20  L.R.A. (N.S,)  607. 

§   37.  Bridges. 

Right  of  municipality  without  express  pow- 
er to  permit  construction  of  an  over- 
head bridge  across  a  public  street  for 
private  purpose.     23  L.R.A. (N.S.)   158. 

Liability  of  county  for  injury  caused  by 
maintenance  or  construction  of  bridge 
to  property  thereto  adjoining.  21 
L.R.A. (N.S.)   209. 

§   3  8.  Fences. 

Injunction  against  maintenance  of  fence  in. 
7  L.R.A. (N.S.)   72. 

Injunction  against  interference  with  fences 
under  claim  of  highway.  7  L.R.A. 
(N.S.)   58. 

§   39.  Prescriptive  right  to  maintain. 

Prescriptive  right  to  obstruct.  53  L.R.A. 
897. 

g.  Nuisances. 

§   40.  Generally. 

Power  of  municipality  as  to  nuisances  af- 
fecting highways,  see  Municipal  Cob- 

POBATIONS,  §  36. 

Prescriptive  right  to  maintain.  53  L.R.A. 
897. 

Injunction  against  use  of  street  constituting 
nuisance.     23  L.R.A.  303. 

Injunction  by  municipality  against  nui- 
sances.    42  L.R.A.  814. 

Right  to  compensation  for  property  de- 
stroyed in  abating  a  nuisance  on  high- 
way.    19  L.R.A.  196. 

Presumption  as  to  statutory  authority  to 
commit,  by  alterations  in  highway.  70 
L.R.A.  584. 

Municipal  liability  for  nuisance  caused  by 
change  of  highway  grade.  1  L.R.A. 
(N.S.)    129. 

Obstructions  preventing  access  to  property 
except  by  circuitous  route,  as  special 
injury  entitling  owner  to  maintain  ac- 
tion to  abate  the  nuisance.  8  L.R.A. 
•  (N.S.)  227;  21  L.R.A.  (N.S.)  75;  L.R.A. 
1917A,  1155. 

State  as  proper  party  to  maintain  bill  to 
enjoin  a  public  nuisance  in  a  city 
street.     19  L.R.A. (N.S.)    1173. 

Special  damage  from  awning  or  structure 
overhanging  street  which  will  sustain 
action  by  private  person  to  abate  or 
enjoy  it  as  a  nuisance.  48  L.R.A. 
(N.S.  )]73. 

Regulation  of  jitney  busses  as.  L.R.A. 
1915F,  840. 

Power  to  prohibit  use  of  automobile  upon 
public  thoroughfare  as.  L.R.A.1915E, 
264. 


INDEX  TO  L.R.A.  NOTES. 


635 


HIGHWAYS,  IV.  g— cont'd 

Liability  of  abutting  owner  for  nuisance 
created  by  a  predecessor  in  title  upon 
the  highway  or  adjoining  property.  7 
B.  R.  C.  581. 

§   41.  What  are  nuisances. 

Trees  on,  as  a  nuisance  subject  to  municipal 

control.     39  L.R.A.  670. 
Auction  in  street.     20  L.R.A.  (N.S.)    972. 
Hitching  posts  or  stepping  blocks  in  public 

streets  as.     31  L.R.A. (N.S.)    853. 
Parking  cars  or  making  up   trains  within 

city  limits  as.     29  L.R.A. (N.S.)   643. 
Fireworks  in  street  as.     16  L.R.A.  395;   16 

L.R.A.(N.S.)    621. 

h.  Rights  as  to  trees  and  material  in 
street. 

§   42.  Trees. 

Ownership  and  control  of  trees  in.  15 
L.R.A.  553. 

Right  of  abutting  owner  to  remove  trees  in 
highway.     L.R.A.1917F,  389. 

Right  of  municipal  corporation  to  cut  or 
trim  trees  within  limits  of  highway. 
20  L.R.A. (N.S.)  809;  31  L.R.A. (N.S.) 
951. 

Authority  of  municipal  officers  to  cut  or 
trim  tree  on  private  property  to  facili- 
tate use  of  street.  20  L.R.A. (N.S.) 
814. 

Liability  to  abutting  owner  for  mutilating 
trees  in  highway  by  erecting  poles  or 
stringing  wires.    12  L.R.A.  (N.S.)  1125; 

30  L.R.A.(N.S.)   1084;  51  L.R.A.(N.S.) 
1082. 

Trees  on  street  as  a  nuisance  subject  to 
municipal  control.     39  L.R.A.  670. 

Municipal  liability  for  injury  by  trees  in 
street.  20  L.R.A.  (N.S.)  607,  649;  39 
L.R.A.(N.S.)   405. 

Liability  of  abutting  owner  for  injuries  due 
to  trees   in   street.     L.R.A.1918F,   817. 

Liability  of  street  railway  company  operat- 
ing in  street  for  injury  to  employee 
by  tree  maintained  bv  third  person  near 
tracks.    16  L.R.A. (N.S.)  978. 

§   43.  Vegetation. 

Right   to  vegetation   growing    in   highway. 
33L.R.A.(N.S.)  1053. 

§   44.  Soil;   minerals. 

Right  of  municipality  to  take  soil  or  miner- 
al from,  to  injury  of  fee.  12  L.R.A. 
(N.S.)    1164. 

Right  to  mineral  under  the  surface  of  street 
or  highway  the  fee  of  which  is  vested 
in  the  public.     8  L.R.A. (N.S.)   422. 

i.  Rights  and  regulations  as  to  vehicles. 

§  45.  Generally. 

Regulations  as  to  automobiles,  see  Automo- 
biles. 
As  to  jitney  busses,  see  Jitney  Busses. 
License  for  vehicles,  see  License,  §  43. 

Power  of  municipality  over  interurban  vehi- 
cles used  for  hire.    L.R.A.1918B,  891. 

Validity  of  statutes  or  ordinances  regulat- 
ing horse-drawn  vehicles  in  city  streets. 

31  L.R.A. (N.S.)  682. 

Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  IV.  i— cont'd 

Regulation    of   dravmen.      45   L.R.A. (N.S.) 

]152. 
Validity  of  ordinance  giving  superior  rights 

in    public    streets    to  certain  vehicles. 

43  L.R.A. (N.S.)   600. 

§  4  6.  Regulation  Of  speed. 

Regulation  of  speed  of  vehicles  on  streets. 
36  L.R.A.  305. 

V.  Improvement;  repairs;  grading; 
change  of  grade;  lighting;  removal 
of  snoiv,  ice,  weeds,  etc. 

a.  In  general. 

§   4  7.  Generally. 

Widening  street,  see  supra,  §  8. 

Narrowing  streets,   see  supra,  §   8a. 

Rights  as  to  trees  in  improvement  of  street, 
see  supra,   §  42. 

Liability  for  personal  injury  while  improv- 
ing or  repairing  street  or  highway,  see 
infra,  VI. 

Improvement  of  highways  generally,  see 
Public  Improvements. 

Contracts  for  improvements,  see  Public 
Improvements,  §§  7-9. 

Assessments  for  improvements,  see  Public 
Improvements,  IV. 

Liability  for  cost  of  sprinkling  and  sweep- 
ing, see  Public  Improvements,  §  15. 

Improvement  of  highway  as  an  "internal 
improvement"  within  the  meaning  of 
a  constitutional  prohibition  against  the 
state  engaging  in  or  aiding  internal  im- 
provements.   L.R.A.1917C,  1038. 

Duty  of  municipality  as  to  drainage  of  sur- 
face waters  on  highways.  65  L.R.A. 
259. 

Presumption  as  to  statutory  authority  to 
commit  nuisance  by  alterations  in  high- 
way.    70  L.R.A.  584. 

Prescriptive  rights  to  maintain  sidewalks. 
53  L.R.A.  903. 

Exercise  of  police  power  for  esthetic  pur- 
poses. 34  L,R.A.(N.S.)  998;  L.R.A. 
1917A,  1220. 

Persons  undertaking  work  on  highway  as 
independent  contractors.  17  L.R.A. 
(N.S.)    374. 

Compulsory  use  of  private  property  in  road 
work.  42  L.R.A.(N.S.)  1045;  L.B..A- 
1918D,  974. 

Liability  of  municipality  for  temporarily 
interfering  with  access  to  property  in 
making  improvements.  46  L.R.A. 
(N.S.)   620. 

Duty  to  set  apart  portion  of  street  or  high- 
way for  a  sidewalk.    L.R.A.19iaB,  1051. 

Right  of  owner  to  material  employed  in  an 
improvement  made  by  him  in  the  street 
which  the  municipality  has  refused  to 
accept.    L.R.A.1915B,  187. 

§  4  7a.  Liability  for  Injuries  to  prop- 
erty in   making. 

Municipal  liability  for  injury  to  property 
rights  through  defective  plan  of 
streets  construction.  67  L.R.A. 
257. 


636 


INDEX  TO  L.R.A.  IsOTES. 


HIGHWAYS,  V.  a— cont'd 

Municipal  liability  for  injury  to  lateral  sup- 
port in  making  improvement.  12 
L.R.A.(N.S.)    696. 

§  48.  Duty  of  railroad  company  as  to 
repairs. 

Liability  of  railroad  r.ight  of  way  for  im- 
provements, see  Public  Improvements, 
§  21. 

Power  of  municipal  corporation  to  require 
railroad  company  to  keep  highway  in 
repair  at  overhead  or  underground 
crossing.     18  L.R.A.(N.S.)   915. 

Duty  of  railroad  company  in  respect  to  a 
restored  or  substituted  highway.  L.R.A. 
1917C,  971. 

§   49.  Lateral  support. 

Rights  and  duty  as  to,  see  Lateral  Sup- 
port, §  4. 

6.  Grading  street. 

§   50.  Generally. 

Grading  street  formerly  used  as  a  country 
highway  as  initial  establishment  of 
grade  within  rule  as  to  municipal  lia- 
bility for  changing  grade.  51  L.R.A. 
(N.S.)   363. 

Liability  of  municipal  corporation  for  dam- 
ming back  surface  water  by  grading  of 
streets.  65  L.R.A.  250;  29  L.R.A. 
(N.S.)    126. 

Municipal  liability  for  damming  up  water 
course  in  grading  street.  59  L.R.A. 
854. 

§   51.  Liiabllity  to  abutting  owner. 

Municipal  liability  for  injury  to  abutting 
property  from  bringing  street  to  grade 
first  established.  23  L.R.A.  658;  7 
L.R.A.(N.S.)  108;  36  L.R.A.  (N.S.) 
1201;  L.R.A.1915A,  383. 

c.  Change  of  grade. 

%   52.  Generally. 

As  affecting  railway  tracks,  gas  and  water 

pipes,  etc.     19  L.R.A.  510. 
Cost  of,  to  avoid  railroad  crossing  at  grade. 

26   L.R.A.   92. 
Duty   of   railroad   to   conform   crossing  to 

change  of  grade  of  street.    L.R.A.1915B, 

760. 
Power  of  municipality  to  compel  change  of 

grade  of  railway  in  street.     70  L.R.A. 

850. 
Duty   of   municipality   to   care   for   surface 

water  on  raising  grade.     65  L.R.A.  253. 
Liability     of     municipal     corporation     for 

nuisance  caused  by  change  of  highway 

grade.     1  L.R.A.  (N.S.)   129. 

§   53.  Liability  to  abutting  owner. 

Grading  street  formerly  used  as  a  country 
highway  as  initial  establishment  of 
grade  within  rule  as  to  municipal  lia- 
bility for  changing  grade.  51  L.R.A. 
(N.S.)    363. 

Right  of  abutting  owner  to  damages  for. 
3  L.R.A.  247;*  14  L.R.A.  371. 

Begin  with  this  hoole  on  every  law  qtiestion. 


HIGHWAYS,  V.  c— cont'd 

Injury  to  abutter's  easements  of  light,  air, 
and  access  by  changing  grade.  14 
L.R.A.   370,   383. 

Right  of  abutting  owner  to  damages  for 
special  injuries  from  changing  street 
grade  where  street  railway  is  not  con- 
sidered an  additional  burden.  25 
L.R.A.(N.S.)    1266. 

Liability  of  a  municipal  corporation  for 
injury  to  abutting  property  from 
changing  the  grade  of  a  street  un- 
der a  constitutional  provision 
against  "damaging"  private  prop- 
erty for  public  use  without  com- 
pensation. 36  L.R.A. (N.S.)  1194; 
L.R.A.1915A,  382. 

Right  of  abutting  owner  to  damages  where 
railroad  changes  grade  of  street.  36 
L.R.A. (N.S.)   796. 

Liability  of  railrqad  company  to  abutting 
owner  for  damages  from  change  of 
grade  of,  necessary  to  carrv  it  across 
tracks.  26  L.R.A. (N.S.)  226;  L.R.A 
1916D,  1078. 

Riglit  to  interest  on  damages  from  change 
of  grade.     28  L.R.A.  (N.S.)    66. 

Duty  of  property  owner  to  minimize  dam- 
ages from  change  of  grade.  44  L.R.A. 
(N.S.)  301. 

Right  of  tenant  for  years  to  recover  from  a 
municipality  for  change  of  grade  in 
street.    48  L.R.A.  (N.S.)  899. 

Measure  of  damages  to  leasehold  from 
change  of  grade.     L.R.A.1917C,  428. 

d.  Lighting  of  streets  and  bridges. 

§   54.  Generally. 

As  warning  in  case  of  obstruction  or  exca- 
vation in  street  or  highway,  see  infra, 
§  73. 

Street  lighting  as  a  local  improvement  as- 
sessable against  property  benefited. 
L.R.A.1917A,  1098. 

Power  of  board  to  make  contract  for  street 
lighting  extending  beyond  its  own  term. 
29   L.R.A. (N.S.)    653. 

Duty  of  municipality  to  light  streets.  13 
L.R.A.(N.S.)  li66;  20  L.R.A. (N.S.) 
686;  L.R.A.1915A,  325. 

Duty  to  light  highway  bridge.  28  L.R.A. 
(N.S.)    946. 

§   55.  By  railroad  company. 

Duty  of  railroad  to  light  space  below  ele- 
vated tracks.     36  L.R.A. (N.S.)   1081. 

Power  to  compel  railroad  companies  to  light 
their  tracks  in  cities.  41  L.R.A.  422; 
19   L.R.A.(N.S.)    658. 


e.  Removal  of  snoiv,  ice,  weeds,  etc. 

§   56.  Generally. 

Liability  for  injury  due  to,  see  infra,  §§  71, 
84,   86,   91. 

Right  to  compel  abutting  owner  or  occu- 
pant to  remove  ice  and  snow  from  side- 
walks. 24  L.R.A.  413;  51  L.R.A.  (N.S.) 
274;  L.R.A.1918D,  1019. 


INDEX  TO  L.R.A.  NOTES. 


637 


HIGHWAYS,  V.  e— cont'd 

Duty  to  remove  snow  or  ice  from  cross 
walks.     39   L.R.A.(N.S.)    1167. 

Right  to  impose  on  abutting  owner  the 
duty  or  expense  of  removing  weeds, 
in  the  street  or  highway.  51 
L.R.A.(N.S.)    274. 

VI.  Liability  for  injuries  to  travelers. 

a.  In  general. 

§   56a.  Generally. 

Liability  for  injury  by  animals  on,  see 
Animals,  §  10. 

Duty  and  liability  of  person  operating  auto- 
mobile in  street,  see  Automobiles,  §  2. 

Liability  for  injury  by  electric  wire,  see 
Electricity,  III.  a. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence towards  person  injured  on,  see 
Evidence,  §  76. 

Evidence  as  to  negligence,  see  Evidence, 
§  267. 

Liability  for  explosion  in  street,  see  Explo- 
sions AND  Explosives,  §  4. 

Liability  for  frightening  horse,  see  Hobses, 
§§   7-14. 

Attractive  nuisance  in  highway,  see  Negli- 
gence, §§  23,  23a. 

Personal  injuries  on  highways  not  due  to 
defects  or  obstructions  therein,  see  Neg- 
ligence, §§  24-27. 

Proximate  cause  of  injury  on  highway,  see 
Proximate  Cause,  §  13. 

Injury  at  railroad  crossing,  see  Railroads, 
§§  58-70. 

Injury  on  street  car  tracks,  see  Street 
Railways,  IV. 

Question  for  jury  as  to,  see  Trial,  §  42, 

I'iability  for  turning  steam  or  other  danger- 
ous vapors  or  gases  into  sewer.  15 
L.R.A.(N.S.)   957. 

Doctrine  of  attractive  nuisances  as  applied 
to  attractions  in  highway.  19  L.R.A. 
(N.S.)    1154. 

Violation  of  police  ordinance  as  to  excava- 
tion in  or  near  street  as  ground  for 
private  action.     5  L.R.A. (N.S.)   259. 

For  injury  caused  by  placing  or  exploding 
bombs,  etc.,  in  highways.  3  L.R.A.  (N. 
S.)   759. 

§   56b.  Injury  qn  private  road. 

Injuries  due  to  other  causes  than  defects  in, 
see  Negligence,  §  28. 

Liability  for  condition  of,  or  injuries  on, 
private  roads.    15  L.R.A.  459. 

ft.  Liability  of  municipality. 
1.  In  general. 

§   5  7.  Generally. 

Liability  to  abutting  owner  for  injury  to 
property,  see  supra,   §§  49,  51,  53. 

Duty  as  to  lighting  streets,  see  supra,  §  54. 

Liability  of  county,  see  infra,  §  78. 

Liability  of  township,  see  infra,  §  79. 

Joint  liability  of  municipality  and  others, 
see  infra,  §  94. 

Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  VI.  b,  1— cont'd 
Recovery  over  by  municipality  against  per- 
son primarily  liable,  see  infra,  §  95. 
Contributory  negligence  and   its  effect,   see 

infra,  §§  96-101. 
Notice   of   defect   as   condition  of   liability, 

see  infra,  §  103. 
Notice  of  injury  as  condition  of,  see  infra, 

§§  106,  107. 
Duty  and  liability  toward  person  operating 

automobile  in  street,  see  Automobiles, 

§  4. 
Liability  for  injury  by  contact  with  electric 

wire,  see  Electricity,  §  17. 
Municipal  liability  as  to  streets,  generally, 

see  Municipal  Corporations,  §  95. 
Proximate  cause  of  injury  on  highway,  see 

Proximate  Cause,  §  13. 

Duty  of  municipality  to  guard  drainage 
ditch  along  sidewalk.  27  L.R.A. (N.S.) 
1169. 

Duty  of  municipality  as  to  condition  of 
rural  highway  within  city  or  village 
limits.  29  L.R.A. (N.S.)  823;  38  L.R.A. 
(N.S.)  1127. 

Duty  of  municipality  as  to  condition  of 
sidewalk  which  extends  across  true 
street  line.     52  L.R.A. (N.S.)   773. 

Liabilitv  for  loss  of  life  or  property  at  ford. 
46  L.R.A.(N.S.)  229. 

Constitutionality  of  legislation  relieving 
municipalities  from  liability  for  defects 
in  streets  or  sidewalks.  42  L.R.A.  (N. 
S.)   493. 

Effect  on  liability  for  injury  on  defective 
highways  of  division  of  territory  of 
municipality,  town,  or  county.  39 
L.R.A.(N.S.)   285. 

Sufficiency  of  general  allegations  of  negli- 
gence as  to.    59  L.R.A.  248. 

Presumption  of  negligence  from  occurrence 
of  accident  to  person  in  highway.  15 
L.R.A.   33. 

Evidence  as  to  conditions  before  and  after 
accident.    32  L.R.A.  (N.S.)  1084. 

Admissibility  of  evidence  of  prior  accidents 
in.     32  L.R.A. (N.S.)  1104. 

Right  to  interest  on  amount  allowed  as  dam- 
ages.   28  L.R.A. (N.S.)   73. 

§   58.  Effect  of  previous  fright  of  horse. 

Liability  for  objects  calculated  to  frighten 
horses,  see  infra,  §  67. 

Proximate  cause  of  injury  on  defective  high- 
way through  fright  of  horse,  see  Proxi- 
mate Cause,  §  20. 

Effect  upon  right  of  recovery,  of  fact  that 

horse  was  frightened  when  accident 

occurred  on  defective  highway.     18 

L.R.A.    100;    8    L.R.A. (N.S.)     77; 

20    L.R.A.(N.S.)     742;    29    L.R.A. 

(N.S.)    199;   L.R.A.1915D,  243. 

Absence  of  guard  rail  as  proximate  cause 

of    accident    occasioned    by    frightened 

horse.    18  L.R.A. (N.S.)  1139. 

2.  Who   entitled   to   protection. 

%   59.  Generally. 

Care  due  to  sick,  infirm,  disabled  and  other- 
wise helpless  persons  on.  69  L.R.A. 
513. 


638 


INDEX  TO  L.R.A.  NOTES. 


HIGHWAYS,  VI.  b,  3— cont'd 

Liability  for  injury  by  stairways  and  other 

projections.     20  L.R.A.(N.S.)   G22,  635. 
Municipal  liability  for  injuries  to  travelers 

by  cellarway  in  streets.    61  L.R.A.  583; 

20  L.R.A.(N.S.)    622;   43  L.R.A.  (N.S.) 

1116. 

§   63.  Railroad  company. 

Municipal  liability  for  defects  or  obstruc- 
tions in  street  by  act  of  railroad  oc- 
cupying street.     20  L.R.A. (N.S.)  553. 

Municipal  liability  for  injury  by  railways 
in  streets.     20  L.R.A.(N.S.)    624. 

§   64.  Street  railway. 

Municipal  liability  for  injury  by  use  of 
highway  by  street  railway.  19  L.R.A. 
(N.S.)    521. 

4.  Defects  and  obstructions. 

§   65.  Generally. 

As    to    obstructions    generally,    see    supra, 

§§  33-39. 
Towards   whom   duty  to  keep   streets   free 
from  is  due,  see  supra,  §§  59,  60. 
„^    „       ,  ,  ,     ,  ,      ^  Liability     for     permitting     obstruction     bv 

60.  Employees  and  independent  con-       .      others,  see  infra,  §  77. 

T-  ,*yw*^***^f"         .  .     1-x     r  j-x-         t    Liability  of  township  for  defects,  see  infra. 

Liability  of  municipality  for   condition  of  I  s  79 

highway  due  to  acts  of  independent  con- 
tractor.    66  L.R.A.   126. 


HIGHWAYS,  VI.  b,  2— cont'd 

Duty  toward  blind  persons  or  persons  with 
defective  eyesight  as  to  condition  of 
streets.    L.R.A.1917C,  126. 

Dutv  to  have  highway  safe  for  automo- 
'biles.     14  L.R.A.(N.S.)    816. 

Duty  to  make  streets  and  highways  safe 
for  bicycles.  23  L.R.A.  (N.S.)  543;  47 
L.R.A.  298. 

Duty  as  to  condition  of  highway  to  persons 
entering  or  leaving  private  prop- 
erty.    37  L.R.A.(N.S.)    357. 

Right  of  person  using  street  for  play  to  re- 
cover for  injury  by  defect  or  obstruc- 
tion therein.     20  L.R.A.(N.S.)  753. 

§  59a.  Children. 

Rights    of    children    to    protection    against 

dangerous    condition    of    highway. 

22  L.R.A.  561. 

Duty  toward  children  as  to  obstructions  or 

defects  in  street.     6  L.R.A. (N.S.)   905; 

20  L.R.A. (N.S.)    753;   34  L.R.A. (N.S.) 

118;   L.R.A.1916B,  947. 

3.  For  acts  and  omissions  of  others. 


Liability  for  defect  or  obstruction  in  street 
caused  by  servants.  20  L.R.A.(N.S.) 
544. 

For  injuries  inflicted  by  negligence  of  em- 
ployees engaged  in  repair  or  construc- 
tion of  highways.  6  L.R.A.  (N.S.) 
1090;   30  L.R.A.(N.S.)    1161. 

For  fire  set  by  sparks  from  steam  roller  en- 
gaged in  repairing  a  street.  6  L.R.A. 
(N.S.)    1094;   20  L.R.A.(N.S.)    654. 

§   61.  Abutting  owner. 

Liability  for  injury  by  falling  objects,  see 
infra,  §  68. 

Municipal  liability  for  obstruction  or  de- 
fect in  street  by  abutting  owner.  20 
L.R.A.(N.S.)    553. 

Duty  of  municipality  to  guard  building  ma- 
terial in  street.     3  L.R.A. (N.S.)   386. 

Municipal  liability  for  injury  by  excava- 
tions by  abutting  owner.  20  L.R.A. 
(N.S.)  606. 

For  injury  from  opening  maintained  in  side- 
walk by  abutting  owner.  7  L.R.A. 
(N.S.)    424;   43  L.R.A. (N.S.)    1116. 

Liability  for  uses  permitted  to  abutting 
owners.  19  L.R.A.  (N.S.)  509;  49 
L.R.A.(N.S.)   844. 

Municipal  liability  for  injuries  by  use  of 
space  under  street.     61  L.R.A.  583. 

Liability  of  municipality  for  injuries  from 
material  placed  in  the  street  by 
individuals.     46  L.R.A. (N.S.)    330. 

§   62.  —  cellarways,    stairways,    etc. 

Liability  for  permitting  abutting  owner  to 
use  areaways,  hatchways,  coalholes,  etc. 
19  L.R.A.(N.S.)   516. 


Begin  with  this  hooTc  on  every  law  question 


Effect  of  contributory  negligence  on  liabili- 
ty, see  infra.  §§  100,  101. 

Notice  of,  see  infra,  §§  102-105. 

Liability  for  defects  after  closing,  see  in- 
fra, §   113. 

Liability  for  injury  by  defects  in  bridge, 
see  Bridges,  §§  5,  6. 

Liability  for   injury   due  to   oiling   street. 

L.R.A.1917F,  712. 
Res  ipsa  loquitur  in  action  for  injury  by 

obstruction.      43    L.R.A.  (N.S.)    594. 
Liability  for  injury  due  to  latent  defects.  2 

L.R.A.(N.S.)    159. 
Liability  of  county  for  injury  to  travelers 
and  vehicles   by   defective   roads.        39 
L.R.A.  53. 
Different  general  rules  as  to  liability.    20 

L.R.A.(N.S.)    516. 
Power    to    perform    duty    as    affecting   lia- 
bility.    20  L.R.A. (N.S.)    529. 
Application   of  rule  as  to  nonliability  for 
governmental      and      discretionary 
acts.     20  L.R.A. (N.S.)    532. 
Delegation  of  duty.     20  L.R.A. (N.S.)    538. 
Cause  of  obstruction  or  defect  as  affecting 

liability.     20  L.R.A.  (N.S.)  542. 
Ways   as   to  which   the  duty  exists.        20 
L.R.A.(N.S.)        553;        L.R.A. 
1915E,  597. 
Park  paths,  bicycle  paths,  etc.    20 
L.R.A.(N.S.)   574;  see  also  23 
L.R.A.(N.S.)    543. 
The  degree  of  diligence  or  care  as  affecting 

liability.     20  L.R.A. (N.S.)   577. 
The     degree     of     perfection     required.      20 

L.R.A.(N.S.)   583. 
Precautions     against     injury.       20     L.R.A. 

(N.S.)   671. 
Injury  as  result  of  obstruction  or  defect.  20 
L.R.A.(N.S,)  732. 


INDEX  TO  L.R.A.  NOTES. 


639 


HIGHWAYS,  VI.  b,  4— cont'd 

Right  to  redress  of  the  person  injured.  20 
L.R.A.  (N.S.)    740. 

Effect  of  concurrent  liability  of  third  per- 
son,    20  L.R.A. (N.S.)  700. 

Damages.     20  L.R.A. (N.S.)    763. 

Liability  for  injury  by  defect  or  obstruc- 
tion in  space  between  sidewalk  and 
carriage  way.  40  L.R.A. (N.S.)  94; 
L.R.A.1918D,  814. 

Liability  of  county,  town,  or  municipality 
for  obstruction  or  defect  outside  of 
traveled  portion  of  highway.  40  L.R.A. 
(N.S.)    182. 

Sufficiency  of  allegation  of  facts  in  regard 
to  defect  in  street  or  highway,  in  action 
against  municipal  corporation  for  in- 
juries received  therefrom.  21  L.R.A. 
(N.S.)  42. 

§  66.  Defective  plan  of  street  construc- 
tion as  distinguished  from  other  de- 
fects. 

In    general.     67     L.R.A.    253;     37     L.R.A. 

(N.S.)   1150. 
Plan  must  be  formally  adopted.     67  L.R.A. 

256.  / 

Injury  to  travelers.     67  L.R.A,  265, 
Negligence   with    respect  to   sIojjc  or   grade 

of  sidewalk.     51  L.R.A. (N.S.)  214. 
Narrowness  of  highway  as  a  defect.    L.R.A, 

1918D,  1180, 

§  67.  Objects  calculated  to  frighten 
horses. 

Effect  of  previous  fright  of  horse  on  lia- 
bility for  injury  due  to  defects,  see 
supra,  §  58, 

Liability  for  injury  by  frightening  horses 
generally,  see  Horses,  II. 

In  general,     20  L.R.A.(N.S,)  652, 

Steam  rollers,  etc,     20  L.R.A. (N.S.)   654. 

Building  material   and  other   objects.        20 

L.R.A,(N.S.)   655. 
For  placing  near- highway  object  calculated 

to     frighten     horse.     12     L.R.A.(N.S.) 

1152. 

Liability  of  municipality  for  injuries  caused 

by    horse    becoming    frightened    at 

object  in  highway.     15  L.R.A.  365, 

Liability   of    county    for    injury    caused    by 

fright  of  horse.     39  L.R.A.  56. 

§  68.  Overhanging  and  falling  ob- 
jects. 

Right  to  maintain,  see  supra,  §  19a. 
Liability  of  abutting  owner,  see  infra,  §  83, 

Res  ipsa  loquitur  in  action  for  injury  by. 
43  L.R.A. (N.S.)   594. 

Liability  for  injury  by  overhanging  and 
falling  objects.  12  L.R.A.(N.S.) 
721;  20  L.R.A.(N.S.)  644;  24 
L.R.A.  (N.S.)  139. 
Signs,  billboards,  etc.  19  L.R.A. 
(N.S.)  517;  20  L.R.A.(N.S.)  646; 
51  L.R.A.  (N.S.)   1077. 

Liability  of  municipality  for  personal  in- 
juries by  trees.  39  L.R.A.(N.S.) 
405. 

Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  VI.  b,  4— cont'd 
Contributory   negligence    of   one   struck   by 

object     overhanging     highway.     L.R.A. 

19 18 A,  204, 

§   69.  Use  of  space  under  street. 

Liability  of  abutting  owner,  see  infra,  §  82, 

In  general.     61  L.R.A,  583. 

Liability  for  defective  condition.     61  L.R,A. 

583;  43  L.R.A. (N.S.)    1116. 
Liability  for  negligent  use.     61  L.R.A.  587. 
Necessity  of  notice.     61  L.R.A.  589. 
Questions  for  jury.     61  L.R.A.  589. 
Action  over,  against  person  primarily  liable. 

61  L.R.A.  591. 

§   7  0.  Excavations;  holes  and  openings. 

In  sidewalk,  see  infra,  §   75. 
Liability  of  abutting  owner  for  excavations 
near  highway,  see  infra,  §  81. 

Liability  of  municipality  permitting  ex- 
cavations to  be  made  in  street.  49 
L.R.A.  (N.S.)   844. 

Municipal  liability  for  injury  by  excava- 
tions by  abutting  owner,  20  L.R.A, 
(N.S.)    606. 

Excavations  outside  right  of  way.  20  L.R,A, 
(N.S.)   595. 

Holes  and  openings  generally.  20  L.R.A. 
(N.S.)   629;  43  L.R.A.  (N.S.)   1110. 

Hole  as  defect  in  highway  for  which  town- 
ship is  liable.     13  L,R,A,(N.S.)  1246,     ' 

§  71,  Ice  and  snow  on  streets  and 
sidewallis. 

Liability  of  abutting  owners  or  occupants, 

see  infra,  §  84. 
Liability  of  landlord,  see  infra,  §  86, 
Liability    of    street    railway    company,    see 

infra,  §  91. 

Generally.     21   L,R,A.  263. 

Effect  of  ordinance.     21   L.R.A.  264. 

Negligence.  21  L.R.A.  265;  20  L.R.A. 
(N.S.)    656, 

Liability  for  permitting  water  to  accumu- 
late and  freeze  on  sidewalk  to  the 
injury  of  travelers,  58  L,R,A. 
321;  20  L.R.A. (N.S.)   656. 

Liability  for  injuries  from  smooth,  level  ice 
or  snow  accumulating  from  natural 
causes  on  a  sidewalk  not  otherwise  de- 
fective.    7  L.R.A. (N.S.)    933, 

Liability  of  municipal  corporation  for  in- 
juries from  rough  or  uneven  ice  or 
snow  accumulated  from  natural  causes 
on  a  street  or  sidewalk  not  otherwise 
defective.  13  L.R.A. (N.S.)  1105;  45 
L.R.A.(N.S,)   75, 

Liability  of  municipality  for  injuries  caused 
by  freezing  of  water  accumulated  on 
walk  by  reason  of  artificial  conditions. 
20  L.R.A.(N.S.)  201. 

Ice  and  snow  as  defects  for  which  township 
is  liable.     13  L.R.A,  (N,S.)    1246, 

g  72.  Various  particular  defects  and 
obstructions. 

Applicability  of  maxim  Res  ipsa  loquitur 
to  caving  in  or  sinkinsr  of  surface  of 
street.  23  L,R.A  (N.S.)  1022;  43 
L.R.A.(N.S.)  592, 


«40 


INDEX  TO  L.R.A.  NOTES. 


HIGHWAYS,  VI.  b,  4— cont'd 

Posts,  stumps,  trees,  etc.     20  L.R.A.  (N.S.) 

607,  649;  39  L.R.A. (N.S.)   405. 
Rubbish,  refuse,  etc.     20  L.R.A.(N.S.)    610. 
Storage  of  vehicles,  lumber,  etc.     20  L.R.A. 

(N.S.)   612. 
Machines,  tools,  etc.     20  L.R.A.(N.S.)    613. 
Markets   and   gther  business   or   individual 

enterprise.     20  L.R.A. (N.S.)    614. 
Stones     and     similar    articles.     20     L.R.A. 

(N.S.)    615. 
Unevenness,     inequalities,    etc.     20     L.R.A. 

(N.S.)    618. 
Permitting  ruts  to  remain  in  highways.     9 

L.R.A.  (N.S.)    1266. 
Slopes   or  grades.     20   L.R.A. (N.S.)    619. 
Obstructions  in  connection  with   its  water- 
works  system.     25   L.R.A. (N.S.)    242; 

52  L.R.A.(N.S.)  467. 
Hydrants  and  other  appliances  pertaining  to 

municipal     water     works.     20     L.R.A. 

(N.S.)    620. 
Embankments.     20   L.R.A. (N.S.)    626. 
Gutters  and  drains.     20  L.R.A.(N.S.)    627; 

L.R.A.1916F,  708. 
Decay  and  wear.     20  L.R.A.  (N.S.)   642. 
Liability   for   injury  by   obstruction   placed 

in  street  or  highway  to  stop  travel.     42 

L.R.A. (N.S.)   480.  ' 

§  73.  Absence  or  insufficiency  of 
guards,   liglits  and  barriers. 

Sufficiency  of  barrier  or  railing  maintained 
in  highway.     L.R.A.1917D,  756. 

Municipal  liability  for  improper  or  insuffi- 
cient barriers,  lights,  etc.,  at  excava- 
tion in  street.  20  L.R.A.  (N.S.)  604, 
671. 

Absence  of  guards  as  defects  for  which 
township  is  liable.  13  L.R.A.(N.S.) 
1247. 

Duty  to  provide  barriers  against  abandoned 
highway.     37   L.R.A.(N.S.)    1158. 

What  injuries  may  be  deemed  to  be  proxi- 
mately caused  by  the  absence  of  a 
guard  rail.     ]8   L.R.A. (N.S.)    1135. 

Duty  of  county  or  town  to  maintain  barriers 
along  rural  highways  or  bridges.  42 
L.R.A.(N^S.)   267;  L.R.A.1916F,  973. 

Duty  to  provide  barriers  to  protect  travel- 
ers from  obstructions  outside  the  high- 
way. 20  L.R.A.(N.S.)  980;  L.R.A. 
1916F,  1218. 

Liability  for  injury  by  giving  way  of  bar- 
rier in  higliway  when  one  sat  or  leaned 
upon  it.     L.R.A.1916C,  382. 

§  7  4.  Defects  in  and  obstructions  on 
sidevvallc. 

Ice  and  snow  on  sidewalks,  see  supra,  §  71. 

Res  ipsa  loquitur  in  action  for  injury  by. 
43  L.R.A.  (N.S.)    592. 

Defects  and  obstructions  in  sidewalks  and 
crossings.     20   L.R.A. (N.S.)    632. 

Degree  of  perfection  required  in  sidewalk. 
20   L.R.A.(N.S.)    591. 

Municipal  liability  for  injury  due  to  per- 
mitting abutting  owners  to  construct 
sidewalk.     19  L.R.A. (N.S.)  515. 

Begin  with  this  book  on  every  law  question. 


HIGHWAYS,  VI.  b,  4— cont'd 

Liability  of  municipality  for  injuries  from 

unevenness   in   sidewalk   or  cross   walk. 

20  L.R.A.  (N.S.)    640;   29  L.R.A.(N.S.) 

180;     43     L.R.A.(N.S.)      1158;     L.R.A. 

1916A,  486. 

§  7  5.  — brealcs,  excavations,  and  open- 
ings. 

Liability  of  landlord,  see  infra,  §  SCa. 

Res  ipsa  loquitur  in  action  for  injury  by. 
43  L.R.A. (N.S.)   593. 

Municipal  liability  for  injury  by  breaks,  ex- 
cavations, or  openings  maintained  in 
sidewalk  by  abutting  owner  or  occu- 
pant. 61  L.R.A.  583;  7  L.R.A.  (X.S.) 
424;  20  L.R.A. (N.S.)  632;  43  L.R.A. 
(N.S.)   1116. 

§   75a.  Criminal  responsibility. 

Criminal  responsibility  of  municipality  for 
nuisance   resulting   from   nonrepair   of. 
39    L.R.A. (N.S.)    414. 


5.  For  permitting  or  failure  to  prevent 
improper  use. 

§7  6.  Generally. 

Liability    for   failure   to   prevent    improper 
conduct   in   or  use   of   streets.     23 
L.R.A.(N.S.)  636;  42  L.R.A. (N.S.) 
862. 
Liability  for  failure  to  prevent  use  of  fire- 
works in  street.     23  L.R.A. (N.S.)    643. 
For  personal   injury  on   account  of  exhibi- 
tion   permitted    in    public    street.       9 
L.R.A.  (N.S.)    146;  L.R.A.1915F,  568. 
Liability  of  municipality  which  permits  or 
fails  to  prevent  riding  bicycles  on  side- 
walk   for    injury    caused    thereby.      10 
L.R.A.(N.S.)    785. 

§    7  7.  — for  permitting  obstruction. 

Liability  of  municipal  corporation  for  per- 
mitting obstruction  to  be  placed  in 
street.  19  L.R.A. (N.S.)  507;  49  L.R.A. 
(N.S.)    844. 


c.  Liability  of  county. 

§    7  8.  Generally. 

Liability  of  counties  for  torts  and  negli- 
gence as  to.     39  L.R.A.  53. 

Liability  of  county  for  injury  to  travelers 
and  vehicles  by  defective  roads  and 
highways.     39  L.R.A.  53. 

Duty  of  county  or  town  to  maintain  bar- 
riers along  rural  highways  or  bridges. 
42  L.R.A.(N.S.)  267;  L.R.A.1915F,  973. 

Effect  on  liability  for  injury  on  defective 
highway  of  division  of  territory  of 
county.     39  L.R.A.(N.S.)   285, 

Liability  for  obstruction  or  defect  outside 
of  traveled  portion  of  highway.  40 
L.R.A.(N.S.)    182. 

Constitutionality  of  legislation  relieving 
counties  from  liability  for  defects  in 
highway.     42  L.R.A. (N.S.)    493. 


INDEX  TO  L.R.A.  NOTES. 


641 


HIGHWAYS,  VI.— cont'd 

d.  Liabil'ty  of  township. 

8    79.  Generally. 

EfTcct  of  contributory  negligence,  see  infra, 
§  101. 

Liability  of  township   for   defects   in  high- 

■  ways.   13   L.R.A.(N.S.)    3219. 
Duty  to  provide  barriers  to  protect  traveler 

"from      danger      outside      of      highway. 

20     L.R.A.(N.S.)      980;     L.R.A.1916F, 

1218. 
Duty   of   town   to  maintain  barriers   along 

rural  liighways  or  bridges.     42  L.R.A. 
(X.S.)   267;  L.R.A.1915F,  973. 
Effect   of   liabilitj'   for   injury   on   defective 

higiiwav    of    division    of    territory    of 

town,    'so  L.R.A.(N.S.)   285. 
Liability   for  obstruction   or  defect  outside 

of    traveled    portion    of    liighwav.      40 

L.R.A.(N.S.)   182. 
Liability  of  township  for  injury  to  employee 

engaged     in     repairing     highway.       41 

L.R.A.(N.S.)    3074. 
Constitutionality     of     legislation     relieving 

towns  from  liability  for  defects  in  high- 
way.    42  L.R,A.(N.S.)   493. 

€.  Liability  of  ahutting  owners  or  occu- 
pants. 

§   8  0,  Generally. 

Joint  liability  with  and  liability  over  to 
municipality,  see  infra,  §§  94,  95. 

Liability  as  to  condition  of  fences  along 
highway,  sec  Fences,  §  4. 

Liability  of  abutting  owner  for  nuisance 
created  by  a  predecessor  in  title  upon 
the  highway  or  adjoining  property.  7 
B.  R.  C.  581. 

Imposition  on  abutting  owner  of  liability 
for  injury  by  defects  or  obstruction  in 
streets.     20  L.R.A.(N.S.)    540. 

Effect   of   imposition  of  duty  to  keep  side- 
walk in  repair  upon  abutting  owner  to 
impose  upon  him  liability  for  injuries. 
3  L.R.A.(N.S.)   84. 

For  failure  to  guard  coal  hole  or  other 
opening  in  sidewalk  for  com.mercial 
pu'.poses,  while  in  use  by  a  third  per- 
son.    31  L.R.A.(N.S.)  993. 

Liability  for  injury  to  pedestrian  by  refuse 
on  sidewalk.     29  L.R.A.(N.S.)    707. 

Liability  for  injuries  due  to  trees  in  street. 
L.R.A.1918F,  817. 

Violation  of  ordinance  requiring  covering 
of  sidewalks  fronting  buildings  under 
construction  as  ground  for  private 
action.     5   L.R.A.(N.S.)    258. 

Liability  for  frightening  horses  by  paper 
or  otiior  objects  likely  to  be  set  in  mo- 
tion by  wind.     L.R.A.1915D,  G17. 

§  81.  Excavations  and  other  defects 
near  highway. 

Municipal  liability  for  excavations  on  high- 
way, see  supra,  §  70. 
Liability  of  landlord,  see  infra,  §  86a. 
Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  VI.  e— cont'd 

Duty  to  trespasser  with  respect  to  excava- 
tions maintained  on  uninclosed  land 
near.     5  L.R.A.  (N.S.)   733. 

Liability  for  dangerous  condition  of  private 
grounds  Iving  open  beside  highway.  26 
L.R.A.  686;  'L.R.A.1918A,  84i9. 

Duty  as  to  entrance  to  building  located  on 
street  with  ascending  grade.  22  L.R.A. 
(N.S.)  730. 

§   82.  Excavations  under  highway. 

Municipal  liability,  see  supra,  §  69. 

Right  to  make.     14  L.R.A.  398. 
Liability  as  affected  by  consent  of  munici- 
pality.    14  L.R.A.  398. 
Duties  of  one  maintaining.     14  L.R.A.  398. 

§   83.  Injury  by  falling  objects. 

Liability  of  municipality,  see  supra,  §  68. 

Res  ipsa  loquitur  in  action  for  injury  bv. 

43  L.R.A.  (N.S.)   594. 
For  injury  from  falling  of  object  suspended 

over  street.     12  L.R.A.(iS[.S.)    721;   24 

L.R.A.(N.S.)   139. 
Liability  for  injury  to  person  in  street  from 

fall  of  wall  or  building.     34  L.R.A.  559. 
Violating  ordinance  as  to  awnings  or  signs 

as  ground  for  private  action.    5  L.RJk. 

(N^S.)   261. 

§   84.  As  to  snow  or  ice. 

Liability  of  municipality,  see  supra,  §  71. 
Liability  of  landlord,  see  infra,  §  80. 
Liability  of  street  railway  company,  see  in- 
fra, §  91. 

Liability  for  permitting  water  to  accumu- 
late and  freeze  on  sidewalk  to  in- 
jury of  travelers.    58  L.R.A.  328. 

Liability  of  abutting  property  owner  for 
injury  caused  by  ice  formed  from  water 
artificially  turned  across  sidewalk.  9 
L.R.A.(N.S.)  598;  28  L.R.A.{N.S.)200; 
51  L.R.A.{N.S.)   309. 

Liability  of  owner  or  occupant  of  abutting 
premises  to  one  injured-  by  reason  of 
the  former's  failure  to  remove  snow  or 
ice  from  the  sidewalk  as  required  by  a 
valid  statute  or  ordinance.  5  L.R.A. 
(N.S.)   262;  6  L.R.A. (N.S.)   616. 

/.  Liability   of   landlord. 

§   85,  Generally. 

Liability  of  landlord  for  condition  of  side- 
walk.   23  L.R.A.  157;  26  L.R.A.  198. 

Liability  for  condition  of  awnings.  26 
L.R'.A.  200. 

Liability  of  landlord  to  third  persons  for 
obstructions  on  sidewalk.  50  L.R.A. 
(N.S.)    303. 

Liability  of  landlord  to  third  persons  for 
injuries  by  things  falling  because  of 
condition  of  leased  premises.  50  L.R.A. 
(N.S.)    312. 

§   86.  Snow  and  ice. 

Liability  of  municipality,  see  supra,  §  71.  ■ 
Liability  of  abutting  owner,  generally,  see 
supra,  §  84. 
41 


642 


INDEX  TO  L.R.A.  NOTES. 


HIGHWAYS,  VI.  f— cont'd 

Liability  of  landlord  as  to  third  persons  on 

account  of,     26  L.R.A.  201;   50  L.R.A. 

(N.S.)  300. 

§  86a.  Coal  holes,  areaways,  or  other 
excavations  under  or  near  high- 
way. 

Liability  of  municipality,  see  supra,  §§  69, 
75. 

Where  injury  is  due  to  tenant's  negligent 
use.    50  L.R.A.  (N.S.)   306. 

Where  defect  existed  at  time  of  demise. 
.50  L.R.A.(N.S.)   307. 

Purchaser  of  property  with  existing  de- 
fect.   50  L.R.A.(N.S.)  308. 

Covenant  of  tenant  to  repair.  50  L.R.A. 
(N.S.)   308. 

Assumption  by  landlord  of  duty  to  repair. 
50  L.R.A.(N.S.)   309. 

Part  of  premises  in  control  of  landlord.  50 
L.R.A.(N.S.)    309. 

Nuisance  per  se.     50  L.R.A.(N.S.)    310. 

g.  Liability  of  highway  officers. 

g   8  7.  Generally. 

Capacitv  in  which  liable.     22  L.R.A.  824;  52 

L.R.A.(N.S.)   143. 
Foundation    of    liability.     22   L.R.A.    825; 

52  L.R.A.(N.S.)    144 
Principles    exempting    from    liabilitv.      22 

L.R.A.     826;     52     L.R.A.(N.S.)'     145; 

L.R.A.1916B,  1186 
Principles  sustaining  liability.     22  L.R.A. 

830;  52  L.R.A. (N.S.)   146. 
Necessity    of    notice.     22    L.R.A.    829;    52 

L.R.A.(N.S.)    146. 
For  acts  of  predecessors  or  successors.     22 

L.R.A.  833;  52  L.R.A.(N.S.)    151. 
For  acts  of  employees.     22  L.R.A.  833;   52 

L.R.A.(N.S.)   151. 
Adjoining  towns.     22   L.R.A.  834. 
Canals.     22  L.R.A.  834;  L.R.A.1936B,  1188. 
Criminal  liability.    22  L.R.A.  835. 
Personal    liability    of   highway    officers    for 

acts   in   ex<;e8S    of    their   authority.    13 

L.R.A.(N.S.)    233. 

h.  Liability  of  railroads. 

g   88.  Generally. 

Use  and  obstruction  of  highway  by  rail- 
roads generally,  see  supra,  §'§  26-32. 

Duty  as  to  lighting  streets,  see  supra,  §  55. 

Liability  for  injury  by  frightening  horse, 
see  Horses,  §  10. 

Liability  for  injury  by  train  operated  longi- 
tudinally in  street,  see  Railroads,  § 
52a. 

Liability  for  injury  by  train  at  railroad 
crossing,  see  Railroads,  §§  58-70. 

Liability  for  injury  by  train  at  defective 
crossing,  see  Railroads,  §  60. 

Imposition  on  railway  in  street  of  liability 

for   injury   by   defects   or  obstructions. 

20  L.R.A. (N.S.)   539. 
Liability  for  injury  to  person  on  highway 

by  objects  falling  from  train.  31  L.R.A. 

(N.S.)  981. 
Begin  with  this  boolc  on  every  law  question 


HIGHWAYS,  VI.  h— cont'd 

Defects  in  roadbed  of  company  operating 
train  or  cars  longitudinally  along  pub- 
lic street.     49  L.R.A.  (N.S.)   678. 

Contributory  negligence  in  attempting  to 
use  railroad  crossing  known  to  be  in 
a  dangerous  or  defective  condition. 
L.R.A.] 91 50,    813. 

Contributory  negligence  of  one  who  strikes 
railroad  bridge  extending  over  highway. 
L.R.A.1918A,  204. 

i.  Liability   of  street   railways. 

%   89.  Generally. 

Liability   for   injury   by   frightening   horse, 

see  Horses,  §  11. 
Liability    for    injury    by    street    car,    see 

Street  Railways,  §§  10-23. 

Res  ipsa  loquitur  in  action  for  injury.  43 
L.R.A. (N.S.)   599. 

Liability  for  injury  to  person  other  than 
passenger  or  employee  by  derailment  of 
street  car.     23  L.R.A. (N.S.)    751. 

§   90.  For  defects  in  track  or  street. 

In  general.    52  L.R.A.  448;  15  L.R.A. (N.S.) 

840. 
Grounds  of  company's  liability.     52  L.R.A 

448. 
Defects   in   track;    defects   in   street  caused 
by   company.      52    L.R^A.   449;    15 
L.R.A.(N.S.)   841. 
Defects  in  street  not  caused  by  the  company. 

52  L.R.A.  457;   15  L.R.A. (N.S.)    842. 
Remedy.     52  L.R.A.  459. 
Effect   of   municipal   direction   or   sanction. 

52  L.R.A.  460;   15  L.R.A. (N.S.)    845. 
Shifting    liability;    effect   of    negligence    of 

municipality,    independent   contractors, 

or  of  other  company.     52  L.R.A.  461 ; 

15  L.R.A.  (N.S.)    845. 
Notice  of  injury.     52  L.R.A.  463. 

§   91.  Ice  and  snow. 

liability  of  municipality,  see  supra,  §  71. 
Liability  of  abutting  owner,  see  supra,  §  84. 
Liability  of  landlord,  see  supra,  §  86. 

Street  railway  companies'  duty  as  to  re- 
moval of.     53  L.R.A.  453.  ' 

Negligence  in  removal  of,  from  street  rail- 
way track.     52  L.R.A.  453. 

Liability  of  street  railroad  company  for 
negligence  in  removal  of  snow  from 
track.     15  L.R.A.(N.S.)    844. 

j.  Liability  of  contractors, 

§   92.  Generally. 

Violation  of  ordinance  requiring  covering  of 
sidewalks  fronting  buildings  under  con- 
struction as  ground  for  private  action. 
5  L.R.A.  (N.S.)   258. 

Liability  of  highway  contractor  for  danger- 
ous conditions  where  municipality^ 
county,  or  town  is  not  liable.  27 
L.R.A. (N.S.)   1009;  L.R.A.1916A,  1006. 

Does  bond  of  highway  contractor  cover  per- 
sonal injuries  to  members  of  public. 
34  L.R.A. (N.S.)   152. 


INDEX  TO  L.R.A.  NOTES. 


643 


HIGHWAYS,  VI.  j— cont'd 

Will  breach  of  contract  with  municipality 
to  keep  a  street  or  highway  in  repair 
sustain  an  action  by  a  person  injured 
directly  against  the  contractor.  39 
I.R.A.(N.S,)    1112. 

Liability  for  injury  due  to  oiling  street. 
L.R.A.1917F,  712. 


fc.  Liability  for  acta  of  independent  con- 
tractors. 


S  93.  Generally. 

Duties  imposed  on  grantees  of  special  privi- 
leges in  respect  to  highway  as  to  acts 
of  independent  contractor.  66  L.R.A. 
134. 

Employer's  nonliability  for  acts  of  independ- 
ent contractor  in  work  on.  6r>  L.R.A. 
644,  650. 

Employer's  liability  for  acts  of  independent 
contractor  in  construction  or  repair  of 
highway.     65  L.R.A.  845. 

Employer's  liability  for  acts  of  independent 
contractor  in  work  which  is  dangerous 
to  persons  using  highway.  65  L.R.A. 
842. 

Liability  for  act  of  independent  contractor 
affecting  safety  of  highway.  17  L.R.A. 
(N.S.)    758. 


I.  Joint  liahility  of  municipality  and 
others;  liability  over. 


§   94.  Generally. 

Eight  of  one  injured  on  highway  to  proceed 
in  first  instance  against  one  ultimately 
liable.     16  L.R.A.  554. 
Joinder  of  municipality  and  person  respon- 
sible   for    dangerous   condition,    in 
action    for    injuries    on    street    or 
highway.     37   L.R.A. (N.S.)    569. 
Right  of  one  constructively  liable  for   in- 
jury on,  to  contribution  or  indemnity 
from  one  actually  responsible  therefor. 
40  L.R.A.(N.S.)    1149. 


§  95.  Recovery  over  by  municipality. 

Right  of  municipality  held  liable  for  in- 
jury on  highway  to  recover  indemnity 
©r  contribution  from  one  responsible 
therefor.  61  L.R.A.  591;  40  L.R.A, 
(N.S.)   1165;  L.R.A.1916F,  86. 


m.  Contributory  negligence. 

'§96.  Generally. 

('ontributory    negligence    on    bridges,    see 

Bridges,  §  7. 
With  respect  to  electric  wires,  see  Electbic- 

ITY,    §    ]8. 

Of   person    injured    otherwise   than    by   de- 
fects, see  Negligence,  §§  38-40. 
Question  for  jury  as  to,  see  Trial,  §  48. 
Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  VI.  m— cont'd 

Contributory  negligence  of  children.    L.R.A. 
1917F,  95. 
Of  child  injured  on  defective  railroad 
crossing.     L.R.A.1917F,   153. 

Of  one  who  strikes  bridge  or  other  object 
extending  over  highway.  L.R.A.1918A, 
204. 

Of  person  injured  by  dangerous  condition 
of  private  grounds  lying  open  beside  a 
highway  or  frequented  path.  L.R.A. 
1918A,  861. 

Intoxication  amounting  to  contributory  neg- 
ligence. 40  L.R.A.  138;  47  L.R.A. 
(N.S.)   737;  L.R.A.1916F,  102. 

Liability  for  injury  to  drunken  person  by 
defect  in  street.    2  L.R.A. (N.S.)  481. 

Doctrine  of  contributory  negligence  as  ap- 
plied to  one  who  attempts  to  cross, 
after  dark,  a  defective  or  obstructed 
street.     16  L.R.A. (N.S.)   459. 

Negligence  in  falling  on  uneven  sidewalk. 
17  L.R.A.(N.S.)   195. 

In  case  of  injury  by  ice  on  streets  or  side- 
walks.    21  L.R.A.  276. 

Injury  to  one  while  coasting  in  street.  42 
L.R.A.(N.S.)  865;  L.R.A.1918F,  782. 

Driving  blind  horse  as  contributory  negli- 
gence.    48  L.R.A. (N.S.)   141. 

Nonobservance  of  public  regulations  by  one 
using  highway  as  affecting  recovery 
of  damages  caused  by  obstruction  or 
defect  therein.     42  L.R.A. (N.S.)    1035. 

Violation  of  statute  or  ordinance  by  plain- 
tiff as  precluding  recovery  for  negli- 
gence in  action  by  driver  or  owner  of 
automobile.     L.R.A.1915E,  960. 

Presumption  as  to  exercise  oi  due  care  by 
person  found  killed  on  highway.  16 
L.R.A.  261. 

§  9  7.  Deviating  from  usual  thorough- 
fare. 

Deviation  from  sidewalk  or  cross  walk  by 
pedestrian.  17  L.R.A.  124;  11  L.R.A. 
(N.S.)    1114. 

Deviation  from  roadway.     17  L.R.A.  125. 

Other  instances.     17  L.R.A.  126. 

§   98.  Person  of  poor  sight. 

Care  required  from  one  of  defective  sight, 
in  using  streets.  14  L.R.A. (N.S.)  648; 
39  L.R.A.  (N.S.)    1055. 

As  affecting  municipal  liability.  21  L.R.A. 
(N.S.)    638;  48  L.R.A.(N.S.)   634. 

§99.  Effect  of  previous  knowledge  of 
defect. 

Contributory  negligence  in  attempting  to 
use  railroad  crossing  known  to  be 
in  a  dangerous  or  defective  condi- 
tion.    L.R.A.1915C,  813. 

§  100.  Effect  on  municipal  liability  for 
defects  and  obstructions. 

General  rules  as  to  effect  of  contributory 
negligence  on  liability.  21  L.R.A. 
(N.S.)   615;  48  L.R.A.(N.S.)   628. 

The  degree  of  care  required.  21  L.R.A. 
(N.S.)  618;  48L.R.A.(N.S.)  628. 


644 


INDEX  TO  L.R.A.  NOTES. 


HIOHWAYS,  VI.  m— cont'd  ' 

Observation  and  avoidance  of  obstruction 
or  defect.  21  L.R.A.  (N.S.)  630;  48 
L.R.A.  (N.S.)    632. 

Knowledge  of  obstruction  or  defect  as  af- 
. fecting  liability.  21  L.R.A.(N.S.)  638; 
48  L.R.A.(N.S.)  634. 

Excuses  for  failure  to  observe  and  avoid  de- 
fect or  obstruction.  21  L.R.A. (N.S.) 
648;  48  L.R.A.(N.S.)   637. 

Travel  in  the  night.  21  L.R.A. (N.S.)  655; 
48  L.R.A.(N.S.)    637. 

Choice  of  vpays.  21  L.R.A. (N.S.)  659;  48 
L.R.A. (N.S.)   638. 

Leaving  traveled  track.  21  L.R.A.(N.S,) 
665;  48  L.R.A. (N.S.)   639. 

Violation  of  law  as  contributory  negligence. 
21  L.R.A.(N.S.)  667;  48  L.R.A.(N.S.) 
639. 

Neglisence  of  third  person  contributing. 
21  L.R.A.(N.S.)   670. 

Proof  and  determination.  21  L.R.A. 
(N.S.)   673;  48  L.R.A.(N.S.)   639. 

Contributory  negligence  of  person  injured 
by  materials  placed  in  street  by  indi- 
viduals.    46  L.R.A.(N.S.)   333. 

§  101.  Effect  on  liability  of  township 
for  defects. 

Burden  of  proof.     13  L.R.A. (N.S.)    1260. 
Question    for    the    jury.      13    L.R.A. (N.S.) 

1261. 
Knowledge  that  the  road  is  dangorous.     13 

L.R.A.(N.S.)   1262. 
Venturesome  or  careless  driving.     13  L.R.A. 

(N.S.)   1265. 
Mode  of  driving;   kind  of  load.     13  L.R.A. 

(N.S.)   1266. 
Intoxication.      13   L.R.A. (N.S.)    1267. 
Wrong  side  of  road.     13  L.R.A. (N.S.)   1267. 
Defective    horse,    wagon    or    harness.      13 

L.R.A.(N.S.)    1267. 

n,  Notice. 
1.  f)f  defects, 

§    102.  Generally. 

To  person   injured,  see   supra,  §  99. 

Knowledge  or  notice  by  municipality  of  ob- 
struction in  highway.  19  L.R.A, (N.S.) 
523;  20  L.R.A. (N.S.)   689. 

Notice  of  accumulation  of  ice  on  streets  or 
sidewalks.     21  L.R.A.  267. 

Question    for   jury.     20    L.R.A. (N.S.)    730. 


20  L.R.A.(N.S.) 
20  L.R.A. 
20  L.R.A. 


HIGHWAYS,  VI.  n,  1— cont'd 

Validity  of  requirement  of  written  notice  of 
defect  to  render  municipal  corpora- 
tion liable  for  injuries  caused  by  de- 
fective highway.     11  L.R.A. (N.S.)   391. 

Applicability  in  case  of  injury  to  munici- 
pal employee,  of  rule  requiring  notice 
of  defect  as  condition  of  municipal 
liabilitv  for  personal  injury  on  street 
or  highway.     28  L.R.A. (N.S.)   533. 

Necessity  of  written  notice  as  to  defect  as 
condition  of  municipal  liability  for  in- 
juries due  to  positive  act  of  its  officers 
or  servants.     23  L.R.A. (N.S.)    282. 

Necessity  of  showing  that  municipality  had 
notice  of  dangerous  conditions  to  ren- 
der 4t  liable  for  independent  contract- 
or's negligence.     66  L.R.A.   133. 

Necessity  of  notice  of  condition  to  make 
municipality  liable  for  injuries  from 
materials  placed  in  street  by  indi- 
viduals.    46  L.R.A.(N.S.)   330. 

As  essential  to  liability  of  street  railroad 
company  for  defect  in  track  or  street. 
15  L.R.A. (N.S.)  843. 

§   104.  Constructive  or  implied  notice. 

In  general.     20  L.R.A. (N.S.)    705. 

Duration  of  existence  of  obstruction  as  af- 
fecting.    20  L.R.A. (N.S.)    708. 

Cause  naturally  calculated  to  produce  ob- 
struction. '20   L.R.A. (N.S.)    714. 

General  defectiveness  or  obstruction  as  af- 
fecting particular  defect.  20  L.R.A. 
(N.6.)    717. 

Other  accidents.     20  L.R.A. (N.S.)    721. 

Place,  circumstances,  etc.  20  L.R.A. (N.S.) 
721. 

Removal  of  safeguard  by  unlooked  for  event. 
20  L.R.A. (N.S.)   723. 

The  duty  to  inspect.     20  L.R.A.  (N.S.)   725. 

Time  to"^ remove.     20  L.R.A.  (N.S.)   728. 

Officer  or  agent  whose  knowledge  or  notice 
of  defect  or  obstruction  in  street  is 
binding  on  municipality.  L.R.A. 1918B, 
649. 

Length  of  time  sufficient  to  charge  city 
with  notice  of  materials  placed  in 
street  by  individuals.  46  L.R.A. 
(N.S.)   332. 


§    105.  Sufficiency  of  notice. 

Necessity  of  actual  notice,    20  L.R.A.  (N.S.) 
694. 


§    103.  Necessity  of. 

Necessity  of,  to  liability 

'689. 
Actual    knowledge    or    notice, 

(N.S.)    694, 
Constructive  or  implied  notice 

(N,S.)    705. 
Necessity  of  notice  to  municipality  of  dan- 
gerous condition  of  space  under  street. 
61   L.R.A.   589. 
Knowledge  by  town  of  defect  in  highway  as 
essential  to  liability,     13  L.R.A.  (N.S.) 
1225. 
Begin  with  this  booTc  on  every  law  question. 


2.  Of  injuries. 

§    106.  Generally. 

Notice  of  injury  as  condition  of  municipal 
liability,  generally,  see  Municipal  Cob- 
PORATIONS,  §§   104-107. 

What  included  in  statute  or  ordinance  re- 
quiring notice  or  presentation  as  a  con- 
dition of  municipal  liability,  50  L,R.A. 
(N.S.)    182. 

Notice  of  claim  and  cause  of  injury  from 
defects  or  obstructions  in  street.  20 
L.R.A. (N.S.)    757. 


INDEX  TO  L.R.A.  NOTES. 


645 


HIGHWAYS,  VI.  n,  2— cont'd 

Notice  of  claim  for  injury  as  essential  to 
liability  of  town  for  injury  by  defects 
in   highway.     13  L.R.A.(N.S.)    1228. 

Validity  of  requirement  of  notice  of  injury 
as  condition  of  municipal  liability.  36 
L.R.A.  (N.S.)    1136. 

May  injured  person's  residence  be  required 
to  be  stated  in  notice  of  accident  or 
injury  as  condition  of  municipal  lia- 
bility. 20  L.R.A. (N.S.)  738;  35  L.R.A. 
(N.'S.)    840. 

Applicability  of  rule  requiring  notice  of  in- 
jury as  condition  of  municipal  lia- 
bility for  personal  injury  on  street  or 
highway  in  case  of  injury  to  munici- 
pal employee.     28  L.R.A. (N.S.)   533. 

§   10  7.  Sufficiency  of  notice. 

In  case  of  claim  against  municipality  gen- 
erally, see  Municipal  Corpobations, 
§  105. 

Sufficiency  of  description  of  injury  in  no- 
tice.    20  L.R.A. (N.S.)   804. 

F//,  Municipal    liability    for  injury   to 
property  through  defects  in  street. 

§   108.  Generally. 

Liability    for    injury    in    improving   street, 

see  supra,  §  47a. 
Liability    for    injury   due   to   fixing  grade, 

see  supra,  §§  50,  51. 
Liability    for    injury   by    change    of    grade, 

see  supra,  §§  52,  53. 

Measure  of  damages  recoverable  from  mu- 
nicipal corporation  for  overflow  from 
defective  street.     29  L.R.A.  (N.S.)    860. 

Liability  of  municipal  corporation  for  dam- 
age to  abutting  property  by  water  per- 
colating through  soil  of  highway  by 
reason  of  defect  therein.  22  L.R.A. 
(N.S.)    333. 

VIII.  Discontinuance ,'  vacation;  aban- 
donment; reversion. 

§   109.  Generally. 

By  acts  of  public  authorities.  26  L.R.A. 
821. 

^Municipal  declaration  of  forfeiture  of  street 
franchise  or  privilege  for  breach  of 
conditions  as  a  judicial  determination. 
4  L.R.A. (N.S.)    321. 

Rights  acquired  as  against  public  by  ad- 
verse possession  of  highway.  18  L.R.A. 
146. 

§  110.  By  nonuser  or  otherwise  than 
by  acts  of  public  authorities. 

Abandonment    in   general.      26    L;R.A.   449. 
Presumption    of    abandonment.      26    L.R.A. 

450. 
Title  acquired  by  prescription.     26  L.R.A. 

451. 
Equitable  estoppel.     26  L.R.A.  461. 
Effect  of  nonuser  of  road.     26  L.R.A.  462. 
Effect  of  nonuser  of  part.     26  L.R.A.  465. 
Effect   of   encroachments,   obstructions,   etc.  \ 

26   L.R.A.    465. 
New  road  in  place  of  old.     26  L.R.A.  468. 
Consult  also  L.R.A.  Digests  of  Cases. 


HIGHWAYS,  VIII.— cont'd 

Laches  of  corporation  officials.     26  L.R.A. 

469. 
Effect  of  nonuser  of.     18  L.R.A.  540. 

g  111.  Rights  of  abutting  owner  gen- 
erally. 

Injury  to  abutting  owner  by  vacation  of. 
26  L.R.A.  662;   39  L.R.A.  68. 

Injuries  to  abutters'  easements  of  light, 
air,  and  access  by  vacating  street.  14 
L.R.A.   370. 

The  question  of  damages  and  compensation 
on  abandonment.     26  L.R.A.  662. 

Damages  as  personal  property  on  abandon- 
ment.    26  L.R.A.  665. 

Right  of  abutting  owner  to  compensation 
for  vacation  of  highway.  36  L.R.A. 
(N.S.)    1115. 

Right  of  abutting  owner  to  compensation 
where  street  is  vacated  and  used  for 
railroad  purposes.  36  L.R.A. (N.S.) 
790. 

Power  of  municipality  as  against  abutting 
owner  to  vacate  street  or  portion  there- 
of and  devote  land  to  private  purposes. 
22  L.R.A. (N.S.)  530. 

Vacation  of  platted  street  or  highway  as 
affecting  private  easements  of  abutting 
owners.     L.R.A.1917A,  1123. 

Right  of  propertj'  owner  whose  means  of 
access  from  one  direction  is  shut  off 
or  interfered  with  by  closing  of  ad- 
joining street,  or  portion  of  street  on 
which  he  is  situated.  2  L.R.A.  (N.S.) 
269;  30  L.R.A.  (N.S.)  637;  52  L.R.A. 
(N.S.)   889. 

§    112.  Title  to  land;  reversion. 

Question  of  reversion  of  title  on  abandon- 
ment of  highway.    26  L.R.A.  659. 

Effect  of  city's  permitting  use  of  a  street 
by  a  railroad  in  such  a  way  as  prac- 
tically to  exclude  the  public,  to  cause 
a  reversion  of  the  street  to  dedicators 
or  abutting  owners.  11  L.R.A. (N.S.) 
589. 

Conveyance  of  parcel  abutting  on  abandoned 
street  as  carrying  grantor's  title  to 
fee  of  former  street.  32  L.R.A. (N.S.) 
778.  . 

§  113.  liiability  for  defects  after  clos- 
ing. 

Municipal  liability  for  defects  or  obstruc- 
tions in  street  after  closing,  20  L.R.A. 
(N.S.)    575. 

Duty  to  provide  barriers  against  aban- 
doned highway.     37  L.R.A. (N.S.)   1158. 

IX.  Highway  officers. 

§    114.  Generally. 

Liability  for  injury  to  traveler,  see  suprd, 
§   87. 

Nature  of  their  office.  22  L.R.A.  824;  52 
L.R.A.  (N.S.)    143. 

Binding  effect  on  municipality  of  knowl- 
edge or  notice  of  street  commissioner 
of  defect  or  obstruction  in  •  street. 
L.R.Avl918B,  650. 


646 


INDEX  TO  L.R.A.  NOTES. 


raOHWAYS,  IX.— cont'd 

Power  to  employ  attorney.  L.ILA.1917D, 
247. 

Power  of  road  commissioners  to  vacate  high- 
way.    26  L.R.A.  824. 

Duties  "required  of  them.  22  L.R.A.  824; 
52  L.R.A.(N.S.)   143. 

Ministerial  duties.  22  L.R.A.  825;  52  L.R.A. 
(N.S.)   144;  L.R.A.1916B,  1186. 

Principles  sustaining  liability.  22  L.R.A. 
830. 

State  decisions.     22  L.R.A.  831. 

Liability  for  damming  flow  of  stream.  59 
L.R.A.  857. 


HILLSIDE. 


Permitting  articles  to  roll  down  hillside  or 

decline.     L.R.A.1915B,  426. 
Duty   of    master    to    protect   servant   from 

material     rolling    down    hillside.      46 

L.R.A.(N.S.)    629. 


HIRED  VEHICLE. 

Who  is  responsible  foi  acts  of  driver  of. 
13  L.R.A. (N.S.)  1122;  25  L.R.A. (N.S.) 
33;  38  L.R.A.(N.S.)  973;  44  L.R.A. 
(N.S.)  113;  51  L.R.A.(N.S.)  1164; 
L.R.A.1918E.  121. 


HIRE  PURCHASE  AGREEMENTS. 

Rights  of  seller  of  fixtures,  retaining  title 
thereto  or  a  lien  thereon,  as  against 
purchasers  or  encumbrancers  of  the 
realty.    1  B.  R.  C.  664. 


HIRER. 


See  Bailment. 


♦-»♦ 

HIRING. 

Of  horse,  see  Liveby  Stable,  §  3. 
♦-»♦ 

HITCHING  POSTS. 

In  highway,  see  Highways,  §  36. 


HOBBIES. 


HOGS. 

Carriers'  duty  to  shower  during  shipment. 
16  L.R.A.(N.S.)    883. 


HOISTING  APPARATUS. 

Nondelegability  of  duty  to  protect  servant 
from  defects  in.     54  L.R.A.  72,  80. 

Delegability  of  master's  duty  to  warn  serv- 
ants as  to  dangers  attending.  26  L.R.A. 
(N..S.)    642. 

Master's  liability  for  vice  principal's  neg- 
ligence in  operating.     54  L,R.A.  130. 


HOISTWAYS. 


Validity    of     regulations     concerning.      42 

L.R.A. (N.S.)  899. 
Private    action    for    violation    of    statutory 

provision  as  to.     9  L.R.A.(N.S.)    380; 

L.R.A.1915E,  541. 
Duty  of  storekeeper  towards  customer  as  to 

condition    of.      21    L.R.A.(N.S.)     458; 

L.R.A.  1915F,  572. 


HOLDING   CORPORATION. 

Right  of  holding  corporation  to  maintain 
action  against  its  own  director  for  an 
injury  to  the  subsidiary  corporation. 
L.R.A.1915F,  617. 


HOLDING  OVER. 


By  tenant,  see  Landlord  and  Tenant,  §  26. 
By  officer,  see  Officers,  §  18. 


HOLES. 

As  defects  in  street  or  sidewalk,  see  High- 
ways, §§  70,  75,  81. 


HOLIDAYS. 


As    affecting    testamentary    capacity.      27 

L.R.A.(N.S.)   56;   L.R.A.1915A,  458. 
Begin  with  this  boole  ©n  every  law  question 


Validity  of  contract  made  on,  see  Con- 
tracts, §  71. 

Service  of  pleading  on,  see  Pleading,  §  9. 

Rule  as  to,  in  computing  time,  see  Time, 
§§   18,   19. 

Falling  on  Sunday,  see  Sunday,  §  2. 

See  also  Sunday. 

Right   of   school   teacher   to  salary  on.     50 

L.R.A.  374;   38  L.R.A. (N.S.)   514. 
Validity    of    court    business    transacted    on 

legal    holiday.      10   L.R.A. (N.S.)    791. 
How  far  the  law  of  holidays  extends  to  mat- 
ters  other   than    those    relating   to 
negotiable   paper.      19   L.R.A.  316. 


INDEX  TO  L.R.A.  NOTES. 


64; 


HOLOGRAPHIC  WILL. 


See  Wills,  §  59. 


HOME. 

What  constitutes  residence  of  inmate  of 
charitable  or  public  home  entitling 
him  to  privilege  of  public  schools.  36 
L.R.A.(N.S.)  344;  51  L.R.A.(N.S.)  234. 


HOME  ECONOMICS. 

Power    to    prescribe    teaching   of,    in   pub- 
lic schools.     47   L.R.A.(N.S.)    202. 


HOME  OFFICE. 


Designation  of,  by  corporation,  as  fixing 
situs  for  purpose  of  taxation.  L.R.A. 
1917A,  469. 


HOME  PORT. 


70 


Maritime  lien  for  supplies  furnished  in 

L.R.A.   407. 
What  ports  are,  for  purposes  of  maritime 

lien.     70  L.R.A,  412. 
Of  vessel  for  purpose  of  taxation.    2  L.R.A. 

(N.S.)   197,  1196;  37  L.R.A.{N.S.)  520. 


HOMESTEAD. 


7.  In  general,  §  1. 
II.  The  exemption  generally,  §§  2-7. 

III.  Loss;  abandonment,  §  8. 

IV.  Conveyance  of,  or  contract  relating 

to,    mortgage   or  other  encuni' 
brance  on;  partition,  §§  9-16. 
V.  Transmission     in     case     of    death, 
§§  17-20. 
VI.  Revaluation    or    reassignment    of, 
§  21. 

I.  In  general, 

§    1.  Generally. 

EflFect  of  divorce  on  homestead  rights,  see 
Divorce  and  Separation,  §  51. 

On  public  land,  see  Public  Lands,  §§  16, 
17. 

Husband's  insurable  interest  in  homestead. 

66  L.R.A.   660;    45  L.R.A. (N.S.)    1131. 
Notice    of    title   to    homestead    lands    from 

possession    by   husband   and    wiie.      13 

L.R.A.  (N.S.)    129. 
Succession  tax  on  statutory  homestead.     29 

L.R.A.(N.S.)   428;  L.R.A.1916C,  675. 
Liability  of  homestead  to  assessment  or  lien 

for    local    improvement.      L.R.A.1915E, 

662. 
Consult  also  L.R.A.  Digests  of  Cases. 


HOMESTEAD— cont'd 

II.  The  exemption  generally. 

%   2.  Generally. 

Effect  of  divorce  on  homestead  rights,  see 
Divorce  and  Separation,  §  51. 

Self-executing  constitutional  provisions  as 
to  exemption.     16  L.R.A.  284. 

When  homestead  deemed  "otherwise  dis- 
posed of  according  to  law"  within  stat- 
ute providing  for  its  continuance  until 
that  time.     30  L.R.A. (N.S.)    921. 

Application  to  existing  judgments  of  stat- 
ute abolishing  homestead  exemption. 
25  L.R.A.(N.S.)    189. 

Right  of  husband,  as  against  creditors,  to 
claim  homestead  as  exempt  where  title 
is  vested  in  wife.  33  L.R.A. (N.S.) 
170. 

General  direction  in  will  to  pay  debts  as 
charging  homestead.  44  L.R.A.(N.S.) 
1177. 

Enforcement  of  claim  for  alimonv  against 
homestead.    50  L.R.A. (N.S.)  699. 

Effect  of  nonresidence  of  family  whose  head 
is  a  resident.     52  L.R.A. (N.S.)   746. 

Transfer  of  lioraestead  exemption  from  one 
building  or  tract  of  land  to  another. 
50  L.R.A. (N.S.)    1128. 

Liability  of  homestead  in  hands  of  devisee 
for  the  debts  of  the  deviser.  L.R.A. 
19j:8D,  1002. 

Homestead  as  subject  of  mechanics'  lien. 
L.R.A.1918D,  1055. 

Right  to  mechanics'  lien  as  affected  by  the 
acquisition  of  a  homestead  right  after 
the  making  of  the  contract  or  com- 
mencement of  the  work.  L.R.A.1918B, 
818. 


§  3.  Existence  and  head  of  family. 

Wife  as  head  of  family  within  homestead 
statute.     51  L.R.A.(N.S.)   1121. 

Is  continuance  of  family  a  condition  of  the 
continuance  of  homestead,  where  its 
existence  is  a  condition  of  the  incep- 
tion of  the  homestead.  1 6  L,R.A.  ( N.S. ) 
111. 


§4.  —  what  constitutes  a  family. 

"Family"    defined.     4     L.R.A.(N.S.)     366; 

L.R.A.1917C,  361. 
Different  aggregations  of  people.     4  L.R.A. 

(N.S.)  367;  L.R.A.1917C,  363. 
Rights  acquired  by  survivorship.     4  L.R.A. 

(N.S.)  390;  L.R.A.1917C,  370. 
Divorce.    4  L.R.A.(N.S.)  396;  L.R.A.1917C, 

371. 


§   5.  In  what  property. 

In  proceeds  of  sale,  see  infra,  §  14. 

In    land    held    under    estate    by    entireties. 

30  L.R.A.  313. 
In  partnership  land.     28  L.R.A.  105. 
Right  to  claim  homestead  in  property  used 

as  a  hotel  or  boarding  house.    41  L.R.A. 

(N.S.)   303. 


648 


INDEX  TO  L.R.A.  NOTES. 


HOMESTEAD,  II.— cont'd 

g   6.  —  in  crops  grown  on  homestead. 

Crops  grown  on  homestead,  or  proceeds 
thereof,  as  exempt.  32  L.R.A. 
(N.S.)  577. 

§   7.  Exemption  from  liability  for  torts. 

Generally.    24  L.R.A.  789;  16  L.R.A.  (N.S.) 

947. 
Fine  or  costs.     24  L.R.A.  790. 
"Official  bonds."     24  L.R.A.  790. 

III.  Loss;  abandonment. 

g  8.  Generally. 

By  incompetent  person,  see  Incompetent 
Persons,  §  14. 

Abandonment  of  homestead  by  parent,  ef- 
fect on  rights  of  children.  56  L.R.A. 
80. 

Right  to  testify  as  to  intent  with  reference 
to  residence,  occupation  or  use  of  home- 
stead.    23  L.R.A. (N.S.)    397. 

Husband's  power  without  wife's  consent  to 
abandon  homestead  or  convej'  premises 
bv  his  sole  deed  after  abandonment. 
.37   L.R.A.(N.S.)    807. 

Abandonment  during  insanity  of  one  spouse. 
]3  L.R.A.(N.S.)   430. 

EflFeet  of  insanity  and  imprisonment  as 
abandonment  of.     3  L.R.A. (N.S.)    515. 

EflFeet  of  remarriage  upon  widow's  existing 
homestead  rights.  L.R.A.1916A, 
1000. 

Effect  of  abandonment  on  right  to  parti- 
tion homestead.  4  L.R.A.  (N.S.) 
793,  797. 

IV.  Conveyance  of,  or  contract  relating 
to,  mortgage  or  other  encum- 
brance on;  partition. 

§   9.  Generally. 

Effect  of  mistake  of  law  as  to  contract 
with  reference  to  homestead  as  ground 
of  reformation.     28   L.R.A. (N.S.)    872. 

Conveyance,  or  encumbrance  of  homestead 
during  insanity  of  one  of  the  spouses. 
13   L.R.A. (N.S.)    430. 

Does  homestead  exemption  attach  to  sur- 
plus on  foreclosure  of  lien  paramount 
to  homestead  right.  18  L.R.A. (N.S.) 
491. 

Injunction  against  sale  of,  under  execution. 
.30  L.R.A.  100. 

Effect  of  conveyance  of  homestead  on  right 
to  partition  same.  4  L.R.A. (N.S.)  797, 
799. 

Purchase  of  homestead  bv  widow  under  fore- 
closure of  lien.     L.R.A.1917F,  433. 

§    10.  By  husband  alone. 

Conveyance  of  homestead  by  husband  after 
abandonment  bv  wife.  8  L.R.A. (N.S.) 
565;  L.R.A.1915D,  551. 

Husband's  power  without  wife's  consent  to 
convey  premises  bv  his  sole  deed  after 
abandonment.     37^ L.R.A. (N.S.)    807. 

Power  of  husband  to  create  easements  in 
homestead  without  wife's  consent.  27 
L.R.A. (N.S.)    963. 

Begin  tcith  this  hooJe  on  every  laic  question 


HOMESTEAD,  IV.— cont'd 

Power  of  legislature  to  take  away  hus- 
band's right  to  convey  or  encumber 
homestead   property.     36   L.R.A. (N.S.) 

1029.  ; 

§    11.  By  wife. 

Validity  of  conveyance  or  encumbrance  of 
homestead  by  wife  after  abandonment 
by  husband.     36   L.R.A. (N.S.)    1024. 

Effect  of  a  wife's  separate  deed  of  home- 
stead in  connection  with  a  conveyance 
or  encumbrance  by  husband,  or  her 
subsequent  joinder  therein.  8  L.R.A. 
(N.S.)    748. 

g   12.  By  surviving  spouse. 

Widow's  right  to  convey,  lease,  or  encum- 
ber homestead  during  minority  of  chil- 
dren.    10  L.R.A. (N.S.)   787. 

Effect  of  alienation  or  encumbrance  of 
homestead  by  surviving  spouse  on 
rights  of  children.     56  L.R.A.  71. 

§    13.  Conveyance  by  husband  to  wife. 

Effect  of  conveyance  by  husband  to  wife. 
69  L.R.A.  379. 

Constructive  trust  in  deed  of,  by  husband 
to  wife,  with  proviso  attempting  to 
derogate  from  her  right  of  survivor- 
ship.    1  L.R.A. (N.S.)    312. 

§    14,  Exemption  of  proceeds  on  sale. 

Exemption  of  proceeds  of  homestead  sold 
for  reinvestment.      19   L.R.A.  36. 

Exemption  of  property  obtained  in  ex- 
change  for   homestead.     19   L.R.A.   38. 

Exemption  of  proceeds  of  sale  of  homestead. 
19  L.R.A.  39. 

Does  homestead  exemption  attach  to  the 
surplus  upon  foreclosure  of  a  lien  para- 
mount to  the  homestead  right.  1 8 
L.R.A.(N.S.)    491. 

§    15.  liiens  as  affecting. 

Homestead  as  subject  of  mechanics'  lien. 
L.R.A.1918D,   1055. 

Right  to  mechanics'  lien  as  affected  by  the 
acquisition  of  a  homestead  right  after 
the  making  of"  the  contract  or  com- 
mencement of  the  work.  L.R.A.1918B, 
818. 

Enforcement  of  mechanics'  lien  against 
building  only  erected  upon  homestead 
lands.     62  L.R.A.  375. 

Money  decree  for  permanent  alimony  or 
separate  maintenance  as  lien  on.  25 
L.R.A.  (N.S.)   137;  L.R.A.1916B,  6.52. 

Mortgage  to  secure  money  advanced  to  pur- 
chase property  as  a  purchase  money 
mortgage  not  subject  to  homestead 
rights.     40  L.R.A.  (N.S.)   275. 

Homestead  exemption  .is  against  claim  for 
money  loaned  by  third  person  to 
pay  off  existing  purchase  money 
obligations.     L.R.A.]  91 5E,  875. 

Is  money  loaned  to  improve  land  part  of 
the  purchase  price  within  the  rule  that 
a  purchase  money  lien  takes  priority 
over  homestead  rights.  41  L.R.A. 
(N.S.)    89. 


INDEX  to  L.R.A.  NOTES. 


649 


HOMESTEAD,  IV.— cont'd 
§    16.  Partition  of. 

See  Paktitiox,  §  7. 

F.  Transmission  in  case  of  death. 

§    17.  Generally. 

Liability  of  homestead  in  hands  of  devisee 
for  the  debts  of  the  devisor.  L.R.A. 
1918D,  1002. 

Right  of  heirs  to  exemption  of  homestead 
from  ancestor's  debts  contracted  prior 
to  its  acquisition  by  him.  4  L.R.A. 
.  (N.S.)    544. 

§    18.  Riglits  of  widow. 

Rights  of.  under  liomestead  and  exemption 
laws.  4  L.R.A.(N.S.)  391;  L.R.A. 
1917C,  365. 

Partition  of  homestead  where  homestead 
right  is  in  widow.  4  L.R.A. (N.S.) 
790. 

Purchase  of  homestead  by  widow  under  fore- 
closure  of  lien.     L.R.A.1917F,   433. 

Widow's  liomestead  rights  in  partnership 
real  estate.     27  L.R.A.  347. 

Estoppel  of  wife  living  apart  from  husband 
to  claim  homestead  as  against  pur- 
chaser ignorant  of  the  relationship. 
26  L.R.A. (N.S.)  575;  34  L.R.A. (N.S.) 
702. 

Is  a  widow's  dower  right  in  property  allot- 
ted to  her  as  homestead  extinguished 
or  merely  in  abevance.  10  L.R.A. 
(N.S.)    1206. 

Descent  to  child  of  right  in  parent's  home- 
stead as  dependent  on  existence  of 
widow.     56  L.R.A.  47. 

Child's  right  in  parent's  homestead  as 
against  widow.     56  L.R.A.  66. 

Right  of  widow  to  convey,  lease,  or  en- 
cumber homestead  during  minority  of 
children.  10  L.R.A. (N.S.)  787. 
,Wife  as  head  of  family  within  homestead 
or  exemption  laws.  51  L.R.A. (N.S.) 
]12]. 

EfTect  of  remarriage  upon  widow's  existing 
homestead   rights.     L.R.A.1916A,   1000. 

Woman's  right  to  homestead  in  estate  of 
second  husband,  as  affected  by  her 
homestead  right  in  estate  of  first  hus- 
band.    L.R.A.1916A,  998. 

§  19.  Bights  of  child  in  parent's  home- 
stead. 

Rights  during  lifetime  of  owner.     56  L.R.A. 

34. 
Descent    or     continuance     to    family.       56 

L.R.A.  40. 
Governed  by  what  law.     56  L.R.A.  47. 
The  selection  or  setting  apart.     56  L.R.A. 

48. 
Wlio    are    children    entitled    to    take.      56 

L.R.A.  52. 
Necessity    of    indebtedness    or    insolvency. 

56  L.R.A.  56. 
Against  what  debts  a  protection.    56  L.R.A. 

57. 
In  what  property  claimed.     56  L.R.A.  60. 
As  aflfected  by  title  or  estate  of  parent.    56 

L.R.A.  61. 
Consult  ^Iso  L.R.A.  Digests  of  Cases. 


HOMESTEAD,  V.— cont'd 

As  affected  bv  domicil  of  child.  56  L.R.A. 
62. 

Rights  acquired  with  relation  to  other  in- 
terests.   56  L.R.A.  62. 

Effect  of  alienation  or  encumbrance  bv  sur- 
vivor.    56  L.R.A.  71. 

Effect  of  sale  subject  to  homestead.  56 
L.R.A.  74. 

Waiver  of  release  of  homestead.  56  L.R.A'. 
76. 

Partition.     56  L.R.A.  77.. 

Abandonment.     56  L.R.A.   80. 

Termination.     56  L.R.A.  86. 

Effect  of  death  of  childless  wife  on  home- 
stead.    16  L.R.A.(N.S.)    111. 

Death  of  both  parents.  16  L.R.A. (N.S.) 
112. 

Death  of  all  but  head  of  familv.  16  L.R.A. 
(N.S.)    112. 

Death  of  spouse  and  arrival  at  majority 
or  removal  from  home  of  all  the  chii- 
dren.     16  L.R.A.(N.S.)    112. 

Rights  of  surviving  children  under  home- 
stead and  exemption  laws.  4  L.R.A. 
(N.S.)  394;  L.R.A.1917C,  371. 

Partition  of  homestead  when  homestead 
right  is  in  minor  children.  4  L.R.A. 
(N.S.)    792;   27  L.R.A.(N.S.)    550. 

Widow's  right  to  convey,  lease,  or  encum- 
ber homestead  during  rainoritv  of 
children.     10   L.R.A. (N.S.)    787. 

Effect  as  against  children  of  purchase  of 
homestead  by  widow  under  foreclosure 
of  lien.     L.R.A.1917F,  433. 

§2  0.  —  cliild's  rights  as  against  cred- 
itors. 

Child's  right  in  parents'  homestead  as 
against  creditors.     56  L.R.A.  62. 

Right  to  exemption  of  homestead  from  an- 
cestor's debts  contracted  prior  to  ac- 
quisition by  him.     4  L.R.A.(N.S.)   544. 

VI.  Revaluation   or  reassignment  of. 

§21.  Generally. 

When  the  question  arises.     44  L.R.A.  400; 

16  L.R.A. (N.S.)    728. 
Change    from     fluctuation     in     prices.      44 

L.R.A.   400;    16   L.R.A.  (N.S.)    728. 
Change  from   improvements   and   additions. 

44  L.R.A.  402. 
Homestead  in  decedents'  estates.    44  L.R.A. 

402. 


HOMICIDE. 


/.  In  general,  §§  1-4. 
II.  Intent;     deliberation;     premedita- 
tion; malice,  §§  5-7. 
III.  Nature  of  act  causing  death,  §§  8- 
18. 
a.  In  general,  §§  8-13. 
h.  Accident,     misadventure^    or 

neglect,  §§  14,  15. 
c.  In   commission    of   unlatcfnl 
act,  §§  16-18. 


650 


INDEX  TO  L.R.A.  NOTES. 


In 


HOMICIDE— cont'd 

IV.  Defenses;       provocation;       degree, 
§§   19-34. 

a.  In  genei'al,  §§  19— 26a. 

b.  Self  defense,  §§  27-30. 

c.  Degree,    §§   31-34. 
V.  PunisJiment,  §   35. 

I.  In  general. 

§    1.  Generally. 

Assault  with  intent  to  kill,  see  Assault 
AND  Battery, 

Charge  of  assault  and  battery  included  in 
prosecution  for,  see  Assault  and  Bat- 
tery,  §   ]  2. 

Territorial  jurisdiction  over  crime  of,  see 
Courts,  §  25. 

As  to  responsibility  for  crime  generally,  see 
Criminal  Law,  III. 

Mental  condition  as  aflfecting  responsibility, 
see  Criminal  Law,  §§  8,  9. 

Former  jeopardy,  see  Criminal  Law,  §§  59- 
64. 

Civil  liability  for,  see  Death. 

Presumption  and  burden  of  proof  in  prose- 
cution for,  see  Evidence,  §  116. 

Acts  and  declarations  of  co-conspirators, 
see  Evidence,  §  237. 

As  to  threats,  see  Evidence,  §  239. 

Dying  declarations,  see  Evidence,  §§  242, 
318a. 

Evidence  of  character  or  reputation  of  ac- 
cused, see  Evidence,  §  252. 

Evidence  in  prosecution  for,  generally,  see 
Evidence,  §  286. 

Sufficiency  of  evidence  in  prosecution  for, 
see  Evidence,  §  326. 

Variance  between  pleading  and  proof,  see 
Evidence,  §  332. 

Indictment  for,  see  Indictment,  etc.,  §  21. 

Effect  on  right  to  inherit  or  otherwise  ob- 
tain property  of  murdered  person,  see 
Descent  and  Distribution,  §  8. 

Effect  of  murder  of  insured  on  right  to  pro- 
ceeds of  policy,  see  Insurance,  §  193. 

Procedure  on  trial  for,  see  Criminal  Law, 
IV. 

Instructions  in  prosecution  for,  see  Trial, 
§  68. 

Verdict  in  prosecution  for,  see  Trial,  VIII. 

Evidence  of  declarations  of  victim  of  intent 

to  commit  suicide.     L.R.A.1916B,  821. 
Time   when   deemed   to   be   committed.      34 

L.R.A.    851. 
Solicitation  to  commit.     25  L.R.A.  437. 
What    constitutes    an    attempt    to    commit 

homicide  as  distinguished  from  assault 

with   intent  to  kill.     21   L.R.A.(N.S.) 

898. 
Several  offenses  growing  out  of  same  facts. 

31  L.R.A.(N.S.)  693. 
What    weapons   may   be   considered   deadly 

under    law    of    homicide    and    assault. 

21  L.R.A.(N.S.)    497. 
Trial  of  life  termer  for  murder.    41  L.R.A. 

(N.S.)     1097. 
Civil    liability    of    insane   person    for.      42  I 

L.R.A.(N.S.)   84. 
Begin  with  this  booTc  on  every  law  question. 


HOMICIDE,  I.— cont'd 
§  2.  Bail  in  case  of. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance.  38 
L.R.A.  (N.S.)    312,   320.  i 

§  3.  EfTect  of  character  and  reputation 
of  deceased. 

Evidence  of  character  or  reputation  of  de- 
ceased, see  Evidence,  §  251. 

General  rules.     3  L.R.A.(N.S.)   352. 
Exception    in   self-defense   cases.      3   L.R.A. 

(N.S.)    353. 
Other  exceptions.     3  L.R.A. (N.S.)   361. 
Nature  or   kind  of   character   provable.     3 

L.R.A.(N.S.)   364. 
Methods    of    proving    character.      3    L.R.A. 

(N.S.)    370. 
Determination   as  to  admissibility  and  ef- 
fect.    3  L.R.A. (N.S.)   375. 

§   4.  By  corporation. 

May  a  corporation  be  convicted  of  homicide. 

21  L.R.A.(N.S.)   998;  45  L.R.A. (N.S.) 

344. 
Criminal  responsibility   of   corporation  for. 

2  B.  R.  C.  247. 


II.  Intent; 


deliberation ; 
tion;  malice. 


preniedita- 


Intent. 

omicide  by  intoxicated  per.son.  36 
L.R.A.   470;    52  L.R.A. (N.S.)    230. 

Common  intent  in  homicide  in  carrying  out 
unlawful   purpose.     68   L.R.A.   203. 

Effect  of  absence  of  intent  to  do  harm  in 
homicide  by  misadventure.  3  L.R.A. 
(N.S.)    1155. 

To  kill  as  affecting  degree  of  homicide  in 
heat  of   passion.     5   L.R.A. (N.S.)    819. 

Charging  assault  with  intent  to  kill  when 
actual  intent  is  directed  against  an- 
other.    7  L.R.A. (N.S.)    630. 

Intention  to  wound  only,  as  affecting  degree 
of  homicide  in  absence  of  excuse  or 
justification.      35    L.R.A. (N.S.)    621. 

Assault  with  intent  to  murder  or  kill  by 
unlawful  act  aimed  at  another  than  the 
one    injured.      37    L.R.A.  (N.S.)    172. 

Right  to  show  immorality  of  deceased  as 
bearing  on  defendant's  intent,  36 
L.R.A.(N.S.)    397. 

Right  of  one  to  testify  as  to  his  intent. 
23  L.R.A.(N.S.)  388;  34  L.R.A. (N.S.) 
324. 


45 


36 


§   6.  Deliberation;   premeditation. 

In  case  of  homicide  in  mutual  combat. 
L.R.A. (N.S.)    648,  649. 

In    homicide    by    intoxicated    person. 
L.R.A.  473;   52  L.R.A.(N.S.)   230. 

Elements  of  deliberation  and  premeditation 
as  affected  by  the  brevity  of  the  period 
elapsing  between  the  resolution  to  kill 
and  the  homicide.    7  L.R.A.(N.S.^  1056. 

May  finding  of  premeditation  and  delibera- 
tion essential  to  murder  in  first  degree 
rest  upon  evidence  that  at  the  time  de- 
fendant was  fleeing  from  the  scene  of 
another  crime.    L.R.A.1918C,  566. 


INDEX  TO  L.R.A.  NOTES. 


661 


HOMICIDE,  n.— cont'd 
§   7.  Malice. 

Presumption  of  malice  from  act  of  killing, 
see  Evidence,  §  44. 

In  case  of  homicide  in  mutual  combat.     45 

L.R.A.(N.S.)   648. 
Malicious  homicide   by   officer.     67    L.R.A. 

310. 
As  affecting  degree  of  homicide  in  heat  of 

passion.     5  L.R.A.  (N.S.)    813,  819. 
Express  malice  as  affecting  homicide  in  re- 
sisting arrest.     66  L.R.A.  353. 
Proof  of  malice  in  homicide  in  resisting  ar- 
rest.    66  L.R.A.  384, 
"Malice  aforethought"   in   the  definition  of 
murder ;  what  the  term  now  means, 
and    how    the   courts    should    deal 
with   it  in  charging  the  jury.     38 
L.R.A.(N.S.)    1054. 

III.  Nature  of  act  causing  death, 

a.  In  general. 

§   8.  Generally. 

In  resisting  assault  and  battery,  see  As- 
sault AND  Battery,  §  10. 

Criminal  homicide  in  operation  of  railroad 
or  street  railway.    L.R.A.1916C,  536. 

Inciting  or  abetting  suicide  as.  66  L.R.A. 
304. 

By  means  of  spring  gun,  trap,  or  other  dan- 
gerous instrument  killing  trespasser. 
29  L.R.A.  156. 

Criminal  responsibility  for  death  caused  by 
spring  gun  or  other  dangerous  mantrap 
upon  one's  own  property.  14  L.R.A. 
(N.S.)    346. 

Effect  of  failure  to  provide  medical  attend- 
ance to  render  one  guilty  of  man- 
slaughter. 6  L.R.A.(N.S.)  685;  45 
L.R.A. (N.S.)   559. 

Criminal  responsibility  for  homicide  com- 
mitted by  third  person,  growing  out  of 
an  altercation  between  defendant  and 
deceased.     12  L.R.A. (N.S.)    889. 

Homicide  by  acting  through  innocent  or  ir- 
responsible agent.    2  L.R.A. (N.S.)  897. 

Independent,  intervening,  or  concurring 
cause  of  death  as  affecting  criminal 
responsibility.  51  L.R.A.(N.S.) 
877. 

§  9.  By  excessive  or  improper  chastise- 
ment. 

The  general  rule.     60  L.R.A.  801. 
Parent  and   child.     60   L.R.A.   801. 
Persons  in  loco  parentis.    60  L.R.A.  802. 
Schoolmaster  and  pupil.     60  L.R.A.  803. 
Husband  and  wife.     60  L.R.A.  803. 
Master   and    servant,   slave,   or    apprentice. 
60   L.R.A.   804. 

§  10.  In  coinniission  of,  or  attempt  to 
commit,  abortion. 

General  and  common-law  rules  as  to.  63 
L.R.A.  902;  49  L.R.A. (N.S.)   580. 

Theories  as  to  ground  of  criminal  liability. 
63  L.R.A.   903. 

Principal  or  accomplice.  49  L.R.A. (N.S.) 
582. 

Consult  also  L.R.A.  Digests  of  Cases. 


HOMICIDE,  III.  a— cont'd 

Grade  or  degree  of  the  crime.     63  L.R.A. 

905;  49  L.R.A. (N.S.)   581. 
Application  of  rules   to  the  killing  of  the 

unborn  child.    63  L.R.A.  908;  49  L.R.A. 

(N.S.)   682. 
Justification    or    excuse.      63    L.R.A.    909; 

49  L.R.A.(N.S.)  582. 
The  indictment.     63  L.R.A.  911;  49  L.R.A. 

(N.S.)   583. 
Evidence.     63   L.R.A.   914. 
The    trial   and    determination.      63    L.R.A. 

919. 


§  1 1 .  In  resisting  arrest,  or  officers  of 
justice. 

In  general.  66  L.RA.  353;  33  L.R.A.(N.S.) 
143. 

Effect  of  express  malice.     66   L.R.A.   353. 

General  rule  in  case  of  lawful  arrest.  66 
L.R.A.   354;    33  L.R.A. (N.S.)    144. 

Reasons   for  rule.     66  L.R.A.   355. 

Determination  as  to  criminality.  66  L.R.A. 
357. 

General  rule  in  case  of  unlawful  arrest.  66 
L.R.A.   374;    33    L.R.A. (N.S.)    147. 

Resistance  to  unlawful  arrest.  66  L.R.A. 
375;   33  L.R.A.  (N.S.)    147. 

Protection  extended  to  officers'  assistants. 
66   L.R.A.    379. 

Rules  applicable  to  escapes  from  confine- 
ment.    66   L.R.A.   380. 

Statutory  protection  to  certain  Federal  of- 
ficers.    66   L.R.A.  380. 

The   indictment.     66  L.R.A.  381. 

Proof.     66  L.R.A.  381. 

Self-defense  in  resisting  officer,  5  L.R.A. 
(N.S.)    1016. 

Right  to  defend  one's  self  against  an  officer 
who  does  not  disclose  his  identity  or 
character.    L.R.A.1918D,  978. 

Killing  in  self-defense,  officer  using  unnec- 
essary force  in  making  arrest.  66 
L.R.A.  367. 

Homicide  in  carrying  out  conspiracy  to 
effect  escape.     68  L.R.A.  209. 

Criminal  responsibility  for  homicide  in  car- 
rying out  unlawful  conspiracy  for.  68 
L.R,A.   109. 


§   12.  By  official  action  or  by  officers 
of  justice. 

Homicide    by    authority    of    law    or   under 

official  direction.     67  L.R.A.  293. 
Effect   of   official   character    and    action   in 

case  of  arrest,     67  L,R,A.  297. 
General  rules  as  to  use  of  force  in  making 

arrest.  67  L.R.A.  297. 
Checking  flight.  67  L.R.A.  299. 
Meeting    actual    physical    resistance.      67 

L.R.A.  301. 
Preventing    escape    or    rescue.      67    L.R.A. 

302. 
Recapture.     67  L.R.A.  303. 
Limitation  as  to  force  which  may  be  used. 

67    L.R.A.   303. 
Effect  of  question  of  legality  or  propriety 
of  officer's  action.     67  L.R.A.  307. 
Action  by  deputy  or  assistant.     67  L.R.A. 
312. 


652 


INDEX  TO  L.R.A.  NOTES. 


HOMICIDE,  III.  a— cont'd 

"Eetreat  to  the  wall"  in  homicide  in  per- 
formance of  official  duty,  2  L.R.A. 
(N.S.)    76. 

Liability  of  peace  officer  or  his  bond  for 
sliooting  a  person  while  attempting  to 
arrest  him.     51  L.R.A. (N.S.)    13  79. 

Homicide  by  peace  officer  in  attempting  to 
enforce  his  commands  against  innocent 
persons.     L.R.A.1918D,  379. 

§  13.  Resulting  from  injuries  by  dif- 
ferent persons  acting  independ- 
ently. 

Homicide  resulting  from  injuries  by  differ- 

.  •     ent   persons   acting  independently.     67 

L.R.A.  426;   43  L.R.A. (N.S.)   419. 

ft.  Accident,   misadventure,   or  neglect. 

§   14.  By  accident  or  misadventure. 

Accident  as  defense  to  criminal  prosecu- 
tion, generally,  see  Cbiminal  Law,  § 
15. 

By  accident  while  hunting.     1  L.RA. (N.S.) 

991. 
Accidental  killing  of  bystander  by  shooting 

in  self-defense.    2  L.R.A. (N.S.)   719. 
Homicide  by  misadventure.    3  L.R.A. (N.S.) 
1153. 

§   15.  Negligent  homicide. 

Generally.     61  L.R.A.  277;   63  L.R.A.  392. 

Distinction  between  different  degrees  of  the 
crime.     61  L.R.A.  279. 

Application   of   rules   to  particular   classes 
of   negligence.     61   L.R.A.  279. 

Negligent  homicide  under  Texas  Code.  61 
L.R.A.  296. 

Necessity  that   negligent   act  shall  be 
sonal.     61  L.R.A.  297. 

Effect  of  negligence  of  others  contributing. 
61  L.R.A.  298. 

Application  of  doctrine  of  contributory  neg- 
ligence.    61   L.R.A.  298. 

Pleading  and  practice.     61   L.R.A.  298. 

Homicide  iti  operation  of  railroad  or  street 
railway.     L.R.A.1917C,  536. 

Homicide  by  negligent  operation  of  auto- 
mobile. 30  L.R.A.  (N.S.)  458;  33 
L.R.A. (N.S.)     403;    L.R.A.1918B,    954. 

Effect  of  failure  to  provide  medical  attend- 
ance to  render  one  guilty  of  man- 
slaughter.    45  L.R.A. (N.S.)   559. 

Negligence  of  physician.  61  L.R.A.  687; 
L.R.A.1915D,  201. 


per- 


c.  In  commission  of  unlaxpful  act. 

%   16.  Generally. 

In   commission   of,   or   attempt  to   commit, 

abortion,  see  supra,  §  10. 
In    resisting   arrest    or    officers    of    justice, 

see  supra,  §  11. 

General  rules.     63  L.R.A.  354. 

Homicide  in  the  commission  of  felonies.  63 
L.R.A.  354. 

Effect  of  statutory  declaration  that  miirder 
in  the  commission  of  felony  shall  I)e 
murder  in  the  first  degree  upon  right 
of  jury  to  pass  upon  degree.  L.R.A. 
191 6D,  610. 

Begin  with  this  hook  on  every  law  question. 


HOMICIDE,  III.  c— cont'd 

Homicide  in  the  commission  of  unlawful 
acts  not  felonies.     63   L.R.A.   379. 

Homicide  in  commission  of  misdemeanor 
with  dangerous  weapons.  45  L.R.A. 
(N.S.)    219. 

Abandonment  of  unlawful  design.  63  L.R.A. 
392. 

The  indictment.     63  L.R.A.  393. 

Evidence.     63   L.R.A.   397. 

Instructions.     63  L.R.A.  401. 

The  conviction  or  acquittal.     63  L.R.A.  404. 

Is  one  causing  fright  by  unlawful  act  guil- 
ty of  homicide  because  death  follows 
fright.     16   L.R.A.  (N.S.)    327. 

Death  inflicted  while  defendant  is  yiolating 
a  municipal  ordinance.  28  L.R.A. 
(N.S.)    770. 

Homicide  in  mutual  combat  voluntarily  and 
willingly  entered  into.  45  L.R.A. 
(N.S.)    646. 

§17.  By  unlawful  act  aimed  at  an- 
other than  the  one  killed. 

The  general  rule.  63  L.R.A,  660. 

When  murder  in  the  first  degree.  63  L.R.A. 
662. 

When  murder  in  the  second  or  a  lower  de- 
gree.    63  L.R.A.  663, 

When  manslaughter.     63  L.R.A.  666. 

When  justifiable  or  excusable.  63  L.R.A. 
667. 

Assault  with  intent  to  murder  or  kill  by 
unlawful  act  aimed  at  another  than 
the  one  injured.     37  L.R.A.(N.S.)    172. 

As  affected  by  mistake  as  to  identity  of 
victim.      33   L.R.A.(N.S.)    1070, 

§  18.  In  carrying  out  unlawful  con- 
spiracy. 

Criminal   responsibility.     68   L.R.A.   193. 

The  conspiracy.     68  L.R.A.  200, 

The  common  intent  or  purpose.  68  L.R.A. 
203. 

The  degree  of  the  crime.     68  L.R.A.  211. 

The   indictment.     68   L.R.A.  214. 

Proof.     68  L.R.A.  215. 

Criminal  responsibility  of  one  who  aids  an- 
other in  assault  in  which  the  latter, 
without  his  knowledge  or  consent,  uses 
a  deadly  weapon.     23  L.R.A.  (N.S. )  273. 

Responsibility  of  one  assisting  in  burglary 
during  which  his  companion  commits 
murder.     6  L.R.A, (N.S.)   1154. 

Responsibility  of  one  assisting  in  robbery 
during  which  his  companion  commits 
murder.    45  L.R.A. (N.S.)   55. 

Absence  from  the  scene  of  homicide  as  af- 
fecting the  responsibility  of  a  party 
to  a  common  design  to  commit  another 
offense.    L.R.A.1918B,  75. 

IV.  Defenses;  provocation;  degree. 


a.  In  general. 

* 
§19.  Generally. 

As  to  responsibility  for  crime  generally,  see 

Criminal   Law,    III. 
Effect     of     threats     on     liability     for,     see 

Threats,  §  2. 


INDEX  TO  L.R.A.  NOTES. 


653 


HOMCIDE,  IV.  a— cont'd 

When  unlawful  act  aimed  at  another  than 

one   killed   is   justifiable    or   excusable. 

6.3  L.R.A.  667. 
Justifiable    homicide    in    commission    of    or 

attempt    to    commit    an    abortion.      63 

L.R.A.909;   49  LR.A.(N.S.)    582. 
Provocation    for    homicide    by    intoxicated 

person.     36  L.R.A.  476. 
Unnecessary    force    in    making    arrest    as 

provocation    for    homicide.      66    L.R.A. 

370. 
Justifiable  killing  as  defense  in  action  for 

death  intentionally  inflicted.    23  L.R.A. 

(N.S.)    996.' 

§   20.  Youth. 

Criminal  liability  of  children  generally,  see 
Cbiminal  Law,  §  7. 

Criminal  liability  of  children  for  murder, 
36  L.R.A.  200,  207. 

§  21.  Weakness  of  mind;  irresistible 
impulse. 

As  excuse  for  crime  generally,  see  Cbimi- 
jfAL  Law,  §§  8,  9. 

Weakness  of  mind  as  affecting  responsibili- 
ty for  homicide.     10  L.R.A. (N.S.)   999. 

Irresistible  impulse  as  an  excuse.  18 
L.R.A.  224;  27  L.R.A.(N.S.)  461; 
L.R.A.1918D,  794. 

§   22.  Intoxication. 

As  excuse  for  crime  generally,  see  Crimi- 
nal Law,   §   10, 

What  intoxication  will  excuse.     36  L.R.A. 

470. 
Drunkenness    as    defense    to    homicide.      13 

L.R.A.(N.S.)     1024;     25    L.R.A.(N.S,) 

376;  52  L.R.A. (N.S.)   230. 
Killing    in    self    defense    while    intoxicated. 

36  L.R.A.  476. 
Effect  of  intoxication  or  heat  of  passion  so 

as  to  mitigate  or  reduce  degree  of  crime. 

5  L.R.A.(N.S.)  825. 

§  23.  To  prevent  criminal  or  unlawful 
acts. 

Forcible  felonies  and  crimes.  67  L.R.A. 
529. 

Application  of  rules  to  particular  acts.     67 
L.R.A.  532. 
To  prevent   one  from  taking  a   child. 
L.R.A.1915A,  73. 

Misdemeanors,  crimes  without  force,  and 
trespasses.     67   L.R.A.   536. 

Attack  in,  or  trespass  or  assault  on,  dwell- 
ing.    67   L.R.A.   541. 

Defense  of  family  and  relations.  67  L.R.A, 
546. 

Prevention  as  distinguished  from  punish- 
ment.    67  L.R.A.  547. 

The  qirtstion  of  degree.     67  L.R.A.  548. 

§  2  1.  Insulting  words  or  conduct. 

Insulting  words  or  conduct  as  a  provoca- 
tion to  homicide.  4  L.R.A.  (N.S.) 
154. 

Consult  also  L.R.A.  Digests  of  Cases. 


HOMCIDE,  IV.  a— cont'd 
§   25.  Effect   of   negligence   or   laclv   of 
skill  in  treatment  or  care  of  wound. 

In  general.  22  L.R.A. (N.S.)  841;  28  L.R.A. 
(N.S.)   665;  L.R.A.1915F,  608, 

Negligent  or  unskilful  medical  or  surgical 
treatment  or  want  of  care.  22  L.R.A. 
(N.S.)    841. 

When  death  occurs  during  operation.  22 
L.R.A.(N.S.)    844. 

Effect  of  refusal  to  submit  to  operation. 
22   L.R.A. (N.S.)    84.5. 

When  death  is  due  to  negligent  act  of  de- 
ceased.    22  L.R.A. (N.S.)   845. 

Failure  to  receive  prompt  medical  or  surgi- 
cal treatment.     22  L.R.A. (N.S.)   846. 

When  death  is  due  solely  to  negligent  or 
improper  treatment,  22  L,R.A.(N.S. ) 
846. 

When  cause  of  death  is  in  doubt.  22  L.R.A, 
(N.S.)   847. 

§   26.  Defense  of  another. 

Homicide  in  defense  of  family  and  re- 
lations.    45  L.R.A.(N.S.)    145. 

Is  one  assisting  relative  in  peril  bound  by 
the  latter's  act  in  bringing  on  the  diffi- 
culty. 15  L.RA..(N.S.)  1013;  39  L.R.A. 
(N.S.)    671. 

§   2  6a.  Defense  of  dwelling. 

Homicide  to  prevent  entrance  of  dwelling. 
45  L.R.A.(N,S.)   71. 

b.  Self  defense. 

§   2  7.  Generally. 

Killing  in  self-defense  while  intoxicated,  36 
L.R.A.  476, 

Right  of  officer  to  kill  in  self-defense,  67 
L.R.A,  304, 

Self-defense  in  resisting  officer.  5  L.R.A, 
(N.S.)    1016. 

Right  to  defend  one's  self  against  an  officer 
who  does  not  disclose  his  identity  or 
character.    L.R.A.1918D,  978. 

Against  unnecessary  force  in  making  arrest, 
66  L.R.A.  367. 

Proof  of  self-defense  necessary  to  warrant 
admission  of  evidence  as  to  character 
and  reputation  of  deceased.  3  L.R.A, 
(N.S.)   355. 

Applicability  of  rule  of  reasonable  doubt  to 
self-defense  in  homicide.  19  L.R.A. 
(N.S.)  483;  31  L.R.A. (N.S.)   1166. 

Admissibility  of  evidence  of  turbulent  and 
dangerous  character  of  victim  of  homi- 
cide on  issue  of  self-defense.  L.R.A, 
1916A,  1245. 

Right  to  set  up  self-defense  in  case  of 
homicide  in  mutual  combat.  45  L.R.A. 
(N.S.)   646. 

Right  of  self-defense  against  attack  due  to 
defendant's  illicit  relations  with  wife 
or  other  relative  of  assailant.  40 
L.R,A.(N.S.)  ]3. 

§  28.  Self-defense  set  up  by  accused 
who  began  the  conflict. 

General  doctrine.     45  L.R.A.  687. 


654 


INDEX  TO  L.R.A.  NOTES. 


HOMICIDE,  IV.  b— cont'd 

What  amounts  to  provoking  or  bringing 
on  the  difficulty,  or  producing  the 
occasion.     45  L.R.A.  695. 

Threats.    45  L.R.A.  702. 

Where  relative  or  other  party  is  the  ag- 
gressor.   46  L.R.A.  703. 

In  case  of  mutual  combat.     45  L.R.A.  704. 

Former  quarrel  induced  by  deceased.  45 
L.R.A.  705. 

Burden  of  proof  of  freedom  from  fault.  45 
L.R.A.  706. 

Question  for  the  jury.    45  L.R.A.  706. 

The  question  of  withdrawal.  45  L.R.A.  707 ; 
L.R.A.1915F,  656. 

Criminal  responsibility  of  aggressor  for  ac- 
cidental killing  of  third  person  by  shot 
fired  in  self-defense  at  aggressor.  2 
L.R.A.(N.S.)   719. 

§  20.  —duty  to  retreat. 

Question  of  withdrawal  by  accused  who  be- 
gan conflict.  45  L.R.A.  707;  L.R.A. 
1915F,  656. 

Right  of  self-defense  by  one  who  is  pur- 
sued and  assaulted  after  leaving  prem- 
ises which  he  had  entered  for  an  un- 
lawful purpose.     26  L.R.A.(N.S.)    621. 

Withdrawal  from  participation  in  homicide, 
which  will  relieve  from  criminality. 
4  L.R.A.  (N.S.)  576. 

"Retreat  to  the  wall"  in  homicide.  2  L.R.A. 
(N.S.)   49. 

§   30.  —  necessity   for  killing. 

Standpoint  of  determination  as  to  danger 
and  necessity  to  kill  in  self-defense. 
3  L.R.A.(N.S.)   535. 

c.     Degree. 

§  31.  Generally. 

Conviction  of  lower  degree  as  acquittal  of 
higlier  degree,  see  Criminal  Law,  §  62. 

Effect  of  deceased's  consent  upon  degree  of 
homicide  committed  by  defendant.  15 
L.R.A.(N.S.)   988. 

Degree  of  homicide  in  killing  wife,  as  af- 
fected by  her  confession  of,  or  declara- 
tion of  intent  to  commit,  adultery.  38 
L.R.A. (N.S.)    99. 

Presumption  as  to  distinctive  elements  of 
murder  in  first  degree  from  use  of 
deadly  weapon.     34  L.R.A.  (N.S.)   74. 

Killing  or  assaulting  of  a  relative  or  friend 
of  defendant  as  a  sufficient  provocation 
to  reduce  a  homicide  to  manslaughter. 
17  L.R.A.(N.S.)    795. 

Degree  of  crime  in  case  of  homicide  by 
peace  officer  in  attempting  to  enforce 
his  commands  against  innocent  per- 
sons.    L.R.A.1918D,  379. 

Test  of  provocation  which  will  reduce  grade 
of  homicide  from  murder  to  man- 
slaughter.    7  B.  R.  C.  277. 

§  82.  Heat  of  passion  which  will  miti- 
gate or  reduce  degree. 

Effect  of  passion  generally.    5  L.R.A. (N.S.) 

809. 
Necessity  of.    5  L.R.A.(N.S.)   811, 
Begin  n-itli  this  hook  on  every  law  question. 


HOMICIDE,  IV.  c— cont'd 

Necessity  of  provocation  as  a  cause.  6 
L.R.A.(N.S.)    812. 

Malice  or  intent  to  kill  as  affecting.  5 
L.R.A.(N.S.)    813. 

Nature  and  sufficiency  of  the  passion.  5 
L.R.A.(N.S.)    815. 

Conditions  and  circumstances  indicating 
passion  or  malice  as  the  controll- 
ing   factor.      5    L.R.A. (N.S.)     818. 

Determination  as  to  existence  and  suffi- 
ciency.    5   L.R.A. (N.S.)    826. 

Killing  in  hot  blood  in  case  of  homicide  in 
mutual  combat.     45  L.R.A. (N.S.)    650. 

Proof.    5  L.R.A. (N.S.)  827. 

As  controlling  element  of  homicide  induced 
by  insulting  words  or  conduct.  4 
L.R.A.(N.S.)    158,  166. 

Responsibility  for  homicide  committed  in 
fit  of  anger.     10  L.R.A. (N.S.)    1032. 

§  33.  Question  for  jury  as  to. 

See  Trial,  §  55. 

§  34.  Conviction  of  lower  or  different 
degree. 

Conviction  of  lower  or  different  degree  in 
prosecution  for  homicide.  21  L.R.A 
(N.S.)   1;  43  L.R.A.(N.S.)   813. 

F.  Punishment. 

§   35.  Generally. 

Cruel  and  \imisual  punishment  for.  35 
L.R.A.  575;  L.R.A.1915C,  569. 


HOOKS. 

Master's  liabilitv  for  injury  by  defect  in. 
13  L.R.A.('N.S.)  678;  L.R.A.1918D, 
1141. 


HOOTING. 


As    disturbance    of    tlie    public    peace.      32 
L.RJl.(N.S.)    505. 


HOP  ALE. 

Judicial    notice    of    intoxicating    character 
of.     48  L.R.A.(N.S.)   316. 


HOPE. 

Voluntariness  of  confessions  induced  by. 
18  L.R.A.(N.S.)  804,  825;  50  L.R.A. 
(N.S.)    1086. 


HORNS. 

Blowing  of,  as  disturbance  of  public  peace. 
32   L.R.A. (N.S.)    505. 


INDEX  TO  L.R.A.  NOTES. 


655 


HORSE  PliAY. 

Injury  received  by  employee  while  indulging 
in  horse  play  as  one  arising  out  of 
liis  employment  within  the  meaning  of 
the  VVorkmen's  Compensation  Act. 
L.R.A.1917D,  123. 

Recovery  under  Workmen's  Compensation 
Acts  for  injuries  caused  by.  L.R.A. 
3918E,  504. 


HORSE    RACE. 


Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  104. 

As  proper  subject  for  exercise  of  police  pow- 
er.    L.R.A.1917E,  318. 

Power  of  state  to  prohibit  or  regulate 
liorse   racing.     25   L.R.A.(N.S.)    905. 

Horse  racing  as  a  game  within  gambling 
statutes.  7  L.R.A.  ( N.S. )  899 ;  33  L.R.A. 
(N.S.)    828. 

Oral  betting  as  violation  of  statute  against 
bookmaking.     25  L.R.A. (N.S.)    479. 

Liability  of  municipal  corporation  for  fail- 
ure to  prevent  racing  in  streets.  23 
L.R.A.(N.S.)    641. 

Liability  of  proprietor  for  injury  to  patron. 
1  L.R.A.(N.S.)   427;  L.R.A.1915F,  690. 

Effect  of  award  founded  on  agreement  as 
to.     58  L.R.A.  183. 


HORSE   RAILROADS. 

As  additional  burden  in  street.     17  L.R.A. 
477;   36  L.R.A.(N.S.)    718. 


HORSES. 

I.  In  general,  §§  1-6. 
II.  Fright  of;  running  away;  injuries 
due  to,  §§  1-14:. 

I.  In   general, 

§    1.  Generally. 

As  to  animals  generally,  see  Animals. 
Liability  of  bailee  of,  see  Bailment,  §  6. 
Liability  of  bailor  of,  see  Bailment,  §  12. 
Regulation  of  vehicles  drawn  by,  see  High- 
ways, §§  45,  40. 
As  to  liorse  race,  see  Horse  Race. 
As  to  horse  trade,  see  Horse  Trade. 
Stable  for,  see  Livery  Stable. 

Evidence  as  to  disposition  of  horse  prior 
to   accident.     32   L.R.A. (N.S.)    1159. 

Fixing  Iho  extent  of  liability  of  the  several 
obligors  to  an  agreement  relating  to 
purciiase  of  horses  as  making  it  joint 
and  several  or  several.  L.R.A.1915B. 
224. 

Duty  and  liability  of  operator  of  automo- 
bile with  respect  to  horses  encountered 
on  highway.     48  L.R.A.(N.S.)  946. 

False  pretenses  in  misrepresenting  the 
quality,  condition  or  status  of  the  sub- 
ject of  a  horse  trade.  49  L.R.A.(N.S.)  , 
57(1. 

Commit  also  L.R.A.  Digests  of  Cases. 


HORSES,  I.— cont'd 
§    2.  Warranty  of. 

Damages  for  breach  of  warrantv,  see  Dam- 
ages, §  116. 

Warranty  of  horse  kept  for  hire.  19  L.R.A. 
283. 

What  amounts  to  a  breach  of  warranty  of 
soundness  of  a  horse.  32  L.R.A. (N.S.) 
182. 

Remedy  for  breach  of  warranty  of  horse 
where  its  death  prevents  its  return 
and  substitution  of  another  as  pro- 
vided by  the  contract.  25  L.R.A. (N.S.) 
823. 

§   3.  Exemption  of. 

See  Exemptions,  §  4a. 

§   4.  Hiring  of. 

Liability  of  hirer,  see  Bailment,  §  6. 
Liability  to  hirer,  of  one  letting  horse,  see 
Bailment,  §  12. 

§   6.  Hitching  of. 

See  Highways,   §  20;   Negligence,   §  27. 

II,  Fright  of;  running  away;  injuries 
due  to. 

%   7.  Generally. 

Vicious  character  of  hired  horse,  see  supra, 

§  5. 
Fright   of    animals   generally,   see   Fright, 

§   1. 
Effect  of   fright  of  horse  on   liability  for 

injury  by  defective  highway,  see  High- 
ways, §  58. 
Liability  of  municipality  for  injury  due  to 

objects    calculated    to    frighten    horse, 

see  Highways,  §  67. 
Proximate  cause   of   injury  through   friglit 

of  horse,  see  Proximate  Cause,  §§  19, 

20. 

Duty  of  driver  of  horse  that  is  running 
away.     35  L.R.A. (N.S.)    148. 

Liability,  in  absence  of  negligence,  for 
damage  by  runaway  horse.  37  L.R.A. 
(N.S.)   718. 

Liability  for  death  of  or  injury  to  one  at- 
tempting to  stop  runaway  horse.  L.R.A. 
1917C,  1083. 

Fright  of  team  as  excuse  for  omission  to 
look  and  listen  at  railroad  crossing. 
21    L.R.A.(N.S.)     415. 

Liability  to  patron  of  public  exhibition 
for  injury  due  to  collision  with 
frightened  horse.     1  L.R.A. (N.S.)   427. 

What  deemed  to  be  proximate  cause  of  in- 
juries following  a  runaway.  5  L.R.A. 
(N.S.)    373. 

Liability  for  injury  to,  from  fright  caused 
by  wrongful  act.     L.R.A.1917C,  991. 

Liability  for  injuries  in  consequence  of 
fright  of  horse  not  on  highway  because 
of  an  improper  use  of  highway.  L.R.A. 
1918D,  571. 

Liability  for  frightening  horse  to  death. 
23  L.R.A.(N.S.)    183. 

Duty  to  avoid  itijury  to  person  driving 
frightened  horse.     69  L.R.A.  528. 


656 


INDEX  TO  L.R.A.  KOTES. 


m     consequence 
by     blasting. 


36 


HORSES,  II.— cont'd 

Liability     for     injury 
jri<j[htening     horse 
L.rv.A.(N.S.)     54. 

Vicious  clmracter  of  horse  as  aflfecting  lia- 
bility for  injuries  caused  bv  frighten- 
ing of  horse.     22  L.R.A.{N.S.)    1229. 

Liability  of  public  service  corporation  for 
frightening  horses  by  construction  ap- 
paratus in  street.  28  L.R.A.(N.S.) 
942. 

Liability  for  placing  near  highway  object 
calculated  to  frighten  horse.  12  L.R.A. 
(N.S.)    1152. 

Liability  for  frightening  horses  by  paper 
or  other  objects  liable  to  be  set  in  mo- 
tion by  wind.     L.R.A.1915D,  617. 

Duty  to  prevent  escape  of  steam  from  en- 
gine in  highwav  so  as  to  frighten 
horses.     31  L.R.A.  (X.S.)    1209. 

Sufficiency  of  general  allegations  of  negli- 
gence towards  persons  by  frightening 
horses.      59   L.R.A.   230. 

Presumption  of  negligence  from  runaway. 
23  L.R.A.(N.S.)  171;  39  L.R.A.  (N.S.) 
574. 

Evidence   that  horses   had   been   previously 
■     frightened    by    the    same    object.      32 
L.R.A.(N.S.)    1159. 

8   8.  By  bicycle. 

Liability  of  bicvclist  for  frightening  horses. 
47  L.R.A.  295. 

8   9.  By  antomobile. 

Contributory  negligence,  see  infra,  §  14. 

Duty  and  liability  of  operator  of  auto- 
mobile with  respect  to  horses  encoun- 
tered on  highway.  1  L.R.A.  (r.S.)  223, 
224;  14  L.R.A.(N.S.)  251;  48  L.R.A. 
(N.S.)   946. 

8   10.  ^j  railroad  train  or  locomotive. 

Liability  of  company  for  wrongful  use  of 

whistle  by  employees.     27  L.R.A.  187. 

Liability  for  frightening  animal  to   death. 

23  L.R.A.(N.S.)    183. 
Liability  of  railroad  company  for  frighten- 
ing horse   on   highway   by   flagman   or 
warning    device    at    crossing.      L.R.A. 
1917C,  982. 

Liability  of  railroad  company  for  frighten- 
ing horse  on   highway  by  engine,   car, 
etc.,    on    or    near    crossing.      3    L.R.A. 
(N.S.)    Ill;    42    L.R.A. (N.S.)    .368. 
Frightening  horse   on   highway  by   locomo- 
tive, car,  or  train  running  parallel 
'         therewith.      33    L.R.A. (N.S.)     123. 
Liability  for  discharge  of   steam   in   street 
or     highway     so     as     to     frighten 
horses.      23    L.R.A. (N.S.)    946. 
Liability  of  railway  company  for  frighten- 
ing horse  by  escape  of  steam  from  en- 
gine   standing    on    highway    crossing. 

24  L.R.A.(N.S.)    1202. 
Liability    of    railroad    company    operating 

trains  or  cars  longitudinally  along  pub- 
lic   street    for    frightening    horses    by 
blowing  off  of  steam  or  causing  other 
noises.     49  L.R.A. (N.S.)    677. 
Begin  with  this  hooTc  on  every  law  question. 


I  HORSES,  II.— cont'd 
of  I  Duty  of  trainmen  where  animals  are  fright- 


ened by  train,  but  are  not  struck 
by  it.     46  L.R.A. (N.S.)   430. 
Sufficiency    of   general    allegations   of    rail- 
road's negligence  by  frightening  horses. 
59    L.R.A.   230. 

§    11.  By  street  car. 

Generally.  34  L.R.A.  482;  21  L.R.A. (N.S.) 
283;    48  L.R.A. (N.S.)    823. 

Bv  bells,  gongs,  and  whistles.  34  L.R.A. 
485;    21  L.R.A. (N.S.)    286. 

By  steam.     34  L.R.A.  486. 

Unusual   noises.     21    L.R.A.(N.S.)    286. 

Excessive  speed.     21   L.R.A.  (N.S.)    286. 

Unusual  sounds  and  sights.  21  L.R.A. 
(N.S.)   287. 

Frightening  horse  on  highway  by  car  run- 
ning parallel  therewith,  33  L.R.A. 
(N.S.)    123. 

Duty  towards  person  whose  horse  has  been 
frightened  by  the  sounding  of  gong.  69 
L.R.A.  530. 

Liabilitv  for  placing  near  highwav  object 
calculated  to  frighten.  12  L.R.A. (N.S.) 
1152. 

Liability  of,  for  frightening  horses  by  con- 
struction apparatus  in  street.  28 
L.R.A.(N.S.)  942. 

Contributory  negligepce.  34  L.R.A.  486; 
21   L.R.A.(N.S.)    288. 

§12.  Master's  liability  for  injury  by 
horse  used  by  servant. 

Master's  liability  for  injury  by  horse  when 
used  bv  servant  for  his  own  business  or 
pleasure.     9  L.R.A. (N.S.)    1033. 

§  13.  Master's  liability  for. injury  to 
servant. 

Duty  to  warn  servant  against  vicious  horse. 
3  L.R.A.(N.S.)  209. 

Servant's  assumption  of  risk  or  contribu- 
tory negligence  in  using  unsafe  horse. 
18  "L.R.A. (N.S.)    695. 

§    14.  Contributory  negligence. 

Contributory  negligence  of  driver  of  horf^e 

encountering    automobile    on    highway. 

1   L.R.A.(N.S.)    228;    31   L.R.A. (N.S.) 

1137;   50  L.R.A.(N.S.)    566. 
In  case  of  fright  by  street  car.     34  L.R.A. 

486;    21   L.R.A,(N.S.)    288;    48  L.R.A. 

(N.S.)  823. 


HORSE  STEAIilXG. 


Cruel    and    unusual 
L.R.A.  573. 


punishment    for.      35 


HORSE    TRADE. 


False  pretenses  in  misrepresenting  the  qual- 
ity, condition  or  status  of  the  subject 
of  a  horse  trade.    49  L.R.A. (N.S.)   576. 


INDEX  TO  L.R.A.  NOTES. 


65i 


HOSPITAL  RECORDS. 

Are  liospital  records  within  the  privilege 
extended  to  communications  between 
physician  and  patient.  14  L.R.A,  (N.S.) 
565. 


HOSPITALS. 


§   1.  Generally. 

Records  of,  see  Hospital  Records. 
Insane  Asylums,  see  Insane  Asylums. 

Right  of  woman  to  be  officer  of.  38  L.R.A. 
211. 

Power  to  provide  for  contagious  diseases. 
26  L.R.A.  727. 

Right  of  occupants  of,  to  acquire  residence 
as  voters.  23  L.R.A.  215;  40  "L.R.A. 
(N.S.)    169. 

Exemption  from  suit,  as  agency  of  state. 
35  L.R.A.  (N.S.)    243. 

Injured  servant's  right  to  recover  for  mas- 
ter's delay  in  taking  him  to  hospital. 
7  L.R.A. (N.S.)    997. 

Requiring  payment  for  patient  as  affecting 
right  of  hospital  to  public  aid  or 
exemption  from  taxation.  29  L.R.A. 
(N.S.)    190. 

Erection  of,  as  violation  of  restrictive  cove- 
nant in  deed.     41  L.R.A.  (N.S.)   617. 

Liability  for  detaining  patient  at  hospital 
against  his  Avill.     L.R.A.1915D,   61J. 

Who  may  or  must  be  admitted  to  private 
hospital  or  hospital  maintained  prim- 
arily for  benefit  of  special  class.  L.R.A. 
1918D,  561. 

§  2.  As  nuisance;  objections  to  loca- 
tion of,  in  neighborhood. 

As  nuisance,  see  Nuisances,  §  7. 

Injunction  against,  by  local  authorities. 
41  L.R.A.  324. 

Use  of  building  for,  as  violation  of  general 
restrictive  covenant  against  use  for 
purpose  offensive  or  detrimental  to 
neighborhood.     9  L.R.A. (N.S.)    1039. 

Right  of  property  owner  to  complain  of  lo- 
cation of  contagious  disease  hospital  in 
neigliborhood.  5  L.R.A.  (N.S.)  1028; 
25  L.R.A. (N.S.)    228. 

Right  of  municipality  to  establish  con- 
tagious disease  hospital  beyond  city 
limits.     18  L.R.A. (N.S.)   260. 

§  3.  Sending  of,  or  commitment  of, 
persons  to. 

For  insane;    commitment  in,  see  Incompe- 
tent  Persons,   §   17. 
Sending  to  pest  house,  see  Health,  §  2. 

§   4.  Liability  for  negligence  or  tort. 

Liability  of  charitable  institutions  includ- 
ing charitable  hospitals,  for  personal 
injuries,  see  Charities,  §  12. 

Liability  for  damages  for  performing  un- 
authorized autopsy.     L.R.A.]  918D,  404.  ' 

Liability  of  hospital  for  loss  or  theft  of 
property  of  patient.  L.R.A.1918A, 
1157. 


HOSPITALS— cont'd 

Liability  of,  for  negligence.     23  L.R.A.  200. 

Master's  liability  for  effect  of  hospital  treat- 
ment of  seaman.     28  L.R.A.  5.')5. 

Liability  of  proprietor  of  private  sanita- 
rium or  hosjiital  for  negligence  of  nurse 
or  attendant.  6  L.R.A.  (N.S.)  306; 
L.RA.1915D,  334. 

Liability  of  operating  surgeon  for  negligent 
act  of  int<'rne  or  hospital  nurse  in  ear- 
ing for  patient.  27  L.R.A.(N.S.)  1174; 
L.R.A.1918C,  134. 

Liability  for  negligence  of  attendants  fur- 
nished by  relief  department  toward 
which  employees  contribute.  17  L.R.A. 
(N.S.)  1167';  30  L.R.A.  (N.S.)  1207; 
48  L.R.A. (N.S.)   531. 


HOSPITAL  SERVICES. 

As  element  of   recovery  under   Workmen's 
Compensation  Act.     L.R.A.1917D,   178. 


HOSTILITY. 


As   element  of  adverse  possession,  see  Ad- 
verse Possession,  §  13. 

Of   stockholder,   effect   on   right   to    inspect 

corporate  books.     45  L.R.A.  463. 
Order  for  physical   examination  by   hostile 

physician   as   abuse   of   discretion.      15 

L.R.A.(N.S.)  665. 
Right  of  party   calling  to   impeach   hostile 

witness.     21  L.R.A.  423. 
Permitting  hostile  crowd  in  court  room  as 

denial  of  fair  triaL     39   L.R.A. (N.S.) 

667.' 


HOT   AIR  FURNACE. 

As  part  of  realty.     1  B.  R.  C.  972. 


HOTCHPOT. 


Bringing  advancements  into  .  hotchpot  in 
cases  of  partial  intestacy.  4  B.  R.  C. 
268. 


Consi::!  also  L.T1..1.   DUjests  of  Caacfi.    42 


HOTELS. 

In  general,  see  Innkeepers. 

Servants  in,  as  fellow  servants.  50  L.R.A. 
461. 

Master's  liability  for  negligence  of  super- 
vising employee  employed  pursuant  to 
statute.     41   L.R.A.(N.S.)    L58. 

Right  to  claim  homestead  in  property  used 
as.     41  L.R.A. (N.S.)    303. 

As  violation  of  restrictive  covenant  in  deed. 
41  L.R.A.(N.S.)   625. 


C58 


HOTEI^S— cont'd 

liiglit    to    use    railroad    right    of    way    for 

purpose  of  as  against  owner  of  fee.     36 

L.K.A.(N.S.)    517. 
Hiring  room  in  hotel  as  affecting  domicil 

or  residence.    L.R.A.1917D,  788. 


INDEX  TO  L.R.A.  NOTES. 

HOUSE   OF   ILL  FAME. 

See  Disorderly  Houses, 

♦-•"♦^ 


HOT   WATER. 


Doctrine  of  attractive  nuisance  as  applied 
to  injury  from  hot  water.  3  L,R.A. 
(N.S.)   149;  19  L.R.A.(N.S.)   1124. 


♦•» 

HOT  WATER  HEATER. 

As  part  of  realty.     1  B.  R.  C.  972. 
♦  *♦ 


HOUND. 


See  Animals. 


HOURS  OF  LABOR. 

See  Master  and  Servant,  §§  32,  33. 


HOUSE. 


What  passes  under  bequest  of  contents  of 

Eroperty     and     effects     contained     in. 
..R.A.1915C,  653. 


HOUSEHOLDER. 


Necessity  that  grand  juror  be.     28  L.R.A. 

197. 
Servant  as.     4  L.R.A.{N,S.)    707,  711,  713, 

722. 

♦-•-♦ 


HOUSEHOLD  GOODS. 

As  baggage.     39  L.R.A.(N.S.)    634. 
Location  of,  as  affecting  insurance  on.     26 

L.R.A.  239. 
As   a  family  expense   or  necessary  within 

statute  rendering  wife  or  her  property 

liable  therefor.     L.R.A.1917F,  863. 
Measure  of  damages  for  loss  or  conversion 

of  or  injury  to.     L.R.A.1917D,  495. 


HOUSE  OF  CORRECTION. 


HOUSE  OF  REFUGE. 

Confinement     in,     as    cruel     and    unusual 
punishment.     35  L.R.A.  567. 


HOUSE  PLANTING. 

Right  to  allowance  for  improvements  made 
with  knowledge  that  property  would  be 
required  for  public  use.  36  L.R.A. 
(N.S.)  273. 


HUCKSTERS. 


See  Peddlers. 


HUGGING. 


Cruel  punishment  in.    35  L.R.A.  567. 
Confinement  in,  as  cruel  and  unusual  pun 

ishment.      L.R.A.1915C,    563. 
Begin  witJi  this  booTc  on  every  law  question. 


Mental  anguish  as  element  of  damages  for 
hugging  woman  against  her  will.  33 
L.R.A.(N.S,)    98, 


HUGHES'  LEMON  GINGER. 

Judicial    notice    of    intoxicating    character 
of.     48  L,R,A.(N,S,)    316, 


HUMANE   OFFICERS. 

Constitutionality  of  statutes  authorizing 
seizure  of  animals  by.  15  L.R,A,  (N,S.) 
554. 


♦  •» 


HUMANITARIAN  DOCTRINE. 

See  Negligence,  §§  50-52. 

*-—• 

HUMILIATION. 

As  element  of  damages,  see  Damages,  §§  96- 
106. 


HUNTING. 


Injunction  against  hunting  on  navigable 
waters  or  against  interference  there- 
with, 17  L.R.A. (N.S,)  1236;  38  L,R,A. 
_  (N,S,)    286, 

Civil  liability  for  negligent  discharge  of 
firearms.  4  L,R,A.  (N,S,)  13  9;  26 
L.R,A,(N.S,)    134;  L,R.A.1915E,  267. 


INDEX  TO  L.R.A.  NOTES. 


659 


HUNTING— cont'd  ) 

Nature  and  extent  of  right  created  by  pri- 
vate grant  of  hunting  privilege.  40 
L.R.A.(N.S.)    300. 

Oriminal  character  of  homicide  by  accident 
while  hunting.     1  L.R.A.(N.S,)    991. 

As  violation  of  Sunday  laws.  30  L.R.A. 
(N.S.)   470. 

Pursuit  of  game  as  justification  for  entry 
on  land  of  another.  20  L.R.A.(N,S.) 
152.  • 

#•» 

HUNTING  PRESERVE. 

Applicability  to  keeper  of,  of  Workmen's 
Compensation  Acts.    L.R.A.1918F,  202. 


HURRICANE. 


Causes  of  loss  covered  by  hurricane  insur- 
ance.    L.R.A.1915B,  1094. 

^«  » 


HUSBAND    AND    WIFE. 

I.  In  general,  §§  1-4:. 
II.  Husband's    rights    and    liabilities, 
§§  5-11. 

a.  Rights,  §  5. 

b.  Liabilities,  §§  6-11. 

III.  Wife's  rights,  disabilities,  and  lia- 

bilities, §§   12-25. 

a.  Rights  and  disabilities  gen- 

erally, §§  12-14. 

b.  Power  to  contract,  §§  15-19. 

c.  Liabilities,  §§  20-25. 

IV.  Property  rights,  §§  26-44. 

a.  In  general,  §26. 
6.  Tenancy    by    the    entireties, 
§  27. 

c.  Community  property,  §§  28- 

32. 

d.  Wife's    separate    estate,    §§ 

33-37. 

e.  Conveyances  to  wife  by  third 

persons,    §    3  8. 
/.  Conveyances  or  mortgages  to 

third  persons,  §§  38a-42. 
g.  Fraud  on  marital  rights,  §§ 

43,  43a. 
h.  Rights  of  creditors,  §  44. 
V.  Transactions  bettveen,  §§  45-61. 
a.  In  general,  §§  45-48. 
h.  Gifts;  timsts,  §§  49-53. 

c.  Partnership  between,  §  54. 

d.  Antenuptial    contract;    mar- 

riage settlement,  §§  55-61. 

VI.  Actions,  §§   62- 69a. 

a.  In  general,  §  62. 

b.  For      personal      injut^      or 

death,  §§  63-65. 

c.  Alienation  of   affections,    §§ 

66,  67. 

d.  Crim,inal  conversation,  §  68. 

e.  Actions  between,  §§  69,  69a. 

VII.  Ahandonm,ent ;  nonsupport,  §§  70, 

71. 

I.  In  general. 

§    1.  Generally. 

Breach  of  promise  see  Breach  of  Pbomise. 

Divorce  or  separation,  see  Divobce  and  Sep- 
aration. 

Marriage,  see  Marriage. 

Power  to  dispose  of  private  property,  see 
Constitutional  Law,  §  28. 

Conxull  also  T..T{.A.  Digests  of  Cases. 


HUSBAND  AND  WIFE,  I.— cont'd 

Implied  contract  to  pay  for  services  of,  see 
Contracts,  §  5, 

Domicil  of  married  woman,  see  Domicil 
AND  Residence,  §  3. 

Presumption  and  burden  of  proof  as  to  mat- 
ters between,  see  Evidence,  §  111. 

Privileged  character  of  communications  be- 
tween, see  Evidence,  §  223. 

Improvements  by,  see  Improvements,  §  8. 

Conclusiveness  against  one,  of  judgment 
-    against  the  other,  see  Judgment,  §  45. 

Revocation  of  will  of,  see  Wills,  §§  36,  37. 

As  witnesses,  see  Witnesses,  §§  17-21. 

Allowance  for  mental  anguish  because  of 
negligence  in  transmission  of  telegram 
relating  to  illness  or  death  of  husband 
or  wife,  see  Damages,  §  102. 

When  are  husband  and  wife  living  together 
within  meaning  of  workmen's  compen- 
sation act.     L.R.A.1916A,  370. 

Wife  as  an  "employee"  of  husband  within 
meaning  of  Workmen's  Compensation 
Acts.     L.R.A.1918F,   205. 

Common-law  wife  as  a  "dependent"  within 
meaning  of  Workmen's  Compensation 
Statutes.     L.R.A.1918F,  484. 

Personal  contributory  negligence  of  wife 
riding  in  vehicle  driven  or  controlled 
by   husband.      L.R.A.1915E,    232. 

Notice  to  husband  or  wife  to  redeem  from 
tax  sale.     44  L.R.A.(N.S.)    679. 

Admissibility  of  finding  of  coroner  to  prove 
that  one  spouse  predeceased  the  other. 
45  L.R.A.(N.S.)    408. 

Telegraph  company's  duty  as  to  discovering 
sendee  of  message  acldressed  to  married 
woman.     22  L.R.A.(N.S,)    765. 

Survivor's  right  to  compel  or  restrain  re- 
moval of  remains  of  deceased  spouse.  3 
L.R.A.{N.S.)  488. 

Necessity  for  administration  in  devolution 
of  personalty  as  to  decedent's  husband/ 
or  wife.     15  L.R.A.  495.  1 

Estoppel  of  tenant's  wife  to  deny  landlord's 
title.     30   L.R.A.(N.S.)    1102. 

Omitting  part  of  will  of  married  woman 
from  probate.    34  L.R.A.(N.S.)  973. 

Marketability  of  title  where  deed  is  not 
executed,  or  is  improperly  executed  by 
husband  or  wife.     38  L.R.A.(N.S.)   20. 

Assault  on  wife  as  sufficient  provocation  to 
reduce  homicide  to  manslaughter.  17 
L.R.A.(N.S.)  795. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  married 
women's  acts.    40  L.R.A.(N.S.)  431. 

§  2.  Alien  wife. 

Effect  of  marriage  on  wife's  status  as  an 
alien.  22  L..R.A.  148;  L.R.A.1916D, 
132. 

Right  of  alien  wife  of  alien  to  naturaliza- 
tion.    29  L.R.A.(N.S.)    829. 

§   3.  Marital   infidelity. 

As  to  adultery  generally,  see  Adultery. 
As  ground  for   divorce,   see  Divorce  and 
Separation,  §  22. 

Belief  in  marital  infidelity  as  insane  delu- 
sion.   37  L.R.A.  273. 

Assault  to  prevent  seduction  of,  or  commis- 
sion of  adultery  with,  wife  in  future. 
18  L.R.A.(N.S.)   688. 


660 


INDEX  TO  L.R.A.  NOTES. 


HUSBAND  AND  WIFE,  I.— cont'd 

Degree  of  homicide  in  killing  wife  as  affect- 
ed by  her  confession  of,  or  declaration 
of  intent  to  commit  adultery.  38  L.R.A. 
(N.S.)    99. 

Right  of  self-defense  against  attack  due 
to  defendant's  illicit  relations  with 
wife  or  other  relative  of  assailant.  46 
L.R.A.(N.S.)   13. 

Construction  and  effect  of  provisions  requir- 
ing prosecution  for  adultery  to  be  on 
complaint  of  husband  or  wife.  -19 
L.R.A.(N.S.)   786. 

Proof  necessary  to  establish  bastardy  of 
child  born  to  married  woman.  36 
L.R.A.(N.S.)    255. 

§  4.  Contracts  of  husband  or  wife  with 
third  person. 

Contracts  between  husband  and  wife,  see 
infra,  V. 

Conveyances  or  mortgages  to  third  persons, 
see  infra,   §§   39-42. 

Validity  of  contract  to  pay  debt  of  mar- 
ried woman,  see  Contracts,  §  83. 

Contracts  procured  by  threats  of  prosecution 

of    husband.       20    L.R.A.  (N.S.)     484; 

L.R.A.1915D,  1118. 
Validity  of  contract  by  third  person  to  pay 
one   spouse  to   return   to   the   other.      31 

L.R.A. (N.S.)   441. 
Wife  as  agent  of  husband  in  contracting  for 

services  of  other  persons.    L.R.A.1918F, 

25. 

//.  Husband's  rights   and   liabilities, 
a.  Rights. 

§   5.  Generally. 

Husband  as  agent  for  wife,  see  infra,  §  15. 
Property  rights,  see  infra,  IV. 
Right  of  action,  see  infra,  VI. 
Insurable    interest    of    husband    in    wife's 
property,  see  Insurance,  §  25. 

Insurable  interest  of  husband,  as  such,  in 
life  of  wife.    2  B.  R.  C.  410. 

Avoidance  of  contract  of  either  spouse  in- 
duced by  threats  to  prosecute  the  other. 
26  L.R.A.  60. 

Waiver  by  husband  of  stipulation  in  build- 
ing contract  with  wife  that  alterations 
or  extras  must  be  ordered  in  writing. 
48  L.R.A.(N.S.)   582. 

b.  Liabilities. 

§   6.  Generally. 

Liability  of  property,  see  infra,  IV. 
Liability  for  nonsupport,  see  infra,  VII. 
Liability    for    alimony,    see    Divorce    and 
Separation,  V. 


HUSBAND  AND  WIFE,  II.  b— cont'd 
§7.  For  necessaries.  ^ 

Furnished  to  infant,  see  Infants,  §§  18,  19.. 

Liability  for  money  loaned  to  wife  to  buy 
necessaries.     23  L.R.A.  132. 

Husband's  liability  for  services  rendered  to- 
wife  in  divorce  suit.  24  L.R.A.  629*,. 
L.R.A.1915C,  467. 

Conclusiveness  as  to  third  persons  in  ac- 
tion for  n(!cessar^s  of  decree  in  suit 
for  divorce  or  annulment  as  to  facts 
adjudicated  as  distinguislied  from 
status  established.  38  L.R.A.  (N.S.) 
560. 


§8.  —  necessaries        furnished        wife 
while  living  with  husband. 

In  general.    65  L.R.A.  529;  47  L.R.A. (N.S.) 

279;  7  B.  R.  C.  396. 
Personal   necessaries.      65    L.R.A.    529;    47 

■    L.R.A. (N.S.)   279. 
Family    necessaries.      65    L.R.A.    532;    47 

L.R.A. (N.S.)    280. 
Husband's  liability  affected  by  style  of  life 

he  adopts.     65  L.R.A.  534;    47  L.R.A. 

(N.S.)   281. 
Presumptive  agency  arising  from  cohabita- 
tion.    65  L.R.A.  539;   47  L.R.A. (N.S.) 

281. 
Authority  implied  from  husband's  assent  to 

previous  transactions.     65  L.R.A.  548; 

47  L.R.A.(N.S.)    282;   7  B.  R.  C.  407. 
Liability  of  husband  by  reason  of  estoppel 

or    ratification.      65    L.R.A.    549;     47 

L.R.A.(N.S.)  282;  7  B.  R.  C.  407. 
When  husband  is  an  infant.     65  L.R.A.  550, 
Money  loaned  wife  to  purchase  necessaries. 

65  L.R.A.  550;  47  L.R.A. (N.S.)    283. 
In  absence  of  certainty  as  to  whom  credit 

was  given.     65  L.R.A.  551;   47  L.R.A. 

(N.S.)   283. 
Statutes.     65  L.R.A.  551;  47  L.R.A.  ( N.S.  > 

283;  7  B.  R.  C.    396. 
Funeral    expenses    and    medical    attendance 

during  wife's  last  sickness.     47  L.R.A. 

(N.S.)    283. 
Liability  for  necessaries  furnished  reputed 

wife.     L.R.A.  1917B,  1290. 

§   8a.  — necessaries       furnished       wife 

vvliile   living:   apart  from  husband- 
Separation  through  fault  or  misconduct  of 

husband.     L.R.A.1917A,  958. 
Separation  through  fault  or  misconduct  of 

wife.     L.R.A.1917A,  963. 
Separation  bv  mutual  consent  or  agreement. 

L.R.A.19"^17A,  965. 
Liability  for  necessaries  furnished  pending 

suit  for  divorce.     L.R.A.1917A,  966. 
Effect  of  wife  having  means  of   her   own. 

L.R.A.1917A,   967. 


Ratification  by  husband,  see  Ratification,    ^^^y  of  tradesmen  to  make  inquiry  as  to 


§2 

Homicide  by  excessive  chastisement  of  wife. 

60  L.R.A.  803. 
Liability    of   estate   of   husband   for   wife's 

funeral     expenses.       52     L.R.A.  (N.S.) 

1154. 
Begin  with  this  booTc  on  every  law  question. 


husband's  liability.     L.R.A.1917A,  968. 
Necessity  for  and  effect  of  notice  not  to  give 

wife  credit.    L.R.A.1917A,  968. 
Burden  of  proving  liability.     L.R.A. 1917A, 

969. 
Effect    of    agreement    by    husband    to   pay. 

L.R.A.1917A,  970. 


INDEX  TO  L.R.A.  KOTES. 


G61 


HUSBAND  AND  WIFE,  II.  b— cont'd 
§   9.  For  debts  of  wife. 

Liability  for  fees  of  wife's  counsel  in  di- 
vorce suit,  see  Divorce  and  Sepab- 
ATION,  §§  39-40a. 

Husband's  liability  for  money  loaned  to  wife 
to  buy  necessaries.     23'L.R.A.  132. 

Validity  of  husband's  express  promise  to 
pay  debt  previously  contracted  by  wife. 
7  L.R.A.(N.S.)    1048. 

§10,  —antenuptial    indebtedness. 

Effect  of  intermarriage  between  debtor  and 
creditor  upon  the  indebtedness.  21 
L.R.A.(N.S.)    683;    L.R.A.1915D,    1126. 

Liability  of  community  property  for.  19 
L.R.A.  235. 

§    11.  For  torts  of  wife. 

Liability  for  libel  or  slander  by  wife,  see 
Libel  ais'd  Slander,  §  5. 

Effect  of  married  women's  acts  upon  hus- 
band's liabilitv  for  wife's  torts.  14 
L.R.A.(N.S.)  '1003:  25  L.R.A.  (N.S.) 
840;    L.R.A.1915A,  491. 

Liability  of  community  property  for.  36 
L.R.A. (N.S.)    88.    '        .      ' 

Liability  for  wife's  conduct  in  alienating 
affection  of  another's  hiisband.  L.R.A. 
19 18 A,  517. 


Ill,  Wife's  rights,  disabilities,  and  lia- 
hilities. 


a.  Rights  and  disabilities  generally. 

§12.  Generally. 

Property  rights,  see  infra,  IV. 
Right  of  action,  see  infra,  VI. 
Acknowledgment    by    married    woman,    see 

Acknowledgment. 
Estoppel  of  married  woman,  see  Estoppel, 

§§  4,  8. 
Civil  remedies  of  wife  for  sale  of  liquor  to 

husband,    see    Intoxicating    Liquors, 

§  41. 
Wife's  right  to  redeem  from  foreclosure  sale, 

see  Mortgage,  §  88. 
Capacity  of  married  woman  to  make  will, 

see  Wills,  §  12. 
Effect  of  disability  of  coverture  on  rimning 

of  limitations,  see  Limitation  of  At- 

TIONS,  §  46. 

Removal  of  disabilitieis  as  affecting  rule  re- 
garding revocation  of  woman's  will  by 
marriage.    L.R.A.1918B,  943. 

Validity  and  effect  of  deed  or  mortgage  by 
married  woman  executed  in  blank  as 
to  the  land  to  be  conveyed.  L.R.A. 
1918A,  1156. 

Effect  of  retaining  statement  of  account  be- 
tween husband  and  wife  to  render  it  an 
account  stated.     29  L.R.A.  (N.S.)    34L 

Right  of  husband  to  prevent  wife  engaging 
in  a  separate  business  in  competition 
with  his  own  business.  32  L.R.A.  (N.S.) 
837. 

Wife  as  witness  before  grand  jury.  28 
L.R.A.  322. 

Consult  also  L.R.A.  Digests  of  Cases. 


HUSBAND  AND  WIFE,  III.  a— cont'd 

Effect  of  consent  of  beneficiary  wlio  is  a 
married  woman  on  personal  liability 
of  a  trustee  for  losses  to  trust  estate 
from  investments.  44  L.K.A.  (N.S.) 
987. 


§   13.  Right  to  insure  husband's  life. 

See  Inslrance,  §  31. 

§    14.  Insanity  of  husband  as  aCfecting 
wife's  disability. 

Generally;    wife    as    head    of    family.      34 

L.R.A.  223. 
As  to  separate  property  and  rights  of  wife. 

34  L.R.A.  224. 
As  to  dower  rights.     34  L.R.A.  224. 
As  to  community  property.     34  L.R.A.  225. 
As  to  property  and  rights  of  husband.     34 

L.R.A.  22B. 


b.  Power  to   contract. 

§   15.  Generally. 

Power  to  contract  with  husband,  see  infra, 
V. 

Power  to  make  antenuptial  contract,  see  in- 
fra, §§  55-60. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  12. 

Ratification  of  married  woman's  contracts, 
see  Contracts,  §  111. 

Wife's  statement  of  account.    27  L.R.A.  819. 

Ownership  of  separate  estate,  trade,  or  busi; 
ness  as  a  condition  of  married  woman's 
right  to  contract.     4  L.R.A. (N.S.)   547. 

Effect  of  mistake  of  law  as  to  contract  of 
married  woman  as  ground  of  reforma- 
tion.   28  L.R.A.(N.S.)  873. 

Power  of  married  woman  to  become  member 
of  partnership.  L.R.A.1916D, 
1233. 

Validity  of  contract  by  married  woman  in- 
capable of  binding  herself  as  surety, 
to  indemnify  one  against  liability  as 
surety  for  a  third  person.  L.R.A. 
1915B,  1116. 

Competency  to  enter  into  arbitration  agree- 
ment.'47  L.R.A.  (N.S.)  345. 

Power  of  married  women  to  compromise  or 
settle  a  bastardy  proceeding.  L.R.A. 
1918D,  303. 

§    16.  As  surety. 

Obligation  purporting  to  be  that  of  married 
woman  as  principal,  which,  to  knowl- 
edge of  payee  or  obligee,  is  used  to  dis- 
charge debt  of  third  person,  as  a  con- 
tract of  suretyship.  18  L.R.A. (N.S.) 
81. 

Power  of  married  woman,  under  statute  giv- 
ing her  sole  control  of  her  separate 
estate,  to  become  surety  for  one  other 
than  her  husband.  17  L.R.A. (N.S.) 
676. 

Contract  to  indemnify  one  against  liability 
as  surety  for  a  third  person.  L.R.A. 
1915B,*  1116. 


iHil 


INDEX  10  L.R.A.  NOTES. 


HUSBAND  AND  WIFE,  III.  c— cont'd 
Enforcement  of  wife's  liability  under  statute 
of  another  state  for  a  debt  contracted 
by  her  husband.     17  L.R.A.  (N.S.)  426. 

§  23.  For  legal  services  in  divorce 
suit. 

Liability  of  married  woman  for  legal  serv- 
ices in  divorce  suit.  24  L.R.A.  634;  34 
L.R.A.(N.S.)    1080;    L.R.A.1917F,  362. 

§   24.  For  torts  and  crimes. 

Liability   of   community   property   for.     36 

L.R.A.  (N.S.)    88. 
Duress  of  wife  by   husband  as   excuse  for 

crime.     19  L.R.A.  358. 

§  25.  For  use  and  safety  of  her  prem- 
ises. 

Liability  of  married  woman  for  the  use  and 
safety  of  premises  owned  by  her.  23 
L.R.A.  622;  19  L.R.A.(N.S.)  631. 

IV.  Property  riyhta. 

a.  In  general. 

§  26.  Generally. 

Property  transactions  between  husband  and 
wife,  see   infra,  V. 

Conflict  of  laws  as  to  rights  in  matrimonial 
property,  see  Conflict  of  Laws,  §  27. 

Tenancy  by  the  curtesy  of  the  wife's  estate, 
see  Curtesy. 

Descent  of  property  to  husband  or  wife,  see 
Descent  and  Distribution,  §  7. 

Effect  of  divorce  on  property  rights,  see 
Divorce  and  Separation,  §§  50-54. 

Wife's  right  of  dower  in  husband's  property, 
see  DowEB. 

Widow's  allowance,  see  Executors  and  Ad- 
ministrators, §§  55,  55a. 

Rights  in  homestead,  see  Homestead. 

Rights  as  to  income,  see  Income,  §  3. 

Husband's  insurable  interest  in  wife's  prop- 
erty, see  Insurance,  §  25. 

Election  by  widow,  between  dower  and  will, 
see  Wills,  §§  112-115. 

Insurable    interest    of    wife    in    husband's 

property     L.R.A.1918A,  793. 

Insurance  effected  by  wife  of  property  owner 

as  violation  of  provision  against  addi- 

anes  witiiin  statute  tional  insurance.    L.R.A.1918D,  781. 

rendering  wife  or  her  property  liable    ^®^^^  ^^  bequest  to  one  described  as  "hus- 

-  ~  ■  --171?   e«i  band,"  "wife,"  or  "widow"  as  affected 


HUSBAND  AND  WIFE,  III.  b— cont'd 
g    17.  — lor  husband. 

Conflict  of  laws  as  to  capacity  of  married 
woman  to  become  surety  for  lior  hus- 
band. 67  L.R.A.  513;  L.R.A.1916A, 
1054. 

Right  of  third  parties  to  set  up  defense  of 
wife's  suretyship  in  execution  of  incum- 
brance on  property  held  by  entireties 
to  secure  husband's  debt.  66  L.R.A. 
637. 

§   18.  Agency  of  husband  for  wife. 

In  contracting  for  services  of  other  persons. 
L.R.A.1918F,  20. 

Proof  of  husband's  agency  for  wife  by  ev- 
idence of  similar  acts  by  husband.  17 
L.R.A.(N.S.)   223. 

Insurable  interest  of  husband  as  agent  in 
wife's  property.  66  L.R.A.  658;  45 
L.R.A.(N.S.)    1131. 

§  19.  EfTect  of  nevtr  promise  after  dis- 
coverture. 

New  promise  after  discoverture  to  sustain 
contract  of.    53  L.R.A.  366. 

Validity  of  new  promise  by  woman,  after 
discoverture,  to  pay  debt  incurred  dur- 
ing coverture.  7  L.R.A. (N.S.)  1053; 
33  L.R.A.(N.S.)  741. 

c.  Liabilities. 

§  20.  Generally. 

J>iability  of  property,  see  infra,  IV. 
Liability  for  libel,  see  Libel  and  Slander, 
§  5. 

Fraud  or  mistake  regarding  legal  effect  of 
wife's  signing  contract  with  husband. 
L.R.A.1918A,  496. 

Enforcement  of  wife's  liability  under  stat- 
ute of  other  state  for  debt  contracted  by 
husband.    17  L.R.A.  (N.S.)  426. 

Liability  of  estate  of  married  woman  for 
funeral  expenses.  33  L.R.A.  662;  52 
L.R.A.(N.S.)   1154. 

Avoidance  of  contract  of  either  spouse  in- 
duced by  threats  to  prosecute  the  other. 
26  L.R.A.  60. 

§  21.  For  necessaries. 

Liability  of  married  woman  for  necessaries 
purchased  by  her.  33  L.R.A. (N.S.) 
426;  L.R.A.1915D,  1184. 

What  constitutes  necessaries  within  statute 


therefor.    L.R.A.1917F,  861. 

§   22.  For  family  expenses. 

Implied  liability  of  wife  for  family  expen- 
ses; rules  in  various  states.  15  L.R.A. 
717. 

What  constitute  "family  expenses"  within 
statute  rendering  wife  or  her  property 
liable  therefor.  21  L.R.A. (N.S.)  277; 
32  L.R.A.(N.S.)  940;  L.R.A.1917F,  861. 

Liability  of  wife  for  family  expenses  as  af- 
fected by  act  of  husband.  3  L.R.A. 
(N.S.)    145. 

Effect  of  luisband's  discharge  upon  statu- 
tory liability  of  wife  for  family  ex- 
penses.    14  L.R.A.(N.S.)    1032. 

Begin  with  this  booTe  on  every  law  question. 


by  illegality  or  nonexistence  of  mar- 
riage.    L.R.A.1917B,  1153. 

Notice  to  husband  or  wife  to  redeem  from 
tax  sale.     44  L.R.A.(N.S.)   679. 

Revocation  of  consent  given  by  one  spouse 
to  will  of  the  other  in  the  latter's  life- 
time.    L.R.A.1915E,   815. 

Succession  tax  upon  property  recpive<l  by  a 
surviving  spouse.     L.R.A.191fiC.  675. 

Right  of  children  as  against  surviving  lius- 
band  to  homestead  of  parent.  .JG  L.R.A. 
70. 

Right  of  wife  during  husband's  lifetime  to 
redeem  from  mortgage  on  his  real  prop- 
erty.   3L.R.A.(N.S.)  1068. 


INDEX  TO  L.R.A.  NOTES. 


663 


HUSBAND  AND  WIFE,  IV.  a— conf  d 

EflFect  of  husband's  life  estate  to  suspend 
or  prevent  running  of  statute  of  limita- 
tions against  wife's  title  to  real  estate 
adversely  possessed.  10  L.R.A.  (N.S.) 
86. 

Notice  of  title  to  land  from  possession  by 
husband  and  wife.  13  L.R.A.  (N.S.") 
126.. 

Circumstances  sufficient  to  put  purchaser  of 
negotiable  paper  on  inquiry  as  to 
rights  of  husband  or  wife  of  party  there- 
in.   29  L.R.A.(N.S.)   367. 

Right  of  man  to  dispose  of  ornaments  and 
wearing  apparel  purchased  bv  him  for 
his  wife's  use.     11  L.R.A.  (N.S.)  389. 

Vze  of  words  of  singular  import  as  affect- 
ing quantum  of  estate  in  deed  to  hus- 
band and  wife.    L.R.A.1918E,  798. 

Who  takes  under  gift  to  "husband"  or 
"wife,"  or  "widow."  33  L.R.A.(N.S.) 
816. 

Husband's  right  under  devise  and  bequest 
to  others  subject  to  his  "legal  rights." 
2  L.R.A. (N.S.)   1193. 

Sustaining,  in  Federal  courts,  in  bankruptcy 
case,  equitable  rights  of  wife  which 
were  not  recognized  by  local  law.  1 
L.R.A. (N.S.)   321. 

Duty,  as  between  husband  and  wife,  to  pay 
taxes.     32  L.R.A.  751. 

ft.  Tenancy  by  the  entireties. 

8   2  7.  Generally. 

Adverse  possession  by  tenant  by  entireties, 
see  Adverse  Possession,  §  8. 

Definition.    30  L.R.A.  306. 

Who  can  hold  this  estate.    30  L.R.A.  306. 

Nature  of  the  interest  of  each  spouse.  30 
L.R.A.  308. 

Survivorship  of  one  of  the  spouses  after  the 
death  (actual  or  civil)  of  the  other.  30 
L.R.A.  310. 

Operation  of  technical  rules  on  the  entirety 
estate.    30  L.R.A.  312. 

Where  and  to  what  extent  entirety  estates 
exist.     30  L.R.A.  314. 

In  what  subjects,  estates,  and  interests  en- 
tirety may  exist.     30  L.R.A.  317. 

Personal  property  held  by  entireties.  22 
L.R.A.  594;  30  L.R.A.  317. 

Creation  of  entirety  estates.  30  L.R.A.  320; 
33  L.R.A. (N.S.)   166. 

The  share  taken  by  husband  and  wife  under 
a  limitation  to  them  and  another  or 
others.     30  L.R.A.  326. 

Disposition  or  encumbrance  of  entirety  prop- 
erty.    30  L.R.A.  327. 

The  effect  of  divorce  on  the  entirety  prop- 
erty. 30  L.R.A.  333;  10  L.R.A.  (N.S.) 
463;    L.R.A.1915C,   396. 

Partition  between  tenants  by  entireties.  30 
L.R.A.  335;  42  L.R.A.  98. 

Adverse  possession  and  the  statute  of  limi- 
tations.    30  L.R.A.  335. 

Creation  of  tenancy  by  entireties  by  con- 
veyance, to  one  spouse  only,  of  interest 
in  property  of  which  the  other  already 
owns  the  whole  or  a  part.  33  L.R.A. 
(N.S.)  166. 

Consult  also  L.R.A.  Digests  of  Cases. 


HUSBAND  AND  WIFE,  IV.  b— cont'd 

Effect  upon  character  of  estate  as  one  by 
entireties  under  a  conveyance  to  both 
spouses,  of  the  fact  tiiat  one  of  them 
already  had  an  estate  in  the  land.  25 
L.R.A.(N.S.)   167. 

Validity  of  encumbrance  by  husband  and 
wife  of  property  held  by  the  entire- 
ties to  secure  the  individual  debt 
of  the  husband.     66  L.R.A.  632. 

Insurable  interest  bv  husband,  as  tenant  by 
the  entirety.     66  L.R.A.  660. 

Respective  rights  of  husband  and  wife  to 
the  income  or  products  from  an  estate 
held  by  the  entirety.  19  L.R.A.  (N.S.) 
1037. 

Liability  of  estate  by  entireties  for  hus- 
band's debts.    36  L.R.A. (N.S.)  205. 

Judgment  against  individual  as  lien  on  in- 
terest of  tenant  by  entireties.  9  L.RJV.. 
(N.S.)  1026;  42  L.R.A.(N.S.)  555; 
L.R.A.1918C,  1015. 

Discharge  of  liability  of  one  spouse  on  judg- 
ment against  both  as  affecting  lien  on 
estate  by  entireties.  L.R.A.1916D, 
115. 

Succession  tax  upon  death  of  one  tenant 
of  estate  held  by  entireties.  L.R.A. 
1916C,  678. 


c.  Community  property, 

§   28.  Generally. 

Competency  as  witness  of  husband  or  wife 
of  party  to  action  involving  a  dece- 
dent's estate  where  the  community  in- 
terests of  the  parties  are  affected. 
L.R.A.1917A,  28. 

Allegations  of  ownership  in  indictment  for 
larceny  of.     3  B.  R.  C.  785. 

Husband's  insurable  interest  in.  66  L.R.A. 
661;  45  L.R.A.(N.S.)   113L 

Partition  of  homestead  in  community  prop- 
erty. 56  L.R.A.  79;  4  L.R.A. (N.S.) 
797. 

Effect  of  conveyance  of,  by  husband  to  wife. 
69  L.R.A.  378. 

Applicability  of  the  community-property 
laws  of  the  state  to  real  property  ac- 
quired from  the  Federal  government. 
26L.R.A.(N.S.)  1117. 

Right  of  one  spouse  living  apart  from  the 
other  to  claim  community  rights  in 
property  as  against  persons  ignorant 
of  relationship.     29  L.R.A.(N.S.)    468. 

Power  of  legislature  to  restrict  husband's 
right  to  alienate  or  encumber  communi- 
ty property.     36  L.R.A.(N.S.)   1040. 

Effect  of  husband's  insanity.    34  L.R.A.  225. 

Liability  of  community  property  to  succes- 
sion tax.  20  L.R.A.  (N.S.)  208;  39 
L.R.A.(N.S.)    1107;    L.R.A.1916C,   676. 

8   29.  What  is. 

Character  of  property  as  community  or  sep- 
arate where  title  is  initiated  before,  but 
not  completed  until  after,  death  of  one 
spouse.  17  L.R.A.  (N.S.)  154;  46  L.R.A. 
(N.S.)   1033. 


664 


INDEX  TO  L.E.A.  NOTES. 


HUSBAND  AND  WIFE,  IV.  c— cont'd 

Profits  accruing  during  marriage  in  con- 
nection witli  property  belonging  to  sep- 
arate estate  of  either  spouse  as  commu- 
nity property.     31   L.R.A.(N.S.)    1092. 

Presumption  as  to  common  hoard  when 
earnings  of  both  spouses  or  of  family 
are  invested  in  the  name  of  one  spouse. 
35  L.R.A,(N.S.)   713. 

Power  of  legislature  to  change  increment  or 
income  of  separate  property  from  com- 
munity property  to  separate  property, 
or  vice  versa.     37  L.R.A.(N.S.)    186. 

As  affected  by  separate  character  impressed 
by  law  of  other  state  on  funds  with 
which  the  property  was  purchased.  29 
L.R.A.(N.S.)    781. 

§  30.  Effect  of  divorce  or  annulment 
of  marriage. 

Division  of  conmiunity  property  upon  annul- 
ment of  marriage.  36  L.R.A.  (N.S.) 
845. 

EfTect  of  divorce  on  community  property  in 
absence  of  adjudication.  11  L.R.A. 
(N.S.)   103. 

§   31.  Interest  of  children  in. 

Descent  or  continuance  to  family  of  home- 
stead in  community  property.  56 
L.R.A.  46. 

Relative  rights  of  widow  and  children  with 
reference  to  community  homesteads.  56 
L.R.A.  69. 

Effect  of  alienation  or  encumbrance  of  com- 
munity homestead  by  surviving  spouse 
on  rights  of  children.     56  L.R.A.  73. 

§   32.  Liability  for  debts. 

Liability  of  community  property  for  debts. 

^  19  L.R.A.  233. 
Liability  of  community  for  personal  injury. 

36L.R.A.(N.S.)   88. 
Liability  of  community  for  husband's  fraud. 

27L.R.A.(N.S.)  1022. 
Remedy  of  judgment  creditor  of  community 

after    death    of    one    of    the    spouses. 

L.R.A.19170,  502, 

d.  Wife's  separate  estate. 

§  33.  Generally. 

Competency  as  witness  of  husband  of  par- 
ty to  an  action  involving  decedent's 
estate  where  only  wife's  separate  es- 
tate is  affected.     L.R.A.1917A,  27. 

Allegations  of  ownership  of  property  of 
married  woman  in  indictment  for  lar- 
ceny.   3  B.  R.  C.  779. 

Effect  of  husband's  insanity  on  wife's  sepa- 
rate property.    34  L.R.A.  224. 

Ownership  of  separate  estate,  trade  or  bus- 
iness, as  a  condition  of  married  women's 
right  to  contract.     4  L.R.A.  (N.S.)   547. 

Power  of  married  woman  under  statute  giv- 
ing her  sole  control  of  her  separate  es- 
tate to  become  surety  for  one  other  than 
her  Imsband.     17  L'R.A.(N.S.)   676. 

Effect  of  one  spouse  joining  in  execution  of 
other's  deed  or  mortgage  to  convey 
former's  separate  property  included 
therein.     28  L.R.A. (N.S.)    289. 

Begin   ivith  tJiis  hook  on  every  law  question. 


HUSBAND  AND  WIFE,  IV.  d— cont'd 
§    34.  What  is. 

Conveyance  by  husband  to  wife  as  creating 
separate  estate.  -69  L.R.A.  370. 

Character  of  property  as  community  or  sep- 
arate where  title  is  initiated  before  but 
not  completed  until  after  deatli  of  one 
spouse.     17  L.R.A.  (N.S.)    154. 

Life  insurance  policy  in  waiver  of  married 
woman  or  its  proceeds  as  her  separate 
estate.    37  L.R.A. (N.S.)  582. 

Profits  accruing  during  marriage  in  connec- 
tion with  property  belonging  to  sepa- 
rate estate  of  either  spouse  as  commu- 
nity property.     31  L.R.A.  (N.S.)    1092. 

Effect  of  investment  by  husband  in  his  own 
name  of  wife's  separate  property  in 
real  estate,  to  create  trust  in  her  favor. 
6  L.R.A. (N.S.)  381;  26  L.R.A. (N.S.') 
161. 

Power  of  legislature  to  cliange  increment  of 
income  from  separate  property  from 
community  property  to  separate  prop- 
erty or  vice  versa.  37  L.R.A. (N.S.) 
186. 

Married  woman's  clothing  or  jewelry  pur- 
chased with  husband's  money  as  lier 
separate  property.     4   B.   R.   C.  611. 

§   35.  Liens   on. 

Mechanics'  lien  on  building  erected  by  hus- 
band on  wife's  land.     62  L.R.A.  374. 

§3  6.  Liability   for  wife's   debts. 

When  separate  property  of  married  woman 

chargeable   with    cost   of    improvement. 

3  L.R.A. (N.S.)  307. 
Liability  of  separate  estate  of  wife  for  her 

funeral  expenses.     6  L.R.A. (N.S.)   917: 

37  L.R.A.(N.S.)  754. 

§3  7.  Liability  for  husband's  debts. 

Injunction  against  execution  sale  of  wife's 
property.     30  L.R.A.  112,  118. 

Right  of  husband's  creditors  to  reach  fruits 
or  his  management  of,  or  services  in 
connection  with  wife's  separate  estate 
or  business.  21  L.R.A.  629:  23  L.R.A. 
(N.S.)   1124. 

e.  Conveyances   to   wife   by    third  per- 
sons. 

§   38.  Generally. 

Creation  of  estate  by  entireties  by,  see  su- 
pra. §  27. 

Conveyance  by  husband  to  wife,  see  infra, 
§  47. 

Parol  evidence  to  show  consideration  in  deed 
to  a  married  woman.    20  L.R.A.  112. 

Effect  of  conveyance  to  wife  by  third  person 
at  instance  of  husband.     69  L.R.A.  367. 

Validity  of  limitation  upon  power  of  aliena- 
tion imposed  upon  grant  or  devise  of 
equitable  estate  to  married  woman.  2S 
L.R.A.(N.S.)   426;  L.R.A.1917A,  670. 

/.  Conveyances    or   mortgages    to   tJrird 
persons. 

§  38a.  Generally. 

Conveyance  of  homestead,  see  Homestead, 
IV. 


INDEX  TO  L.R.A.  ^"OTES. 


665 


HUSBAND  AND  WIFE,  IV.  f— cont'd 
Lease  as  encumbrance  or  conveyance  within 
statute  requiring  joinder  or  consent  of 
spouse.     39   L.R.A.  (N.S.)    675. 

§   39.  By  one  spouse  only  in  general. 

Right  to  specific  performance  where  wife 
refuses  to  unite  in  conveyance,  see 
Specific  Performance,  §  19. 

Right  of  one  to  dedicate  land  of  other.     31 

L.R.A.  (N.S.)    1025. 
Disposition  or  encumbrance  by  one   spouse 

of    property    held    by    entireties.      30 

L.R.A.  328. 


§  40.  By  husband  alone. 

Conveyance  of  homestead,  see  Homestead, 

§  10. 

Specific  performance  of  contract  for  con- 
veyance not  signed  by  wife.  24  L.R.A. 
7(j'3. 

Failure  of  wife  to  join  in  partition  deed. 
57  L.R.A.  340. 

Effect  of  sale  or  mortgage  of  future  crops 
as  asainst  wife.     23  L.R.A.  466. 

Power  of  leg'  'ature  to  restrict  husband's 
right  to  ilienate  or  encumber  com- 
munity property.  36  L.R.A.  (N.S.) 
1040.  * 


§   41.  By  wife  alone. 

Conveyance  of  homestead,  see  Homestead, 

§'n. 

Release  by  married  woman  of  interest  in 
estate.     65  L.R.A.  583. 

Liability  of  married  woman  on  her  cove- 
nant.    22  L.R.A.  779. 

Estoppel  of  married  woman  by  covenant 
from  acquiring  superior  title,  22  L.R.A. 
780. 

Estoppel  of  married  woman  by  recitals  in 
deed.    22  L.R.A.  780. 

Effect  of  nonjoinder  of  husband  in  wife's 
executory  contract  to  convey  where  his 
joinder  is  essential  to  a  conveyance. 
30  L.R.A. (N.S.) -353. 

Parol  evidence  to  show  consideration  in  deed 
by  married  woman.     20  L.R.A.  112. 

§   42.  By  both  husband  and  wife. 

Conveyance  of  homestead,  see  Homestead, 
§§   9-14. 

Operation  and  effect  of  conveyance  in  which 
a  wife  joins  with  her  husband.  22 
L.R.A.  782. 

Validity  of  encumbrance  of  property  held 
by  the  entireties,  to  secure  husband's 
individual  debt.     66  L.R.A.  632. 

Effect  of  one  spouse  joining  in  the  execu- 
tion of  the  other's  deed  or  mortgage, 
to  convey  the  former's  separate  prop- 
erty included  therein.  28  L.R.A.(N.S.) 
289. 

Disposition  or  encumbrance  by  both  spouses 
of  property  held  bv  entireties.  30 
L.R.A.  327.' 

Consult  also  L.B.A.  Digests  of  Cases. 


HUSBAND  AND  WIFE— cont'd 

g.  Frattd  on  marital  rights. 

§   43.  Generally. 

Right   of   wife   to   give   away   her   personal 

property    without    husband's    consent. 

3  L.R.A. (N.S.)    769. 

Right  of  husband  to  give  away  his  personal 

property    without    wife's    consent.      3 

L.R.A.(N.S.)  774;  21  L.R.A. (N.S.)  533. 

Right  of  wife  to  relief  against  conveyance 

or  transfer  made  or  contemplated 

by   lier    husband    in   fraud   of    her 

support.     18  L.R.A.(N.S.)    1147. 

§   43a.  Before  marriage. 

Conveyance  of  .  property  in  contemplation 
of,  but  before  negotiations  for,  mar- 
riage, as  a  fraud.     9  L.R.A.(N.S.)   955. 

Dower  rights  in  property  fraudulently  con- 
veyed before  marriage.  48  L.R.A. 
(N.S.)    513. 

Ii.  Rights  of  creditors, 

§   44.  Generally. 

Husband's    liability    for    wife's    debts,    see 

supra,  §§  7-10. 
Liability  of  community  property  for  debts, 

see  supra,  §  32. 
Liability    of    wife's    separate    property    for 

her  debts,  see  supra,  §  36. 
Liability    of    wife's    separate    property    for 

husband's  debts,  see  supra,  §  37. 
Transactions  between  husband  and  wife  in 

fraud    of    creditors,    see    Fraudulent 

Conveyances,  §  21a. 

Garnishment  of  husband's  interest  in  wife's 
legacy  or  distributive  share.  47  L.R.A. 
360. 

Levy  on  interest  in  crops.     23  L.R.A.  260. 


V.  Transactions  hetiveen. 
a.  In  general. 

§   45.  Generally. 

Husband  as  agent  of  wife,  see  supra,  §  18. 

Agreements  relating  to  divorce  or  separa- 
tion, see  Divorce  and  Separation,  §§ 
58,  59. 

Right  to  compensation  for  services  rendered 
to  each  other.     15  L.R.A.  215. 

Revocation  of  consent  given  by  one  spouse 
to  will  of  the  other  in  the  latter's 
lifetime.     L.R.A.1915E,  815. 

Validity  and  enforceability  of  bond  to  one 
spouse  conditioned  for  maintenance  of 
family  relation  or  proper  conduct  of 
other  spouse.    L.R.A.1917D,  445. 

Validity  of  contract  by  huslmnd  to  pay 
wife  for  services.     L.R.A.1917D,  268. 

§46.  liarceny,  embezzlement,  robbery, 
or  arson  of  other  spouse's  property. 

Larceny  or  embezzlement  by  one  spouse  of 
other's  property.    29  L.R.A. (N.S.)   830. 

Robbery  by  taking  property  from  wife.  67 
L.R.A.   346. 


,666 


INDEX  TO  L.R.A.  NOTES. 


HUSBAND  AND  WIFE,  V.  a— cont'd 
Arson  by  one  spouse  burning  property  of 
other.     21  L.R.A.(N.S.)    27. 

§  4  7.  Effect  of  conveyance  by  husband 
to  wife. 

Antenuptial  conveyances,  see  infra,  §§  55- 

60. 
Conveyance   to   wife   by   third   person,    see 

supra,  §  38. 
Conveyance  of  homestead,  see  HoMESTEiiD, 

§  13. 

At  common  law.     69  L.R.A.  353. 

In  equity.     69  L.R.A.  357. 

Effect  of  statutes.     69  L.R.A.  363. 

Convevance  by  third  person  at  instance  of 

husband.     69  L.R.A.  367. 
(Jonsideration.     69  L.R.A.  368. 
Does  conveyance  create  separate  estate.     69 

L.R.A.  370. 
Remaining  interest  of  husband.     69  L.R.A. 

374. 
Rights  against  husband's  heirs.     69  L.R.A. 

377. 
Homestead  and  communitv.    69  L.R.A.  378. 
Effect  of  divorce.     69  L.R.A.  379. 
P'orm    and    provisions    of    conveyance.      69 

L.R.A.  380. 

§   48.  Transfers  from  wife  to  husband. 

Burden  of  proof  of  husband's  debt  to  wife 
on  account  of  property  received  from 
lier.     56  L.R.A.  817. 
Validity   of   direct   cbnveyance   by   wife  to 
husband.      20    L.R.A.    702;    31    L.R.A. 
(N.S.)   844. 
Validity  of  conveyance  of  wife's  real  prop- 
erty   to   husband   through   himself 
as  trustee  or  through  a  third  per- 
son.     L.R.A.1915C,    767. 


h.  Gifts;  trusts, 

§   49.  Gifts  between. 

Gifts  in  fraud  of  marital  rights,  see  supra, 

§  43. 
Gift  to  third  person,  see  Gift,  §  7.  . 

Validity  of  gift  of  personalty  from  husband 
to  wife.  2  L.R.A.  716;*  5  L.R.A.  579;* 
69  L.R.A.  355. 

Rights  in  respect  to  compensation  for  im- 
provements on  land,  made  in  good  faith, 
under  an  oral  contract  or  gift.  53 
L.R.A.  337. 

Right  of  husband  to  dispose  of  ornaments 
and  wearing  apparel  purchased  by  him 
for  his  wife's  use.  11  L.R.A.(N.S.) 
389. 

Independent  advice  as  condition  of  valid  gift 
inter  vivos  between.  16  L.R.A. (N.S.) 
1087. 

Gift  by  will  as  affected  by  wife's  promise  to 
testator.    20  L.R.A.  467. 

Does  expectation  of  one  spouse  on  making 
gift  to  other  that  latter  will  allow 
former  to  share  in  benefits  of  the  prop- 
erty raise  implied  trust  to  that!  effect. 
24  L.R.A. (N.S.)   1043. 

Begin  with  this  boolc  on  every  lato  question. 


HUSBAND  AND  WIFE,  V.  b— cont'd 
Applicability  of  statutory  provision  for  res- 
toration of  property  in  case  of  divorce, 
to  voluntary  gifts  between  husband  and 
wife.     39  L.R.A.(N.S.)   193. 

§  50.  — effect  of  marital  misconduct. 

Misconduct  of  wife  as  affecting  gift  to  her 
before,  and  in  consideration  of,  mar- 
riage.    6  L.R.A.(N.S.)    785. 

Marital  misconduct  of  one  spouse  as  avoid- 
ing gift  by  other.    35  L.R.A. (N.S.)  124. 

§   51.  —gift  In  fraud  of  creditors. 

See  Fraudulent  Conveyances,  §  21a. 

§   52.  Gifts  to  one  by  parents  of  other. 

Gift  of  one  spouse  by  the  parent  of  the 
other  as  advancement  or  ademption.  26 
L.R.A.(N.S.)    1050. 

§   53.  Trusts. 

Insurable  interest  of  husband,  as  trustee,  in 
wife's  property.     66  L.R.A.  659. 

Effect  of  statute  of  limitations  on  the  trust 
relationship  arising  from  the  taking 
of  title  in  the  husband's  name  to  lands 
inherited  by  or  purchased  with  the 
money  of  the  wife.  12  L.R.A. (N.S.) 
493. 

Effect  of  investment  by  husband  in  his  own 
name  of  wife's  separate  property  in  real 
estate  to  create  trust  in  her  favor.  6 
L.R.A.(N.S.)  381;  26  L.R.A.(N.S.) 
161. 

Does  expectation  of  one  spouse  upon  mak- 
ing gift  of  property  to  the  other  that 
the  latter  will  allow  the  former  to 
share  in  the  benefit  of  the  property 
raise  an  implied  trust  to  that  effect. 
24   L.R.A.(N.S.)    1043. 

Constructive  trust  in  deed  of  homestead  by 
husband  to  wife  with  proviso  attempt- 
ing to  derogate  from  her  right  of  sur- 
vivorship.    1  L.R.A.(N.S.)    312. 

Does  the  common-law  rule  precluding  an  ex- 
ecutory contract  or  action  at  law  be- 
tween husband  and  wife  apply  where 
the  husband  acts  as  a  trustee  or  in 
some  other  representative  capacitv.  11 
L.R.A. (N.S.)   273.- 

Wife's  right  to  secure  husband's  propertv  at 
tax  sale.     9  L.R.A. (N.S.)    674. 

Appointment  of  trustee  to  protect  alimony. 
38  L.R.A.  (N.S.)   270. 

Enforcement  in  equity  of  grantee's  oral 
promise  to  grantor  to  hold  in  trust  in 
case  of  conveyance  between  husband 
and  wife.     39  L.R.A. (N.S.)   925. 

c.  Partnership  between. 

§   54.  Generally. 

Partnership  between  husband  and  wife.  9 
L.R.A.  593*;  16  L.R.A.  526. 


a. 


Antenuptial  contract; 
tlement. 


marriage  set- 


§   55.  Generally. 

Transaction  in  fraud  of  prospective  wife  or 

husband,  see  supra,  §  43a. 
Loss  of  dower  right  by,  see  Dower.  §  9. 


INDEX  TO  L.RJL  NOTES. 


667 


HUSBAND  AND  WIFE,  V.  c— cont'd 

Conflict  of  laws  as  to.  57  L.R.A.  368;  29 
L.R.A.(N.S.)    783. 

Meaning  of  words  "unmarried"  and  "with- 
out having  been  married"  in  marriage 
settlement.     15  L.R.A.  293. 

Validity  of  marriage  settlement  as  against 
creditors.  13  L.R.A.  712;*  32  L.R.A. 
43. 

Validity  of  antenuptial  contract  by  one  par- 
ty *  to  support  the  other.  15  L.R.A. 
(N.S.)    491. 

Validity' of  contract  relinquishing  rights  in 
intended  husband's  estate,  signed  by  in- 
tending wife  in  ignorance  of  her  legal 
rights.     9  L.R.A.  (X.S.)    953. 

Validity  of  antenuptial  contract  making 
provision  for  wife  in  the  event  of  her 
obtaining  divorce  for  subsequent  fault 
of  husband.    L.R.A.1918A,  384. 

Waiver  of  right  to  widow's  allowance  by 
antenuptial  agreement.  25  L.R.A. 
(N.S.)   751. 

Power  to  bar  dower  by  antenuptial  agree- 
ment sufficient  in  equity  but  not  con- 
forming to  any  statutory  method  of 
barring  dower.  17  L.R.A.  (N.S.) 
866. 

Marriage  settlements  under  rule  in  Shelley's 
Case.     29  L.R.A.(N.S.)    1143. 

§   56.  Effect  of  statute  of  frauds. 

Postnuptial  written  contract  to  confirm  an- 
tenuptial oral  contract  relinquishing 
rights  in  property.  11  L.R.A.(N.S.) 
593. 

§  57.  Consideration  for. 

Agreement  to  comply  with  marriage  con- 
tract as  consideration  for  new  promise. 
34  L.R.A.  37. 

§   58.  Disaffirmance  of. 

Right  of  woman  to  disaffirm  marriage  set- 
tlement executed  while  she  was  an  in- 
fant.    12  L.R.A.(N.S.)    1184. 

§  59.  Enforcement  of. 

Specific  performance  of  contract  to  provide 
for  intended  husband  or  wife.  12 
L.R.A.(N.S.)    232. 

Right  of  party  to  antenuptial  marriage  set- 
tlement who  is  in  default  to  enforce 
covenants  to  be  performed  by  the  other 
party.     26  L.R.A. (N.S.)   858. 

§   60.  Effect  of  marital  misconduct. 

Misconduct  of  wife  as  affecting  deed  or  gift 
to  her  before  and  in  consideration  of 
marriage.     6  L,Rji.(N.S.)    785. 

§  61.  Contracts   of   third   persons. 

Specific  performance  of  agreement  by  third 
person  to  make  provision  for  parties 
to  contemplated  marriage.  7  L.R.A. 
(N.S.)  734. 

VI.  Actions, 

a.  In  general. 

§  62.  Generally. 

Imputing  husband's  negligence  to  wife,  see 

Negligence,  §  44. 
Consult  also  L.R.A.  Digests  of  Cases. 


HUSBAND  AND  WIFE,  VI.  a— cont'd 
Husband  or  wife  as  witness,  see  Witnesses, 
§§   17-21. 

Which  is  real  party  in  interest  by  whom 
action  must  be  brought.  64  L.R.A. 
610. 

Publication  of  process  against  married  wom- 
an in  her  maiden  name.  19  L.R.A. 
(N.S.)   984. 

Set-off  in  bankruptcy  cases.     55  L.R.A.  47. 

Right  of  either  spouse  to  sue  for  wrongs  to 
property  held  by  entireties.  30  L.R.A. 
309. 

Wife's  right  of  action  at  common  law 
against  one  selling  drugs  or  liquor  to 
husband.     40  L.R.A. (N.S.)    360. 

Delaj'  of  feme  covert  in  paying  purchase 
price  or  bringing  suit  as  bar  to  action 
for  specific  performance  of  contract  for 
sale  of  land  of  which  time  is  not  of 
the  essence.    25  L.R.A. (N.S.)  639. 

Action  for  mutilation  of  corpse.  L.R.A. 
1915B,  521. 

Right  of  husband  to  sue  for  libel  or  slander 
of  wife.     45  L.R.A.(N.S.)    767. 

Wife's  right  of  action  for  enticement  or 
abduction  of  child.  1  L.R.A.(N.S.) 
362;  45  L.R.A. (N.S.)   872. 

Right  of  married  woman  to  maintain  ac- 
tion for  board  or  lodging  of,  or 
services  rendered  to,  a  third  person 
living  in  the  home.  46  L.R.A. 
(N.S.)   238. 

Right  of  mother  of  minor  who  has  enlisted 
without  his  parent's  consent  in  army, 
navy  or  militia,  to  prosecute  writ  for 
his  discharge.     39  L.R.A.(N.S.)   459. 

Conviction  or  acquittal  of  marital  offense 
as  bar  to  a  subsequent  prosecution.  40 
L.R.A.(N.S.)    615. 

Joinder  of  wife  in  action  by  husband  to  re- 
cover for  her  services  rendered  outside 
the  home.    L.R.A.1917E,  298. 

b.  For  personal  injury  or  death. 

§  63.  By  husband. 

Measure  of  damages  for  injury  to  wife,  see 

Damages,  §  59. 
Measure  of  damages  for  death  of  wife,  see 

Damages,  §  66. 

Damages  sustained  on  account  of  injuries 
to  husband  and  to  wife  at  the  same 
time  as  constituting  one  or  more  than 
one  cause  of  action.    L.R.A.1917C,  544. 

Does  husband's  action  for  damages  sus- 
tained by  him  on  account  of  personal 
injuries  to  wife  abate  by  his  own  death 
or  that  of  the  wrongdoer.  17  L.R.A. 
(N.S.)    570. 

Right  of  husband  to  recover  for  loss  of  con- 
sortium through  personal  injury  to 
wife.  33  L.R.A.(N.S.)  1042;  L.R.A. 
1915D,  524. 

Right  of  husband  to  recover  in  action  for 
breach  of  warranty,  for  loss  of  services 
of  wife,  occasioned  by  her  injury  or 
death  in  consequence  of  such  breach. 
3  B.  R.  C.  197. 


ias 


INDEX  TO  L.R.A.  NOTES. 


HUSBAND  AND  WIFE,  VI.  1>— cont'd 

Right  of  husband  to  recover  lor  illicit  in- 
tercourse with  wife  accomplished  by 
force.     52  L.R.A.  (N.S.)   373. 

Husband's  statutory  right  of  action  for 
death  of  wife.     L.R.A.1916E,  126. 

Conclusiveness  of  judgment  in  wife's  suit 
for  personal  injuries  in  husband's  ac- 
tion for  loss  of  services  and  expenses. 
10  L.R.A.(N.S.)    140. 

Right  of  husband  to  recover  for  loss  of 
wife's  property  transported  as  part  of 
his  baggage.    L.R.A.1918C,  114. 

§  64.  —  husband's  negligence  as  bar  to 
recovery. 

Husband's  negligence  as  bar  to  recovery  for 
personal  injuries  to  wife,  22  L.R.A. 
460;   8  L.R.A. (N.S.)    656. 

Imputing  husband's  negligence  to  wife  in- 
jured while  riding  with  him.  14  L.R.A. 
733;  L.R.A.1915A,  764. 

§    65.  By  wife. 

Extent  of  recovery  by  wife  for  personal  in- 
jury to  her,  see  Damages,  §§  59a,  60. 

Measure  of  damages  for  death  of  husband, 
see  Damages,  66. 

Effect  of  disability  of  coverture  on  running 
:'.  of  limitations,  see  Limitation  of  Ac- 
tions, §  46. 

Damages  sustained  on  account  of  injuries 
to  husband  and  to  wife  at  the  same 
time,  as  constituting  one  or  more  than 
one  cause  of  action.     L.R.A.1917C,  544. 

Right  of  wife  to  sue  for  personal  injury  to 
husband.     40  L.R.A. (N.S.)   236. 

Wife's  statutory  right  of  action  for  death 
of  husband.     L.R.A.1916E,  128. 

Wife's  right  to  recover  for  loss  of  eonsor- 
husband.  24  L.R.A.  (N.S.)  1024;  L.R.A. 
1916E,  703. 

Imputing  negligence  of  one  spouse  to  the 
other.  14  L.R.A.  733;  8  L.R.A. (N.S.) 
656;   L.R.A.1915A,  764. 

Wife's  right  of  action  at  common  law 
against  one  selling  drugs  or  liquor  to 
-      husband.     40  L.R.A.(N.S.)    360. 

Desertion  or  nonsupport  by  deceased  as 
affecting  action  for  death.  32  L.R.A. 
(N.S.)    362. 

Right  of  deserted  wife  to  recover  for  death 
or  injury  to  child.  31  L.R.A.  (N.S.) 
519. 

Right  of  wife  to  recover  for  loss  of  hus- 
band's property  contained  in  her  bag- 
gage.   L.R.A.1918C,  114. 

Right  of  married  woman  to  recover  for  serv- 
ices rendered  outside  the  home.  L.R.A. 
1917E,  282. 

c.  Alienation  of  affections. 

§66.  Generally. 

Measure  of  damages  for,  see  Damages,  § 
50b. 

Conspiracy  to  alienate  affections.     3  L.R^. 

(N.S.)  470. 
May  action  for  alienation  of  affections  rest 

upon  a  breach  of  contract  or  negligent 

tort.    L.R.A.1917B,  686. 


Begin  icith  this  hoolc  on  every  law  question^ 


I  HUSBAND  AND  WIFE,  VI.  c— cont'd 

Liability  of  parent  for  causing  separation 
of  husband  and  wife.  9  L.R.A. (N.S.) 
322. 

Effect  of  fact  that  husband  or  wife  of  plain- 
tiff in  action  for  alienation  of  affections 
was  the  active  and  aggressive  part}-. 
16  L.R.A. (N.S.)  742;  43  L.R.A. (N.S.) 
332. 

Competency  of  one  spouse  to  testify  as  to 
misconduct  of  other  spouse  in  action 
for.     39  L.R.A. (N.S.)    317. 

Are  communications  between  husband  and 
wife  tending  to  show  affection,  or  the 
contrary,  privileged.  2  L.RJ^. (N.S.) 
708. 

Right  to  testify  as  to  intent  in  action  for. 
23  L.R.A. (N.S.)    391. 

Conclusiveness  as  to  third  persons  in  action 
for  alienation  of  affections  of  decree  in 
suit  for  divorce  or  annulment  as  to 
facts  adjudicated  as  distinguished  from 
status  established.  38  L.R.A.(N.S.) 
560;  L.R.A.1915C,  870. 

Malice  as  essential  to  an  action  for  aliena- 
tion of  affections,  in  absence  of 
meretricious  relations.  46  L.R.A. 
(N.S.)   465. 

Divorce  or  separation  as  affecting  action. 
46  L.R.A. (N.S.)   1084. 

Extent  of  alienation  necessary  to  sustain 
action  against  stranger.  L.R.A.1916E, 
1091. 

§   67.  Action  by  wife 

Right  of  wife,  under  modern  married  w'om- 
en's  acts,  to  sue  for  alienation  of  the 
affections  of  her  husband.  4  L.R.A. 
(N.S.)  643;  29  L.R.A.  (N.S.)  842; 
L.R.A.1916A,  67. 

d.  Criminal  conversation. 

%   68.  Generally. 

Measure  of  damages  for,  see  Damages,  § 
50b. 

Right  of  action  for  criminal  conversation 
or  enticement  of  wife  as  asset  of  bank- 
rupt.    43   L.R.A.(N.S.)    941. 

Divorce  or  separation  as  affecting  action 
for.      46    L.R.A. (N.S.)     1084. 

Validity  of  agreement  in  settlement  of 
cause  of  action  for.  36  L.R.A. (N.S.) 
995. 

Effect  of  condonation  of  infidelity  on  right 
of  action  for  crim.  con.    6  B.  R.  C.  649. 

Evidence  of  character  of  husband  or  wife 
in  action  for  criminal  conversation.  14 
L.R.A.(N.S.)    749. 

Effect  of  fact  that  the  husband  or  wife  of 
plaintiff  in  an  action  for  criminal  con- 
versation was  the  active  and  aggressive 
party.     16  L.R.A. (N.S.)   742. 

Mental  suffering  of  husband  as  an  element 
of  damages  in  criminal  conversation. 
16  L.R.A.(N.S.)   674. 

Conclusiveness  as  to  third  persons  in  ac- 
tions for,  of  decree  in  suit  for  divorce 
or  annulment  as  to  facts  adjudica,ted 
as  distinguished  from  status  estab- 
lished.    38  L.R.A.(N.S.)    559. 


INDEX  TO  L.R.A.  NOTES. 


6G9 


HUSBAND  AND  WIFE,  VI,  d— cont'd 
Competency    of    one    spouse    as    witness    to 

show  misconduct  of  otlior  in  action  for. 

39  L.R.A.  (N.S.)    316. 

e.  Actions  hetween. 

Effect  as  to  claim  by  wife  against  husband, 
of  statutory  removal  of  disability  of 
coverture  to  repeal  exception  in  Stat- 
ute of  Limitations  in  favor  of  mar- 
ried women.     L.R.A.1918C,  203. 

§   69.  Generally. 

Wife's  right  to  sue  husband  on  contract. 
5  L.R.A. (N.S.)   611. 

Recovery  by  mother  against  father  for 
money  expended  in  support  of  chil- 
dren.    38  L.R.A. (N.S.)   508. 

Does  common  law  rule  precluding  action  at 
law  between  husband  and  wife  apply 
where  husband  acts  as  trustee  or  in 
some  other  representative  capacitv?  11 
L.R.A. (N.S.)   273. 

Right  of  assignee  of  claim  from  one  spouse 
to  maintain  action  against  the  other 
spouse.     31   L.R.A.  (N.S.)    1148. 

Recovery  by  mother  against  father  for 
money  expended  in  support  of  children. 
L.R.A1915A,  1137. 

§   69a.  —  for  torts. 

Right  of  wife  to  sue  husband  for  personal 
tort.  6  L.R.A. (N.S.)  191:  30  L.R.A. 
(N.S.)    1153;   52  L.R.A.(N.S.)    185. 

Husband's  right  to  sue  wife  for  personal 
tort.     23  L.R.A.(N.S.)   699. 

VII.  Abandonment;  nonsupport. 

§   7  0.  Generally. 

Abandonment  as  ground  for  divorce,  see  Di- 
vorce AND  Separation,  §  24. 

Insanity  as  affecting.     34  L.R.A.  164. 

Effect  of  desertion  on  homestead.  16  L.R.A. 
(N.S.)    114. 

Abandoned  wife  as  head  of  family  within 
homestead  or  exemption  laws.  51 
L.R.A.(N.S.)    1121. 

Conveyance  of  homestead  by  husband  after 
abandonment  bv  wife.  8  L.R.A. (N.S.) 
565;   L.R.A.1915D,  551. 

Validity  of  conveyance  or  encumbrance  of 
homestead  by  wife  after  abandonment 
by  husband.     36  L.R.A. (N.S.)    1024. 

Effect  of  widow's  previous  abandonment  of 
husband  on  her  rights  under  homestead 
and  exemption  laws.  4  L.R.A. (N.S.) 
394. 

Effect  of  Imsband's  own  adultery  to  prevent 
him  from  relying  on  wife's  adultery  as 
defense  to  an  action  for  support.  19 
L.R.A.(N.S.)    468. 

Adultery  of  wife  with  consent  or  connivance 
of  husband  as  justification  of  abandon- 
ment or  nonsupport  by  latter.  L.R.A. 
1917D,  640. 

Constitutionality  of  statute  requiring  a  hus- 
band upon   conviction  of  abandonment 
to  provide  for  support  of  wife  or  fam- 
ily.    28    L.R.A.(N.S.)    854. 
.    Consult  also  L.R.A.  Digests  of  Cases. 


HUSBAND  ANT)  WIFE,  VII.— cont'd 

Desertion  or  nonsupport  by  deceased  hus- 
band as  affecting  wife's  right  of  action 
for  death.  32  L.R.A.(N.S.)  362;  L.R.A. 
1916C,  806. 

Failure  to  support  wife  as  desertion  en- 
titling her  to  divorce.  29  L.R.A.(N.S.) 
618. 

Inability  of  husband  to  support  himself  or 
wife  as  an  excuse  for  leaving  her.  52 
L.R.A. (N.S.)   675. 

§71.  Criminal  liability. 

Cruel  and  unusual  punishment  for.     L.R.A. 

1915C,  570. 
Criminal  liability  of  husband  for  neglect  of 
wife,    causing    death.      61    L.R.A.    292 
Criminal  liability  of   infant  for  failure  to 
support  wife.     36  L.R.A.  208;   L.R.A. 
1916E,  762. 
Offense   of   desertion  or   failure  to   provide 
for   wife  or   family  as  affected   by 
residence    of    parties.      47    L.R.A. 
(N.S.)   218. 
What  amounts   to   nonsupport  by  husband 
within  criminal  statutes.   49  L.R.A. 
(N.S.)    588. 
Wife  as  witness  against  husband  in  prose- 
cution for  abandonment.    L.R.A.1917E, 
1134. 


HYDRANT. 


Right  to  compel  water  company  to  furnish 
general  supply  while  municipality  is  in 
default  in  paying  hydrant  rental.  34 
L.R.A.  (N.S.)   196. 

Municipal  liability  for  injury  by  hydrants 
in  street.     20""  L.R.A. (N.S.)   620. 


HYDROPHOBIA. 


Apprehension  of,  as  basis  of  recovery  for 
mental  anguish.     20  L.R.A.(N.S.)   458. 


HYPNOTISM. 


Definitions.     40  L.R.A.  269. 

Its  existence  and  effect  generally.    40  L.R.A. 

270. 
Its    use    in    procuring    the    commission    of 

crime.     40  L.R.A.  271. 
Its  use  in  procuring  submission  to  criminal 

acts  or  attacks.     40  L.R.A.  274. 
Its  use  as  an  inquisitorial  agent.    40  L.R.A. 

275. 
Its    curative    uses — propriety   of   restraint. 

40  L.R.A.  275. 
Application   of   statute   regulating   practice 

of   medicine   to   hypnotists.      3    L.R.A. 

(N.S.)    762;   24  L.R.A. (N.S.)    103;    25 

L.R.A.(N.S.)    1297. 


670 


INDEX  TO  L.R.A.  NOTES. 


HYPOTHECATION. 

Jurisdiction   of  admiralty   in   case  of. 

L.R.A.  204,  233. 
When  contract  for,  will  be  supported. 

L.R.A.  364,  431. 


66 
70 


HYPOTHETICAL  QUESTIONS. 

As  to,  see  Evidence,  §  186. 


I 


ICE. 

§   1.  Generally. 

Removal  of,  from  sidewalk,  see  Highways, 
§  56. 

Compelling  abutting  owners  to  remove  from 
sidewalks.    24  L.R.A.  413. 

Private  action  for  violating  statute  regu- 
lating harvesting  of.  L.R.A.1915E, 
561. 

Right  to  discharge  from  roof  upon  premises 
of  adjoining  owner.     L.R.A.1916A,  693. 

§   2.  Rights  as  to. 

Right  to  take  ice  from  stream.     3  L.R.A. 

(N.S.)   1103. 
Right  of  public  authorities  to  preserve,  for 

support.    3  L.R.A. (N.S.)  1103. 
Right  to  ice  on  railroad  right  of  \vay  as 

between   company   and   fee   owner.     45 

L.R.A.(N.S.)   799. 
Right  as  between  owner  of  flowage  rights 

and  owner  of  soil,  to  ice.  L.R.A.  1916B, 

1046. 
Discharging  matter  into  stream  preventing 

formation  of,  or  polluting,  ice.    L.R.A. 

1915E,  1210. 

§  8.  Sale  of. 

Collecting  and  distributing  as  a  manufac- 
turing business.    64  L.R.A.  66. 

Right  of  municipal  corporation  to  sell.  31 
L.R.A.(N.S.)    117. 

§  4.  Duty  of  carriers  as  to  icing  cars. 

Duty  of  carrier  as  to  re-icing  refrigerator 
cars.     10  L.R.A. (N.S.)    318. 

§   5.  liiability  for  injury  by. 

On  street  or  sidewalk,  see  Highways,  §§  56, 
71,   84,  86,  91. 

Liability  of  one  who  renders  ice  unsafe  for 
skating  or  travel.    L.R.A.1918A,  408. 

Servant's  assumption  of  risk  from  ice  on 
working  place.     19  L.R.A. (N.S.)    365. 

Forgetfulness  of,  as  contributory  negligence. 
39  L.R.A. (N.S.)    898. 

Duty  of  railroad  company  as  to  ice  on  cat- 
tle guards.  36  L.*R.A.(N.S.)  997; 
L.R.A.1915B,  134. 

Landlord's  liability  to  third  person  for  in- 
jury by  fall  of.    26  L.R.A.  201. 

Duty  of  carrier  of  passengers  to  keep  steps 
of  cars  free  from.  15  L.R.A.  (N.S.) 
523;   35  L.R.A. (N.S.)    592. 

Liability  for  injury  from  ice  formed  by 
water  precipitated  from  adjoining 
property.     36  L.R.A. (N.S.)   1172. 


ICE— cont'd 

Res  ipsa  loquitur  in  action  for  injury  on 

highway  by  fall  of  ice  from  roof.     4S 

L.R.A.(N.S.)    597.. 


ICE  CREAM. 


See  Food,  §  6a. 


ICE  TONGS. 


Master's  liability  for  injury  by  defect  iiu 
13  L.R.A.(N.S.)  679. 


■♦♦»■ 


IDEM   SONANS. 

See  Name,  §  16. 

^« » 


Begin  tcith  this  booTc  on  every  laiv  question 


IDENTITY  AND  IDENTIFICATION. 

/.  Of  persons,  §§  1-6. 
II.  Of  corporation,  or  religious  society^ 

§  7. 
III.  Of  things,   §§  8-12. 

I.  Of  persons. 

§   1.  Generally. 

Identification  of  person  by  voice,  see  Evi-^ 
DENCE,  §   155. 

Parol  evidence  to  identify  person,  see  Evi- 
dence, §  183. 

Of  name,  see  Name,  §  11. 

See  also  Impostor. 

What  identity  of  issues  is  necessary  to  abate- 
second  action.    L.R.A.1918A,  5. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  713. 

DiflSculty  in  identifying  grantor  with  recordi 
owner  as  affecting  marketability  of  ti- 
tle.   38  L.R.A.(N.S.)  20. 

As  affecting  bar  of  judgment  in  employee's- 
favor  against  recovery  from  employer 
for  employer's  act  or  default.  54  L.R.A. 
650. 

Concealment  of  identity  by  change  of  name 
as  interrupting  statute  of  limitations. 
39  L.R.A.(N.S.)   741. 

Privilege  of  attorney  against  revealing  iden-^ 
tity  of  client.    L.R.A.1916C,  602. 


INDEX  TO  L.R.A.  NOTES. 


671 


IDENTITY  AND   IDENTIFICATION,  I.— 

cont'd 
Recital  in  certificate  of  acknowledgment  by 

married  woman  as  to  her  identity.    45 

L.R.A.  (N.S.)    1122. 
Liability  of  one  who  identifies  an  impostor, 

for    fraud    perpetrated    bv    him.      51 

L.R.A.(N.S.)   707. 

§  2.  Necessity  and  duty  as  to  identifl- 
cation. 

Of  person  alleged  to  be  writer  of  handwrit- 
ing sought  to  be  proved.  63  L.R.A. 
981. 

Payment  of  savings  bank  deposit  to  fraudu- 
lent claimant  on  fraudulent  claim  of 
identity.     69  L.R.A.  327. 

Necessity  of  identification  as  foundation 
for  admitting  conversation  or  communi- 
cation bv  telephone.  6  L.R.A. (N.S.) 
1180;  L.R.A.  1918D,  720. 

Carrier's  riglit  to  demand  identification  be- 
fore delivery  of  goods.     37  L.R.A.  178. 

Broker's  duty  to  disclose  to  principal  iden- 
tity of  purchaser.    53  L.R.A.  241. 

Duty  of  telegraph  company  to  ascertain 
identity  or  authority  of  sender  of  mes- 
sage.    4  L.R.A. (N.S.)    18L 

Power  to  require  one  who  has  caused  an 
injury  to  identify  himself.  40  L.R.A. 
(N.S.)    622. 

§  3.  Mistake  as  to  identity. 

As  excuse  for  assault,  see  Assault  and 
Battery,  §  6. 

Mistake  as  to  identity  of  person  libeled  or 

slandered.      47    L.R.A. (N.S.)    240. 
Mistake  as  to  identity  of  juror  as  ground 

for  new  trial.     50  L.R.A. (N.S.)    972. 
Right  to  avoid  contract  because  of  mistake 

as  to  identity  of  other  party  thereto. 

L.R.A.1916D,  801. 
Seller's  mistake  as  to  identity  of  vendee,  as 

aflfecting  the  passing  of  the  title  to  the 

goods     sold.     13     L.R.A.  (N.S.)      413; 

L.R.A.1918B,  975. 
Assault   with   intent  to  murder  or  kill  by 

unlawful   act   under   mistaken   identity 

of  person  assaulted.     37  L.R.A. (N.S. ) 

172. 
Mistake  as  to  identity  of  victim  as  affecting 

homicide.     33  L.R.A. (N.S.)    1070. 

§  4.  Mode  and  sulHciency  of  identifica- 
tion. 

Use  of  photograph  to  show.  35  L.R.A.  807 ; 
51  L.R.A.(N.S.)    85L 

Identification  of  a  person  by  voice.  13 
L.R.A. (N.S.)   373. 

Compelling  accused  to  exhibit  himself  to 
determine.    28  L.R.A.  699. 

Right  to  take  or  retain  in  rogues  gallery 
picture  of  one  accused  of  crime  before 
conviction.  7  L.R.A. (N.S.)  274;  23 
L.R.A. (N.S.)   739;  L.R.A.1916A,  743. 

SuITicioncy  of  identification  as  foundation 
for  admitting  conversation  or  commu- 
nication by  telephone.  6  L.R.A. (N.S.) 
]180. 

Opinions  of  witnesses  as  to  identity  of  per- 
son referred  to  in  action  for  defama- 
tion of  unnamed  person.  48  L.R.A. 
(N.S.)   364. 

Consult  also  L.R.A.  Digests  of  Cases. 


IDENTITY  AND  IDENTIFICATION,  I.— 
cont'd 

Sufficiency  of  evidence  to  establish  identity 
in  action  for  defamation  of  unnamed 
person.    48  L.R.A.(N.h;.)   369. 

§  5.  Presumption  and  burden  of  proof 
as  to  identity. 

See  Evidence,  §  26. 

§   6.  Of  remains  of  victim  of  homicide. 

Of  corpse  generally,  see  Corpse,  §  2. 

Sufficiency  of  circumstantial  evidence  to 
identify  remains  found  as  those  of  per- 
son charged  to  have  been  killed.  7 
L.R.A.(N.S.)  18L 


II.  Of  corporation  ov  religious  society. 

§   7.  Generally. 

Of  employing  and  contracting  company.  65 
L.R.A.  507. 

In  case  of  schism  or  division  in  religious 
society.     24  L.R.A. (N.S.)   696. 

Letters  identified  only  by  prosecutrix  as  cor- 
roboration of  her  testimony  to  prove 
seduction  or  rape.  49  L.R.A. (N.S.) 
1198. 

Identifying  misapplied  trust  funds  to  fol- 
low and  recover  them.  L.R.A.1916C, 
21. 

III.  Of  things. 

§  8.  Generally. 

Of  ballots,  see  Election,  §§  20,  21. 
Sufficiency    of    selection    or    designation    of 

goods  sold  out  of  a  larger  lot,  see  Sale, 

§  13. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  717,  741. 

Justification  in  libel  or  slander  as  to  iden- 
tity of  ofi'ense  charged.     21  L.R.A.  508. 

Identification  of  extrinsic  document  referred 
to  in  will.     68  L.R.A.  381. 

Identification  of  substance  by  odor.  42 
L.R.A.(N.S.)    854. 

Admissibility  of  secondary  evidence  to  iden- 
tify record  of  justice  of  the  peace.  2 
L.R.A.(N.S.)   652. 

Necessity  for  identifying  things  found  by 
aid  of  involuntary  or  inadmissible  con- 
fession.   53  L.R.A.  407. 

§  0.  Of  goods  sold. 

Distinction  between  warranty  or  identity 
and  warranty  of  quality.  35  L.R.A. 
(N.S.)  265. 

Intention  as  test  of  sale  with  particular 
description  of  kind  or  quality  when 
words  referable  to  identity  are  used.  35 
L.R.A.(N.S.)  275. 

Sufficiency  of  identification  for  purposes  of 
executory  contract  where  goods  are  or- 
dered bv  reference  to  catalogue  or  price 
list.     31   L.R.A.(N.S.)    927. 

Mistake  as  to  identity  of  property  as  ground 
of  relief  from  purchase  at  auction.  34 
L.R.A.(N.S.)  927. 


(572 


INDEX  TO  L.R.A.  NOTES. 


IDENTITY  AND  IDENTIFICATION,  III  — 

cont'd 
§    10.  Of  property  given  by  will. 

identilicatioTi  of  land  described  in  will.  6 
L.R.A.  (N.S.)    956;    L.R.A.1915E,   1008. 

Failure  to  identif}'  the  subject-matter  of  a 
devise  or  bequest.  36  L.R.A.  (N.S.) 
618. 

§   11.  Of  pleadings. 

Between  new  and  old  pleadings  within  rule 
as  to  limitation  of  actions.  3  L.R.A. 
(N.S.)  275;  33  L.R.A.(N.S.)  197;  47 
L.R.A.(N.S.)  932. 

§    12.  Of  handwriting. 

Opinion  evidence  as  to,  see  Evidence,  §§ 
198-205. 

Of  handwriting  used  as  standard  for  com- 
parison.    63  L.R.A.  433. 


IDIOTS. 

As  to  incompetent  persons  generally,  see  In- 
competent Persons. 

Actions  by.     2  L.R.A. (N.S.)    96L 


IGNORANCE. 


§    1.  Generally. 

Effect    of,    on    criminal    responsibility,    see 

Criminal  Law,  §§  13,  14. 
Of   minority   of   person   to  whom  liquor   is 

sold,  see  Intoxicating  Liquoes,  §  29. 
As  to  mistake,  see  Mistake. 

Of  cause  of  action  as  suspending  statute  of 
limitations  against  action  for  personal 
injuries  or  death.     L.R.A.1917B,  1259. 

Ignorance  of  law  as  no  excuse  entitling  to 
equitable  relief.     28  L.R.A. (N.S.)    796. 

Disqualifying  grand-  juror.     28  L.R.A.  205. 

Liability  of  physician  for,     37  L.R.A.  833. 

Adverse  possession  due  to  ignorance  as  to 
boundary.  21  L.R.A.  829;  33  L.R.A. 
(N.S.)   923. 

Evidence  of  specific  instances  to  prove  igno- 
rance of  servant.     14  L.R.A. (N.S.)   772. 

Servant's  ignorance  of  contents  of  a  release 
given  by  him  for  injuries  previously 
received.     48  L.R.A. (N.S.)   447. 

Of  debt,  as  aflFecting  assumption  of  debts  on 
dissolution  of  partnership,  48  L.R.A. 
(N.S.)  551. 

Effect  of  owner's  ignorance  of  alterations 
or  extras  on  right  to  recover  therefor 
under  building  contract  containing 
stipulation  that  alterations  or  extras 
must  be  ordered  in  writing.  48  L.R.A. 
(N.S.)  585. 

Estoppel  against  assertion  of  title  or  in- 
terest in  real  property  by  concealing  the 
same  or  representing  it  to  be  in  another 
as  affected  by  ignorance  of  person  claim- 
ing estoppel.     48  L.R.A. (N.S.)   770. 

§   2.  Of  party  to  contract. 

As  affecting  right  to  equitable  relief  from 
contract  by  which  one  has  been  over- 
reached.    5  L.R.A. (N.S.)    799. 

Begin  tvith  this  hook,  on  every  law  question. 


IGNORANCE— cont'd 

I'^ffect  of  validity  of  contract  of  one  party's 
ignorance  that  it  was  executed  by  tiie 
other  on  Sunday.  18  L.R.A.  (N.S. ) 
1170. 

Ignorance  that  article  furnished  as  butter  is 
oleomargarin  as  a  defense.  32  L.R.A. 
(N.S.)    746. 

Of  debt  as  affecting  assumption  of,  on  dis- 
solution of  partnership.  9  L.R.A. 
(N.S.)   70, 

Broker's  right  to  commissions  when  pale  is 
made  by  the  owner  in  ignorance  of 
former's  instrumentality  in  procurini; 
purchaser.     8  L,R.A.(N.S.)    153.     - 

Ignorance  of  extent  of  his  legal  rights  by 
servant  giving  release  from  injury  pre- 
viously received.     11  L.R.A.  (N.S.)   198. 

Servant's  ignorance  of  the  contents  of  a 
release  given  by  him  for  injuries  pre- 
viously received".     11  L.R.A.  (N.S.)   199. 

§   3.  Of  party  paying  money. 

Right  to  recover  back  overpayment  made  in 

ignorance     of     former     payment.       24 

L.R.A.(N.S.)   517, 
Right  of  bank  to  recover  amount  paid  on 

check    in    ignorance    of    insolvency    of 

drawer    who    was    indebted    to    it.      33 

L.R.A.(N.S.)     963. 
Right  to  recover  back  license  fee  voluntarily 

paid   in   ignorance   of   law.     22   L.R.A. 

(N.S.)   863, 


IliljEGAIj  ACTS. 


Injunction  against,  see  Injunction,  §§  16, 
17. 

Power  of  counsel  to  license,     45  L,R,A,  500. 


IliLEGAIi   BUILDING. 


Individual  liability  for  fall  of. 
562. 


34  L.R.A. 


IIjLEGAIilTY. 


Of  contracts,  see  Contracts,  IV. 


IliliEGAIi  USE. 


Validity  of  lease  of  premises  for  illegal  use, 
see  Contracts,  §  76, 

Right  of  one  intending  to  make  illegal  use 
of  property  to  invoke  aid  of  court  for 
recovery  from  one  who  has  wrongfully 
taken  the  same.  39  L.R.A.  (N.S.) 
]093. 

Property  held  for,  as  subject  of  larceny. 
L.R.A. 1918D,  690. 


INDEX  TO  L.R.A.  NOTES. 


673 


ILLEGITIMACY. 

§    1.  Generally. 

Action    for   death    of   illegitimate    child    or 

for   deatii   of   parent  of,   see  Death,   § 

8. 
As  to  bastardy  proceedings,  see  Bastardy. 
Conflict  of   laws   as    to,    see    Conflict    of 

Laws,  §  15. 
Presumptions   and   burden   of   proof   as   to, 

see  EviDE.NCE,  §  24. 

Belief  as  to,  as  insane  delusion.  37  L.R.A. 
274. 

Use  of  lunatic's  property  to  support  illegiti- 
mate children.     34*  L.R.A.  298. 

Illegitimate  child  as  a  "dependent"  within 
restriction  as  to  beneficiaries  of  mutual 
benefit  associations.  2  L.R.A.  (N.S.) 
653. 

Illegitimate  children  as  "dependents"  with- 
in meaning  of  \Vorlcmen"s  Compensation 
Statutes.     L.R.A.1938F,  485. 

Right  of  one  in  loco  parentis  to  maintain 
action  for  seduction  of  an  illegitimate. 
35  L.R.A.  (X.S.)   ]0G2. 

Right  to  recover  for  negligent  killing  of  il- 
legitimate, or  to  maintain  action  for 
benefit  of  illegitimate  for  negligent 
killing  of  relative.  2  L.R.A.  (N.S.) 
640. 

Conclusiveness  as  to  third  persons,  in 
actions  involving  legitimacy  of  chil- 
dren, of  decree  in  suit  for  divorce  or 
annulment  as  to  facts  adjudicated  as 
distinguished  from  status  established. 
38  L.R.A. (N.S.)    560. 

Domicil  of  illegitimate  child.  49  L.R.A. 
(N.S.)    8(;3. 

Status  of  child  begotten  after  divorce  be- 
tween parents.    51  L.R.A. (N.S.)  308. 

§  2.  Right  of  mother  or  reputed  father 
to  custody  or  control  of  illegitimate. 

Mother  generally  entitled  to  custody.  65 
L.R.A.  689.  ' 

Reputed  father's  right  to  custody  in  gen- 
eral.    65  L.R.A.  690. 

Eiglits  of  mother  or  reputed  father  as 
against  each  other.    65  L.R.A.  690. 

Rights  of  mother  or  reputed  father  as 
against  other  persons.  65  L.R.A. 
692. 

Right  of  mother  or  reputed  father  to  guard- 
ianship of  child.     65  L.R.A.  695. 

Right  of  mother  or  reputed  father  as 
against  guardian  of  child.  65 
L.R.A.  696. 

Rights  of  motiier  or  reputed  father  in  pro- 
ceedings affecting  custody.  65 
L.R.A.  696. 

§   2a.  Services  of  illegitimate  child. 

Who  may  recover  for.  44  L.R.A. (N.S.) 
1137." 

§   3.  Legitimation. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws. 


ILLEGITIMACV-^ont'd 

Necessity  of  parents  consent  to  adoption  of 
illegitimate  child.  30  L.R.A.  (N.S.) 
152. 

Effect  of  subsequent  marriage  of  parents  on 
antenuptial   issue.     13  L.R.A.  275. 

Effect  of  statute  legitimating  issue  of  void 
or  voidable  marriage.  L.R.A.1916C, 
764. 

What  amounts  to  recognition  within  stat- 
utes affecting  the  status  or  rights  of 
illegitimates.      L.R.A.1916E,   659. 

§   4.  Rights  of  illegitimate  children. 

Inheritance  by,  through,  or  from  illegiti- 
mate   persons,    see   Descent   and   Dis- 

TKIBUTIOX,  §  5. 

Right  of  illegitimate  children  in  homestead 

of  parent.     56  L.R.A.  55. 
Extrinsic  evidence  to  show  that  testator  in 

devising  property  to  children   intended 

to    include    illegitimate    children.      47 

L.R.A.(N.S.)   534. 

§   5.  Evidence  as  to. 

Presumption  and  burden  of  proof  as  to 
legitimacy,  see  Evidence,  §  24. 

Sufficiency  of  evidence  as  to.  see  Evidence, 
§  296. 

Parol  evidence  as  to  resemblance  on  issue 
of,  52  L.R.A.  500. 

Competency  of  woman  to  testify  aa  to  non- 
access  of  husband.  2L.R.Ar(N.S.)  619; 
L.R.A.1916B,   1053. 

Evidence  of  declarations  to  show  maternity 
of  illegitimate  child.  11  L.R.A. (N.S.) 
1052. 

Admissibility  of  declarations  of  relatives  of 
claimant  to  prove  legitimacy  or  re- 
lationship of  illegitimate.  36  L.R.A. 
(N.S.)    533;    L.R.A.1915D,  215. 

Admissibility  of  declarations  of  person 
since  deceased  against  his  or  her  own 
marriage.     15  L.R.A. (N.S.)    190. 


IliL  FAME. 


House  of,  see  Disorderly  Hotjsb. 


ILL   HEALTH. 


Sickness  generally,  see  Sickness. 

As  defense  to  action  for  breach  of  promise. 
40  L.R.A.  (N.S.)  585;  L.R.A.1916D, 
1276. 


ILLICIT  COHABITATION. 


Legitimation  of  offspring  of  adulterous  re-    Illicit  cohabitation  as  a  nuisance  or  crim- 

lations.     1   L.R.A. (N.S.)   773.  inal  offense.     L.R.A.1916C,  653. 

Consult  also  L.R.A.  Digests  of  Cases.    43 


674 


INDEX  TO  L.R.A.  NOTES. 


ILIilCIT  INTERCOURSE. 

See  also  Adultery;  Disorderly  Houses; 
Fornication;  Illicit  Relations;  In- 
cest; Lascivious  CoiiAniTATioN; 
Lewdness  ;   Prostitution  ;   Seduction. 


ILL   WILL. 

As  insane  delusion.     37  L.II.A.  267. 


IMBECILITY. 


Injunction  against  enforcing  contracts  for. 

,,  .,  •^'    •         •    .  .  ...         In  general,  see  iNCOMPfn-KXT  Pe:rsons. 

Evidence  of  other  crimes  iii  inosccution  for.  i  ^.„  ?„„.„.„'   ^,„  u',,tc.    cq  n   l- 
^9  T  p  4     "i^f)  testator,  sec  Wills,  §§  i)-lo. 

Evidence   of  specific   instances  of,   to  prove 
cliaracter  of  witness.     14  L.R.A.  (N.S.) 

^^^'  IMITATION. 

See  Unfair  Competition. 


ILLICIT  RELATIONS. 

Implied  contract  to  pay  for  services  of  per- 
sons living  in,  see  Contracts,  §  6. 

Enforcement  of  contract  between  parties  liv- 
ing in,  see  Contracts,  §  120. 

See  also  Adultery;  Disorderly  Houses; 
Fornication;  Illicit  Cohabitation; 
Incest  ;  Lewdness  ;  Prostitution  ; 
Seduction. 

Woman  living  in  as  a  "dependent"  within 
restrictions  as  to  iKjneficiaries  of  mu- 
tual benefit  associations.  2  L.R.A. 
(N.S.)  654:  36  L.R.A. (N.S.)  209. 

Right  to  recover  for  household  services 
rendered  while  parties  were  living  in. 
29  L.R.A.(N.S.)  787;  L.R.A.1917B,  683. 

Right  to  invoke  aid  of  court  to  deter- 
mine rights  to  projierty  accumulated  in 
common  by  parties  living;  in  illicit  rela- 
tions.    36  L.R.A.  ( N.S. )  '  S38. 

Right  of  self-defense  against  attack  due  to 
defendant's  illicit  relations  with  wife 
or  other  relative  of  assailant.  46  L.R.A. 
(N.S.)  13. 

Insurance  on  life  in  favor  of  paramour.  47 
L.R.A.(N.S.)    252. 


ILLITERACY. 


Effect  of  illiteracy  of  insured  retaining 
policy  as  to  which  insurer  has  been 
guilty  of  fraud  or  mistake.  67  L.R.A. 
740. 

Statement  of  accounts  by  illiterate  person. 
27  L.R.A.  820. 

Unknown  illiteracy  of  juror  as  ground  for 
new  trial.     50  L.R.A. (N.S.)   977. 

Proof  of  knowledge  bv  illiterate  of  the  con- 
tents of  his  will*     L.R.A.1918D,  765. 

Charge  of,  against  officer  or  candidate  for 
office  as  libel  or  slander.  L.R.A.1918E, 
27. 


-♦-•-♦- 


ILLNESS. 


See  Sickness. 


ILL  TREATMENT. 


^  •  » 


IMITATION  BUTTER. 

See  Food,  §  9, 


IMAGINATIVE  USES. 

Of  property  as  element  of  compensation  in 
eminent  domain.     L.R.A. 1917A,  405. 


IMMATERIAL  TESTIMONY. 

Immateriality  of  testimony,  see  Evidence, 
XII. 

May  perjury  be  predicated  of  false  testi- 
monv  before  grand  jurv  on  immaterial 
matters.     22  L.R.A.  (N.S.)    1192, 

May  charge  of  subornation  of  perjury  be 
based  on  false  testimony  which  is  im- 
material.    25  L.R.A.  (N.S.)   120, 


IM3IATURITY. 


Effect  of  immaturity  of  claim  at  time  of  in- 
solvency proceedings  on  right  of  set- 
off,    25  L.R.A.  (N.S.)    39.3. 

Finding  value  of  immature  policies  of  in- 
solvent insurance  company.  38  L.R..4, 
101. 


IMMEDIATE   DEATH. 

Apprehension  of,  as  requisite  to  admissibil- 
ity of  dying  declarations.  56  L,R,A, 
391, 


IMMIGRATION. 

See  Aliens,  §  3, 

.4—~^ . 


Of  servant,  see  Ma.stp:k  and  Servant,  §  6. 
lif'fjhi   ivith  thiy.  hook  on  ri-cri/  Inir  question 


IMMORAL   CONSIDERATION. 

Validity  of.  see  Contracts.  §  92. 


INDEX  TO  L.R.A.  NOTES. 


675 


IMMORALITY. 

See  also  Adultery;  Disorderly  Houses; 
forxicatiox  ;  illicit  cohabitation: 
Illicit  Intercoirse;  Iij.icit  Kela- 
Tioxs;  Incest;  Lasciviois  Cohabita- 
tion; Lewdness;  Prostitution;  Se- 
duction. 

Actionability  of  words  charging,  see  Libel 
and  Slander,  III.  b. 

Common  law  rights  in  immoral  work.  51 
L.R.A.  300. 

Libel  or  i^iander  by  charge  of,  against  pub- 
lie  oflicer  or  candidate.  L.K.A.1918E, 
37. 

Aa  ground  for  discharge  of  one  employed 
in  executive  or  supervisory  eapdcity. 
L.R.A.iniHC,  1038. 

As  ground  for  revoking  physician's  license. 
30  L.R.A.  (X.S.)  783;  43  L.R.A.  (K.S.) 
'.112:   ol  L.R.A.  (N.S.)    !»38. 

Effect  of,  on  parent's  ligiit  to  custody  of 
child.     41   L.R.A.(N..S.)   590.  603. 

Constitutionality  of  discrimination  leased  on 
race  or  color  in  police  regulations 
affecting.      34    L.R.A.  (X.S.)    604. 

Right  on  trial  for  homicide  to  show  im- 
morality of  deceased  as  bearing  on  de- 
fendant's intent  or  motive.  36  L.R.A. 
(N.S.)   397. 

State  legislation  for  prevention  of  immorali- 
ty as  inferference  with  interstate  com- 
merce.    51   L.R.A.  (N.S.)    157. 


IMPAIR>1EXT    OF   MEMORY. 

Impairment  of  nieinory  as  defense  to  prose- 
cution for  j)erjurv.  21 .  L.R.A.  (  N.S.) 
993. 


laiPASSABLE  RO.^DS. 

Liability  of  township  for.     13  L.E.A.(N.S.) 
1275. 


IMPEACHMENT. 


1  Of  certificate  of  aeknowlctlgment,  see 
'  Acknowledgment,  §  5. 

Of  dying  declarations,  see  Evidence.  §  242. 

Of  judicial  facts  on  which  administration  is 
based,  see  Execttors  and  Adminis- 
trators, §  10. 

Of  jurors  as  ground  for  new  trial,  see  New 
Trial,  §  8. 

Of  officer,  sec  Officers,  §  25. 

Of  enrolled  bill,  see  Statutes.  §  12. 

Of  witnesses,  see  Witnesses,  §§  41-44. 

Of  contradicting  affidavit  on  application  for 
continuanc-e.     16  L.R.A.  240. 

Of  indictment  by  showing  nonconcurrence  of 
twelve  grand  jurors.     28  L.R.A.  35. 

Right  of  defendant  in  action  for  eonversion 
to  impeach  jilaintiff's  title  as  being 
based  on  contract  void  under  statute  of 
frauds,     2  B.  R.  C.  733. 


IMMfXITY. 

Effect  of  agreement  for  immunity  of  accom- 
plice testifying  for  prosecution,  see 
Criminal  Law,  §  34. 

Of  accused  giving  self-incriminating  testi- 
mony, see  Criminal  Law,  §  51. 

Who  niav  grant  immunitv  to  witness. 
L.R.A. 1!)18A.  376. 

Eight  of  contractor  with  public  to  immu- 
nity which  latter  enjoys  from  liability 
for   damages.      L.R.A.llHOD.   511. 


IMPEDIMENT. 


To  marriage,  cohabitation  after  as  proof  of 
marriage.     14  L.R.A.  364. 


I3irEXDING  DANGER. 

See  Emergency. 


I3IPHCATION. 


IMPAIRMENT  OF  OBL.IG.ATIOX. 

See  Constitutional  Law,  §§  30-38. 


IMPAXEMXG  OF  JURY. 

See  Jury.  III. 

Consult  ali^o  L.R.A.  Digests  of  Cases. 


As    to   implied    agreements,    generally,    see 
Contracts,  §§  3-6;  Municip.'^l  Corpo- 
rations. §§  58-60. 
ImpHed  covenants,  see  Covenants,  §§  3,  4; 

Landlord  and  Tenant,  §§  21,  22. 
What  passes  by,  in  deed,  see  Deeds,  §§  21- 

23. 
Easement  by.  see  Easeme.vts,  §§  10-15. 
As  to   implied  guaranty,  see  Ouarantv. 
(  As  to  implied   warranty,  see  Saue.s,  S§  26- 
I  38,  53-59,  68. 

I  Repeal  of  statute  by,  si'C  ST.\TtrrES.  §  32. 
Devise  or  be<iuest  by.  see  Wnxs,  §  62.  ' 

Reasonableness  of  new  by-laws  as  implied 
condition  of  consent  to  change  of  by- 
laws.    8  L.R.A.  (N.S.)    521. 

Implied  consent  of  patient  to  surgical  opera- 
tion.    1  L.R.A. (N.S.)   441. 

Implied  invitation  as  basis  of  liability  for 
injury  bv  attractive  )iuisance.'  i!' 
L.R.A.  (N.S.)  1094;  L.R.A.  1915D, 
160. 


C76  INDEX  TO  L.R.A.  JNOTES. 

IMPLIED    CONTRACTS.  IMPOSTOR. 


See  CoxTBACTS,  §§  3-6;  MixjciPAr,  Coepo- 

BATIONS,   §§   58-00. 


IMPLIED  COVENANTS. 

See  Covenants,    §§    3,    4;    Landlord  and 
Texamt,  §§  21,  22. 


implie;P  repeal. 

Of  statutes,  see  Statutes,  §  32. 
■♦•» • 

IMPLIED  TRUSTS, 

See  Tbusts,  §  12i. 


IMPORTED    ARTICLES. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  105. 


IMPORTERS. 

License  of,  see  License,  §  30. 


IMPORTS  AND  EXPORTS. 

Validity  of  prohibition  laws  as  limited  by 
provision  of  Federal  Constitution 
against  laying  impost  on  imports  or 
exports.     15  L.R.A.  (X.S.)    929. 


IMPOSSIBILITY. 


As  excuse   for  nonperformance  of  contract, 
see  Contracts,  §§  124,  125. 


IMPOSSIBLE  DATE. 

Charging  commission   of  alleged  crime  at. 
2  L.R.A.(N.S.)   251. 


IMPOST. 


Payment  of  check  to,  by  bank,  see  Banks, 

§  25. 
Note  payable  to,  see  Bills  and  Notes,  §  14. 
Delivery  to,  by  carrier,  see  Carriers,  §  120. 

Liability  of  one  who  identifies  an  impostor, 
for  fraud  perpetrated  by  him.  51 
L.R.A.  (N.S.)     707. 


IMPOTENCY. 


Misrepresentations  or  concealment  as  to,  as 
ground  for  annulment  of  marriage.  13 
L.R.A.  (N.S.)  996. 

As  defense  to  prosecution  for  rape  or  as- 
sault with  intent  to  commit  rape. 
L.R.A.1915B,  131. 


IMPOUNDING. 


Of  animals,  see  Animals,  §  20. 

Right  of  riparian  owner  to  impound  water 
for  purpose  of  floating  logs.  35  L.R.A. 
(N.S.)   832. 


IMPRESSIONS. 


Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  732. 


IMPRISONMENT. 


Right  .of  prohibition  as  limited  by  provision 

of  United  States  Constitution,  article  1, 

§   10,  against  laying  an  impost  on   Im- 

•     ports  or  exports!     15  L.R.A. (N.S.)   929. 

Begin  with  this  hoolc  on  every  law  question 


Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  194. 

For  crime  generally,  see  Criminal  Law,  VI. 

As  ground  for  divorce,  see  Divorce  and 
Separation,  §  29. 

Enforcement  of  alimony  by,  see  Divorce 
and  Separation,  §  44. 

False  imprisonment,  see  False  Imprison- 
ment. 

For  debt,  see  Imprisonment  for  Debt. 

As  a  disability  within  saving  clause  of 
Statute  of  Limitations.  L.R.A.1918F, 
352. 

Effect  of  duress  by,  to  avoid  marriage.  43 
L.R.A.  816. 

Threats  of  imprisonment  by  public  officer  as 
duress.     L.R.A.1916B,  670. 

Effect  of,  as  abandonment  of  homestead.  3 
L.R.A.  (N.S.)   515. 

Condition  of  place  of,  as  element  of  dam- 
ages in  action  for  malicious  prosecution 
or  false  imprisonment.  33  L.R.A.  (N.S.) 
291. 

Designation  of  wrong  place  of,  as  ground 
for  discharge  on  habeas  corpus.  13 
L.R.A. (N.S.)  518. 

Imprisonment  of  one-  of  the  parties  to  a 
contract  as  affecting  rights  and  obliga- 
tions thereunder.     L.R.A.1917F,  628. 


INDEX  TO  L.R.A.  NOTES. 


6.7 


IMPRISONMENT  FOR  DEBT. 

Constitutionality  of.    34  L.R.A.  634;  L.R.A. 
1915B/645. 
Enforcing  orders  and  decrees  of  court. 
34    L.R.A.    661;    L.R.A.]  915B, 
649. 
Alimony.      34    L.R.A.    665:    17    L.R.A. 
(N.S.)   1140;  L.R.A.1915B,  6.Jl. 
Constitutionality    of   statute   providing   for 
imprisonment  for  breacli  of  contract  of 
labor  or  rental.     21   L.R.A.  (X.S.)    242. 
Constitutionality    of   statute   providing    for 
imprisonment    for    beating    board    bill. 
21  L.R.A.  (N.S.)   259. 
Effect  of  discliarge  from   imprisonment  un- 
der insolvent  law  on  equitable  remedy 
to  subject  choses  in  action  to  judgment. 
63  L.R.A.  694. 


IMPROBABILITY. 


Offen.se  of  obtaining  money  by  false  pre- 
tenses as  affected  by  improbability  of 
representations  made.  6  L.R.A. (N.S.) 
369;  L.R.A.1916C,  1104. 


IMPROVEMENT  COMPANIES. 

For  improving  navigability  of  stream.     67 
L.R.A.  828. 


IMPROVEMENT  OF  NAVIGATION. 

See  Watebs,  §§  19,  20. 


IMPROVEMENTS. 


§   1.  Generally. 

Recovery  in  eminent  domain  for  improve- 
ments made  by  person  seeking  con- 
demnation, see  Damages,  §  84. 

Relief  as  to,  in  ejectment,  see  Ejectment, 
§    12. 

Estoppel  by  permitting  making  of,  see  Es- 
toppel, §  25. 

Of  highway,  see  Highways,  V.;  Public  Im- 
provements. 

On  leased  premises,  see  Landlord  and  Ten- 
ant, §§  17-18.  40.  41,  48-54. 

Lien   for  generally,  see  Liens,   §   11. 

Mechanics'  lien  for,  see  Mechanics'  Liens. 

As  to  public  improvements  generally,  see 
Public  Improvements. 

Of  navigation,  see  Waters,  §§  19,  20. 

For  wharf,  cost  of,  see  Wharves,  §  4. 

Impr-^vement  of  right  of  way.    L.R.A. 1 91 8A, 

593. 
Right  of  one  holding,  to  notice  to   redeem 

from  tax  sale.     44  L.R.A. (N.S.)   676. 
Consult  also  L.R.A.  Dif/esffi  of  Cases. 


IMPROVEMENTS— cont'd 

Treatment  of  cost  of,  in  estimating  the 
return  of  a  public  service  corporation 
for  rate-making  purposes.  52  L.R.A. 
(N.S.)    15. 

Right  of  widow  to  dower  in  improvements 
not  made  by  husband.     3  B.  R.  C.  957. 

Constitutionality  of  retroactive  statute 
creating  right  of  action  on  account  oL 
52  L.R.A.  934.        .  • 

Obstructing  flow  of  surface  water  by.  21 
L.R.A.  600. 

Of  canals.     61  L.R.A.  876. 

Revaluation  of  homestead  because  of  adding. 
44  L.R.A.  402. 

Right  of  relocator  of  mining  claim  as  aban- 
doned or  forfeited  to  credit  for  value 
of  improvements  by  original  locator. 
68  L.R.A.  846. 

Allowance  for,  in  determining  reasonable- 
ness of  railroad  rates  prescribed  by  the 
state  for  local  traffic.  15  L.R.A.(N.S.) 
116. 

Of  personal  property  at  request  of  bailee. 
38  L.R.A. (N.S.)  97. 

Mistake  as  to  improvements  as  ground  of 
relief  from  purchase  at  auction.  34 
L.R.A. (N.S.)  930. 

Notice  of  title  to  land  from.  13  L.R.A. 
(N.S.)    92. 

Right  of  devisee  or  heir  to  completion  of 
improvements  at  the  expense  of  the  es- 
tate.    36  L.R.A. (N.S.)   303. 

Evidence  of  structural  value  of  improve- 
ments to  fix  damages  in  condemnation. 
41  L.R.A.  (N.S.)    411. 

Abandonment  or  loss  of  private  vjcay  by  im- 
provements inconsistent  with  its  use. 
22  L.R.A. (N.S.)  880;  42  L.R.A.  (N.S.) 
741. 

§   2.  What  are. 

Plowing  and  cultivating  land  as  an  /'im- 
provement."    20  L.R.A. (N.S.)    378. 

§   3.  Consent  to  making  of. 

Subsequent  promise  to  pay  for,  when  made 
without  promisor's  consent.  53  L.R.A. 
375. 

Requiring  or  permitting  another  to  make 
improvements  on  land  at  his  own  ex- 
pense as  a  consent  by  the  owner  which 
will  subject  his  interest  to  a  lien.  11 
L.R.A. (N.S.)   764. 

§   4.  On  public  lands. 

See  Public  Lands,  §§  9,  10. 

§   5.  On  trust  property. 

Trustee's  power  to  mortgage  tru-st.  estate 
for  purpose  of  making  improvements 
so  as  to  render  it  productive.  7  L;R.A. 
(N.S.)  263. 

§    8.  On  partncrsliip  lands. 

On   partnership  lands,     27  L.R.A.  484. 

Effect  of  improvements,  on  question  whether 
real  estate  is  partnership  property.  37 
L.R.A. (N.S.)   904. 

Widow's  right  to  do\yer  out  of  improve- 
ments upon  partnership  real  estate.  27 
L.R.A.  347. 


(i78 


INDEX  TO  L.R.A.  NOTES. 


I. VITMJOVEMENTS-— cont'd  I 

§   7..  Under  occupying  claimant's  act.      I 

Relief    uikU'V   oceupyiiig    olainiant's   acts    of  I 

one  huving  or  making  lawful  entry  on  j 

pul.lip  "land.     70  L.R.A.  80:5. 
Right  to  allowance  for  iuiprovenientfs  made  | 

licfore    acquijinf>     color    of    title.      37 

L.R.A.  (N.S.)   918. 

§    8.   n.v  liushantl  or  wife. 

Jmprovements   made'  by    liusliand   on   wife's 

land    as    fraud    against     his    creditors. 

■21  L.R.A.  631. 
Husband's    right    to    compensation    for    ini- 

j>rovenients  on  land  held  by  entireties. 

••^O  L.R.A.  309. 
When  .separate  proi)erty  of  married  woman 

chargeable  witii  costs  of  improvement. 

3  L.R.A. (N.S.)   .307. 
Improvement  of  real  property  as  a  family 

expense    or    necessary    within    statute 

rendering   wife   or   her   property   liable 

therefor.     L.R.A.1917F,  862. 

§   9.  By  life  tenant. 

See  LitE  Tenant,  §  9. 

§    10.  By  cotenants. 

Liability  for,  see  Cotenancy,  §  9. 

§    11.  By  vendor  of  land. 

Admissibility  of  parol  evidence  as  to  im- 
provements to  be  made  on  tract  from 
which  a  lot  is  sold.  36  L.R.A.  (N.S.) 
896. 

Right  of  vendee  to  rescind  executory  con- 
tract for  sale  of  land  because  of  vend- 
or's breach  of  covenant  to  make  im- 
provements. 21  L.R.A.(N.S.)  823; 
L.R.A.1917B,  403. 

§   12.  By  purchaser  of  land. 

Specific  performance  of  oral  contract  to  con- 
vey real  estate  in  consideration  of  mak- 
ing improvements  where  possession  is 
not  taken.    33  L.R.A.  (N.S.)   534. 

Right  of  one  in  possession  under  void  fore- 
closure sale  to  payment  for.  40  L.R.A. 
(N.S.)   845. 

§   13.  Under  oral  contract. 

Rights  in   respect  to  compensation  for   im- 
provements on  land,  made  in  good 
faith,    under    an    oral   contract    or 
gift.    53  L.R.A.  337. 
Effect  of  making  improvements  under  lease 
for  term  beyond  that  permitted  by  stat- 
ute   to    entitle    lessee    to    hold    during 
term.     3  L.R.A. (N.S.)    854.      . 

§    14.  By  one  holding  under  tax  deed. 

Right  of  one  holding  under  invalid  tax  deed 
to  be  reimbursed  for  improvements.  34 
L.R.A. (N.S.)    549. 

§    14a.  By  mortgagee  in  possession. 

Right  and  dutv  of  mortgagee  in  possession 
as  to.    49" L.R.A. (N.S.)    124. 

8  15.  On  redemption  from  foreclosure 
.sale. 

Allowance  for,  upon  redemption  from  mort- 
gage foreclosure  sale.    9  "L.R.A.  676.* 


IMPUTED   KNOWLEDGE. 

See  Ba.nk.s.  §  8a;  Insuraxce.  §  20;  Notice, 
§§  13-15. 


IMPUTED    NEGLIGENCE. 

Imputing  attorney's  negligence  to  client,  see 

Attorneys,  §  17. 
In  general,  see  NEGLUiENCE,  §§  41-49,  55. 


IMPUTED  NOTICE. 


See  Banks,  §  8a;  Insurance,  §  20;  Notice, 
§§  13-15. 


INx\BIIjITY. 


Effect  of,  on  right  to  specific  performance, 
see  Specific  Performance,  §  20. 

Inability  to  pay  alimony  as  defense  to  con- 
tempt. 30  L.R.A.  (N.S.)  1001;  L.R.A. 
1917C,  97. 


INADEQUACY. 


Of  consideration,  see  Contracts,  §  ^.4. 
Inadequate  damages  for  personal  injury,  see 
Damages,  §  64. 

As  ground  for  setting  aside  verdict.  11 
L.R.A.  50;*  47  L.R.A.  33. 

Liability  of  railroad  for  delay  in  transpor- 
tation of  freight  due  to  inadequate  fa- 
cilities. 10  L.R.A.  (N.S.)  432:  34 
L.R.A. (N.S.)    637. 

Consideration  of  inadequacy  of  equipment 
in  treatment  of  depreciation  in  esti- 
mating return  of  public  service  corpora- 
tion for  rate-making  purposes.  52 
L.R.A.(N.S.)    37. 


INADVERTENCE. 


As   ground    for    relief    from    judgment,    see 
Judgment,  §  94. 


INANIMATE    PROPEHTY. 

Title  and  right  to  escaped  inanimate  p.op- 
erty.     43  L.R.A. (N.S.)    460. 


INCAPACITY. 


Charge  of,  against  officer  or  candidate  for 
office  as  libel  or  slander.  L.R.A.1918E, 
27. 


INCENDIARISM. 


Begin  ivitJt  this  hoolc  on  evevij  laiv  question. 


See  Arson. 


INDEX  TO  L.K.A.  NOTES. 


679 


INCEST. 

§   1.  Generally. 

Conflict  of  laws  as  to  incestiiois  marriage. 
57  L.R.A.  166;  43  L.R.A.(X.S.)   358. 

May  girl  below  the  age  of  consent  im  guiltv 
of  incest.    27  L.R.A.  (ICS.)  872. 

Between  persohs  related  bv  marriage.  31 
L.R.A.  (N.S.)    772. 

Slander  in  charging  person  with.  24  L.R.A. 
(X.S.)   612. 

Incestuous  marriage  as  void  or  voidable. 
L.R.A.191()C,  723. 

Validitv  of  marriage  with  relative  by  mar- 
riage.    L.R.A.1916C,  756. 

rormcr  jeopardy  in  case  of.  L.R.A. 19 1 5A, 
256. 

Acquittal  of  one  of  the  parties,  as  bar  to 
))rosocution  of  the  other.  49  L.R.A. 
(X.S.)    479. 

Conviction  or  acquittal  of  one  indicted  for 
incest  as  l)ar  to  prosecution  for  simi- 
lar offense  with  the  same  person  at  a 
different   time.     L.R.A.1917D,   731. 

§   2.  Evidence;  witnesses. 

Proof  of  corpus  delicti  in  prosecution  for. 
08  L.R.A.  45. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  329. 

Admissibility  of  evidence  of  prior  or  subse- 
quent acts  of  intercourse  between  the 
parties  in  a  orosecution  for  incest.  26 
L.R.A.  (X.S.)     466;    L.R.A. 1915A,    138. 

Evidence  of  specific  instances  to  prove  char- 
acter for  chastitv  in  prosecution  for. 
14  L.R.A. (N.S.)  725;  L.R.A.1916B,  966. 

Husband  or  wife'  as  witness  against  the 
other  in  prosecution  for.  2  L.R.A. 
(N.S.)   862;  L.R.A.1917E,  1134. 

Age  of  alleged  accomplice  as  affecting  ne- 
cessitv  of  corroboration  of  testimony. 
L.R.a'.1915E,   1222. 


INCOME. 

1.  Generally. 

Apportionment  of,  see  Apportionjiknt,  §  2. 
As  between  life  tenants  and  remainderpien, 

see  Life  Tenants,  XL 
Right    to,     on     foreclosure,    see    Mortcace. 

§  79a. 

Misstatement  as  to  income  of  insured. 
L.R.A. 1917C,  344. 

Consideration  of  earnings  or  income  in  de- 
termining the  value  of  property  for 
purposes  of  taxation.  L.R.A. 1916C, 
529. 

Application  of  child's  income  to  his  sup- 
port.    57  L.R.A.  740. 

Right  to,  after  foreclosure  decree  and  be- 
fore perfecting  of  purchaser's  title. 
1  L.R.A.  (X.S.)   1079. 

Taxation  of,  as  part  of  capital  stock  of  cor- 
poration.    58  L.R.A.  569. 

I  §    2.  Bequest  of. 

!  Bequest  of,  see  Wills,  §  95. 

j  §   3.  Rights  of  husband  and  wife  as  to. 

Respective  rights  of  husband  and  wife  to 
income  from  estate  by  the  entireties. 
19  L.R.A. (X.S.)   1037." 

Power  of  legislature  to  change  income  of 
separate  property  from  community 
property  to  separate  property  and  vice 
versa.     37  L.R.A. (N.S.)   186. 

§   4.  Of  railroad  company. 

Basis  on  which  income  is  to  be  computed  in 
determining  reasonableness  of  railroad 
rates  prescribed  by  state  for  local 
traffic.  15  L.R.A. (N.S.)  109;  25  L.R.A. 
(N.S.)    1002. 

Minimum  ratio  of  income  in  determining 
reasonableness  of  railroad  rates  pre- 
scribed by  state  for  local  traffic.  15 
L.R.A.  (N.S.)  Ill;  25  L.R.A.  (N.S.) 
1002. 

Sufficiency  of  railroad  rates  prescribed  by 
state  for  local  traffic  to  produce  mini- 
mum income.  15  L.R.A.  (N.S.)  112;  25 
L.R.A.  (N.S.)    1004. 


INCIDENTAL  EXPENSES. 

Attorney's   implied  authority  to  incur.     23 
L.R'.A.(N.S.)   702. 


INCIDENTAL  PARDON. 

Legislative  power  to  grant.    34  L.R.A.  254. 


INCIDENTAL  SERVICE. 

EfTect  of  rendering  incidental  service  to 
meml)ers  of  the  public  to  make  cor- 
poration, otherwise  private,  a  public 
utility.     L.R.A.1918A,  213. 

Consult  also  L.R.A.  Digests  of  Crises. 


INCOME  TAX. 

■See  Taxes,  §  106. 


INCOMPATIBLE    OFFICES. 

See  Officers,  §  5. 


■♦•» 


INCOMPETENCY. 

Of  juror,  see  Jury,  III.  b. 

Of  fellow  servants,  see  Master  and  Serv- 
ant, §§  104,  105. 

Mental  incompetency,  see  Incompetent 
Persons. 

Charge  of,  against  officer  or  candidate  for 
office  as  libel  or  slander.  L.R.A. 101 8E, 
27. 


680 


INDEX  TO  L.K.A.  NOTES. 


INCOlMPETENCy— cont'd 

As  ground   for   diccliarge   of   one   employed 

in    executive    or    supervisory    capacity. 

L.R.A.1918C,  1038. 


INCOMPETENT  PERSONS. 

/.  In  general,  §  1. 
JI.  Who  are,  §§  2-4. 
III.  Inquisition   and   lunacy   proceed- 
ings,  §§  5-7. 
Capacity;  contracts;  deeds,  §§  8- 

10. 
Negligence  of  or  towards;   torts, 

'§§   11,   12. 
Property  rights,  §§   13-16. 
Confinement;  support,  §17. 
Actions    and    proceedings;    judg- 
ments, §§   18-20. 
IX.  Guardian   or   committee,    §§    21- 

24:. 

I.  In  general. 


IV. 


VI. 
VII. 
VIII. 


§   1.  Generally, 

Asylum  for,  see  Asylum. 

Mental  condition  as  affecting  criminal  re- 
sponsibility, generally,  see  Criminal 
Law,  §§  8-10,  42. 

Insanity  after  commission  of  criminal  act, 
see   Criminal  Law,   §   42. 

Insanity  as  ground  of  divorce,  see  Divorce 
AND  Separation,  §  28. 

Intoxicated  persons,  see  Drunkenness, 
§§  5-9. 

Presumption  and  burden  of  proof  as  to  san- 
ity, see  Evidence,  §§  38-40,  61a. 

Opinion  evidence  as  to  sanity,  see  Evidence, 
VIII.  e. 

Relevancy  of  evidence  as  to  sanity,  see  Evi- 
dence, §  254. 

Sufficiency  of  evidence  as  to  sanity,  see  Evi- 
dence, §§  291,  292,  297,  298,  316. 

Effect  of  husband's  insanity  on  wife's  dis- 
ability, see  Husband  and  Wife,  §  14. 

Suicide  of  insured  while  insane,  see  Insur- 
ance, §  171. 

Effect  of  insanity  on  judgment,  see  Judg- 
ment, §  33. 

Marriage  of,  see  Marriage,  §  10. 

Weight  of  evidence  as  to  sanity  as  question 
for  jury,  see  Trial,  §  21. 

Question  for  jury  as  to  sanity,  see  Trial, 
§   29. 

Competency  of,  as  witnesses,  see  Witnesses, 
§   14. 

Cross-examination  of  witness  as  to  sanity, 
see  Witnesses,  §  33. 

As  to  married  women,  see  Husband  and 
Wife. 

As  to  Indians,  see  Indians. 

As  to  infants,  see  Infants. 

Mental  anguish  because  of  inability  to  at- 
tend insane  brother,  as  element  of  re- 
covery in  telegraph  cases.  49  L.R.A. 
(N.S.)  238,  334. 

Applicability  of  workmen's  compensation 
act  where  insane  workman  commits 
suicide  or  suffers  personal  injury. 
L.R.A. 1916A,  339. 

Begin  with  this  book  on  every  laic  question 


IXCO^NIPETENT  persons,  I.— cont'd 

Recovery  imder  Workmen's  Compensation 
Act  for  injury  from  fall  caused  or  ac- 
companied by  abnormal  mental  con- 
dition.     L.R.A.1918F,   903. 

Insanity  as  an  accident  within  the  meaning 
of  the  Workmen's  Compensation  Act. 
L.R.A.1917D,   112. 

Arrest  iipon  suspicion  of  insanity.  L.R.A. 
1916C,  230 

Insanity  as  act  of  God.  4  L.R.A. (N.S.) 
898. 

Right  to  remove  from  state.    58  L.R.A.  931. 

Effect  of  incompetency  on  rights  of  parent 
to  custody  of  child.  41  L.R.A. (N.S.) 
592,  606."^ 

Liens  on  subject-matter  of  legacy  or  devise 
while  testator  is  insane  as  an  ademp- 
tion.    40  L.R.A. (N.S.)    548. 

Insanity  of  husband  as  affecting  wife's  dis- 
ability of  coverture.     34  L.R.A.  223. 

Lunacy  as  total  disability  of  insured.  38 
L.R.A.  537. 

Who  may  elect  against  will  in  behalf  of 
insane  widow.  17  L.R.A.  296;  35 
L.R.A.(N.S.)  1210;  49  L.R.A.(N.S.) 
1108. 

Rule  admitting  statements  made  in  presence 
of  party  and  undenied  by  him  as  af- 
fected by  his  mental  and  physical  con- 
dition at  the  time.  13  L.R.A. (N.S.) 
349. 

Right  to  recover  for  insanity  resulting  from 
fright  caused  by  wrongful  act.  3 
L.R.A. (N.S.)  57.  ' 

Carrier's  liability  for  injury  to  pregnant 
woman  by  seeing  lunatic  on  train.  39 
L.R.A. (N.S.)   647. 

Duty  of  carrier  to  accept  insane  person  as 
passenger.  26  L.R.A. (N.S.)  172;  L.R.A. 
1915E,  788. 

Evidence  of  specific  instances  to  prove  in- 
sanity of  fellow  servant.  14  L.R.A. 
(N.S.)    773. 

Computation  of  period  of  abandonment  as 
affected  by  insanity  of  defendant.  16 
L.R.A.(N.S.)    1071. 

Right  of  witness  to  give  opinion  on  exact 
issue  as  to  sanity  or  mental  capacity 
of  accused.     36  L.R.A.  65. 

Trial  of  insane  person  as  former  jeopard}'. 
35  L.R.A.(N.S.)    470. 

Mental  condition  of  accused  at  time  of  mak- 
ing confession  as  affecting  voluntari- 
ness. 18  L.R.A. (N.S.)  788;  50  L.R.A. 
(N.S.)   1082. 

Of  witness  as  ground  for  admission  of  tes- 
timony given  upon   preliminary   exam- 
ination.     25    L.R.A. (N.S.)    873. 
Asexualization     or     sterilization     of.       41 

L.R.A.(N.S.)   419;   L.R.A.1918D,  236. 
Effect  of   insanity  or   mental    incompetency 
of  executor  or  administrator.   45  L.R.A. 
"(N.S.)   1073. 
Insanity  as  a  ground  for  refusing  extradi- 
tion.    46   L.R.A. (N.S.)    397. 
Mental  incapacity  of  partner  as  dissolution, 
or  a  ground  for  dissolution  of  a  part- 
nership.    47   L.R.A.(N.S.)    839. 


INDEX  TO  L.R.A.  NOTES. 


681 


INCOMPETENT  PERSONS— cont'd 

II.  Who    are. 

§   2.  Generally. 

Presumption  and  burden  of  proof  as  to  san- 
ity, sec  E\^DE^•CE.  §§  38-40.  61a. 

Relevancy  of  evidence  as  to  sanity,  see  Evi- 
dence. §  254. 

Opinion  evidence  as  to  sanitr,  see  Evidence, 
VIII.  e. 

Sufficiency  of  evidence  as  to  sanitv,  see 
EviDEXCE,  §§  291,  292,  297,  298,  315. 

Does  disqualification  of  physician  as  wit- 
ness extend  to  mental  condition  of  pa- 
tient.    L.R.A.1918E,  974. 

Law  with  reference  to  hypnotism.  40 
L.R.A.  269. 

Desire  of  aged  person  to  marry  as  ground 
for  appointment  of  guardian.  47  L.R.A. 
(N.S.)   475. 

■§   3.  What  are  Insane  delusions. 

Insane    delusions    defined.      37    L.R.A.    261. 
Must  be   insane.     37  L.R.A.  262. 
Must  be  against  evidence.     37   L.R.A.  263. 
Must  be  connected  with  the  act  in  question. 

37  L.R.A.  264. 
Must   be   sufficient   to   excuse   if    true.      37 

L.R.A.  266. 
Prejudice:    ill-will.     37   L.R.A.   267. 
Eccentricities  and  belief  in  absurdities.     37 

L.R.A.  267. 
Application   of   ordinary   tests.      37   L.R.A. 

268. 
Delusions  on  particular  subjects.     37  L.R.A. 
269. 

S  4.  Morphinism  and  other  addictions 
as  aflfecting  responsibility  and  ca- 
pacity. 

Scope  and  general  view  of  the  subject.  39 
L.R.A.  262. 

Effect  on  criminal  responsibilitv.  39  L.R.A. 
262. 

EflFect  on  capacitv  to  contract.  39  L.R.A. 
262. 

Effect  on  testamentary  capacity.  39  L.R.A. 
263. 

As  a  ground  for   divorce.     39   L.R.A.   264. 

As   affecting    insurance.      39   L.R.A.   265. 

As  affecting  competency  of  witness.  39 
L.R.A.  265. 

///.  Inquisition  and  lunacy  proceed- 
ings. 

§   5.  Generally. 

Appointment  of  guardian  or  committee,  see 
infra,  §§  22,  23. 

Constitutional  right  to  trial  by  jury  in  in- 
quisition of  insanity.  L.R.A.1918A,  348. 

Opinion  evidence  by  nonexpert  as  to  con- 
tractual or  testamentary  capacity  in. 
37  L.R.A. (N.S.)   598. 

Right  to  dismiss  proceedings  in  nature  of 
writ  inquirendo  de  lunatico.  51  L.R.A. 
(N.S.)   1191. 

%   6.  Notice  of  proceedings. 

Necessity   and   sufficiency   of   notice   to  the 
"alleged  lunatic.    23  L.R.A.  737;  26 
L.R.A.  (N.S.)    232. 
Notice  to  others.    23  L.R.A.  744. 
CoiKiiIt  also  L.B.A,  Difjefts  of  Cases. 


INCOMPETENT  PERSONS,  III.— cont'd 
§    7.  Effect  of  inquisition. 

To  establish  insanity'  of  grantor  of  land. 
19  L.R.A.  493. 

On  competency  of  witness.  37  L.R.A.  427: 
46  L.R.A." (N.S.)    1031. 

On  judgment  against  insane  person  39 
L.rTa.    783:    35    L.R.A. (N.S.)     1097. 

On  validity  of  marriage  of  insane  person. 
40  L.R.A.  743. 

Right  of  insane  person  to  institute  pro- 
ceedings by  next  friend  after  inquisi- 
tion.    64  L.R.A.  526. 

IV.  Capacity;    contracts;    deeds. 


§   8.  Generally. 

Criminal  liability  of  incompetent,  see  Crim- 
inal Law,  §  8. 

Presumption  and  burden  of  proof  as  to  ca- 
pacity, see  Evidence,   §§   38,  39. 

Opinion  evidence  as  to  capacity,  see  Evi- 
dence, VIII.  e. 

Sufficiency  of  evidence  as  to  capacitv,  see 
Evidence.  §§  291,  292,  297,  298.' 

Contracts  with  drunken  persons,  see  Drunk- 
enness. §§  3,  4. 

Capacity  to  enter  into  contract  of  marriage, 
see  Marriage,  §  10. 

Testamentary  capacity  of  testator,  see 
Wills,  §§  9-15. 

Capacitv  to  make  contract  as  affected  bv 
mental  conditions.    3  L.R.A.(N.S.)  174. 

Renewal  of  obligations  by.     34  L.R.A.  274. 

Right  of  bona  fide  holder  of  promissory 
note  of  insane  person.     35  L.R.A.  161. 

Effect  of  insanity  of  party  to  revoke  war- 
rant of  attorney  to  confess  judgment. 
13  L.R.A.  797. 

Validity  of  contract  executed  after  insanity 
in  pursuance  of  an  obligation  assumed 
while  sane.     14  L.R.A. (N.S.)   962. 

Power  of  guardian  or  committee  to  bind 
incompetent  person  or  his  estate  bv 
contract.     8   L.R.A.  (N.S.)    436. 

What  circumstances  will  charge  one  with 
notice  that  other  contracting  party  is 
of  unsound  mind.  31  L.R.A.  (N.S.) 
1159. 

Right  to  enforce  mortgage  given  by  incom- 
petent person  who  had  not  been  de- 
clared such.    42  L.R.A.  ( N.S. )  343. 

Effect  upon  liability  of  surety  of  principal's 
incapacity  to  contract.  20  L.R.A.  (N. 
S.)    1000. 

Statute  of  frauds  as  affecting  guaranty  of 
contract  of  person  under  disability.  33 
L.R.A.  359. 

Consent  of  incompetent  or  his  guardian, 
committee,  or  agent  to  a  license  for  the 
sale  of  intoxicating  liquors.  L.R.A. 
1916D,  819. 

Competenc)'  of  parties  to  agree  to  arbitrate. 
47  L.R.A. (N.S.)   .345. 

Mental  capacity  of  servant  executing  release 
on  accepting  benefits  of  relief  fund. 
11  L.R.A.(N.S.)  201;  48  L.R.A. ( N.S  ^ 
450. 

Insanity  of  subscriber  to  charitv  as  revok- 
ing subscription.    48  L.R.A."(N.S.)  801, 


682 


INDEX  TO  L.R.A.  NOTES. 


INCOMPETENT  PERSONS,  IV.— cont'd 
Right  to  recover  against  incompetent  or  his 
estate  for  legal  'services  in  attempting 
to  secure  his  freedom,  or  in  resisting 
lunacy  proceedings.  45  L.R.A. (N.S.) 
67. 

§   9.  Insurance  matters. 

Effect  of  insanity  on  failure  to  pay  insur- 
ance premium  wlien  due.  12  L.R.A. 
(N.S.)   319;  46  L.R.A.(N.S.)   537. 

Insanity  of  insured  as  excuse  for  failure  to 
give  notice  or  furnish  proofs  of  loss  as 
required  by  policy  of  lire  insurance. 
L.R.A.1<)17A,  305. 

Insanity  of  member  as  affecting  decision  of 
lodge   against   him.      49   L.R.A.    371. 

Rights  and  remedies  of  prior  beneficiary 
where  insured  was  mentally  incompe- 
tent when  he  made  a  change  of  bene- 
ficiary.    L.R.A.1916C,  1132. 

§   10.  Deeds. 

Validity  of  deed.     19  L.R.A.  489. 

Belief  in  spiritualism,  witchcraft,  etc., 
as  affecting  capacity  to  make  will 
or  deed.  16  L.R.A.  677. 
Deed  in  partition  by.     57  L.R.A.  340. 

May  deed  of  real  property  executed  by  an 
incompetent  not  judicially  declared 
sucli  be  avoided  in  action  at  law.  19 
L.R.A.  (N.S.)  461. 

Validity  of  deed  executed  during  lucid  inter- 
val by  adjudged  incompetent.  4  B.  R. 
C.  4.'5'l. 

Conveyance  of  homestead  during  insanity  by 
one  of  spouses.     13  L.R.A. (N.S.)    430. 

Right  of  devisee  or  legatee  to  attack  con- 
vevance  or  transfer  bv  testator.  30 
L.R.A.(N.S.)   194. 

Mental  incapacity  of  grantor  as  rendering 
title  unmarketable.  38  L.R.A.  (N.S.) 
26. 

Power  of  court  or  guardian  to  consent  to 
conveyance  by  trustee  under  a  trust 
requiring  consent  by  cestui  que  trust. 
39  L.R.A. (N.S.)   39. 

Undue  influence  in  conveyance  or  transfer 
of  property  by  person  physically  or 
mentally  feeble  in  consideration  of  sup- 
port of  the  grantor  or  a  third  person. 
52  L.R.A. (N.S.)   476. 

Signature  made  by  hand  of  unconscious 
person.     L.R.A.1915B,  678. 

F.  Negligence  of  or  towards;  torts. 


INCOMPETENT   PERSONS,  V.— cont'd 

Injuries  inflicted  by  insane  persons  as  witii- 
in  i)rovision  in  accident  insurance  pol- 
icy exempting  insurer  or  limiting  lia- 
bility in  case  of  injury  intentionally 
indicted  Ijy  another.  48  L.R.A. (N.S.) 
527. 

Right  to  show  disability  of  adult  on  issue  of 
contributory  negligence  without  allega- 
tion thereof.     L.R.A.1917D,  558. 

§12.  Civil  liability  for  torts  or  negli- 
gence. 

Civil   liability   of    insane   persons   for  torts 
or  negligence.     26  L.R.A.  153:   42 
L.R.A. (N.S.)   83. 
Liability  of  lunatic  for  torts  of  committee, 

guardian    or    employee.      42   L.R.A. (N. 

S.)   87. 
Responsibility    of    one    having    custody    or 

control  of  person  mentally  incompetent, 

for    latter's    torts.       50  "^  L.R.A. (N.S.) 

1104. 

VI.  Property  rights. 

§13.  Generally. 

Who  may  elect  against  will  in  behalf  of  an 
insane  widow.  17  L.R.A.297;  49  L.R.A. 
(N.S.)   1108. 

Effect  of  imbecility  of  person  for  whose 
benefit  particular  estate  is  created,  wlio 
is  member  of  class  at  testator's  death, 
on  time  for  ascertaining  wlio  belonged 
to  class  under  description  as  testator's 
"heirs,"  "next  of  kin,"  "relations,"  etc. 
33  L.R.A.  (N.S.)    12. 

Place  of  taxation  of  lunatic's  property.  20 
L.R.A.  155. 

§    14.  Abandonment  of  homestead. 

Abandonment,  conveyance,  or  encumbrance 
of  homestead  during  insanity  of  one  of 
the  spouses.     13  L.R.A. (N.S.)  430. 

Effect  of  insanity  and  imprisonment  as 
abandonment  of  homestead.  3  L.R.A. 
(N.S.)   515. 

§15.  Use  of  property. 

To  carry  out  his  presumed  wishes  or  to 
fulfil  his  equitable  obligations  in 
the  absence  of  a  legal  liability. 
34  L.R.A.  297. 

§    16.  Sale  of  propeity. 

Power  of  legislature  to  authorize  guardian 
to  sell  real  estate  of  incompetent.  16 
L.R.A.    254. 

Necessity  of  notice  to  insane  person  of  ap- 
plication for  sale  of  his  property  to  pay 
debts.    29  L.R.A.  (N.S.)    147. 

Effect  of  sale  of  lands  of  lunatics  on  descent 
of  ancestral  estates.     L.R.A. 19160,  910. 


§   11.  Generally. 

Effect    of    intoxication    on    negligence,    see 
Drunkenness,  §§  5-9. 

Duty  of  person  of  impaired  faculties  when 

crossing    or    traveling   public    street   to 

avoid  passing  teams.     19  L.R.A. (N.S.) 

163. 
Mental   incompetency  as  excuse  for  failure 

to  give  notice  of   injury   required  as  a     §    17.  Generally. 

condition    of    municipal    liability.       32  i  Constitutionality'  of  statutes  as  to  support, 

L.R.A. (N.S.)   350.  ]  see  Constitutional  Law,  §  106a. 

Rape   of   female  of   unsound  mind.     L.U.A.  j  Sentence   and   imprisonment   for   crime,   see 

1916F,  742.  Cbimixal   Law,   §   72. 

Begin  iri77i  this  booJc  on  every  laiv  question. 


VII.  Confinement;  support. 


INDEX  TO  L.R.A.  NOTES. 


G83 


INCOMPETENT  PERSONS,  VII.— cont'd 

Confinement  in  asylum  as  affecting  right  to 
divorce  upon  the  ground  of  living  apart, 
desertion,  or  abandonment.  L.R.A. 
1918A,  1186. 

I'ffect  of  confinement  on  competency  of  in- 
sane person  as  witness.     37  L.R.A.  427. 

Habeasi  corpus  to  procure  release  of  one 
committed  to  insane  asylum  upon  ac- 
quittal on  the  a:round  of  insanity.  36 
L.R.A.  (N.S.)   r)78. 

Validity  of  statute  for  commitment  of  in- 
ebriates to  public  or  private  institu- 
tions.    17  L.R.A. (N.S.)   984. 

Recommitment  without  further  hearing  of 
person  discharged  from  insane  hospital. 
14  L.R.A. (N.S.)   468. 

Right  of  one  restrained  as  insane  person 
to  discharge  upon  ground  of  irregular- 
itv  or  invalidity  of  commitment.  44 
L.R.A.  (N.S.)   389. 

Privilege  of  records  of  insane  asvlum.  51 
L.R.A. (N.S.)  22. 

VIII.  Actions  and  proceedings;  judg- 
ments. 

§   18.  Generally. 

As  to  lunacy  proceedings,  see  supra,  §§  5-7. 

Mental  incapacity  as  affecting  running  of 
statute  of  limitations.  51  L.R.A. (N.S.) 
834. 

Action  bv  insane  persons.  2  L.R.A.  (N.S.) 
961.' 

Action  for  divorce  on  behalf  of  insane  per- 
son.    .34  L.R.A.  166. 

Admissions  and  waivers  bv  representatives 
in  actions.     32  L.R.A.  688. 

Continuance  because  of  insanity  of  party. 
42  L.R.A.(N.S.)  667. 

§  19.  Right  to  institute  proceedings  by 
next  friend. 

In  general.     64  L.R.A.  513. 
Before  inquisition  of  lunacy.    64  L.R.A.  518. 
After  inquisition  of  lunacy.     64  L.R.A.  526. 
Distinction  between  suits  in  equity  and  at 
law.     64  L.R.A.  529. 

§   20.  Judgments, 

Insanity  as  affecting  judgments.  39  L.R.A. 
775;  35  L.R.A.JN.S.)  1090. 

Validity  of  judgment  against  lunatic.  39 
L.R.A.  775. 

Attack  on  divorce  decree  grounded  on  lunacy 
of  divorced  spouse.     L.R.A.1917B,  466. 

Judgment  rendered  in  a  civil  action  as  evi- 
dence of  insanity  in  criminal  prosecu- 
tion.    26  L.R.A.'(N.S.)    461. 

Effect  of  inquisition  on  validity  of  judg- 
ment against  insane  person.  35  L.R.A. 
(N.S.)   1097. 

IX.  Guardian  or  eotntnittee. 

8   21.  Generally. 

Lunacy  proceedings,  see  supra,  §§  5-7. 

Cuardiansliip  as  affecting  testamentary  ca- 
pacity.    27  L.R.A. (N.S.)    54. 

Right  of  committee  of  lunatic  to  appoint- 
ment as  administrator  or  executor. 
L.R.A.1915C,   581. 

Consult  also  L.R.A.  Digests  of  Cases. 


INC0:MPETENT  persons,  IX.— cont'd 
§   22.  Appointment. 

Validity  of  deed  by  insane  person  when  un- 
der guardianship.     19  L.R.A.  490. 

§   23.  —right  to  appeal. 

Right  of  applicant  to  appeal  in  proceedings 
to  appoint  guardian  for.  15  L.R.A.  (  N. 
S.)  436. 

Who  is  a  "person  aggrieved"  within  a  stat- 
ute allowing  an  appeal  by  such  person 
^  in  proceedings  for  tlie  appointment  of 
a  guardian  for  an  alleged  incompetent. 
25  L.R.A.  (N.S.)   155. 

§   24.  Powers  of. 

Right  of  guardian  to  remove  incompetent 
from  state.     58  L.R.A.  931. 

Power  of  guardian  or  committee  of  insane 
person  to  procure  necessities  for  fam- 
ily of  his  ward.    L.R.A.1917B,  678. 

Power  of  guardian  to  elect  against  will  in 
behalf  of  insane  widow.  17  L.R.A.  297; 
35  L.R.A.(N.S.)  1210;  49  L.R.A. (N.S.) 
1108. 

Power  of  guardian  or  conservator  to  adeem 
legacy.     28  L.R.A. (N.S.)    401. 

Power  of  guardian  or  committee  to  bind 
incompetent  person  or  his  estate  by 
contract.    8  L.R.A. (N.S.)  436. 

Right  of  guardian  of  mentally  incompetent 
person  to  maintain  action  for  damages 
against  one  to  whom  ward  has  trans- 
ferred property.    34  L.R.A. (N.S.)  1058. 

Power  of  guardian  to  consent  to  conveyance 
by  trustee  under  a  trust  requiring  con- 
sent by  cestui  que  trust.  39  '  L.R.A. 
(N.S.)   39. 

Consent  of  guardian  or  committee  to  a 
license  for  the  sale  of  intoxicating  liq- 
uors.    L.R.A.1916D,  819. 


INCONSISTENCY. 


Election  between  inconsistent  remedies,  see 

Election  of  REjrEDiES. 
Estoppel  by,  see  Estoppel,  §§  30,  31. 
Right    to    plead    inconsistent    defenses,    see 

Pleading,  §  4. 
Contradiction   of  witness  by  proof  of,   see 

Witnesses,  §  43. 

Between  ordinances  and  statutes  for  pun- 
ishment of  same  offense.  17  L.R.A.  (N. 
S.)    67. 

Between  special  findings.  24  L.R.A. (N.S.) 
50. 

Inconsistent  testimony  in  other  suit  as 
ground  for  new  trial.  42  L.tl.A.  (N.S.) 
692. 

Sufficiency  of  inconsistency  between  general 
and  special  verdict.  24  L.R.A.(N.S.) 
67. 

In  entries  in  legislative  journals.  40  L.R.A. 
(N.S.)   36. 

Effect  of  party's  changing  testimony  on  sec- 
ond trial,  to  supply  defects  in  the  case 
made  on  the  first  trial.  37  L.R.A.  (N.S.!) 
429. 


684  INDEX  TO  L. 

INCONTESTABLE  CLAUSE.  | 

In  insurance  policy,  $ee  Insukance,  §  103. 


INCONTINENCE. 


Antenuptial,  as  gron'ncl  for  divorce  or  an- 
nulment of  marriage.  18  L.R.A.  375; 
L.Pv.A.191GE,  630. 


INCONVENIENCE. 


As  clement  of  damages  for  carrying  pas- 
senger beyond  destination.  17  L.R.j\. 
(N.S.)   1230.  ' 


INCORPORATION. 


Of  corporation  generally,  see  Cobpobatioxs, 
§  5. 

Of  county,  see  Counties,  §  3. 

Of  municipality,  see  Municip.\l  Cobpoba- 
tioxs, §  6". 

Of  town,  see  Towns,  §  2. 


INCORPORATION  TAX. 

Liability  for,  upon  extension,  reorganiza- 
tion, consolidation,  or  merger  of  exist- 
ing corporation.    47  L.R.A. (N.S.)  1066. 


INCORPORATORS. 

See  CoEPOBATiONS,  §§  62-65. 


INCORPOREAL    HEREDITAMENT. 

Action  on  covenant  in  grant  of,  by  or 
against  grantee's  successor  in  title. 
L.R.A.1915C,  222. 


INCREASE. 


Of  animal,  see  Animals,  §  3. 
Of  stock,  see  Cobpoeations,  §  70. 

Rights  as  between  life  tenant  and  remain- 
derman to  increase  of  slaves.  L.R.A 
191. 5C,  849. 

Levy  upon  property  as  including  subsequent 
increase  thereof.     L.R.A.1917B,  944. 


INCREASED  PUNISHMENT. 

For   habitual   criminals   or   prior  bffenders^i 
see  Cbiminal  Law,  §  83. 


R.A.  NOTES. 

INCREASE   OF   RISK. 

As     affecting     insurance,     see     Insubance, 
§§  83,  89,  102. 


INCRIMINATION. 

See  Cbiminal  Law,  §§  49- .53. 
♦^-♦^ — 


INCUMBRANCE. 

See    EXCUMBBANCE. 


♦  »» 


IN   CUSTODIA  LEGIS. 

See  Custody  of  Law. 

■*—~^ ■ 


INDEBTEDNESS. 


See  Debts. 


♦  •» 


INDECENCY. 

See  Obscene  Litebatube. 

♦■•-♦ 


INDECENT  ASSAULT. 

Liability  of  infant  for.     36  L.R.A.  205. 
Admissibility  of  declarations  of  infant  too 

voung  to   be  sworn   as  witness   at   the 

trial.     65  L.R.A.  318. 
Evidence   of   plaintiff's  character   in  action 

for.     14  L.R.A. (N.S.)   753. 
Mental  anguish  as  element  of  damages  for. 

33  L.R.A.(N.S.)   98. 


INDECENT  PUBLICATIONS. 

See  Obscene  Litebatube. 


■♦•» 


INDEFINITENESS. 

In   charitable  gift,   see   Chabities,   §§   6-9. 
Of  contract,  see  Contbacts,  §§  20,  21. 
In  description   of  beneficiaries,  see  Wills, 
V.  f. 


INDEMNITY. 


Begin  with  tJiis  hook  on  every  law  question 


§    1.  Generally. 

To  sureties  on  bail  bond,  see  Bail  and  Re- 
cognizance, §  9. 
By  bonds  generally,  see  Bonds,  II. 


INDEX  TO  L.R.A.  NOTES. 


685 


INDEMNITY— confd 

Validity  of  indemnity  contract,  see  Con- 
tracts.   §   78. 

Insurance  as,  generally,  see  Insurance. 

Indemnity   insurance,   see  Insurance.   X. 

Against  mechanics'  liens,  see  Mechanics' 
Liens,  §  4. 

Of  surety,  see  Principal  and  Surety,  §  21. 

Validity  of  agreement  to  indemnify  bail  in 
a  criminal  case.  14  L.R.A.'  78;  20 
L.R.A.  (N.S.)    58. 

Warranty  as  inducement  to  copartner  to  en- 
ter into  a  contract  as  a  promise  to  in- 
demnify.     1,5   L.R.A.  (N.S.)    1151. 

Breacli  of  coyenant  to  indemnify  or  saye 
harmless  on  assumption  of  debts  on 
dissolution  of  firm.  9  L.R.A.  (N.S.) 
107. 

Broker's  right  to  commission  where  sale 
or  loan  fails  because  of  o\yner's  re- 
fusal to  give  indemnity  against  possible 
mechanics'  liens  or  other  encumbrances. 
15  L.R.A.  (N.S.)   187. 

Constitutionality  of  statute  forbidding 
ayoidance  of  liability  to  employee  or 
reduction  of  his  damages  by  relief  or 
indemnity  contract.  33  L.R.A.(N.S.) 
706:  .38  L.R.A. (N.S.)   867. 

Right  of  one  injured  on  higlnyay  to  proceed 
in  first  instance  against  person  ulti- 
mately liable.     16  L.R.A.  554. 

Right  of  personal  representatiye  to  indem- 
nity from  estate  for  debts  contracted 
in  carrying  on  business.  40  L.R.A. (N. 
S.)   232.  233. 

Right  of  nominal  owner  of  shares  of  %tock 
to  indemnity  against  consequences  of 
such   ownership.     3  B.  R.  C.  365. 

Right  of  purchaser  to  indemnity  for  expense 
of  defending  suit  or  proceeding  based 
on  bulk  sales  act.     L.R.A.1916F,  551. 

Right  of  trustees  or  executive  committee  of 
club  to  indemnity  for  obligations  in- 
curred by  them.     5  B.  R.  C.  763. 

Liability  of  indemnitor  for  costs  of  unsuc- 
cessful appeal  by  party  indemnified. 
L.R.A.1915F,  598.' 

Liability  of  depositor  who  requests  bank 
to  hold  noninterest  bearing  deposit 
against  a  claimant,  to  reimburse  bank 
for  interest  which  it  is  compelled  to 
pay  to  claimant  on  the  legal  establish- 
ment of  his  claim  to  the  deposit.  L.R.A. 
1915E,   797. 

Assurance  fund  provided  for  by  the  Torrens 
Law.     L.R.A.1916D,   56. 


§   2.  liiability    over    to    per.son    second- 
arily liable. 

Contribution    between    persons    liable,    see 

Contribution. 
Recovery  over  against  one  joint  tort  feasor, 

see  .loiNT  Creditors  and  Debtors,  S  7. 


INDE:MNITY— confd 

Right  to  recover  from  obligor  under  collat-. . 
eral  contract  tlie  damages  which  the 
obligee  was  compelled  to  pay  because  of 
his  breach  of  n  contract  with  a  third 
person,  in  consequence  of  tlie  failure  or 
delay  in  performance  of  tlie  collateral 
contract.     18  L.R.A. (N.S.)   .575. 

Conclusiveness  of  judgment  against  con- 
structive tort  feasor  in  subsequent  ac- 
tion for  indemnity.  40  L.R.A. (N.S.) 
1172. 

Right  of  one  liable  for  damages  from  de- 
fective article  to  recover  over 
against  vendor  or  manufacturer. 
L.R.A.1915C^  336. 

§   3.  — to  employer. 

Effect  of  provision  in  contract  that  employer 
shall  be  indemnified  for  all  loss  caused 
bv  negligence  of  contractor.  65  L.R.A. 
506. 

Effect  on  status  as  independent  contractor 
of  provision  in  contract  that  employer 
shall  be  indemnified  for  all  losses^ 
caused  by  negligence  of  the  person  em-' 
ployed.    'l7    L.R.A. (N.S.)    381. 

Right  of  employer  who  has  lieen  held  liable 
for  tort  of  servant  or  contractor  to  re- 
cover over  from  him.  40  L.R.A.  (N.S.y' 
115.3.  - 

Right  of  employer  to  indemnity  under  work- 
men's compensation  acts  from  third 
person  whose  negligence  causes  the  in- 
jury. L.R.A.1916A.  102,  225:  L.R.A. 
19170,  101;  L.R.A.1918F,  524. 


§   4.  —  to  municipality. 

In  case  of  injury  on  highway,  see  HiGU^ 
WATS,  8.95.  *     '  <";:',    'i: 

Right  of  municipality  to  recover  indemnity 
from  one  for  wl)ose  tort  is  has  been 
held  liable.  40  L.R.A.  (N.S.)  1165; 
L.R.A.1916F,  86. 

g  5.  Specific  performance  of  contract 
for. 

Specific  )K>rformance  of  contract  to  give.  6 
L.R.A. (N.S.)    592. 

Jurisdiction  of  action  for  specific  perform- 
ance of  contract  for  sale  of  corporate 
stock  to  indemnify  vendor  against  lia- 
bility on  stock.     50  L.R.A.  506. 

§  6.  Running  of  limitations  on  claim 
for. 

Contingency  of  claim  for,  as  affecting  time 
for  presentation  to  decedent's  estate. 
58  L.R.A.  88. 

Time  when  limitation  l)egins  to  run  on  lia- 
bility for  breach  of  contract  of.  15 
L.R.A.  (N.S.)   164. 


Right  of  receiver  to  be  indemnified  for  costs 

of  defending  action  charging  him  with  | 

fraud  or  misconduct.     2  B.   H.  C.  423.    See  BoNn.s,  II. 
Consult  also  L.R.A.  Digests  of  Cti--ir.*t. 


INDEMNITY  BONDS. 


686 


INDEX  TO  L.R.A.  NOTES. 


IXDEMNITY  INSURANCE. 

See  Insurance,  g§  211-219. 


INDEPENDENT   ADVICE. 

Independent  advice  as  condition  of  valid  gift 
inter  vii'os  between  parties  occupying 
confidential  relations.  16  L.R.A.  (N.S.) 
1087. 


INDEPENDENT  AGREEMENT. 

As  defense  to  promissory  note.     43  L.R.A. 
464. 


INDEPENDENT  CONTRACTOR. 

Liability  for  injury  in  highway  due  to  neg- 
ligence of,   see  Highways,    §§   60,   93. 

Liability  for  injury  to  tenant,  see  Landlord 
AND  Tenant.  §  73. 

Employer's  liability  for  acts  of,  see  Master 
and  Servant,'§§  185-195. 

Municipal  liability  for  acts  of,  see  Munic- 
ipal Corporations,  §  85. 

Who  are  independent  contractors,  see  Mas- 
ter AND  Servant.  §  195. 

Liability  of,  for  injuries,  see  Master  and 
Servant,   §§   196-198. 

Liability  for  injury  to  servants  of,  see  Mas- 
ter" and  Servant,  §  202. 

In  mine,  see  Mines,  §  42. 

Liability  for  acts  of,  as  to  timber,  see  Tim- 
ber, §  7. 

Authority  of,  to  contract  for  services  of 
other   persons.     L.R.A.1918F,   79. 

As  "workman"  or  "employee"  within  mean- 
ing of  Workmen's  Compensation  Act. 
L.R.A.1916A,  118,  247;  L.R.A.1917D, 
148;    L.R.A.1918F,  206. 

Servant  of  employer  and  servant  of  con- 
tractor as  fellow  servants.  17  L.R.A. 
(N.S.)    334. 


Right  of  public  to  benefit  of  indexes,  devices, 
etc.,  made  or  prepared  bv  officer  or  em- 
ployee.    L.R.A.1917B,  1183. 


INDIAN    RESERVATION. 

Location  of  mining  claim  on.  7  L.R.A. (N. 
S.)   786. 

Cutting  of  timber  on.     70  L.R.A.  909. 

Jurisdiction  to  punish  crimes  committed  on 
reservations  within  state  limits.  21 
L.R.A.  169;  L.R.A.1915F,  590. 


INDIANS. 

§    1.  Generally. 

Question  relating  to,  as  Federal  question. 
62  L.R.A.  537. 

Validity  of  divorce  according  to  Indian  cus- 
tom. 35  L.R.A.(N.S.)  795;  L.R.A. 
1917D,  574. 

Voluntariness  of  confession  made  by  Indian 
to  Indian  agent.  50  L.R.A.  (N.S.) 
1088. 

Right  of  Indian  children  to  school  privi- 
leges.    50  L.R.A. (N.S.)    147. 

§  2.  Jurisdiction  to  punish  crimes, 
committed  by  or  against. 

When    the    crime    is    committed    in    United 

States  territory.    21  L.R.A.  169 ;  L.R.A. 

1915F,  588. 
On    reservations    within    state    limits.      21 

L.R.A.   169;  .L.R.A.1915F,   590. 
Crimes  committed  within   a  state,  and  not 
upon   a  reservation.     L.R.A.1915F, 
589. 
Crimes    bv    Indians    against    Indians 

L.R.A.  171. 
United    States    or    territorial    courts 

L.R.A.  173. 
Crimes   committed   bv   nontribal   Indian   oi 

off  reservation.   "21  L.R.A.  173. 
Indians   who    have   ceased   tribal    relations 

L.R.A.1915F,  595. 
Effect   of   allotments.     L.R.A.1915F,   592. 
Regulation  of  commerce.     21  L.R.A.  173. 
!  Miscellaneous.      L.R.A. 1915F,   596. 


21 


21 


INDETERMINATE   SENTENCE. 
See  Criminal  Law,  §  80a. 


INDEX. 

As  part  of  public  record,  see  Records  and 
Recording  Laws,  §  2. 

As  part  of  record  of  title.     14  L.R.A.  393. 

Liability  of  registrar  of  deeds  for  neglect, 
delay,  or  mistake  in  indexing  instru- 
ment affecting  title  to  real  propertv. 
23  L.R.A. (N.S.)   127. 

Begin  with  this  hoolc  on  every  law  question. 


INDICTMENT.   INFORMATION,  AND 
COMPLAINT. 

I.  In  general,  §§   1-9. 
II.  Formal  requisites,   §§   9a- 12. 

III.  Particular  offenses,  §§  13-2S. 

IV.  Quashing;     amendment;     joinder; 
dttplicitv,  §§  29-31. 

I.  In  general. 

§    1.  Generally. 

Necessity     for     indictment,     see     Criminal 
Law,  §  35. 


INDEX  TO  L.R.A.  NOTES. 


INDICTMENT,  ETC.,  I.-s;ont'd 

Delay  in  indicting  or  filing  information  a3 

ground    for    discliarge.    j^ee    Criminal 

Law,   §  45. 
ilatters    affecting    grand    jury,    see   Grand 

Jury. 
Evidence    before    grand    jury,    see    Grand 

Jury,  §§  7,  8. 

Habeas  corpus  to  test  indictment  or  in- 
formation.    L.R.A.1918B,  1156. 

Informality  of  eoniniitinent  as  justification 
of  prison  bri-ach.     15  L.R.A.  191. 

Limitation  of  general  allegations  in,  by  spe- 
cific allegations.     28  L.R.A.  395. 

Failure  to  indict  as  evidence  of  want  of 
probable  cause  for  prosecution.  64 
L.R.A.  488. 

\'ariance  as  to  name  of  deceased  as  a 
ground  of  reversal  in  homicide. 
38  L.R.A.  (N.S.)    187. 

Right  of  private  person  to  exhibit  criminal 
information  in  court  of  record.  1!) 
L.R.A.  (N.S.)     1050. 

Right  of  indicted  person  to  inspect  minutes 
of  grand  jury.     27  L.R.A. (N.S.)   558. 

Presumption  as  to  time  of  alteration  in. 
39  L.R.A. (N.S.)   115. 

For  other  crime,  efl'ect  on  admissibility  of 
evidence  of  such  crime.     G2  L.R.A.  339. 

Power  of  legislature  to  provide  for  indict- 
ment in  county  or  district  other  than 
that  in  which  crime  is  alleged  to  have 
l>fen  committed.  7  L.R.A. (N.S.)  669; 
L.R.A.1918F,  965. 

Responsiveness  of  special  verdict  to.  24 
L.R.A. (N.S.)   43. 

Complaint  or  information  based  on  infor- 
mation and  belief  as  the  basis  for  the 
issuance  of  a  warrant,  or  for  an  ex- 
amination preliminarv  thereto.  10 
L.R.A.  (N.S.)    159:  25  L.R.A. (N.S.)   60. 

Effect  of  loss  of.     41   L.R.A. (N.S.)    1079. 

Necessity  of  alleging  former  conviction  in 
prosecution  for  crimes  committed  by  ha- 
bitual criminals  for  which  penalty  is 
enhanced.     48  L.R.A. (N.S.)   205. 

Conviction  upon  proof  of  aiding  and  abet- 
ting under  indictment  simply  charging 
the  crime  without  reference  to  aiding 
or  abetting.    L.R.A.1915E.  608. 


§   2.  In  extradition  proceedings. 

Right  of  court  of  asylum  state,  in  inter- 
state extradition  proceedings,  to  ex- 
amine sufficiencv  of  indictment.  11 
L.R.A. (N.S.)    42*4. 

Validity  and  sufficiency  of  indictment  for 
purposes  of  extradition.  28  L.R.A. 
803. 


§   3.  Ajjainst  corporations. 

Proceedings  by  indictment  and  fine  against 
corporations.     3  L.R.A.  646.* 

§   4.  Knowledge  or   intent. 

Necessitv    of   allegation    of  knowledge.      11 

L.r!a.   191.* 
Necessitv    of    alleging    intent.      11    L.R.A. 

532> 
Consult  also  L.R.A.  Digests  of  Cases. 


INDICTMENT,  ETC.,  I.— cont'd 
§   5.  Charging  time  and  place. 

Charging  commission  of  offense  at  an  im- 
possible date.     2  L.R.A.(N.S.)    251. 

Charge  of  time  and  place  in  indictment  for 
homicide.     3  L.R.A. (N.S.)    1019. 

Allegation  and  proof  of  time  in  prosecu- 
tion for  keeping  disorderly  house. 
49  L.R.A.  (N.S.)    792. 

§   6.  Designation  of  persons. 

Designation   of    person    by    use   of   initials. 

14  L.R.A.   694. 
Necessity  of  naming  person  to  whom  forged 
instrument  was  passed.     31   L.R.A. (N. 
S.)    1046. 
Must  indictment  or  information  for  unlaw- 
ful   sale    of     intoxicating    liquors 
state  name  of  person  to  whom  sale 
is  made.     23  L.R.A. (N.S.)   581. 
Necessity  of  proving  that  person  bore  both 
real  name  and  the  alias  by  which  the 
indictment    purports    to    describe    him. 
30  L.R.A. (N.S.)    134. 

§   7.  Ownership. 

May  an  indictment  involving  the  felonious 
taking  of  property  lay  ownership  in 
one  in  possession  of  propertv  as  agent, 
bailee,  etc.     21  L.R.A. (N.S.)   311. 

May  an  indictment  or  information  for  ob- 
taining money  under  false  pretenses 
lay  ownership  in  one  who  was  in  pos- 
session of  the  property  as  agent,  bailee, 
etc.     22  L.R.A.(N.S.)    645. 

Form  of  allegation  of  ownership  or  prop- 
erty of  a  decedent's  estate  in  an  indict- 
ment or  information  for  larceny. 
L.R.A.1916E,  785. 

§  8.  Negation  of  defenses  or  excep- 
tions. 

Negativing  exceptions  in  statute  in  indict- 
ment for  commission  of,  or  attempt  to 
commit  abortion.  49  L.R.A.(N.S.) 
583. 

§   8a.  Surplusage. 

Rejection  as  surplusage  of  matter  which 
tends  to  negative  offense  otherwise 
stated.     47   L.R.A. (N.S.)    679. 

g   9.  Consolidated  trials.  •»'tie>*/ 

Consolidated  trial  upon  several  indictments 
against  same  defendant.  3  L.R.A. 
(N.S.)   412;  47  L.R.A. (N.S.)   955. 

//.  Formal  requisites. 

g   9a.  Generally. 

Signing  indictment  or  information  in  name 
of  deputy.     42   L.R  A.(N.S.'i    SS6. 

Tj'pewritten,  printed,  or  stamped  signature. 
L.R.A.1917B.  285. 


g    10.  Showing  name  in  which  brought. 

Sufficiency  of  showing  of  name  in  whicii, 
and  authoritv  by  wliich.  prosecution 
carried  on.     26  L.R.A. (N.S.)    1035. 


688 


INDEX  TO  L.R.A.  NOTES. 


INDICTMENT,  ETC.,  II.— cont'd 
Necessity  that  indictment  or  information 
show  on  its  face  tiiat  prosecution  is 
carried  on  in  the  name  and  by  the 
authority  of  the  state.  2(i  L.R.A. 
(N.S.)    1034. 

§  11.  Necessity,  mode,  and  record  of 
bringing  into  court. 

Necessity  that  indictment  be  brought  into 
open  court.     2G  L.R.A. (N.S.)    G83. 

Indorsement  by  clerk  as  "filed"  as  proof 
that  it  was  returned.  26  L.R.A. (N.S.) 
683. 

Presence  of  the  grand  jury.  26  L.R.A. 
(N.S.)    684. 

Necessity  that  return  be  made  by  foreman. 
26  L.R.A.  (N.S.)    684. 

Presumptions  as  to  regularity  of  proceed- 
ings.    26  L.R.A. (N.S.)    684. 

Neeeasity  that  record  show  the  return  into 
open  court.     26  L.R.A. (N.S.)    685. 

Amendment  to  the  record.  26  L.R.A. (N.S.) 
688. 

Waiver.     26  L.R.A.  (N.S.)    688. 

Miscellaneous  cases.     26  L.R.A. (N.S.)    689. 

§    12.  Verification. 

Necessity  of.     L.R.A.1915B,  65L 
Waiver  of.     31  L.R.A.(N.S.)   805. 
Amendment  of  verification  of  indictment  to 
cure  defect  for  which  motion  in  arrest 
of  judgment  has  been  made.     67  L.R.A. 
182. 

///.  Particular  offenses. 

§    13.  Generally. 

May   indictment  involving  felonious  taking 

of    property    lay   ownership   in    one    in 

possession  of  property  as  agent,  bailee, 

etc.     21   L.R.A. (N.S.)    311. 
Indictment   for  rape  of   female  of  unsound 

mind.    L.R.A. 1916F.   748. 
Illicit   cohabitation.      L.R.A.1916C,   669. 
For   violation   of   embargo   on    shipment   of 

arms  into  Mexico.    L.R.A.1917A,  281. 
For   violation   of   Selective    Service   Act   of 

May  18,  1917.     L.R.A.ini8E,  1026. 
Indictment    imder    the    Espionage    Act    of 

June    15,   1917.     L.R.A.1918F,   410. 
For   violation   of   acts   regulating   speed   of 

automobiles.     L.R.A.1918D,   146. 

§    14.  Assault. 

Charging  assault  with  intent  to  kill,  when 
actual  intent  directed  against  another. 
7   L.R.A.  (N.S.)    630. 

§    1.5.  Burglary. 

Pleading  value  of  goods  taken  or  sought 
to  be  taken  in  indictment  for  burglary. 
34  L.R.A. (N.S.)    246. 

May  an  indictment  involving  the  felonious 
taking  of  property  lay  ownership  in  one 
in  possession  of  property  as  agent, 
bailee,  etc.     21  L.R.A.  (N.S.)   311. 


§    16.  Dams. 

I'or    damming   back    water    of   stream. 
L.R.A.  886. 


59 


INDICTMENT,  ETC.,  III.— cont'd 
§    16a.  Disorderly  houses. 

Allegation  of  time  in  prosecution  for  keep- 
ing disorder Iv  house.  49  L.R.A.  (N.S.) 
792. 

§    17.  Embezzlement. 

Character  of  occupation  of  premises  as  af- 
fecting correct  wording  of  indictment 
in  prosecution  for  embezzlement.  4 
L.R.A. (N.S.)    707. 

§18.  Extortion. 

For  extortion.  4  L.R.A.  360;*  11  L.R.A. 
658.* 

§    19.  False  pretenses. 

For  expression  of  opinion  as  false  pre- 
tenses.    35  L.R.A.  435. 

Indictment  for  false  pretenses;  necessity 
and  sufficiency  of  allegations  as  to- 
causal  connections  between  the  false 
pretenses  and  the  loss.  27  L.R.A. 
(N.S.)    363. 

May  indictment  or  information  for  obtain- 
ing money  under  false  pretenses  lay 
ownership  in  one  who  was  in  posses- 
sion of  the  property  as  agent,  bailee,, 
etc.     22  L.R.A.  ( N.S*. )    645. 

Use  of  term  "confidence  game"  or  similar 
term  in  statute  or  indictment  to  de- 
scribe oflfense.     L.R.A.1916F,  684. 

§    20.  Forgery. 

Sufficiency    of    common-law    indictment    for 
perjury    to    support    conviction    for    a. 
similar    statutory    oflfense.      33    L.R.A. 
(N.S.)    946. 
Suflficienc}'    of    averment    in    indictment   or 
information   for   perjury  as  to  ju- 
risdiction  or   authoritv   to   admin- 
ister  oath.      32    L.R.A".  ( N.S. )    142. 
Necessity  of  setting  out  copy  of  forged  in- 
strument.     31    L.R.A.  (N.S.)     215. 
Necessity    of   naming   person    to    wiiom    in- 
strument   was   passed.      31    L.R.A. 
(N.S.)    1046. 

§    21.  Homicide. 

Charging  negligent  homicide;   form  of.     61 

L.R.A.    298. 
For    homicide    in    commission    of    unlawful 

act.     63  L.R.A.  393. 
For  homicide  in  resisting  arrest.     66  L.R.A. 

381. 
For  homicide  in  carrying  out  unlawful  con- 
spiracy.    68  L.R.A.  214. 
For  homicide  in  commission  of  or  attempt 

to    commit    abortion.     63    L.R.A.    911: 

49  L.R.A.  (N.S.)  583. 
Charge  of  time  and  place  in  indictment  for 

homicide.     3  L.R.A.  (N.S.)    1019, 
Conviction   of   lower  or  different   degree   in 

prosecution    for    homicide.      21    L.R.A. 

(N.S.)    16;   43  L.R.A. (N.S.)    813. 

§   21a.  Infringement  of  union    labels. 

Form  of  indictment  for.  39  L.R.A.(N.S.> 
1202. 


Begin  with  this  hooU  on  cverif  laiv  question. 


I^'DEX  TO  L.R.A.  NOTES. 


689 


INDICTMENT,  ETC.,  III.— cont'd 
§   22.  Intoxicating  liquors. 

^lust  indictment  or  information  for  unlaw- 
ful sale  of  intoxicating  liquors  state 
name  of  person  to  whom  sale  is  made. 
2.3  L.R.A.(N.S.)    581. 

Sufficiency  of  indictment  or  complaint 
against  carrier  for  transporting  intoxi- 
cating liquors.     46  L.R.A.  422. 

Use  of  disjunctive  "or"  in  charging  kind  or 
quality  of  liquor  sold.  51  L.R.A. 
(N.S.)    133. 

§   23.  Larceny. 

Allegations  of  ownership  of  property  of 
married  woman  in  indictment  for  lar- 
ceny.    3  B.  R.  C.  779. 

Form  of  allegation  of  ownership  of  prop- 
erty of  a  decedent's  estate,  in  an  in- 
dictment or  information  for  larceny. 
L.R.A.1916E,  785. 

Sufficiency  of  description  of  money  in  an 
indictment  for  larceny.  36  L.R.A. 
(N.S.)    933. 

Sufficiency  of  description  of  property  in  an 
indictment  or  information  for  larceny. 
34  L.R.A.  (N.S.)   301;  L.R.A.1915B,  71. 

May  an  indictment  involving  the  felonious 
taking  of  property  lay  ownership  in 
one  in  possession  of  property  as  agent, 
bailee,  etc.     21   L.R.A.  (N.8.")    31]. 

g   24.  Lottery. 

For  maintaining  lottery.     3  L.R.A.  403.* 

§   2  5.  Xuisances. 

To  abate  common  nuisance.  4  L.R.A.  210;* 
9  L.R.A.  717.* 

§    2  6.  Perjury. 

Sufficiency  of  common-law  indctments  for 
perjury  to  support  conviction  for  a  sim- 
ilar statutory  offense.     33  L.R.A.  946. 

Sufficiency  ot  averment  in  indictment  as  to 
jurisdiction  or  authority  to  administer 
oath.    32  L.R.A.  142. 

§   2  7.  Prize  fighting. 

For  prize  fighting.     15  L.R.A.  517. 

§   2  "a.  Prostitution. 

Indictment  for  violation  of  congressional 
"white  slave  traffic  act."    L.R.A.1915A, 

869. 


INDICTMENT,  ETC.— cont'd 


ir. 


Quashing:  amendment;  joinder; 
duplicity. 


§29.  Quashing. 

Right  to  quash  part  of  a  count  of  an  indict- 
ment, leaving  the  remainder  of  the 
count  intact.     22  L.R.A. (N.S.)   409. 

Termination  of  criminal  prosecution  by 
quashing  of  indictment  so  as  to  sup- 
port suit  for  malicious  prosecution. 
2  L.R.A. (N.S.)    937. 

Raising  objection  of  duplicity  by  motion  to 
quash.    49  L.R.A. (N.S.)  454. 

Effect  on  conviction  of  failure  to  give  ac- 
cused an  opportunity  to  plead  after  mo- 
tion to  quash.     45  L.R.A. (N.S.)   667. 

Improper  evidence  as  ground  for  quashing 
indictment.    47  L.R.A. (N.S.)    1207. 

g   30.  Correction:  amendment. 

Effect  upon  prisoner's  rights  of  necessity 
of  amendment  of  cliarge  upon  which  he 
was  extradited.  25  L.R.A.  593;  47 
L.R.A.(N.S.)    807. 

Power  to  correct  by  dismis.sal  as  to  part. 
35  L.R.A.  712.* 

Amendment  of,  to  cure  defect  for  which 
motion  in  arrest  of  judgment  has  been 
made.     67  L.R.A.  182. 

Effect  on  conviction  of  failure  to  give  ac- 
cused an  opportunity  to  plead  after 
amendment  of  indictment.  13  L.R.A. 
(N.S.)   815;  45  L.R.A. (N.S.)   667. 

g   31.  Joinder;  duplicity. 

How  and  when  objection  of  duplicity  is  to 
be  made.     49  L.R.A. (N.S.)  453. 


■♦•» 


INDIGENT  PERSONS. 

See  Poor  and  Poor  Laavs. 


^•» 


8    2  7b.  Receiving  stolen   property. 

Sufficiency  of  description  of  property  in  an 
indictment  or  information  for  receiv- 
ings stolen  property.     L.R.A.1915B,   83. 

§   28.  Robbery. 

Sufficiency  of  indictment.     34  L.R.A. (N.S.) 

301.  ■ 
May    indictnK  :it    lay   ownership    in    one   in 

possession    as    agent,    bailee,    etc.      21 

L.R.A. (N.S.)    31 V. 
Consult  also  L.R.A.   Digests  of  Cases.    44 


INDORSEMENT.  \ 

Of  note,  see  Bills  axd  Notes,  §§  26-42. 
Of  bill  of  lading,  see  Bills  of  Lading. 
In  blank,  see  Blanks,  §  3. 
Of  check,  see  Checks,  §  6. 

Purchase  of  money  order  from  agent  of  in- 
dorsee.    3  L.R.A.  (N.S.)    136. 


INDUCEMENT. 

For  confession,  see  Evidence.  §  207. 


INDUCTION. 


See  Electricity,  §  5. 


690 


INDEX  TO  L.K.A.  NOTES. 


INDULGENCE. 

Discharge  of  surety  by  indulgence  to  prin- 
cipal, see  Principal  and  Surety, 
§§  14-16. 


-♦-•-♦- 


INDUSTRIAL    DISEASES. 

See  Occupational  Diseases. 


INDUSTRIAL  INSURANCE. 

In  general,  see  Workmen's  Compensation. 

Constitutionality   of   compulsory    industrial 
insurance,   '37   L.R.A.(N.S.)    466. 


INDUSTRIAL   LIFE   INSUTIANCE. 

'Facility  of  payment"  clause  in  industrial 
life    policies.      L.R.A.1916F,    461. 


INDUSTRIAL   PLANT. 

Injury  to  one  examining  industrial  plant. 
21  L.R.A.(N.S.)    466. 


INEBRIATES. 


See  Habitual  Drunkards. 


INEBRIETY. 

See  Drunkenness. 


INEFFICIENT    MANAGEMENT. 

Treatment  of  cost  of,  in  estimating  return 
of  a  public  service  corporation  for  rate- 
making  purposes.     52  L.R.A.  (N.S.)   51. 


INEQUITABLE    CONDUCT. 

Relief  from  mistake  of  law  as  to  effect  of 
instrument  accompanied  by  inequita- 
ble conduct.     28  L.R.A. (N.S.)   858. 


INEVITABLE   ACCIDENT. 

Effect   of,   on    carrier's    liability,   see    Car- 
riers, §   111. 
See  also  Act  of  God. 


injuries    arisin^j 


INEXACT    SCIENCES. 

Books   of,   as  evidence.     40  L.R.A.   561. 


INEXPERIENCE. 


Evidence   of  specific    instances   of   inexperi- 
ence of  servant.     14  L.R.A.  (X.S.)    772. 


IN  EXTREMIS. 


Testamentary  capacity  of  person  executing 
will  in 'extremis.^  27  L.R.A.(N.S.)  32, 
98;  L.R.A.1915A,  452. 


INFAMOUS   CRIME. 

VA'hat     constitutes,     within    "constitutional 
provisions.      17   L.R.A.   764. 

♦-•-♦^ 


Liability    of    carrier    for 
from.     2  L.R.A.  252. 
Confusion  of  goods  by.    L.R.A. 191 7D,  851. 
Begin  u-ith  this  hook  on  every  law  question 


INFANTS. 

/.  In  general,  §§  1-5. 
II.  Custody:  sttpjyort,  §§  6-13. 
a.  Custody  of,  §§   6-10. 
h.  Support    and    protection    of, 
§§    11-13. 

III,  Capacity     and     disabilities;      con- 

tracts;   Uahilities.     §§     14- 
24. 

a.  In  general,  §§   14,  13. 

b.  Contracts,   §§    16-23. 

1.  In  general,   §§   16-19. 

2.  Affirmance ;        disaffirm- 

anee,   §§   20-23. 

c.  Liability  for  torts,  §  24.    ' 

IV,  Property  and  conveyance  of  same, 

§§  25-29. 
V.  Actions  by  or  against;  judgments, 
§§  30-36. 
a.  In  general,   §§   30-34. 
h.  Judgments,  §§  35,  36. 
VI.  Liability    for    killing    or    injuring 
child,  §§  37-41. 

a.  In  general,   §§   37-39. 

b.  Contributory    negligence,     § 

40. 

c.  Assumption    of    risk    by    in- 

fant,  §    41. 

I.  In  general. 

§    1.  Generally. 

Abandonmeni  of,  see  Akaindonment,   §    12. 
Abduction  of,  see  Abduction  and  ^^idnap- 

PING. 

Enlistment  of.  see  Artiy  and  Navy,  §  2. 
Constitutionality    of    statutes    as    to,    see 

Constitutional  Law,  §§  57,  58. 
Punishm('i;t    of,    for    crime,    see    Criminal 

Law,  15  73. 
Domicil   of,    see    Domicil   and   Residence, 

.§  2-       . 
Knticement  of,  see  Enticing. 


INDEX  TO  L.IJ.A.  NOTES. 


601 


INFANTS,  I.— cont'd 

Confessions  by.  see  Evidkxce,  §  210. 

Admissibility  of  declarations  of.  see  Evi- 
dence, §  218: 

Ouardians  of,  see  Giardiax  and  Ward. 

Insurauce  on   life  of,  see   I.\.srRAXCE,  §  37. 

Sale  of  liquor  to.  see  Intoxicating  Li- 
QiOR.s.  §§  28,  29. 

Statutes    establishing    juvenile    courts,    see 

JrVEXILE   C'OURT.S. 

Larceny  by,  see  Larceny,  §  5. 

^raster's    liability   for  negligence   of   infant 

eraplovee.    see    Master    and    Servant, 

§  179.' 
Relation  of,  to  parent  generally,  see  Parent 

AND  Child. 
Adoption  of,  see  Parent  and  Child,  §§  16- 

18. 
Rape  of  female  infant,  see  Rape,  §  3. 
As  pupils,  see  Schools. 

Legal  status  of  adopted  child.  17  L.R.A. 
43.5. 

Contest  by  infant  beneticiarj'  of  will  con- 
taining provision  for  forfeiture  by  any 
contesting   beneficiary.     68  L.R.A.   453. 

Necessity  for  administration  in  devolution 
of  personaltv  when  decedent  was  a 
minor.     15  L.R.A.  496. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest 
where  settlement  of  estate  is  delayed 
bv  infancv  of  distributees.  31  L.R.A. 
(N.S.)    361. 

Adraissibilitv  of  dving  declarations  of.  56 
L.R.A.   360. 

Inference  from  minority  of  incompetency  9f 
servant  to  perform  duties  of  a  par- 
ticular emplovment.  20  L.R.A. (N.S.) 
331. 

Validity  of  statutes  establishing  tribunals 
for  juvenile  offenders.  3  L.R.A. (N.S.) 
564. 

Payment  of  money  deposited  to  credit  of 
minor  to  person  other  than  guardian. 
29  L.R.A.  (N.S.)    67. 

Restraint  on  freedom  of.  as  impairment  of 
child's  constitutional  rights.  18  L.R.A. 
(N.S.)    886. 

Right  of  stranger  to  action  to  appear  as 
an'.icus  curiiE  to  protect  interests  of 
infants.     44  L.R.A. (N.S.)   1182. 

Liability  on  liquor  dealer's  bond  for  permit- 
ting' minors  to  enter  saloon.  L.R.A. 
1916E,  275. 

Liability  of  one  who  sells  danirerous  in- 
strumentalities to  child  in  violation 
of  statute  or  ordinance  for  injury  in- 
i!icted  therobv  upon  child  or  third  per- 
son.     L.R.A. 19150,   460. 

§   2.  Child  labor. 

Statutes  as  to  employment  of  children,  see 
Master  and  Servant,  §   12. 

Injury  to  minor  employee,  see  Master  and 
Servant,  §?  50,  51,  55,  76-78,  122,  124. 

S  3.  Ejection  for  nonpayment  of  fare 
of. 

Ejection  of  custodian  for  nonpayment  of 
child's  fare.  38  L.R.A.  14();  L.R.A. 
1915E.  313. 

Consult  alao  L.R.A.  Digests  of  Cases. 


INFANTS,  I.— cont'd 

Sufficiency   of   tender   of   fare   by  custodian 

of  child  to  prevent  ejection.     31  L.R.A. 

(N.S.)    995. 

§   4.  Insurance  on  life  of. 

See  Insurance,  §  37. 

§   5.  When  majority  reached. 

See  MAjoRiri',  §  1. 


II.  Custotly;    support. 

a.  Custody. 

§   6.  Generally. 

Validity  of  contract  as  to,  see  Contbact.s, 
§§  87,  87a. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  17. 

In  case  of  divorce,  see  Divorce  and  Sepa- 
ration, §§  55,  56. 

Conclusiveness  of  habeas  corpus  decree  as 
to,  see  Judgment,  §  26. 

Custody  of  illegitimate  child :  \vho  entitled 
to."^    65  L.R.A.  689. 

Placing  one's  child  in  another's  custody  as 
implying  contract  not  to  reclaim  child. 
16  L.R.A. (N.S.)    1004. 

Effect  of  contract  on  parent's  right  to  cus- 
tody of  child.    41  L.R.A. (N.S.^   578. 

Taking  of  child  by  or  at  instance  of  one 
parent  from  custody  of  other  as  kidnap- 
ping. 32  L.R.A.  (N.S.)  845;  L.R.A. 
191. 5B,  189. 

Liability  for  enticement  of  minor  from  par- 
ent's service.     1  L.R.A. (N.S.)   205. 

Right  of  minor  unlawfully  enlisted  in  Ar- 
my or  Navy  to  discharge  upon  habeas 
corpus  from  custody  of  court  martial 
under  charge  of  desertion  or  fraudu- 
lent enlistiment.  18  L.R. A.  ( N.S. )  956 ; 
L.R.A.1917D,  1059. 

Effect  of  father's  attempt  to  appoint  guard- 
ian for  child  against  the  sftrviving 
wife.     13  L.R.A.(N.S.)    288. 

Denial  of  custody  of  child  to  parent  for  its 
well-l>eing.      41    L.R.A.  (N.S.)    564. 

Exacting  bond  for  production  of  child  as 
condition  of  awarding  custody  to  one 
parent  as  against  other.  L.R.A.1915A, 
576. 

What  amounts  to  enticement  of  minor  child 
from  custody.     48   L.R.A. (N.S.)    1001. 

Homicide  or  assault  to  prevent  one  from 
taking  a  child.     L.R.A.1915A,  73. 

§    7.  Right  to  provide  for  by  will. 

Parent's  right  to  will  custody  of  child.  2 
L.R.A. (N.S  )    203. 

Effect  of  attempt  by  a  father  to  appoint 
guardian  for  child  against  the  surviv- 
ing mother.     13  L.R.A.  (N.S.)   288. 

g   8.  In  state  institution. 

State  guardianship  of  children.     15  L.R.A. 

593. 
Commitment  to  reformatories  without  con- 
viction of  crime.     16  L.R.A.  691. 


692 


INDEX  TO  L.R.A.  NOTES. 


INFANTS,  II.  a— cont'd 

§   9.  Right  to  remove,  from  state. 

Removal     by     statutory     or     testamentary 

guardian.     oSL.R.A.  931. 
Removal  by  parent.     58  L.R.A.  9.37. 
Removal  by  stranger.     58  L.R.A.  939. 
Statutes.     58  L.R.A.  941. 


§    10.  In  other  jurisdiction. 

Jurisdiction  to  award  custody  of  child  tem- 
porarily within  the  state,  but  domiciled 
elsewhere.     10  L.R.A.  (N.S.)    690. 

Recognition  of  right,  emanating  from  for- 
eign power,  to  the  custody  and  con- 
trol of  a  child.     7  L.R.A. (N.S.)   306. 


INFANTS— cont'd 
Capacity 


III. 


disabilities ; 
liabilities. 

a.  In  general. 


contracts  f 


h.  Support  and  protection  of, 

§11.  Generally. 

Parent's  liability  for  necessaries  furnished 
infant,  see  infra,  §  18a. 

Validity  of  contract  as  to,  see  Contracts, 
§§'87,  87a. 

In  case  of  divorce,  sec  Divorce  and  Sepa- 
ration, §  57. 

Support  by  parent  of  adult  child,  see  Par- 
ent AND  Child,  §  9. 

Parent's  duty  to  support.     57  L.R.A.  728. 

Recovery  by  mother  against  father  for 
monev  expended  in  support  of  chil- 
dren." 38  L.R.A.  (N.S.)  508;  L.R.A. 
1915A,  1137. 

Limitation  of  time  for  action  to  compel 
support  of  illegitimate  child.  40 
L.R.A.  (N.S.)    144. 

§  12.  Parent's  duty  to  support  as  af- 
fected by  child's  property  interests. 

Generally.     57  L.R.A.  729. 

Obligation    of    parent    who    has    ability    to 

support.     57  L.R.A.  7*29. 
Application  of  child's  propertv.     57  L.R.A. 

730. 
Rights  of  creditors.     57  L.R.A.  741. 

§    13.  Criminal  liability  for  lack  of. 

Criminal  liability  for  neglect  of  child  caus- 
ing death.     61  L.R.A.  290. 

Criminal  responsibility  of  parent  for  fail- 
ure to  support  child  where  support  is 
furnished  bv  others.  32  L.R.A. (N.S.) 
841;  L.R.A.1915A,  ,564. 

Criminal  responsibility  for  failure  to  pro- 
vide child  with  medical  attendance  and 
remedies.  1  B.  R.  C.  747;  6  B.  R.  C. 
464. 

Effect' of  failure  to  provide  medical  attend- 
ance for,  to  render  one  guilty  of  man- 
slaughter. 6  L.R.A.  (N.S.)  085;  45 
L.R.A. (N.S.)   559. 

Religious  belief  as  excuse  for  failure  to 
furnish  medical  aid  to  child.  3fi 
'  L.R.A.  (N.S.)    633. 

Wife  as  witness  against  husband  in  prose- 
cution for  failing  to  support  children. 
L.R.A. 1 91 7E,  11.33. 

Begin   n-itli  this  booh'  on  every  laic  question. 


§    14.  Generally. 

Actions  and  judgments  by  or  against,  see 
infra,  V. 

Duty  and  liability  of  infant  bailee,  see 
Bailment,  §  8. 

Criminal  liability  of  cliildren,  see  Crimi- 
nal Law,  §  7;  Ho.micide,  §  20;  Kape^ 
§  2. 

Estoppel  of  infant  by  fraud  or  misrepre- 
sentations as  to  age,  see  Estoppei,,. 
§   29. 

Guardianship  of,  see  Guardian  and  Ward. 

Eligibility  to  office,  see  Officers,  §  6. 

Effect  of  infancy  on  running  of  limitations, 
see  LiMirATioN.s  of  Actions,  §  47. 

Competency  of,  as  witnesses,  see  WiT- 
N.ESSES,    §    13. 

As  deputy  sheriff.     13   L.R.A.   721. 

As  members  of  co-operative  insurance  com- 
pany.    17  L.R.A.  547. 

Right  to  locate  mining  claim.  7  L.R.A. 
(N.S.)    816. 

Right  of  court  to  hold,  as  a  matter  of  law, 
that  a  child  of  tender  years  is  inca- 
pable of  rendering  valuable  services. 
41   L.R.A. (N.S.)    795. 

Enlistment  of,  without  parent's  consent,  in 
army  or  navy.    39  L.R.A. (N.S.)  454. 

§    15.  Marriage;  eni:;ncipation. 

How  far  marriage  of  infant  works  emanci- 
pation. 10  L.K.A.  578;  24  L.R.A. 
(N.S.)    160. 

Conflict  of  laws  as  to  validitv  of  marriage 
of.  57  L.R.A.  172;  43 "  L.R.A.  (N.S.) 
357. 

Validity  of  marriage  of  persons  of  non- 
age. 22  L.R.A.  (N.S.)  1202;  L.R.A. 
1916C,  740. 

Effect  of  parental  consent  to  marriage  of 
minor  child.     22  L.R.A.(N.S.)   1206. 

Effect  of  statute  fixing  age  of  consent  in 
defining  statutory  rape  as  determining 
age  of  consent  for  marriage.  21  L.R.A, 
(N.S.)    847. 

Parent's  statutory  right  of  action  for  death 
of  emancipated  child.  L.R.A. 1916E, 
122. 

b.  Contracts. 

1.  In  general. 

§16.  Generally. 

Estoppel    of    infant    by    misrepresentations 

as  to  age,   see  E.stoppel,  §  29. 
Contracts    b(!tween    parent    and    child,    see 

Parent  and  Child,  §  6. 
Contracts   of   parent    and   child   with   third 

persons,  see  Parent  and  Child,  §§  7,  8. 
Power  of  child  to  bind  parent  by  contracts, 

see  Parent  and  Child,  §  8. 


Right  of  infant  to  enforce  specific  perform- 
ance of  contract.     L.R.A.1918A,  787. 


INDEX  TO  L.R.A.  NOTES. 


693 


INFANTS,  III.  b,  1— cont'd 

Infant's  act  in  inducing  another  to  enter 
into  a  contract  with  him  by  represent- 
ing that  lie  is  of  age  as  constituting 
offense  of  false  pretenses.  24  L.R.A. 
(N..S.)    ]]0]. 

Execution  of  power  of  appointment  bv.  G4 
L.R.A.  907. 

Implied  agreement  to  jjay  for  services  ren- 
dered bv  infant  relative  or  member  of 
household.      11    L.R.A.  (N.S.)    888. 

Binding  effect  of  stipulation  in  contract,  as 
to  time  for  suit  thereon.  1  L.R.A. 
(N.S.)    525.  4 

Effect  of  statute  of  frauds  upon  parol  con- 
tracts relating  to.  which  may,  but  are 
not  intended  to  be.  performed  within  a 
year.     15  L.R.A. (N.S.)    318. 

Lack  of  parent  or  guardian  as  enlarging 
infant's  capacity  to  contract  for  other 
tlian  necessaries.     36   L.R.A. (N.S.)    57. 

Effect  of  part  performance  of  contract  for 
services  by.     24  L.R.A.  233. 

Infant's  right  to  repudiate  contract  to 
Mork  for,  and  sue  on  quantum  meruit. 
15   L.R.A.  211. 

Injunction  to  prevent  infant  from  breach- 
ing contract  made  by  or  for  him. 
L.R.A.1916E,  686. 

Conflict  of  laws  as  to  capacity  to  contract 
in  relation  to  real  property.  L.R.A. 
1916A,   1039. 

Guardian's  consent  as  affecting  infant's 
contract.      L.R.A.1915C.    362. 

Consent  of  infant  or  his  guardian,  commit- 
tee, or  agent  to  a  license  for  the  sale 
of  intoxicating  liquors.  L.R.A. 1916D, 
819. 

Validrtv  of  settlement  between  guardian 
and  ward  out  of  court.  L.R.A.1916E, 
863. 

Infants  as  lessees.     47  L.R.A. (N.S.)   543. 

Validity  of  bond  executed  by  an  infant. 
6  B.  R.  C.  115. 

Power  of  infant  to  compromise  or  settle 
bastardy  proceedings.  L.R.A. 1918D, 
302. 

Lien  for  repairs  or  storage  upon  automo- 
bile of  infant.    L.R.A.1918D,  330. 

§    17.  Statement  of  accounts. 

Statement  of  accounts  by.     27  L.R.A.  819. 
Effect  of   infant's   retaining  an   account   to 

render  it  an  account  stated.     29  L.R.A. 

(N.S.)    340. 

§    18,  Necessaries. 

Furnislied  to  married  woman,  see  Husband 
AND  Wife.  §§  7,  8. 

Liability  of  infant  husband  for  necessaries 
furnished  wife  while  living  with  him. 
65   L.R.A.  550. 

Must  the  plaintiff  in  an  action  against  an 
infant  for  necessaries  furnished  show 
them  actually  to  have  been  required. 
1  B.  R.  C.  156. 

§  18a.  — liability  of  parents  or  step- 
parents. 

Education  or  instruction   as  necessary.     42 

L.R.A.(N.S.)   1115. 
Consult  also  L.R.A.  Digests  of  Cases. 


INFANTS,  III.  b,  1— cont'd 
Right   of   one    who   employs   minor   without 
parents'    consent    to   allowance    on    ac- 
count  of   expenditures   for   necessaries. 
9  L.R.A.(N.S.)   411. 
Liability    of    parent    for    necessaries    fur- 
nished   minor   child   who    is    living 
awav  from  the  parent's  home.     40 
L.R.*A.(N.S.)      488;      L.R.A.1917B, 
693. 
Step-parent's    liability    for   necessaries   fur- 
nished    stepchild.       42     L.R.A.  (N.S.) 
535. 

§    19.  —  what  are. 

Bicycles  as  necessaries.     47  L.R.A.  307. 
Liability     for    legal    services.       44     L.R.A. 
(N.S.)    411. 


2.  Affirmance;  disaffirmance. 

%   20.  Affirmance. 

New    promise    after    majority.      53    L.R.A. 

365. 
Effect  of  infant's  retaining  account  to  ren- 
der it  account  stated.     29  L.R.A. (N.S.) 
340. 
Possession  after  majority  as  affirmance  of 
lease  by   infant.     47  L.R.A. (N.S.) 
547. 

§21.  Disaffirmance. 

Avoidance  of  brokerage  agency.  41  L.R.A. 
(N.S.)    1219. 

Avoidance  by  infant  of  release  of  cause  of 
action  ex  d^/icfo.    11  L.R.A. (N.S.)  690. 

Effect  upon  title  to  property  purchased  by 
infant  of  his  disaflirmance,  after  ma- 
jority, of  his  executory  contract  to  pav 
for  the  same.     8  L.R.A. (N.S.)    104. 

Rights  and  remedies  of  parties  to  condi- 
tional sale  to  infant.  52  L.R.A. (N.S. ) 
723. 

§   22.  —right  to  disaffirm. 

Survival  of  infant's  right  to  disaffirm  con- 
tract.    43   L.R.A. (N.S.)    714. 
Right    of    infant    to    disaffirm    contract    or 
conveyance    before    majoritj-.      51 
L.R.A'. (N.S.)   28. 
Infant's    right    to    repudiate    contract    for 
services     and     sue     on     quantum 
meruit.     15  L.R.A.  211. 
Right  of  woman  to  disaffirm  marriage  set- 
tlement executed  while  she  was  an  in- 
fant.    12  L.R.A. (N.S.)    1184. 
Right  of  infant  to  rescind  purchase  of  cor- 
porate stock.     28  L.R.A. (N.S.)    128. 
Right  of  an  infant  to  disaffirm  transfer  of 
note      by      indorsement.      L.R.A.1917B, 
1174. 

§   23.  — essentials  to  disaffirmance. 

On  disaffirmance  bv  infants  of  conditional 
sale  contract.  *  52  L.R.A. (N.S.)    723. 

Necessity  of  returning  consideration  in  or- 
der to  disafHrm  infant's  contract. 
26  L.R.A.  177. 


604 


INDEX  TO  L.R.A.  NOTES. 


INFANTS,  III.— cont'd 


INFANTS,  IV.— cont'd 

Power  to  lease,  or  to  autliorize  a  lease  of, 
infant's    lands    beyond    his    minor- 
ity   or    the    guardianship.      L.R.A. 
1<)16F,  4J)». 
Widow's   right   to  convey,    lease,   or   encum- 
ber homestead  during  minority  of  chil- 
dren.    10  L.R.A.  (N.S.)    787. 
Title   of    purchaser    at    judicial    sale   of    in- 
fant's   lands    as   affected    l)v    failure   to 
giye  bond.     21   L.R.A.  41.  " 

§   28.  —by  infant. 

Release  by  infant  of  interest  in  estate,  fio 
L.R.A.   583. 

Conveyance  by  infant  of  land  held  adverse- 
ly.    3.5  L.R.A. (N.S.)    749. 

Delay  of  infant  in  paying  purchase  price 
or  bringing  suit  as  bar  to  action  for 
specific  performance  of  contract  for 
sale  of  land  of  which  time  is  not  of 
the  essence,     -io  L.R.A. (N.S.)   639. 

§   29.  — by  guardian  ad  litem. 

By  guardian  generally,  see  Guardi.\x  a.\i> 
Ward.  §§  7,  14. 

Effect  of  fact  that  guardian  ad  litem  ap- 
pointed to  sell  land  was  interested  in 
the  purchase.     26  L.R.A. (N.S.)    558. 

F.  Actions  by  or  against;  judgments, 
a.  In  general. 

i§   30.  Generally. 

Right  of  infant  to  enforce  specific  perform- 
ance of  contract.     L.R.A.1918A.  787. 
Interruption  of  statute  of  limitations  by  in- 
fancy   of    one    succeeding    to    original 
owner's  interest.     3  B.  R.  C.  741. 
i  When  infant  real  party  in  interest,  by  whom 
j  action  must  be  brought.    64  L.R.A.  610. 

i  Admission   and   waivers   by   representatives 
I  of,  in  actions.    32  L.R.A.  671. 

Is  minor's  right  to  damages  for  the  negli- 
gent  killing   of    parent    limited    to    the 
period    of    minority.      18    L.R.A. (N.S.) 
1205. 
Binding    effect   of    stipulation    in    contract, 
as  to  time  for  suit  thereon.     1  L.R.A. 
(N.S.)  525. 
Delay  of  infant  in  paying  purchase  price  or 
bringing  suit  as  bar  to  action  for  spe- 
cific  performance   of  contract   for   sale 
of  land  of  which  time  is  not  of  the  es- 
sence.    25  L.R.A.  (N.S.)   6S9. 
Waiver  in  case  of  infant  of  privilege  as  to 
communications  between  physician  and 
patient.     48   L.R.A.  (N.S.)    420. 
Statutory  right  of  action  for  death  of  par- 
ent.    L.R.A. 1916E,   129. 
Abandonment  of  child  as  aflecting  right  to 
recover   damages    for   negligent   killing 
of  father.     L.R.A.1916C,  806. 


c.  Liabiliti/  for  torts. 

§   24.  Generally. 

Criminal  responsibility  for  assault  and 
battery,  see  As.sault  and  Batteby, 
§  7. 

Estoppel  of  infant  by  fraud  in  misrepre- 
senting age,  see  Estoppel,  §  29. 

Liability  of  parent  for  tort  committed  by 
infant,  see  Parent  and  Child,  §  10. 

General  liability  of  an  infant  for  torts. 
57  L.R.A.  673;   35  L.R.A.(N.S.)   574. 

Tort  in  inducing  a  contract.    57  L.R.A.  675. 

Tort  in  the  performance  of  a  contract.  57 
L.R.A.   680:   35   L.R.A. (N.S.)    574. 

Conversion  of  team  driven  to  place  for 
which  it  was  not  hired  to  go.  26  L.R.A. 
366. 

Other  torts  arising  from  contracts.  57 
L.R.A.   683. 

Estoppel  of  an  infant  by  his  fraud.  57 
L.R.A.  684. 

Liability  of  an  infant  as  trustee  or  officer. 
57  L.R.A.  688. 

Infant's  acts  in  inducing  another  to  enter 
into  contract  witli  him  by  representing 
that  he  is  of  age  as  constituting  of- 
fense of  false  pretenses.  24  L.R.A. 
(N.S.)    1101. 

Liability  of  infant  for  money  loaned  him 
through  his  fraudulent  rei)resentation. 
6  B.  R.  C.  761. 

Responsibility  of  infant  for  tort  of  his  serv- 
ant or   agent.     51   L.R.A. (N.S.)    1092. 

IV.  Property  and  conveyance  of  same. 

§   25.  Generally. 

Rights  in  homestead,  see  Hosiestead,  §§  19, 
20. 

Effect    on    title   to   property    purchased   by 

infant  of   his   disaffirmance,   after   ma- 
jority, of  his  executory  contract  to  pay 

for   same.     8  L.R.A.(N.S.)    104. 
Infant   en    ventre    sa    mere   as    grantee    in 

deed.     44  L.R.A.  489. 
Capacity  of  child  en  ventre  sa  mere  to  take 

under  devise  or  bequest  to  "children," 

etc.     1  B.  R.  C.  582. 
Liability    of    estate    of    infant    for    funeral 

expenses.      33    L.R.A.    662;    52    L.R.A 

(N.S.)    1155. 
Place  of  taxation  of  infant's  property.     20 

L.R.A.  155. 
Effect  of   statutes   relating    to    infants    on 

descent    of    ancestral    estates.      L.R.A. 

1916C,  926. 

§   26.  Lien  on. 

Right  to  mechanics'  lien  for  improvements  i 
made  on  infant's  land  bv  authority  of  I 
guardian.      15   L.R.A.(N.'S.)    1159.'         i 

I  §   31.   How  represented. 
8   2  7.  Sale  or  lease  of.  :  Right   of  guardian   to   enter  appearance  of 

Effect  of  sale  of  lands  of  infants  on  descent  ward.     32  L.R.A.  684. 

of      ancestral      estates.        L.R.A.1916C\     Right   of   guardian    to   maintain    ejectment. 

910.  18  L.R.A.  789. 

Begin  icith  this  book  on  every  law  question. 


'  INDEX  TO  L.R.A.  NOTES. 


695 


INFANTS,  V.  a— cont'd 

Right  ot  stranger  to  action  to  appear  as 
amicus  curiae  to  protect  interests  of 
infants.     44  L.E.A.(N.S.)   1182. 

§  32.  — guardian  ad  litem  or  next 
friend. 

Guardian  ad  litem,  as  proper  party  to  bring 
suit,  see  Parties,  §  24. 

Power  to  enter  appearence.     32  L.R.A.  683. 

Control  of  guardian  ad  litem  or  next  friend 
over  action.     16  L.R.A.  .507. 

Right  of  parent,  guardian,  or  next  friend  to 
compromise  infant's  cause  of  action  for 
personal  injuries.  21  L.R.A.(N.S.)  338; 
L.R.A.1918C,  58. 

Right  of  next  friend  to  receive  paj^ment  of, 
and  satisfv.  judgment  recovered  in  be- 
half of  infant.  11  L.R.A.  (N.S.)  913; 
L.R.A.1918C,  55. 

Effect  of  fact  tiiat  guardian  ad  litem  ap- 
pointed in  proceedings  for  sale  of  in- 
fant's land  was  interested  in  the  pur- 
chase.   26  L.R.A. (N.S.)  558. 

Necessity  of  guardian  or  next  friend  for 
infant  in  bastardy  proceedings.  52 
L.R.A. (N.S.)    799. 

§  33.  Arbitration  of  infant's  cause  of 
action. 

In  general.     70  L.R.A.  171. 

Power  to  submit  for  infant.     70  L.R.A.  172. 

Power  of  court  to  determine  advisability 
of  submission.     70  L.R.A.  175. 

Right  to  plead  infancy  of  parties  to  sub- 
mission.   70  L.R.A.  176. 

S    34.   Compromise  of. 

Right  of  ])ari'nt,  guardian,  or  next  friend 
to  coinj)romise  infant's  cause  of  action 
for  prrsonal  injuries.  21  L.R.A. (N.S.) 
338;  L.R.A.19i8C,  58. 


b.  Judgments, 

§    35.  Generally. 

Rigl.t  of  alleged  fraudulent  grantee  to  at- 
tack judgment  against  grantor  on 
ground  of  latter's  infancy.  67  L.R.A. 
598. 

Injunction  against  judgment  for  irregulari- 
ties as  to.     30  L.R.A.  707. 

Right  to  open  default  as  aflTected  by  char- 
acter of  defense.     L.R.A. 1916F,  857. 

Attack  on  divorce  decree  grounded  on  in- 
fancy of  divorced  spouse.  L.R.A.1917B, 
467. 

§   3  6.  Satisfaction  of. 

Satisfaction  by  attorney,  guardian  ad  litem 
or  next  friend,  of  judgment  in  favor  of 
minor.    3  L.R.A. (N.S.)  72. 

Right  of  next  friend  to  receive  payment  of, 
and  satisfv.  judgment  recovered  in  be- 
half of  infant.  11  L.R.A. (N.S.)  913; 
L.R.A.1918C,  55. 

Constilt  also  L.R.A.  Digosts  of  Cases. 


INFANTS— cont'd 

VI.  Liahilitij  for  Tvilling  or  injuring 
child. 

a.  In    general. 

§   37.  Generally. 

While  in  highway,  see  Highways,  §  59a. 

Master's  liability  for  injury  to  minor  serv- 
ant, see  Master  axd  Servant,  §§  50, 
51,  55.  76-78. 

Negligence  toward  children,  generally,  see 
Negligence,  §§  22-23a. 

Imputing  negligence  of  others  to,  see  Negli- 
gence, §§  46-48. 

Proximate  cause  of  injury,  see  Proximate 
Cause,  §§  2,  7,  12,  16. 

Negligence  towards  infant  on  railroad  track, 
see  Railroads,  §  51. 

Injury  by  street  car,  see  Street  Railways, 
§  17. 

Prenatal  injury  to.  as  ground  of  action. 
45  L.R.A.(N.S.)  625. 

May  intervening  act  of  a  child  break  the 
causal  connection  between  the  defend- 
ant's negligence  and  the  injury.  23 
L.R.A.  (N.S.)   249. 

Master's  liability  for  injury  to  child  invited 
into  placed  of  danger  by  employee.  4 
L.R.A,(N.S.)   804. 

Liability  of  owner  of  vehicle  for  injury  to 
child  invited  to  ride  by  driver.  46 
L.R.A.  (N.S.)   199. 

Liability  of  master  where  servant  invites 
or  permits  children  to  ride  on  engine 
or  cars.     L.R.A.1915E,  888. 

Liability  for  injuries  to  children  from  ex- 
plosives left  accessible  to  them.  14 
L.R.A.  (N.S.)  586:  24  L.R.A. (N.S.) 
1257;  42  L.R.A.  (N.S.)  840;  L.R.A. 
1917A,  1295. 

Storekeeper's  liability  for  injuries  to  child- 
ren due  to  condition  of  premises.  ,  21 
L.R.A. (N.S.)   464. 

Dutv  of  property  owner  to  trespassing  child. 
32  L.R.A.(N.S.)   559. 

Liability  of  lessor  for  injury  to  trespassing 
child.    L.R.A.1916F,  1135 

Duty  and  liability  of  owner  to  child  on 
premises  for  purpose  of  seeing  his  em- 
ployees.    24  L.R.A.(N.S.)    497. 

Liability  to  child  from  dangerous  condi- 
tion of  private  grounds  lying  open  be- 
side a  highway  or  frequented  path. 
L.R.A.1918A,  860. 

Right  of  child  playing  in  street  to  recover 
for  injury  by  obstruction  or  defect 
therein.     20  L.R.A. (N.S.)    753. 

Duty  in  stringing  electric  wires  to  guard 
against  danger  to  children.  11  L.R.A. 
(N.S.)  449;  25  L.R.A. (N.S.)  1220:  43 
L.R.A. (N.S.)    137;    L.R.A.1918E,   1039. 

Liability  for  performing  surgical  operation 
on  minor  without  parent's  consent.  7 
L.R.A.(N.S.)   612. 

Right  of  infant  to  recover  damages  for  loss 
of  services  or  diminished  earning  ca- 
pacity, during  minority,  from  personal 
injuries.     6  L.R.A.  (N.S.)   552. 


606 


INDEX  TO  L.R.A.  NOTES. 


INFANTS,  VI.  a— cont'd 

Eiglit  of  parent,  guardian,  or  next  friend  to 
couiproinise  infant's  cause  of  action  for 
personal  injuries.  21  L.R.A.  (N.S. ) 
338;  L.R.A.1918C,  58. 

Doctrine  of  attractive  nuisance  as  applied 
to  road  vehicles.    50  L.R.A.  (N.S.)   1147. 

Liability  of  one  who  sells  dangerous  instru- 
mentalities to  child  in  violation  of  stat- 
ute or  ordinance  for  injury  inflicted 
thereby  upon  child.     L.R.A.1915C,  460. 

§   38.  VVIiile  on  train  or  street  car. 

Carrier's  liability  for  injury  t9  children  on 
cars,   see  Cabbiebs,   §   55. 

§  39.  Right  of  action  for  death  of. 

Parent's  right  of  action  for  death,  see 
Death,  §  9. 

Character  and  sufficiency  of  evidence  to 
show  pecuniary  loss  in  action  for  death 
of  infant.     L.R.A. 1918C,  1113. 

Distinct  causes  of  action  arising  from  in- 
juries to  infant,  resulting  in  death.  34 
L.R.A.  798. 

Instances  of  excessive  or  inadequate  dam- 
ages for  death  of  child.  L.R.A.1916C, 
870. 

May  parent's  recovery  for  death  of  minor 
child  extend  beyond  his  minority.  48 
L.R.A.(N.S.)   687. 

b.  Contributory  negligence  of. 

§   40.  Generally. 

Contributory  negligence  of  minor  employees, 
see  MA.STEK  and  Sebvant,  §  124. 

Contributory  negligence  of  children,  general- 
ly, see  Negligence,  §  36. 

Imputing  negligence  of  other  person  to 
child,  see  Negligence,  §§  46-48. 

On  street  car  track,  see  Street  Railways, 
§  22. 

Question  for  jury  as  to,  see  Trial,  §  49. 

Contributory  negligence  of  children.  L.R.A. 
1917F,  '10. 

Contributory  negligence  of  child  in  jump- 
ing on  or  off  moving  train.  29  L.R.A. 
(N.S.)    846. 

Negligence  in  getting  on  or  off  moving 
street  car.     38  L.R.A.  789.      • 

Contributory  negligence  of  infant  in  at- 
tempting to  cross  train  standing  on  a 
crossing.  13  L.R.A.  (N.S.)  1069;  50 
L.R.A.  (N.S.)    1013. 

Degree  of  care  required  of  children  in  de- 
fective street.  21  L.R.A.  (N.S.)  624; 
48  L.R.A. (N.S.)    631. 

Duty  of  children  when  crossing  or  travel- 
ing public  streets  to  avoid  passing 
teams.  19  L.R.A. (N.S.)  161;  39  L.R.A. 
(N.S.)    482. 

Negligence  of  child  in  running  in  front  of 
automobile.     26  L.R.A. (N.S.)    435. 

Personal  contributory  negligence  of  child  [ 
riding  in  vehicle  driven  or  controlled  i 
by  parent.     L.R.A. 1915E,  230. 

Negligence  of  child  injured  by  trains  or  cars 
operated  longitudinally  along  public 
street.     4!)  L.R.A. (N.S.)   686. 

Begin  xt'ith  this  booTc  on  every  law  question. 


INFANTS,  VI.  b— cont'd 

Presumption  and  burden  of  proof  as  to  ca- 
pacity of  minor  servant  to  conipreiiend 
and  avoid  danger.  29  L.R.A.  (N.S. ) 
487. 

c.  Assumption  of  risk  by  infant. 

§   41.  Generally. 

Assumption  of  risk  by  minor  employees,  see 
Master  and  Servant,  §  122. 

Assumption  of  risk  by.    1  L.R.A.  (N.S.)  279. 

In  attempting  to  cross  street  car  tracks.    II 

L.R.A.(N.S.)  173;  L.R.A.I9I7F,  172, 


INFECTED  HOUSE. 


Municipal     liability     for     destroying.       22 
L.R.A.  (N.S.)  1128. 


INFECTION. 

Infectious  diseases,  see  Contagious  Diseas- 
es. 

Duty  of  physician  called  to  reduce  fracture. 
12  L.R";a.(N.S.)   752. 

Recovery  for,  under  Workmen's  Compen- 
sation Act.     L.R.A.1918F,  876. 

Recovery  under  workmen's  compensation 
act  for  loss  of  eye  through  infection. 
L.R.A.1916A,  326;  L.R.A.1917D,  130. 


INFECTIOUS    DISEASES. 

See  Contagious  Diseases. 


■*-•-¥■ 

INFIRM  PERSONS. 

Duty    of    carrier    towards,    see    Carriers, 

§§   39,   40. 
As  to  sickness,  see  Sickness. 

Care  due  to  when  no  contract  relation  ex- 
ists.    69  L.R.A.  513. 

Evidence  of  specific  instances  to  prove  in- 
firmity of  fellow  servant.  14  L.R.A. (N. 
S.)    773. 


INFLAMMABLE  MATERIALS. 

As  to  fires  generally,  see  FiBES;  Railboads, 

§§  77,  78. 
Keeping  of,   on    insured   premises,   see   In- 

SUBANCE,  §  78a. 

Regulating  the  keeping  or  storing  of.  41 
L.R.A.(N.S.)  456. 

Duty  of  abutting  owner  to  prevent  accumu- 
lation of,  near  railroad  right  of  wav. 
12   L.R.A. (N.S.)    624. 

Accumulation  of  material  which  aids  spread 
of  fire  originating  on  another's  prop- 
erty as  proximate  cause  of  destruction 
of  property  of  tiiird  persons.  12  L.R.A. 
N.S.)    44*6. 


INDEX  TO  L.R.A.  NOTES. 


697 


IXFLfUEXCE. 

Undue  influence,  see  UxorE  Influence. 

Nonexpert  opinion  as  to  existence  or  exer- 
cise of  influence  by  one  person  over  an- 
other.    L.R.A.1918A,  728. 


INFORMATION. 


See  Indictment,  etc. 


INFORMATION  \nD  BELIEF. 

Denials  on,  see  Pi^eading,  §  3. 

Affidavit  or  complaint  in  contempt  proceed- 
ings on  information  and  belief.  L.R.A. 
1917C,  854. 

Complaint  or  information  based  on  as  ba- 
sis for  issuance  of  warrant  or  for  ex- 
amination preliminary  thereto.  10 
L.R.A.(N.S.)   159:  25  L.R.A.  (N.S.)   60. 

Perjury  in  statements  involving  matters  of 
opinion  or  belief.    25  L.R.A. (N.S.)  654. 


INFORMER. 


Effect  of  pardon  on  informer's  share  of  for- 
feiture,   15  L.R.A.  395. 


INFRINGEMENT. 


Of  copyright,  see  Copyright,  §§  7,  8. 
Of  franchise,  see  Ferries,  §§  3,  4;   Fran- 
chise, §  3. 
Of  patent,  see  Patents,  §§  15-17. 
Of  trademark,  see  Trademarks,   §§   10,  11. 
Of  tradename,  see  Tradenames,   §   7. 


Civil    liability    of    insane    person    for. 
L.R.A.(N.S.)  85. 


42 


INGREDIENTS. 

Evidence  as  to  results  of  use  of  substance 
upon  issue  as  to  breach  of  warranty  as 
to  ingredients.    L.R.A.1915D,  875.  ' 


INGRESS. 


See  Access. 


INHERITANCE. 


In  general,  see  Descent  and  Distribution. 
Tax  on,  see  Taxes,  §§  90-105. 

Effect  of  statutes  disposing  of  necessity  of 
using  words  of  inheritance  on  estate 
passing  by  deed.     12  L.R.A.  (N.S.)   963. 

Consult  also  L.JR.A.  Digests  of  Cases. 


INHERITANCE  TAX. 


See  Taxes,  §§  90-105. 
♦•» 


INHUMAN  TREATMENT. 

As  ground  of  divorce,  see  Divorce  and  Sep- 
aration, §  25. 


INITIAL   CARRIER. 

Liability  of,  see  Carriers,  §§  98,  142,  143. 


INITIALS. 


See  Name,  §  4. 


INITIATION. 


Liability  of  benovolent  or  fraternal  society 
for  injury  to  person  during  initiation 
or  expulsion.  13  L.R.A.  (N.S.)  314; 
L.R.A.1917C,  476. 

Effect  of  initiation  as  delivery  or  policy 
containing  provision  that  it  shall  not 
become  binding  unless  delivered  while 
assured  is  in  good  health.  17  L.R.A. 
(N.S.)    1155. 

Irregularities  attending  admission  to  mem- 
bership in  order  as  affecting  action  on 
benefit  certificate.  49  L.R.A.  (N.S.) 
902. 


INITIATIVE. 


See  Initiative,  Referendum,  and  Recall, 
§  1. 


INITIATIVE,     REFERENDUM,    AND 
RECALL. 

§    1.  Initiative  and  referendum. 

Scope  and  definitions.  50  L.R.A. (N.S.)  196; 
L.R.A.1917B,  16. 

Constitutionality  of  principle.  50  L.R.A. 
(N.S.) '197;  L.R.A.1917B,  17. 

Necessity  of  legislation  to  carry  constitu- 
tional provisions  into  effect.  50  L.R.A. 
(N.S.)   198;  L.R.A. 3917B,  18. 

As  applied  to  municipal  matters.  50  L.R.A. 
(N.S.)   200;  L.R.A.1917B,  19. 

Application  of  existing  constitutional  pro- 
visions to  initiative  and  referendum  en- 
actments. 50  L.R.A. (N.S.)  204;  L.R.A. 
191 7B,  23. 

Power  of  governor  to  veto.  50  L.R.A. (N.S.) 
208:  L.R.A.1917B,  24. 

Power  of  legislature  to  repeal  or  amend.  50 
L.R.A.  (N.S.)   208;  L.R.A.1917B,  24. 


698 


INDEX  TO  L.R.A.  NOTKS. 


INITIATIVE,    REFERENDUM,   AND   RE- 
CALL—cont'd 
Matters    peculiar   to   initiative.     50   L.R.A. 

(N.S.)    209;   L.R.A.1917B,  24. 
Matters  peculiar  to  referendum.     50  L.R.A. 

(N.S.)   210;  L.R.A.1917B,  25. 
Remedies.     50    L.R.A.  (N.S.)      2U;     L.R.A. 

1917B,  30. 
Matters    relating    to    practical    exercise    of 

the  power.  .50  L.R.A. (N.S.)  218;  L.R.A. 

1917B,  32. 
Construction.     .50  L.R.A. (N.S.)  226;  L.R.A. 

1917B,  45. 

§   2.  The  recall. 

Constitutionality.      50    L.R.A.  (N.S.)     227; 

L.R.A. 1916D,  1103. 
Exclusiveness  of  remedy.     50  L.R.A. (N.S.) 

229;  L.R.A.1916D,  1103. 
Necessity   of   legislation   to  carry  constitu- 
tional provisions  into  effect.  L.R.A. 
1916D,  1103. 
Enforcement.     50  L.R.A.  (N.S.)   229;  L.R.A. 

1916D,  1104. 
Operation.      50    L.R.A.(N.S.)     230;    L.R.A. 
1916D,  1106. 


INJUNCTION. 


I.  In  general,  §   1. 
II.  Right  to;  when  granted,  §§  2-77. 

a.  In  general,  §§  2-6. 

b.  As  to  contract.^,  §§   7-14:. 

c.  Againtit   sale    or    transfer   of 

property,  §   15. 

d.  Illegal      or      tortioxis      acts; 

crimes,  §§  16-18. 

e.  As  to  real  jn'op^rty,   §§    19- 

24:. 

f.  Nuisances,  §§  25-29. 

g.  Water  rights;  sewers,  §§  30- 

33. 

h.  As  to  corporate  matters  and 
franchises;  religious  socie- 
ties,  §§   34-37. 

i.  As  to  partnership  matters,  § 
3S. 

j.  As    to    offices    and   elections, 
§  39. 
Against     legal     proceedings, 
§§  40-60. 

1.  In  general,   §§   40-46. 

2.  Against    judgments,     §§ 

47-60. 

I.  Against  officers  or  munici- 
pality generally;  as  to 
ordinances,   §§  61,  62. 

m.  As  to  taxes,   §   63. 

n.  As  to  streets,  railroads,  and 
carriers,    §§    64-68. 

o.  Unfair  competition;  trade- 
name; tradem.ark;  patent; 
copyright;  trade  secrets, 
§§  69-72. 

p.  Against  speech  or  publica- 
tion, §   73. 

q.  Miscellaneous,  §§   74-77. 
til.  Mandatory  and  temporary  injunc- 
tions,  §§   78-80. 
IV.  Jurisdictional  amount,   §  81 


le. 


Begin  with  this  hoolc  on  every  la^v  question 


INJUNCTION— cont'd 
V.  Procedure;    bond;    decree,    §§    82- 
OO. 

a.  In  general,  §§   82-84. 

b.  Bond,   §§  85-87. 

c.  Dissohttion    and    decree,    §§ 

88-90. 

I.  In  general. 

§    1.  Generally. 

Violation  of,  as  contempt  of  court,  see  Cox- 
tempt,   §   8a. 

Use  of  superintending  control  over  inferior 
tribunal  to  compel  grant  or  refusal  of 
injunction.     20 -L.R.A. (N.S.)   952, 

Effect  of  injunction  obtained  by  a  private 
litigant,  not  a  party  to  tiie  contract, 
preventing  performance,  as  an  excuse 
for  nonperformance  of  contract.  L.R.A. 
1916F,  75. 

Application  to  suit  for,  of  statute  or  ordi- 
nance requiring  notice  or  presentation 
of  claim  as  a  condition  of  municipal 
liability.     50  L.R.A. (N.S.)    186. 

//.  Right  to;  when  granted, 
a.  In  general. 

§   2.  Generally. 

Against  or  in  aid  of  attachment,  see  At- 
tachment, §  19. 

Against  nonresident,  see  Nonbesiden'TS, 
§  3. 

Against  donation  of  public  money,  see  PUB< 
Lie  Money,  §  3. 

In  aid  of  set-off,  see  Set-Off  and  Counter- 
claim,  §  2. 

Jurisdiction  of  equity  when  only  relief 
sought  is  an  injunction  or  receiver  to 
preserve  status  quo  pending  action  or 
proceeding  before  other  tribunal.  .38 
L.R.A. (N.S.)   228. 

§  3.  Adequate  remedy  at  law. 

Injunction  against  collection  of  illegal  tax 
in  case  of.     22  L.R.A.  702,  704. 

Injunction  against  trespass  to  cut  timber 
where  remedy  at  law  is  inadequate.  22 
L.R.A.  235;  43  L.R.A.  (N.S.)  262; 
L.R.A.1917C,  236. 

Effect  of,  on  rights  to  enjoin  execution  sales 
or  other  proceedings  under  final  proc- 
ess.    30  L.R.A.  134. 

As  bar  to  injunction  against  judgment 
against  sureties.     31  L.R.A.  60. 

General  equitable  jurisdiction  in  regard  to 
injunction  against  judgment  where 
there  is  a  remedy  at  law.  32  L.R.A. 
326. 

Effect  of,  on  right  to  injunction  against 
judgment  by  confession.    30  L.R.A.  242. 

Adequacy  of  remedy  at  law  as  affecting 
right  to  injunction  to  compel  or  pre- 
vent erection,  maintenance  or  removal 
of  fences  or  gates.  7  L.R.A.  (N.S.)  51, 
55,  82. 

Right  to  enjoin  acts  under  an  unconstitu- 
tional statute,  as  affected  by  other  rem- 
edies in  case  such  acts  are  done,  8 
L.R.A.  (N.S.)    124. 


INDEX  TO  L.R.A.  NOTES. 


699 


INJUNC'J  ION,  II.  a— cont'd 
§    1.   >'^».Itiplicit.v  of  .suits. 

Injuiutioii  ajjaiiist  trespass  to  cut  timber 
on  <,M-oiincl  of.  22  I>.R.A.  236;  43  L.R.A. 
(N.S.)   262;  I..Il.A.l!tl7C,  236. 

As  j^ro'.iiul  for  injunction  against  collection 
of    i!lr<r!il    taxes.     22    L.R.A.    703. 

As  ground  for  injunction  to  compel  or  pre- 
vent erection  maintenance  or  removal 
of  fences  or  gates.     7   L.R.A  (X.S.)    55. 

Power  of  equity  to  take  jurisdiction  because 
of  multiplicity  of  actions  at  law  for 
personal  injuries  growing  out  of  a 
single  act.  20  L.R.A.(N.S.)  848;  35 
L.R.A.  (N.S.)    491. 

Jurisdiction  of  equity  to  enjoin  the  prose- 
cution of  a  multiplicity  of  baseless  suits 
by  dill'erent  individuals  in  a  court  of 
inferior  jurisdiction  from  which  there 
is  no  appeal.     49  L.R.A.  (N.S.)    496. 

Equity  jurisdiction  to  enjoin  actions  at 
law  by  different  owners  to  recover  for 
injuries  to  their  land  by  the  same  neg- 
ligent or  wrongful  act.  L.R.A. 1915F, 
1012. 

Injunction  to  restrain  prosecution  of  crimi- 
nal or  quasi  criminal  nature  to  avoid 
muLiplicity  of  suits.    L.R.A. 1916C,  271. 

§    5.   Irreparablf    injury. 

InsuHiciency  of  allegation  of,  in  action  to 
enj  Mu  trespass  to  cut  timber.  22 
L.R.A.  239. 

As  ground  for  injunction  against  collection 
of  illegal  taxes.     22  L.R.A.  704. 

As  affecting  right  to  injunction  against  erec- 
tion, maintenance,  or  removal  of  fences 
or  gal.'s  on  ground  of  nuisance.  7 
L.R.A. (N.S.)  78. 

Inju7icti()n  against  trespass  to  cut  timber 
on  ground  of.  43  L.R.A. (N.S.)  262; 
L.R.A.1917C,  236. 

§   5a.  Comparative   injury. 

In  suit  to  enjoin   nuisance,  see  infra.  §  26. 
In  suit  to  enjoin  infringement  of  patent,  see 
infra,  §  69a. 

§   6.  Effect  of  fraud. 

Inju;i  tion  against  judgment  obtained  by 
fraud,  see   infra,   §  52. 

By  one  seeking  injunction  against  infringe- 
ment of  trademark  or  tradename,  see 
infra,  §  70. 

Injunction  against  action  or  proceeding  in 
foreign  jurisdiction  to  prevent.  25 
L.R.A. (N.S.)   268. 

Injunction  against  negotiation  of  note  in 
case  of  fraud.     28  L.R.A.  578. 

Fraud  as  ground  of  injunction  against  tax. 
22  L.R.A.   707. 

Necessity  of  fraudulent  intent  to  justify 
injiuiction  against  unfair  competition. 
4  L.R.A. (N.S.)   960. 

Eflfect  of  fraud  or  concealment  on  right  to 
injunction  against  collection  of  pur- 
chase money  where  title  to  land  is  de- 
fective.    7  L.R.A.  (N.S.)  448. 

Power  of  equity  to  take  jurisdiction  of 
Kuits  to  cancel  policy  for  fraud  and 
enjoin  action  at  law  on  the  policy.  12 
L.R.A.  (N.S.)  881;  48  L.R.A.  (N.S.)  265. 

Consult  also  L.R.A.  Digests  of  Cases. 


INJUNCTION,  II.— cont'd 

b.  As  to   contracts. 

§    7.  Generally. 

Mistake  of  law  as  to  effect  of  instrument, 
as  ground  of.     28  L.R.A. (N.S.)   785. 

Injunction  against  trespass  to  cut  timber 
as  interference  with  contract  rights.  22 
L.R.A.  239:  43  L.R.A.  (N.S.)  268; 
L.R.A.1917C,  236. 

Power  to  grant  mandatory  injunctions  as  to 
specific  perfoimance  of  contracts.  20 
L.R.A.   167. 

Enforcement  of  contracts  of  service  bv  Court 
of  equity.     6   L.R.A. (N.S.)    lll!^). 

Injunction  to  prevent  infant  from  breaching 
contract  made  by  or  for  him.  L.R.A. 
191 6K,  686. 

Injunction  against  breach  of  contract  which 
cannot  be  specifically  enforced.  5 
B.  R.  C.  209. 

Against  breach  of  agreement  by  railroad 
company  as  to  crossing  provided  for  in 
deed  to  railroad  of  right  of  way.  48 
L.R.A.  (N.S.)    388. 

Injunction  to  protect  rights  of  lessef  under 
parol  lease  which  has  been  parllv  per- 
formed.    49  L.R.A. (N.S.)   116. 

§    7a.  Contracts  of  employment. 

Against  engaging  in  competitive  business, 
see  infra,  §  14. 

Against  disclosure  of  trade  secrets,  see  in- 
fra, §  72. 

Right   to  mandatory    injunction   to  compel 

specific    performance    of    contract    for 

services.    20  L.R.A.  167. 
Injunction  to  prevent  infant  from  breaching 

contract  made  by  or  for  him.     L.R.A 

1916E,  686. 

§   8.  Public  contract. 

At  instance  of  lowest  bidder  to  prevent 
award  of  public  contract  to  another. 
30  L.R.A.  (N.S.)   127. 

§   9.  Against   breach  of  covenant. 

Right  to  enforcement  of  restrictive  covenant 
as  affected  bv  change  in  neighborhood. 
28  L.R.A.(N.S.)   706. 

§10.  Against  inducing  breach  qf  con- 
tract. 

Injunction  against  inducing  or  aiding  breach 
of  contract.  11  L.R.A.  (N.S.)  202: 
L.R.A.1917C,  782. 

§    11.  Against   negotiation   of  note. 

Generally.     28  L.R.A.  577. 

In  cases  where  the  note  is  void.     28  L.R.A. 

577. 
Fraud     or     failure    of     consideration.       28 

L.R.A.  578. 
In  aid  of  set-off.    28  L.R.A.  578. 
Where  note  is  held  in  trust.    28  L.R.A.  578. 
Not   where   there   are   other    remedies.      28 

L.R.A.  579. 
After  maturity.    28  L.R.A.  579. 
Parties  m  pari  delicto.    28  L.R.A.  579. 
Not  where  fraud  is  absent.     28  L.R.A.  579. 


700 


INDEX  TO  L.R.A.  NOTES. 


INJUNCTION,  II.  b— cont'd 
Not  for  mere  convenience.     28  L.R.A.  579. 
Not  in  hands  of  innocent  holder.     28  L.R.A. 
679. 

§    12.  Illegal  contract. 

Contracts,  in  restraint  of  trade,  see  infra, 
§13. 

Allowing   injunction,   in   favor   of   party  in 
pari  delicto,   against   enforcing   or 
otherwise    proceeding    with    illegal 
contract.    48  L.R.A.  842. 
Enjoining   breach    of   contract   contrary    to 
public  policy,  on  account  of  public  in- 
convenience from  the  breach.     1  L.R.A. 
(N.S.)   1032. 
Injunction  to  prevent  infant  from  breaching 
contract  made  by  or  for  him.     L.R.A. 
1916E,  686. 

§  13.  Against  engaging  in  competitive 
business. 

Injunction  to  prevent  bieach  of  stipulation 
to   handle   or   use   the    product   of    one 
producer    only.      10   L.R.A. (N.S.)    475. 
Effect  of  stipulation  for  liquidated  damages 
in  contract  not  to  engage   in  business, 
upon    equitable   jurisdiction    to    enjoin 
breach  thereof.     10  L.R.A. (N.S.)    204; 
L.R.A.1917E,  886. 
Remedy  by  injunction  to  restrain  the  viola- 
tion of  an  agreement  not  to  prac- 
tise medicine  or  surgery  within  ri 
certain      territory.        L.R.A. 1915B, 
206. 
Right  of  husband  to  prevent  wife  engaging 
in   a  separate  business   in  competition 
with  his  own.     32  L.R.A. (N.S.)   837. 

§    14.  —by  employee. 

Against  disclosure  of  trade  secrets,  see  in- 
fra, §  72. 

Injunction  against  breach  by  employee  of 
agreement  not  to  engage  in  a  compet- 
ing business.     16  L.R.A. (N.S.)    389. 

Against  breach  of  covenant  not  to  enter 
another's  employment  as  affected  by 
distinction  between  procuring  specific 
performance  of  contract  and  prevent- 
ing injury  to  business.  35  L.R.A.  (N. 
S.)   119. 

Right,  in  absence  of  negative  covenant,  to 
enjoin  former  employee  from  soliciting 
business  from  customers  of  employer. 
31  L.R.A.  (N.S.)  260. 

Injunction  to  prevent  employee  from  enter- 
ing service  of  rival  in  violation  of 
agreement.     31  L.R.A. (N.S.)   249. 

c.  Against  sale  or  transfer  of  property. 

§    15.  Generally. 

Against  execution  sale  or  sale  under  mort- 
gage, or  trust  deed,  see  infra,  §§  41a- 
44. 

Against  sale  of  corporate  franchise,  see  in- 
fra, §  36. 

Against  fraudulent  conveyance,  see  Fraud- 
ulent Conveyances,  §  25. 

Against  sale  of  liquor,  see  Intoxicating 
Liquors.  §  36. 


Begin  with  this  hooTc  on  every  law  question 


IN.JLTNCTION,  II.  c— cont'd 

Against  sale  of  letters.  37  L.R.A. (N.S.> 
944. 

Surety's  right  prior  to  obtaining  a  judgment 
or  lien  to  enjoin  principal's  transfer  of 
propertv  to  defraud  him.  15  L.R.A, 
(N.S.)  484. 

Right  to  injunction  during  lifetime  of  one 
who  has  conveyed  or  is  about  to  con- 
vey propert}'  in  violation  of  agreement 
to  leave  same  at  his  death  to  complain- 
ant.    18  L.R.A.  (N.S.)  218. 

Right  to  injunction  against  transfer  by  hus- 
band in  fraud  of  wife's  support.  18 
L.R.A.  (N.S.)  1156. 

Validity  of  transfer  of  property  in  violation 
of  restraining  order.  50  L.R.A. (N.S.) 
■  871. 

Against  sale  of,  or  proposal  to  sell  real 
property  to  person,  or  for  purpose  re- 
garded as  undesirable.  44  L.R.A. (N.S.) 
228. 

d.  Illegal  or  tortious  acts;  crimes. 

§16.  Generally. 

As  to  nuisances,  see   infra,  §§  25-29. 

Against  labor  organization,  see  Conspira- 
cy, §§  4-7;  Labor  Organization, 

Against  sale  of  liquor,  see  Intoxicating 
Liquors,  §  36. 

To  prevent  enticement  of  servant.  5  L.R.A. 
(N.S.)   1096. 

Against  violation  of  Federal  anti-trust  law. 
64  L.R.A.  715. 

Against  being  sent  to  pest  house.  23  L.R.A. 
(N.S.)   1188. 

Injury  to  one's  business  or  interests  as 
ground  for  an  injunction  against  an 
illegal  business  establishment  not  di- 
rectlv  affecting  otlier  property.  45 
L.R.A.(N.S.)    827. 

Against  interference  with  rights  of  ferry- 
man.    L.R.A.1916D,  834. 

§    17.  Blacklisting. 

Against  blacklisting  of  servant.  20  L.R.A. 
342;  4  L.R.A. (N.S.)   1121. 

§18.  Crimes. 

Against  criminal'  prosecution,  see  infra, 
§  46. 

Injunction  at  the  suit  of  state  against  pub- 
lic nuisance  which  is  also  a  crime.  15 
L.R.A.  (N.S.)  747;  23  L.R..\.  (N.S.) 
691;  33  L.R.A.(N.S.)  325;  47  L.R.A. 
(N.S.)   673. 

Injunction  against  crime  which  is  a  private 
nuisance.  3  L.R.A.  (N.S.)  622;  21 
L.R.A. (N.S.)    585;   L.R.A.1918D,  683. 

Injunction  against  commission  of  crime 
when  propertv  right  involved.  3  L.R.A. 
(N.S.)  622;*  21  L.R.A.(N.S.)  585; 
L.R.A.1918D,  683. 

Validity,  under  constitutional  provision 
forbidding  second  jeopardy,  of  statute 
authorizing  injunction  against  commis- 
sion of  crime.     2  L.R.A. (N.S.)    1111. 

Injunction  to  restrain  sale  of  liquor  to  be 
shipped  into  prohibition  territory. 
L.R.A.]  917D,  1027. 


INDEX  TO  L.R.A.  NOTES. 


701 


IXJUXCTIOX,  II.— K5ont'd 

e.  As  to  veal  property. 

§    19.  GcneraHy. 

Against  breach  of  covenants  as  to.  see  supra, 

§  9. 
Against  sale  or  transfer  of.  see  supra,  §  15. 
X^uifances   affecting,  see   infra,   §§  25-29. 
As  to  streets,  see  infra.  §§  64,  65,  67. 
To    prevent    cloud   on    title,   see    Cloud   on 

Title,  §  4. 

To  prevent  removal  of  lateral  support.  68 
L.R.A.  697. 

Against  surviving  partner  with  reference  to 
real  estate.     28  L.R.A.  137. 

Power  to  grant  mandatory  injunctions  as  to 
real   property,     20  L.R.A.   161. 

Power  to  grant  mandatory  injunctions  as  to 
possession  of.     20  L.R.A.  169. 

JIandatory  injunction  to  compel  the  re- 
moval of  a  structure  which  encroacii- 
es  on  adjoining  property.  36  L.R.A.  (X. 
S.)    402. 

Injunction  to  protect  trees  on  boundary 
line.     46  L.R.A.  (N.S.)   5. 

Sufficiency  of  possessory  title  aa  a  weapon 
of  offense.     46   L.R.A.<X.S.)    505,  517. 

To  prevent  interference  by  railroad  with 
crossing  stipulated  for  in  deed  to  rail- 
road of  right  of  way.  48  L.R.A. (N.S.) 
378. 

Against  construction  or  use  of  crossing  pro- 
vided for  in  deed  to  railroad  of  right 
of  way.     48  L.R.A.  (X.S.)    389. 

Injunction  against  waste  of  oil  or  gas  caus- 
ing injury  to  neighboring  wells.  48 
L.R.A.(X.S.)    170. 

Injunction  to  protect  rights  of  lessee  under 
parol  lease  which  has  been  partly  per- 
formed.    49  L.R.A.  (X.S.)    116. 

Injunction  to  prevent  interference  with  land 
during  seeding  or  harvest  time.  L.R.A. 
1918B,  413. 

§   2  0.  In  other  state  or  country. 

Jurisdiction    to    issue    injunction    affecting 

real     property     in     another     state     or 

country.     69  L.R.A.  689. 
Jurisdiction  to  enjoin  acts  with  respect  to 

real     property     in    another     state.       7 

L.R.A.(X.S.)"ll4. 

§   21.  Trespass. 

Injunction  to  prevent  interference  with  land 
during  seeding  or  harvest  time.  L.R.A. 
191SB,   413. 

Injunction  against  repeated  trespass.  13 
L.R.A.(X.S.)  173;  21  L.R.A. (N.S.)  417. 

Injunction  to  prevent  trespass  of  animals 
or  fowls.     48  L.R.A. (N.S.)    179. 

Injunction,  on  grounds  of  trespass,  to  com- 
pel or  prevent  the  erection,  mainte- 
nance, or  removal  of  fences  or  gates.  7 
L.R.A.(N.S.)    50. 

8   22.  — on  oyster  beds. 

Equitable  jurisdiction.    3  L.R.A. (N.S.)  205. 

Injunctive  relief  as  dependent  on  right,  ti- 
tle, or  interest  of  complainant.  3 
L.R.A. (X.S.)   206. 

Consult  also  L.It.A.  Digests  of  Cases. 


IXJL'NCTIOX',  IL  e— cont'd 
Continuance    or    dissolution    of    injunction. 
3  L.R.A.(N.S.)   207. 

§   23.  —to  cut  timber. 

Generally.  22  L.R.A.  233;  43  L.R.A.(N.S.) 
262;  L.R.A.1917C,  236. 

Courts  conservative  in  extending  relief.  22 
L.R.A.  234. 

The  injunction  may  be  awarded  if  there  is 
no  adequate  remedy  at  law.  22  L.R.A. 
235. 

When  remedy  at  law  is  inadequate.  22 
L.R.A.  235. 

Necessity  that  injury  be  irreparable.  43 
L.R.A.(N.S.)   262. 

Multiplicity  of  suits.    22  L.R.A.  236. 

Where  trespass  is  continuous.  43  L.R.A. 
(X.S.)   265;  L.R.A.1917C,  237. 

The  question  of  possession  or  title.  22 
L.R.A.  236. 

Preventing  waste  pending  litigation.  22 
L.R.A.  237. 

Statutory  provisions.  22  L.R.A.  239;  43 
L.R.A. (X.S.)   269;  L.R.A.1917C,  237. 

Allegation  of  irreparable  injury  not  suffi- 
cient.   22  L.R.A.  239. 

Interference  with  contract  rights.  22  L.R.A, 
239. 

Sufficient  evidence  of  continuity  of  tres- 
pass.    43  L.R.A. (N.S.)   266.' 

Where  no  trespass  is  yet  committed.  43 
L.R.A. (N.S.)   266. 

Insolvency  of  defendant.  43  L.RA.(X.S.) 
266. 

Nonresidence  of  defendant.  43  L.R.A. 
(N.S.)    267. 

Effect  of  privity  hetween  owner  and  tort- 
feasor 43  L.R.A.(N.S.)  267;  L.R.A. 
1917C,  237. 

Where  to  preserve  status  quo  pending  an- 
other suit.  43  L.R.A.(N.S.)  268; 
L.R.A.1917C,   237. 

Where  ancillary  to  suit  in  same  court.  43 
L.R.A.  (X.S.)    269. 

I  §   24.  Against  mining  operations. 

!  Injunction    against    removal    of    subjacent 
I  support   bv   mining.      16   L.R.A. (N.S.) 

!  851. 

j  Against  mining  operations  by  lessee  pend- 
I  ing   dispute  as  to   forfeiture  of  lease. 

j  1   L.R.A.  (N.S.)    333. 

Against  pollution  of  stream  bv  mining  op- 
eration.    22  L.R.A. (X.S.)' 283. 
Right  of  one  who  pumps  oil.  gas.  or  water 
on  his  premises  to  enjoin  similar  acts 
by  his  neighbor.    30  L.R.A.(X.S.)  1057. 

/.  Xuisances. 

§   25.  Generally. 

In  street,  see  infra,  §  65. 
Other  remedies  against  nuisance,  see  Nui- 
sances, g§  20-25. 

Against  blasting.    6  L.R.A.  (N.S.)  570. 

Against  private  nuisances  authorized  bv 
legislature.     1  L.R.A.  (N.S.)   134. 

Injunction  against  crime  which  is  a  private 
nuisance.  3  L.R.A.  (X.S.)  622;  21 
L.R.A. (X.S.)   585:  L.R.A.1918D,  683. 


ro2 


INDEX  TO  L.R.A.  NOTES. 


INJUNCTION,  II.  f— cont'd 

Injunction  at  suit  of  state  against  public 
nuisancf  which  is  also  a  crime.  15 
L.R.A.iN.S.)  747:  23  L.R.A.(N.S.) 
G91;  :z:i  L.R.A.{X.S.)  325;  47  L.R.A 
(N.S.)   673. 

Right  of  property  owner  to  damages  or  in- 
junction for  maintenance  of  electric 
iigiit  plant  in  vicinity  of  his  property. 
27  L.R.A.  (N.S.)  237." 

Right  of  property  owner  to  enjoin  location 
of  contagious  disease  hospital  in  neigh- 
borhood. 5  L.R.A.  (N.S.)  1028;  25 
L.R.A.(N.S.)   223. 

Right  of  lessee  to  maintain  suit  to  enjoin 
nuisance.     3  L.R.A.  (N.S.)    448. 

Power  to  grant  mandatory  injunctions  as  to 
nuisances.     20  L.R.A.  165. 

Injunction  to  compel  erection,  maintenance, 
or  removal  of  fences  or  gates  on 
grounds  of  nuisance.  7  L.R.A. (N.S.) 
72. 

Injunction  against  nuisance  as  affecting  sub- 
sequent occupants  of  property.  13 
L.R.A. (N.S.)   462. 

§  26.  Doctrine  of  comparative  injury, 
in  suit  to  enjoin  nuisance. 

In  general.     31  L.R.A. (N.S.)  881:  39  L.R.A. 

(N.S.)    580;   L.R.A.1J)16C,  1269. 
Preliminary    injunction.      31    L.R.A. (N.S.) 
881:    "39     L.R.A.  (N.S.)      580;     L.R.A. 
1916C,  1269. 
Distinction   between   preliminary   and    final 

injunction.     31  L.R.A.  (N.S.")    882. 
Final  injunction.     31  L.R.A. (N.S.)   883:  39 
"L.R.A. (N.S.)    581. 
Doctrine  that  injunction   is  discretion- 
ary.    31  L.R.A. (N.S.)    884;   L.R.A. 
1916C, 1269. 
Doctrine  that  injunction  is  a  matter  of 
right.  31  L.H.A.(N.S.)  888:  L.R.A. 
1916C,  1269. 
Effect  of  locality.     L.R.A.1916C,  1269. 
Where     public     convenience     is      involved. 

L.R.A.1916C,   1270. 
Laches  of  complainant.     L.R.A.1916C,  1270. 
Conditional    injunction.      31    L.R.A.  (N.S.) 

898. 
Statutory  provisions.     31  L.R.A. (N.S.)  899. 

§  27.  Against  nuisance  maintained  by 
municipal  corporation. 

Drainage,  generally.     23  L.R.A.  301. 
Drainage  into  water  course.    23  L.R.A.  301. 
Docks  and  navigation.    23  L.R.A.  302. 
^larket    houses    and    buildings.      23    L.R.A. 

303. 
Railroads    and    other    uses    of    streets.      23 

L.R.A.  303. 
Cemetery.     23  L.R.A.  303. 
Public  urinals.    23  L.R.A.  303. 

§   28.  liiquor  nuisance. 

Against  saloon  l)ecause  of  character  of  lo- 
cality.    4  L.R.A. (N.S.)    810. 

Injunction  l)y  municipality  against  unlaw- 
ful keeping  of  saloon  and  sale  of 
licpiors.     41  L.R.A.  .321. 

Jiff/ill   irith  tliis  hvoh'  on  efertf  law  question. 


I INMUNCTION,  II.  f— cont'd 

Injunction  against  use  of  real  property  for 
sale  of  liquor  as  affecting  right  of  sub- 
sequent occupant.  13  L.R.A.  (N.S.) 
462. 

Injunction  to  restrain  sale  of  liquor  to  be 
sliipped  into  prohibition  territory. 
L.R.A.]  91 7D,   1027. 

§   28a.  Disorderly  houses. 

Injunction      against      bawdvliouse.      L.R.A. 

1918D,  819. 
Right  of  owner  or  occupant  of  neigiiboring 

property     to     enjoin     maintenance     of 

house      of      prostitution.        11      L.R.A. 

(N.S.)     1060:    42    L.R.A.(N.S.)     1041; 

L.R.A.1918D,  819. 

§  29.  Injunctions  by  municipal  corpo- 
rations. 

Remedies  for  nuisances  generally,  see  Nui- 
sances, §§  20-25. 

Right  of  a  municipality  to  maintain  .suit  to 
enjoin      a      public      nuisance.      51 
L.R.A.  657:   L.R.A.1916D,  1020 
Nuisances  in  water  and  water  courses. 

40  L.R.A.  465;   L.R.A.1916D,  1025. 
Public   morals,   peace,   and  good   order. 

41  L.R.A.  321;  L.R.A.1916D,  1026. 
Public    heu.th    and    satetv.      41    L.R.A. 

322;    L.R.A.1916D,   1025. 
Nuisance    upon    highway    and    streets. 

42  L.R.A.  814:   L.R^A.1916D,  1022. 
Nuisances   by    railroads    and   electrical 

companies.     44  L.R.A.  565. 

g.  Water  vifjltts;  sewers. 


§   3  0,  Generally. 

To  protect  water  riglit.  3  L.R.A.  609:*  4 
L.R.A.  572;*   12  L.R.A.  486. 

Against  use  of  stream  to  float  logs.  41 
L.R.A.  497. 

Injunction  against  nuisance  as  to  docks 
and  naviaation  maintained  by  munici- 
pality.    23  L.R.A.  302. 

Injunction  by  municipal  corporation 
against  nuisances  in  water  and  water 
courses.  40  L.R.A.  465;  L.R.A.1916D, 
1025. 

Power  to  grant  mandatory  injunctions  re- 
lating to  mill  dams.     20  L.R.A.  163. 

Injunction  against  hunting  or  fisiiing  on 
navigable  waters,  or  against  interfer- 
ence therewith.     17  L.R.A.  (N.S.)    1236; 

38   L.R.A. (N.S.)    286. 

« 

§   31.  As  to  drains  and  sewers. 

Injunction  against  drainage  nuisance.  23 
L.R.A.  301. 

Injiuiction  against  drainage  by  municipal- 
ity   into   watercour.se.      23    L.R.A.    301. 

Against  construction  of  sewer.  60  L.R.A. 
243. 

Against  draining  sewage  into  stream.  48 
L.R.A.  707. 

§    32.  Against  obstruction  or  diversion. 

To     restrain     obstruction     of    stream.      59  ^ 
L.R.A.  881. 


INDEX  TO  L.R.A.  NOTES. 


703 


INJUNXTION,   II.  g— confd 

Against    obstruction    of    navisable    stream 

59  L.R.A.  91. 
Right     of     private     person     to     injunction 

against  obstruction  of  navigable  stream. 

38   L.R.A.  (X.S.)    7(56. 
Power     to     grant     mandatory     injunctions 

against     obstruction      or     diversion    of 

water  courses  generally.    20  L.R.A.  164. 
At   instance   of    riparian    owner    to    prevent 

diversion    of    flood    water.      22    L.R  A. 

(N.S.)   391. 

§   33.  Pollution. 

]iy  drains  and  sewers,  see  supra,  §  31. 

Against  pollution  of  stream  for  mining 
purposes.      24    L.R.A.    tiG. 

h.  As   to    corporate    matters   and    fran- 
chises; religious  societies. 

§   34.  Generally. 

Against  reduction  of  capital  stock  of  cor- 
poration.     1    L.R.A.  (N.S.)    571. 

To  enforce  orders  of  Public  Service  Com- 
missions.    L.R.A. 1918E,  308. 

To  restrain  assessment  on  paid-up  stock. 
45   L.R.A.   653. 

To  enforce  stockholder's  right  to  inspect 
corporate  books.     45  L.R.A.  45S. 

Right  of  benevolent,  fraternal  or  social  or- 
der to  protection  against  use  of  name, 
injiL'nia,  ritual,  etc.,  bv  another  organ- 
ization.    L.R.A. 1915B,'  1074. 

§  35.  DisHolution  or  discontinuance  of 
.service. 

Right  of  minority  stockholder  to  restrain 
voluntary  dissolution  of  corporation  by 
directors  or  majority  stockholders.  23 
L.R.A.  (N.S.)     1177. 

Right  of  municipality,  in  absence  of  con- 
tract, to  rc-itrain  natural  gas  company 
from  discontinuing  business  of  supply- 
ing gas.     26   L.R.A. (N.S.)    92, 

§  36.  Sale  of  franchise  or  invasion  of 
rialits  under  it. 

Against  sale  of  corporate  franchise  or  prop- 
erty necessary  to  its  enjoyment.  20 
L.R.A.  737. 

To  restrain  interference  with  rights  of  ferry- 
man.    59   L.R.A.   552. 

Right  of  owner  of  franchise  for  public  ben- 
efit, which  is  not  exclusive,  to  injunc- 
tion against  its  invasion  without  right. 
29  L.R.A. (N.S.)   77. 

S   3  7.  Relijsrioiis  societies. 

Right    of    member    of    cliurch    to    injunction 

against    unlawful    sale    by    trustees.     2 

L.R.A. (N.S.)   828. 

Enjoining   control,    use   of,    or    interference 

with    church    property.      3    L.R.A. 

(N.S.)    854. 

i.  As  to  partnership  matters. 

§   88.  Generally. 

Against  sale  of  partnership  property  for 
debt  of  partner.     4G  L.R.A.  500.  * 

Against  survivins  partner  with  reference  to 
r-al   estate.  ^28  L.R.A.   137. 

Consult  also  L.R.A.  Digests  of  Cases. 


INJUNCTION,  II.  i— confd 
.Against   levy   on    partneiship   property    for 
debt  of  partner.    46  L.R.A.  491. 

j.  As  to  offices  and  elections. 

§    39.  Generally. 

Power  .to   grant   mandatory   injunctions   as 

to  oHices.     20  L.R.A.  167. 
In    matters    preceding    election.      3    L.R.A. 

(N.S.)    .382. 
Against  holding  election.     40  L.R.A. (N.S.) 

577. 
As  to  matters  connected  with  initiative  and 

referendum   election.      50   L.R.A. (N.S. ) 

215;  L.R.A.1917B,  31. 
In     connection     with     recall     election.       50 

L.R.A.(N.S.)    230;    L.R.A.1916D,    1104. 

k.  Against  legal  proceedings. 
1.  In   general, 

§   40.  Generally. 

Injunction  against  enforcement  of  illegal 
contract,  see  supra,  §§  12-14. 

Against  attachment,  sec  Attachment.  §  19. 

Injunction  against  proceedings  in  other 
court,  see  Courts,  §  51. 

Against  documentary  evidence.  51  L.R.A. 
754. 

In  aid  of  attachment.     20  L.R.A.  446. 

Doctrine  of  comparative  injury  in  suit  to 
enjoin  other  suits  for  infringrtnent  of 
patent.     ,39  L.R.A. (N.S.)   1. 

Right  to  enjoin  prosecution  of  collusive 
suit  in  court  of  co-ordinate  jurisdiction. 
11   L.R.A. (N.S.)    .581. 

Power  of  equity  to  take  jurisdiction  because 
of  multiplicity  of  actions  at  law  for 
personal  injuries  growing  out  of  a 
single  tort.  20  L.R.A. (N.S.)  848;  35 
L.R.A, (N.S.)    491. 

Application  to  governing  body  of  municipal- 
ity for  relief,  as  condition  of  right  of 
citizen  to  maintain  suit  to  enjoin  ac- 
tion by  municipality.  8  L.R.A. (N.S.) 
574. 

Power  of  equity  to  take  jurisdiction  of  suit 
to  cancej  policy  for  fraiul  and  to  en- 
join action  at  law  on  the  policy.  12 
L.R.A.(N.S.)  881;  48  L.R.A. ( N.S.')  265. 

Equity  jurisdiction  to  enjoin  actions  at  law 
by  different  owners  to  recover  fAr  in- 
juries to  their  land  by  the  same  negli- 
gent or  wrongful  act.  L.R.A,1915F, 
1012. 

Injunction  to  restrain  action  by  seller  to  re- 
cover property  sold  bj-  conditional  sale. 
L.R.A.1917C,'77. 

§  41.  .\gainst  action  or  proceedinss  in 
foreign  jurisdiction. 

General  principles.     21  L.R.A.  71;  25  L.R.A. 

(N.S.)    267. 
After  a  final  decree.     21   L.R.A.  71. 
Pending  proceedings  or  to  prevent  harassing 

suits.     21   L.R.A.  72;   25   L.R.A. (N.S. ) 

268. 


704 


l.\DEX  TO  L.R.A.  NOTES. 


INJUNCTION,  II.  k,  1— cont'd 

In  case  of  dosi;xu  to  avoid  domestic  laws  or 
contract.  21  L.K.A.  72;  15  L.Il.A.(N.S.) 
1008;  25  L.R.A.(N.S.)   269. 

In  case  of  foreign  defendant  or  property. 
21   L.R.A.   73. 

In  administration  proceedings.  21  L.R.A. 
73. 

In  insolvency  proceedings.  21  L.R.A.  74; 
25  L.R.A.  (X.S.)  270. 

Attachment  proceedings.     21  L.R.A.  75. 

Garnisliment  in  otiier  state.     19  L.K.A.  580. 

In  divorce  suits.     21  L.R.A.  75. 

Before  consul.     21   L.R.A.   75. 

Rule  in  case  of  state  courts.     21  L.R.A.  75. 

To  prevent  embarrassment,  oppression,  or 
fraud.     25  L.R.A.{N.S.)    268. 

To  enable  plaintiff  to  secure  a  more  favor- 
able result.     25  L.R.A.(N.S.)    270. 

Where  local  court  had  prior  jurisdiction.  25 
L.R.A.  (N.S.)   271. 

Where  all  matters  at  issue  can  be  adjudi- 
cated in  pending  suit.  25  L.R.A. (N.S.) 
271. 

Where  the  court  cannot  enforce  its  decree. 
25  L.R.A. (N.S.)   271. 

Estoppel.     25  L.R.A. (N.S.)    272. 

Miscellaneous  examples.  25  L.R.A.  (N.S.) 
272. 

Jurisdiction  to  restrain  legal  proceedings 
with  respect  to  land  in  another  state 
or  country.  69  L.R.A.  689;  7  L.R.A, 
(N.S.)    114. 

§  41a.  Against  execution  sales  or  other 
proceedings  under  final  process. 

Exempt  personal  property.     30  L.R.A.  99. 

Homestead.     30  L.R.A.   100. 

What   kind    of    property    first    liable;        30 

L.R.A.   102. 
Public  property.     30  L.R.A.  103. 
Property   in   the  custody  of  the   law.       30 

L.R.A.  103. 
Railroad  and  quasi  public  corporation  prop- 
erty.    30  L.R.A.  104. 
Partnership   property.     30  L.R.A.   105. 
Property  owned  by  third  parties.  30  L.R.A. 

107. 
Personal  property  of  a  peculiar  value.     30 

L.R.A.  119. 
Trust  property.     30  L.R.A.   119. 
In  favor  of  or  against  executors  and  admin- 
istrators.    30  L.R.A.  120. 
In  favor  of  assignee  for  creditors.    30  L.R.A 

124. 
In  favor  of  or   against  lien   creditors.     30 

L.R.A.  125. 
In    favor   of   general   creditors.     30   L.R.A 

129. 
Ejectment  cases.     30  L.R.A.  129. 
Summary  proceedings  in  forcible  entry  and 

detainer.     30   L.R.A.   t29. 
Jurisdiction  of  courts.     30  L.R.A.  132. 
Remedy  at  law.     30  L.R.A.  134. 
Irregularities.     30  L.R.A.  136. 
Effect    of    injunction    on    executions,    sales 
and    final   process.     30   L.R.A. 
140. 
Effect  of  time  upon  injunctions,  executions, 
and     judgments.       30     L.R.A. 
142. 


INJUNCTION,  II.  k,  1— cont'd 

Against  sale  of  corporate  franchise  of  prop- 

crtj'     necessary    to    its    enjoyment.     20 

L.R.A.  737. 
Against    sale    of    partnership    property    for 

debt  of   partner.     46   L.R.A.   500." 
Amount   in    dispute    in    case    of    injunction 

against   sale   of   exempt   property.       61 

L.R.A.  781. 

as    necessary    party    to 
execution    sale.     L.R.A. 


Judgment  creditor 
suit  to  enjoin 
1915F,  1120. 


Begin  with  this  boolc  on  every  laic  question. 


§    42.  —levy. 

Effect  of  irregularities  in  levy  on  ngnt 
to  injunction  against  sale  thereunder. 
30  L.R.A.  137. 

Against  levy  on  partnership  property  for 
debt  of  partnership.     46  L.R.A.  491. 

§  43.  Against  sale  under  trust  deed  of 
mortgage. 

Against  sale  under  trust  deed  pending  bank- 
ruptcy.    2  L.R.A. (N.S.)    560. 

§   44.  —  under  power  in  mortgage. 

Right   to   enjoin    sale   under   a   power   in    a 
mortgage  against  which  the  statute  of 
limitations    has    run.     6    L.R.A. (N.S.) 
510. 
Against  sale  under  power   in  mortgage  be- 
cause of  overstatement  of  amount 
due.     35   L.R.A.  (N.S.)    909. 

§    44a.  Against  garnisliment. 

Against  judgment  in  garnishment  jiroceed- 
ings,  see  infra,  §  60. 

Garnishment  in  other  state.     19  L.R.A.  580. 

Injunction  against  repeated  garnishment  of 
exempt   wages.     10  L.R.A.  (N.S.)    983. 

Right  to  enjoin  garnishment  of  wages  be- 
cause of  rule  of  employer  providing  for 
discharge  of  employees  whose  wages  are 
garnished.     6  L.R.A. (N.S.)    491. 

§  45.  Against  collection  of  purcliase 
money  where  title  to  land  is  defect- 
ive. 

Fraud  or  concealment.     7  L.R.A. (N.S.)  448. 
Where     purchaser     held     by     title     bond 

7   L.R.A.  (N.S.)    449. 
Insolvency   or   nonresidence  of   vendor.        7 

L.R.A.(N.S.)   451. 
Contract  of  vendor.     7  L.R.A.  (N.S.)   454. 
Solvent  vendors.     7  L.R.A. (N.S.)    i55. 
Purchasers  under  quitclaim  deeds.    7  L.R.A. 

(N.S.)    458. 
Estoppel.     7  L.R.A. (N.S.)   459. 
Purchaser  in  default.     7  L.R.A. (N.S.)    459. 
Contract  of  purchaser.     7  L.R.A. (N.S.)  460, 
Notice  to   purchaser.     7   L.R.A.  (N.S.)    460. 
Pleading,     parties,    and    proof.      7     L.R.A. 

(N.S.)    461. 
Rescission.     7  L.R.A. (N.S.)   463. 
Curing  title.     7  L.R.A.  (N.S.)    463. 
Code    and*  statutory    provisions.     7    L.R.A. 

(N.S.)   463. 
English     and     Canadian     cases.  A. 

(N.S.)    465. 


INDEX  TO  L.R.A.  NOTES. 


705 


INJUNCTION,  II.  k,  1— cont'd 

§   46.  Against  criminal   proceedings. 

In  general.     21   L.R.A.  84;   2  L.R.A.(N.S.) 
(531:    25    L.R.A.  (N.S.)    193;    34 
(N.S.)   454;  L.R.A.1916C,  263. 

Prosecutions    bv    the    Crown    or    state.     21 
L.R.A.   84.' 

Prosecutions  under  city  ordinances,  gener- 
ally.    21  L.R.A.  86. 


2,  Against  judgments. 


INJUNCTION,  II.  k,  2^jont'd 

Lost  or  destroyed  record.     30  L.R.A.  562. 

For  fraud.     30  L.R.A.  562. 
L.R.A-  '  For  alteration  of  record.     30  L.R.A.  563. 

Judgments  set  aside,  reversed,  or  supersed- 
ed.    30   L.R.A.   503. 

For    payment    or    satisfaction.     30    L.RA. 
563. 

In  behalf  of  surety.     30  L.R.A.  567. 

For  set-off.     30  L.R.A.  569. 

For  newiv  discovered  evidence.     30  L.R.A. 
571; '31  L.R.A.  64. 


§    47. 


General  equitable  jurisdiction  in 
regard  to. 

In  matters  of  concurrent  jurisdiction.  32 
L.R.A.  321. 

Where  there  is  a  failure  to  defend  at  law. 
32  L.R.A.  322. 

Where  there  is  negligence  in  not  asserting  a 
legal  defense.     32  L.R.A.  323. 

Where  a  legal  defense  was  asserted  at  law. 
32  L.R.A.  324. 

For  defenses  not  available  at  law.  32 
L.R.A.  324. 

On  a  bill  of  discovery  to  aid  defense.  32 
L.R.A.  325. 

Where  there  is  a  remedy  at  law.  32  L.R.A. 
326. 

Power  of  equity  to  enjoin  enforcement  of 
judgment  in  action  at  law,  in  order  to 
retain  the  status  quo  pending  an  ap- 
peal from  such  judgment.  25  L.R.A 
(N.S.)    828. 

Against  enforcement  of  judgment  as  aid  to 
equitable  set-off  asainst  judgment 
creditor.     35  L.R.A.*(N.S.)  142. 

Injunction  against  enforcement  of  judg- 
ments on  betting  and  gambling  con- 
tracts.    48  L.R.A.  847. 

§  4  8.  For  want  of  jurisdiction,  or 
judgments  which  are  void. 

In  general.     31  L.R.A.  200. 

As  to  party.     31  L.R.A.  202. 

As  to  time.     31   L.R.A.  202. 

As  to  venue.     31   L.R.A.  203. 

As  to  amount.     31  L.R.A.  203. 

As  to  judge  or  court.     31  L.R.A.  204. 

Matters  of  process  and  service.  31  L.R.A. 
204. 

On  account  of  appearance.     31  L.R.A.  211. 

Pleading  and  practice.     31  L.R.A.  212. 

Where  there  was  no  judgment  or  it  was  set 
aside.     31  L.R.A.  212, 

In  garnishment  proceedings.     30  L.R.A.  362. 

Right  of  garnishee  to  enjoin  judgment 
against  him  on  ground  of  lack  of  ju- 
risdiction against  principal  defendant. 
51  L.R.A. (N.S.)   601. 


§   49.  For  errors  and  Irregularities. 

For  erroneous   rulings  and  decisions.        30 

L.R.A.  700. 
For  irregularities.     30  L.R.A.  707. 
In    judgment    in    garnishment    proceedings. 
30  L.R.A.  361. 

§   50.  For  matters  arising  subsequent- 
ly to  rendition. 
Lack   of   remedv   by   appeal    or   new   trial. 

30  L.R.A.  '560. 
Consult  also  L.R.A.  Digests  of  Cases.    45 


§  51.  For  defenses  existing  prior  to 
rendition. 

Set-off  against  judgment  as  ground  for  in- 
junction, see  Set-Off  and  Counteb- 
CLAIM,    §    24. 

Failure  of  consideration.     31  L.R.A.  747. 

Fraud.     51  L.R.A.  756. 

Public    policy.     31    L.R.A.   758. 

Set-off.     31   L.R.A.   763. 

Payment.     31  L.R.A.  770. 

Conditions.     31  L.R.A.  773. 

Partition  and  dower.     31  L.R.A.  773. 

As  to  party.     31  L.R.A.  773. 

Title  to  property.     31  L.R.A.  774. 

Nonliability  in  general.     31  L.R.A.  774. 

§   52.  Obtained  by  fraud. 

Generally.     30  L.R.A.   562,   787. 

Judgment  for  purchase  money.  31  L.R.A. 
753. 

Fraud  affecting  original  cause  of  action.  31 
L.R.A.  756. 

For  fraud  arising  subsequently  to  rendi- 
tion of  judgment.     30  L.R.A.  562, 

Judgment  by  confession.     30  L.R.A.  213. 

By  agreement,     30  L,R,A,  787, 

By  concealment,     30  L.R,A,  791. 

In  matters  of  record.     30  L.R.A.  791. 

In  matters  of  party,     30  L,R,A,  792, 

In  acts  committed  at  the  trial,  30  L.R.A. 
792. 

By  collusion.     30  L.R.A,  792, 

For  fraud  in  service.     31  L.R.A,  205. 

In  garnishment  proceedings,     30  L,R.A,  362. 

§   53.  Obtained   by   perjury. 

Perjury  as  ground  for  relief  generally 
against  judgment,  see  Judgment,  §  96, 

Surprise  in  regard  to  perjury  as  ground  for 
injunction  against  judgment.  30  L.R.A. 
801. 


§  54.  On  account  of  accident,  sickness, 
or  death. 

Sickness,     30  L.R.A.  794. 

Death  of  attorney.     30  L,R,A.  796. 

Other  causes.     30  L,R.A,  796. 


§   55.  On  account  of  mistake. 

As  ground  for  injunction  against  judgment. 

30  L.R.A.  797. 
Against  judgment  for  purchase  money. 

31  L.R.A.  750. 
Loss  of  appeal  by  mistake  as  ground  for  in- 
junction against  judgment,     30  L.R.A. 
560. 


706 


INDEX  TO  L.R.A.  AOTES. 


INJUNCTION,  II.  k,  2— cont'd 

§   56.  On  account  of  surprise  or  duress. 

On  account  of  surprise.     30  L.R.A.  800. 
On  account  of  duress.     30  L.RJV.  802. 

§  5  7.  Negligence  as  a  cause  for,  and  as 
a  bar  to. 

As   a   cause   for    injunctions   against   judg- 
ments.    31   L.R.A.  33. 
As  a  bar  to  injunctions  against  judgments. 

31    L.R.A.   34. 
Effect  of  negligence  on  right  to  injunction 

against    judgment    by   confession.       30 

L.R.A.  242. 
Loss  of  appeal  by  negligence  as  ground  for 

injunction  against  judgment.  30  L.R.A. 

562. 
Negligence    as    bar    to    injunction    against 

judgment   against   sureties.     31   L.R.A. 

61. 
Loss  of  defenses,  by  reason  of  negligence  or 

unskilfulness  of  attorney,  as  ground  for 

enjoining    judgment.     9     L.R.A.  (N.S.) 

524. 

§   58.  Against  or  In  favor  of  sureties. 

Against   sureties.     31    L.R.A.    60. 
In   favor  of   sureties.     30   L.R.A.   567;    31 
L.R.A.  66. 

§  59.  Entered  on  confession. 

In  favor  of  creditors.     30  L.R.A.  235. 

For   irregularities.     30   L.R.A.   237. 

For  fraud.     30  L.R.A.  238. 

Judgments  against  public  policy.  30  L.R.A. 
239. 

Judgments  against  sureties.     30  L.R.A.  240. 

Judgments  against  corporations.  30  L.R.A. 
240. 

Judgments  against  partners.  30  L.R.A.  240. 

Judgments  against  executors  and  adminis- 
trators.    30  L.R.A.  241. 

Statute  of  limitations.     30  L.R.A.  241. 

Consideration  not  due.     30  L.R.A.  241. 

Valid  defense  must  be  shown.  30  L.R.A. 
242. 

Negligence.     30  L.R.A.  242. 

Remedy  at  law.     30  L.R.A.  242. 

Other  matters.     30  L.RJ^.  242. 


§   60.  In  garnishment  proceedings. 

Necessity   of    making    defense    at    law.     30 

L.R.A.  300. 
Injunctions  for  errors  and  irregularities.  30 

L.R.A.  361. 
Void  judgments.     30  L.R.A.  362. 
Fraud  and  mistake.     30  L.R.A.  362. 
Payment.     30  L.R.A.  363. 
Set-off.     30  L.R„\.  363. 
Injunctions  in  behalf  of  creditors.  30  L.R.A. 

363. 

I.  Against  officers  or  municipality  gen- 
erally; as  to  ordinances. 

§   61.  Generally. 

Against    nuisance    maintained    by    munici- 
pality, see  supra,  §  27. 

Against  state  officers  as  action  against  the 

state.     44  L.R.A. v N.S.)    189. 
Begin  tcith  this  hook  on  every  law  question. 


INJUNCTION,  II.  1— cont'd 

Injunction  against  acts  of  food  commission- 
er which  affect  sale  of  foods.  15  L.R.A. 
(N.S.)    331. 

Against  illegal  removal  of  state  capitol.  34 
L.R.A. (N.S.)   380. 

To  prevent  revocation  of  school-teacher's 
license.     15  L.R.A.  (N.S.)    1148. 

Power  of  courts  to  control  action  of  execu- 
tive ofiicers  by  writ  of  injunction.  52 
L.R.A. (N.S.)  433. 

Power  of  court  to  enjoin  illegal  acts  of  po- 
lice officers,  other  than  arrest.  2  L.R.A. 
(N.S.)    678,  683. 

Application  to  governing  body  of  munici- 
pality for  relief  as  condition  of  citi- 
zen's right  to  injunction  against  action 
by  municipality.     8   L.R.A. (N.S.)    574. 

Right  of  taxpayer  to  enjoin  removal  of 
teacher.     51  L.R.A.(N.S.)   336. 

§  61a.  By  taxpayer,  against  unlawful 
expenditures  by  municipality. 

Right  of  taxpayer,  in  absence  of  statute, 
to  enjoin  unlawful  expenditures  by 
municipality.     36    L.R.A, (N.S.)    1. 

§  61b.  By  citizen  or  taxpayer  against 
waste  or  unlawful  expenditure  of 
state  funds. 

Action  bv  citizens  or  taxpayers  sustained. 

L.R.A.1915D,  179. 
The  action  not  allowed.     L.R.A.1915D,  183. 
Unsettled  or  doubtful  jurisdictions.     L.R.A. 

1915D,  184. 

§   62.  As  to  ordinances. 

Power  to  enjoin  passage  of  municipal  ordi- 
nance. 13  L.R.A.  844;  2  L.R.A.(N.S.) 
152. 

Injunctions  against  prosecutions  under.  21 
L.R.A.  86. 

Injunction  by  private  person  to  restrain 
violation  of  municipal  ordinance.  5 
L.R.A.(N.S.)    493. 

in.  As  to  taxes. 

§   63.  Generally. 

To  restrain  the  collection  of   illegal  taxes. 

22  L.R.A.  699. 
Injunction  against  enforcement  of  tax  laws 

as  affected  by  other  remedies.    8  L.R^. 

(N.S.)    125. 
Injunction  to   prevent  collection  of  tax  on 

excessive  assessment.     16  L.R.A. (N.S.) 

807;  L.R.A.1916A,  972. 
Power   to  grant   mandatory   injunctions   as 

to  taxes.     20  L.R.A.  167. 

n.  As  to  streets,  railroads,  and  carriers. 


§   64.  As  to  streets. 

Railroads  in,  see  infra, 


§   67. 


Interference  with  view  of  premises  from 
street  as  special  damage  which  will 
sustain  injunction.  5  L.R.A.  (N.S.) 
486. 

As  proper  remedy  to  make  available  fran- 
chise in  street  or  highwav  as  against 
municipality.     6  L.R.A. (N.S.)   782. 


INDEX  TO  L.R.A.  NOTES. 


707 


INJUNCTION,  II.  n— cont'd 

Injunction  or  ejectment  as  the  proper  rem- 
edy where  public  liighway  is  illegally 
opened  over  private  property.  25 
L.R.A.(N.S.)   511. 

Interference  witli  one's  use  of  higliway  as  a 
special   damage   which   will  sustain   an  ! 
action   bv  him  against  the  wrongdoer. 
28    L.R.A.(N.S.)     1053;    L.R.A.1915D, 
142. 

Delay  in  applying  for  injunction  against 
maintaining  telephone  or  telegraph  line 
in  street  or  highway.  8  L.R.A.  (N.S.) 
1091. 

As  a  proper  remedy  to  protect  right  of  in- 
gress and  egress  from  street  to  abut- 
ting property.     35  L.R.A.(N.S.)   19.3. 

Power  to  grant  mandatory  injunctions  as 
to  highways,  roads,  and  passways.  20 
L.R.A.  162. 

§   65.  — nuisances  in. 

Injunction  by  municipal  corporation 
against  nuisances  on.     42  L.R.A.  814. 

Injunction  against  nuisance  maintained  by 
municipality  in  streets,  23  L.R.A. 
303. 

Abutter's  right  to  enjoin  railroad  in  street 
as  nuisance.  23  L.R.A.  303;  36  L.R.A. 
(N.S.)    812. 

Interference  with  right  of  ingress  and 
egress  from  street  as  special  damage 
entitling  abutting  owner  to  injunction. 
35  L.R.A.  (N.S.)   193. 

State  as  proper  party  to  maintain  bill  to 
abate  or  enjoin  a  public  nuisance  in  a 
city  street.     19  L.R.A.(N.S.)    1173. 

Special  damage  from  awning  or  structure 
overhanging  street  which  will  sustain 
action  by  private  person  to  enjoin  it  as 
a  nuisance.     48   L.R.A. (N.S.)    173. 

§  66.  Railroads  and  street  railways; 
carriers. 

Injunction  against,  as  nuisances,  in  suit  by 
municipality.     44  L.R.A.  565. 

Injunction  to  compel  a  carrier  to  transport 
freight.     L.R.A.1918C,  887. 

Remedy  by  injunction  for  unlawful  dis- 
crimination by  railroad  against  hack 
driver.     8  L.R.A. (N.S.)    1027. 

Power  to  grant  mandatory  injunctions  in 
respect  to  common  carriers,  commerce, 
and  railroads.     20  L.R.A.  166. 

§   67.  —In  street. 

Injunction  against  nuisance  as  to  railroads 
in  streets.     23  L.R.A.  303. 

Right  of  abutting  owners  to  enjoin  rail- 
road in  street  as  nuisance.  36  L.R.A. 
(N.S.)   812. 

Right  of  nonconsenting  abutting  owner  to 
injunction  against  use  of  highway  for 
street  railway  authorized  by  public. 
28  L.R.A. (N.S.)    1082. 

EflFect  of  abutting  owner's  consent  to  con- 
struction of  railroad  or  street  railway 
in  street  on  his  right  to  an  injunc- 
tion. -7  L.R.A. (N.S.)  991;  23  KR.A. 
(N.S.)    433. 

Consult  also  L.R.A,  Digests  of  Cases. 


INJUNCTION,  II.  n— cont'd 
§   68.  —as  to  ticl^ets. 

Against  dealing  in  nontransferable  railroad 
ticket.     10  L.R.A. (N.S.)   437. 


o.  Unfair  competition;  tradename ; 
trademark ;  patent ;  copyright ; 
trade  secrets. 

§   69.  Generally. 

Against  false  statement  as  to  plaintiff's 
property   or  business.      16  L.R.A.   243. 

Necessity  of  fraudulent  intent  to  justify 
injunction  against  unfair  competition. 
4  L.R.A.(N.S.)   960. 

Right  of  vendee  to  injunction  against  in- 
fringement of  trademark.  1  L.R.A. 
(N.S.)    720. 

Right  to  protection  against  use  by  rival  of 
similar  design,  shell,  or  pattern  not 
protected  by  patent.  19  L.R.A. (N.S.) 
269;   37  L.R.A. (N.S.)    259. 

Right  of  members  of  organization  to  pro- 
tection in  use  of  name  wliich  their  ef- 
forts have  made  valuable.  28  L.R.A. 
(N.S.)   458. 

Right  of  benevolent,  fraternal  or  social  or- 
der to  protection  against  use  of  name, 
insignia,  ritual,  etc.,  by  another  organ- 
ization.    L.R.A.1915B,'l074. 

Relief  against  the  infringement  of  trade- 
name not  used  in  connection  with  man- 
ufactured articles.  15  L.R.A.  (N.S.) 
625. 

Right  to  enjoin  in  different  locality  use  of 
similar  name  as  trademark  or 
name.     35  L.R.A. (N.S.)    254. 

Power  of  equity,  upon  enjoining  unfair 
competition  or  infringement  of  trade- 
mark, tradename,  patent,  or  copyright, 
to  require  defendant  to  pay  damages 
sustained  by  complainant  as  distin- 
guished from  profits  realized  by  de- 
fendant.    21  L.R.A.  (N.S.)   526. 

Right  of  noncompetitor  to  enjoin  one  from 
carrying  on  his  business  in  such  a  way 
as  to  induce  the  belief  that  it  is  car- 
ried on  by  the  plaintiff.  5  B.  R.  C. 
350. 

Protection  of  public  as  ground  for  injunc- 
tion against  misuse  of  trademark  or 
tradename.     L.R.A.1916D,  119. 

§  69a.  Doctrine  of  comparative  injury 
In  suit  to  enjoin  patent. 

Where  injunction  sought  to  restrain  other 
infringement  suits.     39  L.R.A. (N.S.)  1. 
Where    injunction    sought    to    restrain    in- 
fringement.    39  L.R.A.(N.S.)    3. 

§  70.  EflFect  of  fraud  or  deception  by 
one  asking  for  injunction. 

Effect  of  false  representations  extrinsic  to 

tradename   or   trademark,   on   right  to 

injunction    against    infringement.      IZ 

I  L.R.A.{N.S.)     1201;     23    L.R.A.(NS.) 

1151. 


708 


INDEX  TO  L.R.A.  NOTES. 


IN&UNCTION,  II.  o— cont'd 

§   71.  Copyright;   rights  of  author. 

Power  of  equity  on  enjoining  infringement 
of  copyright,  to  require  defendant  to 
pay  damages  sustained  by  complainant 
as  distinguished  from  profits  realized 
by  defendant.     21  L.R.A.(N.S.)    526. 

Rights  and  remedies  of  author  who  has 
parted  with  property  rights  in  work. 
3  L.R.A.(N.S.)    629. 

§   72.  Trade  secrets. 

To  protect  trade  secrets.  13  L.R.A.  652; 
12  L.R.A.(N.S.)  102;  20  L.R.A.(N.S.) 
933;  44  L.R.A.(N.S.)  1160. 

p.  Against    speech    or   publication. 

§   73.  Generally. 

Against  speech  or  publication.  32  L.R.A. 
831. 

Against  improper  publication  constituting 
punishable   contempt.      32   L.R.A.   273. 

Against  publishing  or  circulating  state- 
ments relative  to  industrial  disputes 
by  labor  union.     32  L.R.A.(N.S.)   1013. 

Injunction  against  publication  of  letters. 
37  L.R.A.  (N.S.)   944. 

Against  nonlibelous  publication  affecting 
personal  or  political  rights.  L.R.A. 
1917A,  163. 

q.  Miscellaneous. 

%    74.  Generally. 

To  protect  personal  right.  37  L.R.A.  783; 
1   L.R.A.  (N.S.)    1147. 

To  prevent  disturbance  of  religious  wor- 
ship.    L.R.A.1917D,  996. 

For  violation  of  legal  right.     6  L.R.A.  855. 

In  aid  of  attachment.     20  L.R.A.  446. 

Against  interfering  with  public  agency. 
15  L.R.A.  64. 

Against  bringing  intoxicating  liquor  into 
prohibition  district.  35  L.R.A.(N.S.) 
879. 

Right  of  property  owner  to  injunction 
against  maintenance  of  electric  light 
plant  in  vicinity  of  his  property.  27 
L.R.A.{N.S.)   237. 

Right  of  benevolent,  fraternal  or  social  or- 
der to  protection  against  use  of  name, 
insignia,  ritual,  etc.,  by  another  organ- 
ization.   L.R.A.1915B,  1074. 

Rights  of  public  service  corporation  to  en- 
join rival  on  ground  that  it  is  operat- 
ing without  right  or  in  excess  of  pow- 
ers.    L.R.A.1916B,  1087. 

Constitutionality  of  statute  restricting  rem- 
edy by  injunction  in  labor  disputes. 
L.R.A.1916F,  836. 

g  75.  Cemetery;  burial;  removal  of 
remains. 

Injunctive  relief  as  to  cemetery  property, 
burials,  or  removal  of  remains.     3 
L.R.A. (N.S.)    482. 
Injunction    against    nuisance    as    to    ceme- 
teries, maintained  by  municipality.     23 
L.R.A.  303. 
Injunctions    by    municipality    against.      41 

L.R.A.  323. 
Begin  with  this  booJc  on  every  law  question. 


INJUNCTION,  II.  q— cont'd 

§   7  6.  As  to  fences  and  gates. 

Injunction  to  compel  or  prevent  the  erec- 
tion, maintenance,  or  removal  of 
fences  or  gates.  7  L.R.A.  (N.S.) 
49,  72. 

Against  fences  in  highway.    42  L.R.A.  822. 

§   7  7.  — spite  fences. 

Against  spite  fence.  40  L.R.A.  177;  62 
L.R.A.  683;  25  L.R.A. (N.S.)  831;  52 
L.R.A.(N.S.)  736. 


As 

As 


III.  Mandatory  and  temporary  injunc- 
tions. 

§    78.  Mandatory  injunctions. 

Necessity  of  hearing  before  granting  pre- 
liminary mandatory  injunction.  9 
L.R.A.(N.S.)    1225. 

As  proper  remedy  to  make  available,  fran- 
chise in  street  or  highway  as  against 
municipality.     6  L.R.A. (N.S.)    782. 

Suspension  of  pending  appeal.  38  L.R.A. 
(N.S.)    439. 

Disobedience  of  void  mandatory  injunction 
as  a  contempt.     16  L.R.A. (N.S.)    1064. 

Right  to  mandatory  injunction  to  restore 
status  existing  prior  to  violation  of 
prohibitory  injunction.  47  L.R.A 
(N.S.)    1155. 

§    7  9.  — power  to  grant. 

In  regard  to  obstruction  of  lights.  20 
L.R.A.   161. 

As  to  use  of  property.    20  L.R.A.  161. 

As  to  roads,  highways,  and  passways.  20 
L.R.A.  162. 

to    mandatory    injunctions    relating    to 
milldams.     20   L.R.A.    163, 
to    obstruction    or    diversion    of    water 
courses    in  other   matters.     20   L.R.A. 
164. 

As  to  other  kinds  of  nuisances.  20  L.R.A. 
165. 

Mandatory  injunctions  as  applied  to  com- 
mon carriers,  commerce,  and  railroads. 
20   L.R.A.   166. 

As  to  taxes.     20  L.R.A.  167. 

As  to  offices.     20  L.R.A.   167. 

As   to  churches.     20  L.R.A.   167. 

As  to  specific  performance  of  contracts.  20 
L.R.A.   167. 

As  to  possession  of  property.  20  L.R.A. 
169. 

To  compel  removal  of  structure  which  en- 
croaches on  adjoining  property.  36 
L.R.A. (N.S.)  402. 

To  compel  or  prevent  erection  or  removal 
of  fences  or  gates.     7  L.R.A. (N.S.)   49. 

Right  to  enforcement  of  restrictive  cove- 
nant as  affected  by  change  in  neighbor- 
hood.    28  L.R.A. (N.S.)    706. 

§   80.  Temporary  injunction. 

Violation  of,  as  contempt  of  court,  see  Con- 
tempt, §  8a. 

Necessity   of    hearing   before    granting.      9 

L.R.A.(N.S.)    1225. 
Against  obstructing  waters  of  stream.     59 

L.R.A.    885. 


INDEX  TO  L.R.A.  NOTES. 


709 


INJUNCTION,  III.— cont'd 
Right     to    temporary     injunction     against 
transfer  by  husband  in  fraud  of  wife's 
support.      18    L.R.A.(N.S.)     1156. 
Doctrine   of   comparative   injury   on   appli- 
cation     for      preliminary      injunction 
against  nuisance.   31  L.R.A.  (N.S.)  881; 
L.R.A.1916C,  1269. 
Doctrine  of  comparative  injury  on  applica- 
tion for  preliminary  injunction  against 
infringement    of     patent.       39     L.R.A. 
(N.S.)    3. 
Right     to     preliminary     injunction     which 
would   have   effect   of   transferring 
possession  of  property  from  defend- 
ant to  plaintiff.     39  L.R.A.(N.S.) 
31. 

IV.  Jurisdictional  amounts 

Q   81.  Generally. 

Amount  in  dispute  in  case  of  injunction 
against  enforcement  of  liens  or 
claims  against  specific  property. 
61  L.R.A.  781. 

T'.  Procedure ;  bond;  decree* 

a.  In  general, 

§   82.  Generally. 

Suflaciency  of  pleading,  see  Pleading,  §  34. 

When  may  local  venue  be  disregarded  in 
case  of  suit  for  injunction  as  ancil- 
lary to  another  suit  or  proceedings. 
L.R.A.1916D,  1135. 

Necessity  of  hearing  before  granting  pre- 
liminary mandatory  injunction.  9 
L.R.A.  (N.S.)    1225. 

Removal  of  injunction  proceeding  because 
of  separable  controversy.  5  L.RA.. 
(N.S.)  98. 

Joinder  of  parties  in  suit  to  restrain  pollu- 
tion of  water  course.  6  L.R.A. (N.S.) 
1149. 

Right  of  tenant  who  maintains  his  posses- 
sion by  means  of  wrongful  injunction, 
to  crops  grown  on  the  leasehold.  12 
L.R.A.(N.S.)   194. 

§   82a.  Parties. 

Joinder  of  tort  feasors  in  suit  to  restrain 

their  wrongful  acts.     40  L.R.A.(N.S.) 

110. 
Judgment   creditor   as    necessary   party   to 

suit  to  enjoin  execution  sale.     L.R.A. 

1915F,  1120. 

§  83.  Effect  of  appeal. 

To  modifv  or  suspend  injunction.     1  L.R.A. 

(X.S'.)  555. 
Suspension   of,   pending  appeal.     38  L.R.A. 

(N.S.)  436. 
On  jurisdiction  of  trial  court  to  punish  its 

violation      as     contempt.      14      L.R.A. 

(N.S.)  1150;  L.R.A.1918F,  794. 

§   84,  Damages  for  suing  out. 

Recovery  on  bond  of  attorneys'  fees  in- 
curred in  procuring  dissolution,  see 
infra,  §  87. 

Consult  also  L.B.A.  Digests  of  Cases. 


\  INJUNCTION,  V.  a^-cont'd 
Measure  of  damages  in  injunction  cases,  see 
Damages,  §  94. 

Right  to  recover  damages  caused  by  an  in- 
junction.    18   L.R.A.  275. 
Right,  independently  of  bond,  to  recover  for 
damages     caused     by     injunction. 
L.R.A.1916E,  1282. 
Loss  of  profits  as  element  of  damages  for 

wrongful  injunction.     52  L.R.A.  58. 
Liability   of  municipality  for  wrongful   in- 
junction  proceedings   instituted   by   its 
officers.      32    L.R.A. (N.S.)    34. 

b.  Bond, 

§   85.  Generally. 

Effect  of  insertion  of  unauthorized  provi- 
sions in.    L.R.A.1917B,  990. 

Form  of  judgment  on  injunction  bond.  62 
L.R.A.  446.  • 

Relief  from  judgment  against  sureties  on 
bond.     31  L.R.A.  66. 

Liability  of  injunction  bond  for  acts  of 
third  persons.     34  L.R.A. (N.S.)   951. 

Effect  upon  surety  on  injunction  bond  of 
judgment  against  principal.  40  L.R.A. 
(N.S.)   742;  L.R.A.1918E,  820. 

Liability  of  sureties  on  injunction  bond 
where  judgment  is  in  favor  of  one  prin- 
cipal and  against  another.  51  L.R.A. 
(N.S.)   661. 

Presumption  as  to  time  of  alteration  in  in- 
junction bond.     39  L.R.A.  (N.S.)   114. 

§  86.  Extent  of  recovery  on. 

Penalty  as  limit  of  liability  on  bond.     55 

L.R.A.  389. 
Right  to  interest  on  injunction  bond.     28 

L.R.A.(N.S.)   14,  82. 

§  8  7.  —of  attorneys'  fees  necessarily 
expended  in  dissolving  the  injunc- 
tion. 

The     conflict    in     the    courts.     16     L.R.A. 

(N.S.)   50;  33  L.R.A. (N.S.)   844. 
The  necessity  and  value  of  the  services.     16 

L.R.A.(N.S.)    61. 
Preliminary    work.     16    L.R.A.(N.S.)     62; 

33  L.R.A.(N.S.)   845. 
Restriction    to    services     relating     to     dis- 
solution    of     injunction.       16     L.R.A. 

(N.S.)   64;  33  L.R.A. (N.S.)   846. 
Unsuccessful  efforts  to  dissolve.     16  L.R.A. 

(N.S.)   65. 
Defense    on    the    merits.     16    L.R.A. (N.S.) 

66. 
General     services     in     action.     16     L.R.A. 
(N.S.)  69. 

The     rule     in     Kentucky.     16    L.R.A. 
(N.S.)   72;  33  L.R.A.(N.S.)   847. 
Particular     kinds     of     service.     16    L.R.A. 

(N.S.)    73. 
In  suits  in  equity.     16  L.R.A.  (N.S.)    74.    i 
Service    by    salaried    officials,  pro    se,    and 

gratuitous.     16    L.R.A. (NJS.)    75;     33 

L.R.A.(N.S.)   847. 
Counsel    fees   as   only   damage.     16    L.R.A. 

(N.S.)  75. 


»*rtd 


INDEX  TO  L.R.A.  NOTES. 


INJUNCTION,  V.  b— cont'd 

Necessity    of    actual    payment.     16    L.R.A. 

(N.S.)    76. 
Malice.     16  L.R.A. (N.S.)    76. 
Final    decree    as    prerequisite.     33    L.R.A. 

(N.S.)    848. 

c.  Dissolution  and  decree. 

§   88.  Dissolntion. 

Recovery  on  bond  of  attorneys'  fees  expend- 
ed in  dissolution,  see  supra,  §  87. 

§  89.  Decree;  relief  granted. 

Nature  of  proceeding  for  violation  of,  as 
civil  or   criminal,  see  •  Coxtempt,   §   2. 

Extent  and  form  of  relief  in  action  for  in- 

'  ^  junction  to  compel  or  prevent  erection, 
maintenance,  or  removal  of  fences  or 
gates.,  7  L.R.A. (N.S.)   70,  85. 

Damages  m  lieu  of  injunction.  20  L.R.A. 
752. 

Power  of  equity  on  enjoining  unfair  compe- 
tition or  infringement  of  trademark, 
tradename,  patent,  or  copyright,  to  re- 
quire defendant  to  pay  damages  sus-' 
tained  by  complainant  as  distinguished 
from  profits  realized  by  defendant.  21 
L.R.A.(N.S.)   526. 

Final  decree  as  prerequisite  to  recovery  on 
bond  of  attorneys'  fees  incurred  in 
procuring  dissolution.  33  L.R.A. 
(N.S.)    848. 

§  90.  Effect  and  conclusiveness  of  de- 
cree. 

Conclusiveness  of  prior  decisions  on  appeal 
as  to.     34  L.R.A.  340. 

Decree  in  taxpayer's  suit  restraining  dis- 
trict from  performing  contract  as 
binding  on  contractor.  37  L.R.A. 
(N.S.)    383. 

EflFect  of  decree  enjoining  use  of  real  prop- 
erty in  a  certain  manner  upon  right  of 
subsequent  occupants.  13  L.R.A. 
(N.S.)   462. 

Effect  of  injunction  against  legal  proceed- 
ings on  running  of  statute  of  limita- 
tions. 3  L.R.A.(N.S.)  1187;  23  L.R.A. 
(N.S.)   673;  L.R.A.1918F,  688. 

Effect  of  injunction  against  doing  of  an 
act  as  a  defense  to  a  criminal  prosecu- 
tion.    L.R.A.1916B,  767. 


INJURY. 

Personal  injury,  see  Personal  Injuries. 


INLAND  WATERS. 


Jurisdiction  over,  see  Waters,  §  7. 

Duty  and  obligation  of  vessel  on,  in  respect 
to  sick  or  injured  member  of  crew.  35 
L.R.A.(N.S.)   199. 

Beffin  ivith  this  booh  on  every  law  question. 


INNKEEPERS. 

7.  In  general,  §§  1,  2. 
II.  What  are  inns  or  hotels,  §  3. 

III.  Who  are  guests    §§  4,  5. 

IV.  Duty    and    liability    of    innkeeper, 

§§   6-12. 
V.  Protection     of     innkeeper;     lienSy 

§§     13,    14:. 


1.   In  general. 

§    1.  Generally. 

Board  generally,  see  Board,  §  1. 

As  to  restaurants,  see  Restaurants. 

Insurance  against  loss  of  profits  bv  hotel 
keeper.    L.R.A.1917C,  727. 

Compulsory  service  by.     15  L.R.A.  321. 

Constitutional  right  to  equal  accommoda- 
tion.    14  L.R.A.  579. 

Hotel  or  lodging  house  as  violation  of  re- 
strictive covenant.  41  L.R.A.  (N.S.) 
625. 

Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  business  of,  as  af- 
fected by  territorial  scope.  24  L.R.A. 
(N.S.)  930. 

Serving  game  or  fish  with  meal  as  violation 
of  game  law.     L.R.A.1917F,  769. 

Serving  liquor  with  meals  by  proprietor  of 
hotel  or  restaurant  as  a  sale  thereof. 
25  L.R.A.(N.S.)  943;  52  L.R.A. (N.S.) 
722. 

Right  of  innkeeper  to  transfer  guest.  9 
L.R.A. (N.S.)   213. 

Character  of  occupancy  of  employees.  4 
L.R.A. (N.S.)    702,  718. 

§  2.  License  of;  unlicensed  innkeepers. 

Power  to  require  license  to  keep  inn.  L.R.A. 
1915B,  1097. 

Proprietor  of  hotel  conducted  on  European 
plan  as  keeper  of  a  restaurant  within 
license  statute  or  ordinance.  17  L.R.A. 
(N.S.)    566. 

Validity  of  contract  of  unlicensed  inn- 
keeper.    12  L.R.A.  (N.S.)    617. 

Effect  of  failure  to  procure  license  on  right 
to  recover  for  board.  1  L.R.A.  (N.S.) 
1159. 

II.  What  are  inns  or  hotels. 

§   3.  Generally. 

Sleeping-car  companies  as.     21  L.R.A.  289; 

L.R.A.1915B,  621. 
Furnishing   food   to  guests   as   an   essential 

characteristic    of    a    hotel  or   inn.     17 

L.R.A.  (N.S.)    1259. 
What  constitutes  within  liquor  license  law. 

20  L.R.A. (N.S.)    107. 
What  constitutes,  within  meaning  of  Civil 

Rights   Statutes.     L.R.A.1918F,   830. 
Proprietor  of  hotel  conducted  on  European 

plan    as    keeper    of    restaurant    within 

license,     statute,     or     ordinance.       17 

L.R.A. (N.S.)    566. 


INDEX  TO  L.R.A.  NOTES. 


711 


INNKEEPERS— cont'd 

III.  Who  are  guests. 

§   4.  Generally. 

Payment  of  board  by  Meek  as  affecting  re- 
lation between  proprietor  of  hottj  and 
one  wlio  makes  no  arrangement  as  to 
time  of  stay.  14  L.R.A.  (N.S.)  476; 
42  L.R.A.(N.S.)    122. 

Payment  of  expenses  by  third  person  as 
affecting  existence  of  relation  of  inn- 
keeper and  guest.    4  B.  R.  C.  430. 

§   5.  Initiation  of  relation. 

When  is  the  relation  of  innkeeper  and  guest 
initiated.     34  L.R.A. (N.S.)    420. 

What  acts,  with  respect  to  baggage  of  an 
intending  guest,  will  initiate  the  re- 
lation of  innkeeper  and  guest  so  as  to 
create  liability  for  its  loss  or  injury. 
23  L.R.A.(N.S.)  1107;  39  L.R.A. 
(N.S.)    1085. 

lY.  Duty  and  liability  of  innkeeper. 

§   6.  Generally. 

Refusal  to  accept  or  serve  one  as  a  guest. 

52  L.R.A. (N.S.)   740. 
Duty  of  innkeeper  with  respect    to    opera- 
tion of  elevator.     16  L.R.A. (N.S.)   290. 

§   7.  liiabllity  for  loss  of  property. 

Liability  of  innkeeper  for  loss  of  goods  from 

check   room.     L.R.A.1918C,   674. 
Duty  and  liability  of  boarding-house  keeper 
or  innkeeper  with  respect  to  prop- 
erty   of    boarder    as    distinguished 
from  guest.    45  L.R.A. (N.S.)  31. 
Liability    of    innkeeper    or    boarding-house 
keeper  for  theft  from  boarder.    3  B.  R. 
C.  310. 
Presumption    of    negligence     of     innkeeper 
from  injury  to  property  of  guest.     20 
L.R.A.(N.S.)   1027. 

§   8.  —  for  what  property  responsible. 

Effect  of  statute  limiting  innkeeper's  lia- 
bility for  goods  not  delivered  into  his 
custody.     51    L.R.A.(N.S.)    1168. 

Liability  of  innkeeper  for  loss  of  baggage  or 
effects  of  one  making  free  use  of  inn. 
L.R.A.1916E,  535. 

Liability  for  effects  left  by  departing  guest 
who  intends  to  return.  L.R.A.1917F, 
839. 

Liability  for  loss  or  destruction  of  com- 
mercial traveler's  samples.  35  L.R.A. 
(N.S.)    350.  _   . 

Effect  of  statute  limiting  innkeeper's  lia- 
bility for  goods  not  delivered  into  his 
custody.     22   L.R.A. (N.S.)    577. 

Duty  of  innkeeper  as  to  effects  of  one  who 
has  left  without  intention  of  returning 
as  guest.  28  L.R.A.(N.S.)  495;  L.R.A. 
1916F,  235. 

Effects  left  by  departing  guest  who  intends 
to  return.     L.R.A.1917F,  839. 

§  9.  —  contributory  negligence  of 
guest. 

Effect  of  guest's  noncompliance  with  regu- 
lations.    6   L.R.A.  486. 
Consult  also  L.B.A.  Digests  of  Cases. 


INNKEEPERS,  IV.— cont'd 
§    10.  For  injuries  to  persons  or  sensi- 
bilities of  guests. 

Injury  by  elevator,  see  Elevators,  §  5. 
Liability  of   landlord   for   injury  to  guests 

of  tenant,  see  Landlord  and  Tenant, 

§  72. 

Liability  for  ejecting    guests.      42    L.R.A. 

(N.S.)    830. 
Liability  for  personal  injury  to  guest  from 
condition     of     inn     premises.       43 
L.R.A.(N.S.)   657. 
Liability  for  injviry  caused  by  lack  or  in- 
sufficiency  of   fire   escapes.     15    L.R.A. 

160;    10*L.R.A.(N.S.)    177:    21    L.R.A. 

(N.S.)      178;     39     L.R.A.(N.S.)      744; 

L.R.A.1917C,  1153. 
Liability  for  serving  unfit  food.     40  L.R.A. 

(N.S.)    480;   L.R.A.1915B,  483. 
Presumption     of     negligence    of    innkeeper 

from     injury     to      guest.      20      L.R.A. 

(N.S.)    1027. 

§   11.  — by  servant. 

Liability  for  injury  to  guest  by  servant. 
69  L.R.A.  642. 

Liability,  at  common  law,  of  a  saloonkeeper 
for  personal  injury  to  patron.  4 
L.R.A.(N.S.)   649. 

Liability  for  assault  by  servant  upon  a  pa- 
tron. 12  L.R.A.(N.S.)  1155;  L.R.A. 
1918E,   708. 

Liability  for  malicious  acts  of  servant 
towards  guest.     4  L.R.A.  (N.S.)   485. 

§   12.  Duty  as  to  shelter  and  entertain- 

Jiient  of  traveler. 
ral  rules.     2  B.  R.  C.  684. 
Limitations    and    exceptions.     2    B.    R.    C. 


V.  Protection  of  innkeeper;   liens. 

§   13.  Generally. 

Power  of  legislature  to  enact  prima  facie 
rule  of  evidence  as  to  intent  to  defraud 
innkeeper.     L.R.A.1915C,  733. 

Constitutionality  of  statute  providing  for 
imprisonment  for  beating  board  bill. 
21  L.R.A.(N.S.)  259;  L.R.A.1915B,  649. 

§14.  Liien. 

Generally.     21  L.R.A.  229. 

Who  is  a  boarding  house  keeper  witliin  stat- 
ute giving  lien.     L.R.A.1918D,  402. 

Distinction  between  guest  and  boarder.  21 
L.R.A.  229. 

What  property  subject.     21  L.R.A.  229. 

Property  of  third  persons.  21  L.R.A.  230; 
24  L.R.A.(N.S.)   958. 

Property  purcliased  by  guest  under  condi- 
tional sale.    L.R.A.1915D,  1143. 

Master's  goods  in  possession  of  servant.  21 
L.R.A.  230. 

Where  several  are  in  one  company.  21 
L.R.A.  230. 

How  relation  of  guest  effected.  21  L.R.A. 
231. 

Waiver  of  lien.     21  L.R.A.  231. 

Enforcement  of  lien.     21  L.R.A.  231. 


712 


INDEX  TO  L.R.A.  NOTES. 


INNOCENCE. 

Presumption  of,  see  Evidence,  §  55. 

Conclusiveness  in  civil  action  of  judgment 
in  criminal  action  to  show  innocence, 
n  L.R.A.{N,S.)    657. 

Innocence  of  one  arrested  as  aflfecting  right 
to  arrest  without  a  warrant  under  a 
statute  authorizing  such  an  arrest 
when  the  offender  shall  be  taken  or  ap- 
prehended in  the  act.  34  L.R.A.(N.S.) 
1182. 


INNUENDO. 


Effect  of  innuendo  on  defense  of  truth  to 
civil  action  for  libel  or  slander.  31 
L.R.A.(N.S.)  140;  50  L.R.A.(N.S.) 
1040. 


INOPERATIVE  INSURANCE. 

Effect  of,  on  other  insurance,    see    Insub- 
ANCE,  §  100. 


IN  PARI  DELICTO. 


Doctiine  of,  see  Conteacts,  §  113. 


INQUEST. 


By  coroners,  see  Coroners. 
In    lunacy    proceedings,    see    Incompetent 
Persons,  §§  5-7. 


INQUIRY. 


Necessity  of,  to  raise  presumption  of  death 
from  seven  years'  absence.  2  L.R.A. 
(N.S.)    809;   28  L.R.A. (N.S.)    178. 


INSANE  ASYLUM. 


As  a  nuisance.    40  L.R.A.  (N.S.)  647. 
Erection  of,  as  violation  of  restrictive  cove-' 

nant  in  deed.     41  L.R.A. (N.S.)    617. 
Exemption  of,  from  suit,  as  agency  of  state. 

35  L.R.A. (N.S.)   243. 
Power  to  make  estate  of  person  committed 

to,   or  his  relatives  liable  for  cost  of 

his     maintenance    therein.     24     L.R.A. 

(N.S.)    295. 
Validity   of   decree  of   divorce  obtained   on 

publication    or    service    out    of    state 

where  defendant   was    confined  in.     19 

L.R.A.  816,  821. 
Privilege  of  records  of  insane  asylum.     51 

L.R.A.(N.S.)    22. 
Begin  \citli  this  booTc  on  every  lofw  question. 


j  INSANE   DELUSIONS. 

Af    affecting    criminal     responsibility,    see 

Criminal  Law,  §§  8,  9. 
What  are,  see  Incompetent  Persons,  §  3.' 

As    proof    of    incapacity    of    testator.     27 
L.R.A.  (N.S.)   62;  L.R.A.1915A,  458. 


INSANE  PERSONS. 

See  Incompetent  Persons;  Wills,  §§  9-15. 


INSANITY. 

In  general,  see  Incompetent  Persons. 

As  included  in  the  word  "sickness"  as  used 
in  policy  providing  for  payment  of  sick 
benefits.     L.R.A.1918B,  643. 


INSECURITY  CLAUSE. 

Effect  of,  in  chattel  mortgage,  see  Chattel 
Mortgage,  §  26. 


INSIGNIA. 


Right  of  benevolent,  fraternal  or  social  or- 
der to  protection  against  use  of,  by 
another  organization.  L.R.A.1915B, 
1074. 


INSOLVENCY. 


/.  In  general,  §§  1,  2. 
II.  Preferences,  §  3. 

III.  Assets,  §  4. 

IV.  Claims  against  estate,  §§  5-8. 

a.  In  general,   §  5.  '' 

I).  Priorities,  §§  6-S. 
V.  Effect,  §§  9-15. 
VI.  Discharge  and  its  effect,  §16. 

I.  In  general. 

§   1.  Generally. 

Assignment  for  benefit  of  creditors,  see  As- 
signment FOR  Creditors. 

Bankruptcy,  see  Bankruptcy. 

Set-off  by  or  against  estate  of  bankrupt, 
see  BATfKRUPTCY,  §§  26-30. 

Set-off  by  or  against  insolvent  bank,  see 
Banks,  §  42. 

Relation  of  bankrupt  law  to  assignments 
and  insolvency  proceedings  under  state 
laws,  see  Bankruptcy,  §  9. 

Composition  with  creditors,  see  Composi- 
tion with  Creditors. 

Transfer  of  insurance  policy  in  case  of, 
see  Insurance,  §§  1,  2,  *3. 

Charge  of  insolvency  as  libel  or  slander, 
see  Libel  and  Slander,  §§  16,  17,  26. 

As  to  receivers,  see  Receivers. 


INDEX  TO  L.R.A.  NOTES. 


713 


INSOLVENCY,  I.— cont'd 

Set-off  in  case  of,  see  Set-Off,  §§  12,  16-21, 

Insolvency    of    corporation,    generally,    see 

COBPORATIOXS,  §§   134-137. 
Insolvency  of  bank,  see  Banks,  §§  39-42. 
Of  building  and  loan  association,  see  BuiLD- 

ixG  AND  Loan  Associations. 
Of  corporation  generally,  see  Corporations, 

X. 
Of  insurance  companv,  see   Insurance,   §§ 

9,  10. 
Of  partnership,  see  Partnership,  §§  15-17. 
Receivers  for  insolvent,  see  Receivers. 

Eight  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  739. 

Buyer's  concealment  of  insolvency  as  a 
fraud  on  seller.     14  L.R.A.  264. 

Title  secured  by  insolvent  purchasing  goods 
with  knowledge  that  he  cannot  pay  for 
them.    44  L.R.A.(N.S.)   16. 

Dower  in  land  subject  to  purchase  money 
mortgage  sold  in  insolvency  proceedings 
against  husband.     52  L.R.A.  (N.S.)  549. 

Duty  of  one  taking  note  to  communicate 
the  fact  of  principal's  insolvency  to 
one  assuming  the  obligation  of  surety. 
14  L.R.A.  (N.S.)   377. 

Right  of  grantee  in  possession  to  question 
grantor's  right  to  collect  purchase 
money  in  action  of.  21  L.R.A. (N.S.) 
395. 

Appointment  of  insolvent  debtor  as  ex- 
ecutor or  administrator  as  discharging 
debt  or  charging  his  sureties.  26 
L.R.A.  (N.S.)    417. 

Necessity  of  following  insolvent's  estate  for 
pro' rata  to  hold  indorser  of  note.  18 
L.R.A. (N.S.)   539. 

Withdrawal  from  insolvent  loan  associa- 
tion. 35  L.R.A.  298;  49  L.R.A. (N.S.) 
1142. 

First  and  last  davs  in  computing  time  for 
matters  in.     49  L.R.A,  240. 

Pendency  of  action  in  both  state  and  Feder- 
al courts.     42  L.R.A.  460. 

Notice  of  vendor's  insolvency  sufficient  to 
put  purchaser  on  inquiry  as  to  vendor's 
fraudulent  intent.     32  L.R.A.  49. 

Insolvency  proceedings  as  violation  of  cove- 
nant in  lease  aarainst  assignment  or 
sale.     14   L.R.A. (N.S.)    1201. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  state  stat- 
utes as  to.     40  L.R.A.  (N.S.)  431. 

§  2.  Recovering  back  payments  made 
in  ignorance  of. 

Right  of  bank  to  recover  amount  paid  on 
check  in  ignorance  of  insolvency  of 
drawer  who  was  indebted  to  it.  33: 
L.R.A.  (N.S.)    963. 

Right  of  executor  or  administrator  to  re- 
cover back  from  creditor  excessive  pay- 
ments made  under  mistaken  belief  that 
estate  was  solvent.  28  L.R.A.  (N.S.) 
440. 

//.  Preferences, 

%   3.  Generally. 

In    assignment    for    creditors,  see  Assign- 
ment OF  CREajITOBS,    §§    15,   16. 
Coiisttlt  also  L.R.A.  Digests  of  Cases. 


INSOLVENCY,  II.— cont'd 

Preferences  by  bankrupt,  see  Bankbttptcy, 

§§  13-17. 
By  insolvent  bank,  see  Banks,  §  40. 
By     insolvent    corporations    generally,    see 

Corporations.  §  137. 
As  between  creditors  of  partnership  and  of 

individual    partners,  see  Partnership, 

§  17. 

Application  of  firm  property  to  payment  of 
debts  of  individual  partner.  29  L.K.A. 
685. 

Preference  by  judgment.  6  L.R.A.  765;* 
12  L.R.A.  810;*  22  L.R.A.  808. 

Effect  of  contemporaneous  agreement  to 
give  the  debtor  employment',  or  retain 
him  in  a  position,  to  render  an  at- 
tempted preference  invalid  as  to  other 
creditors.     17    L.R.A. (N.S.)     310. 

Law  governing  discrimination  between  resi- 
dents and  nonresidents.  65  L.R.A. 
368. 

Composition  with  creditors:  preference  cre- 
ated by  act  or  undertaking  of  third 
party.     2  B.  R.  C.  460. 

Liability  of  creditor  obtaining  a  fraudu- 
lent preference  in  composition  with 
creditors.     27  L.R.A.  39. 

Effect,  under  bankruptcy  and  insolvency 
laws,  of  creditors'  participation  in 
fraudulent  intent  of  debtor  in  making 
transfer  by  way  of  preference.  31 
L.R.A.  647. 

Participation  by  preferred  creditor  in 
debtor's   fraud.     36    L.R.A.    360. 

Securing  preference  as  participation  in 
debtor's  fraudulent  intent.  31  L.R.A. 
615. 

III.  Assets. 

Assets  of  bankrupt,  see  Banbcbxjptcy,  §§  18- 
22. 

§  4.  What  are. 

Of  bankrupt  estate,  see  Bankruptcy,  §§  19, 
20. 

Liquor  license  as  asset.  4  L.R.A. (N.S.) 
626. 

Life  insurance  as  assets  of  insolvent.  50 
L.R.A.  33;  26  L.R.A.(N.S.)  461;  30 
L.R.A. (N.S.)    990. 

Rights  of  creditors  of  insured  in  endow- 
ment or  tontine  insurance.  4  L.R.A. 
(N.S.)  456. 

Does  right  of  action  for  personal  injuries 
pass  to  assignee  in  insolvency.  44 
L.R.A.  180;   12  L.R.A.(N.S.)    1173. 

Right  of  receiver  of  insurance  company  to 
fund  deposited  with  state  official  to 
secure  performance  of  contract.  46 
L.R.A.(N.S.)    187. 

May  one  be  a  "purchaser"  for  a  valuable 
consideration  where  nothing  capable  of 
money  measurement  is  given.  4  B.  R. 
C.  782. 

Property  covered  by  power  of  appointment 
as  assets  of  donee's  estate.  L.R.A. 
1918D,  346. 


714 


INDEX  TO  L.R.A.  NOTES. 


INSOLVENCY— cont'd 

IV.  Claims  against  estate, 

a.  In  general. 

§  5.  Generally. 

Against    bankrupt  estate,  see  Bankbuptcy, 

§§  24-31. 
Set-off  in   case  of   insolvency,   see   Set-Off 

AND  Counterclaim,  §§  12,  16-21. 

Liability  of  insolvent  estate  for  funeral  ex- 
penses.    33  L.R.A.  669. 

Effect  of  failure  to  present  claim  against 
estate  of  insolvent  principal  to  release 
surety.     25  L.R.A.  (N.S.)    141. 

Liability  of  administrator  and  his  sureties 
for  debt  owing  by  former  to  estate  of 
his  intestate  where  administrator  is 
hopelessly  insolvent.     61  L.R.A.  313. 

Right  to  have  trust  property  wrongfully 
pledged  by  a  trustee  for  his  individual 
benefit  redeemed  by  money  belonging 
to  his  insolvent  estate.  6  L.R.A. 
(N.S.)  487. 

Claim  in  insolvency,  as  remedy  for  breach 
of  agreement  to  assume  debts  on  dis- 
solution of  partnership.  9  L.R.A. 
(N.S.)   ]]4. 

Treatment  of  collateral  held  by  creditor  of 
insolvent.     L.R.A.1918B,   1024. 

b.  Priorities. 

§   6.  Generally. 

In  assignment  for  creditors,  see  Assign- 
ment FOR  Creditors,  §  17. 

Priority  of  rights  against  bankrupt  estate, 
see  Bankbuficy,  §  12. 

Trust  in  proceeds  of  insolvent  bank,  see 
Banks,  §  41. 

Following  trust  funds,  see  Banks,  §  41; 
Trusts,  §  37. 

Of  claims  of  laborers.     18  L.R.A.  305. 

Prioritv  of  claims  for  taxes.  29  L.R.A. 
249,  278. 

Right  of  customer  who  has  advanced  pur- 
chase money  to  broker  or  factor  to 
preference  in  case  of  insolvency  prior 
to  the  making  of  a  purchase.  42 
L.R.A.(N.S.)    95. 

§   7.  Of  claim  of  United  States. 

Upon  what  based.     29  L.R.A.  227 ;  1  L.R.A. 

(X.S.)   255. 
Constitutionality     of     provisions     for.     29 

L.R.A.  228. 
Superiority    over    state    laws.      29    L.R.A. 

228. 
Construction  and  scope  of.     29  L.R.A.  228. 
When  and  to  what  it  attaches.     29  L.R.A. 

234. 
Nature  and  extent.     29  L.R.A.  236. 
Marshaling  assets.       29  L.R.A.  238. 
Liability  of  assignee  or  representative.     29 

L.R.A.  239. 
Subrogation  of   sureties.     29  L.R.A.  240. 
What  amounts  to  a  devestiture  of  the  right. 

29  L.R.A.  241. 
How  asserted.     29  L.R.A.  242. 


Begin  with  this  hook  on  every  law  question. 


INSOLVENCY,  IV.  b— cont'd 

Common-law  priority  of  United  States  in 
payment  from  assets  of  debtor.  46 
L.R.A.  (N.S.)   260;   L.R.A.1918A,  398. 

§   8.  Of  claim  of  state. 

In  general.     29  L.R.A.  243:   1  L.R.A. (N.S.) 

255;  46  L.R.A.(N.S.)    260. 
Upon  what  based.     29  L.R.A.  243. 
Constitutionality      of      provision      for.     29 

L.R.A.  244. 
Nature  and  extent.     29  L.R.A.  245. 
To  wliat  indebtedness  it  applies.     29  L.R.A. 

246. 
Subrogation  of  surety  making  payment.    29 

L.R.A.  248. 
When    it    attaches    and    how    devested.     29 

L.R.A.  248. 
Common-law   priority   of  state   in   payment 

from    assets   of    debtor.      L.R.A.  19 18 A, 

398. 

V.  Effect. 

§  9.  Generally. 

Transfer  of  property  out  of  state  by  insol- 
vency proceedings,  and  extraterritorial 
effect  of  insolvency  laws,  see  Conflict 
OF  Laws,  §  25. 

Effect  of  insolvency  of  corporation,  see 
Corporations,  §  ]36. 

Interruption  of  limitations  by  assignment 
in,  see  Limitation  of  Actions,  §  61. 

Effect  on  right  of  set-off,  see  Set-Off  and 
Counterclaim,  §§  16-21. 

Transfer  of  trademark  by,  see  Trademark, 
§  5. 

Effect  of  insolvency  of  debtor  on  accord  and 
satisfaction  by  part  pavment.  20 
L.R.A.  808;  11  L.R.A.(N.S.)  1024; 
L.R.A.1917A,   722. 

As  affecting  right  to  assumption  of  debts 
on  dissolution  of  partnership.  9 
L.R.A. (N.S.)   56;  48  L.R.A. (N.S.)   548 

Insolvency  as  excuse  for  not  exhausting 
remedies  at  law  before  bringing  credit- 
ors' bill.     23  L.R.A.  (N.S.)    88,  97. 

Of  loan  association,  effect  on  application  of 
payments  for  stock  on  mortgage  given 
by   member.     29   L.R.A.    132. 

As  ground  for  injunction  against  judg- 
ment.    31  L.R.A.  766. 

Effect  of  insolvency  assignment  to  inter- 
rupt limitations.     26  L.R.A.  737. 

Provisions  in  lease  accelerating  maturity 
of  future  rents  and  giving  lessor  right 
to  take  possession  upon  insolvency  of 
lessee  as  alternative  or  concurrent, 
L.R.A.1916B,   1101. 

Effect  of  insolvency  of  defendant  on  right 
to  injunction  against  trespass  to  cut 
timber.  43  L.R.A. (N.S.)  266;  L.R.A. 
1917C,  237. 

Effect  of  insolvency  of  defendant  on  right 
to  specific  performance  of  contract  in 
relation  to  personal  property.  L.R.A. 
1918E,  611. 

Withdrawals  from  building  and  loan  as- 
sociations as  affected  by  insolvency  or 
winding  up  of  business.  49  L.R.A. 
(N.S.)   1142. 

Effect  of  insolvency  of  parties  on  right 
of  obligee  to  be  subrogated  to  security 
held  by  surety.     L.R.A.1916C,  1075. 


INDEX  TO  L.R.A.  NOTES. 


n# 


INSOLVENCY,  V.— cont'd 
§   10.  Of  principal  debtor. 

Insolvency  of  principdl  debtor  as  excuse  for 
failure  to  give  guarantor  notice  of  de- 
fault.    20   L.R.A.   264. 

Effect  of  principal's  insolvency  on  surety's 
right  to  intervene  in  action  against 
principal  or  vice  versa.    68  L.R.A.  741. 

§    11.  Of  insurer  or  reinsured. 

Liability  of  reinsurer  in  case  of  insolvency 
of  original  insurer.  44  L.R.A.  (N.S.) 
317. 

Extent  of  reinsurer's  liability  as  affected  by 
insolvency  of  reinsured.  8  L.R.A. 
(N.S.)    858. 

Right  to  return  of  premiums  on  adjudica- 
tion of  insolvency  of  insurer.  19 
L.R.A.(N.S.)    639. 

§    12.  Of  vendor. 

Insolvency  of  vendor  as  ground  for  injunc- 
tion against  judgment  for  purchase 
money.     31  L.R.A.  748. 

Effect  of  vendor's  insolvency  on  right  to 
injunction  against  collection  of  pur- 
chase money,  where  title  to  land  is  de- 
fective.    7  L.R.A. (N.S.)    451. 

§   13.  Of  purchaser. 

Rescission  of  sale  for  insolvency  of  pur- 
chaser.    2  L.R.A.  153.* 

§  14.  Of  decedent's  estate  or  personal 
representative. 

As  affecting  allowance  for  funeral  ex- 
penses.    28  L.R.A. (N.S.)    575. 

To  whom  notice  of  protest  or  nonpayment 
should  be  given  after  appointment  of 
representative  of  insolvent.  61  L.R.A. 
900. 

Effect  of  insolvency  of  personal  representa- 
tive in  liability  of  estate  to  attorney 
employed  by  him.    25  L.R.A.  (N.S.)  74. 

§    15.  Of  party  to  commercial  paper. 

Effect  of  insolvency  of  prior  parties  to  put 
purchaser  on  inquiry.  L.R.A.1918F, 
1155. 

Effect  of  insolvency  of  party  negotiating 
paper  to  put  purchaser  on  inquiry.  29 
L.R.A. (N.S.)    372. 

To  whom  notice  of  protest  and  nonpayment 
should  be  given  after  appointment  of 
representative  of  insolvent.  61  L.R.A. 
900. 

Of  maker  of  note  as  excuse  for  delay  in  en- 
forcing liability  so  as  to  prevent  re- 
lease of  indorser.  18  L.R.A. (N.S.) 
555. 

Effect  of  insolvency  of  accommodated  party 
on  right  of  accommodation  party  who 
lias  been  obliged  to  pay  bill  or  note  to 
recover  tlie  amount  thereof.  37  L.R.A. 
(N.S.)   786. 

Known  insolvency  of  maker  at  time  of  in- 
dorsement as  excusing  presentment  and 
notice  of  nonpayment.  33  L.R.A. 
(N.S.)    640. 

As  excuse  for  lack  of  demand  or  notice  of 
dishonor  of  paper  held  as  collateral  or 
conditional    payment.     68    L.R.A.    490. 

Consult  also  L.R.A.  Digests  of  Ctises. 


INSOLVENCY— cont'd 

VI.  Discharge  and  its  effect. 

§   16.  Generally. 

In  bankruptcy,  see  Ba>"keuptcy,  §§  32-36. 

Right  to  open  default  judgment  to  let  in 
defense  of.     L.R.A.1916F,  857. 

Binding  effect  of  judgment  refusing  dis- 
charge. 13  L.R.A.  (N.S.)  629;  30 
L.R.A.  (N.S.)    1164. 

Discharge  of  corporation  as  affecting 
stockholder's  liability  for  its  debts. 
38  L.R.A. (N.S.)    648. 

Discharge  in,  as  defense  in  action  for  debts 
assumed  on  dissolution  of  partnership. 
9  L.R.A.(N.S.)    112. 

New  promise  after  discharge  of  debtor.  53 
L.R.A.  363. 


INSPECTION. 


By  stockholder  of  property  of  corporation, 

see  CoKPOBATioNs,  §  99a. 
In  general,  see  Discoveby  and  Inspection. 
By  insurer,  of  property  after  loss,  see  In- 

SUBANCE,  VIII.  b. 

Effect  of  inspection  or  opportunity  to  in- 
spect on  vendee's  right  to  rely  on  rep- 
resentations by  vendor  as  to  quality  or 
condition  of  soil.    L.R.A.1917C,  273. 


INSPECTION  liAWS. 

Reasonableness  of  inspection  fees.  L,R.A. 
1917D,  749.  ' 

Requiring  inspection  of  animals  as  inter- 
ference with  interstate  commerce. 
26  L.R.A.(N.S.)  279;  43  L.R.A. (N.S.) 
1066. 

Validity  of  regulations  as  to  fees  for  in- 
spection of  milk.    L.R.A.1917C,  256. 

Requiring  inspection  of  dairy  herd  of  per- 
sons selling  milk.    L.R.A.1917C,  253. 


INSPECTORS. 


Car  inspectors,  see  Cab  Inspectobs. 
Track  inspectors,  see  Tback  Inspectobs. 

Right  of  woman  to  be.     38  L.R.A.  212. 
Duty  and  liability  to  inspectors  who  enter 

premises  in  performance  of  their  duty. 

31  L.R.A.(N.S.)   380. 
Authority  of  inspector  on  street  railway  to 

contract  for  services  of  other  persons. 

L.R.A.1918F,  66. 


INSTALLATION. 


See  Electbicity. 


INSTALMENT  BONDS. 

See  Instalments,  §  4. 


71ft 


INDEX  TO  L.R.A.  NOTES. 


INSTALMENT  NOTES. 

See  Instalments,  §  5. 


INSTALMENTS. 


§   1.  Generally. 

Foreclosure  of  mortgage  on  default  in  pay- 
ment of,  see  Mortgage,  §  65. 

Action  to  recover  instalments  of  alimony 
under  decree  rendered  in  another  state. 
9  L.R.A.(N.S.)  1168;  28  L.R.A.(N.S.) 
1068. 

§  2.  Delivery  In,  of  articles  sold. 

Acceptance  of  portion  as  affecting  right  to 
rescind  contract  for  failure  to  deliver 
whole.     21  L.R.A.(N.S.)   864. 

Right  of  purchaser  of  goods  deliverable  in 
instalments  to  rescind  the  contract  or 
refuse  further  deliveries  for  breach  as 
to   quality.     38   L.R.A.(N.S.)    539. 

Time  for  delivery  of  goods  sold  to  be  de- 
livered in  reasonable  instalments,  or  in 
instalitients  as  required  by  purchaser. 
L.R.A.1918A,  609. 

§  8.  Of  purchase  or  contract  price. 

One  selling  on  instalment  plan  as  peddler 
within  statutory  or  municipal  regula- 
tions.     L.R.A.1916B,    1303. 

Rescission  of  sale  for  failure  to  pay  for  in- 
stalment as  delivered.  32  L.R.A.  (N.S.) 
1. 

Provision  for  payment  of  instalments  of 
price  of  article  during  construction  as 
indicating  intent  to  pass  title.  2  B. 
R.  C.  646. 

Delay  in  paying  instalments  as  excusing 
building  contractor's  delay  in  com- 
pleting contract.  35  L.R.A.  (N.S.) 
1223. 

Terminations  of  contract  of  employment  by 
death  of  servant  during  term  stipu- 
lated by  contract  providing  for  re- 
muneration in  instalments.  21  L.R.A. 
(N.S.)    929. 

When  municipal  indebtedness  payable  in 
instalments  arises.  37  L.R.A.  (N.S.) 
1063;  L.R.A.1917E,  441. 

Buyer's  right  to  maintain  separate  action 
for  delivery  of  each  instalment  under 
entire  contract.     3  L.R.A. (N.S.)    1082. 

Effect  of  setting  up  defects  as  counterclaim 
in  action  to  recover  instalment  of  pur- 
chase price  on  right  to  set  up  like 
counterclaim  in  subsequent  action.  10 
L.R.A.   (N.S.)   734. 

Right  of  seller  to  recover  contract  price  or 
value  of  articles  delivered  while  refus- 
ing further  deliveries  for  purchaser's 
failure  to  pay.     43  L.R.A.(N.S.)    1009 


INSTALMENTS— cont'd 
§   5.  Instalment  notes. 

Holders  of,  as  parties  to  proceedings  to  en- 
force mortgage  for  part  of  debt.  37 
.     L.R.A.  742. 

Effect  of  setting  up  defects  in  article  pur- 
chased as  counterclaim  in  action  on 
one  of  a  series  of  notes  given  for,  or 
for  an  instalment  of,  the  purchase 
price,  on  right  to  set  up  a  like  counter- 
claim in  subsequent  actions.  10  L.R.A. 
(N.S.)    734. 

Effect  on  negotiability  of  bill  or  note  of 
provision  accelerating  maturity  for 
failure  to  pay  instalment.  35  L.R.A, 
(N.S.)   391;  L.R.A.1915B,  472. 


IN    STATU    QUO. 


Placing  party  in  as  condition  of  rescission 
of  contract,  see  Contracts,  §  150. 


INSTIGATION. 


To  commit  crime,  see  Criminal  Law,  §  19; 
Robbery,  §  2. 


INSTRUCTION. 


As 


a  necessary  for 
(N.S.)    1115. 


an  infant.     42   L.R.A. 


INSTRUCTIONS. 


On 


trial,  see  Appeal    and    Error,    §    36; 
Trial,  §§  60-68. 
Master's     duty     to    instruct 
Master  and  Servant,   5 


servant,    see 
72-78,   165. 


Instruction  by  correspondence  as  interstate 
commerce.       27   L.R.A. (N.S.)    493. 

Improper  influence  or  interference  with 
grand  jury  by.     28  L.R.A.  367. 


INSTRUMENTS. 


Negotiable  instruments,  see  Bills  and 
Notes;  Checks. 

Order  for  physical  examination  requiring 
use  of,  as  abuse  of  discretion.  15 
L.R.A. (N.S.)   665. 


§  4.  Instalment  bonds. 

Form  of  judgment  on  instalment  bonds.    62 

L.R.A.   428,   439. 
Begin  xoith  this  hooJe  on  every  law  question. 


INSUBORDINATION. 

As  ground  for  discharge  of  one  employed  in 

executive      or      supervisory      capacity. 

L.R.A.1918C,   1038. 
Prosecutions   under    the    Espionage   Act   oi 

June  15.  1917,  for  attempting  to  cause. 

L.R.A.1918F,  410. 


INDEX  TO  L.R.A.  NOTES. 


717 


INSUFFICIENCY   OF  FUNDS. 

As  relieving  municipality  from  liability  for 
injury  from  defects  in  streets.  20 
L,R.A.(N.S.)    529. 


INSULATION. 


Duty  to  insulate  electric  wires  over  high- 
way. 22  L.R.A.(N.S.)  1171;  1  B.  R. 
C.  799. 


INSULT. 

As  provocation  for  homicide,  see  Homicide, 
§  24.      • 

Breach  of  peace  by  use  of  insulting  lan- 
guage.    L.R.A.1918F,  941. 

Insulting  passenger  by  suggesting  that  he 
belongs  in  colored  compartment  as  an 
actionable  wrong.  32  L.R.A.  (N.S.) 
206. 

To  court  because  of  decision  after  determi- 
nation of  ease  as  contempt  or  ground 
for  disbarment.     17   L.R.A. (N.S.)    585. 

Amount  of  damages  that  may  be  awarded 
for  insulting  language.  44  L.R.A. 
(N.S.)    1139. 


INSURABLE    INTEREST. 

See  Insurance,  IV. 


INSURANCE. 


7.  In  general,  §§  1-4. 
II.  Companies       and       associations; 
rights     and     liabilities     of 
members  generally,    §§    5- 
16. 

a.  In  general,  §  5. 

b.  Foreign  companies,   §§   6-8. 

c.  Insolvency    and    dissolution, 

§§  9,  10. 

d.  Various  particular  "kinds  of 

companies  and  associations, 

§§      11-14:. 

e.  Rights,  powers,  and  liabili- 

ties of  members  generally,  | 
§§  15,  16.  t 

///.  Agents,  officers,  and  brokers,  §§ 

17-23. 
IV.  Insurable   interest;  who   may  be 
beneficiaries,  §§  24—35. 

a.  In  property,  §§  24-26. 

b.  In  life,   §§  27-35. 

V.  The  policy  or  contract;  constitu- 
tion and  by-latvs,  §§  36- 
119. 

a.  In  general,   §§   36-40. 

b.  Application  generally,   §  41. 

c.  Validity  generally,  §§  42-45. 

d.  Constitution,  rules,  and  by- 

laws, §§  46,  47. 
Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  v.— cont'd 

e.  Reformation;  rescission; 

cancelation;  surrender,  §§ 
48-54. 

f.  Paid   up   insurance;   surren- ' 

der  value;  extended  insur- 
ance; options;  endo\vm.ent 
policies,    §§    55-58a. 

g.  Construction,  §§  59-62. 

h.  Warranties ;  representations; 
conditions;  incontesta- 
bility,  §§   63-103. 

1,  In  policies  on  property, 

§§  63-89. 

(a)  In  general,  §§  63- 

65. 

(b)  Title ;     ownership ; 

encumbrances,  §  § 
66-73. 

(c)  Use,       care,       and 

condition  of  prop- 
erty, S§  74-78. 

(d)  Iron-safe      clause, 

§   79. 

(e)  Other      insurance; 

previous  applica- 
tion, §  80. 

(f)  Breach    by    tenant 

or  mortgagor,  §§ 
81,  82. 

(g)  Increase     of     risk 

generally,   §  83. 
(h)    Temporary  change 
of  conditions,   §§ 
84-89. 

2.  In  life  or  accident  poli- 

cies, §§  90-103. 

(a)  In      general,       §§ 

90-92. 

(b)  Health,  habits, 

and      occupation, 
§§   93-98. 

(c)  Previous         rejec- 

tion; other  insur- 
ance,  §§  99-101. 

(d)  Increase     of     risk 
generally,     §     102. 

(e)  Incontestability,    § 

103. 
I.  Termination   generally;   sus- 
pension, §§  104,  105. 
j.  Forfeiture,   §§   106-108. 
k.  Reinstatement,  §  109. 
I.  Premiums;  assessm,ents ; 

rates,  §§   110-119. 

1.  In  general,  §§  110,  111. 

2.  Payment    of,     §§     112- 

115. 

3.  Return       of;       recovery 

back,  §§  116-118. 

4.  Rates,   §   119. 

VI.  Transfer    of    policy    or    interest 
therein,  §§   120-129. 

a.  Assignment     generally,      §§ 

120-126. 

b.  Change    of    beneficiary,     §§ 

127-129. 
VII.  Estoppel;  waiver,  §§  130-144. 

a.  Of  insured,  §§  130,  131. 

b.  Of  insurer,    §§    132-144. 

1.  In  general,  §§  132-140. 


718 


INDEX  TO  L.R.A.  NOTES. 


§§ 
§ 


(a) 


INSURANCE,  VII.  b— cont'd 

2.  By   agent   or   offlcer, 

141-14:3. 

3.  Parol    evidence   rule, 

144. 
VIII.  The    loss    and    its     adjustment; 
remedies,   §§   145-208. 
a.  Notice  and  proofs  of  loss  or 

death,  §§  145-150. 
6.  Suhmission     to     arbitration; 
'  adjustment  of  loss,  apprai- 

sal,  §§   151-152b. 
e.  Rislcs  and  causes  of  loss,  in- 
jury, or  death,  §§  153- 
171. 

1.  Under  policies   covering 

property,   §§   153-158. 

2.  Under  life,  accident,   or 

health       policies, 

§§  159-171. 
In      general,       §§ 

159-169. 
Suicide,     §§     170, 

171. 

d.  Extent  of  injury,  loss  or  re- 

covery;      release,       §§ 
172-181. 

1,  Insurance    on    property, 

§§    172-176. 

2.  Insurance     on     persons, 

§§   177-181. 

e.  Interest  in  proceeds,  §§  182- 

194. 
1.  Of    insurance    on    prop- 
erty,  §§   182-185." 
,  2.  Of  insurance  on  persons, 

1  §§    186-194. 

f.  Subrogation ;  set-off,  §§  195- 

198. 

g.  Contribution ;  prorating;  ap- 

portionment, §§   199,  200. 
h.  Remedies;  actions,   §§  201- 
208. 

1.  In  general,  §§  201-206. 

2.  Contractual       limitation 

of  time,  §§  207,  208. 
IX.  Reinsurance,   §§  209,  210. 
X.  Guaranty  policies,  §§  211-219. 
XI.  Burglary    and     theft    insurance, 
§  220. 
XII.  Automobile  instirance,  §  221. 
XIII.  Animal  insurance,    §   222. 
XIV.  Insurance  against  loss  of  profits, 
§  223. 

I.  In  general. 


INSURANCE,  I.— cont'd 

On  fireworks,  see  Fibe works,  §  1. 

Guardian's  power  in  insurance  matters,  see 

Guardian  and  Ward,  §  8. 
Sickness  of  insured,  see  Sickness,  §  8. 
Time  in  relation  to  insurance  matters,  see 

Time,  §  4. 

Employer's  contribution  to  insurance  against 
injuries  to  employee  as  affecting  or  af- 
fected bv  recovery  against  him  for  per- 
sonal  injuries.     L.R.A.1917B,   1160. 

Provision  exempting  carrier  from  liability 
for  risk  capable  of  being  covered  by  in- 
surance as  extending  to  loss  caused  by 
negligence.    6  B.  R.  C.  125. 

Situs  of  insurance  for  purposes  of  adminis- 
tration.   24  L.R.A.  687. 

Equitable  relief  against  forfeiture  of  estate 
for  breach  of  collateral  covenant  to 
insure.     69  L.R.A.  856. 

Conclusiveness  of  determination  by  tribu- 
nals of  association.    49  L.R.A.  363,  372. 

Validity  of  restrictive  agreement  ancillary 
to  sale  of  insurance  agency.  L.R.A. 
1916C,  631. 

Life  insurance  as  assets  of  bankrupt.  46 
L.R.A.  (N.S.)   148. 

Treatment  of,  as  part  of  overhead  charges 
in  public  service  property  valuations. 
48  L.R.A.(N.S.)  3051. 

What  constitutes  insurance.  47  L.R.A. 
(N.S.)   290. 

Agreement  as  to  insurance  as  a  test  to  de- 
termine when  title  passes  under  a  con- 
tract of  sale.     L.R.A.1918B,  823. 

Effect  of  insurance  of  property,  or  pro- 
visions relative  thereto,  on  passing  of 
title  under  contract  for  sale  of  goods 
to  be  produced  or  manufactured.  50 
L.R.A.  (N.S.)    140. 

Liability  of  bailee  under  special  terms  of 
contract  to  insure  subject  of  bailment. 
L.R.A.1915B,   302. 

§  2.  Subjects    of   insurance. 

Various  particular  kinds  of  insurance  com- 
panies and  associations,  see  infra, 
§§  11-14. 

Various  kinds  of  guaranty  insurance,  see 
infra,  §§  211-219. 

Burglary  insurance,  see  infra,  XL 

Automobile  insurance,  see  infra,  XII. 

Animal  insurance,  see  infra,  XIII. 

Of  bicycles.     47  L.R.A.  307. 

Fire  insurance  as  a  business  affected  bv  a 
public  interest.  29  L.R.A.  (N.S.)  1195; 
L.R.A.1915C,  1189. 

Validity  of  insurance  of  intoxicating  li- 
quors, as  affected  bv  liquor  laws.  31 
L.R.A.(N.S.)   874. 


§    1.  Generally. 

Arson  of  insured  property,  see  Arson,  §  3. 
Conflict    of    laws    as    to,    see    Conflict    of 

Laws,  §  8. 
Constitutionality  of  statutes  regulating,  see 

CoNSTrruTiONAL  Law,  §  107. 
Custom  and  usage   in   insurance   cases,  see 

Custom  and  Usage,  §  12. 
Measure  of  damages  for  breach  of  insurance 

contract,  see  Damages,  §  23. 
Death    of    insured    persons    generally,    see 

Death,  §  2. 
EfTect  of  death  of  insured,  see  Death,  §  19. 
Demand  in  insurance  matters,  see  Demand,  1  State  tax  on  insurance  premiums.  57  L.R.A 

§  4.  69. 

Begin  with  this  boolc  on  every  law  question. 


§3.  —  compulsory      industrial      insur- 
ance. 

See  Workmen's  CoMPBarsATioN. 

§   4.  Taxation. 

Taxation    of    corporations    generally,     see 
•Taxes,  §§  11,  33-39,  45,  46,  67. 


INDEX  TO  L.R.A.  NOTES. 


719 


INSURANCE,  I.— cont'd 

Validity  of  law  imposing  tax  on  insurance 

companies   for   benefit   of   firemen.      13 

L.R.A.(N.S.)    1147. 
Deposit   hv    insurance   company   as   subject 

of  taxation.     36  L.R.A.(N.S.)  226. 
Liability   of    insurance    policy    issued   by   a 

domestic  corporation  upon  the  life  of  a 

nonresident  to  a  local  transfer  tax.     10 

L.R.A.(N.S.)  1089. 

//.  Companies  and  associations;  rights 
and  liabilities  of  members  generally. 

a.  In  general, 

§   5.  Generally. 

Legality  of  combination  among  insurance 
underwriters,  see  Mon'opoly  and  Com- 
binations, §  11. 

What  constitutes  doing  an  insurance  busi- 
ness.    47  L.R.A.{N.S.)    290. 

Liability  of  insurance  company  on  contracts 
of  another  company  which  it  has  ab- 
sorbed or  attempted  to  absorb.  36 
L.R.A.(N.S.)   597. 

ft.  Foreign  com,panie8, 

%   6.  Generally. 

Conflict  of  laws  as  to  insurance  generally, 

see  Conflict  of  Laws,  §  8. 
As    to    foreign    corporations    generally,    see 

Corporations,   XL 

Law  governing  contract  of  insurance  made 
by.     63  L.R.A.  850. 

Laws  of  state  of  incorporation  as  limita- 
tion upon  powers  of  insurance  company. 
63  L.R.A.  853;  52  L.R.A.  (N.S.)  278. 

Insurance  contract  made  by  mail  by  unau- 
thorized foreign  company.  24  L.R.A. 
296. 

Exclusion  of  foreign  companies  as  affecting 
commerce.    24  L.R.A.  312. 

Revocation  of  license  of  foreign  company 
on  account  of  removal  of  action  to  Fed- 
eral court.     1  L.R.A.  (N.S.)   1019, 

Effect  of  location  of  insured  property  with- 
in the  state  to  prevent  an  action  by  a 
foreign  insurance  company  on  contract 
made  in  another  state.  9  L.R.A. (N.S.) 
417. 

Right  of  burglary  and  theft  insurance  com- 
panies to  do  business  in  foreign  states. 
46  L.R.A.(N.S.)   563. 

Laws  or  judgments  of  courts  of  state  in 
which  insurance  company  is  incorpo- 
rated as  binding  in  other  states. 
L.R.A.1916A,   770. 

Failure  to  comply  with  conditions  of  doing 
business  in  the  state  as  defense  to  ac- 
tion by  company  against  officer  or 
agent.     L.R.A.  1916 A,  648. 

Service  of  process  on  insurance  commission- 
er.   23  L.R.A.  499. 

State  tax  on  premiums  of.     57  L.R.A.  71. 

§    7.  Restrictions  on  business  of. 

As  to  assets.     24  L.R.A.  298. 

License  taxes.     24  L.R.A.  299. 

Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  II.  b— cont'd 

Charges    for    fire    department    or    firemen's 

fund.    24  L.R.A.  299. 
Certificates.     24  L.R.A.   300. 
Other  requirements.     24  L.R.A.  301. 
Other  "states."  24  L.R.A.  301. 
What   companies    within    the    statute.      24 

L.R.A.  302. 
Violation  of  statute.     24  L.R.A.  303. 
Retaliatory  statutes.    24  L.R.A.  303. 

§  8.  Effect  on  insurance  of  noncom- 
pliance with  statutory  require- 
ments. 

As  to  recovery  on  the  policy.  20  L.R.A. 
405. 

As  to  agent's  liability.    20  L.R.A.  407. 

Suits  on  premium  notes.    20  L.R.A.  407. 

As  to  the  effect  of  place  of  contract  on 
premium  notes.     20  L.R.A.  409. 

As  to  criminal  prosecutions.    20  L.R.A.  409. 

Generally,  as  to  suits  against  foreign  com- 
panies.    20  L.R.A.  409. 


c.  Insolvency  and  dissolution. 

§   9.  Generally. 

Losses  occurring  after  insolvency  of  insurer. 
L.R.A.1917E,  1141. 

Liability  of  funds  held  by  mutual  benefit 
societies  to  the  claims  of  their  credi- 
tors.    6  L.R.A.  (N.S.)   235. 

Right  to  return  of  premiums  on  adjudica- 
tion of  insolvency  of  insurance  com- 
pany.    19  L.R.A. (N.S.)   639: 

Distribution  of  surplus  upon  dissolution  of 
mutual  insurance  company.  3  L.R.A. 
(N.S.)    653. 

Right  of  receiver  of  insurance  company  to 
funds  deposited  with  state  official  to 
secure  performance  of  contracts.  46 
L.R.A.(N.S.)  187. 

§10.  Distribution  of  assets  of  insol- 
vent insurance  company. 

Who  is  to  distribute.    38  L.R.A.  97. 
Valuation   and   adjustment  of   claims.     38 

L.R.A.  100. 
Priorities.     38  L.R.A.  103. 
Special  funds.     38  L.R.A.  108. 
Contract  rights.     38  L.R.A.  110. 
Surplus  assets.    38  L.R.A.  110. 


d.  Various    particular    "kinds    of    com,- 
panies  and  associations. 

§11.  Liloyds  associations. 

Restrictions  on  insurance  by  unincorporated 
associations  or  individuals;  Lloyds  as- 
sociations.    25  L.R.A.  238. 

§   12.  Assessment  companies. 

Right  of  assessment  company  to  change  plan 

or   class   of   policies.     1    L.R.A.  (N.S.) 

623. 
Right  to  decrease  benefits.    31  L.R.A. (N.S.) 

423;  L.R.A.1917C,  626. 
Right  to  increase  rates.     31  L.R.A.  (N.S.) 

417;  L.R.A.1916A,  762. 


720 


INDEX  TO  L,R.A.  NOTES. 


INSURANCE,  II.  d— cont'd 

§    13.  Fire  Insurance  pati'ol. 

Liability  of,  for  injuries.  21  L.R.A.  (N.S.) 
810". 

§  14.  Is  a  benefit  association  an  insur- 
ance company. 

As  to  benevolent  societies  generally,  see  Be- 
nevolent Societies. 

Where  the  question  is  as  to  "other  insur- 
ance."    38  L.R.A.   33. 

Where  the  construction  of  the  certificate  is 
in  question.     38  L.R.A,  34. 

Where  compliance  with  state  insurance  law 
is  required  before  doing  business.  38 
L.R.A.  40. 

Where  the  question  is  in  regard  to  juris- 
diction.    38  L.R.A.  47. 

Under  statutes  exempting  benevolent  socie- 
ties.    38  L.R.A.  49. 

Where  the  question  is  not  discussed.  38 
L.R.A.  53. 

Some  definitions.     38  L.R.A.  54. 

e.  Rights,   powers,   and  liabilities  of 
members  generally. 

§   15.  Rights  and  powers  of  members. 

Right  of  policy  holder  to  inspect  books  of 

insurance   company.     11    L.R.A. (N.S. ) 

1089. 
Liability  of  officers  of  a  mutual  company  to 

members    for    permitting    diversion    of 

funds.     2  L.R.A. ( N.S.)   165, 

§  16.  Liiability  of  members  of  mutual 
insurance  company. 

In  general.     32  L.R.A.  481. 

Who  are  members.     32  L.R.A.  482. 

Notes  of  members.     32  L.R.A.  483. 

Altered  charter,  by-law,  or  contract  of  mem- 
bership.   32  L.R.A.  486. 

For  what  losses  or  obligations  liable.  32 
L.R.A.  487. 

Defensesv  against  contract.     32  L.R.A.  490. 

Termination  of  liability.    32  L.R.A.  492. 

Liability  of  guaranty  members.  32  L.R.A. 
496. 

Assessments.    32  L.R.A.  496. 

Jurisdiction  of  equity  to  enforce  liability  of 
member  of  mutual  insurance  company. 
40  L.R.A.(N.S.)    781. 

III.  Agents,  officers,  and  brokers. 

§    17.  Generally. 

Waiver  or  estoppel  by,  see  infra,  §§  141- 
143. 

Effect  of  agent's  failure  to  procure  license. 
1  L.R.A.(N.S.)   1159. 

Effect  of  legislation  limiting  cost  of  new 
insurance  on  existing  contracts  with 
agents.    19  L.R.A. (N.S.)  946. 

§   17a.  When  agent  is  agent  of  assured. 

As  to  filling  in  of  application.     20  L.R.A. 

279. 
As  to  notice  of  cancelation.     20  L.R.A.  283. 
As   to  waiver  of  conditions  in   policy.     20 

L.R.A,  285. 
As  to  payment  of  premium.    20  L.R.A.  286. 
Duty  to  read  the  policy.    20  L.R.A.  286. 


41 


ex- 
41 


41 


Begin  with  this  boole  on  every  law  question. 


INSURANCE,  III.— cont'd 
§   18.  Insurance    broker    as    agent    for 
insured. 

Generally.     38  L.R.A. (N.S.)   614. 
Payment  of  premium.    38  L.R.A. (N.S.)  616. 
Cancelation  of  policy.    38  L.R.A. (N.S.)  623. 
Alteration,  and  changing  policy.     38  L.R.A. 

(N.S.)    630. 
Liability  of  broker.     38  L.R.A. (N.S.)    631. 
Brokers' knowledge.     38  L.R.A.  (N.S.)   634. 
Conflict  of  laws.    38  L.R.A.  (N.S.)  640. 
Set-off'.     38   L.R.A. (N.S.)    641. 
Lien,     38  L.R.A. (N.S.)   643. 

§  18a.  31edical  examiner  as  agent  of 
in.surer  or  of  insured. 

General  rule.     41  L.R.A. (N.S.)   506. 
Estoppel   where   examiner   writes   false   an- 
swers not  given  by  insured.     41  L.R.A. 
(N.S.)  507. 
Estoppel    by    examiner's    interpretation    or 

opinion.    41  L.R.A.  (N.S.)   509. 
Estoppel    by    medical    examiner's    personal 

knowledge.     41  L.R.A. (N.S.)   510. 
Estoppel   by  medical  examiner's  knowledge 

of  facts  in  application  as  distinguished 

from  medical  report.     41  L.R.A. (N.S.) 

511. 
Estoppel  by  acts  of  special  examiner. 

L.R.A. (N.S.)    512. 
Validity    and   effect   of    provision    that 

aminer  shall  be  agent  of  insured. 

L.R.A.  (N.S.)  513. 
Cases    decided    under    Iowa    statute. 

L.R.A.(N.S.)    513. 
(Ratification  of  examiner's  acts.     41  L.R.A. 

(N.S.)   514. 
Miscellaneous.    41  L.R.A. (N.S.)  515. 

§    19.  Powers  of. 

As  to  waiver  or  estoppel  by,  see  infra, 
§§  141-143. 

Authority  of  general  insurance  agent  to  em- 
ploy subagent.     L.R.A.1918F,  726. 

Authority  of  insurance  agent  to  contract 
for  services  of  persons  other  than  sub- 
agents,     L.R.A.1918F,  15. 

Presumption  as  to  powers  of  agent  in  case 
of  oral  contract  of  insurance.  22  L.R.A. 
773. 

Conflict  of  laws  as  to  local  agent's  authority 
to  accept  application.     63   L.R.A.  836. 

Power  of  insurance  agent  to  bind  insurance 
company  by  insuring  property  in  which 
he  is  interested  personally  or  as  agent, 
the  company  having  no  notice  of  such 
interest.  9  L.R.A.(N.S.)  1084;  49 
L.R.A.(N.S.)   972. 

Power  of  insurance  agent  to  bind  insured 
by  transferring  risk  from  one  company 
to  another.     51  L.R.A. (N.S.)   539. 

Authority  of  agent  to  agree  to  renew  policy 
in  future.    L.R.A.1916C,  784. 

Power  to  accept  cancelation  of  his  own  in- 
debtedness in  payment  of  premium. 
L.R.A.1915A,  686. 

§  20.  Inputing  knowledge  of,  to  com- 
pany. 

Effect  of  notice  to  subagent.    21  L.R.A.  342. 


INDEX  TO  L.R.A.  NOTES. 


721 


INSURANCE,  III.— cont'd 
§   21.  Compensation   of. 

Income  tax  on  commissions  on  renewal 
premiums.     L.R.A.1918A,  501. 

Set-off  of  claims  by  and  against  insurance 
broker  in  case  of  bankruptcy.  55 
L.R.A.  45,  61. 

Applicability  of  statute  against  rebates  and 
discrimination  to  allowance  by  agent  to 
insured  of  part  of  former's  commissions. 
23  L.R.A.  (N.S.)   722. 

Assignability  of  insurance  agent's  right  to 
commissions  on  renewal  premiums.  18 
L.R.A.(N.S.)   193. 

Termination  of  agency  as  affecting  insur- 
ance agent's  right  to  commissions  on 
renewals.    35  L.R.A.  (N.S.)  153. 

Retention  of  policy  as  waiver  of  mistake  or 
fraud  of  insurer  or  its  agent  as  to  sup- 
plemental contract  for  allowance  of 
commissions.      38   L.R.A.  (N.S.)    790. 

§   22.  liiability  of. 

Failure  of  foreign  corporation  to  comply 
with  conditions  of  doing  business  in 
the  state  as  a  defense  to  action  on 
agent's  note  for  uncollected  premium.s. 
L.R.A.1916A,  648. 

Liability  of  agent  where  statutes  regulat- 
ing business  of  foreign  insurance  com- 
panies have  not  been  complied  with. 
20  L.R.A.  407. 

Liability  of  insurance  agent  to  company  for 
failure  to  follow  instructions.  22 
L.R.A.(N.S.)   509;  L.R.A.1915A,  860. 

Liability  of  officers  of  mutual  company  to 
members  for  permitting  diversion  of 
funds.     2  L.R.A. (N.S.)   165. 

Liability  of  insurance  broker  as  agent  for 
insured.      38    L.R.A.(N.S.)    631. 

§   2  3.  Termination  of  agency. 

Termination  of  agency  as  affecting  insur- 
ance agent's  right  to  commissions  on  re- 
newals.    35  L.R.A. (N.S.)   153. 

IV.  Insurable  interest. 

a.  In  property. 

g  24.  Generally. 

Insurable    interest   in   animals.     44   L.II.A. 

(N.S.)   569. 
Insurable  interest  in  crops.     L.R.A.1917A, 

485. 
Right  to  recover  premiums  paid  on  policy 

which  is  invalid  for  want  of  insurable 

interest.     3  B.  R.  C.  839. 
Mortgage  as  terminating.     38  L.R.A.  562. 
In  unfinished  building  during  its  construc- 
tion by  a  contractor.    43  L.R.A.  664. 
Of  sole  and  absolute  owner  of  building  and 

land  not  belonging  to  him.     38  L.R.A. 

(N.S.)    429. 
Insurable  interest  of  one  secondarily  liable 

on  an  obligation,  in  property  primarily 

charged  with  the  same.    9  L.R.A. (N.S.) 

490. 
Insurable   interest   of   holder   of   option    on 

property.     L.R.A.1918A,  393. 
Insurable  interest  of.  tenant  in  leased  prop- 
erty.    42  L.R.A. (N.S.)  135. 
Consult  also   L.R.A.  Digests  of  Cases.    46 


INSURANCE,  IV.  a— cont'd 

Insurable   interest    of   one    insured   against 

loss  of  profits  from  marine  adventure. 

L.R.A.1917C,  730. 
Insurable    interest    of    wife    in    husband's 

property.     L.R.A.1918A,  793. 
Illegality  of  policy  of  marine  insurance  fer 

lack   of  insurable   interest  as  affecting 

right  to  recover  back  premiums  paid. 

L.R.A.1917A,  477. 

§   25.  Of   husband   in   wife's   property, 
or  that  in  wliich  slie  is  interested. 

Husband  without  insurable   interest  unless 

he    has   beneficial    interest.     45   L.R.A. 

(N.S.)   1132. 
Insurable  interest  of  husband  where  he  has 

beneficial     interest.       45     L.R.A.  (N.S.) 

1133. 
As  agent.    66  L.R.A.  658. 
As  guardian.     66  L.R.A.  659. 
As  trustee.     66  L.R.A.  659. 
As  tenant  by  the  curtesy.     66  L.R.A.  659. 
As  tenant  by  the  entirety.     66  L.R.A.  660. 
In  wife's  personalty.     66  L.R.A.  660. 
In  homestead.     66  L.R.A.  660. 
In  community  property.     66  L.R.A.  661. 
Arising  from  right  to  use  and  profits.     66 

L.R.A.  661. 
Arising  from  equitable  interest.     66  L.R.A. 

661. 
Mutual  insurance  company.    66  L.R.A.  662, 

8  2  6.  When,     must     exist    under     fire 
policies. 

Interest    at    the    time    of    the    policy.      52 

L.R.A.  330. 
Interest  at  time  of  policy  and  at  time  of 

loss.     52  L.R.A.  332. 
Interest  at  time  of  loss.     52  L.R.A.  336. 
Policies  on  fluctuating  property.    52  L.R.A. 
340. 


t.  In  life. 

§2  7.  Generally. 

Right  to  recover  premiums  paid  on  policy 
which  is  invalid  for  want  of  insurable 
interest.  3  B.  R.  C.  839;  L.R.A.1917A, 
477. 

Conflict  of  laws  as  to.  63  L.R.A.  856;  23 
L.R.A.(N.S.)  976;  52  L.R.A. (N.S.)  279. 

Who  is  a  member  of  the  "family"  within 
contract  of  benefit  society.  3  L.R.A. 
(N.S.)   334. 

Insurable  interest  in  life  of  foster  child  or 
foster  parent.     46  L.R.A.(N.S.)   779. 

Insurance  on  life  in  favor  of  paramour.  47 
L.R.A.(N.S.)   252. 

Insurance  on  life  of  officer  of  corporation  for 
benefit  of  the  corporations.  16  L.R.A. 
(N.S.)    1020;   L.R.A.1915F,  979. 

Right  of  holder  of  benefit  certificate  to 
designate  as  beneficiary  one  not  within 
the  classes  prescribed  by  law  or  rules 
of  the  association  where  such  designa- 
tion is  upon  a  consideration  moving 
from  the  appointee  to  the  holder.  25 
L.R.A.(N.S.)   814. 


722 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  IV.  b— cont'd 
§   28.  Of  creditor. 

Validity    of    life    insurance   to   secure   debt 

to   insurer,   see  infra,   §   45. 
Right  of  creditor  to  proceeds  of  insurance, 

see  infra,  §  192. 

§   2  9.  Of  husband. 

Insurable  interest  of  husband,  as  such,  in 
life  of  wife.    2  B.  R.  C.  410. 

§   30.  Of  betrothed  wife. 

Right  to  insure  life  of  betrothed  husband. 
53  L.R.A.  825. 

Validity  of  life  insurance  for  benefit  of. 
19'L.R.A.  187. 

As  a  "dependent"  within  restrictions  of 
beneficiaries  of  mutual  benefit  associa- 
tions, 2  L.R.A.  (N.S.)  654;  36  L.R.A. 
(N.S.)  208;  51  L.R.A. (N.S.)   726. 

§31.  Wife's  right  to  insure  life  of 
husband. 

The  right  at  common  law.     53  L.R.A.  817. 
The  right  under  statutes.     53  L.R.A.  819. 
Promised  marriage  and  irregular  marriages. 

53  L.R.A.  825. 
Consent  to  use  by  wife  of  husband's  funds. 

53  L.R.A.  825. 

§  32.  In  life  of  parent  or  child  or  other 
relative  by  blood. 

The  rule  that  pecuniary   interest  is  neces- 
sary.    54  L.R.A.  225. 
The    rule    that    close    relationship    is    suf- 
ficient.    54  L.R.A.  228. 
Consent  of  the  insured.     54  L.R.A.  233. 
Insurable  interest  of  adult  child  in  life  of 

parent.     19  L.R.A. (N.S.)   233. 
Insurable    interest    of    brother  or  sister  in 

other's   life.     45   L.R.A. (N.S.)    982. 
Insurable    interest    of    cousin.      14    L.R.A. 
(N.S.)   1172. 

§   33.  Who  are  dependents. 

Who  is  a  "dependent"  within  statute  or 
rules  defining  beneficiaries  of  mutual 
benefit  societies.  2  L.R.A. (N.S.)  653; 
36  L.R.A. (N.S.)  208;  37  L.R.A. (N.S.) 
1191;  51  L.R.A. (N.S.)   726. 

Adopted,  foster  or  stepchild  as  "dependent." 
L.R.A.1916B,  906. 

§  34.  Right  to  take  life  insurance  for 
benefit  of  stranger. 

Generally.     25  L.R.A.  627. 

Speculative  policies.     25   L.R.A.   628. 

The  effect  of  existence  of  insurable  interest. 
25  L.R.A.  629. 

Payment  of  premiums.    25  L.R.A.  629. 

The  Texas  doctrine.     25  L.R.A.  630. 

Designation  as  beneficiary,  of  one  without 
insurable  interest,  as  affected  by  con- 
siderations of  public  policy.  16  L.R.A. 
(N.S.)    555. 

Validity  of  assignment  by  beneficiary  hav- 
ing no  insurable  interest  to  one  paying 
premiums.     3  L.R.A.  (N.S.)  952. 

Validity  of  assignment  of  life  insurance 
policy  to  one  having  no  insurable  inter- 
est where  the  assignment  is  not  made 
by  way  of  cover  for  a  wager  policy.  6 
L.R.A.  (N.S.)   128. 


Begin  xvitli  this  hooTc  on  every  lata  question. 


INSURANCE,  IV.  b— confd 

Defense  of  want  of  insurable  interest  as  af- 
fected by  incontestable  clause.  42 
L.R.A.  257;   5  L.R.A. (N.S.)    747. 

8  35.  Consent  of  person  wliose  life  is 
insured,  as  a  condition. 

Policies   on   adults'    lives.     56   L.R.A.    586; 

L.R.A.1918F,  574. 
Insurance    on    children's    lives.      56    L.R.A, 

591. 
To  taking  out  of  life  insurance  by  relative 

on  one's  life.     54  L.R.A.  233. 
Of  husband   to   wife's   use  of   his   funds   to 

insure  his  life.     53  L.R.A.  825. 

V.  The  policy  or  contract;  constitution 
and  by-laivs. 

a.  In  general, 

§36.  Generally. 

Contracts  by  foreign  companies,  see  supra, 

§§  6-8. 
Conflict   of    laws    as    to,    see    Conflict    of 

Laws,  §  8. 
Measure  of  damages  for  breach  of  insurance 

contract,  see  Damages,  §  23. 
Evidence  as  to,  see  Evidence,  §  279. 

Inheritance  tax  on  proceeds  of  life  insur- 
ance.    L.R.A.1917D,  636. 

Effect  of  war  on  contracts  with  alien 
enemies.     L.R.A.1917C,  675. 

Applicability  of  rule  excluding  parol  evi- 
dence to  vary  contract  in  favor  of  or 
against  a  stranger  to  the  contract. 
L.R.A.1916A,  596,  608. 

Terms  and  conditions  of  usual  written 
policy  as  affecting  a  claim  under 
an  oral  contract  of  insurance  or 
for  damages  for  breach  of  con- 
tract to  issue  policy.  48  L.R.A. 
(N.S.)   319. 

Effect  of  carriage  of  contraband  upon  ma- 
rine insurance.    5  B.  R.  C.  58. 

Right  of  assessment  company  to  change 
plan  or  class  of  policies.  1  L.R.A. 
(N.S.)  623. 

Right  to  reject  policy  for  nonconformance  to 
representations  of  insurer's  agent.  41 
L.R.A.  (N.S.)   1130. 

Collection  of  insurance  policy  during  life- 
time of  testator  as  ademption  of 
specific  legacy  thereof.  40  L.R.A. 
(N.S.)    561. 

Insurance,  in  name  of  partnership,  of  prop- 
erty the  legal  title  of  which  is  in  tlie 
name  of  individuals,  40  L.R.A. (N.S.) 
152. 

Liability  of  insurance  company  for  negli- 
gent delay  in  passing  upon  or  issuing 
policy  until  after  loss.  40  L.R.A. 
(N.S.)    164. 

Insurance  on  property  the  subject  of  a 
voidable  preference  under  the  bank- 
ruptcy act,    41  L,R,A,(N.S.)  1012, 

Ratification  after  loss  of  unauthorized  act 
of  another  in  securing  fire  insurance. 
42  L,R,A.(N.S,)    1025, 

Presumption  as  to  time  of  alteration  in 
policy.    39  L.R.A.(N,S,)  114. 


INDEX  TO  L.R.A.  NOTES. 


723 


INSURANCE,  VI.  a— cont'd 

Federal  courts  following  state  decisions  as 

to     insurance     contracts.       40    L.R.A, 

(N.S.)411. 

§   3  7.  On  life  of  minor. 

Policies  taken  out  by  minors.  57  L.R.A. 
496. 

Insurance  to  secure  creditors.  57  L.R.A. 
497. 

Policies  taken  out  bv  others  on  infant's 
life.     57  L.R.A.  499. 

Insurance  in  benefit  societies.  57  L.R.A. 
502. 

Surrender  or  disaffirmance  of  policy  on  in- 
fant's life.    57  L.R.A.  504. 

Infants  as  members  of  co-operative  com- 
pany.    17  L.R.A.  547. 

Insurable  interest  in  life  of  parent  or  child, 
54  L.R.A.  225. 

Insurable  interest  of  brother  or  sister  in 
other's  life.    45  L.R.A.  (N.S.)   982. 

Son  as  member  of  family  of  insured.  3 
L.R.A. (N.S.)   334. 

Parent  as  member  of  family  of  insured.  3 
L.R.A.(N.S.)   334. 

Consent  of  children  as  condition  of  validity 
of  insurance  on  their  lives.  56  L.R.A. 
591. 

§   38.  Delivery  and  acceptance. 

Condition  as  to  delivery  of  policy  while 
insured  is  in  good  health,  see  infra, 
§  91. 

EfiFect  of  general  notification  by  agent  of 
arrival  of  policy,  when  the  company 
has  substituted  another  form  of  policy 
for  that  applied  for.  12  L.R.A. (N.S.) 
421, 

Effect  of  delivery  to  agent  as  delivery  to 
assured  of  policy  containing  stipula- 
tion that  it  shall  not  become  binding 
unless  delivered  to  assured  while  in 
good  health.  17  L.R.A, (N,S,)  1146; 
L,R.A.1916F,  173. 

EfTect  of  cancelation  of  policy  containing 
stipulation  that  it  shall  not  become 
binding  unless  delivered  to  assured 
while  in  good  health.  17  L.R.A. (N.S.) 
1145. 

Efi"ect  of  recital  in  pojicy  of  receipt  of  first 
premium  on  time  of  taking  effect  of 
policy.     L.R.A.1918A,  308. 

i   39.  Renewal. 

Validity  of  oral  agreement  to  renew  or  ex- 
.    teiid   policy.     22  L.R.A.   772. 

Validity  of  agreement  of  agent  to  renew 
policy  in  future.   L.R.A.1916C,  783. 

Effect  upon  renewal  of  fire  insurance  policy 
of  circumstance  invalidating  original 
policv,  but  wliich  in  the  meantime  has 
ceased  to  exist.     1  B.  R.  C.  610. 

Terms  and  conditions  of  usual  written 
policy  as  affecting  a  claim  under  an 
oral  contract  to  renew  the  policy.  48 
L.R.A. (N.S.)    321,  324. 

Assignability  of  agent's  right  to  commis- 
sions on  renewal  premiums.  18  L.R.A. 
(N.S.)    193. 

Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  VI.  a— cont'd 

Retention  of  policy  as  waiver  of  variation 
of  terms  on  renewal  of  policy  by  mis- 
take or  fraud  of  insurer  or  its  agent. 
67  L.R.A.  719. 

§40.  Dividends. 

Application  of  dividends  to  interest  on  ap- 
plying for  paid-up  policy.  15  L.R.A. 
453. 

ft.  Application   generally. 

§  41.  Generally. 

Warranties  and  representations  in,  see  in- 
fra, V.  h. 

Waiver  of  warranties  and  representations 
in,  see  infra,  VII. 

Attaching  of,  to  policy,  see  infra,  §  92. 

Failure  to  sign  application  as  avoiding  ac- 
cident,   life,    or   mutual   benefit   policy. 

4  B.  R.  C.  468. 
Insurance  agent  as  agent  of  insured  as  to 

filling  in.    20  L.R.A.  279. 
Conflict  of  laws  as  to  local  agent's  author itv 

to  accept.     63  L.R.A.  836. 
Retention  of  policy  as  waiver  of  fraud  or 

mistake   of    insurer   appearing    in.     67 

L.R.A.  734. 
Retention  of  policy  as  waiver  of  mistake  or 

fraud   as   to   signature   to.      67    L.R.A. 

718. 
Effect  of  rejection  of  portion  of.     5  L.R.A. 

(N.S.)   739. 
Effect  of  delay  in  passing  upon.     36  L.R.A. 

(N.S.)   1211;  51  L.R.A.(N.S.)   873. 

c.  Validity  generally. 

§  42.  Generally. 

Validity    of    wagering    policy,    see    supra, 

§§  24-35. 
Effect    of    war    on     contracts    with    alien! 

enemies     L.R.A.1917C,  675.  i 

Failure  to  sign  application  as  avoiding  ac- 
cident,  life,   or  mutual   benefit   policy. 

4  B.   R.  C.  468. 
Validity  of  contract,  in  violation  of  statute. 

12  L.R.A.(N'.S.)   612. 
Validitv   of   Lloyd's   policies   of    insurance. 

55 'L.R.A.  203. 
Validity     of      insurance     on      intoxicating 

liquors  as  affected  by  liquor  laws.     31 

L.R.A. (N.S.)   874. 
Insurance  on  disorderly  house  or  furniture 

therein.     18  L.R.A. (N.S.)    214;   L.R.A. 

1917B,  257. 
Effect    of    discrimination    among    insurants 

upon  the  contract  of  insurance  and  its 

incidents.      35    L.R.A.(N.S.)     485;    49 

L.R.A.(N.S.)  147. 
Marine  insurance;   validity  of  insurance  of 

enemy     property     against     seizure.      5 

B.  R.  C.  836. 
Effect  of  carriage  of  contraband  on  validity 

of  marine  insurance  policy.    5  B.  R.  C. 

60. 

§  43.  Validity  of  oral  contract  of  in- 
surance. 

Generally.     22  L.R.A.  768. 


724 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  V.  c— cont'd 

Validity    of    parol    contract    assumed.      22 

L.R.A.  769. 
Charter  or  statutory  provisions.     22  L.R.A. 

770. 
Contract  to  insure.     22  L.R.A.  771. 
Agreement  to   insure  enforced.     22  L.R.A. 

771. 
Agreement  to  renew  or  extend  the  policy. 

22   L.R.A.  772. 
Contract   not   fully   completed.     22   L.R.A. 

772. 
Parol  superseded  by  written  contract.     22 

L.R.A.  772. 
Presumption    as   to   powers   of    agent.      22 

L.R.A.  773. 
Requisites  of  a  present  oral  contract  of  in- 
surance.    6  L.R.A,(N.S.)   407. 

§  4  4.  Validity  of  fire  insurance  on 
property  illegally  used. 

General  principles.    40  L.R.A.  845. 
Violation   of  excise  laws.     40   L.R.A,   845. 
Offenses  against  public  order  and  decency. 

40  L,R.A.  847. 
Violation   of   law   taxing   occupations.     40 

L.R.A.   848. 
Insurance    on    bawdy    house    or'  furniture 

therein.     18  L.R.A.  (X.S.)    214. 

§  45.  Validity  of  life  Insurance  to  se- 
cure debt  to  insurer. 

Insurable    interest   of   creditor,    see   supra, 

§  28. 
Right  of  creditor  to  proceeds  of  insurance, 

see  infra,  §  192. 

In  general.     53  L.R.A,  462, 

Usurious  transactions.     53  L.R.A.  463. 

d.  Constitution,  rules,  and  by-laws. 

§  4  6.  Generally. 

Meaning  of  word  "family"  in  by-laws.  3 
L.R.A.(N.S.)   334. 

Power  of  insured  under  constitution,  by- 
laws, contract  or  statute  to  destroy 
rights   of   beneficiary.     49   L.R.A.   753. 

Conflict  between  by-laws  and  certificate,  or 
policy,  of  mutual  benefit  society  or  in- 
surance company.     47  L.R.A.  681. 

Necessity  for  compliance  with  by-laws  as 
to  payment  of  assessments.  38  L.R.A. 
(N.S.)    571;   L.R.A.1915E,   153. 

Validity  and  eflfect  of  by-law  of  mutual 
benefit  society  suspending  member  who 
disappears.    L.R.A.1917A,  182. 

Validity  of  by-law  of  mutual  benefit  society, 
refusing  to  pay  indemnity  upon  pre- 
sumption of  death  from  seven  years' 
absence.  L,R.A.1915B,  793:  L.R.A. 
1917C,  1032. 

Validity  and  effect  of  rule  of  benefit  society 
requiring  designation  of  beneficiary  by 
will  or  contract.    L.R.A.1918F,  777. 

§  47.  Change  of. 

Alteration  of  by-law  of  mutual  fire  insur- 
ance company.     32  L.R.A.  486. 
Begin  with  this  boolc  on  every  law  question. 


INSURANCE,  V.  d— cont'd 

Efl"eet  of  adoption  of  by-laws  by  fraternal 
insurance  order  upon  benefit  certificates 
already   issued.      1   L.R.A. (N.S,)    1065. 

Reasonableness  of  new  by-laws  as  implied 
condition  of  consent  to  change  of  by- 
laws,    8  L,R.A,(N.S.)   521. 

Retroactive  effect  of  resolution  or  by-law 
of  mutual  insurance  company  changing 
period  during  which  policy  may  be  con- 
tested for  suicide.  12  L.R.A.(N.S.) 
504. 

Validity  of  retrospective  by-law  or  other 
rule  of  benefit  association  as  to  man- 
ner of  establishing  claim,  24  L.R.A. 
(N.S.)    1027. 

Subsequent  by-law  excluding  or  reducing 
liability  in  case  of  suicide.  46  L.R.A, 
(N.S.)   308;  L.R.A.1915D,  1095. 

Retrospective  by-law  of  benefit  association 
in  relation  to  beneficiaries.  24  L.R.A. 
(N.S.)    1030;   L.R.A.1915A,  264. 

Validity  and  effect  of  by-law  of  mutual  bene- 
fit society  passed  after  insured  became 
a  member,  refusing  to  pay  benefit  upon 
presumption  of  death  from  seven  years- 
absence.     L.R.A.1917C,  1032. 

Right  of  mutual  benefit  society  to  decrease 
benefits.  31  L.R.A.(N.S.)  423;  L.R.A. 
1917C,  626. 

Right  of  mutual  insurance  company  to  in 
crease  rates.  31  L.R.A. (N.S.)  417 j 
L.R.A.1916A,  762. 


e.  Reformation;     rescission; 
tion;  surrender. 


cancela- 


§  48.  Reformation. 

Reformation  of  insurance  policy  for  mis- 
take of  soliciting  agent.  11  L.R.A. 
(N.S.)    357. 

Reformation  to  conform  to  representation 
or  estimate  as  to  accumulation,  divi- 
dends, surplus,  etc.     L.R.A.1918ir,  347. 

Relief  from  mistake  of  law  as  to  effect  of 
insurance  policy.    28  L.R.A. (N.S.)  83L 

Necessity  for  reforming  policy  before  re- 
covery in  case  of  mistake.  2  L.R.A. 
(N.S.)    548. 

Right  to  reformation  of  mortgagee  who,  by 
mistake,  is  insured  as  owner  or  in  own- 
er's name  or  vice  versa.  L.R.A.1917C, 
110. 

Effect  of  delay  in  seeking  relief  from  mis- 
take.   28  L.R.A.(N.S.)  890. 

Action  on  policy  as  bar  to  action  to  reform 
it.     12.L.R.A.(N.S.)    907. 

§  4  9.  Cancelation;  rescission. 

Return  of  premium  generally  on,  see  infra, 
§  118. 

Effect  of  insolvency  of  insurer  to  work  can- 
celation x)i  policies  so  that  no  recovery 
can  be  had  for  losses  occurring  there- 
after.   L.R.A.1917E,  1141. 

Policy  insuring  against  burglary  and  theft. 
L.R.A.1918B,  574. 

Rescission  or  cancelation  of  contract  by 
members  of  mutual  fire  insurance  com- 
pany.    32  L.R.A.  492. 


INDEX  TO  L.R.A.  NOTES. 


725 


INSURANCE,  V.  e— cont'd 

When  insurance  agent  is  agent  of  assured 
as  to  notice  of  cancelation.  20  L.R.A. 
283. 

Insurance  broker  as  agent  for  insured  as 
to  cancelation  of  policy.  38  L.R.A. 
(N.S.)   623. 

Retention  of  policy  as  waiver  of  insurer's 
mistake  or  fraud  as  to  right  to  cancel. 
67  L.R.A.  716. 

Cancelation  of  insurance  contract  by  re- 
turn  of  policy.     13   L.R,A.(N.S.)    805. 

From  what  time  does  notice  of  cancelation 
"of  fire  insurance  become  effective.  39 
L.R.A. (N.S.)    829. 

Rescission  for  insurer's  breach  of  agreement 
to  make  loan  on  policy.  30  L.R.A. 
(N.S.)  1202. 

Measure  of  damages  for  wrongful  cancela- 
tion of  policy  issued  on  assessment 
plan.  7  L.R.A.(N.S.)  1163;  L.R.A. 
■      1917E,  1035. 

§   50.  — grounds  for,  generally. 

Right  to  rescind  or  abandon  contracts  for 
other  party's  default.     30  L.R.A.  69. 

Breach  of  agreement  of  insurer  to  make 
loan  on  policy  as  justifying  rescission 
and  recovery  of  premium  by  insured. 
30  L.R.A.(N.S.)    1202. 

Right  of  insurer  to  cancelation  of  the  policy 
in  equity  before  loss,  upon  the  ground 
that  it  was  obtained  by  fraud.  45 
L.R.A. (N.S.)   222. 

Power  of  equity  to  take  jurisdiction  of  suit 
to  cancel  policy  for  fraud  and  to  en- 
join action  at  law  on  the  policy.  12 
L.R.A.  (N.S.)  881;  48  L.R.A.  (N.S.)  265. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  tb 
provision  on  right  to  cancel.  67  L.R.A. 
716. 

§  50a.  — for  nonconformance  to  repre- 
sentations of  insurer's  agent. 

Right  to  reject  or  rescind,  in  general.  41 
L.R.A.(N.S.)    1131. 

Necessity  that  applicant  rely  upon  agent's 
misrepresentations.  41  L.R.A.  (N.S.) 
1133. 

Policy  varying  from  agent's  agreement 
treated  as  counter  proposal.  41  L.R.A. 
(N.S.)    1133. 

Cases  treating  agent's  statements  as  prom- 
issory "representations.  41  L.R.A. 
(N.S.)   1133. 

Misrepresentations  made  TPhen  policy  is  ex- 
changed.    41  L.R.A.  (N.S.)    1134. 

Misrepresentations  made  by  the  agent  at 
time  of  delivering  policy.  41  L.R.A. 
(N.S.)    1135. 

Effect  of  agent's  agreement  that  applicant 
might  reject  policy.  41  L.R.A. (N.S.) 
1135. 

Misrepresentations  made  to  illiterate  per- 
sons.    41  L.R.A.  (N.S.)    1135. 

^Vhere  application  is  not  intelligible  to  one 
induced  to  insure.  41  L.R.A. (N.S.) 
1136. 

Where  agent  makes  good  his  misrepresenta- 
tion,    41  L.R.A.  (N.S.)    1137. 

Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  V.  e— cont'd 

Admissibility  of   parol   evidence   conflicting 

with    written    application.      41    L.R.A. 

(N.S.)    1137. 
Questions   for  the   jury.     41   L.R.A.(N.S.) 

1140. 
Miscellaneous.     41  L.R.A.(N.S.)   1141. 

§   51.  — conditions  of;  notice. 

Return  of  premium  as  condition  of  cancela- 
tion of  insurance.  13  L.R.A. (N.S.) 
884;  L.R.A.1916F,  444. 

Waiver.  13  L.R.A.  (N.S.)  889;  L.R.A. 
1916F,  446. 

§   52.  —effect  of. 

Effect  of  attempted  rescission  of  policy  in 
case  of  mistake  or  fraud  of  insurer  or 
its  agent.     67  L.R.A.  742. 

Attempted  rescission  of  life  policy  on  other 
grounds  as  waiver  of  false  representa- 
tions as  to  previous  applications  for 
insurance.    55  L.R.A.  137. 

Effect  of  cancelation  of  policy  containing 
stipulation  that  it  shall  not  become 
binding  unless  delivered  to  assured 
while  in  good  health.  17  L.R.A.(N.S.) 
1145. 

Necessity  of  giving  mortgagee  notice  to 
cancel  policy.     45  L.R.A. (N.S.)    463. 

Sufficiency  of  notice  to  insured  of  cancela- 
tion of  fire  policy.  50  L.R.A. 
(N.S.)  35. 

§   53.  Surrender. 

Of  policy  on  infant's  life.     57  L.R.A.  504. 

Right  of  guardian  to  surrender  policy  in 
favor  of  ward.     35  L.R.A. (N.S.)    1123. 

Surrender  of  policy  of  life  insurance,  in 
ignorance  of  the  death  of  the  insured, 
as  subject  to  rescission  as  having  been 
made  under  a  mistake  of  fact.  5  B.  R. 
C.   797. 

Beneficiary's  consent  to  surrender  of  policy 
as  affecting  his  right  to  question  va- 
lidity thereof.     L.R.A.1915A,  872. 

§   54.  —  without   beneficiary's    consent. 

Power  of  insured  to  destroy  rights  of  bene- 
ficiary by  surrendering  policy.  49  L.R.A. 
746,   751. 

Surrender  of  policy  of  ordinary  life  insur^ 
ance  without  consent  of  beneficiary. 
35  L.R.A.(N.S.)    844. 

/.  Paid-ttp  insurance;  surrender  value; 
extended  insurance;  options;  en- 
dotvnient  policies, 

§  55.  Paid-up  and  nonforf citing  poli- 
cies of  life  insurance. 

Conflict  of  laws  as  to  paid  up  insurance. 
63   L.R.A.    862;    23   L.R.A. (N.S.)    980. 

Mode  of  obtaining  paid-up  policy.  15  L.R.A. 
449. 

Need  of  demanding  paid-up  policy.  15 
L.R.A.  449. 

Time  of  demanding  paid-up  policy.  15 
L.R.A.  449. 

Effect  of  failure  to  apply  for  paid-up  in- 
surance within  time  stipulated.  51 
L.R.A.(N.S.)    1044. 


726 


I}ST>EX  TO  L.R.A.  NOTES. 


INSURANCE,  V.  f— cont'd 

Forfeiture  of  original  policy.  15  L.R.A. 
450. 

Stipulations  or  provisions  in  separate  in- 
struments.    35  L.R.A.  451. 

Payment  of  outstanding  premium  notes. 
15   L.R.A.  452. 

Failure  to  pay  interest  on  premium  notes. 
15   L.R.A.  452. 

Payment  of  premium  by  promissory  note 
as  entitling  insured  to  benefit  of  paid 
up  insurance.     5  B.  R.  C.  376. 

Application  of  dividends  or  profits  to  in- 
terest.    15  L.R.A.  453. 

Waiver  or  estoppel  as  to  forfeiture.  15 
L.R.A.   454. 

Remedies  of  insured.     15  L.R.A.  454. 

Amount  of   recovery   or   of   paid-up   policy. 

15  L.R.A.  455. 
Extension  under  Massachusetts  statute.     15 

L.R.A.  455. 

Are  paid-up  policies  within  statutes  ex- 
empting life  insurance  policies.  25 
L.R.A.  (N.S.)    722. 

Effect  of  failure  to  apply  for  paid-up  in- 
surance within  time  stipulated.  8 
L.R.A.(N.S.)    193. 

Paid-up  policy  as  insurance  within  ques- 
tion as  to  other  insurance.  32  L.R.A. 
(N.S.)    464. 

EflFect  of  statute  providing  for  application 
of  reserve  to  the  purchase  of  paid-up 
insurance.     13   L.R.A. (N.S.)    1046. 

Computation  of,  where  policy  holder  has 
borrowed  on  the  policy.  23  L.R.A. 
(N.S.)   828;  L.R.A.1918A,  906. 

§   56.  Options  of  Insured. 

Insurer's  option  to  rebuild,  see  infra,  §  174. 
Option   of   insurei    as   to   pavee,   see   infra, 
§   194. 

Effect  of  loan  as  working  forfeiture  of  op- 
tions under  policy.    L.R.A.1917A,  1241. 

Right  of  creditors  to  reach  option  ^of  in- 
sured to  receive  cash  surrender  value 
of   policy.     16  L.R.A. (N.S.)    316. 

Do  option  provisions  in  policy  of  life  in- 
surance operate  automatically.  25 
L.R.A. (N.S.)    803. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
provision  as  to  existence  of  options  at 
maturity.     67  L.R.A.  714. 

■Right  of  beneficiary  to  exercise  option  upon 
default  in  payment  of  premium.  45 
L.R.A. (N.S.)    391;   L.R.A.1916F,  1246. 

Right  of  assignee  of  policy  of  life  insurance 
to  exercise  options.     L.R.A.1918C,  570. 

§  5  7.  Cash    surrender  value. 

Right  of  creditors  to  reach  option  of  in- 
sured  to   receive   cash-surrender  value. 

16  L.R.A.(N.S.)    316. 
Computation  of  cash  surrender  value,  where 

policv  holder  has  borrowed  on  the  pol- 
icy. 23L.R.A.(N.S.)  828;  L.R.A.1918A, 
906. 

Life  insurance  policy  having  cash  surren- 
der value  as  assets  of  bankrupt.  26 
L.R.A.(N.S.)  459;  46  L.R.A. (N.S.)  148. 

Begin  with  this  book  on  every  law  question 


INSURANCE,  V.  f— cont'd 

Power  of  insured  to  destroy  rights  of  bene- 
ficiary   by   procuring.      49   L.R.A.    746. 

Payment  of  premium  by  promissory  note 
as  completing  right  to  surrender  value. 
5  B.  R.  C.  376. 

§   58.  Extended  insurance. 

Extension  under  Massachusetts  statute.    1& 

L.R.A.  455. 
Conflict  of  laws  as  to.     63  L.R.A.  862;   23 

L.R.A.(N.S.)  978,  980;  52  L.R.A. (N.S.) 

283. 
Effect  of  statute  providing  for  application 

of   reserve  to  purchase   of.     13  L.R.A. 

(N.S.)    1046. 
Computation   of,    where   policy   holder   has 

borrowed    on    the    policy.      23    L.R.A. 

(N.S.)    828;    L.R.A.1918A,  906. 
Payment  of  premium  by  promissory  note  as 

entitling  insured  to  extended  insurance. 

5  B.  R.  C.  376. 

§   58a.  Endowment    policies. 

Right  to  subject  to  claims  of  creditors.  4 
L.R.A.(N.S.)   456. 


g.  Construction. 

§   59.  Generally. 

Of  employer's  liability  policy,  see  infra, 
§  213. 

Conflict  of  laws  as  to.  63  L.R.A.  856;  52 
L.R.A.(N.S.)   279. 

Applicability  of  rule  excluding  parol  evi- 
dence to  vary  contract  in  favor  of  or 
against  a  stranger  to  the  contract. 
L.R.A.1916A,  596,  608. 

Effect  of  riders  or  slips  attached  to  insur- 
ance policies.     30  L.R.A.  636. 

Nature  of  risk  under  insurance  against 
loss  by   lightning.     26   L.R.A.   267. 

Meaning  of  "cyclone,"  "tornado,"  or  other 
kind  of  wind  storm  in  insurance  pol- 
icy.    8   L.R.A. (N.S.)    308. 

Conflict  between  by-laws  and  certificate,  or 
policy,  of  a  mutual  benefit  society  or 
insurance   company.     47   L.R.A.   68J. 

Language  of  insurance  contract  in  relation 
to  location  of  property  as  an  essential 
part  of  the  contract,  or  as  a  collateral 
warranty  or  representation.  L.R.A. 
1918B,  429. 

Scope,  application,  and  effect  of  provision  of 
accident  policy  that  the  occurrence  or 
payment  of  one  loss  shall  terminate 
policy  or  liability.     L.R.A.1918B,   506. 

§   60.  Property  covered. 

Risks  covered,  see  infra,  §§  153-171. 

Import    of   word    "additions"    in    policy    of 
fire    insurance.      33    L.R.A. (N.S.) 
156. 
Heating    apparatus    as    part   of   realty,    as 
between   owner   of   realty   and   insurer. 
1   B.  R.  C.  976. 
Retention   of   policy   as   waiver   of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
property  covered.     67  L.R.A.  721. 


INDEX  TO  L.R.A.  NOTES. 


727 


INSURANCE,  y.  g— cont'd 

Interests  covered  by  particular  designation 
of  insured  in  policy  on  property  of 
decedent's  estate.     42  L.R.A.(N.S.)    79. 

Property  covered  by  policy  on  "farming 
utensils."     L.R.A.1917B,  937. 

§   61.  Severability. 

When  contract  entire  and  when  severable, 
8  L.R.A.  834.* 

§   62.  — of  insurance  in  same  policy. 

Questions  affecting  divisibility.     51  L.R.A. 

(N.S.)    1050. 
Special  kinds  of  contract.    51  L.R.A. (N.S.) 

]066. 
Kinds   of   property   covered   by   policy.     51 

L.R.A.  (N.S.)    1066. 
Separate    buildings.      19    L.R.A.    212;      51 

L.R.A.  (N.S.)    1066. 
Building    and    contents.      19    L.R.A.    214; 
51  L.R.A.  (N.S.)   1066. 
Fixtures    and    personal    property.      51 
L.R.A.  (N.S.)   1068. 
DifTerent    classes    or    articles    of    personal 
property.      19    L.R.A.    217;    51    L.R.A. 
(N.S.)    1068. 
Effect  on   insurance  upon  buildings  of  for- 
feiture   as    to    personal    property.      19 
L.R.A.  217. 
Policies  on  live  stock.     19  L.R.A.  218.        \ 
Fraud.      19    L.R.A.    218. 
Marine   policies.     19   L.R.A.  218. 

8    62a.  Marine  insurance. 

Risks  covered  by  policy  of,  see  infra,  §  157. 
Cause  of  loss,  see  infra,  §  157. 
E.xtent  of  loss,  see  infra,  §§  175,  176. 

Severability.     19  L.R.A.  218. 

Waters  covered  by  description.  L.R.A. 
1915C,  408. 

Contraband  of  "lawful  goods."  5  B.  R.  C.  62. 

Language  of  insurance  contract  in  relation 
to  location  of  the  property  as  an  es- 
sential part  of  the  contract  or  as  a 
collateral  warranty  or  representation. 
L.R.A.1918B,  429. 


h.  Warranties;  representations;  condi- 
tions;  incontestability. 

1.  In  policies  on  property, 
(a)   In  general. 

§   63.  Generally. 

Waiver  of.  or  estoppel  as  to,  see  infra,  VII. 
In  policy  against  loss  by  burglary  or  theft, 
see  infra,  §  220. 

Terms  and  conditions  of  usual  written 
policy  as  affecting  a  claim  under  an 
oral  contract  of  insurance  or  for  dam- 
ages for  breach  of  contract  to  issue 
policy.     48  L.R.A. (N.S.)   319. 

Right  of  insured  to  return  of  premium 
where  policy  is  void  or  voidable  because 
of  misrepresentations  on  his  part.  32 
L.R.A.  (N.S.)    298. 

Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  V.  h,  1,  (a)— cont'd 

When  may  statements  be  regarded  as  rep- 
resentations, altliough  expressly  de- 
nominated in  the  policy  as  warranties, 
n  L.R.A. (N.S.)    981. 

Effect  of  qualifying  statements  or  war- 
ranties by  words  to  "best  of  my  knowl- 
edge and  belief,"  or  words  of  like  im- 
port.    43  L.R.A.  (N.S.)    431. 

Duty  to  notify  insurer  of  facts  which  de- 
velop after  submission  of  application, 
but  before  delivery  of  policy  or  cer- 
tificate.    39  L.R.A. (N.S.)   951. 

Liability  of  insurer  under  policy  of  marine 
insurance  for  losses  arising  out  of 
state  of  war  as  affected  by  warranties. 
5  B.  R.  C.  10. 

Effect  of  warranty  against  contraband  or 
illicit  trade  in  marine  insurance  policy. 
5  B.  R.  C.   64. 

Liability  of  insurer  of  vessel  or  cargo  "war- 
ranted free  from  capture."  5  B.  R. 
C.  74. 

§   64.  liloyds  policies. 

Warranties  in  case  of  Lloyds  policies.     55 

L.R.A.   202. 
Concealment  of  facts  by  insured  in  case  of 

Lloyds  policies.     55  L.R.A.  201. 

§   65.  Dimension  of  property. 

Misrepresentation  as  to  dimensions  of  in- 
sured building.     20   L.R.A.  (N.S.)    340. 

(h)    Title;    otvnership;    encumbrances. 

§   66.  Generally. 

Sufficiency  of  title  of  tenant  to  fixtures 
placed  by  him  on  premises  under  agree- 
ment for  their  removal.  L.R.A.1915E, 
830. 

Vendee  under  executory  contract  as  owner, 
where  vendor  holds  legal  title.  20 
L.R.A.  (N.S.)    775. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  as  to  title.    67  L.R.A.  731. 

Effect  of  insurance  broker's  knowledge  as 
to  title.     38  L.R.A. (N.S.)   63/'. 

Conclusiveness  of  statements  as  to  owner- 
ship, etc.  in  proof  of  loss.  44  L.R.A. 
859. 

Effect  of  warranty  as  to  ownership  on  liabil- 
ity of  insurer  under  policy  of  marine 
insurance  for  losses  arising  out  of  state 
of  war.    5  B.  R.  C.  18. 

§   67.  Complete  or  full  ownership. 

How  far  an  undivided  interest  in  property 
is  a  complete  or  full  ownership.  18 
L.R.A.  481. 

§  68.  Sole  and  unconditional  owner- 
ship. 

Owner  of  equitable  title  as  sole  and  uncon- 
ditional owner  of  property  the  legal 
title  of  which  is  in  another.  L.R.A. 
1918E,  375. 

Effect  of  bond  for  title  to  defeat  uncondi- 
tional and  sole  ownership.  2  L.R.A. 
(N.S.)   512, 

Vendor's  lien  as  affecting  sole  and  uncondi- 
tional ownership.     7  L.R.A, (N.S.)   627. 


728 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  V.  h,  1,  (b)— cont'd 

Failure  to  record  conveyance  to  insured  as 
affecting  his  "sole  and  unconditional 
ownership."      22   L.R.A.(N.S.)    732. 

Title,  for  purpose  of  insurance,  of  house  on 
government  land  under  homestead  en- 
try, as  within  sole  and  unconditional 
ownership  clause  in  insurance  policy. 
8  L.R.A.(N.S.)    903. 

Want  of  title  to  land  where  insured  is 
sole  and  absolute  owner  of  build- 
ing.    38   L.R.A.(N.S.)    427. 

Judgment  as  violation  of  provision  requir- 
ing sole  and  unconditional  ownership. 
50  L.R.A.(N.S.)    1164. 

Outstanding  contract  for  sale  of  property 
as  defeating  sole  and  unconditional 
ownership  by  vendor.  52  L.R.A.  (N.S.) 
670. 

Mortgage  or  instrument  given  as  security 
as  breach  of  condition  as  to  sole  and 
unconditional  ownership.  L.R.A.1915D, 
812. 

§   69.  Change  of  title  or  interest. 

Temporary  change,  see  infra,  §  84. 

Provision  against  alienation  or  change  in 
interest,  title,  or  possession  as  applying 
to  interest  of  cotenant.  L.R.A.1917A, 
32. 

Effect  of  consent  after  loss  to  change  of 
o^vne^ship.    L.R.A.1917F,  1042. 

Contract  to  convey  as  breach  of  condition 
against  change  in  title  or  interest.  3 
L.R.A.(N.S.)    107. 

Delivery  of  deed  in  escrow  as  a  change  of 
title  or  interest.     38  L.R.A. (N.S.)   142. 

Termination  of  liability  of  members  of 
mutual  fire  insurance  company  by 
transfer  of  property  insured.  32  L.R.A. 
494. 

Acquisition  by  mortgagee  of  title  to  prop- 
erty covered  by  policy  protecting  mort- 
gagee's interest,  as  breach  of  condi- 
tion against  sale  or  transfer  of  title. 
23  L.R.A.(N.S.)    1147. 

Variance  between  assignment  or  transfer 
of  property  and  insurer's  consent  there- 
to.    42  L.R.A.(N.S.)    173. 

§   70.  —change  In  partnership  interest. 

Effect  of  transfer  by  one  partner  of  his 
interest  in  insured  property  to  other 
members  of  firm  as  a  prohibited  change 
or  alienation  of  interest.  18  L.R.A. 
482. 

Formation  of  partnership  or  change  in  per- 
sonnel of  firm  as  effecting  a  change  of 
title  or  ownership.  21  L.R.A.{N.S.) 
442. 

§    71.  — by  judicial  proceedings. 

Judgment  as  cliange  of  interest  or  title. 
50  L.R.A.(N.S.)    1164. 

Effect  of  bankruptcy  or  insolvency  proceed- 
ings or  assignment  for  benefit  of  credit- 
ors on  fire  insurance.  15  L.R.A. (N.S.) 
827. 

Effect  of  appointment  of  receiver  for  in- 
sured on  fire  insurance.  19  L.R.A. 
(N.S.)    643. 


Begin  with  this  booTe  on  every  law  question. 


INSURANCE,  V.  h,  1,  (b)— cont'd 
Levy  of  execution,  attachment,  or  other 
process  upon  insured  property  as 
change  in  interest,  title,  or  possession. 
24  L.R.A.(N.S.)  803. 
Sale  of  insured  property  by  judicial  pro- 
ceedings as  change  in  title,  interest, 
or  possession.     24  L.R.A.(N.S.)    807. 

§   72.  —by  mortgage. 

Mortgage  as  effecting  change  of  title  or  in- 
terest in  insured  property.  38 
L.R.A.  562. 

§   73.  Encumbrances  generally. 

Temporary  encumbrances,  see  infra,  §  88. 

Effect  of  condition  against  encumbrances, 
upon  renewal,  substitution,  or  altera- 
tion of  encumbrance  upon  insured 
property.     20  L.R.A.  400. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  as  to  encumbrances.  67  L.R.A. 
732,  737. 

Effect  of  insurance  broker's  knowledge  as 
to.     38   L.R.A.(N.S.)    637. 

(c)    Use,  care,  and  condition  of  prop- 
erty. 

%   74.  Generally. 

Temporary  use,  see  infra,  §§  85-87. 
Estoppel  or  waiver  as  to,  see  infra,  ^11. 

Effect  of   insurance  broker's   knowledge  as 
to   condition   or   use   of   property.      38 
L.R.A.(N.S.)    636. 
Conclusiveness    of    statements    as     to,     in 

proofs  of   loss.     44   L.R.A.   858. 
Change    in    use    or    condition    of    mill    or 
factory     as     avoiding    policy.      45 
L.R.A'(N.S.)   123. 

§   75.  Vacancy;  occupancy. 

Temporary  vacancy,  see  infra,  §  86. 

When  is  insured  property  vacant  or  un- 
occupied.    2  L.R.A. (N.S.)    517. 

Building  in  process  of  erection  as  vacant. 
4  L.R.A.(N.S.)    1137. 

Vacancy  during  change  of  tenants  as  vio- 
lation of  vacancy  clause  in  fire 
policies  covering  rented  premises. 
L.R.A.1915B,  844. 

Effect,  on  vacancy  clause,  of  tenant's  re- 
moval without  owner's  knowledge.  3 
L.R.A.(N.S.)    966. 

Necessity  of  proof  of  increase  of  risk  to 
avoid  insurance  policy  because  of  the 
vacancy  of  insured  property.  12 
L.R.A.(N.S.)   456. 

Retention  of  policy  as  waiver  of  insurer's 
mistake  or  fraud  as  to  occupancy  of 
premises.     67   L.R.A.   729. 

Effect  on  provisions  as  to,  of  agent's  rep- 
resentations or  knowledge.  4  L.R.A. 
(N.S.)    758. 

Conclusiveness  of  statements  as  to,  in 
proofs   of  loss.     44  L.R.A.   858. 

§   76.  Suspension  of  business. 

Provisions  against  ceasing  to  operate  mill 
or  machinery.     8  L.R.A.   81.* 


INDEX  TO  L.R.A.  NOTES. 


729 


INSURANCE,  V.  h,  1,  (c)— cont'd 

§    7  7.  VVatcliman. 

Stipulation  for  watchman  in  policy  against 
burglary.     46  L.R.A.  (N.S.)    5G5. 

Absence  of  watchman  without  knowledge  of 
insuied  as  a  defense.  34  L.R.A.  (N.S.) 
563. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
provision  obligating  insured  to  keep 
watchman  on  premises.    67  L.R.A.  718. 

§   7  8.  liOcatlon  of  movable  property. 

Temporary    change    in    location,    see    infra, 

§   87. 

Language  of  insurance  contract  in  relation 
to  location  of  the  property  as  an  es- 
sential part  of  the  contract  or  as  a 
collateral  warranty  or  representation. 
L.R.A.1918B,  429. 

As  affecting  lightning  insurance.  26  L.R.A. 
267. 

As  affecting  fire  insurance  thereon.  26 
L.R.A.    237. 

Effect  of  provision  permitting  temporary 
removal  of  property  from  place  of  in- 
surance designated  in  policy,  after  a 
permanent  removal  from  that  place. 
L.R.A. 1915D,  239. 

Retention  of  policy  as  waiver  of  insurer's 
mistake  or  fraud  as  to.  67  L.R.A, 
724. 

§   7  8a.  Prohibited  articles. 

Construction  and  effect  of  provisions  against 
keeping  prohibited  articles.  L.R.A. 
1917C,  278;  3  B.  R.  C.  7. 

Effect  of  temporary  keeping  of  prohibited 
articles  which  ceased  before  loss.  10 
L.R.A.(N.S.)  741;  48  L.R.A.(N.S.) 
1222;  3  B.  R.  C.  7. 


(d)  Iron-safe  clause, 

%   79.  Generally. 

Keeping    books    and    vouchers.      51    L.R.A. 
699. 

Production  of  books  and  papers.    51  L.R.A. 
702. 

Keeping  books  and  vouchers  in  a  safe,  or 
safe  place.     51  L.R.A.  709. 
Waiver.     51   L.R.A.  713;   L.R.A.1915F, 
759. 

Condition  as  to  keeping  books  in  policy  In- 
surance against  burglary  and  theft. 
L.R.A.1918B,  567/ 

What  books  and  inventories  must  be  kept 
in  a  safe  to  comply  with  the  require- 
ments of  the  iron-safe  clause.  15 
L.R.A. (N.S.)   471. 

Loss  or  destruction  of  books,  inventory, 
etc.,  as  excusing  their  production  as 
required  by  policy.  28  L.R.A.(N.S.) 
337. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
provision  obligating  insured  to  keep 
books  in  safe.     67  L.R.A.  717. 

Consult  also  L.R.A.  Digests  of  Cases, 


INSURANCE,  V.  h,  1— cont'd 

(e)    Other   insurance;   previous   appli- 
cation, 

§   80.  Generally. 

Retention  of  policy  as  waiver  of  insurer's 
mistake  or  fraud  as  to  requirement  as 
to.     67  L.R.A.  726. 

Pro  rata  clause  as  a  waiver  of  provision 
against  additional  insurance.  L.R.A. 
1918C,  343. 

Effect  of  insurance  broker's  knowledge  as 
to.     38  L.R.A.(N.S.)    638. 

Conclusiveness  of  statements  as  to,  in  proof 
of  loss.     44  L.R.A.  860. 

Condition  as  to  other  applications  or  losses 
in  policy  insuring  against  burglary  or 
theft.  46  L.R.A. (N.S.)  565;  L.R.A. 
1918B,  566. 

What  is  concurrent  insurance.  49  L.R.A. 
(N.S.)  374. 

Property  contemplated  by  provision  against 
taking  out  "additional  insurance;" 
"other  insurance;"  "double  insurance." 
L.R.A.1917E,  753. 

Procuring  of  insurance  by  mortgagee  as  a 
violation  of  provision  in  policy  of  mort- 
gagor against  other  or  additional  in- 
surance.   L.R.A.1917A,  607. 

Insurance  effected  by  one  other  than  owner 
as  violation  of  provision  against  addi- 
tional insurance.    L.R.A.1918D,  781. 

(f)   Breach  by  tenant  or  mortgagor, 

§   81.  By  tenant. 

Effect  upon  insurance  policy  of  breach  of 
condition  by  tenant.  12  L.R.A. (N.S.) 
485. 

Effect  on  vacancy  clause  of  tenant's  re- 
moval without  owner's  knowledge.  3 
L.R.A.(N.S.)  966. 

§   82.  By  mo»-tgagor. 

Effect  of  breach  of  policy  of  insurance  by 

mortgagor  on  rights  of  mortgagee. 

18    L.R.A.(N.S.)     197;    25    L.R.A. 

(N.S.)    1226;  L.R.A.1915C,  758. 

Effect  of  mortgagor's  failure  to  give  notice 

or   proof   of  loss   on  mortgagee's   right 

to  recover,     14  L.R.A. (N.S.)   459. 

(g)   Increase  of  risk,  generally. 

§   83.  Generally. 

Temporary  increase  of  risk,  see  infra,  §  89 

Indications  that  building  may  be  intention- 
ally set  on  fire  as  an  increase  of  risJ* 
31    L.R.A. (N.S.)    603. 
Condition  as  to  change  of  risk,  in  policy  in- 
suring  against   burglary   or   theft.     46 
L.R.A.(N.S.)  565;  L.R.A.1918B,  567. 
Effect  of  provision  prohibiting  presence  of 
designated  articles  on  premises.     3  B. 
R.  C.  7. 
Use  of  engine  on  farm  premises  as  viola- 
tion   of   general    provision    in    fire 
policy  against  increase  of  risk  or 
specific  provisions  relating  to  en- 
gines.    L.R.A.1915D,  187. 


730 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  V.  h,  1— cont'd 
(h)    Temporary  change  of  conditions'. 

§   84.  Change  of  title. 

Effect  of  sale  of  insured  property  in  case 
of  reconveyance  before  loss.     10  L.R.A. 

(N.S.)    738. 

§   85.  Use  of  premises. 

Effect  of  unauthorized  use  of  premises 
Avliich  ceased  before  loss  under  provi- 
sion against  such  use.  10  L.R.A.  (N.S.) 
742. 

Effect  of  unauthorized  use  of  mill  or 
factory  which  has  been  abandoned  be- 
fore loss.     45  L,R.A.(N.S.)   127. 

Effect  of  temporary  keeping  of  prohibited 
articles  on  premises  which  ceased  be- 
fore loss  under  provision  against  keep- 
ing such  articles.  10  L.R.A.  (N.S.) 
741;  48  L.R.A.(N.S.)  1222;  3  B.  R. 
C.  7. 

§   86.  —  vacancy. 

Effect  of  temporary  vacancy  ceasing  before 
loss  under  provisions  against  vacancy. 
10  L.R.A.(N.S.)    740;   28  L.R.A. (N.S.) 
593. 
Effect   of   sleeping  on   premises   to   prevent 
their  becoming  vacant   or  unoccu- 
pied  within   insurance   policy.     40 
L.R.A.(N.S.)    58. 
Vacancy    permit    as    waiver     of     previous 
vacancy.     47  L.R.A.(N.S.)   619. 

§   8  7.  —  location  of  property. 

Temporary  absence  of  insured  property 
from  location  stated  in  the  policy.     22 

L.R.A.(N.S.)  848. 

§   88.  Encumbrances  generally. 

Effect  of  temporary  encumbrances  on  prop- 
erty which  were  removed  before  loss 
under  general  provisions  against  en- 
cumbrances. 10  L.R.A. (N.S.)  739;  48 
L.R.A.(N.S.)    1222. 

§   89.  Increase  of  risk  generally. 

Scope  and  effect  of  provision  that  the  work- 
ing of  mechanics  shall  avoid  pol- 
icy.     44    L.R.A. (N.S.)     148. 

Effect  of  temporary  condition  which  ceased 
before  loss,  under  general  provision 
against  increase  of  risk,  or  specific  pro- 
vision against  certain  conditions.  10 
L.R.A.(N.S.)  736;  28  L.R.A.  (N.S.) 
593;  32  L.R.A. (N.S.)  240;  48  L.R.A. 
(N.S.)   1221. 

2.  In  life  or  accident  policies, 

(a)   In  general. 

§   90.  Generally. 

Waiver  of,  or  estoppel  as  to,  see  infra,  VII. 

When  may  statements  be  regarded  as  rep- 
resentations, although  expressly  de- 
nominated in  policy  as  warranties.  11 
L.R.A. (N.S.)    981,' 


Begin  with,  this  book  on  every  law  question. 


INSURANCE,  V.  h,  2,  (a)— cont'd 

Statements  respecting  familv  history. 
L.R.A.1917C,  866. 

Misstatement  as  to  income  of  insured. 
L.R.A.1917C,  344. 

Conflict  of  laws  as  to  effect  of  misrepresen- 
tation in  application.  63  L.R.A.  864; 
23  L.R.A.(N.S.)  981;  52  L.R.A. (N.S.) 
284. 

Admissions  or  statements  by  insured  out- 
side of  his  application  as  evidence 
against  beneficiary.  11  L.R.A. (N.S.) 
92;  49  L.R.A.(N.S.)   853. 

Admissibility  of  declarations  of  insured 
tending  to  show  good  faith  regarding 
statements  in  application.  L.R.A.1918r, 
271. 

Right  of  insured  to  return  of  premium 
where  policy  is  void  or  voidable  be- 
cause of  misrepresentations  on  his  part. 
32  L.R.A. (N.S.)    298. 

Duty  to  notify  insurer  of  facts  which  de- 
velop after  submission  of  application, 
but  before  delivery  of  policy  or  certifi- 
cate.    8  L.R.A. (N.S.)    983. 

Date  from  which  the  period  to  which  a 
defense  is  limited  in  life  insurance  pol- 
icy is  to  be  computed.  L.R.A. 191  ")!•", 
703;  L.R.A.1917B,  105. 

Effect  of  qualifying  statements  or  war- 
ranties by  words  to  "best  of  my  knowN 
edge  and  belief,"  or  words  of  like  im- 
port.    43  L.R.A. (N.S.)   431. 

Effect  of  temporary  violation  of  conditions 
or  warranties  in  policy  of  life  insur- 
ance, ceasing  before  loss.  50  L.R.A. 
(N.S.)   592. 

Character  of  residence  or  sojourn  in  pro- 
hibited place  which  will  avoid  pol- 
icy.    L.R.A.1915F,  1056. 

Effect  of  beneficiary's  knowledge  of  the 
falsity  of  a  representation  innocently 
made  by  insured.  41  L.R.A. (N.S.) 
1199. 

§  91.  Condition  as  to  delivery  while 
insured  is  in  good  health. 

Waiver  as  to,  see  infra,  §  140. 

Effect  of  stipulation  in  application  or  pol- 
icy of  life  insurance  that  it  shall 
not   become    binding    unless    deliv- 
ered   to    assured    while     in    good 
health.     17  L.R.A. (N.S.)    1144;   43 
L.R.A.  (N.S.)      725;      L.R.A.1916F, 
171. 
Effect  of  incontestable  clause  where  insured 
is   in    poor   health   when    policy   is   de- 
livered.    6  L.R.A.(N.S.)    1064'_ 
Promissory  note  as  satisfying   requirement 
that   initial   premium   must  have   been 
paid  while  assured  was  in  good  health. 
5  B.  R.  C.  375. 

§   91a.  Condition  as  to  autopsy. 

Accident  insurance;  validity,  construction 
and  effect  of  provision  in  policy  as 
to  autopsy  or  examination  of  body 
of  assured.    L.RA.1915D,  1199. 


INDEX  TO  L.R.A.  NOTES. 


731 


INSURANCE,  V.  h,  2,  (a)— cont'd 
§   92.  Attaching  or  referring  to  appli- 
cation. 

What  reference  in  policy  to  application  will 
make  it  part  of  policv.  19  L.R.A. 
(N.S.)    88;   33  L.R.A.  (N.S.)    676. 

Conflict  of  laws  as  to  necessity  of  attach- 
ing application  or  copv  thereof  to  pol- 
icv. 63  L.R.A.  867;  23  L.R.A. (N.S.) 
982;  52  L.R.A. (N.S.)  285. 

What  must  be  attached  in  order  to  satisfy 
requirement  that  "application"  be  at- 
tached to  policy.  18  L.R.A,  (N.S.) 
1190. 

Failure  to  attach  copy  of  application  .to 
policy  as  affecting  right  of  insurer  to 
rely  on  representations  or  warranties 
incorporated  in  the  policy  itself.  19 
L.R.A.(N.S.)   102. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
facts  appearing  in  application  onlj' 
where  copy  is  attached  to  policy.  67 
L.R.A.  734. 


(h)   Health,   habits,   and  occupation. 

§   93.  Generally. 

Condition  as  to  delivery  while  insured  is  in 
good  health,  see  supra,  §  91. 

Effect  of  qualifying  statements  or  war- 
ranties by  words  to  "best  of  my  knowl- 
edge and  belief,"  or  words  of  like  im- 
port.    48  L.R.A. (N.S.)   714. 

Scope  and  effect  of  questions  or  provisions 
as  to  contact  with  transmissible  disease. 
48  L.R.A. (N.S.)   714. 

Hernia  as  breach  of  condition  or  warranty 
as  to  health  or  bodily  condition.  L.R.A. 
1917B,  747. 

Who  is  engaged  in  the  liquor  business  with- 
in the  meaning  of  an  insurance  con- 
tract.    45  L.R.A.(N.S.)   1144. 

What  amounts  to  a  breach  of  warranty  as 
to  business,  profession,  or  occupation 
of  the  insured  in  a  policv  of  life  or 
accident  insurance.     L.R.A.1916F,  1030. 

Waiver  of  provision  as  to  change  of  occu- 
pation by  continued  receipt  of  dues. 
L.R.A. 19i6F,  755. 

Time  covered  by  provision  or  representa- 
tion with  respect  to  the  habits  or  oc- 
cupation of  insured.  5  L.R.A. (N.S.) 
283. 

What  constitutes  "spitting  or  coughing 
blood."    23  L.R.A.(N.S.)    917. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
provision  as  to  physical  condition  of 
insured.     67  L.R.A.  734. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
provision  as  to  occupation  of  insured. 
67  L.R.A.  736. 

§  94.  Innocent  misrepresentation  as  to 
Iiealth. 

By   insured  who  has  undiscovered  disease. 

53  L.R.A.  193. 
Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  V.  h,  2,  (b)— cont'd 
Effect   of   honest  mistake  in   answer   as   to 
health    of   insured,   warranted    bv    him 
to   be   true.      15   L.R.A.  (N.S.)    1277. 

§  95.  Temporary  change  of  occupa- 
tion. 

Temporary    pursuit   of   other   activities    as 
change   of   occupation   within   meaning 
of  accident  insurance  policy.    24  L.R.A. 
(N.S.)    1174. 
Effect  of  temporary  violation  of  condition 
as  to  occupation   in   policy  of   life  in- 
surance ceasing  before  loss.     50  L.R.A. 
(N.S.)   592. 
Accident  insurance:  provision  for  forfeiture 
or  reduction  of  benefits  in  event  of 
injury  while  engaged  in  more  haz- 
ardous occupation,  or  variations  of 
that   provision,   as   applied   to   oc- 
casional or  temporary  acts.    L.R.A. 
1915D,  312. 

§  96.  Consultation  with,  or  attendance 
of,  physician. 

What  constitutes  a  consultation  with,  or 
attendance  by,  a  physician,  within  the 
meaning  of  ap  application  for  life  in- 
surance.     18   L.R.A.  (N.S.)    362. 

Time  covered  by  question  or  representation 
as  to  consultation  with  physician.  45 
L.R.A.(N.S.)    162. 

§   9  7.  Morphinism. 

Morphinism  of  insured  as  affecting  policy. 
39   L.R.A.  265. 

§   98.  Use  of  intoxicating  liquors. 

Scope  and  effect  of  provisions  in  policies 
of  insurance  forbidding  use  of  in- 
toxicating liquor.  15  L.R.A. (N.S.) 
206;     25    L.R.A.  (N.S.)     124L 

(c)   Previotis  rejection;  other  insur- 
ance. 

§   99.  Generally. 

Waiver  of  condition  as  to  other  insurance, 
see  infra,  §  136. 

Effect  of  condition  against  other  insurance 
in     same     company.       5     L.R.A.  (N.S.) 
759, 
Previous  rejection  by  benefit  association  as 
declination     or     refusal     of     insurance 
within  meaning  of  application  for  life 
insurance,      4    L,R.A,(N.S.)     247. 
Effect  of  other  insurance  which  ceased  be- 
fore    loss     under     general     provisions 
against    other    insurance.      10    L.R.A. 
(N.S.)    740. 
Failure  to  disclose  accident  policies  in  re- 
ply to  question  as  to  other  life  insur- 
ance as  breach  of  warranty.     1  B,  R, 
C.   305, 
Character  of  insurance  or  company  covered 
by  question  in  application  for  life 
or  accident  insurance  as  to  other 
insurance    or    as    to    previous    re- 
jection of  application.     32  L,R,A. 
(N,S.)  461. 


732 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  V.  h,  2,  (c)— cont'd 

First  and  last  days  in  computing  time,  as 

to  other  insurance.     49  L.R.A.  208. 
Effect  of  insurance  broker's  knowledge  as 

to   other   insurance.     38   L.R.A.  (N.S.) 

638. 
Retention  of  policy  and  waiver  of  insured's 

mistake  or  fraud  as  to  requirement  as 

to.     67  L.R.A.  726,  735. 

§    100.  Void  or  inoperative  insurance. 

Void  or  inoperative  policies  of  insurance  as 
breach  of  a  condition  against  ad- 
ditional or  other  insurance  on 
property.    1  B.  R.  C.  39. 

§  101.  False  representations  as  to 
previous  applications  for  insurance. 

Rule  where  the  statement  is  a  mere  repre- 
sentation.    55  L.R.A.   122. 

Rule  as  to  statements  made  material  by 
agreement.      55    L.R.A.    124. 

Rule  as  to  warranties.    55  L.R.A.  125. 

Construction  with  reference  to  distinction 
between  representations  and  warran- 
ties.    65  L.R.A.  126. 

falsity  which  will  work  forfeiture.  55 
L.R.A.  128. 

Waiver  of  forfeiture.     55  L.R.A.  134. 

Statutes  prohibiting  forfeiture  for  imma- 
terial misrepresentations.  55  L.R.A. 
137. 

Application  to  mutual  aid  and  benefit  so- 
cieties.    55  L.R.A.  138. 

Misrepresentation  as  to.  previous  rejection 
as  increasing  risk.    L.R.A.1917E,  558. 


(d)   Increase   of  risk  generally. 

§   102.  Generally. 

Misrepresentation  as  to  previous  rejection 
as  increasing  risk.    L.R.A.1917E,  558. 


(e)   Incontestability. 

§   103.  Generally. 

Incontestability  of  life  insurance  under  pro- 
visions  of  the  policy  or  of  a 
statute.    42  L.R.A.  247. 
Where  the  defense  is  that  the  bene- 
ficiary has  no  interest  in  the 
life.     42  L.R.A.  256;  6  L.R.A. 
(N.S.)    747. 
Validity  of  provision  making  policy  incon- 
testable   from    date.      2    L.R.A.(N.S.) 
821. 
Applicability  of  incontestable  clause  to  non- 
payment of  premiums.    6  L.R.A.(N.S.) 
1039. 
Retroactive   effect  of   resolution   of  mutual 
insurance     company     changing     period 
during  which  policv  may  be  contested 
for   suicide.      12   L.R.A. (N.S.)    504. 
Effect  of  incontestable  clause  in  policy  con- 
taining provision  that  it  shall  not  be 
binding    unless     delivered    to    assured 
while  in  good  health.     17  L.R.A.  (N.S.) 
1145;     43    L.R.A.(N.S.)     726;     L.R.A. 
1916F,  173. 


Begin  tvith  this  hooJc  on  every  law  question. 


J  INSURANCE,  V.  h,  2,  (e)— cont'd 

Effect  of  incontestable  clause  on  right  to 
recover  life  or  accident  insurance  where 
insured  is  executed  for  crime.  L.R.A. 
1918A,  899. 

Date  from  which  the  period  to  which  a 
defense  is  limited  in  life  insurance  pol- 
icy is  to  be  computed.  L.R.A.1915r, 
703;  L.R.A.1917B,  105. 

Death  of  insured  as  interrupting  period 
after  which  policy  is  incontestable. 
L.R.A.1918D,  1198. 

Applicability  of  incontestable  clause  to  false 
statements  made  in  application  for  re- 
instatement.    46  L.R.A. (N.S.)    1056. 

Applicability  of  incontestable  clause  in  case 
of  suicide.     L.R.A.1918D,  870. 

Validity  and  application  of  incontestable 
clause  in  case  of  fi'aud  L.R.A.1917E, 
338. 


i.  Termination  generally;  suspension. 

§   104.  Generally. 

Cancelation  or  rescission,  see  supra,  §§  49- 
52. 

Termination  of  liability  of  members  of 
mutual  fire  insurance  companies.  32 
L.R.A.    492. 

First  and  last  days  in  computing  time  as 
to   life  of  policy.     49   L.R.A.   208. 

May  breach  of  policy  which  ipso  facto 
terminates  it  be  waived.  25  L.R.A, 
(N.S.)   78. 

Effect  of  war  to  terminate  insurance  con- 
tracts with  alien  enemy.  L.R.A.1917C, 
675. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
provision  as  to  duration  of  insurance. 
67  L.R.A.  712. 

§  105.  Effect  of  expulsion  from  so- 
ciety. 

Suits  on  the  benefit  certificate.  25  L.R.A. 
149. 

Damages.     25  L.R.A.  150. 

Conclusiveness  of  decision  of  tribunal  of 
mutual  benefit  society  expelling  or  sus- 
pending a  member.  52  L.R.A. (N.S.) 
806. 

j.  Forfeiture. 

§    106.  Generally. 

Cancelation  or  rescission,  see  supra,  §§  49- 
52. 

Effect  on  assignee  of  assignor's  acts  of 
forfeiture,  see  infra,  §   125. 

Power  of  insured  to  destroy  rights  of  bene- 
ficiary, see  infra,  §  126. 

Waiver  of,  or  estoppel  as  to,  see  infra,  VII. 

By  matters  occurring  after  loss,  see  infra, 
VIII. 

By  matters  relating  to  proofs  of  loss,  see 
infra,  VIII.  a. 

Forfeiture  because  of  cause  of  loss  or  in- 
jury, see  infra,  VIII.  c,  1. 

Forfeiture  because  of  cause  of  death  or 
injury,  see  infra,  VIII.  c,  2. 

For  fraud,  see  Fratjd  and  Deceit,  §  28. 


INDEX  TO  L.R.A.  NOTES. 


733 


INSURANCE,  V.  j— cont'd 

Forfeiture  of  benefit  certificate  by  default 
of  subordinate  lodge.     50  L.R.A,  111, 

Conflict  of  laws  as  to,  63  L.R.A.  862;  23 
L.R.A.(N.S.)  978;  52  L.R.A.  (N.S.) 
283. 

Of  original  policy  on  obtaining  paid-up 
policy,     15  L.R.A.  450. 

Effect  on  insurance  on  buildings  of  forfei- 
ture as  to  personal  property.  19  L.R.A. 
217. 

Power  of  insured  to  destroy  rights  of  benefi- 
ciary by  allowing  lapse  or  forfeiture. 
49  L.R.A.  741,  751. 

Validity  of  provision  in  contract  of  rail- 
road relief  department  for  forfeiture 
of  benefits  in  case  of  suit  against  the 
company  for  damages.  10  L.R.A. 
(N.S,)  198. 

8   107.  For  nonpayment  of  premiums. 

Payment  of  premiums  generally,  see  infra, 
§§  112-115, 

First  and  last  days  in  computing  time  in 
case  of  nonpayment.     49  L.R.A.  208. 

Necessity  of  affirmative  action  in  order  to 
terminate  rights  of  member  in  mutual 
benefit  society  for  nonpavment  of  dues, 
17    L.R.A, (N.S.)    246, 

Effect  of  failure  to  pay  periodical  premium 
on  policy  of  life  insurance  to  terminate 
the  same,  in  the  absence  of  a  provision 
for  forfeiture.  26  L.R.A. (N.S.)  747; 
L.R.A.1917B,  214. 

Waiver  by  ofhcers  of  subordinate  lodge  of 
forfeiture  for  nonpayment  of  assess- 
ments. 4  L.R.A. (N.S.)  421;  38  L,R,A. 
(N.S.)  571;  L.R.A.1915E,  152. 

Option  of  insurer  to  refuse  renewal  pre- 
miums on  accident  policy  as  bearing 
upon  effect  of  receipt  of  premiums  after 
due  as  a  waiver.    L.R.A.1918D,  1129. 

Nonpayment  of  premiums  as  affected  by 
incontestable  clause.  6  L.R.A. (N.S.) 
1039. 

Effect  of  failure  to  pay  assessment  between 
day  of  accident  and  time  of  death. 
26  L.R.A.  112. 

Effect  of  incapacitating  illness  or  insanity 
on  failure  to  pay  premium  when  due. 
12  L.R,A.(N.S.)  319;  46  L.R.A.(N,S.) 
637. 

Effect  of  express  stipulation  suspending  or 
avoiding  policy  in  case  of  nonpayment 
of  premium  note  at  maturity.  5  B.  R,  C. 
389, 

Effect  of  nonpayment  of  premium  note  as 
reviving  right  to  forfeit  policy  for  non- 
payment of  premium.     5  B.  R.  C.  387. 

Does  existence  of  indebtedness  from  insurer 
to  insured  in  an  amount  suflicient  to 
pay  premium  or  assessment  prevent  for- 
feiture of  policy  for  nonpayment  of  pre- 
mium. 23  L.R.A.  (N.S.)  304;  L.R.A. 
1918D,  1014. 

§    108.  — notice  of  premiums. 

€onflict  of  laws  as  to.     63  L.R.A.  862;   52 
First  and  last  days  in  computing  time  for 

notice,      49    L,R,A,   208. 
■Consult  also  L.R.A.  Digests  of  Cases. 


I  INSURANCE,  V,  j— cont'd 

Mode  of  proving  mailing  of  notice  of  ma- 
turity of  premiums  or  assessments,  7 
L,R,A,(N.S.)  238. 

Necessity  that  notice  of  maturity  of  pre- 
miums or  assessments  sent  through  the 
mail  be  received.     7  L.R.A,  (N,S,)   253. 

Effect  of  custom  to  give  insured  notice  of 
maturity  of  premium  where  insured  is 
not  otherwise  entitled  io  notice.  20 
L.R.A.(N.S.)    1037. 

fe.  Reinstatement, 

§   109.  Generally. 

Reinstatement  of  defaulted  policy  by  pay- 
ment of  premium  after  death.  14 
L.R.A.   283. 

First  and  last  days  in  computing  time 
of  payment  for.     49  L.R.A.  208. 

Judicial  control  of  discretion  as  to  rein- 
statement of  insured.  40  L.R.A. (N.S.) 
148. 

Applicability  of  incontestible  clause  to  false 
statements  made  in  application  for  re- 
instatement.    46  L.R.A. (N.S.)    1056. 

Effect  of  reinstatement  on  date  from  which 
the  period  to  which  a  defense  is  limit- 
ted  in  life  insurance  policy  is  to  be 
computed.     L.R.A.1915F,  705. 

Provision  for  nonliability  for  certain  time 
after  reinstatement.     L.R.A.1916E,  877. 

Waiver  of  conditions  of  reinstatement  of 
member  of  benefit  society.  L.R.A.1917C, 
260. 

I.  Premiums;  assessm,ents ;  rates. 

1,  In  general. 

§   110.  Generally. 

Options  upon  default  in  payment,  see  supra, 
§  56, 

Forfeiture  for  nonpayment,  see  supra,  §§^ 
107,   108, 

Discrimination  as  to,  see  infra,  §  119, 

Waiver  of  forfeiture  by  accepting  or  at- 
tempting to  collect  premium,  see  infra, 
§  134, 

Taxes  on  insurance  premiums.  57  L.R.A. 
69;  L.R.A.1918D,  958. 

Income  tax  on  commissions  on  renewal  pre- 
miums.    L.R.A.1918A,  501. 

Liability  of  carrier  for  extra  insurance  pre- 
mium which  shipper  is  compelled  to  pay 
because  of  deviation.  L,R,A,1918A, 
1066. 

Duty  to  account  for  premiums  paid  for  in- 
surance on  the  life  of  a  partner. 
L.R.A.1918B,  336. 

Agreement  made  at  inception  of  policy  with 
respect  to  payment  of  premiums  as 
discrimination  or  rebate.  L.R.A.1918D, 
194. 

Liability  of  member  of  benefit  society  to 
action  for  assessment.     23  L.R.A,  435. 

Liability  of  members  of  mutual  fire  insur- 
ance company  to  assessment.  32  L,R.A. 
496. 

Assignability  of  insurance  agent's  right  to 
commissions  on  renewal  premiums.  18 
L.R.A.CN.S.)    103. 


734 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  V.  1,  1— cont'd 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
provision  as  to  premiums.  38  L.R.A. 
(N.S.)    789. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
liability  to  assessment.    67  L.R.A.  715. 

§   111.  Premium  notes. 

Failure  of  executory  consideration  for  note 
as  affecting  purchaser  of  note  with 
knowledge  of  the  character  of  the  con- 
sideration.    46  L.R.A.(N.S.)   871. 

Promissory  note  as  payment  of  insurance 
premium.     5  B.  R.  C.  365. 

Liability  of  members  of  mutual  fire  in- 
surance company   on.      32   L.R.A.  483. 

Failure  to  pay  interest  on  notes  in  case 
of  paid-up  policy.     15  L.R.A.  452. 

Payment  of  outstanding  notes  in  case  of 
paid-up   policy.     15   L.R.A.  452. 

Suits  on  premium  notes  when  foreign  cor- 
poration has  not  complied  with  stat- 
ute as  to  doing  business  in  state.  20 
L.R.A.  407. 

When  statute  of  limitations  begins  to  run 
against  unpaid  balance  on  premium  or 
".stock"  notes  of  mutual  insurance  com- 
pany.    1  L.R.A. (N.S.)   914. 

Grace  for  payment  of  premium  after  ma- 
turity of  premium  note.  L.R.A.1917C, 
92L 

2.  Payment  of. 

§    112.  Generally. 

Forfeiture  for  nonpayment,  see  supra,  §§ 
107,  108. 

Payment  by  note,  see  supra,  §  111. 

Waiver  of  forfeiture  by  accepting,  see  in- 
fra, VII. 

Effect  of  presumption  of  death  from  ab- 
sence upon  payment  of  premiums. 
L.R.A.1918B,  93. 

Effect  of  recital  in  policy  of  receipt  of  first 
premium.     L.R.A.1918A,  308. 

Insurance  agent  as  agent  of  assured  as  to 
payment.     20  L.R.A.  286. 

Insurance  broker  as  agent  for  insured  as 
to   payment.      38    L.R.A. (N.S.)    616. 

Payment  of  outstanding  premium  notes  as 
condition  to  obtaining  paid-up  pol- 
icy.     15   L.R.A.   452. 

Priority  of  claim  for  premiums  against 
property  in  hands  of  receiver.  2  L.R.A. 
(N.S.)    1051. 

Validity  of  assignment  of  interest  in  life 
insurance  policy  to  one  paying  pre- 
mium. 3  L.R.A. (N.S.)  935;  33  L.R.A. 
(N.S.)    949. 

Payment  of  insurance  premium  by  cancela- 
tion of  agent's  indebtedness. 
L.R.A.1915A,  686. 

Check  or  draft  as  payment  of  insurance 
premium.     L.R.A.1916A,  674. 

Liability  of  mortgagee  under  mortgage 
clause  for  insurance  premium.  L.R.A. 
1917F,  379. 


Begin  with  this  ItooTc  on  every  law  question. 


INSURANCE,  V.  1,  2— cont'd 

When  mortgagor  is  excused  from  noncom- 
pliance with  his  undertaking  to  pay 
insurance  premiums.  L.R.A.1917D,, 
555. 


g   113.  Time  of. 

First  and  last  days  in  computing  time  of 
payment  for  reinstatement.  49  L.R.A. 
208. 

Grace  for  payment  of  premium  after  ma- 
turity of  premium  note.  L.R.A.1917Cy 
921;  5  B.  R.  C.  434. 

Computation  of  days  of  grace  allowed  for 
payment  of  insurance  premium  or  as- 
sessment, where  date  of  payment  or 
expiration  of  such  period  falls  on  Sun- 
day or  a  holiday.  23  L.R.A. (N.S.) 
759. 

§    114.  — after  death  of  insured. 

Payment  of  premium  after  death  to  keep 
insurance  in  force.     14  L.R.A.  283. 

Validity  of  payment  of  premium  or  assess- 
ment during  period  of  extension  agreed 
upon,  but  after  insured's  death.  2 
B.  R.  C.  191. 

Recovery  back  of  premiums  or  assessments 
paid  after  insured's  death  or  disap- 
pearance.   L.R.A.1918D,  1188. 

§   115.  What  may  be  applied  on. 

Application  of  accrued  benefits  upon  dues 
or  assessments  accruing  on  a  benefit 
certificate.     55  L.R.A.  605. 

Effect  of  provision  that  deficiency  in  assess- 
ment may  be  paid  from  reserve  or 
emergency  fund.     10  L.R.A. (N.S.)   264. 

Does  existence  of  indebtedness  from  insurer 
to  insured  in  an  amount  sufficient  to 
pay  premium  or  assessment'  prevent 
forfeiture  of  policy  for  nonpayment  of 
premium.  23  L.R.A. (N.S.)  304;  L.R.A. 
1918D,  1014. 

Allowance  to  applicant  of  agent's  commis- 
sion as  payment  of  premium.  8  L.R.A. 
(N.S.)    884. 

Commercial  paper  as  payment  of  premium. 
35  L.R.A.(N.S.)   84. 


3.  Return  of;  recovery  hack. 

§   116.  Generally. 

Action  to  recover  premiums  paid  on  life 
of  adult  insured  without  his  consent. 
56  L.R.A.  586;  L.R.A.1918F,  574. 

Right  to  return  of  premiums  on  adjudica- 
tion of  insolvency  of  insurer.  1J> 
L.R.A.(N.S.)    639. 

Repayment  of  return  premiums  to  members 
of  mutual  fire  insurance  companies. 
32  L.R.A.  488. 

Liability  of  members  of  mutual  fire  insur- 
ance company  for  return  premiums. 
32  L.R.A.  488. 

Recovery  back  of  premiums  or  assessments 
paid  after  insured's  death  or  disappear- 
ance.   L.R.A.1918D,  1188. 


INDEX  TO  L.R.A.  NOTES. 


r35 


INSURANCE,  V.  1,  3— confd 
§    117.  Where   policy   is   void   or   void- 
able. 

Return  of  assessment  on  benefit  certificate 
proving  void  for  fraud.  3  L.R.A.  (N.S.) 
114. 

Right  of  insured  to  return  of  premium 
where  policy  is  void  or  voidable 
because  of  misrepresentations  on 
his  part.     32  L.R.A. (N.S.)    298. 

Right  of  holder  of  policy  to  recover  pre- 
miums paid  upon  the  faith  of  the 
agent's  false  representation,  notwith- 
standing part  performance.  3  B.  R.  C. 
852. 

Right  to  recover  premiums  paid  on  policy 
which  is  invalid  for  want  of  insurable 
interest.  3  B.  R.O.  839;  L.R.A.1917A, 
477. 

§  118.  On  cancelation  or  rescission  of 
policy. 

Return  as  condition  of  cancelation,  see 
supra,  §  51. 

Breach  of  agreement  of  insurer  to  make 
loan  on  policy  as  justifying  rescission 
and  recovery  of  premiums  by  insured. 
30  L.R.A. (N.S.)    1202. 

Right  of  insured  to  return  of  premium 
where  insurer  -seeks  rescission  on 
ground  of  misrepresentation  by  in- 
sured.    32  L.R.A. (N.S.)   299. 

4.  Rates. 

§    119.  Generally. 

Power  of  legislature  to  regulate  life  in- 
surance   rates.      37    L.R.A. (N.S.)    778. 

Right  of  mutual  benefit  society  to  increase 
rates.  7  L.R.A.  (N.S.)  1154:  31  L.R.A. 
(N.S.)    417;   L.R.A.1916A,  762. 

Eflfect  of  discrimination  among  insurants 
upon  the  contract  of  insurance  and  its 
incidents.  35  L.R.A.(N.S.)  485;  49 
L.R.A.(N.S.)   147. 

FI.  Transfer  of  policy  or  interest 
therein. 

a.  Assigntnent  generally. 

§    120.  Generally. 

Conllict  of  laws  as  to.  63  L.R.A.  858;  23 
L.R.A.(N.S.)  978;  52"  L.R.A.  (N.S.) 
281. 

Transferees  of  policy  or  property  as  mem- 
bers of  mutual  fire  insurance  company. 
32  L.R.A.  482. 

Insanity  as  affecting  condition  as  to  suicide 
in  ease  of  assigned  policies.  35  L.R.A. 
266. 

Variance  between  assignment  of  policy  and 
insurer's  consent  thereto.  42  L.R.A. 
(N.S.)    173. 

Assignment  of  insurance  on  animal.  44 
L.R.A. (N.S.)    575. 

Right  of  recovery  under  facility  of  payment 
clause  in  industrial  life  policy  in  case 
of  assignment  of  policy.  L.R.A.1916F, 
467. 

Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  VI.  a— cont'd 

Assignment  of  policy  of  life  insurance  as 
affected  by  death  of  assignee  before  in- 
sured.    L.R.A. 1916F,  785. 

Assignment  of  policy  of  life  insurance,  in 
ignorance  of  the  death  of  the  insured, 
as  subject  to  rescission  as  having  been 
made  under  a  mistake  of  fact.  5  B. 
R.  C.  797. 

Right  of  assignee  of  policy  of  life  insur- 
ance to  exercise  options.  L.R.A.1918C, 
670. 

g    121.  Assignability. 

Effect  of  consent  after  loss  to  assignment  of 
fire  policy.    L.R.A.1917F,  1042. 

§    122.  Validity  of  assignment. 

Validity  of  assignment  of  interest  in  life 
insurance  policy  to  one  paying 
premiums.  3  L.R.A.(N.S.)  935; 
33  L.R.A. (N.S.)  949. 

Validity  of  assignment  of  life  insurance 
policy  to  one  having  no  insurable  in- 
terest where  the  assignment  is  not 
made  by  way  of  cover  for  a  wager 
policy.     6  L.R.A. (N.S.)    128. 

Validity  of  assignment  of  insurance  policies 
to  persons  to  be  named  in  will.  27 
L.R.A.(N.S.)     184. 

Voidability  of  assignment  of  policy  within 
four  months  of  bankruptcy  pursuant 
to  executory  agreement  antedating  such 
period.     17  L.R.A. (N.S.)    939. 

Right  of  one  to  whom  policy  of  life  or  bene- 
fit insurance  was  assigned  by  insured 
to  proceeds  where  provisions  as  to 
change  of  beneficiary  were  not  complied 
with.     L.R.A.1916A,   877. 

Assignment  as  collateral  security  for  a  debt 
as  within  provision  against  assignment 
of  policy.     L.R.A.1918D,  1160. 

§  123.  In  case  of  bankruptcy  or  insol- 
vency. 

Assigned  life  insurance  policy  as  assets  of 

bankrupt.      26    L.R.A. (N.S.)    460. 
Life  insurance  as  assets  of  assignee  on  hia 

bankruptcy   or    insolvency.      50   L.R.A. 

46. 
Policy  assigned  to  other  than  creditors  as 

assets    of    insured    on    bankruptcy    or 

insolvency.     50  L.R.A.  43. 

§    124.  To   creditor. 

Policy  assigned  to  creditor  as  assets  of 
insured  on  bankruptcy  or  insolvency. 
50  L.R.A.  37. 

Assignment  as  collateral  security  to  one 
paying  premiums.    3  L.R.A.  951. 

§  125.  Effect  on  assignee  of  assignor's 
acts  of  forfeiture. 

Prior  acts.     18  L.R.A.   136. 

Subsequent  acts.      18   L.R.A.   137. 

Assignmei\i  after   loss.     18  L.R.A.   138. 

Effect  of  breach  of  policy  by  grantor  on 
rights  of  mortgagee  to  whom  policy 
has  been  assigned.  18  L.R.A. (N.S.) 
197. 


r36 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  VI.  a— cont'd 
g    12  6.  Power    of    insured     to    destroy 
rights  of  beneficiary. 

In  cases  of  regular  life  policies.     49  L.R.A. 

737. 
In  cases  of  benefit  societies.     49  L.R.A.  749. 

b.  Change  of  beneficiary. 

§   12  7.  Generally. 

Surrender  of  policy  without  beneficiary's 
consent,  see  supra,  §   54. 

Power  of  insured  to  destroy  rights  of  bene- 
ficiary,  see  supra,   §   126. 

Conflict  of  laws  as  to.     63  L.R.A.  862. 

Statute  permitting  change  of  beneficiary  as 
affecting  rights  of  beneficiary  under 
policy  previously  issued.  8  L.R.A. 
(N.S.)    923. 

Effect  of  death  of  assured  before  contem- 
plated change  of  beneficiary  is  com- 
plete. 34  L.R.A. (N.S.)  277:  L.R.A. 
1915A,  580. 

Beneficiary's  consent  to  designation  of  new 
beneficiary  as  affecting  his  right  to 
question  validity  thereof.  L.R.A. 1915A, 
872. 

Marriage  of  insured  as  affecting  previous 
designation  of  beneficiary.  49  L.R.A. 
(N.S.)    141. 

Rights  and  remedies  of  prior  beneficiary 
where  insured  was  mentally  incompe- 
tent when  he  made  a  change  of  bene- 
ficiaries, or  a  change  was  accomplished 
by  fraud  or  undue  influence.  L.R.A. 
1916C,  1132. 

§    12  8.  Right  to  change. 

By  will.     4   L.R.A. (N.S.)    939;    42  L.R.A. 

(N.S.)    1161. 
As  affected  by  consideration  from  beneficiary 

originally     named.      12     L.R.A.  (N.S.) 

1206;     33     L.R.A  (N.S.)      773;     L.R.A. 

1918E,  1033. 
Constitutionality      of     statute      forbidding 

change.     49  L.R.A.(N.S.)  487. 
Necessity  of  insurer's  consent  to  change  of 
beneficiary.    L.R.A.1915A,    109. 

§    129.  Mode  of  change. 

Changing  designation  in  benefit  certificate 
otherwise  than  in  prescribed 
method.     15  L.R.A.  350. 

Right  of  one  to  whom  policy  of  life  or  bene- 
fit insurance  was  assigned  by  insured 
to  proceeds  where  provision  as  to 
change  of  beneficiaries  was  not  com- 
plied with.     L.R.A.1916A,  877. 

Right  of  original  beneficiary  in  ordinary  life 
policy  to  insist  upon  compliance  with 
provisions  governing  change  of  bene- 
ficiary.    L.R.A.1918F,  311. 

VII.  Estoppel;  waiver, 
a.  Of  insured. 

§    13  0.  Generally. 

Waiver  of  return  of  unearned  premium  as 
a  condition  of  cancelation  of  insurance. 
13  L.R.A.(N.S.)  889;  L.R.A.1916F,  446. 

Effect  of  delay  in  seeking  relief  from  mis- 
take in  insurance  contract.  28  L.R.A. 
(N.S.)    890. 


Begin  with  this  booTc  on  every  late  question. 


INSURANCE,  VII.  a— cont'd 

§    131.  Retention  of  policy  as  waiver  of 

niistalve  or   fraud  of  insurer  or   its 

agent. 

Generally.     67  L.R.A.  705. 
Time  of  misrepresentation.     67  L.l^.A.  706. 
Mistake   or    fraud   as    to    terms    of    policy. 
67    L.R.A.    708;    38    L.R.A. (N.S^) 
787. 
Mistake  or  fraud  as  to  facts   disclosed   by 

the  insured.     67   L.R.A.   721. 
Mistake  or  fraud  as  to  matters  outside  of 
the  policy  and  application.     67  L.K.A. 
738. 
Effect  of  retention   by  other  than   insured. 

67  L.R.A.  739. 
Effect    of    insured's    illiteracv.      67    L.R.A. 

740. 
Retention    with    knowledge    of    defect.      67 

L.R.A.   741. 
Distinction  between  action  at  law  and  suit 
in  equity.     67  L.R.A.  744. 

ft.  Of  insurer. 

1.  In  general. 

§    132.  Generally. 

In  case  of  paid-up  and  non-forfeiting  poli- 
cies of  life  insurance.     15  L.R.A.  454. 

Waiver  of  conditions  of  reinstatement  of 
member  of  benefit  society.  L.R.A.  191 7  C, 
260. 

Waiver  of  forfeiture  for  nonpayment  of 
premium  note  or  estoppel  to  assert  it. 
5  B.  R.  C.  410. 

Refusal  to  deliver  policy  as  agreed,  or  re- 
pudiation of  contract,  as  waiving  right 
to  insist  upon  compliance  with  terms 
and  conditions  of  usual  written  policy. 
48  L.R.A.  (N.S.)   324. 

Waiver  of  provision  in  employers'  liability 
or  other  indemnity  policies  requiring 
immediate  notice  of  accident,  claim,  or 
suit.     3  B.  R.  C.  723. 

Waiver  of  conditionc  in  policv  on  animals. 
44  L.R.A. (N.S.)  578, 

Waiver  of  provision  that  the  working  of 
mechanics  shall  avoid  the  policy.  44 
L.R.A.(N.S.)    151. 

To  denv  liability  on  policv  against  burglary 
or  theft.  46  L.R.A.  ('N.S. )  573;  L.R.A. 
1918B,  574. 

Vacancy  permit  as  a  waiver  of  previous 
vacancy.     47  L.R.A. (N.S.)   619. 

Effect  of  knowledge  of  agent  that  prohibited 
articles  were  kept  on  insured  premises. 
L.R.A.1917C,  294. 

Furnishing  blanks  for  proofs  of  loss  or 
claim  as  a  waiver  of  breaches  of  con- 
dition or  forfeiture.   L.R.A.1917A,  1065. 

Waiver  of  condition  as  to  location  of  prop- 
erty.    26  L.R.A.  242. 

May  a  breach  of  an  insurance  policy  which 
ipso  facto  terminates  it  be  waived.  25 
L.R.A. (N.S.)    78. 

Estoppel  of  mutual  benefit  society  by  mis- 
representations as  to  laws  of  the  order. 
14  L.R.A.(N.S.)    540. 

Waiver  by  subordinate  lodge  of  right  of 
benefit  assocation  to  insist  upon  for- 
feiture of  benefit  because  of  violation 
of  laws  of  association.  10  L.R.A. (N.S.) 
136. 


INDEX  TO  L.R.A.  NOTES. 


787 


INSURANCE,  VII.  b,  1— cont'd 

Waiver  of  return  of  unearned  premium  as 

a  condition  of  cancelation  of  insurance. 

13  L.R.A.(N.S.)    889. 
Of  change  of  beneficiary  in  otlierwise  than 

by  prescribed  method.     15  L.R.A,  350. 

§  133.  By  failure  to  speak  or  act  after 
notice  of  breach. 

Does  failure  of  the  insurer  to  speak  or  act 
after  notice  of  breach  of  policy 
constitute  a  waiver  thereof.  25 
L.R.A.  (N.S.)  1;  51  L.R.A.  (N.S.) 
261. 

§  134.  By  acceptance  or  attempt  to 
collect   premium. 

Acceptance  of  premiums  as  waiver  of  pro- 
vision of  policv  as  to  form  of  receipt 
therefor.      18    L.R.A.  (N.S.)     1219. 

Unsuccessful  attempt  to  collect  premium  as 
waiver  of  forfeiture.  18  L.R.A. (N.S.) 
902;  44  L.R.A. (N.S.)   371. 

Waiver  of  provision  as  to  change  of  occu- 
pation bv  continued  receipt  of  duos. 
27  L.R.A." (N.S.)  446;  L.R.A.1916F,  755. 

EflFect  of  acceptance  or  retention  of  pre- 
mium on  stipulation  that  policy  shall 
not  become  binding  imless  delivered  to 
assured  while  in  good  health.  43  L.R.A. 
(N.S.)    728;  L.R.A.1916F,  176. 

Option  of  insurer  to  refuse  renewal  pre- 
miums on  accident  policy  as  bearing 
upon  etfect  of  receipt  of  premium?  after 
due  as  a  waiver.    L.R.A.1918D,  1129. 

g  135.  As  to  books,  papers,  and  vouch- 
ers. 

Of    condition    as    to    keeping    books    and 

vouchers.     51  L.R.A.  702. 
Of    condition    as    to    production    of    books 

and   papers.     51  L.R.A.  708. 
Of     condition     as    to    keeping    books    and 

vouchers    in    safe,    or    safe    place.      51 

L.R.A.  713;  L.R.A.1915F,  759. 

§    13  6.  As  to  other  insurance. 

Waiver  of  false  representations  as  to 
previous  applications  for  insurance  by 
receipt  of  defective  answer.  55  L.R.A. 
130. 

Waiver  of  forfeiture  because  of  false  rep- 
resentations as  to  previous  applica- 
tions.    55  L.R.A.   134. 

Notice  from  taking  previous  application  as 
waiver  of  false  representation  with  re- 
spect to  previous  applications  for  life 
or  mutual  benefit  insurance.  L.R.A. 
19]  6A,  982. 

Pro  rata  clause  as  waiver  of  provision 
against  additional  insurance.  L.R.A. 
1918C,  343. 


g    137.  As  to  arbitration. 

Waiver  of  condition  as  to  arbitration. 
L.R.A.  (N.S.)    1072. 


15 


g    138.  As  to  proof  of  loss. 

Waiver  of  notice  and  statement  of  loss. 

L.R.A.  76*. 
C'onsttU  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  VII.  b,  1— cont'd 
g    13  9.  Conditions  at  inception  of  pol- 
icy. 

Effect  of  nonwaiver  agreement  on  conditions 
existing  at  inception  of  insurance 
policy.     13   L.R.A. (N.S.)    826. 

Waiver  of  irregularities  attending  admis- 
sion to  membership  in  order  as  affect- 
ing action  on  benefit  certificate.  49 
L.R.A. (N.S.)   902. 

Effect  of  notice  to  agent  of  presence  of  pro- 
hibited articles  on  premises.  3  B.  R. 
C.  43;  L.R.A.1917C,  294. 

g  140.  — against  policy  becoming  bind- 
ing unless  delivered  to  assured 
while  in  good  health. 

Waiver  of  stipulation  in  policy  that  it  shall 
not  become  binding  unless  delivered 
to  assured  while  in  good  health. 
17  L.R.A. (N.S.)  1149;  43  L.R.A. 
(N.S.)   727;  L.R.A.1916F,  171. 

2.  By  agent  or  officer. 

g   141.  Generally. 

When   insurance  agent  !^  Jtgetit  of  assured 
as  to  waiver  of  conditions  in  policy.  2Q 
L.R.A.  285. 
Waiver   by   officer   of   subordinate   lodge   of 
forfeiture   for   nonpayment   of.  as- 
sessments.    4     L.R.A.(N.S.)    '421; 
38  L.R.A.(N.S.)  571;  L.R.A.1915E, 
152. 
Power  of  agent  to  waive  provision  in  fire 
policy   requiring  the   keeping   of  books 
and  vouchers  in  a  safe  or  safe  place. 
L.R.A.1915F,  760. 

g  142.  Forfeitures  occurring  after  is- 
suance of  policy  and  before  loss. 

Power  of  agents  to  bind  insurer  by  oral 
waiver  or  estoppel  in  pais  as  to 
forfeitures  occurring  after  issuance 
of  policy  and  before  loss,  under 
policies  of  insurance  requiring  con- 
sent or  waiver  to  be  in  writing.  10 
L.R.A.(N.S.)   1064. 

g  143.  Knowledge,  fraud,  or  mistake 
of  agent. 

Effect  of  knowledge  of  agent  acting  in  two 
capacities.     3  L.R.A.(N.S.)    444. 

Effect  of  insurance  broker's  knowledge  of 
misstatements  in  application.  38  L.R.A. 
(N.S.)    634. 

Effect  of  knowledge  by  insurer's  agent  of 
falsity  of  statements  in  applica- 
tion.    16  L.R.A.  33. 

Effect  of  agent's  insertion  in  the  applica- 
tion of  false  answers  to  questions  cor- 
rectly answered  by  the  insured.  4 
L.R.A.(N.S.)   607;  L.R.A.19ir)A,  273. 

Bad  faith  of  assured  as  affecting  estoppel 
of  insurer  to  set  up  falsity  of  answers 
in  application,  because  of  agent's  knowl- 
edge of  such  falsity.  14  L.R.A.(N.S.) 
280. 

Provisions  of  insurance  policy  in  respect  to 
vacancy,  as  affected  by  agent's  repre- 
sentations or  knowledge.  4  L.R.A. 
(N.S.)    758. 


47 


788 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  VII.  b,  2— cont'd 

Effect  of  insurance  agent's  mistake  in  desig- 
nating location  of  property.  2  L.R.A. 
(N.S.)    548. 

Parol  evidence  rule  as  affected  by  waiver  or 
estoppel  in  case  of  fraud  or  mistake  of 
agent  preparing  application.  16  L.R.A. 
(N.S.)   1233. 

3.  Parol-evidence  rule. 

§    144.  Generally. 

The  parol-evidence  rule  as  to  varying  or 
contradicting  written  contracts,  as 
affected  by  the  doctrine  of  waiver 
or  estoppel  as  applied  to  policies 
of  insurance.  16  L.R.A.  (N.S.) 
1165. 


nil.  The 


loss     and     Its 
remedies. 


adjustment; 


a.  Notice  and  proofs  of  loss  or  death. 

§   145.  Generally. 

Waiver  or  estoppel  as  to,  see  supra,  §  138. 
"Under     employer's     indemnitv     policy,     see 
infra,   §   216. 

Conflict  of  laws  as  to.  63  L.R.A.  862;  23 
L.R.A.(N.S.)    978. 

Proof  of  loss  in  case  of  Lloyd's  policies.  55 
L.R„\.  200. 

Admissibility  of  statements  of  attending 
physician  as  to  physical  condition  of 
insured.     38  L.R.A. (N.S.)   344. 

Admissibility  of  coroner's  finding  to  show 
cause  o'f  death.  68  L.R.A.  288;  45 
L.R.A. (N.S.)   404;  L.R.A.1918E,  924. 

Fraud  or  false  swearing  by  agent  of  in- 
sured in  making  proofs  of  loss.  52 
L.R.A.(N.S.)    1074. 

Effect  of  fraud  by  agent  ex  necessitate  in 
making  proofs  of  loss  under  fire  insur- 
ance policy.     9  L.R.A. (N.S.)   485. 

Furnishing  proofs  of  loss  not  under  oath  as 
substantial  compliance  with  policy  re- 
quiring proofs  under  oath.  28  L.R.A. 
(N.S.)    651. 

Waiver  of  condition  as  to  arbiti-ation  by  ac- 
cepting proof  of  loss.  15  L.R.A.  (N.S.) 
1073. 

Furnishing    blanks    for    proofs    of    loss    or 
claim  as  a  waiver  of  breaches  of  condi-  ! 
tion  or  forfeiture.     L.R.A.1917A,  1065. 

When  is  insured  charged  with  knowledge  of  i 
accident,  so  as  to  require  him  to  give  i 
notice  thereof,  as  provided  by  a  policy  \ 
indemnifying  against  liability  for  per-  j 
sonal  injuries  to  others.  16  L.R.A.  1 
(N.S.)  400. 

Insanity  or   sickness   of   insured   as   excuse 
for    failure   to   give   notice   or    furnish  ' 
proofs  of  loss  as  required  by  policy  of 
fire  insurance.    L.R.A.1917A,  305. 

Proofs  of  loss  as  waiver  of  privilege  as  to 
communications  between  physician  and 
patient.     48  L.R.A. (N.S.)   401. 

Notice  of  sickness  or  death  of  insured  ani- 
mal.    44  L.R.A.(J.'.S.)   572. 


INSURANCE,  VIII.  a— cont'd 

Notice  and  proofs  of  loss  in  case  of  insur- 
ance against  burglary  and  theft.  46- 
L.R.A.(N.S.)    571;  L.R.A.]  918B,  573. 

§    14  6.  Time  for:   delay. 

Waiver  by   delay,  sec  supra,   §   138. 

Forfeiture  by  faihire  to  furnish  proofs  of 
loss  within  a  stipulated  time.  IS' 
L.R.A.   85. 

Effect  oi  failure  to  give  notice  or  make 
proof  of  loss  within  time  required 
in  policy  in  the  absence  of  forfeit- 
ure clause.     L.R.A.1915F.   1210. 

When  delay  in  giving  notice  or  making  proof 
of  death  under  policy  of  life  insurance 
is  excusable.     41   L.R.A.(N.S.)    285. 

When  strict  compliance  with  requirement  as 
to  time  of  notice  in  accident  or  healtb 
policy  is  excused.  18  L.R.A.  (N.S.) 
109;  27  L.R.A. (N.S.)   319. 

Validity  of  provision  of  accident  or  health 
policy  reqviiring  notice  of  accident  or 
siclcness  within  specified  time.  18 
L.R.A.  (N.S.)   106. 

Nondevelopment  of  injury  as  affecting  time 
for  giving  the  notice  required  by  an 
accident  insurance  policy.  14  L.R.A.. 
(N.S.)    503. 

Delay  in  giving  notice  of  claim  under  em- 
ployers' indemnitv  policy.  38  L.R.A^ 
(N'.S.)    62;   47  L.R.A.  (N.S.)    1214. 

Effect  of  presumption  of  death  from  absence 
upon  time  for  filing  proofs.  26  L.R.A. 
(N.S.)  294;  L.R.A.1915B,  756;  L.R.A. 
1918B,  93. 

§  14  7.  Effect  on  mort^sagee  of  mort- 
gagor's failure  to  give. 

Effect  of  failure  of  m.ortgagor  to  give  notice 
or  proof  of  loss  upon  right  of  mortgagee 
to  recover  under  tlie  policy.  14  L.R.A. 
(N.S.)    459. 

§   148.  Effect  of  false   swearing  in. 

In  general.     32  L.R.A. (N.S.)    453. 
Overvaluation   of   property  destroyed.        32 

L.R.A. (N.S.)    4.56. 
Title  of  assured  to  property  destroyed.     32 

L.R.A.(N.S.)    457. 
Including  property  not  destroyed.  32  L.R.A. 

(N.S.)    457. 
Miscellaneous.     32   L.R.A. (N.S.)    458. 
Alateriality  of  false  statements.     32  L.R.A, 

(N.S.)    458. 
Fraudulent  intent.     32  L.R.A.(N.S.)   459. 
Injury  to  insurer.     32  L.R.A.  (N.S.)    459. 
False  swearing  as  to  part  only  of  subject  of 

insurance.     32  L.R.A. (N.S.)   460.' 
Miscellaneous  cases.     32  L.R.A.  (N.S.)    4fll. 


§    149.  Oonclusivencss    of,    as    against 
insured  or  beneficiary. 

General  rule.     44  L.R.A.  846. 
In  life  insurance.     44  L.R.A.  850. 
In  fire  insurance.     44  L.R.A.  856. 


§  15  0.  Duty  of 
examination 
tion. 

Generally.     52  L.R.A 


Jicffin  with  this  bool^'  on  every  Jaw  question. 


insured    to    submit    to 
and   furnish   infomta- 

424. 


INDEX  TO  L.R.A.  NOTES. 


739 


INSURANCE,  VIII.  a— cont'd 

Validity  of  the  requirement  for  an  examina- 
tion, and  effect  of  refusal.  52  L.R.A. 
425. 

Sufficiency  of  the  demand.     52  L.R.A.  425. 

Place  of  examination.     52   L.R.A.  42(). 

Manner  of  examination;  riglit  to  have  attor- 
ney present.     52  L.R.A.  426. 

Excuses  for  failure  to  submit  to  examina- 
tion or  to  answer  questions.  52  L.R.A. 
426. 

What  questions  must  be  answered.  52 
L.R.A.  427. 

Number  of  examinations.     52  L.R.A.  427. 

b.  Submission    to    arbitration;    adjust' 
tnent  of  loss;   appi-aisal. 

§    151.  Generally. 

Waiver  of  provision  as  to,  see  supra,  §  137. 

Arbitration  of  claim  under  policy  on 
animals.    44  L.R.A. (N.S.)  579. 

Effect  of  failure  of  arbitration.  4  L.R..\. 
<N.S.)   288. 

Effect  of  award  under  terms  of  policy  upon 
mortgagee  not  a  party  thereto.  25 
L.ILA.(N.S.)   740. 

Liability  of  reinsurer  in  case  of  adjustment 
of  loss  by  reinsured.  8  L.R.A. (N.S.) 
855. 

Valuation  and  adjustment  of  claims  against 
insolvent  company.     38  L.R.A.  100. 

Time  within  which  demand  for  arbitration, 
appraisal,  inspection,  or  reinspection 
must  be  made.     L.R.A.1917A,  1086. 

Settlement  under  accident  policy  under  mis- 
take as  to  the  extent  of  the  injury. 
L.R.A.1918E,  93L 

§  152.  As  condition  precedent  to 
action  on  policy. 

In     general.     15     L.R.A.  (N.S.)      1055;     28 

L.R.A.  (N.S.)    104. 
Validity     of     provision.     16     L.R.A.(N.S.) 

1055. 
Occasion    of   appraisal   or   arbitration.      15 

L.R.A.  (N.S.)   1059. 
Requiring  compliance  with  condition.        15 

L.R.A.(N.S.)   1067. 
Effect  of  failure  of  arbitration  due  to  act 

of  insured.     15  L.R.A. (N.S.)    1071. 
Waiver  of  condition.     15  L.R.A.(N.S.)  1072. 

§  152a.  Right  to  introduce  evidence 
before  appraisers. 

Rule  where  property  totally  destroyed.  47 
L.R.A.  (N.S.)    1193. 

Where  property  not  totally  destroyed.  47 
L.R.A.  (N.S.)   1194. 

Where  appraisers  are  chosen  because  of  pe- 
culiar    knowledge.       47     L.R.A. (N.S.)  | 
1196. 

Rule  as  to  umpire  chosen  by  appraisers.  47  : 
L.R.A.  (N.S.)    1197.  i 

Miscellaneous.     47  L.R.A. (N.S.)   1197. 

§    152b.  Qualifications   of   appraisers. 

Qualilicatioiis  of  appraisers  apixiinted  pur- 
suant to  statute  or  provision  of  fire  in- 
surance policy.     52  L.R.A.  (N.S.)   497. 

Consiilt  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  VIII.— cont'd  ' 

c.  Risks  and  causes  of  loss,   injurtf,  or 
death. 

1.  Under  policies  covering  property. 

§    153.  Generally. 

Electric  between  causes  of  loss  in  case  of 
property  insurance.     L.R.A. 1918F,  i'n7. 

Cause    of   death     of     insured    animals.      44 
L.R.A.(N.S.)   570,  571. 

Conchtsiveness  of  statements  as  to,  in  proofb 
of  ioss.     44   L.R.A.  856. 

For  what  losses  or  obligations  are  members 
of  mutual  lire  insurance  compahv  li- 
able.    32    L.R.A.   483. 

Custom  to  pay  certain  class  of  losses  as  af- 
fecting liability  of  insurer  for  such  a 
loss  not  covered  bv  the  policy.  19 
L.R:A.(N.S.)  421. 

Retention  of  }>oliey  as  waiver  of  mistake 
or  fraud  of  insurer  or  agent  as  to 
provisions  as  to  risks  insnred  against. 
67  L.R.A.  711. 

Loss  by  lightning.     26  L.R.A.  267: 

Loss  caxised  by  excessive  heat,  smoke,  or  soot 
from  heating  apparatus  •wit]>out  actual 
ignition.     25   L.Bi.A.(N.S.)    501. 

Meaning  of  "cyclone,"  "tornado,"  or  other 
kind  of  wind  storm,  in  an  insurance 
policy.  8  L.R.A.(N.S.)  308;  L.R.A. 
191 5B,  1094. 

Liability  of  insurer  for  fire  caused  bv  earth- 
quake.    21  L.R.A.(N.S.}'  303. 

Loss  by  theft  during  fire.  35  L.R.A. (N.S.) 
892. 

Liability  of  insurer  for  property  destroyed 
by  mob  or  during  riot.  20  L.R.A.^N.'S.]| 
277. 

Scope  and  effect  of  provision  exempting  in- 
surer from  loss  caused  by  military  or 
usurped  power  or  order  of  civil  authori- 
ty, etc.     36  L.R.A.  ( N.S.  >   1155. 

Scope  and  eflfect  of  clause  in  fire  insuranc*- 
policy  exempting  insurer  from  liability 
for  loss  by  fire  from  or  occasioned  by 
locomotive  engines.  51  L.R.A. (N.S.) 
518. 

g    154.  Fall  of  bnildin;;. 

Fall  of  building  clause  in  fire  ■  insurance 
policies.  32  L.R.A. (N.S.)  604;  I;.R.A. 
1917F,  1064.  .,. 

§    155.  Destruction  by  insure«l. ' 

Liability  of  insurance  company  in  case  of 
intentional  destrucf^ion  of  property  bv 
insured.     17  L.R.A.(N.S.)   1«9. 

§    156.  Explosion. 

Generally.  19  L.R.A.  594;  38  L.R.A»f N.S. ; 
474.'       •  ;. 

Express  provisions  against  IdSses  from  ex- 
plosions.    19  L.R.A.  59o.- 

Insurance  against  explosions.  19  L.R.A. 
598. 

Marine  policies.     19  L.R.A.  .598. 

Similar  cases.     19  L.R.A.  598. 

Fire   insurance.     38    L.R.A.  (N.S.)    475. 

Explosion  clause  in  fire  insurance  policy. 
32  L.R.A.  (N.S.)   607. 

Effect  of  escape  and  explosion  of  gas  upon 
liability  of  insurer.     29  L.R.A.  .159. 


740 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  VIII.  c,  1— cont'd 
§    15  7.  Marine   insurance. 

Risk  insured  against  by  policy  on  profits 
from  marine  adventures.  L.R.A. 1917C, 
732. 

Liability  of  insurer  for  loss  caused  by  ex- 
plosion, 19  L.R.A.  594;  38  L.R.A. 
,     (N.S.)   474. 

Right  to  recover  under  "sue  and  labor" 
clause  in  policy  of  marine  insurance, 
for  moving  cargo  overland.  14  L.R.A. 
(N.S.)   1161. 

Liability  of  insurer  under  policy  of  marine 
insurance  for  losses  arising  out  of 
state  of  war.     5  B.  R.  C.  4. 

Effect  of  navigating  in  forbidden  waters  in 
case  of  loss  within  waters  covered  bv 
policy.     10  L.R.A.(N.S.)  742. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
voyage  covered  by  marine  policy.  67 
L.R.A.  723. 

§  158.  — elTect  of  voluntary  exposure 
to  peril. 

In  case  of  life  or  accident  policy,  see  in- 
fra,  §   364. 

Omission  to  employ  pilot.  1  L.R.A.  (N.S.) 
1095. 

Voluntary  standing.     1  L;R.A.(N.S.)    1097. 

Running  into  danger  of  capture.  1  L.R.A. 
(N.S.)    1097. 

When  peril  incurred  is  prohibited  by  stat- 
ute.    1  L.R.A.  (N.S.)  1098. 

When  peril  is  incurred  in  obeying  govern- 
mental command.  1  L.R.A.*(  N.S. )   1098. 

When  peril  incurred  was  not  proximate 
cause.     1  L.R.A.(N.S.)   1098. 

Barratrous  conduct.     1  L.R.A. (N.S.)    1098. 

Miscellaneous  cases.     1  L.R.A. (N.S.)  1098. 

2.  Under  life,   accident,   or  health 
policies. 

(a)   In  general. 

%   159.  Generally. 

By  employer's  indemnity  policy,  see  infra, 
g  214. 

Validity  and  construction  of  provision  re- 
quiring the  fact  or  circumstances  of 
loss  to  be  established  bv  eve.witness. 
.   51  L.R.A. (N.S.)  221;  L.R.A.1918F,  420. 

Interchangeableneas  of  "or"  and  "and"  in 
provision  in  insurance  policy  relating 
to  cause  or  circumstances  of  death. 
L.R.A:1915E,  695. 

Liability  under  accident  policy  for  condi- 
tion caused  by  external  infection  with- 
out cut  or  abrasion.  42  L.R.A. (N.S.) 
140. 

Liability  for  death  by  drowning.  42  L.R.A. 
*  (N.S.)    631. 

Previous  diseased  condition  as  affecting  lia- 
bility for  death  or  injury  from  acci- 
dent.    34  L.R.A. (N.S.)  445. 

Applicability  of  provisions  in  accident  pol- 
icy, exempting  insurer  or  limiting  its 
liability  for  disability  arising  from  a 
specified  condition,  when  such  condition 
is  itself  the  result  of  an  accident  occur- 
ring after  the  issuance  of  the  policy. 
8  L.R.A.(N.S.)  1014;  L.R.A.1916B,  621. 

Begin  with  this  booh  on  every  laiv  question. 


INSURANVE,  VIII.  c,  2,    (a)— cont'd 

Liability  under  accident  policy  excepting  or 
limiting  liability  for  loss  resulting  from 
disease  where  diseased  condition  results 
from  accident.     6  B.  R.  C.  530. 

War  casualties  as  within  accident  insurance. 
L.R.A.1918C,  130. 

Duty  of  insured  to  negative  death  or  acci- 
dent from  excepted  cause.  4  L.R.A. 
(N.S.)    636;    50  L.R.A. (N.S.)    1006. 

Admissibility  of  finding  of  coroner  to  show 
cause  o'f  death.  68  L.R.A.  288;  45 
L.R.A.(N.S.)   405;  L.R.A.1918E,  924. 

Conclusiveness  of  proofs  of  loss  as  to.  44 
L.R.A.  853. 

Nature  and  circumstances  of  injury  as  af- 
fecting right  to  share  in  insurance  fund 
for  policeman  and  firemen.  20  L.R.A. 
(N.S.)   1176. 

Retention  of  policy  as  waiver  of  mistake  or 
fraud  of  insurer  or  agent  as  to  provi- 
sion as  to  risks  insured  against.  67 
L.R.A.  711. 

Losses  covered  by  policy  providing  for  pay- 
ment of  sick-benefit.    L.R.A.1918B,  642. 

§    160.  Blood   poisoning. 

Liability  on  accident  policy  for  sickness  or 

death  caused  bv.     5  L.R.A.  (N.S.)   926; 

L.R.A.1917A,   1056. 
Recovery    for,   under    policy   providing   for 

payment  of  sick  benefits.     L.R.A.1918B, 

645. 

§    161.  Sunstrolve. 

Risks  covered  bv  insurance  against  sun- 
stroke. 6  L.R.A. (N.S.)  609;  L.R.A. 
1916E,  957. 

§    161a.  Asphyxiation. 

Liability  of  company  for  death  of  insured 
from.  30  L.R.A.  212;  2  L.R.A. (N.S.) 
168;  L.R.A.1917D,  740. 

§  162.  Wrong  medical  treatment  or 
svirgical  oiieration. 

Liability  under  accident  policy  for  death  or 
injury  resulting  from  surgical  opera- 
tion or  medical  treatment.  26  L.R.A. 
(N.S.)    1004;  L.R.A.1915E,  955. 

§    163.  Injury  from  exertion  or  strain. 

Right  to  compensation  on  accident  policy 
for  injury  resulting  from  exertion 
or  strain.     2  B.  R.  C.  367. 

§  164.  Voluntary  exposure  to  unneces- 
sary danger. 

In    case    of    marine    insurance,    see    supra, 

§  158. 

Exposure  to  obvious  risk  of  injury  or  obvi- 
ous danger  within  the  meaning  of  ac- 
cident   policy.      50    L.R.A.  (N.S.)     1218. 

Construction  compared  with  negligence.  40 
L.R.A.  432;  22  L.R.A. (N.S.)  779;  27 
L.R.A.(N.S.)  1164;  40  L.R.A.(N.S) 
135. 

Consciousness  of  danger.     40  L.R.A.  434. 

Risks  incident  to  duty  or  necessity.  40 
L.R.A.    437. 

Unexpected  results.     40  L.R.A.  441. 


INDEX  TO  L.R.A.  NOTES. 


741 


INSURANCE,  VIII.  c,  2  (a)— cont'd 

What  constitutes,  particulai-  cases.  40 
L.R.A.  442. 

Act  of  coupling  cars  by  one  employed  by  a 
railroad  in  some  capacitj^  other  than 
that  of  brakeman  as  "voluntary  expos- 
ure to  unnecessary  danger"  within 
meaning  of  accident  insurance  policy. 
5  B.  R.  C.  884. 

Death  by  drowning  as.  42  L.R.A.  (N.S.) 
634. 

Boarding  or  alighting  from  moving  train  as 
defense  under  general  provision  as  to 
exposure  to  danger,  10  L.R.A. (N.S.) 
957. 

Proof  of,  as  a  defense.     40  L.R.A.  448. 

§  164a.  Injury  intentionally  inflicted 
by  another  person. 

Accident  insurance;  provision  exempting 
insurer  or  limiting  its  liability  in 
case  of  an  injury  intentionally  in- 
flicted by  another.  48  L.R.A. 
(N.S.)  524. 

§  165.  External,  violent,  and  acci- 
dental means. 

External,    visible,    or    violent    character    of 

means.     2  B.  R.  C.  377. 
May  death  or  injury  from  substance  taken 
internally    be     deemed     to     have    been 
caused   by   external  means.     30  L.R.A. 
(N.S.)   118L 
Injury  or  disability  from  strain  as  within 
provision    as   to   external,    violent, 
and   accidental   means.     42   L.R.A. 
(N.S.)    562. 
Death  from  suicide  as  one  caused  by  exter- 
nal, violent,  and  accidental  means.       7 
L.R.A.(N.S.)   223. 
Does    general    requirement    as    to    external, 
violent,  and  accidental  means  apply  to 
a  separate  provision  as  to  liability  in 
case   of   death   or   injury   from   certain 
specified  causes.     27  L.R.A. (N.S.)   480. 
When   death   or  injury  may  be   deemed   to 
have  been  caused  by  accidental  means, 
though  the  voluntary  act  of  insured  was 
the    primary   cause   thereof.     5    L.R.A, 
(N.S.)    657. 
What  constitutes  external  and  visible  signs 
of    injury    within    exemption    pro- 
vision    of     accident     policy.       49 
L.R.A,(N.S.)    1022. 

§  166.  What  constitutes  an  accident 
witliin  accident  policy. 

Definitions;  general  rules.     30  L.R.A.  206. 

Intentional  injuries.  30  L.R.A.  207;  48 
L.R.A.  (N.S.)   524. 

When  death  or  injury  may  be  deemed  to 
have  been  caused  by  accidental  means, 
though  the  voluntary  act  of  the  in- 
sured was  the  primary  cause  thereof. 
L.R.A. 1915E,    127;    L.R.A.1916B,    1021. 

Injury  to  insured  by  act  of  his  own  while 
asleep,  as  an  accident.  1  L.R.A. (N.S.) 
422. 

Accident  and  disease.     30  L.R.A.  209. 

Drowning  as  an  accident.     30  L.R.A.  211. 

Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  VIIL  c,  2  (a)— cont'd 

Rupture  of  blood  vessel  as  an  accident  with- 
in accident  insurance  policy.  19 
L.R.A.(N.S.)   1206. 

Death  from  taking  poisonous  substance  as 
accident,  or  accidental  means.  L.R.A. 
1916A,  481. 

Liability  under  accident  policy  for  injury 
resulting  in  felon  or  abscess.  47  L.R.A. 
(N.S.)  924. 

Previous  diseased  condition  as  affecting  lia- 
bility for  death  or  injnrv  from  acci- 
dent. 52  L.R,A.(N.S.)  1203;  6  B.  R. 
C.  530. 

Words  "sane  or  insane"  or  other  words  re- 
lating to  mental  condition  in  suicide 
clause  in  policy  as  referring  to  pure 
accident.     17  L.R.A. (N.S.)  261. 

§  167.  Accident  on  trains  or  while 
traveling. 

Applicability  of   provision    in   accident   in- 
surance   policy    exempting    insurer    in 
case  of  accident  on  railroad  trains.     22 
L.R.A.  (N.S.)    1255. 
Scope   of   provision   exempting   insurer,   or 
limiting  its  liability,   when   insured  is 
injured  on  "roadbed"  of  railroad  com- 
pany.    8   L.R.A. (N.S.)    970. 
Boarding   or   alighting   from   moving   train 
as  defense  under  general  provisions  as 
to  exposure  to  danger.  10  L.R.A.(N.S.) 
957. 
Scope  and  construction  of  provision  for  in- 
demnity   in    case    of    injury   while 
riding  in   or   on   a   public   convey- 
ance.   37  L.R.A. (N.S.)  618;  L.R.A. 
1915C,  456. 

§  168.  Violation  of  law  or  rules  of 
insurer. 

Necessity  that  assured's  death  be  reasonable 
and  legitimate  consequence  of  vio- 
lation of  law,  in  order  to  relieve  in- 
sure!.    13  L.R.A.(N.S.)    258. 
Effect  of  the  execution  of  insured  for  crime, 
on  right  to  recover  life  or  accident  in- 
surance.    14  L.R.A.(N.S.)   356;  L.R.A. 
1918A,  898. 
Conflict  of  laws  as  to  efTect  of  execution  of 
insured  for  crime  or  conviction  of  fel- 
ony on  right  to  recover  life  or  accident 
insurance.    52  L.R.A.(N.S.)   284. 
Provision  against  liability  in  event  of  death 
or  injury  in  consequence  of  violation  of 
law,  as  applied  to  death  or  injury  re- 
sulting   from     a     personal    encounter. 
L.R.A.1917C,  199. 

I 

§  169.  Effect  of  contributory  negli- 
gence. 

Effect  of  condition   in   accident  policy  that 
insured  shall  use  due  diligence  for 
his  personal  safety  and  protection. 
3  L,R.A.  443.* 
Burden  of  proving  breach  of  condition. 
13  L.R.A.  263.* 
Contributory  negligence  as  defense  to  suit 
on  accident  policy.     13  L.R.A.  266.* 


742 


INDEX  TO  L.R.A.  NOTES. 


INSUPvANCE,  VIII.  c,  2— cont'd 
(h)    Stticitle. 

§    17  0.  Generally. 

Statute  prohiliiting  defonse  of.  42  L.R;A. 
■IGO. 

Powor  of  lo<;i.slature  to  forbid  defense  of 
suicide  in  life  insurance.  ;J1  L.R.A. 
831. 

Coufliot  of  l:nv.s  as  to.  03  L.R.A.  867;  23 
L.R.A.  (N.S.)  081;  .52  L.R.A.  (N.S.) 
284. 

.Suicide  while  sane  as  a  defense  to  an  action 
on  a  policy  or  certilicate  containing  no 
provision  as  to  effect  of  suicide.  8 
L.R.A.iN.S.)    1124. 

Deatii  from  suicide  as  one  caused  through 
external,  violent,  and  accidental  means. 
7  L.R.A. (N.S.)  223. 
•Necessity  that  suicide  be  reasonable  and 
legitimate  consequence  of  violation  of 
law  in  order  to  relieve  insurer.  13 
L.R.A. (N.S.)   261. 

Retroactive  efl'ect  of  resolution  of  mutual 
insurance  company  changing  period 
during  which  policy  may  be  contested 
for  suicide.     12  L.R.A. (N.S.)   504. 

Applicability  of  incontestable  clause  in  case 
of  suicide  of  insured.  42  L.R.A.  253, 
260;  L.R.A. 1918D,  870. 

Conclusiveness  of  proof  of  death  as  to  sui- 
cide.    44  L.R.A.  853. 

Duty  of  insured  to  negative.  4  L.R.A. 
(N.S.)    636;   50  L.R.A.(N.S.)    1008. 

Burden  of  proof,  as  to,  in  action  on  life  in- 
surance policy.     4  L.R.A.(N.S.)    636. 

Evidence  of  declarations  of  intent  to  com- 
mit suicide.     L.R.A.1916B,  822. 

Date  from  which  the  period  to  which  de- 
fense of  suicide  is  limited  is  to  be 
computed.  L.R.A.1915F,  703;  L.R.A. 
1917B,  105. 

Subsequent  by-law  excluding  or  reducing 
liability  in  case  of  suicide.  46  L.R.A. 
(N.S.)   308;  L.R.A.1915D,  1095. 

§    171.  Insanity  as  afTecting  condition  [ 
as  to  suicide. 

General  rule  as  to  effect  on  policy.  35  L.R.A. 
258. 

Degree  of  insanity  which  will  excuse.  35 
L.R.A.  259. 

Suicide,  sane,  or  insane.  17  L.R.A.  89;  35 
L.R.A.  262;  17  L.R.A. (N.S.)  260. 

The  pleadings.     35  L.R.A.  203. 

Determination  as  to  the  existence  of  in- 
sanity.    35  L.R.A.  263. 

Presumptions  and  burden  of  proof.  35 
L.R.A.  263. 

Proof  as  to  insanity.     35  L.R.A.:  264. 

Assigned  policies.     35  L.R.A.  266. 

Liability  under  accident  policy  for  death 
during  delirium.     46  L.R.A. (N.S.)   543. 

Construction  and  effect  of  provision  against 
liability  for  injury  to  or  death  of  in- 
sured while  or  when  insane.  L.R.A. 
1915E,  657. 


INSURANCE,  VIII.— cont'd 

d.  Extent  of  injury,  loss,  or  recovery; 
release. 

1.  Insurance    on    property. 


§    17  2.  Generally. 

Right    to    introduce    evidence    before     ap- 
praisers as  to,  see  supra,  §  ]52a. 

How    far    aggregate    of    several    policies    is 

binding   as   to   value   of    insured   prop- 
erty.   "26  L.R.A.  107. 
Liability  of  insurer  for  value  of  party  wall. 

20 'L.R.A. t N.S.)    226. 
Right  to  deduct  indebtedness  of  insured  ex- 
trinsic    to      insurance     contract.       37 

L.R.A.(N.S.)   556. 
Law    governing    as    to    extent    of    recovery 

on   policy.     63  L.R.A. (N.S.)    868. 
Conflict   of   laws    as   to   valued   policy.     63 

L.R.A.  866. 
Conclusiveness    of    statement    in    proofs    of 

loss  as  to  amount  of   loss.     44  L.R.A. 

856. 
Admissibility  of  books  of  account  to  prove 

amount  and  value  of  insured  goods.  52 

L.R.A.  721. 
Considerations  of  time  and  place  in  deter- 
mining value  of  personal  property. 
L.R.A.1915E,   489. 
Insurance  against  fire  loss  as  covering  loss 

of  profits.     L.R.A.1917C,  726. 
Extent     of     recovery     on     policy     insuring 

against   loss   of    profits.      L.R.A. 1917C, 

726. 
Amount    of    loss    and    recovery    on    policy 

atrainst   burglary   or   theft.      46   L.R.A. 
(N.S.)  572;  L.R.A.1918B,  573. 
Amount  of  recovery  on   policy  on  animals. 

44  L.R.A. (N.S.)   576. 
Successive    losses    under    same    fire    policy. 

46  L.R.A.(N.S.)   847. 


§  173.  Constrnctive  total  loss  of  in- 
sured building. 

In  general.  50  L.R.A.  784;  39  L.R.A. 
(N.S.)    1182;   L.R.A.1915E,  618. 

The  insurance  is  upon  the  building,  not  the 
materials.     56  L.R.A.  785. 

The  rule  of  loss  of  identity  and  specific  char- 
acter.    56  L.R.A.  785. 

The  rule  of  substantial  part  remaining 
which  is  reasonably  adapted  for  use  in 
restoring  the  building.     56  L.R.A.  788. 

Total  loss  although  foundations  are  unin- 
jured.    56  L.R.A.  791. 

Effect  of  local  ordinances  or  regulations 
preventing  repair.     56  L.R.A.  791. 

Evidence.     56  L.R^A.  792. 

Questions  of  law  and  fact.     56  L.R.A.  792. 


§    174.  Insurer's  option  to  rebuild. 

Constructio.n     and     effect     of     option.       26 

L.R.A.  853. 
Election  final.     26  L.R.A.  855. 
Waiver.   26   L.R.A.   855. 
Time.     26  L.R.A.  850,  857. 
Insurer  not  liable  for  rent.     26  L.R.A.  856. 


Begin  with  this  booJe  on  every  latv  question. 


INDEX  TO  L.R.A.  NOTES. 


743 


INSURANCE,  VIII.  d,   1— cont'd 

Right  to  control  election.     2G  L.R.A.  856. 

Estoppel.     26  L.R.A.  857. 

Exercise  of  option  a  matter  of  defense.  26 
L.R.A.  857. 

Suit  against  builder.     26  L.R.A.  857. 

Effect  of  insurer's  election  to  rebuild,  re- 
pair, or  replace  the  insured  property 
after  a  loss.     20  L.R.A.  (N.S.)    960. 

§    175.  Marine  insurance. 

Maritime  lien  for.     70  L.R.A.  389. 

Extent  of  liability  of,  for  losses  arising 
out  of  state  of  war.     5  B.  R.  C.  38. 

Does  a  policy  of  marine  insurance  against 
total  loss  only,  or  containing  an  excep- 
tion against  liability  for  partial  loss, 
cover  a  constructive  total  loss.  L.R.A. 
1916F,  1171. 

§    17  6.  — abandonment. 

Riglit  under  policy  of  marine  insurance  for 
losses  arising  out  of  state  of  war  to 
abandon  to  insurer  and  recover  as  for 
total  loss.     5  B.  R.  C.  38. 

3.  Insurance  on  persons. 

§    17  7.  Generally. 

Under  employer's  indemnity  policy,  see 
infra,  §  215. 

Law  governing  as  to  damages  and  interest 
ex  mora.     63  L.R.A.  868. 

Amount  of  recovery  in  case  of  paid-up 
policy.     15  L.R.A.  455. 

Kepresentation  or  estimate  as  to  accumu- 
lations, dividends,  surplus,  etc.  L.R.A. 
1918F,  343. 

Right  to  deduct  indebtedness  of  insured  ex- 
trinsic to  insurance  contract.  37  L.R.A. 
(N.S.)    556. 

When  burial  insurance  and  funeral  benefits 
recoverable.      23   L.R.A.(N.S.)    197. 

Construction  and  effect  of  condition  in  ac- 
cident or  health  policy  that  assured 
must  be  confined  to  the  house  to  entitle 
him  to  indemnity.  23  L.R.A. (N.S.) 
359;  42  L.R.A.  (N.S.)  700;  L.R.A. 
1918B,  998. 

Subsequent  bv-law  reducing  liability  in  ease 
of  suicide.  46  L.R.A.  (N.S.)  308; 
L.R.A.1915D,  1095. 

Provision  in  accident  insurance  policy  for 
reduction  of  benefits  in  event  of  injury 
wiiile  engaged  in  more  hazardous  occu- 
pation, or  variations  of  the  provision, 
as  applied  to  occasional  or  temporary 
acts.     L.R.A.1915D,  312. 

Extent  of  loss  or  mutilation  contemplated 
by  provision  as  to  loss  or  removal 
of  bodily  member  or  part  tiiereof. 
L.R.A.1915D,  264. 

Liability  under  accident  policy  limiting  lia- 
bility for  loss  resulting  from  disease 
where  diseased  condition  results  from 
accident.    6  B.  R.  C.  530. 

Scope,  application,  and  effect  of  provisions  of 
accident  policy  that  the  occurrence  or 
pavment  of  one  loss  shall  terminate  the 
policy  or  liability.     L.R.A.  1918B,  506. 

Settlement  undtr  accident  policy  under  mis- 
take as  to  extent  of  injury.  L.R.A. 
191 8E.  931. 

Consult  also  L.R.A.  Digests  of  Cases. 


NISUARNCE,  VIII.  d,  2— cont'd 
§    17  8.  What     constitutes     total     disa- 
bility. 

In  general.  38  L.R.A.  529;  23  L.R.A.(N.S.) 
352;  29  L.R.A. (N.S.)  635;  34  L.R.A. 
(N.S.)   126;  L.R.A.1917B,  108. 

Ability  to  do  some  small  act.  38  L.R.A. 
529;  23  L.R.A.(N.S.)  353;  L.R.A. 191715. 
109. 

Inability  to  do  anything.  38  L.R.A.  530: 
23  L.R.A. (N.S.)  352;  L.R.A.1917B,  1U9. 

Ability  to  attend  to  part  of  tlie  business. 
38  L.R.A.  531;  23  L.R.A. (N.S.)  353; 
L.R.A.1917B,  109. 

Ability  to  work  in  other  occupation.  38 
L.R.A.  534;  23  L.R.A.  (N.S.)  356: 
L.R.A.1917B,  111. 

Disability  of  particular  members.  38  L.R.A. 
535;'  23  L.R.A.  (N.S.)  358;  L.R.A. 
1917B,  112. 

Lunacy.     38  L.R.A.  537. 

Sickness.     38  L.R.A.  537. 

Old  age.     38  L.R.A.  537. 

Death.  38  L.R.A.  537;  23  L.R.A. (N.S.) 
358;  28  L.R.A. (N.S.)   742. 

"Immediately"  construed.     38  L.R.A.  538. 

"Per   week"  construed.     38  L.R.A.   539. 

Other  matters.     38  L.R.A.  539. 

Liability  to  indemnity  against  total  disa- 
bility which  results  from  an  injury  for 
which  an  independent  indemnity  is  pro- 
vided.    28  L.R.A.(N.S.)    730. 

§    17  9.  Right  to  decrease  benefits. 

Right  of  a  mutual  benefit  society  to  de- 
crease  benefits.     31   L.R.A. (N.S.)    423. 

§    180.  Release  from  liability. 

Scope  of  release  under  policy  indemnifying 
insured  against  loss  of  time  by  sickness 
or  accident.     24  L.R.A. (N.S.")    211: 

§  181.  Eff^'ct  of  insurance  on  amount 
of  recovery  for  injury. 

Effect  of  receipt  of  insurance  money  to 
mitigate  damages  for  personal  injury. 
67  L.R.A.  87;  L.R.A.  1915E,  1201. 

Effect  of  receipt  of  insurance  money  to  miti- 
gate damages  for  wrongful  death.  67 
L.R.A.  92. 

e.  Interest  in  proceeds. 

1.  Of  insurance  on  property, 

§    182.  Generally. 

Insurable  interest,  see  supra,  §§  24-26. 

Right  of  principal  to  proceeds  of  insurance 
policy  taken  by  agent  in  his  own  name. 
13  L.R.A. (N.S.)    152. 

Right  of  owner  to  benefit  of  insurance  tak- 
en out  by  carrier.    47  L.R.A. (N.S.)  J96. 

§  183.  Rights  of  vendor  and  vendee  to 
proceeds. 

Right  of  purchaser  to  benefit  of  insurance 

taken  out  by  seller  or  vendor.   37  L.R.A. 

150;  L.R.A.1918D,  938. 
Right   of   vendor   to   proceeds   of   insJirance 

policy   in  name   of  vendee.      13   L.R.A. 

(N.S.)    909. 


744 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  VIII.  e,  1— cont'd 
§   18  4.  Rights   of  creditors   generally. 
Life   insurance  as   assets  of  bankrupt,  see 
Bankruptcy,  §  20. 

Exemption  of  proceeds  of.     19  L.R.A.  34. 

Garnishment  of  claims  on  unadjusted  in- 
surance losses.  59  L.R.A.  366;  L.R.A. 
1918B,  972. 

Law  governing  right  of  creditors  in  pro- 
ceeds.     63   L.R.A.   862. 

§   185.  Rights  of  mortgagee. 

Notice  to  mortgagee  before  canceling  policy, 
see  supra,  §  51. 

Subrogation  of  insurer  to  rights  of  mort- 
gagee, see  infra,  §  197. 

Rights  of  mortgagee  to  benefit  of  insurance 
taken  in  the  name  of  mortgagor.  25 
L.R.A.   305. 

Rights  given  by  attachment  of  mortgage 
slip  to  insurance  policy.    25  L.R.A.  679. 

Right  of  mortgagee  who  by  mistake  is  in- 
sured as  owner  or  in  owner's  name,  or 
vice  versa.     L.R.A.1917C,  110. 

Pledge  or  assignment  by  mortgagee  of  his 
interest  in  the  mortgage  debt  or  prop- 
erty as  affecting  his  right  against  in- 
surer.    L.R.A.1917E,  330. 

Effect  of  settlement  between  insurer  and 
mortgagor  upon  rights  of  mortgagee 
to  whom  loss  is  made  payable  as  his 
interest  may  appear.     19  L.R.A.  321. 

Duty  of  mortgagee  to  hold  proceeds  of  in- 
surance and  apply  them  on  indebted- 
ness as  it  falls  due.  10  L.R.A.  (N.S.) 
1166. 

Interest  of  mortgagor  in  insurance  secured 
by  mortgagee  to  protect  his  own  inter- 
ests.    11   L.R.A.(N.S.)    143. 

Right  to  proceeds  of  insurance  where  loss 
occurs  after  foreclosure  sale  but  during 
the  period  of  redemption.  6  L.R.A. 
(N.S.)    448. 

Effect  of  award  under  terms  of  policy  upon 
mortgagee  not  a  party  thereto.  25 
L.R.A.{N.S.)    740. 

Admissibility  of  extrinsic  evidence  to  ex- 
tend scope  of  mortgagee  clause.  34 
L.R.A.(N.S.)     503. 

Effect  of  failure  of  mortgagor  to  give  notice 
or  proofs  of  loss  upon  right  of  mort- 
gagee to  recover  under  the  policy.  14 
L.R.A.(N.S.)  459. 

Effect  of  breach  of  policy  of  insurance  by 
mortgagor  on  rights  of  mortgagee.  18 
L.R.A.  (N.S.)  197;  25  L.R.A.  (N.S.) 
1226;  L.R.A.1915C,  758. 

2.  Of  insurance  on  persons. 


INSURANCE,  VIII.  e,  2— cont'd 

Right  of  insurance  company  to  recover  back 
money  paid  in  settlement  of  policy  on 
life  of  one  erroneously  supposed  to  be 
dead.      11   L.R.A.(N.S.)    234. 

Disposition  of  fund  in  mutual  benefit  socie- 
ty upon  failure  of  beneficiary.  17 
L.R.A.(N.S.)   1083;  L.R.A.19]8A,  3120. 

Effect  of  joining  ineligible  with  eligible 
beneficiary  in  benefit  certificate.  34 
L.R.A.(N.S.)    1192. 

Effect  of  beneficiary  in  a  mutual  benefit 
certificate  becoming  self-supporting.  7 
L.R.A. (N.S.)   393. 

Right  of  third  person  to  maintain  action 
upon  promise  of  beneficiary  to  insured 
to  pay  all  or  part  of  proceeds  of  policy 
to  such  third  person.  22  L.R.A. (N.S.) 
639. 

Who  may  recover  burial  insurance  and 
funeral  benefits.     23  L.R.A.(N.S.)    199. 

Right  of  adopted  children  under  insurance 
policy.     17  L.R.A.  438. 

Adopted,  foster,  or  stepchild  as  beneficiary 
under  contract  of  benefit  associa- 
tion.    L.R.A.1916B,  905. 

Enforceability  of  promise  by  beneficiary  to 
pay  proceeds  of  life  insurance  to  third 
person.     40  L.R.A.(N.S.)    692. 

Righi,  of  children  or  representatives  of  de- 
ceased child  to  share  in  proceeds  of 
policy  of  life  insurance  payable  to 
"children."    41  L.R.A. (N.S*)  250. 

Marriage  of  insured  as  afiecting  previous 
designation  of  beneficiary.  49  L.R.A. 
(N.S.)    141. 

Right  of  beneficiary  as  against  insured  or 
his  estate  to  proceeds  of  endowment  in- 
surance.    52  L.R.A. (N.S.)   689. 

§  187.  Who  are  "heirs"  within  life 
policy. 

In  general.     30  L.R.A.  593. 

Other  words  combined  with  the  word 
"heirs."     30  L.R.A.  594. 

Widow  as  an  heir.     30  L.R.A.  595. 

Insured  as  heir  of  beneficiary.  30  L.R.A, 
596. 

Confiict  of  laws  as  to.    63  L.R.A.  856. 

Who  are  legal  "heirs"  to  whom  fund  is  pay- 
able.   3L.R.A.(N.S.)  904. 

§   188.  Who     are     "legal     representa- 
tives" within  life  policy. 
In  general.    30  L.R.A.  609;  32  L.R.A.(N.S.) 

247. 
Other  words  combined  with  the  words  "legal 
representatives."     30  L.R.A.   610. 

§    189.  Bequest  of  policy. 

Validity  of  bequest  of  insurance  policy,  see 
Wills,  §  46. 


§    186.  Generally. 

Insurable  interest,  see  supra,  §§  27-35. 

Service    by    publication    to    give    jurisdic 
tion  of   issue   I)et\veen   nonresident  and  | 
resident  claimants  to  benefits  under  in- 
surance policy.     L.R.A. 191 7B,  393. 

Right  of  member  of  benefit  society  to  use    §    19  0.  Rights   of   widow. 
fund   for   his   own   benefit.      25    L.R.A.    Widow  as  heir  within  life  policy 
(N.S.)    814.  595. 

Begin  tvith  this  hook  on  every  law  question. 


Collection  of  insurance  policy  during  life 
time  of  testator  as  an  ademptioTi  of 
a  specific  legacy  thereof.  L.R.A. 1918D, 
540. 


30  L.R.A. 


INDEX  TO  L.R.A.  NOTES. 


745 


INSURANCE,  VIII.  e,  2— cont'd 

Widow's  riglit  to  proceeds  of  insurance  on 
deceased  husband's  life  payable  to  liim- 
self  or  his  executors  or  administrators. 
35  L.R.A.{N.S.)   964. 

Who  takes  under  designation  of  "husband," 
"wife"  or  "widow."  33  L.R.A.(N.S.) 
816,  825,  827. 

Life  insurance  policy  in  favor  of  married 
woman  or  its  proceeds  as  lier  separate 
estate.     37   L.R.A.(N.S.)    582. 

Widow's  right  to  year's  support  or  allow- 
ance out  of  insurance  money.  46 
L.R.A.(N.S.)   788. 

§  191.  —divorce  as  affecting  wife's 
right  to  insurance  upon  husband's 
life. 

Ordinary  policies  of  life  insurance.  50 
L.R.A.  552;  3  L.R.A.(N.S.)  478;  39 
L.R.A.(N.S.)    370;    L.R.A.1915D,   130. 

Benefit  certificates.  50  L.R.A.  553 ;  3  L.R.A. 
(N.S.)  478;  39  L.R.A.  (N.S.)  370; 
L.R.A.1915D,   130. 

Character  of  divorce.     50  L.R,A.  554. 

Effect  of  divorce  on  right  of  trustee  in 
bankruptcy  to  husband's  life  insurance 
policies  payable  to  wife.  41  L.R.A. 
(N.S.)    125. 

§    192.  Rights  of  creditors. 

Insurable  interest  of  creditor,  see  supra, 
§   28. 

Validity  of  life  insurance  to  secure  debt  to 
insurer,  see  supra,  §  45. 

Life  insurance  as  assets  of  bankrupt,  see 
Bankruptcy,  §  20. 

Exemption  of  insurance  money,  see  Exemp- 
tion, §  6. 

Rights  of  creditors  to  reach  option  of  in- 
sured to  receive  cash  surrender  value. 
16   L.R.A. (N.S.)    316. 

Rights  of  creditors  in  endowment  or  tontine 
policies.     4  L.R.A. (N.S.)    456. 

Extent  of  creditor's  interest  in  policy  where 
insured  becomes  bankrupt  or  insolvent. 
50  L.R.A.  41;  46  L.R.A. (N.S.)    148. 

§    193.  Effect  of  murder  of  insured. 

Murder  of  insured  as  affecting  right  to  in- 
surance. 3  L.R.A.  (N.S.)  727;  28 
L.R.A.(N.S.)   675;  L.R.A.1917B,  671. 

§   194.  Option  of  insurer  as  to  payee. 

Right  of  insurance  company,  in  making  pay- 
ment of  proceeds  of  life  policy,  to  rely 
on  clause  giving  company  option  as  to 
payee,  and  making  receipt  conclusive 
evidence  of  payment  to  proper  person. 
20  L.R.A. (N.S.)   928. 

''Facility  of  pavment"  clause  in  industrial 
life  policies.    L.R.A.1916I<\  461. 

/.  Subrogation;  set-off, 

§    195.  Subrogation. 

Construction  and  effect  of  statute  giving 
one  who  is  responsible  for  the  destruc- 
tion of  property  by  fire  the  benefit  of 
insuraiic-  ollected  by  owners.  52  L.R.A. 
(N.S.)   203. 

Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  VIII.  f— cont'd 

§    19  6.  — of  insurer  generally. 

Right  of  life  or  accident  insurance  company 
to  subrogation.     18  L.R.A. (N.S.)    211. 
Right   of    insurer   who   has   paid   a   loss   to 
maintain  action  against  tiie  party  caus- 
ing the  loss.     2  L.R.A.  (N.S.)   922. 
Right   of    insurer  which   has  paid   the   loss 
as    against    insured    who    has    re- 
covered   against    or    settled    with 
third    persons    responsible   for    the 
loss.     41  L.R.A. (N.S.)   719. 
May  one  who  destroys  property  defeat  an 
action  by  the  owner  upon  the  ground 
that  the   right  of  action  is   in   the   in- 
surer.     23    L.R.A.  (N.S.)     870;    L.R.A. 
1918F,  145. 
Effect  of  discharge  of  person  primarily  lia- 
ble for  loss  of  insured  property,  or  of 
a    contractual    provision    giving    him 
benefit    of    insurance,    upon     insured's 
right    of    action    against    insurer.      29 
L.R.A.(N.S.)   698. 
Constitutionality    of    statute    denying     in- 
surer's   right    of    subrogation    against 
person    responsible    for    destruction    of 
property.     41  L.R.A.  (N.S.)    1202. 
Settlement  between  insured  and  tort  feasor 
as  affecting  insurer's  right  to  sub- 
rogation.    L.R.A.1916A,   1282. 

§   19  7.  — of    Insurer    under    mortgage 
clause. 

Right  of  insurer  to  subrogation  to  mortgage 
on  payment  of  mortgage  debt  from  pro- 
ceeds of   insurance   on   mortgagee's   in- 
terest.    3   L.R.A.  (N.S.)    79. 
Right   of   insurer,   upon    paying   mortgagee 
under    mortgage    clause    in    policy 
issued   to   owner   of   equity   of   re- 
demption,    to     be     subrogated     to 
rights  of  mortgagee.     L.R.A.1916A, 
559. 
Rights  under  subrogation   clause   in   mort- 
gage slip  attached  to  insurance  policy. 
25  L.R.A.  681. 

§    198.  Set-off. 

See  Set-Off  and  Countebclaim,  §  7. 

g.  Contribution;  prorating;  apportion- 
ment. 

§    199.  Contribution. 

Contribution  in  case  of  Lloyd's  policies.    55 
L.R.A.  201. 

§   200.  Prorating;    apportionment. 

Pro    rata    clause    as    waiver    of    provision 

against    additional    insurance.      L.R.A. 

191 8C,  343. 
Provision   in   accident  policy  for   prorating 

in    case    of    other    insurance.      L.R.A. 

1917B,  323. 
What  constitutes  double  insurance  for  pur- 
pose   of    apportionment    of    loss.      15 

L.R.A.  127. 
Applicability    of    provision    for    prorating 

where     other     policy     is     invalid.       36 

L.R.A.  (N.S.)   350. 
Rights  given  by  prorating  clause   in  moit- 

gage  slip  attached  to  policy.    25  L.R.A. 

681. 


746 


INDEX  TO  L.R.A.  NOTES. 


INSURANCE,  VIII.  g— cont'd 

Jurisdiction  of  equity  to  adjust  losses  be- 
tween concurrent  insurance  policies  on 
same   property.      32   L.R.A.  (N.S.)    041. 

Statutory  provisions  regulating  valued  pol- 
icies as  affecting  provisions  of  pol- 
icy for  prorating  loss  in  case  of 
concurrent  insurance.  L.R.A, 
1916F,  997. 

Adjustment  between  blanket  and  specific 
fire  insurance  policies.  L.R.A. 
1912B,  509. 

h.  Remedies;  actions. 

1.  In  general. 


§   201.  Generally. 

Arbitration  as  condition  precedent  to  action, 

see  supra,  §  152. 
Equity  jurisdiction,  see  Equity,  §  11. 
Presumption  and  burden  of  proof  in  action 

on  policy,  see  Evidence,  §  10.3a. 
Sufficiency  of  proof  in  action  on  insurance 

policy,  see  Evidence,  §  311. 
What  matters  concluded   by  judgment,  sec 

Judgment,  §  35. 
Question  for  jury,  see  Trial,  §  53. 

Service  by  publication  to  give  jurisdiction 
of  issue  between  nonresident  and  resi- 
dent claimants.     L.R.A.1917P.,  393. 

Irregularities  attending  admission  to  mem- 
bership in  order  as  affecting  action 
on  certificate.   49  L.R.A.(N.S.)  902. 

Transitory  character  of  action.  63  L.R.A. 
863. 

Procedure  to  enforce  liability  of  members 
of  mutual  fire  insurance  company.  32 
L.R.A.  505. 

Validity  of  retrospective  by-laws  or  other 
rule  of  benefit  association  as  to  manner 
of  establishing  claim.  24  L.R.A. (N.S.) 
1027. 

Abatement  of  action  on  insurance  policy 
by  reason  of  pendency  of  action  in  for- 
eign jurisdiction  on  the  policy.  29 
L.R.A. (N.S.)   405. 

Effect  on  right  to  recover  on  policy  of  fire 
insurance  company's  noncompliance 
with  statutory  regulations.  20  L.R.A. 
405, 

Suit  on  benefit  certificate  after  expulsion 
from  society.     25  L.R.A.  149. 

Action  on  policy  taken  out  without  consent 
of  person  whose  life  was  insured.  56 
L.R.A.  590;  L.R.A.1918F,  574. 

Effect  of  admission  to  change  burden  of 
proof  and  right  to  open  and  close  in 
action  on  insurauce  policy.  61  L.R.A. 
537,  545. 

Pleading  and  burden  of  proof  as  to  falsity 
of  statements  respecting  family  history, 
L.R.A.  1917C,  876. 

Sufficiency  of  proof  as  to  falsity  of  state- 
ments by  insured  respecting  family  his- 
tory and  his  knowledge  of  their  falsity. 
L.R.A.1917C,  876. 

Waiver  by  beneficiary  of  privilege  as  to 
communications  between  physician  and 
patient.     48  L.R.A. (N.S.)    418. 

Admissibility  of  finding  of  coroner  to  show 
cause  of  death  of  insured.  68  L.R.A. 
288;  45  L.R.A.  (N.S.)  405;  L.R.A. 
1918E,  924. 

Begin  tvith  tJiis  hooTc  on  every  law  question. 


INSURANCE,  VIII.  h,  1— cont'd 

Admissions  or  statements  by  assured  out- 
sid(!  his  application  as  evidence  against 
his  beneficiary.  11  L.R.A. (N.S.)  92; 
49  L.R.A.  (N.S.)   P53. 

Admissibility  of  declarations  of  insured 
tending  to  show  good  faith  regarding, 
statements  in  his  application.  L.R.A 
1918F,  271. 

Admissibility  of  books  of  account  to  prove 
amount  and  value  of  insured  goods.  52 
L.R.A.  721. 

Admissibility  of  insurance  agent's  mem- 
oranda or  letters  as  to  policies  and 
risks.    37  L.R.A.(N.S.)  1169. 

Admissibility  of  statements  or  letters  by 
phj'sician  as  to  phvsical  condition  of 
insured.     38  L.R.A."(N.S.)    343. 

Action  on  poliev  as  bar  to  action  to  reform 
it.     12  L.R^.A.(N.S.)   907. 

Removal,  because  of  separable  controversy, 
of  actions  relating  to  insurance  and  re- 
covery of  fire  losses  paid  by  insurer. 
5  L.R.A, (N.S.)  S8. 

Right  to  open  default  judgment  as  affected 
by  character  of  defense.  L.R.A.1916F, 
853. 

Connection  with  casualty  or  indemnity  com- 
pany as  a  proper  subject  for  inquiry  on 
voir  dire  or  as  disqualification  of  a 
juror  in  an  action  against  one  insured 
or  indemnified  by  sucii  company.  L.R.A. 
1915A,  153. 


§   2  02.  Nature  of  remedy. 

Remedies  of  insured  in  case  of  paid-up  or 
nonforfeitable  policy.     15  L.R.A.  454. 

Validity  of  requirement  by  mutual  benefit 
society  that  remedies  within  the  order 
must  be  exhausted  before  resort  to  the 
civil  courts.     8  L.R.A.  (N.S.)   916. 

Necessity  of  exhausting  remedies  within 
order  against  decision  expelling  or  sut;- 
pending  a  member  from  a  mutual  bene- 
fit association  as  condition  of  action 
for  benefits.     ,52  L.R.A. (N.S.)   821. 

Conclusiveness  of  decision  of  tribunal  of 
mutual  benefit  society  expelling  or  sus- 
pending a  member  in  action  for  bene- 
fits.    52  L.R.A.  (N.S.)  800. 

Conclusiveness  of  decision  of  tribunal  of 
mutual  benefit  associations  directly  up- 
on claims  for  benefits;  and  duty  to  ex- 
haust remedies  within  association.  ,52 
L.R.A. (N.S.)    823. 

Right  to  maintain  single  suit  in  equity  to 
enforce  separate  liability  of  members  of 
an  insolvent  insurance  association.  33 
L.R.A.  (N.S.)    1057. 

Distinction  between  action  at  law  and  suit 
in  equity  where  insurer  or  its  agent 
was  guilty  of  fraud,  and  policy  was 
retained.     67   L.R.A.   744. 

Remedy  of  beneficiary  on  repudiation  of 
contract  by  insurer.  14  L.R.A.  (N.S.) 
1111. 

Right  of  beneficiary  to  sue  insurer  for 
breach  of  contract  other  than  failure  to 
pay  indemnity.     4  L.R.A.  (N.S.)    870. 

Right  of  policy  holder  to  an  accounting  by 
insurer.     28  L.R.A. (N.S.)   559. 


INDEX  TO  L.R.A.  NOTES. 


J41 


INSURANCE,  VIII.  h,  1— cont'd 
Right  of  insured  to  return  of  premium 
where  insurer  defends  action  on  the 
policy  on  the  ground  of  misrepresenta- 
tion by  insured.  32  L.R.A.  (N.S.)  299. 
Effect  of  provision  tliat  deficiency  in  assess- 
ment may  be  paid  from  reserve  or  emer- 
gency  fund.     10  L.R.A.  (N.S.)    261. 

§  203.— actions  on  Lloyd's  policies. 

Whether    the    action    must    primarily     be 

against  the  attorney  in  fact.    55  L.R.A. 

193. 
Joinder  and  misjoinder.     55  L.R.A.  198. 
Several  or  joint  liability.    55  L.R.A.  199. 
Judgment.     55  L.R.A.  199. 
Proof  of  loss.     55  L.R.A.  200. 
Powers  and  duties  of  agents,  attorneys,  and 

brokers.    55  L.R.A.  201. 
Risk  and  contribution.    55  L.R.A.  201. 
Concealment   of   facts   by   the   insured.     65 

L.R.A.  202. 
Warranty.     55  L.R.A.  202. 
Validity  of  policy.     55  L.R.A.  203. 

g   204.  — marine  insurance. 

Jurisdiction  of  admiralty  as  to  marine  in- 
surance.    66  L.R.A.  200,  234. 

Conclusiveness  of  judgment  of  foreign  court 
of  admiralty  on  policies  of  marine  in- 
surance.    20  L.R.A.  669. 

§   2  05.  Proper  party  to  bring. 

Under  employer's  indemnity  policy,  see  in- 
fra, §  217. 

Who  is  real  party  in  interest  by  whom  ac- 
tion on  insurance  policy  must  be 
brought.     64  L.R.A.  615. 

Third  person's  right  of  action.  25  L.R.A. 
274. 

Who  may  recover  burial  insurance  and 
funeral  benefits.     23  L.R.A. (N.S.)    199. 

Who  may  maintain  action  for  proceeds  of 
policy  taken  in  mortgagor's  name  for 
benefit  of  mortgagee.     25  L.R.A.  306. 

Right  of  third  person  to  maintain  action  on 
beneficiary's  promise  to  insured  to  pay 
all  or  part  of  policy  to  such  third  per- 
son.    22   L.R.A.  (N.S.)    639. 

Right  of  beneficiary  to  sue  insurer  for 
breach  of  contract  other  than  failure  to 
pay  indemnity.     4  L.R.A. (N.S.)   870. 

§  206.  Costs  and  fees. 

Conflict  of  laws  as  to  recovery  of  attorney's 
fees.    52  L.R.A.  (N.S.)  28.5. 

Validity  of  statutory  provision  for  attor- 
ney's fee  in  actions  against  insurance 
companies.  17  L.R.A.(N.S.)  910; 
L.R.A.1915E,  948. 

2.  Contraetual  limitation  of  time. 

§   20  7.  Generally. 

Conflict  of  laws  as  to  contractual  limita- 
tion. 63  L.R.A.  868;  23  L.R.A. (N.S.) 
982;  52  L.R.A. (N.S.)   285. 

First  and  last  daj's  in  computation  of  time*. 
49  L.R.A.  208:   15  L.R.A. (N.S.)    688. 

Consult  also  L.R.A.  Digests  of  Cases. 


INSURANCE,  VIII.  h,  2— cont'd 

Statute  of  limitations  against  liability  of 
members  of  mutual  fire  insurance  com- 
pany.    32  L.R.A.  508. 

Estoppel  to  plead  defense  of  limitation  to 
action  on  insurance  policy.  63  L.R.A. 
204. 

Limitation  clause  as  part  of  contract  of 
reinsurance.     1  B.  R.  C.  184. 

Waiver  of  short  limitation  period  in  policy 
by  efforts  at  compromise  extending  be- 
yond its  termination.  ,9  L.R.A.  (N.S.) 
654. 

Binding  effect  on  infant  of  stipulation  in 
policy  as  to  time  of  suit.  1  L.R.A. 
(N.S.)    525. 

Retention  of  policy  as  waiver  of  mistake 
or  fraud  of  insurer  or  its  agent  as  to 
provision  limiting  time  for  action  on 
policy.     67  L.R.A.  714. 

Applicability  to  existing  contracts  of  stat-        x 
ute    avoiding    contractual    stipulations 
limiting    time    for    action.      38    L.R.A. 
(N.S.)   1016. 

§   208.  When  begins  to  run. 

Fire  insurance  policies.     47  L.R.A.  697;  48 

L.R.A.(N.S.)  907;  L.R.A.1918F,  511. 
Accident  insurance  policies.    47  L.R.A.  704  j 

48  L.R.A.(N.S.)  908;  L.R.A.1918F,  511. 
Life  insurance  policies.     47  L.R.A.  706;  48 

L.R.A.  (N.S.)    910;  L.R.A.1918F,  512. 
Marine   and   other  miscellaneous   insurance 

policies.      47    L.R.A.    708;     48    L.R.A. 

(N.S.)   911;  L.R.A.1918F,  512. 
What  will  prevent  or  delay  the  running  of 

the     limitation.      47     L.R.A.     709;     48 

L.R.A.(N.S.)    911;   L.R.A.1918F,  512. 
To  what  actions  the  limitation  applies.     47 

L.R.A.  711:  48L.R.A.(N.S.)  913;  L.R.A. 

1918F,  513. 

IX.  Reinsurance. 

§  2  09.  Generally. 

Limitation   clause   as   part   of   contract   of 

reinsurance.    1  B.  R.  C.  184. 
Proceeds  of  reinsurance  as  special  fund   in 

casa  of  insolvency.     38  L.R.A.  110. 

§210.  Liability  of  reinsurer. 

In  general.     44  L.R.A.  (N.S.)   317. 

Notice  to  and  acceptance  by  insured.     44 

L.R.A.(N.S.)  318. 
Liability  as  affected  by  terras  of  contract. 

8  L.R.A. (N.S.)    847;    44  L.R.A. (N.S.) 

318  ■' "  ■ 

When  liable.    44  L.R.A. (N.S.)  318. 
Period   within    which    liability   may    arise. 

8  L.R.A. (N.S.)    857. 
When  liability  begins.     8  L.R.A. (N.S.)   857. 
Extent   of   liability.      8   L.R.A. (N.S.)    857; 

44  L.R.A.  (N.S.)   319. 
To  whom   liable.     8   L.R.A.(N.S.)    862;    44 

L.R.A.(N.S.)   319. 
Effect    of    compromise   by   original    insurer 

upon  reinsurer's  liability.     6  B.  R.  C. 

896. 

X.  Guaranty  policies, 

§   211.  Generally. 

Guaranty  of  fidelity  of  employees  or  cor- 
porate officers,  see  Bonds,  §  11. 


748 


INDEX  TO  L.R.A.  MOTES. 


INSURANCE,  X.— cont'd 
Guaranty  of  fidelity  of  public  officers,  aee 
Bonds,  §§  12  15. 

Contracts  for  indemnity  insurance  as  cham- 
pertous.     L.R.A.1016E,  72. 

Treatment  of,  a.s  part  of  overhead  cliarged 
in  public  service  property  valuations. 
48  L.R.A.  (N.S.)   1051. 

What  constitutes  insurance,  47  L.R.A. 
(N.S.)  2no. 

Insurance  agaiiTst  injuring  property  or  per- 
son of  third  person  as  indemnity  or 
liability  insurance.  48  L.R.A. (N.S.) 
184.      "  '  •, 

Payment  or  assumption,  by  third  person, 
of  liability  for  an  injury  as  a  loss 
within  a  jwlicy  indemnifying  against 
liability  for  injuries.   L.R.A.1916F,  879. 

Elevator  insurance!    L.R.A.1918C,  812. 

Insurance  against  liability  for  automobile 
accidents.  44  L.R.A.  (N.S.)  73:  31 
L.R.A.(N.S.)  .584;  L.R.A.1915E,.  580; 
L.R.A.1917F,  615. 

Participation  by  indemnity  insurer  in  de- 
fense of  suit  against  insured,  as  estop- 
pel to  assert  that  latter's  liability  was 
predicated  on  ground  not  covered  by 
policy.     34  L.R.A.  (N.S.)    491. 

Waiver  of  short-limitation  period  in  insur- 
ance policy  by  efforts  at  compromise 
extending  beyond  its  termination.  9 
L.R.A.  (N.S.)   654. 

Power  of  insurer  with  respect  to  settlement 
of  claims.  6  L.R.A. (N.S.)  562;  52 
L.R.A.  (N.S.)   126. 

Right  of  insured  under  policy  indemnifying 
against  liability  for  damages  or  injury, 
to  settle  the  part  of  a  claim  in  excess 
of  insurer's  liability.  L.R.A.1917D, 
957. 

Giving  note  as  loss  or  damage  within  con- 
dition of  contract  of  indemnity.  9 
L.R.A.  (N.S.)  478;  20  L.R.A.  (N.S.) 
956;  48  L.R.A. (N.S.)    195. 

EflTect  of  provision  in  indemnity  policy  re- 
quiring immediate  notice  of  accident, 
claim,  or  suit.     3  B.  R.  C.  723. 

Delay  in  giving  notice  required  by  policy 
insuring  against  liability  for  personal 
injuries  to  third  person.  L.R.A.1918E, 
114. 
|Liability  of  guaranty  members  of  mutual 
fire  insurance  company.     32  L.R.A.  496. 


§   212.  Employers'  indemnity  policy. 

Champertous    contracts.      L.R.A.1910E,    72. 

Question  whethei-  employers'  indemnity  con- 
tract constitutes  insurance.  47  L.R.A. 
(N.S.)   294. 

Treatment  of,  as  part  of  overhead  charges 
in  public  service  property  valuations. 
48  L.R.A. (N.S.)   1051. 

Payment  or  assumption  by  third  person  of 
liability  for  an  injury  as  a  loss  within 
employer's  indemnity  policy.  L.R.A. 
1916F,  879. 

What  employees  are  covered  by  indemnity 
policy.      41    L.R.A.  (N.S.)    *963. 


Begin  rvith  this  hooTc  on  every  late  question. 


INSURANCE,  X.— cont'd 

Arrangements  by  masters  with  insurance 
company  for  indemnification  of  serv- 
ants,    il  L.R.A.(N.S.)    194. 

Constitutionality  of  statute  forbidding 
avoidance  of  liability  to  employee  or 
reduction  of  his  damages  by  relief  or 
indemnity  contract.  33  L.R.A. (N.S. ) 
706. 

Contracts  requiring  servant  to  elect  be- 
tween acceptance  of  benefits  out  of  re- 
lief fund  and  a  prosecution  of  his 
claims  in  an  action  for  damages.  11 
L.R.A.(N.S.)  182;  48  L.R.A.  (N.S.)  440. 

Retention  of  policy  as  waiver  of  mistake  or 
fraud  as  to  terms  of  policy.  38  L.R.A. 
(N.S.)    789. 

Liability  of  insurer  carrying  workmen's 
compensation  insurance  for  employer. 
L.R.A.1917D,  181. 

Right  of  insured  to  settle  the  part  of  a 
claim  in  excess  of  insurer's  liability. 
L.R.A.1917D,   957. 


§   2  13.  — construction. 

Construction  of  bond  or  policy  indemnify- 
ing employer  against  loss  from  negli- 
gence of  employee.  31  L.R.A.  (N.S.) 
775. 

§   214.  —injuries    covered. 

Injuries  covered  by  employer's  indemnity 
policy.  30  L.R.A.(N.S.)  1192;  L.R.A. 
1915C,  155. 

§215.  —extent  of  liability. 

How  far  does  limitation  of  liability  in  pol- 
icy of  indemnity  insurance  against  lia- 
bility for  injuries  to  employees  and 
others  include  expenses  of  litigation. 
12  L.R.A.(N.S.)  478;  43  L.R.A.  (N.S.) 
1128;  L.R.A.1918D,  187. 

How  far  does  limitation  of  liability  in 
policy  of  indemnity  insurance  against 
liability  for  injuries  to  employees  and 
others  include  interest  and  expenses  of 
litigation.    L.R.A,1918D,  187. 

Liability  under  policy  indemnifying  against 
liability  for  injuries  to  compensate  in- 
sured for  expenses  incurred  in  success- 
ful defense  or  compromise  of  action. 
30  L.R.A.(N.S.)  1105;  44  L.R.A.  (N.S.) 
609. 


§   216.  —notice  of  injury. 

Delay  in  giving  notice  of  claim  under  em- 
ployer's   indemnity    policy.      38    L.Tl.A. 
(N.S.)      62;      47     L.R.A."(N.S.)      1213; 
L.R.A.1918D,  445;   L.R.A.1918E,  114. 
Effect   of   provision    in    employer's    liability 
or  other  indemnity  policies,  requir- 
ing  inunediato   notice  of   accident, 
claim  or  suit.     3  B.  R.  C.  723. 
When  is  insured  charged  with  knowledge  of 
accident  so  as  to   require  him  to  give 
notice    thereof   as    provided   for    policy 
indemnifying  against  liability  for  per- 
sonal   injuries    to    others.      16    L.R.A. 
(N.S.)    400. 


INDEX  TO  L.R.A.  NOTES. 


749 


INSURANCE,  X.— cont'd 
§   217.  — employee's     right     to     reach 
fund. 

Injured  employee's  right  to  readi  fund  un- 
der employer's  liabilitv  policA-.  7 
L.R.A.(N.S.)  958;  48  '  L.R.A.  (N.S.) 
191. 

8   218.  Rent  insurance. 

Rent  insurance.     L.R.A.1!)16F,  094. 
Contract  insuring  against   loss  of   rents   as 

insurance    contract.      47    L.R.A.  (N.S.) 

296. 
Construction  of  policy  or  contract  insuring 

against  loss  of  rents.     16  L.R.A. (N.S.) 

1055;  23  L.R.A.  (N.S.)    123. 

§  219.  Burial  insurance  and  funeral 
benefits. 

Generally.     23  L.R.A. (N.S.)   197. 
When  recoverable.     23  L.R.A.  (N.S.)    197. 
Who  may  recover.     23  L.R.A. (N.S.)    199. 
Dutv  of  receiver  of  fund  to  pay  funeral  ex- 
Vnses.     23  L.R.A. (N.S.)    201. 


XI.  Burglary  and  theft  itisuraitce. 


L.R.A. 


L.R.A.(N.S.)     564; 
L.R.A.(NS.)     564; 


8   22  0.  Generally. 

Insurance  against  loss  by  robbery. 

1917D,  687. 
Indemnity  against  theft  or  burglary  as  in- 
surance.     46     L.R.A.  (N.S.)      562;     47 

L.1{.A.(N.S.)   296. 
Power    to    issue    burglary    insurance.      46 

L.R.A. (N.S.)    502. 
Right  to  do  iiusiness  in  foreign  states.     46 

L.R.A. (N.S.)   ;'03. 
Making     contract.     46 

L.R.A.1918B,  565. 
Property    covered.      46 

L.R.A.1918B,  565. 
Conditions     and     warranties.       40     L.R.A. 

(N.S.)    564;    L.R.A.1918B,  565, 
Manner    of     loss    and    proof    thereof.      46 

L.R.A. (N.S.)   567;  L.R.A.1918B,  568. 
Notite  and  proofs  of  loss.     46  L.R.A. (N.S.) 

'      571 ;  L.R.A.1918B,  573. 
Necessity  of  siiowing  plaintiff's  interest  in 

properly  Int.     40  L.R.A.  (NJS.)    572. 
Insured's    rigiit    to    replace    property.      46 

L.R.A. (N.S.)    572. 
Amount    of    loss    and    recovery    and    proof 

thereof.     46  L.R.A. (N.S.)    572;   L.R.A. 

1918B,  573. 


INSURANCE,  Xri.— cont'd 

Automobile  insurance  against  theft,  rob- 
bery, and  pilferage.  44  L.R.A.  (N.S.) 
75;  51  L.R.A.  (N.S.)  .'584;  L.R.A.1915E, 
579;  L.R.A.1917F,  543. 

XIII.  Animal  insurance, 

g   222.  Generally. 

Insurable  interest.     44  L.R.A. (N.S.)    569. 
Animal's  health  at  the  tiilie  policy  attaches. 

44   L.R.A. (N.S.)    569. 
Where   animal    is    intentionally   killed,     44 

L.R.A.  (N.S.)    5.70. 
Abuse  or  negligence  by  insured.     44  L.R.A. 

(N.S.)    571. 
Destruction  bv  elements,     44  L.R.A. (N.S. ) 

571, 
Notice   of   animal's  sickness   or   death.     44 

L.R.A.  (N.S.)    572. 
Place  where  kept.    26  L.R.A.  240;  44  L.R.A. 

(N.S.)   574. 
Sale  of  animal.     44  L.R.A. (N.S.)    575. 
Animals  acquired  subsequently  to- issuance 

of  policy.     44  L.R.A.  ( N.S". )   576, 
Amount  of  recovery,     44  L.R.A.  (N.S.)   576. 
Warranties  and  representations.     44  L.R.A. 

(N.S.)   577. 
Waiver.     44  L.R.A.  (N.S.)    578. 
Arbitration  of  claims.    44  L.R.A. (N.S.)  579. 
Attaching    application.       44     L.R.A. <N.S.) 

579. 
Miscellaneous.     44  L.R.A. (N.S.)  579.  > 


;  XIV.  Insttranee  against  loss  of  pro/its. 

g   223.  Generally. 

■  Insurance  against  fire  loss  as  covering  loss 
^  of  profits.    L.R.A.1917C,  726. 

Loss  of  profits  bv  hotel  keeper  or  by  lessee. 
;  L.R.A.1917CI  727. 

Loss  oi  .-oyalties.    L.R.A.1917C,  728.  * 

I  Loss  of  profits  of  mercantile  or  manufacture 
I  ing  business.     L.R.A.1917C,  728. 

Policies  against  loss  of  profits  by  strikes. 
I  L.R.A.1917C,  729. 

Policies  on  profits  from  marine  adventures. 
L.R.A.1917C,  730. 


Estoppel  and  waiver. 

L.R.A.1918B,  574, 
Theft  of  automobile. 

51     L.R.A.  (N.S.) 


46L.R.A.(N.S.)  573; 

44  L,R.A.(N.S.)    75; 
584;      L.R.A.1915E. 


579;  L.R.A.1917F,  543. 


XII.  Autontohile  insurance. 

§   221.  Generally. 

Insurance  covering  automobiles,  or  indeni- 
nifying  against  injury,  or  liability 
for  injury,  caused  thereby.  44 
L.R.A.  (N.S.)  70:  51  L.R.A. (N.S.) 
583;  L.R.A.1915E,  575;  L.R.A. 
1917F,  615. 

Consult  also  L.R.A.  Digests  of  Cases. 


IXSURAXCK  COMMISSIONER. 

Service  on,  for  foreign  company.    23  L.R.A. 
499. 


INSURRECTION. 


Continuance  of  constitutional  guaranties 
during  war  or  insurrection.  45  1..R.A. 
(N.S.)    996. 

Power  of  governor,  in  exercise  of  power  to 
suppress  insurrection,  to  authorize  ar- 
rest and  detention  of  persons  without 
turning  them  over  to  the  civil  authori- 
ties.    12  L.R.A,  (N,S,)    979. 


750 


INDEX  10  L.R.A.  NOTES. 


INTANGIBLE  PROPERTY. 

8itus  of,  for  purpose  of  taxation,  see  Taxa- 
noiT,  ILL 


JNTANGIBIiE  VALUES. 

Treatnioiit  of,  in  public  service  property 
valuations.  48  L.R.A,  (N.S.)  1037, 
106.3,  1092,  1146. 

Amortization  of,  in  estimating  return  of 
public  service  corporation  for  rate-mak- 
ing purposes.     52  L.R.A. (N.S.)   49. 


♦  •» 


INTEGRITY. 

Charge  of  lack  of,  against  officer  or  can- 
didate for  office  as  libel  or  slander. 
L.R.A.1918E,  31. 


■         INTELIiECTUAIi  LIFE. 

Protection,  of  personal   rights   relating   to. 
37  L.R.A.  734. 


^•» 


INTELLECTI7AL   PRQPUCTIONS. 

See  Literary  and  Artistic  Propertt. 


INTELLIGENCE. 


Test  of  to  be  applied  in.  naturalization  pro- 
ceedings.    22  L.R.A.(N.S.)    1041. 


INTEMPERANCE. 

See  Drunkenness. 


INTENT. 

f.  In  general,   §§    1-4:. 
II.  Of  parties  to  contract,  §§  5-11, 

I.  In  general. 

§   1.  Generally. 

lu  committing  assault,  see  Assault  and  Bat- 
tery, §  11. 

As'  element  of  .  crime  generally,  see  Crim- 
inal Law,  §  6. 

Illegal  intent  of  prosecutor  as  defense  to 
crime,  see  Criminal  Law,  §  21. 

Opinion  evidence  as  to,  see  Evidence,  §  197. 

Relevancy  of  evidence  as  to,  see  Evidence, 
§§  255-257. 

Sufficloncv  of  evidence  as  to,  see  Evidence, 
§  299. 

AsL  element  of  homicide,  see  Homicide,  §  5. 

Allegations  as  to,  see  Indictment,  Infor- 
mation,, and  Complaint,  §  4. 

As  question  for  jury,  see  Trial,  §  31a, 

Of  testator,  see  Wills,  §§  3,  64,  65. 

As  element  in  adverse  possession.    15  L.R.A. 

(X.S.)   1205. 
Begin  ivith  this  booTc  on  every  law  qttestion 


IXTEXT,  I.— cont'd 

In  nonuser  of  private  way.  22  L.R.A.  (N.S.) 
881. 

Of  owner  of  easement  neglecting  to  use 
same,  as  indicated  by  his  acts.  18 
L.R.A.  538. 

Effect  of  intent  to  incorporate  on  partner- 
ship liability  of  stockholders.  17 
L.R.A.  554. 

Xecessity  of  notice  by  attorney  of  intent 
to  withdraw  from  suit  because  of  cli- 
ent's misconduct.    35  L.R.A.  (N.S.)  963. 

Necessity  of  notice  to  owner  of  intent  to 
assess  his  property  for  supposed  bene- 
fits from  local  improvements.  36 
L.R.A.(N.S.)    40. 

Tilings  placed  on  land  with  intent  to  annex 
them  as  fixtures  where  tliey  are  never 
actually  attached.    69  L.R.A.  892. 

Necessity  of  corroboration  of  admission  or 
testimony  of  party  to  divorce  in  rela- 
tion to.  *25  L.R.A.(N.S.)   45. 

Effect  of,  on  debtor's  right  of  action  against 
his  creditor  for  collecting  debt  in  an- 
other jurisdiction  in  evasion  of  exemp- 
tion laws  of  their  domicil.  47  I^.R.A. 
(N.S.)  689. 

Intention  to  affect  conduct  as  an  element 
of  estoppel  of  assertion  of  title  or  in- 
terest in  real  property  by  concealing 
the  same  Or  representing  it  to  be  in 
anotlier.     48  L.R.A. (N.S.)    768. 

Good  intentions  of  counsel  in  making  im 
proper  argument  to  jury.  L.R.A. 
1918D,  104. 

§  2.  As  to  character  of  real  estate  of 
partners. 

As  to  whether  real  estate  shall  be  considered 
partnership  property.  27  L.R.A.  455; 
37  L.R.A.(N.S.)   891. 

§  3.  Effect  of,  on   law  gOTerning  con* 

tract. 
As  to   interest  and  usury.     62  Ij.R.A.  S3; 

L.R.A.1916D,  751. 
Of  parties  to  carrier's  contract.     63  L.R.A. 

513. 
As  to  where  contract  of  insurance  shall  be 

d'^emed  to  have  been  made.     (53  L.R.A. 

847;  52  L.R.A. (N.S.)   295. 
Law   governing    donee's    intent    to   exercise 

power    of    appointment    by    will.      64 

L.R.A.  892. 

§  4.  Of  legislature. 

See  Statutes,  §  20.  . 

//.  Of  parties  to  contract. 

§   5.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §§  41,  42. 

Admissibility  of  evidence  extrinsic  to  writ- 
ing to  show,  see  Evidence,  §§  166.  167, 
170,  171. 

Rule  that  when  terms  of  agreement  have 
been  intended  in  different  sense  that 
sense  is  to  prevail  against  either  party 
in  which  he  had  reason  to  suppose  the 
other  partv  understood  it.  8  L.R.A. 
(N.S.)  1140. 


INDEX  TO  L.E.A.  NOTES. 


751 


INTENT,  II.— cont'd 

Helief  from  mistake  of  law  as  to  elTect  of 
instrument  resulting  in  failure  to  carry 
out  intent.     28  L.R.A.(N.S.)   811. 

Intention  of  parties  in  case  of  contemporary 
promise  of  one  person  to  pay  where 
benefit  inures  to  another.  15  L.R.A. 
(N.S.)   216. 

Of  parties  to  contract  to  adopt  standard 
time.  1  L.R.A.  (N.S.)  364;  6  L.R.A. 
(N.S.)  1046;  35L.R.A.{N.S.)  611. 

In  transaction  between  heir  and  ancestor  as 
to  former's  expectancy.     32  L.R.A.  596. 

-Construing  unsealed  release  of  one  joint  tort 
feasor  according  to  intent  of  parties  as 
affecting  release  of  other  party  or  oth- 
erwise.    58  L.R.A.  298. 

To  bind  and  benefit  successors  in  title  by 
agreement  to  contribute  to  cost  of  par- 
ty walls.     66  L.R.A.  678. 

Effect  of  signatory's  intent  in  executing 
bond  which  is  delivered  without  being 
signed  by  principal  obligor.  12  L.R.A. 
(N.S.)   1119. 

Of  parties  to  lease  as  fixing  term  implied  by 
holding  over  after  expiration  of  lease 
for  a  fixed  term.    25  L.R.A. (N.S.)   856. 

Of  debtor  as  to  tolling  of  limitations  or  re- 
moval of  bar  by  acknowledgment  to 
third   person.     25  L.R.A. (N.S.)    811. 

As  to  whether  senior  mortgage  is  merged 
in  subsequently  acquired  title.  39 
L.R.A.  (N.S.)    837,  843. 

As  affecting  question  whether  stipulation 
for  damages  in  building  contract  is  a 
penalty  or  liquidated  damages.  34 
L.R.A.(N.S.)   593. 

As  determining  effect  of  the  use  of  the  word 
"forfeiture"  upon  penalty  or  liquidated 
('images.     50  L.R.A. (N.S.)   800. 

As  affecting  question  whether  provision  in 
land  contract  is  to  be  regarded  as  a 
penalty  or  liquidated  damages.  34 
L.R.A."^(N.S.)  9. 

As  affecting  waiver  by  olficer  of  subordinate 
lodge  of  payment  of  assessments.  38 
L.R.A.(N.S.)   575. 

Of  bankrupt  to  create  a  preference  as  a 
condition  of  a  voidable  preference  under 
§  60b  of  tlie  bankruptcy  act.  33 
L.R.A. (N.S.)   558. 

§   6.  Of  seller  of  personalty. 

Passing  of  title  to  personalty  by  delivery  to 
carrier  as  affected  by  conduct  indicating 
intent  to  retain  title.     22  L.R.A.  420. 

As  to  passing  of  title  under  contract  for 
sale  of  goods  to  be  produced  or  manu- 
factured.    50  L.R.A. (N.S.)   113. 

Of  parties  to  sale  ap  to  passing  of  title  on 
selection  or  designation  of  goods  sold 
out  of  larger  lot.     26  L.R.A. (N.S.)    7. 

Provision  for  payment  of  instalments  of 
price  of  article  during  construction  as 
indicating  intent  to  pass  iitle.  2  B.  R. 
C.  646.    , 

Ab  test  of  whether  description  in  sale  im- 
ports a  condition  precedent  or  a  war- 
ranty.    35  L.R.A. (N.S.)   274. 

Intention  as  determining  place  of  sale  of 
intoxicating  liquors.  44  L.R.A. (N.S.) 
437. 

Consult  also  L.R.A.  Digests  of  Casea. 


INTENT,  II.— cont'd 

§    7.  Of  vendor  of  land. 

Of  fraudulent  grantor,  see  Fbaudulent 
Conveyances,  §  3. 

Prevailing  of  intention  over  language  of 
granting  clause  as  to  estate  passing  by 
deed.     12  L.R.A.  (N.S.)   961. 

Grantee's  right  to  enforce  restrictive  cove- 
nants in  prior  conveyance  by  his  grant- 
or of  other  parcels  as  affected  by  grant- 
or's intent.     37  L.R.A. (N.S.)   624. 

Of  one  giving  covenant  of  title  or  seisin 
where  granting  clause  merely  purports 
to  convey  grantor's  interest  in  the  pro^)- 
erty.  32  L.R.A.(N.S.)  595;  L.R.A. 
1916E,  905. 

§   8.  — in  case  of  conveyance  in  trust. 

Of  grantor  in  trust  that  fee  shall  pass  to 
trustee  without  words  of  limitation. 
2  L.R.A.(N.S.)  177. 

Effect  of  expression  of  intention  to  make 
provision  for  family  on  estates  taken 
by  beneficiaries  of  trusts  in  absence  of 
express  definition  thereof.  17  L.R.A. 
(N.S.)  1215. 

§   9.  Of   parties   to   commercial   paper. 

Intention  of  parties  to  indorsement  as  con- 
trolling liability.    18  L.R.A.  35. 

Intent  of  parties  as  affecting  principal's  lia- 
bility on  negotiable  paper  executed  by 
agent.    21  L.R.A.  (N.S.)  1067. 

As  to  ownership  of  paper  payable  to  di- 
rector or  officers  of  a  corporation.  50 
L.R.A.(N.S.)    1116. 

§   10.  As  to  payments. 

In  payment  of  debt  by  volunteer  or  stran- 
ger.    23  L.R.A.  123. 

As  to  extinction  of  judgment  on  payment 
by   surety.     58   L.R.A.   570. 

On  assignment  of  mortgage  with  mortga- 
gor's consent  t'^  third  person  after  pay- 
ment of  debt  originally  secured.  27 
L.R.A.(N.S.)   111. 

Provision  for  payment  of  instalments  of 
price  of  article  during  construction  as 
indicating  intent  to  pass  title.  2  B.  R. 
C.  646. 

Intention  not  to  pay  for  goods  purchased 
by  one  knowing  that  he  cannot  pay  for 
them.     44  L.R.A.  (N.S.)    9. 

8    11.  Fraudulent  intent. 

Effect  of  grantor's  intent  to  defraud  credit- 
ors, see  Fraudulent  Conveyances, 
§3. 

Purchaser's  participation  in  seller's  fraudu- 
lent intent,  see  Fraudulent  Convey- 
ances, §  14. 

Question  for  jury  as  to,  see  Trlal,  §  32,    : 

In  obtaining  credit.     14  L.R.A.  264. 
Intention  not  to  pay  for  goods  purchased 

by  one  knowing  he  cannot  pay  for  them. 

44  L.R.A.(N.S.)  9. 
Lack  of  reasonable  expectation  of  Ijeing  able 

to  pay  as  equivalent  as  matter  of  law 

to  an  intention  not  to  pav.     6  L.R.A, 

(N.S.)   656.  ; 


752 


INDEX  TO  L.R.A.  NOTES. 


INTENT,  n.— cont'd 

How  far  fraudulent  intent  in  expression  of 
opinion  is  essential  to  fraud.  35  L.R.A. 
424. 

Relief  to  party  defrauded  by  fraudulent 
scheme  where  he  went  into  it  with  in- 
tent to  defraud  others.  5  L.R.A.  (N.S.) 
906. 

Effect  of  fraudulent  intent  on  false  swearing 
in  proofs  of  loss.    32  L.R.A. (N.S.)  459. 

What  intent  to  defraud  will  sustain  an  at- 
tachment.    30  L.R.  \.  465. 

Effect  of  intent  on  misbranding  prohibited 
by  pure  food  and  drugs  law.  L.R.A. 
191 6D.  170. 


INTENTIONAL  INJURIES. 


30 


As    accident   within    insurance   policy, 
L.R.A.  207. 

Liability  for  intentional  injury  by  attrac- 
tive nuisance.    19  L.R.A. (N.S.)  1107. 

Provision  exempting  insurer  or  limiting  its 
liability  in  case  of  an  injury  inten- 
tionally inflicted  by  another.  48  L.R.A. 
(N.S.)    524. 

Admissibility  of  opinion  evidence  as  to 
whether  injuries  were  self-inflicted. 
L.R.A.1915A,  1088. 


INTENTIONAL   KILLING. 

Right  to  recover  for  intentional   killing  of 
person.     46  L.R.A. (N.S.)    930, 


INTERDICTION. 


Liability  of  insurer  under  policy  of  marine 
insurance  for  loss  occasioned  by  inter- 
diction.    5  B.  R.  C.  32. 


INTEREST. 


/.  In  general,  §  1. 
II.  For  use  of  money,  §§  2-20. 

a.  In  general,  §§  2,  3. 

b.  When  recoverable,   §§  4-18. 

c.  Rate,   §  19. 

d.  Compound  interest,  §  20. 

I.  In  general. 


§    1.  Generally. 

Elfect  of,  on  competency  of  as  witness,  see 
Witnesses,  §§  23,  24. 

Interest  which  will  disqualify  one  to  serve 
as  commissioner  or  juror  in  cininent 
domain  proceedings.  47  L.R.A.  (N.S.) 
151. 

Of  juror  as  ground  for  new  trial,  18  L.R.A. 
476. 

Disqualifying  grand  juror.     28  L.R.A.  201, 

Begin   irith  this  booh  on  every  law  question 


INTEREST,  I.— cont'd 

Of  subscribing  witness  as  aCFecting  neces- 
sity for  calling  to  prove.  35  L.R.A. 
336. 

Effect  of,  on  right  to  take  acknowledgment. 
33  L.R.A.  332. 

Right  to  maintain  bill  of  review  as  de- 
pendent on.     36  L.R.A.  385. 

Who  are  persons  interested  entitled  to  con- 
test will.     L.R.A.1918A,  447. 

II.  For  use   of   money, 

a.  In  general, 

§   2.  Generally. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §§  7,  7a. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  108. 

Sufficiency  of  tender  of  payment  of,  see 
Tender,  §  3. 

Usurious  interest,  see  Usury. 

Validity  of  provision  in  contract  against 
interest.     L.R.A.1916A,  555. 

Agreement  to  pay  interest  on  an  obligation 
for  an  indelinite  period  as  coHsidera- 
tion  for  an  agreement  to  release  the 
principal.     L.R.A. 1916C,  387. 

Forfeiture  or  other  effect  of  illegally  tak- 
ing, or  reserving,  by  national  banks. 
5(j  L.R.A.  673. 

Effect  of  payment  less  interest,  as  an  ac- 
cord.   20  L.R.A.  789;  L.R.A.1917A,  723 

Addition  of  clause  for,  to  note  as  material 
alteration.      35    L.R.A.    466. 

Remission  of,  for  purpose  of  jurisdiction. 
28   L.R.A.   225. 

Application,  as  between  principal  and  in- 
terest, of  pavment  made  before  due. 
15   L.R.A.   169. 

Accrued  interest  as  part  of  par  value  with- 
in prohibition  against  sale  of  bonds  at 
less    tlian   par.      35    L.R.A. (N.S.)    789. 

Autliority  of  agent  to  collect  interest  where 
security  is  not  in  his  possession.  23 
L.R.A. (N.S.)    418,  420. 

Collection  of  interest  by  agent  as  evidence 
of  authority  to  collect  principle  where 
security  is  not  in  his  possession. 
L.R.A.1916B,   861. 

Exemption  from  state  taxation  of  paper 
given  for  interest  on  obligations  of 
Federal  government.  5  L.R.A. (N.S,) 
608. 

Commercial  paper  as  payment  of.  35  L.R,A. 
(N.S.)    85. 

Paying  interest  on  forged  mortgage  as 
estoppel  to  question  the  mortgage.  41 
L.R.A. (N.S.)    740. 

Payment  of  interest  by  devisee  of  property 
covered  by  mortgage,  as  keeping  del)t 
alive  against  whole  estate.  2  B.  R.  C. 
293. 

Payment  of,  on  premium  notes  as  conditioft 
of  obtaining  paid-up  policv.  15  L.R.A. 
452, 

Application  of  dividends  or  profits  to  in- 
terest in  case  of  paid-up  and  noufor- 
feiting  policies  of  life  insurance  15- 
L.R.A.   453. 


INDEX  TO  L.R.A.  NOTES. 


753 


INTERST,  II.  a-K?ont'd 

Conclusiveness,  of  stated  or  settled  account 
containing  inaccuracy  or  error  in  com- 
putation of  interest.  23  L.R.A.  (N.S.) 
787. 

Liability  of  depositor  who  requests  bank  to 
Jiold  noninterest  V)paring  deposit 
against  a  claimant,  to  reimburse  bank 
for  interest  whicli  it  is  compelled  to 
pay  to  claimant  on  the  legal  estab- 
lishment of  his  claim  to  the  deposit. 
L.R.A.1915E,  797. 

Negotiabilitv  of  note  providing  for  interest 
after   maturity.     L.R.A.1915B,  1216. 

Payment  of,  or  promise  to  pay,  interest  as 
consideration  for  agreement  extending 
time  of  payment.    52  L.R.A. (N.S.)  34 L 

Payment  of  interest  in  advance  as  consider- 
ation for  agreement  extending  time  of 
payment  of  obiiyation.  rr2  L.R.A. 
(N.S.)    353. 

Sufficiency  of  overdue  interest  to  put  pur- 
chaser of  negotiable  paper  on  inquiry. 
44  L.R.A.(N.S.)  401;  L.R.A.1918F, 
1151. 

Allowance  for  interest  on  cost  of  public 
utility  plants  during  construction  in 
estimating  value  thereof.  48  L.R.A. 
(N.S.)   1043. 

Treatment  of  interest  charges  in  estimating 
the  return  of  a  public  service  corpora- 
tion for  rate-making  purposes.  52 
L.R.A.  (N.S.)    57. 

Effect  of  provision  for  remission  of  part  of 
the  principal  or  interest  if  payment  is 
made  at  maturity.  46  L.R.A. (N.S.) 
897. 

When  instrument  drawn  "without  interest" 
begins  to  draw  interest.  43  L.R.A. 
(N.S.)    783. 

Exercise  of  option  to  retire  obligation  be- 
fore maturity  as  stopping  interest.  43 
L.R.A.  (N.S.)'  1146. 

Power  of  court  to  amend  verdict  by  adding 
interest.     25   L.R.A. (N.S.)    311. 

Federal  courts  following  state  decisions  as 
to.     40  L.R.A.  (N.vS.)    428. 

§  2a.  Acceptance  of  principal  sum  as 
affecting  right  to  interest. 

Acceptance  of  principal  sum  as  alTecting 
tho    riglit    to    interest.      40   L.R.A. 

(N.S.)   588. 

§   3.  Default  in   payment  of. 

Foreclosure  of  mortgage  on  default  of,  see 
MORTGAGK,   §   65. 

Effect  of  negotiability  of  bill  or  note  of 
])rovision  accelerating  maturity  for  fail- 
ure to  pav  instalment  of.  .35  L.R.A. 
(N.S.)    39i;   L.R.A.1915B,  472. 

b.  1%'licn  recoverable. 

8   4.  Generally. 

On  advances,  see  Advancks,  §  5. 
Against   stockholders,   see   Corporations,   § 
108. 

On  fines  by  loan  associations.  35  L.R.A. 
220. 

On  withdrawals  from  building  and  loan 
association.     35   L.R.A.  293. 

On  advancements  or  their  equalization ;  aft- 
er donor's  death.     14  L.R.A.  716. 

Consult  also  L.R.A.  Digest.^  of  Cases. 


On 
On 


INTEREST,  II.  b— cont'd 

On  amount  due  for  arrearages  of  annuity. 
63  L.R.A.  629. 

unpaid    instalments    of    alimony.      44 
L.R.A.  (N.S.)    1006. 

withdrawal  from   loan   association.     49 
L.R.A.  (N.S.)    1135. 

Allowance  of,  on  value  of  vessel  captured  as 
prize.     18  L.R.A.  453. 

Right  of  accommodation  party  who  is 
obliged  to  pay  bill  or  note  to  recover 
interest  from  accommodated  partv.  37 
L.R.A. (N.S.)    788. 

Effect  on.  of  dishonor  of  note  transferred 
after  maturity.     46  L.R.A.   799. 

Implied  right  to  interest  on  taxes  or  as- 
sessment.    6   L.R.A. (N.S.)    094. 

Liability  of  auctioneer  or  clerk  of  auction 
for.'     35  L.R.A. (N.S.)    483. 

Law  governing  as  to  interest  on  insurance 
policy.     63  L.R.A.  868. 

Does  guarantor's  liability  for  payment  of 
interest  cease  at  maturity  of  the  obli- 
gation.    21  L.R.A. (N.S.)  'l54. 

Issuance  of  interest-bearing  corporate  stock. 
27   L.R.A.   149. 

Liability  of  public  officer  for  interest  re- 
ceived on  public  money.  L.R.A.1918B, 
811. 

Liability  of  bank  for  interest  on  or  profits 
derived  from  public  funds  deposited 
with  it.    L.R.A.1918E,  678. 

Liability  for,  under  policy  insuring  against 
employer's  liability.  43  L.R.A. (N.S.) 
1130. 

How  far  does  limitation  of  liability  in 
policy  of  indemnity  insurance  against 
liability  for  injuries  to  employees  and 
others  include  interest.  L.R.A.1918D, 
187. 

As  element  of  compensation  to  be  paid  pub- 
lic utility  company  upon  taking  its 
plant.     47  L.R.A. (N.S.)    790. 

Liability  of  bank  for  interest  on  money 
deposited  with  it  to  secure  perform- 
ance of  contract  or  decree,  or  to  in- 
demnify against  losses  or  claims.  52 
L.R.A. (N.S.)  .522. 

Interest  during  receivership  on  claims  ac- 
cruing prior  to  appointment  of  receiver. 
L.R.A.1917D,  1157. 

Effect  of  war  between  countries  of  debtor 
and  creditor.    L.R.A,1917C,  672. 

§   5.  On  bonds. 

Allowance  of.  on  penalty  of  bonds.  55 
L.R.A.   384. 

Right  to,  in  action  on  replevin  bond.  30 
L.R.A. (N.S.)    370. 

Liability  of  bond  of  public  officer  for  inter- 
est received  on  public  money.  30 
L.R.A.(N.S.)     855;    L.R.A.1918B,    811. 

Right  in  action  on  bond  to  recover  inter- 
est when  total  sum  is  thereby  ma<lo  to 
exceed  the  penalty.  19  L.R.A. (N.S.) 
84. 

Exercise  of  option  to  retire  obligation  before 
maturity  as  stopping  inteicst.  -13 
L.R.A.  (NS.)    1146. 

§   6.  On  sum  allowed  as  damages. 

On  loss  by  collision,  see  Collision,  §  2. 
48 


754 


INDEX  TO  L.K.A.  NOTES. 


INTEREST,  II.  b— cont'd 

Governing  law  with  reapect  to  interest  as 
damages.  56  L.R.A.  303;  G2  L.R.A. 
37. 

On  amount  awarded  to  public  utility  com- 
pany upon  taking  its  plant.  47  L.R.A. 
(N.S.)    790. 

Interest  on  amount  allowed  mortgagee  in 
possession  for  repair  or  improvement  of 
property.    49  L.K.A.  (N.S.)   129. 

Right  to  interest  in  condemnation  proceed- 
ings.    L.R.A.1916C,   ]109. 

On  claim  for  penalty  against  national  bank 
for  reserving  illegal  interest.  56  L.R.A. 
707. 

On  amount  allowed  as  damages  for  injury 
bv  damming  back  water  of  stream.  59 
L.R.A.   897. 

Right  to  interest  on  allowed  claims  in  bank- 
ruptcy. 29  L.R.A. (N.S.)  887;  L.R.A. 
1915B,    884. 

For  personal  injuries.  14  L.R.A.  648;  18 
L.R.A.  449. 

For  injuries  to  property.     18  L.R.A.  449. 

Right  to  interest  on  unliquidated  damages. 
28  L.R.A.  (N.S.)    1. 

On  amount  recovered  bj'  servant  for  wrong- 
ful discharge.     6   L.R.A. (N.S.)    91. 

§  7.  On  rescinding  sale  for  breach  of 
warranty. 

Purchaser's  right  of  interest  on  breach  of 
warranty  on  sale  of  seeds.  37  L.R.A. 
(N.S.)    88. 

Right  of  purchaser  upon  rescinding  con- 
tract for  breach  of  warranty  to  recover 
interest.     27  L.R.A. (N.S.)    928. 

§   8.  On  judgments. 

On  judgments.     17   L.R.A.  612. 

Conflict  of  laws  as  to.     56  L.R.A.  309. 

Change  of  interest  on  judgment  as  im- 
pairment of  obligation  of  contracts.  17 
L.R.A.  612. 

On  amount  awarded  to  public  utility  com- 
pany upon  taking  its  plant.  47  L.R.A. 
(N.S.)    790. 

§   9.  Oh   legacies. 

See  Wills,  §  104. 

§    10.  Against  cotenants. 

Liabilitv  of  cotenant  for,  on  rents  and  prof- 
its.' 28  L.R.A.  853;  29  L.R.A. (N.S.) 
233. 

Liability  of  cotenants  for,  on  amounts  ex- 
pended for  improvements  and  repairs. 
,29  L.R.A.   457. 

§    11.  Against   copartners. 

See  Pabtnebship,  §  28. 

§   12.  Against  executors,  trustees,   etc. 

Rate  of.     29  L.R.A.  651. 
Personal   liability   of   executor   or  adminis- 
trator to  distributees   for   interest 
where  settlement   of   estate   is   de- 
layed.    31   L.R.A.(N.S.)    350. 
Liability    for,    of    personal    rqn-esontative 
carrying   on   business   on   behalf  of  es- 
tate.    40   L.R.A.(N.S.)    220. 


Begin  tvitti  this  booTc  on  every  law  question. 


INTEREST,  II.  b— cont'd 

Effect  of  appointment  of  debtor  as  exec- 
utor or  administrator  on  interest  on 
debt.     20  L.R.A.  (X.S.)    416. 

Right  to  recover  interest  on  claim  for  de- 
fault of  coexecutor.  11  L.R.A. (N.S. ) 
346. 

Personal  liability  of  trustee  for  interest  on 
money  lost  througli  investments.  44 
L.K.A.(N.S.)    975. 

§    13.  — compound   interest- 
Origin,   growth,   and   general    statement   of 
the  doctrine.     29   L.R.A.   622. 

Principle  of  the  allowance.     29  L.R.A.  623. 

Option  to  take  interest  or  profits.  29  L.R.A. 
625. 

Grounds  for  allowance.     29  L.R.A.  626. 
Improper  investment.     29  L.R.A.   637 ; 
44  L.R.A.(N.S.)    975., 

Who  are  chargeable.     29  L.R.A.  64(>. 

Jurisdiction  to  allow.     29  L.R.A.  647. 

How  computed.     29  L.R.A.  648. 

What  sufficient  to  release  from  accountabil- 
ity.    29  L.R.A.  056. 

Effect  of  allowance  on  compensation.  29 
L.R.A.  657. 

Effect  of  allowance  on  costs.  29  L.R.A. 
658. 


§14.  Against  officers. 

Liability  of  public  officers  for  interest  col- 
lected on  deposits  of  public  funds.  15 
L.R.A.  456. 


§15.  Against  receiver. 

Liability  of  receiver  for  interest  on  funds. 
1  B.   R.  C.  416. 

Interest  during  receivership  on  claims  ac- 
cruing prior  to  appointment  of  receiver. 
L.R.A.1917D,  1157. 


§16.  Against  state. 

Claims  against  state  for,     42  L.R.A.  62. 

§   17.  Against  county. 

See  Counties,  §  11. 

§    18.  Against  municipality. 

Municipal  liability  for  interest  as  creating 
indebtedness  within  meaning  of  debt 
limit  provisions.  37  L.R.A.  (N.S.) 
1106;  L.R.A.1917E,  455. 

o.  Rate. 

§   19.  Generally. 

Usurious  interest,  see  Usury. 

Rate  of  interest  on  s*im  allowed  as  dam- 
ages.    18   L.R.A.   457. 

Against  executors,  trustees,  etc.  29  L.II.A. 
651. 

Does  lex  rei  sitce  as  to  interest  and  usury 
necessarily  control  in  action  on  real 
estate  mortgage.     55   L.R.A.  933. 

Constitutionality  of  statutory  discrimina- 
tion in  rates.  2  L.R.A. (N.S.)  813;  27 
L.R.A.(N.S.)  898. 


INDEX  TO  L.R.A.  NOTES. 


INTEERST,  II.  c— cont'd 

Change  of  interest  on  judgments  as  impair- 
ment of  obligation  of  contract.  17 
L.K.A.  G12. 

Autliority  of  agent  to  give  paper  for  loan 
as  to  rate  of  interest.  L.R.A. 19160, 
136. 

Agreement  to  pay  liiglier  rate  of  interest 
as  consideration  for  agreement  extenu- 
ing  time  of  payment.  52  L.R.A.(X.S.) 
350. 

Rate  of  interest  allowed  by  admiralty  court 
in  case  of  marine  tort  as  affected  by 
place  of  occurrence  or  suit.  51  L.R.A. 
(N.S.)   966. 

Rate  of  interest  after  judgment  on  contract 
fixing  rate.     .3  R.  R.  C.  160. 

[Rate  of  interest  during  receivership  on 
claims  accruing  prior  to  appointment 
of  receiver.     L.R.A.1917D,  1168. 

Validity  and  effect  of  provision  in  contract 
for  increased  rate  of  interest  upon 
default.     L.R.A.1916E,  726. 

d.  Compound    interest. 

§    20.  Generally. 

Against  trustees,  executors,  etc.,  see  supra, 
§  13. 

Validity  of  agreement,  made  before  interest 
becomes  due  to  pay  interest  on  in- 
terest.    b3  L.R.A.  (N.S.)   296. 

Validity  of  agreement  to  pay  interest  on 
interest,  made  after  interest  has  be- 
come due.     18  L.R.A.  (N.S.)    633. 

Right  in  case  of  renewal  of  loan,  to  com- 
pute interest  on  basis  of  including  ac- 
cumulated interest  as  part  of  principal 
of  renewal.     6  L.RJ^.(N.S.)    612. 

Agreement  to  pay  compound  interest  as 
consideration  for  agreement  extending 
time  of  payment  of  obligation.  52 
L.R.A.(N.S.)   366. 


INTERl-LST-BEARING  STOCK. 

See  CoBPOKATioxs,  §  74. 


INTEREST    CLAUSE. 

Adding  to  note  as  material  alteration.     35 
L.R.A.  466. 


INTERFERENCE. 

In  respect  to  patents,  see  Patents,  §  10. 


INTERIOR. 


INTERLINEATIONS. 

For  alteration  of  instruments  by,  see  Al- 
teration OF  Instruments, 

In   books   of   account   as   affecting   admissi- 
bilitv  in  evidence.     52  L.R.A.  575. 


INTERLOCUTORY   ORDERS    OR  DE- 
CREIES. 

Conclusiveness  of  prior  decision  on  appeal 
as  to.     34  L.R.A.  340. 

Right  to  appeal  from  rest  of  order  after 
accepting  favorable  part.  29  L.R.A. 
(N.S.)   24. 

Conclusiveness  of  interlocutory  decree  as  to 
validity  of  patent  in  other  actions  be- 
tween same  parties.     6  B.  R.  C.  729. 


INTERMARRIAGE. 

Of  parties  divorced,  effect  on  right  to  ali- 
mony or  provision  in  lieu  of  alimony. 
3   L.R.A.  (N.S.)    92.S. 


INTERMEDIATE    INCOlfi;. 

Right  to  intermediate  income  under  bequest 
to  persons  who  come  into  existence  aft- 
er death  of  the  testator.  L.R.A.1916F, 
800. 


INTERMEDIATE   POINT. 

Right  of  shipper  to  demand  a  redelivery  or 
to  divert  the  pro}.ertv  at  an  inter- 
mediate point.  15  L,R.A.(N.S.)  766; 
L.R.A.1918B,  79. 


INTERMENT. 


Injunction  to  prevent  or  restrain  interfer- 
ence with,     3  L.R.A.(N.S.)   486. 


INTERNAL  HEMORRHAGE. 

.\s    evidence    of    statutory-    wounding.      28 
L.R.A.(N.S.)  965. 


Secretary  of  Interior,  see  Secretary  of  In- 
terior. 
Consult  also  L.R.A.  Digests  of  Cases. 


INTERNAL  IMPROVEMENTS. 

Statutes  legalizing  invalid  subscriptions  to. 
27  L.R.A.  701. 


T5d 


INDEX  TO  L.R.A.  NOTES. 


INTERNAL    IMPROVEMENTS— cont'd        I  INTERNATIONAL  LAW— cont'd 
Construction  or  improvement  of  highway  as    Regulation   of  right  of   fishery.     39  L.R.A. 

an  "internal  improvement"  within  the  |  582. 

meaning  of  a  constitutional  prohibition  '  Jurisdiction  over  sea.     46  L.R.A.  264. 


against  the  state  engaging  in  or  aid- 
ing internal  improvements.  L.R.A. 
1917C,  1038. 


INTERNAL   REVENUE. 

§   1.  Generally. 

Federal  income  tax,  see  Taxes,  §  106. 

Effect  on  rights  or  interests  of  innocent  per- 
sons of  seizure  of  property  under  inter- 
nal revenue  laws.     L.R.A.1916E,   350. 

Effect  on  contract  of  failure  to  procure 
license.     16  L.R.A.  425. 

^estion  relating  to,  as  Federal  question. 
62  L.R.A.  538. 

Criminal  or  penal  liability  for  act  of  agent, 
partner,  or  servant.     41  L.R.A.  654. 

Necessity  and  sufficiency  of  statement  of 
grounds  in  notice  of  protest  required 
as  condition  of  recovering  back  inter- 
nal revenue  unlawfully  collected.  36 
L.R.A.  (N.S.)    482. 

§  2.  Omission  of,  or  failure  to  cancel, 
revenue  stamp. 

On    employee's    contract.      4    L.R.A. (N.S.) 

707,  711. 
Forgerv     of     unstamped     instrument.       24 

L.R.A.  44. 
Unstamped   check  as  subject  of  larcenv  or 

embezzlement.     42  L.R.A.  (N.S.)   499. 
Effect  of  omission  to  stamp  an  instrument 
on     which     the     law     requires     a 
stamp,  or  to  cancel  the  stamps  on 
such    an    instrument.      48    L.R.A. 
305. 
Want  of  internal  revenue  stamp  on  instru- 
ment requiring  stamp  as  affecting 
criminal    prosecution.      46    L.R.A. 
454. 
Omission    of    stamp    as    affecting    question 
whether  commercial  paper  operates   as 
payment  of  debt.     35  L.R.A. (N.S.)   72 


INTERNATIONAIi  COPYRIGHT. 

Sufficiency  of  compliance  with  law  of  origin 
to  secure  protection  under  internation- 
al copyright  act.     1  B.  R.  C.  785. 


INTERNATIONAL  LAW, 

As   to   private  international   law,   see   Con- 
flict OF  Laws. 
As  to  treaties,  see  Treaties. 

But^'  of  conquering  state  with  respect  to 
obligations  of  conquered  state.  5  B.  R. 
C.  900. 

Viight  to  recover  price  of  property  sold  in 
aid  of  rebellion.     15  L.R.A.  834. 


Sufficiency  of  compliance  with  law  of  ori- 
gin to  secure  protection  under  interna- 
tional copyright  act.     1   B.  R.   C.  785. 


INTERNE. 


Liability  of  operating  surgeon  for  negli- 
gent act  of  interne  in  caring  for  pa- 
tient. 27  L.R.A. (N.S.)  1174;  L.R.A. 
1918C,  134. 


INTERNMENT. 

Of  naturalized   citizens.      7    B.    R.   C.   772. 


INTERPLEADER. 


Begin  ivith  this  Twolc  on  every  laiv  qttestion 


g    1.  Generally. 

In  respect  of  deposit  money  at  auction. 
35   L.R.A.  (N.S.)    484. 

Right  of  wrongdoer  to  maintain  bill  of. 
L.R.A.1918D,   1172.     , 

Riglit  of  bailee  to  interplead  bailor  with 
third  person  claiming  paramount  title. 
33  L.R.A.(N.S.)   681. 

Right  to  interplead  different  taxing  dis- 
tricts claiming  riglit  to  tax  Same  prop- 
erty.    35  L.R.A. (N.S.)    3.30. 

Removal,  because  of  separable  controversy, 
of  bills  of.     5- L.R.A.  (N.S.)    91. 

Determining  liability  of  corporation  for  un- 
authorized transfer  of  stock  on  its 
books  in  proceeding  by  bill  of  inter- 
pleader hied  bv  tlie  corporation.  4.'> 
L.R.A.  (N.S.)    1083. 

§  2.  Right  of  vepresentative  of  dece- 
dei)!;^  estate  to  interplead  claim- 
ant^. , 

Exclusiveness    of    surrogate's     jurisdiction. 

37  L.R.A.(N.S.)    986. 
Conclusiveness    of    surrogate's    decree.      37 

L.R.A. (N.S.)    987. 
Indifference    of    representative.      37    L.R.A. 

(N.S.)    988. 
Interpleading  devisee  or  distributee  and  his 

creditor.      37   L.R.A.  (N.S.)    989. 
Interpleading  devisee  or  distributee  and' one 

claiming   adverselv    to.   or   as    creditor 

of,  the  estate.    37'L.R.A.(N.S.)  989. 
Interpleading  distributees.    37  L.R.A. (N.S.) 

991. 
Interpleading    persons    claiming    to    l>e    a 

named    legatee    of   devisee.      37    L.R.A. 

(N.S.)   991. 
Miscellaneous  cases.     37  L.R.A. (N.S.)    991. 

g  3.  By  one  havin;;  contract  wltli  one 
of  parties  defining^  his  riglits  or 
obligations  as  to   subject  matter. 

Interpleader  where  the  original   relation   is 
contractual.     10  L.R.A. (N.S.)    748. 


INDEX  TO  L.K.A.  NOTES. 


INTERPLEADER— confd 

Interpleader  where  an  indepL-ndcnt  con- 
tractual relation  exi.st:s.  10  L.R.A. 
(N.S.)    758. 


♦  •» 


INTEKPRKTATION. 

See    CONSTRl'CTIOX. 

♦♦-♦ 


INTERPRETKR. 

Evidence  of  conversation  through,  see  Evi- 
dence, §  241. 

Capacity  and  competency  of  interpreter. 
L.R.A.1916F,   120G. 

Improper  inihience  or  interference  with 
grand  jury,  by.     28  L.R.A.  372. 

Validity  of  attestation  of  will  through  in- 
terpreter.   L.R.A.1918B,  691. 

♦-•-♦ 


INTERSECTING  VEINS. 

In  mines.     50  L.R.A.  209. 

*~—^ 

INTERSECTION. 

Of  mining  claims,  see  Mines,  §  7. 


♦*-♦ 

INTERSTATE    COMMERCE. 

See  Commerce. 

♦-»♦ ' 

INTERSTATE    COMMERCE    COMMIS- 
SION. 

Jurisdiction    of    Commission    in    regard    to 

transit    privileges.      L.R.A.1918A,    181. 
Attitude     of     Commission     toward     transit 

privileges.     L.R.A.1918A,   182. 
Power  of  state  court  to  review  rulings  of. 

L.R.A.1917E,  919. 
Action   to  enforce   order   of   reparation   by. 

L.R.A. 1918E,  313. 
Injunction   to   restrain   violation   of   orders 

of.  L.R.A. 1018E,  308. 


INTERSTATE  CORPORATION. 

Extent  and   limit   of   state  authority   over. 
24  L.R.A. (N.S.)    7G9. 


INTERURBAN  RAILROADS. 

§    1.  Generally. 

As  to  railroads,  generally,  see  Railroads. 
As  to  street  railways,  generally,  see  Street 

Raiiavay.s. 
See  also  Electric  Railway.s. 
Consult  also  L.R.A.  Digests  of  Cases. 


INTERURBAN  RAILROADS— cont'd 

Power  of  municipality  over  interurban 
vehicles  used  for  hire.  L.R.A.1918B, 
891. 

Right  of  witness  to  express  opinion  as  to 
speed  of  cars.     L.R.A.1918A,  702. 

Liability  of  company  operating  railroad 
along  highway  for  injury  to  live  stock. 
L.R.A.1917E,  770. 

Frightening  horse  on  highway  by  locomo- 
tive, car,  or  train  running  parallel 
therewith.     33  L.R.A. (N.S.)    123. 

As  affected  by  abrogation  of  fellow  serv- 
ant's rule  as  to  railroads.  17  L.R.A. 
(N.S.)    117.        .        ■ 

Applic'abilitv  of  commerce  clause  or  stat- 
utes thVrcunder  to.  46  L.R.A. (N.S.) 
385. 

§   2.  As   additional   burden. 
See  Eminent  Domain,  §  57. 

§   3.  As  carrier. 

As  to  carriers,  generally,  see  Carriers. 

Is  an  interurban  railroad  company  con- 
trolled by  tlie  general  railroad  law  as 
to  operation  of  railroads  as  carriers 
of  passengers..    67  L.R.A.  637. 

Right  of  municipal  corporation  to  compel 
interurban  cars  to  stop  for  passengers. 
16  L.R.A.(N.S.)    914. 

Duty  of,  as  to  accommodations  for  board- 
ing or  leaving  car  at  country  crossing. 
13  L.R.A.(N.S.)    476. 

Duty  to  provide  and  keep  gate  on  interur- 
ban car  closed.     32  L.R.A. (N.S.)    346. 

§  4.  Contributory  negligence  on  tracks 
of. 

Duty  to  look  and  listen  before  crossing 
tracks  of  electric  road.  15  L.R.A. 
(N.S.)   254. 

Duty  to  look  and  listen  before  crossing  in- 
terurban electric  railway  on  company's 
own  right  of  way.  23  L.R.A.(N.S.) 
1224. 


INTERVENING  CAUSE. 

In  general,  see  Proximate  Cause. 

Failure  of  road  authority  to  make  repairs 
as  intervening  cause  relieving  from  lia- 
bility for  negligence  one  responsible  for 
the  condition  of  the  highway.  3  B.  R. 
C.  1000. 


INTERVENTION. 


In  attachment  suit,  see  Attachment,  §  20. 
In  action  generally,  see  Parties,  §  38. 

Remedy  of  pretermitted  heirs  by  interven- 
ing in  administration.  37  L.R.A. 
(N.S.)    1147. 


758 


INDEX  TO  L.R.A.  NOTES. 


INTIMIDATION. 

Of  witness  as  contempt  of  court.  L.R.A. 
3915D,  571. 

Effect  of  intimidation  during  strike  on  car- 
rier's liability.     35  L.R.A.  627. 

Plea  of  guilty  under  intimidation.  34 
L.R.A.(N.S.)   257. 


INTOXICATED  PERSONS. 

See  Drunkenness;  Habitual  Dbuneabds; 
Intoxicating  "  Liquors. 


INTOXICATING  LIQUORS. 

J.  In  general,   §    1. 
II,  Prohihition  and  regulation,  §§  2- 
8a. 
III.  License;  bond,  §§  9-18. 
IV.   Unlaivful    sales;    offenses;    liquor 

nuisance,   §§   19-37. 
V.  Civil     liability    and    remedies,     §§ 

38-4:1. 

I.  In  general. 

§   1.  Generally. 

As  to  intoxication,  see  Dbuxkexness. 
What    intoxication   will   excuse    crime,    see 

Cbiminal  Law,  §  30. 
Use  of,  by  insured,  see  Insurance,  §  98. 

Intoxicating  liquor  held  for  illegal  purpose 
as  subject  of  larceny.  L.R.A.1918D, 
690. 

Sale  of  stock  of  liquors.    L.R.A.1916D,  1010. 

Sufficiency  of  selection  or  designation  of 
part  sold  out  of  a  larger  lot.  26  L.R.A. 
(N.S.)  36. 

Conducting  liquor  business  in  violation  of 
law  as  affecting  contract  for  its  sale. 
45  L.R.A.  (N.S.)  810. 

Keeping  of,  on  insured  premises.  L.R.A. 
1917C,  278. 

Who  is  engaged  in  the  liquor  business  with- 
in meaning  of  insurance  contract.  45 
L.R.A.  (N.S.)   1144. 

Validity  of  insurance  on  intoxicating 
liquors  as  affected  by  liquor  laws.  31 
L.R.A.(N.S.)    874. 

Scope  and  effect  of  provisions  in  policy  for- 
bidding use  of  intoxicating  liquor.  15 
L.R.A.(N.S.)  206;  25  L.R.A.  (N.S.) 
1241. 

Power  of  brewing  corporation  to  purchase 
or  lease  property  to  be  used  by  retail- 
ers of  its  products.  47  L.R.A. (N.S. ) 
898. 

Power  of  corporation  organized  for  the 
manufacture  and  sale  of  liquor  to 
enter  into  contracts  of  guaranty  or 
suretyship  on  behalf  of  its  customers 
or  prospective  customers.  27  L.R.A. 
(N.S.)   186;  L.R.A.1918C,  1008. 

Voluntariness  of  confession  procured  by 
use  of  intoxicants.  J 8  L.R.A. (N.S.) 
843. 


INTOXICATING  LIQUORS,  I.— cont'd 
Intoxicating  liquors  as  a  family  expense  or 

necessary  within  statute  rendering  wife 
I  or  her  property  liable  therefor.     L.R.A. 

1917F,  861. 
Right  of   municipal    corporation   to   engage 

in  sale  of.     31  L.R.A. (N.S.)    117. 

//.  Prohibition  and  regulation. 

§   2,  Generally. 

Regulation  of  liquors  as  interference  with 
commerce,  see  Commerce,  §  15. 

Conflict  of  laws  as  to  taking  liquor  into 
prohibition  territory,  see  Conflict  of 
Laws,  §  36. 

Disbarment  of  attorney  for  violating  liquor 
law.     L.R.A.1918A,  1192. 

What  is  a  village  within  statutes  or  ordi- 
nances in  relation  to  intoxicating  liq- 
uor.    L.R.A. 1915C,  898. 

Right  to  inspect  liquor  records.  27  L.R.A. 
85. 

On  what  basis  majority  essential  to  adop- 
tion of  high  license  law  is  to  be  com- 
puted.    22  L.R.A.  (N.S.)   478. 

Mandamus  to  compel  public  officials  to  en- 
force the  liquor  law.  28  L.R.A. (N.S.) 
246. 

Injunction  against  bringing  intoxicating 
liquor  into  prohibition  district.  35 
L.R.A.  (N.S.)    879;    L.R.A.1917D,   1027. 

Effect  upon  lease  of  property  for  saloon  or 
passage  of  prohibitorv  laws  during  the 
term.  19  L.R.A.  (N.8.)  904:  23  L.R.A. 
(N.S.)  497;  34  L.R.A.  (N.S.)  773; 
L.R.A.1917C,  935. 

Necessity  for  indictnient  or  info'.mation  for 
sale  of  intoxicating  liquors  contrary  to 
prohibitory  statute  or  ordinance  stat- 
ing name  of  purchaser.  23  L.R.A. 
(N.S.)    582. 

Construction  and  effect  of  Webb-Kenyon 
Act.     L.R.A.1917B,  1229. 

§   2a.  Constitutionality   generally. 

Statute  or  ordinance  forbidding  or  restrict- 
ing advertisements  of  intoxicating  liq- 
uor.    L.R.A.1916B,  895. 

Constitutionality  of  Webb-Kenvon  Act. 
L.R.A.1916C,  307;  L.R.A.1917B,  1229; 
L.R.A.1918B,  455. 

Power  of  municipality  to  prohibit  trans- 
portation of  liquor  into  its  territory. 
L.R.A.1916E,  926. 

Provision  in  act  against  giving  away  of  in- 
toxicating liquor  where  title  only  pro- 
hibits or  regulates  its  sale.  15  L.R.A. 
(N.S.)    430. 

Power  of  legislature  to  permit  sales  of  in- 
toxicating liquors.  14  L.R.A.  (N.S.) 
172. 

Validity  of  municipal  ordinance  declaring 
that  all  or  certain  classes  of  offenses 
denounced  by  law  of  state  shall  be  of- 
fenses also  under  tlie  ordinance.  26 
L.R.A. (N.S.)   493. 

Constitutional  right  of  state  to  declare  cer- 
tain liquor  intoxicating  irrespective  of 
its  intoxicating  character  as  a  matter 
of  fact.     6  L.R.A.  (N.S.)    186. 


Begin  with  this  book  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


759 


INTOXICATING  LIQUORS,  II.— cont'd 
Federal  courts  following  state  decisions  as 
to     validity     of    ordinances    respecting 
traffic    in.  '40    L.R.A.(N.S.)    442. 

§   3.  Constitutionality  of  prohibition. 

Constitutionality  of  statute  forbidding  car- 
rying of  liquors  into  prohibition  dis- 
trict.    17  L.R.A.(N.S.)   29y. 

Exceptions  in  constitutional  prohibition  as 
limitation  upon  legislative  power.  36 
L.R.A.(N.S.)    173. 

Municipal  ordinance  for  punishment  of  sale 
which  is  prohibited  by  statute.  17 
L.R.A.{N.S.)   49. 

Power  to  prohibit  the  manufacture  or  pro- 
duction of  liquor  for  one's  own  use. 
L.R.A.1918A,  419. 

Power  to  prohibit  manufacture  of  alcohol 
or  liquor  for  uses  other  than  as  a 
bevcraj^r.     49    L.R.A.(N.S.)    182. 

Power  to  prohibit  the  keeping  of  intoxicat- 
ing liquor,  irrespective  of  any  inten- 
tion to  sell  it  in  violation  of  law.  24 
L.R.A.(N.S.)  173;  26  L.R.A.(N.S.) 
394;  L.R.A.1915D,  172;  L.R.A.1917D, 
9S8. 

Constitutional  right  to  prohibit  sale  of  in- 
toxicating liquor.  15  L.R.A. 
(N.S.)   908. 

Power  of  state  to  prohibit  solicitation  of 
orders  for  intoxicating  liquors  by  mail 
sent  from  another  state.  36  L.R.A. 
(N.S.)    443. 

§   4.  —  against  non-intoxicating  liquors. 

Constitutional  power  to  prohibit  or  regu- 
late sale  of  nonintoxicating  alcoholic 
liquor.     26   L.R.A. (N.S.)    872. 

Power  of  municipality  to  regulate  the  sale 
of  nonintoxicating  alcoholic  beverages. 
26  L.R.A.(N.S.)   890. 

Power  to  prohibit  or  regulate  the  sale  of 
"soft"  drinks.  34  L.R.A.  (N.S.) 
890. 

Eight  of  state  to  declare  certain  liquor  in- 
toxicating irrespective  of  its  intoxicat* 
ing  character  as  matter  of  fact.  6 
L.R.A.(N.S.)   186. 

§   .5.  Conditions  of  business. 

Validity  of  ordinance  excluding  persons 
from  salvX)n  during  hours  of  closing.  4 
L.R.A.  (N.S.)   109. 

Special  penalty  for  violation  of  Sunday  clos- 
ing act.     15  L.R.A.  (N.S.)   646. 

As  to  statute  making  possession  of  liquor 
prima  facie  evidence  of  illegal  intent  to 
violate  the  law.     1  L.R.A. (N.S.)   620. 

Regulations  affecting  privacy  or  attractive- 
ness of  premises  where  liquor  is 
sold.     50  L.il.A.(N.S.)    1156. 

§   6.  —  exclusion  from  saloons. 

Power  to  exclude  women  from  saloons.     18 

L.R.A. (N.S.)   657. 
Validity    of    statutes    regulating    admission 

of  minors  to  saloons.     22  L.R.A.  (N.S.) 

1007. 
Consult  also  L.R.A.  Digests  of  Cases. 


INTOXICATING  LIQUORS,  II.— cont'd 
Validity    of    ordinance    excluding    persons 

from    saloon    during   hours   of   closing. 

4  L.R.A. (N.S.)    109. 

§   7.  — screens. 

Validity  and  construction  of  regulations 
as  to.     50  L.R.A.(N.S.)    1158. 

Municipal  power  as  to  screens  in  barrooms. 
24  L.R.A,  708. 

Effect  of  temporary  screening  during  pro- 
hibited hours.    21  L.R.A.  (N.S.)  136. 

§   8.  Loc^I  option. 

Prosecution  under  general  liquor  law  for 
sale  in  local-option  territory.  3  L.R.A. 
(N.S.)   620. 

Must  indictment  or  information  for  sale  of 
intoxicating  liquors  in  local  option  dis- 
trict state  name  of  purchaser.  23 
L.R.A. (N.S.)   582. 

Tie  vote  at  local  option  election.  49  L.R.A. 
(N.S.)   1204. 

§   8a.  — constitutionality  of. 

Local-option  laws  as  unconstitutional  dele- 
gation of  legislative  power.  1  L.R.A. 
(N.S.)   483. 

Discrimination  as  between  different  locali- 
ties, in  respect  to  the  right  to  sell  in- 
toxicating liquor.     8  L.R.A, (N.S.)   362. 

Local  option  law  as  affecting  existing  pow- 
er to  regulate  liquor  traffic  under  char- 
ter of  municipality  located  within  local 
option  district.    32  L.R.A.  (N.S.)  534. 

III.  License;   bond. 

§   9.  Generally. 

As  to  licenses  generally,  see  Licenses,  II. 

Consent  of  infant  or  incompetent,  or  his 
guardian,  committee,  or  agent,  to  a  li- 
cense for  the  sale  of  intoxicating  liq- 
uors.    L.R.A.1916D,  819. 

Power  of  city  to  extend  exercise  of  licens- 
ing power  bevond  the  corporate  limits. 
L.R.A.1918C,"528. 

Applicabilitv  of  license  laws  to  vessels. 
L.R.A.1915F,  1142. 

Remedy  in  equity  for  wrongful  issuance  of 
license.      L.R.A.1915E,    408. 

Necessity  of  license  for  the  sale  of  stock  of 
liquors.     L.R.A.1916D,  1010. 

Privilege  or  license  to  sell  as  subject  of 
taxation.     37   L.R.A.  (N.S.)    455. 

Quo  warranto  to  test  validity  of  liquor  li- 
cense.    24   L.R.A. (N.S.)    555. 

Running  two  saloons  in  one  building  under 
single. license.     2   L.R.A.(N.S.)    488. 

Power  of  municipality  to  make  constituent 
elements  or  operations  of  business  inde- 
pendent subjects  of  license  tax.  5 
L.R.A. (N.S.)   619. 

Liability  for  privilege  tax  on  illegal  busi- 
ness or  business  illegally  conducted. 
22  L.R.A. (N.S.)   949. 

Must  indictment  or  information  for.  sale  of 
intoxicating  liquors  without  license 
state  name  of  purcliascr.  23  L.R.A. 
(N.S.)  582. 


760 


INDEX  TO  L.R.A.  NOTES. 


INTOXICATING  LIQUORS,  III.— cont'd 

What  constitutes  hotel  or  tavern  within 
liquor  license  law.  20  L.R.A.(N.S.) 
307. 

Criminal  liability  for  sale  of  liquor  by  co- 
partner, servant  or  agent  without  li- 
cense.    41  L.R.A.  664. 

First  and  last  days  in  computing  time  for 
notice  of  application  for  license.  49 
L.R.A.  246. 

Is  scope  of  license  fixed  by  statute,  appli- 
cation, or  terms  of  license.  35  L.R.A. 
(N.S.)    376. 

Validity  of  new  contract  based  on  sale 
without  a  license.    9  L.R.A. (N.S.)  568. 

Power  to  make  use  of  property  for  sale  of, 
conditional  on  consent  of  neighbors.  8 
L.R.A.(N.S.)   978. 

Burden  of  proof  as  to  license  or  permit 
in  prosecution  for  sale  of  intoxicating 
liquor  without  a  license.  36  L.R.A. 
(N.S.)    98. 

Liquor  license  as  asset.  4  L.R.A. (N.S.) 
626. 

Right  to  recover  price  of  liquor  sold  without 
license.     16  L.R.A.  424. 

§    10.  Amount    of    fee. 

Amount  of  liquor-license  fee  as  character- 
izing tlie  statute  or  ordinance  impos- 
ing it  as  prohibitory  or  regulative.  14 
L.R.A. (N.S.)    794. 

Amount  of  liquor-license  fees  as  character- 
izing statute  or  ordinance  imposing  it 
as  an  exercise  of  t!ie  police  power  or 
of  the  taxing  power.  14  L.R.A.  (N.S.) 
788. 

Right  to  discriminate  between  parts  of  a 
city  as  to  amount  of  license  fees  for 
sale  of  intoxicating  liquor.  21  L.R.A. 
(N.S.)    192. 

g  11.  Petition  for  or  .remonstrance 
against. 

Right  to  withdraw  names  from  petition  for 
or  remonstrance  against  license.  11 
L.R.A.(N.S.)  372;  35  L.R.A.  (N.S.) 
1113. 

§12.  Qnaliflcations  of  licensee. 

Constitutionality  of  requirement  that  holder 
of  license  must  be  resident  of  the  state. 
16  L.R.A. (N.S.)   1033. 

Control  by  mandamus  of  decision  of  li- 
censing officer  as  to  fitness  of  appli- 
cant.    27  L.R.A. (N.S.)   1195. 


g   13.  Discretion  as  to  granting. 

General  doctrine.     21  L.R.A.  580. 
Implied    from    statutory    construction. 

L.R.A.  581. 
The  limit  of  discretion.    21  L.R.A.  581. 
Control  of  such  discretion.     21  L.R.A. 
State  statutes.     21  L.R.A.  585. 
Discretion    of    local    authorities    as   to 

number   of   licenses   to   be   granted 

the    sale    of    intoxicating    liquors. 

L.R.A. (N.S.)    386. 
Begin  unth  this  booh  on  every  Uno 


21 


583. 

the 
for 
18 


INTOXICATING  LIQUORS,  III.— cont'd 
§    13a.  Constitutionality        of       license 
laws. 

License  or  tax  as  contrary  to  a  constitution- 
al provision  prohibiting  or  restrict- 
inn;  trallic  in  intoxicating  liquor. 
L.R.A.1915C,  lOL 

Delegation  of  power  as  to  license.  20 
L.R.A.  722. 

Constitutionality  of  requirement  tliat  holder 
of  liquor  license  must  be  resident  of  tlie 
state.     16   L.R.A.  (N.S.)    1033. 

Amount  of  liquor-license  fees  as  character- 
izing tile  statute  or  ordinance  impos- 
ing it,  as  an  exorcise  of  the  police  pow- 
er, or  of  the  taxing  power.  14  L.R.A. 
(N.S.)    788. 

Amount  of  license  fee  as  characterizing  the 
statute  or  ordinance  imposing  it  as  pro- 
hibitory or  regulative.  14  L.R.A. (N.S.) 
794. 

§   14.  —discrimination. 

Equal  privileges,  and  immunities  as  to  sale 
of.    14  L.R.A.  582. 

Validity  of  police  regulation  discriminat- 
ing in  favor  of  saloons  already  estab- 
lished.    6  L.R.A. (N.S.)    722. 

Discrimination  as  between  different  locali- 
ties, in  respect  to  the  right  to  sell.  8 
L.R.A. (N.S.)    362. 

Right  to  discriminate  between  parts  of  a 
city  as  to  amount  of  license  fees.  21 
L.R.A.  (N.S.)    192. 

Discrimination  against  nonresidents  by 
statute  or  ordinance  as  to  license.  40 
L.R.A.  (N.S.)   284. 

Discrimination  against  women  in  granting 
licenses  to  sell.    49  L.R.A.  111. 

§  15.  Cancelation;  revocation;  for- 
feiture. 

Liability  for  damages  for  wrongful  revoca- 
tion of  liquor  license.  15  L.R.A. (N.S.) 
698. 

g  15a.  — constitutionality  of  provision 
for. 

Constitutionality  of  statute  by  which  con- 
viction of  violation  of  liquor  law  en- 
tails revocation  of  license  and  prohibi- 
tion of  sale  of  liquor.  30  L.R.A. (N.S.) 
1004. 

Validity  of  statute  or  ordinance  providing 
for  forfeiture  of  liquor  license  upon 
conviction  of  licensee  irrespective  of 
appeal.     29  L.R.A. (N.S.)   417. 


§   16.  Recovery  baclc  of  license  fee. 

Recovery  of  unearned  liquor-license  fee.  16 
L.R.A.(N.S.)   512. 

Recovery  of  unearned  liquor  license  fee  up- 
on revocation  of  license  for  misconduct 
of   licensee.     45  L.R.A.  (N.S.)    59;i. 

Right  to  recover  liquor  license  fee  or  un- 
earned portion  thereof  iipon  adoption 
of  legislation  or  regulation  inimical  to 
the  sale  of  intoxicating  liquor.  16 
L.R.A.(N.S.)  519;  L.R.A.1918C,  241. 
question. 


INDEX  TO  L.R.A.  NOTES. 


761 


INTOXICATING  LIQUORS,  III.— cont'd 
§    17.  Bond. 

Must  indictment  or  information  for  sale  of 
intoxicating  liquors  without  giving  pre- 
scribed bond  state  name  of  purchaser. 
23  L.R.A.  (N.S.)   582. 

Liquor  bond  as  affected  by  invalidity  of 
license.     47    L.R.A.(N.S.)    1031. 

§    18.  —liability  on. 

Effect  of  insertion  of  unauthorized  provi- 
sions in.     L.R.A.1917B,  990. 

Liability  of  liquor  dealer's  bond   for  acts  I 
other     than    the     sale    of    liquor. 
L.R.A.1916E,  272. 

When  liability  on  liquor  dealer's  bond  ex- 
hausted. '43  L.R.A. (N.S.)  76. 

Survival  of  cause  of  action  on  liquor  deal- 
er's bond  after  death  of  licensee.  47 
L.R.A.  (N.S.)   183. 

Effect  on  liability  under  liquor  dealer's 
bond  of  his  ignorance  of  purchaser's 
intoxication.     25  L.R.A.  (N.S.)    801. 

Effect  upon  surety  of  judgment  against 
principal.  40  L.R.A.(N.S.)  747;  L.R.A. 
1918E,  822. 

Liability  of  sureties  under  civil  damage  act 
where  sales  causing  injury  were  not 
confined  to  the  period  covered  by  their 
bonds.    25  L.R.A. (N.S.)  585. 

IV.  Unlawful  sales;   offenses;   liq^uor 
nuisance. 

§19.  Generally. 

Interstate     commerce    in,     see    Commerce, 

§  15. 
Conflict   of   laws   as   to,   see   Conflict   of 

Laws,  §  31. 
Sale  by   druggists,   see   Drugs   and   DEua- 

GISTS,    §    4. 

Presumption  and  burden  of  proof  in  prose- 
cution for,  see  Evidence,  §  117. 

Sufficiency  of  evidence  as  to,  see  Evidence, 
§  327. 

Sale  to  habitual  drunkard,  see  Habitual 
Drunkard,  §  2. 

Indictment  for  sale,  see  Indictment,  Infob- 

MATION,    AND    COMPLAINT,    §    22. 

Disbarment  of  attorney  for  violating  liquor 

law.     L.R.A.1918A,  1192. 
Injunction  against  bringing  liquor  into  pro- 
hibition territory.    35  L.R.A.  (N.S. )  879 ; 
L.R.A.1917D,   1027. 
Validity   of   statutory   provision   for   attor- 
ney's  fee   in   proceeding  by   statute  to 
abate  a  liquor  nuisance.     L.R.A. 1915E, 
949. 
Sale  of  stock  of  liquors.    L.R.A. 1916D,  1010. 
Applicability    of     liquor    laws    to    vessels. 

L.R.A. 19ir)F,  1140. 
Purchasing  or  procuring  liquor  for  another 
aw  a  substantive  offense.    45  L.R.A. 
(N.S.)    057. 
Criminal   responsibility  of  purchaser  of  in- 
toxicating   liquors     illegally    sold. 
46  L.R.A. (N.S.)    409. 
Criminal   liability   of  collector   of   draft  at- 
taciied  to  bill  of  lading  of   litjuor.     46 
L.R.A.  (N.S.)    1139. 
Consult  also  L.R.A.  Digests  of  Cases. 


INTOXICATING  LIQUORS,  IV.— cont'd 

Instigation  or  consent  to  violation  of  liquor 
statute  as  a  defense  to  prosecution.  30 
L.R.A.(N.S.)  946;  51  L.R.A.(N.S.)  825. 

Social  treating  as  an  offense.  21  L.R.A. 
(N.S.)   134. 

Constitutionality  of  statute  making  posses- 
sion of  liquor  prima  facie  evidence  of 
illegal  intent  to  violate  it.  1  L.R.A. 
(N.S.)  626. 

Who  is  entitled  to  invoke  certiorari  to  re- 
view a  decree  or  order  affecting  the  sale 
of  intoxicating  liquors.  19  L.R.A. 
(N.S.)   610. 

Several  offenses  growing  out  of  same  facts. 
31    L.R.A. (N.S.)    707,  712,   725. 

Criminal  responsibility  of  corporations  for 
offenses  against  liquor  laws.  2  B.  R.  C. 
251. 

Proof  of  corpus  delicti  in  prosecution  for 
sale  of.     68  L.R.A.  55,  70. 

Evidence  of  other  crimes  in  prosecution  for 
violation  of  liquor  law.  62  L.R.A.  230, 
290,  325. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance.  38 
L.R.A. (N.S.)   317,  321,  325. 

Embezzlement  of  proceeds  of  liquor  sold  in 
violation  of  law.  27  L.R.A.(N.S.) 
415. 

Sufficiency  of  delivery  of  intoxicating  li- 
quors sold  out  of  larger  lot.  26  L.R.A. 
(N.S.)  36. 

§  20.  What  constitutes  a  sale. 

Manufacturing  under  contract  as  a  sale. 
L.R.A.1917B,  606. 

Loan  as.  8  L.R.A. (N.S.)  937:  31  L.R.A. 
(N.S.)  417;  L.R.A.1915C,  648. 

Dividing  consignment  of  liquor  as.  11 
L.R.A.(N.S.)   872. 

Procuring  liquor  for  another  on  physician's 
prescription  for  self  as  an  illegal  sale. 
21  L.R.A.  (N.S.)   1008. 

Effect  of  participating  in  purchase  and  di- 
vision of  quantity  of  liquor  to  render 
one  guilty  of  an  unlawful  sale.  22 
L.R.A. (N.S.)    560. 

Is  one  who  obtains  liquor  for,  and  delivers 
it  to  another,  using  the  latter's 
money,  guilty  of  selling  same.  24 
L.R.A. (N.S.)  268:  28  L.R.A.(N.S.) 
334;  L.R.A.1917D,  1020. 

Delivery  by  express  agent  to  addressee  and 
collection  of  price  of  intoxicating  liquor 
sent  C.  0.  D.  as  a  sale  thereof  by  the 
agent.     2  B.  R.  C.  407. 

Serving  liquor  with  meals  by  proprietor  of 
hotel,  restaurant,  or  boarding  house  as* 
a  sale  thereof.  25  L.RA.(N.S.)  943- 
52  L.R.A.(N.S.)   722. 

Is  serving  liquor  by  a  club  to  its  members  a 
"sale."  L.R.A.1915C,   878. 

§   21.  —sale  at  retail. 

What  amounts  to  retail  sale  as  distin- 
guished from  wholesale.  32  L.R.A. 
(N.S.)   622;  L.R.A.1915B,  389. 

§   2  la.   Sale   on    physician's   certificate. 

Right  to  rely  on  physician's  certificate  in 
selling.    21  L.R.A.  449. 


TG-J 


INDEX  10  L.R.A.  NOTES. 


INTOXICATING  LIQUORS,  IV.— cont'd 
Procuring  liquor  for  another  on  physician's 
prescription  for  self  as  an  illlegal  sale. 
•21  L.R.A.(N.S.)  1008. 
Obtaining  liquor  upon  physician's  prescrip- 
tion for  another's  use  as  a  sale.  24 
L.R.A.(N.S.)    273. 

§   2  2.  Sale  by  .club. 

Applicability  of  liquor  laws  to  social  club 
dispensing  liquors  to  members.  12 
L.R.A.(N.S.)  519;  20  L.R.A.(N.S.) 
1095;  2.3  L.R.A.(N.S.)  192;  38  L.R.A. 
(N.S.)   101;  L.R.A.1915C,  876. 

§  2S.  Sales  by  partner,  servant,  agent, 
etc. 

Criminal  liability  for  violation  of  liquor 
law  by.  41  L.R.A.  660;  16  L.R.A. 
(N.S.)  786;  20  L.R.A. (N.S.)  321;  33 
L.R.A. (N.S.)   419. 

Criminal  responsibility  of  lessor  of  place 
for  illegal  sale  of  inr.oxicating  liquors. 
44   L.R.A. (N.S.)    864. 

Burden  of  proof  as  to  license  or  permit  in 
prosecution  for  sale  without  license  of 
intoxicating  liquors  by  agents  or  serv- 
ants.    36  L.R.A. (N.S.)   100. 

Knowledge  necessary  to  charge  owner  with 
conduct  of  tenants  or  others  in  selling 
intoxicating  liquor  on  premises  in  vio- 
lation of  injunction.  25  L.R.A. (N.S.) 
602. 

Penal  liability  for  sale  of  intoxicating  liquor 
to  minor  acting  as  agent  for  an  adult. 
3  L.R.A.(N.S.)  1196;  25  L.R.A.(N.S.) 
178. 

Obtaining  liquor  for  and  delivering  it  to 
another  with  latter's  money  as  a  sale. 
24  L.R.A.(N.S.)  268;  28  L.R.A.  (N.S.) 
334;  L.R.A.1917D,  1020. 

§   24.  Prohibited  hours  and  days. 

Effect  of  temporary  screening  of  bar  dur- 
ing prohibited  hours.  21  L.R.A.  (N.S.) 
136. 

Opening  saloon  during  prohibited  hours  for 
purposes  other  than  sale  of  liquor.  36 
L.R.A.(N.S.)    167. 

On  what  holidays  unlawful.     19  L.R.A.  317. 

§   25.  —Sundays. 

Duty  of  innkeeper  as  to  furnishing  liquor  to 
traveler  on  Sunday.    2  B.  R.  C.  687. 

Criminal  liability  for  sale  on  Sunday  by  co- 
partner, servant,  or  agent.  41  L!R.A. 
670. 


§  2  6.  Place  of  sale. 

Intention.      44    L.R.A. (N.S.)    437. 

Statutes  purporting  to  fix  the  place  of 
sale.     44  L.R.A. (N.S.)   437. 

Place  where  order  is  taken  as  place  of  sale. 
44  L.R.A. (N.S.)   439. 

Executory  contract;  place  of  acceptance  of 
order  as  place  of  sale.  44  L.R.A. (N.S.) 
442. 

Place  of  delivery  to  carrier  as  place  of  sale. 
44  L.R.A.(N.S.)    450. 

Where  delivery  is  made  without  aid  of  com- 
mon carrier.     44  L.R.A.  (N.S.)    463. 

When  exact  place  of  sale  involved :  sale  on 
preuiises.     44  L.R.A. (N.S.)    466. 

Begin  icitli  this  Ttook  on  every  Jaw  question 


INTOXICATING  LIQUORS,  IV.— cont'd 
Right  of  retail  liquor  dealer  to  deliver  .vith- 

in  license  district,  but  outside  of  place 

designated    in    his    license.      14    L.R.A. 

(N.S.)  1142. 
Shipment   C.   O.  D.;    when   and  where   does 

title    pass.     2    L.R.A.(N.S.)     383;     24 

L.R.A.  (N.S.)    143. 
Must  indictment  or  information  for  sale  of 

liquor  within  prohibited  distance  state 

name  of  person  to  whom  sale  is  made? 

23  L.R.A. (N.S.)   582. 

§    2  7.  — church;    school. 

Liability  on  liquor  dealer's  bond  for  sale 
witiiin  prohibited  distance  of  church. 
L.R.A. 191GE,  277. 

What  is  a  school  or  church,  within  a  stat- 
ute forbidding  traffic  in  intoxicating 
liquors  within  given  distance  of  such  a 
building.  22  L.R.A,  (N.S.)  194;  43 
L.R.A.(N.S.)  1142. 

Sale  by  others  than  retail  saloon  keepers 
as  violation  of  statute  forbidding  sale 
within  given  distance  of  school  or 
church.     39  L.R.A. (N.S.)   615. 

§   28.  Sales  to  minors. 

Penal  liability  for  sale  of  liquors  to  minor 
acting  as  agent  for  adult.  3  L.R.A. 
(N.S.)   1196;  25  L.R.A. (N.S.)   178. 

Criminal  liability  for  sale  of  liquor  to 
minors  by  partners,  agents  or  servants. 
41  L.R.A.  666. 

Validity,  construction,  and  effect  of  statutes 
regulating  admission  of  minors  to  sa- 
loons.    22  L.R.A.(N.S.)   1007. 

§   2  9.  — ignorance  of  minority. 

Seller's  ignorance  of  minority  of  purchaser 
as  defense  to  prosecution  for  sale  of  in- 
toxicating liquor  to  minor.  25  L.R.A. 
(N.S.)  669. 

Effect  on  liability  under  liquor  dealer's 
bond  of  his  ignorance  of  purchaser's 
minority.     25  L.R.A.  (N.S.)   801. 

§   30.  Character  of  liquor. 

Power  to  regulate  or  prohibit  sale  of  non- 
intoxicating  drinks,  see  supra,  §  4. 

Judicial  notice  as  to  intoxicating  character 
of  liquor,  see  Evidence,  §  15. 

What  liquors  are  within  statutory  restric- 
tions as  to  the  sale  of  "spirituous," 
"vinous,"  "fermented,"  and  other  in- 
toxicating liquors.     20  L.R.A.  645. 

Right  of  jurors  to  act  on  their  own  knowl- 
edge as  to.     31   L.R.A.  490. 

Judicial  notice  of  intoxicating  character  of 
mixed  drink.     19  L.R.A. (N.S.)    848. 

Constitutional  right  of  state  to  declare  cer- 
tain liquor  into.xicating  irrespective  of 
its  intoxicating  character  as  a  matter 
of  fact.     6  L.R.A.  (N.S.)   186. 

Is  allegation  or  proof  of  the  sale  of  "beer" 
or  "lager  beer"  sufficient  to  sustain  a 
conviction  under  statutes  proliibiting 
the  sale  of  spirituous,  vinous,  distilled, 
malt,  fermented  or  intoxicating  liquors. 
7  L.R.A.  (N.S.)  195:  25  L.R.A.  (N.S.) 
446;  48  L.R.A. (N.S.)   308. 


INDEX  TO  L.R.A.  NOTES. 


iG3 


INTOXICATING  LIQUORS,  IV.— <'onfd 

Alcoholic  liquids  not  ostensibly  intended  for 
beverages.     L.R.A.1917F,   244. 

Wines  intended  for  sacramental  purposes. 
L.R.A.1918F.  26U. 

Do  statutes  forbidding  tlio  sale  of  a  certiiii 
class  of  liquor  include  nonintoxicutiiig 
liquor.  20  L.R.A.(N.S.)  lUli:  2(5 
L.R.A.(N.S.)  895;  46  L.R.A.(N.S.) 
759;  L.R.A.1918B,  974. 

§  31.  —mistake  in  beverage  as  de- 
fense. 

MistaI.e  in  beverage  as  defense  to  c!iar<;e  of 
Illegal  liquor  sale.  6  L.R.A.(N.S.) 
477;  21  L.R.A.(N.S.)  525;  L.R.A. 
I916D,  266. 

§  32.  Responsibility  of  carrier  for 
transportinR-. 

In  general.     46  L.R.A.  417. 

The  question  of  knosvlcdge.     46  L.R.A.  419. 

What  is  a  transportation  or  conveyance.  46 
L.R.A.  419. 

ilvidence  to  support  conviction.  46  L.R.A. 
420. 

Sufficiency  of  indictment  or  complaint.  46 
L.R.A.  422. 

Duty  of  carrier  to  accept  liquor  for  trans- 
portation to  points  where  its  sale  is 
prohibited  or  restricted.  40  L.R.A. 
(N.S.)    798;   45  L.R.A.  (N.S.)    120. 

What  is  sufficient  to  terminate  interstate 
transportation  of  liquor.  11  L.R.A, 
(N.S.)  550;  23  L.R.A. (N.S.)  1020;  29 
L.R.A. (N.S.)   745. 

Constitutionality,  construction,  and  effect 
of  Webb-Konvon  Act.  L.R.A.1916C, 
301;  L.R.A.19i8B,  455. 

§   33.  —effect   of   mistake. 

Ignorance  of  contents  of  package  as  defense 
to  carrier  in  prosecution  for  transport- 
ing intoxicating  liquor  into  prohibition 
territory.     18  L.R.A. (N.S.)    1182. 

§   34.  Seizure  and  destruction. 

Rijlit  of  private  citizen  to  destroy  liquor 
illegally  kept  for  sale.  26  L.R.A.(N.S.) 
996. 

Right  to  compensation  for  intoxicating  li- 
quor seized  under  a  warrant.  19  L.R.A. 
197. 

Effect  of,  on  rights  or  interests  of  innocent 
persons.     L.R.A.1916E,  350,  354. 

§   35.  Punishment. 

Conviction  or  acquittal  of  sale  of  liquor  as 
a  bar  to  a  prosecution  for  sales  made 
prior  to  the  first  indictment.  45  L.R.A. 
(N.S.)    977. 

Prosecution  and  punishment  of  distinct  of- 
fenses committed  by  single  sale  of 
intoxicating  liquor.     45  L.R.A.  858. 

Municipal  ordinance  for  punishment  of  sale 
which  is  proliibited  by  statute.  17 
L.R.A. (N.S.)    49. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.  574;  L.R.A.1915C,  567. 

§   36.  Injunctfon   agairst   s:ile. 

See  I.\,it;.\(Tiov.   §   28. 

Consult  also  L.R.A.  Digests  of  Cases. 


INTOXICATING  LIQUORS,  IV.— cont'd 
§   3  7.  Liquor  nuisance. 

Injunction  against,  see  Inju>X'TIO.v,  §  28. 

Municipal  regulation  of,  as  a  nuisance.     39 

L.R.A.  525. 
Conviction    of    keeping    a    common    liquor 

nuisance   upon   proof  of  a   single   sale. 

L.R.A.1917F,  1110. 

F.  Civil  liability  and  remedies. 

g   38.  Generally. 

Validity  of  restrictive  agreement  ancillary 
to  sale  of  saloon  business.  24  L.R.A. 
(N.S.)   928;   L.R.A.1916C,  630. 

EfTect  of  landlord's  knowledge  that  tenant 
intends  to  use  property  for  illegal  sale 
of.     19  L.R.A.  (N.S.)    662. 

Right  of  one  who  intends  to  make  an  illegal 
use  of  liquors  to  invoke  aid  of  court  for 
recovery  from  one  who  has  wrongfully 
taken  the  same,     39  L.R.A. (N.S.)    ]09;5. 

Right  of  citizen  or  taxpayer  to  maintain 
proceedings  in  aid  of  enforcement  of 
liquor  laws.     14  L.R.A. (N.S.)    1156. 

Rigjit  of  action  in  absence  "of  civil  damage 
act,  for  injury  or  death  following  un- 
lawful sale  of' liquor,  34  L.R.A. (N.S.) 
1036;  44  L.R.A.(N.S.)  299. 

§   39.  Levy  on. 

Right  to  lew  legal  process  on.  20  L.R.A. 
(N.S.)  1118. 

§   40.  Liability  for  purchase  price. 

Right  to  recover  for  price  of  liquor  sold  for 

illegal  uses.     15  L.R.A.  836. 
Liability  of  purchaser  on  illegal  sale  of  in- 
toxicating liquors.     24  L.R.A.  212. 
Conflict  of  laws  as  to.     61  L.R.A.  417. 
Right  to  recover  price  of  liquor  sold  without 
license.     16  L.R.A.  424. 

§   41.  Civil  damage  act. 

Liability  of  liquor  dealer  on  bond,  see  supra, 

§  18. 
Proximate  cause  of  injury,  see  Pboximath 

Cause,  §  21. 

Wife's  right  of  action  at  common  law 
against  one  selling  liquor  to  husband. 
40    L.R.A. (N.S.)    360. 

Necessity  to  sustain  a  recovery  under  civil- 
damage  act,  that  the  intoxication  be 
the  proximate  cause  of  the  injury.  13 
L.R.A.(N.S.)  1158;  50  L.R.A.  (N.S.) 
858. 

Competency  of  wife  to  testify  as  to  mis- 
conduct of  husband  in  action  under 
civil  damage  act.     .39  L.R.A. (N.S.)   316. 

Basis  for  determining  earning  capacity  in 
action   under.     L.R.A.1918F,  654. 

Excessive  damages  under  civil  damage  act 
for  death  through  intoxication.  L.R.A. 
1916D,  943. 


INTOXICATION. 

See  Drunkenness. 


764 


INDEX  TO  L.R.A.  .NOTES. 


INVALID   CLAIM. 

As  subject  of  valid  compromise.     25  L.R.A. 
(N.S.)    275. 


INVENTIONS. 


In  general,  see  Patents. 

Specific    performance    of    contract    as    to. 

L.R.A.1918E,  617. 
Payment    for    corporate    stock    with.       16 

L.R.A.  (N.S.)  520. 
Right  of  public  to  benefit  of  inventions  made 

by   oflScer   or   employee.     L.R,A.1917B, 

1183. 

♦♦»  ■ 


INVENTORY. 


On  assignment  for  creditors,  see  Assign- 
ment FOE  Creditors,  §  6. 

Requirements  of  iron-safe  clause  in  policy 
as  to,  see  Insurance,  §  79. 


INVERSE  ORDER  OF  ALIENATION. 

See  Marshaling  Assets  and  Secxjbities, 
§  2. 


INVESTIGATION. 


Effect  of  attempted  investigation  on  right 
to  rely  on  representations.  37  L.R.A. 
600. 


INVESTMENT. 


INVESTMENT— cont'd 

Creation  of  partnership  by  provision  for 
taking  profits  from  investment  of  cap- 
ital as  compensation.  18  L.R.A. (N.S.) 
1047. 

Deduction  from  state  tax  on  national  banks 
for  investments.     45  L.R.A.  757. 


INVEST3fENT  SECURITIES. 

Constitutionality  of  Blue  Sky  Laws.    L.R.A. 
1917F,  524. 


INVITATION. 


Invitation  to  violate  injunction  as  justifi- 
cation for  so  doing.  9  L.R.A. (N.S.) 
304. 


-♦-•"♦- 


INVITEES. 


Liability  of  landlord  for  injury  to  invitees^ 
of  tenant,  see  Landlord  and  Tenant, 
IV.  d,  4. 

Duty  to,  generally,  see  Negligence,  I.  b,  3. 


INVOLUNTARY  EVIDENCE. 

See  Evidence,  IX. 


Of  public  money,  see  Public  Money,  §  la. 
By  trustee,  see  Trusts,  §  26a. 

Scheme  for  investment  of  small  sums  as 
constituting  insurance.  47  L.R.A. 
(N.S.)    296. 

Liability  of  executor  or  trustee  for  loss  of 
funds  through  failure  of  bank.  14 
L.R.A.  103. 

Liability  of  executors,  trustees,  etc.,  for 
compound  interest  for  failure  to 
invest.     29  L.R.A.  636. 

Direction  to  executor  in  will  to  continue 
investment  of  stocks,  bonds,  or  notes 
as  determining  whether  bequest  is  gen- 
eral  or   specific.      11   L.R.A. (N.S.)    83. 

Effect  of  investment  by  husband  in  liis  own 
name  of  wife's  separate  property  in 
real  estate  to  create  trust  in  her  favor. 
6  L.R.A. (N.S.)  381;  26  L.R.A. (N.S.) 
161. 

Liability  of  corporate  directors  for  loss  by 
making.     55  L.R.A.  762. 

Liability  of  bank  directors  in  case  of  bad 
loans  or  investments.  55  L.R.A.  751; 
39    L.R.A. (N.S.)    173. 

Begin  with  this  hooTc  on  every  Utw  question. 


INVOLUNTARY  INTOXICATION. 

As  excuse  for  crime.     36  L.R.A,  484. 


INVOLUNTARY  PAYMENTS. 

Recovery  back  of,  see  Assumpsit,  §  4. 


INVOLUNTARY   SERVITUDE. 

Restraint  on  freedom  of  child  as  involun- 
tary  servitude.      18   L.R.A.  (N.S.)    893. 

Statute  creating  prima  facie  rules  of  evi- 
dence in  criminal  case  as  infringement 
against  constitutional  prohibition 
against  involuntary  servitude.  L.R.A. 
1915C,  725. 


IRONICAL    ARTICLE. 


As  libel.     4  L.R.A. (N.S.)    861. 


IKDEX  TO  L.R.A.  NOTES. 


765 


IRON  MIIiL. 

What    is,    within    meaning    of    workmen's 
compensation  act.     I^R.A.1916A,  201. 


IRON -SAFE   CliAUSE. 


See  Insuraxce,  §  79. 


IRON  WORKS. 


Servants  in,  as  fellow  servants.     50  L.R.A. 
460. 


IRREGULAR  INDORSER. 

''^ee  Bills  and  Notes,  §  29. 

♦-»♦ — 

IRRELIGIOUS  WORKS. 

Common-law  rights  in.     51  L.R.A.  360. 
♦-•-♦^ • 

IRREPARABLE   INJURY. 

As  ground  for  injunction,  see  Injunction, 
§  5. 


IRRESISTIBLE  IMPULSE. 

As  an  excuse  for  crime,  see  Cbiminal  Law, 
§  9. 

Suicide  under  irresistible  impulse  as  within 
words  "sane  or  insane"  or  other  words 
relating  to  mental  condition  in  suicide 
clause  in  policy.     17  L,R.A.(N.S.)  264. 


IRRIGATION. 

See  Waters,  §§  92-97. 


IRRIGATION   COMPANY. 

State  regulations  of  rates  of.  12  L.R.A. 
(N.S.)    711;  L.R.A.1915D,  1205. 

Right  of  stockholder  in  mutual  irrigation 
company  to  maintain  action  against 
the  company  for  negligent  failure  to 
furnish   water.     L.R.A.1915D,  292. 

Mandamus  to  enforce  the  right  of  a  stock- 
holder to  water.     24  L.R.A.(N.S.)  372. 


IRRITATION. 


Of    accused    as    affecting    voluntariness    of 
confession.      18   L.R.A. (N.S.)    790. 


ISLANDS. 

Title  to,  see  Watebs,  §§  23,  44. 


ISOLATED    TRANSACTION. 

By  foreign  corporation   as   doing   business 
within  state.     10  L.R.A. (N.S.)    693. 


ISOLATION. 

Of  infected  persons.     26  L.R.A.  489. 


ISSUE. 

Rights  of,  under  rule  in  Shelley's  Case,  see 
Deeds,  §  30;  Wills,  §  82. 

Presumption  and  sufficiency  of  evidence  as 

to   death   without   issue.     4   B.   R.   C. 

632. 

Doctrine  as  to  possibility  of  issue  extinct 

as    affecting   property    rights.      48 

L.R.A.(N.S.)    865. 


ITINERANT  VENDERS. 

Discrimination     against     nonresidents     by 
.    statute  or  ordinance  as  to  license.     40 
L.R.A. (N.S.)    286. 


JACKS. 

Right  of  municipality  to  prohibit  the  keep- 
ing, standing,  or  exhibiting  of.  11 
L.R.A.  (N.S.)     736. 

Express  warranty  as  to,  as  excluding  im- 
plied warranty.     33  L.R.A. (N.S.)    505. 

Master's  liability  for  injury  by  defects  in 
lifting  jack.     51    L.R.A. (N.S.)    339. 

Consult  also  L.R.A.  Digests  of  Cases. 


JACKSCREW. 

Master's  liability  for  injury  by  defect  in. 
13  L.R.A.(N.S.)   679. 


♦  «  » 


JAIL  BOND. 

'Vhen  discharge  of  principal  in  bankruptcy 
will  release  surety  on.  14  L.R.A. (N.S.) 
511. 


766 


INDEX  TO  L.R.A.  NOTES. 


JAILER. 

Service  on,  for  prisoner.     46  L.R.A.  708. 
Liability  for  detention  of  person  improper- 
ly arrested.     42   L.R.A.  (N.S.)    74. 


JAIIiS  AND  PRISONS. 

§    1.  Generally. 

Reformatories^  see  Rkformatobies. 

Imprisonment  in  penitentiary  as  cruel  and 
unusual  punishment.  35  L.R.A.  564; 
L.R.A.1915C,  660. 

Delay  of  prosecution  as  ground  for  dis- 
charge of  accused  who  is  in  peniten- 
tiary.    56  L.R.A,  5.S4. 

Right  to  lease  prison.     27  L.R.A.  608. 

Validity  of  decree  of  divorce  obtained  on 
publication  or  service  out  of  state 
where  defendant  was  confined  in  prison. 
19  L.R.A.  816,  821. 

§   2.  liiabillty  fop  injury  to  person  In. 

Liability  of  municipality  for  tort)  in  con- 
nection with.     25   L.RJl(N.S.)    98. 

Liability  of  county  or  municipality  for  in- 
jury to  one  employed  in  or  about  a 
jail,  prison,  or  other  house  of  detention 
maintained  by  it.  2.3  L.R.A.  (N.S.) 
910. 

§   3.  —  nnflt  condition. 

Right  of  action  for  imprisonment  in  un- 
healtliful  or  unfit  prison  or  jail.  36 
L.R.A.    293:    2    L.R.A.  (N.S.)    95. 

§  4.  Liability  for  tort  of  keeper  or  in- 
mate of. 

Liability  of  municipality  for  negligence  or 
other  tort  of  keeper  or  inmate  of  mu- 
nicipal prison.  25  L.R.A.  (N.S.)  180; 
62  L.R.A. (N.S.)   943. 

§  5,  Injury  to  neighboring  property 
from. 

Liability  of  municipal  corporation  for  in- 
jury to  neighboring  property  from 
maintenance  of  prison.  34  L.R.A. 
(N.S.)    401. 


JAILS  AND  PRISONS— cont'd 

Constitutionality  of  statute  punishing  es- 
cape by  reimprisonment  for  term  de- 
pendent upon  length  of  original  term. 
22  L.R.A.  (N.S.)    1123. 


JAMAICA  GINGER. 

Judicial  notice  of  intoxicating  cl)aracter 
48  L.R.A.  (N.S.)    307. 


of. 


§   6.  Escape  from. 

When  imprisonment  wholly  illegal  and  void. 

15   L.R.A.    190. 
Imprisonment  on  suspicion,  etc.     15  L.R.A. 

191. 
Fflformality  of  commitment.     15  L.R.A.  191. 
Innocence   of    acciKsed    as    an    element.      15 

L.R.A.  191. 
Justification   of   prison   broach.      52   L.R.A. 

(N.S.)    369. 
Liability  of  county  for.     39  L.R.A.  60. 
Right  of  peace  officer  to  enter  dwelling  to 

recapture  escaping  prisoner.     16  L.R,A. 

501. 
One   accepting   aid    to   escape   from   jail   as 

accomplice    of    person    giving    aid.      24 

L.R.A.  (N.S.)    625. 
Begin  n'ith  this  hook  on  every  law  question. 


JANITORS. 


Applicability  to  school  janitors  of  Work, 
men's  Compensation  Acts.  L.R.A. 
1918F,  192. 

•^-•^ — 


JAPAN. 

Jurisdiction  and  powers  of  consul  in  Japan 
in  civil  cases.     45  L.R.A.  486. 


JEALOUSY. 


Responsibilitv   for    crime   committed   in   fit 
of.     10  L.R.A.  (N.S.)    1032. 


JEOPARDY. 


Former    jeopardv.    see    Cbimin.\l    Law.    §§ 
59-64. 


JERKS. 

Injury   to   passenger   bv.   see   Carriers,   §§ 
66,   07. 


JIM  CROW  CARS. 

See  Carriers,  §  43. 


JITNEY    BLTSSES. 


Person     or    company    operating    passenger 
automobile  for  hire  as  a  common  car- 
rier.    L.R.A.1918F,  468. 
Regulation  of   jitnev  busses.     L.R.A.1915F, 
840;     L.R.A.igieB,     1156;     L.R.A. 
191 8B,  912:    L.R.A.1918F,   475. 
As   to  lights.     L.R.A.1918B,   828. 
Power  of  municipalitv  over   interurban  ve- 
hicles used  for  hire.    L.R.A.  1918B.  891. 


JOBBERS. 


Unlawful    combination    of,    see    MoxopOLT 
AND  Combinations,  §  9. 


INDEX  TO  L.R.A.  NOTES. 


767 


JOBBERS— cont'd 

Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  jobbing  business  as 
affected  by  its  territorial  scope.  L.R.A. 
1916C,  631. 


JOINDER. 

Of  actions,  see  Actiox  or  Suit,  §§  18,  19. 
Of   indictments,  see   Indictment,   Infokma- 

TiON,  AND  Complaint,  §  31. 
Of  parties,  see  Parties.  §§  2.5,  36. 

Joining   in   petition   for   local    improvement 

as  estoppel  to  denv  benefits.     36  L.R.A. 

(N.S.)    41. 
Lease  as  encumbrance  or  conveyance  witliin 

statute  requiring  joinder  of  spouse.     39 

L.R.A.  ( N.S. ;    67.5. 


JOINT  ACCOUNTS. 


In  savings  banlcs.     31  L.R.A.  454. 
♦*-♦ 


JOINT    ACTIONS. 


Fee  Par.iks,  §§  25,  36. 


JOINT    ADVENTURE. 

Effect  of  secict  advantage  to  one  uiembcr 
of  a  joint  adventure.  50  L.R.A. (N.S.) 
1046. 

Effect  of  failure  to  aid  in  joint  enterprise 
to  exclude  from  participation  in  the 
profits  thereof.     L.R.A.1918B,  678. 

Imputed  negligence  of  passenger  riding  in 
automobile  driven  by  another  in  case 
of  joint  enterprise.     L.R.A.191.5B,  955. 


JOINT   BENEFIT. 


Purchase  for,  at  judicial  sale  as  suppres- 
sion of  competition.  42  L.R.A. (N.S.) 
1206. 


JOINT    BONDS. 

Effect  of  delivery  of  joint  bond  without  be- 
ing signed  by  prijicipal  obligor.  12 
L.R.A.  (N.S.)  'ni8. 


JOINT    CONTRACTS. 

See  Joint  Crcoitors  a.nd  Debtors,  §  2. 

■♦•♦■   — ■ — 

JOINT  CREDITORS  AND  DEBTORS. 

/.  Jn  gcneial,  §§   1-7. 
MI.  Release  of  one  joint  debtor,  §§   8- 

11. 
Consult  also  L.R.A.  Digests  of  Cases. 


I.  In   general. 

§    1.  Generally. 

Joint  liability  of  trustees,  see  Trusts.  §  27. 

Condition  as  to  execution  of  contract  bv 
others.     45    L.R.A.  321. 

Power  of  one  of  several  joint  purchasers  at 
judicial  sale  to  bind  others.  35  L.R.A. 
(N.S.)     1139. 

Payment  acknowledgment,  or  promise  to 
pay  by  joint  debtor  as  agent  of  co- 
debtor  as  suspending  or  tolling  statute 
of  limitations  as  to  himself.  38  L.R.A. 
(N.S.)   685. 

Bv  wliom  action  to  be  brought  in  case  of 
joint  obligees.     64  L.R.A.  603. 

Effect  of  death  of  one  of  several  joint  cred- 
itors upon  the  remedy  bv  execution. 
61    L.R.A.   386. 

Necessity  of  exhaustion  of  remedy  as  to 
joint  debtors  as  condition  precedent  to 
creditor's    bill.      23    L.Rj\..(N.8.)     75. 

Effect  of  transfer  by  one  joint  debtor  or 
contractor  without  indorsement  of 
worthless  check  or  note  to  third  person. 
10  L.R.A.(N.S.)    549. 

Due  process  in  service  on  joint  debtors.  50 
L.R.A.  5<>5. 

Liability  of  several  persons  whose  independ- 
ent wrongs  of  the  same  kind  contribute 
to  enhance  degree  or  extent  of  injury 
sustained  by  plaintiff.  40  L.R.A, (N.S.) 
102. 

Validity  and  effect,  as  against  defendant 
not  personally  served  within  the  state, 
of  a  judgment  in  personam  against 
joint  debtors.     35  L.R.A. (N.S.)    312. 

Binding  effect  of  judgment  against  actual 
tort-feasor  upon  one  who  is  construc- 
tively responsible  for  his  torts.  L.R.A. 
1918E,  232. 

Rights  of  individual  tort-feasors  against 
whom  a  joint  verdict  has  been  obtained, 
as  to  new  trial  and  appeal.  27  L.R.A. 
(N.S.)   209;  L.R.A.1918C,  970. 

Curing  separate  verdicts  rendered  in  action 
for   joint   tort.      10   L.R.A. (N.S.)    191. 

Set-off  in  bankruptcy  cases.     55  L.R.A.  41. 

Removal,  because  of  separable  controversy, 
of  actions  based  upon  joint  or  joint 
and  several  liability.  5  L.R.A. (N.S.) 
62,  91. 

Form  of  judgment  under  statute  permitting 
action  to  proceed  upon  service  of  less 
than  all  the  joint  debtors  sued.  43 
L.R.A. (N.S.)    540. 

Liability    of    sureties    on    bond    in    judicial 
proceedings  where  judgment  is  in  favor 
I  of  one  principal   and   against  anotlier. 

I  51  L.R.A.  (N.S.)  655. 

j  Right  of  client  to  recover  from  third  per- 
son for  services  rendered  bv  attorney 
which  benefit  both.     L.R.A.1915B,  85(5. 

Effect  of  waiver  or  tolling  of  statute  of 
limitations  or  nonclaira  by  personal 
representative  of  one  joint  debtor  upon 
liability  of  other  joint  debtors.  I..H..\. 
]915B,*1049. 

§   2.  Joint  liability  ou  coutraet. 

Indorsement  by  one  of  two  joint  payees  or 
indor-secs  of  a  bill  or  note.  18  L.R.A. 
(N.S.)    630. 


t68 


INDEX  TO  L.R.A.  NOTES. 


JOINT  CREDITORS  AND  DEBTORS,  I.— 
cont'd 

^Yhetllt'I•  liability  on  Lloyd's  policy  several 

or  joint.     55  L.R.A.  199. 
Fixing  the  extent  of  liability  of  the  several 

obligors  to  an  agreement  as  making  it 

joint   and  several    or    several.     L.R.A. 

1915B,  221. 

§  3.  Joint  liability  for  torts  or  negli- 
gence. 

Joint  liability  of  municipality  and  others 
for  injury  due  to  defect  in  street,  see 
Highway's,  §  94. 

Joint  liability  of  master  and  servant,  see 
Master  and  Servant,  §  199. 

Joint  liabilitv  for  pollution  of  stream.  22 
L.R.A.(N.S.)    282. 

Joint  tort  by  pollution  of  stream  for  min- 
ing purposes.     24   L.R.A.   66. 

Under  what  circumstances  will  the  wrong- 
ful lev}-  of  several  attachments  render 
the  attaching  creditors  jointly  liable. 
6  L.R.A.(N.S.)   598. 

Joint  liability  of  master  and  person  install- 
ing machinerv  to  employee  injured  dur- 
ing installation.     30  L.R.A. (N.S.)   734. 

Character  of  the  liability  of  several  persons 
whose  independent  wrongs  of  the  same 
kind  contribute  to  enhance  the  degree 
or  extent  of  the  injury  sustained  by 
plaintiflF."     10  L.R.A.(N.S.)    167. 

Provisions  in  lease,  license,  or  other  con- 
tract as  to  railroad  for  joint  liability 
for  injuries  caused  by  negligence.  44 
L.R.A.  754. 

Removal,  because  of  separable  controversy, 
of  actions  in  tort  based  on  joint  lia- 
bility,    o   L.R.A. (N.S.)    92. 

Joint  liabilitj-  of  successive  owners  of  prop- 
ertv  for  nuisance  maintained  there- 
on.'   46  L.R.A. (N.S.)    1187. 

Liability  of  joint  employers  for  torts  of  the 
employees.     51  L.R.A.  (N.S.)    866. 

Joint  liability  under  workmen's  compensa- 
tion acts  of  employer  and  third  person 
whose  negligence  causes  the  injury. 
L.R.A.1916A,  101. 

Liability  of  co-owners  of  automobile. 
L.R.A.  1916E,  1301. 

Liability  of  joint  owners  of  automobile  or 
carriage  for  torts  of  common  servant. 
51  L.R.A.  (N.S.)    1116. 

Joint  liability  for  injury  resulting  from 
failure  to  prevent  contact  of  wires  car- 
rying electric  current.  52  L.R.A.(N.S.) 
603. 

§   4.  Several  liability  for  tort. 

Liability  in  damages  of  one  of  several  pol- 
luters of  a  stream.  24  L.R.A. (N.S.) 
1186. 

§  5.  Joint  and  several  liability  for 
tort. 

Of  partnership.     51  L.R.A.  495. 

Removal,  because  of  separable  controversy, 
of  actions  in  tort  based  on  joint  and 
several  liability.     5  L.R.A.(N.S.)  92. 

§   6.  Contribution     between    joint     tort 

feasors. 
See  Co'TRiBUTiox,  §  2. 
Begin  xoith  this  hooTc  on  every  law  question. 


JOINT  CREDITORS  AND  DEBTORS,  I.— 

cont'd 
§   1.  Recovery    over    against    one    tort 

feasor. 

Recovery  over  by  municipality  for  injury 
due  to  defect  in  street,  see  Highways, 
§  95. 

Liability  over,  generally,  to  person  second- 
arily liable,  see  I.nuemmty,  §§  2,  3. 

Right  of  one  constructively  liable  for  tort 
to  indemnity  from  one  actually  respon- 
sible for  its  commission.  40  L.R.A. 
(N.S.)    1147. 

Right  of  employer  who  has  been  held  liable 
for  tort  of,  or  upon,  servant  or  con- 
tractor, to  recover  over  from  actual 
wrongdoer.     40   L.R.A. (N.S.)    1158. 

Assignment  of  a  claim  ex  delicto  to  one 
against  whom  it  was  asserted  as  en- 
abling him  to  maintain  action  thereon 
against  third  person.  7  L.R.A. (N.S.) 
534. 

Right  of  action  of  one  legally  responsible 
for  another's  death  against  a  third 
person  whose  negligepce  caused  the 
death.     36  L.R.A. (N.S.)    60. 

•Judgment  against  one  as  prima  facie  evi- 
dence of  amount  of  damages  against 
another,  liable  over,  who  had  no  notice 
of  original  suit.     16  L.R.A. (N.S.)   911. 

II.  Release   of  one  joint  debtor, 

§   8.  Generally. 

Effect  of  payment  of  one  joint  debtor  to 
extinguish  judgment.     68  L.R.A.  514. 

Effect  of  release  of  one  joint  tort  feasor  on 
liability  of  tlie  other.  58  L.R.A. 
293;  L.R.A.1918F,  363.     • 

Release  of  employer  by  acceptance  of  bene- 
fit of  relief  fund  as  affecting  other  tort- 
feasor. 48  L.R.A.  (N.S.)  450;  L.R.A. 
1918A,  996. 

Effect  of  release  of  one  person  from  lia- 
bility for  tort  to  release  another,  where 
former  was  not  in  fact  or  law  liable. 
14  L.R.A.(N.S.)  322;  L.R.A.1918D,  183. 

Effect  of  covenant  not  to  sue  one  joint  tort 
feasor  as  a  release  of  other.  24  L.R.A. 
(N.S.)    451. 

Previous  release  of  joint  tort  feasor  by  serv- 
ant executing  release  on  accepting 
benefits  of  relief  fund.  11  L.R.A. 
(N.S.)   201. 

Taking  note  of  one  joint  debtor  as  payment. 
35  L.R.A. (N.S.)   61. 

Effect  of  payment  of  joint  judgment  on 
commercial  paper  bv  surety.  68 
L.R.A.   562. 

Effect  of  voluntary  discharge  of  one  of  two 
or  more  suretjes  or  guarantors  on  lia- 
bility of  cosureties  or  guarantors. 
L.R.A.1918E,  95. 

Effect  of  discharge  of  one  surety  by  failure 
to  comply  with  his  demand  to  proceed 
in  the  enforcement  cf  the  obligation  to 
release  cosureties.    L.R.A.1918C,  24,  50. 

§  9.  Reservation  of  rights  against 
otliers. 

Effect,  in  release  of  one  joint  tort  feasor,  of 
reservation  of  right  as  ayn^nst  others. 
19  L.R.A.{N.8.)  618;  L.R.A.1915E.  800. 


INDEX  TO  L.R.A.  NOTES. 


769 


JOINT  CREDITORS  AND  DEBTORS,  II.— 
cont'd 

Effect  of  reservation  of  right  against  other 
sureties  in  case  of  covenant  not  to  sue 
one  of  two  or  more  sureties  or  guaran- 
tors.    L.R.A.1918E,  99. 

Right  to  show  by  extrinsic  evidence  that 
payment  of  judgment  against,  or  con- 
sideration for  release  of,  alleged  joint 
tort  feasor  was  not  a  satisfaction  of 
claim.  14  L.R.A.  (N.S.)  329;  33  L.R.A, 
(N.S.)    983. 

Effect  on  pre-existing  judgments  of  statutes 
permitting  release  of  one  joint  judg- 
ment debtor  without  affecting  the 
others.      9    L.R.A. (N.S.)     1066. 

§  10.  Effect  of  judgment  against,  one 
debtor  or  tort  feasor. 

Effect  of  judgment  against  one  joint  tort 
feasor  upon  liabilitv  of  the  othqr. 
58  L.R.A.   410;   L.R.A.1918D,  308. 
Effect    of    judgment   in    an    action    against 
part  of  the  obligors  on  a  joint  or 
joint   and   several   contract   to   re- 
lease or  limit  the  liabilitv  of  oth- 
er obligors.     43  L.R.A.  161. 
Conclusiveness  of  judgment  against  a  con- 
structive  tort   feasor    in   a    subsequent 
action   for   contribution   or    indemnity. 
40  L.R.A.(N.S.)    1172. 

§  11.  Effect  of  judgment  or  verdict  in 
favor  of  one  debtor  or  tort  feasor. 

Effect  of  judgment  in  favor  of  one  defend- 
ant charged  with  negligence,  on  liabil- 
itv of  codefendant.  2  L.R.A.  (N.SJJ 
764. 

Effp-ct  of  verdict  for  servant  in  an  action 
against  master  and  servant  for  serv- 
ant's negligence  or  misfeasance.  9 
L.R.A.  (N.S.)  880;  30  L.R.A.(N.S.) 
404:  L.R.A.1917E,  1029. 

Availability  of  judgment  in  favor  of  imme- 
diate actor  in  alleged  wrong  as  estop- 
pel in  favor  of  one  whose  wrong,  if 
any,  was  derivative.  16  L.R.A. (N.S.) 
077. 


JOINT  DEBTORS. 

See  Joint  Ckeditors  and  Debtors. 
«-•-» 


JOINT  DEFENDANTS. 

See  CODEFENDANTS. 

■»•» 

JOINT   DEPOSIT. 

JEffect  of  deposit  of  funds  belonging  to  the 
depositor  in  a  bank  account  in  the  name 
of  himself  and  another.  L.R.A.1917C, 
550. 

As  gift  to  codepositor,  12  L.R.A.  (N.S.) 
355. 

Pavment  of  monev  deposited  on  joint  ac- 
count.    L.R.AJ915D,  920. 

<yo»su1t  also  L.R.A.  Digests  of  Cases 


JOINT   EMPLOYERS. 

Liability  of  joint  employers  for  torts  of  the 
employees.     51  L.R.A. (N.S.)    866. 

Liability  of  joint  owners  of  automobile  or 
carriage  for  joint  torts  of  common  serv- 
ant.    51  L.R.A.  (N.S.)   1116.  ' 

♦-»♦ 


JOINT  ENTERPRISE, 

See  Joint  Adventube. 


JOINT   ESTATES. 


Operation  and  effect  of  rule  in  Shelley's 
Case  in  case  of  joint  estates.  29  L.R.A. 
(N.S.)    995. 

Devise  or  bequest  to  one  and  his  children 
as  giving  the  children  an  estate  joint- 
ly or  in  common  with  the  parent. 
L.R.A.  191 7B,  49. 

Conveyance  to  one  and  his  children  as  giv- 
ing the  children  an  estate  jointly  or 
in  common  with  the  parent  or  a  remain- 
der upon  a  life  estate  in  the  parent. 
L.R.A.1917B,  76. 


JOINT    EXECUTORS    AND    ADMINIS- 
TRATORS. 

Power  of  one  of  two  or  more  personal  repre- 
sentatives to  waive  or  toll  statute  of 
limitations  or  nonclaim  as  to  an  in- 
debtedness of  the  estate.  L.R.A.1915B, 
1039. 


JOINT  FINDERS. 


Of  lost  property.     37  L.R.A.  120. 
Rights  inter  se.    19  L.R.A. (N.S.)   1201. 


♦  «» 


JOINT   LIABILITY. 

See  Joint  Creditors  and  Debtors. 


JOINT  LIENS. 


May  two  or  more  vessels  be  subjected  to  a 
joint  maritime  lien.    L.R.A. 1917E,  529. 


♦-•-♦ 

JOINT   MAKERS. 

Presentment  of  note  to.     36  L.R.A.  703. 

♦*-♦ 

JOINT   OFFENSE. 

Against  fishery  laAvs.     39  L.R.A.  590. 


49 


770 


INDEX  TO  L.R.A.  NOTES. 


JOIXT    OWXERS. 

See  Co-owners. 


♦-•-♦ 

JOINT  PURCHASERS. 

Power  of  one  of  several  joint  purchasers  at 
judicial  sale  to  bind  others.  35  L.R.A. 
(N.S.)   1139. 

Effect  of  secret  advantage  to  one  of  several 
joint  purchasers.    43  L.R.A. (N.S.)  934. 

: ♦-»♦ 


JOINT  RESOLUTION. 

Effect  of.    2  L.R.A.  612.* 


JOINT-STOCK  COMPANY. 

Legality    of,    at    common    law.     6    L.R.A. 
(N.S.)   665. 


JOINT   TENANTS. 
See  Cotenancy. 

♦<-♦ 

JOINT  TORT  FEASORS. 

See  Joint  Creditors  and  Debtors. 


JOINT  TRESPASSERS. 

See  Joint  Creditors  and  Debtors. 


JOINT  UNDERTAKINGS. 

Applicability  to  suretyship  of  death  as  ter- 
mination of  joint  undertakings.  2 
B.  R.  C.  950. 

Between  initial  and  connecting  carrier.  31 
L.R.A.(N.S.)     44. 


See  DowEB. 


JOINTURE. 


JOINT   USE. 


Liability  for  injury  to  servants  arising 
from  joint  use  of  premises  by  several 
employers.     46  L.R.A.  94. 

By  different  factions  of  religious  society. 
3  L.R.A.(N.S.)  878. 


JOINT  WlliliS. 


JOLTS. 

Injury  to  passenger  bv,  see  Carriers,  §§  66, 
67. 


JOURNALS. 


Legislative  journals,  see  Statutes,   §§  11, 
12. 


JOY    RIDE. 


Liability  of  owner  for  injuries  caused  by 
automobile  M'hile  being  used  by  serv- 
ant or  third  person  for  his  own  busi- 
*■  ness  or  pleasure.  1  L.R.A.  (X.S.)  214; 
9  L.R.A.(N.S.)  1035;  14  L.R.A. (X.S.) 
216:  21  L.R.A. (N.S.)  93:  26  L.R.A. 
(N.S.)  382;  33  L.R.A.  (X.S.)  79:  37 
L.R.A. (N.S.)  834;  47  L.R.A.  (X.S.) 
662;  L.R.A.1916A,  957. 


JUDGE    PRO    TEM. 

Authority  of,  as  to  bills  of  exceptions  and 
cases  made.     42  L,R.A.(X.S.)    616. 


See  Wills,  §§  6,  35,  49. 

Jiegin  with  this  hooJc  on  every  law  question. 


JUDGES. 

§    1.  Generally.  , 

Conduct  of  judge  as  ground  for  reversal,  see 

Appeal  and  Error,  §  38. 
Contempt  of,  see  Contempt,  §§  6,  7. 
Recall  of,  see  Initiative,  Referendum,  and 

Recall,  §  2. 
Sickness  of,  see  Sickness,  §  3. 
Absence   of,   during   trial,   see   Trial,    §    3. 
Communication  between  judge  and  jury,  see 

Trial,  §  5. 
Competency  of,  as  witness,  see  Witnesses, 

§    16. 
Cross-examination  of  witness  bj*,   see  \\'it- 

NESSES,    §    32. 

Libel  or  slander  by  imputing  misconduct  to. 
L.R.A.1915D,  579. 

Imputation  by  attorney,  in  course  of  legal 
proceedings  of  prejudice  to  court  or 
judge  as  ground  for  disbarment  or  sus- 
pension.    L.R.A.1918D,  450. 

Reliance  upon  judge  for  information  as  to 
time  of  trial  or  hearing  as  ground  of 
relief  from  judgment.  L.R.A.1917C 
1197. 

Power  of  legislature  to  add  to  or  vary  the 
constitutional  method  of  seleetinj; 
judges.     L.R.A.1916E,  834. 

Constitutionality  of  statute  providing  for 
election  of  judicial  officers  bj'  separate 
ballot.     44  L.R.A. (N.S.)    712. 

Unconstitutionality  of  statute  as  defense  to 
mandamus  to  compel  its  enforcement 
by  judicial  officers.     47  L.R.A.  516. 


INDEX  TO  L.R.A.  NOTES. 


771 


JUDGES— cont'd 

Court  attendant  as  public  officer.  17  L.I'.A. 
245. 

Presence  of,  at  view  bv  jury.  42  L.K.A. 
381. 

Injunction  against  judgment  for  matters  as 
to  judges.     31  L.R.A.  204. 

Admissibility  in  evidence  of  communications 
to.     67  L.R.A.  923. 

Certification  of  copies  of  records  by,  for  use 
in  evidence  in  other  state.  5  L.R.A. 
(N.S.)    959. 

Comparison  of  handwriting  by.  62  L.R.A. 
867. 

Personal  liability  of  executor  or  adminis- 
trator for  interest  where  settlement  of 
estate  is  delayed  by  illness  of  judge. 
31  L.R.A.  (N.S.)   359. 

Judge's  interest  as  affecting  validity  of 
acts  done  by  executor  or  adminis- 
trator under  letters  subsequently  re- 
voked or  held  invalid.     21  L.R.A.  150. 

Purchase  by  judge  at  judicial  sale.  L.R.A. 
1918C,  157. 

Presence  of  judge  in  grand  jury  room  as  af- 
"      fecting  indictment.     L.R.A.3916D,  1126. 

Statute  requiring  particular  locality  to  bear 
part  of  judge's  salary  as  violating  con- 
stitutional requirements  of  uniformity 
of  taxation.     L.R.A.1917D,  797. 

fi    2.  Eligibility  to  office  of. 

Eligibility  of  suspended  or  disbarred  at- 
torney to  judicial  office.  L.R.A. 1917B, 
803. 

Eight  of  woman  to  hold  judicial  office.  38 
L.R.A.  209. 

Right  of  person  to  hold  two  judicial  posi- 
tions at  the  same  time.  8  L.R.A. (N.S.) 
1107. 

§   3.  Disqualification. 

In  case  involving  validity  of  initiative  or 
referendum  election.     L.R.A.1917B,  32. 

Effect  on  judgment  of  disqualification  of  a 
part  of  the  participating  judges. 
L.R.A.1918D,  244. 

EfTect  of  fact  that  judge  otherwise  disquali- 
fied is  only  one  who  has  power  to  de- 
cide case.     L.R.A.1915E,  858. 

Belief  in  guilt  or  innocence  of  accused  as 
disqualification  of  judge  in  criminal 
case.     45  L.R.A. (N.S.)   51], 

Participation  by  judge  in  movement  to  en- 
force criminal  law  on  particular  sub- 
ject as  disqualifying  him  to  preside  at 
trial.    45  L.R.A. (N.S.)  519. 

Particfpation  in  a  judicial  capacity  in  other 
proceedings  against  accused  as  disquali- 
fying judge  to  preside  at  trial.  45 
L.R.A. (N.S.)  5:.'5. 

Political  affiliations  as  ground  for  disquali- 
fication of  judge.     19  L.R.A. (N.S.)  602. 

Membership  in  bar  association  as  disquali- 
fication of  judge  to  preside  at  disbar- 
ment proceedings  instituted  bv  asso- 
ciation.     39    L.R.A. (N.S.)     116. 

Bv  relationship  to  attorney  in  case.  42 
L.R.A. (N.S.)    1172;   L.R.A. 1918F,  1036. 

Right  of  judge  wlio  may  be  aflTccted  by 
the  result  to  hear  election  cases.  42 
I  R. A. (N.S.)    788. 

Consult  also  L.lt.A.  Digests  of  Cases. 


.J  I  DOES— cont'd 

Qualification  of  judge  to  sit  on  trial  of 
one  for  contempt  consisting  of  reflec- 
tion upon  himself.  11  L.R.A. (N.S.) 
619. 

§   4.  —  by  prior  connection  with  case. 

Statutory    disqualification    of    judge,    from 
having  been  counsel   in   the  cause. 
25  L.R.A.  114. 
Disqualifications    without    regard    to    stat- 
ute,   from    having   been    of    counsel    in 
the  cause.     25  L.R.A.  117. 
Disqualification  from  having  tried  the  case 
before.     25  L.R.A.   118. 

§   5.  Number  of. 

Statute  reducing  number  of  presiding  judges 
at  criminal  trial  as  ex  post  facto  law   y 
37  L.R.A.(N.S.)    567. 

§   6.  Powers  and  duties  of. 

Delegation  of  power  to,  see  Coxstitutiox- 
AL  Law,  §  16. 

Power  to  act  as  determined  by  place  of 
performance.  33  L.R.A.  87;  L.R.A. 
1917E,  361. 

Power  of  court  to  call  and  examine  wit- 
nesses. 57  L.R.A.  875;  L.R.A.1916A, 
1191. 

Constitutional  power  to  appoint  officers.  16 
L.R.A.   737. 

Power  of  legislature  to  impose  upon  judges 
the  duty  to  assist  in  dravving  jurors. 
23  L.R.A. (N.S.)    1115. 

May  judges  of  municipal  or  police  courts  be 
vested  or  burdened  with  powers  or  du- 
ties of  a  nonjudicial  character.  19 
L.R.A. (N.S.)   615. 

§   7.  — after  expiration  of  term. 

Mandamus  to  compel  judge  to  sign  bills 
of  exceptions,  etc.,  after  expiration  of 
term.     36  L.R.A.  (N.S.)    1087. 

§   8.  Liability  of. 

Liability  fbr  false  imprisonment,  see  Falsb 
Impbisonmext,  §  7. 

Libel  or  slander  by.  L.R.A.1915E,  1051; 
7  B.  R.  C.  241. 

Liability  of  judicial  officer  to  civil  action 
for  acts  of  judicial  nature.  14  L.R.A. 
138;  27  L..R.A.  92;  44  L.R.A.  (N.S.) 
164. 

Exemption  of  consul  from  liabilitv  for  ju- 
dicial acts.     45  L.R.A.  588. 

Efi"ect  of  bad  motive  on  liability  of  judge 
acting  without  or  in  excess  of  juris- 
diction.    62   L.R.A.   721. 


JUDGMENT. 


I.  In  geneval,   §   1. 
II.  Rendition ;     entrif ;     form;     sub- 
stance,   §§   2- If), 
a.  In  genei'al,  §§  '2,  3. 
h.  Bif     default     or     confessioHf 
'§§    4-6. 


772 


INDEX  TO  L.R.A.  ^OTKS. 


JUDGMENT,  II.— cont'd  '  JUDGrMENT,  I.— cont'd 

c.  Form   and  substance,    §§    7-    Xonsuit.  see  Trial,  §§  56-59. 

jl3.  I  Effect  of  usury  on.  see  Usury,  §  10. 

d.  Entry:     record;     docketing;  !  On  appeal,  see  Appeal  and  Error,  ^§  41-44. 

amendment,  §§  14-18.  In  attachment  suit,  see  Attachment,  §  IG. 


e.  Motion  in  arrest,   §   19. 
III.  Effect  and  conclusiveness,  §§20 
57. 
a.  In  general,   §§  20-27 


In  action  on  note,  see  Bills  a>d  Notes,  § 

71. 
In  criminal  prosecution,  see  Criminal  Law, 

VI. 


ft.  Judgments   by  default,   con-    In  divorce  suit,  see  Divorce  and  Sepaba- 

TION,    §§    13-19. 

In  ejectment,  see  Ejectment,  §§  9,  10. 

In  garnishment  proceeding,  see  Garnish- 
ment, §§  14,  20. 

On  habeas  corpus,  see  Habeas  Corpus,  §  7. 

In  injunction  suit,  see  Injunction,  §§  89, 
90. 

On  foreclosure,  see  Mortgage,  §  74. 

In  proceedings  in  rem,  see  Proceedings  in 
REM,   §   3. 

In  replevin  suit,  see  Replevin,  §  15. 

In  suit  for  specific  performance,  see  Specif- 
ic Performance,  §§  27-29. 

Against  incompetent  person,  see  Incompe- 
tent Persons.  §  20. 

In  favor  of.  or  against  infants,  see  Infants, 
§§  35,  36. 

Against  partnership,  see  Partnership,  §  56. 

Of  justice's  court,  see  Justice  of  the 
Peace,  §  7. 

Sufficiency  of  service  to  sustain  judgment, 
see  Writ  and  Process. 


sent,  confession,  on  demur- 
rer or  of  dismissal,  §§  28- 
31a. 
e.  Effect   of  death   or  insanity, 
§§  32,  33. 

d.  What  matters  concluded,  §§ 

34-40. 

e.  As  to  parties,   §§   41-50. 

f.  Collateral  attach,    §§   51-57. 

1.  In  general,  §§  51-53. 

2.  Grounds,  §§  54-57. 
lY.  The  lien,  §§  58-65. 

a.  In  general,   §§   58-60. 

b.  Priority  of,   §§   61-64. 

c.  On    ichat   property,    §    65. 
F.  Foreign  judgments,    §§    66-73. 

a.  In  general,   §   66. 

b.  Effect     and     conclusiveness, 

§§    67-70. 

c.  Collateral  attack  on,  §§   71, 


d.  Enforcement,   §   73. 
VI.  Payment :  discharge ;  assignm,ent, 
§§74-78. 

a.  Payment;    discharge;    satis- 

faction, §§   74-77. 

b.  Assignment,    §    78. 

VII.  Revival;  enforcement,  §§   79-86. 

a.  Revival;  scire  facias,  §§  79, 

SO. 

b.  Enforcement,   §§  81-86. 
VIII.  Relief    from;     setting    aside,    §§ 

87-97. 

a.  In  general,  §§  87-92. 

b.  Grounds,  §§  93-97. 


I.  In  general. 

%    1.  Generally. 

Reversible    error    as    to,    see    Appeal    and 

Error,  §  40. 
■Constitutionality  of  statutes  as  to,  see  CoN- 

STITLTIONAL   LaW,    §    184. 

Disobedience  of.  as  a  contempt,  see  Con- 
tempt, §§  8,  9. 

Kecovery  of,  as  a  condition  precedent  to 
equitable  relief  of  creditors,  see  Credi- 
tors' Bill,  §  2. 

Dismissal  or  discontinuance,  see  DiSMissAi. 
AND  Discontinuance,  §  6. 

Judicial  notice  of,  see  Evidence,  §  8. 

Presumption  from,  see  Evidence,  §  88. 

Interest  on,  see  Interest,  §  8. 

Relief  granted  in  mandamus  proceedings,  see 
Mandamus,  §  21. 

Merger  into,  see  Merger,  §  2. 

On  the  pleadings,  see  Pleadings,  §  6. 

Relief  under  pleadings,  see  Pleadings,  §  7. 

Mode  of  pleading  judgment,  see  Pleading, 
§  35. 

Subrogation  to  rights  under,  see  Sl'broga- 
tion.  §  9. 

Taxation  of.  see  Taxes,  §  10. 

Begin   icith  this  bool:  on  every  law  question. 


Effect  of  condonation  of  matrimonial  of- 
fense on  judgment  entered  in  pending 
suit.    6  B.  R.  C.  639. 

Situs  as  between  different  states  or  coun- 
tries of  judgments  for  purposes  of  prop- 
erty  taxation.      L.R.A.1915C,    944. 

Liabilitv  of  judicial  officer  for  proceedings 
after.    14  L.R.A.  146;  L.R.A.1915C,  944. 

Right  of  national  bank  to  interest  on  judg- 
ment.   56  L.R.A.  682. 

Denial   of,   on   information   and  belief.      3 
L.R.A.(N.S.)    780. 

Aa  condition  precedent  to  equitable  rem<- 
dies  of  creditors.     23  L.R.A.  (N.S.)    10. 

Sufficiency  of  judgment  as  a  condition  prec- 
edent to  equitable  remedies  of  creditors. 
23  L.R.x\.(N.S.)   20. 

Moral  obligation  as  a  consideration  for 
promise  to  refund  excess,  when  judg- 
ment excessive.     53  L.R.A.  365. 

Burden  of  proof  as  to  consideration  for 
judgment  taken  bv  wife  against  hus- 
band.   56  L.R.A.  841. 

Allowing  vendor  reasonable  time  to  perfect 
title  bv  decree  for  specific  performance. 
30  L.R.A.(N.S.)    25. 

Municipal  declaration  of  forfeiture  of  street 
franchise  or  privilege  for  breach  of  con- 
ditions, as  a  judicial  determination.  4 
L.R.A.(N.S.)    321. 

Taking  of  property  in  legal  proceedings 
from  bailee  as  defense  to  him  as  against 
the  bailor.     33  L.R.A. (N.S.)    689. 

Recovery  of  judgment  for  exempt  claim 
pending  garnishment  proceedings  in  an- 
other state.     35  L.R.A. (N.S.)   1154. 

Right  of  action  of  third  person  for  fraud 
inducing  him  to  submit  to  -a  judgment 
less  favorable  to  him  than  he  was  en- 
titled to.     46  L.R.A. (N.S.)    110. 


INDEX  TO  L.R.A.  NOTES. 


73 


JUDGjVIENT— cont'd 

//.  Rendition;  entry;  fovni;  substance. 
a.  In  general. 

§   2.  Generally. 

Relief  obtainable  in  equity  on  failure  to  es- 
tablish equitable  jurisdiction,  sec  Equi- 
ty,   §    24. 

Extent  of  relief  in  attachment  against  non- 
resident served  constructively.  50 
L.R.A.  583. 

Liability  of  attorney  to  client  for  mistake 
in  drafting  decree.     52  L.R.A.  891. 

First  and  last  days  in  computing  time  for 
rendition.     49  L.R.A.  224. 

Judgment  as  lien  from  time  of  rendition. 
38  L.R.A.  247. 

Power  of  attornev  to  bind  client  by  con- 
sent decree.    '46  L.R.A.  (N.S.)    750. 

§   3.  Jurisdiction. 

Necessity  of  personal  service  to  authorize 
personal   judgment,   see   infra,   §    10. 

Effect  of  judgment  on  unauthorized  appear- 
ance by  attorney,  see  infra,  §  24. 

Jurisdiction  to  grant  decree  of  divorce,  see 
Divorce  and  Separation,  §§  7-12. 

Jurisdiction  to  grant  decree  of  divorce  upon 
constructive  service,  generally,  see 
Divorce,  §  10. 

Sufficiency  of  service  to  sustain  judgment, 
see  Writ  and  Process,  II. 

Jurisdiction  of  court  to  enter  final  judgment 
upon  dismissal  or  nonsuit.  26  L.R.A. 
(N.S.)  914. 

Notice  of  application  by  guardian  for  leave 
to  sell  infant's  real  estate  as  jurisdic- 
tional.    8  L.R.A.  (N.S.)    1215. 

Extraterritorial  effect  of  decree  of  divorce 
rendered  upon  constructive  service.  18 
L.R.A.(N.S.)    647;    L.R.A.1917B,   1032. 

h.  By  default  or  confession. 

%   4.  By  default. 

Effect  of,  see  infra,  §  28. 

Relief  from,  see  infra,  §§  90,  91,  97. 

Power  of  defendant's  attorney  to  withdraw 
answer  and  permit  default  judgment. 
33  L.R.A.  515. 

Necessity  of  jury  to  compute  damages  on 
default  judgment.  15  L.R.A.  614;  20 
L.R.A.  (N.S.)    1. 

Effect  of  entry  of  second  judgment  without 
vacation  or  reversal  of  former  judg- 
ment by  default.    44  L.R.A.(N.S.)   344. 

§   5.  By  confession. 

Effect  of,  .see  infra,  §§  30,  68. 
Relief  against,  see  infra,  §  89. 

Confession  of  judgment  by  personal  repre- 
sentative as  waiver  of  statute  of  limi- 
tations as  to  an  indebtedness  of  the 
estate.     L.R.A.1915B,   1049. 

Revival  of  partnership  debt  by  one  partner 
confessing  judgment.     15  L.R.A.  G60. 

Consult  also  L.R.A.  Difjests  of  Cases. 


JUDGMENT,  II.  b— cont'd 

Validity  at  common  law  of  warrant  of  attor- 
ney to  confess  judgment.  40  L.R.A. 
(N.S.)  956. 

Presumption  as  to  time  of  alteration  in 
warrant  of  attorney  to  confess  judg- 
ment.    39  L.R.A.  (N.S.)    106. 

Effect  on  surety  of  judgment  by  confession 
against  principal.  40  L.R.A.  (N.S. ) 
747. 

Injunction  against  judgments  entered  on 
confession.    30  L.R.A.  235. 

§  6.  —confession  on  warrant  of  at- 
torney. 

In  Avhat  cases  authorized.     13  L.R.A.  796. 

Form  and  validity  of  warrants.  13  L.R.A. 
796. 

Strict  construction.     13  L.R.A.  797. 

Blanks  and  omissions.     13  L.R.A.  797. 

WIio  authorized  to  make  confession  and 
where.     13  L.R.A.  797. 

Effect  of  insanity  or  death  of  party.  13 
L.R.A.  797;  49  L.R.A.  156. 

Entry  by  executors  or  administrators.  13 
L.R.A.  798. 

Against  whom  entered.     13  L.R.A.  798. 

In  whose  favor.    13  L.R.A.  798. 

When  entry  may  be  made.    13  L.R.A.  798. 

Contingencies,  unadjusted  equities,  or 
claims,     13  L.R.A.  799. 

For  what  amount ;  variance ;  misdescription. 
13  L.R.A.  799. 

Proof  necessary.     13  L.R.A.  800. 

Consolidation.     13  L.R.A.  800. 

Setting  aside;  correcting.     13  L.R.A.  800. 

Law  governing  warrant  of  attorney  to  con- 
fess  judgment.     38   L.R.A.  (N\S.)    814. 

Validity  at  common  law  of  warrant  of  at- 
torney to  confess  judgment.  40  L.R.A. 
(N.S.)  956. 

Collateral  attack  on  judgment  entered  by 
authority  of  warrant  of  attorney,  for 
fraud  not  affecting  the  jurisdiction.  36 
L.R.A.(N.S.)    988. 

Effect  in  other  states,  of  judgment  confessed 
on  warrant  of  attorney.  3  L.R.A. 
(N.S.)    449. 

c.  Form  and  substance. 

§   7.  Generally. 

Omission  of  dollar  sign  or  word  "dollars" 
from  verdict  or  judgment.  35  L.R.A. 
(N.S.)    653. 

Against  partnership  in  firm  name.  2d 
L.R.A.(N.S.)    282. 

Relief  granted  in  action  for  specific  perform- 
ance  of  contract  for  sale  of  corporate 
stock.  50  L.R.A.  512;  31  L.R.A. (N.S.) 
502. 

Form  of  relief  granted  in  sfiit  in  equity  af- 
fecting real  property  in  another  state 
or  country.    69  L.R.A.  094. 

Form  and  substance  of  judgment  in  action 
to  enforce  liability  of  heirs  for  obliga- 
tions of  ancestor.     21  L.R.A.  94. 

Form  and  substance  of  judgment  in  garnisli- 
ment  against  executor  or  administrator. 
47  L.R.A.  .364. 


774 


INDEX  TO  L.R.A.  NOTES. 


JUDGMENT,  II.  c— cont'd 

Effect  of  qualifying  wordg  "as  executor," 
'"as  administrator,"  in  judgment.  15 
L.R.A.  852. 

Form  of  judgment  on  penal  bonds.  62 
L.R.A.   427. 

Decree  on  foreclosure  for  part  of  mortgage 
debt.     37  L.R.A.  743. 

Power  of  equity,  upon  enjoining  unfair  com- 
petition or  infringement  of  trademark, 
tradename,  patent,  or  copyright,  to  re- 
quire defendant  to  pay  damages  sus- 
tained by  complainant  as  distinguished 
from  profits  realized  by  defendant.  21 
L.R.A.(N.S.)   526. 

Form  of  judgment  under  statute  permitting 
action  to  proceed  upon  service  of 
less  than  all  the  partners  or  joint 
debtors  sued.    43  L.R.A.(N.S.)  540. 

§  8.  Form  of.  In  case  of  liability  to 
pay  in  coin. 

On   contract  to   pay   coin.     29   L.R.A.   593. 
On    contracts    for    coin    or    equivalent.      29 

L.R.A.   594. 
For  coin  converted  or  misapplied.    29  L.R.A. 

.595. 
For  damages  in  other  cases.     29  L.R.A.  595. 
For  obligations  created  by  law.     29  L.R.A. 

596. 
For   costs.     29   L.R.A.   596. 
Pleadings  and  procedure.     29  L.R.A.  597. 

§  9.  Personal  judgment. 

Effect  of  judgment  in  personam,  see  infra, 

§  23. 
In   action   to  enforce   mechanics'   lien,    see 

Mechanics'  Liens,  §  31. 
Deficiency    decree    in    foreclosure    suit,    see 

Mortgage,  §  84. 

Deficiency  decree  in  action  to  foreclose  vend- 
or's "lien.     13  L.R.A. (N.S.)   874. 

Personal  liability  of  property  owner  to  pay 
assessments  for  local  improvement.  35 
L.R.A.  58;  18  L.R.A. (N.S.)  1259;  29 
L.R.A.(N.S.)  770. 

Injunction  against  execution  sales  on  per- 
sonal judgment  against  executors  or 
administrators.     30  L.R.A.  123. 

Action  to  recover  personal  judgment  for 
unlawful  seizure  of  pj-operty  by  chattel 
mortgagee  assuming  to  act  under  mort- 
gage.   L.R.A.1915E,  196. 

§  10.  — necessity  of  personal  service 
to  authorize. 

See  Writ  and  Process,  §  19.. 

§   11.  Amount. 

For  what  amount  judgment  may  be  con- 
fessed on  warrant  of  attorney.  13 
L.R.A.  799. 

Extent  of  recovery  in  ejectment  by  tenants 
ill  common  against  stranger.  6  L.R.A. 
(N.S.)   710;  51  L.R.A.(N.S.)   50. 

Helief  in  action  for  improper  use  of  union 
label  as  affected  by  extent  of  use.  39 
L.R.A.(N.S.)  1201.' 

§   12.  Conformity  to  pleadings. 

Effect  of  default  judgment  bevond  scope  of 
relief  asked.     11  L.R.A. (N.S.)   803. 


.JUDGMENT.  II.  c— cont'd 
§13.  Xon   obstante   veredicto. 

Right  to  judgment  non  obstante  veredicto 
because  of  failure  of  proof.  12  L.R.A. 
(N.S.)    1021;   L.R.A.iyi6E,  828. 

Effect  of  motion  for  judgment  non  obstante 
veredicto  after  entry  of  judgment  on 
entry  of  second  judgment  without  va- 
cation or  reversal  of  the  first.  34 
L.R.A.  (N.S.)    348. 

d.  Entry;    record;    docketing;    amend- 
ment. 

§   14.  Generally. 

Judgment  as  a  lien  from  time  of  entry,  38 
L.R.A.  248. 

Entry  of  judgment  by  confession  by  person- 
al representative.     13  L.R.A.  798. 

In  whose  favor  judgment  confessed  on  war- 
rant of  attorney  to  be  entered.  13 
L.R.A.  798. 

Against  whom  judgment  confessed  on  war- 
rant of  attorney  to  be  entered.  13 
L.R.A.  798. 

Right  to  enter  decree  of  divorce  against  ob- 
jection of  the  spouse  aggrieved.  22 
L.R.A.  (N.S.)   999. 

Power  to  amend  decree  of  divorce  by  adding 
provision  for  alimony  or  support  of 
children.     L.R.A.1917D,  325. 

Territorial  extent  of  lien  of  Federal  judg- 
ment as  limited  by  state  recording  acts. 
47  L.R.A.  475. 

§  15.  What  entry  or  record  ii2cessary 
to  complete. 

Index  as  part  of  record.     14  L.R.A.  393. 

Necessity  of  entry  or  record  generally.  28 
'L.R.A.  6'21. 

How  made  and  what  constitutes.  28  L.R.A. 
623. 

For  the  purpose  of  terminating  the  power 
of  the  court  to  change.    28  L.R.A.  625. 

As  between  the  parties.     28  L.R.A.  626. 

For  the  purpose  of  appeal.     28  L.R.A.  627. 

For  the  purpose  of  being  effective  as  a  lien. 
28  L.R.A.  632. 

For  the  purpose  of  enforcement.  28  L.R.A. 
633. 

For  the  purpose  of  putting  the  statute  of 
limitations  in  motion.     28  L.R.A.  634. 

For  the  purpose  of  vesting  title.  28  L.R.A. 
634. 

For  the  purpose  of  evidence.    28  L.R.A.  635. 

To  prevent  collateral  attack.    28  L.R.A.  637. 

To  constitute  a  bar  to  another  action.  28 
L.R.A.  637. 

Judgments  of  justices  of  the  peace.  28 
L.R.A.  638, 

Certainty  and  accuracy  necessary  in  respect 
to  Christian  names  or  initials  in  record 
or  index  relied  on  as  imparting  con- 
structive notice.  7  L.R.A. (N.S.)  415; 
25  L.R.A.(N.S.)  1211;  L.RA.1915D, 
1211. 

§  16.  Amendment  of  record  to  cure  de- 
fect for  wliich  motion  in  arrest  has 
been  made. 

Amendment  in  the  trial  court.  67  L.R.A. 
179. 


Segin  tvith  this  hoolc  on  every  Jaw  question. 


INDEX  TO  L.R.A.  NOTES. 


775 


JUDC4MEXT,  II.  d— cont'd 
Amendment    in    the    appellate    court.      67 
L.K.A.  185. 

§    17.  Time  of. 

Wlien  entry  may  be  made  on  judgment  con- 
fessed on  warrant  of  attorney.  13 
L.R.A.  798. 

Entry  of.  on  holidays.     19  L.R.A.  318. 

First  and  last  days  in  computing  time  for 
docketing.     49  L.R.A.  224. 

Injunction  against  judgment  void  or  with- 
out iurisdiction  on  account  of  time  of 
rendition.     31  L.R.A.  202. 

§    18.  — entry  nuiu*  pro  tunc. 

Power  to  render.     20  L.R.A.  143. 

As  to  time.     20  L.R.A.  144. 

As  to  evidence  in  obtaining  a  judgment 
nunc  pro  tunc.    20  L.R.A.  14r). 

As  to  mine  pro  tunc  entry  in  criminal  cases. 
20  L.R.A.  146. 

As  to  nunc  pro  tunc  judgments  affecting 
third  parties.    20  L.R.A.  146.  , 

As  to  nunc  pro  tunc  iudgments  made  in  va- 
cation.    20  L.R.A.  147. 

As  to  change  in  statute  or  charter.  20 
L.R.A.  147. 

As  to  notice.    20  L.R.A.  147. 

As  to  delay  or  negligence  of  party.  20 
L.R.A.  148. 

As  to  death  of  party  before  entry  of  final 
judgment.    20  L.R.A.  148. 

Riglit  to  enter  judgment  nunc  pro  tunc  as  of 
the  date  of  rendition,  so  as  to  affect  in- 
tervening rights  of  third  persons.  15 
L.R.A.(N.S.)    682. 

e.  Motion  in  arrest. 

§    19.  Generally. 

Amendment  of  record  to  cure  defect  for 
which  motion  in  arrest  has  been  made, 
see  supra,  §  16. 

In  criminal  cases,  see  Ceiminal  Law,  §  58. 

Objecting  to  jurors  who  have  served  in 
same  or  similar  case  by  motion  in  ar- 
rest.    68  L.R.A.  884. 

Sufficiency  on  motion  in  arrest  of  judgment 
of  allegations  of  facts  in  regard  to  de- 
fects in  street  or  highway  in  action 
against  municipality  for  injury  re- 
ceived therefrom.     21  L.R.A.  (N.S.)   48. 

Motion  in  arrest  of  judgment  against  gar- 
nishee on  ground  of  invalidity  of  judg- 
ment against' principal  because  of  lack 
of  jurisdiction.     51  L.R.A. (N.S.)    599. 

in.  Effect  and  conclusiveness. 

a.  In  general. 

%   20.  Generally. 

Of  foreign  judgment,  see  infra,  §  67. 

Effect  and  conclusiveness  of  decision  on  ap- 
peal, see  Appeal  and  Ebeoe,  §§  43,  44. 

Recovery  for  part  of  claim  as  bar  to  further 
suit,  see  Action  ob  Suit,  §  17. 

In  action  to  remove  cloud  on  title,  see 
Cloud  on  Title,  §  6. 

In  divorce  suit,  see  DivoBCE  and  Sepaba- 
Tiox,   §§   14,  15. 

In  injunction  suit,  see  Injunction,  §  90. 

In  garnishment  proceedings,   see   Gaenish- 

MKNT,    §    14. 

■Co}».s»iff  also  L.B.A.  Digests  of  Cases. 


JUDGMENT,  III.  a— cont'd 

Admissibility  of   judgment  in  evidence,  see 

Evidence,  §§  131,  132. 
Weight  of,  as  evidence,  see  Evidence,  §  306. 
Effect  of  fraud  on,  see  Feaud  and  Deceit, 

§  28a. 
Effect  of  judgment  against  one  or  more  of 

the  parties  liable,  to  release  others,  see 

Joint  Creditobs  and  Debtoes,  §  10. 
Effect  of  judgment  against  nonresident,  see 

Nonresidents,  §  4. 

Availability  of  defense  of  res  judicata  un- 
der general  denial  or  a  plea  of  the  gen- 
eral issue  in  action  of  ejectment.  L.R.A. 
1918F,  258. 

Effect  of  subsequent  statute  on  executory 
judgment.    L.R.A.1918D,  253. 

Effect  on  judgment  of  disqualification  of  a 
part  of  the  participating  judges. 
L.R.A.1918D,  244. 

Entry  or  record  necessary  to  constitute 
judgment  a  bar  to  another  action.  28 
L.R.A.  637. 

Validity  of  preference  to  creditor  by.  22 
L.R.A.  808. 

Conclusiveness  of  judicial  admission  as  to 
strangers.  28  L.R.A. (N.S.)  327;  L.R.A. 
191 5A,  2O0. 

Situs  of  judgment  for  purposes  of  adminis- 
.  tration.    24  L.R.A.  687. 

Waiver  of  junior  lien  by  failure  to  assert 
it  in  foreclosure  proceedings.  68 
L.R.A.   323. 

Municipal  liability  on  judgment  as  creating 
indebtedness  within  meaning  of  debt 
limit  provisions.  37  L.R.A.  (N.S.) 
1107;  L.R.A.1917E,  455. 

Conclusive  effect  of  judgment  on  which  ac- 
tion to  set  aside  conveyance  as  fraudu- 
lent is  based.     67  L.R.A.  593. 

Effect  of,  to  render  title  unmarketable.  38 
L.R.A.  (N.S.)    32. 

Effect  of  decree  granting  rights  to  perco- 
lating waters.     19  L.R.A.  99. 

Effect  of  judgment  against  husband  and 
wife  for  wife's  libel  or  slander.  30 
L.R.A.  530. 

Effect  of  judgment  on  Lloyd's  policy  of  in- 
surance.    55  L.R.A.  199. 

Effect  of  adjudication  of  insolvency  of  cor- 
poration upon  its  right  of  action.  15 
L.R.A.  627. 

Binding  effect  of  judgment  refusing  dis- 
charge  in  bankruptcy  or  insolvency. 
13  L.R.A.(N.S.)  629;  30  L.R.A.  (N.S.) 
1164. 

Termination  of  bastardy  proceedings  as  bar 
to  subsequent  case.  1  L.R.A. (N.S.) 
470. 

Effect  upon  lien  of  mortgage,  of  entry  of 
judgment  upon  bond  or  note  secured 
thereby.      24   L.R.A.  (N.S.)    1095, 

Equitable  conversion  of  realty  into  person- 
alty by  land  contract  where  judgment 
has  been  entered  against  one  of  parties 
thereto.      57   L.R.A.    644. 

Effect  of  judgment  in  adverse  suit  for  lodes 
or  veins  within  pla'cer  claims.  50 
L.R.A.  294. 

Liability  for  tort  in  doing  acts  authorized 
by  judgment  afterwards  reversed.  45 
L.R.A.  800. 


776 


INDEX  TO  L.E.A.  KOTES. 


JUDGMENT,  III.  a— cont'd  I  JUDGMENT,  III.  a— cont'd 

The  judgment  on  whicli  action  to  set  aside  |  JRight  to  reinstatement  of  mortgage  released 
conveyance    as    fraudulent    as    to  '  '  .        ~  .    - 

creditors    is    based,    considered    as 
evidence.     67  L.R.A.  590. 

Conclusiveness  of  judgment  as  affected  by 
subsequent  events  disproving  the 
ground  on  which  it  rested.  39  L.R.A. 
(N.S.)  972. 

Refusal  to  restore  money  or  property  se- 
cured under  judgment  subsequently  re- 
versed or  set  aside  as  contempt.  39 
L.R.A.  (N.S.)    1100. 

Federal  courts  following  state  decisions  as 
to  nature  and  effect.  40  L.R.A.  (N.S.) 
435. 

Final  judgment  in  state  court  as  bar  to 
action  under  Federal  emploj'ers'  lia- 
bility act.     47  L.R.A. (N.S.)    79. 

Effect  of  decree  under  the  Torrens  Law. 
L.R.A.1916D,  50. 

Allowance  or  disallowance  of  claim  by 
bankruptcy  court  as  res  judicata  in  a 
suit  or  proceeding  on  the  claim  in 
another    court.      43    L.R.A. (N.S.)    950. 

Rate  of  interest  after  judgment  on  contract 
fixing  rates.     3  B.  R.  C.  169. 

Judgment  as  change  of  interest  or  title, 
or  violation  of  provision  requiring  sole 
and  unconditional  ownership.  50 
L.R.A.(N.S.)    1164. 

Acquittal  in  criminal  court  as  bar  to  ex- 
pulsion of  member  of  association  for 
same  acts.     50  L.R.A. (N.S.)    579. 

Construction  of  decree  for  alimony  in  real 
property  as  regards  the  nature  of  the 
estate  provided  for.     L.R.A.1918B,  868. 

Right  of  plaintiff  in  a  suit  in  which  a  de- 
cree of  sale  was  rendered  to  assert,  as 
against  a  purchaser  thereunder,  a  title 
or  interest  not  litigated  in  the  suit. 
L.R.A.1917C,   888. 


§  20a.  Effect  of  entry  of  second  judg- 
ment without  vacation  or  reversal 
of  first. 

General  rule.     44  L.R.A. (N.S.)    338. 

Judgments  by  default.  44  L.R.A.  (N.S.) 
344. 

Effect  of  granting  new  trial.  44  L.R.A. 
(N.S.)    346. 

Dismissal  of  case  after  judgment.  44 
L.R.A.(N.S.)   347. 

Motions  for  judgment  non  obstante  vere- 
dicto.    44  L.R.A. (N.S.)   348. 

:Miscellaneous.     44  L.R.A. (N.S.)   348. 


§   21.  Decrees   of   particular  tribunals. 

Decision  of  city  council  as  to  election  of  city 
officer  as  res  judicata.  26  L.R.A.  (N. 
S.)  209. 

Conclusiveness  of  decisions  of  tribunals  of 
associations  or  corporations.  49  L.R.A. 
353. 

Conclusiveness  of  decisions  of  the  Land  De- 
partment.    L.R.A.1918D,  597. 

§   22.  Decrees  In  equity. 

Judgment  in  suit  in  equity  affecting  real 
property  in  another  state  or  country. 
tin    L.R.A.    ()04. 

Jif'OiH   with  this  hook  on  evei'if  law  question. 


under   mistake   as   to   effect   of   decree. 
58  L.R.A.  788;  L.R.A.1917E,  1055. 

§2  3.  Judgments   in  personam. 

Foreign  judgments,  see  infra,  §  67. 
In    action   to    enforce   mechanics'    lien,    see 
Mechanics'  Liens,  §  31. 

Effect  of  judgment  in  personam  requiring 
conveyance  of  land  in  another  state  or 
country.     23  L.R.A. (N.S.)    924. 

Recovering  personal  judgment  against  own- 
er as  waiver  of  mechanics'  lien.  32 
L.R.A.  (N.S.)  1073. 

§  2  4.  Effect  of  judgment  obtained 
upon  unauthorized  appearance  by 
attorney. 

General   doctrine   of   authority.     21   L.R.A. 

848. 
Domestic  judgments.    21  L.R.A.  849. 
Proof    necessary    to    establish    relief.      21 

L.R.A.  853. 
Nature  of  such  judgments.     21  L.R.A.  853. 
Relief  in  equity.     21  L.R.A.  854. 

Fraud  or  collusion.     21  L.R.A.  854. 
Several  defendants.    21  L.R.A.  855. 
Third  parties.    21  L.R.A.  856. 
Laches,  negligence,  etc.    21  L.R.A.  857. 
Foreign    and    sister    state    judgments. 

L.R.A.  857. 
Statutory  provisions.     21  L.R.A.  860. 


21 


§   25.  Conclusiveness  of  probate  as  res 
judicata. 

Conclusiveness  of  probate  in  otlier  state,  see 
infra,  §  69. 

Nature  of  the  decree.    21  L.R.A.  680. 
Jurisdictional  conclusiveness  of  decree.     2T 

L.R.A.  681. 
Conclusiveness,  generally.    21  L.R.A.  682. 
With  respect  to  real  estate.    21  L.R.A.  683. 
Facts  established  by  the  decree.     21  L.R.A. 

684. 
In  ejectment.     21  L.R.A.  685. 
In  chancery.    21  L.R.A.  686. 
Notice  of  proceedings.     21  L.R.A.  686. 
Under  state  statutes.     21  L.R.A.  686. 
Collateral  attack  on  probate  for  fraud  not 

affecting    the   jurisdiction.      36    L.R.A. 

(N.S.)   986. 


§  2  6.  Habeas  corpus  decree  as  to  cus- 
tody of  infant  as  res  judicata. 

In  general.  67  L.R.A.  783;  49  L.R.A. (N.S.) 
83. 

Former  judgment  onlv  conclusive  upon  same 
state  of  facts.    67  L.R.A.  784. 

Conclusiveness  as  to  issues  involved.  67 
L.R.A.  787. 

Parties  or  persons  concluded.  67  L.R.A. 
787. 

Foreign  judgment  as  res  judicata.  67 
L.R.A.  788;  49  L.R.A.  (N.S.)   84. 

Dismissal  of  writ  without  decision  or  prej- 
udice.   67  L.R.A.  788. 


§   2  7.  Judgment  as   a  contract. 

Gonorallv.     17  L.R.A.  611. 


INDEX  TO  L.R.A.  NOTES. 


777 


JUDGMENT,  III.  a— cont'd 

Change  of  interest  on  jiulgnient.     17  L.R.A. 

612. 
Constitutional  provisions  as  to  impairment 

of  obligations.     17  L.R.A.  (513. 
Obligations  created  by  judgment.    17  L.R.A. 

614. 


b.  Judgments  hif  default,  consent,  eon- 
fession,  on  deniurvev,  or  of  dis- 
missal. 

§   28.  Judgment  by  default. 

Lfl'ect  of  iudgment  by  default  against  dead 

person.     49  L.R.A.  IGl. 
Effect  of  default  judgment  beyond  the  scope 

of  the   relief  asked.     11  L.R.A.  (N.S.) 

803. 
Collateral    attack    for    fraud    not    affecting 

jurisdiction    on    judgment    by    default. 

36   L.R.A. (N.S.)  "983. 

§  29.  Judgment  by  consent. 

Admissions  and  waivers  by  consent  decrees 

by  representatives  of  infant.    32  L.R.A. 

675. 
Collateral    attack    for    fraud    not    affecting 

jurisdiction    on    judgment   by    consent. 

36  L.R.A. (N.S.)  '983. 

§   30.  Judgment  by  confession. 

Judgment  confessed  in  other  state,  see  in- 
fra, §  68. 

Bv  fiduciaries,  effect  as  admission  or  waiver. 

32  L.R.A.  690. 
,\s  fraud  to  sustain  attachment.     30  L.R.A. 

486. 
Effect    of   judgment   by   confession    against 

dead  person.    49  L.R.A.  156. 
Collateral  attack  on  judgment  by  confession 
for  fraud  not  affecting  jurisdiction. 
36  L.R.A.  (N.S.)    982. 

§   31.  Judgment  on   demurrer. 

Collateral  attack  for  fraud  not  affecting 
jurisdiction  on  judgment  on  demurrer. 
'36   L.R.A.{N.S.)    984. 

§  31a.  Judgment  of  dismissal  or  non- 
suit. 

Dismissal  of  writ  of  habeas  corpus  to  de- 
termine custody  of  infant  without  de- 
cision or  prejudice.     67  L.R.A.  788. 

Collateral  attack  for  fraud  not  affecting 
jurisdiction  on  judgment  of  dismissal. 
36  L.R.A. (N.S.)   984. 

Collateral  attack  on  judgment  of  nonsuit  for 
fraud  not  affecting  the  jurisdiction.  36 
L.R.A.  (N.S.)   986. 

Dismissal  of  action  by  agreement  as  bar 
to     subsequent    action.      L.R.A.1918B, 


c.  Effect  of  death  or  insanity. 

§  32.  Effect  of  judgment  entered 
against  a  dead  person. 

Judgments  against  parties  dying  before  in- 
stitution of  suit.     49  L.R.A.  153. 

Judgments  on  confession.  13  L.R.A.  797; 
49  L.R.A.  156. 

Consult  also  L.R.A.  Digests  of  Cases. 


JUDGMENT,  III.  c— cont'd 
Void   judgments.      49   L.R.A.   158. 
Voidable  judgments.    49  L.R.A.  160. 
Where  death  occurs  at  certain  stages  of  the 

action.     49  L.R.A.  161. 
Judgment   by   relation   back   to   time   prior 

to  death.     49  L.R.A.  167. 
Death  of  party  pending  appeal.     49  L.R.A. 

168. 
Judgments  in  rem.    49  L.R.A.  168. 
Classification  by  states  where  death  occurs 

after  suit  is  brought.    49  L.R.A.  170. 
Effect  of  judgment  rendered  on  appeal  after 
death  of  party  without  revivor.    41 
L.R.A.  (N.S.)   1053. 

§   33.  Insanity  as  affecting  judgments. 

Effect  of  insanity  on  judgment  confessed  on 

warrant  of   attorney.     13  L.R.A,   797; 

49  L.R.A.  156. 

Validity    and   effect   of   judgments   against 

insane  persons.     39  L.R.A.  775;  35 

L.R.A.  (N.S.)   1090. 


d.  What  matters  concluded. 

§   34.  Generally. 

In  divorce  suit,  see  Divorce  and  Separa- 
tion, §§  14,  15. 

As  to  liabilitv  for  damming  back  waters  of 
stream.   "^59  L.R.A,  890. 

In  .suit  to  abate  nuisance  as  bar  to  action 
for  damages  therefor.     58  L.R.A.  735. 

Recovery  by  physician  as  bar  to  action  for 
malpractice.     45  L.R.A.  541. 

Judgment  in  favor  of  employee  after  wrong- 
ful discharge,  as  bar  to  subsequent  ac- 
tion  for   wages.      5   L.R.A. (N.S.)    449, 

Employer's  agreement  to  pay  employee  dur- 
ing disability,  or  Lis  contribution  to 
insurance,  as  affecting  or  affected  by 
recovery  against  him  for  personal  in- 
juries,   L.R.A,1917B,  1160, 

Effect  of  setting  up  defects  in  articles  pur- 
chased as  a  counterclaim  in  an  action 
for  one  instalment  of  the  purchase 
price  upon  the  right  to  set  up  a  like 
counterclaim  in  subsequent  actions.  10 
L,R,A.(N.S.)   734. 

Judgment  in  original  action  as  bar  to  action 
by  defeated  party  against  the  adverse 
party  for  perjury  in  procuring  it.  23 
L.R.A.  (N.S.)   134. 

Right  to  go  behind  judgment  against  county 
or  municipality  in  mandamus  proceed- 
ings to  enforce  same.  9  L.R.A. (N.S.) 
1002. 

Effect  of  adjudication  of  bankruptcy  based 
on  preference  of  creditor  by  judgment, 
as  conclusive  adjudication  against  such 
creditor  in  other  proceedings,  1  L.R.A. 
(N,S,)    386. 

Conclusiveness  of  surrogate's  decree  on  right 
of  personal  representative  to  interplead 
claimants.     37  L.R.A. (N.S.)    986. 

Conclusiveness  as  to  issues  involved  of 
habeas  corpus  decree  as  to  custody  of 
infant.  67  L.R.A.  787:  49  L.R.A. (N.S.) 
83 


778 


INDEX  TO  L.R.A.  NOTES. 


JUDGMENT,  III.  d— cont'd 

Acquittal  in  criminal  court  as  bar  to  ex- 
pulsion of  member  of  association  for 
same  acts.     50  L.R.A.(N.S.)    579. 

Recovery  by  physician  as  bar  to  action 
for  malpractice.     46  L.R.A.(N.S.)   219. 

Decree  against  infringer  of  patent  as  affect- 
ing right  of  patentee  to  proceed  against 
purchasers  of  the  infringing  articles. 
L.R.A.1915F,   1101. 

Judgment  as  to  validity  of  patent  as  res 
judicata  between  same  parties  in  ac- 
tions for  infringement.     6  B.  R.  C.  724. 

Judgment  in  action  for  personal  injury  as 
abatement  of  action  for  death  or 
vice  versa.     L.R.A.1915E,  1152. 

Judgment  in  action  for  seduction  as  bar 
to  action  for  breach  of  promise.  L.R.A. 
191 8A,  366. 

Conviction  or  acquittal  of  one  of  the  sub- 
stantive offenses  embraced  in  a  con- 
spiracy as  a  bar  to  prosecution  for  an- 
other on  theory  of  res  judicata.  L.R.A. 
.  1918A,  589. 

§   3  5.  In  action  on  insurance  policy. 

Action  on  policy  as  bar  to  action  to  reform 

it.     12  L.R.A. (N.S.)   907. 
Conclusiveness    of    coroner's    finding    as    to 

cause  of  death  in  action  on  insurance 

policy.    68  L.R.A.  284;  45  L.R.A. (N.S.) 

404.  " 

§   3  6.  In  replevin  suit. 

Judgment  in  replevin  action  as  affecting 
right  of  purchaser  to  recover  purchase 
money  paid  on  seller's  retaking  the 
property.     38  L.R.A. (N.S,)   898. 

Determination  in  action  in  replevin  as  bar 
to  second  action  of  replevin  for  recov- 
ery of  the  property  replevied.  8  L.R.A. 
(N.S.)   224. 


§  3  7.  As  to  real  property. 

Conclusiveness  of  judgment  or  order  in  con- 
demnation proceedings  as  a  settlement 
of  rival  claims  to  the  award.  L.R.A. 
1917A,  690. 

Effect  of  judgment  enjoining  use  of  real 
property  in  a  certain  manner  upon  the 
right  of  subsequent  occupants  to  use  the 
property  in  the  same  manner.  13 
L.R.A. (N.S.)   462. 

Judgment  dismissing  bill  to  set  aside  tax 
deed  as  a  cloud  on  title  as  res  judicata 
in  action  under  tax  deed  to  recover  pos- 
session of  property.  25  L.R.A. (N.S.) 
1011. 

Effect  of  judgment  in  partition  upon  rights 
of  defendants  as  between  themselves, 
which  were  not  brought  to  the  attention 
of  the  court.     14  L.R.A.  (N.S.)    333. 

Riglit  as  between  successful  plaintiff  and 
evicted  defendant  to  crops  unsevered 
at  time  of  final  judgment.  23  L.R.A. 
(N.S.)   531;  L.R.A.i918A,  550. 


i  JUDGMENT,  III.  d— cont'd 

§   3  7b.  — in  ejectment. 

Effect  of  judgment  in  ejectment  against  the 
tenant  upon  a  landlord  not  a  party, 
or    vice    versa.      26    L.R.A. (N.S.) 
595. 
Conclusiveness  of  judgment  as  to  claim  of 
title  previously  acquired  but  not  in  is- 
sue.    4  L.R.A.  (N.S.)   295. 
Judgment  dismissing  bill  to  set  aside   tax 
deed  as  cloud  on  title  as  res  judicata  in 
action  under  a  tax  deed  to  recover  pos- 
session of  property.     25  L.R.A.  (N.S. ) 
1011. 


§  38.  Judgment  on  which  action  to- 
set  aside  conveyance  as  fraudulent, 
is  based. 

Conclusive  effect  of  judgment  on  which  ac- 
tion to  set  aside  conveyance  as. 
fraudulent  is  based.  67  L.R.A. 
593. 


§   39.  Judgment  in  criminal  action. 

Judgment  in  criminal  action  as  res  judicata 
in  civil  action.  11  L.R.A. (N.S.) 
653;    31  L.R.A.(N.S.)    670. 

§40.  By      decision      of      ecclesiastical 
tribunal. 

See  CouBTS,  §  12. 


e.  As  to  parties. 

§   41.  Generally. 

In  garnishment  proceeding,  see  Gaenisii- 
MENT,  §  14. 

Effect  of  judgment  against  one  joint  debtor 
or  tort  feasor,  see  Joixx  Creditocs- 
AND  Debtors,  §  10. 

Effect  of  judgment  in  favor  of  one  joint 
debtor  or  tort  feasor,  see  Joixt  Cred- 
itors AND  Debtors,  §  11. 


§   3  7a.  — action    involving-    boundaries. 

Judgment  against  plaintiff  in  action  invol- 
ving boundary  as  establishing 
boundary  claimed  by  defendant.  38 
L.r!.A.(X.S.)    1020." 


JU'iiin   irith   this  hook  on  every  law  question. 


Party  affected  by  dismissal  of  action  by 
agreement.     L.R.A.1918B,  527. 

Effect  of  decree  in  proceedings  under  the 
Torrens  Law.     L.R.A.1916D,  50. 

Right  of  judgment  creditor  to  question  va- 
lidity  of   attachment.     35   L.R.A.    "6S. 

Judgment  as  res  judicata  between  codefend- 
ants  or  coplaintiffs  as  to  matters  Avliieli: 
were,  or  might  have  been,  adjudicatedi 
in  the  prior  suit.  27  L.R.A. (N.S.) 
650. 

Effect  of  judgment  in  favor  of  party  charged 
with  negligence,  on  liability  of  code- 
fendant  for  the  same  act  of  negligence. 
2L.R.A.(N.S.)  764. 

Availability  of  judgment  in  favor  of  im- 
mediate actor  in  alleged  wrong  as  es- 
toppel in  favor  of  one  whose  wrong  if 
any  was  derivative.  16  L.R.A. (N.S.) 
677. 

Judgment  in  attachment  as  res  judicata 
against  chattel  mortgagee.  64  L.R.A. 
566. 

Who  bound  by  habeas  corpus  decree  as  tO' 
custody  of  infant.  67  L.R.A.  787;  4& 
L.R.A.  (N.S.)    83. 


I^DEX  TO  L.K.A.  :\01t!S. 


779 


JUDGMENT,  III.  e— cont'd 

Liability  of  reinsurer  wliere  judgment  is 
taken  against  reinsured.  8  L.R.A.  (X. 
S.)    856. 

Is  a  judgment  in  a  suit  to  set  aside  a  fraud- 
ulent conveyance,  which  purports  to  de- 
vest entirely  the  title  of  the  grantee, 
res  judicata,  as  between  the  grantor 
and  grantee  or  their  privies.  21  L.R.A. 
(N.S.)   481. 

Judgment  in  a  suit  by  one  taxpayer  as  res 
judicata  in  a  suit  by  another.  49 
L.K.A.(N.S.)   108. 

Decree  in  taxpayers'  suit  restraining  dis- 
trict from  performing  contract,  as  bind- 
ing upon  contractor.  37  L.R.A. (N.S.) 
383. 

Binding  effect  of  judgment  against  actual 
tort-feasor  upon  one  who  is  construc- 
tively responsible  for  his  torts.  L.R.A. 
1918E,  232. 

Conclusiveness  of  judgment  against  a  con- 
structive tort  feasor  in  a  subse- 
quent action  for  contribution  or  in- 
demnity.    40  L.R.A. (N.S.)   1172. 

Recovery  by  bailor  as  bar  to  action  by 
bailee  for  damage  to  or  conversion  of 
bailed  property.     3  B.  R.  C.  404. 

Judgment  in  favor  of  one  or  more  sureties 
and  against  others  in  action  by  obligee 
as  res  judicata  between  sureties.  51 
L.R.A.  (N.S.)   797. 

Conclusiveness  as  between  lessor  and 
lessee  or  licensor  and  licensee  of  rail- 
road, of  judgment  in  action  for  in- 
juries caused  by  negligence  of  the  lessee 
or  licensee.     L.R.A.1918E,  272. 

Acquittal  of  one  of  the  parties  to  a  sexual 
oflense  as  a  bar  to  prosecution  of  the 
other.    49  L.R.A.  (N.S.)   479. 

§  42.  Persons  not  parties  nor  notified. 

Validity  and  effect  of  a  judgment  against 
parties  designated  in  an  action  as  un- 
known.    L.R.A.1917F,  609. 

Effect  of  attachment  and  sale  of  stranger's 
property.     L.R.A.1917B,  400. 

Decree  in  proceedings  under  the  Torrens 
Law.     L.R.A.1916D,  50. 

Effect  of  judgment  in  ejectment  against 
tenant  upon  landlord  not  a  party,  or 
vice  versa.    26  L.R.A. (N.S.)  595. 

Effect  of  judgment  establishing  title  to  prop- 
erty seized  under  execution,  as  against 
officer  making  seizure,  who  was  not  a 
party    thereto.      14   L.R.A.  (N.S.)    530. 

Judgment  against  one  as  prima  facie  evi- 
dence of  amount  of  damages  against  an- 
other liable  over,  who  had  no  notice 
of  the  suit.     16  L.R,A.(N.S.)    911. 

Judgment  against  trustee  in  mortgage  or 
deed  of  trust  to  secure  debt  as  affect- 
ing beneficiary  not  a  party.  35  L.R.A. 
(N.S.)    196. 

Effect  of  judgment  declaring  husband's  title 
to  estate  to  be  that  of  mortgagee  on 
dower  right  of  wife  who  was  not  a 
party  to  the  action,  13  L.R.A. (N.S.) 
723. 

Action  against  agent  as  bar  to  one  against 
principal  undisclosed  when  action  first 
commenced.     6  L.R.A. (N.S.)    729. 

Consult  also  L.R.A.  Digests  of  Cases. 


JUDGMENT,  III.  e— cont'd 

Necessity  of  demand  or  request  upon  coven- 
antor to  defend  in  order  to  bind  him  by 
decree  against  grantee.  13  L.R.A.  (N. 
S.)   732. 

Failure  of  covenantee  to  give  notice  of 
pendency  of  action  as  affecting  his  right 
to  rely  upon  an  adverse  judgment  to 
show  breach  of  covenant,  L.R.A,1918B, 
52. 

§  43.  Person  not  a  party  or  privy  con- 
ducting defense. 

Where  the  one  assuming  the  defense  is  act- 
ing as  agent  of  the  defendant.  37 
L.R.A. (N.S.)    963. 

Conclusiveness  upon  an  attorney  who  has 
charge  of  the  defense.  37  L.R.A. (N.S.) 
964. 

Actions  against  officers,  37  L,R,A.  (N.S.) 
965. 

Actions  upon  notes.     37  L.R.A. (N.S.)    965.. 

Conclusiveness  as  to  questions  of  liability- 
37  L.R.A. (N.S.)   965. 

Patent  and  trademark  cases.  37  L.R.A. 
(N.S.)    966. 

§  44.  Employer  and  employee. 

Estoppel  of  servants  by  judgment  as  to 
validity  of  patent  in  suit  against  mas- 
ter.   6  B.  R.  C.  727. 

Judgment  in  favor  of  employee  as  bar  to 
recovery  against  employer  for  em- 
ployee's act  or  default.  54  L.R.A. 
649*. 

Effect  of  verdict  for  servant  in  action 
against  master  and  servant  for  latter's 
negligence  or  misfeasance.  9  L.R.A. 
(N.S.)  880;  30  L.R.A.(N.S.)  404; 
L.R.A.1917E,  1029. 

§  45.  Husband  and  wife. 

Conclusiveness  of  judgment  in  wife's  suit 
for  personal  injuries,  in  husband's  ac- 
tion for  loss  of  services  and  expenses. 
10  L.R.A.(N.S.)  140. 

Effect  of  judgment  declaring  husband's  title 
to  an  estate  to  be  that  of  mortgagee, 
upon  dower  right  of  wife,  who  was  not 
a  party  to  the  action.  13  L.R.A. (N.S.) 
723. 

§  4  6.  Corporations   and   stockholders. 

Necessity  of  notice  to  stockholder  to  bind 
him  by  an  order  for  unpaid  stock  sub- 
scription in  insolvency  proceedings.  3U 
L.R.A.  (N.S.)   177. 

Conclusiveness  of  order  in  domicil  of  cor- 
poration of  assessment  against 
stockholders  outside  thereof.  33 
L.R.A.    (N.S.)    910. 

§   4  7.  Principal  and  surety. 

Effect    upon    surety    of    judgment    against 
principal.     40    L.R.A.(N.S.)     698; 
L.R.A.1918E,  814. 
Official     bonds.      52    L.R.A.     165;     40 
L.R.A.  (N.S.)      704;      L.R.A.1918E, 
816. 
§   48.  Principal    and    agent. 
Action  against  agent  as  bar  to  one  against 
principal  undisclosed  when  first  action 
commenced.     6  L.R.A. (N.S.)    729. 
Commencing    action    or    taking    judgment 
against  either  an  undisclosed  principal 


780 


INDEX  TO  L.R.A.  NOTES. 


JUDGMENT,  III.  e— cont'd 

or  his  agent  as  a  bar  to  a  subsequent 
action  against  the  other.  21  L.R.A.  (N. 
S.)    786. 

Judgment  between  principal  and  a  third 
person  as  res  judicata  in  an  action  be- 
tween the  latter  and  an  agent.  37 
L.R.A.  (N.S.)    37. 

§   49.  Persons   not  in   being. 

Devestiture  of  estates  of  persons  not  in"  be- 
ing.    8   L.R.A. (N.S.)    49. 

§   50.  Mortgage  cases. 

Judgment  against  trustee  in  mortgage  or 
deed  of  trust  to  secure  a  debt  as  af- 
fecting beneficiarv  who  was  not  a  party, 
35   L.R.A.  (N.S.) '196. 

Conclusiveness  on  bond  holders  of  decree  in 
suit  by  trustee  in  mortgage  or  deed  of 
trust.     16   L.R.A.  (N.S.)    1009. 

f.  Collateral  attach. 

1.  In  general. 

§   51.  Generally. 

On  foreign  judgment,  see  infra,   §§   71,  72. 

Judgment  in  action  to  remove  cloud  on  title, 
see  Cloud  on  Title,  §  6. 

On  decree  of  divorce,  see  Divorce  axd  Sep- 
aration, §§  16-19. 

What  is  a  collateral,  and  what  a  direct, 
attack  upon  a  judgment,  within  the 
rule  that  a  judgment  that  is  not  void 
cannot  be  attacked  collaterallv.  L.R.A. 
1918D,  470. 

On  judgment  against  parties  designated  in 
an  action  as  unknown.  L.R.A.1918F, 
639. 

On  adjudication  in  lunacv  proceeding  for 
lack  of  notice.     23  L.R.A.  743. 

On  decree  in  proceedings  under  the  Torrens 
Law.     L.R.A.1916D,  50. 

Collateral  impeachment  of  findings  as  to 
jurisdictional  facts  on  which  adminis- 
tration of  a  decedent's  estate  is  based. 
18  L.R.A.  242. 

Presumption  that  attorney  appearing  in  ac- 
tion has  full  authority  to  do  so.  21 
L.R.A.  848. 

Presumption  as  to  jurisdiction  when  record 
shows  defence.     1  L.R.A. (N.S.)    740. 

Collateral  attack  on  proceedings  of  magis- 
trate committing  wdtness  for  contempt. 
1  L.R.A.  (N.S.)    1143. 

On  judgment  against  insane  person.  39 
L.R.A.  779;   35  L.R.A. (N.S.)    1093. 

On  decisions  or  findings  of  the  Land  De- 
partment.   L.R.A.1918D,  597. 

§   52.  Who   may   attack   judgment. 

Right  of  parties  to  adoption  proceedings  or 
their  privies  to  attack  decree  of  adop- 
tion.    30  L.R.A.  (N.S.)   159. 

Right  of  garnishee  to  attack  judgment 
against  principal  defendant  for 
lack  of  jurisdiction.  51  L.R.A. 
(N.S.)  597. 

§  53.  — alleged  fraudulent  grantee 
from   judgment   debtor,  . 

Status  of  the  grantee  as  affecting  his  right 
to  attack  the  judgment.    67  L.R.A.  610. 

How  the  objection  to  the  judgment  must 
be  made.     67  L.R.A.  611. 


JUDGilENT,  f— cont'd 

The  sufficiency  of  the  judgment  pleaded,  to 
support  the  action.     67  L.R.A.  611. 

2.  Grounds. 

§   54.  Generally. 

Decree  of  divorce,  see  Divorce  and  Separa- 
tion, §§  16-19. 

Disqualification  of  a  part  of  the  participat- 
ing judges.     L.R.A.1918D,  244. 

Insanity  of  party.     39  L.R.A.  779. 

Insufficiencv  of  pleadings.  L.R.A.lOlGE, 
316. 

Unauthorized  appearance  of  attornev.  21 
L.R.A.  854. 

Perjury.  10  L.R.A.  (N.S.)  242;  L.R.A 
1916B,  893. 

Collateral  attack  on  lunacy  proceedings  for 
want  of  notice  to  the  lunatic.  12 
L.R.A.(N.S.)  895;  26  L.R.A.  (N.S.)  237. 

Collateral  attack  on  probate  where  the  de- 
cree or  the  will  affirmatively  shows  tlmt 
the  will  is  invalid.  42  L.R.A. (N.S.) 
454. 

Right  in  a  collateral  proceeding  to  raise  the 
question  of  the  validity  of  a  statute 
or  ordinance  upon  which  a  proceeding 
in  a  criminal  case  is  based.  L.R.A. 
1918D,  1007. 

§   55.  Fraud. 

As  ground  for  attacking  foreign  judgment, 
see   infra,   §   72. 

Decree  of  divorce,  see  Divorce  and  Separa- 
tion, §§  16,  17. 

As  ground  for  attack  on  decree  in  proceed- 
ings  under   the   Torrens   Law.     L.R.A. 
1916D,  53. 
By  alleged  fraudulent  grantee  on  judgment 
on  Avhich  action  to  set  aside  conveyance 
as  fraudulent  is  based.     67  L.R.A.  605. 
Character  and  kinds  of  judgments  and  or- 
ders   within    the    rule    that    judg- 
ments and  orders  cannot  be  collat- 
erally  attacked   for   fraud   not   af- 
fecting the  jurisdiction.     36  L.R.A. 
(N.S.)  980. 

§  56.  Decision  against  constitutional 
right. 

Denial  of  due  process  of  law  or  other  consti- 
tutional   right    of    procedvire.      39 
L.R.A.  449. 
Conviction    for    violating    unconstitutiolial 

statute  or  ordinance.     39  L.R.A.  454. 
Judgment  on  unconstitutional  contract.     39 

L.R.A.  457. 
Other  cases.    39  L.R.A.  458. 

§  5  7,  Judgment  on  which  action  to  set 
aside  conveyance  as  fraxidnlent  is 
based. 

Attack  for  fraud  or  collusion.  67  L.R.A. 
605. 

Attack  for  irregularity.     67  L.R.A.   608. 

Unintentional  default  in  the  original  action. 
67  L.R.A.  609. 

Attack  for  matters  arising  since  tlic-  judg- 
ment.    67  L.R.A.  609. 


Segin  witJi  tJiis  hooTv  on  every  la^v  question. 


INDEX  TO  L.R.A.  NOTES. 


781 


JUDGMENT— cont'd 


IV.  The    lien. 


a.  In   geneval. 


§   58.  Generally. 

\Yhat  entry  or  record  is  necessary  to  secure 
lien,  see  supra,   §   lo. 

Power  of  attorney  to  bind  client  by  discharge 
of  lien  of  judgment  before  payment  or  j 
satisfaction.    L.R.A. 3918D,  80J). 

Personal  liability  of  a  trustee  for  losses  to 
trust  estate  from  loaning  money  on  se- 
curity of  judgment  lien  on  real  estate. 
44  L.R.A.  (N.S.)    897. 

Discharge  of  liability  of  one  spouse  on  judg- 
ment against  both  as  afTecting  lien  on 
estate  by  entireties.     L.R.A.191CD,  115. 

Effect  of  judgment  as  lien.     17  L.R.A.  345. 

Effect  of  filing  of  creditor's  bill  on  lien  of 
judgment.     17   L.R.A.  345. 

Effect  on,  of  deed  in  partition.  57  L.R.A. 
340. 

Effect  on,  of  discharge  in  bankruptcv.  42 
L.R.A.(N.S.)   294. 

Effect  upon  existing  judgment  lien  of  pro- 
ceedings to  renew,  revive,  or  extend  the 
judgment.      53   L.R.A.    702. 

Judgment  against  vendor  or  vendee  as  lien 
on  property  which  is  the  subject  of  a 
land  contract.     57  L.R.A.  644. 

Position  of  judgment  creditors  of  partner- 
ship.   28  L.R.A.  170. 

Necessity  of  keeping  alive  judgment  against  j 
municipal  corporation.    2  L.R.A. (N.S.) 
855. 

§   59.  Of  jutlft-nient  of  Federal   court. 

Similarity   of    liens   of    Federal   judgments, 

to  those  of  judgments   in  state  courts. 

47  L.R.A.  469. 
Derivation  of  liens.     47  L.R.A.  470.' 
Territorial   extent  of  lien.     47  L.R.A.  473. 
Time  of  attacliing.     47  L.R.A.  478. 
Statutes  of  limitations.    47  L.R.A.  478. 
Suspending  the  lien.    47  L.R.A.  479. 
Judgments   rendered   in  another   state.     47 

L.R.A.  479. 
Priority    of   judgment    in    favor   of   United 

States.     47  L.R.A-  479. 
Decree  in  admiralty.    47  L.R.A.  480. 

g  60.  Contlnuinj?  lien  of  judgment 
opened  or  set  aside  to  permit  a  de- 
fense. 

Distinction  between  opening  and  setting 
aside  or  vacating  judgment.  41  L.R.A. 
222. 

Power  to  continue  lien  on  opening  judg- 
ment.    41  L.R.A.  223. 

The  Pennsylvania  and  Ohio  rules.  41  L.R.A. 
225. 

Effect  of  continuance  of  lien.    41  L.R.A.  225. 

The  second  or  final  judgment.  41  L.R.A. 
226. 

The  final  enforcciuent  or  collection.  41 
L.R.A.  227. 

Consult  also  L.Ji.A.  Di{/eMs  of  Canes. 


JUDGEMENT,  IV.— cont'd 

h.  Priority   of. 

§   61.  Generally. 

May  priority  between  judgments,  the  liens 
of  which  have  attached  simultaneous- 
ly, be  obtained  by  priority  of  execution 
proceedings.      L.R.A.1916D,   669. 

Priority  of  judgment  of  Federal  court  in 
favor  of  United  States.     47  L.R.A.  479. 

On  future  crops  as  against  purchaser  or 
mortgagee.     23  L.R.A.   466. 

Superiority  of  lien  of  local  assessment,  '^^y 
L.R.A.  372. 

Pre-existing  debt  as  consideration  for  mort- 
gage as  against  judgment.  33  L.R.A. 
309. 

Federal  courts  following  state  decisions  as 
to  priority  of  judgment.  40  L.R.A.  (N. 
S.)  4.35. 

§   62.  As  to  unrecorded  conveyance. 

In  absence  of  express  statutory  definition. 

16  L.R.A.   668. 
Priority  of  judgment  by  virtue  of  statutes. 

16"L.R.A.  668. 
Effect  of  notice  on  rank  of  lien  of  judgment. 

16  L.R.A.  670. 
Priority  of  right  of  purchaser  at  sale  under 

judgment.     16  L.R.A.  671. 
When  judgment  creditor  purchases  at  sale. 

16  L.R.A.  671. 
Effect  of  notice  to  purchaser  at  judgment 

sale.     16  L.R.A.  672. 
Priority    as    between    unrecorded    deed    or 

mortgage  of  real  estate  and  judgment 

lien    acquired    by    attachment.      L  R.A. 

1918A,  1089. 

§  63.  Over  conveyance  made  after  be- 
ginning of  term. 

English  rule.    38  L.R.A.  243. 

American    comments   on    English   rule.      38 

L.R.A.  245. 
States  in  which  the  judgment  relates  back. 

38  L.R.A.  246. 
General  American  rule.    38  L.R.A.  247. 
Judgment  with  stay  of  execution.    38  L.R.A. 

250. 
Special  cases.    38  L.R.A.  250. 

§   64.  On   after-acquired   property. 

Enumeration    of    the    different    rules.      4'1 

L.R.A.  209. 
Rule  tbat  liens  attach  equally.     42  L.R.A. 

210. 
Rule  that  original  priority  is  retained.     42 

L.R.A.  212. 
Rule  that  lien  does  not  attach.     42  L.R.A. 

212. 

e.  On  n-hat  proiwrty. 

§   6  5.  Generally.  • 

Priority  of  lien  on  property,  see  supra, 
§§'61-64. 

Against  ])rop<'rty  sold  in  action  to  enforce 
contribution  to  cost  of  party  wall  by  or 
against  grantees  or  successors  in  title. 
on  L.R.A.   698. 


7S2 


INDEX  TO  L.E.A.  NOTES. 


JUDGEMENT,  IV.  c— cont'd 

Judgment  against  individual  as  lien  on  in- 
terest of  tenant  by  entirety.  9  L.R.x^. 
(N.S.)  1026;  42'  L.R.A.(N.S.)  555; 
L.R.A.1918C,  1015. 

Money  decree  for  permanent  alimony  or  sep- 
arate maintenance  as  lien  on  real  prop- 
erty. 25  L.R.A.(N.S.)  132;  L.R.A 
1916B,  651. 

Dedication  as  affecting  lien  of  judgment. 
31  L.R.A.  (N.S.)  1028. 

Interest  of  vendee  under  an  executory  con- 
tract for  the  purchase  of  real  property. 
L.R.A. 1915B,  340. 

Judgment  on  antecedent  debt  as  lien  on 
property  to  which  exemption  law  has 
attached  in  the  meantime.  37  L.R.A. 
(N.S.)    156. 

Lien  of  judgment  against  one  having  legal 
title  to  land  belonging  to  another.  22 
L.R.A.  258. 

Lien  on  judgment  on  real  property  permit- 
ted to  stand  in  debtor's  name.  30 
L.R.A.(N.S.)  10;  46  L.R.A.  (N.S.) 
1097. 

V.  Foreign  judgments, 

a.  In  general. 

§   66.  Generally. 

Jurisdiction  to  render  decree  of  divorce 
against  nonresident,  see  Divorce  and 
Separation,  §§  7-12. 

Impeaching  foreign  decree  of  divorce,  see 
Divorce  and  Separation,  §  17. 

Garnishment  of  judgment  rendered  in  an- 
other state.      43   L.R.A. (N.S.)    531. 

Law  governing  right  to  interest  on  foreign 
judgment.     56  L.R.A.   309. 

Lien  of  judgment  of  Federal  court  rendered 
in  another  state.    47  L.R.A.  479. 

Copies  of  records  of,  for  evidence  in  other 
state.     5  L.R.A.  (N.S.)    938. 

Sufficiency  of  foreign  judgment  as  condition 
precedent  to  equitable  remedies  of  cred- 
itors.    23  L.R.A.  (N.S.)    22. 

b.  Effect   and   conclusiveness   of. 

%   6  7.  Generally. 

In  divorce  suit,  see  Divorce  and  Separa- 
tion, §  15. 

Decision  under  full  faith  and  credit  provi- 
sion as  a  Federal  question.  62  L.R.A. 
529. 

Consideration  by  Federal  Supreme  Court  of 
questions  relating  to  full  faith  and  cred- 
it provision  in  reviewing  judgment  of 
state  court.     63  L.R.A.  580. 

Foreign  judgments  in  rem.  20  L.R.A.  668; 
32  L.R.A.  236. 

Judgments  in  personam.     20  L.R.A.  674. 

Judgments  of  the  courts- of  the  Confederate 
states.     20   L.R.A.   681. 

Foreign  habeas  corpus  decree  as  to  custody 
of  infant  as  res  judicata.  67  L.R.A. 
788:  49  L.R.A. (N.S.)   83. 

Effect  of  assessment  on  stockholders  under 
order  of  court  in  another  state  as  res 
judicata.     34  L.R.A.  694. 

Begin  witJi  tJiis  hooTc  on  every  law  question. 


JUDGMENT,  V.  1>— cont'd 

Effect  in  third  state  of  decree  upholding  a 
»  foreign  judgment.    2  L.R.A.  (N.S.)   325. 

Effect  of  foreign  judgment  obtained  on  un- 
authorized appearance  by  attornev.  21 
L.R.A.  857. 

Effect  in  other  state  of  judgment  based  on 
local  or  peculiar  law  affecting  the 
merits  of  the  cause  of  action  or  de- 
fense.    L.R.A.1915F,  984. 

Judgments  of  courts  of  state  in  which  in- 
surance company  is  incorporated  as 
binding  in  other  states.  L.R.A. 1916A, 
770. 

Judgment  in  one  state  in  an  action  for 
death  as  affecting  action  in  another 
state  for  the  same  death.  L.R.A.1915F, 
737. 

Extraterritorial  effect  of  judgment  fixing 
domicil.     L.R.A.1917C,  185. 

§   68.  Judgment  by   confession. 

Effect  in  other  states,  of  judgment  confessed 
on  warrant  of  attorney.  3  L.R.A.  (N. 
S.)  449. 

§  69.  Effect  of  probate  of  will  in  an- 
other state. 

Conclusiveness    of    foreign   probate   decrees. 

20  L.R.A.  673. 
As  to  personal  property.    48  L.R.A.  131. 
Wills  of  real  estate.    "48  L.R.A.  133. 
Presumption.     48  L.R.A.   136. 
As  to  full  faith  and  credit.     48  L.R.A.  136. 
Conclusiveness  of  decree  of  probate  from  an- 
other state.    48  L.R.A.  137. 

Classification  by  states.     48  L.R.A.  142. 
Conclusiveness  of  foreign  probate  as  affect- 
ing real  property.     6  L.R.A. (N.S.)   617. 

§7  0.  Against  executor  or  administra- 
tor. 

The  general  rule.     27  L.R.A.  101. 

In    proceedings    commenced    in    decedent's 

lifetime.     27   L.R.A.   105, 
Reasons   for   the   rule.     27   L.R.A.   106. 
The  effect  of  the  United  States  Constitution 

and  act  of  Congress.     27  L.R.A.  108. 
How  affected  by  state   statute.     27   L.R.A. 

109. 
As  evidence  of  indebtedness.    27  L.R.A.  111. 
Exceptions  to  the  general  rule.     27  L.R.A. 

112. 
English  decisions.     27  L.R.A.  116. 

c.  Collateral   attack    on. 

§    71.  Generally. 

On  decree  of  divorce,  see  Divorce  and  Sep- 
aration, §  17. 

Attack  on  foreign  judgment  on  ground  that 
appearance    of    attorney    unauthorized. 

21  L.R.A.  857. 

§    72.  On  ground  of  fraud. 

Right  of  surety  to  relief  against  judgment, 
see  Principal  and  Surety,  §  25. 

Right  to  question  judgment  of  court  of  sis- 
ter state  upon  ground  that  defendant 
was  induced  by  fraud  to  go  within  its 
jurisdiction.     12  L.R.A. (N.S.)    941. 


INDEX  TO  L.R.A.  NOTES. 


783 


JUDGMENT,  V.  c— cont'd 

Right  to  resist  judgment  of  sister  state  on 

tlij   ground   of    fraud.      32   L.R.A. 

(N.e.)   905. 

d.  Enforcetnent. 

§   73.  Generally. 

,  Decree  for  alimony,  see  Divorce  and  Sepa- 
K.-ilON,  §  45. 

Action  in  one  state  upon  a  judgment  re- 
covered under  a  penal  statute  in  an- 
other.    12  L.R.A.(N.S.)   873. 

Right  of  domiciliary  administrator  to  sue 
on  judgment  in  other  state.  39  L.R.A. 
(N.S.)    430. 

Judgment  upon  judgment  of  sister  state  as 
merger  of  the  original.  42  L.R.A, 
(N.S.)    360. 

VI.  Payment;  discharge;  assignment. 

a.  Payment;  discharge;  satisfaction. 

%   74.  Generally. 

Exemption    of    property    from    liability    to 

satisfy,  see  Exemptions. 
Judgment    against    infant,     see    Infants, 

§   36. 
Release  of  one  joint  debtor  from  judgment, 

see  Joint  Creditors  and  Debtors,  II. 

Payment  of  part  of  judgment,  or  promise 
or  agreement  to  pay,  as  consideration 
for  agreement  extending  time  of  pay- 
ment.    52  L.R.A. (N.S.)   368. 

Payment  by  volunteer.    23  L.R.A.  130. 

Satisfaction  of  judgment  on  which  action 
to  set  aside  conveyance  by  judgment 
debtor  is  based.     67  L.R.A.  610. 

Sheriff's  duty  as  to  adverse  claims  to  pro- 
ceeds of  judgments  in  his  hands.  47 
L.R.A.  737. 

night  of  town,  county,  or  municipality  to 
compromise  valid  judgment  on  partial 
payment  thereof.     19  L.R.A. (N.S.)  320. 

Right  of  alleged  fraudulent  grantee  of  judg- 
ment debtor  to  show  payment  of  claim 
on  which  judgment  based.  67  L.R.A, 
599. 

f   7  5.  Who  may  receive  payment. 

Right  of  next  friend  to  receive  pavment  of, 
and  satisfy,  judgment  recovered  in  be- 
half of  infant.  3  L.R.A. (N.S.)  72;  11 
L.R.A.(N.S.)  913;  L.R.A.1918C,  55. 

Satisfaction  by  guardian  ad  litem  or  his 
attorney,  of  judgment  in  favor  of  minor. 
3L.R.A.(N.S.)  72. 

%   76.  Effect  of. 

Effect  of  release  of  one  joint  judgment  debt- 
or, see  Joint  Creditors  and  Debtors, 
II. 

Extinguisliment  of  judgment  against  prin- 
cipal by  surety's  payment,  see  Princi- 
pal AND  Surety,  §  28. 

Payment  by  defeated  party  as  estoppel  to 
appeal  therefrom.     29  L.R.A. (N.S.)   22. 

Right  of  one  who  has  collected  part  of  judg- 
ment to  appeal  from  the  rest.  29  L.R.A. 
(N.S.)    15. 

Consr.n  also  L.R.A.  Digests  of  Cases. 


JUDGMENT,  VI.  a— cont'd 

Right  to  show  upon  extrinsic  evidence  that 
payment  of  judgment  against,  or  con- 
sideration for  release  of,  alleged  joint 
tort  feasor  was  not  a  satisfaction  of 
the  claim.     14  L.R.A. (N.S.)   329. 

Right  to  new  trial  after  satisfaction  of 
judgment.     68  L.R.A.  136. 

Title  of  purchaser  at  judicial  sale  where 
judgment  was  satisfied  before  sale.  21 
L.R.A.  44. 

Payment,  as  ground  for  injunction  against 
judgment.     30  L.R.A.  563. 

Effect  of  judgment  against  one  joint  tort 
feasor  and  satisfaction  thereof  wholly 
or  partly  on  liability  of  other.  58 
L.R.A.  421. 

Discharge  of  liability  of  one  spouse  on 
judgment  against  both  as  affecting  lien 
on  estate  by  entireties.  L.R.A.1916D, 
115. 

§   7  7.  Cancelation  of;  recovery  back. 

Right  of  creditor  to  have  satisfaction  of 
judgment  canceled  where  the  property 
levied  on,  or  its  proceeds,  is  returned  to 
the  debtor  as  exempt,  or  to  a  third  per- 
son who  establishes  a  claim  thereto. 
11  L.R.A.(N.S.)    396. 

When  does  limitation  commence  to  run 
against  action  to  recover  money  paid 
on  a  judgment  subsequently  reversed 
or  modified.    25  L.R.A. (N.S.)  31. 

Recovery  of  payment  on  judgment  as  made 
under  duress  of  real  property.  L.R.A. 
1915B,  501. 

b.  Assignment. 

§   78.  Generally. 

Assignability  of  decree  for  alimony.  7 
L.R.A.  (N.S.)    179. 

Assignment  of  judgment  as  transfer  of  inci- 
dental rights.     1  L.R.A.  (N.S.)    149. 

Set-off  against  judgment  in  hands  of  as- 
signee. 23  L.R.A.  335;  L.R.A.1917F, 
1010. 

Right  to  injunction  against  enforcement  of 
judgment  as  aid  to  equitable  set-off  of 
claim  as  against  assignee  of  judgment. 
35   L.R.A. (N.S.)    143. 

Assignment  of  judgment  as  affecting  attor- 
ney's lien  thereon.  37  L.R.A.(N.S.) 
226. 

Effect  of  death  of  one  of  the  parties  after 
assignment  upon  remedv  by  execution. 
61  L.R.A.  _,;359. 

VII.  Revival;  enforcement. 

a.  Revival;  scire  facias. 

§   7  9.  Generally. 

r^ffect  of  new  promise  or  pavment  on  barred 
judgment.     8  L.R.A. (N.S.)    440. 

Effect  on  existing  judgment  lien  of  pro- 
ceedings to  revive  judgment.  53  L.R.A. 
702. 

Effect  of  resolution  to  pay  judgment 
against  city  to  excuse  creditor's  failure 
to  revive  judgment  during  statutory 
period.     2  L.R.A. (N.S.)    855. 


784 


INDEX  TO  L.R.A.  AOTES. 


gUDGMENT,  YII.  a— cont'd 

Revival  of  judgments  in  favor  of  the  state. 
47   L.R.A.{N.S.)    905. 

Expiration  of  period  for  revival  of  dormant 
judgment  as  bar  to  an  action  thereon 
L.R.A.1916E,  738. 

Right  of  garnishee  on  scire  facias  on  judg- 
ment against  him  to  attack  judgment 
against  principal  defendant  for  lack  of 
jurisdiction.     51  L.R.A.(N.S.)    000. 

§  80.  Service  of  notice  in  proceedings 
for. 

In  general.     37  L.R.A.(N.S.)    1162. 

Mode  and   sufficiency   of   service,   gencrallv. 

37   L.R.A.(N.S.)    1162. 
Directing    process    to    other    county.       37 

L.R.A.(N.S.)    1163. 
Service  on  nonresident  of  state.     37  L.R.A. 

(N.S.)    1163. 

ft.  Enforcement. 

§   81.  Generally. 

Of  foreign  judgment,  see  supra,  §  73. 
Injunction  against,  see  Injuxction,  §§  47- 

60. 
Set-off    of,    or    against,    see    SBTr-OFF    and 

Counterclaim,  §§  22-24. 

Effect  of  war  on  judgment  recovered  by 
alien  enemy.     5  B.  R.  C.  589. 

Entry  or  record  necessary  for  the  purpose 
of  enforcing  judgment.     28  L.R.A.  633. 

Eight  to  sue  upon  domestic  judgment  upon 
which  execution  may  be  issued.  L.R.A. 
1917A,  189. 

Of  judgment  against  insane  person.  39 
L.R.A.   778;    35   L.R.A.  (X.S.)    1093. 

Final  enforcement  or  collection  of  judg- 
ment opened  or  set  aside  to  permit  a 
defense.     41  L.R.A.  227. 

Judgment  in  suit  in  equity  affecting  real 
property  in  another  state  or  country. 
69   L.R.A.   694. 

Enforcement  of  judgment  against  munici- 
pality for  property  destroyed  by  mob. 
24  L.R.A.  602. 

Power  of  Federal  court  to  enforce  its  own 
judgment  against  a  decedent's  estate. 
12   L.R.A.  (N.S.)    154. 

Enforceability  of  judgment  containing 
usury.      3   L.R.A. (N.S.)    715. 

Effect  of  death  of  one  of  the  parties  after, 
upon  remedy  by  execution.  61  L.R.A. 
353. 

Injunction  in  favor  of  juc^ment  creditors 
against  sale  under  other  process.  30 
L.R.A.  127. 

Liability  for  procuring  judgment  on  spur- 
ious claim  and  enforcing  the  same 
against  the  property  of  the  judgment 
debtor..   36  L.R.A. (N.S.)   1112. 

§  82.  Who  may  enforce. 

Who  is  real  party  in  interest  by  whom  ac- 
tion on  iudgment  must  be  brought.  64 
L.R.A.   608. 

§   83.  —  riglit  of   surety   who  has   paid 

judgment  to  enforce  it. 
At  law.     10  L.R.A.  115. 
liecjin  tvith  this  hooTc  on  every  Imv  question. 


JUDGMENT,  VII.  b— cont'd 
In  equitv.     16  L.R.A.  117. 
Under  statutes.     16  L.R.A.  118. 

§   84.  Mode  of  enforcement. 

By  execution  or  levy,  see  Executiox:  Levt 
AND  Seizure. 

Equitable  remedy  to  subject  chose  in  action 
to  judgment  after  return  of  no  prop- 
erty found.  63  L.R.A.  673;  15  L.R.A. 
(N.S.)    976. 

Exhausting  remedies  at  law  as  a  condition 
of  right  of  judgment  creditor  to  pro- 
cure a  receivership.    33  L.R.A.  540. 

Enforcing  orders  and  decrees  of  court  by 
imprisonment  for  debt.  34  L.R.A.  661; 
L.R.A.1915B,  649. 

Right  to  set  up  judgment  in  other  court  by 
amendment  or  supplemental  complaint 
in  pending  action.     49  L.R.A.  285. 

Provability  of  judgments  in  bankruptcv.  54 
L.R.A.  369. 

Necessity  of  notice  of  default  to  bind  guar- 
antor of  judgment.     20  L.R.A.  250. 

Right  to  mandamus  to  compel  inferior 
court  to  execute  or  enforce  its  judg- 
ment or  decree.     24  L.R.A. (N.S.)    8S(J. 

§   85.  Effect  of  dormancy  of  judgment. 

Attack     for     dormancy,     on     judgment     on 

which  action  to  set  aside  convevanee  as. 

fraudulent  is  based.  67  L.R.A."  609. 
Dormancy    of,    as    ground    for    injunction 

against  execution.  30  L.R.A.  142. 
Expiration  of  period  for  revival  of  dormant 

judgment  as  bar  to  an  action  thereon. 

L.R;A.1916E,  738. 

§86.  Limitation   of  action   to  enforce. 

Conflict  of  laws  as  to  limitations  of  actions 
on.     48  L.R.A.  632. 

Effect  of  bar  of  limitations  against  action 
to  enfoi'ce  judgment  on  right  to  isssiie 
execution  thereon.  23  L.R.A.  (N.S.) 
1096. 

Is  running  of  statute  against  judgment 
postponed  until  expiration  of  time  for 
appeal  or  motion  tO'  iivoid.  47  L.R.A. 
(N.S.)    145. 

Absence  from  state  as  affecting  running  of 
statute  of  limitations  against  judg- 
ment.    51  L.R.A.(N.S.)   883. 

VIII.  Relief  from;  setting  aside. 
a.  In  general. 

§   87.  Generally. 

Appealability  of  judgment,  see  Appeal  and 
Error,  §§  1,  2. 

Loss  of  riglit  to  appeal,  see  Appeal  and  Er- 
ror, §§  8,  8a. 

Relief  from  award  of  arbiters,  see  Arbitra- 
tion, §  6. 

From  decree  of  divorce,  see  Divorce  axd 
Separation,  §§  16-19. 

Modification  of  decree  for  alimony,  see 
Divorce  and  Separation,  §  46. 

Injunction  against  judgment,  see  Injunc- 
tion,  §§   47-60." 


INDEX  TO  L.R.A.  NOTES. 


785 


JUDGMENT,  VIII.  a— cont'd 

Vieiieral  equitable  jurisdiction  in  regard  to 
injunctions  against  judgments,  see  In- 
JUXCTiox,  §  47. 

Negligence  as  bar  to  injunction,  see  In- 
junction, §  57. 

As  to  bill  of  review,  see  Review. 

Continuing  lien  of  judgment  opened  or  set 
aside  to  permit  a  defense,  see  supra, 
§    60. 

Right  to  have  void  judgment  reviewed  by 
appellate  court  as  aflecting  right  to 
equitable  relief.    50  L.R.A.  (N.S.)   1055. 

Relief  from  decree  in  proceedings  under 
the  Torrens  Law.     L.R.A.1916D,  50. 

Assignment  of  right  to  set  aside.  15  L.R.A. 
813. 

Relief  from,  when  rendered  on  publication 
of  process.     16  L.R.A.  301. 

Opening,  setting  aside,  and  vacating  decrees 
obtained  by  publication.  19  L.R.A. 
817. 

Reversal,  setting  aside,  or  superseding  of 
judgment  as  ground  for  injunction.  30 
L.R.A.  563. 

Knowledge  of  the  pendency  of  an  action  as 
affecting  right  to  equitable  relief  from 
judgment  rendered  without  personal  ju- 
risdiction over  defendant.  9  L.R.A. 
(N.S.)    1062. 

May  judgment  against  two  or  more  tort 
feasors  be  set  aside  as  to  some  and  al- 
]owe<l  to  stand  as  to  the  rest.  27 
L.R.A. (N.S.)    209. 

Relief  from  judgment  against  insane  person. 
39  L.R.A.   780;   35  L.R.A. (N.S.)    1094. 

Removal  for  separable  controversy  of  ac- 
tion by  school  district  to  cancel  judg- 
ments.    5  L.R.A. (N.S.)    87. 

Elimination  of  usury  after  judgment  fixing 
amount  of  debt  or  lien.  3  L.R.A. 
(N.S.)   715. 

Efl'eet  of  failure  to  object  before  judgment 
to  luiauthorized  appearance  by  an  at- 
torney upon  right  to  relief  from  judg- 
ment.    L.R.A.1918B,  899, 

§   88.  Defenses. 

Riglit  to  open  default  as  affected  by  char- 
acter of  defense.    L.R.A.1916F,  839. 

Defense  of  statute  of  limitations.  61  L.R.A. 
746;  L.R.A.1910F,  856. 

Defense  of  usury.  12  L.R.A. (N.S.)  659; 
L.R.A.1916F,  859. 

Necessity  of  showing  defense  to  cause  of 
action  on  which  judgment  based  as  a 
condition  of  maintaining  suit  in  equity 
to  set  the  same  aside  upon  ground  that 
it  was  obtained  without  jurisdiction. 
14   L.R.A. (N.S.)    213. 

Necessity  of  affidavit  of  meritorious  defense, 
and  necessity  of  showing  such  defense, 
in  order  to  vacate  a  judgment  rendered 
without  jurisdiction  of  the  person  of 
defendant.     18  L.R.A.  (N.S.)   405. 

Necessity  of  showing  meritorious  defense  as 
prerequisite  to  relief  from  divorce  de- 
cree.   L.R.A.1917B,  427. 

§   89.  Judgment  by  confession. 

InjuMction  against  judgment  by  confession, 
see  Injunction.  §  59. 


JUDGMENT,  VIII.  a— cont'd 

Right  of  third  person  to  have  judgment  on 

confession  set  aside.    54  L.R.A.  758. 
Setting   aside   judgment   confessed   on   Avar- 

rant  of  attorney.     13  L.R.A.  800. 

§   90.  Judgment  by  default. 

Grounds  for  relief,  see  infra,  §  97. 

Riglit  to  open  default  as  affected  by  char- 
acter of  defense.  61  L.R.A.  746;  L.R.A. 
1916F,  839. 

Opening  decrees  of  divorce  taken  by  default. 
L.R.A.1917B,  472. 

Reliance  upon  receiving  notice  from  oppos- 
ing counsel  as  excuse  for  default.  4 
L.R.A.  (N.S.)   196. 

Waiver  of  right  to  appeal  from  opening  of 
default  by  acceptance  of  favorable  part. 
29  L.R.A.(N.S.)   26. 

§   91.  —availability    to   privies. 

Is  remedy  of  party  to  open  a  default  judg- 
ment available  to  his  privies.  26 
L.R.A.(N.S.)     1063. 

§  92.  Who  may  have  judgment  against 
other   parties   set   aside. 

Who  entitled  to  appeal,  see  Appeal  and  Er- 
BOB,  §§  7,  7a. 

Right  of  third  person  to  have  decree  of  di- 
vorce set  aside.  54  L.R.A.  758;  L.R.A. 
1917B,  497. 

Is  remedy  to  open  default  judgment  avail- 
able to  his  privies.  26  L.R.A. (N.S.) 
1063. 

Right  of  distributee  who  had  no  notice  and 
did  not  appear,  to  have  decree  of  ac- 
counting opened.     63  L.R.A.  98. 

Remedy  of  pretermitted  heirs  to  have  pro- 
bate set  aside.     37  L.R.A.  (N.S.)    1144. 

Who  may  ask  for  relief  from  judgment 
against  insane  person.  35  L.R.A. 
(N.S.)    1096. 

Judgments  on  confession.     54  L.R.A.  758. 

Matters  of  administration,  probate,  heirs, 
guardian.     54  L.R.A.  761. 

Assignment  for  creditors.    54  L.R.A.  762. 

Garnishment.     54  L.R.A.  763. 

Foreclosure  of  mortgage.    54  L.R.A.  763. 

Judgments  against  partners.  54  L.R.A. 
763. 

Judgments  against  corporations.  54  L.R.A. 
763. 

For  death  of  party.    54  L.R.A.  764. 

For  usury.     54  L.R.A.  765. 

Application  by  surety  or  guarantor.  54 
L.R.A.  765. 

Application  by  party  claiming  property  af- 
fected.    .54  L.R.A.  760. 

Application  bv  creditors  seeking  relief.  54 
L.R.A.  768. 

Application  by  other  persons.  54  L.R.A. 
708. 

VAHio  is  entitled  to  invoke  certiorari  to  re- 
view a  decree  or  order  affecting  sale  of 
intoxicating-  liquor.  19  L.R.A. (N.S.) 
610. 

Right  of  creditor  to  attack  a  judgment 
against  debtor  in  favor  of  another  cred- 
itor on  the  ground  of  accident  or  mis- 
take.    29   L.R.A.  (N.S.)    1190. 


CoiisuU  also  L.R.A.  Digesta  of  Cases.    50 


786 


INDEX  TO  L.R.A.  NOTES. 


JUDGMENT,  VIII.— cont'd 
b.  Grounds. 

§  93.  Generally. 

For  relief  from  decree  of  divorce,  see  Di- 
vorce AND  Separation,  §§  16-19. 

Invalidity  or  want  of  jurisdiction  as  ground 
for  injunction,  see  Injunction,  §  48. 

Errors  and  irregularities  as  ground  for  in- 
junction, see  Injunction,  §  49. 

Matters  arising  subsequent  to  rendition  of 
judgment,  as  ground  for  injunction,  see 
Injunction,    §    50. 

Defenses  existing  prior  to  rendition  of  judg- 
ment, as  ground  for  injunction,  see 
Injunction,  §  51. 

Disqualification  of  a  part  of  the  participat- 
ing judges.  L.R.A.1918D,  244. 

Relief  from  judgment  obtained  on  unau- 
thorized appearance  by  attornev.  21 
L.R.A.   854. 

Relief  against  judgment  rendered  against 
insane  person.     39  L.R.A.  780. 

Relief  from  judgment  suffered  in  reliance 
upon  a  promise  which  was  not  ob- 
served.    13  L.R.A.(N.S.)    579. 

Judgment  entered  upon  warrant  of  attorney 
in  contract  made  on  Sunday.  44  L.R.A. 
(N.S.)   727. 

Opening  or  setting  aside  consent  decree  en- 
tered by  consent  of  attorney.  46  L.R.A. 
(N.S.)   753. 

§  94.  Mistake,  inadvertence,  surprise, 
or  excusable  neglect. 

Accident,  sickness,  or  death,  as  ground  for 
injunction,  see  Injunction,  §  54. 

^Mistake  as  ground  for  injunction,  see  In- 
junction, §  55. 

Surprise  or  duress  as  ground  for  injunction, 
see  Injunction,  §  56. 

Negligence  as  ground  for  injunction,  see  In- 
junction, §  57. 

Right  of  creditor  to  attack  judgment 
against  debtor  in  favor  of  another  cred- 
itor on  ground  of  accident  or  mistake. 
29    L.R.A. (N.S.)     1190. 

Delay  of  mail  or  train,  or  loss  of  mail,  as 
accident  or  surprise  for  which  judgment 
bv  default  may  be  set  aside.  30  L.R.A. 
(N.S.)    740. 

Lack  of  actual  notice  in  case  of  construct- 
ive service  as  ground  for  relief,  un- 
der a  statute  permitting  opening  of  a 
judgment  for  mistake,  inadvertence, 
surprise,  or  excusable  neglect.  31 
L.R.A,  (X.S.)    1068. 

Mistake  in  name  or  description  of  corpora- 
tion as  affecting  judgment  by  default 
against  it.     L.R.A.1916F,  728. 

Relief  from  default  judgment  because  of 
failure  of  agent  upon  whom  writ  was 
served  to  notify  defendant.  L.R.A. 
1916E,   103. 

Is  neglect  of  counsel  to  be  imputed  to  party, 
under  statute  providing  for  relief  from 
judgment  for  mistake,  inadvertence, 
surprise,  or  excusable  neglect.  27 
L.R.A.(N.S.)   858. 


Begin  with  this  hooTc  on  every  law  question. 


JUDGMENT,  VIII.  b— cont'd 

Reliance  upon  clerk  or  judge  for  informa- 
tion as  to  time  of  trial  or  hearing  as 
ground  of  relief  from  judgment.  L.R.A. 
1917C,  1193. 

Accident  or  mistake  as  ground  for  relief 
from  divorce  decrees.  L.R.A. 1917B, 
459. 

§   95.  Fraud  and   collusion. 

Fraud  as  ground  for  relief  from  judgment 
JUNCIION,  §  52. 

Fraud  as  ground  for  relief  from  judgment 
for  purchase  money.     31  L.R.A.  753. 

Fraud  or  collusion  as  ground  for  relief 
from  judgment  obtained  on  unautlior- 
ized  appearance  by  attorney.  21  L.R.A. 
854. 

Relief  from  judgment  suffered  in  reliance 
upon  a  promise  which  was  not  ob- 
served.    13  L.R.A. (N.S.)   579. 

Concealment  of  evidence  as  ground  for  re- 
lief against  judgment.  26  L.R.A. 
(N.S.)    536. 

Fraud  as  ground  of  attack  upon  a  judg- 
ment entered  upon  stipulation  or  com- 
promise.     45    L.R.A. (N.S.)     1159. 

Fraud  as  defense  justifying  opening  of  de- 
fault judgment.    L.R.A.1916F,  853. 

As  ground  for  relief  from  decree  in  pro- 
ceedings under  the  Torrens  Law.  L.R.A. 
1916D,  50. 

As  ground  of  attack  on  divorce.  L.R.A. 
1917B,  441. 

§   9  6.  Perjury. 

Perjury  as  ground  for  injunction,  see  In- 
junction, §  53. 

Perjury  as  ground  for  relief  against  judg- 
ment.     10    L.R.A.  (N.S.)    216;    23 
L.R.A.(N.S.)       564:       25      L.R.A. 
(N.S.)    574;   L.R.A.1916B,  890. 
Perjury  as  ground  of  attack  upon  a  judg- 
ment entered  upon  !:tipulation  or  com- 
promise.     45    L.R.A. (N.S.)     1159. 
Perjury  as  ground  for  relief  from  divorce 
decree.    L.R.A.1917B,  429. 

§   9  7.  Judgment  by  default. 

Opening  decree  of  divorce  taken  bv  default. 
L.R.A.1917B,  472. 

Delay  of  mail  or  train  or  loss  of  mail,  as 
accident  or  surprise  for  which  judg- 
ment bv  default  mav  be  set  aside.  30 
L.R.A.(N.S.)     740.  ' 

Reliance  upon  receiving  notice  from  oppos- 
ing counsel  as  excuse  for  default.  4 
L.R.A.  (N.S.)   196. 

Mere  forgetfulness  as  ground  for  setting 
aside  default.     43  L.R.A.  (N.S.)    930. 

Mistake  in  name  or  description  of  corpora- 
tion as  affecting  judgment  by  default 
against  it.     L.R.A.1916F,  728*. 

Relief  from  default  judgment  because  of 
failure  of  agent  upon  whom  writ  was 
served  to  notify  defendant.  L.R.A. 
1916E,  103. 


INDEX  TO  L.R.A.  NOTES. 


787 


JUDGMENT  IN  PERSONAM. 

See  Judgment,  §§  9,  10,  23. 


JUDICIAL)  MATTERS. 

Time  in  relation  to,  see  Time,  §  2. 
♦  •» 


JUDICIAL  NOTICE. 

See  Evidence,  II. 

♦-»♦ 

JUDICIAL  POWER. 

Delegation  of,  generally,  see  Constitution- 
al Law,  V. 


JUDICIAL  PROCEEDINGS. 

Bond  given  in,  see  Bonds,  §  8. 

Validity  of  contract  procured  by  tlireats  of, 

see  Contracts,  §  91. 
Privileged   nature   of   report  of,   see   Libel 

AND  Slander,  §§  28-30. 
Mistake  in,  see  Mistake,  §  18. 
On  Sunday,  see  Sunday,  §  3. 

Opinion  gained  from  newspaper  reports  of, 
as  disqualification  of  juror  in  criminal 
case.     35   L.R.A.(N.S.)    1007. 

Necessitv  of,  to  effect  escheat.  15  L.R.A. 
(N.S.)   379. 

Voluntariness  of  payment  of  license  fee 
after  commencement  of.  22  L.R.A. 
(N.S.)    874. 

Voluntariness  of  payment  of  license  fee  un- 
der threats  of.     22   L.R.A. (N.S.)    875. 

Apprehension  or  possibility  of,  as  affecting 
voluntariness  of  pavment  of  license  fee. 
22  L.R.A. (N.S.)   876. 

Uncontradicted  statement  in  presence  of  ac- 
cused in,  as  confession  or  admission. 
25  L.R.A.  (N.S.)  562;  42  L.R.A. (N.S.) 
893. 


JUDICIAL  RECORDS. 

See  Records  and  Recording  Laws,  §§   7, 
8. 


JUDICIAL  SALE. 


III. 
IV. 


I.  In  general,   §   1. 
II.  The  sale  generally,  §§  2-1  a. 
E/fert;  validitfn  deed,  §§  8-10. 
PHrchaHevH  and  their  rights,  duties, 
and  liahilities,  §§   11-16. 
V.  Confinnation;    setting    aside;    col- 
lateral attaclc  on,  §§  17,  18. 
VI.  Redemption.  §   19. 
'Consxdt  also  L.R.A.  Digests  of  Cases. 


UUDICIAL  sale— cont'd 

J.  In  general. 

§    1.  Generally. 

As  to  auctions,  see  Auctions. 

Of  property  in  custody  of  law,  see  Custody 
OF  Law,  §  3. 

Sale  by  personal  representative,  see  Execu- 
tors and  Administrators,  §  59. 

Sale  by  guardian  of  ward's  land,  see  Guard- 
ian and  Ward,  §§  7,  14. 

Sale  of  infant's  lands  generally,  see  In- 
fants, §§  27-29. 

Injunction  against,  see  Injunction,  §§ 
41a-44. 

Sale  on  foreclosure  of  mortgage,  see  Mort- 
gage, §§  77-82. 

Partition  sale,  see  Partition. 

Sale  by  pledgee,  see  Pledge  and  Collat- 
eral Security,  §§  11-14. 

Sale  bv  receiver,  see  RECEavERS,  §  28. 

Sale  for  taxes,  see  Taxes,  §§  72-81  a. 

Measure  of  restitution  where  property  ia 
sold  under  a  judgment  or  order  subse- 
quently reversed  without  intervening 
supersedeas  or  stay.  L.R.A.1917C, 
1179. 

Eflect  of  rule  against  maintenance.  L.R.A. 
1916E,  74. 

Right  of  officer  conducting  judicial  sale  to 
his  fee,  where  property  is  bid  in  by 
person  at  whose  instance  sale  was 
made.     48  L.R.A. (N.S.)    542. 

When  statute  begins  to  run  against  action 
by  private  pergon  based  on  breach  of 
dutv  bv  public  officer  in  connection  with 
judicial  sale.     52  L.R.A.(N.S.)   7f0. 

Personal  liability  of  officer  or  referee  to  sell 
propertv  for  broker's  services.  38 
L.R.A. (N.S.)    777. 

Right  of  foreign  sheriff  to  maintain  action 
in  respect  of  a  sale  made  by  him  while 
in  office.    29  L.R.A.(N.S.)  792. 

Presumption  as  to  time  of  erasure  in  order 
of  sale.     39  L.R.A. (N.S.)    115. 

Federal  courts  following  state  decisions  as 
to  matters  relating  to.  40  L.R.A. 
(N.S.)   436. 

Acceptance  by  debtor  of  surplus  arising 
from  sale  under  a  decree  as  affecting  his 
right  to  appeal  from  the  decree.  L.R.A. 
1918E,  106. 

77.  TJie  sale  generally. 

§   2.  Generally. 

Right  to  withdraw  property  after  it  has 
been  offered.  57  L.R.A.  789;  L.R.A. 
1917A,  74. 

Right  of  officer  conducting  a  sale  to  make 
bids.     20  L.R.A.  503. 

Irregularitv  in.  as  ground  for  injunction 
against  sale.     30  L.R.A.  138. 

Title  of  purchaser  as  affected  by  irregular- 
ities in  notice  of  sale.    21  L.R.A.  42. 

Modification  prior  to  sale  of  terms  or  con- 
ditions imposed  upon  judicial  sale  of 
property.     L.R.A.1915A,  699. 

§   3.  Time. 

First  and  last  days  in  computing  time  for. 
49  L.R.A.  233. 


(88 


INDEX  ID  L.R.A.  NOTES. 


JUDICIAL  SALE,  II.— cont'd 

§   4.  — on  other  than  appointed  date. 

In  general.     38  L.R.A. (N.S.)   248. 

Sale  on  adjourned  or  postponed   date.     38 

L.R.A. (N.S.)    249. 
Loss  of  priority  of  execution  bj'  consent  of 

creditor   to   delay   or    postponement   of 

sale.     27  L.R.A.  374. 
Sufficiency    of    notice    of    postponement    of 

judicial  sale.    L.R.A.1915B,  640. 


§   5.  Phice. 

Place  of.     33  L.R.A.  92. 


§   5a.  Xotice. 

Place  for  posting  notice  of  judicial  or  public 

sale.     L.R.A.1916E,  1143. 
Notice    of    postponement    of    sale.      L.R.A. 

1915B,  640. 


§   6.  Of  what  property. 

Of  property  in  custody  of  law,  see  Cus- 
tody OF  Law,  §  3. 

What  may  be  sold  under  levy  on  partner- 
ship property  for  debt  of  partner.  40 
L.R.A.  485,  499. 

Of  trademark.     1  L.R.A. (N.S.)   717. 

Of  collateral  bonds  and  commercial  paper. 
53  L.R.A.  863. 

Of  land  held  adversely.  35  L.R.A. (N.S.) 
741. 


In 


7.  — corporate  franchise  or  property 
necessary  'for  its 'enjoyment. 


general.  20  L.R.A.  737;  31  L.R.A. 
(N.S.)    636. 

Private  corporations.  20  L.R.A.  737;  31 
L.R.A.(N.S.)    637. 

Quasi-public  corporations.  20  L.R.A.  737; 
31  L.R.A.(N.S.)  637. 

Corporate  property.  20  L.R.A.  737;  31 
L.R.A.(N.S.)    637,  639. 

What  property  is  necessary  to  the  fran- 
chises.    20  L.R.A.  739. 

Equity  sales.  20  L.R.A.  739;  31  L.R.A. 
(N.S.)    638. 

Enjoining  sale.     20  L.R.A.  740. 

Legislative  authority.     20  L.R.A.  740. 

Effect  of  sale.    20  L.R.A.  740. 

Property  not  necessary  to  operation  of 
franchise.     31  L.R.A. (N.S.)    638. 

Right  to  sell  property  separate  from  fran- 
chise.     31   L.R.A.  (N.S.)    642. 

§    7a.  Bids. 

Release  of  purchaser  from,  on  annulling  ju- 
dicial sale.     69  L.R.A.  33. 

Chilling  of,  at  judicial  sale.  42  L.R.A. 
.(N.S.)    1198. 

Contract  for  sale  of  bid  at  judicial  sale  as 
suppression  of  competition.  42  L.R.A. 
(N.S.)    1206. 

Rights  and  remedies  of  one  whose  bid  at 
a  judicial  sale  is  ignored  or  disre- 
garded.     47    L.R.A. (N.S.)     890. 

Pov.er  to  extend  time  for  compliance  with 
bid.     43   L.R.A. (N.S.)    671. 

Begin  with  this  hooTe  on  every  law  question 


JUDICIAL  SALE— cont'd 

///.  Effect;  validity;  deed. 

§   8.  Effect   and  validity. 

Effect  of  fraud  at,  see  Fraud  and  DeceiTj 

§  20. 
Effect  of  judicial  sale  of  insured  property, 

see  Insurance,  §  71. 
Validity  of  tax  sale,  see  Taxes,  §  75. 
Effect  of  tax  sale,  see  Taxes,  §  76. 

Officer's  return  upon  judicial  sale  as  a 
memorandum  satisfying  the  Statute  of 
Frauds.    L.R.A.1917E,  899. 

Effect  of  attachment  and  sale  of  stranger's 
property.    L.R.A.1917B,  400. 

Validity  of,  as  against  persons  not  in  being. 
8  L.R.A.  (N.S.)    72. 

Devestiture  of  estate  of  persons  not  in  be- 
ing by.     42  L.R.A.  (N.S.)   443. 

Effect  of  sale  of  corporate  franchise  or 
property  necessary  for  its  enjoyment. 
20  L.R.A.  740. 

Effect  of  sale  of  lands  under  execution 
against  husband  upon  wife's  right  of 
dower.     18  L.R.A.  78. 

Effect  of  sale  under  execution  of  part  of 
tract  of  land  to  create  easement.  26 
L.R.A. (N.S.)   343. 

Effect  of  purchase  of  real  property  at,  to 
work  an  equitable  conversion  of  a  cor- 
responding part  of  the  purchaser's  ])er- 
sonal  estate  into  realty.  16  L.R.A. 
(N.S.)   859. 

Sale  on  execution  against  one  cotenant  as 
basis  of  adverse  possession  against 
other.     32  L.R.A. (N.S.)    710. 

Effect  of  void  proceedings  under  which  real 
property  is  sold,  to  start  statute  of  lim- 
itations running  in  favor  of  purchaser 
in  possession.     8  L.R.A.  (N.S.)    354. 

As  violation  of  covenant  in  lease  against 
assignment  or  sale.  14  L.R.A. (N.S.) 
1203. 

Remedy  for  mistake  of  law  as  to  effect  of. 
28  L.R.A. (N.S.)   906. 

Effect  of  judicial  sale  of  leased  premises  to 
transfer  reversion.     L.R.A.1915C,  204. 

Purchase  by  vendor  at  sheriff's  sale  of  land 
in  shit  for  instalment  of  purchase  price 
as  bar  to  vendor's  recovery  of  otiier 
unpaid      instalments.  L.R.A.1916C, 

897. 

Sale  under  execution  as  a  transfer  of  prop- 
erty by  the  debtor  within  §  60,  subds. 
a  and  b  of  the  bankruptcy  act.  43 
L.R.A. (N.S.)    427. 

Remedy  of  holder  of  mechanics'  lien,  after 
judicial  sale  of  property  under  a 
prior  or  contemporaneous  lien,  and 
before  distribution  of  fund.  47 
L.R.A.  (N.S.)    706. 


§  9.  — necessity  of  change  of  posses- 
sion as  against  creditors  of  former 
owner. 

Cases  holding  that  change  of  possession  is 
unnecessary.        36      L.R.A.  (N.S.  1 
1019. 
Cases    holding    the    contrary.      36    L.R.A. 
(N.S.)    1021. 


INDEX  TO  L.R.A.  NOTES. 


789 


JUDICIAL  SALE,  III.— cont'd 

§   9a.  —  suppression  of  competition. 

<5€neral  rule.     42  L.R.A.(N.S.)    1198. 

As  to  result  of  express  or  implied  contract. 

42  L.R.A.(N.S.)    1199. 
Conspiracy     to     suppress     competition     as 
ground   for    avoiding   sale.      42   L.R.A. 
(N.S.)    1206. 
Collateral   attack.     42  L.R.A. (N.S.)    1207. 
Effect    of    statements    or    conduct    of    pur- 
chaser  at   sale,   which   had   a   ten- 
dency to  chill  bidding.     42  L.R.A. 
(N.S.)    1207. 
Statements  and  conduct  of  officer  conduct- 
ing  sale  as  ground   for   avoiding  sale. 
42  L.R.A. (N.S.)    1211. 

§    10.  Deed. 

Tax  deed,  see  Taxes,  §  81. 

Substitute    conveyances.      44    L.R.A. (N.S.) 

858. 
Deed    made    bv    deputy    officer    in    his    own 

name.     19  L.R.A,"  179. 
Presumption    as   to    time   of    alteration    in 

sheriff's  deed,  39  L.R.A.  (N.S.)    115. 

IV.  Purchasers  and  their  rights,  dttties, 
and  liabilities. 

§11.  Generally. 

Rights  of  purchaser  at  auction,  see  Auc- 
tion. §  5. 

On  foreclosure,  see  Mortgage,  §§  80-82. 

Rights  of  purchaser  in  partition  suit,  see 
Partition,  §  11. 

Right  of  purchaser  at  sale  of  pledged  prop- 
erty, see  Pledge  and  Collateral  Se- 
curity, §  14. 

Of  purchaser  at  tax  sale,  see  Taxes,  §§  78, 
79. 

Subrogation  of  purchaser,  see  Subrogation, 
§  3. 

Purchase  by  judge  at  judicial  sale.  L.R.A. 
1918C,  157. 

Effect  of  misrepresentation  to  purchasers  by 
sheriff.     18  L.R.A.  88. 

Rights  of  purchaser  at  execution  sale  in 
fraud  of  creditors.    67  L.R.A.  900. 

Right  of  purcnaser  on  execution  to  set 
aside  fraudulent  conveyance.  15  L.R.A. 
784. 

Eights  and  position  of  purchaser  of  part- 
nership   real    estate    under    execution 

/         against  firm.     28  L.R.A.  173. 

Under    execution    against    partner.      28 
L.R.A.    173. 

Position  of  partner  purchasing  partnership 
prop.ertv  at  sheriff's  sale.  28  L.R.A. 
104. 

Priority  of  right  of  purchaser  at  sale  under 
iudgment  over  prior  unrecorded  convey- 
ance.    16  L.R.A,   671. 

Action  bv  purchaser  at  judicial  sale,  to  re- 
move cloud  on  title.  12  L.R.A. (N.S.) 
66. 

Right  of  purchaser  under  judgment  against 
insane  person.     35  L.R.A. (N.S.)    1092. 

Power  of  one  of  several  joint  purchasers  at 
a  judicial  sale  to  bind  the  others.  35 
L.R.A.  (N.S.)   1139. 

Consult  also  L,.R.A.  Digests  of  Cases. 


JUDICIAL  SALE,  IV.— cont'd 

Does  the  fact  that  a  sale  of  part  of  a  tract 
of  land  is  involuntary,  prevent  implica- 
tion of  a  way  bv  necessity  over  tiie 
remainder.     12   l!;R.A.(N.S.')    482. 

Purchase  by  tenant  at  judicial  sale  during 
tenancy.     53  L.R.A.  937. 

Right  of  one  cotenant  to  purchase  the  prop- 
erty in  his  own  right  at  a  sale  under 
an  encumbrance  created  by  one  through 
whom  the  cotenants  derive  title.  19 
L.R.A. (N.S.)    591. 

Validity  of  agreement  to  purchase  property 
at  judicial  sale  for  joint  benefit.  38 
L.R.A.  (N.S.)    719. 

Effect  of  agreement  between  landlord  and 
tenant  for  removal  of  fixtures  by  latter 
on  rights  of  purchaser  at  execution 
sale.     L.R.A.1915E,  829. 

Right  of  dower  in  improvements  made  by 
purchaser  at  judicial  sale.  3  B.  R.  C. 
961. 

Dower  in  land  subject  purchase  money  mort- 
gage sold  on  execution  against  husband. 
52  L.R.A.  (N.S.)    549,  551. 

Right  of  seller  of  chattel  retaining  title  or 
lien  as  against  purchaser  at  judicial 
sale  of  realtv  to  which  it  is  affixed  bv 
owner.     49   L.R.A. (N.S.)    401. 

Mandamus  to  compel  transfer  of  corporate 
stock  purchased  at  judicial  sale.  48 
L.R.A.(N.S.)    854. 

Right  of  one  who  redeems  from  judicial 
sale  as  against  purchaser,  where 
title   fails.      48   L.R.A. (N.S.)    481. 

Allowing  reasonable  time  to  examine  title. 
52  L.R.A. (N.S.)   751. 

Issuance  of  writ  of  assistance  to  put  pur- 
chaser at  execution  sale  in  possession. 
52  L.R.A.  (N.S.)   697. 

Right  of  plaintiff  in  a  suit  in  which  a  de- 
cree of  sale  was  rendered  to  assert,  as 
against  a  p^irchaser  thereunder,  a  title 
or  interest  not  litigated  in  the  suit. 
L.R.A.1917C,  888. 

Right  of  purchaser  at  execution  sale  of 
land  subject  to  mortgage  to  question 
validity  of  mortgage.  L.R.A. 191 7C. 
838. 

§12.  How  far  purchaser  protected  as 
bona  fide  purchaser. 

Who  is  a  bona  fide  purchaser,  21  L.R.A. 
33. 

Records  and  want  of  notice.    21  L.R.A.  33. 

Title  of  purchaser  as  affected  by  irregulari- 
ties.    21  L.R.A.  39. 

Title  £[cquired.     21   L.R.A.  45. 

Compelling  the  purchaser  to  complete  the 
purchase.     21  L.R.A.  45. 

Subrogation.     21  L.R.A.  48;   69  L.R.A.  42. 

Reimbursement.  21  L.R.A,  50;  69  L.R.A. 
39. 

Recourse.     21   L.R.A.   51. 

Reversal.     21   L.R.A.    52, 

§  13.  Relief  of  purchaser  on  annulling 
sale. 

Release  from  bid,     69  L.R.A.  33. 
Release    from    bid   and    reti^rn    of    deposit. 
69    L.R.A.    36, 


'790 


INDEX  TO  L.R.A.  NOTES. 


JUDICIAL  SALE,  IV.— cont'd 
Relief    by    reimbursement    or    subrogation. 
69  L.R.A.  39. 
Reimbursement.     21     L.R.A.     50;      69 

L.R.A.  39. 
Subrogation.     21  L.R.A.  48;  69  L.R.A. 
42. 
Relief   by   action   against  the    debtor.      69 

L.R.A.  55. 
Relief  by  action  against  the  creditor.     69 

L.R.A.  56. 
Relief    by   action    against   the   sheriff.      69 
L.R.A.  58. 

§•14.  Title  acquired. 

Title  acquired  by  purchaser.     21  L.R.A.  45. 

Title  as  affected  by  irregularities.  21 
L.R.A.  39. 

Nature  of  the  title  or  estate  of  the  holder 
of  a  slieriff's  certificate  before  ob- 
taining a  deed.     15  L.R.A.  68. 

Insanity  of  judgment  debtor  as  affecting 
title  of  purchaser.     39  L.R.A.  776. 

Rights  of  seller  of  fixtures  to  retain  title 
thereto  or  lien  thereon  as  against  pur- 
chaser at  judicial  sale.     1  B.  R.  G.  669, 

Quitclaim  deed  from  purchaser  at  a  judi- 
cial sale  as  passing  title  subsequently 
completed.     35  L.R.A.(N.S.)    1190. 

§  15.  Abatement  or  return  of  purchase 
price. 

Reimbursement  of   purchaser   at  void   sale. 

21   L.R.A.  50;  69  L.R.A.  39. 
Injunction   against  judgment  for   purchase 
money   under    court   sales.      31    L.R.A, 
755. 
Right  of  purchaser  of  land  at  judicial  sale 
to  abatement  of  purchase  price  for  de- 
ficiency in  quantity.     28  L.R.A,  (N.S.) 
393. 
Liability   of   execution   creditor   for   return 
of  purchase  price  upon  failure  of 
title  to  property  sold  on  execution. 
36  L.R.A.(N.S.)    1218. 

§    16.  liiability  of  purchaser. 

Officer's  return  upon  judicial  sale  as  a 
memorandum  satisfying  the  Statute  of 
Frauds.     L.R.A.1917E,  899. 

Liability  of  purchaser  of  property  charged 
with  the  payment  of  a  legacA\  30 
L.R.A.(N.S.)    820. 

Right  of  creditor,  to  enforce  promise  of  one 
allowed  to  secure  property  at  judicial 
sale  upon  faith  of  his  promise  to  pav 
owner's    debts.      15    L.R.A. (N.S.)    399. 

Liability  of  undisclosed  principal  of  bidder 
at  judicial  sale  for  purchase  price  or 
for  deficiency  upon  resale  of  property. 
46   L.R.A. (N.S.)    887. 

Right  of  officer  conducting  judicial  sale 
to  his  fee  where  property  is  bid  in 
by  person  at  whose  instance  sale  was 
made.      48    L.R.A. (N.S.)    542. 

Purchaser  of  leasehold  at  judicial  sale  as 
an  assignee  liable  for  rent.  52  L.R.A. 
(N.S.)    988. 

Right  of  purchaser  at  execution  sale  of  land 
subject  to  mortgage  to  question  valid- 
ity of  mortgage.     L.R.A.1917C.  838, 


JUDICIAL  SALE— cont'd 

V.  Confirmation ;  setting  asifle ;  col- 
lateral attacJc  on. 

§    16a.   Confirniation. 

Lapse  of  time  as  bar  to  confirmation.     4? 

L.R.A.  (N.S.)    630. 
Right  of  bidder  at  judicial  sale  to  be  heard 

upon     question     of     its     confirmation. 

L.R.A.1918C,  1179. 

§   17.  Setting  aside. 

Mistaise  as  ground  of  relief  from  purchase. 
;J4   L.R.A.  (N.S.)    927. 

Statements  and  conduct  of  officer  conduct- 
ing sale  as  ground  for.  42  L.R.A. 
(N.S.)    1211. 

For  conspiracy  to  suppress  competition.  42 
L.R.A.  (N.S.)    1206. 

On  ground  tliat  judge  who  ordered  the  sale 
became  the  purchaser  thereat.  L.R.A. 
1918C,  157. 

§    18.  Collateral  attack. 

On  sale  by  guardian  without  giving  bond^ 

33  L.R.A.  763. 
Suppression  of  competition  as  ground  for,. 

42  L.R.A.(N.S.)    1207. 

VI.  Redemption. 

§    19.  Generally. 

From  foreclosure  sale,  see  Mortgage,  §§  85— 

91. 
From  tax  sale,  see  Taxes,  §§  82-85. 

First  and  last  days  in  computing  time  for. 

49  L.R.A.  236. 
Extension  of  time  for  when  last  dav  falls 

on  Sunday.     14  L.R.A.  122. 
Applicability    to     existing     purchasers,     of 
changes  in  law  relating  to  redemption 
from  judicial  sales.     L.R.A.1915C,  414. 
Recovery  of  money  paid  to  redeem  as  made 
under  duress  of  real  property.     L.R.A. 
]915B,  501. 
Right   of    one    who    redeems    from    judicial 
sale   as   against   purchaser   where   title 
fails.      48    L.R.A. (N.S.)    481. 
Liability    of    property    redeemed    by    judg- 
ment debtor  or  his  grantee  to  sat- 
isfy deficiency  on  indebtedness  for 
which   it   was   originally   sold.     47 
L.R.A.  (N.S.)   1048. 


JUNCTIONS. 


Carrier's  liability  for  baggage  at  junctions. 

36  L.R.A,  787. 
Duty   and   liability   of   connecting   carriers 

"^to  passengers  at.     L.R.A.1918F,  433. 


♦  •» 


Begin  tritJi  tliis  hoolc  on  every  law  question. 


JUNIOR. 

Effect   of   use   of   term    in   connection   with 
name.     14  L.R.A.  691. 


INDEX  TO  L.R.A.  NOTES. 


791 


JUNIOR  ENCUMBRANCER. 

As  necessary  party  to  suit  for  foreclosure 
of  senior  mortgage.  36  L.R.A.  (N.S.) 
426. 


JUNIOR  HEN. 


Waiver  by  failure  to  assert  on  foreclosure, 
see  Mortgage,  §  64. 


JUNIOR  MORTGAGE. 

Rights  of  holder  of,  to  foreclose  prior  mort- 
gage, see  Mortgage,  §  67. 

Junior  mortgagee  as  necessary  party  to 
foreclosure  suit,  see  Mortgage,  §  70. 


JUNK. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  111. 

License  of,  see  License,  §  31. 

Municipal  control  over,  see  Municipal  Cor- 
porations, §  48. 

Duty  of  master  to  inspect  junk  to  be  han- 
dled by  employees.  40  L.R.A.(N.S.) 
890. 


JUNICET. 

Expenses  incurred  by  public  officers  or  em- 
ployees in  attending  conventions,  etc., 
as  a  proper  charge  on  public  funds. 
L.R.A.1917E,  332. 


JURISDICTION. 


Acquiring  jurisdiction  by  appearance,  see 
Appearance,  §  4. 

In  admiralty,  see  Admiralty,  §§  2,  3, 

On  appeal,  see  Appeal  and  Error. 

Of  attachment  suit,  see  Attachment,  §  11. 

Of  proceedings  in  bankruptcy,  see  Bank- 
ruptcy, §  8. 

Over  national  bank,  .see  Banks,  §  48. 

Of  highest  court  to  grant  certiorari,  see 
Certiorari,  §  3. 

Of  consul,  see  Consul,  §  2. 

Of  courts,  generally,  see  Courts. 

Of  courts  of  equity,  see  Discovery  and  In- 
spection; Equity;  Injunction;  Spe- 
cific  Performance. 

Ouster  of,  see  Courts,  §  3. 

Effect  of  lack  of,  see  Courts,  §  4. 

Of  divorce  suit,  see  Divorce  and  Separa- 
tion, §§  7-12. 

In  mandamus  proceedings,  see  Mandamus, 
§  37. 

To  annul  marriage,  see  Marriage,  §  17. 

Of  partition  suit,  see^  Partition,  §§  2,  3. 

Consult  (lira  L.n.A.   Df'r/rf'tH  of  Canes. 


JURISDICTION— contM 

In  patent  oases,  see  Patents,  §  5. 

In  quo  warranto  proceedings,  see  Quo  War- 
ranto, §  2. 

To  appoint  administrator,  see  Executor-s 
and  Administrators,  §  4. 

To  appoint  receiver,  see  Receivers,  §  3. 

Of  action  of  trover,  see  Trover,  §  5. 

Over  waters,  see  Waters,  §§  4-7. 

Of  action  to  construe  will,  see  Equity,  §  13. 

Sufficiency  of  service  of  process  to  confer, 
see  Writ  and  Process. 

Necessity  of,  to  protect  judical  officer.  14 
L.R.A.  139. 

Conclusiveness  of  determination  by  judge 
of  question  of.  14  L.R.A.  140;  44 
L.R.A.  (N.S.)    164. 

Of  ecclesiastical  tribunals.     49  L.R.A.  390. 

Impeachment  of  certificate  of  acknowledg- 
ment because  of  lack  of  jurisdiction  of 
officer.     41   L.R.A.  (N.S.)    1175. 

Extraterritorial  effect  of  statute  limiting 
jurisdiction  in  which  action  may  be 
brought.     L.R.A.1916D.   688. 

Right  of  party  who  invoked  jurisdiction  to 
raise  on  appeal  objection  to  lack  of 
jurisdiction.     L.R.A.1916B,  803. 

Motion  attacking,  as  extending  time  to 
plead.     47   L.R.A. (N.S.)    855. 

Of  action  by  carrier  to  recover  difference 
between  rate  charged  shipper  and  prop- 
er rate.     49  L.R.A.(N.S.)  99. 


JURISDICTIONAL!  AMOUNT. 

In  general,  see  Courts,  §§  27-29. 
On  appeal,  see  Appeal  and  Error.  §  6. 
In  injunction  suit,  see  Injunction,  §  81. 
In    justice's    court,    see    Justice    of    the 
Peace,  §  5.  ' 


JURY. 

I.  In  general,  §§   1,  2. 
II.  Bight  to  jury  trial,  §§  3-7. 

III,  Impaneling;       selection;      compel 

tency,   §§   8-14. 

a.  In  general,   §§   8-10. 

h.  Qualiflcatiotis     and     compe- 
tency of  jurors,  §§  11-14:. 

IV.  Number  and  agreement   of  jurors 

necessary  to  verdict,    §15. 

I.  In  general. 

§   1.  Generally. 

Instructions  to,  see  Appeal  and  ERfiOB,  § 
36;  Trial,  §§  60-68. 

Reversal  for  matters  as  to  jury,  see  Appeal 
and  Error,  §  39. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  185. 

Matters  as  to  jury  in  criminal  cases,  see 
Criminal  Law,  §§  36-38. 

Separation  of,  in  criminal  case,  see  Crimi- 
nal Law,  §  37. 


792 


INDEX  TO  L.R.A.  NOTES. 


JURY,  I.— cont'd 

Discharge    of,    see    Criminal    Law,    §    G3; 

Trial,  §  74. 
Right  of   juror   to  act   on   own   knowledge, 

see  EviDEXCE,  §  17. 
Experiments  in  presence  of,  see  Evidence, 

§  158. 
Experiments  by,  see  Evidence,  §  158a. 
View  by,  see  Evidence,  §  159. 
Interference  with,  as  ground  for  new  trial, 

see  New  Trial,  §§  7,  8. 
Riglit  of  juror  to  impeach  his  own  verdict, 

see  New  Trial,  §  13. 
Sickness  of  juror,  see  Sickness,  §  4. 
Questions  for,  see  Trial,  III. 
As   to   deliberation   and   conduct  of   jurors, 

see  Trial,  VII. 
Verdict  of,  see  Trial,  VIII. 
Communication  by  judge  with,  see  Trial,  § 

5, 
Withdrawal  of  juror,  see  Trial,  §  18a. 
As  to  grand  jury,  see  Grand  Jury. 

Libel   or   slander   by  jurors.     L.R.A.1915E, 

1055. 
Libel    or    slander   by    imputing   misconduct 

to  juror.     L.R.A.1915D,  586. 
Employment     of     person     to     watch     jury 

to  guard  against  their  being  tampered 

with.      48    L.R.A.(N.S.)    540. 
Misconduct  toward  juror  as  contempt.     46 

L.R.A.(N.S.)    517;    L.R.A.1916D,   1193. 
Self-executing   constitutional   provisions   as 

to  jury.     16  L.R.A.  283. 
Discrimination  as  to  jurors  as  ground  for 

removal  of  cause.     53  L.R.A.  574. 
Who  may  raise  objection  of  discrimination 

by   statute   relating  to   composition   of 

juries.     32   L.R.A.  (N.S.)    957. 
Right  of  member  of,  to  maintain  action  for 

libel  or   slander  in  relation  to  verdict 

rendered.     23  L.R.A.(N.S.)    728. 
Invalidity  of  matters  relating  to,  as  affect- 
ing perjury.     54  L.R.A.  521. 
Effect  of  fact  that  jury  was  not  sworn  on 

liabilitv  for  perjury.     40  L.R.A. (N.S.) 

252. 
Charging   jury   cm    Sunday.      L.R.A. 1915D, 

361. 

§  2.  County  charge  for  services  or  sup- 
ply to. 

W'hat  services  or  supplies  to  jurors  are 
proper  subjects  of  county  charge.  21 
L.R.A.(N.S.)  200. 

H.  Riglit  to  jury  trial. 

%   3.  Generally. 

In  quo  warranto  proceedings,  see  Quo  War- 
ranto, §  6. 

Compulsory  reference  as  denial  of,  see  Ref- 
erence, §  2. 

Effect  of  admission  of  state  into  the  Union 
upon  provisions  of  ordinance  of  1787 
as  to.     52  L.R.A. (N.S.)   311. 

Is  issue  upon  grounds  of  attachment  for 
court  or  jury.     L.R.A.1918B,  344. 

Hight  to  jury  as  affected  by  compulsory  evi- 
dence against  one's  self.    29  L.R.A.  819. 

JBegin  xi-ith  this  booh,  on  every  laiv  question 


JURY,  II.— cont'd 

lvi<;ht  of  property  owner  to  have  amount  of 
assessment  for  public  improvement 
fixed  by  jury.     GO  L.R.A.  236. 

Iliglit  to  jury  in  proceedings  for  registra- 
tion of  land  titles.  41  L.R.A. (N.S.) 
1044. 

Right  to  jury  to  determine  disputed  quea. 
tions  in  summary  proceedings  to  compel 
attornev  to  surrender  money  or  prop- 
erty.    L.R.A.1918D,  831. 

Right  to  trial  by  jury  in  inquisition  of  in- 
sanity.   L.R.A.1918A,  348. 

Right  to  jury  before  revocation  of  condi- 
tional pardon  or  parole  for  condition 
broken.     L.R.A.1915F,  541. 

§   4.  To  assess  damages  on  default. 

Necessitv  of,  to  compute  damages  on  default 
judgment.  15  L.R.A.  614;  20  L.R.A. 
(N.S.)   I. 

§   5.  In  criminal  prosecutions. 

Question  whether  suit  for  statutoiy  pen- 
alty is  a  civil  or  criminal  prosecution 
as  affecting  right  to  jurv.  27  L.R.A. 
(N.S.)    745. 

Right  of  accused  to  full  panel  from  which 
to  select  jury.     L.R.A. 1916A,  814. 

Right  upon  plea  of  guilty  to  sentence  ac- 
cused without  intervention  of  jurv. 
35  L.R.A. (N.S.)   1146. 

Restraint  on  freedom  of  child  as  depriva- 
tion of  right  to  jury  trial.  18  L.R.A. 
(N.S.)  890. 

Validitv  of  waiver  of  jurv  trial  in  criminal 
action.     11  L.R.A.  (N.S.)    1136. 

Effect  of  statutory  declaration  that  murder 
committed  by  certain  means,  or  while 
engaged  in  commission  of  felony,  sliall 
be  murder  in  the  first  degree,  upon 
right  of  jury  to  pass  upon  degree.  12 
L.R.A.(N.S.)   935;  L.R.A.1916D,  610. 

§   6.  In  equity  case. 

Constitutional  riglit  to  trial  bj^  jury  in 
equitable  cases  on  account  of  demand 
for  damages.     15  L.R.A.  287. 

Effect  on  right  to  trial  by  jury  of  statutes 
enlarging  equitable  jurisdiction  to  re- 
move cloud  on  title.  12  L.R.A. (N.S.) 
67. 

§   6a.  Denial  or  infringement  of  right. 

By  statute  entitling  women  to  serve  as 
jurors.     L.R.A.1918E,  773. 

Denial  of  jury  trial  simply  because  matters 
in  issue  are  complicated.  39 
L.R.A.  (N.S.)    45. 

Preliminary  injunction  which  would  have 
effect  of  transferring  possession  of 
property  from  defendant  to  plaintiff  as 
denial  of  trial  bv  jurv.  39  L.R.A. 
(N.S.)   32. 

Compulsorj'  reference  as  affected  by  consti- 
tutional right  to  jurv.  25  L.R.A.  67; 
13  L.R.A.  (N.S.)  146."^ 

Civil  .service  laws  as  violating  constitution- 
al right  of  trial  bv  jurv.  34  L.R.A. 
(N.S.)  482. 

Constitutionality  of  provision  for  separate 
trial  of  different  issues  in  same  case. 
40  L.R.A.(N.S.)   138. 


INDEX  TO  L.R.A.  NOTES. 


793 


JURY,  II.— cont'd 

Jury  trial  on  appeal  as  satisfying  the  con- 
stitutional right  to  trial  bv  jury.  15 
'L.R.A.  441. 

The  Torrens  Law  as  infringing  the  right  to 
trial  by  jury.     L.R.A. 1016D,  22. 

Statute  mailing  prima  facie  rule  of  evi- 
dence for  criminal  cases  as  denial  of 
right  to  jury  trial.     L.R.A.1915C,  724. 

Workmen's  compensation  act  as  infringing 
right  to  trial  bv  jury.  L.R.A.1916A, 
426;  L.R.A.1917D,  56. 

Granting  new  trial  because  of  excessive  ver- 
dict as  interference  witli  constitutional 
right  to  jury  trial.  51  L.R.A.(N.S.) 
860. 

§    7.  LiOss  or  waiAcr. 

Validity  of  waiver  of  jury  trial  in  criminal 
action.     11  L.R.A.  (N.S.)   1136. 

III.  Impaneling ;  selection;  competency, 
a.  In  general. 

§   8.  Generally. 

Effect    of    failure    to    swear    jury.      L.R.A. 

1917D,  399. 
Irregularities  of,  as  ground  for  new  trial. 

18  L.B..A.  476. 
Impaneling  of  jury  on  proceeding  with  trial 

without  arraigning  defendant  as  plac- 
ing him  in  jeopardy.     27  L.R.A. (N.S.) 

137. 
Power  of  legislature  to  impose  upon  judges 

the   duty  to  assist   in  drawing  jurors. 

23  L.R.A. (N.S.)    1115. 
Summoning   biased    or   otherwise    improper 

jurors  or  talesmen  as  a  contempt.     20 

L.R.A.(N.S.)    1013. 
Constitutional  right  to  serve  as  juror.     14 

L.R.A.  581,  584. 
Mistake   as   to  name   of  juror   in   criminal 

case  as  ground  for  arrest  of  judgment, 

new  trial,  or  reversal.    47  L.R.A.  ( N.S. ) 

714. 
Right  of  accused  in  criminal  case  to  full 
panel   from   which   to   select  jury. 
L.R.A.1916A,   814. 

§   8a.  !Exainiiiation. 

Connection  with  casualty  or  indemnity  com- 
pany as  a  proper  subject  of  in- 
quiry on  voir  dire,  or  as  disqualifi- 
cation of  a  juror  in  an  action 
against  one  insured  or  indemnified 
by  such  company.  L.R.A.1915A, 
153. 

§   9.  Challenges. 

Statute  affecting  challenges  to  the  jury  as 
ex  post  facto.     31  L.R.A. (N.S.)    820. 

Right  of  accused  to  full  panel  when  making 
peremptory  challenges.  L.R.A.1916A, 
828. 

§   10.  Exemption  from  jury  duty. 

Right  conferred  by  statutory  exemption  of 
firemen  from  jury  or  militia  duty.  8 
L.R.A.  (N.S.)    498. 

Exemption  of  consul  from.    45  L.R.A.  587. 

Cot>s^:Jt  also   L.It.A.   Ilif/r:  fs  of  Cafes. 


JURY,  III.— cont'd 

b.  Qualifications  and  competency  of 
jurors. 

§    11.  Generally. 

Disqualification  of  jurors  as  ground  for 
new  trial,  see  New  Trial,  §  9. 

Interest  which  will  disqualify  one  to  serve 
as  commissioner  or  juror  in  eminent 
domain  proceedings.  47  L.R.A. (N.S.) 
•     151. 

Connection  with  casualty  or  indemnity  com- 
pany as  disqualification  of  a  juror  in 
an  action  against  one  insured  or  in- 
demnified by  such  company.  L.R.A. 
1915A,  153. 

Bias  as  ground  for  new  trial.  18  L.R.A.  476. 

Membership  in  a  religious  society  or  de- 
nomination as  a  disqualification  to 
serve  as  juror  in  a  case  involving  ita 
rights.     25  L.R.A.  (N.S.)   992. 

Constitutionality  of  statute  requiring  ju- 
rors to  be  taxpayers.  32  L.R.A.(N.S.) 
414. 

Constitutionality  of  statute  entitling  wom- 
en to  serve  as  jurors.  L.R.A.1918E, 
773. 

Effect  of  discharge  of  jury  on  the  discovery 
of  disqualification  of  one  or  more  of 
their  number  to  sustain  a  plea  of  for- 
mer jeopardy.  14  L.R.A.  (N.S.)  548; 
L.R.A.1916E,  1273. 

Waiver  of  property  qualification  of  juror. 
39   L.R.A.(N.S.)    967. 

§    11a.  Relationship. 

Relationship   of   juror   to   party  as  ground 
for  new  trial.    18  L.R.A.  477;  50  L.R.A. 
(N.S.)   968. 
Relationship  to  private  corporation  or  asso- 
ciation  for    profit   which    will    dis- 
qualify a  juror  in  a  civil  action  in 
•which  it  is  interested.     40  L.R.A. 
(N.S.)   978. 
Relationship  to  private  corporation  or  asso- 
ciation for  profit,  interested  in  a  crim- 
inal  prosecution   which   will  disqualify 
juror.     40  L.R.A. (N.S.)    973. 
Competency  as  juror  of  employee  or  rela- 
tive  of   employee,   of   party   or   person 
interested    in    an   action.      40    L.R.A. 
(N.S.)    982. 

§  12.  Opinions  gained  from  newspa- 
pers as  disqualifying  in  criminal 
case. 

General  rule.     35  L.R.A.(N.S.)    988. 
Statutes.     35  L.R.A. (N.S.)   993. 
Disqualifying     "newspaper     opinions,"     in 

general.     35  L.R.A.(N.S.)   998. 
Newspaper  opinions  which   it  will   require 
evidence    to    remove.      35    L.R.A. 
(N.S.)    1000. 
Opinions    based    on    newspaper    reports    of 
judicial     proceedings.       35     L.R.A. 
(N.S.)    1007. 
Opinions    based    on    newspaper    reports    of 

confessions.     35  L.R.A.(N.S.)    1014. 
Opinions  other  than  as  to  guilt.     35  L.R.A. 

(N.S.)    1014. 
Appellate  review.     35  L.R.A. (N.S.)   1015. 


794 


INDI<:X  TO  L.R.A.  NOTES. 


JURY,  III.  b— cont'd 

§  13.  Personal  knowledge  of  facts  to 
be  proved  as  aflfecting  competency. 

Earlv  law  as  to  knowledge  of  jurors.     63 

L.R.A.  807. 
What  knowledge  will  disqualify.     63  L.R.A. 

808. 

§  14.  Jurors  who  have  served  in  same 
or   similar   case. 

Where  the  issues  and  parties  are  the  same. 
68  L.R.A.  871. 

Where  the  same  question  of  fact  is  involved, 
and  one  of  the  parties  is  the  same  in 
botli  cases.     68  L.R.A.  873. 

V^'here  the  same  question  of  fact  is  involved 
in  both  cases,  and  the  parties  are  differ- 
ent!    68  L.R.A.  875. 

Where  the  transactions  are  connected,  and 
affect  the  same  partj',  but  the  issues 
are  different.     68  L.R.A.  879. 

Where  the  cases  are  similar,  and  the  parties 
are  the  same.     68  L.R.A.  880. 

Where  the  cases  or  facts  are  similar,  and 
the  parties  are  different.  68  L.R.A. 
88]. 

Time  and  manner  of  making  the  objection. 
68  L.R.A.  882. 

Unknown  disqualification  of  juror  who  had 
served  on  former  trial  as  ground  for 
new  trial.     50  L.R.A.  (N.S.)    971. 


IV.  Number   and   agreement   of  jurors 
necessary  to  verdict. 

§    15.  Generally. 

Common-law  doctrine.     43  L.R.A.  34. 
Adoption     of     common-law     doctrine 

L.R.A.   36. 
^Meaning    of   the    terms    "jury"    and 

trial."     43  L.R.A.  48. 
In  criminal  matters.    43  L.R.A.  49. 
In  civil  actions.     43  L.R.A.  53. 
The  power  of  the  legislature.    43  L.R.A, 
The   question    of   consent   and   waiver. 

L.R.A.  59. 
In    criminal    case.      43    L.R.A.    61; 

L.R.A.{N.S.)    38. 
Absent,  sick,  or  unqualified  juror.  43  L.R.A 

69. 
Constitutional     and     statutory    provisions. 

43  L.R.A.  69. 
Showing  of  the  record.     43  L.R.A.  72. 
Distinction   between    courts   of   record   and 

not  of  record.     43  L.R.A.  75. 
Jury  of  more  than  twelve.     43  L.R.A.  75. 
Tlie  question  of  demand  of  jury  of  twelve. 

43  L.R.A.  70. 
Agreement  of  tlie  jury.     43  L.R.A.  77. 
Constitutionality  of  verdict  by  less  than  all 
the  jurors.     24  L.R.A.  272. 


JUSTICE. 

Guaranty  of,  see  Constitutional  Law,   § 

29c. 
Obstructing   of,   see  Obstbucting   Justicic. 


JUSTICE  OF  THE  PEACE. 

§    1.  Generally. 

Competency  of,  as  witnesses.   31  L.R.A.  465. 

Place  at  which  may  act.  33  L.R.A.  90; 
L.R.A.1917E,  361. 

Admissibilitv  of  secondary  evidence  to  iden- 
tify records  of.     2  L.R.A.  (N.S.)   652. 
i  Right   to   hold   otlier   judiciarv   position   at 
same  time.     8  L.R.A. (N.S.)    1107. 

Libel  or  slander  by  imputing  misconduct  to. 
L.R.A.1915D,  581. 

Power  of  legislature  to  add  to  or  vary  the 
constitutional  method  of  selecting. 
L.R.A. 1916E,  850. 

Validity  of  acts  of  de  facto  justice  of  the 
peace.    L.R.A.1918D,  1079. 

Right  of  public  proseoutor  to  have  prelimin- 
ary examination  before  magistrate  dis- 
missed.   L.R.A.1918C,  209. 


43 


jury 


JURY  DUTY. 


56. 
43 

46 


§   2.  Qvialifications. 

Right  of  woman  to  be. 


38  L.R.A.  209. 


§   3.  Powers  of. 

Power  of,  to  punish  for  contempt,  see  Con- 
tempt, §  11. 

Power  of,  to  order  post  mortem  examina- 
tion.    31  L.R.A.  543. 

Power  to  grant  immunity  to  witness. 
L.R.A.1918A,  376. 

Authority  to  admit  to  bail  in  capital  case. 
39  L.R.A.(N.S.)   758. 

§   4.  Liability  of. 

Liability  to  civil  action  for  acts  of  judicial 
nature.     44   L.R.A. (N.S.)    164. 

Personal  liabilitv  for  exceeding  jurisdiction. 
14  L.R.A.  138;  27  L.R.A.  92. 

Liability  for  false  imprisonment,  of  magis- 
trate failing  to  have  prisoner  brought 
before  him.    L.R.A.1917F,  429. 

§   5.  Jurisdictional  amount. 

Voluntarv  credits  to  bring  claim  within  ju- 
risdiction.    28  L.R.A.  221. 

§   6.  Pleading  and  procedure. 

Necessity  of  pleading  the  statute  of  frauds 
in  justice's  court.     49  L.R.A.  (N.S.)   28. 

Practice  before  justice  for  obtaining  of  con- 
tinuance for  illness  of  party.  42 
L.R.A.  (N.S.)    669. 

Number  of  jurors  necessary  to  verdict  in 
justice's  court.     43  L.R.A.  51. 

Consent  and  waiver  as  affecting  number 
and  agreement  of  jurors  necessary  to 
verdict  on  appeal.     43  L.R.A.  09. 


7.  Judgment  of. 

Entry  or  record  of  judgments  of.    28  L.R.A. 
Exemption  from,  see  Jury,  §  10.  638. 

Jtegin  ivith  this  hooTc  on  every  laiv  question. 


INDEX  TO  L.E.A.  NOTES. 


795 


JUSTICE  Of  the  peace— cont'd 

Conviction  by  justice  of  the  peace  which 
lias  been  reversed  or  set  aside  as  prob- 
able cause  whicli  will  defeat  action  for 
malicious  prosecution.  34  L.R.A. 
(N.S.)   958. 

§   8.  Appeal  from. 

Waiver  of  failure  to  serve,  or  defects  in 
service  of,  process,  by  appeal  from  jus- 
tice's court  to  court  where  trial  must 
be  de  novo.     34  L.R.A, (N.S.)    661. 


JUSTIFICATION. 


§    1.  Generally. 

For  assault  and  battery,  see  Assault  and 

Battery,  §§  3-6. 
For  contempt,  see  Contempt,  §  3. 
Of  prison  breach,  see  Escape,  §  2. 
For  homicide,  see  Homicide,  §§  19-30. 
For  libel,  see  Libel  and  Slander,  IV. 

Presumption  and  burden  of  proof  as  to 
justification  in  a  civil  action  for  in- 
tentional killing  of  another.  L.R.A. 
1918A,  359. 

May  entry  on  land  which  would  otherwise 
constitute  a  trespass  be  justified  by 
private  necessity.  20  L.R.A.  (N.S.) 
152. 


JUSTIFICATION— cont'd 

Invitation  or  solicitation  to  violate  injunc- 
tion or  consent  or  acquiescence  there- 
in as  justification  for  so  doing.  9 
L.ll.A.(N.S.)   304. 

Abandonment  of  suit  before  entry  as  affect- 
ing justification  under  writ  in  defense 
of  action  for  false  imprisonment.  4 
L.R.A.(N.S.)    451. 

§   2.  For  discharge  of  servant. 

See  Master  and  Sb^ivant,  §  41. 

§   3,  For  strike. 

System  of  worlc  as  justification  for  strike. 

37  L.R.A. (N.S.)   179. 
Forcing    discharge    of    foreman    or    coem- 

ployee   as   justification   for  strike.     42 

L.R.A.  (N.S.)    1048. 
Controversy   over   "open"  or   "closed"   shop 

as  justification  for  moans  employed  to 

aid     strike.       17     L.R.A.(N.S.)      162; 

L.R.A.1917F,  760. 


JUVENILE   OFFENDERS. 

Tribunal  for;  validity  of  statutes  establish- 
ing.     3    L.R.A.(N.S.)    564;    45   L.R.A. 

(N.S.)  908. 


K 


KEEPER. 


Who    is   keeper   of   dog.      17    L.R.A. (N.S.) 

431;  L.R.A.1917E,  520. 
Certifoation    of   copies   of   records   by,   for 

evidence     in     other    state.       5     L.R.A. 

(N.S.)    955. 


KEEPING   DOWN   DAMAGES. 

See  Damages,  §§  3-11. 


^•» 


KEEPING  TENDER  GOOD. 

See  Tender,  §  7. 

• ♦-•-• ' 

KEG. 

Master's  liability  for  injury  by  defects  in. 
51  L.R.A. (N.S.)    338. 


KEROSENE. 


Keeping   of,   on   insured  premises.     L.R.A. 

1917C,  278. 
Consult  also  L.B.A.  Digests  of  Cases. 


KEY. 


Transfer  of  key  to  receptacle  as  delivery  of 
possession  sustaining  gift  of  contents. 
40  L.R.A. (N.S.)    901. 


^♦» 


KIDNAPPING. 

See  Abduction  and  Kidnapping. 


KILN. 

Landlord's  liability  to  third  person  as  to 
condition  of.   '26  L.R.A.  201. 

Operation  of,  as  nuisance.  2  L.R.A. (N.S.) 
92. 

Municipal  power  over  brick  and  lime  kilns 
as  nuisances.     38  L.R.A.  654. 


KIND. 

Eff'ect   of   sale  with   particular   description 
of  kind.    35  L.R.A. (N.S.)  2ii8. 


796  INDEX  TO  L.R.A.  NOTES. 

KIXDEKGARTEN , 


Power  of  school  authorities  to  adopt  kin- 
dergarten sj'stem.  47  L.R.A.  (N.S.) 
203. 


KIXDRED. 

In  general,  see  Descent  and  Distribution. 
Degrees  of  kinship.     15  L.R.A.  302. 


KISSING. 

Mental  anguish  as  element  of  damages  for 
kissing  woman  against  her  will.  33 
L.R.A.(N.S.)    98. 


KliEPTOMAXIA. 


As  a  defense  to  theft.     18  L.R.A.  229;   43 

L.R.A.(N.S.)   150. 
As  a  defense  to  burglary.    43  L.R.A.  (N.S.) 

160. 


KNIFE. 


As  a  deadly  weapon.     21  L.R.A.  (N.S.)   502. 

As  a  weapon  within  statute  against  carry- 
ing concealed  weapons.  34  L.R.A. 
(N.S.)    1176, 


KNOWLEDGE, 


Of  person  claiming  estoppel,  see  Estoppel,. 

§  7a, 
Of  one  making  untrue  representations,  see 

Fraud  and  Deceit,  §  5. 
Effect   on   servant's   assumption   of   risk   of 

knowledge  of  danger,  see  Master  ani> 

Servant,  §  113. 
See  also  Notice. 

Effect  of  master's  lack  of  knowledge  of 
criminal  offense  bj'  servant  on  master's 
liability  therefor.     43  L.R.A.  (N.S.)   12, 

Effect  of  fiancee's  knowledge  of  conveyance 
of  property  before  marriage.  48  L.R.A. 
(N.S.)    516,   522. 


li  ABELS. 

§    1.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  113. 
Labeling  cf  food,  see  Food,  §  3. 

As  trademarks.     17  L,R.A.  130, 

Police  regulations  as  to  labeling  articles  of 

commerce.      1    L.R.A.(N.S.)     184; 

17    L.R.A,(N.S.)    684;    40    L,R,A. 

(N,S,)   875, 

§   2,  Union  labels. 

Indictment    for    infringement    of,    see    In- 
dictment, etc.,  §  21a. 

Label   or  trademark  of  labor  organization. 

29  L.R.A.  200. 
Law  as  to  union  labels.     39  L.R.A. (N.S.) 

1190. 
Protection  of  trade  union  labels,    29  L.R.A. 

200. 


LABOR. 

See  Work  and  Labor. 

♦♦-♦^ — 


LABORERS. 


§    1.  Generally, 

Rights    of,    under    contractors'    bonds,    see 

Bonds,  §  10. 
Organizations  of,  see  Labor  Organizations. 
Begin  with  this  book  on  every  law  question. 


LABORERS— cont'd 

Lien  of,  see  Liens,  11,  12;  Mechanics'" 
Liens. 

Rights  in  fund  retained  pursuant  to  con- 
tract for  public  work  to  insure  pay- 
ment of  their  claims.  37  L.R.A. (N.S.) 
575. 

Loss  of  time  as  element  of  damages  for 
destruction  or  loss  of  use  of  imple- 
ments or  tools  of.  25  L.R.A.(N.S.) 
625. 

§   2.  Preference  to. 

Constitutionality  of  statutes  giving  priori- 
ty  to   claims   of   certain    laborers.      21 
L.R.A,  797. 
Who   are   laborers,   employees,    or   servants 
within  meaning  of  statutes  giving^ 
them  preferences.     18   L.R.A.   305. 


LABOR  LAWS. 


Criminal   responsibility   of   corporation   for 
violation  of,     2  B"  R,  C,  250, 


LABOR   ORGANIZATION. 

Conspiracy  by,  see  Conspiracy,  §§  4-8. 
Strike    by    members    of,    see    Conspiract, 
§§  6-8. 


I^'DEX  TO  L.R.A.  NOTES. 


797 


LABOE  ORGANIZATIONS— cont'd 
■Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  87. 
Label  of,  see  Labels,  §  2. 
Picketing  by,  see  Picketing. 

Obligation  of  members  of  labor  union  as  to 
political  matters.  5  L.R.A.(N.S.)  891; 
1  B.  R.  C.  90. 

Master's  liability  for  injury  to  servant  as 
affected  by  restriction  upon  his  free- 
dom of  selection  and  superintendence 
of  employees.     3  L.RA.(N.S.)   1105. 

Right  of  action  against  unincorporated  as- 
sociation.    2  L.R.A.(N.S.)   789. 

JManner  of  bringing  suit  against  unincor- 
porated trade  union.     1   B.  R.  C.  852. 

Right  of  labor  union  to  enforce  rules  && 
to  the  minimum  number  of  employees. 
L.RA.1918C,  817. 

Constitutionality  of  statute  forbidding  em- 
ployer to  exact  agreement  from  em- 
ployee not  to  join.  7  L.R.A.  (N.S.) 
282";   L.R.A.1915C,  960. 

Constitutionality  of  statute  restricting  rem- 
edy by  injunction  in  labor  disputes. 
L.R.A.1916F,  836. 

Duty  of  labor  union  to  notify  employer  of 
change  of  wage  scale.  L.R.A.1915E, 
1006. 

Agreements  between  employer  and  trade 
union.     45   L.R.A.(N.S.)    184. 

Validity  of  contract  to  employ  union  labor 
only.      45    L.R.A.(N.S.)    564. 

Eight  of  municipality  or  other  public  body 
to  discriminate  in  favor  of  organized 
labor.  23  L.R.A.(N.S.)  815;  52  L.R.A. 
(N.S.)    728. 

Belief  of  member  of  labor  union  from  un- 
lawful line  or  suspension.  45 
L.R.A.  (N.S.)    353, 


LACHES. 

Estoppel  by,  generally,  see  Estoppel,  §§18- 
26. 

As  bar  to  action,  see  Limitation  of  Ac- 
tions, §§  6-12. 


LiACK  OF  FUNDS. 


As  defense  against  liability  of  township 
for  injury  by  defects  in  highway.  13 
L.R.A.(N.S.)    1269, 


LADDER. 

Master's  liability   for   injury   by,  see  Mas- 
ter Axu  Servant,  §  83, 

Nondelegability  of  duty  to  protect  servant 
from  defects  in.     54  L.R.A.  72. 

Doctrine  of  attractive  nuisance  as  applied 

to.    L.R.A.1915D,,170. 
■  Consult  also  L.R.a!  Digests  of  Cases. 


LAGER  BEER, 

See  Intoxicating  Liquors,  §  30. 


LAKES. 

As  boundary  between  states,  see  Bounda- 
ries, §  2a, 
■Jurisdiction  over,  see  Waters,  §  5. 
In  general,  see  Waters,  §§  81-85. 

Duty  and  obligation  of  vessel  on,  in  respect 
to  sick  or  injured  member  of  crew.  35 
L.R.A.  (N.S.)   199. 

Public  right  of  fishing  in  bays  of  Great 
Lakes.    L.R.A.1918A,  1147. 


LAME   PERSONS, 


Care  due  to,   in   absence  of  contract  rela- 
tion.    69  L.R.A.  532. 


LAMPS. 

Duty  of  bicyclists  to  carry.     47  L.R.A.  295. 


LAND   ASSOCIATION. 

Distribution   of   parcels   of  land   bv   chance 
as    a    lottery.      23    L.R.A. (N.S.)     626; 

27  L.R.A. (N.S.)    827. 


LAND  CONTRACT. 

In  general,  see  Vendor  and  Purchaser,  I. 
Provision    in,   as    to   penalty   or   liquidated 
damages,  see  Damages,  §  40. 


LAND  DEPARTMENT. 

Disposal  of  public  lands  through,  see  Pub- 
lic Lands,  §§  7-19. 

Conclusiveness  of  decisions  of  findings  of, 
L.R.A.1918D,  597. 

• ■*-*-* 


LANDINGS. 

Right  to  use  for  ferry.    59  L.R.A.  535. 
^~*-^ 

LANDLORD  AND  TENANT. 

/.  In  general,  §  1. 
II.  Creation  and  existence  of  relation f 
attornment,  §§  2,  3. 


79S 


INDEX  TO  L.R.A.  NOTES. 


LANDLORD  AND  TENANT— cont'd 
III.  Leases,   §§   4:-3S. 

a.  In  general,  §§  4-14. 

b.  Covenants,  §§  15-22. 

1.  In  general,  §§  13-20a. 

2.  Implied    covenants,     §§ 

21,  22. 

c.  Terms;      reneival;      holding 

over,  §§  23-26. 

d.  Tennination;    forfeiture,    §§ 

27-33. 

e.  Assignment      and      transfer; 

suhletting,  §§  36-3S. 
IV*  Mights,    duties,    and    liahilities    of 

parties,  §§  39-76. 
a.  In  general,   §§  39-41. 
T).  Rights  of  tenant,  §§  42-54. 

1.  In  general,  §  §42-47. 

2.  As  to  fixtures  and  prop- 

erty on  premises,  §§ 
48-54. 

O.  Duty  and  liahility  of  tenant, 
§§   55-57. 

tl.  Duty  and  liahility  of  land- 
lord or  his  agent,  §§ 
58-72. 

1.  In  general,    §   58. 

2.  To     third    persons    gen- 

erally, §§   59-63. 

3.  To  tenant  and  his  fam- 

ily, §§  64-71. 

(a)  In  general,  §§ 
64,    65. 

(h)  Injuries  to  iter  son, 
§§  66-69. 

(c)  Injuries  to,  or  con- 
version of,  prop- 
erty, §§   70,   71. 

4.  To    tenant's    guests    and 

servants  and  persoiis 
expressly  or  impliedly 
invited  on  premises, 
from  defects  in  prem- 
ises, §  72. 

e.  Liability    of    contractor    for 

injuries  to  tenant,  §  73. 

f.  Proper     party     to     maintain 

action   affecting   rights,    §§ 
74-76. 
V.  Rent  or  other  compensation;  lien, 
§§   77-93. 

a.  In  general,  §§  77-87. 

b.  Landlord's  lien,   §§  88-90. 

c.  Distress,   §§   91-93. 

VI.  Recovery   of  possession;   re-entry, 
§§  94,  95. 

VII.  Liahility    for    ejecting    tenant,     § 

96. 

VIII.  Sale  of  leased  property,  §  97. 


I.  In  general. 


§   1.  Generally. 

Contract  for  use  of  leased  premises  in  viola- 
tion of  law,  see  Contracts,  §  70. 

Destruction  of  leased  property,  see  De- 
struction,  §   3. 

Interference  with  easements  of  light,  air, 
and  prospect  on  leased  premises,  see 
Kasesients,  §  21. 

Landlord's  choice  of  remedies,  see  Election 
OF  Remedies,  §  5. 

Begin  with  this  boolc  on  every  law  question. 


LANDLORD  AND  TENANT,  I.— cont'd 
Effect  of  tenant's  acts  on  landlord's  rights 
under  insurance  policy,  see  Insurance, 

§  81. 

Authority  of  agent  authorized  to  lease 
property  to  contract  for  services  of 
other  persons.      L.R.A.1918F,    13. 

Vacancy  during  change  of  tenants  as  viola- 
tion of  vacancy  clause  in  fire  policies 
covering  rented  premises.  L.R.A. 1915B, 
844. 

Possession  of  land  by  tenant  as  notice  of 
title.     13  L.R.A.  (N.S.)   96. 

Vesting  title  to  leasehold  in  lessee's  trus- 
tee in  bankruptcy  as  dependent  upon 
acceptance  by  trustee.  33  L.R.A. (N.S.) 
745. 

Relation  between  the  lessor  and  servants  of 
the  lessee.     37  L.R.A.  65. 

Effect  of  landlord's  knowledge  tiiat  tenant 
intends  to  use  premises  in  violation  of 
law.  19  L.R.A. (N.S.)  662;  39  L.R.A. 
(N.S.)    1104. 

Right  of  water  company  to  refuse  to  deal 
Mith  tenant.     33  L.R.A.  (N.S.)    1015. 

Right  to  shut  off  water  from  whole  build- 
ing because  of  one  tenant's  delinquencv. 
61  L.R.A.  115;  39  L.R.A. (N.S.)  814.  ' 

Tenant's  possession  as  adverse  within  tlie 
rule  against  conveyance  of  land  held 
adversely.     35  L.R.A. (N.S.)    752. 

Right  to  preliminary  injunction  whiclj 
would  have  effect  of  transferring  pos- 
session of  property  from  defendant  to 
plaintiff  in  suit  between  landlord  and 
tenant.     39  L.R.A. (N.S.)    35. 

Effect  of  judgment  in  ejectment  against 
tenant  upon  a  landlord  not  a  part}-,  or 
vice  versa.    26  L.R.A.  (N.S.)  595. 

Interpleader  between  landlord  and  tenant. 
10   L.R.A. (N.S.)    751. 

Removal  for  separable  controversy  of  joint 
action  against.     5  L.R.A. (N.S.)    97. 

//.  Creation  and  existence  of  relation; 
attornment. 

§   2.  Generally. 

Effect  of  stipulation  that  vendee  or  mortga- 
gor shall,  on  default,  become  a  tenant. 
49  L.R.A.  435. 

Effect  of  tax  sale  to  create  relation  of  land- 
lord and  tenant  between  purchaser  and 
prior  lessee.    6  L.R.A.  (N.S.)  260. 

Occupation  of  premises  as  a  servant  and 
as  a  tenant.     4  L.R.A. (N.S.)   698. 

§   3.  Attornment. 

Effect  of  subsequent  attornment  on  convey- 
ance of  land  held  adversely.  35  L.R.A. 
(N.S.)   740. 

Attornment  by  lessee,  to  avoid  eviction,  to 
stranger  entitled  to  immediate  posses- 
sion, as  defense  in  an  action  for  rent. 
18  L.R.A. (N.S.)   396. 

Liability  for  damages  to  landlord  by  in- 
ducing tenant  to  attorn  to  third  per- 
son.   L.R.A.1918D,  393. 


///.  Leases. 
a.  In   general. 

§   4.  Generally. 

Leases  as  affected  by  statute  of  frauds,  see 
Contracts,  §§  42,  58. 


INDEX  TO  L.R.A.  NOTES. 


799 


LANDLORD  AND  TENANT,  III.  a— cont'd 
Lease   of  mines,  see  Mixes,   §§   30,  32,  35- 

38. 
Railroad  leases,  see  Railroads,  §§  6,  7. 

Applicability  of  rule  excluding  parol  evi- 
dence to  vary  a  written  lease  in  favor 
of  or  against  a  stranger  to  the  con- 
tract.    L.R.A.191GA,  595,  OOG. 

Conflict  of  laws  as  to.     L.R.A. 191GA,  1047. 

Antedating  lease  as  affecting  priority  of 
landlord's  lien.     L.R.A.1916F,  450. 

Right  of  agent  to  lease  in  his  own  behalf 
property  which  he  was  under  no  duty 
to  lease  for  his  principal.  47  L.RrA. 
(N.S.)    567. 

Necessity  of  pleading  statute  of  frauds  in 
action  involving  lease.  49  L.R.A. 
(N.S.)    37. 

Agreement  to  comply  with  lease  as  consider- 
ation for  new  promise.    34  L.R.A.  3G. 

Lease  of  public  buildings  for  private  uses. 
33  L.R.A.  318. 

Validitv  of  lease  made  in  violation  of  law. 
12 'L.R.A. (N.S.)   G05. 

First  and  last  days  in  computing  time  on 
contracts  of.    49  L.R.A.  210. 

Alteration  of  lease  after  delivery.  32 
L.R.A.  (N.S.)   289:  L.R.A.1918B,  490. 

Presumption  as  to  time  of  alteration  in 
lease.     39  L.R.A.  (N.S.)    100. 

Liability  for  breach  of  contract  to  lease 
building  Avhen  completed.  35  L.R.A. 
(N.S.)   42G. 

Riglit  of  one  leasing  property  to  another  to 
claim  title  against  the  latter's  vendees 
or  creditors.     25  L.R.A. (N.S.)    779. 

\\  lien  may  lease  be  admitted  to  probate  or 
otherwise  be  given  effect  as  a  will.  41 
L.R.A. (N.S.)    43. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  leases.  40 
L.R.A.(N.S.)   414. 

§   5.  What  is  a  lea.se. 

Distinction  between  a  lease  and  a  license. 
18  L.R.A.  491. 

When  instrument  creating  right  in  minerals 
in  land  is  to  be  regarded  as  a  lease  as 
distinguished  from  a  license.  26  L.R.A. 
(N.S.)    614. 

§   6.  Lease  as  conveyance. 

Lease   of    land   as   conveyance.      11    L.R.A. 

(N.S.)   99. 
Within    statute    requiring    joinder    or 

consent  of  spouse.    39  L.R.A.  (N.S.) 

675. 
Within  meaning  of  recording  statutes. 

24  L.R.A. (N.S.)  879. 

§   7.  Nature  of  leasehold  interest. 

Leaseliold  interest  in  real  estate  as  partner- 
ship's property.     27   L.R.A.  483. 

Leasehold  estate  as  subject  of  levy  under 
execution  or  attachment.  17  L.R.A. 
(N.S.)  841;  29  L.R.A. (N.S.)  886. 

Leasehold  interest  as  subject  of  taxation. 
15  L.R.A.  297. 

Consult  also  L.R.A,  Digests  of  Cases. 


LANDLORD  AND  TENANT,  III.  a— cont'd 

Character  of  estate  created  by  grant,  loase, 

or  devise  of  property  to  person  so  long 

as   he   shall  desire  to  live  upon   it,  or 

devote     it    to    a     particular    use.      21 

L.R.A. (N.S.)    575. 

Nature  of  tenancj'  created  by  entry  under 

lease  void  under  statute  of  frauds. 

42  L.R.A.  (N.S.)    648. 

§   8.  —liability  to  ta-xation. 

Property  leased  bj'  public  as  subject  of 
taxation.  35  L.R.A.  (N.S.)  167;  62 
L.R.A.(N.S.)   991. 

§   9.  Power  to  make. 

Implied  power  of  cashier  of  bank  to  lease 
property.     31  L.R.A. (N.S.)   737. 

Right  of  trustee  to  execute  lease  to  extend 
beyond  termination  of  trust.  13  L.R.A. 
(N.S.)   496. 

Prohibitions  in  grant  of  public  lands  as  in- 
cluding lease.     37  L.R.A. (N.S.)    68G. 

Infants  as  lessees.     47  L.R.A. (i^.S.)   543. 

Power  of  brewing  company  to  lease  prop- 
er tv  to  be  used  by  retailers  of  its 
products.     47  L.R.A. (N.S.)    898. 

Power  of  courts  to  authorize  lease  of  trust 
property  for  a  longer  period  than  was 
contemplated  by  the  creator  of  the 
trust.     48  L.R.A.(N.S.)    1004. 

§    10.  —  partner. 

Power  of  partner  to  make  lease  of  partner- 
ship real  estate.     28  L.R.A.  97. 

Right  of  surviving  partner  to  lease  firm 
real  property.    28  L.R.A.  135. 

§    11.  — municipality. 

Power  of  municipality  to  lease  ferry.  59 
L.R.A.  523. 

Right  of  municipality  to  lease  public  build- 
ing for  private  purposes.  31  L.R.A. 
(N.S.)   580. 

Power  of  municipality  to  lease  space  on 
street  or  sidewalk  for  business  pur- 
poses.    25  L.R.A. (N.S.)    400. 

§   12.  —board. 

Power  of  board  to  make  lease  extending 
beyond  its  own  term.  29  L.R.A. (N.S.) 
655.  « 

§    13.  Eflfect  of  lease. 

Effect   of    lease    on    marketability   of   title. 

38   L.R.A.  (N.S.)    32. 
Lease    of    property    dedicated    for    square, 

park,   or   common   as   a   diversion.      25 

L.R.A. (N.S.)   986. 
Leasing  land  as  waiver  of  purchaser's  right 

to  rescind  contract  for  its  purchase.    30 

L.R.A. (N.S.)   878. 
Effect  of  second  lease  before  expiration   of 

term   of   prior   lease   to   a   third   partv. 

41  L.R.A. (N.S.)    395. 
Effect  at  law  of  entry  under  lease  void  un- 
der  statute  of  frauds.     42   L.R.A. 
(N.S.)    654. 
Damages  for  breach  of  warranty  by  exist- 
ence   of    unexpired    lease.      35    L.R.A. 

(N.S.)   779. 


800 


INDEX  IX)  L.R.A.  NOTES. 


LANDLORD  AND  TENANT,  III.  a— cont'd 
Relief  from  mistake  of  law  as  to  effect  of 
lease.     28  L.R.A.  (N.S.)   801,  82G. 

§14.  Construction. 

What  constitutes  damages  "'by  the  ele- 
ments" within  meaning  of  lease.  53 
L.R.A.  673. 

h.  Covenants. 

1.  In  general. 

§    15.  Generally.  | 

Rights  and  liabilities  of  transferee  of  re- 
version as  to,  see  infra,  §  97. 

In  leasing  of  prisons  and  of  labor  of  con- 
victs therein.     27  L.R.A.  608. 

Landlord's  liability  for  injury  to  tenants 
from  defects  in  premises  under  war- 
ranty of  condition.  34  L.R.A. (N.S.) 
805. 

Reservation  of  right  of  re-entry  as  affecting 
liabilitv  on  covenant  to  pay  taxes.  42 
L.R.A.  («I.S.)    1088. 

Right  of  lessor  to  maintain  an  action  for 
possession  against  his  covenant  not  to 
disturb  lessee's  possession,  when  the 
covenant  is  repugnant  to  the  estate 
granted.     L.R.A.1915D,  467. 

Provision  in  lease  as  to  use  of  property  as 
condition  subsequent  or  special 
limitation.     52  L.R.A. (N.S.)   718. 

Effect  of  express  covenant  to  pay  rent  on 
liabilitv  of  lessee  after  assignment.  52 
L.R.A.(N.S.)   971. 

Covenants  with  respect  to  "theater," 
"drama,"  etc.,  as  including  motion  pic- 
tures.    L.R.A.1918F,  393. 

§  15a.  For  purpose  of  assuring  to 
lessee  exclusive  right  to  conduct 
a  certain  business  on  premises 
owned  by  lessor. 

Restraint  of  trade.     L.R.A.1915C,  855. 
Lessor  transacting  the  prohibited  business. 

L.R.A.1915C,  855. 
Covenant   in   terms   assuring   the   exclusive 

right.     L.R.A.1915C,  856. 
Sale  of  the  reversion.     L.R.A. 19] 5C,  857. 
Illustrations   of   broken   covenants.     L.R.A. 

1915C,  858. 
Breadth  of  the  covenant  not  to  rent  or  let 

for  the  prohibited  purposes,  etc.    L.R.A. 

1915C,  859. 
Actions  by  assignees.     L.R.A. 1915C,  860. 
Persons  liable  .other  than  the  lessor.   L.R.A. 

1915C,  801. 
Provision    against   using   or    leasing    other 

property  for  competing  business.  L.R.A. 

1918E,  "^665. 

§    16.  To  leave  In  good  condition. 

Tenant's  obligation  under  express  covenant 
to  leave  premises  in  good  condition. 
64  L.R.A.  652. 

Liability  of  tenant  for  negligent  destruc- 
tion of  premises  as  affected  by  excep- 
tion in  covenant  for  return  of  premiles 
in   good   condition.     L.R.A.1918A,   369. 


LANDLORD    AND   TENANT,   III.   b,    1— 

cont'd 
Right  of  transferee  of  reversion  to  enforce 

lessee's   covenant   as   to.     L.R.A.1915C, 

220. 

§    17a.  — by  landlord. 

Liability  for  injury  to  tenant's  property 
through  breach  of,  see  infra,  §  71. 

Liabilitv  of  transferee  of  reversion  on  cove- 
nants in  lease.     L.R.A.1915C,  220,  226. 

Construction  of  landlord's  covenant  to  re- 
pair.    34  L.R.A.  826. 

Lessor's  covenant  to  repair  as  obligating 
him  to  rebuild.     3  B.  R.  C.  352. 

Covenant  of  lessor  to  pay  for  repairs  or 
improvements  as  one  running  with  the 
land.     4  L.R.A. (N.S.)   466. 

Landlord's  liability  to  third  person  for  nui- 
sance where  tenant  covenants  to  repair. 
26  L.R.A.  198. 

Liability  of  landlord  who  had  contracted 
to  keep  in  repair  the  leased  premises 
for  personal  injuries  to  guest  or  in- 
vitee   of    tenant.      L.R.A.1916F,    1106. 

Liability  under  express  agreement  to  repair 
for  injury  to  tenants  from  defects  in 
premises.'  L.R.A.1916D,  1227;  L.R.A. 
1918E,  219. 

Landlord's  breach  of  covenant  to  repair  or 
make  improvements  as  defense  to  ac- 
tion for  rent,  or  justification  for 
abandonment.  34  L.R.A.(N.S.)  977, 
984;  L.R.A.1915C,  649. 

Is  destruction  by  decay  rendering  premises 
untenantable,  within  landlord's  cove- 
nant to  repair,  or  statute  relieving  ten- 
ant from  rent,  in  case  of  destruction  by 
act  of  God  or  elements.  21  L.R.A. 
(N.S.)   130. 

§  18.  To  pay  for  improvements  made 
by  tenant. 

Lessor's  covenant  to  pay  for  improvements 
as  one  running  with  the  land.  4  L.R.A. 
(N.S.)    466. 

Right  of  tenant  to  compensation  for  im- 
provements under  covenant  by  landlord 
to  pay  at  expiration  of  term,  where  the 
lease  is  forfeited  for  default  of  tenant. 
24  L.R.A. (N.S.)    1082. 

Right  of  tenant  to  recover  for  improvements 
under  a  landlord's  covenant  to  pay  at 
expiration  of  term,  where  the  tenancy 
is  terminated  by  voluntary  act  of  the 
parties  or  event  not  within  control  of 
either.    24  L.R.A. (N.S.)   1090. 

§  18a.  As  to  payment  of  taxes  or  as- 
sessments. 

Construction    and    effect    of    covenants    in 
lease,    sublease,    or    assignment    of 
lease  as  to  payment  of  taxes  and 
assessments.     L.R.A.1915A,  334. 
Covenant  as  to  payment  of  taxes  and  assess- 
ments  as   one  running  with   the   land. 
L.R.A.1915C,  221. 


§19.  Against  assignment  or  sale. 

What  amounts  to  violation  of.     14  L.R.A. 
(N.S.)   1200. 


§17.  As  to  rejiairs  and  improvements. 

Measure  of  damages  for  tenant's  breach  of 

covenant   to   repair,   in   action   brought  I  Effect  of  covenant  against  assignment  witlr- 
after    expiration    of   term.      16    L.R.A. '  out    consent     on     assignee's     right     to 

(N.S.)    210.  assign,     2   B.   R.   C.   806. 

Begin  with  this  hook  on  every  laiv  question. 


INDEX  TO  L.R,A.  NOTES. 


801 


LANDLORD    AND   TENANT,    III.   b,    1— 

cont'd 
§   2  0.  Against   encumbrances. 

Effect  of  purchaser's  knowledge  of  lease  in 
action  for  breach  of  covenant  against 
encumbrances.      4    L.R.A.  (N.S.)    313. 

Covenant  to  renew  lease  as  one  running 
witli  the  land.     L.R.A.1915C,  219. 

§   20a.  For  rene>val. 

Does  general  provision  that  renewal  shall 
contain  all  the  covenants  of  original 
kase  include  covenant  for  renewal.  14 
L.R.A.  (N.S.)   829. 

Validity  and  effect  of  stipulation  to  renew 
oii  terms  to  be  agreed  upon.  32  L.R.A. 
(N.S.)   201. 

Hight  of  assignee  of  portion  of  leased  prem- 
ises to  enforce  covenant  for  renewal. 
2  B.  R.  C.  830. 

Covenant  to  renew  lease  as  affected  by  con- 
veyance of  property.  41  L.R.A. (N.S.) 
387. 

2.  Implied  covenants. 

%   21.  Generally. 

Leases  as  within  statute  declaring  that 
there  shall  be  no  implied  covenants  in 
conveyances  of  real  property.  44  L.R.A. 
(N.S.)   1110. 

3'^ffect  of  implied  covenant  to  pay  rent  on 
liability  of  lessor  after  assignment  of 
lease.     52  L.R.A. (N.S.)   970. 

Implied  obligation  of  tenant  to  leave  prem- 
ises in  good  condition.     64  L.R.A.  649. 

As  to  landlord  keeping  premises  safe.  34 
L.R.A.  825. 

Liability  of  landlord  under  implied  cove- 
nant for  quiet  enjoyment  for  damages 
to  tenants  in  consequence  of  acts  of 
third  persons  affecting  the  leased  prem- 
ises.    42  L.R.A. (N.S.)   775. 

§  22.  As  to  fitness  of  premises  for  pur- 
poses intended. 

Premises  other  than  furnished  houses  or 
apartments.     33  L.R.A.  449. 

Furnished  houses  or  apartments.  33  L.R.A. 
455. 

c.  Terms;  renewal;  holding  over. 

§   23.  Terms. 

Effect  of  covenant  for  lease,  the  term  of 
which  is  not  specified.     5  B.  R    C.  867. 

Character  of  tenancy  created  by  a  letting 
until  the  happening  of  a  specified  event. 
34  L.R.A. (N.S.)    1069. 

Effect  of  provision  that  term  of  lease  shall 
commence  in  futiiro.  15  L.R.A. (N.S.) 
1078. 

Duration  of  tenancy  as  affecting  rights  of 
tenants  where  property  is  taken  by  emi- 
nent domain.     21  L.R.A.  222. 

§  24.  — where  tenant  holds  over. 

Does  each  liolding  over  by  a  tenant  after 
expiration  of  a  term  for  years  con- 
stitute a  new  and  separate  term, 
distinct  from  that  which  preceded 
or  followed.     25  L.R.A. (N.S.)   847, 

Consult  also  L.R.A.  Digests  of  Cases. 


LANDLORD  AND  TENANT,  III.  c— cont'd 

Rent  period   as   the   criterion   of   the   term 

implied  by  holding  over  after  the 

expiration   of   a    lease   for   a   fixed 

term.     25  L.R.A. (N.S.)    855. 

§   25.  Renewal. 

Covenant  for,  see  supra,  §  20a. 

Right  of  assignor  of  lease  as  against  the 
assignee  to  the  renewal  of  the  lease 
upon  the  expiration  of  the  term. 
L.R.A.  191 8C,  1051. 

Renewal  of  lease  to  partnership.  27  L.R.A. 
483. 

Power  of  partner  to  renew  lease  of  partner- 
ship real  estate.     28  L.R.A.  97. 

Right  of  partner  to  take  renewal  of  lease 
in  his  own  name  and  exclude  copartner. 
32  L.R.A. (N.S.)   869. 

Effect  of  renewing  tenancy  without  reserv- 
ing right  to  remove  fixtures.  1  L.R.A. 
■  (N.S.)  1192;  17  L.R.A.(N.S.)  1135;  48 
L.R.A.(N.S.)  294. 

Holding  over  after  expiration  of  lease  with 
option  for  renewal  without  fjrmally 
exercising  option.  29  L.R.A.  (N.S.) 
175;  L.R.A.1916E,  1232. 

Equitable  relief  against  forfeiture  of  estate 
for  nonrenewal  of  lease.  69  L.R.A. 
846. 

Renewal  of  lease  under  option  as  extending 
performance  of  the  contract.  41  L.R.A. 
(N.S.)    423-425. 

Necessity  of  executing  new  lease  upon  exer- 
cising option  for  additional  term. 
L.R.A.1916E,  1237. 

§   26.  Holding  over. 

Term  created  by  holding  over,  see  supra, 
§  24. 

Presumption    as   to    adverse   possession    by 

tenant  holding  over.     53  L.R.A.  949. 
Duty  of  tenant  holding  over  to  leave  prem- 
ises in  good  condition.     64  L.R.A.  661. 
Compensation  in  case  of  holding  over  under 
lease   invalid  under  statute   of   frauds. 
25  L.R.A.  802. 
Liability    of    cotenant   holding   over   to   ac- 
count for  use  and  occupation  or  rents 
and    profits.      29    L.R.A. (N.S.)     228; 
L.R.A.1918B,  607. 
Holding  over  after  expiration  of  lease,  with 
option    for    extension    or    renewal, 
without     formally     exercising    op- 
tion.   29  L.R.A.(N.S.)  174;  L.R.A. 
1916E,  1232. 
Effect  of  holding  over  pending  unsuccessful 
negotiations  for  a  new  lease.    40  L.R.A. 
(N.S.)   498. 
Holding  over  after  original  term  by  one  who 
has   attained  majority  to  ratify  lease 
made    when    under    age.    •  47     L.R.A. 
(N.S.)   548. 
Effect  of  holding  over  after  notice  of  in- 
tention to  quit.    L.R.A.1915A,  235. 
Tenant  holding  part  only  of  premises  after 
expiration  of  term.     L.R.A.1918C,  120. 
51 


802 


INDEX  TO  L.R.A.  NOTES. 


LANDLORD  AND  TENANT,  III— cont'd 
d.  Termination;  forfeiture. 

§   2  7.  Generally. 

Disaffirmance  of  lease  by  infant,  see  In- 
fants, §  21. 

Covenant  in  lease  as  to  right  to  terminate 
tenancy  as  one  running  with  the  land. 
L.R.A.1915C,  221,  226. 

Construction  of  provision  in  lease  as  to 
termination  of  leasehold  in  case  of  sale 
of  premises.     L.R.A.1915C,  234. 

First  and  last  days  in  computing  time.  49 
L.R.A.  210. 

Effect  of  transfer  of  reversion  to  terminate 
lease.     L.R.A.1915C,   190. 

Effect  upon  lease  of  dissolution  of  lessee 
corporation.     3  B.  E.  C.  627. 

Effect  of  death  of  lessor  or  lessee.  23 
L.R.A.  707;  45  L.R.A.  (N.S.)  350. 

Effect  of  provision  allowing  lessor  to  termi- 
nate tenancy  if  he  desires  to  build.  47 
L.R.A.(N.S.)   949. 

Termination  of  estate  of  uncertain  dura- 
tion as  affecting  right  of  sublessee  to 
remove  trade  fixtures.  46  L.R.A. (N.S.) 
947. 

Tenant's  right  to  recover  for  improvements 
under  landlord's  covenant  to  pay  at  ex- 
piration of  term,  where  tenancy  is  ter- 
minated by  voluntary  act  of  parties  or 
event  not  within  control  of  either.  24 
L.R.A.(N.S.)    1090. 

§  28.  Abandonment  of  premises. 

Remedy  of  landlord  upon  abandonment  of 
premises  by  tenant.  13  L.R.A. (N.S.) 
398, 

Landlord's  liability  for  injury  to  tenants 
from  defects  in  premises  where  former 
abandons  work  or  repairs  before  com- 
pleting same.     34  L.R.A.  (N.S.)   806. 

Landlord's  breach  of  covenant  to  repair  or 
make  improvements  as  justification  of 
abandonment  of  premises.  34  L.R.A. 
(N.S.)    984;  L.R.A.1915C,  649. 

Right  of  tenant  who  has  abandoned  or  va- 
cated premises  to  increased  rent  on  re- 
leasing by  landlord.   L.R,A.1917D,  612. 

§   29.  Surrender. 

Effect  of  surrender  of  original  lease  on 
rights  of  sublessee.  7  L.R.A. (N.S.) 
221. 

Effect  on  liability  of  tenant's  surety  of  sur- 
render of  lease  containing  an  option  to 
purchase.    9  L.R.A. (N.S.)  557. 

Abatement  of  rent  by  surrender  of  premises 
after  destruction  of  leased  building. 
22  L.R.A.  615. 

§   30.  — acceptance. 

Caring  for  and  making  repairs  to  premises 
by  landlord  as   acceptance  of  ten- 
ant's surrender.     35  L.R.A. (N.S.) 
1132. 
Power   of   agent   for   renting   or   collecting 
rents  to  accept  surrender  of  lease.     37 
L.R.A.(N.S.)   93, 


LANDLORD  AND  TENANT,  III.  d— confd 

§   31.  Reletting, 

Reletting  of  premises  by  landlord  on  aban- 
donment bv  tenant.  13  L.R.A. (N.S.) 
398. 

Right  of  tenant  who  has  abandoned  prem- 
ises to  increased  rent  on  reletting  bv 
landlord.     L.R.A.1917D,  612. 

Liability  of  landlord  to  third  person  for 
nuisance  in  case  of  reletting.  26  L.R.A. 
198. 

§   32.  Eviction. 

Effect  of  eviction  on  liability  for  rent,  see 
infra,  §  83. 

Loss  of  profits  as  element  of  damages  for. 
53  L.R.A.  102. 

Measure  of  damages  for  forcing  cropper 
from  premises.     38  L.R.A. (N.S.)   714. 

Riglit  of  landlord  to  render  tenement  unin- 
habitable under  provision  of  lease  re- 
serving right  of  re-entry  for  condition 
broken.     17  L.R.A.  (N.S.)    672. 

Effect  of  tenant's  holding  over  after  ex- 
piration of  term  for  years  on  right  to 
evict.     25   L.R.A. (N.S.)    851. 

Attornment  by  lessee  to  avoid  eviction,  to 
stranger  entitled  to  immediate  posses- 
sion, as  defense  to  action  for  rent.  IS 
L.R.A.  (N.S.)    396. 

§   33.  —what  constitutes. 

Vacating  premises  as  condition  of  construc- 
tive eviction.     L.R.A.1918D,  1177. 

Constructive  eviction  by  character  or  mis- 
conduct of  other  tenants.  L.R.A. 1918D, 
396. 

Eviction  by  interference  with  sublessee. 
L.R.A.1918C,  61. 

Failure  to  furnish  heat.  37  L.R.A. (N.S.) 
1217;  L.R.A.1916E,  742. 

Discontinuance  of  or  interference  with  ele- 
vator service.     21  L.R,A,(N.S.)    38. 

Closing  or  opening  windows  or  other  aper- 
tures in  party  wall  ais  an  eviction.  49 
L.R.A,  (N,S.) '369. 

Admitting  inconsistent  business  into  build- 
ing,    5  L,R,A,(N.S.)   855. 

Discrimination  by  landlord  as  to  persons 
who  shall  use  premises,  as  an  eviction. 
27  L.R.A. (N.S.)    637. 

By  enforcement  by  public  officials  of  re- 
strictions on  the  use  of  the  premises.  2 
L.R.A.  (N.S.)    973. 

Effect  upon  lease  of  property  for  saloon,  of 
passage  of  prohibitory  laws  during  the 
term,  19  L.R.A.  (N.S.)  964;  23  L.R.A. 
(N.S.)  497;  34  L.R.A.  (N.S.)  773  j 
L.R.A.1917C,  935. 

§   34.  Forfeiture. 

Forfeiture  of  oil  and  gas  lease,  see  Mines, 
§  38, 

Equitable  relief  against  forfeiture  for  non- 
payment of  rent.     69  L.R,A,  844. 

Equitable  relief  against  forfeiture  of  estate 
for  nonrenewal  of  lease.  69  L,R,A» 
846. 


Begin  with,  this  hooTe  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


803 


LANDLORD  AND  TENANT,  III.  d— cont'd 

Tenant's  right  to  compensation  for  improve- 
ments under  covenant  by  landlord  to 
pay  at  expiration  of  term,  where  the 
lease  is  forfeited  for  default  of  ten- 
ant.    24  L.R.A.(N.S.)    1082. 

Forfeiture  for  breach  of  covenant  to  pay 
taxes  and  assessments.  L.R.A.1915A, 
.358. 

Right  of  lessor  as  against  receiver  or  as- 
signee for  creditors  of  lessee,  to  de- 
clare forfeiture  for  breach  of  conditions 
or  covenants  prior  to  appointment. 
L.R.A.1915B,  998. 

§   35.  — waiver  of. 

Of  forfeiture  of  oil  and  gas  lease.  31 
L.R.A.  673. 

Delay  of  landlord  in  enforcing  forfeiture  as 
waiver  of  breach.  24  L.R.A.  (N.S.) 
1063. 

Acceptance  of  rent  accruing  after  cause  for 
forfeiture,  with  knowledge  of  such 
cause,  as  waiver  of  forfeiture.  11 
L.R.A.(N.S.)  83L 

Of  right  of  lessor  as  against  receiver  or  as- 
signee for  creditors  of  lessee  to  declare 
forfeiture  for  breach  of  conditions  or 
covenants  prior  to  appointment.  L.R.A. 
1915B,  1000. 


e.  Assignment  and  transfer;  subletting. 

§   3  6.  Assignment  and  transfer. 

What  amounts  to  a  violation  of  covenant 
against,   see  supra,   §   19. 

Liability  for  rent  after  assignment,  see  in- 
fra, §  80. 

EfTect  of  assignment  of  oil  and  gas  lease, 
see  Mines,  §  37. 

Assignment  of  lease.     ]5  L.R.A.  754. 

Duty  of  assignee  of  lessee  to  leave  prem- 
ises  in  good  condition.     64  L.R.A.  662. 

Assignment  to  cotenant  as  breach  of  cove- 
nant not  to  assign  without  license.  2 
13.  R.  C.  816. 

Effect  of  performance  to  take  parol  assign- 
ment of  lease  out  of  statute  of  frauds. 
42  L.R.A. (N.S.)    162. 

Reservation  of  right  of  re-entry  as  affecting 
character  of  instrument  as  assignment 
or  sublease.     42  L.R.A. (N.S.)    1084. 

Effect  of  the  destruction  of  premises  after 
execution  of  an  assignment  of  a  lease- 
hold, but  before  possession  of  premises 
is  given  thereunder.  25  L.R.A. (N.S.) 
609. 

Construction  and  effect  of  covenants  in  as- 
signment of  lease  as  to  payment  of 
taxes  and  assessments.  L.R.A.1915A, 
334. 

Right  of  assignee  to  sue  on  covenant  in 
lease  the  purpose  of  which  is  to  as- 
sure lessee  an  exclusive  right  to  con- 
duct a  certain  business  on  premises 
owned  by  lessor.     L.R.A.1915C,  860. 

Right  of  assignor  of  lease  as  against  the 
assignee  to  the  renewal  of  the  lease 
upon  the  expiration  of  the  term 
L.R.A1918C,  1051. 

Consult  also  L.R.A.  Digests  of  Cases. 


LANDLORD  AND  TENANT,  III.  e,— cont'd 

Enforcement  of  landlord's  consent  to  assign- 
ment of  lease.    25  L.R.A.  (N.S.)   1373. 

Right  of  assignee  of  portion  of  leased  prem- 
ises to  enforce  covenant  for  renewal.  2 
B.  R.   C.  830. 

Assignment  to  cotenant  as  breach  of  cove- 
nant not  to  assign  wi.thout  license.  2 
B.   R.   C.  816. 

Waiver  of  condidtion  in  lease  against  as- 
signment as  waiver  of  condition  as  to 
business  to  be  carried  on.  24  L.R.A. 
(N.S.)    1067. 

Waiver  of  provision  for  consent  to  assign- 
ment of  lease.  36  L.R.A. (N.S.) 
488. 

§   3  7.  — assignee's  right  to  assign. 

Effect  of  proviso  in  lease  against  assign- 
ment without  consent  upon  right  of 
assignee  to  assign.    2  B.  R.  C.  803. 

§   38.  Sublease. 

Liability  for  rent  after  sublease,  see  infra, 
§  80. 

Tenant's  right  to  sublet  premises.  4  L.R.A. 
(N.S.)   707. 

Right  of  tenant  to  lease  wall  of  building 
for  advertising  purposes.  33  L.R.A. 
(N.S.)   587. 

Enforcement  of  landlord's  consent  to  sublet. 
25   L.R.A.(N.S.)    1173. 

Effect  of  surrender  of  original  lease  on 
rights  of  sublessee.  7  L.R.A. (N.S.) 
221. 

Estoppel  of  subtenant  to  question  original 
landlord's  title.     7  L.R.A. (N.S.)   930. 

Reservation  of  right  of  re-entry  as  affect- 
ing character  of  instrument  as  assign- 
ment or  sublease.  42  L.R.A. (N.S.) 
1084. 

Landlord's  liability  for  injury  to  servants 
by  condition  of  premises  in  case  of  a 
sub-lease.     46  L.R.A.  93. 

Termination  of  estate  of  uncertain  dura- 
tion as  affecting  right  of  sublessee  to 
remove  trade  fixtures.  46  L.R.A. (N.S.) 
947. 

Construction  and  effect  of  covenants  in  sub- 
lease as  to  payment  of  taxes  and' as- 
sessments.    L.R.A.1915A,  334. 

Eviction  by  interference  with  sublessee. 
L.R.A.i918C,  61. 

IV.  Rights,    duties,    and    liabilities    of 
parties. 

a.  In  general. 

§39.  Generally. 

Relative  rights  of  landlord  and  tenant  as  to 
improvements,  fixtures,  and  property 
on  leased  premises,  see  infra,  §§  48- 
54. 

Measure  of  damages  to  leasehold  from 
change  of  grade.     L.R.A.1917C,  428. 

Liability  for  damages  to  landlord  by  inter- 
fering with  tenant.     L.R.A.1918D,  393. 

Loss  of  profits  as  elements  of  damages  for 
breach  of  contract.    53  L.R.A.  97. 


804 


INDEX  TO  L.R.A.  NOTES. 


LANDLORD  AND  TENANT,  IV.  a— cont'd 

Duty  of  party  to  lease  to  minimize  damages 
due  to  a  breach  of  contract  by  other 
party  thereto.     L.R.A.1918C,  910. 

Interference  by  owner  of  soil  with  removal 
of  minerals  or  timber  during  term  fixed 
by  lease  or  sale,  as  extending  time  for 
removal.     34  L.R.A.(N.S.)    120. 

Taxation  of  land  under  perpetual  lease  or 
ground  rent.    4G  L.R.A.(N.S.)   284. 

Effect  upon  character  of  sum  agreed  upon 
for  breach  of  agreement  as  penalty  or 
liquidated  damages  of  single  or  mul- 
tiple stipulations  in  contract.  L.R.A. 
1915E,  380,  392. 

Consideration  for  secondary  agreement  be- 
tween landlord  and  tenant  abrogating 
or  altering  prior  contract.  L.R.A. 
1915B,  62. 

Sale  or  mortgage  of  crops  by  landlord. 
L.R.A.1917C,  33. 

§  40.  Mechanics'  lien  for  improve- 
ments. 

Mechanics'  liens  on  buildings  erected  by 
lessees  upon  lessor's  land.  62  L.R.A. 
375. 

Power  of  lessee  to  subject  owner's  interest 
to  mechanics'  lien.  23  L.R.A. (N.S.) 
601;  L.R.A.1917D,  577. 

Mechanics'  lien  on  landlord's  interest  for 
labor  and  materials  furnished  tenant 
for  building  or  improvement  removable 
by  tenant.     6  L.R.A.  (N.S.)   485. 

Agreement  between  landlord  and  tenant  for 
removal  of  fixtures  by  latter  as  affect- 
ing mechanics'  lien.     L.R.A.1915E.  826. 

§   41.  Tax  on  improvements. 

To  whom  improvements  removable  by  ten- 
ant at  expiration  of  term  are  taxable. 
37  L.R.A. (N.S.)    1166. 

Who  is  responsible  for  taxes  on  improve- 
ments removable  by  tenant  at  end  of 
term.     32  L.R.A. (N.S.)    368. 

Z>.  Rights  of  tenant. 

1.  In  general. 

§   42.  Generally. 

Abandonment  of  premises  by,  see  supra, 
§28. 

Rights  of  tenant  as  against  transferee  of 
reversion,  see  infra,  §  97. 

In  eminent  domain  proceedings,  see  Emi- 
nent Domain,  §  37. 

Right  of  lessee  to  dedicate  property.  31 
L.R.A.(N.S.)    1024. 

Insurable  interest  of  tenant  in  leased  prop- 
.     erty.     42  L.R.A. (N.S.)   135. 

Insurance  against  loss  of  profits  by  lessee. 
L.R.A.1917C,  727. 

Rights  of  one  in  possession  under  an  agree- 
ment for  a  lease  which  is  not  execut- 
ed.   20  L.R.A.  33. 

Lessee's  right  to  wharfage  charges  under 
lease.    70  L.R.A.  206. 

Right  of  tenants  to  use  walls  for  advertis- 
ing purposes.  39  L.R.A. (N.S.)  350; 
L.R.A.1915B,  1057. 

Begin  tvith  this  hook  on  every  Uno  question. 


LANDLORD  AND  TENANT,  IV.  b,  1— . 
cont'd 

Rights  of  tenants  under  the  Torrens  Law. 
L.R.A.1916D,  60. 

Right  of  lessee  to  sign  petition  for  public 
improvements.     44  L.R.A. (N.S.)   600. 

Right  of  tenant  to  notice  to  redeem 'from 
tax  sale.     44  L.R.A. (N.S.)   675. 

Right  of  tenants  to  enforce  provision  as  to 
crossing  in  deed  from  lessor  to  railroad 
of  right  of  way.     48  L.R.A.  (N.S.)   387. 

Right  of  a  tenant  for  years  to  recover  from 
a  municipalitv  for  change  of  grade  in 
street.     48  L.R.A. (N.S.)    899. 

May  a  tenant  of  one  close  acquire  an  ease- 
ment in  an  adjoining  close  of  his  land- 
lord against  the  latter  or  another  of 
his  tenants.     4  B.  R.  C.  998. 

§  43.  Tenant's  easements  of  light  and 
air. 

Tenant's  easement  of  light  and  air.  22 
L.R.A.  540;  23  L.R.A.  158. 

Does  lease  carry  right  to  liglit  and  air  on 
adjoining  premises  of  landlord.  13 
L.R.A.(N.S.)   333;  L.R.A.1918B,  475. 

§   44.  Acquisition  of  title  by  tenant. 

Adverse  possession  by  tenant,  see  Advebse 

Possession,  §  6. 
Estoppel    of    tenant    to    dispute    landlord's 

title,  see  Estoppel,  §  36. 

Right  of  tenant  to  acquire  title  not  incon- 
sistent with  landlord's  title  at 
commencement  of  tenancv.  53 
L.R.A.    934. 

Right  of  tenant  to  acquire  tax  title.  L.R.A. 
1916F,  206. 

§   45.  Tenant's  right  to  possession. 

Adverse  possession  by  tenant,  see  Adverse 
Possession,  §  6. 

Right  of  personal  representative  of  lessee  to 
possession  of  leased  premises  under  a 
lease  to  commence  in  futuro.  22  L.R.A. 
(N.S.)    301. 

Implied  duty  of  lessor  to  put  lessee  in  pos- 
session of  leased  premises.  9  L.R.A. 
(N.S.)    1127;  21  L.R.A. (N.S.)   239. 

Lessee's  remedy  to  secure  possession.  L.R.A. 
1918A,  54. 

Acceptance  of  premises  by  lessee  after  con- 
tract time  as  waiver  of  damages  for 
failure  of  lessor  to  put  him  in  posses- 
sion.    9  L.R.A. (N.S.)   1131. 

Right  to  possession  of  rooms  on  destruction 
of  leased  building.     22  L.R.A.   613. 

Tenant's  right  to  building  constructed  in 
place  of  leased  building  which  has  been 
destroyed.     22  L.R.A.  613. 

§   46.  —lessee  of  life  tenant. 

Right  of  lessee  of  life  tenant  to  possession 
and  emblements  upon  death  of  his 
lessor.     11  L.R.A. (N.S.)   688. 

§4  7.  Rights  as  to  entrances. 

Right  of  tenant  to  have  entrances  kept 
open.  4  L.R.A. (N.S.)  565;  30  L.R.A. 
(N.S.)    926. 


INDEX  TO  L.R.A.  NOTES. 


805 


LANDLORD  AND  TENANT,  IV.  b— cont'd 

2.    As    to   fixtures,    'property,    and   im- 
provements on  premises. 

§  48.  Generally. 

Covenants  by  landlord  as  to  improvements, 
see  supra,  §  17a. 

Covenant  to  pay  for  improvements  made  by 
tenant,  see  supra,  §  18, 

Mechanics'  lien  for  improvements,  see  su- 
pra, §  40. 

Tax  on  improvements,  see  supra,  §  41. 

What  are  fixtures  as  between  landlord  and 
tenant,  see  Fixtures,  §  3. 

Privity  of  estate  between  landlord  and  ten- 
ant in  party  wall.     66  L.R.A.  683. 

Effect  of  making  improvements  under  oral 
lease  void  under  statute  of  frauds..  3 
L.R.A.(N.S.)    852. 

Right  of  tenant  to  remove  improvements  as 
affecting  lien  on  the  property  improved. 
41  L.R.A.  (N.S.)    298. 

Rights  and  remedies  of  landlord  and  owner 
of  timber  after  expiration  of  time  stip- 
ulated for  removal  of  same.  29  L.R.A. 
(N.S.)   547. 

Scope  of  provision  that  lessee  shall  leave 
alterations,  improvements,  addi- 
tions, etc.,  on  the  premises.  42 
L.R.A.(N.S.)  546;  L.R.A.1915A, 
654. 

Agreement  in  lease  for  determination  of 
value  of  improvements  by  arbitration. 
47  L.R.A.  (N.S.)  387. 

Right  of  landlord  to  compensation  for  im- 
provements made  by  tenant  who  subse- 
quently condemns  the  land.  L.R.A. 
1916F,  991. 

Mortgage  on  buildings  upon  leased  prem- 
ises.    21  L.R.A.  347. 


§   49.  Fixtures   generally. 

What  are  fixtures,  see  Fixtures,  §  3. 

Tenant's  rights  as  to  removal  of  fixtures. 

64  L.R.A.  662. 
Nonpayment  of  rent  as  affecting  right  to 
remove    trade    fixtures.      L.R.A.1918A, 
835. 
Tenant'*  duty  as  to  fixtures  under  express 
covenants    as    to    leaving    premises    in 
good  condition.     64  L.R.A.  662. 
Right   of   tenant   to    compensation   for    fix- 
tures in  building  taken  under  eminent 
domain  proceedings.     L.R.A.1915D,  494. 
Agreement  between  landlord  and  tenant  for 
removal  of  fixtures  by  latter  as  af- 
fecting     third      persons.        L.R.A. 
1915E,  822. 
Third  person  claiming  a  mechanics'  lien. 
45  L.R.A.(N.S.)  100;  L.R.A.1915E, 
826. 
Termination  of  estate  of  uncertain  duration 
as  affecting  right  of  sublessee  to  remove 
trade  fixtures.    46  L.R.A.(N.S.)  947. 
Consult  also  L.R.A.  Digests  of  Cases. 


LANDLORD    AND    TENANT,   IV.   b,    2— 

cont'd 

Is  the  right,  as  between  landlord  and  ten- 
ant, to  remove  trade  fixtures,  condi- 
tional upon  their  susceptibility  to  re- 
moval without  injury  to  themselves. 
18  L.R.A. (N.S.)   423. 

Right  of  tenant  to  remove  electric  chande- 
liers, etc.     3  L.R.A.(N.S.)   69. 

§  50.  — effect  of  renewing  tenancy 
without  reserving  right  to  remove. 

In  general.  1  L.R.A.(N.S.)  1192;  17 
L.R.A.(N.S.)  1135;  48  L.R.A.(N.S.) 
294. 

New  lease  as  implied  surrender  of  rights 
under  old  tenancy.  1  L.R.A. 
(N.S.)   1193. 

Effect  of  special  covenants  in  new  lease. 
1  L.R.A.  (N.S.)    1199. 

Construction  of  leases  and  agreements,  in- 
tention of  parties.  1  L.R.A.  (N.S.) 
1200. 

Renewal  or  extension  of  old  term.  1 
L.R.A.(N.S.)    1202. 

§  51.  Manure  and   straw. 

Rights  of  landlord  and  tenant  in  respect  to 
manure  on  leased  premises.  31  L.R.A. 
698. 

Right  of  tenant  to  remove  straw  or  ma- 
nure.    18  L.R.A.(N.S.)   572. 

§   52.  Crops. 

Right  of  tenant  to  maintain  replevin  for 
crops.  L.R.A.1917C,  1114. 

Rights  of  mortgagor's  lessee  to  crops  as 
against  purchaser  of  land  on  foreclo- 
sure.   L.R.A.1917C,  45. 

Sale  or  mortgage  of  crops  by  tenant.  23 
L.R.A.  468;  L.R.A.1917C,  33. 

Levy  on  interests  of,  in  crops.  23  L.R.A. 
260. 

Time  allowed  tenant  for  removal  of  crop. 
35   L.R.A.(N.S.)    707. 

Right  of  tenant  at  will  to  crops.  41  L.R.A. 
(N.S.)    404. 

Right  of  tenant  who  maintains  his  posses- 
sion by  means  of  wrongful  injunction 
to  crops  grown  on  the  leasehold.  12 
L.R.A.(N.S.)    194. 

Tenant's  abandonment  of  crop  as  affecting 
rights  and  interests  therein.  46  L.R.A. 
(N.S.)   55. 

§   53.  Accretions. 

Leaseholder's  right  to  accretions  to  shore 
lands.     58  L.R.A.  210. 

§  54.  Right  of  tenant  to  cut  wood  for 
flres  or  fences., 

To  what  extent  timber  may  be  taken.     68 

L.R.A.  641. 
Place  of  use.     68  L.R.A.  645. 
Persons  who  may  use  wood.    68  L.II.A.  647. 
Kind  of  timber.     68  L.R.A.  648. 
Common  of  estovers.     68  L.R.A.  649. 
Injunction  to  prevent  cutting  of  timber  by 
tenant.    43  L.R.A.(N.S.)   267. 


806 


INDEX  TO  L.R.A.  NOTES. 


LANDLROD  AND  TENANT,  IV.— cont'd 
c.  Duty   and   liability   of   tenant. 

§   55.  Generally. 

Tenant's  liability  as  to  rent,  see  infra,  V, 
Imputing   tenant's    negligence   to   landlord, 
see  Negligence,  §  49. 

Liability  of  one  in  possession  under  agree- 
ment for  lease  which  is  not  executed. 
20  L.R.A.  33. 

Liability  of  lessee  for  safety  of  wharf  or 
dock.     61  L.R.A.  953. 

Lessee's  liability  for  removal  of  lateral 
support  to  subjacent  land.  68  L.R.A. 
695. 

Right  of  landlord  held  liable  for  tort  to 
contribution  or  indemnity  from  lessee 
responsible  for  its  commission  or  vice 
versa.     40  L.R.A.  (N.S.)    1148. 

Duty  of  tenant  to  piotect  crops  from  back- 
water.    49  L.R.A. (N.S.)    760. 

Joint  liability  of  landlord  and  tenant  for 
nuisance  maintained  on  property.  46 
L.R.A.  (N.S.)   1189. 

Parts  of  building  used  in  common  by  all 
tenants  as  part  of  works  and  ways  of 
particular  tenant  within  employers'  lia- 
bility act.     44  L.R.A.(N.S.)   1123. 

Duty  of  tenant  to  repair  premises  used  in 
common.     L.R.A.1917C,  389. 

Arson  by  tenant.     L.R.A.1918E,  484. 


§   56.  Waste  by   tenant. 

Infecting  premises  with  contagious  disease 
as  waste.     30  L.R.A. (N.S.)   474. 

§  57.  Tenant's  duty  to  leave  premises 
in  good  condition. 

The  implied  obligation.     64  L.R.A.  649. 
The    obligation    under    express    covenants. 

64  L.R.A.  652. 
Liability  of  tenant  for  negligent  destruction 

of  premises  as  affected  by  exception  in 

covenant  for  return  of  premises  in  good 

condition.     L.R.A.1918A,  369. 
Liability     to     rebuild     on     destruction     of 

leased  building.     22  L.R.A.  615. 

d.  Duty  and  liability  of  landlord  or  Ms 
agent. 

1.  In  general. 

§   58.  Generally. 

Eflfect  of  transfer  of  reversion  on,  see  in- 
fra, §  97. 

Imputing  landlord's  negligence  to  tenant, 
see  Negligence,  §  49. 

Validity  of  statute  or  ordinance  making 
property  or  property  owner  liable  for 
water  or  light  'furnished  tenant.  6 
L.R.A.(N.S.)   198;  L.R.A.1918D,  364. 

Liability  of  agent  of  leased  premises  for  in- 
juries due  to  defects  therein.  L.R.A. 
1917C,  83. 

Effect  of  making  repairs  to  impose  on  land- 
lord implied  duty  to  keep  the  leased 
premises  in  repair.     L.R.A.1917F,  998. 

Begin  with  this  boolc  on  every  law  question. 


LANDLORD    AND    TENANT,    IV.    d,    1— 

§   58a.  Criminal   liability. 

Criminal  responsibility  of  lessor  of  disor- 
derly house.     44  L.R.A.(N,S.)   859. 

Is  landlord's  negligence  in  relation  to 
premises  imputable  to  tenant,  or  vice 
versa,  so  as  to  prevent  a  recovery  from 
a  negligent  third  person,  19  L.R.A. 
(N.S.)    498. 

2.  To  third  persons  generally. 

§59.  Generally. 

Liability  for  injury  to  person  in  street, 
see"  Highways,   §§  85,  86. 

Utilization  of  party  wall  by  lessee  as  af- 
fecting lessor's  duty  to  contribute  to 
cost  thereof.     L.R.A.1917B,  960. 

Landlord's  interference  with  business  rela- 
•  tions  between  tenant  and  third  persons. 
L.R.A.1916B,  815. 

Liability  of  agent  of  leased  premises  for 
injuries  due  to  defects.  L.R.A.1917C, 
83. 

Liability  of  landlord  furnishing  premises 
with  power,  for  injury  resulting  there- 
from.   6  B.  R.  C.  961. 

Liability  of  lessor  for  injuries  to  licensee 
or  trespasser.     L.R.A.1916F,   1132. 

Liability  of  landlord  to  servants  of  tlurd 
person  visiting  premises  on  business. 
46  L.R.A.  93. 

Rights  of  one  who  has  been  prohibited  from 
entering  a  passenger  elevator  but  who 
does  so  for  purpose  of  doing  business 
with  tenant.     14  L.R.A. (N.S.)    350. 

§  59a.  Where  property  is  leased  for 
public  purpose. 

Injury  to  employee,  patron,  or  customer  of 
lessee,  see  infra,  IV.  d,  4. 

Liability  of  lessor  of  property  to  be  used 
for  a  public  purpose,  for  personal 
injuries  to  third  persons.  L.R.A. 
1915B,  364. 
Where  the  defect  was  in  a  portion  of 
the  premises  intended  only  for  pri- 
vate use.    L.R.A.1915B,  387. 

§  60.  For  condition  of  premises  in  pos- 
session  of   tenant. 

Property  leased  for  a  public  purpose,  see 
supra,  §  59a.  , 

Liability  to  tenants'  guests,  servants,  etc., 
see  infra,  IV.  d,  4. 

Liability   of   landlord   to   third   person   not 
in   privity  with   tenant   for  condi- 
tion  of   premises  in   possession   of 
tenant.     50   L.R.A.  (N.S.)    286. 
Liability  of  landlord  for  injuries  to  third 
persons  caused  by  coal  holes,  areaways, 
or    other    excavations    under    or    near 
sidewalk.      50   L.R.A. (N.S.)    305. 
Liability  of   landlord  to  third  persons  for 
snow  and  ice  or  obstructions  upon 
the     sidewalk.       50     L.R.A.  (N.S.) 
300. 


INDEX  TO  L.R.A.  NOTES. 


807 


LANDLORD  AND  TENANT,  IV.  d,  2— 
cont'd 

Liability  of  landlord  to  third  persons  for 
injuries  or  damages  by  things  falling 
because  of  condition  of  leased  premises. 
50    L.R.A.{N.S.)    312. 

Liability  for  safety  of  wharf  or  dock  as  be- 
tween owner  and  lessee.  61  L.R.A. 
952. 

§  61.  For  acts  of  tenant  or  his  serv- 
ants. 

Liability  of  ferryman  for  acts  of  lessee, 
etc.*^    68  L.R.A.  160. 

Liability  of  lessor  of  railroad  for  injuries 
caused  bv  negligence  of  lessee  compa- 
ny.    44  L.R.A.  737;  L.R.A.1918E,  255. 

Responsibility  of  grantee  of  public  fran- 
chises for  acts  of  servant  of  lessee  in 
possession  under  authorized  contract. 
37  L.R.A.  83. 

Knowledge  necessary  to  charge  owner  with 
conduct  of  tenants  or  others  in  selling 
intoxicating  liquor  on  premises  in  vio- 
lation of  injunction.  25  L.R.A.  (N.S.) 
602. 

§   62.  For  nuisance. 

General  rule  as  to  landlord's  liability  to 
third  person  for  nuisance.  50  L.R.A. 
(N.S.)   288. 

Particular  conditions  within  principles  gov- 
erning landlord's  liability  to  third  per- 
son for  nuisance.    50  L.R.A. (N.S*.)  296. 

Landlord's  liability  to  third  person  for  nui- 
sance where  tenant  covenants  to  repair. 
26  L.R.A.  198. 

Coal  hole,  areaway,  or  other  excavation  un- 
der or  near  sidewalk  as  nuisance  per 
se.     50  L.R.A. (N.S.)  310. 

Joint  liability  of  landlord  and  tenant  for 
nuisance  maintained  on  property.  46 
L.R.A.  (N.S.)   1189. 

Holding  over  by  tenant  after  expiration  of 
term  for  years  as  affecting  liability  for 
luiisances  and  defects  on  leased  prem- 
ises.    25   L.R.A.(N.S.)    849. 

§   63.  For  injury  to  property. 

Liability  of  lessor  for  removal  of  lateral 
support  to  subjacent  land.  68  L.R.A. 
695. 

Landlord's  liability  for  injury  to  adjoining 
property  from  cause  arising  during 
tenancy.     5  L.R.A. (N.S.)   316. 

3.  To    tenant   and   his   family, 

(a)   In  general. 

§   64.  Generally. 

Liability    for    ejecting    tenant,    see    infra, 

§   96. 
Proximate   cause  of   injury  to  tenant,  see 

Proximate  Cause,  §  17. 
Duty    and    liability    as    to    stairway,    see 

Stairway,  §  3. 

Liability  of  landlord  for  damages  to  ten- 
ant in  consequence  of  acts  of  third 
persons  affecting  the  leased  prop- 
erty. 42  L.R.A.(N.S.)  774. 

Consult  also  L.R.A.  Digests  of  Cases. 


LANDLORD  AND  TENANT,  IV.  d,  3    (a) 

— cont'd 

Duty  of  lessor  to  reimburse  lessee  for 
amount  which  latter  contributes  to 
cost  of  party  wall.  24  L.R.A. (N.S.) 
293. 

Duty  and  liability  of  landlord  of  apart- 
ments as  to  heating.  37  L.R.A. (N.S.) 
1213. 

Liability  of  landlord  on  destruction  of 
leased  building.     22  L.R.A.  616. 

§   65.  As  to  repairs. 

Landlord's  covenant  as  to  repairs  and  im- 
provements, see  supra.   §   17a. 

Liability  for  injury  to  tenant,  through  fail- 
ure to  repair,  see  infra,  §  07. 

Liability  for  injury  to  tenant's  property 
through  breach  of  covenant  as  to,  see 
infra,  §  71. 

Duty  to  repair  portion  of  building  remain- 
ing in  landlord's  possession.  14  L.R.A. 
238. 

Duty  of  landlord  to  keep  plumbing  in 
proper  repair  for  tenant's  use.  36 
L.R.A.(N.S.)    907. 

(b)   Injuries  to  person. 

%   66.  Generally. 

Liability  for  injury  to  tenant  through  fail- 
ure to  repair,  see  infra,  §  67. 

Liability  for  injury  to  tenant's  property 
through  breach  of  covenant  as  to,  see 
infra,  §  71. 

Contributory  negligence  of  tenant,  see  Neg- 
ligence, §  35. 

Landlord's  liability  for  work  of  independ- 
ent contractor  which  is  dangerous  to 
tenants.     65  L.R.A.  855. 

§   67.  From  defect  in  premises. 

Liability  of  landlord  for  injury  to  tenants 
from     defects     in     premises.       34 
L.R.A  824;   34  L.R.A.(N.S.)    798; 
48      L.R.A.  (N.S.)       917;       L.R.A. 
1916D,    1224;    L.R.A.1918E,    218. 
Injuries     received    through     landlord's 
breach  of   contract  to  repair.      11 
L.R.A. (N.S.)  504:  34  L.R.A. (N.S.) 
804;   48  L.R.A. (N.S.)   919;   L.R.A. 
1916D,  1227;  L.R.A.1918E,  219. 
Liability  for  injuries  caused  by  lack  or  in- 
sufficiency of  fire  escapes.    L.R.A.1917C, 
1153. 
Liability  of  landlord  to  tenant  for  sickness 
due  to  unsanitary  condition  of  premises. 
L.R.A.1917A,  994. 
Liability    for    injury    from    fall    of    leased 

building.     34  L.R.A.  562. 
Duty  and  liability  of  landlord  as  to  prem- 
ises   upon    which    has    existed    a    con- 
tagious  disease.      6   L.R.A. (N.S.)    977. 
Liability   of   landlord   for   personal    injury 
to    wife    of    lessee.      L.R.A.1916F, 
1152. 
Liability    of    landlord   for   personal    injury 
to  member  of  lessee's  family  other 
than  wife.    L.R.A.1916F,  1159. 


808 


INDEX  TO  L.R.A.  NOTES. 


LANDLORD  AND  TENANT,  IV.  d,  3  (b)  — 
cont'd 

§  68.  For  injuries  from  defects  in  por- 
tions of  building  remaining  in  his 
possession. 

Liability  for  injury  to  tenant  from  defect 
in  portion  of  premises  not  included  in 
lease.  14  L.R.A.  238;  L.R.A.1916D, 
1225. 

Liability  of  landlord  to  tenant  for  sickness 
due  to  unsanitary  condition  of  premises 
to  which  the  lessor  retained  possession. 
L.R.A.1917A,  995. 

§  69.  As  to  part  of  premises  not  con- 
trolled by  tenant. 

Liability  of  landlord  for  injury  to  tenants 
from  defects  in  premises  where  land- 
lord retains  control  of  property.  23 
L.R.A.  155;  48  L.R.A.  (N.S.)  920; 
L.R.A.19i6D,   1226;    L.R.A.1918E,   218. 

Liability  for  injury  in  common  passage- 
way. 23  L.R.A.  155;  3  L.R.A. (N.S.) 
316. 

Duty  of  landlord  to  light  common  hall  or 
stairway.     1  B.  R.  C.  107. 

Private  action  for  violation  of  statutory 
duty  to  light  halls  and  stairways. 
L.R.A.191oE,  545. 

Liability  of  landlord  for  injuries  from  de- 
fective condition  of  foundation,  walls, 
chimneys,  or  roof  of  a  building,  the 
different  floors  of  which  are  let  to  dif- 
ferent  tenants.     4   L.R.A.(N.S.)    1142. 

Liability  of  landlord  for  defect  in  porch 
or  steps  used  in  common  by  differ- 
ent tenants,  or  giving  access  to 
common  hall.     L.R.A.1915B,  98. 


(c) 


Injury  to,  or  conversion 
property. 


of, 


§   7  0.  Generally. 

Liability  of  landlord  for  acts  of  independ- 
ent contractor.  65  L.R.A.  855;  66 
L.R.A.  154. 

Liability  of  landlord  where  tenant's  prop- 
erty is  damaged  through  interference 
with  party  wall  by  adjoining  owner 
under  agreement  with  landlord.  24 
L.R.A. (N.S.)    424. 

Liability  of  landlord  for  injury  done  by  one 
tenant  to  the  goods  of  another  through 
negligence  in  the  maintenance  of  the 
leased  property.    12  L.R.A.(N.S.)   1025. 

Liability  of  landlord  for  loss  of  tenant's 
property  by  fire.     42  L.R.A, (N.S.)   363. 

Liability  of  landlord  to  tenant  for  damage 
by   water.      15   L.R.A. (N.S.)    545; 
L.R.A.1917B,  225. 
For  damage  due  to  faulty  construction. 

L.R.A.1917B,  236. 
For  loss  due  to  bursting  water  pipes. 
L.R.A.1917B,  244. 

Liability  of  landlord  or  his  agent  tor  con- 
version of  tenant's  goods  by  one  put  in 
possession  of  the  premises  before  the 
expiration  of  the  tenancy.  24  L.R.A. 
(N.S.)   226. 

Begin  with  this  book  on  every  law  question. 


LANDLORD  AND  TENANT,  IV.  d,  3  (c) 
— cont'd 

§  71.  Due  to  breach  of  covenant  to  re- 
pair. 

Liability  of  landlord  for  injury  to  tenant's 
property  from  breach  of  his  coven- 
ant   to' repair.      16    L.R.A.(N.S.) 
738. 
Damage  by  water.    L.R.A.1917B,  226, 

4.  To  tenant's  guests  and  servants  and 
persons  expressly  or  impliedly 
invited  on  premises,  from  defects 
in   premises. 

§   72.  Generally. 

Contributory  negligence  of  guests  or  serv- 
ants, see  Negligence,  §  35. 

Liability  of   landlord  for  personal   injuries 
to  persons  in  privity  with  tenant. 
L.R.A.1916F,  1081. 
Liability  of  landlord  for  injury  to  employee 
of   tenant.     34   L.R.A.   609;    46   L.R'.A. 
86;      17     L.R.A.(N.S.)      1161;     L.R.A. 
1916F,  1140. 
Assumption    by   tenant's    employee   of    risk 
of  unsafe  portions  of  building  remain- 
ing in  landlord's  possession.     3  L.R.A. 
(N.S.)    1097. 
Liability   generally   for   injury   to   tenant's 
guest.     34  L.R.A.  609;  17  L.R.A.(N.S.) 
1161. 
Liability  of  landlord  to  guest  or  invitee  of 
lessee  for   injury  caused  by  struc- 
tural defect  in  the  leased  premises. 
L.R.A.1916F,  1100. 
Liability   of   landlord   who   had    contracted 
to  keep  in  repair  the  leased  prem- 
ises for  personal  injuries  to  guest 
or  invitee  of  tenant.     L.R.A. 1916F, 
1106. 
Liability  of  landlord  of  office  building  for 
injury    to    person    calling    on    ten- 
ant    on     business.       L.R.A.1916F, 
1118. 
Liability   of   lessor   of   place  of  amusement 
for     safety     of     patrons.       14     L.R.A. 
(N.S.)    284;    32  L.R.A. (N.S.)    715;   42 
L.R.A. (N.S.)    1073;    L.R.A.1915F,   696. 
Liability   of   lessor   of   premises   leased   for 
business,  public,  or  amusement  pur- 
pose, for  personal  injuries  to  cus- 
tomer    or     patron.       L.R.A. 1916F, 
1123. 
Liability  of  lessor  for  personal  injuries  to 
person  on  the  leased  premises  to  secure 
employment.     L.R.A.1916F,   1136. 
Liability    of    landlord    furnishing   premises 
with  power,  for  injury  resulting  there- 
from.    6  B.  R.  C.  96L 
Defects  in  porch  or  steps  used  in  common 
by   diflferent   tenants    or    giving   access 
to  common  hall.     L.R.A.1915B,  101. 

e.  Liability  of  contractor  for  injuries  to 
tenant. 

§   73.  Generally. 

Liability  of  contractor  to  tenant  for  injury 
caused  by  defects  in  building.  21 
L.R.A.(N.S.)   477. 


INDEX  TO  L.R.A.  NOTES. 


809 


LANDLORD    AND    TENANT,    IV.— cont'd 

/.  Proper  party  to  maintain  action  af- 
fecting rights, 

§    74.  Genera  11  J. 

Which  is  real  party  in  interest  by  whom 
action  must  be  brought.    64  L.K.A.  611. 

§   7  5.  Landlord. 

Right  of  landlord  to  maintain  trespass 
quare  clausum  f regit.  30  L.R.A.  (N.S.) 
248. 

Riglit  of  owner  to  recover  damages  to  prop- 
erty from  nuisance  not  of  a  permanent 
character,  while  in  possession  of  ten- 
ant.   3  L.R.A.(N.S.)   1060. 

§   76.  Tenant, 

Right  of  tenant  to  sue  for  injury  by  dam- 
ming back  water  of  stream.  59  L.R.A. 
899. 

Right  of  tenant  to  maintain  trespass  quare 
clausum  f regit.     30  L.R.A. (N.S.)    265. 

Lessee's  right  to  maintain  suit  to  enjoin 
nuisance.     3  L.R.A. (N.S.)    448. 

V.  Rent  or  other  compensation;  lien, 
a.  In  general, 

%   11.  Generally. 

Effect  of  transfer  of  reversion  on  rights  and 
liabilities  as  to,  see  infra,  §  97. 

Rental  of  areaway,  see  Areaways,  §  2. 

Rent  under  oil  and  gas  lease,  see  Mines, 
§   36. 

Rights  and  liabilities  of  parties  to  mort- 
gage as  to,  see  Mortgage,  §  33. 

Right  to  rents  on  foreclosure,  see  MOBT- 
gage,  §  79a. 

Rentals  charged  by  public  or  public  service 
corporations,  see  Rental. 

Rent  as  a  family  expense  or  necessary  with- 
in statute  rendering  wife  or  her  prop- 
erty liable  therefor.     L.R.A.1917F,  862. 

Right  of  tenant  who  has  abandoned  or  va- 
cated premises  to  increase  rent  on  re- 
leasing by  landlord.    L.R.A.1917D,  612. 

Are  taxes  which  lessee  covenants  to  pay  to 
be  regarded  as  a  part  of  the  rent. 
L.RA.1915A,  355. 

Tax  on  rent  as  within  covenant  in  lease  as 
to  pavmcnt  of  taxes  and  assessments. 
L.R.A'.191,)A,  343. 

Lessee's  liability  for  rent  where  govern- 
mental prohibition  of  residence  of  alien 
enemies  in  specified  areas  renders  his 
occupancy  of  the  demised  premises  il- 
legal.    7  B.  R.  C.  814. 

Right  to  rents  on  lease  of  intestate's  prop- 
erty.    40  L.R.A.  321. 

Liability  for,  of  personal  representative 
carrving  on  business  on  behalf  of  es- 
tate.*   40  L.R.A.(N.S.)   220. 

Adverse  possession  of  tenant  in  case  of 
nondemand  and  nonpayment  of  rent. 
53  L.R.A.  950. 

When  action  for  use  and  occupation  of 
premises  Avill  lie.  14  L.R.A.  156;  26 
L.R.A.    802. 

Consult  also  L.B.A.  Digests  of  Cases. 


LANDLORD  AND  TENANT,  V.  a— cont'd 

Who  is  real  party  in  interest  by  whom  ac- 
tion for,  must  be  brought.  64  L.R.A. 
620. 

Stipulation  that  vendee  or  mortgagor  shall 
on  default  become  a  tenant,  as  affect- 
ing liability  for  rent.     49   L.R.A.  430. 

Effect  on  liability  of  tenant's  surety  of 
surrender  of  lease  containing  option  to 
purchase.     9  L.R.A. (N.S.)    557. 

Equitable  relief  against  forfeiture  for  non- 
payment of  rent.     69  L.R.A.  844. 

Effect  of  taking  of  property  by  eminent 
domain  on  liability  for  rent.  21  L.R.A. 
213,  222. 

Landlord's  breach  of  covenant  to  repair  or 
make  improvements  as  defense  to  ac- 
tion for  rent.  34  L.R.A. (N.S.)  977; 
L.R.A.1915C,  649. 

Right  of  tenant  to  counterclaim  damages 
to  his  property  by  water  in  action  bv 
landlord  for  rent.  L.R.A.1917B,  234, 
246. 

Liability  of  lessee  for  rent  during  part  of 
term  remaining  after  death  of  person 
whom  he  agreed  to  support.  33  L.R.A. 
(N.S.)   347. 

Effect  of  re-entry  by  landlord  after  bank- 
ruptcy of,  or  assignment  for  creditors 
by,  tenant,  upon  latter's  liability  for 
subsequent  rent.     L.R.A.1917A,  208. 

Reservation  of  right  of  re-entry  as  affect- 
ing liability  for  rent.  42  L.R.A.(N.S.) 
1087. 

Right  to  reduction  in  rent  of  farm  because 
part  of  it  is  not  tillable.  36  L.R.A. 
(N.S.)    555. 

Constitutionality  of  statute  providing  for 
imprisonment  for  breach  of  contract  of 
labor  or  rental.     21  L.R.A. (N.S.)    242. 

Effect  of  payment  of  rent  after  tenmina- 
tion  of  landlord's  title  on  tenant's 
right  to  show  that  the  landlord  has 
parted  with  such  title.  38  L.R.A. 
(N.S.)   866. 

Set-off  in  case  of  bankruptcy.  55  L.R.A. 
50,  54,  67. 

Proof  of  claim  based  on  lease  as  fixed  lia- 
bility under  bankruptcy  act.  54 
L.R.A.  374. 

Provability  of  claim  under  covenant  in- 
demnifying against  loss  of  rent,  or  ac- 
celerating future  rent,  in  event  of  de- 
fault.    31  L.R.A. (N.S.)   270. 

Acceptance  of  partial  allowance  by  United 
States  of  claim  for  rent  as  an  accord 
and  satisfaction.     42  L.R.A. (N.S.)   115. 

Effect  of  admission  to  change  burden  of 
proof  and  right  to  open  and  close  in 
action  on  lease.     61  L.R.A.  538. 

Admissibility  of  entries  as  to  receipt  of 
rent  in  books  of  account.  53  L.R.A. 
516. 

Power  of  agent  for  renting  or  collecting 
rent  to  accept  surrender  of  lease.  37 
L.R.A.(N.S.)    93. 

Liability  for  rent  as  affected  by  fact  that 
property  cannot  be  devoted  to  use  in- 
tended without  alteration  to  conform 
to  police  regulations.  39  L.R.A. (N.S.) 
894. 


810 


INDEX  TO  L.R.A.  NOTES. 


LANDLORD  AND  TENANT,  V.  a— cont'd 

Loss  of,  as  damages  for  breach  of  contract 
to  install  elevator  or  other  equipment 
incidental  to  use  of  building.  17 
L.R.A.(N.S.)    1130. 

Setting  off  on  mortgage  foreclosure.  21 
L.R.A.   324. 

Duty  of  cotenant  to  account  for.  28  L.R.A. 
831;  29  L.R.A.(N.S.)  224;  L.R.A. 
1918B,  606. 

Liability  of  purchaser  who  takes  possession 
under  parol  contract  of  sale  in  action 
for  rents  or  for  use  and  occupation 
where  vendor  refuses  to  perform. 
L.R.A.1915E,  405. 

Provisions  in  lease  accelerating  maturity  of 
future  rents  and  giving  lessor  right 
to  take  possession  upon  default  in  pay- 
ment of  rentals  or  upon  insolvency  of 
lessee  as  alternative  or  concurrent. 
L.R.A.1916B,  1101. 

Effect  of  holding  over  after  notice  of  in- 
tention to  quit.     L.R.A.1915A,  235. 

Liability  for  use  of  leased  premises  by  one 
seizing  tenant's  goods  or  chattels. 
43  L.R.A.  (N.S.)  527. 

Liability  of  infant  lessee  for  rent.  47 
L.R.A. (N.S.)  544. 

Infant's  recovery  back  of  rent  paid.  47 
L.R.A.(N.S.)   546. 

Determination  of  the  value  of  the  use  or 
rental  of  property.    44L.R.A.(N.S.)  499. 

Failure  of  consideration  for  bill  or  note 
given  for  future  rent  as  affecting  pur- 
chaser with  knowledge  of  the  character 
of  the  consideration.  46  L.R.A. (N.S.) 
869. 

Provision  in  lease  for  determination  by 
arbitration  or  appraisement  rents  pay- 
able.    47  L.R.A.(N.S.)   387. 

Right  to  retain  rent  paid  in  advance  in 
event  of  termination  of  the  lease.  50 
L.R.A.  (N.S.)    1034. 

Nonpayment  of  rent  as  affecting  right  to 
remove  trade  fixtures.  L.R.A.1918A, 
835. 


§78.  Who  entitled  to  rent. 

Riglit  to  rents  on  lease  of  intestate's  prop- 
erty, see  EXECUTOBS  and  Administba- 
TOBS,  §  15. 

Right  to  rent  as  between  vendor  and  pur- 
chaser, see  Vendob  and  Pubchaseb, 
§  8. 


LANDLORD  AND  TENANT,  V.  a— confd 

Power  of  equity  in  jurisdiction  where  mort- 
gage does  not  convey  the  title,  to  im- 
pound rents  and  profits  of  mortgaged 
property  pending  foreclosure.  7  L.R.A. 
(N.S.)    1001. 

Application  of  rents  received  by  mortgagee 
in  possession.     4  B.  R.  C.  829. 

§  7  9.  What  constitutes  payment  of 
rent. 

Acceptance  of  commercial  paper  as  pay- 
ment of  rent.     35  L.R.A.  (N.S.)   106. 

§  80.  Liability  of  lessee,  sublessee  or 
assignee  of  leasehold  for  rent  aft- 
er assignment  or  sublease. 

In  general.     52  L.R.A.  (N.S.)    969. 
Of  lessee.     52  L.R.A. (N.S.)    969. 
Of  sublessee.     52  L.R.A. (N.S.)   976. 
Of  assignee.     52  L.R.A. (N.S.)    978. 

§  82.  Compensation  when  lease  invalid 
under   statute   of   frauds. 

General  doctrine.     26  L.R.A.  799. 
Tenants  from  year  to  year.     26  L.R.A.  800. 
Use  and  occupation.     26  L.R.A.  .801. 
Holding  over.     26  L.R.A.  802. 
Distress.     26  L.R.A.  802. 

§   83.  Effect  of  eviction  on  liability. 

As  to  what  constitutes  eviction,  see  supra, 
§  33. 

Effect  of  partial  eviction.  17  L.R.A.  275; 
41  L.R.A. (N.S.)    430. 

Eviction  of  tenant  so  as  to  relieve  him 
from  payment  of  rent  by  reason  of  en- 
forcement by  public  officials  of  restric- 
tions on  use  of  premises.  2  L.R.A. 
(N.S.)    973. 

Attornment  by  lessee,  to  avoid  eviction,  to 
stranger  entitled  to  immediate  posses- 
sion, as  defense  in  action  for  rent.  IS 
L.R.A.(N.S.)   396. 

destruction     of 


84.  Liability     after 
leased  building. 

Continuance    of    rent    for    apartments    and 
rooms.     22  L.R.A.   613. 

Continuance     of     rent     for     building.       22 
L.R.A.  613. 

Rent  ceasing  by  terms  of  lease.     22  L.R.A. 
614. 

Abatement   of   rent   bv  surrender   of   prem- 
ises.    22  L.R.A.  615. 
Right  to  rent  from  private  persons  or  cor-  j  Destruction    of   premises   as   affecting   rent 


porations  making  special  or  unusual 
use  of  public  records.  L.R.A.1918E, 
942. 

Right  to  rental  of  real  estate  sold  on  con- 
tract. 35  L.R.A.(N.S.)  1066;  38 
L.R.A.(N.S.)    420. 

Right  as  between  life  tenant  and  remain- 
derman to  rents  from  lease  of  prop- 
erty.    36  L.R.A. (N.S.)    637. 

Apportionment  of  rent  upon  death  of  life 
beneficiary  between  distribution  pe- 
riods.    27  L.R.A. (N.S.)    450. 

Right  to,  after  foreclosure  decree  and  be- 
fore purchaser's  title  is  perfected.  1 
L.R.A.(N.S.)    1079. 

Begin  'with,  this  hooTc  on  every  law  question 


paid  or  pavable  in  advance.  33 
L.R.A.(N.S.')    540. 

Is  destruction  by  decay  rendering  premises 
untenantable  within  statute  relieving 
tenant  from  rent  in  case  of  destruc- 
tion bv  act  of  God  or  elements.  21 
L.R.A. '(N.S.)    130. 

Determination  of  proportional  part  of  rent 
to  be  abated  upon  destruction  of 
premises.     L.R.A.1916F,  277. 

§  85.  Availability  of  exemptions 
against  claim  for  rent. 

Statutory  Ifen  for  rent.     24  L.R.A.  812. 
Waiver  of  exemption.     24  L.R.A.  812. 
Equitable  lien.     24  L.R.A.  812. 


INDEX  TO  L.R.A.  NOTES. 


811 


LANDLORD  AND  TENANT,  V..a^-cont'd 
§  86.  Liability  for  rent  of  premises  oc- 
cupied by  receiver  or  assignee  for 
creditors. 

Liability  of  receiver  or  assignee.    59  L.R.A. 

673. 
Liability  of  lessee.     59  L.R.A.  695. 
Liability   of  third    person.     59   L.R.A.   696. 
Priority  of  claim  for  rent  against  property 

in  bands  of  receiver  over  recorded  liens. 

41  L.R.A.  (N.S.)    700,  710. 

§   8  7.  Guaranty   or   insurance   of  rent. 

Insurance  against  loss  of  rents,  see  Insub- 
A.NCE,    §   218. 

Necessity  of  notice  in  order  to  bind  guar- 
antor of  lessee.     20  L.R.A.  259. 

PoAver  of  corporation  organized  for  the  man- 
ufacture and  sale  of  liquor  to  guarantee 
rent  of  its  customers  or  prospective 
customers.    L.R.A.1918C,  1008. 

b.  Landlord's  lien, 

§   88.  Generally. 

Equitable  lien  for  rent.     24  L.R.A.  812. 

Landlord's  lien  for  rent;  personal  liability 
of  purchaser  of  property  subject  to. 
59  L.R.A.  737. 

EflQcacy  of  chattel  mortgage  on  fixtures  as 
against  landlord.     15  L.R.A.  56. 

Stipulation  tliat  vendee  or  mortgagor  shall 
on  default  become  a  tenant,  as  affect- 
ing right  to  a  lien.     49  L.R.A.  437. 

Injunction  to  protect  lien  of  landlord 
against  execution  sale.     30  L.R.A.  129. 

Failure  of  landlord  to  take  possession  of 
collateral  covered  by  lien  as  release  of 
surety.     37  L.R.A.(N.S.)    709. 

Attempt  to  enforce  lien  under  clause  in  a 
lease  giving  landlord  a  lien  on  crops 
and  chattels  as  election  preventing  its 
enforcement  as  a  chattel  mortgage.  20 
L.R.A.(N.S.)    259. 

Priority  of  claims  for  leases  and  rental 
against  property  in  hands  of  receiver 
over  recorded  liens.  2  L.R.A.  (N.S.) 
1030,   1044,  1060,   10G6. 

Antedating  lease  as  afTecting  priority  of 
landlord's  lien.     L.R.A.1916F,  450. 

Right  to  statutory  lien  on  property  of  third 
person  for  rental  of  personal  property 
to  contractor  for  use  in  work  of  a 
lienable  nature.     16  L.R.A.(N.S.)    585. 

§   89.  Lien   of  cotenant. 

Lien  of  one  cotenant  for  rents  and  profits 
received  by  cotenant.  29  L.R.A. (N.S.) 
236;  L.R.A.1918B,  609. 

§   90.  Waiver  of  lien. 

Waiver  of  landlord's  lien  by  attachment. 
50  L.R.A.  717. 

c.  Distress. 

§  91.  Generally. 

First  and  last  days  in  computing  time  for 
proceedings  to  distrain.    49  L.R.A.  239. 

Necessity  for  change  of  possession  to  up- 
hold, as  against  creditors  of  former 
owner,  sale  of  goods  under  distress  for 
rent.     36  L.R.A. (N.S.)    1021. 

Consult  also  L.B.A.  Digests  of  Cases. 


1  LANDLORD  AND  TENANT,  V.  c— cont'd 

I  Use  of  distress  warrant  to  enforce  payment 

'  of    compensation    for   use    of    property 

other  than  land.     11  L.R.A. (N.S.)  836. 

§   92.  Right  to. 

!  Possession  by  tenant  of  chattels  of  third 
person  as  affecting  the  landlord's  right 
to  distress.     25  L.R.A. (N.S.)    792,  790. 

Where  lease  is  invalid  under  statute  of 
frauds.     26  L.R.A.  802. 

Effect  of  tenant's  holding  over  after  expira- 
tion of  term  for  years  on  right  to  dis- 
train.    25  L.R.A, (N.S.)    851. 

Stipulation  that  vendee  or  mortgagor  shall, 
on  default,  become  q^  tenant  as  aff'ect- 
ing  right  to  maintain  distress  proceed- 
ings.    49  L.R.A.  437. 

§   93.  Liability    for    vvrongXul    distress. 

Landlord's  liability  for  wrongful  act  of 
agent  in  distraining  for  rent.  27 
L.R.A.  173. 

VI.  Recovery  of  possession;  re-entry. 

§   94.  Generally. 

Liability  of  landlord  who  brings  an  unfound- 
ed action  to  dispossess  tenant.  L.R.A. 
1918C,  323. 

Effect  of  re-entry  by  landlord  after  bank- 
ruptcy of,  or  assignment  for  creditors 
by  tenant,  upon  latter's  liability  for 
subsequent  rent.     L.R.A.1917A,  208. 

First  and  last  days  in  computing  time  for 
proceeding  to  dispossess.  49  L.R.A. 
239. 

Landlord's  right  to  render  tenement  unin- 
habitable under  provision  of  lease  re- 
serving right  of  re-entry  for  condition 
broken.     17  L.R.A.  672. 

Stipulation  that  vendee  or  mortgagor  shall 
on  default  become  a  tenant,  as  affect- 
ing right  to  recover  possession  of  prem- 
ises.    49  L.R.A.  438. 

Reservation  of  right  of  re-entry  as  affect- 
ing the  character  of  instrument  as 
an  assignment  or  sublease.  42 
L.R.A.(N.S.)    1084. 

Injunction  as  to  judgment  by  or  against 
surety  in  summary  proceedings.  31 
L.R.A.  63. 

Injunction  against  dispossession  by  sum- 
mary proceedings.     30  L.R.A.  129. 

Right  to  prove  fraud  in  title  in  summary 
proceedings  to  recover  possession  of 
property.     11  L.R.A. (N.S.)  260. 

Right  of  lessor  to  maintain  an  action  for 
possession  against  his  covenant  not  to 
disturb  lessee's  possession,  when  the 
covenant  is  repugnant  to  the  estate 
granted.     L.R.A.1915D,  467. 

Provisions  in  lease  accelerating  maturity  of 
future  rents,  and  giving  lessor  right 
to  take  possession  upon  default  in  pay- 
ment of  rentals  or  upon  insolvency  of 
lessee  as  alternative  or  concurrent. 
L.R.A.1916B,  1101. 

§   95.  Notice  to  quit. 

Right  of  tenant  receiving  proper  notice  to 
quit  where  property  is  taken  by  emi- 
nent domain,     21  L.R.A.  222. 


812 


INDEX  TO  L.R.A.  NOTES. 


I^NDLORD   AND   TENANT   VI.— cont'd 
Denial  of   tenancy  as  waiver  of  notice  to 

quit,  or  of  demand  of  possession.     25 

L.R.A.(N.S.)    104. 

Til.  Liability  for  ejecting  tenant. 

§   9  6.  Generally. 

Liability  of  landlord  who  brings  an  unfound- 
ed action  to  dispossess  tenant.  L.R.A. 
1918C,  323. 

Liability  of  landlord  to  tenant  for  forcible 
expulsion  after  termination  of  tenancy. 
16  L.R.A.  798:  11  L.R.A.(N.S.)  468. 

Liability  of  landlord  for  personal  injuries 
inflicted  in  attempting  to  dispossess 
tenant.     42  L.R.A.(N.S.)   392. 

Liability  of  property  owner  for  compelling 
removal  of  sick  person.  17  L.R.A. 
(N.S.)    510. 

Till.  Sale   of  leased  property. 

§   9  7.  Generally. 

Transfer  of  reversion.     L.R.A.191.5C,  190. 
Effect   of    sale   of   the   reversion    on    rights 
and  liabilities  under  covenant  the  pur- 
pose  of   which   is   to   assure   lessee   an 
exclusive    right    to    conduct    a    certain 
business  on   premises  owned  by  lessor. 
L.R.A.1915C,  85/. 
Right    of    transferee    of    reversion    as    to 
breaches  of  covenant  occurring  be- 
fore transfer.     L.R.A.1915C,  245. 
Construction   of   provision    in    lease    as    to 
termination    of    leasehold    in    case 
of  sale  of  premises.     L.R.A.1915C, 
234. 


LANDOWNERS. 


Doctrine  of  equitable  conversion  as  afTect- 
ing  one's  right  to  sign  consent  or  re- 
monstrance as  landowner.  50  L.R.A^ 
(N.S.)    32. 


liANDS. 

Valuation  of  public  utility  lands.    48  L.R.A. 
(N.S.)   1196. 


LANE. 

Extent  of  right  confered  by  grant  or  reser- 
vation in  conveyance  of  lot  of  right  to 
use  lane  or  alley.     3  B.  R.  C.  533. 


LAPSE. 

Of  legacy,  see  Wills,  §  120. 


LANGUAGE. 


LARCENY. 


14 


In    what    publication    made,    see    Publica 
TION,  §  3. 

Foreign,  publication  of  oflScial  notice  in 

L.R.A.  64. 
Power   to   prescribe   teaching   of,   in   public 

schools.     47  L.R.A.(N.S.)  203. 
Begin  with  this  hooTe  on  every  law  question. 


§    1.  Generally. 

Of  animals,  see  Animals,  §  4. 

Of   other    spouse's    property,   see   Husband 

AND  Wife,  §  46. 
Insurance   against  theft,   see  Insubance,  § 

220. 
See  also  Receiving  Stolen  Pkopeety. 

Statutes  infringing  freedom  to  deal  with 
one's  propertv  enacted  in  order  to 
prevent  larceny.     L.R.A.1915B,  213. 

Validity  and  enforceability  of  contract  to 
compensate  the  owner  of  property 
stolen  in  absence  of  duress  or  agree- 
ment, express  or  implied,  to  stifle 
prosecution.      L.R.A.1915E,    139. 

Criminal  liability  for  agent's  act  in.  41 
L.R.A.  652. 

Criminality  of  solicitation  to  commit.  25 
L.R.A.  437. 

Homicide  in  attempting  to  prevent.  67 
L.R.A.  537. 

Title  of  one  who  takes  monev  from  thief 
or  embezzler.  25  L.R.A.'(N.S.)  631; 
L.R.A.1917A,  707. 

When  larcenv  deemed  continuous.  7  L.R.A. 
(N.S.)   520. 

Valuation  of  commercial  paper  for  pur- 
poses of  graduating  offense  of  larceny. 
23  L.R.A. (N.S.)   1063. 

Stealing  property  from  different  owners  at 
the  same  time  as  distinct  offenses.  42 
L.R.A.  (N.S.)    967. 

Prosecution  for  larceny  of  one  who  receives 
or  sells  within  the  state  property  actu- 
ally stolen  with  his  connivance  by  an- 
other in  another  state.  42  L.R.A. 
(N.S.)   207. 

Production  of  bill  jof  sale  as  repelling  pre- 
sumption of  guilt  from  possession  of  re- 
cently stolen  property.  39  L.R.A. 
(N.S.)   320. 

Liability  of  the  government  or  other  public 
body  for  its  own  obligations  stolen 
from  it.     39  L.R.A. (N.S.)  444. 

Truth  of  charge  of,  as  a  defense  to  a  civil 
action  for  libel  or  slander.  31  L.R.A. 
(N.S.)    144. 

Loss  by,  during  fire.     35  L.R.A.  (N.S.)   892. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance. 
38  L.R.A. (N.S.)    314,  320. 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  on  prosecution 
for.     69  L.R.A.  195,  198,  206. 

§   2.  What   constitutes. 

Corpus  delicti  in  larceny.  L.R.A. 1916B, 
846. 

What  law  defines  larceny  for  purposes  of  a 
statute  against  bringing  stolen 
property  into  the  state.  15  L.R.A. 
722;   14  L.R.A. (N.S.)   556. 


INDEX  TO  L.R.A.  NOTES. 


813 


LARCENY— cont'd 

Larceny  or  embezzlement  as  affected  by  be- 
lief in  right  to  property  taken. 
41  L.R.A.(N.S.)    549. 

Taking  of  property  by  general  owner  for 
purpose  of  defeating  a  lien  tliereon  as 
larceny.     12  L.R.A.  (N.S.)  94. 

Sale  of  another's  property  as  larceny.  10 
L.R.A.(N.S.)   81G. 

Wrongful  sale  of  pledged  property  or  col- 
lateral as.     31  L.R.A.(N.S.)   999. 

Larceny  by  taking  away  greater  quantity 
of  purchased  article  than  was  paid  for. 
]  B.  R.  C.  1004. 

Failure  to  account  for  fund  to  one  jointly 
interested  therein  as  theft,  larceny,  or 
embezzlement.     31  L.R.A.(N.S.)   822. 

By  obtaining  money  by  trick.  1  L.R.A. 
(N.S.)  862. 

Larceny  by  abstracting  money  or  other  prop- 
erty from  letter  given  one  to  mail.  47 
L.R.A.(N.S.)    852. 

Larceny  by  fraudulent  race  or  game.  1 
L.R.A.  (N.S.)  862;  20  L.R.A.  (N.S.) 
1164;   42  L.R.A.(N.S.)    735. 

Making  or  procuring  fraudulent  orders  on 
public  funds.     32  L.R.A. (N.S.)   234. 

Fraudulent  conversion  of  property  by  one 
legally  in  charge  or  custody  thereof.  2 
L.R.A. (N.S.)    249. 

Conversion  of  proceeds  of  property  ac- 
quired by  defendant  under  an  agree- 
ment to  sell  the  same  and  turn  over 
proceeds,  as  larceny.  52  L.R.A.  ( N.S. ) 
1222;  L.R.A.1918A,"318. 

Intent  or  offer  to  return,  or  actual  return 
of,  property  as  affecting  charge  of 
larceny.     .52   L.R.A. (N.S.)    1013. 

Appropriation  by  bailee  of  articles  accident- 
ally coming  into  his  possession  as  sub- 
ject of  bailment.     L.R.A.1915C,  712. 

Obtaining  property  by  means  of  promise  to 
pay,  or  give  security,  for  same,  without 
intent  to  do  so.    L.R.A.1916E,  769. 

I 

§   3.  -What  constitutes  asportation. 

Circumstances  held  sufficient  to  show  aspor- 
tation.    29  L.R.A.  (N.S.)    38. 

Circumstances  held  insufficient  to  show 
asportation.     29  L.R.A. (N.S.)   40. 

The  Texas  cases.     29  L.R.A.(N.S.)   40. 

Killing  animal  and  carrying  away  part  of 
the  carcass  as  larceny  of  the  animal. 
L.R.A.1915E,  848. 

§   4.  Of  what  property. 

Of  property  delivered  by  mistake,  see  Mis- 
take, §  19. 

Check  as  subject  of.    42  L.R.A. (N.S.)   498. 

Taking  of  fish  or  game  as  larceny.  L.R.A. 
1918A,  .547. 

Property  held  for  an  illegal  purpose  as  sub- 
ject of.     L.R.A.1918D,  690. 

Water,  gas,  and  electricity  as  subjects  of. 
L.R.A.1918C,  580. 

Of  money  or  property  delivered  by  mistake. 
52  L.R.A.  136. 

Of  dog.    40  L.R.A.  514. 

Of  bees.     40  L.R.A.  689. 

Consult  also  L.R.A.  Digests  of  CaseSi 


LARCENY— cont'd 

Appropriation  of  articles  of  value  concealed 
in  goods  purchased  or  in  waste  matter. 
22  L.R.A. (N.S.)    1133. 
Larceny  of  property  found.     37  L.R.A.  121 ;  t 

30  L.R.A. (N.S.)  339;  L.R.A.1916A,  468. 
Larceny  or  embezzlement  by  one  spouse  of 
the  other's  property.  29  L.R.A. 
(N.S.)  830. 
Real  property  or  things  savoring  of  realty 
as  the  subject  of  larceny.  49 
L.R.A.(N.S.)    965. 

§   5.  By  children. 

Criminal  liability  of  children  for.    36  L.R.A. 
201. 


§   6.  By  officer. 

Liability  of  officer  acting  under  writ  of  exe- 
cution for.    3  L.R.A.(N.S.)  508. 

§   7.  By  corporation. 

Criminal  responsibility  of  corporation  for. 
2  B.  R.  C.  249, 

§   8.  Defenses. 

What  intoxication   will  excuse.     36  L.R.A. 

469. 
Kleptomania  as   a  defense  to  larceny.     18 

L.R.A.  229;  43  L.R.A. (N.S.)    150'. 
Effect   of   owner's   conduct   in   intentionally 

facilitating  the  taking.    7  L.R.A. (N.S. ) 

756. 
Instigation    of    offense    as    a    defense.      25 

L.R.A.   343;    30   L.R.A. (N.S.)    950;    51 

L.R.A. (N.S.)   827. 
Effect  of  consent  of  bailee,  agent,  or  serv- 
ant to  taking  of  property.    7  L.R.A.  (N. 

S.)    1149. 
Purpose   of   applying   property   on   debt   as 

affecting.    32  L.R.A. (N.S.)  420. 

§  9.  Running  of  limitations  against 
prosecution   for. 

Running  of  statute  of  limitations  against 
action  to  recover  stolen  property.  29 
L.R.A.(N.S.)  120;  34  L.R.A.(N.S.) 
621. 

§10.  Indictment   for. 

See  Indictment,  Infobmation,  and  Com- 
plaint, §  23. 

§    11.  Evidence  In  prosecution  for. 

Proof  of  corpus  delicti  in.    68  L.R.A.  40,  48, 

54,  56,  65;  28  L.R.A. (N.S.)  536;  L.R.A. 

1916B,  846. 
Evidence  of  other  crimes  in  prosecution  for. 

62  L.R.A.  231,  281,  315,  322;  43  L.R.A. 

(N.S.)  776. 
Evidence  of  character  of  accused  to  rebut 

presumption  from  possession  of  stolen 

goods.     20  L.R.A.  614. 
Right  of  one  to  testify  as  to  his  intent.    23 

L.R.A.(N.S.)   390. 
Possession    of    recently   stolen    property   as 

evidence  of.    12  L.R.A.  (N.S.)  199. 
Validity    of    statute   making    possession    of 

stolen  property  proof  of  guilt.     L.R.A. 

1915C,  734. 


814 


INDEX  TO  L.R.A.  NOTES. 


LARCENY— cont'd 

Husband  or  wife  as  witness  against  the  oth- 
er in  prosecution  for.  L.R.A.1917E, 
1133. 

§   12.  Punishment   for. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.  573,  577;  L.R.A.1915C,  567. 

§  13.  Civil  liability  for,  or  in  respect 
to. 

As  affecting  liability  on  official  bond.  22 
L.R.A.  449. 

Of  property  bailed;  presumption  and  burden 
of  proof  as  to  care  or  negligence.  43 
L.R.A.(N.S.)    1179. 

Liability  of  bailee  (other  than  a  common 
carrier  or  innkeeper)  for  theft  cora- 
mittod  by  servant.     4  B.  R.  C.  562. 

Liability  of  sleeping  car  company  for 
theft  of  baggage  or  personal  effects  of 
passenger.  41  L.R.A.(N.S.)  799; 
L.R.A.1915B,  621. 

Liability  of  carrier  for  theft  of  hand  bag- 
gage or  other  effects  in  the  custody  or 
control  of  passenger.    L.R.A.1915B,  608. 

Liability  for  stolen  mail.  L.R.A.1915A, 
374. 

Liability  of  hospital  for  loss  or  theft  of 
property  of  patient.   L.R.A.1918A,  1157. 

Existence    of    a    trust    in    property    stolen. 

L.U.A.1915B,  442. 
;^Legality  of  contract  to  pay  thief  for  return 
of  stolen  property.    7  L.R.A.  (KS.)  175. 

Civil  action  against  thief  to  recover  stolen 
property  or  its  value.  41  L.R.A. 
(N.S.)  255. 


liASCIVIOUS  COHABITATION  OR 
CONDUCT. 

See  Adultekt;  Disorderly  Houses;  Forni- 
cation; Illicit  Cohabitation;  In- 
cest; Lewdness;  Pbostitution ;  Se- 
duction. 

Proof  of  corpus  delicti  in  prosecution  for. 
68   L.R.A.  45. 


liAST   CLEAR  CHANCE. 

See  Negligence,  §§  50-52. 


LAST    SICKNESS. 


What  is  "last  sickness"  permitting  noncu- 
pative  will.     13  L.R.A. (N.S.)   1092. 


liATENT    AMBIGUITIES. 

As  to  land  in  will,  correction  of.     6  L.R.A. 
(N.S.)    942;   L.R.A.1915E,  1008. 


LATENT    DEFECTS. 

§    1.  Injury  by   generally. 

Landlord's  liability  for  injury  to  tenants 
from.  34  L.R.A.  (N.S.)  799;  48  L.R.A. 
(N.S.)   918;  L.R.A.1916D,  1225. 

Liability  of  railroad  company  for  injury  to 
passenger  by  latent  defect  in  car.  15 
L.R.A. (N.S.)   790';  L.R.A.1915D,  305. 

§   2.  Injury   in   street   by. 

Municipal  liability  for  injury  by,  in  streets. 

2   L.R.A.(N.S.)    159;    20   L.R.A. (N.S.) 

513. 
Contributory  negligence  of  person  injured  by 

latent  defects  in  street.     21  L.R.A. (N. 

S.)    635;    48   L.R.A. (N.S.)    633. 

§   3.  Injury   to   servant  by. 

Servant's  assumption  of  risk  of,  see  Master 
and  Servant,  §  113. 

Latency  of  defect  as  affecting  res  ipsa  loqui- 
tur.   L.R.A.1917E,  50. 

Employer's  liability  to  servant  injured  by. 
41   L.R.A.   83."' 

Applicability  to,  of  rule  imputing  to  master 
notice  of  defects  in  original  construc- 
tion.    17  L.R.A. (N.S.)    104. 

§   4.  In   property   sold. 

In  property  bought  for  special  purpose,  im- 
plied warranty  against.    22  L.R.A.  193. 

Effect  of  provision  in  contract  of  sale  that 
claim  for,  must  be  made  within  certain 
time.     11  L.R.A.  (N.S.)   245. 


LATENT  EQUITIES. 

Protection  of  quitclaim  purchasers  against. 
29  L.R.A.  33. 


•  LATERAL    RAILROADS. 

What  is  within  charter  power  to  build.     12 
L.R.A.(N.S.)   326. 


Begin  with  this  hooTc  on  every  law  question. 


LATERAL   SUPPORT. 

§   1.  Generally. 

Measure  of  damages  for  removing,  see  Dam- 
ages, §  72. 

Right  to,  passing  by  deed,  see  Deeds,  §  23. 

Removal  of  as  a  taking  of  property,  see 
Eminent  Domain,  §  43. 

Subjacent  support,  see  Subjacent  Support. 

Express  agreements  or  covenants  for  lateral 
support.     48  L.R.A.  (N.S.)  474. 

Right  to  remove  lateral  support  by  dredging 
water  bed.     64  L.R.A.  275. 

Removal  of,  as  damage  or  injury  in  emi- 
nent domain  case.  5  L.R.A.  (N.S.) 
1086;  L.R.A.1917E,  576. 

Condemnation  or  grant  of  land  for  rail- 
road right  of  way  as  carrying  right  to 
lateral  and  subjacent  support.  32 
L.R.A.  (N.S.)   155. 


INDEX  TO  L.R.A.  NOTES. 


815 


LATERAL  SUPPORT— cont'd 

Liability  of  railroad  company  in  construct- 
ing its  roadway,  for  removal  of  lateral 
support  to  adjoining  property.  21 
L.R.A.{N.S.)    318;  L.R.A.1918D,  714. 

§   2.  For  land  in  natural  state. 

Liability  for  removal  of,     68  L.R.A.  673. 

§   3.  For   Imildings. 

Measure  of  damages  for  removing,  see  Dam- 
ages, §  72. 

Use  of  party  wall  as  lateral  support  as  ren- 
dering adjoining  owner  liable  to  con- 
tribute to  cost.    6  B.  R.  C.  458. 

Right  bv  prescription  to  lateral  support  for 
buildings.     20  L.R.A.  730. 

Express  agreements  or  covenants  for.  48 
L.R.A.  (N.S.)   474. 

Creation  of  easement  for  support  of  land 
and  buildings  by  severance  of  tract 
with  apparent  benefit  existing.  26 
L.R.A.  (N.S.)  364;  L.R.A.1915C,  353. 

Liability  for  injuries  to  buildings  on  adjoin- 
ing land  by  negligent  removal  of  lateral 
support  of  the  soil.  6  L.R.A. (N.S. ) 
243. 

Effect  of  destruction  of  building  to  termi- 
nate adjoining  owner's  easement  of.  19 
L.R.A.(N.S.)  883;  46  L.R.A.  (N.S.) 
1021. 

8   4.  By  or  for  highway  or  street. 

Right  to  lateral  support  as  against  public 
bv  adverse  possession  of  highway  or 
city  street.    18  L.R.A.  150. 

Liability  of  municipal  corporation  for  in- 
jury to  lateral  support  in  making  street 
"improvements.     12  L.R.A, (N.S.)   696. 

Duty  of  abutting  owner  to  preserve  lateral 
support  to  higfiwav,  20  L.R.A. (N.S.) 
287. 

§  5.  Liability  for  independent  con- 
tractor's interference  wiih. 

Liability  of  employer  for  injury  to,  by  inde- 
pendent contractor,     65  L,R.A.  849. 

Employer's  duty  to  avoid  independent  con- 
tractor's interference  with  right  of,  66 
L.R.A.  148. 

♦-•-♦ ■ 


IjAteral  track. 

See  Spxib  Tracks  and  Sidings. 

#  >» 

L.AUDATORY    ARTICLE. 

As  libel.     4  L.R.A.(N.S.)   861. 


LAUNDRIES. 


Gathering  laundry  in  one  state,  performing 
services  thereon  in  another,  and  return- 
ing to  owners  as  interstate  commerce. 
L.R.A,1917B,  343, 

Consult  also  L.B.A.  Digests  of  Cases. 


38 


LAUNDRIES— cont'd 

Municipal    power    over,    as    nuisance. 
L.R.A.  651. 

Validity  of  agreement  in  restraint  of  trade 
ancillarj'  to  sale  of  laundry  business  as 
affected  bv  territorial  scope.  24  L.R.A. 
(N.S.)   930;  L.R.A.1916C,  631. 

Power  to  make  use  of  property  for,  condi- 
tional upon  consent  of  neighbors,  8 
L.R.A. (N.S.)   978. 


LAW. 

Conflict  of,  see  Conflict  of  Laws, 
Custody  of,  see  Custody  of  Law, 
Judicial   notice  of,  see  Evidence,   §§  2,  3, 
Presumptions  and  burden  of  proof  as  to,  see 

Evidence,  §§  19,  20. 
As  to  statutes,  see  Statutes. 
Violation  of,  see  Violation  of  Law. 

Mistake  as  to  law  of  another  state  or  coun- 
try as  one  of  law  or  of  fact.  46  L.R.A. 
(N.S.)    174. 

False  representation  of  foreign  law  as  basis 
for  fraud  action.     L.RA.1915A,  675. 

Homicide  by  authority  of.     67  L.R.A.  292. 

'  »  «  » 


LAW  BOOKS. 

As  evidence,    40  L.R.A.  572. 


^«» 


LAWFUL  HEIRS. 

Extrinsic  evidence  to  identify  person  intend- 
ed by  testator  using  term.  47  L.RA. 
(N.S.)  533, 


LAWFUL  MONEY. 


Validity    and    effect   of    statutes    requiring 
wages  to  be  paid  in,    28  L.R,A,  273, 


#•» 


LAW   OF  PLACE. 

See  Conflict  of  Laws. 


.♦♦♦■ 


LAW  OF  THE  CASE. 

Judgment  affirming  a  nonsuit  as  the  law  of 

the  case.    48  L.R.A. (N.S.)  464. 
On  second  appeal.    34  L.R.A.  321. 


LAWYERS. 


See  Attobneys, 


816 


INDEX  TO  L.R.A.  NOTES. 


LAYMEN. 

Champertous    contracts    of.      L.R.A.1916E, 
68. 


LEADING   QUESTIONS. 

See  Witnesses,  §  27. 

• «-»^ 

LEAKAGE. 

Provision  exempting  carrier  from  liability 
for  loss  by  leakage  as  extending  to  loss 
caused  by  negligence.    6  B.  R.  C.  128. 

*-•"*■ • 


LEARNING. 


Exemption  from  taxation  of  institutions  of, 
see  Taxes,  §§  24-26. 


♦  •» 


LEASE. 

In  general,  see  Landlord  and  Tenant,  III. 
Of  mine,  see  Mines,  §§  30,  32,  35-38. 
Of  railroad,  see  Railroads,  §§  6,  7. 

Bicycle  as  subject  of.     47  L.R.A.  305. 

As  a  conveyance  within  recording  statute. 
24  L.R.A.(N.S.)   879. 

Contract  exempting  railroad  company  from 
liability  for  burning  building  placed  on 
leased  portion  of  right  of  way.  44 
L.R.A.(N.S.)   1127. 

Lease  of  its  property  as  affecting  liability 
of  foreign  corporation  to  franchise  tax 
or  tax  upon  privilege  of  doing  business 
within  the  state.    L.R.A.1917D,  1073. 

Effect  of  carriers'  leasing  defective  car  on 
liability  for  damages  to  freight  because 
of  defects.    L.R.A.1917C,  519. 


LEASEHOLD. 

In  general,  see  Landlord  and  Tenant. 

Personal  liability  of  a  trustee  for  losses  to 
trust  estate  from  investing  funds  on 
security  of  leasehold  property.  44 
L.R.A.(N.S.)   917. 

Law  governing  validity  of  testamentary  dis- 
position of  leasehold  property.  7  B  R 
C.  459. 

Measure  of  damages  to  leasehold  from 
change  of  grade.     L.R.A.1917C,  428. 


LEAVE. 


LEAVE— cont'd 

Necessity  of  leave  of  court  for  enforcement 
of  order  of  Public  Service  Commission 
against  receiver  operating  utility. 
L.R.A.1918E,  315. 

♦-»♦ 


LECTURES. 


Applicability  of  Sunday  laws  to.    30  L.R.A. 

(N.S.)    467. 
Use  of  public  school  building  for.    31  L  R  A 

(N.S.)    589. 


LEDGER. 

Admissibility    of,    in   evidence.     52   L.R  A 
581. 

<♦  »» . 


LEGACY. 

In  general,  see  Wills,  V. 
Interest  on,  see  Wills,  §  104. 


LEGAL  BENEFICIARIES. 

Who  are,  within  meaning  of  Workmen's 
Compensation  Statutes.  L.R.A.1918F, 
485. 


LEGAL  EXPENSES. 


Treatment  of,  as  part  of  overhead  charges 
in  public  service  property  valuations. 
48  L.R.A.(N.S.)   1049. 


LEGAL  HEIRS. 


Extrinsic  evidence  to  identify  person  in- 
tended by  testator  using  term.  47 
L.R.A. (N.S.)  533. 


LEGAL  PAPERS. 


Typewritten,  printed,  or  stamped  signature 

of.     L.R.A.1917B,  285. 
Measure  of  damages  for  loss  or  destruction 

of.     8  L.R.A.(N.S.)  369. 


Necessity  for  leave  to  file  bill  of  review  for 

newly   discovered   evidence.     30   L.R.A. 

fN.S.)   1031. 
Leave  of  court  to  executor  or  administrator 

to  purchase  at  his  own  sale.     L.R.A. 

19186,  49. 
Begin  iv^ith  this  hoolc  on  every  law  question. 


LEGAL  PROCEEDINGS. 

Bonds  given  in,  see  Bonds,  §  8. 
Injunction  against,  see  Injunction,  6S  40- 
60. 

Effect  of  admission  of  state  into  the  Union 
upon  provisions  of  ordinance  of  1787 
as  to.     52   L.R.A.  (N.S.)    311. 

Extension  of  time  for,  when  last  day  falls 
on  Sunday.     14  L.R.A.  122. 

Sitting  of  court  on  holidays.    19  L.R.A.  317. 

Validity  of  court  business  transacted  on 
]o."'al  holiday.    10  L.R.A. (N.S.)   791. 

Does  standard  or  solar  time  govern  in.  1 
L.R.A.  (N.S.)  364;  6  L.R.A.  (N.S.) 
1046;    35   L.R.A. (N.S.)    611. 


INDEX  TO  L.R.A.  XOTES. 


817 


LEGAL  REPRESENTATIVES. 


See  also  Executors  and  Administrators. 

Meaning   of  term   in   life   insurance   policy. 
30  L.R.A.  609;   32  L.R.A.(N.S.)   247. 


LEGISLATIVE  JOURNALS. 

See  Statutes,  §§  11,  12. 


LEGAL  SERVICES. 

In  general,  see  Attorneys. 

Conclusiveness  of  expert  opinion  as  to  value 
of.  42  L.R.A.  768;  45  L.R.A.  (N.S.) 
181. 

Liability  of  infant  for.  44  L.R.A.(N.S.) 
411. 

♦-•-♦ 


LEGAL   TENDER. 

Question   relating   to,   as   Federal   question. 

62  L.R.A.  537. 
Application  of  legal   tender  act  to   specific 

contracts  for  coin.    29  L.R.A.  512. 


LEGAL  TITLE. 


Effect    of    fraudulent    conveyance    on. 
Fraudulent  Conveyances,   §   4. 


LEGATEES. 


In  general,  see  Wills,  V. 

As  real  party  in  interest  by  whom  action 
must  be  brought.     64  L.R.A.  611. 

Eight  to  avoid  sale  of  decedent's  property 
to  executor  or  administrator.  L.R.A. 
1918B,  30. 

Injunction  against  execution  sales  to  pro- 
tect.    30  L.R.A.  123. 

Assessment  on  decedent's  estate  against.  56 
L.R.A.  645. 

Duty  of  executor  to  inform  legatee  of  terms 
of  legacy.     6  B.  R.  C.  104. 

Ornamental  articles  as  fixtures  as  between 
legatees,  devisees,  heirs,  personal  rep- 
resentatives, and  life  tenants.  6  B.  R. 
C.  162. 


LEGISLATIVE  AUTHORITY. 

As    defense    to    one    maintaining   nuisance, 
see  Nuisances,  §  28. 


LEGISLATIVE  DIVORCE. 

See  Divorce  and  Separation,  §  3. 
Consult  also  L.R.A.  Digests  of  Cases. 


LEGISLATURE. 


I.  In  general,  §§  1,  2. 
II.  rowers,  §  3. 

I.  In  general, 

§   1.  Generally. 

Appropriations  by,  see  Appropriations. 
Committee  of,  see  Co.\imittee,  §  2. 
Constitutionality    of    legislation    generally, 

see  Constitutional  Law. 
Enactment  of  statutes  by,  see  Coxstitution- 

AL  Law;  Statutes,  §§  3-6. 
Relation  of  courts  to  legislature,  see  Courts, 

§§  15,  16. 
Divorce  by,  see  Divorce  and  Separation, 

Legislative    functions    of    miinicipality,    see 

Municipal  Corporations,  V,  c. 
Authority  of,  as  defense  to  one  maintaining 

nuisance,  see  Nuisances,  §  28. 
Records    of,    see    Records    and    Recording 

Laws,  §  6. 
Construing  statute  according  to   intent  of, 

see  Statutes,  §  20. 

Effect  of  admission  of  state  into  the  Union 
upon  provisions  of  ordinance  of  1787 
as  to  proportionate  representation  of 
the  people  in  the  legislature.  52 
L.R.A.  (N.S.)     311. 

Members  of  state  legislature  as  public  of- 
ficers.    17  L.R.A.  247. 

Right  of  women  to  legislative  office.  38 
L.R.A.  210. 

Legislative  days.    17  L.R.A.  66. 

Signing  bills  as  legislative  act.  37  L.R.A. 
391. 

Validity  of  contract  for  services  to  procure 
legislation.  30  L.R.A.  737;  4  L.R.A. 
(N.S.)  213. 

Validity  of  contract  by  municipal  corpora- 
tion or  governmental  body  to  pay  for 
services  in  promoting  or  defeating  legis- 
lation.    L.R.A.1917B,  358. 

Appropriation  for  expenses  of  legislative 
committee  to  attend  public  function. 
1  L.R.A. (N.S.)    409. 

Suit  for  alimony  after  divorce  by.  21 
L.R.A.  679. 

Necessity  for  legislative  sanction  to  consol- 
idation of  corporations.     52  L.R.A.  370. 

Extra   session.      15   L.R.A.   847. 

Power  of  governor  as  to  adjournment  of. 
22  L.R.A.  716. 

Need  of '  legislative  authority  to  empower 
municipality  to  compel  change  of  grade 
of  railway  in  street.    70  L.R.A.  850. 

§   2.  Privilege  of  members. 

Privileges  of  members  as  to  service  of  proc- 
ess.    23  L.R.A,  632. 


52 


818 

LEGISLATURE— cont'd 

II.  Powers. 

g   3.  Generally. 

Constitutional  powers  of,  generally,  see  Con- 
stitutional Law. 

Delegation  of  legislative  power,  see  Consti- 
tutional  Law,   V. 

Usurpation  of  powers  of  or  by,  see  Consti- 
tutional Law,  VI. 

Local  self  government,  see  Constitutional 
Law,  VII. 

Power  to  pass  statutes  affecting  rights  of 
persons  and  property,  see  Constitu- 
tional Law,  IX. 

Power  to  pass  ex  post  facto  law,  see  Con- 
stitutional Law,  §  7. 

Power  to  pass  retrospective  statute,  see  Con- 
stitutional Law,  §§  8-10. 

Power  to  abridge  court's  power  to  punish 
for  contempt,  see  Contempt,  §  12. 

Power  of,  over  courts,  see  Cousts,  §  13. 

Power  to  grant  pardon,  see  Criminal  Law, 
§  87. 

Power  as  to  licenses,  see  License,  §  13. 

Legislative  control  over  municipality,  see 
Municipal  Cokporations,  §§  3-5. 

Authority  of,  as  defense  against  liability 
for  nuisance,  see  Nuisances,  §§  28,  29. 

Implied  restrictions   on   the  power   of.     17 

L.R.A.  838. 
Exception   in   constitutional   prohibition   as 

limitation  upon  legislative  power.     36 

L.R.A.{N.S.)  73. 
Power  of  state  legislatures  with  respect  to 

naturalization.     30  L.R.A.  761. 
Power  of  legislature,  or  branch  thereof,  to 

appoint  a  committee  to  sit  after  close 

of  session.   10  L.R.A.(N.S.)  172;  L.R.A. 

1915E,  496. 
Power  of  legislature  to  add  to  or  vary  the 

constitutional      method      of      selecting 

judges.     L.RA.1916E,  834. 
Power  of  legislature  to  prescribe  subjects  to 

be  taught  in  public  schools.     47  L.R.A. 

(N.S.)  200. 
Legislative   power  to   forbid  marriage.     52 

L.R.A.  (N.S.)     778. 
Power  of  legislative  body  to  punish  for  con- 
tempt.    L.R.A.1917F,  288. 
Power    to    repeal    or    amend    initiative    or 

referendum     legislation.       50     L.R.A. 

(N.S.)    208;   L.R.A.1917B,  24. 


INDEX  TO  L.R.A.  NOTES. 


LENDERS. 


Constitutionality  of  legislation  as  to,  see 
Constitutional  Law,  §  121. 

License  of,  see  License,  §  32. 

Municipal  control  over  money  lenders,  see 
Municipal  Cobpobations,  §  45. 


LETTERHEAD. 


Matter  in  letterhead  as  part  of  contract  or 
as  notice  affecting  the  rights  of  the 
parties.      L.R.A.1916D,    1072. 


LETTER  OF  CRED.IT. 


What  is.    7  L.R.A.  209.* 


LETTER    PRESS    COPIES, 

Competency  of  letter  press  copy  as  standard 

for  comparison.     63  L.R.A.  438. 
As  originals.     12  L.R.A. (N.S.)    343. 


LEGITIMACY. 


See  Illegitimacy. 


UEGITIMATION. 


Of  illegitimate  child,  see  Illegitimacy,  §  3 
Begin  with  this  hoolc  on  every  law  question 


LETTERS. 

Admissibility  of,  in  evidence,  see  Evidence, 
§137. 

Of  administration,  see  Executors  and  Ad- 
ministrators, §§  9,  16. 

Of  credit,  see  Letter  of  Credit. 

Common-law  rights  in  respect  to.  51  L.R.A. 
360. 

Forgery  of  letters  of  introduction.  1  L.R.A. 
(N.S.)  730. 

Time  and  place  of  consummating  contract 
when  offer  by  letter  is  accepted  by  tele- 
gram, or  vice  versa.  6  L.R.A. (N.S.) 
1016. 

Sufficiency  of  letter  as  will.  15  L.R.A.  63.>; 
17  L.R.A.(N.S.)    1126. 

Unlawfulness  of  mailing  obscene  letters.  24 
L.R.A.  112. 

Injunction  against  publication  of.  37 
L.R.A. (N.S.)   944. 

Duty  of  railroad  to  one  who  goes  on  station 
grounds  to  mail.     24  L.R.A.  (N.S.)  535. 

Necessity  of  proof  of  genuineness  of  reply 
letter.  .  17  L.R.A. (N.S.)  229. 

Larceny  by  abstracting  money  or  other  prop- 
erty from  letter  given  one  to  mail.  47 
L.R.A. (N.S.)   852. 

Presumption  as  to  receipt  of  letter  sent 
through    mail.      49    L.R.A. (N.S.)^   458. 

Time  and  place  of  consummation  of  contract 
when  offer  by  letter  is  accepted  by  tele- 
gram or  vice  versa.    L.R.A.1916A,  1302. 


INDEX  TO  L.R.A.  NOTES. 


819 


LEVEES. 

As    public    improvement,    see    Public    Im- 

PROVEMEXl'S,    §    6. 

Right  to  condemn  land  for,  see  Eminent 
Domain,  §  19. 

What  property  other  than  realty  may  be 
assessed  for  the  construction  and  main- 
tenance of  levees.     L.R.A.1917F,   1003. 

Right  to  build.    25  L.R.A.  530. 

Assessment  for  improvements  made  before 
propertv  was  included  within  levee  dis- 
trict.    39   L.R.A.  (N.S.)    543. 

Right  to  compensation  for  property  taken 
or  damaged  in  construction  of.  L.R.A 
1016F,  1187. 

Immunity  of  levee  district  from  liability  for 
damages.    L.R.A.1918B,  1010. 


LEVY    AND    SEIZURE. 

I.  In  general,   §   1. 
II.  What  property  subject,  §§  2-7. 
a.  In  general,  §§  2-5. 
h.  Property  in  custody  of  lata, 
§§   O,    7. 

III.  Mode  and  suffieiency,  §§  S,  9. 

IV.  Rights,  duties,  and  liabilities  grotv- 

ing  out  of  levy,  §§  10-15. 
V.  Forthcoming  bond,  §16. 

I.  In  general. 

§    1.  Generally. 

As  condition  precedent  to  equitable  remedy 
of  creditors,  see  Creditors'  Bill,  §  2, 

Effect  of  death  of  one  of  parties  after  judg- 
ment, see  Execution,  §  14. 

Injunction  against,  see  Injunction,  §  42. 

Sale  of  property  levied  on,  see  Judicial 
Sale. 

Of  assessment,  see  Taxes,  IV. 

Presumption  as  to  time  of  alteration  in 
officer's  writ.     39  L.R.A. (N.S.)    115. 

Release  of  indorser  of  note  from  liability 
by  failure  to  levy  execution  against 
maker.     18  L.R.A. (N.S.)  547. 

Extension  of  time  for  levying  execution  as 
discharge  of  surety.  5  L.R.A.  (N.S.) 
764. 

Creditor's  right  to  have  satisfaction  of  judg- 
ment canceled  where  the  property  levied 
on,  or  its  proceeds,  is  returned  to  the 
debtor  as  exempt,  or  to  a  third  person 
who  establishes  a  claim  thereto.  11 
L.R.A.(N.S.)    396. 

II.  What  property  subject. 

a.  In  general. 

S  .2.  Generally. 

What  property  exempt  from  levy,  see  Ex- 
emptions, §§  4-8. 

Property  subject  to  garnishment,  see  Gab- 
nishment,  §§  10,  11. 

Bills  and  notes,  see  Bills  and  Notes,  §  4. 

Growing  crop,  see  Crops,  §  3. 

Consult  also  L.R.A.  Digests  of  Cases, 


LEVY  AND  SEIZURE,  II.  a— cont'd 
Property  held  by  the  curtesy,  see  Curtesy, 

§  4. 
Intoxicating      liquor,      see      Intoxicating 

Liquors,  §  39. 
What  property  subject  to  judicial  sale,  see 

Judicial  Sale,  §  6. 

Pew.     22  L.R.A.  215. 

Foreign  railroad  car.  64  L.R.A.  501;  16 
L.R.A. (N.S.)  1026;  L.R.A.1915D,  838. 

Heating  apparatus.     1  B.  R.  C.  986. 

Liability  of  alimony  for  debts.  32  L.R.A. 
(N.S.)   270. 

Levy  upon  contents  of  -sealed  package  or 
locked  receptacle.    41  L.R.A. (N.S.)  764. 

Right  to  levy  legal  process  upon  intoxicat- 
ing liquors.     20  L.R.A. (N.S.)   1118. 

Right  of  creditors  to  levy  on  insurance  pol- 
icy or  its  cash  surrender  value.  16 
L.R.A. (N.S.)    318,  319. 

Liability  of  promissory  note  to  levy  and 
seizure  under  attachment  or  execution. 
14  L.R.A.  (N.S.)    1235. 

Leasehold  estate  as  subject  of  levy  under 
attachment  or  execution.  17  L.R.A.  (N. 
S.)    841;   29  L.R.A. (N.S.)    886. 

Levy  under  execution  against  tenant  on 
fixtures  placed  by  him  on  premises  un- 
der agreement  for  right  of  removal. 
L.R.A.1915E,  829. 

Statutory  authority  to  levy  on  and  sell 
franchise  and  property  of  quasi  public 
corporation.    31  L.R.A. (N.S.)  639. 

Liability  of  claim  or  interest  in  public  land 
for  debts  contracted  before  issuance  of 
a  patent.     34  L.R.A.  (N.S.)   405. 

Right  of  creditors  levying  on  goods  sold  for 
cash  but  delivered  without  payment. 
13  L.R.A. (N.S.)  697;  29  L.R.A. (N.S.) 
709;  47  L.R.A. (N.S.)   173. 

Right  of  one's  creditors  to  make  or  control 
election  for  or  against  a  will,  or  be- 
tween different  provisions  of  a  will  or  a 
statute.    11  L.R.A. (N.S.)   379. 

May  provision  in  will  for  support  of  person 
which  is  made  a  lien  or  charge  upon 
property  devised  or  bequeathed  to 
others  be  reached  by  his  creditors.  23 
L.R.A. (N.S.)    526. 

Option  of  cestui  que  trust  to  require  a  con- 
veyance or  otherwise  terminate  the 
trust  subjecting  the  same  to  the  claims 
of   creditors.     25    L.R.A. (N.S.)    236. 

Taking  possession  of  chattels  before  levy  as 
curing  failure  to  take  possession  im- 
mediately upon  sale.  28  L.R.A. (N.S.) 
214. 

Interest  of  vendee  under  an  executory  con- 
tract for  the  purchase  of  real  prop- 
erty as  subject  of  lien  of  judg- 
ment, execution,  or  attachment 
against  him.     L.R.A.1915B,  340. 

§  3.  Corporate   stock  and   bonds. 

Shares  of  stock  in  foreign  corporation.  55 
L.R.A.  796. 

Validity  of  pledge  or  other  transfer  of  cor- 
porate stock  when  not  made  in  corpo- 
rate books  as  against  executions.  20 
L.R.A.(N.S,)   996. 


820 


INDEX  TO  L.R.A.  NOTES. 


LEVY  AND  SEIZURE,  II.  a— cont'd 
Corporate  bonds  as  subject  of  attachment 

as  tangible  property.    36  L.R.A.(N.S.) 

421. 

§  4.  Expectant  and  contingent  interests 
in  real  property. 

General  rule.  23  L.R.A.  642;  30  L.R.A.(N. 
S.)   115. 

Interest  of  an  heir  in  his  ancestor's  lands. 
23  L.R.A.  643. 

Reversion,  remainders,  and  executory  de- 
vises. 23  L.R.A.  643;  30  L.R.A.  (N.S.) 
115,   116,  118. 

Right  of  dower.  23  L.R.A.  647;  30  L.R.A. 
(N.S.)   117. 

Tenancy  by  curtesy  initiate.  23  L.R.A.  648; 
30  L.R.A.(N.S.)  118. 

§  5.  Levy  on  partnership  property  for 
debt  of  partner. 

Possession.     46  L.R.A.  481. 

What  may  be  sold.    46  L.R,A.  485. 

Levy   on   specific   articles.      46   L.R.A.   487. 

Trespass  in  making  a  levy.     46  L.R.A.  489. 

Ascertaining  the  interest  of  the  judgment 
debtor.    46  L.R.A.  490. 

Injunction  against  interfering  with  partner- 
ship property.     46  L.R.A.  491. 

Other  equitable  relief.     46  L.R.A.  494. 

Priority  of  firm  creditors  as  against  a  levy 
for  an  individual  debt.     46  L.R.A.  494. 

Real  estate.    46  L.R.A.  494. 

Executions  against  both  partners.  46 
L.R.A.  495. 

Statutory  provisions.     46  L.R.A.  496. 

English  and  Canadian  cases.    46  L.R.A.  498. 

Individual  property  of  one  partner  for  fraud 
of  his  copartner.    25  L.R.A.  645. 

ft.  Property  in  custody  of  law. 

g  6.  Generally. 

Money  in  court,  see  Money  in  Coubt,  §  2. 

Property  in  hands  of  receiver.     20  L.R.A. 

392. 
Right  to  attach  fund  in  the  hands  of  officer 

of  court  after  he  has  been  ordered  to 

pay  the  same  to  the  partv.     13  L.R.A. 

(N.S.)  758;  30  L.R.A. (N.S.)   720. 
Attachment   of   proceeds   of   execution    sale 

in  the  hands  of  the  sheriff.     43  L.R.A. 

(N.  S.)  571. 
Seizure    of    property    of    individual    under 

judgment   purporting   to   be   against   a 

corporation,    upon    theory    that    there 

was    no   such    corporation.      45    L.R.A. 

(N.S.)    189. 


§   7.  Property  in  hands  of  assignee  for 
creditors. 

Valid    assignments.      26    L.R.A. 
Proceeds  of   assigned  property. 

593. 
Choses  in  action.    26  L.R.A.  593 
Acknowledgment    and    record. 

594, 
Acts  of  assignee — qualifving — inventory.  26 

L.R.A.  594. 
Possession.     26  L.R.A.  594. 
Estoppel.     26  L.R.A.  595. 


593. 

26  L.R.A. 


26    L.R.A. 


Begin  with,  this  booTc  on  every  law  question. 


LEVY  AND  SEIZURE,  II.  b— cont'd 
Fraudulent     and     void     assignments.       26 

L.R.A.  595. 
Statutory    rights    of    assignee.     26    L.R.A. 

596. 
When   assent  of  creditors   is   required.     26 

L.R.A.  599. 
Partnership   assignments.     26   L.R.A,   600. 

///.   Mode  and  sufficiency. 

§  8.  Generally. 

Irregularities  in  lew,  as  ground  of  injunc- 
tion.    30  L.R.A.'  136. 

Conditions  precedent  to  equitable  remedies 
of  creditors  as  to  property  subject  to 
levy.     23  L.R.A. (N.S.)  26. 

Right  in  action  on  forthcoming  bond  given 
by  execution  debtor  or  .claimant  to 
question  legality  of  levy  or  authority 
of  officer  making  it.  4  L.R.A. (N.S.) 
1020. 

Estoppel  by  giving  forthcoming  bond  to 
question  legality  of  levy  under  execu- 
tion.     51    L.R.A.  (N.S.)     635. 

Sufficiency  of  levy  upon,  and  custody  of, 
property  in  car  or  other  vehicle  of  com- 
mon carrier.     L.R.A.1915F,   1184. 

§   9.  On  crops. 

Proper  mode   of   levying   on   growing   crop. 

16  L.R.A.  (N.S.)    1047. 
Crops  as  personal  property  for  purpose  of 

levy.    23  L.R,A.  258. 
General  doctrine.    23  L.R.A.  258. 
Sufficiency  of  sheriff's  possession.    23  L.R.A 

259. 
Position  of  the  purchaser.     23  L.R.A.  259. 
Crops  held  upon  shares.     23  L.R.A.  260. 
State  decisions.     23  L.R.A.  261. 

IV.  Rights,  duties,  and  liabilities  grow- 
ing out  of  levy. 

§    10.  Generally. 

Measure  of  damages  for  wrongful  levy,  see 
Damages,  §§  16a,  55. 

Levy  upon  property  as  including  subsequent 
increase  thereof.     L.R.A.1917B,  944. 

Right  of  creditors  levying  on  goods  sold  for 
cash  but  delivered  without  payment. 
13  L.R.A.(N.S.)  705;  29  L.R.A. (N.S.) 
709. 

Taking  property  from  bailee  by  legal  pro- 
ceeding as  defense  to  him  against  bail- 
or.    33  L.R.A.  (N.S.)   689. 

Levy  of  execution,  on  insured  property  as 
change  in  interest,  title  or  possession. 
24   L.R.A. (N.S.)    803. 

Removal  by  accused  defendant  of  property 
levied  upon,  as  larceny.  41  L.R.A.  (N. 
S.)  553. 

Admissibility  of  declarations  of  defendant 
in  execution  or  attacliment  proceedings 
made  while  in  possession  against  his 
own  interest  and  in  favor  of  ownership 
of  claimant  of  property.  49  L.R.A. 
(N.S.)    702. 

Assault  in  resisting  seizure  of  property  un- 
der process.    L.R.A.1916B,  957. 


INDEX  TO  L.R.A.  NOTES. 


821 


LEVY  AND  SEIZURE,  IV.— cont'd 

§    11.  liiability  of  officer  issuing  writ. 

Liability  of  judicial  officer  for  issuing  at- 
tachment. 14  L.K.A.  142;  44  L.R.A. 
(N.S.)    172. 

§  12.  Duty  and  liability  of  officer  mak- 
ing levy. 

Loss  of  profits  as  element  of  damages  for 
seizure  under  wrongful  execution.  52 
L.R.A.   57. 

Sheriff's  duty  as  to  adverse  claims  to  pro- 
ceeds of  judgments  in  his  hands,  except 
in  cases  of  rival  executions.  47  L.R.A. 
737. 

Duty  of  sheriff  to  pursue  property  which 
escapes  from  his  custody.  32  L.R.A. 
(N.S.)    132. 

Liability  of  officer  for  larceny  while  acting 
under  writ  of  execution.  3  L.R.A.  (N. 
S.)   508. 

Right  to  maintain  action  to  recover  prop- 
erty in  specie  against  officer  who  has 
levied  thereon.     18  L.R.A. (N.S.)    1272. 

Effect  of  judgment  establishing  title  to 
property  seized  under  execution,  as 
against  officer  making  seizure,  who  was 
not  a  party  thereto.  14  L.R.A.  (N.S.) 
530. 

Exemplary  damages  against  officer,  in  ac- 
tion for  abuse  of  process  in  suing  out 
attachment  for  collection  of  debt.  29 
L.R.A.  (N.S.)   280. 

Liability  of  officer  levying  writ  on  tenant's 
goods  or  chattels  for  use  of  leased  prem- 
ises,   43  L.R.A. (N.S.)  528. 

Liability  of  officer  for  destruction  of,  or 
damage  to,  property  seized  under 
writ  or  process.    L.R.A.1915A,  193. 

§    IS.  Liability  of  creditors. 

Under  what  circumstances  the  wrongful 
levy  of  several  attachments  will  render 
attaching  creditors  jointly  liable.  6 
L.R.A. (N.S.)   598. 

Right  to  maintain  action  to  recover  prop- 
erty in  specie  against  creditor  while 
property  is  in  hands  of  levying  officer. 
18  L.R.A.(N.S.)    1274. 

S  14.  Effect  of  levy  under  void  or  void- 
able judgment. 

In  general.     55  L.R.A.  280. 
Right  to  replevy  property  from  levying  of- 
ficer.    55   L.R.A.  281, 

S   15.  Loss  of  priority. 

Of  execution  by  consent  of  creditor  to  delay 
or  postponement  of  sale.  27 
L.R.A.  374. 

Waiver  of  lien  of  chattel  mortgage  by  at- 
tachment or  execution.  24  L.R.A.  (N. 
S.)   490;  51  L.R.A.(N.S.)   1068. 

Priority  as  between  true  owner  and  exe- 
cution creditors  of  one  in  whose  name 
he  has  placed  stock  on  the  books  of 
the  corporation.  49  L.R.A.  (N.S.) 
1159. 

Consult  also  L.R.A.  Digests  of  Cases. 


LEVY  AND  SEIZURE— cont'd 

V.  Forthcoming  hond. 

§16,  Generally. 

Effect  of  insertion  of  unauthorized  provision 
in.     L.R.A.1917B,  1012. 

Condition  tliat  forthcoming  bond  shall  not 
take  effect  until  signed  by  others.  45' 
LiR.A.  334. 

Right,  in  suit  on  forthcoming  bond  given  by 
execution  debtor  or  claimant,  to  ques- 
tion the  legality  of  the  levy  or  the  au- 
thority of  the  officer  making  it.  4 
L.R.A:(N.S.)   1020. 

Right  to  maintain  action  to  recover  prop- 
erty in  specie  against  officer  who  has 
restored  property  on  forthcoming  bond. 
18  L.R.A. (N.S.)    1273. 

Effect  upon  surety  of  judgment  against 
principal.  40  L.R.A.(N.S.)  746;  L.R.A. 
1918E,  814. 

Estoppel  by  giving  forthcoming  bond  to 
question  legality  of  levy  under  an 
execution.     51  L.R.A. (N.S.)    635. 

Effect  of  bond  or  receipt  given  to  secure 
surrender  of  property  by  officer  as  an 
estoppel  after  it  has  been  returned  to 
officer.    L.R.A.1916F,  942. 


LEWDNESS. 


Actionability  of  charge  of,  see  Libel  and 

Slander,  §  12. 
See  also   Adultery;    Disorderly  Houses; 

Fornication  ;    Illicit    Cohabitation  ; 

Incest  ;     Lascivious     Cohabitation  ; 

Lewdness  ;   Prostitution  ;    Seduction. 

Proof  of  corpus  delicti  in  prosecution  for. 

68  L.R.A.  45. 
Recovery  for  goods  sold  for  use  in  aid  of. 

15  L.R.A.  835. 


LEX  FORI. 

See  Conflict  of  Laws, 


♦  •» 


LEX  LOCI  CONTRACTUS. 

See  Conflict  of  Laws. 


♦  *» 


LEX   LOCI    SOLUTIONIS. 

See  Conflict  of  Laws, 


LIBEL  AND   SLANDER. 

I.  In  general,  §  1. 
II.  Who  liable,    §§  2-5. 

a.  In  general,   §  2. 

b.  Responsibility    for    libel    or 

slander  by  another,  §§  3-5. 


822 


INDEX  TO  L.R.A.  NOTES. 


LIBEL  AND  SLANDER— cont'd 
///.  What  actionable,  §§  6-33. 

a.  In  general,  §§  6-9. 

b.  Charging       lewdness,        bad 

character,    crime,    etc.,    §§ 
10-13. 

c.  Injury    in    business   or   pro- 

fessional relations,   §§    14- 
20. 

d.  Words  about  offlcials  or  can- 

didates;    as     to     campaign 
funds,   §  21. 

e.  Privileged    communications, 

§§    22-30. 

I.  In  general,  §§  22,  23. 
8.  In   course    of   duties    or 

business,   §§  24-21. 
3.  In  judicial  proceedings, 
§§   28-30. 
/.  Slander  of  title,  §31. 
g.  Publication,  §§  32,  33. 
IV.  Actions;      defenses;      Justification, 
§§   34-44. 

a.  In  general,  §  34. 

b.  WJio  may  recover,  §§  35,  36. 

c.  Defenses;     justification,      §§ 

37-39. 

d.  Pleading;     evidence;     prov- 

ince of  jury,   §§   40-44. 
V.  Criminal  responsibility,  §  45. 

I.  In  general. 

8    1.  Generally. 

Damages  for,  see  Damages,  §§9,  16b,  56. 
Sending    defamatory    matter    through    the 

mails,  see  Postoffice,  §  11. 
As  to  right  of  privacy,  see  Privacy. 

Right  of  action  for,  as  asset  in  bankruptcy. 
43  L.R.A.(N.S.)   942. 

Testamentary  libels.     49  L.R.A.(N.S.)    897. 

Libel  laws  as  infringement  of  freedom  of 
press.     32  L.R.A.  831. 

Common-law  rights  of  author  of  libelous 
work.    51  L.R.A.  360. 

Right  to  compel  publisher  of  libel  to  dis- 
close source  of  information.  12  L.RA. 
(N.S.)    630. 

Injunction  against  publishing  or  circulat- 
ing statements  relative  to  industrial 
disputes  by  labor  union.  32  L.R.A. 
(N.S.)   1013. 

II.  Who  liable, 
a.  In  general. 

g   2.  Generally. 

Liability  for  libelous  telegram,  see  TfeE- 
GBAPHS,  see  §§  23,  24. 

Liabilitv  of  insane  person  for  libel  or  slan- 
der* 26  L.R.A.  154;  42  L.R.A. (N.S.) 
85. 

Liability  of  telegraph  company  for  handling 
libe'lous  message.  9  L.R.A.(N.S.)  140; 
37  L.R.A.  (N.S.)   861. 

Criminal  responsibility  of  corporation  for. 
2  B.  R.  C.  249. 

Intoxication  of  defendant  as  affecting  lia- 
bility for  libel  or  slander.  51  L.R.A. 
(N.S.)    1198. 

Begin  ivith  this  booTc  on  every  law  question. 


LIBEL  AND  SLANDER,  H.— cont'd 

b.  Responsibility  for  libel  or  slander  by 
another. 

§   3.  Generally. 

Master's  liability  for  slander  by  servant, 
see  JL\STEB  and  Servant,  §  174. 

Criminal     liabilitv     for     agent's     act.       41 

L.R.A.  653. 
Liability  of  corporation  for  slander  by  an 

agent   or    emplovee.      21    L.R.A.  (N.S.) 

873;  L.R.A.1916E,  774;  6  B.  R.  C.  681. 
Liability  of  officers  of  a  cornoration  for  its 

libelous  publications.    28  L.R.A.  427. 
Liability   of   one  who   procures  defamatory 

testimony  to  be  given.     4  B.  R.  C.  986. 

§  4.  Liability  of  ncwsiiaper  proprietor, 
manager  or  editor  for  libel  pub- 
lished without  his  knowledge  or 
consent. 

Liability  of  proprietor.     26  L.R.A.  779. 
Liability  of  editor  or  manager.     10  L.R.A. 
(N.S.)   332;  L.R.A.1918F,  287. 

§  5.  Liability  of  husband  and  wife  for 
vi'ife's   libel  or  slander. 

The  common-law  doctrine.     30  L.R.A.   521. 
Effect  of  state  legislation.     30  L.R.A.  522; 

L.R.A.1915A,  491. 
The  question  of  the  husband's  presence  and 

coercion.     30  L.R.A.  526. 
Joinder  of  parties  and  actions.     30  L.R.A. 

527. 
Necessity  of  service  upon  wife.     30  L.R.A. 

529. 
Effect  of  death  pending  action.     30  L.R.A. 

529. 
Husband  and  wife  as  witnesses.     30  L.R.A. 

529. 
Damages   and   evidence   in   mitigation.      30 

L.R.A.  529. 
Effect    of    a   judgment   in    such    cases.      30 

L.R.A.  530, 
Action    on    bail    bond    in    such    cases.      30 

L.R.A.  530. 

III.  What  actionable, 
a.  In  general. 

§   6.  Generally. 

Effect  of  stating  the  facts  upon  which  charge 
is  made  to  limit  the  ordinarv  meaning 
of  the  words  used.     L.R.A.1918F,  152. 

Statements  concerning  propertv.  16  L.R.A. 
243. 

Right  of  action  for  statements  affecting 
value  of  personal  property,  other  than 
goods  sold  or  manufa(>tured,  or  of  real 
propertv,  other  than  those  relating  to 
title.    6  B.  R.  C.  509. 

Words  used  as  mere  words  of  abuse.  L.R.A. 
1917D,  205. 

Applving  vile  epithets  to  man.  28  L.R.A. 
(N.S.)   85. 

Defamation  of  deceased  person.  L.R.A. 
1917C,  615. 

Placing  scurrilous  or  defamatory  matter 
upon  outside  covering  of  mail  as  offense 
against  postal  laws.  33  L.R.A. (N.S. ) 
800. 


INDEX  TO  L.R.A.  NOTES. 


823 


LIBEL  AND  SLANDER,  III.  a— cont'd 
Laudatory   or    ironical    article   as   libel.      4 

L.R.A.(N.S.)   861. 
Is   article   susceptible    of   libelous   meaning 

rendered   nonlibelous   by   the   fact   that 

it  would  not  be  understood  in  a  libelous 

sense    by    those    acquainted    with    the 

plaintiff.     18  L.R.A.(N.S.)   622. 
Liability   for   refusing   sacraments.     L.R.A. 

1D16D,  374. 
Comment   upon   public   production    as   libel. 

3    B.   R.   C.   503. 
Defamation   of  occupants   of   house  by   im- 

putinj^    to    it    :.    disorderly    character. 

48  L.R.A.(N.S.)    256. 
Impugning  claim  or  good  faith  of  claimant. 

L.R.A.1015E,  275. 
Libel  bv  falsely  ascribing  matter  to  another. 

L.R.A.1917F,  1093. 
Where  "sting"  is  due  to  race  or   religious 

prejudices     or     antagonisms.       L.R.A. 

191 6E,  679. 

§    7.  Publication  of  photograph. 

Libel  by  publication  of  photograph  as  that 
of  another  person.    6  L.R.A.  (N.S.)  919. 

Publication  of  one's  photograph  in  connec- 
tion with  scandalous  matter  concerning 
another.     35  L.R.A. (N.S.)    595. 

Right  of  action  for  use  of  photographs  or 
name  for  advertising  purposes.  24 
L.R.A.  (N.S.)  991;  34  L.R.A.  (N.S.) 
1137;  L.R.A.1915C,  839. 

§  8.  Expressions  or  comments  without 
misstating  facts. 

Rules  and  principles.     28  L.R.A.  667. 
Illustrative  cases.    28  L.R.A.  669. 

§  9.  Charging  one  with  having  negro 
blood. 

Insulting  passenger  by  suggesting  that  he 
belongs  in  colored  compartment  as  an 
actionable  wrong.  32  L.R.A.  (N.S.) 
206. 

Stating  that  a  white  person  is  a  negro,  or 
of  negro  blood.  36  L.R.A.(N.S.)  974; 
L.R.A.1916E,  679. 

h.  Charging  lewdness,  tad  character, 
crime,  etc. 

§    10.  Generally. 

Imputing    sedition    or    disloyalty.     L.E.A. 

1917D,  861. 
Charges  against  character  of  public  officer 

or  candidate.     L.R.A.1918E,  21. 

• 

§    11,  Crime. 

Charging  solicitation  to  crime.  25  L.R.A. 
435. 

Informal  communication  with  respect  to 
criminal  charge.  4  L.R.A.  (N.S.)  149; 
32  L.R.A. (N.S.)  740;  L.R.A.1915E,  413. 

Charge  of  blackmailing  or  extortion  as  ac- 
tionable per  8€.    6  B.  R.  C.  481. 

Imputation  of  crime  to  public  officer  or 
candidate.     L.R.A.1918E,  27. 

§   12.  Unchastity. 

Actionable  character  of  epithets  that  im- 
pute immorality  to  a  woman.  4  L.R.A. 
(N.S.)   560. 

Consult  also  L.R.A.  Digests  of  Cases. 


LIBEL  AND  SLANDER,  III.  b— cont'd 
Slander  and  libel  in  charging  woman  with 

unchastitv.     24   L.R.A. (N.S.)    577;    48 

L.R.A.  (KS.)   615. 
Charging   sexual    intercourse   with   negroes. 

L.R.A.1916E,  679. 
Truth  of  charge  of  adultery  or  fornication, 

as  a  defense  to  a  civil  action  for  libel 

or  slander.     31  L.R.A. (N.S.)   146. 


§    13.  Bastardy. 

Charging  bastardy. 


1  L.R.A.  599.* 


c.  Injury    in    business   or   professional 
relations. 

§    14.  Generally. 

Written  charge  with  reference  to  plaintiff's 
business.     4  L.R.A. (N.S.)    977. 

Expressions  or  comments  as  to  public  pro- 
fessional men  without  misstating  facts. 
28  L.R.A.  674. 

Blacklisting  dealer  as  libel.  49  L.R.A.  612; 
8  L.R.A. (N.S.)    783. 

Slander  in  charging  woman  with  unchastity 
causing  loss  of  business.  24  L.R.A.  (N. 
S.)   598. 

Charging  one  with  exacting  excessive  com- 
pensation for  goods  or  services.  40 
L.R.A.(N.S.)    79. 

Disparaging  quality  of  goods  sold  ur  manu- 
factured.   48  L.R.A. (N.S.)   1214. 

Insinuation  of  misconduct  by  teacher  with 
pupils.     49   L.R.A. (N.S.)    1033. 

Right  to  recover  for  slander  or  libel  affect- 
ing one  in  his  business  or  professional 
capacity,  as  affected  by  his  own  viola- 
tion of  law  in  respect  thereof.  33 
L.R.A. (N.S.)    90. 

Liability  to  individual  for  general  reflec- 
tions upon  the  business  in  which  such 
individual  is  engaged.  5  L.R.A. (N.S.) 
480. 

Right  of  one  not  specially  named  to  main- 
tain action  for  libel  or  slander  based  on 
charges  against  group  to  which  he  be- 
longs. 23  L.R.A.(N.S.)  729;  25  L.R.A. 
(N.S.)    382. 

Right  of  corporation  to  maintain  an  action 
for  libel  affecting  its  property.  52 
L.R.A.  526. 

Truth  as  defense  to  civil  action  for  libel 
or  slander  injurious  to  business.  31 
L.R.A.  (N.S.)  143;  50  L.R.A.  (N.S.) 
1043. 

g    15.  Criticism. 

Criticisms  of  writings.     28  L.E.A.  670;   48 

L.R.A.(N.S.)   1221. 
Comment  upon   public  production  as   libel. 

3  B.  R.  C.  503. 
Art  criticism.     28  L.R.A.  672. 

§16.  Charges  affecting  financial  stand- 
ing. 

Measure  of  damages  for  libel  or  slander  re- 
flecting on  integrity  or  responsibility  of 
merchant.  44  L.R.A. (N.S.)    351. 

Oral  charge  of  insolvency  against  a  mer- 
chant.    4  L.R.A.(N.S.)   973. 

Is  imputation  of  insolvency  against  lawyer 
actionable  per  se.    3  B.  E.  C.  61. 


INDEX  TO  L.R.A.  KOTES. 


LIBEL  AND  SLANDER,  III.  c— cont'd 

Charging  one  with  refusal  to  pav  debt  as. 
3  L.R.A.  (N.S.)   339;  L.R.A.1915E,  455 

Imputing  to  one  not  in  business  nonpay- 
ment of  debts  or  want  of  credit.  42 
L.R.A.(N.S.)    515. 

Stating  that  one  has  been  sued  or  judgment 
recovered  against  him.  51  L.R.A. 
(N.S.)   894. 

By  filing  lien.     16  L.R.A.  625. 

§   17.  —by  mercantile  agency. 

Privilege  as  to,  see  infra,  §  26. 

Giving  one  an  indefinite  rating,  or  refusal 
to  give  any  rating,  in  a  mercantile 
agencv,  as  a  libel.  25  L.R.A. (N.S.) 
1021." 

Stating  tiiat  one  has  been  sued  or  judg- 
ment recovered  against  him.  51  L.R.A. 
(N.S.)    894. 

§  18.  Imputing  incompetency  to  phy- 
sician. 

Imputing  incompetency  to.     26  L.R.A.  325. 

Right  of  physician  to  maintain  action  for 
libel  or  slander  based  on  charges 
against  group  to  which  he  belongs.  23 
L.R.A.(N.S.)  729;  25  L.R.A.  (N.S.) 
382. 

§    19.  Against   clergyman. 

What  words  uttered  concerning  clergyman 
are  actionable  per  se.  28  L.R.A.  ( N.S. ) 
152;  L.R.A.1917F,  551. 

Expressions  or  comments  without  misstat- 
ing ^acts.     28  L.R.A.  674. 

§  20.  As  to  character  or  reputation  of 
servant. 

Privileged  communication  as  to,  see  infra, 
§  27. 

Liability  growing  out  of  the  giving  or  re- 
fusing of  information.  4  L.R.A. (N.S.) 
1092. 

d.  Words  about  officials  or  candidates ; 
as  to  campaign  fttnds. 

§  21.  Generally. 

Exnressions  or  comments  without  misstating 
facts.     28  L.R.A.  672. 

Distinction  between  libel  and  slander,  L.R.A. 
1918E,  24. 

Imputation  of  crime,  L.R.A.1918E,  27. 

Qualifications;  imputation  of  incapacity. 
L.R.A.1918E,  27. 

Imputation  of  misuse  of  public  funds;  em- 
bezzlement.    L.R.A.1918E,  29. 

Lack  of  integrity;  bribery;  use  of  oflSce  for 
profit  of  self  or  others;  graft;  corrup- 
tion of  voters;  campaign  funds.  L.R.A. 
1918E,  31. 

Neglect  of  duties;  nepotism;  favoritism. 
L.R.A.I918E,  35. 

Intoxication;  immorality;  vulgaxitv.  L.R.A. 
1918E,  37. 

Championship  of  unworthy  causes,  etc. 
L.R.A.1918E,  37. 

Oppression;    brutality.   L.R.A.1918E,   40. 

Tampering  with  public  records;  falsehood. 
L.R.A.1918E,  40. 

Miscellaneous,   L.R.A.1918E,   41 


f  LIBEL  AND  SLANDER,  III.  d— cont'd 
Imputing  misconduct   to  judicial   officer  or 

juror.  L.R.A. 1915D,  578. 
Right  of  one  not  specially  named  to  main- 
tain action  for  libel  or  slander  based 
on  charges  made  against  group  of  mu- 
nicipal officers  to  which  he  belongs.  23 
L.R.A.(N.S.)  728. 

e.  Privileged    communications. 
1.  In  general, 

§   22.  Generally. 

Communication  to  stenographer  or  copyist 
as  affecting  privilege.  L.R.A.19i8F, 
568. 

Privilege  of  comment  upon  conduct  of  citi- 
zen deemed  to  be  acting  in  opposition 
to  public  welfare.     L.R.A.1917E,  516. 

Civil  liability  of  persons  who  join  in  a 
petition  addressed  to  public  authorities. 
L.R.A.1916D,  394. 

Limitations  of  privilege  of  "fair  comment" 
on  matters  of  public  interest.  3 
B.  R.  C.  473. 

Privilege  of  statements  bv  physician  or 
surgeon.    38  L.R.A. (N.S.)  69. 

Privileged  communication  as  to  unchastitv 
of  woman.  24  L.R.A. (N.S.)  613;  48 
L.R.A. (N.S.)    617. 

Addition  of  extrinsic  defamatory  matter  in 
communicating  report  as  effecting  priv- 
ilege.    36  L.R.A. (N.S.)    146. 

Necessity  that  the  plea  of  justification  or 
privilege  correspond  to  the  words  im- 
puted to  the  defendant  bv  the  com- 
plaint.    28  L.R.A. (N.S.)    551. 

Repetition  of  privileged  statement  as  evi- 
dence of  malice.    42  L.R.A. (N.S.)   1109. 

May  malice,  which  will  preclude  qualified 
privilege,  be  inferred  from  publication 
alone.      12   L.R.A. (N.S.)    91. 

Burden  of  showing  good  faith.  3  L.R.A. 
(N.S.)    696. 

Privilege  in  impugning  claim  or  good  faith 
of  claimant.    L.R.A.1915E,  278. 

Privilege  of  communications  to  relative  of 
person  defamed.    L.R.A. 1915A,  572. 

Privilege  as  to  communications  made  in  re- 
sponse to  inquiries  by  person  defamed. 
46  L.R.A.(N.S.)   104. 

Privilege  as  to  words  or  publication  relat- 
ing to  public  officer  or  candidate  for 
office.     L.R.A.1918E,  43. 

Privilege  of  communications  concerning  one 
who  had  made  statements  derogatory 
to  a  public  officer  or  *a  candidate  for 
office.     43  L.R.A.(N.S.)   323. 

§  23.  Privilege  as  affected  by  extent  of 
publication. 

Privilege  as  affected  by  extent  of  publica- 
tion. 20  L.R.A.(N.S.)  361;  L.R.A. 
1915E,  131. 

2,  In  course  of  duties  or  business. 

§   24.  Generally. 

Qualified  privilege  of  communication  be- 
tween members  of  an  association  or  of  a 
private  corporation.  26  L.R.A. (N.S.) 
1080. 


Begin  ^vith  this  book  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


825 


LIBEL  AND  SLANDER,  III.  e,  2— cont'd 

Report  of  meeting  of  private  corporation  as 
subject  of  privilege.  19  L.R.A.  (N.S.) 
862. 

Privilege  of  communications  between  prin- 
cipal and  agent.     36  L.R.A.(N.S.)   449. 

Privilege  of  gratuitous  report  on  financial 
responsibilitv  and  integrity.  42  L.R.A. 
(N.S.)   520."' 

Privilege  of  attorney  as  to  communication 
regarding  matters  relating  to  the  sub- 
ject of  his  actual  or  prospective  em- 
ployment.    L.R.A.1918B,  837. 

Privilege  of  communications  by  or  to  school 
authorities  regarding  conduct  of  pupil 
or  teacher.    L.R.A.1917D,  784. 

§   25.  By  public  officers. 

Reports  of  police  officers  as  privileged  com- 
munications.    30  L.R.A. (N.S.)    315. 

Privilege  of  school  superintendent  or  other 
officer  in  reporting  to  school  authori- 
ties upon  character  of  teacher.  30 
L.R.A. (N.S.)    200. 

Privileged  character  of  complaints  to  pub- 
lic officer  against  subordinate.  27 
L.R.A.(N.S.)   1041. 

Official  report  bv  executive  or  administra- 
tive officer.  ^5  L.R.A.(N.S.)    163. 

§   2  6.  By   mercantile  agencies. 

Report  of  mercantile  agency  as  a  privileged 
communication.  36  L.R.A.  (N.S.)  452; 
2  B.  R.  C.  215. 

Privilege  of  reports  of,  as  aflfected  by  ex- 
tent of  publication.  20  L.R.A. (N.S.) 
366. 

§  2  7.  As  to  character  or  reputation  of 
servant. 

Absolute  privilege  as  a  defense.     4  L.R.A. 

(N.S.)   1104. 
Qualified  privilege.     4  L.R.A.(N,S.)   1105. 
Privilege  in  cases  where  the  statement  was 

made   in   compliance  with   a   statutory 

duty.     4  L.R.A. (N.S.)    1106. 
Privilege  in  cases  where  the  statement  was 

made  in  response  to  inquiries  by  third 

persons.    4  L.R.A. (N.S.)   1106. 
Privilege  in  cases  where  the  statement  was 
made  voluntarily.    4  L.R.A. (N.S.) 
1107. 
Circumstances  under  which  statements  are 
ments  are  not  privileged.    4  L.R.A. 
(N.S.)    1111. 
Privilege  avoided  by  proof  of  express  malice. 

4  L.R.A.  (N.S.)   1114. 
Circumstances   from   which   malice   may   be 

inferred.     4  L.R.A. (N.S.)    1115. 
Qualified  privilege  as  to  communications  to 

employer  witli  respect  to  employee.     16 

L.R.A.(N.S.)    1017. 

3.  In   judicial    proceedings. 

§   2  8.  Generally. 

Libel  or  slander  bv  iudicial  officer  or  juror. 

L.R.A.1915E,  1051. 
Privilege  of   informal   communication   with 

respect   to   criminal   charge.      4   L.R.A. 

(N.S.)     149;     32    L.R.A.(N;S.)     740; 

L.R.A.1915E,  413. 
Cotisult  also  L.R.A.  Digests  oj  Cases. 


LIBEL  AND  SLANDER,  III.  e,  3— cont'd 

To  what  proceedings  in  court  does  privilege 
of  publication  attach.  16  L.R.A. (N.S.) 
953. 

Privilege  as  to  proceedings  of  grand  jury. 
32  L.ll.A.(N.S.)  785;  L.R.A.1917F,  765. 

Privilege  as  to  proceedings  for  impeach- 
ment or  removal  of  public  officers.  25 
L.R.A.  (N.S.)   455. 

Privilege  of  defamatory  statement  made  by 
one  attorney  concerning  another  in 
course  of  judicial  proceedings.  L.R.A. 
1916E,   782. 

Defamatory  observations  by  judge  as  privi- 
leged.   7  B.  R.  C.  241. 

§   2  9.  Words   in   pleadings. 

Libel  by  defamatory  words  in  pleading.    22 

L.R.A.  649;  13  L.R.A. (N.S.)   820. 
Is    the    publication    of    pleadings    or    other 

papers,    before    any    hearing    has    been 

had     thereon,     privileged.       12    L.R.A. 

(N.S.)    188;    38  L.R.A. (N.S.)    913;   52 

L.R.A.(N.S.)    207. 

§   30.  Words  used  by  witnesses. 

Privilege  of  witness  as  to  defamatory  testi- 
mony.    22  L.R.A.  836 ;  4  B.  R.  C.  945. 

Privilege  as  to  defamatory  statements  in 
testimony  or  affidavits  to  be  used 
in  progress  of  case.  L.R.A. 1915C, 
986. 

/.  Slander  of  title. 

§31.  Generally. 

To  personal  property.     13  L.R.A.  707. 
Slander  of  quality  of  goods  or  property.     13 

L.R.A.  707. 
Charging  infringement.     13  L.R.A.  707. 
Malice   as  an   element  of  cause  of  action. 

13  L.R.A.  708. 
Necessity  of  proving  special  damages.     13 

L.R.A.  708. 

g.  Publication. 

§   32.  Generally. 

Privilege  as  affected  by  extent  of  publica- 
tion. 20  L.R.A.(N.S.)  361;  L.R.A. 
1915E,  131. 

Communication  to  stenographer  or  copyist 
as  affecting  publication.  L.R.A.1918F, 
568;  1  B.  R.  C.  455. 

§   33.  What  constitutes. 

Publication  by  aggrieved  party  making 
known  to  third  person  contents  of  libel- 
ous letter.     15  L.R.A.  (N.S.)   1141. 

Addressing  letter  to  attorney  or  agent  of 
plaintiff  as  publication  for  purposes 
of  libel.     21  L.R.A.  (N.S.)    33. 

Communication  to  stenographer  or  clerk  as 
publication  of  libel.     1  B.  R.  C.  455. 

Transmission  of  libelous  matter  by  post- 
card or  telegraph  as  publication. 
1  B.  R.  C.  464. 

IV i  Actions;  defenses;  justification, 
a.  In  general. 

§   34.  Generally. 

Measure  of  damages  for,  see  Damages,  §§  9, 
16b,  56. 


826 


INDEX  TO  L.R.A.  NOTES, 


LIBEL  AND  SLANDER,  IV.  a— cont'd 

Venue  of  civil  action  for  libel  or  slander. 
L.R.A.1918F,   1026. 

Validity  of  statutory  provision  for  attor- 
ney's  fee.     L.R.A.1915E,   948. 

Publication  in  different  editions  or  publica- 
tions as  distinct  causes  of  action. 
L.R.A.1916A,  1077. 

Survival  of  cause  of  action  and  abatement, 
and  revival  of  action  for  libel  and 
slander  upon  death  of  party.  52 
L.R.A.(N.S.)    1215. 

Joinder  of  action  against  husband  and  wife 
for  jvife's  libel  or  slander.  30  L.R.A. 
527. 

Actions  for  libel  or  slander  of  a  corporation, 
52   L.R.A,   625, 

Effect  of  failure  to  serve  statutory  notice 
of  libel,  upon  right  to  actual  damages, 
13  L.R.A.  (N.S.)   525. 

Right  to  open  default  as  affected  bv  charac- 
ter of  defense.     L.R.A.1915F,  855. 

b.  Who    may   recover. 

%   35,  Generally. 

Right  of  corporation  to  sue  for.     52  L.R.A, 

526;  2  L.R.A.  fN.S,)   741. 
Libel  or  slander  of  one  person  as  ground  of 
action     by     another.       45     L.R.A, 
(N.S.)   766. 
Defamation  of  unnamed  person.     48  L.R.A. 

(N.S.)  355, 
Defamation   of   occupants   of  house   by   im- 
puting   to    it    a    disorderly    character, 
48  L,R.A,(N,S,)   256,  , 

§  36.  Unnamed  member  of  group  of 
persons. 

Liability  to  individual  for  general  reflec- 
tion upon  the  business  in  which  he  is 
engaged.     5  L,R,A.(N.S.)   480. 

Right  of  one  not  speciallj'  named  to  main- 
tain action  for  libel  or  slander 
based  on  charges  made  against  a 
class  or  group  of  persons  to  which 
he  belongs.  23  L.R.A. (N.S.)  726; 
25  L.R.A.(N.S,)  382;  42  L,R,A, 
(N,S,)  870,^ 

c.  Defenses;  justification. 

§   37,  Generally. 

Effect  of  mistake,  see  Mistake,  §  17. 

Right  to  open  default  as  affected  bv  char- 
acter of  defense,     L.R.A.1916F,'  855. 

Intoxication  of  defendant  as  defense  to 
liabilitv  for  libel  or  slander.  51  L.R.A. 
•      (N.S.)' 1199. 

Instigation  of  criminal  libel  as  a  defense  to 
prosecution,     30  L.R.A.  (N.S,)    953, 

§   38.  Truth  as  defense. 

Generally.     21  L.R.A.  502;  31  L.R.A, (N,S,) 

132;  50  L.R.A.(N.S.)    1040. 
Effect  of  motives  and  reasons,     21   L.R.A. 

503. 
Effect  of  pardon  or  discharge.     21  L.R.A, 

503;  31  L.R.A.(N.S.)    147. 
Justification  as  to  the  whole  of  the  charge. 

21   L.R.A.  504. 


Begin  tcHth  this  hooTc  on  every  laiv  question. 


LIBEL  AND  SLANTDER,  IV.  c— cont'd 

Justifying  as  to  the  imputation.  21  L.R.A. 
506. 

Justification  by  giving  the  particulars.  21 
L.R.A.  507. 

Justification  as  to  the  identity  of  tlie  of- 
fense charged.     21  L.R.A.  508. 

Criminal  prosecutions  for  libel.  21  L.R.A. 
509. 

State,  constitutional,  and  statutory  provi- 
sions. 21  L.R.A.  512;  SI  L.R.A, (N.S.) 
135, 

Character  and  sufficiencv  of  proof.  31 
L.R.A,(N,S.)  136;  '50  L.R.A,  (N,S,) 
1041. 

Pleading  and  proving.  21  L,R,A,  511:  31 
L.R.A.  (N.S.)  138;  50  L.R.A,{N.S,) 
1024, 

§  3  9,  Mutual  vituperation  or  defama- 
tion  as  affecting  remedy. 

Libel,    28  L.R.A.  721. 
Slander.     28  L,R.A.  724. 
Time  and  connection  of  charges.    28  L.R.A. 
724. 

d.  Pleading;  evidence;  province  of 
jury. 

§40.  Pleading. 

Pleading  truth  as  defense,     21  L,R,A.  511; 
31  L.R.A.(N.S,)    138;  50  L,R.A.(N.S.) 
1042. 
Right  to  plead  inconsistent  defenses  in  ac- 
tions for.     48  L.R.A.  201. 
Pleading   in   action   for   defamation   of   un- 
named   person.     48    L,R,A,  (N,S.) 
361, 

§   41.  Evidence. 

Sufficiency  of  evidence,  see  Evidence,  §  314, 

Husband  and  wife  as  witnesses  in  action 
against  them  for  libel  or  slander  by 
wife,     30   L.R.A.   529. 

Proof  of  truth  set  up  as  defense.  21  L.R.A. 
511:  31  L.R.A.{N.S.)  138;  50  L.R.A. 
(N.S.)    1041, 

Admissibility  of  evidence  in  action  for 
defamation  of  unnamed  person.  48 
L,R,A,(N,S.)    363. 

Evidence  in  mitigation  in  action  against 
husband  and  wife  for  wife's  slander  or 
libel.     30  L.R.A.  529. 

Admissibility  of  opinion  of  witness  as  to 
damaging  effect  of  libel  or  slander,  35 
•  L,R.A.(N.S,)    1119. 

Opinions  of  witnesses  as  to  identity  of  per- 
son referred  to.     48  L.R.A,(N.S,)    364, 

Right  of  one  to  testifv  as  to  his  intent,  23 
L.R.A. (N.S.)    392. 

Necessity  that  plea  of  justification  or  privi- 
lege correspond  to  words  imputed  to  de- 
fendant by  complainant.  28  L.R.A. 
(N.S.)   551. 

§  42.  — presumption  and  burden  of 
proof. 

May  malice  which  will  preclude  qualified 
privilege  be  inferred  from  publication 
alone.     12  L.R.A.  (N.S.)    91. 


INDEX  TO  L.R.A.  NOTES. 


LIBEL  AND  SLANDER,  IV.  d— cont'd 

Circumstances  from  which  malice  may  be 
inferred  by  giving  or  refusing  informa- 
tion as  to  character  or  reputation  of 
servant.     4  L.R.A.(N.S.)    1115. 

Burden  of  showing  good  faith  in  making 
privileged  communication.  3  L.R.A. 
(N.S.)   696. 

Effect  of  admission  to  change  burden  of 
proof  and  right  to  open  and  close  in 
action  for  libel.  61  L.R.A.  538,  547, 
556. 

As  to  privilege  of  witness  with  respect  to 
defamatory  testimony.     4  B.  R.  C.  945. 

§   43.  — in   criminal   prosecution. 

Proof  of  corpus  delicti  in  prosecution  for. 

68  L.R.A.  77. 
Evidence  of  other  crime  in  prosecution  for. 

62  L.R.A.  230. 

§   44.  Province  of  jury. 

See  Trial,  §  38. 

V.  Criminal  responsibility. 

§   45..  Generally. 

Evidence  in  criminal  prosecution,  see  supra, 
§  43. 

Master's  liability  for  libel  by  servant.  43 
L.R.A. (N.S.)    37. 

Criminal  responsibility  of  corporation  for 
libel.     2  B.  R.  C.  249. 

Criminal  action  for  libel  or  slander  of  cor- 
poration.    52   L.R.A.   529. 

Criminal  liability  for  agent's  act.  41  L.R.A. 
653. 

Prosecution  for  criminal  slander  in  imput- 
ing want  of  chastity  to  woman.  48 
L.R.A.(N.S.)  618. 

Venue  of  offense  of  libel.  49  L.R.A. (N.S.) 
941. 

Truth  as  a  defense  in  criminal  prosecution 
for  libel.  21  L.R.A.  509:  31  L.R.A. 
(N.S.)    132;   50  L.R.A. (N.S.)    1040. 

Instigation  of  criminal  libel  as  defense  to 
prosecution.     30  L.R.A. (N.S.)   953. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.  673 ;  L.R.A.1915C,  570. 


lilBERAIj  CONSTRUCTION. 

Of  statutes,  see  Statutes,  §  26. 


lilBERTY. 


Constitutional  restraint  on,  see  Constitu- 
tional Law,  IX. 

Constitutional  freedom  of  speech  and  of  the 
press,  see  Constitutional  Law,  IX.  h. 

As  to  imprisonment,  see  Impbisonment. 


lilBERTY    POIiE. 


Municipal    liability    for    injury    by   liberty 

pole  in  street.    20  L.R.A. (N.S.)   607. 
Consult  also  L.R.A.  Digests  of  Cases. 


lilBRARY. 

Exemption  from  taxation  when  not  includ- 
ed €0  nomhie  in  exemption  statute.  24 
L.R.A.  (N.S.)   1205. 

Effect  on  exemption  from  taxation  of  fact 
that  library  otherwise  exempt  is  de- 
voted to  purposes  of  particular  society. 
10  L.R.A.  (N.S.)   850. 

Diversion  of  property  donated  for  public 
library  to  other  uses.  45  L.R.A. (N.S.) 
368. 


lilCENSE. 

I.  Front  private  persons,   §§  1-11, 
a.  In  general,  §§  1-9. 
h.  Revocation;     forfeiture,     §§ 
10,  11. 
II.  From  public;   of  right  to   do   busi- 
ness, §§  12-49. 

a.  In  general,   §§   12-16. 

b.  Revocation,   §§   17,  IS. 

c.  On    what    business,    occupa- 

tion, etc.,  §§  19-45. 

d.  Uniformity      and      equality; 

discrimination,  §§  4G,  46a. 

e.  Amount;  grading  of  fee,  §§ 

47-49. 

I,  From  private  persons, 
a.  In  general. 

§   1.  Generally. 

To  maintain  dam,  see  Dams,  §  2. 

To   use  railroad   property,   see   Railboads, 

§  8. 

Effect  of  license  to  cut  timber  to  pass  title 
to  the  same.     47  L.R.A.(N.S.)    877. 

License  to  discharge  water,  snow,  or  ice 
from  roof  upon  premises  of  adjoining 
owner.     L.R.A.1916A,  096. 

Right  to  compensation  for  railroad  struct- 
ure placed  by  licensee  on  land  before 
condemnation.     66  L.R.A.  45. 

Relation  between  a  licensor  and  the  serv- 
ants of  the  licensee.     37  L.R.A.  65. 

Membership  in  association  as  condition  of 
right  to  transact  particular  kind  of 
business.     6  L.R.A. (N.S.)   433. 

Effect  of  license  to  commit  a  breach  of  a 
condition  subsequent  with  respect  to 
real  property,  or  the  waiver  of  a  past 
breach  thereof,  to  extinguish  the  condi- 
tion.    11  L.R.A. (N.S.)   398. 

Right  to  compensation  of  licensee  of  land 
taken  in  condemnation  proceedings.  21 
L.R.A.  219. 

Does  subsequent  wrongful  act  by  one  who 
enters  premises  under  license  from 
owner  or  occupier  make  him  a  tres- 
passer ah  initio?    27  L.R.A, (N.S.)   442. 

§   2.  What  constitutes. 

Interest  of  owner  in  burial  lots  as.  67 
L.R.A.  120;  L.R.A.1918A,  147. 

Oral  sale  of  standing  timber  as  a  license. 
19  L.R.A.  722. 


828 


INDEX  TO  L.R.A.  NOTES. 


LICENSE,  T.  a— cont'd 

Ticket  to  place  of  amusement  as.     L.R.A. 

1916E,  253. 
Theatre  ticket  as  a  license.    1  L.R.A.  (N.S.) 

1184;  43  L.R.A.(N.S.)   961. 
Distinguished  from  lease.     18  L.R.A.  491. 
When  instrument  creating  right  in  minerals 

in   land   is  to  be  regarded  as   a  lease, 

as    distinguished    from    a    license.      26 

L.R.A.  (N.S.)    614. 

§   3.  To  use  patent  or  patented  article. 

License  of  employer  by  employee,  to  use  lat- 
ter's  inventions.     5  L.R.A.  (N.S.)    1181. 

Master's  license  to  use  thing  patented  by 
servant.      2   L.R.A. (N.S.)    1176. 

Right  to  sell,  after  expiration  of  license, 
articles  manufactured  under  license 
from  patentee.     43  L.R.A. (N.S.)    142. 

Right  of  licensee  to  make  alterations  in 
patented  article.     3  B.  R.  C.  337. 

§   4.  As  to  waters  and  water  rights. 

To  pollute  waters.     48  L.R.A.  705. 

To  dam  back  water  of  stream.  59  L.R.A. 
836. 

Right  of  licensee  to  sue  for  injury  by 
damming  back  water  of  stream.  59 
L.R.A.  899. 

Nature  and  extent  of  right  created  by  priv- 
ate grant  of  fishing  license.  40  L.R.A. 
(N.S.)    299. 

§   5.  Liability  of   licensee. 

Liability  of  railroad  licensee  to  its  servant 
for  condition  of  track.  6  L.R.A. 
(N.S.)    787. 

§   6.  Liability  for  acts  of  licensee. 

Liability  for  work  of  independent  contract- 
or performed  under  license.  14  L.R.A. 
834. 

§    7.  —liability  of  railroad  company. 

Liability  of  owner  of  railroad  for  injury 
caused  by  negligence  of  another  com- 
pany using  road  under  license.  44 
L.R.A.  737;  L.R.A.1918E,  255. 

Liability  of  railroad  company  for  injury 
to  one  riding  •  on  train  run  over  its 
tracks  by  another  company  under  li- 
cense through  negligence  of  licensee. 
36  L.R.A.(N.S.)   887. 

§   8.  — liability  of  municipality. 

Municipal  liability  for  defect  or  obstruction 
in  street  by  person  under  a  license 
from  the  city.     20  L.R.A. (N.S.)   547. 

Liability  of  municipality  licensing  nuis- 
ance.    32  L.R.A.(N.S.)    895. 

Municipal  notice  or  knowledge  of  nuisance 
in  highway  created  under  license.  20 
L.R.A.(N.S.)    705. 

§   9.  Liability  for  injury  to  licensee. 

Liability     for     injury     to,     generally,     see 

Negligence,  §§  20-23a. 
On  elevator,  see  Elevators,  §  4. 
On   railroad  track,   see  Railroads,  VII, 


Begin  tvith  this  book  on  evert/  law  question 


LICENSE,  I.  a— cont'd 

Liability  of  owner  of  elevator  for  injury  to» 

15  L.R.A. (N.S.)   402. 
Liability  for  injury  to  trespasser  or  bare 

licensee  at  station  by  train.     41  L.R.A. 

(N.S.)    162. 
Liability  of  lessor  for  injuries  to.     L.R.A.. 

1916F,  1132. 

ft.  Revocation;    forfeiture, 

§    10.  Generally. 

Right  to  revoke  so-called  license  which  is  in 
nature   of   lease.     1    L.R.A. (N.S.)    359. 

Trespass  against  licensee  in  possession 
after  revocation  of  license.  28  L.R.A, 
519. 

Time  for  removal  of  building  after  revoca- 
tion of  parol  license.  2  L.R.A. (N.S. ^ 
]002. 

Forfeiture  of  license  by  aiding  infringement 
of,  or  attempt  to  defeat  patent.  37 
L.R.A.(N.S.)    821. 

§  11.  After  licensee  has  incurred  ex- 
pense. 

Revocability  of  license  to  maintain  a  bur- 
den on  land,  after  the  licensee  ha& 
incurred  expense.  49  L.R.A.  497 ; 
19  L.R.A.(N.S.)  700;  25  L.R.A. 
(N.S.)    727. 

EflFect  of  incurring  expense  upon  parol  li- 
cense to  drain  water  onto  one's  prop- 
erty.    6  L.R.A.  (N.S.)    154. 

Compensation  upon  revocation  of  license 
with  respect  to  real  property.  44 
L.R.A.  (N.S.)    557. 

II.  From  public;  of  right  to  do  business., 
a.  In  general. 

§    12.  Generally. 

As  interference  with  commerce,  see  Com- 
merce, §  18. 

Constitutional  power  to  regulate  business 
and  occupation  generally,  see  Consti- 
tutional Law,  §§  39-176. 

For  sale  of  liquors,  see  Intoxicating 
Liquors,  III. 

Marriage  license,  see  Marriage,  §  5. 

Municipal  control  of  generally,  see  Mu- 
nicipal Corporations,  §§  42-50. 

Recovery  back  of  license  fee  paid,  see  As- 
sumpsit, §  9. 

Effect  of  devise  or  bequest  of  business  to 
pass  license.     L.R.A.1917D,  439. 

Constitutionality  of  statute  making  license, 
occupation,  or  privilege  tax  a  lien  on 
real  property  owned  by  one  other  than 
the  person  assessed.  20  L.R.A. (N.S.) 
42. 

May  a  municipal  corporation  question  the 
validity  of  an  ordinance  or  license  un- 
der which  a  business  is  being  conduct- 
ed, in  a  prosecution  for  carrying  on 
such  business.     21  L.R.A. (N.S.)    299. 

Taxation  of  business  or  occupation  of  a 
public  service  corporation  and  taxation 
of  its  franchises  or  right  to  occupy  the 
streets  as  double  taxation.  28  L.R.A. 
(N.S.)    221. 


INDEX  TO  L.R.A.  KOTES. 


829 


LICENSE,  II.  a— cont'd 

Privilege  or  occupation  tax  on  rights  is- 
suing out  of  or  connected  with  real 
property  as  a  property  tax  within  the 
constitutional  provision.  L.R.A.1918C, 
898. 

Effect  of  violation  of  law  taxing  occu- 
pations on  validity  of  fire  insurance. 
40  L.R.A.  848. 

Requisites  of  special  verdict  in  prosecution 
for  violation  of  license  law.  24  L.R.A. 
(N.S.)   15. 

Criminal  responsibility  of  corporation  for 
offenses  against  statutes  for  licensing 
occupations.     2  B.  R.  C.  250. 

Federal  courts  following  state  decisions  as 
to  validity  of  license  ordinance.  40 
L.R.A. (N.S.)    442. 

Applicability  of  license  statute  or  ordinance 
to  one  who  is  not  in  the  general  prac- 
tice of  a  profession  or  trade,  but  is  em- 
ployed exclusively  by  another.  L.R.A. 
1938D,  287. 

§    13.  Power  as  to  generally. 

Delegation  of  municipal  power  as  to.  20 
L.R.A.  721. 

Right  to  delegate  power  to  impose  license 
fee  on  vehicle  for  use  of  street.  36 
L.R.A.  41G. 

Authority  of  municipality  to  impose  license 
fee  on  vehicle  for  use  of  streets. 
36  L.R.A.   413. 

Power  of  city  to  extend  exercise  of  taxing 
or  licensing  power  beyond  the  corpo- 
rate limits.  15  L.R.A.  (N.S.)  294; 
L.R.A.1918C,  528. 

Power  of  municipality  over  intenirban  vehi- 
cles used  for  hire,    L.R.A.1918B,  891. 

Power  of  municipality  to  make  constituent 
elements  or  operations  of  a  business 
independent  subjects  of  license  tax.  5 
L.R.A.(N.S.)   619. 

§   14.  Effect  of  license  generally. 

Exemption  of  street  railway  from  paving 
assessment  on  payment  of  license  fees. 
46  L.R.A.  197. 

License  to  engage  in  profession  or  occu- 
pation as  creating  a  vested  right  to 
continue  in  same.  8  L.R.A.  (N.S.) 
1272. 

EflFect  of  license  to  commit  nuisance.  36 
L.R.A.  609. 

Effect  of  legislative  license  to  use  highway 
on  abutter's  right  to  compensation  for 
railroad  in  street.  36  L.R.A.(N.S.) 
686. 

§  15.  Effect  of  failure  to  procure  or 
pay  for  license. 

Validity  of  contract  by  unlicensed  person, 

see  Contracts,  §  74. 
Failure  of  physician  to  procure  license,  see 

Physicians  and  Surgeons,  §  9. 

Right  to  kill  unlicensed    dogs.     15    L.R.A. 

249. 
Consult  also  L.R.A.  Digests  of  Cases. 


LICENSE,  II.  a— cont'd 
Operating  automobile  on    highway    without 
.a    license.     23    L.R.A.  (N.S.)     561;     25 

L.R.A.  (N.S.)      734;      35     L.R.A.  (N.S.) 

699;    41   L.R.A.(N.S.)    308;    52   L.R.A. 

(N.S.)    801;   L.R.A.1916D,  628;   L.R.A. 

1916E,  1225. 
Extent  of  restriction  on  right  of  unlicensed 

person   to   transact  legal   business.     24 

L.R.A. (N.S.)    750. 
Right   of   unlicensed   person  to   recover   for 

services  performed  by  licensed  one.     2 

L.R.A.(N.S.)      392;     21     L.R.A.(N.S.) 

176. 
Effect  of  loan  agent's  failure    to    procure 

license.     1  L.R.A.  (N.S.)    1159. 

§    16.  — liability  of  agent  or  employee. 

Liability  of  agent  or  employee  in  case  li- 
cense tax  is  not  paid  by  employer.  12 
L.R.A.(N.S.)   946;  L.R.A.1915A,  106. 

b.  Revocation. 

§   17.  Generally. 

License  of  foreign  corporation,  see  Corpo- 
rations, §  141. 

Of  physician's  license,  see  Physicians  and 
Surgeons,  §  10. 

Of  teacher's  license,  see  Schools,  §  14. 

Revocation  of  license  of  interstate  tele- 
graph and  telephone  companies.  24 
L.R.A.  165. 

Interference  by  court  with  revocation  of 
teacher's  license.  15  L.R.A.  (N.S.) 
1148. 

Revocation  of  license  of  foreign  insurance 
company  on  account  of  removal  of  ac- 
tion to  Federal  court.  1  L.R.A. (N.S.) 
1019. 

Revocation  of  municipal  license  for  build- 
ing.    1  L.R.A.(N.S.)    458. 

Right  to  revoke  a  license  from  the  public 
without  notice  or  hearing.  13  L.R.A. 
(N.S.)   894. 

For  moving  picture  show.  40  L.R.A. 
(N.S.)    194. 

Of  license  for  operation  of  jitney  bus. 
L.R.A.1916B,   1158. 

§18.  Power   to   revoke   license. 

Effect  of  expenditure  of  money  in  reliance 
upon   license   from   the  public,   to   pre- 
vent revocation  thereof  in  the  interest 
of  public  health.     9  L.R.A. (N.S.)    733. 
Power  of  municipalitj^  to  revoke  license  to 
carry     on     business.       35     L.R.A. 
(N.S.)  716. 

c.  On  what  business,  occupation,  etc. 

§   19.  Generally. 

License  tax  on  dogs,  see  Animals,  §  19. 

Of  attorneys,  see  Attorneys,  §  6. 

Of  broker,  generally,  see  Bkokebs,  §  7. 

Of  dentist,  see  Dentists. 

Of  innkeeper,  see  Innkeepers,  §  2. 

To  school  teacher,  see  Schools,  §§  13,  14. 

To    pliysician,    see    Physicians    and    Sub- 

GEONS,   §§   8-10. 
License  tax  on  dogs,  see  Animals,  §  19.       ' 


830 


INDEX  TO  L.R.A.  NOTES. 


LICENSE,  II.  c— cont'd 
For    sale    of    intoxicating  liquors,  see  In- 
toxicating LiQTTOBS,  §§  9-16. 
For  keeping  stallions,  see  Stallions,  §  2. 

License  tax  on  purcliasers  of  tax  titles.    47 

L.R.A.(N.S.)    1078, 
Of  public  buildings    for    private    purposes. 

33  L.R.A.  118. 
To  cut  timber  on  public  land.     70  L.R.A. 

900. 
C!onstitutionality  of  Blue  Sky  Laws.    L.E.A. 

1917F,  524. 

§  20.  Illegal  business. 

Power  of  consul  to  license  illegal  acts.  45 
L.R.A.  500. 

Liability  for  privilege  tax  on  illegal  busi- 
ness or  business  illegally  conducted.  22 
L.R.A.(N.S.)    949. 

§   21.  Architects. 

Regulation  of  architects.  36  L.R.A.  (N.S.) 
1203. 

Validity  of  contract  by  unlicensed  archi- 
tect.    12  L.R.A. (N.S.)   614. 

§   21a.  Auctioneers. 

Discrimination  against  nonresidents  by 
statute  or  ordinance  imposing  license 
tax  on  auctioneers.  40  L.R.A. (N.S.) 
290. 


§   22.  Automobiles. 

License  on  automobiles.  1  L.R.A. (N.S.) 
215. 

Validity  of  exercise  or  license  tax  upon 
automobiles.  37  L.R.A. (N.S.)  440;  52 
L.R.A.(N.S.)   949;  L.R.A.1915D,  322. 

Motorcvcle  as  a  motor  vehicle  within  stat- 
ute.    21  L.R.A. (N.S.)    41. 

Operating  automobile  on  highway  without 
license.  23  L.R.A.  (N.S.)  561;  25 
L.R.A.  (N.S.)  734;  35  L.R.A.  (N.S.) 
699;  41  L.R.A.  (N.S.)  308;  52  L.R.A. 
(N.S.)  801;  L.R.A.115D,  628;  L.R.A. 
1916E,  1225. 

8  22a.  Barbers. 

Validity  and  effect  of  license  tax  on  barb- 
ers.    40  L.R.A.(N.S.)    637. 

§  22b.  Boarding  or  lodging  houses,  or 
restaurants. 

Power  to  impose,  generally.  L.R.A. 1915B, 
1097. 

Vesting  power  in  board  or  in  commis- 
sioners.    L.R.A.1915B,   1100. 

Effect  of  imposition  of  other  tax.  L.R.A. 
1915B,  1100. 

Reasonableness  and  classification.  L.R.A. 
1915B,   1100. 

Violation  of  provision  against  special  or 
local  laws.    L.R.A.1915B,  1101. 

§  23.  Dance  hall;   dancing. 

Requiring  license  for  dance  hall  or  place 
where  dancing  is  taught.  27  L.R.A. 
(N.S.)    357;   51  L.R.A.(N.S.)    1009. 

Begin  tvith  this  hoolc  on  every  law  question. 


LICENSE,  II.  c— cont'd 

§   24.  Disorderly  houses. 

Unlawfully  issuing  license  for  disorderly 
house  as  keeping  same.  29  L.R.A. 
(N.S.)    721. 

§   24a.  Draymen. 

See  infra,  §  43. 

§   24b.  Druggists. 

See  Dbugs  and  Druggists,  §  3. 

§  25.  Electricians  and  electrical  work. 

Power  of  municipality  to  regulate  elec- 
tricians and  installation  of  electrical 
work.     36  L.R.A.(N.S.)    78. 

§   26.  Employment  agencies. 

Police  power  to  license  employment  agen- 
cies. 2  L.R.A. (N.S.)  859;  21  L.R.A. 
(N.S.)   263;  L.R.A.1916E,  1150. 

§   2  7.  Ferries. 

To  establish  ferry.  59  L.R.A.  515;  L.R.A. 
1916D,  832. 

License  fees  from  ferry.     59  L.R.A.  533. 

Power  of  state  or  municipality  to  impose 
license  tax  on  international  or  inter- 
state ferries.     52  L.R.A.(N.S.)    574. 

§   28.  Fish;    shell    flsh;    oysters. 

Of  right  to  iish.    60  L.R.A.  505. 

Effect   of    license    to     plant     shell     fish.     5 

L.R.A.(N.S.)   247. 
Of  right  to  take  oysters  in  public  waters. 

60  L.R.A.  517. 

§   2  9.  Foreign  corporations. 

On  foreign  corporation.     24  L.R.A.  293. 
On  foreign  insurance  companies.     24  L.R.A. 

299. 
Discrimination  against  foreign  corporations 

by     statute     or     ordinance     imposing 

license  or  occupation    tax.     40    L.R.A. 

(N.S.)    289. 
Revocation  of  license  for  removal  of  action 

to     Federal     court.       1     L.R.A.  (N.S.) 

1019. 
Withdrawal    or    attempted    withdrawal    of 

foreign  corporations  as  affecting  power 

of    state    to    exact    a    privilege    tax. 

L.R.A.1916C,  577. 

§  30.  Importers. 

Invalidity  of  license  tax  on  importer.  11 
L.R.A.  180.* 

§   30a.  Jitney  busses. 

Necessity  of  license  to  operate  jitney  bus. 

L.R.A.1918B,  914;  L.R.A.1918F,  475. 
License    fee    as    occupation    tax.      L.R.A. 

1915F,  842. 

§  31.  Junk,   second  hand   goods,   etc. 

Municipal  control  of.  generally,  see  Mu- 
nicipal Corporations,  §  48. 

Power  to  regulate  traffic  in  rags,  second- 
hand articlos,  and  junk.  32  L.R.A. 
116;  24  L.R.A. (N.S.)   1168. 


INDEX  TO  L.R.A.  NOTES. 


831 


LICENSE,  II.  c— cont'd 

Power  of  municipality  to  require  separate 
license  for  each  kind  of  second-hand 
goods  dealt  in.     5  L.R.A.  (N.S.)   G20. 

§   32.  Loans;  loan  brokers. 

Municipal  control  of,  generally,  see  Mu- 
nicipal COKPOBATIONS,  §  45. 

Validity   of   contract  by   unlicensed   money 

lender.      12   L.R.A.(N.S.)    616;    L.R.A. 

1915B,  851. 
Effect  of  loan  agent's    failure    to    procure 

license.     1  L.R.A.  (N.S.)    1159. 
Are  persons  engaged  in  loaning  their  own 

money     loan     brokers     within     license 

regulations.     25    L.R.A. (N.S.)    748. 
Validity   of   license  on   business   of   lending 

money  as  affected  by  amount  of  license 

fee.     25  L.R.A.  (N.S.)    583. 

S    32a.  Lodging  houses. 
See  supra,  §  22b. 

§    33.  Markets. 

Municipal  control  of,  generally,  see  Mu- 
nicipal Corporations,  §  44. 

Requiring  license  for  sales  in  market.  24 
L.R.A.  584. 

§   34.  Milk. 

Requiring  license  for  sale  of  milk.  1 
L.R.A.(N.S.)  936;  27  L.R.A.  (N.S.) 
1151;  L.R.A.1917C,  245. 

§   34a.  Moving  picture  show. 

Municipal  control  of,  generally,  see  Mu- 
nicipal Corporations,  §  46. 

For  moving  picture  show.  40  L.R.A. (N.S.) 
193. 

8   35.  Peddlers  and  hawkers. 

Delegation  of  municipal  power  as  to  license 
of.     20  L.R.A.  724. 

Who  is  a  peddler  or  hawker.  L.R.A. 1916B, 
1293. 

Requiring  license  for  sale  of  milk.  1  L.R.A. 
(N.S.)  936;  27  L.R.A.  (N.S.)  1151; 
L.R.A.1917C,   245. 

Validity  of  contract  by  unlicensed  peddlers. 
]2  L.R.A.  (N.S.)   616. 

Validity  of  ordinance  regulating  conduct  of 
licensed  street  hucksters  or  peddlers. 
8  L.R.A. (N.S.)    304. 

Validity  of  license  or  occupation  tax  on 
hawkers  and  peddlers  and  persons  en- 
gaged in  soliciting  orders  by  sample  or 
otherwise  as  an  exercise  of  the  police 
power.  19  L.R.A.  (N.S.)  301;  28 
L.R.A.  (N.S.)   265. 

Validity  of  license  tax  so  high  as  to  be  pro- 
liibitory  in  effect.  35  L.R.A.  (N.S.) 
1074. 

Discrimination  against  nonresidents  by 
statute  or  ordinance  as  to  license.  40 
L.R.A. (N.S.)   286,  289. 

Right  to  discriminate  between  harmless 
articles  in  legislation  regulating  ped- 
dlers. 21  L.R.A.(N.S.)  349;  35  L.R.A. 
(N.S.)  1079;  40  L.R.A.{N.S.)  1207; 
L.R.A.1918B,  853. 

Consult  also  L.R.A.  Digests  of  Cases. 


LICENSE,  II.  c— cont'd 

§3  6.  Persons    employed    on    vessels. 

Of  master  and  other  persons  employed  on 
vessel.     2  L.R.A.  380.* 

§3  7.  —pilots. 

Of  pilots.     39  L.R.A.  183. 

§    38.  Plumbers. 

Delegation  of  municipal  power  as  to  license 
of  plumbers.     20  L.R.A.  724. 

Constitutionality  of  statute  requiring 
plumbers  to  secure  a  license.  5  L.R.A. 
(N.S.)  674:  8  L.R.A. (N.S.)  1116:  27 
L.R.A.(N.S.)  283;  50  L.R.A. (N.S.)  421. 

What  constitutes  a  plumbing  business  with- 
in license  statutes.  23  L.R.A. (N.S.) 
677. 

Who  must  procure  plumbers'  license.  44 
L.R.A.  (N.S.)   1072. 

Validity  of  contract  witli  unlicensed  plumb- 
er.    12  L.R.A. (N.S.)  617. 

Right  of  unlicensed  plumber  to  recover  for 
services  rendered  by  licensed  one.  2 
L.R.A.(N.S.)  392;  21  L.R.A.  (X.S.) 
176. 

§39.  Professional  school  or  college. 

Determining  character  of  standing  of  pro- 
fessional school  or  college  for  purpose 
of  license  statutes.  22  L.R.A. (N.S.) 
735. 

§   39a.  Restaurants. 

See  supra,  §  22b. 

§40.   Shops.  ' 

Power  of  municipality  to  require  license  for 
shops.     24  L.R.A.  585. 


§   40a.  Tax  brokers. 

License    tax    on    tax    brokers. 
(N.S.)   1078. 


47    L.R.A. 


§   41.  Telegraj)!!  or  telephone  company. 

Municipal  control  of,  generally,  see  Mu- 
nicipal Corporations,  §  49. 

License  for  doing  interstate  telegraph  and 
telephone   business.     24   L.R.A.   161. 

State  statutes  imposing  license  fees  on  tele- 
graph companies.     31  L.R.A.  808. 

Imposing  license  fee  on  telegraph  or  tele- 
phone company  for  use  of  streets.  1 
L.R.A.(N.S.)    581. 

Validity  of  license  fee  exacted  of  telegraph 
or  telephone  company  as  affected  by 
amount.     27  L.R.A. (N.S.)   627. 

§   42.  Trading  stamps.  , 

Right  to  impose  license  tax  on  use  of  trad- 
ing stamps.  2  L.R.A.(N.S.)  592;  49 
L.R.A.(N.S.)    1123;    L.R.A.1917A,  433. 

§43.  Vehicles. 

On  automobile,  see  supra,  §  22. 
On  jitney  busses,  see  supra,  §  30b. 

Power  of  municipality  over  interurban  vehi- 
cles used  for  hire.    L.R.A.1918B,  891. 
License  fee  for  use  of  streets  by  vehicles. 
36  L.R.A.  413. 


832 


INDEX  TO  L.R.A.  NOTES. 


LICENSE,  II.  c— cont'd 

Of  draymen,  cartmen,  etc.  45  L.R.A.  (N.S.) 
1152. 

Validity  of  license  tax  on  vehicles  used  in 
business  for  which  a  general  occupation 
tax  is  required.     21  L.R.A,(N.S.)    279. 

Applicability  to  vehicles  owned  by  nonresi- 
dents of  city  ordinance  imposing  a  li- 
cense upon  the  use  of  vehicles.  23 
L.R.A. (N.S.)    453. 

Discrimination  as  to  amount  of  tax  or  li- 
cense fee  on  different  vehicles  as  affect- 
ing validity  of  tax.  16  L.R.A. (N.S.) 
1035;    21   L.R.A. (N.S.)    83. 

Discrimination  as  to  vehides  subject  to 
license  tax  for  use  of  highway  as  af- 
fecting validity  of  tax.  42  L.R.A. 
(N.S.)   506. 

Right  to  grade  license  tax  according  to 
number  of  animals  or  vehicles  em- 
ployed in  the  business.  12  L.R.A. 
(N'.S.)    568. 

Discrimination  against  nonresidents  by 
ordinance  imposing  license  tax.  40 
L.R.A.(N.S.)    291. 

§   44.  Use  of  streets  generally. 

On  vehicles,  see  supra,  §§  22,  43. 

License  of  gasolene  stations  in  street. 
L.R.A.1917F,  1005. 

Imposing  license  on  telegraph  or  telephone 
company  for  use  of  streets.  1  L.R.A. 
(N.S.)   581. 

Requiring  license  for  sales  upon  streets. 
24  L.R.A.  585. 

Discrimination  as  to  persons  subject  to 
license  or  privilege  tax  for  use  of  high- 
way as  affecting  validity  of  tax.  42 
L.R.A. (N.S.)    506, 

§   44a.  Warehouses. 

Warehouse  used  exclusively  for  owner's 
goods  or  products  as  subject  of  license 
tax.     39  L.R.A. (N.S.)    803. 


^   4  5.  Wharves. 

Right  to  erect  wharves  under  license. 
L.R.A.  640. 


40 


■d.  Uniformity   and   equality;   discrimi- 
nation. 

%   4  6.  Generally. 

As  to  licenses  for  sale  of  intoxicating  li- 
quors, see  Intoxicatixg  Liquob  §§ 
9-16. 

in  taxes  generally,  see  Taxes,  §§  8,  9.   • 

Equal  privileges  and  immunities  as  to.  14 
L.R.A.  582. 

Discrimination  with  respect  to  occupation 
tax  based  on  classification  of  munici- 
palities.    15  L.R.A. (N.S.)    195. 

Right  to  discriminate  between  harmless 
articles  in  legislation  regulating  ped- 
dlers. 21  L.R.A. (N.S.)  349;  35  L.R.A. 
(N.S.)  1079;  40  L.R.A.(N.S.)  1207; 
L.R.A.1918B,  853. 

Discrimination  as  to  amount  of  tax  or 
license  fee  on  different  vehicles.  16 
L.R.A.(N.S.)  1035;  21  L.R.A.  (N.S.) 
83. 


Begin  "with,  this  hooTc  on  every  law  question. 


LICENSE,  II.  c— cont'd 

Discrimination  in  license  tax  on  dravmen. 
45  L.R.A. (N.S.)    1158. 

Discrimination  in  license  tax  on  automo- 
biles.    52  L.R.A.  (N.S.)    950,  di)'.K 

In  license  tax  on  jitnev  busses.  L.R.A. 
1918B,  914;  L.R.A.l'Jl8F,  475. 

Discrimination  as  to  persons  or  vehicles 
subject  to  license  or  privilege  tax  for 
use  of  highway,  as  affecting  validity  of 
the  tax.     42  L.R.A.iN.S.)    .506. 

Right  to  grade  license  tax  according  to 
number  of  animals  or  vehicles  em- 
ployed in  the  business.  12  L.R.A. 
(N.S.)   568. 

Right  to  discriminate  between  parts  of  a 
city  as  to  amount  of  license  fees.  21 
L.R.A.  (N.S.)   192. 

In  case  of  license  to  keep  inn,  hotel,  board- 
ing or  lodging  house  or  restaurant. 
L.R.A.1915B,   1100. 

§   46a.  Against  nonresidents  or  aliens. 

Discrimination    between    residents     of     city 
and     other     residents     of     state.       16 
L.R.A.  49. 
Discrimination     against     nonresidents,     by 
statute     or     municipal     ordinance 
imposing     license     or     occupation 
tax.     40  L.R.A. (N.S.)    279. 
Power  of  state,  under    Fourteenth    Amend- 
ment of  Federal  Constitution,  to  deny 
aliens  right  to  engage  in  a  lawful  oc- 
cupation.    11   L.R.A.(N.S.)    799. 

e.  Amount;  grading  of  fee. 

§   4  7.  Amount  generally. 

Reasonableness   of   inspection   fees,   see   Ix- 

SPECTIOX. 

Validity  of  license  tax  on  peddlers  so  high 
as  to  be  prohibitory  in  effect.  35 
L.R.A.  (N.S.)   1074. 

Validity  of  license  upon  business  of  lend- 
ing money  as  affected  by  excess!  «• 
amount   of   fee.     25   L.R.A. (N.S. )    5»3. 

Validity  of  license  fee  exacted  of  telegrapli 
or  telephone  companies  as  affected  by 
amount.     27   L.R.A. (N.S.)    627. 

Validity  of  license  fee  exacted  of  auction- 
eers as  affected  by  amount.  51  L.R.A. 
(N.S.)   40. 

Validity  of  license  ta.x  upon  automobiles 
as  slffected  bv  amount.  52  L.R.A. 
(N.S.)  953,  959. 

Of  license  tax  on  jitney  busses.  L.R.A. 
1918F,  475. 

Validity  of  license  tax  on  sale  of  nonintoxi- 
cating  beverages  as  affected  by  amount. 
L.R.A.1917C,  463. 

Of  license  to  keep  inn,  hotel,  boarding  or 
lodging  house  or  restaurant.  L.R.A. 
1915B,  1100. 

§   48.  Limit   of  amount. 

Power  to  fix  license  fees,  generally.  30 
L.R.A.  415. 

Constitutional  restrictions  as  to  amount. 
30  L.R.A.  416. 

Graduation  of  license  fees.     30  L.R.A.  421. 

Limitations  peculiar  to  municipal  corpora- 
tions.    30   L.R.A.   423. 


INDEX  TO  L.R.A.  NOTES. 


833 


LICENSE,  II.  e— cont'd 
§   4  9.  Grading   of   fee. 

Graduation  of  license  fees.     30  L.R.A.  421. 

Rigiit  to  grade  license  tax  according  to  vol- 
ume of  business  or  amount  of  capital 
employed.  17  L.R.A.  (N.S.)  898;  49 
L.R.A'(N.S.)   955. 

Riglit  to  grade  license  tax  according  to 
number  of  animals  or  vehicles*  em- 
ployed in  the  business.  12  L.R.A. (N.S.) 
568. 

Graduated  license  tax  on  automobiles.  52 
I..K.A.(N.S.)   952. 

Grading  license  for  sale  of  milk.  L.R.A. 
1917C,  246. 


LICENSEE. 


In  general,  see  License,  I. 
Liability  for  injury  to,  see  License,  §  9. 
Municipal  liability  for  acts  of,  see  Munic- 
ipal   CORFOEATIONS,    §    85. 


LIENS. 

7.  In  general,  §§  1-4. 
II.  Equitable  liens,  §§  5-7. 
III.  For  and  on  what,  §§  S-14. 
ir.  Priorities,  §§  15-17. 

V.  Loss;  waiver;  discharge,  §§  18-20. 

I.  In  general. 

§    1.  Generally. 

Assignability  of,  see  Assignment,  §  7. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  26. 

On  corporate  stock,  see  Corporations,  §  95a. 

Takingproperty  under  eminent  domain  pro- 
ceedings subject  to,  see  Eminent  Do- 
'main,  §  26. 

Of  execution,  see  Execution. 

Lien  acquired  by  service  of  notice  in  supple- 
mentary proceedings,  see  Execution, 
§  16. 

Receiver's  power  to  create,  see  Receivers, 
§   19. 

Subrogation  to,  see  Subrogation. 

Subrogation  of  person  discharging,  see  Sub- 
rogation, §  2. 

Libel  by  filing.     16  L.R.A.  625. 

Duress  by  lien  on  real  property.    16  L.R.A. 

376. 
Necessity  of,  to  give  admiralty  jurisdiction 

of  contract.     66  L.R.A.  214. 
Implied  covenant  of  title  on  sale  of  chattels 

as  protection  against  outstanding  liens. 

16  L.R.A.(N.S.)  410. 
Estoppel  against  assorting  title  or  interest 

in   real   property   by   deceiving  one   ac- 
quiring  lien.     48   L.R.A. (N.S.)    763. 
Tenant's  or  cropper's  abandonment  of  crop 

as  aflfccting  rights  of  lienor.    46  L.R.A. 

(N.S.)    56. 
Injunction    in    favor    of,    or    against,    lien 

creditors  to  prevent  execution  sales.  30 

L.R.A.  125. 
Consult  also  L.R.A.  Digests  of  Cases. 


LIENS,  I.— cont'd 

What  fund  is  chargeable  with  costs  and  ex- 
penses of  sale  when  encumbered  prop- 
erty is  sold  in  bankruptcy  free  of  liens. 

29  L.R.A. (N.S.)  737, 

Liability  for,  as  within  express  assumption 
by  one  corporation  of  indebtedness  of 
another  on  consolidation,  merger,  or 
absorption.     26  L.R.A.(N.S.)   1104. 

On  building  as  affected  by  its  wrongful  re- 
moval and  attachment  to  land  of  a 
third  person  without  lienor's  consent. 
14  L.R.A. (N.S.)  435. 

Right  of  purchaser  to  recover  amount  paid 
to  relieve  land  from  tax,  from  one  who 
should  have  paid  the  same  but  with 
whom  he  had  no  contractual  relation- 
ship.    22  L.R.A. (N.S.)    562. 

Necessity  of  recording  instrument  creating 
lien  on  personal  property  in  state  to 
which  property  is  subsequently  re- 
moved. 64  L.R.A.  356;  35  L.R.A. (N.S.) 
385;  L.R.A.1917D,  942. 

Rights  of  life  tenant  who  pays  off,  as 
against  remainderman.  29  L.R.A.  (N.S.) 
153. 

Denial  on  information  as  to  recorded  liens. 

30  L.R.A.(N.S.)   780. 

Removal  for  separable  controversy  of  pro- 
ceedings to  foreclose.  5  L.R.A. (N.S.) 
72. 

Right  of  grantee  in  possession  to  question 
grantor's  right  to  collect  purchase 
money  in  case  of  liens  against  prop- 
erty.    21  L.R.A. (N.S.)   388. 

Necessity  of  giving  lienor  notice  of  public 
improvement.     37  L.R.A.(N.S.)   558. 

Lien  acquired  by  service  of  notice  in  sup- 
plementary proceedings.  3  L.R.A. 
(N.S.)    123. 

Amount  in  dispute  in  case  of  injunction 
against  enforcement  of  liens  against 
specific  property.     61  L.R.A.  781. 

Federal  courts  following  state  decisions  as 
to.     40  L.R.A. (N.S.)    425. 

Right  of  lienholder  to  take  advantage  of 
failure  to  file  assignment  of  building 
contract  or  of  the  money  due  there- 
under.    L.R.A.1917F,  1127. 

§   2.  Notice  of. 

Corporate  by-law  as  notice  of  lien  on  stock. 

25   L.R.A.   48;    39   L.R.A.  (N.S.)    295. 
Notice   of   title   from   possession   by   lienor. 

13  L.R.A.(N.S.)    120. 

§  3.  Eflfect  of. 

As    afi'ecting    homesetead,    see  Homestead, 

§  15. 
Of  mortgage  lien,  see  Mortgage,  II.  e. 

Effect  of  outstanding  lien  on  marketability 
of  title.     38  L.R.A. (N.S.)    30. 

Discrimination  in  taxation  between  credits 
secured  by  lien  and  those  not  so 
secured.    L.R.A.1915A,  185. 

§  4.  Purchasing  or  otherwise  taking 
property   subject   to   lien. 

Garnishment  of  claims  subject  to.  59 
L.R.A.  364. 


53 


834 


INDEX  TO  L.R.A.  NOTES. 


LIENS,  I.— cont'd 

Effect  of  lien  as  against  purchaser  at  judi- 
cial sale  without  notice.     21  L.R.A.  38. 

Right  of  vendee  of  real  estate  subject  to  a 
lien  to  raise  question  of  usury.  8  L.R.A. 
(N.S.)   814;  48  L.R.A. (N.S.)   840. 

Estoppel,  when  property  is  taken  by  emi- 
nent domain,  subject  to  certain  liens, 
to  deny  the  validity  of  the  liens.  21 
L.R.A. (N.S.)    72. 

Personal  liability  of  purchaser  of  personal 
property  which  is  subject  to  a 
lien.     59  L.R.A.  737. 

Right  of  receiver  to  take  property  from 
person  claiming  lien.  47  L.R.A. (N.S.) 
753. 

II.  Equitable  liens, 

§   5.  Generally. 

Enforcement  by  or  against  grantees  or  suc- 
cessors in  title  by  agreement  to  con- 
tribute to  cost  of  party  wall  on  theory 
of  implied  equitable  lien.  66  L.R.A. 
695. 

§   6.  How   created. 

Agreement  for  support  in  consideration  of 
conveyance,  as  basis  for  equitable  lien. 
13  L.R.A.(N.S.)  725;  28  L.R.A. (N.S.) 
607;  43  L.R.A.(N.S.)   929. 

Right  of  creditors  of  a  corporation  which 
has  transferred  all  or  substantially  all 
of  its  assets  to  another  corporation  to 
subject  the  assets  so  transferred  to  an 
equitable  lien.     5  L.R.A. (N.S.)    520. 

§   7.  Of  partners. 

Equitable  lien  of  partners  on  real  property. 

28  L.R.A.  102. 
Of  surviving  partner.     28  L.R.A.  132. 

///.  For  and  on  ivhat. 

%  8.  Generally. 

Equitable  lien,  see  supra,  §§  5-7. 

For  advances,  see  Advances,  §  2. 

Of  attachment,  see  Attachment,  §§  7-9. 

Of  attorney,  see  Attorneys,  §  22. 

Of  bank,  on  deposit,  see  Banks,  §  21. 

In  bankruptcy,  see  Bankkuptcy,  §  31. 

Of  chattel  mortgage,  see  Chattel  Mort- 
gage. 

On  corporate  stock,  see  Corporations,  §  76. 

On  growing  crop,  see  Crops,  §  4. 

On  wife's  separate  estate,  see  Husband  and 
Wife,  §  35. 

On  infant's  property,  see  Infants,  §  26. 

Of  innkeepers,  see  Innkeepers,  §  14. 

Of  judgment,  see  Judgment,  §§  58-65. 

Of  landlord,  see  Landlord  and  Tenant, 
§§    88-90. 

Maritime  liens,  see  Maritime  Liens. 

Of  meclianics  or  materialmen,  see  Mechan- 
ics' Liens. 

Of  mortgage,  see  Mortgage. 

Of  pilot,  see  Pilot,  §  3. 

Of  agent,  see  Principal  and  Agent,  §  37. 

For  purchase  money,  see  Purchase  Money, 
§  5;  Sale,  §  60;  Vendor  and  Pur- 
chaser, §§  30-35 


LIENS,  III.— cont'd 

Of  seamen  for  wages,  see  Seiajien,  §  2. 

For  supplies,  see  Supplies,  §  2. 

Of  purchaser  of  land,  see  Vendor  and  Pur- 

chaser,  §  7. 
Against  railroad  company,  see  Railroads, 

§  19. 
Tax  lien,  see  Taxes,  §§  88,  89. 
On  *rust  estate,  see  Trusts,  §  40. 
Vendors'  liens,  see  Vendor  and  Purchaser, 

III. 

Damages  for  failure  to  provide  crossing  as 
required  in  deed  to  railroad  of  right 
of  way  as  lien  upon  right  of  way.  48 
L.R.A.(N.S.)    381). 

Who  is  boarding-house  keeper  within  stat- 
ute giving  lien.     L.R.A.1918D,  402. 

Lien  of  one  other  than  innkeeper  or  board- 
ing house  keeper  who  rents  rooms  or 
apartments.     L.R.A.1915F,  665. 

For   wharfage   charges.     70   L.R.A.   209. 

Of  insurance  broker  on  policv  for  premiums 
paid  by  him.     38  L.R.A";(N.S.)   643. 

On  property  of  member  of  mutual  insurance 
company  as  security  for  his  liability. 
32  L.R.A.  504. 

Power  of  partner  to  create  lien  upon  firm 
real  property.     28  L.R.A.  97. 

Power  to  permit  receiver  of  private  corpora- 
tion to  create  liens  on  its  property.  16 
L.R.A.  603. 

Who  is  a  "farm  or  agricultural"  laborer 
within  statute  giving  lien.  19  L.R.A. 
(N.S.)   1039;  L.R.A. 1917D,  382. 

Right  of  owner  of  garage  to.  1  L.R.A. 
(N.S.)  240. 

Lien  for  rents  and  profits  received  by  co- 
tenant.  29  L.R.A. (N.S.)  236;  L.R.A. 
1918B,  609. 

On  jjroperty  of  bankrupt  of  one  whose  funds 
are  wrongfuUv  used  in  purchasing  it. 
9  L.R.A.  (N.S."^)    876. 

Right  of  servant  to  the  common-law  pos- 
sessory lien  or  its  statutory  substitute, 
for  services  in  connection  with  property. 
42  L.R.A. (N.S.)   731. 

Right  of  one  not  in  the  storage  business  to 
a  common-law  lien  for  storage  charge. 
39  L.R.A.(N.S.)    1104. 

Statutory  lien  on  property  of  third  person 
for  rental  of  personal  property  let  to 
contractor  for  use  in  work  of  a  lien- 
able  nature.  16  L.R.A. (N.S.)  585;  42 
L.R.A.(N.S.)   872. 

Validity  of  statute  or  ordinance  making 
charges  for  water  or  light  furnished 
tenant  a  lien  on  the  property.  L.R.A. 
1918D,  364. 

Constitutionality  of  statutes  giving  lien  on 
automobile  for  injuries  done  by  it. 
L.R.A.1917E,  928. 

§   9.  Of  or  against  bank. 

Of  bank  on  deposits,  see  Banks,  §  21. 

Lien  on  commercial  paper  purchased  by 
bank  after  it  hag  mingled  trust  money 
with  its  own  funds.  15  L.R.A. (N.S.) 
1100. 


Begin  tiHth  this  hooTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


835 


LIENS,  III.— cont'd 

Right  of  purchaser  of  a  draft  from  a  bank 
to  lien  oi:  preference  to  collateral  in 
hands  of  drawee  upon  insolvency  of 
the  drawer.     L.R.A.lOloB,  438. 

§    10,   Of  carrier. 

See  Cakriebs,  §  123. 

§   11.  For   repairs   and    improvements. 

By  cotenant  for  improvements.     29  L.R.A. 

456. 
By  cotenant  for  repairs.     29  L.R.A.  459. 
Express,  for  obligation  to  contribute  to  co^t 

of  party  wall.     66  L.R.A,  703,  704. 
Improvement     of      personal      property      at 

bailee's    request    as    creating    liability 

against  bailor  or  property.     38  L.R.A. 

.  (N.S.)  97. 
Right  to  lien  for  repairs  or  other  services 

under    contract   with    purchaser   under 

conditional  sale.     L.R.A. 1915D,  1141. 
Lien  upon  automobile  for  repairs  or  storage. 

L.R.A.1918D,  330. 

§    12.  —  for   public   improvements. 

For    sewer    assessment,    see    Drains    and 

Sewers,  §  14. 
Of  local  assessments  generally,  see  Public 

Improvements,  §§  30a,  31. 

§    13.  For  alimony. 

See  Divorce  and  Separation,  §  49. 

§    14.  For   keeping  animals. 

Priority  of  lien  for,  see  infra,  §  17. 

On  animals  for  cost  of  keeping.  6  L.R.A. 
82;*   17  L.R.A.  792. 

Taking  of  animal  by  general  owner  for  pur- 
pose of  defeating  lien  as  larcenv.  12 
L.R.A.(N.S.)    94. 

Waiver  of  lien  by  attachment  or  execution. 
50  L.R.A.  720. 

IV.  Priorities. 

§   15.  Generally. 

Of  chattel  mortgage  lien,  see  Chattel 
Mortgage,  §  27. 

Of  judgment  lien,  see  Judgment,  §§  61-64. 

Of  mechanics'  lien,  see  Mechanics'  Liens, 
§§  8,  9. 

Of  mortgage  lien,  see  Mortgage,  §§  35-39. 

Of  ta;.  over  other  lien,  see  Taxes,  §  89. 

Of  vendor's  liens,  see  Vendor  and  Pur- 
chaser, §  32. 

As  giving  right  of  action  to  third  party. 
25  L.R.A.  275. 

Priority  of  lien  in  distribution  of  assets 
of  insolvent  insurance  company.  38 
L.R.A.  108. 

As  between  lien  of  corporation  and  pledgee 
or  bona  fide  purchaser  of  corporate 
stock.     39  L.R.A.(N.S.)    292. 

Is  money  loaned  to  improve  land  part  of 
the  purchase  price  within  rule  that  a 
purchase  money  lien  takes  priority  over 
homestead  rights.     41  L.R.A.  (N.S.)   89. 

Priority  of  claims  against  property  in  hands 
of  receiver  over  recorded  liens.  2 
L.R.A.(N.S.)  1013;  41  L.R.A.  (N.S.) 
695. 

Consult  also  L.R.A.  Digests  of  Cases. 


LIENS,  IV.— cont'd 

Antedating  lease  as  affecting  priority  of 
landlord's   lien.     L.R.A.1916F,   450. 

§   16.  For  local  assessments. 

See  Public  Improvements,  §  31. 

§    17.  For  keeping  animals. 

Between  agister's  lien  and  chattel  mortgage. 
17  L.R.A,  792. 

Priority  as  between  lien  of  chattel  mortgage 
and  lien  acquired  by  furnishing  food  or 
care  to  animals.     12  L.R.A, (N.S.)   310. 

Priority  as  between  lien  of  chattel  mort- 
gage and  claim  of  one  taking  animals 
damage   feasant.     L.R.A.1916E,  528. 


V.  Loss;   waiver;   discharge. 

§18.  Generally. 

Of  mechanics'  lien,  see  Mechanics'  Liens, 
§§  20-22. 

Of  mortgage  lien,  see  Mortgage,  VI. 

Of  chattel  mortgage  lien,  see  Chattel  Mort- 
gage, §  30. 

Extinguishment  of  lien  of  subagent  for  his 
compensation.     L.R.A. 1918F,  753. 

Estoppel  to  assert  lien  on  real  property  by 
concealing  the  same  or  representing 
title  to  be  in  another.  48  L.R.A,  ( N.S. ) 
762,  764. 

Right  of  lienor  to  proceeds  where  property 
is  sold  with  his  consent  under  agree- 
ment that  proceeds  shall  be  applied 
toward  pavment  of  the  debt.  L.R.A. 
1915C,  166". 

Effect  of  partition  deed  on  lien.  57  L.R.A. 
340. 

Effect  of  consolidation  of  corporations  upon 
liens  and  priorities.     23  L.R.A,  233, 

Release  of,  by  injunction  against  execu- 
tion sale,     30  L.R.A.  140. 

Waiver  of  junior  lien  by  failure  to  assert  it 
in  foreclosure  proceeding.  68  L.R.A. 
323. 

Appointment  of  debtor  as  executor  or  ad- 
ministrator as  discharging  lien  secur- 
ing debt.     26  L.R.A. (N.S.)   416. 

Assumption  of  debts  on  dissolution  of  part- 
nership as  affecting  partnership  lien.  9 
L,R.A,(N,S,)   102, 

Taking  of  property  by  general  owner  for 
purpose  of  defeating  lien  thereon  as 
larceny.     12  L.R.A.  (N.S.)   94. 

Effect  of  discharge  in  bankruptcy  on  real 
property  liens.     42  L.R.A. (N.S.)    292. 

Rescission  of  purchase  of  real  estate  as  af- 
fecting assumption  of  lien  thereon.  40 
L.R.A.(N.S.)  672.      * 

§   19.  By  attachment  or  execution. 

In  general.     50  L.R.A.  714;  24  L.Rji.(N.S.) 

490, 
Liens  not  depending  upon  possession,       50 

L.R,A.  714, 
Liens  depending  upon  possession,  50  L.R,A. 

719. 
Lien  of  chattel  mortgage.     50  L.R,A,  714; 
51  L.R.A.(N,S.)   1068, 


836 


INDEX  TO  L.R.A.  NOTES. 


LIENS,  v.— cont'd 

§   20.  By  giving  note  or  security. 

Release  or  satisfaction  of,  by  giving  com- 
mercial paper.     35  L.R,A.(N.S.)   86. 

Acceptance  of  commercial  paper  as  dis- 
charge of.     35  L.R.A.(N.S.)    96. 

Lienor  joining  in  mortgage  on  the  property 
as  a  waiver  of  his  lien.  35  L.R.A. 
(N.S.)    348. 

New  obligation  given  by  debtor  to  secure 
release  of  a  lien  as  a  novation  of  the 
original  obligation.  36  L.R.A.{N.S.) 
464. 


lilEUTENANT   GOVERNOR. 

Pardon    by.      47    L.R.A.(N.S.)    1036. 


lilEUTEXAXT   OF  POLICE. 

Voluntariness   of   confession    made   to.      50 
L.R.A.(N.S.)   1088. 


-«-•-♦ 


LIFE   CONTRACT. 

Validity  of  contract  to  furnish  a  patient 
medical    services    for    life.    28    L.R.A. 

(N.S.)   1112. 


LIFE  ESTATE. 

In  real  propertv  generally,  see  Deeds,  §  29, 

30 ;  Life  Texants  ;  Wills,  §§  79-82. 
As  to  dower,  pee  Doweb. 

Reservation  of  life  estate  as  illustrating 
grantor's  intention  in  delivering  deed 
to  third  person.     54  L.R.A.  884. 


LIFE  EXPECTANCY. 

In  general,  see  Mobtality  Tables. 

Evidence  of,  to  show  pecimiarv  loss  to  par- 
ents by  death  of  child.  'L.R.A.1918E, 
279. 


lilFE   IMPRISONMENT. 

As  cruel  and  unusual  punishment.  35  L.R.A. 
569. 


♦  •» 


LIFE    INSURANCE. 

See  Insubaxchx 

♦<-♦ 


LIFE  SAVING. 

Voluntarily  incurring  danger  to  save  an- 
other's life  as  contributory  negligence. 
49  L.R.A.  715;  27  L.R.A.  (N.S.)   1069. 

Begin  with  this  book  on  every  law  question. 


LIFE  TABLES. 

See  MoBTALiTY  Tables. 
^  * » 


LIFE   TENANT. 

/.  In  general,  §  1. 
II.  Possession,   enjoyment,  and  use  of 

property,   §§  2-7. 
III.  Duties  and  liabilities,  §§  8-10. 

I.  In  general. 

§   1.  Generally. 

Estates  created  by  deed,  see  Deeds, 
§§  28-31. 

As  to  quantum  of  estate  under  a  devise,  see 
Wills,  §§  79-82. 

Sale  for  taxes  during  existence  of  life  es- 
tate, see  Taxes,  §  77. 

Power  of  life  tenant  to  submit  infant's 
cause  of  action  for  arbitration.  70 
L.R.A.  175. 

Effect  of  misrepresentation  or  suppression 
of  truth  as  to  health  of  life  tenant  on 
sale  of  remainder  interest.  17  L.R.A. 
(N.S.)    284. 

Effect  on  personal  liability  of  trustee  for 
losses  to  trust  estate  from  investment, 
of  consent  of  beneficiary  for  life.  44 
L.R.A. (N.S.)    988. 

Basis  and  method  of  computing  value  of 
life  estate  for  purpose  of  succession 
tax.     46  L.R.A. (N.S.)   714. 

Effect  of  confiscation  of  an  estate  tail  for 
treason  on  rights  of  innocent  remain- 
derman.    L.R.A.]  916E,  345. 

Effect  of  purchase  of  tax  title  by  remainder- 
man in  expectancy.  L.R.A.1915E, 
344. 

Right  of  fee  owner  to  compensation  for 
improvements  made  by  taker  entering 
by  license  of  life  tenant  before  tou- 
demnation  and  without  fee  owner's  con- 
sent.    L.R.A.1916F,  989. 

Rights  of  action  in  case  of  damages  to  re- 
mainder or  reversion  by  stranger. 
L.R.A.1916A,  792. 

II,  Possession,   enjoyment,   and  ■  use  of 
property. 

§   2.  Generally. 

Adverse  possession  during  life  tenancy,  see 

Advebse  Possession",  §  9. 
As  to  apportionment  of  annuity  or  income, 

see  AxNUiTT,  §  2. 
Rights  of  remaindermen  generally,  see  Re- 

maisdebmex. 

Ornamental  articles  as  fixtures  as  between 
legatees,  devisees,  heirs,  personal  repre- 
sentatives, and  life  tenants.  6  B.  R.  C. 
162. 

Title  to  increase  of  animals  as  between  life 
tenant  and  remainderman.  17  L.R.A. 
81. 

Right  of  life  tenant  to  dedicate  land.  31 
L.R.A.(N.S.)  1025. 


INDEX  TO  L.R.A.  NOTES. 


837 


LIFE  TENANT,  II.— cont'd. 

Rights  as  between  life  tenant  and  remain- 
derman to  an  increase  in  the  value 
of  the  estate.    L.R.A.1915C,  846. 

Right  as  between  life  tenant  and  remainder- 
man to  rents  from  lease  of  property.  36 
L.R.A.(N.S.)    637. 

Effect,  upon  rule  in  Shelley's  Case,  of  ex- 
press prohibition  against  conveyance  or 
encumbrance  of  property  by  life  ten- 
ant.    7  L.R.A.(N.S.)    1109. 

Right  of  one  to  whom  estate  is  devised  for 
life  with  power  to  consume,  to  convey 
a  good  title.     13  L.R.A.{N.S.)   458. 

Does  voluntary  distribution  or  delivery  of 
chattel  to  life  tenant  inure  to  benefit 
of  remainderman.  14  L.R.A.  (N.S.) 
798. 

Effect  upon  remainder  of  forfeiture  of  life 
estate  for  breach  of  condition  subse- 
quent.    2"l  L.R.A.(N.S.)  605. 

Rights  on  condemnation  of  property.  21 
L.R.A.  212. 

Does  statute  of  limitations  run  during  life 
estate  against  proceedings  by  remaind- 
erman to  compel  appropriation  of 
property  by  third  person  having  power 
of  eminent  domain.  15  L.R.A. (N.S.) 
1154. 

Partition  between  life  tenant  and  remain- 
derman.    L.R.A.1918D,  454. 

Estoppel  of  remainderman  by  consenting  to 
conveyance  of  fee  by  life  tenant.  L.R.A. 
193 8D,  441. 

§  3.  Mineral  rights  of  life  tenant. 

Mines  not  opened  before  commencement  of 
life  estate.     36   L.R.A.(N.S.)    1100. 

Mines  opened  before  commencement  of  life 
estate.     36  L.R.A. (N.S.)    1102. 

Abandonment  or  suspension  of  opened  mine. 
30  L.RA.(N.S.)  1103. 

Opening  new  pits,  shafts,  or  seams.  36 
L.R.A.{N.S.)  1104. 

Mines  opened  after  commencement  of  life  es- 
tate under  prior  lease  or  contract.  36 
L.R.A.(N.S.)   1105. 

As  affected  by  powers  conferred  by  instru- 
ment creating  life  estate.  36  L.RA.. 
(N.S.)   1106. 

Mines  opened  after  commencement  of  life 
estate,  with  sanction  of  court  or  re- 
mainderman.    36  L.R.A. (N.S.)    1106. 

English  settled  land  acts.  36  L.R.A.(N.S.) 
1107. 

§  4.  — as  to  oil  and  gas. 

Where  no  well  opened  prior  to  commence- 
ment of  life  estate.  36  L.R.A. (N.S.) 
1108. 

Where  well  opened  prior  to  commencement 
of  life  estate.     36  L.R.A.(N.S.)  1109. 

Well  opened  after  commencement  of  life 
estate  under  a  prior  lease.  36  L.R.A. 
(N.S.)   1109. 

Where  sale  of  oil  is  sanctioned  by  remain- 
derman.    36  L.R.A.  (N.S.)    1109. 

§  5.  Timber   rights   of   life  tenant. 

In  general.     37  L.R.A.(N.S.)  763. 
Necessities  of  life  tenant.     37  L.R.A.  (N.S.) 

764. 
Consult  also  L.R.A.  Digests  of  Cases. 


LIFE  TENANT,  II.— cont'd 

Customary  estovers.     37  L.R.A. (N.S.)  764. 

Payment  of  taxes  and  other  charges.       37 

L.R.A.(N.S.)   767. 
Fallen  or  decaying  timber.     37  L.R.A,(N.S.) 

767. 
Thinning  trees.     37  L.R.A. (N.S.)   768. 
Cutting  timber  for  sale.     37   L.R.A.(N.S.) 

768. 
Clearing  land.     37  L.R.A.(N.S.)  770. 
Tenant  for  life  not  impeachable  for  waste; 

ornamental     trees.       37     L.R.A.  (N.S.) 

772. 
Miscellaneous.     37  L.R.A. (N.S.)   773. 

g  6.  Corporate  stocks  and  bonds;  divi- 
dends. 

Right  to  increased  stock  and  stock  dividends 
as  between  owner   of  capital  and 
inbome.     16  L.R.A.  461. 
Rights  as  to  increase  in  value  of  corporate 
stock     and     bonds.       L.R.A.1915C, 
851,  853. 
Appreciation  in  value  of  capital  assets  as 
fund  distributable  as  dividend  without 
reference  to  losses.     1  B.  R.  C.  965. 
Right,  as  between  life  tenant  and  remainder- 
man, in  dividends  or  distributions  made 
by    corporations.     16    L.R.A.    461;    45 
L.R.A.   394;    12   L.R.A. (N.S.)    768;   35 
L.R.A.(N.S.)      563;     50     L.R.A.  (N.S.) 
510;  L.R.A.1916D,  211. 
Apportionment,  as  between  life  tenant  and 
remainderman,  of  income  from  securi- 
ties  which    the   trustee   must   or    may 
convert.    6  B.  R.  0.  207. 

§   7.  Rights  on  death  of  life  tenant. 

Lessee's  right  to  possession,  see  Landlobd 
AND  Tenant,  §  46. 

Right  of  lessee  of  life  tenant  to  possession 
and  emblements  upon  death  of  his  les- 
sor.    11  L.RA.(N.S.)    688. 

Right  of  estate  of  one  entitled  by  will  or 
statute  to  an  allowance  for  support  and 
maintenance,  to  accumulations  undrawn 
and  unexpended  at  the  .  time  of  her 
death.     9  L.R.A. (N.S.)   997. 

Apportionment  of  income  from  trust  funds 
upon  death  of  life  beneficiary  between 
distribution  periods.  27  L.R.A.(N.S.) 
449. 

///.  Duties  and  liabilities, 

§  8.  Generally. 

Measure  of  damages  for  allowing  land  to 
become  infested  with  weeds.  12  L.R.A. 
(N.S.)    88. 

Right  to  require  legatee  of  life  interest  in 
money  or  its  equivalent,  to  give  se- 
curity for  benefit  of  remainderman.  23 
L.R.A.(N.S.)   716. 

Right  of  life  tenant  who  pays  oS  liens  or 
encumbrances  as  against  remainder- 
man.    29  L.R.A.(N.S.)    153. 

Liability  of  tenant  to  fee  owner  in  case  of 
damages  to  remainder  or  reversion  by 
stranger.     L.R.A.1916A,  805. 


.838 


INDEX  TO  L.R.A.  NOTES. 


LIFE  TENANT,  III.— <5ont'd 

§   9.  Liability    for    improvements. 

Right  of  life  tenant,  or  person  claiming  un- 
der him,  to  recover  for  improvements. 
13  L.R.A.{N.S.)   514. 

Duty  of  life  tenant  to  keep  property  in  re- 
pair.    33  L.R.A.{N.S.)    669. 

§  10.  Duty  of  life  tenant  as  to  taxes 
and   assessments. 

Duty  of  life  tenant  to  pay  taxes.     32  L.R.A. 

744. 
Effect    of   tax    sale    on    land    held    by    life 

tenant.     32  L.R.A.  805. 
Effect  on  estates  in  reversion  or  remainder 

of    tax   sale   during    life    estate.        33 

L.R.A.  688. 
Life  tenant's  right  to  timber  for  payment 

of  taxes.     37  L.R.A.(N.S.)    767. 
Must  life  tenant  or  remainderman  bear  the 

cost  of  a  public  improvement.  10  L.R.A. 

(N.S.)    342. 


IiIFTING. 


Assumption  of  risk  in  overstraining  muscles 
in  lifting  weights  under  immediate  di- 
rection of  master  or  vice  principal.  25 
L.R.A.(N.S.)   362. 


LIFTING  JACK. 


Master's  liability  for  injury  by  defect  in.  13 
L.R.A.(N.S.')  679;  51  L.R.A.(N.S.)  339. 


LIGHT. 

Carrier's  duty  to  keep  station  lighted,  see 
Carriers,  §  71. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  80. 

Easement  of , 'see  Easements,  §§  13,  19-21. 

Electric  lights,  see  Electric  Lights. 

Gas  as  light,  see  Gas. 

As  to  headlights,  see  Headlights. 

Lighting  of  streets  and  bridges,  see  High- 
ways, §§  54,  55. 

Municipal  liability  for  injury  by  absence  of, 
at  dangerous  place  in  street,  see  High- 
ways, §  73. 

Power  of  municipality  as  to,  see  Munici- 
pal Corporations,  §  32. 

Municipal  lighting  plant,  see  Municipal 
Corporations,  §  69. 

Lighting  of  railroad  tracks,  see  Railroads, 
§   45, 

Duty  of  bicyclists  to  carry.     47  L.R.A.  295. 

Duty  of  operator  of  automobile  as  to.  38 
L.R.A.(N.S.)  489;  51  L.R.A.(N.S.)  996. 

Effect  of  failure  to  display  proper  lignts 
on  liability  for  injuries  resulting  from 
collision  of  automobile  and  horse,  or 
fright  of  horse  bv  automobile.  48 
L.R.A.(N.S.)    964. 

Begin  tvith  this  'book,  on  every  Imp  question. 


LIGHT— cont'd 

Duty  owed  to  others  by  one  blinded  by  light 
on  highway.     L.R.A.1917E,  1045. 

Validity  and  construction  of  regulations  as 
to  lights  on  automobiles.  L.R.A.1918B. 
828. 

Requiring  body  of  jitney  bus  to  be  illumi- 
nated   after    dark.      L.R.A.1918B,    916. 

Effect  of  failure  to  show  lights  on  liability 
for  collision  between  automobiles,  or 
an  automobile  and  another  vehicle,  at 
or  near  corner  of  streets  or  highways 
L.R.A.1916A,  749. 

Lights  on  street  cars.     26  L.R.A.  300. 

Private  action  for  violation  of  ordinance  re- 
quiring lights  on  railroad  cars  and 
engines.     5  L.R.A.  (N.S.)   244. 

Validity  of  statute  or  ordinance  requiring 
.  the  lighting  of  private  premises.  L.R.A. 
1918D,  688. 

Validity  of  statute  or  ordinance  holding 
property  owner  liable  for  light  fur- 
nished tenant.  6  L.R.A. (N.S.)  198; 
L.R.A.1918D,  364. 

Landlord's  duty  to  light  common  hall  or 
stairway.     1  B.  R.  C.  107. 

Liability  of  one  maintaining  place  of 
amusement  for  failure  to  properly  light 
same.  42  L.R.A. (N.S.)  1071;  L.R.A. 
1915F,  700. 

Delegation  of  municipal  power  as  to.  20 
L.R.A.  726. 

Right  of  taxpayer,  in  absence  of  statute  to 
enjoin  unlawful  expenditures  by  munici- 
palitv  for  lighting.  36  L.R.A.(N.S.) 
20. 

Master's  liability  for  injury  to  servant  from 
want  of  proper  lighting  of  place  of 
work.     54  L.R.A.  170. 

Master's  liability  for  vice  principal's  failure 
to  keep  place  of  work  properly  lighted. 
54  L.R.A.  133. 

Provisions  in  insurance  policy  as  to  lighting 
and  lighting  materials.  L.R.A.1917C, 
291. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  697. 


LIGHTER. 


Does  lien  upon  vessel  for  safe  carriage  at- 
tach while  goods  are  in  lighter  prepara- 
tory to  being  loaded  on  vessel.  24 
L.R.A.(N.S.)   569. 


LIGHTHOUSE. 


Character     of     occupation     of. 
(N.S.)    720. 


4     L.R.A. 


LIGHTING    COMPANIES. 

Valuation  of  property  of,  see  Public  Serv- 
ice Corporations,  §   5. 
See  also  Electric  Lights;  Gas. 


INDEX  TO  L.R.A.  NOTES. 


839 


LIGHTING  COMPANIES— cont'd 
Compensation  to  be   paid  to   lighting  com- 
pany upon  taking  its  plant.     47  L.R.A. 
(N.S.)    772. 
Delegation     of     municipal     power     to.     20 
L.R.A.  726. 


lilGHTNING. 


Insurance  against  loss  caused  by.  26  L.R.A. 
267. 

Striking  wire.     31  L.R.A.  588. 

Master's  liability  for  injuries  due  to  ex- 
plosion of  dynamite  by.  28  L.R.A. 
(N.S.)   1260. 

Recovery  under  workmen's  compensation 
act  for  injury  by.  L.R.A.1916A,  347; 
L.R.A.1918F,  936. 


LIGHTNING  RODS. 

Discrimination  against  nonresident  by  stat- 
ute imposing  license  tax  on  business 
of  selling.     40  L.R.A.(N.S.)    291. 

Lightning  rod  contracts  as  contracts  of  in- 
surance.    47   L.R.A.(N.S.)    300. 


IiIM£    KILN. 


Municipal    power    over    as    nuisance.       38 
L.R.A.  654. 


LIMITATION. 


Words  of,  under  rule  in  Shelley's  Case,  see 
Deeds,  §  30;  Wills,  §  82. 


LIMITATION  OF  ACTIONS. 

I.  Limitation  in  general,  §§  1-18, 
a.  In   general,   §§   1-5. 
J}.  Equitable   remedies;    laches, 
§§    6-12. 

c.  Effect  of  bar;  other  rem,edies, 

§§     13,    14:. 

d.  By  and  against  whom  avail- 

able, §§  15-17. 

e.  To    what   claims   applicable, 

§    18. 
II.  When  statute  runs,  §§  19-47. 

a.  In   general,    §§    19-21. 

b.  Contracts;     mortgages;     ac- 

counts; collections,   §§  22- 
•  32. 

c.  Corporations;     stockholders, 

§§    33,    34. 

d.  Actions  based  on  torts,  neg- 

ligence, fraud,  trust,  mis- 
taTce  or  usury;  ci'imes,  §§ 
35-38b. 

e.  Suits  relating   to  real  prop- 

erty;  tax  sales,    §§   39-43. 
Consult  also  L.R.A.  Digests  of  Cases. 


LIMITATION  OF  ACTIONS,  II.— cont'd 
/.  Decedents'   estates,   §   44, 
g.  Miscellaneous    Uinds    of    ac- 
tion,   §    45. 
h.  Absence;  nonresidence ;  dis- 
abilities;  coverture,    §    46. 
i.  Disabilities,  §  47. 
///.  Period  of  limitation;  xvhen  action 
bai'red,    §§    48-59. 

a.  In  general,  §  48. 

b.  Contracts;      mortgages,      §§ 

49,  50. 

c.  Negligence;  fraud;  usury,  §§ 

51-54. 

d.  Suits  relating  to  real  prop- 

erty,  §§   55-57. 

e.  Decedents'  estates,  §  58. 

f.  Miscellaneous,    §    59. 

IV.  Interruption  of  statute;  removal  of 
bar,    §§    60-71. 

a.  In  general,  §§   60-62. 

b.  By  suit,   §§    63,    64. 

c.  Payment,   §§   65-67. 

d.  New  promise  or  acknowledg- 

ment, §§  68-71. 

I.  Limitation  in  generaX, 
a.  In  general. 

§   1.  Generally. 

Limitation  of  time  to  present  claim  or  com- 
mence action  against  carrier,  see  Cab- 
biers,  §  133. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,   §  43. 

Validity  of  contract  as  to,  see  Contbacts, 
§  90. 

Easements  acquired  by  prescription,  see 
Easements. 

Proof  of  bar  of  in  action  of  ejectment  under 
general  denial  or  a  plea  of  the  general 
issue.     L.R.A.1918F,  253. 

Availability  of  plea  of  limitation  and  plea 
to  the  merits  against  same  cause  of 
action.     L.R.A.1917C,  71. 

Question  relating  to,  as  Federal  question. 
62  L.R.A.  539. 

Implied  exceptions  in  statute  of  limitations. 
25  L.R.A.  566. 

As  affected  by  question  whether  suit  for 
statutory  penalty  is  a  civil  or  criminal 
prosecution.     27  L.R.A. (N.S.)   744.      , 

Necessity  for  alleging  that  action  for  death 
is  within  the  statutory  period.  L.R.A. 
1915E,  1192. 

Effect  of  limitations  on  right  to  contribu- 
tion of  cotenant  claiming  adversely. 
L.R.A.1915B,  975. 

Duty  of  debtor  to  account  for  statute-barred 
debt  before  participating  in  estate  of 
creditor.    4  B.  R.  C.  718. 

Statute  requiring  notice  of  claim  before 
commencing  an  action  as  a  statute  of 
limitations.     8  L.R.A. (N.S.)   997. 

Applicability  to  existing  contracts  of  stat- 
ute avoiding  contractual  stipulations 
limiting  time  for  action.  38  L.R.A. 
(N.S.)    1016. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  statute 
of    limitations.     40   L.R.A. (N.S.)    421. 


840 


INDEX  TO  L.R.A.  NOTES. 


LIMITATION  OF  ACTIONS,  I.  a— cont'd 
§   2.  £stoppel  to  plead. 

Specific  agreement  to  waive  the  statute.    63 

L.R.A.  193. 
Other    agreements    that)    cause    delay.      63 

L.E.A.  198. 
Request  for  delay.     63  L.RJL.  201. 
Representations  as  to  material  facts.     63 

L.R.A.  202. 
Payments.     63  L.R.A.  203. 
Actions   on  insurance  policies.     63   L.R.A. 

204. 
Actions  on  carriers'  contracts.     63  L.R.A. 

206. 

g  3.  Vested  right  In  statute  of  limita- 
tion. 

Vested  right  in  defense  of  statute  of  limi- 
tations.    45  L.R.A.  609. 
Change   of   statute  as  affecting.     1   L.R.A. 

(N.S.)  528. 
Of  municipal  corporation.    27  L.R.A. (N.S.) 

1188. 

g  4.  Validity  and  construction  of  stat- 
ute changing  period  of  limitation. 

Vested  right  in  defense  of  limitations,  see 
supra,  §  3. 

Impairment  of  contract  obligations  by 
change  in  statute  of  limitations,  see 
Constitutional  Law,  §  36. 

Reasonableness  of  period  allowed  by  statute 
of  limitations  in  respect  to  existing 
causes  of  action.  7  L.R.A. (N.S.)  715; 
21  L.R.A.  (N.S.)    157. 

Constitutionality  of  statutes  shortening  the 
period  of  limitations.  1  L.R.A. (N.S.) 
528. 

g   5.  Invoking  statute  after  judgment. 

As  ground  of  attack  by  alleged  fraudulent 
grantee  on  judgment  against  grantor. 
67  L.R.A.  598. 

Injunction  against  judgment  confessed  on 
debt  barred  by.     30  L.R.A.  241. 

Right  to  open  default  judgment  to  let  in 
defense  of  statute  of  limitations.  61 
L.R.A.  746;  L.R.A.1916F,  856. 

h.  Equitable  remedies;   laches, 

g   6.  Generally. 

Effect  of  ladies  on  right  to  rescind  contract, 

see  Contracts,  §  155. 
Presumption    of    payment    from    lapse    of 

time,  see  Evidence,  §  106. 

In  probating  will.    57  L.R.A.  253. 

In  attacking  divorce  decree.  L.R.A.1917B, 
425,  503. 

Effect  of  laches  in  questioning  unconstitu- 
tional apportionment  of  election  dis- 
tricts.     10   L.R.A.(N.S.)    1184. 

Laches  of  person  against  whom  judgment 
has  been  obtained  on  unauthorized  ap- 
pearance by  attorney.     21  L.R.A.  857. 

Effect  of  laches  on  judgment  creditor's  right 
to  receivership.     33  L.R.A.  551. 

Diligence  essential  to  entitle  one  to  man- 
damus to  restore  to  oflBce  one  who  has 
been  illegally  removed.  19  L.R.A. 
(N.S.)  66. 


Begin  uHth  this  iooTc  on  every  late  question. 


LIMITATION  OF  ACTIONS,  I.  b— cont'd 

As  affecting  suit  to  enjoin  unlawful  expen- 
ditures by  municipality.  36  L.R.A. 
(N.S.)  26. 

Duty  of  court,  in  absence  of  objection  by 
defendant,  to  dismiss  suit  for  divorce 
because  not  brought  within  time  al- 
lowed bv  statute  after  cause  given.  26 
L.R.A. (N.S.)    490. 

Abandonment"  of  highway  by  laches  of  cor- 
poration officials.     26  L.R.A.  469. 

Lapse  of  time  as  bar  to  confirmation  of 
judicial  sale.     43  L.R.A.  (N.S.)   630. 

Suit  to  compel  guardian  to  account,  or  to 
recover  on  his  bond.  47  L.R.A. (N.S.) 
451. 

Delay  of  carrier  in  seeking  to  recover  differ- 
ence between  rate  charged  shipper  and 
proper  rate.     49  L.R.A. (N.S.)    100. 

Effect  of  delay  on  right  to  procure  a  dec- 
laration that  a  written  instrument  im- 
porting on  its  face  a  complete  transfer 
of  title  was  intended  to  operate  as  a 
mortgage.     L.R.A.1916B,  597. 

Effect  of  laches  of  complainant  on  right  to 
injunction  against  nuisance.  L.R.A. 
1916C,   3270. 

Laches  in  seeking  to  avoid  settlement  be- 
tween guardian  and  ward  out  of  court. 
L.R.A.1916E,  869. 

Effect  of  laches  on  right  of  benevolent,  fra- 
ternal or  social  order  to  protection 
against  use  of  name,  insignia,  ritual, 
etc.,  by  another  organization.  L.R.A. 
1915B,   1078. 

§    7.  As   to   commercial   paper. 

Effect  of  laches  on  payment  by  check,  draft, 
or  bills.     35  L.R.A. (N.S.)   33. 

Release  of  indorser  by  laches.  18  L.R.A. 
(N.S.)  531. 

Waiver  of  laches  in  presenting  commercial 
paper  for  payment.    29  L.R.A.  305. 

g  8.  As  to  corporations  and  corporate 
stock. 

Effect  of  laches  on  right  to  rescind  subscrip- 
tion to  corporate  stock  for  fraud.  33 
L.R.A.  724. 

Laches  as  defense  to  action  for  specific  per- 
formance of  contract  for  sale  of  cor- 
porate stock.  50  L.R.A.  508;  31  L.R.A. 
(N.S.)   500. 

Effect  of,  on  state's  right  to  oust  a  cor- 
poration of  its  rights  and  franchises. 
14L.R.A.(N.S.)  336. 

Laches  of  assignee  in  having  stock  trans- 
ferred on  books  of  corporation  as  affect- 
ing liability  of  corporation  which  sub- 
sequently makes  unauthorized  transfer 
of  stock.     45  L.R.A. (N.S.)    1090. 

9 

g  9.  As  to  land. 

As  bar  to  right  to  injunction  against  ob- 
struction of  waters  of  stream.  59 
L.R.A.  884. 

Effect  of  continued  occupancy  by  trespasser 
for  less  than  limitation  period  to  estop 
owner  to  maintain  trespass  q.  c.  f.  23 
L.R.A.(N.S.)   270. 


INDEX  TO  L.R.A.  NOTES. 


841 


LIMITATION  OF  ACTIONS,  I.  b— cont'd 

Delay  as  waiver  of  purchaser's  right  to 
rescind  contract  for  purchase  of  real 
property.     30  L.R.A.(N.C3.)   872. 

Effect  of  laches  on  right  of  holder  of  tax 
deed  to  corrected  deed.  44  L.R.A. 
(N.S.)    856. 

Laches  as  affecting  tlie  right  of  one  cotenant 
to  benefit  of  purchase  of  outstanding 
title  by  another.     3  9  L.R.A. (N.S.)   526. 

Riglit  of  one  in  possession  under  void  fore- 
closure sale  as  affected  by  laches  of 
mortgagor.     40  L.R.A. (N.S.)    848. 

Effect  of  lapse  of  time  on  right  to  avoid 
purchase  by  executor  or  administrator 
at  his  own  sale.     L.R.A.1918B,  45. 

Effect  of  laches  of  mortgagee  on  right  to 
reinstatement  of  mortgage  released  by 
mistake.     L.R.A.1917E,  1058. 

§    10.  Fraud. 

Eflect  of  laclies  on  right  to  rescind  subscrip- 
tion to  corporate  stock  for  fraud.  33 
L.R.A.  724. 

§    11.  Trusts. 

Laches  which  will  defeat  relief  after  re- 
pudiation of  express  trust.  5  L.R.A. 
(N.S.)   986. 

Laches  as  a  bar  to  enforcement  of  trust  as 
against  one  who  knowingly  purchased 
trust  property  in  violation  of  the  terms 
of  an  express  trust.  7  L.R.A. (N.S.) 
370. 

Suit  to  compel  guardian  to  account,  or  to 
recover  on  his  bond.  47  L.R.A.  (N.S.) 
451. 

§   12.  Assessments. 

In  contesting  sewer  assessment.  60  L.R.A. 
246. 

As  affecting  attack  upon  assessment  for 
special  benefits  on  ground  that  prop- 
erty is  not  benefited.  36  L.R.A. (N.S.) 
41. 


c.  Effect  of  bar;  other  remedies. 

§13.  Generally. 

Duty  of  debtor  to  account  for  statute-barred 
debt  before  participating  in  estate  of 
creditor.    L.R.A.1918C,  619. 

Effect,  upon  action  for  death,  of  bar  against 
action  for  injury.     34  L.R.A.  797. 

Effect  of  bar  of  statute  of  limitations 
against  action  to  enforce  judgment  up- 
on right  to  issue  execution  thereon.  23 
L.R.A.(N.S.)   1096. 

Bar  of  statute  of  limitations  as  ground  for 
quieting  title  as  against  encumbrance. 
6  L.R.A.(N.S.)  516;  L.R.A.1916B,  1220. 

Effect  of  bar  of  statute  of  limitations  on 
right  of  creditor  who  is  also  a  stock- 
holder of  an  insolvent  corporation  to 
offset  claim  against  statutory  liability. 
41  L.R.A.(N.S.)    1002. 

Bar  of  debt  to  corporation  as  bar  to  en- 
forcement of  its  lien  therefor  upon 
stock.  39  L.R.A. (N.S.)  301;  L.R.A. 
1917F,  1106. 

Consnilt  also  L.B.A.  Diaests  of  Cases. 


LIMITATION  OF  ACTIONS,  I.  c— cont'd 

Right  to  recover  for  services  rendered  l)e- 
yond  statutory  period  of  limitation 
upon  breach  of  parol  contract  to  make 
provision  by  will.     6  L.R.A. (N.S.)   70.3. 

Effect  of  running  of  limitation  since  orig- 
inal assessment  for  local  improvement 
upon  a  reassessment  ordered  because  of 
invalidity  of  original.  28  L.R.A. (N.S.) 
735. 

Effect  of  failure  to  present  claim  within  the 
time  allowed  by  the  administration 
statute  of  the  domicil  as  a  bar  to  its 
allowance  in  the  state  of  an  ancillary 
administration,  and  vice  versa.  19 
L.R.A.  (N.S.)   553. 

Effect  of  statutory  bar  of  action  for  pur- 
chase money  upon  right  to  enforce 
vendor's  lien.  39  L.R.A.  (N.S.) 
1171. 

Effect  of  bar  of  statute  of  limitations  on 
right  to  substitute  copy  of  lost  indict- 
ment.    41  L.R.A.  (N.S.)    1082. 

Expiration  of  period  for  revival  of  dormant 
judgment  as  bar  to  an  action  thereon. 
L.R.A.1916E,   738. 

Effect  of  bar  of  creditor's  right  of  action 
against  surety  on  his  right  to  be  subro- 
gated to  security  held  by  surety. 
L.R.A.iyieC,  1083. 

Effect  of  running  of  limitations  on  right  to 
have  written  instrument  importing  an 
absolute  transfer  of  title  declared  a 
mortgage.     L.R.A.1916B,  598. 

Equitable  proceeding  to  set  aside  release  of 
claim  for  personal  injuries  for  mistake 
where  right  to  recover  for  injury  is 
barred  by  limitations.  L.R.A. 19i6B, 
786. 

Right  of  action  by  administrator  when  ac- 
tion to  recover  for  personal  injuries 
was  barred  at  the  time  of  the  injured 
person's  death.     L,R.A.1915E,  1178. 

Right  of  surety  to  indemnity  from  prin- 
cipal, or  contribution  from  cosurety,  as 
affected  by  the  fact  that  an  action  by 
the  creditor  against  the  principal  or 
cosurety  would  be  barred.  L.R.A.1917F, 
1074. 

§    14.  Mortgage  or  trust  deed. 

Effect  of  statutory  bar  of  principal  debt 
on  right  to  foreclose  a  mortgage  or 
deed  of  trust  securing  the  same.  10 
L.R.A.  508;*  21  L.R.A.  550. 

Right  to  enjoin  sale  under  a  power  in  a 
mortgage  against  which  the  statute  of 
limitations  has  run.  6  L.R.A.(N.S.) 
510. 

Effect  of  bar  of  other  remedies  to  prevent  a 
sale  of  property  under  a  power  in  a 
trust  deed  or  mortgage.  13  L.R.A. 
(N.S.)    1210. 

Effect  of  debt  becoming  barred  by  statute  of 
limitations  upon  rights  and  remedies 
under  conveyance  absolute  on  its  face, 
but  intended  as  a  mortgage.  11  L.R.A. 
(N.S.)    825;   24  L.R.A. (N.S.)    840. 


842 


INDEX  TO  L.R^.  NOTES. 


LIMITATION  OF  ACTIONS,  I.  c— cont'd 
Statute  of  nonclaim  as  equivalent  of  limi- 
tations within  the  rule  that  the  run- 
ning of  the  latter  against  the  debt 
secured  will  bar  remedy  on  the  mort- 
gage. 31  L.R.A.(N.S.)  1013. 
Kffect  of  statutory  bar  of  action  for  pur- 
chase money  on  right  to  enforce  lien 
where  vendor  takes  mortgage  which 
shows  that  it  is  given  for  the  purchase 
money.     39  L.R.A.(N.S.)    1176. 

d.  By  and  against  tvhom  available. 

g   15.  Generally. 

As  to  adverse  possession,  see  Adverse  Pos- 
session. 

Availability  of  statute  to  life  tenant  pur- 
chasing property  at  tax  sale.  32  L.R.A. 
809. 

Corporations  as  persons  within  statute  of 
limitations.     19  L.R.A.  224. 

Right  of  foreign  corporation  to  plead  stat- 
ute.    18  L.R.A.  524;  L.R.A.1915C,  544, 

As  to  right  of  partners  in  real  property. 
28  L.R.A.  10.5. 

Statute  of  limitations  as  a  defense  to  revo- 
cation of  physician's  or  attorney's  li- 
cense. 11  L.R.A.  (N.S.)  557;  L.R.A. 
1915D,  1218. 

Right  of  lien  creditor  to  set  up  Statute  of 
Limitations  against  other  creditors  of 
his  debtor.    L.R.A.1918C,  1020. 

§    16.  State  or  United   States. 

On  claims  against  state.     42  L.R.A.  39,  67. 

Applicability  of  statute  to  action  by  agencies 
of  state.  3  L.R.A.  (N.S.)  746;  22 
L.R.A.(N.S.)    921;  L.R.A.1916E,  96. 

§    17.  Municipality. 

May  statute  be  interposed  against  an  ac- 
tion by  a  municipality  to  recover  dam- 
ages for  injury  to  property.  32  L.R.A. 
(N.S.)    245. 

When  does  statute  of  limitations  begin  to 
run  against  action  upon  obligations  of 
municipal  or  quasi  municipal  body  pay- 
able out  of  a  particular  fund.  10 
L.R.A.  (X.S.)    478. 

Vested  right  of  municipal  corporation  in 
defense  of  statute  of  limitations.  27 
L.R.A.(N.S.)    1188. 

e.  To  what  claims  applicable. 

§   18.  Generally. 

Claims  by  or  against  whom,  see  supra,  §§ 
15-17. 

Statutes  of  limitation  as  applicable  to  bank 

checks.     22  L.R.A.  110. 
Applicability  of  state  statute  of  limitations 

to  lien  of  judgment  of  Federal  court. 

47   L.R.A.  478. 
Applicability   of   statute   of   limitations   to 

suit   to   remove   cloud   from   title.     29 

L.R.A. (N.S.)  930. 
Application    of    statute    of    limitations    to 

actions   for   injuries    by   milldam.      17 

L.R.A.(N.S.)   206. 
Begin  tcith  this  book,  on  every  laio  question. 


LliVnTATION  OF  ACTIONS,  I.  e— cont'd 
Applicability  of  statute  to  action  to  en- 
force liability  of  directors  under  stat- 
utes purporting  to  make  them  liable 
for  contracting  debts  in  excess  of  a 
fixed  limit.  L.R.A.1915D,  1050. 
Limitation  of  actions  against  directors  of 
corporation  for  malfeasance  or  non- 
feasance.   L.R.A.1917A,  980. 

//.  When  statute  runs, 
a.  In  general. 

§    19.  Generally, 

When   right  of   action  accrues,  see  Action 

OR  Suit,  §  7. 
In  bankruptcy  cases,  see  Bankruptcy,  §  6. 
On  claim  for  indemnity,  see  Indemnity,  §  6. 
Limitation   of   action   to  enforce  judgment, 

see  Judgment,  §  86. 

What  entry  or  record  of  judgment  or  order 
is  necessary  to  start  statute  running. 
28  L.R.A.  634. 

§2  0.  Time  of  breach  or  of  damage. 

In  case  of  injury  to  real  property,  see  infra, 
§§   40,  41. 

Does  statute  of  limitations  commence  to 
run  at  time  of  breach  of  contract 
or  at  time  actual  damages  are  sus- 
tained in  consequence  thereof.  15 
L.R.A.(N.S.)    156. 

§   21.  Necessity   for   demand. 

In  action  for  bank  deposit,  see  infra,  §  26. 
In    action    for    money    collected,    see    infra, 
§  32. 

b.  Contracts ;  mortgages;  accounts; 
collections, 

§  22.  Contracts  generally. 

When  action  barred,  see  infra,  §  49. 

When  does  statute  begin  to  run  against 
action  on  contract  payable  on  demand. 
32  L.R.A.(N.S.)   486. 

When  does  the  statute  of  limitations  com- 
mence to  run  against  right  of  action 
on  promise  to  pay  as  soon  as  conven- 
ient.    1  B.  R.  C.  113. 

When  does  statute  begin  to  run  against  an 
action  for  breach  of  warranty  of 
chattels.     L.R.A.1916F,  812. 

Breach  by  promisor  during  lifetime  of  con- 
tract to  compensate  for  services  upon 
death,  as  starting  the  statute.  36 
L.R.A.(N.S.)    922. 

§   23.  Negotiable    instruments. 

Effect  of  laches,  see  supra,  §  7. 

Effect  of  acceleration  provision  in  note  to 
start  statute  of  limitations  running. 
12  L.R.A. (N.S.)  1190;  22  L.R.A. (N.S.) 
1110;  51  L.R.A.(N.S.)  151;  L.R.A. 
1918F,  169. 


INDEX  TO  L.R.A.  NOTES. 


843 


LIMITATION  OF  ACTIONS,  II.  b— cont'd 
§  24.  Municipal  obligations. 

When  does  statute  begin  to  run  against 
action  upon  obligations  of  municipal, 
or  quasi  municipal,  body  payable  out 
of  a  particular  fund.  10  L.R.A.  (N.S.) 
478. 

When  does  limitation  begin  to  run  against 
action  upon  municipal  bonds  represent- 
ing general  funded  indebtedness.  16 
L.R.A.(N.S.)    803. 

§  25.  Deposit;  certificate  of  deposit. 

Against  action  on  certificate  of  deposit.     29 

L.R.A. (N.S.)  685. 
Limitation  of  actions  on  bank  checks.     22 

L.R.A.  110. 

§  2  6.  — necessity   for   demand. 

Necessity  for  demand  to  set;  statute 
running  against  action  on  certificate  of 
deposit.     1  L.R.A.  (N.S.)    1130. 

Necessity  of  demand  in  order  to  start  stat- 
ute against  action  for  a  bank  deposit. 
2  L.R.A.^N.S.)    571. 

§   2  7.  Insurance. 

Limitation  by  contract  of  time  to  sue  on 
policy,  see  Insurance,  §§  207,  208. 

Against  action  to  enforce  liability  of  mem- 
ber of  mutual  fire  insurance  company. 
32  L.R.A.  508. 

Effect  of  presumption  of  death  from  absence 
upon  operation  of  Statute  of  Limita- 
tions.   L.R.A.1918B,  93. 

§   28.  Mortgages. 

L fleet  of  bar  of  other  remedy,  see  supra, 

§  14. 
When  action  barred,  see  infra,  §  50. 
Removal  of  bar  as  to,  see  infra,  §§  65-67, 

71. 

Does  limitation  run  against  mortgagee  in 
possession.     34  L.R.A.(N.S.)    356. 

Effect  of  acceleration  provision  in  mortgage 
or  note  to  start  the  statute  of  limita- 
tions running.  12  L.R.A.(N.S.)  1190; 
22  L.R.A.(N.S.)  1110;  51  L.R.A. (N.S.) 
151;   L.R.A.1918F,  169. 

Effect  of  mortgagor's  absence  from  state  to 
toll  statute  of  limitations  as  against 
foreclosure  proceedings  against  his 
grantee.    26  L.R.A.(N.S.)  898. 

§   2  9.  Accounts. 

Effect  of  specific  application  of  payment  to 
last  item  on  open  account  on  statute 
of   limitations.      19    L.R.A. (N.S.)    126. 

Effect  of  retaining  statement  of  account 
barred  by  limitations  to  render  it  an 
account  stated.     29  L.R.A. (N.S.)    346. 

§   30.  —between  cotenants. 

As  to  accounting  bv  cotenant.     28   L.II.A. 

859;  L.R.A.1918B,  609. 
Against  action   between   cotenants  for  use 

and    occupation    or    rents   and    profits. 

29  L.R.A. (N.S.)    239. 
Consult  also  L.R.A.  Digests  of  Cases. 


LIMITATION  OF  ACTIONS,  II.  b— cont'd 
§  31.  Action  for  money  collected. 

When  does  statute  of  limitations  commence 
to  run  against  action  to  recover  money 
collected  by  attorney.  17  L.R.A. (N.S.) 
667;   51  L.R.A.(N.S.)    279. 

When  does  statute  of  limitations  commence 
to  run  against  action  to  recover  money 
collected  by  agent  not  an  attorney.  17 
L.R.A,  (N.S.)    660. 

Against  action  to  recover  money  paid  on 
a  judgment  subsequently  reversed  or 
modified.     25  L.R.A. (N.S.)    3L 

§  32.  —necessity  for  demand. 

Demand  as  a  condition  of  action  to  recover 
money     collected     by     an     agent.      28 

L.R.A.(N.S.)    626. 


o.  Corporations;  stockholders. 

§  33.  Generally. 

Effect  of  laches,  see  supra,  §  8. 

When  statute  begins  to  run  against  action 
against  directors  of  corporation  for 
malfeasance  or  nonfeasance.  L.R.A. 
1917A,  982. 

When  statute  begins  to  run  against  en- 
forcement of  liability  of  directors  un- 
der statutes  purporting  to  make  them 
liable  for  contracting  debts  in  excess 
of  a  fixed  limit.     L.R.A.1915D,  1051. 

§   34.  Stockholder's   liability. 

Effect  of  laches,  see  supra,  §  8. 

Conflict  of  laws  as  to  limitation  of  actions 

against  stockholders.     48  L.R.A.  637. 
Accrual  of   right  of   action  to  put  statute 
of    limitations    into    operation    as    to 
stockholder's     liability     for     corporate 
debts.     10    L.R.A.(N.S.)     897;    L.R.A. 
1917E,  397. 
When  does  the  statute  of  limitations  begin 
to  run  against  the  unpaid  balance 
of  a  stock  subscription.     1  L.R.A. 
(N.S.)   90L 


d.  Actions  hosed  on  torts,  negligence, 
-fraud,  trust,  mistake,  or  usury; 
crimes. 

§  35.  Torts,  negligence. 

Torts  affecting  real  property,  see  infra,  §§ 

40,  4L 
When  action  barred,  see  infra,  §  51. 

Pendency   of   appeal    or   error   as   affecting 
running     of     statute     of      limitations 
against  an  action  for  malicious  prose- 
cution.    43   L.R.A. (N.S.)    611. 
When  statute  begins  to  run  against  action 
by  private  person,  based  on  breach 
of  duty  by  public  oflScer.    62  L.R.A. 
(N.S.)    701. 
When  statute  begins  to  run  against  action 
to  hold   notary   or   other   officer   liable 
for  negligence  or  fraud  in  certifying  to 
acknowledgment  or  affidavit.    49  L.R.A. 
(N.S.)   56. 


844 


INDEX  TO  L.R.A.  NOTES. 


LIMITATION  OF  ACTIONS,  II.  d— cont'd 

When  does  statute  commence  to  run  against 
an  action  for  negligence  or  misconduct 
of  an  attorney  in  performance  of  pro- 
fessional duties.  12  L.R.A.(N.S.)  iOOo; 
51  L.R.A.(N.S.)  279. 

When  limitations  begin  to  run  in  favor  of 
abstracter  of  titles.  12  L.R.A.(N.S.) 
454;  15  L.R.A.(N.S.)  160;  L.R.A. 
1916D,  827. 

When  statute  commences  to  run  against 
physician  or  surgeon  for  malpractice. 
L.R.A.1917C,  1172. 

Limitation  of  actions  against  directors  of 
corporation  for  malfeasance  or  non- 
feasance.    L.R.A.1917A,  982. 

Concealment  or  ignorance  of  cause  of  action 
as  suspending  Statute  of  Limitations 
against  the  action  for  personal  injuries 
or  death.    L.R.A.1917B,  1259, 

New  promise  or  acknowledgment  to  remove 
bar  of  statute  of  limitations  against 
an  action  based  on  tort.  13  L.R.A. 
(N.S.)  912. 


§   3  6.  Fraud. 

Effect  of  laches,  see  supra,  §  10. 
When  action  barred,  see  infra,  §  53. 

In  case  of  concealed  fraiid.  6  L.R.A.  799;* 
7  L.R.A.  826;*  8  L.R.A.  687;*  25 
L.R.A.  566. 

Effect  of  public  records  as  notice  or  evidence 
of  notice  which  will  set  statute  of  limi- 
tations running  against  action  based 
on  fraud.     22   L.R.A. (N.S.)    208. 

Is  action  based  on  fraud  governed  by  stat- 
ute of  limitations  applicable  to  injury 
to  property  or  injury  to  person.  28 
L.R.A. (N.S.)    353. 

Effect  of  rignt  to  attack  property  fraudu- 
lently conveyed,  to  start  statute  of 
limitations  runing  as  against  right  to 
file  creditors' bill.     2  L.R.A. (N.S.)   988. 

Failure  to  notify  other  party  of  mistake 
made  by  him  as  fraud  which  will  toll 
the  statute  of  limitations.  21  L.R.A. 
(N.S.)    950. 

Concealment  of  identity  by  change  of  name 
as  interrupting  statute  of  limitations. 
39  L.R.A.(N.S.)    741. 

When  statute  begins  to  run  against  action 
by  private  person  based  on  breach  of 
duty  by  public  officer  involving  fraud. 
52  L.R.A. (N.S.)    705. 

Effect  of  fraud  on  running  of  limitations  in 
favor  of  directors  of  corporation  for 
malfeasance  or  nonfeasance.  L.R.A. 
1917A,  982. 

§   3  7.  Trusts. 

Effect  of  laches,  see  supra,  §  11. 
When  action  barred,  see  infra,  §  52. 

Effect  of  executor's  promise  as  to  payment 
of  legacv  to  terminate  trust  and  start 
limitation.     9  L.R.A. (N.S.)   214. 

Effect  of  mere  silence  or  failure  to  give  no- 
tice, between  parties  sustaining  trust 
or  confidential  relations,  to  toll  the 
statute  of  limitations.  21  L.R.A. (N.S.) 
963. 

Begin  with  this  booTe  on  every  law  questimi. 


LIMITATION  OF  ACTIONS,  II.  d— cont'd 
Limitation   of    actions   or   suits   to   compel 
guardian  to  account,  or  to  recover  on 
his  bond.    47  L.R.A.(N.S.)  451. 

§   38.  Mistake. 

When  does  statute  of  limitations  commence 
to  run  against  action  to  recover  money 
paid  by  mistake.   11  L.R.A. (N.S.)  1191. 

Failure  to  notify  other  party  of  mistake 
made  by  him  as  fraud  which  will  toll 
statute  of  limitations.  21  L.R.A. (N.S.) 
950. 

§   38a.  Usury. 

When  action  barred,  see  infra,  §  54. 

Against  action  to  recover  penalty  against 
national  bank  taking  usurious  interest. 
56  L.R.A.  705. 

§   38b.  Crimes. 

Running  of  limitations  against  action  to 
recover  stolen  property.  29  L.R.A. 
(N.S.)    120;   34  L.R.A. (N.S.)    62L 

e.  Suits  relating  to  real  property;  tax 
sales. 

§   39.  Generally. 

Effect  of  laches,  see  supra,  §  9. 

Mortgage  on,  see  supra,  §  28. 

When  action  barred,  see  infra,  §§  55-57. 

Effect  of  husband's  life  estate  to  suspend 
or  prevent  running  of  statute  of  limita- 
tions against  wife's  title  to  real  estate 
adversely  possessed.  10  L.R.A. (N.S.) 
86. 

Does  statute  of  limitations  run  during  life 
estate  against  proceedings  by  remain- 
derman to  compel  appropriation  of 
property  by  third  person  having  power 
of  eminent  domain.  15  L.R.A. (N.S.) 
1154. 

Effect  of  void  proceedings  under  which  real 
property  is  sold,  to  start  statute  of 
limitations  running  in  favor  of  pur- 
chaser in  possession.  8  L.R.A. (N.S.) 
354. 

Accrual  of  cause  of  action  for  breach  of 
covenant  of  seisin  or  of  warranty,  so 
as  to  set  in  motion  the  statute  of  limi- 
tations.    17  L.R.A.(N.S.)   1189. 

§40.  For  Injury  to  land;  nuisances. 

When  action  barred,  see  infra,  §  56. 

When  right  of  action  for  injury  to  real 
estate,  from  a  cause  not  imniediatelv 
effective,  accrues.     5  L.R.A.  (N.S.)   379. 

WTien  does  statute  begin  to  run  against  ac- 
tion based  upon  removal  of  minerals 
from  real  estate.     L.R.A.1917C,  116. 

When  does  statute  of  limitations  commence 
to  run  against  action  for  injury  to 
surface  bv  mining  operations  or  other 
excavations.     23   L.R.A.  (N.S.)  •  805. 

Running  of  limitations  against  action  by 
abutting  owner  for  compensation  for 
railroad  in  street.  36  L.R.A. (N.S.) 
835. 


INDEX  TO  L.R.A.  NOTES, 


845 


LIMITATION  OP  ACTIONS,  II.  e— cont'd 
When  cause  of  action  for  continuing  nui- 
sance arises.     L.R.A.1916E,  999. 

§  41.  — caused  by  water. 

Against  municipality  for  injury  by  surface 
water,     65  L.K.A.  285. 

Against  action  for  breach  of  duty  by  munic- 
ipality with  respect  to  drainage.  61 
L.R.A.  711, 

When  does  statute  begin  to  run  against 
action  for  damages  to  land  on  account 
of  obstructing  stream  or  surface  water, 
20  L,R,A.(N,S,)  886;  25  L,R.A.(N.S,) 
645, 

When  does  statute  commence  to  run  against 
action  for  damages  for  the  flooding  of 
land  caused  by  the  digging  of  a  ditch 
or  drain,  20  L.R.A.  (N,S.)  894;  25 
L.R.A.  (N.S.)    645. 

When  does  statute  of  limitations  commence 
to  run  against  action  for  damages 
caused  by  seepage  from  a  ditch  or  canal. 
23  L.R.A.(N.S.)   795, 

Application  of  statute  of  limitations  to 
actions  for  injuries  caused  by  milldam. 
17  L,R,A.(N.S.)  206. 

§  42.  Joint  tenants. 

Accounting  between,  see  supra,  §  30. 

Laches  as  affecting  right  of  one  cotenant 
to  benefit  of  purchase  of  outstanding 
title  by  another,     19  L.RA..(N.S.)   526. 

Disability  of  some,  but  not  all,  of  the  joint 
tenants  as  affecting  the  statute  of  limi- 
tations.    7  L.R.A.(N.S.)   407. 

§  43.  Tax  sales. 

Effect  of  laches,  see  supra,  §  9. 
When  action  barred,  see  infra,  §  57. 

Does  a  void  tax  deed  set  in  motion  special 
statutes  of  limitation  governing  actions 
to  recover  land  sold  for  taxes.  27 
L,R,A,(N.S,)    339, 

Effect  upon  special  statute  of  limitations, 
which  begins  to  run  from  time  actual 
possession  is  taken  under  tax  deed,  of 
fact  that  such  deed  was  void  or  irregu- 
lar,    23  L,R.A.(N.S.)    1102. 

Construction  and  effect  of  statute  of  limita- 
tions in  case  of  substitute  conveyance 
of  land  sold  for  taxes.  44  L.R.A. (N.S.) 
857. 

/.  Decedents'    estates. 

§  44.  Generally. 

When  action  barred,  see  infra,  §  58. 

Effect  of  executor's  promise  as  to  payment 
of  legacy  to  terminate  trust  and  start 
limitations  running.  9  L.R.A.  (N.S.) 
214. 

Is  statute  of  limitations  suspended  during 
period  allowed  administrator  to  bring 
action.     13  L.R.A.(N.S,)    1200, 

Effect  of  appointment  of  temporary  adminis- 
trator,    38  L,R.A,(N.S,)   824. 

Consult  also  L.R.A.  Digests  of  Cases. 


LIMITATION  OF  ACTIONS,  II,— cont'd 
g.  Miscellaneous    Tcinds    of    action. 

§  45.  Generally. 

As  to  liability  of  title  abstracter,  12 
L,R,A,(N,S.)  454;  15  L.R.A.  (N.S.) 
160. 

Against  action  to  recover  stolen  or  lost 
property.  29  L.R.A.  (N,S,)  120;  34 
L.R.A. (N.S.)  621. 

When  right  of  accommodation  party  who 
has  been  obliged  to  pay  bill  or  note  ac- 
crues to  recover  amount  so  paid  from 
accommodated  party.  37  L.R.A. (N.S.) 
787. 

Against  an  action  by  a  surety  against  a 
cosurety  for  contribution.  18  L.R.A. 
(N.S,)    585;   42  L,R,A,(N,S,)    1131, 

h.  Absence;  nonresidence ;  disabilities; 
coverture. 

§46.  Generally. 

Absence  from  state  as  affecting  running  of 
statute  against  judgment,  51  L.R.A, 
(N.S.)   883. 

What  constitutes  "residence  out  of  the 
state"  within  meaning  of  statute.  17 
L.R.A.  225;  47  L.R,A.(N.S.)  309. 

Applicability  to  nonresidents  of  provision 
suspending  limitations  against  defend- 
ant who  is  out  of  state,  until  his  "re- 
turn."    25  L.R.A. (N.S.)   24. 

Applicability  of  provision  that  time  during 
which  defendant  is  a  nonresident  shall 
not  be  computed,  to  defendant  who  was 
a  nonresident  when  cause  of  action  ac- 
crued.   34  L.R.A. (N.S.)  436. 

Applicability  of  tolling  provision  in  general 
statute  when  defendant  absent  from 
state,  to  special  limitation  imposed  by 
statute  creating  cause  of  action  for 
wrongful  death.     38  L.R.A,  (N,S,)    521. 

Effect  of  mortgagor's  absence  from  the  state 
to  toll  the  statute  of  limitations  aa 
against  foreclosure  proceedings  against 
his  grantee.     26  L.R.A. (N.S.)    898. 

Sufficiency  and  effect  of  "return"  to  state 
by  defendant  to  start  statute  of  limi- 
tations running.     23  L.R.A. (N.S.)   547. 

Effect  of  presumption  of  death  from  ab- 
sence upon  operation  of  statute  of  limi- 
tations.    L.R.A.1918B,  93. 

Imprisonment  as  a  disability  within  saving 
clause  of  Statute  of  Limitations.  L.R.A. 
1918F,  352. 

i.  Disabilities;  coverture. 

§  4  7.  Generally. 

Disability  of  some  but  not  all  of  joint  ten- 
ants as  affecting  statute  of  limitations. 
7  L.R.A. (N.S.)  407. 

Interruption  of  statute  of  limitations  by  in- 
fancy of  one  succeeding  to  original  own- 
er's interest,    3  B,  R,  C.  741, 

Mental  incapacity  as  affecting  running  of 
statute  of  limitations.  51  L,R.A. 
(N,S.)    834. 

Statutory  removal  of  disability  of  coverture 
as  repealing  exception  in  Statute  of 
Limitations  in  favor  of  married  women. 
L.R.A.1918C,  193. 


846 


INDEX  TO  L.R.A.  NOTES. 


LIMITATION  OF  ACTIONS— cont'd 

III.  Period  of  limitation;  when  action 
barred. 

a.  In  general. 

§   48.  Generally. 

Vested  right  in  defense  of  bar,  see  supra, 

§  3. 
Effect  of  bar  of  one  remedy,  on  right  to 

other  remedy,  see  supra,  §§  13,  14. 
Presumption  of  payment  from  lapse  of  time, 

see  Evidence,  §  106. 
Limitation  of  actions  to  enforce  judgment, 

see  Judgment,  §  86. 

First  and  last  days  in  computation  of  time 
for.  49  L.R.A.  212;  38  L.R.A.  (N.S.) 
1160. 

Admissibility  of  book  of  account  as  affected 
by  lapse  of  time.    52  L.R.A.  569. 

Applicability  of  general  provision  giving 
additional  time  for  bringing  new  action 
after  failure  of  a  previous  suit,  to 
cause  of  action  created  by  a  statute 
which  prescribes  a  special  limitation 
period.     51   L.R.A.(N.S.)    721. 


l>.  Contracts;  mortgages. 

§   49.  Contracts  generally. 

When   statute  runs,   see  supra,   §  22. 

Recital  of  consideration  as  contract  in  writ- 
ing within  statute  of  limitations.  68 
L.R.A.  931. 

Statute  of  limitations  applicable  to  action 
to  enforce  an  implied  promise  arising 
from  acceptance  of  devise  chargeable 
with  pavment  of  legacy.  8  L.R.A. 
(N.S.)    393. 

§   50.  Mortgages. 

Effect  of  bar  of  other  remedy,  see   supra, 

§  14. 
When  statute  runs,  see  supra,  §  28. 
Removal  of  bar,  see  infra,  §§  65-67,  71. 

Does  the  last  payment  on  a  past-due  debt 
secured  by  a  mortgage,  which  debt  sub- 
sequently becomes  barred,  fix  the  pe- 
riod from  which  the  limitation  applica- 
ble to  the  mortgage  is  to  be  computed. 
11   L.R.A. (N.S.)    744. 


c.  Negligence;   trusts;   fraud;   usury. 

§  51.  Negligence. 

When  statute  runs,  see  supra,  §  35. 

Necessity  of  pleading  limitation  as  a  bar 
to  statutory  action  for  death.  26 
L.R.A.  (N.S.)   1221. 

When  action  against  directors  of  corpora- 
tion for  malfeasance  or  nonfeasance  is 
barred.-    L.R.A.1917A,  985. 

§   52.  Trusts. 

Effect  of  laches,  see  supra,  §  11. 

When  statute  runs,  see  supra,  §  37. 

Begin  uHth  this  book  on  every  law  question. 


LIMITATION  OF  ACTIONS,  HI.  c— cont'd 
Effect  of  statute  of  limitations  on  the  trust 
relationship  arising  from  the  taking  of 
title  in  the  husband's  name,  to  lands  in- 
herited by,  or  purchased  with  the 
money  of,  the  wife.  12  L.R.A. (N.S.) 
493. 
Action  against  directors  of  corporation  for 
malfeasance  or  nonfeasance  as  one  to 
declare  and  enforce  an  implied  trust. 
L.R.A.1917A,  985. 

§   53.  Fraud. 

Effect  of  laches,  see  supra,  §  10. 
When  statute  runs,  see  supra,  §  36. 

Is  action  based  on  fraud  governed  by  stat- 
ute applicable  to  injury  to  property,  or 
injury  to  the  person.  28  L.R.A. (N.S.) 
353. 

When  action  against  directors  of  corpora- 
tion for  malfeasance  or  nonfeasance  is 
barred.    L.R.A.1917A,  985. 

§   54.  Usury. 

W^hen  statute  runs,  see  supra,  §  38a. 

Limit  of  time  for  interposing  defense  of 
usury  against  national  bank.  56  L.R.A. 
686. 

Right  to  set  off  usurious  payments  to  na- 
tional bank  when  right  to  recover  pen- 
alty barred  bv  limitation.  56  L.R.A. 
699. 

■    d.  Suits  relating  to  real  property. 

§   55.  Generally. 

Effect  of  laches,  see  supra,  §  9. 

W'hen  statute  runs,  see  supra,  §§  39-42. 

Mortgage  on,  see  supra,  §  50. 

Limitation  applicable  to  action  to  recover 
compensation  for  property  taken  or 
damaged  in  the  exercise  of  the  power 
of  eminent  domain.     L.R.A.1918E,  139. 

Vested  right  in  defense  of  limitations  in 
.  actions  involving  title  to  real  property. 
45  L.R.A.  609. 

Right  of  one  in  possession  under  void  fore- 
closure sale  as  affected  bv  statute  of 
limitations.      40   L.R.A.  (N.S.)    846. 

Delay  of  infant  or  feme  covert  in  paying 
purchase  price  or  bringing  suit  as  bar 
to  action  for  specific  performance  of 
contract  for  sale  of  land,  of  which  time 
is  not  of  the  essence.  25  L.R.A. (N.S.) 
639. 

§56.  Injuries  to  land. 

When  statute  runs,  see  supra,  §§  40,  41- 

Action  for  injury  to  lateral  support.  68 
L.R.A.  693. 

Action  for  injuries  from  taking  of  water 
supply  by  right  of  eminent  domain.  58 
L.R.A.  258. 

For  damming  back  waters  of  stream.  59 
L.R.A.  888. 

Applicability  of  statute  of  limitations  gov- 
erning action  for  trespass,  to  actions 
for  damages  to  real  property.  26 
L.R.A.  (N.S.)    1047. 

Effect  of  statute  of  limitations  on  liability 
of  life  tenant  for  permissive  waste.  33 
L.R.A.(N.S.)  675. 


INDEX  TO  L.R.A.  NOTES. 


847 


LIMITATION  OF  ACTIONS,  III.  d— cont'd 
§   5  7.  Taxes;   tax  sales. 

Effect  of  laches,  ace  supra,  §  9. 
When  statute  runs,  see  supra,  §  43. 

Statute    limiting    time    for    attack    on    tax 
sale,  or  creating  a  conclusive  presump- 
tion as  to  its  validity,  as  applied  to  a 
sale  under  proceedings,  void  for  juris- 
dictional  defects,   under   which   posses- 
sion   lias    not    been    taken.      8    L.R.A. 
(N.S.)    157. 
Statutory    limitation    of    time    for    relief 
against  tax  deed  as  affecting  right 
to  set  up  invalidity  of  tax  title  as 
a  defense.     46  L.R.A. (N.S.)    1065. 

e.  Decedents'   estates, 

§   58.  Generally. 

When  statute  runs,  see  supra,  §  44. 
Limitation  of  time  to  present  claim  against 

decedent's   estate,   see   Executors   and 

Administrators,  §§  40,  4]. 
Waiver   or  tolling  of   statute  by   personal 

representative,  see  infra,  §  62a. 

Effect  on  devolution  of  decedent's  personalty 
of  statutes  barring  administration  and 
of  lapse  of  time.     15  L.R.A.  497. 

Do  proceedings  for  sale  of  decedent's  real 
property  fall  within  "omnibus"  provi- 
sion of  statute  of  limitations.  25 
L.R.A.(N.S.)    1304. 

/.  Miscellaneotis, 

§   59,  Generally. 

Right  of  eminent  domain  to  acquire  water 
supply.     58  L.R.A.  258. 

Limitation  applicable  to  bastardy  proceed- 
ings or  action  to  compel  support.  40 
L.R.A.  (N.S.)   144. 

Time  within  which  action  must  be  brought 
under  Federal  employers'  liability  act. 
47  L.R.A. (N.S.)    78. 

Action  by  carrier  to  recover  difference  be- 
tween rate  charged  shipper  and  proper 
rate.     49  L.R.A. (N.S.)    100. 

Action  at  law  to  compel  guardian  to  ac- 
count or  to  recover  on  his  bond.  47 
L.R.A.(N.S.)   451. 

Action  against  directors  of  corporation  for 
malfeasance  or  nonfeasance.  L.R.A. 
1917A,  985. 

IV.  Interruption  of  statute;  removal  of 
bar. 

a.  In  general. 

§   60.  Generally. 

What  will  prevent  or  delay  running  of  lim- 
itation on  stipulated  time  for  commen- 
cing suit  on  insurance  policy.  47 
L.R.A.  709;  48  L.R.A, (N.S.)   906. 

Effect  of  overt  act  within  limitation  period 
where  the  conspiracy  was  originally 
formed  and  the  first  act  committed  be- 
yond the  period  of  limitation.  12 
L.R.A.(N.S.)    1053. 

Consult  also  L.R.A.  Digests  of  Cases. 


LIMITATION  OF  ACTIONS,  IV.  a— eont'd 

Effect,  on  running  of  statute  of  limitations, 
of  request  not  to  sue  or  agreement  not 
to  plead  the  statute.  16  L.R.A. (N.S.) 
645. 

Is  statute  of  limitations  suspended  during 
period  allowed  administrator  to  bring 
action.     13  L.R.A. (N.S.)   1200. 

Effect  of  creating  testamentary  trust  for 
payment  of  debts.    5  L.R.A.(N.S.)   361. 

Admissibility  of  books  of  account  to  re- 
move bar  of  limitations.  52  L.R.A.  707. 

Interruption  of  statute  of  limitations  by 
infancy  of  one  succeeding  to  original 
owner's  interest.     3  B.  R.  C.  741. 

Suspension  by  bankruptcy  proceedings. 
L.R.A.1915B,  1221. 

§  61.  Interruption  by  insolvency  as- 
signment. 

Claims  against  fund  assigned  for  creditors. 
26  L.R.A.  737. 

Actions  against  assignor.     26  L.R.A.  737. 

Rule  in  equity.    26  L.R.A.  737. 

Statutory  provisions.     26  L.R.A.  737. 

Fund  obtained  under  United  States  bank- 
ruptcy statute.     26  L.R.A.  738. 

Suits  against  bankrupt.    26  L.R.A.  738. 

§  62.  Power  of  partner  after  dissolu- 
tion to   interrupt  statute. 

Generally.     15  L.R.A.  656. 

Power  to  revive  liability  upon  barred  debt. 

15  L.R.A.  657. 
Rule  as  to  debts  not  yet  barred.    15  L.R.A. 

658. 
Notice  of  dissolution.     15  L.R.A.  659. 
Giving  note,  confessing  judgment,  etc.     15 

L.R.A.  660. 
Power   of   liquidating   partner.      15   L.R.A. 

660. 
Special  cases;  contribution.     15  L.R.A.  G60. 
Statutory  changes.     15  L.R.A.  660. 

§  62a.  Waiver  or  tolling  of  statute  by 
personal  representative. 

Waiver  or  tolling  of  the  statute  of  limita- 
tions or  nonclaim  by  personal  rep- 
resentative as  to  an  indebtedness 
of  the  estate.     L.R.A.1915B,  1016. 

J).  By  suit. 

§  63.  Generally. 

When  action  based  on  service  by  publication 
deemed  commenced,  for  purpose  of  stat- 
ute of  limitations.  28  L.R.A. (N.S.) 
702. 

Loss  of  cause  of  action  by  lapse  of  time 
pending  suit.    18  L.R.A.  211. 

Fault  of  plaintiff  causing  failure  of  suit  as 
affecting  his  right  to  additional  time 
allowed  bv  statute  for  bringing  new 
action.     11  L.R.A. (N.S.)    478. 

Suspension  of  operation  of  Statute  of  Limi- 
tations as  incident  to  grant  or  denial 
of  equitable  relief.     L.R.A.1918C,  123. 

Suspension   by   injunction.     30  L.R.A.   142. 

Effect  of  injimction  against  legal  proceed- 
ings to  prevent  running  of  statute.  3 
L.R.A.(N.S.)  1187;  23  L.RJl.(N.S.) 
673;  L.R.A.1918F,  688. 


848 


INDEX  TO  L.R.A.  NOTES. 


LIMITATION  OF  ACTIONS,  IV.  b— cont'd 

Quashing  summons  or  setting  aside  service 
tliereof  as  affecting  statute  of  limita- 
tions.    45  L.R.A.(N.S.)    756. 

Pending  of  suit  by  third  person  as  sus- 
pending the  running  of  the  statute  of 
limitation.    .'52  L.R.A.  (N.S.)  1165. 

Suit  affecting  title  to  real  estate  not  prose- 
cuted to  an  actual  change  of  possession 
as  tolling  Statute  of  Limitations. 
L.R.A.1918A,  1046. 

Failure  of  action  because  planted  in  wrong 
court  as  ground  for  tolling  limitation 
statute.    L.R.A.1917C,  208. 

Right  of  one  creditor  to  intervene  in  an- 
other's action  after  the  period  for  be- 
ginning such  action  has  expired.  L.R.A. 
19I7D,  885. 

§  64.  Relation  of  new  pleadings  to 
statute   of   limitations. 

In  general.     3  L.R.A. (N.S.)  259:  33  L.R.A. 

(N.S.)  196;  47  L.R.A. (N.S.)  932. 
The   statutes   and   their    interpretation.     3 

L.R.A. (N.S.)  260. 
The    allowing    of    amendments.      3    L.R.A. 

(N.S.)    264. 
Underlying  principles.     3  L.R.A.  (N.S.)  267. 
The    question    of    applying    the    principles. 

3  L.R.A. (N.S.)  272. 
Illustrative  cases.     3  L.R.A. (N.S.)   275;  47 

L.R.A.(N.S.)    933. 
Changes  from  law  to  law.     3  L.R.A. (N.S.) 

287;    30   L.R.A. (N.S.)    1096. 
Amendment  to  avoid  the  bar  of  the  statute 

of  limitations.  3  L.R.A.  (N.S.)  293. 
Enlarging  claims.  3  L.R.A. (N.S.)  293. 
Limitation  by   contract   or   special   statute, 

3  L.R.A.(N.S.)    294. 
Transition  from  Federal  to  state  court.     3 

L.R.A.(N.S.)   295. 
Lack   of  jurisdiction    in   the   beginning.      3 

L.R.A.(N.S.)    296. 
Premature  suits.     3  L.R.A. (N.S.)    296. 
Structural  weakness  at  the  outset.    3  L.R.A. 

(N.S.)    296. 
Changes  in  parties.    3  L.R.A. (N.S.)  304. 
Effect  of  amendments  on  suit  affecting  title 

to  real  estate  not  prosecuted  to  an  ac- 
tual   change    of    possession    as   tolling 

Statute  of  Limitations.     L.R.A.1918A, 

1048. 

c.  Payment. 

§   65.  Generally. 

Right  to  apply  indebtedness  owed  by  cred- 
itor to  debtor  for  purpose  of  tolling 
statute.     L.R.A.19:5E,  794. 

Effect  of  payments  to  estop  one  from  plead- 
ing statute  of  limitations.  63  L.R.A. 
203. 

Effect  of  payment  on  conditions  to  take  a 
debt  out  of  the  bar  of  the  statute  of 
limitations.     55  L.R.A.  320. 

Begin  tvith  this  book  on  evei-y  law  question. 


LIMITATION  OF  ACTIONS,  IV.  o— cont'd 

Revival  of  barred  debt  by  application  of 
general  payment.  14  L.R.A.  208;  13 
.L.R.A.(N.S.)    1141. 

Right  to  apply  indebtedness  owed  by 
creditor  to  debtor,  for  purpose  of  toll- 
ing statute.     42  L.R.A.  (N.S.)    1155. 

Effect  of  giving  a  check  for  an  indebtedness, 
or  part  thereof,  to  toll  the  statute  of 
limitations  upon  the  original  indebted- 
ness.    18  L.R.A. (N.S.)    223. 

At  what  time  does  a  partial  payment  made 
by  check  or  note  arrest  the  running  of 
tiie  statute  of  limitations.  1  B.  R.  C. 
494. 

Effect  of  payment  on  barred  judgment.  8 
L.R.A. (N.S.)   445. 

Effect  of  payment  on  security  held  as  col- 
lateral to  stay  running  of  statute 
against  principal  obligation.  12  L.R.A. 
(N.S.)   1032. 

Giving  of  commercial  paper  as  taking  debt 
out  of  statute.     35  L.R.A. (N.S.)    07. 

Effect  of  specific  application  of  payment  to 
last  item  of  open  account  upon  tlie 
statute  of  limitations.  19  L.R.A. (N.S.) 
126. 

Does  the  last  payment  on  a  past-due  debt 
secured  by  a  mortgage,  which  debt  sub- 
sequently becomes  barred,  fix  the  period 
from  which  the  limitation  applicable  to 
the  mortgage  is  to  be  computed.  11 
L.R.A.(N.S.)  744. 

§66.  Effect  on  one  person,  of  payment 
■  by  another. 

Payment  by  principal  as  extending  limita- 
tion period  as  to  surety.  37  L.R.A. 
(N.S.)    272. 

Payment  by  joint  debtor  as  agent  of  co- 
debtor,  as  suspending  or  tolling  statute 
of  limitations  as  to  himself.  38  L.R.A. 
•  (N.S.)    685. 

Effect  of  part  payment  on  mortgage  by  one 
cotenant  to  toll  statute  of  limitations 
as  to  others.     27  L.R.A. (N.S.)    146. 

Effect  of  payment  by  mortgagor  to  toll  stat- 
ute as  against  his  grantee  or  other  per- 
son holding  interest  in  property 
through  him.    28  L.R.A. (N.S.)  169. 

Payment  of  interest  by  dcTisee  of  property 
covered  by  mortgage,  as  keeping  debt 
alive  against  whole  estate.  2  B.  R.  C. 
293. 

Effect  of  payment  by  personal  representa- 
tive to  toll  statute  as  to  an  indebted- 
ness of  the  estate.     L.R.A.1915B,  1047. 

§6  7.  Application  of  proceeds  of  invol- 
untary  sale. 

Effect  of  application  to  indebtedness  of 
proceeds  of  sale  of  collateral  security, 
upon  running  of  statute  of  limitations. 
27  L.R.A. (N.S.)  843;  L.R.A.1916A,  734. 

Effect  of  application  of  proceeds  of  sale 
under  deed  of  trust  or  mortgage  upon 
the  running  of  the  statute  of  limita- 
tions against  the  indebtedness  secured. 
14  L.R.A.(N.S.)   479. 


INDEX  TO  L.K.A,  NCKl'ES. 


849 


LIMITATION  OF  ACTIONS,  IV.— cont'd 
d.  New    promise    or    achnowledgment. 

§   68.  Generally. 

New  promise  after  bar.     53  L.R.A.  362. 
Effect  of  new  promise  or  acknowledgment  of 

debt   to   remove   bar   of   limitations   to> 

enforce  vendor's  lien.     39  L.R.A.  (N.S.) 

1177. 
New  promise  or  acknowledgment  to  remove 

bar  of  statute  of  limitations  against  an 

action  based  on  tort.     13  L.R.A. (N.S.) 

912. 
EflFect  of  new  promise  or  payment  on  barred 

judgment.      8   L.R.A. (N.S.)    440, 

§   69.  To   whom   must  be  made. 

Person    to   whom   acknowledgment    or    new 
promise  must  be  made  to  toll  the 
statute    or    remove    the    bar.      25 
L.R.A. (N.S.)  805;  33  L.R.A.  (N.S.) 
262. 
To  whom  acknowledgment  or  new  promise 
by  personal  representative  may  be  made 
so  as  to  toll  or  waive  statute  as  to  in- 
debtedness of  the  estate.     L.R.A.1915B, 
1047. 

§    7  0.  Sufliciency  of. 

Promise  to  pay  as  soon  as  one  can.  27 
L.R.A.(N.S'.)   300;  L.R.A.1918A,  902. 

Expression  of  hope  or  expectation  as  a  new 
promise  which  will  toll  the  statute  of 
limitations.     38  L.R.A. (N.S.)  577. 

New  promise  accompanied  by  request  to 
know  if  creditor  is  satisfied.  43  L.R.A. 
(N.S.)    535. 

Unaccepted  offer  of  compromise  as  tolling 
statute.     37  L.R.A.  (N.S.)   885. 

Devise  or  legacy  reciting  consideration  as 
acknowledgment  affecting  bar  of  stat- 
ute.   1  L.R.A.(N.S.)  1117. 

§  71.  Effect  on  one  person,  of  ac- 
knowledgment or  promise  by  an- 
other. 

Promise  by  principal  as  extending  limita- 
tion period  as  to  surety.  37  L.R.A. 
(N.S.)    272. 

Acknowledgment,  or  promise  to  pay  by 
joint  debtor  as  agent  of  codebtor,  as 
suspending  or  tolling  statute  of  limita- 
tions as  to  himself.  38  L.R.A. (N.S.) 
685. 

EflFect  of  acknowledgment  by  mortgagor  to 
toll  statute  as  against  his  grantee  or 
other  person  holding  interest  in  prop- 
erty through  him.  28  L.R.A.  (N.S.) 
169. 

Effect  of  acknowledgment  or  new  promise 
by  personal  representative  to  toll  stat- 
ute as  to  an  indebtedness  of  the  estate. 
L.R.A.1915B,  1044. 


lilMITATION  OF  INDEBTEDNESS. 

Of  county,  see  Counties,  §  10. 
Of    municipality,    see    Municipal    Cobpo- 
RATIONS,  §^  65-67. 


LIMITATION       OF       INDEBTEDNESS— 

cont'd 
Of  school  district,  see  Schools,  §  33. 
Of  state,  see  States,  §  15. 

Enforceability  of  loan  to  private  corpora- 
tion wliicli  alone  or  in  connection  with 
existing  indebtedness  exceeds  the  cor- 
poration's power  to  incur  indebtedness. 
11  L.R.A.(N.S.)   598. 

♦-•-♦ 


LIMITATION   OF  LIABILITY. 

Of  carrier,  see  Carriers,  §§  28,  29,  91,  128- 

135. 
Of  shipowner,  see  Shipping,  §  20. 
Of    telegraph    company,    see    Telegraphs, 

§§  20,  21. 

By  surety  for  surety.     21  L.R.A.  250. 

Limitation  by  statute  of  liability  for  set- 
ting fires  spreading  to  property  of 
others.     21  L.R.A.  256. 

Effect  of  statute  limiting  innkeeper's  liabil- 
ity for  goods  not  delivered  into  his 
custody.  22  L.R.A.  (N.S.)  577;  51 
L.R.A.(N.S.)    1168. 

How  far  does  limitation  of  liability  in 
policy  of  indemnity  insurance  against 
liability  for  injuries  to  employees  and 
others  include  expenses  of  litigation. 
12  L.R.A.(N.S.)  479;  43  L.R.A. (N.S.) 
1128. 

Effect  of  provision  for,  in  lease  on  liability 
of   landlord   to   tenant   for   damage   bv^ 
water.    L.R.A.1917B,  233,  245. 


LIMITATION    OVER. 

Under   rule   in    Shelley's   Case,   see   Deeds, 

§  30;  Wills,  §  82. 
In  general,  see  Deeds,  §  31;  Wills,  §  93. 


♦-•-♦ 

LIMITED    LIABILITY. 

See  Shipping,  §  20. 

♦  •»  , 
LIMITED  PARTNERSHIP. 

See  Pabtneeship,  §  58. 

#  >  » 

LIMITED   PROBATE. 

Contents  of  will  as  affecting  right  to. 
L.R.A.(N.S.)  971. 


34 


LIMITED    TICKETS. 

Passenger's  right  to  stop  over  in  case  of. 
28  L.R.A.  775. 


Consult  also  JL.R.A.  Digests  of  Cases,    54 


850 


INDEX  TO  L.R.A.  NOTES. 


IjINe  fence. 


See  Fences,  §§  2,  3. 


LINEMEN. 


In  general,  see  Electricity,  III, 
Master's  liability  for  injury  to,  generally, 

see  Master  and  Servant,  §  86. 
Master's    liability    for    negligence    of    vice 

principal     toward,     see     Master    and 

Servant,  §  154. 


LINSEED  OIL. 


Right  to  require  that  oil  offered  for  sale 
shall  answer  a  designated  standard  of 
purity.     41  L.R.A.  (N.S.)    150. 


LION. 

Liability  for  injury  by.     52  L.R.A.  (N.S.) 
378. 


^•» 


LIQUIDATED   DAMAGES. 

See  Damages,  §§  38-40. 

♦-•-♦ 

LIQUIDATED   DEMANDS. 

Accord   and   satisfaction   by   part   payment 
of.     20  L.R.A.  789;   L.R.A.1917A,  719. 


LIQUIDATING  PARTNER. 

Powers  of,  see  Partnership,  §  34. 

Right  to  compensation.  11  L.R.A. (N.S.) 
1018;  17  L.R.A.(N.S.)  396;  21  L.R.A. 
(N.S.)  1005;  L.R.A.1917F,  576. 


LIQUOR  LICENSE. 

See  Intoxicating  Liquors,  §§  9-16. 


LIQUOR   NUISANCE. 

See  Intoxicating  Liquors,  §  37. 


LIQUORS. 


LIS  PENDENS. 

§    1.  Generally. 

Abatement  by  pendency  of  action.  ?ee 
Abatement  and  Revival,  §§  5-7. 

Index  of,  as  part  of  record  of  title.  14 
L.R.A.  395. 

Suit  for  specific  performance  of  contract 
in  relation  to  real  property  as  lis 
pendens.     36  L.R.A.  (N.S.)   552. 

§   2.  Commencement   of. 

Beginning  of  lis  pendens  as  to  rights  as- 
serted by  defendant  as  basis  of  affirm- 
ative relief.     8  L.R.A. (N.S.)    464. 

§   3.  Eflfect  of. 

Pendency  of  action  as  creating  contingency 
of  claim  affecting  time  for  its  presenta- 
tion.    58  L.R.A.  84. 

Filing  of,  as  notice  of  assignment.  66 
L.R.A.  771. 

Effect  of  filing  of  lis  pendens  on  marketa- 
bility of  title.     38  L.R.A. (N.S.)   29. 

§   4.  Purchase  pending  suit. 

Protection  to  one  purchasing  after  decree 
and  before  any  steps  have  been  taken 
to  review  the  same,  10  L,R,A. (N.S.) 
443. 

Substitute  conveyances  pendente  lite.  44 
L.R.A. (N.S.)    859. 

Invoking  theory  of  lis  pendens  in  case  of 
transfer  of  property  in  violation  of  re- 
straining order.     50  L.R.A. (N.S.)'  873. 

Rights  of  one  acquiring  interest  in  property 
from  party  to  suit  pending  proceedings 
in  appellate  court.  27  L.R.A,  (N.S.) 
735, 


LIST. 


Failure  to  file  tax  list,  see  Taxes,  §  52, 


LISTENING. 


At  railroad  crossing,  see  Railroad,  §§  83, 
84, 

Voluntariness  of  confession  procured  by,  18 
L,R,A,(N.S.)   843. 


LISTING. 

What   constitutes   listing  of   property  with 
broker.     24  L.R.A.(N.S.)   562, 


See  Intoxicating  Liquors. 

Begin  %oith  this  hooTe  on  every  law  question 


LITERARY  AND   ARTISTIC 
PROPERTY. 

Copyright  on,  see  Copyright. 

Literary   critcism   as  libel,  see  Libel  and 

Slander,  §  15. 
Rights  in,  as  between  master  and  servant, 

see  Master  and  Servant,  §  14. 


INDEX  TO  L.R.A.  NOTES. 


851 


LITERARY  AND  ARTISTIC  PROPERTY 

— cont'd 

Rights  at  common  law  in  intellectual  pro- 
ductions. 9  L.R.A.(N.S.)  174;  43 
L.R.A.(N.S.)   639. 

Common-law  right  in  unpublished  pictures. 
1  B.  R.  C.  195. 


lilTERATURE. 


Validity  of  bequest  for  literary  purposes. 
37*L.R.A.(N.S.)    1006. 


lilTIGATION. 


Arising  out  of  Mexican  revolution.  L.R.A. 
1917A,  280;  L.R.A.1918E,  361. 

Equal  privileges  as  to.    14  L.R.A.  583. 

Power  of  corporate  president  as  to.  14 
L.R.A.   360. 

Hazard  of,  as  affecting  marketability  of 
title.     38  L.R.A.  (N.S.)   14. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest  where 
settlement  of  estate  is  delayed  by.  31 
L.R.A.  (N.S.)    355. 

Publication  of  matters  derogatory  to 
parties  to,  as  attempt  to  prevent  or 
obstruct  course  of  justice  or  as  con- 
tempt of  court.    2  B.  R.  C.  483. 

Grantee's  oral  promise  to  grantor  to  hold 
in  trust  made  for  purpose  of  avoiding 
litigation  and  giving  rise  to  construc- 
tive  trust.     39   L.R.A. (N.S.)    916. 

Use  of  public  funds  to  pay  expenses  in- 
curred by  officer  or  citizen  in  litigation. 
L.R.A.1916D,  92. 


LITIGIOUS   RIGHTS. 

Purchase  or  sale  of.     L.R.A.1916E,  72. 


lilTTORAIi  OWNERS. 

See  Waters,  II. 


IjIVERY  STABLE. 


14, 


§   1.  Generally. 

As  to  boat  livery,  see  Boat  Livebt. 
Lien  for  keeping  horses,  see  Liens, 
17. 

Care  required  of  keeper  of  boarding  stable. 

23   L.R.A. (N.S.)    188. 
Keepers  of,  as  independent  contractors.    65 

L.R.A.  468. 
Liability  of  keeper  for  loss  of  property  of 

patron.     3  L.R.A.(N.S.)    348. 
Liability  of  stranger's  property  in  hands  of 

livery    keeper   to   distress.      25    L.R.A, 

(N.S.)    796. 
Consult  also  L.R.A.  Digests  of  Cases. 


LIVERS    STABLE— cont'd 

Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  livery  stable  busi- 
ness as  affected  by  territorial  scope. 
24L.R.A.(N.S.)  929;  L.R.A.1916C,  630. 

§   2.  Use  of  property  for. 

As  a  nuisance.     17  L.R.A. (N.S.)    1025;   49 

L.R.A.(N.S.)   958. 
Municipal  regulation  of,  as   nuisance.     38 

L.R.A.  653. 
Power  to  use  property  for,  conditional  upon 

consent  of  neighbors.     8  L.R.A. (N.S.) 

978. 

§  3.  Hiring  of  horses. 

Warranty    of    horse    or    vehicle    kept    for 

hire.     19  L.R.A.  283. 
Duty  of  livery-stable  keeper  as  to  character 

of  horse.    25  L.R.A. (N.S.)   372. 
Who  is  responsible  for  acts  of  driver  fur- 
nished with  a  hired  vehicle.     13  L.R.A. 

(N.S.)     1122;     16    L.R.A.(N.S.)     816; 

25   L.R.A. (N.S.)    33;    38   L.R.A. (N.S.) 

973;  L.R.A.1918E,  121. 
Liability  of  hirer  for  injury  to  horse  while 

being   used   for   a   purpose   other   than 

that  for  which  it  was  hired.    26  L.R.A. 

366;   28  L.R.A. (N.S.)    1106. 
Implied  or  apparent  authority  of  agent  or 

employee   to  bind   principal   for  horse 

hire.     L.R.A.1916B,  755. 


LIVE   STOCK. 


In  general,  see  Animals. 
Transportation   of,   see   Carkiees,   §§    124- 
127. 

Cattle  yards  on  railroad  right  of  way  as 
separate  subjects  of  taxation.  L.R.A. 
1916E,  416. 


LIVING  PERSON. 


Collateral  impeachability  of  findings  as  to 
jurisdictional  facts  on  wliich  admin- 
istration of  estate  of  living  person  is 
based.     18  L.R.A.  242. 

Validity  of  acts  by  executor  or  adminis- 
trator under  letters  testamentary  or 
of  administration  where  person  is  sub- 
sequently proved  to  be  alive.  21  L.R.A. 
147;  43L.R.A.(N.S.)  634. 


LLOYDS. 

Insurance  by,  see  Insurance, 
203. 


11,   64, 


LOADING   CARS. 


As   delivery   to    carrier.      32   L.R.A.(N.S.) 
313;  L.R.A.1916C,  608. 


852 


INDEX  TO  L.R.A.  NOTES. 


LOADING  CAR&— cont'd 

As  railroad  hazard  within  statute  changing 

fellow  servant  rule.     18   L.R.A.(N.S.) 

480;  47  L.R.A.(N.S.)  115. 
Provision  exempting  carrier  from  liability 

for  loss  due  to  loading  as  extending  to 

loss  caused  by  negligence.     6  B.  R.  C. 

131. 


LOADING   VESSELS. 

See  Shipping,  §  19. 


LOAN. 

§   1.  Generally. 

To  member  of  building  and  loan  association, 
see  Building  and  Loan  Associations. 

Interest  on,  see  Interest. 

Secured  by  mortgage,  see  Chattel  Mort- 
gage; Mortgage. 

License  on  business  of  making,  see  License, 
§  32. 

Municipal  control  over  money  lenders,  see 
Municipal  Corporations,  §  45. 

Of  credit,  constitutional  provision  as  to,  see 
Public  Money,  §  4. 

Usury  in,  see  Usury. 

As  to  advances,  see  Advances. 

Distinction  between  bailment  and  loan  of 
money.     L.R.A.1916F,  92. 

Admissibilitv  of  books  of  account  to  prove. 
52  L.R.A.  703. 

Validity  of,  when  made  in  violation  of  law. 
12   L.R.A.(N.S.)    603. 

Of  intoxicating  liquors  as  a  sale.  8  L.R.A. 
(N.S.)  937;  31  L.R.A.  (N.S.)  517; 
L.R.A.1915C,  648. 

Husband's  liability  for  money  loaned  wife 
to  purchase  necessaries.  65  L.R.A.  550 ; 
47  L.R.A.(N.S.)  283. 

Creation  of  partnership  by  sharing  in  profits 
of  making  loans.  18  L.R.A.  (N.S.) 
1055. 

Allowance  of  interest  during  continuance  of 
partnership  on  advances  by  way  of 
loan  in  favor  of  partner  making  ad- 
vances.    35   L.R.A.  (N.S.)    224. 

Authority  of  one  negotiating  loan  to  col- 
lecting loan  without  possession  of  se- 
curity.    23   L.R.A. (N.S.)    419. 

Right  of  broker  to  commissions  where  loan 
fails  because  of  owner's  refusal  to  give 
indemnity  against  possible  mechanics' 
liens  or  other  encumbrances.  15  L.R.A. 
(N.S.)   187. 

Remedies  in  case  of  loan  to  corporation  un- 
der ultra  vires  contract  of  borrowing 
apart  from  an  action  on  the  contract 
itself.    L.R.A.1917A,  1028. 

Liability  of  corporation  directors  for  loss 
by  making.     55  L.R.A.  762. 

When  statute  of  limitations  begins  to  run 
against  liability  of  directors  of  corpo- 
ration for  making  illegal  loan.  L.R.A. 
1917A,  984. 

Begin  uHth  this  hooTe  on  every  law  question. 


LOAN — cont'd 

Liability  of  bank  directors  in  case  of  bad 
loans.  55  L.R.A.  751;  39  L.R.A. (N.S.) 
173. 

Enforceability  of  loan  to  private  corpora- 
tion which  alone  or  in  connection  with 
existing  indebtedness  exceeds  the  cor- 
poration's power  to  incur  indebtedness. 
11   L.R.A. (N.S.)    598. 

Validity  of  lien  given  to  secure  loan  used 
by  bankrupt  to  give  one  creditor  a 
preference.     24  L.R.A.  (N.S.)    184. 

Is  money  loaned  to  improve  land  part  of  the 
purchase  price  within  the  rule  that  a 
purchase  money  lien  takes  priority 
over  homestead  rights.  41  L.R.A. 
(N.S.)   89. 

Validity  of  statute  requiring  persons  en- 
gaged in  business  of  loaning  money  on 
chattel  security  or  security  of  wages 
to  file  a  record  of  loans  made.  25 
L.R.A. (N.S.)   686. 

Lending  money  to  competitor  of  covenantee 
as  breach  of  covenant  not  to  engage  in 
business.     L.R.A.1915B,  1204. 

Conflict  of  laws  as  to  loan  agreements  in  in- 
surance contracts.  52  L.R.A.  (N.S.) 
281. 

Effect  of  loan  as  working  forfeiture  of  op- 
tions under  insurance  policy.  L.R.A. 
1917A,  1241. 

Action  on  contractor's  bond  for  money 
loaned.     43  L.R.A. (N.S.)    171. 

Do  loan  contracts  canceled  upon  death  con- 
stitute insurance.  47  L.R.A.  (N.S.) 
298. 

Authority  of  one  negotiating  loan  to  collect 
loan  without  possession  of  security. 
L.R.A.1916B,  861. 

Liability  of  infant  for  money  loaned  him 
through  his  fraudulent  representations. 
6  B.  R.  C.  761. 

§  2.  Ratification  of. 

Ratification  of  unauthorized  loan  by  agent 
by  retention  of  benefits.  2  B.  R.  C. 
743. 

What  will  constitute  an  implied  ratifica- 
tion of  an  unauthorized  loan  effected 
by  an  agent.  6  L.R.A. (N.S.)  311;  52 
L.R.A.(N.S.)  571. 

§  3.  Guaranty  of. 

By  national  bank,  see  Banks,  §  37. 

As  to  guaranty  generally,  see  Guaranty. 

Guaranty  of.     16  L.R.A.(N.S.)    370. 

§   4.  Rights  of  lender. 

Right  of  one  loaning  his  property  to  an- 
other to  claim  title  against  the  latter's 
vendees  or  creditors.  25  L.R.A.  (N.S.) 
778. 

Right  of  one  loaning  money  for  purchase 
price  of  property  to  be  subrogated  to 
vendor's    lien.     37    L.R.A. (N.S.)     1203. 

Right  to  recover  back  money  loaned  for  the 
purpose  of  being  used  in  an  illegal 
transaction  or  with  knowledge  of  the 
borrower's  intention  so  to  use  it.  L.R.A. 
1918C,  247. 


INDEX  TO  L.R.A.  NOTES. 


853 


LOAN— cont'd 

§   5.  Breach  of  contract  to  make. 

Damages  recoverable  for  breach  of  contract 
to  lend  money.  37  L.R.A.  233;  29 
L.R.A.(N.S.)    194;  L.R.A.1916F,  506. 

Breach  of  agreement  of  insurer  to  make  loan 
on  policy  as  justifying  rescission  and 
recovery  of  premiums  by  insured.  30 
L.E.A.(N.S.)    1202. 


§   6.  Of  public  money. 

Loan  of  public  money  to  citizens. 
475. 

♦-•-» 


14  L.R.A. 


LOAN    AGENCY. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  services  by.  53 
L.RJ^.  77. 


LOAN  ASSOCIATIONS. 

See  Building  and  Loan  Associations. 


^*» 


LOAN  BROKERS. 

Constitutionality  of   legislation   as  to,   see 

Constitutional  Law,  §  121. 
License  of,  see  Licenses,  §  32. 


LOAN    COMPANIES. 

Right  of  foreign  company  to  enter  state.  24 
L.R.A.  314. 


LOAN  OFFICE. 


Usurious  loan  office  as  a  disorderly  house. 
24  L.R.A.(N.S.)   507. 


LOATHSOME    DISEASE. 

Condonation  of,  as  defense  to  action  for  di- 
vorce or  annulment  of  marriage.  5 
L.R.A.  (N.S.)    729. 

Slander  in  charging  person  with  having.  24 
L.R.A.(N.S.)    613. 


LOBBYING. 


Validity  of  contract  for  services  to  pro- 
cure legislation,  see  Contracts,  §  102. 

Power  of  municipal  corporation  or  govern- 
mental body  to  use  public  funds  to  pro- 
mote the  passage  or  to  secure  the  de- 
feat of  a  law.     L.R.A.1917B,  358. 

Consult  also  L.R.A.  Digests  of  Cases, 


LOBSTER. 

Governmental  regulation  of  lobster  fishing. 
39  L.R.A.  590. 


#•» 


LOCAL  IMPROVEMENTS. 

See  Public  Improvements. 


LOCALITIES. 


Discrimination  by  carrier  against  localities 
in  regard  to  transit  privileges.  L.R.A. 
1918A,  186, 


LOCAL  LAW. 


Effect  in  other  state  of  judgment  based  on 
local  or  peculiar  law  affecting  the  mer- 
its of  the  cause  of  action  or  defense. 
L.R.A.1915F,  984. 


^•» 


LOCAL    OPTION. 

See  Intoxicating  Liquors,  §  8. 

♦■»-♦ 

LOCAL    PREJUDICE. 

As  ground  for  removal  of  cause  to  Federal 
court,  see  Removal  of  Causes,  §  10. 


LOCAL  SELF-GOVERNMENT. 

In  general,  see  Constitutional  Law,  §  20a. 
Of  municipality,   see  Municipal  Corpora- 
tions, §  5. 


LOCAL  TAXATION. 

See  Public  Improvements,  IV. 


LOCATION. 


Of  insured  property,  see  Insurance,  §§  78, 

87. 
Of  mining  claim,  see  Mines,  §§  9-21. 
Of    public    buildings,    contract    as    to,    see 

Public  Buildings,  §  2. 
Of  railroad,  see  Railroads,  §  23. 
Of  railroad  station,  see  Rah-roads,  §  27. 
Fraud  or  mistake  as  to  location  of  land  sold, 

see  Vendor  and  Purchaser,  §  29. 

Right  of  witness  to  express  opinion  aa  to. 

L.R.A.1918A,  6'&8. 
Expression  of  opinion  as  to,  as  a  fraud.    35 

L.R.A.  438. 


854 


INDEX  TO  L.R.A.  NOTES. 


LOCATION— cont'd 

Conclusiveness  of  decisions  or  findings  of 
the  Land  Department  as  to  location  of 
lands.     L.R.A.1918D,  630. 

Effect  of  defendant's  mistake  as  to  location 
of  property  on  right  to  specific  per- 
formance.    15  L.R.A.  (N.S.)    84. 

Of   mining   shaft.     7   L.R.A. (N.S.)    840. 

Validity  of  public  restrictions  as  to  loca- 
tion of  mercantile  business.  49  L.R.A. 
(N.S.)  439;  L.R.A.1917F,  1060. 


liOCKOUT. 


Effect  on  construction  of  express  provision 
in  charter  party  Against  demurrage  in 
case  of.    5  L.R.A.(N.S.)  126. 


liOCKS, 

Occupancy   of   canal   lock.     4  L.R.A. (N.S.) 

.    717. 


LOCOMOTIVE. 


Headlight  on,  see  Headlights. 
Master's  liability  for  injury  to  third  person 
by,  see  Master  and  Servant,  §  178. 

Nondelegability  of  duty  to  protect  servant 
from  defects  in.     54  L.R.A.  71,  79. 

Master's  liability  for  injury  to  servant  by 
defects  in.     54  L.R.A.  171. 

Master's  liability  for  vice  principal's  negli- 
gence in  handling.     54  L.R.A.   127. 

Liability  of  railroad  company  for  injury 
to  person  wrongfully  riding  on  a  loco- 
motive by  collusion  with  train  em- 
ployee.    37  L.R.A. (N.S.)    426. 


LODE. 


Mining  lodes,  see  Mines,  §  6. 


LODGE. 

Forfeiture  of  benefit  certificate  by  default 
of  subordinate  lodge.     50  L.R.A.  111, 

Waiver  by  officers  of  subordinate  lodge  of 
forfeiture  for  nonpayment  of  assess- 
ment. 4L.R.A.N.S.)  421;  L.R.A.1915E, 
152. 

Liability  of  lessor  of  lodge  room  for  per- 
sonal injury  to  patron.  L.R.A.1916F, 
1129. 


LODGER— cont'd 

Right  of,  to  notice  to  redeem  from  tax  sale. 
44   L.R.A.(N.S.)    676. 

Right  of  married  woman  to  maintain  ac- 
tion for  lodging  of  third  person  living 
in  the  home.     46   L.R.A.  (N.S,)    238. 

Landlord's  liability  for  injury  to  roomers 
of  tenant.     L.R.A.1916F,  1089. 


LODGE  ROOM. 


Liability  of  lessor  for  personal  injuries  to 
patron.    L.R.A.1916F,  1129. 


LODGING   HOUSES. 

Power  to  require  license  to  keep,  see  Li- 
cense, §  22b. 

Constitutionality  of  statutory  regulations 
as  to  safety  and  sanitary  conditions  of. 
17   L.R.A. (N.S.)    486. 

As  violation  of  restrictive  covenant  in  deed. 
41  L.RJiL.(N.S.)   625. 

Lien  of  one  other  than  innkeeper  or  board- 
ing house  keeper,  who  rents  rooms  or 
apartments.     L.R.A.1915F,  665. 

Hiring  room  in,  as  affecting  domicil  or  resi- 
dence.    L.R.A.1917D,  788. 


LOGGING  RAILROAD. 

As  a  common  carrier.    L.R.A.1918B,  685. 

Exercise  of  eminent  domain  for.  1  L.R.A. 
(N.S.)   969;  L.R.A.1917A,  102. 

Liability  of  proprietor  of  logging  railroad 
for  injuries  sustained  by  person,  other 
than  employee,  while  being  carried 
thereon.  12  L.R.A.  (N.S.)  131;  22 
L.R.A.(N.S.)    190. 


LODGER. 

Liability  for  ejecting  sick  lodger  from  build- 
ing after  termination  of  right  of  occu- 
pancy.    55  L.R.A.  258. 

Begin  toith  this  hook,  on  every  law  question. 


LOGS    AND    LOGGING. 

I.  In  general,  §§  1-3. 
II.  Driving,    floating,    or   rafting    logs, 
§§  4-10. 

I.  In  general. 

§   1.  Generally. 

Exercise  of  eminent  domain  for  purposes  of 
logging  road  or  logging  railroad. 
L.R.A.1917A,  102. 

Contracts  for  logs  to  be  gotten  out  as  a 
sale  within  statute  of  frauds.  14  L.R.A. 
233. 

Occupancy  of  premises  in  relation  to  log,- 
ging  contracts.     4  L.R.A. (N.S.)   702. 

Sufficiency  of  deliverv  of,  on  sale  out  of 
larger  lot.     26  L'R.A.(N.S.)    38. 

Liability  of  logging  company  to  employee 
for  injuries  caused  by  defectively  load- 
ed car.     13  L.R.A. (N.S.)    390. 


INDEX  TO  L.R.A.  NOTES. 


855 


LOGS  AND  LOGGING,  I.— cont'd 

Title  and  riglit  to  stranded  logs  or  timber. 

43  L.Il.A.(N.S.)   460. 
Loss  of   profits  as  clement  of  damages  for 

brcacli  of  logging  and  lumber  contract. 

53  L.R.A.  52,  71. 
Loss  of  profits  as  element,  of  damages  for 

wrongful   destruction   or   conversion   of 

logs.     18  L.R.A.(N.S.)   250;   52  L.R.A. 

(N.S.)    97. 

§   2.  Tax  on   logs. 

Assessability  of  logs  brought  into  tax  dis- 
trict after  tax  day.  38  L.R.A.(N.S.) 
8G2. 

When  do  logs  intended  for  exportation  pass 
bevond  state's  power  of  taxation.  13 
L.R.A. (N.S.)    800. 


§   3.  Lien  on  logs. 
Lien  of  laborer  on  logrs. 


6  L.R.A.  362.* 


//.  Driving,  floating,  or  rafting  logs. 

§   4.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  116. 

Compulsory  service  as  to.     15  L.R.A.  322. 

Riglit  to  erect  log  pier.     40  L.R.A.  648. 

Delaying  run  of,  as  proximate  cause  of  loss 
trojii  high  water,  wind,  or  other  similar 
cause.     31  L.R.A.  (N.S.)   1131. 

§   5.  Riglit  to  use  stream  for. 

Right  of  riparian  owners,  see  Waters,  §  32. 

Stream  must  be  floatable  in  its  natural 
state.     41   L.R.A.   371. 

What  streams  are  floatable.     41  L.R.A.  372. 

Necessity.     41  L.R.A.  376. 

Artificial   channel.     41    L.R.A.   376. 

Construction  of  statutes.     41  L.R.A.  376. 

Manner  of  use.     41  L.R.A.  376. 

Floatable  streams  are  public  highways.  41 
L.R.A.  376. 

Correlative  rights  of  log  and  riparian  own- 
ers.    41  L.R.A.  377. 

Regulation  of   floatage.     41   L.R.A.  378. 

Conflict  with  other  navigation.  41  L.R.A, 
378. 

Conflicting  rights  of  floatage.  41  L.R.A, 
378. 

Log-driving  companies.     41  L.R.A.  379. 

Right  of  riparian  owner  to  impound  water 
for  purpose  of  floating  logs.  35  L.R.A. 
(N.S.)    832. 

Right  of  one  who  navigates  stream  or  floats 
logs  therein  to  abate  nuisance  arising 
from  brid-e.     51  L.R.A. (N.S.)    1172. 

§   6.  Conflicting  rights  generally. 

Relative  rights  of  those  using  stream  for 
floating  logs  or  maintaining  boom  and 
those  navigating  vessel  thereon.  28 
L.R.A.  (N.S.)   144. 

Relative  rights  and  duties  of  those  main- 
taining bridges  across  streams  and 
those  floating  logs  therein.  38  L.R.A. 
(N.S.)    114. 

Consult  also  L.R.A.  Digests  of  Cases. 


LOGS  AND  LOGGING,  II.— cont'd 
Relative  rights  and  duties  between  those 
maintaining  dam  in  floatable  stream 
and  those  using  stream  for  floating  logs 
therein.  22  L.R.A. (N.S.)  545. 
Correlative  rights  of  log  owners  and  ri- 
parian owners.  41  L.R.A.  377;  32 
L.R.A.(N.S.)   376. 

§    7.  Obstruction  of  navigation  by. 

Obstruction    of   navigable   streams   by.        3 

L.R.A.  407.* 
Duty  to  prevent  jams.     3  L.R.A.  408.* 
.Mooring  logs  and  rafts  as  a  nuisance.       3 

L.R.A.^407.* 

§   8.  Liability  for  injuries. 

Ijiability  for  injuries  to  riparian  owner  by 

running  logs  in  stream.     41  L.R.A. 

494;  64  L.R.A.  983,  986;  35  L.R.A. 

(N.S.)  824. 

Right   to   construct  log  booms.     39  L.R.A. 

491;  67  L.R.A.  839. 
Right  of  riparian  owner  to  compensation  for 
damages  to  his  property  by  construction 
under  legislative  authority  of  dams  or 
booms  for  floating  or  storing  logs.  22 
L.R.A.(N.S.)   641. 

§   9.  Booms  and  dams  for. 

Right  to  construct  log  booms  in  stream.  39 
L.R.A.  491. 

Right  to  erect  booms  in  river  for  sorting. 
67  L.R.A.  839! 

Taking  of  property  for  booms  and  logging 
ways  as  a  public  purpose.  22  L.R.A. 
(N.S.)    151. 

Business  of  booming  or  salving  logs  as  af- 
fected with  a  jjublic  interest  author- 
izing regulation  of  rates  and  prices.  6 
L.R.A.  (N.S.)   836. 

Grant  of  right  to  dam  back  water  of  stream 
for  purpose  of  booming  privileges.  59 
L.R.A.  831. 

Destruction  of  boom  or  dam  by  unprecedent- 
ed flood  as  affecting  liability  of  one 
under  contract  to  build  and  maintain  it. 
35  L.R.A.(N.S.)    1109. 

Right  of  riparian  owner  to  compensation  for 
damages  by  construction,  under  legis- 
lative authority,  of  dams  or  booms  foi 
floating  or  sorting  logs.  22  L.R.A. 
(N.S.)    64L 

§10.  Regulation  of  rates. 

Legislative  regulation  of  prices  for  care  or 
salvage  of.     33  L.R.A.  182. 


liOITERING. 


Prohibition  against  loitering  in  highway, 
see  Highways,  §  18. 

Right  of  person  loitering  on  street  to  re- 
cover for  injury  from  defect  or  obstruc-. 
tion  therein.     20  L.RA.(N.S.)    751. 


856 


INDEX  TO  L.R.A.  NOTES. 


I  LONG  ACCOUNT. 

Compulsory  reference  of,  as  denial  of  con- 
stitutional right  to  jury  trial.  25 
L.R.A.   70. 


L.ONG  DISTANCE  TELEPHONE. 

In  general,  see  Telephones. 

Right  of  addressee  to  recover  damages  for 
failure  to  summon  him  to  receive  mes- 
sage.    15  L.R.A.  (N.S.)    810. 

Reasonableness  of  rule  of  telephone  company 
requiring  subscriber  to  pay  for  all  long 
distance  messages  originating  from  his 
telephone.     L,R.A.1915E,  323. 


LOOKING. 


Before  crossing  railroad  track,  see  Rail- 
roads, §§  83,  84. 

Before  crossing  street  car  track,  see  Street 
Railways,  §  21. 


LOOKOUT. 


Duty  to  keep  lookout  as  aflFecting  doctrine 
of  last  clear  chance,  see  Negligence, 
§  51. 

Duty  of  railroad  to  maintain,  see  Rail- 
roads, §§  56,  65,  74. 

For  persons  on  street  car  track,  see  Street 
Railways,  §  14. 

Reciprocal  duty  of  operator  of  automobile 
and  pedestrian  as  to.  51  L.R.A. (N.S.) 
997. 

Negligence  of  driver  of  horse  encountering 
automobile  on  highway  in  failing  to 
keep  lookout  in  rear.  50  L.R.A.  (X.S.) 
567. 

Duty  to  keep  lookout  for  trackmen.  L.R.A. 
1916F,  564. 


LOOSE  LEAF   SYSTEM  OF  AC- 
COUNTS. 


Admissibility    in    evidence. 
634. 


L.R.A.1916B, 


LOSS. 


§   1.  Generally. 

Of  property  in  possession  of  bailee,  see 
Bailment,  §§  5-10. 

Of  baggage,  see  Carriers,  §  89. 

Of  goods  by  carrier,  see  Carriers,  §§  110, 
111. 

Of  profits,  as  element  of  damages,  see  Dam- 
ages, §§  107-118. 

Of  dower,  see  Dower,  §§  7-14. 

Of  easement,  see  Easetment,  §§  25-28. 

Begin  with  this  hooTc  on  every  law  question 


LOSS — cont'd 

Of  homestead,  see  Homestead,  §  8. 

Of  guest's  property  by  innkeeper,  see  Inn- 
keepers, §§  7-9. 

Of  insured  property,  see  Insurance,  VIII. 

Of  right  to  jury  trial,  see  Jury,  §  7. 

Of  lien  generally,  see  Liens,  §§  18-20. 

Of  profits,  see  Loss  of  Profits. 

Of  mechanics'  lien,  see  Mechanics'  Liens, 
§  22. 

Of  service,  as  element  in  action  by  parent 
for  seduction,  see  Seduction,  §  5. 

Of  cargo  of  vessel,  see  Shipping,  §  3. 

Of  time  as  element  of  damages,  see  Time, 
§   10. 

Of  water  rights  by  nonuser,  see  Waters, 
§  37. 

Liability  for  loss  of  bank  deposit  through 
failure  of  bank,   see   Banks,   §    16. 

Notice  of  loss  to  carrier,  see  Carriers, 
§§  133,  134. 

Liability  of  connecting  carrier,  see  Car- 
riers, §   143. 

By  destruction  of  property,  see  Destruc- 
tion, §§  2,  3. 

Finder  of  lost  property,  see  Finder. 

Loss  of  instruments,  see  Lost  Instruments. 

Proximate  cause  of,  see  Proximate  Cause. 

Sharing  in  loss  as  requisite  to  existence  of 
partnership.     18  L.R.A. (N.S.)   992. 

Loss  of  customers  as  element  of  damages 
from  obstruction  of  highway.  13  L.R.A. 
(N.S.)  253. 

Legislation  to  protect  manufacturers  or 
dealers  against  loss  of  receptacles  in 
which  their  products  are  put  up.  14 
L.R.A.(N.S.)    1128. 

Liability  for  loss  of  personal  property  pend- 
ing exercise  of  option  to  buy  or  return 
if  unsatisfactory.     6  L.R.A.'(N.S.)    273. 

Loss  of  goods  during  shipment  as  affecting 
fulfilment  of  commission  to  purchase 
goods.     19  L.R.A. (N.S.)  261. 

Effect  of  loss  of  registry  lists.  28  L.R.A. 
(N.S.)    989. 

Slander  in  charging  woman  with  unchastity 
causing  loss  of  property.  24  L.R.A. 
(N.S.)    601. 

Of  passenger's  ticket,  ejection  because  of. 
L.R.A.1916D,  1184. 

§   2.  Who  must  bear  loss. 

Who  must  bear  loss  before  execution  of 
deed  to  land  sold,  see  Vendor  and  Pur- 
chaser, §  6. 

Who  must  bear  loss  when  check  or  bill  is 
issued  or  indorsed  to  imposter.  50 
L.R.A.  75;  17  L.R.A. (N.S.)  514;  38 
L.R.A.(N.S.)    1111. 

Who  must  bear  loss  where  check  or  draft 
is  purchased  or  paid  upon  spurious  in- 
dorsement of  one  who  bears  the  same 
name  as  the  payee  or  indorsee.  34 
L.R.A.(N.S.)  1101. 

Who  must  bear  loss  where  merchandise 
broker  receives  purchase  price  and  fails 
to  pav  over  same  to  seller.  8  L.R.A. 
(N.S.)    474. 


INDEX  TO  L.K.A.  NOTES. 


857 


LOSS— cont'd 

Right  of  seller  under  conditional  sale  to 
recover  amount  unpaid  where  property 
lost  witliout  fault  of  purchaser.  2 
L.R.A.(N.S.)  97. 


LOSS   OF  PROFITS. 

As     element    of    damages,     see    Damages, 

§§  107-118. 
Insurance  against,  see  Insurance,  XIV, 


LOSS  OF   SERVICE. 

As  element  in  actions  hy  parent  for  seduc- 
tion of  child,  see  Seduction,  §  5. 


LOSS  PAYABLE  CLAUSE. 

Effect  on  rights  of  mortgagee  of  breach  of 
policy  bv  mortgagor  under.  18  L.R.A. 
(N.S.)   204;  L.R.A.1915C,  759. 


LOST  INSTRUMENTS. 

§    1.  Generally. 

Comparison  of  witness's  memory  of  hand- 
writing on  lost  instrument  with  other 
instrument.     62  L.R.A.  873. 

Degree  of  proof  requisite  to  establish  fact 
and  contents  of  lost  instrument  which 
is  to  constitute  muniment  of  title. 
L.R.A.1918B,  879. 

§   2.  Negotiable  instruments. 

Recovery  on.     16  L.R.A.  205. 

Lost  checks.     26"  L.R.A.  571. 

Loss  of  check  after  it  had  been  credited  to 
depositor's  account.     L.R.A. 1917A,  658. 

Jurisdiction,  as  between  equity  and  law 
courts,  of  suits  or  actions  on  lost 
negotiable  instruments.  48  L.R.A 
(N.S.)   648. 

Maker's  right  to  defend  against  transferee 
after  maturity  on  ground  that  commer- 
cial paper  had  been  lost.  46  L.R.A. 
775. 

May  indorser  of  lost  bill,  check,  or  note, 
maintain  an  action  thereon.  24  L.R.A. 
(N.S.)    645. 

Advertising  lost  or  stolen  paper  as  putting 
purchaser  on  inquiry.  29  L.R.A. (N.S.) 
383. 

Risk  of  giving  second  check  upon  alleged 
loss  of  first.     29  L.R.A.(N.S.)   623. 

As  affecting  question  whether  commercial 
paper  operates  as  payment  of  indebted- 
ness.    35  L.R.A. (N.S.)    109. 

g   3.  Wills. 

Effect    of    delay    in    probating.     57    L.R.A. 

258. 
Evidence  to  establish  lost  or  destroyed  wills. 

38  L.R.A.  433. 
Consult  also  L.R.A.  Digests  of  Cases. 


LOST  INSTRUMENTS— cont'd 

Necessity  and  sufficiency  of  proof  to  ac- 
count for  nonproduction  of  will  upon 
application  to  probate  it  as  a  lost 
or  destroyed  will.  50  L.R.A. (N.S.) 
861. 

May  part  of  a  lost  or  destroyed  will  which 
can  be  established  be  admitted  to  pro- 
bate where  there  are  other  portions  that 
cannot  be  established.  26  L.R.A.  (N.S.) 
654. 

§   4.  Lost  records. 

Disposition  of  appeal  where  without  fault 
of  appellant  the  record  is  lost.  25 
L.R.A. (N.S.)    860;  L.R.A.1915B,  353.     . 

As  ground  for  injunction  against  judgment. 
30  L.R.A.  562. 


LOST  PAPER. 


See  Lost  Instruments,  §  2. 


LOST    PROPERTY. 


Finder  of,  see  Finder. 

Abandonment  of.     4  L.R.A.  (N.S.)  573. 

Larceny  of.  30  L.R.A.(N.S.)  339;  L.R.A. 
1916A,  468. 

Inheritance  tax  on  money  or  property  of  es- 
tate which  lias  been  lost  or  misap- 
propriated since  decedent's  death.  32 
L.R.A.  (N.S.)    1167. 

When  limitation  commences  to  run  against 
action  to  recover.  29  L.R.A.  (N.S.) 
120. 


LOST    RECORDS. 

See  Lost  Instruments,  §  4. 


LOST   WILLS. 

See  Lost  Instruments,  §  3. 
♦-•-♦^ 


LOT. 

Decision  of  tie  vote  by.     47  L.R.A.  554. 

#>» 

LOTTERY. 

§   1.  Generally.  • 

Indictment  for,  see  Indictment,  Informa- 
tion, AND  Complaint,  §  24. 

Conflict  of  laws  as  to  lottery  contracts,  see 
Conflict  of  Laws,  §  4. 

Cruel  and  unusual  punishment  for.  L.R.A. 
19150,   567. 


858 


INDEX  TO  L.R.A.  NOTES. 


LOTTERY— cont'd 

Recovery  for  goods  sold  to  aid.     15  L.R.A. 

836. 
Lottery  ticket  as  subject  of  larceny.    L.R.A. 

1918D,  690. 
Validity  of  fire  insurance  on  lottery  tickets. 

40  L,R.A.  847. 
Right   of   subscriber    to   lottery   scheme   to 

recover  his  subscription  thereto.        16 

L.R.A.(N.S.)   571. 
Right  to  maintain  action  for  prize  offered 

in  prize  contest.     33  L.R.A.  (N.S.)   305. 
Embezzlement    as    affected    by    fact    that 

jnoney  was  collected  on  lottery  ticket. 

27  L.R.A.(N.S.)    415. 

§   2.  Regulation    and    suppression    of. 

Authorization  and  regulation  of  lotteries 
by  statute.     7  L.R.A.  601.* 

§  3.  Crimes  in  connection  witli. 

Instigation    to    sale   of    lottery    ticket.     25 

L.R.A.  345. 
Conversion   of   lottery  ticket  as  ground  of 

action.     45  L.R.A. (N.S.)   776. 

§   4.  Wiiat   constitutes. 

What  constitutes  a  lottery  within  the  post- 
office  laws.     52  L.R.A. (N.S.)    108. 

Gratuitous  distribution  of  tokens  entitling 
holders  of  certain  numbers  to  prizes,  as 
a  lottery.   *3  B.  R.  C.  984. 

Giving  prize  for  composition,  or  solution  of 
puzzle,  as  lottery.    6  B.  R.  C.  780. 

Guessing  contest  as.     11  L.R.A. (N.S.)    609. 

Distribution  of  suits  by  tailor  among  mem- 
bers of  club,  as.     21  L.R.A.  (N.S.)   876. 

Distribution  of  parcels  of  land  by  chance 
as.  23  L.R.A. (N.S.)  626;  27  L.R.A. 
(N.S.)  287. 

Scheme  for  accumulating  money  by  pay- 
ments of  member,  and  distributing  it  in 
order  of  number  of  certificate,  as.  13 
L.R.A.(N.S.)    1096. 

Operation  of  slot  machine  as  gambling  un- 
der anti-lottery  provision.  20  L.R.A. 
(N.S.)    241. 

Legality  of  voting  or  popularity  contests. 
L.R.A.1917D,  489. 


liOVE  AND  AFFECTION. 

As  consideration  for  executory  promise  to 
pay  existing  debt  of  another.  L.R.A. 
1918C,  543. 


liOW  BRIDGE. 


Contributory  negligence  of  one  who  strikes 
bridge  extending  over  highway.  L.R.A. 
1918A,  204. 


LOWEST   BIDDER. 


liOW  LiANDS. 

Power  to  fill  low  lands  at  expense  of  owner. 
30  L.R.A.(N.S.)    709. 


^•» 


liOW  WATER  MARK. 

Title  to  land  above,  see  Waters,  §  16. 

♦  •» 

liOYALTY. 

As  qualification  of  grand  juror.     28  L.R.A. 
205. 


LUBRICANTS. 


Action    on    contractor's    bond    for    cost    of. 

43  L.R.A. (N.S.)    167. 
Mechanics'  lien  for  lubricants  consumed  in 

process  of  work.     L.R.A.1915E,  987. 


LUCID  INTERVAL. 

Presumption  of  continuance  of.     35  L.R.A. 
123. 


LUCIFER  IMATCHES. 

Keeping   of,   on    insured   pr^nises.     L.R.A. 
1917C,  278. 


LUGGAGE. 


See  Baggage. 


LUMBER. 


On  public  contract,  see  CoNTBACTS,  §  160. 
Begin  tvith  this  boolc  on  every  law  question. 


§   1.  Generally. 

See  also  Timber. 

Regulation  of  storage  of,  for  purpose  of 
fire  protection.     41  L.R.A. (N.S.)  457. 

Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  lumber  business  as 
affected  by  territorial  scope.  24  L.R.A. 
(N.S.)    929;   L.R.A.1916C,  630. 

Effect  of  statute  of  frauds  on  parol  con- 
tracts relating  to,  which  may,  but  are 
not  intended  to,  be  performed  within 
a  year.     15  L.R.A. (N.S.)    313. 

Loss  of  profits  as  element  of  damages  for 
breach  of  lumber  contracts.  53  L.R.A. 
52,  71. 

§   2.  Injury  by. 

Doctrine  of  "attractive  nuisance"  as  ap- 
plied to  injury  from.  19  L.R.A. (N.S.) 
1129.  1140;  L.R.A.1915D,  163. 

Municipal  liabilitv  for  injury  by  storage 
'  of,  in  street.  '  20  L.R.A. (N.S.)    612. 


INDEX  TO  L.R.A.  NOTES. 


869 


LUMBER  WAGON. 

Municipal  liability  for  injury  by' storage  of, 
in  street.     20  L.R.A.(N.S.)    612. 


LUMBER    YARD. 

Servants  in,  as  fellow  servants.     50  L.R.A. 

437. 
Doctrine  of  attractive  nuisance  as  applied 

to.     19   L.R.A.(N.S.)    1140. 
Use  of  railroad  right  of  way  for  purpose  of, 

as    against    owner    of    fee.     36    L.R.A. 

(N.S.)   518. 


LUMP   CHARGES. 


In  books  of  account  as  affecting  their  ad- 
missibility in  evidence.     52  L.R.A.  586. 


LUNACY  PROCEEDINGS. 

See  Incompetent  Persons,  §§  5-7. 


LUNATICS. 

See  Incompetent  Pebsons. 


LUNCHEON. 

Duty  of  master  in  absence  of  statute  to 
furnish  place  to  servants  for  eating 
luncheon.      44   L.R.A.  (N.S.)    1102. 


LUNCH   STAND. 


Power  of  municipality  to  grant  permit  for 
on  street  or  sidewalk.  25  L.R.A.  (N.S.) 
402. 


LUNCH    WAGON. 


Power  of  municipal  corporation  to  grant 
permit  for  lunch  wagon  on  street.  25 
L.R.A.(N.S.)   403. 


LYNCHING. 


Argument  of  prosecuting  attorney  that  an 
acquittal  would  encourage  lynch  law 
as  ground  for  reversal.  51  L.R.A. 
(N.S.)    914. 


M 


MACHINERY. 

§   1.  Generally. 

As  fixtures,  see  Fixtures,  §  8. 
Master's  duty  as  to,  see  Master  and  Serv- 
ant, §§  88-90. 

Location  of,  as  affecting  insurance  on.  26 
L.R.A.  241. 

Statement  as  to  the  economy  of  operation 
as  a  warranty.    L.R.A.1917C,  1078. 

Express  warranty  of  quality  as  excluding 
implied  warrantv  of  quality.  33  L.R.A. 
(N.S.)    506. 

Exclusiveness  of  remedy  for  breach  of  war- 
ranty provided  in  contract  for  sale  of 
machinery.     50  L.R.A.  (N.S.)   753. 

Action  on  contractor's  bond  for  cost  of 
rental  of.     L.R.A.1915F,   952. 

Effect  of  buyer's  use  of  machinery  after 
seller's  refusal  to  accept  it  when  ten- 
dered in  rescission  of  contract.  L.R.A. 
1916F,  481. 

§  2.  Injuries  by. 

Master's  duty  as  to,  see  Master  and  Sebv- 

ANT,  III.  a,  6,  b. 
As  attractive  nuisance,  see  Negligence,  § 

23. 
Consult  also  L.R.A.  Digests  of  Cases, 


MACHINERY— cont'd 

Employees  in  charge  of  as  vice  principals. 
51  L.R.A.  554. 

What  comprehended  in  "machinery  of  every 
description"  in  statute  imposing  duty 
on  master  as  to  placing  guards.  30 
L.R.A. (N.S.)  36. 

Admissibility  of  evidence  of  prior  accidents 
by.     32  L.R.A.(N.S.)   1103. 

Evidence  as  to  condition  of  before  and  after 
accident.     32  L.R.A. (N.S.)    1096,  1103. 

Unexplained  starting  of  as  evidence  of  neg- 
ligence.    44  L.R.A.(N.S.)    1050. 


MAD  DOG. 


Apprehension  of  hydrophobia  as  basis  of  re- 
covery for  mental  anguish  from  bite 
of  dog.     20  L.R.A.(N.S.)   458. 


^»» 


MAGISTRATE. 


Power  of  to  punish  for  contempts,  see  Con- 
tempt, §   11. 
See  also  Justice  of  the  Peace. 

Power  to  grant  immunity  to  witness.  L.RJL. 
1918A,  376. 


860 


INDEX  TO  L.R.A.  NOTES. 


MAGISTRATE— cont'd 

Certificate  of,  in  case  of  fire  insurance.  44 
L.R.A.  860. 

Admissibility  in  evidence  of  communica- 
tions to.     67  L.R.A.  923. 

Advice  of,  as  defense  to  action  for  ma- 
licious prosecution.  18  L.R.A.  (N.S.) 
72. 

Discharge  by,  as  evidence  of  want  of  prob- 
able cause  for  prosecution.  64  L.R.A. 
481. 

Conviction  by  magistrate  which  has  been 
reversed  or  set  aside  as  probable  cause 
defeating  action  for  malicious  prose- 
cution.    34  L.R.A.(N.S.)    958. 

Use  before  grand  jury  of  minutes  taken  by 
magistrate.     28  L.R.A.  320. 

Voluntariness  of  confessions  to.  18  L.R.A. 
(N.S.)    848. 

Voluntariness  of  confession  elicited  by  ques- 
tions from.     18  L.R.A. (N.S.)    800. 

Liability  to  civil  action  for  acts  of  judicial 
nature.     44  L.R.A. (N.S.)    164. 

Liability  for  false  imprisonment,  of  magis- 
trate failing  to  have  prisoner  brought 
before  him.    L.R.A.1917F,  429. 


MAGNETIC  HEALER. 

Application  of  statutes  regulating  practice 

'    of   medicine  to.      3   L.R.A. (N.S.)    763; 

24  L.R.A.(N.S.)  103;  L.R.A.1917C,  827. 


MAIDEN    NAME. 

See  Name,  §  6. 


See  PosTOFFiCE. 


MAIL. 


^•» 


MAIL  AGENT. 


Carrier's  liability  for  injury  to,  see  Cab- 
BIERS,  §  57.. 

As   passenger,     2   L.R.A.    166;*    19   L.R.A. 
339. 


MAIL    CARRIER. 


Liability  of  landlord  of  office  building  for 
injury  to.     L.R.A.1916F,  1120. 


MAIL  CLERK. 


Carrier's  liability  for  injury  to,  see  Cab 
BIEBS,  §  56. 

As  passengers.     19  L.R.A.  339. 

Begin  icith  this  "booTc  on  every  law  question. 


MAIL   TRAINS. 

See  POSTOFFICE,  §  2. 

«-».# 


MAIMING. 


See  Mayhem. 


MAINS. 

In  highway,  see  Highways,  §§  22,  23. 
Water  mains  generally,  see  Watebs,  §  112. 


MAINTENANCE. 


See  Champebty  and  Maintenance;   Strp- 

POBT. 


MAJORITY. 


§   1.  Full  age. 

Estoppel  of  infant  by  false  representations 

as  to,  see  Estoppel,  §  29. 
Time  of  attaining,  see  Infants,  §  5. 

Parting  with  property  after  reaching  ma- 
jority as  bar  to  disaffirmance  of  con- 
tract made  in  infancy.     26  L.R.A.  179. 

New  promise  after.    53  L.R.A.  365. 

False  pretenses  by  infant  inducing  another 
to- enter  into  contract  with  him  by  rep- 
resenting that  he  is  of  age.  24  L.R.A. 
(N.S.)    1101. 

§  2.  Greater  number. 

Necessity  of,  to  issuance  of  commercial 
bonds,  see  Bonds,  §  21. 

Computation  of  majority  of  votes  at  elec- 
tion, see  Elections,  §  15. 

What  is  a  majority  vote.    6  L.R.A.  308. 

Upon  what  basis  majority  essential  to 
adoption  of  constitutional  or  other  spe- 
cial proposition  submitted  at  general 
election  is  to  be  computed.  22  L,R.A. 
(N.S.)    478. 

Right  of  majority  of  partners  to  sell  all,  or 
substantially  all,  of  the  firm's  assets. 
L.R.A.1918A,  927. 

§   3.  ^of  jurors  or  grand  jurors. 

Verdict  by  majority  of  jurors.     43  L.R.A. 

80. 
Concurrence  by  majority  when  grand  jury 

exceeds  twenty-three.     28  L.R.A.  37. 

§   4.  — of  religious  society. 

Rights  of,  on  withdrawal  of  local  church 
society  from  general  body.  32  L.R.A. 
92. 

Majority  rule  in  case  of  schism  or  division 
in  independent  society.  24  L.R.A.  ( N.S. ) 
695. 

Injunctive  relief  to  majority  of  church  mem- 
bers, 3  L.R.A.(N.S.)  872. 


INDEX  TO  L.R.A.  NOTES. 


861 


MAJORITY— cont'd 

§  5.  —  of  stockholders. 

Right  to  purchase  or  lease  corporate  prop- 
erty.     16   L.R.A.  (N.S.)    892. 

Liability  for  misappropriation  of  corporate 
funds  through  corporate  action.  16 
L.R.A. (N.S.)    898. 


MAKING    UP    TRAINS. 

Use  of  highway  for,  see  Highways,  §  28. 


MAIilCE. 

§   1.  Generally. 

In   inducing  breach  of  contract,  see  Case, 

§§  3-5. 
In  procuring  discharge  of  servant,  see  Case, 

§  4. 
In   inducing  servant  to  quit,   see  Case,   § 

5. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §§  43,  44. 
Relevancy  of  evidence  as  to,  see  Evidence, 

§  261. 
Question  for  jury  as  to,  see  Trial,  §  33. 
In    prosecution,    see    Malicious    Peosecu- 

TIOX,  §  5. 

As  affecting  master's  liability,  see  Master 

and  Servant,  §  176. 
feee  also  Motive. 

Rule  of  proximate  cause  in  case  of  malicious 
torts.     45  L.R.A.  87. 

In  ejection  of  trespasser  from  moving  train. 
13  L.R.A. (N.S.)    370. 

Repetition  of  privileged  statement  as  evi- 
dence of.     42  L.R.A. (N.S.)    1109. 

Malicious  frightening  of  horse  on  highway 
bv  locomotive,  car,  or  train  running 
parallel  therewith.  33  L.R.A.(N.S.) 
132. 

Lawfulness  of  boycott  by  other  than  labor 
union  where  motive  is  malicious.  33 
L.R.A.(N.S.)  1038. 

Malicious  killing  of  dogs.  19  L.R.A.(N.S.) 
838. 

Will  right  of  action  for  malicious  attach- 
ment of  property  pass  to  trustee  in 
bankruptcy  or  assignee  for  creditors. 
21  L.R.A.(N.S.)    727. 

§  2.  AVhat  amounts  to. 

Definition  of  "malice"  as  a  requisite  of  the 
offense  of  malicious  mischief.  19 
L.R.A. (N.S.)  273. 

May  wantonness  or  wilfulness  precluding 
'  defense  of  contributory  negligence  be 
predicated  of  the  omission  of  a  duty 
before  the  discovery  of  a  person  in  peril 
on  a  railroad  or  street  railway  track. 
31  L.R.A.  (N.S.)   427. 

Consult  also  L.R.A.  Digests  of  Cases, 


MALICE-Kjont'd 
§   3.  Effect  of. 

As  affecting  master's  liability,  see  Master 

AND  Servant,  §  176. 
Malicious  erection  of  fence,  see  Fences,  §  6. 

Effect  on  damages  for  libel  or  slander  re- 
flecting on  integrity  or  responsibility 
of   merchant.     44   L.R.A. (N.S.)    354. 

As  affecting  personal  liability  of  judicial 
officer.    14  L.R.A.  145. 

As  affecting  liability  for  blacklisting  em- 
ployees.    63   L.R.A.  293. 

As  affecting  liability  for  cutting  off  sub- 
terranean waters.     19  L.R.A.  94. 

Effect  of,  on  taking  possession  under  "dan- 
ger," "safety,"  or  "insecurity"  clause 
in  chattel  mortgage.     23  L.R.A.  780. 

Effect  of,  on  right  to  recover  on  injunction 
bond,  attorneys'  fees  expended  in  dis- 
solving injunction.  16  L.R.A.  (N.S.) 
76. 

Arbitrary  or  mala  fide  termination  of  part- 
nership as  basis  of  action  in  tort.  25 
L.R.A. (N.S.)    959. 

As  affecting  right  to  recover  damages  for 
being  prevented  from  voting  at  a  pub- 
lic  election.     31   L.R.A.  (N.S.)    1106. 

Liability  of  individual  in  absence  of  any 
element  of  conspiracy  for  driving  away 
another's  customers.  22  L.R.A. (N.S.) 
1224;   L.R.A.1915B,  1180. 

Avoidance  of  privilege  in  giving  or  refusing 
.  information  affecting  character  or  repu' 
tation  of  servant  by  proof  of  express 
malice.     4  L.R.A. (N.S.)    1114. 

§  4.  —effect  of  bad  motive  to  make  ac- 
tionable what  would  otherwise  not 
be. 

General  principles  involved.    62  L.R.A.  674. 

Injury  to  property.     62  L.R.A.  678. 

Injury  to  business  or  occupation.  62  L.R.A. 
694. 

Injury  to  person  or  feelings.  62  L.R.A. 
719. 

Judge  acting  without,  or  in  excess  of,  juris- 
diction.    62  L.R.A.  721. 

Abuse  of  process.    62  L.R.A.  721. 

General  and  unclassifiied  cases.  62  L.R.A. 
724. 

§  5.  As  element  of  cause  of  action  or 
offense. 

As  element  of  homicide,  see  Homicide,  §  7. 

As  essential  element  in  action  for  wrong- 
fully suing  out  injunction.  L.R.A. 
19a6E,  1284. 

An  element  of  offense  of  mayhem  or  maim- 
ing.    L.R.A.1916E,  494. 

As  essential  to  an  action  for  alienation  of 
affections  in  absence  of  meretricious 
relations.      46    L.R.A.(N.S.)     465. 

Necessity  of  malice  to  render  judicial 
officer  liable  to  civil  action  .for  acts  of 
judicial  nature.     44  L.R.A.(N.S.)    169. 

As  ingredient  of  offense  of  abusing  animals. 
41  L.R.A.(N.S.)   433. 

Necessity  of  actual  malice  to  justify  exem- 
plary damages  for  tort.  16  L.R.A. 
(N.S.)   440. 


862 


INDEX  TO  L.R.A.  NOTES. 


MALICIOUS  ARREST, 

Liability    for,    generally,    see    False    Im- 
prisonment. 

Liability  of  officer  for  making.     51  L.R.A. 
193";  L.R.A.1915B,  506. 


MALICIOUS  FENCES. 


See  Fences,  §  6. 


MALICIOUS    MISCHIEF. 

Definition    of    "malice"    as    a    requisite    of 

offense  of  malicious  mischief.    19  L.R.A. 

(N.S.)    273. 
Right   of   private   citizen  to   destroy   liquor 

illegally  kept  for  sale.    26  L.R.A. (N.S.) 

996. 
Necessity   and   sufficiency  of   description  of 

offense  in  bail  bond  or  recognizance.    38 

L.R.A. (N.S.)    322. 
Cruel  and  unusual  punishment  for.  L.R.A. 

1915C,  570. 


MALICIOUS  PROSECUTION. 

§   1.  Generally. 

Extent   of   recovery   for,   see   Damages,    §§ 

16a,  54. 
Master's  liability  for  malicious  prosecution 

by  servant,  see  Master  and  Servant, 

§  173. 
See  also  False  Imprisoxment. 

Right  of  action  for,  as  asset  in  bankruptcy. 
43  L.R.A.(N.S.)    942. 

Survival  of  cause  of  action  and  abatement 
and  revival  of  action  for  malicious 
prosecution  upon  death  of  party.  52 
L.R.A.(N.S.)    1215. 

Whether  executor  or  administrator  to  be 
sued  in  personal  or  representative  ca- 
pacity.    51  L.R.A.  266. 

Interposition  of  unfounded  defense  in  a  civil 
action  as  basis  of  action  for  damages. 
.34  L.R.A.(N.S.)    1026. 

Instituting  proceedings  upon  a  charge  not 
constituting  a  crime.  36  L.R.A. (N.S.) 
230. 

For  wrongful  search  of  premises.  39  L.R.A. 
(N.S.)   205. 

For  wrongfully  suing  out  injunction.  L.R.A. 
1916E,  ]284. 

Malicious  prosecution  based  on  criminal 
charge  not  followed  by  arrest.  9  L.R.A. 
(N.S.)    17L 

Arrest  of  person  or  seizure  of  property  as  a 
condition  of  an  action  for  the  malicious 
prosecution  of  a  civil  action.  L.R.A. 
1918D,  550. 

Liability  for  instituting  bankruptcy  pro- 
ceedings against  one  not  thereto  sub- 
ject,    34  L.R.A. (N.S.)   456. 

Effort  to  collect  debt  as  extortion.  18 
L.R.A.(N.S.)    77;   L.R.A.1915B,  1140 


Begin  tvith  this  hooTc  on  every  late  question. 


:MALICI0US  prosecution— cont'd 

Right  of  one  to  testify  as  to  his  intent.  23 
L.R.A.(N.S.)    392. 

Evidence  of  character  in  action  for.  14 
L.R.A.(N.S.)    755, 

Plea  of  guilty  as  affecting  action  for  ma- 
licious prosecution.  20  L.R.A.(N.S.) 
295. 

Settlement  or  compromise  as  affecting  right 
to  maintain  an  action  for  malicious 
prosecution.     L.R.A.1915A,  601, 

§   2,  Who   may   bring   action. 

Will  right  of  action  for  malicious  attach- 
ment of  property  pass  to  trustee  in 
bankruptcy  or  assignee  for  creditors. 
21  L.R.A.(N.S.)    727. 

Right  of  one  in  possession  without  title 
to  property  to  maintain  an  action  for 
malicious  prosecution  for  seizure  of 
property  in  an  action  against  him.  28 
L.R.A.(N.S.)    330. 

§   3.  Who   liable   for. 

Liability  of  master  for  malicious  prosecu- 
tion by  servant.  See  Master  and  Serv- 
ant, §  173. 

Liability  of  landlord  who  brings  an  un- 
founded action  to  dispossess  tenant. 
L.R.A.1918C,  323. 

Liability  of  corporations  for  malicious 
prosecution.     14  L.R.A.   791. 

Liability  of  public  prosecutor  to  action  for 
malicious  prosecution.  L.R.A.1917F, 
699. 

Liability  of  officer  for.  51  L.R.A.  183; 
L.R.A.1915B,  505. 

Liability  of  officer  who  uses  criminal  proc- 
ess to  collect  a  debt.  24  L.R.A.(N.S,) 
.  301, 

Liability  of  municipality  for  malicious 
prosecution  by  its  officers,  32  L.R,A, 
(N.S.)  36. 

Liability  of  principal  for  malicious  prose- 
cution by  agent  authorized  to  collect 
debt.     51  L,R.A.(N.S,)   471. 

§  4,  Effect  of  lack  of  jurisdiction  of 
court  where  prosecution  was  com- 
menced. 

The  general  rule.    2  L.R.A. (N.S.)   1100. 

Void  process;  failure  to  charge  crime.  2 
L.RJ^.(N.S.)    1103, 

Irregular  or  defective  process  or  proceed- 
ings,    2  L.R.A.(N.S.)    1106. 

§   5,  Malice, 

Malice  as  essential  element  in  action  for 
wrongfully  suing  out  of  injunction. 
L.R.A.1916E,  1284. 

Instruction  in  action  for  malicious  prosecu- 
tion, that  malice  may  be  inferred  from 
want  of  probable  cause.  L.R.A.1918A, 
872. 

Bringing  civil  action  in  remote  district  or 
foreign  jurisdiction.    L.R.A.1917B,  752. 

§   6.  Probable  cause,   generally. 

Presumption    and    burden    of    proof    as    to, 

see  E^^DENCE,  §  46. 
Sufficiency    of    evidence    of,    see    Evidence, 

§  303. 


INDEX  TO  L.E.A.  NOTES. 


863 


MALICIOUS  PROSECUTION— cont'd 
Probable  cause  as  question  for  court  or  jury. 

L.R.AJ915D,  1. 
Probable     cause     for    making    arreat.      42 

L.R.A.(N.S.)   75. 
Probable    cause    as    justification    of    officer 
making  arrest.     51  L.R.A.  225;  L.R.A. 
n915B,  506. 
Reversed  conviction  as  evidence  of  probable 
cause.    L.R.A.1916F,  196, 
Conviction  by  magistrate  or  justice  of 
tlie  peace.    34  L.R.A.  (N.S.)  958. 
Conclusiveness    of    judgment    rendered    in 
criminal  action  to  show  probable  cause. 
11  L.R.A. (N.S.)   663. 
Want  of  probable  cause  for  wrongful  search 

of  premises.     39  L.R.A. (N.S.)    207. 
Want  of  probable  cause  to  believe  the  'al- 
leged ground   of  attachment,  as  a 
condition  of  an  action  for  a  wrong- 
/   ful   attachment.      38   L.R.A. (N.S.) 
120;  L.R.A.1915A,  541. 
Want  of,  as  essential  element  to  right  of 
action  for  wrongfullv  suing  out  injunc- 
tion.    L.R.A.1916E,  "1286. 

§  7.  Acquittal  or  discharge  as  evidence 
of  want  of  probable  caxise. 

Acquittal  and  discharge.     64  L.R.A.  475. 
Discharge  by  an  examining  magistrate.     64 

L.R.A.  481;  3  L.R.A.(N.S.)   929. 
Where    there   was   a   want   of    jurisdiction. 

64  L.R.A.  486. 
Failure  to  prosecute.     64  L.R.A.  486. 
Failure  to  indict.     64  L.R.A.  488. 
Finding    in    criminal    proceeding    that    the 

prosecution  was  malicious  and  without 

probable  cause.     64  L.R.A.  489. 

§   8.  Advice   of   counsel. 

Advice  of  counsel  as  defense  to  action  for 
malicious  prosecution.  18  L.R.A. 
(N.S.)  49;  39  L.R.A.(N.S.)  207. 

Advice  of  counsel  as  affecting  liability  for 
exemplary  damages  for  malicious  prose- 
cution.    29  L.R.A.(N.S.)    281. 

Probable  cause  as  question  for  court  or  jury 
where  advice  of  counsel  has  been 
sought.     L.R.A.1915D,  85. 

In  action  for  wrongful  search  of  premises. 
39    L.R.A.(N.S.)    207. 

§   9.  Termination  of  prosecution. 

When   is   an   action   sufficiently   at   an   end 
to    support    a    suit    for    malicious 
prosecution     therefor.       2     L.R.A. 
(N.S.)  928;  39  L.R.A.(N.S.)   1215. 
Pendency   of   appeal   or   error   as   affecting 
running     of      statute     of     limitations 
against  an  action  for  malicious  prose- 
cution.    43  L.R.A.(N.S.)   611. 


MAIilCIOUS    TORTS. 

See  also  Malice. 

Liability    of    partnership    for.      51    L.R.A. 

469. 
Consult  also  L.R.A.  Digests  of  Cases. 


MALICIOUS    TRESPASS. 

Liability  of  infant  for.     36  L.R.A.  207. 


MALPRACTICE. 


In  general,  see  Physicians  and  Surgeons, 
§§  12-16. 

Recovery  under  Workmen's  Compensation 
Act  for  aggravation  of  injury  by  mal- 
practice of  physician  and  effect  of  the 
act  on  independent  cause  of  action 
therefor.     L.R.A.1917D,  172. 


MALT. 

Power  of  municipality  to  regulate  sale  of 
nonintoxicating  alcoholic  beverages. 
26  L.R.A.(N.S.)    890. 

Do  statutes  forbidding  sale  of  a  certain 
class  or  classes  of  liquor  include  malt 
liquors.     46    L.R.A.  (N.S.)    759. 

Do  statutes  forbidding  the  sale  of  malt  li- 
quor include  nonintoxicating  malt  li- 
quor.    L.R.A.1917B,  974. 

Judicial  notice  of  intoxicating  character  of 
"Malt  Extract."     48  L.R.A. (N.S.)   316. 

Judicial  notice  of  intoxicating  character  of 
"Malt  Mead."     48  L.R.A. (N.S.)   316. 


MANACLES. 


On   prisoner   at  trial,   see   Criminal  Law, 

§  54. 


MANAGER. 


Liability  of  newspaper  manager  for  libel, 
see  Libel  and  Slander,  §'  4. 

Grounds  or  justification  for  discharge  ot 
general   manager.      L.R.A.1918C,    1030. 

Authority  of,  to  contract  for  services  of 
other  persons.     L.R.A.1918F,  39-57. 


MANAGING   AGENT. 

As  fellow  servant  of  injured  employee,  see 
Master  and  Servant,  III.  d,  3. 

Of  corporation  on  whom  process  may  be 
served,  see  Writ  and  Process,  §  27, 

Authority  of,  to  employ  subagent.  L.R.A. 
1918F,  726. 


MANAGING    PARTNER. 

Compensation    of.      17    L.R.A.(N.S.)     394; 
L.R.A.1917F,  576. 


864 


INDEX  TO  L.R.A.  NOTES. 


MANDAMUS. 

/.  In  general,  §   1. 
II.  When  may   issue,   §§  2-15. 
a.  In  general,  S  2. 
J).  To    public    officer   or    hoard, 

§§   3-11. 
c.  To  coi'porations,  §§  12-15. 
III.  Jurisdiction;   procedure;   hearing; 
determination,  §§  16-21. 

r':.,  I.  In  general. 

§    1.  Generally. 

L'onstitutional  objection  in  mandamus  pro- 
ceedings, see  Constitutional  Law,  § 
2. 

Original  jurisdiction  in  mandamus  cases, 
see  Courts,  §  31. 

Disobedience  of,  as  a  contempt.  16  L.R.A. 
(N.S.)  1064. 

Validity  of  statutory  provision  for  attor- 
ney's, fee  in  mandamus  proceedings. 
L.kA.1915E,  949. 

II.  When  may  issue. 

a.  In  general. 

§   2.  Generally. 

Effect  of  existence  of  other  remedy  on  right 
to  mandamus  to  compel  issuance  of 
bonds  of  municipality  or  other  public 
corporation.    L.R.A.1918C,  414. 

Wlien  writ  could  be  immediately  rendered 
nugatory  by  taking  new  action  avoid- 
ing defects  complained  of.  31  L.R.A. 
(N.S.)    512. 

For  relief  of  member  of  labor  union  from 
unlawful  fine  or  suspension.  45  L.R.A. 
(N.S.)    355. 

b.  To  public  officer  or  board. 

§   3.  Generally. 

To  compel  performance  of  ministerial  du- 
ties bv  heads  of  departments.  52 
L.R.A.(N.S.)   419. 

Mandamus  at  instance  of  creditor  to  com- 
pel raising  of  tax  assessment  to  the  full 
value  of  the  property.  L.R.A.1918B, 
1107. 

Mandamus  to  compel  public  officer  to  exe- 
cute a  contract.    L.R.A.1917F,  538. 

Mandamus  to  compel  issuance  of  bonds  of 
municipality  or  other  public  corpora- 
tion.   L.R.A.1918C,  414. 

Mandamus  to  compel  issuance  of  municipal 
warrant  to  pay  indebtedness. 
L.R.A.1916D,  325. 

To  compel  action  of  medical  board.  20 
L.R.A.  355. 

Mandamus  to  compel  the  reinstatement  of 
a  teacher.     49  L.R.A. (N.S.)   62. 

To  compel  issuance  of  diploma.  3  L.R.A. 
(:^.S.)   1115;  L.R.A.1916B,  616. 

To  compel  delivery  of  copy  or  to  require 
promulgation  of  an  act  passed  by  the 
legislature.      22    L.R.A. (N.S.)    1089. 

To  compel  officer  to  dispose  of  property  as 
directed  by  court.  31  L.R.A. (N.S.) 
()G4 


Begin  with  this  T)OoU  on  every  law  question 


MANDAMUS,  II.  b— cont'd 

Mandamus  to  compel  performance  of  con- 
tinuous acts  or  control  general  course 
of  official  conduct.  39  L.R.A. (N.S.) 
810. 

Mandamus  to  compel  former  officer,  after 
the  expiration  of  term,  to  perform  duty 
pertaining  to  his  office.  36  L.R.A. 
(N.S.)    1084. 

§  4^  To  courts  and  court  officers. 

To  compel  inferior  court  to  execute  or  en- 
force its  judgment  or  decree.  24  L.R.A. 
(N.S.)    886. 

In  exercise  of  superintending  control  over 
inferior  courts.     51   L.R.A.  33. 

To  compel  judge  to  sign  bills  of  exception, 
.etc.     36  L.R.A. (N.S.)    1087. 

To  compel  change  of  venue.  L.R.A. 1917F, 
914. 

To  prevent  change  of  venue  from  court  hav- 
ing exclusive  jurisdiction.  2  'L.R.A. 
(N.S.)    568. 

To  compel  removal  of  case  to  Federal  court 
or  remanding  of  case  to  state  court. 
37  L.R.A.(N.S.)    392. 

§   5.  To   executive  officers. 

To  governor.   6  L.R.A.  (N;S.)  7oO;  32  L.R.A. 

(N.S.)   355;  L.R.A.1917F,  774. 
Mandamus  to  compel  exercise  of  the  power 

to    remove    or    suspend    public    officer. 

28  L.R.A.(N.S.)    194;   46  L.R.A.(N.S.) 

9. 

§   6.  To  excise  officers. 

To  control  decision  of  licensing  officers  as 
to  fitness  of  applicant  for  license  to 
sell  intoxicating  liquors.  27  L.R.A. 
(N.S.)    1195. 

To  compel  public  officials  to  enforce  the 
liquor  law.     28  L.R.A. (N.S.)    246. 

§  7.  To  enforce  rights  in  public  con- 
tract. 

To  enforce  right  of  lowest  bidder  on  public 
contract.     26  L.R.A.   711. 

To  compel  award  of  public  contract  to  low- 
est bidder.     30  L.R.A. (N.S.)    128. 

To  compel  municipal  or  other  public  officer 
or  board  to  perform  duty  resting  in 
contract  alone.     20  L.R.A. (N.S.)    801. 

§  8.  To  compel  payment  of  municipal 
debt  by  custodian  of  funds. 

In  general.      14   L.R.A.   773. 

Rule  where  audit  is  conclusive.     14  L.R.A. 

775. 
Statutory   changes   permitting  enforcement 

of  ministerial   duties.     14   L.R.A.   775. 
Cases  in  which  writ  may  issue.     14  L.R.A. 

776. 
Defenses;   irregular  or  insufficient  audit  or 

warrant.     14  L.R.A.  778. 
Unconstitutionality    of    statute    as    defense 

against  mandamus  to  compel  payment 

of  public  money.    47  L.R.A.  516. 

§  9.  As  to  title  to,  or  acceptance  of, 
office. 

Right  to  attack  prima  facie  title  of  relator 
in  mandamus  to  obtain  office.  L.R.A. 
1915A,  832. 


IJsDEX  TO  L.R.A.  NOTES. 


865 


MANDAMUS,  II.  b— cont'd 

To  compel  payment  of  salary  to  public 
officer  wliose  title  is  disputed.  1  L.R.A. 
(N.S.)    .388. 

Right  to  try  question,  who  is  de  facto  officer 
in  mandamus  proceeding.  13  L.R.A. 
(N.S.)    661. 

Provision  for  contesting  election  of  city 
officer  before  city  council  or  otlier  mu- 
nicipal body  as  executive  of  mandamus. 
26  L.R.A.  (N.S.)    211. 

To  compel  one  usurping  office  to  turn  over 
papers.     35  L.R.A. (N.S.)    528. 

To  compel  acceptance  of  office.  24  L.R.A. 
493. 

§    10.  To  compel  surrentjer  of  office. 

Greneral  doctrine.      31    L.R.A.   343. 
Necessity    of    a    demand   and   refusal.     31 

L.R'A.  348. 
Effect  of  such  surrender.     31  L.R.A.  349. 
Sufficiency   of  title  to   support.     31   L.R.A. 

349. 
Right  to  attack  prima  facie  title  of  relator 

in  mandamus  to  obtain  office.     L.R.A. 

1915A,  832. 
Special    provisions   relating   to.     31   L.R.A. 

35.5. 
In   the   case   of   a   private   corporation.     31 

L.R.A.  360. 
When  writ  refused.     31  L.R.A.   361. 
English  cases.     31  L.R.A.  368. 

§    10a.  To  compel  restoration  to  office. 

Mandamus  to  restore  to  office  one  who  has 
been  illegally  removed.  19  L.R.A. 
(N.S.)   49. 

§    1 1 .  As  to  elections. 

To  compel  election  officers  to  act  after  they 

ha  L>    met    and    adjourned.      36    L.R.A. 

(N.S.)    1089. 
To  compel  steps  preliminary  to  an  election 

before  the  arrival  or  expiration  of  the 

time  fixed  therefor.     L.R.A.1917F,  221. 
Provision  for  testing  election  of  city  officer 

before  city  council  or  other  municipal 

bodv    as    exclusive    of   mandamus.      26 

L.R'A.(N.S.)  211. 
Mandamus   as  a  proper   remedy  to  enforce 

duties    with    respect    to    nominations. 

L.R.A. 1 91 7E,  480. 
As  to  initiiifivo  or  referendum  election.     50 

L.R.A.(N.S.)   216;  L.R.A.1917B,  31. 
In     connection     with     recall    election.       50 

L.R.A.(N.S.)    229;    L.R.A.1916D,   1104. 

c.  To  corporations. 

§    12.  Generally. 

To  enforce  provision  of  by-laws  of  corpora- 
tion.    32  L.R.A.  575." 

Mandamus  to  compel  calling  of  stockholders' 
or  directors'  meeting.  L.R.A. 1915E, 
774. 

To  enforce  right  to  inspect  books  of  corpo- 
ration.    45   L.R.A.   457. 

Mandamus  to  compel  transfer  of  corpo- 
rate stock.    48  L.R.A. (N.S.)    847. 

To  compel  transfer  on  books  of  corporation 
of  stocks  purchased  in  aid  of  con- 
spiracy against  the  corporation.  24 
L.R.A.(N.S.)    108. 

Consult  also  L.R.A.  Digests  of  Cases. 


MANDAMUS,  II.  c— cont'd 

§    13.  Public-service  corporations. 

Right  to  enforce  by  mandamus  duty  of 
public-service  corporation  arising  whol- 
ly from  contract.  13  L.R.A.  (N.S.) 
1084. 

As  proper  remedy  to  make  available  fran- 
chise in  street  or  highway  as  against 
municipality.     6  L.R.A. (N.S.)   782. 

To  compel  delivery  of  market  quotations  to 
bucket  sh9p.     3  L.R.A. (N.S.)    153. 

To  enforce  orders  of  Public  Service  Commis- 
sion.    L.R.A.1918E,  304. 

§    14.  — water   companies. 

To  enforce  contract  to  supply  city  with 
water.     61   L.R.A.  74. 

To  compel  water  company  to  supply  in- 
dividual applicant  with  water  at  rea- 
sonable rates.     1  L.R.A. (N.S.)  963. 

To  enforce  the  right  of  a  stockholder  of  a 
water  company  to  water.  24  L.R.A. 
(N.S.)  372. 

§    15.  —railroad    companies. 

To  enforce  orders  of  Public  Service  Ck)mmis- 

sions.     L.R.A.1918E,  304. 
Mandamus  to  compel   railroad  to  complete 

its  road.     L.R.A.1918E,  321. 
To  compel  operation  of  railroad.    24  L.R.A. 

564. 
To  require   railroad  company   to  equip   its 

road.     13  L.R.A.(N.S.)    320. 


III.  Jurisdiction;    procedure;    hearing; 
determination. 


§    16.  Generally. 

Procedure  in  mandamus  to  enforce  right  to 
inspect  books  of  corporation.  45  L.R.A. 
469. 

Conditions  precedent  to  issuance  of  man- 
damus to  compel  issiiance  of  bonds  of 
municipality  or  other  public  corpora- 
tion.    L.R.A.1918C,  421. 

Necessity  of  exhausting  remedies  within 
order  against  decision  expelling  or  sus- 
pending a  member  from  a  mutual  bene- 
fit society  before  resorting  to  courts 
for  relief  by  mandamus.  52  L.R.A. 
(N.S.)    818. 

Conclusiveness  in  mandamus  proceeding  to 
restore  to  membership  in  be-nevolent 
society,  of  decision  of  tribunal  of  soci- 
ety expelling  or  suspending  member. 
52  L.R.A. (N.S.)   806. 

Right  to  try,  in  mandamus  proceeding,  the 
question.  Who  is  de  facto  officer.  13 
L.R.A. (N.S.)    661. 

Right  to  attack  prima  facie  title  of  relator 
in  mandamus  to  obtain  office.  L.R.A. 
1915A,  832. 

Right  of  relator  in  mandamus  proceedings 
to  attack  constitutionality  of  statute 
relied  upon  by  respondent.  16  L.R.A. 
(N.S.)    266. 

Right  to  go  behind  judgment  against  county 
or  municipality  in  mandamus  proceed- 
ings to  enforce  satae.     9  L.R.A. (N.S.) 
1002. 
55 


866 


INDEX  TO  L.R.A.  NOTES. 


MANDAMUS,  III.— cont'd 
Removal,  because  of  separable  controversy, 
of    mandamus    proceeding.      5    L.R.A. 

(N.S.)    98. 

§    17.  Jurisdiction. 

Original  jurisdiction  of  court  of  last  resort 
in  mandamus  case.  58  L.R.A.  833;  38 
L.R.A.{N.S.)    1000. 

Exclusiveness  of  jurisdiction  of  court  of  last 
resort  to  issue  remedial  writs  for  pre- 
rogative purposes.  13  L.R.A.  (N.S.) 
768. 

§    18.  Parties. 

At  instance  of  creditor  to  compel  raising  of 
tax  assessment  to  the  full  value  of  the 
property.    L.R.A.1918B,  1107. 

By  private  person  to  compel  removal  of  ob- 
struction from  navigable  stream.  38 
L.R.A.(N.S.)   763. 

Who  is  real  party  in  interest  by  whom  man- 
damus proceedings  must  be  instituted. 
64  L.R.A.  622. 

§    19.  Pleading. 

Sufficiency  of  petition  for  mandamus  to  en- 
force duties  with  respect  to  nomina- 
tions.    L.R.A.1917E,  489. 

§  20.  Unconstitutionality  of  statute 
as  defense  against  mandamus  to 
compel  its  enforcement. 

Generally.  47  L.R.A.  512;  24  L.R.A. (N.S.) 
1260;   34  L.R.A.(N.S.)    1060. 

Constitutional  change  or  judicial  declara- 
tion of  invalidity.     47  L.R.A.  513. 

Ministerial  duties'.     47  L.R.A.  513. 

To  compel  tax.    47  L.R.A.  514. 

The  pavment  of  public  monev.  47  L.R.A. 
516'. 

Judicial  officers.     47  L.R.A.  516. 

Other  decisions.     47  L.R.A.  517. 

Practice  matters.     47  L.R.A.  517. 

Cases  in  which  defense  was  made  without 
any  discussion.     47  L.R.A.  518. 

§   21.  Relief  granted. 

Character  and  extent  of  relief  by  mandamus 
against  an  officer  vested  with  discre- 
tion, who  has  rendered  a  decision  upon 
a  ground  not  within  his  discretion.  7 
L.R.A. (N.S.)   525. 


MANIFOLD    COPIES. 

As  originals.     12  L.R.A. (N.S.) 343. 


MANDATORY  INJUNCTION. 

See  LxjUNCTiox,  §§  78,  79. 


MANDATORY    STATUTES. 


See  Statutes,  ^  24. 


MANIA. 

As    affecting    testamentary    capacity.       27 
L.R.A.  (N.S.)    89;   L.R.A.1915A.  462. 


♦-*-♦ 

MANSLAUGHTER. 

fttee  Homicide. 


MAN  TRAP. 


Civil  liability  for  injury  by,  see  NEeti- 
GENCE,  §  21. 

Criminal  responsibility  for  death  caused  by, 
upon  one's  own  property.  14  KR.A. 
(N.S.)    346;   24  L.R.A. (5f.S.)    369. 


MANUAL   LABOR. 

Right  to  exclude  from  school  for  refusal  to 
perform.     41  L.R.A.  603. 


MANUFACTURE. 


Beuiu   with  this  booh-  on  every  law  question. 


§    1.  Generally. 

See  also  Maxufactubers. 

Specific  performance  of  contract  for  sale  of 
manufactured  product.  L.R.A.1918E, 
626. 

VViiat  constitutes;  manufacturers;  manu- 
facturing companies;  newspapers  and 
publisluTs;  manufactured  articles.  14 
,     L.R.A.   107. 

Making  clothing  to  measure  as  manufactur- 
ing for  purpose  of  tax  laws.  44  L.R.A, 
(N.S.)    303. 

Statute  of  frauds;  distinction  between  sales 
of  personalty  and  agreements  for  work 
and  labor.    43  L.R.A. (N.S.)  97. 

May  water  company  be  required  to  furnish 
water  for  power  or  manufacturing  pur- 
poses.    .32  L.R.A. (N.S.)    S05. 

Construction    on   ground    as    niaiuifacturing 

within    provisions    of    bankruptcy    law 

j  defining  corporations  which  may  be  a<l- 

judged      involuntary      bankrupts.        26 

L.R.A.  (N.S.)    475.  ' 

Power  to  prohibit  the  manufacture  of  in- 
toxicating liquor  fur  one's  own  use. 
L.R.A.1918A.  419. 

Manufacturing  intoxicating  liquor  under 
contract  as  a  sale.    L.R.A.1917B,  606. 

§   2.  Oral   contract  to  manufacture. 

Contract  for  as  affected  bv  statute  of  fraud.s. 
14  L.R.A.  232;  '43  L.R.A. (N.S.)   97. 

Sale  distinguislied  from  contract  to  manu- 
facture. 6  L.R.A.  788;*  14  L.R.A. 
2.30;    .30  L.R.A. (N.S.)    319. 

§  3.  Manufacturing  as  a  public  pur- 
pose. 

Taking  of  property  for  water  power  for 
manufacturing,  as  a  public  purpose. 
22   L.R.A. (N.S.)    160. 


INDEX  TO  L.R.A.  .\OTES. 


SOT 


MANUFACTURE— cont'd 

Furnishing  water  and  water  power  to  pub- 
lic for  manufacturing  purposes  as  a 
public  purpose.     21   L.R.A.(N.S.)    410. 

§  4.  Measure  of  damages  for  breach 
of  contract  for  nianiifactiire  of 
goods. 

Loss  of  profits  as  damages  on  vendee's  re- 
fusal to  take  articles  niannfactiired 
for  liim.  4  L.R.A.(N.S.)  740;  18 
L.R.A.(N.S.)    Gl.S. 

Loss  of  profits  as  element  of  damages  fot 
breach  of  contract  for  sale  or  purchase 
of  articles  to  be  manufactured.  o2 
L.R.A.  230. 

Loss  of  use  of  plant  as  element  of  damages 
for  failure  to  deliver  material  to.  3 
L.R.A.{N.S.)    709. 


MANUFACTURING       CORPORATIONS— 

cont'd 
Purchase   of   supplies   by    foreign   manufac- 
turing   corporation    as    doing    business 
within  the  state.     L.R.A.19l'7E,  1157. 


MANUFACTURERS. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence, see  Evidence,  §  68. 
Monopolistic    combinations    of,    see    ^loNOP- 

OLIES    AND    COMKINATIONS,    IL 

Liability     for     injury     due    to    defects     in 

articles  manufactured,  see  Negugexce. 

§  IS. 
Implied  warranty  by,  see  .S.\les,  §  30. 
Exemption   of,    from    taxation,    spe  Taxes, 

§  38. 
See    also    Maxufactire;    Manufactirixg 

(oRPORATioxs:  Manufacturing  Estab- 

MSII.MKXTS. 

Waiver  of  manufacturer's  lien  by  attach- 
ment or  execution.     50  L.R.A.   722. 

Legislation  to  protect  against  loss  of  recep- 
tacles in  which  their  products  are  put 
up.     14  L.R.A.  (N.S.)    1128. 

Right  of  municipal  corporation  to  conduct 
manufactories.      31    L.R.A.  (N.S.)     121. 

Interference  by  competitor  or  others  with 
agents  of.     9  L.R.A. (N.S.)    904. 

Right  of  one  delivering  goods  for  manufac- 
ture to  claim  title  as  against  vendees 
or  creditors  of  manufacturer.  2.') 
L.R.A.  (N.S.)    781,  796. 

Validity  of  agreement  by  employees  of 
manufacturing  companies  not  to  engage 
in  competing  business  is  affected  by 
its  scope  in  time  and  territorial  ex- 
tent.     24   L.R.A:(N.S.)    939. 

Validitv  of  restrictive  agreement  ancillarv 
to  "sale  of  business  oL  24  L.R.A.  (N.S.') 
930:   L.R.A.1916C,  631. 

Condition  imposed  by  manufacturer  as  to 
retail  price  as  binding  upon  retailer 
purchasing  from  middleman.  ",^  H.  R. 
C.   299.  ■ 

Right  of  one  liable  for  damages  from  de- 
fective article  to  recover  Over  against 
vendor  or  manufacturer.  L.R.A.1915C, 
336. 


MANUFACTURINfi   ESTABIjISH- 
MENT. 

Persons  working  in.  as  independent  eon- 
tractors.     6.)  L.R.A.  488,  494. 

Supervising  employees  in,  as  vice  principals. 
51  L.R.A.  534"^  554.  581. 

Import  of  word  "additions"  in  insurance 
policy  on.     33  L.R.A. (N.S.)    l.-jO. 


MANURE. 

Tenant's  riglits  as  to,  see  Landlord  and 
Tenant,  §  51. 

Power  of  municipal  corporation  to  grant 
exclusive  right  for  removal  of.  21 
L.R.A.(N.S.)   830;  L.R.A.1915D,  209. 


MANUSCRIPT. 


Common  law  rights  in,  see  Copyright,  §  2, 
Co))y right  of,  see  Copyhigmt. 

As  baggage.     41    I^R.A.(N.S.)    371. 
Measure    of    damages    for    loss    or    destruc- 
tion of.     8  L.R.A.^N.S.)   369. 


MANUFACTURING    CORPORATIONS. 

Taxation  of,  see  Taxes.  §  38, 

Cotisiilt  also  L.R.A.  Digefits  of  Cases, 


MAP. 

See  Plats  and  ;Maps. 


MARGIN. 

Transactions  in  bucket  shops,  see  Bucket 

Shop. 
Validitv    of    dealings    on,    see    Contracts, 

§§'J06,   116. 


MARGINAL    NOTATIONS. 

Effect  and  construction  of  marginal  nota- 
tions upon  a  bill  or  note  relating  to  the 
time  of  payment.     L.R.A.1918C,  347. 


♦  •» 


MARINE  ADVENTURES. 

Insurance    against    loss    of    profits    from. 
L.R.A.1917C,  730. 


MARINE   CORPS. 


Enlistment   of   minor   in,   wit.hout   parent's 
consent.      .39   L.R.A. (N.S.)    458. 


868 


INDEX  TO  L.R.A.  NOTES. 


MARINE    INSURANCE. 

Risks,  covered  by  policy  of,  see  Insurance, 

§ji  157,  158. 
Cause  of  loss,  see  Insurance,  §§  157,  158. 
Extent  of  loss  or  recovery,  see  Insurance, 

§§  175,  176. 
Actions  on  policy,  see  Insurance,  §  204. 

Illegality  of  policy  of  marine  insurance  for 
lack  of  insurable  interest  as  affecting 
right  to  recover  back  premiums  paid. 
L.R.A.1917A,  477. 

Severability  of  insurance  on  same  policies. 
19  L.R.A.  218. 

Set-off  in  case  of  bankruptcy.  55  L.R.A. 
67. 

Conclusiveness  of  judgment  of  foreign  court 
of  admiralty  on  policies  of  marine 
insurance.     20  L.R.A.  669. 

When  stipulations  limiting  time  for  suit 
on  policy  begins  to  run.  47  L.R.A. 
708;   48  L.R.A. (N.S.)    911. 

Waters  covered  by  description  of  waters  in 
policy  of  marine  insurance.  L.R.A. 
1915C,  408; 

ififfect  of  war  on  contracts  with  alien  ene- 
mies.    L.R.A.1917C,  675. 

Validity  of  insurance  of  enemy  property 
against  seizure.     5  B.  R.  C.  836. 

Effect  of  carriage  of  contraband  upon  marine 
insurance.     5  B.  R.  C.  58. 

Liability  of  insurer  of  vessel  or  cargo  war- 
ranted free  from  capture.    6  B.  R.  C.  74. 


MARINERS. 


See  Seamen. 


MARINE    TORTS. 


Loss  of  profits  as  element  of  damages  for. 
52  L.R.A.  61. 


MARITAL  INFIDELITY. 

In  general,  see  Adultery;  Divorce  and 
Separation;  Husband  and  Wife,  §  3. 

Effect  of,  on  gifts  between  spouses,  see 
Husband  and  Wife,  §  50. 

Effect  of,  on  marriage  settlement,  see  Hus- 
band and  Wife,  §  60. 


MARITAIi    INTERCOURSE. 

Refusal    of,    as    ground    for    divorce. 
L.R.A.  685;  L.R.9.1915B,  770. 


14 


MARITAIi  RIGHTS. 


43, 


MARITIME   CONTRACTS. 

What  contracts  will  support  maritime  lien, 
see  Maritime  Liens,  §  2. 

Admiralty  jurisdiction  of.     G6   L.R.A.   193. 

Right  of  servant  under  maritime  law  to 
compensation  in  case  of  incomplete  per- 
formance of  his  contract  because  of 
physical  disability.  28  L.R.A,(N.S.) 
318. 


MARITIME    JURISDICTION. 

See  Admiralty,  §§  2,  3. 


MARITIME   LAW. 


Doctrine  of  maritime  law  as  to  termi- 
nation of  contract  of  employment  by 
death  of  servant  during  stipulated 
term.    21  L.R.A.  (N.S.)   929. 


MARITIME   LIENS. 


Fraud  on,  see  Husband  and  Wife,  § 

43a. 
Begin  ivith  this  hoolc  on  every  law  question 


§    1.  Generally. 

May  two  or  more  vessels  be  subjected  to  a 
joint  maritime  lien.     L.R.A. 1917E,  529. 

Lien  of  decree  in  admiralty.    47  L.R.A.  480. 

For  wharfage  charges.     70  L.R.A.  209. 

Does  lien  upon  vessel  for  safe  carriage  at- 
tach while  goods  are  in  lighter  prepara- 
tory to  being  loaded  on  vessel.  24 
L.R.A.  (N.S.)    569. 

Acceptance  of  conmiercial  paper  as  dis- 
charge of  material  and  supplies.  35 
L.R.A. (N.S.)    94. 

Rights  of  lien  holders  as  to  captured  prop- 
erty.    5  B.  R.  C.  1002. 

§   2.  What  contracts  will  supi,,)rt. 

General  principles.     70  L.R.A.  354. 
Decisions  bv  common-law  courts  70  L.R.A. 

358. 
To   pay   for   services   of   vessel.      70   L.R.A. 

368. 
General  average.     70  L.R.A.  375. 
Salvage.     70   L.R.A.   376. 
Contracts  with  seamen.     70  L.R.A.  377. 
Contract    between    master    and    ship.      70 

L.R.A.   381. 
Contracts    with   other    persons.      70    L.R.A. 

384. 
Other    contracts    for    services    and    benefits 

generally.      70  L.R.A.   388. 
Contracts    for    supplies    and    repairs.      70 

L.R.A.  391. 
Contracts  for  construction.     70  L.R.A.  413. 
Advances.     70  L.R.A.  414. 
Mortgage,     purchase     money,     drafts.       70 

L.R.A.  417. 
Bottomry.     70  L.R.A.  418. 
Respondentia.     70   L.R.A.   429. 
Hypothecation   of   freight.      70   L.R.A.   431. 
Contract    for    ship's    services.      70    L.R.A. 

432. 
Effect  of  Englisli  statutes.     70  L.R.A.  436. 


INDEX  TO  L.R.A.  NOTES. 


869 


»IARK. 

§   1.  Generally. 

On  ballots,  see  Elections,  §  21. 
Trademarks,    see    Trademark. 

Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  732. 
Value  and  weight  of  expert  testimony  as  to. 

L.R.A.1918D,  644. 
Indicating    owner    of    property    found.      37 

L.R.A.   123. 
Identification   by   marks  of  goods  sold   out 

of   a   larger   lot.     26   L.R.A.  (N.-S.)    16. 
On   negotiable   paper   as   putting   purchaser 

on   inquiry.     29  L.R.A.  (N.S.)    376, 
Marking    of   location    of   mining   claim.^    7 

L.R.A.(N.S.)    856. 

§   2.   Signature  by. 

Signa,ture  to  will  by,  see  Wills,  §  22. 
Attestation  of  will  by,  see  Wills,  §  31, 

.Signature  by.     12   L.R.A.   205;*   22  L.R.A, 

370. 
Does  ability  to  write   invalidate   signature 
made  by.     7  L.R.A,  (N,S,)    1193. 

§   3.  —proof  of. 

Proof  of,     64  L.R.A.  313, 

By  subscribing  witness,     35  L.R.A.  350. 

When  attesting  witnesses  are  dead  or  can- 
not remember  tlic  transaction.  44 
L.R.A.  142. 

Effect  of  adverse  testimony  of  attesting  wit- 
nesses as  to  execution  of  will  signed  by 
mark.     L.R.A.1916C,  1240. 

Comparison  of,  in  disputed  instrument.  66 
L.R.A.  95. 

Value  and  weight  of  expert  testimony. 
L.R.A.1918D,  644. 


MARKETABLE    TITLE. 

Effect  on,  of  failure  to  make  one  a  party 

to  suit,  see  Parties,  §  35. 
To    real    property    sold,    see    Vendor    and 

Purchaser,  "§§  15-38. 


MARKET  HOUSE. 


Liability  of  municipal  corpoiation  for  tort 
in  connection  with.  25  L.R.A. (N.S.) 
95. 

^-t^ 

MARKET  PLACE. 

Power  of  municipal  corporation  to  grant  or 
lease  space  on  street  or  sidewalk  for 
purposes  for.     25  L.R.A. (N.S.)    401. 


MARKET  PRICE. 


Extent  orf  recovery  for  broach  of  contract 
for  sale  of  article  without  market  price, 
see  Damages,  §  36. 

Consult  also  L.R.A .  Digests  of  Cases. 


MARKET  PRICE— cont'd 
False  statement  as  to,  see  Fraud  and  De- 
ceit, §  10. 

As  measure  of  damages  for  loss  or  conver- 
sion of  or  injiiry  to  household  goods  or 
wearing  apparel.     L.R.A.1917D,  496, 

Loss  of  profits  as  element  of  damages  for 
breacli  of  sale  or  purchase  of  article 
having  no  market.     52  L.R.A,  219. 

Effect  on  contract  of  providing  for  payment 
at,     53  L,R.A.   293. 


MARKET    QUOTATIONS. 

Property    rights    in.      7    L.R.A. (N.S.)    889. 
Mandamus  to  compel  delivery  of,  to  bucket 
shop.    3  L.R.A.(N.S.)  153. 


MARKETS. 


§   1.  Generally. 

Municipal     control     over,  '  see     Municipal 
Corporations,  §  44. 

Necessity  of  franchise  for.     37  L,R,A.  718. 
Delegation   of   municipal   power   as   to.      20 

L.R.A.  726. 
Validity    of    classification    in    Sunday    la\v 

as   to  keeping  open.      14   L.R.A. (N.S.) 

1259, 
Implied  power  of  municipality  to  purchase 

real  estate  on  credit  for  establishment 

of,     4  L,R.A,(N,S,)    746. 
Power   to   make   use   of   property   for,   con- 
ditional upon  consent  of  neighbors.     S 

L.R.A,  (N,S,)    978, 

§   2.  Market      i-egulations      restricting 
sales. 

American  cases.    24  L.R.A.  584. 
English  cases.     24  L.R.A.  587. 

§  3.  Use  of  street  for. 

Using    street    for    market    purposes.      14 

L.R.A.  558. 
As    additional    burden    on    easement,      17 

L.R.A.  480. 
Liability  of  municipality  for  obstruction  or 

defect  in  street  by  market.     20  L.R.A. 
.   (N.S.)   614. 
Injunction  against  city  as  to  nuisance  of. 

23  L.R.A.  303. 

«~»^ ' 


MARKET  VALUE. 

See  Market  Price. 

■  ■,:  \     ■             '      ■  > 
: ♦■«-♦ 


MARKING. 

Of  mine  upon  the  ground,  see  Mines,  §  18. 


870 


INDEX  TO  L.R.A.  NOTES. 


»I.\RRIAGE. 

I.  In   general,   §§    1-4. 
II.  Validity   generally,    §§    5-7. 
III.  Canaeity     of     parties;     who     may 

marry,  §§  8-13. 
IV.  Effeet  of  marriage,  §§  14,  15. 
V.  Annulment,    §g    10-20. 

I.  In  general. 


MARRIAGE,  I.— cont'd 

Improper     performance     of     ceremony. 
L.R.A.1917E,  873. 
EfTect  of  ignorance  or  mistake   as 
to  age.     29  L.R.A.  (N.S.)   504; 
L.R.A.1917E,  .874. 
Admissibility    of    declarations    of    persons 
since  deceased,  against  his  or  her  own 
marriage.      15   L.R.A.  (N.S.)    190. 
Slander  in  charging  woman  with  unchastity 
causing    loss    of    marriage.      24   L.R.A. 
(N.S.)    599. 
Agreement  for  payment  of  amount  specula- 
tive   on    marriage    as    insurance.      47 
L.R.A. (N.S.)    299. 

§  2.  Property  or  .services  acquired  or 
rendered  during  unlawful  mar- 
riage. 

Right  to  invoke  aid  of  court  to  determine 
rights  to  property  accumulated  in  com- 
mon by  parties  living  in  illicit  re- 
lations.    36  L.R.A. (N.S.)    838. 

Right  to  recover  for  household  services  ren- 
dered while  parties  were  living  to- 
gether under  void  marriage.  29  L.R.A. 
(N.S.)    788. 


restraint     of,     see  • 


§    1.  Generally. 

llelation  by,  see  Affinity. 

Breach  of  promise  to  marry,  see  Breach 
OF  Pbomihe. 

Ivightri  and  duties  of  husband  and  wife, 
generally,  see  Husband  and  Wife. 

Effect  of  misrepresentation  or  concealment 
as  to  charact»*r  on  marital  relation,  see 
Characteb,  §  3. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws.  §  13. 

Constitutionality  of  statutes  as  to,  see 
Constitutional  Law,  §  118. 

Validity  of  contract  affecting  marriage  re- 
lation, see  Contkacts,  §  82.  ■ 

As  to  divorce,  see  Divorce  and  Separation. 

Admissibility  oT  hearsay  evidence,  as  to, 
see  Evidence,  §  210. 

Sufficiency  of  proof  of,  see  Evidence,  §  295. 

Insurance  on  intended  husband's  life,  see 
Fiancek. 

Specific  performance,  of  contract  to  provide 
ior  party  to,  see  Specific  Perform- 
ance, §  8. 

I^-Icntal  anguish  at  failure  to  prevent  un- 
suitable marriage  as  element  of  dam- 
ages in  telegraph  cases.  49  L.R.A. 
(N.S.)    238. 

Power  of  consul  to  perform  marriage  cere- 
mony.    45  L.R.A.  497. 

Belief  in  invalidity  of  former  marriage  as 
defense  to  prosecution  for  bigamy.  27 
L.R.A.  (N.S.)    1103. 

Injunction  against  enforcing  invalid  con- 
tracts relating  to  marriage.  48  L.R.A. 
843. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  statutes 
in  relation  to.     40  L.R.A. (N.S.)   431, 

Offer  of  marriage  as  defen.se  to  prosecution 
for  seduction.     29  L.R.A. (N.S.)    421. 

Release  of  promise  to  liiarry  as  considera- 
tion for  contract.  19  L.R.A.  (N.S.) 
G56. 

Promise  of  marriage  as  a  false  pretense. 
L.R.A.1917E,  808. 

Fraudulent  inducement  by  one  partj'  to  a 
void  marriage  as  ground  for  civil 
action  in  favor  of  other  party.  33 
L.R.A.  411. 

Liability  for  fraud  in  inducing  one  to 
marry  a  third  person.  46  L.R.A. 
_(N.S'.)    98. 

Enticement  of  minor  for  purpose  of  mar- 
riage.    45  L.R.A. (N.S.)    871. 

Liability   for   improperly   issuing   marriage  j  with   a  certain  person  or  a   particular 

license     or     performing     marriage  j  class  of  persons.     L.R.A. 1917A.  44. 

ceremony.     L.R.A.1917E,  868.  Equitable  relief  against  forfeiture  of  estato 

Improper    issuance    of   license.      L.R.A.  |  under  condition   against  marriage.     63 

ini7E.  869.  L.R.A.  858- 

Begin  trith  this  hook  on  every  law  question. 


§   3.  Restraints   on. 

Devise     or     bequest     in 
Wills,  §  85. 


Existence  of  restraint.    4  B.  R.  C.  83. 
Validity  of  restraint.     4  B.  R.  C.  84. 

As  affected  by  fact  that  provision  is  for 
a    daughter   or   other   female   rela- 
tive.    4   B.   R.   C.    109;    49   L.R.A. 
(N.S.)    606. 
Validity  of  provision   for  person  while 

unmarried.     2  L.R.A. (N.S.)    545. 
Condition  against  marriage  with  a  par- 
ticular person  or  class  of  persons. 
L.R.A.1917A,  44. 
Legislative   power   to   forbid   marriage. 
2    L.R.A.  (N.S.)     531;     52    L.R.A. 
(N.S.)   778. 
The  interrorem  doctrine.     4  B.  R.  C.  113. 
Provision  as  a  condition  or  a  limitation.  4 

B.  R.  C.  128. 
Provision  as  a  condition  precedent  or  sub- 
sequent.    4  B.  R.  C.  142. 
Effect  of  provision  on  estate  taken.     4   B. 

R.  C.  147. 
Performance.     4  B.  R.  C.  190. 
Breach.     4  B.  R.  C.  191. 
Character  of  gift  as  one  of  realty  or  per- 
sonalty.   4  B.  R.  C.  194. 
Construction  of  provisions.     4  B.  R.  C.  195. 
Statutes  and  their  effect.     4  B.  R.  C.  205. 
Gifts   over   by    implication    where   property 
is  given  over  at  death  and  first  taker 
marries,  or  vice  versa.     4  B.  R.  C.  206. 
Contracts   in   restraint  of   marriage.     4   B. 
R.  C.  215. 
'  Construction  of  conditions  against  marriage 


INDEX  TO  L.R.A.  NOTES. 


.871 


MARRIAGE,  I.— cont'd 
§   4.  How  proved. 

Presumption  and  burden  of  proof  as  to,  si>o 
Evidence,  §§  27,  28. 

Sufficiency  of  proof  of  marriage,  see  Evi- 
dence, §  295. 

Cohabitation  as  proof  of,  wliere  it  begins  un- 
lawfully.     14   L.R.A.   364. 

II.   Validitif  generally. 

§    .5.  Cienorally. 

Effect  of  fraud  on  marriage,  see  Fraud  and 
Deceit,  §§  ]6,  30. 

Devi.se  or  bequest  to  one  described  as  "hus- 
band," "wife"  or  "widow"  as  affected 
by  illegality  of  marriage,  L.R.A.1917B, 
1153. 

Laws  governing  validitv  of.  57  L.R.A. 
155;  11  L.R.A.  (N.SO  1082;  17  L.R.A. 
(N.S.)  800:  26  L.R.A.  (N.S.)  179;  28 
LR.A.(N.S.)  753;  43  L.R.A.  (N.S.) 
355. 

Law  governing  li'gitimacy  as  dependent  on 
validity    of    marriage.      0-5    L.R.A.    177. 

€ommon-law  marriage:  effect  of  statute. 
2  L.R.A. (N.S.)   353. 

<]ieneral  characteristics  and  validity  of  com- 
mon-law marriage.  L.R.A.1915E, 
8. 

Sufficiency  of  words  and  conduct  to  consti- 
tute common-law  marriage,  or  of 
circumstantial  evidence  to  imply 
marriage.     L.R.A.1915E,  60. 

Efl'ect  of  marriage  statutes  to  abrogate  the 
common  law.     L.R.A.1915E,  113. 

Lffeet  upon  duly  solemnized  marriage  of  ab- 
sence of  license  required  by  statute. 
15   L.R.A. (N.S.)    463. 

Presumption  of  marriage  license.  14  L.R.A. 
541. 

Presumptions  flowing  from  marriage  cere- 
mony.    L.R.A.1915E,   186. 

Sufficiency  of  ceremonv  for  remarriage  of 
divorced  Catholics.'    L.R.A.1917C,  1020. 

Unlawful  or  invalid  marriage  as  void  or 
voidable.     L.R.A.1916C,  690. 

§  6.  Effect  of  duress  to  avoid  mar- 
riage. 

Effect  of,  generally.     43  L.R.A.  814. 
What  duress  is  sufficient.     43  L.R.A.  814. 
Ratification.     43  L.R.A.  818. 
Matters  of  procedure.     43  L.R.A.  819. 
Marriage  induced  by  duress  as  void  or  void- 
able.    L.R.A.1916C,  706. 

§   7.  Rutifieation  of  invalid  marriage. 

Of  marriag(>  of  person  wnen  insane.  40 
L.R.A.  741. 

Of  marriage  effected  by  duress.  43  L.R.A. 
818. 

Cohal)itation  as  ratification  of  forced  mar- 
riage.    27  LJl.A.(N.S.)   805. 

III.  Capacity     of    parties;     who     may 
marry. 

§   8.  Generally. 

C^onflict   of   laws   as   to,   see   Conflict  of 

Laws,  §  13. 
Consult  also  li.It.A.  Digests  of  Cases. 


j  MARRIAGE,  III.— cont'd 
Marriage  of  infant,  see  Infants,  §  15. 
Marriage   between   whites   and  negroes,   see 
Miscegenation. 

Presumption    as    to   capacity    flowing    from 
marriage   ceremony.      16   L.R.A.  (N.S. ) 
100. 
Effect    of    intoxication    on    marriage.      34 
L.R.A.  87. 
1  Incestuous    marriage    as    void    or    voidal)le. 
L.R.A.1916C,  723. 
V^alidity  of  marriage  with  relative  by  mar- 
riage.    L.R.A.1916C,  756. 
Marriage   of  physical   incompetent   as    void 
or  voidable.     L.R.A.1916C,  694. 

§   9.  Persons  under  age  of  consent. 

Conflict  of  laws  as  to  validitv.  57  L.R.A. 
172;    43  L.R.A.  (N.S.)    355. 

Validitv  of  marriage  of  persons  of  nonage. 
22'  L.R.A. (N.S.)  1202;  L.R.A.1916C, 
740. 

Efl'ect  of  parents'  consent.  22  L.R.A. (N.S.) 
1206. 

Effect  of  statute  fixing  age  of  consent  in 
defining  statutory  rape  as  determining 
age  of  consent  for  marriage.  21  L.R.A. 
(N.S.)   847. 

Liability  for  issuing  marriage  license  or 
performing  marriage  ceremony  where 
one  of  parties  was  under  the  age  of  con- 
sent.    L.R.A.1917E,  868. 

§    10.  Marriage  of  person  while  insane. 

Invalidity   of.     40   L.R.A.   737. 

Degree  of  incapacitv  whicli  will  affect.  40 
L.R.A.   738. 

Test  of  capacity  to  contract.    40  L.R.A.  738. 

Test  of  capacity  to  know  tl»e  nature  of  the 
act.     40  L.R.A.  739. 

Incapacity  combined  with  fraud.  40  L.R.A. 
740. 

Incapacity  as  a  ground  for  divorce.  40 
L.R.A.  740. 

Ratification  and  waiver  of  right  to  attack. 
40  L.R.A.  741. 

Evidence  of  incapacity.     40  L.R.A.  742. 

The  annulment.     40  L.R.A.  744. 

Mental  capacity  essential  to  a  valid  mar- 
riage.    38  L.R.A. (N.S.)   818. 

Test  of  insanity  which  will  render  marriage 
void.    3  B.  R.  C.  455. 

Marriage  of  mental  incompetent  as  void  or 
voidable.    L.R.A.1916C,  700. 

Effect  of  recovery  of  sanity  after  commence- 
ment of  cohabitation  between  parties 
married  while  one  of  them  was  insane. 
3  L.R.A. (N.S.)   247. 

Misrepresentations  or  concealment  as  to 
antenuptial  insanity  as  ground  for  an- 
nulment of  marriage.  13  L.R.A. (N.S. ) 
996. 

Desire  of  aged  person  to  marry  as  ground 
for  appointment  of  guardian.  47 
L.R.A.(N.S.)    476. 

§   11.  Persons  already  married. 

Bigamy,  see  Bigamy. 

Conflict  of  laws  as  to,  see  Confmct  of 
Laws,  §  13. 


872 


INDEX  TO  L.R.A.  NOTES. 


MARRIAGE,  III— cont'd 

Validity  of  agreement  to  marry  where  one 
of  the  parties  is  already  married.  1  B. 
R.  C.  917. 

Conflicting  presumptions  as  to  validity  of 
former  marriage.     10  L.R.A.  (N.S.)   104. 

Presumption  as  to  validity  of  former  mar- 
riage in  prosecution  for  bigamy.  9 
L.R.A.(N.S.)   1036. 

Presumption  flowing  from  ceremonial  mar- 
riage of  person  during  lifetime  of  for- 
mer spouse.    L.R.A.1915E,  186. 

Bigamous  marriage  as  void  or  voidable. 
L.R.A.1916C,  711. 

§    12.  Divorced   persons. 

Effect  of,  see  infra,  §  15. 
Conflict   of    laws   as   to,    see   Conflict   of 
Laws,  §  13. 

Conflict  of  laws  as  to.  24  L.R.A.  831;  57 
L.R.A.  169;   43  L.R.A. (N.S.)   358. 

Validity  of  marriage  contracted  within  pro- 
hibited time  after  divorce.  L.R.A. 
1916C,  748. 

Effect  of  statutes  forbidding  remarriage  of 
guilty  party  after  divorce.  24 
L.R.A,  831;  57  L.R.A.  169. 

Effect  of  right  to  appeal  from  divorce  decree 
on  party's  right  to  remarry.  17  L.R.A. 
573. 

Petition  for  modification  of  divorce  decrees 
to  cancel  prohibition  against  a  new 
marriage.     L.R.A. 1917B,  495. 

Remarriage  of  divorced  Catholics.  L.R.A. 
1917C,  1020. 

§  13.  Subsequent  removal  of  impedi- 
ment. 

Effect  of  removal  of  impediment  to  mar- 
riage after  parties  have  begun  co- 
habitation.    3   L.R.A.  (N.S.)    244. 

Inference  or  presumption  of  marriage  from 
continued  cohabitation  following  re- 
moval of  impediment.    L.R.A.1915.E,  91. 

IV.  Effect  of  marriage. 

§    14.  Generally. 

Presumption  flowing  from  marriage  cere- 
mony, see  Evidence,  §  28. 

As  effecting  revocation  of  wills,  see  Wills, 
§  37. 

Effect  of  marriage  upon  wife's  status  as  an 

alien.      22    L.R.A.    148;    L.R.A.1916D, 

132. 
How   far   marriage   of   infant   works   eman- 
cipation.     16    L.R.A.    578;    24    L.R.A. 

(N.S.)    160. 
Marriage   of   insured   as   affecting   previous 

designation   of   beneficiarv.     49   L.R.A. 

(N.S.)    141. 
Effect  of  marriage  of  ward   on   settlement 

between    guardian    and    ward    out    of 

court.     L.R.A.1916E,  871. 
Effect  of  injured  party's  marriage  to  one  of 

several  joint  tort  feasors  to  release  all. 

58  L.R.A.  307. 
Marriage  of  woman  after  personal  injury  as 

affecting  damages.    L.R.A.1916C,'  592. 
Begin  with  this  booh  on  evertf  law  question. 


MARRIAGE,  IV.— cont'd 
Effect  of  marrying  witness  in  order  to  pre- 
vent   her    from    testifying.      67    L.R.A. 

499. 
Effect  of  interinarriage  between  debtor  and 

creditor  upon  indebtedness.     21   L.R.A. 

(N.S.)    683;   L.R.A.1915D,  1126. 
Law  governing  efl'ect  of  subsequent  marriage 

to  legitimate  children  previously  born. 

65  L.R.A.  178. 
Eflect  of  contracting  or  dissolution  of,  after 

initiation,  but  before  consummation  of 

riglit  under  homestead  entry.     7  L.R.A. 

(N.S.)   967. 
Effect  of  ceremonial  marriage  to  overcome 

presumption  arising  from  cohabitation 

and   reputation.     16  L.R.A. (N.S.)    102. 
Marrying  out  of  state  contrary  to  decree  as 

contempt    of    court.      40    L.R.A. < N.S.) 

765. 
Marriage  as  ground  for  non-appointment  or 

dismissal  of  teacher.     L.R.A.1916C,  795. 
Effect  of  remarriage  upon  widow's  existing 

homestead   rights.     L.R.A.1916A,   1000. 

§    15.   Of  divorced  person. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  13. 

Effect  of  marriage  contracted  within  pro- 
hibited time  after  divorce.  L.R.A.1916C, 
748. 

Effect  on  attack  on  divorce  decrees  of  new 
marriage  by  spouse  granted  decree. 
L.R.A.1917B,  489. 

Effect  of  widow's  remarriage  on  right  of 
children  in  homestead.     56  L.R.A.  70. 

Effect  of  marriage  of  mother  on  right  to  ap- 
pointment as  guardian  of  minor  child. 
33   L.R.A. (N.S.)    875. 

Intermarriage  of  parties  to  a  divorce  upon 
the  right  to  alimony  or  provision  in  lieu 
of  alimony.    3  L.R.A.(N.S.)   923. 

Effect  of  second  marriage  upon  obligation 
to  pay  alimony.  62  L.R.A.  975;  L.R.A. 
1915F,  820. 

V.  Annulment. 

§    16.  Generally. 

Divorce  or  separation,  see  Divorce  and  Sep- 
aration. 

Effect  of  conviction  and  sentence  upon  mar- 
riage relation.     31   L.R.A.  515. 

Power  to  compel  plaintiff  in  suit  for  annul- 
ment of  marriage  to  submit  to  a  phy- 
sical examination.     14  L.R.A.  466. 

Annulment  of  marriage  on  publication 
where  defendant  is  absent  from  the 
country.     19   L.R.A.  820. 

Condonation  of  loathsome  disease  as  defense 
to  action  for  annulment.  5  L.R.A. 
(N.S.)  729. 

§    17.  Jurisdiction. 

See  Courts,  §  8;  Equity,  §  12. 

§    18.  Grounds    for. 

Antenuptial  pregnancy  or  uncliastity  as  a 
ground  of  divorce  or  annulment  of 
marriage.  18  L.R.A.  375;  L.R.A- 
1916E,  650. 


INDEX  TO  L.R.A.  NOTES. 


873 


MARRIAGE,  V.— cont'd 

Misreprt'sentatioiis  or  concealment  as  to 
one's  physical  or  mental  condition  as 
ground  for  annulment  of  marriage.  13 
L.R.A.(X.S.)   996. 

Misrepresentation  as  to  disposition  or  gen- 
eral character  as  ground  for.  30  L.R.A. 
(N.S.)   301. 

Annulment  of  marriage  of  person  while  in- 
sane.   40  L.R.A.  744. 

Test  of  insanity  wliich  will  justify  annul- 
ment of  marriage.     3  15.  K.  C.  45.5. 

Annulment  because  of  intent  not  to  perform 
duties  of  marital  relation.  L.R.A. 
1916E,  1274. 

What  constitutes  duress  for  wliich  mar- 
riage may  be  annulled.  27  L.R.A. 
(N.S.)   803. 

Eight  to  avoid  marriage  entered  into,  to  es- 
cape prosecution  for  seduction,  upon 
ground  of  duress.    16  L.R.A. (N.S.)  938. 

§    19.  Effect   of. 

On  community  property,  see  Husband  axd 
Wife,  §  .30. 

Of  marriage  entered  into  wliile  insane.  40 
L.R.A.  746. 

Effect  of  annulment  on  property  held  by  the 
entireties.     30  L.R.A.  333.' 

Division  of  property  upon  the  annulment  of 
marriage.     36  L.R.A. (N.S.)    844. 

Devi.se  or  bequest  to  one  described  as  "hus- 
band," "wife"  or  "widow"  as  affected 
by  annulment  of  marriage.  L.R.A. 
li)17B,   1156. 

Conclusiveness  as  to  third  persons  of  decree 
in  suit  for  annulment  as  to  facts  adjudi- 
cated as  distinguished  from  status  es- 
tablished. 39  L.R.A.  (N.S.)  569;  L.R.A. 
1915C,  870. 

§   20.  Alimony. 

As  to  alimony  in  divorce  suit,  see  DivoBCK 
AND  Separation,  §§  34-49. 

Alimony    in    suit   to    annul    marriage.        3 

L.R.A.  (N.S.)    192. 
Right  to  temporary  alimony  on  annulment 

of  marriage.    26  L.R.A. (N.S.)  500. 
Power,  upon  annuling  a  marriage,  to  require 

man  to  provide  for  support  of  woman  or 

child.    5  L.R.A. (N.S.)  767. 

♦«» 


MARRIAGE    BROKAGE. 

Validity  of  marriage  brokage  contracts.  3 
B.  R.  C.  643. 

Injunction  against  enforcing  marriage  brok- 
age bonds.     48  L.R.A.  843. 

♦  «  » 


MARRIAGE   CEREMONY. 

Preaumption  from,  see  Evidence,  §  28. 
♦•» 

MARRIAGE  SETTLEMENT. 

See  Husband  and  Wife,  §§  55-61. 
Constilt  also  L.R.A.  Diaests  of  Cases. 


MARRIED   PERSONS. 

In  general,  see  Husband  and  Wife, 
Marriage  of,  see  Marriage,  §  11, 


MARRIED  WOMEN. 

See  Husband  and  Wife. 


MARSHAL. 


Deputy  marshal,  see  Deputy,  §  2. 

Applicability  to,  of  Workmen's  Compensa- 
tion  Acts.     L.R.A.1918F,   191. 

As  public  officer.  17  L.R.A.  245;  36  L.R.A. 
(N.S.)   882. 

Liability  of  marshal  executing  invalid 
search  warrant.     49  L.R.A.(N.S.)    770. 

Liability  of,  for  his  deputy's  tort  in  making 
arrest.  12  L.R.A. (N.S.)  1019;  L.R.A. 
1915E,  172. 

Liability  of  sureties  on  bond  of,  for  death 
of  person  due  to  act  or  default  of  prin- 
cipal or  one  of  his  deputies.  11  L.R.A. 
(N.S.)    758. 


MARSHALING  ASSETS  AND  SECURI- 
TIES. 

§   1.  Generally. 

Of  assets  as  affecting  priority  of  United 
States.     29  L.R.A.  238. 

Of  funds  of  mutual  fire  insurance  com- 
panies.    32  L.R.A.  498. 

Marshaling  assets  for  benefit  of  mortgagor. 
47    L.R.A. (N.S.)    302. 

Duty  of  one  debtor  to  exonerate  the  other, 
as  affecting  the  rule  which  denies  the 
right  to  marshal  assets  where  the 
funds  are  not  derived  from  a  common 
source,  or  are  not  in  the  hands  of  a 
common  debtor.     12  L.R.A.  (N.S.)    965. 

Right  of  junior  creditor  to  compel  para- 
mount creditor  to  resort  primarily  to 
property  of  third  person  which  may  be 
subjected  to  payment  of  his  claim.  39 
L.R.A.  (N.S.)    1000. 

Right  of  holders  of  concurrent  mortgages  or 
debentures  ranking  pari  passu  to  have 
interest  equalized  before  distributing 
proceeds  of  security.    7  B.  R.  C  91. 

§   2.  Inverse  order  of  alienation. 

Rule  as  to  inverse  order  of  alienation  as 
affected  by  assumption  of  mort- 
gage   debt.     39    L.R.A. (N.S.)    359. 


MARSHES. 


25 


Surface   water   as   distinguished   from. 

L.R.A.  529. 
Taking  of  property  for  reclamation  of,  as  a 

public   purpose.     22   L.R.A. (N.S.)    163. 
Right   to   hasten    flow    of   water    from.     19 

L.R.A. (N.S.)    169;  L.R.A.1916F,  429. 


874 


INDEX  TO  L.K.A.  NOTES. 


MARTIAL  LAW. 

Martial  law  when  there  is  no  actual  war. 

65  L.R.A.   193. 
Continuance    of    constitutional    guaranties 

during  war  or  insurrection.     45  L.R.A. 

(N.S.)   996. 


MASONIC  HALL. 


Assessment     for     local     improvement.       35 
L.R.A.  38. 


MASSAGE. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A.  (N.S.) 
762;  24  L.R.A. (N.S.)  103;  25  L.R.A. 
(N.S.)   1297;  L.R.A.1917C,  825. 


MASSES. 

Validity  of  bequests  for;  secret  trusts  to 
use  for  masses.  25  L.R.A.  300;  40 
L.R.A.  717;  37  L.R.A.(N.S.)    1005. 

Enforcement  of  general  bequests  for.  14 
L.R.A.(N.S.)   96. 

Who  may  enforce  trust  for.  46  L.R.A. 
(N.S.)   222. 


MASSEURS. 


See  Massage. 


MASTER. 

§    1.  Of  vessel. 

Admiralty  jurisdiction  of  contracts  of.  66 
L.R.A.  228. 

Maritime  lien  of.     70  L.R.A.  437. 

Authority  to  give  maritime  lien  for  sup- 
plies and  repairs.    70  L.R.A.  391. 

§   2.  In  chancery. 

Right  of  woman  to  be.     38  L.R.A.  213. 
Waiver  by  cross-examination    of    objection 

to  testimony  taken   before.     33   L.R.A. 

(N.S.)    108. 


MASTER  AND   SERVANT. 

I.  In  general,  §   1. 
II.  Rights      and     relation     generally, 
§§   2-47. 
a.  In  general,  §§  2-0. 
h.  Statutes    affecting    relations, 
§§    10-12. 
Begin  uHth  this  book  on  everi/  Irnv  question. 


MASTER  AND  SERVANT,  II.— cont'd 

c.  Products    of   sei'vant's   labor 

or  inventions,   §§    13,    14. 

d.  Validity  of  contract,   §§    15, 

16. 

e.  Authority    of    employee,    §§ 

17-lSa. 
J.  When  relation  exists,  §§   19- 

23. 
fir.  Wages;      compensation,      §§ 

24-31. 
h.  Hours  of  labor,   §§  32,  33. 
i.  Teiinination       of       relation; 
discharge;  enticing,  §§ 
34-47. 

1.  In  general,   §§  34-39. 

2.  Discharge,  §§   40-46. 

3.  Enticing ;  procuring  dis- 

charge,   §    47. 
III.  Duty    and    liability    of    master    to 
servant,  §§  48- 169a. 
a.  Nature   and    extent    of   mas- 
ter's duty,  §§  48-108. 

1.  In  general,  §§  48-64. 

2.  Knowledge     as     element 

of   employer's   liability, 
§§    65-68. 

3.  Scope     of     employment; 

direct      command,      §§ 
69,    70. 

4.  As  to   rules  and  regula- 

tions    for     conduct     of 
business,   §   71. 

5.  Duty  to  uavn  or  instruct 

servant,     §§     72- 
78. 

(a)  In      general,       §^ 

72-75. 

(b)  Children,     §§     70- 

78. 
C  Safety    as    to    place,    ap- 
pliances, and 
tools,  §§  79-103. 

(a)  In      general,       §§■ 

79-87. 

(b)  Machinery,  §§  88- 

90. 

(c)  In    mines,    §§    91, 

91a. 

(d)  Railroad  and 

street  railway 

cases,    §§    92-97. 

(e)  Inspection,  §§   98- 

102. 

(f)  Superintendence 

and     supervision,^ 
§   103. 

7.  Selection,      employment,. 

and  retention  of  fellow 
servants,  §§  104-106. 

8.  Liability  to  volunteer, 
employee's  assistant,  or 
servants  of  third  per- 
sons,   §§    107 -108a. 

h.  Assumption  of  risl^,  §§  109- 

122. 
c.  Contributory  negligence,    §§ 

123-131. 


INDEX  TO  L.R.A.  NOTES. 


875 


MASTER  AND  SERVANT,  III.— cont'd 

d.  Fellow    servants,     §§     132- 
169u. 

1.  In  general,  §§  132-138. 

(a)    Generally,    §    132. 

(h)  Concurrent  negli- 
gence of  master 
and  fellow  serv- 
ant, §§  133,  134. 

(c)  Fellow  servant 

rule  as  affected 
by  statute,  §  135. 

(d)  Who      are      fellow 

servants  general- 
ly, §§  136,  137. 

(e)  For    ii'hat    acts    of 

fellow  servant 
master  is  liable, 
§  138. 

2.  Common        employment, 

apart       frotn       statute, 

where    no    question    as 

to     vice     principalship, 

§§  139-143. 

8.  Vice  principal ;  superior 

servant,    §§    144- 

169a. 

(a)  In  general,  §  144. 

(b)  Considered        with 

reference  to  rank 
of  superior  serv- 
ant, §§  145- 
152. 

(c)  Vice  principal- 

ship  as  de- 
t  e  r  m  ine  d 
with  refer- 
ence to  char- 
acter of  act 
causing  in- 
jury; delega- 
tion of  duty, 
§§  153- 169a. 

(1)  In  general, 

§§   153„   154. 

(2)  Liability  of 

master  for 
negligence  of 
coservant,  §§ 
155- 162a. 

(3)  Delegation       of 

master' 8  duty, 
§§  163- 169a. 
IV.  Liability   of  master  to    third  per- 
son,   §§    170-195. 
a.  For     acts     of     servants     or 
agents,  §§   170-184. 

1.  In  general,  §§  170-180. 

2.  Scope     of     etnploytnent ; 

disobedience  of  orders, 
§§   181-184. 
h.  For      acts      of      independent 
contractors,      §§      185- 
195. 

1.  In  general,  §§  185-188. 

2.  For    what    acts    of    con- 

tractor      employer       is 
liable,  §§  189-194. 
8.  Who      are      independent 
contractors,  §   195. 
V.  Liability  of  servant  or  contractor, 
§§    196-198. 
Conmdt  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT— cont'd 
VI.  Joint  liability  :Of  master  and  serv- 
ant,  §    190.      . 

VII.  Liability  of  third  person  to  serv- 
ant or  master,  §§  2O0-202, 


J.  In  general. 

§   1.  Generally. 

As  to  apprentices,  see  Apprentices. 

Servant's  fraud  in  examining  vouchers,  see 
Banks,  §  29. 

Bond  insuring  fidelity  of  employee,  see 
Bonds,   §   11. 

Employees  of  carrier  as  passengers,  see 
Carriers,  §  6. 

Character  of  employee,  see  Character,  §  2. 

Relation  between  carriers  and  employees  in 
matters  affecting  interstate  commerce, 
see  Commerce,  §  19.  , 

Employment  agencies,  see  Constitutional 
Law,  §  88. 

Custom  of,  see  Custom  and  Usage,  §§  3,  4. 

Servant's  choice  of  remedy,  see  Election. 
OF  Remedies,  §  7. 

Employers'  indemnity  insurance,  see  In- 
surance, §i^  212-217. 

Employees  in  mine,  see  Mines,  §§  39-42. 

Ratification  by  employer,  see  Ratification, 
§  4. 

Action  by  father  for  seduction  of  child, 
see  Seduction,  §  4. 

Sickness  of  employee,  see  Sickness,  §  9. 

Service  on  employee,  see  Writ  and  Proc- 
ess, §  23. 

Effect  of  servant's  authority  to  enter  build- 
ing on  sufficiency  of  breaking  to  consti- 
tute burglary.     L.R.A.1915D,  1015. 

Validity  of  contract  or  option  by  director 
for  purchase  of  stock  of  employee  of 
corporation  upon  discontinuance  of  em- 
ployment.    L.R.A.1916D,  1117. 

Trust  for  benefit  of  employees  as  a  charita- 
ble trust.     7  B.  R.  C.  180. 

Liability  of  carrier  for  loss  of  property  of 
employer  in  passenger's  baggage.  L.R.A. 
1918C,  114. 

Lien  of  innkeeper  on  goods  of  master  of 
guest.     21    L.R.A.   230. 

Robbery  by  taking  property  from  servant. 
67  L.R.A.  346. 

Effect  of  servant's  consent  to  taking  of 
property  on  crime  of  larceny.  7  L.R.A. 
(N.S.)    1149. 

Competency  as  juror  of  employee  or  rela- 
tive of  employee  of  party  or  person 
interested  in  action.  40  L.R.A. (N.S.) 
982. 

Disqualification  of  employee  of  party  in^ 
terested  in  eminent  domain  proceed- 
ings to  serve  as  commissioner  or  juror. 
47  L.R.A.(N.S.)    168. 

Right  of  employer  who  has  been  held  liable 
for  tort  of  or  upon  servant  or  contract- 
or to  recover  from  the  actual  wrong- 
doer.    40  L.R.A.  (N.S.)   1153. 

Admissibility  of  reports  by  employee  to  em- 
ployer to  prove  fact  in  issue.  18 
L.R.A.  (N.S.)  231:  25  L.R.A.  (N.S.) 
930;  47  L.R.A.  (N.S.)   830. 


876 


INDEX  TO  L.R.A.  NOTES. 


MASTEii  AND  SERVANT,  I.— cont'd 
Communication  to  stenographer  or  clerk  as 
publication  of  libel.     1  B.  R.  C.  45.');  L.R.A. 

19] 8F,  568. 
Right  of  third  person  to  complain  of  regu- 
lations  concerning   conduct   of  employ- 
ees,   etc.,    by    which    he    is    injuriously 
aflfected.      51    L.R.A.  (N.S.)    17. 
Competency   of   employee   apjjointcd   as   ap- 
praiser,  pursuant  to  statute  or   provi- 
sion of   fire  insurance   policy  to  ascer 
tain  amount  of  loss.     52  L.R.A. (N.S.) 
497. 
Agreements    betwfen    employer    and    trade 
union.     45   L.R.A. (N.S.)    184. 

//,  Rights  and  relation,  generally. 
a.  In  general. 

§  2.  Generally. 

Statutes  affecting  relations,  see  infra,  §§ 
10-12.  : 

Measure  of  damages  for  breach  of  contract 
by  employer  or  employee,  see  Damages, 
§§  24,  25. 

Presumption  and  burden  of  proof  as  to  con- 
tract of  employment,  see  Evidence,  § 
92. 

Sufficiency  of  evidence  of  contract  of  em- 
ployment, see  EviDENCK,  §  310. 

Injunction  against  disclosure  of  trade 
secrets  by  employee,  see  Injunction,  § 
72. 

Liability  growing  out  of  the  giving  or  re- 
fusing of  information  affecting  the 
cliaracter  or  reputation  of  servant,  see 
T^iBEL  ANu  Slander,  §§  20,  27. 

Authority  to  contract  for  services  of  other 
persons.     L.R.A.1918F,  18. 

Imprisonment  of  one  of  the  parties  to  the 
contract  as  affecting  rights  and  obliga- 
tions thereunder.     L.R,A.1917F,  628. 

Distinction  between  office  and  employment. 
17  L.R.A.  244.. 

Railroad  employee  as  passenger.  31  L.R.A. 
321. 

Voluntariness  of  confession  made  to  mas- 
ter.    18   L.R.A.  ( N.S. ),  854. 

Reduction  of  rank  or  changing  duties  of 
employee  as  violation  of  contract  of 
employment.     27   L.R.A. (N.S.)    1011. 

Servant's  right  as  to  tips  received  by  him. 
41  L.R.A.(N.S.)   1217. 

Effect  of  contemporaneous  agreement  to 
give  debtor  employment  or  retain  him 
in  a  position  to  render  attempted  pref- 
erence invalid  as  to  other  creditors. 
17  L.R.A. (N.S.)   3]0. 

Right  of  servant  to  common-law  possessory 
lien  or  its  statutory  substitute  for  serv- 
ices in  connection  /with  property.  42 
L.R.A.  (N.S.)    731. 

Existence  of  trust  in  favor  of  master  in 
property  stolen  or  embezzled  by  servant. 
L.R.A.1915B,  442. 

Amount  of  damages  recoverable  by  master 
for  seduction  of  employee.  52  L.R.A. 
(N.S.)   89. 

Right  of  servant  to  notice  to  redeem  from 
tax  sale.     44  L.R.A. (N.S.)   676. 

Begin  uHth  this  hool:  on  every  law  question. 


MASTER  AND  SERVANT,  II.  a— cont'd 

\\  ho  may  or  must  be  admitted  to  hospital 
maintained  for  benefit  of  employees. 
L.11.A.1918D,  561. 

Right  of  labor  union  to  enforce  rules  as 
to  the  minimum  number  of  employees. 
L.R.A.1918C,  817. 

Contract  by  employer  to  protect  employee 
from  personal  violence  by  strikers. 
L.K.A.1918C,  929. 

Right  of  master  to  recover  penalty  for  im- 
proper performance  of  marriage  cere- 
mony.    L.R.A.1917E,  874. 

Sale  or  mortgage  of  crops  where  one  hired 
to  raise  them  is  entitled  to  a  sliare 
therein.     L.R.A.1917C,  33. 

§   3.  Occupation  of  master's   premises. 

Occupation  of  premises  as  a  servant  and  as 

a  tenant.     4  L.R.A.  (N.S.)    698. 
Right    to    remove    servant     from     premises 

after  termination  of  service.     41  L.R.A. 

(N.S.)    761. 
Duty  and  liability  of  master  as  to  goods  of 

servant    who    lives    on    the    premises. 

L.R,A.1918C,  900. 

§  4.  Duty  of  servant  to  obey  his  mas- 
ter's  orders. 

Master's    liability   for    injuries   received    in 

obeying   direct   command,   see    infra,    § 

70. 
Assumption    of    risk    by    servant    obeying 

orders,  see  infra,  §  117. 
Contributory  negligence  of  servant  obeying 

command,  see  infra,  §§  126,  127. 

Generally.     24   L.R.A. (N.S.)    814. 

Limits  of  the  duty  of  obedience.     24  L.R.A. 

(N.S.)    821. 
Duties   in  respect  of    the    character,    time, 
and  place  of  the  work.     24  L.R.A, 
■   (N.S.)    825. 

§   5.  Duration  of  employment. 

Time  for  which  contracts  of  employment 
may  be  made  on  behalf  of  corporation 
by  its  officers,  directors,  and  agents. 
49  L.R.A.  471;   17  L.R.A.  (N.S.)    177. 

Contracts  for  permanent  employment,  and 
similar  agreements.  35  L..R.A.  512 ;  50 
L.R.A. (N.S.)   453. 

Duration  of  contract  of  hiring  which  speci- 
fies no  term,  but  fixes  compensation  at 
a  certain  amount  per  day,  week,  montli, 
or  year.  25  L.R.A.  (N.S.)  529;  51 
L.R.A. (N.S.)  629. 

Presumption  from  continuing  in  employer's 
service  after  the  expiration  of  the  origi- 
nal term.     L.R.A.1918C,  706. 

§   6.  Ill  treatment  of  servant. 

Homicide  by  excessive  chastisement  of  serv- 
ant.    60  L.R.A.  804. 

Criminal  liability  of  master  for  ill-treat- 
•  ment  of.  or  neglect  of,  servant,  causing 
death.     61  L.R.A.  293. 

§    7.  Blacklisting, 

Blacklisting  employees.  63  L.R.A.  289;  4 
L.R.A. (N.S.)     1118;    L.R.A.1916C,    222. 

Injunction  against  blacklisting.  20  L.R.A. 
342;   4  L.R.A. (N.S.)    1121. 


INDEX  TO  L.R.A.  NOTES. 


877 


MASTER  AND  SEVANT,  II.  a— cont'd  i 

Action    on    the   case    for.     4    L.R.A.  (N.S.)  j 

1120.  I 

! 

§  8.  Agreement  not  to  engage  in  rival 
business. 

Validity  of,  see  infra,  §  16. 
Injunction    against    employee    engaging    in 
competitive   business,    see    Inju.nctiox, 

§   14.  i 

Entering  anotlier's  employment  as  breacli  of  '. 
covenant  not  to  engage  in  rival  busi-  ; 
ness.     20   L.R.A.  (X.S.)    769.  : 

Is    servant    bound    by    restrictive    provision 
against  conducting  rival  business  where  ^j 
he   is   wrongfully   discharged.      1   B.   R.  ji 
C.  502.  '  1 

§  9.  Enforcement  of  contract  of  em- 
ployment. 

Injunction  against  breach  of  contract,  see  ; 
Injunction,  §  7a. 

Enforcement  of  contract  of  service  by  courts 

of  equity.     6  L.R.A.(N.8.)    111.5.  ; 

Enforcement    in    equity    of    stipulations    by 

employees   not   to   perform  services  for  ; 

anv   otlier   persons   tlian   their  employ-  : 

ers.     0  L.R.A. (N.S.)    1130. 
Right    to    mandatory    injunction    to    compel 

specific    performance    of    contract    for 

services.     20   L.R.A.   167. 

h.  Statutes  affecting  relations. 

§    10.  Generally. 

Statutory    regulation    of    wages,    see    infra, 

§§  30,  31. 
Statutory  regulation  of  hours  of  labor,  see 

infra,  §  33. 
Constitutionality  of  statutes,  see  Constitu- 

TiONAi.  Law,  §§  62,  66. 

Constitutionality  of  various  laws  affecting 
relations  of  employers  and  employed. 
21   L.R.A.  798. 

Police  power  to  license  employment  agen- 
cies. 2  L.R.A. (N.S.)  S.i9:'  21  L.R.A. 
(N.S.)    263;   L.R.A.1916E,   11.30. 

Constitutionality  of  laws  prohibiting  carry- 
ing on  of  employments  or  occupations 
upon  certain  j)remises.  44  L.R.A. 
(N.S.)    46.  j 

Statutes  respecting  liealtli  of  place.  25  I 
L.R.A.  7r)9,  848;  32  L.R.A.  8.-)3.  | 

State  regulation   of  relations  between  rail-  ; 
road    companies   engaged    in    interstate  ' 
commtM'ce     and     their     employees.       1,) 
L.R.A.  (X.S.)      134:     29     L.R.A.  (N.S.) 
240;    52   L.R.A. (N.S.)    266. 

Power  of  legislature  to  compel  emi)loyer  to  ; 
pay    employee's     poll    tax.       9     L.R.A. 
(N.S.)   306! 

Power   of   ])ublic   to   determine   capacity   or 
suitableness  of   particular   employee   of  i 
private      corporation      or      corporation  I 
whose  business  is  affected  with   a  pub-  ' 
lie  interest.     L.R.A. 1915E,  708. 

Constitutionality  of  statute  requiring  pre- 
liminary apprenticeship  or  experience 
for  railroad  employees.  L.R,A.1915D, 
677.  ■  ■    "' 

Prohibiting  or  restricting  employment  of 
aliens.     L.R.A. 1916D,   569.  j 

Consult  also  L.R.A.  Digctits  of  Cases. 


MASTER  AND  SERVANT,  IL  b— cont'd 

Validity  of  statute  punishing  fraud  on  em- 
ployers and  declaring  what  shall  be 
prima  facie  evidence  of  fraudulent  in- 
tent.    L.R  A.1915C,  733. 

Constitutionality  of  statxite  restricting 
remedy  by  injunction  in  labor  disputes. 
L.R.A.1916F,   836.  '      ' 

Constitutionality  and  construction  of  stat- 
iite  requiring  mine  owiier  or  operator 
to  furnish  Avash  rooms  or  similar  con- 
veniences for  employees.  li.R.A.1915B, 
420. 

Constitutionality  of  statute  requiring  one 
advertising  for  help  during  strike  to 
mention  its  existence.  49  L.R.A. < N.S.) 
879.  . .     , 

§    11.  Afl'ecting  right  to  Contract.  i 

Statutory  restrictions  on  contracts  between.  • 
14     L.R.A.    325;     17     L.R.A.    853;     •2\ 
L.R.A.  798. 

Statutes  forbidding  or  regulating  contracts 
for  labor  of  children  or  woiueu.  21 
L.R.A.  797. 

Constitutionality  of  statutes  forbidding  eni- 
jdoyer  to  exact  agreement  from  em- 
ployee not  to  }oin  labor  union.  7 
L.R.A. (N.S.)    282:   L.R.A.1915C,  960. 

Constitutionality  of  statute  forbidding 
avoidance  of  lial)ility  to  ewiphiyee  or  re- 
duction of  his  damages  by  relief  or  in- 
demnity contract.  33  }>.R.A.<N.S.) 
706:    .38   L.R.A.  I  N.S.)    867. 

Constitutionality  of  statute  providing  for 
imj)risonment  for  breach  of  contract  df 
labor  or  rental.     21  L.R.A.(N.S,)    242. 

§  12.  As  to  em))ioyment  of  women  and 
chiUlren. 

Constitutionality  of  statutes  forbidding  or 
regulating  contracts  for  labor  of  wom- 
en.    21  L.R.A.  797. 

Constitutionality  of  legislation  limiting 
hours  of  labor  bv  women.  35  L.R.A. 
(X.S.)  628;  40  L.R.A.  (N.S.)  893;  51 
L.R.A.(X.S.)   301:   L.R.A.1915F,  829. 

Constitutionality  of  child  labor  laws.  21 
L.R.A.  797;  17  L.R.A.(N.S.)  602;  24 
L.R.A.  (^^S.)    121;  L.R.A.1915F,  829.,  j 

What  places  are  included  within  generic 
term  "business  establishment,"  "mer- 
cantile institution,"  etc.,  as  used  in 
statutes  relating  to  the  employment  of 
minors.     44  L.R.A. (N.S.)    1185.  i 

Constitutionality  of  Minimum  Wage  Law 
relating  to  private  employment.  L.R.A. 
?918F.  547. 

Private  action  for  violation  of  child  labor 
laws.  9  L.R.A.  (N.S.)  381;  L.R.A. 
1915F,  554. 

Employment  of  child  in  violation  of  stat- 
ute as  negligence  Avhich  will  sustain  an 
action  bv  the  child  for  per.sonal  in- 
juries. 7  L.R.A. (N.S.)  335;  1  B.  IL 
C.  629;  48  L.R.A.  (N.S.)   056.  ij 

c.  Products    of   servant^s   hibor    or    in- 
rention. 

§13.  Generally;    patented    inventions. 

Bights  of  employer  and   employee  with   re- 
spe<'t    to    things    produced    by    the 
\  labor   of   t!ie   employee.     5    L.R.A. 

(N.S.)    1154, 


878 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  II.  c— cont'd 

Right  of  principal  or  employer  to  earnings 
by  agent  or  servant  who  undertakes  ex- 
traneous work.      L.R.A.1916D,   782. 

Inventions  of  employees.  2 
L.R.A.  (N.S.)  1173;  5 
L.R.A.(N.S.)    1177. 

Eight  of  public  to  benefit  of  discoveries, 
inventions,  devices,  data,  etc.,  made  or 
prepared  by  employee.  L.R.A. 1917B, 
1183. 

Implication  from  government's  use  of  pat- 
ented invention  of  employee,  of  prom- 
ise to  pay  royalty.  44  L.R.A.  (N.Sl) 
337.  '     . 

§    14.  Literary  work. 

Respective  rights  of  master  and  servant  in 

intellectual  work.     51  L.R.A.  359. 
Rights  of  employer  and  employee  with  re- 
spect to  literary  or  pictorial  work 
of  employee.     1  B.  R.  C.  324. 
Literary    work    of    employees.      5    L.R.A. 
....  CN.S.)   1187, 


.&.  Validity  of  contract.. 

§   15.  Generally. 

As    to    length    of    employment,    see    supra, 

§  5. 
Under    provisions    of    statute,    see    supra, 

§  11. 
Master's  liability  for   injury  to  servant  as 

affected  by  contract,  see  infra,  §§   52, 

53. 
Measure  of  damages  for  employee's  breach 

of  contract  by  employee,  see  Damages, 
'  §  24. 
Measure  of  damages  for  master's  breach  of 

contract  of  employment,  see  Damages, 
^  §§  25,  25a. 

Mutuality  of  contract  of  employment  which, 
by  its  terms,  is  binding  upon  only  one 
of  the  parties  for  the  time  designated. 
20  L.R.A.(N.S.)    §99. 

V^alidity  of  agreement  at  common  law  by 
which  employer  seeks  to  direct  trade 
of  his  employees  to  other  parties.  24 
■L.R.A.(N.S.)*649. 

Effect  of  statute  of  frauds  on  parol  con- 
tracts of  employment  which  may  but 
are  not  intended  to  be  performed  with- 
in a  year.     15  L.R.A. (N.S.)   321. 

Constitutional  objections  to  convict  labor 
contracts.     L.R.A.1916D,   660. 

Validity  under  the  Federal  employers'  lia- 
bility act  of  contract  requiring  notice 
in  writing.    L.R.A.1915F,  551. 

Validity  of  contract  of  employment  in- 
definite and  uncertain  as  to  kind  of 
employment  or  amount  of  remunera- 
tion. '48  L.R.A. (N.S.)    435. 

Validity  of  contract  to  employ  union  labor 
only.    45  L.R.A. (N.S.)   564. 


INIASTER  AND  SERVANT,  II.— cont'd 
e.  Authority   of  employee. 

§    17.  Generally. 

Authority  of  agent  generally,  see  Princi- 
pal AND  Agent,  IV. 

Implied  or  apparant  authority  of  employee 
to  bind  principal  for  board  or  traveling 
expenses.     L.R.A.1916B,  754. 

Implied  or  presumed  authority  of  superin- 
tendent of  department  to  contract  as 
to  matters  relating  to  his  department. 
38  L.R.A.  (N.S.)    1135. 

Inference  of  employee's  authority  to  expel 
trespassers  from  practice  of  doing  so. 
34  L.R.A. (N.S.)   693. 

Authority  of  child  to  bind  parent  by  con- 
tracts other  than  those  for  necessaries 
as  implied  from  child's  employment  bv 
father.     39  L.R.A. (N.S.)    882.* 

Right  of  conductor  to  waive  conditions  in 
stock  drover's  pass.  27  L.R.A.  (N.S.) 
646. 

Authority  of  superintendent  to  contract  for 
payment  of  employees  while  laid  off. 
41-L.R.A.(N.S.)    1141. 

Authority  of  employee  to  entrust  manage- 
ment of  vehicle  of  which  he  had  -charge 
to  another,  so  as  to  render  the  master 
liable  for  the  latter's  negligence.  6 
B.  R.  C.  705. 

§    18.  To  employ  physician. 

Authority  of  agent  or  other ^  representative 
of  railroad  company  to  e'mploy  medical 
services  for  injured  person.  20  L.R.A. 
695;  16  L.R.A.(N.S.)   1081. 

§    18a.  — for   injured   employee. 

Authority  of  agent  or  representative  to  em- 
ploy medical  services  for  employee,  20 
L.R.A.  G95. 

Implied  power  of  employee  to  employ  physi- 
cian to  attend  injured  employee.  34 
L.R.A.(N.S.)  351;L.R.A.1915C",  809. 

Liability  of  master  for  medical  attendance 
engaged  by  employee  who,  by  the  con- 
tract of  employment,  was  entitled  to 
such  attendance.     37  L.R.A. (N.S.)   757. 

/.  When  relation  exists. 

§    19.  Generally. 

Liability  for  injury  to  servant  while  not  at 
work,  see  infra,  §  61. 

Payment  of  wages  as  test  of  existence  of 
relation.     37  L.R.A.  38. 

Servant  sharing  in  profits  as  a  partner.  18 
L.R.A.(N.S.)   1032;  L.R.A.1918F,  801. 

Firemen  as  servants  or  agents  of  owner  of 
burning  property.  39  L.R.A.  (N.S.) 
237. 

May  one  in  charge  of  a  vehicle  under  a 
contract  purporting  to  be  a  bailment 
or  a  lease  be  regarded  as  a  servant  of 
the  owner  as  to  a  third  person  injured 
by  the  vehicle.     6  L.R.A. (N.S.)   544. 

§    16.  Not     to     engage     in     competitive     §   20.  Which  of  two  or  more  persons  Is 
business.  master  of  tliird. 

.*-iee  Contracts.  §§  109,  118.  Generally.     37  L.R.A.  33. 

Begin  uHtli  this  hook  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


879 


MASTER  AND  SERVANT,  II.  f— cont'd 
Tests   of   the    existence   of    the    relation    of 
master  and  servant.     37  L.R.A.  38. 
Effect  of  plaintiff's  ignorance  of  actual  con- 
ditions.    37  L.R.A.  45. 
Liability  for  acts  of  servants  regularly  act- 
ing for  dissociated  employers  in  differ- 
ent capacities.     37  L.R.A.  47. 
Relationship   where   servants   are   hired   by 
one  in  the  emplovment  of  another. 
37  L.R.A.  48. 
Whose  servants  are  the  crew  of  a  chartered 

vessel.     37  L.R.A.  .54. 
Position  of  servants  of  raih'oad  companies 
which  are  using  the  same  premises. 
37  L.R.A.  59. 
Position  of  servants  working  for  connecting 

carriers.     37  L.R.A.  64. 
Relation   between   a  lessor  or   licensor  and 
the   servants   of  the   lessee  or  licensee. 
37  L.R.A.  G5. 
Position  of  servants  delivering  or  receiving 
goods   elsewhere   than   at   the    em- 
ployer's    place     of     business,       37 
L.R.A.  06. 
Position  of   servants   working  on   the  same 

trains.      37   L.R.A.   68. 
Position   of   servants   delegated   to   perform 
work  contracted  for  bv  their  mas- 
ter. .  37  L.R.A.  69. 
Constructive  service  as  predicated  from  the 
necessity  of  discharging  special  ob- 
ligations to  the  public.     37  L.R.A. 
81. 
Position  of  servants  operating  railroads  for 
receivers    and    trustees    for    mortgage 
bondholders.     37  L.R.A.  85. 

§  21.  For  purpose  of  holding  master 
lij'ble  for,  servant's  acts. 

Liability  of  railroad  company  for  acts  of 
Pullman  car  employees,  see  Carbiebs, 
§  97. 

Actions  by  third  persons  for  injuries  due 
to  negligence  of  servants  hired  by  in- 
dependent contractor.     37  L.R.A.  50. 

Liability  for  acts  of  servants  regularly  act- 
ing for  dissociated  employers  in  differ- 
ent capacities.     37   L.R.A.  47. 

Liability  of  general  employer  for  negligence 
of  employee  while  assisting  a  third  per- 
son without  the  former's  knowledge  or 
consent.     4  L.R.A.  (N.S.)   051. 

Who  is  responsible  for  acts  of  driver  fur- 
nished with  a  hired  vehicle.  13  L.R.A. 
(N.S.)  ]]22;  16  L.R.A. (N.S.)  816;  25 
L.R.A.(N.S.)  33;  38  L.R.A. (N.S.)  973; 
L.R.A.1918E,  121. 

Liability  of  hirer  of  team  for  damage  to 
team  or  wagon  by  negligence  of  driver 
in  general  employ  of  owner.  L.R.A. 
1916F,  1039. 

Liability  of  employer  for  negligence  of  one 
to  whom  servant  intrusted  management 
of  vehicle  of  which  he  had  charge.  6 
B.  R.  C.  705. 

Liability  of  one  undertaking  to  give  in- 
struction in  driving  automobile  for  neg- 
ligent operation  during  instruction  as 
affected  by  question  whether  person  in 
charge  of  the  car  was  acting  as  the 
agent  of  the  one  sought  to  be  charged. 
L.R.A. 1917A,  397. 

Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  II.  f— cont'd 

Liability  of  automobile  owner  for  negligence 
of  cliaulieur  furnished  by  third  person. 
39  L.R.A. (N.S.)  933;  48  L.R.A.(N.S.) 
424. 

Who  is  responsible  for  negligence  of  chauf- 
Teur  operating  a  leased  or  demonstrat- 
ing car.  40  L.R.A.(N.S.)  457;  44 
L.R.A.(N.S.)  113;  51  L.R.A.(N.S.) 
1164. 

Liability  of  owner  of  automobile  for  injury 
by  car  while  being  run  by  one  to  whom 
it  has  been  entrusted  for  storage  or 
repairs.  51  L.R.A.(N.S.)  772;  L.R.A. 
1916B,  762. 

Making  prima  facie  case  of  responsibility 
for  negligence  of  driver  of  automobile 
by  proof  of  defendant's  ownership  of 
car  or  employment  of  driver.  46 
L.R.A.  (N.S.)    1091;    L.R.A.1918D,   924. 

Liability  of  joint  employers  for  torts  of  thu 
employee.     51  L.R.A.(N.S.)    866. 

Liability  of  joint  owners  of  automobile  or 
carriage  for  torts  of  common  servant. 
51  L.R.A.  (N.S.)    1116. 

May  one  in  charge  of  a  vehicle  under  a 
contract  purporting  to  be  a  bailment  Or 
lease  be  regarded  as  a  servant  of  the 
owner  as  to  a  third  person  injured  by 
the  vehicle.     6  L.R.A. (N.S.)   544. 

Liability  of  a  railroad  company  for  negli- 
gence of  one  of  its  employees  while  run- 
ning on  the  road  of  another  company 
subject  to  the  orders  of  thelatter's 
train  despatcher.    22  L.R.A. (N.S.)  323. 

The  liability  of  master  for  injury  to  proper- 
ty or  person  of  one  to  whom  he  owes 
no  contractual  duty,  by  acts  of  volun- 
teer whom  servant  permits  to  assist  in 
ferformanee  of  master's  service.  13 
i.R.A.(N.S.)  572;  45  L.R.A.(N.S.) 
382;    L.R.A.1916B,   630. 

Responsibility  of  general  employer  for  neg- 
ligence of  employee  in  operating  eleva- 
tor for  convenience  of  workmen  not  in 
former's  employ.     L.R.A.1917E,  964. 

§  22.  — servant  employed  as"  detective, 
policeman,  etc. 

Liability  of  private  person  or  corporation 
for  acts  of  special  police  officer  ap- 
pointed by  public  authority.  23  L.R.A. 
(N.S.)  289;  30  L.R.A.(N.S.)  481:  39 
L.R.A.(N.S.)  122;  43  L.R.A.(N.S.) 
1164;  L.R.A.1915C,  1183. 

Liability  of  master  for  arrest  or  false  im- 
prisonment by  servant  employed  as  de- 
tective, policeman,  or  watchman.  4 
L.R.A.(N.S.)  282;  28  L.R.A.(N.S.)  88; 
L.R.A.1916F,  1249. 

§  23.  For  purpose  of  fixing  master's 
liability  to  servant. 

Who  are  volunteers,  see  infra,  §  108. 

Applicability  of  master  and  servant  doc- 
trines to  case  of  injured  actor.  37 
L.R.A.(N.S.)   514. 

Liability  of  master  for  injury  to  an 
emergency  assistant.  40  L.R.A. (N.S.) 
1180.   , 


880 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  II.  f— cont'd 
Liability  of  master  for  injuries  to  servant 

while'  riding    on    a    pass.      50    L.R.A. 

(N.S.)    706. 


g.  Wages;   compensation. 

§   24.  Generally. 

Right  to  recover  wages  for  contract  period 
subsequent  to  discharge,  see  infra, 
§  43a. 

Garnishment  of,  see  Garnishment,  §  10a. 

Lien  of  laborers  for,  see  Mechanics'  Liens. 

Priority  of  claim  for,  see  Priority,  §  2. 

Of  seamen,  see  Seamen,  §  2. 

Payment  of  wages  as  test  of  existence  of  re- 
lation of  master  and  servant.  37 
L.R.A.  38. 

Presumption  from  continuing  in  employer's 
service  after  the  expiration  of  the  orig- 
inal term.     L.R.A.1918C,   706. 

Contract  which  fixes  compensation  at  a  cer- 
tain amount  per  unit  of  work  done  as 
entire  or  severable.  20  L.R.A.  (N.S.) 
1069. 

Language  used  by  owner  or  other  person 
interested  in  construction  of  building 
importing  a  promise  to  pay  an  em- 
ployee of  contractor  as  a  promise  to 
answer  for  the  debt  or  default  of  an- 
other.    5  B.  R.  C.  96. 

Evidence  of  value  of  services  or  of  cus- 
tomary compensation  on  question  as  to 
amount  agreed  upon.  L.R.A. 1915C, 
1208. 

Dutv  of  labor  union  to  notify  employer  of 
'change  of  scale.     L.R.A.lftlSE,  1006. 

Right  of  master  to  withhold  wages  of  serv- 
ant for  failure  to  record  his  time.  45 
L.R.A.{N.S.)    644. 

Effect  of  fact  that  servant  is  entitled  to 
commissions  out  of  fund  on  his  prose- 
cution for  embezzlement  in  case  he  re- 
tains the  whole  fund.  13  L.R.A. (N.S.) 
511. 

Rights  of  employer  in  earnings  of  employee. 
5   L.R.A. (N.S.)    1155. 

Effect  of  discharge  in  bankruptcy  on  claim 
for  services  procured  by  bankrupt's 
fraud.    34  L.R.A. (N.S.)  894. 

Effect  of  receipt  of  wages  to  mitigate  dam- 
ages for  personal  injury.  07  L.R.A. 
89. 

Right  to  recover  for  liousehold  services  ren- 
dered while  parties  were  living  in  illicit 
relations.  29  L.R.A. (N.S.)  787;  L.R.A. 
1917B,  683. 

Admissibility  of  books  of  account  to  prove 
work  done  by  servant.    52  L.R.A.  70L 

§  2  5.  On  part  per  forma  nee  of  con- 
tract. 

Measure  of  damages  for  master's  breach  of 
contract,  see  Damages,  §§  25,  25a. 
» 

Right  to  w'ages  on  part  performance  of  con- 
tract.   24  L.R.A.  231. 

Wiiere  full  performance  is  prevented  by  im- 
prisonment of  servant.  L.R.A. 1917F, 
628. 

Begin  witJi  this  hooh'  on  cveim  law  question. 


MASTER  AND  SERVANT,  II.  g— cont'd 

Recovery  for  services  and  expenses  under  a 
running  contract  with  a  corporation 
ended  by  its  insolvency  and  dissolution. 
69  L.R.A.   124. 

Right  to  quantum  merviit  for  services  ren- 
dered under  parol  contract  unenforce- 
able because  not  to  be  performed  within 
a  year.     L.R.A.  1916D,  895. 

Recovery  by  employee  who  abandons  hi8 
contract  without  cause  or  justifica- 
tion.     L.R.A.1916E,    790. 

Rights  and  remedies  of  employee  discharged 
for  cause,  where  his  compensation  de- 
pended in  whole  or  in  part  upon  the 
amount  of  business  or  profits.  L.R.A. 
1915B,  1052. 

§   26.  — in  event  of  disability. 

Right  to  recover  for  services  interrupted  by 

sickness  or  death.     16  L.R.A.  858. 
Right   of   servant   to   compensation   in   case 
of    incomplete    performance   of   hi* 
contract    caused    by    physicaf   dis- 
ability.   28  L.R.A.  ('N.S.f  315. 
Employer's  agreement  to  pay  employee  dur- 
ing   disability,    or    his    contribution    to 
insurance,   as   affecting,  or  affected  Ijy, 
recovery   against  him   for  personal   in- 
jury.    L.R.A.1917B,  1160. 

§    2  7.  For  extra   work. 

Right  to  extra  compensation  in  excess  of 
time  limited  by  statute,     65  L.R.A.  46. 

Under  what  circumstances  is  a  servant  en- 
titled to  recover  renumeration  for 
extra  work.     30  L.R.A. (N.S.)   6.52. 

§28.  Assignment    of. 

Validity  of  assignment  of  wages  or  salary 
to  be  earned.    5  L.R.A.(^.S.)  565. 

Constitutionality  of  statute  restricting  right 
to  assign  salary  or  wages.  28  L.R.A. 
(N.S.)    1108;   43   L.R.A. (N.S.)    746. 

Effect  of  discharge  in  bankruptcy  upon  as- 
signment of  wages  to  be  earned  in  the 
future  under  contract  terminable  at 
will.  14  L.R.A. (N.S.)  1025  :  30  L.R.A. 
(N.S.)    375;   L.R.A.1916S:,  248. 

§2  9.  Liability  of,  for  debts. 

Equitable  remedy  to  subject  to  judgment, 
future  salary.     63  L.R.A.  704. 

Exemption  of  wages  from  levy  after  pay- 
ment by  employer.     i8  L.R.A.  586. 

Garnishment  of  unearned  salary.  20  L.R.A. 
(N.S.)    912. 

Law  governing  exemption  of,  from  garnish- 
ment.    67  L.R.A.  222. 

Injunction  against  repeated  garnishment  of 
exempt  wages.     10  L.R.A. (N.S.)  983. 

Right  to  enjoin  garnishment  of  wages  be- 
cause of  rule  of  employer  for  discharge 
of  employees  whose  wages  are  gar- 
nished.   6L.R.A.(N.S.)  401. 

§  3  0.  Statutory  or  municipal  regula- 
tions. 

Who  ar^  laborers  Avithin  meaning  of  stat- 
utes protecting  wages.     IS  L.R.A.  305. 


INDEX  TO  L.R.A.  NOTES. 


881 


MASTER  AND  SERVANT,  II.  g— cont'd 
Constitutionality  of  statute  regulating  con- 
tracts as  to.     14  L.R.A.  325;   17  L.R.A. 

853;  21   L.R.A.  78t). 
Legislative  power  to  regulate  rate  of  com- 
pensation   for    personal    services.      33 

L.R.A.  182. 
Validity    and    ellect    of    statutes    requiring 

wages  to  be  paid  in  lawful  money.     28 

L.R.A.  273. 
Constitutionality  of  statute  restricting  right 

to  assign  salary  or  wages.     28  L.R.A. 

(N.S.)    1108;    43  L.R.A.  (N. 8.)    746. 
Power  of  legislature  to  require  municipality 

to  pen-sion  emplovees.     34  L.R.A. (N.S.) 

608. 
I'ower  of  legislature  to  compel  employer  to 

pay    employiMi's    poll    tax.      9    L.R.A. 

(N.S.)  306. 

Validity   of  statute,  ordinance,  or  contract 

fixing   minimum   wage    for    person 

employed    upon    public    work.      51 

L.R.A. (N.S.)    686. 

Constitutionality  of  a  Minimum  Wage  Law, 

relal    ig  to  private  employment.   L.R.A. 

1918F,  547. 
Right   to   extra   compensation   in   excess   of 

time  limited  by  statute.     65  L.R.A.  46. 

§   31.  — 88  to  time  of  payment. 

Validity  and  eilect  of  statutes  regulating 
time  of  payment  of  wages.  21  L.R.A. 
797;  28  L.R.A.  344;  15  L.R.A. (N.S.) 
350;  27  L.R.A.  (N.S.)  255;  .35  L.R.A. 
(N.S.)    549;    51    L.R.A.(N.S.)    1097. 

State  8tatute.s  relating  to  time  of  payment 
of  wages  as  interference  with  inter- 
state commerce.  29  L.R.A.  (N.E.)  240; 
62  L.R.A. (N.S.)   268. 

ti.  Ho  urn  of  labor. 

§   32.  Generally. 

Servant's  duty  to  obey  master's  orders  as 
to  hours  of  labor.  24  L.R.A. (N.S.) 
831. 

What  employers  are  within  statute  limiting 
liours  of  labor.     42  L.R.A. (N.S.)    1031. 

§  33.  Limitation  of,  by  statute  or  ordi- 
nance. 

General     construction    and    application    of 

statute.      65    L.R.A.   33:    L.R.A.1915D, 

408;  L.R.A.1917A,  1202. 
Constitutionality  of  statute.  19  L.R.A.  141; 
21  L.R.A.  796;  65  L.R.A.  38;  12 
L.R.A.  (N.S.)  1130:  26  L.R.A. 
(N.S.)  242;  35  L.R.A.  (N.S.)  628; 
40  L.R.A.  (N.S.)  893;  51  L.R.A. 
(N.S.)    361;    L.R.A. 191 5F,   829. 

Limitation  of  hours  of  labor  on  public 
work.  8  L.R.A.  (N.S.)  131;  24 
L.R.A.(N.S.)  201;  34  L.R.A.(N.S.) 
767. 

Restrictions  on  hours  of  labor  of  chil- 
dren. 17  L.R.A.  (N.S.)  602;  24 
L.R.A.  (N.S.)   1121. 

Statute  limiting  hours  of  labor  by  rail- 
road employees  as  interfere'nce  with 
interstate    commerce.       29     L.R.A. 
(N.S.)    240;    52  L.R.A. (N.S.)    267. 
Statute  or  ordinance   requiring  commercial 

or  mercantile  establishments  to  close  at 

certain  hours.     L.R.A.1916A,  654. 
Consult  also  L.R.A.  Digests  of  Castas 


MASTER  AND  SERVANT,  II.  h— cont'd 

Right  to  extra  com])ensation  for  labor  in 
excess  of  limited  time.     65  L.R.A.  46. 

Criminal  liability  for  violation  of  statute. 
ar)  L.R.A.  50*. 

Cruel  and  unusual  punishment  for  viola- 
tion of  eight-hour  law.  L.R.A.1915C, 
570. 

Effect  of  servant's  own  violation  of  statute 
limiting  hours  of  labor.  45  L.R.A. 
(N.S.)   378. 

i.  Termination   of  relation;  discharge; 
enticing. 

1.  In   general. 

§   34.  Generally, 

Contracts  for  permanent  employment,  see 
supra,   §   5. 

Compensation    on    termination    of    contract 
before    limit    fixed   thereby,   see   supra, 
§§  25,  26. 
Rights  and  remedy  in  respect  to  relief  de- 
partment fund  upon  teimination  of 
employment.     L.R.A. 1916A.    1148. 
Constitutionality   of   statute   providing   for 
imprisonment  for  breach  of  contract  of 
labor.     21   L.R.A. (N.S.)    242. 

8   85.  Duty  to  continue  business. 

Cessation   of   master's   business.      6    L.R.A. 
•(N.S.)   808. 
I  Sale   of   master's    land    or    other    property. 
6  L.R.A. (N.S.)  810. 
Rule   in  the   case  of  agency  contrasted.     6 

L.R.A. (N.S.)    810. 
Effect  of  specific  stipulations   in  regard  to 
discontinuance    of    the    master's    busi- 
ness.    6  L.R.A. (N.S.)    811. 
Duty  to  see  that  the  conditions  of  the  serv- 
ice  undergo   no   material   changes. 
6  L.R.A.(N.S.)   812. 


§3  8.  Employer's  duty  to  provide  em- 
ployee  with    worli, 
Dutj'  of  employer  to  provide  employee  with 

work   during   the   stipulated   term. 

2  B.  R.  C.  758. 

§   3  7.  Death  of  party. 

Termination  of  contract  of  employment  b\' 
the  death  of  one  of  the  parties. 
23  L.R.A.  712;  5  L.R.A.  (N.S.) 
1002;  21  L.R.A. (N.S.)  914;  39 
L.R.A.  (N.S.)    1187. 

Right  to  recover  for  services  interrupted 
by  death.     16  L.R.A.  858. 

§   38.  Rescission;   dissatisfaction. 

Discharge  under  contract  of  employment 
which  requires  work  to  be  satisfactory. 
12  L.R.A.  (N.S.)  403;  23  L.R.A.  (N.S.) 
1003;  44  L.R.A.  (N.S.)  680;  L.R.A. 
1916F,  890. 

g   30.  Condonation. 

Condonation    of    servant's   breach    of    duty, 

8  L.R.A.(N.S.)  1004. 
Of   breacli    of   contract   of   employment.      6 
L.R.A.(N.S.)   77. 


56 


882 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  II.  i,  1— cont'd 
2.  Discharge. 

§   4  0.  Generally. 

Liability  for  inducing,  see  Case,  §  4. 
Measure  of  damages  for  wrongful  discharge, 
see  Damages,  §  25a. 

Constitutionality  of  statutes  restricting 
right  of  employer  to  discharge  em- 
ployee.    L.R.A.1917B,  1122. 

Necessity  of,  and  time  for,  acceptance  of 
resignation  by  employee  of  a  private 
employer.     L.R.A.1915D,  477. 

Right  to  discharge  employee  where  contract 
of  hiring  specifies  no  term,  but  fixes 
compensation  at  a  certain  amount  per 
day,  week,  month  or  year.  51  L.R.A. 
(N.S.)    629. 

Right  to  discharge  attorney  employed  for 
contingent  fee.     38  L.R.A. (N.S.)    389. 

Is  servant  bound  by  restrictive  provision 
against  conducting  rival  business, 
where  he  is  wrongfully  discharged. 
1  B.  R.  C.  502. 

Servant's  right  to  compensation  in  case  of 
incomplete  performance  of  his  contract 
or  dismissal  bj'  master  because  of 
phvslcal  disabiUtv.  28  L.R.A. (N.S.) 
338. 

Jurisdiction  and  powers  of  consul  with  re- 
spect to  discharge  of  seamen  abroad. 
45  L.R.A.  493. 

§   41.  Grounds   for  discharge. 

Rights  and  remedies  of  servant  discharged 
for  good  cause,  see  infra,  §  45. 

Grounds  or  justification  for  discharge  of 
one  emploved  in  executive  or  supervis- 
ory capacity-     L.R.A.1918C.  1030. 

Under  contract  of  employment  which  re- 
quires work  to  be  satisfactory.  12 
L.R.A.  (N.S.)  403;  23  L.R.A.  (N.S.) 
1003;  44  L.R.A.  (N.S.)  680;  L.R.A. 
1916F,  890. 

Justification  for  discharge  of  servant.  6 
L.R.A.(N.S.)    76. 

Breach  of  duty  by  servant  as  good  cause 
for  his  discharge.  5  L.R.A.  (N.S.) 
1176. 

Interest  in  or  connection  with  other  busi- 
ness   as.     34   L.R.A. (N.S.)    1217. 

Disobedience  of  regulations  as.  37  L,R.A. 
(N.S.)   950. 

Intoxication  as  justification  for  discharge. 
38   L.R.A.  (N.S.)    339. 

Justification  for  discharge  as  affecting  serv- 
ant's right  to  recover  wages  for  subse- 
quent period.     5  L.R.A. (N.S.)    456. 

§   42.  Remedy  for  wrongful  discharge. 

Remedy  for  wrongful  discharge.     5  L.R.A. 

760;*  24  L.R.A.  231. 
Right  to  Sv-rvice  reward  or  bonus,  of  servant 

discharged       without       caise       before 

stinulatc''   term  of  service.     44  L.R.A. 

(N.S.)   1214. 

§   43.  —action  for  damages. 

Measure  of  damages  for  wrongful  discharge, 
see  Damages,  §  25a 


Begin  toith  this  hooli  on  every  law  question. 


MASTER  AND  SERVANT,  II.  i,  2— cont'd 
Remedy   of   wrongfully    discharged    servant 
bv  action   for  damages  for  breach 
of  contract.    6  L.R.A.(N,S.)   50. 

§   43a.  — future  wages. 

Right  of  wrongfully  discharged  servant  to 
recover  wages  for  contract  period 
subsequent  to  discharge.  5  L.R.A. 
(N.S.)    439;   28  L.R.A.  (N.S.)    577. 

§  44.  —with  respect  to  services  ac- 
tually rendered. 

Remedy  of  wrongfully  discharged  servant 
with  respect  to  services  actually 
rendered.     5  L.R.A. (N.S.)  579, 

§  45.  Riiiht.s  and  remedies  of  servant 
discharged  for  good  cause. 

Early  rule  as  to  entire  contracts.  5  L.R.A. 
"(N.S.)    524. 

Exception  in  case  of  divisible  eontracts.  5 
L.R.A.  (N.S.)    525. 

The  modern  or  American  doctrine.  5  L.R.A. 
(N.S.)    527. 

Rights  with  reference  to  contract  period 
after   discliarge.      5    L.R.A.  (N.S.)    53 j. 

Where  compensation  depended  in  whole  or 
in  part  upon  tiie  amount  of  business 
or   profits.      L.R.A.1915B,    1052. 

§4  6.  Duty  to  recommend  or  give 
clearance  card  to  discharged  em- 
ployee. 

Duty  to  give  character.     62  L.R.A.  922. 

Dutv  to  give  clearance  card.  62  L.R.A. 
925. 

Constitutionality  of  statute  requiring  the 
employer  to  furnish  discharged  em- 
ployee with  a  statement  of  the  cause 
of  his  discharge.     L.R.A.1917B,  H15. 

3.  Enticing;  procuring  discharge. 

§   47.  Generally. 

Inducing  discharge  of  servant,  see  Case, 
§    4. 

Enticing  servant  to  quit,  see  Case,  §  5. 

As  to  labor  organization  generally,  see  Con- 
spiracy, §§  4-8;  Labok  Organization. 

Conspiracy  of  laborers,  see  Conspiracy,  §§ 
5-7. 

As  to  strikes,  see  Conspiracy,  §  6. 

Enticement  from  parent,  sje  Parent  and 
Child,  §  11. 

Election  of  remedy  for  enticing,  see  Elec- 
tion OF  Remeoiks,  §  9. 

III.  Duty  and  liability  of  master  to 
servant. 

a.  Nature  and  extent  of  master's  duty. 

1.  In  general. 

§   4  8.  Generally. 

Master's  liability  for  acts  of  fellow  serv- 
ants, see  infra,  §§  138,  155-162a. 

Delegation  of  master's  dutv  to  fellow  serv- 
ant, see  infra,  §§  163-169. 

Liability  for  injury  by  animals,  see  Ani- 
mals, §  15. 


INDEX  TO  L.R.A.  NOTES. 


883 


MASTER  AND  SERVANT,  III.  a,  1— cont'd 
Liability  for  injury  on  bridge,  see  Bridges, 

§  e: 

Iiiability  for  injury  by  electricity,  see  Elec- 
TUICITY,   §   15.' 

Liability  for  injury  by  elevator,  see  Eleva- 
tors, §  7. 

Liability  for  injury  to  servant  in  factory, 
see  Factokies,   §  2. 

Liability  for  injury  by  falling  object,  see 
Falling  Objects,  §  3. 

Liability  for  injury  to  servant  by  horae, 
see  Horses,  §  13. 

To  servants  in  mine,  see  Mines,  §§  40,  41. 

Municipal  liability  for  injuries  to  em- 
ployees, see  Municipal  Cobpokations, 
§   80. 

Liability  for  injury  to  seamen,  see  Seamen, 

§  3: 

Presumption  and  burden  of  proof  as  to 
master's  negligence,  see  Evidence,  §§ 
■    77,  78. 

Evidence  generally  as  to  master's  negligence, 
see  Evidence,  §  268. 

Insurance  against  employer's  liability,  see 
Insurance,  §§  212-217. 

Proximate  cause  of  injury  to  servant,  see 
Proximate  Cause,  §§  15,  16. 

Duty  and  liability  of  vessels  and  their  own- 
ers as  to  employees,  see  Shipping,  §§ 
10-lla. 

Question  for  jury  as  to,  see  Trial,  §  40. 

Instructions  as  to  master's  negligence,  see 
Trial,  §  65. 

Violation  of  Sunday  law  as  a  defense.  2 
L.R.A.  521;*  O'L.R.A.  321;*  36  L.R.A. 
(N.S.)  547. 

Liability  of  township  for  injury  to  em- 
ployee engaged  in  repairing  highway. 
41  L.R.A.  (N.S.)   1074. 

Liability  of  school  corporation  for  injury 
to  employee.     49  L.R.A. (N.S.)    1026. 

Personal  liability  of  corporate  officers  for 
injury  to  employee.     28  L.R.A.  427. 

Statutes  to  secure  health  and  safety  of  em- 
ployees. 25  L.R.A.  759,  848;  32  L.R.A. 
853'. 

Continuance  of  master's  liability  for  injury 
to  servant  after  transfer  of  business. 
45  L.R.A. (N.S.)    200. 

Duty  of  master,  in  absence  of  statute,  to 
furnish  place  for  eating  lunches.  44 
L.R.A.  (N.S.)    1102. 

Automobile  owner's  liability  for  injury  to 
servant.  46  L.R.A.  (N.S.)  1183;  L.R.A. 
1918E,  416. 

Duty  toward  employee  on  track,  to  main- 
tain lookout  on  railroad  train.  25 
L.R.A.  290. 

Duty  to  relieve  servant  who,  without  mas- 
ter's fault,  has  been  caught  in  a  dan- 
gerous situation.     7  L.R.A. (N.S.)    940. 

Overwork  of  servant  as  affecting  master's 
liability  for  injury  to  him.  13  L.R.A. 
(N.S.)'l214;  45  L.R.A.(N.S.)   372. 

Liability  of  master  for  injuries  to  servant 
from  fumes  arising  from  materials 
handled  by  him.     35  L.R.A. (N.S.)   679. 

Liability  of  master  for  the  intentional  kill- 
ing or  injury  of  a  servant  bv  a  third 
person.     L.R.A.ini7F,  753. 

Consult  also  L.R.A.  Digests  of  Cases. 


BLASTER  AND  SERVANT,  III.  a,  1— cont'd 

Ordinances  affecting  operation  of  railroads 
as  intended  for  benefit  of  employees. 
5  L.R.A.  (N.S.)    207. 

Injured  employee's  riglit  to  reach  fund  un- 
der employer's  liability  policy.  7  L.R.A, 
(N.S.)    958;  48  L.R.A'.  (N.S.)    191. 

Sufficiency  of  general  allegations  of  mas- 
ter's negligence.     59  L.R.A.  252. 

Pleading  particular  cause  of  injury  as 
waiver  of  right  to  rely  on  res  ipsa 
loquitwr.  24  L.R.A. (N.S.)  788;  L.R.A. 
1915F,  992. 

Applicability  of  maxim,  Res  ipsa  loquitur, 
as  between  master  and  servant.  6 
L.R.A.(N.S.)  337;  16  L.R.A. (N.S.)  214; 
L.R.A.1917E,  4,  212,  226,  239,  248. 

Right  of  employer  who  had  been  held  liable 
for  tort  upon  servant  or  contractor,  to 
recover  from  actual  wrongdoer.  40 
L.R.A.(N.S.)   1156. 

Evidence  as  to  condition  prior  and  subse- 
quent to  accident.  32  L.R.A. (N.S.) 
1086. 

Federal  courts  following  state  decisions  as 
to  relative  rights  and  duties  of.  40 
L.R.A. (N.S.)   438. 

Jurisdiction  of  admiralty  over  suit  against 
employer  for  injury  to  stevedore.  51 
L.R.A.  (N.S.)  1161. 

Liability  of  master  for  injury  to  servant, 
other  than  minor,  due  primarily  to  his 
physical  unfitness  for  the  work.  L.R.A. 
1915E,   369. 

§  4  9.  Concurrent  negligence  of  third 
person.- 

Concurrent  negligence  of  fellow  servant, 
see  infra,  §§  133,  134. 

In  case  of  contributing  agencies.  4  L.R.A. 
851;*  16  L.R.A.  819. 

Rule  when  dangerous  condition  is  due  to 
act  of  stranger.    41  L.R.A.  54. 

Joint  liability  of  master  and  person  in- 
stalling machine  to  employee  injured 
during  installation.  30  L.R.A. (N.S.) 
734. 

§   50.  Injury  to  minor  servant. 

Liability  fot  violation  of  statute  as  tia,  see 
infra,  §  55. 

Duty  to  warn  or  instruct  minor  servant, 
'see  infra,  §§  76-78. 

Assumption  of  risk  by  minor  employee,  see 
infra,  §  122. 

Contributory  negligence  of  minor  employee, 
see  infra,  §  124. 

Proximate  cause  of  injury  to  minor  em- 
ployee, see  Proximate' Cause,  §  16. 

Application  to  minors  of  Workmen's  Com- 
pensation Act.  L.R.A.1917D,  90;  L.R.A. 
1918F,  209. 

Duty  of  master  to  furnish  medical  aid  to. 
'28  L.R.A.  555. 

Minority  of  servant  as  evidence  or  negli- 
gence of  master  in  employing  him.  48 
L.R.A.  380. 

Liability  to  minor  volunteer.  22  L.R.A. 
664;   43  L.R.A. (N.S.)   187. 

Liability  of  master  for  injury  to  minor  by 
explosion  of  bottle  which  he  is  re- 
quired to  handle.     35  L.R.A. (N.S.)  239. 


884 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  III.  a,  1— cont'd 
Presumption    and    burden    of    proof    as    to 
capacity   of  minor   servant  to   conipr*' 
hend  and  avoid  danger.  29  L.R.A.(N.S.) 
487. 
"May    incompetence    of    minor    to    perform 
.  duties  of  particular  employment  be  in- 
ferred   from    his    minoritv    alone.      20 
L.R.A.{N.S.)   331. 
Master's  liability  for  injury  to  minor  serv- 
ant  who   secures   employment   by   mis- 
representing his  age.     20  L.R.A.  (N.S.) 
500;    25   L.R.A. (N.S.)    708;    42   L.R.A. 
(N.S.)   624;  L.R.A.1915F,  1082. 

§   51.  — parent's   right  of  recovery. 

Right  of  parent  to  recover  for  injury  to 
minor  servant  employed  without 
his  consent.     30  L.R.A.  (N.S.)   311. 

Right  of  parent  to  recover  from  employer 
for  personal  injurv  to  emancipated 
child.     L.R.A.1918B,'  408. 

Rights  of  parent  imder  workmen's  compen- 
sation act  wliere  minor  employee  is  in- 
jured. L.R.A.1916A,  224;  L.R.A.1917D, 
90. 

§   52.  As  aflfected  by  contract. 

Kmployer's  agreement  to  pay  employee  dur- 
ing disability,  or  his  contribution  to 
insurance,  as  aflfecting  or  affected  by 
recover}'  against  him  for  personal  in- 
juries.    L.R.A.1917B,  1160. 

Effect  of  contract  exempting  from  liabili- 
tv  to  servants  of  other  partv.  46  L.R.A. 
54. 

Validity  of  contract  exonerating  master  in 
advance  from  liability  for  negligent  in- 
juries to  servant.     7  L.R.A.  (N.S.)   537. 

Validity  of  stipulation  in  employee's  pass 
limiting  carrier's  liabilitv.  37  L.R.A. 
(N.S.)    250. 

Effect  of  character  of,  or  stipulations  in, 
contract  on  master's  duty  to  furnisli 
medical  aid  to  servant.  28  L.R.A.  553; 
4  L.R.A.  (N.S.)    55;    L.R.A.1915C,   792. 

Effect  of  Federal  employers'  liubilitj'  act 
pn  validity  of  contracts  exempting 
master  from  lial)ilitv.  47  L.R.A. (N.S.) 
50;   L.R.A.1915C,  53. 

Validity  imder  the  Federal  employers'  lia- 
bility act  of  contract  requiring  notice 
in  writing.     L.R.A. 1915F,  551. 

Right  to  contract  out  of  Workmen's  Com- 
}>ensation  Act.     L.R.A.1917D,  95. 

§  53.  —  as  to  option  to  accept  benefits 
from  relief  fund. 

Validity   of   provision    in   contract   of   rail- 
road   relief    department    for    forfeiture 
of  benefits  in  case  of  suit  against  com- 
pany   for    damages.      10    L.R.A. (N.S.) 
198. 
Contracts    requiring    servant    to    elect    be- 
tween acceptance  of  benefits  out  of 
a  relief  fund  and  a  prosecution  of 
his  claims,   in  an  action  for  dam- 
ages.     11    L.R.A  (N.S.)     182;     48 
L.R.A. (N.S.)  440. 
Begin  w^ith  tJiis  hooh-  on  ex^ery  Ian'  qnestion. 


MASTER  AND  SERVANT,  III.  a,  1— cont'd 
Validity  under  Federal  employers'  liability 
act   of   stipulations   as  to  effect  of   ac- 
ceptance of  benefits  for  injury  or  deatli 
under  contract  of  membership   in  rail- 
way    relief     department.       47     L.R..A. 
(N.S.)    50;   L.R.A.1915C,  53. 
Constitutionality  of  statute  forbidding  tlie 
avoidance   of    liability   to   employee   or 
reduction   of  his  damages  by   relief   or 
.  indemnity    contract.      33    L.R.A. (N.S.) 
706;   38  L.R.A. (N.S.)    867. 

§   54.  Violation   of  statute. 

Servant's    assumption    of    risk    of   master's 
breach    of    statutory    dutv.      6    I^.R.A. 
(N.S.)    981:    19   L.R.A. (N.S.)    646;    22 
L.R.A.  (N.S.)      634;      33     L.R.A.  (N.S.) 
647;  49  L.R.A.  (N.S.)   471. 
Employee's   right   of   action   for   employer's 
violation   of   statute   not  expressly 
conferring   right.     9   L.R.A. (N.S.) 
376;  L.R.A.1915E,  500. 
Effect  of  violation  of  hours  of  service  law 
on      liability      for     personal      injuries. 
L.R.A. 191.51),    424. 
Contributory  ni'gligcncc;  as  a  defense  to  an 
action  ba'^ed  on  the  breach  of  the 
master's  statutory  dutv.    49  L.R.A. 
(N.S.)  526. 
Where  statute  excludes   defense  of   as- 
sumed risk.     13  L.R.A.  (N.S.)   1152. 
Liability   of   master   for   injury   to   servant 
caused    by    elevators    uninclosed    a<    re- 
(Uiired    bv    statute    or    ordinanre.       l.> 
L.R.A.  (N'.S.)    784. 
Liability  of  street  railway  company  to  em- 
ployees for  failure  to  perform  statutory 
dutv  to  provide  vestibules  on  cars.     30 
L.R.A.  (N.S.)    428. 

§   55.  — toward   minor  employees. 

Constitutionality  of  child  labor  laws,  see 
supra,  §  12. 

Proximate  cause  of  injury  to  minor  serv- 
ant, see  Proximate  Cavse,  §  16. 

Applicability  of  Workmen's  Compensation 
Statutes  to  minors  emploved  in  viola- 
tion of  law.     L.R.A.1918F,'  209. 

Private  action  fwr  employer's  violation  of 
child  labor  laws.  9  L.R.A. (N.S.)  381; 
L.R.A.1915E,  554. 

Employment  in  violation  of  statute  as  sus- 
taining child's  action  for  negli- 
gence. 7  L.R.A. ( A. S.)  335;  1  R. 
R.  C.  629;  48  L.R.A. (N.S.)   656. 

Liability  of  master  for  injury  to  minor 
servant  who  procures  employment  by 
misrepresenting  his  age.  15  L.R.A. 
(N.S.)  443;  20  L.R.A. (N.S.)  500;  25 
L.R.A. (N.S.)    708;    L.R.A.1915F,    1082. 

May  one  employing  child  under  statutory 
age  rely  on  contributory  negligence  or 
assumption  of  risk,  to  defeat  liability 
for  personal  injuries  sustained  bv  lat- 
ter. 12  L.R.A;(N.S.)  401;  20  L.R.A. 
(N.S.)    876;  48  L.R.A. (N.S.)   667. 

Does  the  fact  that  a  minor  was  working  in 
violation  of  a  statute  forbidding  his 
employment  prevent  a  recovery  by  him 
for  personal  injuries.  48  L.R.A. (N.S.) 
675. 


INDEX  TO  L.R.A.  NOTES. 


880 


MASTER  AND  SERVANT,  III.  a.  1— cont'd 
§    5  6.  Eniplojer.s'    liability    acts. 

Safety  appliance  act,  see   infra.  §  96. 

Knowledge  as  element  of  master's  liability 

under.     41  L.R.A.  14.3. 
What  constitutes  a  defect  in  the  "ways"'  of 
a  railroad  company  within.     1!)  L.R.A. 
(N.S.)   738. 
Effect  of,  on  master's  duty  to  furnish  safe 
appliances    wiieii     prepared     l)v     fellow 
servants.     4   L.R.A. (N.S.)    22!i. 
Effect  of.  on  common-law  action.     12  L.R.A. 

(N.S.)    10;]8. 
Constitutionality,  application,  and  effect  of 
Federal    Employers'   Lial)ilitv   Act. 
47     L.R.A.  (N.S.  I     38;     48     L.R.A. 
(N.S.)    !)87;   L.R.A.H»15C,  47. 
Track  repairing  and  work  in  connection 
therewith  as   furthering   interstate 
commerce  witliin  tlie   Federal   Em- 
plovers'  Lial>ility  Act.     47   L.R.A. 
(N!S.)   55;  L.R.A.1915C,  62;  L.R.A. 
1918E,  859. 
Scaffolding,      ladders,     etc.     as     ways, 
works,     etc.     witiiin     meaning     of 
employers'    liability    acts.      L.R.A. 
1915F.  1036. 
Applicability  to  injuries  within  admir- 
alty     jurisdiction.        L.R.A.1918C, 
475. 
Applicability  of  Federal  Employers'  Liabil- 
ity   Act    or    state    employers'    liability 
acts  to  injuries   to  railroad   employees 
while    engaged    in    handling    interstate 
mail.     L.R.A. 1918D,  426. 
Power  of  state  court  to  enforce  right  under 
Federal    employers'    liability    act.      40 
L.R.A.  (N.S.)    684;  L.R.A.1918E,  917. 
Validity  under  the   '"ederal  employers'  lia- 
bility act  of  contract  re(|uiring  notice 
in  writing.     L.R.A.1915F,  551. 
Limitation     of    application     of     workmen's 
compensation    statute    by    Federal    em- 
plovers'     liability     act.       L.R.A. 1916A, 
46f;     L.R.A.1917D,     85;     L.R.A.1918C, 
450;    L.R.A.1918D,  426. 
Duty   under    Employers'    Liability   Acts    of 
owner  to  servants  of  contractor,  or  of 
principal  contractor  to  servants  of  sub- 
contractor, as  to  condition  of  place  or 
appliance.     L.R.A.1917D,  991. 
Burden   of  proving  contributory   negligence 

under.     33  L.R.A.  (N.S.)    1218. 
Injured     employee's    right    to    reach     fund 

under.  7  L.R.A. (N.S.)  958. 
Who  may  raise  question  that  employers* 
liability  law  involves  unconstitutional 
discrimination.  32  L.R.A. (N.S.)  958. 
Retroactive  effect  of  statutes  relative  to 
employers'  liability  for  injuries  to 
servants.     44  L.R.A.  (N.S.)   841. 

§   57.  — notice   of   injury    required    by. 

Sufficiency   of   notice   of   injury   under.     21 

L.R.A. (N.S.)   233. 
Service  by  mail  of  notice  required  by.     28 

L.R.A.  (N.S.)    238. 

§   5  7a.  Workmen's   compensation    acts. 

See  Workmen's  Compensation. 

§   58.  As  to  medical  assistance. 

Authority  of  servant  to  employ  for  injured 

servant,  see  supra,  §  18a. 
Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  III.  a,  I— cont'd 

Duty  to  furnish  medical  aid  to  servant.  28 
L.R.A.  546;  4  L.R.A. (N.S.)  49;  L.R.A. 
1915C,  789. 

Nondelegability  of  duty  to  furnish  proper 
medical  treatment  to  sick  or  injured 
servants.     54  L.R.A.  83. 

Right  of  servant  to  recover  for  master's 
delay  in  taking  him  to  hospital.  7 
L.R.A.  (N.S.)    997. 

Duty  and  obligation  of  vessel  on  inland 
lake  or  river  in  respect  of  sick  or  in- 
jured member  of  crew.  35  L.R.A. 
(N.S.)    199. 

§  59.  JLiability  for  negligence  of 
physician  employed. 

Authority  of  employee  to  employ  physician, 
see   supra,   §§   18,   18a. ~ 

Liability  of  master  contracting  to  provide 
medical  or  surgical  attendance  for  ser- 
vant.    L.R.A. 1915D,  884. 

Master's  liability  for  medical  attendance  en- 
gaged by  employee  who,  by  contract  of 
employment,  was  entitled'  to  such  at- 
tendance.    37  L.R.A. (N.S.)   757. 

Master's  liability  for  negligence  of  prac- 
titioner employed  to  attend  servant.  28 
L.R.A.  548;  4  L.R.A.  (N.S.)  66;  40 
L.R.A.  (N.S.)  486. 

Liability  for  negligence  of  attendants  fur- 
nished by  relief  department  toward 
which  employees  contribute.  17  L.R.A. 
(N.S.)  1167:  30  L.R.A. (N.S.)  1207; 
48  L.R.A.  (N.S.)   531 

§  60.  Liability  for  services  of  physi- 
cian. 

Power  of  employers  to  defray  the  medical 
expenses  of  their  injured  servants.  4 
L.R.A. (N.S.)    57;  L.R.A.1915C,  793. 

Liability  of  master  for  .services  of  physician 
whom  he  summons  to  care  for  employee. 
18  L.R.A.(N.S.)   174. 

§  61.  Injury  while  servant  not  at 
work. 

Injury  to  servant  on  master's  premises  be- 
fore, after,  or  between  hours  of  work. 
12  L.R.A.(N.S.)  853;  23  L.R.A. (N.S.) 
954. 

Effect  upon  master's  liability  for  breach  of 
statutory  duty  of  fact  that  employee 
was  resting  at  the  time  of  injury.  22 
L.R.A. (N.S.)  309;  49  L.R.A. (N.S.")  162. 

Liability  of  master  for  injury  to  servant 
who  had  left  his  working  place  and 
gone  to  another  portion  of  the  plant 
for  his  own  purposes.  12  L.R.A. (N.S. ) 
861;  23  L.R.A.(N.S.)  960;  L.R.A. 
1916F,  1227. 

Measure  of  duty  owing  to  servants  with  re- 
spect to  elevators  which  they  are  re- 
quired or  permitted  to  use  for  personal 
transportation.      18    L.R.A. (N.S.)    niL 

Liability  of  master  for  injuries  to  servant 
while  riding  on  a  pass.  50  L.R.A. 
(N.S.)    706. 

Employee  of  railroad  or  street  railway  a3 
a  passenger  while  being  carried  to  or 
from  work.  31  L.R.A.  321;  12  L.R.A. 
(N.S.)  853:  19  L.R.A. (N.S.)  717;  23 
L.R.A.{N.S.)  954. 


888 


INDEX  TO  L.R.A.  NOTES. 


:h£ASTER  AND  SERVANT,  III.  a,  1— cont'd 
§   61a.  Overwork  of  ser\ant. 

Overwork  of  servant  as  affecting  master's 
liability  for  injury  to  him  or  another 
servant.  13  L.R'.A.(N.S.)  1214;  45 
L.R.A.(N.S.)    372. 

§  62.  Duty  to  protect  servant  whose 
work  requires  exposure  to  cold. 

In  general.     70  L.R.A.  924. 
When  master  has  agreed  to  furnish  protec- 
tion.    70  L.R.A.  926. 
Care  after   injury.     70   L.R.A.   926. 

§   63.  Explosions. 

Applicability  of  res  ipsa  loquitur  in  case  of 
injury  to  servant  by  explosion.  L.R.A. 
1917E,  187. 

Liability  of  master  for  injuries  caused  by 
une.xploded  charge  left  after  a  blast. 
48  L.R.A.  (N.S.)    031. 

Liability  for  fellow  servant's  negligence 
causing.     29   L.R.A.   358. 

Negligence  of  co-servant  in  failing  to  pre- 
vent explosion.     54  L.R.A.  132. 

Master's  nonliability  for  co-servant's  neg- 
ligence as  to  inspection  incidental  to 
details  of  blasting  work.    54  L.R.A.  161. 

Nondelegability  of  duty  to  guard  against 
dangers  from  explosive  substances.  54 
L.R.A.  69,  77. 

Delegability  of  master's  duty  to  warn  serv- 
ants as  to  dangers  from  blasting.  26 
L.R.A. (N.S.)    640. 

Liability  of  master  for  injury  to  minor  by 
explosion  of  bottle  which  he  is  required 
to  handle.     35  L.R.A. (N.S.)    239. 

Injuries  to  servant  by  the  explosion  of  mol- 
ten metal  with  which  he  is  at  work. 
27  L.R.A. (N.S.)  953. 

Liability  of  master  for  injuries  due  to  the 
explosion  of  dynamite  by  lighting.  28 
L.R.A. (N.S.)    i260. 

Liability  for  injury  to  employee  from  ex- 
plosion of  chemicals.  L.R.A.1918B, 
863. 

Injury  to  railroad  employee  by  torpedoes  on 
track.     16  L.R.A.  (N.S.)   1084. 

§   64.  Notice  of  Injury. 

Under  employers'  liability  acts,  see  supra, 
§    57. 

Under  workmen's  compensation  acts.  L.R.A. 
1916A,  83,  244;  L.R.A.1917D,  135. 

Validity  under  the  Federal  employers'  lia- 
bility act  of  contract  requiring  notice 
in  writing.     L.R.A.1915F,  551. 

Constitutionality  of  requirement  of  notice 
of  injuries  as  condition  of  liability  for 
injury  to  servant.    15  L.R.A.(N.S.)  203. 

Applicability  of  rule  requiring  notice  of  in- 
juries as  condition  of  municipal  liabili- 
ty for  personal  injuries  on  street  or 
highway  in  case  of  injury  to  municipal 
employee.     28  L.R.A. (N.S.)    533. 

2.  Knoicledge    as    element    of   employ- 
er's liability. 

§   65.  Generally. 

Master's  duty  as  to  inspection  of  elevators 
furnished  .servant,  see  infra,  §  101. 


MASTER  AND  SERVANT.  III.  a— cont'd 
Generally.     41   L.R.A.  33. 
Actual  knowledge.     41  L.R.A.  39. 
Constructive  knowledge.    41  L.R.A.  43. 
Rule  when   the  dangerous   condition   is   due 
to  the  act  of  a  stranger  or  of  a  fellow 
servant,  or  to  the  operation  of  some  ab- 
normal physical  force.     41  L.R.A.  54. 
Imputed     knowledge     of    probable     future 

events.     41    L.R.A.    55. 
Duties  of  a  master  after  learning  of  a  dan- 
ger to  which  his  servant  is  exposed. 
41  L.R.A.  137. 
Knowledge  as  an  element  of  liability  under 

statute.     41   L.R.A.   143. 
Pleading.     41  L.R.A.  145. 
Burden  of  proof;   opinions  as  evidence.     41 

L.R.A.  149, 
Instructions.     41  L.R.A.  153. 

§   66.  As  to   places  and   appliances. 

Liability  of  automobile  owner  for  injury  to 
servant  from  defects  therein.  L.R.A. 
191SE,  416. 

Master's  constructive  knowledge  as  to  con- 
dition of,  as  element  of  liability.  41 
L.R.A.  45,  50. 

Circumstances  charging  an  employer  with 
•knowledge  of  the  condition  of  his 
instrumentalities.     41  L.R.A.  61. 

Master's  duty  after  learning  of  danger  to 
which  servant  is  exposed  tlirough  de- 
fects in  place  of  work,  machinery,  or 
appliances.     41  L.R.A.  139. 

Applicability  to  latent  defects  of  rule  im- 
puting to  master  notice  of  defects  in 
original  construction.  17  L.R.A. (N.S. ) 
104. 

Definiteness  of  complaint  to  employer  to 
charge  him  with  notice  of  defect  which 
caused  injury.     2  L.R.A. (N.S.)   469. 

§   6  7.  As  to  fellow  servants. 

Master's  constructive  knowledge  as  to  capac- 
ity of  servants  as  element  of   liability 
to  injured  servant.     41  L.R.A.  46,  53. 
Employer's  duty  to  know  the  character  and 
capacity  of  his  servants.    41  L.R.A. 
90. 
Master's  duty  after  learning  of  incompeten- 
cy of  fellow  servants.  '  41  L.R.A.  141. 

§   68.  Whose  knowledge  is  imputed   to 

employer. 
Whose  knowledge  is  imputed  to  the  employ- 
er.    41  L.R.A.  132. 


3.  Siiope   of  employment;   direct   com,- 
mand. 


§  69.  Injuries  in  performance  of 
duties  outside  scope  of  original 
employment. 

Generally.     48  L.R.A.  796. 

No  recovery  where  servant  undertakes  new 
functions  ex  propria  tnotu  and  with- 
out master's  acquiescence.  48  L.R.A. 
797. 


Begin  tcith  this  hook  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


887 


MASTER  AND  SERVANT,  III.  a,  3— cont'd 

When  negligence  is  predicated  of  a  com- 
mand to  do  work  outside  the  scope  of 
the  original  contract.    48  L.R.A.  798. 

Kisks  of  work  outside  scope  of  employment, 
when  deemed  to  be  assumed.  48  L.R.A. 
803. 

Doctrine  of  common  employment  qualified 
as  regards  servants  working  outside 
tlie  scope  of  their  employment.  48 
L.R.A.  805. 

Contributory  negligence  as  a  defense.  48 
L.R.A.  806. 

Absence  of  compulsion,  an  essential  ele- 
ment of  assumption  of  risks  and 
contributory  negligence.  48  L.R.A. 
808. 

§  70.  Injuries  received  in  obeying  a 
direct  command. 

Servant's  duty  to  obey  master's  orders,  see 
supra,  §  4. 

Assumption  of  risk  by  servant  obeying  or- 
ders, see  infra,  §  117. 

Contributory  negligence  of  servant  obeying 
command,  see  infra,  §§  126,  127. 

Servants'   right   of   action   for    injuries   re- 
ceived   in    obeying    a    direct    com- 
■    mand.     48  L.R".A.  753. 
Where  command  is  accompanied  by  as- 
surance of  safety.     48  L.R.A.  542; 
30  L.R.A.  (N.S.)   453. 
Effect  of  command   in  general.     30  L.R.A. 

(N.S.)    437. 
Duty  to  use  care  in  giving  orders  as  non- 
assignable duty  of  master.     51   L.R.A. 
543, 
Issuance  of  orders   by  superior  servant  as 
an  official  act.     51  L.R.A.  590. 

4.  As  to  rules  and  regulations  for  con- 
duct  of   business. 

§   71.  Generally. 

Disobedience  of  master's  rules  as  contribu- 
tory negligence,  see  infra,  §  125. 
Delegation  of  duties  as  to,  see  infra,  §  164. 

General  principles.     43  L.R.A.  306. 

Duty  of  master  to  adopt  rules  to  protect 
servant,  or  to  warn  him,  against  dan- 
gers not  reasonably  to  be  apprehended. 
21   L.R.A.  (N.S.)    89. 

Duty  of  master  to  make  rules  where  work 
is  of  simple  character.  46  L.R.A. 
(N.S.)    233. 

Limits  of  the  duty  to  promulgate  rules.  43 
L.R.A.  309. 

Habitual  practice  of  employees,  how  far  a 
legal  substitute  for  a  rule.  43  L.R.A. 
316. 

The  master's  duty  to  promulgate  his  rules. 
43  L.R.A.  318. 

The  master's  duty  to  enforce  his  rules.  43 
L.R.A.  319. 

No  recovery  by  servant  unless  omission  to 
promulgate  rules  was  proximate  cause 
of  the  injury,     43  L.R.A.  .320. 

Construction  and  meaning  of  rules.  43 
L.R.A.  322. 

Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  III.  a,  4— cont'd 

Relation  between  the  doctrine  of  common 
employment  and  the  duty  of  a  mas- 
ter to  promulgate  rules.  43  L.R.A. 
342. 

Responsibility  of  master  for  rules  or  general 
orders  promulgated  by  servant.  10 
L.R.A. (N.S.)   772, 

Failure  to  reduce  to  writing  orders  govern- 
ing the  running  of  trains  or  cars.  19 
L.R.A. (N.S.)   239. 

Negligence  of  fellow  servant  concurring 
witli  master's  failure  to  establish  or 
enforce  proper  rules  or  regulations  for 
conduct  of  business.  4  L.R.A. (N.S.) 
516. 

Superintending  employee's  violation  of  rules 
promulgated  by  master  as  negligence 
for  which  master  is  liable,  58  L,R.A. 
47. 

Right  of  third  person  to  complain  of  regu- 
lations concerning  conduct  of  employ- 
ees, etc,  by  which  he  is  injuriously  af- 
fected.    51  L,R.A.(N,S,)    17. 

S.  Duty  to  tvarn  or  instruct  servant. 

(a}  In  general. 

§    72.  Generally. 

Delegation  of  duty  as  to,  see  infra,  §  165. 

Generally.     44  L.R.A.  33. 

Conflict  of  laws  as  to.     56  L.R.A.  222. 

Duty  to  protect  or  warn  against  dangers  not 
seasonably  to  be  apprehended.  21 
L.R.A.  (N.S.)    89. 

Duty  of  master  as  to  instructing  and  warn- 
ing servant  unable  to  understand  Eng- 
lish.    23  T,.R.A.(N.S.)    296. 

Misunderstanding  order.  4  L.R.A,  (N,S.) 
407. 

Of  danger  of  electricity.     32  L.R.A.  352, 

Duty  to  instruct  servant  as  to  danger  in 
felling  trees.     2  L.R.A.  (N.S.)   840. 

Duty  to  give  warning  where  trees  are  being 
felled.     46  L.R.A. (N.S.)    86. 

Duty  to  warn  servant  engaged  in  blasting 
of  dangers  therefrom.  19  L.R.A. (N.S, ) 
997. 

Master's  duty  to  warn  of  danger  from  ex- 
plosion of  molten  metal  with  which 
servant  is  at  work,  27  L.R.A. (N.S.) 
953. 

Duty  of  master  to  warn  servant  of  danger 
from  automatic  movements  of  body, 
44   L.R.A,(N.S.)    779, 

Duty  to  warn  servant  in  respect  to  vicious- 
ness  of  animals.  3  L.R.A.  (N.S.)  209; 
L.R,A.1915B,  435. 

Duty  to  warn  trainmen  as  to  location  of 
cars  seen  ahead  on  spurs  near  track. 
47   L.R.A. (N.S.)    327. 

Master's  duty  to  warn  trainmen  of  <langer 
from  overhead  structures.  47  L.R.A. 
(N.S.)    480. 

Duty  of  railroad  company  to  warn  watch- 
man or  flagman  of  danger  from  pass- 
ing  trains.      48    L,R,A.(N.S.)     150, 

Right  of  employee  to  rely  on  statute  re- 
quiring signal  to  be  given  by  train  ap- 
proaching crossing.  40  L.R.A. (N.S. ) 
1105. 


888 


INDEX  TO  L.K.A.  NOTES. 


MASTER  AND  SERVANT,  III.  a,  5  (a)  — 
confd 

Master's  duty  to  warn  and  instruct  em- 
ployee's assistant.  43  L.R.A.  (N.S.) 
185. 

Liability  of  master  for  the  intentional  kill- 
ing or  injury  of  servant  by  third  per- 
son where,  with  knowledge  of  the  dan- 
ger, he  fails  to  warn  the  servant. 
L.R.A.1917F,  753. 

§  73.  As  affected  by  servant's  knowl- 
edge or  experience. 

Actual    knowledge   of  servant,   existence   of 
dutv    to    instruct    negatived    by.      44 
L.R.A.  40. 
Constructive  knowledge  of  servant  as  bear- 
ing upon   the  duty   of   the  master 
to  instruct  him.     44  L.R.A.   42. 
Experience   of   servant   as   a   special   factor 
bearing  upon  the  master's  duty  of 
instruction.     44  L.R.A.  57. 

§  7  4.  Duty  to  warn  against  transitory 
and  sporadic  dangers. 

Cases  involving  customary  methods  of  do- 
ing business  and  departures  from  such 
methods.    44  L.R.A.  77* 

Perils  due  to  transitory  changes  in  the  con- 
dition of  the  place  of  work.  44  L.R.A. 
79. 

Perils  due  to  the  recurrent  movements  of 
railway  cars  and  other  heavy  bodies. 
44  L.R'.A.  80. 

Duty  to  warn  as  to  dangers  of  transitory 
class  occasionally  supervening  during 
progress  of  work.     54  L.R.A.  100. 

Duty  to  give  warning  where  trees  are  being 
'felled.     46  L.R.A.(N.S.)    86. 

Duty  to  warn  servant  of  dangerous  con- 
dition of  earth  and  rock  left  after 
blasting.      48   L.R.A. (N.S.)    925. 

Duty  of  railroad  company  to  warn  track 
employees  of  approach  of  train  or 
car.     L.R.A.1916F,  555. 

§    7  5.  Sufficiency  of  warning. 

In  the  case  of  adults.     44  L.R.A.  81. 
As  to  sporadic  and  transitory  dangers.     44 
L.R.A.  86. 

(h)   Children. 

§    7  6.  Generally. 

What  knowledge  of  scientific  facts  is  im- 
puted to  minor  servants.    44  L.R.A.  77. 

Instructing  minor  who  is  of  insufficient  age 
or  capacity  to  comprehend  dangers  of 
employment  as  affecting  master's  re- 
sponsibility.    8  L.R.A. (N.S.)    284. 

Presumption  and  burden  of  proof  as  to  ca- 
pacity of  minor  servant  to  comprehend 
and  avoid  danger.  29  L.R.A. (N.S.) 
487. 

What  instruction  and  warning  to  minor 
servant  will  be  sufficient.    44  L.R.A.  84. 

§  7  7.  Minority  as  special  factor  bear- 
ing on  master's  duty  of  instruction. 

Oeneral  principles  stated.     44  L.R.A.  61. 

Minor  employees  usually  on  the  same  foot- 
ing as  adults,  after  proper  instruction 
has  been  given.     44  L.R.A.  65. 

Begin  viHth  this  booTc  on  every  law  question. 


MASTER  AND  SERVANT,  III.  a,  5  (b)  — 
cont'd 

Constructive  knowledge  of  dangers,  when  a 
bar  to  an  action  by  minor  servants. 
44  L.R.A.  66. 

Circumstances  to  be  considered  in  determin- 
ing whether  knowledge  of  a  danger  is 
to  be  imputed  to  a  minor.  44  L.R.A- 
67. 

Illustrative  cases  in  regard  to  the  construc- 
tive knowledge  of  minor  servants.  44 
L.R.A.  68. 

§  7  8.  Dangers  of  which  servant  is  al- 
ready aware. 

General  rule.     29  L.R.A.  (N.S.)   111. 

Particular  circumstances  excusing  warning. 
29  L.R.A. (N.S.)   113. 

Where  the  danger  is  patent  or  obvious.  29 
L.R.A.  (N.S.)    113. 

Obvious  dangers  not  appreciated  because  of 
vouth  and  inexperience.  29  L.R.A.  (N. 
S.)   115. 

Knowledge  without  appreciation  of  the  dan- 
ger.   29  L.R.A. (N.S.)   115. 

6.  Safety  as  to  place,   appliances,   and 
tools. 

(a)  In  general. 

§   7  9.  Generally. 

Violation  of  statutory  duties  as  to,  see  su- 
pra, §§  54,  55. 

Injury  by  explosion,  see  supra,  §  63. 

Knowledge  as  element  of  master's  liability 
as  to,  see  supra,  §  66. 

Duty  to  warn  or  instruct  servant  as  to,  see 
supra,  §§  72-78. 

Master's  duty  to  inspect,  see  infra,  §§  98- 
102. 

Liability  for  acts  of  coservants  in  respect 
to,  see  infra,  §§  155-162. 

Nondelegable  duties  of  master  as  to,  see 
infra,  §  166. 

Admissibility  of  opinion  evidence  as  to 
safety  of  place  or  appliance.  51  L.R.A. 
(N.S.)    565. 

Applicability  of  rule  res  ipsa  loquitur  in 
case  of  injury  by  defective  appliances, 
methods  of  work,'  etc.    L.R.A.1917E,  27. 

Application  of  res  ipsa  loquitur  in  case  of 
injury  to  servant  bv  breaking  of  rope, 
chain,  etc.     L.R.A.1917E,  239. 

Applicability,  as  between  master  and  serv- 
ant, of  maxim.  Res  ipsa  loquitur,  to 
fall  of  bridge.     28  L.R.A. (N.S.)   591. 

As  to  fire  escapes  on  building.  15  L.R.A 
160;   L.R.A.1917C,  1153. 

DiflFerent  forms  of  statement  of  the  general 
rule  with  respect  to  the  master's  duty 
as  to  places  and  appliances  furnished 
to  servant.     6  L.R.A. (N.S.)    602. 

Standard  of  master's  duty  with  respect  to 
selection  between  diflFerent  styles  or 
makes  of  appliances.  6  L.R.A. (N.S. ) 
492. 

Furnishing  for  servant's  use  article  in  gen- 
eral use  as  measure  of  master's  dutv. 
16  L.R.A.(N.S.)  128;  27  L.R.A.  ( N.S! ) 
181. 


INDEX  TO  L.R.A.  NOTES. 


889 


MASTER  AND  SERVANT,  III.  a,  6,  (a)  — 
cont'd 

Liability  of  master  for  injury  to  servant  in 
using  appliance  for  purpose  other  than 
that  for  which  it  was  primarily  intend- 
ed.    16  L.R.A.  (N.S.)    084. 

Master's  liability  for  injuries  sustained  by 
servant  from  falling  over  nail  or  bolt 
projecting  from  floor.  19  L.R.A. (N.S. ) 
242. 

Duty  and  liability  to  servant  in  respect  to 
animals  owned  or  used  by  master. 
L.R.A. 1915B,  433. 

Liability  of  master  to  servant  for  personal 
injury  by  wild  animal  or  animal  kept 
for  exhibition  purposes.  23  L.R.A. (N. 
S.)   1071. 

Liability  of  master  to  servant  for  failure  to 
provide  independent  contractor  with 
safe   appliances.     1   L.R.A. (N.S.)    283. 

Master's  constructive  knowledge  as  to  con- 
dition of  place  of  work  as  element  of 
liability  to  injured  servant.  41  L.R.A. 
45,  50. 

Master's  duty  to  servants  after  learning  of 
dangerous  condition  of  place  of  work. 
41  L.R.A.  139. 

Nonliability  for  negligent  use  of  safe  appli- 
ance by  fellow  servant.     54  L.R.A.  111. 

Duty  of  consignor  or  consignee  to  his 
employees  as  to  the  condition  of  cars, 
45  L.R.A.(N.S.)   707. 

Automobile  owner's  liability  for  injury  to 
operator  of  car.  46  L.R.A.  (N.S.) 
1183;  L.R.A.1918E,  417. 

Duty  of  master,  in  absence  of  statute,  to 
furnisli  place  for  eating  luncheon.  44 
L.R.A.  (N.S.)    1102. 

Liability  of  master  for  injuries  caused  by 
defective  conditions  or  appliances 
which  are  not  dangerous.  47  L.R.A. 
(N.S.)   1142. 

Liability  of  master  for  injury  to  employee's 
assistant.     43   L.R.A.  (N.S.)    181. 

la  ordinance  requiring  covering  of  side- 
walk where  building  is  in  process  of 
construction,  for  benefit  of  servants. 
45  L.R.A. (N.S.)    550. 

Duty  of  master  to  protect  servant  from 
material  rolling  down  hillside.  40 
L.R.A. (N.S.)   629. 

Duty  of  master  with  respect  to  premises  of 
stranger  onto  which  he  sends  his  serv- 
ant  to  work.     45   L.R.A. (N.S.)    271. 

Liability  of  master  for  dangerous  condition 
created  by  third  person  near  place  of 
work.     45   L.R.A. (N.S.)    295. 

Liability  of  manufacturer  to  servant  with 
respect  to  automobile  testing  track.  49 
L.R.A. (N.S.)   883. 

Duty  under  Employer's  Liability  Acts,  of 
owner  to  servants  of  contractor,  or  of 
principal  contractor  to  servants  of  sub- 
contractor, as  to  condition  of  place  or 
appliance.     L.R.A.1917D,  991. 

Sufliciency  of  general  allegations  of  negli- 
gence as  to  place  of  work.  59  L.R.A. 
253. 

Sufficiency  of  general  allegations  as  to  struc- 
ture  and    appliances.      59    L.R.A.    258. 

Comntlt  also  I..R  4..  Digest*'  of  Cases. 


MASTER  AND  SERVANT,  III.  a,  6,  (a)  — 

.  cont'd 
§   80.  Changing  conditions;  malting  re- 
pairs. 

In  general.  19  L.R.A. (N.S.)  340;  28  L.R.A. 
(N.S.)   1267.' 

Work  of  construction  or  demolition.  19 
L.R.A. (N.S.)    342. 

Excavations.      19   L.R.A. (N.S.)    350. 

Repair  work.     19  L.R.A. (N.S.)    362. 

Completed  working  place.  19  L.R.A. (N.S.) 
363. 

Illustrative  cases — obvious  risks.  19  L.R.A. 
(N.S.)   367. 

Applicability  of  rule  as  to  safe  place  where 
servants  are  engaged  in  the  work  of  re- 
moving dangerous  conditions.  25 
L.R.A.(N.S.)    321. 

Duty  of  master  in  respect  to  defective  ap- 
pliance which  servant  is  employed  to 
repair.     25  L.R.A. (N.S.)    331. 

Master's  nonliability  for  coservant's  negli- 
gence in  respect  of  dangers  arising 
from  changing  condition  of  building  or 
other  structures  while  in  course  of  erec- 
tion or  repair.     54  L.R.A.  139. 

Master's  nonliability  for  coservant's  negli- 
gence in  respect  to  dangers  incident  to 
demolition  of  buildings.    54  L.R.A.  140. 

Liability  of  master  for  injuries  due  to 
dangerous  condition  of  earth  and  rock 
left  after  blasting.  48  L.R.A.  (N^.) 
925. 

§81.  Tools. 

Duty  to  inspect,  see  infra,  §  100. 
Assumption   of   risk   from   use   of, defective 
tools,  see  infra,  §§  111-122. 

Master's   liability   for    injury   by   defect   in 

common   tools.      13   L.R.A. (N.S.)    668; 

40  L.R.A. (N.S.)    8.32;   51  L.R.A.(N.S.) 

337;  L.R.A.1918D,  1141. 
Liability  of  master  for  injuries  incident  to 

the  use  of  steel  tools  in  blasting.     27 

L.R.A. (N.S.)   982. 
Delegability  of  master's  dnty  to  instruct  or 

warn   servants   as  to  machinery,  tools, 

or  appliances.     26  L.R.A.  (N.S.)   629. 

§    82.  Flying  splinters. 

Liability  of  master  for  injuries  caused  by 
splinters  flying  from  hammers  or 
chisels,  punches,  and  other  similar 
tools.  13  L.R.A. (N.S.)  670:  30 
L.R.A. (N.S.)  800:  40  L.R.A. (N.S.) 
832;   51  L.R.A. (N.S.)    337. 

§   83.  Ladders. 

Nondelegable  duties  as  to  defective  ladders. 

54  L.R.A.  72. 
Liability  of  master  for  injury  to  servant  by 

defective  ladder  not  forming  part  of  a 

structure.      13    L.R.A. (N.S.)     687;    51 

L.R.A.(N.S.)    337. 
Ladders  as  ways,  works,  etc.  within  mcam- 

ing  of  employers'  liability  acts.     L.R.A, 

1915F,   1038. 

§   84.  Scaffolds. 

Nondelegable  duties  as  to  defects  in  scaf- 
folds, platforms,  etc.     54  L.R.A.  69,  77. 


890 


INDEX  TO  L.E.A.  NOTES. 


ifASTER  AND  SERVANT^,  III.  a.  6.  (a)  — 
cont'd 

Negligence  of  coservant  in  respect  to  prep- 
aration of  scaffolds,  staging,  etc.  54 
L.R.A.  142. 

Master's  liability  for  negligence  of  coserv- 
ant in  respect  to  defective  scaflFolds.  54 
L.R.A.   170. 

What  are  scaflFolds  or  structures  within 
statutes  relating  to  safety  of  scaffolds 
in  connection  with  structures.  30 
L.R.A.(N.S.)    30. 

Scaffolding,  etc.  as  ways,  works,  etc.  within 
meaning  of  emplovers'  liability  acts. 
L.R.A.1015F,  1036.' 

Duty  of  master  as  to  condition  of  scaffold 
constructed  by  employees,  to  an  em- 
ployee not  a  member  of  the  gang  for 
whose  use  the  scaffold  was  primarily 
constructed.     22   L.R.A.  (N.S.)  '  952. 

Applicability  as  between  master  and  serv- 
ant of  maxim.  Res  ipsa  loquitur,  to  fall 
of  scaffold.     28  L.R.A. (N.S.)   586. 

Employee's  right  of  action  for  employer's 
violation  of  building  laws  as  to  scaf- 
folds.    9  L.R.A.(N.S.)    376. 

§   85.  Elevators. 

Inspection  of.  see  infra,  §  101. 

Employee's  right  of  action  for  employer's 
violation  of  statute  as  to  guarding  ele- 
vators and  shafts.  15  L.R.A. (N.S.) 
784;  L.R.A.1915E,  541. 

jNIeasure  of  duty  owing  to  servants  with  re- 
spect to  elevators  which  they  are  re- 
quired or  permitted  to  use  for  person- 
al transportation.  18  L.R.A.  (N.S.) 
911. 

Master's  liability  for  injury  to  employee 
caused  by  defective  elevator  and  negli- 
gence of  fellow  servant.  2  L.R.A.  (N. 
S.)   647. 

§    86.  Electricity. 

Applicability  of  res  ipsa  loquitur  in  case  of 
injurv  to  servant  bv  electrical  appli- 
ances'.    L.R.A.1917E,'248. 

Liability  of  electric  company  to  employee 
for  injurv  caused  bv  electric  shock.  32 
L.R.A.  351. 

Liability  of  street  railway  company  for  in- 
jury to  employee  from  poles  placed  too 
near  track.     15  L.R.A. (N.S.)    1109. 

Injury  to  electric  lineman  through  defect 
in  pole  or  its  appurtenances.  21  L.R.A. 
(N.S.)   774;  26  L.R.A, (N.S.)   509. 

Who  are  fellow  servants  of  linemen.  30 
L.R.A.  (N.S.)  47. 

Nondelegability  of  duty  of  selecting  appli- 
ances, etc.,' for  linemen.  30  L.R.A. (N.S.) 
50. 

Employee  attempting  to  remove  wire  of  an- 
other company  interfering  with  his  em- 
ployer's line  as  a  volunteer.  31  L.R.A. 
(N.S.)    617. 

lUpster's  duty  to  linemen  and  other  em- 
ployees to  prevent  contact  of  wires  car- 
rying electric  current.  52  L.R.A. (N.S.) 
600. 

§  87.  Statutory  liability  for  defects  in 
condition   of  plant. 

Generally.     57   L.R.A.  817. 


^L\STER  AND  SERVANT,  III.  a,  6,  (a)  — 
cont'd 

Effect  of  these  statutory  provisions  as  to 
defects,  generally.     57  L.R.A.  818. 

Master  not  liable  unless  the  defect  alleged 
was  the  proximate  cause  of  the  injury. 
57  L.R.A.  818. 

Application  and  effect  of  Federal  employ- 
ers'   liability   act.      L.R.A.1915C,    55. 

What  covered  bv  the  terms  "ways." 
"works,"  etc.  '57  L.R.A.  819 ;  44  L.R.A. 
(N.S.)  1123;  47  L.R.A.  (N.S.)  51; 
L.R.A.1915F,  1036. 

Significance  of  the  qualifying  phrase,  "con- 
nected with  or  used  in  the  business 
of  the  employer."     57  L.R.A.  821. 

What  constitutes  a  defect.     57  L.R.A.  827. 

Specific  examples  of  defects.    57  L.R.A.  830. 

Conditions  not  amounting  to  defects.  57 
L.R.A.  832. 

Defective  system,  employer  liable  for.  57 
L.R.A.  '835. 

Not  discovered  or  remedied  owing  to  negli- 
gence, etc.     57  L.R.A.  836. 

Abnormal  conditions  resulting  from  the  use 
of  the  appliances  furnished  by  the  mas- 
ter, how  far  regarded  as  defects.  57 
L.R.A.  839. 

Defects  in  temporary  appliances  constructed 
by  the  servants  themselves,  not  deemed 
to  be  chargeable  to  the  employer,  57 
L.R.A.  841. 

(b)   Machinery. 

§    88.  Generally. 

What  instrumentalities  are  covered  by  the 
term  "machinery."     57   L.R.A.  82*1. 

Statutory  liability  for  defects  in  condition 
of  machinery!    57  L.R.A.  830. 

Master's  constructive  knowledge  as  to  con- 
dition of  machinery  and  apparatus  as 
element  of  liability  to  injured  servant. 
41  L.R.A.  46,  53. 

Master's  duty  to  servant  after  learning  of 
dangerous  condition  of  machinery  and 
appliances,    41  L.R.A.  139, 

Master's  liability  for  coservant's  negligence 
in  respect  to  defective  machinery,  64 
L.R,A,  172,  177, 

Nondelegable  duty  as  to  defects  in,  54 
L.R.A,  72,  80.' 

Delegability  of  master's  duty  to  warn  serv- 
ants of  danger  from  starting  of  machin- 
ery,   26  L,R,A.(N,S,)   647, 

Injuries  caused  by  defects  in  machinery 
while  used  for  a  purpose  not  contem- 
plated,    18  L,R,A,  124. 

Liability  of  master  where  machine  which 
fails  to  perform  the  service  for  which 
it  was  designed  is  supplemented  by  the 
work  of  an  employee.  30  L.R.A,  (N,S.) 
267. 

Presumption  of  negligence  of  master  from 
unexplained  starting  of  iiiachincry  in- 
juring servant.  1  L.R.A. (N.S.)  *298; 
44  L.R.A.  (N.S.)    1050. 

Sufficiency  of  general  allegations  as  to,  69 
L.R.A,  258, 


Begin  with  this  book  on  every  late  question. 


INDEX  TO  L.R.A.  NOTES. 


891 


MASTER  AND  SERVANT,  III.  a,  6  (b)  — 

cont'd 
§    89.   Injuries   from    projecting   screws 

in  moving'  machinery. 

Discussion  of  the  question  whether  the 
maintenance  of  a  set  .screw  imports 
negligence  at  common  law.  48  L.R.A. 
96. 

Liability  of  master  under  statutes.  48 
L.R.A.  97. 

Defenses  of  assumption  of  risks  and  contrib- 
utory negligence.     48  L.R.A.  98. 

§    90.  Guardin<>    macljinery. 

Common  practice  as  the  measure  of  master's 
duty  to  guard  machinery.  16  L.R.A. 
(N.k)  140. 

What  is  comprehended  in  expression  "ma- 
chinerj'  of  every  description,"  in  stat- 
utes imposing  dutv  on  master  as  to 
placing    guards.      30    L.R.A.  (N.S.)     36. 

Docs  statute  requiring  guarding  of  ma- 
chinery api)lv  to  portable  machines. 
45  L.R.A.  (N.8.)   687. 

Employee's  right  of  action  for  employer's 
violation  of  statutory  duty  as  to  guards 
about  machinery.  9*  L.R.A.  (N.S.)  381; 
L.R.A.1915E,   547. 

Duty  of  master  to  guard  against  employ- 
c;vs  hair  being  caught  in  machinery. 
27  L.R.A.  (N.S.)  972;  48  L.R.A.  (N.S.) 
834. 

Is  employer's  statutory  duty  to  guard  place 
or  machinery  owing  to  employees  of 
contractor.     36  L.R.A.  (N.S.)  269. 

Master's  duty  to  guard  machinery  as  a  dele- 
gable one.  54  L.R.A.  71;  17*L.R.A. 
(N.S.)    568. 

Master's  nonliability  for  coservant's  negli- 
gence in  displacing  guards  provided  for 
dangerous  machinery.     54   L.R.A.   137. 

Master's  liability  for  coservant's  negligence 
in  respect  to  uncovering  machinery.  54 
L.R.A.  170. 

Liability  of  master  where  statutory  guards 
on  machinery  have  been  removed  and 
not   replaced'     45   L.R.A.  (N.S.)    128. 

Applicability  of  statutes  requiring  machin- 
ery or  other  dangerous  appliances  or 
places  to  be  guarded  to  persons  who 
voluntarily  come  in  contact  therewith. 
44  L.R.A. (N.S.)    1061. 

(c)    In  mines. 

§   91.  Generally. 

Employee's  right  of  action  for  employer's 
violation  of  mining  acts.  9  L.R.A. (N. 
S.)    382;   L.R.A.1915E,  557. 

Evidence  as  to  conditions  before  and  after 
accident.     .32  L.R.A. (N.S.)    1095,  1108. 

§  91a.  Statutory  regulations  for  pro- 
tection of  Nvorkmen. 

Props.     25  L.R.A.  848. 

Cage  and  signals.     25  L.R.A.  849. 

Shafts  and  fences.     25  L.R.A.  850. 

Escape   and    ventilation   shafts.     25    L.R.A. 

850. 
Miscellaneous.    25  L.R.A.  852. 
Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  III.  a,  6— 
cont'd 

(d)    Railroad  and  street  railway  cases. 

§    92.  Generally. 

Liability  for  negligence  of  coservant,  see  in- 
fra, §  162a. 
Delegation  of  duties  as  to,  see  infra,  §  167. 

As  to  failure  to  fence  track.  25  L.R.A. 
320;  L.R.A.1916E,  207. 

Injury  to  railroad  employee  by  torpedoes  oh 
the  track.     16  L.R.A.  (N.S.)    1084. 

Liability  of  railroad  company  to  employees 
for  negligence  of  shippers  in  their  use 
of  instrumentalities  for  loading  and  un- 
loading cars.    24  L.R.A.  (N.S.)   1020. 

As  to  defective  track  ov/ned  by  another 
railroad  company  causing  injuries  to 
railroad  employee  in  line  of  duty.  22 
L.R.A.  283. 

Liability  of  railroad  lessee  or  licensee  to  its 
servants  for  condition  of  track.  6 
L.R.A.  (N.S.)   787. 

Liability  of  railroad  to  trainmen  injured 
by  overhead  structure.  47  L.R.A. 
(N.S.)   483. 

Liability  of  railroad  company  to  watchman 
or  flagman  for  injuries  caused  by 
passing  trains.  48  L.R.A. (N.S.) 
150. 

Liability  of  railroad  company  for  injuries 
to  employee  by  object  thrown  from 
train  bv  train  employee  in  course  of 
his  dut}".     52  L.R.A. (N.S.)   1117. 

Liability  of  railroad  company  to  employees 
for  injuries  caused  by  defects  in  road- 
bed caused  or  accompanied  bv  rainfall. 
49  L.R.A. (N.S.)    198. 

Liability  of  railroad  company  for  injuries 
to  servant  caused  by  leaving  material 
near  track  which  may  be  thrown  on  to 
track  by  outside  forces.  52  L.R.A. 
(N.S.)    1115. 

Duty  of  railroad  company  to  maintain 
safeguards  to  prevent  employees 
from  falling  off  or  through  bridges, 
culverts,  etc.  50  L.R.A.  (N.S.) 
548. 

Liability  to  servant  in  charge  of  a  train 
or  car  as  affected  by  his  duty  to  keep 
schedule  time.      L.R.A. 1916E,  268. 

Duty  to  keep  lookout  for  trackmen.  L.R.A. 
1916F,  564. 

Hand  car  as  a  car  within  meaning  of  stat- 
ute.    L.R.A.1915A,  817. 

Applicability  of  res  ipsa  loquitur  in  case 
of  injury  to  servant  by  derailment  of 
rolling  stock.     L.R.A.1917E,  212. 

§   93.  Condition   of  cars. 

Statutory  requirements  as  to  safety  ap- 
pliances, see  infra,  §  96. 

Duty  of  consignor  or  consignee  to  his  em- 
ployees, as  to  condition  of  car.  14 
L.R.A.  (N.S.)  972;  45  L.R.A.(N.S.) 
707. 

Liability  of  master  for  injuries  sustained 
by  servant  "in  taking  defective  car  or 
engine  to  a  shop  for  repairs.  25  L.R.A. 
(N.S.)    335. 


892 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  III.  a,  6  (d)  — 
cont'd 

Liability  of  railroad  company  to  employee 
for  injuries  caused  bv  defectively  load- 
ed car.  13  L.R.A.(N.S.)  384;  49  L.R.A. 
(N.S.)   1011. 

Liability  of  street  railway  company  for  in- 
jury to  employees  for  failure  to  per- 
form statutory  duty  to  provide  vesti- 
bules  for   cars.     30   L.R.A.(N.S.)    428. 

Validity  of  statutes  and  ordinances  for  pro- 
tection and  comfort  of  street  car  opera- 
tives.   42  L.R.A.IN.S.)   1060. 

Delegability  of  duty  as  to  method  of  load- 
ing cars.    54  L.R.A.  78. 

Nondelegable  duties  as  to  defective  cars. 
54  L.R.A.  71,  79. 

Hand  car  as  a  car  within  meaning  of  stat- 
ute.    L.R.A.1915A,  817. 

§   94.  Switches. 

Applicability  of  res  ipsa  loquitur  in  case  of 
injury  to  servant  from  defects  in  roll- 
ing stock.    L.R.A.1917E,  226. 

Sufficiency  of  rules  for  switching  of  cars. 
43  L.R.A.  339. 

Servant's  disobedience  of  rules  in  regard  to 
switching.     43   L.R.A.   365. 

Right  of  jury  to  pass  on  question  of  negli- 
gence in  use  of  switch  of  a  particular 
type  or  construction.  26  L.R.A. (N.S. ) 
600. 

Master's  liability  for  vice  principal's  neg- 
ligence in  manipulating.    54  L.R.A.  129. 

Master's  liability  for  negligence  of  coservant 
in  respect  to  defective  switches.  54 
L.R.A.  170. 

Duty  to  keep  switch  closed  as  a  delegable 
one.     17   L.R.A. (N.S.)    542. 

§   95.  —failure   to   block. 

Want  of  blocking  not  negligence  per  se 
apart  from  statute.  48  L.R.A.  68;  16 
L.R.A. (N.S.)   715. 

Statutes  requiring  frogs,  etc.,  to  be  blocked. 
48  L.R.A.  71;   16  L.R.A. (N.S.)    719. 

Employee's  right  of,  action  for  employer's 
violation  of  statute  as  to  blocking  frogs 
and   switches.     L.R.A.1915E,  537. 

Want  of  blocking  considered  as  a  risk  as- 
sumed by  the  servant.  48  L.R.A.  72; 
16  L.R.A.  (N.S.)  717. 

l^eaving  switch  unlocked  as  proximate  cause 
of  derailment  of  train  resulting  from 
the  throwing  of  the  switch  by  a  stran- 
ger.    11   L.R.A. (N.S.)    738. 

§   96.  Safety  appliance  acts. 

Duty  and  liability  under  Federal  and  state 
railway  safety  appliance  acts.  20 
L.R.A.(N.S.)  473;  41  L.R.A, (N.S.) 
49. 

Applicability  of  Federal  safety  appliance  act 
to  railroad  entirely  within  tlio  state 
and  without  traffic  arrangements  with 
other    roads.      15    L.R.A. (N.S.)     167. 

Is  terminal  railway  company,  in  moving  in- 
terstate traffic,  within  Federal  safety 
appliance  act.     22  L.R.A. (N.S.)  582. 

State  statute  as  to  safety  appliances  as  in- 
terference with  interstate  commerce. 
52  L.R.A.(N.S.)  269. 

Begin  tcUh  this  hooTc  on  every  law  question. 


MASTER  AND  SERVANT,  m.  a,  6  (d)  — 
cont'd 

Employee's  right  of  action  for  emploj'er's 
violation  of  statute  as  to  equipping 
rolling  stock  with  safety  hand  and 
footholds.     L.R.A.1915E,   537. 

§  9  7.  Poles  and  trees  near  street  car 
track. 

Liability  of  street  railway  company  for  in- 
jury to  employee  from  poles  placed  to» 
neaV  to  track.     15  L.R.A.  (N.S.)   1109. 

Liability  of  street  railway  company  operat- 
ing in  a  street  for  injury  to  employee  by 
a  tree  or  a  pole  maintained  by  tiiird 
person  near  the  track.  16  L.R.A.  ( N.S. ) 
978. 

(e)  Inspection. 

§   98.  Generally. 

Delegability  of  duty  as  to,  see  infra,  §  168. 

Servant's  disobedience  of  rules  prescribing 
for  inspection  of  appliances.  43  L.R.A. 
365. 

Imputing  to  master  coservant's  negligence 
in  respect  to  inspection.     54  L.R.A.  153. 

Nondelegability  of  duty  to  inspect  poles  for 
electric   w"iros.      30   L.R.A. (N.S.)    50. 

Master's  duty  to  inspect  as  affected  by  fact 
that  instrumentality  was  purchased 
from  responsible  dealer.  40  L.R.A. 
(N.S.)   1120. 

Right  of  master  to  rely  on  inspection  by 
public  aunthorities  of  places,  or  appli- 
ances.    15  L.R.A.  (X.S.)    S12. 

Duty  io  examine  condition  of  eartli  ami 
rocks  left  after  blasting.  48  L.R.A. 
(N.S.)    925. 

3   99.  Instrumentalities  generally. 

Duty  of  active  inspection  of  instrumental- 
ities when  first  used.  41  L.R.A. 
70. 

Duty  of  active  inspection  of  instrumental- 
ities while  in  use.     41  L.R.A.  74. 

Employer's  liability  qualified  by  the  serv- 
ant's duty  to  acquaint  himself  with 
his   environment.      41    L.R.A.    125. 

fur- 


implements 

1  L.R.A.  (N.S.) 


§    100.  Tools      and 
nislied  servant. 

Duty  of  master  to  inspect. 

944. 
Right  of  employee  to  assume  that  tools  are 

safe.     1  L.R.A.(N.S.)   950. 
Right  to  complain  of  failure  to  inspect  when 

safe    tools    are    available.       1     L.R.A. 

(N.S.)    952. 

§    101.  Elevators. 

Dutv  to  employees  as  to  inspection  of  eleva- 

'tors.     21  L.R.A.(N.S.)    592. 
Master's  right  to  rely  on  inspection  of  ele- 
vators by  public  authorities.    15  L.R.A. 
(N.S.)    812. 

§    102.  Materials. 

Master's    duty    to    inspect    materials.      70 

L.R.A.  831. 
Degree  of  care  required  in   inspection.     70 
L.R.A.  833. 


IXDEX  TO  L.R.A.  iNOTES. 


903 


MASTER  AND  SERVANT,  III.  a,  6  (e)  — 
cont'd 

Duty  of  master  to  inspect  junk  to  be 
'handled  bv  employees.  40  L.R.A.(N.S.) 
8<)0. 

Master's  rijjlit  to  relv  on  inspection  bv  pub- 
lic  authorities.  '  15   L.R.A.(N.S.)    812. 

(f)  Superintendence  and  siipervifiion. 

§    103.  Generally. 

Employer's    duty   as    to   the    supervision    of 

appliances  not  owned  by  him,  but 

used   bv   his   servants.      41    L.R.A. 

100. 

Duty  of  master  to  furnish  superintendence 

where    the    work    is    complicated    and 

dangerous.     29  L.R.A.  (N.S.)  481. 

7.  Selection,  employment,  and  reten- 
tion   of   fellow   servants. 

§    104.  Generally. 

Delegability  of  duty  as  to  employing  compe- 
tent fellow  servants,  see  infra,  §  169. 

General  principles.     48  L.R.A.  369. 

Probative  value  of  various  facts  as  tending 
to  show  culpabilitv  on  the  master's 
part.     48   L.R.A.  "378. 

Disobedience  of  orders  .as  incompetency 
within  the  rule  as  to  master's  duty  to 
furnish  competent  fellow  servants.  30 
L.R.A.  (N.S.)    109. 

Duty  of  master  to  servant  to  keep  informed 
as  to  fitness  of  coservants  in  his  em- 
ploy.    1  L.R.A. (N.S.)   288. 

Right  of  servant  to  rely  on  promise  of  mas- 
ter to  discharge  incompetent  or  care- 
less fellow  servant.  10  L.R.A. (N.S.) 
1043;   47  L.R.A. (N.S.)    1220. 

Sufficiency  of  general  allegations  of  negli- 
gence witli  relation  to  competent  and 
careful  fellow  servants.     59  L.R.A.  263. 

May  breach  of  duty  to  employ  or  i-etain 
none  but  competent  servants  be  inferred 
in  fact  from  their  incompetency.  20 
L.R.A.  (N.S.)    322. 

May  incompetency  of  minor  to  perform  du- 
ties of  a  particular  employment  be  in- 
ferred from  his  minority  alone.  20 
L.R.A. (N.S.)    331. 

Evidence  of  specific  instances  to  prove  char- 
acter of  servant.     14  L.R.A. (N.S.)   756. 

Evidence  of  specific  instances  to  prove  in- 
competency of  servant.  14  L.R.A. 
(N.S.)    760. 

Evidence  of  reputation  to  show  incompe- 
tency of  servant  or  master's  knowl- 
.  edge  thereof.    33  L.R.A. (N.S.)  751. 

§  105.  Liability  of  master  for  injuries 
caused  by  incompetency  of  fellow 
servant. 

Master's  knowledge  of  incompetency  as 
element  of  liability,  see  supra,  §  67. 

Presumption  and  burden  of  proof  as  to 
servant's   incompetency,   see   Evidence, 

§  78. 

Employment,  generally.     25  L.R.A.  710. 
Retention  in  employ.     25  L.R.A.  713. 
C:onsult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  III.  a,  7— cont'd 
Incompetency    through    use    of    liquor.      25 

L.R.A.   714:   40  L.R.A.  146;   47  L.R.A. 

(N.S.)    742. 
Pleading  incompetency.     25  L.RA.  715. 
Evidence.     25   L.R.A.   716. 
Master's  liability  for  injury  to  servants  in 

respect   to    failure   to   employ   suitable 

servants.     54  L.R.A.   172. 
Master's  liability  for  injury  to  servant  due 

to  unfitness  of  delinquent  fellow  ser^ 

ant.     54  L.R.A.  177. 
Assumption   of  risk  by   servant  of  dangers 

from   employment   of   incompetent    ser- 
vant.     L.R.A.1916F,    1212. 

§  106.  Employing  sufficient  number  of 
servants. 

Delegability  of  duty  as  to,  see  infra, 
§  169a. 

Duty  of  master  to  provide  sufficient  help. 
Y)4  L.R.A.  173,  178;  48  L.R.A.  392;  17 
L.R.A.(N.S.)  773;  40  L.R.A.(N.S.) 
913. 

Full  crew  acts.     49  L.R.A. (N.S.)   977'. 

S.  Liability  to  volunteer,  employee's  as- 
sistant, or  servants  of  third  persons. 

§    107.  Generally. 

Assumption  of  risk  by  volunteer,  see  infra, 
§  121. 

Liability  of  master  for  injury  to  voluntee  •. 
22  L.R.A.  664;  13  L.R.*A.  (N.S.)  561; 
10  L.R.A.(N.S.)  963;  43  L.R.A.(N.S.) 
187;   L.R.A.1915F,   1125. 

Duty  and  liability  of  owner  to  one  on  prem- 
ises for  purpose  of  seeing  his  em- 
ployees.    24   L.R.A. (N.S.)    497. 

Liability  of  master  for  injury  to  employee's 
'assistant.     43  L.R.A. (N.S.)    179. 

§    108.  Who  are  volunteers. 

Volunteer,  who  is.     16  L.R.A.  861. 

Employee  attempting  to  remove  wire  of 
another  company  interfering  with  his 
employer's  line,  as  a  volunteer.  31 
L.R.A.(N.S.)    617. 

§    108a.  Servants  of  third  persons. 

Liability  for  injury  to  servants  of  independ- 
ent contractor,  see  infra,  §  202. 

Liability  of  landlord  for  injury  to  employee 
of  tenant,  see  Landlord  and  Tenant, 
IV.  d,  4. 

Liability  of  railroadr  for  injuries  to  em- 
ployees of  another  company  using  the 
road  under  a  lease,  license,  or  other 
contract.     L.R.A.1918E,  264. 

Liability  for  injury  by  electric  shock  to  em- 
ployee of  another  company  while  on  de- 
fendant's pole,  where  pole  is  used  joint- 
ly.    45  L.R.A. (N.S.)   303. 

Liability  under  Federal  employer's  liabil- 
ity act  for  injury  to  employees  of  other 
companies.      L.R.A.1915C,    72. 

Responsibility  of  general  employer  for  neg- 
ligence of  employee  in  operating  eleva- 
tor for  convenience  of  workmen  not  in 
former's  employ.     L.R.A.1917E,  964. 


894 


INDEX  TO  L.R.A.  NOTES. 


MASTER    AND    SERVANT,    III.— cont'd 
b.  Assumption  of  risk. 

§    109,  Generally. 

Assumption  of  risk  of  changing  conditions, 
see  supra,  §  80. 

Risk  of  explosion,  see  Explosions  and  Ex- 
plosives, §  7. 

Conflict  of  laws  as  to.     50  L.R.A.  22L 

In  absence  of  contractual  relation.    3  L.R.A, 

(N.S.)    1097. 
Abrogation  of  defense  of  assumption  of  risk 

by  Federal  employers'  liability  act.     47 

L.R.A. (N.S.)    62;  L.R.A.1915C,  69. 
Abrogation    of    defense    of    assumption    of 

risk  by  Workmen's  Compensation  Act, 

L.R.A.1917D,  57. 
Effect  of  inference  of  assumption  of  risk  on 

applicability  of  rule  res  ipsa  loquitur. 

L.R.A.1917E,  52,  194,  209. 

S  110.  Relation  between  assumption 
of  risk  and  contributory  negli- 
gence. 

Distinction  between  assumption  of  risk  and 
contributory  negligence,  21  L.R.A. 
(N.S.)   138. 

Relation  between  defenses  of  assumption 
of  risks  and  contributory  negligence  in 
entering  or  remaining  in  employment. 
49  L.R.A,  49. 

§  111.  Various  risks  assumed  in  gen- 
eral. 

Assumption  of  risk  of  injury  due  to  ser- 
vant's phvsical  unfitness  for  the  work. 
L.R.A.19ir)E,   369. 

Assumption  of  risk  by  servant  of  dangers 
from  emplovnient  of  incompetent  ser- 
vant.    L.R.A.1916F,  1212. 

Assumption  of  risk  by  an  employee  of  dan- 
gers arising  from  a  change  of  appli- 
ance«.     L.R.A. 1916D,  1210. 

Assumption  of  danger  of  heat  prostration. 
L.R.A. 191.5E,  613. 

Of  danger  of  electric  shock.  32  L.R.A. 
.3.)3. 

From  projecting  screw  in  moving  machin- 
ery.   48  L.R.A.  98. 

Assumption  by  train  employee  of  risks  due 
to  defects  in  tracks  or  roadlied.  28 
L.R.A.(N.S.)  12.55:  49  L.R.A.  (N.S.) 
517, 

Assumption  of  risk  of  unblocked  switches, 
48  L.R.A.  72:   16  L.R.A.  (N.S.)    717. 

Assumption  of  risks  arising  from  failure  to 
fence  railroad  tracks.  L.R.A. 1916E, 
209. 

Assumption  by  trainman  of  risk  of  injury 
bv  overhead  structures.  47  L.R.A. 
(N.S.)    489. 

Assumption  of  risk  from  defectively  loaded 
car.     49  L.R.A. (N.S.)    1014. 

Assumption  of  risk  of  injury  from  defect 
in  simple  tool.  51  L.R.A.  (N.S.)  337; 
L.R.A.1918D,  1141. 

Servant's  assumption  of  risk  of  being  in- 
jured bv  dust  or  splinters  caused  by  the 
progress  of,  the  work.  25  L.R.A. (N.S.) 
.364. 


MASTER  AND  SERVANT,  III,  b— cont'd 

Servant's  assumption  of  risk  of  injury  by 
splinters  flying  off  hammers,  chisels, 
punches,  and  similar  tools.  30  L.R.A. 
(N.S.)    800. 

Assumption  of  risk  of  defective  ladder  not 
forming  part  of  structure.  13  L.R.A. 
(N.S.)    687. 

Assumption  of  risk  of  overstraining  muscles 
in  lifting  weights  under  immediate  di- 
rection of  master  or  vice  principal.  25 
L.R.A.  ( N.S. ),  362. 

Assumption  by  tenant's  employee  of  risk 
of  unsafe  portions  of  building  remain- 
ing in  landlord's  possession.  3  L.R.A. 
(N.S.)    1097. 

Assumption  of  risks  luuler  railway  safety 
appliance  acts.  20  L.R.A. (N.S.)  482; 
41   L.R.A. (N.S.)    57. 

Servant's  assumption  of  risk  in  respect  to 
animals  owned  or  used  bv  master. 
18  L.R.A.  (N.S.)  695;  L.R.A.1915B, 
435. 

Assumption  of  risk  by  servant  riding  in  au- 
tomobile. 46  L.R.A.  (N.S.)  1183;  L.R.A. 
1918E,  416. 

Servant's  assumption  of  risk  of  danger  from 
fall  of  piles  or  stacks  of  material.  47 
L.R.A.  (N.S.)    266. 

§  112.  Volenti  non  lit  injuria  as  a  de- 
fense. 

Meaning  and  efl'ect  of  the  maxim,  as  a  mat- 
ter of  verbal  construction,  47  L.R.A. 
162. 

Relation  of  tlie  maxim  to  tlie  doctrine  of 
a  contractual  assumption  of  risks.  47 
L.R.A.   163. 

Maxim  not  available  as  a  defense,  unless 
plaintiff's  knowledge  of  danger  is 
shown.     47   L.R.A.   164. 

Logical  significance  of  the  servant's  knowl- 
edge.    47,  L.R.A.  166. 

How  far  voluntary  action  may  be  inferred 
from  the  servant's  knowledge  of  a  risk, 
generally.     47  L.R.A,  170. 

Specific  circumstances  bearing  on  question 
whetlier  servant  was  volens.  47 
L.R.A.   172. 

Negligence  of  tlie  servants  of  a  person  other 
than  the  plaintiff's  employer  not  a 
risk  assumed.     47  L.R.A.  193. 

Relation  of  tlie  maxim  to  the  defense  of 
contributory  negligence.  47  L.R.A. 
198. 

Bearing  of  the  servant's  knowledge  upon  the 
question  whether  he  was  negligent.  47 
L.R.A.  200. 

§  113.  As  affected  by  servant's  .knowl- 
edge and  appreciation  of  danger; 
obvious  dangers:   latent  defects. 

Effect    of    assurance    of    safety,    see    infra, 

§   118. 
Effect  of  master's  promise  to  remove  specific 

cause  of  danger,  see  infra,  §§  119,  120, 

Dutv  of  servant  to  re'port  defects  -in  plant. 
57   L.R.A.  842. 

Servant's  assumption  of  risk  of  danger  im- 
perfectly appreciated.  4  L.R..\. (N.S.) 
990. 


Bef/in  with  tTiis  hoolt  on  everrf  law  question. 


INDEX  TO  L.R.A.  NOTES. 


895 


MASTER  AND  SERVANT,  III.  b— <'oiit'd 

Servant's  knowledge  as  element  of  defeiiso 
of  contributory  negligence  in  entering 
or  remaining  in  employment.  49  L.R.A. 
33. 

Assumption  of  obvious  risks  of  hazardous 
employment.      1    L.R.A.  (X.S.)    272. 

Assumption  of  risk  of  defective  tool,  ma- 
chine, or  appliance,  where  the  defect  is 
obvious,  but  its  importance  not  appreci- 
ated.    13  L.R.A. (N.S.)    G91. 

In  obeving  orders  to  perform  obviously 
dangerous   work.     4  L.R.A. (X.S.)    830. 

Attempting  dangerous  work  in  obedience 
to  orders  without  fullv  appreciating 
danger.     4  L.R.A. (N.S.)"  838. 

Effect  of  master's  assurance  as  to  obvious 
dar^gers  of  emplovment.  4  L.R.A. 
(N.S.)    971. 

Dangers  created  by  the  master's  negligence, 
which  might  have  been  discovered 
by  the  exercise  of  ordinary  care  on 
the  part  of  the  servant.  28  L.R.A, 
(N.S.)   1250. 

Right  of  railroad  engineer  to  proceed  with 
engine  after  learning  while  en  route 
that  engine  i.s  defective,  without  as- 
suming risk.    25  L.R.A.  (N.S.)   339. 

Serx'ant's  assumption  of  risk  from  latent 
danger  or  defect.     17  L.R.A. (N.S.)    76. 

Is  employee  "chargeable  with  knowledge  of 
danger  of  back  fire  from  furnace.  45 
L.R.A.  (N.S.)    658. 

When  knowledge  of  danger  of  low  bridge 
will  l)e  imputed  to  trainman  injured 
tliereby.      47    L.R.A.  (N.S.)    495. 

Dangers  arising  from  a  change  of  appli- 
ances.    L.R.A. 1916D,  1210. 

§    114.  Of  master's  neg-liseiice. 

May  servant  as.sumc  tlie  risk  of  dangers 
created  bv  the  master's  negligence. 
4  L.R.A.'(N.S.)  848:  28  L.R.A. 
(N.S.)  1215. 
Dangers  which  might  have  been  discov- 
ered by  exercise  of  ordinary  care 
on  servant's  part.  28  L.R.A. (N.S. ) 
1250. 

§  115.  or  ina.ster's  breach  of  statutory 
duty. 

In  general.     6  L.R.A.(N.S.)   981;   19  L.R.A. 

(N.S.)    646;    22  L.R.A. (N.S.)    634;    .33 

L.R.A.  (N.S.)      646:      42     L.R.A.  (N.S.) 

1229;  49  L.R.A. (N.S.)    472. 
Risk    not    assumed.      6    L.R.A. (N.S.)     983; 

33  L.R.A.  (N.S.)    647:   42  L.R.A.  (N.S.) 

1229;   49  L.R.A.  (N.S.)   472. 
Special     statutory     provisions.       6     L.R.A. 

(N.S.)    985;    33   L.R.A. (N.S.)    648;    42 

L.R.A.(N.S.)    1231. 
Risk     mav     be    assumed.       6    L.R.A.  (N.S.) 

981; '33   L.R.A. (N.S.)    649;    42    L.R.A. 

(N.S.)    1230. 
Federal    cases.      6    L.R.A.  (N.S.)     986;     19 

L.R.A.  (N.S.)      648;      33     L.R.A.  (N.S.) 

651. 
Special     statutory    provision.       49     L.R.A. 

(N.S.)   473.  ' 
ConstUt  aluo  L.R.A.  Digests  of  Cases. 


BLASTER  AND  SERVANT,  III.  b— cont'd 

Contributory  negligence  as  defense  to  serv- 
ant's action  for  injuries  from  viola- 
tion of  master's  statutory  duty  where 
statute  excludes  defense  of  assumption 
of  risk.     13  L.R.A. (N.S.)    1152. 

§    116.  Outside    scope   of   employment. 

When  risks  of  work  outside  scope  of  em- 
plovment are  deemed  to  be  assumed. 
48  L.R.A.  803. 

Absence  of  compulsion  as  essential  element 
of  assumption  of  risks  by  servant  per- 
forming duties  outside  scope  of  original 
employment.     48  L.R.A.  808. 

§    117.  Obeying  orders. 

Servant's  duty  to  obey  master's  orders,  see 

supra,  §  4. 
Master's   liability    for   injuries    receivetl    in 

obeving    direct    command,    see    supra. 

§    70. 
Contributory  negligence  of  servant  obeying 

command,  see  infra,  §§  126,  127. 

Direct  orders  as  essential  factor  where  the 
risk  to  which  they  exposed  servant 
was  one  of  those  assumed.  48  L.R.A. 
754. 

Servant's  assumption  of  risk  in  obeying 
orders  to  perform  obviously  dangerous 
work.     4   L.R.A.  (N.S.)    830. 

Attempting  dangerous  work  in  obtMlienee  to 
orders,  without  fullv  appreciating  the 
danger.     4  L.R.A. (N.S.)    838. 

Servant's  right  of  action  for  injuries  re- 
ceived in  obeying  direct  command  ac- 
companied by  assurance  of  safety.  30 
L.R.A.  (N.S.)"  453. 

View  that  direct  command  makes  assump- 
tion of  risk  question  of  fact  only.  30 
L.R.A.  (N.S.)    442. 

§  118.  Assurance  of  safety  by  master 
or  coservant. 

General  rule.  48  L.R.A.  542;  23  L.R.A. 
(N.S.)    1014;   30  L.R.A. (N.S.)    453. 

Illustrative  cases.     48  L.R.A.  542. 

Rationale  of  rule.     48  L.R.A.  544. 

When  an  assurance  of  safety  is  not  con- 
clusive in  the  servant's  favor.  48 
L.R.A.  545. 

Whose  assurances  bind  the  master.  48 
L.R.A.  546. 

Effect  of  master's  assurance  as  to  obvious 
dangers  of  emplovment.  4  L.R.A. 
(N.S.)    971. 

§  110.  Continuing  work  on  master's 
promise  to  remove  a  specific  cause 
of  danger;  promise  to  repair. 

General  rule.     40  L.R.A.  782. 

Rationale  of  the  relation  between  the  par- 
ties after  the  giving  of  the  promise. 
40  L.R.A.  783. 

Continuance  of  work  after  promi.se  not 
contributory  negligence,  as  matter 
of  law.     40"  L.R.A.  786. 

Servant's  action  not  maintainable  unless 
his  continuance  of  work  was  actually 
induced  by  the  master's  promise  to 
protect  him  from  some  danger,  etc. 
40  L.R.A.  793. 


886 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  III.  b— cont'd 

Whose  promise  is  binding  on  an  employer. 
40  L.R.A.  796. 

Rule  where  the  promise  relates  to  simple 
appliances.     40  L.R.A.  797. 

Obligations  of  the  servant  pending  the  ful- 
iilment  of  the  promise.     40  L.R.A.  798. 

Servant's  right  to  rely  on  master's  promise 
to  discharge  incompetent  or  careless 
servant.  10  L.R.A  (N.S.)  1043;  47 
L.R.A.(N.S.)   1220. 

Servants  assumption  of  risk  of  defect  in 
simple  tool  which  master  has  promised 
to  repair  or  replace.  27  L.R.A.  (N.S.) 
1052. 

Effect  of  promise  to  repair  at  some  definite 
future  time  or  after  a  certain  event  to 
suspend  the  doctrine  of  assumed  risk 
during  the  interval.  4  L.R.A. (N.S.) 
913;   22  L.R.A. (N.S.)    472. 

EflFect  of  promise  to  repair  not  made  with 
reference  to  servant's  safety.  45  L.R.A. 
(N.S.)   363. 

Liability  of  master  for  breach  of  promise  to 
remedy  conditions,  or  furnish  other 
appliances,  where  they  were  already 
reasonably  safe.  25  L.R.A.  (N.S.) 
1179. 

Effect  of  master's  promise  to  repair  de- 
fective ladder  not  forming  part  of 
structure.     13  L.R.A.  (N.S.)   689. 

§  12  0.  — effect  of  promise  where  dan- 
ger is  great  and  imminent. 

General  principles.     29  L.R.A. (N.S.)   598. 
Illustrative  cases.     29  L.R.A. (N.S.)   601. 
Care  to  be  exercised  by  the  servant  after  the 

promise.     29  L.R.A.(N.S.)    600. 
• 
§    121.  Assumption   by  volunteer. 
Master's   liabilitv   for   injury   to   volunteer, 

see  supra,  §§  107,  108. 

Generally.    22  L.R.A.  663;  43  L.R.A.(N.S.) 

187. 
Liability    to    minor    volunteer.     22    L.R.A. 

664. 
Assisting  bv   request   of   one   in   authority. 

22  L.R^A.  664. 
Persons  with  interest.     22  L.R.A.  665. 
Persons  not  volunteers.     22  L.R.A.  665. 
Servant  volunteer.     22  L.R.A.  665. 

§    122.  By  minor  employee. 

Master's   liability  for  injury  to  minor  em- 
ployee, see  supra,  §§  50,  51,  55. 
Duty  to  warn  or  instruct  minor  emplovees, 
'^see  supra,  §§  76-78. 

Assumption   of   risks   by   minor   employees. 

8   L.R.A.  491;*   1   L.R.A. (N.S.)    279. 
May   one   employing  child   under   statutory 

age  rely  on  assumption  of  risk  to  defeat 

liabil'tv   for   personal   injurv   to  latter. 

12  L.R.A. (N.S.)    461;   48  L.R.A. (N.S.) 

667. 

c.  Contributory  negligence. 

§    123.  Generally. 

Act  of  employee  in  emergency,  see  Emer- 
gency, §  2. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §  83. 

Begin  with  this  boolc  on  every  lata  question. 


MASTER  AND  SERVANT,  III.  c— cont'd 

Servant  injured  by  falling  object,  see  Fall- 
ing Objects,  §  4. 

As  to  last  clear  chance  generally,  see  Neg- 
ligence, §§  50-52. 

Question  for  jury  as  to,  see  Trial,  §  47. 

Effect  of  inference  of  contributory  negli- 
gence on  applicabilitv  of  res  ipsa  loqui- 
tur. L.R.A.1917E,  52,  194,  209,  215, 
231,  241,  249. 

Distinction  between  assumption  of  risk  and 
contributorv  negligence.  21  L.R.A. 
(N.S.)    138^ 

Conflict  of  laws  as  to.     56  L.R.A.  221. 

Relation  of  maxim  Volenti  non  fit  injuria 
to  defense  of  contributorv  negligence. 
47  L.R.A.  161. 

Contributory  negligence  of  servant  in  un- 
dertaking Avork  for  which  he  is  phvs- 
ically  unfit.     L.R.A.1915E,  369. 

Contributory  negligence  as  affected  by  il- 
legal or  negligent  custom  of  servants. 
47   L.R.A.  (N.S.)    909. 

Attempting  to  save  emplover's  property.  2 
L.R.A.  (N.S.)    954. 

Contributory  negligence  of  servant  injured 
by  dangerous  condition  of  earth  and 
rock  left  after  blasting.  48  L.R.A. 
(N.S.)    927. 

Contributory  negligence  of  servant  injured 
bv  animal  owned  or  used  by  master. 
18  L.R.A.  (N.S.)  695;  L.R.A. 1915B,  435. 

With  respect  to  injury  from  projecting 
screw  in  moving  machinery.  48  L.R.A. 
98. 

By  employee  of  electric  companv.  32  L.R.A. 
353. 

Of  railroad  emplovee  in  riding  on  engine. 
14  L.R.A.  552! 

Duty  of  employee  engaged  in  repairing  or 
cleaning  track  to  look  out  for  his  own 
safety.     6   L.R.A. (N.S.)    646. 

Venturing  with  train  or  hand  car  on  track 
over  which  other  train  has  the  right  of 
way.     1    L.R.A.  (N.S.)    1014. 

Right  of  servant  on  railroad  track  to  rely 
on  custom  to  move  trains  on  certain 
track  only  in  one  direction.  L.R.A. 
1916D,   708. 

Contributory  negligence  in  relying  on  pres- 
ence of  step  or  hand  hold  on  engine  or 
car.    45  L.R.A. (N.S.)   359. 

Contributory  negligence  of  trainman  injured 
by  overhead  structure.  47  L.R.A. 
(N.S.)    494. 

Walking  in  frort  of  moving  car  to  prepare 
coupling.     10  L.R.A. (N.S.)   881. 

Contributory  negligence  of  employee  in  run- 
ning ahead  of  car  or  train  in  perform- 
ance of  his  work.  52  L.R.A. (N.S.) 
443. 

Negligence  of  employee  of  railroad  in  step- 
ping between  moving  cars.  41 
L.R.A. (N.S.)    32. 

Negligence  in  going,  without  previous  no- 
tice, under  or  between  cars  liable  to  be 
moved  at  anv  time.  46  L.R.A. (N.S.) 
877;  L.R.A.1918C,  380. 

Contributory  negligence  of  watchman  or 
flagman  injured  bv  passing  trains.  4m 
L.R.A.  (N.S.)    152." 


INDEX  TO  L.R.A.  NOTES. 


897 


MASTER  AND  SERVANT,  III.  c— cont'd 

Contributory  negligence  of  railroad  em- 
ployee injured  by  defects  in  roadbed 
caused  or  accompanied  by  rainfall.  49 
L.R.A.(N.S.)   205. 

Contributory  negligence  of  employee  of  rail- 
road company  injured  by  defectively 
loaded  car.  1.3  L.R.A.(N.S.)  391;  49 
L.R.A.(N.S.)    1014. 

Contributory  negligence  in  failing  to  re- 
member dangerous  conditions.  41 
L.R.A.(X.S.)    79. 

Availability  of  defense  of  contributory  negli- 
gence, under  safety  appliance  acts.  20 
L.R.A.(N.S.)    483^41  L.R.A.(N.S.)   57. 

Abrogation  of  defense  of  contributory  negli- 
gence by  Federal  employers'  liability 
act.  47  L.R.A.(N.S.)  Gl ;  48  L.R.A. 
(N.S.)   987;   L.R.A.1915C,  65. 

Abrogation  of  defense  of  contributory  neg- 
ligence by  Workmen's  Compensation 
Act.     L.R.A.1917D,  57. 

Contributory  negligence  as  a  defense  to  an 
action  based  on  a  breach  of  tlie 
master's  statutory  duty.  49  L.R.A. 
(N.S.)  526. 
Where  statute  excludes  defense  of  as- 
sumption of  risk.  13  L.R,A. (N.S.) 
1152. 

Employee's  right  to  rely  on  statute  requir- 
ing signal  to  be  given  by  train  ap- 
proaching crossing.  40  L.R.A.  (N.S.) 
1105. 

Duty  of  servant  to  report  defects  in  con- 
'dition  of  plant.     57  L.R.A.  842. 

Liability  of  employer  qualified  by  servant's 
duty  to  acquaint  liimself  with  his  en- 
vironment.    41  L.R.A.  125. 

Duty  to  relieve  servant  who,  without  mas- 
ter's fault,  has  been  caught  in  danger- 
ous situation.     7  "L.R.A. (N.S.)    940. 

Right  of  servant  to  compensation  in  case  of 
incomplete  performance  of  his  contract 
caused  by  physical  disability  due  to  his 
own   negligence,     28   L.R.A.  (N.S.)    325. 

§    124.  Minor  employees. 

Master's  liability  for  injury  to  minor  em- 
ployee, see  supra,  §§  50,  55. 

May  one  employing  child  under  statutory 
age  rely  on  contributory  negligence  to 
defeat  liability  for  personal  injury  to 
latter.  12  L.R.A. (N.S.)  461;  20  L.R.A. 
(N.S.)    876;   48  L.R.A. (N.S.)    667. 

Presumption  and  burden  of  proof  as  to  ca- 
pacity of  minor  servant  to  comprehend 
and  'avoid  danger,  29  L.R.A. (N.S.) 
487. 

Does  the  fact  that  a  minor  was  working  in 
violation  of  a  statute  forbidding  his 
employment  prevent  a  recovery  by  him 
for  personal  injuries.  48  L.R.A. (N.S.) 
675. 

§  125.  Disobedience  of  master's  rules, 
as. 

Master's  duty  as  to  rules  and  regulations, 
see  supra,  §  71. 

Duty  of  the  servant  in  regard  to  the  rules 
promulgated  by  his  employer.  43 
L.R.A.  350.  • 

Consult  also  L.B.A.  Digests  of  Cases.    57 


MASTER  AND  SERVANT,  III.  o— cont'd 

Rules  binding  on  employees.     24  L.R.A.  657. 

Examples.     24  L.R.A.  657.    • 

In  going  without  previous  notice  under  or 
between  cars  liable  to  be  moved  at  any 
time.     L.R.A.1918C,  380. 

Exceptions.     24  L.R.A.  658. 

Notice.     24  L.R.A.  658. 

The  rule  must  not  have  been  waived.  24 
L.R.A.  659. 

The  disobedience  must  be  unnecessary.  24 
L.R.A.  661. 

The  rule  must  be  applicable.  24  L.R.A.  661. 

The  disobedience  must  contribute  to  the  in- 
jury.    24  L.R.A.  662. 

Wilful  injury.     24  L.R.A.  662. 

Reasonableness  of  rule.     24  L.R.A.  662. 

How  the  rules  are  construed.  24  L.R.A. 
662. 

Evidence.     24  L.R.A.  662. 

Question  for  covirt  or  jury,     24  L.R.A.  662. 

Violation  of  rule  which  conflicts  with  other 
rules  or  orders  as  contributory  negli- 
gence.    9  L.R.A.  (N.S.)   972. 

Liability  to  servant  in  charge  of  a  train 
or  car  as  affected  by  his  duty  to  keep 
schedule  time.     L.R.A. 1916E,   268. 

Contributory  negligence  in  disobeying  rule 
in  obedience  to  orders  of  superior.  8 
L.R.A.(N.S.)   90. 

§    12  6,  Obeying  command. 

Servant's  duty  to  obey  master's  orders,  see 
supra,  §  4, 

Master's  liability  for  injuries  received  in 
obeying  direct  command,  see  supra.  § 
70.' 

Assumption  of  risk  by  servant  obeying  or- 
ders, see  supra,  §  117. 

Contributory  negligence  of  employee  in 
obeying  direct  command.  30  L.R.A. 
(N.S.)    441. 

View  that  direct  command  makes  con- 
tributory negligence  question  of  fact 
only.      30   L.R.A. (N.S.)    442. 

Rationale  of  servant's  right  to  rely  on 
master's  direct  command,  48  L.R.A, 
750. 

When  contributory  negligence  not  predi- 
cated on  compliance  with  direct  order. 
48  L.R.A.  755. 

When  direct  orders  will  not  justifv  serv- 
ant's obedience.     48  L.R.A.  763.' 

Specific  command  from  master  no  excuse 
unless  servant's  act  was  induced  there- 
by.    48  L.R.A.  764. 

Negligence  as  to  manner  of  carrying  out 
master's  direct  command,  48  L,R.A. 
764. 

Servant's  disobedience  of  rule  in  obedience 
to  orders  of  superior.  8  L.R.A. (N.S.) 
90. 

Misunderstanding  of  order.  4  L.R.A. (N.S.) 
407. 

§  12  7.  — servant's  reliance  on  orders 
as   contributory   negligence. 

Question  of  law  or  fact.     17  L.R.A.  604. 
Setting  servant  at  dangerous  work  outside 

of  the  scope  of  employment.     17  L.R.A. 

604. 


89S 


INDEX  TO  L.E.A.  NOTES. 


MASTER  AND  SERVANT,  III.  e— cont'd 
Seamen.     17  L.R.A.  606. 
Emergency  or  hurry.  17  L.R.A.  606. 
Assurance  of  safety.     17  L.R.A.  606. 


§  128.  In  entering  or  remaining  in 
employment. 

When  the  servant's  action  is  barred.  49 
L.R.A.  33. 

Relation  between  the  defenses  of  assump- 
tion of  risks  and  contributory  neg- 
ligence. 49  L.R.A.  49. 

§  129.  — effect  of  master's  assurance 
of  safety. 

Effect  of  assurance  of  safety  given  by  the 
master  or  a  coservant.     48  L.R.A.  542. 

§  13  0.  — effect  of  master's  promise  to 
repair  or  remove  dangerous  condi- 
tion. 

Contributory   negligence   as   matter   of   law 
notwithstanding    master's    promise 
to    repair    where    danger    is    great 
and    imminent.      29    L.R.A.  (N.S.) 
601. 
Continuing  work  after  master's  promise  to 
remove  specific  cause  of  danger  as 
contributory  negligence.  40  L.R.A. 
L.R.A.  786. 
Servant's  riglit  to  rely  on  master's  promise 
to    discharge    incompetent    or    careless 
fellow  servant.     10  L.R.A. (N.S.)    1043; 
47  L.R.A.(N.S.)    1220. 

§  131.  Performing  duties  outside  scope 
of  employment. 

Contributory  negligence  as  defense  where 
injuries  received  in  performance  of 
duties  outside  of  original  contract.  48 
L.R.A.  806. 

Absence  of  compulsion  as  essential  element 
of  contributory  negligence  in  perform- 
ing duties  outside  scope  of  original  em- 
ployment,    48  L.R.A.  808. 

d.  Felloiv  servants. 

1.  In  general. 

(a)    Generally. 

%    132.  Generally. 

Imputing   knowledge   of    fellow   servant   to 

master,  see  supra,  §  68. 
Master's  duty  as  to  selection  and  retention 

of   fellow  servants,   see   supra,   §§   104, 
.     105. 
Master's  duty  to  employ  sufficient  number 

of  fellow  servants,  see  supra,  §  106. 
Master's   liability  for   injury  due  to  negli- 
gence   of    fellow    servant    in    mine,    see 

Mines,  §  41. 
Imputing    fellow     servant's     negligence     to 

master,  sec  Negligence,  §  45. 
Qtiestion   for   jury   as  to   master's   liability 

for     fellow     servant's     negligence,     see 

Trial,  §  41. 

Effect  of  fellow  servant  rule  on  applicability 
of  rule  res  ipsa  loquitur  as  between 
master  and  servant.     L.R.A. 1917E,  52. 

Begin  with  this  hook,  on  every  laiv  question 


MASTER  AND  SERVANT,  III.  d,  1  (a)  — 
cont'd 

Effect  of  inference  of  negligence  of  fellow 
servant  on  applicability  of  rule  res  ipsa 
loquitur  in  case  of  injury  to  servant  by 
explosion.  L.R.A.1917E,  194,  208,  215, 
232,  241,  249. 

Imputing  servant's  negligence  to  fellow 
servant.  8  L.R.A. (N.S.)  631;  L.R.A. 
1915A,  762. 

Conflict  of  laws  as  to  fellow-servant  rule. 
56  L.R.A.  219. 

Rule  when  dangerous  condition  is  due  to 
act  of  follow  servant.     41  L.R.A.  54. 

Right  of  servant  to  rely  on  promise  of  mas- 
ter to  discharge  incompetent  or  careless 
fellow  servant.  10  L.R.A.  (N.S.)  1043; 
47  L.R.A. (N.S.)   1220. 

Duty  of  instruction  considered  with  refer- 
ence to  tlie  doctrine  of  common  em- 
ployment.   44  L.R.A.  SO. 

Liability  of  master  as  affected  by  inability 
of  fellow  servant  to  understand  Eng- 
lish.    20  L.R.A. (N.S.)    39. 

Overwork  of  servant  as  affecting  master's 
liability  for  injury  to  him  or  another 
servant.  13  L.R^\.(N.S.)  1214:  4.') 
L.R.A.(N.S.)    372. 

Liability  of  master  for  injury  to  vice  piin- 
cipal  by  negligence  of  servant.  23 
L.R.A.(N.S.)    301. 

Master's  liability  as  affected  by  resitrietions 
upon  his  freedom  of  selection  and  su- 
perintendence of  employees  by  labor  or- 
ganizations.     3   L.R.A.'(N.S.j    1105. 

Master's  duty  to  inspect  tools  belonging  to 
fellow  workman.      1   L.R.A.  (  X.s")    9.">li. 

Contributory  negligence  in  disobeyi.ig  rule 
in  obedience  to  orders  of  superior.  8 
L.R.A.(N.S.)    90.. 

Burden  of  proving  contributory  negligence 
under  fellow-servant  act.  13  L./ra. 
(N.S.)   1219. 

Possible  inference  that  accident  to  servant 
was  due  to  negligence  of  fellow  .servant. 
6  L.R.A. (N.S.)   354. 

Evidence  of  fellow  servant's  character.  14 
L.R.A. (N.S.)    757. 

Personal  liability  of  servant  for  injury  to 
fellow  servant.     28  L.R.A.  440.' 

(h)    Concurrent    negligence    of    master 
and  felloir  servant. 

§    133.  Generally. 

Negligence  of  fellow  servant  concurring 
with  failure  of  the  master  to  establish 
or  enforce  proper  rules  or  regulations 
for  conduct  of  business.  4  L.R.A.  (NJ^.) 
516. 

Master's  liability  for  injury  to  employee 
caused  by  defective  elevator  and  negli- 
gence of  fellow  servant.  2  L,R.A. 
(N.S.)    647. 

§  134.  Relation  of  proximate  cause 
doctrine  to  master's  liability  for  In- 
juries to  servant  from. 

Relation  of  proximate  cause  doctrine  to 
master's  liability  for  injuries  to 
servant  from  combined  negligence 
of  himself  and  fellow  servant.  16 
L.R.A.  819.  -i 


INDEX  TO  L.R.A.  NOTES; 


899 


MASTER  AND  SERVANT,  III.  d,  1— cont'd 

(c)  Fellow -servant  rule  as  affected  hy 

statute, 

§    13  5.  Generally. 

Validity  of  statute  abrogating  fellow-serv- 
ant rule.  12  L.R.A.(N.S.)  1040;  47 
L.R.A.(N.S.)  84. 

State  statute  modifying  fellow-servant  rule 
as  an  interference  with  interstate  com- 
merce.     15   L.R.A.(N.S.)    134. 

Abrogation  of  defense  of  fellow-servant  doc- 
trine by  Federal  emplovers'  liability 
act.  47  L.R.A.(N.S.)  60;*  L.R.A.lOloC, 
65. 

Abrogation  of  fellow  servant  rule  by  Work- 
men's Compensation  Act.  L.R.A.1917D, 
57. 

Employees  and  employments  within  the  pur- 
view of  statutes  al)rogati:ig  the 
fellow-servant  rule.  47  l-.R.A. 
(N.S.)    113. 

Is  a  street  or  interurban  railway  affected 
by  abrogation  of  fellow-servant  rule  as 
to  "railroads."     17  L.R.A.  (N.S.)   117. 

Applicability  to  pri.vate  railroad,  of  enact- 
ment abrogating  fellow-servant  rule  as 
to  "railroads."  15  L.R.A.  (N.S.)  479; 
45  L.R.A.(N.S.)  841. 

What  constitutes  operation  of  railioad  un- 
der statutes  abrogating  fellow-servant 
rule  for  railroads.     1  L.R.A. ^ N.S.)  696. 

Is  the  work  of  a  section  gang  "connected 
with  the  use  and  operation"  of  tlie  rail- 
road, within  the  meaning  of  fellow 
servant   statute.     6   L.R.A. (N.S.)    452. 

What  is  a  railroad  hazard  within  statutes 
abolishing  or  restricting  fellow- 
servant  rule  as  to  railroad  em- 
ployees. 18  L.RA.(N.S.)  478;  22 
L.R.A.(N.S.)    969. 

Train  employee  charged  with  duty  of  sig- 
naling engineer  as  vice  principal  under 
the  employers'  liability  acts.  52  L.K.A. 
(N.S.)    1142. 

Hand  car  as  a  car  within  meaning  of  stat- 
ute.    L.R.A.1915A,  817. 

(d)  Who  are  fellow  servants  generally. 

§    13  6.,  Generally. 

W  ho  are  fellow  servants  on  vessel,  see  Ship- 
ping, §  11. 
Question  for  jury  as  to,  see  Trial,  §  27. 

Generally.  4  L.R.A.  793;*  7  L.R.A.  500;* 
18  L.R.A.  792.' 

Servants  not  on  duty.     18  L.R.A.  797. 

As  affected  by  legislation.     18  L.R.A.  797. 

Common  service.     18  L.R.A.  817. 

Employee's  assistant  as  fellow  servant  of 
other  employees.     43  L.R.A. (N.S.)   186. 

Servants  in  mine  as.     50  L.R.A.  437,  461. 

Common  laborers  and  persons  engaged  in 
blasting  as  fellow  servants.  20  L.R.A. 
(N.S.)    1180. 

Liability  of  railway  company  for  injury  to 
its  servants  by  negligence  of  union  de- 
pot employees.  13  L.R.A. (N.S.)    1196. 

Consult  also  L.R.A.  D/j/esfs  of  Cases. 


MASTER  AND  SERVANT,  IIL  d,  1    (d)— - 

cont'd 
Operatives  employed  in  industrial  plant  as- 
fellow    servants    of   employees   engaged 
in   operation    of   private    railroad   con- 
ducted    in     connection    therewith.       20' 
L.R.A. (N.S.)   354. 
Operator  of  elevator  or  other  lioisting  ap-' 
paratus  as  fellow  servant  of  other 
employees  of  the  establishment.   41 
L.R.A'(N.S.)    156. 
Who  are  fellow   servants  of   linemen   when 
no  question  of  vice  principal  is  in- 
volved.    30  L.R.A. (N.S.)    48. 
Train   employees  as  fellow   servants  of  em- 
ployees   being    cairiod    to    or    from 
their  work  on  the  train.    .52  L.R.A. 
(N.S.)    1106. 
Applicability  of  fellow-servant  rule  as  be- 
tween trainmen  and  other  railway  em- 
ployees.    52  L.R.A. (N.S.)    1084. 
Persons  operating  train  as   fellow  servants 
of  watchman  or  flagman  injured  there- 
by.     48    L.R.A. (N.S.)    155. 
Employee    throwing    object    from    train    in 
course  of  his  duty  as  fellow  servant  of 
emploj'ee    struck    therebv.      52    L.R.A. 
(N.S.)   1117. 

§  13  7.  Servant  of  employer  and  serv- 
ant of  contractor. 

Servant  of  employer  and  servant  of  con- 
tractor as  fellow  servants.  17 
L.R.A.(N.S.)    334. 

(e)    For    irhnt    arts    of    fellow    seri:ant 
tn aster  is  liable. 

§    13  8.  Generally. 

For  what  acts  of  superior  servant  master 
is  liable,  see  infra,  §§  151,  152. 

Dependent  on  question  of  vice  pi'incipal- 
ship,  see  infra,  §§  155-1 62a. 

What  duties  are  delegable  to  fellow  servant, 
see  infra,  §§  163-169. 

Liability  of  master  for  injuries  inflicted  up- 
on an  employee  maliciously  or  in  sport 
bv  other  employees.  34  L.R.A. (N.S. /^ 
109:  52  L.R.A.  (N.S.)  385^  'L.R.A. 
1918A,  11«. 

Liability  of  employer  for  injury  to  en>- 
plovee  bv  air  forced  into  bodv  by  other- 
employees.*    L.R.A.1918E,   508. 

Recovery  under  Workmen's  Compensation.. 
Act  for  injuries  caused  by  sportive  acts'. 
L.R.A.1918E,  504. 

3.  Common  employment,  apart  from: 
statutf,  where  no  question  as  to* 
vice  principalship. 

§    13  9.  Generally. 

In  general.     50  L.R.A.  417. 

Relation  between  doctrine  of  common  em- 
ployment and  master's  duty  to  promul- 
gate rules.     43  L.R.A.  342. 

Duty  of  instructing  servant  considered  with, 
reference  to  doctrine  of  common  em- 
ployment.    44   L.R.A.  86. 

What  constitutes  common  eraployme«t.  18l 
L.R.A.  793. 

What  constitutes  common  service.  1& 
.L.R.A.  817. 


900 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  III.  d,  2— cont'd 
§    140.  Servants  working  outside  scope 
of  employment. 

Doctrino  of  common  employment  qualified 
as  to  servants  working  outside  of  scope 
of  employment.    48  L.R.A.  805. 

§  141.  Theory  that  community  of  em- 
ployment depends  solely  on  whether 
delinquent  servant's  negligence  was 
a  risk  contemplated  by  the  In- 
jured servant. 

Generally.     50  L.R.A.  422. 

Diversity  of  duties  or  departments  not 
sufficient  to  exclude  defense  of  common 
employment.     50  L.R.A.  426. 

Contiguity  a  material,  tliough  not  decisive, 
factor.    50  L.R.A.  427. 

Illustrative   cases   of   common   employment. 
50  L.R.A.  429. 
Railway    work.      50    L.R.A.     429;     52 
L.R.A(N.S.)    1084,   1111,   1327. 

Disconnection   of   duties,   when   so  great  as 

to  negative   iinplied   acceptance   of   the 

■    risk    of    a    fellow   servant's   negligence. 

.  .  •     50  L.R.A.  439. 

§  142.  Theory  that  common  employ- 
ment depends  on  identity  of  depart- 
ments or  work  or  consociation  of 
duties. 

Identity  of  department  as  a  test,  generally. 
50"  L.R.A.  442. 

Consociation  of  duties,  as  a  test  of  common 
employment.     50  L.R.A.  444. 

Relation  between  the  theories  of  nonassign- 
able duties  and  consociation  of  duties. 
50  L.R.A.  448. 

Difference  of  identity  of  department  not 
necessarily  conclusive  under  the  conso- 
ciation doctrine.  50  L.R.A.  449. 
•Some  secondary  results  of  the  consociation 
doctrine  have  been  noted  in  the  de- 
cisions.    50  L.R.A.  451. 

Consociation  primarily  a  question  of  fact 
for  the  jury.    50  L.R.A.  452. 

Criticisms  of  the  doctrine  of  consociation. 
60  L.R.A.  453. 

Departmental  theory  as  affecting  different 
classes  of  workmen  operating  or  using 
machinery,  or  in  building  a  structure. 
1  L.R.A.  (N.S.)   682. 

Trainmen  and  otlier  railway  employees  gen- 
erally.    52  L.R.A. (N.S.)    1084. 

Train  employees  and  employees  being  car- 
ried to  or  from  their  work  on  the  train. 
52  L.R.A. (N.S.)  1111. 

Telegraph  operators  and  train  'employees. 
52  L.R.A. (N.S.)    1127. 


§    14  3.  Common     employment     consid- 

-  ered    with    referenca  to    continuity 

of  relation  of  master  and  servant. 

Generally.     50  L.R.A.  461. 

Control  by  the  master  at  the  time  of  the  in- 
jury, the  ultimate  determinative  factor. 
50  L.R.A.  462. 

Positions  of  servants  while  being  transport- 
ed  on   vehicles  belonging  to  their  em-  j 
ployers.    50  L.R.A.  462.  General  statement, 

Begin  with  this  hook,  on  every  law  question. 


MASTER  AND  SERVANT,  III.  d.  2— cont'd 

Payment  or  nonpayment  of  fare  not  neces- 
sarilj'  decisive  for  or  against  the  serv- 
ant's right  to  recover.    50  L.R.A.  467. 

Special  bargain,  wliether  rights  of  a  pas- 
senger may  be  conferred  bv.  50  L.R.A. 
407. 

Position  of  servants  wliile  entering  or  leav- 
ing the  premises  of  their  emplovers  on 
foot.     50  L.R.A.  468. 

3.  Vice   principal ;    superior   servant, 
(a)    In   general. 

§    144.  Generally. 

W'ho  are  vice  principals  on  vessel,  see  Ship- 
ping, §  11a. 

Liability  of  master  for  assault  by  superior 
on  inferior  servant  in  the  way  of  dis- 
cipline.    8  L.R.A. (N.S.)   798. 

Negligent  superiors  as  fellow  servants.  18 
L.R.A.   823. 

Superior  emplovees  as  fellow  servants.  18 
L.R.A.  827.' 

Starting  machinery  as  act  of  vice  principal 
or  fellow  servant.  46  L.R.A. (N.S.) 
766. 

Train  employees  charged  with  duty  of  sig- 
naling engineer  as  vice  principal  under 
the  employers'  liability  acts.  52  L.R.A. 
(N.S.)   1142. 

(h)    Considered  with  reference  to  ranJc 
of  superior  servant. 

§    145.  Generally. 

Generally.     51  L.R.A.  513. 
Mere    inequality    of    rank,    significance    of. 
Usually  held  not  to  warrant  inference 
that    the    superior    servant    is    a    vice 
principal.    51  L.R.A.  515. 
Summary  of  the  effect  of  the  decisions  in 
each    jurisdiction    with    regard    to 
the    relation    of    supervising    em- 
plovees to  their  subordinates.     51 
L.R.A.  602. 
Master's    liabilty    as    affected    by    superior 
rank   of  employee  whose  negligence   in 
preparation   or  structural  modification 
of    instrumentalities    causes    injury   to 
fellow  servant.     54  L.R.A.  147. 

§  146.  Doctrine  that  vice  principalship 
is  not  deducible  merely  fron;  pos- 
session of  power  of  control  over 
injured   servant. 

General  statement.     51  L.R.A.  517. 

Rationale  of  the  doctrine.    51  L.R.A.  518. 

Qualification  of  the  doctrine  in  cases  wliere 
an  order  takes  a  servant  outside  the 
original  scope  of  his  employment.  .  51 
L.R.A.  520. 

Power  of  hiring  and  discharging  subordi- 
nates,  significance  of.     51   L.R.A.   520. 

Application  of  the  doctrine  to  the  various 
grades  of  supervising  emplovees.  51 
L.R.A,  522. 

Illustrative  cases.     51  L.R.A.  525. 


14  7.  Doctrine  that  all  superior  serv- 
ants are  vice  principals  as  regards 
their  subordinates. 

51  L.R.A.  539. 


INDEX  TO  L.R.A.  NOTES, 


901 


MASTER  AND  SERVANT,  III.  d,  3  (b)  — 

cont'd 

Relation  of  the  superior-servant  doctrine 
to  the  doctrine  that  the  head  of  a  de- 
partment is  a  vice  principal.  51  L.R.A. 
541. 

Rationale  of  the  doctrine.    51  L.R.A.  542. 

What  constitutes  the  exercise  of  control 
within  the  meaning  of  the  doctrine.  51 
L.R.A.  547. 

Existence  or  absence  of  a  power  to  hire  and 
discharge  subordinates;  significance  of. 
51  L.R.A.  548. 

Illustrative  cases.     51  L.R.A.  550. 

§    148.  Relation   of   general    managing 

agent  to  his  subordinates. 
Doctrine  tliat  a  general  manager  is  a  vice 

principal.    51  L.R.A.  556. 
Rationale  of  tlie  doctrine.     51  L.R.A.  562, 
Doctrine  that  a  general  manager   is  not  a 

vice  principal.     51  L.R.A,  564. 
Opposing  theories  reviewed,  51  L.R.A.  569. 

§  14  8a,  Relation  of  eipployees  in 
charge  of  departments  to  their 
subordinates. 

General  statement.     51  L.R.A.  572. 
Rationale  of  the  master's  liability  for  the 
negligence  of  a  departmental  manager. 

51  L.R.A.  574. 

Limits  of  the  doctrine  of  departmental  con- 
trol.    51  L.R.A.  574. 

Supervising  employees  held  to  be  heads  of 
departments.     51  L.R.A.  577. 

Supervising  employees  held  not  to  be  heads 
of  departments.     61  L.R.A.  583. 

§  149,  Train  despatcher,  telegraph  op- 
erator and  block  signal  operators 
as  fellow  servants  of  trainmen. 

Train  despatcher  as  fellow  servant  at  com- 
mon law  of  train  employees,  25  L,R.A. 
386:   7  L.R.A.(N.S.)   651. 

Train  despatchers  as  vice  principals.  54 
L.R.A.  91. 

Telegraph  operator  as  fellow  servant  of 
trainmen.  25  L.R.A.  393;  50  L.R.A. 
429;  52  L.R.A.  (N.S.)    1123. 

Block-signal  operators  as  fellow  servants  of 
trainmen.     52  L.R.A. (N.S.)    1127. 

§  150.  When  conductor  deemed  co- 
servant  of  other  railway  employees. 

In  general.  46  L.R.A.  337, 

Doctrine  tliat  a  conductor  is  a  coservant  of 
a  subordinate  because  both  are  en- 
gaged in  the  same  general  business. 
46  L.R.A.  337. 

Circumstances  constituting  a  conductor  a 
vice  principal  as  to  subordinates. 
46  L.R.A.  339. 

Relation  of  conductor  to  employees  other 
than  those  under  his  control.  46 
L.R.A.  357. 

Relation  of  conductor  to  servants  working 
on  or  near  the  track.     46  L.R.A.  360; 

52  L.R.A.(N.S.)   1085. 

Conductors    pro    hac   vice,   position   of.    46 

L.R.A.  361. 
Liability  of  the  master  where  the  condiic- 

tor  is  the  injured  ?ervant.     46  L.R.A. 

362. 
Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  III.  d,  3  (b)  — 
cont'd 

§  151,  For  what  acts  of  superior  serv- 
ant master  is  liable. 

No  responsibility  as  to  matters  beyond  the 
scope  of  tlie  autliority  of  the  superior 
servant,    51  L.R.A.  584. 
Distinction  between   official   and   nonofficial 
acts  of  supervising  employees.     51 
L.R.A,  586. 
Breach   of   nondelegable  duties   by  any   su- 
perior  servant,   master   liable   for,      51 
L,R.A.  588. 
Issuance    of    orders    deemed    to    be    an    of- 
ficial act.     51  L.R.A.  590, 
Failure  to  protect  subordinates  from  tran- 
sitory   dangers    deemed    to    be    official 
negligence.     51  L.R.A.  592. 
Theory  that  a  vice  principal  does  not  rep- 
resent the  master  except  in  so  far 
as  he  is  discharging  some  nondele- 
gable duty.     51  L.R.A,  593. 
Theory  that  a  vice  principal  represents  the 
master,   even   wlien   he    participates   in 
manual   labor.     51   L.R.A.   597. 
Discussion   of  the  doctrine  of  tlie  dual  ca- 
pacity    of     vice     principals,       51 
L.R.A,  599. 

§  152.  Statutory  liability  for  negli- 
gence  of  employees  exercising 
superintendence. 

In  general,     58  L.R.A,  33. 

Conditions  precedent  to  recovery  by  the 
servant,  generally.     58  L.R.A.  34. 

What  employees  are  superintendents,  58 
L.R.A.  34, 

Employees  controlling  machinery;  position 
of.     58  L.R.A.  39. 

Master  liable  though  injured  servant  was 
not  under  the  control  of  the  negligent 
employee,    58  L.R.A,  39. 

Deputy  superintendents,  liability  for  negli- 
gence of.     58  L.R.A.  40.' 

Necessity  of  proving  tliat  the  injurious  act 
Avas  negligent.    58  L.R.A.  41, 

Acts  constituting  negligence  in  the  exercise 
of  superintendence.     58  L.R.A.  44. 

Statutory  liability  of  employers  for  the  neg- 
ligence of  superintendents  while  partic- 
ipating in  the  work.  58  L.R.A.  47 ;  16 
L.R.A.(N.S.)   146;. 21  L.R.A.(N.S.)  601. 

Liability  of  master  for  negligence  of  super- 
vising employee  emploved  pursuant  to 
statute.     40  L.R.A.  (N-S!)   945, 

Liability  of  master  for  negligence  of  super- 
vising employee  in  mine  for  acts  done 
outside  the  scope  of  his  statutory  duty, 
48  L,R.A.(N.S.)    938, 

(c)  Vice  principalship  as  determined 
with  reference  to  character  of  act 
causing  injury;  delegation  of  duty. 

(1)   In  general. 

§    153,  Generally. 

Generally,     54  L.R.A.  37, 

Section  foreman  as  fellow  servant  of  mem- 
bers of  crew  with  respect  to  oper- 
ation of  hand  car,  20  L,R,A,(N,S,) 
434, 


902 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  III.  d,  3  (c) ,  (1) 
— cont'd 

A  servant  charged  with  the  duty  to  warn 
other  servants  of  danger  as  a  vice  prin- 
cipal.    4  L.R.A.(N.S.)    1161. 

:§    154.  As  to  linemen. 

fellow  servants  of  lineman  as  depoiident  up- 
on existence  of  vice  principalship. 
30  L.R.A.(N.S.)    49, 

X2)    Liahilitij  of  master  for  negligence 
of   cosei'vant. 

§    155.  Generally. 

Master's  liability  for  injuries  caused  by  in- 
competency of  fellow  servant,  see  supra, 
§  105. 

Effect  of  fellow  servant's  drunkenness,  see 
Dbuxkenness,  §  9. 

Liability  for  negligence  of  fellow  servant 
causing  explosion.     29  L.R.A.  358. 

Liability  of  master  for  negligence  of  mine 
boss  outside  the  scope  of  his  statutory 
duties.     11    L.R.A.  (N.S.)    840. 

Master's  liability  for  injury  to  servant 
througli  dangerous  condition  due  to 
act   of   fellow   servant.      41   L.R.A.   54. 

Statutory  liability  of  employers  for  negli- 
gence of  superintendents  while  partici- 
pating in  the  work.  58  L.R.A.  47 ;  16 
L.R.A. (N.S.)  146;  21  L.R.A. (N.S.)  601. 

Liability  of  railway  companies  for  negli- 
gence of  servants  who  transmit  orders 
or  see  that  they  are  carried  out.  54 
L.R.A.  95. 

Master's  liability  for  injuries  due  to  co- 
servant's  violation  of  rules.  43  L.R.A. 
373. 

Master's  liability  for  injury  done  by  serv- 
ant to  fellow  servant  in  use  of  danger- 
ous agencv  placed  in  his  custody.  10 
L.R.A.  (N,S.)    371. 

Negligence  of  servant  jn  sending  out  unsafe 
street  cars  causing  injury  to  other 
servants.     1  L.R.A. (N.S.)   670. 

Liability  dependent  on  nature  of  negligent 
act  of  so-called  train  despatcher.  7 
L.R.A. (N.S.)   656. 

§  156.  Liability  for  any  negligence  in- 
volving breach  of  one  of  his  per- 
sonal  duties. 

Generally.     54  L.R.A.  40. 

Various  forms  in  which  the  master's  re- 
sponsibility is  stated.     54  L.R.A.  40. 

Subsidiary  consequences  deduced  from  the 
general  principle.    54  L.R.A.  45. 

Rationale  of  the  doctrine  of  nondelegable 
duties.     54  L.R.A.  46. 

Master  sometimes  liable  both  on  account  of 
the  character  of  the  negligent  act  and 
the  official  position  of  the  negligeni 
servant.    64  L.R.A.  51. 

Doctrine  of  nondelegable  duties  applicable 
to  artificial  persons.    54  L.R.A.  51. 

Servants  of  contractors,  when  precluded 
from  availing  tliemselves  of  the  doc- 
trine in  actions  against  their  masters; 
54  L.R.A.  51. 


MASTER  AND  SERVANT,  III.  d,  3  (c)  (2) 

— cont'd 

Delegation  of  personal  duties  to  an  inde- 
pendent contractor,  effect  of.  54  L.R.A. 
52;  20  L.R.A. (N.S.)   793. 

Same  subject  continued;  opposing  doc- 
trines discussed.     54  L.R.A.  55. 

Massachusetts  doctrine  not  identical  with 
that  of  other  states.     54  L.R.A.  56. 

Servants  may  act  in  a  dual  capacity.  54 
L.R.A.  59. 

Pleading.     54  L.R.A.  61. 

Burden  of  proof.     54  L.R.A.  61. 

Propriety  of  instructions.     54  L.R.A.  62. 

Functions  of  court  and  jury.     54  L.R.x'^.  63. 

§  15  7.  Nonliability  for  negligence  iu 
respect  to  details  of  the  work. 

Generally.  54  L.R.A.  106. 

Supervision  of  details  not  a  master's  duty. 

54  L.R.A.  108. 
Merely  ti'ansitory  perils;  master  not  bound 

to    protect    the    servant    against.       54 

L.R.A.  109. 
Dangers    caused    by    the    progress    of    the 

work ;     master '  not    bound    to    protect 

servant  against.     54  L.R.A.  109. 
Preparation   or  care    of    instrumentalities; 

master  not  responsible  for,  where  these 

functions  are  a  part  of  the  work  to  be 

done.     54  L.R.A.  110. 
Negligent  use  of  safe  appliances  by  fellow 

servant;     master     not    responsible    for. 

54  L.R.A.  111. 
Rationale    of    doctrine    exempting    master 

from  liability  for  negligence    in    carry- 
ing   out    the    details,  of  the  work,     54 

L.R.A.  112. 
Pleading.  54  L.R.A.  114. 
Instructions.     54  L.R.A.  114. 
Functions  of  court  and  jury  in  passing  upon 

evidence.     54  L.R.A.  114. 
Explanation  of  classification    of    the    cases 

cited     in     the     ensuing     sections.       54 

L.R.A.  115. 

§  158.  Nonliability  for  negligence  in- 
volving merely  the  use  of  the  in- 
strumentalities. 

Orders  respecting  the  use  of  the  instru- 
mentalities.    54  L.R.A.   116. 

Choice  of  particular  methods  of  work.  54 
L.R.A.  117. 

Disposition  of  the  force  of  employees  avail- 
able for  the  work  in  hand.  54  L.R.A. 
117. 

Assigning  servants  to  work  for  which  tliey 
are  unfitted.     54  L.R.A.  118. 

Negligence  in  sending  servants  into  abnor- 
mally dangerous  places  without  warn- 
ing.    54  L.R.A.  118. 

Failing  to  warn  servants  as  to  dangers  aris- 
ing from  the  execution  of  the  details  of 
the  work.    54  L.R.A.  120. 

Absence  from  the  post  of  duty.  54  L.R.A. 
121. 

Selecting  an  imperfect  appliance  from  the 
stock  available.     54  L.R.A.  121. 

Failing  to  use  the  instrumentalities  fur- 
nished by  the  master.     54  L.R.A.  122. 

Negligence  in  failing  to  discard  a  defective 
for  a  suitable  instrumentality.  54 
L.R.A.  123. 


Begin  ivith  this  hoolc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


903 


MASTER  AND  SERVANT,  III.  d,  3    (c), 

(2)— cont'd 
Using    instrumentalities    in    a    manner    not 
contemplated    nor     autliorized     by    the 
master.     54  L.R.A.  123. 
•Giving  of  signals.     54  L.R.A.  124. 
Negligence     in     carrying    out    the    express 
orders  or   regulations  of  the  mas- 
ter.    54  L.R.A.  125. 
Failure  to  give  instructions.    54  L.R.A.  127. 
Isegligence    in   manipulation   of   the   instru- 
mentalities during  the  progress  of 
the  work.    54  L.R.A.  327. 
Isegligence  in  the  transmission  of  the  mas- 
ter's    orders    to    otlier    servants.       54 
L.R.A.  134. 

§  159.  Nonliability  for  ncRlisence  in 
preparation  or  structural  modifica- 
tion of  instrumentalities  or  tlieir 
parts. 

Negligence  which  produces  structural  un- 
safety  of  a  temporary  character. 
54  L.R.A.  137. 

2fegligence  in  failing  to  adjust  or.  secure 
instrumentalities  or  their  parts  while 
in  use.     54  L.R.A.  140. 

Iv^egligence  in  the  preparation  of  temporary 
structures  or  other  instrumentali- 
ties as  a  part  of  the  work;  general 
rule.     54  L.R.A.  142. 

Rationale  and  limits  of  a  master's  exemp- 
tion from  liability  for  the  adjustment 
or  preparation  of  instrumentalities.  54 
L.R.A.  144. 

Special  circumstances  not  affecting  the  ex- 
tent of  the  master's  liability.  54 
L.R.A.  147. 

When  the  delinquency  is  deemed  not  to  be 
in  respect  to  the  details  of  the  work. 
54  L.R.A.  150. 

Appliance  furnished  by  the  master  in  per- 
son.    54  L.R.A,  150. 

Implied  undertaking  to  supply  instru- 
mentality in  a  completed  condition.  54 
L.R.A.   150. 

Suitable  materials  not  furnished.  54  L.R.A. 
152. 

Servants  not  left  free  as  to  the  selection  of 
the  materials.     54  L.R.A.  152. 

Permanent  character  of  the  instrumentality 
relied  upon.     54  L.R.A.  152. 

Adjustment  treated  as  a  nondelegable  func- 
tion.    54  L.R.A.  152. 

Operation  not  one  of  the  transitory  class. 
54  L.R.A.  152. 

Master's  liability  for  failure  of  employees 
exercising  superintendence  to  furnish 
proper  appliances.     58  L.R.A.  46. 

8  160.  lilabillty  for  injuries  due  to  dc« 
fects  in  appliances  prepared  b.v 
fellow  servants. 

Duty  of  master  to  furnish  safe  appliances 
as  affected  by  fact  that  defective 
appliances  are  prepared  by  fellow 
servants.  3  L.R.A.  (N.S.)  500;  4 
L.R.A.  (N.S.)  220. 

Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  III.  d,  3    (c), 

( 2 )  —cont'd 
§    161.  Nonliability    for    negligence    of 

coservants    charged    with    dut.v    of 

keeping  instrumentalities  in  proper 

condition. 
Theory   that   a   master   is   never   liable   for 

negligence  in  regard  to  inspection  and 

repairs.     54  L.R.A.  153. 
Theory  that  the  liability  of  the  master  de- 
pends on  the  subject-matter  of  the 
inspection  or  repairs  neglected.    54 
L.R.A.  156. 
Master  liable  where  the  delinquent  servant 

was   engaged    in   a    different    class    of 

work.     54  L.R.A.  162. 
Negligence  in  failing  to  replace  an  unsound 

bv  a  sound  appliance,  when  master  not 

liable  for.     54  L.R.A.  162. 
All  employees  engaged  in  repairing  regard- 
ed   as    coservants    of  each   other.     54 

L.R.A.  163. 

§    162.  Doctrine  as  to  details  of  work 
no  protection  to  master,  when  his 
own    negligence   or    that   of   a    vice 
principal,  was  an  eflficient  cause  of 
the  injury. 
Master  liable  where  he  or  his  vice  principal 
directed    the    details  of  the  work.     54 
L.R.A.  164. 
Master    liable    where    his    own    negligence 
intervenes   as    a    proximate    cause    be- 
tween   a    delinquent    coservant's    negli- 
gence and  the  injury.    54  L.R.A.  165. 
Master    liable    where    his    own    antecedent 
negligence  and  a  subsequent  delinquen- 
cy   of    a    coservant    are    both    efficient 
causes   of  the   injury.     54   L.R.A.   167. 
Illustrative  cases   as   to    concurrent    negli- 
gence.    54  L.R.A.   168. 
Master's  liability  determined  with  reference 
to    the    question    whether    the    co- 
servant's    delinquency    did    or    did 
not   break  the  chain  of  causation. 
54  L.R.A.  174. 

§    162a.  Railroad  cases. 

Master's  nonliability  for  coservant's  negli- 
gence in  respect  to  defects  in  railway 
tracks.     54  L.R.A.  137. 

Master's  nonliability  for  coservant's  negli- 
gence in  respect  to  inspection  and  re- 
pair of  railway  tracks.     54  L.R.A.  158. 

Master's  nonliability  for  coservant's  negli- 
gence in  inspection  and  repair  of 
rolling  stock.     54  L.R.A.  158. 

Master's  nonliability  for  coservant's  negli- 
gence as  to  inspection  of  loads  on  rail- 
way cars.     54  L.R.A.  161. 

Master's  liability  for  coservant's  negligence 
in  respect  to  defective  roadbed  or  rail- 
ways.    54  L.R.A.  169. 

Master's  liability  for  coservant's  negligence 
in  respect  to  defective  switches.  54 
L.R.A.  170. 

Master's  liability  for  coservant's  negligence 
in  respect  to  dangerous  objects  close  to 
railway  tracks.    54  L.R.A.  170. 

Master's  liability  for  coservant's  negligence 
in  respect  to  making  up  of  trains.  51 
L.R.A.  170. 


904 


INDEX  TO  L.K.A.  NOTES. 


MASTER  AND  SERVANT,  III.  d,  3    (c), 

(2)— cont'd 
Master's  liability  for  coservant's  negligence 

in  respect  of  defective  railway  car.     54 

L.R.A.  171. 
Master's  liability  for  coservant's  negligence 

in  respect  to  defective  locomotives.     54 

L.R.A.  171. 
Master's  liability  for  coservant's  negligence 

in   respect  to  defective  hand  cars.     54 

L.R.A.  172. 

(3)    Delegation    of    master's    duty. 

§    163.  Generally. 

Conflict  of  laws,  as  to.     56  L.R.A.  222. 

Rationale  of  doctrine  of  nondelegable 
duties.     54  L.R.A.  46. 

Doctrine  of  nondelegable  duties  applicable 
to  artificial  persons.     54  L.R.A.  51. 

Adjustment  of  instrumentalities  for  use  of 
employees  treated  as  a  nondelegable 
function.     54  L.R.A.   152. 

Duty  to  use  care  in  giving  orders  as  non- 
assignable duty  of  master.  51  L.R.A. 
543.  ' 

Master's  liability  for  breach  of  nondelegable 
duties  by  any  superior  servant.  51 
L.R.A.  588. 

Nondelegable  duties  of  employers  of  line- 
men.    30  L.R.A.  (N.S.)   49. 

Doctrine  that  train  despatchers  are  vice 
principals.     54  L.R.A.  91. 

Doctrine  that  train  despatchers  are  not 
vice  principals.     54  L.R.A.  95. 

Effect  on  master's  liability  to  servant  of 
delegation  of  personal  duty  to  inde- 
pendent contractor.  54  L.R.A.  52;  20 
L.R.A.(N.S.)   793. 

Liability  of  master  for  injury  or  death  of 
servant  tlirough  competent  employee 
delegating  his  duties  to  an  incompe- 
tent fellow  servant.  15  L.R.A. (N.S.) 
439. 

§   164.  As  to  rules  and  regulations. 

Assignment  of  duty  of  making  and  publish- 
ing rules  for  conduct  of  business.     43 
L.R.A.   342. 
Nondelegability  of  duty  to  frame  rules  and 
regulations  for  conduct  of  business. 
54  L.R.A.  86. 
Master's  liability  for  coservant's  negligence 
in   seeing  that  regulations   are  carried 
out.     54  L.R.A.   173. 

§  165.  As  to  warning  or  Instructing 
servant. 

Duty  to  impart  information  as  to  per- 
manent dangers  normally  incident  to 
the  work  at  the  time  it  is  entered  upon. 
54  L.R.A.  96. 

Duty  to  ■  impart  information  as  to  perma- 
nent dangers  superadded  to  the  envi- 
ronment after  the  work  has  begun.  54 
L.R.A.   98. 

Duty  to  warn  as  to  dangers  of  the  transi- 
tory class  occasionally  supervening 
during  the  progress  of  the  work.  54 
L.R.A.  100. 

Master's  liability  for  coservant's  negligence 

,  in  sending  servants  into  abnormally 
dangerous  places  without  warning.  54 
L.R.A.  118. 


MASTER  AND  SERVANT,  III.  d,  3  (c), 
(3) — cont'd 

Master's  liability  for  vice  principal's  failure 
to  warn  servants  as  to  dangers  from 
execution  of  details  of  work.  54  L.R.A. 
120. 

Master's  liability  for  vice  principal's  negli- 
gence in  failing  to  give  instructions. 
54  L.R.A.  127. 

Master's  liability  for  vice  principal's  negli- 
gence in  starting  machinery  without 
warning.     54  L.R.A.  131. 

Master's  liability  for  injury  due  to  failure 
of  superintending  employee  to  warn 
servant  as  to  existence  of  an  abnormal 
danger.     58  L.R.A,  46. 

Is  the  duty  of  the  master  to  instruct  or 
warn  servants  delegable.  26  L.R.A. 
(N.S.)   624. 

Nondelegability  of  duty  of  instructing  in- 
experienced linemen.  30  L.R.A.  (N.S.) 
50. 

Is  duty  of  railroad  or  street  railway  com- 
pany with  respect  to  signals  or  warn- 
ings a  delegable  one.  54  L.R.A. 
124;   10  L.R.A.(N.S.)    1103. 

Master's  liability  for  coservant's  negligence 
in  failing  to  notify  as  to  abnormal 
dangers.     54  L.R.A.  173. 

Duty  to  tell  employee  when  ordered  to  per- 
form special  service  to  give  warning  to 
coemployees.      1    L.R.A.  (N.S.)    669. 

Servant  charged  with  duty  to  warn  other 
servants  of  danger  as  a  vice  principal. 
4  L.R.A.  (N.S.)    1161. 

§    16  6.  As  to  place  and  appliances. 

Duties  imposed  by  statute.     54  L.R.A.  63. 

Duties  to  see  that  the  unintelligent  in- 
strumentalities of  the  work  are  rea- 
sonably safe;  general  rule  stated.  54 
L.R.A.   65. 

Duty  to  see  that  the  unintelligent  instru- 
mentalities of  the  work,  as  orig- 
inally supplied,  satisfy  the  legaV 
standard  of  safety.     54  L.R.A.  67. 

Duty  to  see  that  the  unintelligent  instru- 
mentalities are  maintained  in  a 
suitable  condition  for  the  work  to 
be  done.     54  L.R.A.  74. 

Difference  between  the  extent  of  a  master's 
responsibility  for  original  supply  and 
subsequent  maintenance.     54  L.R.A.  81. 

Duty  to  see  that  worn-out  or  otherwise  de- 
fective parts  of  instrumentalities  are 
replaced  by  suitable  substitutes.  54 
L.R.A.  82. 

Duty  to  furnish  proper  medical  treatment 
to  sick  or  injured  servants.  54  L.R.A. 
83. 

Master's  duty  to  guard  maehinerv  as  a 
deleg.able  one.     17  L.R.A.  (N.S.)'  568. 

Delegability  of  master's  duty  to  instruct  or 
warn  servants  as  to  maehinerv,  tools, 
or  appliances.    26  L.R.A.  (N.S.) '629. 

Delegability  of  master's  duty  to  instruct  or 
warn  servants  as  to  working  place  and 
perilous  operations.  26  L.R.A. (N.S.) 
633. 


Begin  -with  this  honlc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


9Qd 


MASTER  AND  SERVANT,  III.  d,  3    (c), 

(3) — cont'd 
§   16  7,  — railroad    and    street    railway 

cases. 

Nondelegable  duties  as  to  defective  locomo- 
tives.    54  L.R.A.  71,  79. 

Nondelegable  duties  as  to  defective  railway 
tracks.     54  L.R.A.  75. 

Nondelegable  duties  as  to  dangerous  condi- 
tions along  side  railway  tracks.  54 
L.R.A.    76. 

Delegability  of  duty  as  to  defects  in  bridges, 
trestles,  etc.     54  L.R.A.  69. 

Nondelegable  duties  as  to  keeping  railway 
cars  stationary  when  not  in  use.  54 
L.R.A.  79. 

Determining  the  order  of  cars  in  a  train  as 
a  delegable  duty.  18  L.R.A.  (N.S.) 
279. 

Is  the  duty  of  a  railroad  or  street  railway 
company  with  respect  to  signals  or 
warnings  a  delegable  one;  54  L.R.A. 
124;   10  L.R.A. (N.S.)    1103. 

Delegability  of  duty  as  to  method  of  loading 
cars.    '54  L.R.A.  78. 

Nondelegable  duties  as  to  defective  railway 
cars.     54  L.R.A.  71,  79. 

Duty  to  keep  switch  closed,  as  a  delegable 
one.     17  L.R.A. (N.S.)   542. 

§    168.  —as  to  inspection. 

Theory   that   master's   liability   depends   on 
subject-matter  of  inspection.    54  L.R.A. 
156. 
Assignability  of  the  duty  of  inspection.    41 

L.R.A.  109. 
Nondelegability  of  duty   to   inspect  instru- 
mentalities.    54   L.R.A.    101. 
Nondelegable  duties  of  employers  of  linemen 
as  to.    30  L.R.A. (N.S.)  50. 

§  169.  As  to  employing  fellow  serv- 
ants —  competency. 

Nondelegability    of    duty    to    hire    suitable 

servants.     54   L.R.A.   83. 
Nondelegability  of  duty  of  selecting  fellow 

servants  of  linemen.     30  L.R.A. (N.S.) 

50. 

§    169a.  — adequate  number. 

Master's  liability  for  coservant's  negligence 
in  failing  to  employ  an  adequate  num- 
ber of  servants.     54  L.R.A.  173,  178. 

Nondelegable  duty  to  employ  servants  suffi- 
cient in  number  for  work  in  hand.  54 
L.R.A.  85. 

Liability  of  master  for  failure  of  foreman 
to  designate  enough  hands  to  perform 
work.     40  L.R.A. (N.S.)   918. 

IV.  Liability  of  master  to  third  person. 

a.  For  acta  of  servants  or  agents. 

J.  In  general, 

8   170.  Generally. 

Liability  as  affected  by  question  whether 
relation  exists,  see  supra,  §§  21,  22. 

Joint  liability  of  master  and  servant  for 
latter's  acts,  see  infra,  §  199. 

Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  IV.  a,  1— cont'd 

Liability  of  carrier  for  torts  of  servant,  see 
Cabkieks,  §§  10a,  14,  15a,  30-35.  53. 

Criminal  responsibility  for  acts  of  servant, 
see  Criminal  Law,  §  29;  Intoxicat- 
ing L1Q10U.S,  §  23. 

Punitive  damages  for  act  of  servant,  see 
Damages,  §  14. 

Liability  for  injury  by  horse  used  by  serv- 
ant, see  Horses,  §  12. 

Liability  for  negligence  of  nurse  or  at- 
tendant at  hospital,  see  Hospitals,  §  4. 

Innkeeper's  liability  for  acts  of  servant,  see 
Innkeepers,  §   11. 

Landlord's  liability  for  acts  of  tenant's  serv- 
ants, SCO  Landlord  and  Tenant,  §  61. 

Employer's  liability  for  maintenance  of  nui- 
sance, see  Nuisances,  §  13. 

Liability  for  acts  of  master  of  vessel,  see 
Shipping,  §  12. 

Liability  of  vessel  or  owner  for  acts  of  em- 
ployees, see  Shipping,  §  13. 

Master's  liability  for  trespass,  see  Tres- 
pass, §  8. 

Trustee's  liability  for  negligence  of  servant, 
see  Trusts,  §  26. 

Liability  for  acts  of  watchman,  see  Watch- 
men, §  3. 

Imputing  servant's  negligence  to  master. 
8  L.R.A.  (N.S.)   635;  L.R.A.1915A,  763. 

Liability  to  employees  of  contractor  for  in- 
jury caused  by  owner's  servants.  26 
L.R.A.  527. 

Responsibility  of  owner  of  motorcycle  for 
its  negligent  operation  by  an  employee. 
L.R.A. 1918C,  656. 

Care  necessary  in  selection  of  person  operat- 
ing passenger  elevator.  2  L.R.A. (N.S.) 
751;  L.R.A.1915E,  726. 

For  wrongful  appropriation  by  servant  of 
thing  bailed.     29  L.R.A.  92. 

Master's  liability  for  injury  to  child  invited 
into  place  of  danger  -by  employee.  4 
L.R.A.  (N.S.)    804. 

Liability  of  master  for  injury  to  person  rid- 
ing with  servant  by  latter's  invitation 
or  permission,  L.R.A.1917F,  425. 

Liability  of  owner  of  vehicle  for  injury  to 
child  invited  to  ride  by  driver.  46 
L.R.A.  (N.S.)     199. 

Liability  of  master  where  servant  invites 
or  permits  children  to  ride  on  en- 
gine or  cars.    L.R.A.1915E,  888. 

When  knowledge  of  servant  as  to  vicious 
character  of  dog  chargeable  to  master. 
24  L.R.A. (N.S.)  463. 

Liability  of  master  for  negligent  injury  to 
third  person  through  personal  contact 
with  servant.     47  L.R.A. (N.S.)   142. 

Does  fact  that  a  drug  clerk  is  a  licensed 
pharmacist  relieve  his  employer  from 
liability  for  his  negligence  or  lack  of 
skill.     39  L.R.A.(N.S.)    276. 

Master's  liability  where  result  of  servant's 
abuse  of  authority  will  be  serious,  or 
temptation  to  abuse  is  strong.  27 
L.R.A.  199. 

Master's  liability  for  servant's  neglect  or 
disobedience  of  statutory  requirements. 
27  L.R.A.  201. 


906 


INDEX  TO  L.E.A.  NOTES. 


MASTER  AND  SERVANT,  IV.  a,  1— cont'd 

Question  for  jury  as  to  master's  liability 
for  servant's  wrongful  or  negligent  act 
toward  third  person.     27  L.R.A.  202. 

Effect  on  master's  liability  for  injury  by 
servant  to  third  person,  of  latter's  con- 
tribution to  injury.     27  L.R.A.  202. 

Penal  liability  for  act  of  servant.  41  L.R.A. 
650. 

Criminal  responsibility  for  sale  of  intoxicat- 
ing liquor  by  servant.  16  L.R.A.  (N.S.) 
786;  20  L.R.A.(N.S.)  321;  33  L.R.A. 
(N.S.)   419. 

Liability  of  private  person  or  corporation 
for  acts  of  special  police  officer  appoint- 
ed by  public  authority.  23  L.R.A. 
(N.S.)  289;  30  L.R.A. ('N.S. )  481;  39 
L.R.A.  (N.S.)  122;  43  L.R.A.(N.S.) 
1164;   L.R.A.1915C,   1183. 

Evidence  of  servant's  character  in  action 
against  master.     14  L.R.A. (N.S.)   756. 

§  171.  Liability  of  particular  kinds  of 
employers. 

Liability  of  owner  of  automobile  in  hands 
of  servant,  see  Automobiles,  §  3. 

Liability  of  bank  for  acts  of  officers  or  em- 
ployees, see  Baxks,  IV. 

Carrier's  liability  for  ejection  of  trespasser 
or  passenger  by  employee,  see  Carbiebs, 
§§  30-35. 

Carrier's  liability  for  acts  of  employees  to- 
ward passengers,  generally,  see  Car- 
biebs, III.  especially  §  53.  " 

Liability  of  charitable  institution,  see 
Chabities,  §  12. 

Liability  of  corporations,  see  Cobpobations, 
§  38. 

Liability  of  county,  see  Counties,  §  8. 

Liability  of  hospitals,  see  Hospitals,  §  4. 

Liability  of  municipality  for  negligence  of 
its  officers  or  employees,  see  Municipal 

COBPOBATIONS,   §   81. 

Liability  of  school  corporation  for  torts  of 
employees.     49   L.R.A. (N.S.)    1026. 

Liability  of  bailee  (other  than  a  common 
carrier  or  innkeeper)  for  theft  com- 
mitted by  servant.    4  B.  R.  C.  562. 

Liability  of  postmaster  or  mail  contractor 
for  mail  lost  or  stolen  through  acts  of 
subordinates.     L.R.A. 1915A,  374. 

Liability  of  union  depot  company  for  negli- 
gence of  its  own  or  carrier's  employees. 
33  L.R.A.(N.S.)    433. 

Liability  of  railroad  company  for  act  of 
employee  in  inviting  pedestrian  to  cross 
train  obstructing  highway.  13  L.R.A. 
(N.S.)  1071:  34  L.RA.(N.S.)  469; 
L.R.A.1917E,  823. 

Liability  of  railroad  company  for  personal 
injuries  by  object  thro^vn  from  moving 
train.  6  L.R.A.(N.S.)  581;  L.R.A. 
1917B,  916. 

Personal  liability  of  highway  officers  for 
acts  of  their  employees.  22  L.R.A.  833; 
52  L.R.A. (N.S.)   151. 

Liability  of  triistee  for  torts  or  negligence 
of  servants.     63  L.R.A.  227. 

Master's  liability  for  negligence  in  driving 
ambulance.  "  .38  L.R.A.(N.S.)   481. 

Begin  toith  this  boolc  on  ex'ery  laic  question. 


MASTER  AND  SERVANT,  IV.  a,  1— cont'd 

Responsibility  of  one  hiring  convict  labor 
for  acts  of  laborer.  12  L.R.A. (N.S.) 
317. 

Liability  for  personal  injury  caused  by  dis* 
trict  messenger.     L.R.AJ918D,  360. 

Duty  and  liability  for  conduct  of  messen- 
gers furnished  for  use  of  others.  2 
L.R.A.  (N.S.)    1091. 

Dut}'  and  liability  of  garage  keeper  to  own- 
er of  car  for  acts  of  servant.  45  L.R.A. 
(N.S.)   314. 

Liability  of  detective  agency  for  acts  of  its 
employees.     L.R.A. 1918D,  575. 

Liability  of  landlord  to  tenant  for  damage 
by  water  resulting  from  negligence  of 
competent  workmen  employed  bv  the 
landlord.     L.R.A. 1917B,  229. 

Responsibility  of  infant  for  tort  of  his 
servant  or  agent.  51  L.R.A.  i  N.S. ) 
1092. 

Liability  of  lunatic  for  torts  of  employee. 
42  L.R.A.(N.S.)   87. 

§    172.  Assault,  abuse. 

Liability  of  carrier  for  assault  by  employee 
on  passenger,  see  Carriers,  §   14. 

Liability  for  assaults  bv  servants.  14 
L.R'.A.  737;  27  L.R.A.*196. 

May  assault  growing  out  of  quarrel  com- 
menced while  employee  is  acting  within 
scope  of  his  employment,  be  regarded  as 
a  personal  act  of  the  employee  for  which 
employer  is  not  liable.  9  L.R.A.  i  N.S. ) 
475. 

Liability  of  master  for  assault  by  servant 
sent  to  recover  property.  6  L.R.A. 
(N.S.)   567. 

Liability  of  master  for  assault  by  servant 
or  agent  in  collecting  debts.  51  L.R.A. 
(N.S.)   920. 

Liability  of  innkeeper  or  restaurant  keeper 
for  assault  by  his  servant  upon  a  pa- 
tron. 12  L.R.A.(N.S.)  1155;  L.R.A. 
1918E,  708. 

Liability  for  assault  or  abuse  by  employees 
at  place  of  amusement.  L.R.A. 1916E, 
914. 

Master's  liability  for  injuries  by  assault 
on  employee  by  other  employees.  52 
L.R.A. (N.S.)   388. 

Liability  of  master  for  abusive  language 
by  servant  toward  third  person.  L.R.A^ 
1915F,  516. 

§  173.  Arrest,  imprisonment,  or  ma- 
licious prosecution. 

Carrier's  liability  for  arrest  of  pas.senger 
by  employee,  see  Carriers,  §  15a. 

Master's  liability  for  servant's  act  in  caus-^ 
ing  arrest,  see  False  Imprisonme.nt,. 
§3. 

Liability  for  false  arrest,  imprisonment,  or 
malicious  prosecution  bv  servant.^ 
14  L.R.A.  791;  27  L.R.A.  195. 

Liability  of  principal  for  malicious  prose- 
cution, false  arrest,  or  false  imprison- 
ment by  agent  authorized  to  collect  a 
debt.     51  L.RJk.(N.S.)   471. 


INDEX  TO  L.R.A.  NOTES. 


907 


MASTER  AND  SERVANT,  IV.  a,  1— cont'd 
Liability  of  master  for  arrest  or  false  im- 
prisonment by  servant  employed  as  de- 
tective, policeman,  or  watcliman.  4 
L.R.A.(N.S.)  282;  28  L.R.A.(N.S.) 
88;  L.R.A.1916F,  1249. 
Liability  of  private  person  or  corporation 
for  acts  of  sjiecial  ])olice  officer  ap- 
pointed bv  public  autlioritv.  23  L.R.A. 
(N.S.)  289:  30  L.R.A. (N^.S.)  481;  39 
L.R.A.(N.S.)  122;  43  L.R.A.  (N.S.) 
1164;   L.R.A.1915C,  1183. 

§    174.  Slander  or  libel. 

Lialtility  of  master  for  slander  bv  servant. 
9  L.R.A. (N.S.)   929;  L.R.A.1916E,  774. 
i Liability  of  corporation  for  slander  by  the 
agent    or    cmplovee.      21    L.R.A. (N.S.) 
873. 
Liability  of  employer  other  than  proprietor 
of    publication,    for    libel    by    em- 
ployee.     L.R.A.191aD,   8ti7. 
Liability     of     corporation      for     libel. 
L.R.A.1915D,  867;   6  B.  R.  C.  681. 
Punitive  damages  for  libel  by  servant.     48 
L.R.A.  (N.S.)   62. 

§    175.  Sportive  acts. 

Liability  for  injury  to  passenger  by  sport- 
ive act  of  servant.  3  L.R.A. (N.S.) 
605. 

Master's  liability  for  injuries  inflicted  on 
emplovee  in  sport  by  other  employees. 
34  L.R.A. (N.S.)  109;  52  L.R.A. (N.S.) 
385;  L.R.A.1918A,  118. 

Liability  of  employer  for  injury  to  em- 
plovee bv  air  forced  into  bodv  by  other 
employees.     L.R.A.1918E,  508. 

Recovery  under  Workmen's  Compensation 
Act  for  injuries  caused  by  sportive  acts. 
L.R.A.1918E,  504. 

Liability  of  master  for  injury  from  the 
sportive  manner  in  which  a  servant  per- 
forms an  act  done  in  the  discharge  of 
his  duty.     13  L.R.A.  (N.S.)   1193. 

§    17  6.  Malicious  acts. 

Master's  civil  responsibility  for  malicious 
acts  of  servant  towards  one  having  no 
claim  on  master  by  reason  of  contract, 
incipient  or  perfected.     27  L.R.A.  184. 

Liability  of  master  for  malicious  act  of 
servant  when  master  owes  special 
duty  to  party  injured.  4  L.R.A. 
(N.S.)    485. 

Master's  liability  for  injuries  maliciously 
inflicted  on  employee  by  other  em- 
ployees. 34  L.R.A.  (N.S.)  109;  52 
L.R.A.(N.S.)   385;  L.R.A.1918A,  118. 

Railroad  company's  liability  for  malicious 
refusal  of  freight  agent  to  deliver 
freight.     7  L.R.A. (N.S.)    926. 

Effect  of  malice  on  master's  liability  for  in- 
jury done  by  servant  to  third  person  in 
use  of  dangerous  agency  placed  in  his 
custody.     10  L.R.A. (N.S.)  401. 

Evidence  of  fellow  servant's  malice,  in  ac- 
tion by  injured  servant.  14  L.R.A. 
(N.S.)    772. 

§    17  7.  Dangerous  agency. 

Liability  for  injury  by  automobile  operated 

by  servant,  see  Automobiles,  §  3. 
Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  IV.  a,  1— cont'd 
Liability  for  injury  by  electricity,  see  Elec- 
tricity, §  14. 
Liability  for  injury  by  explosion,  see  Ex- 
plosions AND  Explosives,  §  8. 

Liability  of  master  for  injury  done  by  serv- 
ant to  third  person  in  use  of  dan- 
gerous  agencv    placed    in    his    cus- 
tody.     27    L.R.A.    200;  .10   L.R.A. 
(N.S.)   367. 
Liability  of  master  for  act  of  servant  in  set- 
ting out  fire  while   clearing  land.     47 
L.R.A.(N.S.)    1116. 
Responsibility   of   owner   of  motorcycle   for 
its  negligent  operation  by  an  employee. 
L.R.A.1918C,  656. 
Liability  of  employer  for  injury  to  employee 
by  air  forced  into  body  by  compressed 
air  hose   in  hands  of  other  employees, 
L.R.A.1918E,  508. 

§    17  8.  —locomotives. 

General  rules.     10  L.R.A. (N.S.)   383. 

Laws  with  reference  to  passengers  and  plat- 
forms.    10  L.R.A.  (N.S.)    384. 

With  reference  to  stranger.  10  L.R.A. 
(N.S.)    385. 

Locomotive  as  dangerous  agency  for  injury 
by  which,  when  used  by  servant,  master 
is  liable.  10  L.R.A. (N.S.)  372,  383, 
399. 

§    17  9.  Child  acting  as  servant. 

Liability  of  parent  as  such,  see  Parent  and 
Child,    §    10. 

Parent's  liability  for  tort  of  minor  child 
where  relation  of  master  and  serv-j 
ani  exists.     10  L.R.A. (N.S.)   938. 

§  180.  Effect  of  servant's  acts  on  ques- 
tion of  contributory  negligence  <.f 
person  injured. 

Negligence  in  alighting  from  moving  train 
by  direction  or  invitation  of  those  in 
charge.  22  L.R.A.(N.S.)  751;  L.R.A. 
1915C,  184. 

Negligence  in  boarding  moving  train  by  di- 
rection of  employee.  22  L.R.A.  (N.S. ) 
759. 

Effect  of  permission  or  knowledge  of  train 
employee  on  contributory,  negligence  in 
attempting  to  cross  a  train  standing  ou 
a  crossing.     13  L.R.A. (N.S.)    1067." 

Responsibility  of  general  employer  for  neg- 
ligence of  employee  in  operating  eleva- 
tor for  convenience  of  workmen  not  in 
former's  employ.    L.R.A.1917E,  964. 

2.  Scope  of  etnplbynient;  disobedience 
of  orders, 

§   181.  Generally. 

Master's  civil  responsibility  for  the  wrong- 
ful or  negligent  act  of  his  servant 
or  agent  towards  one  who  has  no 
claim  upon  the  master   by   reason 
of  a  contract  incipient  or  perfected. 
27  L.R.A.  161. 
Express  authority  to  certain  train  employ- 
ees  to  eject  trespassers   as   negativing 
implied   authority   of   other  emplovecg. 
32  L.R.A.(N.S.)  '1164. 


908 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  IV.  a,  2— cont'd  i  MASTER  AND  SERVANT,  IV.  a,  2— cont'd 


Inference  of  employee's  authority  to  expel 
trespassers  from  practice  of  doing  so. 
34   L.R.A.(X.S.)    693. 

Liability  of  railroad  company  for  injury 
to  person  wrongfully  on  train  by  collu- 
sion with  a  train  employee.  37  L.R.A. 
(X.S.)    419. 

Liability  of  master  for  injury  to  person  rid- 
ing witii  servant  by  latter's  invitation 
or  permission.    L.R.A. 1917F,  425. 

Liability  where  servant  invites  or  permits 
children  to  ride  on  engine  or  cars. 
L.R.A.1915E,  892. 

May  assault  growing  out  of  quarrel  com- 
menced while  employee  is  acting  within 
scope  of  liis  employment  be  regarded 
as  a  personal  act  of  the  employee  for 
which  employer  is  not  liable.  9  L.R.A. 
(S.S.)    475. 

Failure  of  master  to  prevent  practice  by 
employees  not  in  performance  of  any 
dutv  owed  to  him  as  ground  of  lia- 
bility.     32    L.R.A.  (N.S.)    1038. 

Liability  of  master  for  assault  by  servant 
sent  to  recover  property.  6  L.R.A. 
.  (N.S.)    567. 

Making  prima  facie  case  of  responsibility 
for  negligence  of  driver  of  automobile 
by  proof  of  defendant's  ownership  of 
car  or  emplovment  of  driver.  46  L.R.A. 
(X.S.)    1091;  L.R.A.1918D,  924. 

Liability  of  master  for  damages  by  fire 
started  by  servant  for  his  own  purposes 
but  incidental  to  work.  49  L.R.A. 
(X.S.)   544. 

Ratification  of  servant's  wrongful  act  by  re- 
taining him  in  service.  L.R.A.1918B, 
155. 


S  182.  Servant  engaged  in  his  own 
business  or  pleasxire. 

Master's  liability  for  injury  by  automobile 
when  used  by  servant  for  his  own  busi- 
ness or  pleasure,  see  Automobiles,  §  3. 

Master's  liability  for  injury  by  horse  when 
used  by  servant  for  his  own  business  or 
pleasure.     9  L.R.A.  (X.S.)   1033. 

Responsibility  of  master  to  third  person  for 
acts  of  employee  in  attempting  to  re- 
cover possession  of  goods  which  he  has 
■  delivered  at  his  own  risk,  without  re- 
ceiving payment  of  charge  against 
same.     21  L.R.A. (N.S.)   884. 

§   183.  For  acts  in  excess  of  authority 
of  servant  sent  to  commit  trespass. 

In  general.  70  L.R.A.  7'31;  18  L.R.A. (N.S.) 
297. 

Eflfect  of  a  trespass  being  an  unlawful  act, 
upon  master's  liability.     70  L.R.A.  731. 

Effect  of  express  instructions  forbidding 
acts  complained  of.     70  L.R.A.  731. 

Eflfect  of  acts  committed  being  criminal, 
upon  presumption  of  authority  there- 
for.    70  L.R.A.  732. 

Acts  within  apparent  scope  of  emplovment. 
70  L.R.A.  733. 

Acts  outside  apparent  scope  of  employment. 
70  L.R.A.  737. 

Begin  iNth  this  booTc  on  every  Jair  question. 


§    184.  Disobedience  of  rules  or  orders. 

Grounds  of  liability  where  servant  is  not 
obeying  orders.    27  L.R.A.  101. 

Master's  liability  for  servant's  acts  within 
scope  of  employment,  notwithstanding 
his  disobedience  of  orders.  27  L.R.A. 
181. 

Violation  by  servant  of  rule  adopted  by  raiU 
way  company  as  evidence  of  negligence 
toward  one  other  than  servant.  L.R.A. 
1917C,  793. 

Liability  of  master  for  tort  committed  by 
servant  in  course  of  bis  employment, 
and  with  a  view  to  the  furtlierance  of 
his  master's  business,  but  contrary  to 
the  master's  express  instructions.  18 
L.R.A.(N.S.)    416. 

b.  For  acts  of  independent  contractor. 
1.  In  general. 

§    18  5.  Generaliy. 

Liability  of  contractor,  see  infra,  §§  196- 
198. 

Liability  for  injury  to  servants  of  inde- 
pendent contractor,  see  infra,  §  202. 

In  mine,  see  Mines,  §  42. 

Liability  of  vessel  or  owner,  see  Shipping, 
§§  15,  16. 

As  to  timber,  see  Timber,  §  7. 

Position  as  servant,  of  person  hired  by  in- 
dependent  contractors.      37    L.R.A.   50. 

Liability  to  servant  of  lessee  of  contractee. 
4  L.R.A.  97. 

Liability  of  master  to  servant  for  failure 
to  provide  independent  contractor  with 
safe   appliances.      1   L.R.A.  (N.S.)    283. 

Exceptions  to  rule  that  employer  is  not 
liable  for  acts  of  independent  contrac- 
tor.     14   L.R.A.   828. 

Liability  of  proprietor  of  place  of  amuse- 
ment for  acts  of  independent  contractor 
or  concessionaire.  32  L.R.A.  (N.S.) 
717;  L.R.A.1915F,  696. 

Municipal  knowledge  of  defect  in  highway 
created  bv  independent  contractor.  20 
L.R.A.  (N.S.)    704. 

Eflfect  of  master's  liability  to  servant,  of 
delegation  of  personal  duty  to.  54 
L.R.A.  52:   20  L.R.A. (X.S.)   793. 

For  acts  6f  independent  contractor  in  con- 
nection witli  water  works  system.  52 
L.R.A.  (N.S.)    467. 


§    186.  General   rule  as   to   absence   of 
liability. 

General  doctrine.     65  L.R.A.  622. 
History  of  the  doctrine.    65  L.R.A.  624. 
Rationale  of  the  doctrine.     65  L.R.A.  632. 
Extent  of  employer's  duty  with   respect  to 

the    supervision    and    direction    of    the 

work.     65  L.R.A.  635. 
Extent  of  duty  of  employer  to  guard  against 

possible  accidents.    65  L.R.A.  639. 

§    18  7.  Where  employer's  own  act  is  a 
proximate  cause  of  injury. 

Generally.     66  L.R.A.  941. 


INDEX  TO  L.R.A.  NOTES. 


90d 


MASTER  AND  SERVANT,  IV.  b,  1— cont'd 

Employment  of  contractor  who  is  incompe- 
tent or  otherwise  unfit.    66  L.K.A.  941. 

Nonperformance  by  employer  of  duties  not 
cast  bv  the  contract  upon  the  contrac- 
tor.    66  L.R.A.  y45. 

Employer's  tortious  act  co-operating  with 
that  of  the  contractor  to  produce  the 
injury.      66   L.R.A.   947. 

Failure  to  remedy  a  nuisance.  66  L.R.A. 
948. 

Active  interference  with  the  work.  66 
L.R.A.  950. 

Employer's  ratification  or  adoption  of  the 
contractor's  tort.    66  L.R.A.  956. 

§    188.  After  master  has  assumed  con- 
trol  of   subject-matter. 

In  general.     3  L.R.A.  (N.S.)   595. 

Necessity  of  showing  that  dangerous  condi- 
tions were  known  to  employer.  3 
L.R.A.(X.S.)   60L 


2.  For    what    acts    of    contractor    em- 
ployer is  liable. 

§    189.  Generally. 

While  working  on  building,  see  Buildings, 

§  11. 

Liability  of  carrier,  see  Carriers,  §  53. 

Liability  for  fires  set  by  independent  con- 
tractor, see  Fires,  §6. 

Liability  of  railroad  company,  see  Rail- 
roads, §  49. 

On  vessel,  see  Shipping,  §  16. 

For  what  torts  employer  is  not  bound  to 
answer.     65  L.R.A.  641. 

Acts  constituting  trespass.     65  L.R.A.  655. 

For  fall  of  wall  or  building  while  in  pos- 
session of  independent  contractor.  34 
L.R.A.  558. 

For  act  affecting  safety  of  highway.  15 
L.R.A.  (N.S.)  845;  17  L.R.A."(N.S.) 
758. 

For  acts  in  setting  out  fire.  17  L.R.A. 
(N.S.)    788:   38  L.R.A. (N.S.)    175. 

For  negligence  in  the  performance  of  con- 
tract requiring  blasting.  14  L.R.A. 
(N.S.)   914;  29  L.R.A. (N.S.)   851. 

For  torts  in  cutting  timber.  16  L.R.A. 
(N.S.)  255. 

Responsibility  of  owner  or  occupier  of 
building  where  operation  of  elevator  is 
let  to  independent  contractor.  32 
L.R.A. (N.S.)   945, 

Right  of  railroad  company  to  delegate  to 
independent  contractor  the  maintenance 
of  gates  or  a  flagman  at  a  street  cross- 
ing.    13  L.R.A. (N.S.)    1177. 

For  acts  of  independent  contractor  in  con- 
nection with  water  works  svstem.  25 
L.R.A. (N.S.)    242. 

For  obstruction  or  defect  in  street  caused 
by  independent  contractor.  20  L.R.A. 
(N.S.)   547. 

Liability  of  part  owner  to  other  owner  for 
damages  fr.im  fall  of  or  injury  to 
party  wall  due  to  negligence  of  inde- 
pendent contractor.     L.R.A. 191 5E,  929. 

Consult  also  L.R.A.   Digestc  of  Cases. 


Z^IASTER  AND  SERVANT,  IV.  b,  2— cont'd 
§    190.   When  injuries  result  from  non- 
performance of   absolute   duties   of 
employer. 

In  general.     66  L.R.A.  120. 

Duty   to   comply    with   statute.     66   L.R.A. 

121. 
Duty  of  municipality  to  keep  highways  in 

safe  condition.     66  L.R.A.   126. 
Duties  imposed  on  grantees  of  special  privi- 
leges in  respect  to  higliways.    66  L.R.A. 
1.34. 
Duties  incident  to  the  exercise  of  corporate 
and    other    franchises.      66    L.R.A. 
136. 
Duty  to  See  that  no  nuisance  is  created  or 

"maintained.      66    L.R.A.    146. 
Duty  to  insure  safety.     66  L.R.A.  147. 
Duty  to  avoid  interfering  with  the  right  of 

lateral    support.     HO   L.R.A.   148. 
Duty  not  to  impede  the  public  use  of  high- 

'ways.     66  L.R.A.  148. 
Duties    assumed    by    express    contract.      06 

L.R.A.   148. 
Duties  arising  out  of  implied  contract.     66 

L.R.A.  150. 
Duty  to  rebuild  party  wall.    66  L.R.A.  154. 

§  191.  Where  work  is  dangerous'  un- 
less certain  precautions  are  ob- 
served. 

Doctrine  stated,  generally.     65  L.R.A.  833. 

Limits  of  the  doctrine.    65  L.R.A.  838. 

Effect  of  stipulation  by  contractor  to  take 
appropriate  precautions.  65  L.R.A. 
841. 

Necessity  of  showing  that  t)ie  contractor 
was  acting  under  the  authority  of  the 
employer.    65  L.R.A.  842. 

Liability  of  employer  where  work  is  dan- 
gerous to  persons  using  highways. 
65  L.R.A.  842. 

Liability  where  work  is  dangerous  to  ad- 
joining landowners.    65  C.R.A.  849. 

Liability  where  work  is  dangerous  to  per- 
sons invited  onto  defendant's  premises. 
65   L.R.A.   855. 

Liability  where  work  is  dangerous  to  ten- 
ants,    65  L.R.A,  855, 

Liability  where  woi'k  is  dangerous  to  own- 
ers of  vessels  navigating  rivers.  •  65 
L,R,A.  855. 

§  192.  Where  negligence  does  not  pro- 
duce  permanently  dangerous  con- 
dition. 

Work  on  railways.  65  L.R.A.  643. 
Work  on  buildings.  65  L.R.A.  643. 
Work  on  highways.  65  L.R.A.  644. 
Work  involving  handling  heavy  articles.    65 

L.R.A.   644. 
Management  of  teams.    65  L.R.A.  644.    . 
^Management  of  vessels.     65  L.R.A.  644. 
Entertainment  at  public  resorts.    65  L.R,A. 

644. 
Loading  or  unloading  of  ships.     65  L.R.A. 

644. 
Blasting  operations.     65   L.R,A.  644. 


•10 


INDEX  TO  L.R.A.  NOTES/ 


^L\STER  AND  SERVANT,  IV.  b,  2— cont'd 
§    193.  Where       negligence       produces 
dangerous    conditions    of    more    or 
less   permanent   character. 

Ill    general.      G5    L.R.A.    646. 
Work  on  railways.     65  L.R.A.  646. 
Construction  of  bridges,  embankments,  and 

dams.     65  L.R.A.  647. 
Construction    of    telegraph    and    telephone 

lines.     65  L.R.A.  648. 
Laying  of  pipe  lines.     65  L.R.A.  648. 
Construction  of  buildings.     65  L.R.A.  648. 
Repairing    or    reconstruction    of    buildings. 

65   L.R.A.  649. 
Demolition  of  buildings.     65  L.R.A.  649. 
Work  performed  on  streets  and  highways. 

65  L.R.A.  650. 
Work  done  on  pr^ijiises  adjacent  to  streets 

ajid  highways,  and  aflfecting  the  safety 

thereof.     65   L.R.A.   652.  . 
Scavenging  work.    65  L.R.A.  653. 
Work  in  harbors.     65  L.R.A.  653. 
Excavation  work.     65  L.R.A.  654. 
Work  involving  the  use  of  fire  for  the  de- 
struction of  timber.     65  L.R.A.  654. 
Work  in  mines.     65  L.R.A.  654. 
Hauling  of  timber.     65  L.R.A.  654. 
Operation  of  ferries.     65   L.R.A.  654. 
Loading  or  unloading  of  ships.     65  L.R.A. 

654., 

§    19  4.  Where    injury    is    direct    result 
of  work  contracted  for. 

In  general.     65   L.R.A.   742. 

Liabilitv  where   stipulated  work    is  illegal. 

65  L.R.A.  746. 
Liability   where   performance   of   work  will 

involve    commission    of    trespass.      65 

L.R.A.   748. 
Liability   where   performance  of  work   will 
necessarily  cause  injury.   65  L.R.A. 
750. 
Liability  where  work  is  done  according  to 

plans     furnished     by     employer.       65 

L.R.A.  754. 
Liability 'where  work  is  done  according  to 

methods    prescribed    by    employer.      65 

L.R.A.  755. 


3.  Who   are  independent  contractors. 

§    195.  Generally. 

Question  for  jury  as  to,  see  Trial,  §  28. 

In  general.  65  L.R.A.  445;  17  L.R.A. (N.S.) 
371. 

Independent  contractors  distinguished  from 
servants  and  agents.     65  L.R.A.   447. 

Persons  acting  in  the  dual  capacity  of  con- 
tractor and  servant  or  agent.  65  L.R.A. 
449. 

Contractors  not  within  purview  of  statutes 
relating  to  servants  or  agents.  65 
L.R.A.  451. 

Character  of  contract  is  tested  by  the  ex- 
istence or  absence  of  a  right  of  control 
on  the  employer's  part.     65  L.R.A.  453. 

Presumptions  entertained  as  to  character  of 
contractor.  65  L.R.A.  459,  461;  17 
L.R.A.(N.S.)  372. 

Liabilitv  arising  from  employment  oi  tug. 
'  65  L.R.A.  471. 

JBegin  -with  this  hook  on  every  law  question. 


:MASTER  and  servant,  IV.  b,  3— cont'd 
Liability  arising  out  of  certain  other  con- 
tracts   of   an    independent   nature.      65 
L.R.A.  474;   17  L.R.A. (N.S.)    375. 
Effect  of  reservation  of  a  limited  power  of 
control.     65  L.R.A.  475;   17  L.R.A. 
(N.S.)    376. 
Effect  in  general  of  reservation  of  full  pow- 
er of  control.     65  L.R.A.  484;    17 
L.R.A. (N.S.)    379. 
Matters    negativing    independence    of    con- 
tractor.    65  L.R.A.  485;   17  L.R.A. 
(N.S.)    379. 
Nature   of  contract  determined   with  refer- 
ence to  various  factors.     65  L.R.A. 
500;    17    L.R.A. (N.S.)    380. 
Intimacy  of  business  relations  between  con- 
tractor and  employer.    17  L.R.A. (N.S.) 
382. 
Estoppel    to   deny   existence   of   relation   of 
independent  contractor.  8  L,R.A. (N.S.) 
896;    17   L.R.A. (N.S.)    382. 
Province    of    court    and    jury.      65    L.R.A. 

508;  17  L.R.A.  (N.S.)  382. 
Cartman  as.  independent  contractor.  13 
L.R.A.  (N.S.)  1122;  16  L.R.A.  (N.S.) 
816;  23  L.R.A. (N.S.)  33;  L.R.A.1918E, 
121. 
One  to  whom  automobile  has  been  intrusted 
for  storage  ov  repairs  as  independent 
contractor  for  whose  negligence  in 
running  it  owner  is  not  liable.  51 
L.R.A.(N.S.)   772. 

F.  Liability  of  sen-ant   or  contractor. 

§    196.  Generally. 

Joint   liability   of   master   and   servant   for 

latter's  acts,  see  infra,  §  199. 
Liabilitv  over  to  employer,  see  Indemnity, 

§  s: 

Liability  of  contractoc  for  injury  to  ten- 
ant, see  Landlord  and  Tenant,  §  73. 

Liability  of  employee  without  license,  see 
License,  §   16. 

Servant's  liability  for  trespass,  see  Tres- 
pass, §  9. 

Liability  of  employee  in  case  license  tax  is 
not  paid  bv  emplover.  12  L.R.A. (N.S.) 
946;   L.R.A.1915A',  106. 

Servant's  liability  to  third  person  for  torts. 
2   L.R.A. (N.S.)    378. 

Right  of  contractor  with  public  to  im- 
munity which  latter  enjoys  from  lia- 
bility for  damages.     L.R.A.1916D,  511. 

Liability  of  highway  contractor  for  danger- 
ous conditions  where  municipalitv, 
county,  or  town  is  not  liable.  27  L.R.A. 
(N.S.')    1009;  L.R.A.1916A,  1006. 

Liability  of  contractor  to  third  persons  for 
defects  in  his  work  after  its  completion 
and  acceptance.  26  L.R.A.  •  504 ;  32 
L.R.A. (N.S.)  968;  L.R.A.1915E,  766; 
6  B.  R.  C.  249. 

Liability  of  independent  contractor  to  ten- 
ant for  injurv  caused  by  defects  in 
building.     21  L.R.A. (N.S.)'  477. 

Liability  of  subcontractor  for  injury  to 
property  resulting  from  defective  per- 
formance of  work.    2  L.R.A.(N.S.)   790. 


INDEX  TO  L.R.A.  NOTES. 


911 


MASTER  AND  SERVANT,  V.— cont'd 
Liability  of  subcontractor  to  owner  for  in- 
jury to  property.     2  L.R.A.(N.S.)    799. 
Personal   liability  of  servant  for   injury  to 

fellow  servant.     28  L.R.A.   440. 
Liability     of     independent     contractors     to 

servants     of     principal     employer.      46 

L.R.A.  95. 
Liability   of   one   contractor   to   servants   of 

another  workincj  on  same  premises.    46 

L.R.A.  94. 
Liability   of   mail   contractors   or   postoffice 

employees     for     lost     or     stolen     mail. 

L.R.a!1915A,  377. 

§  19  7.  For  his  own  negligence  or  non- 
feasance. 

In  general.  28  L.R.A.  433;  ^25  L.R.A. 
(N.S.)   343;  L.R.A.1916F,  570. 

Doctrine  that  servant  is  not  liable  for  non- 
feasance.    L.R.A.1916F,   571. 

Repudiation  of  distinction  between  misfeas- 
ance and  nonfeasance.  L.R.A.1916F, 
571. 

Examples  of  misfeasance.  25  L.R.A. (N.S.) 
346;  L.R.A.1916F,  572. 

Liability  without  reference  to  distinction 
between  misfeasance  and  nonfeasance. 
L.R.A.1916F,  573. 

Wliere  servant  is  in  full  control  of  the  work. 
25  L.R.A.  (N.S.)  346;  L.R.A.1916F, 
574. 

Examples  of  nonfeasance.  25  L.R.A. (N.S.) 
349:  L.R.A.1916F,  575. 

\\'here  servant  is  not  guilty  of  negligence. 
25  L.R.A.  (N.S.)  348;  L.R.A.1916F,  575. 

Criminal  homicide  in  operation  of  railroad 
or  street  railway.     L.R.A.1917C,  536. 

§  198.  For  trespass  or  other  positive 
wrong  under  employer's  orders. 

General  rules.     50  L.R.A.  644. 

Trespass.     50  L.R.A.  645. 

Assault,  fraud,  and  other  wrongful  acts. 
50  L.R.A.  646. 

Conversion.     50  L.R.A.  649. 

Taking  of  property  under  order  of  employ- 
er and  in  good  faith  as  larceny.  41 
L.R.A.  (N.S.)  554. 

VI.  Joint  liability  of  master  and  serv- 
ant. 

§    199.  Generally. 

Liability  over  to  employer,  see  Indemnity, 

§  3. 
Conclusiveness    en    employee    of    judgment 

against  employer,  and  vice  versa,  see 

Judgment,  §  44. 

Joint  liability  of  master  and  servant  for 
tort  of  servant.  28  L.R.A.  441;  12 
L.R.A.  (N.S.)  670;  25  L.R.A.  (N.S.) 
356. 

Joinder  of  statutory  action  against  a  mas- 
ter with  common-law  action  against 
servant,  for  latter's  negligence.  12 
L.R.A. (N.S.)   675. 

Removal  for  separable  controversy  of  joint 
action  against  master  and  servant.  5 
L.R.A. (N.S.)    96. 

Consult  also  L.R.A.  Digests  of  Cases. 


MASTER  AND  SERVANT,  VI.— cont'd 

Removal  of  cause  by  nonresident  corpora- 
tion joined  with  resident  employee.  1 
L.R.A. (N.S.)    370,  375. 

Effect  of  verdict  for  servant  in  action 
against  master  and  servant  for  latter's 
negligence  cr  misfeasance.  9  L.R.A. 
(N.S.)  880;  30  L.R.A.  (N.S.)  404; 
L.R.A.1917E,  1029. 

Judgment  in  favor  of  employee  as  bar  to 
recovery  against  employer  for  em- 
ployee's act  or  default.     54  L.R.A.  649. 

VII.  Liahility  of  third  person  to  serv- 
ant or  master. 

§    2  00.  Generally. 

Landlord's  liability  for  injury  to  servants 
of  tenant,  see  Landloed  and  Tenant, 
§  72. 

Release  of  employer  by  acceptance  of  bene- 
fit of  relief  fund  as  affecting  other  tort- 
feasor.   L.R.A.1918A,  996. 

The  right  of  a  servant  to  recover  damages 
from  persons  other  than  his  mas- 
ter for  injuries  -received  in  the  per- 
formance of  his  duties.  46  L.R.A. 
33. 

Duty  to  protect  electric  wires  for  safety  of 
■  workmen  on  premises.  2  L.R.A. (N.S.) 
777.    ,.,', 

Damages  recoverable  in  action  by  master 
for  injury  to  servant  or  apprentice,  32 
L.R.A. (N.S.)   38. 

Personal  contributory  negligence  of  em- 
ployee riding  in  vehicle  driven  or  con- 
trolled by  employer.  L.R.A.1915E, 
233. 

Liability  under  workmen's  compensation 
acts  of  third  person  whose  negligence 
causes  the  injury.  L.R.A.1916A,  100, 
225,  360;  L.R.A.1917D,  98;  L.R.A. 
1918F,  524. 

§   201.  Liability  of  carrier. 

Liability  of  carrier  for  injury  to  servants 
of  other   persons.     46  L.R.A.   56. 

Liability  of  carrier  for  personal  injuries 
to  employees  of  consignor  or  consignee 
caused  by  unsafe  car.  9  L.R.A. (N.S. ) 
857. 

Liability  of  lessor  of  railroad  for  injury  to 
employees  due  to  negligence  of  another 
company  using  the  road  under  a  lease, 
license,  or  other  contract.  44  L.R.A. 
753. 

Contract  exempting  railroad  company  from 
liability  for  negligent  injury  to  em- 
ployee of  sleeping  ear  company  and 
others  sustaining  a  similar  relation  to 
the  railroad  company.  11  L.R.A. (N.S.) 
432;  50  L.R.A.  (N.S.)  432;  L.R.A. 
1917D,  648. 

§  2  02.  Liability  to  servants  of  con- 
tractor. 

For  unsafe  appliances  or  place  of  labor.  26 
L.R.A.  524. 

When  servants  of  independent  contractor 
precluded  from  availing  themselves  of 
doctrine  of  master's  liability  for  any 
negligence  involving  breach  of  his  per- 
sonal duties.     54  L.R.A.  51. 


»i2 


INDEX  TO  L.R.A.  NOTES. 


MASTER  AND  SERVANT,  VII.— cont'd 

Liability  of  owner  of  building  in  process  of 
erection  for  injury  to  contractor's  em- 
ployees from  defects  existing  at  the 
time  they  commenced  work.  22  L.R.A. 
(N.S.)   857. 

Liability  of  mine  owner  for  negligent  in- 
jury to  employee  of  independent  con- 
tractor working  the  mine.  45  L.R.A. 
(X.S.)    930. 

Liability  on  contractor's  bond  which  under- 
takes to  indemnify  owner  against  lia- 
bility for  injuries  to  employees,  where 
the  injury  is  due  to  owner's  negligence. 
11    L.R.A.  (X.S.)    13  74. 

Constitutionality  of  statute  making  owner 
personally  liable  to  employees  of  build- 
ing contractors  because  of  noncompli- 
ance witli  provisions  for  their  protec- 
tion.    39  L.R.A. (N.S.)   868. 

Is  sta'tutory  duty  of  employer  to  guard 
place  or  machinery  owing  to  employees 
of  contractor.     36  L.R.A. (N.S.)    269. 

Liability  of  one  contractor  to  servants  of 
another  working  on  same  premises.  46 
L.R.A.  94. 

Duty  under  employer's  liability  acts,  of 
owner  to  servants  of  contractor,  or  of 
principal  contractor  to  servants  of  sub- 
contractor, as  to  condition  of  place  or 
appliance.    L.R.A.1917D,  991. 

Liability  to  servant  of  contractor  under 
workmen's  compensation  acts.  L.R.A. 
1916A,  95;  L.R.A.] 917D,  148. 


MASTER  CRAFTSMEN. 

As  independent  contractors.     6.)  LJI.A.  467. 

♦  *  » 

MASTER    TRADESMEN. 

As  independent  contractors.     65  L.R.A.  467. 


MATCHES. 


Keeping   of,   on   insured   premises. 
1917C,  278. 


L.R.A. 


MATE. 

Admiralty  jurisdiction  of  contracts  of. 
L.R.A.  229. 


66 


MATERIALITY. 


Of  alteration,  see  Alteration  of  Instru- 
ments, §§  3,  4. 
Of  evidence  generally,  see  Evidence,  XII. 

May  charge  of  subornation  of  perjury  be 
based  on  false  testimonv  which  i?  im- 
material.    25  L.R.A. (N.S.)    120. 

Begin  with  this  hooK-  on  every  law  question. 


MATERIALMEN. 

Rights  of,  under  contractors'  bonds,  see 
Bonds,  §  10. 

Provision  in  contract  for  payment  of,  see 
Building  and  Construction  Con- 
tracts. §  2. 

Lien  of,  see  Maritime  Liens;  Mechanics' 
Liens. 

Language  used  by  owner  or  other  person 
interested  in  construction  of  building 
importing  a  promise  to  pay  material- 
men as  a  promise  to  answer  for  the 
debt  or  default  of  another.  5  B.  R.  C. 
96. 


MATERIALS. 


Provision  in  bond  for  payment  for,  see 
Bonds,  §  10. 

Provision  in  contract  for  payment  for,  see 
Building  and  Construction  Con- 
tracts. §  2. 

Lien  for,  see  Maritime  Liens;  Mechanics' 
Liens. 

Master's  duty  as  to  inspection  of,  see  Mas- 
ter and'  Servant,  §   102. 

Priority  of  claim  for  materials  against 
property  in  hands  of  receiver  over  re- 
corded liens.  41  L.R.A.  f  X.S.)  696, 
701. 


MATERNITY. 


to, 


Admissibility    of    hearsay    evidence    as 
see  Evidence,  §  219. 

Evidence  of  declarations  to  show  mnternity 
of  illegitimate  child.  11  L.R.A. (N.S.) 
1052. 


MATHEMATICAL  CALCULATION. 

Conclusiveness  of  stated  or  settled  account 
containing  inaccuracy  or  error  in 
method  of.    23  L.R.A. (N.S.)  787. 

♦-»♦ 


MATRIMONIAL    PROPERTY. 

See  Husband  and  Wife,  IV. 


MATTERS  IN  BAR. 

Proof  of,  under  plea  of  the  general  issue 
in  action  of  ejectment.  L.R.A.1918F, 
249. 


MATURITY. 


Of  commercial  paper,  see  Bills  and  Notes, 
§§  54-57. 

Usurv  in  agreement  for  interest  after.     49 
L.R.A.  550. 


INDEX  TO  L.R.A.  NOTES. 


913 


MAULS. 

Master's  liability  for  injury  bv  defect  in. 
13  L.R.A.(N.S.)  671:  51  L.R.A.{N.S.) 
337;  L.R.A.1918D,  1141. 


MAXIMS. 

In  equity,  see  Eqiity,  §  22. 

Applicability  of  maxim  res  ipsa  loquitur, 
see  Evidence,  III.  g. 

Applicability  of  maxim  that  one  cannot 
profit  by  his  own  wrong  to  descent  of 
property  to  murderer,  see  Descent  and 
Distribution,  §  8. 

To  riglits  of  murderer  in  proceeds  of  in- 
surance policy,   see  Ixsurance,   §   193. 

How  far  maxim  as  to  taking  advantage  of 
one's  own  wrong  is  abrogated  by  statute. 
25  L.R.A.  564. 

Applicability  of  rule  of  caveat  emptor  to 
sales  for  partition.  33  L.R.A. (N.S.) 
409. 

Applicability  of  rule  of  caveat  emptor  to 
sale  with  particular  description  of  kind 
or   quality.     35    L.R.A.  (X.S.)    2(10. 

Plea  of  damnum  absque  injuria  as  bar  to 
recovery  of  damages  for  mental  anguish 
in  telegraph  cases.  49  L.R.A. (N.S.) 
215. 

Application  of  maxim  damnum  absque  in- 
juria to  right  to  consequential  dam- 
ages to  property  no  part  of  which  is 
taken  from  smoke,  noise,  dust,  etc.  in- 
cident to  ordinary  operation  of  rail- 
road.    17  L.R.A. (X.S.)    1054. 

Effect  of  legislative  authority  on  liability 
for  private  nuisance  constituting  dam- 
num absque  injuria,  1  L.R.A. (N.S.) 
52. 

Necessity  of  qualifying  by  reference  to  con- 
scious falsity  an  instruction  under  a 
statute  enacting  the  maxim  Falsus  in 
una,  falsus  in  omnibus  Avithout  that 
qualification.     29  L.R.A, (X.S.)   680. 

Applicability  of  doctrine  of  idem  sonans  to 
substituted  or  constructive  service  of 
process.     30  L.R.A. (N.S.)    122. 

Application  of  maxim  "In  pari  delicto 
melior  est  conditio  possidetiti^"  to 
a<'tion  to  r<'cover  back  nonexempt  prop- 
erty conveyed  to  avoid  nonexistent  or 
unfounded  demand.  1  L.R.A.  (N.S.) 
1007. 

Application  of  maxim  "In  pari  delicto 
melior  est  conditio  defendentis"  to  ac- 
tion for  specific  enforcement  for  limit- 
ed time  of  contract  against  public: 
policy  to  prevent  public  inconvenience. 
1  L.R.A.  (N.S.)   10.32. 

Application  of  .  maxim  mohilia  sequuntur 
personam  to  place  of  taxing  nonresi- 
dent's personalty.     7  L.R.A. (N.S.)   704. 

Applicability  of  principle  of  nullum  tempus 
occurriit  regi  to  action  by  agencies  of 
state.     ;;  L.R.A.  (N.S.)   746\ 

Applicability  to  bequest  of  chattel  for  life 
of  maxim  quae  ipso  usti  consumuntur. 
16  L.R.A. (N.S.)   483. 

Consult  also  L.R.A.  Digests  of  Cases. 


MAXIMS— cont'd 

Qui  prior  est  in  tempore,  potior  est  in  jure 
as  applied  to  rights  of  different 
assignees.     66  L.R.A.  774. 

Respondeat  superior.     44  L.R.A.  799. 

Application  of  doctrine  of  respondeat  su- 
perior to  liability  of  eleemosynary  in- 
stitution for  personal  tort  of  agent  or 
servant.     4  L.R.A. (X.S.)   269. 

The  application  of  the  maxim  sic  utere  tuo 
ut  alienum  non  hedas  to  injuries  by 
blasting.     6  L.R.A. (N.S.)    570. 

Application  of  maxim  tiiat  one  must  use 
one's  own  rights  in  such  a  manner  as 
not  to  interfere  with  those  of  another 
to  interference  by  user  of  electricity 
with  business  or  injury  to  property  of 
another  resulting  from  induction  or  use 
of  earth  as  a  return  electric  current. 
2  B.  R.  C.  132. 

Volenti  non  fit  injuria  as  a  defense  to  ac- 
tions bv  injured  servants.  47  L.R.A. 
161. 


MAY. 

When  word  "may"  in  statute  is  to  be 
deemed  mandatory.  5  L.R.A.  (N.S.) 
340. 


MAYHEM. 

Mayhem   as  depending  upon   the  means  or 

instrument   used   to   inflict   the   injury. 

40  L.R.A. (N.S.)   1132. 

Malice    and    premeditation    as    element    of 

offense    of    mavhem    or    maiming. 

L.R.A.1916E,  494. 


MAYOR. 

Imputing  to  municipality  knowledge  of 
mayor  of  defect  or  obstruction  in  street. 
L.R.A.1918B,  650. 


MEAD. 

Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.(N.S.)   316. 


MEALS. 

Serving  liquor  with  meals  by  proprietor  of 
hotel  or  restaurant  as  a  sale  thereof. 
25  L.R.A. (N.S.)  943;  52  L.R.A.(N.S.) 
722. 


MEANDER  LINE. 


As  boundary.     42  L.R.A.  510. 
As  basis  for  dividing  accretions.     12  L.R.A. 
(N.S.)  687. 


58 


914 


INDEX  TO  L.K^.  NOTES. 


MEANING. 

Parol    evidence    to    show,     see    Evidence, 
§  165. 


♦  »♦ 

MEASURES. 

See  Weights  and  Measubes. 


MEAT. 


See  Food,  §   7. 


MECHANICS'  LIENS. 

I.  In  general.    §§    1-4, 
II.  Bight  to  lien,   §§  5-7. 
III.  Priority    §§   8,  9. 
IT,  For  what  ivorJc  or  materials,   §§ 
10-13. 
T.  To  what  property  or  interest  lien 
attaches,    §§    14-18. 
VI.  Of  subcontractors  and   material- 
men,  §§    19-21. 
VII.  How   naire<1   or   defeated,    §   22. 
VIII.  Enforcement :  procetliire,  §§  23- 
32. 

I.  In  general. 

§   1.  Generally. 

As  to  liens,  generally,  see  Liexs. 

Effect  of   provisions   in   contractor's  bonds, 

see  Boxus,  §   10. 
For   improvements   on   leased   premises,   see 

Landlord  and  Tenant,  §  40. 

Who  are  laborers  within  statute  for.  18 
L.R.A.  305. 

What  is  an  "appurtenance"  for  purposes  of. 
15  L.R.A.  653. 

Protection  of,  by  enjoining  sales  under  other 
process.     30  L.R.A.  128. 

Burden  of  proof  in  action  between  owner 
and  contractor  as  to  claims  of  mechan- 
ics and  materialmen  voluntarily  paid 
by  owner.     44  L.R.A.  (N.S.)   80. 

Estoppel  to  assert  title  or  interest  in  real 
property  against  mechanics'  lien  by  con- 
cealing the  same  or  representing  it  to 
be  in  another.    48  L.R.A.(N,S.)  760. 

§  2.  Validity  and  construction  of  stat- 
utes. 

Validity  of  statutory  provision  for  attor- 
ney's fees  in  suit  to  foreclose.  17 
L.R.A.(X.S.)  910:  L.R.A.1915E,  947. 

§  3.  — as  to  subcontractors  and  ma- 
terialmen. 

Constitutionality  of  statutes  as  to  effect  on 
liens  of  subordinate  claims  of  payments 
to  contractors  or  subcontractors.  20 
•  L.R.A.  565. 

Constitutionality  of  statute  making  owner 
personally  liable  to  laborers  or  ma- 
terialmen because  of  noncompliance 
with  provisions  for  their  protection. 
39  I.  ^.A.(X.S.)    868, 


MECHANICS'  LIENS,  I.— cont'd 
Constitutionality     of     statute     giving     me- 
chanics' lien  contrary  to  agreement  of 
contractor.     36   L.R.A. (N.S.)    574. 

§   4*.  Indemnity  against. 

Broker's  right  to  commission  where  sale  or 
loan  fails  because  of  owner's  refusal  to 
give  indemnity  against  possible  liens. 
15  L.R.A.(N.S.)    187. 


//.  Right  to  lien. 

§   5.  Generally. 

Mechanic's  lien  under  contract  made  or  per- 
formed in  another  state.  38  L.R.A, 
410. 

§   6.  Consent  of  owner. 

Mortgagee  as  owner  within  mechanics'  lien 
laws.     39  L.R.A.  (N.S.)   84. 

Requiring  another  to  make  improvements 
upon  land  at  his  own  expense  as  a  con- 
sent by  the  owner  which  will  subject 
his  interest  to  a  lien.  11  L.R.A. (N.S. ) 
764. 

Authority  of  agent  to  contract  for  services 
of  other  persons  so  as  to  entitle  them 
to  a  mechanic's  lien.     L.R.A.1918F,  96. 

§  7.  — power  of  lessee  or  vendee  to 
subject   owner's    interests   to   liens. 

Mechanic's    lien    upon    building    erected    by 

vendee.     62  L.R.A.  380. 
Statute  giving  liens  for  improvements  made 
under    contracts    with    owner.      23 
L.R.A.(N.S.)      601:      L.R.A.1917D, 
578. 
Statutes  giving  liens  on  interests  of  the  one 
causing  the  improvements  to  be  made. 
23  L.R.A. (N.S.)  605;  L.R.A.1917D,  579. 
Statutes  giving  liens  for  improvements  made 
by    contract    with     or     at     request    of 
owner.      23    L.R.A. (N.S.)    607:    L.R.A. 
1917D,  580. 
Statutes  giving  lien  for  improvements  made 
by  agents.     23  L.R.A.  (N.S.)    608; 
L.R.A.1917D,  580. 
Where  statute  gives  lien  for  improvements 
made  with  consent  of   owner.     23 
L.R.A.(N.S.)      612;      L.R.A.1917D, 
582. 
Statutes     giving     liens     for     improvements 
made    with    permission    of    owner. 
23   L.R.A.(N.S.)    617. 
Statutes    giving     liens     for     improvements 
made  with   the  written  consent  of  the 
owner.      23    L.R.A.(N.S.)    617;    L.R.A, 
1917D,  583. 
Statutes    giving    liens    where    owner    with 
knowledge  of  the  improvement  fails  to 
give  notice  of  nonliability.     23   L.R.A. 
(N.S.)   618;  L.R.A.1917D,  584. 


III.  Priority. 

§   8,  Generally. 

Priority     of     claims    against     property     in 

hands  of  receiver  over.    2  L.R.A. (N.S.) 

1013. 


Begin  with  this  hooh  on  every  law  question. 


INDEX  TO  L.R.A.  .NOTES. 


915 


MECHANICS'  LIENS,  III.— cont'd 
Eights  of  seller  of  fixtures,  retaining  title 
thereto    or    lien    titereon,    as    against 
holder  of  mechanics'  lien.     1   B.  K.  C. 
673. 

§   9.  — as  to  earlier  mortgages. 

Unrecorded    mortgages.      14    L.R.A.    306. 
Mortgage  for  advances.     14  L.K.A.  307. 
Purchase-money  mortgages.     14  L.R.A.  307. 
Priority   of    statutory    preference    of    claim 

for    labor    over    pre-existing    mortgage. 

2  L.R.A.  (N.S.)    615. 

IV.  For  what  work  or  materials. 

§    10.  Generally. 

For  sinking  well.  6  L.R.A. (N.S.)  550;  43 
L.R.A. (N.S.)   559. 

For  cultivation,  care,"  or  improvement  of 
soil,  or  beautifying  premises  generally. 
L.R.A.1917D,  351. 

Right  to  a  lien  for  labor  in  preparing  ma- 
terials in  manufactured  form,  under  a 
statute  giving  a  lien  for  work  or  labor 
performed  on  the  building  or  structure. 
30  L.R.A.  (N.S.)    82. 

Food  furnished  contractor  for  employees 
and  teams  as  material  giving  lien  on 
railroad.     15  L.R.A.  (N.S.)   509. 

Right  of  servant  to  conunon  law  possessory 
lien  or  its  statutory  substitute  for  serv- 
ices in  connection  with  propertj'.  42 
L.R.A. (N.S.)    731. 

Right  to  statutory  lien  on  property  of  third 
person  for  rental  of  personal  property 
let  to  contractor  for  use  in  work  of  a 
lienable  nature.     16  L.R.A. (N.S.)   585. 

Hight  to  mechanics'  lien  for  labor  or  ma- 
terial furnished  on  order  of  architect 
.  before  abandonment  of  contract  by  con- 
tractor.   20  L.R.A. (N.S.)  89. 

Explosives  as  materials  used  in  improving 
real  property.     2  L.R.A. (N.S.)    288. 

Are  contractors  or  subcontractors  within 
the  protection  of  statutes  giving 
liens  to  "laborers,"  "mechanics," 
"workmen,"  and  the  like.  30 
L.R.A.   85. 

Heating  apparatus  as  part  of  realty  for 
purpose  of  mechanics'  lien.  1  B.  R.  C. 
982. 

For  material  or  labor  furnished  under  con- 
tract with  executor  or  administrator. 
52  L.R.A. (N.S.)    870. 

Delivery  upon  the  premises  of  material  sold 
to   contractor.     L.R.A.1915E,   302. 

§  11.  Materials  furnished  for  struc- 
ture, but  not  actually  used. 

Materials  furnished  for  structure,  but  not 
actually  used  therein,  as  basis  of  a 
mechanics'  lien.  31  L.R.A.  (N.S.)  749; 
L.R.A.1918D,  1041. 

%  12.  Materials  used  but  not  incor- 
porated in  structure. 

Materials  wholly  or  partially  consumed  in 
process  of  work,  but  not  becoming  a 
part  of  tlie  structure.  36  L.R.A. (N.S.) 
866.  .51  L.R.A. (N.S.)  1040;  L.R.A 
1915E,  986. 

Consult  also  L.R.A.  Digests  of  Cases, 


MASTER  AND  SERVANT,  IV.  cont'd 
Meclianics'  lien  upon  premises  for  an  im- 
provement not  placed  tliereon  but 
having  a  physical  or  beneficial  con- 
nection therewith.  42  L.R.A. 
(N.S.)    354. 

g    13.  Services  of  architect. 

Right  of  architect  to  mechanics'  lien.  16 
L.R.A.  600;  36  L.R.A.  (N.S.)  354; 
L.R.A.1915D,   204. 

V.  To  what  property  or  interest  lien 
attaches. 

§    14.  Generally. 

Power  of  lessee  or  vendee  to  subject  owner's 
interests  to  mechanics'  liens,  see  supra, 

§  7. 

Right  to  mechanics'  lien  for  improvements 
made  on  infant's  land  by  authority  of 
guardian.     15  L.R.A. (N.S.)   1159. 
Agreement  between  landlord  and  tenant  as 
to  removal  of  fixtures  and  improve- 
ments by  latter  as  afiecting  third 
person  claiming  a  mechanics'  lien. 
45  L.R.A. (N.S.)   100;  L.R.A.1915E, 
826. 
Mechanics'   lien   on    landlord's   interest   for 
labor  or  materials  furnished  tenant  for 
the  building  or  improvement  removable 
by    tenant.      6    L.R.A. (N.S.)     485:    41 
L.R.A.  (N.S.)   298. 
Where   building   covers   adjoining   lots   hcUl 

in  severalty.     30  L.R.A. (N.S.)    1219. 
Show   cases,    shelving,   etc.,    as   fixtures   to 
which  lien  will  attach.    43  L.R.A. (N.S.) 
680. 
Claim  of  holder  of  mechanics'  lien  on  fund 
arising  from  judicial  sale  of  property 
under  a  prior  or  contemporaneous  lien 
before    distribution    of    the    fund.      47 
L.R.A.(N.S.)    708. 
Mechanics'  lien  on  property  of  charitable  or 
religious  institution.     51  L.R.A. (N.S.) 
161. 
Mechanics'  liens  on  trust  property.    L.R.A. 

1916B,  1267. 
Homestead  as  subject  of  mechanics'  lien. 
L.R.A.1918D,  1055. 
Where  homestead  right  is  acquired 
after  making  of  the  contract  or 
commencement  of  the  work.  L.R.A. 
1918B,  818. 

§15.  Several  lots  or  buildings. 

Right  to  file  a  single  mechanic's  lien  against 
several  buildings.    17  L.R.A,  314. 

§16.  Buildings    distinct   from    liand. 

In   general.      62   L.R.A.    369;    L.R.A.1917C, 

1119. 
Erection    upon    land    of    a    stranger.      62 

L.R.A.  370;   L.R.A.1917C,  1120. 
Extension  of  erection  upon  adjoiniiiir  land. 

62  L.R.A.  373;  L.R.A.1917C,  1121. 
Erection  by  husband  upon  wife's  land.     62 

L.R.A.  374;  L.R.A.1917C,  1121. 
Erection  upon  homestead  lands.     62  L.R.A. 
.    375;  L.R.A.191'7C,  1121. 


916 


INDEX  TO  L.E.A.  NOTES. 


MECHANICS'  LIENS,  V.— cont'd 

Erection  upon  leasehold  estates.  62  L.R.A. 
375;  L.R.A.1917C,  1121. 

Erection  by  vendee  of  the  land  under  a  eon- 
tract  of  purchase,  62  L.R.A.  380; 
L.R.A.1917C,  1122. 

Erection  upon  land  vested  in  third  parties 
by  deed  of  trust.  62  L.R.A.  381 ;  L.R.A. 
1917C,  1123. 

Failure  of  description  of  the  land  in  affida- 
vit of  claim.  62  L.R.A.  382;  L.R.A. 
1917C,  1123. 

g  17.  Extent  of  land  to  which  lien  at- 
taches. 

Statutes  giving  lien  on  "lot"  or  "tract." 
26   L.R.A.(N.S.)    836. 

Statute  expressly  giving  lien  on  land  neces- 
sary for  use  of  improvement.  26  L.R.A. 
(N.S.)   838. 

g    18.  Public  property. 

Generallv.  35  L.R.A.  141;  20  L.R.A. (N.S.) 
261,'  41  L.R.A.(N.S.)    315. 

Schoolhouses.     35  L.R.A.  142. 

Courthouses.     35  L.R.A.  143. 

Government  land.     35  L.R.A.  144. 

Basis  of  rule.     35  L.R.A.  144. 

Exceptional  cases.     35  L.R.A.  144. 

The  rule  in  Kansas.     35  L.R.A.  145. 

Personal  judgment.     35  L.R.A,  145. 

Use  must  be  public.     35  L.R.A.  145. 

On  claim  or  interest  in  public  lands  for 
debts  contracted  before  issuance  of  pat- 
ent.    34  L.R.A. (N.S.)   409. 

YI.  Of  subcontractors"  and  material' 
men. 

§    19,  Generally. 

Validity  of  statutes  as  to,  see  supra.  §  3. 

Provision  in  contractor's  bond  for  payment 
of  claims  of,  see  Bonds,  §  10. 

Provision  in  contractor's  contract  for  pay- 
ment of  claims  of,   see  Building  and 

CONSTRUCTIOX    CONTRACTS,    §    2. 

Right  of  subcontractor  to  protection  of 
statutes  giving  liens  to  "laborers,"  '"me- 
chanics," "workmen,"  and  the  like.  30 
L.R.A.  (X.S.)   85. 

Right  of  subcontractor  or  materialmen  to 
personal  judgment  against  owner.  14 
L.R.A,  (N.S.)  1036:  24  L.R.A.  (N.S.) 
321. 

Effect,  as  against  subcontractors  and  ma- 
terialmen, laborers,  of  stipulation  in 
principal  contract  that  no  lien  shall  be 
asserted.     50  L,R.A.(N.S.)   159. 

g  2  0,  Subsequent  matters  affecting 
right  to  lien. 

Relation  back  of  subcontractor's  lien  to  the 
date  of  that  of  the  original  contractor. 
16   L.R.A,   335. 

Effect  of  death  of  principal  contractor  on 
rights  of  subcontractor  or  materialman 
to  a  lien,  or  to  pavment  bv  owner.  20 
L.R.A.  (N.S.)    45. 

Effect  of  bankruptcy  of  principal  contractor 
upon  lien  rights  of  subcontractors  or 
materialmen.  26  L.R.A.  (N.S.)  409; 
51  L.R.A. (N.S.)    68;   L.R.A.1916F,  113. 


Begin  tvitJi  this  book  on  every  law  question. 


MECHANICS'  LIENS,  VI.— cont'd 
g   21.  — payments   to   contractors. 

Payment   to   contractors    or   subcontractors- 
as    affecting  Jiens    of    subordinate 
claimants.     20  L.R.A.  500. 
Right   of   owner,    as   against   subcontractor 
who   filed   lien,   to  credit  for  payment* 
made  to  other  subcontractors  or  mate- 
rialmen, who  did  not  file   liens,  before 
the  expiration  of  the  time  allowed  for 
that   purpose.      14   L.R.A. (N.S,)    919, 
Application  of  payments  made  by  contrac- 
tor  to   subcontractor   or    material- 
men  as    between   jobs   of   difi'erent 
owners.      L.R.A.1916U,    1254. 


VII.  How    waived  or  defeated. 

g   2  2.  Generally. 

In   case  of  subcontractors   or  materialmen, 

see  supra,  19-21. 
Discharge  of  lien,  see  infra,  §  30. 

Effect  of  bankruptcy  of  property  owner  on 

mechanics'    liens.     L.R.A.1915F,    1132. 
Effect   of    judicial    sale    of    property    under 
prior    or   contemporaneous   lien    to    de- 
vest mechanics'  lien.     47  L.R.A. (N.S.) 
706. 
Provision    in    contract   that   no    mechanics' 
lieu    shall     be    filed    as    affecting 
L'laimants.     50  L.R.A. (N.S.)   153. 
Waiver  of  laborer's  lien  by   attachment  or 

execution.     50  L.R.A.  722. 
Effect  upon  rights  of  owner  of  lien  on  build- 
ing of  its  wrongful  removal  and  attach- 
ment to  third  person's  land  without  for- 
mer's consent.     14  L.R.A. (N.S.)    435. 
Removal,    removability,    or    destruction    of 
work   or  improvement  as  affecting 
lien  on  the  propertv  improved.     41 
L.R.A. (N.S.)  296;  45  L.R.A. (N.S.) 
100;   L.R.A.1915E,  826. 
Acceptance   of   commercial    paper   as   extin- 
guishment of.     35  L.R.A.  (N.S.)   93. 
Recovering  personal  judgment  against  own- 
er   as    waiver    of    mechanics'    lien.      32 
L.R.A.  (N.S.)   1073. 
Effect  of  discharge  in   bankruptcy  on   lien. 
42  L.R.A. (N.S.)   295, 


VIII.  Enforcement;  procedure. 

g   23.  Generally. 

Effect  of  sale  to  satisfy  mechanic's  lien  up- 
on wife's  right  of  dower,     18  L.R.A.  77, 

Removal  for  separable  controversy  of  pro- 
ceedings to  foreclose.  5  L.R.A, (N.S.) 
72. 

Riglit  to  accept  favorable  part  of  decree 
and  appeal  from  the  rest.  29  L.R.A. 
(N.S.)   13. 

•Scire  facias  to  fix  amount  of  mechanics'  lien 
after  judicial  sale  of  property  under 
prior  or  contemporaneous  lien.  47 
L.R.A. (N.S.)    707. 

In  what  courts  liens  are  enforceable  after 
bankruptcv  of  property  owner.  L.R.A. 
1915F,  1134. 


INDEX  TO  L.R.A.  NOTES. 


917 


904. 
35    L.R.A. 

35    L.R.A. 


MECHANICS'  LIENS,  VIII.— cont'd 
§   2  4.  Parties. 

Contractor  as  a  necessary  party  to  a  bill  to 
enforce  a  mechanics'  lien.  33  L.R.A. 
(N.S.)    69. 

§    25.   Costs;    attorney's    fee. 

Constitutionality  of  statute  giving  attor- 
ney's fee  in  suit  to  foreclose.  20  L.R.A. 
565;  L.R.A.1915E,  947. 

§   2  6.  Notice;    statement. 

Failure  of  description,  of  land  in  affidavit  of 
claim  and  buildings  distinct  from  land. 
62  L.R.A.  382. 

S   2  7.  — effect  of   filing   excessive   lien. 

Unintentional    mistake.      29    L.R.A.  (N.S.) 

306. 
Intentional  or  fraudulent  overstatement.   29 

L.R.A. (N.S.)    317. 
Specific    statutory    provisions.      29    L.R.A. 

(N.S.)  317. 

§   28.  Time  of  niing  lien. 

First  and  last  days  in  computing  time  for. 

49  L.R.A.  236. 
Work   done,   or  material  furnisbed,   in  per- 

fectinf'  original  work,  as  lienable  items 

to  establish  period  for  filing  claim.     12 

L.R.A. (N.S.)   864. 
Right  to  tack  different  contracts  to  perform 

labor  or   furnish   material   for   purpose 

of    extending    time    to    file    lien.      15 

L.R.A.  (N.S.)    299. 

§  2  9.  —  effect  of  addition  of  new  items 
to    extend    time. 

General  rule.     35  L.R.A. (N.S.)   902. 
Where  gratuitous  or  voluntary.     35  L.R.A. 

(N.S.)   903. 
Where  trivial.     35  L.R.A. (N.S.) 
Effect    of    request     of     owner. 

(N.S.)   904. 
Where    required    by    contract. 

(N.S.)    905. 
Effect  of  delay.    35  L.R.A. (N.S.)  906. 
Wher2     furnished    to    remedy    defect.      35 

L.R.A. (N.S.)   907. 
Extras.     35  L.R.A. (N.S.)    90S. 
Repairs.     35  L.R.A. (N.S.)    900. 

§   30.  Discliarge  of  lien. 

Devestiture  of  lien  by  judicial  sale  of  prop- 
erty under  prior  or  contemporaneous 
lien.     47   L.R.A. (N.S.)    706. 

§   31.  Personal    judgment. 

In  action  to  enforce  mechanic's  lien  on  pub- 
lic property.    35  L.R.A.  145, 

Right  of  subcontractor  or  materialmen  to 
personal  judgment  against  owner.  14 
L.R.A.(N.S.)  1036;  24  L.R.A.  (N.S.) 
321. 

Recovering  personal  judgment  against  own- 
er as  waiver  of  mechanics'  lien.  32 
L.R.A.(N.S.)    1073. 

§   32.  Amount  recoverable. 

Amount   recoverable   under   New  York  me- 
chanics' lien  law.     13  L.R.A.  706.* 
Consult  also  L.R.A.  Digests  of  Cases. 


MEDICAL    ASSISTAXX'E. 

Master's  duty  as  to,  see  Master  and  Serv- 
ant, §  58. 


MEDICAL  ATTENDANCE. 

Cost  of,  as  element  of  damages,  see  Dam- 
ages, §  58. 
In  general,  see  Physicians  and  Surgex)ns. 

Cost  of,  as  element  of  recovery  under  Work- 
man's Compensation  Act.  L.R.A.1917D, 
178. 

Duty,  and  liability  of  one  other  tlian  a 
pliysician  or  surgeon  who  contracts  to 
provide  medical  or  surgical  attention 
to  another.  36  L.R.A.  (N.S.)  50;  L.R.A. 
1915D,  884. 

Criminal  responsibility  for  failure  to  pro- 
vide child  with  medical  attendance  and 
remedies.     6  B.  R.  C.  464. 

Effect  of  failure  to  provide  medical  attend- 
ance to  render  one  guilty  of  manslaugli- 
ter.    45  L.R.A. (N.S.)  559. 

Liability  of  relative  for  medical  services  to 
pauper.     L.R.A.1915E,  844. 

Liability  of  husband  for  medical  attendance 
during  wife's  last  sickness.  47  L.R.A. 
(N.S.)   283. 

As  family  necessaries  for  whicli  husband  is 
liable  vvlien  furnislied  at  request  of  wife. 
47  L.R.A.  (N.S.)   28L 

As  a  family  expense  or  necessary  within 
statute  rendering  wife  or  her  property 
liable  therefor.     L.R.A.1917F,  863. 


MEDICAL  BOARDS. 

Judicial  power  to  review  action  of  boards 
in  respect  to  licenses  of  physicians, 
dentists,  etc.     20  L.R.A.  355. 


^•»- 


MEDICAL   BOOKS. 

As  evidence.    40  L.R.A.  553. 


♦-•-♦^ 

MEDICAL  COLLEGE. 

Determining  character  or  standing  of,  for 
purpose  of  license  statutes.  22  L.R.A. 
(N.S.)  735. 


MEDICAL    EXAMINATION. 

Provision  in  workmen's  compensation  act 
for  medical  examination  of  injured 
workmen.     L.R.A.1916A,   160. 


918 


INDEX  TO  L.R.A.  NOTES. 


MEDICAL  EXPENSES, 

In  case  of  emergency,  see  Emergency,  §  5. 

«-»^ 

MEDICAIi  SERVICES. 

See  Medical  Attendance. 


MEDICAL    SUPERINTENDENT. 


Right  of  woman  to  be.     38  L.R.A.  211. 


MEDICAL    TREATMENT. 

Liability  under  accident  policy  for  death  or 
injury  caused  bv.  26  L.R.A.  (N.S.) 
1004;  L.R.A.1915E,  955. 

Nondelegability  of  master's  duty  to  furnish 
proper  treatment.    54  L.R.A.  83. 


MEDICINAL  COMPOUNDS. 

Medicinal  compoimds  containing  alcoholic 
liquor  as  within  prohibitory  or  regula- 
tory statutes.     L.R.A.1917F,  246. 


MEDICINE. 


Liability  of  druggists  as  to,  see  Dbugs  and 

Druggists,  §  5. 
Validity    of   agreements   as   to,    see   Drugs 

AND  Druggists,  §  6. 
Patent  medicine,  see  Patent  Medicines. 
Practice  of,  see  Physicians  and  Surgeons. 

Liability  of  seller  for  damage  to  live  stock 
by  improper  medicine.  L.R.A. 1916B, 
1108. 


MEDIUM. 

Of  payment,  see  Payment,  §§  6-11. 


MEETING. 


Of  corporate  officers,  see  Corporations, 
§  60. 

Of  stockholders,  see  Corporations,  §§  122- 
126. 

Of  religious  societies,  see  Religious  So- 
cieties, §  2. 

Of  school  district,  see  Schools,  §  26. 

Disturbing  meeting,  see  Disturbing  Meet- 
ing. 

Right  of  public  to  attend  municipal  council 

meetinjrs.     1  B.  R.  C.  296. 
Begin  with  this  boolc  on  every  law  question. 


MEETING  OF  MINDS. 

In    execution    of    contract,    see    Conteacts,. 
§§  19-23. 


MEMBERSHIP. 


In    religious    society,    see    Religious    So- 
cieties, §§  11-13. 


MEMORANDA. 


Within  statute  of  frauds,  see  Contracts,  § 
52. 

Admissibility  of,  in  evidence,  see  Evidence,, 
§  13.5. 

Making  or  altering  of,  as  forgery,  see  For- 
gery, §  6. 

Right  of  stockholder  to  make,  from  books. 
45  L.R.A.  449. 

Forgery  by  making  or  altering.  54  L.R.A. 
794. 

Impeachment  of  enrolled  bill  by.  40  L.R.A. 
(N.S.)    31. 

On  back  of  note  at  time  of  execution  as  sub- 
stantive part  tliereof.  15  L.R.A.. 
(N.S.)   612. 

Making  of  memorandum  on  negotiable  in- 
strument as  an  alteration.  L.R.A. 
1916D,   533. 

Use  of  private  memoranda  bv  counsel  in 
argument  to  jury.    L.R.A.i918D,  80. 


MEMORY. 

Impairment  of,  as  defense  to  prosecution  for 
perjury.      21   L.R.A. (N.S.)    993. 

Weakness  of.  as  affecting  testamentary  ca- 
pacity.    27   L.R.A.  (N.S.)    42. 


MENACE. 


See  Threats. 


MENTAL  ANGUISH. 


Damages  for,  see  Damages,  §§  96-106, 

Necessity  of  corroboration  of  admission  or 
testimony  of  party  to  divorce  in  re- 
lation to  mental  suffering  or  other 
state  of  mind.     25  L.R.A. (N.S.)    45. 

Of  accused  as  affecting  voluntariness  of 
confession.     18  L.R.A.  (N.S.y   790. 


MENTAL    CAPACITY. 


Of  testator,  see  Wills,  §§  9-15. 


INDEX  TO  L.R.A.  NOTES. 


919 


MENTAL  CONDITION. 

As  affecting  criminal  responsibility,  see 
Criminal  Law,  s§  8,  9. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  721. 

As  affecting  admissibility  of  dying  declara- 
tions.    56  L.R.A.  381. 

As  affecting  voluntariness  of  confession. 
50  L.R.A.  (X.S.)    1082. 


MENTAL  HEALERS. 

See  Mental  Suggestion. 

♦-•-♦ 


MENTAL   SUGGESTION. 

Application  of  statutes  regulating  practice 
of  medicine  to  treatment  by.  3  L.R.A. 
(N.S.)  763;  24  L.R.A.  (N.S.)  103;  25 
L.R.A.(N.S.)    1297;    L.R.A.1917C,   827. 


MERCANTILE  AGENCY. 

See  CoMMEBCiAL  Agencies. 

♦-•-♦ ■ 

MERCANTILE  BUSINESS. 

See  Merchants. 


MERCHANDISE. 


Seller's  liability  for  injuries  due  to  defects 
in,  see  Negligence,  §   15. 

Liability  for  failure  to  forward  bonded 
merchandise.     4  L.R.A.(N.S,)    1060. 

Sufficiency  of  selection  or  designation  of 
part  sold  out  of  a  larger  lot.  26  L.R.A. 
(N.S.)   41. 

Validity  of  chattel  mortgage  of  stock  of,  as 
affected  l)y  provision  or  agreement  giv- 
ing mortgagor  possession  with  power 
of  Bale.    36  L.R.A. (X.S.)   118L 


MERCHANTS. 


Libel  or  slander  of,  see  Libel  and  Slander, 

§§  Ifi,  17,  26. 
Unlawful  combinations  of,   or  against,  see 

Monopolies,  II. 
Liability  for  sale  of  dangerous  or  defective 

article  or  substance,  see  Negligence,  § 

15. 

Validity  of  contract  by  unlicensed  mer- 
chant.    12  L.R.A. (N.S.)   616. 

Discrimination  against  nonresidents  by 
statute  or  ordinance  imposing  license 
tax  on.    40  L.R.A. (N.S.)  285. 

Conrnlt  also  L.R.A.  Digests  of  Cases. 


[MERCHANTS— cont'd 

Power  of  municipality  to  regulate  use  of 
scales  by.     23  L.R.A.(N.S.)   266. 

Liability  for  malicious  acts  of  employee* 
towards  customers.  4  L.R.A.  (N.S.) 
485. 

^lerchants  as  peddlers  or  hawkers  within 
statutory  or  municipal  regulations. 
L.R.A. 1916B,   1296. 

Validity  of  restrictive  agreement  ancillary 
to  sale  of  mercantile  business  as  af- 
fected by  its  territorial  scope.  L.R.A, 
1916C,  630. 

Validity  of  public  restrictions  as  to  loca- 
tion of  mercantile  business.  49  L.R.A. 
(N.S.)   438;  L.R.A.1917F,  1060. 

Validity  of  statute  or  ordinance  requiring 
closing  of  mercantile  establishment  at 
certain  hours.    L.R.A.1916A,  654. 


MERCHANTS'  DESPATCH. 

Character  of,  as  common  carriers.  42  L.R.A, 
(N.S.)    902. 


MERCY. 

Intimation  that  recommendation  to  mercy 
would  be  entertained  as  ground  for  re- 
versal of  conviction.  40  L.R.A. (N.S.) 
239. 


MERETRICIOUS  RELATIONS. 

See  also  Illicit  Cohabitation. 

Effect  of  meretricious  relations  between 
testator  and  beneficiary  on  validity  of 
devise  or  bequest.  17  L.R.A.  (N.S.  > 
477. 

Right  to  recover  for  household  services  ren- 
dered while  the  parties  were  living  in 
illicit  relations.  29  L.R.A, (N.S.)  787 j 
L.R.A.1917B,  683. 

Character  of  presumption  as  to  undue  in- 
fluence in  bequest  to  mistress.  11 
L.R.A.(N.S.)  554;  17  L.R.A.  (N.S.) 
477. 

Slander  in  charging  woman  with  being  one's 
mistress.     24  L.R.A. (N.S.)    611, 


MERGER. 


§   1.  Generally. 

Of  contracts,  see  Contracts.  §  60. 

Of  corporations,  see  Corporations,  III. 

Of  mortgage,  see  Mortgage,  §  58. 

Of  stipulations  as  to  title  in  executory  con- 
tract in  subsequently  executed  convey- 
ance, see  Vendor  and  Purchaser,  §  42. 

In  case  of  estate  by  entireties.  30  L.R.A, 
313. 

Of  private  injury  for  death  of  child  in  pub- 
lic wrong.    41  L.R.A.  807.  '" 


d20 


INDEX  TO  L.R.A.  NOTES. 


MERGER— cont'd 

Effect  of  union  of  life  estate  and  remote  re- 
mainder or  reversion  in  the  same  per- 
son, u|)on  intermediate  contingent  re- 
mainder.    7   L.R.A.(N.S.)    433. 

Sale  of  collateral  merging  security  in  debt. 
37  L.R.A.(N.S.)   714. 

§   2.  In    judgment. 

Merger  of  cause  of  action  in  foreign  judg- 
ment in  personam.     20  L.R.A.  681. 

Effect  of  judgment  against  garnishee  to 
merge  principal  debtor's  liability.  47 
L.R.A.  131. 

Judgment  on  judgment  of  sister  state  as 
merger  of  the  original.  42  L.R.A. 
(N.S.)   360. 


MERITS. 

Affidavit  of,  see  Judgment,  §  88. 


MERRY-GO-ROUND. 


41 


Injunction    against,    by    municipality 

L.R.A.  322. 
Liability    of  person  maintaining,  for  safety 

of  patrons.     42  L.R.A.  (N.S.)    1070. 


aiESNE   PROFITS. 


Right  of  doweress  to.     21  L.R.A.  180. 

Liability  of  cotenant  for.    28  L.R.A.  857. 

Claim  for,  as  debt  within  provision  as  to 
imprisonment  for  debt.     34  L.R.A.  641. 

Burden  of  proof  in  action  to  recover  for 
failure  to  execute  process.  3  L.R.A. 
(N.S.)   420. 

Recovery  of,  by  landowner  upon  retaking 
possession  of  land  upon  which  there  are 
standing  crops  raised  by  one  not  in 
privity  with  him.     L.R.A.1918A,  552. 


MESSAGES. 


Telegraph  messages,  see  Texegraphs,  §  8. 
By  telephone,  see  Telephones,  §  10. 


MESSENGER. 


with 


Improper    influence    or    interference 
grand  jury  by.    28  L.R.A.  371. 

Duty  and  liability  for  conduct  of  messen- 
gers furnished  for  use  of  others.  2 
L.R.A.  (N.S.)   1091. 

Liability  for  personal  injury  caused  by  dis- 
trict messenger.     L.R.A.1918D,  360. 

Begin  with  this  hoolc  on  every  law  question. 


Sufficiency 
larger 


METALS. 

of    delivery  of,  on  sale  out  of 
lot.     26  L.R.A. (N.S.)   44. 


METERS. 

Gas  meter,  see  Gas,  §  10. 
For  water,  see  Waters,  §  124. 


METHEGLIN. 


Judicial  notice  of  intoxicating  character  of. 
48  L.R.A. (N.S.)    316. 


MEXICAN  GRANT. 

Location    of    mining    claim    on,     7     L.R.A. 

(N.S.)  786. 


MEXICAN  REVOLUTION. 

Litigation    arising    out    of.      L.R.A. 1917A, 
280;  L.R.A.1918E,  361. 


MIDDLEMAN. 


Liability  of  seller  for  injury  due  to  defects 
in  things  sold,  see  Negligence,  §  15. 

Fraud  and   secret  dealings   of,  as  affecting 
commissions.     45  L.R.A.  51. 


MID  WIVES. 


Midwifery  as  practice  of  medicine  contra- 
vening statute.     17  L.R.A. (N.S.)   94. 

Constitutionality  of  statute  as  to  reporting 
and  registering  births,  deaths,  etc.  39 
L.R.A.(N.S.)   1015. 


MIGRATION. 


As  ground  for  forfeiting  corporate  charter. 
24  L.R.A.  462. 


MIGRATORY   BIRDS. 

Constitutionality  of  the  migratory  birds 
provision  in  the  act  of  Congress  of 
March   4,    1913.   L.R.A.1915F,   1031. 


INDEX  TO  L.R.A.  ^OTES. 


921 


KILCH  COWS. 

Police  regulations  as  to  food  for.    1  L.R.A. 
(N.S.)  932. 


MILEAGE    BOOKS. 

Validity  of  statutes  requiring  issuance  of, 
at  reduced  rates.    7  L.R.A.  (N.S.)   1086. 

Validity  of  regulations  by  public  concerning 
the  manner  of  using.   L.R.A.1915E,  902. 


MILITARY  DUTY. 


In  general,  see  Abmy  and  Navy;  Militia. 

Homicide  in  discharge  of  military  duty. 
67  L.R.A.  295. 

Scope  and  effect  of  provision  exempting  in- 
surer from  loss  caused  by  military 
power.     36  L.R.A. (N.S.)   1155. 


MILITARY  LAWS. 

Right  to  convict  for  offense  against  both 
military  and  civil  authorities.  31 
L.R.A.(N.S.)   710. 


MILITARY  POWER. 

As  to  compulsory  military  service,  see  CoM- 
PULSOBY  Military  Sebvice. 

Power  of  governor,  in  exercise  of  power  to 
suppress  insurrection,  to  authorize 
arrest  and  detention  of  persons  without 
turning  them  over  to  the  civil  authori- 
ties.   12  L.R.A.(N.S.)  979. 


MILITARY  RESERVATION. 

Location  of  mining    claim    on.     7    L.R.A. 

(N.S.)  790. 
Cutting  of  timber  on.     70  L.R.A.  909. 


■♦»♦■ 


MILITARY  SERVICE. 

See  Aemy  and  Navy. 


MILITIA. 

Exemption  of  firemen  from  duty  in,  see 
FiBE  Depaktment,  §  2. 

Giving  of  free  service  or  reduced  rates  to 
state  militia  by  public  service  corpora- 
tion as  an  unlawful  discrimination. 
L.R.A.1918D,  907. 

Calling  out,  for  service.     15  L.R.A.  116. 

Consult  also  L.R.A.  Digests  of  Cases. 


MILITIA— cont'd 

Enlistment  in,  of  minor  without  parent's 
consent,  39  L.R.A. (N.S.)   454. 

Power  of  governor  to  disband.  23  L.R.A. 
510. 

Are  state  militias  subject  to  the  articles  of 
war  of  the  United  States.  40  L.R.A. 
(N.S.)  354. 

Right  conferred  by  statutory  exemption  of 
fireman  from  jury  or  militia  duty.  8 
L.R.A.  (N.S.)   498.  • 

Right  of  officer  of  regiment  of,  to  maintain 
action  for  libel  or  slander  based  on 
charges  against  officers  of  regiment 
without  naiping  any  particular  one. 
23  L.R.A. (N.S.)    728. 

Power  to  require  carrier  to  transport  mi- 
litia at  reduced  rate.  41  L.R.A.  (N.S.) 
524. 

Power  of  state  under  Federal  Constitution 
to  legislate  with  respect  to  militia. 
L.R.A.1918C,  307. 

Power  of  legislature  to  make  'appropriation 
to  compensate  injured  militiaman.  44 
L.R.A.(N.S.)    83. 

Power  to  change  the  duties  or  field  of  ser- 
vice of  militiamen.     L.R.A.1915E,  235. 

Civil  and  criminal  responsibility  of  militia- 
men.    L.R.A. 1915A,   1141. 


MILK. 


See  Food,  §  8. 


MILKMEN. 


Regulations  as  to  generally,  see  Food,  §  8. 

Milkmen    as   peddlers   or   hawkers.    L.R.A. 
1916B,    1297. 


MILLDAM. 


See  Dams. 


■♦•» 


MILLING  IN  TRANSIT. 

See  Tbansit  Pbivileges. 
♦•» 


MILL    POND. 

Right  to  fish  in.     60  L.R.A.  513. 

Right  to  consider  value  of  property  as  part 
of  natural  waterpower  in  fixing  com- 
pensation for  taking  land  for.  3  L.R.A. 
(N.S.)  912. 


MILL  RACE. 


See  Race,  §  3. 


922 


INDEX  TO  L.R.A.  NOTES. 


MHiiiS. 

§   1.  Generally. 

Milldams,  see  Dams. 

Grant  of  water  power  for,  see  Watebs,  §§ 
99,  100. 

Situs  of  mill  site  or  water  power  for  pur- 
poses of  taxation.     L.R.A.1917F,  591. 

Servants  in,  as  fellow  servants.  50  L.R.a. 
436,  461. 

Persons  ojferating,  as  independent  con- 
tractors. 65  L.R.A.  467,  488;  17  L.R.A. 
(N.S.)   374. 

Character  of  occupancv  of  emplovees  in. 
4  L.R.A. (N.S.)   715.  , 

Interference  with  mill  by  damming  back 
water  of  stream.     59  L.R.A.  819. 

Loss  of  profits  as  elements  of  damages  for 
interference  with  water  power  of  mill. 
52  L.R.A. (N.S.)   1004. 

Right  to  exercise  power  of  eminent  domain 
for  purpose  of.     18  L.R.A.(N.S.)  356. 

§   2.  Conveyance   of. 

How  far  grant  of  mill  includes  water  right. 

58  L.R.A.  487. 
What  passes  bv  devise   of  a  mill.     L.R.A. 

1917D,  435^  436. 

§  3.  Rights  of  upper  and  lower  own- 
ers. 

Right  as  between  appropriator,  above,  and 
junior  appropriator  below,  mill,  during 
periods  when  water  is  not  used  by  mill. 
30  L.R.A. (N.S.)   615. 


37 


§   4.  Tolls,    rates,    and    prices. 

Right   to   take   toll   without   franchise. 
L.R.A.  712. 

Legislative  regulation  of  tolls  of.  33  L.R.A. 
182. 

Business  of,  as  affected  with  a  public  inter- 
est authorizing  regulation  of  rates  and 
prices.     6   L.R.A. (N.S.)    836. 


MINERAL   LANDS. 

* 

Right  to  cut  timber  on.    70  L.R.A.  904. 


MINERAL   OIL. 

See  Mines,  §§  33-38. 


MINERALS. 


In  general,  see  Mines. 

Right  to  minerals  in  highway,    see    High- 
ways. §  44. 


Begin  uHth  this  hook,  on  every  law  question. 


MINES. 

7.  In  gpncrah   §§   1-3. 
II.   On  public  Inyids,   §§   4-20. 
a.  In   general,   §§   4-8. 
h.  Location,    §§   9-21. 

c.  Relocation,    §§   22,   23. 

d.  Adverse  or  protest,  §  24. 

e.  Assessment    irork;   abandon- 

ment: forfeiture,  §§  25,  26. 

III.  On   private    land,    §§    27-3S. 

a.  In  general,   §§   21-30. 

b.  Coal,   §§  31,  32. 

c.  Oil  and  gas,   §§   .33-38. 

1.  In   general,    §§    33,   34. 

2.  Leases,    §§    35-38. 

IV.  Employees    and    independent    con- 

tractors   in,   §§    39-42. 

I.  In   general. 

§    1.  Generally. 

Condemnation  of  land  for  mining  purposes, 

see  Eminent  Domain,  §  12. 
Injunction   against   mining  operations,    see 

IXJUNCTIOX,  §  24. 

Mineral  rights  of  life  tenant,  see  Life  Ten- 
ants, §§  3,  4. 

Master's  liability  for  injury  to  employee  in, 
see  Master*  AND  Servant,  §§  91,*91a. 

Mining     corporation,     see    Mining    Cobpo- 

RATION. 

Mining  partnership,  see  Mining  Pabtneb- 

SHIP. 

Pollution  of  water  for  mining  purposes  or 
by  mining  operations,  see  Waters,  §  58, 

Organization  of  mining  lands  into  munici- 
pal corporation,     L.R.A.1918B,  1090. 

Operation  of  mine  as  a  nuisance.  L.R.A. 
1917B,  313. 

Right  to  discharge  water  from,  on  lower 
land.     42  L.R.A.  (N.S.)   714. 

Right  to  partition  mineral  lands.  L.RJL. 
1916D,  1154. 

Working  part  of  mine  as  adverse  possession 
of  wliole  property.     3  B.  R.  C.  418. 

Extent  of  rights  acquired  by  adverse  pos- 
session of  surface  of  land.  4  B.  R.  C. 
238. 

§   2.  Minerals  generally. 

Widow's  dower  right  in  minerals,  see  Dow- 
er, §   18. 

Specific  performance  of  contract  for  product 

of  mine.     L.R.A.3918E,  623. 
Sufficiencv  of  deliverv  of  minerals  on   sale 

out  of  larger  lot'     20  L.R.A. (N.S.)   44. 
Right  to  mineral  in  railroad  right  of  way 

as  between  com  pan  v  and  fee  owner.    45 

L.R.A. (N.S.)    801.  ' 
Minerals  as  subject  of  larcenv.     49  L.R.A. 

(N.S.)    966,  969. 
Constitutionality    of    classification   oT    min- 
erals for  purpose  of  taxation.     L.R.A. 

1916F,  164. 
Effect   of   partition   of   premises   leased   for 

mining  purposes  on  riglit  to  the  roval- 

ty.     L.R.A.1918B,  1080. 

§  3.  Acquiring  property  by  eminent 
domain. 

Taking  of  propertv  for  mining  purposes  as 
a  public  purpose.    22  L.R.A. (N.S.)  153. 


INDEX  TO  L.R.A.  NOTES. 


923 


MINES,  I.— cont'd 

Production  of  gold  as  a  public  purpose  for 
which  the  right  of  ciuinciit  doiiiaiu  may 
be  exercised.     15  J..lv.A.  (X.S.)   OHi. 

Taking  property  for  mining  road  under 
power  of  eminent  domain.  1  L.R.A, 
(X.S.)    977:    22   L.R.A.  (N.S.)    701. 

Power  to  e.xercise  riglit  of  eminent  domain 
for  purpose  of  securing  right  of  way 
ior  tunnel.     4  L.R.A. (N.S.)    106, 

11.  On  public  lintdn. 
a.  In   general. 

§    4.  Generally, 

Specific  peiformance  of  contract  for  inter- 
est in  mining  claim.     L.R.A. H)18E,  627. 

Conclusiveness  of  decisions  or  findings  of 
the  Land  Department  as  to  whether 
land  is  mineral  or  nbnmineral.  L.R.A. 
19181),  (527. 

Question  relating  to  mining  claims  as  Fed- 
eral   question.      62    L.R.A.   534. 

C!ustom  as  to  prior  appropriation  of  water 
for.     30  L.R.A:  669. 

Pollution  of  stream  bv  nlining  operations. 
24  L.R.A.  04;  22  L.R.A. (N.S.)  276:  38 
L.R.A.  (N.S.)    272;   L.R.A.1915D,  91L 

Acquiring  title  to  mining  claim  by  adverse 
possession.     40  L.R.A. (N.S,)    817, 

Right  to  cut  timber  on  mineral  lands.  70 
L.R.A.  904. 

Descent  of  unpatented  mining  claim,  4 
L,R.A.(N.S.)   919. 

Liability  for  removal  of  lateral  or  sub- 
jacent support  of  land  bv  placer  min- 
ing.    68  L.R.A.  674. 

Interest  of  other  than  the  owner  of  soil 
in  mineral  in  situ  as  independent  sub- 
ject  of  taxation,     L,R.A.1916D,   307. 

Hight  to  pump  up  water  where  the  result 
is  to  carrv  away  another's  mineral  in 
solution.    "^5  B.  R,  C.  254, 

Right  of  owner  or  lessee  of  mineral  in  place, 
as  to  use  of  surface,  48  L.R,A, 
(X.S,)    883, 

§  5.  Rights  under  tunnel-site  loca- 
tions. 

Statutory  authority  for  tunnel-site  loca- 
tions.    53  L.R.A.  794. 

Precedence  as  between  tunnel  locator  and 
surface  locator.     53  L.R.A.  794. 

Extent  of  tunnel  locator's  right  to  veins  dis- 
covered in  tunnel.    53  L.R.A.  795, 

Necessity  of  following  up  discovery  in  tun- 
nel by  location  on  surface,  53  L,R.A, 
795, 

Right  and  duty  of  tunnel  locator  to  "ad- 
verse" surface  locations;  meaning  of 
"line  of  tunnel,"  53  L.R.A.  796. 

Expenditures  on  tunnel,     53  L,R,A,,  799. 

Location  and  notice  of  tunnel  claim.  53 
L.R.A.  799. 

jVIiscellaneous.     53  L.R.A.  799. 

§  6.  Lodes  or  veins  within  placer 
claims. 

Generally.     50  L.R.A.  289. 

When  lode  excluded  from  placer  patent.    50 

L.R.A.  289. 
Consult  also  L.R.A.  Digests  of  Cases, 


MINES,  II.  a— cont'd 

Entertaining  applications,  and  granting  pat- 
ents, for  lode  claims  after  issuance  of 
placer  patent.     50  L.R.A.  29.3. 

Width  of  lode  claim.     M  L.R.A.  294. 

Adverse;  effect  of  judgment  in  adverse  suit. 
50  L.R.A.  294.' 

Right  to  locate  lode  claim  before  applica- 
tion for  placer  patent.     50  L.R.A.  295. 

Miscellaneous.     50  L.R.A.  296. 

§  7.  Veins  Intersecting,  crossing,  or 
uniting. 

V'eins  intersecting  or  crossing,  generally.  50 

L.R.A.   209. 
Necessity  of  adversing.     50  L.R.A.  212. 
Veins  uniting.     50  L.R.A.  212. 
Extent   of   tunnel   locator's   rights   to  veins 

discovered  in  tunnel.    53  L.R.A.  795. 

§  8.  Right  to  follow  vein  on  dip  be- 
yond surface  lines. 

In  general.     53  L.R.A.  491. 

Parallelism  of  lines.    53  L.R.A.  492. 

When  the  apex  crosses  both  side  lines.     53 

L.R.A.  495. 
When  the  apex  crosses  an  end  line  and  a 

side  line.     53  L.R.A.  496. 
When  the  apex  enters  across  a  side  line  and 

departs  across  tiie  same  side  line.     53 

L.R.A.  497. 
Identity    of    the   vein   or    lode.      53    L.R.A. 

497. 
Conflict  and  priority  of  rights,     53  L,R,A. 

499. 
Uniting   interests;    laying    lines   of   junior, 

upon  senior,  location.    53  L.R.A.  501. 
The  right  as  affected  by  contract,    53  L.R.A. 

502. 
Degree  of  dip.     53  L.R.A.  503. 
Right  as  to  veins  other  than  discovery  vein. 

53  L.R.A,  503, 
Title  to  ore  bodies  that  apex  beyond  claim, 

when  adverse  party  cannot  follow  dip. 

53  L,R,A,  504. 
Miscellaneous,     53  L.R.A,  506. 

b.  Location, 

§   9.  Generally. 

Mining  claim  and  location  defined,    7  L,R,A. 

(N.S,)    765. 
Right  to  locate  lode  claim  before  application 

for  placer  patent.     50  L.R.A.  295. 
Effect  of  excessive  location  of  mining  claim. 

28  L.R.A. (N.S.)   1029. 

§10.  Location  previous  to  mining 
statutes. 

Foundation   of   the   rigiit.     7   L.R.A. (N.S.) 

768. 
Miners'    rules    and    regulations.      7    L.R.A. 

(N.S.)    768. 
What  land  could  be  taken.     7  L.R.A, (N.S.) 

769, 
The  question  of  possession.     7  L.R.A. (N.S.) 

772. 
Extent  of  claim.     7  L.R.A. (N.S.)    773. 
Notice   of   appropriation.     7   L.R.A. (N.S.) 

774. 


924 


INDEX  TO  L.R.A.  NOTES. 


MINES,  II.  b— cont'd 

§    11.  Statutory  authority  for. 

The  Federal  statutes.     7  L.R.A.(X.S.)   775. 

Supplementary  legislation  by  states  and  ter- 
ritories.    7   L.H.A.(N.S.)    776. 

Supplementary  rules  and  regulations  of 
miners.     7  L.R.A.   (N.S.)   776. 

§   12.  What  lands  may  be  located. 

Unoccupied,  unappropriated  public  domain. 

7  L.R.A.(N.S.)    777. 
Mineral  lands.     7  L.R.A.(N.S.)   791. 
What  substances  in  lands   are  mineral.     7 

L.R.A.(N.S.)    805. 
Placer  deposits.     7  L.R.A. (N.S.)   809. 
Coal  and  oil  lands.    7  L.R.A. (N.S.)  810. 

§   13.  Who  may   locate. 

The  general  rule.     7  L.R.A. (N.S.)   812. 
Citizens.     7  L.R.A. (N.S.)   812. 
Corporations.      7   L.R.A. (N.S.)    816. 
Nonresidents,  minors,  etc.     7  L.R_A. (N.S.) 

816. 
Agents,  partners,  etc.     7  L.R.A. (N.S.)   817. 

§   14.  Discovery. 

Necessity   of.     7    L.R.A.(N.S.)    819. 
Prospecting  for.     7  L.R.A.(N.S.)   820. 
What  constitutes.     7  L.R.A.(N.S.)    821. 
The  apex   with   reference   to  discovery   and 

holding  surface.     7   L.R.A. (N.S.)    824. 
By  whom  made.     7  L.R.A. (N.S.)   825. 
Time   of   mailing.     7   L.R.A.(N.S.)    825. 
Place  of.     7    L.R.A. (N.S.)    826. 
Determination  as  to  existence  and  discovery 

of  ore.    7  L.R.A. (N.S.)  829. 
Discovery  in  placer  mining.    7  L.R.A.(N.S.) 

'831. 
Necessity  of  following  discovery  in  tunnel  by 

location  on  surface.    53  L.R.A.  795. 

§    15.  Notice  of. 

When  required.     7  L.R.A.  (N.S.)    832. 
The  purpose  or  object.    7  L.R.A.(N.S.)  833. 
Posting.     7   L.R.A. (N.S.)    833. 
Contents.      7    L.R.A.  (NS.)    834. 
In  placer  mining.     7  L.R.A. (N.S.)    838. 
Location  and   notice  of  tunnel  claims.     53 
L.R.A.  799. 

§    16.  Discovery  or  development  work. 

Provision  for.     7  L.R.A. (N.S.)    839. 
Purpose  and  validity.     7  L.R.A.(N.S.)   839. 
Effect   of    noncompliance.      7    L.R.A. (N.S.) 

839. 
Location  of  shaft.     7  L.R.A. (N.S.)   840. 
The  disclosure  of  mineral.     7  L.R.A. (N.S.) 

841. 
Time  of  completion.     7  L.R.A.  (N.S.)    842. 
Equivalent   of   the   shaft.     7    L.R.A. (N.S.) 

842. 

§    17.  Surface  area  of. 

The    surface    incident    to    lode.      7    L.R.A. 

(N.S.)    842. 
Location   with   reference   to   strike  of  vein. 

7  L.R.A. (N.S.)   843. 
Form.     7  L.R.A. (N.S.)    845. 
Size.     7   L.R.A. (N.S.)    848. 
Fixing     boundaries;      swinging     claim.       7 

L.R.A. (N.S.)    851. 


MINES,  II.  b— cont'd 
Laying    over    adjoining    claims. 
(N.S.)    853. 


7    L.R.A, 


Begin  with  this  hoolc  on  evei'y  law  question. 


§    18.  Marking  upon  the  ground. 

Provision  for  and  purpose  of.  7  L.R.A. 
(N.S.)    856. 

Necessity  of  compliance.  7  L.R.A. (N.S.) 
856. 

Time  of.     7   L.R.A. (N.S.)    857. 

Sufficiency  of.     7  L.R.A. (N.S.)   858. 

Marking  placer  claims.  7  L.R.A.  (N.S.) 
862. 

Controlling  character  of  marks.  7  L.R.A. 
(N.S.)     863. 

Removal  or  obliteration  of  marks.  7  L.R.A. 
(N.S.)    864. 

Necessity  of  marking  on  the  ground  bound- 
aries of  placer  claims  on  surveyed  land 
of  the  United  States.  3  L.R.A. (N.S.) 
993. 

§    19.  Record. 

Necessity  of,  under  the  Federal  statute.     7 

L.R.A.(N.S.)    864.   ' 
Provisions  for,  by  state  and  territorial  stat- 
utes.    7   L.R.A.  (N.S.)    865. 
Provision   for,  by   rules  and   regulations  of 

miners.     7   L.R.A.  (N.S.)    866. 
Purpose   and   effect.      7    L.R.A. (N.S.)    867. 
Application  of  rules  to  placer-mining  claims. 

7   L.R.A.(N.S.)    867. 
Contents.     7  L.R.A. (N.S.)    868. 
Verification.     7  L.R.A. (N.S.)    875. 
The  act  of  recording.     7  L.R.A. (N.S.)    877. 
The  record  as  evidence.   7  L.R.A.  (N.S.)  879. 

§2  0.  Additional  or  amended  location. 

Authority  for   and   purpose  and  nature  of. 

7  L.R.A. (N.S.)   880. 
By  whom  it  may  be  made.     7  L.R.A.  (N.S.) 

88L 
Defects  which  may  be  reached  and  changes 
made.    7  L.R.A. (N.S.)  882. 

§  21.  Full  performance  as  prerequisite 
to  possessory  title. 

General   rule.      7   L.R.A. (N.S.)    884. 

The    question    of    time   of   performance.      7 

L.R.A. (N.S.)    885. 
Exceptions   based   on   possession.     7   L.R.A. 

(N.S.)    886. 


c.  Relocation. 

§   22.  Generally. 

Additional  or  amended  location,  see  supra, 
§  20. 

Right  of  cotenant,  agent,  or  person  standing 
in  other   fiduciary   relation,  to  re- 
locate a  mining  claim  for  his  own 
benefit    to   the    exclusion    of    other 
party.     50  L.R.A.  184. 
Respective  rights  of  one  who  relocates  min- 
ing ground   before,   and   one  who   relo- 
cates it  after,  the  abandonment  or  for- 
feiture of  a  senior  location.     16  L.R.A. 
(N.S.)   162. 


INDEX  TO  L.R.A.  NOTES. 


925 


MINES,  II.  c— cont'd 

When  mining  claim  becomes  segregated  from 
public  domain  so  as  to  be  no  longer  sub- 
ject to  requirements  for  assessment 
work  or  liable  to  relocation.  38  L.R.A. 
(N.S.)   1121. 

§   23.  — as  abandoned  or  forfeited. 

When  claim  subject  to  relocation.  68  L.R.A. 
833. 

Resumption  of  work.    68  L.R.A.  837. 

Wlio  may  relocate.     68  L.R.A.  841. 

When  all  or  part  of  forfeited  or  aban- 
doned claim  was  within  lines  of  junior 
location,  or  subsequent  right  of  way. 
68  L.R.A.  842;   16  L.R.A. (N.S.)    162. 

Requisites  and  mode  of  relocation.  68 
L.R.A.  845. 

Right  of  relocator  to  be  credited  with  value 
of  improvements  made  by  original  lo- 
cator.     68   L.R.A.   846. 

Character  and  availability  of  relocator's 
rights.     68   L.R.A.   846. 

Burden  of  proof;   pleading.     68  L.R.A.  847. 

Procedure  wlien  relocation  made  pending  ap- 
plication for  patent.     68  L.R.A.  847. 

Placer  claims.     68  L.R.A.  848. 

Miscellaneous.     68  L.R.A.  848. 

d.  Adverse  or  protest. 

§   24.  Generally. 

Right  and  duty  of  tunnel  locator  to  "ad- 
verse" surface  locations.    53  L.R.A.  796. 

Adverse;  effect  of  judgment  in  adverse  suit. 
50  L.R.A.  294. 

Necessity  of  adversing  in  case  of  veins  in- 
tersecting, crossing,  or  uniting.  50 
L.R.A.  212. 

Duty  and  riglit  of  excluded  co-owner  to  file 
adverse  or  protest  against  application 
for  patent  to  a  mining  claim.  4  L.R.A. 
(N.S.)    1126. 

e.  Assess^nent  work;  abandonment; 
forfeiture. 

§   2  5.  Assessment  work. 

Discovery  or  development  work  as  essential 
element  of  location,  see  supra,  §  16. 

Effect  of  performance  of,  or  contribution 
to,  assessment  work  by  one  not  tlie 
owner  of  the  legal  title,  nor  his  agent, 
to  prevent  forfeiture  of  mining  claim. 
9  L.R.A.(N.S.)    1136. 

When  mining  claim  becomes  s^regated 
from  public  domain  so  as  to  be  no 
longer  subject  to  requirements  as  to 
assessment  work  or  liable  to  relocation. 
38  L.R.A.(N.S.)   1121. 

§  26.  Abandonment;   forfeiture. 

Relocation  of  mining  claim  as  forfeited.  68 
L.R.A.  833. 

Respective  rights  of  one  relocating  a  min- 
ing claim  before  and  one  relocating  it 
after  abandonment  or  forfeiture  of 
senior  location.     16  L.R.A.(N.S.)    162. 

Effect  of  previous  abandonment  of  opened 
mine  on  rights  of  tenant  for  life.  36 
L.R.A.  (N.S.)    1103. 

Consult  also  L.R.A.  Digests  of  Cases. 


MINES,  II.  e— cont'd 

Effect  of  performance  of,  or  contribution  to 
assessment  work  by  one  not  the  owner 
of  the  legal  title,  nor  his  agent,  to  pre- 
vent forfeiture  of  mining  claim.  9 
L.R.A.(N.S.)    1136. 

///.  On  private  land, 
a.  In  general. 

§   2  7.  Generally. 

When  the  statute  of  limitations  begins  to 
run  against  action  based  upon  removal 
of  minerals  from  real  estate.  L.R.A. 
1917C,  116. 

Effect,  upon  remote  grantee,  of  reservation 
or  exception  of  mineral  rights.  4 
L.R.A. (N.S.)    477. 

Effect  of  mining  rights  on  marketability 
of  title.*     38  L.R.A. (N.S.)   32. 

Right  of  dower  in.     16  L.R.A.  247. 

Mineral  rights  of  tenant  for  life.  36  L.R.A. 
(N.S.)    1099. 

Possession  of  surface  as  possession  of  min- 
erals within  rule  against  conveyance  of 
land  held  adversely.  35  L.R.A.(N.S.) 
745. 

Fraudulent  concealment  or  misrepresenta- 
tion as  to,  by  purchaser.  30  L.R.A. 
(N.S.)    751. 

Jurisdiction  of  action  for  conversion  of  min- 
erals from  land  in  another  state  or 
country.  26  L.R.A.  (N.S.)  940:  34 
L.R.A.'(N.S.)    994. 

Interest  of  one  other  than  owner  of  soil,  in 
mineral,  in  situ  as  independent  subject 
of  taxation.  17  L.R.A.  (N.S.)  688; 
L.R.A.1916D,  307. 

Interference  by  owner  of  soil  with  removal 
of  minerals  or  timber  during  term  fixed 
.  by  lease  or  sale  as  extending  time  for 
removal.     34  L.R.A. (N.S.)    120. 

Ejectment  to  recover  mining  rights.  18 
L.R.A.  787. 

Pollution  of  stream  by  mining  operations. 
24  L.R.A.  64;  22  L.R.A. (N.S.)  276; 
38  L.RJk.(N.S.)    272. 

§  28.  Right  to  minerals  under  high- 
way. 

See  Highways,  §  44. 

§   29.  Surface  support. 

As  to  lateral  support  of  land  and  buildings, 
generally,  see  Latebal  Support. 

Liability  for  removal  of  subjacent  support 
by  'mining.  68  L.R.A.  675 ;  2  L.R.A. 
(N.S.)   1115;  41  L.R.A.(N.S.)   236. 

Liability  of  lessor  of  mining  right  for  inju- 
ry to  surface.     10  L.R.A. (N.S.)    822. 

Injunction  against  removal  of  subjacent 
support  by  mining.  16  L.R.A. (N.S.) 
851. 

When  does  statute  of  limitations  commence 
to  run  against  action  for  injury  to  sur- 
face by  mining  operations  or  other  ex- 
cavations.    23  L.R.A. (N.S.)   805. 

§   30.  Leases. 

Of  coal  mine,  see  infra,  §  32. 

Oil  and  gas  leases,  see  infra,  §§  35-38. 


926 


INDEX  TO  L.R.A.  NOTES. 


MINES,  III.  a— <Jont'd 

When  instrument  creating  right  in  minerals 
in  land  is  to  be  regarded  as  a  lease,  as 
distinguished  from  a  license.  18 
L.R.A.  492;  26  L.R.A.(N.S.)-G14. 

Injunction  against  mining  operations  by 
lessee  pending  dispute  as  to  forfeiture 
of  lease.     1   L.RA.(N.S.)    333. 

Effect  of  lease  on  marketability  of  title. 
38  L.R.A.(N.S.)    32. 

b.  Coal. 

§  31.  Generally. 

Surface  support,  see  supra,  §  29. 

Right  of  dower  in  mine.     16  L.R.A.  247. 

Right  to  drill  through  coal  of  another  own- 
er,   25  L.R.A.  225. 

Coal  as  real  estate  for  purposes  of  taxation. 
1,5  L.R.A.  207. 

Classification  of  coal  for  purpose  of  taxa- 
tion.   L.R.A.1916F,  164. 

Discrimination  bv  carrier  in  furnishing 
coal  cars.  44L.R.A.(N.S.)  651;  L.R.A. 
1918D,  274. 

Rescission  or  abatement  from  price,  because 
of  deficiency  in  quantity  under  grant 
of  coal  in  place.     .51  L.R.A.  (XJ^.)   792. 

Right  of  grantee  of  coal  in  place  to  trans- 
port coal  from  adjoining  tract.  40 
L.R.A.(X,S.)    826. 

Right  to  locate  coal  lands.  7  L.R.A.  (N.S.) 
810. 

§   32,  Iiea.se. 

Distinction  betAveen  lease  and  license  as  to 
minerals.     18  L.R.A.  492, 

When  agreement  or  instrument  conferring 
right  to  mine  and  remove  coal  to  be  re- 
garded as  an  absolute  sale  or  convey- 
ance of  coal  in  place,  as  distinguished 
from  a  lease  or  a  conditional  sale.  4 
L.R.A.(X.S.)   207. 

Rescission  or  abatement  from  price  because 
of  deficiencv  in  quantity  under  lease  of 
coal  in  place.     .51  L.R.A.  (X,S,)   794. 

Implied  duty  to  develop  premises  under 
mining  lease  reserving  royalty  on  prod- 
uct where  lease  contains  no  provision 
for  paj'ment  of  minimum  royalties  or 
forfeiture  for  delay.    L.R.A.1915B,  561. 

c.  Oil  and  gas. 

1.  In  general. 

§   33.  Generally. 

Rights  of  life  tenant  as  to,  see  Life  Tkn- 
ANTS,  §  4, 

Oil  or  gas  as  a  mineral  within  a  grant  or 
reservation  of  mineral  or  mineral 
rights.     L.R.A.1918A,  491. 

Interest  of  other  than  the  owner  of  the 
soil  in  oil  and  gas  in  situ  as  independ- 
ent subject  of  taxation.  17  L.R.A. 
(X.S.)   688;  L.R.A.1916D,  310. 

Right  to  locate  oil  lands.  7  L.R.A.(N.S.) 
810. 

Discoverv  in  placer  mining  for  petroleum 
or  Mineral  oil.     7   L.R.A.  (X.S.)    832. 


Begin  with  this  hool^  on  every  late  qttestion. 


MIXES,  III.  c,  1— cont'd 

Business  of  supplying  natural  gas,  16 
L.R.A.  443. 

Right  to  forbid  exportation  of  natural  gas. 
3.5  L.R.A.  I  X.S.)    1193. 

Location  of  mining  claim  on  oil  lands.  7 
L.R.A. (X.S.)    "SIO. 

Right  to  partition  oil  or  gas  lands.  L.R.A. 
1916D,  1154. 

Injury  to  gas  or  oil  well  from  acts  done  on 
neigliboring  premises.  48  L.U.A. 
(X.S.)    167. 

Right  of  one  who  pumps  oil,  gas,  or  water 
on  his  premises  to  enjoin  similar  acta 
by  his  neighbor.  30  L.R.A.  (X.S.) 
1057. 

Right  to  pimip  up  water  where  the  result 
is  to  carrv  away  oil  or  gas  in  solution. 
5  B.  R.  C.  254. 

Constitutionalitv  of  statute  to  prevent 
waste  of.  23  L.R.A. (X.S.)  436:  L.R.A. 
1918B,  134. 

Pollution  of  stream  by  oil  well  refuse.  22 
L.R.A,(X.S.)    280. 

Right  of  municipality,  in  absence  of  con- 
tract, to  restrain  natural  gas  company 
from  discontinuing  the  business  of  sup- 
plying gas.    26  L.R.A.(X.S.)   92. 

§  34.  Xature  of  property  In  mineral 
oil  or  gas. 

Xatural  gas.     25  L.R.A.  222. 

Petroleum.     2.5  L.R.A.  223. 

Right  to  drill  through  coal  of  another  own- 
er.    25  L.R.A.  225. 

Xature. of  inttrest  in  leases.  25  L.R.A.  226. 
As  real  estate  or  personaltv.  42  L.R.A. 
.      (X.S.)    472. 

Gas  in  ground  as  real  property.  25  L.R.A. 
222. 

Oil  as  part  of  realty.     25  L.R.A.  223. 

Pipe  line  as  real  estate  for  purposes  of  tax- 
ation.    15  L.R.A.  299. 

2.  Leases. 

§    35.  Generally. 

Covenants  in,  as  to  payment  of  taxes  and 
assessments.     L.R.A.1915A,  360. 

Estoppel  to  deny  lessor's  title  as  affected 
by  the  fact  that  lessee  did  not  recognize 
lessor's  title  to  the  particular  property. 
52  L.R.A. (X.S.)   765. 

When  instrument  creating  right  in  min- 
erals in  land  is  to  be  regarded  as  a 
lease,  as  distinguished  from  a  license. 
18  L.R.A.  492;   26  L.R,A.(N.S.)   014. 

Xature  of  interest  in  lease.  25  L.R.A,  226. 
As  real  estate  or  personalty,  42  L.R.A. 
(X.S.)   472,^ 

Surrender  clause  in  oil  or  gas  lease  as  ren- 
dering it  unilateral,  L.R.A.1917B, 
1206. 

Construction  of  oil  or  gas  lease  covering 
tracts  of  land  owned  by  different  per- 
sons  in  severalty.     L.R.A.19171),   1124. 

Construction  and  effect  of  provision  in  min- 
ing lease  excusing  payment  of  mini- 
mum royalty.     L.R.A.1917E,  1078. 

Effect  of  partitioM  of  premises  leased  for 
mining  purposes  on  right  to  the  royal- 
ty.   L,R.A.1918B,  1080. 


INDEX  TO  L.R.A.  AOTES. 


927 


MINES,  III.  c,  2— cont'd 
Effect   of   provision   for   extension    of   term 
so  long  as  oil  or  gas   is  produced. 
43  L.R.A.  (N.S.)    848. 
What  constitutes  a  gas  well  within  an  oil 

and  gas  lease.     L.R.A.ini.")]),  1186. 
Place  of  use  of  gas  contemplated   Ijy  cove- 
nant or  res(!rvation   in  an   oil   and  gas 
lease.     L.R.A. 101  oE,   o70. 
Rights  and  duties  of  lessee  of  oil   and  gas 
privileges  as  to  the   locations  of  wells. 
41    L.R.A.  (N.S.)    1108. 
Liability  of  lessee  for  damages  to  lessor  for 
failure  to  protect  leased  premises  from 
wells  on  adjoining  land.     L.R.A. 1917E, 
981. 
Implied    duty    to    develop    premises    under 
mining    lease    reserving   a    royalty 
on    product,    where    lease    contains 
no  provision  for  payment  of  mini- 
mum   royalties    or    forfeiture    for 
delay.      L.R.A. 1915B,    561. 
Liability   of  tJie  lessee   in   oil   or  gas  lease 
for  damages  for  failure  to  develop  the 
leased    premises    during    the    term    for 
which  he  has  paid  delay  rental.    L.R.A. 
1917A,  178. 
Right  of  lessee   in   oil   or  gas   lease   to  de- 
termine    the     extent     of     development 
thereunder.     L.R.A.1915E,  10r>7. 
Effect   of    lease    on    marketability    of   title. 
38  L.R.A. (N.S.)   320. 

§  36.  Liability  for  rent  on  oil  and  gas 
lease, 

Ir.  gemral.  3,']  L.R.A.  847. 

Production  in  paying  quantities.  33  L.R.A. 
849. 

Liability  under  provision  for  rent  in  event 
of  failure  or  delay  in  developing  prem- 
ises.    44  L.R.A. (N.S.)   50. 

Termination  of  liability.     33  L.R.A.  850. 

Effect  of  alternative  provision  for  rent  in 
oil  and  gas   lease.     31   L.R.A.  674. 

§  C7.  Effect  of  as.signnient  of  oil  and 
gas  lease. 

Liability  of  assignor.     34  L.R.A.  62. 
l^iability  of  assignee,     34  L.xv.A.  63. 

§   38.  Forfeiture  of  oil  and  gas  lease. 

Crenerally.     31  L.R.A.  673. 

Manner  of  enforcing  forfeiture  clause.  31 
L.R.A.  673. 

Effect  of  provision  for  minimum  royalties 
or  an  annual  rental  upon  right  to  for- 
feit mining  lease  for  failure  to  prose- 
cute work.  11  L.R.A.(N.S.)  417;  30 
L.R.A.  (N.S.)    176. 

For  failure  to  develop  mining  premises  un- 
der lease  reserving  a  royalty  on  prod- 
uct, but  containing  no  provision  for 
payment  of  minimum  rovalties  or  for- 
feiture for  delay.     L.R.A'.1915B,  561. 

Waiver.     31  L.R.A.  673. 

EstoppeL  31   L.R.A.   673. 

How  forfeiture  clause  regarded.  31  L.R.A. 
674. 

Absence  of  obligation  clause.  31  L,R,A, 
674. 

Effect  of  alternative  provision  for  rent.  31 
.     L.R.A.  674. 

Consult  alHO  L.R.A.  Digests  of  Cases. 


MINES,  III.  c,  2— cont'd 

Ulio  may  set  up  forfeiture.     31  L.R.A.  674. 

Effect  of  forfeiture  provision  on  liability 
of  lessee  under  provision  for  rent  in 
event  of  failure  or  delay  in  developing 
premises.     44  L.R.A. (N.S.)   54. 

Rights  of  parties  to  oil  or  gas  lease  for- 
feited for  default  in  payment  to 
be  made  in  lieu  of  development.  43 
L.R.A. (N.S.)   487. 

Equitable  relief  against  forfeiture  of  min- 
ing lease.     69  L.R.A.   858. 

Right  to  declare  forfeiture  of  oil  arid  ga» 
lease  for  failure  of  the  lessee  to  mar- 
ket product  after  completing  well.  28- 
L.R.A.(N.S.)  959;  38  L,R,A.(N.S.) 
134. 

Equity  jurisdiction  to  cancel  oil  or  gas 
lease  for  failure  to  develop  premises. 
34  L.R.A. (N.S.)    34. 

Is  lessor  entitled  to  declare  forfeiture  of 
oil  and  gas  lease  for  failure  of  the 
lessee  to  market  produce  after  com- 
pleting well.    28  L.R.A. (N.S.)  5>59. 

IV.  Employees    and    independent    con- 
tractors  in. 

§   39.  Generally. 

Relation  of  master  and  servant  generally, 
see  Master  axd  Servant. 

Character  of  occupancy  of  employees  in. 
4   L.R.A. (N.S.)    716. 

Statute  requiring  mine  owner  or  operator 
to  furnish  wash  rooms  or  similar  con- 
veniences for  emplojees.  L.R.A. 1915B, 
420. 

§4  0.  Liability  for   injury  to. 

Liability  of  master  for  injury  to  servant 
generally,  see  Master  and  Servant. 

Statutory  provisions  for  protection  of  work- 
men in.     25  L.R.A.  848, 

Employee's  right  of  action  for  employer's 
violation  of  mining  acts.  9  L.R.A. 
(N.S.)   382;  L.R.A.1915E,  557. 

Duty  of  owner  of  mine  to  servants  of  per- 
son engaged  in  mining.     46  L.R.A.  7,2. 

Servant's  assumption  of  risk  from  changing 
condition  of  excavations  in.  during 
progress  of  work.    19  L.R.A. (N.S.)   352. 

Contributory  negligence  of  servant  in  con- 
tinuing work  in  mine  notwithstanding 
master's  promise  to  repair  where  dan- 
ger is  great  and  imminent.  2ft  L.R.A. 
(N.S.)    601. 

Liability  of  mine  owner  for  negligent  in- 
jury to  employee  of  independent  con- 
tractor working  the  mine.  45  L.R.A. 
(N.S.)   930. 

Evidence  as  to  condition  prior"  and  subse- 
quent to  accident.  32  L.R.A.  (N.S.) 
1095,    1108. 

§  41.  — through  negligence  of  fellow 
servants. 

Servants  in,  as  fellow  servants.  50  L.R.A, 
437,   4G1. 

Supervising  employees  in.  as  vice  princi- 
pals.    51  L.R.A.  534,  554,  582. 


928 


INDEX  TO  L.R.A.  NOTES. 


MINES,  IV.— cont'd 

Foremen  in,  as  vice  principals.  51  L.R.A. 
555. 

Operator  of  elevator  or  other  hoisting  ap- 
paratus as  fellow  servant  of  other  em- 
ployees in  mine.     41  L.R.A.  (N.S.)    158. 

Nondelegability  of  duty  to  protect  servants 
working  in.     54  L.R.A.  77. 

Imputing  to  master  coservant's  negligence 
in  respect  to  dangers  in.  54  L.R.A, 
138. 

Liability  of  master  for  negligence  of  super- 
vising employee  in  mine  for  acts  done 
outside  the  scope  of  his  statutory  duty. 
48   L.R.A. (N.S.)    938. 

§   42.  Independent  contractors  in. 

Persons  operating,  as  independent  contrac- 
tors.   65  L.R.A.  467,  488. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  work  in.  65 
L.R.A.  654. 

Liability  of  mine  owner  for  negligent  in- 
jury to  employee  of  independent  con- 
tractor working  the  mine.  45  L.R.A. 
(N.S.)   930. 


♦-»♦ 

MINIMIZING  DAMAGES. 

See  Damages,  §§3-11. 


MINIMUM    RATES. 

Right  of  light  or  water  company  whose 
rates  are  fixed  bv  public  authorities 
to  establish.     26  L.R.A.  (N.S.)    1109. 


MINIMUM  WAGE. 


Validity  of  statute,  ordinance,  or  contract 
fixing  minimum  wage  for  person  em- 
ployed on  public  work.  51  L.R.A. 
(N.S.)    686. 

Constitutionality  of  Minimum  Wage  Law 
relating  to  private  employment.  L.R.A. 
1918F,  547. 


MINING  CORPORATION. 

Right  of  foreign  company  to  engage  in  min- 
ing.    24  L.R.A.  327. 

Right  of  corporation  to  locate  mining 
claim.     7  L.R.A. (N.S.)    816. 


MINING   PARTNERSHIP. 

Right  of  partners  to  locate  mining  claim. 
7  L.R.A. (N.S.)    817. 

Liability  of  retiring  member  of  mining 
partnership  for  debts  subsequently  in- 
curred.   22  L.R.A. (N.S.)   851. 

Begin  with  this  hoolc  on  cvei'i/  law  question. 


MINING  RAILROAD. 

As  a  common  carrier.     L.R.A. 1918B,  685. 


MINISTER. 


In  general,   see  Rf.ligious   Societies,   §   6. 

Allowance  for  mental  anguish  caused  by 
absence  from  sick  bed  because  of  neg- 
ligence in  transmission  of  telegram. 
49  L.R.A. (N.S.)   235,  335. 


MINISTERIAL   DUTIES. 

Mandamus  to  enforce,  see  Mandamus. 

Power  of  courts  to  enforce  ministerial  du- 
ties of  heads  of  departments,  see 
COUBTS,   §    17. 


MINORITY. 


Ignorance  of  minority  of  person  to  whom 
liquor  is  sold,  see  Ixtoxicating  Liq- 
uors.  §   20. 

When    minoritv    terminates,    see    Infants, 

§  1-  ^ 

§    1.  Of  stockholders   in  corporation. 

Condemnation    of   shares    of,   see    Corpora- 
tions, §  73. 
Rights  of,  see  Corporations,  §  97. 

§   2.  Of  cliurcli  members. 

Rights  of,  on  withdrawal  of  local  church 
societv  from  general  bodv.  32  L.R.A. 
92;   24  L.R.A.  (N.S.)    692.' 

Right  of  minority  in  case  of  schism  or  di- 
vision in  independent  society.  24  L.R.A. 
(N.S.)   695. 

Injunctive  relief  to  minoritv  of  church 
members.  3  L.R.A. (N.S.)  872. 


MINORS. 


See  Infants. 


MINUTES. 


Of  official  stenographer,  see  Stenogbapheb, 

§  3. 
Use  before  grand  jury  of  minutes  taken  by 

magistrate.     28  L.R.A.  320. 
Right  of  indicted  person  to  inspect  minutes 

of   grand   jury.     27   L.R.A. (N.S.)    558. 


MISADVENTURE. 


Homicide  by,  see  Homicide,  s  14. 


INDEX  TO  L.R.A.  JSOTES. 


929 


MISAPPROPRIATION. 

Of  special  deposit  by  bank  or  officer.     32 
L.R.A.  775. 


MISBEHAVIOR. 


Effect  of  passenger's  misbehavior  on  car- 
rier's liability  for  assault  by  employee. 
14  L.R.A.  738. 


MISBRANDING. 

Of  food,  see  Food,  §  4. 


MISCAIiCULATION. 


As  excuse  for  contributory  negligence  of 
person  injured  by  defect  in  street.  21 
L.R.A.(X.S.)    653. 


MISCARRIAGE. 

Measure  of  damages  for,  see  Damages,  §  60, 


MISCEGENATION. 


Conflict  of  laws  as  to.     57  L.R.A.  167;  43 

L.R.A.  (X.S.)  358. 
Legislative     power     to     forbid.      2     L.R.A. 

(N.S.)   532;  52  L.R.A.  (N.S.)   778. 
Statute  prohibiting  intermarriage  of  white 

and    colored    persons,    as    a    denial    of 

equal    privileges    and    immunities.      14 

L.R.A.   580. 
Who  is  negro,  mulatto,  or  person  of  color 

within  statute  not  specifically  defining 

the  same.    31  L.R.A.(N.S.)  180;  L.R.A. 

1915A,  828. 
EflFect  of  repeal  of  statute  prohibiting  after 

commencement  of  cohabitation  between 

white     person     and     negro.     3     L.R.A. 

(N.S.)   247. 


MISCONDUCT. 


§   1.  Generally. 

Of  officer,  effect  on  eligibility,  see  Officebs, 

§  9. 
Expulsion  of  pupil  for,  see  Schools,  §  11. 

Liability  of  corporate  directors  for  mis- 
conduct of  executive  officers  and  em- 
ployees. 55  L.R.A.  756. 

Receiver's  right  to  be  indemnified  for  costs 
of  defending  action  charging  him  with. 
2  B.  R.  C.  423. 

Riglit  of  court  to  set  aside  award  in  emi- 
nent domain  for  misconduct  of  commis- 
sioners or  jurors.  27  L.R.A. (N.S.) 
567. 


MISCONDUCT— cont'd 

Effect   of   misconduct   of    spectator    during 

criminal    trial.      12    L.R.A. (N.S.)     98: 

L.R.A.1918E,  959. 
Causing   trespasser   to   jump   from   moving 

wagon    as    actionable    misconduct.      31 

L.R.A.(N.S.)    1064. 
Attorney's  riglit  to  withdraw  from  suit  be- 
cause of  client's  misconduct.     35  L.R.A. 

(N.S.)    960. 
As  ground  for  disbarment  of  attorney.     19 

L.R.A.(N.S.)   892. 
Right  to   reject   passenger   because   of.     43 

L.R.A. (N.S.)   820. 
Constructive     eviction     by     misconduct     of 

other  tenants.     L.R.A.1918D,  ^96. 

§   2.  Of  partner. 

Right  to  compensation  because  of  copart- 
ner's misconduct.  17  L.R.A.  (N.S.) 
395;   L.R.A.1917F,  576. 

Forfeiture  of  compensation  by  partner  bv. 
17  L.R.A.(N.S.)   415. 

§  3.  Of  husband  or  wife. 

Effect  of,,  on  right  to  dower,  see  Dower,  § 

10. 
Competency    of    one    spouse    as    witness    tc 

misconduct  of  other,  see  Witnesses,  § 

19. 

Marital  misconduct  of  one  spouse  aa  avoid- 
ing gift  to  other  spouse.  35  L.R.A. 
(N.S.)    124. 

Effect  of,  on  question  of  desertion  by  spouse 
leaving  because  of  other  spouse's  mis- 
conduct.    39   L.R.A, (N.S.)    1123,   1126. 


MISDELIVERY. 

Of  goods  by  carrier,  see  Cabbiebs,  §  119. 


MISDEMEANOR. 

Arrest  for,  generally,  see  Arrest. 
Presence  of  accused  on  trial  for,  see  Crimi- 
nal Law,  §  46. 

Homicide  in  commission  of.     63  L.R.A.  379. 
Homicide    in    attempting    to    prevent.      67 
L,R,A.  536, 


MISDESCRIPTION. 


See  Description, 


MISDIRECTION. 


Consult  also  L.R.A.  Digests  of  Cases.    59 


Carrier's  liability  for  misdirection  of  pas- 
senger by  employee.  2  L.R.A.  (N.S.) 
110;   24  L,R,A,(N.S.)    1178. 


930 


INDEX  TO  L.R.A.  NOTES. 


MISFEASANCE. 

Negligence  or  unskilfulness  as.  12  L.R.A. 
(N.S.)    924. 

Liability  of  corporate  directors  for.  55 
L.R.A.  757. 

Criminal  responsibility  of  corporations  for. 
2  B.  R.  C.  233. 

Liability  of  agent  or  servant  to  third  per- 
sons for.  25  L.R.A.  (N.S.)  346;  L.R.A. 
1916F,  570. 

Effect  of  verdict  for  servant  in  action 
against  master  and  servant  for  latter's 
misfeasance.  9  L.R.A.(N.S.)  880;  30 
L.R.A.(N.S.)  404;  L.R.A.1917E,  1029. 


MISJOINDER. 


In  pleading,  see  Pleading,  §  15. 


#•» 


MISNOMER. 

See  Name,  I.  b. 

♦<-♦ 


MISQUOTATION. 


Right  of  shipper  where  carrier  negligently 
misquotes  rate  which  has  been  filed  or 
published  as  required  by  statute.  33 
L.R.A.  {N.S.)    391. 


— ^--^ — 

MISREPRESENTATIONS. 

See  Fraud  and  Deceit. 


MISROUTING. 


Loss  or  damage  from,  due  to  initial  carrier's 
own  negligence  or  breach  of  contract. 
31  L.R.A.(N.S.)    85. 


MISSILE. 

Liability  of  carrier  for  injury  to  pg,ssenger 
by  article  thrown  from  window  by  fel- 
low passenger  and  rebounding.  49 
L.R.A.(N.S.)    812. 

Liability  of  railroad  company  for  personal 
injuries  by  objects  thrown  from  mov- 
ipg  train.    L.R.A.1917B,  916. 

Contributory  negligence  of  child  injured  by 
object  thrown  from  train.  L.R.A. 
1917F,  150. 


MISSING  WILLS. 


MISSIONS. 

Validity  of  bequest  for. 
1005. 


37  L.R.A. (N.S.) 


3IISSPELLING. 


Effect  of  misspelling  name  of  person  whose 
signature  is  charged  to  have  been 
forged.     27  L.R.A. (N.S.)    1003. 


MISSTATEMENT. 


See  Fb.\ud  and  Deceit. 


MISTAKE. 


Evidence  to  establish,     38  L.R.A.  433. 

Begin  with  this  hooTc  on  every  law  question 


§   1.  Generally. 

Recovery  back  of  money  paid  under  mistake, 
see  Assumpsit,  §  3. 

Effect  of,  on  criminal  responsibility,  see 
Crijiinal  Law,  §§  13,  14;  Intoxicat- 
ing Liquors,  §§  29,  31,  33. 

Effect  of  mistake  in  election  of  remedy,  see 
Election  of  Remedies,  §§  13-15. " 

As  ground  of  equitable  relief,  generally,  see 
Equity,  §  6. 

Parol  evidence  of,  see  Evidence,  §§  177, 
178. 

As  to  identity,  see  Identity  and  Identifi- 
cation, §  3. 

With  respect  to  liquor,  see  Intoxicating 
Liquor,  §§  29,  31,  33. 

As  affecting  statute  of  limitations,  see  Limi- 
tation OF  Actions,  §  38. 

In  name,  see  Name,  §  14. 

As  to  law  of  another  state  or  country  as. 

one  of  law  or  of  fact.     46  L.R.A,  (N'.S.) 

174. 
In  marking  of  ballot  by  official.     47  L.R.A. 

810. 
Killing  of  dog  by.     15  L.R.A.  252. 
As  affecting  liability  of  directors  for  acts  in 

excess  of  their  power.    55  L.R.A.  758. 
Validity   of   tax   sale   when   nonpayment   is 

due    to   mistake   or    negligence   of   tax 

officers.     20  L.R.A.   487;    L.R.A.1915C, 

158. 
Liability    of    attorney    to    client    for.      52 

L.R.A.  883. 
Liability  of  surveyor  for.     38  L.R.A. (N.S.) 

1043. 
Right  of  creditor    to    attack    a    judgment 

against    debtor    in    favor    of    another 

creditor  on  ground  of.    29  L.R.A. (N.S.) 

1190. 
Liability  of  registrar  of  deed  for  mistake 

in   registering   or   indexing   instrument 

affecting    title    to    real    propertv.      23 

L.R.A.(N.S.)    127. 
In  amount  of  mechanics'  lien.     29  L.R.A. 

(N.S.)    306. 
Effect  of  mistakes  in  courses  and  distances 

in    description    of    mining    claims.      7 

L.R.A.(N.S.)   838. 


INDEX  TO  L.R.A.  NOTES. 


931 


]\nSTAKE— cont'd 

Mistaken  identity  as  justification  for  as- 
sault.    67  L.R.A.  565. 

Equitable  relief  against  forfeiture  of  estate 
due  to  mistake.    69  L.R.A.  849. 

Validity  of  promise  to  remedy.  53  L.R.A. 
358. 

Effect  of  misspelling  name  of  person  whose 
signature  is  charged  to  have  been 
forged.     27  L.R.A.  (N.S.)   1003. 

Unfair  competition  by  retailer  or  jobber  as 
against  manufacturer  by  substitution 
of  goods  through  mistake.  52  L.R.A. 
(N.S.)   899. 

Effect  of  mistake  on  damages  for  cutting 
of  timber,  in  action  in  nature  of 
trover.      52    L.R.A.  (N.S.)     93. 

Effect  of  mistake  as  to  age  on  liability  for 
improperly  issuing  marriage  license  or 
performing  marriage  ceremony.  L.R.A. 
1917E,  869,  874. 

§   2.  Contractual    matters    generally. 

As  ground  for  relief  from  contract  general- 
ly, see  Contracts,  §§  147,  148. 

As  ground  for  rescission  of  contract,  see 
Contracts,  §  154. 

Right  to  reinstatement  of  mortgage  dis- 
charged by  mistake,  see  Mortgage, 
§  60. 

As  ground  for  reformation  of  instrument, 
see  Reformation  of  Instruments. 

Effect  of,  on  right  to  specific  performance, 
see  Specific  Performance,  §  24. 

Mistake  regarding  legal  effect  of  wife's  sign- 
ing contract  with  husband.  L.R.A. 
1918A,  496. 

Accepting  bid  with  knowledge  of  mistake 
as  to  subject-matter.  43  L.R.A. (N.S.) 
654. 

Right  to  avoid  contract  because  of  mistake 
as  to  identity  of  other  party  thereto. 
L.R.A.1916D.  801. 

§   3.  Matters  as  to  accoxmts. 

Effect  of,  on  account  stated.    27  L.R.A.  818. 

Conclusiveness  of  stated  or  settled  account 
containing  inaccuracy  or  error  in 
method  of  mathematical  calculation.  23 
L.R.A.  (N.S.)    787. 

Mistake  in  statement  of  commodity  fur- 
nished as  affecting  the  right  to  recover 
for  a  larger  amount  actually  furnished. 
L.R.A.1915B,  711. 

§  4.  Matters  as  to  commercial  paper; 
banking  matters. 

Effect  of  mistake  in  name  of  payee  in  nego- 
tiable instrument.  22  L.R.A.  (N.S.) 
506. 

As  to  identity  of  payee  or  indorser  of  bill 
or  note.     17  L.R.A. (N.S.)   514. 

Alteration  of  note  by.    35  L.R.A.  467. 

Alteration  of  instrument  to  correct  mis- 
take in  designation  of  party.  31  L.R.A. 
(N.S.)   127;  L.R.A.1915A,  172. 

Alteration  of  instrument  to  correct  mistake 
as  to  date.    32  L.R.A. (N.S.)  517. 

Who  must  bear  loss  when  check  or  bill  is 
issued  or  indorsed  to  impostor.  50 
L.R.A.  75;  17  L.R.A. (N.S.)  514;  38 
L.R.A.  (N.S.)   1111. 

Consult  also  L.B.A.  Digests  of  Cases. 


MISTAKE— cont'd 

As  affecting  question  whether  commercial 
paper  operates  as  payment  of  debt.  35 
L.R.A.(N.S.)    75. 

Commercial  paper  given  by  mistake  as  pay- 
ment of  partnership  debt.  35  L.R.A. 
(N.S.)   54. 

Right  of  bank  to  recover  amount  paid  on 
check  or  other  paper  drawn  upon  or 
payable  at  it  under  mistaken  belief  that 
there  were  sufficient  funds  to  meet  it. 
23  L.R.A.  (N.S.)  1092;  33  L.R.A.  (N.S.) 
1023;  L.R.A.1918F,  811. 

Right  of  bank  to  recover  amount  paid  on 
check  in  ignorance  of  insolvency  of 
drawer  who  was  indebted  to  it.  33 
L.R.A. (N.S.)   963. 

§   5.  Matters  as  to  mortgages. 

Effect  of  agreement  to  pay  mortgage  insert- 
ed in  deed  by  mistake.  L.R.A.1918A, 
1003. 

Release  of  mortgage  by.     58  L.R.A.  788. 

Right  to  reinstatement  of  mortgage  released 
or  discharged  bv  mistake.  26  L.R.A. 
(N.S.)   816;  L.RIA.1917E,  1059. 

§  6.  As  to  conveyances  of  real  prop- 
erty. 

Mistake  in  description  of  property  as  af- 
fecting record  of  instrument  relating  to 
real  property.     L.R.A.1916A,  530. 

Parol  evidence  to  show  that  instrument  was 
intended  to  operate  as  mortgage  or 
pledge  where  party  to  written  instru- 
ment importing  an  absolute  conveyance 
seeks  relief  therefrom  on  the  ground  of 
mistake.     L.R.A.1916B,  38. 

As  a  ground  for  relief  from  a  voluntary 
trust.     19  L.R.A.  767. 

Effect  of  mistake  in  conveyance  on  notice  of 
title  from  possession  of  land.  13  L.R.A. 
(N.S.)   81. 

Rescission  because  of  mistake  as  to  extent 
of  grantor's  title  to  land.  15  L.R.A. 
(N.S.)  :039. 

Specific  performance  as  affected  by  vendor's 
ignorance  of  race  or  character  of  pur- 
chaser.    32  L.R.A. (N.S.)   125. 

As  ground  for  enforcement  in  equity  of" 
grantee's  oral  promise  to  grantor  to 
hold  in  trust.     39  L.R.A. (N.S.)  928. 

Right  of  grantee  in  possession  to  question 
grantor's  right  to  collect  purchase 
money  in  case  of.    21  L.R.A. (N.S.)  395. 

Effect  of  deed  of  land  in  adverse  possession, 
made  to  correct  mistake  in  prior  deed. 
35  L.R.A. (N.S.)   743. 

False  statements  mistakenly  made  as  to 
title  to  real  property  as  fraud.  2S 
L.R.A. (N.S.)    204. 

§  7.  As  to  contracts  of  sale  of  person- 
alty. 

Effect  of  mistake  as  to  price  on  meeting  of 
minds  in  contract  for  sale  of  personalty. 
32  L.R.A. (N.S.)   433. 

Seller's  mistake  as  to  identity  of  vendee,  as 
affecting  the  passing  of  the  title  to  the 
goods  sold.  13  L.R.A.  (N.S.)  413; 
L.R.A.1918B,  975. 


032 


INDEX  TO  L.E.A.  NOTES. 


JNIISTAKE— cont'd 

Effect  of  retaining  goods  after  notice  of 
mistake  in  quoted  price.  15  L.R.A. 
(N.S.)   368. 

Rights  and  liabilities  under  contract  for 
sale  of  personalty  as  affected  by  a  vend- 
or's mistake  in  fixing  price.  23  L.R.A. 
(N.S.)    1109. 

Relief  from  purchase  at  auction  on  ground 
of  mistake.    34  L.R.A. (N.S.)   927. 

§   8.  Insurance  matters;   relief  fund. 

Of  servant  executing  release  on  receiving 
benefits  of  relief  fund.  11  L.R.A. (N.S.) 
198;  48  L.R.A. (N.S.)  449. 

As  to  strength  of  claim  for  damages  by  one 
electing  to  accept  benefits  out  of  relief 
fund.     11   L.R.A.  (N.S.)    192. 

As  defense  against  action  on  assessment  by 
mutual  fire  insurance  companies.  32 
L.R.A.  491. 

Necessity  for  reforming  insurance  policy  be- 
fore recovery  in  case  of.  2  L.R.A. 
(N.S.)   548. 

Reformation  of  insurance  policy  for  mistake 
of  soliciting  agent,  11  L.R.A. (N.S.) 
357. 

Parol  evidence  rule  as  affected  by  waiver 
or  estoppel  in  case  of  mistake  of  agent 
preparing  application.  16  L.R.A. 
(N.S.)    1233. 

Effect  of  honest  mistake  in  answer  as  to 
health  of  insured  warranted  by  him  to 
be  true.     15  L.R.A. (N.S.)   1277. 

Retention  of  policy  of  insurance  as  waiver 
of  mistake  as  to  terms  of  policy.  67 
L.R.A.  705;   38  L.R.A. (N.S.)    787. 

Effect  of  mistake  in  designating  time  in 
notice  of  cancelation  of  fire  policy.  50 
L.R.A.  (N.S.)   40. 

Mistake  as  afi'ecting  divisibility  of  insur- 
ance.    51   L.R.A.  (N.S.)    1063. 

Settlement  under  accident  policy  under  mis- 
take as  to  the  extent  of  the  injury. 
L.R.A.1918E,  931. 

§  9.  Matters  as  to  carriers, — as  to  pas- 
sengers. 

Duty  to  passenger  on  wrong  car  or  train  by 
his  own  mistake.  3  L.R.A. (N.S.)  588; 
28  L.R.A. (N.S.)  611. 

Liability  of  carrier  for  charging  excessive 
fare  through  mistake.  44  L.R.A. (N.S. ) 
282. 

Passenger's  duty  to  pay  fare  where  .a  mis- 
take has  been  made  by  an  employee  of 
carrier  in  issuing  the  ticket.  14  L.R.A. 
(N.S.)   464. 

Effect  of  mistake  of  ticket  agent  on  limita- 
tion of  time  within  which  transporta- 
tion ticket  may  be  used.  L.R.A.1918A, 
783. 

Liability  of  carrier  for  placing  white  per- 
son in  car  for  colored  persons.  2 
L.R.A.  (N.S.)  1108;  41  L.R.A.  (N.S.) 
958;  L.R.A.1916E,  280. 

§    10.  —as    to    freight. 

Refusal  of  connecting  carrier  to  surrender 
freights  induced  by  a  mistake  as  to  the 
rate  due  or  as  to  the  prepayment  of 
charters,  as  a  conversion.  6  L.R.A. 
(N.S.)    1048. 

Begin  with  this  boolc  on  every  laiv  question. 


MISTAKE— cont'd 

Liability  of  connecting  carriers  for  detain- 
ing freiglit  because  of  mistake  as  to 
amount  due.  6  L.R.A. (N.S.)  1054;  32 
L.R.A.  (N.S.)    189. 

Effect  of  shipper's  mistake  on  passing  of 
title  by  delivery  to  carrier.  22  L.R.A. 
417. 

Carrier's  liability  to  bona  fide  holder  on  bill 
of  lading  issued  by  mistake  of  agent 
without  delivery  of  any  goods  to  car- 
rier.    22  L.R.A. (N.S.)    828. 

Right  of  shipper  where  carrier  negligently 
misquotes  rate  wliich  has  been  filed  or 
published  as  required  by  statute.  33 
L.R.A.(N.S.)   391. 

§    11.  Matters  as  to  telegrams. 

Telegraph  company's  duty  as  to  discover- 
ing sendee  in  case  of  mistake  in  ad- 
dress.    22  L.R.A. (N.S.)    767. 

Measure  of  damages  where  one  purchases 
goods  in  reliance  on  a  misquotation  of 
price  in  telegram.    46  L.R.A. (N.S.)  412. 

§    12.  In  wills. 

Mistake  in  description,  see  Wills,  §  67. 

Effect  of  execution  by  mistake  of  will  in- 
tended for  another  person.  3  B.  R.  C. 
341. 

§  13.  Effect  of,  on  compromise  or  set- 
tlement. 

As  affecting  compromise.     25  L.R.A. (N.S.) 

309. 
Relief  from  mistake  of  law  as  to  compromise 

and  settlement.    28  L.R.A.  (N.S.)  841. 
As  to  state  of  account  or  amount  due  as 

ground    for    release    from    compromise 

agreement.     46  L.R.A. (N.S.)   279. 

§    14.  Effect  of,  on  release. 

Avoidance  of  release  of  claim  for  personal 
injuries  for  mistake.  L.R.A.1916B, 
776. 

Of  servant,  as  to  extent  of  injuries  received 
by  him  for  which  lie  has  given  a  re- 
lease. 11  L.R.A.  (N.S.)  201;  48  L.R.A. 
(N.S.)   449. 

Servant's  misconception  as  to  the  legal 
effect  of  a  relea^ie  from  an  injury  re- 
ceived by  him,  the  contents  of  which  is 
known  to  him.     11  L.R.A. (N.S.)   198. 

Estoppel  to  enforce  contract  of  suretyship 
or  guaranty  released  through  mistake. 
13  L.R.A. (N.S.)   576. 

§    15.  Effect   of,   on   award. 

Effect  of  decision  of  architect,  engineer,  or 
umpire  in  case  of.  1  L.R.A. (N.S.) 
1050. 

§    16.  Adverse  possession  in  case  of. 

Adverse  possession  due  to  ignorance  or  mis-  \ 
take  as  to  boundary.     21  L.R.A.  829; 
33  L.R.A. (N.S.)    923. 

Possession  taken  under  mistaken  belief  that 
land  is  part  of  public  domain  as  ad- 
verse to  true  owner.  31  L.R.A. (N.S.) 
153. 


INDEX  TO  L.R.A.  NOTES. 


933 


MISTAKE— cont'd 

§    17.  In  libel  cases. 

As  to  identity  of  person  libeled  or  slandered. 
47  L.R.A.(N.S.)   240. 

Liability  of  newspaper  proprietor  for  mis- 
takes resulting  in  libel.    26  L.R.A.  781. 

Libel  by  publication  of  photograph  as  that 
of  another  person.     G  L.R.A.  (N.S.)  919. 

Effect  of  mistakes  of  fact  on  liability  for 
words  or  publication  relating  to  public 
officer  or  candidate  for  office.  L.R.A. 
1918E,  54. 

§    18.  In  judicial  proceedings. 

As  ground  for  injunction  against  judgment, 
see  Injunction,  §  55. 

As  ground  for  relief  from  judgment  by  de- 
fault, see  Judgment,  §  94. 

In  name  or  description  in  writ  or  process, 
see  Writ  and  Process,  §§  5,  6. 

In  name  of  estate  in  granting  letters  of  ad- 
ministration.    46   L.R.A. (N.S.)    274. 

Mistake  as  to  name  of  juror  in  criminal 
case  as  ground  for  arrest  of  judgment, 
new  trial,  or  reversal.  47  L.R.A. (N.S.) 
714. 

Mistake  as  to  identity  of  juror  as  ground 
for  new  trial.    50^  L.R.A.  (N.S.)  972. 

Right  to  impeach  own  witness  in  case  of. 
21  L.R.A.  424. 

Effect  of  summons  or  notice  to  person  by 
wrong  initial.     15  L.R.A. (N.S.)    129. 

Perjury  in  statements  involving  matters  of 
opinion  or  belief  under  mistake  of  law. 
25  L.R.A.  (N.S.)    657. 

Honest  mistake  of  counsel  in  misstating 
facts,  or  stating  facts,  not  in  evidence, 
in  argument  to  jury.  L.R.A.1918D, 
103. 

§  19.  Larceny  of  property  delivered 
by. 

Larceny  of  money  or  property  delivered  by 
mistake.     52  L.R.A.  136." 

Does  wrongful  appropriation  of  money  re- 
ceived througli  mistake  constitute  em- 
bezzlement,    19  L.R.A. (N.S.)   371. 


MISTRESS. 


Gift  to,  see  Gift,  §  8. 

Effect  of  meretricious  relations  between  tes- 
tator and  beneficiary  on  validity  of  de- 
vise or  bequest.     17  L.R.A. (N.S.)    477. 

Right  to  recover  for  household  services  ren- 
dered while  parties  were  living  in  il- 
licit relations.  29  L.R.A. (N.S.)  787; 
L.R.A.1917B,  683. 

Slander  in  cliarging  woman  with  being.  24 
L.R.A. (N.S.)   611. 


MISTRIAL. 


Right  to  bail  in  capital  case  upon  mistrial. 
39  L.R.A. (N.S.)   766. 

Effect  on  conviction  of  failure  to  give  ac- 
cused an  opportunity  to  plead  where 
there  has  been  a  mistrial.  13  L.R.A. 
(N.S.)   814. 

Consult  also  L.R.A.  Digests  of  Cases. 


MISTRIAI^-cont'd 

How  long  jury  will  be  permitted  to  de- 
liberate before  a  mistrial  may  be  or- 
dered  in    a   criminal   case.      11   L.R.A. 

(N.S.)    178. 


MISUNDERSTANDING. 

Effect  of  misunderstanding  as  lo  price  in 
contract  for  sale  of  personalty.  32 
L.R.A. (N.S.)   433. 


MISUSER. 

Reverter  of  land  conveyed  for  school  pur- 
poses because  of.  44  L.R.A.  (N.S.) 
1220. 


MITIGATION. 

Of  damages,  see  Damages,  §§  3-11. 


MIXED  DRINK. 


As  intoxicating  liquors.    20  L.R.A.  646. 
Judicial  notice  of  intoxicating  character  of. 
19  L.R.A. (N.S.)  848. 


MOBS  AND  RIOTS. 

§    1.  Generally. 

Liability  of  carrier  for  injury  to  passen- 
ger caused  by.  55  L.R.A.  713;  L.R.A. 
1915C,  681. 

Liability  of  insurer  for  property  destroyed 
by  mob  or  during  riot.  20  L.R.A. 
(N.S.)   277.  . 

Allowance  of  interest  on  value  of  property 
destroyed  by.     18  L.R.A.  454. 

§   2.  Mnnielpal  liability  for  acts  of. 

Municipal  liability  for  property  destroyed 
by,  see  Municipal  Corporations,  §  75. 

What  is  mob  or  riot  for  the  act  of  which 
a  municipality  is  responsible.  L.R.A. 
1918C,  239. 

§   3.  Liability  of  members  of. 

Civil  liability  of  member  of  a  mob  which 
makes  hostile  demonstrations  against  a 
person.    38  L.R.A. (N.S.)  404. 

Criminal  responsibility  for  homicide  in 
carrying  out  unlawful  conspiracy  for 
riot.     68  L.R.A.  196. 

Liability  of  infant  for  riot.     36  L.R.A.  208. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.  577. 

Acting  with  mob  as  ground  of  disbarment, 
suspension  or  other  discipline  of  attor- 
ney.    L.R.A.1915C,  259. 


934 


INDEX  TO  L.R.A.  NOTES. 


MODELS. 

Exhibition  of  models  derogatory  to  parties 
to  litigation  as  contempt  of  court.  2 
B.  R.  C.  501. 


MODIFICATION. 


Of  contract,'  see  Contracts,  §§  30,  144. 
Of    decree    for    alimony,    see    Divorce   AND 

■    Sepaeatiox,  §§  45'a,  46. 
Of  will,  see  Wills,  §  33. 

Of  provision  in  divorce  decree  as  to  custody 
■of  children  in  case  of  refusal  to  permit 
access  to  or  visitation  of  children  as 
provided  by  decree.     L.R.A.1917B,  290. 


MOLASSES. 


Sufficiency  of  delivery  of  molasses  sold  out 
of  larger  lot.     26  L.R.A.  (N.S.)    35. 


MONDAY. 

Transfer  of  holiday  from  Sunday  to  Mon- 
day.   19  L.R.A.  320. 


MONEY. 

Recovery  back  of  money  paid,  see  Assump- 
sit, §§  2-10. 

Condition  of  money  tendered  as  fare,  see 
Carriers,  §  19. 

Confederate  money,  see  Confederate 
Money. 

Embezzlement  of,  see  Embezzlement. 

Obtaining  by  false  pretenses,  see  False 
Pretenses. 

Interest  for  use  of,  see  Interest,  II. 

Legal  tender,  see  Legal  Tender. 

Money  in  court,  see  Money  in  CotJBT. 

Payment  of,  see  Payment, 

Public  money,  see  Public  Money. 

Return  of,  see  Return,  §  2. 

Tender  of,  see  Tender. 

Distinction  between  bailment  and  loan  of 
money.     L.R.A.1916F,  92. 

Recovery  for  mental  anguish  caused  by 
failure  of  telegraph  company  to  trans- 
mit money  promptly,  or  to  deliver  tele- 
gram asking  for  money.  49  L.R.A. 
(N.S.)   238. 

Note  payable  in  foreign  money.  20  L.R.A. 
481. 

Garnishment  of  money  due  from  receiver. 
26  L.R.A.  218. 

Larceny  of  money  delivered  by  mistake. 
52  L.R.A.  136. 

Tender  of  old,  worn,  or  mutilated  coin.  33 
L.R.A,  824. 

Title  to  money  deposited  in  mail  or  with 
carrier.    L.R.A.1918A,  534. 

JBegin  tvith  this  booJi  on  every  latv  question. 


MONEY— cont'd 

Title  of  one  who  takes  money  from  thief  or 

embezzler.    25  L.R.A. (N.S.)  631;  L.R.A. 

1917A,  707. 
Omission  of  dollar  sign  or  word  '"dollars" 

from  verdict  or  judgment.       35  L.R.A. 

(N.S.)   653. 
Creation    of    partnership    by    provision    for 

taking  profits  from  use  of,  as  comjjensa- 

tion.     18  L.R.A. (N.S.)   1047. 
Right  of  attorney  under  local  statute  to  lien 

on  money  in  hands  of  adverse  party  to 

suit  or  proceeding  in  another  state."  31 

L.R.A.  (N.S.)    1215. 
Payment  by  commercial  paper  as  affected  by 

statutes   requiring   payment   in   monev. 

35  L.R.A. (N.S.)    82. 
Validitv  of  contract  for  payment  in  coin. 

29 'L.R.A.  512. 
Form  of  judgment  on  obligation  to  pav  in 

coin.    29  L.R.A.  593. 
Sufficiency  of  description  of,  in  indictment 

for   larceny.     36   L.R.A. (N.S.)    933. 


MONEY  IN  COURT. 

§    1.  Generally. 

Equitable    remedy   to   subject   to   judgment 

after  return  of  no  property  found.     63 

L.R.A.  704. 
Withdrawing    funds    in    court   as    affecting 

right  to  appeal.     29  L.R.A. (N.S.)   18. 
Right  to  withdraw  money  paid  into  court, 

after  tender.     5  L.R.A. (N.S.)   561. 

§   2.  Garnishment   or  attachment  of. 

Riglit  to  attach  or  garnish  funds  in  the 
hands  of  officer  of  court  after  he  has 
Ijeen  ordered  to  pay  the  same  to  the 
partv.  13  L.R.A. (N.S.)  757;  30  L.R.A. 
(N.S.)  720. 


MONEY  IN  HAND. 

Debt  as,  on  appointment  of  debtor  as  exec- 
utor or  administrator.  26  L.R.A. 
(N.S.)  414. 


MONEY  LENDERS. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  121. 

License  of,  see  License,  §  32. 

Municipal  control  over,  see  Municipal  Cob- 
pobations,  §  45. 


♦  ♦» 


MONEY    ORDER. 


See  PosTOFFrcE,  §  7. 


INDEX  TO  L.R.A.  NOTES. 


935 


MONEY    PAID. 

Recovery  back  of,  see  Assumpsit,  §§  2-10. 


»IONIiEY. 

Liabilitv  for  injury  by.     52  L.R.A. (N.S.) 
378. 


^•» 


MONOPOLY  AND  COMBINATIONS. 

I.  In  general,    §§  1,  2. 
II.  Combinations  in  restraint  of  trade, 
commerce,    or    comjietition, 
§§    -i-lo. 
a.  In  general,  §§  3-12. 
Ji.  Remetlij  against,   §§   13,  14. 
c.  Who  may  object  to  constitu- 
tionality of  anti-trust  laiv, 
§  13. 

I.  In  general. 

§   1.  Generally. 

As  to  conspiracies  generally,  see  Con- 
spiracy. 

Effect  of  monopoly  on  treatment  of  good 
will  in  public  service  property  valua- 
tions.    48  L.R.A. (N.S.)    1147.'^ 

Validity  of  contract  for  material  patented 
or  held  in  monopoly  where  a  letting  to 
the  lowest  bidder  is  required.  4fi  L.R.A. 
(X.S.)    990. 

Validity  of  monopoly  or  special  privilege 
granted  to  third  persons  of  providing 
facilities  to  shippers  at  place  of  ship- 
ment or  destination.    L.R.A.1915C,  250. 

Constitutionality  of  grant  of.  53  L.R.A. 
763. 

Distinction  between  franchise  and  mere  mo- 
nopoly.    4  L.R.A.  616. 

Kight  of  appropriator  of  water  for  distri- 
bution to  public  to  grant  exclusive  or 
preferential  rights  to  individuals.  29 
L.R.A.  (N.S.)  213. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  statutes  re- 
specting.   40  L.R.A. (N.S.)  444. 

§  2.  Creation  of  monopoly  by  munici- 
pality. 

See  Municipal  Cobpobations,  §§  17,  54. 

//.  Combinations  in  restraint  of  trade, 
commerce,  or  competition. 

a.  In  general. 

§   3.  Generally. 

As  to  boycotts,  see  Conspieact,  §§  3,  4. 

Combinations  of  laborers,  see  Conspieact, 
§§  4-7. 

As  to  contracts  in  restraint  of  trade,  gener- 
ally, see  Contracts,  §§  107-109,  117, 
118. 

Validity  of  automobile  distribution  contract. 

L.R.A.1915B,  113. 
Considt  also  L.R.A.  Digests  of  Cases. 


MONOPOLY  AND  COMBINATIONS,  II.  a 

— cont'd 

Trading  stamp  contract  as  a  monopoly. 
L.R.A.1915D,  520. 

Combination  among  farmers  or  stock  raisers 
as  a  monopoly.     44  L.R.A. (N.S.)   1104. 

Corner  as  violation  of  antitrust  or  monop- 
oly act.     44  L.R.A.  (N.S.)   325. 

Validity  of  contract  by  public  service  cor- 
poration for  exclusive  right  of  way 
across  private  property.  36  L.R.A. 
(N.S.)   456. 

Combination  to  control  prices  in  particular 
locality.      16    L.R.A. (N.S.)    223. 

Combination  among  produce  buyers  as  mo- 
nopoly.    12  L.R.A. (N.S.)    150. 

Validity  of  sale  to  promote.  12  L.R.A. 
(N.S.)   600. 

Validity  of  agreement  to  sell  entire  output. 
7  B.  R.  C.  551. 

Validity  of  contract  giving  one  an  exclu- 
sive right  to  handle  goods  in  a  given 
locality.     9  L.R.A.  (N.S.)    501. 

Contract  by  selling  shareholder  not  to- en- 
gage in  business  in  competition  with 
the  corporation.     23  L.R.A. (N.S.)   506. 

Validity  of  agreement  not  to  compete,  an- 
cillary to  sale  or  lease  of  property,  as 
affected  by  covenantee's  purpose  to  pro- 
cure a  monopoly.     15  L.R.A. (N.S.)  846. 

Validity  of  restriction  in  a  deed  as  to  use  of 
property  reserved  for  purpose  of  secur- 
ing monopoly  to  the  grantor.  14 
L.R.A.(N.S.)  "^910;  L.R.A.1915A,  679. 

Validity  of  agreement  at  common  law  by 
which  employer  seeks  to  direct  the  trade 
of  his  employees  to  the  other  party. 
24  L.R.A. (N.S.)   649. 

Agreements  collateral  to  contracts  forming 
illegal  combinations.  11  L.R.A. (N.S.) 
368;  30  L.R.A. (N.S.)  580;  41  L.R.A. 
(N.S.)  1034. 

Forbidding  the  sale  of  a  commodity  in  a 
particular  locality  at  a  lower  rate  than 
elsewhere,  for  the  purpose  of  stifling 
competition.    42  L.R.A. (N.S.)  804. 

Forbidding  the  payment  of  a  higher  price 
for  a  commodity  in  a  particular  commu- 
nity than  elsewhere,  for  the  purpose  of 
stifling  competition.  42  L.R.A.  (N.S.) 
821. 

Legal  restrictions  on  department  stores.  48 
L.R.A.  261. 

May  offense  of  conspiracy  be  predicated  of 
an  attempt  to  procure  violations  of  the 
Elkrns  act.     17  L.R.A. (N.S.)   720. 

Necessity  or  beneficent  purpose  as  excuse 
or  justification  for  combination  to  raise 
price  of  commodity.  51  L.R.A.(N.S.) 
244. 

§  4.  Illegal  trusts  under  modern  anti- 
trust  laws. 

Generally.    64  L.R.A.  689. 

Constitutionality  of  statute.    64  L.R.A.  689. 

Effect  and  construction  of  Federal  anti- 
trust law.     64   L.R.A.   698. 

Effect  and  construction  of  state  anti-trust 
laws.     64  L.R.A.  719. 

Contracts  in  partial  restraint  of  trade  as 
affected  by  modern  anti-trust  acts.  9 
L.R.A.(N.S.)   446;  L.R.A.1917A,  379. 


936 


INDEX  TO  L.R.A.  NOTES. 


MONOPOLY  AND  COiNIBINATIONS,  II.  a 
— cont'd 

Is  combination  to  control  the  price  of  labor 
or  other  personal  service  per  se  a  vio- 
lation of  statute  against  trusts  and 
monopolies.     23  L.R.A.(N.S.)    1260. 

Exempting  wage  earners  from  anti-trust 
laws.     52  L.R.A.(N.S.)   525. 

Legality,  under  modern  anti-trust  acts,  of 
combinations  or  agreements  which  re- 
strict the  class  of  persons  to  whom  com- 
modities shall  be  sold,  or  from  whom 
they  shall  be  bought.  5  L.R.A.(N.S.) 
136. 

Relation  of  contract  or  combination  to  in- 
terstate commerce  which  will  bring  it 
within  Federal  anti-trust  act.  10 
L.R.A.(N.S.)  268. 

Combination  of  dealers  as  giving  right  of 
action  for  damages,  under  Federal  anti- 
trust law,  to  merchants  thereby  re- 
stricted in,  or  prevented  from,  obtain- 
ing goods.     7  L.R.A.(N.S.)   984. 

Cruel  and  unusual  punishment  for  violation 
of  anti-trust  law.    L.R.A.1915C,  570. 

May  stockholder  maintain  action  in  the 
right  of  the  corporation  to  recover  pen- 
alty imposed  bv  the  Sherman  Act. 
■      L.R.A.1917E,  1006. 

§   5.  Control   over  resale. 

Power  of  state  to  make  invalid  a  provision 
in  a  sale  of  goods  for  resale,  forbidding 
the  purchaser  to  handle  goods  of  other 
dealers.     11   L.R.A.{N.S.)    968. 

§  6.  —  validity  of  contract  provision 
for  control  of  price  on  resale. 

Validity  of  contract  provision  seeking  to 
control  price  at  which  an  article  shall 
be  resold.  27  L.R.A.(N.S.)  396;  51 
L.R.A.(N.S.)    522;    L.R.A.1917A,   1285. 

Rights  of  manufacturer,  not  protected  by 
patent  or  copyright,  with  respect  to  in- 
terference by  third  parties  with  selling 
svstem  by  which  he  seeks  to  control  re- 
tail price.     12  L.R.A.(N.S.)    135. 

§  7.  Of  railroad  companies  or  car- 
riers. 

Discrimination    by    carriers,   generally,    see 

.    Carbiebs,  V.  b. 
Discrimination  by  carriers  as  to  rates,  see 

Carriebs,  §  159. 
Rebates  by  carriers,  see  Carriers,  §  160. 

Restrictions  on  consolidation  of  parallel  or 
competing  railroads.  45  L.R.A.  271. 

Who  are  common  carriers  within  constitu- 
tional or  statutory  provision  directed 
•  specifically  against  suppression  of  com- 
petition between  carriers.  L.R.A.1915C, 
865. 

§   8.  Of  banks. 

Validity    and    effect    of    agreement    among  i 
banks   to   prevent   competition   for   de- 
posits   of    public    money.      14    L.R.A. 
(N.S.)    1052. 


MONOPOLY  AND  COMBINATIONS,  II.  a 

— cont'd 
§    10.  Of  telephone  companies. 

Validity  of  contracts  between  telephone 
companies  for  exclusive  connectioii.  36 
L.R.A.(N.S.)  124;  45  L.R.A.  (N.S.) 
465. 

Validity  of  contract  for  exclusive  right  to 
furnish  telephone  service.  32  L.R.A. 
(N.S.)  494. 

§    11.  Of  underwriters. 

Legality  of  combination  among  insurance 
underwriters.  24  L.R.A.  (N.S.)  153; 
38  L.R.A.(N.S.)   459. 

§    12.  As  to  patented  articles. 

Contract  provision  for  control  of  price  of 
patented  article  on  resale.  27  L.R.A. 
(N.S.)   401;  L.R.A.1917A,  1286. 

Municipal  contracts  for  work  or  articles 
which  embody  a  patented  invention. 
18  L.R.A.  45. 

Measure  of  damages  for  infringement  of 
patent  as  affected  by  holding  close 
monopoly.     51  L.R.A.  809. 

Effect  of  Federal  anti-trust  law  in  regard 
to  patents.     64  L.R.A.  713. 

Validity  of  contract  for  material  patented 
or  held  in  monopoly  where  a  public  let- 
ting to  the  lowest  bidder  is  required. 
5  L.R.A.(N.S.)  680;  46  L.R.A. (N.S.) 
990;   L.R.A.1917A,  442. 

6.  Remedy  hy  or  against. 

§    13.  Generally. 

As  public  nuisance;  remedy  by  injunction. 
12  L.R.A.  753.* 

§   14.  To  whom  available. 

May  a  person  not  a  party  to  an  agreement, 
who  is  injured  thereby  in  his  busi- 
ness, assail  the  validity  thereof,  on 
the  ground  that  it  tends  to  create 
or  promote  a  monopolv.    26  L.R.A. 
(N.S.)   148. 
Combination  of  dealers   as  giving  right  of 
action,    where    no    statutory    provision 
therefor  exists,  to  merchant  wlio  cannot 
obtain  goods  because  of  such  combina- 
tion.    7  L.R.A. (N.S.)   976. 
Enforcement  by  members  of  illegal  combi- 
nations of  agreements  collateral  to  con- 
tracts forming  such  combinations.     11 
L.R.A.  (N.S.)      368;     30     L.R.A.  (N.S.) 
580;  41  L.R.A. (N.S.)    1034. 
May    stockholder    maintain    action    in    the 
right  of  the  corporation  to  recover  pen- 
alty   imposed    by    the    Sherman     Act. 
L.R.A.1917E,  1006. 


c.  Who  may  object  to  constitutionality 
of  anti-trust   late. 


g   9.  Of  brokers  or  jobbers.  §    15.  Generally. 

Organization  of  brokerage  concern  by  job-  Who  may  raise  objection  that  anti-trust 
bers  or  dealers  as  an  unlawful  monop-  [  laws  involve  unconstitutional  discrimi- 

oly.     35  L.R.A. (N.S.)   464.  nation.     32  L.R.A. (N.S.)   958. 

Begin  with  this  hook  on  every  late  question. 


INDEX  TO  L.R.A.  NOTES. 


937 


MONTH. 

What  constitutes,  see  Time,  §  15. 


MONUMENT. 


g  1.  Reference  to.  In  description  ol 
mining  claim. 

Description  of  mining  claim  with  reference 

to    permanent    monuments.      7    L.R.A. 

(N.S.)    838. 
Reference     to     permanent     monuments     in 

record     of     mining    claim.       7     L.R.A. 

(N.S.)   870. 

§   2.  Over  graves. 

Liability  of  decedent's  estate  for.  33  L.R.A. 
666;  52  L.R.A. (N.S.)   1153. 

Is  money  set  aside  under  will  for  purpose 
of  caring  for  monument  subiect  to  in- 
heritance tax.  23  L.R.A. (N.S.)  474; 
L.R.A.1918A,  767. 

Validity  of  testamontarv  provision-  for  erec- 
tion of.     1  B.  R.  C.'931. 

Allowance  for.  against  deceased's  estate.  28 
L.R.A.(N.S.)   572. 


MOOT  QUESTION. 

Power  of  court  to  decline  jurisdiction  of. 
6  B.  R.  C.  340. 


MOORING. 


Liability  for  injuries  caused  by.    64  L.R.A. 
981. 


MORAIi  CHARACTER. 

Evidence  of  specific  instances  to  prove.     14 
L.R.A.(N.S.)   689. 


MORAIi  INSANITY. 

Aa    afTecting    testamentary    capacity.      27 
L.R.A. (N.S.)   89. 


MORAL  OBLIGATION— cont'd 

As  basis  of  appropriations.     14  L.R.A.  477. 

Power  of  legislature  to  compel  payment  by 
municipalities  of  nonlegal  demands.  48 
L.R.A.  473. 

Constitutionality  of  retroactive  statute 
which  attempts  to  base  a  right  of  ^ac- 
tion upon.     52  L.R.A.  934. 


MORAL   QUALIFICATIONS. 

Of  executors.     16  L.R.A.  538. 


^•» 


MORALITY. 

See  Morals  and  Mobalitt. 


MORAL  LIFE. 


Protection   of   personal   rights   relating  to. 
37  L.R.A.  784. 


MORAL  OBLIGATION. 

As    consideration    for    contract,    see    Con- 
tracts, §  13. 
Consult  also  L.R.A.  Digests  of  Cases. 


41 


MORALS  AND  MORALITY. 

As  to  immorality,  see  Immorality. 

Injunction  against  nuisances  affecting. 

L.R.A.  321. 
Municipal  power  as  to  nuisances  affecting. 

39  L.R.A.  520. 
Constitutionality  of  discrimination  based  on 

race"  or    color     in    police    regulations 

affecting.     ,34  L.R.A. (N.S.)  604. 

♦-•-♦ 


MORAL   TURPITUDE. 

Mandamus  to  restore  to  office  one  who  has 
been  removed  for.     19  L.R.A. (N.S.)  74. 

♦-•-♦ 


MORPHINE. 

In  general,  see  Drugs  and  Druggists. 

Furnishing    or    prescribing    by    physician. 
L.R.A.1918E,  669. 


MORPHINISM. 


As   ground    for    divorce,    see    Divorce   and 

Separation,  §  27. 
Effect  on   responsibility   and   capacity,   see 

Incompetent  Persons,  §  4. 
Of  insured,  see  Insurance,  §  97. 
Effect  of,  on  competency    as    witness,    see 

Witnesses,  §  15. 


MORTALITY  TABLES. 

Admissibility  in  evidence,  see  Evidence,  § 

147. 
Weight  of,  as  evidence,  see  Evidence,  §  307. 


MORTGAGE. 


§§ 


I.  Jn  general,  §§  1-4. 
II,  Nature,    validity,    and   effect, 
5-34. 
a.  In  general,  §§  5-12. 
h.  What  constitutes,  §§  13-15. 

c.  What  property  subject  to  or 

covered    hy    mortgage;    de- 
scription. §§   16-19. 

d.  Validity,  §§  20-24. 


938 


INDEX  TO  L.R.A.  NOTES. 


MORTGAGE,  II.— cont'd 

c.  Effect  of,  generally,   §§  25, 

26. 
/.  Estates   of   parties   in   prop- 
erty mortgaged,  §  27. 
g.  Rights,    remedies,    and    lia- 
*  bilities  of  parties  gen- 

erally, §§  28-33. 

1.  In  general,  §§  28-31. 

2.  As  to  taxes,  §  32. 

3.  As    to    rents,     earnings, 

and  profits,  §  33. 
h.  Bondholders,  §  34:. 

III.  rriority,  §§  35-39. 

IV.  Sale  of  mortgaged  property,'  as- 

sumption of  debt,  §§  40-4:6. 
V.  Assignment  of  mortgage,  §§  47- 
51. 
VI.  Payment;  discharge;  release;  ex- 
tinction    or     extension     of 
lien,  §§  52-60. 
a.  In  general,   §§   32-55. 
1>.  What  operates  as  a  discharge 
or  satisfaction,   §§  56,   51. 
c.  Merger;    Iceeping    alive;    re- 
instatement, §§  58-60. 
VII.  Enforcetnent;  powers  of  sale,  §§ 
61-^4. 
a.  In  general,  §§  61-64. 
h.  On   default   of   interest,    in- 
stalment, taxes,  etc. ;  accel- 
eration, §  65. 
c.  Who  may  enforce,  §§  66-68. 
I      d.  Parties,  §§    69-72. 

e.  Defenses,  §   73. 

f.  Decree,  §   74. 

g.  Power   of   sale;   strict   fore- 

closure, §§   75-77. 
h.  Sale,   §§   78-82. 

1.  In  general,    §§    7 8-7 9a. 

2.  Purchasers      and     their 

rights,  title,  lia- 
bilities, etc.,  §§ 
80-82. 

(a)  In  general,  §§  80, 

81. 

(b)  Under    vaid    sale, 
§  82. 

i.  Surplus;    proceeds,   of    sale, 

§  83. 
j.  Deficiency,  §  84. 
VIII.  Redemption,   §§  85-91. 

I.  In  general. 

§   1.  Generally. 

Acknowledgment  of,  see  Acknowledg- 
ment. 

Adverse  possession  by  mortgagor  and  mort- 
gagee, see  Advebse  Possession,  §  7. 

Conflict  of  laws  as  to,  see  Conflict  op 
Laws,  §§6,  7a. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  122. 

Effect  of  death  of  party  to,  see  Death,  §  20. 

Dower  in  land  mortgaged  by  husband,  see 
DowEB,  §§  3,  4. 

Parol  evidence  as  to,  see  Evidence,  §  182. 

Disaffirmance  of  mortgage  by  infant,  see 
Infants,  §  21. 

Notice  to  mortgagee  of  cancelation  of  in- 
surance policy,  see  Insurance,  §  51 


MORTGAGE,  I.— cont'd 

Change  of  title  to  insured  property  by,  see 
Insurance,  §  72. 

Effect  on  mortgagee  of  mortgagor's  failure 
to  give  notice  of  loss,  see  Insurance, 
§  347. 

As  to  recording  laws,  see  Records  and  Re- 
cording Laws,  IV. 

Effect  of  recording,  see  Records  and  Re- 
cording Laws,  §§  24-27. 

Contract  for  support  of  mortgagee,,  see 
Support,  §  5. 

Investments  by  trustee  in  mortgage  secur- 
ities, see  Trusts,  §  26a. 

To  building  and  loan  association,  see  Build- 
ing and  Loan  Associations,  §  5. 

Chattel  mortgage,  see  Chattel  Mortgage. 

On  homestead  on  public  land,  see  Public 
Lands,  §  17. 

On  railroad  property,  see  Railroads,  §  20. 

Authority  of  agent  of  mortgagor  to  con- 
sent to  employment  by  mortgagee  of 
person  to  care  for  premises.  L.R.A. 
1918F,  19. 

Specific  performance  of  contract  to  give.^ 
6  L.R.A.  (N.S.)   585. 

Alteration  of,  after  delivery.  32  L.R.A. 
(N.S.)   289;  L.R.A.1918B,  490. 

Addition  of  name  of  attesting  witness  to 
mortgage  as  an  alteration.  L.R.A. 
1917D,  828. 

Effect  on  mortgage,  of  alteration  of  note 
secured  thereby.     16  L.R.A.  4G8. 

Creation  of  tenancy  by  mortgagor's  agree- 
ment as  to  payment  for  services.  4 
L.R.A.{N.S.)    701. 

Notice  of  title  from  possession  by  mort- 
gagee.    13  L.R.A. (N.S.)    120. 

Estoppel  of  one  attesting  mortgage  to- 
assert  title.     3  L.R.A. (N.S.)   879. 

Paying  interest  on  forged  mortgage  as  es- 
toppel to  question  the  mortgage.  4? 
L.R.A.(N.S.)    740. 

Admissibility  of  declarations  by  mortgager- 
made  out  of  court  as  to  his  purpose 
in  making  a  mortgage  attacked  as. 
fraudulent  as  against  creditors.  41 
L.R.A.(N.S.)    1. 

Estoppel  of  mortgagee  to  assert  title  or  in- 
terest in  property  by  concealing  his 
interest  or  representing  title  to  be  in- 
another.  48  L.R.A.  (N.S.)  753,  759,. 
761,  764. 

Marshaling  assets  for  benefit  of  mortgagor.. 
47  L.R.A. (N.S.)  302. 

Adjustment  of  mortgage  indebtedness  in  de- 
termining compensation  to  be  paid 
public  utility  company  upon  taking  its 
plant.     47   L.R.A. (N.S.)    790. 

Degree  of  proof  requisite  to  establish  fact 
and  contents  of  lost  mortgage.  L.R.A.. 
1918B,  879. 

§  2.  Taxation  of. 

Rights  of  parties  to  mortgage,  as  to  taxes, 
see   infra,   §  32. 

Taxation  on,  as  double  taxation,  see  Taxes,. 
§  10. 

Situs  for  taxation  of  debts  evidenced  by- 
mortgage,  see  Taxes,  §  47. 

Power  to  tax.     16  L.R.A.  59. 


Begin  icith  tliis  booli  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


939 


MORTGAGE,  I.— cont'd 

Constitutionality  of  mortgage  registration 

tax.    L.R.A.19i6A,  865. 
Effect  of   mortgage  foreclosure  to   transfer 

immunity    from    taxation.      GO    L.R.A. 

102. 

§   3.  — succession  tax. 

Debt  due  to  nonresident  secured  by  mort- 
gage on  land  within  the  state  as  subject 
of  inheritance  tax.  9  L.R.A.  (N.S.) 
1104;   35  L.R.A.  (N.S.)    784. 

Deduction  of,  in  computing  succession  tax. 
16  L.R.A.(N.S.)    329.      ' 

§   4.  Reformation   of. 

Effect  of  the  statute  of  frauds  upon  the 
power  of  equity  to  reform.  L.R.A. 
1917A,  573. 

Reformation  of  mortgage  after  foreclosure. 
39  L.R.A. (N.S.)    90. 

Mistake  of  law  as  ground  for.  28  L.K.A. 
(N.S.)   823. 

II.  Nature,  validity,  and  effect. 
a.  In  general. 

§   5.  Generally. 

Position  of  mortgagees  of  partnership.  28 
L.R.A.  170. 

Right  of  foreign  corporation  to  take  mort- 
gage on  real  property  within  the  state. 
24  L.R.A.  328. 

§.6.  Nature  of,  generally. 

Preference  by  mortgage  as  an  assignment 
for  creditors.     37  L.R.A.  337.      . 

§    7.  — of  equitable  mortgage. 

Equitable;  nature  of.    9  L.R.A.  544.* 

§   8.  Execution. 

Of  chattel  mortgage,  see  Chattel  Mobt- 
GAGE,  §  3. 

Validity  of  acknowledgment  of  deed  of 
trust  taken  by  trustee.     16  L.R.A.  719. 

Signing  by  proxy.     22  L.R.A.  297. 

Proof  of  signature  by  mark  when  attesting 
witnesses  are  dead  or  cannot  remember 
transaction.     44  L.R.A.  146. 

Implied  authority  to  fill  in  name  of  mort- 
gagee in  blank  left  for  that  purpose  at 
time  of  delivery.     38  L.R.A. (N.S.)  423. 

§   9.  Power  to  give  mortgage. 

Power  of  trustee  to  mortgage  trust  estate 
for  purpose  of  making  improvements  so 
as  to  render  it  productive.  7  L.R.A. 
(N.S.)   263. 

§   10.  —of  corporation. 

Powers  of  president  and  vice  president  of 
corporation  to  give  mortgage.  14  L.R.A. 
359. 

§   1 1.  —  of  partner. 

Power  of  partner  to  give,  on  real  estate. 

28  L.R.A.  95. 
Consult  also  L.R.A.  Digests  of  Cases. 


MORTGAGE,  II.  a— cont'd 
§   12.  What  is  a  purchase  money  mort- 
gage. 

Mortgage  to  secure  money  advanced  to  pur- 
chase property  as  a  purchase 
money  mortgage.  40  L.R.A.  (N.S.) 
272. 


b.  What  constitutes. 

§   13.  Generally. 

Effect  of  deed  delivered  in  escrow  as  further 
security  for  a  mortgage  debt.  2  L.R.A. 
(N.S.)    628;  L.R.A.1915B,  492. 

§    14.  Equitable  mortgage. 

Equitable  lien,  see  Liens,  §§  5-7. 

Equitable  mortgage  by  deposit  of  title  deeds. 

19  L.R.A.(N.S.)    206. 
Effect  of  borrowing  money  on  deposit   o£ 

certificate  of  title  registered  under  the 

Torrens  Law.     L.R.A.1916D,  80. 
Right  to  foreclose  deed  intended  as  security 

for  debt  as  an  equitable  mortgage.     22 

L.R.A.(N.S.)    572. 
Necessity  and   character   of   one's  previous 

interest  in  land  essential  to  his  claim 

as  an  equitable  mortgagor.     37  L.R.A. 

(N.S.)    521.  ■ 
Keeping    alive    after    payment.      1    L.R.A. 

(N.S.)    405. 

§  15.  Deed  absolute  on  face  intended 
as  mortgage. 

Right  to  foreclose  deed  intended  as  security 
for  debt,  as  an  equitable  mortgage.  22 
L.R.A.(N.S.)    572. 

Does  a  deed  absolute  on  its  face,  but  intend- 
ed as  a  mortgage,  convey  the  legal 
title.      11    L.R.A.(N.S.)    209. 

Jurisdiction  of  equity  over  suit  to  have 
deed  declared  a  mortgage  as  to  land  in 
another  state  or  country.  69  L.R.A. 
685. 

Grantee's  oral  promise  to  grantor  to  hold 
in  trust,  as  giving  rise  to  constructive 
trust,  where  conveyance  was  made  as 
security.     39   L.R.A.(N.S.)    922. 

Protection  of  purchaser  from  apparent 
vendee  under  instrument  apparently  a 
conveyance,  but  intended  as  a  mort- 
gage. 32  L.R.A.(N.S.)  1046;  38  L.R.A. 
(N.S.)    982. 

Effect  of  failure  to  record  defeasance  as 
against  creditors  of  the  grantee.  5 
L.R.A.(N.S.)    387. 

Effect  of  judgment  declaring  husband's 
title  to  an  estate  to  be  that  of  mort- 
gagee on  dower  right  of  wife  who  is 
not  a  party  to  the  action.  13  L.R.A.. 
(N.S.)    723. 

Effect  of  debt  becoming  barred  by  limita- 
tions, upon  rights  and  remedies  under 
conveyance  absolute  on  its  face,  but  in- 
tended as  a  mortgage.  11  L.R.A. (N.S.) 
825;  24  L.R.A. (N.S.)   840. 


940 


INDEX  TO  L.R.A.  NOTES. 


MORTGAGE,  II.  b— cont'd 

Right  to  accept  favorable  part  of  decree  on 
absolute  deed  decreed  to  be  a  mortgage, 
and  appeal  from  the  rest.  29  L.R.A. 
(N.S.)   11. 

Parol  evidence  that  a  written  instrument 
which  on  its  face  imports  a  complete 
transfer  of  a  legal  or  equitable  estate 
or  interest  in  property  was  intended  as 
a  mortgage.    L.R.A.1916B,  18. 

c.  What  property  subject  to  or  covered 
by  mortgage;  description. 

§    16.  Property  subject  to  mortgage. 

Right  to  mortgage  privilege  to  use  streets 
for  quasi-public  purposes.  47  L.R.A. 
87;  L.R.A.1917D,  707. 

Right  to  mortgage  burial  lot.  67  L.R.A. 
122. 

§    17.  Property  covered. 

Right  to  rents,  earnings,  and  profits,  see 
infra,   §   33. 

Mortgage  of  land  as  including  crops.  L.R.A. 
1917C,  40. 

§    18.  — after-acquired   property. 

Rails  and  other  permanent  fixtures  annexed 
after  execution  of  railroad  mortgage. 
66  L.R.A.  44. 

Validity  of  mortgage,  other  than  railroad 
mortgage,  covering  after-acquired  prop- 
erty.   21  L.R.A.(N.S.)   843. 

§    19.  Description. 

Validity  and  effect  of  mortgage  executed  in 
blank  as  to  the  land  to  be  conveyed. 
L.R.A.1918A,  1155. 


d.  Validity. 

§  20.  Generally. 

Of   chattel    mortgage,    see   Chattel   Mobt- 

GAGE,   §§   4-6. 

Validity  of,  as  against  creditors,  see  Fraud- 
ulent COXVEYAXCES,  §§  8a,  9. 

Validity  of  mortgage  executed  in  blank  as 
to  the  land  to  be  conveyed.  L.R.A. 
1918A,  1155. 

^Mortgage  executed  by  citizen  of  one  belli- 
gerent to  citizen  of  another.  L.R.A. 
1917C,  688. 

Fictitious  names,  as  affecting  validity  of. 
39  L.R.A.  423. 

Necessit}'  of  bond  by  guardian  to  make  his 
mortgage  of  land  valid.    33  L.R.A.  761. 

Validity  of  mortgage  upon  public  lands  ox- 
executed  by  claimant  under  the  home- 
stead acts  prior  to  patent  or  final  proof. 
6  L.R.A.(N.S.)   934;  L.R.A.1915B,  681. 

Validity  of  mortgage,  other  than  railroad 
mortgage,  covering  after-acquired  real- 
ty.    21  L.R.A.  (N.S.)   843. 

Validity  of  mortgage  partially  made  on  Sun- 
day and  perfected  on  a  secular  dav.  4 
L.R.A.(N.S.)  1151. 

Begin  tvith  this  book  on  every  law  question. 


[MORTGAGE,  II.  d— cont'd 

Mortgage  procured  bv  threats  of  prosecu- 
tion of  relative.  *20  L.R.A.  (X.S.)  484: 
L.R.A.1915D,  1118. 

Effect  of  insolvency  statutes  upon  mortgage 
preferring  creditors.     37  L.R.A.  46-5. 

Voidability  of  mortgage  within  four  months 
of  bankruptcy  given  pursuant  to  execu- 
tory agreement  antedating  such  period. 
]7  L.R.A.(X.S.)  937. 

Validity  of  lien  given  to  secure  loans  used 
bv  bankrupt  to  cive  one  of  his  creditors 
a' preference.     24  L.R.A. (N.S.)    184. 

Right  to  enforce  mortgage  given  by  an  in- 
competent who  had  not  been  declared 
such.     42  L.R.A. (N.S.)   343. 

Validity  of  stipulation  for  attorneys'  fees. 
L.R.A.1915B,  928. 

Effect  of  mortgage  on  one  who  signs  it  but 
is  not  named  in  it.  13  L.R.A.  (N.S.) 
298;  L.R.A.1915D,  196. 

Validity  of  lien  acquired  by  creditor  of 
fraudulent  transferrer  through  fraudu- 
lent transferee.     5  B.  R.  C.  277. 

Validity  of  mortgage  given  to  secure  im- 
perfectlv  executed  note  or  bond.  44 
~     L.R.A.  (X.S.)   1153. 

Power  of  surviving  partner  to  mortgage 
partnership  property  for  firm  debt.  3 
B.  R.  C.  577. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void 
in  law.    4  B.  R.  C.  663. 

Jurisdiction  of  equity  over  suit  to  cancel 
void  mortgage  on  realty  in  other  state 
or  country.     69  L.R.A.  682. 

§   21.  Wlio  may  question  validity. 

Who  mav  set  up  defense  of  usurv,  see  infra, 
§  24. 

Right  of  subsequent  creditor  to  question 
corporate  mortgage  in  favor  of,  or  for 
the  benefit  of^  directors,  in  absence  of 
fraud.     12   L.R.A. (N.S.)    825. 

§   22.  Consideration. 

Pre-existing  debt  as  consideration  for  mort- 
gage as  against  other  creditors  or 
equities.     33  L.R.A.  305. 

§    23.  Usury. 

Effect  of  mortgage  security  upon  question 
as  to  governing  law  with  respect  to 
usury.    62  L.R.A.  61;  L.R.A.1916D.  755. 

Does  the  lex  rei  sitce  with  respect  to  inter- 
est and  usury  control  in  action  to  fore- 
close mortgage  on  real  property.  55 
LJl.A.  933. 

Enforcement  of  mortgage  valid  by  law  where 
made  and  pavable,  but  usurious  bv  lex 
fori  et  rei  si'tce.     4  L.R.A. (X.S.)    1191. 

Requiring  mortgagor  to  pav  mortgage  or 
recording  tax.  51  L.R.A.(N.S.)  465: 
L.R.A.1918F,  383. 

§   24.  — who  may  set  up  defense  of. 

Right  of  vendee  of  land  subject  to  mort- 
gaire  to  raise  question  of  usurv.  8 
L.R.A.  (N.S.)  814:  10  L.R.A.(5s'.S.) 
857;  48  L.R.A. (N.S.)  840. 


liSDEX  TO  L.R.A.  x^OTES. 


941 


MORTGAGE,  II.— cont'd 

e.  Effect  of,  generally. 

§   2  5.  Generally. 

Mortgage  as  breach  of  condition  in  in- 
surance policy  as  to  sole  and  uncondi- 
tional ownership.    L.R.A.1915D,  812. 

Effect  of  mortgage  to  transfer  reversion  of 
leased  premises.     L.R.A.1915C,  200. 

Effect  of  mortgage  contemporaneous  with 
note  as  defense  to  note.     43  L.R.A.  472. 

Effect  of  provisions  in,  on  liability  of  ad- 
vanced member  of  loan  association  to 
assessment   for  losses.     29   L.R.A.   177. 

As  rendering  title  unmarketable.  38  L.R.A. 
(X.S.)    30. 

Effect  of  instrument  in  form  of  chattel  mort- 
gage to  create  a  lien  on  real  estate.  11 
L.R.A.  (X.S.)    869. 

As  violation  of  covenant  in  lease  against 
assignment  or  sale.  14  L.R.A. (X.S.) 
1204. 

Assumption  of  individual  debts  of  partner 
bv  mortgage  of  partnership  property. 
29  L.R.A.  (592. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of.  40 
L.R.A.(X.S.)   414. 

Relief  from  mistake  of  law  as  to  effect  of. 
28  L.R.A. (X.S.)    801,  823. 

Joining  in  mortgage  on  property  as  a 
waiver  of  prior  lien.  35  L.R.A. (X.S.) 
348. 

Effect  of  one  spouse  joining  in  the  execu- 
tion of  the  other's  deed  or  mortgage  to 
convey  the  former's  separate  property 
included  therein.     28  L.R.A.(X.S.)  289. 

§   2  6.  On  negotiability  of  note. 

Effect  of  mortgage  on  negotiability  of  note. 
35  L.R.A.  536. 

Effect  of  stipulation  for  attorneys'  fees  in 
mortgage  upon  negotiability  of  note  se- 
cured thereby.     26  L.R.A. (X.S.)   217. 

Recital  in  note  as  to  mortgage  security  as 
affecting  negotiability.  32  L.R.A. 
(X.S.)    858. 

/.  Estates  of  parties  in  property  mort- 
gaged. 

§2  7.  Generally. 

As  affecting  change  of  title  or  interest  in 

insured  property.     38  L.R.A.  562. 
Effect    of    mortgage    upon    wife's    right    of 

dower.     18  L.R.A.  76. 
Mortgagee  as  owner  within  mechanics'  lien 

law.     39  L.R.A.(X.S.)    84. 
Curtesy  in  equity  of  redemption.     20  L.R.A. 

(X.S.)    454. 
Does   a   deed   absolute   on   its   ffrt;e   but   in- 
»       tended  as  a  mortgage  convey  the  legal 

title.     11  L.R.A.(X.S.)  209, 

g.  Rights,    remedies,   and   liabilities   of 
parties  generally. 

1.  In  general. 

§   28.  Generally. 

Of  purchasers  on  foreclosure,  see  infra,  §§ 

80-81. 
Consult  also  L.R.A.  Digests  of  Cases. 


MORTGAGE,  II.  g,  1— cont'd 

Right  to  redeem,  see  infra,  §§  86-89. 

Rights  in   fixtures   on   mortgaged  premises, 

see  Fixtures,  §§  5,  7. 
Rights  of  mortgagee  to  insurance  money,  see 

Insurance,  §   185. 
Right  of  insurer  to  subrogation  to  rights  of 

mortgagee,  see  Insurance,  §  197. 
Subrogation  to  rights  under,  generall}',  see 

Subrogation,  §  4. 

§   2  9.  Of  mortgagor. 

Injunction  against  cutting  of  timber  by 
mortgagor  or  mortgagee.  43  L.R.A. 
(X.S.)    268. 

Dedication  of  land  by  mortgagor.  31  L.R.A. 
(X.S.)   1026. 

Power  of  mortgagor  to  sell  or  contract  with 
reference  to  mortgaged  property,  free 
from  mortgage.     8  L.R.A.  ( X.S. )  "404. 

Right  of  mortgagor  of  mining  claim  to  re- 
locate same  for  his  own  benefit.  50 
L.R.A.  186. 

Effect  of  stipulation  that  mortgagor  shall 
become  a  tenant.     49  L.R.A.  435. 

Infecting  premises  with  contagious  disease 
as   waste.     .30   L.R.A. (X.S.)    474. 

Liability  of  original  mortgagor  or  interme- 
diate grantee  who  has  assumed  the 
mortgage,  as  affected  by  extension 
of  time  given  his  grantee  by  the 
mortgagee.     5  B.   R.  C.  633. 

Right  of  mortgagor,  or  those  claiming 
through  or  under  him,  to  set  vip  out- 
standing title,  or  acquire  outstanding 
title  to  defeat  the  mortgage.  L.R.A. 
1918B,  734. 

When  mortgagor  excused  from  noncompli- 
ance with  his  undertaking  to  pay  in- 
surance premiums  or  other  obligations 
to  third  party.     L.R.A.1917D,  555. 

Procuring  of  insurance  by  mortgagee  as  a 
violation  of  provision  in  policy  of  mort- 
gagor against  other  or  additional  in- 
surance.   L.R.A.1917A,  607. 

§   30.  Of  mortgagee. 

Of  mortgagee  purchasing  on  foreclosure,  see 
infra,   §§  81,  82. 

Right  to  redeem,  see  infra,  §  89. 

Accounting  by  or  to  mortgagee,  see  Ac- 
counting, §  2. 

In  eminent  domain  proceedings,  see  Emi- 
nent Domain,  §  38. 

Rights  of  mortgagee  to  insurance  money, 
see  Insurance,  §  185. 

Effect  of  mortgagor's  acts  on  rights  of  mort- 
gagee under  insurance  policy,  see  In- 
surance, §  82. 

Liability  of  mortgagee  under  mortgage 
clause  for  insurance  premium.  L.R.A. 
1917F,  379. 

Right  of  mortgagee  to  set  up  Statute  of 
Limitations  against  other  creditors  of 
his  debtor.     L.R.A.1918C,  1020. 

Rights  of  mortgagee  on  condemnation  of 
premises.     18  L.R.A.   113. 

Right  of  mortgage  creditor  to  question  va- 
lidity of  attachment.     35  L.R.A.  768. 

Ejectment  by  mortgagee.     18  L.R.A,  788. 


942 


INDEX  TO  L.R.A.  NOTES. 


MORTGAGE,  II.  g,  1— cont'd 

Injunction  in  favor  of  mortgagee  against 
execution  sale.     30  L.R.A.  125. 

Preliminary  injunction  which  would  have 
effect  of  transferring  possession  of  prop- 

•  ertv  from  mortgagor  to  mortgagee.  39 
L.R.A.  (N.S.)    34. 

Jurisdiction  of  equity  to  award  compensa- 
tory damages  against  mortgagee  for 
breach  of  trust.     14  L.R.A.(N.S.)   900. 

Injunction  against  cutting  of  timber  by 
mortgagor  or  mortgagee.  43  L.R.A. 
(N.S.)   268. 

Mortgagee  of  leasehold  as  an  assignee  lia- 
ble to  lessor  for  rent.  52  L.R.A. (N.S.) 
987. 

Rights  of  mortgagee  as  to  captured  prop- 
erty.    5  B.  R.  C.  1002. 

Right  of  mortgagee  to  compensation  for  im- 
provements made  by  one  entering  un- 
der permission  from  mortgagor  before 
condemnation.     L.R.A.1916F,  989. 

Right  of  one  taking  mortgage  of  public  land 
from  holder  of  final  certificate  in  event 
of  its  cancelation.     L.R.A.1918E,  1002. 

§81.  — mortgagee   in  possession. 

Meaning  of  term  and  character  of  mort- 
gagee in  possession.     37  L.R.A.  841. 

Purchaser  at  void  foreclosure  sale  as  mort- 
gagee in  possession.  40  L.R.A. (N.S.) 
839. 

Rights  of  purchaser  at  void  foreclosure  sale 
as  mortgagee  in  possession.  40  LJI.A. 
(N.S.)    842. 

Does  limitation  run  against  mortgagee  in 
possession,     34  L.R.A. (N.S.)   356. 

Effect  of  entry  by  mortgagee  by  virtue  of 
an  interest  in  the  property,  but  not  un- 
der the  mortgage,  to  enable  him  to  hold 
as  a  mortgagee  in  possession.  16  L.R.A. 
(N.S.)    151. 

Application  of  rents  received  by  mortgagee 
in  possession.     4  B.  R.  C.  829. 

Right  and  duty  of  mortgagee  in  possession 
as  to  repair  or  improvement  of 
property.     49  L.R.A. (N.S.)    122. 

Right  of  mortgagee  in  possession  to  main- 
tain action  for  trespass  antecedent  to 
his  entry.     6  B.  R.  C.  92. 

2.  As   to    taxes. 

§  32.  Generally. 

Right  of  mortgagee  to  notice  to  redeem  from 
tax  sale.    44  L.R.A.  (N.S.)  669,676,679. 

Right  of  mortgagee,  who  has  paid  taxes,  to 
maintain  independent  action  against 
mortgagor  for  reimbursement  before  or 
after  foreclosure  of  mortgage.  10  L.R.A. 
(N.S.)    679. 

Right  to  prevent  foreclosure  of  mortgage  for 
default  in  taxes  by  payment  of  same  be- 
fore commencement  of  action.  22  L.R.A. 
(N.S.)    360. 

Right  of  purchaser  on  foreclosure  to  recover 
amount  paid  to  relieve  land  from  tax 
from  prior  owner  who  should  have  paid 
same.     22  L.R.A. (N.S.)   562. 

Validity  and  effect  of  purchase  of  tax  title 
by  mortgagee.    L.R.A.1917D,  522. 

Begin  uHth  this  took,  on  every  law  question. 


MORTGAGE,  II.  g— cont'd 


3.  As  to  rents,  earnings,  and  profits. 

§   33.  Generally. 

During  or  after  foreclosure,  see  infra,  §  79. 

1i.  Bondholders. 

§   34.  Generally. 

Right  of  bondholders  to  bring  suit  to  en- 
force mortgage,  see  infra,  §  68. 

Bondholders  as  parties  to  foreclosure  suit, 
see  infra,  §  72. 

Extent  to  which  bondholders  are  represent- 
ed by  trustee  in  mortgage  or  deed  of 
trust  securing  the  bonds.  16  L.R.A. 
(N.S.)    1006. 

Whose  servants  are  employees  operating 
railroads  for  trustees  of  mortgage  bond- 
holders.    37  L.R.A.  85. 

Right  of  detached  coupons  to  benefit  of 
mortgage  securing  bonds.  43  L.R.A. 
(N.S.)    82. 

III.  Priority. 

§  35.  Generally. 

Marshaling  assets  for  benefit  of  mortgagor. 
47   L.R.A. (N.S.)    302. 

Priority,  as  between  dower  and  purchase 
money  mortgage.    52  L.R.A.  (N.S.)  540. 

Efficacy  of  chattel  mortgage  as  against  real- 
estate  mortgage.     15  L.R.A.  57. 

Priority  of  statutory  preference  of  claim 
for  labor  over  pre-existing  mortgage. 
2  L.R.A. (N.S.)    615. 

Priority  of  statutory  lien  for  work  not  bene- 
ficial to  the  property,  done  in  the  exer- 
cise of  the  police  power.  L.R.A.1918C, 
1024. 

Priority  of  claims  against  property  in 
hands  of  receiver  over  mortgage.  41 
L.R.A.(N.S.)   695. 

§   36.  Unrecorded  mortgage. 

Of  unrecorded  mortgage  as  against  pur- 
chaser at  judicial  sale.     21  L.R.A.  38. 

Priority  as  between  unrecorded  mortgage 
and  lien  acquired  by  attachment.  L.R.A. 
1918A,  1089. 

§  37.  Over  mechanics'  and  laborers' 
liens. 

See  JklECHAKics'  Liens,  §  9. 

§38.  Over  local  assessments. 

Superiority  as  between  special  assessment 
for  public  improvement  and  private 
mortgage.  35  L.R.A.  372;  30  L.R.A. 
(N.S.)   769. 

Necessity  «f  giving  mortgagee  notice  of  pub- 
lic improvement.  37  L.R.A.  (N.S^) 
558. 

§  39.  Of  notes  falling  dne  at  different 
times  secured  by  same  mortgage. 

In  general.    24  L.R.A.  800;  42  L.R.A.  (N.S.) 

183. 
Pro  rata  rule.     24  L.R.A.   800;    42  L.R.A. 

(N.S.)    185. 
Pro   rata    as    to    notes    made    to    different 

parties.     24  L.R.A.  801. 


INDEX  TO  L.R.A.  NOTES. 


943 


MORTGAGE,  III.— cont'd 

Priority    as    regulated    by    maturity.      24 

L.R.A.  801. 
Priority    as    regulated   by    contract    of    as- 

-signment.    24  L.R.A.  802. 
The     earlier     maturity     rule.     42     L.RA. 

(N.S.)  109. 
The     prior     assignment     rule.     42     L.R.A. 

(N.S.)   205. 

IV.  Sale    of   mortgaged    property;    as- 
sumption of  debt. 

§   40.  Generally. 

Covenants  against  mortgages,  see  Cove- 
nants, §§  10,  11,  28-30. 

Liability  in  inverse  order  of  alienation,  see 
Mabshalinq  Assets  and  Secubities, 
§  2. 

Rule  as  to  inverse  order  of  alienation  as  af- 
fected bv  assumption  of  mortgage  debt. 
39   L.R.A.(N.S.)    359. 

Effect  of  assumption  of  debt,  before  notice 
of  defective  title,  to  sustain  the  bona 
fide  character  of  purchaser  of  real  es- 
tate.    7  L.R.A.(N.S.)    1120. 

Kelief  from  mistake  of  law  as  to  assumption 
of  mortgage.     28  L.R.A.(N.S.)  819. 

Effect  of  transfer  of  part  of  tract  of  mort- 
gaged land,  to  create  easement.  26 
L.R.A.(N.S.)   343. 

Structures  erected  by  railroad  company  on 
right  of  way  through  land  subject  to 
previous  mortgage.     66  L.R.A.  43. 

Effect  of  purchase  at  tax  sale,  by  or  in  the 
interest  of  mortgagor,  guarantor  of 
mortgage  indebtedness,  x>r  purchaser  of 
equitv  of  redemption.  16  L.R.A. (N.S.) 
121; '52  L.R.A.(N.S.)    877. 

§  41.  Rights  of  purchaser. 

Eight  of  purchaser  of  land  subject  to  a 
mortgage  to  question  the  validity  of 
the  mortgage.     L.R.A.1917C,  832. 

Right  of  vendee  of  real  estate  subject  to 
mortgage  to  raise  question  of  usurv.  8 
L.R.A,  (N.S.)  814;  10  L.R.A.  (N.S.) 
857;  48  L.R.A. (N.S.)   840. 

flight  of  one  purchasing  equity  of  redemp- 
tion to  cut  out  second  mortgage  by  pur- 
chasing under  foreclosure  of  first.  8 
L.R.A. (N.S.)   491. 

42.  Protection  of  one  purchasing 
from  apparent  vendee  in  deed  In- 
tended as  a  mortgage. 

general.     32     L.R.A.  (N.S.)      1046;     38 
L.R.A.(N.S.)    982. 

43.  Liability  of  purchaser. 

Contingency  of  liability  of  grantee  assum- 
ing mortgage  as  affecting  presentation 
for  claim  against  decedent's  estate.  58 
L.RA.  89. 

Parol  evidence  to  show  that  grantee  of  deed 
assumed  existing  liens.  25  L.R.A.  (N.S.) 
1202. 

Personal  liability  of  purchaser  of  equity  of 
redemption  for  mortgage  debt  in  ab- 
sence of  express  assumption  thereof. 
L.R.A.1917C,  592. 

Consult  also  L.R.A.  Digests  of  Cases. 


MORTGAGE,  IV.— cont'd 

Effect  of  agreement  to  pay  mortgage  insert- 
ed in  deed  by  mistake.  L.R.A.1918A, 
1003. 

Right  of  mortgagee  whose  mortgage  is  as- 
sumed by  a  vendee  as  part  of  the  pur- 
chase price  to  enforce  the  vendor's  lien. 
47  L.R.A.(N.S.)  189. 

Right  of  mortgagee  to  maintain  personal  ac- 
tion against  grantee  who  has  assumed 
payment.  6  L.R.A.  611;*  25  L.R.A. 
275. 

Right  of  mortgagee  to  enforce  purchaser's 
promise  to  pay  the  mortgage  where  the 
grantor  or  promisee  was  not  himself 
liable.  22  L.R.A.  (N.S.)  492;  39 
L.R.A. (N.S.)    151;  L.R.A.1916D,  154. 

Mortgagee's  right  to  sue  where  property  is 
sold  subject  to  mortgage.  25  L.R.A. 
275. 

Liability  of  intermediate  grantee  who  has 
assumed  the  mortgage  as  affected  by 
extension  of  time  given  to  his  grantee 
by  the  mortgagee.    5  B.  R.  C.  633. 

§  44.  Liability  as  between  mortgagor 
and  purchaser. 

Release  of  mortgagor  as  surety  by  mort- 
gagee's dealing  with  vendee  who  has 
assumed  the  mortgage.     16  L.R.A.  85. 

Effect  upon  mortgagor's  obligation  of  modi- 
fication between  mortgagee  and  subse- 
quent grantee.     4  L.R.A. (N.S.)    666. 

Effect  of  payment  or  acknowledgment  by 
mortgagor  to  toll  statute  of  limitations 
as  against  his  grantee.  28  L.R.A. 
(N.S.)    169. 

§  45.  Effect  of  rescission  of  purchase 
on  assumption  of  mortgage  or  lien 
thereon. 

Rule  that  contract  is  not  subject  to  rescis- 
sion.    40  L.R.A.(N.S.)    673. 

Rule  that  contract  is  subject  to  rescission 
prior  to  actual  acceptance  by  mort- 
gagee.    40  L.R.A. (N.S.)    674. 

Effect  of  extrinsic  circumstances  or  charac- 
ter of  contract.     40  L.R.A. (N.S.)    675. 

Right  to  rescind  after  acceptance.  40  L.R.A. 
(N.S.)    676. 

§  46.  Creation  of  Indebtedness,  by  pur- 
chase by  municipality. 

Is  mortgage  debt  upon  property  purchased 
by  municipality  without  assuming  pay- 
ment, part  of  a  municipal  indebtedness. 
3  L.R.A. (N.S.)    684. 

Purchase  of  equity  of  redemption  by  munici- 
pality as  creating  indebtedness  within 
debt  limit  provisions.  37  L.R.A. (N.S.) 
1105;  L.R.A.1917E,  454. 

V.  Assignment  of  mortgage. 

§  47.  Generally. 

Who  must  enter  satisfaction  of  assigned 
mortgage  within  meaning  of  statute 
providing  a  penalty  for  failure  to  do 
so  after  payment.    L.R.A.1918B,  601. 


944 


INDEX  TO  L.R.A.  NOTES. 


MORTGAGE,  V.— cont'd 

Lien  of  mortgage  securing  negotiable  instru- 
ments assigned  before  maturity  as  af- 
fected by  payment  to  payee  without 
knowledge  of  assignment.  29  L.E.A. 
(X.S.)  577;  41  L.R.A.(N.S.)  462. 

Effect  of  placing  bond  indorsed  in  blank  in 
custody  of  another  to  estop  as  against 
purchaser  in  good  faith.  29  L.R.A. 
(N.S.)    256. 

Assignee  of  junior  mortgage  as  necessary 
party  to  suit  for  foreclosure  of  senior 
mortgage.     36   L.R.A.(N.S.)    433. 

Eflfect  of  negotiable  character  of  note  se- 
cured by  junior  mortgage  on  necessity 
of  making  assignee  of  such  mortgage  a 
party  to  a  suit  for  foreclosure  of  senior 
mortgage.     36  L.R.A.  (N.S.)   434. 

As  against  subsequent  bona  fide  purchaser 
or  encumbrancer  relying  on  an  appar- 
ent discharge  of  mortgage  by  mort- 
gagee.     L.R.A.1915F,   554. 

§   48.  Xature  and  effect  of. 

Pledge  or  assignment  by  mortgagee  of  his 
interest  in  the  mortgage  debt  or  prop- 
erty as  affecting  his  right  against  in- 
surer.   L.R.A.1917E,  330. 

§  49.  —  effect  of  assignment  by  or  with 
mortgagor's  consent  to  third  per- 
son after  payment  of  debt  original- 
ly secured. 

Effect   of    intention   to   preserve   lien    after 

payment.      27   L.R.A. (N.S.)    111. 
In   absence   of    intention   to   preserve   lien; 
payment      before      maturity.       27 
L.R.A.(N.S.)    113. 
Payment  by  purchaser  of  equity  of  redemp- 
tion; effect  of  intention  to  preserve 
lien.     27  L.R.A. (N.S.)    117. 
Attempt   after   payment   of   principal   debt, 
to  assign  mortgage  indemnifying  surety 
or  indorser.     27  L.R.A. (N.S.)    119. 

§   50.  Rights  of  assignee. 

As  against  subsequent  bona  fide  purchasers 
or  encumbrancers  relying  on  apparent 
discharge  of  mortgage  by  mortgagee. 
15  L.R.A.(N.S.)    1025. 

To  enforce  option  to  declare  entire  mort- 
gage due  for  default  of  payments.  15 
L.R.A. (N.S.)   590. 

Does  assignee  of  mortgage  as  collateral  se- 
curity, who  forecloses  the  same  and 
purchases  the  property,  hold  the  title 

'  subject  to  a  trust  in  favor  of  the  as- 
signor.    7  L.R.A.  (N.S.)   1094. 

Right  of  mortgagee's  assignee  to  purchase 
tax  title.     L.R.A.1917D,  522. 

§  51.  Priority  between  assignees. 

Priority  among  assignees.     13  L.R.A.  298.* 

VI.  Payment;  discharge;  release;  ex- 
tinction or  extension  of  lien. 

a.  In  general. 

§   52.  Generally. 

Subrogation  to  rights  of  mortgage,  see  Sub- 

EOGATION,  §  4. 
Begin  iHth  this  booTc  on  every  Uno  question. 


MORTGAGE,  VI.  a— cont'd 

Payment  of  illegal  bonus  for  discharge  of, 
pending  foreclosure,  as  duress.  2 
L.R.A. (N.S.)   574. 

Liability  of  advanced  member  of  loa»  as- 
sociation to  assessment  for  losses  after 
release  of  mortgage.     29  L.R.A.  181. 

Rights  of  assignee  as  against  subsequent 
bona  fide  purchasers  or  encumbrancers 
relying  on  apparent  discharge  of  the 
mortgage  by  mortgagee.  15  L.R.A.  (N. 
S.)    1025;  L.R.A.1915F,  554. 

Effect  upon  lien  of  mortgage  securing  nego- 
tiable instruments  assigned  before  ma- 
turity, of  payment  to  payee  without 
knowledge  of  assignment.  29  L.R.A. 
(N.S.)   577;  41  L.R.A. (N.S.)   462. 

Rights  of  life  tenant  who  pays  mortgage  as 
against  remainderman.  29  L.R.A.  (N. 
S.)  153. 

Right  of  lienor  to  proceeds  where  property 
is  sold  with  his  consent  under  agree- 
ment that  proceeds  shall  be  a[)plied  to- 
ward payment  of  debt.  L.R.A.1915C, 
166. 

Repudiating  cotenancy  as  affecting  right 
to  contribution  of  cotenant  paying  en- 
cumbrance.    L.R.A. 1915B,  973. 

Effect  on  mortgage  of  alteration  of  note 
secured    by    it.      41    L.R.A. (N.S.)    230. 

Effect  of  discharge  in  bankruptcy  on  lien 
of  mortgage.     42  L.R.A, (N.S.)    295. 

Extent  to  which  bondholders  are  repre- 
sented by  trustee  in  release  of  mort- 
gaged property.     16  L.R.A. (N.S.)   1011. 

New  obligation  given  by  debtor  to  secure 
release  of  lien  as  novation  of  the  orig- 
inal  obligation.     36  L.R.A.  (N.S.)    464. 

Recovery  of  payment  unlawfully  demanded 
by  mortgagees  as  made  in  duress  of 
real   property.      L.R.A.1915B,    498. 

§   53.  Application  of  payments. 

See  Payment,  §  20. 

§   54.  Release  of  parcel. 

Effect  of  release  of  parcels  by  mortgagee. 
5  L.R.A.  286.* 

§  55.  Extension  of  lieij  by  renewal  of 
secured  debt. 

Generally.      55    L.R.A.    673. 

As  against  original  debtor  and  mortgagor. 

55  L.R.A.  673. 
As    against    subsequent    encumbrancers    or 

grantees.     55  L.R.A.  677. 
Effect  of  renewal  by  one,   to  secure  whose 

debt,  mortgage  was  given   by   another. 

55  L.R.A.  684. 
Absence  from  state  as  operating  to  renew 

debt.     55  L.R.A.  685. 
Under    provision   of    particular    statute   or 

Code.     65  L.R.A.  688. 

6.  What    operates    as    a    discharge    or 
satisfaction. 

§   56.  Generally. 

Waiver  of  junior  lien  by  failure  to  assert  it 

in    foreclosure    proceedings,    see    infra, 

§  64. 


INDEX  TO  L.R.A.  NOTES. 


94& 


MORTGAGE,  VI.  b— cont'd 

Who  must  entor  satisfaction  of  assigned 
mortgage  within  meaning  of  statute 
providing  a  penalty  for  failure  to  do 
so  after  payment.     L.R.A.IOISB,  601. 

Who  may  make  a  tender  which  will  dis- 
charge the  lien  of  a  mortgage.  L.R.A. 
1918C,  186. 

Effect  of  payment  of  debt  by  volunteer.  23 
L.R.A.  131. 

Effect  of  deed  in  partition  on  mortgage  lien. 
57  L.R.A.  340. 

Waiver  of  lien  of  mortgage  by  attachment 
or  execution.     50  L.R.A.  718. 

Lien  on  mortgage  securing  negotiable  in- 
struments assigned  before  maturity  as 
affected  by  payment  to  payee,  without 
knowledge  of  assignment.  29  L.R.A. 
(N.S.)    577. 

Effect  upon  lien  of  mortgage,  of  entry  of 
judgment  upon  bond  or  note  secured 
thereby.      24   L.R.A. (N.S.)    1095. 

Acceptance  of  renewal  paper  as  satisfaction 
of  mortgage.     35  L.R.A. (N.S.)   86. 

Payment  to  one  not  in  possession  of  mort- 
gage. 23  L.R.A,  (N.S.)  414;  L.R.A. 
1916B,  860. 

Voluntary  conveyance  in  which  dower  is  not 
released,  in  satisfaction  of  a  mortgage 
releasing  dower.     31  L.R.A. (N.S.)   323. 

§  5  7.  Effect  of  unaccepted  tender  on 
lien. 

Before   and   at  maturity.      33   L.R.A.   231; 

23  L.R.A. (N.S.)   403. 
After  maturity.     33  L.R.A.  231;   28  L.R.A. 

(N.S.)   998. 
By  and  to  whom  made.     33  L.R.A.  233. 
Tender  of  portion  only.     33  L.R.A.  233. 
Sufficiency.     33  L.R.A^.  233. 
Ground  of  refusal.     33  L.R.A.  234. 
Remedy   of  mortgagor.     33  L.R.A.  235. 
Equivalent  to  tender.     33  L.R.A.  235. 
Mortgage  conditioned  to  support  the  mort- 

gag  c.     33  L.R.A.  235. 
Miscella.ieous.     33  L.R.A.  235. 

c.  Merger;    Tceeping     alive;    reinstate- 
ment. 

« 

§   58.  Merger;   keeping  alive. 

Keeping   alive   mortgage   discharged   or   re- 
leased   by   mistake.      28    L.R.A. (N.S.) 
904. 
Keeping  equitable  alive  mortgage  after  pay- 
ment.    1  L.R.A.  (N.S.)    405. 
Proceedings   to   enforce  mortgage   for   part 
of  debt  as  affected  by  prior  proceedings 
in  matters  of  merger.    37  L.R.A.  758. 
Merger    of    mortgage    by    conveyance    from 
mortgagor  to  mortgagee  or  revival 
thereof     after     such     conveyance, 
where   there   are   intermediate   en- 
cumbrances upon  the  property.    39 
L.R.A. (N.S.)    834. 

§   59,  Revival;   reinstatement. 

Revival  of  mortgage  after  conveyance  from 
mortgagor  to  mortgagee,  where  there 
are  intermediate  encumbrances  on  the 
property.     39  L.R.A. (N.S.)  834 


MORTGAGE,  VI.  c— cont'd 

Revival  of  discharged  mortgage  in  favor  of 
assignee  of  equity  of  redemption.  w])o 
pays  it.  as  against  junior  lien.  16 
L.R.A.  (N.S.)  470;  47  L.R.A.  (N.S.) 
1190. 

§  60.  — right  to  reinstatement  of  mort- 
gage released  or  discharged  by  mis- 
take. 

In  general.    58  L.R.A.  788;  26  L.R.A. (N.S.) 

816;   23  L.R.A.  (N.S.)    825,  904;   L.R.A, 

1917E,  1055. 
Mistake   as  to  the   effect   of  a   decree.      58 

L.R.A.  788. 
Where    the    release    is    unintentional.      58 

L.R.A.  788. 
Where  the  wrong  mortgage  is  released.     58 

L.R.A.  791. 
Release  without  authority.     58  L.R.A.  792, 
Ignorance  of  intervening  judgments  and  at- 
tachments.   58  L.R.A.  794. 
Ignorance  of  intervening  mortgage  liens  or 

deeds.     58  L.R.A.  796. 
Ignorance  of  defective  title.     58  L.R.A.  801, 
Mistake  as  to  assets  of  debtor,     58  L.R.A. 

804. 
Mistake   as   to   amount   and    consideration. 

58  L.R.A.  804. 
Mistake    of    law.      58    L.R.A.    805;    L.R.A. 

1917E,  1057. 
Mistake  of  fact.     L.R.A.1917E,  1055. 
Relief  as   affected   by   the   equities   between 

the  parties.     L.R.A.1917E,  1057. 
Negligence  of  the  mortgagee.     L.R.A.1917E, 

1058. 
Laches     of    the    mortgagee.      L.R.A.1917E, 

1058. 
As  to  persons  subsequently  dealing  with  the 

mortgaged       property.        L.R.A. 1917E, 

1058. 
Matters  of  procedure.    L.R.A.1917E,  1059. 

VII.  Enforcement;  powers  of  sale. 
a.  In  general. 

§   61.  Generally. 

Jurisdiction  of  action  to  foreclose  mortgage 

on    land    in    other    state,    see    Courts, 

§  22. 
Equity    jurisdiction    of    suit,    see    Equity, 

§  10. 
Right  of  set-off,  see  Set-Off  and  Couxter- 

CLAIM,   §   9, 

Enforcement  of  mortgage  against  alien 
enemy,  5  B,  R,  C.  597;  L.R.A.1918B, 
198. 

Foreclosure  of  mortgage  upon  land  in  an- 
other state.     4  L.R.A.  (N.S.)   986. 

Enforcement  of  mortgage  valid  according 
to  law  of  place  where  made  and  pay- 
able, but  usurious  according  to  the  lex 
fori  et  rei  sitcr.     4  L.R.A.  (N.S.)    1191. 

Right  to  foreclose  deed  intended  as  security 
for  debt  as  an  equitable  mortgage.  22 
L.R.A. (N.S.)  572. 

Reformation  of  mortgage  after  foreclosure. 
39  L.R.A.(N.S.)   90. 

Denial  of  matters  as  to,  on  information  and 
belief.    30  L.R.A. (N.S.)  779. 


Consult  also  L.R.A.  Digests  of  Cases.    60 


946 


INDEX  TO  L.R.A.  NOTES. 


MORTGAGE,  VII.  a— cont'd 
Removal,  for  separable  controversy,  of  pro- 
ceeding  to  foreclose.     5    L.R.A.  (N.S.) 

72. 

§   62.  Effect  of  foreclosure. 

Pendency  of  foreclosure  suit  in  both  state 
and  Federal  courts  sitting  in  same 
state.     42  L.R.A.  451. 

Effect  of  foreclosure  of  one  of  several  si- 
multaneous mortgages  upon  the  others. 
39  L.R.A. (N.S.)   524. 

Effect  of  foreclosure  by  taking  possession 
before  all  of  mortgage  debt  due.  3 
L.R.A.(N.S.)   343. 

Effect  of  foreclosure  of  mortgage  on  leased 
premises  to  transfer  reversion.  L.R.A. 
1915C,  204. 

§  63.  Proceedings  to  enforce  mort- 
gage for  part  of  debt. 

Right  to  enforce.     37  L.R.A.  737. 
Parties.     37  L.R.A.  741. 
Decree.     37  L.R.A.  743. 
Stay  of  proceedings.    37  L.R.A.  749. 
Sale.     37  L.R.A.  751. 
Redemption;  right  to.     37  L.R.A.  752. 
As  affected  by  prior  proceedings.    37  L.R.A. 
752. 

§  64.  Waiver  of  junior  lien  by  failure 
to  assert  it,  in  foreclosure  proceed- 
ings. 

Generally.     68  L.R.A.  323. 
Splitting  claims.     68  L.R.A.  323. 
Where  default  was  taken.     68  L.R.A,   325. 
Application    of    the    proceeds    of    sale.      68 
L.R.A.  330. 

ft.  On   default   of   interest,   instalment, 
taxes,  etc. ;  acceleration. 

§  65.  Generally. 

When  mortgagor  is  excused  from  noncom- 
pliance with  his  undertaking  to  pay  in- 
surance premiums  or  other  obligations 
to  third  party.    L.R.A.1917D,  555. 

Right  to  enforce  mortgage  for  interest  in 
default.    37  L.R.A.  737. 

Right  of  assignee  of  mortgage  to  enforce 
option  to  declare  entii-e  mortgage  due 
for  default  of  payments.  15  L.R.A. 
(N.S.)   590. 

Right  to  prevent  foreclosure  of  mortgage  on 
real  property  for  default  in  payment 
of  interest  or  taxes  by  payment  of 
same  before  commencement  of  action, 
22  L.R.A.(N.S.)  360. 

Effect  of  acceleration  provision  in  mortgage 
to  start  the  statute  of  limitations  run- 
ning. 12  L.R.A, (N.S.)  1190;  22  L.R.A. 
(N.S.)  1110;  51  L.R.A.(N.S.)  151; 
L.R.A.1918F,  169. 

Place  and  requisites  of  tender  of  interest 
which  will  prevent  acceleration  of  ma- 
turity of  mortgage  under  interest 
clause.     36  L.R.A. (N.S.)    308, 

Acceleration  provision  as  affecting  negotia- 
bility of  notes  secured,  35  L,R.A,  (N,S,) 
390;    L.R.A.1915B,  473. 


Begin  with  this  hooTc  on  every  Imo  question. 


MORTGAGE,  VII.  b— cont'd 

Provision  in  bond  or  note  that  interest 
when  due  and  unpaid  shall  be  added  to 
the  principal,  as  affecting  right  to  fore- 
close mortgage  securing  the  same  for 
default  in  interest.  42  L.R.A. (N.S.) 
108. 

Right  of  mortgagor  or  owner  of  equity  of 
redemption  to  contest  validity  of  tax 
paid  by  mortgagee.     L.R.A. 1915D,  432. 

Differences  between  bond  or  note  and  mort- 
gage, affecting  maturity,  46  L,R,A. 
(N.S.)  475. 

c.  Who  may  enforce. 

§   66.  Generally. 

Who  is  real  party  in  interest  by  whom  fore- 
closure action  must  be  brought.  64 
L.R.A.  618. 

Effect  of  foreclosure  by  unauthorized  for- 
eign corporation.     24  L.R.A.  320. 

Right  of  assignee  of  mortgage  to  enforce  op- 
tion to  declare  entire  mortgage  due 
for  default  of  payments,  15  L.R.A.  (N. 
S.)    590. 

§   6  7,  Junior  encumbrancer. 

Suit  by  junior  encumbrancer,  1  L.R.A. 
334.* 

Right  of  holder  of  junior  mortgage  to  fore- 
close.   5  L.R.A.  291.* 

§   68,  Bondholders. 

Right  of  bondholder  to  sue  for  enforcement 
of  trust  deed.    20  L.R.A.  535. 

Foreclosure  suit  by  bondholders  in  both 
state  and  Federal  courts  sitting  in 
same  state.     42  L.R.A.  449. 

d.  Parties. 

§   69.  Generally. 

Effect  of  failure  to  make  one  a  party,  see; 
Parties,  §  34. 

Parties  to  proceedings  to  foreclose  mortgage 

for  part  of  debt.     37  L.R.A.  741. 
As  affected  by  prior  proceedings   in  which 

the  parties  were  different.     37  L.R.A. 

752. 
Foreclosure  as  against  persons  not  in  being. 

8  L.R.A. (N.S.)    70. 
Judgment   against   trustee   in   mortgage   as 

affecting    beneficiary    who    was    not    a 

party.     35  L.R.A.  (N.S.)    196. 
Effect  of   foreclosure  of  one  of  several  si- 
•    multaneous  mortgages  without  making 

other   mortgagees   parties   to   the   suit. 

39   L.R.A.  (N.S.)    524. 

§   70.  Junior  encumbrancers. 

Necessity  of  making  junior  encumbrancer  a 
party  to  a  suit  for  foreclosure  of  a 
senior  mortgage.  36  L.R.A. (N.S.) 
426. 

§   71.  Trustee. 

Trustee  as  necessary  parties  in  action  by 
bondholders.     20  L.R.A.  538;  16  L.R.A. 

(N.S,)    1017. 


INDEX  TO  L.R.A.  NOTES. 


947 


MORTGAGE,  VII.— cont'd 
§   72.  Bondholders. 

Bondholders  as  necessary  parties  in  suit 
by  trustees.     16  L.R.A.  (N.S.)   1008. 

e.  Defenses. 

%   73.  Generally. 

Effect  of  bar  of  other  remedy  to  bar  fore- 
closure suit,  see  Limitation  of  Ac- 
tions, §  14. 

When  statute  of  limitations  runs  on  action 
to  foreclose  mortgage,  see  Limitation 
OF  Actions,  §  28. 

When  action  to  foreclose  mortgage  is 
barred,  see  Limitation  of  Actions, 
§  50. 

Mortgage  contemporaneous  with  note  as  de- 
fense thereto.     43  L.R.A.  472. 

Right  to  open  default  in  foreclosure  pro- 
ceedings as  affected  bv  character  of 
defense.     L.R.A.1916F,   854. 

Existence  of  state  of  war  as  defense  to 
enforcement  of  mortgage  against  alien 
enemy.     5  B.  R.  C.  597. 

/.  Decree. 

%    74.  Generally. 

Decree  for  deficiency,  see  infra,  §  84. 

In  proceedings  to  enforce  mortgage  for  part 

of  debt.    37  L.R.A.  743. 
Judgment   against   trustee   in  mortgage   as 

affecting    beneficiary    who    was    not    a 

party.     35  L.R.A. (N.S.)    196. 
Right  of  third  person  to  have  judgment  of 

foreclosure  set  aside.     54  L.R.A.   763. 
Collateral    attack    for    fraud    not    affecting 

jurisdiction  on  judgment  of  foreclosure. 

36   L.R.A.  (N.S.)    985. 
Right  to     accept  favorable  part  of  decree 

and  appeal  from  the  rest.     29  L.R.A. 

(N.S.)     12. 
Eight  to  open  default  judgment  as  affected 

by  character  of  defense.    L.R.A.  1916F, 

854. 

g.  Power  of  sale;  strict  foreclosure. 

%   7  5.  Generally. 

Right  to  strict  foreclosure  of  a  mortgage. 

20    L.R.A.    370. 
Effect   of   foreclosure   by   taking  possession 

before  all  of  mortgage  debt  is  due.     3 

L.R.A.  (N.S.)     343. 
May   a  power   of   sale  be  implied  where   a 

mortgage   gives   no   express   power.      3 

B.  R.  C.  925. 

§    7  6.  Revocation  of  power  of  sale. 

Does  power  of  sale  in  a  mortgage  or  deed 
of  trust  confer  an  interest  which 
prevents  its  revocation  by  death 
of    mortgagor.      70    L.R.A.    135. 

§   7  7.  Sale  under  power. 

As   to  rights   of   purchasers   at  sale  under 

power,  see  infra,  §  80. 
Injunction  against,  see  Injunction,   §  44. 

Sale  imder  power  contained  in  mortgage  on 
property  of  alien  enemy.  L.R.A.1918B, 
198. 

Consult  also  L.R.A.  Digests  of  Cases. 


•  MORTGAGE,  VII.  g— cont'd 

Right  of  mortgagee  to  exercise  power  of 
sale  during  pendency  of  foreclosure,  or 
of  action  for  debt  secured.  2  B.  R.  C. 
841. 

Effect  of  bar  of  other  remedies  to  prevent 
a  sale  of  property  under  a  power  in  a 
trust  deed  or  mortgage.  13  L.R.A. 
(N.S.)   1210. 

Right  to  enjoin  sale  under  power  in  mort- 
gage against  which  the  statute  of  limi- 
tations has  run.     6  L.R.A.  (N.S.)    510. 

Reformation  of  mortgage  after  foreclosure 
under  power  of  sale.  39  L.R.A. (N.S.) 
93. 

Dower  in  land  sold  under  power  of  sale 
in  mortgage  given  for  purchase  money. 
52  L.R.A. (N.S.)    548,  550. 

Amount  of  property  to  be  sold  on  foreclos- 
ure under  power  of  sale.  L.R.A.1917B, 
526. 

h.  Sale, 
1.  In   general. 

§    7  8.  Generally. 

Under  power  in  mortgage,  see  supra,  §  77. 
Proceeds  of,  see  infra,  §  83. 
Injunction    against    sale,    see    Injunction, 
§§   43,   44. 

In  proceedings  to  enforce  mortgage  for  part 
of   debt.      37   L.R.A.    751. 

Effect  of  sale  under  mortgage  on  wife's 
right   of   dower.   18   L.R.A.   76. 

Enjoining  sale  under  trust  deed  pending 
bankruptcy.     2   L.R.A. i N.S.)    560. 

Right  of  mortgagor  to  engage  in  competing 
business  after  sale  of  business  and  good 
will  on  foreclosure.  19  L.R.A. (N.S.) 
765. 

Right  to  proceeds  ol  insurance  where  loss 
occurs  after  foreclosure  sale  but  during 
the  period  of  redemption.  6  L.R.A. 
(N.S.;   448. 

Necessity  for  change  of  possession  to  uphold 
sale  under  deed  of  trust  as  against 
creditors  of  former  owner.  36  L.R.A. 
(N.S.)    1021. 

What  fund  is  chargeable  with  costs  and 
expenses  of  sale  when  encumbered  prop- 
erty is  sold  in  bankruptcv  free  of  liens. 
29  L.R.A.(N.S.)    737. 

First  and  last  davs  in  computing  time  for 
sales  under.   '49  L.R.A.  235. 

Necessity  of  pleading  statute  of  frauds  in 
action  to  set  aside  sale  under  mortgage. 
49  L.R.A. (N.S.)    37. 

§   79.  En  masse  or  In  parcels. 

Effect  of  sale  en  masse  by  sheriff  directed 
to  sell  parcels  of  land,  separately  mort- 
gaged, separately.  15  L.R.A.  (N.S.) 
549. 

Amount  of  property  to  be  sold  under  mort- 
gage foreclosure.    L.R.A.1917B,  517.      | 

§   79a.  Right  to  rents  and  income. 

Right  to  rents  or  income  after  foreclosure 
decree  and  before  purchaser's  title  is 
perfected.     1   L.R.A.(N.S.)    1079.  ' 


948 


INDEX  TO  L.R.A.  NOTES. 


MORTGAGE,  VII.  h,  1— cont'd 

Power  of  equity,  in  jurisdiction  where  mort- 
gage does  not  convey  the  title,  to  im- 
pound rents  and  profits  of  mortgaged 
property  pending  foreclosure.  7  L.R.A. 
(N.S.)    1001. 


2.  Purchasers    and    their   rights,    title, 
liability,  etc. 

(a)   In  general. 

§   80.  Generally. 

Purchase  by  one  cotenant  under  foreclosure 
of  mortgage  given  by  one  through 
whom  the  cotenants  derived  title.  19 
L.R.A.(N.S.)    591. 

Right  of  purchaser  to  relief  in  equity 
against  collection  of  bond  and  mort- 
gage.     5   L.R.A.    46. 

Right  of  purchaser  at  mortgage  foreclosure 
sale  to  question  the  validity  of  the 
mortgage.     L.R.A.1917C,  839. 

Rights  of  purchaser  at  foreclosure  sale  with 
respect   to  fixtures.      7   L.R.A.  278. 

Right  of  one  purchasing  equity  of  redemp- 
tion to  cut  out  second  mortgage  by 
purchasing  under  foreclosure  of  first. 
8  L.R.A.  (N.S.)   491. 

Right  of  purchaser  at  foreclosure  sale  to 
recover  amount  paid  to  relieve  land 
from  tax  from  prior  owner  who  should 
have  paid  the  same.  22  L.R.A. (N.S.) 
562. 

Remedy  of  purchaser  at  sale  under  senior 
mortgage  to  which  a  junior  mortgagee 
was  not  made  a  party.  36  L.R.A. 
(X.S.)    437. 

Does  a  water  right  used  in  connection  with 
land  mortgaged  prior  to  its  acquire- 
ment pass  on  foreclosure.  15  L.R.A. 
(N.S.)    359. 

Rights  of  seller  of  chattel  retaining  title 
thereto  or  a  lien  thereon  as  against 
purchaser  on  foreclosure  of  an  existing 
mortgage  on  the  realty  to  which  the 
chattel  was  affixed  by  the  owner.  37 
L.R.A.(N.S.)    123. 

Liability  of  purchaser  at  mortgage  sale  of 
property  charged  with  the  payment 
of  legacy.     30  L.R.A. (N.S.)    820. 

Purchaser  under  foreclosure  of  junior  mort- 
gage as  necessary  party  to  suit  for 
foreclosure  of  senior  mortgage.  36 
L.R.A. (N.S.)    434. 

Subsequent  completion  of  title  acquired  at 
foreclosure  as  inuring  to  benefit  of 
grantee  in  quitclaim.  35  L.R.A. (N.S.) 
1190. 

Estoppel  as  against  purchaser  at  foreclosure 
sale  to  assert  title  or  interest  in  prop- 
erty by  concealing  the  same  or  repre- 
senting it  to  be  in  another.  48  L.R.A. 
(N.S.)    753,   760. 

Usury  in  mortgage  as  affecting  rights  of 
purchaser  under  foreclosure.  L.R.A. 
1915D,  349. 

Liability  to  purchaser,  of  mortgagee  who 
sells  under  a  power  in  the  mort- 
49  L.R.A. (N.S.)    513. 


Begin  with  this  hook  on  every  law  question. 


MORTGAGE,  VIL  h,  2  (a)— cont'd 
Right  of  mortgagor,  or  those  claiming  un- 
der liim,  to  set  up  outstanding  title  ac- 
qviired  after  foreclosure  as  against  pur- 
chaser. L.R.A.1918B,  769. 
Right  of  plaintiff  in  foreclosure  suit  in 
which  a  decree  of  sale  was  rendered  to 
assert,  as  against  a  purchaser  there- 
under, a  title  or  interest  not  litigated 
in  the  suit.     L.R.A.1917C,  888. 

§   81.  Mortgagee  as  purchaser. 

Under  void  sale,  see  infra,  §   82. 

Right  of  mortgagor,  or  those  claiming  un- 
der him,  to  set  up  outstanding  title  ac- 
quired after  foreclosure,  against  mort- 
gagee purchasing  at  foreclosure  sale. 
L.R.A.1918B,  769. 

Right  of  mortgagee  who  purchases  on  fore- 
closure to  purchase  at  a  tax  sale  for 
taxes  accruing  prior  to  foreclosure. 
L.R.A.1917D,  523. 

(b)    Under  void  sale. 

§   82.  Generally. 

Right   of   one   in    possession   under   invalid 

foreclosure  sale  to  acquire  a  tax  title. 

38  L.R.A. (N.S.)   333. 

Right  of  one   in  possession  claiming  under 

void    foreclosure    sale.      40    L.R.A. 

(N.S.)    839. 

i.  Surplus;  proceeds  of  sale. 

§   83.  Generally. 

Application  of  proceeds,  see  Payment,  §  21. 

Does  homestead  exemption  attach  to  the 
surplus  vipon  foreclosure  of  a  lien  para- 
mount to  the  homestead  right.  18 
L.R.A. (N.S.)   491. 

Is  surplus  realized  upon  foreclosure  sale  of 
real  estate  after  mortgagor's  death  to 
be  deemed  real  or  personal  property. 
19  L.R.A.(N.S.)    723. 

Right  of  junior  mortgagee  as  to  surplus 
upon  a  foreclosure  sale  under  a  senior 
mortgage,  in  a  proceeding  to  which  he 
was  not  a  party.     20  L.R.A. (N.S.)    47. 

Effect  of  application  of  proceeds  of  sale 
under  deed  9f  trust  or  mortgage  upon 
running  of  limitations  against  the  in- 
debtedness secured.  14  L.R.A. (N.S.) 
479. 

Right  of  mortgagor  or  owner  of  equity  of 
redemption  to  maintain  action  for  mon- 
ey had  and  received  for  surplus  re- 
ceived by  mortgagee  on  sale  of  proj^erty. 
44  L.R.A. (N.S.)    1041. 

Right  of  holders  of  concurrent  mortgages  or 
debentures  ranking  pari  passu  to  have 
interest  equalized  before  distributing 
proceeds  of  security.     7  B.  R.  C.  91. 

j.  Deficiency. 

§   84.  Generally. 

In  proceedings  to  enforce  mortgage  for  part 

of  debt.     37  L.R.A.  748. 
Deficiency    judgment    against    nonresident 

served  constructively.     50  L.R.A.   583. 


INDEX  TO  L.R.A.  NOTES. 


949 


MORTGAGE,  VII.  j— cont'd 

Right  of  mortgagee  who  secures  a  deficiency 

decree    to    redeem    from    the    sale.  35 

L.R.A.(N.S.)    413. 
Effect  of  statutory  provision  abolishing  de- 

licicncv  judgments  for  mortgage  debts. 

45   L.R.A.(N.S.)    247. 

VIII.  Redemption, 

§   85.  Generally. 

Liability  of  purchaser  of  equity  of  redemp- 
tion, see  supra,  §  43. 

Improvements  on  redemption,  see  Improve- 
MEXTS,   §   15. 

From  tax  sale,  see  Taxes,  §§  82-85. 

Compensation  for  right  of  redemption  where 
property  is  taken  in  condemnation  pro- 
.ceeding.s.     UR.A.1917F,  801. 

Validity  and  character  of  agreements  con- 
temporaneous with  mortgage,  constitut- 
ing clogs  on  equity  of  redemption.  6 
B.  R.  C.  431. 

In  proceedings  to  enforce  mortgage  for  part 
of  debt.     37  L.R.A.  752,  756. 

Impairment  of  obligation  of  contract  by 
cliange  of  law  as  to.     31  L.R.A.  721. 

Jurisdiction  of  suit  to  redeem  land  in  an- 
other state  or  country.     69  L.R.A.  685. 

Right  of  one  who  advances  money  to  redeem 
from  mortgage,  to-  be  subrogated  to 
lien.  23  L.R.A.  (N.S.)    190. 

Right  of  owner  of  equity  of  redemption  to 
maintain  action  for  money  had  and  re- 
ceived for  surplus  received  by  mortgagee 
on  sale  of  property.  44  L.R.A. (N.S.) 
1041. 

Right  of  owner  of  equity  of  redemption  to 
contest  validitv  of  tax  paid  by  mort- 
gagee.    L.R.A.i915D,  432. 

Revival  of  discharged  mortgage  in  favor  of 
assignee  of  equity  of  redemption  who 
pays  it  as  against  junior  lien.  47 
L.R.A.  (N.S.)    1190. 

Inchoate  dower  rights  of  wife  of  mortgage 
in  equity  of  redemption  under  purchase 
money  mortgage.     52  L.R.A. (N.S.)   547. 

Usury  in  mortgage  as  affecting  rights  of 
redemptioners  under  foreclosure. 
L.R.A.1915D,  349. 

§    86.  Right  of. 

In  proccc'dings  to  enforce  mortgage  for  part 
of  debt.     37  L.R.A.  752. 

Effect  of  reformation  of  mortgage  after 
foreclosure  on  right  to  redeem.  39 
L.R.A.  (N.S.)    94. 

Right  to  redeem  as  affected  by  deed  deliv- 
ered in  escrow  as  further  security  for 
debt.  2  L.R.A.(N.S.)  628;  L.R.A. 
1915B,  492. 

Parol  evidence  that  grantor  in  written  con- 
veyance absolute  in  form  but  intended 
as  a  mortgage  lias  relinquished  his 
right  of  redemption  to  the  grantee. 
L.R.A.1916B,  581. 

§  87.  Who  may  redeem. 

Right   of  junior   encumbrancer  to   redeem. 

9  L.R.A.   677.* 
Consttit  also  L.R.A.  Dtyests  of  Cases. 


:M0RTGAGE,  VIII.— cont'd 

§   88.  — mortgagor's  wife  or  widow. 

Right  of  wife  during  husband's  lifetime  to 
redeem  from  mortgage  on  his  real  prop- 
erty.    3   L.R.A.  (N.S.)    1068. 

Widow's  right  to  redeem  from  mortgage  be- 
cause of  her  dower  interest.  4  L.R.A. 
(N.S.)    1039. 

§   89.  — mortgagee  or  purchaser. 

May  a  purchaser  or  mortgagee  from  the 
original  owner,  after  a  sale  under  a 
prior  mortgage  and  during  the  redemp- 
tion period,  be  a  redemptioner.  29 
L.R.A.  (N.S.)     508. 

Right  of  moi'tgagee  who  secures  a  deficien- 
cy degree  to  redeem  from  the  sale  35 
L.R.A. (N.S.)    413. 

§    90.  Time. 

Extension  of  time  for,  when  last  day  falls 
on  Sunday.     14  L.R.A.  122. 

Power  of  court  on  equitable  grounds  to  per- 
mit redemption  from  mortgage  fore- 
closure sale  after  expiration  of  statu- 
tory period  of  exemption.  L.R.A.1917E, 
637. 


MORTGAGEE   IX   POSSESSION. 

See  MoBTGAGE,  §  31. 


MORTMAIN  ACT. 


Law  governing  validity  of  legacy  under.  2 
L.R.A. (N.S.)    440. 


MORTUARY  TABLES. 

See   MoBTALiTY   Tables. 
♦•» 


MOTHER. 

Father's  right  to  appoint  guardian  for  child 
as  against  mother,  see  Guardian  and 
Ward,  §   3. 

See  also  Parent  and  Child. 

Inheritance  by  illegitimate  from.  23  L.R.A. 
754. 

Father  as  sole  next  of  kin  to  unmarried 
child  to  exclusion  of  mother.  1  B.  R.  C. 
566. 

Mother's  right  to  appointment  as  guardian 
of  minor  child.     33  L.R.A.  (N.S.)    870. 

Right  to  recover  for  injury  to  minor  serv- 
ant employed  without  mother's  consent. 
30  L.R.A.  (N.S.)   314. 


Insurable 
232. 


MOTHER-IN-LiAW. 

interest    in   life    of.     54    L.R.A. 


950 


INDEX  TO  L.R.A.  NOTES. 


MOTHER-IN-LAW— cont'd 

As  member  of  family  of  insured.  3  L.R.A. 
(N.S.)     336. 

Implied  agreement  to  pay  for  services  ren- 
dered to.    11  L.R.A.(N.S.)   886. 


MOTION  PICTURES. 


See  Moving  Pictures. 


MOTIONS  AND   ORDERS. 

§   1.  Generally. 

Motion  in  arrest  of  judgment,  see  Judg- 
ment, §   19. 

Motion  in  arrest  in  criminal  prosecution, 
see  Criminal  Law,  §  58. 

First  and  last  days  in  computing  time  on. 

49  L.R.A.  222. 
Injunction  against  judgment  for  error  and 

irregularity  in  rulings  on.     30  L.R.A. 

703. 
Set-off    on    motion    against    judgment    in 

hands  of  assignee.     23  L.R.A.  339. 
Pendciicv   of   motion   as   extending'  time 

plead.     47   L.R.A.  (N.S.)    853. 


to 


§   2.  When  proper  remedy. 

Questioning     validity     of     attachment     by 

motion  in  court  of  law.    35  L.R.A.  771. 
Remedy  by  motion   to   obtain  discharge   of 

accused  for  delay  of  prosecution.     56 

L.R.A.   544. 
Correction  of  record  on  appeal  by  motion. 

31  L.R.A. (N.S.)    211. 

§   3.  Orders. 

What  entry  or  record  is  necessary  to  com- 
plete order.     28  L.R.A.  621. 

Effect  of  omission  of  internal  revenue  stamp 
from  order.     48  L.R.A.  313. 

Character  and  kinds  of  orders  within  rule 
that  orders  cannot  be  collaterally 
attacked  for  fraud.  36  L.R.A. (N.S.) 
980. 

Right  to  appeal  from  void  order.  33  L.R.A. 
(N.S.)    733. 

Right  to  accept  favorable  part  of  order  and 
appeal  from  remainder.  29  L.R.A. 
(N.S.)    1. 

Order  of  court  requiring  the  doing  or  omis- 
sion of  an  act  as  defense,  to  a  criminal 
prosecution.      L.R.A.1916B,    767. 

Liability  of  trustee  for  losses  on  invest- 
ments made  under  order  of  court.  44 
L.R.A.(N.S.)   940. 

Effect  of  failure  to  obtain  order  of  court  on 
liability  of  trustee  for  losses  on  invest- 
ments.    44  L.R.A. (N.S.)   943. 

§  4.  —  disobedience  of. 

Disobedience  of,  as  a  contempt,  see  Con- 
tempt, §§8,  8a. 


MOTIONS  IN  ARREST. 

In     criminal     prosecution,     see     Criminal. 

Law,  §  58. 
In  civil  action,  see  Judgment,  §  19. 


MOTIVE. 

§    1.  Generally. 

Presumption    and    burden    of    proof    as    to, 

see  Evidence,  §  45. 
Relevancy  of  evidence  as  to,  see  Evidence, 

§  258. 
Purpose,  see  Purpose. 
Question  for  jury  as  to,  see  Trial,  §  34. 
See  also  Malice. 

For  obscene  or  indecent  publication.  24 
L.R.A.   111. 

Of  teacher  in  punishing  pupil.  65  L.R.A. 
894;  1  B.  R.  C.  723. 

Of  prosecutor  in  obtaining  advice  of  coun- 
sel.    18  L.R.A.  (N.S.)    62. 

Necessity  for  bad  or  fraudulent  motive  ta 
justify  disbarment  of  an  attorney.  IS 
L.R.A.  401. 

"Children"  as  word  of  limitation,  when  in-^ 
dicative  of  motive.  12  L.R.A. (N.S.) 
310. 

Provision   in   conveyance  or  devise  to  reli- 
gious or  charitable  organization  direct- 
ing particular  purposes  of  grant  as  in- 
dicating   motive    of    same.      7    L.R.A. 
-  (N.S.)   1122. 

Basis  of  distinction  between  absolute  and 
qualified  rights  as  affecting  right  tO' 
inquire  into  motive.  29  L.R.A. (N.S.) 
869. 

Good  motive  as  affecting  criminal  charge 
involving  obscene,  indecent  or  profane 
language  or  literature.  L.R.A.1916B, 
1121. 

Power  of  court  to  Inquire  into  the  motive* 
of  the  governor  in  exercising  the  par- 
doning power.    52  L.R.A.  (N.S.)  113. 

§  2.  Effect  of. 

Effect  of  bad  motive  to  make  actionable 
what  would  not  otherwise  be  so,  see 
Malice,  §  4. 

Assault  as  affected  by  beneficent  purpose 
45   L.R.A. (N.S.)    455. 

Beneficent  purpose  as  excuse  or  justification 
of  combination  to  raise  price  of  com- 
modity.    51  L.R.A. (N.S.)   244. 

As  affecting  personal  liability  of  judicial 
oflScer.     14  L.R.A.  145. 

As  affecting  right  to  recover  statutory  pen- 
alty from  carrier.  12  L.R.A. (N.S.) 
497. 

As  affecting  justification  in  libel  or  slan- 
der.    21   L.R.A.  503. 

Stockholder's  right  to  inspect  corporate 
books  as  affected  by.  20  L.R.A. (N.S.) 
186. 

Fact  that  servant's  motive  for  continuing 


Power  to  punish  disobedience  to  orders  in  work  was  fear  of  dismissal  as  affecting 

case  by  striking  out  pleadings.  4  L.R.A.  i  right  to  recover  for  injury.     47  L.R.A. 

"(N.S.)    1185;   27  L.R.A.  (N.S.)    1062.  187. 

Begin  xvith  tJiis  book  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


961 


MOTIVE— cont'd 

Effect  of,  on  right  to  injunctive  relief  to 
compel  or  prevent  the  erection,  main- 
tenance, or  removal  of  boundary  fence. 
7   L.R.A.(N.S.)    58. 

Effect  of  personal  motive  on  master's  lia- 
bility for  injury  done  by  servant  to 
third  person  in  use  of  dangerous  agency 
placed  in  his  custody.  10  L.R.A.  (N.S.) 
401. 

Liability  of  labor  union  or  its  members  to 
persons  with  whose  employment  it  has 
interfered  as  affected  by  motive.  1 
B.  R.  C.  515. 

Lawfulness  of  boycott  by  other  than  labor 
union  where  motive  is  malicious.  33 
L.R.A.  (N.S.)    1038. 

Right  of  court  to  decline  jurisdiction  of  suit 
because  of  plaintiff's  motive  or  ulterior 
purpose.    6  B.  R.  C.  338. 


MOTIVE  POWER. 


Of  railroad  train,  see  Railboads,  §  5. 
Of    street    railway,    see  Street  Railways, 
§7. 


MOTOR  CYCLE. 


As  to  automobiles,  see  Automobiles. 
As  to  bicycles,  see  Bicycles. 

Regulations  affecting  motor  cycles.  42 
L.R.A.(N.S.)  1068. 

Motor  cycles  as  a  motor  vehicle  within  stat- 
utes regulating  tlie  latter  and  other 
similar  vehicles.     21  L.R.A. (N.S.)    41. 

Admissibility,  in  prosecution  for  driving  at 
dangerous  speed,  of  evidence  of  traffic 
reasonably  to  be  expected  upon  high- 
way.   2  B.  R.  C.  201. 

Responsibility  of  owner  of  motor  cycle  for 
its  negligent  operation  by  another. 
L.R.A.1918C,  656. 


MOTORMAN. 


In  general,  see  Stoeet  Railways,  IV.  b. 
As  fellow  servants.     52  L.R.A. (N.S.)   1094. 


MOTOR  VEHICLES. 

See  Automobiles;  Motor  Cycle. 

Private  action  for  violation  of  statute  regu- 
lating use  of.     L.R.A.1915E,  540. 


MOURNING  APPAREL. 

Allowance  against  deceased's  estate  for.    33 
L.R.A.  665;  28  L.R.A. (N.S.)    572. 


MOUNTAINS. 


MOUTH. 

Commission  of  sodomv  by  penetration  of. 
27  L.R.A.(N.S.)  4'78;  45  L.R.A.(N.S.) 
473. 


MOVABLE  PROPERTY. 

Location  of,  as  affecting  insurance  on.    26 
L.R.A.  237. 


MOVING  BUILDINGS. 

See  Buildings,  §  13. 

♦-•-♦ 


MOVING  PICTURE  FILMS. 

In  general,  see  Moving  Pictures. 

Keeping   of,   on    insured   premises.     L.R.A. 
1917C,  278. 


MOVING   PICTURES. 

License     of     moving     picture     shows,     see 
License,  §  34a. 

Right  to  copyright  motion  picture  film,  and 
liability  for  infringement  of  such  copy- 
right. 6  B.  R.  C.  734. 
Use  of  school  property  for  purpose  of  mov- 
ing picture  shows.  50  L.R.A. (N.S.) 
1182. 
Right    to    exhibit   on    Sunday.    ♦  30    L.R.A. 

(N.S.)   465;  L.R.A.1918B,  361. 
As    proper    subject    for    exercise    of    police 

power.    L.R.A.1917E,  318. 
Regulation    affecting    moving    pictures.     40 
L.R.A.  (N.S.)   193. 
License.     40  L.R.A. (N.S.)    193. 
Place  of  exhibition.     40  L.R.A.(N.S.) 

194;  L.R.A.1916D,  99. 
Character     of     pictures.       40     L.R.A. 
(N.S.)   194. 
.      Censorship  of  films.     40  L.R.A. (N.S.) 
194;     L.R.A.1916C,     227;     L.R.A. 
1918A,  231. 
Revocation  of  license.    40  L.R.A.  (N.S.) 
194. 
Covenants     with     respect     to     "theater,"^ 
"drama,"  etc.,  as  including  motion  pic- 
tures.   L.R.A.1918F,  393. 


MOVING  TRAIN. 


Organization  of  mountain  lands  into  munic-    Negligence    in    getting  on  or  off,  see  Cab- 

ipal  corporation.    L.R.A.1918B,  1091.  EIEBS,  §§  81,  82. 

Consult  €ilso  L.R.A.  Digests  of  Cases.  * 


952 


INDEX  TO  L.R.A.  NOTES. 


MOVING  VAN. 

Liability  of  master  for  injury  to  person  rid- 
ing with  servant  by  latter's  invitation 
or  permission.     L.R.A.1917F,  425. 


■♦•» 


MUD. 

As  defect  in  dock  or  wharf.    61  L.R.A.  948. 


MULATTO. 


Who  is,  within  statute  not  specifically  de- 
fining the  same.  31  L.R.A.  (N.S.)  180; 
L.R.A.1915A,  828. 

Stating  that  a  white  person  is  a  mulatto  as 
actionable.     36   L.R.A. (N.S.)    974. 


MULE. 

Servant's  assumption  of  risk  or  contribu- 
tory negligence  in  using  unsafe  mule. 
18  L.R.A.  (N.S.)   695. 


MULTIFARIOUSNESS. 


See  Action  or  Suit,  VI. 


MULTIPLE 


RESIDENCE 
TURES. 


STRUC- 


As 


violation    of 
L.R.A.(N.S.) 


restrictive   covenants.      45 
726;   L.R.A.1918C,  873. 


MULTIPLICITY  OF  ACTIONS. 

As    ground    for    equitable    jurisdiction,    see 
Equity,  §  4;  Injunction,  §  4. 

For  causing  death.     34  L.R.A.  796. 


MUNICIPAL  BONDS. 

See  Bonds,  III. 


MUNICIPAL  CORPORATIONS. 

I.  In  general,   §§   l-2a. 
II.  Legislative  control  over,  §§  3-5. 

III.  Organization;     charter;     form     of 

government ;  initiative  and  ref- 
erendum, §§  6-9. 

IV.  Territory ;  houndaries;  annexation; 

division,  §§  10-13. 


MUNICIPAL  CORPORATIONS— cont'd 
V.  Powers,   duties,  and  liabilities,    g^ 
14-111. 

a.  Powers  generally,  §§  14-17. 

b.  Delegation  of  power,  §   IS. 

c.  Legislative    functions;    ordi- 

nances;     by-laws,      §§ 
19-52. 

1.  In  general,  §  19. 

2.  Council     meetings;     en- 

actment and  repeal   of 
ordinances,  §§  20-22. 

3.  Construction    and    effect 

of    ordinances   general- 
ly, §  23. 

4.  Validity    of    o-dinancesf 

extent    of   power, 
§§  24-50. 

(a)  In  general,  §§  24- 

26. 

(b)  As  to  streets,   wa- 

ters,   drains,    and 
sewers,  §§  27-29. 

(c)  As  to  public  serv- 

ice, §§   30-32. 

(d)  As    to    health    and 

safety,  §  33. 

(e)  As     to     nuisances, 

§§   34-41. 

(f)  Regulation  of 

business,    §§    42- 
50. 

5.  Violation    and    enforce- 

ment   of    ordinance,    § 
51. 

6.  By-laws,   §  52. 

d.  Contracts  generally,    §§   53- 

60. 

1.  In  general,  §§  53-57. 

2.  Implied     contracts,      §§ 

5S-60. 

e.  Borroiring ;         indebtedness; 

expenditures,      §§     61- 
67. 

1.  In  general,  §§  61-64. 

2.  Limitation    of   indebted- 

ness,   §§    65-67. 

f.  Property    rigJits;    municipal 

2)lants,  §§  68-71. 

g.  Liability     for    damages,     §§ 

72-101. 

1.  In  general,  §§  72-80. 

2.  For    acts    of    officers    or 

agents,   §§   81-84. 

3.  For  acts  of  licensees  or 

independent      contract- 
ors, §  85. 

4.  As  to  drains,  sewers,  and 

tcaters     generally,      §§ 
86-94. 

5.  As    to    streets,    bridges, 

and  parks,  §§  95-97. 

6.  As  to  buildings;  prison, 

§§   98,   99. 

7.  Failure  to  enforce  ordi- 

nance,  §   100. 

8.  Enforcement      of       void 

ordinance,    §    101. 
gg.  Criminal  liability,  §  101a. 


Begin  with  this  book  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


953 


MUNICIPAL  CORPORATIONS,  V.— cont'd 
h.  Claims   agaittst   or   in   favor 
of,    §§    102-lOS. 

1.  Claims  against,  §§  102- 

107. 

2.  Claims    in    favor   .of,     § 

lOS. 
i.  Taxation,  §§   109-111. 
VI.  Officers    and    employees,    §§    112- 
122. 

I.  In   general. 

§    1.  Generally. 

As  to  chamber  of  commerce,  see  Chamber  of 
Commerce. 

Conditions  to  consent  bv,  see  Conditions, 
§  4. 

Constitutionality  of  statutes  as  to,  see 
Constitutional  Law,  §§  124,  125. 

Estoppel  of,  see  Estoppel,  I. 

Running  of  limitations  against,  see  Limi- 
tation of  Actions,  §  17. 

Necessary  parties  in  action  against,  see 
Parties,   §  32. 

Local  improvement  by,  see  Public  Improve- 
jients. 

Public  funds  of,  see  Public  Money. 

What  constitutes  a  village.     35  L.R.A.  396. 

What  objects  or  purposes  may  be  combined 
in  a  single  question  submitted  to  voters 
of  a  municipality.  26  L.R.A.  (N.S.) 
665. 

Right  of  subcontractor,  materialman,  or 
laborer  to  maintain  action  on  contrac- 
tor's bond  running  to.  27  L.R.A. (N.S.) 
581. 

Duty  of  carrier  to  accept  freight  originat- 
ing and  terminating  within  city  limits. 
33  L.R.A. (N.S.)   443. 

Violation  by  private  citizen  of  decree 
against  a  municipality  as  contempt. 
25  L.R.A. (N.S.)   226. 

Use  of  public  funds  to  pay  expenses  in- 
curred by  citizen  for  benefit  of  munici- 
pality.    L.R.A.1916D,  94. 

Giving  of  free  service  or  reduced  rates  by 
public  service  corporation  to  municipal- 
ity as  an  imlawful  discrimination. 
L.'R.A.1918D,  907. 

§  2.  Right  of  taxpayer  to  inspect  book 
of   municipality. 

Generally,     64  L.R.A.  418. 

What  is  a  sufficient  interest.   64  L.R.A.  418. 

Necessity  of  a  sufficient  purpose.    64  L.R.A. 

'419. 
The  right  under  statutes.     64  L.R.A.  424. 
Effect  of   statutory    authority    to    inspect, 

vested  in  designated  board.     64  L.R.A. 

425.  ' 

Regulations  as  to  manner  of  inspection.     64 

L.R.A.  426. 

§   2a.  Actions  by,   or  against. 

Injunction  against,  see  Injunction,  II.  1, 
Injunction    by    municipality    against    nui- 
sance, see  Injunction,  §  29. 

Taxpayer  as  real  party  in  interest  by 
whom  rction  must  be  brought.  64 
L.R.A.  619. 

Consult  also  L.R.A.  Digests  of  Cases, 


MUNICIPAL  CORPORATIONS,  I.— cont'd 

Private  action  against  municipality,  for 
violation  of  statute  not  expressly  con- 
ferring right  of  action.  9  L.R.A.  (N.S.) 
383. 

State  as  proper  party  to  maintain  a  bill  to 
abate  or  enjoin  a  public  nuisance  in  a 
city  street.     19  L.R.A. (N.S.)    1173. 

Venue  of  action  against  municipal  corpora- 
tion. 25  L.R.A.  (N.S.)  711;  L.R.A. 
1915F,  1029. 

Applicability  of  statute  of  limitations  to 
actions  by.     L.R.A.1916E,   97. 

Liability  of  municipal  corporation  to  suit 
outside  of  state  in  which  it  is  situated. 
L,R.A.1915F,   1025. 

II.  Legislative  control  over. 

§    3.  Generally. 

Authority  of  legislature  to  remove  from 
trusteeship.  13  L.R.A.  217;*  16  L.R.A. 
695. 

Power  to  annex  territory  to  municipality. 
27   L.R.A.   737. 

Power  of  legislature  to  require  municipal- 
ity to  pension  employees.  34  L.R.A. 
(N.S.)    608. 

Power  of  legislature  to  compel  payment 
by  municipal  corporations  of  nonlegal 
demands.     L.R.A. 1915D,  927. 

Statute  requiring  municipality  to  pay  claim 
against  it  as  an  invasion  of  powers  of 
judiciary.     L.R.A.1917E,  827. 

Validity  of  limitation  of  hours  of  labor  on 
public  work.  8  L.R.A.  (N.S.)  131;  24 
L.R.A.(N.S.)  201;  34  L.R.A.  (N.S.) 
767. 

Power  of  legislature  to  authorize  munici- 
pality to  build,  purchase,  or  operate 
railroad  or  street  railway  as  affected 
by  restrictions  on  power  to  aid  private 
enterprises.     28  L.R.A. (N.S.)    412. 

Power  of  legislature  to  compel  municipality 
to  establish  water  or  lighting  plant,  or 
to  purchase  existing  plant.  44  L.R.A. 
(N.S.)   1189. 

§   4.  Classification  of  cities. 

See  Statutes. 

§   5.  Local  self-government. 

See  Constitutional  Law,  §  20a. 

III.  Organisation;  charter;  form  of 
government;  initiative  and  referen- 
dum. 

§   6.  Organization. 

Creation  or  incorporation  of  town,  see 
Towns,  §  2. 

Character  of  territory  which  may  be  organ- 
ized into  municipal  corporation.  L.R.A. 
1918B,  1086. 

Physical  characteristics  necessary  to  mu- 
nicipal organization.     25  L.R.A.  755. 

Who  may  maintain  quo  warranto  to  test 
validity  of  organization  of  municipal 
corporation  or  political  subdivision  of 
state.    21  L.R.A.(N.S.)  685. 


954 


INDEX  TO  L.R.A.  NOTES. 


AfUNICIPAL  CORPORATIONS,  III.— cont'd 

§    7.  Charter. 

Fower  of  legislature  to  delegate  to  a  mu- 
nicipality authority  to  form  or  amend 
its  charter.     43  L.R.A.(N.S.)    339. 

Combining  in  single  question  to  voters  of 
municipality  question  of  charter  amend- 
ments.    26   L.RJ^.{X.S.)    673. 

Estoppel  of  state  because  of  •  laches  to  at- 
tack municipal  charter.  13  L.R.A. 
(N.S.)    533. 

§   8.  Commission  form  of  government. 

Constitutionality  of.  35  L.R.A. (N.S.)  802; 
41  L.R.A.(N.S.)  Ill;  51  L.R.A.(N.S.) 
632;  L.R.A.1917A,  1260. 

§  9.  Initiative  and  referendum. 

Initiatiye  and  referendum.  11  L.R.A. (N.S.) 
1092;  33  L.R.A. (N.S.)  969;  50  L.R.A. 
(N.S.)   196;  L.R.A.1917B,  15. 


IV.  Territory ;  'boundaries;  annexation; 
division. 


§10.  Boundaries. 

Boundary  of,  on  navigable  waters.  23 
L.R.A.  520;  47  L.R.A. (N.S.)   1161. 

Boundary  of,  on  tidal  waters.  45  L.R.A. 
243. 

Rule  for  determining' the  indebtedness  with- 
in the  meaning  of  debt  limit  provisions, 
where  boundaries  of  different  political 
units  are  wholly  or  partly  coincident. 
37  L.R.A.(N.S.)  1108;  L.R.A.1917E, 
468. 


§    11.  Annexation;   extension. 

Constitutionality    of    statutes    as    to,    see 

CONSTITUTIONAI.  LaW,  §   124. 

Annexation  or  division  of  territory  of  town, 
see  Towx,  §  3. 

Power  of  municipality  to  use  public  funds 
to  promote  or  defeat  legislation  as  to. 
L.R.A.1917B,  358. 

Power  of  legislature  to  annex  territory  to 
municipalities.     27  L.R.A.  737. 

Incorporation  of  territory  into  municipality 
as  affecting  existing  contract  of  pub- 
lic service  corporation  to  supply  a  com- 
modity of  service  in  that  territory. 
L.R.A.1916A,  1071. 

Incorporation  of  territory  into  municipality 
as  affecting  prior  rights  as  to  use 
of  highway.     47  L.R.A. (N.S.)   607. 

Extension  of  city  limits  to  include  toll  road 
as  taking  of  property  for  which  com- 
pensation must  be  made.  17  L.R.A. 
(X.S.)    1071. 

Liability  of  annexed  territory  to  pay  pro- 
portionate share  of  existing  debts.  27 
L.R.A.(N.S.)    1147. 

"Municipal  liability  for  defects  or  obstruc- 
tions in  streets  in  annexed  territory. 
20  L.R.A. (N.S.)   575. 

^lunicipal  taxation  of  rural  land  within 
corporate  limits.     34  L.R.A.  193. 


Begin  tiHth  this  booTc  on  every  laxv  question. 


MUNICIPAL  CORPORATIONS,  IV.— cont'd 
§12.  — discrimination  in. 

Discrimination  between  residents  or  proper- 
ty owners  in  territory  annexed,  as  to 
right  to  defend  against  annexation  of 
territory  to  municipality.  17  L.R.A. 
(N.S.)    421. 

Who  may  raise  objection  that  statute  an- 
nexing land  to  cities  contains  unconsti- 
tutional discrimination.  32  L.R.A. 
(N.S.)    957. 

§13.  Division. 

Division  of  territory  of  town,  see  Towns, 
§  3. 

Power  of  municipality  to  use  public  funds 
to  promote  or  defeat  legislation  as  to. 
L.R.A.1917B,  358. 
Division  of  territory  of  municipality,  town, 
or  county   as  affecting    its    assets 
and  liabilities,  in  absence  of  stat- 
ute on  the  point.     39  L.R.A. (N.S.) 
285. 


F.  Powers,    duties,    and   liabilities. 

a.  Powers  generally. 

§    14.  Generally. 

Power  to  exempt  property  from  taxation, 
see  infra,  §  110. 

Power  to  regulate  carriers,  see  Carriers,  V. 

Power  of  eminent  domain,  see  Eminent 
Domain. 

Power  to  compel  change  of  grade  of  rail- 
way in  street,  see  Highways,  §  31. 

Injunction  by  municipality,  see  Injunc- 
tion, §  29. 

Power  to  make  lease,  see  Landlord  and 
Tenant,  §  11. 

For  what  purpose  public  money  may  be 
used  by,  see  Public  Money,  *§  4. 

Of  town,  see  Towns,  §§  4,  5. 

Federal  courts  following  state  decisions,  as 

to  powers.     40  L.R.A, (N.S.)    442. 
Estoppel  as  to  assertion    of    governmental 

power.     16  L.R.A.   178. 
Right  to  fish.    60  L.R.A.  514. 
Right    to    build    and   regulate   wharf.     40 

L.R.A.  645. 
Rights    of,    as    to    wharfage    charges.      70 

L.R.A.  205. 
Right  of   municipality   to   collect  tolls   for 

use  of  bridge   or   highway.     42  L.R.A. 

(N.S.)    836. 
Power   to   employ   attorney.     L.R.A.1917D, 
240. 

On  contingent  fee.     L.R.A.1917D,  263. 

Right,  when  entitled  to  services  of  of- 
ficial attorney,  to  employ  other  at- 
torney   in    civil    matters.      L.R.A. 
1917D,  251. 
Power    to    employ    private    detectives.      32 

L.R.A.(N.S.)'^391. 
Power  to  remove  officer  in  absence  of  statu- 
tory  authority.     9   L.R.A. (N.S.)    572; 

39"^L.R.A.(N.S.)    519. 
Right  of,  to  recover  back  money  paid  out 

in   violation    of    the    Constitution.      13 

L.R.A.  (N.S.)    157. 


INDEX  TO  L.R.A.  NOTES. 


955 


MUNICIPAL  CORPORATIONS,  V.  a— 
cont'd 

Power  to  control  private  charity.  L.R.A. 
1916D,   912. 

Power  of  municipality  to  make  binding 
contract  as  to  rates  of  public  service 
corporation.      L.R.A.19150,   264. 

Power  of  nuinicipulity  to  assume  part  or 
all  of  burden  of  adapting  street  or 
bridges  for  use  of  railroads  or  street 
railways,     50   L.R.A.  (N.S.)    143. 

Police  power  of  municipal  corporation  over 
school  building  witliin  its  limits.  47 
L.R.A. (N.S.)   892. 

§    15.  Power  to  administer  trust. 

As  trustee  for  charitable  bequest.  14 
L.R.A.  69;   14  L.R.A. (N.S.)    112. 

Validity  of  bequest  to.  37  L.R.A.  (N.S.) 
1009. 

§  16.  Power  to  engage  in  private  en- 
terprise. 

Kight  ot  municipal  corporation  to  engage  in 
enterprise  generally  regaided  as  of  a 
private  character.  31  L.R.A.  (N.S.) 
117;  51  L.R.A. (N.S.)   1143. 

§   17.  Power  to  discriminate. 

Monopoly  or  discrimination  in  contract,  see 
infra,  §  54. 

Discrimination  by  municipality  between  its 
own  residents,  and  other  residents  of 
the  same  state.    16  L.R.A.  49. 

Power  of  municipality  to  establish  ex- 
clusive hack  stands.  33  L.R.A. (N.S.) 
471. 

Effect  of  discrimination  by  municipality  in 
designating  standing  places  for  cabs 
and  other  similar  vehicles.  L.R.A. 
1915F,  726. 

Power  of  municipality  operating  a  public 
utility  to  make  a  special  rate  to  a  par- 
ticular company  or  person.  L.R.A. 
1916D,  996. 

b.  Delegation  of  power. 

%   18.  Generally. 

To  municipality,  see  Constitutional  Law, 

§  15. 

Delegation  of  municipal  power  as  to  license, 
franchise,  and  buildings.  20 
L.R.A.  721. 

Delegation  by  city  council  of  power  as  to 
drainage.     61  L.R.A.  653. 

Delegation  by  city  council  of  power  to  de- 
termine width,  grade,  material,  etc., 
of  street,  sidewalk,  or  sewer  improve- 
ments. "20  L.R.A.  653. 

Eight  to  delegate  power  to  impose  license 
fee  for  use  of  streets  by  vehicles.  36 
L.R.A.  416. 

c  Legislative  functions;  ordinances; 
by-laws. 

1.  In  general. 

8   19.  Generally. 

Delegation  of  power  bv  council,  see  supra, 

§  18. 
Consult  also  L.R.A.  Digests  of  Cases. 


MUNICIPAL  CORPORATIONS,  V.  c,  1— 

cont'd 

Jurisdiction  with  respect  to  ordinances,  see 
Courts,  §  G. 

Judicial  notice  of  ordinances,  see  Evidence, 
§  4. 

Injunction  as  to  ordinances,  see  Injunc- 
tion, §  62. 

License  by,  see  License,  II. 

Duties  imposed  on  railroad  company  by 
ordinance,  see  Railroads,  §  50. 

Violation  of  ordinance  by  street  railway 
company,  see  Street  Railways,  §  11. 

Violation  of  municipal  ordinance  as  a  pub- 
lic ofTense  or  crime.  48  L.R.A. (N.S.) 
156. 

Denial  on  information  and  belief  of  acts  of 
city  council.     30  L.R.A.  (N.S.)    781. 

2.  Council  meeting;  enactment  and  re- 
peal of  ordinances. 

§2  0.  Generally. 

Right  of  public  to  attend  municipal  council 
meetings.     1  B.  R.  C.  296. 

Vote  of  common  council  or  similar  body  as 
affected  by  personal  interest  of  mem- 
bers. 18  L.R.A.  367. 

Presumption  as  to  time  of  alteration  in  city 
council  minute  book.  39  L.R.A. (N.S.) 
114. 

§   21.  Enactment. 

As  to  initiative  ami  referendum,  see  supra, 

§  9. 
Injunction  to  prevent  passage  of  municipal 

ordinance.      13    L.R.A.    844;    2    L.R.A. 

(N.S.)    152. 

§   22.  Repeal. 

Effect  of  repeal  without  savings  clause  of 
penal  statute  or  ordinance  upon  prior 
conviction  under  it.  23  L.R.A. (N.S.) 
243. 

Power  to  repeal  ordinance  suspended  by 
referendum  and  again  legislate  on  sub- 
ject-matter.    L.R.A.1917B,  26. 

3.  Effect  of  ordinance  generally. 

§  23.  Generally. 

Effect  of  ordinance  on  negligence  in  manu- 
facture and  storage  of  explosives.  29 
L.R.A.  721. 

Effect  of  ordinance  on  municipal  liability 
for  ice  on  streets  or  sidewalks.  21 
L.R.A.  264. 

Effect  on  character  of  estate  in  burial  lot 
of  ordinance  closing  cemetery.  67 
L.R.A.  125. 

Effect  on  constructive  or  total  loss  of  in- 
sured building  of  local  ordinances  or 
regulations  preventing  repair.  56 
L.R.A.  791. 

Rights  under  ordinance  requiring  award  of 
contract  to  lowest  bidder.  26  L.R.A. 
707. 

Hand  ear  as  a  car  within  ordinance.  L.R.A. 
1915A,  817. 

Who  is  a  peddler  or  hawker  within  munic- 
ipal regulations.     L.R.A.1916B,  1293. 


956 


INDEX  TO  L.R.A.  NOTES. 


MUNICIPAL  CORPORATIONS,  V.  c,  3— 
cont'd 

Is  ordinance  requiring  covering  of  sidewalk 
where  building  is  in  process  of  construc- 
tion for  benefit  of  servants.  45  L.R.A. 
(N.S.)   550. 

Effect  of  ordinance  on  question  of  right  of 
way  as  between  street  car  and  vehicle 
at  point  where  streets  bisect  or  inter- 
sect.    49  L.R.A. (N.S.)    512. 

Meaning  of  term  "waterproof"  employed  in 
ordinance.     L.R.A.1918B,  826. 

4.  Validity   of  ordinances;   extent  of 
poiver. 

(a)  In  general 

§   24.  Generally. 

Regulation  of  automobiles,  see  Auto- 
mobiles, §  1. 

Power  to  regulate  buildings,  see  Buildings, 
§§  1-6. 

Regulations  as  to  fire  limits,  see  Buildings, 
§  4. 

Regulations  for  fire  protection,  see  Build- 
ings, §  4. 

Regulations  as  to  fire  escapes,  see  Build- 
ings, §  5. 

Power  as  to  intoxicating  liquors,  see  In- 
toxicating Liquors,  II. 

Ordinance  as  to  speed  of  train,  see  Rail- 
roads, §  72. 

Right  in  a  collateral  proceeding  to  raise  the 
question  of  the  validity  of  an  ordinance 
upon  which  a  proceeding  in  a  criminal 
case  is  based.     L.R.A.1918D,  1007. 

Reasonableness  of  ordinance  as  a  question 
for  court  or  jury.     L.R.A.1915F,  1196.' 

Municipal  liability  for  false  imprisonment 
and  unlawful  arrest  under  invalid 
ordinance.     47  L.R.A.  593. 

Validity  of  ordinance  vesting  in  officers 
discretion  as  to  the  subject-matter.  1 
L.R.A.(N.S.)   940. 

Validity  of  ordinance  for  prevention  of 
cruelty  to  animals.     L.R.A.1916A,  951. 

Power  of  municipality  to  regulate  dancing 
in  public  places.    L.R.A.1917A,  1174. 

Ordinance  making  it  an  offense  to  associate 
with  disreputable  persons.  L.R.A. 
1917F,  904. 

Validity  of  regulations  for  fire  protection 
other  than  building  regulations.  41 
L.R.A. (N.S.)    456. 

Power  of  municipal  corporation  to  prohibit 
factories.     41  L.R.A.  (N.S.)    177. 

Implied  power  of  municipal  corporation  to 
create  the  office  of  deputy  or  assistant 
to  an   incumbent  of  an  office  which  is 


MUNICIPAL  CORPORATIONS,  V.  c,  4  (a> 
— cont'd 

Exercise  of  police  power  for  esthetic  pur- 
poses. 34  L.R.A.  (N.S.)  998;  L.R.A. 
1917A,  1220. 

Municipal  power  as  to  regulation  of  signs 
and   billboards.     21   L.R.A.  (N.S.)    735. 

Validity  of  segregation  statute  or  ordinance 
prohibiting  persons  of  different  race  or 
color  from  living  in  same  locality.  47 
L.R.A. (N.S.)  1087;  L.R.A.1915D,  684; 
L.R.A.1918C,  220. 

§2  5.  Ordinances  as  to  matters  cov- 
ered by  state  laws. 

Power  to  legislate  on  subjects  covered  by- 
state   laws.     1   L.R.A. (N.S.)    382. 

Power  of  municipality  to  punish  what  is 
also  an  offense  under  state  law.  17 
L.R.A. (N.S.)   49. 

Validity  of  municipal  ordinance  declaring 
that  all  or  certain  classes  of  offenses 
denounced  by  "the  law  of  the  state 
shall  be  offenses  under  the  ordinance. 
26  L.R.A. (N.S.)    493. 

Validity  of  license  tax  on  automobiles  as 
affected  bv  state  regulation.  52  L.R.A. 
(N.S.)    958. 

Conflict  between  state  and  local  regulations 
as  to  speed  of  automobiles.  L.R.A. 
1918D,  137. 

§  2  6.  Especial  powers  in  time  of  epi- 
demics. 

In  general.     26  L.R.A.  727. 

Pesthouses.    26  L.R.A.  727. 

Vaccination.     26  L.R.A.   728. 

Physicians.     26  L.R.A.  728. 

Nursing,     attendance,     and      support.      26 

L.R.A.  729. 
Effect    of    settlement    of    sick    person.     26 

L.R.A.  729. 

(b)   As  to  streets,  waters,  drains,  and 
sewers. 

§   2  7.  As  to  streets. 

As  to  drains  in,  see  infra,  §  29. 

Power  over  nuisances  affecting,  see  infra, 
§  36. 

Liability  with  reference  to  streets,  see 
infra,   §   95. 

Regulation  and  license  of  automobiles  in, 
see  Automobiles,  §  la. 

Power  as  to  hacks  and  hack  stands,  see 
Hacks,  §  2. 

Powers  as  to  streets  generally,  see  High- 
ways, IV. 

Powers  as  to  railroads  in  street,  see  High- 


expressly  authorized.     26  L.R.A.  (N.S.)     ^      Y^T^'  ^^  ^*       *••♦         i.     •       «  i,-„v, 
„^^         -^  I  Regulation  of  use  of  jitney  buses  on  high- 

ways, see  Jitney  Busses. 

Powers  as  to  street    railway,    see    Street 
Railways,  §§  5,  0. 

As    to   nuisances    in    streets   generally,    see 
Highways,  §§  40,  41. 

License  on  vehicles  generally,  see  License, 
§  43. 

License  for  use    of    streets    generally,    see 
License,  §  44. 

Power  of  citv  councils  to  vacate  street.    26 
L.R.A.  823. 


Validity  of  ordinance  making  property  or 
property  owner  liable  for  light  fur- 
nished tenant.    L.R.A.1918D,  364. 

Power  to  make  use  of  property  for  particu- 
lar purpose  or  in  a  particular  manner, 
conditional  upon  consent  of  neighbors. 
8  L.R.A. (N.S.)   978. 

Power  of  municipality  to  make  right  to 
transact  certain  business  dependent  on 
consent  of  municipal  authorities.  9 
L.R.A. (N.S.)    659. 


Begin  with  this  hooTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


957 


MUNICIPAL  CORPORATIONS,  V.  c,  4  (b) 
— cont'd 

As  affecting  those  engaged  in  handling 
United  States  mails.    L.R.A.1918C,  940. 

Power  of  municipality  over  interurban  ve- 
hicles used  for  hire.     L.R.A.1918B,  891. 

Validity  of  statute  or  ordinance  giving  su- 
perior rights  in  public  streets  to  cer- 
tain vehicles.     43  L.R.A. (N.S.)    000. 

Ordinance  for  direction  of  street  traffic  by 
police  ofTicers.     L.R.A.1918F,  1133. 

Regulations  affecting  motor  cycles  in  streets. 
42  L.R.A. (N.S.)    1068. 

Power  to  limit  municipal  control  or  au- 
thority over  street  or  over  public 
ground  as  an  incident  of  its  acquisition 
of  title  or  right  therein.  9  L.R.A. 
(N.S.)    1045. 

Delegation  by  city  council  of  power  to  de- 
termine width,  grade,  material,,  etc.,  of 
street  or  sidewalk.     20  L.R.A.  053. 

Power  of  municipality  to  prevent  gatliering 
or  assembling  of  persons  in  street  or  on 
sidewalk.     52  L.R.A.  (N.S.)    909. 

Validity  of  ordinance  against  picketing. 
L.R.A.1918C,  282. 

Power  of  municipality  to  compel  removal  of 
spur  track,  turnout,  or  switch  from 
street  or  highway.     L.R.A.1918B,   481. 

§   2  8.  As  to  waters. 

Power   over   nuisances   aflfecting,   see   infra, 

§  36. 
Ownership  of  waterworks  plant,   see  infra, 

§  70. 
Liability  as  to,  see  infra,  §§  90-94, 

Rights  of  municipal  corporations  with  re- 
spect to  surface  water.     65  L.R.A.  250. 

Power  to  authorize  obstruction  of  navigable 
waters.     59  L.R.A.  77. 

Power  and  duty  of,  as  to  improving  naviga- 
bility of  stream.     67   L.R.A.  849. 

Validity  of  ordinance  making  property  or 
property  owner  liable  for  water  fur- 
nished tenant.     L.R.A.1918D,  364. 

§   2  9.  As   to   drains  and   sewers. 

Liability  as  to,  see  infra,  §§  86-89. 

Delegation  of  power  as  to  drainage.  61 
L.R.A.  653. 

Delegation  by  city  council  of  power  as  to 
sewer  improvements.     20  L.R.A.  653. 

Power  of  municipality  to  authorize  use  of 
highway  for  private  drain.  10  L.R'.A. 
735. 

Power  to  compel  connection  of  property 
with  public  sewer.     L.R.A.1918C,  258. 

Effect  of  limitation  of  municipal  indebted- 
ness upon  acquisition  of  sewer  system. 
59  L.R.A.  004. 

Control  of  nuisances  affecting  drains  and 
drainage.  38  L.R.A.  319;  20  L.R.A. 
(N.S.)   1050. 

Institution  of  drainage  proceedings  by  ordi- 
nance.    60  L.R.A.  168. 

(c)   As  to  public  service, 

§   30.  Generally. 

Powers    as    to    railroads,    see    Highways, 

IV.  e. 
Consult  tflso  L.R.A.  Digests  of  Cases. 


MUNICIPAL  CORPORATIONS,  V.  c,  4  (c) 
— cont'd 

As  to  regulation  of  jitney  busses,  see  Jit- 
ney Busses. 

Powers  as  to  street  railways,  see  Street 
Railways,  §§  5,  6. 

Power  to  regulate  companies  supplying  city 
with  water,  see  Waters,  §  110. 

Power  of  mimicipality  over  Interurban  ve- 
hicles used  for  hire.     L.R.A.1918B,  891. 

Power  of  oHicers  to  make  contracts  as  to, 
binding  on  their  successors  or  for  a 
term  of  years.     16  L.R.A.  258. 

Jurisdiction  of  Public  Utilities  Commission 
over  rates  as  limited  by  constitutional 
or  statutory  power  of  municipality  to 
regulate  utilities.     L.R.A.1918D,  315. 

Power  apart  from  contract,  to  regulate  the 
rates  to  be  charged  by  public  service 
corporations.  33  L.R.A. (N.S.)  759;  43 
L.R.A.  (N.S.)   994. 

Power  of  municipality  to  make  binding  con- 
tract as  to  rates  of  public  service  cor- 
porations.     L.R.A'.1915C,    264. 

Power  to  require  public  service  corporation 
to  carry  municipal  wires  on  its  poles. 
32  L.R.A.  (N.S.)   997. 

§   31.  Ferries. 

License  of,  see  License,  §  27. 

Power  of  municipality  to  establish  and  reg- 
ulate or  operate  ferry.  59  L.R.A.  521 ; 
L.R.A.1916D,  832. 

Power  of  municipality  as  to  international 
or  interstate  ferries.  52  L.R.A. (N.S.) 
574. 

§   32.  As  to  light  and  heat;  gas. 

Ownership  of  lighting  plant,  see  infra,  §  69. 

Period  for  which  contract  as  to  gas  may 
be  made.     16  L.R.A,  258. 

Power  of  municipality  to  fix  gas  rates  as 
incident  of  its  power  to  authorize  lay- 
ing of  gas  mains.  18  L.R.A. (N.S. ) 
]197. 

Right  of  municipality,  in  absence  of  con- 
tracts, to  restrain  a  natural  gas  com- 
pany from  discontinuing  the  business 
of  supplying  gas.     26  L.R.A. (N.S.)   92. 

Delegation  of  power  to  gas  and  lighting 
companies.     20  L.R.A.  726. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  unlawful  expenditures  by  mu- 
nicipality for  lighting  and  heating.  36 
L.R.A. (N.S.)   20. 

Ordinance  making  property  or  property 
owner  liable  for  light  furnished  ten- 
ant.   L.R.A.1918D,  364. 

(d)   As   to   health  and  safety. 

§33.  Generally. 

As  to  nuisances  affecting,  see  infra,  §§  39, 

41. 
As  to  health,  generally,  see  Health. 

Validity  of  ordinances  for  protection  or 
comfort  of  street  car  operatives.  42 
L.R.A.  (N.S.)    1060. 

Validity  of  regulations  concerning  elevators 
and  hoistways.    42  L.R.A. (N.S.)  899.    ' 


958 


INDEX  TO  L.R.A.  NOTES. 


MUNICIPAL  CORPORATIONS,  V.  c,  4,  (d) 
— cont'd 

Power  of  municipal  corporation  to  grant 
exclusive  right  or  create  monopoly  for 
removal  of  substances  inimical  to 
health.  21  L.R.A.  (N.S.)  830;  L.R.A. 
1915D,  209. 

Validity  of  ordinance  for  destruction  of 
food  products  below  prescribed  stand- 
ard or  unfit  for  use.  29  L.R.A. (N.S.) 
260. 

Sanitarv  regulations  as  to  stables.  45 
L.R.A.(N.S.)   575. 

Power  to  prohibit  or  restrict  use  of  tobacco. 
51  L.R.A. (N.S.)   562. 

Validity  of  ordinances  for  extermination 
of  vermin.     L.R.A.1916A,   1239. 

Power  of  municipality  to  determine  loca- 
tion of  places  of  amusement.  L.R.A. 
1916D,  99. 


(e)   As  to  nuisances, 

§   34.  Generally. 

Municipal  liability  as  to,  see  infra,  §  77. 
Regulation  of  animals,  see  Animals,  §  22. 
Injunction    by    municipality    against    nui- 
sance, see  Injunction,  §  29. 
As  to  nuisances  generally,  see  NxnsAXCES. 

Municipal  control  over  smoke  as  a  public 
nuisance.  39  L.R.A.  551;  18  L.R.A. 
(N.S.)    156;  32  L.R.A. (N.S.)   554. 

Sanitary  regulations  as  to  stables.  45 
L.R.A.(N.S.)    575. 

§  35.  Power  to  define,  prevent,  and 
abate. 

Right  of,  to  sue  to  enjoin  or  abate  public 

nfiisance.    51  L,R.A.  657;  L.R.A.1916D, 

1020. 
Power  of  municipality  as  well  as  state  to 

punish  for.     17  L.R.A. (N.S.)    53. 
Derivation    of    power    over    nuisances.      36 

L.R.A.  593. 
Nature  of  the  power.     36  L.R.A.  594. 
Questions  of  fact.     36  L.R.A.  594. 
The  question  of  judicial  determination.     36 

L.R.A.  595. 
Power  to  define.     36  L.R.A.  596. 
Power  to  declare  particular  kinds  of  amuse- 
ment   nuisances    per    se.       31    L.R.A. 

(N.S.)   548. 
Extent  of  power  to  prevent  or  abate.     36 

L.R.A.  599. 
Limit    of    power    to  prevent  or  abate.     36 

L.R.A.  606. 
The  question  ot  discrimination,     36  L.R.A. 

608. 
The  methods  of  abatement.    36  L.R.A.  609. 
Effect  of   authority   or   license.     36   L.R.A. 

609. 
No    infringement    of    constitutional    rights. 

36  L.R.A.  610. 
Notice.     36  L.R.A.  613. 

§   3  6.  Affecting  highways  and  waters. 

As   to   nuisances    in    streets   generally,   see 

Highways,  §§  40,  41. 
In  general.     39  L.R.A.  650. 
Removal  of  garbage,  etc.     39  L.R.A.  653. 
Begin  iiHth  this  book,  on  every  law  question. 


MUNICIPAL  CORPORATIONS,  V.  c,  4,  (e) 
— cont'd 

Obstructions     of     and     encroachments     on 
streets.     39  L.R.A.  653. 
Injunction  against.     42  L.R.A.  814. 

Nuisances  relating  to  the  use  of  streets. 
39  L.R.A.  672. 

Waters,  water  courses,  etc.  38  L.R.A,  324; 
39  L.R.A.   681. 

Municipal  power  over  electrical  companies. 
39  L.R.A,  609. 

Injunction  by  municipality  against  nui- 
sances in  water  and  water  courses,  40 
L.R,A,  465,  470, 

Right  of  municipality  to  create  nuisance  by 
pollution  at  a  point  where  its  sewers 
discharge,     20   L,R,A,(N,S,)    1050, 

§  3  7.  On  streets,  created  by  street  rail- 
roads and  otlier  electrical  com- 
panies. 

Street  railroads.     39  L.R.A,  609, 
Telegraph     and     electrical     poles,     etc,     39 

L.R.A.  619. 
Steam  and  electricity.     39  L.R.A.  621. 
Injunction  against.     44  L.R.A.  565. 

§  38.  Over  buildings  and  other  struc- 
tures   as  nuisances.     • 

Extent  of  power  over  buildings  as  such.  38 
L.R.A.  161. 

Limit  of  power.     38  L.R.A.  165. 

Over  the  use  of  buildings.    38  L.R.A.  169. 

Wooden  and  frame  buildings.  38  L.R.A. 
170. 

Injunction  by  municipality  against  nui- 
sance of.  41  L.R.A.  328;  42  L.R.A. 
822. 

§   39.  Relating  to  trade  or  business. 

In  general.     38  L.R.A.  641. 

Slaughterhouses.     38  L.R.A.  646. 

Laundries.     38  L.R.A.  651. 

Fertilizers.     38  L.R.A.  653. 

Livery  stables.     38  L.R.A.  653. 

Brick  and  lime  kilns.     38  L.R.A.  654, 

Brick     yards,       25     L,R,A,(N.S.)    247:    40 

L.R.A. (N.S.)    898. 
Stock    yards.      38    L.R.A.    655;    28    L.R.A. 

(N.S.)    122. 
Tallow,  fat,  hides,  etc.     38  L.R.A.  655. 
Dairies.     38  L.R.A.  657. 
Pawnbrokers,  junk  and  second-hand  clothes 

dealers.     38   L.R.A.   657. 
Power  to  prohibit  the  opening  or  working 

of  a  quarry.     2  L.R.A.  (N.S.)    796. 
Power   to   determine   location    of   places    of 

amusement.    L.R.A.1916D,  99. 


§   40.  Affecting  public  morals,  decency, 
peace,  and  good  order. 

Nuisances  affecting  public  morals  and  de- 
cency.    39  L.R.A.  520. 
Nuisances  affecting  public  peace   and  good 

order.     39  L.R.A.  524. 
Right  of  municipal  corporation  to  prohibit 

the  keeping,  standing,  or  exhibiting  of 

stallions   and   jacks.      11    L.R.A. (N.S.) 

736. 
Validity  of  ordinance  against  bawdy  house. 

L.R.A.1917B,  1083. 


INDEX  TO  L.R.A.  NOTES. 


95» 


MUNICIPAL  CORPORATIONS,  V.  c,  4  (e) 
— cont'd 

§  41.  Affecting  safety,  health,  and  per- 
sonal comfort. 

Matters  as  to  trade  or  business  affecting 
health   and    comfort,    see   supra,    §    39. 

Nuisances    relating    to    public    safety.     38 

L.R.A.  305. 
Nuisances    relating    to  health.     38   L.R.A. 
311. 
Drains  and  drainage.     38  L.R.A.  319; 

20  L.R.A. (N.S.)    1050. 

Dead  animals.    38  L.R.A.  330:  9  L.R.A. 

(N.S.)  1197;  48  L.R.A.(N.S.)  979. 

The    keeping    of    animals.      38    L.R.A. 

332;  39  L.R.A.  (N.S.)   266. 

Injunction    against.      40    L.R.A.    470;     41 

L.R.A.  322. 
Right  to  establish  contagious  disease  hospi- 
tal beyond  city  limits.  5  L.R.A.  (N.S.) 
1028;  18  L.R.A. (N.S.)  260;  25  L.R.A. 
(N.S.)  228. 
Power  of  municipality  to  regulate  burials 
and   cemeteries.     27   L.R.A.  (N.S.)    262. 

(f)   Regulation  of  business. 

§   42.  Generally. 

Power  as  to  nuisance  affecting  business,  see 
supra,  §  39. 

License  to  engage  in  particular  business, 
see  Intoxicating  Liquors,  III.; 
License,  II. 

Regulation  of  liquor  traffic,  see  Intoxicat- 
ing Liquors,  II. 

Power  of  municipal  corporation  to  make 
right  to  transact  certain  business  de- 
pendent upon  consent  of  municipal  au- 
tliorities.     9  L.R.A. (N.S.)    659. 

Liability  of  municipality  for  attempting  to 
enforce  void  ordinance  regulating  busi- 
ness or  conduct  of  those  within  its 
limits.  18  L.R.A.  (N.S.)  409;  34  L.R.A. 
(N.S.)    141. 

Validity  of  public  restrictions  as  to  location 
of  mercantile  business.  49  L.R.A. 
(N.S.)   438;  L.R.A.1917F,  1060. 

§   43.  Bakeries. 

Power  to  regulate  location  or  condition  of 
bakeries.     26   L.R.A. (N.S.)    842. 

§   44.  Markets. 

License  of,  see  License,  §  33. 

Delegation  of  power  as  to.     20  L.R.A.  726. 

§   45.  Money  lenders. 

License  of,  see  License,  §  32. 

Validity  of  ordinance  requiring  persons  en- 
gaged in  business  of  loaning  money  on 
chattel  security  or  security  of  wages 
to  file  a  record  of  loans  made.  25 
L.R.A.  (N.S.)  686. 

§  4  6.  Peddlers. 

License  of,  see  License,  §  35. 

Validity  of  ordinance  regulating  hawking 
and  peddling.     14  L'.R.A.  100. 

Validity  of  ordinance  regulating  conduct  of 
licensed  street  hucksters  or  peddlers. 
8  L.R.A. (N.S.)   304. 

Consult  also  L.R.A.  Digests  of  Cases. 


MUNICIPAL  CORPORATIONS,  V.  c,  4  (f  > 

— cont'd 
Power  of  municipality  as  well  as  state  to 

punish  for  peddling.     17   L.R.A. (N.S.) 

53. 

§   4  7.  Restaurants. 

Proprietor  of  hotel  conducted  on  European 
plan  as  keeper  of  restaurant  within 
ordinance.     17  L.R.A. (N.S.)   560. 

Power  of  municipality  to  regulate  dancing 
in.    L.R.A.1917A,  1174. 

§   4  8.   Second-hand  business,  junk,  etc. 

License  of,  see  License,  §  31. 

Power  to  regulate    traffic    in.      24    L.R.A. 

(N.S.)    1168. 
Municipal  power  over  business  of  dealers  in, 

as  nuisance.  38  L.R.A.  657. 
Police  power  as  exercised  by  municipali- 
ties over  the  business  of  pawn- 
brokers, junk  dealers,  and  dealers 
in  second-hand  clothes.  32  L.R.A. 
116. 

§  4  9.  Telegraphs. 

License  of,  see  License,  §  41. 

§   50.  Miscellaneous. 

Gasolene  stations.     L.R.A. 1917F,  1005. 

Right  of  municipal  corporation  to  require 
theater  to  pay  for  services  of  fireman 
or  policeman,  performed  at  the  theater 
or  place  of  exhibition.  11  L.R.A. (N.S.) 
700. 

Power  of  municipality  to  regulate  use  of 
scales  by  merchants.  23  L.R..A.  (N.S.) 
266. 

Validity  of  ordinance  for  the  settlement  of 
weights  as  between  buver  and  seller  by 
public  weigher.     51   L.R.A. (N.S.)    731. 

Validity  of  ordinance  fixing  minimum  wage 
for  person  employed  upon  public  work. 
51   L.R.A.(N.S.)    686. 

Validity  of  ordinance  requiring  commercial 
or  mercantile  establishments  to  close 
at   certain   hours.      L.R.A.1916A,   654. 

Ordinance  forbidding  speculation  in  theater 
tickets.     L.R.A.1918D,  388. 

Power  of  municipaliLy  to  determine  loca- 
tion of  places  of  amusement.  L.R.A. 
1916D,  99. 

Right  to  forbid  solicitation  of  patronage  at 
railway  station.     L.R.A.1917D,  690. 

Power  to  regulate  electricians  and  installa- 
tion of  electrical  Avork.  36  L.R.A. 
(N.S.)  78. 

3.  Violation  and  enforcement  of  ordi- 
nance. 

§51.  Generally. 

Violation  of  ordinance  as  negligence,  see 
Negligence,  §  10. 

Private  action  for  violation,  see  Private  Ac- 
tion, §  2. 

Death  inflicted  while  defendant  is  violating 
a  municipal  ordinance  as  homicide.  28 
L.R.A.(N.S.)  770. 

Injunction  by  private  person  to  restrain  vio- 
lation.    5  L.R.A.(N.S.)   493. 


960 


INDEX  TO  L.R.A.  NOTES. 


MUNICIPAL  CORPORATIONS,  V.  c,  5— 
cont'd 

Injunction  against  prosecutions  under  city 
ordinance.    21  L.R.A.  86. 

Proliibition  to  prevent  unfounded  prosecu- 
tions for  alleged  violation  of  ordinance. 
37  L.R.A.(N.S.)   448. 

Collateral  attack  on  conviction  for  violating 
unconstitutional  ordinance.  39  L.R.A. 
454. 

Cruel  and  unusual  punishment  for  violating. 
35  L.R.A.  578;  L.R.A.1915C,  569. 

Power  to  remit  penalties  or  punishment  for 
violation  of  ordinances.  38  L.R.A. 
(N.S.)    196. 

Municipal  liability  for  attempting  to  enforce 
void  ordinance  regulating  business  oi 
conduct  within  its  limits.  18  L.R.A. 
(N.S.)   409;  34  L.R.A.  (N.S.)   141. 

Municipal  liability  for  arrest  and  imprison- 
ment under  invalid  ordinance.  47 
L.R.A.  593. 

Liability  of  officer  for  making  arrest  for 
breach  of  ordinance.     51  L.R.A.  207. 

Removal  of  officer  for  failure  to'  enforce 
criminal  or  penal  ordinance.  50  L.R.A. 
(X.S.)  841;  L.R.A.1918F,  1049. 

Liability  of  municipality  for  failure  to  en- 
force ordinance  in  relation  to  animals. 
L.R.A.1915E,  448. 

Violation  of  ordinance  in  relation  to  block- 
ing railroad  crossing  as  affecting  lia- 
bility for  injury.  47  L.R.A.  (N.S.) 
820. 

May  a  municipal  corporation  question  the 
validity  of  an  ordinance  or  license  un- 
der which  a  business  is  being  conducted 
in  a  prosecution  for  carrying  on  such 
business.     21  L.R.A.(N.S.)   299. 

Character  of  proceeding  for  violation  of 
municipal  ordinance  as  civil  or  crimi- 
nal. 33  L.R.A.  33;  4  L.R.A. (N.S.) 
782;  48  L.R.A.(N.S.)   156. 

6.  By-laws. 

§   52.  Generally.      . 

By-law  to  compel  acceptance  of  office.  24 
L.R.A.  492. 

d.  Contracts    generally, 

1.  In  general. 

%   53.  Generally. 

Liability  on  implied  contract,  see  infra,  §  59. 

Bonds  of,  see  Bonds,  III. 

Bond  of  contractor,  see  Bonds,  §§  9,  10. 

Provision  in,  for  payment  of  laborers  and 
materialmen,  see  Building  and  Con- 
struction Contracts,  §  2. 

As  to  public  contracts  generally,  see  Con- 
tracts, VIII. 

Validity  of  and  liability  on  contract  with 
officer,  see  Contracts,  §§  99-101. 

Letting  of  public  contracts,  see  Contracts, 
§  159. 

Rights  and  remedies  of  lowest  bidder,  see 
Contracts,  §  160. 

Specifications  for  public  contracts,  see  Con- 
tracts, §  161. 

Estoppel  of  municipality  by  contract,  see 
Estoppel,  §  2a. 

Begin  with  this  hooJc  on  every  late  question 


MUNICIPAL  CORPORATIONS,  V.  d,  1— 
cont'd 

With  respect  to  gas,  see  Gas,  §  2. 

Contracts  for  local  improvements,  see  Pub- 
lic Improvements,  §§  7-9. 

Delegation  of  power  as  to.     20  L.R.A.  727. 

Provision  in,  for  pavment  in  gold  or  silver. 
29  L.R.A.  522.  ' 

Limitation  of  the  doctrine  of  ultra  vires,  in 
respect  to  municipal  corporations.  19 
L.R.A.  619. 

Contract  for  supplving  eitv  with  water.  61 
L.R.A.  61. 

Right  of  municipal  corporation  to  contract 
for  free  transportation  or  special  rates 
on  street  cars.     16  L.R.A. (N.S.)   651. 

Sufficiency  of  consideration  received  upon 
disposal  of  municipal  property.  43 
L.R.A.  (N.S.)   1137. 

Rights  and  remedies  where  contracts  are 
invalid.     L.R.A.1915A,   904. 

Ratification  of  invalid  contract.  L.R.A. 
1915A,  1023. 

May  a  municipal  contract  for  a  term  ex- 
ceeding authority  be  enforced  to  the 
extent  to  which  it  was  authorized.  52 
L.R.A.(N.S.)    512. 

Lack  of,  or  invalidity  of  franchise  as  de- 
fense to  an  action  by  a  public  service 
corporation  against  a  municipality  for 
service  rentals.     52   L.R.A. (X.S.)    713. 

Right  of  seller  of  property  to  municipal 
corporation  under  invalid  contract  to 
retake  or  remove  the  property  upon  re- 
fusal of  pavment.  20  L.R.A.  (N.S.) 
110;  L.R.A.1915B,  173. 

Liability  of  municipality  for  benefits  re- 
ceived under  invalid  contract  not  ex- 
pressly prohibited  by  statute  or  public 
policy  where  power  to  contract  exists. 
27  L:R.A.(N.S.)   1117. 

Liability  of  municipality  for  labor  per- 
formed or  services  accepted  by  it  under 
express  contract  which  is  invalid  be- 
cause irregularlv  executed.  27  L.R.A. 
(N.S.)   1126. 

§   54.  Monopoly  or  discrimination  in. 

Power  to  discriminate  generally,  see  supra, 
§  17. 

Monopoly  in   contract  for  removal   of  gar- 
bage.    27   L.R.A.   540. 
Power   of   municipality   to  grant   exclusive 
right  or  create  monopoly   for   removal 
of  substances  inimical  to  health.       21 
L.R.A. (N.S.)   830;  L.R.A.1915D,  209. 
Municipal    contracts  "for    work    or    articles 
which  embody  a  patented  invention. 
18   L.R.A.   45. 
Where  public  letting  to  lowest  bidder 
is  required.     5  L.R.A. (N.S.)    680; 
46  L.R.A.  (X'.S.)  990;  L.R.A.1917A, 
442. 
Right  of  municipality  or  other  public  body 
to   discriminate   in   favor   of   organized 
labor.     23  L.R.A. (N.S.)   815;  52  L.R.A. 
(N.S.)   728.     " 
Right  of  taxpayer  in  absence  of  statute  to 
eitijoin     favoritism     in     contracts.       36 
L.R.A.(N.S.)   10. 


INDEX  TO  L.R.A.  NOTES. 


!)«! 


MUNICIPAL  CORPORATIONS,  V.  d,  1— 
cont'd 

§  55.  Power  to  bind  successcws;  dura- 
tion of  contract. 

Period  for  which  contract  for  public  service 

may  be  made.     36  L.R.A.  258. 
Power  of  public  officers  to  make  contracts 

binding  on  their  successors  or  for  term 

of  years.     16  L.R.A.  257. 
Power  of  board  to  make  contract  for  term 

extending    beyond    its    own    term.     29 

L.R.A.(N.S.)    652;  L.R.A.1915E,  581. 
May  municipal  contract  for  excessive  terra 

be  upiield  as  one  for  authorized  period. 

52  L.R.A.(N.S.)   512. 

§  56.  Statutes  legalizing  invalid  con- 
tracts. 

Cont^ral  rules.     27  L.R.A.  696. 

Bonds.     27  L.R.A.  697. 

Subscriptions     to     internal     improvements. 

27  L.R.A.  701. 
Contracts  to  pav  bounties.     27  L.R.A,  702. 
Land  grants.     27  L.R.A.  702. 
Other  contracts.     27  L.R.A.  702. 
Excessive  indebtedness.     27  L.R.A.  703. 
Construction  of  statutes.     27  L.R.A.  704. 

5  7.  Liability  of  other  party  for  viola- 
tion of. 

Consumer's  right  to  compel  public  service 
corporation  to  respect  rates  stipulated 
in  contract  with  municipality.  L.R.A. 
1915D,  917. 

Right  of  property  owner  to  maintain  action 
against  water  company  for  failure  to 
supply  sufficient  water  for  fire  purposes 
as  required  by  its  contract  with  munici- 
pality. 6  L.R.A.  (N.S.)  1171;  21  L.R.A. 
(N.S.)   1021. 


2.  Implied  contracts. 

§   58.  Generally. 

Liability  of  municipalitv  on.  27  L.R.A. 
(N.S.)  1117;  39  L.R.A.(N.S.)  72; 
41  L.R.A.(N.S.)  473;  46  L.R.A. 
(N.S.)  921. 
On  implied  contract  for  publishing  no- 
tices in  a  newspaper.  27  L.R.A. 
(N.S.)    1130. 

§  60.  —  for  labor  performed  or  serv- 
ices accepted. 

In     general.     27     L.R.A.  (N.S.)      1125;     39 
L.R.A. (N.S.)  43. 

Where  express  contract  is  invalid  merely 
because  irregularly  executed.  27  L.R.A. 
(N.S.)    1126. 

Contract  invalid  because  made  with  officer 
of  municipality.  27  L.R.A.  (N.S.) 
1127. 

Where  contract  violates  statutory  or  char- 
ter restrictions  on  power  to  contract. 
27  L.R.A. (N.S.)   1127. 

Where  contract  is  ultra  vires.  27  L.R.A. 
(N.S.)    1128. 

Liability  upon  implied  contract  in  the  ab- 
sence  of   express  contract.     27   L.R.A.  I 
(N.S.)  1129. 

Consult  also  L.R.A.  Digests  of  Cases,    61 


MUNICIPAL  CORPORATIONS,  V.— cont'd 

e.  Borrowing;    indebtedness;    expendi- 
tures. 

1.  In  general. 

§   61.  Generally. 

Municipal  bonds,  generally,  see  Bonds,  III. 
For   what   purposes   public   money   may   be 

used     by     municipality,     see     Public 

Money,  §  4. 
Indebtedness  of  town,  see  Towns,  §  7. 

Validity  of  ordinance  authorizing  incurring 
of     indebtedness    or    appropriation    of 
money  for  two  or  more  purposes.     14 
"      L.R.A. (N.S.)   519. 

Implied  power  of  municipalitj'  to  construct 
improvements  on  credit.  4  L.R.A. 
(N.S.)    746. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  unlawful  expenditures  by  munici- 
pality.    36  L.R.A. (N.S.)    1. 

Liability  on  its  own  obligations  stolen  from 
it.     39  L.R.A. (N.S.)  444. 

Mandamus  to  compel  payment  of  municipal 
debt  by  custodian  of  municipal  funds. 
34  L.R.A.  773. 

Mandamus   to   compel   issuance   of   munici- 
pal     warrant     to      pay     indebtedness. 
L.R.A.1916D,   325. 

Equitable  remedy  to  subject  to  judgment 
debt  due  from  government  or  munici- 
pality.    63  L.R.A.  701. 

Effect  of  resolution  to  pay  judgment 
against,  to  excuse  creditor's  failure  to 
issue  execution  or  revive  judgment  dur- 
ing statutory  period.  2  L.R.A. (N.S.) 
855. 

Holders  as  necessary  parties  to  proceedings 
to  invalidate  moneyed  obligations  of 
municipality.     3  L.R.A. (N.S.)   256. 

§   62.  Corporate  stock. 

Liability  as  between  corporation  and  one 
acting  in  good  faith  to  whom  it  issues 
new  certificate  of  stock  on  forged  au- 
thority.    2  B.  R.  C.  528. 

§  63.  Liability  for  debts  in  case  of 
annexation   or  division. 

Liability  of  territory  annexed  to  county, 
city,  or  other  municipality,  to  pay  pro- 
portionate share  of  existing  debts.  27 
L.R.A.(N.S.)    1147. 

Division  of  territory  as  affecting  the  lia- 
bility of  municipality  in  absence  of 
statute.     39  L.R.A. (N.S.)   285. 


§   64.  Defense  of  limitations. 

See  Limitation  of  Actions,  §  17. 

2.  Limitation   of  indebtedness. 

§  65.  Generally. 

Rule  for  determining  the  indebtedness,  with- 
in the  meaning  of  debt-limit  provisions, 
where  boundaries  of  different  political 
units  are  wholly  or  partly  coincident. 
L.R.A.1917E,  468. 

Right  of  municipal  corporation  to  secure 
public  utilities  by  piecemeal  to  avoid 
constitutional  debt  limit.  12  L.R.A. 
(N.S.)   433. 


«62 


INDEX  TO  L.K.A.  NOTES. 


MUNICIPAL  CORPORATIONS,  V.   e,  2—   MUNICIPAL  CORPORATIONS,  V.  f— cont'd 


cont'd 

Effect  of  limitation  of  municipal  indebted- 
ness upon  the  acquisition  of  a 
water  supply  or  sewer  system.  59 
L.R.A.  604. 

What  are  "public  utilities"  within  statute 
allowing  municipality  to  exceed  debt 
limit  for  purchase  or  repair  of  public 
utilities.     31  L.R.A. (N.S.)   556. 

As  to  wliat  time  is  the  assessed  valuation 
to  be  taken  for  purposes  of  determining 
the  debt  limit  of  a  state  or  municipal- 
ity.    28  L.R.A.  (N.S.)   149. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  creation  of  excessive  indebtedness 
by  municipality.     36  L.R.A. (N.S.)  9. 

Statutes  legalizing  excessive  indebtedness. 
27  L.R.A.  703. 

§§    66.   67.  Creation  of  Indebtedness. 

Definitions.     37  L.R.A.(N.S.)    1058;  L.R.A. 

1917E,  437. 
Object     of     restricting     indv;btedness.       37 

L.R.A.(N.S.)    1060;    L.R.A.1917E,   438. 
When  indebtedness  arises.     37  L.R.A. (N.S.) 

1062;  L.R.A.1917E,  439. 
Obligations  payable  out  of  special  fund  or 

current     receipts.        37      L.R.A.  (N.S.) 

1070;  L.R.A.1917E,  442. 
Obligations    imposed    by    law.     37     L.R.A. 

(N.S.)  1086;  L.R.A.1917E,  447. 
Torts.       37     L.R.A.(N.S.)      1097;     L.R.A. 

1917E,  451. 
Refunding    transactions.     37    L.R.A.  (N.S.) 

1099;  L.R.A.1917E,  451. 
Purchase  of  equity  of  redemption.     3  L.R.A. 

(N.S.)     684;     37     L.R.A.  (N.S.)     1105; 

L.R.A.1917E,  45. 
Interest.      37    L.R.A.  (N.S.)     1106;     L.R.A. 

1917E,  455. 
Judgments.     37  L.R.A. (N.S.)    1107;   L.R.A. 

1917E,  455. 
Miscellaneous  obligations.     37  L.R.A. (N.S.) 

1103;  L.R.A.1917E,  452. 
Coincidence    of    boundaries    of    municipali- 
ties.     37    L.R.A.(N.S.)     1108;    L.R.A. 

1917E,  468. 

/.  Property  rights;  municipal  plants. 

§   68.  Generally. 

Right  to  own  or  operate  electric  appliances, 

see  Electricity,  §  3. 
As   to   valuation,    return,   etc.,   see   Public 

Service  Corporations. 
Taxation   of   property   of   municipality,   see 

Taxes,  §§  31,  32. 
Property  rights  of  town,  see  Towns,  §  5. 

Delegation  of  power  as  to.     20  L.R.A.  727. 
Right  of  municipality  to  be  a  part  owner 

of  property.     35  L.R.A.  737. 
Power  of  municipality  to  acqiiire  property 

for    other    than    money    consideration. 

35  L.R.A. (N.S.)   547. 
Taking  of  property  for  municipal  purposes 

as  a  public  purpose.     22  L.R.A. (N.S.) 

368. 
Power  to  take  property  already  devoted  to 

public     bv     municipality.     37     L.R.A. 

(N.S.)    lO'l 


Begin  icith  this  boolc  on  every  law  question. 


Effect  of  language  in  grant  specifying  or 
restricting  use  of  property  for  munici- 
pal purposes.     19  L.R.A.  265. 

Right  to  permit  the  use  of,  or  to  lease,  its 
public  buildings  for  private  purposes. 
31  L.R.A. (N.S.)   580. 

Power  of  municipality  to  construct  assem- 
bly, convention,  exhibition,  or  amuse- 
ment hall.     26  L.R.A. (N.S.)    425. 

Abandonment  or  sale  by,  of  ground  for  ceme- 
tery.    42  L.R.A.  (N.S.)   1216. 

Power  of  legislature  in  respect  to  municipal 
property.     48  L.R.A.  485. 

Power  of  legislature  to  authorize  munici- 
pality to  build,  purchase,  or  operate 
railroad  or  street  railway  as  affected 
bv  restrictions  on  power  to  aid  private 
enterprises.     28  L.R.A. (N.S.)    412. 

Liability  of  water  company  for  destruction 
of  property  of  municipality  by  fire  in 
consequence  of  failure  to  maintain  suf- 
ficient pressure.     30  L.R.A. (N.S.)    526. 

May  limitations  be  interposed  against  ac- 
tion to  recover  damages  for'  injury  to 
propertv  of  municipalitv.  32  L.R.A. 
(N.S.)  '245. 

Power  of  municipality  operating  a  public 
utility  to  make  a  special  rate  to  a 
particular  company  or  person.  L.R.A. 
1916D,  996. 

§69.  liighting  plant. 

As  to  valuation,  return,  etc.,  see  Public 
Service  Corporations. 

Power  of  legislature  to  compel  municipality 
to  establish  lighting  plant  or  to  pur- 
chase existing  plant.  44  L.R.A. (N.S.) 
1189. 

Power  of  municipal  corporation  to  own  elec- 
tric light  plant.     15  L.R.A. (N.S.)   713. 

Right  of  municipality  to  profit  bv  its  light- 
ing plant.    24  L.R.A.(N.S.)  290. 

Power  to  make  a  special  rate  to  a  particu- 
lar company  or  person.  L.R.A.1916D, 
996. 

Exemption  of  municipal  light  plant  from 
taxation.     16  L.R.A. (N.S.)  867. 

Liability  for  torts  in  connection  with.  43 
L.R.A.(N.S.)    862;   L.R.A.1916E,  316. 

§   7  0.  Waterworks. 

Liability   in  connection  with,   see   infra,  §§ 

93,  94. 
As   to  valuation,   return,   etc.,   see   Public 

Service  Corporations. 
Supply  of  water  by  private  corporations,  see 

Waters,  III. 

Right  of  mimicipal  corporation  as  to  use  of 
percolating  waters  for  water  supply. 
L.R.A.1917F,  691. 

Power  of  logislatiHC  to  compel  municipal- 
ity to  establish  water  plant,  or  to  pur- 
chase existing  plant.  44  L.R.A. (N.S.) 
1189. 

Contract  to  purchase  plant  for  municipal 
water  supply.     61  L.R.A.  46. 

Establishment  and  regulation  of  municipal 
water  supply.    61  L.R.A.  34. 


INDEX  TO  L.K.A.  NOTES. 


965 


MUNICIPAL  CORPORATIONS,  V.  f— cont'd 

Right  of  municipality  to  make  pi'ofit  from 
its  water  or  lighting  plant.  24  L.R.A. 
(N.S.)  290. 

Effect  of  limitation  of  municipal  indebted- 
ness upon  the  acquisition  of  a  water 
supply.     59  L.R.A.  604. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  unlawful  expenditures  for  water- 
works.    36  L.R.A.  (N.y.)   20. 

Taxation  of  waterworks  owned  by  munici- 
pality.    00  L.R.A.  851. 

Taxation  of  waterworks  located  in  one 
state  or  municipality  but  belonging  to 
another.     50  L.R.A. (N.S.)    243. 

Is  power  conferred  upon  a  municipality  to 
provide  waterworks  limited  to  estab- 
lishment of  a  municipal  plant.  19 
L.R.A.  (N.S.)    183. 

Right  of  municipality  to  establish  water 
plant  in  competition  with  company  to 
which  it  has  granted  a  franchise. 
L.R.A.1915C,  439. 

Right  of  municipal  corporation  to  require 
use  of  Avater  meters  and  to  impose  ex- 
pense of  same  on  consumer.  L.R.A. 
1915A,  320. 

Power  to  make  a  special  rate  to  a  particu- 
lar company  or  person.  L.R.A.1916D, 
996. 

§   71.  Shore  and  tide  lands. 

Municipal     ownership    of    tide    lands.     64 

L.R.A.  333. 
Rights  of,  in  respect  to  accretions  to  shore 

lands.     58  L.R.A.  203, 
Grant    of    tide    lands    to.     3   L.R.A. (N.S.) 

822. 


g.  Liability  for  damages. 


1.  In  general. 

§   7  2,  Generally, 

Liability  on  contract,  see  supra,  §§  53-60. 
Liability  for  injury  by  animals,  see  Ani- 
mals, §  16, 
Liability  on  contract  with  officer  in  which 

he    is   personally    interested,   see    CoN- 

TB.^CTS,  §  100a. 
Liability     for    injury    by    electricity,    see 

Electricity,  §  13. 
Liability  for  false  imprisonment,  see  False 

Imprisonment,  §  5. 
Liability  as  to  healtli,  see  Health,  §  4. 
Liability  for    improvement  assessment,  see 

Public  Impkovements,  §  19, 
Taxation  of  plant,  see  Taxes,  §  32. 
Supply   of   water   by   private  corporations, 

see  Waters,  HI. 
Liability  of  town,  see  Towns,  §  7. 

Immunity  of  drainage,  levee,  reclamation, 
sanitary,  or  sewer  district  from  liabil- 
ity for  damages.    L.R.A.1918B,  1010. 

For  negligence  as  to  electric  wires.  31 
L.R.A,  581, 

Liability  of  municipality  in  tort  for  acts 
beyond  the  scope  of  its  powers,  42 
L.R.A.(N.S.)    908. 

Consult  also  L.B.A.  Digests  of  Cases. 


MUNICIPAL  CORPORATIONS,  V,  g,  1— 
cont'd 

Liability  for  safety  of  wharf  or  dock.  61 
L.R.A.  953. 

Liability   for   damage  to   service   mains   by' 
excavating     in     street.       L.R,A.1917E, 
1094. 

For  removal  of  lateral  or  subjacent  support 
of  land.     08  L.R.A,  698. 

To  persons  injured  in  the  performance  of  an 
ultra  vires  act.     2  L.R.A. (N.S.)   910, 

Liability  for  impounding  animals,  27  L,R.A. 
(N"S.)    138, 

Liability  of  municipality  for  negligence  or 
other  tort  of  inmate  of  municipal 
prison.     52  L.R.A, (N.S.)   943, 

Obligation  of,  as  operator  of  ferry.  OS 
L.R.A.  155. 

Liability  of  municipality  for  tort  in  con- 
nection with  quarry  worked  by  it.  38 
L.R.A.(N.S,)   281.  " 

Municipal  liability  for  tort  as  indebtedness 
within  debt  limit  provisions,  37  L,R,A. 
(N.S.)   1097. 

Negligent  operation  of  light  plant,  5  L,R.A. 
(N.S.)  536;  43  L.R.A.  (N.S.)  862;, 
L.R.A,1915E,  316. 

Duty  as  to  property  secured  for  public  use,, 
before  it  is  thrown  open  to  the  public. 
18  L.R.A,(N.S.)   595. 

Civil  liability  of  municipality  for  refusal 
to  grant  permit.     1  B,  R,  C,  349. 

Liability  of  municipality  in  damages  for  re- 
peal, or  interference  with  enjoyment,  of 
street  franchise.     36  L,R.A.(N,S.)   861. 

General  liability  of  municipality  which  is 
unable  or  has  failed  to  enforce  assess- 
ments for  local  improvements.  32 
L.R.A.(N.S.)    163. 

Liability  of,  for  its  own  obligations  stolen 
from  it,     39  L.R.A. (N.S.)  444. 

What  is  a  mob  or  riot  for  the  act  of  which 
a  municipality  is  liable.  10  L.R.A. 
(N.S.)   925;  L.R.A.1918C,  239, 

Liability  for  failure  to  prevent  riot  in 
street,    23  L.R,A.(N.S.)  638. 

Sufficiency  of  general  allegations  of  negli- 
gence of,     59  L,R,A,  248, 

Federal  courts  following  state  decisions  aa 
to.     40  L.R.A, (N.S.)  442. 

§  72a.  Recovery  over  from  other 
wrongdoer. 

See  Highways,  §  96;  Indemnity,  §  4. 

§7  3.  I/iability  for  negligence  in  per- 
formance of  public  function. 

For  various  concrete  phases  of  the  distinc- 
tion between  public  and  private  func- 
tions, see  subsequent  sections. 

Distinction  between  public  and  private  func- 
tions of  municipal  corporations  in  re- 
spect to  liability  for  negligence,  1^ 
L,R.A,  452;  1  L,R.A,(N,S,)   665, 

Distinction  between  public  or  governmental 
and  private  or  corporate  functions  of 
municipality  as  affecting  its  liability  in 
admiralty  for  torts  of  its  agents. 
L.R.A.1918A,  1079, 


964 


INDEX  TO  L.R.A.  NOTES. 


MUNICIPAL  CORPORATIONS,  V.  g,  1— 
cont'd 

Repudiation  of  distinction  between  public 
and  private  functions  in  determining 
liability  for  torts  in  connection  with 
building  used.     25  L.R.A.  (N.S.)   97. 

Liability  of  municipality  for  death  caused 
bj'  negligence  in  the  performance  of  a 
governmental  function.  38  L.R.A. 
(N.S.)    151. 

Private  or  governmental  capacity  of  city  in 
its  maintenance  or~operation  of  bridge. 
L.R.A.1915F,  1063. 

Street  cleaning  as  a  governmental  function. 
LR.A.1915C,    741. 

Liability  for  injuries  to  health  from  com- 
pulsory vaccinatiocn.  L.R.A.1916B, 
918. 

§   74.  Destruction  of  property. 

For  destroying  buildings  to  stop  spread  of 

fire.     19  L.R.A.  197. 
For   destruction   of   property   in  abatement 

of  public  nuisance.     19  L.R.A.  195. 
For  destroying   infected  house.     22  L.R.A. 

(N.S.)  1128. 

§   7  5.  — property  destroyed"  by  mobs. 

Liabilitv  for  property  destroved  bv  mob. 
24  L.R.A.  592;  44  L.R.A. (N.S.)   358. 

What  is  a  mob  or  riot  for  the  act  of  which 
a  municipality  is  responsible.  10 
L.R.A. (N.S.)    925;  L.R.A.1918C,  239. 

Liability  of  municipal  corporation  for  fail- 
ure to  prevent  riot  in  street.  23  L.R.A. 
(N.S.)    638. 

§    7  6.  Spreading  disease. 

For  spreading  contagious  disease  by  method 
of  caring  for  patients.  13  L.R.A. 
(N.S.)    1190. 

§   7  7.  Nuisances. 

Power    of    municipality    as    to,    see   supra, 

§§  34-41. 
Nuisance  caused  by  pollution  of  water,  see 

infra,  §  89. 
Injunction  against  nuisance  maintained  by 

municipality,  see  Injunction,  §  27. 
Municipal  authority  as  defense  to  liability 

for  nuisance,  see  Nuisances,  §  27. 

For   authorizing   dangerous   nuisance,    such 

as  fireworks.     16  L.R.A.  395. 
Liability  for  licensing  a  nuisance.  32  L.R.A. 

(N.S.)    895. 
Criminal   responsibility  for  maintaining  or 

permitting     a     nuisance.       39     L.R.A. 

(N.S.)  411. 
Liabilitv  of,  for  failure  to  abate  a  nuisance. 

32   L.R.A.(N.S.)    890. 

§  78.  Dumping  ground;  garbage; 
ashes. 

Liability  for  nuisance  in  throwing  garbage 

on    surface.       43    L.R.A.  (N.S.)     1038; 

L.R.A.1915C,  747. 
For  injuries  resulting  from  use  of  dumping 

ground.     6  L.R.A. (N.S.)    1013. 
Fire  in  rubbish  dump  as  attractive  nuisance. 

L.R.A,1917F,  1036. 
Begin  with  this  hook,  on  every  law  question. 


MUNICIPAL  CORPORATIONS,  V.  g,  1— 

cont'd 
For  injuries  inflicted  by  servant  engaged  in 

removing  refuse.    5  L.R.A. (N.S.)   1005; 

39     L.R.A.(N.S.)      649;      L.R.A.1918C, 

1188. 

§  79.  For  false  imprisonment  and  un- 
lawful arrest. 

General  rule.  14  L.R.A.  792;  44  L.R.A. 
795. 

Application  of  the  maxim  Respondeat  su- 
perior.    44  L.R.A.  799. 

Liability  as  aflFected  by  ratification.  44 
L.R.A.  800. 

Reasons  for  the  rule.     44  L.R.A.  800. 

English  and  Canadian  decisions.  44  L.R.A. 
801. 

Arrest  and  imprisonment  under  invalid  or- 
dinance.   47  L.R.A.  593. 

§   80.  For  injuries  to  employees. 

Applicability  to  municipalities  of  Work- 
men's Compensation  Acts.  L.R.A. 
J918F,  190. 

Liability  for  injury  to  servant  in  connec- 
tion with  waterworks  system.  25 
L.R.A.(N.S.)  241;  52  •  L.R.A. (N.S.) 
466. 

Employees  of,  as  fellow  servants  in  common 
employment.     50  L.R.A.  436. 

Supervising  emplovees  of,  as  vice  principals. 
51  L.R.A.  582. 


2.  For  acts  of  officers  or  agents, 

§   81.  Generally. 

Liability  for  injury  in  highway  through 
negligence  of  employees,  see  Highways, 
§  60. 

For  torts  of  public  oflScers.  12  L.R.A. 
(N.S.)    537. 

For  acts  of  officers,  servants,  or  agents  gen- 
erally.    2  L.R.A. (N.S.)   147. 

Distinction  between  public  or  governmental 
and  private  or  corporate  functions  of 
muilicipality  as  aff"ecting  its  liability  in 
admiralty  for  torts  of  its  agents. 
L.R.A.1918A,  1079. 

Liability  of  municipality  for  injury  by  em- 
ployee engaged  in  removing  refuse.  5 
L.R.A.  (N.S.)  1005:  39  L.R.A.  (N.S.) 
649;  L.R.A.1918C,  1188. 

In  connection  with  its  lighting  plant.  43 
L.R.A.(N.S.)  862;  L.R.A.1915E, 
316. 

In  connection  with  waterworks.  23  L.R.A. 
(N.S.)   204. 

Liability  for  injuries  by  exhibition  conduct- 
ed by  its  officers  or  employees.  34 
L.R.A.(N.S.)    464. 

Liability  for  negligence  of  park  commission- 
er.    2  L.R.A. (N.S.)    147. 

Liability  of  eleemosynary  institution  main- 
tained by  municipality  for  personal  tort 
of  agent  or  servant.  4  L.R.A.(N.S.) 
269. 

Liability  of  municipality  for  acts  of  its 
officers  in  removing  trespassers  from 
public  grounds.     35  L.R.A. (N.S.)    435. 


INDEX  TO  L.R.A.  NOTES. 


965 


MUNICIPAL  CORPORATIONS,  V.  g,  2— 

cont'd 
Liability   for   negligence   or   other    tort   of 

keeper  of  municipal  prison.     25  L.R.A. 

(N.S.)   180;  52  L.R.A.(N.S.)   943. 
Liability  of  municipality  for  negligence  of 

bridge    tender.      45    L.R.A.(N.S.)     98: 

L.R.A.1915F,  1062. 
Liability  of  municipal  corporation  for  tres- 
pass   on    private    property    where 
committed      in      connection      with 
streets.     L.R.A.1916D,  1086. 
Liability  for  injuries  to  health   from  com- 
pulsory vaccination.     L.R.A.1916B,  918. 
Liability  for  damages  from  enforcement  of 

quarantine.     L.R.A.1918E,  437. 

§  82.  Police  officers. 

Liability  of  city  for  acts  of.  14  L.R.A.  792; 
15  "L.K.A. '783. 

Municipal  liability  for  torts  of.  12  L.R.A. 
(N.S.)  537;  42  L.R.A.  (N.S.)  915; 
L.R.A.1915E,  460. 

Liability  of  municipality  for  acts  not  essen- 
tially police  functions  but  connected 
therewith.     17   L.R.A.(N.S.)    741. 

§   83.  Fire  department. 

Municipal  liability  for  acts  or  negligence  of 

members  of  fire  department.     15  L.R.A. 

781;    4    L.R.A.(N.S.)    629;    44    L.R.A. 

(N.S.)  68. 
Liability  of  municipal  corporation  for  tort 

in  connection  with  fire  house.  25  L.R.A. 

(N.S.)   94. 

§   84.  In  instituting-  legal  proceedings. 

Liability  for  wrongful  legal  proceedings  in- 
stituted by  its  officers  for  its  bene- 
fit.    32  L.R.A.(N.S.)  34. 

3.  For  acta  of  licensees  or  independent 

contractors. 

§   85.  Generally. 

For   acts  of   independent  contractor.        14 

L.R.A.  833. 
Liability  for  condition   of  highway  due  to 

acts     of     independent    contractor.     66 

L.R.A.  126. 
Liability  for  acts  of  independent  contractor 

in  connection  with  waterworks  system. 

25  L.R.A.  (N.S.)   242;   52  L.R.A.  (N.S.) 

467. 

4.  As    to    drains,    sewers,    and    waters 

generally. 

8  86.  Injury  to  person  by  drains  and 
sewers. 

Extent  of  liability,  see  Damages,  §  78. 

Liability  for  open  gutter  or  drain  in  high- 
way causing  injury  to  traveler.  61 
L.R.A.  706;  L.R.A.i916F,  708. 

Municipal  liability  .for  injury  by  holes,  and 
openings  in  streets  for  sewer  purposes. 
20  L.R.A.(N.S.)   631. 

Duty  to  guard  drainage  ditch  along  side- 
walk.    27   L.R.A. (N.S.)    1169. 

For  death  or  sickness  caused  by  sewage  or 
drainage.     22  L.R.A.  (N.S.)    940. 

Consult  also  L.R.A.  Digests  of  Cases. 


MUNICIPAL  CORPORATIONS,  V.  g,  4— 

cont'd 
§   87.  Injury  to  property  by  drains  and 

sewers. 

Liability  for  injuries  by  drains  and  sewers. 
61  L.R.A.  701;  20  L.R.A.  (N.S.) 
627. 

Duty  and  liability  of  municipality  with  re- 
spect to  drainage.     61   L.R.A.  673. 

Liability  for  injuries  to  property  from 
sewerage  system  not  constructed  accord- 
ing to  any  plan  adopted  by  competent 
authorities,  or  constructed  upon  a  de- 
fective plan.     1  L.R.A.(N.S.)   952. 

Liability  for  changing  course  of  drainage 
to  injury  of  private  property.  5  L.R.A. 
(N.S.)    831;    30   L.R.A.  (N.S.)    619. 

Liability  of  counties  for  injury  to  real  prop- 
erty from.     39  L.R.A.  69. 

Liability  for  abandonment  of  surface  water 
drain.     65  L.R.A.  286. 

Duty  of  owner  to  protect  his  premises  from 
ilooding  through  drain  or  sewer.  L.R.A. 
1918D,  371. 

Parties  defendant  in  action  against  munici- 
pality for  breach  of  duty  as  to  drain- 
age.    61  L.R.A.  711. 

§   88.  — obstruction  or  overflow. 

Municipal  liability  for  obstruction  of.  65 
L.R.A.  275. 

Municipal  liability  for  over-flow  of  stream 
used  by  it  as  a  sewer.  3  L.R.A. (N.S.) 
1053. 

Measure  of  damages  recoverable  from  mu- 
nicipality for  overflow  from  defective 
sewer.     29  L.R.A.  (N.S.)  860. 

§  89.  —pollution  of  waters  by. 

Injunction  against  city's  drainage  into 
water  course.     23  L.R.A.  301. 

Right  of  municipal  corporation  to  drain 
sewage  into  waters.  48  L.R.A. 
691;  61  L.R.A.  694;  20  L.R.A. 
(N.S.)  1050;  47  L.R.A. (N.S.)   137. 

Prescriptive  right  of  municipality  to  pol- 
lute streams  with  sewage  or  other 
harmful  substance.  25  L.R.A.  (N.S.) 
589. 

Right  of  municipality  held  liable  for  pollu- 
tion of  stream  to  recover  indemnity  or 
contribution  from  one  responsible  there- 
for.    40  L.R.A.(N.S.)    1165. 

Liability  of  municipality  for  failure  to  pre- 
vent pollution  of  stream  by  others. 
L.R.A.1918B,  471. 

Legislative  authority  as  defense.  1  L.R.A. 
(N.S.)  124. 

§  90.  Waters,    generally. 

Power  of  city  as  to,  see  supra,  §  28. 
Pollution  of  waters  with  sewage,  see  supra^ 

§  89. 
Liability   for    injury   by    embankment,    see 

Embankment,  §  2. 

Right  of  municipal  corporation  in  respect 
of  percolating  waters.  L.R.A.1917F, 
691. 

For  damming  back  water  of  stream.  59 
L.R.A,  853. 


966 


INDEX  TO  L.R.A.  NOTES. 


MUNICIPAL  CORPORATIONS,  V.  g,  4— 
cont'd 

Municipal  liability  for  interference  with 
streams  by  defective  plan  for  street 
construction.   •  67  L.R.A.  258, 

Liability  for  obstructing  or  destroying 
rights  of  navigation.     59  L.R.A.  78. 

Liability  of  municipality  for  confining  flood 
water  within  banks  of  stream  to  injury 
of  riparian  owners.  26  L.R.A.  (N.S.) 
199. 

Liability  of  municipality  for  damages  by 
changing  the  channel  or  course  of  a 
stream.     47  L.R.A. (N.S.)   470. 

§  91.  Surface  waters. 

Duty  to  care  for.     65  L.R.A.  250. 
Negligent  or  wrongful  acts.     65  L.R.A.  261. 

Changing  course  of  drainage.  65 
L.R.A.  261;  5  L.R.A. (N.S.)  831; 
29  L.R.A.(N.S.)    126. 

Obstruction.     43  L.R.A. (N.S.)   792. 
Acquiring    right    of    way    for     drain.     65 

L.R.A.  273. 
Plans.     65  L.R.A.  274. 
Obstructed  drains.     65  L.R.A.  275. 
Unusual  storms.     65  L.R.A.  277. 
Right   and   duty   of   individual.     65   L.R.A. 

277. 
Nuisances.     65  L.R.A.  280. 
Embankments.     65  L.R.A.  281. 
Remedy.     65  L.R.A.  281. 
Abandonment  of  drain.     65  L.R.A.  286. 

§  92.  — injuries  due  to  defects  in 
street. 

Measure  of  damages  recoverable  from  mu- 
nicipality for  overflow  from  defective 
street.     29  L.R.A.(N.S.)    860. 

Municipal  liability  for  injury  to  property 
rights  by  surface  water  due  to  defective 
plan  of  street  construction.  67  L.R.A. 
260. 

Liability  of  municipal  corporation  for  dam- 
ming back  surface  water  by  grading  of 
streets.  65  L.R.A.  250;  29  L.R.A. 
(N.S.)    126. 

§  93.  Water  plant. 

Liability  of  water  company,  see  Watebs,  §§ 
118^,  119. 

Municipal  liability  for  tort  in  connection 
with  waterworks  system.  61  L.R.A. 
58;  25  L.R.A. (N.S.)  239;  52  L.R.A. 
(N.S.)   465;  L.R.A.1918F,  1005. 

Liability  of  municipality  operating  a  water- 
works system,  for  breach  of  duty  to 
consumer.     42  L.R.A.(N.S.)   286. 

Liability  of  municipal  corporation  in  re- 
spect of  use  of  percolating  waters  for 
water  supply.    L.R.A.1917F,  691. 

§  94.  — lack  of  water  to  extinguish 
fire. 

Liability   of  water   company,    see   Waters, 

§  119. 
For  lack  of  water  to  extinguish  fire.       23 

L.R.A.    146;    61    L.R.A.   95;    25    L.R.A. 

(N.S.)    239;  36  L.R.A.  (N.S.)    1045:   52 

L.R.A.(N.S.)     402,    466;     L.R.A.1918F, 

1005. 


Begin  -with  this  hook,  on  every  law  question. 


MUNICIPAL  CORPORATIONS,  V.  g— 
cont'd 

5.  As  to  streets,  bridges,  and  paries. 

§   95.  Streets. 

Power  of  city  as  to,  see  supra,  §  27. 

Injury  by  water  due  to  defective  street,  see 
supra,  §  92. 

Liability  for  injuries  to  property  in  im- 
proving streets,  see  Highways,  §  47a. 

Liability  for  injuries  in  grading  street,  see 
Highways,  §§  50,  51. 

Liability  for  changing  grade  of  street,  see 
Highways,  §§  52,  53. 

For  injury  by  defects  or  obstruction  in 
streets,  see  Highways,  §§  57-77. 

Liability  for  injuries  from  permitting  or 
failure  to  prevent  improper  use  of 
street,  see  Highways,  §§  76,  77. 

Recovery  over  by  municipality  for  injury 
due  to  defects  in  street,  see  Highways, 
§  95. 

Liability  of  municipality  for  temporarily 
interfering  with  access  to  property  in 
making  improvements.  46  L.R.A. 
(N.S.)   620. 

Liability  of  municipal  corporation  for  tres- 
pass on  private  property  where  com- 
mitted in  connection  with  streets. 
L.R.A.1916D,  1086. 

Liability  for  failure  to  prevent  riot  in 
street.     23  L.R.A. (N.S.)   638. 

For  permitting  animals  in  streets.  27 
L.R.A.  728. 

For  fire  set  by  sparks  set  from  steam  roller 
engaged  in  repairing  street.  6  L.R.A, 
(N.S.).  1094;  20  L.R.A. (N.S.)   654. 

Injunction  against  municipality  to  prevent 
removal  of  lateral  or  subjacent  support 
of  land  in  laying  out  street.  68  L.R.A. 
698. 

Injury  to  one  Avhile  coastins  in  street.  42 
L.R.A.(N.S.)    865;  L.R.A.1918F,  782. 

§   9  6.  Bridges. 

See  Bkidges,  §§  5,  6. 

§9  7.  Parks. 

Liability  for  injuries  through  unsafe  con- 
ditions in  parks  or  public  grounds  other 
than  streets.  33  L.R.A. (N.S.)  523; 
L.R.A.1915G,  435. 

Municipal  liability  for  defects  or  obstruc- 
tions in  paths  in.  20  L.R.A. (N.S.) 
574. 

Municipal  liability  for  defects  or  obstruc- 
tions in  park  strips,  or  sides  of  streets. 
20  L.R.A.  (N.S.)  593:  40  L.R.A.  (N.S.) 
94;  L.R.A.1918D,  814. 

For  negligence  of  park  commissioners.  2 
L.R.A.(N.S.)   147. 

6.  As  to  buildings;  prison. 

§   98.  Buildings,  generally. 

Municipal  liability  for  defects   or   obstruc- 
tions  in   passageways   in   public  build- 
ings.    20   L.R.A. (N.S.)    573. 
Liability  of  municipal  corporation  for  tort 
in  connection  witii  buildings  used 
by  it.    25  L.R.A.  (N.S.)   88. 


INDEX  TO  L.R.A.  NOTES. 


967 


MUNICIPAL  CORPORATIONS,  V.  g,  6— 

cont'd 
Municipal  liability  for  injuries  from  defects 

in    buildinfj    used    for    convenience    or 

pleasure     of     its     inhabitants.      L.R.A. 

1917E,  695. 
City  or  townliall  or  courthouse.     25  L.R.A. 
(N.S.)    91. 

§    99.  Prisons. 

Liability  for  injury  to  person  in  jail  or 
prison,  see  Jails  and  Pkisons,  §§  2,  3. 

Liability  for  tort  of  keeper  or  inmate  of, 
see "^ Jails  and  Prisons,  §  4. 

Liability  for  injury  to  neighboring  prop- 
erty from  maintenance  of  prison.  34 
L.R.A.(N.S.)    361. 

7.  Failure  to  enforce  ordinance. 

§    100.  Generally. 

Liability  for  failure  to  enforce  health  or- 
dinance.    12  L.R.A.(N.S.)    638. 

S.  Enforcement  of  void  ordinance. 

§    101.  Generally. 

For  arrest  and  imprisonment  under  invalid 
ordinance.     47   L.R.A.   593. 

Liability  for  attempt  to  enforce  void  ordi- 
nance regulating  the  business  or  con- 
duct of  those  within  its  liiuits.  18 
L.R.A.(N.S.)  409;  34  L.R.A.  (N.S.) 
141. 

gg,  Critninal  liahility. 

§   101a.  Generally. 

Criminal  responsibilitv  of  a  municipal  cor- 
poration.    43  L.R.A. (N.S.)    954. 

h.  Claims   against   or  in   favor   of. 

1.  Claims  against. 

§    102.  Generally. 

Interest  on,  see  Interest,  §  18. 
Mandamus  to  compel  payment  of,  see  Man- 
damus, §  8. 

Power  of  legislature  to  compel  payment  by 
municipal  corporations  of  nonlegal  de- 
mands.    L.R.A. 1915D,  927. 

Statute  requiring  municipality  to  pay  claim 
against  it  as  an  invasion  of  powers  of 
judiciary.    L.R.A.1917E,  827. 

Constitutionality  of  retroactive  statute  cre- 
ating right  of  action  against  municipal 
corporations.     52  L.R.A.  940. 

Right  of  municipal  corporation,  county,  or 
town  authorities  to  reconsider  action 
as  to  allowance  of  claim.  21  L.R.A. 
(N.S.)   289. 

Right  of  creditor  of  taxing  district  to  in- 
voke aid  of  court  to  obtain  satisfac- 
tion of  debt,  where  ordinary  remedies 
not  available.     32  L.R.A. (N.S.)    1020. 

Right  to  go  behind  judgment  against  mu- 
nicipality in  mandamus  proceedings  to 
enforce  same.     9  L.R.A. (N.S.)    1002. 

Acceptance  of  partial  allowance  of  claim 
as  an  accord  and  satisfaction.  42 
L.R.A.(N.S.)    119. 

Consfult  also  L.R.A.  Digests  of  Cases. 


MUNICIPAL  CORPORATIONS,  V.  h,  1— 

cont'd 
§    103.  Presentation   of. 

Character  of  claims  within  statute  or  ordi- 
nance requiring  presentation  as  a  condi- 
tion of  municipal  liabilitv.  50  L.R.A. 
(N.S.)    174. 

§    104.  Notice  as  condition  of  liability. 

As  condition  of  liability  for  injury  in  street 
or  highway,  see  Highways,  §§  106, 
107. 

Does  time  of  notice  as  condition  of  munici- 
pal liability  begin  to  run  from  the  ac- 
cident or  from  the  injury  or  death. 
40  L.R.A. (N.S.)    749. 

§   105.  —sufficiency  of. 

In  case  of  injurj'  by  defective  street,  see 
Highways,  §  107. 

Sufficiency  of  description  of  injury  in  no- 
tice.    20   L.R.A.  (N.S.)    804. 

May  injured  person's  place  of  residence  be 
required  to  be  stated  in  notice  of  ac- 
cident or  injury.    20  L.R.A. (N.S.)  938; 

35  L.R.A. (N.S.)    840. 

Upon  whom  may  notice  of  injury  or  claim 
against  municipality  be  served.  46 
L.R.A.(N.S.)   167. 

§    106.  — necessity   for. 

Validity  of  requirement  of  notice  of  injury 
as   a   condition   of   municipal   liabilitv. 

36  L.R.A.(N.S.)    1136. 

Character  of  claims  within  statute  or  ordi- 
nance requiring  notice  or  presenta- 
tion  as   a   condition  of   municipal 
liability.     50  L.R.A. (N.S.)   174. 
Necessity  of  written  notice  as  to  defect  as 
condition  of  liability  of  municipal  cor- 
poration   for    injuries   due   to    positive 
act    of    its    officers    or    servants.      23 
L.R.A.(N.S.)    282.- 
Lack  of,  as  defense  to  municipal  liability 
for  injury  by  obstruction  of  drains  or 
sewers.     61  L.R.A.  710. 

§    107.  — excuse  for  failure  to  give. 

Physical  or  mental  incapacity  as  an  excuse 
for  failure  to  give  notice  of  injury 
required  as  a  condition  of  munici- 
pal liability.    32  L.R.A.(N.S.)  350. 

2.  Claims  in  favor  of. 

§    108.  Generally. 

Presumption  of  pavment  from  lapse  of  time. 

L.R.A.1916B,  '739. 
Right  to  surrender  valid  claim  upon  a  par- 
tial  payment   thereof.      19   L.R.A. 
(N.S.)   320. 
Right  of  taxpayer  to  maintain  suit  to  en- 
force claim  of.    14  L.R.A. (N.S.)  298. 

i.  Taxation. 

§   109.  Generally. 

Delegation  of  power  of  taxation  to  munici- 
pal authorities.  15  L.R.A. (N.S.) 
62. 


968 


INDEX  TO  L.R.A.  NOTES. 


MUNICIPAL  CORPORATIONS,  V.  i— cont'd 
Liability  of  municipality  for  wrongful  pro- 
ceedings instituted  by  its  officers  to  col- 
lect taxes.     32  L.R.A.(N.S.)   37. 

§   109a.  For  what  purposes. 

Assessments   for   public   improvements,    see 

Public  Impbovements,  IV. 
Municipal  assessment  of  state  property  for 

local    improvements,    see    Public    Iai- 

PBOVEMENTS,    §    18. 

As  to  taxation,  generally,  see  Taxes. 
Tax  on  property  of,  see  Taxes,  §§  31,  32. 

To  defray  cost  of  municipal  waterworks.  61 
L.R.A.  50. 

Validity  of  ordinance  authorizing  th*  levy- 
ing of  taxes  for  two  or  more  purposes. 
14  L.R.A.(N.S.)   519. 

§   110.  What  taxable. 

Municipal  taxation  of  rural  lands  within 
corporate  limits,  see  Taxes,  §  22. 

Power  of  city  to  extend  exercise  of  tax- 
ing power  beyond  corporate  limits.  15 
L.R.A.  (N.S.)  294;  L.R.A.1918C,  528. 

Taxation  of  property  of  anotlier  municipal- 
ity or  state.    50  L.R.A. (N.S.)  243. 

Bicycles  as  subject  of  taxation  by  munici- 
palities.    47  L.R.A.  304. 

§  111.  Power  of  iminicipality  to  ex- 
empt property   from  taxation. 

In  general.    15  L.R.A.  860;  29  L.R.A. (N.S.) 

183. 
Legislative    authority   for   exemptions.      15 

L.R.A.  861. 
Exemption  for  a  consideration.     15  L.R.A. 

861. 


VI.  Officers  and  employees, 

§    112.  Generally. 

Acts  of  city  council,  see  supra,  V.  c. 
Liability  of  municipality  for  acts  of,   see 

supra,  §§  81-84. 
Validity  of  contract  with,  see  Contbacts, 

§§  99-101. 
Recall  of  municipal  officers,  see  Initiative, 

Refeeendum,  and  Recall,  §  2. 
As  to  officers  generally,  see  Officebs. 
Officers  of  town,  see  Towns,  §§  8-10. 

By-law  to  compel  acceptance  of  office.  24 
L.R.A.  492. 

As  public  officers.     17  L.R.A,  247. 

Powor  of  legislature  as  to.     48  L.R.A.  479. 

Statutes  conferring  powers  on  municipali- 
ties or  counties  in  respect  to  their  of- 
ficers as  a  delegation  of  legislative  pow- 
er.    L.R.A.1916D,  921. 

Validity  of  limitation  of  hours  of  labor  on 
public  works.  8  L.R.A. (N.S.)  131;  24 
L.R.A.(N.S.)  201;  34  L.R.A.  (N.S.) 
767. 

Right  of  municipal  officer  not  specially 
named  to  maintain  action  for  libel  or 
slander  based  on  charges  against  group 
of  such  officers.     23  L.R.A.(N.S.)    728. 

Report  by,  as  privileged  communication.  5 
L.R.A.(N.S.)    163. 

Begin  with  this  hooTc  on  every  law  question. 


MUNICIPAL  CORPORATIONS,  VI.— cont'd 

Competency  as  witnesses  of  officers  of  and 
residents  in  municipal  corporation  in 
suit  between  municipality  and  a  person- 
al representative.    27  L.R.A,  (N.S.)  821. 

Disqualification  of  city  officers  to  serve  as 
commissioners  or  jurors  in  eminent 
domain  proceedings.  47  L.R.A. (N.S.) 
166. 

Character  and  extent  of  relief  by  mandamus 
against  officer  who  lias  rendered  a  de- 
cision on  a  ground  not  within  his  dis- 
cretion.    7  L.R.A. (N.S.)   525. 

Denial  on  information  and  belief  of  mat- 
ters within  knowledge  of  municipal  of- 
ficers.    30  L.R.A.(N.S.)    779. 

Duty  of  municipal  officer  to  account  for 
profits  made  in  transaction  with  mu- 
nicipality.    48  L.R.A. (N.S.)    842. 

Action  against  officers  of  cities  as  action 
against  the  state.  44  L.R.A.  (N.S.) 
199. 

Parol  evidence  to  Vary  or  supplement  rec- 
ords of  municipal  council  or  other  offi- 
cers.   50  L.R.A.(N.S.)  99. 

§    113.  Who   are.  , 

Who  are  public  officers  generally,  see  Offi- 
cebs, §  2. 

Who  are  city  officers.     14  L.R.A.  646. 

§    114.  Deputies. 

As  to  deputies  generally,  see  Deputy. 

Implied  power  of  municipal  corporation  to 
create  the  office  of  deputy  or  assistant 
to  an  incumbent  of  an  office  which  is 
expressly  authorized.  26  L.R.A. (N.S.) 
660. 

§    115.  Appointment. 

Appointment  of  officers  generally,  see  Of- 
ficebs, §§  10-14. 

May  appointment  of  municipal  officers  be 
constitutionally  delegated  to  courts  or 
judges  thereof.     19  L.R.A. (N.S.)   579. 

§    116.  Term. 

Term  of  office  generally,  see  Officebs,  §  16, 

Power  of  board  to  appoint  officer  for  term 
extending  beyond  its  own  term.  29 
L.R.A.(N.S.)   652;   L.R.A.1915E,  581. 

Power  of  municipal  board  or  committee  to 
employ  one  of  its  own  members  as 
counsel,  or  to  render  other  special  serv- 
ice.    3  L.R.A.(N.S.)    849. 

§    117.  Removal. 

Removal  of  officers  generally,  see  Officebs^ 

§§  22-24. 
Of  town  officers,  see  Towns,  §  10, 

Right  to  remove  summarily.  15  L.R.A. 
95. 

Power  to  remove  officer  in  absence  of  stat- 
utory authority.     9  L.R.A.  (N.S.)    572, 

Is  power  conferred  upon  municipality  to 
remove  its  officers  exclusive.  20  L.R.A. 
(N.S.)    1128. 


INDEX  TO  L.R.A.  NOTES, 


969 


MUNICIPAL  CORPORATIONS,  VI.— cont'd 
Power  of  municipality  to  remove  officer  in 

absence    of    statutory    authority.      39 

L.R.A.(N.S.)   519. 

§   118.  Contest  of  title. 

Contest  of  title  to  office  generally,  see  Of- 
ficers, §  27. 

Provision  for  testing  election  of,  before  city 
council  or  other  municipal  body  as  ex- 
clusive of  remedies  in  the  courts.  26 
L.R.A.(N.S.)    207. 

§    119.  Powers. 

Of  council,   see  supra,  V.  c. 

Power  to  make   contract  extending  beyond 

term  of  office,  see  supra,  §  55. 
Power  to  make  contract  in  whicli  they  are 

personally    interested,    see    Conteacts, 

§  100a. 
Powers  of  officers  generally,  see  Officebs, 

§§  28-30. 
Of  town  officers,  see  Towns,  §  9. 

Power  to  act  as  determined  by  place  of  per- 
formance.    33  L.R.A.  86. 

Validity  of  ordinance  granting  discretion 
to  "officials.     1  L.R.A.(N.S.)   940. 

8    120.  Compensation. 

Compensation  of  officers  generally,  see  Of- 
ficers, §§  31-37,  44. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  payment  of  illegal  fees  and  sal- 
aries to  officers.     36  L.R.A. (N.S.)    11. 

Right  of  municipal  employee  to  recover  for 
extra  work  done  on  Sunday.  30  L.R.A. 
(N.S.)    660. 

Exemption  of  salary  of  municipal  officer. 
54  L.R.A.  573. 

Power  of  legislature  to  require  municipality 
to  pension  employees.'  34  L.R.A.  (N.S.) 
608. 

§    121.  Liability. 

Liability  of  officers  generally,  see  Officebs, 
§§  .38-42. 

Personal  liability  to  other  contracting  party 
of  one  who,  without  autliority,  assumes 
to  contract  as  agent  for  a  municipal- 
ity.    34  L.R.A.(N.S.)   523. 

§    122.  De  facto  officers. 

De  facto  officers  generally,  see  Officers,  §§ 
37,  43,  44. 

De  jure  office  as  condition  of  de  facto  offi- 
cer.   15  L.R.A. (N.S.)   105. 


MUNICIPAL  COURTS. 

May  judges  of,  be  vested  or  burdened  with 
powers  or  duties  of  a  nonjudicial  char- 
acter.   19L.R.A.(N.S.)  615. 


MUNICIPAL  PLANTS. 

See    Municipal    Cobpobations,    §§    68-70. 
Consult  also  L.R-A.  Digests  of  Cases. 


MURDER. 


■>>> 


See  Homicide. 


MURDERER. 


Descent  of  property  to,  see  Descent  and 
Distribution,  §  8. 


MUSEUM. 


Occupancy  of  curator  of.     4  L.R.A. (N.S.) 

705. 


MUSIC. 

Instruction  in,  as  a  necessary  for  an  in- 
fant.    42  L.R.A.(N.S.)    1115. 

Power  to  prescribe  teaching  of,  in  public 
schools.     47  L.R.A.(N.S.)   203. 

Perforated  rolls  and  wax  cylinders  as  in- 
fringement of  copyright  of  sheet  music. 
2  B.  R.  C.  91. 


MUSICAL  COMPOSITIONS. 

Employer's  right  to  musical  compositions 
composed  by  employees.  6  L.R.A. 
(N.S.)    1189. 


♦  •» 


MUTILATED   COIN. 

Tender  of.     33  L.R.A.  824. 


♦-•-♦ 

MUTILATED  CURRENCY. 

Character  or  condition  of  currency  that 
mav  be  tendered  in  payment  of  fare. 
35"L.R.A.(N.S.)    1030. 


MUTILATION. 


Of  corpse,  see  Corpse,  §  3. 

Revocation  of  wills  by,  see  Wills,  §§  39, 
40. 

Mental  suffering  arising  from  contemplation 
of,  as  element  of  damages  for  personal 
injuries.     15  L.R.A.(N.S.)    775. 

In  books  of  account  as  affecting  admissi- 
bility in  evidence.    52  L.R.A,  575. 

Liability  for  mutilation  or  spoliation  of 
will.     L.R.A.1917B,  558. 


MUTINY. 

Prosecutions  under  the  Espionage  Act  of 
June  15,  1017.  for  attempting  to  cause. 
L.R.A.1918F,  410. 


970 


INDEX  TO  L.R^.  NOTES. 


MUTUAIi  ACTIONS. 

For  specific  performance  of  agreement  to 
permit  maintenance  of  license  on  land 
of  another.     49  L.R.A.  613. 


MUTUAL  AGREEMENTS. 

As  defense  to  promissory  note.     43  L.R.A, 
467. 


MUTUAL   BENEFIT   ASSOCIATION. 

In  general,  see  Benefit  Societies. 
Insurance  by,  see  Insurance. 


MUTUAL   COMBAT. 

Eflfect  on  civil  liability  for  assault  of  fact 
that  combat  was  by  mutual  consent 
of  parties.     20  L.R.A.(N.S.)    907. 

Right  to  set  up  self-defense  in  case  of.  45 
L.R.A.  704. 

Homicide  while  engaged  in.  63  L.R.A. 
384;  45  L.R.A.  (N.S.)   646 

Insulting  vvords  or  conduct  as  provocation 
to  homicide  where  mutual  combat  re- 
sults.    4  L.R.A.(N.S.)   357. 


MUTUAL    COMPANIES. 


Mutual  insurance  campanies,  see  Insurance. 

Taxation   of   capital   stock   of.     58    L.R.A. 
525. 


MUTUAL  CONSENT. 

To  rescission  or  abandonment  of  contract. 
30  L.R.A.  40. 


*-»-f^ 

MUTUAL  COVENANTS. 

Who  may  enforce  mutual  covenants  con- 
taining restrictions  as  to  use  of  prop- 
erty. 37  L.R.A.(N.S.)  25;  L.R.A. 
19i7A,  330. 


MUTUAL  CREDITS. 

Right  of  set-ofif  in  case  of.     17  L.R.A.  461. 
4  >  » 

MUTUAL  DEBTS. 

Right  of  set-off  in  case  of.     17  L,R.A.  461. 


MUTUAL  INSURANCE  COMPANY. 

See  Insurance. 

♦-»-♦ 


MUTUALITY. 

Of  contract,  generally,  see  Contracts,  §  18. 

Of  claims  as  essential  to  right  of  set-off, 
see  Set-Off  and  Counterclaim,  §  6. 

As  condition  of  right  to  specific  perform- 
ance of  contract,  see  Specific  Perform- 
ance, §§  21,  22. 

Of  duty  to  request  arbitration  of  insurance 
laws.     15  L.R.A.  (N.S.)    1067. 

Necessity  of  mutuality  of  claims  wliich  aro 
the  subject  of  an  account  stated.  45 
L.R.A.(N.S.)    537. 


MUTUAL   TELEPHONE   COMPANIES. 

As  public  utilities.    L.R.A.1918C,  827. 


MUTUAL    VITUPERATION. 

Effect  of,   on   right  to  recover  for   libel   or 
slander,  see  Libel  and  Slander,  §  39. 


MUTUAL   WILLS. 

See  Wills,  §§  6,  35,  49. 


N 


NAIL. 


Master's  liability  for  injuries  sustained 
by  servant  from  falling  over  nail  pro- 
j6cting  from  floor.  19  L.R.A. (N.S.) 
242. 

Begin  tvith  this  took,  on  every  law  question. 


NAME. 

/.  Of  persons,   §§  1-18. 

a.  In  general,  §§  1-13. 
6.  MistaTce     in ;     omission     of; 
idem  sonans,  §§  14-16. 


INDEX  TO  L.R.A.  NOTES. 


971 


NAME,  I.— cont'd 

c.  Use   of  name   in  connection 
with  business,  §§  17,  JS. 
II.  Of  articles  or  things,   §   19. 

I.  Of  persons, 

a.  In  general, 

%   1.  Generally. 

On  official  ballots,  see  Elections,  §  19a. 
Nickname,  see  Nickname. 

Validity  and  enforceability  of  contract  in 
consideration  of  naming  child.  51 
L.R.A.(N.S.)    1108. 

Form  of  Christian  name  required  by  re- 
cording  acts.      24   L.R.A.   543. 

OT  locator  in  record  of  mining  claim.  7 
L.R.A.(N.S.)    868. 

Under  what  surname  may  action  be 
brought.     2  L.R.A.(N.S.)    1089. 

Of  person  summoned  as  grand  juror.  27 
L.R.A.  780,  783. 

Character,  as  creating  a  condition  precedent 
or  subsequent,  of  testamentary  provi- 
sion that  beneficiary  shall  assume  or 
use  a  certain  name.     7  B.  R.  C.  192. 

Implied  or  apparent  authority  as  to  filling 
in  blank  left  for  the  name  of  the  payee 
in  commercial  paper.  L.R.A.1918D, 
1064. 

§   2.  Acquisition  and  use  of. 

Use  of,  in  connection  with  business,  see  in- 
fra, §§  17,  18. 

Form   of  the   Christian   name.     14  L.R.A. 

690. 
"Junior"  and  "Senior."     14  L.R.A.  691. 
Right  to  change  name.     14  L.R.A.  692. 
Business  name.     14  L.R.A.  693. 
Signature  and   indorsement  on   commercial 

paper.     14  L.R.A.  693. 
Name    for    carrying    on    suit.      14    L.R.A. 

694. 
Effect  on  criminal  prosecutions.     14  L.R.A. 

694. 
Use   of   abbreviations.      14   L.R.A.   694. 
Signature    of    Christian    names    by    their 

initials.      14   L.R.A.   694. 

§   3.  Abbreviations. 

Use  of.     14  L.R.A.  694. 

Abbreviation  of  officer's  name  in  acknowl- 
edgment.    14  L.R.A.  815. 

Use  of,  in  books  of  account,  as  affecting 
their  admissibility  in  evidence.  52 
L.R.A.  573. 

g   4.  Initials. 

To  show  official  character.     14  L.R.A.  815. 

Sufficiency  of,  in  signature.  14  L.R.A.  693, 
694. 

Signature  of  Christian  names  by  their  in- 
itials.    14  L.R.A.   691. 

SuflBciency  of  initials  as  signature  by  testa- 
tor.    L.R.A.1915D,  904. 

Use  of  initials  instead  of  Christian  name 
in  publication  of  process.  28  L.R.A. 
(N.S.)    436. 

EfTect  of  summons  or  notice  to  person  by 
wrong  initial.  15  L.R.A. (N.S.)  129; 
42  L.R.A.{N.S.)    151. 

Consult  also  L.R.A.  Digests  of  Cases. 


NAME,  I.  a— cont'd 

Certainty  and  accuracy  necessary  in  re- 
spect to,  in  record  or  index  relied  oa 
as  imparting  constructive  notice.  7 
L.R.A.{N.S.)  415;  25  L.R.A.(N.S.) 
1211;  L.R.A.1915D,  1211. 

Mistake  in  use  of  initials  in  conveyance  as 
affecting  marketability  of  title.  38 
L.R.A.(N.S.)   21. 

§   5.  Suffixes. 

Use  of  terms  "junior,"  and  "senior."  14 
L.R.A.  691. 

§   6.  Maiden  name. 

Publication  of  process  against  married  wom- 
an in  her  maiden  name.  19  L.R.A. 
(N.S.)  984. 

§   7.  Alias. 

Necessity  of  proving  that  person  bore  both 
real  name  and  the  alias  by  which  the 
indictment  purports  to  describe  him. 
30   L.R,A.(N.S.)    134. 

§   8.  Fictitious  or  assumed  name. 

In  negotiable  instrument,  see  Bills  and 
Notes,  §  13. 

Use  of  fictitious  name  as  affecting  validity 
of  instrument.     39  L.R.A.  423. 

Right  of  individual  to  transact  business 
and  make  contracts  under  an  assumed 
name.     L.R.A.1915D,  982. 

What  name  or  designation  are  within  stat- 
utes requiring  the  filing  of  a  certificate 
giving  certain  information  regarding 
a  business  conducted  under  an  assumed 
or  fictitious  name  or  a  designation  not 
showing  the  names  of  the  persons  in- 
terested.     L.R.A,1916D,   355. 

Validity  of  contracts  made  by  individual 
or  partnership  under  an  assumed  name 
in  violation  of  statute.  L,R.A.1915D, 
988. 

Validity  of  sale  by  one  conducting  business 
under  fictitious  name.  12  L.R.A. (N.S.) 
600. 

Sufficiency  of  assumed  name  as  signature  to 
will.      L.R.A.1915D,    904. 

§   9.  Business  name. 

Doing  business  under  fictitious  or  assumed 
name,  see  supra,  §  8. 

Acquisition  of  business  name  by  individual. 
14  L.R.A.  693. 

Liability  of  one  who  sells  business  for  sup- 
plies subsequently  furnished  therefor 
on  credit  while  it  is  being  conducted 
under  the  same  name.  L.R.A.1915F, 
711. 

Liability  of  principal  adopting  agent's  oth- 
er name  as  business  name  on  paper 
executed  by  him.  21  L,R.A.(N.S.) 
1076. 

§10.  Partnership  name. 

Doing  business  under  fictitious  or  assumed 
name,  see  supra,  §  8. 

May  a  partnership  sue  or  be  sued  in  the 
firm  name.     29  L.R.A. (N.S.)   282. 


972 


INDEX  TO  L.R.A.  NOTES. 


NAME,  I.  a— cont'd 

Validity  of  constructive  service  upon  part- 
nership in  firm  name.    29  L.R.A.(N.S.) 

287. 

§    11.  Identity. 

Presumption  of  identity  from.     17  L.R.A. 

824. 
Identity   of   name   as   evidence   of    identity 
of  person  in  criminal  cases.     4  L.R.A. 
(N.S.)    539. 

§    12.  Change  of. 

Right  to  change  name.  14  L.R.A.  692; 
L.R.A.1915D,  982. 

Effect  upon  common-law  right  to  change 
one's  name  of  statutes  providing  for 
such  change  by  judicial  proceedings. 
26  L.R.A.(N.S.)    1167. 

Changing  name  of  payee  of  note  as  a  ma- 
terial alteration.     L.R.A.1915A,  166. 

As  interrupting  statute  of  limitations.  39 
L.R.A.(N.S.)    741. 

§    13.  In  indictment. 

Necessitj'  in  indictment  for  forgery,  or  ut- 
tering forged  instrument,  of  naming 
person  to  whom  instrument  was 
passed.     31   L."R.A.(N.S.)    1046. 

Variance  as  to  name  of  deceased  as  ground 
for  reversal  in  homicide.  38  L.R.A. 
(N.S.)    187. 


b.  Mistake   in;   omission   of;   idem 
sonans. 

§   14.  Mistake  in,  generally. 

Mistake  in  name  in  writ  or  process,  see 
Wbit  and  Process,  §§  5,  6. 

Effect  of  misnaming  estate  in  granting  let- 
ters.    46  L.R.A.  (N.S.)   274. 

Correcting  by  second  deed  mistake  in  name 
of  grantee  in  first  deed.  44  L.R.A. 
(N.S.)    850. 

Mistake  as  to  name  of  juror  in  criminal 
case  as  ground  for  arrest  of  judgment, 
new  trial,  or  reversal.  47  L.R.A. (N.S.) 
714. 

Mistake  in  name  or  description  of  corpora- 
tion as  affecting  judgment  by  default 
against  it.    L.R.A.1916F,  728. 

Effect  of  mistake  in  name  of  pavee  in  ne- 
gotiable instrument.  22  L.R.A. (N.S.) 
506. 

Alteration  of  instrument  to  correct  mis- 
take in  designation  of  partv.  31  L.R.A. 
(N.S.)    127. 

Misnomer  of  parties  as  ground  for  attacking 
divorce  decree.    L.R.A.1917B,  439. 

Misnomer  of  trustees  in  charitable  bequest. 
14  L.R.A.(N.S.)  107;  37  L.R.A.(N.S.) 
1010. 

Misnomer  of  beneficiary  in  bequest  for  chari- 
ty or  religion.     37  L.R.A.(N.S.)    1010. 

Certainty  and  accuracy  necessary  in  re- 
spect of  Christian  names  or  initials  in 
record  or  index  relied  on  as  impart- 
ing constructive  notice.  7  L.R.A. 
<N.S.)  415;  25  L.R.A.(N.S.)  1211; 
L.R.A.1915D,  1211. 

Begin  irith  this  lioolc  on  evei'y  law  question. 


NAME,  I.  b— cont'd 

Liability   of   officer   for   making   arrest   by 

wrong  name.    51  L.R.A.  219. 
As    affecting    marketability    of    title.      38 

L.R.A. (N.S.)    21. 
Variance  as  to  name  of  deceased  as  ground 

for    reversal    in    homicide.      38    L.R.A. 

(N.S.)   187. 
Effect  of  misspelling  name  of  person  whose 

signature    is    charged    to    have    been 

forged.     27  L.R.A. (N.S.)    1003. 

§    15.  Oniisision  of. 

Effect  of  omission  of  name  in  replevin  bond 

after    it    has    served    its    purpose.      29 

L.R.A. (N.S.)    749. 
Omission  of  Christian  name  in  publication 

of   process.      11   L.R.A. (N.S.)    676;    28 

L.R.A.(N.S.)   436. 

§16.  Idem  sonans. 

Applicability  of  doctrine  of  idem  sonans  to 

interchange  of  "d"  and  "t."     18  L.R.A. 

(N.S.)    643. 
Applicability    of    doctrine    of    idem    sonans 

where   final    "s"    is   added   or   omitted. 

52  L.R.A. (N.S.)    937. 
Applicability  of  doctrine  of  idem  sonans  to 

substituted   or   constructive    service   of 

process.     30  L.R.A. (N.S.)    122;   L.R.A. 

1915B,  1149. 


c.  Use    of    name     in     connection    ivith 
business. 

§    17.  Generally. 

As  to  business  name,  see  supra,  §  9. 

As  part  of  good  will  of  business.  15  L.R.x», 
462. 

Right  of  one  selling  business  and  good  will 
to  use  similar  name  in  competing  busi- 
ness.    19   L.R.A.(N.S.)    765. 

Use  of,  as  infringement  of  common-law  right 
in  intellectual  productions.  51  L.R.A. 
378;  43  L.R.A.  (N.S.)   639. 

Right  to  use  of  name  on  expiration  of  copy- 
right or  patent.     16  L.R.A. (N.S.)   550. 

Right  of  action  for  use  of  name  for  adver- 
tising purposes.  24  L.R.A. (N.S.)  991; 
34  L.R.A.(N.S.)  1137;  L.R.A.1915C. 
839;  L.R.A.1918D,  1152. 

Provision  in  contract  with  independent  cou 
tractor  prohibiting  use  of  employer'* 
name.     65  L.R.A.  507. 

§  18.  Use  of,  as  trademark  or  tradb 
name. 

Trademark  generally,  see  Trademabk. 
Tradename  generally,  see  Tradename. 

Limitation  of  right  to  use  one's  own  name 
as  tradename.  1  L.R.A. (N.S.)  660; 
28  L.R.A.(N.S.)  934;  L.R.A.1916C,  255. 

Transferability  of,  as  trademark.  1  L.R.A. 
(N.S.)   711. 

Right  to  use  one's  own  name  as  a  trade- 
mark or  tradename  when  already  used 
by  another  as  affected  by  difference  in 
appearance  in  other  respects.  15S 
L.R.A.(N.S.)    731. 


INDEX  TO  L.R.A.  NOTES. 


973 


NAME — cont'd 

II.  Of   articles   or   things. 

§   19,  Generally, 

Of  association,  see  Associations. 

Of  business  establishment  as  part  of  good 

will,  see  Good  Will,  §  5. 
Trademark,  see  Trademaek. 
Tradename,  see  Tradename. 

Of  mining  claim  as  part  of  notice  of  loca- 
tion.    7  L.R.A,(N.S.)   835. 

Kight  of  members  of  organization  to  pro- 
tection in  use  of  name  which  their  ef- 
forts have  made  valuable.  28  L.R.A. 
(N.S.)   458. 

Right  at  expiration  of  patent  or  copyright 
to  use  of  name  by  which  article  has 
become  known.     1  B.  R,  C.  649, 

Warranty  that  seed  sold  is  true  to  name. 
37  L.R.A. (N.S.)  80;  L.R.A.1916C,  1012. 

Description  of  property  by  local  appellation 
as  satisfying  statute  of  frauds.  36 
L.R.A.  (N.S.)    154. 


NAPHTHA. 


In  general,  see  Explosions  and  Explosives, 

Liability  for  injury  to  employee  by  explo- 
sioA  of.    L.R.A.1918B,  864. 

Liability  for  injury  to  children  from  explo- 
sion of  naphtha  left  accessible  to  them. 
L.R.A.1917A,  1297. 

Keeping  of.  on  insured  premises.  L.R.A. 
1917C,  278. 


NARCOTICS. 


In  general,  see  Drugs  and  Druggists, 

As    affecting    testamentary    capacity,      27 
L.R.A.  (N.S.)   31;  L.R.A.1915A,  450, 


NARROW  CROSSING. 

Liability  of  railroad  company  for  injury  by 
collision  of  train  at.  14  L.R.A. (N.S.) 
315. 


♦  •» 


NARROW    SEAS. 

Jurisdiction  over,    46  L.R.A.  266. 


NATIONAIi  BANKS. 

See  Banks,  §§  45-48. 


NATIONALITY. 


Competency  to  testify  as  to  one's  nation- 
ality.    37  L.R.A,(N,S.)    760. 
Consult  also  L.R.A.  Digests  of  Cases. 


NATURAIi  CHILDREN. 


See  Illegitimacy, 


NATURAL  GAS. 

In  general,  see  Gas;  Mines,  §  33. 

Right  to  gas  in  railroad  right  of  way  as 
between  company  and  fee  owner,  45 
L.R,A,(N.S.)    803. 


♦•  » 

NATURAL  HEIRS. 

Meaning  of   term,     45   L.R.A.  (N.S.)    1163. 

♦*-♦ • 

NATURALIZATION. 

See  Aliens,  §  5. 


NATURAL  RESOURCES. 

Conservation  of,  see  Constitutional  Law, 
§  48, 


■♦•♦■ 


NATURE. 

Crime  against  nature,  see  Sodomt. 

♦•» 

NAVAL  RESERVATION. 

Location    of   mining   claim    on.      7    L.R.A. 
{N.S.)   790. 


NAVIGABLE  WATERS. 

See  Waters,  I, 

- — ♦>» 

NAVIGATION. 

As  to  collision,  see  Collision. 
Control  of,  see  Commerce,  §  3. 
Rights  of,  see  Waters,  §§  18-21, 
Improvement  of,  see  Waters,  §§  19,  20, 
Right    to    obstruct    or    destroy    rights    of, 
see  Waters,  §  21, 

Question  relationg  to,  as  a  Federal  question. 
62  L.R.A.  538. 

«-»-» . 


NAVY. 

See  Army  and  Navy. 


974 


INDEX  TO  L.E.A.  NOTES. 


NEAR  BEER. 

Judicial  notice  as  to  intoxicating  character 
of.     48  L.R.A.(N.S.)   315,  316. 

Constitutional  power  to  prohibit  or  regulate 
sale  of.     26  L.R.A.(N.S.)   872. 


^•» 


NEAREST  MAIiE  HEIRS. 

Meaning  of  devise  to.    7  B.  R.  C.  982. 


NEARSIGHTEDNESS. 

Right  to  show,  on  issue  of  contributory  neg- 
ligence without  allegation  thereof. 
L.R.A.1917D,  558. 


NECESSARIES. 


Furnished  to  married  woman,  see  Husband 

AND  Wife,  §§7,  8a. 
Wife's  liability  for,  see  Husband  and  Wife, 

§  21. 
Furnished   to   infant,   see  Infants,   §§    18, 

19. 

What    supplies    furnished    in    foreign    port 

are.     70  L.R.A.  403. 
Power  of  guardian  or  committee  of  insane 

to  procure  necessaries  for  family  of  his 

ward.     L.R.A.1917B,  678. 


NECESSARY  PARTIES, 

See  Parties,  §§  27-32. 


NECESSITY. 


Way  by,  see  Easements,  §  14. 

Necessity  for  taking  land  by  eminent  do- 
main, see  Eminent  Domain,  §  4. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §  109. 

For  execution,  see  Execution,  §  8. 

For  notice,  see  Notice,  §§  2-4. 

Work  of,  see  Sunday,  §  6. 

Question  for  jury  as  to,  see  Trial,  §  25. 

Justifying  entry  on  another's  land.  20 
L.R.A.(N.S.)  152. 


NECROMANCY. 


NE  EXEAT. 

As  imprisonment  for  debt.     34  L.R.A.  671; 

L.R.A.1915B,  651. 
What  constitutes  breach  of  ne  exeat  bond. 

20  L.R.A.  (N.S.)   7G. 
Ne   exeat  to  prevent   removal   of   property 
from    state.      L.R.A.1916C,    407. 


NEGATION. 


Of  defenses  or  exceptions  in  indictment,  see 
Indictment,  Information,  and  Com- 
plaint, §  8. 


NEGATIVE. 


Use  of,  without  consent  of  party  paying  for 

same.     56  L.R.A.  397. 
Negativing  employee's  knowledge  of  defects 

and     incompetency     in     pleading.       69 

L.R.A.  266. 


NEGATIVE  EVIDENCE. 

Proof  of  negative  by  books  of  account.  52 
L.R.A.  719. 

Proof  of  character  by.  22  L.R.A. (N.S.) 
666. 

Establishment  of  good  character  by.  14 
L.R.A. (N.S.)    696. 

Admissibility  of  evidence  that  no  previous 
accident  had  ever  liappened  from  con- 
dition complained  of.  32  L.R.A. (N.S.) 
1161. 

Express  authority  to  certain  train  employees 
to  eject  trespassers  as  negativing  im- 
plied authoritv  of  other  employees.  32 
L.R.A.  (N.S.)    1164. 


NEGATIVE  INFERENCES. 


Admissibility    in    evidence. 
743. 


L.R.A.1918A, 


NEGATIVE  RELIEF. 

Necessity  of  judgment  to  negative  relief  to 
creditors  in  equitv.  23  L.R.A. (N.S.) 
15. 


NEGIiECT  OF  DUTY. 


As  ground  for  discharge  of  one  employed  in 
Prohibition  of  fortune  telling  and  kindred  executive      or      supervisory      capacity. 

superstitions.     43   L.R.A. (N.S.)    203.  L.R.A.1918C,  1038. 

Begin  xidth  this  hook,  on  every  lato  question. 


INDEX  TO  L.R.A.  NOTES. 


975 


NEGLIGENCE. 

J.  As  basis  of  action,    §§    1-30. 
a.  In   general,   §§    1-5. 
6.     Causing    injury    to    person 
or  projjerty,    §§   6-30. 

1.  In  general,   §§   0-12. 

2.  Dangerous  agencies,    §§ 

13-15. 

(a)  In        general,      §§ 

13,  14. 

(b)  Negligence  of  sell- 

er   or     manufac- 
turer, §  15. 

3.  Dangerous  premises,   §§ 

1 6-23a. 
(a)   In      general,      §§ 

16-18. 
(h)   Liability     to     tres- 
passers     and 
licensees,    §§ 
20-23a. 

(1)  In    general,    §§ 

20,  21. 

(2)  Children,         §§ 

22-23a. 
4:.  On     highways,      private 
ivays,  or  waters,  §§  24- 
29a. 
5.  Who  liable,  §  30. 
II.  Contributory  negligence,  §§  31-55. 

a.  Injury  to  person,   §§  .31-52. 

1.  In  general,  §§  31-35. 

2.  Of     children      or     their 

parents,  §§  36,  37. 

3.  On  highways,  §§  38-40. 

4.  Imputed  negligence,   §§ 

41-49. 

5.  Last    clear   chance;    hu- 

manitarian       doctrine, 
§§  50-52. 

6.  Where  defendant's  neg- 

ligence was  ivanton  or 
wilful,  §  52a. 

b.  Injury   to   property,    §§    53- 

55. 

I.  As  basis  of  action, 
a.  In  general. 

§    1.  Generally. 

Of  title  abstracter,  see  Abstracts,  §  2. 

Of  expert  accountant,  see  Accountants. 

As  to  animals,  see  Animals. 

Of  architect,  see  Architects. 

Of  attorney  toward  client,  see  Attorneys, 

Of  corporate  officers  and  directors,  see  Cor- 
porations,  §§   52-59. 

Of  telegraph  company,  see  Telegraphs,  III. 
b. 

Imputing  attorney's  negligence  to  client, 
see  Attorneys,  §  17. 

Habit  as  to,  see  Custom  and  Usage,  §§  2, 
4. 

Measure  of  damages  for  negligence  in  re- 
gard to  telegrams,  see  Damages,  §§  41, 
102,  103,  117. 

Estoppel  by,  see  Estoppel,  §  27. 

Presumption  and  burden  of  proof  as  to, 
see  Evidence,  III.  g. 

Consult  also  L.B.A.  Digests  of  Cases. 


NEGLIGENCE,  I.  a— cont'd 

Opinion     evidence     as     to,     see    Evidence, 

§  396. 
Evidence  of  character  or  reputation  to  show, 

see  Evidence,  §  253. 
Evidence  as  to,  generally,  see  Evidence,  §§ 

266-269. 
Sufficiency  of  evidence  of,  see  Evidence,  § 

294. 
As  a  cause  for,  and  as  a  bar  to,  injunctions 

against  judgments,  see  Injunction,   § 

57. 
As  affecting  judgment,  see  Judgment,  §  94. 
Limitation  of  action  based  on,  see  Limita- 
tion OF  Actions,  §§  35,  40,  41,  51. 
Pledgee's  liability  to  pledgeor  for  negligence, 

see  Pledge  and  Collateral  Security, 

III.  a. 
Reasonableness  of  matters  relating  to,  see 

Reasonableness,  §  5. 
Of     trustee     in     making     investments,     see 

Trusts,  §  26a. 
As  to  telegrams,  see  Telegraphs,  III.  c. 
Gross  negligence,  see  Gross  Negligence. 

May  action  for  alienation  of  affections  rest 
upon  a  negligent  tort.  L.R.A.1917B, 
680. 

Care  required  in  selecting  bank  for  deposit 
of  public  funds.     7  L.R.A.(N.S.)    1084. 

Care  demanded  of  trustee  to  sell  real  es- 
tate.    3  L.R.A.(N.S.)    415. 

Of  surety  as  affecting  liability  in  case  of 
fraud  of  obligee.    21  L.R.A.  413. 

Of  party  against  whom  judgment  has  been 
obtained  on  unauthorized  appearance 
by  attorney.     21  L.R.A.  857. 

Effect  of  negligence  on  right  to  equitable 
relief  from  contract  by  which  one  has 
been  overreached.     5  L.R.A.  (N.S.)   799. 

As  affecting  right  to  relief  from  mistake  of 
law  as  to  effect  of  instrument.  28 
L.R.A. (N.S.)    882. 

Effect  of  shipper's  negligence  on  passing 
of  title  by  delivery  to  carrier.  22 
L.R.A.  417. 

Liability  of  vendor  of  seeds.  37  L.R.A. 
(N:S.)    79. 

Liability  for  negligence  in  furnishing  re-^ 
lief  to  poor  person,  39  L.R.A- (N.S.) 
168. 

Liability  of  insurance  broker  to  insured  for 
negligence.      38   L.R.A. (N.S.)    631. 

Liability  of  notary,  or  other  officer  for  neg- 
ligence in  certifying  to  acknowledgment 
or  affidavit.     49  L.R.A.(N.S.)  47. 

Liability  of  engineer  for  negligence  in  issu- 
ing certificates.     4  B.  R.  C.  859. 

Negligence  in  extending  credit  to  person  in 
whose  name  title  to  real  property  is 
permitted  to  stand  by  real  owner.  30 
L.R.A.(N.S.)   13. 

Carrier's  liability  to  bona  fide  holder  on 
bill  of  lading  negligently  issued  by 
agent  without  delivery  of  anv  goods  to 
carrier.     22    L.R.A. (N.S.)    828. 

Of  maker  of  note,  execution  of  which  was 
obtained  by  fraud.     36  L.R.A.  437. 

Right  of  convicted  person  to  maintain  an 
action  against  witness  for  negligently 
giving  false  evidence.     3  B.  R.  C.  251. 


976 


INDEX  TO  L.R.A.  NOTES. 


NEGLIGENCE,  I.  a— cont'd 

§  2.  Of  bank  or  bank  officers. 

Of  bank   in  paying  checks,  see  Banks,  §§ 

■2:i-25. 
In  i-ollection  of  commercial  paper,  see  Banks, 

§§  31-35. 
Negligence  of  officers,  see  Banks,  §  7. 
Recovery   back   of   nionej^    negligently   paid 

to  one  presenting  negotiable  paper,  see 

Banks,  §§  28,  29;    Bills  and  Notes, 

§  73. 

§  3.  Effect  of,  on  broker's  right  to  com- 
missions. 

Of  principal,  as  affecting  real  estate  broker's 
right  to  commissions.     43   L.R.A.   593. 

Of  real  estate  broker  as  affecting  his  right 
to   commissions.     45   L.R.A.   39. 

§  4.  Effect  of,  on  liability  of  personal 
representative. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest  where 
settlement  of  estate  is  delayed  by  negli- 
gence of  attorneys.  31  L.R.A.  (N.S.) 
359. 

Liability  of  personal  representative  for  neg- 
ligence in  management  of  business  car- 
ried on  by  him  on  behalf  of  estate. 
.40  L.R.A.  (N.S.)   214. 

Liability  for  personal  injury  resulting  from 
negligence  in  care  or  management  of 
property  of  estate.  38  L.R.A.{N.S.) 
379. 

§   5.  Negligent  breach  of  contract. 

Tort   for   negligent   breach   of   contract  be- 
tween  private   parties.     12   L.R.A. 
(N.S.)  924. 
Sufficiency  of  compliance  with  provisions  in 
employers'  liability  or  other  indemnity 
policies  requiring   immediate  notice  of 
accident,  claim,  or  suit.    3  B.  R.  C.  723. 

b.  Causing   injury   to   person  or  prop- 
erty. 

1.  In  general. 

§   6.  Generally. 

Act  of  God  as  negligence,  see  Act  of  God. 

In  connection  with  places  of  amusement, 
see  Amusements,  §§  5-7. 

As  to  animals,  see  Animals. 

Negligence  of  architect,  see  Architects. 

Of  owner  of  boat  livery,  see  Boat  Liveby. 

Negligence  in  blasting,  see  Blasting. 

As  to  bridges,  see  Bridges. 

In  regard  to  fire  escapes,  see  Buildings, 
§  5. 

Liability  for  communicating  contagious  dis- 
ease, see  Contagious  Diseases,  §  2. 

Liability  of  elevated  railroad  company  for 
injury  to  person  on  surface  of  street, 
see  Elevated  Railroads,  §  4. 

In  use  of  elevators,  see  Elevators,  §§  3-7. 


NEGLIGENCE,  I.  b,  1— cont'd 

Liability  of  innkeepers,  see  Innkeepers, 
§§   6-12. 

Liability  for  injury  to  person  confined  in 
jail  or  prison,  see  Jails  and  Prisons. 
§§  2-4. 

Joint  liability  in  case  of,  see  Joint  Cred- 
itors AND  Debtors,  §§  3-7. 

Of  master,  see  Mastp:r  and  Servant,  III,  a. 

Liability  for  safety  of  wharf  or  dock,  see 
Wharves,  §  7. 

Limitation  of  carrier's  liability  for  injury 
from,  see  Carriers,  §§  28,  29,  91,  128- 
135. 

To  passenger,  see  Carriers,  III.  j ;  Ele- 
vated Railroads,  §  3. 

Limitation  of  carrier's  liability  in  case  of, 
see  Carriers,  §   132. 

Measure  of  damages  for  negligence  of  car- 
rier towards  passenger,  see  Damages, 
§§  15,  43-45,  105. 

Measure  of  damages  against  carrier  for  neg- 
ligence as  to  baggage,  see  Damages, 
§§  15,  46,  106. 

Measure  of  damages  against  carrier  for  neg- 
ligence as  to  freight,  see  Damages, 
§§  47,  118. 

Measure  of  damages  for  negligent  injurv, 
see  Damages,  §§  18,  57-67,  100,  101." 

Measure  of  damages  for  negligent  injury  to 
personalty,  see  Damages,  §  68. 

Measure  of  damages  for  injury  to  realty,  see 
Damages,   §§   71-79. 

Right  of  action  for  death  caused  by  negli- 
gence, see  Death,  II. 

Physical  examination  in  negligence  action, 
see  Discovery  and  Inspection. 

Effect  of  intoxication,  see  Drunkenness, 
§§   5-9. 

Negligent  homicide,  see  Homicide. 

Of  physician  or  surgeon,  see  Physicians 
and  Surgeons,  III. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,    III.    g. 

Proximate  cause  of  negligent  injury,  see 
Proximate   Cause. 

Release  of  claim  for,  see  Release. 

Liability  of  school  district  for,  see  Schools, 
§  31. 

In  operation  of  railroad,  see  Railroads. 

Question  for  jury  as  to,  see  Trial,  §§  39- 
44. 

Gross  negligence,  see  Gross  Negligence. 

Liability  of  owner  or  occupant  of  land  for 
spread  of  weeds  or  noxious  vegetation 
to  adjoining  premises.     52  L.R.A.  293. 

Liability  of  railroad  company  for  injury 
to  persons,  not  employees,  caused  by 
defectively  loaded  car.  26  L.R.A. 
.(N.S.)   204. 

Liability  for  damages  caused  by  shutting  off 
water  or  gas  from  premises.  21  L.R.A. 
(N.S.)    468. 

In  respect  to  safety  of  wharf  or  dock.  61 
L.R.A.   946. 


Liability   for   injury   caused   by   fright,   see  i  As  to  ambulance.     38  L.R.A. (N.S.)   482 


Fright,  §§  2,  3. 

Of  or  towards  incompetent  persons,  see  In- 
competent Persons,  §§  11,  12. 

Towards  infant,  see  Infants,  §§  37-39. 

Liability  of  infants  for,  see  Infants,  III.  c. 


Begin  ttHth  this  hook  on  every  laxo  question. 


Duty  and  liability  to  inspectors  who  enter 
premises  in  performance  of  their  duty. 
31  L.R.A.  (N.S.)   380. 

Liability  for  personal  injury  to  one  using 
telephone.      36    L.R.A.(N.S.)    279. 


INDEX  TO  L.R.A.  NOTES. 


977 


NEGLIGENCE,  I.  b,  1— cont'd 

Liability  for  injuries  to  one  blinded  bv 
headlight.  42  L.R.A.(N.S.)  876;  48 
L.R.A.(N.S.)   827. 

Liability  for  injuries  to  buildings  on  ad- 
joining land  by  negligent  removal  of 
lateral  support  of  the  soil.  G  L.R.A. 
(N.S.)    243. 

Duty  as  to  maintenance  and  repair  of  re- 
taining wall.     L.R.A.1917F,  683. 

Liability  for  injuries  from  matter  precipi- 
tated upon  adjoining  property.  36 
L.R.A.  (N.S.)    1171. 

Care  required  in  sudden  emergency  not  to 
injure  another  person.  37  L.R.A. 
(N.S.)   60. 

Liability  of  private  person  for  damages  in 
abating  a  nuisance.    L.R.A.1917C,.1042. 

Liability  of  one  who  renders  ice  imsafe  for 
skating  or  travel.     L.R.A.1918A,  408. 

How  far  statutes  imposing  liability  for 
negligence  regarded  as  abrogating  max- 
im that  one  cannot  profit  by  his  own 
wrong.    25  L.R.A.  572. 

Power  to  require  one  who  has  caused  injury 
to  identify  himself.  40  L.R.A, (N.S.) 
622. 

May  one  recover  for  injuries  which  would 
have  been  avoided  by  performance  of 
defendant's  dutv  toward  another.  46 
L.R.A. (N.S.)   33*8. 

Liability  of  street  railway  company  for 
damages  in  removing  obstructions  from 
.   its  tracks.     43  L.R.A. (N.S.)    126. 

Prenatal  injury  to  infant  as  ground  of 
action.     45*  L.R.A. (N.S.)   625. 

Permitting  articles  to  roll  down  hillside  or 
decline.      L.R.A.1915B,   426. 

Claim  against  state  for  damages  from.  42 
L.R.A.  64. 

Power  of  equity  to  take  jurisdiction  becaiise 
of  multiplicity  of  actions  at  law  for 
personal  injuries  growing  out  of  a  sin- 
gle tort.    40  L.R.A.  (N.S.)  464. 

Right  of  one  to  testify  as  to  his  intent  in 
cases  involving  negligence.  23  L.R.A. 
(N.S.)    399. 

Effect  of  admission  to  change  burden  of 
proof  and  right  to  open  and  close  in 
action  for  negligence.  61  L.R.A.  538, 
557. 

Statements  made  some  time  after  accident 
as  res  gestce.     42  L.R.A. (N.S.)   917. 

Exceptions  to  rule  as  to  functions  of  court 
and  jury  in  negligence  cases.  15  L.R.A. 
332. 

Requisites  of  special  verdict  in  negligence 
action.     24  L.R.A. (N.S.)   21. 

Federal  courts  following  state  decisions  as 
to.    40  L.R.A.(N.S.)  437. 

§    7.  Pleading. 

Plaintiff's  pleading  in  action  for  injury  by, 
see  Pleading,  §§  23-30. 

Alleging  in  single  count  two  or  more  acts 
of  negligence  capable  of  contributing  to 
injury.     27  L.R.A. (N.S.)   792. 

Right  to  join  in  one  complaint  claims  of 
ordinary  and  gross  negligence  arising 
out  of  one  state  of  facts.  31  L.R.A. 
(N.S.)    158. 

Consult  also  L.R.A.  Digests  of  Cases. 


NEGLIGENCE,  I.  b,  l-H;ont'd 

Right  to  recover  for  ordinary  negligence  un- 
der allegation  of  gross,  wilful,  or  wan- 
ton negligence,  or  mce  versa.  69  L.R.A, 
601. 

Denial  upon  information  and  belief  as  to 
negligence.     30  L.R.A. (N.S.)   777. 

Right  to  plead  inconsistent  defenses  in  ac- 
tions relating  to,     48  L,R,A,  197. 

§  8,  Concurrent  negligence  of  third 
person. 

In  injury  to  servant  generally,  see  Master 

and'  Sekvant,  §  49. 
Concurring  negligence  of  master  and  fellow 

servant,    see    Master    and    Servant, 

§§  133,  134. 

Effect  of  intervening  act  on  recovery  for 
personal  injury.  48  L.R,  A.  (N.S.) 
105. 

Where  defendant's  negligence  is  the  efficient 
and  proximate  cause  of  the  injury. 
17  L.R.A.  33. 

Where  the  negligence  of  both  persons  was 
necessary  to  produce  the  injury. 
17  L.R.A.  35. 

Where  the  third  person's  negligence  is  the 
cause  of  the  injury.     17  L.R.A.  38. 

Intoxication  of  person  injured  as  affecting 
liability  in  case  of  concurrent  negli- 
gence. "  40  L.R.A.  139. 

Liability  of  negligence  with  respect  to  elec- 
tric current  as  affected  by  third  per- 
son's concurring  negligence.  7  L.R.A. 
(N.S.)   293. 

Liability  of  one  responsible  for  a  fire  for 
destruction  of  property  after  such  fire 
united  with  another  for  which  he  was 
not  responsible.     48  L.R. A. (N.S.)   700. 

Effect  of  negligence  of  third  persons  contrib- 
uting to  negligent  homicide.  61  L.R.A. 
298. 

§   9.  Criminal  negligence. 

In  general,  see  Criminal  Law,  §  30;  Homi- 
cide, §  15. 

Effect  of  negligence  in  treatment  or  care 
of  wound  on  responsibility  for  homicide, 
see  Homicide,  §  25. 

§   10.  Violation  of  statute  or  ordinance. 

By    employer,   see   Master   and    Servant, 

§§  54,  55. 
By    street    railway    company,    see    Street 

Railways,  §§  11,  13. 

Disobedience   of    statute   as   negligence.     9 

L.R.A. (N.S.)    339. 
Private  action  for  violation  of  statute  not 
expressly   conferring  it.     L.R.A.1915E, 
500. 
Private    action    for    violation    of    statutes 
regulating  dangerous  wares.     9  L.R.A. 
(N.S.)    382. 
Violation   of   statute   prohibiting   or   regu- 
lating  sale   of   poisons   as   civil   negli- 
gence.   30  L,R,A.(N.S.)  522. 
Violation   of  statute  or  ordinance  relating 
to  explosives  as  negligence  per  se 
giving     right     of     private     action, 
48  L.R,A.(N,S.)  879. 
62 


978 


INDEX  TO  L.R.A.  NOTES. 


NEGLIGENCE,  I.  b,  1— cont'd 

Violation  of  police  ordinance  as  ground  for 
private  action.    5  L.R.A.  (N.S.)   253. 

Violation  of  speed  limits  bv  automobile  as 
negligence.     25   L.R.A. (N.S.)    40. 

Violation  of  statute  or  ordinance  giving  one 
vehicle  right  of  way  as  against  another 
as  affecting  liability  for  injurv.  L.R.A. 
1915D,  1021;   L.R.A.1917D,  693. 

Violation  of  ordinance  as  to  part  of  street 
or  highway  to  be  used  by  vehicles  as 
negligence.    L.RA.1916C,  999. 

Violation  of  ordinances  as  to  leaving  horse 
unhitclied  in  highway.  10  L.R.A. 
(N.S.)    854. 

]VIay  wrongdoer  take  "advantage  of  general 
statutory  imposition  of  damages  for 
negligent  injuries?     28  L.R.A.  749. 

Denial  of  liability  for  negligence  in  failing 
to  take  precautions  required  by 
statute,  on  ground  that  they  would 
have  been  insufficient  to  prevent 
injury.    21  L.R.A.  723. 

Requisites  of  averments  in  complaint  as  to 
causal  connection  between  violation  of 
ordinance  by  railroad  company  and  in- 
jury.   8  L.R.A,  (N.S.)   987. 

§  11.  liiability  for  another's  negli- 
gence. 

Liability  of  carrier  for  negligence  of  serv- 
ant toward  passenger,  see  Cabbiebs, 
III. 

Master's  liability  for  negligence  of  fellow 
servant,  see  Masteb  and  Sebvant,  III. 
d. 

Liability  of  master  for  negligence  of  servant, 
see'  Cabbiebs;  Masteb  and  Sebva>-t, 
IV.,  VI. 

Liability  of  municipality  for  negligence  of 
employees  or  agents,  see  Municipal 
Cobpobations,  §§  81-84. 

Liability  of  parent  for  negligence  of  child, 
see  Pabent  and  Chlld,  §  10. 

Liability  pf  proprietor  of  private  sanita- 
rium or  hospital  for  negligence  of 
nurse  or  attendant.  6  L.R.A. (N.S.) 
306;  L.R.A.1915D,  334. 

Liability  of  educational  institution  for  neg- 
ligence of  instructor  causing  injury  to 
pupil.     2  L.R.A.  (N.S.)    556. 

§  12.  Care  due  to  sick  or  otherwise 
helpless  person  to  whom  no  con- 
tract relation  is  sustained. 

In  general.    69  L.R.A.  513. 

No  duty  between  strangers.     69  L.R.A.  513. 

Principles  which  determine  duty  in  certain 
relations.     69  L.R.A.  514. 

Duty  to  avoid  injury.     69  L.R.A.  518. 

Duty  of  persons  inflicting  injury  to  care 
for  those  injured.     69  L.R.A.  533. 

Knowledge  of  disability.     69  L.R.A.  536. 

Duty  to  discover  another's  peril  or  disabil- 
ity.     69    L.R.A.    539. 

Presumptions  in  absence  of  acttial  knowl- 
edge of  disability.     69  L.R.A.  550. 


Begin  toith  this  hooTc  on  every  laic  question. 


NEGLIGENCE,- 1,  b— cont'd 

2.  Dangerotts  agencies, 
(a)    In  general. 

§    13.  Generally. 

Automobile  as  dangerous  agency,  see  Au- 
tomobiles. 

Negligence  in  blasting,  see  Blasting. 

In  regard  to  electricitv,  see  Electbictty, 
§§  10-17. 

Negligent  injury  by  explosion  generally,  see 
Explosions   and   Explosives,    §§    3-9. 

Liability  for  negligence  in  escape  and  ex- 
plosion of  gas,  see  Gas,  §§  11-14. 

Negligent  injury  by  fire,  see  Fibe,  §§  3-11 ; 
Railboads,    §§    77,    78. 

Negligence  as  to  firearms,  see  Fibeabms. 

Negligence  in  displaying  fireworks,  see 
Fibewobks,   §  2. 

Private  action  for  violating  statutes  regu- 
lating sales  of  commodities  inimical  to 
public   welfare.     L.R.A.1915E,   560. 

Private  action  for  violation  of  statutes  reg- 
ulating dangerous  wares,  9  L.R.A. 
(N.S.)   382. 

Doctrine  of  attractive  nuisance  as  applied 
to  road  vehicles.  50  L.R.A.  (N.S.) 
1147. 

Liabilitv  to  servants  of  other  persons  for 
injuries   by.     46   L.R.A,    116, 

Effect  of  servant's  wantonness,  malice,  or 
personal  motive  in  using  dangerous 
agency  on  contributory  negligence  of 
person   injured.     10  L.R.A. ( N.S.)    403. 

§    14.  Vapors;  gases;  oil:  waters. 

Escape  and  explosion  of  gas  generallv.  see 
Gas,  g§  11-14. 

Liability  for  turning  steam  or  other   dan- 
gerous vapors  or  gasses  into  sewer.    15 
L.R.A.(N.S.)    957. 
Liability   of   one   for   injury   caused  by   es- 
cape of  dangerous  substance  stored 
on  his  premises.     15  L.R.A. (N.S. ) 
535. 

(b)   Negligence  of  seller  or  manufac- 
turer. 

§    15.  Generally. 

Liability  of  druggist,  see  Dbugs  and  Dbug- 
gists,  §  5. 

Liability  of  seller  for  injury  by  unwhole- 
some food,  see  Food,  §  5. 

Liability  of  manufacturer  of  dangerous  ar- 
ticle.    15  L.R.A.  818. 

Liability  of  manufacturer,  packer,  or  vendor 
to  persons  not  in  privity  of  contract, 
for  injuries  from  defects  in  article  sold. 
19  L.R.A.(N.S.)  923;  48  L.R.A. (N.S.) 
213;  L.R.A.1916B,  879. 

Liability  of  manufacturer  of  dangerously 
defective  machine.  2  L.R.A.  (N.S.) 
303;    5   L.R.A.(N.S.)    1103. 

Liability  of  seller  to  purchaser's  servant 
for  injuries  caused  by  condition  of 
goods  delivered.    46  L.R.A.  108. 

Liability  of  dealer  for  personal  injuries 
from  article  not  obviously  dangerous. 
13  L.R.A.(N.S.)    382. 


INDEX  TO  L.R.A.  NOTES. 


979 


NEGLIGENCE,  I.  b,  2,   (b)— cont'd 

Liability  of  manufacturer  or  dealer  for  per- 
sonal injuries  caused  by  defects  in  au- 
tomobile. 37  L.R.A.(N.S.)  560;  L.R.A. 
1915E,  287;  L.R.A.1916F,  704. 

Duty  of  vendor  of  dangerous  goods  to  warn 
purchaser.     3  B.  R.  C,  449. 

Liability  of  seller  for  damage  to  live  stock 
by  improper  food  or  medicine.  L.R.A. 
1916B,  1108. 

Liability  of  one  who  sells  dangerous  instru- 
mentality to  child  in  violation  of  stat- 
ute, or  ordinance  for  injury  inflicted 
thereby  upon  child  or  third  person. 
L.R.A,1915C,   460. 

Negligence  in  manufacture  of  explosives. 
29   L.R.A.  718. 

Applicability  of  rule  res  ipsa  loquitur  to 
explosion  of  bottle.  L.R.A.1916E, 
1078. 

Right  of  one  liable  for  damages  from  de- 
fective article  to  recover  over  against 
vendor  or  manufacturer.  L.R.A.1915C, 
336. 

Personal  injuries  as  element  of  damages  for 
breach  of  warranty.  3  L.R.A.  (N.S.) 
1047. 

Duty  of  employer  as  to  inspection  of  in- 
strumentalities manufactured  by  him- 
self.    41  L.R.A.  70. 

Contributory  negligence  as  defense  in  case 
of  explosion  of  oil  below  standard.  38 
L.R.A.(N.S.)    412. 

Use  of  article  or  appliance  with  knowledge 
of  defects  therein  as  affecting  liability 
of  manufacturer  or  vendor  for  conse- 
quential damages  caused  thereby. 
L.R.A.1918B,  204. 

3.  Dangerotis  premises. 

,  (a)   In  general. 

§    16.  Generally. 

Duty  as  to  lire  escapes  on  building,  see 
Buildings,  §  5. 

Defective  condition  at  station,  see  Cakbiebs, 
§§   70-72. 

As  to  elevators,  see  Elevatobs,  §§  3-7. 

Liability  for  injury  by  falling  objects,  see 
Falling  Objects. 

Inn  premises,  see  Innkeepebs,  §  10. 

Liability  of  landlord  for  injury  from  de- 
fect in  premises,  see  Landlobd  and 
Tenant,  §§  58-72. 

At  railroad  crossing,  see  Railboads,  §§  58- 
70. 

Liability  of  school  district  or  school  cor- 
poration as  to,  see  Schools,  §  31. 

Liability  of  owner  of  private  residence  for 
injury  to  person  invited  therein.  13 
•  L.R.A.(N.S.)    442. 

Liability  to  invitee  who  departs  from  reg- 
ular walk  or  way  in  going  to  or  from 
premises.     L.R.A.1916F,  280. 

Duty  as  to  entrances  to  building  located 
on  street  with  ascending  grade.  22 
L.R.A.    (N.S.)    730. 

Duty  of  store  or  shopkeeper  toward  cus- 
tomer to  condition  of  premises.  21 
L.R.A.(N.S.)   456;  L.R.A.1915F,  572. 

Consult  also  L.R.A.  Digests  of  Cases. 


NEGLIGENCE,  I.  b,  3,   (a)— cont'd 

Applicability  of  rule  res  ipsa  loquitur  as 
between  storekeeper  and  customer.  16 
L.R.A.  (N.S.)    931. 

Liability  for  injurj'  to  clothing  worn  by 
customer  or  patron.  43  L.R.A. (N.S.) 
328. 

To  whom  is  the  duty  to  keep  office  building 
in  proper  condition,  owing.  26  L.R.A. 
(N.S.)    1213. 

Liability  of  owner  of  building  in  process  of 
erection  for  injury  to  contractor  or  lat- 
ter's  employees  from  defects  existing  at 
the  time  they  commence  to  work.  22 
L.R.A.(N.S.)    857. 

Liability  of  county  for  injury  to  real  prop- 
erty on  account  of  condition  of  build- 
ings.    39  L.R.A.  70. 

Presumption  of  negligence  from  occurrence 
of  accident  to  person  on  defendant's 
premises.     15  L.R.A.  35. 

§  17.  Liability  for  dangerous  condition 
of  private  grounds  lying  open  be- 
side highway  or  frequented  path. 

In   general.      26   L.R.A.   686;    L.R.A.1918A, 

849. 
Duty  as  to  uninclosed  property.    26  L.R.A. 

687;  5  L.R.A.(N.S.)  733. 
Suffering  the  use  of  property  for  a  footpath. 

26  L.R.A.  688;  L.R.A.1918A,  856. 
Duty  and  liability  of  owner  of  land  which 

appears  to  be  part  of  a  public  street  or 

highway.     51  L.R.A.  (N,S.)    1215. 
Excavations  or  obstructions  immediately  ad- 
joining     highways.        26      L.R.A.689; 

L.R.A.1918A,  850. 
Duty  to  trespasser  with  respect  to.    5  L.R.A. 

(N.S.)   733. 
Excavations    not   immediately    adjacent   to 

highway.     L.R.A.1918A,  853. 
Devotion    to    public    use.      26    L.R.A.    692; 

L.R.A.1918A,  859. 
Obstructions  in  street.     26  L.R.A,  693. 
Private  ways.     26  L.R.A.  693. 
Excavations     adjacent     to     private     way. 

L.R.A.1918A,  858. 
Statutory    liability.     26   L.R.A.    693. 
Property    raised   above   street.      26   L.R.A. 

693. 
Highway    raised    above    lot.     L.R.A.1918A, 

856. 
Excavation  older  than  highway.    26  L.R.A. 

693. 

§   18.  To  fireman  or  policeman. 

Liability  of  owner  of  property  for  injury  to 
fireman  or  policeman  in  discharge  of 
duty.  30  L.R.A.(N.S.)  60;  L.R.A. 
1916B,  792. 

(b)  Liability    to    trespassers    and    li- 
censees. 

(1)  In  general, 

g  20.  Generally. 

Duty  of  carrier  toward  licensees  and  tres- 
passers at  stations  and  on  trains,  see 
Caeeiees,  §§  54,  55,  58,  72. 

Duty  and  liability  to  trespasser  generally, 
see  Tbespassebs,  §  3. 


980 


INDEX  TO  L.R.A.  NOTES. 


NEGLIGENCE,  I.  b,  3,  (b),  (1)— cont'd 

Duty  of  owner  of  premises  to  protect  li- 
censee against  hidden  dangers.  17 
L.R.A.(N.S.)    916. 

Liability  to  servants  of  other  persons  enter- 
ing premises  as  licensees.    46  L.R.A.  59. 

Liability  to  trespasser  for  dangerous  condi- 
tion of  private  grounds  lying  open  be- 
side a  highway  or  frequented  path.  5 
L.R.A.{N.S.)  733;  L.R.A.1918A,  849. 

Duty  to  member  of  public  on  private  way 
used  by  public  *  generally.  21  L.K.A. 
(N.S.)  977. 

Is  one  who  goes  upon  property  on  business 
witli  the  owner  deprived  of  the  right  to 
protection  against  defects  by  the  fact) 
that  he  temporarily  turns  aside  to  pur- 
sue a  purpose  of  his  own.  14  L.E.A. 
(N.S.)    1118. 

Duty  of  owner  of  land  which  licensees  are 
accustomed  to  cross,  to  guard  against 
injuries  in  consequence  of  changes  in 
the  condition.  13  L.R.A.(N.S.)  1126; 
39  L.R.A.(N.S.)    217. 

Duty  and  liability  oif  owner  to  one  on  prem- 
ises for  purpose  of  seeing  his  employees. 
24  L.R.A.(N.S.)    497. 

Injury  to  one  examining  industrial  plant. 
21    L.R.A.  (N.S.)    466. 

Causing  trespasser  to  jump  from  moving 
wagon  as  actionable  misconduct.  31 
L.R.A,  (N.S.)    1064. 

Liability  of  owner  of  elevator  for  injury  to 
trespassers  or  licensee.  15  L.R.A. 
(N.S.)    402.- 

Measure  of  'duty  of  company  maintaining 
electric  wires  on  another's  premises  to- 
ward trespasser  or  licensee  on  such 
premises.  3  L.R.A.  (N.S.)  988;  34 
L.R.A.(N.S.)   1089. 

Liability  to  trespasser  or  bare  licensee 
from  active  as  distinguished  from 
passive  negligence.  36  L.R.A. 
(N.S.)   492. 

Employer's  liability  for  negligent  work  of 
independent  contractor  dangerous  to 
persons  invited  onto  his  premises.  65 
L.R.A.  85,5. 

Liability  for  injury  to  bystander  watching 
progress  of  work.    L,R,A,1916F,  117. 

§   21.  Spring  gun,  man  trap,  etc. 

Liability  for  killing  or  injuring  trespassers 

by    means   of    spring   guns,    traps, 

and   other   dangerous   instruments. 

29    L.R.A.    154;    24    L.R.A. (N.S.) 

369. 

Criminal  responsibility  for  death  caused  by 

spring  gun  on  one's  own  premises.     14 

L.R.A. (N.S.)    346. 


(2)    Children. 

§   22.  Generally. 

Duty    of    property    owner    to    trespassing 

child.     32  L.R,A.(N.S,)   559, 
Liability  of  lessor  for  injury  to  trespassing 

child.     L.R.A.1916F,  1135. 
Injuries  to  children  because   of  dangerous 

condition  of  private  grounds  lying  open 

beside  a  highway  or  frequented  path. 

L.R.A.1918A,  860. 
Begin  tvitJi  tJiia  hooTc  on  every  laxv  question. 


NEGLIGENCE,  I.  b,  3,  (b),  (2)— cont'd 
Duty  i^  stringing  electric  wires  to  guard 

against     danger     to     children.     L.R.A. 

1918E,  1039. 

§  23.  Dangerous  attractions;  turn- 
tables. 

Attractive  nuisance.    19  L.R.A. (N.S.)  1094. 

Wreck  as  attractive  nuisance.  L.R.A,1917F,. 
1031, 

Doctrine  of  attractive  nuisance  as  applied 
to     road    vehicles.       50     L,R.A,(N.S,) 
1147. 

Liability  for  injury  to  children  from  explo- 
sives left  accessible  to  them.  14  L,R.A. 
(N.S.)  586;  24  L.R.A.(N.S.)  1257;. 
L,R,A,1917A,  1295. 

Duty  to  child  trespassing  on  cars.  32 
L.R.A,  (N,S.)    572. 

Liability  of  railroad  companies  for  injury 
to  children  playing  on  turntables.  14 
L.R.A.  781;  4  L,R,A.(N.S.)  80;  16 
L,R,A.{N.S.)    1129, 

Contributory  negligci;;e  of  ch;ld  injured  on 
turntable.    L.R.A.1917F,  111. 

Duty  to  guard  against  injury  to  trespass- 
ing children  by  fire.  39  L.R.A. (N.S.) 
1058;  L.R.A.1917F,  1036. 

§  23a.  — hot  water  or  ashes;  ponds, 
etc. 

Doctrine  of  "attractive  nuisance"  as  ap- 
plied to  injury  from  hot  water  or  ashes. 
3  L.R.A.(N.S.)  149;  19  L.R.A. (N.S.) 
1124. 

Doctrine  of  "attractive  nuisance"  as  applied 
to  ponds,  reservoirs,  waterways,  etc. 
19  L.R.A.(N.S,)  1143;  47  L.R,A. 
(N.S.)    1101. 

§  23b.  —walls,  fences,  etc. 

Doctrine  of  attractive  nuisance  as  applied 
to  walls,  fences,  etc.  L.R.A.1915D, 
160. 


4. 


On  highways,  private  ways,  or 
waters. 


g  24.  Highways. 

As  to  areaway,  see  Abeiaway,  §  2, 

Negligence  of  owner  or  operator  of  auto- 
mobile, see  AtrroMOBiLES,  §§  2,  3, 

Liability  for  injury  by  falling  object,  see 
Falling  Objects, 

As  to  liability  for  defect  in  highway,  see 
Highways,    §§    56a-95. 

Liability  for  frightening  horse,  see  Hoesh:s» 
§§  7-13, 

At  railroad  crossing,  see  Raileoads,  §§  58- 
70, 

In  operation  of  railroad  trains  longitudi- 
nally along  public  street,  see  Rail- 
roads, §  52a, 

Of  street  railway  companies,  see  Street 
Railways,  §§  10-19, 

Question  for  jury  as  to,  see  Trials,  §  42. 

Doctrine  of  "attractive  nuisance"  as  applied 

to  attractions  in  highway.     19  L.R.A. 

(N.S.)    1154, 
Applicability  of  res  ipsa  loquitur  to  injury 

by    vehicle    on    highway.      32    L.R.A. 

(N.S.)   1177. 


INDEX  TO  L.R.A.  NOTES. 


981 


NEGLIGENCE,  I,  b,  4— cont'd 

Duty   of   driver   to  guard   against   persons 

coining    in    contact   with    sides    or 

rear  of  vehicle.     36  L.ll.A.{N.S.) 

1094. 

Eeciprocal    duties    of    bicyclists    and    other 

persons     traveling    on    highwavs.      47 

L.R.A.  292. 
Driving   blind   borse  as   negligence   or   con- 

trilmtory  negligence.     48  L.R.A. (N.S.) 

141. 
Precautions  to  be  observed  when   about  to 

stop    vebicle    in    highway.      46    L.R.A. 

(N.S.)    G44. 
Liability  for  striking  one  engaged  about  an 

automobile     in     a     highwav.       L.R.A. 

1917B,  319. 
Duty  owed  to  others  by  one  blinded  by  light 

on  highway.     L.R.A.1917E,  1045. 
Signal  of  traffic  officer  as  affecting  duty  of 

travelers     to     exercise     care.       L.R.A. 

1917B,  137. 
Sufficiency   of  general   allegations   of  negli- 
gence  in   management  of   carriages  in 

higliway.     59  L.R.A.  273. 

%   25.  — rule  of  the  road. 

Violation  of,  as  contributory  negligence, 
see  infra,  §  40. 

Law   of  the   road   as   applied   to  bicyclists. 

47  L.R.A.  293. 
Applicability  of   rule  of   road   where  high- 
way is  being  used  for  other  than  ordi- 
nary  purpose  of  travel.     L.R.A.1915E, 
1028. 
Hule   of   the   road   governing   vehicles   pro- 
ceeding in  the  same  direction.     41 
L.R.A.(N.S.)    337. 
Rules   of   the   road  governing  vehicles   pro- 
ceeding in  opposite  directions.     41 
L.R.A.(N.S.)     322. 
Rule  of  the  road  as  affecting  street  cars  and 
vehicles    meeting    or    passing.      42 
L.R.A.  (N.S.)    1188. 
Turning  to  wrong  side  of  road  to  avoid  ap- 
proaching   vehicle    which    is    itself    on 
wrong  side,  as  contributory  negligence 
on  the  part  of  a  plaintiff,  or  negligence 
on  the  part  of  a  defendant.     7  B.  R.  C. 
705. 
Rules  of  road  governing  vehicles  at  inter- 
section of  streets   and  when  turn- 
ing across  street.    41  L.R.A. (N.S.) 
340. 
Law    of    the    road    as    affecting    pedestrian 
injured     by     automobile.       38     L.R.A. 
(N.S.)   496. 
Violation  of  ordinance  as  to  part  of  street 
or  highway  to  be  used  by  vehicles  as 
negligence.     L.R.A.1917C,  999. 
Violation  of  statute  or  ordinance  giving  one 
vehicle   right   of   way   over   another   as 
affecting  liability  for  injury.     5  L.R.A. 
(N.S.)    252,    256;    L.R.A.1915D,    1021; 
L.R.A.1917D,  693. 

S  2  6.  —speed. 

Speed  of  automobiles,  see  Automobiles,  §  5. 

Duty  as  to  speed  owed  to  others  by  one 
blinded  bv  light  on  highway.  L.R.A. 
1917E,  1045. 

Consult  also  L.R.A.  Digests  of  Cases. 


1  NEGLIGENCE,  I.  b,  4— cont'd 

Violation  of  ordinance  against  fast  or 
reckless  driving  as  ground  for  private 
action.     5   L.R.A. (N.S.)    254. 

Admissibility  in  prosecution  for  driving  at 
^  dangerous  speed  of  evidence  of  traffic 
reasonablv  to  be  expected  on  highwav. 
2  B.  R.  C.  201. 

Evidence  as  to  speed  of  automobiles  or  oth- 
er road  vehicles.     34  L.R.A. (N.S.)   778. 

§   2  7.  —leaving  horse  unhitched. 

Negligence  in  leaving  horse  unhitched  in 
highwav.  10  L.R.A.  (N.S.)  845;  20 
L.R.A. (N.S.)  958. 

Violation  of  ordinance  as  to  unfastened  and 
unguarded  animals  on  street  as  ground 
for  private  action.  5  L.R.A. (N.S.) 
255. 

§  28.  Private  ways. 

Injury  due  to  defects  in,  see  Highways, 
§  56b. 

In   case   of    private   way.     8   L.R.A. (N.S.) 

310. 
Duty  to  member  of  public  on  private  way 

used    bv    public   generally.      21    L.R.A. 

(N.S.) '977. 

§   29.  Waters. 

As  attractive  nuisance,  see  supra,  §  23a. 
Negligence  of  municipality,  see  Municipal 
Corporations,  §§  86-94. 

In  use  of  navigable  stream.     70  L.R.A.  279. 
In  use  of  water  of  stream  as  between  upper 

and  lower  proprietors.     41  L.R.A.  743. 
Liabilit}'^  for  injuries  caused  by  attempted 

exercise    of    right    of    navigation.      04 

L.R.A.  977. 
Dutv  of  steamer  to  avoid  imperiling  small 

'boat  by  swells.     7  L.R.A. (N.S.)   920. 
Liability  to  riparian  owner  for  negligence 

in  running  logs  in  stream.     41  L.R.A. 

494. 

§   29a.  —escape  of. 

Liability   for    escape    of    water    stored    on 

premises.       15    L.R.A.  (N.S.)     541;     33 

L^R.A,(N.S.)    1061. 
Liability  of  one  who  cuts  bank  of  stream, 

for  damages  from  escaping  water.     41 

L.R.A.  (N.S.)    122L 

5.  Who  liable. 

§  SO.  Generally. 

Liability  of  seller  or  manufacturer,  see  su- 
pra, §   15. 

Person  maintaining  place  of  amusement, 
see  Amuse^ients,  §§  5-7. 

Bailee,  see  Bailment,  §§  5-10. 

Bailor,  see  Bailment,  §§   11,  12. 

Carrier,  see  Carriers. 

Charitable  institution,  see  Charities,  §  12. 

County,  see  Counties,  §  8. 

Druggists,  see  Drugs  and  Druggists,  §  6. 

Hospital,  see  Hospitals,  §  4. 

Married  woman  for  safety  of  her  premises, 
see  Husband  and  Wife,  §  25. 

Infants,  see  Infants,  §  24. 

Innkeepers,  see  Innkeepers,  §§  6-12. 


982 


INDEX  TO  L.R.A.  NOTES, 


NEGLIGENCE,  I.  b,  5— cont'd 

Landlord,  see  Landloed  and  Tenant,  IV.  d. 

Livery-stable  keeper,  see  Livery  Stable. 

Master  for  negligence  of  servants,  see  Mas- 
ter AND  Servant,  IV. 

Servants  or  contractors,  see  Master  and 
Servant,  §§  196-198. 

Joint  liability  of  master  and  servant,  see 
Master  and  Servant,  §  199. 

Third  person  for  negligent  injury  to  serv- 
ant, see  Master  and  Servant,  §§  200- 
202. 

Municipal  corporation,  see  Municipal  Cor- 
porations, §§  72-101. 

Officer,  see  Officers,  §  40. 

Physician  or  surgeon,  see  Physicians  and 
Surgeons,  §§  12-16. 

Pilot,  see  Pilots,  §  4. 

Agent,  see  Principal  anI)  Agent,  §  42. 

Railroad  company,  see  Railroads,  VII.  a. 

State,  see  States,  §  11. 

Street  railways,  see  Street  Railways, 
§§  10-19. 

Warehouseman,  see  Warehouseman,  §  4. 

Right  of  contractor  with  public  to  immuni- 
ty which  latter  enjoys  from  liability 
for  damages.     L.R.A.1916D,   511. 

Civil  liability  of  insane  persons.  26  L.R.A. 
154;  42  L.R.A.  (N.S.)    83. 

Personal  liability  of  arbitrator.  42  L.R.A. 
(N.S.)  278. 

Liability  of  school  district  or  school  corpo- 
ration to  action  for  damages  from  neg- 
ligence. 37  L.R.A.  301;  49  L.R.A. 
(N.S.)  1026. 

Liability  of  officers  of  a  corporation  for 
its   negligence.     28   L.R.A.   427. 

Personal  liability  of  officer  or  director  of 
corporation  for  personal  injuries  from 
torts  in  connection  with  its  business. 
39  L.R.A. (N.S.)  901;  L.R.A.1915C,  874. 

Liability  of  partnership  for.    51  L.R.A.  477. 

Liability  of  lire  insurance  patrol  for  inju- 
ries.    21  L.R.A. (N.S.)   810. 

Liability  of  benevolent  or  fraternal  society 
for  injury  to  person  during  initiation 
or  expulsion.  13  L.R.A. (N.S.)  314; 
L.R.A.1917C,  476. 

Liability  of  married  woman  for  use  and 
safety  of  premises  owned  by  her.  19 
L.R.A.  (N.S.)    53L 

Liability  of  executor  or  administrator  for 
personal  injury  resulting  from  negli- 
gence in  care  or  management  of  proper- 
ty of  estate.     38  L.R.A. (N.S.)    379. 

Liability  of  owner  of  bees  for  injury  done 
by  "them.     62  L.R.A.  132. 

Duty  and  liability  of  owner  of  bathing  re- 
sort. 3  L.R.A.(N.S.)  982;  3  L.R.A. 
(N.S.)  1132;  32  L.R.A.(N.S.)  713;  38 
L.R.A.(N.S.)    72. 

Liability  of  keeper  of  bath  house  for  loss 
of  guest's  valuables.  6  L.R.A. (N.S.) 
828. 

Responsibility  of  lender  of  chattel  for  in- 
juries to  borrower  or  a  third  person 
due  to  its  unsafe  condition.  12  L.R.A. 
(N.S.)    632. 

Begin  tcith  this  took,  on  every  law  qpiestion. 


NEGLIGENCE— cont'd 


//.  Contributory  negligence. 

a.  Injury  to  person. 

1.  In  general,, 

§   31.  Generally. 

Of  person  injured  by  automobile,  see  Atrro- 
mobiles,  §  6. 

Of  operator  of  automobiles,  see  Automo- 
biles, §  7. 

On  bridge,  see  Bridges,  §  7. 

Of  person  injured  by  falling  building,  see 
Buildings,  §  12. 

Of  passenger,  see  Carriers,  §§  75-84. 

Of  deceased  or  his  parent  as  defense  to  ac- 
tion for  death,  see  Death,  §  13. 

Of  one  injured  by  electric  wire,  see  Elec- 
tricity, §  18. 

On  elevator,  see  Elevators,  §  8. 

Of  person  injured  by  explosion,  see  Ex- 
plosions and  Explosives,  §  10. 

Of  fireman,  see  Fire  Department,  §  8. 

Of  person  injured  by  defects  in  highway^ 
see  Highways,  §§  96-101. 

Of  driver  of  frightened  horse,  see  Horses, 
§  14. 

Of  servant,  see  Master  and  Servant,  §§ 
123-131. 

Of  person  injured  by  railroad  train,  see 
Railroad's, •§§  79-86. 

On  street  car  track,  see  Street  Railways,. 
§§  i:0-23. 

Of  trespasser,  see  Trespassers,  §  4. 

Intoxication  as  affecting,  see  Drunkenness, 
§§   5-9. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §§  80-84. 

Evidence  as  to  generally,  see  Evidence,. 
§  269. 

Effect  of,  on  right  to  recover  on  policy,  see 
Insurance,  §  169. 

Effect  of  patient's  negligence  on  liability  of 
physician  for  malpractice,  see  Physi- 
cians and  Surgeons,  §  15. 

Effect  of  obeying  or  disobeying  physician  on 
injured  person's  remedy  against  person 
inflicting  injurj^  see  Physicians  ano 
Surgeons,  §  18. 

Negativing  contributory  negligence  in 
pleading,  se  Pleading,  §  29. 

As  a  question  for  jury,  see  Trial,  §§  45-49. 

Instructions  as  to,  see  Trial,  §  66. 

Grant  of  new  trial  on  issue  of  contributory 
negligence  only.     L.R.A.1915E,  249. 

Conflict  of  laws  as  to.    56  L.R.A.  221. 

Contributory  wilfulness  as  a  defense  against 
an  action  for  personal  injury  based  on 
wilfulness  of  defendant.  L.R.A.1918D, 
1195. 

Effect  of  contributory  negligence  on  right 
of  action  for  violation  of  statute  not 
expresslv  conferring  it.  9  L.R.A.  (N.S.) 
342;  L.R.A.1915E,  520. 

Application  of  doctrine  of  contributory  neg- 
ligence to  negligent  homicide.  61 
L.R.A.  298. 


INDEX  TO  L.R.A.  NOTES. 


983 


NEGLIGENCE,  II.  a,  1— cont'd 

Of  person  injured  by  dangerous  condition 
of  private  grounds  lying  open  beside  a 
highway  or  frequented  path.  L.R.A. 
1918A,  861. 

Of  owner  in  failing  to  protect  his  premises 
from  flooding  through  drain  or  sewer. 
L.R.A.1918D,  371. 

On  wharf  or  dock.     61  L.R.A.  955. 

As  to  ambulance.     38  L.R.A.  (N.S.)   482. 

In  walking  tlirough  doorway  leading  to 
place  of  danger.  24  L.R.A.  (N.S.) 
246;  L.R.A.1917D,  892. 

Contributory  negligence  of  person  on  sur- 
face of  street  injured  by  elevated  rail- 
way company.     42  L.R.A. (N.S.)   91. 

In  case  of  falling  walls  or  buildings.  34 
L.R.A.  563. 

Forgetfulness  of  obstacle  or  defect  as  con- 
tributory negligence.  39  L.R.A. 
(N.S.)    896. 

Defective  hearing  of  person  injured  as  bear- 
ing upon  contributory  negligence. 
41   L.R.A.(N.S.)    193. 

Contributory  negligence  as  a  defense  to  an 
action  for  mental  anguish  in  telegraph 
case.     49  L.R.A. (N.S.)    270. 

Of  guest  at  inn.     43  L.R.A. (N.S.)    663. 

Of  one  seeking  to  hold  notary  or  other  officer 
certifying  to  acknowledgment  or  affi- 
davit liable  for  negligence  or  fraud. 
49  L.R.A. (N.S.)    54. 

Effect  of  contributory  negligence  of  lessee 
on  landlord's  liability  to  tenant  for 
damage  by  water.  L.R.A,1917B,  234, 
246. 

Use  of  article  or  appliance  with  knowledge 
of  defects  therein  as  affecting  liability 
of  manufacturer  or  vendor  for  conse- 
quential damages  caused  thereby. 
L.R.A.1918B,  204. 

Effect  of  wantonness,  malice,  or  personal 
motive  of  servant  in  using  dangerous 
agency  on  contributory  negligence  of 
person  injured.     10  L.R.A.(N.S.)    403. 

Rule  as  to  pleading  contributory  negligence. 
59   L.R.A.   275. 

Eight  to  show  disability  of  adult  on  issue 
of  contributory  negligence  without  alle- 
gation thereof.    L.R.A.1917D,  558. 

Probative  effect  of  admission  by  injured 
party  of  responsibility  for  accident.  15 
L.R.A.  (N.S.)   1096. 

Burden  of  proof  as  to.  .33  L.R.A. (N.S.) 
1085. 

Federal  courts  following  state  decisions  as 
to.     40  L.R.A. (N.S.)    437. 

§  32.  Care  required  of  one  In  sudden 
emergency. 

See  Eaiergency. 

§  33.  Voluntarily  Incurring  danger  to 
save  life  of  anotlier. 

In    general.      49    L.R.A.    715;     27    L.R.A. 

(N.S.)    1069. 
Illustrations.     49  L.R.A.  716. 
Exceptions.     49   L.R.A.   719. 
Effect  of  previous  contributory  negligence. 

49  L.R.A.  720. 
Consult  also  L.B.A.  Digests  of  Cases, 


NEGLIGENCE,  II.  a,  1— cont'd 
§   3  4.  After  occurrence  of  original  in- 
jury. 

Duty  to  keep  down  damages,  see  Dam- 
ages, §§  3-11. 

Injured  person's  dutv  to  apply  or  obtain 
treatment.      48   L.R.A.  (N.S\)    108. 

Patient's  own  negligence  or  failure  to  fol- 
low instructions  as  affecting  liability 
of  physician  or  surgeon  for  malprac- 
tice. '17  L.R.A. (N.S.)  1242;  48  L.R.A. 
(N.S.)   110. 

In  treatment  or  care  of  wound  as  affect- 
ing criminal  responsibility  for  homi- 
cide. 22  L.R.A. (N.S.)  841;  28  L.R.A. 
(N.S.)    665;  L.R.A.1915F,  608. 

Subsequent  conduct  of  injured  person  in  its 
relation  to  proximate  cause,  as  distin- 
guished from  contributory  negligence. 
18  L.R.A. (N.S.)    640. 

§  35.  Of  tenant  or  his  guests  or  serv- 
ants. 

Of  tenant  injured  by  defect  in  premises.  34 
L.R.A.  830;  34  L.R.A.(N.S.)  808;  48 
L.R.A. (N.S.)  921;  L.R.A.1916D,  1228; 
L.R.A.1918E,  221. 

Effect  of  contributory  negligence  of  lessee 
on  landlord's  liability  to  him  for  sick- 
ness due  to  unsanitary  condition  of 
premises.     L.R.A.1917A,  996. 

Effect  of  negligence  of  injured  person  on 
liability  of  landlord  for  personal  in- 
juries to  persons  in  privity  with  ten- 
ant.    L.R.A.1916F,  1092. 

Contributory  negligence  of  tenant's  guests 
and  servants  injured  by  defects  in 
premises.     34  L.R.A.   616. 

2.  Of  children  or  their  parents. 

§   3  6.  Of  child. 

Of  child  injured  on  railroad,  see  Railroads, 

§  84  a. 
Of  child  injured  by  street  car,  see  Street 

Railways,  §  22. 

Standard   of   care   required.      L.R.A.1917F, 

13. 
Age  at  which  doctrine  of  contributory  neg- 
ligence may  be  applied.     L.R.A.1917F, 
42. 
Age  at  which  infant's  conduct  is  to  be  meas- 
ured by  same  standard  as  that  of  adult. 
L.R.A.1917F,  73. 
The  term  "sui  juris."     L.R.A.1917F,  83. 
As  question  for  jury.     17  L.R.A.  79;  L.R.A. 

1917F,  84,  172. 
Particular    applications.      L.R.A. 1917F,    92. 
Injuries  by  animals.     L.R.A.1917F,  92. 
Injuries    by    automobiles.      26    L.R.A. 
(N.S.)  425,  51  L.R.A.(N.S.)   1008; 
L.R.A.1918A,  245. 
Injuries  by   other  vehicles  or   passing 
teams.     19   L.R.A. (N.S.)    161;    39 
L.R.A.(N.S.)  482;  L.R.A.1917F,  98. 
Injury    while    coasting    in    street.      L.R.A. 
1918F,  782. 
Defects    or   obstructions   in   streets   or 

highways.     L.R.A.1917F,  95. 
Dangerous    machinery    and    appliances 
generally.     L.R.A.1917F,  94. 


984 


INDEX  TO  L.R.A.  NOTES. 


NEGLIGENCE.  II.  a,  2— cont'd 
Drawbridge.    L.R.A.1917F,  99. 
Electricity.     L.R.A.1917F,  100. 
Emergencies  in  general.     L.R.A.1917F, 

104. 
Excavations,  shafts,  and  embankments. 

L.R.A.1917F,  105. 
Elevators.     L.R.A.1917F,  195. 
Falling  objects.     L.R.A.1917F,  106. 
Fires.     L.R.A.1917F,  108. 
Ponds,  reservoirs,  and  waters  generally. 

L.R.A.1917F,  109. 
Turntables.      14   L.R.A.   784;    4  L.R.A. 

(N.S.)   80;  L.R.A.1917F,  111. 
Jumping    on    or    off    moving    railroad 

train.     29  L.R.A.(N.S.)   846. 
Contributory  negligence  of  child  as  bar  to 
parent's    recovery    for    its    death,      17 
L.R.A.  78. 

§   37.  Of  parent. 

Imputing  parent's  negligence  to  child,  see 
infra,  §§  46-48. 

Unexplained  presence  of  unattended  child 
non  sui  juris  in  place  of  danger  as 
prima  facie  evidence  of  negligence  of 
pactints.      16   L.R.A. (N.S.)    395. 

3.  On  highways. 

§   38.  Generally. 

Of  children,  see  supra,  §  36. 

Of   person   injured   by   automobile,   see  AxT- 

TOMOBILES,    §§    6,    7. 
Of   traveler   receiving   shock    of    electricity 

from  wires  strung  along  higliway,  see 

Electricity,  §  18. 
Of  person  injured  by  defects  in  highway,  see 

Highways,  VI.  m. 
At  railroad  crossing,  see  Railroads,  §§  81- 

84. 
Of  person  injured  by  railroad  trains  operat- 
ed   longitudinally   along    public   street, 

see  Railroads,  §  52a. 
On  street  car  track,  see  Street  Railways, 

§§  20-23. 

Signal  of  traffic  officer  as  affecting  duty  of 
travelers  to  exercise  care.  L.R.A. 
1917B,  137. 

Standing  on  driven  vehicle  as  negligence. 
19  L.R.A.(N.S.)   223. 

Voluntary  obstruction  of  view  while  on 
highway  as  contributory  negligence.  33 
L.R.A.(N.S.)    784. 

Driving  blind  horse  as  contributorv  negli- 
gence.    48  L.R.A.(N.S.)    141. 

Contributory  negligence  of  passenger  riding 
in  automobile  driven  by  another  pre- 
cluding recovery  against  third  person 
for  injury.     L.R.A.1915B,  955. 


§   39.  Duty    of    pedestrian    crossing    or 
traveling    street    to    avoid    passing 

In     general.       19     L.R.A.  (N.S.)      161 

L.R.A.(N.S.)    481. 
Children.     19  L.R.A. (N.S.)    161;   39  L.R.A. 

(N.S.)    482. 
Person    of    impaired   faculties.      19    L.R.A. 

(N.S.)    163. 


NEGLIGENCE,  II.  a,  3— cont'd 

Dutv  to  look  and  listen.     19  L.R.A. (N.S.) 

'163;    39  L.R.A. (N.S.)    481. 
Failure  to  discover  approaching  vehicle.    19 

L.R.A.(N.S.)      163;     39     L.R.A.  (N.S.) 

482. 
Where    approaching    vehicle    is    seen.      19 

L.R.A.(N.S.)      165;     39     L.R.A.  (N.S.) 

484. 
Articles    projecting    or    dragging    from    ve- 
hicle.       19      L.R.A.  (N.S.)       165;      39 

L.R.A. (N.S.)   484. 
Acts  in  emergency.     19  L.R.A. (N.S.)    165; 

39  L.R.A.(N.S.)    485. 
Vehicles     approaching     from     behind.      10 

L.R.A.  (N.S.)  165;  39  L.R.A.  (N.S.)  485. 
Reliance   upon    presumption   of   exercise   of 

due   care   bv   driver.     19   L.R.A. (N.S.) 

166;    39   L.R.A. (N.S.)    486. 
Subsequent  negligence  of  driver.     19  L.R.A. 

(N.S.)    166. 
Duty  when  traveling  in  street  or  crossing 

where  there  is  no  crosswalk.    39  L.R.A. 

(N.S.)    481. 

§   4  0.  Violation  of  rule  of  the  road. 

Of  child  injured  by  automobile.  L.R.A. 
1918A,  245. 

Violation  of  law  of  the  road  by  person  in- 
jured on  defective  street.  13  L.R.A. 
(N.S.)  1267;  21  L.R.A. (N.S.)  668. 

Violation  of  statute  or  ordinance  giving  one 
vehicle  right  of  way  as  against  another. 
L.R.A.1917D,  693. 

Violation  of  ordinance  as  to  part  of  street 
or  highway  to  be  used  by  vehicles  as 
contributory  negligence.  L.R.A.1917C, 
999. 

Rule  of  the  road  governing  vehicles 
ceeding  in  the  same  direction. 
L.R.A.(N.S.)    337. 

Rule  of  the  road  governing  vehicles 
ceeding  in  opposite  directions. 
L.R.A. (N.S.)    332. 

Turning  to  wrong  side  of  road  to  avoid  ap- 
proaching vehicle  which  is  itself  on 
wrong  side,  as  contributory  negligence 
on  the  part  of  a  plaintiff.  7  B.  R.  C. 
705. 

Rule  of  the  road  governing  vehicles  at  in- 
tersection of  streets  and  when  turning 
a  cross  street.    41  L.R.A. (N.S.)  336. 


4.  Imputed  negligence. 

41.  Generally. 

case   of    injury   to    property,   see   infra. 


pro- 
41 


pro- 
41 


In 


§   54. 


Imputing  negligence  of  one  fireman  to  an- 
other, see  FrtE  Department,  §  7. 

Doctrine  of  last  clear  chance  in  case  of.    26 
L.R.A. (N.S.)    309. 
39  I  Imputing  third  person's  negligence  io  per- 
son   injured    on    defective    street.      21 
L.R.A.(N.S.)    670. 

In  case  of  injury  bj'  violation  of  ordinance 
affecting  operation  of  railroads.  5 
L.R.A. (N.S.)    240. 


Begin  nHth  this  took,  on  every  lair  question. 


INDEX  TO  L.R.A.  NOTES. 


985 


NEGLIGENCE,  II.  a,  4— cont'd 
§   42.  Of  driver  to  passenger. 

Of  husband  to  wife  while  latter  is  driving, 
see  infra,  §  44. 

Imputed  negligence  of  driver  to  passenger. 
8  L.R.A.(N.S.)   597;  L.R.A.1915A,  761. 

Imputing  negligence  of  driver  of  tire  appara- 
tus to  fireman.  19  L.E.A.(N.S.)  629; 
L.R.A.1917E,  422. 

Imputed  negligence  of  passenger  riding  in 
automobile  driven  by  another  preclud- 
ing recovery  against  third  person  for 
injuries.     L.R.A.1915B,  953. 

§   4  3.  Of  husband  to  wife. 

Husband's  negligence  as  bar  to  recovery  for 
injury  to  wife,  see  Husband  and  Wife, 
§   64. 

Of  husband  as  bar  to  recovery  for  wife's  in- 
juries.    22  L.R.A.  460.  " 

§   44.  — while  husband  is  driving. 

Whether  imputable  to  wife  injured  while 
riding  with  husband.  14  L.R.A.  733; 
L.R.A.1915A,  764. 

§   4  5.  Of  coservant  to  master. 

Imputing  to  master  coservant's  negligence 
in  respect  to  preparation  or  structural 
modification  of  instrumentalities  or 
their  parts.     54  L.R.A.  136. 

Imputing  to  master  negligence  of  coserv- 
ants  whose  duty  it  is  to  keep  instiTi- 
mentalities  in  proper  condition.  54 
L.R.A.   153. 

§   4  6.  Of  parent   to   child. 

Presumption  and  burden  of  proof  as  to, 
see  Evidence,  §  84. 


Imput 


see   Jii  V 1  LI jiiNv^i!,,   s   ot. 

uting  negligence  of  parent  to  child.  3 
L.R.A.  385;  6  L.R.A.  545;  8  L.R.A. 
495;*  17  L.R.A.  79. 

§   4  7.  — bar  to  action  by  child. 

Contributory  negligence  of  parent  or  cus- 
•todian  as  a  bar  to  action  by  child 
for  negligent  injuries.  21  L.R.A. 
76;   18  L.R.A.(N.S.)    320. 

§  48.  —bar  to  action  by  parent  or  ad- 
ministrator. 

Effect  of  parent's  negligence  to  defeat  his 
recovery  for  injury  or  death  of  child. 
10   L.R.A.    653;*    17   L.R.A.    79. 

Contributory  negligence  of  parent  as  bar  to 
action  by  parent  or  administrator  for 
death  of  child  non  sui  juris.  18  L.R.A. 
(N.S.)    328;    38   L.R.A.  (N.S.)    754.  _ 

Imputing  negligence  of  custodian  of  child 
non  sui  juris  to  parent  in  action  by 
latter,  or  by  administrator,  for  death 
or  injury  of  child.  32  L.R.A. (N.S.) 
410. 

§  49.  Of  landlord  to  tenant,  and  vice 
versa. 

Is  the  landlord's  negligence  in  relation  to 
the  promises  imputable  to  the  tenant, 
or  vice  versa,  so  as  to  prevent  a  re- 
covery from  a  negligent  third  person. 
19  L.R.A. (N.S.)    498. 

Consult  also  L.B.A.  Digests  of  Cases. 


NEGLIGENCE,  II.  a— cont'd 

5.  Last    clear    chance;     humanitarian 
doctrine. 

§50.  Generally. 

Origin,  function,  and  mode  of  operation  of 
doctrine.     55  L.R.A.  418. 

Doctrine  of  last  clear  chance  as  affected  by 
question  w'hether  negligence  of  plain- 
tifl^  or  deceased  and  of  defendant  was 
concurrent.  7  L.R.A.  (N.S.)  132;  7 
L.R.A.  (N.S.)  152;  17  L.R.A.  (N.S.) 
707;  19  L.R.A. (N.S.)  446  (and  refer- 
ences) ;  27  L.R.A.  (N.S.)   379. 

Exercise  of  due  care  by  plaintiff  after  de- 
fendant's negligence.  33  L.R.A. (N.S.) 
1211. 

Last  moment  to  which  presumption  that 
person  in  dangerous  condition  will  seek 
place  of  safety  may  be  indulged.  69 
L.R.A.  554. 

Applicability  of  doctrine  of  last  clear  chance 
to  case  of  imputed  negligence.  26 
L.R.A. (N.S.)    309. 

As  distinguished  from  rule  that  contribu- 
tory negligence  is  not  a  defense  against 
a  wanton  or  wilful  injury.  21  L.R.A. 
(N.S.)    427. 

Recovery  for  injury  to  child  in  attempting 
to  cross  street  car  tracks  notwith- 
ing  his  contributory  negligence.  11 
L.R.A.  (N.S.)    174. 

§  51.  Applicability  of  doctrine  where 
danger  not  discovered. 

Applicability  of  doctrine  of  last  clear 
chance  where  danger  not  actually  dis- 
covered. 55  L.R.A.  418;  36  L.R.A. 
L.R.A. (N.S.)    957. 

§  52.  Intoxication  of  person  on  rail- 
road track  as  alfecting  applicability 
of  doctrine. 

Where  no  duty  to  keep  a  lookout  for  tres- 
passers.    31  L.R.A.(N.S.)    1032. 

Where  duty  to  keep  lookout  fully  per- 
formed.    31  L.R.A.  (N.S.)    1033." 

Where  object  seen  on  track  not  known  to 
be  a  human  being.  31  L.R.A. (N.S.) 
1033. 

Where  train  men  justified  in  assuming  per- 
son would  leave  track.  31  L.R.A. 
(N.S.)    1034. 

Breach  of  duty  after  actual  discovery  of 
danger.     31  L.R.A.  (N.S.)    1035. 

Effect  of  intoxication  to  interrupt  trespass- 
er's original  negligence.  31  L.R.A. 
(N.S.)    1035. 


6.  Where     defendant's     negligence     is 
tcanton  or  wilful. 

§   52a.  Generally. 

May  wantonness  or  wilfulness,  precluding 
defense  of  contributory  negligence,  be 
predicated  of  the  omission  of  a  duty 
before  the  discovery  of  a  person  in  a 
position  of  peril  on  a  railroad  or  street! 
railway  track.    21  L.R.A. (N.S.)  427. 


986 


INDEX  TO  L.R.A.  NOTES. 


NEGLIGENCE,  II.  a,  6— cont'd 

ft.  Injury  to  property. 

§   53.  Generally. 

Of  depositor  where  deposit  is  paid  to  wrong 

party,  see  Banks,  §§  23-25a. 
Negligence  of  guest  at  inn,  see  Innkeepers, 

§  9. 
In  case  of  injury  to  property  by  fire,  see 

Fires,  II.;  Railroads,  §  86. 
Duty  and  negligence  with  respect  to  lateral 

support,   see  Lateral  Support. 

Of  shippers  of  live  stock  with  respect  to 
injury  at  pens  or  yards  at  stations.  44 
L.R.A.    294. 

Effect  of  contributory  negligence  on  liabil- 
ity as  to  infected  animals.  26  L.R.A. 
540. 

In  case  of  property  destroyed  by  mob.  24 
L.R.A.  597. 

Contributory  negligence  as  defense  against 
municipal  liability  for  injury  by  drain- 
age.    61  L.R.A.  706. 

Negligence'  of  officer  or  agent  of  a  munici- 
pality contributing  to  the  injury  of  its 
property  as  a  bar  to  its  recovery 
against  a  third  person.  30  L.R.A. 
(N.S.)    209. 

Of  one  whose  property  is  destroyed  by  mob. 
44  L.R.A. (N.S.)   360. 

Contributory  negligence  of  passenger  in 
case  of  loss  of  hand  baggage  or  other 
effects  in  his  custody  or  control.  L.R.A. 
1915B,  612,  619. 

§   54.  As  to  waters. 

Liability  for  injuries  by  floating,  rafting, 
or  driving  logs,  see  Logs  and  Logging, 


In  obstruction  of  navigation.  59  L.R.A. 
88. 

In  case  of  injuries  by  navigation.  64  L.R.A. 
987. 

Of  riparian  owner  injured  by  running  logs 
in  stream.     41  L.R.A.  497. 

As  affecting  liability  for  damming  back  wa- 
ter of  stream.     59  L.R.A.  904. 

Failure  to  protect  property  against  surface 
water  as  contributory  negligence.  33 
L.R.A.(N.S.)    369. 

§   55.  Imputed  negligence. 

Imputing  negligence  of  bailee  to  bailor  in 
action  by  the  latter  against  third  per- 
son for  destruction  of  property.  17 
L.R.A.(N.S.)  925;  27  L.R.A. (N.S.)  690. 

Is  negligence  of  attorney  attributed  to  par- 
ty under  statute  for  relief  from  judg- 
ment taken  by  inadvertence,  surprise, 
or  excusable  neglect.  27  L.R.A. (N.S.) 
858. 


NEGIilGENT   HOMICIDE. 


NEGOTIABILITY. 

See  Bills  and  Notes,  §§  19-23;  Bonds,  { 
18;  Checks,  §  4. 


NEGOTIABLE  INSTRUMENTS. 

See  Bills  and  Notes;   Checks. 


NEGROES. 


Separation  of  white  and  colored  passengers. 

see    Carriers,    §    43. 
Civil  rights  of,  see  Civil  Rights. 
Right  to  serve  as  jurors,  see  Civil  Rights, 

§  4. 
Actionability  of  charge  that  one  has  negro 

blood,  see  Libel  and  Slander,  §  9. 
Intermarriage   of   whites   and   negroes,    see 

Miscegenation. 
As  slave,  see  Slaves. 

Color  of  delinquent  fellow-servant  as  tend- 
ing to  show  negligence  of  master.  48 
L.R.A.  379. 

Specific  performance  as  affected  by  vendor's 
ignorance  that  purchaser  is  a  negro. 
32  L.R.A.(N.S.)    125. 

Who  is  a  negro,  mulatto,  or  a  person  of 
color  within  statutes  not  specifical- 
ly defining  same.  31  L.R.A. (N.S.) 
180;  L.R.A.1915A,  828. 

Libel  or  slander  where  "sting"  is  due  to 
prejudice  against.    L.R.A.1916E,  679. 

Validity  and  enforceability  of  contract  or 
covenant  in  relation  to  real  property 
which  discriminates  against  persons 
because  of  color.     L.R.A.  1916B,  1208. 


NEIGHBORS. 

In  general,  see  Adjoining  Owner. 

Power  to  make  use  of  property  for  particu- 
lar purpose  or  in  particular  manner 
conditional  on  consent  of.  8  L.R.A. 
(N.S.)    978. 

Right  to  enjoin  maintenance  of  house  of 
prostitution.  11  L.R.A.(N.S.)  1060; 
42  L.R.A.(N.S.)  1041;  L.R.A.1918D, 
819. 


NEPHEW. 


54    L.R.A. 


Insurable    interest    in    life    of. 
233. 

Extrinsic  evidence  to  identify  person  intend- 
ed by  testator  using  term.  47  L.R.A. 
(N.S.)    533. 


NEPOTISM 


Libel  or  slander  by  charge  of,  against  pub- 
lic officer  or  candidate.     L.R.A.1918E, 
See  Homicide,  §  15.  '  35. 

Begin  xcith,  this  booTe  on  every  law  question. 


I 


INDEX  TO  L.R.A.  NOTES. 


«S7 


NERVOUS  SHOCK. 

In  general,  see  Fright,  §§  2,  3. 

As  an  accident  within  the  meaning  of  the 
Workmen's  Compensation  Act.  L.R.A. 
1917D,  112. 


NET    EARNINGS. 


What  constitutes  tlie  net  earnings  of  a  pub- 
lic service  corporation  for  rate-making 
purposes.     52  L.R.A.  (N.S.)   16. 


NEW  PROMISE. 

Consideration  for,  where  original  contract 
unenforceable,  see  Contracts,  §  13. 

By  married  woman  after  discoverture,  ef- 
fect, see  Husband  and  Wife,  §  19. 

As  affecting  statute  of  limitations,  see  Lim- 
itation OF  Actions,  §§  68-71. 


NEWSBOY. 


NET  PROFIT. 


Net  profit  rule  as  to  existence  of  partner- 
ship, see  Partnership,  §  7. 


NETS. 

See  Fisheries,  §  6. 


NEURALGIA. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A. (N.S.) 
762;  24  L.R.A  (N.S.)  103;  25  L.R.A. 
.(N,S.)   1297. 


NEUTRALITY. 


Effect  of  warranty  of,  on  liability  under 
policy  of  marine  insurance  for  losses 
arising  out  of  state  of  war.  5  B.  R.  C. 
11. 


NEW  ACTION. 


After   statute   of   limitations   has    run,   see 
Limitation  of  Actions,  §  64. 

Reversal  on  merits  without  remanding  as 
bar  to.    30  L.R.A.(N.S.)  377. 


Carrier's  liability  for  injury  to,  see  Carri- 
ers,  §  55. 

As  a  passenger.     22  L.R.A.  796. 


NEWSPAPER. 


press,    see    Constitutional 
a    contempt,    see    Cox- 


Freedom    of    the 

Law,  §  29a. 
Publication    in    as 

tempt,  §§  6,  7. 
Opinions    gained    from,    as    disqualification 

to  act  as  juror,  see  Jury,  §  12. 
Libel  by,  see  Libel  and  Slander. 

As  a  necessary  within  statute  rendering 
wife  or  her  property  liable  therefor. 
L.R.A.1917F,  864. 

Contract  by,  to  indemnifj'  against  accident 
as  insurance  contract.  47  L.R.A. (N.S.) 
299. 

Use  of  newspaper  articles  bv  counsel  in 
arguing  to  jury.     L.R.A.1918D,  82. 

Jury  in  criminal  case  reading  newspaper 
account  of  trial  as  ground  for  new 
trial.     46   L.R.A. (N.S.)    741. 

Publication  and  sale  of,  on  Sunday.  L.R.A. 
1916C,  1151. 

Admissibility  of  newspaper  files  to  prove  the 
publication  or  contents  of  an  order  of 
publication.     L.R.A.1915C,  690. 

Extracts  from,  as  evidence.     40  L.R.A.  574. 

As  manufactures.    14  L.R.A.  108. 

Liability  of  municipality  or  county  on  im- 
plied contract  for  publishing  notices  in 
newspaper.     27   L.R.A. (N.S.)    1130. 

Newspaper  opinion  as  disqualification  of 
juror  in  criminal  case.  35  L.R.A.  (N. 
S.)  985. 

Newspaper  pass  as  violation  of  statute  pro- 
hibiting discrimination  in  passenger 
rates.  23  L.R.A.  (N.S.)  217;  31  L,R.A. 
(N.S.)   657. 


NEWLY  DISCOVERED  EVIDENCE. 

As  ground  for  new  trial,  see  New  Trial, 

§§   10,   11. 
As  ground  for  bill  of  review,  see  Review, 

§  3. 

As  ground  for  injunction  against  judgment. 

30   L.R.A.(N.S.)    571. 
As  ground  for   opening  decree   of  divorce. 

L.R.A.1917B,  4^6. 
Consult  also  L.R.A.  Digests  of  Cases. 


NEWSPAPER  QUOTATIONS. 

As  evidence  of  value.    16  L.R.A. (N.S.)  758. 


NEW  SPRING. 

Right  to  water  of.     30  L.R.A.  (N.S.)   1158. 


988 


INDEX  TO  L.R.A.  NOTES. 


NEW  TRIAI;. 

/.  In  general,  §§  1,  2. 
II.  Grounds  for,  §§  3-11. 
a.  In  general,  §  3. 
h.  Errors  in  verdict,  §§  4-6. 

c.  Matters  as  to  Jury,  §§  7-9. 

d.  Newly    discovered    evidence, 

§§    10,   11. 
III.  Practice,  §§  12-14:. 

I.  In  general. 

§    1.  Generally. 

In  ejectment,  see  Ejectment,  §  13. 

Setting  aside  award  in  condemnation  pro- 
ceedings, see  Eminent  Domain,  §  35. 

Relief  from  judgment,  generally,  see  Judg- 
ment, §§  87-97. 

Bill  of  review,  see  Review. 

Lack  of  remedy  by,  as  ground  for  injunc- 
tion against  judgment.     30  L.R.A.  560. 

Waiver  of  right  to  appeal  from  order  grant- 
ing, by  accepting  favorable  part  of  or- 
der.     29    L.R.A.  (N.S.)    27. 

Right  to  a  new  trial  after  satisfaction  of 
the  judgment.     68  L.R.A.  126. 

Effect  of  prior  decision  en  statutory  new 
trial   in  real   actions.     40   L.R.A.   825. 

Effect  of  repeal  of  civil  statute  on  pending 
motion   for.     37   L.R.A. (N.S.)    934. 

Power  of  public  prosecutor  to  dismiss  pros- 
ecution after  grant  of.     35  L.R.A.  716. 

Admissibility  on  subsequent  trial  of  admis- 
sion made  for  purpose  of  defeating  a 
continuance.     25  L.R.A. (N.S.)    169. 

Effect  of  granting  new  trial  after  conviction 
to  extend  liability  on  accused's  bond. 
20  L.R.A.(N.S.)   861. 

Effect  of  granting  new  trial  on  entry  of 
second  judgment  without  vacation  or 
reversal  of  first.     44  L.R.A. (N.S.)   346. 

Raising  objection  of  duplicity  in  indictment 
by  motion  for  new  trial.  49  L.R.A. 
(N.S.)    457. 

Question  whether  suit  for  statutory  penal- 
ty is  a  civil  or  criminal  prosecution  as 
affecting  right  to  new  trial.  27  L.R.A. 
(N.S.)   752. 

§  2.  Power  of  court  to  grant,  generally. 

Effect  of  provision   that   jury   shall   deter- 
mine  the    law   and    the    facts   in   libel 
cases  on  court's  power  to  set  aside  a 
verdict.     33  L.R.A. (N.S.)    209. 
Right  of   court  to  grant  new  trial  on   its 
own   motion,   or  on  grounds  other 
than   those   urged    by   the   moving 
party.     40  L.R.A.  (N.S.)   291. 
Permitting  chancery  to  set  aside  a  verdict 
upon  an  issue  directed  by  it  to  a  law 
court,  as  an  unconstitutional  infringe- 
ment   upon    the    latter's    powers.       8 
L.R.A.(N.S.)   866. 

II.  Grounds  for. 

a.  In  general. 

§   3.  Generally. 

Loss  or  incompleteness  of  record  for  purpose 

of  appeal.    L.R.A.1915B,  353. 
Begin  icith  this  booTc  on  every  law  question. 


NEW  TRIAL,  II.  a— cont'd 

Perjury  as  ground  for  new  trial.    51  L.B.A^ 
(N.S.)  286. 

Because  of  demeanor  of  witnesses.  41 
L.R.A.(N.S.)   855. 

Because  of  death  of  judge  before  signing  biH 
of  exceptions.     2  L.R.A.  (N.S.)   1000. 

Inconsistent  testimony  in  another  suit  as 
ground  for.     42  L.R.A.  692.  . 

Comment  by  prosecuting  attorney  on  fail- 
ure of  defendant  to  produce  witness  as 
ground   for.     34   L.R.A.  (N.S.)    811. 

Misstatement  of  facts  or  statement  of  facts 
not  in  evidence  by  counsel  to  the  jury. 
L.R.A.1918D,  45. 

Admonishing  or  warning  witness  by  judge 
in  criminal  case.     L.R.A.1917E,  859. 

Effect  of  misconduct  of  spectator  during 
criminal  trial.     L.R.A.1918E,  959. 

Refusal  to  allow  cross-examination  on  rele- 
vant matters  covered  by  examination  in. 
chief  as  ground  for  new  trial.  25^ 
L.R.A.  (N.S.)   683. 

Power  of  court  to  disregard  testimony  be- 
cause contrary  to  scientific  principles.. 
7  L.R.A.(N.S.)  357;  15  L.R.A. (N.S.) 
701;  28  L.R.A.(N.S.)  648;  L.R.A. 
1916D,  301. 


ft.  Errors  in  verdict. 

§   4.  Generally. 

As  remedy  for  correction  of  special  verdict. 
24  L.R.A.  (N.S.)    76. 

§  5.  Excessiveness  of  damages  or  sen- 
tence. 

Curing  excessiveness  by  remittitur,  see 
New  Trial,   §  14. 

Granted  by  appellate  court  on  account  of 
excessive  damages.  26  L.R.A.  391;  51 
L.R.A.(N.S.)   388. 

Granting  new  trial  because  of  excessive  ver- 
dict as  interference  with  constitution- 
al right  to  jury  trial.  51  L.R.A. (N.S. ), 
860. 

§   6.  Inadequacy  of  damages. 

Inadequacy  of  damages  as  a  ground  for  set- 
ting aside  a  verdict.  47  L.R.A.. 
33. 
Actions  for  assault  and  battery 
and  other  torts.  47  L.R.A.^ 
44;  39  L.R.A. (N.S.)   487. 


c.  Matters  as  to  jury. 

§   7.  Generally. 

Effect    of    failure    to    swear    jury.      L.R.A.^ 

1917D,  399. 
Permitting    separation    of    jury    in    capital 

case.     24  L.R.A. (N.S.)  776. 
For  coercion  of  disagreeing  jury.    16  L.R.A. 

■  643. 
Because  of   communication  by  judge   with 

jury  not  in  open  court.     17  L.R.A.  (N, 

S.)  609;  L.R.A.1915D,  719. 


INDEX  TO  L.R.A.  NOTES. 


989 


NEW  TRIAL,  II.  c— cont'd 

Right  to  reversal  or  new  trial  where  jury 

disregard    erroneous    instructions.      21 

L.R.A.(N.S.)   852. 
Employment    of    person    to   watch    jury    to 

guard    against    their    being    tampered 

with.     48  L.R.A.(N.S.)   540. 
Jtiror   in   criminal   case   reading  newspaper 
account  of  trial  as  ground  for  new 
trial.     46  L.R.A.(N.S.)    741. 
Attack  out  of  court  in  presence  of  jurymen 

upon   credibility  of  witness   as  groxmd 

for  new  trial.     L.R.A.1917B,  248. 
Mistake   as   to   name   of   juror   in   criminal 

case  as  ground  for  new  trial.    47  L.R.A. 

(N.S.)   715. 
Consumption    of    liquor    by    jury.      L.R.A. 

1915C,  302. 
Unauthorized     view     by    juror     or    jury. 

L.R.A.1915B,  703. 

§   8.  Treating  jurors. 

Treating  jurors  as  ground  for  new  trial. 
19  L.R.A.(N.S.)  733;  49  L.R.A.(N.S.) 
889. 

§   9.  Disqualification   of  juror. 

General   statement  of  the  law.     18   L.R.A. 

473. 
Objections  on  the  ground  of  age  of  jurors. 

18  L.R.A.  475. 
Alienage.     18  L.R.A.  476. 
Want  of  property  qualifications.     18  L.R.A. 

476. 
Irregularities  of  selection.    18  L.R.A.  476. 
Bias  of  jurors.     18  L.R.A.  476. 
Criminality  of  juror.     18  L.R.A.  478. 
Unknown  disqualification  of  juror  existing 

at  time  of  his  selection  as  ground 

for    new    trial.      50    L.R.A. (N.S.) 

933. 

d.  Newly  discovered  evidence. 

8   10,  Generally. 

As  ground  for  bill  of  review,  see  Review, 
§  3. 

Bill  of  review  because  of  newly  discovered 
evidence  after  affirmance  or  reversal  by 
appellate  court.  4  L.R.A. (N.S.)  865; 
30  L.R.A. (N.S.)    1030. 

Subsequent  events  disproving  character  or 
extent  of  bodily  injury  for  which  re- 
covery was  had,  as  ground  for  new 
trial.     45   L.R.A.   (N.S.)    87. 

Physical  condition  of  plaintiff,  after  ver- 
dict in  an  action  for  personal  injuries, 
tending  to  show  falsity  of  testimony 
as  to  extent  or  character  of  his  in- 
jury, as  ground  for  new  trial.  L.R.A. 
1915B,  243. 

Insanity  of  accused  at  the  time  of  the  of- 
fense, raised  for  the  first  time  on  mo- 
tion for  new  trial.    L.R.A.1918B,  1146. 

§   11.  Cumulative  evidence. 

Cumulative  evidence  as  ground  for  new  trial 

in  criminal  cases.    46  L.R.A.  (N.S.) 

903. 
Cumulative    evidence    as    groifnd    for    new 

trial  in  civil  cases.     L.R.A.1916C, 

1162. 
Consult  also  L.B.A.  Digests  of  Cases. 


NEW  TRIAL,  II.  d— cont'd 
III.  Practice. 

§    12.  Generally. 

First  and  last  davs  in  computing  time  for. 
49  L.R.A.  225. 

Power  to  limit  the  issues  in  granting  new 
trial.     L.R.A.1915E,  239. 

When  objection  must  be  made  to  consump- 
tion of  liquor  by  jury  urged  as  ground 
for  new  trial.     L.R.A.1915C,  318. 

Objecting  to  jurors  who  have  served  in  same 
or  similar  case  by  motion  for  new  trial. 
68  L.R.A.  885. 

Review  by  appellate  court  of  ruling  of  trial 
court  on  motion  to  grant  a  new  trial 
in  action  for  bodily  injuries  on  ground 
of  inadequacy  of  damages  awarded.  28 
L.R.A.  (N.S.)   130. 

Rights  of  individual  tort  feasors  against 
whom  a  joint  verdict  has  been  obtained 
to  make  separate  motions  for  new  trial. 
L.R.A.1918C,  974. 

May  a  judgment  against  two  or  more  tort 
feasors  be  set  aside  as  to  some  and 
allowed  to  stand  as  to  the  others.  27 
L.R.A.(N.S.)  209;  L.R.A.1918C,  970. 

§    13.  Testimony  or  affidavit  of  jurors. 

Admissibility  of  affidavit  of  juror  to  show 
misconduct  outside  the  jury  room  and 
not  in  hearing  in  verdict.  31  L.R.A. 
(N.S.)    930. 

Impeachment  of  nonunanimous  verdict  by 
affidavits  or  testimony  of  dissenting 
jurors.    L.R.A.1918C,  149. 

§    14.  Remittitur. 

Power  of  trial  court  to  cure  an  excessive 
verdict  by  requiring  or  permitting 
a  reduction  where  true  measure  of 
damages  not  ascertainable  by  mere 
computation.        39      L.R.A.  (N.S.) 
1064. 
Power  of  court  to  make  a  reduction  of  dam- 
ages a  condition  of  refusing  a  new  trial 
of  an  action  for  unliquidated  damages, 
without  consent  of  defendant.     6  B.  R. 
C.  10. 


NEXT  FRIEND. 


Right  of  insane  person  to  institute  proceed- 
ings by,  see  Incompetent  Persons, 
§  19. 

Representation  of  infant  by,  see  Infants, 
§  32.  ; 

As  proper  party  to  bring  suit,  see  Pabties, 
§  24. 


NEXT  OF  KIN, 


Right   to   testify   in   favor   of   the   estate 
L.R.A.1918C,  918. 


ooa 


INDEX  TO  L.R.A.  NOTES. 


NEXT  OF  KIN— cont'd 

Right  of  persons  claiming  through  deceased 
relative  to  participate  with  those  stand- 
ing in  equal  degree  of  relationship  with 
such  relative,  in  provision  for  "next  of 
kin."     28  L.F.A.(N.S.)    479. 

Beneficiaries  and  parties  plaintiff  to  ac- 
tion for  death  where  statute  provides 
for  recovery  for  benefit  of  next  of  kin 
of  deceased.     L.R.A.1916E,  118. 

Who  is,  within  meaning  of  Workmen's  Com- 
pensation Statutes.     L.R.A.1918F,  485. 


NICKNAME. 


As  evidence  of  incompetency  of  fellow  serv- 
ant.   41  L.R.A.  99;  48  L.R.A.  391. 


NIECE. 

Insurable  interest  in  life  of,    54  L.R.A,  233, 
As  member  of  family  of  insured.     3  L,R,A, 

(N.S,)   334. 
Extrinsic    evidence    to    identify    person    In- 
tended   by    testator   using   term.         47 
L,R.A,(N.S,)    533. 


NIGHT. 


Right  to  use  stream  for  water  power  during. 
7  L.R.A.(N.S.)  289. 


NITRO   GLYCERIN. 

Keeping  of,  on  insured  premises.  L.R.A. 
1917C,  278. 

Negligence  in  the  manufacture  and  storage 
of.     29  L.R.A.  718. 

Regulating  keeping  or  storing  of.  41  L.R.A, 
(N,S.)    460. 

Liability  for  injury  to  children  from  explo- 
sion of  nitroglycerin  left  accessible  to 
them.    L,R,A.1917A,  1295, 


NODS. 

Admissibility  as  dying  declarations  of  an- 
swers bv,     2  B,  R,  C.  922. 


NOISE. 

Liability    for    frightening    horses    by,    see 

Horses,  §§  7-11. 
As  element  of  damages,  see  Damages,  §  87b. 
As  nuisance,  see  Nuisances,  §  4. 


NOIiliE  PROSEQUI. 


35  L.R.A. 


Power  to  enter  in  criminal  case 

701. 
Begin  xvith  this  'booh  on  every  law  question. 


NOLLE  PROSEQUI— cont'd 

Necessity  of  the  consent  of  court  to  entry 
of  nolle  prosequi  in  a  criminal  case. 
45  L.R.A. (N.S.)   1120. 

Entry  of,  as  to  one  charge  in  indictment 
where  objection  of  duplicity  is  raised. 
49  L.R.A.  (N.S.)   455. 

As  ground  for  discharge  of  accused.  56 
L.R.A.  522. 

Entry  of,  as  to  one  joint  tort  feasor,  effect 
on   liability   of   other.     58   L.R.A.   303. 

Termination  of  criminal  prosecution  by  en- 
try of,  so  as  to  support  suit  for  ma- 
licious prosecution.  2  L.R.A,  (N.S.) 
938,  942. 


NOIiO  CONTENi 

Plea  of.     41  L.R.A. (N.S.)    70. 


E. 


NOMINAL.  DAMAGES. 

See  Damages,  §  2, 


^  *» 


NOMINAL  PAYMENT. 

For  bonus  stock,     38  L,R.A,  492. 

^~*"*- 

NOMINATIONS. 

See  Elections,  §§  25,  26. 
< » » 


NONACCESS. 


Competency  of  husband  or  wife  as  witness 
as  to,  see  Witnesses,  §  20. 


NONASSESSABLE  STOCK. 

Assessments  on.     45  L.R.A.  653. 


NONATTENDANCE. 


Liability  of  physician  for.     37  L.R.A,  834, 


NONCLAIM. 


Statute  of  nonclaim  as  equivalent  of  limi- 
tation witliin  rule  that  running  of  the 
latter  against  debt  secured  will  bar 
remedy  on  the  mortgage.  31  L.R.A.  (N. 
S.)    1013. 

Effect  of;  to  bar  suit  to  compel  guardian  to 
account,  or  to  recover  on  his  bond.  47 
L.R.A,(N,S,)    457. 


INDEX  TO  L.R.A.  NOTES. 


991 


NOXCLAIM— cont'd 

Waiver  or  tolling  of  statute  of,  by  person- 
al representative  as  to  an  indebtedness 
of  the  estate.    L.R.A.1915B,  1042. 


NONEXPERTS. 

Opinions  of,  see  Evidence,  VIII. 


NONFEASANCE. 


Negligent  breach  of  contract  as.  12  L.E.A, 
(N.S.)   929. 

Liability  of  corporate  directors  for.  55 
L.R.A.  757. 

Liability  of  agent  or  servant  to  third  per- 
sons for.  28  L.R.A.  433;  25  L.R.A. 
(N.S.)  349;  L.R.A.1916F,  570. 


NONINTOXICATING   LIQUORS. 

Constitutional  power  to  prohibit  or  regu- 
late, see  Intoxicating  Liquors,  §  4. 

Sale  of,  see  Intoxicating  Liquors,  §§  30, 
31. 

Validity  of  license  tax  on  sale  of,  as  affected 
by  amount.    L.R.A.1917C,  463. 


NONJOINDER. 


Effect  of  husband's  nonjoinder  in  wife's  ex- 
ecutory contract  to  convey,  where  his 
joinder  is  essential  to  a  conveyance. 
30  L.R.A. (N.S.)   353. 


NONIiEGAIi   DEMANDS. 

Power  of  legislature  to  compel  municipali- 
ties to  pay.    48  L.R.A.  473. 


NONMAILABLE  MATTER. 

When  one  not  personally  mailing  nonmail- 
able matter  may  be  regarded  as  causing 
it  to  be  deposited  in  the  mails.  6 
L.R.A.(N.S.)   424. 


NON-NEGOTIABLE  INSTRUMENTS. 

Distinction  between  negotiable  and  non-ne- 
gotiable.   18  L.R.A.  34. 

Condition  against  taking  effect  until  others 
liave  signed.     45  L.R.A.  348. 

Set-off  against  assignee  of,  of  claim  against 
assignor.     23  L.R.A.  330. 

Action    on.    after   loss   of.     16   L.R.A.   205. 

Consult  also  L.R.A.  Digests  of  Cases. 


NON-NEGOTIABLE  INSTRUMENTS— 
cont'd 

Effect  of  putting  non-negotiable  paper  or 
securities  indorsed  in  blank  into  an- 
other's possession  to  estop  owner  as 
against  purchaser  in  good  faith.  29 
L.R.A. (N.S.)   254. 

Effect  of  permitting  assignor  of  a  contract 
to  receive  non-negotiable  instruments 
issued  in  payment  thereof  to  estop  as- 
signee as  against  subsequent  assignee 
of  such  instrument.  11  L.R.A. (N.S.) 
472. 


NON  OBSTANTE  VEREDICTO. 

See  Judgment,  §  13. 


NONRESIDENTS. 


§    1.  Generallj. 

As  to  aliens,  see  Aliens. 

Attachment  against,  see  Attachment,  §  4. 

Discrimination  against  generally,  see  Con- 
stitutional Law,  §  127. 

Discrimination  against  as  to  licenses,  see 
License,  §  46a. 

As  to  foreign  corporations,  see  Corpora- 
tions, XI. 

As  to  residence  generally,  see  Domicil  and 
Residence. 

Jurisdiction  of  divorce  suit  by  or  against, 
see  Divorce  and  Separation,'  §§  8,  9. 

Effect  of  appearance  by,  in  divorce  suit,  see 
Divorce  and  Separation,  §  12. 

Appointment  of,  as  administrator,  see  Ex- 
ecutors AND  Administrators,  §  6. 

Garnishment  of,  see  Garnishment,  §  12. 

As  to  foreign  judgments  generally,  see  Judg- 
ment, V. 

Effect  of  nonresidence  on  running  of  limita- 
tions, see  Limitation  of  Actions,  §  46. 

Removal  of  cause  to  Federal  court  where 
one  party  is  a  nonresident,  see  Removal 
OF  Causes,  §§  7-9. 

Nonresidence  as  affecting  taxation,  see  Tax- 
es, §§  17,  42,  100. 

Situs  of  property  or  debts  due  to,  for  tax- 
ation, see  Taxes,  §  42. 

Inheritance  tax  against,  see  Taxes,  §  100. 

Service  of  process  on,  see  WbiT  and  Proc- 
ess, §§  13,  18. 

Privilege  of,  from  service  of  process,  see 
Writ  and  Process,  §§  32,  34,  36. 

Foreign  corporations  as.     14  L.R.A.  185. 

Municipal  power  over  nonresidents  as  to 
defining,  preventing,  and  abating  nui- 
sances.    36  L.R.A.  603. 

Civil  liability  of,  for  damage  done  by  stock 
while  straying  in  district  prohibiting 
running  of  animals  at  large.  22  L.R.A, 
(N.S.)  1098. 

Law  governing  validity  of  discrimination 
against,  in  assignment  for  creditors. 
65  L.R.A.  354. 

Reimbursement  or  subrogation  of  purchaser 
on  annulling  judicial  sale  in  proceed- 
ings against.     69  L.R.A.  52. 


992' 


INDEX  TO  L.R.A.  NOTES. 


NONRESIDENTS— cont'd 

Nonresidence  as  ground  of  equitable  set-oflf 
30  L.R.A.(N.S.)    21;  L.R.A.1918B,  425. 

Necessity  of  exhaustion  of  remedy  as  to 
nonresident  or  absent  debtor  as  condi- 
tion precedent  to  creditors'  bill.  23 
L.R.A.{N.S.)    85. 

Nonresidence  of  maker  of  note  as  excuse 
for  delay  in  enforcing  liability.  18 
L.R.A.(N.S.)  560. 

Right  or  duty  of  municipality  to  supply 
nonresidents  with  water.  34  L.R.A.  (N. 
S.)  542. 

Necessity  of  consent  or  notice  to  nonresident 
parent  on  adoption  of  child.  30  L.R.A. 
(N.S.)    151. 

Applicability  to  vehicles  owned  by  nonresi- 
dents of  city  ordinance  imposing  li- 
cense on  use  of  vehicles.  23  L.R.A.  (N. 
S.)   453. 

Of  defendant  as  affecting  jurisdiction  of 
equity  over  suits  affecting  res^X  prop- 
erty in  another  state  or  country.  69 
L.R.A.  677. 

Service  of  notice  in  proceedings  to  revive 
judgment  on  nonresident  of  state.  37 
L.R.A.(N.S.)    1163. 

Right  to  protection  on  ground  of  unfair 
competition  against  simulation  of  geo- 
graphical name  by  a  nonresident.  26 
L.R.A. (N.S.)    80. 

Right  of  sheriff  or  constable  to  appoint  non- 
resident   deputies.      L.R.A.1916B,    900. 

Debtor's  right  of  action  against  his  nonresi- 
dent creditor  for  collecting  debt  in 
state  of  creditor's  domicil  in  evasion  of 
exemption  laws  of  domicil  of  debtor. 
47  L.R.A.(N.S.)    689. 

Application  to,  of  regulations  as  to  dravmen. 
45  L.R.A.  (N.S.)  1155. 

Discrimination  as  to  nonresidence  in  license 
tax  upon  automobiles.  52  L.R.A. (N.S.) 
951. 

Unknown  nonresidence  of  juror  as  ground 
for  new  trial.  '50  L.R.A. (N.S.)   975. 

Effec.t  of  nonresidence  of  family  whose  head 
is  a  resident  on  latter's  right  to  home- 
stead.    52  L.R.A. (N.S.)   746, 

§    2.  Rights  of. 

Right  of  nonresident  widow  to  statutory 
allowance,  see  Executobs  and  Admin- 
istrators, §  55a. 

Right  to  claim  exemption,  see  Exemption, 
§  10. 


Right  to  become  stockholders  in  corpora- 
tion.    24  L.R.A.   252. 

Right  to  act  as  executor  or  administrator. 
1   L.R.A.(N.S.)    341,   349. 

Right  to  locate  mining  claim,  7  L.R.A.  (N. 
S.)    816. 

Validity  of  statute  or  regulations  affecting 
right  to  practise  medicine  or  surgery 
of  one  who  has  practised  in  another 
state  or  is  a  nonresident.  49  L.R.A. 
(N.S.)    350, 

Validity  of  statute  giving  nonresident  of 
school  district  right  to  attend  school 
without  charge,    24  L.R.A. (N.S.)   1104. 

Right  of,  to  sue.    70  L.R,A.  513. 

Begin  with  this  took,  on  evein/  law  question. 


NONRESIDENTS— cont'd 

Right  of  action  for  benefit  of  nonresident 
aliens.  3  L.R.A. (N.S.)  473;  21  L.R.A; 
(N.S.)   267. 

Right  of  alien  nonresident  to  maintain  stat- 
utory action  for  death  of  other  person. 
54  L.R.A.  934. 

Right  of  nonresident  insane  person  liaving 
no  committee  within  jurisdiction  to  in- 
stitute proceedings  by  next  friend.  64 
L.R.A,  529. 

§   3.  Injunction  against. 

Nonresidence  as  ground  for  injunction 
against  judgment  for  purchase  money. 
31  L.R.A.  749,  766. 

Effect  of  vendor's  nonresidence  on  right  to 
injunction  against  collection  of  pur- 
chase money  where  title  to  land  is  de- 
fective.    7   L.R.A.  (N.S.)    451. 

Effect  of  nonresidence  of  defendant  on  right 
to  injunction  against  trespass  to  cut 
timber.     43   L.R.A. (N.S.)    267. 

§   4.  Effect  of  judgment  against. 

Effect  of  judgment  against  part  of  joint 
obligors  to  release  others  where  some 
of  debtors  are  nonresidents.  43  L.R.A. 
162. 

Conclusiveness  of  judgment  rendered  in  for- 
eign country  against  nonresident.  20 
L.R.A.  678.  ' 


NONRIPARIAX  LANDS. 

Correlative  rights  of  upper  and  lower  pro- 
prietors as  to  use  of  water  on.  41 
L.R.A.  740. 

Right  to  make  use  on  nonriparian  laiids  of 
water  rights  incident  to  riparian  lands. 
22  L.R.A.(N.S.)  383;  49  L.R.A.  (N.S.)  . 
57. 


NONSUIT. 

Conclusiveness  of  judgment  on,   see  Judg- 
ment, §  31a. 
In  general,  see  Trial,  §§  56-59. 

Collateral  attack  on  judgment  of,  for  fraud 
not  affecting  the  jurisdiction.  36 
L.R.A.(N.S.)   986, 


NONSUPPORT. 


Husband's  liability  for,  see  Husband  and 
'Wife,  §  70. 


NONTIDAL  RIVERS. 

Title  to  land  under.     42  L.R.A.   165. 
Navigability  of.     42  L.R.A.  305. 


INDEX  TO  L.R.A.  NOTES. 
NONTRIBAL  INDIANS.  NOTICE— cont'd 


993 


Jurisdiction  to  punish  crimes  committed  by. 
21  L.R.A.  173. 


NONUSER. 


Loss  of  easement  by,  see  Easements,  §  27. 

Discontinuance  of  highway  by,  see  High- 
ways, §  110. 

"Loss  of  rights  in  water  by,  see  Waters, 
§  37. 

Reverter  of  land  conveyed  for  school  pur- 
poses, because  of.  44  L.R.A.  (N.S.) 
1227. 


NORMAL,  SCHOOL. 

Use  of  common  school  or  teachers'  training 
school.     20  L.R.A.  (N.S.)    1033. 


NORTHWESTERN  TERRITORY. 

Effect  of  admission  of  state  into  the  Union 
upon  ordinance  of  1787.  52  L.R.A. 
(N.S.)  305. 


NOTARIES. 


Right  of  woman  to  be.  38  L.R.A.  214;  5 
L.R.A.(N.S.)  415;  L.R.A.1915F,  898. 

Place  at  which  official  acts  of,  may  be  per- 
formed.    33  L.R.A.  92. 

Power  as  to  contempt.     36  L.R.A.  822. 

Right  to  attach  or  correct  certificate  of 
acknowledgment  after  date  of  acknowl- 
edgment.     22    L.R.A. (N.S.)    216. 

Presumption  as  to  authority  of  notary  pub- 
lic of  another  state  or  country  to  ad- 
minister an  oath.     L.R.A.1916A,  1169. 

Liability  of  notary  or  other  officer  certify- 
ing to  acknowledgment  or  affidavit.  49 
L.R.A.  (N.S.)  45. 

Liability  of  collecting  bank  for  acts  and 
omissions  of  notaries  public  employed 
as  subagents.     52  L.R.A.(N.S.)    656. 


NOTES. 

See  Bills  and  Notes. 

4  «» 


NOTICE. 

1,  In  general,   §§   1-11. 
II,  Constiiictive  notice,  §  12. 
III.  Imputed  notice,  §§  13-15. 
TV.  Of  rights  in  real  property,  §§  16, 

17. 
Consult  also  L.R.A.  Digests  of  Cases. 


I.  In  general, 

§    1.  Generally. 

Of  assignment,  see  Assignment,  §  12. 

Of  equities  to  transferee  of  commercial  pa- 
per, see  Bills  and  Notes,  §  42. 

Of  nonpayment  of  bill  or  note,  see  Bills 
AND  Notes,  §§  43-53. 

Of  claim  against  carrier,  see  Carriers,  §§ 
133,  134. 

Of  arrival  of  goods  at  destination,  see  Car- 
riers, §  118. 

Of  eminent  domain  proceedings,  see  Emi- 
nent Domain,  §§  32,  33. 

Of  accovmting  by  personal  representative, 
see  Executors  and  Administrators, 
§  51. 

To  purchaser  from  fraudulent  grantor,  see 
Fraudulent  Conveyances,  §  12. 

Of  acceptance  of  guaranty,  see  Guaranty, 
§  7. 

Of  default  to  guarantor,  see  Guaranty,  §  8. 

Of  defects  in  highway,  see  Highways,  §§ 
]02-]05. 

Of  injury,  see  Highways,  §§  106,  107; 
Master  and  Servant,  §§  57,  64;  Mu- 
nicipal Corporations,  §§  104-107; 
Street  Railways,  §  24.  ' 

Of  lunacy  proceedings,  see  Incompetent 
Persons,   §   6. 

Of  intent  to  cancel  insurance  policy,  see 
Insurance,  §  51. 

Of  insurance  premiums,  see  Insurance,  § 
108. 

Of  loss,  injury,  or  death,  see  Insurance, 
§145. 

To  produce,  see  Evidence,  §  120a. 

To  quit,  see  Landlord'  and  Tenant,  §  95. 

Of  pendency  of  action,  see  Lis  Pendens. 

To  servant  of  danger,  as  affecting  question 
of  assumption  of  risk,  see  Master  and 
Servant,  §  113. 

Of  mechanics'  lien,  see  Mechanics'  Liens, 
§§  26,  27. 

Of  discovery  of  mine,  see  Minb:s,  §  15. 

Of  dissolution  of  partnership,  see  Partner- 
ship, §  30. 

Of  application  for  appointment  of  receiver, 
see  Receivers,   §   1. 

Of  unrecorded  conveyance,  see  Records  and 
Recording  Laws,  §  22. 

Of  defect  causing  injury,  see  Street  Rail- 
ways,  §   24. 

Of  tax  sale,  see  Taxes,  §  73. 

Of  redemption  from  tax  sale,  see  Taxes, 
§  85. 

Of  trial,  see  Trial,  §  6. 

Of  probate  proceedings,  see  Wills,  §  63. 

By  publication,  see  Writ  and  Process, 
§§  20,  21. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §§  187,  188. 

Presumption  and  burden  of  proof  as  to, 
see  Evidence,  §  37. 

As  condition  of  municipal  liability,  see 
Municipal  Corporations,  §§  304-107. 

Question  for  jury  as  to,  see  Trial,  §  35. 

Presumption  as  to  receipt  of  notice  sent 
through  mail.    49  L.R.A.(N.S.)  458. 


63 


994 


INDEX  TO  L.R.A.  NOTES. 


NOTICE,  I.— cont'd 

Of  withdrawal  from  building  and  loan  as- 
sociation.    49  L.R.A.(N.S.)    1133. 

Of  forfeiture  of  corporate  stock.  27  L.R.A, 
310. 

To  corporation  claiming  lien  on  stock  of 
pledge  or  sale  thereof.  39  L.R.A. 
(N.S.)  298. 

To  pledgee  or  purcliaser  of  corporate  stock 
of  corporation's  claim  to  lien  thereon. 
39   L.R.A.(N.S.)    293. 

Of  conveyance  by  one  cotenant  to  third  per- 
son and  adverse  possession  founded  on 
such  conveyance  against  others.  32 
L.R.A.(N.S.)   707. 

To  purchaser  or  mortgagee  of  firm  prop- 
erty.    28  L.R.A.   174. 

Of  sale  or  mortgage  of  future  crops.  23 
L.R.A.  462;  L.R.A.1917C,  32. 

To  remove  standing  timber  conveyed  with- 
out conveying  title  to  the  land.  55 
L.R.A.  535. 

Of  assessment  to  members  of  mutual  fire 
insurance  companies.     32  L.R.A.  502. 

Of  assignment  of  policv  t6  creditor.  50 
L.R.A.   37. 

Priority  of  notice  of  assignment  to  trustee 
as  giving  priority  of  right.  66  L.R.A. 
760. 

Of  withdrawal  from  loan  association.  35 
L.R.A.   292. 

Of  condition  that  bond  shall  not  take  effect 
until  signed  by  others.  45  L.R.A.  327, 
.347. 

Of  time,  place,  and  manner  of  sale  of  col- 
lateral bonds  and  commercial  paper. 
53  L  R  A   862 

Of  attorney's  lien.'    37  L.R.A. (N.S.)   226. 

Of  "liange  of  ownership  of  trademark.  1 
L.R.A. (N.S.)    725. 

Of  limitation  on  agent's  power  to  waive 
conditions  existing*  at  inception  of 
policy.     13  L.R.A. (N.S.)    858. 

Of  tunnel  claim.     53  L.R.A.  799. 

Of  location  of  mining  claim.  7  L.R.A. 
(N.S.)    832. 

To  bind  surety  or  guarantor  by  judgment 
against  principal.  40  L.R.A.  (N.S.) 
737;  L.R.A. 1918E,  814. 

To  patrons  of  telegraph  company  as  to 
office  hours.     53  L.R.A.  733. 

Of  defect  in  street  car  track.  52  L.R.A. 
456. 

To  employee  of  railroad  company  injured  by 
defectively  loaded  car.  13  L.R.A. (N.S.) 
391;  49  L.R.A. (N.S.)  1011. 

By  owner  of  premises  of  presence  of  spring 
guns,  traps,  and  other  dangerous  in- 
struments.    29  L.R.A.  158. 

To  person  injured  bv  escape  and  explosion 
of  gas.    29  L.R.A.  358. 

Materiality  of,  in  case  of  set-off  against 
judgment  in  hands  of  assignee.  23 
L.R.A.  337. 

In  proceedings  to  determine  rights  of; 
motlier  or  reputed  father  to  cu'^tody  or 
control  of  illegitimate  child.  65  L.R.A. 
(596. 

Of  proceedings  to  abate  nuisance.  36  L.R.A. 
613. 

Of  proceedings  to  vacate  highway.  26 
L.R.A.  828. 

Jietjin  tvith  this  hook  on  every  law  question. 


NOTICE,  I.— cont'd 


Of  drawing  of  grand  jury.     27  L.R.A.  783. 

Notice  to  adverse  party  of  application  to. 
correct  record  on  appeal.  31  L.R.A. 
(N.S.)   211. 

Conclusiveness  of  decision  of  tribunal  of 
association  or  corporation  as  to  notice 
of  meeting  at  which  member  was  ex- 
polled.     49  L.R.A.  308. 

Burden  of  proving  notice  of  fraud  to  sub- 
vendee  of  chattels  wlion  original  seller 
seeks  to  rescind  for  fraud  of  first  pur- 
chaser.    8  L.R.A. (N.S.)    448. 

Reliance  on  receiving  notice  from  opposing 
counsel  as  excuse  for  default.  4  L.R.A. 
(N.S.)    196. 

Holding  over  after  expiration  of  lease  with 
option  for  extension  or  renewal  with- 
out formally  exercising  such  option 
where  notice  is  required  by  lease.  29 
L.R.A.(N.S.)    177;    L.R.A.1916E,    1234. 

Law  governing  validity  of  stipulation  as 
to  notice  of  claim  against  telegrapli 
company.     41    L.R.A. (N.S.)    224. 

Signing  notice  by  proxy.     22  L.R.A.  298. 

Effect  of  holding  over  after  notice  of  inten- 
tion to  quit.     L.R.A.1915A,  235. 

Fact  that  check  is  postdated  as  notice  Jt 
bank  officer's  lack  of  authority  to  cer- 
tify it.     L.R.A.1917F,  1099. 

§   2.  Necessity  for. 

As  condition  precedent  to  bringing  of  suit, 
see  AcTiox  or  Suit,  §  10. 

As  essential  to  punishment  for  disobedience, 
see  Contempt,  §  9. 

Necessity  of  notice  of  acceptance  of  guar- 
anty, see  Guaranty,  §  7. 

Of  injury  as  essential  to  recovery  on  em- 
ployer's liability  insurance  policy,  see- 
Insukance.  §  216. 

As  essential  to  recovery  on  insurance 
policy  generally,  see  Insurance,  §  145. 

As  condition  of  municipal  liability,  see 
Municipal  Corporations,  §  106. 

As  essential  to  liability  of  purchaser  for 
nuisance,  see  Nuisances,  §  17. 

Of  defect  as  prerequisite  to  recovery  on 
warranty,  see  Sale,  §  56. 

Duty  to  notify  sender  of  telegram  of  its 
nondelivery,  see  Telegraphs,  §  14. 

Notice  required  by  workmen's  compensation 
acts,  see  Workmen's  Compensation, 
§  14. 

What  notice  is  necessary  to  due  process  of 
law  in  tax  proceedings.  L.R.A.1916E, 
5. 

Necessity  for  notice  to  party  secondarily 
liable  on  bill  or  note  of  reservation  of 
rights  against  him  upon  granting  ex- 
tension of  time  to  partv  primarily  lia- 
ble.    46  'L.R.A. (N.S.)    !)3. 

Right  of  abutting  owner  to  notice  and  op- 
portunity to  do  the  work  before  mnnic- 
ipality  contracts  for  improvements  in 
strc-ff.      44   L.R.A. (N.S.)    553. 

Necessity  of  notice  of  default  to  bind  suar- 
antor.     20  L.R.A.  257. 

A«  icdridition  of  cotenant's  liability  for  re- 
pairs.    29  L.R.A.  459. 


INDEX  TO  L.E.A.  NOTES. 


995 


NOTICE,  I.— cont'd 

Necessity  of  notice  to  owner  of  intention 
to  assess  liis  property  for  supposed 
benefits.     30  L.R.A.(N.S.)   40. 

Necessity  of  giving  mortgagee  or  other 
lienor  notice  of  public  improvement. 
37  L.R.A.(N.S.)    558. 

Effect  of  omitting  notice  of  copyright  from 
licensed    publication.      66    L.E.A.    444. 

Duty  of  bailee  to  give  bailor  notice  of  legal 
proceedings  affecting  the  property.  33 
L.R.A.(N.S.)    693. 

Duty  of  shipper  of  explosives  to  give  no- 
tice of  dangerous  nature  of  goods. 
L.R.A.1916B,   731. 

Duty  of  carrier  to  give  notice  before  sell- 
ing goods  or  otherwise  disposing  of 
them  contrary  to  shipping  directions. 
45    L.R.A.{N.S.)    18. 

To  passenger  of  limitation  of  time  within 
which  transportation  ticket  may  be 
used.     L.R.A.1918A,  782. 

Necessity  of  notice,  actual  or  coiibtructive, 
of  transfer  not  required  to  be  recorded 
or  registered  to  start  the  four  months' 
period  relating  to  preferences,  under 
§  60  of  the  bankruptcy  act.  9  L.R.A. 
(N.S.)    585. 

Necessity  of  beneficiary's  knowledge  of 
trust.     10  L.R.A.(N.S.)    616. 

Notice  to  vendor  as  condition  of  vendee's 
right  to  refuse  subsequent  deliveries 
after  breach  as  to  earlier  deliveries. 
8  L.R.A.  {N,S.)    1110. 

Necessity  of  actual  notice  of  retirement  of 
member  of  firm  to  relieve  retiring  mem- 
ber from  liability  on  obligation  renewed 
after  his  retirement.  4  L.R.A.  (N.S.) 
800. 

Necessity  of  notice  of  appointment  of  um- 
pire or  third  arbitrator  and  of  proceed- 
ings before  him.     19  L.R.A. (N.S.)   696. 

Necessity  of  notice  to  revoke  power  of  at- 
torney.    1  L.R,A.(N.S.)    577. 

Law  governing  stipulation  in  contract  mak- 
ing notice  of  damages  a  condition  of 
right  of  action.     7  L.R.A. (N.S.)   191. 

Failure  to  serve  statutory  notice  of  libel 
on  right  to  actual  damages.  13  L.R.A. 
(N.S.)   525. 

Statute  requiring  notice  of  claim  before 
commencing  an  action  as  a  statute  of 
limitations.     8  L.R.A. (N.S.)    997. 

To  ofliccr  levying  writ  on  tenant's  goods 
and  chattels,  i/iat  rent  will  be  charged 
for  use  of  leased  premises.  43  L.R.A. 
(N.S.)    529. 

Duty  to  notify  insurer  of  facts,  developing 
after  submission  of  application,  but  be- 
fore delivery  of  policy  or  certificate. 
8  L.R.A.(N.'S.)  983. 
To  insured,  of  contract  of  reinsurance.  44 
L.R.A.  (N.S.)   318. 

Applicability  to  premium  notes  of  statute 
requiring  notice  of  maturity  of  pre- 
miums.    5  B.  R.  C.  434. 

Necessity  of  notice  to  stockholder  to  bind 
him  by  an  order  for  unpaid  stock  sub- 
scription in  insolvency  proceedino-s 
36  L.R.A. (N.S.)    177.      '  ' 

ronsnlt  also  L.R.A.  Digests  of  Cases. 


NOTICE,  I.— cont'd 

Necessity  of  notice  to  tenant  before  taking 
advantage  of  covenants  in  lease  as  to 
payment  of  taxes  and  assessments. 
L.R.A. li>15A,  354. 

Necessit}'  for  notice  of  reletting  to  tenant 
who  lias  abandoned  premises.  13 
L.R.A.  (N.S.)   401. 

Notice  to  landlord  of  defect  in  premises  a» 
essential  to  his  liability  to  tenant  for 
injuries  tlierefrom.  34  L.R.A.(N.S.> 
808;  48  L.R.A.  (N.S.)   921. 

Notice  to  landlord  of  defective  condition  to 
render  him  liable  to  tenant  for  damage 
by  Avater.     L.H.A.1917B,  231. 

Necessity  of  giving  purchaser  who  refuses 
to  accept  goo<ls  notice  of  resale  or  of 
intention  to  resell,  a»^  affecting  riglit  of 
action  against  him.  42  L.R.A. (N.S. ) 
677. 

Of  danger  of  destruction  of  property  by  mob. 
44  L.R.A. (N.S.)   360. 

Of  intent  of  mob  to  destroy  property.  24 
L.R.A.  598. 

To  adjoining  ownt>r9  before  setting  lire.  21 
L.R.A.  262. 

Notice  of  defect  in  highway  as  prerequisite 
to  personal  liability  of  highway  officers. 
22  L.R.A.  829;  52  L.R.A. (N.S.)   146. 

Validity  of  requirtnunt  of  \>  ritten  noti^;e 
of  defect  to  render  municipal  corpora- 
tion liable  for  injuries  caused  by  de- 
fective highway.     11  L.R.A. (N.S.)   391. 

Necessity  of  notice  to  purchasing  railroad 
companj'  to  construct  culverts,  where 
road  was  originally  constructed  with- 
out them.     12  L.R.A. (N.S.)   571. 

Constitutionality  of  requirement  of  notice 
of  defect,  or  of  injuries,  as  a  condition 
of  liability  for  personal  injuries.  1.5 
L.R.A.  (N.S.)    203.  i 

Necessity  of,  to  make  owner  of  premises 
liable  for  continuing  nuisance  created 
by  predecessor.  27  L.R.A. (N.S.)  164; 
50  L.R.A. (N.S.)   595. 

Duty  of  telegraph  company  to  notify  sender 
of  delay  in  transmission  or  delivery 
of  message.     16  L.R.A. (N.S.)    870. 

Sufficiency  of  general  allegations  of  negli- 
gence as  affected  by  necessity  of  notice 
of  nature  of  claim.'    59  L.R.A.  216.'    . 

Necessity  of  notice  of  intention  to  ext'rcise 
option  reserved   in  contract   of  sale  to 
return    or   resell   property.      50   L.R.A. 
(N.S.)    595. 
i  Notice  to  mortgagor   of   intention  to  exer- 
cise implied  power  of  sale.     3  B.  E.  C. 
924. 
Notice  of  contact  of  wires  carrying  electric 
current  as  condition  of  liability  fpr  in- 
jury   resulting    therefroiu.      52    L.R.A. 
(N.S.)    605. 
Necessity  of  notice  not  to  give  wife  eredjt 
to   prote<'t   husband    from   liability   foi- 
necessaries    furnished    her   while    jiving 
apart  from  him.     L,R.A.1917A,  968. 
Before    removal    by    municipality    of    spur 
track,   turnout,   or   switch    from   street 
or  highway.     L.R.A.1918B,  482. 
Notice  to  creditors  under  Bulk   Sales  Law. 
L.R.A.1917F,  230. 


996 


INDEX  TO  L.R.A.  NOTES. 


NOTICE,  I.— cont'd 

§  3.  — in  judicial  proceedings  gener- 
ally. 

Necessity  of,  to  constitute  due  process,  see 
Constitutional  Law,  §  187. 

Necessity  of  notice  of  intention  by  attor- 
ney to  withdraw  from  suit  because  of 
client's  misconduct.  35  L.R.A.  (N.S.) 
963. 

Necessity  of,  for  entry  of  judgment  nunc 
pro  tunc.    20  L.R.A.  147. 

Injunction  against  judgment  obtained  in 
violation  of  agreement  to  give  notice. 
30   L.R.A.   789. 

Of  distribution  in  probate  proceedings  as 
jurisdictional.     37  L.R.A. (N.S.)    368. 

When  may  notice  of  application  for  ap- 
pointment of  receiver  of  growing  crop 
be  dispensed  with.  11  L.R.A. (N.S.) 
960. 

To  parent  as  condition  of  valid  adoption  of 
child.      30   L.R.A. (N.S.)    146. 

Notice  of  application  by  guardian  for  leave 
to  sell  infant's  real  estate  as  jurisdic- 
tional.     8   L.R.A. (N.S.)    1215." 

Of  application  for  alimony  as  prerequisite 
to  contempt  proceedings  to  compel  pay- 
ment.    24  L.R.A.  437. 

Necessity  of  notice  of  injunction  to  render 
one  not  a  party  guilty  of  contempt  in 
disobeying   it.     23  L.R.A. (N.S.I    1295. 

Right  of  one  charged  with  contempt  to  no- 
tice and  hearing.    10  L.R.A.(N.S.)  198. 

Necessity  of  notice  to  make  conclusive  on 
the  courts,  decisions  of  tribunal  of  mu- 
tual benefit  society,  suspending  or 
expelling  a  merhber.  52  L.R.A.  (X.S.) 
811. 

§   4.  —  in  proceedings  affecting  lunatic. 

Necessity  of  notice  to  alleged  lunatic  of 
lunacy  proceedings.  23  L.R.A.  737;  26 
L.R.A.(N.S.)    232. 

Collateral  attack  on  lunacy  proceedings  for 
want  of  notice  to  lunatic.  23  L.R.A. 
743;  12  L.R.A. (N.S.)  895;  26  L.R.A. 
(N.S.)   237. 

Necessity  of  notice  to  insane  person  of  ap- 
plication for  sale  of  his  property  to 
pay  debts.     29  L.R.A. (N.S.)    147. 

§   5.  Sufficiency  of. 

Constructive  notice,  see  infra,  §   12. 

Of  judicial  sale,  see  Judicial  Sale,  §  5a. 

As    condition    of    municipal    liability,    see 

Municipal  Cokpobations,  §  105. 
Sufficiency  of  notice  of  contents  of  telegram, 

see  Telegraphs,  §  19. 
Notice  required  by  workmen's  compensation 
i        acts,    see   Workmen's    Compensation, 

§  14. 

Of  assignment  of  claim  sufficient  to  prevent 

pet-oflf.     23  L.R.A.  310. 
Of  notice  of  alleged  lunacy  proceedings.    26 

L.R.A. (N.S.)   232. 
Qt  hotice  of  injunction  to  render  one  not  a 

partv  guilty  of  contempt  in  disobeying 

it.    23  L.R.A. (N.S.)  1295. 
Of    notice    to    creditors    of    assumption    of 

debts  on  dissolution  of  partnership.     9 

L.R.A.(N.S.)   89;  48  L.R.A. (N.S.)   553, 


NOTICE,  I.— cont'd 

Effect  of  notice  to  person  by  wrong  initial. 
15  L.R.A.(N.S.)  129;  42  L.R.A. (N.S.) 
151. 

Sufficiency  of  notice  of  condemnation  pro- 
ceedings to  occupant  only.  16  L.R.A. 
186. 

What  amounts  to  notice  that  corporate 
stock  is  held  in  trust.     15  L.R.A.  643. 

Necessitj-  and  sufficiency  of  statement  of 
grounds  in  notice  of  protest  required 
as  condition  of  recovering  back  pay- 
ment of  an  unlawful  tax.  36  L.R.A. 
(N.S.)   476. 

Enactment  of  law  giving  superior  lien  to 
local  assessment  as  notice  to  encum- 
brancers of  priority  of  subsequent  as- 
sessment.    35   L.R.A.   376. 

Efifect  of  public  records  as  notice  or  evi- 
dence of  notice  which  will  set  statute 
of  limitations  running  against  action 
based  on  fraud.    22  L.R.A.(N.S.)  208. 

Mere  existence  of  party  wall  as  notice  to 
grantee  of  agreement  by  predecessors 
to  contribute  to  cost  in  event  of  use. 
24  L.R.A.(N.S.)    1038. 

When  telegrapii  company  charged  with  no- 
tice of  importance  of  commercial  mes- 
sage.    41  L.R.A.(X.S.)    1188. 

Sufficiency  of  s(>rvice  of  notice  necessary  to 
fix  contract  rights  upon  bankrupt  after 
initiation  of  bankruptcy  proceedings 
but  before  appointment  of  trustee. 
41   L.R.A.(N.S.)    276. 

Definiteness  of  complaint  to  employer  to 
charge  him  with  notice  of  defect  caus- 
ing injury.     2  L.R.A. (X.S.)   469. 

Sufficiencv  of  notice  of  injury  under  em- 
ployers' liability  act.  21  L.R.A. (N.S.) 
233. 

Delinquent  servant  s  general  reputation  as 
notice  of  incompetency  to  master.  41 
L.R.A.  97. 

Of  notice  of  postponement  of  judicial  sale. 
L.R.A.lOloB,  640. 

Of  notice  of  prior  assignment  to  give  it 
priority  over  garnishment.  L.R.A. 
1916E,  90. 

To  passenger  of  limitation  of  time  within 
which  transportation  ticket  mav  be 
used.     L.R.A.1918A,  782. 

Sufficiency  of  notice  by  surety  to  creditor  to 
proceed  in  the  enforcement  of  the  obli- 
gation against  the  principal.  L.R.A. 
1918C,  19,  28. 

Sufficiency  of  notice  to  insured  of  cancela- 
tion of  fire  policy.    50  L.R.A.  (N.S.)  35. 

Sufficiency  of  notice  to  member  of  benefit 
society  to  render  his  expulsion  or  sus- 
pension conclusive  on  the  courts.  52 
L.R.A.(N.S.)    811. 

Sufficiency  of  notice  of  contact  of  wires  car- 
rying electric  current.  52  L.R.A. (N.S.) 
606. 

What  constitutes  notice  of  intended  mis- 
appropriation which  will  render  bank 
liable  for  failure  to  prevent  misappro- 
priation of  funds  by  a  fiduciary.  L.R.A. 
1915C,  530. 
What  notice  is  necessary  to  due  process  of 
law  in  tax  proceedings.  L.R.A.1916E, 
5. 


Begin  ti^th  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


m 


NOTICE,  I.— cont'd 
§   6.  Effect  of. 

Effect  of,  en  servant's  assumption  of  risk, 
see  Masteb  akd  Servant,  §  113. 

Rights  of  one  completing  contract  in  dis- 
regard of  notice  to  desist.  16  L.R.A. 
655. 

To  holder  affecting  validitv  of  note  for 
patent  right.    20  L.R.A.'606. 

Effect  of  notice  to  purchaser  of  defect  in 
title  on  right  to  injunction  against  col- 
lection of  purchase  money.  7  L.R.A. 
(N.S.)  460. 

Knowledge  of  pendency  of  action  as  affect- 
ing right  to  equitable  relief  from  judg- 
ment rendered  without  personal  juris- 
diction over  defendant.  9  L.R.A.  (N.S.) 
1062. 

Eflfect  of  notice  of  agency  on  right  of  de- 
fendant in  action  by  undisclosed  princi- 
pal to  avail  himself  of  defenses  that 
would  liave  been  available  in  an  action 
by  the  agent  in  his  own  right  on  the 
contract.  28  L.R.A. (N.S.)  231;  L.R.A. 
1916A,  1213. 

Effect  of  omission  of  statement  that  owner 
is  unknown  in  notice  of  tax  sale.  36 
L.R.A.  (N.S.)    3065. 

Effect  of  purchaser's  knowledge  of  encum- 
brance in  an  action  for  breach  of 
covenant.  4  L.R.A.  (N.S.)  309;  32 
L.R.A.(N.S.)    737. 

Making  time  of  essence  of  contract  by.  15 
L.R.A.  737. 

Lien  acquired  bv  service  of,  in  supplement- 
ary proceedings.     3  L.R.A. (N.S.)    123. 

Publication  by  notice  of  matters  derogatory 
to  parties  to  litigation  as  contempt  of 
court.     2   B.  R.  C.  498. 

Effect  of  notice  to  purchaser  or  creditor  of 
previous  transfer  of  corporate  stock. 
67  L.R.A.  677. 

Liability  of  transferee  with  notice  of  cor- 
porate stock  on  unpaid  subscription. 
30   L.R.A. (N.S.)    284. 

Effect  of  notice  to  tradesmen  on  husband's 
liability  for  necessaries  furnished  wife. 
65  L.R.A.  532,  538,  544;  47  L.R.A. 
(N.S.)   280,  281;  L.R.A.1917A,  968. 

Effect  of  notice  on  carrier's  liability  for 
loss  of  profits  incident  to  delay  in  de- 
liverv  of  articles  intended  for  \ise. 
30  L.R.A.(N.S.)  486;  L.R.A.1918F, 
1053. 

Effect  of  notice  on  purchaser's-  liability  for 
damming  back  water  of  stream.  59 
L.R.A.  861. 

Duty  as  to  electric  wires  over  highway  as 
affected  by  notice  that  wire  is  down. 
22  L.R.A.  (N.S.)  1175;  1  B.  R.  C.  807. 

Effect  of  giving  purchaser  who  refuses  to 
accept  goods  notice  of  resale  or  of  in- 
tention to  resell,  as  affecting  right  of 
action  against  him.  42  L.R.A. (N.S. ) 
677. 

Effect  on  priority  of  garnishment  over  pri- 
or assignment.     L.R.A.1916E,  81. 

Effect  of  notice  not  to  pay  on  liability  of 
stakeljolder  or  depositary  of  funds  to 
be  held  in  connection  with  an  illegal 
transaction.    L.R.A.1918F,  975. 

Consult  also  L.R.A.  Digests  of  Cases. 


NOTICE,  I.— cont'd 

Effect  of,  on  right  to  set  up  estoppel  of 
public  corporaton  to  deny  validity  of 
bonds.     L.R.A.1915A,  917. 

Effect  of  notice  of  defects  on  right  to  set 
up  estoppel  of  public  corporation  to 
deny  validity  of  contract.  L.R.A. 
1915A,  1007. 

Right  of  seller  of  chattel  retaining  title  or 
lien  as  against  a  purchaser  of  realty 
to  which  it  is  affixed  who  has  notice  of 
seller's  rights.     49  L.R..^.(N.S.)   399. 

Notice  to  insurer's  agent  of  presence  of  pro- 
hibited articles  as  affecting  provision  in 
fire  insurance  policy  prohibiting  pres- 
ence of  designated  articles  on  premises. 
3  B.  R.  C.  43. 

Effect  of  notice  on  right  to  set-off  against 
judgment  in  hands  of  assignee.  L.R.A. 
1917F,  1011. 

§   7.  Effect  of  lack  of  notice. 

Effect  of  ignorance  on  criminal  responsi- 
bility, see  Criminal  Law,  §  13. 

Effect  of  lack  of  notice  to  creditors  under 
Bulk  Sales  Law.     L.R.A.1917F,  230. 

Lack  of  actual  notice  in  ease  of  construc- 
tive service  as  ground  for  relief  from 
judgment.     31  L.R.A.  (N.S.)   1068. 

Right  of  bank  remitting  for  or  paying 
forged  check  as  against  the  depositor  or 
correspondent  bank  as  affected  by  the 
latter's  negligence  in  failing  to  give  no- 
tice of  the  forgery.  20  L.R.A. (N.S.) 
79;  L-R.A.1918F,  282. 

Right  of  bettor  to  recover  his  stake  from 
the  stakeholder  where  it  has  been  paid 
over  without  notice  or  demand.  L.R.A. 
1918F,  976. 

Inadmissibility  of  evidence  of  condition  be- 
fore accident  for  lack  of  notice.  32 
L.R.A.(N.S.)    1100. 

Effect  on  priority  of  garnishment  over 
prior  assignment.     L.R.A.1916E,  81. 

Right  of  seller  of  chattel  retaining  title  or 
lien  as  against  purchaser  without  no- 
tice of  realty  to  which  it  is  affixed.  49 
L.R.A. (N.S.)    396. 

§   8.  Service  of. 

Service  of  notice  in  proceedings  to  revive 
judgment,  see  Judgment,  §  80. 

§  9.  —  mode  of  service. 

Service  by  mail,  see  Postoffice,  §  5. 

What    constitutes    "personal    service."      l6 

L.R.A.  200. 
Validity  of  notice  sent  by   telegraph.     61 

L.R.A.  933. 

§   10.  Publication  of. 

Publication  of,  in  foreign  language.  14 
L.R.A.  64. 

Liability  of  municipality  or  county  on  im- 
plied contract  for  publishing  notices  in 
newspaper.    27  L.R.A.(N.S.)   1130. 

§   11.  Time  of. 

As  to  time  of  giving  notice  or  commencing 
suit  against  carrier,  see  Carriers,  § 
133. 


998 


INDEX  TO  L.R.A.  NOTES. 


NOTICE,  I.— cont'd 

Time  for  notice  of  loss  to  insurance  com- 

{)any,  generally,  see  Ixsubaxce,  §  146. 

First  and  last  days  in  computing  time  of. 

49  L.R.A.  221. 
Time  of  notice  to  warrant  special  damages 

for  carrier's  failure  to  deliver  property. 

3  L.R.A.(N.S.)    1111. 
Giving  of,  on  holidays.     19  L.R.A.  319. 
Before    sale    of    property    by    pledgee.      43 

L.R.A.  750. 
Time  of  notice  of  claim  for  compensation 

under    workmen's    compensation    acts. 

L.R.A.1916A,     86;     L.R.A.1917D,     138; 

L.R.A.1918E,  559. 
Delay  in  giving  notice  reciuired  by  policy  in- 
suring   against    liability    for    personal 

injuries  to  third  peroon.     L.R.A. 1918E, 

lU. 


II.  Constructive  notice, 

§12.  Generally. 

From  possession  of  land,  see  infra,  §  17. 
Record    as,    see    Records    and    Recobding 
Laws.  §§  26,  27. 

Corporate  by-law  as.    25  L.R.A.  48. 

Constructive  notice  of  lode  or  vein  within 
placer  claim.     50  L.R.A.  291. 

What  circumstances  will  charge  one  with 
notice  that  other  contracting  party  is 
of  unsound  mind.  31  L.R.A. (N.S.) 
1159. 

Of  servant  as  beafing  on  master's  duty  to 
instruct  him.     44  L.R.A.  42. 

As  element  of  employer's  liability  for  injury 
to  servant.     41  L.R.A.  43. 

Implied  notice  to  municipality  of  defects  or 
obstructions  in  streets.  20  L.R.A. 
(N.S.)   705. 

Taking  note  from  maker  or  payee  as  con- 
structive notice  of  accommodation 
character  of  an  irregular  indorsement 
and  lack  of  authoritv  for  such  indorse- 
ment.    2  L.R.A.(N.S.)    525. 

Notice  to  put  purchaser  on  inquirj-  as  to 
vendor's  intent  to  defraud  creditors. 
32  L.R.A.  44. 

Constructive  notice  of  contact  of  wires  car- 
rying electric  current.  52  L.R.A. (N.S.) 
606. 

What  constitutes  notice  to  bank  of  true 
character  of  funds  where  it  applies  de- 
posit to  indebtedness  of  one  depositing 
in  his  own  name  the  funds  of  another. 
L.R.A.191SA,  722. 

Check  drawn  by  corporate  officer  payable  to 
his  own  order  as  imparting  notice  to 
drawee  bank  of  an  intended  misappro- 
priation.    L.R.A.1915B,  715. 

Notice  imported  to  holders  by  commercial 
paper  payable  to  a  public  body  or  offi- 
cer thereof.     L.R.A.1915B,  725. 

Matter  in  letterhead,  billhead  or  on  margin 
of  paper  on  which  contract  is  written 
as  notice  affecting  the  rights  of  the 
parties.     L.R.A.1916D,  1072. 

Begin  with  this  bonJc.  on  every  law  question. 


NOnCE— cont'd 

///.  Imputed  notice. 

§    13.  Generally. 

Imputing  to  landlord  knowledge  of  defect 
in  leased  premises.  34  L.R.A. (N.S.) 
802. 

Owner's  imputed  knowledge  of  dangerous 
character  of  dog.  24  L.R.A.  ( N.S. )  402 ; 
51  L.R.A. (N.S.)   47. 

When  knowledge  of  danger  of  low  bridge 
will  be  imputed  to  trainman  injured 
thereby.     47   L.R.A.  (N.S.)    495. 

Is  officer  or  employee  of  corporation  charge- 
able with  its  knowledge  of  infirmities 
in  commercial  paper  purchased  from  it. 
48  L.R.A.  (N.S.)  65;  L.R.A.1915D, 
1099. 

§  14.  Of  agent  or  employee  to  princi- 
pal or  employer. 

The  effect  of  notice  to  a  subagent.  21 
L.R.A.  340. 

Whose  knowledge  of  defects  is  imputed  to 
employer.     41  L.R.A.  132. 

What  knowledge  of  scientific  facts  imputed 
to  employer.     41  L.R.A.  56. 

To  master  of  probable  future  accidents.  41 
L.R.A.  55. 

Admissibility  of  report  by  agent  or  era- 
plovoe  to  employer  to  show  notice  to 
principal.  18  L.R.A.  (N.S.)  231;  47 
L.R.A.  (N.S.)    830. 

Imputing  knowledge  by  officers  or  agents 
of  defect  in  highway  to  miinicipality. 
20  L.R.A.  (N.S.)  697;  L.R.A.1918B,  649. 

Imputing  agent's  knowledge  of  vicious  cliar- 
acter  of  dog  to  owner.  24  L.R.A. (N.S. '» 
463. 

Is  principal  chargeable  with  knowledge  of 
agent  acquired  prior  to  the  agency. 
L.R.A.1918B,  929. 

Imputing  to  principal  notice  to  agent  while 
acting  in  other  capacity.  3  L.R.A. 
(N.S.)   444. 

Knowledge  by  agent  that  his  own  act  is  in 
excess  of  authoritv  as  notice  to  prin- 
cipal.    29  L.R.A. (N.S.)   82. 

Effect  of  notice  to  purchaser's  agent  of 
vendor's  intent  to  defraud  his  creditors. 
32  L.R.A.  62. 

Notice  to  traveling  salesman  as  notice  to  his 
employer.     25  L.R.A. (N.S.)   231. 

Notice  to  trustee  in  mortgage  or  deed  of 
trust  as  notice  to  bondholders.  16 
L.R.A.(JSi.S.)    1013. 

Knowledge  of  plaintiff's  agent  as  defense  in 
action  for  false  and  fraudulent  misrep- 
resentation, where  his  knowledge  was 
not  disclosed  to  plaintiff.  6  B.  R.  C. 
952. 

Agent's  knowledge  of  defense  to  bill  or  note 
belonging  to  him  and  indorsed  or  trans- 
ferred bj^  him  to  his  principal,  as  af- 
fecting the  latter's  character  as  a  bona 
fide  holder.  L.R.A.1918C,  902. 

g    15.  —corporate  officer  or  agent. 

Imputing  knowledge  of  officer  to  bank,  see 

Banks,  §  8a. 
Imputing    insurance    agent's    knowledge    to 

company,  see  Insurance,  §  20. 


INDEX  TO  L.K.A.  NOTES. 


999 


NOTICE— cont'd 

How  far  corporation  charged  with  knowl- 
edge of  managing  officer  engaged  in 
illegal  act.     2  L.R.A.(N.S.)   993. 

IV.  Of  rights  in  real  property. 

§    10.   Generally. 

Ivocord  as,  see  Records  and  Recording 
Laws,  §g  2G,  27. 

Effect  of  knowledge  of  existence  of  ease- 
ment  over   land,   see  Easements,   §   5. 

Tliat  real  estate  is  partnership  property. 
27  L.R.A.  480. 

Phjsical  conditions  wliich  will  charge  pur- 
cliaser  of  servient  estate  with  notice  of 
easement.     8   L.K.A.(X.S.)    418. 

Right  of  grantee  in  possession  with  notice 
of  defective  title  to  question  grantor's 
right  to  collect  purchase  money.  21 
L.R.A.  (N.S.)   ;^63. 

Of  rights  of  tenant  to  transferee  of  rever- 
sion of  leased  premises.  L.R.A.1915C, 
193. 

§    17.  Possession   as   notice  of   title. 

To  one  claiming  estoppel  to  set  up  title,  see 
Estoppel,  §  7a. 

General  rules  as  to  effect  of  possession.  13 
L.R.A.(X.S.)    51. 

General  rules  as  to  the  scope  of  the  in- 
quiry.    13  L.K.A.(N.S.)    66. 

Restriction  as  to  particular  title.  13  L.R.A. 
(N.S.)    68. 

The  possession.     13  L.R.A. (N.S.)    73. 

Application  of  rules  to  particular  classes 
of  cases.     13  L.R.A.  (N.S.)   96. 

Application  of  rules  to  easements.  13 
L.R.A.  (N.S.)   132. 

Estoppel  of  possessor  to  assert  claim.  13 
L.R.A.(N.S.)     135. 

Po88es.9ion  by  tenant  as  notice  to  transferee 
of  reversion.     L.R.A.1915C,  195. 


NOVATION— cont'd 

Effect  of  judgment  against  garnishee  to 
merge  or  satisfy  liability  of  principal 
debtor.    47  L.R.A.  131. 

New  obligation  given  by  debtor  to  creditor 
to  secure  the  release  of  a  lien  as  a  nova- 
tion of  the  original  obligation.  36 
L.R.A.  (N.S.)    464. 

Is  promise  by  a  third  party  to  pay  claim 
arising  out  of  performance  of  contract 
between  two  other  persons  tainted  by 
the  illegality  of  that  contract.  28 
L.R.A. (N.S.)    996. 

Effect  of  novation  of  contract  on  right  of 
purchaser  of  chattel  to  avail  himself  of 
breach  of  warranty  made  to  the  seller. 
51  L.R.A.  (N.S.)    nil. 

Secondary  agreement  abrogating,  altering 
or  supplementing  prior  contract  as  a 
novation.     L.R.A.1915B,  59. 

Release  of  original  debtor  as  a  condition  of 
novation  by  substitution  of  debtors. 
L.R.A.1918B,  113. 


NOXIOUS  VAPORS. 

Presumption  as  to  statutory  authority  of 
railroad  to  commit  nuisance  by  emit- 
ting.    70  L.R.A.  594. 


NOTICE  TO  PRODUCE. 

See  Evidence,  §  120a. 


NOTICE  TO  QUIT, 

See  Landlord  and  Tenant,  §  95. 


NOTORIETY. 

As  essential  element  of  adverse  possession. 
15  L.R.A.  (N.S.)    1200. 


NOVATION. 


Commercial  paper,  as  payment,  see  Pay- 
ment, §11. 

Distinction  between  novation  and  accord  ex- 
ecutory.    12  L.R.A.(N.S.)   1134. 

Liability  of  consolidated  railroad  company 
for  debts  of  predecessor.    23  L.Rj\..  231. 

Consult  also  L.R.A.  Digests  of  Cases. 


NOXIOUS    VEGETATION. 

Validity  and  construction  of  statute  in  re- 
lation  to.     43   L.R.A.  (N.S.)    1090. 

Liability  for  permitting  spread  of,  to  ad- 
joining property.    52  L.R.A.  293. 


NUISANCES. 


J.  What  are,  §§  1-9. 
II.  Liability    for;    right    to    maintain; 
remedies,  §§   10-31. 
a.  In  general,  §   10. 
h.  Who  liable,  §§  11-19. 

c.  Remedies;    right    of    action 

§§,30-25. 

d.  Defenses,  §§  26-29. 

e.  Criminal     liability;     punish- 

ment,  §§  30,  31. 

Constitutionality    of    statutes    as    to,    see 

Constitutional  Law,  §  128. 
Affecting  health,  see  Health,  §  11. 
Liquor  nuisance,  see  Intoxicating  Liquobs, 

§  37. 
Nuisance  on  leased  premises,  see  Landlord 

and  Tenant,  §  62. 
Attractive   nuisances,   see   Negligence,   §§ 

23,  23a. 

I.  What  are. 

g    1.  Generally. 

Places  of  amusement  as,  see  Amusements, 

§2. 
Fences  as,  see  Fences,  §  5. 


;ooo 


INDEX  TO  L.K.A.  NOTES. 


NUISANCES,  I.— cont'd 
In  street  or  highway,  see  Highways,  §  41. 
What  constitutes  a  liquor  nuisance,  see  In- 
ToxiCATiNQ  Liquors,  §  37. 

§  2.  As  to  waters;  drains  and  sewers. 

By  pollution,  see  Waters,  §  57. 

Surface  water  as.     65  L.R.A.  280. 
Obstruction  of  navigable  water  as.    4  L.R.A. 

209;*   69  L.R.A.   90;    51   L.R.A.  (N.S.) 

1172. 

§  3.  Trees  near  boundary. 

Trees  near  boundary  as.     2  B.  R.  C.  901; 

46  L.R.A.(N.S.)   6. 
Removal    of    trees    near    boundary    as.      21 

L.R.A.  730. 

§   4.  Noise  as  element. 

Noise  with  or  without  vibration  incident 
to  lawful  industrial  business,  as.  17 
L.R.A.(N.S.)  287;  44  L.R.A.  (N.S.) 
236. 

Keeping  of  barking  dogs  as.  7  L.RA.(N.S.) 
349. 

Bowling  alley  as.    40  L.R.A.(N.S.)   75. 

Noisy  dancing  as.     18  L.R.A. (N.S.)   699. 

On  street,  as  a  nuisance  subject  to  munici- 
pal control.     39  L.R.A.  672. 

Liability  of  railroad  for  creating  a  nuisance 
by.     32    L.R.A.(N.S.)    371. 

Garage  as  nuisance.     L.R.A.1917E,  369. 

§  5.  Smoke,  dust,  etc.;  odors. 

Stockyards,  see  Stockyards,   §  2. 

Municipal  control  over  smoke  as  a  public 
nuisance.  39  L.R.A.  (N.S.)  551;  18 
L:R.A.(N.S.)  156;  32  L.R.A.  (N.S.) 
554. 

Use  of  soft  coal  as.     13  L.R.A. (N.S.)   465. 

Coal  yards  as.    32  L.R.A. (N.S.)  522. 

Operation  of  brick  kiln  as.  2  L.RJk^.(N.S.) 
92. 

From  operation  of  mine.    L.R.A. 1917B,  313. 

Oil  refinery  as.     L.R.A.1918C,  230. 

Gas  plant  as.     20  L.R.A.(N.S.)   466, 

Driving  foul  air  against  neighbor's  windows 
as.     9  L.R.A. (N.S.)    695. 

Keeping  pigs.     L.R.A.1917C,  212. 

Stable  for  horses  as.  17  L.R.A. (N.S.)  1025; 
49  L.R.A. (N.S.)   958. 

Burning  slack,  culm,  or  other  waste  mate- 
rial as  a  nuisance.  48  L.R.A. (N.S.) 
244. 

Throwing  garbage  on  surface.  43  L.R.A. 
(N.S.)   1037;  L.R.A.1915C,  747. 

§   6.  Explosives. 

Fireworks  as  nuisance,  see  Fireworks,  §  2. 


Storage  of  explosives  as.     16  L.R.A.  (N.S.) 

691;  L.R.A.1915A,  615.  b.  Who   liable. 

Storage  of  oil,  gasolene,  or  gas  as  nuisance 

because    of    exjilosive    or    combustible     §    11.  Generally. 

quality.     52  L.R.A. (N.S.)    930.  Criminal  responsibility,  see  infra,  §  30. 

By    maintaining    powder     magazines.       38    Municipal  liability  in  respect  of,  see  MuNic- 

L.R.A.  306.  IPAL  Corporations,  §  77. 

Befjiu   ivith  tJiis  hook  on  every  law  question.    ■ 


NUISANCES,  I.— cont'd 

§    7.  Hospital    or    pesthouse. 

Hospital  as.    29  L.R.A. (N.S.)  49;  52  L.R.A, 

(N.S.)   1032. 
Insane   asylum   or   hospital   for   insane   as. 

40  L.R.A.(N.S.)    647. 

§   8.  Undertaker's  establishment;  ceme- 
tery. 

Undertaker's    establishment    as.     31  L.R.A. 

(N.S.)   608;  L.R.A.1918A,  829. 
Cemetery    as.      31    L.R.A.  (N.S.)     945;     34 

L.R.A.(N.S.)   565. 

§   9.  Miscellaneous. 

Animals  as,  see  Animals,  §§  21,  22. 
Auction  as,  see  Auction,  §  2. 
Bridges  as,  see  Bridges,  §  2. 
Matters  relating  to  gas,  see  (JAS.  §  3. 
Spur     tracks    and    sidings     as,    see     Spur 
Tracks  and  Sidings,  §  4. 

Dancing  as.     18  L.R.A.  (N.S.)    699. 

Garage.     L.R.A.1917E,  369. 

Pool  selling  as.     10  L.R.A. (N.S.)    992;    21 

L.R.A.(N.S.)      836;     44     L.R.A.(N.S.) 

161. 
Coasting  as.     42  L.R.A.  (N.S.)    867. 
Bees  as.     62  L.R.A.  133. 
Operation   of   mine   as   a  nuisance.      L.R.A, 

1917B,  313. 
Keeping  of  pigs.     L.R.A.1917C,  212. 
Spring    guns,    traps,    and    other    dangerous 

instruments  on  premises  as.     29  L.R.A. 

158. 
Projection    of   building   or   other   structure 

over  the  boundary  as.     32  L.R.A. (N.S.) 

1010. 
Exhibitions  of  anatomical  subjects  as  nui- 
sance.    45  L.R.A. (N.S.)   23. 
Stable  for  horses  as  a  nuisance,     17  L.R.A. 

(N.S.)   1025;  49  L.R.A.  (N.S.)   958. 
Theater  queue.     7  B.  R.  C.  124. 
Illicit   cohabitation   as   a   nuisance.     L.R.A. 

1916C,  653. 


//.  Liability 


for ;    right 
remedies. 


to    maintain;: 


a.  In  general. 

§10.  Generally. 

Liability  for  blasting,  see  Blasting. 

Measure  of  damages  for,  see  Damages,  §§ 
17,  80, 

Municipal  control  over,  see  Municipal  Cor- 
porations, §§  34-41. 

Duty  and  liability  of  one  maintaining  tem- 
porary obstruction  in  street  for  purpose 
of  loading  or  unloading  vehicles.  24 
L.R.A. (N.S.)   97. 

Right  as  against  public,  as  to  nuisance 
created  bv  damming  back  water  of 
stream.    59  L.R.A.  848. 


INDEX  TO  L.R.A.  NOTES. 


1001 


:N'UISAN-CES,  II.  b— cont'd 

Liability  in  damages  of  one  of  several  pol- 
luters of  a  stream.  24  L.R.A.{N.S.) 
1185. 

Xiiability  of  owner  of  vacant  property  for 
using  it,  or  permitting  it  to  be  used, 
in  such  a  way  as  to  collect  crowds,  to 
the  injury  of  the  neighborhood.  11 
L.R.A.(N.S.)    403. 

Joint  liability  of  successive  owners  of  prop- 
erty for  nuisance  maintained  thereon. 
46'L.R.A.{X.S.)    1187. 

Liability  of  abutting  owner  for  nuisance 
created  by  a  predecessor  in  title  upon 
the  highway  or  adjoining  property.  7 
B.  R.  C.  581. 

Liability  of  school  district  or  corporation 
for.     49   L.R.A.(N.S.)    1032. 

Inability  of  corporation  for  nuisance  arising 
while  it  was  in  the  hands  of  a  receiver. 
L.R.A.1918F,  321. 

Liability  of  receiver  for  continuance  of 
nuisance  created  before  his  appoint- 
ment.    L.R.A.1916F,  1020. 

Theater  queue  as  nuisance  for  which  pro- 
prietor of  theater  is  responsible.  7  B. 
E.  C.  124. 

9  12.  What  connection  with,  or  par- 
ticipation in,  essential  to  liability. 

Eailure  of  municipality  to  abate  nuisance. 
32  L.R.A.(N.S.)    890. 

Active  contribution  to  creation  or  mainte- 
nance.    32  L.R.A.(N.S.)   897. 

Permitting  nuisance  on  one's  j.remises,  32 
L.R.A.{N.S.)    899. 

Authorizing  nuisance.    32  L.R.A.(]S\S.)  900. 

Adopting  nuisance.     32  L.R.A.(N.S.)   900. 

Miscellaneous.     32  L.R.A.(N.S.)   900. 

§    13.  Employer. 

Liability  of  employer  for  nuisance  commit- 
ted by  independent  contractor.  65 
L.R.A,*751;  66  L.R.A.  146. 

Liability  for  acts  of  independent  contractor 
in  work  constituting  nuisance.  14 
L.R.A.  833. 

Employer's  liability  for  injuries  occurring 
in  performance  of  work  by  independent 
'  contractor  through  failure  to  remedy 
nuisance.     66  L.R.A.  948. 

§    14.  Contractor. 

Liability  of  contractor  to  third  persons  for 
nuisance  caused  by  defect  in  his  work 
after  its  completion  and  acceptance.  26 
L.R.A.  506. 

§    15.  Vendor. 

Liability  of  one  erecting  or  creating  a  nui- 
sance upon  his  land  for  continuance  of 
same  after  he  has  parted  with  the  title. 
25  L.R.A.{N.S.)   731. 

§   16.  Purchaser. 

Liability  of  purchaser  for  adding  to  nui- 
sance by  damming  back  flow  of  stream. 
59  L.R.A.  860. 

f   17.  —necessity  of  notice. 

Necessity  of  notice  to  make  owner  of  prem- 
ises liable  for  continuing  nuisance  cre- 
ated bv  predecessor.  27  L.R.A.  (N.S.) 
164;   50  L.R.A. (N.S.)    929. 

Consult  also  L.R.A.  Digests  of  Cases, 


NUISANCES,  II.  b— cont'd 

Necessity  of  notice  to  purchasing  railroad 
company  to  construct  culverts,  where 
road  was  originally  constructed  with- 
out them.     12  L.R.A.  (N.S.)   571. 

§    18.  Landlord. 

Liability  to  third  persons,  see  Landlokd  and 
Tenant,  §  62. 

Liability  of  landlord  for,  to  tenant  of  part 
of  premises.     23  L.R.A.  158, 

§    19.  Railroad. 

Damage  from  operation  of  road.  32  L.R.A. 
(N.S.)   372. 

Roundhouses  and  yards.  32  L.R.A. (N.S.) 
374. 

Terminals,  stations,  etc.  32  L.R.A. (N.S.) 
374. 

Use  of  spur  or  side  track.  32  L.R.A. (N.S.I 
375. 

Damage  from  stock  pens  and  oil.  32  L.R,A. 
(N.S.)   375. 

Causing  overllow,  accumulation,  or  pollution 
of  water.     32  L.R.A.  (N.S.)   376. 

Miscellaneous.     32   L.R.A. (N.S.)    377. 

Liability  for  nuisances  caused  by  negligence 
of  another  company  using  the  road  un- 
der a  lease,  license,  or  other  contract. 
L.R.A.1918E,  263. 

Necessity  of  notice  to  purchasing  railroad 
company  to  construct  culverts  where 
road  was  originally  constructed  with- 
out them.    12  L.R.A.(N.S.)  571. 

c.  Remedies;  right  of  action. 

§   2  0.  Generally. 

Indictment  for,  see  Indictment,  Informa- 
tion, AND  Complaint,  §  25. 

Injunction  against,  see  Injunction,  §§  25- 
29,  65. 

llight  of  property  cwner  to  damages  or  in- 
junction for  maintenance  of  electric 
light  plant  in  vicinity  of  his  property. 
27  L.R.A. (N.S.)  237.* 

Power  of  health  authorities  to  require  al- 
terations of  private  property  in  a  par- 
ticular manner.     24  L.RAl.(N.S.)    241. 

Remedy  for  obstruction  or  destruction  of 
rights  of  navigation.     59  L.R.A.  91. 

Remedy  for  protection  from  pollution  of 
source  of  municipal  water  supply.  11 
L.R.A.(N.S.)  1166;  L.R.A.1918E,  957. 

Right  of  private  citizen  to  destroy  liquor 
illegally  kept  for  sale.  26  L.R.A. (N.S.) 
996. 

Suflficiency  of  general  allegations  as  to 
maintenance  of  public  nuisance.  59 
L.R.A.  269. 

Effect  of  legislative  authority  on  remedy. 
]   L.R.A.  (N.S.)    131. 

§   2  0a.  Continuing  nuisance. 

Character  of  nuisance  as  continuing;  when 
cause  of  action  arises;  successive 
actions.     L.R.A.1916E,  997. 

§   21.  Abatement. 

Right  to  abate  nuisance  by  interference  with 
fishing  rights.     «n  L.R.A.  524. 


1002 


INDEX  TO  L.R.A.  NOTES. 


NUISANCES,  II.  c— cont'd 

Judgment  in  suit  to  abate,  as  bar  to  ac- 
tion for  damages  therefor.  58  L.R.A. 
735. 

Validity  of  statutory  provision  for  attor- 
ney's fee  in  proceeding  by  statute  to 
abate  a  liquor  nuisance.  L.R.A.1915E, 
949. 

Vacancy  of  property  as  affecting  right  to 
enjoin  nuisance  affecting  it.  46  L.R.A. 
(N.S.)    642. 

Remedy  in  equity  for  wrongful  issuance  of 
license  for  sale  of  intoxicating  liquor. 
L.R.A.1915E,  408. 

Abatement  of  bawdyhouse.  L.R.A.1918D, 
819. 

§  22.  — who  may  abate  or  maintain 
suit  for. 

Special  damage  from  awning  or  structure 
overhanging  street  which  will  sustain 
action  U\  private  person  to  abate  it. 
48  L.R.A.(N.S.)   173. 

Obstruction  in  highway  preventing  access 
to  property  except  by  circuitous  route 
as  a  special  injury  entitling  owner  to 
maintain  suit  for  abatement.  8  L.R.A. 
(N.S.)  227;  21  L.R.A. (N.S.)  76;  L.R.A. 
1917A,  1155. 

Riglit  of  one  who  navigates  stream  or  floats 
logs  therein  to  abate  nuisance  arising 
from  bridge.     51  L.R.A. (X.S.)   1172. 

Right  of  lessee  to  maintain  suit  to  abate  a 
nuisance  affecting  possession.  3  L.R.A. 
(N.S.)    448. 

Right  of  municipality  to  maintain  suit  to 
abate  nuisance.  51  L.R.A.  657;  L.R.A. 
1916D,  1020. 

State  as  proper  party  to  maintain  bill  to 
abate  nuisance  in  city  street.  19  L.R.A. 
(N.S.)    1172. 

Who  may  maintain  suit  to  abate  bawdy- 
house.    L.R.A.1918D,  819. 

Interference  with  pleasurable  use  of  stream 
as  causing  special  damage  or  peculiar 
injury  which  will  sustain  suit  for 
abatement  by  private  individual. 
L.R.A.1917F,  208. 

Statute  empowering  or  requiring  public  or 
local  authorities  to  maintaiii  suit  to 
abate  public  nuisance  as  affecting  the 
right  of  an  individual  peculiarly  af- 
fected to  maintain  the  suit.  L.R.A. 
1917E,  1009. 

§  23.  —  right  to  compensation  for 
property  injured  or  destroyed  in 
abating  public  nuisance. 

Nuisances  in  highways.     19  L.R.A.  196. 

Killing  animals.     19  L.R.A.   196. 

Liquor  nuisance.     19  L.R.A.  197. 

flaming  apparatus.     19  L.R.A.  197. 

Fish  nets.     19  L.R.A.  197. 

Liability  for  removing  buildings  on  account 

of  fire.     19  L.R.A.  197. 
Other    cases    of    destroving    buildings    and 

other  property.     19  L.R.A.  198. 
Liability  of  private  person  for  damages  to 

property  in  abating  a  nuisance.     L.R.A. 

1017C,  1042. 


Begin  ttHtJi  this  book  on  every  law  question. 


NUISANCES,  II.  (^-cont'd 

§   24.  Who  may  maintain  action  for. 

Action   for   abatement,   see  supra,   §  22. 
Who  mav  sue   for   injunction,  see  Injunc- 
tion, §§  25-29,  65. 

In  case  of  continuing  nuisance.  L.R.A. 
1916E,  997. 

Necessity  of  interest  or  estate  in  preniifees 
affected  by  nuisance  to  sustain  action 
for  death  or  bodily  injurv  from  the 
nuisance.     43  L.R.A. (N.S.)' 871. 

How  far  property  right  necessary  to  sus- 
tain action  for.     15  L.R.A.  689. 

Right  of  one  in  possession  to  maintain  ac- 
tion for  nuisance  without  proving- 
title.     34   L.R.A.(N.S.)    560. 

§  25.  — private  riglit  of  action;  special 
damages. 

Violation  of  statute  or  ordinance  relating 
to  explosives  as  nuisance  giving  rigiit 
of  private  action.    48  L.R.A. (N.S.)  878. 

Private  right  of  action  for  obstruction  ol 
navigable  stream.  3  L.R.A.  (N.S.) 
1126;    38  L.R.A.(N.S.)    763. 

Interference  with  pleasurable  use  of  stream 
as  causing  special  damage  or  peculiar 
injury  which  will  sustain  an  action  by 
a  private  individual  for  nuisance. 
L.R.A.1917F,  208. 

As  basis  of  recovery  by  abutter  for  injury 
to  property  from  railroad  in  street.  36 
L.R.A. (N.S.)    756. 

Obstructions  in  highway,  preventing  access 
to  property  except  by  a  circuitous 
route,  as  a  special  injur}-  entitling 
owner  to  maintain  action  for  damages. 
8  L.R.A.(N.S.)  227;  21  L.R.A. (N.S. ; 
75;  L.R.A.1917A,  1155. 

Interference  with  one's  use  of  a  highway  a* 
a  special  damage  which  will  sustain  an 
action  by  him  against  the  wrongdoer. 
28  L.R.A.  (N.S.)  1053;  L.R.A.lOl.lD, 
142. 

Right  of  owner  to  recover  damages  to  prop- 
erty from  nuisance,  not  of  a  permanent 
character,  existing  before  the  com- 
mencement, or  at  time  of  the  renewal, 
*  of  the  tenancy.     3  L.R.A. (N.S.)    1060. 

d.  Defenses. 

§   25a.  In  general. 

Doctrine  of  comparative  injury  in  suit  to 
enjoin    nuisance.      L.R.A.1916C,    1269. 

Estoppel  by  encouraging  or  acquiescing  in 
erection  of  building  or  plant  to  com- 
plain of  it  as  a  nuisance.  L.R.A. 
1916C,  940. 

Doctrine  of  comparative  injurv  in  suit  to- 
enjoin  nuisance.  31  L.R.A. (N-S.)  881. 

§2  6.  Prescriptive  right  to  maintain. 

General  doctrine.     53  L.R.A.  891. 

Matters  relating  to  health.     53  L.R.A.  893. 

Highways  and  places  held  for  public  use. 
'  53  L.R.A.  897. 

Prescriptive  right  of  municipality  or  indi- 
vidual to  pollute  stream  with  sewage  or 
other  harmful  substance.  25  L.R.A.. 
(N.S.)    589. 


INDEX  TO  L.K.A.  NOTES. 


loos 


NUISANCES,  II.  d— cont'd 
Prescriptive    right    to    maintain    nuisance 
caused  by  gas  plant.     20  L.R.A.(N.S.) 
472. 
Estoppel  by  encouraging  or  acquiescing  in 
erection    of    building    or    plant    to 
complain     of     it    a8    a    nuisance. 
L.R.A.1916C,  940. 

§   27.  Municipal  authority  as. 

Municipal   autliority   to  justify.     9   L.E.A. 

712.^* 

§  28.  Legislative    authority    as    a    de- 
fense. 

Legislative  autliority  as  defense  to  a  pub- 
lic nuisance.     L.R.A.1915B,   1207. 
EflFect  of  legislative  authority  upon  liability 
for     private     nuisance.     1     L.R.A. 
(N.S.)    49. 
Legislative   authority   to   manufacture   gas. 

20  L.R.A.(N.S.)   469. 
Legislative  authority  as  defense  to  niiisance 
created    by    pollution    at    point   Avhere 
sewers   of   municipality   discharge.     47 
L.R.A.(N.S.)    137. 

§   29.  —statutory  authority  to  commit 
not  to  be  presumed. 

In  general.    70  L.R.A.  579. 
Grants  of  authoritv  to  municipal  corpora- 
tions.    70  L.R.A.  580. 
Grants    of    authoritv    to    railroad    corpora- 
tions.    70  L.R.A.  585. 
C rants  of  authority  to  other  corporations. 

70  L.R.A.  594. 
Grants    of    authority    to    individuals.      70 
L.R.A.  597. 


e.  Criminal    liability;    ptinishment. 

§   30.  Criuiinal  liability. 

Criminal    responsibility   of   corporation.     2 

B.  R.  C.  251. 
Criminal  or  penal  liability  for  maintenance 

of,  hv   servant,  agent,  or  partner.     41 

L.R.A.  655. 
Criminal  responsibility  for  maintenance  of 

dam    in    non-navigable    stream    which 

creates  a  nuisance  injurious  to  public 

health.     22  L.R.A. (N.S.)   1259. 
Criminal  responsibility  of  municipality  for 
maintaining  or   permitting  a   nui- 
sance.    39'l.R.A.(X.S.)    411. 
Criminal  responsibility  of  public  officers  for 

nuisance.     L.R.A.1916F,   582. 

§   31.  Punishment  for  maintaining. 

Cruel  and  unusual  punishment  for  main- 
taining.    35  L.R.A.  576. 

Liability  for  punitive  damages  for  main- 
taining.    3  L.R.A.(N.S.)   1119. 


NUMBER. 

Of  grand  jurors,  see  Grand  Jury,  §§  4,  5. 

Of  judges,  see  Jxtdges,  §  5. 

Of  jurors,  see  Jury,  §  15. 

Consult  also  L.R.A.  Digests  of  Cases. 


NOIBER— cont'd 

Of  trustees,  see  Trusts,  §  21. 

Of  witnesses,  limitation  of,  see  Witnesses, 

§7. 
Duty    of    master    to    provide    a    sufficient 

number  of  employees,  see  Master  and 

Servant,  §§  106,  169a. 

Of  examinations  of  insured  as  to  loss.     52 

L.R.A.  427. 
Unfair   competition    in  use   of   combination 

of  geographical  name  with  numeral.   34 

L.R.A.(N.S.)    1040. 
Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  698. 


NUMBERING. 


Of  ballots,  see  Elections,  §  20. 

Requiring    numbering    of    automobiles. 
L.R.A. (N.S.)  215. 


■♦•» 


NUNC  PRO  TUNC. 
Entry  of  judgment,  see  Judgment,  §  18. 

♦•» 

NUNCUPATIVE   WILLS. 

See  A^'iLLS,  §  59. 


NURSE. 

Municipal  power  to  provide  during  epidem- 
ic.    26  L.R.A.  739. 

Liability  of  railroad  company  for  services 
of  nurse  employed  by  physician.  20 
L.R.A.   697. 

Liability  of  operating  surgeon  for  negligent 
acts  of  hospital  nurse  in  caring  for 
patient.  27  L.R.A. (N.S.)  1174;  L.R.A. 
1918C,  134. 

Liability  of  proprietor  of  private  sanitarium 
or  hospital  for  negligence  of.  6  L.R.A. 
(N.S.)    306;   L.R.A.1915D,  334. 


NURSERY. 


Power  of  state  to  regulate  nursery  business. 

15  L.R.A.(N.S.)    138. 
Discrimination     against     nonresidents     by 

statute   or   ordinance   imposing   license 

tax   on   agents   for   nursery   stock.     40 

L.R.A.(N.S.)  290. 

^~»^ 


NURSERY  STOCK. 


Liability  of  vendor  of,  see  Sales,  §  3Ga. 


1004 


INDEX  TO  L.K.A.  NOTES. 


o 


OATH. 


§    1.  Generally. 

8ee  also  Ai^fioavit. 

Eflect  of  failure  to  swear  jury.  L.R.A. 
1917D,  390. 

Failure  of  officer  to  take  proper  oath  as 
afrectinor  his  status  as  a  de  facto  officer. 
L.K.A.IOISB,  1124. 

Presumption  as  to  authority  of  notary  pub- 
lic of  another  state  or  country  to  ad- 
minister an  oath.     L.R.A.1916A,   1169. 

Of  parly  to  correctness  of  books  of  account 
oflered  in  evidence.     52  L.R.A.  590. 

J^aw  {foverning  form  of  oath,  as  consider- 
ation for  chattel  mortgage.  64  L.R.A. 
•MV.i. 

Effect  of  denial  under  oath  to  purge  one  of 
criminal  contempt.  9  L.R.A.  (N.S.) 
1119;   L.R.A.1917E,  654. 

Sufficiency  of  averment  in  indictment  or  in- 
formation for  perjury  as  to  jurisdic- 
tion or  authority  to  administer  oath. 
32  L.R.A.(N.S.).142. 

Furnishing  proofs  of  loss  not  under  oath  as 
substantial  compliance  with  policy  re- 
quirinij  proofs  under  oath.  2S  L.R.A. 
(N.S.r  651. 

Validity  of  oatii  taken  over  telephone.  30 
L.R.A. (N.S.)    358. 

Voluntariness  of  confession  made  under 
oath.  18  L.R.A.(N.S.)  872;  50  L.R.A. 
(N.S.)   1089. 

§  2.  To  grand  jury  or  officers  in  charge 
of  them. 

To  grand  jury.    27  L.R.A.  788. 

To  officer  in  charge  of  grand  jury.   27  L.R.A. 

779,   784. 
Failure  of  record  to  show  that  grand  jury 

was  sworn.     49  L.R.A.  (N.S.)    1215'. 

§   3.  To  witnesses. 

Necessity  of,  to  infant  witness.     19  L.R.A. 

606. 
To  witnesses  before  grand  jury.    28  L.R.A. 

320. 


§   4.  Of  voter. 

Duty    of    election    officers   to   accept    sworn 
vote.  36  L.R.A. (N.S.)    968. 


OBEDIENCE. 


AND    Servant, 


OBJECTIONS. 

To   raise    question    on    appeal,    see    Appeai. 

AND  Error,  §§  24,  24a. 
During  trial,  see  Trial,  §  18. 


OBLITERATION. 


§§   39, 


Cancelation  of  will  by,  see  Wills. 
40. 

Alteration  of  instrument  by  obliterating 
material  provision  without  substituting 
new  matter.     32   L.R.A.  (N.S.)    519. 


OBNOXIOUS   CONDUCT. 

Kmplojer's  liability  for  obnoxious  conduct 
of  servant  sent  to  commit  trespass.  70 
L.R.A.  736. 


OBSCENE  LITERATURE. 

§    1.  Generally. 

lnstii>at:on    to    offense    as    to.      25    L.R.A. 

345. 
Evidence  of  other  crimes  in  prosecution  for 

sending  ol)seene  letter.     62  L.R.A.  239. 
Cruel    and    unusual    punishment    for.      35 

L.R.A.  578.       » 

§   2.  Unlawfulness  of. 

At  common  Idw.     24  L.R.A.  110. 
Indecent  pictures.     24  L.R.A.  110. 
Tests  of  decency.     24  L.R.A.  110. 
Questions   for   court   and   jury.     24   L.R.A. 

m. 

Motives     and     object    of     publication.       24 

L.R.A.  in. 
Mailing  obscene  letters.     24  L.R.A.  112. 
Constitutionality    of    statutes.      24    L.R.A. 

112. 
Propriety  of  legislation.     24  L.R.A.  112. 


OBSCENITY. 


•By    employee,    see    Master 
§§  4,  "70,  117,  126,  127. 

Of  improper  direction  of  physician  as  affect- 
ing remedy  of  injured  person  against 
person  injuring  him.     49  L.R.A.  826.      | 

Begin  iNth  this  hooh-  on  evern  law  question. 


Obscene  literature,  see  Obscene  Literature. 
Sending  obscene  matter   througli  the  mail, 
see  PosTOFFiCE,  §  10. 

As  ground  for  divorce.  12  L.R.A.  (N.S.) 
820. 

As  disturbance  of  public  peace.  32  L.R.A. 
(N.S.)   505. 

Carrier's  liability  for  obscene  language  by 
employees  to  passengers.   14  L.R.A.  730. 

Necessity  of  use  of  words  per  se  obscene  to 
constitute  offense  under  statute  relat- 
ing to  obscenity.  22  L.R.A.(N.S.)  225; 
L.R.A.1918E,  771. 


INDEX  TO  L.R.A.  NOTES. 


1005 


OBSCENITY— cont'd  I 

Good  motive  as  affecting  criminal  charge 
involving  obscene  language  or  litera- 
ture.    L.R.A.1916B,  1121. 


OBSCURITIES. 


Deciphering  of,  in  proof  of  handwriting.   65 
L.R.A.  155. 


OBSOLESCENCE. 


Consideration  of,  in  treatment  of  deprecia- 
tion in  estimating  return  of  public 
service  corporation  for  rate-making 
purposes.     52  L.R.A.  (N.S.)    37. 


OBSTRUCTING  JUSTICE. 

By  resisting  arrest,  see  Arrest,  §§  7,  8. 
Escaping  or  aiding   in  escape,  see  Escape. 

Procuring  one  having  knowledge  of  offense 
to  leave  jurisdiction.  33  L.R.A.  (N.S.) 
976.    ' 

Resisting  service  of  civil  process  fair  on  its 
face,  but  invalid  in  fact,  as  an  offense. 
21  L.R.A.  (N.S.)  66. 

Wliat  constitutes  offense  of  attempt  to  in- 
fluence oflicers  of  court.  21  L.R.A. 
(N.S.)   C05. 

Publication  of  matters  derogatory  to  par- 
ties to  litigation  as  an  attempt  to  per- 
vert or  obstruct  course  of  justice,  or  as 
contempt  of  court.    2  B.  R.  C.  483. 

Claiming  or  taking  possession  of  property 
from  officer  who  has  seized  it  under 
a  writ.     47  L.R.A. (N.S.)    1146. 


OBSTRUCTION. 


§   1.  Generally. 

Loss  or   abandonment   of   easement  by,   see 

Easement,  §  25. 
In  highways,  see  Highways,  §§  26-39,  65- 

75,  77. 
Municipal  liabilitj'  for  obstruction  of  drains 

and    sewers,    see    Municipal    (  orpora- 

TIONS,  §  88. 

Of  navigation,  see  Waters,  §  21. 

Of  water,  generallv,  see  Waters,  §§  46-50, 

63,  75. 
Of  wharf  rights,  see  Wharves,  §  5. 
Wharf    as    obstruction    to    navig^ition,    see 

Wharves,  §  6. 

Of  free  right  of  way.    3  L.R.A. (N.S.)  461. 

Negligence  of  railroad  company  in  per- 
mitting obstructions  on  its  right  of  way 
which  obscure  view  of  track  from  high- 
way crossing.     12  L.R.A. (N.S.)    1067. 

§   2.  On  railroad  track. 

Of  traveler's  view  at  railroad  crossing,  see 

Railroads,   §    61. 
Consult  also  L.R.A.  Digests  of  Cases. 


OBSTRUCrnON— cont'd 

Obstructing  crossing,  see  Railroads,  §  62. 

Criminal  liability  for,  see  Railroads,  §  87. 

Carrier's  liability  for  injury  to  passenger 
caused  by  obstruction  placed  on  track 
by  stranger.     12  L.R.A. (N.S.)   840. 

Duty  of  railroad  company  to  remove  ob- 
structions on  right  of  way  interfering 
with  lookout  from  trains.  L.R.A. 
1916F,  130. 


OBVIOUS  DANGERS. 

Servant's  assumption  of  risk   of,  see  Mas- 
ter AND  Servant,  §  113. 


OBVIOUS    DEFECTS. 

Assumption  l)y  servant  of  risk  of,  see  Mas- 
ter AND  Servant,  §  113. 

Landlord's  liabilitv  for  injury  to  tenants 
from.  34  L.R?A.(N.S.)  804;  48  L.R.A. 
(N.S.) 917;  L.R.A.1916D,  1224;  L.R.A. 
1918E,  221. 


OCCULTISM. 


Prohibition  of  fortune  tolling  and  kindred 
superstitions.     43  L.R.A.  (N.S.)    203. 


OCCUPANCY. 


Of  insured  premises,  see  Insurance,  §  75. 


OCCUPANT. 


Liability  of  occupant  of  building  for  injury 
caused  by  article  falling  or  tlirown  from 
window  or  other  opening.  14  L.R.A. 
(N.S.)  426. 


OCCUPATION. 


Constitutionality  of  statutes  regulating,  see 
Constitutional  Law,  §§  39-176. 

Of  insured,  see  Insurance,  §  95. 

Libel  or  slander  injurious  to,  see  Libel  and 
Slander,  §§  3  4-20,  24-27. 

Tax  on,  generally,  see  License,  II. 

Tax  on,  as  interference  with  coimnerce,  see 
Commerce,  §  18. 

Of  master's  premises,  see  Master  and  Serv- 
ant, §  3. 

Of  real  property,  see  Use  and  Occupation. 

Notice  of  title  to  land  from  occupation.  13 

L.R.A.  (N.S.)  91. 
Occupation  of  premises  as  a  servant  and  as 

a  tenant.     4  L.R.A. (N.S.)   698. 
Effect  of  bad  motive  on  liability  for  injury 

to.     62  L.R.A.  694. 


1006  IXDEX  TO  L 

OCCUPATION Ali  DISEASES. 

Recovery  for,  under  Workmen's  Compensa- 
tion Act,  see  Workmen's  CoiiPEXSA- 
TION,  §  10. 


OCCUPATION   TAX. 

See  License,  II. 


OCCUPYING  CLAIMANTS'  ACTS. 

See  Impbovemexts,  §  7.         . 

■- ♦-•-♦ 

OCEAN. 
Jurisdiction  over.    4G  L.R.A.  264. 


OCULISTS. 


Application  to,  of  statutes  regulating  prac- 
tice of  medicine.    L.R.A.1917C,  826. 


ODORS. 

As  nuisances,  see  Nuisances,  §  5. 

Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  742. 
Alunieipal  liability  for  odors  from  sewage 

61  L.R.A.  669. 
Liability   of   railroad  company   for  damage 

froin.     32  L.R.A.  (N.S.)   375. 
Municipal  regulation  as  to  nuisance  of.     38 

L.R.A.  322. 
Identification   of   substance  by.     42   L.R.A 

(N.S.)  854. 
Presumption  as   to  statutory  authority  to 

commit  nuisance  by  obnoxious  vapors 

70  L.RA.  594. 


OFFER. 

False  statement  as  to  oflfer  for  property,  see 
Fraud  and  Deceit,  §  10. 

Unaccepted  offer  of  compromise  as  tolling 

statute  of  limitations.   37  L.R.A.(N.S.) 

885. 
Changing  terms  of  offer  of  prize  after  efforts 

to    secure    it   have   begun.     37    L.R.A 

(N.S.)   183. 


OFFER    AND    ACCEPTANCE. 

«;ee  Contracts,  §§  22,  23,  29. 

JSegin  xcith  this  book  on  every  law  question. 


R.A.  NOTES. 

OFFICE. 

Vacancy  in,  see  Officers,  §§  14,  17. 


OFFICE  BUILDING. 

To  whom  is  tlie  duty  to  keep  office  building 
in  proper  condition,  owing.  26  L.R.A. 
(N.S.)   1213. 

Liability  of  landlord  of,  for  injury  to  per- 
son calling  on  tenant  on  business. 
L.R.A.1916F,  1118. 


OFFICE    HOURS. 


Rules  of  telegraph  company  as  to.  53  L.R.A. 
732. 


OFFICERS. 


/.  In  general;  who  are,  §§  1,  2. 
II.  Selection;      incumbency;      tenure, 
§§    3-27. 

a.  In  general,  §  3. 

b.  Eligibility ;  qualifications,  §§ 

4-9. 

c.  Appointment;    election;    ac- 

ceptance, §§  10-15. 

d.  Term  of  office;  vacancy  hold- 

ing over,  §§   Id- IS. 

e.  Resignation    or    deprival    of 

office;    restoration,    §§    19- 
26. 

f.  Contest    of   title;   usnrptition 

of  office,  §27. 
III.  Rights,  powers,   duties,  compensa- 
tion, and  liability,    §§   28- 

4:2. 

a.  Rights,   powers,  and   duties, 

generally,   §§  28-,30. 

b.  Compensation;  fees,   §§  31- 

37. 

c.  Liability,  §§  38-42. 
IT.  De  facto  officers,  §§  43,  44. 

I.  In  general;  who  are, 

§    1.  Generally. 

Arrest  by,  see  Arrest. 

Resistance  of,  see  Arrest,  §§  7,  8;  Ob- 
structing Justice. 

Recovery  back  of  money  from,  see  Assump- 
sit, §§  8,  9. 

Right  of  subcontractor,  materialman,  or 
laborer  on  contractor's  bond  running 
to,  see  Bonds,  §§  9,  10. 

Bonds  of,  see  Bonds,  §§  12-15. 

Bribery  of,  see  Bribery. 

Civil  service  laws,  see  Civil  Service. 

Power  of  legislature  as  to  municipal  officers, 
see  Constitutional  Law,  §  20a. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  129. 

Validity  of  contract  affecting  official  action, 
see  Contracts,  §§  95,  98,  100,  102. 


INDEX  TO  L.R.A.  NOTES. 


1007 


OFFICERS,  T.— cont'd 

Validity  of  contract  in  wliicli  ofTiccr  is  per- 
sonally interested,  see  Contracts,  § 
100a. 

Validity  of  contracts  vvitli  public  officers, 
generally,   see  Coxtbacts,   §§   99-lOOb. 

Deputy  officers,  see  Deputy. 

Domicil  of,  see  Domicil  and  Residence, 
§  4.      ♦ 

Embezzlement  by,  see   Embezzlejient,   §   4. 

Judicial  notice  as  to,  see  Evidence,  §  11. 

Voluntariness  of  confession  to,  see  Evi- 
dence, IX. 

Homicide  in  resistance  of,  see  Homicide, 
§  11. 

Homicide  by  officers  of  justice,  see  Homi- 
cide, §']2. 

Injunction  as  to  offices,  see  Injunction, 
§39. 

Injunction  against,  see  Injunction,  §§  61, 
62. 

Larceny  by,  see  Labceny,  §  6. 

Libel  or  slander  of,  see  Libel  and  Slander, 
§  21. 

Privileged  character  of  complaints  by,  see 
Libel  and  Slander,  §  25. 

Mandamus  to,  see  Mandamus,  §§  3-11. 

Liability  of  municipal  corporation  for  acts 
of  officers,  see  Municipal  Cobpoba- 
tions,  §§  81-84. 

As  proper  parties  to  bring  action,  see  Par- 
ties,  §   9. 

Service  of  foreign  corporation  by  service  on, 
see  Wbit  and  Process,  §§  26,  28. 

Of  bank,   see  Banks,   §§   6-8a. 

Of  corporation,  see  Corporations,  VI. 

County  officers,  see  Counties,  §  12. 

Highway  officers,  see  Highways,  §§  87,  114. 

Judicial  officers,  see  Judges. 

Officers  of  municipality,  see  Municipal  Cor- 
porations, §§  112-122. 

Receivers,  see  Receivers. 

Referees,  see  Reference. 

Of  church,  see  Religious  Societies,  §  10. 

School  officers,  see  Schools,  §§  23-25. 

Sheriff',  see  Sheriff. 

Tax  officers,  see  Taxes,  §§   60,  61. 

Of  towns,  see  Towns,  §§  8-10. 

Statutes  conferring  powers  upon  municipal- 
ities or  counties  in  respect  to  their  of- 
ficers as  a  delegation  6f  legislative  pow- 
er, L.R.A.li)16D,  921. 

When  action  against  officers  is  deemed  to 
be  action  against  the  state.  44  L.R.A. 
(N.S.)    189. 

Notice  imported  to  holders  by  commercial 
paper  parable  to  a  public  body  or  of- 
ficer thereof.     L.R.A.1915B,  725. 

Liability  of  carrier  for  compelling  officer  in 
charge  of  negro  prisoner  to  ride  in  car 
for  colored  persons.    L.R.A.1916E,  280. 

Liability  of  county  for  damages  by  default 
of.     39  L.R.A.  74. 

Aa  grand  jurors.    28  L.R.A.  200. 

Right  to  inspect  books  of.    27  L.R.A.  83. 

Occupancy  bv,  as  a  tenancy.  4  L.R.A. (N.S.) 
698,  707',  725,  727. 

Improper  influence  or  interference  with 
grand  jury  by.     28  L.R.A.  371. 

Cronsult  aiso  L.R.A.  Digests  of  Cases, 


OFFICERS,  I.— cont'd 

Unauthorized  presence  of  officer  in  grand 
jury  room  as  affecting  indictment. 
L.R.A. 1916D,  1125. 

Use  of  public  funds  to  pay  expense  incurred 
by  officer  in  litigation.  L.R.A.1916D, 
92. 

Expenses  incurred  by  public  officers  or  em- 
ployees in  attending  conventions,  etc., 
as  a  proper  charge  on  public  funds. 
L.R.A.1917E,  332. 

Official  meeting  as  a  meeting  within  pur- 
view of  offense  of  disturbing  meet  nir. 
30  L.R.A. (N.S.)  832;  45  L.R.A. (N.S.) 
108. 

Service  on  state  officer  in  suit  against  for- 
eign corporation.     2.3  L.R.A.  4ij9. 

Erroneous  or  mistaken  marking  of  ballot 
by.     47  L.R.A.  8J0. 

Right  to  attach  or  garnisii  fiuid  in  Iiands 
of,  after  he  has  been  ordered  to  pay 
same  to  party.  13  L.R.A. (N.S.)  758; 
30  L.R.A. (N.S.)   720. 

Right  to  compel  public  employee  to  submit 
to  physical  examination  to  determine 
fitness.     33  L.R.A. (N.S.)   259. 

Connivance  in  misuse  of  funds  as  affecting 
liability  of  sureties  on  depositor's  bond. 
26  L.R".A.(N.S.)   865. 

Liability  to  public  servants  entering  prem- 
ises in  discharge  of  official  duties.  46 
L.R.A.  81. 

Denial  on  information  and  belief  of  matters 
within  knowledge  of  public  officials.  30 
L.R.A. (N.S.)  779. 

Presumption  that  alteration  in  instrument 
by  public  officer  was  made  before  exe- 
cution.    39  L.R.A.  (N.S.)   114. 

Competency  of,  as  expert  witnessses  for 
comparison  of  handwriting.  63  L.R.A. 
942. 

Conclusiveness  of  judgment  as  between 
plaintiff'  and  one  not  a  party  or  privy 
who  voluntarily  conducted  the  defense 
in  an  action  against  officers.  37  L.R.A. 
(N.S.)    965. 

Validity  of  agreement  by  which  compensa- 
tion is  dependent  on  success  in  procur- 
ing contract  with  public  officer  or 
board.  39  L.R.A.(N,S.)  747;  L.R.A. 
1915C,  823. 

§   2.  Who  are. 

Who  are  municipal  officers,  see  Municipal 
Cobpobations,  §  113. 

Generally.     13  L.R.A.  177. 

Definitions.     17  L.R.A.  243. 

What  distinguishes  an  office  from  a  mere 

employment    or    contract.      17    L.R.A. 

244. 
Attorneys  as.     17  L.R.A.  244. 
Attendants  of  courts.     17  L.R.A.  245. 
Clergymen.    17  L.R.A.  245. 
Marshals,  sheriffs,  and  their  deputies.     17 

L.R.A.  246. 
Policemen    and    firemen.     36    L.R.A. (N.S.) 

881. 
Keepers  of  public  money.     17  L.R.A.  246. 
Officers   of   public   institutions,     17   L.R.A. 

246. 
Officers  of  school  districts.     17  L.R.A.  247. 


1008 


INDEX  TO  I.R.A.  NOTES. 


OFFICERS,  I.— cont'd 

Constables.     17  L.R.A.  247. 

Municipal  oflScers.     17  L.R.A.  247. 

Tax  collectors.     17  L.R.A.  247. 

Members  of  Congress  and  of  the  state  legis- 
lature.    17  L.R.A.  247. 

Miscellaneous  instances.     17  L.R.A.  247. 

Instances  of  persons  performing  public  du- 
ties who  have  been  held  not  to  be  public 
officers.     17  L.R.A.  249. 

Who  are  city  officers.     14  L.R.A.  C46. 

//.  Selection;  incMitihency ;  tenure, 
a.  In  general. 

§   3.  Generally. 

Right  to  inspect  public  records  as  to  title  to 

office.     27  L.R.A.  85. 
Power  of  legislature  to  add  to  or  vary  the 

constitutional      method      of      selecting 

judges.     L.R.A.1916E,  834. 

5.  Eligibility;  qualifications. 

§   4.  Generally. 

Eligibilitv  to  office   of  judge,  see  Judges, 

§2.  * 
Disqualification  of  judge,  see  Judges,  §  4. 

Libel  or  slander  by  charge  that  officer  or 
candidate  has  not  the  necessary  quali- 
fications.   L.R.A.1918E,  27. 

Right  to  hold  office  as  a  privilege  or  im- 
munity of  a  citizen  of  the  United 
States'.     14  L.R.A.  580. 

Power  to  determine  eligibility  to  office  of 
one  nominated  at  primary  election.  39 
L.R.A.(X.S.)  826. 

Constitutionality  of  primary  election  laws 
imposing  new  restrictions  or  qualifica- 
tions on  candidates.  22  L.R.A.(N.S.) 
1142;  L.R.A.1917A,  262. 

Is  eligibility  to  be  determined  as  of  time 
of  election  or  appointment,  or  of  induc- 
tion into  office.  23  L.R.A.  (N.S.)  1228; 
41  L.R.A.  (N.S.)   1119. 

Right  of  candidate  receiving  next  highest 
number  of  votes  where  person  receiving 
highest  number  is  ineligible.  13  L.R.A. 
(N.S.)    1013;  34"  L.R.A. (N.S.)   240. 

§   5.   Incompatibility  of  oflices. 

Incompatibility  of  offices  at  common  law. 
L.R.A.1917A,  216 


OFFICERS,  II.  b— cont'd 

Distinction  between  the  right  to  hold  elec- 
tive office  and  right  to  hold  appointive 
office.     38  L.R.A.  208. 

Right  to  hold  judicial  office.    38  L.R.A.  209. 

Right  to  hold  legislative  office.  38  L.R.A, 
210. 

Right  to  hold  administrative  office.  3S 
L.R.A.   210. 

As  grand  jurors.     28  L.R.A.  204. 

§   8.  Residence. 

Constitutionality  of  statute  making  resi- 
dence within  the  district  a  qualification 
of  a  public  officer.  32  L.R.A.  (N.S.) 
835. 

§   9.  Misconduct. 

Re-election  of  public  officer  after  ouster  for 
misconduct.  6  L.R.A.  (N.S.)  843; 
L.R.A.1916D,  959. 

c.  Appointment ;  election;  acceptance. 

§10.  Generally. 

Validity  of  contract  for  sale  or  purchase  of 
office,  see   Conteacts,   §   101. 

Matters  as  to  election  of,  generally,  see 
Elex;tions. 

Appointment  of  municipal  officers,  see  Mu- 
nicipal CORPOBATIONS,   §    115. 

Validity  of  agreements  tending  to  influence 
elections  or  appointments  to  ottice.  51 
L.R.A. (N.S.)   549. 

Appointment  as  distinguished  from  election, 
15  L.R.A.  106. 

Power  of  appointment  under  civil  service- 
laws.     34  L.R.A. (N.S.)    484. 

Provision  for  testing  election  of  city  officer 
before  city  council  or  otlier  municipal 
body  as  exclusive  of  remedies  in  the 
courts.     26  L.R.A. (N.S.)    207. 

Constitutionality  of  statute  regulating  ap- 
pointment to  public  office  with  refer- 
ence to  party  affiliation.  27  L.R.A. 
(N.S.)    720. 

Appointment  or  election  of  officers  in  case 
of  tie  vote.     47  L.R.A.  563. 

Right  of  candidate  receiving  next  highest 
number  of  votes  where  person  receiving 
highest  number  is  ineligible.  13  L.R.A. 
CS.S.)    1013;  34  L.R.A.(N.S.)   240. 

Statutes  restricting  vote  of  elector  to  less 
than  all  when  several  officers  are  to  be 


„„  .,,  .  A-x  i-       1  i  i    i  chosen  for  same  office.     33  L.R.A.  141. 

Offices    withm    constitutional    or    statutory    attempted  appointment  for  fixed  term  as  re- 

iTa  I9T7A"  231  ^  '  striction  of  power  to  remove  at  pleas- 

Acceptance  of  one  as  resignation  of  other. 
23  L.R.A.  683. 

Right  of  person  to  hold  two  judicial  posi- 
tions at  the  same  time.  8  L.R.A.  (N.S.) 
1107;  L.R.A.1917A,  216. 


§   6.  Infants. 

Infants  as  deputy  sheriffs. 


13  L.R.A.  721. 


§   7.  Women. 

As  clerks,  see  Clerks,  §  4. 
As  deputy,  see  Deputy,  §  4. 

In  general.     38  L.R.A.  208;  27  L.R.A. i  N.S.) 

\5.32:  L.R.A.1915F,  898. 
Begin   with  this  booh-  on  every  law  question. 


ure.     35  L.R.A.  (N.S.)    86G. 
Denial  of  official  appointments  on  informa- 
tion and  belief.     .30  L.R.A! (N.S.)    781. 

§    11.  Who  may  appoint. 

Constitutional  power  of  courts  or  judges  to 
appoint  officers.    16  L.R.A.  737. 

May  appointment  of  municipal  officers  be 
constitutionally  delegated  to  courts  or 
judges  thereof.'  19  L.R.A. (N.S.)  579. 

§  12.  Of  person  having  apix>lnting 
power. 

Appointment  of  member  of  body  having  ap- 
pointive power.     31    L.R.A. (N.S.)    875. 


INDEX  TO  L.R.A.  NOTES. 


1009 


OFFICERS,  II.  c— cont'd 

Power  of  municipal  board  or  committee  to 
employ  one  of  its  own  members  as 
counsel.     3  L.R.A.  (N.S.)   849. 

§  13.  For  term  extending  beyond  term 
of  appointing  ollicer. 

PoAver  of  board  to  appoint  officer  for  term 
extendinp;  beyond  its  own  term.  29 
L.R.A.  (N.S.)    G52;  L.R.A.1915E,  581. 

May  officer  make  prospective  appointment, 
tlie  term  of  which  cannot  begin  xmtil 
after  liis  own  term  has  expired,  26 
L.R.A.  (X.S.)    514. 

8    14.  To  fill  vacancy. 

Term  of  one  appointed  to  fill  vacancy.  50 
L.R.A. (N.S.)   337. 

Appointment  or  election  of  officers  in  case  of 
tie  on  vote  to  fill  vacancy.  47  L.R.A, 
5G3. 

Right  of  governor  or  President  to  make  an 
ad  interim  appointment  to  an  office 
wliose  fixed  term  expires  before  the 
senate's  adjournment,  where  the  in- 
cumbent is  autliorized  to  hold  over  until 
his  successor  is  appointed.  46  L.R.A. 
(N.S.)   1202. 

Power  of  legislature  to  add  to  or  vary  the 
constitutional  method  of  filling  vacan- 
cy in  office  of  judge.     L.R.A. 1916E,  844. 

§    15.  Acceptance. 

Mandamus  to  compel,  see  Mandamus,  §  9, 

Compelling    citizen     to    accept    office.       24 

L.R.A.  492. 
Necessity    of.    to    complete    resignation    of 

office.     23  L.R.A.  G81;   12  L.R.A, (N.S.) 

1010. 


d.  Term    of    office;    vacancy;    holding 
over. 

§    16.  Term  of  office. 

Appointment  for  term  extending  beyond 
term  of  appointing  officer,  see  supra, 
§  13. 

Of  municipal  officer,  see  Municipal  Corpo- 

RATIONS,    §    116. 

First  and  last  days  in  computing  time  in 
case  of.     49  L.R.A.  244. 

Power  to  extend  term,  by  postponing  time 
for  election.  3  l!r.A.(N.S.)  887; 
L.R.A.1915C,  378. 

Effect  of  detachment  from  a  political  divi- 
sion, of  territorj'  in  wiiich  an  officer  re- 
sides, upon  his  tenure  of  tlie  office.  20 
L.R.A. (N.S.)    358. 

Tenure  of  office  under  civil  service  laws.  34 
L.R.A. (N.S.)    485. 

Of  one  appointed  to  fill  vacancy.  50  L.R.A. 
(N.S.)   337. 

§    17.  Vacancy. 

Appointment  to  fill  vacancy,  see  supra,  §  14. 
In  office  of  governor,  see  Governor,  §  3. 

Effect  of  death  of  person  elected  before  tak- 
ing office,  or  of  his  failure  to  quali- 
fy.    50  L.R.A.(N.S.)    374. 

Consult  also  L.B.A.  Digests  of  Cases.    64 


OFFICERS,  II.  d— cont'd 

Vacancy  in  office  by  failure  to  file  bond  with- 
in the  time  prescribetl.  16  L.R.A. 
140. 

§    18.  Holding  over. 

Extension  of  liability  on  official  bond  while 

holding  over.     35  L.R.A.  88. 
Right  of  governor  or  president  to  make  an 
ad    interim    appointment    to    an    office 
wlioso  fixed  term  expires  before  tlie  sen- 
ate's adjournment,  where  the  incumbent 
is   authorized   to   hold   over   until    suc- 
cessor  is   appointed.     46   L.R.A. (N.S.) 
1202. 
Purpose  and  effect  of  provision  that  incum- 
bent shall  hold  his  office  until  his 
successor   is   elected    and   qualified. 
50  L.R.A. (N.S.)   3G5. 

e.  Resignation  or  deprival  of  office; 
restoration. 

§    19.  Resignation. 

Effect  of  resignation  before  appointment  or 

election.     L.R.A. 1915E,  401. 
Right  of  referee  to  resign.     46  L.R.A. (N.S.) 

68. 
Necessity    of    an    acceptance    to    complete 
resignation  of  an  office.     23  L.R.A. 
681;    12   L.R.A. (N.S.)    1010. 
Right  to  repudiate  or  witlulraw  resignation. 

16    L.R.A.  (N.S.)     1058;     L.R.A.1917F, 

547. 
Liability  on  official  bond  after  resignation. 

35  L.R.A.  93. 

§   20.  Surrender. 

Mandamus  to  compel,  see  Mandamus,  §  10. 

§   21.  Abolishing  office. 

Effect  of,  on  de  facto  officer.  15  L.R.A. 
(N.S.)    98. 

§   22.  Removal  or  suspension. 

Recall  of,  see  Initiative,  Referendum  and 
Recall,  §  2. 

Of  municipal  officer,  see  Municipal  Corpo- 
rations, §  117. 

Of  town  officer,  see  To\vns,  §  10. 

Is  power  conferred  upon  municipality  to  re- 
move its  officers  exclusive.  20  L.R.A. 
(N.S.)   112. 

Mandamus  to  compel  exercise  of  power  to 
remove  or  suspend  public  officer.  28 
L.R.A. (N.S.)   194;  46  L.R.A. (N.S.)  9. 

Privilege  as  to  proceedings  for.  25  L.R.A. 
(N.S.)    455. 

Power  of  court  to  review  action  of  governor 
in  removing.     39  L.R.A. i N.S.)    788. 

Re-election  of  public  officer  after  ouster  for 
misconduct.     L.R,A.191(iD,  959. 

§    23.  —right  of. 

Right  to  remove  officers  summarily.  15 
L.R.A.  95. 

Power  of  town  or.  municipality  to  remove 
officer  in  absence  of  statutory  autiior- 
itv.  9  L.R.A. (N.S.)  572;  39  L.R.A. 
(N.S.)  519. 


1010 


INDEX  TO  L.R.A.  NOTES. 


OFFICERS,  II.  e— cont'd 

Attempted  appointment  for  fixed  term  as 
restriction  of  power  to  remove  at  pleas- 
ure.    35  L.R.A.(X.S.)   S66. 

§   24.  —grounds  for. 

Intentional  disregard  of  law  without  cor- 
rupt intent  as  ground  for  removal.  31 
L.R.A.(N.S.)   566. 

Acts  during  prior  term  as  ground  for  re- 
moval.    50  L.R.A.(X.S.)   553. 

Removal  for  failure  to  enforce  criminal  or 
penal  law  or  ordinance.  50  L.R.A. 
(N.S.)  841;  L.R.A.1918F,  1049. 

Removal  for  drunkenness.  50  L.R.A. (N.S.) 
912. 

Promise  to  accept  less  than  compensation 
fixed  by  law  as  afTecting  right  to  hold 
office.    L.R.A.1917B,  196. 

S   25.  Impeachment. 

Privileee  as  to  proceedings  for.  25  L.R.A. 
(X.S.)    455. 

Acts  during  prior  term  as  ground  for  im- 
peachment.     50   L.R.A. (N.S.)    553. 


f   26.  Restoration  to  office. 

Mandamus     to     compel,     see 
§  10a. 


Mandamus, 


/.  Contest  of  title;  iisurpation  of  office. 

§   2  7.  Generally. 

Bv  mandamus   proceeding,   see  Maxdamus, 

§  9. 
To  municipal  office,  see  Municipal  Cobpo- 

BATIONS,  §   118. 

Use  of  public  funds  to  pay  expenses  in- 
curred by  officer  in  establishing  title  to 
office.     L.R.A.1916D,  94. 

Mandatory  injunction  as  to  officers.  20 
L.R.A.  167. 

Injunction  to  try  title  to  office  claimed  un- 
der unconstitutional  statute.  8  L.R.A. 
(N.S.)   128. 

Mandamus  to  compel  payment  of  salary  to 
officer  whose  title  is  disputed. .  1  L.R.A. 
(X.S.)  588. 

•Question  relating  to  title  to  office  as  Federal 
question.     62  L.R.A.  534. 

III.  Rights,  powers,  duties,  compensa- 
tion,  and  liability. 

a.  Bights,   powers,   and  duties,   gener- 
ally. 

§   28.  Generally. 

Powers  of  clerks,  see  Clerks,  §  5. 

Power   to   make   contracts,   see   Coxtbacts, 

§§  99-101. 
Powers  of  judicial  officers,  see  Judges,  §§  6, 

7. 
Mandamus  to  compel  performance  of  duty 

by  public  officer,  see  Mandamus,  §§  3- 

11. 
Powers  of  municipal  officers,  see  Municipal 

COBPORATIOXS,    §    19. 

Of  school  officers,  see  Schools,  §  24. 

Rights  of  sheriff,  see  Sheriffs,  §  2. 

Power  of  town  officer,  see  Towns,  §  9. 

JSegin  toith  this  booTe  on  every  lato  question. 


OFFICERS,  III.  a— cont'd 

Duty  of  government  official  to  know  signa- 
ture of  drawer  of  draft.  L.R.A.1915D, 
797. 

Powers  of  fish  officers.     39  L.R.A.  589. 

Validity  of  acts  done  on  holidays.  19  L.R.A. 
320. 

Jurisdiction  or  authority  of  officer  to  act 
in  the  matter  as  element  of  bribery. 
15  L.R.A. (X.S.)    1173. 

Right  of,  in  executing  criminal  process,  to 
take  possession  of  evidentiarv  articles. 
18  L.R.A.  (X.S.)  253;  L.R.A.1916C, 
1017. 

Right  of  peace  officer  to  carry  weapons  out- 
side his  district.     38  L.R.A. (N.S.)   998. 

Right  of  officer  to  kill  in  self-defense.  67 
L.R.A.  304. 

Power  to  require  carriers  to  transport  per- 
sons in  public  service  at  reduced  rates. 
33  L.R.A. (X.S.)   956. 

Right  of  former  sheriff  to  maintain  action 
in  respect  of  a  sale  made  bv  him  while 
in  office.    29  L.R.A. (X.S.)   792. 

When  sheriff  may  act  by  deputy.  3  L.R.A. 
440. 

Rights  in  literary  work  done  in  connection 
with  official  duties.  5  L.R.A. (X.S.) 
1193;   1    B.  R.  C.  329. 

Right  of  public  to  benefit  of  discoveries,  in- 
ventions, devices,  data,  etc.  made  or 
prepared  by  officer.    L.R.A.1917B,  1183. 

Power  of  officer  not  specially  authorized, 
to  take  bonds  for  benefit  of  subcontract- 
ors, materialmen,  or  laborers.  27 
L.R.A.  (N.S.)  581. 

May  estoppel  to  deny  authority  to  receive 
money  alleged  to  have  been  embezzled 
be  invoked  against  officer  de  fdcto 
charged  with  embezzlement.  23  L.R.A. 
(N.S.)   703. 

§  2  9.  Power  to  act  as  determined  by 
the  place  of  performance. 

County,     citv,     town     boards     and     school 

officers.  '  33   L.R.A.  86. 
Courts  and  judges.    33  L.R.A.  87. 
Justice  of  the  peace.    33  L.R.A.  90. 
Notary  public.     33  L.R.A.  92. 
Surveyor.     33  L.R.A.  92. 
Sheriffs  and   constables.     33   L.R.A.  92. 
At  execution  and  judicial  sales.     33  L.R.A. 

92. 
At  trustees'  sales.     33  L.R.A.  96. 
At  tax  sales.     33  L.R.A.  96. 

§  30.  In  whose  name  acts  by  deputy 
officers  to  be  performed. 

In  general.  19  L.R.A.  177;  42  L.R.A.  (X.S.) 
877. 

Where  both  principal  and  deputy  seem  to 
have  acted.     19  L.R.A.  178. 

Where  the  act  is  in  the  name  of  the  prin- 
cipal "by"  deputy.  42  L.R.A. (X.S.) 
877. 

Where  the  act  is  in  the  name  of  the  prin- 
cipal alone.  19  L.R.A.  178;  42  L.R.A. 
(N.S.)    878. 

Where  the  designation  of  the  office  is  er- 
roneous or  incomplete.  19  L.R.A.  178; 
42  L.R.A.(N.S.)   879. 


INDEX  TO  L.R.A.  NOTES. 


1011 


OFFICERS,  III.  a— cont'd 

Acts  by  a  special  deputy.     19  L.R.A.  179; 

42  L.R.A.  (N.S.)   880. 
\^'llel•e  the  act  is  in  t!ie  name  of  tlie  doputv. 
19    L.R.A.    179;     42    L.R.A.  (X.S.) 
880. 
As  to  actions    by  and  against  deputies.    19 

L.R.A.  18];'42  L.R.A.(N.S.)    887. 
jNIiscelianeous.    42  L.R.A.  (N.S.)  888. 

h.  Compenfiation;  fees. 

§    31.  Generally. 

Of  cleriia,  see  Clerks,  §  6. 

'Of  municipal  oIHcers,  see  Municipal  Corpo- 
rations, §  J  20. 

V'uliditv  of  contract  as  to,  see  Contracts, 
§  99a. 

Right  to  reward,  see  Reward,  §  4. 

Meaning  of  term  perquisites  in  statutes  or 
ordinances  in  relation  to  officers.  L.R.A. 
191 8E,  675. 

Requisites  of  appropriation  for  official  sala- 
ry or  expenses.  16  L.R.A.  (N.S.)  631; 
27  L.R.A.(N.S.)  537;  49  L.R.A. (N.S.) 
67. 

<  laim  against  state  for  salary.  42  L.R.A. 
53. 

Right  of  public  officer  to  be  paid  quantum 
meruit.     17  L.R.A.(N.S.)    1263. 

Eight  of  clerk  on  salary  basis  to  retain  fee 
for  naturalization.  30  L.R.A. (N.S. ) 
810. 

Right  of  prosecuting  attorney  to  compensa- 
tion from  individual.  38  L.R.A. (N.S.) 
81. 

Eight  of  officer  conducting  judicial  sale  to 
ills  fee  where  property  is  bid  in  by 
person  at  whose  instance  sale  was 
made.     48   L.R.A. (N.S.)    542. 

Acceptance  of  partial  allowance  of  claim 
for,  as  an  accord  and  satisfaction.  42 
L.RA.(N.S.)   121. 

Taking  of  illegal  fees  by,  under  belief  of 
right  thereto  as  extortion.  40  L.R.A. 
(N.S.)    802. 

Power  of  state  to  tax  salary  of  Federal  offi- 
cer or  of  Federal  government  to  tax 
salary  of  state  officer.  34  L.R.A.  (N.S.) 
1215. 

Eight  of  taxpayer,  in  absence  of  statute, 
to  enjoin  payment  of  illegal  fees  and 
salaries  by  municipality.  36  L.R.A. 
(N.S.)   11. 

Mandamus  to  compel  payment  of  salary  to, 
where  title  is  disputed.  1  L.E.A.  (N.S. ) 
588. 

Admissibility  of  books  of  account  to  prove 
fees  for  official  services.    52  L.R.A.  699. 

*5    32.  Assignment. 

Validity  of  assignment  of  salary  to  be 
earned.     5  L.R.A. (N.S.)   565. 

Eflfect  of  assignment  of  unearned  salary  or 
fees  of  public  officer  to  put  the  same 
when  earned  beyond  the  reach  of  cred- 
itors.    31   L.R.A.(N.S.)    374. 

§  33.  Change  of. 

Constitutional  prohibition  against  change  of 
salary  during  term  as  affecting  fees. 
23  L.R.A.  609". 

Consult  also  L.R.A.  Digests  of  Cases. 


OFFICERS,  III.  b— cont'd 

Applicability  to  nonconstitutional  officer  of 
constitutional  provision  against  in- 
crease of  salary  of  officer  during  his 
term  of  office.     26  L.R.A. (N.S.)   289. 

Change  of  salary  of  deputy  or  other  sub- 
ordinate, as  violation  of  constitutional 
provision  against  change  of  salary  of 
public  officer  during  term  of  office.  37 
L.R.A. (N.S.)   388. 

Provision  for  compensation  of  additional 
deputy  or  assistant  as  violation  of  con- 
stitutional inhibition  of  increase  of 
officer's  salary  during  term.  L.R.A. 
1918C,  561. 

Right  to  increased  compensation  w^lien  stat- 
ute or  ordinance  increases  duties  after 
election  or  appointment.  L.R.A.1918E, 
761. 

§   34.  liiability  for  debts. 

Equitable  remedy  to  subject  salary  to  judg- 
ment after  return  of  no  property  found. 
63  L.R.A.  673. 

§   35.  —exemption  of. 

See  Exemptions,  §  5a. 

§36.  Recovery  back;  rights  of  public. 

Recovery  of  fees  exacted  by  public  officer 
for  performing  act  for  which  he  was 
not  authorized  to  demand  compensa- 
tion.    15  L.R.A. (N.S.)    183. 

Right  of  public  to  fees  unlawfully  culicctcd 
by  officer  for  his  own  benefit.  20  L.R.A. 
(N.S.)   1015. 

§  3  7.  Effect  of  payment  to  de  facto 
officer. 

Right  of  de  facto  officer  to  salary,  see  infra, 
§  44. 

Payment  made  to  de  facto  officer  as  defense 
to  action  for  salary  by  de  jure  officer. 
19  L.R.A.  689;  16  L.R.A. (N.S.)  794; 
24  L.R.A.(N.S.)  475;  L.R.A.1918C,  373. 

o.  Liahility. 

§3  8.  Generally. 

On  bond,  see  Bonds,  §§  12-15. 

Liability  for  false  imprisonment,  see  False 

Imprisonment,  §§  6-8. 
Liability  for  interest,  see  Interest,  §  14. 
Liability  for  wrongful  levy,  see  Levy  and 

Seizure,  §§  10-12. 
Privileged    communications    by,    see    Libel 

AND  Slander,  §  25. 
Municipal   liability  for  acts  of  officers,  see 

Municipal  Corporations,  §§  81-84. 
Of  clerks,  see  Clerks,  §  7. 
Of  municipal  officer,  see  Municipal  Corpo- 
rations, §  121. 
Of  governor,  see  Governor,  §  4. 
Of  judges,  see  Judges,  §  8. 
Of  postmaster,  see  Postoffice,  §  3. 
Of  school  officers,  see  Schools,  §  25. 
Of   sheriff,   see  Sheriffs,   §   3. 
Of  tax  officer,  see  Taxes,  §§  60,  61. 
Of    officer   serving    process,    see    Writ    and 

Process,  §  39. 
Liability   for   failure   to   serve   process,   see 

Writ  and  Process,  §  40. 


10J2 


INDEX  TO  L.R.A.  NOTES. 


OFFICERS,  III.  c— cont'd 

Of  infant  as  officer.    57  L.R.A,  688. 

For  defects  in  abstract  of  title.  22  L.R.A. 
99. 

Dutj-  of  municipal  officer  to  account  for 
profits  made  in  transaction  with-  a 
municipality.     48   L.R.A.  (N.S.)    842, 

Liability  of  officer  executing  invalid  search 
warrant.     49  L.R.A.  (X.S.)   770. 

Per.sonal  liability  of  public  officer  for  failure 
to  take  bond,  or  for  taking  insufficient 
bond,  from  contractor,  conditioned  for 
payment  of  claims  of  subcontractors, 
materialmen,  and  laborers.  49  L.R.A. 
«N.S.)    1199. 

Personal  liability  of  members  of  board  of 
health  or  health  officers.  5  L.R.A. 
(N.S.)  635, 

Personal  liability  of  highway  officers  for 
act.s  in  excess  of  their  authority.  13 
L.R.A.IN.S.)  233. 

Liability  of  tax  officers  or  their  bond  for 
failure  of  tax  purchaser's  title  on  ac- 
count of  irregularities  in  procedure.  41 
L.R.A.(N.S.)  967. 

Liability  of  officer  for  making  arrest.  51 
L.R.A.  193:  42  L.R.A,(N.S.)  69;  L.R.A. 
l»loB,  505. 

Variance  between  execution  and  judgment 
as  affecting  amercement  of  officer  for 
failure  to  return  execution.  42  L.R.A. 
iN.S.)   895. 

Personal  liability  of  an  election  officer  for 
rejecting  ballots.     11  L.R.A.  (N.S.)   501. 

Liability  of  officer  who  turns  oyer  articles 
taken  from  prisoner  to  a  third  person 
in  recognition  of  the  latter's  adverse 
claim.     19  L.R.A. (X.S.)   833. 

Liability  of,  for  interest.  15  L.R.A.  456; 
18  L.R.A.  456;  L.R.A.1918B,  811. 

Statement  of  account  of.     27  L.R.A.  821. 

When  police  regulation  is  construed  to  ap- 
ply to  public  official.  1  L.R.A. (X.S.) 
878. 

Action  against,  as  suit  against  state.  1 
L.R.A. (X.S.)   727. 

Duty  of  officer  to  account  for  money  or 
property  he  has  recoyered  as  result  of 
litigation.     42  L.R.A. (X.S.)   697. 

Right  to  maintain  action  to  recover  prop- 
erty in  specie  against  officer  executing 
writ.     18  L.R.A. (X.S.)   1272. 

Constitutionality  of  statute  releasing  public 
officer  or  his  surety  from  liability  for 
loss  of  public  fund.  41  L.R.A. (X.S.) 
97. 

Removal  to  Federal  court  of  causes  against 
Federal  officers.     53  L.R.A.  577. 

Sufficiency  of  general  allegations  as  to 
breach  of  duty.    59  L.R.A.  267. 

Burden  of  proof  in  action  against  officer  for 
failure  to  execute  process.  3  L.R.A. 
(X.S.)   420. 

Effect  of  judgment  establishing  title  to 
property  seized  under  execution,  as 
against  officer  making  seizure,  who  was 
not  a  party  thereto.  14  L.R.A. (X.S.) 
530. 

Character  and  extent  of  relief  against  an 
officer  vested  with  discretion,  who  has 
rendered  a  decision  upon  a  ground  not 
within  his  discretion.  7  L.R.A. (X.S.) 
525. 


Begin  ivith  this  book  ou  every  law  question. 


OFFICERS,  IIL  c— cont'd 
Imprisonment  of  officers  of  court  for  debt. 
34  L.R.A.  669. 

§   39.   On  contract. 

Liability  of  public  officers  on  contracts  made 
bv  "them  for  the  public.  15  L.R.A.  509; 
43  L.R.A.  (X.S.)   565. 

Personal  liability  of  public  officer  on  con- 
tract wliich  he  attempts  to  make  for 
public  in  excess  of  his  authority.  23 
L.R.A. (X.S.)    428. 

Personal  liability  of  officer  to  sell  property 
for  broker's  services.'  38  L.R.A.  (X.S.) 
777. 

Personal  liability  of  officer  who  signs  con- 
tract by  adding  words  indicating  repre- 
sentative capacity  to  his  signature.  4"Z 
L.R.A.(X.S.)   6. 

§4  0.  For  negligence  or  torts. 

Liability  for  false  imprisonment,  see  Fal.sb 

Impkiso.nmext,  §§  6-7 a. 
Liability  for  wrongful  levy,  see  Levy  axi> 

.Seizukk.  §§  10-12. 
Liability  of  police  officer,  see  Police,  §  5. 

Criminal  responsibility  for  nuisance.  L.R.A. 
1916F,  582. 

Liability  of  public  prosecutor  to  action  for 
malicious  prosecution.  L.R.A.1917F, 
699. 

Personal  liability  of  highway  officers  for 
ne;.'ligence.  *22  L.R.A.  824;  52  L.R.A. 
(X.S.)   142;  L.R.A.1916B,  1186. 

Liabilit}-  of  officer  who  uses  criminal  process 
to  collect  a  debt.    24  L.R.A.  (X.S.)  .301. 

Liability  of  registrar  of  deeds  for  neglect,, 
delay,  or  mistake  in  registering  or  in- 
dexing instrument  affecting  title  to 
real  property.    23  L.R.A.(X.S.)   127. 

Liability  of  officers  to  bondsmen  of  anotiier 
officer  for  neglect  to  require  proper  set- 
tlement of  latter's  accounts.  28  L.R.A. 
(X.S.)   115. 

Robbery  by,  after  making  an  arrest.  1 
L.R.A.(X.S.)  1024;  3  L.R.A.  (X.S.) 
508. 

Larceny  while  acting  under  writ  of  execu- 
tion.    3  L.R.A. (X.S.)    508. 

Liability  of  postmaster  for  illegal  acts 
done  in  accordance  with  directions  of 
superior  officer.     24   L.R.A. (X.S.)    309. 

Liability  as,  of  receivers  for  torts  or  negli- 
gence of  servants.     63  L.R.A.  234. 

Liability  of  public,  or  officers  having  charge 
of  public  charitable  institution,  for  neg- 
ligence toward  inmate.     6  B.  R.  C.  552. 

Civil  liability  of  officer  for  injury  inflicted 
by  prisoner  in  his  custody  upon  another 
prisoner.     L.R.A.1918C,  il63. 

Homicide  by  peace  officer  in  attempting  to 
enforce  his  commands  against  innocent 
persons.    L.R.A.1918D,  379. 

For  wrongful  act  of  corporate  board  of 
which  officer  is  a  member.  5  L.R.A. 
(X.S.)   463. 

Right  to  break  and  enter  dwelling  to  serve 
civil  Avrit  of  process.  L.R.A.1916D, 
281. 

Liability  of  live  stock  inspectors.  L.R.A. 
'  1915B,  1013. 


INDEX  TO  L.R.A.  NOTES. 


10i3 


OFFICERS,*III.  c— cont'd 

When  statute  begins  to  run  against  action 
by  private  person  based  on  breach  of 
duty  by  [  ublic  ollicer.  52  L.U.A.  (Is.S.) 
701. 

§   41.  lor  loss  by  failure  of  bank. 

Liability  on  bond  for  loss  of  nionev  by  tlieft 
or  bank  failure.     22  L.U.A.  449. 

Public  funds.  7  L.R.A.(X.S.)  1084;  36 
L.R.A.(X.S.)   285. 

Private  funds.     30  L.R.A.(N.S.)   292. 

Express  legislation;  curative  acts.  36 
L.R.A.(N.S.)   294. 

§    12.  For  judicial  acts. 

Liability  of  judicial  ollicer  to  civil  action 
for  acts  of  judicial  nature.  14  L.R.A. 
138;  44  L.R.A.  (N.S.)    164. 

Por  acts  in  excess  of  jurisdiction.  27  L.R.A. 
92. 


ir.  De  facto  officers. 

§   4  3.  Generally. 

Of    municipality,    see   Municipal   Corpora- 
Tio^.s,  §  J 22. 

Failure   of   officer   to   take   proper   oath   or 

give  proper  bond  as  aflTecting  his  status 

as    a    de    facto    officer.      L.R.A.1918B. 
^     1124. 
Under  unconstitutional  statute.     21  L.R.A. 

141. 
De  jure  office  as  a  condition  of  a  de  facto 

officer.     15  L.R.A.  (N.S.)    94;   24  L.R.A. 

(N.S.)  408. 
Hight  to  try   in   mandamus  proceeding  the 

question    who    is    de    facto   officer.      13 

L.R.A.  (N.S.)  601. 
May  bond  of  officer  de  facto  be  enforced  as 

a  common-law  bond.     21  L.R.A. (N.S.) 

7C6. 
May  estoppel   to  deny  authority  to  receive 

money  alleged   to  have   been  embezzled 

be    invoked     against    officer    de    facto 

charged  with  embezzlement.     23  L.R.A. 

(N.S.)    763. 
Effect  of  abolishing  office  on  de  facto  officer. 

15  L.R.A. (N.S.)   98. 
Validitv  of  acts  of  de  facto  justice  of  peace. 

L.R.A. 19181),  1079. 
Effect  of  selection  of  grand  jury  by  de  facto 

officer.     L.R.A.1917C,  221. 

$    4  4.  Right  to  salary. 

Effect   of   payment   to   de  facto   officer,   see 
supra,  §  37. 

Eight  of  de  facto  officer  to  salary  of  office. 
32  L.R.A.(N.S.)  949;  L.R.A.1918F,  587. 


OFFICIAL  MEETING. 

Character  of,  essential  to  offense  of  disturb- 
ing meeting.  30  L.R.A. (N.S.)  832;  45 
L.R.A.(N.S.)   108. 

<yonsult  also  L.R.A.  Digests  of  Cases. 


As 


OFFICIAL   REPORT. 

privileged    communication. 
(N.S.)   163. 


5    L.R.A. 


OFFICIAL   STENOGRAPHER. 

See  Stexogkapher,  §§  2,  3. 


OFFSPRING. 


Loss  of,  as  element  of  damages  for  injuries 
resulting  in  miscarriage.  23  L.R.A. 
(N.S.)  347. 


OIL. 

As  part  of  realty,  see  Mixes,  §§  33-38. 
As  dangerous  agency,  see  Negligence,  §  14. 
As  to  pipe  lines,  see  Pipe  Lixes. 
Keeping   of,    on    insured   premises.      L.R.A. 
1917C,  278. 

Regulating     keeping     or     storing     of.     41 

L.R.A.  (N.S.)  458. 
Storage  of,  as  nuisance.     52  L.R.A.(N.S.) 

930. 
Violation   of   statute  or  ordinance   relating 

to,    as   ground    of    private    action.      48 

L.R.A. (N.S.)    879. 
Right  to  require  that  flaxseed  of  linseed  oil 

offered   for   sale   shall   answer  a  desig- 
nated  standard   of   purity.      41   L.R.A. 

(N.S.)   150. 
Sale  of  oil  from  wagon  as  peddling  within 

statutory     or     municipal     regulations. 

L.R.A.1916B,   1296. 
Right   to  oil   in   railroad  right   of  way  as 

between   company   and   fee  owner.     45 

L.R.A.  (N.S.)   803. 
Liability  for  injury  caused  by  escape  of  oil 

stored    on    one's    premises.      15    L.R.A. 

(N.S.)  535. 
Discharging  oil  into  stream  or  bay  as  proxi- 
mate cause  of  fire  resulting  therefrom. 

30  L.R.A.  (N.S.)    1210. 
Contributory  negligence  as  defense  in  case 

of    explosion     of     oil     below    statutory 

standard.     38  L.R.A. (N.S.)    412. 
Liability  of   railroad   company   for  damage 

from.     32  L.R.A. (N.S.)    375. 
Sufficiency  of  delivery  of  essential  oils  sold 

out  of  larger  lot.     26  L.R.A. (N.S.)   37. 
Use  of  coloring  matter  in,  as  adulteration. 

25  L.R.A.(N.S.)    1234. 


OILING  STREET. 


Liability  for  injury  due  to. 
712. 


L.R.A.1917F, 


]014 


INDEX  TO  L.E.A.  NOTES. 


OHi  REFINERY. 

As  a  nuisance.    L.R.A.1918C,  230. 

♦-•-♦ . 

OliD  AGE. 

As  total  disability  of  insured.     38  L.R.A. 

537. 
As   proof   of   testamentary    incapacity.      27 

L.R.A.  (N.S.)    25;    L.R.A.1915A,  450. 


♦  »» 


OliEOMARGARIX. 

See  Food,  §  9. 

♦-»♦ 

OMISSIONS. 

Parol  evidence  of,  see  Evidence,  §  179. 
From  will,  see  Wills,  §  61. 

Of  corporate  promoters.    25  L.R.A.  92. 

• ♦■•-♦ 

OMITTED  PROPERTY, 

Assessment  of,  see  Taxes,  §  o4a. 


OMNIBUS. 


See  Hacks. 


OPEN  COURT. 

Hearing  witnesses  before  grand  jury  in.    28 
L.R.A.  323. 


OPEN  HOUSE. 


Condition  in  liquor  dealer's  bond  that  licen- 
see shall  keep  an  open  house.  L.R.A. 
1916E,  274. 


OPENING   STATE3IENTS. 

EflFect  of  admissions  on  right  as  to,  see 
Trial,  §  9. 

Right  to  direct  verdict  or  enter  nonsuit  on 
opening  statement  of  counsel.  29  L.R.A. 
(N.S.)   218. 


OPEN  POLICY. 


OPEN  SHOP. 

Controversy  over  "open"  or  "closed"  shop 
as  justification  for  means  employed  to 
aid  strike.  17  L.R.A. (N.S.)  1C2;  3& 
L.R.A.  (N.S.)   787;  L.R.A.1917F,  760. 


OPERATING  EXPENSES. 

Treatment  of,  in  estimating  the  return  of  a 
public  service  corporation  for  rate- 
making  purposes.     52  L.R.A.  (N.S.)   15.^ 


OPERATION. 


Performance  of  operation  without  consent 
of  patient,  see  Physicians  and  Sur- 
geons, §  14. 

Duty  of  injured  person  to  submit  to,  on  ad* 
vice  of  pliysician  or  surgeon.  48' 
L.R.A.  (N.S.)   11]. 

Duty  of  injured  employee  seeking  compen- 
sation under  Workmen's  Compensation 
Act  to  submit  to  operation.  L.R.A. 
1917D,  174. 


OPERATOR. 

Of  automobile,  see  Automodiles,  §§  2-4,  7. 
— -^-—^ 

OPHTHALMOLOGIST. 

Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A. (N.S.) 
763;    24    L.R.A. (N.S.)   103;    25   L.R.A. 

(N.S.)    1297. 


Conflict  of  laws  as  to.    63  L.R.A.  84".. 

Begin  uHth  this  took  on  every  law  question. 


4  >» 

OPINION  EVIDENCE, 

See  Evidence,  VIII. 

■♦  >  » 

OPINIONS. 

§   1.  Generally. 

As  evidence,  see  Evidence,  VIII. 
Expression  of,  as  fraud,  see  Fraud  and  De- 
ceit, §  7. 
As  disqualification  of  juror,  see  Jury,  §  12. 

Disqualifying  grand  juror.     28  L.R.A.  200. 
Libel  by  expressing  without  misstating.    28 
L.R.A.  667. 

§   2.   Of  court. 

As   part   of   record   on   appeal,   see   Appeal 

and  Error,  §  22. 
Criticism  of,  as  ground  for  disbarment,  see 

Attorneys,  §  5. 


INDEX  TO  L.R.A.  NOTES. 


1015 


OPINIONS— cont'd 

Criticism  or  publication  of,  as  contempt, 
see  Contempt,  §§  6,  7. 

Propriety  of  referring  in  argument  to  jury 
to  opinions  on  appeal  in  previous  trials 
in  the  same  cause.    L.R.A.1918D,  64. 

§   3.  Statement  of,  as  perjury. 

Perjury  in  statements  involving  matters  of 
opinion   or   belief,     25   L.R.A.  (N.S.)    654. 

May  perjury  be  predicated  of  testimony  as 
to  the  effect  of  an  understanding  or 
agreement.    22  L.R.A. (N.S.)  1216. 


OPIUM. 

In  general,  see  Drugs  and  Druggists. 

Furnishing    or    prescribing    by    physician. 
L.R.A.1918E,  669. 


OPIUM   HABIT. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  treatment 
for.  3  L.R.A. (N.S.)  763;  24  L.R.A. 
(N.S.)  103:  25  L.R.A. (N.S.)  1297;  33 
L.R.A.(N.S.)     179. 


OPPONEXT. 


As   witness,   right  to   impeach.     21  L.R.A. 
425. 


OPPRESSION. 


Injunction  against  action  or  proceeding  in 
foreign  jurisdiction  to  prevent.  25 
L.R.A. (N.S.)  268. 

Libel  or  slander  by  charge  of,  against  public 
officer  or  candidate.     L.R.A.1918E,  40. 


OPPROBRIOUS  WORDS. 

As  provocation  for  homicide.     4  L.R.A.  (N. 
S.)  154. 


OPTHALiMOIiOGISTS. 

Application  to,  of  statutes  regulating  prac- 
tice of  medicine.     L.R.A.1917C,  826. 


OPTICIAN. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A.  (N.S.) 
762;  24  L.R.A. (N.S.)  103;  25  L.R.A. 
(N.S.)    1297;   33  L.R.A. (N.S.)    179. 

Consult  also  L.R.A.  Digests  of  Cases. 


OPTION. 

Assignability  of,  see  Assignment,  §  4. 

As  to  mutuality,  generally,  see  Contracts,. 
§  18. 

Rights  conferred  by,  generally,  see  Con- 
tracts, §  23. 

Validity  of  wagering  contracts,  generally, 
see  Contracts,   §§   105,   106,   115,   116. 

Of  insured,  see  Insurance,  §  56. 

Of  insurer  to  rebuild,  see  Insurance,  §  174. 

Of  insurer  as  to  person  to  receive  proceeds 
of  policy,  see  Insurance,  §  194. 

To  renew  lease,  see  Landlord  and  Tenant, 
§  25. 

To  servant  to  accept  benefits  from  relief 
fund,  see  Master  and  Servant,  §   53. 

To  declare  mortgage  due  for  default  of  pay- 
ments, see  Mortgage,  §  65. 

For  purchase  of  personal  property,  see  Sale,. 
§  2. 

Rights  and  liability  under  option  for  pur- 
chase of  personalty,  see  Sale,  §  41. 

As  affecting  specific  performance,  see  Spe- 
cific Performance,  §  22. 

For  purchase  of  real  estate,  see  A-'endor  and- 
Purchaser,  §  4. 

Right  to  damages  for  breach  of  option  con- 
tract wliich  is  not  specifically  enforce- 
able because  it  contravenes  the  rule 
against  perpetuities.     4   B.  R.   C.  292. 

Right  of  broker  to  compensation  upon  pro- 
curing customer  to  take  an  option.  43" 
L.R.A.  (N.S.)     91. 

Contract  for  indefinite  option  or  indefinite 
renewal  of,  as  perpetuity.  9  L.R.A.  ( N.  ■ 
S.)    913. 

To  take  interest  or  profits  from  person  in. 
fiduciary  relation.    29  L.R.A.  625. 

Exercise  of  option  to  retire  obligation  be- 
fore maturity  as  stopping  interest.  43^ 
L.R.A.(N.S.)    1146. 

As  to  maturity  of  paper  as  affecting  nego- 
tiability. 35  L.R.A. (N.S.)  390;  L.R.A. 
1915B,  472. 

As  taxable  credit.  10  L.R.A. (N.S.)  1061; 
34  L.R.A.(N.S.)    1221. 

Effect  on  contract  of  leaving  option  between 
different  amounts.    53  L.R.A.  292. 

Renewal  of  contract  under  option  as  extend- 
ing the  undertaking  of  a  surety  for  the 
performance  of  the  contract.  41  L.R.A, 
(N.S.)    422. 

Of  cesttii  que  trust  to  require  a  conveyance 
or  otherwise  terminate  the  trust  as  sub- 
jecting the  same  to  the  claims  of  cred- 
itors.    25  L.R.A.  (N.S.)   236. 

Promise  to  pay  a  fixed  sum  conditional  up- 
on exercise  of  an  option  by  promisee, 
the  time  for  which  had  not  expired  at 
the  time  of  bankruptcy,  as  basis  of 
provable  claim.     28  L.R.A. (N.S.)    349. 

Validity  of  contract  or  option  by  director 
for  purchase  of  stock  of  employee  of 
corporation  upon  discontinuance  of  em- 
ployment.    L.R.A. 1916D,  1117. 

Validity  of  agreements  giving  mortgagee 
right  to  retain  property  on  additional 
payments.     6  B.  R.  C.  435. 

Specific  performance  of  provisions  for  ap- 
praisal of  property  preliminarv  to  exer- 
cise of  option.    L,R.A.1917C,  813. 


lOlU 


INDEX  TO  L.R.A.  NOTES. 


OPTION— cont'd 

Who  may  exercise  option  under  a  contract 

calling    for    a   maximum    or    minimum 

amount    of    commodity.      L.R.A.1918D, 

583. 
Insurable   interest   of   holder   of   option    on 

property.     L.R.A.1918A,  393. 


OPTOMETRISTS. 


Application  to,  of  statutes  regulating  prac- 
tice of  medicine.    L.R.A.i917C,  826. 


ORAIi  CONTRACTS. 

Generally,  see  Contracts,  §§  25-59. 
Of  insurance,  see  Ixsubance,  §§  36,  43. 
Specific   performance  of,  see  Specific  Peb- 

FOKMAXCE,   §§   11-13. 


ORAL  EVIDENCE. 

See  EviDExcE.  VII. 


ORAIi  Wllili. 


Revocation  of  former  will   by. 
562. 


37   L.R.A. 


ORANGE  MINT. 


Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.(X.S.)   316. 


ORCHARDS. 


Validity  and  construction  of  statutory 
regulations  as  to  infected  orchards. 
43  L.R.A.(N.S.)  1080;  L.R.A.1915F, 
894. 

Effect  of  constitutional  or  statutory  exemp- 
tion of,  from  condemnation  proceed- 
ings.    L.R.A.1916A,  1103. 


ORDER. 

Admissibility  of,  in  evidence,  see  Evidence, 

§  130. 
Forgery  of,  see  Fobgeby,  §  9. 
Obedience  of,  bv  servants,  see  Masteb  and 

Servant,  §§  4,  70,  il7,  126,  127. 
Of  court,  see  Motions  and  Obdebs. 
Of  trial,  see  Tbial, 
Of  proof,  on  trial,  see  Tbial,  §  13. 

Liability    of    county    for    interest    on.      17 

L.R.A.  (X.S.)   552. 
Larceny  by  making  or  procuring  fraudulent 

orders  on  public  funds.     32  L.R.A.  (N. 

S.)   2.34. 
Negotiability    of    postoflice    money    orders. 

36  L.R.A. (X.S.)   143 


ORDINANCE. 

In  general,  see  Municipal  Cobpobations, 
y.  c. 

Municipal  liability  for  failure  to  enforce, 
see  Municipal  Cobpobations,  §  100. 

Municipal  liability  for  enforcement  of  void 
ordinance,  see  Municipal  Cobpoba- 
tions, §  101. 


ORDINANCE  OF  17  87. 

Ordinance  of  1787,  see  Obdinance  of  1787. 

Effect  upon,  of  admission  of  state  into  the 
Union,     52  L.R.A. (X.S.)    305. 


ORES. 

In  general,  see  Mines. 

Sufficiency   of   delivery   of,   on    sale   out   of 
larger. lot.    26  L.R.A.  (X.S.)  44. 


ORGANIZATIONS. 


Of  grand  jury,  see  Gband  Juby,  §  2. 

Of  petit  jury,  see  Juby,  III. 

Or  municipality,  see  Municipal  Cobpoba- 
tions, §  6. 

Of  school  district,  see  Schools,  §  28. 

See  also  Associa,tions  ;  Benevolent  Soci- 
eties; Building  and  Loan  Associa- 
tions; Cobpobations;  Insubance; 
Labob  Obganizations  ;  Pabtnebship; 
Relief  Associations;  Religious  So- 
cieties. 

Right  of  members  of  organization  to  pro- 
tection in  use  of  a  name  which  their 
efforts  have  made  valuable.  28  L.R.A. 
(N.S.)   458. 


ORGANIZED   LABOR. 

See  CoNSPiBACY,  §§  4-8;  Labob  Organiza- 
tion. 


ORIGINAL  JURISDICTION. 

Of  court  of  last  resort,  see  Coubts,  §§  30, 
31. 


Begin  ivith  this  book  on  every  law  question. 


ORIGINAL  PACKAGE. 

As  articles  of  commerce,  see  Commerce, 
§  16. 

Applicability  of  pure  food  laws  as  to  label- 
ing to  retail  packages  taken  from  orig- 
inal package  of  manufacturer.  25 
L.R.A.(N.S.)    616. 


INDEX  TO  L.R.A.  NOTES. 


1017 


ORIGINAL  PACKAGE— cont'd 

Original  package  rule  as  affecting  questions 
what  amounts  to  retail  as  distinguished 
from  wholesale  of  liquor.  32  L.R.A. 
(N.S.)   625;  L.R.A.1915B,  389. 


ORIGINALS. 


51 


Of  telegram.     50  L.R.A.   202. 
Common    law    rights    of    authors    i 

L.R.A.  379. 
Copies   of   documents   made   by   mechanical 

means   as   originals.     12   L.R.A.  (N.S.) 

343. 


ORNAMENTAL  ARTICLES. 


As  fixtures.    6  B.  R.  C.  161. 


ORNAMENTAL  TREES. 

Rights  of  life  tenant  as  to.  37  L.R.A.  (N. 
S.)    772. 

Measure  of  damages  for  injury  to,  or  de- 
struction of.  19  L.R.A.  653;  11  L.R.A. 
(N.S.)  930;  28  L.R.A.(N.S.)  757;  37 
L.R.A.{N.S.)    1115. 


ORPHAN. 

Residence  of.  for  school  purposes.    36  L.R.A. 
(N.S.)   344;  51  L.R.A.  (N.S.)   234. 

«-»■# 


OSTEOPATHIST. 


Application  of  statutes  regulating  practice 
of  medicine  to.  3  L.R.A. (N.S.)  763; 
24  L.R.A. (N.S.)  103;  25  L.R.A. (N.S.) 
1297;  L.R.A.1917C,  822. 


OTHER  ACTION  PENDING. 


Abatement   of   actions   by, 
AND  Revival,  §§  5-7. 


see   Abatement 


OTHER  THINGS. 


Construction  of  words  "other  things"  as 
used  in  devise  or  legacy.  L.R.A.1918A, 
223. 


OUSTER. 

In  general,  see  Advekse  Possession. 
Of  jurisdiction,  see  Courts,  §  3. 
Consult  also  L.R.A.  Digests  of  Cases, 


OUSTER— cont'd 

Election    of   public   officer   after   ouster   for 

misconduct.       6      L.R.A.(N.S.)       843; 

L.R.A.1916D,  959. 
Liability   of   cotenants  to   account    for   use 

and  occupation,  and  rents  and  profits, 

in  case  of.     28  L.R.A.  832;   29  L.R.A. 

(N.S.)   228;  L.R.A.1918B,  606. 
Admission    of,    by   defendant    in    ejectment 

under    a    plea    of    the    general    issue. 

L.R.A.1918F,  248. 


OVENS. 


As  part  of  realty.     1  B.  R.  C.  972. 


OVERBUYING. 

As  ground  for  attachment.     30  L.R.A.  488. 


OVERCHARGES. 


Recovery  back  of  overcharges  made  by  pub- 
lic service  corporation.  18  L.R.A.  (N. 
S.)   124. 


OVERCROWDING. 


Carrier's  liability  in  case  of,  see  Cabbiers, 
§  74. 

Carrier's  duty  to  prevent  injury  to  livestock 
from.     39  L.R.A.  (N.S.)   642. 


OVERDRAFT. 


Right  of  bank  to  recover  back  amount  paid 
on  check  under  mistaken  belief  that 
there  were  funds  sufficient  to  meet  it. 
33  L.R.A.(N.S.)  13;  23  L.R.A.(N.S.) 
1092;   L.R.A.1918F,  811. 

4«» 


OVERDUE  PAPER. 

See  Bills  and  Notes,  §  36. 


OVEREXERTION. 


Injury  from,  as  covered  by  accident  policy. 
2  B.  R.  C.  367. 

Injury  or  disability  from  strain  as  within 
provision  as  to  external,  violent  or  ac- 
cidental means.     42  L.R.A. (N.S.)    562. 

Assumption  of  risk  of,  in  lifting  weight* 
under  the  immediate  direction  of  mas- 
ter or  vice  principal.  25  L.R.A. (N.S.) 
362. 


1018 


INDEX  TO  L.R.A.  NOTES. 


OVERFLOW. 

In  general,  see  Waters,  §§  46-50. 
Municipal   liability   for   overflow   of  drains 

and    sewers,    see   Municipal    Corpoba- 

Tioxs,  §  88. 


OVERHANG. 


Liability  of  street  railway  company  to  one 
hit  by  swing  of  car  at  curve.  L.R.A. 
1915C,  604. 


OVERHANGING  OBJECTS. 

Injury  by  falling  objects,  see  Falling  Ob- 
jects. 
In  street,  see  Highways,  §§  19a,  68,  83. 


OVERHEAD   CHARGES. 

Treatment  of,  in  public  service  property 
valuations.    48  L.R.A.(N.S.)   1037. 

Amortization  of,  in  estimating  return  of  a 
public  service  corporation  for  rate- 
ipaking  purposes,     52  L.R.A.  (N.S.)   50. 


♦  •» 


OVERHEAD  CROSSING. 

Power  of  municipality  to  require  railroad 
company  to  keep  highway  in  repair  at. 
18  L.R.A.(N.S.)   915. 


OVERHEATING. 


Recovery  under  Workmen's  Compensation 
Act  for  injuries  caused  by.  L.R.A. 
1918F,  872. 


OVERLAP. 


Of  mining  claims.     7  L.R.A. (N.S.)    853. 
Nature   of   adverse   possession   under   color 

of  title  in  case  of  overlapping  grants. 

15  L.R.A.(N.S.)    1245. 


OVERPAY»IEXT. 


Right  to  recover  back  overpayment  made  in 
ignorance  or  forgetfulness  of  previous 
payments.     24  L.R.A. (N.S.)    517. 

Right  of  executor  or  administrator  to  re- 
cover back  excessive  payments  made 
under  mistaken  belief  that  the  estate 
was  solvent.    28  L.R.A.(N.S.)  440. 


OVERSTRAINING. 


OVERSTATED    DEBT. 

Security  for  as  participation  by  creditor  in 
debtor's  fraudulent  intent.  31  L.R.A. 
630. 

Begin  uHth  this  took  on  every  law  question. 


See  Overexertion, 


OVERWORK. 


Overwork  of  servant  as  affecting  master's 
liability  for  injury  to  him  or  another 
servant.  13  L.R.A.  (N.S.)  1214;  45 
L.R.A.  (N.S.)   372. 


OWNERSHIP. 


Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §§  104,  105. 

Evidence  as  to  generally,  see  Evidence, 
§  281. 

Allegations  as  to,  in  indictment,  see  Indict- 
ment, ETC.,  §  7. 

Of  insured  property,  see  Insurance,  §§  66- 
73. 

Of  entire  party  wall  by  builder.     66  L.R.A. 

673. 
Admissibility  of  books  of  account  to  prove. 

52  L.R.A.  716. 
Denial   of,    in    information    and    belief.      30 

L.R.A.(N.S.)   777. 
Of  paper  payable  to  director  or  officers  of  a 

corporation.     50  L.R.A. 'N.S.)   IIIZ. 


OWNER'S  RISK. 


Provision  in  contract  of  carriage  that  goods 
shall  be  "at  owner's  risk"  as  extending 
to  loss  caused  by  negligence.  6  B.  R.  C. 
125. 


OWN   WITNESS. 

Right  to  impeach,  see  Witnesses,  §  44. 


OXEN. 

Express  warranty  as  to,  as  excluding  im- 
plied warranty.     33  L.R.A, (N,S,)    505, 


OXYGEN. 

Application  of  statutes  regulating  practice 
of  medicine  to  persons  giving,  3  L.R.A. 
(N.S.)   763. 


OXYGENOR. 


Application  of  statute  regulating  prac- 
tice of  medicine  to  persons  giving  spe- 
cial kinds  of  treatment.  3  L.R.A.  (N, 
S.)  762;  24  L.R.A.  (N.S.)  103;  25 
L.R.A.  (N,S.)    1297. 


See  Pleading,  §  5. 


INDEX  TO  L.R.A.  NOTES. 
OYER.  OYSTERS. 

See  Fisheries,  §  5. 


1010 


PACKAGES. 

Original  packages,  see  Original  Packages. 

Express  company's  diitv  as  to  delivery  and 
collection  of.     33  L.R.A.  66. 

Right  of  passenger  to  carry  baggage  or 
packages  in  street  car.  30  L.R.A. (N. 
S.)   889. 

.Right  to  compel  production  of  sealed  packet, 
or  articles  not  of  a  documentary  char- 
acter, upon  subpcena  duces  tecum.  3 
B.  R.  C.  219. 


PACKER. 

Xiability  of,  to  persons  not  in  privity  of 
contract  for  injuries  from  defects  in 
articles  sold.  19  L.R.A.  (X.S.)  923;  48 
L.R.A.(N.S.)   213;  L.R.A.1916B,  879. 


PACKET. 


See  Packages. 


PACKET  COMPANY. 

Exclusion  of  foreign   company  as   aflfecting 
commerce.     24  L.R.A.  312. 


PAID  SURETY, 


Allies   governing   contracts    of.      33   L.R.A. 
(N.S.)   513. 


PAID-UP  INSURANCE. 

See  Insurance,  §  55. 


PAID-UP  STOCK. 

Assessments  on,   see  Cobpobations,   §  111. 


PAIN. 

Allowance  for  in  fixing  damages  for  death. 

17  L.R.A.  72. 
Admissibility- of  expressions  or  statements 

of  present  pain  made  during  sickness  or 

subsequent   to   injuries.     24   L.R.A.  (N. 

S.)    253. 
As    affecting    testamentarv     capacitv.      27 

L.R.A.  (N.S.)    28;  L.R.A.1915A,  451. 
Consult  also  L.R.A.  Digests  of  Cases. 


PAINT. 

Liability  for  injurv  to  employee  by  explo- 
sion of.     L.R.A'.1918B,  864. 

Keeping  of,  on  insured  premises.  L.R.A. 
1917C,  278. 


PAINTERS. 


As  independent  contractors.     17  L.R.A.  (N. 
S.)    373. 


PAINTING. 


Instruction  in,  as  a  necessary  for  an   in- 
fant.     42    L.R.A.(N.S.)     1115. 
Tenant's  duty  as  to.     64  L.R.A.  655. 


♦-•-♦ 

PALACE  CAR  COMPANY. 

See  Carriers,  §§  96,  97. 

♦-»♦ 


PALMISTRY. 

Prohibition  of.     43  L.R.A. (N.S.)   203. 


PAMPHLETS. 


Use    of,    by    counsel    in    arguing    to    jury. 

L.R.A.1918D,  82. 
Publication    by,   of   matters    derogatory    to 

parties    to    litigation,    as    contempt    of 

court.     2  B.  R.  C.  498. 


PANEL. 

Of  petit  jury,  see  Jury,  III. 

Excusing   and    completing    panel   of   grand 
jurors.    27  L.R.A.  780. 


PAPERING. 

Tenant's  duty  as  to.     64  L.R.A.  655. 


1020 


INDEX  TO  L.E.A.  NOTES. 


PAPERS. 

Discovery  and  inspection  of,  see  Discovery 

AND  Inspection,  §§  3,  4. 
As  to  legal  papers,  see  Legal  Papers. 
See  also,  Docu:ments. 

Condition  in  fire  policy  as  to  keeping,  pi'O- 
ducing  and  preserving.  51  L.R.A.  699; 
L.R.A.1915F,   759. 


PAR. 

Issuance  of  corporate  bonds  at  less  than  par 
as   usury.     35   L.R.A.  (N.S.)    1106. 

Accrued  interest  as  part  of  par  value  with- 
in prohibition  against  sale^  bonds  at 
less  than  par.    35  L.R.A.  (N^.)  789. 


PARADES. 


Delegation  of  power  to  regulate,    20  L.R.A. 

721. 
In  street.    19  L.R.A.  858. 
Municipal    control    over,    as    nuisance    in 

street.     39  L.R.A.  672. 
Validity  of  ordinances  as  to  street  parades. 

25   L.R.A.(N.S.)    251. 
Validity   of   statutory   or   other   regulation 

forbidding  display  of  red  flag  or  other 

symbol     tending     to     incite     disorder. 

L.R.A.1915B,  706. 


PARAIiliElj  RAILROADS. 

Consolidation  of,  see  Railroads,   §§   9-11. 


PARALYSIS. 


As  element  of  damages  for  negligent  injury. 
48  L.R.A.  (N.S.)   ]01. 
affecting    testamentary    capacity.      27 
L.R.A.(N.S.)   29;  L.R.A.1915A,  451. 


As 


PARAMOUR. 


Insurance  on  life  in  favor  of.  47  L.R.A. 
(N.S.)   252. 

Slander  in  charging  woman  with  being.  24 
L.R.A.  (N.S.)   611. 

Competency  of  one  spouse  to  testify  as  to 
,  conduct  of  other  spouse  on  indictment 
of  paramour  for  adultery.  39  L.R.A. 
(N.S.)    318. 

Right  of  one  charged  as  paramour  in  di- 
vorce suit  to  attack  divorce  decree. 
L.R.A.1917B,  498. 

Benin  with  this  hook  on  every  law  question. 


PARAPHERNALIA. 

Card-game  paraphernalia  as  gaming  device 
within  statute  as  to  gaming.  17 
L.R.A.(N.S.)  1210. 


PARCELS. 


As  baggage,  see  Carriers,  §  87. 
Sale  under  mortgage  in  parcels,  see  Mort- 
gage, §  79. 


PARDON. 

See  Criminal  Law,  §§  85-89. 


PARENT  AND  CHILD. 

§    1.  Generally. 

Advancement  to  child,  see  Advancement. 

Enlistment  of  minor,  see  Army  and  Navy,. 
§  2. 

Assault  and  battery  by  parent,  see  Assault 
AND  Battery,  §  8. 

Father's  right  to  appoint  guardian  for,  see 
Guardian  and  Ward,  §§  3,  4. 

Interest  of  children  in  community  property,^ 
see  Husband  and  Wife,  §  31. 

Illegitimate  children,  see  Illegitimacy. 

Legitimation  of  bastard  child,  see  Illegit- 
imacy, §  3. 

As  to  incest  between,  see  Incest. 

Liability  for  death  of,  or  injury  tb,  infants,, 
generally,  see  Infants,  V'I. 

Insurance  on  life  of  minor  child,  see  In- 
fants, §  4. 

Minor  children,  generally,  see  Infants,  §§ 
6-10. 

Parents'  duty  to  support  and  protect  minor 
child,  see  Infants,  §§  11-13. 

Marriage  of  infant  child,  see  Infants,  §  la. 

Parents'  liability  for  necessaries  furnished' 
minor  child,  see  Infants,  §  18a. 

Liability  for  death  of,  or  injury  to,  infants,, 
see  Infants,  VI. 

Insurable  interest  in  life  of,  see  Insurance,. 
§32. 

Contributory  negligence  of  parent,  see  Neg- 
ligence, §  37. 

Seduction  of  child,  see  Seduction. 

Action  by  parent  for  seduction  of  child,  see 
Seduction,  §§  4,  5. 

Revocation  of  will  bv  birth  of  cliildren,  see 
Wills,  §  37. 

Allowance  for  mental  anguish  because  of 
negligence  in  transmission  of  message 
relating  to  illness  or  death  of  parent, 
or  child,  see  Damages,  §  102. 

Children  as  "employees"  of  parents  within^ 

meaning    of    Workmen's    Compensation 

Acts.     L.R.A. 19]  8F,  205.  " 
Personal    contributory    negligence    of    child 

riding  in  vehicle  driven  or  controlled  by 

parent.     L.R.A.1915E,  230. 
Homicide   or    assault   to    prevent    one   from 

taking  a  child.     L.R.A.1915A,  73. 


INDEX  TO  L.R.A.  NOTES. 


1021 


PARENT  AND  CHILD— cont'd 

Action  by  parent  for  nuitilation  of  corpse. 
L.R.A.1915B,  522. 

Validity  and  enforceability  of  contract  in 
consideration  of  naming  child.  51 
L.K.A(X.S.)   1108. 

Use  of  pliotograph  to  sliow  likeness  of.  35 
L.R.A.   806. 

Exhibition  of  child  in  bastardy  proceedings 
for  purpose  of  determining  paternity. 
L.R.A.1917B,  1148. 

Admissibility  of  declarations  of  parents  or 
putative  parents  as  to  paternity  or  ma- 
ternity of  child.     6  B.  R.  C.  852. 

Right  of  child  of  divorced  parents  to  attack 
divorce  decree.     L.R.A.1917B,  498. 

Riglit  of  parent  of  divorced  child  to  attack 
divorce  decree.     L.R.A.1917B,  499. 

Right  of  parent  to  maintain  action  for  dam- 
"~        ages   against  one   issuing   marriage   li- 
cense to,  or  performing  marriage  cere- 
monv  for,  cliild   under  age  of  consent. 
L.R.A.1917E,  873,  874. 

night  of  mother  to  recover  penalty  for  im- 
proper performance  of  marriage  cere- 
mony.   L.R.A.1917E,  874. 

Parent's  right  to  remove  child  from  state. 
58  L.R.A.  937. 

Whether  parent  or  child  real  party  in  in- 
terest bv  whom  action  must  be  brought. 
64  L.R.A.  610. 

Right  of  parent  to  sue  for  libel  or  slander 
of  child.    4.T  L.R.A.  (N.S.)  769. 

Insurable  interest  in  life  of  foster  child  or 
•foster  parent.     46  L.R.A. (N.S.)    779. 

Malice  as  e^^sential  to  an  action  for  aliena- 
tion of  affections  b}'  parent.  46  L.R.A. 
(N.S.)    467. 

Statutes  establishing  juvenile  courts  as 
interfering  with  rights  of  parent. 
45  L.R.A. (N.S.)    91,3. 

Riglit  of  parent  to  apjjointment  as  r'uardian 
of  minor  child.     33  L.R.A.  (n!s.)    868. 

Voluntariness  "of  confession  to  parent.  18 
L.R.A.(N.S.)   854. 

Liability  of  parent  for  causing  separation 
of  husband  and  wife.  9  L.R,A.(N.S.) 
322. 

Liability  for  performing  surgical  operation 
on  minor  witliout  parent's  consent.  7 
L.R.A.  (N.S.)  612;  41  L.R.A.  (N.S.) 
290. 

Right  of  parent,  guardian,  or  next  friend 
to  compromise  infant's  cause  of  action 
for  personal  injuries.  21  L.R.A, (N.S.) 
338;  L.R.A.1918C,  58. 

g   2.  Emancipation. 

Effect  of  marriage  of  infant  aa.  16  L.R.A. 
578;  24  L.R.A.(N.S.)    160. 

Eight  of  parent  to  recover  for  personal  in- 
jury to  emancipated  child.  L.R.A. 
1918B,  408. 

f   3.  Inheritance  by. 

Inheritance  by,  generally,  see  Descent  and 

DiSTRIBtmON. 

Inheritance  by,  through,  or  from  illegiti- 
mate, see  Descent  and  Distribution, 
§5. 

Father  aa  sole  next  of  kin  to  unmarried 
child  to  exclusion  of  mother.  1  B.  R. 
C.  566. 

Oonsult  also  L.R.A.  Digests  of  Cases. 


PARENT  AND  CHILD— cont'd 
§   4,  Homestead  rights. 

Right  of  child  in  homestead  of  parent,  see 
Homestead,  §§  19,  20. 

As  a  "family,"  under  homestead  and  ex- 
emption '  laws,  4  L.R.A.  (N.S.)  366; 
L.R.A.1917C,  361. 

Rights  of  surviving  mother  under  home- 
stead and  exemption  laws.  4  L.R.A. 
(N.S.)    396. 

§   5.  Gifts   between. 

•  Presumption  and  burden  of  proof  as  to  un- 
due influence  respecting  gifts  inter  vi- 
vos from  parent  to  child.  35  L.R.A. 
(N.S.)   944. 

May  promissory  note  from  parent  to  child 
be  subject  of  a  valid  gift  bv  former  to 
latter.     7  L.R.A. (N.S.)    156. 

Independent  advice  as  a  condition  of  a  valid 
gift  inter  vivos  between  parties  occu- 
pying confidential  relations.  16  L.R.A. 
(N.S.)   1087. 

§   6.  Contracts  between. 

Implied  contract  to  pay  for  services  of,  see 
Contracts,  §  4. 

Enforcement  in  equity  of  grantee's  oral 
promise  to  grantor  to  hold  in  trust  in 
case  of  conveyance  between  parent  and 
child.     39  L.R.A.(N.S.)   926. 

§   7.  Contracts  with  third  persons. 

Parent's  liability  for  necessaries  farnislicd 

child,  see  Infants,  §  18a, 
Ratification   by   parent,   see   Ratification, 

§  3, 

Parent's  assent  to  sale  of  expectancy  by 
prospective  heir,    33  L,R,A,  274. 

Contracts  procured  by  threats  of  prosecu- 
tion of  parent  or  child.  26  L.R.A.  56; 
20  L.R.A,(N.S,)  484;  37  L.R.A, (N.S.) 
539;  L.R.A.1915D,  1118, 

Parent  as  agent  of  child  in  contracting  for 
services  of  other  persons.  L.R.A. 1918F, 
32. 

8  8.  —child's  power  to  bind  parent  by. 

Parent's  liability  for  necessaries  furnished 
child,  see  Infants,  §  18a. 

Contracts  other  than  those  for  necessaries, 

39  L.R.A.(N.S,)   881. 
Child  as  agent  of  parent  in  contracting  for 

services  of  other  persons.    L,R.A.1918F, 

31. 

§   9.  Support. 

Support  and  protection  of  minor  children, 
see  Infants,  §§  11-13, 

Support  of  an  adult  child  as  an  "advance- 
ment,   22  L.R.A. (N.S.)  1165. 

Right  of  parent  to  sue  child  for  support.  4 
L.R.A.  (N.S.)    1159. 

Right  of  child  who  supports  parent  at  re- 
quest of  other  children  to  recover  there- 
for from  the  latter.  27  L.R.A.  (N,S,) 
683. 

§10.  Tort  of  child. 

Parent's  liability  for  torts  of  minor  child. 
10  L.R.A.  (N.S,)  933;  7  B,  R.  C.  30, 


1022 


INDEX  TO  L.R.A.  NOTES. 


PARENT  AND  CHILD— cont'd 

Liability  where  automobile  is  being  driven 

by    child.     41    L.R.A.  (N.S.)     775;    50 

L.R.A.(N.S.)     59;     L.R.A.1915F,    223; 

L.R.A. 1917F,  366;  L.R.A.1918F,  297. 
Responsibility   for   violation   of   quarantine 

by  children.     45   L.R.A. (N.S.)    5S0. 
Responsibility  of  parent  having  custody  or 

control  of  person  nientallv  incompetent 

for    latter's    torts.      50  ' L.R.A. (N.S.) 

1104. 

§   11.  Enticement  and  abduction. 

Liability    for    abduction    of    child,   see    Ab- 

DUCTIOX    AND    KIDNAPPING. 

Liability  for  inducing  minor  to  quit  parent, 
see'  Case,  §  6. 

What  amounts  to  enticing  of  minor  child 
from  parent's  custody.  48  L.R.A. 
<N.S.)   1001. 

§    12.  Matters  as  to  sclwols, 

i^xpulsion  of  pupil  for  misconduct  of  par- 
ent, see  Schools,  §  11. 

Right  of  parent  with  respect  to  text-books 
adopted  for  public  schools.  36  L.R.A. 
278. 

What  constitutes  residence  of  child  living 
with  parents  entitling  him  to  privilege 
of  public  schools.  36  L.R.A.  (N.S.) 
343;    51  L.R.A. (N.S.)    234. 

§    13.  Matters  as  to  carriers. 

Ejection  of  parent  for  nonpavment  of  child's 
fare.     38  L.R.A.  140:  L.R.A.1915E,  313. 

Sufficiencv  of  tender  of  fare  bv  parent  to 
prevent  ejection.     31  L.R.A'.(N.S.)   995. 

Recovery  by  parent  from  carrier  for  loss 
of  personal  effects  of  infant  who  pays 
no  fare.     1  L.R.A.(N.S.)    353. 

§§  14,  15.  Recovery  by  oi:e  for  death 
or  injury  of  other. 

Measure  of  damages  for,  see  Damages,  §§ 
57-67,  100,  101. 

Parent's  right  of  action  for  death  of  child, 
see  Death,  §  9. 

Parent's  right  to  recover  for  injury  to 
minor  servant,  see  Master  and  Serv- 
ant, §  51. 

Parent's  contributory  negligence  as  bar  to 
recovery  for  death  of.  or  injury  to, 
child,  s^ee  Negligence,  §§  47,  48. 

Imputing  parent's  negligence  to  child,  see 
Negligence,  §§  46-48. 

Right  of  parent  to  recover  for  injury  to 
minor  servant  employed  without  his 
consent.     30  L.R.A. (N.S.)    311. 

Abandonment  of  child  as  affecting  right  to 
recover  damages  for  the  neuligent  kill- 
ing of  the  father.     L.R.A.1916C,  806. 

Right  of  parent  to  recover  for  personal  in- 
jury to  emancipated  child.  L.R.A. 
iOl'SB,  408. 

§    1  fi.  Adoption. 

Conflict    of    laws    as    to.    Bee    Conflict    of 

Laws,  §  16. 
Effect  of  adoption   on  right  to  inherit,  see 

Df.sc::nt  and  Distributiox,  §  6. 


Bei/iii  irith  this  hooh-  on  every  law  question. 


PARENT  AND  CHILD— cont'd 

Effect  of  second  adoption  of  child.  L.R.A. 
1918A,  824. 

Domicil  of  adopted  children.  49  L.R.A. 
(N.S.J    863. 

Right  of  adopted  children  to  take  parents' 
homestead.     56  L.R.A.  54. 

Adopted  child  as  beneficiary  under  contract 
of  benefit  association.  L.R.A. 1916B, 
905. 

Sufficiency  of  relationship  by  adoption  to 
sustain  action  for  death.  16  L.R.A. 
(N.S.)   199. 

Adoptive  parent's  statutorv  right  of  action 
for  death  of  child.    L.R.A.1910E,  126. 

Right  of  foster  brothers  and  sisters  to  re- 
cover for  death  of  adopted  child. 
L.R.A.1916E,  132. 

Adoption  of  adult  under  statute  providing 
for  adoption  of  "child."  12  L.R.A. 
(N.S.)    884. 

Do  terms  "child,"  "children,"  "issue,"  etc., 
in  a  will  include  adopted  children.  27 
L.R.A.(N.S.)    1158;    L.R.A.1918B,    123. 

Specific  performance  of  contract  to  leave 
property  to  adopted  child  in  considera- 
tion of*^  his  living  with  promisor.  44 
L.R.A.(N.S.)    760. 

Enforceability  of  contract  to  give  child 
share  of  estate  in  consideration  of  sur- 
render of  child  to  promisor,  as  affected 
by  noncompliance  with  statute  pre- 
scribing mode  of  adoption.  8  L.R.A. 
(N.S.)    1130;    46  L.R.A.(N.S.)    1134. 

Right  of  parties  to  adoption  proceeding,  or 
their  privies,  to  attack  decree  of  adop- 
tion.    .30  L.R.A. (N.S.)    159. 

Presumption  and  burden  of  proof  as  to  un- 
due influence  respecting  gifts  inter 
vivos  to  adopted  child.  35  L.R.A. 
(N.S.)    949. 

§   17.  Liegal  .status  of  adopted  cliild. 

As  to  widow  of  adopting  father.     17  L.R.A. 

435. 
As  to  other  relatives  of  adopting  parents. 

17  L.R.A.  436. 
As  to  inheritance  from  adopted  child.     17 

L.R.A.  437. 
Rights  of  adopted  children  under  wills.     17 

L.R.A.     437;     27     L.R.A.  (N.S.)      11.58; 

L.R.A.1918B,  123. 
Rights  under  settlement.     17  L.R.A.  438. 
Rights  under  insurance  policy.     17   L.R.A. 

438:    L.R.A.1916B,   905. 
Extraterritorial     effect     of    .adoption.      17 

L.R.A.  439. 
Right    of    adopting    parent    to    disinherit 

adopted  child.     L.R.A.1916D,  424. 
Adopted    childien    as    "dependents"    within 

meaning    of    Workmen's    Compensation 

Statutes.     L.R.A.1918F,  484. 

§18.  — consent  of  parents.  ^ 

Validity    of    adoption    without    consent    of 

natural  parents.     30  L.R.A. (N.S.) 

146. 

Constitutionality     of     statute     permitting 

adoption   of   child   without   consent   of 

parents.     18  L.R.A.(N.S.)   926. 


INDEX  TO  L.R.A.  KOTES. 


1023 


PARENT  AND  CHILD— cont'd 

§  19.  Criminal  responsibility  as  affect- 
ed by  the  relation ;  punishment  of 
child. 

As  to  criminal  responsibil)iy  of  children, 
eonpiaily.  see  Ckimixal  Law,  §  7. 

Criminal  liability  of  parent  for  lack  of  sup- 
port and  medical  attendance  for  infant 
cliild,  see  Ixfants,  §  13. 

Command  of  parent  as  excuse  for  infant's 
criminal  act.     30  L.K.A.  210. 

§  20.  —liability  for  punishment  of 
child. 

Homicide  bv  excessive  or  improper  chastise- 
ment of  child.     GO  L.R.A.  801. 

Liability  of  parent  or  custodian  for  assault 
by  punishment  of  child.  21  L.R.A. 
(N.S.)   216. 


PARISH. 

Rights  of.  in  pews.     22  L.R.A.  212. 

Reputed  father's  right  to  custody  or  con- 
trol of  illegitimate  child  as  against. 
65  L.R.A.  093. 


PARISH    HOUSE. 


Exemption    of,    from    taxation.     27  L.R.A. 
(N.S.)  910;  39  L.R.A.  (N.S.)  437. 


^♦» 


PARK  COMMISSIONERS. 

Authority  of,  see  Parks  and  Squares,  §  5. 
^_^» ♦ 

PARKING  AUTOMOBILES. 

Validity  and  effect  of  regulation  as  to  park- 
ing or  leaving  automobiles  standing  in 
street.    L.R.A.1917F,  352. 


PARKING    CARS. 


Within   c:tv   limits.     29   L.R.A. (N.S.)    643. 


PARKS  AND  SQUARES— cont'd 

Injunction  against  obstruction  of,  by  fences 
or  gates.     7  L.R.A. (N.S.)   85. 

Taking  of  property  for,  as  a  public  purpose. 
22  L.R.A. (N.S.)    no. 

Power  to  improve  streets  for  park  pur- 
poses at  expense  of  abutting  owner. 
32   L.R.A. (N.S.)    1056. 

§  2.  Use  of. 

Prohibiting  use  of  automobiles  in.  1  L.R.A. 
(N.S.)   221;  L.R.A.1915E,  264. 

Forbidding  or  restrictinij  teaming  on  park- 
ways.    51  L.R.A.  (NTs.)    1203. 

Power  of  legislature  to  control  use  to  which 
property  taken  for  the  purpose  of  a 
park  or  square  may  be  put.  27  L.R.A. 
(N.S.)   9.38. 

§3.  —  change  in. 

What  use  of  amounts  to  diversion  from  the 
use  for  wiiieh  they  were  dedicated. 
25  L.R.A.  (N.S.)  980;  50  L.R.A.  (N.S.) 
465. 

g   4.  Municipal   liability  for  defects  in. 

See  Municipal  Corporations,  §  97. 

§   5.  Authority  of  commissioners. 

Power  of  park  commissioners  to  employ  at- 
torney.    L.R.A.  191 7  U,  247. 


P.^RKS  AND  SQUARES. 

8    1.  Generally. 

Amusement  parks,  see  Amu^emfxt  Parks. 
Constitutionality    of    statutes    as    to,    see 

COXSTITU'IIOXAL  LaW,   §   l.Tl. 

Interference   with    view    bv    obstruction    in 

park.    L.R.A.1017C,  li37. 
Appropriations  for.     14  L.R.A.  474. 
Character    of    occupancv    of    keeper   of.     4 

L.R.A. (N.S.)    713,  '719. 
Ejectment  for  easement  of  public  in  park. 

11  L.R.A.  (N.S.)   129. 
Consult  also  L.B.A.  Difjests  of  Canes. 


PARK   STRIPS. 


Liability  for  injurv  by  defect  or  obstruc- 
tion in.  20  ■'L.R.A.(N.S.)  593;  40 
L.R.A.(N.S.)   94;  L.R.A.1918D,  814. 


PARLIAMENT. 


Power  of  English  Parliament  to  punish  for 
contempt.     L.R.A.1917F,  289. 


PARLIAMENTARY   LAW. 

§    1.  Generally. 

Effect  of  personal  interest  on  validity  of 
vote.     18  L.R.A.  367. 

g   2.  Casting  vote. 

Casting  vote  by  presiding  officer  in  deciding 
tie  on  election.     47   L.R.A.  561. 

§   3.  Quorum. 

What  constitutes  a  quorum  for  a  meeting 
of  stockholders.     21  L.R.A.  174. 

Withdrawal  of  stockholders  from  meeting  to 
break  quorum.    .36  L.R.A. (N.S.)  45. 

Conclusiveness  of  enrolled  bill  on  question 
of.    23  L.R.A.  342. 


PARLOR  CARS. 


Right  of  carrier  to  run  trains  composed  ex- 
clusively of.     36  L.R.A. (N.S.)    1139. 


1024 


INDEX  TO  L  R.A.  NOTES. 


PAROL   CONTBACTS. 

Generally,  see  Contracts,  §§  25-59. 
Of  insurance,  see  Insurance,  §§  36,  43. 
Specific  performance  of,  see  Specific  Per- 
formance, §§  11-13. 


PAROLE. 

See  Criminal  Law,  §  86. 


PAROL  EVIDENCE. 

See  Evidence,  "VII. 

«-»^^ . 


PAROL  GIFT. 


♦  •» 


PAROL   LEASE. 
See  Contracts,  §  42. 

♦-•-♦ 

PAROL  LICENSE. 

See  License,  I. 

-*~*"¥' • 

PAROL  PARTITION. 

Of  homestead.     4  L.R.A.(N.S.)    792. 
♦-•-♦ 

PAROL    TRUSTS. 

See  Trusts,  §  11. 


As  a  conveyance.     67  L.R.A.  461. 
Adverse    possession    by    donee    under.      35 
L.R.A.  835. 


PAROL    WARRANTY. 

On  sale  of  chattel,  see  Sale,  §§  27,  55. 
♦-•-♦ 

PARSONAGE. 

8ee  Pabish  House. 


PARTIAL  DELIVERY. 

Sufficiency  of  partial  delivery  of  freight  to 
carrier  to  render  it  liable.  32  L.R.A. 
(N.S.)   316. 


PARTIAL  ANSWERS, 

Admissibility  as  dying  declarations  of  par- 
tial answers  to  questions.  2  B.  R.  C. 
922. 

'Begin  ivith  this  hoolc  on  every  law  question. 


PARTIAL    INTESTACY. 

See   Wills,   §   76. 


PARTIAL    INVALIDITY. 

Of   chattel   mortgage,    see    Chattel  Mobt- 

gage,  §  5. 
Of  statute,  see  Statutes,  §  10. 


PARTIAL   PAYMENT. 

Accord  and  satisfaction  by,  see  Accord  and 

Satisfaction,  §  3. 
Interruption  of   running  of  limitations  by, 

see  Limitation  of  Actions,  §§  65-67. 

By  indorser  after  dishonor,  effect.  29  L.R.A. 
313. 

Effect  of,  to  revive  debt  after  discharge  in 
bankruptcy.     26   L.R.A. (N.P.)    274. 

Effect  on  governor's  liability  of  obligee's  in- 
sistence on  part  payment  before  ex- 
piration of  term  of  credit.  22  L.R.A. 
(N.S.)    713. 

Unauthorized  compromise  of  action  by  at- 
torney  as.     31   L.R.A. (N.S.)    .528. 

Partial  payment  of  undisputed  debt  as  a 
consideration  for  discharge  of  entire 
debt.  11  L.R.A. (N.S.)  1018;  21  L.R.A. 
(N.-S.)    1005;  L.R.A.1917A,  719. 

Partial  payment  or  agreement  tlicrefor  as 
consideration  for  agreement  extending 
time  of  pavmcnt  of  obligation.  52 
L.R.A.  (N.S. f  .306. 

Indorsement  of,  on  note  as  material  altera- 
tion. 46  L.R.A.(N.S.)  1043,  L.R.A. 
1916F,  215. 

Right  of  town,  county,  or  municipality  to 
surrender  valid  claim  on  partial  pav- 
ment  thereof.     19  L.R.A. (N.S.)  320.  " 


PARTIAL   PROBATE. 

Contents  of  will  as  affecting  right  to. 
L.R.A.(N.S.)  971. 


34 


PARTICIPATION. 


Of  purchaser  in  fraudulent  conveyance,  see 
Fraudulent  Convetanceh.  §§  13-15. 

In  nuisance,  see  Nuisances,  §  12. 

In  profits  as  test  of  creation  of  partT^er- 
ship,  see  Partnership,  §  7. 


INDEX  TO  L.R.A.  NOTES. 


1025 


PARTICIPATION— cont'd 

EflFect  of  participating  in  purchase  and  di- 
vision of  quantity  of  liquor  to  render 
one  guiltv  of  unlawful  sale.  22  L.R.A. 
(N.S.)    560. 

Assumption  of  debts  on  dissolution  of  part- 
nership by  participation  in  benefits.  9 
L.R.A.(N.S.)   59. 

Participation  in  nuisance  to  render  one  re- 
sponsible tlierefor.  32  L.R.A.  (N.S.) 
889. 

By  indemnity  insurer  in  defense  of  suit 
against  insured  as  estoppel  to  assert 
that  lattcr's  liability  was  predicated 
on  ground  not  covered  by  policy.  34 
L.R.A.{N.S.)   491. 


PARTICULAR  FUND. 

Negotiability   of   note   payable   out  of.     35 
L.R.A.  647. 


PARTIES. 


I.  In  ffcncvaJ,  §  1. 
II.  Plaint i If,   §§  2-25. 

a.  In  (jvnrval,  §§  2-10. 

b.  On  contracts,  §§  11-17. 

1.  In  general,  §11. 

2.  Third  persons,  §§  12-17. 

c.  Effect  of  assignment,  §  IS. 

d.  On  matters  of  public  right, 

§§  19,  20. 

e.  In     representative    capacity, 

§§  21,  22. 

f.  Action  in  interest  or  in  name 

of  another;    control  of,   §§ 
23,  24:. 

g.  Joinder,  §  25. 

III.  Defendant,    §§    26-36. 

a.  In  general,  §  26. 

b.  Necessarif  jjorties,  §§  27-32. 

c.  Effect  of  failure  to  make  one 

a  party,  §§  33-35. 
il.  Joinder,  §  36. 

IV.  Bringing  in;  intervention,   §§  37- 

39. 
F.  Substitution,  §  4:0. 

I.  In  general. 

§   1.  Generally, 

On  appeal,  see  Appeal  and  Ebboh,  §§  7,  7a, 

12. 
To  criminal  offense,  see  Cbiminal  Law,  §§ 

24-29. 
To  deed,  see  Deeds,  §§  15-19. 
Description  of,  see  Descbiption,  §  2. 
Dismissal  of,  see  Dismissal  and  jJiscon- 

TINUANCE,    §    3. 

As  to  political  parties,  see  Elections. 

Interpleader  of,  see   Intebpleadeb. 

Parties  concluded  by  judgment,  see  Judg- 
ment, §§  41-50. 

In  mandamus  proceeding,  see  Mandamus,  § 
18. 

To  action  to  enforce  mechanics'  lien,  see 
Mechanics'  Liens,  §  24. 

Consult  also  L.R.A.  Digests  of  Cases.    65 


PARTIES,  I.— cont'd 

Privilege    of,    from    arrest    or    service    of 

process,  see  Writ  and  Peocess,  §§  33, 

34.    ■ 

Effect  of  changes  in,  on  running  of  limita- 
tions.    .47    L.R.A.  (N.S.)    932. 

Right  to  open  default  judgment  on  ground 
of  fraud  or  mistake  in  respect  to  par- 
ties.    L.R.A.1916F,  851. 

Injunction  against  judgment  for  erroneous 
decision  as  to.     30  L.R.A.  706. 

Continuance  because  of  illness  of.  42  L.R.A, 
(N.S.)   660. 

Sickness  of  party  as  ground  for  injunction 
against  judgment,     30  L.R.A.  794. 

Conclusiveness  of  prior  decisions  on  appeal 
as  to.     34  L.R.A,  332. 

Right  to  resist  judgment  in  sister  state  on 
ground  of  fraud  in  respect  to  parties. 
32  L.R.A. (N.S.)    920. 

Witness's  right  to  testify  to  character  of, 
from  personal  knowledge.  22  L.R.A. 
(N.S.)   661. 

Treating  of  jurors  by,  as  ground  for  new 
trial  or  reversal.  19  L.R.A,(N.S,)  733; 
49  L.R.A.  (N.S.)   889, 

Effect  of  changes  in,  on  running  of  limita- 
tions,    3  L.R.A. (N.S.)    304. 

May  partnership  sue  or  be  sued  in  the  firm 
name.     29  L.R.A,(N,S.)   282. 

//.  Plaintiff. 

a.  In  general. 

§   2.  Generally. 

Who  may  take  appeal,  see  Appeal  and 
Error,  §§  7,  7a, 

Action  by  assignee  for  creditors,  see  As- 
signment FOR  Creditors,  §  12. 

Right  of  broker  to  maintain  action,  see 
Brokers,  §  3. 

Who  may  maintain  action  against  carrier 
for  loss  or  injury  to  freight,  see  Cab- 
riers,  §  102. 

Who  may  bring  certiorari  proceeding,  see 
Certiobari,  §  4, 

Who  may  sue  to  remove  cloud  on  title,  see 
Cloud  on  Title,  §  5. 

Action  by  stockholders,  see  Cobpobations, 
§  98. 

Who  may  enforce  liability  of  stockholders, 
see  Corporation,  §§  116,  116a, 

Actions  by  foreign  corporations,  see  Cob- 
pobations, §  149. 

Right  of  nonresident  to  sue  foreign  cor- 
poration, see  Corporations,  §  151, 

Who  may  maintain  action  for  death,  see 
Death,  §§  7-10, 

In  ejectment,  see  Ejectment,  §§  4,  5. 

Action  by  executor  or  administrator,  see 
Executors  and  Administbatobs,  V, 

Who  may  maintain  action  for  forcible  en- 
try and  detainer,  see  Fobcible  Entry 
and  Detainee,  §  3, 

By  husband  or  wife,  see  Husband  and 
Wife,  §§  62-69, 

Who  may  maintain  injunction  suit,  see  In- 
junction. 


J  026 


INDEX  TO  L.E.A.  NOTES. 


PARTIES,  II.  a— cont'd 

Proper  party  to  maintain  action  affecting 
rights  of  landlord  or  tenant,  see  Land- 
lord AND  Tenant,  §§  74-76.. 

Who  may  bring  action  for  malicious  prose- 
cution, see  Malicious  Prosecution, 
§  2. 

Who  may  maintain  suit  to  abate  nuisance, 
see  Nuisances,  §  22. 

Who  may  maintain  action  for  nuisance,  see 
Nuisances,  §§  24,  25. 

Whx)  may  maintain  action  for  partition,  see 
Partition,  §  5. 

Who  may  maintain  private  action,  see  Pri- 
vate Action. 

Who  may  maintain  quo  warranto  proceed- 
ings, see  Quo  Warranto,  §  5. 

Who  maj^  sue  for  seduction,  see  Seduction, 
§§  3,  4. 

Who  may  maintain  trespass,  see  Trespass, 
§  5. 

Who  may  maintain  trover,  see  Trover  and 
Conversion,  §  4. 

Alien  enemies  as  litigants.  5  B.  R.  €.  583; 
L.R.A.1918B,  189;   L.R.A.1918E,  809. 

Insane  person.     2  L.R.A.(N.S.)    961. 

Action  to  set  aside  Judgiiient  against  other 
'      parties.    54  L.R.A.  758. 

Action  to  recover  back  usurious  interest 
paid  to  national  banlc.     56  L.R.A.  693. 

Action  under  Federal  employers'  liability 
act.    L.R.A.1915C,  76. 

Right  of  one  not  specifically  named  to  main- 
tain action  for  libel  or  slander  based 
on  charges  made  against  a  class  or 
group  of  persons  to  which  he  belongs. 
23  L.R.A.  (N.S.)  726;  25  L.R.A.  {N,S.) 
382.      ,.  .  ' 

"Who  may  sue  for  improper  use  of  union 
label.    39  L.R.A. (N.S.)   1197. 

Who  may  complain  of  noncompliance  with 
statute  in  adopting  or  changing  text- 
books in  schools.    19  L.R.A.  (N.S.)  1003. 

Who  may  institute  proceedings  to  disbar 
or  suspend  attorney  for  withholding 
client's  money  or  property.  19  L.R.A. 
(N.S.)    419.  ' 

Who  entitled  to  remedy  by  action  for  dam- 
ages for  wrongful  discharge  of  servant. 
-  6  L.R.A.(N.S.)    57. 

Who  may  maintain  action  for  mutilation 
of   corpse.      L.R.A.1915B,   .519. 

Who  may  maintain  action  for  property  de- 
stroyed, bv  mob.     44  L.R.A. (N.S.)    359. 

Who  may  enforce  liability  of  corporate  di- 
rectors under  statutes  purporting  to 
make  them  liable  for  contracting  debts 
in  excess  of  a  fixed  limit.  L.R.A.1915D, 
1046. 

Necessity'  of  making  corporation  a  party 
to  a  suit  bv  a  stockholder  in  its  behalf. 
51   L.R.A.  (N.S.)    123. 

Riglit  of  creditors  of  a  corporation  to  sUe 
in  their  own  right  the  directors  there- 
of, for  negligence  or  other  breach  of 
duty  owed  primarily  to  the  corpora- 
tion.    45  L.R.A.  (N.S.)    421. 

Right  of  bailee  to  recover  for  damage  to.  or 
conversion  of,  property.     3  B.  R.  C.  388. 

In  whose  name  actions  by  and  against  depii- 

i    ties  ,  should    be    brought.      42    L.R.A. 

(N.S.)   887.  '       ■ 

Begin  with  this  book  on  every  law' question . 


\  PAETIFS,  II.  a— cont'd 
!  Right   of   one   not   a   party   to   original   re- 
plevin action  to  recover  property  seized 
under  process  in  that  action.     5  L.R.A. 
(N.S.)   495. 
Right    of    conditional    vendee    of    personal 
property  to  maintain  action  for  damage 
to   or   conversion   of   property.      L.R.A. 
1917D,  217. 
Right  of  stranger  to  writ  of  habeas  corpus. 

9  L.R.A. (N.S.)    1173. 
Who  is  entitled  to  invoke  certiorari  to  re- 
vieAV    a   decree    or    order    affecting   the 
sale  of  intoxicating  liquor,     19  L.R.A.. 
(N.S.)   610. 

§   3.  Real  party  in  interest. 

Who  is  real  party  in  interest  within  mean- 
ing of  statutes  defining  parties  by 
whom  action  must  be  brought.  64 
L.R.A.  581. 
Holder  of  unindorsed  note.  17  L.R.A, 
(N.S.)    1113. 

Agent    as    trustee    of    express   trust    within 
exception  in  statute  requiring  suits  tO' 
be    brought    in    the    name    of    the    real 
party    in    interest.      41    L.R.A.  (N.S.) 
641. 

Right  of  public  officials  to  maintain  actioi> 
to  abate  or  enjoin  bawdyhouse.  L.R.A. 
1918D,  821. 

Who  are  persons  interested  entitled  to  con- 
test will.     L.R.A.1918A,  447. 

May  one  who  destroys  insured  property  de- 
feat an  action  by  the  owner  upon  tlie 
ground  that  the  right  of  action  is  in  tlie 
insurer.  23  L.R.A.  (N.S.)  870;  L.R.A. 
1918F,  145. 

§  4.  Matters  affecting  real  property  or 
highway. 

Action  to  enforce  liability  for  removal  of 
lateral  or  subjacent  support.  68  L.R.A. 
694. 

SufRcienc.y  of  equitable  title  to  sustain 
action  for  injury  to  real  property.  SO' 
L.R.A.(N.S.)    231. 

Lessee's  right  to  maintain  suit  to  enjoin 
nuisance.     3  L.R.A.(N.S.)    448. 

Right  of  one  in  possession  to  maintain  ac- 
tion for  nuisance  without  proving  title. 
34    L.R.A. (N.S.)    560. 

Who  is  real  party  in  interest  in  action  for 
possession  of  land  within  meaning  of 
statute  defining  parties  by  whom 
actions  must  be  brought.  64  L.R.A. 
620. 

Right  of  widow,  prior  to  assignment  of 
dower,  to  maintain  trespass  qudre 
clausum.     13  L.R.A. (N.S.)   209. 

Who  may  sue  township  for  injury  bv  defects 
in   highway,     13   L.R.A. (N.S.)"' 1241. 

Interference  witli  one's  use  of  higiiway  as 
a  special  damage  which  will  sustain  an 
action  by  him  against  the  wrongdoei-. 
28  L.R.A.(N.S.)  1053:  L.R.A.1015D, 
142. 

State  as  proper  party  to  maintain  bill  to 
abate  or  enjoin  public  nuisance  in' d 
city  street.     19. L.R.A. (N.S.)   1173. 

Riglit  of  tenant  for  years  to  recover  froto 
a  munieipalitv  for  clian-io  of  grade  i^ 
street.     48  L.R.A.  (X.S.)' 899.  ''  ' 


INDEX  TO  L.R.A.  NOTES. 


1027 


PARTIES,  TI.  a — cont'd 

Who  may  maintain  action  in  case  of  dam- 
ages to  remainder  or  reversion  by 
stranger.    L.R.A.1916A,  792. 

§  5.  Matters  as  to  waters  or  drainage; 
assessments. 

Who  may  sue  for  damming  back  water  of 

stream.     59   L.R.A.  898. 
For  injury  by  surface  water.    65  L.R.A.  283. 
Action   against  municipality   for  breach   of 

duty    with    respect    to    drainage.      61 

L.R.A.  711. 
Who  jnay  contest  assessment  for  drains  and 

sewers.     60  L.R.A.  24]. 

§   6.  Matters  as  to  vyills. 

Right  of  devisee  or  legatee  to  attack  con- 
veyance or  transfer  by  testator.  30 
L.R.A.(N.S.)    194. 

Parties  entitled  to  assert  forfeiture  of 
interest  in  will  under  provision  for 
forfeiture  of  contesting  beneficiary. 
68  L.R.A.  455. 

§    7.  Matters  as  to  insurance. 
Proper  party  to  bring  action  on  policy,  see 
Insurance,  §§  205,  217. 

May  one  who  destroys  insured  property  de- 
feat an  action  by  tlie  owner  on"  the 
ground  that  the  right  of  action  is  in 
the  insurer.  23  L.R.A.  (N.S.)  870; 
L.R.A.1918F,  145. 

Should  action  against  third  person  who 
caused  the  loss  be  brought  by  insurer 
or  insured,  where  insurer  has  paid  loss 
and  been  subrogated  to  rights  of  in- 
sured.    2   L.R.A.(N.S.)    922. 

§   8.  State. 

See  State,  §  8. 

§   9.  Officers. 

Right  of  former  sheriff  to  maintain  action 
in  respect  of  a  sale  made  bv  him  while 
in  office.     29  L.R.A. (N.S.)  >92. 

§    10,  Agent. 

Right  to  sue  on  contract,  see  infra,  §  17. 

Right  of  agent  who  was  in  possession  of 
personal  property  to  maintain  an 
action  for  conversion.  26  L.R.A.  (N.S.) 
840. 

Which  is  real  party  in  interest  by  whom 
action  must  be  brought.  64  L.R.A. 
612. 

Right  of  agent  to  whom  goods  are  consigned 
to  maintain  action  against  carrier.  26 
L.R.A.(N.S.)437;    36   L.R.A.(N.S:)    72, 

ft.  On  contracts, 

1.  In  general. 

S    11.  Generally. 

\V1)0  mav  sue  on  bill  or  note,  «ee  BitLS  and 
Notes,  §§  62-64. 

Who  mav  maintain  action  on  covenant,  see 
Covexants,   §§    19,   23,   33. 

Who  may  sue  on  insurance  policv,  see  In- 
surance,   §§   205,   217. 

Consult  also  L.R.A.  Digests  of  Cases. 


PARTIES,  II.  b,  1— cont'd 

Who  may  enforce  mortgage,  see  Mortgage, 
§§   66-68. 

Who  may  maintain  action  for  delay  or  non- 
delivery of  telegram,  see  Telegraphs, 
§§  17,  18. 

Who  may  maintain  action  against  carrier 
for  nondelivery  of  goods  delivered  for 
transportation  to  purchaser  or  con- 
signee.    22  L.R.A.  427. 

Who  entitled  to  relief  where  municipal  cor- 
poration grants  or  leases  space  on 
street  or  sidewalk  for  business  purpos- 
es.    25  L.R.A.  (N.S.)   404. 

Holder  on  unindorsed  note  as  i-eal  party  in 
interest  within  meaning  of  statute  by 
whom  the  action  must  be  brought.  17 
L.R.A.  (N.S.)    1113. 

In  whose  name"  bond  of  public  oQicer  in- 
tended as  a  statutory  bond  but  not 
binding  as  such,  riiav  V)e  enforced.  21 
L.r:a.(N.S.)   771, 

Who  may  enforce  restrictive  covenant  or 
agreement  as  to  uSlC  of  property,  37 
L.R.A. (N.S.)    12;   L.R.A.1917A,  328. 

Right  of  party  to  anteiuiptial  settlement 
who  is  in  default  to  enforce  covenants 
to  be  performed  by  other  partv.  26 
L.R.A.(N.S.)    858. 

Who  may  bring  suit  to  enforce  subscrip- 
tion, for  charity.-  48  L.R.A. (N.S.)   802. 

Right  of  transferrer  of  reversion  of  leased 
premises  to  maintain  action  on  Ifease. 
L.R.A.1915C,  228. 


0.  Third  persons. 

I 
§    12.  Generally. 

Assignee,  see  infra,  §  18. 

Employee's  Tight  to  sue  dn  employer's  in- 
demnity policy,  see  Insurance,  §  217. 
[Mortgagee's    right    to    enforce    purchaser's 
promise    to    pay    mortgage,    see    ^Iort- 
GAGE,    §   43. 

Riglt  to  sue  for  delay  or  nondelivery  of 
telegram,  see  Telegraphs,  §§  17,  18. 

Right  of  a  third  party  to  sue  upon  a  con- 
tract made  for  his  benefit.  25 
L.R.A.  257;  2  L.R.A.  (N.S.)   783. 

Effect  of  provision  in  deed  for  benefit  of 
stranger  the<-eto.    20  L.R.A. (N.S.)  221. 

Right  of  creditor  to  enforce  promise  of  one 
allowed  to  secure  property  at  judicial 
sale  on  faith  of  his  promise  to  pay 
owner's    debts.      15    L.R.A.  (N.S.)     399, 

Right  of  third  person  to  maintain  action 
upon  promise  of  beneficiary  to  insured 
to  pay  all  or  part  of  proceeds  of  policy 
to  such  third  person.  22  L.R.A. (N.S.) 
639. 

May  one,  not  a  party  to  an  agreement,  in- 
jured thereby  in  his  business,  assail 
the  validity  thereof  on  the  ground  that 
it  tends  to  create  or  promote  a  monop- 
oly.   26  L.R.A. (N.^.)   148. 

Who  may. bring  suit  to  enforce  subscription 
for  charity!     48  L.R.A.  (N.S.)   802. 

Who  can  enforce  contract  made  in  consid- 
eration of  naming  child.  51  L.R.A. 
(N.S.)    1108, 


1028 


INDEX  TO  L.R.A.  NOTES. 


PARTIES,  II.  b,  2— cont'd 

Right  of  purchaser  of  chattel  to  avail  him- 
self of  breach  of  warrantv  made  to  the 
seller.     51  L.R.A.  (X.S.)  'llll. 

Right  of  transferee  of  reversion  to  sue  on 
lease.     L.R.A.1915C,  210. 

Right  of  true  owner  of  land  to  maintain 
action  on  contract  between  adverse 
claimant  and  third  person.  L.R.A. 
1916E,  720. 

Right  of  holder  of  check  to  maintain  ac- 
tion thereon  against  bank.  L.R.A. 
19160,  1G5. 

Right  of  employer  of  salesman   to   recover 
for   loss   of   or   injury  to   sample   raer-  j 
chandise  carried   by   salesman   as   bag-  ' 
gage.    L.R.A.1918C^  114-  I 

§  13.  Riglit  of  citizen  to  enforce  con- 
txact  made  for  benefit  of  public. 

Actions  on  contracts.  49  L.R.A.  (N.S.) 
1167. 

Bonds  taken  by  state  or  city  officials.  49 
L.R.A.'{N.S.(   1175.  " 

Bonds  not  provided  for  by  statute.  49 
L.R.A.(N.S.)  1183. 

Subcontractors.     49   L.R.A. (N.S.)    1185. 

Bonds  under  Federal  statutes.  49  L.R.A. 
(N.S.)  1188. 

Consumer's  right  to  compel  public  service 
corporation  to  respect  rates  stipulated 
in  contract  with  municipality.  L.R.A. 
1915D,  917. 

Right  of  property  owner  to  maintain  action 
against  water  company  for  failure  to 
supply  sufficient  water  for  fire  pur- 
poses, as  required  by  its  contract  with 
municipality.  6  L.R.A. (N.S.)  1171;  21 
L.R.A.(N.S!)    1021. 

Will  breach  of  contract  with  municipality 
to  keep  a  street  or  highway  in  repair 
sustain  an  action  by  a  person  injured 
directly  against  the  contractor.  39 
L.R.A.'(N.S.)    1112. 

§  14.  Subcontractor,  materialman,  or 
laborer. 

Right  to  sue  on  bond  taken  for  benefit  of 
public.     49   L.R.A.(N.S.)    1175. 

Right  of  subcontractor,  materialman,  or 
laborer,  to  maintain  action  on  con- 
tractor's bond  to  owner.  27  L.R.A. 
(N.S.)   573;  L.R.A.1915A,  768. 

§   15.  Consignee,  etc. 

Right  of  consignee  to  maintain  action 
against  carrier.     36  L.R.A. (N.S.)  68. 

Right  of  consignee  who  refuses  to  accept 
goods  to  maintain  an  action  for  dam- 
ages against  carrier.  30  L.R.A.(N.S.) 
1071. 

Right  of  one  wjio  is  to  be  notified  of  arrival 
of  goods  consigned  to  another,  to  main- 
tain action  against  carrier.  39  L.R.A. 
(N.S.)   309. 

Right  of  agent  to  whom  goods  are  consigned 
for  sale  to  maintain  action  against 
common  carrier  for  damage  to,  or  loss 
of,  goods  during  transit.  26  L.R.A, 
(N.S.)    437. 

Begin  \Hth  this  booTc  on  every  law  question. 


PARTIES,  II.  b,  2— cont'd 
§    16.  Principal. 

Character  of  contract  as  afl'ecting  right  of 
undisclosed  principal  to  sue  thereon. 
29  L.R.A.(N.S.)  472;  39  L.R.A.(N.S.) 
324. 

§    17.  Agent. 

Agent's  right  of  action  on  contract  in  his 
own  name  for  principal.  1  L.R.A. 
(N.S.)   303. 

Right  of  agent  to  recover  money  erroneous- 
ly paid  to  third  person.  4  L.R.A. 
('N.S.)   363. 

Right  of  agent,  factor,  broker,  or  commis- 
sion mercliant,  to  whom  goods  are  con- 
signed for  sale,  to  maintain  action 
against  a  common  carrier  for  damage 
to,  or  loss  of,  goods  during  transit. 
26  L.R.A.(N.S.)  437;  36  L.R.A. (N.S.) 
72. 

c.  Effect  of  assig7iment. 

§    18.  Generally. 

What  law  governs  right  of  assignee  of  bill 
or  note  to  maintain  action.  61  L.R.A. 
222. 

Who  is  real  party  in  interest  by  whom 
action  on  partial  assignments  must  be 
brought.     64  L.R.A.  603. 

Assignee  of  account  for  work  and  labor  or 
goods  sold,  as  real  party  by  whom 
action  must  be  brouglit.    64  L.R.A.  597. 

Right  of  assignee  of  claim  from  one  spouse 
to  maintain  action  against  the  other. 
31  L.R.A.  (N.S.)   1148. 

Effect  of  assignment  of  claim  ex  delicto  to 
one  against  whom  it  was  asserted,  to 
enable  him  to  maintain  an  action  there- 
on against  a  third  party.  7  LJR.A. 
(N.S.)   534. 

Right  of  indorser  of  lost  bill,  check,  or 
note  to  maintain  action  thereon.  24 
L.R.A.(N.S.)    645. 

Right  of  assignee  to  sue  on  covenant  in 
lease  the  purpose  of  which  is  to  assure 
lessfo  an  exclusive  riglit  to  conduct  a 
certain  business  on  premises  owned  by 
lessor.      L.R.A.1915C,   860. 

d.  On  matters  of  public  right. 

§    19.  Generally. 

Right  of  citizen  to  enforce  contract  made 
for  benefit  of   public,   see  supra,   §   13. 

Right  of  attorney  general  to  bring  action, 
see  Attobney  Ge>eral. 

Right  of  citizen  to  maintain  proceedings  in 
aid  of  enforcement  of  liquor  laws.  14 
L.R.A.(N.S.)    1156. 

Who  may  enjoin  operation  of  jitney  buses. 
LJI.A.1916B,  1160. 

Right  of  public  service  corporation  to  chal- 
lenge powers  or  privileges  of  rival. 
L.R.A.1916B,  1087. 

Who  may  maintain  action  in  regard  to  ini- 
tiative or  referendum  questions.  60 
L.R.A. (N.S.)  214;  L.R.A.1917B,  30. 


IKDEX  TO  L.R.A.  NOTES. 


1029 


PARTIES,  II.  d— cont'd 
§   20.  Taxpayer. 

As  real  party  in  interest  by  whom  action 
must  be  brought.     64  L.R.A.  619. 

Right  to  maintain  proceedings  in  aid  of  the 
enforcement  of  the  liquor  la^vs.  14 
L.R.A.(N.S.)   1156. 

Right  of  taxpayer  to  enjoin  waste  or  un- 
lawful expenditure  of  state  funds. 
L.R.A.1915D,  178. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  unlawful  expenditures  by  mu- 
nicipality.    36  L.R.A.  (N.S.)   1. 

Right  of  taxpayer  to  maintain  suit  to  en- 
force a  claim  of  municipal  corporation. 
14  L.R.A.(N.S.)    298. 

Right  of  taxpayer  to  enjoin  removal  of 
teacher.     51  L.R.A.  (K.S.)  336. 


e.  In  representative   capacity. 

§   21.  Generally. 

Action  by  stockholders,  see  Corporations, 
§  98. 

Suit  by  personal  representative,  see  Execu- 
tors AND  Administrators,  §  57. 

Who  is  real  partv  in  interest  in  action  for 

use  of  anotlier.     64  L.R.A.  623. 
Right  of  next  of  kin  to  maintain  action  in 

interest    of    estate,      22    L.R.A.(N.S.) 

454. 
Right  of  trustee  in  bankruptcy,  or  assignee 

for    creditors,    to    maintain    partition. 

20  L.R.A. (N.S.)   105. 
Right  of  trustee  to  redress  fraud  practised 

on  the  beneficiary  of  the  trust.    L.R.A 
.1915E,  45L 
Necessity  of  consistency  in  complaint  as  to 

representative  or  individual  capacity  of 

party.     1  L.R.A.  (N.S.)    161. 

§   22.  One  in  behalf  of  many. 

Effect    of    creditors'    bill    for    all    similarly 

situated.     17   L.R.A.   348. 
Plaintift's   control   of   suit   brougut   for   all 

similarly  situated.     46  L.R.A.  839. 


/.  Action  in  interest  or  in  name  of  an- 
other; control  of. 

§   23.  Generally. 

Name  in  which  suit  carried  on.     14  L.R.A. 

G93. 
Action  for  divorce  on  behalf  of  insane  per- 
son.    34  L.R.A.  166. 
In  whose  name  action  should  be  brought  by 

or  against  deputy.     19  L.R.A.  181. 
Liability    involved    in    the    exercise    of   the 
right  to  control  or  carry  on  litiga- 
tion in  the  name  of  another  party. 
62  L.R.A.  617. 

8  24.  By  guardian  ad  litem  or  next 
friend. 

Right  of  insane  person  to  institute  proceed- 
ings by  next  friend.     64  L.R.A.  513. 

Control  of  guardian  ad  litem  or  next  friend 
over  action.     16  L.R.A.  507. 

Consult  also  L.R.A.  Digests  of  Cases. 


PARTIES,  II.— cont'd 

g.  Joinder, 

§   25.  Generally. 

Joint  action  for  specific  performance  of 
agreement  to  permit  maintenance  of 
license  on  land  of  another.  49  L.R.A. 
513. 

Right  of  creditor,  who  is  also  a  stockholder 
of  an  insolvent  corporation,  to  join  in 
suit  by  other  creditors.  41  L.R.A. 
(N.S.)    987. 

Scope  of  statute  permitting  trustee  of  ex- 
press trust  to  sue  without  joining  bene- 
ficiaries, when  rights  as  between  bcne- 
licaries,  or  between  them  and  the 
trustee,  are  involved.  6  L.R.A. (N.S.) 
275. 

Joinder  of  wife  in  action  by  husband  to  re- 
cover for  her  services  rendered  outside 
the  home.     L.R.A.1917E,  298. 

Joinder  of  husband  and  wife  in  action  for 
boarding  or  lodging  of,  or  services  ren- 
dered by  wife  to,  a  third  person  living 
in  the  home.    46  L.R.A. (N.S.)  238, 

Joinder  of  stockholder  and  creditor  as  com- 
plainants in  suit  in  equity  to  enforce 
stockholder's  liability  on  unpaid  sub- 
scriptions.     46    L.R.A.(N.S.)     453. 

Joinder  of  stockholder  in  suit  against  of- 
ficer or  contractor  based  i:pon  trans- 
action inter  se.     46  L.R.A.(N.S.)    137. 

Joinder  of  parties  plaintiff  in  action  to 
recover  damages  for  mental  anguish  in 
telegraph    case.      49    L.R.A.  (N.S.)    275. 

Joinder  of  beneficiaries  or  of  personal  rep- 
resentative and  beneficiary  in  statutory 
action  for  death.  L.R.A.1916E,  166, 
170. 

III.  Defendant, 
a.  In  general. 

§26.  Generally. 

Attachment  or  garnishment  against  foreign 
corporation,  see  Corporations,   §   150. 

Suits  against  decedent's  estate,  see  Execu- 
tors AND  Administrators,  §  58. 

Liability  of  state  to  suit,  see  State,  §  12. 

Right  under  statute  to  an  order  for  the 
examination  of  an  adverse  party  to  en- 
able plaintiff  to  determine  who  to  make 
parties  defendant.     L.R.A.1918C,  597. 

Alien  enemies  as  parties  defendant.  5  B.  R. 
C.  591;  L.R.A.1918B,  195;  L.R.A.1918E, 
811. 

In  action  to  enforce  subscription  for 
charity.     48  L.R.A. (N.S.)   808. 

Right  of  plaintiff  to  summon  or  charge  him- 
self as  garnishee,    34  L.R.A.  (N.S.)  510. 

Who  may  be  sued  on  Lloyd's  policies.  55 
L.R.A.  193. 

In  what  capacity  executor  or  administrator 
to  be  sued  for  his  personal  tort.  51 
L.R.A.   261. 

l».  Necessary  parties, 

§  2  7.  Generally. 

On  appeal,  see  Appeal  and  Error,   §   12. 


1030 


INDEX  TO  L.R.A.  NOTES, 


PARTIES,  III.  b— cont'd 

In  foreclosure  suit,  see  Mortgage,  §§  69-72. 

In  action  involving  initiative  and  referen- 
dum.    L.R.A.1017B,  32. 

Ifi  suit  to  reinstate  mortgage  released  or 
discharged  by  mistake.  L.R.A.1917E, 
1059.  • 

In  action  to  enforce  liability  for  removal  of 
lateral  support.     08  L.R.A.  694. 

Contractor  as  a  necessary  party  to  a  bill  to 
enforce  a  mechanics'  lien.  33  L.R.A. 
(N.S.)    69. 

Suit  to  enforce  liabilitj'  of  heirs  for  obliga- 
tions of  ancestor.     21  L.R.A.  93. 

To  mandamus  to  restore  to  office  one  ille- 
gally removed.     19  L.R.A. (N.S.)    82. 

To  action  for  specific  performance  of  con- 
tract for  sale  of  corporate  stock.  31 
L.R.A.  (N.S.)    502. 

In  action  by  owner  of  stock  for  unauthor- 
ized transfer  on  books  of  corporation. 
45  L.R.A.  (N.S.)    10S2. 

In  action  under  Federal  employers'  liability 
act.  47  L.R.A.(N.S.)  74;  L.R.A.  1915C, 
77. 

Judgment  creditor  as  necessary  party  to 
suit  to  enjoin  execution  sale.  L.R.A. 
1915F,  1120. 

§   2  8.  Corporations. 

Necessity  of  making  corporation  a  party 
to  suit  bv  stockiiolders  in  its  behalf. 
51   L.R.A.\N.S.)   123. 

Necessity  of  joining  corporation  in  suit  for 

specific    performance    of    contract    for 

.  sale  of  corporate  stock,     50  L.R.A.  512. 

§   2  9.  Partners. 

Necessity  of  making  firm  or  copartners 
parties  in  individual  proceedings  in 
bankruptcy.     69  L.R.A.  780. 

§   30.  Heirs  of  partner. 

Heirs  as  necessary  parties  to  suit  relating 
to  partnership  real  estate.  27  L.R.A. 
310. 

When  heirs  of  deceased  partner  necessary 
parties  to  suit  relating  to  partnership 
real   estate.     27   L.R.A.   340. 

§    31.  Trusts. 

Beneficiaries  of  trust;  when  necessary.  1 
L.R.A.  230.* 

§   32.  In  action  against  municipality. 

Are  holders  necessary  parties  to  proceedings 
to  invalidate  warrants  or  other  mon- 
eyed obligations  of  county,  state,  or 
municipal  corporation.  3  L.R.A.  (N.S.) 
256. 

Parties  defendant  in  action  against  munici- 
pality for  breach  of  duty  as  to  drainage. 
61  L.R.A.  711. 


c.  Effect  of  failure  to  make  one  a  party. 

§   33.  Generally. 

In  action  for  specific  performance  of  con- 
tract to  give  security.  6  L.R.A. (N.S.) 
597. 

Begin  tvith  this  boolc  on  every  law  question. 


PARTIES,  III.  c— cont'd 

Necessity  that  bailor  be  a  party  to  affect 
him  with  the  result  of  a  suit  by  a 
third  person  against  the  bailee.  33 
L.R.A. (N.S.)    690. 

Effect  of  partition  sale  upon  dower  rights 
of  one  not  a  party.     16  L.R.A.  776. 

Effect  of  judment  in  ejectment  against 
tenant  upon  a  landlord  not  a  party,  or 
vice  versa.     26  L.R.A. (N.S.)   505." 

§   34.  In  foreclosure  suit. 

Judgment  a]gainst  trustee  in  mortgage  as 
affecting  beneficiary  who  was  not  a 
party.     35   L.R.A. (N.S.)    196. 

Effect  of  foreclosure  of  one  of  several  simul- 
taneous mortgages  without  making 
other  mortgagees  parties  to  the  suit. 
39   L.R.A.(N.S.)    524. 

Extent  to  which  bondholders  are  represent- 
ed by  trustee  in  mortgage  or  deed  of 
trust  securing  bonds.  16  L.R.A.  (N.S.) 
1006. 

§    35.   On  marketability  of  title. 

Title  of  purchaser  at  judicial  sale  as  affected 
bv  irregularities  as  to  parties.  21 
L.R.A.  43. 

Compelling  purchaser  at  judicial  sale  to 
complete  purchase  where  there  was  a 
defect  of  parties.     21   L.R.A.  47. 

Effect  on  marketability  of  title  of  want  of 
necessary  parties  in  court  proceedings. 
38  L.R.A. (N.S.)   22. 

d.  Joinder. 

§   3  6.  Generally. 

Joint   liability  generally,   see  JoiXT  Cbedi- 

TORS     AND     DeISTORS. 

Joint  liability  of  master  and  servant  for 
injury  by  servant,  see  Master  and 
Servant,  §  199. 

Joinder  of  parties  with  alternative  allega- 
tions as  to  liability.  51  L.R.A.  (N.S.) 
640. 

Joinder  of  original  converter  of  property 
with  subsequent  purcliaser  in  an  action 
for  conversion.     L.R.A.1918F,  305. 

Joinder  of  stockholders  as  defendants  in 
suit  in  equity  to  enforce  liability  on 
unpaid  subscriptions  to  stock.  46 
L.R.A. (N.S.)   4.53. 

Joinder  of  corporation  and  subsequent  pur- 
chaser in  action  by  owner  of  stock  for 
unauthorized  transfer  thereof  on  books 
of  corporation.     45  L.R.A.(N.S.)    1082. 

Joining  successive  owners  of  iroperty  in 
action  for  nuisance  maintained  there- 
on.    46  L.R.A. (N.S.)    1187. 

Joinder  of  parties  in  action  for  wife's  libel 
and   slander.      30   L.R.A.   527. 

Joinder  of  parties  in  action  against  officer 
.     for  making  arrest.    51  L.R.A.  222. 

Joinder  and  misjoinder  in  suit  on  Lloyd's 
policies  of  insurance.     55  L.R.A.  1!J8. 

Joinder  of  parties  in  suit  to  restrain  pollu- 
tion of  water  course.  6  L.R.A. (N.S.) 
1149. 

Right  to  join  agent  and  undisclosed  prin- 
cipal as  defendants  in  the  same  action. 
26  L.R.A. (N.S.)   742. 


INDEX  TO  L.R.A.  KOTES. 


1031 


PARTIES,  III.  d— cont'd 

Joinder  of  municipality  and  person  respon- 
sible for  dangerous  condition  in  action 
for  injuries  on  street  or  highway.  37 
L.K.A.(N.S.)    5G9. 

Of  persons  whose  independent  wrongs  of 
the  same  kind  contribute  to  enhance 
the  degree  or  extent  of  injury  sustained 
by  plaintiff.     10  L.R.A.(N.S.)    167. 

IV.  Bringing    in;    intervention. 

§    3  7.  Bringing  in. 

Use  of  cross  bill  or  cross  complaint  to  bring 
in  new   parties.     26  L.R.A.(N.S.)    127. 

§    3  8.   Intervention. 

Right  of  one  creditor  to  intervene  in  an- 
other creditor's  action  after  the  period 
for  beginning  such  action  has  expired. 
L.R.A.1917D^  885. 

Right  of  creditor  of  individual  partner  or 
of  his  estate  to  intervene  in  proceedings 
for  the  settlement  of  the  affairs  of  the 
partnership.     L.R.A.1917B,  1047. 

Rigiit  of  bankrupt  or  creditors  of  bankrupt 
to  intervene  in  an  action  to  which  the 
trustee  is  a  party.     L.R.A.1916C,  639. 

Right  of  third  persons  who  claim  property 
to  intervene  in  attachment  action.  23 
L.R.A.(N.S.)    536. 

To  question  validity  of  attachment.  35 
L.R.A.  772. 

Bv  pretermitted  heirs  in  administration. 
37   L.R.A.  (N.S.)    1147. 

§   39.  —by  surety. 

Right  of  sui'ety  to  intervene  in  action 
against  principal,  or  principal  in 
action  against  surety.  68  L.R.A. 
736. 

F.  Substitution. 

f   40.  Generally. 

Revival  of  suit,  see  Abatement  and  Reviv- 
al, §  8. 

On  appeal  or  error  to,  or  from  Federal  Su- 
preme Court.     66  L.R.A.  856. 


PARTITION. 


^    1.  Generally. 

Validity  of  statutory  provision  for  attor- 
ney's fee  in  partition  cases.  L.R.A. 
19i5E,  949. 

Riglit  of  one  in  possession  claiming  under 
void  foreclosure  as  against  partition 
action.    40  L.R.A. (N.S.)  845. 

EflTect  of  possession  in  absence  of  writing  as 
to  partition.     3  L.R.A. (N.S.)    806. 

Collateral  attack  on  judgment  of  nonsuit  in, 
for  fraud  not  affecting  jurisdiction.  36 
L.R.A.(N.S.)   986. 

Injunction  against  judgment  in,  for  de- 
fenses existing  prior  to  rendition.  31 
L.R.A.   773. 

f^onsuJt  alt^o  L.R.A.  Digests  of  Cases. 


PARTITION— cont'd 

Right  to  accept  favorable  part  of  decree  and 

appeal  from  the  rest.     29  L.R.A. (N.S.) 

10. 
Removal  of  action  for,  because  of  separable 

controversy.     5  L.R.A. (N.S.)    77. 
Validitv  of  oral  agreement  as  to  partition 

of  fences.     27  L.R.A..(N.S.)   227. 

§   2.  Jurisdiction  of. 

Validity  and  eff"ect  of  a  judgment  in  parti- 
tion against  parties  designated  as  un- 
known.    L.R.A.1918F,  609. 

§    3.  — what  property. 

Jurisdiction  of  suit  for  partition  of  real 
property  in  anotlier  state  or  countrj'.  69 
L.R.A.  692;  23  L.R.A. (N.S.)  924;  27 
L.R.A. (N.S.)   420. 

Jurisdiction  of  equity  to  partition  personal 
property.     27  L.R.A. (N.S.)    618. 

§    4.  Right  to. 

Validitv  of  agreement  against  right  to.    16 

L.R.A.  220. 
Right  of,  as  against  persons  not  in  being, 

8  L.R.A.  (N.S.)    67. 

§   5.  —  who  may  have. 

Sufficiencv    of    possessory    title    to    support 

action  for.     46  L.R.A.  (N.S.)    505. 
Right  of  one  out  of  possession  to  partition. 

20  L.R.A.  624. 
Between   tenants   bv   entireties.     30   L.R.A. 

335. 
Between     life    tenant    and    remainderman. 

L.R.A.1918D,  454. 
Right    to    partition    among    remaindermen 

pending   life    estate.      28    L.R.A.  (N.S.) 

125. 
Right  of  trustee  in  bankruptcy,  or  assignee 

for    creditors,    to    maintain    partition. 

20  L.R.A. (N.S.)   105. 
Remedy  of  pretermitted  heirs  by  proceeding 

for.     37  L.R.A.(N.S.)    1147. 

§   6.  Of  what  property. 

Jurisdiction  over,  see  supra,  §  3. 
Of  personal  property,  see  Personal  Pbop- 
EBTT,  §  7. 

Right   to    partition    mineral   or   oil   or   gas 

lands.     L.R.A. 1916D,  1154. 
Of  community  property.     56  L.R.A.  79. 
Of  estate  by 'entireties.     30  L.R.A.  335;  42 

L.R.A. (N.S.)   98. 
Of  partnership  real  estate.     28  L.R.A.  103. 
Of  water  rights.     26  L.R.A.  284. 
Of  railroad  right  of  way.     39  L.R.A.  (N.S.) 

538. 

§   7.  ^homestead. 

In  general.  56  L.R.A.  77;  4  L.R.A. (N.S.) 
786;  27  L.R.A.(N.S.)   550. 

Separation  and  divorce.  4  L.R.A. (N.S.) 
786. 

Homestead  right  in  widow  and  minor  chil- 
dren.    4  L.R.A. (N.S.)    787. 

Homestead  right  in  widower  or  widow.  4 
L.R.A. (N.S.)  790. 

Homestead  right  of  minor  children.  4 
L.R.A.(N.S.)  792. 


3032 


INDEX  TO  L.R.A.  NOTES. 


PARTITION— cont'd 
Parol  partition.     4  L.R.A.(N.S.)    792. 
Abandonment  or  failure  to  assert  claim  by 
widow.    4  L.R.A.(N.S.)  793. 

§   8.  Effect  of. 

EflFect  of  deed,  see  infra,  %  10. 
Effect  of  partition  sale  on  dower  right,  see 
Do  WEB,   §  14. 

Parol  partition  to  give  legal  title  or  color 
of  title.     16  L.R.A.  326. 

Effect  of  partition  on  descent  of  ancestral 
estates.     L.R.A.1916C,  912. 

Effect  of  partition  of  premises  leased  for 
mining  purposes  on  the  right  to  the 
royalty.    L.R.A.1918B,  1080. 

Effect  of  partition  to  create  easement  as  be- 
tween separate  parcels.  26  L.R.A. 
(N.S.)   342;  L.R.A.191.5C,  348. 

l^^ffect  of  partition  between  heirs  of  property 
acquired  by  inheritance,  upon  its 
course  of  descent.   39  L.R.A. (N.S.)  957. 

Effect  of  judgment  in  partition  upon  riylits 
of  defendants,  as  between  themselves, 
which  were  not  brought  to  the  atten- 
tion of  the  court.     14  L.R.A.(N.S.)  333. 

Devestiture  of  estates  of  persons  not  in 
being  by.     42  L.R.A. (N.S.)    443. 

§   9.  Deeds. 

Implied  grant  of  easement  in  partition  deed. 

3  L.R.A. (N.S.)    1082. 
Estate    held    under    partition    deed    as    one 

by  entireties.     25  L.R.A. (N.S.)    167. 

§    10.  —effect  of. 

Effect  of  deed  in  partition  as  distinguished 

from  ordinary  deeds.     57  L.R.A.  332. 
Deed   to    person   other   than    cotenant.      57 

L.R.A.  332. 
Warranty.     57   L.R.A.   333. 
Estoppel  to  set  up  after-acquired  title.     67 

L.R.A.  337. 
Estates  acquired  by  partition  deed  between 

parties    holding    different    estates.      57 

L.R.A.  337. 
Words  of  inheritance  as  necessary  to  vest 

fee.     57  L.R.A.  338. 
Rights  of  subsequent  purchasers.    57  L.R.A. 

338. 
Changing   title    from    descent  to   purchase. 

57  L.R.A.  339. 
Effect  as  revoking  previous  will.    57  L.R.A. 

339, 
Failure  of  wife  to  join  in  deed.     57  L.R.A. 

340. 
Deed  by  person  under  disability.    57  L.R.A. 

340. 
Execution  of  deed.     57   L.R.A.  340. 
Effect  on  judgment  and  mortgage  liens.     57 

L.R.A.  340. 
Parol  evidence  to  show  nature  of  deed.     57 

L.R.A.   341. 


§    11.  Riglits  of  purchaser. 

Applicability  of  rule  of  caveat  emptor  to 
sales  for  partition.  33  L.R.A, 
(N.S.)    409. 

Begin  with  this  hoolc  on  every  law  question. 


PARTNERSHIP. 

I.  In  general,  §§  1,  2. 
II.  Creation;       nature;       requisites r 
what  constitutes,  §§  3-7. 
a.  In  general,   §§  3-3. 
h.  Creation;    ichat    constitutes,- 
§§  O,  7. 

III.  Rights  and  jiowers  of  partners  as 

to  third  persons,  §§  8,  9. 

IV.  Liahilitif  of  partnet^  to  tliird  per- 

sons;    rights    of    creditors, 
§§   10-17. 

a.  In  general,   §§   10-14. 

b.  Insolvencij     or     hanJcruptcy,. 

§§   15-17. 
V.  Partnership   real   estate,    §§    18- 

24:. 

VI.  Rights  and  liabilities  as  between. 
partners,  §§  25-28. 
VII.  Dissolution  or  change  in  person- 
nel;  accounting,   §§   29-51. 

a.  In  general,  §§  29-39. 

b.  Btf  death,  §§  40-49. 

1.  In  general,  §  40. 

2.  Surviving     partner,      §§ 

41-45. 

3.  Estate  of  deceased  part- 

ner,   §§    46-49. 
r    Accounting,   §§   50,   51. 
VIII.  Actions;  judgments,   §§   52-57. 

a.  In  general,   §§   52-56. 

b.  Suits  between  partners,  §  57» 
IX.  Limited  partnership,   §   58. 

I.  In  general. 

§    1.  Generally, 

Estoppel  of  partner,  see  Estoppel,  §  37. 
Effect  of  fraud  in  partnership  matters,  see 

Fraud  and  Deceit,  §  25. 
Good  will  of,  see  Good  Will. 
Injunction    as    to    partnership    matters,  see 

Injunction,   §   38. 
Partnership  name,  see  Name,  §  10, 
Sickness  of  copartner,  see  Sickness,  §  7, 

Effect  of  war  on  partnership  agreements,.. 
and  the  rights  of  the  parties  thereto, 
7  B.  R.  C.  618. 

Applicability  of  Bulk  Sales  Law  to  transfer 
to  partnership  organized  to  take  over 
the  business.     L.R.A.1918C,  932. 

Specific  performance  of  contract  for  inter- 
est in   partnership.     L.R.A.1918E,  628. 

Parol  evidence  to  vary  a  partnership  con- 
tract in  favor  of  or  ajiuinst  a  stiaiim-r 
to  the  contract.    L.R.A.1916A,  599,  610. 

Tax  on  partnership  propertv.  22  L.R.A, 
477. 

Situs  of  partnership  property  and  inter- 
ests therein  for  purposes  of  taxation. 
3  B.  R.  C.  793. 

Federal  courts  following  state  decisions  on> 
questions  relating  to.  40  L.R.  \.  (N.S.) 
433. 

Power  of  married  woman  to  become  member 
of  partnership.     L.R.A.1916D,  1233. 

Partnership  between  initial  carrier  and  con- 
necting carrier  which  will  make  con- 
tract of  the  former  binding  on  the  lat-^ 
ter.     52  L.R.A. (N.S.)   861. 


INDEX  TO  L.R.A.  NOTES. 


103:} 


PARTNERSHIP,  I— cont'd 

Right  of  one  ordered  to  produce  books  or 
papers  to  refuse  on  ground  that  they 
are  in  the  hands  of  a  partnership  of 
which  he  is  a  member  only.  L.R.A. 
1915B,  981. 

Notice  to  one  member  of  firm  entitled  to 
notice  to  redeem  from  tax  sale.  44 
L.R.A. (N.S.)    680. 

§   2.  Between   husband   and   wife. 

See  Hu.sBA>'D  and  Wife,  §  54. 

//.  Creation;   nature;   requisites;   ivJiat 
constitutes. 

a.  In   general. 

§   3.  Generally. 

Proof  against  one  of  declarations  of  another 
to  show  partnership,  see  Evidence,  § 
236. 

Formation  of,  and  transfer  of  property  to, 
partnership  as  ground  of  attachment. 
30   L.R.A.    487. 

Partnership  undertakings  between  initial 
and  connecting  carrier.  31  L.R.A. (N.S.) 
44. 

Effect  on  client's  liability  of  formation  of 
partnership  by  attorney  after  employ- 
ment by  client.     23  L.R.A. (N.S.)    707. 

Declarations  of  another  to  show,  20  L.R.A. 
595. 

Admissibility  of  partnership  books  of  ac- 
count to  disprove  partnership.  52 
L.R.A.  834. 

§   4.  To  deal  in  real  estate. 

■Contracts  by  parol,  for  dealing  in  land,  see 
Contracts,  §  41. 

What  constitutes  a  partnership  to  deal  in 
real  estate.     5  L.R.A. (N.S.)    503. 

Power  over  real  estate  of  partners  in  firm 
formed  to  deal  in  real  estate.  28  L.R.A. 
100. 

When  real  estate  will  be  considered  prop- 
erty of  firm  formed  to  deal  in  land. 
27  L.R.A.  481;   37  L.R.A.(N.S.)   903. 

Creation  of  partnership  by  speculative  pur- 
chase of  real  estate  for  sale.  18  L.R.A. 
(N.S.)    ]089. 

Creation  of  partnership  by  provision  for 
taking  profits  as  compensation  for  use 
of  real  estate.     18  L.R.A. (N.S.)    1042. 

§  h.  Liability  of  corporate  stockholders 
as  partners. 

iSee  Corporations,  §  107. 

b.  Creation;  what  constitutes, 

^  6.  Generally. 

To  deal  in  real  estate,  see  supra,  §  4. 

Reputation  as  proof  of  partnership.  L.R.A, 
1918D,  505. 

■Contribution  of  property  or  services  by 
two  or  more  persons  to  a  common  en- 
terprise under  an  agreement  to  divide 
the  product  or  result  in  kind.  L.R.A. 
191SE.  912. 

■Consult  al)-:o  T-.R.A.   Digests  of  Cases. 


PARTNERSHIP— cont'd 
§    7.  Sharing'  in  profits. 

Effect  of  agreement  to  share  profits  to 
create.     18  L.R.A.  (N.S.)    963. 

Sharing  profits  in  addition  to  salary  or 
other  compensation.     L.R.A.1918F,  801. 

III.  Rights  and  powers  of  partners  as 

to  third  persons. 

§   8.  Generally. 

After  dissolution,  see  infra,  §§  31-34,  42. 
Power    to   make    lease,    see   Landlord   and 

Tenant,  §  10. 
Power  to  give  mortgage,  see  Mortgage,  §  11. 

Implied  authority  of  partner  to  borrow 
money.     6  B.  R.  C.  819. 

Power  of  one  partner  to  assign  partnership 
real  estate  for  benefit  of  creditors.  28 
L.R.A.  97, 

Effect  on  right  of  individual  partners  of  sale 
by  firm  of  good  will  of  business  witli 
or  without  an  agreement  not  to  re- 
engage in  the  same  business.  19  L.R.A. 
(N.S.)    769. 

Extent  of  restriction  on  right  of  unlicensed 
person  who  is  partner  of  licensed  at- 
torney to  transact  business  for  another. 
24  L.R.A. (N.S.)   750. 

Speculation  in  commodities  as  within  the 
ostensible  or  implied  authority  of  a 
member  of  a  partnership  operating  a 
warehouse.     27  L.R.A. (N.S.)    1015. 

§   9.  As  to  commercial  paper. 

Liability    on    commercial    paper,   see    infra, 

After  dissolution,  see  infra,  §  32. 

Of  surviving  partner,  see  infra,  §  45. 

Power  of  one  partner  to  bind  firm  by  a 
promissory  note  or  bill  of  exchange  un- 
der seal.     17  L.R.A.  (N.S.)   969. 

Power  of  one  partner  to  give  note  affecting 
partnership  real  estate.     28  L.R.A.  97. 

Circumstances  sufficient  to  put  a  purchaser 
of  partnership  paper  on  inquiry.  29 
L.R.A.(N.S.)  356;  44  L.R.A.(N.S.)  404; 
L.R.A.1918F,   1153. 

IV.  Liability  of  partners  to  third  per- 

sons; rights  of  creditors. 

a.  In  general. 

§10.  Generally. 

Rights  of  creditors  in  partnership  real  es- 
tate,  see   infra,   §   24. 

After  dissolution,  see  infra,  §  36, 

Actions  against  firm  or  partners,  see  infra, 
§§  52-56. 

Liability  as  partners  of  stockholders  in  il- 
legal corporation,  see  Corporations, 
§  107. 

Criminal  responsibility  for  acts  of  partner, 
see  Criminal  Law,  §  29 ;  Intoxicating 
Liquors,  §  23. 

Levy  on  partnership  property  for  debt  of 
partner,  see  Levy  and  Seizure,  §  5. 

Ratification  by  partner,  see  Ratification, 

§  5. 
Liability  for  trespass,  see  Trespass,  §  9. 


1034 


INDEX  TO  L.R.A.  NOTES. 


PARTNERSHIP,  IV.  a— cont'd 

Right  of  individual  partner  who  purchases 
the  partnership  property  and  assumes 
the  partnership  debts  to  claim  exemp- 
tion as  to  the  property  purchased. 
L.R.A.1918D,  885. 

Individual  member  of  partnership  as  an 
"employer"  within  meaning  of  Work- 
men's Compensation  Acts.  L.R.A, 
1918F,  180. 

Partnership  liability  of  stockholders  of  a 
foreign  corporation  in  a  state  in  which 
it  is  doing  business.     L.R.A.1917B,  574. 

Right  of  creditor  of  individual  partner  or 
of  his  estate  to  appear  in  proceedings 
for  the  settlement  of  atiairs  of  part- 
nership.    L.R.A.1917B,  1047. 

Injunction  against  execution  sale  of  prop- 
erty of.     30  L.R.A.  105. 

Injunction  against  judgments  by  confession 
against    partners.     30    L.R.A.    240. 

Liability  of  physician  or  surgeon  for  acts 
of  partner.     42   L.R.A.  (N.S.)    786. 

Effect  of  judgment  against  some  of  partners 
to  release  liability  of  others.  43  L.R.A. 
161. 

Criminal  and  penal  liability  for  act  of  part- 
ner.    41  L.R.A.  650. 

Partnership  debt  as  assets  on  appointment 
of  member  of  firm  as  executor  or  ad- 
ministrator.    26  L.R.A. (N.S.)   414. 

Admissibility  of  books  of  account  contain- 
ing entries  to  charge  copartnership.  52 
L.R.A.  693. 

Liability  of  one  party  to  an  arrangement  to 
share  profits  from  gambling  for  money 
lost  bv  a  third  person  to  the  other  pajr- 
ty.     23  L.R.A.  (N.S.)   522. 

§  11.  Attachment  against  firm  or  part- 
ner. 

Attachment  of  individual  property  of  one 
partner  foi;  fraud  of  another.  25  L.R.A. 
045. 

Formation  of,  and  transfer  of  property  to, 
partnership  as  ground  of  attachment. 
30  L.R.A.  487. 

Transfers  and  withdrawals  by  partners  as 
ground  of  attachment.     30  L.R.A.  486. 

Right  of  partnership  creditors  to  question 
validity  of  attachment.     35  L.R.A.  769. 

Right  to  attach  property  in  hands  of  as- 
signee for  creditors  of  partnership.  26 
L.R.A.  600. 

§    12.  Liiability  on  commercial  paper. 

Authority  of  partner  to  execute  commercial 

paper,  see  supra,  §  9. 
After  dissolution,  see  infra,  §§  32,  39,  45. 

Demand  on  firm  for  payment  of  note.  36 
L.R.A.  704. 

Availability  to  maker  of  defense  that  com- 
mercial paper  was  partnership  paper  as 
against  transferee  after  maturity.  46 
X..R.A.  771. 

Right  of  one  indorsing  note  for  accommoda- 
tion of  firm  to  recover  from  firm  after 
payment  of  note.     37  L.R.A. (N.S.)  784. 

Right  of  one  accepting  negotiable  paper 
for  accommodation  of  firm  to  recover 
from  firm  after  payment  of  paper.  37 
L.R.A.  (N.S.)    785. 


PARTNERSHIP,  IV.  a— cont'd 

Commercial  paper  as  payment  of  partner- 
ship indebtedness.     35  L.R.A. (N.S.)  54. 

Note  or  other  commercial  paper  of  individu- 
al partner  as  payment  of  firm  debt 
which  he  had  not  previously  assumed. 
15  L.R.A. (N.S.)  1019;  51  L.R.A. (N.S.) 
358. 

Does  the  fact  that  a  name  signed  to  a  bill 
or  note  below  the  signature  of  another 
obligor  is  that  of  a  partnership  raise  a 
presumption  that  it  is  a  surety  only.  10 
L.R.A.  (N.S.)    426. 

Individual  partner  svho  indorses  note  made 
by  firm  as  "a  person  not  otherwise  a 
party"  to  the  instrument  within  uni- 
form negotiable  instrument  law.  52 
L.R.A.(N.S.)   225. 

§  13.  Assumption  by  partnership  of  in- 
dividual debts  of  partners. 

Assumption  of  firm  debts  on  dissolution,  see 
infra,  §  37. 

The  general  rule.     29  L.R.A.  681. 
The  question  of  insolvency.     29  L.R.A.  685^ 
The  question  of  fraud.     29  L.R.A.  687. 
Assumption  held  sufficient.     29  L.R.A.  688, 
InsuflScient  assumption.     29  L.R.A.  691. 
By  mortgage  of   firm  property.     29   L.R.A. 

692. 
By  new  firm  of  debts  of  old  firm.  '  29  L.R.A. 

694. 
Assumption  of  debt  originally  incurred  for 

firm  benefit.     29  L.R.A.  694. 
Right  of  action  by  third  person  on  agree 

ment  to  assume  partnership  debts.     2» 

L.R.A.  274. 

§  14.  Liability  of  partnership  foi*^ 
torts. 

In  general.     51  L.R.A.  403. 

Torts  of  partnership  as  an  entity.  51  L.R.A. 
465. 

Torts  of  individual  member.     51  L.R.A.  469.. 

Engaging  in  unlawful  business.  51  L.R~A. 
4^95. 

Liability,  joint  and  several.     51  L.R.A.  495. 

False  representations  by  partner  as  to  cost, 
selling  or  market  price  of  property.  35- 
L.R.A.  (N.S.)    185. 

Criminal  responsibility  for  sale  of  intoxi- 
cating liquor  by  partner.  16  L.R.A. 
(N.S.)  786;  20 ' L.R.A. (N.S.)  321;  33 
L.R.A. (N.S.)    419. 

Liability  of  partner  to  action  for  false  im- 
prisonment for  act  of  copartner.  3- 
L.R.A. (N.S.)    221. 

Liability  of  partner  for  malicious  prosecu- 
tion, false  arrest,  or  false  imprison- 
ment by  copartner  in  collecting  a  debt. 
51  L.R.A. (N.S.)    473. 

Liability  of  partnership  for  tort  committed 
by  partner  or  agent  with  the  object  of 
procuring  business.     .")   1>.   R.  C.  SS. 

Suspension  or  disbarment  of  attorney  for 
partner's  misconduct  in  withholding 
client's  money  or  property.  39  L.R.A. 
(N.S.)    418. 

Liability  of  partner  for  libel  published  with- 
,  out  his  consent.     26  L.R.A.  779. 


Begin  tvith  this  hooTc  on  every  ^a^v  question. 


INDEX  TO  L.K.A    NOTES. 


1035 


PARTNERSHIP,  IV.  —cont'd 

b.  Insolvency  or  bankruptcy. 

§    15.  Generally, 

Assignment  for  creditors  by  firm  or  part- 
ner, see  Assignment  fob  Creditors, 
§  2.       . 

Partnership .  bankruptcy  generally,  see 
Bankruptcy,  §  5. 

Eflfect  of  bankruptcy  proceedings,  see  Bank- 
ruptcy, §  11. 

Discliarge  of  partnership  liability  in  indi- 
vidual proceedings  in  bankruptcy,  see 
Bankruptcy,  §  33. 

Right  of  simple  contract  creditor  of  part- 
nership to  the  appointment  of  a  re- 
ceiver of  the  property  of  his  debtor. 
L.R.A.1918C,  632. 

Criminal  liability  of  partnership  for  re- 
ceiving deposit  in  insolvent  bank.  31 
L.R.A.  125. 

Assumption  of  debts  on  dissolution  of  part- 
nership as  affecting  rights  to  priority 
of  payment.     9   L.R.A.  (N.S.)    101. 

Set-off  in  bankruptcy  cases.  55  L.R.A.  41, 
69. 

Claim  in  bankruptcy  as  remedy  for  breach 
of  agreement  to  assume  debts  on  disso- 
lution.    9  L.R.A.  (N.S.)  114. 

Right  of  bankrupt  to  discharge  as  affected 
bv  act  of  partner  or  agent.  20  L.R.A. 
(N.S.)    78.5:   30  L.R.A.  (N.S.)    623. 

Discharge  of  partnership  in  bankruptcy  as 
affecting  liability  of  individual  partners 
for  partnership  debts.  L.R.A.1915F, 
669. 

§  16.  Of  both  partnership  and  its 
members. 

Double  proof  of  claim  against  bankrupt  es- 
tate of  firm  and  individual  partner.  39 
L.R.A. (N.S.)   391. 

Discharge  of  partnership  liability  in  indi- 
vidual bankruptcy  proceedings.  69 
L.R.A.  771;  L.R.A.1918E,  470. 

Provability  of  partnership  debts  in  indi- 
vidual proceedings.     69   L.R.A.   772. 

Effect  of  adjudication  of  bankruptcy  of 
partnc:  sliip  to  subject  the  separate  es- 
tates of  the  partners  to  administra- 
tion in  bankruptcy.  5  L.R.A. (N.S.) 
654. 

Adjudication  of  bankruptcy  of  member  of 
firm  as  affecting  rights  of  firm  credit- 
ors against  firm  property.  30  L.R.A. 
(N.S.)    787. 

Must  individual  partners,  as  well  as  firm, 
be  insolvent  in  order  to  render  the  firm 
bankrupt  or  to  avoid  payment  of  a  firm 
debt  as  a  preference.  21  L.R.A. (N.S.) 
960. 

§  17.  Relative  rights  as  between  indi- 
vidual and  firm  creditors. 

Assumption  by  insolvent  partnership  of  in- 
dividual debts  of  partners.  29  L.R.A. 
685. 

Application  of  partner's  deposit  on  firm 
debt.     23  L.R.A.  111. 

Use  of  firm  property  to  discharge  obliga- 
tions of  one  partner.  29  L.R.A.  685; 
1   L.R.A. (N.S.)    650. 

Consult  also  L.R.A.  Digests  of  Cases. 


PARTNERSHIP,  IV.  b— cont'd 

Levy  on  partnership  property  for  debt  of 
partner.     46    L.R.A.    481. 

Priority  of  executions  for  firm  debts  over 
executions  for  debt  of  partner.  46 
L.R.A.  501. 

Priority  of  firm  creditors  as  against  levy 
for  an  individual  debt.     46  L.R.A.  494. 

Position  of  individual  creditors  of  partner- 
ship real  estate.     28  L.R.A.  167. 

Preference  of  firm  over  individual  creditors 
in  partnership  real  estate.  28  L.R.A. 
165. 

Right  of  claim  based  on  tort  of  a  partner- 
ship to  share  with  creditors  of  indi- 
vidual partners.     41  L.R.A.  (N.S.)  1223. 

Right  of  partnership,  as  against  firm  cred- 
itors, to  sell  or  mortgage  firm  property 
to  discharge  or  secure  individual  debt 
of  one  partner.     2  L.R.A. (N.S.)   256. 

Right  of  creditors  of  ostensible  partnership 
to  a  preference  over  individual  credit- 
ors, where  business  is  carried  on  by 
individual  in  a  firm  name.  31  L.R.A. 
(N.S.)    406. 

Application  of  partnership  assets  with  the 
consent  of  all  the  partners  to  the  pay- 
ment of  an  individual  debt  of  a  partner 
as  a  voidable  preference  under  the  bank- 
ruptcy act.     17  L.R.A. (N.S.)   1040. 

Preference  of  firm  creditor  by  a  partner  out 
of  his  own  propertv  as  an  act  of  bank- 
ruptcy by  the  firm,  16  L.R.A.  (N.S.) 
656. 

V.  Partnership  real  estate. 

§    18.  Generally. 

Partnership  to  deal  in  real  estate,  see  su- 
pra. §  4. 

Oral  contract  for  dealing  in  land,  see  Con- 
■  TP.ACTS,    §    41. 

Powers  of  personal  representative  of  de- 
ceased partner  as  to,  see  Executors 
AND  Administrators,  §  14a. 

Improvements  on,  see  Improvements,   §  6. 

Power  of  one  partner  to  assign  for  benefit  of 
creditors.    28  L.R,A.  97. 

Admissibility  of  parol  evidence  to  identify 
grantees  in  deed  to  firm  name.  1 
L.R.A,  (N.S.)   157, 

Insurance  in  name  of  partnership  of  prop- 
erty, the  legal  title  of  which  is  in  tlie 
name  of  individuals.  40  L.R.A. (N.S.) 
152, 

Notice  of  title  from  use  of  land  for  partner- 
ship purposes.    13  L.R.A.  (N.S.)   126. 

May  jurisdiction  of  suit  to  determine  in- 
terests of  partners  in  real  property 
witliin  state,  rest  upon  constructive 
service  upon  nonresident.  52  L.R.A, 
(N.S.)    1061. 

Notice  to  one  member  of  firm  entitled  to 
notice  to  redeem  from  tax  sale,  44 
L.R.A,  (N,S,)    680, 

§19,  When  real  estate  considered  as 
partnership  property. 

General  doctrine.    27  L.R.A.  449;  37  L.R,A. 

(N.S.)    889. 
The  question  of  intention.     27  L.R.A,  455; 

37   L.R,A,(N.S,)    891. 


1036 


INDEX  TO  L.R.A.  NOTES-. 


PARTNERSHir,  V.— cont'd 

The  question  of  tlie  legal  title.     27  L.R.A. 

460;    37   L.R.A.  (N.S.i    892. 
Parol  evidence.     27   L.R.A.  464;   37   L.R.A. 

(N.S.t    898. 
Trusts.      27    L.R.A.    468;    37    L.R.A.  (N.S) 

899. 
Equitable   conversion.      27    L.R.A.   473;    37 

L.R.A. (N.S. I    900. 
Out  and  out  conversion.     27   L.R.A.  475. 
Reconversion.    27  L.R.A.  476. 
Statute  of  frauds.    27  L.R.A.  477;  37  L.R.A. 

( N.S. )    902. 
Form    of   convejance.      27    L.R.A.   479;    37 

L.R.A. (N.S.)    902. 
Wlien  not  considered  personally.     27  L.R.A. 

480. 
Tlie  question  of  notice.     27  L.R.A.  480;   37 

L.R.A. (N.S.  I    903. 
PartncKsliip    formed    for   the   purchase    and 

sale  of  real  estate.     27  L.R.A.  481;   37 

L.R.A. (N.S.  I    903. 
Real   estate  acquired   in  payment  of  debts. 

27  L.R.A.  482;  37  L.R.A. (N.S.)  903. 
Real  estate  held  under  lease.    27  L.R.A.  483. 
Tiie  effect  of  improvements.    27  L.R.A.  484 ; 

37  L.R.A. (N.S.)   904. 
Land  owned  by  partner  prior  to  partnership. 

27  L.R.A.  485. 

Position  of  incoming  partner,  27  L.R.A. 
486;   37  L.R.A. (N.S. I    904. 

Particular  facts  held  .sufficient  to  constitute 
real  estate  partnership  property.  27 
L.R.A.  486;   37  L.R.A. (N.S.)   904. 

Particular  facts  held  insufficient  to  consti- 
tute  real    estate   partnership   property. 

!         27  L.R.A.  492;  37  L.R.A. (N.S.)  905. 

§   20.  Rights  of  partners  inter  se  in. 

General    rule   as   to   partners'   interest.     28 

L.R.A.  86. 
Powers   of    partners   over   partnership   real 

estate.     28  L.R.A.  89. 
How   conveyed   by   partnership.     28   L.R.A. 

98. 
Purchase   by   partner  of   firm   property.  28 

L.R.A.  99. 
Purchase    of    deceased    partner's    interest. 

28  L.R.A.  99. 

Sale  by   partner  of   his   interest  to  his  co- 

l>artners.      28   L.R.A.   99. 
Right  of  partner,  or  majority  of  partners, 

to  .'iell  partnership  real  estate.     L.R.A. 

1918A,  927. 
Effect  of  conveyance  by  partner.    28  L,R.A.  i 

100. 
Liability  of  the  firm  for  partner's  acts.    28 

L.R.A.  101. 
The  question  of  ratification.    28  L.R.A.  101. 
Partner's  right  to  reimbursement.  28  L.R.A. 

102. 
Equitable  lien  of  partners.     28  L.R.A.  102. 
Partition    of    partnership    real    estate.      28 

L.R.A.  103. 
Position     of     partner     advancing    purchase 

money.     28  L.R.A.  103. 
Position  of  partner  purchasing  property  at 

sheriff's  sale.     28  L.R.A.   104. 
Position  of  new  partner.     28  L.R.A.  104. 
Fraud  by  partner.     28  L.R.A.  104. 
Estoppel"  of   partner.     28  L.R.A.   105. 
Statute  of  limitations.     28  L.R.A.  105. 


PARTNERSHIP,  V.— cont'd 

Tender  of  purchase  money  by  partner.  28 
L.R.A.  105. 

Dormant  partner.     28  L.R.A.   105. 

Deceased  partner's  share.     28  L.R.A.  105. 

Homestead  rigiits.     28  L.R.A.  105. 

In  partnership  formed  for  tiie  purchase  and 
sale  of  land.     28  L.R.A.  106. 

When  partnership  in  lands  continues  after 
the  death  of  a  partner.     28  L.R.A.  100. 

The  question  of  dissolution.     28  L.R.A.  106. 

Winding-up  of  firm.     28  L.R.A.  107. 

Division  by  partnership  prior  to  dissolu- 
tion.    28   L.R.A.   109. 

In  Louisiana.     28  L.R.A.  109. 

Right  to  purchase  one  partner's  interest  in 
real  property  belonging  to  partnership, 
without  consent  of  other  partners.  18 
L.R.A.  (N.S.)    1180. 

§  21.  Deceased  partner's  widow's  right 
of  dower  in. 

General  doctrine.    27  L.R.A.  340. 

Must  yield  to  partnership  claims,  liens,  and 
accounts.     27  L.R.A.  343. 

When  dower  attaches.     27  L.R.A.  345. 

In  lands  purchased  for  the  jmrpose  of  re- 
sale.    27  L.R.A.  346. 

Effect  of  an  agreement  converting  real  es- 
tate into  personalty.     27  L.R.A.  347. 

Right  to  dower  in  improvements.  27  L.R.A. 
347. 

When  widow  entitled  to  an  equivalent.  27 
L.R.A.    347. 

Widow's  right  to  retain  possession.  27 
-  L.R.A.  347. 

How  affected  by  husband's  private  debts. 
27  L.R.A.  347. 

Homestead  rights.     27  L.R.A.  347. 

Right  of  widow  to  join  in  deed,  action,  or 
suit  affecting  such  estate,  27  L.R.A. 
347. 

§  22.  Riglits  of  heirs  of  deceased  part- 
ner in. 

The  legal  estate  passes  to  the  heir  of  a  de- 
ceased partner.    27  L.R.A.  348. 

Nature  of  the  title  vested  in  the  heirs. 
27  L.R.A.  348. 

The  heirs  bound  to  convey  the  legal  title. 
27  L.R.A.  349. 

When  a  necessary  party  to  suit  relating  to 
such  lands.  '27  L.R.A.  349. 

When  heirs  not  entitled.     27  L.R.A.  349. 

As  between  the  surviving  partner  and  the 
heirs.    27  L.R.A.  350. 

Power  of  the  heirs  as  against  the  surviving 
partner.    27  L.R.A.  351. 

As  between  the  heir  and  personal  represent- 
atives of  such  deceased  partner.  27 
L.R.A.   352. 

Powers  vested  in  executors  and  administra- 
tors of  a  deceased  partner.  27  L.R.A. 
352. 

Ultimate  position  of  the  heirs.  27  L.R.A. 
353. 

§  23.  Position  and  powers  of  surviving 
partner  in. 

The   position   of    a   surviving   partner.     28 

L.R.A.  129. 
Powers  of  the  surviving  partner.    28  L.R.A. 

133. 


Begin  ivith  this  hook  on  evet'y  latv  question. 


INDEX  TO  L.R.A.  NOTES. 


1037 


PARTNERSHIP,  V.— cont'd 

To  mortgage.     28  L.R.A.  134;  3  B.  R. 
C.  577. 

With  respect  to  leasehold  property.  28 
L.R.A.   135. 

Effect  of  conveyance  by.     28  L.R.A.   13.5. 

As  between  tlie  survivor  and  personal  rep- 
resentatives of  a  deceased  partner.  28 
L.R.A.  136. 

Injunction  against  survivor.    28  L.R.A.  137. 

Rights  in  partnersliip  real  estate  as  be- 
tween surviving  partner  and  heirs  of 
deceased  partner.     27  L.R.A.  350. 

Power  of  heirs  of  deceased  partner  in  real 
estate  as  against  .surviving  partner.  27 
L.R.A.  351. 

§  24.  Rights  and  position  of  creditors, 
purchasers,  and  other  third  parties 
in. 

Rights  of  creditors  of  the  firm,     28  L.R.A. 

16L 
Preference  of  firm  over  Individual  creditors. 

28   L.R.A.   165. 
The  position  of  the  individual  creditors  of  a 

l)artner.     28  L.R.A.  167. 
The  position  of  mortgagees.     28  L.R.A.  170. 
The    position    of    judgment    creditors.      28 

L.R.A.    170. 
The  position  of  purchasers.     28  L.R.A.  172. 

From  tlie  firm.    28  L.R.A.  172. 
The  question  of  notice.     28  L.R.A.  174. 
Levy  on  real  estate  for  debt  of  partner.    46 

L.R.A.  494. 

.VI.  Rights    and    liahilities   as    between 
partners. 

g   2  5.  Generally. 

Witli  respect  to  partnership  real  estate,  see 

supra,  S  20. 
After  dissolution,  see  infra,  §§  31-35. 
Accounting  between  partners,  see  infra,  §§ 

50,   51. 
.\ctions  l)etween  partners,  see  infra,  §  57. 
rontribution    between    partners,    see    Co\- 

TRIIiUTIOX.    §   4. 

Transfer  of  interest  to  copartner  as  change 
in  ownersbip  of  insured  property,  see 
iN.srRAXCE,  §  70. 

Equitable  lien  of  partner,  see  Liens,  §  7. 

Effect  of  failure  to  aid  in  joint  enterprise 

or  partnership  to  exclude  from  partic- 
ipation  in   the  profits   tliereof.     L.R.A. 

1918B,  678. 
Implied    autlioritv    of    partner    to    borrow 

money.     0  B.'R.  C.  8H). 
Right  of  partner  or  majority  of  partners  to 

sell  all  or  substantiallv  all  of  the  firm 

assets.     L.R.A. 1{)18A,  927. 
Action  at  law   between   partners,  based   on 

conversion    of    firm    propertv.      L.R.A. 

1918F,  1125. 
Measure  of  damages  for  breach  of  contiaet 

of  partnership.     51  L.R.A.  (N.S. )   81. 
Right  of  partners  to  buv  from  and  sell  to 

each  other.     3  L.R.A.  770. 
Right   of    partner   to    locate   mining   claim. 

7  L.R.A.(N.S.)   817. 
Right  of  one  partner  to  acquire  individual 

claim    against    the    other.      28    L.R.A. 

(N.S.)    619. 
Consnlt  also  L.R.A.  Digests  of  Cases. 


PARTNERSHIP,  VI.— cont'd 

Right  of  partner  to  take  renewal  of  lease 
in  his  own  name  and  exclude  copart- 
ner.     32    L.R.A.  (N.S.)     869. 

Warranty  as  inducement  to  copartner  to 
enter  into  a  contract,  as  a  promise  to 
indemnify.      15    L.R.A.  (N.S.)    1151. 

Arbitrary  or  mala  fuh'  termination  of  part- 
nership as  basis  of  action  for  tort.  2.5 
L.R.A. (N.S.)    9.)9. 

Rights  of  partners  as  affected  bv  sale  of 
trademark.      1    L.R.A.  (N.S.)  "722. 

May  the  right  of  a  partner  to  inspect  tlie 
books  of  the  firm  l)e  delegated  to  a)i 
agent.     2  B.  R.  C.  970. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  relating  to  partner- 
ship.    53  L.R.A.  81. 

^lember  of  partnership  as  "employee"  with- 
in meaning  of  Workmen's  Compensa- 
tion Acts.     L.R.A.1918F,  204. 

§   26.  Right  of  subrogation. 

Right  to  subrogation  of  partner  who  pavs 
firm  debt.     54  L.R.A.  614. 

Of  retiring  partner  to  rights  of  creditor 
where  debts  have  been  assumed  on  dis- 
solution of  partnership.  9  L.R.A. 
(N.S.)    117.. 

§   2  7.  Compensation  for  services. 

.\s  between  members  of  law  firm,  see  Attor- 
XEYS,    §    19. 

Right  of  partner  to.  17  L.R.A.  (N.S.)  385; 
L.R.A.1917F,  575. 

§  28.  Rigiit  to  interest  against  copart- 
ner. 

On  accounting,  see  infra,  §  51. 

Allowance  of  int^erest  in  favor  of  or  against 
partner  during  continuance  of  firm. 
35  L.R.A.  (N.S.)   220. 

VII.  Dissolution  or  change   in  person- 
nel;  accounting. 

a.  In  general. 

%   29.  Generally. 

Effect  of  dissolution  on  good  will,  see  ♦^ooi> 

Will,  §  4. 
Change  in  partnership  interest  as  change  \w 

ownersliip     of     insured     property,     see 

IXSUR.^XCE,    §    70. 

Effect  of  war  betweeji  countries  of  respec- 
tive parties.     L.R.A. 1917C,  669. 

Dissolution  of  partnership  by  reason  of  for- 
mation of  corporation.  31  L.R.A. 
(N.S.)    471. 

Phjsical  or  mental  incapacity  of  partner  as 
dissolution,  or  a  ground  for  dissolution. 
47  L.R.A.  (N.S.)   839. 

Question  of  dissolution  of  firm  owning  real 
estate.     28  L.R.A.   106. 

Winding  up  of  firm  owning  real  estate. 
28  L.R.A.  107. 

Position  of  new  partner  as  to  partnership 
real  estate.     28  L.R.A.  104. 

Statutes  as  to  continuing  firm  name.  15 
L.R.A.  466. 


1038 


INDEX  TO  L.R.A.  NOTES. 


PARTNERSHIP,  VII.  a— cont'd 

Duty   of   partnership   toward   employees   as 

to  changes  of  personnel  of  partnership. 

6  L.R.A.  807. 
Admissibility  in  evidence  of  entries  in  books 

of  account  bv  liquidating  partner.     52 

L.R.A.   846.  * 

§   30.  Notice  of.  " 

Necessity  for  notice  of  dissolution  to  pre- 
vent continuing  partner  from  reviving 
barred  debt.     15  L.R.A.  659. 

Necessity  of  actual  notice  of  retirement  of 
member  of  firm  to  relieve  retiring  mem- 
ber from  liability  on  obligation  renewed 
after  his  retirement.  4  L.R.A.  (N.S.) 
800. 

§  31.  Rights  and  powers  of  partners. 

Actions  between  partners  after  dissolution 

see  infra,  §  57. 
Power    to    interrupt    limitations   after    dis 

solution,  see   Limitatiox   of   Actioxs. 

§  62. 

Power  to  revive  firm  debt  after  dissolution, 

15  L.R.A.  656. 
Right  of  subrogation  of  partner  who  pays 

firm  debt  after  dissolution.     54  L.R.A. 

617. 
Division   oif   partnership    assets   where   one 

partrier      contributes      services      onlv. 

L.R.A.1917E,  877. 
Where  partnership  is  dissolved  by  breaking 

out  of  war  between  countries  of  respec- 
tive parties.     L.R.A.1917C,  669. 

§   32.  — as  to  commercial  paper. 

Power  of  member  of  dissolved  firm  to  bind 
other  members  by  a  note  given  in 
payment  of  a  firm  debt.  32  L.R.A. 
(N.S.)  255. 

Revival  of  partnership  debt  after  dissolu- 
tion by  one  partner  giving  note.  15 
L.R.A.  660. 

Assumption  of  debts  on  dissolution  of  part- 
nership, by  new  firm's  note  for.  9 
L.R.A.(N.S.)  65. 

Acceptance  of  note  for  old  debt  on  dissolu- 
tion of  firm  as  indicating  creditor's 
consent  to  assumption.  9  L.R.A. (N.S.) 
86. 

Acceptance  of  note  of  .  partner  assuming 
debts  on  dissolution  of  firm  as  release 
of  other   partner.     9   L.R.A. (N.S.)    92. 

§   33.  —as  to  good  "wilL 

Name  of  business  establishment  as  part  of 
good  will  on  dissolution.  15  L.R.A. 
463. 

§34.  — of  liquidating  or  continuing 
partner. 

Power  of  liquidating  partner  to  revive  firm 
debt.    15  L.R.A.  660. 

Power  of  continuing  partner  over  partner- 
ship real  estate.     28  L.R.A.  98. 

§   3  5.  — right   to  compensation. 

Right  of  partner  to  compensation  for  serv- 
ices in  winding  up  firm  business.  17 
L.R.A.(N.S.)  396;  L.R.A.1917F,  576. 

Begin  with  this  hooik.  on  every  latv  question. 


PARTNERSHIP,  VII.  a— cont'd 

§3  6.  Liabilities  of  partners  generally. 

Liability  under  continuing  guaranty  run- 
ning to,  for  goods  sold  or  credits  ex- 
tended after  a  change  in  the  firm.  14 
L.R.A.(N.S.)    1231. 

Liability  of  retiring  member  of  mining  part- 
nership for  debts  subsequently  incurred. 
22  L.R.A.  (N.S.)   851. 

Liability  of  one  who  sells  business,  for  sup- 
plies subsequently  furnished  therefor 
on  credit,  while  it  is  being  conducted 
under  the  same  name.  L.R.A.1915F, 
711. 

Liability  of  corporation  formed  by  firm  for 
debts  of  old  concern  in  absence  of  ex- 
press assumption  or  fraud.  29  L.R.A. 
(N.S.)    589. 

Specific  performance  of  contract  to  give 
securitv  to  one  partner  against  liabil- 
ities of  firm.     6  L.R.A. (N.S.)   591. 

§3  7.  Assumption  of  debts. 

Assumption  of  individual  debts  by  firm, 
see  supra,  §  13. 

Assumption  of  debts  on  dissolution  of  part- 
nership. 25  L.R.A.  274;  9  L.R.A. (N.S.) 
49;  48  L.R.A.(N.S.)   547. 

Right  of  action  by  tliird  person  on  agree- 
ment to  assume  partnership  debts.  25 
L.R.A.  274. 

Assumption  by  new  firm  of  debts  of  old 
firm.     29  L.R.A.  694. 

§   38.  Effect  of  dissolution   generally.  ■ 

Dissolution  of  partnorsliip  authorized  to  act 
as  agent  as  termination  of  agencv.  23 
L.R.A. (N.S.)  849;  L.R.A.1915C,  576. 

On  taxation  of  partnersliip  propertv-  22 
L.R.A.  478. 

§   39.  Matters  as  to  commercial  paper. 

Power  of  ])artner  as  to,  see  supra,  §  32. 
By  surviving  partner,  see  infra,  §  45. 

Effect  of    naming   dissolved    firm   as   payee 
in    negotiable    instrument.      22    L.R.A. 
(N.S.)    50/. 
Commercial  paper  after  dissolution  of  part- 
nership as  payment  of  firm  debt. 
*    35  L.R.A. (N.S.)   55. 


h.  By  death. 
1.  In  general, 

§   40.  Generally. 

Continuation  of  partnership  owning  real 
estate  after  death  of  partner.  28  L.R.A. 
106. 

Name  of  business  establishment  as  part  of 
good  will  on  dissolution  by  death.  15 
L.R.A.  463. 

Dissolution  by  death,  of  partnership  au- 
thorized to  act  as  agent,  as  termination 
of  agency.     23  L.R.A. (N.S.)    850. 

Termination  of  contract  of  employment  by 
death  of  member  of  emploving  firm.  21 
L.R.A. (N.S.)   919. 


INDEX  TO  L,R.A.  NOTES. 


1039 


rARl^ERSHIP,  VII.  b— cont'd 
2.  Surviving  partner. 

§    11.  Generally. 

Admissibility  in  evidence  of  entries  in  books 
of  account  by  surviving  partner.  52 
L.R.A.  846. 

§  42.  Rights  and  powers  of  surviving 
partner. 

Position  and  powers  of,  with  respect  to 
partnership  real  estate,  see  supra,  §  23. 

Validity  of  agreement  that  surviving  part- 
ner shall  have  the  partnership  business 
or  property.     L.R.A.1918B,  907. 

Right  of  subrogation  of  partner  who  pays 
firm  debt  after  death  of  copartner.  54 
L.R.A.  621. 

Surviving  partner  as  creditor  of  firm.  28 
L.R.A.  132. 

liight  of  surviving  partner  to  purchase  ad- 
ditional goods  in  closing  up  business. 
L.R.A.1917C,  170. 

§   4  8.  — right  to  compensation. 

Right  to  compensation.  17  L.R.A. (N.S.) 
399;   L.R.A.1917F,  577. 


§   44.  Duties  of. 

Duties  of.     7   L.R.A. 


790.* 


§   4  5.  Commercial    paper   by. 

Note  by,  as  payment  of  firm  indebtedness. 
35  L.R.A.  (N.S.)   54. 

3.  Estate  of  deceased  partner. 

§   46.  Generally. 

Rights  of  estate  of  law  partner  in  compen- 
sation for  business  unfinished  at  time 
of  his  death.     66  L.R.A.  821. 

Contingency  of  partner's  claim  for  contribu- 
tion as  affecting  presentation  of  claim 
against  deceased  partner's  estate.  58 
L.R.A.  89. 

%   4  7.  Rights  as  to  real  estate. 

Deceased  partner's  widow's  right  of  dower 
in  partnership  real  estate,  see  supra, 
§  21. 

Rights  of  heirs  of  deceased  partner  in  part- 
nership real  estate,  see  supra,   §  22. 

Powers  of  personal  representative,  see  infra, 
S  49. 

Purcliase  of  deceased  partner's  interest  in 
real  estat*.    28  L.R.A.  99. 

§  48.  Powers  of  personal  representa- 
tive. 

See  Executors  and  Administrators,  §  14. 

g  49.  —as  to  real  estate. 

See  ExECTJTORS  and  Administbatobs,  §  14a. 

c.  Accounting. 

%   50.  Generally. 

Statement  of  accounts.     27  L.R.A.  820. 
Division   of   partnership   assets   where   one 

partner      contributes      services      only. 

L.R.A.1917E,  877. 
Consult  also  L.R.A.  Digests  of  Cases. 


PARTNERSHIP,  VII.  c— cont'd 

Accounting  and  contribution  between  mem- 
bers of  partnership  which  is  illegal  or 
which  has  been  engaged  in  illegal  busi- 
ness. 23  L.R.A.{N.S.)  478;  L.iLA. 
1917A,  446. 

Effect  of  retention  of  statement  of  account 
by  partner  to  render  it  an  account 
stated.     29  L.R.A.  (N.S.)   341. 

Jurisdiction  of  court  of  equity  over  suit  for 
a  partnership  accounting  in  respect  of 
land  in  another  jurisdiction.  23  L.R.A. 
(N.S.)   924. 

Failure  to  account  to  partnership  for  part- 
nership funds  as  theft,  larcenv,  or  em- 
bezzlement.    31   L.R.A. (N.S.) '822. 

Liability  of  one  party  to  an  arrangement 
to  share  profits  from  gambling  for 
money  lost  by  a  third  person  to  the 
other  party.     23  L.R.A. (N.S.)   522. 

Duty  to  account  for  profits  realized  from 
transactions  independent!}'  of  firm. 
52  L.RA.(N.S.)    389. 

Duty  to  account  for  premiums  paid  for  in- 
surance on  the  life  of  a  partner.  L.R.A. 
1918B,  336. 

Right  of  creditor  of  individual  partner  or 
of  his  estate  to  appear  in  proceedings 
for  the  accounting  and  settlement  of 
the  partnership  estate.  L.R.A.1917B, 
1047. 

Right  of  one  partner  to  maintain  action 
for  conversion  against  another  in  ab- 
sence of  accounting.  L.R.A.1918F, 
1125. 

§   51.  Right  to  interest. 

Allowance  of  interest  in  partnership  ac- 
counting.    9  L.R.A.  425.* 


VIII.  Actions;  judgments, 
a.  In  general, 

§   52.  Generally. 

Partnership  books  of  account  as  evidence, 

see  Evidence,  §  140. 
Partners  as  parties  defendant,  see  Parties, 

§  29. 
Heirs  of  partner  as  parties  defendant,  see 

Parties,  §  30. 

Partner  or  partnership  as  real  party  in 
interest  by  whom  action  must  be 
brought.     64  L.R.A.  612. 

Defenses  in  action  for  debts  assumed  on  dis- 
solution of  partnership.  9  L.R.A. (N.S. ) 
111. 

Exhaustion  of  remedy  as  to  partners  as 
condition  precedent  to  creditors'  bill. 
23  L.R.A. (N.S.)   99,  100,  110,  111. 

Removal,  because  of  separable  controversy, 
of  actions  on  partnership  liability.  5 
L.R.A.  (N.S.)   98. 

§   53.  Erroneous  description  In  process. 

Effect  of  erroneously  describing  defendant 
in  process  as  a  corporation  instead  of 
an  individual  or  partnership.  40  L.R.A. 
(N.S.)  566. 


1040 


INDEX  TO  L.R.A.  NOTES. 


PARTNERSHIP,  VIII.  a— cont'd 
§   54.  Service  of   process. 

Validity  of  constructive  service  upon  part- 
nership in  firm  name.  29  L.R.A.(N.S.) 
287. 

Injunction  against  judgment  for  matters 
relating  to.     31  L.R.A,  206. 

§   55.  Suit  in  firm  name. 

May   a   partnersliip   sue   or  be  sued   in  the 
firm   name.     29   L.R.A.  (N.S.)    282. 

§   56.  Judgment. 

Form  of  judgment  under  statute  permit- 
ting action  to  proceed  upon  service  of 
less  than  all  the  partners.  43  L.R.A. 
(N.S.)    540. 

Constitutionality  of  statute  authorizing  per- 
sonal judgment  against  joint  debtors 
upon  personal  service  upon  one  or  more. 
50  L.R.A.  595. 

Who  may  have  judgment  against  partners 
set  aside.     54  L.R.A.  763. 

Injunction  against,  for  matters  relating  to 
service.     31  L.R.A.  206. 

Injunction  against  judgment  entered  against 
partners  on  confession.  .  30  L.R.A,  240. 

b.  Suits  between  partners. 

%   5  7.  Generally. 

Accounting  between  partners,  see  supra,  §§ 
,'>0,  51. 

Effect  of  arbitration  agreements  between 
partners.     47   L.R.A. (N.S.)    373. 

Power  to  sue  partner  with  respect  to  part- 
nership real  estate.     28  L.R.A.  98. 

Partnership  earnings  of  ship;  admiralty 
jurisdiction.     66  L.R.A.   235. 

Garnishment  of  uncertain  amount  due  from 
one  partner  to  the  other.  59  L.R.A. 
377. 

Right  of  one  partner  of  dissolved  firm  to 
maintain  action  at  law  against  another 
for  fraud  practised  upon  dissolution 
with  respect  to  assets.  6  L.R.A. (N.S.) 
263. 

Arbitrary  or  mala  fide  termination  of  part- 
nership as  basis  of  action  in  tort.  25 
L.R.A.(N.S.)  959. 

Right  to  invoke  aid  of  court  to  determine 
rights  to  property  accumulated  in  com- 
mon by  parties  living  in  illicit  rela- 
tions.   36  L.R.A. (N.S.)  838. 

Right  of  one  partner  to  maintain  action  for 
conversion  against  another  in  absence 
of  accounting.     L.R.A.1918F,   1125. 

Right  to  arrest  partner  in  civil  action  or 
proceeding.     4  L.R.A. (N.S.)    130. 

Removal  of  action  because  of  separable 
controversy.     5   L.R.A. (N.S.)    87. 

IX.  Limited  partnership. 

§   58.  Generally. 

Exhaustion  of  remedy  at  law  as  condition 
precedent  to  creditors'  bill  against  spe- 
cial partnership.     23  L.R.A.  (N.S.)    111. 

Admissibility  of  partnership  books  of  ac- 
count against  special  partner.  52 
L.R.A.  841. 


PART  OWNER. 

Right    of    municipality,  to    be.      35    L.R.A. 
737. 


^»» 


PART   PAYMENT. 

See  Pabtial  Payment. 


♦  •» 


PART    PERFORMANCE. 

To  take  contract  out  of  statute  of  frauds, 
see  Contracts,  §§  55-59. 

Effect  of  part  performance  of  contract  gen- 
erally, see  Contracts,  §§  129,  137,  138. 

Servant's  right  to  wages  in  case  of,  see 
Master  and  Servant,  §§  25,  26. 

Effect  of,  on  right  to  specific  performance 
of  contract,  see  Specific  Performa?jce, 
§    13. 

♦•» 


PARTY  EMBLEM. 

On  ballots,  see  Elections,  §  19. 


PARTY  TICKET, 


When  does  vacancy  in  party  ticket  occur 
within  statute  aatitorizing  the  filling 
of   vacancies.   41   L.R.A- (N.S.)    1088. 


PARTY  WALL. 


Begin  with  this  book  on  every  laxv  question. 


§    1,  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  132. 

Covenant  as  to,  running  with  the  land.  2 
L.R.A.(N.S.)    87. 

Privity  of  estate  between  adjoining  owners 
in.     66  L.R.A.  683. 

Liability  of  insurer  for  value  of.  20  L.R.A. 
(N.S.)  226. 

Employer's  liability  for  injury  to  adjoining 
owner  through  independent  contractor's 
negligent  execution  of  work  connected 
with.     65  L.R.A.  851. 

Employer's  liability  for  independent  con- 
tractor's delay  in  rebuilding.  66 
L.R.A.  154. 

Liability  of  landlord  where  tenant's  prop- 
erty is  damaged  through  interference 
with  party  wall  of  adjoining  owner 
under  agreement  with  landlord.  24 
L.R.A. (N.S.)   424. 

Liability  of  part  owner  to  other  owner  for 
damages  from  fall  of,  or  injury  to, 
party   wall.     L.R.A. 1915E,  920. 

§   2.  Use  of;  easement  In. 

Creation  of  easement  of.  bv  severance  of 
tract   of    land.      26    L.R.A. (N.S.)    366, 


INDEX  TO  L.R.A.  NOTES. 


1041 


PARTY  WALL— cont'd 

Acquisition,  by  prescription,  of  party-wall 
easement  in  common  division  wall.  18 
L.R.A.(N.S.)    131. 

Effect  of  destruction  of  building  to  termi- 
nate adjoining  owner's  easement  of  sup- 
port. 19  L.R.A.(N.S.)  883;  46  L.R.A. 
(N.S.)  1021. 

Effect  of  extending  boundary  wall  onto  ad- 
joining property  beneath  the  surface, 
upon  rigiit  of  adjoining  owner  to  use 
it.     11   L.R.A.  (N.S.)    924. 

Right  to  open  windows,  or  other  anertures, 
in  a  party  wall.     10  L.R.A. (N.S.)   1191. 

Riglit  to  close  windows  or  other  apertures 
in  party  wall.     49  L.R.A.  (N.S.)    194. 

Closing  or  opening  windows  or  other  aper- 
tures in  party  wall  as  an  eviction  of 
tenant.     49  L.R.A. (N.S.)    3(59. 

Right  to  use  party  wall  for  pur^joses  other 
than  a  building  or  structure.  16  L.R.A. 
(N.S.)   434. 

§   3.  Destruction  of,  or  addition  to. 

Right  of  one  party  to  raise  height  of.     20 

L.R.A. (N.S.)  386. 
Liability  of  part  owner  to  other  owner  for 

damages    from    fall    of.     L.R.A.1915E, 

926. 

§   4.  Contribution   to   cost   of. 

\^'hat  use  of  party  wall  will  render  adjoin- 
ing owner  liable  to  contribute  to  cost. 
0  B.  R.  C.  455. 

Utilization  by  lessee  of  party  wall  as  affect- 
ing lessor's  duty  to  contribute  to  cost 
thereof.     L.R.A.i917B,  960. 

Duty  of  lessor  to  reimburse  lessee  for 
amount  which  latter  contributes  to 
cost  of  party  wall.  24  L.R.A.  (N.S.) 
293. 

Is  mere  existence  of  party  wall  sufficient  to 
charge  grantee  with  notice  of  agreement 
by  predecessor  to  contribute  to  cost  in 
event  of  using  wall.  24  L.R.A. (N.S.) 
1038. 

§  5.  —  enforcement  of  obligation  to 
contribute  to  cost  of,  by  or  against 
grantees,  or  successors  in  title. 

In  general.    66  L.R.A.  674. 

Obligation    based    on    contract.      66    L.R.A. 

675. 
Noncontractual  obligations.     66  L.R.A.  705. 


PASS. 


See  Cabriebs,  §§  23,  29. 


PASSAGE. 


Of  statute,  see  .Statutes,  §§  .3-7. 
('onsult  also  L.R.A.  Digests  of  Cases. 


PASSAGEWAY. 

Mandator}'  injunction  for  removal  of  ob- 
structions to.     20  L.R.A.   102. 

Right  to,  as  way  of  necessity  where  other 
possible  modes  of  access  exist.  17 
L.R.A.  (N.S.)  1023. 

Landlord's  liability  as  to  condition  of.  23 
L.R.A.  155;  3  L.R.A. (N.S.)   316. 

Municipal  liability  for  defects  or  obstruc- 
tions in  passageways  in  public  build- 
ings.    20  L.R.A.  (N.S.)    573. 

Abutting  owner's  right  to  continue  enjoy- 
ment of,  across  highway.  12  L.R.A. 
(N.S.)   918. 

Duty  to  keep  clear  passageways  in  theater. 
"42  L.R.A.(N.S.)  1075;  L.R.A.1915F, 
698. 


PASS  BOOKS. 


Negligence  in  examination  of,  see  Banks,  § 
24. 

Admissibility    of,    in    evidence.      52    L.R.A. 

602. 
Deposit  entries  in,  as  contracts  within   the 

rule  against  parol  evidence  to  vary  or 

contradict    written    contracts.      L.R.A. 

1918B,  ,300. 
Right   to    withdraw    deposit    from    savings 

bank    without    presenting.     46     L.R.A. 

(N.S.)    194. 


PASSENGER. 


See  Automobiles;   CARRiEnis,  III.;   Eleva- 
tors, 11. 


PASSENGER  EL.EVATORS. 

See  Elevators,  §§  2-8. 
♦*» 

PASSENGER   TRANSFER  CO. 

Right  of  carrier  to  grant  exclusive  train 
privilege  to.  32  L.R.A.(N.S.)  1181; 
L.R.A.1917F,  1085. 


PASSION. 


66 


Responsibility   for   crime   committed    in    fit 

of,  see  Criminal  Law,  §  11, 
Homicide  in  heat  of,  see  Homicide,  §  32. 

As    proof    of    incapacity    of    testator.      27 
L.R.A..(N.S.)  61. 


1042 


INDEX  TO  L.R.A.  NOTES. 


PASSIVE  NEGLIGENCE. 

Liability  to  trespasser  or  bare  licensee  for 
active  as  distinguished  from  passive 
negligence.     36  L.R.A.(X.S.)   492. 


^•» 


PASS   WAY. 

See  Passageway. 

♦-*♦ 


PAST  DUE  DEBT. 

Does  last  payment  on  past  due  debt  secured 
by  mortgage,  which  debt  subsequently 
becomes  barred,  tix  the  period  from 
which  the  limitation  applicable  to  the 
•  mortgage  is  to  be  computed.  11  L.R.A. 
(N.S.)    744. 


PASTEURIZATION. 

Talidity    of    regulations    as    to    pasteuriza- 
tion of  milk.    L.R.A.1917C,  249. 


PAST  LEGAL  CONSIDERATION. 

Moral  obligation  arising  from,  as  considera- 
tion for  promise.  53  L.R.A.  371;  26 
L.R.A.  (N.S.)   526. 


PAST    OFFENSE. 


Liability  of  officer  making  arrest  for. 
L.R.A.  211. 


51 


PASTOR. 


See  Religious  Societies,  §§  6-9. 


PAST  SERVICES. 


Moral  obligation  arising  from,  as  considera- 
tion for  promise.  53  L.R.A.  373;  26 
L.RA.(N.S.)  526. 


PAST  SUPPORT. 


Moral  obligation  arising  from,  as  considera- 
tion for  promise.  53  L.RA.  305,  358; 
26L.R.A.(N.S.)  620. 


PATENTABILITY. 


PATENT  A>IBIGUITIES. 

As  to  land  in  will,  correction  of.     6  L.R.A. 
(N.S.)   942;  L.R.A.1915E,  1008. 


PATENT    MEDICINE. 

Misfepresentation  as  to,  as  affecting  valid- 
ity of  trademark,     19  L.R.A.  55. 

Validity  and  effect  of  statutes  prohibiting 
or  regulating  sale  of.  30  L.R.A. (N.S.) 
520. 


PATENT    RIGHTS. 

See  Patents. 

«-»> . 


I. 
II. 


III. 


IV. 


PATENT^. 

In  gei,eval,  §§  1-5. 
Patentability  of  inventions;  inter- 
ference, §§   6-10. 
Sale;   license;  assignment,   §§   11- 

14:. 

Infringement,   §§   13-17. 
I.  In   general. 


Of  invention,  see  Patent,  II. 

Begin  toith  this  hooTc  on  every  law  question. 


§   1.  Generally. 

Validity  of  contract  as  to,  see  Contracts, 
§  85. 

Rights  in,  as  between  master  and  servant, 
see  Master  and  Servant,  §  13. 

Monopolies  in  patented  articles,  see  Monop- 
oly AND  Combinations,  §  12. 

To  public  lands,  see  Public  Lands,  §  19. 

Tax  on  patent  rights,  see  Taxes,  §  28. 

Amortization  of  patent  rights  in  estimat- 
ing return  of  a  public  service  corpora- 
tion for  rate-making  purposes.  52 
L.R.A.  (N.S.)    50. 

Treatment  of  cost  of  patent  rights  in  esti- 
mating the  return  of  a  public  service 
corporation,  for  rate-making  purposes. 
52  L.R.A. (N.S.)    70. 

Improper  use  of  word  "patent"  as  affecting 
validity   of  trademark.     19  L.R.A.   54. 

Effect  of  Federal  anti-trust  law  on  patents. 
64  L.R.A.  713. 

Restraint  of  trade  in  patented  articles.  22 
L.R.A,  674, 

Inspection  of  patent  records,    27  L.R.A.  85. 

Payment  for  corporate  stock  with  unpatent- 
ed formula  or  invention.  16  L.R.A.  (N. 
S.)   520. 

As  affecting  bid  on  public  contracts.  6 
L.R.A.  (N.S.)   680. 

Validity  of  contract  for  material  patented 
or  held  in  monopoly  where  a  letting  to 
the  lowest  bidder  is  required.  40 
L.R.A. (N.S.)   990;  L.R.A.1917A,  442, 

Suits  against  officers  relating  to  patents, 
as  suits  against  the  state.  44  L,R,A. 
(N.S,)    217. 


INDEX  TO  L.R.A.  iNOTBS. 


1043 


PATENTS,   I.— cont'd 

As  an  element  in  taxation  of  capital  stock 
of  corporation.     58  L.R.A.  r)64. 

Conclusiveness  of  judjiment  as  between 
plaintiff  and  one  not  a  party  nor  privy 
who  voluntarily  conducted  defense  in 
patent  case.     37  L.R.A.(N.S.)    966. 

Insurance  against  loss  of  royalties.  L.R.A, 
1917C,  728. 

§    2.  Duration  of. 

First  and  last  davs  in  computing  time  for 
expiration  of."    49  L.R.A.  246. 

fj    3.  Rights  after  expiration  of. 

FJight  to  use  of  name  on  expiration  of.  16 
L.R.A.(N.S.)  550:  1  B.  R.  C.  649. 

§   4.  Notes  for  patent  right. 

Notes  for  patent  rights.     20  L.R.A.  605. 

Right  of  bona  fide  holder  of  note  given  for 
patent  right  that  does  not  indicate  its 
consideration  as  required  by  statute. 
10   L.R.A.  (N.S.)    842. 

Effect  of  knowledge  of  consideration  by  pur- 
chaser of  a  note  given  for  a  patent 
right  which  did  not  indicate  the  nature 
of  its  consideration  as  required  by  stat- 
ute.    24  L.R.A. (N.S.)    1057. 

Circumstances  sufficient  to  put  purchaser  of 
notes  given  for  patents  upon  inquiry. 
29   L.R.A. (N.S.)    385. 

§   5.  Jurisdiction. 

Quet;tion   relating   to,   as  Ffderal   question. 

62  L.R.A.  538. 
As   to   administration    of   Federal    laws    in 

state  courts,  generally.     48  L.R.A.  33. 


//.  Patentability    of   inventions;   inter- 
ference. 

§   6.  Generally. 

Patentability  of  method  of  transacting  busi- 
ness apart  from  tlie  means  for  carrying 
it  out.    24  L.R.A. (N.S.)  665. 

§    7.  Utility. 

Utility  of  invention.     5  L.R.A.  784.* 

§    8.  Combinations. 

For  combination.     12  L.R.A.  107.* 

« 

§  9.  Anticipation;  prior  knowledge  op 
use. 

Prior  use  or  sale  of  invention  as  affecting 
right  to  patent.     1  L.R.A.  48.* 

§    10.  Interference. 

Effect  in  collateral  proceeding  of  decision 
of  patent  office  on  issue  of  interference. 
24  L.R.A, (N.S.)  948. 


///.  Sale;   license;  assignment. 

%   11.  Generally. 

Notes  for  patent  right,  see  supra,  §  4. 
License   to  use   patent  or  patented  article, 

SCO  License,  §  3. 
Consult  al^o  L.R.A.  Digests  of  Cases. 


PATENTS,  III.— cont'd 

Specific  performance  of  contract  as  to. 
L.R.A. 191 8E,  617. 

Reliance  on  fraudulent  statements  as  to 
patent.     37  L.R.A.  613. 

Contract  by  municipality  for  use  of.  18 
L.R.A.  45. 

Validity  of  sale  of  patent  right  in  violation 
of  law.     12  L.R.A. (N.S.)   599. 

Implication  from  use  of  patented  article, 
of  promise  to  pay  royalty.  44 
L.R.A. (N.S.)    333. 

Validity  and  effect  of  agreement  to  pay 
royalties  on  device  not  in  fact  covered 
bv  a  patent,  but  assumed  to  be  so  cov- 
ered.    14  L.R.A.  (N.S.)    274. 

Right  to  sell  or  use  article  covered  by  do- 
mestic patent,  which  is  imported  from 
foreign  country.     27  L.R.A. (N.S.)   534. 

Forfeiture  of  license  by  aiding  infringement 
or  attempt  to  defeat  patent.  37  L.R.A. 
(N.S.)    821. 

Right  of  purchaser  to  make  alterations  in 
patented  article.     3  B.  R.  C.  337. 

§  12.  Restrictions  imposed  on  pur- 
chaser. 

Right  of  purchasers  to  sell  or  use,  free  from 

restrictions    affecting    it    in   hands 

of  vendor.     55  L.R.A.  633. 

Validity    of    contract    seeking    to    control 

price  at  which  a  patented  article  shall 

be   resold,      27    L.R.A. (N.S.)    401;    51 

L.R.A.(N.S.)    522;    L.R.A.1917A,    ICCC. 

§  13.  Power  of  state  to  restrict  or  reg- 
ulate sale  or  enjoyment  of  patent 
right. 

As  to  sales.    29  L.R.A.  786. 

Police    regulations    of    other    business    in 

which  patents  are  used.    29  L.R.A.  791. 
Restricting  right  of  action  for  infringement. 

29  L.R.A.  792. 
Taxation  of  patent  rights.     29  L.R.A.  792; 

57  L.R.A.  57. 

§14.  Assignment. 

Agreement  to  assign  future  inventions  on 
sale   of   patent.     2   L.R.A. (N.S.)    1094. 

Assignment  of  patent  rights  by  employee. 
5   L.R.A.(N.S.)    1180. 

Validity  of  note  for  patent  right  where  as- 
signment is  defective.     20  L.R.A.  606. 

IV.  Infringement. 

§15.  Generally. 

Measure    of    damages    for,    see    Damages, 

§§  19,  95,  112. 
Injunction  against,  see  Injunction,  II.  o. 

Effect  of  omitting  patented  mark.  66 
L.R.A.  449. 

Power  of  state  to  restrict  right  of  action 
for  infringement.     29  L.R.A.  792. 

Manufacture  and  sale  of  a  part  which  in  it- 
self is  unpatented,  as  infringement  of 
a  combination  patent  of  which  such 
part  is  an  essential  element.  23  L.R.A. 
(N.S.)    1027. 

Forfeiture  of  license  by  aiding  infringement. 
37    L.R.A. (N.S.)    821. 


1044 


INDEX  TO  L.R.A.  NOTES. 


PATENTS,  IV.— cont'd  | 

Conclusiveness  of  testimony  of  experts  in  | 
patent   cases.     42   L.R.A.    770. 

Decree  against  infringement  as  affecting  | 
right  of  patentee  to  proceed  against  I 
purcliasers  of  the  infringing  articles,  j 
L.R.A.1915F,  1101.  ! 

Judgment   as   to  validity  of  patent  as   res  j 
judicata   between    same   parties    in    ac- 
tions for  infringement.     6  B.  R.  C.  724. 

§    16.  Who  liable  for. 

Liability   of   officers   of   a    corporation    for. 

28  L.R.A.  423. 
Liability  of  county  for.     39  L.R.A.  73. 
Liability   of  school   district   or   corporation 

for     infringement.       49     L.R.A.(N.S.) 

1031. 

§    17.   Of  unpatented  article. 

Right  to  protection  against  use  by  rival  of 
.•similar  design,  shell  or  pattern  not  pro- 
tected by  patent.  19  L.R.A.  (N.S.) 
269;  37  L.R.A.(N.S.)   259. 

Unfair  competition  in  sale  of  article  not 
protected  by  a  patent  identical  with 
that  originated  by  competitor.  17 
L.R.A.(N.S.)    448. 


PATERNITY. 


Exhibition  of  child  in  bastardy  proceedings 
for  purpose  of  determining.  L.R.A. 
1917B,  1148. 


PATIENT. 


In  general,  see  Piiysician.s  and  Subgeoxs. 

Liability  for  detaining  patient  at  hospital 
aga'inst  his  will.    L.R.A.1915D,  611. 


PATRIOTIC  SOCIETY. 

Exemption   of   property  of,  from  taxation. 
26  L.R.A.  (N.S.)  707. 


PATROL. 

Liability    of    fire    insurance    patrol    for   in- 
juries.    21  L.R.A. (N.S.)   810. 

♦  •» 


PATRON— cont'd 

Liability  of  employer  for  malicious  act  of 
servant  towards.     4  L.R.A. (N.S.)    485, 

Liabiiitv  for  injury  to  clothing  worn  by.  43 
L.R.A. (N.S.)  "328. 

Right  of  individual  patron  to  question  rea- 
sonableness of  rate  of  public  utility  if 
within  limits  of  legislative  authority. 
L.R.A.1918A,  389. 


PATRONAGE. 


Solicitation  of,  at  railway  station,  see  Car-- 
RIEBS,  §§  150-153. 

Right  of  one  selling  good  will  of  profession- 
al practice  to  solicit  patronage  of  for- 
mer clients.     10  L.R.A. (N.S.)    1200. 


PATTERN. 


Right  to  protection  against  use  by  rival  of 
similar  pattern  not  protected  by  pat- 
ent. 19  L.R.A.  (N.S.)  269;  37  L.R.A. 
(N.S.)  2.59. 


PArPEii. 


See  Poor  and  i'oob  Law.s. 


PAUPER  S  OATH. 


Right  to  release  pending  appeal  from  con- 
viction upon  taking  p..upei"s  oatii. 
L.R.A.1916F,  ]0G. 


PATRON. 

Of     places    of     amusements,     see     Amuse- 
ments. 
Of  inn  or  restaurant,  see  Innkeepers. 
Of  livery  stable,  see  Livery  Stable. 

Right  of  vendor  of  business  and  good  will 
to  solicit  customers  from  patrons  of 
business  sold.     10  L.R.A. (N.S.)    767. 

Begin  with  this  booJ^  on  every  law  question. 


PAVEMENTS. 

See  Public  Improvements. 


■♦♦»■ 


PAVILION. 

Power    of    municipality    to    construct.      26 
L.R.A. (N.S.)   425. 


PAWNBROKER.S. 


Municipal  regulation  of.     32  L.R.A.  117. 

Municipal  power  over  business  of,  as  nui- 
sance.    38  L.R.A.  6r>7. 

Constitutionality  of  statute  limiting  hours 
of  pawnbrokers'  business.  44  L.R.A.. 
(N.S.)    1039. 


INDEX  TO  L.R.A.  NOTES. 


1045 


PAYMASTER. 

^Effect  of  insertion  of  unauthorized  provi- 
sions in  bond  of.    L.R.A.li)17B,  990. 

Penalty  as  limit  of  liability  on  bond  of. 
55  L.R.A.  393. 


PAYMENT. 


7.  Jn  general,  §§  1-5. 
II.  Medium  of,   §§   G-11. 
ill.  By  and  to   whom,   §§    12-16. 
IV.   Time  and  jjlace,  §§   17,   18. 
V.  Applieation  of,   §§   19-22. 
VI.  Effect  of,  §  23. 

I.  In    gcneval. 

§    1.  Generally. 

(^f  checks  by  bank,  see  Banks.  §§  23-25a. 

■Of  bill  or  note,  see  Bills  and  Notes,  §§  58- 
60. 

Of  checks  generally,  see  Cueck.s,  §  8. 

Of  wages,  constitutionality  of  legislation 
as  to,  see  Constitutional  Law,  §  86. 

Of  stock  subscriptions,  see  Corpokations, 
§§   81,   81a,   106. 

Of  compensation  in  eminent  domain  pro- 
ceedings, see  Eminent  Domain,   §   39. 

Of  execution,  see  Execution,  §  11. 

<^f  debts  of  decedent's  estate,  see  Execu- 
tors AND  Admimstratoks,  §  45. 

Of  insurance  premiums  or  assessments,  see 
Insurance,  §§  112-115. 

Of  judgment,  see  Judgment,  §§  74-77. 

Of  wages,  generally,  see  Master  and  Serv- 
ant, II.  g. 

Of  mortgage,  see  Mortgage,  VI. 

Of  part  of  cost  of  party  wall,  see  Pabtt 
Wall,  §§  4,  5. 

Of  purchase  money,  see  Pubchase  Money, 
§§   2,   3. 

Of  tax,  see  Taxes,  §§  64,  65. 

Of  usury,  see  Usury. 

Of  legacy,  see  Wills,  §  108. 

For  service  of  police,  see  Police,  §  3. 

Tor  use  of  telephone,  see  Telephones,  §  7. 

For  water,  enforcement  of,  see  Waters, 
§§  116,  117. 

Recovery  back  of  generally,  see  Assump- 
sit,"^ II. 

Recoverv  back  of  money  paid  out  by  bank, 
see 'banks,  §§  28,  29. 

Recovery  back  of  taxes  paid,  see  Taxes, 
§§  86,  87. 

As  condition  precedent  to  bringing  of  suit, 
see  Action  or  Suit,  §  11. 

Requiring  payment  in  advance,  see  Advan* 
CES,   §   6. 

Stopping  payment  of  check,  see  Banks, 
§  25a. 

Paying  out  deposits,  generally,  see  Banks, 
"  §  27. 

Presentment  of  bill  or  note  for  payment,  see 
Bills  and  Notes,  §§  43-53. 

Compelling  payment  of  costs,  see  Costs  and 
Fees,  §  10. 

Consult  also  L.R.A.  Digests  of  Cases. 


PAYMENT,  I.— cont'd 
Default  in,  see  Defaui.t. 
Demand  for.  see  Demand,  §  2. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  106. 
Guaranty  of,  see  Guaranty. 
Ignorance  of  partv  making,  see  Ignorance, 

§  3. 
Intent  as  to,  see  Intent,  §  10. 
Partial  payment,  see  Partial  Payment. 
Preference  in,  see  Preference. 
Priority  in,  see  Priority. 
Tender  of,  see  Tender. 

Banking  customs  as  to.    21  L.R.A.  440. 

Of  withdrawals  from  loan  association.  35 
L.R.A.  294. 

Of  fines  in  loan  association.    35  L.R.A.  221. 

Of  fees  to  witnesses.     39  L.R.A.   121. 

Liability  of  attorney  to  client  for  mistake 
as  to.    52  L.R.A'.  890. 

Effect  of  executor's  promise  as  to  payment 
of  legacy  on  trust  relations  of  legatee. 
9  L.R.A^(N.S.)-  214. 

Equitable  relief  against  forfeiture  of  grant 
or  devise  on  condition  of  payment  of 
money.     69  L.R.A.  842. 

Actual  payment  of  attorney's  fees  for  dis- 
solving injunction  as  essential  to  re- 
covery on  injunction  bond.  16  L.R.A. 
(N.S!)  76. 

Admissibility  of  parol  evidence  that  writ- 
ten instrument  for  payment  of  money 
was  executed  in  reliance  upon  parol 
promise  that  payment  was  subject  to 
a  condition  not  incorporated  therein. 
18  L.R.A.  (N.S.)   434. 

Of  consideration  as  a  condition  precedent 
to  suit  for  specific  performance  of  a 
contract  consummated  by  exercise  of  an 
option.     24   L.R.A.  (N.S.)    91. 

Effect  of  creating  testamentary  trust  for 
payment  of  debts.    5  L.R.A,  (N.S.)   355. 

Assumption  of  debts  on  dissolution  of  part- 
nership by  taking  assets  subject  to,  or 
for  purposes  of  payment  of  debts.  9 
L.R.A. (N.S.)   66;  48  L.R.A. (N.S.)   550. 

Right  to  open  default  judgment  to  let  in 
defense  of  payment.     L.R.A.1916F,  854. 

§   2.  What  constitutes  generally. 

Effect  of  judgment  against  garnishee  to 
merge  or  satisfy  liability  of  principal 
debtor.     47   L.R.A.   131.' 

Effect  of  appointment  of  debtor  as  executor 
or  administrator  to  discharge  debt  or 
charge  personal  representative  and  his 
sureties.     26  L.R.A. (N.S.)   411. 

Effect  of  intermarriage  between  debtor  and 
creditor  upon  indebtedness.  21  L.R.A. 
(N.S.)   683;  L.R.A.1915D,  1126. 

Payment  to  administrator  as  discharge  of 
debt  when  will  is  subsequently  discov- 
ered and  probated.  17  L.R.A. (N.S.) 
878. 

Work  in  fitting  up  for  delivery  as  payment 
of  price  to  take  contract  out  of  statute 
of  frauds.     15  L.R.A. (N.S.)    654. 

Deposit  of  money  by  debtor  in  mail  or  with 
carrier  as  a  payment.  L.R.A.1918A, 
534. 


1046 


INDEX  TO  L.R.A.  NOTES. 


PAYMENT,  I.— cont'd 

§  3.  Compelling  payment;  penalty  for 
delay. 

Mandamus  to  compel  payment  of  municipal 
debt  by  custodian  of  municipal  funds. 
14  L.R.A.  773. 

Right  to  refuse  telephone  service  to  coerce 
payment  of  bill.  30  L.R.A.  (N.S.) 
1027. 

Right  of  public  service  corporation  to  im- 
pose penalty  or  added  amount  for  fail- 
ure to  pay  service  bills  promptly.  31 
L.R.A.(N.S.)  329;  43  L.R.A.  (N.S.) 
63. 

Discontinuing  service  to  compel  payment  of 
water   bills.      31   L.R.A. (N.S.)    301. 

Forciblv  compelling  payment  of  debt  as 
robbery.     10  L.R.A. (N.S.)    744. 

Constitutionality  of  statute  imposing  pen- 
alty for  failure  to  pay  claim.  42 
L.R.A.  (N.S.)  102,  106;  L.R.A.1917B, 
926. 

§  4.  Kelssiie  of  instrument  after  pay- 
ment. 

Effect  of  reissue  of  bill  or  note  that  has 
been  paid  by  the  party  primarily  lia- 
ble thereon.    L.R.A.1918E,  170. 

Effect  of  fraudulent  reissue  of  bill  or  note 
which  has  been  paid.  28  L.R.A. (N.S. ) 
1066. 

Effect  of  assignment  of  mortgage  by  or  with 
consent  of  mortgagor  to  third  person 
after  pavment  of  debt  originally  se- 
cured.    27  L.R.A.(N.S.)-  111. 

§   5.  Evidence  of. 

Presumption  of,  see  Evidence,  §  106. 

Receipt  as  evidence  of  payment  as  against 
third  parties.    29  L.R.A.  737. 

Right  of  insurance  company  in  making  pay- 
ment of  proceeds  of  life  policy  to  rely 
on  clause  giving  company  option  as  to 
payee  and  making  receipt  conclusive 
evidence  of  pavment  to  proper  person. 
20  L.R.A.(N.S.')   928. 

IJ.  Medium  of. 

§   6.  Generally. 

What  may  be  accepted  in  payment  by  bank 
making  collections,  see  Banks,  §  34. 

Parol  agreement  as  to.     43  L.R.A.  458. 

Parol  evidence  that  payment  for  land  sold 
was  to  be  otherwise  than  in  money. 
20    L.R.A.    106. 

Admissibility  of  parol  evidence  as  to  man- 
ner or  means  of  paying  written  con- 
tract not  within  statute  of  frauds  pur- 
porting to  be  payable  in  money.  31 
L.R.A. (N.S.)  235. 

Accepting  something  besides  money  from 
bank  as  a  discharge  of  drawer  of  check. 
25  L.R.A.  200. 

Of  legacv,  conflict  of  laws  as  to  medium. 
2  L.iR.A.(N.S.)  468. 


PAYMENT,  II.— cont'd 

Special  contracts  and  obligations  to  make 

pavment  in  gold  or  silver.     29  L.R.A. 

512. 
Form   of   judgment   and   procedure   in   case 

of  liability  to  make  payment  in   coin. 

29  L.R.A.  593. 


§8.  —  worn  or  base  coin. 

Tender  of  old,  worn,  or  mutilated  coin. 
L.R.A.  824. 


33 


§    9.  Confederate  money. 

Award  on  contract  for  Confederate  money. 

58   L.R.A.   183. 
Injunction   against   enforcing  contracts  for 

Confederate  money.     48  L.R.A.  843. 


§    10.  Foreign  money. 

Note  pavable  in  foreign  monev. 
481." 


20  L.R.A. 


§    H.  Commercial  paper. 

Payment  bv  commercial   paper.     35  L.R.A, 
(N.S.)    1. 

Obligation  as  equivalent  of  payment,  for 
purpose  of  subrogation.  2  L.R.A. (N.S.) 
263. 

Check  as  payment  of  debt  wliere  drawee 
pays  to  unauthorized  person.  37 
L.R.A. (N.S.)   201. 

Acceptance  of  depositor's  check  by  bank  for 
obligation  due  it  as  affecting  bank's 
right  to  set  off  obligation  against  de- 
positor.    L.R.A.1916A,  685. 

Liability  for  accepting  check  from  agent  or 
fiduciarv  in  pavment  of  his  own  debt. 
52  L.R.A.  790.* 

Liability  of  creditor  who  accepts  as  pay- 
ment from  debtor,  check  of  third  per- 
son which  has  been  wrongfully  pro- 
cured by  debtor.     13  L.R.A.  (N.S"!)   273. 

Liability  of  bank  for  taking  check  in  pay- 
ment of  paper  held  for  collection.  3 
L.R.A.(N.S.)    1179. 

Right  of  one  who  takes  commercial  paper 
of  corporation  in  payment  of,  or  secu- 
rity for.  an  individual  debt  of  officer. 
31  L.R.A.(N.S.)169;  L.R.A.1918F,  1163. 

Garnishment  of  debt  after  delivery  of  check 
in  payment.     19  L.R.A.  475. 

Note  or  other  commercial  paper  of  individu- 
al partner  as  payment  of  firm  debt  not 
previously  assumed  by  him.  15  L.R.A. 
(N.S.)  1019;  51  L.R.A.  (N.S.)  358. 

Promissory  note  as  equivalent  of  paj'ment 
for  purposes  of  subrogation.  2  L.R.A. 
(N.S.)    263. 

Giving  note  as  loss  or  damage  within  con- 
dition of  contract  of  indemnity.  9 
L.R.A.(N.S.)  .478;  20  L.R.A.(N.S.) 
956;  48  L.R.A.  (N.S.)   195. 

Promissory  note  as  payment  of  insurance 
premium.    5  B.  R.  C.  365. 

Check  or  draft  as  payment  of  insurance 
premium.     L.R.A.1916A,  674. 

Check  as  a  payment  for  purpose  of  taking 
contract    out    of    Statute    of    Frauds. 
7.  Coin.  L.R.A.1918B,  902. 

Validity    of    contract    to    pay    in    gold    or  I  Failure  to  return   clieck  as   affecting  ques- 

silver.  see  Contracts,  §  89.  tion  of  payment.    L.R.A.1918C,  161. 

Begin  tvith  this  took,  on  every  laxv  question. 


INDEX  TO  L.R.A.  NOTES. 


1047 


PAYMENT,  II.— cont'd 

Garnishment  of  debt  after  delivery  of  check 

in  payment.    L.R.A.1917F,  396. 
At  what  time  does  a  partial  payment  made 

by  check  or  note  ari-est  the  running  of 

the  statute  of  limitations.     1  B.  R.  C. 

494. 

///.  By  and  to  whom, 

§12.  By  third  person. 

Authority  to  make  payment  of  bill  or  note, 

see  Bills  and  Notes,  §  60. 
By  volunteer,  see  Volunteer,  §  4. 

Promise  to  repav  third  person.  53  L.R.A. 
372. 

§    13.  —effect. 

The  effect  of  payment  of  a  debt  by  a  vol- 
unteer or  stranger  to  tlie  original 
undertaking.     23  L.R.A.  120. 
Effect  of  part  pavment.    20  L.R.A.  794 ; 
L.R.A.1917A",    724. 

§    14.  —  by  agent. 

Agent's  power  to  use  principal's  property 
for  payment  of  his  own  debt.  14 
L.R.A.  234. 

Liability  of  drawee  for  accepting  check 
from  agent  or  fiduciarv  in  payment  of 
his  debt.    52  L.R.A.  790. 

Right  of  one  who  knowingly  receives  from 
agent  principal's  money  in  payment  of 
the  agent's  own  debt,  but  which  he  be- 
lieves to  be  the  debt  of  the  principal. 
15  L.R.A.  (N.S.)   310. 

Assumption  of  debt  by  agent  as  payment. 
17  L.R.A.  (N.S.)   607. 

What  constitutes  payment  to  principal  of 
money  paid  agent  by  tliird  person  for 
principal.     23   L.R.A. (N.S.)    557. 

§    15.  To  whom. 

Who  may  receive  payment  of  judgment,  see 
Judgment,  §  75. 

Validity  of  provision  in  contract  for  pay- 
ment of  money  tliat  it  shall  be  payable 
to  obligee  only,  and  not  to  his  estate. 

17  L.R.A.(N.S'.)  1239. 

§    16.  —  to  agent. 

Agent's  authoritv  as  to  accepting  payment. 

19  L.R.A.  (N.S.)   324. 
Autliority  of  traveling  salesmen  to  receive 

payment.     18  L.R.A.  663. 
Authority  of  traveling  salesman   to  accept 

payment  in  anything  else  than  money. 

18  L.R.A.  666. 

Payment  to  agent  as  defense  to  an  action  by 
undisclosed  principal.  28  L.R.A. (N.S.) 
230;  L.R.A.1916A,  1215. 

Effect  of  fact  that  agent  does  not  have  pos- 
session of  securities  upon  question  of 
his  authority  to  receive  payment.  23 
L.R.A.  (N.S.)   414;  L.R.A.19i6B,  860. 

Payment  to  one  found  at  place  of  payment 
designated,  who  Avas  not  in  possession 
of  securities.    21  L.R.A. (N.S.)  52. 

.Consult  al8o  L.R.A.  Digests  of  Cases. 


PAYMEXT,  III.— cont'd 

Authority  of  sales  agent  who  is  authorized 

to   tolloct   the  whole   or   a  part  of   the 

■purcliase   price   on   making   the   sale   to 

receive  payments  afterward.     38  L.R.A. 

(N.S.)    700. 

Right  to  recover  from  asent  money  paid  him 
for  his  principal.  23  L.R.A.  (N.S.)  553; 
L.R.A.1916D,  1041. 

IV.  Time  and  place, 

%   17.  Time  of. 

Statutory  regulations  as  to  time  of  payment 
of  wages,  see  Master  and  Servant, 
§  31. 

Contemporaneous  agreement  as  to.  4.^ 
L.R.A.  456. 

Time  for,  on  part  performance  of  contract 
for  services.     24  L.R.A.  233. 

Right  to  regulate  time  of  payment  as  in- 
cident to  authority  to  make  rules  and 
regulations  as  to  testing  food.  39 
L.R.A. (N.S.)   686. 

Effect  on,  of  delivery  of  goods  f.  o.  b.  62 
L.R.A.  805. 

Effect  of  dav  for  pavment  falling  on  Sun- 
day.   3  B.  R.  C.  678. 

Time  of  payment  of  obligation  purporting 
to  be  payable  on  specified  event  the  hap- 
pening of  which  is  wholly  or  partially 
within  the  control  of  the  promisor. 
L.R.A.1917B,  1050. 

§18.  Place  of. 

Authority  of  agent  to  give  paper  for  loan  as 
to  place  of  payment.    L.R.A.1916C,  136. 

Alteration  of  note  by  inserting.  31  L.R.A. 
(N.S.)    643. 

Contemporaneous  agreement  as  to.  4.? 
L.R.A.  458. 

Place  where  debt  payable  as  affecting  juris- 
diction to  garnish  same.  3  L.R.A. 
(N.S.)  608;  20  L.R.A.  (N.S.)  264; 
L.R.A.1915F,  880. 

F.  Application   of. 

§   19.  Generally. 

As  between  principal  and  interest  when 
made  before  due.     15  L.R.A.  169. 

To  national  bank  as  affecting  question  of 
usury.     56  L.R.A.  701. 

Of  taxes  as  affecting  validity  of  ta.x  sale. 
20  L.R.A.  488. 

Application  by  bank  of  individual  part- 
ner's deposit  on  firm  debt.  23  L.R.A. 
111. 

Forger's  application  of  proceeds  of  check 
to  an  indebtedness  to  depositor  as  af- 
fecting bank's  right  to  charge  same 
against  depositor's  account.  25  L.R.A. 
(N.S.)    996. 

Application  of  doctrine  of  appropriation  of 
payments  to  effect  on  surety  or  en- 
dorser of  bank's  failure  to  apply  prin- 
cipal's deposit  to  account  on  note.  8 
L.R.A.(N.S.)   944. 

Effect  of  specific  application  of  payment  to 
last  item  of  open  account  on  statute  of 
limitations.     19  L.R.A.  (X.S.)    126. 


1048 


INDEX  TO  L.E.A.  NOTES. 


PAYMENT,  T.— cont'd 

Eflfect  on  application  of  payments,  of  as- 
sumption of  debts  on  dissolution  of 
partnership.     9  L.R.A.  (N.S.)    94. 

Riglit  to  apply  indebtedness  owed  by  cred- 
itor to  debtor  for  purpose  of  tolling 
statute  of  limitations.  42  L.R.A. (N.S.) 
1155;  L.R.A.1915E,  794. 

Basis  of  settlement  between  building  and 
loan  association  and  borrowing  mem- 
ber before  maturity  of  stock.  43  L.R.A. 
(N.S.)   874. 

Right  of  surety  upon  contractor's  bond  to 
have  payments  made  by  contractor  ap- 
plied to  the  contract.  L.R.A.1917C, 
637. 

§   20.  To  mortgage. 

Application  of  withdrawal  account  to  mort- 
gage given  to  loan  association.  35 
L.R.A.  204. 

Right  to  apply  payments  made  on  stock  in 
building  and  loan  association  upon 
mortgage  given  for  a  loan  by  the  same 
member.     29  L.R.A,  120. 

§  21.  Of  proceeds  of  sale  of  mortgaged 
property. 

Of  proceeds  of  involuntary  sale  so  as  to 
interrupt  running  of  limitations,  see 
Limitation  of  Actions,  §  67. 

Application  of  proceeds  of  sale  or  mort- 
gage of  future  crops.    23  L.R.A.  467. 

Application  of  proceeds  of  sales  of  mort- 
gaged merchandise  by  mortgagor  left 
in  possession.    18  L.R.A.  610. 

§   22.  Duty  as  to. 

Duty  to  see  to  application  of  purchase 
money,  see  Purchase  Money,  §  3. 

Duty  of  mortgagee  to  hold  proceeds  of  in- 
surance and  apply  them  on  indebted- 
ness as  it  falls  due.  10  L.R.A. (N.S.) 
1166. 

Duty  of  purchaser  from  conditional  vendee 
with  right  to  resell  to  see  that  the 
latter's  vendor  is  paid.  26  L.R.A. 
(N.S.)    585. 

VI.  Effect   of. 

§   23.  Generally. 

Effect    of    payment    by    third    person,    see 

supra,  §  13. 
Accord   and   satisfaction   by  part   payment, 

see  AccoED  and  Satisfaction,  §  3. 
Of  bill  or  note,  see  Bills  and  Notes,  §  59. 
Effect   of   payment  by  garnishee,   see  Gae- 

NISHMENT,    §    15. 
By  one  joint  debtor  as  release  of  other,  see 

Joint  Creditoks  and  Debtors,  II, 
Payment  of  judgment,  see  Judgment,  §  76. 
Effect   of,   to   stop    running   of   limitations, 

see  Limitation  of  Actions,  §§  65-67. 
Effect  of  payment  by  owner  to  contractor  on 

right  of  laborer,  subcontractor,  or  ma-  j 

terialman     to     lien,     see     Mechanics' 

Liens,  §  21. 
Effect  on  officer's  right  to  compensation  of 

payment   to  de  facto   officer,  see  Of^- 

cers,  §  37. 


PAYjNIENT,  VI.— cont'd 
Release  of  surety  by  payment  by  principal, 
see  Principal  and  Surety,  §  11, 

Of  existing  debt  as  consideration  for  new 
promise,     34  L,R,A,  33. 

Indorsement  of,  on  note,  as  affecting  nego- 
tiability.    38  L.R.A.  823. 

Effect  of  nominal  payment  of  bonus  stock. 
38  L.R.A,  492. 

For  corporate  stock  by  transfer  of  property 
as  protection  against  liability  to 
creditors  of  corporation.  42  L.R.A, 
593. 

Effect  of,  on  agreement  not  to  plead  statute 
of  limitations.     63  L.R.A.  203, 

Effect  of  payments  to  executor  or  adminis- 
trator under  letters  testamentary  or  of 
administration  subsequently  revoked  or 
set  aside.  21  L.R.A.  153;  43  L,R.A. 
(N.S.)    634. 

Payment  before  judgment  as  ground  of  in- 
junction against  judgment.  31  L.R.A. 
"770. 

As  affecting  right  to  injunction  against 
judgment  in  garnishment  proceedings. 
30  L.R.A.  303. 

By  principal  of  previous  drafts  drawn  upon 
him  by  his  agent  without  authority  as 
implied  autliority  to  draw  others.  34 
L.R.A. (N.S.)   440. 

Release  of  surety  on  building  contractor's 
bond  by  making  payments  not  author- 
ized by  the  contract.  5  L.R.A.  (N.S.) 
418. 

Payment  voidable  under  bankruptcy  act  as 
discharge  of  suretv,  guarantor,  or  in- 
dorser.     9   L.R.A. (N.S.)    581. 

Payment  of  original  assessment  for  con- 
struction of  local  improvement  as  es- 
toppel from  contesting  subsequent 
assessment  for  repair.  36  L.R.A. (N.S.) 
40, 

Effect  of  pavment  of  debt  on  Sunday,  15 
L,R,A,(is.S,)  243. 

Effect  of  assignment  of  a  claim  ex  delicto 
to  one  against  whom  it  was  asserted  to 
enable  him  to  maintain  an  action 
thereon  against  a  third  partv,  7  L,R.A. 
(N.S.)  534. 

Payment  of  debt  due  from  estate  as  affect- 
ing creditor's  right  to  letters  of  ad- 
ministration.     45    L.R.A. (N.S,)    237. 


PAYMENT   INTO   COURT. 


See  Tender. 


Begin   with  this  hook  on  every  iaiv  question. 


PEACE. 

Breach  of,  see  Breach  of  Peace. 
Municipal    control   over   nuisance   affecting, 
see  Municipal  Corporations,  §  40, 

Injunction  against  nuisances  affecting.  41 
L.R.A.  ,321. 

Evidence  of  specific  instances  to  prove  char- 
acter for  peace  of  victim  of  crime.  14 
L.R.A. (N.S.)   708. 


INDEX  TO  L.R.A.  NOTES. 


1049 


PEACE— cont'd 

Competency  of  witness  to  testify  as  to  repu- 
tation of  accused  for.  2  L.R.A.  (N.S.) 
553;  22  L.R.A.  (N.S.)    661. 

Character  and  reputation  for,  as  affecting 
homicide.     3  L.R.A. (N.S.)   368. 


PEACE   BONDS. 


What  conduct  will  work  a  forfeiture  of. 
L.R.A.  (N.S.)  186. 


40 


PEACE   OFFICER. 

Liability  of  sureties  on  bond  of,  see  Bonds, 
§§  12-15. 

Right  of,  to  carry  weapons  outside  his  dis- 
trict.    38  L.R.A.  (N.S.)    998. 

Liability  of  peace  officer  or  his  bond  for 
sliooting  a  person  while  attempting  to 
arrest  him.     51  L.R.A.  (N.S.)    1179. 

Homicide  by,  in  attempting  to  enforce  his 
commands  against  innocent  persons. 
L.R.A.1918D,  379. 

Liability  of,  for  making  arrest.  L.R.A. 
1915B,  505. 


PECUNIARY  CONDITION. 

Admissibility  of  books  of  acccount  to  prove. 
,52  L.R.A.  719. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  739. 

Evidence  of,  to  show  pecuniary  loss  to  par- 
ents by  death  of  child.  L.R.A.1918E, 
284. 


PECUNIARY   INTEREST. 

Necessity  of,  to  insurable  interest  in  life  of 

relative.     54  L.R.A.  225. 
Insurable   interest   of   brother   or    sister   in 

other's  life.     45  L.R.A.(N.S.)    982. 

♦-•-♦ 


PECUNIARY  LOSS. 

Evidence  to  show  pecuniary  loss  by  death 
of  person.  L.R.A.1918C,  1080,  1096, 
1111,  1122;   L.R.A.1918E,  278. 


PEDDLERS. 


Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  135. 

License  tax  on,  as  interference  with  inter- 
state commerce,  see  Commerce,  §  18. 

License  of,  generally,  see  License,  §  35. 

Municipal  control  over,  generally,  see  Mu- 
nicipal Corporations,  §  46. 

Who  is  a  peddler  or  hawker  within  statu- 
tory or  municipal  regulations. 
L.R.A.1916B,  1293. 

Consult  also  L.R.A.  Digests  of  Cases. 


PEDIGREE. 

Admissibility  of  hearsay  evidence  as  to,  see 
Evidence,  §  219. 

Entries   in   family   Bible  or  other   religious 
book  as  evidence.    41  L.R.A.  449. 


PENAL  BONDS. 

Form  of  judgment  on.    62  L.R.A,  427. 


PENAL  LAWS  AND  STATUTES. 

Enforcement  of  penal  laws  of  another  state, 

see  Conflict  of  Laws,  §  23. 
Construction  of,  see  Siatuies,  §§  25,  26. 

Jurisdiction  of  state  courts  to  enforce  Fed- 
eral penal  laws.  48  L.R.A.  39. 

When  rates  fixed  by  penal  statute  are  suf- 
ficientlv  definite  and  certain.  33  L.R.A. 
209. 

Private  action  for  violation  of.  L.R.A. 
1915E,  561. 


PENALTY. 


I.  In  general,  §§   1,  2 

11.    FOV    'nm^f.i^^ilm^    gid'iti 


general,  §§   1,  2. 

particular  acts  or  offenses,  §§ 

3-7. 


I.  In  general. 

§    1.  Generally. 

For  advertising,  see  Advertising,  §  3. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §   23. 

For  crime,  see  (  riminal  Law,  VI. 

Construction  of  penal  statutes,  see  Stat- 
utes, §§  25,  26. 

Validity  of  statutory  provision  for  attor- 
ney's fee  to  successful  defendant  in 
civil  action  for  a  penalty.  Ti.R.A.1915E,. 
949. 

Exemptions  as  against  penalties.  L.R.A^ 
1915A,  1214. 

Excessive  penalty  as  denial  of  due  process 
of  law.     40  L.R.A.  (N.S.)    1039. 

Exaction  of  penalty  for  acts  done  under 
supposed  sanction  of  law  as  violation  of 
due  process  of  law.    L.R.A.1916A,  1211, 

Right  of  agent  to  be  reimbursed  for  penal- 
ties paid  for  violation  of  law  in 
principal's  interest.  45  L.R.A. (N.S.) 
788. 

As  clement  of  compensation  to  be  paid  pub- 
lic utility  company  upon  taking  its 
plant.    47  L.R.A.  (N.S.)   7!)1,  795. 

Discretion  of  court  as  to  penalty  to  be  im- 
posed upon  a  corporation  for  violation 
of  law.     L.R.A.1915A,  892. 


1050 


INDEX  TO  L.K.A.  NOTES. 


PENALTY,  I.— cont'd 

Constitutionality  of  civil  service  provision 
for.     34   L.R.A.(N.S.)    483. 

Restraint  on  freedom  of  child  as  imposing 
-unequal  penalty.     18  L.R.A.(N.S.)   894. 

Must  penalty  in  aggregate  for  infringing 
copyrigiit  be  multiple  of  what  would 
be  given  for  each  separate  offense.  1 
B.  R.  C.  768. 

Suit  for  statutory  penalty  as  a  civil  or 
criminal  prosecution.  27  L.R.A.  (N.S.) 
739. 

Applicability  of  criminal  statutes  to  corpo- 
rations as  affected  by  nature  of  penalty. 
2  B.  R.  C.  245. 

Applicability  of  statute  of  limitations  relat- 
ing to  actions  for  penalty  to  action 
against  directors  of  corporation  for 
malfeasance  or  nonfeasance.  L.R.A. 
1917A,  986. 

Compulsory  evidence  against  one's  self  in 
case  of.     29  L.R.A.  813. 

Imprisonment  for,  as  imprisonment  for 
debt.    34  L.R.A.  651 ;  L.R.A.1915B,  647. 

Power  of  municipality  to  impose  additional 
penalty  on  what  is  also  an  offense  under 
state  law.     17  L.R.A. (N.S.)   56. 

Judgment  in  criminal  action  as  bar  to  civil 
action  to  enforce.     11  L.R.A. (N.S.)  667. 

Effect  of  repeal  without  saving  clause  of 
statute  permitting  recovery  of  pecun- 
iary penalty  on  prior  conviction  there- 
under.    23  L.R.A. (N.S.)    245. 

Implication  of  invalidity  of  contract  from 
penalty.     12  L.R.A.  (N.S.)    586. 

§   2.  Provision    lor,    in    contract. 

As  limit  of  liability  on  bond,  see  Damages, 
§  29. 

Penalty  or  liquidated  damages,  see  Dam- 
ages, §  38. 

For  delay  in  payment,  see  Payment,  §  3. 

For  taking  usury,  see  Usury,  §   15. 

Effect  of  providing  on  right  to  rescind  or 
abandon  contract  for  other  party's  de- 
fault.    30  L.R.A.  44. 

Validity  and  effect  of  provision  in  contract 
for  increased  rate  of  interest  upon  de- 
fault.   L.R.A.1916E,  726. 

//.  For  particular  acts  or  offenses. 

%   3.  Generally. 

Penalties  imposed  by  public  service  cor- 
poration to  enforce  prompt  payment, 
see  Public  Service  Corporations,  §  3. 

Who  is  entitled  to  penalties  for  delay  in 
paying  improvement  assessments.  47 
L.R.A.  (N.S.)    702. 

Agreement  for  lump  sum  on  payment  after 
maturity  as  a  penalty.     49  L.R.A.  551. 

Agreement  for  additional  amount  if  debt  is 
not  paid  at  maturity  as  a  penalty.  49 
L.R.A.  554. 

For  nonacceptance  of  office.     24  L.R.A.  493. 

For  refusal  of  inspection  of  books  of  cor- 
poration.   45  L.R.A.  457. 

For  improper  issuance  of  marriage  license 
or  performing  marriage  ceremony. 
L.R.A.1917E,  869,  873. 

Begin  tvith  this  hooTc  on  every  Imo  question. 


^PENALTY,  IL— cont'd 

Special  penalty  for  violation  of  Sunday  clos- 
ing act.     15  L.R.A. (N.S.)    646. 

May  stockholder  maintain  action  in  the 
right  of  the  corporation  to  recover 
penalty  imposed  by  the  Sherman  Act. 
L.R.A.1917E,  1006. 

To  enforce  orders  of  Public  Service  Commis- 
sions.    L.R.A.]  918E,  311. 

§    4.  As  to  flshingi 

For  illegal  fishing.     39  L.R.A.  590. 
For    interference    with    fishing    rights.      60 
L.R.A.  524. 

§   5.  Against   foreign   corporation. 

Effect  of  statute  prescribing  penalty 
against  unauthorized  foreign  corpora- 
tion upon  cori  tracts  made  bv  it.  24 
L.R.A.  316. 

Statutory  provision  for  penalty  as  affecting 
validity  of  contract  made  by  foreign 
corporation  without  complying  with  the 
statutory  conditions  of  doing  business. 
4  L.R.A. (N.S.)   688. 

§   5a.  Against   railroad   companies. 

As  carriers,  see  infra,  §  6. 

Constitutionality  of  penalties  imposed  on 
railroad  company  for  failure  to  fence 
tracks  or  build  cattle  guards.  31 
L.R.A. (N.S.)   863. 

Constitutionality  of  statute  imposing  pen- 
alty or  added  liability  for  failure  of 
railroad  companv  to  pav  claim.  42 
L.R.A. (N.S.)    102"^;   L.R.A.i917B,  929. 

Penal  responsibility  for  blocking  street  or 
highway  crossing.    L.R.A.1915B,  329. 

§    6.  Against  carriers. 

Against    passenger    carrier,    see    Carriers, 

§  99. 
Against    carrier    of    freight,    see    Carriers, 

§  146a. 

§   7.  Against   telegraph   company. 

For  delay  in  delivery  of  telegram.  53  L.R.A. 
738. 

State  statutes  imposing  penalties  on  tele- 
graph companies  for  not  transmitting 
and  delivering  messages  properly.  31 
L.R.A.  807. 


PENDENCY. 


Of   action   to    abate   suit,   see   Abatement 

AND  Revival,  §§  5-7. 
Of  action  generally,  see  Lis  Pendens. 


PENDENTE  L.ITE. 


See  Lis  Pb:ndens. 


INDEX  TO  L.R.A.  NOTES. 


1051 


PENDING  ACTION. 

Effect  of  repeal  of  statute  on,  see  Statutes, 

§  34. 
See  also  Pendency. 


PENITENTIARY. 

See  Jails  and  Prisons. 


PENSION. 


§  7. 


Exemption   of,   see   Exemption, 

To  polic'o,  see   Police,   §   2. 

Eor  school-teaeliors,.  see  Schools,  §   19. 

Consideration  of,  in  estimating  amount  of 
permanent  alimony.  44  L.R.A.  (N.S.) 
1004. 

Kiglit  of  woman  to  be  pension  agent.  38 
L.R.A.  213. 

Congressional,  regulation  of  charges  on  pen- 
sion  claim.     33   L.R.A.   182. 

Effect  of  receipt  of,  to  mitigate  damages  for 
wrongful  death.     67   L.R.A.  94. 

Xature  and  circumstances  of  injury  as  af- 
fecting right  to  siiare  in  pension  or  in- 
surance fund  for  policemen  and  firemen. 
20  L.R.A.  (N.S.)    1176. 

Power  of  legislature  to  require  munici- 
pality to  pension  employees.  34  L.R.A. 
(N.S.)  60S. 

JVIandamus  to  restore  to  office  one  who  has 
retired  on  pension.  19  L.R.A. (N.S.) 
80. 

Validity  of  pension  or  bounty  to  Confed- 
erate soldiers.     45  L.R.A.  (N.S.)    692. 

Vested  right  in.     50  L.R.A. (N.S.)   1018. 


PENSION  AGENT. 

Right  of  woman  to  be.     28  L.R.A.  213. 


PEONAGE. 


Constitutionality  of  imprisonment  for 
breacli  of  contract  of  labor  or  rental. 
21  L.R.A.(N.S.)    242. 


PEOPLE. 

Delegation     of     legislatiye     power 
Constitutional  La\v,  §  12. 


to,    see 


PEK  CAPITA. 


Distribution     per     capita    under    will,    see 

Wills,  §  98. 
Consult  also  L.B.A.  Digests  of  Cases, 


PERCOLATING  WATER. 

See  Watebs,  §§  72-77. 

<»•» 

PER  DIEM. 

Claim  against  state  for.     42  L.R.A.  40. 
♦  •» 


PEREMPTORY  INSTRUCTIONS. 

See  Trial,  §§  56-59,    ■■..-.n  ,     ' 


PERENNIAL  CROPS. 

Measure  of  damages  for  injury  to  or  de- 
struction of.  23  L.R.A.(N.S.)  310;  37 
L.R.A.(N.S.)  977;  49.  L.R.A.  (N.S.) 
415. 

«-•-» 


PERFORATED  ROLLS. 

Perforated  rolls  and  wax  cylinders  as  in- 
fringements of  copyright  of  sheet 
music.     2  B.  R,  C.  91. 


♦  •  » 


PERFORMANCE. 

Of  contract,  generally,  see  Conteacts,  V. 

Part  performance  of  oral  contract,  see  CoN- 
tbacts,  §§  35-59. 

Specific  performance,  see  Specific  Per- 
formance. 

Of  agreement  for  conveyance  of  land,  see 
Vendor  and  Purchaser,  §  9. 


PERIODICAL  APPROPRIATION. 

Of  wafer.    46  L.R.A.  175. 

»  «  » 

PERIODICALS. 

Rights  of  employer  and  employee  with  re- 
spect to  M'ork  done  for.     1  B.  R.  C.  330. 

Master's  riglits  in  respect  to  employee's 
work  upon.    5  L.R.A. (N.S.)  1190. 


PERISHABLE   PROPERTY. 

§    1.  Carrier's  duty  and  liability  as  to. 

Loss    or    damage    due    to    initial    carrier's 

own   negligence   or   breach    of   contract. 

31   L.R.A. (N.S.)    84. 
Liability  of  carrier  for  damages  to,  because 

of  defects  in,  or  improper  condition  of, 

car.    L.R.A.191.7C,  512. 
Carrier's  duty  to  carry,  in  refrigerator  cars. 

10  L.R.A.(N.S.)   317. 


3052 


INDEX  TO  L.K.A.  NOTES. 


PERISHABLE   PROPERTY— cont'd 
Liability    of    carrier    for    sale    of,    during 

strike.       35   L.R.A.  630. 
Measure  of  damages  for  carrier's  delay   in 

delivery  of  receptacles  for.     24  L.R.A. 

(N.S.)  134. 


PERITONITIS. 


Effect  of,  on  recovery  for  negligent   injury 
to  person.     48  L.R.A. (N.S.)    97. 


PERJURY. 


§    1.  Generally. 

False  swearing  in  proofs  of  loss,  see  Insur- 
AXCE,  §  348. 

Habeas  corpus  to  secure  release  of  one  con- 
victed on  perjured  evidence.  L.R.A. 
1918F,  1078. 

Publication  accusing  witness  of  perjury  as 
contempt  of  court.     L.R.A.1915D,  573. 

Suborning  witness  as  contempt  of  court. 
L.R.A.1915D,  673. 

Establishment  of  falsity  of  testimony  by 
circumstantial  evidence.  44  L.R.A. 
(N.S.)    513. 

Contradictory  statements  made  by  one  ac- 
cused of  perjury  as  sufficient  corrolx)- 
ration  of  single  witness.  L.R.A.1918E, 
928. 

Applicability  of  rule  that  conviction  of 
perjury  cannot  rest  upon  uncorrobo 
rated  evidence  of  a  single  witness,  to 
prosecution  for  subornation  of  perjury. 
44  L.R.A. (N.S.)    307.  . 

Commitment  or  holding  of  witness  for,  dur- 
ing trial  as  ground  for  reversal.  43 
LR.A.(N.S.)   845. 

False  testimony  given  under  statute  promis- 
ing immunity  against  its  use  in  crimi- 
nal  proceedings.     9   L.R.A.  (N.S.)    237. 

.ludgment  in  civil  action  as  evidence  in  a 
criminal  prosecution  for  perjury.  26 
L.R.A. (N.S.)    465. 

Cruel  and  unusual  punishment  fo;-.  35 
L.R.A.  676. 

§   2.  What   amounts   to. 

In  statements  involving  matters  of  opinion 
or   belief.     25   L.R.A.  (N.S.)    654. 

Unqualified  statements  without  knowledge 
of  the  facts.    L.R.A.1916B,  850. 

May  perjury  be  predicated  of  testimony  as 
to  the  effect  of  an  understanding  or 
agreement.     22    L.R.A. (N.S.)    1216. 

False  swearing  where  no  oath,  or  the  par- 
ticular one  administered,  was  not  re- 
quired, as  perjury.  39  L.R.A. (N.S.) 
96. 

Conviction  of  perjury  upon  proof  that  ac- 
cused made  contradictory  statements. 
L.R.A.1917C,  68. 

8  3.  — testimony  on  immaterial  mat- 
ters. 

May  charge  of  subornaticm  of  perjury  be 
based  on  false  testimonv  which  is  im- 
material.    25   L.R.A.  (N!s.)    120. 


Begin  xcHth  this  hook  on  every  Jaw  question. 


PERJLTRY— cont'd 

May  perjury  be  predicated  of  false  testi- 
mony before  tlie  grand  jury  on  matters- 
immaterial    to    the     issue.     22   L.R.A^ 

(N.S.)    1192, 

§  4.  —  as  affected  by  invalidity  of  pro- 
ceedings in  which  testimony  taken. 

Generallv.  54  L.R.A.  513;  40  L.R.A. (N.S.) 
249. 

Jurisdictional  defects,  generallv.  54  L.R.A* 
513;   40  L.R.A.  (N.S.)   249.' 

Pendency  of  proceedings.     54  L.R.A.  513. 

Defects  in  organization  or  constitution  of 
tribunal.  54  L.R.A.  514;  40  L.R.A. 
(N.S.)  250. 

When  tlie  court  had  lost  or  exceeded  ita 
jurisdiction.  54  L.R.A.  514;  40  L.R.A. 
(N.S.)   250. 

Defects  in  preliminary  matters  affecting  the 
jurisdiction  in  tlie  particular  case.  54 
L.R.A.  515;   40  L.R.A.  (N.S.)    251. 

When  want  of  jurisdiction  arises  from  facts 
dehors  tlie  records.  54  L.R.A.  517;  40 
L.R.A. (N.S.)   251. 

Defects  not  alfeeting  jurisdiction,  general- 
lv. 54  L.R.A.  519;  40  L.K.A.  (N.S.) 
252. 

Matters  especially  affecting  sanction  under 
whicli  testimonv  is  given.  54  L.R.A, 
520;   40  L.R.A.'(N.S.)    252. 

Matters  relatin<f  to  jurv.  54  L.R.A.  521 ; 
40  L.R.A. (N.S.)   2.52. 

§    5.  Who  liable  for.  ' 

Criminal   respon.sibilitv   of  corporation   for. 

2  B.  R.  C.  253. 
Criminal     liability     of     children     for.      3ft 

L.R.A.  203. 

§   6.  Indictment  for. 

See  INDICTMENT,  ETC.,   §   26. 

§    7.  Defe;nses. 

Impairment  of  memory  as  defense.  21 
L.R.A. (N.S.)   993. 

Instigation  to  offense  of  subornation  of,  as 
a  defense  to  prosecution.  30  L.R.A. 
(N.S.)    953. 

Judgment  in  original  action  as  bar  to 
action  by  defeated  action  against  ad- 
verse party  for  perjury  in  procuring 
it.     23  L.R.A. (N.S.)    134. 

Acquittal  of  crime  as  bar  to  subsequent 
prosecution  of  defendant  for  perjury 
committed  on  the  former  trial.  39 
L.R.A.(N.S.)   385;  L.R.A.1917B,  743. 

§   8.  Effect  of. 

As  ground  for  injunction  against  judgment, 
see  Injunction,  §  53. 

As  ground  for  relief  from  judgment  gen- 
erally, see  Judgment,  §  96. 

Right  to  resist  judgment  of  sister  state  on 
ground  of  false  testimony.  32  L.R.A. 
(N.S.)   924. 

Effect  on  presumption  of  probable  cause  for 
prosecution  of  fq,ct  that  conviction  was 
procured  by.     15  L.R.A. (N.S.)    1143. 

Perjury  and  subornation  of  perjury  as 
grounds  for  civil  actions.  24  L.R.A. 
(N.S.)  265. 


INDEX  TO  L.R.A.  NOTES. 


1053 


PERJURY— cont'd 

As  ground  for  new  trial.     51  L.R.A.(N.S.) 

286. 
Truth  of  charge  of,  as  defense  to  action  for 

libel  or  slander.     31  L.R.A.(N.S.)   145; 

50  L.R.A.(N.S.)    104.3. 


PERMANENT  EMPLOYMENT. 

Contracts    for   permanent   emplojinent    and 

similar    agreements.      50   L.R.A. (N.S.) 

453. 
Time  for  whicli  contracts  of,  may  be  made 

on    behalf    of    corporation.     49    L.R.A, 

475. 


PERMISSIVE  WASTE. 

I^iability    of    life    tenant    for.      33    L.R.A. 
(N.S.)   672. 


♦  »» 


PERMIT. 

For  erection  of  building,  see  Buildikgs,  §  2. 
For  burial,  see  Corpse,  §  4. 

To  cut  timber  on  public  land.  70  L.R.A. 
900. 

Liability  for  work  of  independent  con- 
tractor performed  under.  14  L.R.A. 
834. 

Effect  of  permit  to  keep  explosives  on  in- 
surer's liability  for  loss  caused  by  ex- 
plosion.    38   L.R.A. (N.S.)    476. 

Power  of  municipality  to  require  permit  to 
construct  or  repair  buildings  within  its 
limits.     13  L.R.A. (N.S.)    737. 

Municipal  liability  for  refusal  to  grant.  1 
B.  R.  C.  349. 

Municipal  knowledge  of  defective  work  in 
highway  under  permit.  20  L.R.A. 
(N.S.)  '705. 

Burden  of  proof  as  to  permit  in  prosecution 
for  sale  of  intoxicating  liquor  without 
a  license.    36  L.R.A. (N.S.)  98. 


PERPETUAIi  LEASE. 

Taxation  of  land  under.     46  L.R.A.(N.S.) 
284. 


♦  •» 


PERPETUATION  OF  TESTIMONY. 

Equity     jurisdiction     for    purpose    of,     see 
Depositiox,  §  2. 


■♦•» 


PERPETUITIES. 

§   1.  Generally. 

Conflict  of  laws  as  to.    2  L.R.A. (N.S.)   432. 

Bequest  in  trust  to  maintain  residence  as 
violating  rule  against  perpetuities.  7 
B.  R.  C.  441. 

Validity  of  trust  for  sale  to  arise  at  ex- 
piration of  period  defined  by  rule 
against  perpetuities.    7  B.  R.  C.  453. 

Devises  of  life  estates  to  unborn  children  of 
living  persons,  as  contravening  the 
rule  against.     6  L.R.A. (N.S.)    330. 

Consult  also  L.B.A.  Digests  of  Cases. 


PERPETUITIES— cont'd 

Limitation  of  estate  upon  probate  of  will 
as  a  violation  of  the  rule  against  per- 
petuities.    10  L.R.A.  (N.S.)    564. 

Options  to  purchase,  and  the  rule  against 
perpetuities  or  against  undue  suspen- 
sion of  the  power  of  alienation.  L.R.A. 
1917D,  904. 

Contract  for  indefinite  option,  or  indefinite 
renewal  of  option,  as  perpetuity.  9 
L.R.A.(N.S.)   913. 

Allowing  period  for  conversion  of  prop- 
erty as  violation  of  rule  against  per- 
petuities or  suspension  of  power  of 
alienation.     26  L.R.A. (N.S.)    724. 

Allowing  specified  period  for  election  to 
take  under  devise  or  bequest  as  a  viola- 
tion of  the  rule  against  perpetuities,  or 
the  suspension  of  the  power  of  alien- 
ation.    26  L.R.A. (N.S.)    825. 

Validity  of  devise  over  upon  indefinite  ces- 
sation of  lineal  descendants  of  first 
taker,     3  L.R.A.  (N.S.)   1143. 

EfTect  of  doctrine  as  to  possibility  of  issue 
extinct  in  determining  whether  rule 
against  perpetuities  has  been  violated. 
48  L.R.A. (N.S.)   867. 

May  a  child  en  ventre  sa  mere  be  considered 
as  in  being  for  purpose  of  rule  against 
perpetuities.    4  B.  R.  C.  492. 

Right  to  damages  for  breach  of  option  con- 
tract which  is  not  specifically  enforce- 
able because  it  contravenes  the  rule 
against  perpetuities.    4  B.  R.  C.  202. 

§   2.  Gifts  to  charities. 

Effect   of    rule    against,    on    enforcement    of 

general  bequest  for  charity  or  religion. 

14  L.R.A.(N.S.)   66. 
Restrictions  on  alienation  in  devise  of  real 

estate  to  religious  society  for  specified 

uses,     n   L.R.A. (N.S.)    523. 
Effect   of   direction   for   accumulation   upon 

validity  of  charitable  gift.    2  B.  R.  C. 

880. 

§  3.  Effect  of  invalidity  of  gift  because 
of. 

Effect  on  prior  takers  of  the  failure  of  a 
gift  because  it  violates  the  rule  against 
perpetuities.     20  L.R.A.   509. 

Remainder  void  for  remoteness;  effect  on 
particular  estate.     3  L.R.A.  (N.S.)   639, 

Effect  of  decree  of  distribution  following  a 
testamentary  disposition  of  property 
void  under  the  rule  against  perpetuities 
or  as  unlawfully  suspending  the  power 
of  alienation.     15  L.R.A.(N.S.)    900. 

§   4.  In  respect  to  personal  property. 

Trust  in  respect  to  personal  property.  3 
L,R.A.  145  ;♦  11  L.R.A,  89.* 


PERQUISITES, 

Meaning  of  term  perquisites  in  statutes  or 
ordinances  in  relation  to  officers.  L.R.A. 
1918E,  675. 


PERSONAL    ACTlOn. 

To    recover    tax    on    property.     41 
(N.S.)    730. 


L.R.A. 


1054 


•  INDEX  TO  L.R.A.  NOTES. 


PERSONAL  APPEARANCE. 

Prosecuting  attorney's  comments  on  defend- 
ant's personal  appearance  as  ground 
for  reversal.     46  L.R.A.  665, 


PERSONAL  BELIEF. 

Assertions  of  personal  belief  bv  counsel  in 
argument  to  jury.    L.R.A.1918D,  72. 


PERSONAL  COMFORT. 

Municipal   control   over    nuisance   affecting, 
see  Municipal  Corpobations,  §  41. 


PERSONAL  CONDUCT. 

Devise  or  legacy  conditioned  on  conduct  of 
person  other  than  the  beneficiary. 
L.R.A.1918E,  372. 


PERSONAL  CONTACT. 

Liability  of  master  for  negligent  injury  to 
third  person  through  personal  contact 
with  servant.     47  L.R.A.  (X.S.)    142. 


PERSONAL  ENCOUNTER. 

Necessity  that  deatli  of  insured  by,  be 
reasonable  and  legitimate  consequence 
of  violation  of  law  in  order  to  relieve 
insurer.     13   L.R.A.  (X.S.)    262. 


♦  ♦» 


PERSONAL  EXPERIENCES. 

Accounts  of,  bv  counsel  in  argument  to  jury. 
L.R.A.1918D,  73. 


PERSONAL  INJURIES. 

§    1.  Generally. 

By  animals,  see  Animals,  §§  9-16. 
By  automobile,  see  Automobiles. 
By  blasting,  see  Blasting. 
To  ■  passenger,  see  Carriers. 
By  electricity,  see  Electricity,  III. 
By  explosion,  see  Explosions  and  Explo- 
sives. §§  3-10. 
By  fright,  see  Fright,  §§  2,  3. 
By  frightening  horse,  see  Horses,  §§  7-14. 


§§  5-7. 

In  areaway,  see  Area  ways,  §  2. 
On  elevator,  see  Elevators,  §§  3-7. 
In  excavation,  see  Excavation,  §§  2,  3. 
On  lijolnvay,  see  Highways,  VI. 


By  gas,  see  Gas,  §§  11-15. 

By  fall  of  building,  see  Walls,  §  3. 

At   place   of  amusement,  see  Amusements,  |  Judgment  in  action   for,  personal  injury  afi 


PERSONAL  INJURIES— cont'd 

On  railroad  track,  see  Railroads,  §§  52-57 

On  street  car  track,  see  Street  Railwa'bs, 
§§  10-19. 

On  wharf  or  dock,  see  Wharves,  §  7. 

Defenses  to  actions  for,  see  Action  ok 
Suit,  §  15. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  22. 

Constitutionality  of  requirement  of  notice 
of,  see  Constitutional  Law,  §  188. 

Measure  of  damages  for,  see  Damages.  §§ 
7,  18,  57-67.   100.  101,  110. 

Power  to  compel  ijlaintifT  in  action  for,  to- 
submit  to  pliysical  examination,  see 
Discovery  and  Insi-ecuon,  §  5. 

Presumption  of  negligence  from,  see  Ji.vi- 
dence.  III.  g. 

Opinion  evidence  a*  to  cause  of,  see  Evi- 
dence, §  187b. 

Evidence  of  damages  from,  see  Evidence.  ^ 
264. 

Notice  of,  see  Highm'ays,  §§  106,  107;  Mas- 
ter AND  Servant,  §§  57,  64;  Municipal. 
Corporations,  §§104^107. 

Througli  negligence  generally,  see  Negli^- 
gence.  !       ■  \ 

New  trial  in  pei'sonal  injury  case,  see 
New  TRtAI..       ;      :    .. 

Resulting  from  nuisance,  see  Nuisances. 

Proximate  cj^use  of,  see  Proximate  Causbi 

Release  of  claim  for,  see  Release. 

Violation  of  Sunday  law  as  defense  to 
action  for,  see  Sunday,  §  7.  * 

Liability  for  injuries  due  to  attempted 
exercise  of  rights  of  navigation,  see 
Waters,  §  18.  » 

What  constitutes,  within  meaning  of  Work- 
men's Compensation  Act,  see  Work- 
men's Compensation,  §  8. 

Concealment  or  ignorance  of  cause  of  action 
as  suspending  statute  of  limitation 
against  action  for.     L.R.A.1917B,  1259. 

Accidental  or  reckless  injury  as  an  assault. 
14  L.R.A.  227. 

Assignability  of  cause  of  action  for".  44 
L.R.A.  177. 

Acceptance  of  partial  allowance  by  city  of 
claim  for,  as  an  accord  and  satis- 
faction.     42   L.R.A.  (N.S.)    120. 

Injury  to  person  and  to  property  at  the 
same  time  constituting  more  than  one 
cause  of  action.  50  L.R.A.  161;  30 
L.R.A.(N.S.)  240;  51  L.R.A.(N.S.)  319. 

Right  to  split  elements  of  damages  for  p'er- 
sonal  injuries  and  maintain  separate 
actions  thereon.     L.R.A.1916B,  743.     ' 

Damages  sustained  on  account  of  injuries  tt> 
one's  self  and  another  at  the  same  time, 
as  constituting  one  or  more  than  one 
cause  of  action.     L.R.A.1917C,  544. 

Abatement  and  revival  of  actions  for,  upo» 
death  of  plaintiff.     L.R.A.1915E,  1104. 

Pendency  of  action  for  personal  injury  a» 
abatement  of  action  for  death  or  vice 
versa.     L.R.A.1915E,  1132. 


Begin  icith  tJiis  booTc  on  every  law  question. 


abatement  of  action  for  death  or  vice 
versa.     L.R.A.1915E,  1152. 
Does   right   of   action     pass    to    trustee    i|i 
bankruptcv   or   assignee   in    insolvencv. 
12   L.R.A."(N.S.)    1173. 


INDEX  TO  L.R.A.  N0TIX5. 


1055 


PERSONAL  INJURIES— cont'd 

Effect  of  statute  declaring  cause  of  action 
for,  survivable,  to  render  it  assignable. 
27    L.R.A.(N.S.)    404. 

Law  governing  as  to  survival  of  cause  of 
action  or  revival  of  action  for.  5 
L.R.A.(N.S.)    756. 

Jurisdiction  of  admiralty  over  suit  for  in- 
jury to  stevedore.  51  L.R.A.(N.S.) 
1157. 

Liability  of  infant  for  legal  services  in 
action  for  personal  injuries.  44  L.R.A. 
(N.S.)    412. 

Declarations  explaining  why  person  injured 
or  killed  was  at  place  of  accident  as  res 
gestte.     L.R.A.1915D,  503. 

Physical  condition  of  plaintiff  after  verdict 
in  action  for  personal  injuries  tending 
to  show  falsity  of  testimony  as  to  ex- 
tent or  character  of  his  injury  as 
ground  for  new  trial.    L.R.A.1915B,  243. 

Prenatal  injury  to  ipfant  as  ground  of 
action.      45    L.R.A,  (N.S.)    625. 

A'alidity  of  contract  to  pay  attending  physi- 
cian percentage  of  damages  recovered 
for.     33  L.R.A.'(^.S.)   87. 

Probative  effect  oi  admission  by  party  of  re- 
sponsibility  for.    15  L.R.A.  (N.S.)    1096. 

Power  of  equity  to  take  jurisdiction  be- 
cause of  multiplicity  of  actions  at  law 
for  personal  injuries  growing  out  of  a 
single  tort.  20  L.R.A. (N.S.)  848;  35 
L.R.A. (N.S.)    491. 

Specification  of  particular  bodily  injuries 
compreliended  witliin  general  alle- 
gation as  excluding  others  otlierwise 
comprehended  within  such  general 
allegations.     27   L.R.A. (N.S.)    837. 

Relation  of  new  pleadings  to  statute  of 
limitations  in  actions  for.  3  L.R.A. 
(N.S.)   282;  47  L.R.A.  (N.S.)   932. 

Removal  for  separable  controversy  of 
action  for.     6  L.r;A.(N.S.)    93. 

Requisites  of  special  verdict  in  action  for. 
24  L.R.A. (N.S.)    21.. 

Setting  aside  for  inadequacy  verdict  in 
actions  for.     47  L.R.A.  39. 

Contributory  wilfulness  as  a  defense  against 
an  action  for  personal  injurv  based  on 
wilfulness  of  defendant.  L.R.A.1918D, 
1195. 

Power  of  court  to  require  owner  of  prem- 
ises or  property  to  permit  inspection  in 
negligence  case.     L.R.A.1917E,  838. 

§   2.  Who  liable  and  to  \Vhom. 

To  passenger,  see  Cabeiers,  §§  49-74. 

To  husband  or  wife,  see  Husband  and  Wife,, 

§§  63-65. 
To  inifant,  see  Infants,  §§  37-40. 
'l"o  guest  at  inn,  see  Innkeeps;rs,  §§  10,  11. 
To  servant,  see  Master  aNd  Servant,  III. 

.Tp;pUpil,   see   ScHOOIjS,  r§;22.;  ;   ' 

To  seamen,  see  Seamen,  §3;        ,         ■ 
To  volunteer,  see  Volunteek,  §  3. 
Liability   of  charitable  institution  for,   see 

Charities.  4;  12. 
Liabilitv  on  policy  for,  see  Insurance,  §§ 

159^171,  177-181. 
Liability  of  person  selling  liquors  to  person 

injured,  see  Intoxicating  Liquobs,  §§ 

38,  41. 
Conmilt  also  L.R.A.  Digests  oj  Cases. 


PERSONAL  INJURIES— cont'd 

Landlord's  liability,  see  Landlord  and  Ten- 
ant, IV.  d. 

Master's  liability  for  injury  due  to  serv- 
ant's negligence,  see  Master  and  Serv- 
ant, IV. 

Liability  of  manufacturer  or  seller,  see  Neg- 
ligence, §  15. 

Parent's  liability  for  injury  by  child,  ace 
Parent  and  Child,  §  10. 

Claim  against  state  for.     42  L.R.A.  69. 

Personal  liability  of  corporate  officers  or 
directors  for  personal  injuries  from 
torts  in  connection  with  business.  39 
L.R.A.  (N.S.)   901;   L.R.A.1915C,  874. 

Liability  of  community  property  for.  36 
L.R.A.(N.S.)    88.  "  .  ^ 

Does  bond  of  highway  contractor  cover  per- 
sonal injuries  to  members  of  publjc. 
34  L.R.A.  (N.S.)    152. 

Liability  for  personal  injury  to  one  using 
telephone.     36  L.R.A.  (N.S.)    279.       ' 


PERSONAL  JUDGMENT. 

In   general,   see   Judgment,    §§    9,    10,   23; 

Mechanics'  Liens,  §  31. 
On  constructive  service  of  process,  see  Writ 

AND  Process,  §  19. 


PERSONAL  KNOWLiEDGE, 

Witness's  right  to  testify  to  character  from. 
22   L.R.A, (N.S.)    650. 


PERSONAL    LIABILITY. 

For  local  assessment,  see  Public  Improve- 
ments, §  28. 


PERSONAL  LIBERTY. 

Construction   of   penal   statute   as   rule   of. 
12  L.R.A.(N.S.)    1081. 


PERSONAL  PROPERTY. 

§    1.  Generally. 

Bailment  of,  sb^Bailment. 

Mortgage  of,  see  Cha,ttel  Mortgage. 

Oral  contracts  relating  to,  see  Contracts, 
§§  34-36.  , 

Equitable  conversion  into  real  property, 
and  vice  versa,  see  Equitable  Convei^- 
sion;    Wills,  §§  116-118. 

Insurance  of,  see  Insurance. 

Perpetuities  as  to,  see  Perpetuities,  §  4. 

Pledge  of,  see  Pledge  and  Collateral  Se- 
curity. 

Possession  of,  see  Possession,  §§  5-8. 

Records  of '  title  to,  see  Records  and  Re- 
cording Laws,  §§  9-11. 

Return  of'  goods,  see  Return,  §  2. 

Specific  performance  of  contract  relating 
to,  see  Specific  Performance,  §  14. 


1056 


INDEX  TO  L.R.A.  NOTES. 


PERSONAL  PROPERTY— cont'd 
Taxation  of,  see  Taxes. 
Equitable  conversion  into  real  property  and 
vice  versa,  see  Wills,  §  117. 

Injury  to,  or  expense  of  removing,  person- 
alty as  an  element  of  damage  for  tak- 
ing real  estate.     L.R.A.1916D,  719. 

When  personal  representative  is  not  en- 
titled to  possession  of.  3  L.R.A.  (N.S.) 
704. 

Abandonment  of.     4  L.R.A.(N.S.)    573. 

Statutory  lien  on  property  of  third  person 
for  rental  of  personal  property  let  to 
contractor  for  use  in  work  of  a  lien- 
able  nature.  16  L.R.A.(N.S.)  585;  42 
L.R.A. (N.S.)    872. 

Applicability  of  rule  in  Shelley's  Case  to 
remainder   in.     2!)   L.R.A.(N.S.)    1036. 

Partnership  for  dealing  in.  18  L.R.A. 
(N.S.)    1090. 

Creation  of  partnership  by  provision  for 
taking  profits  from  use  of,  as  com- 
pensation.    18  L.R.A. (N.S.)    1046. 

Injury  to,  or  expense  of  removing  as  ele- 
ment of  damage  for  taking  real  estate. 
4  L.R.A.(N.S.)    890. 

Liability  to  servants  of  other  persons  for 
injuries  caused  by  condition  of.  46 
L.R.A.  104. 

Authority  of  agent  to  accept  chattel  in 
payment  of  indebtedness  due  his  prin- 
cipal.    19  L.R.A. (N.S.)    324. 

Right  to  plead  inconsistent  defense  in  ac- 
tions relating  to.     48  L.R.A.   197. 

Removal  for  separable  controversy  of 
actions  relating  to.  5  L.R.A. (N.S. ) 
80. 

What  property  other  than  realty  may  be 
assessed  for  the  construction  and  main- 
tenance of  levees.     L.R.A.1917F,  1003. 

Right  of  action  for  statements  affecting 
value  of  personal  property,  other  than 
goods  sold  or  manufactvu-ed.  6  B.  R.  C. 
509. 

§   2.  What  constitutes. 

What  is  ''personal  property"  within  regis- 
tration laws.     L.R.A.1917C,  629, 

Nature  of  interest  of  vendor  or  vendee  in 
land  contract  as  real  or  personal  prop- 
erty.    57  L.R.A.  643. 

Rights  under  optional  land  contract  as  real 
or  personal  property.  L.R.A.1916F, 
358. 

Railroad  as,     66  L.R.A.  3i. 

Oil  and  gas  lease  as.  42  L.R.A. (N.S.) 
472. 

Injury  from  abandonment  of  highway  as, 
26  L.R.A.  665. 

Classification  of  growing  fruit  aa.  16 
L.R.A.   103. 

§  3.  Passing  as  appurtenant. 

As  an  appurtenance,     15  L.R.A,  653. 
What  articles  will   pass  as  appurtenances 
on  sale  of,     8  L,R.A.(N.S.)   793, 

§   4.  Rights  of  husband  and  wife  in. 

Conflict  of  laws  as  to  capacity  of  married 
woman  to  contract  with  reference  to, 
57  L.R.A,  523, 

Begin  with  this  hook  on  every  latv  question. 


PERSONAL  PROPERTY— cont'd 

Power  of  legislature  to  change  or  destroy 
husband's  rights  in  wife's  personal 
property,     19  L.R.A.  259. 

Husband's  insurable  interest  in  wife's  per- 
sonalty.    66  L.R.A.  660, 

Tenancy  by  entireties  in,  22  L,R,A,  594; 
30    L.R.A.    317. 

§   5.  Transfer  of. 

Mortgage  of,  see  Chattel  Mortgage. 
Sale  of,  see  Sale. 

Law  governing   validity   of   assignment   of, 

for  creditors.     65  L.R.A.  358, 
Injunction   against    execution    sale   of,      30 

L.R.A.   99. 
Levy    under    execution    or    attachment    on 

rights  under  lease  of.     17  L.R.A. (N.S.) 

843. 
Right  to  sell  while  in  custody  of  law,     1 

L.R,A,(N.S.)    1057. 
Out  of  state,  transfer  of,  by  bankruptcy  or 

insolvency    proceedings    or    assignment 

for  creditors.    23  L.R.A,  33. 
Conveyance     of     chattels     held     adversely, 

L.R.A.1916E,  72, 

§    6,  —by  will. 

Conflict  of  laws  as  to  testator's  capacity  to 
dispose  of,     2  L,R.A.(N.S.)   414. 

Conflict  of  laws  as  to  formal  validity  of 
will  disposing  of.     2  L.R.A.  (N.S.)   415. 

Effect  of  probate  in  another  state  of  will 
disposing  of.    48  L.R.A.  131. 

Effect  of  bequest  for  life  of  chattels  con- 
sumable in  the  use.  16  L.R.A. (N.S.) 
483. 

§    7,  Partition  of. 

Jurisdiction  of  equity  to  partition  personal 
property,     27  l1r,A.(N,S,)    618, 

§   8.  Recovery  of  possession  of. 

Assault   in  recapture  of,  see  Assault  and 

Battery,  §  5. 
Replevin  for,  see  Replevin. 
Trover  for,  see  Tkover. 


PERSONAL  REPRESENTATIVES. 

See   Executors   and   Administrators. 


PERSONAL  RIGHTS. 

Protection  of,  in  equity,  see  Equity,  §  5, 

Right  to   injunction  to  protect.     1  L.R^. 
(N.S.)  1147. 


PERSONAL  SECURITY. 

Liability  of  trustee  who  makes  loan  on 
personal  security  only.  44  L,R,A. 
(N.S.)   921, 


INDEX  TO  L.R.A.  NOTES. 


1057 


PERSONAL   r,ERVIOE. 

Hight  of  creditors  in  personal  services  of 
debtor,  see  Fbaudulent  Conveyances, 
§5. 

Of  process  out  of  state,  see  Writ  and  Pboc- 
ESS,  §  12. 

Is  combination  to  control  the  price  of  labor 
or  other  personal  service  per  se  a  vio- 
lation of  statute  against  trusts  and  mo- 
nopolies.    23  L.R.A.(N.S.)    12(50. 

Contracts  for,  earnings  thereunder  and 
causes  of  action  for  their  breach  as  as- 
sets in  bankruptcy.     5  B.  R,  C.  268. 


PERSONAL   TAX. 


Injunction  against  collection  of  illegal  per- 
sonal tax.    22  L.R.A.  708. 


PERSONAL    TRAITS. 

Fraudulent  concealment  of,  as  ground  for 
avoiding  promise  of  marriage.  26 
L.R.A.  432. 


PERSON   OF   COLOR. 

Who  is  a  person  of  color  within  statute  not 
speciiically  defining  the  same.  L.R.A. 
1915A,  828. 


PERSONS. 


Corporations  as,  see  Corpopations,  §  9. 

Persons:    who   or   what   is   included   in  the 
term  "persons."     10  L.R.A.  222. 


PERSONS  INTERESTED. 

Who  are  persons  interested  entitled  to  con- 
test will.    L.R.A.1918A,  417. 


PERSONS  NOT  IN  BEING. 

See  Aptebbobn  Children. 


PER  STIRPES. 


PERUVIAN  STRENGTHENING 
ELIXIR. 

Judicial    notice    of    intoxicating    character 
of.     48  L.R.A.(N.S.)    316. 


PERVERSION  OF  JUSTICE. 

Publication  of  matters  derogatory  to  parties 
to  litigation  as  an  attempt  to  pervert 
or  obstruct  course  of  justice.  2  B.  R.  C. 
483. 


PEST  HOUSE. 


Sending  diseased   persons  to,   see   Health, 

§  2. 
In  general,  se$  Hospitals. 


PETITIONS. 


For  election,  generally,  see  Elections,  §  10. 
Initiative  or   referendum   petition,   see   In- 
itiative, Referendum:  and  Recall,  §  1. 
Petition  for  recall,  see  Initiative,  Refeb- 

ENDUM,  AND  RfiCALL,   §  2. 

For  liquor  license,  see  Intoxicating  Li- 
quors, §  11. 

For  public  improvement,  see  Public  Im- 
provements, §  3. 

For  removal  of  cause  from  state  court,  see 
Removal  of  Causes,  §  12. 

Institution  of  drainage  proceedings  by  pe- 
tition of  land  owner.    60  L.R.A.  tGO. 

Sufficiency  of  petition  for  condemning  rail- 
road right  of  way  for  telegraph  or  tele- 
phone line.     42  L.R.A. (N.S.)    238. 

Right  to  withdraw  names  from.  11  L.R.A. 
(N.S.)    372;    35  L.R.A.(N.S.)    1113. 

For  leave  to  file  bill  of  review  for  newly 
discovered  evidence.  30  L.R.A. (N.S.) 
1033. 

Who  may  petition  in  relation  to  school 
matters.     43   L.R.A. (N.S.)    293. 

Civil  liability  of  persons  who  join  in  peti- 
tion addressed  to  public  authorities. 
LJR.A.1916D,  394. 


PETROLEUM. 


In  genera],  see  Mines,  §§  33-38. 

Keeping   of.    on    insured   premises.     L.R.A. 


1917C,  278. 


♦  *»■ 


Sec  Wills,  §  98. 

Consult  also  L.R.A.  Digests  of  Cases.    67 


PEWS. 

Rights  of  pew  holders,  see  Religious  Socie- 
ties, §  14. 

Injunction  against  sale  or  other  disposal  of, 
3  L.R.A.(N.S.)  871. 


1058  INDEX  TO  L.E.A.  NOTES 

PHARMACISTS. 

See  Dbugs  and  Dbuggists. 


PHILANTHROPY. 

Charitable  devise  or  bequest  for,  see  Chari- 
ties. 


PHONOGRAPH. 


Use  of,  in  evidence,  see  Evidence,  §  157. 

Perforated  rolls  and  wax  cylinders  as  i.i- 
fringemei.ts  of  copyright  of  sheet  music. 
2  B.  R.  C.  91. 


PHOSPHORUS. 


Keeping  of,   on   insured   premises.     L.R.A. 
1917C,  278. 


PHOTOGRAPHERS. 

Discrimination  against  nonresidents  hy  or- 
diiiance  imp  sing  license  tax  on.  40 
L.R.A.(N.S.)  291. 


PHOTOGRAPHS. 


As  evidence,  see  Evidence,  §  150. 

Weig*ht  of,  as  evidence,  see  Evidence,  §§ 
309-311. 

Libel  by  publication  of,  see  Libel  and  Slan- 
der, §  7. 

See  also  Pictures;   Portraits. 

Right  to  use  negative  without  the  consent 
of  the  partv  who  has  paid  for  it.  50 
L.R.A.  397. ' 

Right  to  duplicate  without  consent  of  person 
under  contract  with  whom  the  original 
was  produced.    7  L.R.A. (N.S.)  362. 

Right  of  photographer  or  artist  to  use  pic- 
ture for  his  own  purposes.  42  L.R.A. 
(X.S.)  386. 

Right  to  take  or  retain,  in  rogue's  gallery, 
photograph  of  one  accused  of  crime.  7 
L.R.A.(N.S.*  274;  23  L.R.A.(N.S.) 
739;  L.R.A.1916A,  743. 

Mental  aiiguish  as  basis  of  action  for  loss 
of.     47   L.R.A.  (N.S.)    1120. 

Right  of  action  fcr  use  of  photograph  for 
advertising  purposes.  L.R.^.1915C, 
839;  L.R.A.1918D,  1152. 


PHYSICAL.  CONDITION. 

As    affectiag    testamentarv    capacity.       27 

L.R.A.(N.S.)   27;  L.R.A.1915A,  450. 
As  att'ecting  admissibilitv  of  dying  declara- 
tions.    56  L.R.A.  381.' 


PHYSICAL  CONTDITION— <»nt'd 
Admissibility  of  evide-iee  as  to  physical  con- 
dition of  members  of  deceased  s  family 
in  action  for  death.     49  L.R.A.(N.S.> 
737. 


■♦•» 


I^HYSICAL    ElSABir.ITY. 

See  Disability,  §  2. 

♦-•-♦ • 

PHYSICAL  EXAMINATION. 

See  Discovery  and  Inspection,  §  5. 
♦*-♦ 

PHYSICAL   INCAPACITY. 

Physical  disability,  see  Disability,  §  2. 

Fraudulent  concealment  of,  as  ground  for 
avoiding  pronrse  of  marriage.  2ft 
L.R.A.  431. 


PHYSICAL  INFIRMITIES. 

As   p.oof   of   testamentarv    incapacitv.     27 
L.R.A.(N.S.)    27;    L.R.A.1915A,  450. 


-♦-•-♦- 


PHYSICAL  IXJLIIV 

See  Pessonal  Injuries. 


^•» 


PHYSICAL   LIFE. 

Protection   of  personal   rights   relating  to. 
37  L.R.A.  784. 


PHYSICAL    SUFFERING. 

Allowance  for  in  fixing  damages  for  death. 
17   L.R.A.   72. 

Right  to  recover  for  mental  suffering  on 
account  of  another's  plivsical  suffer- 
ing.    19  L.R.A. (N.S.)   500. 

As  proximate  result  of  discharging  passen- 
ger at  improper  place  or  one  not  hi» 
destination.    7  L.R.A.(X.S.)   1180. 


PHYSICIANS   AND   SURGEONS. 

7.  In  general,   §§   1-5. 
II.  Public  control   and  regulation   of, 
§§   6-11. 
III.  Duty  and  liahilitu  to  patient;  m.ai~ 
practice,  §§12-16. 


Begin  tvith  this  hook  on  every  law  question. 


INDEX  TO  L.R.A.  Nd^ES. 


1050 


PHYSICIANS  AND  SITRGEONS— cont'd 
IV.  Negligence  of,  or  failure  to  employ, 
or  obey  commands  of,  as  affect- 
ing third  person's  Uahility,  §§ 
17,  18. 
F.  Contracts  and  recovery  for  services, 
§§  19,  20. 

I.  In   general. 

§   1.  Generally. 

Allowance  for  mental  aiigiiiKli  caiisod  by 
negligence  in  transmission  of  messaj^L- 
summoning  physician,  see  Damages, 
§    102. 

Physical  examination  by,  see  Discovery 
AND  Inspection,  §  5. 

Admissibility  of  opinions  of,  see  Evidence, 
VIII. 

Privileged  communications  to,  see  Evi- 
dence, §§  221,  225. 

Representations  of  insured  as  to  consulta- 
tion with,  or  attendance  of,  see  Insur- 
ance, §  96. 

Sale  of  liquor  on  certificate  of,  see  Intoxi- 
cating Liquors,  §  21a. 

Libel  or  slander  of,  see  Libel  and  Slander, 
§  18. 

Authority  of  servant  to  employ,  see  Mas- 
ter AND  Servant,  §§  18,  18a. 

Master's  duty  as  to  medical  assistance,  see 
Master  and  Servant,  §  58. 

Master's  liability  for  negligence  of  physi- 
cian employed  for  injured  servant,  see 
Master  and  Servant,  §  59. 

Master's  liability  for  services  of  physician 
employed  for  servant,  see  Master  and 
Servant,  §  60. 

Agent's  authority  to  employ,  see  Principal 
AND  Agent,  §  14. 

Furnishing  or  prescribing  by  physician  of 
habit-forming  drugs.    L.R.A.1918E,  OfiH. 

Authority  of  pliysician  as  agent  of  other 
person  to  contract  for  services  of  third 
persons.     L.R.A.1918F,  66. 

Specific  performance  of  contract  for  sale  of 
practice.    L.R.A.1918E,  628. 

Private  records  or  memoranda  of,  as  evi- 
dence of  birth,  death,  etc.  L.R.A. 
1915F,  803. 

Right  of  physician  to  complain  of  regula- 
tions of  beneficial  association  or  em- 
ployer as  to  employment  of  physician. 
L.R.A.1916B,  839. 

Conclusiveness  of  certificate  of.  as  to  cause 
of  death  of  insured.     44  L.R.A.  854. 

As  witness  before  grand  jury.  28  L.R.A. 
.323. 

How  far  use  of  mails  by  healers  is  fraud- 
uh'nt.     70  L.R.A.  989. 

Loss  of  opportunity  to  respond  to  a  call  for 
professional  services  as  ground  for  ac- 
tion against  telegrapa  company.  14 
L.R.A.  (N.S.)   533. 

Exemption  of  medical  college  from  suit  as 
agency  of  state.     35  L.R.A. (N.S.)   243. 

Practice  of  medici  e  by  coriJoration.  32 
L.R.A.  (N.S.)  56. 

Effect  of  misrepresentations  or  undue  in- 
fiuence  bv,  to  avoid  release.  5  L.R.A. 
(N.S.)  663;  50  L.R.A. (N.S.)  1091. 

Voluntariness  of  confession  to.  18  L.R.A. 
(N.S.)    855. 

Consult  also  L.R.A.  Digests  of  Cases. 


PHYSICIANS  AND  SURGEONS,  I.— cont'd 
Municipal  power   to  provide,   in   epidemics. 
26  L.R.A.  728. 

§  2.  Effect  of  sending  for,  and  opinion 
of,  on  admissibility  of  dying  decla- 
rations. 

Sending  for,  as  evidencing  sense  of  impend- 
ing deatli  at  time  of  dving  declarations. 
56  L.R.A.  414;   30  L.R.A.(N.S.)    398. 

Expressions  of  physician's  opinion  as  evi- 
dencing sense  of  imp.Miding  death  at 
time  dying  declarations  were  made.  5G 
L.R.A.  413;  30  L.RvA.(N.S.)   397. 

§  3.  Criminal  responsibility  for  failure 
to    provide. 

Criminal  responsibility  for  failure  to  pro- 
vide child'  with  medical  attendance  and 
remedies.  1  B.  R.  C.  747;  6  B.  R.  C. 
464. 

Religious  belief  as  excuse  for  failure  to  fur- 
nish medical  aid  to  child.  36  L.R.A. 
(N.S.)   633;  1  B.  R.  C.  747. 

Effect  of  failure  to  provide  medical  attend- 
ance to  render  one  guilty  of  mansla ligh- 
ter. 6  L.R.A.(N.S.)  685;  45  L.R.A. 
(N.S.)   559. 

§  4.  Sale  of  practice;  contracts  not  to 
engage  therein. 

Validity  of  contract  restraining  practice  of 
profession  after  expiration  of  term  of 
service  with  another.  £6  L.R.A.(N.S.) 
961. 

Validity  of  agreement  by  employee  of  phy- 
sician not  to  engage  in  same  profession, 
as  affected  by  scope  in  time  and  terri- 
torial extent.    24  L.R.A.  (N.S.)  936. 

Validity  of  restrictive  agreement  ancillary 
to  sale  of  practice  as  affected  bv  its  ter- 
ritorial scope.  24  L.R.A. (N.S.)  927: 
L.R.A.1916C,  629.  ; 

Right  of  physician  selling  good  will  of  prac- 
tice to  solicit  patronage  of  former  pa- 
tients.    10  L.R.A. (N.S.)    1200. 

Remedy  by  injunction  to  restrain  violation, 
of  agreement  not  to  practise  medicine 
or  surgery  within  a  certain  territorv.- 
L.R.A.1915B,  206. 

§  5.  Charges  of,  as  element  of  dam- 
ag«^s. 

Allowance  for  physician's  services  in  action 
for  personal  injuries,  without  evidence 
of  their  value.     19  L.R.A. (N.S.)   920. 

Cost  of,  as  element  of  damages  for  injury  by 
dog.     37  L.R.A. (N.S.)    866. 

Right  to  recover  medical  expenses  of  per- 
son negligently  killed.    2  B.  R.  C.  711. 

//.  Public  control  and  regulation  of. 

§   6.  Generally. 

Rigbt  of  phvsician  to  sell  drugs  without  a 
prescription.     46  L.R.A.  (N.S.)    1. 

Validity  of  statute  or  regulations  affecting 
right  to  practise  medicine  or  surgery 
of  one  who  has  practised  in  another' 
state  or  is  a  nonresident.  49  L.R.A.f 
(N.S.)     150. 

Constitutionality  of  statute  as  to  reporting 
and  registering  birtbs,  deaths,  etc.  30 
L.R.A.(N.S.)    1015. 


1060 


PHYSICIANS     AND     SURGEONS,     II.— 

cont'd 
Keview    of    action    of    medical    bcavd.      20 

L.R.A.  355. 

§  7.  What  constitutes  practice  of  medi- 
cine. 

What  constitutes  practising  medicine  with- 
in the  state.     4  L.R.A.(N.S.)   1023. 

Midwifery  as  practice  of  medicine  contra- 
vening statute.     17  L.R.A.(N.S.)  04. 

Administering  domestic  remedy  for  pay  as 
practising  medicine.  12  L.R.A. (N.S.) 
1094. 

Application  of  statutes  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A.  (X.S.) 
762:  24  L.R.A.  (N.S.)  103:  25  L.R.A. 
(X.S.)  1297:  33  L.R.A.  (X.S.)  179; 
L.R.A.1917C,  822. 

§  8.  License  of. 

Of  dentist,  see  Dentists. 

Constitutionality  of  regulations  as  to  prac- 
tice; license.     14  L.R.A.  581. 

Validity  of  statute  creating  prima  facie 
rule  of  evidence  as  to  existence  or  non- 
existence of  license.     L.R.A.1915C,  736. 

Discrimination  against  nonresidents  by  stat- 
ute or  ordinance  as  to  license.  40 
L.R.A.  (N.S.)    284. 

Determining  character  or  standing  of  pro- 
fessional school  for  purposes  of  license 
statute.    22  L.R.A.(X.S.)  735. 

License  to  engage  in  medicine  as  a  vested 
right  to  continue  in  same.  8  L.R.A. 
(N.S.)    1272. 

Burden  of  proof  as  to,  in  suit  to  recover 
for  services.    8  L.R.A. (N.S.)    1238. 

§   9.  —failure  to  procure. 

Libel  or  slander  by  imputing  incompetency 
to  unlicensed  phjsician.    26  L.R.A.  327. 

Eflfect  of  failure  to  procure  license.  16 
L.R.A.  425. 

Right  of  unlicensed  physician  to  act  as 
emplovee  of  licensed  one.  44  L.R.A. 
(N.S.)   1089. 

\'aliditv  of  contract  by  unlicensed  physician. 
12*L.R.A.(r..S.)    613. 

Practising  medicine^  surgery,  or  dentistry 
without  a  license  as  a  continuing  of- 
fense.    42  L.R.A. (N.S.)    768. 

.  §    10.  — revocation  of. 

Power  to  revoke  license  of.  1  L.R.A. (N.S.) 
811. 

Grounds  for  revoking  phvsician's  license. 
8  L.R.A.  (N.S.)  585;  17  L.R.A.  ( N.S.  ( 
439:  30  L.R.A.  (N.S.)  783;  L.R.A. 
1915D,  1218. 

Statute  of  limitations  as  a  defense  to  revo- 
cation of  phvsician's  license.  11  L.R.A. 
'(N.S.)   557;'L.R.A.1915D,  1218. 

§    11.  Diplo.na  to. 

Mandamus  to  compel  issuance  of  diploma 
bv  medical  school.  3  L.R,A. (N.S.) 
1115;  L.R.A.1916B,  616. 


INDEX  TO  L.R.A.  NOTES. 

PHYSICIANS  AND  SURGEONS— cont'd 


III.  Duty  and  liahility  to  patient;  mal- 
practice. 

§   12.  Generally. 

Confidential   disclosures   to,   see  Evidence, 

§§  221.  225. 
Liability    of    physician    conducting    private 

hospital,  see  Hospitals,  §  4. 

Mental  suffering  as  element  of  damages  in 
action  against  phvsician  or  surgeon. 
51  L.R.A. (N.S.)   36. 

Liability  of  physician  to  person  treated 
under  emplovment  by  a  third  person. 
L.R.A.1916D.'  650. 

Liabilitv  for  malpractice  when  serving  gra- 
tuitously.    14  LJI.A.  429. 

Negligent  homicide  by.  62  L.R.A.  287; 
L.R.A.]  915D,  201. 

Duty  of  physician  called  to  reduce  fracture 
to  guard  against  infection.  12  L.R.A. 
(N.S.)  752. 

Liability  of  physician  or  surgeon  for  failure 
to  diagnose  fracture  or  dislocation.    28 
j  L.R.A.(N.S.)    136. 

j  Liability  of  physician  as  affected  by  other 
I  calls    on    his    services.      L.R.A.1916B, 

625. 

Liabilitv  of  •  physician  or  surgeon  where 
foreign  material  is  left  in  incision.  46 
L.R.A.(N.S.)   61 L 

Liability  of  physician  for  injuries  resulting 
from  electrical  or  X-ray  treatment.  28 
L.R.A.(N.S.)  262;  43  L.R.A.(N.S.)  734. 

Liability  of  operating  surgeon  for  negligent 
acts  of  interne  or  hospital  nurse  in  car- 
ing for  patient.  27  L.R.A. (N.S.)  1174; 
L.R.A.1918C,  134. 

Liability  of  phvsician  or  surgeon  for  acts  of 
associate.     42  L.R.A. (N.S.)   785. 

Physician's  right  to  determine  frequency  of 
visits  to  patient.     51  L.R.A.  298. 

Time  when  limitation  begins  to  run  on  lia- 
bilitv for  negligence  or  malpractice  of. 
15  L.R.A.(N.S.)   16L 

SuflBciency  as  to  general  allegations  of  neg- 
ligence.    59  L.R.A.  267. 

Burden  of  proof  as  to  contributory  negli- 
gence in  action  for  malpractice.  33 
L.R.A.(N.S.)   1213. 

Proof  necessary  to  discharge  burden  of 
showing  that  the  negligence  or  unskil- 
fulness  of  the  physician  caused  or  con- 
tributed to  the  death  or  injury  of  the 
patient.     15  L.R.A. (N.S.)   416.' 

Right  of  plaintiff  in  action  for  malpractice 
to  avail  himself  of  privilege  as  against 
testimonv  of  defendant  or  other  phy- 
sicians. "^20  L.R.A.(N.S.)  1003. 

Recoverv  bv  physician  as  bar  to  action  for 
malpractice'.  45  L.R.A.  541;  46  L.R.A. 
(N.S.)  222. 

Undertakings  to  defend  malpractice  suits 
as   insurance.     47   L.R.A. (N.S.)    292. 

Recovery  under  Workmen's  Compensation 
Act  for  aggravation  of  injurj'  by  mal- 
practice of  physician  and  effect  of  the 
act  on  independent  cause  of  action 
therefor.     L.R.A.1917D,  172. 


Begin  \vith  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1061 


PHYSICIANS  AND  SURGEONS,  III.— 
cont'd 

Release  by  person  injured  aa  affecting  his 
claim  against  physician  or  surgeon  em- 
ployed by  other  party.     L.R.A.1918A, 

22r. 


§  13.  Degree  of  care  and  skill  required 
of. 

General  dutv  of  physician.     37  L.R.A.  830, 

Wliat  lie  undertakes  to  do.    37  L.R.A.  830. 

Liable  for  what.     37  L.R.A.  832. 

What  are  proper  care  and  skill.  37  L.R.A. 
835. 

Degree  of  skill  and  caro  required  of  special- 
ist.    20  L.R.A.  (N.S.)    1030. 

Liability  of  physician  or  surgeon  for  fail- 
ure to  follow  established  practice  as  to 
method  of  treatment.  37  L.R.A.(N.S.) 
83G;   L.R.A.1915C,  596. 

Practice  of  his  own  school.  L.R.A.1915C, 
598. 

No  presumption  against  him.  37  L.R.A. 
837. 

Free  service.     37  L.R.A.  837. 

General  reputation.     37  L.RJl.  838. 

Who  judges  of  skill.     37  L.R.A.  838. 

Survival  of  action.     37  L.R.A.  838. 

§  14.  Performance  of  operation  or 
autojjsy  without  consent. 

Liability  for  performing  surgical  operation 
without  consent  of  patient.  1  L.R.A. 
(N.S.)  439;  7  L.R.A.(N.S.)  009 ;  50 
L.R.A. (N.S.)    880. 

Liability  for  performing  surgical  operation 
on  'minor  wit.iout  parent's  consent.  7 
L.R.A.(N.S.)  6]2;  41  L.R.A. (N.S.)  290. 

Liability  for  damages  for  performing  un- 
authorized autopsy.     L.R.A.1918D,  404. 

§    15.  Effect  of  patient's  negligence. 

Patient's  own  negligence  or  failure  to  follow 
instrneti'Mis  as  affecting  liability  of 
phvs'cian  or  surgeon  for  malpractice. 
17*  L.R.A.  (N.S.)   1242. 

§    16.  Of  person  other  than  physician. 

Duty  and  liability  of  one  other  than  a  phy- 
sician or  surgeon,  who  contracts  to  pro- 
vide medical  or  surgical  attention  to  an- 
other. 36  L.R.A.  (N.S.)  50;  L.R.A. 
1915D,  884. 


IV.  Negligence  of,  or  failure  to  employ, 
or  obey  conitnands  of,  aa  affecting 
third  person's  liability. 

§    17.  Generally. 

Liability  of  one  causing  personal  injury  as 
alfectod  by  negligence  or  unskilfulness 
of  attending  physician  or  surgeon.  17 
L.R.A.  34;  48  L.R.A. (N.S.)    116. 

Liability  under  accident  policy  for  death 
or  injury  resulting  from  surgical  op- 
eration or  medical  treatment.  26  L.R.A. 
(N.S.)   1004;  L.R.A.1915E,  955. 

Consult  also  L.R.A.  Digests  of  Vases. 


PHYSICIANS    AND     SURGEONS,     IV.— 

cont'd 
Criminal  responsibility  of  one  who  inflicts 
/  a  wound   on    another   resulting   in 

the  latter's  death,  as  affected  l)v 
neglience  or  lack  of  skill  in  treat- 
ment or  care  of  a  wound.  22 
L.R.A.(N.S.)  841;  28  L.R.A. 
(N.S.)  6G5;  L.R.A.1915F,  608. 

§18.  Obeying  or  disobeying  as  affect- 
ing remedy  of  injured  person. 

In  action  against  physician,  see  supra,  §  15. 

Generally.     49  L.R.A.  826;  48  L.R.A.(N.S.> 

110. 
Effect  of  obeying  improper  directions.     49 

L.R.A.  826. 
Effect  of  disobeying  directions.     49  L.Tt.A. 

827. 
Duty    to    submit    to    operation.     48    L.R.A. 

(N.S.)   IIL 

F.  Contracts  and  recovery  for  services, 

§    19.  Contracts. 

Validity  of  contract  to  furnish  a  patient 
medical  services  for  life.  28  L.R.A. 
(N.S.)    1112. 

Effect  of  statute  of  frauds  on  parol  contract 
for  employment  of  physician  which  may 
l)ut  is  not  intended  to  be  performed 
within  a  year.     15  L.R.A. (N.S.)   326. 

Validity  of  contract  by  unlicensed  physician. 
12"L.R.A.(N.S.)  '613. 

§   2  0.  Recovery. 

Medical  services  as  a  family  expense  or 
necessary  within  statute  rendering  wife 
or  her  property  liable  therefor.  L.R.A. 
1017F,  863. 

Amount  of  compensation  for  professional 
services.     L.R.A.ini7A,  1267.' 

Measure  of  compensation  to  pliysician  em- 
ployed to  examine  and  report  on  p!iy- 
sical  condition  of  one  who  contempla- 
tes bringing  action  for  personal  in- 
juries. 25  L.R.A.(N.S.)   70. 

Right  of  physician  to  r^over  for  emergency 
services  rendered  unconscious  person. 
12  L.R.A. (N.S.)  1090. 

Liability  of  relative  for  medical  services  to 
pauper.     L.R.A.1915E,  844. 

Liability  of  public  for  medical  services  to 
indigent  person  in  absence  of  notice  or 
request.     9  L.R.A. (N.S.)    1234. 

Liability  of  public  for  services  of  physicians 
or  surgeons  rendered  i  prisoners.  60 
L.R.A. (N.S.)  .1223. 

Validity  of  contract  to  pay  attending  physi- 
cian percentage  of  damages  recovered 
for  personal  injury.,  33  L.R.A. (N.S.) 
87.  ^  ■  . 

Burden  of  proof  as  to  physician's  license  in 
suit  to  recover  for  services.  8  Ii.R.A. 
(N.S.)   1238.  ■  _  , 

Allowance  for  physician's  services  in  action 
for  personal  injuries  witliout  evidence 
of  the  value  thereof.  19  L.R.A.  ( N.S..) 
920. 

Admissibility  of  books  of  account  tq  ^rove 
professional  services.    52  L.R.A.  698. 


1062 


INDEX  TO  L.RA.  NOTES. 


PHYSICIANS     AND     SURGEONS,     V.— 

cont'd 
Conclusivenoss   of   expert    testimony    as    to 

value  of  services.    42  L.R.A.  769. 
RecoM  IV  by  pliysician  as  bar  to  action  for 

maipractice.     45  L.R.A.  541;  46  L.R.A. 

(N.S.)    222. 


PIANO. 

Exemption    from    seizure    under    execution. 
44   L.R.A. (N.S.)    77. 


PIAZZA. 


Burglary  by  goin^ 
9U9. 


upon.     40  L.R.A.  (N.S.) 


PICK. 

Master's  liability  for   injury  by  defects  in. 
51  L.R.A.{N.S.)  338. 


PICKETING. 


Law  as  to  picketing.     4  L.R.A.  (N.S.)   3C2; 

50  L.R.A. (N.S.)    412. 
Validity   of   statute   or   ordinance   against. 

L.R.A.1918C,  282. 


PICTURE  FRAME. 

Sale  of  picture  frame  by  bawkers  and  ped- 
dlers, and  persons  soliciting  orders  by 
sample  or  otherwise,  as  incidental  to 
transaction  protected  by  commerce 
clause.  19  L.R.A.(N.S.)  315;  28  L.R.A. 
(N.S.)    266. 


PICTURES. 


24 


PIECEMEAL. 

Right  of  municipality  to  secure  public  utili- 
ties by,  to  avoid  constitutional  debt 
limit.     12  L.R.A. (N.S.)   433. 


PIERS. 


See  Whabyes. 


Photograph,  see  Photograph. 
Portrait,  see  Portrait. 

LTnlawfulness     of     indecent    pictures 
L.R.A.  110. 

Common-law  right  in  unpublished  pictures. 
1  B.  R.  C.  196. 

Rights  of  employer  and  employee  with  re- 
spect to  pictorial  work  of  employee.  1 
B.  R.  C.  324. 

Right  of  photographer  or  artist  to  use  pic- 
ture for  his  own  purposes.  42  L.R.A. 
(N.S.)   386. 

Rigltt  to  take  or  retain  in  rogues'  gallery 
picture  of  one  accused  of  crime.  7 
L.R.A.(N.S.)  274:  23  L.R.A.  (N.S.)  739. 

Begin  xvitli  this  ho(>k  on  every  law  question. 


Keeping   of, 
212. 


PIGS. 

a   nuisance.     L.R.A.1917C, 


PILOTS. 

§    1.  Generally. 

License  of,  see  License,  §  37. 

Jurisdiction   of   admiralty   of   contracts   of. 

66  L.R.A.  229. 
Effect  of  omission  to  employ,  on  liability  on 

marine     insurance     policy.       1    L.R.A. 

(N.S.)    1095. 

§   2.  Liability  of  vessel  for  compulsory 

fees  of. 
What  constitutes  compulsory  pilotage.     39 

L.R.A.  177. 
Consideration  and  construction  of  provisions 

for.    39  L.R.A.  177. 
Effect    of    constitutional    restrictions.      39 

L.R.A.  179. 
Effect   of  national  prohibition  against  dis- 
crimination.    39  L.R.A.   181. 
Effect  of  national  provision  for  waters  bj- 

tween  states.     39  L.R.A.  182. 
Effect  of  Federal  licenses  and  license  law?. 

39  L.R.A.  183. 
Conditions   of   liability.      39    L.R.A.    183. 
Outward-bound  pilotage.     39  L.R.A.  189. 
To  whom  and  what  the   liability  attaches. 

39  L.R.A.  189. 
The  amount  or  rate.    39  L.R.A.  191. 


g   3.  Lien  of. 

Maritime  lien   for  services  of, 
384. 


70  L.R.A. 


§   4.  Negligence  of. 

Liability  of  pilot  to  owner  of  vessel  hirin^' 
him.  for  damage  caused  by  his  fault. 
14  L.R.A.(N.S.)   1114. 

Provision  exempting  carrier  from  liability 
for  loss  from  neglect  or  default  of  pilot 
as  extending  to  loss  caused  by  negli- 
gence.    6  B.  R.  C.  133. 


PINCH  BARS. 


Master's  liability  for  injury  by  defect  in. 
L.R.A.(N.S.)   681. 


13 


INDEX  TO  L.R.A.  NOTES, 
PIPES  AND  PIPE  LINES. 


1063 


In  street,  see  Highway,  §§  22,  23. 

Water  pipes  generally,  see  Watebs,  §  112. 

Pipe    line    companies    as    public    utilities. 

L.R.A.1918C,  855. 
Persons  laying  as  independent  contractors. 

65  L.R.A.  488. 
Employer's    liability    for    negligence    of    in- 
dependent contractor  in  construction  of. 

05  L.R.A.  S47. 
Employer's  nonliability  for  acts  of  independ- 
ent contractor  in  laying  of.     65  L.R.A. 

648. 
Pipe  line  as  real  estate  for  purpose  of  tax- 
ation.    15  L.R.A.  299. 
Taking  of  land  for,  as  a  public  purpose.    22 

L.R.A.  (N.S.)   136. 
Laying  pipe  through   land  as  a  taking  for 

which  compensation  must  be  made.    24 

L.R.A.(N.S.)  230. 
Validity  of  contract  for  exclusive  right  of 

way  for,   across  private  property.     36 

L.R.A.{N.S.)   456. 
Prescriptive   right   by   use   of   underground 

water  pipes.     2  L.R.A. (N.S.)    976. 
Easement  of  way  as  including  right  to  lay 

pipes.     L.R.A.1917F,  449. 
Injury    to   trainman    by    pipes    over   track. 

47  L.R.A.  (N.S.)   499. 
Obstruction  of  navigation  by,  liability  for. 

59   L.R.A.  75. 
Lien  on  pumping  or  power  plant  for  pipes 

laid  in  street.     42  L.R.A. (N.S.)   355. 
Liability  for  damage  to  service  mains  by 

excavating     in     street.       L.R.A.1917E, 

1094. 


PLACE. 


PIRACY. 

Of   copyright    publication.      66    L.R.A.    448. 
forfeiture  of  rights  of  innocent  persons  in 

vessel   used   for   piracy.     L.R.A.1916E, 

346. 


PIRATES. 

Admiralty  jurisdiction  of  suit  as  to  vessel 
captured  by.    66  L.R.A.  207. 


PISTOL. 

As  weapon  within  statute  against  carrying 
concealed  weapons.  34  L.R.A.(N.S.) 
1176. 

As  deadly  weapon.    21  L.It.A.(N.S.)  600. 


PITFALLS. 


Of  demand  for  payment  of  note,-  see  BiiXs 
AND  Notes,  §  51. 

Of  ejection  of  passenger,  see  Cabbiers,  §  34. 

Of  delivery  by  carrier,  see  Cabriers,  §  114. 

Of  filing  or  recording  chattel  mortgage,  see 
Chattel  Mortgage,  §  20, 

Of  imprisonment,  see  Criminal  Law,  §  82. 

Of  voting,  see  Elections,  §   12. 

Of  sale  of  liquor,  see  Intoxicating  Liq- 
uors, §§   26,  27. 

Of  judicial  sale,  see  Judicial  Sale,  §  5. 

Of  payment,  see  Payment,   §   18. 

Of  business,  see  Place  of  Business. 

Of  application  for  removal  of  cause  from 
state  court,  see  Removal  of  Causes,  § 
13. 

Of  trial,  see  Venue. 

Of  signature  to  will,  see  Wills,  §  23. 

Of  service  of  process,  see  Writ  and  Proc- 
ess, §§  11,  12,  ]7. 

Limitation  as  to  in  contract  in  restraint  of 
trade,  see  Contbacts,  §  108. 

Judicial  notice  as  to,  see  Evidence,  §  14. 

Allegations  as  to,  in  indictment,  see  In- 
dictment, Infobmation  and  Com- 
plaint,  §   5. 

Master's  duty  as  to  safety  of,  see  Master 
AND  Sebvant,  III,  a,  6. 

Power  of  officer  to  act  as  determined  by  the 
place  of  performance,  see  Officebs,  § 
29. 

Validity  and  effect  of  provision  in  carrier's 
contract  as  to  place  of  valuation  of 
property  for  purpose  of  determining 
amount'  of  damages.     L.R.A.1918B,  720. 

Right  of  street  railway  company  to  limit 
place  of  transfer.  8  L.R.A.(N.S.)  "287; 
52  L.R.A.(N.S.)   908. 

Of  signature,  to  satisfy  statute  of  frauds. 
L.R.A.1917A,  153. 

Of  location  of  mine.     7  L.R.A. (N.S.)   826. 

Of  examination  of  insured.    52  L.R.A.  426. 

Under  provision  as  to  producing  books  and 
papers.    41  L.R.A.  706. 

Of  making  arrest  as  affecting  officer's  lia- 
bility.    51  L.R.A.  214. 

Of  detention  or  delivery  as  affecting  liabil- 
ity of  officer  making  arrest.  51  L.R.A. 
218. 

Of  resale  of  goods  on  purchaser's  refusal 
to  accept  them.  42  L.R.A. (N.S.)  681, 
685. 

Of  statements  made  sometime  after  accident 
as  affecting  admissibility  as  res  gestae. 
42  L.R.A.(N.S.)   921. 


PLACE  OF  BUSINESS. 

Validity  of  classification  in  Sunday  law  as 
to  keeping  open.  14  L.R.A.  (N.S.) 
1259;  32  L.R.A.(N.S.)   1190. 


PLACE     OF     PUBLIC    ACCOMMODA- 
TION. 

Nondelegabilitv  of  duty  to  protect  servant    What   is,   within  meaning  of  Civil  Rights 

from.    54 'L.R.A.  78.  Statute.     L.R.A.] 918F,  829. 

Connult  also  L.R.A,  Digests  of  Cases. 


1064 


INDEX  TO  L.K.A.  NOTES. 


PLACE  OF  TRIAL. 


See  Venue. 


PLACER  MINE. 


§    1.  Grenerally. 

-Application   of  doctrine  of   lateral  support 

to.     68  L.R.A.  674. 
Discovery  in  placer  mining.    7  L.R.A. (N.S.) 

831 
Size  of  placer  claim.     7  L.R.A. (N.S.)    851. 

§   2.  Location  of. 

What  may  be  located  as  placer  claim.     7 

L.R.A.(N.S.)    809. 
Form  of  location.     7  L.R.A. (N.S.)   847. 
Application  to  placer  mining  claims  of  rules 

as  to  recording.    7  L.R.A.  (N.S.)  867. 
Notice  of.     7  L.R.A. (N.S.)   838. 
Mari<ing  of  placer  claims  on  the  ground.     7 

L.R.A.(N.S.)    862. 
Necessity  of  marking  on  ground  boundaries 

of   placer   claims   on   surveyed   land   of 

the  United  States.    3  L.R.A.(N.S.)  993. 

§   a.     Relocation. 

Relocation  of  placer  claims  as  abandoned  or 
forfeited.     68  L.R.A.  848. 


PLAINTIFFS. 

Parties  plaintiff,  see  Parties,  IL 


PLAN. 

Effect  of  filing  plan  on  amount  of  damages 
in    condemnation    of    proceedings.      26 
L.R.A.  758. 
Right    of    areliitect    in    plans    prepared    by 

,      him.    3  B.  R.  C.  464. 
Riglit   of   architect   to   lien  for   furnishing. 

36  L.R.A.  601. 
Liability  of  architect  to  owner  in  regard  to 

-■    plans.     L.R.A.1918D,  893. 
For    establishment    of    drains    and    sewers. 

60   L.R.A.   176. 
Of    municipality    for    disposing    of    surface 

.      water.     65  L.R.A.  274. 
Right  of  public  to  benefit  of  plans  made  or 
t-  prepared  by  officer  or  employee.    L.R.A. 
1917B,  1183. 


PLANING   MILLS. 


Contributory  negligence  in  continuing  work 
in,  notwithstanding  master's  promise 
to   repair.     29   L.R.A.(N.S.)    602. 


PLATES. 

Right  to  use  engraved  plates  without  con- 
sent of  party  who  has  paid  for  same.. 
50  L.R.A.  397. 


PLATFORM. 


Carrier's  liability  for  injury  to  passenger 
on,  see  C.\RBrERS,  §  60. 

Negligence  of  carrier  as  to,  see  Cakrier.s, 
§§  70-72. 

Contributory  negligence  in  riding  on.  sol- 
Carriers,  §  80. 

Nondelegability  of  duty  to  protect  servants 

from  defects  in.     54  L.R.A.  77. 
Duty  of  storekeeper  towards  customer  as  to 

condition    of.     21    L.R.A.(N.S.)     462; 

L.R.A.1915T',  572. 
Negligence   of   carrier    in    permitting   space 

between     platforms     of     cars.       L.R.A. 

1916D,  1113. 


PLATS    AND    MAPS. 


Dedication  by,  see  Dedication,  §  6. 

Use  of,  bv  counsel  in  argument  to  jury. 
L.R.AJ918D,  80. 

Right  of  public  to  benefit  of  maps,  plats, 
etc.  made  bv  officer  or  employee.  L.R.A. 
1917B,  1183. 

Boundaries  on  conveyance  by  plat.  42 
L.R.A.   .'SOS. 

Constitutionality  of  law  denying  eompcitsa- 
tion  for  improvements  made  after  filiui; 
of  map.     36  L.R.A. (N.S.)    278. 

Effect  of  lines  or  other  indications  on  re- 
corded plat  to  create  an  implied  cove- 
nant.    L.R.A.1917A,  458.  -     • 

Validity  and  effect  of  deed  or  mortgage  exe- 
cuted in  blank  as  to  the  land  to  be  con- 
veyed as  affected  bv  reference  to  map 
or  pla«.    L.R.A.1918A,  1157. 


PLANT  DISEASES. 


Validity  and  construction  of  statutory  reg- 
ulations as  to  infected  orchards,  trees 
or  crops.  43  L.R.A.  (N.S.)  1080; 
L.R.A.1915F,  894. 

Brfjin   ivith  this  hoo'k  on  cvcri/  lair  question. 


PLAY. 

Playing  ball,  see  Playing  Ball. 

Author's    rights    at    common    law    in.      9 

L.R.A.(N.S.)  174;  43  L.R.A.  (N.S.)  639. 
Duty  as  to  obstruptions  or  defects  in  stroe't 

in  case  of  children  at  plav  therein*.     22 

L.?.A.   561;    6   L.R.A. (N.S.)    905:    20. 

L.R.A.(N.S.)      753:      34     L.R.A.(N.S.) 

118;  L.R.A.1916B,  947. 
Reciprocal  duty  of  driver  of  automobile  and 

child  playing  in   street.     L.R.A.1918A, 

257. 
Contributory  negligence  of  child  injured  by 

vehicle  while  playing  in  street.     L.R.A 

1917F,  98. 


INDEX  TO  L.R.A.  NOTES. 


J  06.-> 


PLAY   GROUNDS, 

Power  to  exercise  eminent  domain  for  pur- 
pose of.     48  L.R.A.(N.S.)   487. 


PLAYING    BALL. 


Plaving,    on    Sunday    as    an    offense.      21 
*L.R.A.(N.S.)  63";  32  L.R.A.(N.S.)  1186. 


PLEA. 

In   criminal   cases,   see   Cbiminal   Law,   §§ 

56,  57. 
In  civil  action,  see  Pleading,  §§  36-38. 


PLEADING. 


/.  In  general,  §§  1-15. 

a.  Generalh/,  §§  1-3. 

h.  Incotisintencu ;  profert;  oyer, 

§§  4,  5. 
bb.  Defects    waived    or    cured; 

time  for  objections. 

c.  Judgment   on;   relief  under, 

§§  ft,  7. 

d.  Service  of,  §§  S,  O. 

e.  Amendment;      supplemental 

pleading,  §§  10-12. 

f.  Withdrairal;     strilcing     out; 

misjoinder,  §§  13-15. 
II.  Plaintiff's  pleadings,  §§   §16-35. 
a.  In  general,  §§  16,  17. 
I         h.  On  contract  liability,  §§  18- 
22, 

e.  Negligence,    §§   23-30. 

d.  Torts;   frauds;  undue  influ- 
ence,  §  31. 
€.  In  divorce  suit;  estates  of  de- 
cedents, §§  32,  33. 

f.  Injunction;      judgment,      §§ 

34,  35. 

III.  Defendant's  pleadings,  §§  36-3Sa. 

IV.  Cross  bill,  §  39. 
T.  Reply,  §  40. 

TI.  Demurrer,  §41. 

I.  In  general, 
a.  Generally. 

8    1.  Generally. 

In  criminal  case,  see  Criminal  Law,  §§  56, 

.)7  :     iNDICTMENT,    ETC. 

Admissibility  of  evidence  under,  see  Evi- 
dence, §  329. 

Variance  between  pleading  and  proof,  see 
Evidence,  §§  330-332. 

Identity    of,    see    Identity    and    loEaiTiFi- 

CATION,    §    11. 

Conformity  of  judgment  to  pleadings,  see 
Judgment.  §  12. 

Privileged  nature  of,  see  Libex  and  Slan- 
der, §  29. 

In  mandamus  proceeding,  see  Mandamus,  § 
1!». 

<<in.-iiitt  also  L.R.A.  Digests  of  Cases. 


PLEADING,  I.  a— cont'd 
Petition   for    removal   of   cause   from   state 
court,  see  Removal  of  Causes,  §  12. 

Propriety  of  arguments  by  counsel  to  jury 
referring  to  or  stating  contents  of 
pleadings.     L.R.A.1918D,  54. 

Collateral  attack  upon  judgment  because  of 
iiKsufliciency  of  pleadings,  L.R.A.191CE, 
310. 

Right  to  open  default  to  let  in  defense  re- 
lying on  defects  in  adversary's  plead- 
ings.    L.R.A.1916F,  842. 

In  actions  on  contracts  stipulating  for  pre- 
liminary arbitration.  47  L.R.A.  (N.S.) 
431. 

Necessity  of  incorporating  admission  in 
pleading.     61  L.R.A.  529. 

Controlling  effect  on  Federal  courts  of  de- 
cisions of  state  as  to  matters  relating 
to.     40  L.R.A. (N.S.)    451.    , 

Effect  of  qualifying  words  "as  executor," 
"as  administrator,"  in  pleading.  15 
L.R.A.  851. 

Liability  of  attorney  to  client  for  mistake 
in  pleading.     52  L.R.A.  885. 

Estoppel  to  deny  facts  pleaded  to  defeat 
jurisdiction  of  court.  15  L.R.A.  (N.S.) 
423. 

As  affected  by  question  whether  suit  for 
statutory  penalty  is  a  civil  or  criminal 
prosecution.     27   L.R.A. (N.S.)    745. 

Perjury  in  statements  involving  matters 
of*  opinion  or  belief.  25  L.R.A. (N.S.) 
654. 

Responsiveness  of  special  verdict  to  plead- 
ings.    24  L.R.A. (N.S.)    41. 

Admissions  and  waivers  in  pleadings  b\ 
fiduciaries.     32   L.R.A.  671. 

Publication  of  pleadings  derogatory  to  par- 
ties to  litigation  as  contempt  of  court. 
2  B.  R.  C.  500. 

Charges  of  adultery  in  pleadings  as  ground 
for  divorce  to  wife.  18  L.R.A. (N.S.) 
311. 

Necessity  of  pleading  illegal  enactment  of 
bill.     40  L.R.A.(N.S.)   37. 

§   2.  Verification. 

Omitted  verification  to  initial  pleadings  in 
divorce  suit  as  basis  of  attack  on  de- 
crees.    L.R.A.1917B,   469. 

§  3.  Denials  upon  information  and  be- 
lief. 

Denials  upon  information  and  belief,  or  of 
knowledge  or  information  sufficient 
to  form  belief,  as  to  matters  pre- 
sumptively within  pleader's  knowl- 
edge.   30'L.R.A.(:N.S.)   771. 
Sufficiency  of  denial  upon,  in  action  on  ne- 
gotiable   instrument.      66    L.R.A.    545, 
554. 


b.  Inconsistency ;  profert;  oyer. 

§  4.  Ri^ht  to  plead  inconsistent  de- 
fenses. 

Availability  of  plea  of  limitation  and  plea  to 
the  merits  against  the  same  cause  of  ac- 
tion.   L.R.A.1917C,  71. 

Inconsistency  in  single  plea.    48  L.R.A.  177. 


1066 


INDEX  TO  L.R.A.  NOTES. 


PLEADING,  I.  b— cont'd 
Original   common-law  rule  as  to  inconsist- 
ency between  pleas.     48  L.R.A.  178. 
The  rule  under  the  statute   of   Anne.     48 

L.R.A.   178. 
The  rule  in  equity.     48  L.R.A.  183. 
The  rule  under  reform  procedure.    48  L.R.A. 

185. 
Effect  of  inconsistency  as  a  waiver  or  ad- 
mission.   48  L.R.A.  203. 
Inconsistency,  how  taken  advantage  of.    48 
L.R.A.  208. 

§   5.  Profert;  oyer. 

Profert  and  oyer   of  unsealed   instrument. 
1  L.R.A.(N.S.)   777. 

c.  Judgment  on ;  relief  under. 


§   6.  Judgment  on. 

Judgment  on;   practice. 


4   L.R.A.   239.* 


§    7.  Relief  under  pleadings. 

Right  to  recover  for  ordinary  negligence 
under  allegation  of  gross,  wilful,  or 
wanton  negligence,  or  vice  versa.  69 
L.R.A.  601. 

Right  to  obtain  in  suit  in  equity  relief  that 
might  be  obtained  at  law  where  equi- 
table jurisdiction  is  not  established  be- 
cause of  defectiveness  of  pleadings.  19 
L.R.A.(N.S.)  1065. 

Necessity  that  pleadings  disclose  legal  cause 
of  action  to  entitle  one  to  relief  in 
equity  that  might  be  obtained  at  law  on 
failure  to  establish  ground  of  equitable 
jurisdiction.     19   L.R.A.  (X.S.)    1077. 

Effect  of  default  judgment  bevond  scope  of 
relief  asked.     11   L.R.A.  (N.S.)    803. 

d.  Service  of. 

§   8.  Time. 

First  and  last  days  in  computing  time  on. 

49  L.R.A.  220. 
Extension  of  time  for.  when  last  day  falls 

on  Sunday.    14  L.R.A.  121. 
Pendency   of   motion   as   extending  time  to 
plead.     47  L.R.A.  (N.S.)   853. 


§   9.  On  holiday. 

Service  of,  on  holidays. 


19  L.R.A.  319. 


€.  Amendment;  supplemental  pleading. 

§    10.  Amendment. 

Amendment  of  indictment,  see  Indictment, 

ETC.,  §  30. 
Relation    of   new   pleadings   to   statutes    of 

limitation,  see  Limitation  of  Actions, 

§  64. 

Amendment  of,  to  cure  defect  for  which 
motion  in  arrest  of  judgment  has  been 
made.     67  L.R.A.  179. 

Amendment  in  suit  by  or  against  partner- 
ship in  firm  name.  29  L.R.A. (N.S.) 
284. 

Amendment  of  complaint  in  action  against 
carrier  for  torts  of  servant  to  passen- 
ger.    40  L.R.A. (N.S.)   1088. 

Begin  uHth  this  hook,  on  every  law  question. 


PLEADING,  I.  e— cont'd 

Right  to  amend  a  common-law  action  for 
personal  injuries  resulting  in  death  into 
a  statutorv  action  for  death,  15  L.R.A. 
(N.S.)    1003. 

Amendment  of  pleadings  in  proceeding  to 
perpetuate  testimonv.  25  L.R.A. (N.S.) 
680. 

Amendment  of  pleading  as  discharge  of 
sureties  on  bonds  given  to  dissolve  at- 
tachments or  on  bail,  bonds  in  civil 
actions.     42   L.R.A. (N.S.)    484. 

Effect  of  failure  of  plaintiff  in  action  on 
contract  to  avail  himself  of  his  right 
to  introduce  by  amendment  breaches  of 
contract  occurring  during  the  pendency 
of  his  action.     8  L.R.A.(N.S.)    1197. 

Right  to  accept  favorable  part  of  order  al- 
lowing amendments  and  appeal  from 
the  rest.     29  L.R.A.  (N.S.)  25. 

Amendment  of  complaint  in  suit  for  di- 
vorce or  separation  so  as  to  show  resi- 
dence or  domicil.  48  L.R.A.  (N.S.) 
779. 

Amendment  as  to  plaintiff  in  statutory  ac- 
tion for  death.     L.R.A.1916E,  172. 

Amendment  of  pleadings  in  action  under 
Federal  emplovers'  liability  act.  L.R.A.. 
1915C,  80. 

§11.  —time  6f. 

Right  to  amend  pleadings  after  final  de- 
cision on  appeal.     18  L.R.A. (N.S.)   263. 

Amendment  of  pleading  in  appellate  court 
to  conform  to  proof.    L.R.A.1916D,  841. 

§    12.  Supplemental  pleading. 

Right  to  set  up  judgment  in  other  court  by 
amendment  or  supplemental  complaint. 
49  L.R.A.  285. 
Supplemental   bill  in  nature  of  bill  to  re- 
view   interlocutorv    decree.      1    L.R.A. 
(N.S.)   1029. 
Supplementary   pleadings    in   proceeding  to- 
perpetuate  testimony.    25  L.R.A. (N.S.) 
680. 
May  original   petition   or   complaint   wliich 
states  no  cause  of  action  be  aided 
by  supplemental  pleading.     L.R.A. 
1916D,  676. 


/.  Withdrawal;   striking    out;    misjoin- 
der. 

§13.  Withdrawal. 

Power  of  defendant's  attorney  to  withdraw 
answer  and  permit  default  judgment. 
33  L.R.A.  515. 

Jurisdiction  of  court  to  award  custody  of 
child  after  prayer  for  divorce  has  been 
withdrawn  or  dismissed.  35  L.R.A. 
(N.S.)  1159;  L.R.A.1917D,  976. 

§    14.  Strilcing  out. 

Power  to  punish  disobedience  to  orders   in 

case   by   striking   pleadings.     4   L.R.A. 

(N.S.)    1185;   27  L.R.A.(N.S.)    1062. 
Striking   out    pleading    to    cure    defect    for 

which  motion  in  arrest  of  judgment  ha» 

been  made.    67  L.R.A.  182. 


INDEX  TO  L.R.A.  NOTES. 


1067 


PLEADING,  I.  f— cont'd 
§   15.  Misjoinder. 

Joinder  of  cause  of  action,  see  Action  or 

Suit,  VI. 
Joinder  of  parties,  see  Parties,  §§  25,  36. 

Right  to  join  in  one  complaint  claims  of 
ordinary  and  gross  negligence  arising 
out  of  one  state  of  facts.  31  L.R.A. 
(N.S.)   158. 

Right  to  join  prayer  for  return  of  plaintiff's 
property  with  prayer  for  divorce.  29 
L.R.A.(N.S.)   819. 

Right  to  join  in  one  complaint  claims  of 
ordinary  and  gross  negligence  arising 
out  of  same  state  of  facts.  31  L.R.A. 
(N.S.)    158. 

Alleging  in  single  count  two  or  more  acts 
of  nogligence  capable  of  contributing  to 
injury.    27  L.R.A. (N.S.)  792. 

Joinder  of  parties  with  alternative  allega- 
tions as  to  liability.  51  L.R.A. 
(N.S.)  640. 


II.  Plaintiff's  pleadings. 

a.  In  general. 

§    16.  Generally. 

Amendment  of,  see  supra,  §§  10,  11. 
Reply,  see  infra,  §  40. 
Demurrer,  see  infra,  §  41. 

Right  under  statute  to  an  order  for  the  ex- 
amination of  an  adverse  party  to  en- 
able one  to  frame  his  pleadings. 
L.R.A.1918C,  590. 

Necessity  and  sufficiency  of  allegations  as  to 
unkno%vn  parties  in  action  against  par- 
ties designated  as  unknown.  L.R.A. 
1918F,  629. 

Sufficiency  of  pleading  to  permit  introduc- 
tion of  parol  evidence  tliat  written  in- 
strument importing  an  absolute  trans- 
fer was  intended  to  operate  as  a  mort- 
gage.    L.R.A.1916B,  552. 

Necessity  of  consistency  in  complaint  with 
respect  to  representative  or  individual 
capacity  of  party.    1  L.R.A. (N.S.)  161. 

]\Iay  original  petition  or  complaint  which 
states  no  cause  of  action  be  aided  by 
supplemental  pleading.  L.R.A.1916D, 
676. 

Necessity  of  pleading  the  statute  of  frauds. 
49  L.R.A.(N.S.)   1. 

Complaint  as  aiding  defective  summons. 
44  L.R.A.(N.S.)    138. 

Necessity  that  pleading  in  action  bj'^  stock- 
holder on  behalf  of  the  corporation 
show  demand  upon,  and  refusal  of, 
board  of  directors  to  act.  51  L.R.A. 
(N.S.)    107. 

Joinder  of  parties  with  alternative  allega- 
tions as  to  liability.  51  L.R.A. (N.S.) 
640. 

Necessity  for  alleging  that  action  for  death 
is  within  the  statutory  period.  L.R.A. 
1915E,  1192. 

In   action   against   infant.     5   L.R.A.   178.* 

In  proceeding  to  perpetuate  testimony.  25 
L.RA.(N.S.)   679. 

Consult  also  L.R.A.  Digests  of  Cases. 


PLEADING,  II.  a— cont'd 

Failure  to  allege  filing  of  claims  by  creditors 

and  insufficiency  of  assets  in  action  by 

trustee  in  bankruptcy  to  recover  assets 

of  estate  or  to  set  aside  preference.    17 

L.R.A. (N.S.)  350. 
In  suit  for  relief  from  mistake  of  law  as  to 

effect  of  instrument.     28  L.R.A.(N.S.) 

913. 
In  suit  to  set  aside  divorce  decree.    L.R.A. 

1917B,  610. 

§  16a.  Necessity  of  theory  of  the  case 
in  pleading:. 

In  general.     50  L.R.A.(N.S.)    4. 

Pleader's  theory  of  facts.     50  L.R.A. (N.S.) 

9. 
Materialitv    of    character    of    action.      50 

L.R.A.(N.S.)    17. 
Ascertainment   of   character   of  action.      50 

L.R.A.(N.S.)   19. 

§    17.  Against  telegraph  company. 

Pleading  in  action  to  recover  damages  for 
mental  anguish  in  telegraph  cases. 
49  L.R.A. (N.S.)   279. 

b.  On  contract  liability. 

§    18.  Generally. 

Sufficiency  of  common  counts  under  the 
Code.    34  L.R.A. (N.S.)  364. 

Pleading  as  to  secondary  contract  abrogat- 
ing or  altering  prior  contract.  L.R.A. 
1915B,  68. 

Recovery  on  common  counts  by  one  who 
abandons  a  contract  for  work  or  labor 
or  services  without  cause  or  justifica- 
tion.    L.R.A.1916E,  790. 

In  action  on  contract  in  violation  of  law. 
12  L.R.A.  (N.S.)    622. 

Necessary  allegations  in  action  of  account 
between  cotenants.  :  28  L.R.A.  850. 

In  action  by  wrongfully  disch£^rged  servant 
for  damages  from  breach  of  contract. 
6  L.R.A.(N.S.)  64, 

In  action  by  lessor  against  lessee  for 
breach  of  covenant  as  to  payment  of 
taxes  and  assessments.  L.R.A.1915A, 
362. 

In  actions  on  contracts  stipulating  for  pre- 
liminary arbitration.  47  L.R.A. (N.S.) 
431. 

Pleading  in  action  on  subscription  for 
charity.     48  L.R.A. (N.S.)   807. 

In  action  to  recover  purchase  price  where 
purchaser  has  wrongfully  repudiated 
his  contract.     51  L.R.A. (N.S.)   760. 

In  litigation  between  promoters  as  to  pro- 
motion contracts.     L.R.A.1918E,  851. 

Duty  of  insured  to  negative  death  or  acci- 
dent from  excepted  cause  in  action  on 
insurance  policy.  50  L.R.A.(N.S.) 
1006. 

§   19.  Bills  and  notes. 

In  action  to  enforce  obligation  payable  in 
coin.     29  L,R.A.  597. 


§  20.  —against  Indorser. . 

Complaint    against    indorser    of    note. 
L.R.A.(N.S.)    563. 


IS 


1Q$8 


INDEX  TO  L.R.A.  NOTES. 


PLEADING,  II.  b— cont'd 
§   21.  Bonds. 

la   action    on    bond    delivered    without 
signature  of  the  principal  obligor, 
i       L.R.A.(N.S.)   1122. 


the 
12 


§   22-  Specific  performance. 

Necessity,  in  complaint  for  specific  perform- 
ance of  alleging  adequacy  of  considera- 
tion for  contract  sought  to  be  enforced. 
1!)  L.K.A.(N.S.)   178. 

In  action  for  specific  performance  of  con- 
tract to  give  security.  6  L.R.A. (N.S.) 
507. 

e.  Negligence. 

8   2  3.  Generally. 

Pleading  particular  cause  of  injurv  as  waiv- 
er of  right  to  rely  on  res  ipsa  loquitur. 
24  L.R.A.  (N.S.)"  788;  L.R.A.1915F, 
992. 

Eifect  of  specification  of  particular  bodily 
injuries  comprehended  within  general 
allegation  to  exclude  others  otherwise 
comprehended  witliin  general  allegation. 
27  L.R.A. (N.S.)    837. 

.\lleging  in  single  count  two  or  more  acts 
of  negligence  capable  of  contributing 
to   injury.     27    L.R.A.  (N.S.)    792. 

Right  to  join  in  one  complaint  claims  of 
ordinary  and  gross  negligence  arising 
out  of  same  state  of  facts.  31  L.R.A. 
(N.S.)   1.58. 

In  private  action  for  violation  of  statute 
not  expressly  conferring  right  of  action. 
9   L.R.A. (N.S.)    390. 

In  action  for  injuries  received  through 
fright  of  horse  by  automobile  on  high- 
way.    48  L.R.A.(N.S.)    966. 

§   2  4.  Siifliclency  of  general  allegations 

of  negligence, 
fienerally.     59  L.R.A.  210. 
Tiie  rule  as  generally  stated.     59  L.R.A.  210. 
More  particular  statement  of  the  rule.     59 

L.R.A.  211. 
Reasons  for  rule.     59  L.R.A.  214. 
Averment  of  duty  as   an   element  of  negli- 
gence.    59  l!r.A.  214. 
The  rule  as  affected  by  necessity  of  notice 

of  nature  of  claim'.     59  L.R.A.  216. 
EflTect   of   the   nature   of   the   negligence   or 

wrong.     59  L.R.A.  217. 
The  rule  as  aflected  bv  metliod  of  asserting 

defect.     59  L.R.A.  218. 
The   rule   as   affected   by   accompanying  al- 

■    legation  of  facts.     .59  L.R.A.  221. 
Application  of  rules  to  negligence  of  ordi- 
nary railroads.     59  L.R.A.  222. 
Application  of  rules  to  negligence  of  street 

railroads.     59  L.R.A.  238. 
Application   of   rules   to   negligence  of   car- 
riers.    59  L.R.A.  239. 
Application  of  rules  to  municipal  negligence. 

59    L.R.A.   248. 
Application   of   rules   to   negligence   of   em- 
ployer     injuring      employee.         59 
L.R.A.  252. 
Application    of   rules   to   breach   of    official 

duty.     59  L.R.A.  267. 
Application   of   rules  to  improper   perform- 
ance   of   professional   duty.     59   L.R.A. 
267. 


PLEADING,  II.  c— cont'd 

Application  of  rules  to  breach  of  contract- 
ual duty.     59  L.R.A.  267. 

Application  of  rules  to  maintenance  of  pub- 
lic nuisance.     59  L.R.A.  269. 

Application  of  rules  to  maintenance  of  de- 
fective or  unsafe  premises  to  struc- 
tures.    59  L.R.A.  270. 

The  rule  as  to  pleading  contributory  negli- 
gence.    59  L.R.A.  275. 

§2  5.  As  to  animals. 

Sufficiency  of  general  allegations  of  negli- 
gence in  keeping  dangerous  animals.  59 
L.R.A.  272. 

Necessity  of  alleging  negligence  in  mode  of 
keeping  animal  known  to  be  dangerous. 
2  B.  R.  C.  21. 

§   26.  Of  master. 

Sufficiency  of  general  allegations  of  master's 
negligence.     59    L.R.A.    252. 

As  to  master's  knowledge  as  element  of  lia- 
bility.    41  L.R.A.  145. 

Complaint  alleging  breach  of  one  or  more 
absolute  duties  of  master.  54  L.R.A. 
61. 

Sufficiency  of  complaint  in  action  under 
Federal  employers'  liability  act.  47 
L.R.A.(N.S.)    74;    L.R.A.19i5C,   78. 

§   2  7.  In  respect  to  highway. 

Sufficiency  of  general  allegations  of  negli- 
gence as  to  highway.     59  L.R.A.  248. 

Sufficiency  of  allegation  of  facts  in  regard 
to  defect  in  street  or  highway,  in  action 
against  municipal  corporation  for  in- 
juries received  therefi'om.  21  L.R.A. 
(N.S.)    42. 

In  actions  against  township  for  defects  in 
highway.     13   L.R.A.(N.S.)    1243. 

§   28.  Of  carrier  or  railroad  company. 

Sufficiency  of  general  allegations  of  negli- 
gence of  carriers.     59  L.R.A.  239. 

Sufficiency  of  averments  of  negligence  of  car- 
rier causing  injury  to  passenger.  13 
L.R.A.  (N.S.)  602;  29  L.R.A.  (N.S.) 
809;  L.R.A.1916C,  366. 

Sufficiency  of  general  allegations  of  negli- 
gence of  ordinary  railroads.  59  L.R.A. 
222. 

In  private  action  for  violation  of  police  or- 
dinance affecting  operation  of  railroads. 
5  L.R.A. (N.S.)   215. 

Requisites  of  averments  in  complaint  as  to 
causal  connection  between  violation  of 
law  or  ordinance  by  a  railroad  company 
and  injury.     8  L.R.A.(N.S.)    987. 

Necessity  and  sufficiency  of  allegation  as 
to  time  of  injury  to  persons  or  prop- 
erty on  railroad  track.  L.R.A.1915A, 
781. 

§  29.  Negativing  contributory  negli- 
gence. 

Necessity  as  to  alleging  freedom  from  con- 
tributory negligence.     33  L.R.A. (N.S.) 

1152.   1201. 

§  3  0.  Recovery  for  ordinary  negligence 
under  allegation  of  gross,  wilfn!.  or 
wanton  negligence  or  A'ice  versa. 

Generally.     69  L.R.A.  601. 


Begin  tvith  this  hook  on  every  late  question. 


INDEX  TO  L.R.A.  NOTES. 


1069 


PLEADING,  II.  c— cont'd 

Allegation  of  wilful  or  gross  negligence.  69  j 

L.R.A.  602.  I 

Allegation  of  reckless  or  wanton  neirligcnce,  I 

or  both.     69  L.R.A.  608.  "  j 

Recovi'ry    on    allegation    of    ordinary    nogli-  j 

gence,  on  proof  of  wilful  or  gross  neg-  | 

ligence.     6!)    L.R.A.   608,  \ 

Under  statute  or  ordinance.     69  L.R.A.  612.  j 

d.  Torts;    fraud;    louZiie    inftncnce.      \ 

§    31.  Generally.  I 

Recovery  of  money  or  property  obtained  by  j 

fraud,  under  tlie  common-law  count  for  j 

money  had  and  received.     L.R.A.lOlBF,  ! 

4;i9.  ; 

Necessity  of  averring  seduction  in  order  to 
recover  therefor  in  an  action  for  breacli  j 
of  promise.     ;i3  L.R.A.  (X.S.)   702.  j 

111  iutioii  against  carrier  for  wilful  tort  of  | 
servant  to  passenger.  40  L.R.A.  (N.S.)  ! 
1085.  \ 

Rkading  in  prosecution  for  violation  of  j 
hours  of  service  laws.  L.R.A.1915D,  I 
422;  L.R.A.1917A,  1207.  | 

Pleading  in  action  for  defamation  of  un-  i 
named  person.     48  L.R.A.  (N.S.)   .361.      | 

Plead iiig  in  suit  to  set  aside  on  ground  of  ! 
undue  influence  in  conveyance  of  prop-  [ 
erty  in  consideration  of  support  of  tlio  ! 
grantor  or  a  third  person.  52  L.R.A.  | 
(N.S.)    482.  j 

I 

e.  In  divorce  suit;  estates  of  decedents.  \ 

§   32.  In  divorce  suit. 

Attack   on  divorce  decree  resting  upon   in- 
firmities  of    pleading   in    divorce    suit,  j 
L.R.A.1917B,  468.  j 

In  action  for  divorce  for  habitual  drunken- i 
ness.     34  L.R.A.  452. 

Necessity  of  alleging  jurisdictional  residence 
in  diA'orce  proceedings.  12  L.R.A. 
(N.S.)   1197. 

Riglit  to  join  prayer  for  return  of  plaintiff's 
property  with  prayer  for  divorce.  29 
L.R.A.  (N.S.)    819. 

Amendment  of  complaint  in  suit  for  di- 
vorce or  separation  so  as  to  show  resi- 
dence or  domicil.  48  L.R.A.(H.S.) 
779. 

§   33.  Kstates  of  decedents. 

In  suit  against  heirs  on  obligations  of  an- 
cestor.    21  L.R.A.  92. 

f.  Injunction;  judgment. 

§   34.  Injunction. 

In  suit  to  enjoin  collection  of  purchase  mon- 
ey where  title  to  land  is  defective.       7  } 
L.R.A. (N.S.)    461. 

Necessity  of  alleging  fraud  in  use  of  geo- 
graphical name  as  a  trademark  or  trade 
name  or  on  the  ground  of  unfair  compe- 
tition.    26  L.R.A. (N.S.)   75. 

§   35.  Judgment. 

How  judgment  pleaded.     4  L.R.A.  685.* 
Consult  also  L.It.A.  Digests  of  Cases. 


I  PLEADING— cont'd 


III.  Defendant's  pleadings. 

§    3«.   (Jenerally. 

Denial  on  information  and  belief,  see  supra, 

§  3. 
Inconsistency  in  defenses,  see  supra,  §  4. 
Cross  bill,  see  infra,  §  39. 
Demurrer,  see  infra,  §  41. 
Plea  in  criminal  case,  see  Criminal  Law,  § 

56. 

Right  under  statute  to  an  order  for  the  ex- 
amination of  adverse  party  to  enable  de- 
fendant to  frame  his  pleadings.  L.R.A. 
191 8C,  598. 

As  to  omission  of  stamp  from  instrument. 
48  L.R.A.  317. 

Of  failure  of  consideration  as  defense  to 
action  on  purchase  price  note.  39 
L.R.A. (N.S.)   949. 

Estoppel  to  plead  defense  of  limitations.  63 
I^R.A.   193. 

Pleading  trutli  as  a  defense  to  a  civil  ac- 
tion for  libel  or  slander.  21  L.R.A. 
511:  31  L.R.A.(N.S.)  138;  30  L.RA.. 
(N.S.)   1042. 

How  defense  pleaded  in  action  for  damages 
for  wrongful  discharge  of  servant.  6 
L.R.A.(N.S.)    79. 

Pleading  other  employment  in  mitigation 
or  reduction  of  damages  for  wronyfnl 
discharge  of  servant.  6  L.R.A.  (N.S.) 
107. 

Sufficiency  of  general  averment  of  want  of 
consideration.    L.R.A. 1917F,  581. 

Sutliciency  of  general  allegations  of  coii- 
tributory  negligence.     59  L^R.A.  275. 

Sulriciencv  of,  in  action  under  Federal  em- 
plovers'  liabilitv  act.  47  L.R.A. (N.S.) 
76:L.R.A.1915C,  79. 

As  to  excuse  for  violation  of  hours  of  serv- 
ice laws.  L.R.A.1915D,  422;  L.R.A. 
1917A,  1207. 

Sufiiciencj'  of  allegations  as  to  misstate- 
ments by  insured  respecting  family  his- 
tory.    L.R.A.1917C,  876. 

Of  condonation  of  matrimonial  offense. 
6  B.  R.  C.  671. 

Nature  and  form  of  plea  of  alien  enemy. 
5  B.  R.  C.  590. 

In  actions  on  contracts  stipulating  for  pre- 
liminary arbitration.  47  L.R.A. (N.S. ). 
431. 

g   3  7.  What   must   be   pleaded. 

Defenses  available  under  general  denial  or 
a  plea  of  the  general  issue  in  edition  of 
ejectment.     L.H.A.1918F.  247. 

Avaihibility  of  breach  of  warranty  as  de- 
fense in  re|)levin  or  claim  and  delivery 
where  not  specially  pleaded.  34  L.R.A. 
(N.S.)    473. 

Necessity  of  ))leading  limitation  as  bar  to 
statutory  action  for  death.  26  L".R.A. 
(N.S.)   1221. 

Necessity  that  plea  of  justification  or  privi- 
lege correspond  to  the  words  imputed 
to  the  defendant  by  the  complaint  in 
an  action  for  libel".  28  L.R.A.  ( N.S. > 
351. 


1070 


INDEX  TO  L.R.A.  NOTES. 


TLEADING,  III.— cont'd 

Effect  of  failure  of  personal  representative 

to  plead  statute  of  limitations  as  to  an 

indebtedness  of  the  estate  as  a  waiver 

thereof.     L.R.A.1915B,  1048. 
Condonation  of  matrimonial  offense.     6  B. 

R.  C.  671. 

§  37a.  —statute  of  frauds. 

Necessity  of  pleading  the  statute  of  frauds. 
49  L.R.A.(N.S.)   ]. 

§   38.  General  denial. 

Defenses  available  imder  general  denial  or 
a  plea  of  the  general  issue  in  action  of 
ejectment.     L.R.A.1918F,  247. 

Availability  of  plea  of  limitation  and  plea 
of  general  issue  against  same  cause  of 
action.     L.R.A.1917C,  72. 

Effect  of  general  denial  on  necessity  for 
proving  freedom  from  contributory  neg- 
ligence.   33  L.R.A.(N.S.)   1157. 

Sufficiency  of  general  denial  to  raise  defense 
of  statute  of  frauds.  49  L.R.A.(N.S.)  ■ 
11. 

§  38a.  Denying  ownership  of  plaintilT 
in  action  on  negotiable  instruments. 

Actions  by  third  parties.     66  L.R.A,  513. 
Actions   by   immediate   parties.     66   L.R.A. 
550. 

JV.  Cross  bill. 

§  39.  Generally. 

Use  of  cro3S  bill  or  cross  complaint  to  bring 
in  new  parties.     26  L.R.A. (N.S.)    127. 

Right  to  set  up  by  cross  bill  inequitable 
conduct  of  plaintiff  in  respect  to  sub- 
ject-matter not  involved  in  the  original 
bill.     13  L.R.A.(N.S.)  408. 

In  action  to  remove  cloud  on  title  by  de- 
fendant not  in  possession.  12  L.R.A. 
(N.S.)   64. 

\N'hen  local  venue  be  disregarded  upon  the 
ground  that  the  action  or  proceeding 
is  ancillary  or  incidental,  in  case  of 
cross  bill  seeking  affirmative  relief. 
L.R.A.1916D,  1135. 

V.  Reply. 

§   40.  Generally. 

Effect  of  reply  to  restore  right  of  plaintiff 
to  open  and  close  after  making  of  ad- 
mission.    61  L.R.A.  559. 

Departure  in  reply,  in  actions  for  conver- 
sion.    8  L.R.A. (N.S.).  291. 

TI.  Demuii'er. 

§  41.  Generally. 

Conclusiveiiess  of  judgment  on,   see  Judg- 
'     MENT,  §  31. 

Sufficiency  of  general  allegations  of  negli- 
gence as  against  demurrer.  59  L.R.A. 
218. 

Raising  objection  of  duplicity  by  demurrer. 
49  L.R.A.  (N.S.)  454. 

May  a  demurrer  to  a  separate  defense  be 
'  carried  back  to  the  complaint,  where 
the  defend^ant  has  also  pleaded  a  gen- 
eral denial.     26  L.R.A. (N.S.)    117. 


PLEADING,  VI.— cont'd 

Sufficiency  on  denuirrer  of  allegation  of  facts 
in  regard  to  defect  in  street  or  highway 
in  action  against  municipality  for  in- 
juries received  therefrom.  21  L.R.A. 
(N.S.)   42. 

Right  of  one  defendant  to  benefit  of  other's 
demurrer.     33   L.R.A.  (N.S.)    310. 

Collateral  attack  for  fraud  not  affecting  ju- 
risdiction on  judgment  on  demurrer.  36 
L.R.A. (N.S.)   984. 


PliEDGE  AND  COLLATERAIj  SE- 
CURITY. 

/.  In  general,  §§  1-3. 
II.  Validity;  delivery;  effect,  §§  4-6, 
III.  Mights,    duties,    and    linhilities    of 
parties   and    tliird   persons^ 
§§  7-14. 

a.  In  general,  §§  7-10. 

b.  Sale,  §§  11-14. 

I.  In  general. 

§    1.  Generally. 

Of  corporate  stock,  see  Corpoeations,  §§ 
92-94,  113. 

Taking  and  pledging  property  with  intent 
to  return  it,  as  larceny.  52  L.R.A. 
(N.S.)   1017. 

Parol  evidence  that  a  written  instrument 
importing  a  complete  transfer  of  title 
was  intended  to  operate  as  a  pledge. 
L.R.A.1916B,   18. 

Manner  of  pledging  or  assigning  book  ac- 
count.    27  L.R.A. (N.S.)    066. 

Interpleader  between  pledgeor  and  pledge*'. 
10  L.R.A. (N.S.)   757. 

Effect  of  payment  on  security  held  as  col- 
lateral to  stay  running  of  statute 
against  principal  obligation.  12  L.R.A. 
(N.S.)    1032. 

Merger  of  mortgage  by  conveyance  from 
mortgagor  to  mortgagee  where  mort- 
gage had  previously  been  assigned  as 
collateral.     39    L.R.A.(N.S.)    841. 

Effect  on  negotiability  of  bill  or  note  of 
provision  accelerating  maturity  on  at- 
tempt to  dispose  of  collateral  security. 
35  L.R.A.(N.S.)  393;  L.R.A.1915B,  472. 

§  2.  As  distinguished  from  chattel 
mortgage. 

Distinguislied  from  chattel  mortgage;  con- 
sideration.    4  L.R.A.  305.* 

§   3.  Authority  for. 

Bv  agent,  of  principal's  property.  14  L.R.A. 

234. 
Authority  of  traveling  salesmen  to   pledge 

principal's  credit  for  traveling  expenses. 

18  L.R.A.  667. 

//.  Validity;  delivery;  effect. 

§   4.  Validity. 

Pledge  of  corporate  stock,  see  Coeporations, 

§  92. 

Pledge  of  securities  by  insolvent  bank  as  an 
unlawful  preference.    L.R.A.1917A,  701. 


Begin  with  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1071 


PLEDGE  AND  COLLATERAL  SECURITY, 
11. — cont'd 

Power  of  national  bank  to  take  stock  of 
other  corporation  as  collateral  secur- 
ity.    L.R.A.1916A,  586. 

Power  of  bank  to  pledge  assets  to  secure 
depositor.     45   L.R.A.(N.S.)    950. 

Validity  of  promissory  note  given  as  col- 
lateral to  invalid  oral  agreement;  within 
statute  of  frauds.     18  L.R.A.  142. 

Validity  of  assignment  of  life  policy  as  col- 
lateral security  to  one  paying  pre- 
miums.    3  L.R.A.  (X.S.)  951. 

Assignment  as  collateral  security  for  a  debt 
as  within  provision  against  assignment 
of  insurance  policy.    L.R.A.1918D,  1160. 

Voidability  of  pledge  witliin  four  months 
of  bankruptcy  given  pursuant  to  execu- 
tory agreement  antedating  such  period. 
17  L.R.A.  (N.S.)  9:J7. 

§   5.  Delivery  or  change  of  possession. 

Setting  aside  pledged  or  mortgaged  proper- 
ty retained  by  pledgeor  or  mortgagor 
on  his  own  premises  or  under  his  own 
control  as  a  delivery  of  change  of  pos- 
session.    25   L.R.A. (N.S.)    525. 

Issuance  and  delivery  by  warehouseman  of 
receipt  for  his  own  property  as  a  con- 
structive transfer  of  possession  essen- 
tial to  valid  pledge.  16  L.R.A. (N.S.) 
227;  30  L.R.A.(N.S.)  552;  52  L..R.A. 
(N.S.)  754. 

§    6.  Effect. 

On  rights  of  parties  and  third  persons,  see 

infra,  III. 
Sufficiency    of    pledge    to    secure    loan    by 

trustee,  see  Trusts,  §  26a. 

How  far  may  pledge  be  effectual  of  which 
the  pledgeor 's  agent  is  made  depositary. 
25  L.R.A.  577. 

As  ground  for  attachment.     30  L.R.A.  479. 

Effect  of  taking  collateral  security  upon 
maritime   lien.     70  L.R.A.  406. 

Effect  of  taking  collateral  security  upon 
conditional  sale.  20  L.R.A. (N.S.)  1065; 
33  L.R.A. (N.S.)   491. 

Of  fori-cd  instrument  as  uttering  or  publish- 
ing.    8  L.R.A. (N.S.)  1177. 

Pledge  of  receipts  or  property  as  creation 
of  indebtedness  within  debt  limit  provi- 
sion. 37  L.R.A. (N.S.)  1085;  L.R.A. 
1917E,  447. 

Taking  security  from  maker  as  a  waiver  of 
presentment  and  notice  by  indorser.  33 
L.R.A. (N.S.)   641. 

Recital  in  note  as  to  security  as  affecting 
its  negotiability.     32  L.R.A. (N.S.)   858. 

Pledge  or  assignment  by  mortgagee  of  hia 
interest  in  the  mortgage  debt  or  prop- 
erty as  affecting  his  right  against  in- 
surer.   L.R.A.1917E,  330.      . 

III.  Rights,    duties,    and    Uabilities   of 
parties  and  third  persona. 

a.  In  general. 

§   7.  Generally. 

Persons  taking  commercial  paper  as  col- 
lateral security  as  bona  fide  holders,  see 
Bills  axu  Notes,  §  40. 

Consult  also  L.R.A.  Digests  of  Cases. 


PLEDGE  AND  COLLATERAL  SECURITY, 

III.   a — cont'd 
Rights   of    pledgee    of   corporate   stock,   see 

Corporations,  §  93. 
Duty  of  pledgee  of  corporate  stock,  see  CoB- 

I'OBATIOXS,    §    94. 
Liability  of  pledgee  of  corporate  stock,  see 

Corporations,  §  113. 
Surety's   right  as  to   collateral   pledged  by 

principal,  see  Pbincipai.  and  Surety, 

§  23. 

Succession  or  inheritance  tax  on  interest  of 
pledgor  or  pledgee.     L.R.A.1197r,  278. 

Pledgeor  or  pledgee  as  real  party  in  inter- 
est bv  whom  action  must  be  brought. 
64  L.R.A.  617. 

Duty  of  pledgee  as  to  care  of  thing  pledged. 
17  L.R.A.  193. 

Responsibility  of  holder  of  paper  as  collater- 
al security  for  default  of  those  to  whom 
the  paper  is  entrusted  for  collection. 
L.R.A.1917E,  509. 

Effect  of  failure  of  holder  to  make  de- 
mand or  give  notice  of  dishonor  of 
paper  held  as  collateral  or  conditional 
payment.     68  L.R.A.  482. 

Treatment  of  collateral  held  by  creditor  of 
insolvent  or  bankrupt.  L.R.A.1918B, 
1024. 

Extent  of  recovery  bv  pledgee  on  note.  44 
L.R.A.  243. 

Right  of  pledgee  of  conditional  vendee  to 
assert  title  as  against  conditional  vend- 
or.    25  L.R.A. (N.S.)    790. 

Authority  of  pledgee  to  compromise  obliga- 
tions held  as  collateral  security.  28 
L.R.A.(N.S.)  980. 

Right  of  one  who  takes  commercial  paper 
of  corporation  as  security  for  an  indi- 
vidual debt  of  officer.  31  L.R.A.(N.S.) 
169;  L.R.A.1918F,  1163. 

Holder  of  bill  or  note  as  collateral  security 
as  a  bona  fide  holder.  31  L.R.A. (N.S.) 
287. 

Right  of  holder  of  note  as  collateral  to 
protection  as  bona  fide  holder  when 
principal  obligation  is  collectible.  4 
L.R.A.(N.S.)    1042. 

Garnishment  of  negotiable  paper  pledged  as 
collateral  security.     L.R.A.1918C,  754. 

Garnishment  of  claim  to  surplus  on  pledge. 
59  L.R.A.  368. 

Maker's  right  to  defend  against  transferee 
after  maturity  on  ground  that  paper 
was  intended  for  collateral  security.  46 
L.R.A.  774. 

Duty  of  creditor  to  surety  with  respect  to 
manasfement  and  collection  of  collateral. 
37  L.R.A. (N.S.)   699. 

Rights  of  lien  holder  as  to  captured  prop- 
erty.   5  B.  R.  C.  1002. 

Right  of  one  whose  securities  have  been 
pledged  to  bank,  to  secure  a  loan  to 
another,  to  be  subrogated  to  the  bank's 
lien  on  latter's  deposit  and  collateral. 
43  L.R.A. (N.S.)    197. 

Right  of  piurchaser  of  a  draft  from  a  bank 
to  lien  or  preference  to  collateral  in 
hands  of  drawee  upon  insolvency  of  the 
drawer.     L.R.A.1915B,  438. 


1072 


INDEX  TO  L.R.A.  NOTES. 


ptJ':dge  and  collateral  security, 

III.  a — cont'd 

Right  of  purchaser  or  pledgee  of  stock 
from  one  witli  whom  it  was  pledged  or 
deposited  by  the  owner  without  sign- 
ing a  transfer  or  power  of  attorney. 
L.R.A.1916F,  491. 

Right  of  indorsee  or  transferee  of  a  bill  or 
note  to  liold  collateral  for  indebtedness 
other  than  that  directly  secured.  L.R.A. 
1915F,  968. 

§   8.  Loss  or  waiver  of  right. 

Effect  of  unaccepted  tender  upon.  33  L.R.A. 

237. 
Waiver  of,  by  attachment  or  execution.     50 

L.R.A.  719. 
Effect   of   renewal   of   principal's  obligation 

to  release  party  to  a  note  executed  to 

the    creditor    as    collateral.     23    L.R.A. 

(N.S.)    HL 
Loss  of  collateral  by  treating  note  secured 

as  itself  collateral  for  a  new  note  for 

the  Same  debt.     30  L.R.A. (N.S.)    1215. 

§   9.  —  by  surrender  of  property. 

The  ancient  rule.  39  L.R.A. (N.S.)  887. 
General  modern  rule.  39  L.R.A. (N.S.)  887. 
Exceptions;    delivery    for    sale.     39    TaR.A. 

(N.S.)    889. 
Delivery    for    collection.     39    L.R.A.  (N.S.) 

890. 
Delivery    for    exchange.     39     L.R.A.  (N.S.) 

891, 
Delivery   for   special,   temporary   use.        39 

L.R.A.  (N.S.)    891. 
Delivery  to  third  person  agreed  upon.       39 

L.R.A.  (N.S.)    892. 
Delivery   to   pledgeor   as   agent   of   pledgee. 

39  L.R.A.  (N.S.)   892. 
Miscellaneous.     39   L.R.A. (N.S.)    892.. 

§    10.  Redeniption. 

Riglit  to  have  trust  property  wrongfully 
pledged  by  a  trustee  for  his  individual 
benefit  redeemed  by  money  belonging 
to  his  insolvent  estate.  6  L.R.A. (N.S.) 
487. 

Demand  and  notice  for  pledged  property 
where  term  of  redemption  is  indefinite. 
43  L.R.A.   752. 


PLEDGE  AND  COLLATERAL  SECURITY, 
III.  b — cont'd 

§  12.  Of  collateral  bonds  and  commer- 
cial paper. 

Authority  to  sell.  43  L.R.A.  742;  53  L.R.A. 
857. 

Bonds.     43  L.R.A.  743;   53  L.R.A.  857. 

Commercial    paper.       53    L.R.A.     857; 
L.R.A.1918C,  628. 
Notice  of  time,  place,  and  manner  of  sale. 

53  L.R.A.  862. 
Judicial    and    execution    sales.     53    L.R.A. 

863. 
Who  may  purchase.     53  L.R.A.  864. 
Remedy 'of  pledgeor.     53  L.R.A.  865. 

§  13.  Pledgee's  conversion  of  pledged 
property  by  invalid  sale. 

What  sales  amount  to  a  conversion.  4.'i 
L.R.A.  737. 

Power  to  sell.     43  L.R.A.  742. 

Demand  and  notice.     43  L.R^A..  750. 

Conduct  of  sale.     43  L.R.A.   756. 

Purchase   by   pledgee.   43   L.R.A.   758. 

Tender  of  payment  to  render  conversion  ac- 
tionable.'   43  L.R.A.  759. 

Ratification  of  sale  and  waiver  of  convt-r- 
sion.     43  L.R.A.  760. 

Remedies.     43  L.R.A.  763. 

Measure  of  damages.     43  L.R.A.   768. 

§14.  Rights  of  purchaser. 

Right  of  purchaser  of  collateral  security  to 
enforce  it  for  more  than  the  amount  of 
the  debt  secured.     32  L.R.A. (N.S.)    42. 

Does  assignee  of  mortgage  as  collateral  se- 
ouritj',  who  forcloses  the  same  and  pur- 
chases the  property,  hold  the  title  sub- 
ject to  a  trust  in  favor  of  the  assignor. 
7  L.R.A.  (N.S.)    1094. 


PLOWING. 


Plowing   and   cultivating   land   as   an    •im- 
provement."    20  L.R.A.(N.S.)   378. 


PLUMBING. 


b.  Sale. 

§    11.  Generally. 

Effect  of  application  to  indebtedness  of 
proceeds  of  sale  of  collateral  security 
upon  running  of  statute  of  limitations. 
27  L.R.A. (N.S.)  843;  L.R.A. 1 91 6A,  734. 

Effect  of  unautliorized  sale  or  disposal  of 
pledge  by  pledgee  to  dispense  with  ten- 
der as  a  CMidition  of  trover  against 
him.  6  L.R.A.(N.S.)  298;  24  L.R.A. 
(N.S.)   511. 

Wrongful  sale  of  pledged  property  or  col- 
lateral as  larceny.  31  L.R."A.(N.S.) 
999. 

Effect  of  application  to  indebtedness  of  pro- 
ceeds of  sale  of  collateral  security  up- 
on running  of  statute  of  limitations. 
L.R.A.1916A,  734. 

Begin  u-ith  this  boolc  on  every  laiv  question. 


Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §   137. 
License  of  plumbers,  see  License,  §  38. 

Legality    under    modern    anti-trust   acts   of 

combinations    of    plumbers.     5    L.R.A. 

(N.S.)    138. 
Right   of   municipal   corporation   to   engage 

in   business   of.     31    L.R.A. (N.S.)    119. 
Liability  of  .landlord  to  third  persons  as  to. 

26  L.R.A.  202. 
Liability  of  landlord  to  tenant  for  damage 

bv    water    due    to    defective    plumbing. 

i>v.A.1917B,  225,  236,  244. 
Liability  to  tenants  of  part  of  premises.    25 

L.r'.A.  159. 
Duty  01  landlord  to  keep  plumbing  in  proper 

repair     for     tenant's     use.     .36     L.R.A. 

(N.S.)    90V. 


INDEX  TO  L.R.A.  JSOTES. 


1073 


PNEUMOXIA. 

As    element    of    dama<,'('s    for    negligent    in- 
jury.    48   L.H.A.(X.S.)    101. 


POCKET  KNIVES. 

As  deadly  weapons.     21   L.Tl.A.(N.S.)    503. 


POINTING   WEAPON. 

As   assault.      15   L.R.A.(N.S.)    1272. 


POISON. 

§    1.  Generally. 

Blood   poisoning,  see  Blood  Poisoning. 
Cunstitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  138. 

Death  from  taking  poisonous  substance  as 
accident  or  accidental  means  ■within 
meaning  of  accident  insurance  policy. 
L.R.A.iniBA,  481. 

Master's  liability  for  injury  done  by  serv- 
ant to  third  person  in  use  of  poison 
placed  in  his  custody.  10  L.R.A.(N.S.) 
374. 

Liability  of  master  for  injuries  to  servant 
from  fumes  arising  from  materials. 
:{.-)  L.R.A.(X.S.)   079. 

Administering  poison  with  intent  to  murder 
or  kill  person  other  than  the  one  taking 
it.     37  L.R.A.{N.S.)    174. 

Proof  of  corpus  delicti  in  prosecution  for 
poisoning.     08  L.R.A.  71. 

§   2.  Sale  of. 

Private  action  for  violation  of  statute  reg- 
ulating sales  of.     9   L.R.A.(X.S.)    382. 

Constitutionality,  construction,  and  efTect  of 
statute  prohibiting  or  regulating.  30 
L.R.A.  (N.S.)    519. 

What  are  poisons  within  statute  regulating 
pharmacists.      26    L.R.A.  (N.S.)     1013. 

Liability  of  druggists  for  injury  to  stranger 
bv  poison  sold  by  him.  13  L.R.A. 
i'X.S.)  040. 


POIiES. 

For  carrying  electric  wires,  see  Elec- 
tricity. 

In  street,  see  Highways,  §  24. 

.Master's  liability  for  injury  to  servant  by 
■  ))oles  near  street  car  tracks,  see  Mas- 
ter AND  Servant,  §  97. 

Municipal  liability  for  injury  by  pole  in 
street.      20   L.R.A.(N.S.)    607,   649. 

Master's  liability  for  injury  by  defect  in. 
',]  L.R.A. (N.S.)   338. 

Doctrine  of  attractive  nuisance  as  applied 
to  telegraph   poles.     L.R.A.191.5D,   168. 

Consult  also  L.R.A.  Digests  of  Cases. 


POLICE. 

§    1.  Generally. 

Character  of  occupancy  of  premises  by.  4 
L.R.A.(X.S.)    719,  726,  729. 

Policemen  as  public  officers.  36  L.R.A. 
(X.S.)    8S1. 

Right  to  compel  policeman  to  submit  to 
physical  examination  to  determine  fit- 
ness.    33  L.R.A.  (X.S.)   2.39. 

Voluntariness  of  confession  to  police  offi- 
cers. 18  L.R.A.(X.S.)  801,  849;  50 
L.R.A.  (N.S.)   1088. 

Power  to  grant  immunity  to  witness. 
L.R.A.1918A,  376. 

Authority  of  superior  officer  of  railway  po- 
lice to  contract  for  services  of  other 
persons.     L.R.A.1918F,  65. 

Reports  of  police  officers  as  privileged  com- 
munications.    30  L.R.A. (N.S.)  315. 

Power  to  enjoin  illegal  acts  of  i>olice  of- 
ficers other  than  arrest.  2  L.RJ\.(N.S.) 
678,  683. 

Requiring  dealings  in  junk  to  be  reported 
to.     24  L.R.A.  (N.S.)   1173. 

Mandamus  to  conip<'l  enforcement  of  liquor 
law  by.     28   L.R.A. (N.S.)    246. 

Parol  evidence  to  vary  or  supplement  min- 
utes of  police  board.  50  L.R.A.  (X.S.  I 
9!). 

Binding  effect  on  municipality  of  knowledge 
or  notice  of  police  officer  of  defect  or 
obstruction  in  street.  L.R.A.1918B, 
651. 

Validity  of  statute  or  ordinance  for  direc- 
tion of  street  traffic  bv  police  officers. 
L.R.A.1918F,  1113. 

§   2.  Pensions  to. 

Power  to  require  municipality  to  pension 
policemen.     ,34  L.R.A. (N.S.)   (508. 

Nature  and  circumstances  of  injury  as  af- 
fecting right  to  share  in  pension  or  in- 
surance fund  for  policemen  and  firemen. 
20  L.R.A.(N.S.)   1176. 

Vested  right  in  pension.  50  L.R.A.  (N.S.) 
1019. 

§   3.  Payment  for  services  of. 

Right  of  police  to  reward,  see  Reward,  §  4. 

Right  of  liiunicipality  to  require  theater  to 
))ay  for  services  of  policemen  performed 
at  the  theater  or  place  of  exhibition. 
U  L.R.A. (N.S.)   700. 

§   4.  Injury  to. 

Applicability  to  policemen  of  Workmen's 
Compensation  Acts.     L.R.A.1918F,  191. 

Liability  of  ownei"  of  property  for  injury 
to  firemen  or  policemen  in  discharge  of 
duty.  30  L.R.A.(N.S.)  60;  L.R.A. 
1916B,  794. 

Contributory  negligence  of  policeman  in- 
jured by  defects  in  street.  21  L.R.A. 
■(N.S.)    630. 

g   5.  lilability  of. 

Liability  to  civil  action  for  acts  of  ju- 
dicial nature.     44  L.R.A. (N.S.)   164. 

Liability  for  making  arrest.  L.R.A. 1 91 5B, 
505. 


68 


1074 


POLICE— cont'd 

Liability  of  policeman  for  injury  after  mak- 
ing   arrest.       1   L.R.A.(N.S.)     1024;     3 
L.R.A.(N.S.)   508. 
Liability  of  chief  of  police  for  detaining  per- 
son    improperly     arrested.     42    L.R.A. 
(N.S.)  74. 
Homicide  by  peace  officer  in  attempting  to 
enforce  his  commands  gainst   innocent 
persons.     L.R.A.1918D,  379. 
Liability  of  police  officer  for  wrongful  act 
as  allected  by  tlie  fact  tiiat  he  was 
acting    under    orders    of    superior. 
50  L.R.A.(N.S.)   987. 

§  6.  liiability  for  acts  of. 

Liability  for  acts  of  servant  employed  as 
policeman,  see  Masteb  and  Sb^jvant, 
§  22. 

Liability  of  municipality,  see  Municipai, 
Corporations,  §  82. 

Liability  of  private  person  or  corporation 
for  acts  of  special  police  officer  appoint- 
ed bv  public  authority.  23  L.R.A. 
(N.S.")  289;  30  L.R.A. (N.S.)  481;  39 
L.R.A.(N.S.)  122;  43  L.R.A.(N.S.) 
1164;  L.R.A.1915C,  1183. 


INDEX  TO  L.R.A.  NOTES. 

POLITICAIi  AFFILIATIONS. 


POLICE  BUILDING. 

Liability  of  municipal  corporation  for  tort 
in  connection  with.  25  L.R.A. (N.S.) 
93. 


POLICE   COURTS. 


May  judges  of,  be  vested  or  burdened  with 
powers  or  duties  of  a  judicial  character. 
19  LJl.A.(N.S.)   615. 


POLICE   POWER. 


In  general,  see  Constitutional  Law,  §  23a. 

Priority  over  mortgage  of  statutory  lien 
for  work  not  beneficial  to  the  property, 
done  in  the  exercise  of  the  police  power. 
L.R.A.1918C,   1024. 


POLICE    REGULATIONS. 


Against  fire,  see  Buildings,  §  4. 
As  to  food,  see  Food. 

When  police  regulation  is  construed  to  ap- 
ply to  public  oflBcials.  1  L.R.A.(N.S.) 
878. 

Liability  for  rent  as  affected  by  fact  that 
property  cannot  be  devoted  to  use  in- 
tended without  alterations  to  conform 
to  police  regulations.  39  L.RA.. (N.S.) 
894. 

Begin  tvith  this  hooJc  on  every  law  question. 


As    disqualification    of    judge.     19    L.R.A. 
(N.S.)  602. 


POLITICAL  DIVISION. 

Election  districts,  see  Election  Districts. 

Effect  of  detachment  from  a  political  divi- 
sion of  territory  in  which  an  officer  re- 
sides upon  his  tenure  of  office.  20 
L.R.A.(N.S.)   358. 


POLITICAL  MATTERS. 

Judicial  notice  of,  see  Evidence,  §  9. 

Obligation  of  members  of  labor  union  as  to. 
5  L.R.A. (N.S.)    891. 

Interference  by  equity  with  matters  preced- 
ing election.     3  L.R.A.  (N.S.)   382. 

Injunction  against  nonlibeloue  publication 
affecting  political  rights.  L.R.A.1917A, 
163. 


POLITICAL  MEETING. 

Character  of,  essential  to  oft'ense  of  disturb- 
ing meeting.  30  L.R.A.  (N.S.)  832;  45 
L.R.A.(N.S.)    109. 


POLITICAL   OBLIGATIONS. 

Right  of  labor  union  to  impose  political  ob- 
ligations on  its  members.  1  B.  R.  C. 
90. 


POLITICAL  PARTIES. 


In  general,  see  Elections. 


election   laws. 
L.R.A.1917A, 


Destruction  of,  by  primary 
22  L.R.A.(N.S.)  1137; 
260. 

Discrimination  as  to,  in  primary  election 
laws.  22  L.R.A.(N.S.)  1144;  L.R.A. 
1917A,  263. 

Constitutionality  of  legislation  affecting 
party  representation  on  official  ballot. 
35   L.R.A. (N.S.)    353. 

Constitutionality  of  statute  regulating  ap- 
pointment to  public  office  with  reference 
to  party  affiliation.  27  L.R.A.(N.S.) 
720. 


POLITICAL  RIGHTS. 

Protection  of,  in  equity.  3  L.R.A.(N.S.) 
382. 

At  what  time  suspension  of,  against  one  un- 
der sentence  commences.  17  L.R.A. 
(N.S.)  502. 


INDEX  TO  L.R.A.  NOTES. 


107 


POLLING  BOOTH. 


In  highway,  see  Highways,  §  35. 


POLL   TAX. 


Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  157. 
Wlu)  liable  for.  see  Taxes,  §  63. 

What  are  poll  taxes.     29  L.R.A.  404. 
l^ower  to  impose.     29  L.R.A.  406. 
Hestrictions    and    limitations.      29    L.R.A. 

407. 
The  restriction  and  equation  of  the  North 

Carolina  Constitution.    29  L.R.A.  407. 
L^pon  whom  imposed.     29  L.R.A.  409. 
Place  of  taxation.    29  L.R.A.  410. 
The  levy  and  collection.     29  L.R.A.  412. 
Disposition.     29  L.R.A.  413. 
Payment  of  poll  taxes  as  a  qualification  of 

electors.    29  L.R.A.  414. 
Legislative  power  to  compel  employer  to  pay 

emplovee's    poll   tax.     9    L.R.A.  (N.S.) 

306. 
Constitutionality  of  poll  tax  as  affected  by 

exemptions  therefrom.    13  L.R.A. (N.S.) 

901. 


POLLUTION. 


Of  waters,  generally,  see  Waters,  §§  55-58, 

66,  77,  80,  103,  313. 
Municipal  liability  for  pollution  of  waters 

by   drains   and   sewers,   see  Municipal 

Corporations,  §  89. 


POLYGAMY. 


Conflict  of  laws  as  to.     57  L.R.A.  159. 
Criminal  liabilitv  of  children  for.    36  L.R.A. 

202. 
Legislative  power  to  for'bid.    2  L.R.A. (N.S.) 

536. 
Husband   or    wife   as   witness    against   the 

other    in    prosecution    for.      2    L.R.A. 

(N.S.)    862. 


PONDS. 

Negligence  as  to  toward  children,  see  Negli- 
gence, §  23a. 
In  general,  see  Waters,  II.  m. 

Right  of  owner  or  lessee  of  mineral  in 
place  to  make  ponds  upon  surface  of 
land.     48  L.R.A. (N.S.)    892. 

Liability  for  injury  by  pond  on  private 
grounds  lying  open  beside  a  highway  or 
frequented    path.       L.R.A.1918A,     855. 

Contributorv  negligence  of  child  falling  into. 
L.R.A.1917F,  109. 

Consult  also  L.R.A.  Digests  Of  Cases. 


POOL.^ 

Of  corporate  stock,  see  Corporations,  §  124. 

As  proper  subject  for  exercise  of  police  pow- 
er.    L.R.A.1917E,  318. 

Effect  of  understanding  that  loser  is  to 
pay  for  game  to  bring  it  within  stat- 
ute against  gambling.  19  L.R.A. (N.S.) 
913. 


POOLING  ARRANGEMENT. 

As  to  corporate  stock,  see  Corporations,  § 
124. 

Association  of  persons  under,  as  partner- 
ship.    18  L.R.A.(N.S.)    1095. 

Between  brokers  as  to  commissions.  45 
L.R.A.  48. 


POOL  ROOM. 


As   a   nuisance.     21   L.R.A. (N.S.)    836, 
Power  of  municipality  to  prohibit  as  a  nui- 
sance.    31   L.R.A.(N.S.)    548. 

^-•-^ 


POOL   SELLING. 


As 


nuisance.      10    L.R.A.  (N.S.)     992:     21 
L.R.A.(N.S.)  836;  44  L.R.A. (N.S.)  Ifll. 
Cruel  and  unusual  punishment  for.    L.R.A. 
1915C,  570. 


POOR  AND  POOR  LAWS. 

§    1.  Generally. 

Liability  of  public  or  officers  having  charge 
of  public  charitable  institution,  for  neg- 
ligence toward  inmates.  6  B.  R.  C. 
552. 

Woman  as  overseer  of  poor.  38  L.R.A. 
211. 

Right  of  counsel  assigned  to  defend  in- 
digent person,  to  compensation  from 
public,  in  absence  of  statute.  36 
L.R.A.(N.S.)    377. 

§  2.  Residence  of. 

Residence  of  inmates  of  almshouses  for  pur- 
pose of  voting.  23  L.R.A.  215;  40 
L.R.A.(N.S.)   169. 

Residence  of  inmate  of  charitable  or  pub- 
lic home  for  school  purposes.  36  L.R.A. 
(N.S.)   344;  51  L.R.A. (N.S.)  234. 

§   3.  Settlement. 

As  affecting  liability  for  support  during 
epidemic.     26  L.R.A. (N.S.)    729. 

Settlement  of  servants.  4  L.R.A.  (N.S.) 
698  and  particularly  704,  708,  709,  712, 
715,  720,  721,  723. 

§   4.  Support. 

Bequest  for  relief  of  poor,  see  Chabities. 


1076 


INDEX  TO  L.R.A.  NOTES. 


I'OOR  AND  POOR  LAWS— cont'd 

-Moral  obligation  as  consideration  for 
promise  to  pay  for  past  support  of 
.  pauper.  53  L.R.A.  358;  20  L.R.A. 
(N.S.)     520. 

Settlement  as  affecting  liability  for  sup- 
port in  time  of  epidemic.  26  L.R.A. 
729. 

Ell'ect  on  liability  for  support  of  pauper 
of  division  of  territory  of  municipality, 
town,  or  county.    39  L.R.A.  (N.S.)  290. 

Right  to  compensation  from  public  for 
relief  furnished  poor  person,  in 
cases  not  provided  for  by  law,  or 
where  there  has  been  no  compli- 
ance with  statutory  prerequisites. 
39  L.R.A.(N.S.)   161. 

Liability  of  public  for  medical  services  to 
indigent  person  in  absence  of  notice  or 
request.    9  L.R.A. (N.S.)   1234. 

Right  to  use  public  funds  to  relieve  per- 
sons not  entirely  without  means  of 
their  own.     27  L*R,A.(N.S.)    1079. 

Validity  of  statute  providing  for  govern- 
mental assistance  of  individual  mem- 
bers of  certain  classes  of  unfortunate 
or  afflicted  persons.  7  L.R.A. (N.S.) 
1196. 

Liability  to  poor  person  for  failure  to 
furnish,  or  neglisjenee  in  furnishing, 
relief.     39  L.R,A.(N.S.)   168. 

§  5.  —  liability  of  alleged  pauper  or  his 
family. 

Liability  of  alleged  pauper,  or  his  estate, 
to  pay  for  support  or  gifts  ob- 
tained on  the  ground  of  poverty. 
55  L.R.A.  570. 

Liability  of  relative  for  medical  services  to 
pauper.      L.R.A. 1915E,   844. 


POOR  DEBTOR. 


First  and  last  days  in  computing  time  in 
case  of.     49  L.R.A.  242. 

EfiTect  of  delivery  of  poor  debtor's  bond  un- 
signed by  principal  obligor.  12  L.R.A. 
(N.S.)    1118. 


POP. 

Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.(N.S.)    316. 


popuijArity  contest. 

Legality  of.     L.R.A.1917D,  489. 


POPULATION. 


PORCHES. 

Porches  extending  beyond  line  as  violation 
of  building  restrictions.  52  L.R.A. 
(N.S.)    1047,  1054. 


PORT. 

Home  port,  see  Homk  Port. 


PORTABLE  MACHINES. 

Duty  to  guard,  see  Mastkk  and  Servant. 


PORTABLE  FURNACE. 

As   part  of   realty.      1    B.   R.   C.  972. 


PORTABLE    RANGES. 

As  part  of  realty.     1  B.  R.  C.  972. 


PORT    CHARGES. 

Necessity  of  franchise  for.     37  L.R.A.  718. 


PORTER. 

.Judicial  notice  of  intoxicating  character  of. 
48  L.R.A. (N.S.)   .306. 


PORTICOS. 


Porticos  extending  bej^ond  line  as  violation 
of  building  restrictions.  52  L.R.A. 
(N.S.)    1047,   1054. 


PORTRAIT. 


See  also  Photographs;  Pictures. 

Right  to  duplicate  without  consent  of  per- 
son under  contract  with  whom  the  origi- 
nal was  produced.     7  L.R.A. (N.S.)   362. 

Sentimental  value  as  measure  of  damages  in 
case  of  loss  of,  or  conversion  of,  or  in- 
jury to,  family  portraits.  L.R.A. 1917D, 
503. 


POSITION. 


.Judicial   notice   of.     4   L.R.A.   39.* 

Jiefjin  with  this  hoolc  on  evevij  laiv  question. 


Right  of  witness  to  express  opinion  as  to- 
L.R.A.1918A.  699. 


INDEX  TO  L.R.A.  NOTES. 


107: 


POSSESSIOX. 

7.  Real  property,  §§  J-4. 
II.  Personal  property,   §§   5-8. 

Presumption  from,  see  Evidenck,  §  105. 
lleceiver's  right  of,  see  Receivers,  §  12. 

I.  Real  property. 

§    1.  Generally. 

Adverse  possession,  see  Adverse  Posses- 
sion. 

Title  by  adverse  possession,  see  Adverse 
Possession. 

Recovery  of,  by  forcible  entry  and  detain- 
er proceeding,  see  Forcible  Entry  and 
Uetainek. 

Uecovery  of  possession  of  leased  premises, 
see  Landlord  a>d  Tenant,  §§  \)i,  95. 

As  to  mortgagee  in  possession,  see  Mort- 
gages, §  31. 

Writ  of,  see  Writ  of  Possession. 

Mandatory  injunction  as  to.  20  L.R.A. 
109. 

Descent  of  posscssorv  title  to  mining  claim. 
i  L.R.A.  (N.y.)  *919. 

Question  of,  in  injunction  against  tres- 
pass to  cut  timber.     22  L.R.A.  236. 

Character  of,  necessary  to  sustain  action 
of  trespass  q.  c.  f.  30  L.R.A.  (X.S.) 
243. 

Right  to  preliminary  injunction  wliich 
would  have  ellect  of  transferring  pos- 
session from  defendant  to  plaintiil'.  '■'>{) 
L.R.A.  (N.S.)   31. 

Right  of  witness  to  state  who  was  in  pos- 
session.     14   L.R.A.  (N.S.)    289. 

Right  of  defendant  in  ejectment  under  a 
plea  of  the  general  issue  to  dispute  the 
fact  of  his  possession.  L.R.A.1918F, 
247. 

§    2.  Right  to. 

Tenant's  right  to,  see  Landlord  and  Ten- 
ant, §§  45,  40. 
Life  tenant's  right  to,  see  Liee  Tenants, 

§§  2-7. 

Widow's  right  to  retain  j)ossession  of  part- 
nership real  estate.     27  L.R.A.  347. 

Right  of  holder  of  tax  deed  to  take.  28 
L.R.A.  (N.S.)    398. 

Right  of  lessee  of  life  tenant  to  posses- 
sion on  death  of  his  lessor.  11  L.R.A. 
(N.S.)    688. 

Master's  right  to  resume  possession  of  preni^ 
ises  occupied  by  servant.  4  L.R.A, 
(N.S.)    704. 

§  3.  Effect  of  possession;  right  of 
party  in  possession. 

Adverse  possession,  see  Adverse  Posses- 
sion. 

Taking  possession  as  part  performance  to 
satisfy  statute  of  .frauds,  see  CoN- 
l-RACTS,  §  59. 

Of  real  property  as  notice,  see  Notice, 
§  17. 

As  affecting  right  to  specific  performance, 
see  Specific  Performance,  §  13. 

Possession   as  element  in   location   of  min- 
ing claim.     7  L.R.A. (N.S.)    772. 
CotisnU  also  L.R.A.  Diacstfi  of  Caa^s. 


POSSESSIOX,  I.— cont'd  I 

Possession  of  licensee  to  defeat  trespass 
after  revocation  of  license.  28  L.R.A. 
519. 

Effect  of  possession  on  sale  or  mortgage  of 
future  crops.     23  L.R.A. (N.S.)    453. 

Right  to  crops  growing  on,  or  rental  of, 
real  estate  sold  on  contract  as  affected 
by  possession.     35   L.R.A. (N.S.)    lOO'.t. 

Right  of  tenant  maintaining  possession  by 
means  of  wrongful  injunction  to  crops 
grown  on  the  leasehold.  12  L.R.A. 
(N.S.)    194. 

Effect  of  vendee  retaining  j)ossession  on 
right  to  predicate  fraud  for  misstate- 
ment as  to  title  to  land.  28  L.R.A. 
(N.S.)    212. 

Right  of  vendee  in  actual  possession  to  sus- 
tain action  for  injurv  to  real  prop- 
erty.    30  L.R.A.(N.S.)    231. 

Right  of  party  in  possession  to  sue  for  in- 
jurv by  damming  back  water  of  stream. 
59  L.R.A.  899. 

Right  of  one  in  possession  to  maintain  ac- 
tion for  nuisance  without  proving  ti^le. 
34  L.R.A. (N.S.)    560. 

Effect  of  void  proceedings  under  which 
real  estate  is  sold  to  start  limitations 
running  in  favor  of  purchaser  in  pios- 
session.     8  L.R.A.  (N.S.)    354. 

§  4.  Necessity  of  possession;  effect  of 
failure  to  take  or  have. 

Necessity  of  possession,  on  sale  or  mort- 
I  gage  of  future  crops.     23  L.R.A.  453. 

Possession  as  essential  to  liability  of  as- 
signee of  leasehold  for  rent.  14  L.R.A. 
151. 

Necessity  for  taking  possession  of  land  un- 
der tax  deed  to  set  the  statute  of  limi- 
tations in  motion.  27  L.R.A.(N.S.) 
344. 

Compelling  purchaser  at  judicial  sale  to 
complete  purcliase  where  possession  can- 
not be  given.     21   L.R.A.   48. 

Right  of  one  out  of  possession  to  partition. 
20  L.R.A.  624. 

Specific  performance  of  oral  contract  to 
convey  real  estate  in  consideration  of 
making  improvements  where  possession 
is  not  taken.     33  L.R.A. (N.S.)   534. 

Use  of  force  to  protect  possession  of  real 
propertv  by  one  not  in  actual  posses- 
sion.    L.R.A.1918C,  532. 

On  sale  or  mortgage  of  future  or  growing 
crops.    L.R.A.1917C,  16. 

II.  Personal  propei'ty. 

§   5.  Generally. 

Change  of,  see  Change  of  Possession. 

Delivery  of,  to  donee,  see  Banks,  §  12a; 
GiiTS,  §§   13,   14. 

Of  forged  instruments,  see  Forgery. 

Recovery  of  possession  of  chattels,  see  Per- 
sonal Property,    §   8. 

Denial  of,  upon  information  and  belief.     30 

L.R.A.(N.S.)    777. 
Mandatory    injunction    as    to.      20    L.R.A. 

169. 
Of   property   assigned   for   creditors  before 

attachment.     26   L.R.A.   594. 


1078 


INDEX  TC  L.R.A.  NOTES. 


POSSESSION,  II.— cont'd 

Right  to  preliminary  injunction  which 
would  have  efl'ect  of  transferring  pos- 
session from  defendant  to  plaintiff.  39 
L.Rji.(N.S.)  31. 

Laying  ownership  in  possession  of  property 
as  agent,  bailee,  etc.,  in  indictment  for 
obtaining  property  by  false  pretenses. 

22  L.R.A.(N.S.)   645. 

Right  of  witness  to  state  who  was  in  pos- 
session.    14  L.R.A.(N.S.)    289. 

§   6.  Right  to. 

Finder's  right  to  possession  of  property 
found.     37   L.R.A.   117. 

Right  of  officer  in  executing  criminal  proc- 
ess to  take  possession  of  evidentiary 
articles.  18  L.R.A.(N.S.)  253;  L.R.A. 
1916C,  1017. 

Right  ol  consignee  to  maintain  action 
against  carrier  for  possession  of  prop- 
erty.     36    L.R.A.(^.S.)     70. 

Right  of  one  leaving  his  cliattels  in  an- 
other's possession,  to  claim  title  against 
latter's  vendees  or  creditors.  25  L.R.A. 
(N.S.)    760. 

Effect  of  putting  paper  or  securities  trans- 
ferable by  delivery  or  indorsed  or 
assigned  in  blank  into  another's  pos- 
session, to  estop  owner  as  against  pur- 
chaser in  good  faith.  29  L.R.A.(N.S.) 
252. 

§  7.  Effect  of;  right  of  party  in  posses- 
sion. 

Permitting  mortgagor  to  retain  possession; 

see   Chattel   Mobtgage,    §    14. 
Effect  of  mortgagee's  taking  possession,  see 

Chattel  Mortgage,  §  15. 
Effect  of  delivery  of,  on  statute  of  frauds, 

see   Contracts,   §§  56,  57. 
Leaving  property  in  possession  of  vendor  as 

a  fraud  on  creditors,  see  Fraudulent 

Conveyances,  §§  19,  20. 
Acceptance  of  goods  purchased  by  retention 

of,  see  Sale,  §  23, 

Of  check,  effect  of.    26  L.R.A.  571. 
Effect  of  possession  of  assignee  for  credit- 
ors on  transfer  of  property  out  of  state. 

23  L.R.A.  39,  42. 

Of  property  as  a  crime.     20  L.R.A.  52. 

Right  of  agent  who  was  in  possession  of 
personal  property  to  maintain  action 
for  conversion.     26  L.R.A.(N.S.)    840. 

Right  of  one  having  possession  but  no  title 
to  property  to  maintain  an  action  for 
malicious  prosecution  for  seizure  of  the 
property  in  an  action  against  him.  "28 
L.R.A.(N.S.)    330. 

§  8.  —  as  evidence. 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  from  possession  of 
stolen   property.     69   L.R.A.   198. 

Of  recently  stolen  property  as  evidence  of 
burglary.      12    L.R.A. (*N.S.)    199. 

As  proof  of  knowledge  by  receiver  of  stolen 
goods.     22  L.R.A.(N.S.)    840. 


POSSESSORY  ACTION. 

For  tax   receipts.     45  L.R.A.  (N.S.)    785. 

■ ♦•» 

POSSESSORY    LIEN. 

For  supplies  and   repairs  furnished  vessel. 
70  L.R.A.   366,  411. 


POSSESSORY   TITLE. 

Use  of  possessory  title  as  a  weapon  of  of- 
fense.    40   L.R.A. (N.S.)    487. 


POSSIBILITY. 


Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  681. 


♦  •» 


POSTAL  CLERKS. 

See  Mail  Clerk. 


POSTAL  SERV'ICE. 

See  PosTOFFicE. 

♦-•-♦^ 


POSTCARD. 


Transmission  of  libelous  matter  by  post- 
card or  telegraph  as  publication.  1 
B.  R.  C.  464. 


POSTDATED   CHECKS. 

Effect    of    certification    of.      L.R.A.1917F, 

1099. 
Effect  of  negotiation  of  check  prior  to  day 

of   date   to   put   purchaser   on   inquiry. 

44     L.R.A.(N.S.)      405;     L.R.A.1918F, 

1155. 


POSTHUMOUS   CHILDREN, 

See  Aftebbohn  Children. 


♦  •» 


POSTING. 


Of 


location.      7    L.R.A. 


Begin  with  this  hook  on  every  laic  question. 


notice    of    mining 
(N.S.)    833. 
Effect  on  lien  of  corporation  on  stock  cer- 
tificate of  failure  to  post  by-law  giv- 
ing lien.    39  L.R.A. (N.S.)  300. 


INDEX  TO  L.Px.A.  NOTES. 


1079 


POSTMASTER, 

See  PosTOFFiCE,  §  3. 


POSTMASTER  GEXERAIi. 

Power  of  court  to  interfere  with  rulings  of. 

12  L.R.A.(N.S.)    166. 
Power     of    courts    to    enforce    ministerial 

duties  of.    52  L.R.A.(N.S.)  436. 


POST  MORTEM. 

See  also  Autopsy. 

Power  of  coroner  to  order.     31  L.R.A.  540. 

When  coroner's  inquest  necessary  or  proper. 
21  L.R.A.  394. 

Admissibility  of  finding  of  coroner,  to  show 
cause  of  death.  68  L.R.A.  285;  45 
L.R.A.(N.S.)   404;  L.R.A.1918E,  924. 


POSTNUPTIAL  CONTRACT. 

See  Husband  and  Wife,  §§  47,  48. 


POST  OBIT  BONDS. 

Form  of  judgment  on.    62  L.R.A.  453. 


POSTOFFICE. 


I.  In  genei^al,  §§  1,2. 
II.  Postmasters,  §  3. 
III.  Trattsrnission      and      delivery      of 

mails,   §§  4-S. 
IV.  Crimes;  mailable  matter,  §§  9-12. 

I.  In  general. 

§    1.  Generally. 

(Contract  as  to  location  of.    4  L.R.A. (N.S.) 

589;  L.RJ\..1916D,  727. 
Power  of  courts  to  interfere  with  rulings 

of    Postoffice    Department.      12   L.R.A. 

(N.S.)    166. 

§   2.  Mail  trains. 

Mail  clerk,  see  Mail  Ci.erk. 

Right  to  require  the  stopping  of  mail 
trains.     14  L.R.A. (N.S.)    293. 

Right  to  limit  speed  of  mail  trains.  14 
L.R.A.(N.S.)  293;  L.R.A.1917F,  1187. 

Duty  of  railroad  company  to  one  who  goes 
on  station  grounds  for  purpose  of  mail- 
ing letters  on  mail  train.  24  L.R.A. 
(N.S.)    635. 

II.  Postmasters. 

§   3.  Generally. 

Postmaster  general,  see  Postmaster  Gen- 

EKAL. 

Consult  also  L.R.A.  Digests  of  Cases. 


POSTOFFICE,  II.— cont'd 

Right  of  woman  to  be.     38  L.R.A.  213. 

Liability   of   a   postmaster   or   his   sureties 

for  illegal  acts  done  in  accordance  with 

the    directions    of    a    superior    officer. 

24   L.R.A.(N.S.)    309. 
Liability   for   lost   or   stolen   mail.     L.R.A. 

1915A,  374. 


III.  Transmission  and  delivery  of 
mails. 

§   4.  Generally. 

State  or  municipal  regulations  affecting 
those  engaged  in  handling  United  States 
mail.     L.R.A.1918C,  940. 

Applicability  of  Federal  Employers'  Liabili- 
ity  or  compensation  acts  to  injuries  to 
railroad  employees  while  engaged  in 
handling  interstate  mails.  L.R.A. 
1918D,  426. 

Title  to  money  deposited  in  mail.  L.R.A. 
1918A,  534. 

Presumption  as  to  receipt  of  communica- 
tion sent  through  mail.  49  L.R.A. 
(N.S.)   458. 

When  may  one  who  does  not  personally  mail 
nonmailable  matter  be  regarded  as 
causing  it  to  be  deposited  in  the  mails. 
6  L.R.A.(N.S.)    424. 

WTio  must  bear  loss  when  check  or  bill  is- 
sued to  impostor  is  sent  by  mail.  50 
L.R.A.  81. 

Effect  of  death  of  party  after  the  mailing, 
but  before  the  receipt,  of  his  letter  ac- 
cepting an  offer.     12  L.R.A.(N.S.)  439. 

Where  insurance  contract  deemed  to  have 
been  made  when  policy  is  mailed  to 
local  agent  of  insurer.  63  L.R.A.  840; 
23  L.R.A. (N.S.)  969;  52  L.R.A.(N.S.) 
275,  276. 

Mailing  of  forged  instrument  as  uttering 
or    publishing.      8    L.R.A.(N.S.)     1179. 

Power  of  state  to  prohibit  solicitation  of 
orders  for  intoxicating  liquors  by  mail 
sent  from  another  state.  36  L.R.A. 
(N.S.)  443. 

Delay  of  mail  as  accident  or  surprise  for 
which  judgment  by  default  may  be  set 
aside.     30  L.R.A.(N.S.)    740. 

§   5.  Service  of  notice  by  mail. 

Mailing  notice  as  satisfying  requirement  of 
notice  by  contract.  L.R.A.1915B, 
181. 

Time  allowed  for  mailing  check  or  notice 
of  dishonor  as  affected  by  the  hour 
at  which  the  mail  closes  or  departs. 
4  L.R.A.(N.S.)    132. 

Service  by  mail  of  notice  required  by  em- 
ployer's liability  acts.  28  L.R.A. (N.S.) 
238. 

Mode  of  proving  mailing  of  notice  of  ma- 
turity of  premiums  or  assessments.  7 
L.R.A. (N.S.)    238. 

Necessity  that  notice  of  maturity  of  pre- 
miums or  assessment  sent  through  the 
mail  be  received.     7  L.R.A. (N.S.)   253. 

g   6a.  liiability  for  lost  or  stolen  malK 

Liability  of  postmaster.     L.R.A.1915A,  374, 


1(»S0 


INDEX  TO  L.E.A.  NOTES. 


I'OSTOFFICE,  III.— cont'd 

J^iabilitv    of    postollice    employees.     L.R.A. 

liM'jA,  376. 
Liability  of  mail  contractors.    L.R.A.19I5A, 

376. 
Liability    of     sureties    on     bonds.      L.E.A. 

1915A,  379. 

§   6.  Contract  for  carriage  of  mail. 

Contract  for  carriage  of  mail  matter  in  vio- 
lation of  statute.  12  L.R.A.(N.S.) 
610. 

§    7.  Money  orders. 

Purchase  of  money  order  from  agent  of  in- 
dorsee.    3  L.R.A.  (N.S.)    136. 

EtTect  of  putting  postofiice  order  into  an- 
other's possession  to  estop  owner  as 
against  purchaser  in  good  faith.  29 
L.R.A.(N.S.)    257. 

Negotiability  of  postoffice  money  orders. 
38  L.R.A.(N.S.)    143. 

§   8.  Regi-stered   mail. 

Liability  of  railroad  for  loss  of  registered 
letter.    5  L.R.A. (N.S.)  4.59. 


IV.  Crimes;  mailable  matter. 

§    9.  Cicnerally. 

Exclusion  of  seditious  matter  from  the  mails 
under  the  Espionage  Act.  L.R.A.1918C, 
89. 

Cruel  and  unusual  punishment  for.  L.R.A. 
1915C,  569. 

Locality  of  crime  committed  through  agency 
of 'the  mails.     19  L.R.A.  775. 

Locality  of  oflcnse  of  libel  where  libelous 
communication  is  forwarded  bv  mails. 
49   L.R.A.  (N.S.)    942. 

What  constitutes  a  lottery  within  the  post- 
office  laws.     52  L.R.A\(N.S.)    lOS. 

How  far  is  use  of  mails  by  "healers"  fraud- 
ulent.    70  L.R.A.  989. 

Communications  offering  the  means  or  par- 
aphernalia by  which  frauds  may  be 
perpetrated  as  an  offense  against  the 
postal  laws.     46  L.R.A. (N.S.)    936. 

Instigating  offense  against  mail  as  defense 
to  prosecution.  25  L.R.A.  346;  30 
L.R.A.(N.S.)  948;  51  L.R.A.(N.S.)  827. 

§   10.  Obscene  matter. 

As  to  obscene  literature  in  mails.    24  L.R.A. 

110. 
Evidence  of  other  crimes  in  prosecution  for 

sending  obscene  letters.    62  L.R.A.  239. 
Proof  of   corpus  delicti   in   prosecution   for 

sending  obscene  matter  through  mail. 

68  L.R.A.  55. 

§    11.  Scurrilous  or  defamatory  matter. 

Placing,  scurrilous  or  defamatory  matter 
upon  outside  covering  of  mail  as 
offense  against  postal  laws.  33 
L.R.A.(N.S.)    800. 


§    12.  Decoys. 

Larceny  of  decoy  letter. 
949. 


30  L.R.A.(N.S.) 


POSTOFFICE,  IV.— cont'd 

Instigation  to  offenses  against  postal  laws 
by  sending  decoy  letter  for  purpose  of 
detecting  criminal  as  defense  to  prose- 
cution.    51   L.R.A.(N.S.)    827. 


POSTPONEMENT. 

In   general,   see   Adjournment;    Continu- 
ance. 

Sufficiency  of  notice  of  postponement  of  ju- 
dicial sale.     L.R.A. 1015B,  640. 


POST  ROADS. 


Condemnation  of  right  of  way  for  telegraph 
or  telephone  line  along  railroad  right 
of  way  under  acts  for.  42  L.R.A.  ( N.S. ) 
225. 


POSTS. 

Municipal   liability   for   injury  by  posts   in 
street.     20  L.R.A.  (N.S.)  "607. 


POTASSIUM. 


Liability  for  injury  to  employee  by  explo- 
sion of.    L.R.A.1918B,  864. 


POTENTIAL  EXISTENCE. 

De  facto  officer  in  case  of  office  having  po- 
tential existence.  15  L.R.A.  (N.S.) 
104. 


POTENTIAL,  INTERESTS. 

In  future  crops,  sale  or  mortgage  of.     23 
L.R.A.  455;   L.R.A.1917C,  8. 


POUND. 

See  Animals,  §  20. 


POVERTY. 

In  general,  see  Poor  and  Poob  Laws. 

Public  policy  as  related  to  vow  of  poverty 
by  member  of  communistic  society.  52 
L.R.A. (N.S.)   459. 


Begin  iiHth  this  hooTc  on  evert/  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1081 


POWDER. 

See  Explosions  and  Explosives. 


POWER. 

Delegation  of,  see  Delegation  of  Power. 
Water  power,  see  Wateb  Power. 

Taking  of  property  for  production  and  dis- 
tribution of  electric  power  as  a  pub- 
lic   purpose.      22    L.R.A.(X.S.)     137. 

Liability  of  landlord  furnishing  premises 
with  power  for  injury  resulting  there- 
from.    6  B.  R.  C.  961. 


POWER  COMPANY. 


As  a  manufacturing  company. 
58. 


64  hJELA. 


POWER  OF  ATTORNEY. 

See  Principal  and  Agent,  §§  8-10. 


POWER  PLANT. 


Mechanics'   lien   on.     42  L.R.A.(N.S.)    355. 


POWERS. 

8    1.  Generally. 

Permitting  mortgagor  to  retain  possession 

witli  power  of  sale,  see  Chattel  Mort- 

GMiE,  §  14a. 
Power  to  sell  mortgaged  chattels,  see  Chat- 

j'EL  Mortgage,  §  20. 
Conflict  of  laws  as  to  power  of  appointment, 

see  Conflict  of  Laws,  §  32, 
Power  of  sale  by  executor,  see  Executors 

AND  Administrators,   §  17. 
Power  of  sale  in  mortgage,  see  Mortgage, 

§§   75-77. 
Of  attorney,  see  Principal  and  Agent,  §§ 

8-10. 
Succession    tax    on     property    covered    by 

power  of  appointment,  see  Taxes,  §  98, 

Will  special  power,  other  than  power  of 
sale,  conferred  on  executor  by  will, 
pass  to  an  administrator  with  the  wilt 
annexed.     29  L.R.A.fN.S.)    264. 

Bequest  of  stocks,  bonds,  or  notes  under 
power  of  appointment  as  general  or 
specific.      11    L.R.A.(N.S.)    73. 

May  power  of  sale  be  implied  where  chattel 
mortgage  gives  no  express  power.  3 
B.  R.  C.  921. 

Property  covered  by  power  of  appointment 
as  assets  of  donee's  estate.  L.R.A. 
191 8D,  346. 


POWERS— cont'd 

§   2.  Effect  of;   rights  under. 

Is  power  to  give  option  included  in  power 
to  sell  real  estate.  10  L.R.A.  (N.S.) 
867. 

Limitation  to  heirs  under  rule  in  Shelley's 
Case  by  power  of  appointment.  29 
L.R.A.  (N.S.)    1007. 

Power  of  disposition  bestowed  on  devisee  as 
indicative  of  (juantum  of  estate  intend- 
ed to  be  devised.     18  L.R.A.  (N.S.)  463. 

Eflfect  of  power  of  appointment  on  time  for 
ascertaining  member  of  class  described 
as  testator's  "heirs,"  "next  of  kin," 
"relations,"  etc.,  to  whom  estate  in 
real  or  personal  property  is  limited  by 
wav  of  remainder  or  executory  gift. 
33 'L.R.A. (N.S.)     20. 

Marketability  of  title  based  on  exercise  of 
power  of  sale.     38  L.R.A. (N.S.)    18. 

§   3.  Execution. 

Property  covered  by  power  of  appointment 
as  assets  of  donee's  estate  where  the 
power  has  been  exercised.    L.R.A.1918D, 
346. 
Validity  of  exercise  of  a  power  of  appoint- 
ment by  the  creation  of  a  charge.     &< 
L.R.A.(N.S.)     746. 
Who,  aside  from  donee  or  grantee  expressly 
named,  may  exercise  power  of  sale 
of    real    estate.      50    L.R.A. (N.S.) 
604. 
May   less   than   all  the   donees  or  granteei> 
named  exercise  the   power   of   sale 
of    real    estate.      50    L.R.A.  (N.S.) 
622.  - 
When  power  of  sale  deemed  to  be  coupled 
with  an  interest.     50  L.R.A.  (NS.) 
632. 
When  power  of  sale  deemed  annexed  to  the 
office,  or  given  ratione  oflScii.   50  L.R.A. 
(N.S.)    643. 
Nonexclusive   powers  and  illusory   appoint- 
ments.    L.R.A.1916D,   498. 
Executor  executing  power  of  sale  under  will 

after  discharge.     2  L.R.A. (N.S.)   623. 
Right   of   mortgagee    to   exercise    power    of 
sale    during    pendency    of    foreclosure, 
or  of  action  for  debt  secured.  2  B.  R.  C. 

841.  ; 

§   4.  —  suflficiency  of  execution  by  will. 

How    intent    to    exercise    power    evidenced. 

64  L.R.A.  849. 
Validity  of  attempt  to  exercise  power.     64 

*■  L.R.A.   892. 

May  power   of  disposition   be   exercised   by 

will  in  absence  of  express  provision 

to  that  effect.     L.R.A. 1916C,   1046. 

Relief   in   equity   against  defective  exercise 

of  power.     64  L.R.A.  911. 
When    power    in    effect   absolute   gift.      64 
L.R.A.  913. 


PRACTICE  AND   PROCEDURE. 


As 


Consult  also  L.R.A.  Digests  of  Cases, 


to    civil    cases,    see    Action    or    Suit; 
Damages;  Discovery  and  Inspectio^t ; ,• 


1082 


INDEX  TO  L.R.A.  NOTES. 


PRACTICE  AND  PROCEDURE— cont'd 
Of  Federal  court,  see  Courts,  §§  36,  36a. 
In  criminal  cases,  see  Criminal  Law,  IV.; 

Grand  Jury;  Indictment,  etc. 
As  to  evidence  and  trial,  see  Depositions; 

Evidence;   Trial;    Witnesses. 

Controlling  effect  on  Federal  courts  of  de- 
cisions of  state  as  to  matters  relating 
to.     40  L.R.A.  (N.S.)    451. 

Procedure  under  workmen's  compensation 
act.  L.R.A.1916A,  271;  L.R.A.1917D, 
18L 

In  action  under  Federal  employers'  liabil- 
ity act.     L.R.A.1915C,   79. 

Practice  under  the  Torrens  Law.  L.R.A. 
1916D,  4.5. 

Errors  and  irregularities  of  procedure  in 
divorce  suit  as  basis  of  attack  upon  de- 
cree.    L.R.A.1917B,  470. 

Defects  in  postjudgment  procedure  in 
divorce  suit  as  basis  of  attack  upon  de- 
crees.   L.R.A.1917B,  472. 


PRECIPITATION. 

Of  water  from  building,  see  Wat-ers,  §  54. 


PRE-EMPTION. 

On  public  lands,  see  Public  Lands,  §  15. 


PRAIRIE   FIRES. 

Liability  for  injury  by.     21  L.R.A.  261. 


PRAIRIE  LAND. 


Mechanic's   lien    for    breaking    of. 
1917D,  352. 


LJI.A. 


PREACHERS. 


See  Religious  Societies,  §§  6-9. 


PRE-EXISTING  DEBT. 

As  consideration,  see  Chattel  Mortgage, 
§  6;  Contracts,  §  10;  Sale,  §  72. 

Protection  under  recording  acts  of  mort- 
gage given  as  security  for.  33  L.R.A. 
(N.S.)    57. 

Transferee  of  chattels  in  satisfaction  of  pre- 
existing debt,  as  a  bona  fide  purchaser 
as  against  original  vendor,  from  whom 
thev  were  fraudulently  obtained  by 
transferrer.     35  L.R.A.  (N.S.)    1174. 

May  a  corporation  issue  stocks  or  bonds  in 
payment  of  or  as  security  for,  under 
statute  prohibiting  the  issue  except  for 
money,  labor  done,  or  property  actual- 
ly received.     L.R.A.1916E,  570. 


PRE-EXISTING  DISEASE. 

Effect  of,  on  recovery  under  Workmen's 
Compensation  Act  see  Workmen's 
Compensation,  §  15a. 


PREFERENCES. 


PRECATORY   TRUST. 


See  Trusts,  §  9. 


PRECAUTIONS. 


After  accident  as  evidence  of  negligence,  see 
Evidence,  §  270. 


Against    injury    on    highway. 
(N.S.)   671. 


20    L.R.A. 


In  assignment  for  creditors,  see  Assign- 
ment FOR  Creditors,  §§  15,  16. 

By  bankrupt,  see  Bankruptcy,  §§  1.3-17. 

Of  claims  against  bankrupt,  see  Bank- 
ruptcy, §  24. 

In  funds  of  insolvent  bank,  see  Banks,  § 
40. 

Of  preferred  stock,  see  Corporations,  §  74, 

By  insolvent  corporations,  see  Corpora- 
tions, §  137. 

As  between  claims  against  decedent's  estate, 
see  ExECUTOBS  and  Administrators,  § 
45, 

Preferences  in  fraud  of  creditors,  generally, 
see  Fraudlxent  Conveyances,  §§  8,  9. 

Invalidity  of,  as  against  creditors,  see 
Fraudulent  Conveyances,  §§  8-11. 

Preferences  by  insolvents,  generally,  see  In- 
solvency,  §   3. 

Of  laborers,  see  Laborers,  §  2. 

Of  firm  over  individual  creditors,  see  Part- 
nership, §  17. 

To  surety,  see  Principal  and  Surety,  §  20. 
I  Prior  appropriation  of  water,  see  Waters, 
^~»^ §§  89-91. 

Between  legacies,  see  Wills,  §  105. 
PRECEPT  Right  to,  see  Priority, 

I  Making  preferences  as    ground    of    attach- 
Tor  summoning  grand  jury.    27  L.R.A,  778,  ment,     30  L,R,A,  484. 

Begin  ivith  this  booT^  on  every  law  question. 


PRECEDENCE. 


Between  conveyances  of  real  property,  see 

Records  and  Recording  Law,  §  20. 
See  also  Priority, 


INDEX  TO  L.R.A.  NOTES. 


1083 


PREFERENCES— cont'd 

Questioning  validity  of  attachment  for.     35 

L.R.A.  780. 
Right  of  creditor  to    set    oflf    new    credits 

given  after  receiving  a  preference.     55 

L.R.A.  344. 
Succession   to,  by  surety  paving  judgment. 

68  L.R.A.  556. 
Preference    in    seat    on    stock    excliange    in 

favor  of  otlier    members    of    exciiaiige. 

27  L.R.A.(N.S.)    616. 


PREFEKEXTIAL    VOTING. 

Constitutionality   of.      L.R.A.1916B,   939. 


PREFERRED  STOCK. 

See  CoBPOBATiONS,  §§  74,  100-102. 


PREGNANCY. 


PREJrUDICE— cont'd 

Appeals  by  counsel  in  argument  to  passions 
and  prejudices  of  jurors.  L.R.A. 1918D, 
83. 

Imputation  by  attorney,  in  course  of  legal 
proceedings  of  prejudice  to  court  or 
judge  as  ground  for  disbarment  or  sus 
pension.     L.R.A.1918D,   450. 

♦♦» 


PREJUDICIAL  ERROR. 

See  Appeal  and  Ebrob,  §§  35-40. 

♦<-♦ 

PRELIMINARY  EXAMINATION. 

See  Cbiminal  Law,  §  32. 


PRELIMINARY  INJUNCTION. 

See  Injunction,  §  80. 


Measure  of  damages  for  injury  to  pregnant 
woman,  see  Damages,  §  60. 

As  element  of  damages  for  breach  of  prom- 
ise.    43  L.R.A.  (N.S.)   972. 

Effect  of,  on  amount  of  permanent  alimony 
on  absolute  divorce.  44  L.R.A. (N.S.) 
1005. 

Carrier's  liability  for  injury  to  pregnant 
woman  bv  seeing  lunatic  on  train.  39 
L.R.A. (N.S.)   647. 

Antenuptial  pregnancy  as  a  ground  of  di- 
vorce or  aniuilnicnt  of  niarriasre.  18 
L.R.A.  375;  13  L.R.A.  (N.S.)  996; 
L.R.A.1916E,   650. 

Sufficiency  of  evidence  to  establish  condona- 
tion of  ante-nuptial  unchastity  or  preg- 
nancy.   6  B.  R.  C.  621. 

Admissibility  of  declarations  as  to  preg- 
nancy made  by  one  upon  whom  an 
abortion  is  committed  against  others 
charged  with  complicity  therein.  35 
L.R.A.(N.S.)    1084;    L.R.A.1916C,   570 


PRELIMINARY  SUBSCRIPTIONS. 

For    corporate    stock,    withdrawal    of.     33 
L.R.A.  595. 


PREMATURITY. 


Effect  of  premature  delivery  by  seller  to 
pass  title  to  purchaser.  31  L.R.A. 
(N.S.)  942. 


PREMEDITATION. 

As  element  of  homicide,  see  Homicide,  §  6. 

As  element  of  offense  of  mayhem  ot  maim- 
ing.    L.R.A.1916E,  494. 


PREMISES. 


PREJUDICE. 


As  ground  for  removal  of  cause  to  Federal 
court,  see  Removal  of  Causes,  §  10. 

Disqualifying  grand  juror.     28  L.R.A.  200. 

Effect  of,  to  disqualify  one  to  serve  as  com- 
missioner or  juror  in  eminent  domain 
proceedings.    47  L.R.A. (N.S.)   151. 

As  insane  delusion.     37  L.R.A.  267. 

Of  member  of  tribunal  of  association  or 
corporation,  effect.     49  L.R.A.  370. 

As  proof  of  incapacity  of  testator.  27 
L.R.A.(N.S.)   66;  L.R.A.1915A,  458. 

Consult  alfio  L.It. A.  Digests  of  Cases. 


Meaning  of  word  "premises"  in  insuraace 
policy  prohibiting  keeping  of  certain  ar- 
ticles on  the  premises.  L.R.A.1917C, 
293. 


PREMIUM   NOTES. 


See  Insurance,  §  111. 


♦  •» 


PREMIUMS. 


In  loan  association,  see  Building  and  Loan 

Associations,  §'  4. 


1084 


INDEX  TO  L.R.A.  NOTES. 


PREMIUMS— cont'd 

Insurance  premiums,  see  Insurance,  §§ 
107,  108,  110-118. 

Regulations  and  prohibition  of  use  of  cou- 
pons, etc.  redeemable  in  premiums. 
L.R.A.1917A,   433. 


PRENATAL.   INJURY. 

As  ground  of  action.    45  L.RA..(N.S.)  625. 


PREPARATI  ON. 


Preparation  to  commit  assault  with  intent 
to  rape  or  ravish  as  distinguished  from 
overt  act  in  commission  of  offense  it- 
self.    42  L.R.A.(N.S.)    524. 


PREPAYMENT. 

Of  telephone  rentals,  see  Telephones,  §  7. 

Of    compensation    for    property    taJ^en    for 
water  supply.    58  L.R.A.  257. 


PREPONDERANCE  OF  EVIDENCE. 

Proof  of  alibi  by.    41  L.R.A.  530. 
Establishment  of  fraud   in  civil  action  by. 
33  L.R.A.(N.S.)   837. 


/.H.J    ; 


PREREQUISITES. 

See  Condition  Precedent. 


PRESCRIPTION. 

§    1.  Rights  in  real  property  by. 

Adverse  possession,  generally,  see  Adverse 

Possession. 
Easement  by,  see  Easements,  §  9. 
Acquiring  highway  by,  see  Highways,  §  5. 
Prescriptive   right  to  maintain   obstruction 

in  highway,  see  Highways,  §  39. 
Prescriptive  rights  to  maintain  a  nuisance, 

see  Nuisances,  §  26. 
Prescriptive     riglits     as     to     waters,     see 

Waters,  §§  101-105. 

Prescriptive    riglit   in   grave   or   burial   lot. 

40  L.R.A.(N.S.)    752. 
Prescriptive    right    to    erect    wharves.      40 

L.R.A.   641. 
Riglit  by,  to  maintain    a    public    nuisance. 

.53  L.R.A.  891. 
Riglit  by,  to  lateral  support  for  buildings. 

20  L.R.A.  730. 

Title   to  abandon   highway   by.     26   L.R.A. 

451. 
Acquisition  by  prescription  of  right  to  visit 

object  of   interest  on   private  property 

or    to    resort    thereto    for    purpose    of 

pleasure.     4  B.  R.  O.  889. 

§   2.  Of  physician. 

Procuring  liquor  for  another  on  physician's 
prescription  for  self  as  an  illegal  sale. 

21  L.R.A.(N.S.)   1008;  24  L.R.A.(N.S.) 
273. 

Must  indictment  or  information  for  sale  of 
liquor    by    druggists     on     prescription, 
state    name    of    purchaser.      23    L.R.A. 
■      (N.S.)   583. 


PRESENCE. 


PREROGATIVE   POWER. 


Of  accused,  see  Criminal  Law,  §  46. 

When  will  deemed  attested  by  the  witness- 
in  the  presence  of  the  testator.  L.R.A, 
1916C,  950. 


Exercise'  of,  by  chancery  courts  in  enforcing 
general  bequest  for  charity  or  religion.  | 
14  L.R.A.(N.S.)    61. 


.■<*-»■. 


-; 


PREROGATIVE  PUBLICATIONS. 

Common-law  rights  in.    51  L.R.A.  355. 


PRESENTATION. 


PREROGATIVE  WRITS. 

In  general,  see  Certiorari;  Habeas  Cor- 
pus; Injunction;  Mandamus;  Prohi- 
bition; Quo  Warranto. 

Jurisdiction  of  superior  court  to  grant,  see 
(^OURTS,  §§  30,  31. 


Of  claim,  generally,  time  for,  see  Claims,. 
§2. 
i  Of    claims    against    decedent's    estate,    see 
Executors    and    Administrators,    §§ 
39-41. 

Of  claim  against  municipality,  see  ^lu- 
NiciPAL  Corporations,  §  103. 

Of  claim  for  delay  or  nondelivery  of  tele- 
gram, SCO  Telegraphs,  §  21. 

Of  claim  for  damages,  see  Carriers.  §§^  133, 
1.34;  Highways,  §§  106,  107;  Munici- 
pal Cobpobations,  §  103. 


PRESENTMENT. 


P-RESBYTEP.IAN  CHURCH. 

See  Religiois  Societies. 

Begin  tcith  this  hook  on  every  law  question. 


Of  bill  or  note,  see  Bills  and  Notes,  §§ 

43-53. 
Of  check,  see  Checks,  §§  9-11. 
In  criminal  cases,  see  CRniiNAL  Law,  §  35. 


INDEX  TO  L.R.A.  XOTES. 


1085 


PRESENT  VALUE. 

deduction  to  present  value  of  pecuniarj'  loss 
to  tlu'  statutory  beneficiaries  from 
death.    L.R.A.1917F,  373. 

*~*-^ 


PRESERVATION. 

Scope  and  eliect  of  provisions  in  election 
law  for  preservation  of  ballots.  30 
L.R.A.(N.S.)    602. 


PRESIDENT. 


Of  corporations,   see  Corporations,  §§  47, 

48. 

Mandamus  against,  to  compel  restoration 
to  oflice  of  one  who  has  been  illegally 
removed.     IP  L.R.A. (N.S.)   52. 

Right  of  president  to  make  an  ad  interim 
appointment  to  an  office  whose  fixed 
terra  expires  before  the  senate's  ad- 
journment, where  the  incumbent  is  au- 
thorized to  hold  over  until  his  successor 
is  appointed.     46  L.R.A. (N.S.)    1202. 


I  PRESUMPTION— cont'd 

In  aid  of  pleading  to  show  character  of 
action.      50   L.R.A. (N.S.)    21. 

By  pedestrian  of  exercise  of  due  care  by 
driver.  19  L.R.A.  (N.S.)  166;39L.R.A. 
(N.S.)    486. 

Right  of  driver  of  vehicle  to  assume  that 
motorman  will  give  him  time  to  cross 
the  track.     5  L.R.A. (N.S.)   1081. 

Right  of  motorman  to  assume  that  no  one 
will  attempt  to  drive  across  track  so 
close  in  front  of  car  as  to  render  a  col- 
lision  probable.     5   L.R.A. (N.S.)    1059. 

Right  of  persons  in  charge  of  train  to  pre- 
sume that  child  will  get  out  of  danger. 
6  L.R.A.(N.S.)   283. 

Right  to  presume  as  to  ability  of  sick  or 
otherwise  helpless  person  to  obtain 
place  of  safety.     69  L.R.A.  550. 


PRESIDENTIAL.    ELECTORS. 

Presidential  electors.    43  L.R.A.  (N.S.)  282. 


PRESIDING  JUDGES. 

Statute  reducing  number  of  presiding 
judges  at  crl.ninal  trial  as  ex  post 
facto  law.     37  L.R.A.(N.S.)   567. 


PRESIDING  OFFICER. 

Casting  vote  by,  in  case  of  tie  vote.     47 
L.R.A.  5ol. 


PRESS. 

Freedom   of,   see    Constitutional  Law,   § 
29b. 


PRESTON'S  TOLU. 

Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.(N.S.)   316. 


♦  >» 


PRESUMPTION. 

In  general,  see  Evidbnce,  III. 

Admissibility  in  evidence  of  negative  infer- 
ences.   L.R.A.1918A,  743. 
Consult  filro  L.R.A.  Di{)€sts  of  Cases. 


PRETERMITTED  HEIRS. 

Choice  of  remedies  by,    see    Election    of 
Remedies,  §  6. 


PRETIUM  AFFECTIONIS. 

Specific  .performance  of  contracts  in  rela- 
tion to  personal  property  that  come 
within  the  phrase  pretium  affr^tionis. 
L.R.A.1918E,  616. 


PREVIOUS   APPLICATION. 

For  insurance,  false  representations,  see  In- 

SUBANCE,    §    101. 


PREVIOUS   CONVICTION. 

Prosecuting  attorney's  reference  to,  as 
ground  for  reversal.  46  L.R.A.  663; 
L.R.A.1918D,  109. 


PREVIOUS    REJECTION. 

Of    application    for    insurance,    see    Insub- 
ANCE,  §  99. 


PRICE. 

Combination     to     control,     see     Monopoly 

AND  Combinations,  II. 
Rates   of   public   service    corporations,     see 

Rates,  §  2. 
Reasonableness   of  matters  relating  to,  see 

Reasonableness,  §  4. 

Legislative  power  to  fix  prices.  33  L.R.A. 
177. 

Eflfect  on  contract  of  leaving  price  indefi- 
nite.    53  L.R.A.  288. 


1086 


INDEX  TO  L.R.A.  NOTES. 


PRICE— cont'd 

Effect  of  retention  of  goods  after  notice  of 
mistake  in  quoted  price.  15  L.R.A. 
(N.S.)   368. 

Purchaser's  right  to  rely  on  seller's  compu- 
tation of.     17  L.R.A. (N.S.)  419. 

Measure  of  damages  for  breach  of  contract 
on  sale  of  article  having  no  market 
price.     57  L.R.A.  193. 

Measure  of  damages  where  one  purchases 
goods  in  reliance  upon  a  misquotation 
of  price  in  telegram.  46  L.R.A.  (N.S.) 
412. 

Price  at  which  goods  are  resold  as  affecting 
measure  of  damages  for  breach  of  war- 
ranty as  to  quality.  5  L.R.A. (N.S.) 
1151. 

False  statement  as  to  selling  or  market 
price  of  property.  35  L.R.A. (N.S.) 
175;  L.R.A.1916F,  782. 

Libel  in  charging  one  witii  exacting  exces- 
sive prices.     40  L.R.A. (N.S.)    79. 

Agreement  to  arbitrate  question  of.  47 
L.R.A.(N.S.)   384. 

Condition  imposed  by  manufacturer  as  to 
retail  price,  as  binding  upon  retailer 
purchasing  from  middleman.  3  B.  R. 
C.  -299. 

Naming  price  as  an  offer  to  sell.  L.R.A. 
191  oF,  824. 

Implied  or  apparent  authority  of  agent  to 
fix.    L.R.A.1917E,  791. 


PRICE  LISTS. 


As  evidence.     17  L.R.A.  851. 

Sufficiency  of  identification  for  purposes  of 
executory  contract  where  goods  are 
ordered  by.    31  L.R.A.(N.S.)   927. 


♦  •» 


PRIESTS. 

See  Religious  Societies,  §§  6-9. 
•-•-o 

PRIMA  FACIE   EVIDENCE. 

See  Evidence,  III. 


PRIMARY  ELECTIONS. 

See  Elections,  §§  25,  26. 


PRI3IARY   LIABILITY. 

Liability  over  to  person  secondarily  liable, 
see  iNDEiixiTY,  §§  2-4. 


PRINCIPAL. 


Effect  of  accepting,  on  right  to  intere:t,  see 

Interest,  §  2a. 
Begin  xcitli  this  hooTc  on  every  laic  question 


PRINCIPAL  AND  AGENT. 

I.  In  general,  §§  1-3. 
II.  The  relation;  revocation,   §§  4-7, 

III.  Powers  of  attoimey,  §§  8-10. 

IV,  Agent's  authority;  rights  and  lia- 

bility of  principal,   §§   11- 

31. 
a.  In  general,  §§  11-21. 
t.  Agent's  fraud  or  xrrong,   §§ 

22,  23. 

c.  Undisclosed     principal,      §§ 

24-27. 

d.  Ratification.     §§   28-31. 

V.  Rights,    dutier>,    and    liabilities    of 
agent,   §§   31a-43. 
a.  In  general,  §§  31  a,  31  b. 
h.  As  to  principal,  §§  32-39. 

1.  In  general,  §  32. 

2.  Fiduciary  capacity;  con~ 

flict  of  interests,  §§  33- 
3S. 

3.  Compensation;    lien,    §§ 

36,  37. 

4.  Liahil'tif      to     principal^ 

§§   38,   39. 
c.  As  tc   third  persons,    §§   40- 
43. 


I.  In  general. 

§    1.  Generally. 

Automobile  distribution  contiact,  see  Auto- 
mobiles, §  11. 

Agents  of  bank,  see  Banks,  §§  6-8a. 

Right  of  bank  to  apply  on  debt  due  it,  de- 
I  posit  made  by  agent,  see  Banks,  §  18. 

Bond  for  fidelity  of  agent,  see  Bonds,  §  11. 

Real  estate  agents,  see  Brokers. 

Corporate  agents,  see  Corporations,  VI. 

Choice  of  remedy  against  principal  or 
agent,  see  Election  of  Remedies,  §  4. 

Conclusiveness  of  election  of  remedy 
against  principal  or  agent,  see  Elec- 
tion OF  Remedies,  §  15. 

Embezzlement  by  agent,  see  Embezzle- 
ment, §  2. 

Estoppel  of  principal  or  agent,  see  Estop- 
pel, §  35. 

Principal  as  proper  party  to  bring  suit,  see 
Parties,  §  16. 

Agent  as  proper  party  to  bring  suit,  see 
Parties,  §  17. 

Commissions  charged  by  lender's  agent  aa 
usury,  see  Usury,  §  3. 

Service  on  agent  of  corporation,  see  Writ 
AND  Process,  §§  23,  25-27. 

Factors,  see  Factors. 

Insurance  agent,  see  Insurance,  §§  17-23,. 
141-143. 

Right  of  receiver  to  take  property  fronv 
possession  of  one  holding  as  agent.  47 
L.R.A.  (N.S.)  754. 

Effect  of  misconduct  of  agents  on  personal 
liability  of  a  trustee  for  losses  to  trust 
estate  from  investments.  44  L.R.A. 
(N.S.)   970. 

Commissions  charged  by  lender's  agent  as 
.usury.     46  L.R.A.(N.S.)    1157. 

Set-off  in  case  of  bankruptcj-.  55  L.R.A.  40,. 
44,  51,  00. 


INDEX  TO  L.R.A.  :N0TES. 


1087 


PRINCIPAL  AND  AGENT,  I.— cont'd 

Bidding  as  agent  at  judicial  sale  as  sup- 
pression of  competition.  42  L.R.A. 
(N.S.)    1206. 

Situs  of  securities  for  taxation  when  held 
by  aaent  residing  in  dilTerent  state 
from  principal.  16  L.R.A.  731. 

How  far  pledge  effectual  wlien  pledgeor's 
agent  is  made  depositary.  25  L.R.A. 
577.. 

Delivery  to  carrier  on  shipment  to  princi- 
pal.    22  L.R.A,  420. 

Addressing  letter  to  plaintiff's  agent  as 
publication  for  purposes  of  libel.  21 
L.R.A. (N.S.)    33. 

Privilege  of  communications  between 
piincipal  and  agent.  36  L.R.A.  (N.S.) 
449. 

Forgery  by  false  assumption  of  authority 
to  sign  another's  name  as  agent.  31 
L.R.A.  83L 

Delivery  of  forged  instrument  to  agent  as 
uttering  or  publishing.  8  L.R.A. 
(N.S.)    1178. 

Effect  of  invalid  provision  for  an  exclusive 
agency  upon  right  to  recover  for  goods 
purchased  under  the  contract.  6  L.R.A. 
(N.S.)  547. 

Guaranty  of  performance  of  contract  of 
agency,  16  L.R.A. (N.S.)    369. 

Creation  of  trust  by  recommending  em- 
ployment of  agent.  37  L.R.A. (N.S.) 
685. 

Agency  test  of  existence  of  partnership.  18 
L.R.A.  (N.S.)    1072. 

Form  of  execution  of  deed  by  attorney  in 
fact    or   agent.      41    L.R.A. (N.S.)    805. 

Solicitation  of  orders  by  sample  or  other- 
wise as  affected  by  delivery  tlirough 
agent  or  by  shipments  in  bulk  to  agent. 
19  L.R.A.(N.S.)  309;  28  L.R.A. (N.S.) 
635. 

May  the  right  of  partner,  or  of  a  stock- 
liolder  in  a  corporation,  to  inspect  the 
books  of  the  firm  or  corporation,  be 
delegated  to  an  agent.     2  B.  R.  C.  976. 

Laying  ownership  in  agent  in  possession  in 
indictment  for  obtaining  property  un- 
der false  pretenses.  22  L.R.A. (N.S.) 
645. 

Statements  by  agent  made  some  time  after 
accident  as  res  gestw.  42  L.R.A. (N.S.) 
943. 

Federal  courts  following  state  decision  on 
questions  relating  to.  40  L.R.A. (N.S. ) 
433. 

§  2.  Effect  of  failure  to  procure  li- 
cense. 

By  corporate  agent,  see  Corporations,  § 
42. 

Effect  of  failure  to  procure  license  on  va- 
lidity or  contract.     16  L.R.A.  424. 

§  3.  Matters  as  to  evidence. 

Admissibility  in  evidence  of  entries  by 
agent    in    account    books.      53    L.R.A. 

Consult  also  L.R.A.  Digests  of  Cases. 


PRINCIPAL  AND  AGENT,  I.— cont'd 
Admissibility  of  reports  by  agent  to  princi- 
pal to  prove  facts  in  issue.     18  L.R.A. 

(N.S.)    231;    25  L.R.A.(N.S.)    930;   47 

L.R.A. (N.S.)    830. 
Admissibility  of  books  of  account  to  prove 

disbursement  by  agent.     52  L.R.A.  707. 
Admissions     as     evidence     of     agency     as 

against     person      making     them.        35 

L.R.A.  (N.S.)    105. 
Proof    of    one's    intent   by   his   agent.     23 

L.R.A. (N.S.)    401. 

//.  The  relation;  revocation, 

§   4.  Generally. 

Agency  of  bank  in  collection  of  commercial 

paper,  see  Banks,  §§  31-35. 
Agency  of  husband  for  wife,  see  Husband 

AND    WlIK,    §    18. 

Insurance   agent   as  agent  of    assured,    see 

Insurance,  §  17a. 
Insurance  broker   as   agent  of   assured,   see 

Insurance,  §  18. 

Construction  of  contract  having  some  provi- 
sion peculiar  to  consignment  and  agency 
contracts  and  others  to  sale  contracts. 
L.R.A.1917B,  626. 

Question  whether  auLomobile  distribution 
conti'act  is  one  of  agency  or  sale. 
L.R.A.1915B,  110. 

Question  whether  telegraph  company  is 
agent  of  sender  or  addressee  as  affecting 
riglit  to  recover  damages  resulting  from 
addressee  acting  upon  message  changed 
during  transmission.  51  L.R.A.  (N.S.) 
439. 

Initial  carrier  as  agent  of  connecting  car- 
rier so  as  to  make  contract  of  former 
binding  on  the  latter.  52  L.R.A.  (N.S.) 
861. 

Firemen  as  agents  of  owper  of  burning 
property.     39  L.R.A. (N.S.)    237. 

Agency  of  clearing-house  members.  25 
L.R.A.  830. 

Is  medical  examiner  agent  of  insurer  or  of 
insured.     41  L.R.A. (N.S.)  505. 

Powers  of  president  and  vice  president  of 
corporation  as  to  employment  of 
agents.     14  L.R.A.  358. 

Effect  of  statute  of  frauds  upon  parol  con- 
tracts for  employment  of  agent  which 
may,  but  are  not  intended  to,  be  per- 
formed within  a  year.  15  L.R.A. 
(N.S.)   324., 

§   5.  Evidence  of  relation. 

Admissibility  of  books  of  account  to  prove 

agency.     52  L.R.A.  714. 
Proof  of  agency  by  evidence  of  similar  acts 

by  alleged  agent.    17  L.R.A.(N.S.)  219. 

§   6.  Revocation;    termination. 

Revocation  of  power  of  attorney,  see  infra, 

§§  9,  10. 
Termination     of     broker's     authority,     see 

Brokers,  §  4. 
Termination  of  agency  of  insurance  agent, 

see  Insurance,  §  23. 
Revocation    of    appointment    of    agent    on 

whom  process  may  be  served,  see  Writ 

AND  Process,  §  29. 


loss 


INDEX  TO  L.K.A.  NOTES. 


PRINCIPAL  AND  AGENT,  II.— cont'd 

Presumption  of  continuance  of  agency.  1 
L.R.A.(N.S.)    891. 

Effect  of  war  to  terminate  contract  of 
agency  with  alien  enemy.  L.R.A. 
1917C,  667. 

JCffect  of  agent's  right  to  fee  to  prevent  rev- 
ocation of  agency  when  the  foe  is 
contingent  on  tiie  performance  of 
certain  acts.     L.R.A.1!)15A,  039. 

Intoxication  as  justification  for  discharge 
of  agent.    38  L.R.A.  (N.S.)  339. 

Right  to  discharge  attorney  employed  for 
contingent    fee.      38    L.R.A. (N.S.) 389. 

Termination  of  agency  as  affecting  insur- 
ance agent's  right  to  commissions  on 
renewals.     35  L.R.A. (N.S.)    153. 

Eflfect  of  revocation  of  aathority  on  agent's 
right  to  receive  payment  where  se- 
curity Is  not  in  his  possession.  23 
L.R.A. (N.S.)   423;  L.R.A.1916B,  860. 

Dissolution  of  partnership  authorized  to 
act  as  agent,  as  termination  of  agencv. 
23  L.R.A.(N.S.)  849;  L.R.A.1915C,  67(3. 

JRevocation  by  foreign  corporation  of  ap- 
pointment of  attorney  or  agent  to  re- 
ceive service  of  process.  30  L.R.A. 
(N.S.)   678. 

Avoidance  by  infant  of  brokerage  agency. 
41  L.R.A.  (N.S.)   1219. 

Necessity  and  sulliciency,  as  between 
principal  and  tliird  person  of 
notice  of  termination  of  agency  by 
act  of  the  parties.  41  L.R.A. 
(N.S.)   663. 

§   7.  —by   dcalli. 

Of  power  of  attorney,  see  infra,  §  10. 

Effect  of  death  on  contract  of.  23  L.R.A. 
709;   45  L.R.A.(N.S.)    349. 

in.  Powers   of  attorney. 

%   8.  Generally. 

•Conflict  of  laws  as  to  power  of  attorney  to 
contract  in  relation  to  real  property. 
L.R.A.1916A,  1043. 

Implied  powers  under  power  of  attorney  to 
transact  business.     4  L.R.A. (N.S.)  843. 

Release  of  inchoate  right  of  dower  under 
power  of  attorney.     16  L.R.A.  209. 

Right  of  consul  to  take  acknowledgment  of 
power  of  attorney.     45  L.R.A.  499. 

Presumption  as  to  time  of  alteration  in. 
39  L.R.A.(N.S.)    106,  109,  112. 

When  may  instrument  in  the  form  of 
power  of  attorney  be  admitted  to  pro- 
bate or  otherwise  be  given  effect  as  a 
will.      41    L.R.A.  (N.S.)     44. 

§   9.  Revocation. 

Necessity  of  notice  to  revoke  power  of  at- 
torney.    1  L.R.A. (N.S.)    577. 

Effect  of  breaking  out  of  war  between  coun- 
tries of  respective  parties.  L.R.A.1917C, 
667. 

§    10.  —by  death. 

Effect  of  death  of  party  to  revoke  warrant 
of  attorney  to  confess  judgment.  13 
L.R.A.  797. 

-Begin  with  this  hoolc  on  every  law  question. 


PRINCIPAL  AND  AGENT,  III.— cont'd 
Effect  of   provision   in   power    of    attorney 

that  it  shall  not  be  revoked  by  death. 

6  L.R.A.(N.S.)   855. 

IV.  Agent's  authority;   rights  and  lia- 
bility of  principal. 

a.  In  general, 

§   11.  Generally. 

Authority  under  power  of  attorney,  see 
supra,  §  8. 

Affidavit  for  attachment  by  agent,  see  At- 
tachment, §  14a. 

Powers  of  agents  of  bank,  see  Banks,  §  8. 

Liability  of  corporation  for  acts  of  agents, 
see  CoiiPORATiONS,  §  38. 

Authority  of  corporate  agents,  see  CoBPO- 
EATIO.NS,    §§    43-48. 

Criminal  responsibility  for  acts  of  agent, 
see  Criminal  Law',  §  29;  Intoxicating 
Liquors,  §  23. 

Autliority  of  insurance  agent,  see  Insur- 
ance, §§  19,  141-143. 

Authority  of  emplovee,  see  Master  and 
Servant,  §§  17-18a. 

Municipal  liability  for  acts  of  agents,  see 
Municipal   Corporations,  §  81-84. 

Powers  of  officers,  see  Officers,  §§  28-30. 

Authority  of  partner,  see  Pabtnebsiiip,  §§ 
8,  9.  , 

Liability  for  acts  of  partner,  see  Partner- 
ship,  g§   10-14. 

Payment  by  agent,  see  Payment,  §   14. 

Admissibility  of  declarations  of  agent,  see 
LVIDENCE,   §  234. 

Liability  of  detective  agency  for  acts  of  its 
employees.     L.R.A.IOISD,  575. 

Effect  of  appointing  agent  on  Sunday.  43 
L.R.A.  (N.S.)    140. 

Liability  of  principal  on  contract  negoti- 
ated by  agent  having  apparent  authori- 
ty, as  affected  by  fact  that  agent  acted 
for  his  own  interest.     5  B.  R.  C.  496. 

Insurance  effected  by  agent  on  property  of 
principal  as  violation  of  provision 
against  additional  insurance.  L.R.A. 
1918D,  781. 

Consent  of  agent  of  infant  or  incompetent 
to  a  license  for  the  sale  of  intoxicating 
liquors.     L.R.A. 1916D,  819. 

Relief  from  default  judgment  because  of 
failure  of  agent  upon  whom  writ  was 
served  to  notify  defendant.  L.R.A. 
1916E,  103. 

Authority   of   agent   to   borrow   money    for 
principal.     L.R.A.1916C,  112. 

Agent's  implied  power  to  assent  to  rescis- 
sion of  contract.     37  L.R.A.(N.S.)    91. 

Authority  of  superintendent  to  contract  for 
payment  of  employee  while  laid  off.  41 
L.R.A.(N.S.)    1141. 

Right  of  agent  to  locate  mining  claim.  7 
L.R.A.(N.S.)    817. 

Power  of  lessee  or  vendee  to  subject  own- 
er's interest  to  mechanics'  liens  under 
statutes  giving  liens  for  improvements 
made  by  agent.  23  L.R.A. (N.S.)  608; 
L.R.A.1917D,  580. 


INDEX  TO  L.R.A.  NOTES. 


1089 


PRINCIPAL  AND  AGENT,  IV.  a— cont'd 

Eflfect  of  participation  by  creditor's  agent 
in  debtor's  fraudulent  intent,  as  against 
other  creditors.     31  L.R.A.  042. 

Implied  authority  of  department  superin- 
tendent to  fontract  as  to  matters  re- 
lating to  his  department.  38  L.R.A. 
(N.S.)   1]35. 

Agent's  authority  to  employ  subagent  so  as 
to  make  tlie  principal  liable  for  re- 
muneration due  for  services  of  sub- 
agent.     L.R.A.1918F,  720. 

Liability  of  a  principal  for  services  per- 
formed under  contract  with  his  agent 
by  persons  other  than  subagents  or  serv- 
ants.     L.R.A.1918F,    8. 

Liability  of  one  railroad  corporation  pos- 
sessing stock  control  of  another  for  the 
acts  and  contracts  of  the  latter.  35 
L.R.A.  (N.S.)    770. 

Right  to  reward  offered  for  arrest  when  ar- 
rest is  made  bv  agent  of  claimant.  7 
L.R.A. (N.S.)   218. 

Right  of  bankrupt  to  discharge  as  affected 
by  act  of  agent.  20  L.R.A.  (NtS.)  785, 
30  L.R.A. (N.S.)    623. 

Effect  of  agent's  consent  to  taking  of  prop- 
erty on  crime  of  larceny.  7  L.R.A. 
(N.S.)    1149. 

Implied  or  apparent  authority  of  agent  or 
employee  to  bind  principal  for 
board  or  traveling  expenses.  L.R.A. 
lUHiii,  754. 

Waiver  by  agent  of  stipulation  in  building 
contract  that  alterations  or  extras 
must  be  ordered  in  writing.  48  L.R.A. 
(N.S.)  581,  589,  594. 

May  a  contract  by  an  agent  who  exceeded 
his  authority  be  enforced  against 
the  principal  to  the  extent  to  which 
it  was  authorized.  62  L.R.A. 
(N.S.)    510. 

Liability  of  one  party  to  a  contract  or 
transaction  to  the  other  because  of 
bonus  or  commission  allowed  by  the 
former  to  the  latter's  agent.  49  L.R.A. 
(N.S.)    101. 

Garnishment  of  bank  deposit  in  a  form  im- 
porting that  depositor  is  acting  as 
agent  or  fiduciary.  34  L.R.A. (N.S.) 
1207. 

Conclusiveness  of  judgment  as  between 
plaintiflf  and  principal  of  one  who 
voluntarily  conducted  the  defense.  37 
L.R.A. (N.S.)    963. 

Admissibility  of  books  of  account  to  prove 
authority  of  agent.    52  L.R.A.  714. 

§  12.  liimltations  on  agent's  author- 
ity. 

General  and  special  agents.    2  L.R.A.  808.* 
Notice  of  limitation.     1  L.R.A.  192.* 
Private    restrictions    on    agent's    authority, 

special   instructions.     2  L.R.A.  823.* 
Secret  instructions.     10  L.R.A.  355.* 

§  13.  Extent  of  authority  conferred  on 
traveling  salesmen. 

Generally.     18  L.R.A.  663. 

Authority    to    collect    payment.     18  L.R.A. 

603. 
Consult  also  L.B.A.  Digests  of  Cases.    69 


PRINCIPAL  AND  AGENT,  IV.  a— cont'd 
Effect   of   agent's   possession   of   goods.      18 

L.R.A.  666. 
Authority  to  accept  payment    in    anything 

else  than  money.     18  L.R.A.  666. 
Authority   to   pledge   principal's  credit   for 

traveling    expenses.      18     L.R.A.     667; 

L.R.A.1916B,  754. 
Authority  to  sell  samples.     18  L.R.A.  667. 
Authority   of   traveling   salesman    to   make 

advertising  contracts.  41  L.R.A. (N.S.) 

1019. 
Extent  of  a  commercial  traveler's  implied 

or     ostensible     authority     to    warrant 

goods.     39  L.R.A.(N.S.)    1151. 
Authority  of  sales  agent  who  is  authorized 

to   collect   the   whole  or  a  part  of   the 

purchase   price  upon   making  the   sale, 

to    receive    payments    afterwards.      38 

L.R.A.(N.S.)   700. 
Right  to  withdraw  order  given  agent  before 

acceptance    by    principal.      10    L.R.A. 

(N.S.)  1138. 

§  14.  To  employ  medical  services  for 
employee  or  other  third  person. 

Authority  of  servant,  see  Master  and 
Servant,  §§  17-18a. 

Generally.     20  L.R.A.  695. 

Liability  of  railroad  company  on  contract 
made  by  conductor.     20  L.R.A.  695. 

Contracts  made  by  superintendent  or  presi- 
dent.   20  L.R.A.  696. 

Contracts  made  by  division  superintendent. 
20  L.R.A.  696. 

Contracts  made  with  general  agents  or  man- 
agers.    20  L.R.A.  696. 

Contracts  made  by  agents,  generally.  20 
L.R.A.  696. 

Physician  or  nurse  employed  by  the  physi- 
cian in  charge.    20  L.RJ\^.  697. 

§  15.  As  to  purchase  or  sale  of  prop- 
erty. 

Chattel  mortgagor  as  agent  of  mortgagee  to 
sell,  see  Chattel  Mortgage,  §  14a. 

Power  to  sell  real  estate  as  including  power 
to  give  option,     10  L.R.A. (N.S.)    867. 

Power  to  sell  personal  property  in  agent's 
possession  as  implying  power  to  ex- 
change.    10  L.R.A.(N.S.)   1118. 

Is  power  to  give  option  included  in  power 
to  sell  real  estate.  10  L.R.A.(N.S.) 
867. 

Power  of  agent  employed  to  sell  real  prop- 
erty to  bind  his  principal  as  to  fixtures. 
L.R.A.1915F,  634. 

Implied  or  ostensible  authority  of  an  agent 
for  the  sale  of  personal  property 
to  warrant  the  same.  L.R.A.1916C, 
412. 

Implied  or  ostensible  authority  of  an  agent 
to  bind  his  principal  by  covenants  in 
the  sale  of  real  property.  L.R.A.1917F, 
954. 

Implied  or  ostensible  authority  of  agent  for 
the  sale  of  land  as  to  representations. 
L.R.A.1917F,  962. 

Implied  or  apparent  authority  of  agent  to 
fix  price.    L.R.A,1917E,  791. 


1090 


INDEX  TO  L.R.A.  NOTES. 


PRINCIPAL  AND  AGENT,  IV.  a— cont'd 
Authority  of  agent  to  waive  conditions  in 

contract  of  sale  limiting  warranty.     50 

L.R.A.(N.S.)   799. 

§   16.  As  to  commercial  paper. 

Authority    of   corporate   agents   as   to,   see 

CORPOBATIONS,    §    45. 

Of  partner,  see  Partnership,  §  9. 

Responsibility  of  holder  of  paper  as  collater- 
al security  for  default  of  those  to  whom 
the  paper  is  entrusted  for  collection. 
L.R.A.1917E,  509. 

Admissibility  of  extrinsic'  evidence  to  show 
whether  principal  or  agent  liable  on 
note.     20  L.R.A.  705. 

Who  must  bear  loss  when  check  or  bill 
issued  to  impostor  assuming  to  act  as 
agent  of  payee.     50  L.R.A.  80. 

Intrusting  to  agent  duty  of  examining  re- 
turned checks.    27  L.R.A.  429. 

Taking  commercial  paper  by  agent  as  pay- 
ment,    35  L.R.A.  (N.S.)    49. 

Implied  or  apparent  authority  of  agent  to 
take  note  payable  to  himself.  28  L.R.A. 
(N.S.)    341. 

Principal  as  bona  fide  holder  of  bill  or  note 
passing  through  agent's  hands.  6 
L.R.A.(N.S.)    628. 

Alteration  of  instrument  by  agent  of  holder 
as  affecting  right  to  recover  thereon 
L.R.A.191C'F,  293. 

§   17.  —execution  of. 

Liability  of  principal  on  negotiable  paper 
executed  by  an  agent.  21  L.R.A. 
(N.S.)  1046. 
Terms  within  the  special  authority  of  agent 
to  give  paper  for  loan.  L.R.A. 
1916C,  135. 
(Jiving   of   commercial   paper  by   agent   as 

payment.  35  L.R.A. (N.S.)  49,  51. 
Payment  by  principal  of  previous  drafts 
drawn  upon  him  by  his  agent  without 
authority,  as  implied  authority  to  draw 
another.  34  L.R.A. (N.S.)  440. 
Right  of  an  innocent  payee  to  recover  on 
a  note  signed  in  blank  and  intrusted 
to  a  third  person,  who  exceeds  his  au- 
thority in  filling  up  the  blanks  before 
delivery  to  the  payee.  13  L.R.A.(N.S.) 
490;  L.R.A.1915B,  144. 

§   18.  —indorsement  or  transfer  of. 

Power  of  agents  to  indorse  negotiable  paper. 
27  L.R.A.  401. 

Indorsement  of  check  by  agent  in  a  manner 
not  contemplated  by  his  restricted  au- 
thority. L.R.A.1918B,  576. 

Effect  of  principal's  death  on  agent's  right 
to  indorse.     23  L.R.A.  711. 

Remedy  of  payee  of  check  against  one  who 
has  taken  it  on  indorsement  of  unau- 
thorized agent.     13  L.R.A.  (N.S.)  211. 

Implied  warranty  of  genuineness  upon  sale 
of  negotiable  paper  by  agent.  36 
L.R.A.  95. 

Dealing  with  agent  as  a  circumstance  put- 
ting purchaser  of  negotiable  paper  on 
inquiry.  29  L.R.A.  (N.S.)  351 ;  44  L.R.A. 
(N.S.)    395;   L.R.A.1918F,  1155. 


Begin  with  this  hook,  on  every  law  question. 


PRINCIPAL  AND  AGENT,  IV.  a— cont'd 

Effect  of  transfer  by  agent,  witliout  indorse- 
ment, of  worthless  clieck  or  note  of 
third  person.     10  L.R.A. (N.S.)    550. 

Right  and  duty  of  one  who  received  a  check 
or  note  payable  to  his  own  order  from 
tlie  hands  of  one  not  a  party  thereto. 
31  L.R.A.(N.S.)   613. 

Purchase  of  money  order  from  agent  of 
indorsee.     3  L.R.A. (N.S.)   136. 

Estoppel  to  contest  commercial  paper  by 
representations  of  agent  to  prospective 
purchaser.     50  L.R.A. (N.S.)    1028, 

§   10.  As  to  collection  of  debt. 

Agent's  authority  to  receive  payment,  see 
Payments,  §  26. 

Assumption  of  debt  bv  agent  as  payment.. 
17  L.R.A. (N.S.)  607. 

Authority  of  collection  agent  to  contract  for 
services  of  other  persons.  L.R.A.1918F,. 
14. 

Implied  authority  of  claim  agent  to  promise 
employment  to  induce  settlement  of 
claim.     38  L.R.A. (N.S.)   826. 

Liability  of  principal  to  exemplary  damages- 
where  attachment  was  sued  out  by 
agent  for  collection  of  debt  only.  29 
L.R.A.(N.S.)    279. 

Authority  of  sales  agent  who  is  authorized 
to  collect  the  whole  or  part  of  pur- 
chase price  on  making  the  sale  to  re- 
ceive payments  afterwards.  38  L.R.A. 
(N.S.)    700. 

Liability  for  malicious  prosecution,  false 
arrest,  or  false  imprisonment  by  agent 
authorized  to  collect  debt.  51  L.R.A. 
(N.S.)   471, 

Liability  for  assault  by  agent  in  collecting 
debt,    51  L.R.A.(N.S.)  920. 

Responsibility  of  holder  of  paper  as  collater- 
al security  for  default  of  those  to  whom 
the  paper  is  entrusted  for  collection^ 
L.R.A.1917E,  509. 

§   20.  Liability  for  torts. 

Liability  of  agent,  see  infra,  §  42. 

Liability  of  charitable  society  for  negligence 
of  agents  or  employees,  see  Charities, 
§  12. 

Criminal  responsibility  for  sales  of  intoxi- 
cating liquor  by  agent,  see  Intoxicat- 
ing Liquor,  §  23. 

As  to  master's  liability  for  tort  of  servant, 
see  Master  and  Servant,  IV. 

Criminal  and  penal  liability  for  act  of 
agent.     41  L.R.A.  650. 

Liability  of  partnership  or  corporation  for 
tort  committed  by  partner  or  agent 
with  the  object  of  procuring  business. 
5  B.  R.  C.  88. 

Liability  of  principal  for  fraud  perpetrated 
by  agent  acting  within  apparent  scope 
of  his  autliority,  but  for  his  own  bene- 
fit.    5  B.  R.  C.  526. 

Liability  of  telegraph  company  to  undis- 
closed principal  of  sendee.  4  L.R.A. 
(N.S.)    678;   24  L.R.A. (N.S.)    1045. 

Liability  of  telegraph  company  for  trans- 
mission or  delivery  of  forged  message 
by   its  agent.     L.R.A.1915A,   123. 


IXDEX  TO  L.R.A.  NOTES. 


1091 


PRINCIPAL  AND  AGENT,  IV.  a— cout'd 
Liability  of  principal  for  assault  by  agent 
in    collecting    debts.      51    L.K.A. (N.S.) 
920. 
Liability  of  principal  for  malicious  prose- 
cution,   false   arrest,    or    false    im- 
prisonment   by    agent    authorized 
to  collect  a  debt.    51  L.R.A.(N.S.) 
471. 

§   21.  Authority  of  agent  of  carrier. 

Extent  of  authority  of  ticket  agents,  see 
Cakriers,  §  27a. 

Authority  of  agents  of  initial  carrier  to  ex- 
tend its  undertaking  beyond  its  own 
line.     31  L.R.A.(N.S.)   32. 

6.  Agent's   fraud   or  wrong. 

§   22.  Generally. 

Principal's  civil  responsibility  for  agent's 
wrongful  or  negligent  act  toward  one 
having  no  contract  relation  with  mas- 
ter.    27  L.R.A.  IGl. 

Expression  of  opinion  by  agent  as  a  fraud. 
35  L.R.A.  429. 

False  representations  by  agent  of  purchaser 
as  to  selling  or  market  price  of  prop- 
erty.    35  L.R.A. (N.S.)    184, 

Effect  of  fraud  by  agent  ex  necessitate  in 
making  proofs  of  loss  under  fire  in- 
surance policy.     9  L.R.A.  (N.S.)   485. 

Liability  of  corporation  transferring  stock 
on  books  at  request  of  agent  of  owner. 
45  L.R.A.(N.S.)    1079. 

Fraud  or  false  swearing  by  agent  of  insured 
in  making  proofs  of  loss.  52  L.R.A. 
(N.S.)   1074. 

Principal's  collecting  or  attempting  to  col- 
lect proceeds  of  contract  from  agent  as 
precluding  assertion  as  against  the 
other  party  to  the  contract  of  the 
agent's  fraud.     L.R.A.1917D,  701. 

§   23,  Payment  of  own   debt  by  agent. 

Agent's  power  to  use  property  of  his  prin- 
cipal for  pavment  of  his  own  debt. 
14  L.R.A.  234. 

Liability  for  taking  deposit  of  agent,  fidu- 
ciary, or  other  representative  to  pay 
his  own  debt.    52  L.R.A.  790. 

Eight  of  one  who  knowingly  received  prin- 
cipal's money  in  payment  of  agent's 
debt  which  be  believed  to  be  the  debt 
of  the  principal.     15  L.R.A.(N.S.)   310. 

c.  Undisclosed  principal. 

§   24.  Generally. 

May  a  contract  made  without  authority  by 
one  apparently  acting  on  own  behalf, 
but  with  an  undisclosed  intention  to 
act  for  another,  be  ratified  by  such 
other.     1  B.  R.  C.  397. 

§25.  Rights  of. 

Right  of  principal  to  proceeds  of  insurance 
policy  taken  by  ajicnt  in  his  own  name. 
13  L.R.A. (N.S.)   152. 

Right  of  defendant  in  action  by  undisclosed 
principal  to  avail  himself  of  de- 
fenses that  would  have  been  avail- 
able in  an  action  by  the  agent  in 
his  own  right  on  the  contract.  28 
L.R.A.  (N.S.)  227;  L.R.A.1916A, 
1213. 

Consult  also  L.B.A.  Digests  of  Cases. 


PRINCIPAL  AND  AGENT,  IV.  c— cont'd 
Character  of  contract  as  affecting  right  of 
undisclosed  principal  to  sue  thereon. 
29  L.R.A. (N.S.)  472;  39  L.R.A.  (N.S.) 
324. 
Liability  of  telegraph  company  to  undis- 
closed principal  of  sendee.  4  L.R.A. 
(N.S,)    678;   24  L.R.A.(N.S.)    1045. 

§2  6.  Liability   of. 

Liability  of  agent,  see  infra,  §  43. 

Liability  of  undisclosed  principal  of  bidder 
at  judicial  sale  for  purchase  price, 
or  for  deficiency  upon  resale  of  prop- 
erty.    46  L.R.A. (N.S.)   887. 

May  statute  of  frauds  relating  to  sales  of 
real  property  be  satisfied  by  a  memo- 
randum which  discloses  that  one  of  the 
parties  acted  for  an  undisclosed  prin- 
cipal.    8  L.R.A. (N.S.)    733. 

Parol  evidence  that  one  of  the  persons  who 
signed  an  instrument  relating  to  real 
property  was  agent  for  an  undis- 
closed principal.     24  L.R.A.(N.S.)   3l5. 

§  2  7.  —liability  of  both  principal  and 
agent. 

Right  to  join  agent  and  undisclosed  prin- 
cipal as  defendants  in  same  action.  26 
L.R.A. (N.S.)   742. 

Action  against  agent  as  bar  to  one  against 
principal  undisclosed  when  first  action 
begun.     6  L,R,A,(N.S.)   729. 

Commencing  action  or  taking  judgment 
against  either  an  undisclosed  princi- 
pal or  his  agent  as  a  bar  to  a  subse- 
quent action  against  the  other.  21 
L.R.A.(N.S.)   786. 

d.  Ratification. 

§  28.  Generally. 

Ratification  of  acts  of  corporate  agent,  see 

Corporations,  §  34. 
Imputing   agent's    notice   to   principal,   see 

Notice,  §§  14,  15. 

Ratification  of  agent's  unauthorized  con- 
tract for  the  purchase  or  sale  of  real 
property  as  affected  by  the  statute  of 
frauds.     38  L.R.A. (N.S.)    783. 

Ratification  of  agent's  employment  of  sub- 
agent.     L.R.A.1918F,  741. 

Ratification  of  bank  cashier's  sale  or  lease 
of  property.     31  L.R.A. (N.S.)    738. 

Ratification  after  loss  of  unauthorized  act 
of  another  in  securing  fire  insurance. 
42  L.R.A. (N.S.)    1025. 

Liability  of  husband  for  necessaries  fur- 
nished wife  while  living  with  him  by 
reason  of  ratification.  47  L.R.A, (N.S.) 
282. 

Ratification  by  master  of  act  of  .servant  so 
as  to  render  former  liable  to  exemplary 
damages.    48  L.R.A.  (N.S.)  54,  57. 

§   29.  Power  to  ratify. 

Power  of  principal  to  ratify  unauthorized 
contract  of  agent  so  as  to  raise  cause 
of  action  in  his  own  favor  against  the 
adverse  party,     4  L.R.A. (N.S. )   431, 


1092 


INDEX  TO  L.E.A.  NOTES. 


PRINCIPAL  AND  AGENT,  IV.  d— cont'd 
May  unauthorized  contract  by  one  apparent- 
ly acting  on  his  own  behalf  but  Avith 
undisclosed  intention  to  act  for  an- 
other be  ratified  by  such  other.  1 
B.  R.  C.  397. 

§   30.  What  constitutes. 

What  will  constitute  an  implied  ratifica- 
tion of  an  unauthorized  loan  effected  by 
an  agent.  6  L.R.A,(N.S.)  311;  52 
L.R,A.{N.S.)  571. 

Ratification  of  agent's  employment  of  sub- 
agent.     L.R.A.1918F,  741. 

Ratification  of  unauthorized  loan  by  agent, 
by  retention  of  benefit.    2  B.  R.  C.  743. 

Mere  passive  acceptance  of  the  benefit  by 
the  principal  as  a  ratification  of  an 
agent's  unauthorized  use  of  a  third  per- 
son's money  for  purposes  beneficial  to 
principal.    15  L.R.A.  (N.S.)  693. 

Ratification  of  the  unauthorized  act  of  an 
agent  by  silence.     L.R.A.1918C,  222. 

Effect  of  principal's  performance  of  part 
of  contract  in  ignorance  of  unauthor- 
ized provisions  inserted  by  his  agent 
as  ratification  of  latter.  29  L.R.A. 
(N.S.)   210. 

Payment  by  principal  of  what  he  deems 
property  or  services  worth  as  ratifica- 
tion of  agent's  unauthorized  contract 
for  same,     29  L.R.A. (N.S.)    400. 

Principal's  collecting  or  attempting  to  col- 
lect proceeds  of  contract  from  agent  as 
precluding  assertion  as  against  other 
party  to  the  contract  of  the  agent's 
fraud  or  lack  of  authority,  L.R.A. 
1917D,  701. 

§  31.  Effect  of. 

Effect  of  attempted  ratification  to  confer 
right  or  impose  liability  upon  one  not 
contemplated  by  agent  as  his  principal. 
2  B.  R.  C.  260. 

Effect  of  ratification  of  alteration  of  instru- 
ment by  agent  of  holder.  L.R.A.1916F, 
303, 

F.  Rights,  duties,  and  liahilitiea  of 
agent. 

a.  In  general. 

§  31a.  Generally. 

Discrimination  against  nonresidents  by 
statute  or  ordinance  imposing  license 
tax  on.     40  L.R.A. (N.S.)    289,  290. 

Right  of  agent  to  notice  to  redeem  from  tax 
sale.    44  L.R.A,  (N.S.)  676,  680. 

§  31b.  Criminal  responsibility. 

Sale  of  intoxicating  liquors  by  agent,  see  In- 
toxicating LiQUOB,  §  22. 

Agent's  criminal  responsibility  for  sale  of 
goods  that  do  not  comply  with  statu- 
tory requirements.     L,R.A.1918D,   726. 

Effect  of  fact  that  agent  is  entitled  to  com- 
missions out  of  fund  on  his  prosecution 
for  embezzlement  on  retaining  the  whole 
fund.     13  L.R.A.(N.S.)   511. 

Begin  with  tJiis  hoolc  on  every  law  qnestion. 


PRINCIPAL  AND  AGENT,  V.— cont'd 
b.  As  to  principal. 
1.  In  general. 

§   32.  Generally. 

Duties  and  liabilities  of  broker,  see  Brok- 
ers, §  5. 

Right  of  agent  to  transfer  his  authority  or 
contract  to  a  corporation  organized  by 
him.     L.R.A. 1916F,  89. 

Right  of  agent  to  be  reimbursed  for  fines 
or  penalties  paid  for  violation  of  law 
in  principal's  interest.  45  L.R.A. 
(N.S.)    788. 

Rights  of  agent  who  purchases  for  an  execu- 
tor or  administrator  at  the  latter's  own 
sale.     L.R.A.1918B,  42, 

Interpleader  between  principal  and  agent. 
10  L.R.A.  (N.S.)   757. 

Effect  on  rights  of  pledgee  of  delivery  of 
pledged  propertv  to  pledgeor  as  form- 
er's agent.     39  L.R.A. (N.S.)    892. 

Enforcement  in  equity  of  agent's  parol 
promise  to  hold  in  trust  propertv  con- 
veyed to  him.     39  L.R.A. (N.S.)    924. 

Loss  of,  or  injury  to,  goods  during  ship- 
ment as  affecting  fulfilment  of  commis- 
sion to  purchase  goods,  19  L.R.A. 
(N.S.)   261. 

Measure  of  damages  to  advertising  agent 
for  breach  of  advertising  contract.  22 
L.R.A.(N.S.)  273. 


2.  Fiduciary  capacity;  conflict  of  in- 
terests. 

§   33.  Generally. 

Fiduciary    relation    between    attorney    and 

client,  see  Attorneys,  §  10. 
Fiduciary  relation  between  corporation  and 

its  agents,  see  Corporations,  §§  50,  61. 

Right  of  either  principal  to  affirmative  re- 
lief from  transaction  in  which  agent 
acted  for  both  parties.  17  L.R.A. (N.S.) 
622. 

Right  of  agent  to  relocate  mining  claim  for 
his  own  benefit.    50  L.R.A.  186. 

Independent  advice  as  a  condition  of  a 
valid  gift  inter  vivos  between  parties 
occupying  confidential  relations.  16 
L.R.A.(N.S.)    1087. 

§  84.  Purchase  or  lease  by  agent  in 
his  own  name. 

Right  of  agent  to  purchase  or  lease  in  his 
own  behalf  property  which  he  was 
under  no  dutv  to  purchase  or  lease  for 
his  principal."^  47  L.R.A. (N.S.)  567. 

Right  of  principal  to  retain  property  pur- 
chased through  agent  who  was  secretly 
interested  therein,  and  seek  relief 
against  the  agent,  34  L.R.A,  (N,S.) 
1210. 

Purchase  by  agent  for  principal  of  property 
which  the  agent  personally  has  an  op- 
tion or  contract  to  purchase.  11  L.R.A. 
(N.S.)  122. 


INDEX  TO  L.K.A.  NOTES. 


1093 


PRINCIPAL  AND  AGENT,  V,  b,  2— cont'd 
§  35.  —effect  of  statute  of  frauds. 

Statute  of  frauds  as  affecting  right  to 
equitable  relief  against  one  who  has 
purchased  land  in  his  own  name  in  vio- 
lation of  his  agreement  to  purchase  it 
for  and  in  the  name  of  complainant.  5 
L.R.A.(N.S.)    112. 

Statute  of  frauds  as  affecting  legal  remedy 
for  breach  of  contract  to  purchase  land 
for  and  in  the  name  of  another.  5 
L.R.A.(N.S.)   123. 

5.  Compensation;  lien, 

§   36.  Compensation. 

Of  brokers,  see  Bkokebs,  §§  8-13. 

Of    corporate    agents,    ^ee    Corporations, 

§  49. 
Of  insurance  agent,  see  Insurance,  §  21. 
Compensation     of     officers,     see     Officers, 

§§  31-37,  44. 

Effect  of  appointment  of  receiver  or  as- 
signee for  creditors  of  corporation  on 
compensation  of  agent  for  unexpired 
term.     51  L.R.A.   146. 

Partnership  of  agents  by  sharing  in  profits. 
18  L.R.A.  (N.S.)  1032;  L.R.A.1918F, 
801. 

Right  of  one  having  exclusive  sales  agency 
within  given  district,  to  commissions  on 
sales  made  by  another  outside  of  the 
district  to  a  resident  thereof.  40 
L.R.A.(N.S.)  971. 

Salesmen's  right  to  recover  compensation  as 
affected  by  employment  of  improper 
methods  to  make  sales.  39  L.R.A. 
(N.S.)    1149. 

Validity  of  agreement  by  wliich  compensa- 
tion is  dependent  on  success  in  pro- 
curing contract  with  public  officer  or 
board:  39  L.R.A. (N.S.)  747;  L.R.A. 
1915C,  823. 

Termination  of  agency  as  affecting  insur- 
ance agent's  right  to  commissions  on 
renewals.      35   L.R.A.  (N.S.)    153. 

Effect  of  agent's  right  to  fee  to  prevent  rev- 
ocation of  agency  when  the  fee  is  con- 
tingent on  the  performance  of  certain 
acts.    L.R.A.ldlSA,  639. 

Right  of  one  employed  on  commission  to  re- 
cover for  loss  of  profits  where  employ- 
ment is  unlawfully  terminated.  L.R.A. 
1916B,  872. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  services  as  agent. 
53   L.R.A.   57. 

Effect  of  agent's  wilful  failure  to  keep  and 
render  true  accounts  of  his  agency, 
upon  his  right  to  compensation.  5 
L.R.A. (N.S.)    469. 

Effect  of  fact  that  agent  is  entitled  to  com- 
missions out  of  fund  on  his  prosecu- 
tion for  embezzlement  on  retaining  the 
whole  fund.     13  L.R.A. (N.S.)    511. 

Liability  of  a  principal  in  respect  of  the 
remuneration  due  from  the  services  of 
a  subagent.    L.R.A.1918F,  720. 

§  37.  liien  of  a  sent. 

Lien  of  agent  for  advances  to  vesseL     70 

L.R.A.  416. 
Consult  also  L.R.A.  Digests  of  Cases. 


PRINCIPAL  AND  AGENT,  V.  b,  3— cont'd 
Maritime   lien    for   services    of    agent.      70 

L.R.A.  387,  435. 
Lien  of  subagent.     L.R.A.1918F,  748. 

4.  Liability  to  principal, 

§  88.  Generally. 

Liability   of   bank   making   collections,    see 

Banks,  §§  33-35. 
Liability    of    directors    to   corporation,    see 

Corporations,.  §  59. 

Liability  of  insurance  agent  to  company 
for  failure  to  follow  instructions. 
L.R.A.1915A,  860. 

Right  of  principal  to  recover  from  agent 
commissions  which  latter  received  from 
other  party  to  contract.  28  L.R,A. 
(N.S.)    952. 

Allowance  of  interest  against  agent.  IS 
L.R.A.  456. 

Necessity  of  notice  of  default  to  bind  guar- 
antor of  agent.    20  L.R.A.  258. 

Consideration  for  note  or  obligation  given 
by  agent  to  cover  loss  or  transactions 
conducted  by  him  for  principal.  L.R.A. 
1917B,  696. 

g  39.  For  money  or  property  of  prin- 
cipal. 

Right  of  principal  who  has  placed  money 
in  hands  of  agent  for  illegal  pufpose 
to  compel  its  return.  13  L.R.A. (N.S.) 
267. 

Liability  of  agent  toward  his  principal  and 
a  third  person  respectively  for  money 
or  property  received  in  course  of  agen- 
cy.    2   L.R.A. (N.S.)    657. 

Right  of  principal  to  maintain  trover  or 
case  for  money  collected  by  agent  or 
attorney.     20  L.R.A.  (N.S.)    35. 

Demand  as  a  condition  of  action  to  recover 
monev  collected  by  an  agent.  28  L.R.A. 
(N.S.')    626. 

When  statute  of  limitations  begins  to  run 
in  favor  of  agent  receiving  monev  of 
principal.     1  L.R.A.  319. 

When  statute  of  limitations  commences  to 
run  against  action  to  recover  money 
collected  by  agent  not  an  attorney.  17 
L.R.A.(N.S.)     660. 

c.  As  to  third  persona. 

§   40.  Generally. 

Liability  of  both  agent  and  undisclosed 
principal,  see  supra,  §  27. 

Liability  of  bank  directors,  see  Banks,  §  7. 

Liability  of  corporate  agents,  see  Corpora- 
tions, §§  52-58. 

Of  insurance  agent,  see  Insurance,  §  22. 

Liability  of  agent  without  license,  see 
License,  §  16. 

Liability  of  servant,  see  Master  and  Serv- 
ant, §§  196-198. 

Liability  of  officers,  see  Officers,  §§  38- 
42. 

Liability  for  trespass,  see  Trespass,  §  9. 

Recovery  back  of  money  paid  to  agent,  see 
Assumpsit,  §  6. 

Conclusiveness  against  agent  of  judgment 
against  principal,  and  vice  versa,  see 
Judgment,  §  48. 


1004 


INDEX  TO  L.R.A.  NOTES. 


PRINCIPAL  AND  AGENT,  V.  c— cont'd 
Right  of  agent  to  bring  action,  see  Parties, 
§§  10,  17. 

Liability  of  agent  in  case  license  tax  is  not 
paid  by  principal.  12  L.R.A.(N.S.) 
946;  L.R.A.1915A,  106. 

Agent's  liability  toward  his  principal  and 
a  third  person  respectively  for  money 
or  property  received  in  course  of 
agency.     2 'L.R.A.(N.S.)    657. 

Judgment  between  principal  and  third  per- 
son as  res  judicata  in  action  between 
latter  and  agent.     37  L.R.A.(N.S.)    37. 

§   41.   On  contract. 

Personal  liability  to  other  contracting  party 
of  one  who,  without  authority,  as- 
sumes to  contract  as  agent  for  an- 
other.    34  L.R.A.(N.S.)   518. 
Personal    liiil)ility    of    committee    appointed 
at  public  meeting  for  services  or  sup- 
plies.    51   L.R.A.(N.S.)    406. 
Right    of    agent    to    show    that    a    contract 
signed    by    him    apparently    as   obligor 
was  not  to  be  delivered  until  words  in- 
dicating   representative    capacity    had 
been    added    to   his    signature.      L.R.A. 
191 5A,  590. 

§  41a.  —  personal  liability  of  one  sign- 
ing contract  by  adding  to  his  signa- 
ture, words  indicating  representa- 
tive capacity. 

Sealed  instruments.     42  L.R.A.  (N.S.)   11. 

Simple  contracts.     42  L.R.A. (N.S.)   16. 

Contracts  of  representatives  of  decedents' 
estates,  guardians,  trustees,  and  as- 
signees.    42   L.R.A.(N.S.)    56. 

%  42.  For  torts  or  negligence. 

Liability  of  principal,  see  supra,  §  20. 

Agent's  liability  to  third  person  for  torts. 
2  L.R.A.(N.S.)   378. 

Liability  of  an  agent  to  third  persons  for 
his  own  negligence  or  nonfeasance.  28 
L.R.A.  433;  25  L.R.A.(N.S.)  343; 
L.R.A.1916F,  570. 

Liability  of  agent  of  leased  premises  for  in- 
juries due  to  defects  therein.  L.R.A. 
19170,  83. 

Liability  of  agent  for  conversion,  trespass, 
or  other  positive  act  of  wrongdoing 
against  third  persons  under  orders  of 
employer.     50  L.R.A.  644. 

Liability  of  landlord's  agent  for  conversion 
of  tenant's  goods  by  one  put  in  pos- 
session of  premises  before  the  expira- 
tion of  the  tenancy.  24  L.R.A. (N.S.) 
226. 

laability  of  agent  to  true  owner  for  selling 
or  disposing  of  property  intrusted 
to  him  by  his  principal.  .50  L.R.A. 
(N.S.)  52. 

§   4  3.  Agent   of   undisclosed   principal. 

Liability  of  principal,  see  supra,  §  26. 

Right  to  recover  from  agent  money  paid  him 
for  his  principal  where  the  agency  is 
undisclosed.     23   L.R.A. (N.S.)    560*. 


PRINCIPAL  AND  AGENT,  V.  c— cont'd 
Right    of    agent   to    show    that    a    contract 
signed    by    him    apparently   as    obligor 
Avas  not  to  be  delivered  until  words  in- 
dicating   representative    capacity    had 
been    added   to    his   signature.      L.R.A. 
1915A,  590. 
Personal   liability   of   one   known   to   be   an 
agent  for  an  undisclosed  principal. 
47  L.R.A.(N.S.)   232. 


Pegin  with  this  boolc  on  evevy  laxv  question. 


PRINCIPAL  AND    SURETY. 

I.  In  general,  §§   1,  2. 
II.  Existence  of  relation;  potver  to  act 
as  surety,   §§  3,  4. 
III.  Liahilities  and  defenses,   §§   3- IS. 
a.  In  general,   §§   5-9. 
h.  Release  or  discharge,  §§  10- 
18. 
IV.  Bights  and  remedies  of  surety,  §§ 
19-29. 
a.  In  general,   §§   19-21. 
6*  As  to  creditors,  §§  22-26. 

c.  As  to  principal,  §§  27,  28. 

d.  Between  cosureties,  §  29. 

I.  In  general. 

§    1.  Generally.  , 

On  bail  bonds,  see  Bail  and  Recognizance. 

As  to  bonds,  generally,  see  Bonds. 

Execution  of  bond  by,  see  Bonds,  §§  2,  3. 

Failure  to  secure  all  sureties  agreed  on,  see 
Bonds,    §    3    a. 

Effect  of  principal's  failure  to  sign  bond, 
see  Bonds,  §  3. 

As  to  guaranty,  see  Guaeanty. 

Married  woman  as  surety,  see  Husband  and 
Wife,   §§   16,   17. 

Intervention  by  surety,  see  Parties,   §   39. 

Subrogation  to  rights  of  surety,  see  Subro- 
gation, §  6. 

Hiring  of  convict  by  surety.     27  L.R.A.  607. 
Law  governing  usury   in   contract  of   prin- 
cipal  and   surety.     62   L.R.A.    73. 

§  2.  Liaw  as  to  becoming  surety  for  a 
surety  maimer. 

In  general.     21  L.R.A.  247. 

Methods  of  becoming  surety  for  surety.     21 

L.R.A.  247. 
Words  added  to  the  signature.     21  L.R.A. 

247. 
Words     coupled    with     circumstances.      21 

L.R.A. (N.S.)    248. 
Signature  by  payee  to  make  the  paper  avail- 
able.    21   L.R.A.  248. 
Time  of  signing.     21  L.R.A.  249. 
After    liability    of    first    surety    fixed.      21 

L.R.A.  249. 
Guaranty.     21  L.R.A.  250. 
Expressly  limiting  liability.    21  L.R.A.  250. 
Necessity  of  contract  with  first  surety.     21 

L.R.A.  250. 
Signing  at  request  of  surety.    21  L.R.A.  251. 
Request  and  promise  to  save  harmless.     21 

L.R.A.  252. 
Liability  towards  payee.     21  L.R.A.  252. 


INDEX  TO  L.R.A.  NOTES. 


109;; 


PRINCIPAL  AND  SURETY,  I.— cont'd 
Remedy  against  other  parties  on  the  paper. 

21  L.R.A.  252. 
Effect  of  release.     21  L.R.A.  252. 

II.  Existence  of  relation;  -poicer  to  act 
as  surety. 

§   3.  Existence  of  relation. 

Accommodation  parties  as  cosureties.  28 
L.R.A.  (N.S.)    1042. 

Distinction  between  guaranty  and  surety- 
ship.   16  L.R.A. (N.S.)  365. 

Application  of  principal  and  surety  rule  as 
to  creditors  on  assumption  of  debts  at 
dissolution  of  partnership.  0  L.R.A. 
(N.S.)   88;  48  L.R.A.  (N.S.)   552. 

Will  contract  induced  by  promise  to  fur- 
nish a  surety  sustain  a  subsequent  con- 
tract of  suretyship.  27  L.R.A. (N.S.) 
189. 

Does  the  fact  that  a  name  signed  to  a  bill 
or  note  below  the  signature  of  another 
obligor  is  that  of  a  partnership  raise 
a  presumption  that  it  is  a  surety  only. 
10   L.R.A.(N.S.)    426. 

Burden  of  proving  suretyship  in  action  to 
recover  for  failure  to  execute  process. 
3  L.R.A.  (N.S.)   432. 

Admissibility  of  extrinsic  evidence  to  show 
relation  of  principal  and  surety  be- 
tween parties  to  note.     20  L.R.A.  711. 

§   4.  Power  to  act  as  surety. 

Of  married  woman,  see  Husband  and  Wife, 
§§   16,   17. 

Power  of  surety  company  to  act  as  surety. 
48  L.R.A.  589. 

Power  of  foreign  surety  company  to  act  as 
surety.     48  L.R.A.  592. 

Power  of  corporation  organized  for  the  man- 
ufacture and  sale  of  liquor  to  enter 
into  contracts  of  suretyship  on  behalf 
of  its  customers  or  prospective  custom- 
ers. 27  L.R.A.  (N.S.)  186;  L.R.A. 
1918C,  1008. 

III.  Liabilities  and  defenses, 
a.  In  general. 

§  «.  Generally. 

Liability  on  appeal  bond,  see  Appeal  and 

Error,  §  46. 
On  bail  bond,  see  Bail  and  Recognizance, 

§  8. 
On  contractor's  bond,  see  Bonds,  §§  9,  10. 
On  fidelity  bonds,  see  Bonds,  §  11. 
On  official  bonds,  see  Bonds,  §§  12-14. 
On  bond  of  executor  or  administrator,  see 

ExEcuTOBS  and  Administrators,  §§  26, 

27. 
On   bond  of  guardian,  see  Guabdian  and 

Ward,  §  13. 
Liability  of  guarantor,  see  Guaranty. 
Conclusiveness  against  surety  of  judgment 

against  principal,  see  Judgment,  47. 
Payment  by  principal  as  extending  limita- 
tion period  as  to  surety,  see  Limitation 

OF  Actions,  i?  66. 
•Consult  also  L.B.A.  Digests  of  Cases. 


PRINCIPAL  AND  SURETY,  III.  a— cont'd 
Promise   bj'   principal   as  extending  limita- 
tion period  as  to  surety,  see  Limita- 
tion OF  Actions,  §  71. 

Duty  of  surety  to  see  that  spaces  on  com- 
mercial paper  are  filled  so  as  to  prevent 
raising.     21   L.R.A. (N.S.)    402. 

EfTect  upon  liability  of  surety  of  principal's 
incapacity  to  contract.  20  L.R.A. 
(N.S.)   1000. 

Liability  of  sureties  under  civil  damage  act 
for  sales  causing  injury  where  not  con- 
fined to  the  period  covered  by  their 
bonds.    25  L.R.A. (N.S.)  585. 

Duty  of  one  taking  note  to  communicate 
the  fact  of  principal's  insolvency  to 
one  assuming  the  obligation  of  surety. 
14  L.R.A. (N.S.)  377. 

Necessity  of  exhausting  remedy  as  to  surety 
as  condition  precedent  to  creditors'  bill. 
23  L.R.A.(N.S.)   78. 

Effect  upon  surety  of  judgment  against 
principal.  52  L.R.A.  165;  40  L.R.A.  (N. 
S.)    698. 

Renewal  of  contract  under  option  as  extend- 
ing the  undertaking  of  a  surety  for 
the  performance  of  the  contract. 
41  L.R.A. (N.S.)    422. 

Necessity  of  new  consideration  to  bind 
third  person  who  signs  as  surety  after 
execution  and  delivery  of  original  con- 
tract by  principal.  44  L.R.A. (N.S.) 
481;  L.R.A.1918E,  579. 

Is  conveyance  by  surety  within  statute  as 
to  fraudulent  conveyances.  47  L.R.A. 
(N.S.)    322. 

§   6.  Extent  of  surety's  liability. 

Extent  of  recovery  on  bond,  see  Damages, 
§§  27-29. 

Does  bond  of  highway  contractor  cover  per- 
sonal injuries  of  members  of  public. 
.34  L.R.A. (N.S.)    152. 

Liability  of  surety  to  principal  for  costs  in 
action  on  replevin  bond.  30  L.R.A. 
(N.S.)   375. 

§  7.  Guaranty  by  surety  of  genuine- 
ness of  other  signatures. 

Generally.     49  L.R.A.  315. 
Promissory  notes.     49  L.R.A.  315. 
Bonds.    49  L.R.A.  316. 

§  8.  Defenses. 

Release  or  discharge  of  surety,  see  infra, 
§§  10-18. 

Effect  of  contingency  of  claim  against  es- 
tate of  deceased  surety.  58  L.R.A. 
86. 

Contingency  of  claim  against  sureties  on 
bonds  for  title.     58  L.R.A.  86. 

Breach  of  warranty  in  the  principal  con- 
tract as  defense  to  surety.  21  L.R.A. 
406. 

§  9.  lilability  on  guaranty  or  surety 
obligation  obtained  by  frauJ. 

In  case  of  fraud  of  principal.  21  L.R.A. 
409. 


1096 


INDEX  TO  L.R.A.  NOTES. 


PRINCIPAL  AND  SURETY,  III.  a— cont'd 
Jn  case  of  fraud  of  obligee.     21  L.R.A.  410. 
Secret    stipulation    between    principal 
and  obligee.     21  L.R.A.  410. 

h.  Release  or  discharge. 

§   10.  Generally. 

On  bail  bond,  see  Bail  a>:d  Recognizance, 

§  8. 
Of  indorser  of  note,  see  Bills  and  Notes, 

§§  34,  43-53,  57. 
Of  guarantor,  see  Guabanty,  §§  9,  10. 

Effect  of  voluntary  discharge  of  one  of  two 
or  more  sureties  on  liability  of  cosure- 
ties.   L.R.A.1918E,  95. 

Effect  of  discharge  of  surety  on  right  of 
obligee  to  be  subrogated  to  security 
held  by  surety.     L.R.A.1936C,  1082. 

Compromise  or  consent  to  affirmance  as 
affecting  liability  of  surety  upon  appeal 
bond.     43  L.R.A. (N.S.)    1040. 

Release  by  creditor  of  partner  assuming 
debts  on  dissolution  of  partnership.  48 
L.R.A.(N.S.)    553. 

Discharge  of  surety  on  fidelity  obligation 
by  failure  of  employer  to  discover 
delinquency  or  to  notify  surety 
thereof  within  the  time  specified  in 
the  obligation.     L.R.A.1916F,  715. 

Release  of  mortgagor  as  surety  by  mort- 
gagee's dealing  with  vendee  who  has 
assumed  mortgage.     16  L.R.A.  85. 

Effect  of  judgment  against  part  of  joint 
or  joint  and  several  obligors  to  release 
liability  of  others  where  obligors  are 
principal  and  surety.     43   L.R.A.   165. 

Amendment  of  claim  or  pleading  as  dis- 
charge of  sureties  on  bonds  given 
to  dissolve  attachments  or  on  bail 
bonds  in  civil  actions.  42  L.R.A. 
(N.S.)    484. 

Effect  upon  bond  conditioned  for  fidelity  of 
employee  or  agent,  of  a  change  in  the 
latter's  field  of  operation  or  the  na- 
ture of  his  duties.  28  L.R.A. (N.S.) 
403;   36  L.R.A. (N.S.)    1152. 

Decree  directing  transfer  of  fund  by  exec- 
utor, administrator,  or  guardian  to 
liimself  in  another  fiduciary  capacity, 
as  affecting  liability  of  his  sureties. 
40  L.R.A. (N.S.)    1136. 

Estoppel  to  enforce  contract  of  suretyship 
or  guaranty  released  through  mistake. 
13  L.R.A.(N.S.)    576. 

Constitutionality  of  statute  releasing  pub- 
lic officer  or  his  surety  from  liability 
for  loss  of  public  fund.  41  L.R.A. 
(N.S.)  97. 

§   11.  Payment  by  principal. 

Payment  voidable  under  bankruptcy  act 
as  discharge  of  surety,  guarantor,  or 
indorser.     9  L.R.A. (N.S.)   581. 

Payment  of  promissory  note  by  maker, 
which  proves  ineffectual  as  a  satisfac- 
tion, as  affecting  the  liability  of  a 
surety  thereon.     13   L.R.A. (N.S.)    204. 

Release  of  surety  on  building  contractor's 
bond  by  making  payments  not  author- 
ized bv  the  contract.  5  L.R.A. (N.S.) 
418;  L.R.A.1935B,  407. 


PRINCIPAL  AND  SURETY,  III.  b— cont'd 
Release  of  surety  by  receipt  of  commercial 

paper  for  obligation.     35  L.R.A. (N.S. ) 

68. 

§12.  Surrender  oi",  or  failure  to  apply^ 
property  of  principal. 

Effect  on  liability  of  tenant's  surety-  of 
surrender  of  lease  containing  an  op- 
tion to  purchase.     9  L.R.A. (N.S.)    557. 

Effect  upon  surety  of  bank's  failure  to 
apply  principal's  deposit  account  upon 
note.  8  L.R.A.  (N.S.)  944;  L.R.A. 
1917F,  266. 

Is  surety  discharged  by  obligee's  surrender 
of  original  obligation  and  acceptance 
of  another  wliich  is  defective.  16 
L.R.A. (N.S.)    343. 

Release  of  indorser  of  note  by  failure  to 
exhaust  security  against  maker.  18 
L.R.A. (N.S.)    539,   551. 

§13.  Change  of  contract. 

Effect  upon  mortgagor's  obligation  of  modi- 
fication between  mortgagee  and  subse- 
quent grantee.     4  L.R.A. (N.S.)    666. 

Change  of  principals  to  obligation  as  dis- 
charge of  surety.  ]0  L.R.A.  (N.S.) 
1160. 

§14.  Failure  to  proceed  against  prin- 
cipal. 

Release  of  indorser  of  note,  see  Bills  and 
Notes,  §  57. 

Effect  of  failure  to  present  claim  against 
the  estate  of  a  deceased  or  bankrupt 
principal,  to  release  surety.  25  L.R.A. 
(N.S.)  139. 

Failure  to  comply  with  surety's  demand  or 
request  to  proceed  in  the  enforcement 
of  the  obligation.  L.R.A.1918C,  10. 

§    15.  By  extension  of  time  of  payment. 

Release  of  indorser  of  note,  see  Bills  and 
Notes,  §  57. 

Release  of  indorser  by  giving  time  by  un- 
enforceable contract.  18  L.R.A.  (N..S.) 
534. 

Effect  of  renewal  of  principal's  obligation 
to  release  party  to  a  note  executed  to 
the  creditor  as  collateral.  23  L.R.A. 
(N.S.)    141.  « 

Effect  under  negotiable  instrument  law  of 
extension  of  time  to  principal  to  re- 
lease surety.    31  L.R.A.(N.S.)  149. 

Effect,  under  negotiable  instruments  law,  of 
extension  of  time  to  principal  to  re- 
lease one  who,  on  the  face  of  the  in- 
strument, is  primarily  liable,  but  is  in 
fact  a  surety.  10  L.R.A. (N.S.)  129; 
26  L.R.A.(N.S.)   99. 

Effect  of  extension  of  time  by  creditor  on 
assumption  of  debts  on  dissolution  of 
partnership.  9  L.R.A. (N.S.)  90;  48 
L.R.A.(N.S.)   554. 

Extension  of  time  by  attorney  as  discharg- 
ing surety.     39 ' L.R.A.  (N.S.)    62. 

Extension  of  time  for  levying  execution  a» 
discharge  of  suretv.  5  L.R.A. (N.S. > 
764. 


Begin  nyitJt  fhi.s  hoolc  on  every  Imc  question. 


INDEX  TO  L.R.A.  NOTES. 


1097 


PRINCIPAL  AND  SURETY,  III.  b— cont'd 

Liability  of  original  mortgagor  or  interme- 
diate grantee  who  has  assumed  the 
mortgage,  as  affected  by  extension  of 
time  given  his  grantee  by  the  mort- 
gagee.    5  B.  R.  C.  0.3.3. 

Reservation  of  rights  against  party  second- 
arily liable  on  a  bill  or  note  upon 
granting  extension  of  time  to  party 
primarily  liable,  as  preventing  dis- 
charge of  former.  46  L.R.A.  (N.S.) 
92. 

Agreement  to  extend  time  for  payment,  con- 
ditional upon  surety's  consent,  as  a  re- 
lease of  the  surety.'    L.R.A.1915C,  831. 

Consideration  for  a  subsequent  agreement 
extending  time  of  payment.  52  L.R.A. 
(N.S.)   331. 

§  16.  —  effect  of  usury  in  consideration 
loi'  extension. 

Effect  of  payment  of  usury.    53  L.R.A.  316. 
l']ITcct  of  contract  to  pav  usury.     53  L.R.A. 
320. 

§    17.  Deatli  of  surety  or  cosurety. 

Is    liability    of    surety    determined    by    his 
death.*  2  B.  R.  C.  937. 

§   18.  Disciiarge  of  principal. 

When  will  discharge  of  principal  in  bank- 
ruptcy release  surety  on  bond  given  by 
principal  in  an  action  at  law.  14 
L.R.A.(N.S.)  507;  28  L.R.A. (N.S.)  234. 

IV.  Rights  and  remedies  of  surety, 
a.  In  general. 

f   19.  Generally. 

Subrogation  of  sureties,  see  Subrogation, 
§  5. 

Liability  of  corporate  officers  who  fail  to 
file  report  required  by  statute,  to  sure- 
ty or  guarantor  of  corporate  paper. 
35  L.R.A. (N.S.)   855. 

Necessity  of  exhausting  remedy  at  law  in 
actions  by  sureties  as  condition  prece- 
dent to  creditors'  bill.  23  L.R.A. (N.S.) 
101. 

Rights  of  surety  as  aflfected  by  receipt  of 
commercial  paper  for  obligation.  35 
L.R.A.(X.S.)   64. 

Validity  of  agreement  with  surety  as  to 
custody  or  control  of  trust  funds.  16 
L.R.A.(N.S.)  994, 

Right  of  surety  upon  contractor's  bond  to 
have  payments  made  by  contractor  ap- 
plied to  the  contract.  L.R.A.1917C, 
637. 

§  20.  Preference  to,  and  priority  of, 
surety. 

Preference  by  transfer  of  property  in 
satisfaction    of    debt.      36    L.R.A.    345. 

Payment  of  debt  by  bankrupt  as  a  prefer- 
ence to  a  surety  therefor.  38  L.R.A. 
(N.S.)    660;   45'L.R.A.(N.S.)    1068. 

Priority  of  claims  of  sureties  against  prop- 
erty in  hands  of  receiver  over  recorded 
liens.  2  L.R.A. (N.S.)  1026;  41  L.R.A. 
(N.S.)    (JOO. 

Consult  also  L.R.A.  Digests  of  Cases. 


PRINCIPAL  AND  SURETY,  IV.  a— cont'd 
§   21.  Indemnity  to  surety. 

Conveyance  or  transfer  to  indemnify  sure- 
ties or  indorsers  as  a  voluntary  assign- 
ment for  creditors.  31  L.R.A. (N.S.) 
332. 

Specific  performance  of  contract  to  give  in- 
demnity to  surety.    6  L.R.A. (N.S.)  590. 

Validity  of  contract  by  married  woman  in- 
capable of  binding  herself  as  surety  to 
indemnify  one  against  liability  as  sure- 
ty for  a  third  person.  L.R.A.1915B, 
1116. 

Right  of  surety  who  gives  his  personal  ob- 
ligation for  debt  to  enforce  indemnity 
from  principal.    L.R.A.]91,5A,  899. 

Right  of  surety  to  indemnity  from  principal 
as  affected  by  the  fact  that  an  action  by 
the  creditor  against  the  principal  would 
be  barred.    L.R.A.1917F,  1074. 

ft.  As  to  creditors, 

§   22.  Generally. 

Subrogation   of    sureties,   to   rights   of,   see 

SUBROGATIOX,   §  5. 

Subrogation  to  rights  of  sureties,  see  Sub- 
rogation, §  6. 

Right  of  sureties  who  perform  contract  on 
abandonment  by  contractor,  to  moneys 
unpaid  on  contract,  as  against  the  as- 
signees or  creditors  of  con^^ractor.  14 
L.R.A.(N.S.)   457;  L.R.A.1918A,  937. 

§   23.  As  to  collaterals. 

Duty  of  creditor  to  surety  with  respect  to 
management  and  collection  of  col- 
lateral.    37   L.R.A.  (N.S.)    699. 

§   24.  Right  to  interTcne, 

See  Parties,  §  38. 

§25.  Right  to  relief  against  judgment. 

Injunction  against  judgment  in  favor  of 
or  against  sureties,  see  Injunction,  § 

58. 

Injunction  against  judgment  entered  on 
confession  against  sureties.  30  L.R.A. 
240. 

Injunction  in  behalf  of  surety  against  judg- 
ment.    30  L.R.A.  567. 

Enjoining  judgment  against  or  in  favor  of 
sureties.     31  L.R.A.  69. 

Right  of  surety  to  sue  to  set  aside  judg- 
ment against  principal.    54  L.R.A.  765. 

§26.  Set-off, 

Rights  as  to  set-off  in  case  of  insolvency. 
17  L.R.A.  460. 

Set-off  in  bankruptcy  cases.     55  L.R.A.  68. 

Right  of  surety  or  principal  to  avail  him- 
self of  claim  of  latter  against 
plaintiff  as  a  defense  or  counter- 
claim.    43  L.R.A.(N.S.)   977. 

Right  of  surety  or  principal  to  interpose  an 
independent  cause  of  action  in 
favor  of  the  latter  against  the 
plaintiff  as  a  defense  or  counter- 
claim.    18  L.R.A.  (N.S.)  600. 


1098 


INDEX  TO  L.K.A.  NOTES. 


PRINCIPAL  AND  SURETY,  IV.  b— cont'd 
Right  of  surety  to  offset  obligation  as 
against  assignee  of  a  debt  due  from 
him  to  the  principal.  46  L.R.A.(N.S.) 
62. 
Right  of  surety  to  set  off  his  individual 
claim  against  insolvent  creditor  where 
the  principal  is  solvent.  50  L.R.A. 
(N.S.)    167. 

c.  A8  to  principal. 

§   2  7.  Generally. 

Indemnity  to  surety,  see  supra,  §  21. 
Subrogation  of  surety,  see  Subrogation,  § 

5. 
Subrogation  of  creditor  to  rights  of  surety, 

see  SUBBOGATION,   §   6. 

Right  of  surety  on  bail  bond  to  pursue  prin- 
cipal into  another  state  for  the  pur- 
pose of  arresting  him.     14  L.R.A.  605. 

Right  of  surety,  prior  to  obtaining  a  judg- 
ment or  lien^  to  enjoin  principal's 
transfer   of   property   to   defraud   him. 

15  L.R.A.(N.S.:i   484. 

Rights  as  against  principal  debtor  of  one 
who  becomes  surety  without  his  knowl- 
edge or  consent.     L.R.A.1918F,  709. 

§  28.  Extinction  of  judgment  against 
principal  by  sureties'  payment. 

Right  of  surety  who  has  paid  judgment  to 
enforce  it,  see  Judgment,  §  83. 

Rights  of  surety  on  payment  of  judgment. 

16  L.R.A.   115. 

In  general.     68  L.R.A.  513. 

Payment  by  joint  debtors.    68  L.R.A.  514. 

The   right   of   action  at   common    law,      68 

L.R.A.  517. 
The  nature  of  subrogation.     68  L.R.A. 
The  civil  law.     68  L.R.A.  522. 
The  equitable  doctrine  of  subrogation 

L.R.A.  523. 
Subrogation    to    collateral    securities. 

L.R.A.  528. 
Subrogation   to    rights    and    remedies.      68 

L.R.A.  534, 
Subrogation     to     primary     securities.       68 

L.R.A.  534. 
Commercial   paper.     68  L.R.A,  559, 
Suretyship  by  separate  contract,    68  L,R.A. 

564. 
Separate  judgments  against  principals.     68 

L.R.A.  565. 
Judgment  as  a  merger  of  the  relation  of 

principal   and  surety,     68   L.R,A.   566. 
Executions     on     original     judgments.       68 

L.R.A.  567. 
Keeping   paid  judgments   alive.     68  L.R.A. 

569. 
The  question   of  intention.     68  L.R.A. 
The    need    of    a    formal    assignment. 

L.R.A.  572. 
Existence    and    proof    of    suretyship. 

L.R.A.  574. 
Statutes.    68  L.R.A.  577. 
Overruled,  limited,  and  doubtful  cases 

L.R.A.  585. 

d.  Between   cosureties. 
§   29.  Generally. 


520. 


68 


68 


570. 
68 

68 


68 


PRINCIPAL  AND  SURETY,  IV.  d— cont'd 

Judgment  in  favor  of  one  or  more  sureties 
and  against  others  in  action  by  obligee 
as  res  judicata  between  sureties.  51 
L.R.A.  (N.S.)    797. 

Statute  of  frauds  as  to  contract  between 
sureties.     39   L.R.A.   378. 

Right  of  sureties  on  appeal  or  supersedeas 
bond  to  look  to  sureties  on  a  prior 
bond  of  the  same  principal.  0  L.R.A. 
(N.S.)   1021;  L.R.A.1918D,  1192. 

Eflfect  of  voluntary  discharge  of  one  of  twO' 
or  more  sureties  on  liability  of  co- 
sureties.    L.R.A.1918E,  95. 


PRINTED   SIGNATURE. 

To  instrument.    22  L.R.A.  301. 

To    legal    process    or    other    legal    papers. 

L.R.A.1917B,  285. 
Sufficiency  of,  within  statute  of  frauds.     37 

L.R.A. (N.S.)    352. 


PRINTERS'  MARKS. 

On  official  ballot.     47  L.R.A.  808. 
#  >  » 


PRINTING. 

§    1.  Generally. 

As  a  manufacturing  business.    64  L.R.A.  62. 

Attorney's  implied  power  to  bind  client  for 
printer's  bill.     23  L.R.A. (N.S.)    703. 

Typewritten  matter  as  written  or  as  print- 
ed matter.     L.R.A,1915D,  1084. 

§   2.  Public  printing. 

Claim  against  state  for.     42  L.R.A.  59. 

Power  of  board  to  make  contract  for  pub- 
lic printing  extending  bevond  its  own 
term.     29   L.R.A. (N.S.)    655. 

Liability  of  municipality  or  county  on  im- 
plied contract  for  publishing  notices 
in   newspaper.     27   L.R.A.  (N.S.)    1130. 

Right  of  taxpayer,  in  absence  of  statute, 
to  enjoin  unlawful  printing  expendi- 
tures by  municipality.  36  L.R.A. (N.S.) 
22. 


PRIOR  AGREEMENT. 

Parol  evidence  as  to,  see  Evidence,  §§  162, 
163. 


PRIOR  APPROPRIATION. 

See  Waters,  §§  89-91. 


PRIORITY. 


§   1.  Generally. 


Contribution    between,    see    Coxtbibtjtion,    Of  claim  for  advances,  see  Advances,  §  3. 

§  6.  Of  assignment,  see  Assignment,  §  13. 

Begin  with  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1099 


PRIORITY— cont'd 

Of  lien  of  attachment,  eee  Attachment, 
§§  8,  9. 

Of  rights  in  funds  of  bankrupt,  see  Bank- 
BUPTCY,  §  12. 

Of  chattel  mortgage,  see  Ch.\ttel  Mort- 
gage, §  27. 

In  items  allowed  as  costs,  see  Costs  and 
Fees,  §  8. 

As  between  claims  against  decedents'  estate, 
see  ExECUTOBS  and  Administeatobs,  § 
45. 

Of  claims  against  insolvent,  see  Insolvency, 
§§  6-8. 

Of  judgment  lien,  see  Judgment,  §§  61- 
64. 

Of  lien  generally,  see  Liens,  §§  15-17. 

Of  mechanics'  lien,  see  Mechanics'  Liens, 
§§  8,  9. 

Of  mortgage  on  real  estate,  see  Mortgage, 
§§  35-39. 

Of  claims  against  partnership,  see  Part- 
nership, §§  15-17. 

Of  lien  of  local  assessment,  see  Public  Im- 
PROVEMB^^TS,  §  31. 

Of  purchase  money  mortgage,  see  Pub- 
chase  Money,  §  7. 

Of  claims  against  assets  in  hands  of  re- 
ceiver, see  Receivers,  §  17. 

Of  unrecorded  instrument,  see  Records  and 
Recording  Laws,  §  20. 

Of  tax  over  other  lien,  see  Taxes,  §  89. 

Of  vendor's  lien,  see  Vendor  and  Pub- 
chaser,  §  32. 

Between  assignees,  see  Assignment,  §§  13, 
14. 

Claims  against  assignee  for  creditors  en- 
titled to,  see  Assignment  for  Cred- 
itors, §  17. 

Between  dower  and  other  claims,  see  Dower, 
§6. 

Loss  of  priority  of  execution,  see  Execu- 
tion, §  13. 

Loss  of  priority  under  levy,  see  Levy  and 
Seizure,  §  15. 

In  case  of  garnishment,  see  GaRxMSHment, 
§  18. 

Prior  rights  in  water,  see  Waters,  §§  89- 
91. 

Giving  of  preference,  see  Preference. 

For  rent  of  premises  occupied  by  receiver 
or  assignee  for  creditors.  59  L.R.A. 
69L 

Priority  of  notes  falling  due  at  different 
times  secured  by  same  mortgage.  24 
L.R.A.  800. 

Of  claim  for  funeral  expenses.  33  L.R.A. 
665. 

Is  a  legacy  given  to  a  creditor  in  satisfac- 
tion of  his  debt  entitled  to  priority  over 
other  legacies  of  same  class.  2  B.  R. 
C.  509. 

Deposit  by  broker  or  factor  to  his  own  ac- 
count of  proceeds  of  sale  of  customer's 
stock  or  property  as  creating  a  trust 
entitled  to  a  preference.  27  L.R.A. 
(N.S.)   808. 

Effect  upon  priorities,  of  consolidation  of 
corporations.     23  L.R.A.  233. 

Consult  also  L.R.A.  Digests  of  Cases. 


PRIORITY— cont'd 

Effect  of  priority  of  purchase  on  right  to 
enforce  restrictive  covenant  or  agree- 
ment as  to  use  of  property.  37  L.R.A. 
(N.S.)   34;  L.R.A.1917A,  332. 

Precedence  as  between  tunnel  locator  and 
surface  locator  of  mine.    53  L.R.A.  704. 

Validity  of  statute  giving  veterans  prefer- 
ence in  appointment  to  oflSce.  10  L.R.A. 
(N.S.)    825. 

In  withdrawal  from  loan  association.  3,5 
L.R.A.  294;  49  L.R.A.(N.S.)    1136. 

In  right  to  establish  and  operate  ferrv. 
59  L.R.A.  531. 

In  rights  growing  out  of  priority  of  use  of 
electricity.     2  B.  R.  C.  129. 

Of  right  to  establish  and  operate  ferrv. 
L.RA.1916D,  833. 

Claim  for  funeral  expenses.  52  L.R.A. 
(N.S.)  1157. 

§  2.  Of  claims  of  laborers. 

Constitutionality  of  statutes  giving  prior- 
ity to  claims  of  certain  laborers.  21 
L.R.A.  797. 

Who  are  laborers  within  statute  preferring 
wages.    18  L.R.A.  305. 

§  3.  Of  claims  by  or  against  govern- 
ment. 

Priority  of  claims  against  state.  42  L.R.A. 
38,  54. 

Priority  of  state  or  United  States  in  pay- 
ment from  assets  of  debtor.  29  L.R.A. 
226;  1  L.R.A. (N.S.)  255;  46  L.R.A. 
(N.S.)   260;  L.R.A.1918A,  398. 

Priority  of  judgment  in  favor  of  United 
States.    47  L.R.A.  479. 


PRIOR  KNOWLEDGE. 

In  respect  to  patent,  see  Patents,  §  9. 


PRIOR  OFFENSE. 

Enhancing  punishment  in  case  of,  see  Crim- 
inal Law,  §  83. 


PRIOR  SERVICE. 

Disqualifying  grand  juror.     28  L.B.A.  202. 


PRIOR  USE. 
In  respect  to  patents,  see  Patents,  §  9. 


PRISON. 

See  Jails  and  Prisons. 


1100 


INDEX  TO  L.R.A.  NOTES. 


PRISON  ASSOCIATION. 

Exemption  of  prison  association  from  suit 
as  agency  of  state.  35  L.R.A.  (N.S.) 
243. 


PRISON  BREACH. 

See  Jails  and  Prisons,  §  6. 


PRISONER. 


Liability  to,  for  injury  while  confined  in,  see 
Jails  and  Prisons,  §§  2,  3. 

Property  of,  see  Property,  §  6. 

Service  of  process  on,  see  Writ  and  Proc- 
ess, §  13a. 

See  also  Convicts. 

Liability  of  public  for  services  of  physicians 
or  surgeons  rendered  prisoners.  50 
L.R.A.(N.S.)   1223. 

Release  of,  or  interference  with  custody  of, 
as  contempt  of  court.  L.R.A.1917D, 
355. 

Civil  liability  of  sheriff  or  other  officer  for 
injury  inflicted  by  prisoner  in  his  cus- 
tody upon  another  prisoner.  L.R.A. 
19180.  1163. 


PRISON  LABOR. 


Claim  against  state  based  on  contract  for. 
42  L.R.A.  59. 


PRIVACY. 

The  law  of.    31  L.R.A.  283. 

Right  of  action  for  use  of  photograph  or 
name  for  advertising  purposes.  24 
L.R.A.(N.S.)  991;  34  L.R.A.  (N.S.) 
1137;  L.R.A.1915C,  839;  L.R.A.1918D, 
1152. 

Publication  of  one's  photograph  in  connec- 
tion with  scandalous  matter  concerning 
another.     35  L.R.A. (N.S.)   595. 

Right  to  take  or  retain  in  rogues'  gallery 
picture  of  one  accused  of  crime  before 
conviction.  7  L.R.A. (N.S.)  274:  23 
L.R.A. (N.S.)  739;  L.R.A.1916A,  743. 


PRIVATE  ACTION. 

§   1.  In  general. 

Injunction  by  private  person,  see  Injunc- 
tion. 

By  one  injured  by  nuisance,  see  NrasANCES, 
§§  22,  25. 

For  obstruction  of  navigable  stream.  3 
L.R.A.(N.S.)  1126;  38  L.R.A.  (N.S.) 
763. 

Begin  tvith  this  hoolc  on  every  law  question. 


PRIVATE  ACTION— cont'd 

Right  of  private  persons  to  contest  power 
of  corporation  to  take  or  hold  property. 
32  L.R.A.  293;  44  L.R.A. (N.S.)  544} 
46  L.R.A.(N.S.)   72. 

Right  of  shipper  Avhcre  carrier  negligently 
misquotes  rate  whicli  has  been  filed  or 
published  as  required  by  statute.  33 
L.R.A. (N.S.)   391. 

Special  damage  from  awning  or  structure 
overhanging  street  which  will  sustain 
action  by  private  person  to  abate  or  en- 
join it  as  a  nuisance.  48  L.R.A. (N.S.) 
173. 

§   2.  Violation  of  ordinance. 

Violation  of  police  ordinance  as  ground  for 
private  action.  5  L.R.A.  (N.S.) 
186. 

For  violation  of  ordinance  as  to  obstruction 
of  crossing  by  train.  5  L.R.A. (N.S.) 
244;  47  L.R.A. (N.S.)   821. 

Violation  of  ordinance  relating  to  explosives 
as  a  ground  of  private  action.  48 
L.R.A. (N.S.)   876. 

Liability  of  one  vvlio  sells  dangerous  instrti- 
mcntalities  to  cliild  in  violation  of  or- 
dinance for  injury  inflicted  thereby  up- 
on cliild  or  third  person.  L.R.A.] 915C, 
460. 

§   3.  Violation  of  statute. 

Private  action  for  violation  of  statute  not 
expressly  conferring  it.  9  L.R.A.  (N.S.) 
338;  L.R.A.1915E,  500. 

Statutes  imposing  duties  upon  railroads. 
39L.R.A.(N.S.)   347. 

For  violation  of  statute  as  to  obstruction  of 
crossing  by  train.  47  L.R.A. (N.S.) 
821. 

Violation  of  statute  relating  to  explosives 
as  ground  of  private  action.  48  L.R.A. 
(N.S.)    876. 

Liability  of  one  who  sells  dangerous  instru- 
mentalities to  child  in  violation  of  stat- 
ute for  injury  inflicted  thereby  upon 
child  or  third  person.  L.R.A.1915C, 
460. 


PRIVATE   BANKING. 

Constitutionality  of  statutes  prohibiting.  15 
L.R.A.  477. 

Power  to  prohibit  or  regulate  banking  busi- 
ness by  individuals.  5  L.R.A. (N.S.) 
874;   25  L.R.A.(N.S.)    1217. 


PRIVATE  CARRIERS. 

Railroad  companies  as,  in  drawing  special 
trains  or  special  cars.  30  L.R.A.  161 ; 
48  L.R.A.  (N.S.)   990. 

Liability  of,  under  special  terms  of  con- 
tract for  care  or  return  of  property 
intrusted  to  them.     L.R.A.1915B,  305. 


INDEX  TO  L.R.A.  NOTES. 


1101 


PRIVATE   CEMETERIES. 

Public  character  of  charitable  bequest  for. 
37  L.RA.(N.S.)  997. 


PRIVATE  COUNSEL. 

Appearance  before  grand  jury.  33  L.R.A. 
(N.S.)   568. 

Right  of  prosecutrix  in  bastardy  proceed- 
ings to.     33  L.R.A. (N.S.)    463. 

Right  of  accused  to  complain  because  prose- 
cution is  conducted  or  assisted  by  un- 
official member  of  the  bar.  24  L.R.A. 
(N.S.)    564;   47  L.R.A.(N.S.)    1106. 


PRIVATE   CROSSING. 

Construction    or    maintenance    of,    by    rail- 
road, see  Railroads,  §  30. 


♦  •» 


PRIVATE    DETECTIVES. 

See  Detectives.  ' 


4  »  » 

PRIVATE    DOCUMENTS. 

Admissibility  of  copies  of  records  of,  from 
other  states.     5  L.R.A. (N.S.)    954. 


PRIVATE   DRAINS. 

Power  of  municipality  to  authorize  use  of 
highway  for.     16   L.R.A.   715. 

Right  and  duty  to  connect  property.  70 
L.R.A.  242. 


Of 


PRIVATE  EMPIiOYMENT. 

prosecuting  attorney  to  represent  in- 
dividuals having  an  interest  adverse  to 
or  dissociated  from  the  public  interest. 
L.R.A.1918F,  832. 


PRIVATE   ENTERPRISE. 

Power  of  municipality  to  engage  in,  see  Mu- 
nicipal Corporations,  §  16. 

Power  of  state  to  engage  in.  42  L.R.A. 
(N.S.)  221. 

Power  of  legislature  to  authorize  counties  or 
other  political  divisions  to  build,  pur- 
chase, or  operate  railroad  or  street  rail- 
,  way,  as  affected  by  limitations  or  re- 
strictions on  power  to  aid  private  en- 
terprises.   28  L.R.A. (N.S.)  412. 


PRIVATE  EST.^BIilSHMENT. 

Power  of  railroad  company  to  condemn  right 
of  way  for  spur  or  siding  to.  22  L.R.A. 
(N.S.)    181;    35  L.R.A. (N.S.)    636. 

Consult  also  L.R.4..  Digests  of  Cases, 


PRIVATE  FERRY. 

Obligation  of  owner  of,  as  a  common  car- 
rier.   68  L.R.A.  154. 


PRIVATE  HOSPITAL. 

In  general,  see  Hospital. 

Who  may  or  must  be  admitted  to.     L.R.A. 
1918D,  561. 


PRIVATE    INTERNATIONAL    LAW. 

See  Conflict  of  Laws. 


PRIVATE  LAND  CLAIM, 

Location    of    mining    claim    on,      7    L.R.A. 

(N.S.)    786. 
Rights   in   as  affected   by   parties  living   in 
illicit  relations.     36  L.R.A. (N.S.)    840. 


PRIVATE  LANDS. 


Drainage  of,  as  public  purpose  for  which 
power  of  emitient  domain  may  be  ex- 
ercised.    49  L.R.A.  781. 


PRIVATE  PURPOSES. 

Public  purpose,  see  Eminent  Domain,  §§  9- 
23. 

Right  of  municipality  to  permit  use  of,  or 
to  lease,  its  public  buildings  for  private 
purposes.     31  L.R.A.(N.S.)  580. 

Power  of  municipality  as  against  abutting 
owner  to  vacate  street  or  portion  there- 
of and  devote  the  land  to  private  pur- 
poses.    22  L.R.A.(N.S.)   530. 


PRIVATE  RAILROADS. 

Private  character  of  road  as  affecting'  em- 
inent domain,  see  Eminent  Domain,  § 
22. 

As  real  or  personal  property.  66  L.R.A. 
48. 

As  common  carriers.     L.R.A.1918B,  686. 

Securing  right  of  way  for  logging  road  un- 
der power  of  eminent  domain.  1  L.R.A^ 
(N.S.)  969. 

Liability  of  proprietor  of,  for  injuries  sus- 
tained by  other  than  employee  while 
being  carried  thereon.  12  L.K.A.fN.S.) 
131;  22  L.R.A.(N.S.)    190. 

Applicability  to,  of  enactment  abrogating 
fellow-servant  rule  as  to  "railroads." 
15  L.R.A.(N.S.)  479;  45  L.R.A.  (N.S.) 
841. 


no:; 


PRIVATE  RAILROADS— cont'd 

Operatives  employed  in  industrial  plant  as 
fellow  servant  of  employees  engaged  in 
operation  of  private  railroad  conducted 
in  connection  therewith.  20  L.R.A. 
(N.S.)    354. 


INDEX  TO  L.R.A.  NOTES. 

PRIVATE   STREAM. 

Acquirement  of  right  on.     70  L.R.A.  274. 


PRIVATE  RIGHTS. 

Protection  of  from  interference  with,  by  pub- 
lic.    18  L.R.A.  543.    • 

Right  to  maintain  quo  warranto  proceedings 
for  vindication  of.  22  L.R.A.  (N.S.) 
810. 


PRIVATE  ROADS. 

Condemnation  of  land  for,  see  Eminent  Do- 
main, §  14. 

Liability  for  injury  to  travelers  on,  see 
Highways,    §    56b. 


PRIV^ATE  SAIiE. 


Resale  at  private  sale  to  fix  damages  for 
purchaser's  refusal  to  accept  goods.  42 
L.R.A.(N.S.)  683. 


PRIVATE  SCHOOLS. 

Power  to  exercise  eminent  domain  for  pur- 
pose of.    48  L.R.A.(N.S.)  491. 

Power  to  regulate  or  prohibit.  29  L.R.A. 
(N.S.)    53. 

Power  to  use  public  school  money  in  sup- 
port of.     15  L.R.A.  825. 

Use  of  public  school  building  for.  31 
L.R.A.(N.S.)    592. 

Exemption  from  taxation  of  property  used 
for.  21  L.R.A.(N.S.)  164;  L.R.A. 
1917E,  1097. 

Liability  of  property  of  private  educational 
institutions  to  assessment  for  local  im- 
provements.    35  L.R.A.  37. 

iLability  of  one  conducting  school  for  in- 
struction in  automobile  driving  for  neg- 
ligent operation  during  instruction. 
L.R.A.1917A,  397. 


PRIVATE  SHIPPING  POINTS. 

As  depot  grounds  within  meaning  of  fence 
laws.     7  L.R.A.(N.S.)   209. 


PRIVATE  SIDINGS. 


PRIVATE  USE. 


Lease  or  license  of  public  buildings  for.    33 
L.R.A.  118. 


PRIVATE  WAY. 


Private  way  over  land  of  another,  see  Ease- 
ments. 

Creation  of  easement  by  conveyance  with 
reference  to,  see  Easements,  §  11. 

Private  roads,  see  Private  Roads, 

Obstruction  of.     14  L.R.A.  559. 
Obstruction  of.  as  justification  for  entry  on 

adjoining   land.     20   L.R.A. (N.S.)    153. 
Parol  agreement   to  construct   private  way 

across  railroad.     17  L.R.A. (N.S.)   702; 

24  L.R.A.(N.S.)    375. 
Liability  for  dangerous  condition  of  grounds 

adjacent  to   private  ways.     26   L.R.A. 

693. 
Right  to  use  public  funds  to  maintain  or 

improve.     35  L.R.A. (N.S.)   524. 
Injunction  against  interference  with  fences, 

under  claim  of.    7  L.R.A. (N.S.)  69,  80. 


PRIVIES. 

Municipal  regulations  of,  as  nuisances,  38 

L.R.A.  316. 
Liability    of   landlord   to   third   persons   as 

to  condition  of.    26  L.R.A.  201. 


PRIVILEGE. 


See  Spur  Tracks  and  Sidings. 

Begin  with  this  hooTc  on  evei'y  law  question. 


From  arrest,  see  Arrest,  §  11. 

Privileges  and  immunities  of  citizens,  see 
Constitutional  Law,  IX. 

Of  consul,  see  Consul. 

Against  self-incrimination,  see  Criminal 
Law,  §§  49-53. 

As  to  confidential  communications  general- 
ly, see  Evidence,  §§  220-226;  Libel 
AND  Slander,  §§  22-30. 

As  to  proceedings  of  grand  jury,  see  Gband 
Jury,  §  10. 

Of  members  of  legislature,  see  Legislature, 
§2. 

As  to  libel  and  slander,  see  Libel  and 
Slander,  §§  22-30. 

As  to  transit  privileges,  see  Transit  Privi- 
leges. 

Of  witnesses  generally,  see  Witnesses,  §  40. 

As  to  service  of  process,  see  Writ  and 
Process,  §§  30-37. 

Municipal  declaration  of  forfeiture  of,  for 
breach  of  conditions,  as  a  judicial  de- 
termination.   4  L.R.A. (N.S.)   221. 


INDEX  TO  L.E.A.  NOTES. 


1103 


PRRILEGE— cont'd 

Possibility  of  future  privileges  as  element 
of  compensation  for  property  taken  by 
eminent    domain.      L.R.A.1917A,    413. 


PRIVILEGED  COMMUNICATIONS. 


See    Evidence,     §§    220-226; 
Slander,  §§  22-30. 


Libel    and 


PRIVITY. 


8   1.  Of  contract. 

Between  administrator  or  executor  and  lega- 
tee, distributee,  or  creditor,  see  Execu- 
tors and  Administrators,  §  4. 

As  to  actions  on  contract.     25  L.R.A.  259. 

As  to  parties  on  foreclosure  of  mortgage  as 
affecting  right  of  set-off.  21  L.R.A. 
326. 

Between  owners  of  party  wall.  66  L.R.A. 
681. 

Of  contract  to  contribute  to  cost  of  party 
wall.     66  L.R.A.  702. 

Of  contract  between  abstractor  and  person 
injured  bv  his  negligence.  12  L.R.A. 
(N.S.)    452. 

Right  to  maintain  replevin  against  one  who 
has  replevied  the  property  from  one 
with  whom  plaintiff  is  in  privity.  8 
L.R.A.(N.S.)   218. 

Bight  of  purchaser  to  recover  amount  paid 
to  relieve  land  from  tax  liens,  from 
one  who  should  have  paid  the  same  but 
with  whom  he  had  no  contractual  re- 
lationship.    22  L.R.A.(N.S.)    562. 

Is  an  administrator  or  executor  in  such 
privity  with  a  legatee,  distributee,  or 
creditor  tliat  lie  may  assert  a  personal 
defense  of  the  latter  to  claim  against 
the  estate.    8  L.R.A.(N.S.)   212. 

Bights  and  remedies  of  owner  of  land  in  re- 
spect of  crops  grown  thereon  by  one  not 
in  privity  with  him.    L.R.A.1918A,  550. 


PRIZE  AXD  CAPTUBE— cont'd 

Liability  of  carrier  for  capture  by  publio 
enemy  resulting  from  deviation.  L.R.A. 
1918A,  1066. 

Conclusiveness  of  decision  of  prize  court  as 
to  contraband  character  in  determining 
effect  of  carriage  of  contraband  upon 
marine  insurance.     5  B.  B.  C.  58. 


PRIZE   CONTEST. 


Legality  of  voting  or  popularity  contest. 
L.R.A.1917D,  489. 

Giving  prize  for  compositidn,  or  solution  of 
puzzle,  as  lottery.    6  B.  R.  C.  780. 

Guessing  contest  as  lottery.  11  L.RA.. 
(N.S.)    609. 

Right  to  maintain  action  for  prize  offered 
in.    33  L.R.A.(N.S.)  305. 

Changing  terms  of  offer  of  prize  after  ef- 
forts to  secure  it  have  begun.  37 
L.R.A.(N.S.)   183. 

Constitutionality  of  statute  requiring  prizes 
or  other  inducement  to  attract  trade,  to 
be  paid  in  cash.    41  L.R.A.(N.S.)  1041. 


PRIZE  AND  CAPTURE. 

Prize  contest,  see  Prize  Contest. 

Jurisdiction  of  consuls  in  case  of.  45  L.R.A. 
495. 

Allowance  of  interest  on  value  of  vessel 
captured  as  prize.     18  L.R.A.  453. 

When  property  on  land  may  be  subject  of 
maritime  prize.    5  B.  R.  C.  957. 

Rights  of  lien  holders  as  to  captured  prop- 
erty.    5  B.  R.  C.  1002. 

Running  into  danger  of  capture;  effect  of, 
upon  liability  on  marine  insurance 
policy.    1  L.R.A.(N.S.)  1097. 

Liability  of  insurer  of  vessel  or  cargo  "war- 
ranted free  from  capture."  5  B.  R.  C. 
74. 

Liability  of  insurer  under  policy  of  marine 
insurance  for  losses  arising  out  of  state 
of  war.     5  B.  R.  C.  4. 

Consult  also  L.R.A.  Digests  of  Cases, 


PRIZE  FIGHTING. 

Prize  fighting  as  a  crime.     15  L.R.A.  516. 
Consent    as    justification    for    assault.      15 

L.R.A.    853. 
Prohibition    of    importation    of    prize    fight 

moving     picture     films.       L.R.A.191t}C, 

228. 
Refusal    of    innkeeper    to    accept    or    serve 

prize    fighter   as   a   guest.     52   L.R.A. 

(N.S.)   744. 


PRIZE  POLES. 


Master's  liability  for  injury  by  defect  in. 
13  L.R.A.(N.S.)    680. 


PROBABLE  CAUSE. 

For  prosecution,  see  Malicious  Pbosectt- 

TION,  §§  6,  7. 
As  question  for  court  or  jury,  see  Trial, 

§  3. 


PROBATE. 

See  Wills,  §§  47-56. 


PROBATE  COUIOTS, 

See  Courts,  §  34. 


1104 


INDEX  TO  L.RJL  NOTES. 


PROCEDURE. 

See  Pbactioe  and  P&ocedtjbe. 


PROCEEDINGS   IN  REM. 

Jurisdiction  of  court  as  dependent  upon 
character  of  proceeding  in  relation  to 
real  property,  see  Courts,  §§  21,  22. 

Divorce  suit  as,  see  Divorce  and  Sepaea- 
TION,  §   10. 

As  to  foreign  judgment  in  rem,  see  Divoece 
AND  Sepaeation,  §  15;  Judgment,  §  67. 

As  att'ecting  mode  of  service  of  process,  see 
Wbit  and  Pbocess. 

Effect  of  omission  of  statement  that  owner 
is  unknown  in  proceeding  in  rem  to 
enforce  tax.     36  L.R.A.(N.S.)    1060. 

For  assault  by  employee  on  passenger.  14 
L.R.A,  740. 

Against  carrier  for  torts  of  servants  to  pas- 
sengers.    40  L.R.A.(N;S.)    1088. 

Will  action  in  rem  lie  againt  proceeds  of 
private  sale  of  property  against  which 
such  an  action  would  lie.  2  B.  R.  C. 
68. 

Effect  of  judgment  in  against  a  dead  per- 
son.    49  L.R.A.  168. 


PROCEEDS. 


Of  foreclosure  sale,  see  Mortgage,  §  83. 
Right  to  proceeds  of  land  under  devise  of 
land,  see  Wills,  §  75. 

Ratification  of  forged  instrument  by  re- 
ceiving proceeds  of  forgery.  36  L.R.A. 
(N.S.)   1017. 


PROCESS. 

Service  of,  see  Wbit  and  Pbocess. 

Right  to  protection  in  use  of  terms  descrip- 
tive of  a  process.     L.R.A.1916E,  633. 


-♦-•-♦- 


PROCURING  CAUSE  OF  SAIiE. 

Broker  as.    44  L.R.A.  321. 
♦  •  » 

PRODUCE  BUYERS. 

Combination     among,     as     monopoly.       12 
L.R.A.(N.S.)   150. 


PRODUCER. 

Implied  warranty  by,  see  Sale,  §  30. 


PRODUCTION  OF  DOCUMENTS. 

See  DiscovEBY  and  Inspectiox,  §  3. 


PROFANITY. 


PRODUCE    EXCHANGE. 

Seat  in,  as  asset  in  bankruptcy.    27  L.R.A. 

(X.S.)  613. 
'Begin  ivith  this  booTi  on  every  law  question. 


As  ground  for  divorce.  12  L.R.A. (N.S.> 
820. 

As  disturbance  of  public  peace.  32  L.RA^ 
(N.S.)   505. 

As  a  crime.    22  L.R.A.  353. 

Profane  statements  made  by  person  caus- 
ing accident  sometime  thereafter  as  res 
gestcE.    42  L.R.A. (N.S.)   926. 

Use  of  profane  or  offensive  language  while 
upon  one's  own  premises  as  an  offense^ 
49  L.R.A. (N.S.)  919. 

Good  motive  as  affecting  criminal  charge 
involving  profane  language  or  litera- 
ture.    L.R.A.1916B,  1121. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.  576. 


PROFERT  AND  OYER, 

See  Pleading,  §  5. 


PROFESSION. 


Libel  and  slander  affecting,  see  Libel  and 
Slandee,  §§  14-20,  24-27. 

What  is  a  "profession"  within  exemption 
laws.     L.RA.1915F,  916. 

Right  to  practise  a  profession  as  a  privi- 
lege or  immunity  of  a  citizen  of  the 
United  States.     14  L.R.A.  581. 


PROFESSIONAL    MEN. 

Libel  or  slander  of,  see  Libel  and  Slander, 
§§  14-20,  24-27. 

Validity  of  contract  restraining  practice  of 
one's  profession  after  expiration  of  term 
of  service  with  another.  26  J>.R.A. 
(N.S.)    961. 

Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  profession  as  af- 
fected by  territorial  scope.  24  L.RA. 
(N.S.)   913;  L.R.A.1916C,  626. 

Loss  of  time  as  element  of  damages  for 
destruction  or  loss  of  use  of  implementa 
of.     25  L.RA.(N.S.)    625. 


PROFESSIONAL  SCHOOLS. 

License  of,  see  License,  §  39. 


INDEX  TO  L.R.A.  NOTES. 


1105 


PROFESSIONAL.   SERVICES. 

Conclusiveness  of  the  testimony  of  experts 

as   to   the   value   of.     45   L.R.A.(N.S.) 

181. 
Contracts    for,   to    procure   legislation,      30 

L.R.A.  738. 
Husband's  liability  for  professional  services 

furnished    wife.      65    L.R.A.    529;     47 

L.R.A.(N.S.)   279. 


PROFESSOR. 


Character    of    occupation    of    premises    by. 
4  L.R.A.(N.S.)   714,  710,  725. 


PROFIT    A    PRENDRE. 

In  easement  in  gross,  nature  of.     14  L.R.A. 
333. 


PROFITS. 


Duty  of  cotenant  to  account  for,  see  Co- 
tenancy, §  8. 

Loss  of,  as  element  of  damages,  see  Dam- 
ages, §§  107-118. 

Insurance  against  loss  of,  see  Insurance, 
XIV. 

Rights  and  liabilities  of  parties  to  mort- 
gage as  to,  see  Mortgage,  §  33. 

Creation  of  partnership  by  agreement  to 
share,  see  Partnership",  §  7. 

Treatment  of  profits  of  contractors  and  pro- 
moters as  part  of  overliead  cliarges  in 
public  service  property  valuations.  48 
L.R.A.(N.S.)   104],  1048. 

Who  is  real  party  in  interest  by  whom  ac- 
tion for  must  be  brought.  64  L.R.A. 
620. 

How  far  profits  of  exempt  property  are 
exempt.      If)   L.R.A.   38. 

Duty  of  municipal  officer  to  account  for 
profits  made  in  transaction  with  munic- 
ipality.   48  L.R.A. (X.S.)  842. 

Duty  of  partner  to  account  for  profits  real- 
ized from  transactions  independently  of 
tirm.     52   L.R.A.(N.S.)    389. 

Liability  of  personal  representative  for 
profits  of  business  carried  on  by  him. 
40   L.R.A.(N.S.)    220. 

Profits  accruing  during  marriage  in  connec- 
tion with  property  belonging  to  sepa- 
rate estates  of  either  spouse  as  com- 
munity property.  31  L.R.A.  (X.S.) 
1092. 

Effect  of  secret  profits  on  broker's  right  to 
commissions.     45  L.R.A.  39. 

Right  to  credit  of,  on  mortgage  given  to  loan 
association.    29  L.R.A.  129. 

Power  of  equity  in  jurisdiction  where  mort- 
gage does  not  convey  title  to  impound 
profits  of  mortgaged  property  pending 
foreclosure.    7  L.R.A.(N.S.)  1001. 

Consult  also  L.R.A.  Digests  of  Cases.    70 


PROFITS— cont'd 

Allowance  of  interest  on  withdrawn  profits, 
in  favor  of  or  against  partner  during 
continuance  of  partnership.  35  L.R.A. 
(N.S.)    223. 

Burden  of  proof  as  to  profits  in  suit  for 
profits  from  infringement  of  patent  or 
copyright.     41   L.R.A.{N.S.)    653. 

Effect  of  statute  of  frauds  upon  parol  con- 
tracts for  sharing  profits  which  may, 
but  are  not  intended  to,  be  performed 
within   a  year.      15   L.R.A. (N.S.)    317. 

Taxation  of,  as  part  of  capital  stock  of  cor- 
poration.    58  L.R.A.  569. 

Admissibility  in  action  for  wrongful  death 
of  evidence  of  profits  or  contributions 
from  business  conducted  by  decedent. 
L.R.A.1918C,   1087. 


PROFIT  SHARING  CERTIFICATES. 

Regulation     and     prohibition     of     use     of. 
L.R.A.1917A,  433. 


PROHIBITED  ARTICLES. 

Keeping  of,  on  insured  premises,  see  Insur- 
ance, §  78  a. 


PROHIBITED   INSTRUMENTS. 

Forgery  of.    24  L.R.A.  44. 


PROHIBITION. 


§    1.  Generally. 

Of  sale  of  liquor,  see  Intoxicating  Liq- 
uors, §§  2-4. 

§   2.  When  lies. 

In  exercise   of   superintending  control  over 

inferior  courts.    51  L.R.A.  33. 
Against   proceeding  under  unconstitutional 

statute.    1  L.R.A. (N.S.)   843. 
To  restrain  court  from  proceeding  in  case 

in   which   it   has  erroneously   denied   a 

change  of  venue.     2  L.R.A. (N.S.)    395. 
To   restrain   suit   prosecuted   collusively   or 

for    an    ulterior    purpose.      24    L.R.A. 

(N.S.)    874. 
To  prevent   receiver   from   taking   property 

from  possession  of  stranger.    47  L.R.A. 

(N.S.)    757. 
Prohibition  to  prevent  numerous  unfounded 

prosecutions    for    alleged    violation    of 

.statute  or  ordinance.     37  L.R.A.(N.S.) 

448. 
Prohibition  against  court  proceeding  with  a 

case  in  which  it  erroneously   denied   a 

change  of  venue.     L.R.A.19i7F,  911. 


1106  INDEX  TO  L,R.A.  NOTES. 

PROJECTED   STORY.-  PROMPTNESS. 


Extension  of,  beyond  line  as  violation  of 
building  restriction.  52  L.R.A.(N.S.) 
1051. 


PROJECTING  SCREW. 

Master's  liability  for  injury  to  servant  by, 
see  Master  and  Servant,  §  89. 

Doctrine  of  "attractive  nuisance"  as  applied 
to  injury  from.     19  L.R.A.(N.S.)   1130. 


PROMISE. 


In  general,  see  Contract. 

As  fraud,  see  Fraud  and  Deceit,  §  8. 

Of  marriage,  see  Promise  of  Mabbiaoe. 

To  repair,  see  Landlord  and  Tenant,  §§  17, 
17a;  Master  and  Servant,  §§  119,  120, 
130. 

As  affecting  statute  of  limitations,  see  Limi- 
tations OF  Action,  §§  68-71. 

Voluntariness  of  confession  induced  by.  18 
L.R.A.(N.S.)  820;  50  L.R.A.(N.S.) 
1086. 


PROMISE  OF  MARRIAGE. 

Breach  of,  see  Breach  of  Promise. 
As  a  false  pretense.    L.R.A.1917E,  808. 


PROMISE  TO  REPAIR. 

See   Landlord   and   Tenant,    §§    17,    17a; 
Master  and  Servant,  §§  119,  120,  130. 


PROMISSORY  NOTES. 

See  Bills  and  Notes. 


PROMOTERS. 


Of  corporations  generally,  see  Corpora- 
tions, VII, 

Allowance  for  promoters'  profits  in  estimat- 
ing value  of  public  service  property,  48 
L.R.A.(N.S.)    1048. 


PROMOTION. 


Admissibility  of  evidence  of  earnings  in 
higher  position  on  question  of  damages 
for  injury  to  person  who  was  in  line  of 
promotion.     1  L.R.A.(N.S.)   1150.  • 

Begin  %i}ith  this  hooTc  on  every  law  question. 


As   essential  to  rescission   of  contract,  sea 
Contracts,  §  155. 

♦•» • 


PROMPT  PAYMENT. 

For  use  of  telephone,  see  Telephones,  §  7. 

Agreement  for  reduction  of  usurious  interest 
for,  or  in  case  of.    49  L.R.A.  551. 


PROMULGATION. 


Of  rules  by  employer,  see  Master  and  Serv- 
ant, §  71. 

Mandamus  to  compel  promulgation  of  act 
passed  by  legislature.  22  L.R.A.  (N.S.) 
1089. 


PROOF. 


See  Evidence. 


PROOB\S  OF  LOSS. 

See  Insurance,  §§  145-150. 


PROPERTY. 


§   1.  Generally. 

Of   infant,   see   Infants,   IV. 

Property  rights  of  corporation,  see  CoBPO- 
RATiONS,  §§  26,  26a. 

Property  rights  of  municipality,  see  Muiao- 
iPAL  Corporations,  §§  68-71. 

Of  railroad  company,  see  Railroads,  IV. 

Of  religious  society,  see  Religious  Socie- 
ties, §  3. 

Of  school  district,  see  Schools,  §§  29,  30. 

Of  United  States,  see  United  States,  §  3. 

Personal  property,  see  Personal  Property. 

Real  property,  see  Real  Property. 

Public  property,  see  Public  Property. 

Valuation  of  property  of  public  service  cor- 
porations, see  Public  Service  Corpora- 
tions, §  5. 

Protection  of  rights  in,  see  Constitutional 
Law,  IX.  f. 

Payment  for  corporate  stock  by,  see  Corpo- 
rations, §§  81a,  106. 

Condemnation  of,  see  Eminent  Domain. 

Obtaining  of,  by  false  pretenses,  see  Falsb 
Pretenses. 

Insurance  on,  see  Insurance. 

Loss  of,  see  Loss. 

In  transit,  taxation  of,  see  Taxes,  §  43. 

Doctrine  as  to  possibility  of  issue  extinct 
as  affecting  property  rights.  48  L.R.A. 
(N.S.)    865. 


INDEX  TO  L.R.A.  NCXIES. 


iioi 


PilOPERTY— cont'd 

Trial   of   right   to  property   in   proceedings 

instituted  by  search  warrant.  46  L.R.A. 

(N.S.)   970. 
Insane  delusions   as   to.     37   L.R.A.   282. 
Injunction  against   prosecutions  under  city 

ordinances    affecting.      21    L.R.A.    88. 
How  far  property  riglit  necessary  to  sustain 

action  for  pri\ate  nuisance.     15  L.R.A. 

(589. 
Effect  on  property  rights  of  divorce  involv- 
ing international  elements.     59  L.R.A. 

178. 
Conclusiveness  of  decisions  of  tribunals  of 

associations  or  corporations  directly  on 

property  rights.     49  L.R.A.  372. 
Acceptance  of  property  in  payment  of  debt 

as  an  accord  and   satisfaction.  L.R.A. 

1917A,  723. 

§  2.  Property  right  in  various  kinds  of 
property. 

In  highway,  see  Highway.s,  §  10. 

Of   luishand    and    wife,    see    Husband    and 

Wife,  IV. 
Of   incompetent   persons,   see   Incompetent 

Perso.xs,  §§  13-16. 

Property  rights  in  treos  on  or  overhanging 
boundary  line.     46  L.R.A. (N.S.)  3. 

Title  and  right  to  escaped  inanimate  prop- 
erty.    43  L.R.A. (N.S;)    460. 

Property  right  in  wild  animals  which  are 
being  pursued  or  have  been  wounded. 
50  L.R.A. (N.S.)   704. 

In  bees.     40  L.R.A.  687. 

In  dogs.     40  L.R.A.  503. 

In  secrets.    13  L.R.A.  652. 

In  market  quotations.     7  L.R.A. (N.S.)  889. 

In  ferry  franchise.     59  L.R.A.  515. 

f; ambling  device  as  property  within  coftsti- 
tutional  protection.  12  L.R.A.(N.S.) 
394. 

§   3.  Use  and  possession  of. 

Possession  of  real  property,  see  POSSESSION, 
§§  1-4. 

Possession  of  personal  property,  see  Pos- 
session, §§  5-8.  • 

Mandatory    injunction    aa    to    use    of.      20 

L.R.A.  161. 
Mantatory  injunction  as  to  possession   of. 

20  L.R.A.  169. 
Right  of  private  persons  to  contest  power 

of    corporation    to    take    or    hold.      32 

L.R.A.   293;    44  L.R.A. (N.S.)    544;    46 

L.R.A.(N.S.)  72. 
Creation    of    partnersliip    by    provision    for 

taking  profits  for  use  of  property.     IS 

L.R.A.(N.S.)   1041. 
Possession  of,  as  a  crime.    20  L.R.A.  52. 

§   4.  Transfer  of. 

Of  personal  property,  see  Personal  Pbop- 

ERTT,  §§  5,  6;  Sale. 
Authority  of  agent  as  to  purchase  or  sale 

of,  see  Pbincipal  and  Agent,  §  15. 

Right  to  preliminary  injunction  which 
would  have  effect  of  transferring  pos- 
session of  property,  title  to  which  Is 
in  dispute,  from  defendant  to  plaintiff. 
39  L.R.A. (N.S.)    31. 

Consult  also  L.B.A.  Digests  of  Cases. 


PROPERTY— cont'd 
§   5.  Injury  to. 

Destruction  of,  see  Destbuction,   §§   2,  3. 

Loss  of,  see  Loss. 

Municipal  liability  for  injury  to,  through 
defects  in  street,  see  Highways,  §  lOo. 

Landlord's  liability  for  injury  to,  or  con- 
version of,  see  Landlord  and  Tenant, 
§§  70,  71. 

Negligent  injury  to  property  generally,  see 
Negligence,  §§  53-55. 

Effect  of  bad  motive  on  liability  for  injurv 
to.     62  L.R.A.  678. 

Municipal  liability  for  injury  to  property 
rights  through  defective  plan  of  street 
construction.     67  L.R.A.  257. 

Municipal  liability  for  injury  to  property 
of  one  driving  over  defective  highway 
where  at  time  of  accident  his  horse  is 
frightened  without  fault  of  either 
partv.  8  L.R.A.(N.S.)  77:  29  L.R.A. 
(N.S.)   199;  L.R.A.1915D,  243. 

Master's  liability  for  injury  to  property  of 
one  to  whom  he  owes  no  contractual 
duty  by  acts  of  volunteer  assisting  serv- 
ant in  performance  of  master's  service. 
13  L.R.A. (N.S.)  572;  45  L.R.A. (N.S.) 
382;  L.R.A.1916B,  630. 

Effect  of  assisting  physically  in  creation  of 
condition,  on  right  for  damages  to 
property  caused  therebv.  42  L.R.A. 
(N.S.)    709. 

Liability  for  loss  of,  at  ford.  46  Ij.R.A. 
(N.S.)    229. 

Injury  to  property  by  discharge  of  explo- 
sives during  shipment.  L.E>A.1916B, 
725. 

§   6.  Of  prisoner. 

Liability  of  bondsmen  of  peace  officer  for 
acts  of  latter  as  to  property  taken  from 
prisoner.     37    L.R.A. (N.S.*)    873. 

Liability  of  officer  who  turns  over  articles 
taken  from  prisoner  to  a  third  person 
in  recognition  of  the  latter's  adverse 
claim.     19  L.R.A.(N.S.)  833. 


PROPERTY  QUAIilFIOATIOJT. 

Of  voters.    25  L.R.A.  482. 
Of  juror,  waiver  of.     39  L.R.A.(N.S.)    967. 
Want  of,  by  jurors  as  ground  for  new  trial. 
18  L.R.A.  476. 

»•» 


PROPERTY  RIGHT. 

See  Pbopebty. 

#>» 


PRORATING. 

Between    insurance    companies,   see   Insubt 
ance,  §  200. 

Provisions    as    to,    in    irrigation    contracts. 
L.R.A.1916F,   270. 


1108 


INDEX  TO  L.R.A.  NOTES. 


PROSECUTING  ATTORNEY. 

See  DiSTBiCT  and  Pbosecuting  Attobney. 


PROSPECTIVE  DAMAGES. 

Recovery  for,  see  Damages,  §§  62,  63,  11^. 


PROSPECTIVE  HEIR. 


PROSPECTIVE  GUARANTY. 
PROSECUTING  WITNESS. 

See  GUABANTT. 

Voluntariness  of  confession  to.     18  L.R.A. 

(N.S.)    849. 
Uncontradicted  statement  in  presence  of,  as 

a  confession  or  admission.     25  L.R.A. 

(N.S.)   551. 
Competency  of,  on  trial  for  obtaining  prop-    Transfer  of  expectancy  by,  see  Expectanct. 

erty  by  false  pretenses,  to  testify  that 

he  Was  induced  to  part  with  his  prop- 
erty   by    defendant's    statements.      34 

L.R.A.(N.S.)     642.  PROSPECTIVE  STATUTES. 

Constitutionality     of     statute     authorizing 

costs  of  prosecution  to  be  imposed  upon.    Construing  statute  as  prospective,  see  Stat- 

61  L.R.A.  489.  utes,  §  28. 


PROSECUTOR. 


Illegal   intent   of,   or   transaction   by,   as   a 

defense,  see  Ceiminal  Law,   §  21. 
See  also  Disteict  and  Pbosecuting  Attob- 

NETS. 

Voluntariness  of  confession  to.     18  L.R.A. 

(N.S.)   849;  50  L.R.A. (N.S.)   1088. 
Power   to   dismiss   prosecution.      35   L.R.A. 

701. 
As  grand   juror.     28   L.R.A.   201. 
As  witness   before  grand   jury.     28*  L.R.A. 

322. 
StiflBciency  of  evidence  of,  before  grand  jury 

to  sustain  indictment.     28  L.R.A.  326. 
Improper    influence    or     interference    with 

grand  jury  by.    28  L.R.A.  370. 
Necessity   of   consent  of  court  to   entry   of 

nolle  prosequi  in  a  criminal  case.     45 

L.R.A.  (N.S.)   1123. 
Right  of  accused  to  complain  because  prose- 
cution is  assisted  by  unofl5cial  member 

of  the  bar.     24  L.R.A.(N.S.)    564;   47 

L,R.A.(N.S.)    1106. 


^•» 


PROSPECT. 

Easement  of,  see  Easements,  §§  13,  19-21. 

*-*-¥ 

PROSPECTING. 

For  minerals.     7   L.R.A. (N.S.)    820. 


PROSPECTIV'E   ACTION. 

May  assessment  for  benefits  rest  upon  pro- 
spective .action  in  completing  improve- 
ment.    28  L,R.A.(>..S.)   669. 

Begin  with  thf^  hoolc  on  evevif  law  question. 


PROSPECTIVE  VALUE. 

Of  property  as  element  of  compensation  in. 
eminent  domain.    L.R.A.1917A,  405. 


PROSPECTS. 


Husband's  prospects  as  basis  for  alimony. 
4  L.R.A.(N.S.)   909. 


PROSPECTUS. 


Right  to  rescind  subscription  contract  ia 
case  of  variance  between  prospectus 
and  articles  of  incorporation.  33^ 
L.R.A.  733. 

Liability  of  officers  or  promoters  to  one 
who  purchases  stock  from  an  indi- 
vidual in  reliance  on  a  prospectus  is- 
sued to  induce  purchase  of  treasury- 
stock.     28  L.R.A.(N.S.)    359. 


PROSTITUTE. 

Slander  in  charging  woman  witli  being,  see 

Libel  and  Slander,   §   12. 
In  general,  see  Peostitution. 

Bringing  wife  in  contact  with,  as  ground 
for  divorce.     43  L.R.A. (N.S.)   964. 

Statute  or  ordinance  making  it  an  off'ense 
to  associate  with.    L.R.A.1917F,  904. 


PROSTITUTION. 


§   1.  Generally. 

House  of,  see  Disordeely  Houses. 
Intercourse  with  girl  under  age  of  consent^ 
see  Age  of  Consent. 


INDEX  TO  L.K.A.  NOTES. 


1109 


TROSTITUTIOX— cont'd 
See  also  Adultery;  Fornication;  Incest; 
Lascivious  Cohabitation;  Lewdness; 

PEOSTITUTES;    SEDUCTION. 

state  legislation  for  prevention  of  immoral- 
ity as  interference  witli  interstate  com- 
merce.    51  L.U.A.(N.S.)   157. 

Recovery  for  goods  sold  for  use  in  aid  of. 
15  L.R.A.  835. 

Effect  of  landlord's  knowledge  that  tenant 
intends  to  use  the  premises  for  pur- 
poses  of.      19   L.R.A.  (N.S.)    662. 

§   2.  White  slave  act. 

^Construction.  a])plicability,  and  effect  of 
congressional  White  Slave  Traffic  Act. 
L.R.A. 1917E,  1137. 

Indictment  of  woman  transported  in  viola- 
tion of  white  slave  traffic  act  for  con- 
spiracy to  violate  the  laws  of  the  Unit- 
ed States.     L.R.A. 1915D,  281. 

Wife  as  witness  against  husband  in  prosecu- 
tion under  White  Slave  Act.  L.R.A. 
1917E,   1133. 


PROTECTION. 


Of    recording    laws,    who    entitled    to,    see 

Records  and  Recording  Laws,  §  16. 
Of  witness,  see  Witnesses,  §  40. 


PROTEST. 


§   1.  Generally. 

Of  negotiable  paper,  see  BiLts  and  Notes, 
§§   43-53. 

Effect  of  protest  by  servant  in  performance 
of  duties  outside  of  original  emplov- 
ment,     48   L.R.A.   808. 

Effect  of  acceptance  under  protest  by  ven- 
dee where  stipulations  as  to  title  in 
executory  contract  for  sale  of  land  are 
dissimilar  from  those  in  subsequently 
executed  conveyance.  31  L.R.A. (N.S.) 
461. 

g   2.  As  to  rights  in  real  property. 

Effect  of  protest  by  owner  to  prevent  acqui- 
sition of  right  of  way  by  prescription. 
25  L.R.A.(N.S.)    174. 

Validity  of  contract  not  to  protest  against 
application  for  patent  to  public  land. 
9   L.R.A. (N.S.)    529. 

Duty  and  right  of  excluded  co-owner  to  file 
adverse  or  protest  against  application 
for  patent  to  a  mining  claim.  4 
L.R.A.  (N.S.)    1120. 

§  3.  As  condition  of  recovery  back  of 
money  paid. 

Against  payment  of  license  fee  as  affecting 
voluntariness  of  payment.  22  L.R.A. 
(N.S.)   876;  49  L.R.A. (N.S.)  388. 

Necessity  and  sufficiency  of  statement  of 
grounds  in  notice  of  protest  required 
as  condition  of  recovering  back  pay- 
ment of  an  unlawful  tax.  36  L.R.A. 
(N.S.)    476. 

Consult  also  L.R.A.  Digests  of  Cases. 


PROVABLE  DEBTS. 

Against    estate    of    bankrupt,    see    Bank- 
ruptcy, §§  25,  25a. 


PROVISIONS. 


Sufficiency  of  delivery  of  provisions  sold 
out  of  larger  lot.  26  L.R.A.(N.S.) 
36. 

Express  warranty  as  to,  as  excluding  im- 
plied warranty.     33  L.R.A.(N.S.)    505. 

Liability  of  vendor  in  cases  of  tort  for 
sale  of  unwholesome  provisions,  21 
L.R.A.  139. 

What  is  included  within  exemption  of  pro- 
visions.    L.R.A.1916B,  788. 


PROVISO. 


Effect  of  proviso  in  lease  against  assign- 
ment without  consent  upon  right  of 
assignee  to  assign.     2  B.  R.  C.  803. 


PROVOCATION. 


For  homicide,  see  Homicide,  IV. 

Evidence  of  provocation  to  mitigate  dam- 
ages in  civil  action  for  assault.  1 
L.R.A.(N.S.)  137;  11  L.R.A.(N.S.) 
670. 

Provocation  less  than  an  assault  as  defense 
to  civil  action  for  assault  and  battery. 
38  L.R.A.(N.S.)    516. 

Right  of  self-defense  against  assault  pro- 
voked by  abusive  language.  51  L.R.A. 
(N.S.)   838. 

Provocation  by  opposing  counsel  as  excuse 
for  misstatement  of  facts,  or  statement 
of  facts  not  in  ovidence  by  counsel  in 
argument  to  jury.  L.R.A.1918D,  18, 
107. 


PROVOKING  DIFFICUIiTY. 

See  Homicide,   §§  28-30. 


PROXIMATE  CAUSE. 

7.  In  general,  §§  1-3. 
I  J.  Of  death;  loss  or  injury  hy  the 
elements,  §§  4-7. 
JII.  Of  injury  to  passenger,  §§  8-10. 
IV.  Of   injury    by   railroad    train    or 
engine,   §§   11,   12. 
V.  Of  injury   on  defective  highway 

or  bridge,  §§   13,  14. 
VI.  Of  injury  to  servant  or  tenant,  §§ 
15-17. 
VII.  Of  injury  by  fright,  S§   18-20. 
VIII.   Under  civil  damage  act,  §  21. 
IX.  Miscellaneous,  §  22. 


3110 


mDEX  TO  L.E.A.  NOTES. 


PROXIMATE  CAUSE— cont'd 
/.  In  general. 

§    1.  Generally. 

As  to  liability  for  negligent  injury,  gener- 
ally, see  Negligence,  and  other  specific 
titles,  e.  g.  Cakriebs,  Electricity, 
Master  a>'d  Servant,  Eailroads, 
Street  Railways. 

As  affecting  damages,  see  Damages. 

Of  loss  of  insured  property,  see  Insxjbance, 
VIII.  c,  1. 

Of  injury  to,  or  death  of,  insured,  see  In- 
surance, VIII.  c,  2. 

As  to  "last  clear  chance,"  see  Negligence, 
§§   50-52. 

Effect  of  negligence  of,  or  failure  to  em- 
ploy, physician,  see  Physicians  and 
Surgeons,  §  17. 

Effect  of  obeying  or  disobeying  physician, 
see  Physicians  and  Surgeons,   §   18. 

Granting  new  trial  on  issue  of  proximate 
cause  only.     L.R.A.1915E,  249. 

Weather  conditions  as  an  independent,  in- 
tervening, efficient  cause.  20  L.R.A. 
(N.S.)    92. 

Anticipation  as  an  element  of  proximate 
cause.     11   L.R.A.(N.S.)    684. 

Of  injury  from  violation  of  statute  not  ex- 
pressly conferring  right  of  action.  9 
L.R.A.(N.S.)    345. 

Of  injury  from  violation  of  statute  not  ex- 
pressly conferring  right  of  action. 
L.R.A.1915E,  516. 

Damages  recoverable  for  delaying  person  by 
blocking  railroad  crossing.  44  L.R.A. 
(N.S.)    1069. 

Negligence  responsible  for  accident  as  prox- 
imate cause  of  personal  injury  received 
in  performance  of  act  or  work  rendered 
necessary  by  the  accident.  7  L.R.A. 
(N.S.)   907. 

Subsequent  conduct  of  injured  person  in  its 
relation  to  proximate  cause,  as  dis- 
tinguished fron  contributorv  negligence. 
18  L.R.A.(N.S.)    640. 

The  question  of  proximate  cause  as  affect- 
ing applicability  of  rule  denying  con- 
tribution between  joint  tort  feasors. 
36  L.R.A. (N.S.)   583. 

§  2.  Of  injury  to  children. 

By  explosion,  see  infra,  §  7. 

By  railroad  train,  see  infra,  §  12, 

Injury  to  minor  servant,  see  infra,  §  16. 

May  the  intervening  act  of  a  child  break 
the  causal  connection  between  the  de- 
fendant's negligence  and  the  injury. 
23  L.R^.(N.S.)    249. 

Of  injury  by  attractive  nuisance.  19  L.R.A. 
(N.S.)    1165. 

§   3 .  Rule  of,  in  case  of  malicious  torts. 

The  general  rule.     45  L.R.A.  87. 

In  case  of  wrongful  violations  of  legal 
duty   or   positive   law.     45   L.R.A.   87. 

In  case  of  acts  directly  malicious  or  wilful. 
4.5  L.R.A.  89. 

Wilful  misrepresentations  and  false  war- 
ranties.    45  L.R.A.  90. 

Limit  to  the  rule.     45  L.R.A.  91. 


PROXIMATE  CAUSE— confa 

II.  Of  ileath ;   loss  or  injury  hy   th& 
elements. 

§   4.  Generally. 

Delaying  run  of  logs  as  proximate  cause 
of  loss  from  high  water,  wind,  or  other 
similar  cause.     31  L.R.A.(N.S.)    1131. 

Accident  as  proximate  cause  of  death  under 
anesthetic.     3  B.  R.  C.  65. 

§   5.  Of  loss  by  fire  or  wind. 

Of  damage  by  fire.     21  L.R.A.  259.  ■ 

Spreading  bv  wind  of  fires  negligently  set^ 
20  L.R.A.(N.S.)    92. 

Wind  as  proximate  cause  of  accident.  20 
L.R.A.(N.S.)    95. 

Proximate  cause  of  damage  resulting  from 
fire  as  affected  by  time,  distance,  or 
intervening  property.  42  L.R.A. 
(N.S.)    759. 

Accumulation  of  inflammable  material 
which  aids  spread  of  fire  originating 
on  another's  property  as  proximate 
cause  of  destruction  of  propertv  of 
third  persons.     12   L.R.A. (N.S.)    446. 

Negligently  setting  out  fire  as  proximate 
cause  of  injury  to  one  burned  while 
seeking  to  protect  his  propertv.  15. 
L.R.A.(N.S.)    819;  L.R.A.1915E/991. 

Liability  for  setting,  upon  one's  own  prem- 
ises, a  fire  which  spread  to  the  prop- 
erty of  others.     36  L.R.A. (N.S.)   194. 

Discharging  oil  into  stream  or  bay  as  prox- 
imate cause  of  fire  resulting  therefrom. 
30   L.R.A.(N.S.)    1210. 

Proximate  cause  of  injury  by  dangerous 
walls  left  unprotected  after  fire.  20 
L.R.A.(N.S.)    96. 

Delaving  run  of  logs  as  proximate  cause 
of  injurv  by  wind.  31  L.R.A. (N.S.) 
1131. 

§   6.   Of  loss  or  injury  by  explosion. 

As  affecting  liability  of  gas  company  for 
negligence  in  escape  or  explosion  of 
gas.  29  L.R.A.  356;  32  L.R.A.(N.S.) 
819;  L.R.A.1915E,  1027. 

Intervening  act  of  third  person  as  affecting 
,  proximate  cause  in  case  of  injurv  bv  ex- 
plosives.    L.R.A. 1915E.  479. 

Violation  of  statute  or  ordinance  relating 
to  explosives  as  proximate  cause  of 
injury.     48  L.R.A. (N.S.)   877. 

Unlawful  or  negligent  storage  of  explosives 
as  proximate  cause  of  injuries  from  ex- 
plosion caused  by  fire.  L.R.A.1917F, 
624. 

g   7.  —to  children. 

Leaving  explosives  accessible  to  children  as 
proximate  cause  of  injury  to  child  by 
explosion  thereof.  14  L.R.A.  (N.S.) 
586;  24  L.R.A.  (N.S.)  1257;  L.R.A. 
1917A,  1295. 

III.  Of  injury  to  passenger. 

§   8.  Generally. 

As  condition  of  liability  of  carrier  deviat- 
ing from  course.     2  B.  R.  C.  608. 


Begin  witJi  this  'booTc  on  evei^  law  question. 


INDEX  TO  L.R.A.  KOTES. 


1111 


PROXIMATE  CAUSE,  III.— cont'd  I 

Negligence  in  directing  passenger  to  wrong  | 
train    as    proximate    cause    of    injuries  ' 
sustained  in  aligiiting  from  train  while 
in   motion.      32    L.R.A.  (N.S.)    280. 

What  injuries  may  be  deemed  the  proxi- 
mate result  of  discharging  passenger 
at  improper  place,  or  one  not  his  des- 
tination.    7   L.R.A. (N.S.)    1177. 

Of  injury  to  passenger  resulting  from 
fright.     45  L.R.A.(N.S.)   437.    « 

Negligence  of  carrier  as  proximate  cause  of 
injury  to  passenger  from  act  of  drunk- 
en fellow-passenger.    4  B.  R.  C.  330. 

Ejection  of  sick  or  intoxicated  passenger 
as  proximate  cause  of  subsequent  in- 
jury 01-  death.     L.R.A.1915C,  142. 

Failure  to  properly  light  car  or  waiting 
room  or  permitting  car  to  be  over- 
crowded as  proximate  cause  of  assault 
upon  or  robbery  of  passenger.  L.R.A. 
1918A,  1072. 

Liability  of  carrier  for  personal  injuries  to 
passenger  who  attempts  to  reach  his 
destination  by  other  means  because  of 
delay  or  stalling  of  car  or  train. 
L.R.A.1917F,  357. 

§   9.  Failure  to  stop  train. 

Of  injury  to  passenger  whose  train  has 
run  past  station.    37  L.R.A. (N.S.)  266. 

What  injuries  may  be  deemed  the  proxi- 
mate result  of  failure  to  stop  street 
car  for  waiting  passenger.  33  L.R.A. 
(N.S.)    1007. 

Damages  incident  to  attempt  to  reach  des- 
tination by  other  means  as  an  element 
of  recovery  for  failure  to  stop  train 
for  intending  passenger.  8  L.R.A. 
(N.S.)    880. 

§   10.  On  elevator. 

Leaving  elevator  in  position  to  be  operated 
by  stranger  as  proximate  cause  of  in- 
jury to  passenger  occasioned  by  act  of 
third    party    in    connection    therewith 
.     22  L.R.A.(N.S.)   297. 


tV.  Of  injury  iy  railroad  train  or  en- 
gine. 

§    11.  Generally. 

Proximate  cause  of  injury  caused  by  car  or 
engine  set  in  motion  by  third  person. 
26   L.R.A.(N.S.)    719. 

Proximate  cause  of  injury  where  person  or 
vehicle  runs  into  side  of  train  at 
crossing.     L.R.A.1915A,  363. 
Failure   to   give   crossing  signals.     38 
L.R.A. (N.S.)    2153. 

Of  injury  by  railroad  trains  or  cars  oper- 
ated longitudinally  along  public  street. 
49  L.R.A. (N.S.)    690. 

Liability  of  railroad  company  for  injury 
resulting  from  act  of  shipper  of  con- 
signee in  setting  car  in  motion.  51 
L.R.A. (N.S.)    888. 

Necessity  that  violation  of  statute  or  ordi- 
nance as  to  blocking  railroad  crossing 
be  proximate  cause  of  injury.  47 
L.R.A. (N.S.)    822. 

Consult  also  L.R.A.  Digests  of  Cases. 


PROXIMATE  CAUSE,  IV.— cont'd 
When  violation  of  statute  or  ordinance  as 
to    blocking    of    railroad    crossing    is 
deemed  proximate  cause  of  resulting  in- 
jury.    47  L.R.A. (N.S.)    824. 

§    12.  To  child. 

Negligent  operation  of  train  at  crossing  as 
proximate  cause  of  injury  to  child,  in- 
capable of  contributory  negligence,  who 
was  aware  of  train's  approach.  34 
L.R.A. (N.S.)    645. 

Proximate  cause  of  injury  to  child  by  rail- 
road trains  or  cars  operated  longitudi- 
nally along  public  street.  49  L.R.A. 
(N.S.)   690. 

V.  Of  injury  on  defective  highway  or 
bridge. 

§   13.  Highway. 

Effect  of  fright  of  horse,  see  infra,  §  20. 

Defect  in  highway  as  proximate  cause  of  in- 
jury. 13  L.R.A. (N.S.)  1252;  20  L.R.A. 
(NiS.)   732. 

Obstruction  in  highway  as  proximate  cause 
of  injury  notwithstanding  intervening 
cause.      9   L.R.A. (N.S.)    548. 

Act  of  stranger  in  attempting  to  remedy 
defect  in  highAvay  as  intervening  cause 
of  injury  to  traveler.  14  L.R.A. (N.S.) 
956. 

What  injuries  may  be  deemed  to  be  proxi- 
mately caused  by  the  absence  of  a  guard 
vail  in  a  highway.  18  L.R.A. (N.S.) 
]135. 

Liability  for  negligence  in  permitting  wires 
to  hang  down  notwithstanding  inter- 
vening act  of  third  person  in  connec- 
tion therewith.     24  L.K.A.(N.S.)    978. 

Failure  of  road  authority  to  make  repairs 
as  intervening  cause  relieving  from  lia- 
bility for  negligence  one  responsible  for 
the  condition  of  the  highway.  3  B.  R. 
C.  1000. 

§    14.  Bridge. 

Negligent  breaking  of  bridge  as  proximate 
cause  of  obstruction  of  navigation 
necessary  to  effect  repair.  10  L.R.A. 
(N.S.)   710. 

FI.  Of  injury  to  servant  or  tenant. 

§    15.  Servant. 

Relation  of  doctrine  of,  to  master's  lia- 
bility for  injury  to  servant  from  con- 
curring negligence  of  master  and  fel- 
low servant,  see  Master  and  Sebvaxt, 
§  134. 

Relation  of  rule  of  proximate  cause  to  rule 

res  ipsa  loquitur.    L.R.A.1917E,  35,  197, 

209,  232,  240. 
Rule  of,  applied  to  combined  negligence  of 

master  and  fellow  servant.     16  L.R.A, 

819. 
As  affecting  liability  for  injury  to  servant 

of  other  person.     46  L.R.A.  119. 
Omission  to  promulgate  rules  as  proximate 

cause  of  injury  to  servant.     43  L.R.A. 

320. 


11]2 


INDEX  TO  L.R,A.  NOTES. 


PROXIMATE  CAUSE,  VI.— cont'd 

Servant's  recovery  for  injury  notwithstand- 
ing violation  of  rule  unless  proximate 
cause  of  injury.     43  L.R.A.  352. 

Nonliability  for  failure  to  warn  servants 
unless  such  failure  was  proximate  cause 
of  injury.     44  L.R.A.  86. 

To  create  liability,  omission  of  duty  to 
inspect  instrumentality  furnished  serv- 
ant must  be  proximate  cause  of  injurv. 
41   L.R.A.   83. 

Master's  liability  for  injury  to  servant 
where  his  own  negligence  intervenes 
as  proximate  cause  betvi^een  delinquent 
coservant's  negligence  and  the  injurv. 
54  L.R.A.   165. 

Employer's  liability  for  injuries  in  per- 
formance of  work  by  independent  con- 
tractor where  employer's  own  act  is 
proximate  cause  of  injury.  66  L.R.A. 
941. 

Negligent  condition  of  place  or  appliances 
as  the  proximate  cause  of  injuries  not 
primarily  caused  by  that  condition.  40 
L.R.A.  (N.S.)    940. 

Negligence  responsible  for  accident  as  prox- 
imate cause  of  personal  injury  sus- 
tained in  performance  of  act  or  work 
rendered  necessary  by  the  accident. 
7  L.R.A.(N.S.)    907. 

Negligence  in  sending  rolling  stock  out  in 
defective  condition  as  proximate  cause 
of  injury  to  one  attempting  to  repair 
it  en  route.     43  L.R.A. (N.S.)   70i. 

Proximate  cause  of  injury  to  employee 
caused  by  car  or  engine  set  in  motion 
by  third  person.     26  L.R.A. (N.S.)   719. 

Leaving  switch  unlocked  as  proximate  cause 
of  derailment  of  train  resulting  from 
the  throwing  of  the  switch  by  a  stran- 
ger,   11  L.R.A.(N.S.)  738. 

§16.  — minor  servant. 

Necessity  that  injury  to  child  proximately 
result  from  his  employment  in  viola- 
tion of  statute.  1  B.  R.  C.  634;  48 
L.R.A.(N.S.)  661. 

§   17.  Of  injury  to  tenant. 

Of  injury  to  tenant  from  defect  in  prem- 
ises.   34  L.R.A.  831. 


VII.  Of  injury  by  fright. 

§    18.  Generally. 

Right  to  recover  for  physical  injury  re- 
sulting from  fright  caused  by  wrongful 
act.  3  L.R.A.(]S.S.)  49:  22  L.R.A. 
(N.S.)  1073;  24  L.R.A.(N.S.)  1169; 
L.R.A.1915D,  830. 

Proximate  cause  of  injury  to  passenger  re- 
sulting from  fright.  45  L.R.A.(N.S.) 
437. 

§  19.  Of  injuries  through  fright  of 
horse. 

Of    injuries   through    fright   of    horse.      15 

L.R.A.  367. 
What  deemed  to  be  the  proximate  cause  of 

injuries      following     a     runawav.        5 

L.R.A.(N.S.)   373. 
Begin  tiHth  this  booTc  on  every  latv  question. 


PROXIMATE  CAUSE,  VII.— cont'd 
§   2  0.  —on  defective  highway. 

Liability  of  municipality  for  injury  to  per- 
son or  property  of  one  driving  over 
defective  highway,  where  his  horse  is 
frightened  without  fault  of  either 
party.  8  L.R.A.  (IN. S.)  77;  29  L.R.A. 
(N.S.)  199;  L.R.A.1915D,  243. 

VIII.  Under  civil  damage  act, 

§21.  Generally. 

Right  of  action,  in  absence  of  civil  dam- 
age act,  for  injuries  or  death  following 
unlawful  sale  of  liquor.  34  L.R.A. 
(N.S.)    1036. 

Necessity,  to  sustain  a  recovery  under  civil 
damage  act,  that  the  intoxication  be 
the  proximate  cause  of  the  injury. 
13  L.R.A. (N.S.)  1158;  50  L.R.A.(N.S.) 
858. 

IX.  Miscellaneous, 

§  22.  Generally. 

Proximate  cause  of  injury  where  one  person 
is  pushed  against  another.  L.R.A. 
1917E,  275. 

Liability  for  injuries  by  automobile  set  in 
motion  by  stranger.     L.R.A.1917D,  867. 

Liability  of  telephone  company  for  failure 
to  make  connections  for  subscriber. 
21  L.R.A.(N.S.)  115;  28  L.R.A. (N.S.) 
654. 

Keeping  of  animal  known  to  be  dangerous, 
as  proximate  cause  of  injury.  2  B.  R. 
C.  29. 

Hostilities  as  proximate  cause  of  loss  un- 
der policy  of  marine  insurance.  5  B. 
R.  C.  34. 

Of  injury  to  one  other  than  passenger  struck 
bv  object  hurled  by  street  car.  L.R.A. 
1915B,  1111. 

Necessity  that  fault  or  mistake  of  notary 
or  other  oflBcer  certifying  to  acknowl- 
edgment or  affidavit  should  be  proxi- 
mate cause  of  loss  to  render  him  liable 
therefor.     49  L.R.A.(N.S.)  51. 

Independent,  intervening  or  concurring 
cause  of  death  as  affecting  criminal  re- 
sponsibility.    51  L.R.A.(N.S.)  877. 


PROXY. 

At    stockholders'    meetings,    see    Cobpoba- 
TIONS,    §    125. 

§   1.  Signature  by. 

Signing  of  writ  and  process  by,  see  Wbit 
AND  Pbocess,  §  2. 

Signature  written  by  another.     22  L.R.A. 
297. 


PTOMAINE    POISONING. 

Death  from,  as  accident  or  accidental  means 
within  meaning  of  accident  insurance 
policy.    L.R.A.1916A,  481. 


INDEX  TO  L.R.A.  NOTES. 


Ilia 


PSYCHIC  HEALE3RS. 


See  Mental  Suggestion. 


PUBIilC. 

§    1.  Generally. 

Adverse  possession  by  or  against,  see  Ad- 
verse Possession,  §  10. 

Recovery  back  by  public  of  money  paid,  see 
Assumpsit,  §  10. 

Use  of  highway  by,  see  Highways,  §§  12- 
17. 

License  from,  see  License,  II. 

Property  of,  see  Public  Property. 

Relative  rights  of  public  and  individuals  in 
water,  see  Waters,  §§  9-23. 

Use  of  private  alley  by  public  as  permis- 
sive or  prescriptive.    L.R.A.1917E,  723. 

Right  of  contractor  with  public  to  immuni- 
ty which  latter  enjoys  from  liability 
for  damages.     L.R.A.1916D,  511. 

Corporate  by-laws  as  notice  to.  25  L.R.A. 
49. 

Protection  of  private  rights  from  interfer- 
ence by.     18  L.R.A.  543. 

Right  of  public  to  attend  municipal  coun- 
cil meetings.     1  B.  R.  C.  296. 

Right  of  public  to  fees  unlawfully  collected 
by  officer  for  his  own  benefit.  20  L.R.A. 
(N.S.)    103  5. 

Right  of  public  to  benefit  of  discoveries,  in- 
ventions, devices,  data,  etc.,  made  or 
prepared  by  officer  or  employee.  L.R.A. 
1917B,  1183. 

§   2.  Liability. 

Liability  of  couiity,  see  C!ounties,  §§  7-11. 
Liability   of    municipality,    see   Municipal 

Corporations,  §§  72-101. 
Liability  of  state,  see  State,   §§  10-12. 

Liability  of  public  for  medical  services  to 
indigent  person  in  absence  of  notice  or 
request.     9   L.R.A.(N.S.)    1234. 

Right  of  counsel  assigned  to  defend  indi- 
gent person  to  compensation  from  pub- 
lic in  absence  of  statute.  36  L.R.A. 
(N.S.)    377. 


PUBLIC  ACCOMMODATION. 

What  are  places  of,  within  meaning  of  civil 
rights  act.  9  L.R.A.{N.S.)  601;  L.R.A. 
1918F,  829. 


PUBLIC  ADDRESS. 

Public  addresses  derogatory  to  parties  to 
litigation  as  contempt  of  court.  2  B.  R. 
C.  500. 


PUBLIC  ADMINISTRATOR. 

Validity  of  acts  by,  where  letters  of  ad- 
ministration are  afterwards  revoked  or 
held   invalid.     21   L.R.A.  166. 

Consult  also  L.Ii.A.  Digests  of  Cases. 


PUBLIC  AGENCIES. 

Injunction    against    interfering    with. 
L.R.A.  64. 


15 


PUBLIC  AMUSEMENTS. 

See  Amusements. 


♦  •» 


PUBLIC  CELEBRATION. 

See  Celebeations. 


^•» 


PUBLICATION. 

§   1.  Generally. 

As  a  contempt,  see  Contempt,  §  6. 

What  constitutes  publishing  of  forged  in- 
strument, see  Fobjgery. 

Libel  by,  see  Libel  and  Slander. 

Privilege  of  communication  as  aifected  by 
extent  of,  see  Libel  and  Slander,  §  28. 

Of  libel,  see  Libel  and  Slander,  §§  32,  33. 

Of  notice,  see  Notice,  §  10. 

Of  will,  see  Wills,  §  25. 

Of  process,  see  Writ  and  Process,  §§  20,. 
21. 

Of  proposed  initiative  or  referendum  meas- 
ure. 50  L.R.A.(N.S.)  225;  L.R.A. 
1917B,  42. 

What  constitutes  publication  of  intellectual 
production.     43  L.R.A. (N.S.)   641. 

Common-law  rights  with  respect  to  publica- 
tion of  intellectual  productions.  51 
L.R.A.  363. 

Cruel  and  unusual  punishment  for  unlaw- 
ful publications.  35  L.R.A.  578;  L.R.A. 
1915C,  569. 

Validity  of  contract  in  restraint  of  trade 
in.     22  L.R.A.  674. 

Prevention  of,  as  interference  with  freedom 
of  the  press.     32  L.R.A.  831. 

Indecency  or  obscenity  of.     24  L.R.A.   110. 

Advertising  lost  or  stolen  paper  as  putting 
purchaser  on  inquirv.  29  L.R.A.(N.S.) 
383. 

As  evidence  of  depositions  in  proceeding  to 
perpetuate  testimony.  25  L.R.A.(N.S.) 
681. 

Sufiiciency  of  notice  by  publication  to  in- 
sured of  cancelation  of  fire  policy.  50 
L.R.A.(N.S.)    40. 

§  2.  Injunction  against. 

Injunction  against,  see  Injunction,  §  73. 

§   3.  In  what  language. 

Of  official  notices  in  foreign  language.  14 
L.R.A.   64. 


PUBLICATION  C03IPANIES. 

Right  of  foreign  company  to  enter  state.  24 
L.R.A.  314. 


1114 


INDEX  TO  L.R.A.  NOTES. 


PUBLIC    AUTHORITIES. 

Master's  right  to  rely  on  inspection  by,  of 
places,  materials  or  appliances.  15 
L.R.A.(N.S.)  812. 


PUBLIC  BODIES. 


See  also  Boards. 

Parol  evidence  to  vary  or  supplement 
minutes  of.     50  L.R.A.(N.S.)   99. 

Applicability  to  public  bodies  of  statute  re- 
quiring building  contractor's  bond  for 
protection  of  subcontractors,  laborers, 
etc.     50  L.R.A.(N.S.)   469. 

Federal  courts  following  state  decisions  as 
to  powers  and  liabilities  of.  40  L.11.A. 
(N.S.)  442. 


PUBLIC  tiUILDINGS. 

§    1.  Generally, 

Courthouse,  see  Courthouse. 

Hospital,  see  Hospital. 

Schoolhouse,  see  Schools,  §§  29,  30. 

Liability  of  municipal  corporation  for  tort 
in  connection  with,  see  Municipal  Cor- 
porations, §§  98,  99. 

Giving  of  free  service  to,  by  public  service 
corporation  as  an  unlawful  discrimina- 
tion.     L.R.A.1918D,    904. 

Lease  or  license  of,  for  private  purposes.  33 
L.R.A.  118. 

Right  of  municipality  to  prevent  use  of,  or 
to  lease,  its  public  buildings  for  private 
purposes.     31    L.R.A. (N.S.)    580. 

Injunction  against  city  building  constitut- 
ing nuisance.     23  L.R.A.  303. 

Claims  against  state  arising  out  of  work 
on,  or  material  in.     42  L.R.A.  56. 

Appropriations  for.     14  L.R.A.  474. 

Liability  of  state  for  injury  in  state  build- 
ing.    42  L.R.A. (N.S.)  251. 

§  2.  Contracts  as  to  location  of. 

Contract  as  to  location  of.     4  L.R.A. (N.S.) 

589;  L.R.A.1916D,  727. 
Bribery  by  gift  to  public  as  consideration 

for  location  of.     14  L.R.A.  62. 

§   3.  Erection  of. 

Lien  for,  see  Mechanics*  Liens,  §  18. 

Validity  of  contract  as  to.  4  L.R.A. (N.S.) 
589;  L.RJiL.1916D,  727. 

Implied  power  of  municipality  to  contract 
for  erection  or  repair  of,  on  credit.  4 
L.R.A.(N.S.)    746. 

Power  of  municipality  to  construct  as- 
sembly, convention,  exposition,  or 
amusement  hall.     26  L.R.A.(N.S.)   425. 

Right  of  taxpayer  in  absence  of  statute  to 
enjoin  erection  of,  by  municipality.  36 
L.R.A.  (N.S.)  18. 

Begin  with  this  book  on  every  law  question. 


PUBLIC  CHARITIES. 


See  Charities. 


PUBLIC  CONTRACT. 

See  Contracts,  §§  158-161;  Municipal  Cor- 
porations, §§  53-60;  Public  Improve- 
ments, §§  7-9;  Waters,  §  111. 


PUBLIC  CONVENIENCE. 

Granting  of  final  injunction  against  nui- 
sance where  public  convenience  is  in- 
volved. 31  L.R.A. (N.S.)  895;  L.R.A. 
1916C,  1270. 

Scope  and  construction  of  provision  for  in- 
demnity in  case  of  injury  while  riding 
in  or  on  a  public  conveyance.  37 
L.R.A.(N.S.)  618. 


PUBLIC  CONVTEYANCE. 

Scope  and  construction  of  provision  for  in- 
demnity in  case  of  injury  while  riding 
in  or  on  a  public  conveyance.  L.R.A. 
1915C,  456. 


PUBLIC  CORPORATIONS. 

Bonds  of,  see  Bonus,  III. 

Estoppel  of,  see  Estoppel,  I. 

See  also  Counties;  Municipal  Corpora- 
tions; Public  Service  Corporations; 
Schools;  Towns;  Villages. 

Applicability  to  public  corporations  of  doc- 
trine that  corporation  may  be  estopped 
to  plead  defense  of  ultra  vires  in  ac- 
tion brought  against  it.  L.R.A.1917A, 
850. 

Right  of  subcontractor,  materialman,  or 
laborer  to  maintain  action  on  contract- 
or's bond  running  to.  27  L.R.A. (N.S.) 
581. 

Personal  liability  to  other  contracting  party 
of  one  who,  without  authority,  assumes 
to  contract  as  agent  for.  34  L.R.A. 
(N.S.)   523. 

Liability  of,  on  implied  contract.  39 
L.R.A.(N.S.)  43,  72. 

Notice  imported  to  holders  by  commercial 
paper  payable  to  a  public  body  or  olB- 
cer  thereof.     L.R.A.1915B,  725. 

Liability  on  implied  contract.  46  LJl.A. 
(N.S.)  921. 

Ratification  by  public  corporation  of  invalid 
contract.    L.R.A.1915A,  1023. 

Rights  and  remedies  where  contracts,  bonds, 
or  other  instruments  of  a  public  corpo- 
ration are  invalid.     L.R.A.1915A,  904. 


INDEX  TO  L.R.A.  NOTES. 


1115 


PUBLIC  EASKMENT. 


See  Highways;  Parks. 


PUBLIC   ENEMIES. 

Validity  of  contract  made  for  purpose  of 
auling  and  abetting.  12  L.R.A.(N.S.) 
6U6. 


PUBLIC  EXHIBITION. 

Liability  of  projjriotor  for  injury  to  patron. 

1  L.R.A.(N.S.)   427;  L.R.A.1915F,  690. 
Municipal    liability   for   failure   to   prevent. 

42  L.R.A.(N.S.)    8G4. 


PUBLIC   GROUNDS. 

Municipal  liability  for  injuries  tbrough  un- 
safe condition  of.  33  L.R.A.(N.S.) 
533;  L.R.A.1915C,  435. 

Xiiability  of  municipality  for  acts  of  its  of- 
ficers in  removing  trespassers  from.  35 
L.R.A.(N.S.)   435. 


PUBLIC  HALL. 


Power  of  municipality   to  construct.        26 

L.R.A.(N.S.)  425. 


PUBLIC  HEALTH. 

See  Health. 

«-»^ 

PUBLIC  HOME. 

What  constitutes  residence  entitling  inmate 
of  public  bomo  to  privilege  of  public 
schools.  36  L.R.A.{N.S.)  344;  61 
L.R.A.(N.S.)   234. 


IV 


PUBLIC    IMPROVEMENTS. 

/.  In  general,   §§  1-4:. 
II.  What  arc,   §§   5,   6. 
Contracts  for,  §§  7-9. 
Asse.s.'inients ;  payment  or  liability 
for  worTc  done,  §§  10-31. 
a.  In  general,  §§  10-13a. 
Z».  Nature  of  improvements,  §§ 

14:,    15. 

c.  Persons  and  property  liable { 

exemptions,  §§  16-23. 

d.  Rules  of  apportionment,   §§ 

24-26. 

e.  Enforcement ;         procedure; 

priorities,  §§  27-31. 
Consult  also  L.R.A.  Digests  of  Cases. 


PUBLIC   IMPROVEMENTS— cont'd 
J.  In  general. 

§   1.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  141. 

Drains  and  sewers,  generally,  see  Drains 
and  Sewers. 

Change  of  street  grade,  see  Highways,  §§ 
52,  53. 

Municipal  plants,  see  Municipal  Corpora- 
tions, §§  68-70. 

Right  of  abutting  owner  to  make  improve- 
ments in  street.  44  L.R.A.  (N.S.) 
552. 

Submission  of  question  as  to,  to  voters.  26 
L.R.A.(N.S.)    665. 

Bribery  by  offer  to  public  to  obtain.  14 
L.R.A.  62. 

Persons  engaged  in,  as  independent  con- 
tractors.    65  L.R.A.  487,  493. 

Corporations  as  "residents"  within  public 
improvement  statutes.  43  L.R.A. (N.S.) 
272. 

Delegation  by  city  council  of  the  power  to 
determine  the  width,  grade,  material, 
etc.,  of  street,  sidewalk,  or  sewer  im- 
provements.    20  L.R.A.  653. 

Implied  power  of  municipality  to  construct 
on  credit.     4  L.R.A. (N.S*)    746. 

Rights  of  laborers  or  materialmen  in  fund 
retained  pursuant  to  contract  for  pub- 
lic work  to  insure  payment  of  their 
claims.     37  L.R.A. (N.S.)   575. 

Right  of  subcontractor,  materialmen,  or 
laborer  to  maintain  action  on  con- 
tractor's bond  to  owner.  27  L.R.A. 
(N.S.)   573;  L.R.A.1915A,  768, 

Applicability  of  Workmen's  Compensation 
Acts  to  employee,  engaged  in  conscruct- 
ing.     L.R.A.1918F,  192. 

Proceeding  for,  as  a  civil  suit  within  stat- 
ute allowing  change  of  venue.  12  L.R.A. 
(N.S.)   900. 

Finality  of  decisions  pertaining  to  local  im- 
provements.    19  L.R.A. (N.S.)  382. 

Right  of  taxpayer,  in  absence  of  statute,  to 
enjoin  unlawful  expenditures  by  mu- 
nicipality on  highways.  36  L.R.A. 
(N.S.)    23. 

Duty  and  right  of  municipality  to  reim- 
burse public-service  corporation  for  ex- 
penses entailed  by  improvements  in 
street.     6  L.R.A.(N.S.)   1026. 

§  2.  Right  to  prevent  construction  of 
sidewalk. 

Right  of  abutting  owner  to  prevent  con- 
struction of  sidewalk  in  front  of  his 
property.     13  L.R.A.(N.S.)  1110. 

Right  of  municipality  to  prohibit  construc- 
tion of  sidewalk  by  abutting  owner  in 
front  of  his  property.  13  L.R.A. (N.S.) 
1113. 

§  3.  Petition  for  or  remonstrance 
against. 

Right  of  lessee  to  sign  petition  for  public 
improvements.    44  L.R.A. (N.S.)  696. 


1116 


INDEX  TO  L.E.A.  NOTES. 


PUBLIC   IMPROVEMENTS,   I.— cont'd 

Doctrine  of  equitable  conversion  as  aflFect- 
ing  one's  right  to  sign  consent  or  re- 
monstrance as  land  owner.  50  L.R.A. 
(N.S.)    32. 

Validity  of  private  agreement  with  certain 
property  owners  to  obtain  their  consent 
to  local  improvement.  50  L.R.A. (N.S.) 
396. 

Joining  in  petition  for  local  improvement  as 
estoppel  to  deny  benefits.  36  L.R.A. 
(N.S.)   41. 

Right  to  withdraw  names  from  petition  or 
remonstrance.  11  L.R.A.(N.S.)  372; 
35  L.R.A.(N.S.)   1113. 

§   4.  liiability  for  injury  by. 

Damages  to  property  from  improving  high- 
way, see  Highways,  §  47a. 

Damages  from  establishing  and  fixing  grade 
of  street,  see  Highways,  §§  50,  51. 

Liability  of  municipality  for  temporarily 
interfering  with  access  to  property  in 
making  improvements.  46  L.R.A. 
(N.S.)   620. 

Liability  of  county  for  injuries  to  real 
property  from.     39  L.R.A.  63. 

Intercepting  rights  in  subterranean  waters, 
by.     19  L.R.A.  94. 

II.  What  are. 

§   5.  Generally, 

Constrviction  and  operation  of  canals  as.  61 
L.R.A.  833. 

Rural  highway  as  a  local  improvement,  the 
cost  of  which  may  be  assessed  against 
tributary  property  upon  the  basis  of 
special  benefit.     40  L.R.A. (N.S.)    73. 

§   6.  Levees  as. 

Eminent  domain.     58  L.R.A.  757. 

Taxation.     58   L.R.A.   758. 

Duty  of  abutting  owner.     58  L.R.A.  759. 

Repair.     58  L.R.A.  759. 

Levee  districts.     58  L.R.A.  760. 

Other  matters.     58  L.R.A.  761. 

III.  Contracts  for. 

§   7.  Generally. 

Effect  of  indirect  interest  of  public  officer 
in  performance  of  contract  for  construc- 
tion of  public  improvement.  50  L.R.A. 
(N.S.)  1140. 

Validity  of  contract  for  material  patented 
or  held  in  monopoly  where  a  letting  to 
tlie  lowest  bidder  is  required.  46 
L.R.A.(N.S.)    990;    L.R.A.1197A,   442. 

Duty  of  street  railway  company  to  pave 
part  of  street  as  affecting  munici- 
pality's power  to  contract  for  paving 
entire   street.     48   L.R.A. (N.S.)    138. 

Sufficiency  of  specification  for  guidance  of 
bidder  for  public-  contract.  30  L.R.A. 
(N.S.)  214. 

Remedy  of  lowest  bidder  for  refusal  of  au- 
thorities to  award  contract  to  him. 
30  L.R.A. (N.S.)    126. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  construction  or 
repair  of   highway.     53   L.R.A.   49,   68. 


Begin  with  this  boolc  on  every  law  question. 


PUBLIC  IMPROVEMENTS,  III.— cont'd 
Right  of  owner  of  tradename  to  protection 
against  its  use  to  describe  character  of 
material  to  be  used  in  performing  a 
contract.  12  L.R.A.(N.S.)  339. 
Conclusiveness  as  between  municipality  and 
contractor  of  decision  of  engineer  or 
other  empowered  officer  as  to  matters 
concerning  contract  for  public  improve- 
ment.    23  L.R.A. (N.S.)    317. 

§  8.  Power  of  city  to  bind  contractor  to 
repair  pavement. 

Power  of  city  to  bind  contractor  to  repair 
pavement  which  he  makes.  44  L.R.A. 
527;  L.R.A.1915F,  854. 

§  9.  What  included  in  provision  for 
keeping  in  repair. 

What  conditions  or  defects  are  covered  by 
provision  in  paving  contract  requiring 
contractor  to  I<eep  pavement  in  repair. 
9  L.R.A.(N.S.)  154;  49  L.R.A.(N.S.) 
922. 

IV.  Assessments;   pdytnent    or   liability 
for  work  done. 

a.  In  general. 

%    10.  Generally. 

Assessments  for  drains  and  sewers,  see 
Drains  axd  Sewers,  §§  32-14. 

Estoppel   as   to,   see   Estoppel,    §    7. 

Lovenant  in  lease  as  to  payment  of  assess- 
ments, see  Landlord  and  Tenant,  § 
18a. 

Parties  plaintiff  in  actions  affecting,  see 
Pabtxes,  §  5. 

Assessment  or  nonassessment  of  property 
as  affecting  its  dedication  or  acceptance 
for  public  use.     L.R,A.1916B,  11 75. 

Power  of  municipality  to  assume  part  or 
all  of  burden  of  adapting  street  or 
bridges  for  use  of  railroads  or  street 
railways.     50  L.R.A. (N.S.)    143. 

Special  assessment  as  municipal  indebted- 
ness.    59  L,R.A.  618. 

Legislative  power  as  to  payment  for  public 
improvements.     48  L.R.A.  469. 

Delegation  by  city  council  of  power  with 
respect  to  pavement  assessment.  20 
L.R.A.  656. 

May  an  assessment  of  benefits  rest  upon 
prospective  action  in  completing  im- 
provement.    28  L.R.A.(N.S.)   669. 

Implied  right  to  interest  on  assessment.  6 
L.R.A.(N.S.)    694. 

Assessment  for  improvements  made  before 
property  was  included  within  the  im- 
provement district.  39  L.R.A.  (N.S.) 
543. 

Waiver  of  objection  tliat  assessment  ex- 
ceeds the  percentage  limited  by  charter 
or  statute.     38  L.R.A. (N.S.)   582. 

Location  of  improvement  as  affecting  lia- 
bility for  expense  thereof  on  division 
of  territory  of  municipality,  town,  or 
county.     39  L.R.A.  (N.S.)   290. 

Increase  in  proportion  of  assessment  im- 
posed on  propcrtv  as  impairment  of 
vested  rights.     8  L.R.A. (N.S.)    546. 


INDEX  TO  L.R.A.  NOTES. 


1117 


PUBLIC  IMPROVEMENTS,  IV.  a— cont'd 
Validity  of  assessment  as  affected  by  un- 
lawful invasion  of  property  rights. 
L.R.A.l!)ir)D.   772. 

§    11.  Assessment  as  a  tax. 

Special  assessment  as  tax.  3  L.R.A.  (N.S.) 
837. 

§    12.  Taxation   for   Improvements. 

(  oiiscription  of  labor  for  working  highway 
as  a  tax.     5  L.R.A. (N.S.)    1139. 

§  13.  Defects  in  work  as  defense  to 
assessment. 

In  general.    56  L.R.A.  905;  27  L.R.A. (N.S.) 

1086. 
A]»plication  to  street  assessments.  56  L.R.A. 

907. 
Ai)])lication    to    sidewalk    assessments.    56 

L.R.A.  918. 
Apj>!i(ation  to  sewer  assessments.   56  L.R.A. 

919. 
Application    to    drainage    assessments.      56 

L.R.A.  921. 
Application  to  assessments  for  water  mains. 

56  L.R.A.  922. 
Defective  or  improper  work  as  a  set-off  or 

counterclaim.     56  L.R.A.  922. 

§    13a.  lilen   for. 

Lien   for,   generally,   see  Liens,   §§    12,   16. 

Meclianics'  lien  for  sidewalks,  paving  or 
water  or  sewer  connections  in  street. 
42  L.R.A. (N.S.)   356. 

Distribution  of  award  in  condemnation  of 
land  subject  to  an  assessment  for  pub- 
lic improvements.  45  L.R.A.  (N.S.) 
451. 

ft.  Nature   of  Improvements. 

§    14.  Generally. 

What  constitutes  reconstruction,  as  dis- 
tinguished from  repair,  of  pave- 
ment.    44  L.R.A.  (N.S.)   690. 

May  cost  of  bridge  be  assessed  against 
property  benefited.  45  L.R.A. (N.S.) 
918. 

Assessment  for  cost  of  abolishing  grade 
crossings.     26  L.R.A.  95. 

Charging  expense  of  grading  for  sidewalk 
upon  abutting  owner.     28   L.R.A.  496. 

Power  to  compel  abutting  property  owner  to 
improve  or  care  for  space  between  side- 
walk and  curb.     38  L.R.A. (N.S.)    935. 

Power  to  improve  streets  for  park  purposes 
at  expense  of  abutting  owner.  32 
L.R.A.  (N.S.)   1056. 

Ri'jlit  to  use  public  funds  to  maintain  or 
improve  private  ways,  or  ways  dedi- 
cated to  public  but  never  accepted.  35 
L.R.A.(N.S.)   524. 

Power  to  assess  cost  of  improvements  for 
wharf  purposes  on  fee  owner.  5  L.R.A. 
(N.S.)    289. 

Power  to  fill  lowlands  at  expense  of  owner. 
30  L.R.A.(N.S.)    709. 

Laying  water  mains  at  expense  of  abutting 
property.    3  L.R.A. (N.S.)  817. 

Assessments  for  purchase  or  construction  of 
municipal  water  plant.     61  L.R.A.  52. 

For  drainage  ditches.    69  L.R.A.  810. 

Consult  also  L.B.A.  Digests  of  Cases, 


PUBLIC  IMPROVEMENTS,  IV.  b— cont'd 
For  drains  and  sewers.     60  L.R.A.  227. 

§  15.  Street  sprinkling,  lighting,  and 
sweeping. 

Right    to    impose   on    abutting   owners    the 

duty     or    expense     of     sprinkling, 

sweeping,   and   cleaning   streets   or 

sidewalks.      24    L.R.A.    412, 

Special    assessment    for    street    sprinkling 

18  L.R.A.(N.S.)   182. 
Power  to  improve  and  repair  streets  as  con- 
ferring   power    to    expend    money    for 
sprinkling.     5   L.R.A. (N.S.)    434. 
Power  to  compel  street  railway  to  sprinkle 

tracks.     30  L.R.A. (N.S.)    235. 
•Street  lighting  as  a  local  improvement  as- 
sessable    against     property     benefited. 
L.R.A.1917A,   1098. 

c.  Persons  and  property  liable;  exemp- 
tions. 

§    16.  Generally. 

For  assessments  for  drains  and  sewers,  see 
Drains  and  Skwers,  §  13. 

Covenant  in  lease  as  to  payment  of  assess- 
ments, see  Landlobd  and  Tenant,  § 
18a. 

Duty  of  life  tenant  as  to  assessments,  see 
Life  Tenants,  §  10. 

Assessments  on  rural  lands  within  limits 
of  municipality.     34  L.R.A.  200. 

Assessment  for,  on  highway.  44  L.R.A. 
(N.S.)   837. 

Assessment  against  cemetery  or  owners  ot 
lots  therein.    L.R.A.1918A,  157. 

Liability  of   liomestead.     L.K.A.1915E,  662. 

What  property  other  than  realty  may  be  as- 
sessed for  the  construction  and  mainte- 
nance  of  levees.     L.R.A.1917F,    1003. 

§    17.  State. 

Claims  against  state  for  work  on.  42  L.R.A. 
56. 

§  18.  — municipal  assessment  of  state 
property. 

Generally.  23  L.R.A.  807. 
Distinction  between   assessment  and  taxa- 
tion.   23  L.R.A.  807. 
Liability  to  assessment.     23  L.R.A.  808. 
Government  property.     23  L.R.A.  810. 

§   19.  Municipality. 

General  liability  of  municipality  which  is 
unable  or  has  failed  to  enforce  as- 
sessments for  local  improvements. 
32  L.R.A.(N.S.)   163. 
Cost  of,  as  indebtedness  within  debt  limit 
provision.       37      L.R.A.(N.S.)      1072; 
L.R.A.1917E,  443. 

§20.  Abutting  owner. 

For  what  improvements  liable,  see  supra,  §§ 
14,  15. 

Charging  burden  of  street  improvement  on 
abutting  lot  directly.     14  L.R.A.  758. 

Personal  liability  of  property  owner  to  pay 
assessments  for  local  improvements.  18 
L.R.A.(N.S.)  1259;  29  L.R.A.  (N.S.) 
770. 


1118 


INDEX  TO  L.R.A.  NOTES. 


PUBLIC  IMPROVEMENTS,  IV.   c— cont'd 
Assessment   of    cost    of    local    improvement 
made    under    municipal    authority    a- 
gainst  abutting  owner  who  had  made 
improvement  on  his  own  initiative.      22 
L.R.A.(N.S.)  877. 
EflFect  of  intervention  of  narrow  strip  owned 
by  third  person  between  the  street 
and  the  property  sought  to  be  as- 
sessed.    L.R.A.1916B,    1033. 

§   21.  Railroad  right  of  way. 

Generally.  28  L.RA.  249;  12  L.R.A.(N.S.) 
312;  40  L.R.A.(N.S.)   935. 

The  English  cases.     28  L.R.A.  249. 

Property  not  contiguous.     28  L.R.A.  249. 

Property  not  benefited.     28  L.R.A.  249. 

Property,  generally.     28  L.R.A.  250. 

Right  of  way  and  trackage.  28  L.R.A.  250; 
15  L.R.A.(N.S.)   487. 

Liability  to  assessments  for  drains  or  sew- 
ers.    L.R.A.1915A,  129. 

§   22.  Street  railway. 

In  general.  46  L.R.A.  193;  15  L.R.A.  (N.S.) 
487. 

Liability  of  company  on  the  ground  that  its 
proportv  and  franchises  are  property 
benefited.  46  L.R.A.  193;  15  L.R.A. 
(N.S.)   489. 

Liability  of  company  under  statute  author- 
izing assessment  of  "lands,"  "build- 
ings," etc.     46  L.R.A.  ]93. 

Liabilitv  for  pavements  laid  before  track. 
46  L.R.A.  194. 

Liability  after  removing  tracks.  46  L.R.A. 
195. 

Space  which  company  is  required  to  pave. 
46  L.R.A.  195. 

Liability  for  pavements  outside  of  track. 
46  L.R.A.  196. 

Liability  for  paving  at  street  intersections. 
46  L.R.A.  196. 

Liability  for  paving  streets  bordering  on 
neutral  ground  occupied  by  street  rail- 
way tracks.     46  L.R.A.  196. 

Effect  of  agreement  at  time  of  extending 
tracks.    46  L.R.A.  196. 

Exemption  from  assessment  on  payment  of 
license  fees.    46  L.R.A.  197. 

Extent  of  repairs;  repaving.    46  L.R.A.  197. 

Reflooring  bridge.    46  L.R.A.  199. 

Changing  method  of  staying  stringers.  46 
L.R.A.  199. 

Liability  for  preliminary  work.  46  L.R.A. 
199. 

Preliminary  notice  to  company.  46  L.R.A. 
199. 

Estoppel  of  company  to  deny  liability.  46 
L.R.A.  200. 

Amount  for  which  company  is  liable.  46 
L.R.A.  200. 

Liabilitv  of  company  for  worthless  pave- 
ment. 46  L.R.A.  200. 

Liability  of  company's  receiver.  46  L.R.A. 
201. 

Necessity  of  assessing  company.  46  L.R.A. 
201. 

When  street  is  paved  so  as  to  impose  on 
company  the  duty  to  repair  or  repave. 
46    L.R.A.    202. 


Begin  xcith,  this  hooTc  on  every  law  question. 


PUBLIC  IMPROVEMENTS,  IV.  c— cont'd 

Liability  of  company  where  city  is  to  fur- 
nish materials  used.     46  L.R.A.  202. 

Increasing  liability  of  company.  40  L.RA. 
202. 

By  whom  assessment  collected.  40  L.R.A.. 
203. 

Lien  for  assessment.    46  L.R.A.  203. 

When  duty  assumed  by  street  railway  to- 
repave  or  repair  arises.  43  L.R.A.. 
(N.S.)    463. 

Duty  of  street  railway  company  to  pave 
part  of  street  as  affecting  munici- 
pality's power  to  contract  for  paving 
entire  street.     48  L.R.A.  (N.S.)    138. 

Power  to  compel  street  railway  to  sprinkle 
tracks.     36  L.R.A. (N.S.)   235. 

§   23.  Exemptions. 

Exemption  from  taxes,  see  Taxes,  §§  14-38, 
95-100. 

Liability  to  local  assessments  for  benefits 
of  property  exempt  from  general 
taxation.  35  L.R.A.  33:  18  L.R.A. 
(N.S.)  451;  32  L.R.A. (N.S.)  303; 
44  (L.R.A.(N.S.)  57;  L.R.A.1916F^ 
864. 

From  liability  for  expense  of  drainage.  58 
L.R.A.  380. 

Exemption  from  tax  for  municipal  water 
supply.     61  L.R.A.  56. 

Right,  in  absence  of  statute,  to  exempt  prop- 
erty within  improvement  district 
from  special  assessment,  in  consid- 
eration of  acts  done  or  otluer  obli- 
gations assumed.  41  L.R.A.  (N.S. > 
781. 

d.  Rules  of  apportionment. 

§   24.  Generally. 

Apportionment  of  assessment  for  drains  and 

sewers.     60  L.R.A.  234. 
Validity  of  assessments  upon  abutting  prop- 
erty, made  by  charning  upon  each 
piece  the  cost  of  the  improvement 
in  front  of  it.     21  L.R.A.  503. 
Right  to  subdivide  private  owner's  land  for 
the   purpose   of   assessment   for    public 
improvements.      23    L.R.A. (N.S.)     405. 

§   25.  Frontage  tax. 

Assessments  for  improvements  bv  the  front- 
foot  rule.    17  L.R.A.  330:  28  L.R.A. 
(N.S.)    1124;    L.R.A.1917D,   372. 
Frontage    assessment    for    construction    of 

water  mains.     61  L.R.A.  54. 
Assessment  of  corner  lot.     50  L.R.A. (N.S.) 
922. 

§   2  6.  Benefits  to  property. 

Necessity  of  special  benefit  to  sustain  as- 
sessment for  local  improvement.  14 
L.R.A.  755. 

e.  Enforcement;   procedure;  priorities. 

§2  7.  Generally. 

For  drains  and  sewers,  see  Drains  axd- 
Seweks,  §  14. 

Limitation  of  action  to  enforce,  see  Limita- 
tion OF  Actions,  §  12. 


INDEX  TO  L.R.A.  NOTES. 


ino 


PUBLIC  IMPROVEMENTS,  IV.  e— cont'd 

Who  is  entitled  to  penalties  for  delay  in 
paving  improvement  assessment.  47 
L.R.A.(N.S.)   704. 

Who  entitled  to  notice  to  redeem  from  sale 
for  delinquent  special  assessment.  44 
L.R.A.(N.S.)    G77. 

Necessity  of  giving  mortgagee  or  other  lien- 
or  notice.     37   L.R.A.(N.S.)    558. 

Selection  of  interested  person  to  assess  bene- 
fits from  improvement.  16  L.R.A.  (N.S.) 
292. 

Right  of  property  owner  to  have  amount 
of  assessment  fixed  by  jurj'.  60  L.R.A. 
236. 

Removal  of  local  assessment  proceedings  be- 
cause of  separable  controversy.  5 
L.R.A.(N.S.)   77. 

Validity  of  statutory  provision  for  attor- 
ney's fees  in  proceedings  involving  col- 
lections of  taxes  or  special  assessments. 

28  L.R.A.(N.S.)    1062. 

§  28.  Personal  liability  to  pay  assess- 
iiieiit. 

Personal  liability  of  property  owner  to  pay 
assessments  for  local  improvements. 
35   L.R.A.   58:    18   L.R.A. (N.S.)    1259; 

29  L.R.A.(N.S.)  770. 

§   29.  Set-off. 

Right  of  setoff  or  a  counterclaim  in  action 
by  state.     33  L.R.A. (N.S.)    376. 

§   30.  Reassessment. 

Eflfect  of  running  a  limitation  since  orig- 
inal assessment  upon  a  reassessment 
order  because  of  invalidity  of  original. 
28  L.R.A.(N.S.)    735. 

General  liability  of  municipality  on  failure 
to  make  reassessment  after  failure  to 
enforce  assessment.  32  L.R.A.(N.S.) 
176. 

§   30a.  Liens;  priorities. 

For  paving  assessment.     46  L.R.A.  203. 
Liability    of    homestead    to    lien.      L.R.A. 
1915E,  662. 

§   31.  —priority  of  Hen. 

Priority  over  mortgage,  see  Mobtgage,  § 
38. 

Superiority  of  lien  of  local  assessment  over 
prior  lien.  35  L.R.A.  372;  30 
L.R.A.(N.S.)    761. 

Existence  of  lien  of  local  assessment  de- 
pends upon  legislative  enactment.  35 
L.R.A.  373. 

Existence  of  the  law  enables  the  lien  to 
dominate  the  land  itself,  regardless  of 
ownership.     35   L.R.A.   375. 

The  law  being  statutory,  compliance  with 
its  terms  is  necessary  and  sufficient.  35 
L.R.A.  375. 

Enactment  of  law  before  encumbrance  is 
notice  to  encumbrancers  of  priority  of 
subsequent  assessment.     35  L.R.A.  376. 

Enactment  of  law  after  encumbrance  makes 
priority  of  assessment  depend  upon  con- 
.stitiitional  control  of  retroactive  law. 
35  L.R.A.  377. 

Consult  also  L.R.A.  Digests  of  Cases. 


PUBLIC  IMPROVEMENTS,  IV.  e— cont'd 
i'rioritv  of  assessments  over  kindred  liens. 

35' L.R.A.   378. 
Exceptions    to    all    the    stated    rules.      35 

L.R.A.  378. 


PUBLIC  INSTITUTION. 

§    1.  Generally. 

Claim  by,  against  state.     42  L.R.A.  63. 

Officers  of,  as  public  officers.    17  L.R.A.  246. 

Applicablity  to,  of  Workmen's  Compensation 
Acts.     L.R.A.1918F,  190. 

Liability  of  county  for  personal  injury  due 
to  negligence  of  oificer  or  agent  at  coun- 
ty institution.     L.R.A. 191 6B,  1263. 

Liability  of  public,  or  officers  having  charge 
of  public  charitable  institution,  for  neg- 
ligence toward  inmate.    6  B.  R.  C.  652. 

§   2.  Residence  at. 

Residence  of  student  at,  for  purpose  of  vot- 
ing.    23  L.R.A.  215. 

Acquiring  residence  as  a  voter  while  an  in- 
mate of.     40  L.R.A. (N.S.)    168. 

Residence  of  inmate  of,  for  school  purposes. 
51  L.R.A.(>J.S.)   234. 


PUBLIC  LANDS. 


/.  In  general,  §§   1-3. 
II.  Grants  and  reservations  hy  United 
States  generally,   §§   4-6. 
III.  Disposal  through  land  department  f 
entry;  sale,  §§  7-19. 

I.  In  general. 

§   1.  Generally. 

Improvements  on,  see  infra,  §§  9,  10. 
Mines  on,  see  Mines,  II. 
Private    land    claim,    see    Private    Land 
Claim. 

Jurisdiction  of  state  courts  over  lands  of 
United  States.     17  L.R.A.  720. 

Question  as  to  land  titles  under  act  of  Con- 
gress as  Federal  question.  62  L.R.A. 
532. 

Mechanics'  liens  on.    35  L.R.A.  144. 

Appropriation  of  percolating  water  on  pub- 
lic lands.  30  L.R.A.  186;  21  L.R.A. 
(N.S.)   76. 

First  and  last  days  in  computing  time  for 
matters  relating  to.     49  L.R.A.  246. 

Applicability  of  state  community  property 
law  to  Veal  property  acquired  from 
Federal  government.  26  L.R.A. (N.S. ) 
1117. 

Statutes  legalizing  invalid  grants  by  county 
or  municipal  corporation.  27  L.R.A. 
696. 

§   2.  Fences  on. 

Erection  of  fences  so  as  to  interfere  with 
ingress  and  egress  to  and  from.  3 
L.R.A.(N.S.)    733. 

Injunction  against  obstruction  of,  bv  fences 
or  gates.     7  L.R.A. (N.S.)    84.  ' 


1120 


INDEX  TO  L.R.A.  NOTES. 


PUBLIC  LANDS,  I.— confd  I 

§   3.  Right  to  cut  timber  on.  | 

What   timber    is    within   the    statutes.      70  ! 
L.R.A.  874.  i 

Remedies    against   timber   trespassers.      70 ' 

L.R.A.  875. 
Trespasser's  title.     70  L.R.A.  879. 
Mistake.     70  L.R.A.  879. 
Right   to   cut   timber    as    affected    by    land 

grant.     70  L.R.A.  880. 
Homestead     and     pre-emption     land.       70  i 

L.R.A.  885.  I 

Title  relating  back  affecting  previous  tres-  ' 

pass.     70   L.R.A.   893.  1 

Rights   of   purchasers   not   having   acquired 

title.     70  L.R.A.  899. 
Licenses  and  permits.     70  L.R.A.  900. 
Timber  culture  acts.     70  L.R.A.  904. 
Mineral  lands.     70  L.R.A.  904. 
Cutting  timber  on  reservations.     70  L.R.A. 
909. 


II. 


Grants  and  reservations  hy  United 
States  generally. 


%  4.  Generally. 

How  far  title  to  islands  is  included  in  gov- 
ernment grants.     58  L.R.A.  675. 

Government  grant  bounded  by  nontidal  river 
as  carrying  title  to  land  thereunder. 
24  L.R.A.(N.S.)    1240. 

Location  of  mining  claim  on  agricultural 
grant.     7  L.R.A.  (N.S.)    798. 

%   5.  Grant  to  railroad. 

Location  of  mining  claim  on  railroad  aid 
grant.     7  L.R.A.  (N.S.)   801. 

Bight  to  cut  timber  on  public  land  as  af- 
fected by  grant  to  railroad.  70  LJI.A. 
880. 

§   6.  Forest  reservation. 

Location  of  mining  claim  on  forest  reser- 
vation.     7   L.R.A.  (N.S.)    804. 


III.  Disposal      through      land 
ment;  entry;  sale. 


depart' 


%    7.  Generally. 

Conclusiveness  of  decisions  or  findings  of 
the  Land  Department.  L.R.A.1918D, 
597. 

Duty  of  life  tenant  to  pay  assessments. 
32  L.R.A.  746. 

Property  granted  or  sold  by  reservation  of 
title  or  lien  in  favor  of  public,  as  sub- 
ject of  taxation.     35  L.R.A. (N.S.)   669. 

Possession  taken  under  mistaken  belief  that 
land  is  part  of  public  domain  as  ad- 
verse to  true  owner.  31  L.R.A. (N.S.) 
153. 

Rieht  as  affected  bv  parties  living  in  illicit 
relations.     36  *  L.R.A.  (N.S.)    840. 

Rights  and  liabilities  of  one  claiming  un- 
der final  certificate  in  event  of  its  can- 
celation.    L.R.A.1918E,  1002. 

S  8.  Highways  over. 

Establishment  of  highways  over  public  land 
subsequent  to  entry  thereon  by  one  who 
has  not  perfected  his  title.  24  L.R.A. 
(X.S.)   764. 

Begin  xcith,  this  hooTc  on  every  lair  question. 


PUBLIC  LANDS,  III.— cont'd 

Necessity  and  sufficiency  of  acceptance  of 
grant  of  right  of  way  over  public  land 
for  public  highway.  'L.R.A.1917A,  365. 

§   9.  Improvements;  crops. 

Taxation  of  public  land  claims  and  im- 
provements thereon.     15  L.R.A.  297. 

Plowing  and  cultivating  land  as  an  "im- 
provement."    20  L.R.A.  (N.S.)    378. 

§  10.  — right  of  one  wlio  buys,  or 
maives  lawful  entry  on,  to  crops  and 
improvements  placed  thereon  by 
another. 

Crops.     70   L.R.A.    799;    L.R.A.1918A,   557. 
Improvements.     70  L.R.A.  800. 
Removal  during  possession.     70  L.Rj\..  802. 
Relief  under  occupying  claimant,  and  simi- 
lar acts.     70  L.R.A.  803. 

§   11.  Sale  or  transfer  of  land  entered. 

Mortgage  on  homestead,  see  infra,  §  17. 

Prohibition  of  grant  as  including  lease. 
37  L.R.A.(N.S.)   686. 

Title  acquired  by  subsequent  grants  as  pass- 
ing under  quitclaim.  35  L.R.A.(N.S.) 
1188. 

§    12.  —inheritance  of. 

Inheritance  bv  alien  of  patented  lands.     31 

L.R.A.  180. 
Alien's  right   to   inherit   lands  granted   for 

military  services  and  colonization.     31 

L.R.A.  '180. 

§    13,  —devise  of. 

Right  of  entrvman  to  devise  claim  or  inter- 
est in  public  land.  34  L.R.A.(N.S.) 
397. 

§   14.  Liability  for  debts. 

Liability  of  claim  or  interest  in  public 
lands  for  debts  contracted  before 
issuance  of  patent.  34  L.R.A. 
(N.S.)  405. 

§15.  Pre-emption. 

Location  of  mining  claim  on  pre-emption 
grant.     7  L.R.A.  (N.S.)  798. 

§   16.  Homestead. 

Effect  of  the  contracting  or  dissolution  of 
marriage  after  the  initiation,  but  be- 
fore the  consummation,  of  right  under 
homestead  entry.     7  L.R.A. (N.S. )  967. 

Title,  for  purpose  of  insurance,  of  house 
on  government  land  under  homestead 
entry,  as  within  sole  and  unconditional 
ownership  clause  in  insurance  policy. 
8  L.R.A.(N.S.)    903. 

Right  of  homesteader  on  public  land,  be- 
fore receiving  patent,  to  recover  for  in- 
jury to  premises,  and  measure  of  dam- 
ages therefor.     17  L.R.A.(N.S.)  958. 

Location  of  mining  claim  on  homestead 
grant.     7  L.R.A. (N.S.)    798. 

Bight  to  preliminary  injunction  in  case  of 
contest  between  entrymcn  which  ^vouId 
have  effect  of  transferring  possession 
of  property  from  defendant  to  plain- 
tiff.     39    L.R.A.(N.S.)     34. 


INDEX  TO  L.R.A.  NOTES. 


1121 


PUBLIC   LANDS,   III.— cont'd 

Necessity  of  botli  residence  and  cultivation 
as  a  condition  of  a  patent  under  a  liome- 
stead  entrv  under  tlie  Federal  laws. 
42  L.R.A.lN.S.)   752. 

§    I".  — niortsage  on. 

Validity  of  nioitj^age  on  public  lands  exe- 
cuted by  claimant  under  homestead  acts 
prior  to  patent  or  iinal  proof.  6  L.R.A. 
(N.S.)   934:  L.R.A.1915B,  681. 

§    18.   Town  sites. 

Conclusiveness  of  decisions  of  the  Land  De- 
partment as  to  town  sites.  L.R.A. 
1918D,  621. 

Right  to  change  lot  lines  of  occupants  after 
entrv  under  the  townsite  act.  30 
L.R.A.  (N.S.)    183. 

Location  of  mining  claim  on.  7  L.R.A. 
(N.S.)    796: 

§    19.  Patents. 

Conclusiveness  of  decision  or  findings  of 
the  Land  Department  where  a  patent 
has  been  issued.  L.R.A.1918D,  597, 
610,  623,  627,  630. 

Conclusiveness  of  decision  of  the  Land  De- 
partment canceling  a  patent.  L.R.A. 
1918D,  634. 

For  lode  claims  after  issuance  of  placer 
patent.     50  L.R.A.  293. 

Use  of  fictitious  name  as  affecting  validity 
of  patent.     39  L.R.A.  424. 

Validity  of  contract  not  to  protest  against 
application  for  patent  to.  9  L.R.A. 
(N.S.)    529. 

Necessity  of  both  residence  and  cultivation 
as  condition  of  a  patent  under  home- 
stead entry.     42  L.R.A. (N.S.)    752. 

Presumption  as  to  time  of  alteration  in 
patent  to  land.     39  L.R.A.(N.S.)    104. 

♦-•-♦^ • 


PUBLIC    MOXEY. 

§    1.  Generally. 

Appropriation  of,  generally,  see  Appropria- 
tions. 

Necessity  and  requisites  of  appropriation 
of,  see  Appropriations,  §  2. 

Deposits  of,  in  bank,  see  Banks,  §  10. 

Loss  of.  by  bank  failure,  see  Banks,  §  16. 

Loan  of,  see  Loan,  §   6. 

As  to  use  of  school  funds,  see  Schools,  §  38. 

Keepers  of,  as  public  officers.  17  L.R.A. 
246. 

Charge  of  misuse  of,  against  officer  or  can- 
didate for  office  as  libel  or  slander. 
L.R.A.1918E,  29. 

Right  of  municipality  to  recover  back 
monej'  paid  out  in  violation  of  the 
Constitution.      13   L.R.A. (N.S.)    157. 

Right  to  recover  back  public  money  appro- 
priated to  sectarian  institution.  19 
L.R.A.  (N.S.)     171. 

Liability  of  public  officer  on  his  bond  for  in- 
terest received  on  public  money.  L.R.A. 
1918B,  811. 

Constitutionality  of  statute  releasing  pub- 
lic officer  or  his  surety  from  liability 
for  loss  of  public  fund.  41  L.R.A. 
(N.S.)    97. 

Consult  also  L.R.A.  Digests  of  Cases. 


71 


PUBLIC  MONEY— cont'd 

Larceny  by  making  or  procuring  fraudu- 
lent orders  on  public  funds.  32  L.R.A. 
(N.S.)    234. 

§    la.  Investment  of. 

Deposit  of  public  funds  in  bank  as  invest- 
ment within  statute  requiring  the  in- 
vestment of  sucii  funds.  50  L.R.A. 
(N.S.)    274. 

§   2.  Mandamus  to  compel  payment  of. 

See  Mandamus,  §  8. 

§  3.  Injunction  against  waste  or  il- 
legal use  of. 

Right  of  citizen  or  taxpayer  to  enjoin  waste 

or  unlawful  expenditure  of  state  funds. 

L.R.A.]  91 5D,  178. 
Right   of   taxpayer,   in   absence   of   statute, 

to  enjoin  donation  by  municipality.   36 

L.R.A.(N.S.)    13. 

§   4.  For  what  purposes  used. 

For  reward,  see  Reward,  §  2. 
Recovery  back  of  payment  made  for  goods 
purchased,  see  Sale,  §§  47,  52. 

In  general.     14  L.R.A.  474. 

Requiring  payment  from  inmate  as  affect- 
ing right  of  charitable  institution  to 
public  aid.  29  L.R.A.  (N.S.)  190; 
L.R.A.1917B,  782. 

Support  of  schools.     14  L.R.A.  474. 

Support  or  education  of  children  com- 
mitted to  sectarian  schools.  L.R.A. 
1918B,  210. 

Public  buildings,  parks,  and  improvements. 
14  L.R.A.  474. 

Celebrations;  public  entertainments.  14 
L.R.A.  475. 

Relief  or  loans  to  citizens.     14  L.R.A.  475. 

Protection  against  fire  or  disease.  14 
L.R.A.  476. 

Furnishing  soldiers.     14  L.R.A.  476. 

Expenses  relating  to  corporate  existence. 
14  L.R.A.  477. 

Payment  of  moral  obligations.  14  L.R.A. 
477. 

Aid  to  business  corporations  or  enterprises. 
14  L.R.A.  478. 

Aid  to  railroads.     14  L.R.A.  479. 

Rewards  for  criminals.     14  L.R.A.  480. 

Power  of  legislature  to  make  appropria- 
tion to  compensate  injured  militiaman. 
44   L.R.A.(N.S.)    83. 

Validity  of  pension  or  bounty  to  Con- 
federate soldiers.    45  L.R.A.llN.S.)  692. 

Constitutionality  of  statute  providing  for 
transportation  of  pupils  at  public  ex- 
pense.    50  L.R.A. (N.S.)    428. 

Power  of  municipal  corporation  or  govern- 
mental body  to  use  public  funds  to  pro- 
mote the  passage,  or  to  secur*  the  de- 
feat, of  a  law.     L.R.A.1917B,  358. 

Right  of  county  or  municipality  to  use  pub- 
lic funds  to  secure  the  retention,  or  lo- 
cation, of  a  state  institution  within  its 
limits.     L.R.A.1917E,  845. 

Power  of  municipality  to  assume  part  or 
all  of  burden  of  adapting  street  or 
bridges  for  use  of  railroads  or  street 
railways.     50  L.R.A. (N.S.)   143. 


1122 


INDEX  TO  L,R.A.  NOTES. 


PUBLIC  MONEY— cont'd 

Use  of  public  funds  to  pay  expense  incurred 
bv  officer  or  citizen  in  litigation. 
L.R.A.1916D.  92. 

For  expenses  of  legislative  committee  to 
attend  public  function.  1  L.R.A.  (N.S.) 
409. 

Expenses  incurred  by  public  officials  or  em- 
ployees in  attending  conventions,  etc., 
as  a  proper  charge  on  public  funds. 
L.R.A.1917E,  332. 

Use  of,  to  establish  drains  and  sewers.  60 
L.R.A.  226. 

Power  of  legislature  to  authorize  counties 
or  other  political  divisions  to  build, 
purchase,  or  operate  railroad  or  street 
railway  as  affected  by  restrictions  on 
power  to  aid  private  enterprises.  28 
L.R.A.(N.S.)  412. 

Use  of  public  fund  to  maintain  or  improve 
private  ways  or  wajs  dedicated  to  pub- 
lic but  never  accepted.  35  L.R.A. (N.S.) 
524. 

Right  to  use  public  funds  to  relieve  per- 
sons not  entirely  without  means  of 
their  own.     27  L.R.A.(N.S.)    1079. 

Validity  of  statute  providing  for  govern- 
mental assistance  of  individual  mem- 
bers of  certain  classes  of  unfortunate 
or  afflicted  persons.  7  L.R.A. (N.S.) 
1196. 

Right  of  state  to  authorize  or  direct  diver- 
sion of  county  funds  to  purpose  other 
than  that  for  which  collected.  L.R.A. 
1915D,  274. 

Construction  of  improvement  by  public  body 
with  option  to  private  concern  to  pur- 
chase as  violation  of  constitutional  pra 
vision  against  lending  credit.  L.R.A. 
1915B,  306. 


PUBLIC  MORALS. 

Municipal   control   over   nuisance   affecting, 
see  Municipal  Corporations,  §  40. 

Injunction  against  nuisances  affecting.     41 

L.R.A.  321. 
Right  of  municipality  to  revoke  license  to 

icarry  on  business  as  incident  to  duty 

to  prptect.     35  L.R.A.(N.S.)    718. 
Criminal   responsibility   of   corporation   for 

offenses  against.    '2  B.  R.  C.  249. 


^•» 


.n'»>.t4    'PtJBMC  OFFICERS. 

Sie  OFFICERS. 

-«-»> 


PUBLIC  PEACE. 


PUBLIC  PLACES. 

Grant  of  right  to  use  for  advertising  pur- 
poses.    9  L.R.A.(N.S.)    455. 


PUBLIC  POLICY. 


§   1.  Generally. 

Contracts  opposed  to,  see  Contracts,  IV,  a. 

Consolidation  of  parallel  or  competing  rail- 
roads as  against.     45  L.R.A.  272. 

Exemption  of  officer's  salary  on  ground!?  of. 
54  L.R.A.  568. 

As  related  to  communistic  life  or  tenure  of 
property.  8  L.R.A.(N.S.)  909;  52 
L.R.A.(N.S.)  459. 

In  relation  to  effect  of  homicide  on  devo- 
lution of  property.  3  L.K.A.  iN.S. ) 
726;  L.R.A.1915C,  329. 

In  relation  to  effect  of  murder  of  insured  by 
beneficiarv  on  right  to  proceeds  of 
policy.     L.R.A.1917B,  671. 

Claims  illegal  or  void  by  statute  or  public 
policv  as  subject  of  valid  compromise. 
25  l!r.A.(N.S.)   297. 

Lawfulness  of  boycott  by  other  than  labor 
union  when  violative  of  public  policy. 
33  L.R.A.(N.S.)    1034. 

Validity  from  standpoint  of,  of  provision 
in  will  for  forfeiture  of  interest  by 
contesting  benetieiarj-.     68  L.R.A.  447. 

Necessary  accordance  with,  in  enforcement 
of  general  bequest  for  charitv  or  re- 
ligion. 14  L.R.A. (N.S.)  71;  37  L.R.A. 
(N.S.)    998. 

Designation  as  beneficiary,  in  insurance 
policy  or  benefit  certificate,  of  one 
without  iiKurable  interest,  as  affected 
by  considerations  of.  16  L.R.A.(N.S. ) 
555. 


32 


Disorderly  language  as  disturbance  of. 

L.R.A. (N.S.)   505.  See  Printing,  §  2. 

Begin  with  this  hook  on  every  lava  question. 


As 


As 


2.  Effect  of,   on  enforcement  of   law 
of  other  state  or  country. 

to    law    governing    insurance    contract. 

63   L.R.A.   848;    23   L.R.A.(N.S.)    972; 

52  L.R.A.(N.S.)  277. 

to    action    for    death   or   bodily    injury 

under   law   of  other   state.     56  L.R.A. 

202. 

Aa  to  married  woman's  contract.    26  L.R.A. 
(N.S.)  774. 

Of  forum,  sale  of  intoxicati^ng  liquor  in  vio- 
lation of.     61  L.R.A.  429. 

As  to  right  of  nonresident  or  foreign  cor- 
poration to  sue.    70  L.R.A.  521. 

Laws  as  to  gambling  and  lottery  contracts. 
46  L.R.A.(N.S,)   650. 


PUBLIC  PRINTINt?. 


INDEX  TO  L.R.A.  NOTES. 


1123 


PUBLIC  PROPERTY. 

Mechanics'  lien  on,  see  Mechanics'  Liens, 

§  38. 
Liability   to   local   assessment,   see   Public 

Improvements,  §§  17-19,  23. 
School  property,  see  Schools,  §§  29,  30. 
Taxation  of,   see  Taxes,   §§  30-32. 
See  also  State  Institutions. 

Injunction  against  sale  of,  under  execution. 

30  L.R.A.   103. 
Mechanics'  liens  on.     35   L.R.A.   141. 
For  which  public  monej'  mav  be  used.     14 

L.R.A.  474. 
Property    leased    bv    public    as    subiect    to 

taxation.     35     L.R.A.  (N.S.)     167;     52 

L.R.A.(N.S.)  991. 
Diversion    of   property    donated   for    public 

library  to  other  uses.    45  L.R.A.  (N.S.) 

368. 

■ ♦•♦ 


PUBLIC  PROSECUTOR. 

See  District  and  Prosecuting  Attorney. 


^>» 

PUBLIC  PURPOSE. 

l-'or  which  property  may  be  condemned,  see 

Eminent  Domain,  §§  9-23. 
Manufacturing  as,  see  Manufacturer,  §  3. 

Liability  of  lessor  of  property  to  be  used 
for  a  public  purpose  for  personal  inju- 
ries to  third  persons.  L.R.A.1915B, 
364,  387. 


♦  •» 


PUBLIC  RECORDS. 

See  Records  and  Recording  Laws. 

» « » 

PUBLIC  RESORTS. 

Employer's  nonliability  for  acts  of  inde- 
pendent contractor  at  entertainments 
at.     65  L.R.A.  644. 


PUBLIC  SAFETY. 


Injunction  against  nuisance  affecting.     41 

L.R.A.  322. 
Municipal  regulation  of  nuisances  relating 

to.     38  L.R.A.  305. 


PUBI/IC    SALE. 


On  resale  of  goods  to  fix  damages  for  pur- 
chaser's refusal  to  accept.  42  L.R.A. 
(N.S.)   683. 

Consult  also  L.R.A.  Digests  of  Cases. 


PUBLIC  SCHOOLS. 


See  Schools. 


PUBLIC  SECURITIES. 

Bonds,  see  BoNfts,  III. 

General    exemption    of,    from    taxation    as 

comprehending  death  duties.   1  B.  R.  C. 

879. 
Personal  liability  of  a  trustee  for  losses  to 

trust  estate  from   investments   in.     44 

L.R.A.{N.S.)  887. 


PUBLIC   SERVICE   COMMISSION. 

Power  to  regulate  rates  of  carriers,  see  Cab- 
biers,   §   156. 

Regulation  by,  of  rates  generally,  see  Rates, 
§  2. 

Delegation  to  railroad  commission  of  pow- 
er to  regulate  carriers.  32  L.R.A. 
(N.S.)  639. 

PoAver  of  Public  Service  Commission  to  reg- 
ulate disposition  of  surplus  products. 
L.R.A.1918C,  680. 

Power  and  duty  of,  to  control  the  issuance 
of  securities  by  public  service  corpo- 
rations.    45  L.R.A. (N.S.)   629.  ' 

Power  of  commission  to  compel  production 
of  papers  and  records  for  inspection. 
L.R.A.1917F,  1202. 

Jurisdiction  of  Public  Utilities  Commission 
over  rates  as  limited  by  constitutional 
or  statutory  power  of  municipality  to 
regulate  utilities.     L.R.A.1918D,   315. 

Power  of  Public  Service  Commission  to  pre- 
scribe the  character  of  materials  for  de- 
pots.     L.R.A.1918C,    495. 

Decisions  and  orders  of,  as  to  regulation  of 
jitney  buses.  L.R.A.1915F,  845 ;  L.R.A. 
i918B,  916. 

Action  against,  as  action  against  the  state. 
44  L.R.A.(N.S.)   198. 

Right  to  appeal  to  court  from  decision  of. 
49  L.R.A. (N.S.)   565. 

Constitutionality  of  statute  empowering 
commission  to  determine  amount  of 
compensation  in  eminent  domain  pro- 
ceedings.    52  L.R.A. (N.S.)    850. 

Remedy  to  enforce  orders  of.  L.R.A.1918E, 
303. 


PUBLIC  SERVICE  CORPORATIONS. 

§   1.  Generally. 

Recovery  back  of  money  from,  see  As- 
sumpsit, §  7. 

Use  of  highway  by,  see  Highway^,  §§  21- 
32. 

Mandamus  to,  see  Mandamus,  §§  13rl5. 

Rates  charged  by,  see  Rates,  §  2.    .       ... 

For  irrigation  purposes,  see  Waters,  §§ 
92-97. 

For  supplying  water  generally,  see  Waters, 
III. 


1124 


INDEX  TO  L.R.A.  NOTES. 


PUBLIC      SERVICE      CORPORATIONS— 

cont'd 
See  also  Carbiees;   Eleotkicity;  Electbic 
Lights;  Gas;  Insurance;  Railuoads; 
Street  Railways;  Texegraphs;  Tele- 
phones;  Warehousemen;    Waters. 

Effect  of  rendering  incidental  service  to 
uieiubers  of  the  public  to  make  corpora- 
tion, otliervvise  private,  a  public  utility. 
L.R.A.1918A,  213. 

Cotton  ginning  as  a  business  affected  with  a 
public  interest.     L.R.A.1918A,  285. 

Pipe  line  companies  as  public  utilities. 
L.R.A.1918C,  855. 

Fire  insurance  as  a  business  affected  by 
public  interest.  29  L.R.A.{N.S.)  1195; 
L.R.A.1915C,  1189. 

Specific  performance  of  agreement  for  main- 
tenance of  license  on  land.  49  L.R.A. 
518. 

Recoverv  back  of  excessive  payments  to. 
18  "L.R-A.IN.S.)    124. 

Involuntarv  bankruptcy  proceedings  against. 
33  L.R.A.(N.S.)   454. 

Right  to  interfere  with  wires  of,  in  moving 
house  along  street.  14  L.R.A.{N.S.) 
448;  L.R.A.1917C,  774. 

Duty   and   right   of    municipality    to   reim- 
burse for  expenses  entailed  bv  improve- 
•       ment  in  street.     6  L.R.A.(N.S.)    1026. 

Does  taxation  of  business  or  occupation  of 
public-service  corporation  and  taxation 
of  its  franchise  or  right  to  occupy  the 
streets  amounts  to  double  taxation.  28 
L.R.A.(N.S.)    221. 

Power  to  require  public  service  corporation 
to  carry  municipal  wires  on  its  poles. 
32    L.R.A.(N.S.)    997. 

Right  of  public  service  corporation  to  clial- 
lenge  powers  or  privileges  of  rival. 
L.R.A.1916B,  1087. 

Compensation  to  be  paid  public  utility  com- 
pany upon  taking  its  plant.  47  L.R.A. 
(X.S.)    770. 

Requiring  connection  or  joint  use  of  prop- 
erties of  public  service  corporations  as 
a  taking  for  which  compensation  must 
be  made.  50  L.R.A.(N.S.)  (552;  L.R.A. 
1916E,  759;  L.R.A.1917E,  1083. 

Power  and  duty  of  public  authorities  to 
control  the  issuance  of  securities  by 
public  service  corporations.  45  L.R.A. 
(N.S.)    C29:   47  L.R.A. (N.S.)    1167. 

Force  permissible  in  resisting  or  aiding  the 
attempt  of  a  public  service  corporation 
to  plant  poles,  lay  tracks,  etc.  45 
L.R.A.(N.S.)   601. 

Lack  of,  or  invalidity  of  franchise  as  a  de- 
fense to  an  action  by  a  public  service 
corporation  for  service  rentals.  52 
L.R.A.(N.S.)   713. 

Incorporation  of  territory  into  municipality 
as  affecting  existing  contract  of  public 
service  corporation  to  supply  a  com- 
modity or  service  in  that  territory. 
L.R.A.1916A,  1071. 

Power  of  public  to  determine  capacity  and 
suitableness  of  particular  officer,  agent 
or  employee  of  corporation  whose  busi- 
ness is  affected  with  a  public  interest. 
L.R.A.1915E,  708. 


PUBLIC      SERVICE      CORPORATIONS— 

cont'd 
Duty  of  purchaser  of  public  utility  franchise 
or  property  to  carry  out  franchise  obli- 
gations   as    to    service.      L.R.A.1918A, 
266. 

§    2.  Rights  and  powers  of. 

Right  of  appropriator  of  water  for  distri- 
bution to  the  piiblic  to  grant  exclusive 
or  preferential  risiits  to  the  individual. 
29  L.R.A. (N.S.)  '213. 

Right  of  public-service  corporation  per- 
forming two  distinct  kinds  of  service 
to  refuse  to  furnisli  one  without  the 
other.     33  L.R.A. (N.S.)    1078. 

Validity  of  contract  bv  public  service  cor- 
poration for  exclusive  right  of  way 
across  private  property.  36  L.R.A. 
(N.S.)   456. 

Federal  courts  following  state  decisions  as 
to.     40   L.R.A.(N.S.)    443. 

§  3.  — as  to  prompt  payment  of  ren- 
tals. 

Discrimination  by  requiring  payment  of 
rental  in  advance.  31  L.R.A. (N.S.) 
315. 

Reasonableness  of  regulation  requiring  pay- 
ment of  rentals  in  advance.  19  L.R.A. 
(N.S.)   693;  31  L.R.A. (N.S.)   319. 

Right  of  public  service  corporation  to  im- 
pose penalty  or  added  amount  for 
failure  to  pay  service  bills  promptly. 
31  L.R.A.  (N.S.)  329;  43  L.R.A.  (N.S.) 
63. 

Right  to  discontinue  service  after  tender  of 
amount  due.     L.R.A.1917C,  376. 

§   4.  liiabilities  of. 

See  also  Carriers  ;  Electric  Lights  ;  Gas  ; 
Insurance;  Railroads;  Street  Rail- 
ways ;  Telegraphs  ;  Telephones  ; 
Warehousemen  ;    Waters. 

Duty  to  serve  public  as  fiffecting  liability 
of  public  utility  for  temporary  inter- 
ference with  water  rights.  L.R.A. 
1915E,  294. 

Liability  of,  for  frightening  horses  by  con- 
struction apparatus  in  street.  28 
L.R.A.  (N.S.)    942. 

Continued  duty  and  liability  of  public  serv- 
ice corporation  to  members  of  public 
after  conveyance  to  foreign  corporation 
incapable  of  taking  title.  33  L.R.A. 
(N.S.)   362. 

Validity  of  contract  making  public  service 
corporation's  liability  to  municipality 
dependent  upon  the  continuance  of  its 
franchise  without  competition.  21 
L.R.A.(N.S.)   214. 

Federal  courts  following  state  decisions 
as  to.     40  L.R.A.(N.S.)   443. 

§  5.  Valuation  of  property  of. 

Fundamental  principles  of  valuation  of  pub- 
lic service  property.  L.R.A.1916F, 
599. 

Treatment  of  overhead  charges  in  public 
service  property  valuations.  48 
L.R.A.(N.S.)  1037. 


Begin  with  this  ttooh  on  every  law  question. 


INDEX  TO  L.K.A.  NOTES. 


1125 


PUBLIC  SERVICE  CORPORATIONS— 
cont'd 

Treatment  of  franchises,  water  riglits,  and 
miscellaneous  intangibles  in  public 
service  property  valuations.  48 
L.R.A.{N.S.)     1063. 

Treatment  of  going  concern  '"value"  in  pub- 
lic service  property  valuations.  48 
L.R.A.(N.S.)    1092. 

Treatment  of  good  will  in  public  service 
property  valuations.  48  L.R.A. 
(N.S.)    1146. 

Valuation  of  public-utility  lands.  48  L.R.A. 
(N.S.)    1196. 

Special  problems  in  respect  to  the  treat- 
ment of  appreciation,  in  public 
service  property  valuations.  51 
L.R.A.  (N.S.)    7. 

Allowance  for  depreciation  in  plant  in  fixing 
rates.    38  L.R.A. (N.S.)  1209. 

Treatment  of  accrued  depreciation  in  valu- 
ation of  public  service  property. 
L.R.A.lOlCr,  761. 

§   6.  Return. 

What  constitutes  the  return  of  a  public 
service  corporation  for  rate-mak- 
ing purposes.     52  L.R.A. (N.S.)   15, 

Returns  to  which  public  service  corporations 
are  entitled.     L.R.A.1915A,  5. 


PUBLIC  SPEECH. 

Copyright  in  report  of.     2  B.  R.  C.  335. 


PUBLIC    TRIAL. 

See  Criminal  Law,  §  44. 


PUBLIC  URINALS. 

Injunction   against,  when  constituting  nui- 
sance.    23   L.R.A.   303. 


PUBLIC   USE. 


Dedication  of  property  for,  see  Dedication. 

Condemnation  of  property  devoted  to,  see 
Eminent  Domain,  §§  7,  8. 

Taking  of  propertv  for,  see  Eminent  Do- 
main,   §§   9-23. 


PUBLIC  USER. 


As   acceptance   of    dedication,    see   Dedica- 
tion, §  7. 


PUBLIC    UTILITIES. 

In   gei)eral,  see  Public   Service   Cobpoba- 

TIONS. 
Consult  also  L.R.A.  nigcsts  f^f  Cases. 


PUBLIC  UTILITIES— cont'd 

Heating  service  as.     37   L.R.A. (N.S.)    510. 

What  are,  within  statute  permitting  mu- 
nicipality to  exceed  debt  limit  for  pur- 
chase or  repair  of.  31  L.R.A. (N.S.) 
556. 

Right  of  municipality  to  secure,  by  piece- 
meal to  avoid  constitutional  debt  limit. 
12  L.R.A.(N.S.)    433. 


PUBLIC    WATER    SUPPLY. 

See  Waters,  III. 


PUBLIC  WORKS. 


Right  of  subcontractors,  laborers,  and  ma- 
terialmen on  bond  of  contractor  for 
public  work,  see  Bonds,  §§  9,  10. 

Prohibiting  or  restricting  employment  of 
aliens  on.     L.R.A.] 916D,   569.' 

Validity  of  statute,  ordinance,  or  contract 
fixing  minimum  wage  for  person  em- 
ployed on  public  work.  51  L.R.A. 
(N.S.)    686. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  construction  or 
repair  of.     53  L.R.A.  49. 

Constitutionality  of  statutes  requiring 
work  incident  to  public  contract  to  be 
done  in  state  or  a  local  division  there- 
of.    41  L.R.A. (M.S.)    711. 


PUBLISHERS. 


\'a]idiiy  of  restrictive  agreement  on  sale  of 
publishing  business.  24  L.R.A. (N.S.) 
931;  L.R.A.1916C,  632. 


PUBLISHING. 


Of  forged  instrument,  see  Forgery. 

As   a  manufacturing  business.     64   L.R.A. 
62. 


■♦•♦ 


PUFFING. 

As  a  fraud.     35  L.R.A.  418. 


PULLMAN   CAR  COMPANY. 

See  Cabbiebs,  §§  96,  97. 

♦<-♦ • 

PUMPING  PLANT. 

Mechanics'  lien  on.    42  L.R.A. (N.S;)  355. 


1126 


INDEX  TO  L.R.A.  NOTES. 


PUNCHES. 

Master's  liability  for  injury  by  defect  in. 
13  L.R.A.(N.S.)  676;  51  L.R.A.(N.S.) 
337. 


PUNISHMENT. 


For  assault  and  batterj',  see  Assault  and 

Battery,  §  35. 
In  bastardy  proceedings,  see  Bastardy,  §  5. 
For  contempt,  see  Contempt,  §§  10-13. 
For    crime    generally,    see    Criminal    Law, 

VI. 
Of  fraud,  see  Fraud  and  Deceit,  §  35. 
For  gambling,  see  Gaming,  §  8. 
For  homicide,  see  Homicide,  §  35. 
For  oflFenses  as  to  intoxicating  liquors,  see 

Intoxicating  Liquors,  §  35. 
For  larceny,  see  Larceny,  §  12. 
For  maintaining  nuisance,  see  Nuisances, 

§   31. 
For  robbery,  see  Robbery,  §  7. 
Homicide     by     excessive     punishment,     see 

Homicide,  §  9. 
Of  child,  see  Parent  and  Child,  §  20. 
Of  scholar,  see  Schools,  §§  21,  22. 


PUNITIVE  DAMAGES. 

See  Damages,  §§  13-19. 


PUPlIiS. 


See  Schools. 


PURCHASE    MONEY. 

§   1.  Generally. 

Injunction  against  collection  of,  when  title 
is  defective,  see  Injunction,  §  45. 

For  liquors,  liability  for,  see  Intoxicating 
Liquors,  §  40. 

At  judicial  sale,  abatement  or  return  of, 
see  Judicial  Sale,  §  15. 

On  sale  of  chattels,  see  Sale,  §§  45-47,  60. 

Abatement  from,  in  action  for  specific  per- 
formance, see  Specific  Performance, 
§28. 

Usury  in  interest  on  deferred  payments  of, 
see  Usury,  §  7. 

For  land,  see  Vendor  and  Purchaser,  §§ 
10-13. 

Reservation  of  title  to  property  as  affecting 
negotiability  of  note  for  purchase  price. 
43  L.R.A.(N.S.)    945. 

Tender  of  purchase  money  for  real  estate  by 
partner.     28  L.R.A.  105. 

Usury  in  deferred  payments  of.  27  L.R.A. 
565. 

Possession  of  partner  advancing  for  partner- 
ship real  estate.    28  L.R.A.  103. 


PURCHASE  MONEY— cont'd 

Effect  of  ward's  retention  of,  to  cure  failure 
to  require  bond  of  guardian.  33  L.R.A. 
763. 

Effect  of  refusal  to  accept  on  real  estate 
broker's  right  to  commissions.  43 
L.R.A.  604. 

Negotiability  of  note  for,  as  affected  by 
reservation  of  title  of  property.  43 
L.R.A.  277. 

Failure  of  consideration  as  ground  for  in- 
iunction  against  judgment  for.  31 
L.R.A.  748. 

Effect  of  refusal  to  execute  purchase-money 
notes  to  give  seller  an  immediate  right 
of  action.      12   L.R.A.  (N.S.)    180. 

Effect  of  defendant's  mistake  of  fact  as  to 
the  right  to  specific  performance  of  con- 
tract induced  thereby.  15  L.R.A. (N.S.) 
87. 

Right  of  purchaser  of  land  at  judicial  sale 
to  abatement  of  purchase  price  for  de- 
ficiency in  quantity.  28  L.R.A. (N.S.) 
303. 

Sale  with  particular  description  of  kind  or 
quality  as  warranty  or  condition  pre- 
cedent wliere  purchase  price  is  paid  be- 
fore opportunity  to  inspect.  35  L.R.A. 
(N.S.)    273. 

Effect  of  mistake  or  misunderstanding  as  to, 
in  contract  for  sale  of  personalty.  32 
L.R.A.(N.S.)    433. 

Right  of  customer  who  has  advanced  pur- 
chase money  to  broker  or  factor  to 
preference  in  case  of  insolvency  prior 
to  making  of  purchase.  42  L.R.A. 
(N.S.)    95. 

§  2.  Payment  of. 

Payable  in  instalments,   see  Instalments, 

^  §  3. 
Medium  of  payment  of,  see  PAYME^fT,  §  11. 
For    land,    see    Vendor    and    Purchaser. 
§§  10-13. 

Necessity  for  immediate  payment  on  tax 
■    sale.     33  L.R.A.  481. 

Of  purchase  price  of  timber  conveyed  with- 
out conveying  title  to  the  land.  55 
L.R.A.  520. 

Right  of  purchasers  of,  or  creditors  levying 
on,  goods  sold  for  cash  but  delivered 
without  payment.  13  L.R.A.  (N.S.) 
697;  29  L.R.A. (N.S.)  709;  47  L.R.A. 
(N.S.)   173. 

Right  of  vendee  to  specific  performance  of 
contract  for  payment  of  purchase  price 
where  vendor  is  unable  to  convey  a  good 
and  unencumbered  title.  10  L.R.A. 
(N.S.)    117;   38  L.R.A. (N.S.)    1195. 

Tender  of  deed  or  abstract  of  title  as  con- 
dition of  enforcing  forfeiture  for  ven- 
dee's failure  to  pay  last  instalment  of 
purchase  money.     28  L.R.A. (N.S.)   956. 

Necessity  of  specifying  time  of  payment  of, 
in  contract  or  memorandum  for  sale  of 
real  property.    33  L.R.A.(N.S.)  84. 

§   3.  —duty  to  see  to  application  of. 

Duty  of  purchaser  from  insolvent  to  see  to 
application  of  purchase  price  to  debts. 
32  L.R.A.  65. 


Begin  uHth  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1127 


PURCHASE  MONEY— cont'd 

Duty  of  purchaser  from  conditional  vendee 
with  right  to  resoll  to  see  that  latter'a 
vendor  is  paid.    2G  L.R.A.  (N.S.)  585. 

Duty  of  one  purchasing  from  trustees  under 
testamentary  trust  for  payment  ol 
debts  to  see  to  application  of.  5  L.R.A. 
(N.S.)    370. 

Liability  of  purchaser  from  partnership  to 
see' to  application  of.     28  L.R.A.  174. 

§   4.  Recovery  back  or  return  of. 

Recovery  of  purchase  price  of  property  sold 
for*  unlawful  purpose,  see  Contbacts, 
§   114. 

Recovery  back  of  purchase  money  for  land, 
see  Vendor  a^jd  Purchaser,  §  14. 

Liability  of  execution  creditor  for  return  of 
purchase  price  on  failure  of  title  to 
property  sold  on  execution.  36  L.R.A. 
(N.S.)   1218. 

§  5.  Ijien  for. 

Lien  of  seller  of  personalty,  see  Sale,  §  GO. 
Lien  of  vendor  of  land  for,  see  Vendor  and 
Purchaser,  §§  30-35. 

.\faritirae  lien  for.     70  L.R.A.  417. 

Is  money  loaned  to  improve  land  part  of 
purchase  price  within  rule  that  a  pur- 
chase money  lien  takes  priority  over 
homestead  rights.    41  L.R.A. (N.S.)   89. 

U(jmestead  exemption  as  against  claim  for 
money  loaned  by  third  person  to  pay 
off  existing  purchase  money  obligation. 
L.R.A.1915E,  875. 

§    6.  Mortgage  for. 

What  is,  see  Mortgage,  §  12. 

Effect  of  statutoi-y  bar  of  action  for  pur- 
chase money  on  right  to  enforce  lien 
where  vendor  takes  mortgage  which 
shows  that  it  is  given  for  the  purchase 
money.     39  L.R.A. (N.S.)    1176. 

Transfer  of  purchase  money  obligation  as 
affecting  reservation  of  title  on  condi- 
tional sale.     37   L.R.A.(N.S.)    7L 

Dower  in  land  subject  to  purchase  money 
mortgage.     52  L.R.A. (N.S.)   540. 

]]omestea!d  exemption  as  against  claim  for 
money  loaned  by  third  person  to  pay 
off  existing  purchase  monev  mortgage. 
L.R.A.1915E,  875. 

Right  of  mortgagor  giving  purchase  money 
mortgage,  or  those  claiming  under  him, 
to  set  up  outstanding  title  or  to  ac- 
quire outstanding  title  to  defeat  the 
mortgage.    L.R.A.1918B,  738. 

§   7.  —  priority  of. 

Mortgage  to  secure  purchase  money  ad- 
vanced to  purchase  property,  as  a  pur- 
chase monev  mortgage  not  subject  to 
homestead  rights.    40  L.R.A. (N.S.)  275. 

Priority  of  later  mechanic's  lien  over.  14 
L.R.A.  307. 

8   8.  Chattel  mortgage  for. 

Validity  of  chattel  mortgage  of  stock  of 
merchandise  to  secure  purchase  price 
as  affected  by  provision  or  agreement 
giving  mortgagor  possession  with  power 
of  sale.     36  L.R.A. (N.S.)    1191. 

Consult  also  L.R.A.  Digests  of  Cases. 


PURCHASE  MONEY— cont'd 
§   9.  Defense  to  action   for. 

Failure  of  consideration  as  defense  to  action 
on  note  for.  39  L.R.A. (N.S.)  938; 
L.R.A.1918A,  1055. 

Breach  of  parol  warranty  as  defense  to  ac- 
tion between  original  parties  on  note 
for  purchase  price  of  chattel.  28 
L.R.A. (N.S.)    267. 

What  misrepresentations  as  to  books  sold 
will  constitute  a  defense  to  an  action 
for  their  purchase  price.  22  L.R.A. 
(N.S.)    1210. 


PURCHASE  MONEY  MORTGAGE. 

See  Purchase  Money,  §§  6,  7. 


PURCHASING  AGENT. 

Rights  of  agent  who  purchases  for  an  ex- 
ecutor or  administrator  at  the  latter's 
own  sale.     L.R.A.1918B,  42. 


PURE  FOOD  AND  DRUGS  ACT. 

See  Drugs  and  DRtrooiSTS;   Food. 


PURPOSE. 


Motive,  see  Motive. 

For   which    property   may   be    taken    under 

power  of  eminent  domain,  see  Eminent 

Domain,  II.  d. 
For  which  public  money  may  be  used,  see 

Public  Money,  §  4. 
For  which  taxes  may  be  levied,  see  Taxes, 

§  13. 

Beneficent  purpose  as  excuse  or  justifica- 
tion of  combination  to  raise  price  of 
commodity.     51  L.RA.(N.S.)   244. 

Stockholder's  right  to  inspect  books  as  af- 
fected bv.  45  L.R.A.  461;  20  L.R.A. 
(N.S.)   3  86. 

^•♦i 


PURVEYING. 

As  a  manufacturing  business.   64  L.R.A.  64. 

. ♦-•-♦ 


PUSHING. 

Proximate  cause  of  injury  where  one  person 
is  pushed  against  another.  L.R.A. 
1917E,  275. 


1128 


INDEX  TO  L.R.A.  NOTES. 


PUTATIVE  FATHER. 

Effect  of  attempt  by,  to  appoint  guardian 
for  child  against  surviving  mother.  13 
L.R.A.(X.S.)    294. 


PUZZLE. 


Giving  prize  for  composition,  or  solution  of 
puzzle,  as  lottery.     6  B.  R.  C.  780. 


QUAE  IPSO  USU  CONSUMUNTUR. 

Effect  of  bequest  for  life  of  chattels  con- 
sumable in  the  use.  16  L.R.A.(N.S.) 
483. 


QUALIFICATION. 


Of  voter;?,  see  Elections,  I. 

Of  grand  jurors,  see  Grand  Jury,   §  3. 

Of  appraisers  of  insurance  loss,  see  Insur- 
ance, §   152b. 

Of  person  licensed  to  sell  liquor,  see  In- 
toxicating Liquors,  §  12. 

Of  judge,  see  Judges,  §§  3,  4. 

Of  juror,  see  Jury,  §§   11-14. 

Of  justice  of  the  peace,  see  Justice  of  the 
■  Peace,  §  2. 

Of  officers,  see  Officers.  §§  4-9. 

Of  teachers,  see  Schools,  §  15. 

Of  witnesses,  see  Witnesses,  §§  9-25. 

Effect  of  disqualification  of  members  of 
tribunal  of  mutual  benefit  society  sus- 
pending or  expelling  a  member  on  con- 
clusiveness    of     decision.       52     L.R.A. 

(N.S.)   809. 


QUALIFIED  LIMITATIONS. 

Under   rule    in    Shellev's    Case.     29    L.R.A. 
(X.S.)    1077,  1121,  1126,  1152. 


QUALIFIED   PRIVILEGE. 

As  to  libel  or  slander,  see  Libel  and  Slan- 
der, §§  22-30. 

As  to  information  given  by  master  affect- 
ing character  or  reputation  of  serv- 
ant.    4   L.R.A.  (N.S.)    1105. 


QUALITY. 

Breach  of  warranty  as  to,  see  Sale,  §§  33- 

36,  54. 
Of  land  sold,  see  Vendor  and  Purchaser, 

§§  19-21. 

Statement  of,   i 
436. 


fraud.     35  L.R.A,  419, 


QUALITY— cont'd 

Duty  of   water  company   as  to  quality  of 

water   furnished.      61   L.R.A.   87. 
Relief  from  purchase  at  auction  on  ground 

of  mistake  as  to.    34  L.R.A.(N.S.)  930. 
Effect    of    delivery    to    carrier    on    buyer's 

right   to   reject   goods   for   lack   of.      8 

L.R.A.(N.S.)    1167. 
Police   regulations   prescribing   standard   of 

quality   of  milk.     1   L.R.A.  (N.S.)    918. 
Parol    evidence    that   parties    to    a    written 

contract   which   merely   names   a   class 

or    species    contemplated    a    particular 

quality.     9  L.R.A.(N.S.)   967. 


QUANTITY. 


Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  700. 
Admissibility  of  memoranda  on  check  stubs 

as    memoranda    of.      42    L.R.A. (N.S.) 

729. 
Statements   as   to,   as   a   fraud.     35   L.R.A. 

419,  438. 
Right  to  rely  on  representations  as  to.     37 

L.R.A.  610. 
Purchaser's   right   to   relv    on   sellor's   esti- 
mate of.    17  L.R.A. (X.S.)  419. 
Effect  of  misrepresentation  as  to  quantity 

of    goods    bv    shipper    on    his    right    to 

recover  for 'loss.     23  L.R.A.  (N.S J    745. 
Limitation  as   to  quantity   of  water  power 

granted.     67  L.R.A.  395. 
Duty  of  water  company  as  to  quantity  of 

water   furnished.     61    L.R.A.   87. 
Effect  of  mistake  of  fact  by   defendant   as 

to,  on  right  to  specific  performance  of 

contract   induced   bv   the   mistake.      15 

L.R.A.(N.S.)    82. 
Relief  from  purchase  at  auction  on  ground 

of    mistake    as    to.      34    L.R.A.(N.S.) 

928. 


Befiin   irith  this  hooTc  on  evei'y  law  question. 


QUANTUM    MERUIT. 

Recovery,  on,  generally,  see  Contracts,  §§ 
129,  137,  138.  , 

Recovery  on  quantum  meruit  by  party  to 
ultra  vires  contract  with  corporation. 
L.R.A.1917A,  1028,  1036. 

Right  of  broker  securing  purchaser  for  part 
of  the  property  to  recover  on  quantum 
meruit.     51  L.R.A.  (N.S.)    258. 


INDEX  TO  L.K.A.  NOTES. 


1129 


QUARANTINE. 

Duty  and  liability  of  carrier  as  to,  see  Cab- 
RIERS,  §  44. 

Of  human  beings,  see  Health,  §  9. 

Delegation  by  legislature  of  power  as  to 
quarantining  cattle.  32  L.R.A.(N.S.) 
651. 

Validity  and  construction  of  statutory 
regulations  as  to  quarantine  of  infect- 
ed animals.     43  L.R.A.(X.S.)    1074. 


QUARRY. 

§    1.  Generally. 

Persons  operating,  as  independent  contract- 
ors.    65  L.R.A.  467,  488. 

Right  of  municipal  corporation  to  main- 
tain. 31  L.R.A. (N.S.)  122;  51  L.R.A. 
(N.S.)   1145. 

Power  of  municipality  to  prohibit  the  open- 
ing or  working  o'f.    2  L.R.A.(N.S.)  796. 

Liability  of  municipality  for  tort  in  con- 
nection with  quarry  worked  by  it.  38 
L.R.A.  (X.S.)    281. 

§   2.  Injury  to   servant  in. 

Foreman  supervising  work  in,  as  vice  prin- 
cipal.    51   L.R.A.    533,   555. 

Servants  in,  as  fellow  servants.  50  L.R.A. 
437,  461. 

Imputing  to  master  coservant's  negligence 
in  respect  to  dangers  in.  54  L.R.A. 
138. 

Servant's  assumption  of  risk  from  changing 
condition  of  excavations  in,  during 
progress  of  work.    19  L.R.A. (N.S.)  356. 


QUASHING. 


Of   indictment,    see   Indictment,    Infobma- 
TioN,  AND  Complaint,  §  29. 


QUASI  PUBLIC  CORPORATIONS. 

Injunction  against  sale  of  property  of.     30 

L.R.A.  104. 
Execution  or  judicial  sale   of  franchise   or 

propcrtv   necessary   for   its   enjovment. 

20  L.R.A.  737;  31  L.R.A.  637. 


QUASI    PUBLIC    PROPERTY. 

Liability  of,  to  local  assessment.    35  L.R.A. 
39;*  44  L.R.A.(N.S.)  57. 


QUASI  PUBLIC  PURPOSE. 

Right  to  transfer  or  mortgage  privilege  to 
use  street  for.  47  L.R.A.  87;  L.R.A. 
1917D,  707. 

Contittlt  also  L.R.A.  Digests  of  Cases 


QUAY. 


See  Wharves. 


QUESTION  FOR  COURT. 

See  Trial,  III. 


QUESTION   OF   FACT. 

See  Tbial,  III. 


QUIA  TIMET. 


Efifect  of  remedy  at  law  on  jurisdiction  by 
bill   quia   timet.     12   L.R.A. (N.S.)    53. 


QUIET  ENJOYMENT. 

Covenant  for,  see  Covenants,  §  12,  31-33. 


QUIETING  TITLE. 

See  Cloud  on  Title. 


QUITCLAIM  DEED. 

§    1.  Generally. 

Right  of  grantee  in  possession  under,  to 
question  grantor's  right  to  purchase 
money.     21  L.R.A. (N.S.)    385. 

§   2.  Rights  of  purchaser  by. 

Right  of  holder  of  quitclaim  to  protection 
against   latent  equities.     29  L.R.A.  33. 

Right  of  purchasers  by  quitclaim  to  in- 
junction against  collection  of  purchase 
money,  where  title  to  land  is  defective. 
7  L.R.A. (N.S.)   458. 

Right  to  question  the  validity  of  a  mort- 
gage on  land  purchased.  L.R.A.1917C, 
839. 

Precedence  as  between  quitclaim  deed  and 
senior  uni-ecordcd  deed.  12  L.R.A. 
(N.S.)    240;   26  L.R.A.  (N.S.)    159. 

§   3.  Effect  of. 

Effect  of,  in  otherwise  perfect  record  title, 
see  Records  and  Recobding  Laws,   § 

15. 

§4.—  on  after-acquired  title. 

General  rule.     35  L.R.A. (N.S.)    1182. 
Designation  of  particular  interest  or  estate. 

35   L.R.A.(N.S.)    1184. 
Covenants   in   quitclaim.     35   L.R.A. (N.S.) 

1185. 
Completion  or  confirmation  of  interest  pass- 
ing   under    quitclaim.      35    L.R.A. 
(N.S.)    1188. 


1130 


INDEX  TO  L.R.A.  NOTES. 


QUITCLAIM  DEED— cont'd 
Effect  of   statutes.     35   L.R.A.(N.S.)    1192. 
Character    of    deed    as    a    quitclaim.      35 
L.R.A.(N.S.)    1193. 


§   5.  Adverse  possession  under. 

Possession  under  quitclaim  deed  by  one  of 
several  tenants  as  adverse  to  cotenant. 
32   L.R.A.(N.S.)    708. 

As  color  of  title  for  adverse  possession.  4 
L.R.A.(N.S.)    776. 


QUORUM. 


Presuipption  and  burden  of  proof  as  to,  see 

Evidence,  §  58. 
At  stockholders'  meeting,  see  Corpobatioxs, 

§  126. 
In  general,  see  Parliamentary  Law,  §  3. 


QUOTATIOXS. 


Communication  naming;  price  as  a  quota- 
tion, or  an  offer  to  sell.    3  B.  R.  C.  229. 

Mandamus  to  compel  delivery  of  market 
quotations  to  bucket  shop.  3  L.R.A, 
(N.S.)    153. 

Property  right  in  market  quotations.  7 
L.R.A.(N.S.)    889. 

In  newspaper  as  evidence  of  value.  16 
L.R.A.(N.S.)    758. 


QUOTED    PRICE. 


Effect  of  retention  of  goods  after  notice  of 
mistake  in.,   15  L.R.A. (N.S.)  368, 


QUO  WARRANTO. 

§    1.  Generally. 

Right  to  remove  to  a  Federal  court  a  quo 
warranto  proceeding  against  a  foreign 
corporation.     L.R.A.1918D,   857. 

§   2.  Jurisdiction. 

Original  jurisdiction  of  court  of  last  re- 
sort, see  Courts,  §  30. 

§  3.  When  proper  remedy. 

To  inquire  into  validity  of  drainage  assess- 
ment.    60  L.R.A.  243. 

Right  to  maintain  quo  warranto  proceed- 
ings for  vindication  of  private  rights. 
22  L.R.A. (N.S.)    810. 

Provision  for  testing  election  of  city  officer 
before  city  council  or  other  municipal 
bodv  as  exclusive  of  quo  warranto. 
26  L.R.A.(N.S.)    208. 

Quo  warranto  to  test  validity  of  liquor 
license.     24  L.R.A.(N.S.)   555. 

§  4.  — corporate  matters. 

Quo  warranto,  or  information  in  nature  of 
quo  warranto,  to  test  title  to  office 
in  private  corporation.  51  L.R.A. 
(N.S.)   1126. 

To  oust  foreign  association  from  exercise 
of  corporate  function.     24  L.R.A.  295. 

Against  corporations  for  making  illegal 
charges  in  the  course  of  authorized 
business.     63  L.R.A.  761. 

§   5.  Who  entitled  to  maintain. 

Who  may  maintain  quo  warranto  to  test 
validity  of  organization  of  municipal 
corporation  or  political  subdivision  of 
state.     21  L.R.A.(N.S.)   685. 

As  matter  of  right  by  attorney  general  or 
district  attorney.     1  L.R.A. (N.S.)   826. 

Scope  of  discretion  of  public  prosecutor 
with  respect  to  institution  of  proceed- 
ings in  nature  of  quo  warranto.  15 
L.R.A. (N.S.)    603. 

§   6.  Right  to  jury  in. 

Right  to  jury  in  quo  warranto  proceedings. 
24  L.R.A.  806;  24  L.R.A. (N.S.)   639. 


R 


RACCOON. 

Liability   for   injurv   bv. 
379. 


52   L.R.A.(N.S.) 


RACE. 

§    1.  Division  of  manlvind. 

Civil    rights   of    different    races, 
Rights. 

See  also  Indians;   Negroes;   Race  Segre- 
gation. 


see    CrviL 


RACE— cont'd 

Validity  and  enforceability  of  contract  or 
covenant  in  relation  to  real  property 
which  discriminates  against  persons  be- 
cause of  race.     L.R.A.1916B,  1208. 

Of  delinquent  fellow  servant  as  tending  to 
show  negligence  of  master.  48  L.R.A. 
379. 

§  2.  Contest  or  game. 

Horse  race,  see  Horse  Race. 

Illegal  intent  of  prosecutor  as  affecting 
guilt  of  obtaining  propertv  bv  fake 
race.     17   L.R.A. (^.S.)    276! 


Begin  with  tJiis  took,  on  every  law  question. 


INDEX  TO  L.E.A.  NOTES. 


1131 


RACE— cont'd 

Larceny  by  fraudulent  race  or  game.  1 
L.R.A.(N.S.)  862;  20  L.E.A.(^.S.) 
1164;   42  L.R.A.(N.S.)    735. 

Intention  to  participate  in  fraudulent  race 
as  ail'ecting  riglit  of  one  who  was  him- 
self defrauded.    5  L.R.A.(N.S.)  906. 

Municipal   liability  for   failure  to  prevent.  ' 
23  L.R.A.{N.S.)    641;   42  L.E.A.{N.S.) 
862. 

§    3.   Mill   race. 

Passing  of,  by  grant  of  water  power.  67 
L.U.A.  386. 

Creation  of  easement  to  use  of  mill  race 
by  convevance  of  mill.  26  L.R.A.  (N.S.) 
3.j9;  L.R.A.1915C,  352. 

Duty  to  maintain  bridge  over  race  way  in- 
tersecting highway.  31  L.R.A.  (N.S.) 
243.' 


RAGS. 

Power  to  regulate  traffic  in.  24  L.R.A.  (N.S.) 
1168. 


RAILING. 


RACE  PREJUDICE. 

Libel  or  slander  where  "sting"  is  due  to 
race  prejudice  or  antagonism.  L.R.A. 
1916E,  679. 


RACE    SEGREGATION. 

Separation  of  white  or  colored  passengers, 
see  Cakriebs,  §  43. 

Validity  of  segregation  statute  or  ordinance 
prohibiting  persons  of  different  race  or 
color  from  living  in  same  locality.  47 
L.R.4.(N.S.)  1087;  L.R.A.1915D,  684; 
L.R.A.1918C,  220. 


RACE  WAY, 


See  Race,  §  3. 


RADIATORS. 

As  part  of  realty.     1  B.  R.  C.  972. 


RAFTS. 

Right  to  use  stream   for  rafting  logs,  see 
Logs  and  Logging,  §§  4-10, 


RAFTSMEN. 


Right  of  third  persons  claiming  under  rafts- 
men to  assert  title  as  against  owner. 
25  L.R.A.(N.S.)    781. 

ConsttU  also  L.R.A.  Digests  of  Cases. 


At  dangerous  places  in  highway,  see  High- 
ways, §  73. 


RAILROAD  AID. 


In  general,  see  Railboads,  §  26. 

Bonds  for,  see  Bonds,  §  20. 

Grant  of  land  for,  see  Public  Lands,  §  6. 


RAILROAD-AID  GRANT. 

See  Public  Lands,  §  5. 


See  Cabs. 


RAILROAD  CARS. 


^•» 


RAILROAD  COMMISSIONERS. 

See  Public  Service  Commission. 


■♦♦» 


RAILROAD   HAZARD. 

Wliat  is  within  statutes  abolishing  fellow- 
servant  rule.  '  18  L.R.A.  (N.S.)  478; 
22  L.R.A. (N.S.)  969;  47  L.R.A. (N.S.) 
113. 

♦-•-♦ 


RAILROAD   RELIEF  ASSOCIATION. 

See  Relief  Associations. 

♦■•-♦ 


RAILROADS. 


II. 


In  general,  §§  1,  8. 
Franchises     and    charter    rights; 
powers  generally;  motive  power ^ 
§§  3-5. 
III.  Lease;    license;   consolidatiqn,    §§ 

6-11. 
IV.  Property;     right     of     way;     liens; 
mortgages;  taxes,  §§  12-22. 
V.  Location;  relocation,  §  23. 
VI.  Cqnstruction,     maintenance,     and 
equipment,  §§  24:-42. 
In  general,  §§  24,  25. 
Aid  in  construction,  §26. 
Depots  and  stations;  bridges,' 
§§  27,  28. 


a. 
b. 
c. 


1132 


INDEX  TO  L.R.A.  NOTES. 


RAILROADS,  VI.— cont'd  RAILROADS,  I.— cont'd 

d.  Crossings;  cattle  guards,  §§    Injunction  against,  see  Injuxctiox,  §§  66, 


31-34: 

c.  Sidings,  spur  tracTts,  and 
lateral  roads,  §§  35,  36. 

f.  Fences;  gates,  §§  37-41. 

g.  Diversion    or   obstruction    of 

water,   §   42. 
VII.  Operation,  §§  43-87. 

a.  Duty    and    liability    of    rail- 

road  company,    §§    43- 
7S. 

1.  In  general,  §§  43-43. 

2.  Liability    generally,     §§ 

46-50. 

3.  Liability  for  injuries  to 

children,  §   51. 
4:.  Injuries  to  persons  on  or 

near  traclx,  §§  52-57. 
3.  Accidents     at     crossing, 
§§    58-70. 

(a)  In  general,  §§  58- 

65. 

(b)  Signals,       §§      66- 

69. 

(c)  Flagmen;       safety 

gates,    §    70. 

6.  Speed,   §§   71,   72. 

7.  Injuries   to   anitnals,    §§ 

73-76. 

8.  Fires,    §§    77,    78. 

b.  Contributory  negligence,    §§ 

79-80. 

1.  In  general,  §   79. 

2.  Persons      on      or      near 

trade,  §  80. 

3.  At  ci'ossing,    §§   81-84. 
3 i.  Injuries    to    minors,     § 

84a. 

4.  Injuries    to    animals,    § 

85. 

5.  As  to  fires,  §  86. 

C.  Criminal  liability  of  tJiird 
persons  for  obstructing 
tracit,   §87. 


I.  In   general. 

§    1.  Generally. 

Electric  railways,  see  Electric  Railways. 

Elevated  railroads,  see  Elevated  Rail- 
roads. 

Interurban  railroads,  see  Interurbax  Rail- 
roads. 

Private  railroads,   see  Private  Railroads, 

Street  railways,   see  Street  Railways. 

Terminal  railways,  see  Terminal  Rail- 
ways. 

As  common  carrier,  see  Carriers. 

Compulsory  connection  with  sidetracks,  see 
Carriers,  §  149. 

Delegation  of  power  as  to,  see  Constitu- 
tional Law,  §  17. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  142. 

Validity  of  contracts  with  railroad  com- 
pany, see  Contracts,  §  95. 

Exercise  of  power  of  eminent  domain  by, 
see  Eminent  Domain. 

Taking  railroad  property  for  other  public 
purpose,  see  Eminent  Domain,  §  8. 

Begin   u-ith  this  book,  on  every  law  question. 


67. 
Laying  out  highway  across,  see  Highways, 

Use  and  obstruction  of  highway  by,  see 
Highways,  IV.  e. 

Lighting  of  streets  and  bridges  by  railroad 
company,  sec  Highways,  §  55. 

Liability  for  injury  by  defective  condition 
of  highwav  crossing,  see  Highways, 
§  88. 

Municipal  liability  for  injury  by  acts  or 
omissions  of  railroad  company,  see 
Highways,  §  6.3. 

Income  of  railroad  company,  see  Income, 
§  4. 

Mandamus  against  railroad  company,  see 
Mandamus,  §  15. 

Employees  of,  gencrallj-,  see  Master  and 
Servant. 

Fellow  servants  of  employees  of,  see  Mas- 
ter AND  Servant,  III.  d. 

L'nlawful  combination  of,  see  Monopoly 
AND  Combinations,  §  7. 

Liabilitv  for  nuisance,  see  Nuisances, 
§  19. 

Railroad  commission,  see  Railroad  Com- 
mission. 

Receiver  for,  generally,  see  Receivers. 

Liabilitv  of  receiver,  see  Receivers,  ^§  ]5- 
21.' 

Sertice  of  process  on,  see  Writ  and  Proc- 
ess, II.  c. 

Authority  of  officer  or  agent  of  railway  com- 
panv  to  contract  for  services  of  other 
persons.     L.R.A.191SF,  60-65. 

Right  to  place  on  private  right  of.  way. 
L.R.A.1918A,  263.     ■ 

Temporary  railroad  as  violation  of  cove- 
nant against  offensive  trade  or  busi- 
ness.    9  L.R.A.(N.S.)    ]039. 

Use  for  railroad  purposes  of  squares,  parks 
or  commons  as  a  diversion.  25  L.R.A. 
(N.S.)   980;  50  L.R.A.  (N,S.)   465. 

Right  of  railroad,  constructively  liable  for 
tort,  to  contribution  or  indemnity  from 
one  actuallv  responsible  for  its  commis- 
sion.   40  L*.R.A.(N.S.)   1149. 

Railroad  policemen  as  public  officers.  36 
L.R.A.  (N.S.)    882. 

Street  or  interurban  railway  as  witliin 
statute  abrogating  fellow-servant  rule. 
17  L.R.A. (N.S.)    117. 

Constitutionality  of  statute  imposing  pen- 
alty or  added  liabilitv  for  failure  to 
pav  claim.  42  L.R.A.  (N.S.)  102; 
L.R.A.1917B,    929. 

Requiring  connection  or  joint  use  of  prop- 
erties of  railroad  companies  as  a  tak- 
ing for  which  compensation  must  be 
made.  50  L.R.A.(N.S.)  652;  L.R.A. 
1916E,  759;  L.R.A.1917E.  1083. 

Full   crew   acts.     49   L.R.A. (N.S,)    977. 

Existence  of  railroad  right  of  way  across 
land  at  time  of  convevance  as  broach 
of  covenants.     48  L.R.A. (N.S.)   619. 

Right  of  owner  or  lessee  of  mineral  in  place 
to  use  surface  for  construction  of  rail- 
roads or  tramways.  48  L.R.A. (N.S.) 
886. 


INDEX  TO  L.R.A.  NOTES. 


1133 


RAILROADS,  I.— confd 
§   2.  Foreign  companies. 

Service  of  process  on,  see  Writ  and  Pboc- 
ESS,  II.  c.  2. 

Right  of  foreign  railroad  conipauies  in 
state.     24  L.K.A.  313. 

Locality  of  jurisdiction  of  state  court  in 
counties  in  wiiich  foreign  railroads  ex- 
tend.    70  L.R.A.  696. 

II.  Franchises      tind      charter      rights; 
powers  generally ;  motive  power. 

§   3,  Generally. 

Franchise  for  railroad  in  street,  see  High- 
ways, §§  20-32. 

Treatment  of  franchises  in  valuation  of 
property  of.     48  L.R.A.  (N.S.)    1063. 

Nature  of  railroad  franchise.     60  L.R.A.  36. 

What  is  within  charter  power  to  build  lat- 
eral railroad.     32  L.R.A. (N.S.)   326. 

Privilege  of  using  street  as  a  contract  with- 
in constitutional  provision  against  im- 
.  pairing  obligation  of  contracts.  50 
L.R.A.  143.  ^ 

§   4.  Powers  of,  genei-ally. 

Right    of    railroad    company    to    challenge 

powers  or   privileges   of   rival.     L.R.A. 

19 J  OB,  1087. 
Right  of  railroad  company  to  guarantee  the 

securities  of  another  railroad  company. 

L.R.A.19i8D,  175. 
Implied  power  of  railroad  to  engage  in  or 

guarantee  enterprise  other  than  trans- 

jjortation    of    goods    or    passengers.      2 

L.R.A.  (N.S.)      887;      38     L.R.A.  (N.S.) 

830. 
Right  of  railroad  to  contract  for  the  use  of 

its   cars   for   advertising   purposes.     24 

L.R.A.  (N.S.)    1010. 

§   5.  Motive  power. 

What  motive  power  may  be  used.  2  L.R.A. 
(N.S.)   138. 


III.  Lease;    license;    consolidation. 

§   6.  Lease. 

Lease   of   parallel    or   competing   railroads. 

45  L.R.A.  274. 
Service  of  process  on  servant  or  agent  of 

lessee.     4  L.R.A. (N.S.)   272. 

§   7.  —liability  of  parties  to. 

Liability  of  lessor  of  railroad  for  injuries 
caused  by  negligence  of  lessee.  44 
L.R.A.  737 ;  L.R.A.1918E,  255. 

Duty  of  lessee  of  railroad  as  to  condition 
of  track.     6  L.R.A. (N.S.)    787. 

Liability  of  railroad  lessee  to  its  servant 
for  condition  of  track.  6  L.R.A.  (N.S.) 
787. 

Duty  of  lessee  as  to  railroad  fences.  L.R.A. 
1917A,  539. 

Consult  also  L.R.A.  Digests  of  Cases. 


RAILROADS,  III.— cont'd 
§  8.  Liability  in  case  of  license  or  com- 
mon use  of  property. 

Liability  of  railroad  for  injuries  caused  by 
negliganco     of     another     company 
using  the  road  under  a  license  or 
other  contract.     L.R.A.1918E,  255. 
Injuries  to  passengers.     44  L.R.A.  737; 
30  L.R.A. (N.S.)  887;  L.R.A.1918E, 
257. 
Liability  of  licensee  to  its  servant  for  con- 
dition of  track.     0  L.R.A. (N.S.)    787. 
Duty    of    licensee    as    to    railroad    fences. 

'L.R.A.1917A,  539. 
Liability    to   servants   where   two   or   more 
railway  companies  use  same  tracks  or 
station  grounds.     46  L.R.A.  102. 
Liability    of    railroad    company    for    negli- 
gence of  an  employee  wiiile  running  on 
file   road   of   another   company,   subject 
to  the  order  of  the  latter's  train  des- 
patcher.     22  L.R.A. (N.S.)   323. 
Liability   of   railroad   for   fires   set   6ut   by 
engines  of  otlier  company  permitted  to 
use   its   road.      10   L.R.A.  (N.S.)    1175; 
L.R.A.1918A,  940. 

§   9.  Combinations;- consolidation. 

Authority  of  railroads  to  consolidate.  5 
L.R.A.  726.* 

g    10.  —restrictions  on  right. 

Restrictions  on  consolidation  of  parallel  or 
competing  railroads.  45  L.R.A. 
271. 

§    11.  — liability  in  case  of. 

Liability  of  consolidated  company  for  debts 
of  its  predecessor.     23  L.R.A.  231. 

Liability  of  lessor  of  railroad  for  injuries 
by  negligence  of  another  company  using 
road  under  ineffectual  attempt  to  con- 
solidate.    44  L.R.A.  753. 

Liability  of  one  railroad  corporation  pos- 
sessing stock  control  of  another  for 
acts  and  contracts  of  the  latter.  35 
L.R.A.(N.S.)   770. 


IV.  Property;  right  of  way;  liens; 
mortgages;    taxes. 

§    12.  Property  generally. 

Valuation  of  property  of,  see  Public  Sebv- 

ICE    COBPOHATIONS,    §    5. 

Effect  of  language  in  deed  indicating  that 
land  is  to  be  used  for  railroad  pur- 
poses. 19  L.R.A.  266;  L.R.A.1918B, 
700. 

Appurtenances  to  railroads.    15  L.R.A.  653. 

Right  of  foreign  corporations  to  own  land 
in  state.     24  L.R.A.  326. 

Location  of  railroad  property  as  affecting 
insui-ance  thereon.     26  L.R.A.  242. 

Right  to  dower  in  lands  purchased  by  rail- 
road comp.?ny.    29  L.R.A. (N.S.)  726. 

§13.  Nature  of  railroad  property. 

Nature  of  railroad,  whether  real  estate  or 
personal  property.     66  L.R.A.  33. 


1134 


INDEX  TO  L.R.A.  NOTES. 


RAILROADS,  IV.— conVd 

§    14.  Sale  or  transfer  of  property. 

Validity  of  sale  of  real  estate  by  railroad 
corporation.     25   L.R.A.   139. 

Injunction  against  execution  sale  of  prop- 
S  erty  of.     30  L.R.A.  304. 

Attacliment  or  garnishment  of  foreign  rail- 
road cars.  64  L.R.A.  501 ;  L.R.A.1915D, 
838. 

Preliminary  injunction  whicli  would  have 
effect  of  transferring  possession  of 
property  from  one  to  another  of  two 
companies  contesting  right  to  property. 
39  L.R.A.(N.S.)   33. 

§    15.  Right  of  way. 

.For  siding  or  spur  track,  see  infra,  §  36. 

Taking  lands  of,  under  power  of  eminent  do- 
main, see  Eminent  Domain. 

As  additional  burden  upon  easement,  and 
injury  to  property  abutting  on  high- 
^vay,   see   Eminent  Domain. 

Adverse  possession  of  right  of  way,  see  Ad- 
\t:bse  Possession,  §  11. 

Use  and  obstruction  of  highway  by  railroad, 
see  Highways,  §§  26-32. 

Rights  and  liabilities  as  against  abutting 
owner  where  railroad  constructed  in 
highway,  see  Highways,  §  27. 

Liability  for  improvement  assessment,  see 
Public  Improvements,  §  21. 

Pass  issued  as  part  of  consideration  for 
right  of  way  as  within  statute  prohibit- 
ing free  transportation  of  passengers  or 
discrimination  in  passenger  rates. 
L.R.A.1918B,  1117. 
■     Partition  of.    39  L.R.A.  (N.S.)  538. 

Adverse  possession  of.     2  L.R.A. (N.S.)   272. 

Condemnation  or  grant  of  land  for  right  of 
way  as  carrying  right  to  lateral  and 
subjacent  support.  32  L.RA.  (N.S.) 
155. 

Right  of  reversion  on  abandonment  of  road 
deeded  to  railroad  company.  1  L.R.A. 
(N.S.)   806. 

Acquisition  of  prescriptive  right  of  way 
across.  35  L.R.A. (N.S.)  190;  4S  L.R.A. 
(N.S.)    903. 

Contract  exempting  railroad  company  from 
liability  for  burning  building  placed 
upon  its  right  of  way  under  lease  or  by 
permission  of  company.  44  L.R.A. 
(N.S.)   1127. 

Liability  of  railx-oad  company  to  one  other 
than  an  employee,  injured  be- 
cause of  defects  in  track  or  road- 
bed, while  walking  along  track. 
L.R.A.1916E,  461. 

§    16.  —how  obtained. 

Acquisition  of  right  of  way  by  exercise  of 
eminent    domain,     see    Eminent     Do- 

1IA.IN« 

§  17.  — uses  to  which  right  of  way 
may  be  devoted. 

Tel^raph  right  of  way,  see  Telegbap^s, 
§  2. 

General  principles.    36  L.R.A. (N.S.)   513. 
Particular  uses.     36  L.R.A.(N.S.)    516. 


RAILROADS,  IV.--cont'd 

English  cases.     36  L.R.A.(N.S.)   521. 

Power  to  authorize  construction  of  tele- 
graph or  telephone  line  along  railroad 
right  of  way  without  compensation  to 
railroad  company.  29  L.R.A. (N.S.)  703. 

Right  to  carry  wires  across  railroad. 
L.R.4.IOI5B,  823. 

Measure  of  damages  for  right  of  way  for 
telegraph  or  telephone  line  on  railroad 
right  of  way.  26  L.R.A.  (N.S.)  191; 
L.R.A.1916E,  582. 

§    18.  — as   encumbrance. 

Effect  of  purchaser's  knowledge  of  railroad 
right  of  way  in  action  for  breach  ol 
covenant  against  encumbrances.  4 
L.R.A. (N.S.)   318. 

Railroad  right  of  way  across  land  at  time 
of  conveyance  as  breach  of  covenant. 
30  L.R.A.(N.S.)   843. 

§    19."  Liens. 

Food  furnished  contractor  for  employees 
and  teams  as  material  giving  lien  on 
railroad.     35  L.R.A. (N.S.)   509. 

Vendor's  lien  for  purchase  price  of  rail- 
road rails.     66  L.R.A.  44. 

Priority  of  claims  against  property  of,  in 
hands  of  receiver  over  recorded  liens. 
2  L.R.A.(N.S.)   1015. 

§   20.  Mortgage. 

Effect  of,  on  rails  and  other  permanent  fix- 
tures annexed  after  execution.  66 
L.R.A.  44. 

Jurisdiction  to  order  foreclosure  sale  in  dif- 
ferent states.  32  L.R.A.  208 :  69  L.R.A. 
682. 

§21.  Taxes. 

Nature  of  property  for  purpose  of.  15 
L.R.A.  298;  66  L.R.A.  51. 

Franchise  tax  on,  as  interference  with  Fed- 
eral agency.     57  L.R.A.  55. 

Effect  of  commerce  clause  of  Federal  Con- 
stitution.    60  L.R.A.  687. 

Taxation  of  receipts  of  railroad  company. 
57  L.R.A.  64. 

Situs  of  railroad  rolling  stock  for  purposes 
of  taxation.     69  L.R.A.  445. 

Principal  office  of,  as  doraicil  for  tax  pur- 
poses.    69  L.R.A.  436. 

§  2  2.  Assessments  for  local  improve- 
ments. 

See  Public  Impbovements,  §  21. 


T.  Location;  relocation. 

§   23.  Generally. 

Validitj-  of  contract  made  to  influence  loca- 
tion of  railroad.     21  L.R.A. (N.S.)   800. 

Validity  of  contract  to  pay  an  officer  of  a 
railroad  company  for  his  own  benefit, 
conditioned  on  specified  location  of  the 
road.  6  L.R.A. (N.S.)  524;  25  L.R.A. 
(N.S.)   967. 

Right  to  relocate  railroad.     36  L.R.A.  510. 


Begin  with  this  hooTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1135 


RAILROADS— cont'd 

VI.  C'otiatvttction,  muintenancef  and 
equipment, 

a.  In   general. 

§    24.   Generally. 

Condition  for  construction  Avitliin  specified 
time,  see  CoxDixioxs,  §  9. 

Validity  of  contract  which  contemplates 
the  turning  over  by  a  railroad  company 
to  a  construction  company  of  bonds 
and  stocks  of  the  former  of  a  par  value 
in  excess  of  the  cost  of  construction.  13 
L.R.A.  (N.S.)   191. 

Prescriptive  right  to  maintain.  53  L.R:A. 
900. 

Specific  performance  of  agreement  for  main- 
tenance of  railroad  on  land.  49  L.R.A. 
518. 

Right  of  state  to  require  railroad  company 
to  equip  its  road.  13  L.R.A.  (N.S.) 
320. 

Compelling  completion  of  road.  24  L.R.A. 
.')(JG;  L.R.A.1918E,  321. 

Allowance  of  interest  on  damages  to  prop- 
ertv  from  negligent  construction  of 
railroads.     18  L.R.A.  454. 

Duty  of  railroad  company  in  respect  to  a 
restored  or  substituted  highway. 
L.R.A.1917C,  971. 

§    25.  Injury  to  property;   interference 

with  rights  of  others. 
Measure  of  damages  for,  see  Damages,  III. 

q- 

Right  to  compensation  for,  see  Emiisext 
Domain,  §§  49,  50. 

Liability  of  successor  of  railroad  companj' 
for  damages  to  abutting  property  from 
construction  of  road  in  street.  L.R.A. 
1915D,  397. 

Injuries  to  land  from  blasting  in  course  of 
railway    construction.      17    L.R.A.    221. 

Right  of  railroad  company  to  cut  off"  access 
by  owner  of  upland  to  navigable  water. 
40  L.R.A.  604. 

Statutory  authority  to  commit  nuisance  by 
construction  or  operation  of.  70  L.R.A. 
585. 

Liability  of  railroad  company  in  construct- 
ing its  roadway,  for  removal  of  lateral 
support  to  adjoining  propertv.  21 
L.R.A. (N.S.)  318;  L.R.A.1918D,  714. 

Right  to  cut  wires  crossing  tracks.  35 
L.R.A.  (N.S.)  1212. 

h.  Aid  in  conati'uction. 

§    26.  Generally. 

Railroad  aid  bonds,  see  Bonds,  §  20. 
Grant  of  public  land  to,  see  Public  Lands, 
§  5. 

Aid  with  public  money.     14  L.R.A.  479. 
Power  of  municipality  to  assume  part  or  all 

of  burden  of  adapting  street  or  bridges 

for  use  of  railroads.     50  L.R.A. (N.S.) 

143. 
Statutes  lesalizing  invalid  subscriptions  to. 

27  L.R.A.  696. 
Consult  also  L.R.A.  Digests  of  Cases. 


RAILROADS,  YL  b— cont'd 

Delegation  of  municipal  power  as  to  rail- 
road grants.     20  L.R.A.  72(i. 

Power  of  legislature  to  authorize  counties 
or  other  political  divisions  to  build, 
purchase,  or  operate  railroad  or  street 
railway,  as  afiected  by  restrictions  on 
power  to  aid  private  enterprisfis.  28 
L.R.A. (N.S.)   412. 

Construction  of  grants  to  railroad  com- 
panies as  to  percolating  water.  19 
L.R.A.  99. 

Combining  in  single  question  to  voters  of 
municipalitv  the  object  of  granting  aid 
to  railroads.     26  L.R.A. (N.S.)   669. 

c.  Depots  and  stations;  bridges. 

§   2  7.  Depots  and  stations. 

Duty  of  carrier  toward  passenger  in  rela- 
tion to  station,  see  Carriers,  §§  45,  46, 
48,  70,  71,  94. 

Governmental  regulations  as  to  stations,  see 
Carriers,  §§   161,  162. 

Specific  performance  ai  contract  as  to,  see 
Specific  Performance,  §  10. 

Duty  of  railroad  company  to  one  who  goes 
upon  station  premises  to  transact  busi- 
ness with  third  person.  L.R.A.1916A, 
516. 

Duty  of  railroad  company  to  one  who  goes 
on  station  grounds  for  purpose  of  mail- 
ing letters  on  mail  train.  24  L.R.A. 
(N.S.)   535. 

Validity  of  contract  by  railroad  company 
to  establisli  and  maintain  station.  15 
L.R.A. (N.S.)   594. 

Validity  of  contract  to  pay  an  officer  of  a 
railroad  company  for  his  own  benefit 
conditioned  on  specified  location  of 
depot.  6  L.R.A. (N.S.)  524;  25  L.R.A. 
(N.S.)    967. 

Specific  performance  of  contract  to  estab- 
lish or  maintain  station.  10  L.R.A. 
(N.S.)    307. 

§28.  Bridges. 

Duty  to  construct  bridges  at  its  own  ex- 
pense over  public  drainage  ditclies.  31 
L.R.A. (N.S.)   1118;  L.R.A.1915B,  486. 

Obstruction  of  waters  of  stream  bv  railroad 
bridge.     59  L.R.A.  863. 

Power  of  municipality  to  assume  part  or 
all  of  burden  of  adapting  bridges  for 
use  of  railroads.     50  L.R.A. (N.S.)   143. 

d.  Crossings;  cattle  guards. 

§  2  9.  Crossing  by  other  railroad  or 
street  railroad. 

Right  to  carry  wires  acrosd  railroad. 
L.R.A.1915B,  823. 

Delegation  by  legislature  to  railroad  com- 
mission of  power  as  to  track  connec- 
tions and  crossings.  32  L.R.A. (N.S.) 
654. 

Right  of  railroad  company  to  compensation 
for  laying  street  railway  across  its 
track  on  a  street  crossing.  29  L.R.A. 
485. 


1136 


INDEX  TO  L.R.A.  NOTES. 


RAILROADS,  VI.   d— cont'd 

Right  of  railroad  company  to  compensation 
for  the  crossing  of  its  track  where  it 
intersects  a  street  or  higliway  by  an 
electric  road.  13  L.R.A.(N.S.)  "916; 
L.R.A.1915D,  843. 


§   30.  Private  ci'ossings. 

Parol   agreement   to   construct  private   way 

across  railroad.     17  L.R.A.  (N.S.)    702; 

24  L.R.A.  (N.S.)   375. 
General   nature   of   duty   owed   by   railroad 

company  to  one  permitted  by  it  to  use 

private   crossing   constructed  by   it.     7 

L.R.A.  (N.S.)    597. 
Lands  for  benefit  of  which  statute  requires 

construction       of       private       crossing. 

L.R.A.1917D,  909. 

§   31.  Highway  crossings. 

Accidents  at,  see  infra,  §§  58-70. 

Contributory  negligence  at  crossing,  see 
infra,  §§  81-84. 

Requirements  at  crossings,  see  Highways, 
§§  30,  31. 

Power  of  municipality  to  change  grade  of 
railroad,  see  Highways,  §  31. 

Obstruction  of  crossings  by  trains,  see 
Highways,  §  32. 

Liability  for  dangerous  or  defective  condi- 
tion of  crossing,   see  Highways,  §  88. 

Power  to  lay  out  streets  or  highways  across 
railvvav  property  or  right  of  way.  ^4 
L.R.A."(N.S.)   ]2]3. 

Power  to  compel  railroad  to  establish  or 
maintain  at  its  own  expense  an  over- 
head or  underground  highway  crossing. 
28  L.R.A. (N.S.)  298;  L.R.A.i915E,  751. 

Power  to  require  railroad  to  construct  side- 
walk across  its  tracks  or  right  of  way. 
,    L.R.A.1918D,  1157. 

Duty  of  railroad  to  conform  crossing  to 
change  of  grade  of  street.  L.R.A. 
1915B,  766. 

Liability  of  railroad  company  to  abutting 
owner  for  damages  from  change  of 
grade  of  highway  necessary  to  carrv  it 
across  tracks.  '26  L.R.A."^(N.S.)  226; 
L.R.A.1916D,   1078. 

Necessity  of  making  compensation,  and 
measure  thereof,  upon  laying  of  street 
across  railway  property.  24  L.R.A. 
(N.S.)    ]226. 

Compensation  for  construction  and  main- 
tenance of  crossing  and  safeguards  as 
element  of  damages  for  laying  out 
street  across  railway  property.  24 
L.R.A.  (N.S.)   1232. 


§32.  — abolishing  grade  crossing. 

Liability  for  cost  of  changing  grade  of  street 
to  prevent  the  crossing  of  a  rail- 
road at  grade.    26  L.R.A.  92. 

Power  to  compel  railroad  to  establish  or 
maintain  at  its  own  expense  overhead 
or  underground  crossing,  as  affected  by 

the  fact  that  the  street  or  highway  is    §   3  6.  Right  of  Avay  for 
opened  subsequently  to  construction  of    Condemnation  of  land  for.  soo  E 
the  railroad.     28  L.R.A.(N.S.)   298.  maix,  §  22. 

Begin  with  this  book  on  every  law  question. 


RAILROADS,  VI.   d— cont'd 

§   33.  —safety  gates  and  flagmen. 

Duty  and  liability  as  to,  see  infra,  §  70. 

Power    of    municipality    to    require    safety 

gates  at  crossing.    3  L.R.A.  (>s".S.)   141; 

45  L.R.A.  (N.S.)    946. 
Delegation  of  power  to  make  regulations  as 

to  safety  gates  and  flagman.     32  L.R.A. 

(N.S.)   646. 
Compensation   for   maintaining   flagmen,   as 

element    of    damages    for    laying    out 

street     across     railway     property.       24 

L.R.A.  (N.S.)    1235. 

§   34.  Cattle  guards. 

Duty  of  railroad  company  to  keep  cattle 
guards  in  condition.  36  L.R.A.  (N.S.) 
997;  L.R.A.1915B,  134. 

Constitutionality  of  statute  requiring  rail- 
road company  to  build.  31  L.R.A. 
(N.S.)   86 L 

Constitutionality  of  statutes  excluding  de- 
fense of  contributory  negligence  and 
assumption  of  risk  on  failure  to  build. 
31   L.R.A.  (N.S.)    867. 

Effect  of  contributory  negligence  of  owner 
of  stock  getting  on  track  through  de- 
fects in.     36  L.R.A. (N.S.)    100. 

Compensation  for  making,  as  element  of 
damages  for  laying  out  street  across 
railway  property.  24  L.R.A.  (N.S.) 
1234. 

Private  action  for  violation  of  statute  as 
to  building  and  maintenance  of  cattle 
guards.      L.R.A. 1915E,   539. 

Liability  for  damage  by  trespassing  cattle 
whicli  enter  upon  railroad  property  be- 
cause of  absence  of,  or  defective  condi- 
tion of  cattle-guards,  and  thence  wan- 
der to  adjoining  property.  43  L.R.A. 
(N.S.)  447;  L.R.A.1916E,'^448. 


e.  Sidings, 


spur  tt'uclcs,   and   lateral 
roads. 


§35.  Generally. 

Power  to  compel  road  to  build  or  maintain 
or  connect  with  sidetracks  for  accommo- 
dation of  shippers.  28  L.R.A.  (N.S.) 
1013;  L.R.A.1915E,  682;  L.R.A.1918B, 
795. 

Power  of  municipality  to  compel  removal  of 
spur  track,  turnout,  or  switch  from 
street  or  highway.     L.R.A. 1918B,  481. 

Presumption  of  statutory  autliority  of  rail- 
road to  commit  nuisance  by  maintain- 
ing.    70  L.R.A.  589. 

Validity,  as  aflfected  by  public  policy,  of 
contract  to  maintain  private  sidings. 
17   L.R.A. (N.S.)    130. 

What  is  within  cliartor  power  to  build 
lateral  railroad.     12  L.R.A.  (N.S.)    326. 

Liability  of  railroad  to  servants  of  persons 
upon  whose  premises  it  operates  a  spur 
track.     46  L.R.A.  100. 


riNTT'T  Do- 


INDEX  TO  L.R.A.  >JOTES. 


113; 


RAILORADS,  VI.  e— cont'd 

Eight  of  railroad  company  to  condemn 
right  of  Avay  oA'er  or  across  tracks  of 
anotlier  company  for  a  spur  track  to 
private  establishments.  5  L.U.A.  (N.S.) 
512. 

•f.  Fences;  gates, 

g   3  7.  Fences. 

Injury  to  animals  due  to  lack  of  or  de- 
fects in,  see  infra,  §  75. 

Effect  of  lease  or  other  contract  on  failure 
of  duty  to  fence.     44  L.R.A.  755. 

Duty  of  lessee  or  licensee  as  to  railroad 
■fences.     L.R.A.1917A,  539. 

Measure  of  care  of  railroad  company  to 
maintain  fence  once  constructed.  11 
L.R.A.  (X.S.)  228. 

Private  action  for  violation  of  statutory 
dutv  to  fence  right  of  way.  9  L.R.A. 
(X.'S.)    347. 

Private  action  for  violation  of  statutory 
dutv  to  fence  right  of  wav.  9  L.R.A. 
(X.S.)    .347:  L.R.A.1915E,  "539. 

Liability  for  "damage  by  trespassing  cattle 
wliicli  enter  upon  railroad  right  of  way 
and  thonce  wander  to  adjoining  prop- 
erty. 43  L.R.A.  (N.S.)  "447;  L.R.A. 
19fCE,  448. 

§    38.  — constitutionality  of  statute  re- 
quiring fence. 
Dutv     implied,    though    not    expressly    im- 

'pos^d.      31    L.R.A.  (N.S.)    8C2. 
Constitutionalitv    of    penalties.      31    L.R.A. 

(N.S.) '803. 
Impairing  obligation  of  contract.   31  L.R.A. 

(N.S.)   860. 
Necessity  of  uniformity  of  requirements  as 

to  fencing.     31    L.R.A.  (N.S.)    867. 
Delogabilitv   of   power   to   compel  railroads 

to  fence.     31  L.R.A.  (N.S.)   867. 
Excluding  defense  of  contributory  negligehce 

and    assumption    of    risk.      31    L.R.A. 

(N.S.)   807. 
Constitutionality    of    statutes    relating    to 

fixing  value  of  stock  killed  on  unfenced 

road.      31   L.R.A. (N.S.)    867. 
Constitutionality  of  statute  making  failure 

to    fence    evidence    of    negligence.      31 

L.R.A. (N.S.)   867. 

§   3  9.  — toward   whom   duty  owed. 

Dutv  of   railroad   company   to  fence  tracks 

'against  persons.    30  L.R.A. (N.S.)   1197. 
Duty  to  fence  against  children.     25  L.R.A. 

784;    36   L.R.A.  (N.S.)    1103. 
Obligation  of  railroad  company  to  employees 

as  to   fencing  track.      25   L.R.A.   320; 

L.R.A.1916E,  207. 

§   40,  —at  what  place. 

What  are  depot  grounds  within  the  mean- 
ing of  fence  laws.  7  L.R.A. (N.S.) 
203. 

Duty  of  railroad  company  to  fence  right  of 
way  within  limits  of  city,  town,  or  vil- 
lage.    27  L.R.A. (N.S.)    796. 

Duty  of  railroad  to  fence  as  requiring  bar- 
rier across  culvert  or  under  bridge.  5 
B.  R.  C.  182. 

Coiifiiilt  also  L.R.A.  Jiioests  of  Cases.     7 


RAILROADS,  VI.  f— cont'd 

§   41.  Gates. 

Safety  gates  at  crossing,  see  supra,  §  33. 

Dutv  to  keep  gates  in  railroad  fence  closed. 
49  L.R.A.  625. 

g.  Diversion  or  ohstruction  of  xvater. 

§    42.  Generally. 

Ob^Jtruction  of  waters  of  stream  by  railroad 
bridge.     59   L.R.A.   863. 

Railroad  causing  overflow  or  accumulation, 
as  a  nuisance.     32  L.R.A. (N.S.)   376. 

Presumption  as  to  statutory  authority  to 
commit  nuisance  by  obstruction  of 
water  by  railroads.     70  L.R.A.  580. 

Liability  for  injury  by  damming  back 
water  of  stream.     59  L.R.A.  853. 

Riglit  of  railroad  to  divert  water  from  non- 
tidal  stream  without  compensation  to 
riparian  owner.     37  L.R.A. (N.S.)    311. 

Liability  of  railroad  for  conducting  surface 
water  through  its  embankments  and 
onto  the  property  of  an  adjoining  own- 
er.    12  L.R.A.  (N.S.)   680. 

Necessity  of  notice  to  purchasing  railroa<I 
company  to  construct  culverts  where 
road  was  originally  constructed  with- 
out them.     12   L.R.A.  (N.S.)    571. 

Private  action  for  violation  of  statute  re- 
quiring construction  of  culverts. 
L.R.A.1915E,  539. 

Duty  as  to  protection  of  banks  of  changed 
"water   course.     L.R.A.1916F,   1302. 

Duty  of  owner  or  tdnant  to  protect  crops 
from  backwater  caused  by  obstruction 
of  water  by  railroad  company,  49 
L.R.A. (N.S.)    760. 

VII.  Operation. 

a.  Duty  and  liahility  of  railroad  com- 
pany. 

1.  In  general, 

§   43.  Generally, 

Power  of  employee  to  employ  physician  for 
injured  person,  see  Master  and  Serv- 
ant, §§  IS,  18a. 

Injury  to  employees,  see  Master  and  Serv- 
ant, III. 

Question  for  jury  as  to  negligence  of  rail- 
road company,  see  Trial,  §  43. 

Right  to  enforce  by  mandamus  duty  of  rail- 
road compaiiv  arising  wholly  from  con- 
tract.    13   l"R.A.(N.S.)    1084. 

Right  as  riparian  owner  to  take  water  from 
stream  for  its  engines.  31  L,R.A.  (N.S.) 
543. 

§  44.  Abandonment;  compelling  oper- 
ation. 

Right  of  railroad  to  abandon  operation  of 
its    road.      L.R.A.1915A,    549. 

Compelling  operation  of;  compelling  in- 
creased facilities:  compelling  comple- 
tion of  road.     24  L.R.A,  564, 

Consideration  of  entire  return  of  railroad 
company  in  passing  upon  its  duty  to 
operate  a  branch  line  at  a  loss,  L.R.A. 
1917F,  1193, 


1138 


INDEX  TO  L.R.A.  NOTES. 


RAILROADS,  VII.  a,  1— cont'd 
§    4  5.  Ligliting  tracks. 

C'oTiipelling   roads   to   light  their   tracks   in 

city.     41  L.R.A.  422. 
Power  to  compel  railroad  companies  to  light 

their  tracks  in  cities.     19  L.R.A. (N.S.) 

G58. 

2.  Liability,  generally. 

§   4  6.  Generally. 

In  case  of  consolidation,  see  supra,  §  11. 
Liability  for  injury  by  frightening  horse,  see 

Horses,  §  10. 
Liability    for    injuries    to    employees,    see 

Master  and   Servant,   III. 
Liability  for  acts   of   servant,   see  Master 

and  Servant,  IV. 
Liability    for    injury   to    servants    of . third 

persons,     see    Master    and     Servant, 

§§  200-202. 
As  to  "last  clear  chance,"  see  Negligence, 

§§  50-52. 
Proximate  cause  of  injury,  see  Proximate 

Cause,  §§  11,  12. 
For  general  questions  of  negligence  and  con- 
tributory negligence,  see  Negligence. 

Liability  of  proprietor  of  logging  railroad, 
or  other  railroad  used  for  private  pur- 
pose, for  injuries  sustained  by  one  oth- 
er than  an  emplovee,  while  being  carried 
thereon.  12  L.R.A.  (N.S.)  131;  22 
L.R.A.(N.S.)    190. 

Duty  to  protect  one  other  than  employee 
from  injury  by  movement  of  cars  or 
tra'ns  while  loading  or  unloading 
freight  or  express.  31  L.R.A.  (N.S.) 
9G0;  L.R.A.1915F,  8G6. 

Liability  of  railroad  company  for  injury  to 
persons  other  than  employees  caused  by 
defectively  loaded  cars.  26  L.R.A.  ( N.S. ) 
204. 

Duty  of  railroad  company  to  one  who  goes 
upon  station  premises  to  transact  busi- 
ness with  third  person.  L.R.A.1916A, 
510. 

Liability  for  injury  to  person  in  building 
upon  right  of  way.  50  L.R.A. (N.S.) 
1191. 

Liability  for  creating  nuisance.  70  L.R.A. 
579;  1  L.R.A,(N.S.)  62;  32  L.R.A. 
(N.S.)   371. 

Duty  of  railroad  company  to  avoid  inter- 
ference with  extinguishment  of  fires. 
]2  L.K.A.(N.S.)  382;  20  L.R.A.  (N.S.) 
1110;   39  L.R.A. (N.S.)    20.      . 

Sufficiency  of  general  allegations  of  negli- 
gence of.     59  L.R.A.  222. 

Evidence  of  prior  accidents.  32  L.R.A. 
(N.S.)   3102. 

Evidence  as  to  conditions  before  and  after 
accident.     32  L.R.A. (N.S.)    1085. 

Admissibility  of  declarations  of  agents  of, 
as  res  ffestce.     19  L.R.A.  745. 

Violation  by  servant  of  rule  adopted  by  rail- 
way company  for  protection  of  the  pub- 
lic, as  evidence  of  negligence  toward  a 
member  of  the  public.  8  L.R.A. (N.S.) 
1063;  L.R.A.1917C,  793. 

Train  despatcher's  record  as  evidence.  3 
L.R.A.  (N.S.)   1190. 

Begin  with  this  hooTc  on  every  law  question. 


RAILROADS,  VII.  a,  2— cont'd 

Right  of  court  to  decide  question  as  to 
quickest  means  of  stopping  train,  as  a 
matter  of  common  knowledge.  14 
L.R.A.  (N.S.)   262. 


§   47,  Criminal  liability. 

Of  one  obstructing  track,  see  infra, 


§  87. 


Criminal  responsibilitv  of  railroad  com- 
pany.    2  B.  R.  C.  253. 

Criminal  homicide  in  operation  of  railroad. 
61  L.R.A.  281;  L.R.A.  1917C,  536. 

§  4  8.  Inability  for  injuries  due  to  acts 
of  third  persons. 

Liability  in  case  of  lease,  see  supra.  §  7. 

In  case  of  license  or  common  use  of  prop- 
erty, see  supra,  §  8. 

Liability  for  acts  of  employees,  see  Master 
and  Servant,  IV. 

For  accident  caused  by  wrongful  act  of 
stranger.     22  L.R.A.  306. 

Liability  of  railroad  company  for  fire 
started  by  persons  allowed  to  be  on  the 
right  of  way.     12  L.R.A. (N.S.)   472. 

Proximate  cause  of  injury  by  car  or  engine 
set  in  motion  by  third  person.  20 
L.R.A. (N.S.)   719. 

Act  of  third  person  as  excuse  to  railroad 
for  blocking  street  crossing.  23  L.R.A. 
(N.S.)   350. 

Liability  of  railroad  company  for  injury 
resulting  from  act  of  shipper*  of  con- 
signee in  setting  car  in  motion.  51 
L.R.A.(N.S.)    888. 

§   49.  — independent  contractors. 

For  act  of  independent  contractor.  9  L.R.A. 
604;*  14  L.R.A.  828. 

Liability  of  railway  companies  in  respect 
to  operation  of  plant  negligently  con- 
structed by  independent  contractor.  66 
L.R.A.  140. 

Employer's  nonliability  for  acts  of  inde- 
pendent contractor  in  work  on,  65 
L.R.A.  643,  646. 

Right  of  railroad  company  to  delegate  to 
independent  contractor  the  mainte- 
nance of  gates  or  of  flagman  at  a  street 
crossing.    13  L.R.A.(N.S.)   1177. 

§  50,  Duty  and  liability  imposed  by 
statute  or  ordinance. 

Stepping  on  track  in  front  of  approaching 
train  running  in  excess  of  speed  pre- 
scribed by  ordinance.  3  L.R.A.  (N.S.) 
196. 

Private  action  for  violation  of  statute  im- 
posing duties  on  railroads.  9  L.R.A. 
(N.S.)    347;   L.R.A.1915E,  533. 

Violating  ordinance  as  to  operation,  as 
ground  for  private  action,  5  L.R.A. 
(N.S.)   188. 

Requisites  of  averments  in  complaint  as  to 
causal  connection  between  violation  of 
law  or  ordinance  by  a  railroad  com- 
pany and  injury.     8  L.R.A. (N.S.)    987. 


INDEX  TO  L.R.A.  NOTES. 


1139 


RAILROADS,  VII.  a— cont'd 
3.  Liability  for  injuries  to  children. 

§   51.  Generally. 

Liability  for  injury  to  children  on  cars,  see 
Carrieus,  §  55. 

Care  required  of  railroad  companies  to  pre- 
vent injuring  small  children  upon 
the  track.     25  L.R.A.  784. 

Lookout  for  children.  25  L.R.A.(N.S.)  786; 
32  L.R.A.(N.S.)  566. 

Right  of  persons  in  charge  of  train  to  pre- 
sume that  child  will  get  out  of  danger. 
6  L.R.A.(N.S.)   283. 

Duty  to  keep  lookout  for  infant  trespassers 
'on  track.     8  L.R.A.  (N.S.)   1079. 

Negligent  operation  of  train  at  crossing  as 
ground  of  liability  for  killing  or  in- 
juring child  incapable  of  contributory 
negligence,  who  was  aware  of  train's 
approach.     34  L.R.A. (N.S.)    645. 

Duty  of  railroad  company  to  fence  tracks 
against  children.  16  L.R.A.  (N.S.) 
1103. 

Liability  of  railroad  operating  trains  longi- 
tudinally along  public  street  for  in- 
jury to  children.     49  L.R.A. (N.S.)   671. 

Liability  of  railroad  company  for  injury 
to,  by  car  running  wild.  L.R.A.1915A, 
143. 

Liability  for  injuries  on  turntable.  14 
L.R.A.  781;  4  L.R.A.  (N.S.)  80;  16 
L.R.A.  (N.S.)   1129. 

Doctrine  of  "attractive  nuisance"  as  applied 
to  injury  from  cars.  19  L.R.A. (N.S.) 
1136. 

Doctrine  of  "attractive  nuisance"  as  applied 
to  railroad  tracks  and  structures.  19 
L.R.A.  (N.S.)    1150. 

Wreck  as  attractive  nuisance.  L.R.A.1917F, 
1031. 


4.  Injuries  to  persons  on  or  near  tracTc. 

§   52.  Generally. 

Injuries   due  to  excessive  speed,   see   infx-a, 

§§  71,  72, 
Contributory  negligence,  see  infra,  §  80. 

Liability  for  injuries  caused  by  negligence 
of  another  company  using  the  road  un- 
der a  lease,  license,  or  other  contract. 
L.R.A.1918E,  261. 
Implied  license  to  go  upon  railroad  track. 

13  L.R.A.  634. 
Right  of  railroad  to  keep  trespassers  from 
"  track  or  right  of  way.     66  L.R.A.  587. 
Posting  signs  warning  trespassers  as  aflfect- 
ing   liability   of   railroad   company 
for   injury   to   persons  walking  on 
track.    47  L.R.A. (N.S.)  506, 
Violation  of  rule  adopted  by  railway  com- 
pany as  evidence  of  negligence  in  case 
of    injury    to    trespasser    or    licensee. 
L.R.A;i9i7C,  803. 
Liability  for  personal   injuries  from  negli- 
gent operation  of  trains  to  person 
on  adjoining  property  or  highway. 
3]  L.R.A. (N.S.)   980." 
Consult  also  L.R.A.  Digests  of  Cases. 


RAILROADS,  VII.  a,  4— cont'd 

Duty  as  to  equipping  car  or  train  so  as  to 
avoid  or  minimize  injury  to  per- 
sons on  or  near  tracks.  L.R.A. 
1915A,   742. 

Liability  of  railroad  company  for  injury 
to  trespasser  or  licensee  bv  car  run- 
ning wild.     L.R.A.1915A,  143. 

Negligence  of  railroad  company  in  respect 
to  flying  switches  or  detached  cars 
moving  bv  their  own  momentum. 
L.R.A.1916C,  1033. 

Liability  of  railroad  company  for  personal 
injuries  by  objects  thrown  from  moving 
train.  6  L.R.A.(N.S,)  581;  L.R.A. 
1917B,  916. 

Duty  and  liability  of  railroad  company  to- 
ward one  who  goes  upon  its  property 
to  pass  around  a  train  bhjcking  the 
crossing.     5  L.R.A. (N.S.)    775. 

Liability  for  injury  to  person  near  track  in 
consequence  of  suction  from  passing 
train.      L.R,A.1917B,    1163. 

Liability  of  railroad  for  injuries  to  one 
not  an  employee,  by  closing  gap  be- 
tween standing  cars  at  point  other  than 
a  highway  crossing,  19  L.R.A. (N.S.) 
558, 

Duty  to  moderate  speed  of  train  when  tres- 
passers are  to  be  anticipated.  11 
L.R.A,(N.S.)   352. 

Ordinance  affecting  operation  of  railroads 
as  intended  for  benefit  of  trespassers. 
5  L.R.A.(N.S.)    208. 

Riglit  of  action  against  railroad  company 
for  mutilation  of  the  body  of  person 
killed  on  track,     16  L.R.A. (N.S.)    405. 

Liability  of  electric  railway  for  injury  to 
trespasser  or  licensee  from  exposed 
third  rail.     28  L.R.A.  (N.S.)    98. 

Application  of  doctrine  of  last  clear  chance 
in  case  of  trespassers  or  others  injured 
upon  railroad  track.  55  L.R.A.  418. 
[See  also  notes  cited  under  Negligence, 
§§  50,  51.] 

Intoxication  of  persons  on  railroad  track  as 
affecting  applicability  of  last  clear 
chance.    31  L.R.A.  (N.S.)   1031. 

Sufficiency  of  general  allegations  of  negli- 
gence.   59  L.R.A.  223. 

Necessity  and  sufficiency  of  allegation  or 
proof  as  to  time  of  injury,  L.R.A. 
1915A,  781. 

§  52a.  Railroad  operated  longitudinal- 
ly along  street. 

Duty  and  liability  of  railroad  company 
operating  trains  or  cars  longitudi- 
nally along  public  street,  49 
L,R.A,(N.S.)   660. 

§   53.  Undiscovered  persons. 

Duty  to  discover,  see  infra,  §  56. 

Doctrine  of  last  clear  chance,  in  case  of,  65 
L.R.A.  424;  36  L.R.A. (N.S.)  957. 

May  wantonness  or  wilfuUness,  precluding 
defense  of  contributory  negligence,  be 
predicated  of  omission  of  a  dutj*  before 
discovery  of  a  person  in  peril  on  a  rail- 
road track,    21  L.R.A. (N.S.)  427. 


1140 


INDEX  TO  L.R.A.  NOTES. 


ILVILROADS,  VII.  a,  4— cont'd 

§   54.  Negligence  after  discovery. 

Negligence  after  discovery  of  small  children 
on  track.    25  L.R.A.  787. 

Last  hioment  to  which  presumption  that 
person  on  track  will  seek  place  of  safety 
may  be  indulged.    69  L.R.A.  554. 

§  55.  Helpless  persons. 

Children,  see  supra,  §  51. 

Dutv  to  avoid  injurv  to  persons  in  helpless 
'position  on  track.  25  L.R.A.  790;  69 
L.R.A.  513. 

Dutv  to  discover  disabilitv  of  person  on 
'track.     69  L.R.A.   539." 

Duty  of  trainmen,  upon  perceiving  object 
the  character  of  which  is  unknown,  but 
which  in  fact  is  a  trespasser  helpless  on 
track.     2   L.R.A.  (N.S.)    498. 

§   56.  Keeping  lookout. 

At  crossing,   see  infra,   §   65. 
For  animals,  see  infra,  §  74. 
Lookout   on    street   car,    see    Street   Rail- 
ways, §  14, 

On  locomotive  or  train.    25  L.R.A.  287. 

Dutv  to  keep  lookout  for  trackmen.  L.R.A. 
'1916F,  564. 

To  what  places  and  operations  does  statute 
or  ordinance  requiring  lookout  on 
trains  applv.  51  L.R.A.  (N.S.) 
018. 

Duty  to  discover  peril  or  disability  of  per- 
son on  railroad  track.     60  L.R.A.  539. 

Duty  of  railroad  company  to  keep  lookout 
for  trespassers  on  track.  8  L.R.A. 
(N.S.)  1009;  25  L.R.A.  289;  41  L.R.A. 
(N.S.)   264. 

Duty  to  keep  lookout  for  children  on  track. 
8  L.R.A.(N.S.)  1079;  25  L.R.A.  786;  32 
L.R.A.  (N.S.)  566;  41  L.R.A.  (N.S.)  274. 

Duty  as  to  lookout  of  railroad  operating 
trains  or  cars  longitudinallv  along  pub- 
lic street.    49  L.R.A.  ( N.S. )"  676. 

Duty  of  railroad  to  remove  obstructions  on 
right  of  way  interfering  with  lookout 
from  train.     L.R.A.1916F,  130. 

Duty  of  employees  in  charge  of  engine  to 
keep  a  lookout,  as  affected  by  other  du- 
ties.     21    L.R.A.  (N.S.)    723. 

Intoxication  of  persons  on  railroad  track 
as  affecting  applirability  of  doctrine 
of  last  clear  chance.  31  L.R.A. (N.S.) 
1033. 


§  57.  Signals. 

At  crossings,  see  infra,  §§  66-69. 

Admissibility  of  negative  inferences  as  to. 

L.R.A.1918A,  744. 
Failure  to  give  signal  to  children  on  track. 

25  L.R.A.  788. 
Duty  of  railroad   company  to  warn  track 

emplovees  of  approach  of  train  or  car. 

L.R.AJ916F,  555. 
Duty  of  railroad  company  operating  trains 

or     cars    longitudinally    along     public 

street  as  to  signals.     49  L.R.A. (N.S.) 

672. 
Begin  with  this  hooTc  on  every  law  qitestion. 


RAILROADS,  VII.  a— cont'd 

o.  Accidents  at  crossitig, 
(a)   In  general. 

§   58.  Generally. 

Speed   at,   see   infra,   §§   71,   72. 
Contributory  negligence,  see  infra,  §§  81-84. 

Liability  for  injuries  caused  by  negligence 
of  another  company  using  the  road  un- 
der a  lease,  license,  or  other  contract. 
L.R.A.1918E,  260. 

Violation  by  servant  of  rule  adopted  by  rail- 
way compfiny  as  evidence  of  negligence 
toward  one  other  than  servant.  L.R.A, 
1917C,  801. 

Negligence  of  railroad  company  in  respect 
to  flying  switches  or  detached  cars  mov- 
ing by  their  own  momentum.  18  L.R.A. 
63;  L.R.A.1916C,  1034. 

Liability  of  railroad  for  personal  injuries 
to  persons  on  highway  from  negligent 
operation  of  train.  31  L.R.A.  (N.S.) 
980. 

Liability  for  killing  or  injuring  one  who 
went  on  railroad  crossing  without 
knowledge  of  its  existence.  28  L.R.A. 
(N.S.)    382. 

Liabilitv  for  injury  to  bicvclist  crossing 
43  L.R.A.  301;*42  L.R.A.(N.S.)    158. 

Private  action  for  violation  of  crossing  reg- 
ulations. 9  L.R.A. (N.S.)  373:  L.R.A. 
1915E,  535. 

Application  of  doctrine  of  last  clear  chance. 
55  L.R.A.  418. 

SufRciencv  of  general  allegations  of  negli- 
gence'.    59  L.R.A.  224. 

Duty  and  liability  of  railroad  company  as 
to  crossing  which  appears  to  be  part 
of  a  public  street  or  highwav.  51 
L.R.A.  (N.S.)    1215. 

Liability  where  person  or  vehicle  runs  into 
side  of  train  at  crossing.  L.R.A. lOloA, 
363. 

Liability  in  case  of  collision  of  road  vehicle 
with  car  standing  on  crossing.  L.R.A. 
1918E,  792. 

§   59.  Private  crossing. 

General  nature  of  the  duty  owed  by  a  rail- 
road company  to  one  who,  with  its 
permission,  uses  a  private  crossing  con- 
structed by  it.     7  L.R.A. (N.S.)   597. 

§   60.  Defects  in  crossing. 

Injuries  otherwise  than  by  train,  see  High- 
ways, §  88. 

Defective  condition  of  railroad  crossing  as 
affecting  traveler's  right  to  recover  for 
injuries  sustained  in  collision  with 
train.  14  L.R.A. (N.S.)  312;  20  L.R.A. 
(N.S.)    426. 

Private  action  for  violation  of  statute  as 
to  blocking  frogs,  switches  and  cross- 
ings.    L.R.A.1915E,  537. 

Defects  in  roadbed  of  company  operating 
train  or  cars  longitudinallv  along  pub- 
lic street.     49  L.R.A.  (N.S')    678. 


l5fDEX  TO  L.E.A.  NOTES. 


1141 


RAILROADS,  VII.  a,  5,    (a)— cont'd 

-§   61.  Obstruction  of  traAcler's  view  at 

crossing. 
Duty  of  railroad  employees  on  approaching 
crossing  as  all'ected  by  obstruction 
of    traveler's    view    of    track.      22 
L.R.A.(N.S.)    232. 
Negligence  of  railroad  company  in  permit- 
ting  obstructions   on   its  right  of   way 
which  obscure  view  of  track  from  high- 
way crossing.     12  L.R.A.  (N.S.)   1067. 

§   62.  Obstructing  crossing. 

Contributory  negligence,  see  infra,  §  82. 
Obstruction  of  crossings  by  trains  generally, 
see  Highways,  §  32. 

Violation  of  statute  or  ordinance  in  relation 
to  blocking  railroad  crossing  as 
affecting  liability  for  injury.  47 
L.R.A. (N.S.)   820. 

Duty  toward  person  attempting  to  cross 
train  obstructing  highway.  13  L.R.A. 
(N.S.)   1074. 

Duty  and  liability  towards  person  going  on 
its  property  to  ps^ss  around  a  train 
blocking  crossing.     5  L.R.A. (N.S.)   775. 

Liability  oit  railroad  company  for  act  of 
employee  in  inviting  pedestrian  to 
cross  train  obstructing  liighway.  13 
L.R.A.  (N.S.)  1071;  34  L.R.A.  (N.S.) 
469;  L.R.A. 1917E,  823. 

§§   63,   64.  Undiscovered  persons. 

Doctrine  of  last  clear  chance  in  case  of.  55 
L.R.A.  424;   36  L.R.A. (N.S.)    5)57. 

May  wantonness  or  wilfulness,  precluding 
defense  of  contributory  negligence  be 
predicated  of  omission  of  duty  before 
discovery  of  person  in  position  of  peril 
at  crossing.     21  L.R.A.  (N.S.)   432,  440. 

§    65.  Loolvout. 

For   persons  on   track,  see  supra,  §   56. 
For   animals,   see   infra,   §    74. 

To  what  places  and  operations  does  stat- 
ute or  ordinance  requiring  lookout  on 
trains  apply.     51  L.R.A. (N.S.)    618. 

Liability  for  failure  to  maintain  lookout  at 
crossings.     25  L.R.A.  287. 

Application  of  last  clear  chance  in  case  of 
omission  of  duty  to  keep  a  lookout.  55 
L.R.A.  418. 

(b)    Signals. 

§   6  6.  Generally. 

At  places  other  than   crossings,  see  supra, 

§  57. 
Fright  of  horse  by,  see  Hobses,  §  10. 

Admissibility  of  negative  inferences  as  to. 
L.R.A. 1918A,  744. 

Liability  for  failure  to  give  statutory  sig- 
nals when  they  would  not  have  pre- 
vented the  injury.     21  L.R.A.  723. 

Violation  of  rule  as  to  giving  of  signals  as 
evidence  of  negligence  towards  memljer 
of  public.  8  L.R.A.(N.S.)  1063;  L.R.A. 
1917C,  801. 

Private  action  for  violation  of  ordinances 
requiring  warning  signals.  5  L.R.A. 
(N.S.)    240. 

Consult  also  L.R.A.  Digests  of  Cases. 


RAILROADS,  VII.  a,  5,   (b)— cont'd 

Private  action  for  violation  of  statutory 
dutv  to  signal  approacii  of  crossings. 
9  L.R.A.  (N.S.)    365;  L.R.A.1915E,  533. 

Power  of  municipal  corporations  to  regulate 
signals  from  trains  at  crossings.  17 
L.R.A. (N.S.)   561. 

Failure  to  give  crossing  signals  as  proxi- 
mate cause  of  injury  bv  running  into 
side  of  train.     38  L.R.a!(N.S.)   1153. 

Duty  of  one  crossing  railroad  track  as  af- 
fected by  flagman's  signaling  to  pro- 
ceed.   15  L.R.A. (N.S.)  803. 

Failure  to  give  customary  signals  as  excus- 
ing nonperformance  of  dutv  to  look  and 
listen.     3  L.R.A. (N.S.)    391. 

Statements  by  engineer  as  to  failure  to 
whistle  made  sometime  after  accident 
as  res  gestae.     42  L.R.A. (N.S.)   031. 

Right  of  traveler  to  rely  on  automatic  sig- 
nals at  ci'ossing.     L.R.A. 1916D,  788. 

§  6  7.  Statutory  signals  as  measure  of 
duty. 

Neglect  to  give  signals.     15  L.R.A.  427. 
Neglect  to  exercise  due  care.    15  L.R.A.  428. 
Instances.     15  L.R.A.  428. 
Apparent  exceptions  to  the  first  rule.     15 

L.R.A.  428. 
Province  of  jury.     15  L.R.A.  429. 

§   68.  Toward  whom  duty  owed. 

For   whose   benefit   signals   by   approaching 
trains   are   required  by   statute   at 
railway  crossings.     17  L.R.A.  254. 
Duty  to  give   crossing  signals   for  the 
benefit  of  persons  near  a  crossing, 
but  who  are  not  about  to  use  the 
same.      14    L.R.A.(N.S.)     998;    31 
L.R.A.(N.S.)      667;     L.R.A.1915D, 
962. 
Right  of  employee  to  rely  on  statute  requir- 
ing   signal    to   be   given   by    train   ap- 
proaching   crossing.      40    L.R.A. (N.S.) 
1105. 
Failure  to  give  signal  as  affecting  liability 
for  injury  to  small  children  on  track. 
25  L.R.A.  788. 
Duty   to   give   crossing   signals   for   protec- 
tion of  animals.     46  L.R.A.(N.S.)   881. 

§    6  9.  At  what  crossings. 

At  what  railway  crossing  signals  of  trains 

are  required.     16  L.R.A.  119. 
Duty  as  to  signals  by  locomotive  approach- 
ing overhead  crossings.    1  L.R.A. (N.S.) 
307;  22  L.R.A. (N.S.)   915. 
Duty   of   railroad   to   give   crossing  signals 
at  place  not  technically  a  highway 
crossing,    but    used    as    such.      49 
L.R.A.(N.S.)    814. 

(c)   Flagmen;  safety  gates. 

§7  0.  Generally. 

In   general,   see   supra,   §   33. 

Violation  of  rule  as  to  flagmen  as  evidence 
of  negligence  toward  one  other  than 
"servant.     L.R.A.1917C,  802. 

Liability  of  railroad  company  for  frighten- 
ing horse  on  highway  by  flagmen. 
L.R.A.1917C,  982. 


1142 


INDEX  TO  L.E.A.  NOTES. 


RAILROADS,  VII.  a,  5,   (c)— cont'd 

Duty  as  to  operation  of  safety  gates  at  rail- 
road crossing.  33  L.R.A.(N.S.) 
988. 

Delegation  by  legislature  of  power  to  re- 
quire flagmen  and  gates  at  railroad 
crossings.     32  L.R.A.  (N.8.)    (J46. 

Necessity  for  flagman  at  crossing  where 
traveler's  view  of  track  is  obstructed. 
22  L.R.A.(N.S.)   237. 

Right  of  railroad  company  to  delegate  to 
independent  contractor  the  mainte- 
nance  of.      13   L.R.A.(N.S.)    1177. 

Violation  of  police  ordinance  as  to  flagman 
as  ground  for  private  action.  5  L.R.A. 
(N.S.)   245. 

Violation  of  police  ordinance  as  to  safety 
gates  as  ground  for  private  action.  6 
L.R.A.(N.S.)    246. 

Conduct  of  flagman  or  absence  from  his  post 
as  affecting  liability  for  injury  at 
crossing.    41  L.R.A. (N.S.)  355. 

Duty  of  one  crossing  railroad  track  as  af- 
fected by  flagman's  signal  to  proceed. 
15   L.R.A.(N.S.)    803. 

Duty  of  traveler  going  on  crossing  when 
gates  are  open.  4  L.R.A. (N.S.)  521; 
L.R.A.1916E,  821. 

Effect  of  flagman,  or  lowered  gates,  on  con- 
tributory negligence  of  child  at  cross- 
ing.    L.R.A.I917F,  151. 

6.  Speed. 

§   71.  Generally. 

Speed  of  street  car,  see  Street  Railways, 
§§  12,  13. 

Speed  at  country  crossing  as  negligence. 
3   L.R.A.(N.S.)    778. 

Negligence  as  to  speed  of  railroad  company 
operating  trains  or  cars  longitudinal- 
ly along  public  street.  49  L.R.A. (N.S.) 
G74. 

Rate  of  speed  preventing  stoppage  of  trains 
within  distance  disclosed  by  head- 
light.    39  L.R.A. (N.S.)   978. 

In  case  of  small  children  on  track.  25 
L.R.A,  789. 

Duty  to  moderate  speed  of  train  where  tres- 
passers are  to  be  anticipated.  11 
L.R.A.(N.S.)    352. 

Frightening  horse  on  highway  by  excessive 
speed  of  train.     33  L.R.A. (N.S.)    127. 

Evidence  as  to  speed  of  trains  and  hand 
cars.     34   L.R.A. (N.S.)    790. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  701. 

Violation  by  servant  of  the  rule  adopted  by 
company  as  to  speed  as  evidence  of  neg- 
ligence towards  member  of  public.  8 
L.R.A. (N.S.)    1063;  L.R.A.1917C,  801. 

Assumption  which  one  approaching  railroad 
track  may  indulge  as  to  speed  of  com- 
ing train.     24  L.R.A. (N.S.)    493. 

§  72.  Regulations  of,  by  statute  or 
ordinance;  violations  of  regula- 
tions. 

Power  of  municipal  corporations  to  regu- 
late speed  of,  trains  at  highway  cross- 
ings.    17  L.R.A. (N.S.)   561.  1 


RAILROADS,  VII.  a,  6— cont'd 

Right  to  require  stopping  of  interstate  mail 
trains.     14  L.R.A. (N.S.)   293. 

Right  to  limit  speed  of  mail  trains.  14 
L.R.A.  (N.S.)    293;    L.R.A.1917P,    1187. 

Private  action  for  violation  of  statutory 
limitation  of  speed.  9  L.R.A. (N.S.) 
373;    L.R.A.1935E,   538. 

Violation  of  ordinance  as  to,  as  ground  for 
private  action.  5  L.R.A. (N.S.)  197,. 
218. 

Violation  of  ordinance  as  to,  by  company 
operating  trains  or  cars  longitudinally 
along  public  street.  49  L.R.A, (N.S.) 
674. 

Stepping  on  track  in  front  of  approaching 
train  running  in  excess  of  speed  pre- 
scribed by  ordinance,  3  L.R.A.  (N.S.) 
196. 

Presumption  and  burden  of  proof  as  to- 
negligence  of  railroad  company  operat- 
ing trains  longitudinally  along  public 
street.     49  L.R.A. (N.S.)    688. 

7.  Injuries  to  animals. 

§    7  3.  Generally.  ' 

Duty    of    railroad    company    as    to    cattle 

guards,  see  supra,  §  34. 
Contributory  negligence,  see  infra,  §  85. 
Frightening  horses,  see  Horses,  §  10. 

Liability  for  injuries  caused  by  negligence 
of  another  company  using  the  road  un- 
der a  lease,  license,  or  other  contract. 
L,R.A.1918E,  262. 

When  injury  to  livestock  is  done  "by"  or 
"caused  by"  railroad  train  or  engine, 
within  the  meaning  of  statutes  on  that 
subject.     14  L.R.A.  841. 

Liability  for  killing  or  injuring  live  stock 
on  track  because  of  lack  of  proper  head- 
light.     39   L.R.A. (N.S.)    271. 

Duty  as  to  equipping  car  or  train  so  as  to 
avoid  or  minimize  injury  to  animals 
on  or  near  tracks.     L.R.A.1915A,   742. 

Duty  to  give  crossing  signals  for  protection 
of  animals.     46  L.R.A.  (N.S.)    881. 

Liability  for  failure  to  take  precautions  to 
prevent  injuries  which  could  not  have 
been  prevented.    21  L.R.A.  723. 

Liability  of  company  operating  railroad 
along  highway  for  injury  to  live  stock. 
L.R.A.1917E,   770. 

Liability  of  railroad  company  for  attract- 
ing animals  running  at  large,  to  its 
premises,  by  allowing  freight  or  waste 
attractive  to  live  stock  to  remain  ex- 
posed thereon.     28  L.R.A. (N.S.)   83. 

Duty  of  railroad  as  to  fowls  upon  track. 
47  L.R.A. (N.S.)    1125. 

Cons-titutionality  of  statute  imposing  abso- 
lute liability  for  injury  to  animals.  25- 
L.R.A.  162;   35  L.R.A. (N.S.)    1018. 

Application  of  doctrine  of  last  clear  chance, 
55  L.R.A.  418. 

Sufficiency  of  general  allegations  of  neg- 
ligence.   59  L.R.A.  231. 

Necessity  and  sufficiency  of  allegation  or 
proof  as  to  time  of  injurv.  L.R.A. 
1915A,  781. 

Presumption  of  negligence  from  injury  to 
livestock  by  railway  train.  1'6  L.R.A. 
39. 


Begin  tvith  this  hook,  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1143 


RAILROADS,  VII.  a,  7— cont'd 

Power  of  legislature  to  make  the  killing  of 
stock  prima  fcaie  evidence  of  negligence. 
32  L.R.A.(X.S.)    227. 

Right  to  interest  on  damages  allowed  for 
injuries  to  stock  by  passing  train.  18 
L.K.A.  450. 

N'alidity  of  statutory  provision  for  attor- 
ney's fee  in  action  for  killing  cattle. 
17'L.R.A.(N.S.)  910;  L.R.A.1915E,  944. 

§    7  4.  Lookout  for. 

Duty   to   keep   lookout  for   stock   on   track. 

2.3  L.R.A.  291;  24  L.R.A.(N.S.)  858. 
Dutv  to  keep  lookout  for  liorses  on  highway 
'parallel   with   track.     33   L.R.A.  (N.S.) 

128. 

§  7  5.  Lack  of,  or  defects  in  fences  or 
gates. 

Duty  as  to  fences  generally,  see  supra,  §§ 

37-40. 
Duty  as  to  gates  generally,  see  supra,  §  41. 

Liabilitv  of  lessee  or  licensee.  L.R.A.1917A, 
539". 

Liability  of  railroad  whose  failure  to  main- 
tain fences  permits  escape  of  live  stock, 
which  is  killed  or  injured  outside  its 
right  of  way.     29  L.R.A. (N.S.)   573. 

Duty  of  railroad  to  fence  as  requiring  bar- 
rier across  culvert  or  under  bridge. 
5  B.  R.  C.  182. 

Liability  for  injury  to  stock  other  than  by 
trains,  because  of  breach  of  statutory 
duty   to  fence.     37  L.R.A.  (N.S.)    1181. 

Injury  by  reason  of  leaving  gates  in  rail- 
road fence  open.     49  L.R.A.  625. 

Constitutionality  of  statute  making  failure 
to  fence  evidence  of  negligence.  31 
L.R.A.(N.S.)    867. 

Constitutionality  of  statutes  as  to  fixing 
value  of  stock  killed  on  unfenced  road. 
31  L.R.A. (N.S.)    867. 

§   7  6.  Dogs. 

Liability  for  killing  dogs.     37  L.R.A.  659. 
Action  for  injury  to  dogs  by  railroad  trains. 

40  L.R.A.  509. 
Dutv    with    respect    to    dogs   on    track.      6 
"L.R.A. (N.S.)    911. 

8.  Fires, 

§   7  7.  Generally, 

Contributory  negligence,  see  infra,   §  86. 

Liability  of  railroad  for  setting  fires  which 
spread  to  property  of  others.  21  L.R.A. 
262. 

Liability  for  burning  property  stored  or 
piled  on  right  of  Avay  by  licensee.  1 
L.R.A. (N.S.)   533. 

Liability  for  fires  started  by  persons  al- 
lowed to  be"  on  right  of  waj'.  12  L.R.A. 
(N.S.)    472. 

Liability  for  fire  set  by  engines  of  other 
company  permitted  to  use  road.  10 
.     L.R.A.(N.S.)   1175;  L.R.A.1918A,  940. 

Liability  of  railroad  company  for  personal 
injury  to  person  struck  by  sparks  or 
cinders  escaping  from  locomotive.  18 
L.R.A.(N.S.)    241. 

Consult  also  L.R.A.  Digests  of  Cases. 


RAILROADS,  VII.  a,  8— cont'd 

Constitutionality  of  statute  imposing  abso- 
lute liability  for.  25  L.R.A.  161;  35 
L.R.A.  (N.S.)    1016. 

Validity  of  statutory  provision  for  attor- 
ney's fee  in  action  against  railroad  for 
damages  from  fire.  17  L.R.A. (N.S.) 
910. 

Constitutionality  of  statute  denying  insur- 
er's right  of  subrogation  against  person 
responsible  for  destruction  of  property 
M'here  fire  is  caused  by  railroad  com- 
pany.    41  L.R.A.(N.S.)    1202. 

Sufficiency  of  general  allegations  of  neg- 
ligence.     59   L.R.A.    234. 

Variance  between  allegation  and  proof  as 
to  time  in  action  against  railroad  com- 
pany for  setting  out  fires.  41  L.R.A. 
(N.S.)    635. 

Right  to  interest  on  sum  allowed  as  dam- 
ages from  railway  fires.    18  L.R.A.  449. 

May  one  who  destroys  insured  property  de- 
feat an  action  by  the  owner  upon  the 
ground  that  the  right  of  action  is  in 
the  insurer.  23  L.KA.(N.S.)  870; 
L.R.A.1918F,  145. 

Duty  to  avoid  interference  with  extinguish- 
ment of  fires.  12  L.R.A. (N.S.)  382: 
20  L.R.A.(N.S.)  1110;  39  L.R.A.(N.S.) 
20. 

Private  action  for  violation  of  statute  re- 
quiring spark  arresters  on  engines. 
L.R.A.1915E,  539. 

Construction  and  eff'ect  of  statute  giving 
railroad  company,  responsible  for  the 
destruction  of  property  by  fire,  the 
benefit  of  insurance  effected  by  owners. 
52  L.R.A. (N.S.)   203. 

Scope  and  effect  of  clause  in  fire  insurance 
policy  exempting  insurer  from  lial)il- 
ity  for  loss  by  fire  from,  or  occasioned 
by  locomotive  engines.  51  L.R.A. 
(N.S.)  518. 

Measure  of  damages  for  destruction  of 
standing  timber  by  fire  set  by  locomo- 
tive.    52  L.R.A.(N.S.)   92. 

§    78.  Presumptions;   evidence. 

Violation  by  servant  of  rule  adopted  by  rail- 
way company  as  evidence  of  negligence 
toward  one  other  than  servant.  L.R.A. 
1917C,  805. 

Presumption  as  to  negligence  in  case  of  rail- 
way fires.     15  L.R.A.  40. 

Effect  of  presumption  from  fact  that  fire 
Avas  set  by  locomotive  to  carry  question 
of  negligence  to  jury.  5  L.R.A. (N.S.) 
99. 

Power  of  legislature  to  make  injury  by  fire 
from  locomotives  prima  facie  evidence 
of  negligence.     32  L.R.A. (N.S.)  227. 

Admissibility  of  evidence  of  other  fires.  32 
L.R.A.  (N.S.)   1146. 

Distance  within  which  sparks  from  a  prop- 
erly equipped  engine  will  set  fire  as  a 
subject  of  expert  testimony.  22  L.R.A. 
(N.S.)    1039. 

h.  Contributory  negligence. 
1.  In  general. 

%    79,  Generally. 

Of  children,  see  infra,  §  84a. 


1144 


INDEX  TO  L.R.A.  NOTES. 


RAILRAODS,  VII.  b,  1— cont'd 

Persons  on  train,  see  Carriers,  §§  75-84. 

Contributory  negligence  of  railroad  employ- 
ees, see  Masier  and  Servant,  III.  c. 

Doctrine  of  last  clear  chance  or  humani- 
tarian doctrine,  see  Negligence,  §§  50- 
52. 

Contributory  negligence  as  to  street  cars,  see 
Street  Railways,  §§  20-23. 

Presumption  of  care  of  person  killed  at 
crossing.    4  L.R.A.  (N.S.)   344. 

Effect  of  continuing  negligence  of  person 
injured  on  liability  of  the  company. 
55  L.R.A.  418. 

Effect  of,  on  liability  for  violating  police 
ordinance  affecting  operation  of  rail- 
roads.    5   L.R.A.  (N.S.)    230. 

Defective  hearing  of  person  injured  as  bear- 
ing upon  contributory  negligence.  41 
L.R.A.  (N.S.)    196,  197. 

2.  Persons  on  or  near  track. 

§   80.  Generally. 

Liability  of  companj',  see  supra,   §§  52-57. 

Contributor^  negligence  of  passenger  while 
crossing  track,  see  Carriers,  §  83. 

On  tracks  of  interurban  railroad,  see  Inter- 
urban   Railroad,   §  4. 

Doctrine  of  last  clear  chance,  see  Negli- 
gence, §§   50-52. 

On  street  car  track,  see  Street  Railways, 
§§  20-23. 

Negvigence  of  passenger  ejected  from  train, 
\n  walking  on  railroad  track.  12  L.R.A. 
(N.S.)    359. 

May  wantonness  or  wilfulness,  precluding 
defense  of  contributory  negligence,  be 
pr«^dicated  of  the  omission  of  a  duty  be- 
fore the  discovery  of  a  person  in  peril 
on  a  railroad  track.  21  L.R.A. (N.S.) 
427. 

Contributory  negligence  in  stepping  on 
track  in  front  of  approaching  train 
running  in  excess  of  speed  prescribed 
by  ordinance.     3  L.R.A. (N.S.)    196. 

Contributory  negligence  of  person  injured 
by  railroad  trains  or  cars  operated 
longitudinally  along  public  street.  49 
L.R.A.(N.S.)   679. 

Intoxication  of  person  injured  on  track  as 
contributory  negligence.  "47  L.R.A. 
(N.S.)   734,  736. 

Right  of  one  on  railroad  track  to  rely  on 
custom  to  move  trains  on  certain 
track  only  in  one  direction.  L.R.A. 
1916D,  706. 

3.  At  crossing. 

§   81.  Generally. 

Negligence  of  company,  see  supra,  §§  58-69. 
Negligence  of  children,  see  infra,  §  84a. 

Contributory  negligence  in  attempting  to 
use  railroad  crossing  known  to  be  in 
a  dangerous  or  defective  condition. 
L.R.A. 1915C,  813. 

Where  person  or  vehicle  runs  into  side  of 
train    at   crossing.      L.R.A. 1915A,    362. 

Begin  rvith  this  boolc  on  every  laiv  question. 


RAILORADS,  VII.  b,  3— cont'd 

Care  required  of  driver  of  automobile  at 
railroad  crossing.  21  L.R.A.  (N.S.) 
794;  29  L.R.A. (N.S.)  924;  46  L.R.A. 
(N.S.)    702. 

Right  of  one  going  on  railroad  crossing  to 
rescue  property  to  recover  for  injurv. 
28  L.R.A. (N.S.)  346. 

Contributory  negligence  in  attempting  to 
cross  in  front  of  engine  or  cars  stand- 
ing npar  street  crossing.  11  L.R.A. 
(N.S.)   963. 

Intoxication  of  person  injured  amounting  to 
contributory  negligence.  40  L.R.A.  T33 ; 
47  L.R.A.(N.S.)  735. 

In  respect  to  flying  switches  or  detached 
cars  moved  bv  their  own  momentum. 
18  L.R.A.  65;  L.R.A.1916C,  1039. 

Duty  of  one  crossing  railroad  track  as  af- 
fected by  flagman's  signal  to  proceed. 
15  L.R.A. (N.S.)    803. 

Right  of  one  about  to  cross  railroad  track 
to  rely  upon  train  schedules.  17  L.R.A. 
(N.S.)    1253. 

Right  of  one  crossing  railway  tracks  to  as- 
sume that  approaching  train  will  stop 
at  intervening  station.  20  L.R.A. 
(N.S.)    380. 

Right  of  traveler  to  rely  on  automatic 
signals  at  crossing.     L.R.A. 1916D,  788. 

Duty  of  traveler  going  upon  railroad  cross- 
ing when  gates  are  open.  L.R.A. 
1916E,  821. 

Assumption  which  one  approaching  railroad 
crossing  may  indulge  as  to  speed  of 
coming  train.     24  L.R.A.  (N.S.)   493. 

Conduct  of  flagman  or  absence  from  his  post 
as  affecting  liabilitv  for  injury  at  cross- 
ing.    41  L.R.A. (N.S.)    355. 

Stepping  on  track  in  front  of  approaching 
train  running  in  excess  of  speed  pre- 
scribed by  ordinance.  3  L.R.A.  (N.S. ) 
196. 

Personal  contributory  negligence  of  person 
riding  in  vehicle  driven  or  eon- 
trolled  by  another  at  railroad 
crossing,      L,R.A.1915E,   225. 

Presumption  as  to  exercise  of  due  care  by 
person  found  killed  at  crossing.  16 
L.R.A.   201. 

Right  to  rely  on  presumption  of  self-pres- 
ervation in  action  for  negligent  killing 
at  railroad  crossing  in  order  to  pre- 
vent nonsuit  where  there  were  no  eye- 
witnesses to  the  killing.  11  L.R.A. 
(N.S.)  844. 

§   82.  Where   train   obstructs   crossing. 

Negligence  of  company,  see  supra.  §  62. 
Obstruction   of    crossings   by   trains   gener- 
ally, see  HiGrtwAYS,  §  32. 

Contributory  negligence  in  attempting  to 
cross  a  train  standing  on  a  crossing. 
13  L.R.A.  (N.S.)  1066:  34  L.R.A.  ( N.S. ; 
466;  50  L.R.A.  (N.S.)  1012. 

Effect  of  contributory  negligence  on  lia- 
bility for  injury  resulting  from  viola- 
tion of  statute  or  ordinance  in  relation 
to  blocking  crossing.  47  L.R.A. (N.S.) 
828. 


INDEX  TO  L.R.A.  XOTES. 


1145 


RAILROADS,  VII.  b,  3— cont'd 

§   83.  Duty  to  stop,  look,  and  listen. 

On  street  oar  track,  see  Street  Railways, 

§  21. 

Duty  of  eliildren  as  to.     L.R.A.1917F,  125. 

Dutv  to  stop,  look,  and  listen  after  enter- 
"^ing  on  first  track.  17  L.R.A.(N.S.) 
505. 

Frigiit  of  team  as  excuse  for  omission  to 
look  and  listen  at  railroad  crossing.  21 
L.R.A.(N.S.)    415. 

EfTect  of  pedestrian's  looking  or  failure  to 
look  before  attempting  to  cross  train 
standing  on  crossing.  13  L.R.A.  (N.S.) 
1069. 

Duty  of  passenger  embarking  or  disembark- 
ing at  station  to  stop,  look,  and  listen 
before  crossing  track  at  station  to  his 
train.  13  L.R.A. (N.S.)  620;  27  L.R.A. 
(N.S.)    128:   31  L.R.A. (N.S.)    338. 

Duty  to  look  and  listen  before  crossing  in- 
terurban  electric  railway  on  company's 
own  right  of  wav.  23  L.R.A.  (N.S.) 
1224. 

Duty  of  traveler  to  stop,  look,  and  listen 
upon  approaching  overhead  or  under- 
ground railroad  crossings.  6  L.R.A. 
(N.S.)    150. 

Duty  of  traveler  going  upon  railroad  cross- 
ing when  gates  are  open.  4  L.R.A. 
(N.S.)    521;    L.R.A.1916E,  821. 

Failure  to  give  customary  signals  as  ex- 
cusing nonperformance  of  duty  to  look 
and  listen.     3  L.R.A.  (N.S.)    391. 

Credibility  and  effect  of  testimony  of  per- 
son injured  at  a  railroad  crossing  that 
he  looked  and  listened  where  he  must 
have  detected  the  train  had  he  looked 
or   listened.      L.R.A.1915B,    140. 

Duty  of  driver  of  automobile  as  to  stop- 
ping, looking,  and  listening.  46 
L.R.A. (N.S.)   702. 

Failure  to  look  before  crossing  train  stand- 
ing on  a  crossing.  50  L.R.A. (N.S.) 
1013. 

§  84.  — duty  as  to  place  and  direction 
of  observation. 

Care  required  in  selecting  place  for  observa- 
tion.    37  L.R.A. (N.S.)   136. 

Distance.      .37   L.R.A. (N.S.)    137. 

Looking  at  the  customary  place.  37 
L.R.A.  (N.S.)    138. 

At  a  place  dangerous  in  itself.  37  L.R.A. 
(N.S.)   138. 

Duty  to  look  more  than  once.  37  L.R.A. 
(N.S.)    138. 

Duty  Avhere  view  near  track  is  obstructed. 
37   L.R.A. (N.S.)    142. 

When  looking  would  have  been  useless.  37 
L.R.A.  (N.S.)    145. 

Direction  for  looking.  37  L.R.A.  (N.S.) 
146. 

Duty  of  driver  of  automobile  where  view 
is  obstructed.    46  L.R.A.  (N.S.)  705. 

Duty  of  driver  who  has  traveled  some  dis- 
tance parallel  witii  track  after  looking 
for  car.  to  look  again  before  crossing 
track.    21  L.R.A.  (N.S.)  309. 

Consult  also  L.Ji.A.  Digests  of  Cases. 


RAILROADS,  VII.  b— cont'd 

35.  Injuries  to  minors, 

§   8  1a.  Generally. 

Contributory  negligence  of  children  on  or 
about  railroad  tracks.  L.R.A.1917F, 
123. 

4.  Injuries  to  animals. 

§   85.  Generally. 

Negligence  of  company,  see  supra,  §§  73-76. 

In  case  of  injury  to  live  stock  by  railroad 
operating  along  highway.  L.R.A.1917E, 
770. 

Effect  of  contributory  negligence  of  owner 
of  stock  getting  on  railroad  track 
through  defects  in  cattle  guards.  36 
L.R.A.  (N.S.)    1000. 

Effect  of  contributory  negligencei  where 
railroad  company  has  failed  to  perform 
dutv  as  to  keeping  cattle  guards  in 
proper  condition.  36  L.R.A. (N.S.)  997; 
L.R.A.1915B,  134. 

Constitutionality  of  statutes  excluding  de- 
fense of  contributory  negligence  and 
assmnption  of  risk  on  failure  of  rail- 
road company  to  fence  tracks  and 
build  cattle  guards.  31  L.R.A. (N.S.) 
867. 

5.  As  to  fires. 

§   86.  Generally. 

Negligence  of  company,  see  supra,  §§  77,  78. 

Duty  of  abutting  owner  to  prevent  accumu- 
lation of  combustible  materials  near 
right  of  way.     12  L.R.A. (N.S.)   624. 

Duty  of  owner  of  property  adjoining  a  rail- 
road right  of  way  to  protect  it  from 
fires  set  out  by  passing  locomotives. 
12  L.R.A.(N.S.)  526;  49  L.R.A. (N.S.) 
166. 

c.  Criminal    liability    of    third   persons 
for  obstructing  track. 

§8  7.  Generally. 

Instigation  to  offense  of  obstructing  rail- 
road track.    25  L.R.A.  345. 

Criminal  liability  of  children  for  obstruct- 
ing railway  track.    36  L.R.A.  208. 

Homicide  by  derailing  railway  train.  63 
L.R.A.  378. 

Cruel  and  unusual  punishment  for  obstruct- 
ing railroad  track.    35  L.R.A.  577. 


RAILROAD  SIDINGS. 

See  Spub  Tracks  and  Sidings. 
-    ♦<-♦ 


RAILROAD  TRESTLE. 

Dutv  to  avoid  injury  to  person  walking  on. 
"69  L.R.A.  576. 


1146 


IKDEX  TO  L.R.A.  NOTES. 


RAILROAD  YARDS. 

Supervising  employees  in,  as  vice  principals. 
51  L.R.A,  552,  581. 


RAILWAY  POLICE. 

Authority  of  superior  officer  of  railway  po- 
lice to  contract  for  services  of  other 
persona.     L.R.A.1918F,  65. 


RAILWAYS. 


See  R\iLKOADS. 


RAIN. 

Carrier's  liability  for  injury  to  passenger  by 
rain  from  open  doors  or  windows.  11 
L.R.A.(N.S.)   926. 

Effect  of,  on  question  of  negligence  in  run- 
ning train  at  speed  preventing  stoppage 
within  distance  disclosed  by  headlight. 
39  L.R.A.  (N.S.)   980. 

Liability  of  railroad  company  to  employees 
for  injuries  caused  by  defects  in  road- 
bed caused  or  accompanied  by  rainiall. 
49  L.R.A.  (N.S.)    198. 


RAISED  CHECKS. 

See  Banks,  §§  24,  29. 


RAISING. 

Of  commercial  paper,  see  Banks,  §§  24,  29; 
Bills  and  Notes,  §  16. 


RAISING  BLOOD. 


What  constitutes,  within  meaning  of  insur- 
ance policy.    23  L.R.A.  (X.S.)  917. 


♦  •» 


RANGE. 

As  part  of  realty.     1  B.  R.  C.  972. 

♦*-♦ 

RANGER. 

Of  royal  park  as  a  tenant.    4  L.R.A. (N.S.) 
713,  719. 


RANSOM. 


Of  vessel  captured  by  pirates;  jurisdiction 
of  admiralty  over  suit  as  to.  66  L.R.A. 
207. 

Begin  with  this  booTc  on  every  law  question. 


RAPE. 

§    1.  Generally. 

Preparation  to  commit  assault  with  intent 
to  rape  or  ravish  as  distinguished  from 
overt  act  in  commission  of  offense  it- 
self.    42  L.R.A.  524. 

Right  of  husband  to  recover  for  illicit  inter- 
course witli  wife,  accomplished  bv  force. 
52  L.R.A. (N.S.)   373. 

Giving  liquor  or  drugs  to  female  with  view 
to  having  sexual  intercourse  with  her 
as  constructive  rape  or  assault  with  in- 
tent to  commit  rape.  46  L.R.A.  (N.S.) 
422. 

Impotency  or  senility  as  defense  to  prose- 
cution for  rape  or  assault  with  in- 
tent to  commit  rape.  L.R.A. 1915B, 
131. 

Of  female  of  unsound  mind.  L.R.A.1916F, 
742. 

Intercourse  secured  through  sham  marriage 
as  rape.     L.R.A.1916^^  796. 

Jurisdiction  to  punish  assault  with  intent 
to  rape  committed  on  Indian  reserva- 
tion within  state  limits.  L.R.A.1915F, 
591. 

Right  of  court  to  exclude  public  from  court 
room.  44  L.R.A. (N.S.)  583;  L.R.A. 
1918C,  1168. 

Argument  of  prosecuting  attorney  that  an 
acquittal  would  encourage  lynch  law 
as  ground  for  reversal.  51  L.R.A. 
(N.S.)    914. 

Former  jeopardy  in  case  of.  L.R.A.1915A, 
256. 

What  intoxication  will  excuse.  36  L.R.A. 
479. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.  576;  L.R.A.1915C,  569. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance.  38 
L.R.A. (N.S.)   313. 

§   2.  By  infant. 

Liability  of  infant  for.     36  L.R.A.  203,  208. 

§.  3.  Of  female  under  age  of  consent. 

Effect  of  statute  fixing  age  of  consent  in  de- 
fining statutory  rape  as  determining 
age  of  consent  for  marriage.  21  L.R.A. 
(N.S.)   847. 

Civil  liability  for  intercourse  with  child 
under  age  of  consent.  51  L.R.A. (N.S.) 
982. 

Does  statute  fixing  age  of  consent  render 
girl  below  that  age  incapable  of  sexual 
crime.    27  L.R.A. (N.S.)  872. 

Effect  of  defendant's  mistake  as  to  age  of 
girl,  under  statute  denouncing  sexual 
offenses  against  females  below  specified 
age.     25   L.R.A. (N.S.)    661. 

Evidence  of  specific  instances  to  prove  char- 
acter for  chastity  of  victim  of  crime. 
14  L.R.A.(N.S.)   723. 

§  4.  Evidence  in  prosecution  for. 

Proof  of  corpus  delicti  in  prosecution  for. 
68  L.R.A.  56,  70,  71,  73;  L.R.A.1916B, 
747. 


INDEX  TO  L.K.A.  NOTES. 


1147 


RAPE— cont'd 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.RJ\..  314,  322,  329;  48  L.R.A. 
CN.S.)  236. 

Evidence  of  other  crime  in  prosecution  for 
assault  with  intent  to  commit.  62 
L.R.A.  228;  48  L.K.A.(N.S.)   236. 

Presumption  and  burden  of  proof  as  to  chas- 
tity, where  it  is  an  ingredient  of  the 
offense  or  a  condition  of  conviction.  43 
L.R.A.(N.S.)    476. 

Right  of  accused  to  show  unchastity  of 
prosecutrix  in  statutory  rape.  48 
L.R.A.  (N.S.)   269. 

Evidence  of  specific  instances  to  prove  char- 
acter for  chastity  in  prosecution  for. 
14  L.R.A.(N.S.)  714;  L.R.A.1916B,  965. 

Impeachment  of  character  of  prosecutrix  for 
chastity  by  proof  of  prior  acts  of  in- 
tercourse with  defendant.  30  L.R.A. 
(N.S.)  173. 

May  the  corroboration  of  prosecutrix  nec- 
essary to  conviction  of  rape  be  supplied 
by  her  own  complaints  out  of  court. 
26  L.R.A. (N.S.)    1149. 

Admissibility  of  previous  statements  by  a 
witness  out  of  court  consistent  with  his 
testimony.     41  L.R.A. (N.S.)    886, 

Admissibility  of  declarations  by  prosecutrix 
as  res  gestce.    19  L.R.A.  744, 

Admissibility  of  declarations  of  infant  too 
young  to  be  sworn  as  a  witness  at  the 
trial.     65  L.R.A,  316, 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  on  prosecution 
for.     69  L.R.A,  204. 

Letters  identified  only  by  prosecutrix  as  cor- 
roboration of  her  testimony  to  prove 
rape.     49  L.R.A. (N.S.)    1198. 

Wire  as  witness  against  husband  in  prosecu- 
tion for.     L.R.A.1917E,  1134. 

Admissibilit}-  against  one  spouse  of  evi- 
dence of  facts  revealed  by  physical 
examination  of  other  spouse  who  would 
1)€  an  incompetent  witness,  49  L,R.A, 
(N.S.)  563. 


RATES. 

§    1.  Generally. 

Of  interest,  see  Inteeest,  §  19. 
See  also  Rentals. 

Is  exempt  portion  of  estate  to  be  included 
or  excluded  in  determining  amount  for 
purpose  of  fixing  rate  of  succession  tax. 
51  L.R.A.  (N.S.)   1075. 

Of  compulsory  pilotage  fees.    39  L.R.A.  191. 

Libel  in  charging  one  with  exacting  exces- 
sive rates.     40  L.R.A. (N.S.)   79. 

§   2.  Of  public  service  corporations. 

Of  carrier,  see  Carriebs,  §§  154-160. 

For  ferry,  see  Ferries,  §  7. 

For  gas,  see  Gas,  §§  7,  8, 

Of   insurance,  see  Insurance,  §   119, 

For   driving,   floating,   or   rafting   logs,   see 

Logs  and  Logging,  §  10. 
For  mills,  see  Mills,  §  4. 
Of  telegraph  company,  see  Telegraphs,  §  7. 
Corifnilt  also  L.R.A.  Digests  of  Cases. 


RATES— cont'd 

Of  telephone  company,  see  Telephones, 
§§  5-7. 

Of  warehousemen,  see  Warehousemen,  §  3. 

For  water,  see  Waters,  §§  97,  120-123." 

For  use  of  wiiarf,  see  Wharves,  §§  1(J,  11. 

Equity  jurisdiction  to  fix,  see  Equity,  §  20. 

Constitutionality  of  provision  as  to,  see 
Constitutional  Law,  §  143. 

Reasonableness  of  matters  relating  to,  see 
Reasonableness,  §  4. 

Valuation  of  public  utility  plants  and  re- 
turn of  public  service  corporation  for 
rate-making  purposes,  see  Public 
Service  Corporations,  §§  5,  6. 

Power  of  public  service  corporation  as  to 
enforcing  prompt  payment  of  rentals, 
see  Public  Service  Corporations,  §  3. 

Right  of  state  to  maintain  action  to  re- 
cover excess  rates  or  charges  exacted 
of  individuals  by  public  service  corpo- 
rations.     L.R.A.1916C,    336. 

Right  of  individual  patron  to  question  rea- 
sonableness of  rate  of  public  utility  if 
within ,  limits  of  legislative  authority. 
L.R.A.1918A,  389. 

Consumer's  right  to  compel  public  service 
corporation  to  respect  rates  stipulated 
in  contract  with  municipality.  L.R.A. 
1915D,  917. 

Incorporation  of  territory  into  municipal- 
ity as  affecting  existing  contract  of 
public  service  in  that  territory  as  to 
rate.     L.R.A.1916A,  1071. 

Giving  of  free  service  or  reduced  rates  by 
public  service  corporation  to  govern- 
mental agencies,  cities,  schools,  school 
children,  charities,  and  the  like  is  un- 
lawful discrimination.  L.R.A.1918D, 
904. 

Jurisdiction  of  Public  Utilities  Commission 
over  rates  as  limited  by  constitutional 
or  statutory  power  of  municipality  to 
regulate  utilities.    L.R.A.1918D,  315. 

Exercise  of  rate-making  power  as  illegal 
interference  with  corporate  manage- 
ment of  public  utility,  L,R.A,19]8F, 
277. 

Power  of  municipality  apart  from  contract 
to  regulate  the  rates  to  be  charged  by 
public  service  corporations,  33  L,R,A. 
(N,S.)   759;  43  L.R.A. (N.S.)   994. 

Power  of  municipality  operating  a  public 
utility  to  make  a  special  rate  to  a 
particular  company  or  person.  L.R.A. 
1916D,  996. 

Kinds  of  business  affected  with  a  public  in- 
terest subjecting  them  to  regulation 
and  control  in  respect  to  rates  or 
prices.     6  L.R.A.  (N.S.)    834. 

Suits  concerning,  against  state  officers,  as 
suits  against  the  state.  44  L.R.A. 
(N.S.)  215. 

Right  to  reduce  rates  of  public  service 
corporation  fixed  by  franchise  or 
charter.     L.R.A. 191 5C,   261. 

Right  to  raise  rates  of  public  service  corpo- 
ration fixed  by  franchise.  L.R.A.1915C, 
287. 

Effect  of  contract  with  patrons  to  preclude 
regulation  of  rates  of  public  service 
corporations.     L.R.A.1915C,   282. 


1148 


INDEX  TO  L.R.A.  NOTES. 


RATIFICATION. 

§    1.  Generally. 

Of  forged  instrument  or  signature,  see  For- 
gery, §  11. 

Of  loan,  see  Loan,  §  2. 

Of  invalid  marriage,  see  Marriage,  §  7. 

Of  invalid  contract,  see  Contracts,  §§  110, 
111. 

By  corporation,  see  Corporations,  §  34. 

Of  agent's  acts,  generally,  see  Principal 
AND  Agent,  §§  28-31. " 

Estoppel  by,  see  Estoppel,  §  12. 

Necessity  of  ratifying  payment  of  debt  by 
volunteer  or  stranger,     23  L.R.A.   122. 

Of  broker's  acts  in  finding  purchaser  or  in 
exchanging  principal's  property.  44 
L.R.A.  618. 

Liability  of  municipal  corporation  for  false 
imprisonment  and  unlawful  arrest  as 
affected  by.     44  i.R.A.  800. 

Damages  for  breach  of  warranty  by  exist- 
ence of  unexpired  lease  which  has  been 
ratified  by  grantee.  35  L.R.A.  (N.S.) 
779. 

Subsequent  ratification  of  unauthorized  de- 
struction as  revocation  of  will.  2  B. 
R.  C.  550. 

Retention  of  consideration  as  a  ratification 
defeating  defense  that  contract  was 
made  on  Sunday.    44  L.R.A. (N.S.)  289. 

By  connecting  carrier  of  contract  made  by 
initial    carrier.      52    L.R.A. (N.S.)    865. 

By  grantee  where  agreement  to  pay  mort- 
gage is  inserted  in  deed  by  mistake. 
L.R.A.1918A,  1005. 

Of  purchase  by  executor  or  administrator  at 
his  own  sale.    L.R.A.1918B,  43. 


RATIFICATION— cont'd 
§   5.  By  partners. 

Of  acts  of  partner  with  respect  to  partner- 
ship real  estate.     28  L.R.A.  101. 

Of  note  given  by  member  of  firm  after  disso- 
lution in  pavment  of  firm  debt.  32 
-     L.R.A.  ( N.S.  )'260. 

§    6.  By  client. 

Of  unauthorized  compromise  of  action  by 
attorneys.     31   L.R.A.  (N.S.)    529. 

Of  unauthorized  employment  of  associate 
counsel.     23  L.R.A.  (N.S.  I   708. 

Effect  of  failure  to  object  before  judgment 
to  iniautliorized  appearance  by  an  attor- 
ney upon  right  to  relief  from  judgment. 
L.R.A.1918B,  899. 


RATS. 


See  Vermin. 


RAVINES. 

As  water  courses.     15  L.R.A.  630. 
♦-•-♦ 


See  Rape. 


RAVISHMENT. 


READING   BILfLS. 


2.  By  husband.  Showing   by   journal    nonobsei-ra-rice   nY   re- 

Of  debt   previously   contracted   by   wife   by  i  qujrement  as  to  reading  Will.    4b  L.R.A. 


husband's   express   promise   to  pay. 

L.R.A.  (N.S.)    1048. 
Husband's  liability  for  necessaries  furnished 

wife    on    ground    of    ratification.      47 

L.R.A.(N.S.)  282. 
Husband's  liability  on  ground  of  ratification 

for   wife's   purchases   on   his   credit   of 

articles  for  her  personal  use.    65  L.R.A. 

549. 


§   3.  By  parent. 

By  parent  of  child's  act  in  making  contract 
other  than  for  necessaries.  39  L.R.A. 
(N.S.)   885. 

By  parent  of  child's  tort.  10  L.R.A.(N.S.) 
937. 


(N.S.)   14. 

Of  single  statute  enacting  code,  compilation 
of  law.s,  or  amendment  oy  numerous  sec- 
tions thereof  in  enacting  same.  55- 
L.R.A.  835. 


READVERTIS'EJUENT. 


26 


On  rejecting  bids  for  public  contract. 

L.R.A.  710. 
Necessity  of,  on  judicial  sale  on  adjourned 

or    postponed    date      38    L.R.A.  (N.S.) 

249. 


REAIi  ESTATte  AGENT. 


§   4.  By  employer. 

Of  employment  of  subagent  by  real  estate 
broker.     43  L.R.A. (N.S.)   802. 

Of  servant's  wrongful  appropriation  of 
thing  bailed.     29  L.R.A.  96. 

Of  servant's  wrongful  act  by  retaining  him 
in  service.    L.R.A.1918B,  155. 

Employer's  ratification  of  independent  con- 
tractor's tort  as  affecting  former's  lia- 
bility   for    injuries    occurring    during    As  proper  party  to  bring  suit,  see  Parties, 


See   Brokers. 


REAI;  PARTY  IN  INTEREST. 


work.    66  L.R.A.  956. 
Begin  with  this  hook  on  every  la^v  question. 


§  3. 


INDEX  TO  L.R.A.  NOTES. 


1149 


REAL  PROPERTY. 

g    I.  Generally. 

Abstracts  of  title,  see  Abstracts, 

Adverse  possession  of,  see  Adverse  Posses- 
sion. 

Assault  in  protection  of,  see  Assault  and 
Battery,  §  5. 

Injury  to,  by  blasting,  see  Blasting. 

Boundaries  of,  set;   Boundaries. 

Cloud  on  title  of,  see  Cloud  on  Title. 

Conditions  relating  to,  see  Conditions,  II. 

Conflict  of  laws  as  to  rights  in,  see  Conflict 
OF  Laws,  §§  26,  27. 

Construction  of  contracts  relating  to,  see 
Contracts,  §  67. 

Right  of  corporation  to  take  or  own,  see 
Corporations,  §§  26,  26a,  142. 

Right  of  foreign  corporation  to  own,  see 
Corporations,  §  142. 

Covenants  restricting  use  of  premises,  see 
Covenants,   §§   5-7,  21-25. 

Jurisdiction  in  matters  affecting  land  in 
other  state,  see  Courts,  §§  21,  22. 

Covenants  relating  to,  see  Covenants. 

Damages  for  injury  to,  see  Damages,  §§  10, 
71-79. 

Measure  of  damages  to  real  property  from 
nuisance,  see  Damages,  §§  17,  80. 

Measure  of  damages  for  breach  of  contract 
as  to.  see  Damages,  §§  31-34. 

Dedication  of,  see  Dedication. 

Description  of,   see  Description,  §  4. 

Condemnation  of,  see  Eminent  Domain. 

Equitable  conversion  of  personalty  into,  see 
Equitable  Conversion  ;  Wills, 
§§  116-118. 

Estoppel  to  claim  after  acquired  title,  see 
Estoppel,  §  5. 

Admissibility  of  declarations  of  former  own- 
er, see  Evidence,  §  233. 

Injunction  as  to,  see  Injunction,  §§  19-24. 

Conclusiveness  of  judgment  in  action  re- 
lating to,  see  Judgment,  §§  37,  37a. 

Limitation  of  actions  as  to,  see  Limitation 
of  Actions,   §§  9,  39-43,  55-57. 

Matters  as  to  Us  pendens,  see  Lis  Pendens. 

Notice  of  rights  in,  see  Notice,  §§  16,  17. 

Parties  plaintiff  in  action  affecting,  see  Par- 
ties, §  4. 

Partition  of,  see  Partition, 

Partnership  to  deal  in,  see  Partnership, 
§   4. 

Rights  of  deceased  partner's  estate  as  to, 
see  Partnership,  §  47. 

Possession  of,  see  Possession,  §§  1-4. 

Protest  as  to  rights  in,  see  Protest,  §  3, 

Possession  of,  see  Possession,  I. 

Valuation  of  property  of  public  utility  cor- 
porations, see  Public  Service  Corpo- 
rations, §  5. 

Recording  of  instruments  affecting  real 
property,  see  Records  and  Recording 
Laws.  §§  12-27. 

Timber  on.  see  Timber. 

Contracts  for.  see  Contracts,  §§  40-49,  58, 
59;  Specific  Performance;  Vendor 
and  Purchaser. 

Rights  in  land  under  water,  see  Waters, 
§§  12-17. 

Probate  of  wills  relating  to,  see  Wills, 
§§  47-56. 

Consult  also  L.R.A.  Digests  of  Cases. 


REAL  PROPERTY— cont'd 

As  to  fixtures,  see  Fixtures. 

As  to  flats,  see   Fl^ts. 

As  to  mines,  see  Mi.nes. 

Partnership  land,  see  Partnership,  §§  18- 

24. 
Public  lands,  see  Public  Lands. 
Tide  land,  see  Tide  Lands. 

Effect  of  foreign  bankruptcy  or  insolvency 
proceedings  or  assignment  for  creditors 
upon.     23  L.R.A.  44;  65  L.R.A.  362. 

Situs  of,  for  purposes  of  administration. 
24  L.R.A.  688. 

Right  to  plead  inconsistent  defenses  in  ac- 
tions relating  to.     48  L.R.A.  198. 

Right  of  insane  person  to  institute  proceed- 
ings affecting,  before  commission  of 
lunacy.     64  L.R.A.  524. 

Power  to  fill  low  lands  at  expense  of  owner. 
30  L.R,A.(N.S.)  709. 

May  a  state  court  protect  an  inchoate  in- 
terest in  real  property  under  attach- 
ment in  suit  pending  in  Federal  court 
or  vice  versa.     6  L.R.A.  (N.S.)    624. 

Removal  to  I'ederal  court  of  actions  relating 
to.     5  L.R.A. (N.S.)   69. 

Lien  on,  acquired  by  service  of  notice  in 
supplementary  proceedings.  3  L.R.A. 
(N.S.)  129. 

Federal  courts  following  state  decisions  as 
to  questions  concerning.  40  L.R.A.  (N. 
S.)  380. 

Duress  of  real  property.     L.R.A.1915B,  498. 

Doctrine  as  to  possibility  of  issue  extinct  aa 
affecting  property  rights.  48  L.R.A. 
(N.S.)    865. 

Real  property  or  things  savoring  of  realty 
as  the  subject  of  larcenv.  49  L.R.A. 
(N.S.)    965. 

Right  of  action  for  statements  affecting 
value  of  real  property,  other  than  those 
relating  to  title.     6  B.  R.  C.  509. 

Real  estate  as  "effects"  within  meaning  of 
will.    L.R.A.1918F,  775. 

§   2.  What  regarded  as. 

What  constitutes  real  property  for  purpose 
of  taxation,  see  Taxes,  §  21. 

See  also  Equitable  Conversion;  Wills, 
§§  116-118. 

Rights  under  optional  land  contract  as  real 
or  personal  property.  L.R.A.1916F, 
358. 

Classification  of  growing  fruit  as.  16  L.R.A. 
103. 

Oil  and  gas  lease  as  real  property.  42 
L.R.A. (N.S.)   472. 

Whether  railroad  is  real  estate  or  personal- 
ty.    66  L.R.A.  33. 

Nature  of  interest  of  vendor  or  vendee  in  a 
land  contract  as  real  or  personal  prop- 
erty.    57  L.R.A.  643. 

§   3.  Title  to,  or  estate  in. 

Estate  by  curtesy   in,   see  Curtesy,   §   21. 
Dower  in,  see  Dower. 
Homestead  in,  see  Homestead. 
By  adverse  possession,  see  AovjaiSE  Posses- 
sion. 
Rights  of  cotenants  as  to,  see  Cotenanct. 


1150 


INDEX  TO  L.R.A.  NOTES. 


REAL  PROPERTY— cont'd 

Effect  on  legal  title  of  a  conveyance  in 
fraud  of  creditors,  see  Fbaudulent 
Conveyances,   §  4. 

Rights  of  hus'band  and  wife  in,  see  Husband 
AND  Wife,  IV. 

Respective  rights  of  life  tenants  and  re- 
maindermen, see  Life  Tenants. 

Notice  of  rights  in,  see  Notice,  §§  16,  17. 

Notice  of,  from  possession  of  land,  see  No- 
tice, §  17. 

Estoppel  of  one  who  permits  title  of  real 
property  to  stand  in  another's  name 
to  assert  title  as  against  the  latter's 
creditors.     46  L.R.A.(N.S.)    1097. 

Effect  upon  title  to  real  property  of  ap- 
pointment of  foreign  receiver.  23 
L.R.A.  57. 

Sufficiency  of  equitable  title  to  sustain  ac- 
tion for  injury  to.  30  L.R.A.(N.S.) 
231. 

§   4.  Sale  or  transfer  of. 

Liability  for  defects  in  abstract  of  title,  see 
Abstracts,  §  2. 

Conflict  of  laws  as  to  transfer  of,  see  Con- 
flict OF  Laws,  §§  25,  28,  29. 

Extent  of  recovery  for  taking  of,  undei 
power  of  eminent  domain,  see  Dam- 
ages, §§  82-93. 

Conveyances  of,  generally,  see  Deeds;  Quit- 
claim Deed. 

As  to  champertous  conveyances,  see  Cham- 
perty AND  Maintenance. 

Character  and  nature  of  estate  passing  un- 
der deed,  see  Deeds,  §§  28-31. 

Taking  of,  under  power  of  eminent  domain, 
see  Eminent  Domain. 

Power  of  personal  representative  to  sell, 
see  Executors  and  Administrators, 
§  17. 

Sale  of,  by  personal  representative,  see  Ex- 
ecutors   AND    Administrators,    §    59. 

Gift  of,  see  Gift,  §  5. 

Sale  of,  by  guardian,  see  Guardian  and 
Ward,   §   14. 

Conveyance  of,  in  fraud  of  creditors,  see 
Fraudulent  Conveyances. 

Injunction  against  transfer  of,  see  Injunc- 
tion, §  15. 

Lease  of,  see  Landlord  and  Tenant,  III. 

As  subject  of  levy,  see  Levy  and  Seizure, 
§  4. 

Mortgage  of,  see  Mortgage. 

Partition  of,  see  Partition. 

Perpetuities  and  suspension  of  power  of 
alienation,  see  Perpetuities. 

Sale  under  power,  see  Powers. 

Rights,  duties  and  liabilities  on  transfer  of, 
see  Vendor  and  Purchaser. 

Character  and  nature  of  estate  passing  un- 
der will,  see  Wills,  §§  77-102. 

Devise  of,  generally,  see  Wills,  V. 

Effect  of  a  devise  or  bequest  of  business  to 
carry  the  realty  upon  which  the  busi- 
ness is  conducted.    L.R.A.1917D,  439. 

Devise  of  real  property  by  nuncupation. 
L.R.A.1916E,  1132. 

Degree  of  proof  necessary  to  establish  parol 
gift   of.     9   L.R.A.(N.S.)    508. 

Sale  of,  as  an  abandonment.  10  L.R.A.  (N. 
S.)  633. 

Begin  tdth  this  hooTe  on  every  law  question. 


REAL  PROPERTY— cont'd 

Validity  of  sale  of,  in  violation  of  law.  12 
L.R.A.(N.S.)   598. 

Right  to  preliminary  injunction  which 
would  have  effect  of  transferring  pos- 
session from  defendant  to  plaintiff.  39 
L.R.A.  (N.S.)   31. 


REASONABLE   DOUBT. 

Proof  bevond  in  criminal  case,  see  Evidence, 
§§  323-325. 

Degree  of  certainty  necessary  to  establish 
fraud  in  a  civil  action.  33  L.R.A.  (N. 
S.)  836. 

Instruction  in  homicide  cases  upon  rule  of 
reasonable  doubt  with  reference  to 
cause  of  death.     49  L.R.A. (N.S.)    913. 


Of 


REASONABLENESS. 

§    1.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  110. 
Of  time,  see  Time,  §§6,  12. 
Question  for  jury  as  to,  see  Trial,  §§  23,  24. 

Of  rule  in  Shelley's  Case.  29  L.R.A. {N.S.) 
988. 

Reasonableness  of  use  after  breach  of  war- 
ranty or  noncompliance  with  contract 
of  sale  as  a  question  for  court  or  jurv. 
36  L.R.A.  (N.S.)   474. 

Rights  conferred  by  grant  of  unrestricted 
easement  as  limited  to  a  reasonable  use. 
15  L.R.A.(N.S.)  292. 

Of  agreement  in  restraint  of  trade  ancillary 
to  sale  of  business  or  profession.  24 
L.R.A.  (N.S.)    913. 

Of  sum  of  which  carrier  may  be  required 
to  take  passenger's  fare  and  return 
change.  35  L.R.A.  489;  21  L.R.A.(N.S.) 
868. 

detention    of   prisoner   as    affecting   of- 
ficer's liability.     51   L.R.A.   216. 

Of  classifications  for  purposes  of  corporate 
taxation.     60  L.R.A.  345. 

Of  punishment  of  pupil.     65  L.R.A.  897. 

Of  fines  in  loan  associations.    35  L.R.A.  217. 

Of  amount  of  alimony  awarded  on  absolute 
divorce.     44  L.R.A. (N.S.)    1015. 

Of  agreement  in  restraint  of  trade  ancil- 
lary to  sale  of  business  or  profession. 
L.R.A.1916C,  626. 

Of  regulations  as  to  speed  of  automobiles. 
UR.A.1918D,  135. 

§  2.  Matters  as  to  banks. 

Of  care  of  savings  bank  in  paying  out  de- 
posits to  fraudulent  claimants.  69 
L.R.A.  317. 

Of  by-law  of  savings  bank  for  protection  of 
depositors  from  payments  to  fraudu- 
lent claimants.     69  L.R.A.  326. 

§  3.  Matters  as  to  waters. 

Of  correlative  acts  of  upper  and  lower  pro- 
prietors as  to  use  and  flow  of  •water  in 
stream.    41  L.R.A,  738. 


INDEX  TO  L.K.A,  NOTES. 


1151 


REASONABLENESS— cont'd 

Of  use  of  percolating  water.    6  L.R.A.(N.S.) 

266. 
Discontinuing  service  to  compel  payment  of 

unreasonable  water  bill.     31  L.R.A.  (N. 

S.)  303. 

§  4.  :Matters  as  to  rates  or  prices. 

Of  license  fees,  see  License,  §§  47-49. 

Reasonable  return  to  which  public  service 
corporations  are  entitled.  L.R.A. 
iyi5A,  21. 

Tests  of  reasonableness  of  •  tolls,  rates,  or 
prices  fi.xed  by  legislature.  33  L.R.A. 
185. 

Elements  entering  into  determination  of 
reasonableness  of  railroad  rates  pre- 
scribed bv  state  for  local  traffic.  15 
L.R.A.(N^S.)  108;  25  L.R.A.{N.S.) 
1001. 

Right  to  question  reasonableness  of  statu- 
tory rate  for  gas.    15  L.R.A.  (N.S.)  763. 

Discontinuing  service  to  compel  payment  of 
unreasonable  water  bill.  31  L.R.A.  (N. 
S.)   303. 

§  3.  Matters  as  to  skill,  care,  or  negli- 
gence. 

Of  municipal  diligence  in  caring  for  condi- 
tion of   streets.     20  L.R.A. (N.S.)    581. 

§  fi.  Of  amount  fixed  as  liquidated 
damages. 

Reasonableness  of  amount  stipulated  for  as 
liquidated  damages  in  land  contract. 
34  L.R.A.  (X.8.)  27. 

Of  stipulation  for  damages  in  building  con- 
tracts as  determining  whether  ])enalties 
or  liquidated  damages  are  intended. 
34  L.R.A. (N.S.)   600. 

8    7.  Of  by-laws,  rules,  and  regulations. 

Of  carrier's  rules,  see  Cakrieks,  §  4. 

Of  regulation  of  draymen.  45  L.R.A. (N.S.) 
•1156. 

Of  new  by-laws  as  implied  condition  of 
consent  to  change  of  by-laws.  8  L.R.A. 
(N.S.)  521. 

Of  Ijy-law  of  savings  bank  for  protection  of 
depositors  from  payment  to  fraudulent 
claimants.     69  L.R.A.  326. 

Of  regulation  of  public  service  corporation 
requiring  pavment  of-  rentals  in  ad- 
vance. 19  L.R.A.(N.S.)  693;  31  L.R.A. 
(N.S.)  319. 

Of  ordinance  aflfecting  operation  of  rail- 
roads.    5  L.R.A.(N.S.)    193. 

Of  rules  as  to  office  hours  of  telegraph  com- 
panies.    53   L.R.A.   732. 

Of  rules  promulgated  for  conduct  of  mas- 
ter's business.     43  L.R.A.   361. 


REASONABLE  TIME. 


REASSESSMENT. 

For  local  improvement,  see  Public  Impeove- 

MENTS,  §  30. 
Of  taxes,  see  Taxes,  §  59. 


See  Time,  §§  6,  K. 
Consult  also  L.R.A. 


♦  •» 


REASSIGNMENT. 

Of  homestead,  see  Homestead,  §  21. 

♦-•-♦ • 

REBATES. 

By  carrier,  see  Carriicrs,  §  160. 

Validity  of  contract  for.  12  L.R.A. (N.S.) 
609. 

Validity  of  rebate  plan  to  control  price  at 
which  an  article  shall  be  resold.  27 
L.R.A. (N.S.)   396. 

Custom  among  real  estate  agents  to  take  re- 
bates from  other  party  as  affecting 
right  to   compensation  from   employer, 

34  L.R.A.(N.S.)    1047. 
Applicability  of  statute  against  rebates  to 

allowance  by  agent  to  insured  of  part 
of  former's  commission.  23  L.R.A.  (N. 
S.)  722. 

General  liability  of  municipality  for  assess- 
ments for  local  improvements  wiiere  it 
grants  rebates  to  property  owners.  32 
L.R.A.(N.S.)   178. 

Criminal  responsibility  of  corporation  for 
granting.     2  B.  R.  C.  252. 

Recovering  back,  invalid  tax  paid  to  obtain 
rebate.     28  L.R.A. (N.S.)   1045. 

Agreement  made  at  inception  of  insurance 
policy  with  respect  to  payment  of  pre- 
miums as  discrimination  or  rebate. 
L.R.A. 1918D,   194. 

Effect  of  rebate  on  insurance  premium  upon 
contract  of  insurance  and  its  incidents. 

35  L.R.A. (N.S.)  485;  49  L.R.A. (N.S.) 
147. 


REBELLION. 


Right  to  recover  price  of  property  sold  in 
aid  of  rebellion.     15  L.R.A.  834. 


•♦»♦■ 


REBUILDING. 

Insurer's  option  as  to,  see  Insurance,  §  174. 

♦>•-♦ 

REBUKE. 

To    attorney    during    trial    as    prejudicing 
rights  of  party.     42  L.R.A. (N.S.)   42&. 


REBUTTAL. 


Digests  of  Cases. 


See  Evidence,  §§  276,  277. 


1152 


INDEX  TO  L.R.A.  NOTES. 


RECALL. 

See  Initiative,  Eefebendum,  and  Recall, 
§  2. 


RECAPTURE. 


Of  property,  assault  during,  see  Assault 
AND  Battery,  §  5. 

Of  personal  property  generally,  see  Person- 
al Property,  §  8. 

Right  of  peace  officer  to  enter  dwelling  to 
recapture  escaping  prisoner.  16  L.R.A. 
501. 

Homicide  in  making.     67  L.R.A.  303. 
Escaped  convicts.     67  L.R.A.  303. 

Riglit  of  seamen  to  salvage  on  recapture  of 
ship  from  pirates,  enemeis,  or  bellig- 
erents.    64  L.R.A.  199. 


RECEIPT. 


§    1.  Generally. 

Admissibility  of,  in  evidence,  see  Evidence, 

§  136. 
Of  warehouseman,  see  Warehousemen,  §  5. 

Parol  evidence  to  vary,  in  favor  of  or 
against  a  stranger  to  the  contract. 
L.R.A. 1916A,   597,   608. 

For  part  payment,  as  accord  and  satisfac- 
tion.   20  L.R.A.  787:  L.R.A.1917A,  719. 

Demanding  receipt  as  condition  of  pavment 
as   duress.      1   L.R.A.  (N.S.)    867.' 

To  whom  delivery  mav  be  made  under  ship- 
ping receipts.    38"^  L.R.A.  362. 

§   2.  Alteration  or  forgery  of. 

Presumption    as   to   time   of   alteration    in. 

39   L.R.A. (N.S.)    100. 
Forgery  by  making  or  altering.     54  L.R.A. 

796. 
Uttering  or  publishing  of  forged  receipt.     S 

L.R.A.(N.S.)    1178. 

§   3.  Effect  of. 

As  evidence  of  payment  as  against  third 
parties.    29  L.R.A.  737. 

Right  of  insurance  company  to  rely  on 
clause  giving  it  option  as  to  payee 
of  proceeds  of  policy  and  making  re- 
ceipt conclusive  evidence  of  payment 
to  proper  person.  20  L.R.A. (N.S.) 
928. 

As  affecting  question  whether  taking  of 
commercial  paper  operates  as  pavment 
of  debt.     35  L.R.A.(N.S.)    103. 

Effect  of  giving  receipt  on  transfer  with- 
out indorsement  of  worthless  check  or 
note  of  third  person.  10  L.R.A. (N.S.) 
539. 

Elffect  of  receipt  by  carrier  for  goods  sold 
to  satisfy  statute  of  frauds.  22  L.R.A. 
426. 


Begin  tvith  this  hoolc  on  every  law  question. 


RECEIVERS, 

I.  In  cfeufval,  §   1. 
II.  Appointment,   §§   2-10. 
III.  mghts  and  jmuers,  §§  11-14:. 
IV.  Liahilitif ;  claims;  priorities;  set- 
off; receivers'  certificates;  liens, 
§§   15-21. 
V.  Actions;      accounting;      garnish- 
ment of,  §§  22-25. 
VI.  Cost  of  receivership,   §  26. 
VII.  Foreign  receivers,  §  27. 
VIII.  Sales  by,   §  28. 

I.  In  general. 

§    1.  Generally. 

Taxation  of  property  in  hands  of  receiver. 

L.R.A.1915E,  211. 
Injunction  against  strike  by  emplovees  of. 

28  L.R.A.  471. 
Whose    servants    are    employees    operating 

railroads  for  receivers.     37  L.R.A.  85. 
Right    of    officer    of    corporation    to    refuse 

to  turn  over  books  to  a  receiver  xipon 

the  ground  that  they  have  a  tendency 

to   incriminate   him.     30   L.R.A.  (N.S.) 

725. 
Federal  courts  following  state  decisions  as 

to   construction   and   effect   of   statutes' 

relating    to    receiverships.      40    L.R.A. 

(N.S.)   431. 
Effect  of  bankrupt  law  on  receiverships.     45 

L.R.A.  190. 
Liability  of  corporation  on  cause  of  action 

for  tort  arising  while  the  corporation 

was  in  the  hands  of  a  receiver.     L.R.A. 

191 8F,  320. 

//.  Appointm^ent. 

§   2.  Generally.  - 

Appointment  of  receivers  of  corporation  to 
protect  creditors.     20  L.R.A.  214. 

Appointment  of  receiver  for  dissolved  cor- 
poration.    L.R.A.1917D,   1035. 

Dissensions  in  management  of  corporation  as 
ground  for  appointment  of  receiver. 
L.R.A.1918D,  229. 

Right  of  stockholder  to  sue  for  appointment 
of  receiver  on  account  of  transactions 
occurring  prior  to  his  acquisition  of 
stock.    L.R.A.1917F,  704. 

Right  of  simple  contract  creditor  to  the  ap- 
pointment of  a  receiver  of  the  property 
of  his  individual  or  firm  debtor.  L.R.A. 
1918C,  632. 

Right  to  have  receiver  appointed  to  take 
charge  of  claims  not  legally  or  equita- 
bly enforceable.     5  L.R.A. (N.S.)   771. 

When  may  notice  of  application  for  ap- 
pointment of  receiver  of  growing  crop 
be  dispensed  with,  11  L.R.A.(N.S.) 
960. 

Time  from  which  order  appointing  receiver 
becomes  operative,  15  L.R.A. (N.S.) 
657. 

§   3.  Jurisdiction  to   appoint. 

Jurisdiction  of  equity  to  appoint  receiver 
of  real  property  in  another  state  or 
country.    69  L.R.A.  693. 


INDEX  TO  L.K.A.  NOTES. 


1153 


RECEIVERS,  II.— cont'd 

Jurisdiction  of  equity  to  appoint  to  pre- 
serve status  quo  pending  actioi  or 
proceedings  before  other  tribunal.  38 
L.R.A.(N.8.)    228. 

Inherent  jurisdiction  of  equity,  inde- 
pendently of  statute,  at  the  instance  of 
stockholders,  to  appoint  a  receiver 
because  of  mismanagement  or  fraud  of 
its  officers.  39  L.R.A.(N.S.)  Ifl32; 
L.R.A.1915A,  606. 

Power  to  appoint  receiver  for  foreign  cor- 
poration for  which  no  domiciliary  re- 
ceiver has  been  appointed.  L.R.A. 
1917D,  295. 

§  4.  exhausting  remedies  at  law  as  a 
condition  of  judgment  creditor's 
right  to  a  receivership. 

General  rule.     33  L.R.A.  646. 

Common-law  writ  must  have  been  sued  out. 
33  L.R.A.  546. 

Necessity  of  a  return.     33  L.R.A.  546. 

Remedies  must  be  shown  to  have  been  ex- 
hausted.    33  L.R.A.  548. 

Irregular  return.     33  L.R.A.  549. 

What  other  remedy  will  bar  receivership. 
33  L.R.A.  549. 

Statutory  changes.     33  L.R.A.  549. 

Supplementarv  proceedings.     33  L.R.A.  550. 

Effect  of  laches.     33  L.R.A.  551. 

S  5.  Power  to  appoint  receivers  of  cor- 
poration when  no  other  relief 
asked. 

Appointing  receivers  of  corporations  in  a 
direct  action  for  that  purpose.  20 
L.R.A.  210. 

Proceedings  under  the  statutes.  20  L.R.A. 
211. 

In  case  of  consent.     20  L.R.A.  213.     • 

Right  to  receiver  on  failure  to  elect  oflBcers 
or  upon  corporation  ceasing  to  act.  20 
L.R.A.  213. 

Appointment  of  receivers  where  the  officers 
disagree  as  to  management.  20  L.R.A. 
213. 

Appointment  of  receivers  in  case  of  mis- 
management.   20  L.R.A.  214. 

Requiring  a  stockholder  to  seek  relief  first 
from  the  corporation.     20  L.R.A.  214. 

Appointment  of  receivers  for  building  as- 
sociations.    20  L.R.A.  214. 

Receiver  to  protect  creditors.  20  L.R.A. 
214. 

§   6.  Effect  of  appointment. 

Exclusiveness  of  jurisdiction  first  acquired  1 
where  receiver  has  been  appointed,  see 
Courts,  §  50.  i 

Effect  of  appointment  of,  on  compensation  j 
of    officers,    agents,    or    employees    for 
unexpired  term.     51  L.R.A.  146. 

Effect  of  appointment  of  receiver  for  in- 
sured on  fire  insurance.  19  L.R.A. 
(N.S.)   643. 

Effect  of,  on  right  of  set-off.    17  L.R.A.  458. 

Effect  of  appointment  of  receiver  for  cor- 
poration on  right  to  deal  with  corpora- 
tion   directly.      34    L.R.A. (N.S.)    1200. 

To  whom  notice  of  protest  or  nonpayment 
of  bill  or  note  should  be  given  after 
appointment  of  receiver.  61  L.R.A. 
900. 


RECEIVERS,  II.— cont'd 

Service  of  process  after  appointment  of  re- 
ceiver upon  person  designated  by  stat- 
ute to  receive  service  for  corporation. 
47  L.R.A.(N.S.)   179. 

Appointment  of  receiver  for  corporation  as 
affecting  its  right  to  sue.  50  L.R.A. 
(N.S.)   384. 

Interest  during  receivership  on  claims  accru- 
ing prior  to  appointment  of  receiver. 
L.R.A.1917D,  1157. 

§  7.  Exclusiveness  of  Jurisdiction  by 
appointment  of. 

See  CouBTS,  §  50. 

§   8.  Appeal  from  order  appointing:. 

Effect  of  appeal  from  order  appointing  a 
receiver  of  corporation  to  enable  a 
court  of  concurrent  jurisdiction  to  take 
jurisdiction.     22  L.R.A.(N.S.)   316. 

Effect  of  order  to  turn  back  the  property 
after  appeal  from  appointment  of  re- 
ceiver, upon  right  of  other  courts  to 
exercise  jurisdiction  over  it.  15  L.R.A. 
(N.S.)    963. 

§   9.  Costs  in  suit  for  appointment. 

Costs  of  receivership,  see  infra,  §  26. 

Allowance  of  attorney's  fees  in  suit  for 
appointment  of  receiver  of  corporation. 
54  L.R.A.  823. 

§    10.  Bonds  of  receiver. 

Effect  on  surety  on  bond  of,  of  judgment 
against  principal.  40  L.R.A.  (N.S.) 
721;  L.R.A.1918E,  818, 

III.  Rights  and  powers  of, 

§    11.  Generally. 

Action   by,   see   infra,   §   22. 

Right  of  receiver  in  supplementary  proceed- 
ings to  contest  will.    L.R.A.1918A,  462. 

Right  of  receiver  to  question  validity  of 
attachment,     35  L.R.A.  770. 

Right  of  receiver  of  drawer,  appointed  after 
the  issuance  of  a  draft  or  check  but 
before  its  presentation,  as  against  the 
holder.     2  L.R.A, (N.S.)    83. 

Right  of  receiver  to  appeal.  L.R.A.1915D, 
802. 

Right  of  lessor  as  against  receiver  of  lessee 
to  declare  forfeiture  for  breach  of  con- 
ditions or  covenants  prior  to  appoint- 
ment.    L.R.A.1915B,  998. 

Right  of  receiver  of  insurance  company  to 
fund  deposited  with  state  official  to  se- 
cure performance  of  contract,  46  L.R.A. 
(N.S.)   187, 

Power  of  railway  receiver  to  contract  for 
transportation  beyond  own  line.  31 
L.R.A.(N.S.)  33. 

Authority  of  receiver  of  initial  carrier  to 
extend  its  undertaking  beyond  its  own 
line.     31  L.R.A.(N.S,)    33. 

Right  of  receiver  of  foreign  corporation  to 
question  its  contracts  upon  the  ground 
that  it  had  not  complied  with  condi- 
tions of  doing  business,  L,R.A.1918A, 
504. 


Consult  also  L.R.A.  Digests  of  Cases.    73 


1154 


INDEX  TO  L.R.A.  NOTES. 


RECEIVERS,  III.— cont'd 

Right  of  receiver  in  behalf  of  general  cred- 
itors to  complain  of  failure  to  record 
contract  of  conditional  sale.  L.R.A. 
1917C,  442. 

g   12.  Right  of  possession. 

Effect  of  attachment  of  real  estate  to  defeat 
the  right  of  possession  of  receiver  sub- 
sequently appointed  by  another  court. 
3    L.R.A.(N.8.)    1073. 
Right  of  receiver  to  take  property  from  pos- 
session   of    stranger.       47     L.R.A. 
(N.S.)   744. 

§   13.  Rigiit  to  compensation. 

Right  of  partner  appointed  receiver  on 
liquidation  to  compensation.  17  L.R.A. 
(N.S.)  399;  L.R.A.1917F,  576. 

Right  of  surviving  partner  acting  as  re- 
ceiver to  compensation.  17  L.R.A. 
(N.S.)   408. 

Right  of  receiver  to  appeal  from  order 
affecting  his  compensation.  L.R.A. 
1915D,  808. 

§  14.  Riglit  to  deal  with  receivership 
for  own  benefit. 

Right  to  purchase.     1  B.  R.  C.  411. 
Dealings    otherwise    than    by    purchase.      1 
B.  R.  C.  413. 


IV.  Liability;  claims;  priorities;  set- 
off; receivers'  certificates;  liens, 

§    15.  Generally. 

Actions  against,  see  infra,  §  23. 
Accounting  by,  see  infra,  §  24. 
Garnishment  of,  see  infra,   §  ?5. 
Liability  for  interest,  see  Interest,  §  15. 
Liability  for  rent  of  premises  occupied  by, 
see  Landlobd  and  Tenant,  §  86. 

Liability  of  arbitrators  as  receivers  of 
property.     42   L.R.A.(N.S.)    281. 

Personal  liability  of  receiver  who  signs 
contract  adding  words  indicating  repre- 
sentative capacity  to  his  signature.  42 
L,R.A.(N.S.)    61. 

§   16.  For  what  liable. 

Liability  for  interest,  see  Interest,  §  15. 

For   torts   or   negligence    of    servants,      63 

L.R.A.  228. 
Liability  of  the  receiver  of  a  railroad  for 

personal   injuries   or   death   caused  by 

its  operation.     15  L.R.A.  262. 
Liability   for   paving   assessment   on   street 

railway.     46  L.R.A.  201. 
Obligation   of   receiver   on   the   contract   of 

the  partv  whose  property  he  holds.     16 

L.R.A.   90. 
Liability  for  rent  of  premises  occupied  by. 

59  L.R.A.  673. 
Duty   of    receiver   of   fund   to   pay   funeral 

expenses.     23   L.R.A.(N.S.)    201. 
Liabilitv  of  receiver  for  acts   or  contracts 

of  former  receiver.     L.R.A. 1916C,   520. 
Liability    of    receiver    for    continuance    ot 

nuisance    created    before    his    appoint- 
ment.    L.R.A.1916F,  1020. 
Begin  with  this  booTe  on  every  lofw  question 


RECEIVERS,  IV.— cont'd 

Criminal   liability  of   railroad  company  itt 

hands   of    receiver    for    blocking   street 

or     highway     crossing.       L.R.A.1915B, 

329. 
Liability  of,  for  loss  of  money  deposited  in 

bank.     45  L.R.A. (N.S.)   17. 
Liability  of  receiver  for  wrongfully  taking 

property  from  possession   of  stranger- 

47  L.R.A.(N.S.)   766. 

§    17.  Priority  of  claims. 

Right  of  preferred  stock  to  preference  a»^ 

to  capital.     21   L.R.A. (N.S.)    288. 
Are  claims  of  creditors  of  an  insolvent  com- 
pany   who    undertake    to    conduct    its- 
business  postponed  to  claims  or  debts 
incurred  during  their  management.    24 
L.R.A.(N.S.)   1166. 
Priority  of  claims  against  property  in  hands 
of  receiver  over  recorded  liens,     t 
L.R.A.(N.S.)      1013;      41      L.R.A, 
(N.S.)   695. 

§   18.  Set-off. 

Set-off  of  claims.     23  L.R.A.  313. 

Effect  of  appointment  of  receiver  on  right 

of  set-off.     17  L.R.A.  458. 
Right    to    set-off    against    receiver    claims 

purchased  after  insolvency.     21  L.Rj^, 

280. 

§    19.  Liens. 

Power  to  permit  receiver  of  a  private  cor- 
poration to  create  liens  on  its  prop- 
erty.    16  L.R.A.  603. 

§   2  0.  Receivers'  certificates. 

Priority  of  receivers'  certificates  of  indebt- 
edness. 9  L.R.A.  143;*  2  L.R.A. (N.S.) 
1052,  1063. 

§  21.  Liability  of  insolvent  for  acts  of 
receiver. 

Criminal  prosecution  of  corporation  for  acta 
or  omissions  while  in  the  hands  of  a 
receiver.     26  L.R.A.  710. 

V.  Actions;     accounting;     garnishment 
of. 

§   22.  Actions  by. 

To  enforce  liability  of  stockholders,  see 
Corporations,  §  116a. 

As  real  partv  in  interest  bv  whom  action 
must  be  brought.    64  L.R.A.  609. 

Collection  of  notes  by  receiver  of  mutual 
fire  insurance  company.    32  L.R.A.  486. 

Power  of  receiver  to  sue  out  jurisdiction 
of   appointment.     4   L.R.A. (N.S.)    824. 

Right  of  foreign  receiver  to  sue.  23  L.R.A.. 
54. 

Right  of  creditor,  who  is  also  a  stock- 
holder of  an  insolvent  corporation,  to 
offset  debt  due  from  corporation  in 
action  by  receiver  to  enforce  his  statu- 
tory liability.     41  L.R.A.(N.S.)   996. 

§   23.  Actions  against. 

Necessity  of  leave  of  court  for  enforcement 
of  order  of  Public  Service  Commission 
against  receiver  operating  utility. 
L.R.A.1918E,  315. 


INDEX  TO  L.E.A.  NOTES. 


1155 


KECEIVERS,  v.— cont'd 

Jurisdiction  of  equity  to  try  claims  against 
its  receiver,  wJiich  involve  purely  legal 
questions.     13  L.R.A.(x\.S.)    709. 

Service  of  process  in  action  against  re- 
ceiver upon-  person  designated  by  stat- 
ute to  receive  service  for  corporation. 
47  L.R.A.(N.S.)   181. 

Right  of  receiver  to  appeal.  L.R.A.1915D, 
802. 

§   24.  Accounting  by. 

Right  of  court  to  surcharge  account  of,  in 
absence  of  objection  to  account,  or 
upon  an  objection  by  amicus  c-urice. 
18  L.R.A.(N.S.)    284. 

Right  of  receiver  to  appeal  from  decree 
settling  his  accounts.  L.RA.1915D, 
808. 

§   25.  Garnishment  of. 

Garnishment  of  money  due  from.    26  L.R.A. 

218. 
Right  to  attach  or  garnish   fund   in  hands 

of,  after  direction  to  pay  same  to  party. 

13  L.R.A.(N.S.)    758;   30  L.R.A.  (N.S.) 

720. 

VI.  Cost  of  receivership. 

§   2  6.  Generally. 

Costs  in  suit  for  appointment  of  receiver, 
see  supra,  §   9. 

Liability  for  cost  of  receivership  where  final 
judgment  is  against  the  party  who 
procured     the     receivership.       25 
L.R.A. (N.S.)   412. 
Right  of  receiver  to  be  indemnified  for  costs 
of   defending    an   action    charging   him 
with  fraud  or  misconduct.     2  B.  R.  C. 
423. 
What   court  has   jurisdiction   to   fix   attor- 
neys'  fees    for    services   in    suit   by    or 
against  receiver.     L.R.A.1915F,  1219. 

VII.  Foreign  receivers. 

§   2  7.   Generally. 

Conflict  of  laws  as  to  matters  aflFecting  re- 
ceiver, see  CoPiFLicT  of  Laws,  §  25. 

Service  of  process  after  appointment  of  for- 
eign   receiver    upon    person    designated 
by   statute   to   receive   service  for   cor- 
poration.    47  L.R.A.  (N.S.)    181. 
Power  of  receiver  to  sue  out  of  jurisdiction 

of  appointment.    4  L.R.A.  (N.S.)  824. 
Rights   of   receiver   as   to   property   outside 
of  tlie  jurisdiction   in  which  he  is 
appointed.     23  L.R.A.  52. 

VIII.  Sales  by. 

§   28.  Generally. 

Sale  by  receiver  as  violation  of  covenant 
in  lease  against  assignment  or  sale.  14 
L.R.A.(N.S.)    1203. 

Right  of  receiver  to  purchase  property.  1 
B.  R.  C.  411. 

Right  of  purchaser  at  receiver's  sale  of  land 
subject  to  mortgage  to  question  valid- 
ity of  the  mortgage.    L.R.A.1917C,  839. 

Consult  also  L.B.A.  Digests  of  Cases. 


RECEIVER'S  CERTIFICATES. 

See  Receivers,  §  20. 

♦-►♦ 

RECEIVING  STOLEN  PROPERTY. 

Indictment  for,  see  Indictment,  etc.,  §  27b. 
As  to  larceny,  see  Labcent. 

Constitutionality  of  statute  making  the  re- 
ceiving of  certain  kinds  of  propertv  a 
criminal  offense.     L.R.A.1917F,  709." 

Statute  making  failure  to  inquire  as  to  pos- 
sessor's right,  equivalent  to  guilty 
knowledge.     46   L.R.A.(N.S.)    31. 

Instigation   to.     25   L.R.A.   345. 

Knowledge  necessary  to  convict  one  of  re- 
ceiving stolen  goods.  22  L.R.A. (N.S.) 
833. 

Where  property  in  question  was  stolen  in 
foreign  state  or  country.  28  L.R.A. 
(N.S.)   750. 

Prosecution  for  larceny  of  one  who  re- 
ceives or  sells  within  the  state  prop- 
erty actually  stolen  with  his  conniv- 
ance by  another  in  another  state.  42 
L.R.A. (N.S.)   207. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance. 
38  L.R.A. (N.S.)    314,   320. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  269. 

Proof  of  corpus  delicti  in  prosecution  for. 
68  L.R.A.  55. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.  577. 


RECENT  DEFECTS. 


Liability  of  township  for  injury  by  recent 
defects  in  highway.  13  L.R.A.  (N.S.) 
1273. 


RECENTLY  STOLEN  PROPERTY. 

Possession  of,  as  evidence  of  burglary.  12 
L.R.A.(N.S.)   199. 

Production  of  bill  of  sale  as  repelling  pre- 
sumption of  guilt  from  possession  of. 
39  L.R.A.(N.S.)   320. 


RECEPTACLES. 


Legislation  to  protect  manufacturers  or 
dealers  against  loss  of  receptacles  in 
which  their  products  are  put  up.  14 
L.R.A.(N.S.)  1128. 

Measure  of  damages  for  carrier's  delay  in 
delivery  of  receptacles  for  perishable 
goods.  24  L.R.A.(N.S.)  134;  40  L.R.A. 
(N.S.)  901. 

What  passes  under  bequest  of  contents  of. 
L.R.A.1915C,  653. 


1156 


INDEX  TO  L.R.A.  NOTES. 


RECEPTION. 

Of  evidence,  see  Trial,  §§  12-14. 
Of  verdict,  see  Tbial,  §§  76,  77. 


RECIPROCAL  RIGHTS. 

In   artificial    condition    of   bodv    of    water. 
50  L.R.A.  841. 


RECITALS. 


Effect  of  recital  as  to  security  on  negotia- 
bility of  paper,  see  Bills  and  Notes, 
§  23. 

As  to  consideration,  see  Contbacts,  §  17. 

Of  money  consideration  in  deed,  see  Deeds, 
§  14. 

Estoppel  by  recitals  in  bond  of  public 
corporation,  see  Estoppel,  §  2. 

Effect  of  recitals  in  bonus  stock.  38  L.R.A. 
492. 

Of  money  consideration  in  deed  as  contrac- 
tual.    68  L.R.A.  925. 

Recital  in  deed  as  evidence  of  heirship.  45 
L.R.A.  (N.S.)   93. 

In    deed   of   mortgaged    property   to   mort- 

,  gagee;  effect  on  question  of  merger. 
39  L.R.A.(N.S.)    843. 

Recital  in  note  as  to  security  as  affect- 
ing its  negotiability.  32  L.R.A.  (N.S.) 
858. 

In  will  of  conveyance  of  land  as  devise 
where  conveyance  was  not  in  fact  made 
or  proved  ineffectual.  3  L.R.A. (N.S.) 
645. 

Estoppel  by,  in  deed  or  mortgage  by  mar- 
ried woman.     22  L.R.A.  780. 


RECKLESS  DRIVING. 

Violation  of  ordinance  against  as  ground 
for  private  action.  5  L.R.A.  (N.S^.) 
254. 


RECKLESS  INJURY. 

As  an  assault.     14  L.R.A.  227. 


RECKLESS  STATEMENTS, 

As  a  fraud.     35  L.R.A.  431. 


RECLAMATION. 


Aa  justification  for  drainage  of  private 
lands.  49  L.R.A.  783. 

Taking  of  property  for  reclamation  of 
marshes  as  a  public  purpose.  22  L.R.A. 
(N.S.)    163. 

Immunitv  of  reclamation  district  from  lia- 
bility for  damages.    L.RJ^.1918B,  1010. 


RECLA>LVTION  DISTRICTS. 

Applicability  to,  of  Workmen's  Compensa- 
tion Acts.     L.R.A.1918F,  193. 


RECOGNITION. 


Of  illegitimate  child,  see  Illegitimaot,  § 
3. 

Effect  of  President's  recognition  of  the  Car- 
ranza  government.  L.R.A.1&17A,  280; 
L.R.A.1918E,  361. 

Waiver  of  purchaser's  right  to  rescind  con- 
tract for  purchase  of  real  property  by 
expressly  recognizing  the  contract.  30 
L.R.A.(N.S.)  878. 


RECOGNIZANCE. 

See  Bail  and  Recognizance. 


RECOMMENDATION. 

Recommendation  of  another  as  proper  sub- 
ject for  credit  as  ground  of  liability. 
L.R.A.1915A,    100. 


RECOMMENDATION  TO  MERCY. 

Intimation  that  recommendation  to  mercy 
would  be  entertained  as  ground  for  re- 
versal of  conviction.  40  L.R.A. (N.S.) 
239. 


RECOMMITMENT. 


Of  person  convicted  of  crime,  see  Cbiminal 
Law,  §  76. 

Recommitment  without  further  hearing  of 
person  discharged  from  insane  hospi- 
tal.    14  L.R.A.(N.S.)   468. 


RECONCILIATION. 


Power  of  court  to  allow  attorney's  fees  in 
divorce  suit  after  reconciliation  of  par- 
ties.     36   L.R.A. (N.S.)    1001. 

Effort  by  one  spouse  to  induce  other  to 
return  home  as  condition  of  desertion 
by  latter.     39  L.R.A. (N.S.)    1118. 

Effect  of,  on  separation  agreement.  43 
L.R.A.(N.S.)    1219. 

♦  « » 


RECONSIDERATION. 

Right  of  municipality,  county,  or  town  au- 
thorities to  reconsider  action  as  to  al- 
lowance of  claim.    21  L.R.A. (N.S.)  289. 


Begin  tcith.this  booTc  on  every  law  question. 


INDEX  TO  L.K.A.  NOTES, 


1157 


RECONVENING. 

Of  grand  jury,     27  L.R.A.  787. 


RECONVERSION. 


Of  partnership  real  estate,     27  L.R.A.  476. 

Into  real  property  after  equitable  conver- 
sion into  personalty  bv  contract  for 
sale  of  land.    57  L.R.A.  652. 


RECORDS  AND  RECORDING  LAWS. 

I.  In  general,   §§    1-5. 
II.  Records  of  legislature,   §   6, 
III.  Judicial  records,  §§  7,  8. 
IV.  Records  of  title,  §§  9-27. 

a.  To  personal  property,  §§  9- 

11. 

b.  To  real  property,  §§  12-27. 

1.  In  general,  §§  12-15a. 

2.  Who   entitled  to   protec- 

tion, §16. 

3.  What  may  be  recorded, 

§  17. 

4.  Requisites       and       suffi- 

ciency of  record,  §   18. 

5.  Necessity  for  recording; 

effect  of  failure,  §§19- 
22. 

6.  Time   of  recording;   de- 

lay, §  23. 

7.  As   notice;   effect  of  re- 

cording, §§  24-27. 

I.  In  general. 

§    1.  Generally. 

Amendment   of,   on   certiorari,   see   Cektio- 

BABI,   §   6. 
Inspection  of,  see  Discoveky  and  Inspkc- 

TION,  §   4. 

Judicial  notice  of,  see  Evidence,  §§  7,  8. 
Admissibility  of,  in  evidence,  see  Evidence, 

§§  126-129. 
Lost  records,  see  Lost  Instruments,  §  4. 
Of  mining  location,  see  Mines,  §  19. 

Libel  or  slander  by  charge  against  public 
officer  or  candidate  of  tampering  with 
public  records.     L.R.A.1918E,  40. 

Right  to  rent  or  other  compensation  from 
private  persons  or  corporations  mak- 
ing special  or  unusual  use  of  public 
records.     L.R.A.1918E,  942. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  recorder's  bond.  L,R.A.1917B, 
990. 

Parol  evidence  to  vary  or  supplement 
minutes  of  public  body.  50  L.R.A. 
(N.S.)    99. 

Sufficiency  of  record  of  benevolent  society 
as  to  expulsion  of  member  to  render  it 
conclusive  on  the  courts,  52  L,R.A. 
(N.S.)   813. 

Consult  also  L.R.A.  Digests  of  Cases. 


RECORDS  AND  RECORDING  LAWS,  I.— 
cont'd 

When  statute  begins  to  run  against  action 
by  private  person  based  on  breach  of 
duty  by  recording  officer,  52  L.R.A. 
(N.S.)   71L 

Loss  or  alteration  of,  as  ground  of  injunc- 
tion against  judgments.  30  L.R.A.  562, 
563. 

Presumption  as  to  time  of  alteration  in 
record.     39  L,R.A.(N.S.)   115. 

Form  of  Christian  name  required  in.  24 
L.R.A.  543. 

Discovery  of  matters  of  record  as  ground 
for    bill    of    review.    30    L.R.A.(N.S.)  ■ 
1042. 

Power  of  equity  to  cancel  false  records. 
14  L.R.A.(N.S.)   304. 

Denial  upon  information  and  belief  of  mat- 
ters appearing  on  public  records.  30 
L.R.A.(N.S.)  779. 

Admissibility  of  secondary  evidence  to  iden- 
tify,   2  L,R.A.(N.S.)   652, 

Use  of,  as  standard  for  comparison  of  hand- 
writing.   63  L.R.A.  435. 

May  records  of  sales  of  liquor  which  a  drug- 
gist is  required  by  law  to  keep  be  used 
as  evidence  against  him  in  a  criminal 
prosecution.     25   L,R.A,(N,S.)    ^18. 

§  2.  Right  to  Inspect  public  records. 

Records  of  title  to  real  property,  see  infra, 
§  13, 

Abstracters.     27  L.R.A.  82, 

Suits.    27  L.R.A.  83. 

Record  making  or  copying.     27  L.R.A.  83. 

Account  books  of  public  officers.    27  L.R.A. 

83. 
As  to  title  of  office.    27  L.R.A.  85. 
Liquor  records.    27  L.R.A,  85, 
Patent  records,    27  L.R.A.  85. 
Right  to  inspect  public  records  relating  to 

public  contracts.    41  L.R.A.  (N.S.)  280, 
Right  of  indicted  person  to  inspect  minutes 

of    grand    jury.    27    L.R.A.(N.S.)    558. 
Privilege  of  records  of  insane  asvlum.     51 

L.R.A.(N.S.)  22. 

§  3.  Index  as  part  of  record. 

Index  as  part  of  record  of  title.    14  L.R.A. 
393. 

§  4.  Necessity  of  recording;  effect  of 
failure  to  record. 

Instruments  transferring  personal  property, 

see  infra,  §  10. 
Instruments  transferring  real  property,  see 

infra,  §§  19-22, 

Release  of  surety  upon  creditor's  failure  to 
record  papers,     37  L.R.A. (N.S.)  710. 

Validity  of  statute  or  ordinance  requiring 
persons  engaged  in  the  business  of  loan- 
ing money  on  chattel  security  or  secu- 
rity of  wages  to  file  a  record  of  loans 
made.    25  L.R.A. (N.S.)  686. 

Who  may  take  advantage  of  failure  to  file 
assignment  of  a  building  contract  or  of 
the  money  due  thereunder.  L.R.A. 
1917F,  1127. 


1158 


INDEX  TO  L.R.A.  NOTES. 


RECORDS  AND  RECORDING  LAWS,  I.—    RECORDS  AND  RECORDING  LAWS,  III 


cont'd 
§   5.  Effect  of  recording. 

Instruments  transferring  personal  property, 
see  infra,  §  11. 

Instruments  transferring  real  estate,  see  in- 
fra, §§  24-27. 

Recording  of  forged  instrument  as  uttering 
or    publishing.      8    L.R.A.(N.S.)    1180. 

Effect  of  public  record  as  notice  or  evidence 
of  notice  to  start  statute  of  limitations 
against  action  based  on  fraud.  22 
L.R.A.{N.S.)   208. 

//.  Records   of   legislature. 

§   6.  Generally. 

Impeaclinient  of  enrolled  bill  by.  40  L.R.A. 
(X.S.)    31. 

Conclusiveness  of  enrolled  bill  as  to  com- 
pliance with  provisions  for  recording 
vote.     23  L.R.A.  342. 

Showing  by  journal's  failure  to  record  vote 
on  bill.     40  L.R.A.  (N.S.)    19. 

///.  Judicial  records. 

§    7.  Generally. 

On  appeal,  see  Appeal  and  Ebbob,  §§  18- 

23. 
In  criminal  case,  see  Criminal  Law,  §  90. 
Record  of  judgment,  see  Judgment,  §§  14- 

18. 

Right  to  have  record  of  arrest  canceled. 
L.R.A.1917E,  777. 

Judicial  notice  of  court's  own  record  in  oth- 
er actions.  11  L.R.A. (N.S.)  616;  29 
L.R.A.  (N.S.)   905. 

Denial  on  information  and  belief  of  court 
records.     30  L.R.A. (N.S.)    781. 

Admission  on  record  as  affecting  burden  of 
proof  and  right  to  open  and  close.  61 
L.R.A.  530. 

Of    finding    of    indictment.      28    L.R.A.    34. 

Record  of  bringing  indictment  into  open 
court.    26  L.R.A. (N.S.)   683. 

Right  of  indicted  person  to  inspect  minutes 
of  grand  jury.    27  L.R.A.  (N.S.)   558. 

Showing  of  record  as  to  number  and  agree- 
ment of  jurors.     43  L.R.A.  72. 

Effect  of  recording  verdict  on  right  to  cor- 
rect.    23   L.R.A.   735. 

Sufficiency  of  record  of  guardian's  bond.  33 
L.R.A.  762. 

Injunction  against  judgment  obtained  by 
fraud  in  matters  of  record.  30  L.R.A. 
791. 

Injunction  against  judgment  for  irregular- 
ities in.     30  L.R.A.  709. 

When  statute  begins  to  run  against  action 
by  private  person  based  on  breach  of 
duty  by  recording  officer.  52  L.R.A. 
(N.S.)    711. 

Parol  evidence  to  vary  judicial  record  in 
favor  of  or  against  a  stranger  thereto. 
L.R.A.1916A,  598,  608. 

Sufficiency  of  record  offered  to  prove  con- 
viction or  acquittal.  L.R.A. 1916B, 
954. 

§   8.  Amendment. 

On  appeal,  see  Appeal  and  Error,  §  21. 


cont'd 

Of  record  as  to  indictment.  26  L.R.A. 
(N.S.)    688. 

Amendment  of,  to  cure  defect  for  which  mo- 
tion in  arrest  of  judgment  has  been 
made.    67  L.R.A.  179. 

Power  of  trial  court  to  correct  its  records 
after  an  appeal  or  writ  of  error.  31 
L.R.A. (N.S.)  207. 

IV.  Records  of  title, 
a.  To  personal  property, 

§   9.  Generally. 

Recording    of    transfer    by    bankrupt,    see 

Bankruptcy,  §  16. 
Record   of   chattel   mortgage,   see   Chattel 

Mortgage,  §§  16-22. 
Of  transfer  of  corporate  stock,  see  Cobpoba- 

tigns,  §■  89. 
Record  of  goods  sold,  see  Sale,  §  19. 

Recording   of   bottomry   bonds.      70   L.R.A. 

429. 
Right  to  rely  on  representations  as  to.     37 

L.R.A.  603. 

§  10.  Necessity  of  recording;  effect  of 
failure. 

As  to  real  property,  see  infra,  §§  19-22. 

What  is  "personal  property"  within  regis- 
tration laws.    L.R.A.1917C,  629. 

Necessity  of  recording  instrument  creating 
lien  or  reserving  title  to  personal  prop-i 
erty  in  state  to  which  property  is  sub-/ 
sequentlv  removed.  64  L.R.A.  356;  35J 
L.R.A.(N.S.)   385;  L.R.A.1917D,  942.     ( 

Effect  of  failure  to  record  contract  of  con- 
ditional sale  on  vendor's  right  to  relief, 
in  case  of  purchaser's  bankruptcy.  38, 
L.R.A. (N.S.)   554. 

§    11.  Effect  of  recording. 

As  to  real  property,  see  infra,  §§  24-27. 

Recordation  of  lien  on  fixtures  as  personalty 
as  notice  to  purchaser  or  mortgagee  of 
realty.  1  B.  R.  C.  691;  49  L.R.A. (N.S.) 
400. 

b.  To  real  property. 

1.  In  general. 

§   12.  Generally. 

As  to  abstracts  of  title,  see  Abstbacts. 
Delivery  of  deed  for  record  as  delivery,  see 
Deeds,  §  8. 

Constitutionality   of   mortgage   registration 

tax.    L.R.A.1916A,  865. 
Requiring    mortgagor    to    pay   mortgage    or 

recording    tax     as    usurv.       .'il     L.R.A. 

(N.S.)   465;  L.R.A.1918F.  383. 
The  Torrens  Law.    L.R.A.1916D,  14. 
Right  to  relv  on  representations  as  to.     37 

L.R.A.  603. 
Of  assignment  of  lease.    15  L.R.A.  755. 
Record   of   raining   claim.      7    L.R.A. (N.S.) 

864. 


Begin  xvitJi  this  hook  on  every  law  question. 


INDEX  TO  L.E.A.  NOTES. 


1159 


RECORDS  AND  RECORDING  LAWS,  IV. 

b — cont'd 

Purchaset's  duty  to  examine  records  to  de- 
termine location  of  property.  38  L.R.A. 
(N.S.)  307. 

Eflfect  of  failure  to  pay  registration  tax  or 
fee.     42  L.R.A.(N.S.)   I4fl. 

Xiability  of  registrar  of  deeds  for  neglect, 
delay,  or  mistake  in  registering  or  in- 
dexing instrument  affecting  title  to  real 
property.    23  L.R.A.  ( N.S. )   127. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of  recording 
acts.     40  L.R.A. (N.S.)    420. 

Right  to  jury  in  proceedings  for  registra- 
tion of  land  titles.  41  L.R.A.  (N.S.) 
1044. 

§    13.  Right  to  inspect. 

Right  of  abstracters  to  inspect.     27  L.R.A. 

82. 
Right  to  inspect  public  records  as  to  bound- 

tuics  and  titles.    27  L.R.A.  84. 

§  14.  Conveyance  recorded  before 
grantor  obtained  title. 

The  doctrine  of  estoppel.     23  L.R.A.  561. 
The  doctrine  of  notice  from  registration.    23 

L.R.A.  565. 
Comparison  and  limitation  of  the  opposing 

principles.     23  L.R.A.  567. 

§  15.  Effect  of  quitclaim  deed  in  other- 
wise perfect  record  title. 

Quitclaim  purchasers  not  protected  against 

latent  equities.     29  L.R.A.  33. 
Purchaser  with  notice.     29  L.R.A.  34. 
Other  rulings.     29  L.R.A.  36. 
Distinction  between  conveyance  of  land  and 

of  mere  interest.    29  L.R.A.  37. 
Doctrine    of    the    United    States    Supreme 

Court.     29  L.R.A.   38. 
Where  not  protected.     29  L.R.A.  41. 
Where  entitled  to  protection.    29  L.R.A.  42. 
The  Iowa  doctrine.     29  L.R.A.   44. 
■Care  must  be  used.    29  L.R.A.  46. 
Remote    quitclaim    in    chain    of    title.      29 

L.R.A.  47. 
Eflfect  of  remote  quitclaim  in  chain  of  title 
upon  rights  of  subsequent  purchas- 
er.    25  L.R.A. (N.S.)    1035. 

§  15a.  Possession  under  unrecorded 
instrument  as  notice  of  title. 

See  Notice,  §  17. 

a.  Who  entitled  to  protection'. 

§    16.  Generally. 

Discharge  of  antecedent  debt  as  a  consid- 
eration sustaining  one's  character  as  a 
bona  fide  purchaser  or  encumbrancer. 
27  L.ILA.(N.S.)   620. 

Protection  of  purchaser  from  apparent 
vendee  under  instrument  apparently  a 
conveyance  but  intended  as  a  mortgage. 
32  L.R.A.(N.S.)    1046. 

night  of  one  claiming  through  heir  or  devi- 
see to  protection  against  unrecorded 
conveyance  by  ancestor  or  his  personal 
representative.      34    L.R.A. (N.S.)    328. 

CJonsult  also  L.R.A.  Digests  of  Cases. 


RECORDS  AND  RECORDING  LAWS,  IV. 

b,  2 — cont'd 
Right   of   heirs   to   protection    of    recording 
acts  as  against  acts  or  conveyances  of 
ancestor.     43  L.R.A. (N.S.)    1144. 
Protection   under   recording   acts   of    mort- 
gage given  as  security  for  pre-ex- 
isting,  debt.     33  L.R.A.(N.S.)    57. 

3.  What  may  be  recorded. 

§17.  Generally. 

What  may  be  recorded  under  the  Torrens 
Law.     L.R.A.1916D,   27. 

Lease  as  conveyance  within  meaning  of  re- 
cording statutes.    24  L.R.A.(N.S.)  879. 

4.  Requisites  and  sufficiency  of  record. 

§    18.  Generally. 

Certainty  and  accuracy  necessary  in  respect 
to  Christian  names  or  initials  in  record 
or  index  relied  on  as  imparting  con- 
structive notice.     7  L.R.A. (N.S.)    415; 

25  L.R.A.(N.S.)     1211;     L.R.A.1915D, 
1211. 

Mistake  in  description  of  property  as  affect- 
ing record   of   instrument   relating 
to    real     property.       L.R.A.1916A, 
530. 
Should    absolute    conveyance    which    is    in- 
tended as  a  mortgage  be  recorded  as  a 
deed  or  mortgage.     L.R.A.1916B,  600. 
Recordation  of  lien  on  fixtures  as  personal- 
ty as  notice  to  purchaser  or  mortgagee 
of  realty.    49  L.R.A. (N.S.)  400. 

5.  Necessity  of  recording;  effect  of 
failure. 

§    19.  Generally. 

As  to  personal  property,  see  supra,  §  10. 

Unrecorded  deed  as  color  of  title.  L.R.A. 
1915B,  1006. 

Failure  to  record  conveyance  as  a  fraud 
upon  creditors.    31  L.R.A.  638. 

Estoppel  by  allowing  record  title  to  remain 
in  another.  22  L.R.A.  256;  46  L.R.A. 
(N.S.)   1097. 

Eflfect  of  gap  in  record  title  on  marketabil- 
ity of  title.     38  L.R.A.(N.S.)   24. 

Eflfect  of  unrecorded  prior  conveyance  on 
marketability  of  title.  38  L.R.A.  ( N.S. ) 
32. 

Burden  of  proof  as  to  bona  fides  of  pur- 
chaser claiming  against  prior  unre- 
corded conveyance  or  encumbrance.  36 
L.R.A.(N.S.)   1124. 

When  local  law  deemed  to  require  register- 
ing or  recording  of  a  transfer  within 
meaning  of  §  60a  of  the  bankruptcy 
law.  5  L.R.A.(N.S.)  148;  18  L.R.A. 
(N.S.)    1233. 

Failure  to  record  defeasance  as  against  cred- 
itors of  grantee  in  deed  intended  as  a 
mortgage.     5  L.R.A. (N.S.)   387. 

Failure  to  record  conveyance  to  insured  as 
afifecting  his  sole  unconditional  owner- 
ship.    22  L.R.A.(N.S.)    732. 

Remedy  of  one  who  fails  to  record  a  deed 
against  his  grantor  who  subsequently 
conveys   to   an    innocent   third    person. 

26  L.R.A.(N.S.)  284. 


1160 


INDEX  TO  L.R.A.  NOTES. 


RECORDS  AND  RECORDING  LAWS,  IV. 

b,  5 — cont'd 

Eflfect  of  destruction  or  cancelation,  or  re- 
delivery to  grantor  for  that  purpose,  of 
delivered  but  unrecorded  deed.  18 
L.R.A.(N.S.)  1167;  34  L.R.A.{N.S.) 
495;   L.R.A.1918F,  402. 

May  one  be  a  "purchaser"  for  a  valuable 
consideration  where  nothing  capable  of 
money  measurement  is  given.  4  B.  R. 
C.  782. 

Effect  of  failure  to  record  lease  on  rights 
of  tenant  as  against  transferee  of  re- 
version.    L.R.A. 1915C,   195. 

§  20.  Priority  of  unrecorded  instru- 
ment. 

Priority  of  judgment  over  unrecorded  con- 
veyance, see  Judgment,  §  62. 

Priority  over  unrecorded  mortgage,  see 
Mortgage,  §  36. 

Priority  as  between  judgment  and  prior  un- 
recorded conveyance.  10  L.R.A.  411;* 
16   L.R.A.    668. 

Priority  of  unrecorded  deed  as  against  pur- 
chaser at  judicial  sale.     21  L.R.A.  33. 

Priority  as  between  unrecorded  deed  or 
mortgage  of  real  estate  and  lien  ac- 
quired by  attachment.  L.R.A.1918A, 
1089. 

When  mechanics'  lien  superior  to  earlier 
unrecorded   mortgage.      14   L.R.A.   306. 

Precedence  as  between  quitclaim  deed  and 
senior  unrecorded  deed.  12  L.R.A.  (N.S.) 
240;  26  L.R.A. (N.S.)   159. 

Precedence  as  between  conveyance  of  land 
for  a  nominal  or  inadequate  considera- 
tion and  senior  unrecorded  convevance. 
16  L.R.A.(N.S.)    1073. 

Necessity  for  recording  assignment  for  cred- 
itors as  against  attaching  creditor.  26 
L.R.A.  594. 

§  21.  Who  affected  by  failure  to  re- 
cord. 

Discharge  of  antecedent  debt  as  a  consid- 
eration sustaining  one's  character  as  a 
bona  fide  purchaser  or  encumbrancer 
for  value  entitled  to  protection  of  Re- 
cording Acts.    L.R.A.1918C,  438. 

§  22.  Notice  of  unrecorded  conveyance. 

Effect  of  notice  of  prior  unrecorded  con- 
veyance on  rank  of  lien  of  judgment. 
16  L.R.A.  670. 

Possession  of  land  as  notice  of  title.  13 
L.R.A.(N.S.)  49. 

6.  Time  for  recording;  delay. 

§   23.  Generally. 

First  and  last  days  in  computing  time  for 
recording.     49  L.R.A.  242. 

Delay  in  recording  as  fraud  against  credi- 
tors.    32  L.R.A.   69. 

Effect  of  unrecorded  agreement,  not  incor- 
porated in  conveyance,  restricting  use 
of  property,  upon  successor  in  title.  49 
L.R.A. (N.S.)   357. 


RECORDS  AND  RECORDING  LAWS,  IV. 
b,  6— cont'd 

7.  A8  notice;  effect  of  recording. 

§2  4.  Generally. 

As  to   personal   property,   see   supra,   §   11. 
Sufficiency   of   record    to    give    notice,    see 

supra,  §  18. 
To  one  claiming  estoppel  to  set  up  title,  see 

Estoppel,  §  7a. 

Effect  on  holder  of  record  title  of  judgment 
against  parties  designated  in  an  action 
as  unknown.     L.R.A.1918F,  618. 

Effect  of  recording  conveyance  by  one  co- 
tenant  to  third  person  to  found  adverse 
possession  against  others.  32  L.R.A. 
(N.S.)  708. 

Effect  of  recording  tax  deed  on  limitation 
of  actions  to  recover  land  sold  for 
taxes.    27  L.R.A. (N.S.)   356. 

Effect  of  recorded  agreement  not  incorpo- 
rated in  a  conveyance  restricting  use 
of  propertv  upon  successor  in  title.  15^ 
L.R.A.(N.S.)    1129. 

Taking  deed  from  stranger  to  record  title 
as  constructive  notice  of  instruments  of 
record  to  or  by  him.    L.R.A.1918C,  787. 

Conveyance  recorded  before  grantor  obtained 
title  as  notice.     L.R.A.1918C,  792. 

§   2  5.  As   delivery. 

Record  of  deed  bv  grantor  as  delivery  to- 
grantee.  54  L.R.A.  865;  9  L.RJi.(N.S.) 
224;    38   L.R.A. (N.S.)    941. 

Effect  of  recording  undelivered  transfer  or 
assignment.     21  L.R.A.  696. 

Permitting  undelivered  deed  wrongfully  re- 
corded by  grantee  to  remain  on  record, 
as  estoppel  of  grantor  or  his  successors- 
to  deny  its  delivery  as  against  one  pur- 
chasing in  reliance  on  the  record.  7 
L.R.A.(N.S.)   712. 

§   26.  As  notice. 

Doctrine  of  notice  from  registration,  of  con- 
veyance recorded  before  grantor  ob- 
tained title.     23  L.R.A.  565. 

Recordation  of  lien  on  fixtures  as  person- 
altv,  as  notice  to  purchaser  or  mort- 
gagee of  realty.     1  B.  R.  C.  691. 

Notice  by  record  as  affecting  fraudulent 
statements.     37  L.R.A.  603. 

Destruction  of  record  of  deed  or  mortgage 
as  affecting  constructive  notice  impart- 
ed thereby.    23  L.R.A. (N.S.)  1180. 

Recording  lease  as  constructive  notice  to- 
transferee  of  reversion.  L.R.A. 1915C» 
195. 

§  2  7.  —instrument  not  entitled  to  be 
recorded. 

Record  of  instrument  not  entitled  to  be 
recorded  as  actual  notice.  38  L.R.A. 
(N.S.)    400. 

Record  of  instrument  acknowledged  before 
a  stockholder  or  officer  of  a  corporation 
which  is  a  party  to  the  instrument,  as- 
notice.     41  L.R.A.(N.S.)    376. 


RECOUPMENT. 

See  Set-Off  and  CountebAaim,  §  13. 


Begin  with  this  hooJc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1161 


RECOURSE. 

Assignor  without,  as  an  indorser.   36  L.R.A. 
119. 


■♦♦» 


RECOVERY   BACK. 

Of  payments  made,  see  Assumpsit,  II. 

■ ♦•-♦ 

RECOVERY  OVER. 

'•See  Indemnity,  §§  2-4. 

♦-•"♦ 

RECREATION. 

See  Amusements. 


RECRIMINATORY  DEFENSE. 

In  action  for  divorce,  see  Divorce  and  Sep- 

ABATION,   §   33. 


RECRUITING. 


Prosecutions  under  the  Espionage  Act  of 
June  15,  1917,  for  obstructing.  L.E.A. 
1918F,  410. 


RECTOR. 

See  Religious  Societies,  §§  6-9. 

^-t-^ — 


RECTORY. 

See  Parish  House. 


REDELIVERY. 

Of  deeds,  see  Deeds,  §  33. 


REDEMPTION. 


From  judicial  sale,  see  Judiciai,  Sale,  §  19. 
From  mortgage,  see  Mortgage,  §§  85-91. 
Of  pledged  property,  see  Pledge  and  Col- 
lateral Security,  §  10. 
From  tax  sale,  see  Taxes,  §§  82-85. 

^From  sale  enforcing  vendor's  lien.  44 
L.R.A.(N.S.)    285. 

Liability  of  government  or  other  public 
body  for  its  own  obligations  stolen 
from  it  after  redemption.  39  L.R.A. 
(N.S.)    446. 

Of  corporate  stock  which  has  been  forfeited. 
27  L.R.A.  311. 

"Extension  of  time  for  redemption  when  last 
day   falls   on  Sunday.     14  L.R.A.   122. 

Jurisdiction  of  suit  to  redeem  land  in  an- 
other state  or  country.    69  L.R.A.  685. 

4Donsult.  alao  L.R.A.   Digests  of  Cases. 


RED  FL.AG. 

Validity   of   statutory  or  other   regulation 

forbidding  display  of  red  flag  or  other 

symbol     tending     to  incite     disorder. 
L.R.A.1915B,  706. 


REDIRECT  EXAMINATION. 

See  Witnesses,  §  39. 


REDUCED   RATES. 

Power  to  require  of  carrier,  see  Cabeiebs, 
§  157. 


REDUCTION. 


Of  stock,  see  Corporations,  §  71. 
Of  damages,  see  Damages,  §§  3-11. 
Of     punishment,     for    good    behavior,    see 
Criminal  Law,  §  81. 

Mandamus  to  restore  to  original  rank  officer 
who  has  been  reduced  in  rank.  19  L.R.A. 
(N.S.)    80. 

Right  to  reduction  in  rent  of  farm  because 
part  of  it  is  not  tillable.  36  L,R.A. 
(N.S.)    555. 

Of  shares  of  preferred,  guaranteed,  and  in- 
terest bearing   stock.     27   L.R.A.   151. 


RE-ELECTION. 


After  ouster  of  officer  for  misconduct.     6 
L.R.A.(N,S.)    843;    L.R.A.1916D,  959. 


RE-ENACTMENT. 


Construction    of     re-enacted    statutes,    see 

Statutes,  §  27. 

Of  Code  or  compilation  of  laws  by  single 
statute.    55  L.R.A.  853. 


RE-ENTRY. 


Landlord's  right  of,  see  Landloed  and  Ten- 
ant, §  94. 

Re-entry  for  condition  broken  in  case  of 
devise  to  religious  societv  foj:  specified 
use.     11  L.R.A.(N.S.)    524. 


RE-EXAMINATION. 

See  Witnesses,  §  39. 


1162 


INDEX  TO  L.R.A.  NOTES. 


REFEREXCE, 

§   1.  Generally. 

Constitutionality  of  statute  requiring,   see 

CONSTITXJTIONAIi  LaW,  §  189, 

Right  of  referee  to  resign.  46  L.R.A.  (N.S.) 
68. 

To  medical  referee  under  workmen's  com- 
pensation act.  L.R.A.1916A,  190; 
L.R.A.1917D,  114. 

For  determination  of  disputed  questions  in 
summary  proceedings  to  compel  attor- 
ney to  surrender  money  or  property 
L.R.A.1918D,  838. 

Personal  liability  of  referee  to  sell  property 
for  broker's  services.  38  L.R.A.(N.S.) 
777. 

Effect  of  interposing  a  counterclaim,  set-off, 
or  affirmative  defense  which  would  in 
itself  be  a  proper  subject  for  a  compul- 
sory reference,  where  the  cause  of  action 
declared  upon  by  plaintiff  would  not. 
25  L.R.A.(N.S.)   264. 

g  2.  Ck>inpnIsory,  as  denial  of  consti- 
tutional,  right   to  jury   trial. 

In  general.  25  L.R.A.  68;  13  L.R.A.  (N.S.) 
146;    39   L.R.A. (N.S.)    46. 

The  United  States  Constitution.  25  L.R.A. 
68. 

Where  the  right  existed  prior  to  the  state 
Constitution.     25  L.R.A.  68. 

State  statute  no  infringement  of  constitu- 
tional right.     25  L.R.A.  69. 

Equitable  account.     25  L.R.A.   70. 

Constitution  violated.     25   L.R.A.  70. 

Action   at  law.     25   L.R.A.   71. 

State  Constitution.     26  L.R.A.  71. 

§  2a.  — action  on  account. 

Compulsory  reference  of  accounts  as  denial 
of  constitutional  right  to  jury  trial. 
25  L.R.A.  .70. 

Denial  of  jury  trial  in  actions  involving  ac- 
counts.    39  L.R.A. (N.S.)   46. 

§   3.  Report. 

Effect  of  failure  to  file  report  within  proper 
time.    34  L.R.A. (N.S.)   581. 

♦>» 

REFERENDUM. 

See  Initiative,  IIefe3iendum,  and  Recall, 
§  1. 


REFORMATION. 


As  affecting  right  to  divorce  on  ground  ol 
drunkenness  or  use  of  drugs.  L.R.A. 
1917D,  364. 


REFORMATION  OF  INSTRUMENTS. 

Of  deeds,  see  Deeds,  §  36. 

Jurisdiction  of  equity,  see  Equity,  §  16. 

Begin  xvith  this  booTc  on  every  laxi>  question. 


REFORMATION     OF     INSTRUMENTS— 

cont'd 
Of   insurance  policy,  see  I^fSURANCE,   §   48. 
Of  mortgage,  see  Mortgage,  §  4. 
Of  will,  see  Wills,  §  33. 

Effect  of  the  Statute  of  Frauds  upon  the 

power  of  equity  to  reform  a  contract. 

L.R.A.1917A,  571. 
Reformation  of  contract  because  of  mistake 

of  law  as  to  its  effect.    28  L.R.A. (N.S.) 

900. 
Mistake  of  law  as  to  effect  of  instrument  as 

ground  of.     28  L.R.A.  (N.S.)    785. 
Ri^ht   to   accept    favorable    part    of   decree 

and   appeal  from   the  rest.     29   L.R.A. 

(N.S.)    11. 


REFORMATORIES. 

Commitment  of  infants  to,  without  convic- 
tion of  crime.     16  L.R.A.  691. 

Transfer  for  reformatory  to  state  prison  aa 
cruel  and  unusual  punishment.  L.R.A. 
1915C,  560. 


REFRESHING  MEMORY. 

See  Witnesses,  §  28. 


REFRESHMENT. 


Right  to  use  railroad  right  of  way  for  pur- 
pose of  refreshment  place  as  against 
owner  of  fee.     36  L.R.A.  (N.S.)    518. 

Applicability  of  Sunday  laws  to  sale  of  food 
and  refreshments."^    L.R.A.1917C,   381. 

Accident  to  one  while  seeking  or  taking  re- 
freshment as  one  arising  out  of  and  in 
the  course  of  his  employment  witliin 
Workmen's  Compensation  Act.  6  B.  R. 
C.  471. 


REFRIGERATOR. 

As  fixture.     30  L.R.A. (N.S.)   576. 


■^-•-^ 

REFRIGERATOR  CARS. 

Carrier's  duty  with   respect  to.   10   L.R.A. 

(N.S.)  317. 
Duty  of  carrier  to  furnish  cars  of  a  type 

not  owned  by  it.    20  L.R.A.  (N.S.)   310. 


REFUNDING  BONDS. 


See  Bonds,  III. 


INDEX  TO  L.RA.  KOTES. 
REFUSAL.  I  REGISTRY   LIST. 


1163 


Rights  conferred  by,  see  Coxtbacts,  §  23. 


REFUSE. 

Liability  of  abutting  owner  for  injury  to 

pedestrian   bv  refuse  on  sidewalk.     29 

L.R.A.(N.S.r  707. 
Municipal  liability  for  injury  by  refuse  in 

street.    20  L.R.A.(N.S.)  610. 
Liability  of  municipality  for  injury  by  em 

ployee    engaged    in    removing.      L.R.A 

1918C,  1188. 
Right  to  throw  into  stream.    41  L.R.A.  751. 
Obstruction  of  navigation  bv,  liability  for. 

59  L.R.A.  73. 
Pollution  of  stream  by  refuse  from  mining 

operations.       22     L.R.A.  (N.S.)      276; 

L.R.A.1915D,  911. 


REGISTER. 


Admissibilitv   of,  as   proof  of  partnership. 
20  L.R.A.  5i)9. 


REGISTERED    MAIL. 

See  PoSTOFFicE,  §  8. 


REGISTRAR   OF   DEEDS. 

Liability  for  neglect,  delay,  or  mistake  in 
registering  or  indexing  instrument  af- 
fecting title  to  real  property.  23  L.R.A, 
(N.S.)    127. 


REGISTRATION. 


Of  voters,  see  Elections,  §  6. 

Of  instrument  to  affect  title,   see  Records 

AND   ReCOBDING  LAWS,   IV. 

Constitutionality  of  statute  as  to  registering 
births,  deaths,  etc.  39  L.R.A. ^N.S.) 
1015. 

Requiring  registration  of  herds  of  cattle  be- 
longing to  persons  selling  milk.  L.R.A. 
1917C  253. 

Of  automobile.'  1  L.R.A. (N.S.)   215. 


REGISTRATION  TAX. 

Effect  of  failure  to  pay.     42  L.R.A.  (N.S.) 

146. 
Consult  also  L.R.A.  Digests  of  Cases. 


Effect  of  loss  or  destruction  of.    28  L.R.A. 
(N.S.)   989. 


REGULATION. 


Of  carriers,  see  Cabbiebs,  V. 
Of    corporations    generally,    see    Cobpoea- 
TIONS,  §  12. 

Of  physicians  and  surgeons,  see  Physicians 

and  Subgeons,  §§  6-11. 
Reasonableness  of,  see  Reasonableness,  §  7. 


REHEARING. 

On  appeal,  see  Appeal  and  Ebbob,  §  45. 


REIMBURSEMENT. 

Of  personal  representative,  see  Executobs 

AND  Administbatobs,  §  53. 
Of   one  holding   under  void  tax   deed,   see 

Taxes,  §  79. 

Of  purchaser  at  void  judicial  sale.  21  L.R.A. 
50. 

Of  purchaser  on  annulling  judicial  sale.  69 
L.R.A.  39. 

Right  of  mortgagee  who  has  paid  taxes  to 
maintain  independent  action  against 
mortgagor  for  reimbursement  before  or 
after  foreclosure  of  mortgage.  10  L.R.A. 
.(N.S.)   679. 

Of  partner  for  money  paid  for  partnership 
real  estate.    28  L.R.A.  102. 

School-teacher's  right  to  reimbursement  for 
money  expended  for  school  without 
precedent  authority.  42  L.R.A. (N.S.) 
1177. 

Contingency  of  claim  for  reimbursement  of 
sureties  and  indorsees  as  affecting  time 
for  its  presentation.    58  L.R.A.  87. 


REINSTATEMENT. 

Of  insured  after  forfeiture,  see  Insubance, 

§  109. 
Of  mortgage,  see  Mobtgage,  §§  59,  60. 
Of  officer,  see  Officebs,  §  26. 

Reinstatement  or  placing  in  statu  quo  as 
condition  to  relief,  from  mistake  of  la^ 
as  to  effect  of  instrument.  28  L.R.A. 
(N.S.)   902. 


REINSURANCE. 

See  Insubance,  §§  209,  210. 


1164 


INDEX  TO  L.R.A.  NOTES. 


REISSUE. 

Effect  of  the  reissue  of  a  bill  or  note  that 
has  been  paid  by  or  transferred  to  a 
party  primarily  liable  thereon.  28 
L.R.A.(N.S.)    1066;    L.R.A.1918E,   170. 


REIiATION. 


See  Relative. 


RELATION    BACK. 

Entry  of  judgment  nunc  pro  tunc,  see  Judg- 
ment, §  18. 

Of    order    appointing    receiver.      15    L.R.A. 

(N.S.)   657. 
Of  deed  delivered  to  third  person.    54  L.R.A. 

891.    . 
Of  judgment  to  beginning  of  term.  38  L.R.A. 

246. 
Judgment   by   relation   back   to   time   prior 

to  death  of  judgment  debtor.  49  L.R.A. 

167. 
Of  subcontractor's   lien  to  date   of  that  of 

original  contractor.     16  L.R.A.  335. 
Of    lien    of    mortgage    of    future    crops    to 

time  of  execution.     L.R.A.1917C,  14. 
Of  amended  pleading  to  prevent  bar  of  lim- 
itations.  3  L.R.A.(N.S.)  268;  47  L.R.A. 

(N.S.)  932. 
Retroactive  effect  of  filing  chattel  mortgage 

for  record  as  against  lien  acquired  after 

execution  of  mortgage.     33  L.R.A.  163. 


RELATIONSHIP. 


Resemblance  as  evidence  of,  see  Evidence, 
§  154. 

Relationship  to  attorney  in  case  as  dis- 
qualifving  judge.  42  L.R.A.  (N.S.) 
1172;"^L.R.A.1918F,  1036. 

Effect  of,  to  disqualify  one  to  serve  as  com- 
missioner or  juror  in  eminent  domain 
proceedings.     47  L.R.A. (N.S.)   151. 

Necessity  of  relationship  and  decree  es- 
sential to  recover  for  mental  anguish 
for  failure  to  deliver  telegram  announc- 
ing death  or  illness.  49  L.R.A.(N.S.) 
250. 

Notice  to  telegraph  company  that  relation- 
ship between  parties  is  such  that  delay 
in  transmission  of  message  will  cause 
mental  anguish.     49  L.R.A.(N.S.)  320. 


RELATIVE. 


I  RELATIVE— cont'd 

I  Implied  contract  to  pay  for  services  to,  see 

I         Contracts,  §§  4,  5. 

Measure  of  damage  for  injury  to,  see 
Damages,  §§  7,  57-64,  100,  101,  110. 

Measure  of  damage  for  death  of,  see  Dam- 
ages,  §§   65-67,   101. 

Damages  for  mental  anguish  resulting  from 
negligence  in  transmission  of  message 
relating  to  illness  or  death  of,  see  Dam- 
ages, §  102. 

Right  of  action  for  death  of,  see  Death, 
§§  3-10. 

Descent  and  distribution  of  property  of,  see 
Descent  and  Distribution. 

Validity  of  contract  procured  by  threat  to 
prosecute,  see  Duress,  §  4. 

Validity  of  transactions  between,  see 
Fraudulent  Conveyances,  §§  21,  21a. 

Illegitimate  children,  see  Illegitimacy. 

Incest  between,  see  Incest. 

Right  to  custody  of  infant  child,  see  In- 
fants, §§  6-10. 

Insurable  interest  of,  see  Insubance,  §§  27- 
35. 

Relationship  bv  adoption,  see  Parent  and 
Child,  §§  '16-18. 

Discrimination  against,  in  succession  tax, 
see  Taxes,  §§  93,  94. 

Legacy  to,  see  Wills,  §§  69,  70. 

Right  of  relative  of  party  to  instrument 
to  take  acknowledgment.  33  L.RAi. 
340. 

Resemblance  as  evidence  of  relationship. 
52  L.R.A.  500. 

Moral  consideration   arising  from  relation- 
ship   as    a    sufficient    consideration    to 
support   a   promise   to    become    respon- 1 
sible  for  another's  debt.  3  L.R.A.  (N.S.) 
436. 

Love  and  affection  as  consideration  for  ex- 
ecutorv  promise  to  pav  existing  debt  of 
relative.    L.R.A.  1918C,  543. 

Effect  of  relationship  on  contract  otherwise 
champertous.  14  L.R.A.  747;  L.R.A. 
1916E,  76. 

Reputed  father's  right  to  custody  or  con- 
trol of  illegitimate  child  as  against. 
65  L.R.A.  694. 

Admissibility  of  declarations  of  relative  of 
claimant  upon  issue  of  his  relationship 
or  heirship  to  decedent.  36  L.RA.. 
(N.S.)  530;  L.R.A.1915D,  215. 

Wliat  constitutes  residence  of  child  living 
with  relative  entitling  him  to  privilege 
of  public  schools.  36  L.R.A. (N.S.)  342; 
51  L.R.A.(N.S.)    234. 

Right  to  compel  or  restrain  removal  of  re- 
mains of  deceased  relative.  3  L.R.A. 
(N.S.)   491. 

Privilege  of  communications  to  relative  of 
person  defamed.     L.R.A.1915A,  572. 

Malice  as  essential  to  an  action  for  alien- 
ation of  affections  bv  relatives.  46 
L.R.A.(N.S.)   469. 

Imputing  negligence  of  one  to  other.  8 
L.R.A. (N.S.)   662;  L.R.A. 1915A,  765. 


§   1.  Generally. 

Various  particular  relatives,  see  Aunts; 
Brothers  and  Sisters;  Brothers-in 
Law;    Cousins;   Grandparents;   Hus-    „    „     .      .  „_„„.i   i.,„^« 

BAND   AND    VVlFE  V  PARENT    AND    ChILD;      §    ^:    ^^    '"Tttp,     fl^^       ^ 

Sisters-in-Law;  Uncles.  |  ^^  Juror.  see  Jury.  §  11a. 

By  affinity,  see  Affinity.  As  grand  juror.    28  L.R.A.  202 

Begin  tvith  this  book  on  every  laxv  question. 


INDEX  TO  L.R.A.  NOTES. 


U65 


HEL  ATIV  E— cont'd 
§    3.  Support  of. 

Support  of  infant  child,  see  Divorce  axd 
Separation,  §  57;  Infants,  §§  13-12. 

Promise   to   pay   for   past   support   of.      53 

L.R.A.  355. 
Power  of  state  to  make  relatives  of  person 

committed  to  insane  asylum,  liable  for 

cost    of    his   maintenance    therein.      24 

L.R.A. (N.S.)    295. 
Liability  of  relative  for  medical  services  to 

pauper.     L.R.A.1915E,  844. 

§   4.  Trust  between   relatives. 

Enforcement  in  equity  of  grantee's  oral 
promise  to  grantor  to  hold  in  trust  in 
case  of  conveyance  between  relatives. 
39  L.R.A.  (N.SO  925,  926,  928. 

§  5.  Criminal  responsibility  of  one 
assisting  or  avenging  relatiA'e. 

Homicide  in  defense  of.  67  L.R.A.  546;  45 
L.R.A.(N.S.)    145. 

Is  one  assisting  relative  in  peril  bound  by 
the  latter's  act  in  bringing  on  the  diffi- 
culty. 15  L.R.A.  (N.S.)  1013;  39  L.R.A. 
(N.S.)   671.- 

Killing  or  assaulting  of,  as  sufficient  provo- 
cation to  reduce  homicide  to  man- 
slaughter.    17  L.R.A. (N.S.)   795. 


RELEASE. 


§    1.  Generally. 

Effect  of  provision  for,  in  assignment  for 
creditors,  see  Assignment  for  Credi- 
tors, §  14a. 

On  bail,  see  Bail  and  Recognizance. 

*>f  surety  on  bail  bond,  see  Bail  and  Re- 
cognizance, §  8 

Of  indorser,  see  Bills  and  Notes,  §  34. 

Of  claim  for  injury  resulting  in  death,  see 
Death,   V. 

Of  expectancy,  see  Expectancies,  §  3. 

On  habeas  corpus,  see  Habeas  Corpus,  §  6. 

From  liability  on  insurance  policy,  see  In- 
surance,  §   180. 

Of  joint  tort  feasor,  see  Joint  Creditors 
AND  Debtors,  §§  8-11. 

From   mortgage,   see   Mortgage,    §§   52-60. 

See  also  Accord  and  Satisfaction;  Com- 
promise AND  Settlement. 

Addition  of  name  of  attesting  witness  to 
release  as  an  alteration.  L.R.A. 1917D, 
828. 

Eelease  of  original  debtor  as  a  condition  of 
novation  bv  substitution  of  debtors. 
L.R.A.1918B,  113. 

By  personal  representatives  of  claim  due 
estate.     14  L.R.A.  414. 

From  liability  for  damage  bv  damming  back 
water  of  stream.    59  L.JR.A.  868. 

Of  expectancy  by  prospective  heir  to  an- 
cestor.    25  L.R.A. (N.S.)   439. 

Stipulation  making  execution  of  release 
from  liability  for  damages  a  condition 
precedent  to  payment  of  benefits  out  of 
relief  fund.  11  L.R.A. (N.S.)  194;  48 
L.R.A.(N.S.)   446. 

Consult  also  L.R.A.  Digests  of  Cases. 


RELEASE— cont'd 

Releases  by  servant  after  injury  has  been 
received  and  without  reference  to  a 
prior  contract.  11  L.R.A. (N.S.)  194; 
48  L.R.A.  (N.S.)   447. 

Applicability  to  release  of  rule  against  con- 
veyance of  land  held  adversely.  35 
L.R.A.  (N.S.)    735. 

Formal  release  under  seal  or  in  writing  on 
payment  of  part  of  liquidated  and  un- 
disputed debt.  11  L.R.A.(N.S.)  1026; 
L.R.A.1917A,  724. 

Law  governing  release  of  claim  for  dam- 
ages for  death  or  bodily  injury.  56 
L.R.A.  223. 

Presumption  as  to  time  of  alteration  in. 
39  L.R.A.  (N.S.)   110. 

Admissibility  of  parol  evidence  that  release 
was  delivered  on  condition.  36  L.R.A. 
(N.S.)   1147. 

Admissibility  of  parol  evidence  to  vary 
written  release  in  favor  of  or  against 
a  stranger  to  the  contract.  L.R.A. 
1916A,  600,  611. 

Release  from  covenant  in  lease  as  to  pay- 
ment of  taxes  and  assessments.  L.R.A. 
1915A,  361. 

Right  to  reinstatement  of  mortgage  when 
released  by  mistake.  58  L.R.A.  788; 
L.R.A.1917E,  1059. 

§   2.  What  operates  as. 

Of  siiretv,  see  Principal  and  Surety, 
§§  10-18. 

Of  drawer  or  indorser  by  certification  of 
check.  9  L.R.A.(N.S.)  698;  29  L.R.A. 
(N.S.)   205. 

Of  one  partner  by  other  partner's  assump- 
tion of  debts  on  dissolution  of  partner- 
ship. 9  L.R.A. (N.S.)  90;  48  L.R.A. 
(N.S.)   547. 

§   3.  What  included  in;  extent  of. 

Does  release  of  damages  for  construction  of 
railroad  in  highway  include  damages 
from  elevation  of  grade.  10  L.R.A.  (N. 
S.)  1202. 

Effect  of  specification  of  particular  claim  to 
limit  import  of  general  release.  8 
L.R.A.(N.S.)  1034. 

Scope  of  release  under  policy  indemnifying 
insured  against  loss  of  time  by  sickness 
or  accident.     24  L.R.A. (N.S.)   211. 

§   4.  Effect. 

On  bail,  see  Bail  and  Recognizance,  §  6. 

As  affecting  right  of  action  for  death.  34 
L.R.A.  790. 

Of  interest  in  estate  by  one  receiving  ad- 
vancement; effect  on  right  to  share  in 
after-acquired  property.    65  L.R.A.  578. 

Release  of  principal  after  maturity  of  ob- 
ligation as  affecting  guarantor.  38 
L.R.A.(N.S.)   875. 

Effect  on  prior  surety  of  release  of  later 
surety.     21  L.R.A.  252. 

Of  other  security  as  affecting  protection  un- 
der recording  act  of  mortgage  given 
as  security  for  antecedent  indebtedness. 
33L.R.A.(N.S.)  57. 


1166 


INDEX  TO  L.E.A.  NOTES. 


RELEASE— cont'd 

Discharge  of  one  primarily  liable  for  loss 
of  insured  property  as  affecting  in- 
sured's right  of  action  against  insurer. 
29  L.R.A.(N.S.)   698. 

Rebuttal  of  presumption  of  acceptance  of 
assignment  or  deed  of  trust  for  credit- 
ors by  conditions  imposing.  24  L.R.A. 
375. 

Release  of  one  of  two  or  more  persons  sever- 
ally, but  no  jointly,  liable  for  a  tort,  aa 
aflFecting  liability  of  others.  L.R.A. 
1917A,  273. 

Effect  of  release  of  one  person  from  liability 
for  a  tort  to  release  another  where  the 
former  was  not  in  fact  or  law  liable. 
L.R.A.1918D,   183. 

Effect  of  release  of  one  joint  tort  feasor 
on  liability  of  the  other.  58  L.R.A. 
293;  L.R.A.191SF,  363. 

Effect,  in  release  of  one  joint  tort  feasor, 
of  reservation  of  right  as  against  oth- 
ers.    L.R.A.1915E,  800. 

Effect  of  release  of  lessee  from  liabilities 
for  rent  after  assignment  of  lease.  52 
L.R.A.  (N.S.)   974. 

Release  of  all  claim  for  injury  before  re- 
ceiving injury  resulting  in  death  as 
affecting  riglit  of  statutory  bene- 
ficiaries.    L.R.A.1915E,  1170. 

Settlement  by  injured  person  as  precluding 
action  for  his  death  resulting  from 
the  injury.     L.R.A.1915E,  1163. 

Settlement  between  insured  and  tort  feasor 
as  affecting  insurer's  rights  to  subro- 
gation.    L.R.A. 1916A,  1282. 

Effect  of  release  of  security  on  right  of 
obligee  to  be  subrogated  to  security 
held  by  surety.     L.R.A.1916C,  1079. 

Release  by  person  injured  as  affecting  his 
claim  against  physician  or  surgeon  em- 
ployed by  other  party.  L.R.A.1918A, 
227. 

Release  of  employer  by  acceptance  of  bene- 
fit of  relief  fund  as  affecting  other  tort- 
feasor.   L.R.A.1918A,  996. 

§   5.  As  consideration. 
Of  promise  to  marry  as  consideration  for 
contract.    19  L.R.A.  (N.S.)   656. 


RELEASE— confd 

Validity  of  settlement  between  guardian 
and  ward  out  of  court.  L.R.A. 19i6E, 
863. 

Furnishing  medical  attention  as  a  consider- 
ation for  release  of  liability  for  per- 
sonal injuries  or  death.  46  L.R.A. 
(N.S.)    419. 

Releases  by  servant  after  injury  has  been 
received  and  without  reference  to  a 
prior  contract.    48  L.R.A.(N.S.)   447. 

Release  of  right  to  third  person's  services. 
L.R.A.1917F,  842. 

Voluntary  release  of  debt  as  fraud  upon 
creditors  of  releasor.    L.R.A.1918A,  404. 

g   7.  —return  of  consideration. 

Return  or  tender  of  consideration  for  re- 
lease of  claim  for  personal  injuries 
set  aside  on  ground  of  fraud.  35 
L.R.A.(N.S.)  660;  L.R.A.1918F, 
1073. 


RELETTING. 


Of  leased  premises,  see  Landlord  and  Ten- 
ant, §  31. 


§   6.  Validity;  setting  aside. 

Effect  of  fraud  on,  see  Fraud  and  Deceit, 

§  17. 
Effect  of  mistake,  see  Mistake,  §  14. 

Settlements  and  releases  of  each  other  by 
corporate  promoters.  L.R.A.1918E,  840. 

In  case  of  settlement  under  accident  insur- 
ance policy  under  mistake  as  to  the 
extent  of  the  injury.    L.R.A.1918E,  931, 

Power  of  attorney  to  bind  client  by  release 
of  person  or  property  of  debtor  from 
process  to  enforce  judgment.  L.R.A. 
1918D,  808. 

Right  in  action  at  law  to  attack  release  for 
fraud.     20  L.R.A. (N.S.)    915. 

Effect  of  misrepresentations  or  undue  in- 
fluence by  physician  to  avoid  release. 
5  L.R.A.(N.S.)  663;  48  L.R.A. (N.S.) 
447. 

Avoidance  by  infant  of  release  of  cause  of 
action  ex  delicto.     11  L.R.A. (N.S.)  690.  ' 

Begin  with  this  booTc  on  every  Jaic  question 


RELEVANCY. 

Of  evidence,  see  Evidence,  XIL 


RELIANCE. 


On  fraudulent   representations,   see   Fraud 
AND  Deceit,  §§  13,  14. 


RELIEF. 

Injunctive  relief,  see  Injunction. 

From  judgment,  see  Judgment,  §§  87-97. 

Of  citizens,  appropriations  for.  14  L.R.A. 
475. 

Settlement  by  injured  person  as  precluding 
action  for  his  death  resulting  from  in- 
jury.    27  L.R.A.(N.S.)   176. 


RELIEF  ASSOCIATIONS. 

Contract  with  servant  as  to  option  of  In- 
jured servant  to  accept  benefits  from 
relief  fund,  see  Master  and  Servant, 
§  53. 

Do  associations  providing  relief  for  rail- 
road employees  constitute  insurance 
companies.     47  L.R.A. (N.S.)   299. 

Who  may  or  must  be  admitted  to  hospital 
maintained  by.     L.R.A.1918D,  561. 

Effect  of  Federal  Employers'  Liability  Act 
on  stipulation  making  acceptance  of 
benefits  for  injury  or  death  of  em- 
ployee under  contract  of  membership 
in  railroad  relief  department.  47 
L.R.A. (N.S.)    50. 


INDEX  TO  L.R.A.  NOTES. 


lie: 


EELIEF  ASSOCIATIONS— cont'd 

Rights  and  remedies  in  respect  to  relief 
department  fund  upon  termination  of 
employment.     L.R.A.1916A,  1148. 

Release  of  employer  by  acceptance  of  benefit 
of  relief  fund  as  affecting  other  tort- 
feasor. L.R.A.1918A,  996. 

liiability  for  negligence  of  attendants  fur- 
nished by  relief  department  toward 
which  employees  contribute.  17  L.R.A. 
(N.S.)  1167;  30  L.R.A. (N.S.)  1207;  48 
L.R.A.  (N.S.)  531. 


RELIGION. 


Devise  or  bequest  for,  see  Charities. 

Effect  of  religion  of  parent  on  right  to 
custody  of  child.     41  L.R.A.  (N.S.)   610. 

Yalidity  and  enforceability  of  contract  or 
covenant  in  relation  to  real  property 
which  discriminates  against  persons  be- 
cause of  religion,     L.R.A.1916B,   1208. 


RELIGIOUS  BELIEF. 

As  qualification  of  witness,  see  Witnesses, 
§  12. 

Religious  belief  as  insane  delusion.  37 
L.R.A.    269. 

Religious  belief  as  excuse  for  failure  to 
furnish  medical  aid  to  child.  36  L.R.A. 
(N.S.)   633. 

Validity  of  trust  to  propagate  a  particular 
religious  belief  as  a  charity.  6  L.R.A. 
(N.S.)   320. 

Effect  of  bequest  with  a  condition  as  to  re- 
ligious  belief.     5   L.R.A.  fN.S.)    804. 


RELIGIOUS  BOOKS. 

Admissibility  of  entries  in,  in  evidence,  see 
Evidence,  §  145. 


RELIGIOUS  exe:rcise:s. 

In  public  schools.  16  L.R.A.(N.S.)  860; 
L.R.A.1915D,  941. 

Effect  of  provisions  of  ordinance  of  1787 
upon  question  whether  religious  exer- 
cises in  public  schools  infringe  upon  re- 
ligious freedom.     52  L.R.A. (N.S.)    312. 


RELIGIOUS  FREEDOM. 

See  Constitutional  Law,  §  29a. 


■RELIGIOUS  GARB. 

At  schools,  see  Schools,  §  5. 

Consult  also  L.R.A.  Digests  of  Cases. 


RELIGIOUS  GARB— cont'd 
Right  to  require  or  prohibit  wearing  of,  in 
college.     42  L.R.A. (N.S.)    337. 


RELIGIOUS  INSTRUCTION. 

In  schools,  see  Schools,  §  37. 


RELIGIOUS  MANIA. 

As    aflfecting    testamentary    capacity.      27 
L.R.A.(N.S.)  89;  L.R.A.1915A,  462. 


RELIGIOUS  PREJUDICE. 

Validity  and  enforceability  of  contract  or 
covenant  in  relation  to  real  property 
which  discriminates  against  persons 
because  of  religion.  L.R.A.1916B, 
1208. 

Libel  or  slander  where  "sting"  is  due  to  re- 
ligious prejudice  or  antagonism. 
L.R.A.1916E,  680. 


RELIGIOUS   RIGHTS. 

Religious     freedom,     see     Constitutional 
Law,  §  29a. 

Religious  belief  as  affecting  competency  of 

witness.     42  L.R.A.  553;  23  L.R.A.(N. 

S.)    1023. 
Effect  of  admission  of  state  into  the  Union 

upon    ordinance    of    1787    as    to.      52 

L.R.A.(N.S.)  312. 


RELIGIOUS   SOCIETIES. 

/.  In  general,  §§  1,  2. 
II.  Title  to,   or  control  of,   property, 
§  3. 
III.  Schism  or  division  of,  §§  4,  5. 
IV.  Ministers  and  priests,  §§  0-9. 
V.  Trustees,  §10. 
VI.  Membership  in,  §§  11-13* 
VII.  Pew  holders,  §14. 

I.  In  general. 

§   1.  Generally. 

Bequest  for,  see  Charities. 

Specifying  in  will,  use  of  deviSe  to,  see 
Wills,  §  84. 

Freedom  of  worship,  see  Constixutiowal 
Law,  §  29a. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  146. 

Jurisdiction  over,  see  Courts,  §  12. 

Tribunals  of,  see  Ecclesiastical  Tribu- 
nals. 

Identity  of,  see  Identitt  and  Identifica- 
tion, §  7. 


1168 


INDEX  TO  L.R.A.  NOTES. 


RELIGIOUS  SOCIETIES,  I.— cont'd 
Injunction  against,  see  Injunction,  §  37. 
Sale  of  liquors  within  prohibited  distance 

of  church,  see  Intoxicating  Liquobs,  § 

27. 
Tax  on,  see  Taxes,  §§  24-26. 

Mechanics'  lien  on  property  of.  51  L.R.A. 
(N.S.)    161. 

As  trustee  in  charitable  bequest.  14  L.RA. 
(N.S.)   113. 

Giving  of  free  service  or  reduced  rates  to, 
by  public  service  corporation  as  an  un- 
lawful discrimination.  L.R.A.1918D, 
916, 

§   2.  Meetings  of. 

Disturbing  meeting,  see  Distuebing  Meet- 
ing. 

Use  of  public  school  building  for  religious 
meetings.    31  L.R.A. (N.S.)  593. 

II.  Title  to,   or  control  of,  property. 

§  3.  Generally. 

In  case  of  schism  or  division,  see  infra,  §§4, 
5. 

Adverse    possession    by.      27    L.R.A. (N.S.) 

388. 
Conveyance    on     condition    that    property 

be  used  for  church  purposes.    19  L.R.A. 

262. 
Effect  of  specifying  use  of  real  estate  in  de- 
vise to.    11  L.R.A. (N.S.)  509. 
Enjoining   control,   use   of,   or   interference 

with,  church  property.    3  L.R.A.  (N.S.) 

854. 
Public  policy  as  related  to  communistic  life 

or  tenure  of  property.    "^  L.R.A. (N.S.) 

909;  52  L.R.A.(N.S.)   459. 
Right   of   member   of   church   to  injunction 

against  unlawful  sale  by  trustees.     2 

L.R.A.  (N.S.)   828. 
Disposition  of  property  of  church  upon  its 
dissolution.    47  L.RA. (N.S.)  1015. 

III.  Schism  or  division  of. 

§  4.  Generally. 

Litigation  growing  out  of  schism  or  divi- 
sion in  religious  society.    24  L.R.A. 
(N.S.)    692. 
Union     or     reunion     of     Cumberland 
Church  with  Presbyterian  Church 
U.  S.  A.    24  L.R.A.  (N.S.)  717;  30 
L.R.A.  (N.S.)    666. 
Effect    of    statute    providing    for    use    of 
church  property  by  both  parties  in  case 
of  a  schism  or  division  in  the  society. 
24  L.R.A.(N.S.)   729. 
Right     to     preliminary     injunction     which 
would  have  effect  of  transferring  pos- 
session of  property  from  one  faction  to 
another.     39  L.RA. (N.S.)    33. 

§  5.  Power  of  local  church  to  with- 
draw from  general  body. 

See  also  supra,  §  4. 

Independent   congregations.     32   L.R.A.   92. 
Rights  of  majority  and  minority.    32  L.R.A.  j 

92. 
Begin  vHth  this  boolc  on  every  laiv  question. 


RELIGIOUS  SOCIETIES,  III.— cont'd 
Rule  under  particular  statutes.     32  L.R.A.. 

94. 
Property  acquired  under  express  trust  or 

for  particular  purpose.     32  L.R.A.  95. 
Synodical  relations.     32  L.R.A.  96. 
Rule  where  governing  body  of  denomination 

changes  its  laws.  32  L.R.A.  97. 
Immaterial  change.  32  L.R.A.  98. 
Withdrawal    under    laws    of    church.      32 

L.R.A.   98. 
Division  of  property.     32  L.RA.  98. 
Effect  of  statutory  permission.     32  L.R.A^ 

98. 
Effect  of  unanimous  action.     32  L.R.A.  98.- 
Rights  of  third  persons.     32  L.R.A.  98. 

IV.  Ministers  and  priests, 

§   6.  Generally. 

Privileged  communications  to,  see  Evidence,^ 

§  220. 
Libel  of,  see  Libel  and  Slander,  §  19. 

Giving  of  free  service  or  reduced  rates  to- 
clergj'men  by  public  service  corporation, 
as  an  unlawful  discrimination.  L.R.A. 
1918D,   916. 

Liability  for  improperly  performing  mar- 
riage ceremony.     L.R.A.1917E,   868. 

Liability  for  refusing  the  sacraments.- 
L.R.A.1916D,  374. 

Ministers  as  public  officers.    17  L.R.A.  245.. 

Right  to  remove  minister  summarily.  15- 
L.R.A.  96. 

Character  of  occupation  of  premises  by  min- 
isters.    4  L.R.A. (N.S.)    713,  721. 

Injunctive  relief  affecting.  3  L.R.A. (N.S.) 
854, 

Oral  promise  by,  to  one  conveying  land  to 
him  to  hold  in  trust  as  giving  rise  to- 
constructive    trust.      39    L.R.A.  (N.S.) 
924. 

Going  to  another  state,  county,  or  district 
to  preach  as  effecting  change  of  domicil 
or  residence.  22  L.R.A.(N.S.)  996^ 
L.R,A.1917A,  294. 

Ignorance  that  parties  to  marriage  are  un- 
der age  as  defense  to  prosecution  for 
officiating  at  the  marriage.  29  L.R.A. 
(N.S.)   504. 

Sending  for,  as  evidencing  sense  of  impend- 
ing death  at  time  of  dying  declarations. 
56  L.R.A.  415;  30  L.R.A. (N.S.)   398, 

§   7.  Liability  for  salary  of. 

Generally.    38  L.R.A.  687;  52  L.R.A.  (N,S,) 

171. 
Taxes,  subscriptions,  etc.     38  L.R.A.  687. 
A    contract    for    services    is    binding.      38 

L.R.A,  687. 
Interference    with    performance    of    duties. 

38  L.R.A.  688. 
Absence  of  contract.     38  L.R.A.  688, 
Absence  of  incorporation.     38  L.R.A,  689f 

52  L.R.A.(N.S.)    171. 
Dissolution  of  pastoral  relation.     38  L.R.A. 

689;  52  L.R.A. (N.S.)    172. 
Entitled  to  compensation.    38  L.R.A.  689. 
Individual    liabilitv.      38    L.R.A.    689;     52: 

L.R.A.(X.S.)    i72. 


INDEX  TO  L.R.A.  NOTES. 


1169 


RELIGIOUS  SOCIETIES,  IV.— cont'd 
Sale  of  property.     38  L.R.A.  689;  52  L.R.A. 

(N.S.)    172. 
Voluntary   contributions.     52   L.R.A. (N.S.) 

172. 
Unauthorized    contracts.      52    L.R.A.  (N.S.) 

172. 
Implied  contracts.     52  L.R.A.  (N.S.)   172. 
Accord  and  satisfaction.     38  L.R.A.  689. 

§   8.  Bequest  for  support  of. 

Bequest   for   support   of.      14   L.R.A. (N.S.) 

94. 
Validity   of  general   bequest   for   education 

and  support  of  ministry.     37  L.R.A.  (N. 

S.)   1004. 

§  9.  Review  by  civil  court  of  dismissal 
or  removal  of  priest  or  minister  by 
ecclesiastical  tribunal. 

See  CouBTS,  §  12. 

V.  Ttmstees. 

§   10.  Generally. 

Injunctive  relief   affecting  church  trustees. 

3  L.R.A. (N.S.)    860. 
Extrinsic  evidence  to  show  who  is  liable  on 

note  executed  by  trustees  of.    20  L.R.A. 

705. 
Power  of   court  to  order   new  election   for 

trustee  of  religious  society  because  of 

doubt  as  to  result  of  original  election. 

31   L.R.A.  (N.S.)    686. 
Right  of   member   of   church   to   injunction 

against   unlawful    sale   by   trustees.     2 

L.R.A.(N.S.)  828. 

VI.  Menibership  in. 

g    11.  Generally. 

Right  of  member  to  injunction  against  un- 
lawful sale  bv  trustees.  2  L.R.A.  (N. 
S.)    828. 

Right  of  educational,  charitable,  or  religious 
institution  to  exclude  person  on  account 
of  race  or  color.     24  L.R.A. (N.S.)   447. 

Membership  in  a  religious  society  or  de- 
nomination as  disqualification  to  serve 
as  juror  in  a  cause  involving  its  rights. 
25  L.R.A. (N.S.)   992. 

Right  of  one  member  to  maintain  action  for 
libel  or  slander  based  on  charges 
against  religious  body.  23  L.R.A,  (N, 
S.)   730. 

§12.  Liability  for  debts. 

In  general.     69  L.R.A.  255. 

Early   rule    in   Massachusetts,    Connecticut, 

and  Maine.     69  L.R.A.  255. 
Incorporated  societies.     69  L.R.A.  256. 
Unincorporated    societies.      69    L.R.A.    257. 

§  13.  Expiilsion  or  excommunication 
of  members. 

Civil  power  to  review.     15  L.R.A.  801. 

Conclusiveness  of  decision  of  ecclesiastical 
tribunal.     40  L.R.A.  354. 

Review  by  civil  courts  of  expiilsion  of  mem- 
ber.    4   L.R.A.(N.S.)    1154. 

Consult  also  L.R.A.  Digests  of  Cases. 


RELIGIOUS  SOCIETIES,  VT.— cont'd 
Power  of  civil  court  to  compel   restoration 

of  member  expelled  by.     36  L.R.A.(N, 

S.)    945. 

VII.  Pew  holders. 


22 


§    14.  Riffhts  of. 

The    nature   of   their   right  and   title. 

L.R.A.   206. 
Rights  of  the  parish  or  society.    22  L.R.A. 

212. 
Rights  of  the  pew  owner.     22  L.R.A.  213. 
Free  church.     22  L.R.A.  215. 
Attachment.     22  L.R.A.  215. 
Assessment  and  taxation.     22  L.R.A.  215. 
Relief  under  the  English  law.     22  L.R.A. 

217. 


RELIGIOUS  WORSHIP. 

Freedom  of,   see   Constitutional  Law,   § 
29a. 


Injunction     to     prevent 
L.R.A.1917D,  996. 


disturbance     of. 


RELOCATION. 


Of  mining  claim,  see  Mines,  §§  22,  23. 
Of  railroad,  see  Railroads,  §  23. 


RELUCTANT  WITNESS. 

Power  of  court  to  examine.    57  L.R.A.  881  j 
L.R.A.1916A,  1196. 


REMAINDERMEN. 


Adverse  possession  by  or  against,  see  Ad- 
verse Possession,  §  9. 

As  to  respective  rights  of  life  tenants  and' 
remaindermen,  see  Life  Tenants. 

Right  of  remaindermen  to  maintain  eject- 
ment.    18  L.R.A.  790. 

Rights  of  remaindermen  on  condemnatioik 
of  property.     21  L.R.A.  212. 

Right  to  partition  among  remaindermeik 
pending  life  estate.  28  L.R.A.(N.S.> 
125. 


REMAINDERS. 


Contingent  interests,  generally,  see  Contin- 
gent Interests. 

In  land,  see  Deeds,  §  31;  Life  Tenants; 
Wills,  §§  81,  82,  91,  101,  102. 

Acceleration  of,  by  widow's  election,  see 
Wills,  §  115. 

Acceleration    of,    by     renunciation    of   lift 
estate.     L.R.A.1915A,  671. 
74 


1170 


INDEX  TO  L.R.A.  NOTES. 


REMAINDERS— cont'd 

Estates  in  remainder  as  assets  which  will 
pass  to  the  trustee  in  bankriiptcv.  47 
L.R.A.(N.S.)    284. 

Estoppel  of  remaindermen  to  assert  interest 
as  against  purchaser  of  fee  by  conceal- 
ing the  same.     48  L.R.A.{N.S.)   756. 


REMAINS. 


See  CoBPSE. 


REMARRIAGE. 

After  divorce,  see  Mabbiage,  §§  12,  15. 


REMEDIES. 


In  general,  see  Specific  Titles,  e.  g.,  Ac- 
tion OB   Suit;    Equity;    Injunction, 

etc. 
Conflict  of   laws  as   to,   see   Conflict  of 

Laws,  §§  38-45. 
Impairment    of    obligation   of    contract    by 

change   of,   see   Constitutional   Law, 

§§  35-37. 
Election  of,  see  Electon  of  Remedies. 
For  testing  election,  see  Elections,  §  28. 
For  fraud,  see  Fbaud  and  Deceit,  §§  36- 

41. 
Against  conveyance  in   fraud  of  creditors, 

see  Fbaudulent  Conveyances,  §§  24- 

26. 
Of  or  against  heirs,  see  Heirs,  §  7. 
On  insurance  policy,  see  Insurance,  §§  201- 

206. 
Against   monopolies   and   combinations,   see 

Monopoly  and   Combinations,   §§   13, 

14. 

For  relief  from  mistake  of  law  as  to  effect 
of   instrument.     28    L.R.A.(N.S.)    894. 

Remedies  which  the  parties  to  an  ultra  vires 
contract  are  entitled  to  pursue  apart 
from  an  action  on  the  contract  itself. 
L.R.A.1917A,  1026. 

Lessee's  remedy  to  secure  possession.  L.R.A. 
3918A,  54. 

Right  of  action  for  fraud  or  deceit  causing 
loss  of  remedy.    L.R.A.1917F,  719. 


RE»IEDY  AT  LAW. 


Exhaustion  of,  as  condition  precedent  to 
equitable  remedies  of  creditors,  see 
Creditors'  Bill,  §  2.  ill. 

Exhaustion  of,  as  condition  precedent  to  IV. 
judgment  creditor's  right  to  receiver-  V. 
ship,  see  Receivers,  §  4. 

Effect  of,  on  equitable  jurisdiction,  see  VI. 
Eqihty,  §  3;  Injunction,  §  3. 

Begin  with  this  hoolc  on  every  law  question. 


REMISSION. 

Of  fines  of  loan  association.    35  L.R.A.  222. 

♦-•-♦ ■ 


REMITTITUR. 

Curing  excessive  verdict  by,  see  New  Tbial, 
§  14. 

On  appeal  to  prevent  reversal.     26  L.R.A. 
384. 


REMONSTRANCE. 


Against    liquor    license,    see    Intoxicating 

Liquors,  §  11. 
Against    public    improvement,    see    Public 

Improvements,  §  3. 

Doctrine  of  equitable  conversion  as  affecting 
one's  right  to  sign  consent  or  remon- 
strance as  landowner.  50  L.R.A.  ( N.S. ) 
32. 

Against  establishment  of  drains  and  sewers. 
60  L.R.A.  218. 

Right  to  withdraw  names  from.  11  L.R.A. 
(N.S.)    372;    35  L.R.A.(N.S.)    1113. 


REMOTE  GRANTEE. 

Right  of,  to  sue  for  breach  of  covenant 
when  covenantor  had  neither  title  nor 
possession.  14  L.R.A.  (N.S.)  514; 
L.R.A.1916D,  613. 

Will  covenant  of  general  warranty  sustain 
action  by  remote  grantee  evicted  under 
an  encumbrance,  where  the  deed  also 
contains  covenants  not  running  with 
the  land.     26  L.R.A. (N.S.)    1094. 


REMOVAIi. 


Of  executor  or  administrator,  see  Execu- 
tors and  Admixistbatobs,  §  8. 

Of  officers,  see  Municipal  Cobpobations, 
§  117;   Officers,  §§  22-24. 

Of  cause,  see  Removal  of  Causes. 

Of  trustee,  see  Trusts,  §  20. 


REMOVAL  OF  CAUSES. 

In  general}  right  of,  §§  1,  2. 

What  suits  removable;  amount  in 
controversy,  §§  3,  4. 

Grounds,  §§  6-10. 

Practice;  procedure,  §§  11-15. 

Effect  of  removal;  subsequent  pro- 
ceedings, §§  16,  17. 

Removal  of  criminal  catises,  §§18, 
19. 


INDEX  TO  L.R.A.  NOTES. 


H71 


REMOVAL  OF  CAUSES— cont'd 
I.  In  general;   right    of. 

f    1..  Generally. 

By  appeal  or  proceedings  in  error,  see  Ap- 
peal AND  Erkou. 

Effect  of  motion  for  removal  as  extending 
time  to  plead.     47  L.R.A.(N.S.)   857. 

Removal  of  cause  from  state  to  Federal 
court.     37  L.R.A.(N.S.)   392. 

Whether  case  made  for  removal,  as  Federal 
question.    62  L.R.A.  538. 

[Mandamus  to  compel  removal  of  case  to 
Federal  court  or  remanding  of  case  to 
state  court.    37  L.R.A.  (N.S.)  392. 

§    2.  Right  of. 

Right  of  plaintiff  to  remove  cause.    9  L.R.A. 

229.* 
Effect    of    subsequent    amendment    to    take 

away  right.     3  L.R.A.  546.* 

//.  M'hat   suits   removable;   amount  in 
controversy. 

§   3.  (Generally. 

Removal  of  action  under  Federal  Employers' 
Liability  Act.  47  L.R.A.(N.S.)  69; 
L.R.A.1915C,  75. 

§   4.  Ancillary  suits. 

Ancillary  suits  not  removable.  3  L.R.A. 
554. 

§   5.  Amount   in  controversy. 

Right  dependent  on  amount  in  dispute.  1 
L.R.A.  65;*  9  L.R.A.  228;*  11  L.R.A. 
568.* 

Amount  in  controversy,  in  case  of  set-oflf. 
1  L.RA.  67.* 


III.  Grounds, 

§   6.  Generally. 

Removal  of  criminal  cause  for  discrimina- 
tion as  to  jurors.    55  L.R.A.  574. 

Reliance  upon  Federal  statute  to  defeat  a 
defense  in  an  action  otherwise  main- 
tainable at  common  law,  as  a  ground 
for  removal  of  case  to  the  Federal 
court.     17  L.RA.  (N.S.)   861. 

S   7.  Citizenship. 

Removal  of  cause  to  Federal  court  because 
of   diversity   of   citizenship.     5   L.R.A. 
(N.S.)   57. 
Fraud  in  joining  a  resident  as  codefendant 
with  a  nonresident  defendant,  for  the 
purpose  of  preventing  a  removal  to  the 
Federal  court  on  the  ground  of  diverse 
citizenship.    22  L.RA. (N.S.)  1235. 
Right  in  case  of  diversity  of  citizenship  to 
remove  action   brought  in   a  state 
-    court  outside  the  territorial  juris- 
diction of  either  the  plaintiff's  or 
defendant's    residence.      50   L.R.A. 
(N.S.)   828. 

§   8.  —corporations. 

Effect  of  removal,  see  infra,  §  16. 
Consult  also  L.R.A.  Digests  of  Cases, 


REMOVAL  OF  CAUSES,  III.— cont'd 

Stipulation  against,  by  foreign  corporation. 
24  L.RA.  294. 

Citizenship  and  residence  of  corporations. 
14  L.R.A.  184. 

Removal  of  cause  by  nonresident  corporation 
joined  with  resident  employee.  1 
L.R.A.(N.S.)   370,  375. 

Right  to  remove  to  Federal  court  a  quo  war- 
ranto proceeding  against  a  foreign  cor- 
poration.    L.R,A.1918D,  857. 

§   9.  Separable  controversy. 

Removal  of  cause  to  Federal  court  because 
of  separable  controversy.    5  L.R.A. 

(N.S.)  50. 

§    10.  Prejudice  or  local  influence. 

Of  criminal  prosecution  under  U.  S.  Rev. 
Stat.   §   641.     53  L.R.A.  573. 

IV.  Practice;  procedure, 

§   11.  Generally. 

Preservation  of  property  pending  proceed- 
ings.    1  L.R.A.  66.* 

Effect  of  amendment  to  take  away  right. 
3  L.R.A.  546.* 

When  removal  perfected.    1  L.R.A.  65,*  66.* 

Practice  and  procedure  in  circuit  court.  3 
L.R.A.  545.* 

§   12.  Petition;  affidavit. 

Petition;  affidavit.     1  L.R.A.  65;*  3  L.R.A. 

546;*   9  L.R.A.  232;*   11  L.R.A.  507.* 
Affidavit  for  removal.    3  L.R.A.  547.* 
How  affidavit  taken  and  certified.    3  L.R.A. 

548.* 
By  whom  affidavit  to  be  made.     3  L.R.A. 

548.* 

§    13.  Place  of  application  for  remoral. 

Where  application  to  be  made.     11  L.R.A. 

570.* 
Application  made  to  circuit  court.    9  L.R.A. 

231.* 

§14.  Time. 

Time  within  which  application  must  be 
made.  3  L.R.A.  545;  9  L.R.A.  230;* 
11   L.R.A.  669.» 

§   15.  Bond. 

Bond.    5  L.R.A.  476.* 

F.  Effect  of  removal;  subsequent  pro- 
ceedings, 

§    16.  Generally. 

Of  criminal  prosecution.  53  L.R.A.  576, 
580. 

Effect  of  transition  from  Federal  court  to 
state  court  on  running  of  limitations. 
3  L.R.A. (N.S.)   295. 

Revocation  of  license  of  foreign  corporation 
on  account  of  removal  of  action  to  Fed- 
eral court.  1  L.R.A.(N.S.)  1019;L.R.A. 
1915F,  1187. 


1172 


INDEX  TO  L.R.A.  NOTES. 


REMOVAL  OF  CAUSES,  V.— cont'd 
§   17.  Subsequent  proceedings. 

Power  of  state  court  to  render  judgment  for 
costs  in  case  removed  to  Federal  court 
and  not  remanded.  30  L.R.A.  (N.S.) 
1059. 

Right  of  plaintiff,  after  removal  of  action 
commenced  in  state  court  to  the  Federal 
court,  and  its  dismissal  in  the  latter 
court  without  prejudice,  to  commence  a 
new  action  in  a  state  court  upon  the 
same  cause  of  action.  7  L.R.A. (N.S. ) 
501;   34  L.R.A.(N.S.)   1195. 

Effect  of  pendency  in  Federal  court  of  ac- 
tion in  personam  removed  from  state 
court  upon  right  to  commence  a  new 
action  upon  the  same  cause  in  the 
.  state  court.     26  L.R.A.(N.S.)    969. 

TI.  Removal  of  criminal  causes, 

§   18.  Generally. 

Removal  of  criminal  cause  from  one  Feder- 
al court  into  another.    63  L.R.A.  568. 

Removal  of  criminal  cause  from  territorial 
into  Federal  courts.     53  L.R.A.  581. 

§  19.  Removal  of  criminal  cause  from 
state  to  Federal  court. 

Pow.r   of   Congress  to   authorize  removals. 

53  L.R.A.  571. 
Removals  under  U.  S.  Rev.  Stat.  §  641,  to 
protect  Federal  rights.     53  L.R.A. 
572. 
Removals  under  U.  S,  Rev.  Stat.  §  643,  of 
causes  against  Federal  officers.    53 
L.R.A.  577. 
Removals  under  act  of  Congress  of  MaiAsh 
3,  1863.     53  L.R.A.  581. 


RENEWAL. 


RENEWAI^cont'd 

Termination  of  agency  as  affecting  insur- 
ance agent's  right  to  commissions  on. 
35   L.R.A. (N.S.)    153. 

Liability  of  former  stockholder  for  debts- 
of  corporation  as  affected  by  renewal 
after  transfer  of  stock.  L.R.A.1916B^ 
168. 


RENTALS. 


Of  note,  see  Bills  and  Notes,  §§  56,  57. 

Of  chattel  mortgage,  see  Chattel  Mobt- 
GAGE,    §    22. 

Of  insurance  policy,  see  Insukance,  §  39. 

Of  lease,  see  Landlord  and  Tenant,  §§  20a, 
25;  50. 

Effect  of  void  renewal  on  liability  on  orig- 
inal contract,  see  Contracts,  §  72. 

Extension  of  mortgage  lien  by  renewal  of 
secured  debt,  see  Mortgage,  §  55. 

As  affecting  liability  of  surety,  see  Princi- 
pal and  Surety,  §§  15,  16. 

Of  ferry  license.    59  L.R.A.  535. 

Validity  and  effect  of  stipulation  in  con- 
tract to  renew  on  terms  to  be  agreed 
upon.     32  L.R.A. (N.S.)   201. 

Of  obligations  by  incompetent  person.  34 
L.R.A.  274. 

Extension  of  lien  of -mortgage  by  renewal  of 
secured  debt.     55  L.R.A.  673. 

Effect  on  renewal  of  fire  insurance  policy  of 
circumstances  invalidating  original  pol- 
icy but  which  in  the  meantime  have 
ceased  to  exist.     1  B.  R.  C.  610. 

Assignability  of  insurance  agent's  right  to 
commissions  on  renewal  premiums.  18 
L.R.A.  (N.S.)    193. 

Begin  ivith  this  booTc  on  every  laxc  question. 


For,  gas,  payment  of,  see  Gas,  §  9. 

Rent  generally,  see  Landlord  and  Tenant,, 

V. 
See  also  Rates. 

Action  on  contractor's  bond  for  rental  of 
tiansportation  facilities.  43  L.R.A. 
(N.S.)   171. 

Action  on  contractor's  bond  for  rental  of 
machinery.     L.R.A.1915F,  952. 

Right  to  compel  water  company  to  furnish 
general  supply  while  municipality  ia 
in  default  in  paying  hydrant  rentals. 
34   L.R.A. (N.S.)    196. 

Power  of  municipality  to  exact  fee  or  rental 
for  vaults  or  areaways  in  street.  31 
L.R.A.(N.S.)    868. 

Reasonableness  of  regulation  of  public  serv- 
ice corporation  requiring  payment  of,, 
in  advance.  19  L.R.A. (N.S.)  693;  31 
L.R.A.  (N.S.)    319. 

Statutory  lien  on  property  of  third  person 
for  rental  of  personal  property  let  to 
contractor  for  use  in  work-  of  a  lien- 
able  nature.  16  L.R.A.  (N.S.)  585;  42 
L.R.A. (N.S.)    872. 

Discrimination  by  public  service  corpora- 
tion by  requiring  payment  of  rental  in 
advance.     31   L.R.A.  (N.S.)    315. 

Right  of  public  service  corporation  to  im- 
pose penalty  or  added  amount  for  fail- 
ure to  pay  service  bills  promptly.  31 
L.R.A.  (N.S.)   329;  43  L.R.A.  (N.S.)   63. 

Right  of  public  service  corporation  to  dis- 
continue service  after  tender  of  amount 
due.     L.R.A.1917C,  376. 


RENT  INSURANCE. 

See  Insurance,  §  218. 


RENTS. 

Accounting  for,  by  cotenant,  see  Cotenancy, 
§   8. 

In  general,  see  Landlord  and  Tenant,  §§ 
77-93. 

Guaranty  or  insurance  of,  see  Insurance,. 
§  218. 

For  lease  of  mine,  see  Mines,  III. 

Riglits  and  liabilities  of  parties  to  mort- 
gage as  to,  see  Mortgage,  §  33. 

Right  to,  on  foreclosure,  sec  Mortgage,. 
§  79a. 

See  also  Re2?tals. 


INDEX  TO  L.R.A.  AOTES. 


1173. 


HENTS— cont'd 

As  a  family  expense  or  necessary  within 
statute  rendering  wife  or  her  property 
liable   therefor.      L.R.A.1917F,    862. 

Right  to  rent  or  other  compensation  from 
private  persons  or  corporations  making 
special  or  unusual  use  of  public  records. 
L.R.A.1918E,   942. 


RENUNCIATION. 


Of  benefit  under  will,  see  Wills,  §§  110- 
115. 


REORGANIZATION. 

Of  corporations,  see  Cobpobations,  III. 


REPAIRS. 


Of  bridge,  see  Bridges,  §  3. 

Cotenant's  liability  for,  see  Cotenancy,  §  9. 

Duty  of  railroad  company  as  to  repairs  in 

highway,  see  Highways,  §  48. 
Option  of  insurance  company  to  make,  see 

Insubance,   §   174. 
■Covenant  as  to,  see  Landlord  and  Tenant, 

§§  17,  17a,  71. 
Duty   and    liability   of  landlord    as   to,   see 

Landlord  and  Tenant,  IV.  d. 
Tenant's  duty  as  to,  see  Landlord  and  Ten- 
ant, §  57. 
Lien  for,  see  Liens,  §  11. 
Master's  duty  as  to  making,  see  Master  and 

Servant,  §  80. 
Effect   of    master's    promise   to    repair,    see 

Master  and  Servant,  §§  119,  120,  130. 
Imputing  to  master,  coservants'  neglect  of 

duty    as   to    repairs,   see   Master   and 

Servant,  §  161. 
Provisions  in  paving  contract  for  keeping  in 

repair,  see  Public  Improvements,  §§8, 

9. 

Of  right  of  way.     L.R.A.1918A,  593. 

Of  levees,  58  L.R.A.  759. 

Of  drainage  ditch.     69  L.R.A.  807. 

Maritime  lien  for.     70  L.R.A.  391,  439. 

Pight  of  life  tenant  to  timber  for.  37 
L.R.A.  (N.S.)    765. 

Right  of  water  company  to  require  customer 
to  keep  service  pipe  in  repair.  32 
L.R.A.(N.S.)  229;  43  L.R.A. (N.S.)  144. 

When  separate  property  of  married  woman 
is  chargeable  with  costs  of.  3  L.R.A. 
(N.S.)   307. 

Duty  of  street  railway  as  to  repairs  of  de- 
fects in  track  or  street.     52  L.R.A.  449. 

Right  of  one  leaving  cha/ttels  in  another's 
possession  for  repairs  to  claim  title 
against  latter's  vendees  or  creditors. 
25  L.R.A. (N.S.)   796. 

Duty  of  gas  company  as  to  repair  of  lines  to 
prevent  escape  or  explosion  of  gas.  32 
L.R.A.(N.S.)    814;  L.R.A.1915E,  1022. 

"EflTect  of.  to  extend  time  for  filing  mechan- 
ics' lien.     35   L.R.A. (N.S.)    908. 

What  constitutes  reconstruction,  as  distin- 
guished from  repair,  of  pavement,  44 
L.R.A. (N.S.)    590. 

■Consult  also  L.R.A.  Digests  of  Cases. 


REPAIRS— cont'd 

Employees  engaged  in  repairing  tracks  as 

within  purview  of  statutes  abrogating 

fellow-servant    rule.      47    L.R.A.(N.S.) 

116. 
Right  and  duty  of  mortgagee  in  possession 

as  to,     49  L.R.A.  (N.S.)   123. 
Duty  of  bailor  and  bailee  respectively  as  to 

repair  of  subject  of  bailment  for  use. 

52  L.R.A.  (N.S.)  412. 
Treatment   of   cost   of,     in    estimating    the 

return  of  a  public  service  corporation 

for   rate-making   purposes.      52    L.R.A. 

(N.S.)    15. 
Specific  performance  of  repair  contracts.    6 

B.  R,  C.  912. 


REPAIR  SHOP. 


Presumption  of  statutory  authority  of  rail- 
road to  commit  nuisance  by  maintain- 
ing.   70  L.R.A.  589. 


REPARATION. 


Actions  to  enforce  reparation  awards  by 
Public  Service  Commissions.  L.R.A. 
1918E,  313. 


REPAYING. 


Liability  of  street  railway  for.     46  L.R.A. 
197. 


REPEAIj. 

Of    corporate    charter,    see    Cobpobations, 

§  19, 
Of  ordinance,  see  Municipal  Corpobatioits, 

§  22, 
Of  statute,  see  Statutes,  §§  31-36. 


REPEATED  MESSAGE. 

See  also  Unbepeated  Message. 

Applicability  of  stipulation  as  to  repeated 
messages  to  telegraph  messages  to  fail- 
ure or  delay  in  transmission  or  deliv- 
ery.    28  L,R,A,(N.S.)    566. 


REPEATED  TRESPASSES. 

Injunction  against.     13  L.R.A. (N.S.)    173; 
21   L.R.A.(N.S.)    417. 


REPETITION. 


Of  privileged  statement  as  evidence  of  mal- 
ice.    42   L.R.A.(N.S.)    1109. 


1174 


INDEX  TO  L.R.A.  NOTES. 


REPLEVIN. 

J.  In  general,  §§   1,  2. 
II.  Right  of 'action  and  recovery,    §§ 
3-10. 

a.  In  general,  §§  3-5. 

b.  For  ivhat,  §§  6-10. 
III.  Procedure,  §§   11-16. 

I.  In  general. 

§   1.  Generally. 

Action  of  trover,  see  Tboveb. 

Right  to  damages  for  detention  of  property 
pending  appeal  in  replevin.  52  L.R.A. 
(N.S.)   1199. 

First  and  last  davs  in  computing  time  on. 
49   L.R.A.   223. 

Objection  to  specific  performance  of  con- 
tract in  relation  to  personal  property 
that  replevin  or  detinue  furnishes  a 
remedy.    L.R.A.1918E,  606. 

§  2.  Duty  to  preserve  and  return  prop- 
erty replevied. 

Loss   or    destruction   of   the    property.      69 

L.R.A.  283. 
Depreciation   of   the   property.      69    L.R.A. 
286. 

II.  Right  of  action  and  recovery. 

a.  In  general. 

§  3.  Generally. 

Right  of  tenant  or  cropper  to  maintain  re- 
plevin for  crops.     L.R.A.1917C,  1114. 

Shipper's  right  to  maintain  replevin  for 
goods  shipped  for  less  rate  than  that 
fixed  by  interstate  commerce  act.  38 
L.R.A.(N.S.)    354. 

Seller's  mistake  as  to  identity  of  vendee  as 
affecting  the  passing  of  the  title  to  the 
goods  sold.     13  L.R.A.   (N.S.)   413. 

Bringing  action  for  purchase  price  as  waiver 
of  right  in  conditional  sale  to  recover 
property  in  specie.  23  L.R.A. (N.S.) 
144. 

Hight  of  one  who  intends  to  make  an  il- 
legal use  of  property  to  invoke  aid  of 
court  for  recovery  from  one  who  has 
wrongfullv  taken  the  same.  39  L.R.A. 
(N.S.)   109.3. 

To  recover  goods  purchased  with  knowledge 
of  inability  to  pav  for  them.  44  L.R.A. 
(N.  S.)    1. 

To  recover  stranded  logs  or  timber.  43 
L.R.A. (N.S.)   460. 

Right  of  garnishee  to  replevy  his  property 
taken  in  execution  upon  judgment 
against  him  where  there  was  no  legal 
service  upon  the  principal  debtor  in  the 
principal  suit.     51  L.R.A. (N.S.)   601. 

Bailee's  right  to  maintain  action  of,  for 
damage  or  conversion  of  bailed  prop- 
erty.    3  B.  R.  C.  393. 

Right  of  chattel  mortgagor  to  maintain  re- 
plevin to  recover  property  unlawfully 
seized  by  mortgagee  assuming  to  act 
under   mortgage.     L.R.A.1915E,   193 


REPLEVIN,  II.  a— cont'd 
§   4.  Conditions  precedent. 

Necessity    of    returning    consideration    be- 
fore bringing  replevin  for  property 
obtained    by    fraudulent    purchase. 
21    L.R.A.    206;     1    L.R.A.  (N.S.) 
474. 
Right  of  conditional  seller  to  replevin  prop- 
erty  without   returning   or   offering   to 
return    purchase    monev.       38    L.R.A. 
(N.S.)    897;  51  L.R.A.(N.S.)    251. 

§  5.  AVhere  defendant  not  in  posses- 
sion. 

Right  to  maintain  action  to  recover  prop- 
erty in  specie  against  one  not  in 
possession.     18  L.R.A. (N.S.)   1265. 

b.  For    what. 

%   6.  Generally. 

Possessory  action  for  tax  receipts.  45 
L.R.A.(N.S.)    785. 

To  recover  irambling  device.  45  L.R.A. 
(N.S.)    336. 

For  crops.     L.R.A.1917C,  1114. 

For  dogs.     40  L.R.A.  507. 

For  intoxicating  liquors.  20  L.R.A. (N.S.) 
1118. 

For  timber  cut  but  not  removed  before  ex- 
piration of  time  limit.  29  L.R.A. 
(N.S.)  547. 

To  recover  the  produce  of  trees  unlawfully 
cut   from  land.     19  L.R.A.   654. 

For  deed  of  real  property.  20  L.R.A.  (N.S.) 
507. 

For  promissory  note.     3  L.R.A. (N.S.)    138. 

Right  to  maintain  trover  to  recover  pos- 
session of  paid  bill  or  note.  16  L.R.A. 
(N.S.)    1043. 

§    7.  Undivided   interest   in   perSbnalty. 

General  rule.  37  L.R.A.  (N.8.)  2G7;  L.R.A. 
1916B,  1183. 

Exception  as  to  divisible  property  of  uni- 
form kind,  qualitv,  and  value.  C7 
L.R.A. (N.S.)  269. 

Commingled  goods.  37  L.R.A. (N.S.)  270; 
L.R.A.1916B,  1183. 

§   8.  Tilings  severed  from  land. 

Right   to   maintain,   by   or   against   one    in 
adverse     possession     of     land,     for 
things  severed.    69  L.R.A.  732. 
To  recover  fence  post  cut  by  adjoining  own- 
er  from   hedge   on   boundarv   line.      46 
L.R.A. (N.S.)    6. 
Right  of  owner  of  land  to  replevin  severed 
crops  grown  thereon  by  one  not  in  priv- 
ity with  him.     L.R.A.1918A,  552. 

§   9.  Property  in  custody  of  law. 

For  property  taken  by  levy  under  void  or 
voidable  judgment.     55  L.R.A.  280. 

§    10.  — property    already   replevined. 

Right  of  one  from  whom  property  has  been 
taken  in  replevin  to  maintain  simi- 
lar   action    for    its    recovery.      8 
L.R.A. (N.S.)   216. 
Right  of  one  not  a  party  to  original  replevin 
action  to  recover  property  seized  under 
process  in  that  action.    5  L.R.A. (N.S.) 
495. 


Begin  icitJi  this  book  on  every  law  qiiestion. 


INDEX  TO  L.R.A.  NOTES. 


1175 


KEPLEVIN— cont'd 

Replevin  for  property  held  under  redelivery 
bond  given  to  secure  release  of  prop- 
erty from  legal  process.  L.R.A.19171), 
987. 

III.  Procedure. 

§   11.  Generally. 

Measure  of  recovery  in,  see  Damages,  §  69. 

Right  to  break  and  enter  dwelling  to  serve 
writ  of.     L.R.A.1916D,  284. 

Effect  of  admission  to  change  burden  of 
proof  and  right  to  open  and  close.  61 
L.R.A.  539,  546. 

Right  to  accept  favorable  part  of  judgment 
and  appeal  from  the  rest.  29  L.R.A. 
(N.S.)    14. 

Who  is  real  party  in  interest,  who  must 
bring  action  in  replevin.  64  L.R.A. 
606. 

Whether  action  to  be  brought  against  ex- 
ecutor or  administrator  in  personal  or 
representative  capacity.    51  L.R.A.  266. 

§    12.  Bond. 

Measure  of  recovery  on,  see  Damages,  §  28. 

Presumption  as  to  time  of  alteration  in. 
39  L.R.A.  (N.S.)    100. 

Condition  that  replevin  bond  shall  not  take 
effect  until  signed  by  others.  45  L.R.A. 
334. 

Effect  of  delivery  of  bond  unsigned  by  prin- 
cipal  obligor.     12   L.R.A. (N.S.)    1118. 

Replevy  bond  as  precluding  defendant  in  at- 
tachment suit  from  attacking  the 
ground  of  attachment.  32  L.R.A. (N.S.) 
406. 

Form  of  judgment  on  replevin  bond.  62 
L.R.A.  453. 

Effect  upon  surety  on  replevin  bond  of 
judgment  against  principal.  40  L.R.A. 
(N.S.)  744;  L.R.A.1918E,  820. 

Filing  bond  to  secure  release  of  property 
as  an  appearance.    L.R.A. 191 6F,  587. 

Effect  of  bond  or  receipt  given  to  secure 
surrender  of  property  by  officer  as  an 
estoppel  after  it  has  been  returned  to 
officer.     L.R.A.1916F,  942. 

Liability  of  sureties  on  replevin  bond  where 
judgment  is  in  favor  of  one  principal 
and  against  another.  51  L.R.A. (N.S.) 
660. 

Liability  on  replevin  bond  where  suit  is  dis- 
missed or  discontinued  or  nonsuit  suf- 
fered, without  a  judgment  for  the  re- 
turn of  the  property.  L.R.A.1917A, 
1191. 

Replevin  for  property  held  mnder  a  redeliv. 
ery  bond  given  to  secure  release  of  prop- 
erty from  legal  process.  L.R.A.19171), 
987. 

§  13.  —defects  or  irregnlarities  In,  as 
defense  to  action  on  bond  which 
has  served  its  purpose. 

Effect  of  insertion  of  unauthorized  provi- 
sions in.    L.R.A.1917B,  990. 

Enforceable  as  a  common-law  bond.  29 
L.R.A. (N.S.)    747. 

Amount  of  the  bond.     29  L.R.A. (N.S.)   748. 

Consult  also  L.B.A.  Digests  of  Cases. 


REPLEVIN,  III.— cont'd 

Defect    in    condition    of    bond.      29    L.R.A. 

(N.S.)   748. 
Omission  of  name.    29  L.R.A. (N.S.)   749. 
Irregularities    in    execution    of    bond.      29 

L.R.A.(N.S.)    749. 
Signing  or  delivering  on  Sunday.    29  L.R.A. 

(N.S.)   750. 
Delivery.     29  L.R.A. (N.S.)    751. 
Acceptance  and  approval.    29  L.R.A. (N.S. ) 

751. 
Filing.     29  L.R.A.(N.S.)    751. 
Failure  of  sureties  to  justify.     29  L.R.A. 

(N.S.)   751. 
Clerical  errors.    29  L.R.A. (N.S.)  751. 
Officer's  assignment.     29  L.R.A.  (N.S.)    752. 
Alteration  of  bond.     29  L.R.A.(N.S.)    752. 
Filing  additional  bond  as   release  of   sure- 
ties    on     original     undertaking.       29 

L.R.A.  752. 
Effect  of  disability  of  one  of  the  makers. 

29L.R.A.(N.S.)  752. 

§   14.  Defenses. 

To  action  on  bond,  see  supra,  §  13. 

Availability  of  breach  of  warranty  as  de- 
fense in  replevin  or  claim  and  delivery 
where  not  specially  pleaded.  34  L.R.A. 
(N.S.)   473. 

§   15.  Judgment,  verdict. 

What  matters  concluded  by  judgment,  see 
Judgment,  §  36. 

Judgment  against  plaintiff  in  replevin  of 
Jogs  involving  boundary  as  eSitablishing 
boundary  claimed  by  defendant.  38 
L.R.A.  (N.S.)    1020. 

Requisites  of  special  verdict  in  action  of. 
24  L.R.A.(N.S.)    18. 

Right  to  reject  property  because  of  de- 
preciation, under  alternative  judgment 
for  return  of  property  or  for  its  value. 
45  L.R.A. (N.S.)   40. 

Liability  on  replevin  bond  where  suit  is  dis- 
missed or  discontinued,  or  nonsuit  suf- 
fered, without  a  judgment  for  the  re- 
turn of  the  property.  L.R.A.1917A, 
1191. 

§   16.  Set-oflf;    recoupment. 

Right  of  one  garnished  in  respect  of  prop- 
erty wrongfully  taken  from  debt  to  set 
off  his  own  claim  against  latter.  30 
L.R.A.(N.S.)   1185. 

Right  in  replevin  to  recoup  damages  grow- 
ing out  of  same  transaction.  24  L.R.A, 
(N.S.)   748. 


REPLY. 

See  also  Pleading,  §  40. 

Necessity  of  proof  of  genuineness  of  reply 
letter.     17  L.R.A. (N.S.)   229. 


REPORT. 

Contempt   in    publishing   inaccurate  report 
of  court  decision,  see  Contempt,  §§  6, 

7. 


:i76 


INDEX  TO  LuIuA.  NOTES. 


PvEPORT— cont'd 

J.iability  of  corporate  oflBcers  for  failure  to 
file,  see  Cobporatio's,  §  56. 

Admissibility  in  evidence,  see  Evidence,  § 
130. 

Privileged  nature  of,  see  Libel  and  Slan- 
der, §§  24-27. 

Of  referee,  see  Reference,  §  3. 

Collateral  attack  for  fraud  not  afifecting 
jurisdiction  on  judgments  and  orders 
confirming.     36  L.R.A.(N.S.)    982. 

Liability  of  corporate  officer  who  fails  to 
file  report  required  by  statute  to  surety 
or  guarantor  of  corporate  property.  35 
L.R.A.(N.S.)    866. 

False  statements  in  reports  required  by 
statute  to  be  made  by  public  oflBcer  as 
basis  of  action  by  individuals  at  com- 
mon law  for  deceit  against  corporate 
oflBcers  or  directors  personally.  6 
L.R.A,{N.S.)  872. 


^*» 


REPORTER. 

See  Newspapers. 


REPRESENTATION. 

As  fraud,  see  Fraud  and  Deceit. 
By  insured,  see  Insurance,  V.  h. 

Of  persons  not  in  being.  8  L.R.A.  (N.S.) 
51. 

Taxation  without,     15  L.R.A. (N.S.)    67. 

Power  of  corporate  president  and  vice  presi- 
dent as  to.     14  L.R.A.  359. 

Eflfect  of  admission  of  state  into  the  Union 
upon  provisions  of  ordinance  of  1787 
as  to  proportionate  representation  of 
the  people  in  the  legislature.  52  L.R.A. 
(N.S.)   311. 


REPRODUCTIONS. 

As  infringement  of  common  law  rights  in 
literary  productions.  51  L.R.A.  379; 
43  L.R.A.(N.S.)   639. 


REPUBLICAN   FORM   OP   GOVERN- 
MENT. 

See  Constitutional  Law,  §  21, 


♦  •» 


REPUDIATION. 


REPUGNANCY. 

In  provisions  of  will,  see  Wills,  §§  63,  78. 

Validity  of  condition  in  deed  that  the 
grantee  shall  not  sell  in  the  lifetime  of 
the  grantor.     L.R.A.1916D,  930. 

Validity  of  restraints  on  alienation  of  legal 
life  estates.     L.R.A.1918E,  571. 


18 


♦-•-♦ 

REPURCHASE. 

See  also  Resale. 

By  corporation  of  its  own  shares  of  stock. 
44  L.R.A.(N.S.)  156;  L.R.A.1916F, 
286. 

Validity  of  contract  by  vendor  to  repur- 
chase vendee's  interest  after  latter's 
default.     35  L.R.A. (N.S.)    544. 

Agreement  by  corporation  at  time  of  sale 
to  repurchase  its  own  shares  of  stock. 
25  L.R.A. (N.S.)    53. 


REPUTATION. 


Of  agreement  to  turn  state's  evidence 

L.R.A.  (N.S.)  823. 
Right   of   offi.cer   to   repudiate  resignation 

L.R.A.1917F,  547. 
Segin  with  tJiis  booTc  on  every  law  question. 


As  to  character,  see  Character. 

Evidence  as  to,  see  Evidence,  §§  249-253. 

Of  deceased  as  affecting  homicide,  see  Homi- 
cide, §  3. 

Actionability  of  statement  as  to  servant's 
reputation,  see  Libel  and  Slander, 
§§  20,  27. 

Competency  of  witness  as  to,  see  Witnesses, 
§  25. 

Statute  making  reputation  prima  facie 
evidence  of  character.  L.R.A.1915C, 
734. 

Necessity  of  corroborating  evidence  as  to 
reputation  of  house  to  support  a  con- 
viction for  keeping  disorderlv  house. 
46  L.R.A.(N.S.)   593. 

Of  indorser  as  putting  purchaser  of  nego- 
tiable paper  on  inquirv.  29  L.R.A. 
(N.S.)  373;  44  L.R.A.(N.S.)  403; 
L.R.A.1918F,  1153. 

Truth  as  defense  to  civil  action  for  libel 
or  slander  injurious  to.  31  L.R.A. 
(N.S.)    143. 

Extent  of  trespasser's  liability  for  injury  to. 
53  L.R.A.  634. 

Certificate  of,  to  servant;  rights  and  lia- 
bilities   as    to.      4    L.R.A. (N.S.)    1091. 

Liability  growing  out  of  repetition  of  in- 
formation affecting  character  of  reputa- 
tion of  servant.     4  L.R.A. (N.S.)    1114. 

Right  of  innke^er  to  refuse  to  accept  as 
guest,  persons  of  bad  reputation.  52 
L.R.A.(N.S.)   744. 

Admissibility  of  declarations  and  repute  on 
question  whether  child  was  born  dead,  or 
alive.     L.R.A.1918D,  1085. 


REPUTED  FATHER. 

Right  to  custodv  or  control  of  illegitimate 
child.     65  L.R.A.  689. 


INDEX  TO  L.R.A.  IvOTES. 


1U7 


REPUTED  WIFE. 

liability     for     necessaries     furnished     to. 
L.R.A.1917B,  1290. 


REQUEST, 


As  condition  precedent  to  bringing  of  suit, 
see  Action  or  Suit,  §  9. 

Of  party  for  arbitration  of  insurance  loss. 

15  L.R.A.(N.S.)   1065. 
For  goods' as  subject  of  forgery.    32  L.S.A. 

(N.S.)   327. 


RESAIjE. 

For  purpose  of  fixing  damages  from  pur- 
chaser's refusal  to  accept  goods,  see 
Damages,  §  35a. 

Control  over,  as  element  of  monopoly,  see 
Monopoly  and  Combinations,  §§  5,  6. 

See  also  Repurchase. 

Measure  of  damages  for  nondelivery  of 
goods  as  affected  by  resale  before  time 
of  delivery.     7  B.  R.  C.  356. 

Measure  of  damages  for  delay  in  delivery  of 
goods  purchased  as  affected  by  price  at 
which  they  were  resold.    7  B.  R.  C.  331. 

Purchaser's  right  on  rejecting  goods  for 
breach  of  warranty  to  resell  them  on 
seller's  account.     27  L.R.A.(N.S.)    932. 

Validity  of  contract  provision  seeking  to 
control  prices  at  which  articles  shall 
be  resold.  27  L.R.A.(N.S.)  395;  51 
L.R.A.(KS.)   522;  L.R.A.1917A,  1285. 

Validity  of  conditional  sale  contracts  as  af- 
fected by  expressed  or  implied  permis- 
sion to  purchaser  to  resell  in  the  or- 
dinary course  of  business.  L.R.A. 
1917B,  658. 


RESCISSION. 


For  breach  of  condition  subsequent,  see  Con- 
ditions, §  13. 

Of  contract,  generally,  see  Contracts,  §§ 
149-156. 

Of  deed,  see  Deeds,  §  33. 

Of  contract  of  employment,  see  Master 
AND  Servant,  §  38. 

Of  contract  for  sale  of  personalty,  see  Sale, 
§§  62-70. 

Of  contract  for  sale  of  land,  see  Vendor 
and  Purchaser,  §§  22-25. 

See  also  Cancelation  of  Instruments,  §§ 
22-25. 

Power  of  corporation  to  rescind  declaration 
of  dividend     L.R  A.1917B,  736. 


RESCUE. 

Homicide  to  prevent     67  J..R.A.  302. 
f^onsttlt  also  L.R.A.   Digestfi  of  Cases. 


RESCUE— cont'd 

Riglit  of  one  going  on  railroad  crossing  to 
rescue  property  to  recover  for  injury. 
28  L.R.A.  (N.S.)    346. 

Voluntarily  incurring  danger  to  save  an- 
other's life  as  contributory  negligence. 
27  L.R.A. (N.S.)    1069. 

Care  required  of  one  attempting  to  rescue 
another  in  sudden  emergency.  37  L.R.A. 
(N.S.)   46. 


)  «»«)Jr.« 


RESEMBLANCE. 


As  evidence  of  relationship,  see  Evidence, 

§   154. 
Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,  719. 


RESENTENCE. 


Of  person  convicted  of  crime,  see  Criminal. 
Law,  §  76. 


RESERVATION. 


§   1.  Generally. 

In  deeds,  see  Deeds,  §§  24-27. 

Creation  of  easement  by,  see  Easements, 

§  8. 
Of  rights  against  others  by  releasing  one 

joint  debtor,  see  Joint  Creditors  and 

Debtors,  §  9. 
Of  title  on  sale  of  personal  property,  see 

Sale,  XI.  b. 

Of  title  in  bailment  for  sale.  22  L.R.A» 
850. 

Knowledge  or  notice  of,  sufficient  to  put 
purchaser  from  fraudulent  vendor  on 
inquiry.     32  L.R.A.  56. 

Of  right  to  dam  back  water  of  stream.  5& 
L.R.A.  830. 

Transfer  of  purchase  money  obligation  as 
affecting  reservation  of  title  on  con- 
ditional sale.     37  L.R.A.(N.S.)   71. 

Reservation  of  right  of  re-entry  as  affecting 
character  of  instrument  as  assignment 
or  sublease.     42  L.R.A.(N.S.)    1084. 

Validity  of  reservation  in  dedicating  land 
for  street.    L.R.A.1917C,  229. 

§   2.  Of  public  land. 

Indian  reservation,  see  Indian  Reservation* 
Military  reservation,  see  Mhjtaby  Reser- 
vation. 
Naval  reservation,  see  Naval  Reservation. 
Forest  reservation,  see  Public  Lands,  §  6.. 

Cutting  of  timber  on.     70  L.R.A.  909. 


RESERVE. 


EfTect  of  statute  providing  for  application 
of  reserve  to  purchase  of  extended  or 
paid  up  insurance.  13  L.R.A. (N.S.) 
1046. 


1178 


INDEX  TO  L.R.A.  NOTES. 


RESERVE  FUND. 

Taxation  of,  as  part  of  capital  stock  of 
corporation.      58    L.R.A.    569. 

Effect  of  provision  that  deficiency  in  assess- 
ment may  be  paid  from.  10  L.R.A. 
(N.S.)    264. 


RESERVOIR. 


Passing  of  storage  reservoir  to  grantee  of 
mill.     58  L.R.A.  490. 

Liability  for  vi^ithdrawing  water  from.  62 
L.R.A.  579. 

Liability  for  escape  of  water  from.  15 
L.R.A.(N.S.)    535. 

Doctrine  of  "attractive  nuisance"  as  ap- 
plied to.  19  L.R.A.(N.S.)  1143;  47 
L.R.A.(N.S.)    1101. 

Contributory  negligence  of  child  falling 
into.     L.R.A.1917F,  109. 

Right  to  consider  value  of  property  as  part 
of  natural  water  power  in  fixing  com- 
pensation for  taking  land  for.  3 
L.R.A.(N.S.)   912. 


RES  GEST.SJ. 

See  Evidence,  XI. 


RESHIPMENT. 


Right  of  stoppage  in  transitu  after  reship- 
ment.     34  L.R.A. (N.S.)    31. 


RESIDENCE. 

See  DoMiciL  and  Residence. 


RESIDENT  COUNSEIi. 

Attorney's    implied   power   to  employ.     23 

L.R.A.(N.S.)    707. 


RESIDUARY  CliAUSE. 

"What   property   passes  under,   see   Wills, 
§  74. 

4  »» 


RESIDUARY  L.EGATEE. 


20 


Right  of,  to  gift  failing  for  remoteness 

L.R.A.  517. 
When  will  the  appointment  of  a  residuary 

legatee  amount  to  a  gift  of  undisposed 

of  realty.     5  B.  R.  C.  141. 


RESIGNATION. 

Of  personal   representative,  see  ExecutobS 

AND  Administkatobs,  §  8. 
Of  officer,  see  Officebs,  §  19. 
Of  referee,  see  Refeeence. 

Necessity  of  and  time  for  acceptance  of 
resignation  by  employee  of  a  private 
employer.     L.R.A.1915D,  477. 


RES  IPSA  liOQUITUR. 

See  Evidence,  III.  g. 


RESISTANCE. 


Of  arrest,  see  Abeest,  §§  7,  8. 
Of  trespass,  see  Tbespass,  §  3. 


RESISTING  ARREST. 

See  Abbest,  §§  7,  8. 

♦*-♦ 

RESISTING  OFFICER. 

See  Abbest,  §§  7,  8. 


RES  JUDICATA. 

See  Judgment,  III. 

♦ » » 


RESOLUTION. 


Distinguished  from  ordinance.  14  L.R.A. 
268. 

First  and  last  days  in  computing  time  for 
passing  and  taking  effect  of.  49  L.R.A. 
243. 

Effect  of  resolution  of  city  to  pay  judgment 
against  it  to  excuse  creditor's  failure 
to  issue  execution  or  revive  judgment 
during  statutory  period.  2  L.R.A, 
(N.S.')  855. 

Effect  of  resolution  by  corporate  directors 
to  complete  a  contract.  18  L.R.A. 
(N.S.)   293. 

Retroactive  effect  of  resolution  of  mutual 
insurance  company  clianging  period 
during  which  policy  may  be  contested 
for  suicide.     12  L.R.A. (N.S.)   504. 


Begin  ivith  this  booTc  on  every  laiv  question. 


RESPONDEAT  SUPERIOR. 

In  general,  see  Masteb  and  Sebvant,  IV. 


INDEX  TO  L.E.A.  NOTES. 


1179 


RESPONDENTIA. 


RESTRAINT   ON  ALIENATION. 


Bonds  of,  as  giving  maritime  lien.  70  L.R.A.    In  will,  see  Wills,  §§  78,  87. 
429.  See  also  Perpetuities. 


RESTAURANT. 


§    1.  Generally. 

Tower  to   require  license  to  keep,  see  Li- 
cense, §  22b. 
Municipal  control  over,  see  Municipal  Cob- 

PORATIONS,   §   47. 

Use  of  railroad  right  of  way  for  purposes 
of,  as  against  owner  of  fee.     36  L.R.A. 

(N.S.)   518. 

§   2.  Liability  of  keeper  of. 

Liability  for  serving  unfit  food.  40  L.R.A. 
(N.S.)   480;  L.R.A.1915B,  481. 

Liability  of  keeper  of,  for  assault  by  his 
servant  upon  a  patron.  12  L.R.A. 
(N.S.)   1155;  L.R.A.1918E,  708. 

Liability  of  restaurant  keeper  to  customer 
for  injury  bv  act  of  servant  in 
emergency.      21    L.R.A.  (N.S.)    464. 

Proprietor  of  hotel  conducted  on  European 
plan  as  keeper  of,  within  license  stat- 
ute or  ordinance.     17  L.R.A. (N.S.)  566. 

Serving  liquor  with  meals  by  proprietor  of 
hotel  or  restaurant  as  a  sale  thereof. 
25  L.R.A. (N.S.)  943;  52  L.R.A. (N.S.) 
722. 

Serving  game  or  fish  with  meal  as  violation 
of   game   law.      L.R.A.1917F,    769. 


RESTITUTION. 

On  reversal,  see  Appeal  and  Error,  §  44a. 


RESTORATION. 


As   prerequisite    to    rescission    of   contract, 

see  Contracts,  §  156. 
On    disaffirmance   of    infant's   contract,   aee 

Infants,  §  23. 
To  office,  see  Officers,  §  26. 

Restoration  of  right  to  vote  by  service  of 
sentence  upon  conviction  for  crime.  32 
L.R.A.  (N.S.)  418. 

Right  of  riparian  owner  to  restore  stream 
which  has  changed  its  course  by 
natural  causes  to  old  channel.  L.R.A. 
1916F,  407. 


RESTRAINT  OF  TRADE. 

Contracts  in  restraint  of  trade,  see  Con- 
tracts, §§  107-109,  117,  118;  Monop- 
oly AND  Combinations. 

Breach  of  contract  not  to  engage  in  rival 
business,  see  Contracts.  §    131c. 

Consult  also  L.R.A.  Digests  of  Cases. 


RESTRAINT  ON  MARRIAGE. 

See  Mabbiaqe,  §  3. 


RESTRICTIONS. 


Restrictive  covenants,  see  Covenants,  §§ 
5-7,  21-25. 

On  use  of  dedicated  property,  see  Dedi- 
cation, §  3. 

On  purchaser  of  patent,  or  patented  article, 
see  Patents,  §§   12,   13. 

On  right  of  railroads  to  combine,  see  Rail- 
roads, §  10. 

On  sale  or  use  of  property  as  affecting  pur- 
chaser, see  Sale,  §  43. 

On  power  of  corporation  or  association  to 
take  under  will,  see  Wills,  §§  72,  73. 

In  will,  see  Wills,  §§  83-90. 

On  admission  to  theater  or  other  place  of 
amusement.     L.R.A.1916E,    253. 

Right  of  purchaser  of  personalty  to  sell  or 
use  it  free  from  restrictions  affecting 
it  in  hands  of  vendor.     55  L.R.A.  631. 

Validity  of  restriction  in  deed  as  to  use  of 
property  inserted  for  purpose  of  secur- 
ing a  monopoly  to  the  grantor.  14 
L.R.A. (N.S.)    910. 

Right  of  manager  to  impose  restrictions  on 
admission  to  theater.  1  L.RA..  (N.S.) 
1188. 

Offense  of  keeping  gaming  house  as  affected 
by  restrictions  on  admission.  33 
L.R.A.(N.S.)  549. 


RESTRICTIVE  COVENANTS. 

See  Covenants,  §§  6-7,  21-25, 
♦  •» ■ 


RESULTING  TRUSTS. 

See  Trusts,  §  13. 

♦•» 

RETAIL. 

What  constitutes  sale  of  liquor  at,  see  In- 
toxicating Liquors,  §  21. 

Right  to  fix  retail  price  of  book  as  inci- 
dent of  copyright.  15  L.R.A. (N.S.) 
767. 

Condition  imposed  by  manufacturer  as  to 
retail  price,  as  binding  upon  retailer 
purchasing  from  middleman.  3  B.  R. 
C.  299. 


1180 


INDEX  TO  L.R.A.  NOTES. 


RETAINER. 

Of  attorney,  see  Attorney,  §  7. 


RETAINING  WALL. 

Duty    as    to   maintenance    and    repair    of. 

L.R.A.1917F,  683. 
Cost  of,  as  element  of  damages  for  removal 

of  lateral  support.     68  L.R.A.  706. 


RETAKING. 


Seller's  right  to  retake  property,  see  Sale, 
§§  44,  50. 


RETALIATION. 


Disproportionate  retaliation  as  affecting 
degree  of  homicide  in  heat  of  passion. 
5  L.R.A.(N.S.)   822. 

Retaliatory  statements  in  argument  of 
counsel  to  jury.  L.R.A.1918D,  18,  107. 


RETALIATION  LAWS. 

In  respect  to  corporate  taxation.    60  L.R.A. 

360. 
Imposing  restrictions  on  business  of  foreign 

insurance  companies.    24  L.R.A.  303. 


RETENTION. 

Of  witnesses,  see  Witnesses,  §  3. 
» » » 
RETENTION  OF  POSSESSION. 

Presumption    of    fraud    towards    creditors 

from,  see  Evidence,  §  49. 
Effect    of,    on    validity    of    conveyance    as 

against     creditors,     see     Fbaudulent 

Conveyances,  §§  19,  20. 


BETORNO  HABENDO. 

Right  to  break  and  enter  dwelling  to  serve 
writ  of.     L.R.A.19I6D,  284. 


RETRACTION. 


RETRAXIT. 

Right  of  attorney  to    enter    retraxit. 
L.R.A.(N.S.)    1313. 


2» 


RETREAT. 


Necessity   of,   before    committing  homicide^ 
see  IIoinciDE,  §  29. 


RETROSPECTIVE  BY-LAW. 

Validity  of  retrospective  by-law  of  benefit 
society  or  insurance  company,  see  In- 
surance, §  47. 


RETROSPECTIVE  STATUTES. 

In  general,  see  Constitutional  Law,  §§  8- 
10;  Statutes,  §  28. 

Criminal  responsibility  for  violation  of  a 
statute  after  a  judicial  ruling  that  it 
was  unconstitutional  and  before  that 
ruling  had  been  changed.  33  L.R.A» 
(N.S.)    788. 


Sufficiency  of.  to  reduce  damages  in  libel  as 
a  question  for  court  or  for  jury.  25 
L.R.A.  (X.S.)    796. 

Begin  xcitTi  this  hooTc  on  every  law  question. 


RETURN. 

§    1.  Generally. 

To  execution,  see  Execution,  §  10. 

Of  public  service  corporations,  see  PUBLIC 
Service  Corporations,  §  6. 

Of  process  generally,  see  Writ  and  Proc- 
ess,  §   41. 

Necessity  of,  to  protect  officer  making  ar- 
rest.    51  L.R.A.  201. 

§   2.  Of  money  or  goods. 

Of  insurance  premium,  see  Insurance,  §§ 
116-118. 

Recovery  back  of  money  paid,  see  Assump- 
sit, §§  2-10. 

Of  purchase  price,  see  Judicial  Sale,  §  15; 
Purchase  Money,  §  4. 

Of  consideration  on  setting  aside  release, 
see  Release,  §  7. 

Necessity  of,  on  breach  of  warranty,  see 
Sale,  §  57. 

Of  consideration  as  prerequisite  to  rescis- 
sion of  contract  of  sale,  see  Sale,  §  64. 

Necessity    for,    as    condition    of    judgment 

creditor's     right     to     receivership.     33 

L.R.A.  546. 
Liability  of  auctioneer  or  clerk  of  auction 

for  return  of  money.     35  L.R.A.  (N.S.) 

481. 
Construction    of    provision    for    return    of 

goods    sold    in    case    of    rescission    for 

breach  of  warranty.     32  L.R.A. (N.S. > 

212. 


INDEX  TO  L.R.A.  NOTES. 


1181 


RETURN  DAY. 

Amendment  of  claim  or  pleading  by  chang- 
ing return  day  as  discharge  of  sureties 
on  bonds  given  to  dissolve  attachments 
or  on  bail  bonds  in  civil  actions.  42 
L.R.A.(N.S.)    490. 

Effect  of  uncertainty  as  to  return  day  in 
copy  of  writ  or  process  delivered  to  per- 
8on  served.     L.R.A.1917C,  156. 

■»*» 


REVALUATION. 

Of  homestead,  see  Homestead,  §  21. 

♦•» 

REVENUE. 

Internal  revenue,  see  Internal  Revenue. 

What  are  acts  for  raising  revenue  vrhich 
must  originate  in  lower  branch  of 
legislature.    35  L.R.A.  188. 

Conclusiveness  of  enrolled  bill  for  raising. 
40  L.R.A.  (N.S.)   1. 

Execution  of  revenue  bond  on  condition 
that  others  shall  sign.     45  L.R.A.  335. 

What  is  revenue  on  which  guardian  is  enti- 
tled to  commissions.    L.R.A.1917C,  194. 


REVENUE  OFFICERS. 

Liability  of  landlord  of  office  building  for 
injury  to.     L.R.A.1916F,  1120. 


REVENUE  STAMP. 

In  general,  see  Internal  Revenue,  §  2. 

Omission  from  copy  of  writ  or  process  de- 
livered to  person  served  of  copy  of  rev- 
enue stamp  upon  the  original  writ. 
L.R.A.1917C,  154. 


REVERSAL. 


Grounds  for,  see  Appeal  and  Ebbob,  §§35- 
40. 


REVERSED    CONVICTION. 

Ai    evidence    of    probable     cause.       L.R.A. 
1916F,  196. 


REVERSIBLE  ERROR. 

See  Appeal  and  Error,  §§  35-40. 
Consult  also  L.R.A.  Digests  of  Cases. 


REVERSION. 

Of  property  dedicated,  see  Dedication,  §  9. 
Under  provisions  of  deed,  see  Deeds,  §  35, 
Of  street,  see  Highways,  §  112. 

Reversionary  interests  as  subject  of  attach- 
ment or  levy  on  execution.  23  L.R.A. 
643;   30  L.R.A. (N.S.)    118. 

Are  "heirs"  who  take  under  the  possibility 
of  reverter  determined  as  of  the  time 
of  the  ancestor's  death,  or  as  of  the 
time  of  the  termination  of  the  fee.  18 
L.R.A. (N.S.)   624. 

Possibility  of  reverter  on  dedication  of  land 
in  which  third  persons  have  an  inter- 
est,    31  L.R.A.(N.S.)   1026. 

Effect  on  estates  in  reversion  of  tax  sale 
during  existence  of  life  estate.  33 
L.R.A.  688. 


REVERSIONARY  INTEREST. 

Personal  liability  of  a  trustee  for  losses  to 
trust  estate  from  investing  funds  on  se- 
curity of.     44  L.R.A.(N.S.)    918. 


REVERSIONERS. 


Adverse  possession  by  or  against,  see  Ad- 
verse Possession,  §  9. 

Rights  of,  in  eminent  domain  proceedings, 
see  Eminent  Domain,  §  37.^ 

Liability  of  reversioner  for  injury  to  ten- 
ant's guests  and  servants  from  defects 
in  premises.  34  L.R.A.  611;  46  L.R.A. 
85. 

Rights  of,  in  case  of  injury  by  escape  and 
explosion  of  gas.     29  L.R.A.  359. 


REVERTER. 


See  Revebsion. 


REVIEW. 

§   1.  Generally. 

By  appeal  or  error,  see  Appeal  and  Ebbob. 

By  certiorari,  see  Certiorari. 

As  to  new  trial,  generally,  see  New  Trial. 

First  and  last  days  in  computing  time  for. 
49   L.R.A.  226. 

Supplemental  bill  in  nature  of  bill  to  re- 
view interlocutory  decree.  1  L.R.A. 
(N.S.)  1029. 

Review  of  controversies  arising  in  bank- 
ruptcy proceedings.  10  L.R.A. (N.S.) 
765. 

Bill  in  equity  to  set  aside  a  divorce  as  a 
bill  of  review.     L.R.A.1917B,  421. 

Review  of  findings  of  fact  by  administrative 
board  or  trial  court  in  Workmen's 
Compensation  cases.  L.R.A.1917D, 
130. 


1182 


INDEX  TO  L  K.A.  NOTES. 


REVIEW— cont'd 

§  2.  Right  to  maintain  bill  of,  as  de- 
pendent on  interest. 

Who  cannot  file  bill  of  review.     36  L.R.A. 

385. 
Bill  in  nature  of  bill  of  review.     3t)  L.R.A. 

385. 
Original  bill.     36  L.R.A.  386. 
Who    may    maintain    bill    of    review.      36 

L.R.A.   386. 
Must  be  injured.     36  L.R.A.  386. 
Reversal  must  benefit.     36  L.R.A.  387. 
Must  show  interest.     36  L.R.A.  388. 
Statutes.     36  L.R.A.  389. 

§  S.  For  newly  discovered  evidence. 

In  general.     4  L.R.A.(N.S.)   865;  30  L.R.A. 

(N.S.)    1030. 
Purpose  of  bill.     30  L.R.A. (N.S.)    1031. 
Necessity  of  leave  to  file.     30  L.R.A. (N.S.) 

1031. 
Petition  for  leave.     30  L.R.A. (N.S.)    1033. 
Nature  of  new  evidence.     30  L.R.A. (N.S.) 

3034. 
Time  of  discovery.     30  L.R.A. (N.S.)    1038. 
Diligence     in     discovery    of    evidence.       30 

L.R.A.(N.S.)    1039. 


REVISORY    LAWS. 

Title  of,  see  Statxttes,  §  14. 


^        REVIVAL. 

Of  action,  see  Abatement  and  Revival,  §  8. 
Of   debt   released    by    discharge     in    bank- 
ruptcy,  see   Bankbuptcy,   §    36. 
Of  judgment,  see  Judgment,  §§  79,  80. 
Of  mortgage,  see  Mortgage,  §§  59,  60. 
Revival  of  will,  see  Wills,  §§  43,  44. 

Conflict  of  laws  as  to  revival  of  policy.  63 
L.R.A.  846. 

Of  lien  upon  automobile  for  repairs  or  stor- 
age. L.R.A.1918D,  335. 

Of  condoned  matrimonial  offenses.  6  B.  R. 
C.  650. 


REVOCATION. 


Of 


submission  to  arbitration,  see  Akbitea- 

tion,  §  3. 
Of  authority  of  broker,  see  Bbokers,  §  4. 
Of  check,  see  Checks. 

Of  foreign  corporation's  license,  see  Corpo- 
rations, §  141. 
Of  deed,  see  Deesjs,  §  34. 
Of  letters  of  administration  or  probate,  see 

Executors    and    Administrators,    §§ 

§§   9,  16. 
Of  gift,  see  Gift,  §  16. 
Of  license  generally,  see  License,  §§  10,  11, 

17,  18. 
liquor      license,      see      Intoxicating 

Liquors,  §  15. 

physician's     license,     see     Physicians 

and  Surgeons,  §  10. 
Of  teaclier's  license,  see  Schools,  §  14. 


Of 
Of 


REVOCATION— cont'd 

Of  power  of  sale  under  mortgage,  see  Mort- 
gage, §  76. 

Of  agency,  see  Principal  and  Agent,  §$ 
G,  7,  9,  10. 

Of  trust,  see  Trusts,  §  17. 

Of  will,  see  Wills,  §§  34-42. 

Of  probate,  see  Wills,  §  55. 

Of  appointment  of  agent  on  whom  process 
may  be  served,  see  Writ  and  Process, 
§  29. 

Of  privilege  of  using  streets  as  an  impair- 
ment of  contract  obligations.  L.R.A. 
1918E,  892. 

Of  contract  for  transfer  of  parental  re- 
sponsibility or  authority.  27  L.R.A. 
58;  42  L.R.A.  1016. 

Of  proxy  to  vote  corporate  stock.  2^ 
L.R.A.  848. 

Of  conveyance  by  husband  to  wife.  69^ 
L.R.A.  367. 

Sufiicieney  of  execution  by  will  of  power  of 
appointment  after  its  revocation.  64 
L.R.A.  905. 

Does  power  of  sale  in  mortgage  or  deed  of 
trust  prevent  its  revocation  by  death 
of  mortgagor.     70  L.R.A.  135. 

Liability  of  owner  on  revoking  authority  of 
real  estate  broker  employed  for  a  defi- 
nite period.  38  L.R.A.  (N.S.)  366;^ 
L.R.A.1918D,  731. 

Revocability  of  executed  gift.  2  L.R.A. 
(N.S.)    285. 

Statute  of  limitations  as  defense  to  revoca- 
tion of  attorney's  license.  11  L.R.A. 
(N.S.)   557;  L.R.A.1915D,  1218. 

Of  codicil  to  will  as  affecting  will.  46 
L.R.A.(N.S.)   983. 

Revocation  of  consent  given  by  one  spouse 
to  will  of  the  other  in  the  latter's 
lifetime.     L.R.A. 1915E,  815. 


REVOLUTION. 


Litigation  arising  out  of  Mexican  Revolu- 
tion.    L.R.A.1917A,  280;   L.R.A.1918E, 

Qfll 


REVOLVING  DOOR. 

Doctrine  of  attractive  nuisance  as  applied 
to.     L.R.A.1915D,  170. 


REVOLVING  SHAFT. 

Doctrine  of  "attractive  nuisance"  as  ap- 
plied to  injury  from.  19  L.R.A.(N.S.) 
1130. 


REWARDS. 


Begin  ivith  this  hooTc  on  every  lau-  question. 


§    1.  Generally. 

For  finding  property.     37  L.R.A.  119. 

Claims  against  state  for.     42  L.R.A.  63. 
I  Necessity  of  prior  knowledge  of  rev.ard  as 
j  condition     of     earning     the     same.       9 

L.R.A.  (N.S.)   1057. 


INDEX  TO  L.R.A.  NOTES. 


1183 


REWARDS— cont'd 

Right  to  maintain  action  for  prize  offered 

in  prize  contest.     33  L.R.A.(N.S.)   305. 
Voluntariness     of     confession     induced     by 

promise  of.     18   L.R.A.(N.,S.)    823;    50 

L.R.A.(N.S.)   1086. 
Larceny   of  property   found  by  holding  for 

reward.      37     L.R.A.     125;     52    L.R.A. 

(N.S.)    1016. 

§   2.  Use  of  public  money  for. 

Use  of  public  money  for  rewards  for  crimi- 
nals.    14  L.R.A.  480. 

§   3.  What  must  be  done  to  earn. 

Prior  knowledge  of  reward  as  a   condition 

of    earning    the    same.      L.R.A. 1916A, 

1279. 
What    must   be    done    to    earn    reward    for 

arrest.     7  L.R.A.  (N.S.)   217;  46  L.R.A. 

(N.S.)   662. 

§   4.  Right  of  officer  to. 

Right  to  claim  reward  for  arrest.  11 
L.R.A.  (N.S.)  1170;  34  L.R.A.  (N.S.) 
924;  43  L.R.A.(N.S.)  131;  L.R.A. 
191 8E,  351. 

Effect  of  assistance  of  officers  on  right  to 
reward  for  procuring  arrest.  7  L.R.A. 
(N.S.)    217. 


RHEUMATISM. 


As    element    of    damasjos   for    negligent   in- 
jury.    48  L.R.A. (N.S.)    102. 


RICE  BEER. 


Judicial    notice    of    intoxicating    character 
of.     48  L.R.A.  (N.S.)    316. 


RIDER. 

Effect  of,   on   insurance   policy.     30   L.R.A. 
636. 


RIGGING. 

Nondelegability  of  duty  to  protect  servant 
from  defects  in.     54  L.R.A.  72. 


RIGHT  AND  WRONG. 

Impulse  obliterating  sense  of,  as  excuse  for 
crime.     18  L.R.A.  229. 


RIGHT  OF  ACTION. 

See  Action  ok  Suit,  §  4. 


RIGHT  OF  ENTRY. 

On  condition  broken,  see  Conditions,  §  12. 
Consult  also  L.R.A.  Digests  of  Cases. 


RIGHT  OF  WAY. 

See  Easements;  Eminent  Domain,  §§  21,^ 
22,  25,  49,  50;  Kaileoads,  §§  15-18; 
Telephones,  §  3. 


RINKS. 

As  places  of  amusement  within  civil  rights 
acts.     19  L.R.A.(N.S.)  907. 


♦  •» 


RIOTS. 

See  Mobs  and  Riots. 

•-•-♦ — 


RIPARIAN  OWNERS. 

See  Waters,  II. 

♦-•-♦ • 

RIPARIAN  RIGHTS. 

See  Waters,  II. 


RISK. 

Insurance  against,  see  Insurance,  §§  153- 

171. 
Assumption  of,  by  servant,  see  Master  ani> 

Servant,  III.  b. 

Agreement  as  to  risk  as  a  test  to  determine 
when  title  passes  under  a  contract  of 
sale.      L.R.A.1918B,    822. 


RITUAIj. 

Right  of  benevolent,  fraternal,  or  social  or- 
der to  protection  against  use  of,  by 
another  organization.  L.R.A:1915B, 
1074. 


RIVAL  BUSINESS. 

Restriction     against     servant     conducting,, 
see  Master  and  Servant,  §§  8,  16. 


RIVERS. 

In  general,  see  Waters. 

As  boundary  between  states,  see  Bound- 
aries, §  2  a. 

As  boundary  of  private  property,  see 
Boundaries,  §  6. 

Jurisdiction  over  inland  rivers.     46  L.R.A. 

276. 
Navigability  of.     42  L.R.A.  305.   ' 


1184 


INDEX  TO  L.R.A.  NOTES. 


RIVERS -cont'd 

Water  overflowing  banks  as  surface  water. 
25  L.R.A.  529. 

Title  to  land  under  rivers.     42  L.R.A.  162. 

Duty  and  obligation  of  vessel  on,  in  re- 
spect to  sick  or  injured  member  of 
crew.     35  L.R.A.  (N.S.)    199. 


ROADBED. 


Master's  liability  for  injury  by  defective 
roadbed.  54  L.R.A.  169;  49  L.R.A. 
(N.S.)   198. 

Scope  of  provision  exempting  insurer  or 
limiting  liability  when  insured  injured 
on  roadbed  of  railroad.  8  L.R.A. 
(N.S.)  970. 


ROAD   COMMISSIONERS. 

Power  of,  to  vacate  highwav.    26  L.R.A.  824. 


ROADMASTER. 


As  fellow  servant.     52  L.R.A.(N.S.)    1101. 

Authority  of  roadmaster  or  railway  com- 
pany to  contract  for  services  of  other 
persons.    L.R.A.1918F,  64. 


ROAD  WORK. 


Compulsory  use  of  private  .property  in. 
42  L.R.A.(N.S.)  1045;  L.R.A.1918D, 
974. 


ROBBERY. 


§    1.  Generally. 

Of  passenger,  see  Cabbiers,  III.  e. 

Of  other's  spouse's  property,  see  Husband 

AND  Wife,  §  46. 
Indictment  for,  see  Indictment,  etc.,  §  28. 
Insurance  against  loss  by,  see  Insurance, 

§  221. 

Effect  of  provision  in  accident  insurance 
policy  exempting  insurer  or  limiting  its 
liability  in  case  of  injury  intentional- 
ly inflicted  by  another  where  injuries 
were  inflicted  by  robbers.  48  L.R.A. 
(N.S.)   528. 

What  intoxication  will  excuse.  36  L.R.A. 
46gf. 

As  affected  by  right,  or  belief  in  right,  to 
propertv  sought  to  be  secured.  40 
L.R.A.(N.S.)    801. 

Forcibly  compelling  payment  of  debt  as 
robbery.    10  LJR.A.(N.S.)  744. 

By  oflBcers  after  making  an  arrest.  1 
L.R.A.(N.S.)  1024;  3  L.R.A.(N.S.) 
508. 

Several  offenses  growing  out  of  same  facts. 
31  L.R.A. (N.S.)   725. 

Homicide  in  attempting  to  prevent.  67 
L.R.A.  534. 

Begin  tvitli  this  hooTc  on  every  law  question. 


ROBBERY— cont'd 

Responsibility  of  one  assisting  in  robbery 
during  which  his  companion  commits 
murder.     45  L.R.A. (N.S.)   55. 

Absence  from  the  scene  of  homicide  as  af- 
fecting the  responsibility  of  a  party  to 
a  common  design  to  commit  robbery. 
L.R.A.1918B,  75. 

As  affecting  liability  on  official  bond.  22 
L.R.A.  450. 

§   2.  Instigation  to  commit. 

Instigation  to  commit.     25  L.R.A.  343. 
Instigation  of  offense  as  a  defense  to  prose- 
cution.    30  L.R.A.(N.S.)  952. 

§   3.  Attempt  to  commit. 

Procuring  or  providing  instrumentality 
adapted  to  commission  of,  with  intent 
to  commit  same  as  an  attempt  to  com- 
mit.    6  L.R.A. (N.S.)    804. 

§  4.  By  taking  from  person  property 
belonging  to  another. 

In  general.     67  L.R.A.  344. 
Taking  from  wife  or  servant.     67    L.R.A. 
346. 

§  5.  What  force  sufficient  to  constitute. 

In  general.    57  L.R.A.  432;  46  L.R.A. (N.S.) 

1150;   L.R.A.1918E,  937. 
Actual    force.     57    L.R.A.    432;    46    L.R.A. 

(N.S.)   1150;  L.R.A.1918E,  937. 
Constructive    force.      57     L.R.A.     439;     46 

L.R.A.(N.S.)    1151;    L.R.A.1918E,   938. 
Force  used  to  obtain  property  under  color 

of    right    or    claim  of  ownership.     57 

L.R.A.  443. 
Force  employed  as  a  means  of  escape  or  to 

prevent  a  recaption  of  property  taken 

without  force.  57  L.R.A.  443 ;  46  L.R.A. 

(N.S.)   1153;  L.R.A.1918E,  938. 
Decisions  under  special  statutes.     57  L.R.A. 

445;     46    L.R.A.(N.S.)     1153;     L.RA. 

1918E,  938. 

§   6.  Evidence   in   prosecution    for. 

Right  of  one  to  testify  as  to  his  intent.  23 
L.R.A.(N.S.)   390. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  288,  318,  324;  L.R.A.1917D, 
388. 

Proof  of  corpus  delicti  in  prosecution  for. 
68  L.R.A.  46,  65,  70. 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  on  prosecution 
for.     69  L.R.A.  203. 

§   7.  Punishment  for. 
Cruel     and     unusual    punishment   for.      35 
L.R.A.  577;  L.R.A.1915C,  669. 

4-_» 


ROCK. 

As  defect  in  dock  or  wharf.    61  L.R.A.  948. 
As  deadly  weapon.    21  L.R.A. (N.S.)  507. 
Injury  by  rocks  rollinor  down  hillside  or  de- 
cline.    L.R.A. 1915B,  426. 


INDEX  TO  L.R.A.  NOTES. 


1185 


ROCK  OILS. 

Keeping   of,   on    insured    premises. 
1917C,  278. 


ROOMING  HOUSE. 


L.R.A.    S^^  Lodging  Houses. 


ROENTGEN  RAY. 


See  X-Ray. 


ROGUES'  GALLERY, 

Right  to  take  or  retain  in  rogues'  gallery 
picture  of  one  accused  of  crime  before 
conviction.  7  L.R.A.  (N.S.)  274;  23 
L.R.A.  (N.S.)  739;  L.R.A.1916A,  743. 

Truth  of  charge  as  to,  as  defense  to  civil 
action  for  libel  or  slander.  31  L.R.A. 
(X.S.)    146. 


ROLLER   SKATING. 

Liability  for  injury  to  child  skating  on 
street.     34   L.R\A.(N.S.)    118. 

Reciprocal  duty  of  driver  of  automobile  and- 
child  roller  skating  in  street.  L.R.A. 
1918A,  257. 


ROLLING  OBJECTS. 

Permitting    articles    to    roll    down    hillside 
or  decline.     L.R.A.1915B,  426. 


ROLLING    STOCK. 


Injury  to  servant  by  defects  in,  see  Masteb 
AND  Servant,  §  93. 

Applicability  of  res  ips?.  loquitur  in  case  of 
injury  to  servant  bv  derailment  of  roll- 
ing stock.    L.R.A.1917E,  212. 

State  regulation  of  equipment  of  railroad 
rolling  stock  as  interference  with  inter- 
state  commerce.      32   L.R.A. (N.S.)    20. 

Situs  of,  for  tax  purposes.     69  L.R.A.  447. 

Of  railroad  as  personalty  or  real  estate. 
66   L.R.A.  49,   55. 


ROOF. 

Landlord's  duty  to  repair.     14  L.R.A.  241. 

Landlord's  liability  for  injuries  from  defect- 
ive condition  of.  4  L.R.A. (N.S.)  1142; 
L.R.A.1917B,  225,  236. 

Negligence  as  to  electric  wires  on.  32 
L.R.A.  401. 


ROOMERS. 


See  Lodgers. 


ROPES. 

Nondelegability  of  duty  to  protect  servant 

from  defects  in.     54  L.R.A.  72. 
Application  of  res  ipsa  loquitur  in  case  of 

injury     to     servant     bv     breaking     of. 

L.R.A.1917E,  239. 
Contributory    negligence    of    one    struck    by 

guy      rope      stretched      across      street. 

L.R.A.1918A,   205. 


ROTATION. 


Provision  in  irrigation  contract  as  to  fur- 
nishing water  bv  rotation.  L.R.A. 
1916F,  270. 


ROUNDHOUSE. 


Servants  in.  as  fellow  servants.     50  L.R.A. 

460. 
Work  in,  as  railroad  hazard  within  statute 

changing     fellow     servant     rule.        18 

L.R.A.(N.S.)  482;  47  L.R.A. (N.S.)  117. 
Railroad  roundhouse  as  nuisance.    32  L.R.A. 

(N.S.)    374. 


ROUND   TRIP   TICKET. 


See  Carriers,  §  22. 


ROUTE. 

Regulation     of     route     of     jitnev     busses. 

L.R.A.1918B,  915;   L.R.A.1018F,  476. 
Duty  of  carrier  as  to.    37  L.R.A.  (N.S.)  222. 
E.vtent   of   ticket    agent's   authority    as   to. 

31  L.R.A.  (N.S.)   231. 
Routing  of  telegram.    50   L.R.A. (N.S.)    94. 
Reasonableness  of  rule  as  to  route  b^j'  which 

passengers    shall    be    carried.      L.R.A. 

1915B,   761. 
Pjrjvilege  from  service  of  process  %$  affected 

by  route  taken.    L.R.A.19X7B,  252. 


ROUTE  AGENT. 


Authority  of  route  agent  of  express  com- 
pany to  contract  for  services  of  other 
persons.     L.R.A.1918F,  68. 


ROYALTIES. 


Consult  also  L.B.A.  Digests  of  Cases.    75 


Provision  for,  in  mining  lease,  see  Mines, 

III. 
For  use  of  patent,  see  Patents,  III. 


1186 


INDEX  TO  L.R.A.  NOTES. 


RUBBISH. 

Obligation  of  tenant  to  remove.     64  L.R.A. 

652,  662. 
Municipal  liability  for  injury  by  rubbish  in 

street.    20  L.R.A.  (N.S.)  610, 
Fire    in,    as    attractive    nuisance.      L.R.A. 

1917F,  1036. 


♦-•-♦ ■ 

RULE  IN  SHELLEY'S  CASE. 

See  Deeds,  §  30;  Wills,  §  82. 
♦-•-♦ 

RULE  OF  THE  ROAD. 

See  Negligexce,  §§  25,  40. 


RULES. 

Of  carrier,  see  Carriers,  §  4. 

Of  insurance  company,  see  Insurance, 
§§  46,  47. 

Master's  duty  and  liability  as  to,  see  Mas- 
ter AND  Servant,  §  71. 

Disobedience  of,  by  servant,  as  contributory 
negligence,  see  Master  and  Servant, 
§  125. 

Master's  liability  to  third  person  for  injury 
by  servant's  disobedience  of,  see  Mas- 
tee  AND  Servant,  §  184. 

Of  miners  as  to  location  of  mining  claim. 
7  L.R.A. (N.S.)    768. 

Of  gas  company  as  to  meters.  30  L.R.A. 
(N.S.)  492. 

Effect  of  clearing  house  rules.  25  L.R.A. 
830. 

Violation  by  servant  of  rule  adopted  by  rail- 
way company  for  protection  of  the  pub- 
lic as  evidence  of  negligence  towards  a 
member  of  the  public.  8  L.R.A.  (N.S.) 
1063. 

Rule  or  custom  of  clearing-house  relating  to 
time  for  presentation  of  checks  as  af- 
fecting liability  of  collecting  bank.  50 
L.R.A.  (N.S.)   542. 

Reasonableness  of  rule  of  telephone  com- 
pany requiring  subscriber  to  pay  for 
all  long  distance  messages  originating 
from  his  telephone.  .  L.R.A.1915E,  323. 

Right  of  labor  union  to  enforce  rules  as  to 
the  minimum  number  of  employees. 
L.R.A.1918C,  817. 

Violation  of  rule  by  servant  as  serious  and 
wilful  misconduct  within  meaning  of 
Workmen's  Compensation  Act.  L.R.A. 
1917D,  133. 


RULES   OF  APPORTIONMENT. 

For    improvement    assessment,    see    Public 
Improvements.  §§  24-26. 


RUM. 

As  intoxicating  liquor.     20  L.R.A.  649. 
Judicial    notice    of    intoxicating    character 
of.     48  L.R.A. (N.S.)   305. 


RUMOR. 

As  evidence  before  grand  jury.  28  L.R.A'. 
323. 


-♦-•-♦- 


RUNAWAY. 

See  Horses,  §§  7-14. 

♦-•-♦ 


RUNNING   BOARD. 

Duty  of  street  car  company  to  passenger  on, 

see  Carriers,  §  60. 
Contributory    negligence   in    riding   on,   see 

Carriers,  §  80. 


RUNNING  EXPENSES. 

Priority  of  claims  for,  against  property  in 
hands  of  receiver  over  recorded  liens.^ 
41  L.R.A. (N.S.)   710. 


RUNNING  WITH  THE  LAND. 

Covenants    which    run    with    the    land,    see- 
Covenants,  §§  14,  15. 

Right  of  action  for  damages  to  real  prop- 
erty as.     2  L.R.A. (N.S.)    819. 


RUPTURE. 


Rupture  of  blood  vessel  as  accident  within 
accident  insurance  policy.  19  L.R.A. 
(N.S.)   1206. 

Hernia  as  breach  of  condition  or  warranty 
in  insurance  contract  as  to  health  or 
bodily  condition.     L.R.A.1917B,  747. 


Begin  with  this  book  on  every  law  question. 


RURAL  HIGHWAYS. 

Duty  of  municipality  as  to  conditions  of 
rural  highways  within  city  or  village 
limits.    29  L.R.A.(N.S.)  823. 


INDEX  TO  L.R.A.  NOTES. 


1187 


RURAL   LANDS. 

Municipal  taxation  of  rural  lands  'within 
limits  of  corporation.  27  L.R.A.  (N.S.) 
695. 

Cinstitutionality  of  frontage  rule  of  as- 
sessment of,  for  public  improvements- 
17  L.R.A.  332. 

Assessment  of  rural  lands  for  public  im- 
provements by  front-foot  rule.  28 
L.R.A.(X.S.)    1191. 


RUST. 

Provision  relieving  carrier  from  liability 
for  loss  caused  by  rust  as  extending  to 
loss  caused  by  negligence.  6  B.  R.  C 
128. 


RUTS. 

Municipal  liability  for  permitting  ruts  to 
remain  in  highway.  9  L.R.A. (N.S.) 
1266. 


SACRAMENTAL  PURPOSES. 

Applicability  to  wines  intended  for,  of  regu- 
lations in  relation  to  intoxicating  li- 
quors.    L.R.A.1918F,  266. 


Liability 

L.R'.A.1916D,  374 


SACRAMENTS. 

for     refusing     the     sacraments. 


■♦*» 


SAFE. 

Iron  safe  clause,  see  Insurance,  §  79. 

Levy  of  attachment  or  execution  upon  safe 
and  its  contents.    41  L.R.A. (N.S.)  764. 

Exemption  of,  from  execution.  46  L.R.A. 
(N.S.)  287. 


SAFE  DEPOSIT  BOX. 

Garnishment    of    contents    of.      41    L.R.A. 

(N.S.)    764. 
What  passes  under  bequest  of  contents  of. 

L.R.A.1915C,  654. 


SAFETY. 

Effect  of  assurance  of,  by  master  or  coserv- 

ant  on  assumption  of  risk,  see  Master 

AND  Servant,  §  118. 
Effect  of  master's  assurance  of,  on  servant's 

contributory    negligence,    see    Master 

and  Servant,  §  129. 
Municipal   control   over   nuisance   affecting, 

see  Municipal  Corporations,  §  41. 

Municipal  power  over  nuisances  affecting. 
38  L.R.A.  305. 

Injunctions  by  municipality  against  nui- 
sance affecting.    41  L.R.A.  322. 


SAFETY  APPLIANCE  ACT. 

See  Master  and  Servant,  §  96. 
Consult  also  L.R.A.  Digests  of  Cases. 


SAFETY   CLAUSE. 

Effect  of,  in  chattel  mortgage,  see  Chatted 
Mortgage,  §  26. 


SAFETY  GATES. 


At  railroad  crossing,  see  Railboads,  §§  33, 
70. 


SAGGING    WIRES. 

See  Electbicity,  III. 


SAILORS. 


See  Seamen. 


SALARY, 

Assignment  of,  see  Assignment,  §  6. 
Exemption  of,  see  Exemption,  §  5. 
Garnishment  of,  see  Garnishment,  §  10a. 
Of    employee,    see    Master    and    Sebvant/ 

§§  24-31. 
Of  officer,  see  Officers,  §§  31-37,  44. 
Of    minister,    liability    for,    see    Religious 

Societies,  §  7. 
Of  school  teacher,  see  Schools,  §§  17,  18. 

Treatment  of  salaries  paid  officers  in  esti- 
mating the  return  of  a  public  service 
corporation  for  rate-making  purposes. 
52  L.R.A.  (N.S.)  53,  69. 

Claim  against  state  for.     42  L.R.A.  53. 

Preference  of,  in  distribution  of  assets  of 
insolvent  insurance  company.  3S 
L.R.A.  107. 

Oral  promise  to  see  salary  paid.  15  L.R.A. 
(N.S.)   217. 


1188 


INDEX  TO  L.R.A.  NOTES. 


SALE. 

I.  In  general,  §  1. 
II.  When  sale  complete;  termination 
of  contract  of,  §§  2,  3. 
III.   What  constitutes,  §  4. 
IV.  Validity,   §§  5,  6. 

V.  Effect,  §§   1,  8. 
VI.  Passing  of  title,   §§  9-18. 
VII.  Delivery:  tender,  §14. 
nil.  Conditional  sale,  §§  15-20. 
IX.  Acceptance;  retention,  §§  21-25. 
X.  Warranty,   §§  26-38. 

a.  In  general,   §§  26-29. 

b.  On  sale  by  manufacturer,  § 

30. 

c.  Of  fitness,  §§  31,  32. 

d.  Of  qtiality  or  Tcind,    §§    33- 

36. 

e.  On  sale  of  goods  by  sample, 

§    37. 
/.  Effect  of  test  or  inspection  or 
opportunity    to    inspect,     § 
38. 
XI.  Duties,    rights,    and    retnedies    of 
parties,  §§  39-72. 

a.  In  general,  §§  39-47. 

b.  Condition  at  sale,  §§  48-52. 

c.  On   breach   of  warranty,    §§ 

53-59. 

d.  Lien  for  price;  stoppage  in 

transitu,  §§   60,  61. 

e.  Rescission,    §§    62-70. 

1.  In  general,   §§   62-64. 

2.  Grounds,    §§    65-68. 

3.  Waiver  of  right,   §§   69, 

70. 

f.  Rights  of  bona  fide  purchas- 

ers, §§   71,  72. 

I.  In  general. 

§   1.  Generally. 

Of  animals,  see  Animals,  §  5. 

At  auction,  see  Auction. 

Of  commercial  paper,  see  Bills  and  Notes, 
§§  26-42. 

Of  bill  of  lading  with  draft  attached,  see 
Bills  of  Lading.  §  2. 

Of  mortgaged  chattels,  see  Chattel  Mort- 
gage. §  28. 

Of  copyright,  see  Copyright,  §  6. 

Of  corporate  stock,  see  CoaroBATioNS,  §§  82- 
95. 

Of  cotenants  interest,  see  Cotenancy,  §§  11, 
12. 

Of  future  crop,  see  Crops,  §  5. 

Of  property  in  custody  of  law,  see  Custody 
OF  Law,  §§  2,  3.  ' 

Of  game,  see  Game  Laws. 

Of  ice,  see  Ice.  §  3. 

Of  intoxicating  liquors,  see  Intoxicating 
Liquors,  §§  19-37. 

Judicial  sale,  see  Judicial  Sale. 

On  foreclosure,  see  Mortgage,  §§  75-84. 

Of  physician's  practice,  see  Physicians 
AND  Surgeons,  §  4. 

Of  pledged  projjerty,  see  Pledge  and  Col- 
lateral Security,  §§  11-14. 

Of  poison,  see  Poison,  §  2. 

Of  public  land,  see  Public  Lands,  §§  11-13. 

Of  railroad  property,  see  Railroads.  §  14. 


SALE.   I.— cont'd 

Of  real  property  generally,  see  Real  Prop- 
erty, §  4 :  Vendor  and  Purchaser. 
Of  timber,  see  Timber,  §§  2-5. 
Of  trademark,  see  Trademark,  §§  4,  5. 
For  taxes,  see  Taxes,  §S  71,  72-81a. 
By  executor  or  administrator,  see  Execu- 
tors and  Administrators,  §§  17,  59. 
By  guardian  of  ward's  land,  see  Guardian 

AND  Ward,  §   14. 
By    incompetent    person,    see    Incompetent 

Persons,  §  16. 
By  inventor,  see  Patents,  III. 
By  receiver,  see  Receivers,  §  28. 
Assignment,  see  Assignment. 
Matters    as    to    interstate    commerce,    see 

Commerce,  §§  14-18. 
Conflict    of   laws    as    to,    see    Conflict    of 

Laws,  §§  30,  31. 
Offers,  see  Contracts,  §§  22,  23. 
Construction  of  contract  of,  see  Contracts, 

§  66. 
Damages  in  case  of,  see  Damages,  §§  35-37. 
Parol  evidence   as   to   written    contract   of 

sale,  see  Evidence,  VII. 
Power    of    personal    representative    to    sell 

property  of  estate,  see  Executors  and 

Administrators,  §  17. 
Exemption  of  proceeds  of  exempt  property 

sold,  see  Exemptions,  §  8. 
As  to  matters  in  relation  to  food,  see  Food. 
Guaranty  of  payment,  see  Guaranty. 
Injunction  against,  see  Injunction,  §  15. 
Seller's  intent,  see  Intent,  §  6. 
Covenant    in   lease    against,    see   Landlord 

AND  Tenant,  §  19. 
Market    regulations    restricting    sales,    see 

Markets,  §  2. 
As    to    personal    injuries    from    defects    in 

articles  sold,  see  Negligence,  §  15. 
Medium  of  payment  for,  see  Payment,  §§  6- 

11. 

Authority  of  agent  for  sale  of  personal 
property  to  contract  for  services  of 
other  persons.     L.R.A.1918F,  14. 

Effect  of  war  on  c.  i.  f.  contract.  7  B.  R.  C. 
956. 

Income  tax  on  sales  of  property.  L.R.A. 
1917E,  566. 

Applicability  of  Sunday  laws  to  sale  of 
food  and  refreshments.  18  L.R.A.(N.S.) 
617:  L.R.A.1917C,  381. 

False  pretenses  in  misrepresenting  the  qual- 
itv,  condition  or  status  of  the  subject 
of  a  sale.     40  L.R.A.  (N.S.)  574. 

Right  of  railroad  company  to  sell  material 
or  mineral  taken  from  right  of  way. 
45  L.R.A. (N.S.)    796. 

Bicycles  as  subjects  of.    47  L.R.A.  305. 

L'se  of  negatives  or  engraved  plates  without 
the  consent  of  the  party  who  has  paid 
for  the  same.    50  L.R.A*.  397. 

Necessity  of  franchise  for  taking  of  tolls  on. 
37  L.R.A.  718. 

Bailee's  right  to  assert  against  bailor  hos- 
tile, adverse,  paramount  title  of  pur- 
chaser of  bailed  property  from  bailor. 
33  L.R.A.  (N.S.)   694. 

Presumption  as  to  time  of  alteration  in  bill 
of  sale.     C9  L.R.A. (N.S.)   115. 


Begin  tvith  this  booh  on  exery  laiv  question. 


INDEX  TO  L.R.A.  NOTES. 


1189 


SALE,  I.— cont'd 

Will  action  in  rem  lie  against  proceeds  of 
private  sale  of  property  against  wliich 
such  an  action  '.vould  lie.  2  B.  R.  C. 
68. 

Of  letters,  injunction  against.  37  L.R.A. 
(X.S.)    944. 

Riglit  to  require  that  articles  offered  for 
sale  shall  answer  a  designated  standard 
of  purity.     41  L.R.A.  (N.S.)    149. 

Denials  upon  information  and  belief  as  to. 
.30  L.R.A.  (N.S.)  775, 

Sale  of  another's  property  as  larceny.     10 
L.R.A.  (N.S.)   816. 
J?-    Retaking  property  upon  failure  to  carry  o\it 
contract  as   larceny.     41  L.R.A. (N.S. ) 
5.53. 

Increasing  price  upon  sale  on  credit  as  us- 
ury.   28  L.R.A. (N.S.)  102. 

Oral  promise  to  be  responsible  for  price  of 
goods  sold.     15  L.R.A. (N.S.)   221. 

Power  of  state  to  restrict  or  regulate  sale  of 
patent  right.     29  L.R.A.  786. 

Libel  in  charging  one  with  excessive  com- 
pensation for  goods  sold.  40  L.R.A. 
(N.S.)   79. 

//.  When  sale  complete ;  termination  of 
contract  of. 

§   2.  When  sale  complete. 

Ofl'ers  generally,  see  Conteacts,  §§  22,  23. 

Right  to  withdraw  order  given  agent  before 
acceptance  by  principal.  10  L.R.A. 
(N.S.)   1138. 

Communication  naming  price  as  a  quotation, 
or  an  offer  to  sell.     3  B.  R.  C.  229. 

Parol  evidence  that  written  instrument 
which  on  its  face  imports  a  complete 
transfer  was  intended  to  operate  as  a 
mortgage  or  pledge.     L.R.A. 1916B,  18. 

§    3.  Termination   of  contract  of. 

Effect  of  death  of  party  on  contract  of  sale, 
23  L.R.A.  708;  45  L.R.A. (N.S.)  349. 

JII.  What  constitutes. 

§   4.  Generally. 

What  is  a  conditional  sale,  see  infra,  §  16. 
In  case  of  intoxicating  liquors,  see  IxTOXi- 
CATi>-G  Liquors,  §§  20,  21. 

Question  whether  automobile  distribution 
contract  is  one  of  agency  or  sale. 
L.R.A. 1915B,  110. 

Construction  of  contract  having  some  provi- 
sions peculiar  to  consignment  and 
agency  contracts,  and  others  to  sale  con- 
tracts.     L.R.A. 1917B,    626. 

Transaction  as  a  sale  or  assignment  of  ac- 
counts or  a  loan  with  a  pledge  of  the  ac- 
counts as  security  within  usury  law. 
L.R.A.1917E,  1121. 

Distinguished  from  contracts  to  manufac- 
ture, within  the  meaning  of  the  statute 
of  frauds.     14  L.R.A.  230. 

Distinction  between  sales  of  personalty  and 
agreements  for  work  and  labor  as  af- 
fecting statute  of  frauds.  30  L.R.A. 
(N.S.)   319;  43  L.R.A. (N.S.)   97. 

Consult  also  L.R.A.  Digests  of  Cases. 


SALE,  III.— cont'd 

What  amounts  to  a  violation  of  covenant 
in  lease  against  sale.  14  L.R.A. (N.S.) 
1200. 

Loss  of,  or  injury  to,  goods  during  ship- 
ment as  affecting  fulfilment  of  com- 
mission to  purchase  goods.  19  L.R.A. 
(N.S.)   261. 

Serving  game  or  fish  with  meal  as  a  sale 
within  meaning  of  game  law.  L.R.A. 
1917F,  769. 

IV.  Validity. 

§   5.  Generally. 

Of  conditional  sale,  see  infra,  §  18. 

Right  to  recover  purchase  price,  see  infra,  § 
45. 

Effect  of  provision  empowering  mortgagor 
to  sell  chattels,  see  Chattel  Mortgage, 
§  14a. 

As  to  contract  within  statute  of  frauds, 
see  Contracts,  §§  35,  36,  56,  57. 

Of  sale  of  expectancy,  see  Expectancy,  §  3. 

Fraud  in  obtaining  credit,  see  Fbauo  akd 
Deceit,  §  11. 

Validity  of,  as  against  creditor,  see  Fraudu- 
lent Conveyances. 

Sale  as  an  unlawful  preference,  see  Insol- 
vency, §  3. 

Of  intoxicating  liquor,  see  Intoxicating 
Liquors,  §§  21a-31. 

Validity  of  sales  made  on  Sunday,  see  Sun- 
day, §  4. 

Conducting  business  in  violation  of  law  as 
affecting  contract  for  its  sale.  45 
L.R.A. (N.S.)   810. 

What  misrepresentations  as  to  the  contents 
of  an  instrument  will  render  it  void  in 
law.    4  B.  R.  C.  663. 

Mutuality  of  accepted  proposition  to  furnish 
such  material  as  one  needs  in  his  busi- 
ness.    43  L.R.A. (N.S.)    730. 

Validity  of  contract  for  purchase  of  indefi- 
nite quantity.     15  L.R.A.  218. 

Validity  of  agreement  to  sell  entire  output. 
7  B.  R.  C.  551. 

Validity  of  sales  in  violation  of  law.  12 
L.R.A.(N.S.)   595. 

Validity  of  transfer  of  property  in  viola- 
tion of  restraining  order.  50 
L.R.A.(N.S.)   87L 

Validity  of  sale  of  future  or  growing  crops. 
23  L.R.A.  449;  L.R.A.1917C,  8. 

Power  of  state  to  make  invalid  a  provision 
in  a  sale  of  goods  for  resale,  forbidding 
purchaser  to  handle  goods  of  other  deal- 
ers.    11  L.R.A. (N.S.)   968. 

Right  to  sell  property  while  in  custodv  of 
law.    1  L.R.A.  (KS.)  1055. 

Validity  of  sale  of,  or  agreement  to  sell, 
commercial  paper  to  one  primarily  Ijn- 
ble  thereon.     35  L.R.A. (N.S.)    820. 

Sufficiency  of  identification  for  purposes  of 
executory  contract,  where  goods  are 
ordered  by  reference  to  a  catalogue  or 
price  list."     31   L.R.A.  (N.S.)    927. 

Mutuality  of  accepted  proposition  to  furnish 
such  materials  a.s  one  needs  in  his  busi- 
ness. 11  L.R.A.  (N.S.)  713;  L.R.A. 
1918E,  296. 


1190 


INDEX  TO  L.R.A.  NOTES. 


SALE,  IV.— cont'd 

Collateral  to  contracts  forming  illegal  com- 
bination.    30  L.R.A.(N.S.)   680. 

Validity  of  agreement  by  wliich  compensa- 
tion for  making,  is  dependent  upon  suc- 
cess in  procuring  contract  with  public 
officer  or  board.  39  L.R.A.(N.S.)  747; 
L.R.A.1915C,  823. 

Admissibility  of  declarations  by  seller  made 
out  of  court  as  to  liis  purpose  in  mak- 
ing transfer  attacked  as  fraudulent 
against  creditors.     41   L.R.A.{N.S.)    1. 

§   6.  Sale  in  bulk. 

See  Fraudulent  Conveyances,  §  la. 


F.  Effect. 

§    7.  Generally. 

Of  conditional  sale,  see  infra,  §  20. 

Effect  of  sale  of  good  will,  see  Good  Will, 

'  §  2. 

Effect  of  sale  of,  or  agreement  to  sell,  com- 
mercial paper  to  one  primarily  liable 
thereon.     35  L.R.A.(N.S.)    820. 

§  8.  WTiat  passes  as  appurtenant. 

What  articles  will  pass  as  appurtenances 
upon  sale  of  chattels.  8  L.R.A. 
(N.S.)   793. 

VI.  Passhig  of  title. 

§   9.  Generally. 

On  sale  of  goods  with  privilege  of  return. 
L.R.A.1916E,  1209. 

Effect  of  acceptance  of  order  for  goods.  17 
L.R.A.  178. 

Necessity  of  meeting  of  minds  as  to  price. 
32  L.R.A. (N.S.)   420. 

Seller's  mistake  as  to  identity  of  vendee,  as 
affecting  the  passing  of  title  to  the 
goods  sold.  13  L.R.A. (N.S.)  413;  L.R.A. 
1918B,  975. 

Effect  of  attaching  draft  to  bill  of  lading 
to  prevent  title  passing  upon  delivery 
of  goods  to  carrier.  2  L.R.A.  (N.S.) 
1078. 

When  title  passes  under  consignment  of 
goods  for  sale  with  provision  in 
effect  that  consignee  purchase 
balance  of  consignment.  39  L.R.A. 
(N.S.)  620. 

Effect  of  indorsing  and  mailing  to  pur- 
chaser a  bill  of  lading,  naming  seller 
as  consignee,  to  pass  title  to  purchaser. 
34  L.R.A.(N.S.)   293. 

When  title  passes  where  vendor  consigns 
goods  to  himself  and  vendee  is  to  be 
notified  of  their  arrival  and  to  receive 
them  upon  payment  of  draft.  39 
L.R.A.(N.S.)   309. 

Provision  for  payment  of  instalments  of 
price  of  article  during  construction  as 
indicating  intention  to  pass  title.  2 
B.  R.  C.  64G. 

Agreement  as  to  risk  as  a  test  to  determine 
when  title  passes  under  a  contract  of 
sale.  L.R.A.1918B,  822. 

Must  seller  or  buyer  bear  loss  from  failure 
to  contract  with  carrier  for  full  liabib 
ity.     L.R.A.1917F,  561. 

Begin  with  this  hoolc  on  every  law  question. 


SALE,  VI.— cont'd 

§  9a.  Under  contract  for  sale  of  goods 
to  be  produced  or  manufactured. 

Intention    of    the    parties  as  the  test.     50 

L.R.A.  (N.S.)    113. 
When   intention   is  a  question   of  law,   and 

when  of  fact.     50  L.R.A. (N.S.)    113. 
Whether  title  passes  upon  the  execution  of 

the  contract.     50  L.R.A. (N.S.)    114. 
Whether  title  passes  prior  to  completion  or 
production    of   article.      50   L.R.A. 
(N.S.)  115. 
Whether    title    passes    upon    completion    or 

production  of  article.     50  L.R.A.  (N.S.) 

122. 
Necessity  of  some  act  of  appropriation.     50 

L.R.A.  (N.S.)    123. 
What    constitutes    an     appropriation.       50 

L.R.A.  (N.S.)    127. 
Effect   of   payment   of   purchase   price.      50 

L.R.A.  (N.S.)   139. 
Effect  of  insurance  of  propertv  or  provisions 

relative  thereto.  50  L.R'.A.(N.S.)  140. 
Provisions  as  to  title.  50  L.R.A.  (N.S.)  140. 
Miscellaneous  provisions.     50  L.R.A. (N.S.) 

141. 

§    10.  By  delivery. 

Necessity  of  delivery.     17  L.R.A.  177. 

Necessity  and  sufficiency  of  delivery  to  pass 
title  under  contract  for  sale  of  goods 
to  be  produced  or  manufactured.  50 
L.R.A.  (N.S.)   127. 

Right  of  purchasers  of,  or  creditors  levying 
on.  goods  sold  for  cs,sli,  but  delivered 
without  payment.  13  L.R.A.  (N.S.) 
697;  29  L.R.A.  (N.S.)  709;  47  L.R.A. 
(N.S.)   173. 

Effect  of  premature  deliverv  to  pass  title 
to  purchaser.    31  L.R.A.'(N.S.)  94'>. 

Symbolic  deliverv  by  sample  to  satisfy  stat- 
ute of  frauds.    70  L.R.A.  321. 

Passing  of  title  bv  deliverv  f.  6.  b.  G2 
L.R.A.   802;    33*^  L.R.A. (N.S.)    54. 

§    11.  — to  carrier. 

Question  of  law  or  fact.     22  L.R.A.  415. 

Between  buyer  and  seller.     22  L.R.A.  415. 

Between  consignor  and  consignee.  22 
L.R.A.  (N.S.)    418. 

Conduct  indicating  an  intention  to  retain 
title.    22  L.R.A.  420. 

Sufficiency  of  change  of  possession  as  re- 
gards creditors.    22  L.R.A.  425. 

Place  where  sale  is  consummated.  22 
L.R.A.  425;  44  L.R.A. (N.S.)  450. 

Effect  of  receipt  by  carrier  to  satisfy  stat- 
ute of  frauds.    22  L.R.A.  426. 

Right  to  maintain  action.    22  L.R.A.  427. 

Deliverv  to  carrier  as  satisfying  statute  of 
fraud.     35  L.R.A. (N.S.)"  1038. 

Where  title  passes  upon  shipment  of  into.K- 
icating  liquor  C.  O.  D.  2  L.R.A. (N.S.) 
383;  24  L.R.A. (N.S.)   143. 

Passing  of  title  to  consignee  on  delivery  to 
carrier  as  affected  by  provisions  of  bill 
of  lading  and  attachment  of  draft  there- 
to.    2  L.R.A. (N.S.)   79. 

Effect  of  delivery  to  carrier  on  buyer's  right 
to  reject  for  lack  of  quality.  8  L.R.A. 
(N.S.)   1167. 


INDEX  TO  L.E.A.  NQTEfS. 


1191 


SALE,  VI.— cont'd 

Circumstances  indicating  acceptance  by  de- 
livery to  carrier.  35  L.R.A.(N.S.) 
1043. 

§    12.  — of  goods  sold  out  of  larger  lot. 

Necessity  of  delivery  of  goods  sold  out  of 

a  laVger  lot.     26  L.R.A.(N.S.)   21. 
Effect  of  actual  delivery  of  goods  sold  out  of 

a  larger  lot.    26  L.R.A.(N.S.)  22. 
What    constitutes    a    sufficient   delivery    to 

transfer  title  to  property  sold.     26 

L.R.A.(N.S.)    27. 

§  12a.  Effect  of  destruction  before  de- 
livery. 

Effect  on  sale,  of  destruction  of  property 
after  actual  or  constructive  delivery, 
preventing  the  ascertainment  of  the 
price  according  to  the  terms  of  the  con- 
tract.   19  L.R.A.(N.S.)   197. 

§  13.  Sufficiency  of  selection  or  desig- 
nation of  goods  sold  out  of  larger 
lot. 

The  definition  and  elements  of  a  sale.     26 

L.R.A.(N.S.)    5. 
Distinction  between  executory  and  executed 

sales.     26  L.R.A.(N.S.)   6. 
The  influence  of  the  intention  of  the  parties. 

26  L.R.A.(N.S.)  7. 
Risk    of    loss    an    accompaniment    of    title. 

26  L.R.A.{N.S.)    10. 
The  completion  of  a  sale.    26  L.R.A.(N.S.) 

10. 
The  necessity  of  agreeing  upon  the  price. 

26  L.R.A.(N.S.)   12. 
The    necessity    of    tlie    buyer's    acceptance. 

26  L.R.A.(N.S.)   13. 
The   need   to   put   property   sold    in   a   de- 
liverable state.    26  L.R.A.(N.S.)  14. 
The  necessity  of  identifying  the  subject  of 

a  sale.    26  L.R.A.(N.S.)   15. 
Identification  by  marks.     26  L.R.A. (N.S.) 

16. 
The    necessity    of    counting,    weighing,    or 

measuring  the   subject   of   a   sale.     26 

L.R.A.(N.S.)    17. 
Property   in  the   keeping  of  third  persons. 

26  L.R.A.(N.S.)   47. 
Community  of  ownership  in  masses  of  per- 
sonal property.    26  L.R.A.(N.S.)  52. 
The  necessity  of  dividing  bulk  on  sales  of 
part  of  a  mass.     26  L.R.A.(N.S.) 
64. 


VII.  Delivery;  tender. 

§   14.  Generally. 

Delivery  passing  title,  see  supra,  §§  10-12. 

Necessity  and  sufficiency  of  change  of  pos- 
session to  protect  purchaser  against  the 
creditors  of  seller,  see  Fraudulent 
COXVEYAXCES,  §§  19,  20. 

Law  governing  validity  of  sale  as  depend- 
ing on  transfer  of  possession.  64 
L.K.A.  829. 

Duty  of  parties  with  respect  to  delivery  and 
receipt  of  articles  sold  with  particular  j 
description    of    kind    or    quality.      35  . 
L.R.A.(N.S.)   287. 

Consult  also  L.R.A.  Digests  of  Cases. 


SALE,  VII.— cont'd 

Tender  of  property  to  buyer  who  is  in  de- 
fault in  fixing  date  for  delivery  and  is 
not  present  at  the  agreed  place.  2 
L.R.A. (N.S.)    529. 

Failure  of  seller  to  deliver  goods  on  agreed 
date  £ft  ground  for  rescission  by  pur- 
chaser.    L.R.A.1916E,  940. 

Retaining  control  of  bill  of  lading  to  in- 
sure payment  as  affecting  sufficiency 
of  delivery  to  carrier  as  compliance 
with  provision  requiring  delivery  at 
place   of   shipment.     L.R.A. 1915B,   537. 

Must  seller  or  buyer  lear  loss  from  failure 
to  contract  with  carrier  for  full  lia- 
bility. L.R.A.1917F,  561. 

Duty  of  vendor  of  trees,  shrubs,  plants, 
or  vines,  as  to  delivery  and  notice  there- 
of.   49  L.R.A. (N.S.)  1155. 

Rights  of  purchasers  from,  or  creditors  of, 
buyer  to  whom  goods  are  delivered  be- 
fore perfecting  reservation  of  title  or 
lien  to  secure  purchase  price  according 
to  contract.     47   L.R.A.  (N.S.)    561. 

Time  for  delivery  of  goods  sold  to  be  de- 
livered in  reasonable  instalments,  or  in 
instalments  as  required  by  the  buyer. 
L.R.A.1918A,  609. 

Construction  and  effect  of  "strike"  clause 
in  contract  of  sale  and  delivery.  9 
L.R.A.(N.S.)  1187. 

Delivery  on  week  day  pursuant  to  contract 
made  on  Sunday.     20  L.R.A. (N.S.)   86. 

Delay  in  attempting  to  regain  property  ob- 
tained under  agreement  to  pay  therefor 
on  delivery,  as  waiver  of  that  condi- 
tion. 11  L.R.A.  (N.S.)  948;  23  L.R.A. 
(N.S.)   824;  L.R.A.1915D,  35.5. 

Effect  of  acceptance  of  goods  as  a  waiver  of 
damages  for  delay  in  delivery.  54 
L.R.A.  718;   7  L.R.A.(N.S.)   1114. 

Admissibility  of  extrinsic  evidence  as  to 
time  for  delivery  of  goods  where  none  is 
specified  in  written  contract.  31  L.R.A. 
(N.S.)    619;   L.R.A.1916B,  1039. 

Admissibility  of  books  of  account  to  prove 
delivery  of  goods  sold.  52  L.R.A.  690. 


VIII.  Conditional  sale. 

§    15.  Generally. 

Rights  of  parties,  see  infra,  §§  48-52. 

Law  governing.     64  L.R.A.  833. 

Reservation  of  title  to  property  as  affecting 
negotiability  of  note  for  purchase 
price.  43  L.R.A.  277;  43  L.R.A. (N.S.) 
945. 

Effect  of  taking  collateral  security  upon  con- 
ditional  sale.     33   L.R.A. (N.S.)    491. 

Transfer  of  purchase-money  obligation  as 
affecting  reservation  of  title.  37  L.R.A. 
(N.S.)    71. 

Destruction  of  property  sold  conditionally 
while  in  seller's  possession.  36  L.R.A. 
(N.S.)   595. 

Parol  evidence  to  vary  written  contract  of 
conditional  sale  in  favor  of  or  against 
a  stranger  to  the  contract.  L.R.A. 
1916A,  599,  610. 


1192 


INDEX  TO  L.E.A.  NOTES. 


SALE,  VIII.— cont'd 

Rights  of  purchaser  from,  or  creditors  of, 
buyer  to  whom  goods  are  delivered 
before  perfecting  reservation  of  title  or 
lien  to  secure  purchase  price  accord- 
ing to  contract.  47  L.R.A.{N.S.)  5(51. 
• 

8    16.   AVhat  is. 

Construction  of  contract  having  some  pro- 
visions peculiar  to  consignment  and 
agencA'  contracts  and  others  to  sale  con- 
tracts.   L.R.A.1917B,  626. 

§  1".  What  constitutes  payment  of 
purchase  price. 

Rights  of  parties  on  default  of  payment,  see 
,  infra,  §  49. 

Acceptance  of  commercial  paper  as  payment 
of  purchase  price  upon  conditional  sale. 
35  L.R.A.(N.S.)   90. 

Notes  given  for  purchase  money  on  condi- 
tional gale  as  payment  of  debt.  35 
L.R.A.(N.S.)    90. 

§    18.  Validity. 

As  against  creditors  of,  and  purchasers 
from,  buyer.    12  L.R.A.  703. 

As  aflfected  by  express  or  implied  permission 
to  purchaser  to  sell  in  the  ordinary 
course  of  business.     L.R.A. 1917B,   658. 

Reservations  of  title  in  bailments  for  sale, 
as  against  creditors  of  bailor  and  bailee. 
22  L.R.A.  S.50. 

Conditional  sale  contract  executed  prior  to, 
but  filed  within  four  months  of  bank- 
ruptcy, as  a  voidable  preference.  47 
L.R.A\(N.S.)    1223. 

§    19.  Recording  of. 

Necessity  of  recording  of  conditional  sale 
in  state  to  which  property  is  subse- 
quently removed.  35  L.R.A.  (N.S.)  387; 
L.R.A."l917D,  942. 

Recordation  of  lien  on  fixtures  as  personalty 
as  notice  to  mortgagee  of  realty.  1 
B.  R.  C.  691. 

Right  of  assignee  or  receiver,  in  behalf  of 
general  creditors,  to  complain  of  fail- 
ure to  record  contract  of  conditional 
sale.  L.E.A.1917C,  442. 

§   20.  Effect  of. 

Federal  courts  following  state  decipions  as 
to  construction  and  effect  of  conditional 
sales.     40  L.R.A. (N.S.)   416. 

Assignment  or  transfer  of  purchaser's  in- 
terest under  a  conditional  sale.  40 
L.R.A.  (N.S.)    873. 

Effect  of  retention  of  title  to  personal  prop- 
erty until  payment  of  purchase  jjrice,  to 
characterize  sale  as  executory.  5 
L.R„\.(N.S.)    475. 

IX.  Acceptance;  retention. 

§   21.  Generally. 

Remedy  of  conditional  vendor  for  refusal  to 
accept.  68  L.R.A.  100. 

Effect  of  delivery  to  carrier  upon  buyer's 
right  to  reject  goods  for  lack  of  qual- 
ity.    8  L.R.A. (N.S.)    1167. 


Begin  with  this  hook  on  every  law  question. 


SALE,  IX.— cont'd 

Selling  or  mortgaging  chattel  as  waiver 
of  purchaser's  right  to  return.  38 
L.R.A.  (N.S.)    1035. 

Necessity  of  buyer's  acceptance  of  goods 
sold  out  of  a  larger  lot.  26  L.R.A. 
(N.S.)    13. 

Necessity  of  acceptance  to  pass  title  under 
contract  for  sale  of  goods  to  be  pro- 
duced or  manufactured.  50  L.R.A. 
(N.S.)    133. 

Remedies  of  parties  under  a  contract  for 
the  sale  of  an  article  on  approval. 
50  L.R.A.(N.S.)  808;  L.R.A.1918B, 
873. 

Repudiation  of  contract  of  sale  of  personal 
property  on  one  ground  as  waiver  of 
other  objections.     3  B.  R.  C.  591. 

§   22.  What  constitutes  an  acceptance. 

Particular  circumstance  indicating  accept- 
ance bv  delivery  to  carrier.  35  L.R.A. 
(N.S.)'  1043. 

Acknowledgment  by  seller  of  receipt  of 
order  for  goods  as  an  acceptance. 
38  L.R.A.(N.S.)   903. 

Offer  by  purchaser  to  sell  property  to  a 
third  person  as  acceptance  which  will 
satisfy  statute  of  frauds.  36  L.R..4. 
(N.S.)    76. 

What  constitutes  acceptance  which  will  pass 
title  under  contract  for  sale  of  goods 
to  be  produced  or  manufactured.  50 
L.R.A.  (N.S.)   138. 

Under  contract  for  sale  of  article  on  ap- 
proval. 50  L.R.A.(N.S.)  808;  L.R.A. 
1918B,  873. 

§   23,  — retention  of  possession  as. 

Retaining  possession  of  article  sokl  on  ap- 
proval. 50  L.K.A.(N.S.)812;  L.R.A. 
1918B,  873. 

Effect  of  retention  of  goods  after  notice  of 
mistake  in  quoted  price.  15  L.R.A. 
(N.S.)  '368. 

Effect  of  use  of  property  purchased  on  ap- 
proval after  expression  of  dissatisfac- 
tion.     14   L.R.A. (N.S.)    1107. 

Right  of  buyer  to  retain  goods  and  defeat 
action  for  price  on  discovering  that 
goods  do  not  comply  with  requirements 
of  contract,    4  L.R.A.(N.S.)  1167. 

§   24.  Effect  of  acceptance. 

Waiver   of   known   breach   of  warranty   by> 

see   infra,   §  59. 
Acceptance  as  satisfying  statute  of  frauds, 

see  Contracts,  §  56a. 

Effect  of  acceptance  of  goods  deliverable  in 
instalments  on  right  to  rescind  con- 
tract or  refuse  further  deliveries  for 
breach  as  to  quality.  38  L.R.A. (N.S.) 
542. 

Acceptance  of  chattel  before  agreement  as 
to  purchase  price,  as  assent  to  seller's 
price.     11  L.R.A.(N.S.)   2.54. 

Effect  of  acceptance  of  trees,  shrubs,  plants, 
or  vines  on  liability  of  vendor.  49 
L.R.A.(N.S.)    1154. 

Effect  of  acceptance  by  purchas-er  on  sale 
with  particular  description  of  kind 
or   quality.     .35   L.R.A.  (N.S.)    279. 


INDEX  TO  L.R.A.  iSIOTES. 


1193 


SALE,  IX.— cont'd 

Eflfect  of  acceptance  of  goods  as  a  waiver  of 

damages     for     delay     in     delivirv.     54 

L.K.A.  718;   7  L.R.A.(N.S.)    1114'. 
Acceptance    with    knowledge    of    breach    of 

warranty     as     waiver     of     breach.     o5 

L.R.A.(X.S.)   501. 

§   25.  —as  passing  title. 

Effect  of  acceptance  of  order  for  goods  to 
pass  title.     17   L.R.A.  178. 

X.  Warranty. 

•  a.  In  general. 

§    26.  Generally. 

Rights  and  duty  on  breach  of,  see  infra,  §§ 
53-59,  68. 

Implied  warranty  of  genuineness  on  trans- 
fer ot  commercial  paper,  see  Bills  and 
Notes,  §  32. 

Parol  evidence  as  to,  see  Evidence,  §  163. 

Of  stallion,  see  Stallions,  §  3. 

Law  governing.     64  L.R.A.  825. 

Does  warranty  extend  to  obvious  defects  in 
animal  or  slave.     12  L.R.A.(N.S.)   82. 

Effect  of  stipulation  that  goods  shall  be 
"satisfactory."     17   L.R.A.   208. 

Construction  of  guaranty  of  efficiency  as 
affected  bv  specifications.  L.R.A.1918F, 
388. 

Statement  as  to  the  economy  of  operation  as 
a  warranty.    L.R.A.1917C,  1078. 

Implied  warranty  on  sale  of  stock.  53 
L.R.A.  153. 

Effect  of,  on  sale  of  exemptancv  by  pro- 
spective heir.     33  L.R.A.  274* 

Implied  or  ostensible  authority  of  an  agent 
for  the  sale  of  personal  property  to 
warrant  the   same.     L.R.A.1916C,   412. 

Extent  of  commercial  traveler's  implied  or 
ostensible  authority  to  warrant  goods. 
39  L.R.A. (N.S.)   1151. 

Right  of  one  liable  for  damages  from  de- 
fective article  to  recover  over  against 
vendor  or  manufacturer.  L.R.A. 1915C, 
336. 

Evidence  as  to  results  of  use  of  substance 
upon  issue  as  to  breach  of  warranty  as 
to    ingredients.     L.R.A.1915D,   875. 

Breach  of  warranty  as  affecting  purchaser 
of  purchase  money  note  with  knowledge 
of  the  character  of  the  consideration. 
46  L.R.A.(N.S.)   868. 

§   2  7.  Parol  warranty. 

Rights  on   breach  of,  see   infra,  §  55. 

Right  to  show  parol  warranty  in  connec- 
tion with  contract  for  sale  of  per- 
sonalty.    19   L.R.A. (N.S.)    1183. 

§    28.   Of  title. 

Does  implied  covenant  of  title  on  sale  of 
chattels  protect  against  outstanding 
liens  or  encumbrances.  16  L.R.A. 
(N.S.)  410. 

Implied  warranty  of,  by  one  transferring 
without  indorsement  check  or  note  of 
third  person.     10  L.R.A. (N.S.)    542. 

When  does  statute  of  limitations  begin  to 
run  against  action  for  breach  of  war- 
ranty.    L.R.A. 1910F,  818. 

Begin   u-ith  this  booTc  on  every  law  qtteation. 


SALE,   X.   a— cont'd 

§  28a.  On  sale  of  secondhand  arti- 
cle. 

Implied  warranty.  L.R.A.1915B,  478. 
Express  warranty.  L.K.A.1915B,  479. 
Construction    of    warranty.       L.R.A. 1915B, 

479. 
Extent  of  warranty.     L.R.A.1915B,  480. 
Existence    of    warranty    whether    question 

for  the  jury.     L.R.A.1915B,  480. 

§  29.  On  transfer  of  tliird  person's 
note  without  indorsement. 

Implied  warranties  by  one  transferring  w  itii- 
out  indorsement  check  or  note  of 
third  person.  10  L.R.A. (N.S.)   542. 

b.  On  sale  by  manufacturer. 

§3  0.  Generally. 

Implied  warranty  of  fitness  of  particular  ar- 
ticle purchased  from  manufacturer  for 
particular  use.  22  L.R.A.  189;  15 
L.R.A. (N.S.)   855. 

Warranty  on  sale  by  manufacturer  of  goods 
by  sample.     70  L.R.A.  665. 

Express  warranty  as  to  quality  of  article 
to  be  manufactured  as  excluding  im- 
plied warranty.     33  L.R.A. (N.S.)    508. 

Sale  of  manufactures  by  sample  as  exclud- 
ing implied  warranty  other  than  that 
goods  shall  conform  to  sample.  29 
L.R.A.  (N.S.)   139. 

Implied  warranty  by  manufacturer  of  ma- 
chinery or  apparatus  not  in  itself  de- 
fective of  fitness  for  use  under  existing 
conditions.     6  L.R.A. (N.S.)    180. 

Latent  defects  in  both  sample  and  bulk  of 
goods  sold  by  manufacturer.  70  L.R.A. 
665. 

Right  of  purchaser  to  reject  goods  for 
breach  of  warranty  relating  to  goods  to 
be  manufactured.  27  L.R.A.  (N.S.)   924. 

Right  of  one  liable  for  damages  from  de- 
fective article  to  recover  over  against 
manufacturer.      L.R.A.1915C,    336. 

c.  Of  fitness. 

§31.  Generally. 

By  manufacturer  or  vendor  of  machinery  or 
apparatus  not  in  itself  defective,  of  fit- 
ness for  use  under  existing  conditions. 

6  L.R.A. (N.S.)   180. 

§  32.  Implied  warranty  of  fitness  of 
property  bought  for  special  pur- 
pose. 

In  general.     22  L.R.A.  187;  15  L.R.A.  (N.S.) 

868;    31    L.R.A.  (N.S.)    783;    34   L.R.A. 

(N.S)    737. 
Contract  executed  or  executory.     22  L.R.A. 

188. 
Depreciation  of  article.     22  L.R.A.  193. 
Latent  defects.     22  L.R.A.  193. 
Knowledge  of  purpose.     22  L.R.A.  194. 
Effect  of  inspection.     22  L.R.A.  194. 
Articles    of    food,    etc.     22    L.R.A.    195;    15 

L.R.A. (N.S.)    884;    L.R.A.1917F,   472. 

Animals    sold    for    slaughter.      L.R.A. 
1917D,  823. 


1194 


INDEX  TO  L.R.A.  NOTES. 


SALE,  X.  c— cont'd 

Fitness  of  food  or  medicine  for  live  stock. 

L.H.A. 191GB,  1109. 
Provisions  of  the  state  Codes  and  statutes. 

22  L.R.A.  196. 
English  doctrine.     22  L.R.A.  197. 
Implied   warranty  of  trees,   shrubs,  plants, 

or   vines.     49   L.U.A.(N.S.)    1151. 
On     sale    of    secondhand    article.      L.R.A. 

1915B,   478. 
Of  fitness  of  a  particular  article  purchased 

from  a  manufacturer  or  producer  for  a 

particular    use.      22    L.R.A.    189;     15 

L.R.A,(N.S.)    855. 


d.  Of  quality  or  kind. 

§   33.  Generally. 

Rights  and  remedies  of  parties,  see  infra, 
§  54. 

Distinction  between  warranty  of  identity 
and  warranty  of  quality.  35  L.R.A. 
(N.S.)    265. 

Effect  of  representing  things  sold  to  be 
"good."     15  L.R.A.  795. 

What  amounts  to  a  breach  of  warranty  of 
soundness  of  a  horse.  32  L.R.A. (N.S.) 
182. 

On  sale  of  secondhand  article.  L.R.A.1915B, 
478. 

Implied  warranty  of  quality  of  food  or 
medicine  for  live  stock.  L.R.A.1916B, 
1109. 

Riglit  of  purchaser  of  goods  deliverable  in 
instalments  to  rescind  the  contract  or 
refuse  further  deliveries  for  breach  as 
to  quality.     38  L.R.A.(N.S.)    539. 

Maj'  words  in  an  executory  contract,  from 
wliich  the  law  implies  a  warranty  as  to 
quality,  be  relied  on  as  an  express  war- 
ranty.'   25  L.R.A. (N.S.)   160. 

Exhibition  of  article  or  sample  to  jury  on 
issue  of  quality  of  goods.  35  L.R.A. 
(N.S.)   1021. 

Parol  evidence  that  parties  to  a  written  con- 
tract which  merely  names  a  class  or 
species,  contemplated  a  particular  quali- 
ty or  hind.     9  L.R.A. (N.S.)    967. 

§  34.  Express  warranty  as  to  quality 
exclufling  implied  warranty  as  to 
quality. 

General  rule.     33  L.R.A. (N.S.)   502. 
Application  of  rule.     33  L.R.A.(N.S.)    503. 

§  35.  Implied  warranty  of  quality  in 
sales  by  description. 

Effect  of  sale  with  particular  description 
of  kind  or  quality.  14  L.R.A.  492;  35 
L.R.A.  (N.S.)    258. 

§   3  6.  Of  seeds  sold. 

General  rule.     37  L.R.A.(N.S.)   79. 
Warranty  that  seed  is  true  to  name.       37 

L.R.A.(N.S.)   80;  L.R.A.1916C,  1012. 
Warranty  of  germinatins;  power.  37  L.R.A. 

(N.S.)    81;   L.R.A.1916C,   1012. 
Freedom  from  noxious  weed  seeds,  etc.      37 

L.R.A.(N.S.)    82;  L.R.A.1916C,  1013. 
Begin  icith  this  hook  on  every  law  question. 


SALE,  X.  d— cont'd 

Effect  of  nonwarranty  or  disclaimer  of  war- 
ranty clause.  37  L.R.A.  ( N.S.  j  82; 
L.R.A.1916C,  1013. 

Effect  of  ignorance  on  part  of  seller.  37 
L.R.'V.(N.S.)   84. 

Negligence  of  purchaser.  37  L.R.A. (N.S.) 
84. 

Remedies  of  purchaser.  37  L.R.A.  (N.S.) 
85;   L.R.A.1916C,   1013. 

Express  warranty  of,  as  excluding  implied 
warranty.     33  L.R.A.  (N.S.)   8(!:j. 

Effect  of  sale  of  seeds  with  particular  de- 
scription of  kind  or  quality.  35  L.R.A.. 
(N.S.)   277. 

§  3  6a.  Of  trees,  shrubs,  plants,  or 
vines. 

Liability  of  vendor  of  trees,  shrubs,  plants, 

or  vines.     49  L.R.A. (N.S.)    1151. 
Express   warranty.     49  L.R.A. (N.S.)    1151. 
Implied  warranty.    49  L.R.A. (N.S.)   1152. 
Where    seller   purchased   stock.     49   L.R.A. 

(N.S.)    1153. 
Limitation  of  scope  of  warranty.    49  L.R.A. 

(N.S.)    1153. 
Right   of   purchaser  to   relv  upon   superior 

knowledge  of   seller.     49   L.R.A.(N.S.) 

1153. 
Effect  of  acceptance.    49  L.R.A.(N.S.)  1154. 
When  breach  occurs.    49  L.R.A. (N.S.)  1154. 
Matters  of  evidence.    49  L.R.A. (N.S.)   1154. 
Measure  of  damages  recoverable  for  breach 

of  warranty.    49  L.R.A. (N.S.)   1155. 


e.  On  sale  of  goods  ty  sample. 

§   37.  Generally. 

Generally.     70  L.R.A.  653. 

What  constitutes   a   sale  by  sample.        70 

L.R.A.  654. 
Nature  and  extent  of  warranty,  generally. 

70  L.R.A.  660. 
Sale  by  both  sample  and  description.       70 

L.R.A.  663. 
Latent  defect  in  both  sample  and  bulk.     70 

L.R.A.  665. 
Does  sale  by  sample  exclude  implied  war- 
ranty other  than  that  goods  shall 
conform     to     sample.     29     L.R.A. 
(N.S.)   139. 
Right  of  purchaser  to  reject  goods  for  breach 
of  warranty  on  sale  by  sample.        27 
L.R.A.(N.S.)  922. 

/.  Effect  of  test  or  inspection  or  oppor- 
tunity to  inspect. 

§  38.  Generally. 

Implied  warranty  in  addition  to  stipulated 
test.     L.R.a!1915B,  1131. 

Effect  of  inspection  on  implied  warranty  of 
fitness  of  property  bought  for  special 
purpose.     22  L.R.A.  194. 

Opportunity  to  inspect  as  affecting  ques- 
tion whether  description  of  kind  or 
quality  in  contract  of  sale  is  a  war- 
ranty or  a  condition  precedent.  35 
L.R.A. (N.S.)    271. 

Effect  of  delivery  of  goods  f.  o.  b.  on  place 
of  inspection.     62  L.R.A.  804. 


INDEX  TO  L.R.A.  NOTES. 


1195 


SALE,  X.  f--cont'd 

Failure  of  vendee  to  inspect  or  test  goods 
as  waiver  of  express  warranty.  24 
L.R.A.(N.S.)   235. 

Purchaser's  right  to  reject  goods  for  breach 
of  warranty  on  inspection  where  no  op- 
portunity for  inspection  was  given  un- 
til after  delivery.  27  L.RJ^.(N.S.) 
915. 

XI.  Duties,  rights,  and  remedies  of 
parties. 

a.  In  general. 

§   39.  Generally. 

On  purcliase  of  bill  of  lading  with  draft 
attached,  see  Bills  and  Notes,  §  7. 

Measure  of  damages  for  breacli  of  contract 
of  sale,  see  Damages,  §§  35-37. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  of  sale,  see  Dam- 
ages, §  1]5. 

Liability  for  negligence  in  sale  of  drugs,  sec 
Drugs  ani)  Druggists,  §  5. 

Liability  of  seller  for  negligence  in  sale  of 
food,  see  Food,  §  5. 

As  to  what  constitutes  fraud  by  seller,  see 
Fraud  and  Deceit,  II. 

Liability  of  seller  generally  for  injury  due 
to  defects  in  property  sold,  see  Negli- 
gence, §  15. 

Specific  performance  of  contract,  see  Spe- 
cific Performance,  II.  c. 

Agent's  criminal  responsibility  for  sale  of 
goods  that  do  not  comply  with  statutory 
requirements,     L.R.A.1918D,   726. 

Riglit  of  purchaser  to  benefit  of  insurance 
taken  out  by  seller.    L.R.A.1918D,  938. 

Must  seller  or  buyer  bear  loss  from  failure 
to  contract  with  carrier  for  full  liabil- 
ity.    L.R.A.1917F,  561. 

What  constitutes  a  broken  or  defective  part 
within  agreement  to  replace  such  parts. 
L.R.A.1917D,  1126. 

Right  of  purchaser  to  maintain  action 
against  carrier.     36  L.R.A.  (N.S.)   71. 

Claim  acainst  state  based  on  a  sale.  42 
L.R:A.  55. 

Liability  for  negligent  performance,  by  sel- 
ler, of  agreement  to  ship  goods,  by  rea- 
son of  which  they  are  lost.  12  L.R.A. 
(N.S.)   679. 

Right  of  one  in  possession  of  another's  prop- 
erty to  appropriate  it  to  an  executory 
contract  with  the  latter.  36  L.R.A. 
(N.S.)    622. 

Right  of  buyer  to  maintain  separate  action 
for  nondelivery  of  each  instalment  un- 
der entire  contract.  3  L.R.A. (N.S.) 
1042. 

Liability  of  vendor  of  diseased  live  stock, 
in  the  absence  of  express  warranty.  29 
L.R.A.(N.S.)   202. 

Purchase  of  bills  of  lading  with  draft  at- 
tached as  assumption  of  seller's  obliga- 
tion.    32  L.R.A.(N.S.)    1173. 

Rights  and  liabilities  under  contract  for  sale 
of  personalty  as  affected  by  vendor's 
mistake  in  fixing  price.  23  L.R.A. 
(N.S.)   1109. 

Consult  also  L.R.A.  Digests  of  Cases. 


SALE,  XL  a— cont'd 

Right  of  purchaser  of  personalty  to  rely  on 
seller's  computation  of  price,  or  esti- 
mate of  quantity.  17  L.R.A.(N.S.) 
419. 

Usurious  agreement  for  interest  in  case  of 
sales.     49  L.R.A.  553.      - 

Resale  to  fix  damages  for  purchaser's  re- 
fusal to  accept  goods.  42  L.R.A. (N.S.) 
6G9. 

Effect  of  seller's  election  to  resell  goods  to 
fix  damages  for  purchaser's  refusal  to 
accept  on  seller's  right  to  purchase.  42 
L.R.A.(N.S.)   675. 

Right  to  plead  inconsistent  defenses  in  ac- 
tions relating  to.    48  L.R.A.  196. 

Interpleader  between  seller  and  agent.  10 
L.R.A.(N.S.)   753.      • 

Admissibility  of  books  of  account  to  prove 
sale  and  delivery  of  goods.  52  L.R.A. 
690. 

Tenant's  or  cropper's  abandonment  of  crop 
as  affecting  rights  of  purchaser.  46 
L.R.A. (N.S.)   56. 

Right  to  receiver  to  take  property  from 
possession  of  purchaser.  47  L.R.A. 
(N.S.)    749. 

Repudiation  of  contract  of  sale  on  one 
ground  as  waiver  of  other  objections. 
3  B.  R.  C.  591. 

Necessity  of  pleading  statute  of  frauds  in 
action  on  contract  of  sale.  49  L.R.A. 
(N.S.)  32. 

Validity  of  statute  or  ordinance  for  the  set- 
tlement of  weights  as  between  buyer 
and  seller  by  public  weigher.  51  L.R.A. 
(N.S.)    731. 

Agreements  as  to  determination  of  prices 
or  value  by  third  persons.  47  L.R.A. 
(N.S.)    384. 

Effect  of  discontinuance  of  serial  publica- 
tion.    45  L.R.A. (N.S.)    203. 

Relief  from  contract  of  sale  because  of 
over  or  underestimate  of  quantity  by 
seller.     45  L.R.A.  (N.S.)   243. 

Who  may  exercise  option  under  a  contract 
calling  for  a  maximum  or  minimum 
amount  of  commodity.  L.R.A.1918D, 
583. 

Recommendation  of  another  as  proper  sub- 
ject  for  credit  as  ground  of  liability. 
L.R.A.1915A,  100. 

Effect  of  provision  of  contract  that  buyer 
shall  furnish  receptacles.  L.R.A. 
1916D,  730. 

Remedy  of  purchaser  for  failure  of  seller 
to  furnish  assistant  to  handle  subject- 
matter  of   sale.     45   L.R.A.(N.S.)    258. 

Duty  of  vendor  of  dangerous  goods  to  warn 
purchaser.     3  B.  R.  C.  449. 

Remedies  of  parties  under  a  contract  for 
the  sale  of  an  article  on  approval.  50 
L.R.A. (N.S.)  808;  L.R.A.1918B,  873. 

Time  for  exercising  option  reserved  in  con- 
tract of  sale  to  return  or  resell 
property.     50  L.R.A. (N.S.)   594. 

Title  to  goods  which  purchaser  elects  to  re- 
turn for  credit  pursuant  to  contract. 
L.R.A.1916E,  1200. 

Right  of  buyer  to  purchase  on  market  before 
expiration  of  time  for  delivery  where 
seller  gives  notice  that  he  will  not  de- 
liver. L.R.A.1917A,  1001. 


119G 


INDEX  TO  L.R.A.  NOTES. 


SALE,  XI.  a— cont'd 

Breach  of  agreement  in  contract  of  sale  to 
give  the  purchaser  the  exclusive  right 
of  sale,  as  aflfecting  the  remedies  of  the 
parties.     L.R.A.1918C,  1027. 

§   4  0.  Assignability  ol'  contract  of  sale. 

As&ignability  of  executory  contract  to  per- 
form particular  work  as  distinguished 
from  contract  of  gale.  23  L.R.A.(N,S.) 
223. 

Assignability  of  contract  to  supply  such 
quantity  of  goods  as  purchaser  may  re- 
quire in  his  business.     2  B,  E.  C.  444. 

§   41.  Under  option  to  purchase. 

Specific  performance  for  provisions  for  ap- 
praisal of  pro]}erty  preliminary  to  exer- 
cise of  option.  L.R.A.1917C,  813. 

Effect  of  option  to  return  goods.  17  Jj.R.A. 
200. 

Rights  conferred  by  a  refusal  or  option.  21 
L.R.A.  127. 

Liability  for  loss  of  or  damage  to  personal 
property  pending  exercise  of  option  to 
buy  or  return  if  unsatisfactory.  6 
L.R.A.(N.S.)   273. 

Purchase  bj'  agent  for  principal  of  prop- 
erty which  agent  personally  has  an  op- 
tion or  contract  to  purchase.  11  L.R.A. 
(N.S.)    122. 

Liability  of  promoter  on  sale  to  corpora- 
tion of  propertv  on  which  he  holds 
option.     18  L.R.A.  (N.S.)   1114. 

When  title  passes  under  consignment  of 
goods  for  sale  with  provision  that  con- 
signee purchase  at  option  of  consignor. 
39  L.R.A.(N.S.)   623. 

§  42.  Effect  of  contract  to  ship  goods 
f.  o.  b. 

In   general.     62   L.R.A.   795. 

Vendor's  liability  as  to  holding  and  trans- 
portation expenses.     62  L.R.A.  796. 

Upon  whom  the  dutv  of  furnishing  cars  or 
vessels  lies.  62' L.R.A.  797:  6  L.R.A. 
(N.S.)  928;  L.R.A.1917A,  1163. 

Effect  of  delivery  f.  o.  b.     62  L.R.A.  798. 
L'pon    the    passing   of    tlie   title.         62 
L.R.A.  802;   33  L.R.A.  (N.S.)    54. 

§  43.  Restrictions  on  slile  or  use  of 
property  as  affecting  purchaser. 

Of  patented  article,  see  Patents,  §  12. 

In  general.     55  L.R.A.  631. 

Copyrighted  articles,  electrotype  plates,  etc. 

'55  L.R.A.  632. 
Validity  of  contract  to  resell  property  at  Sin 

advanced  price.     3  L.R.A.(N.S.)'^213. 
Condition   imposed  by   manufacturer   as   to 

retail   price,   as   binding  upon   retailer 

purchasing  from  middleman.     3  B.  R. 

C.  299. 

§   44.  Seller's  right  to  retake  property. 

Under  conditional  sale,  see  infra,  §  50. 

Right  of  seller  of  property  to  municipal 
corporation  under  invalid  contract  to 
take  or  remove  property  upon  refusal 
of  payment.  20  L.R.A.  (N.S.)  110; 
L.R.A.ioiSB,  173. 

Begin  ivith  this  hoolc  on  every  law  question. 


SALE,  XL  a— cont'd 

Seller's  right  to  recover  possession  or  value 

of  property  on  default  by  purchaser.  32 

L.R.A.  459. 

§  4  5.  Recovery  of  purchase  price  by 
seller. 

Payment   of   purchase   price   on  conditional 

sale,  see  supra,  §  17. 
Under  conditional  sale,  see  infra,  §  51. 
Rescission  of  sale  for  default  in   payment, 

see  infra,  §  66. 
Guaranty  of  purchase  price,  see  Guaraxty. 
Liability  for  purchase  price  of  intoxicating 

liquor,  see  Ixtoxicatixg  Liquors,  §  40. 

Law  governing  right  of  action  for  purchase 
price  before  expiration  of  credit.  64 
L.R.A.  82a. 

Right  to  recover  price  of  property  sold  for 
unlawful  use.     15  L.R.A.  834. 

Sale  of  goods  to  keeper  or  inmate  of  house 
of  ill  fame.    L.R.A.1917B,  1168. 

Who  is  real  party  in  interest  by  wiiom  ac- 
tion for  goods  sold  must  be  brought.  65 
L.R.A.  597. 

Necessity  of  notice  to  bind  guarantor  of  pay- 
ment of  purchase  price.     20  L.R.A.  259. 

Failure  of  consideration  as  defense  to  action 
on  a  purchase  price  note.  39  L.R.A. 
(N.S.)    938;   L.R.A.1918A,  1055. 

What  misrepresentations  will  afford  defense 
to  action  for  purchase  price  of  books. 
22  L.R.A.  (N.S.)   1210. 

Delay  in  attempting  to  regain  property  ob- 
tained under  agreement  to  pay  therefor 
on  delivery  as  waiver  of  that  condition. 
11  L.R.A."'(N.S.)  948;  23  L.R.A. (N.S.) 
824;  L.R.A.1915D,  355. 

Action  for  price  as  bar  to  action  for  dam- 
ages for  fraud.     8  L.R.A. (N.S.)  582. 

Effect  of  setting  up  defects  as  a  counter- 
claim in  an  action  on  one  of  a  series  of 
notes  given  for,  or  to  recover  an  instal- 
ment of,  the  purchase  price,  upon  tlie 
right  to  set  up  a  like  counterclaim  in 
subsequent  actions.  10  L.R.A.  (N.S. ) 
734. 

Right  to  recover  for  goods  sold  under  con- 
tract containing  provision  for  an  ex- 
clusive agency.     6  L.R.A. (N.S.)  547. 

Right  of  seller,  upon  breach  of  executory 
contract,  to  maintain  action  for  con- 
tract price.  17  L.R.A. (N.S.)  808;  26 
L.R.A. (N.S.)   248. 

Right  of  seller  to  recover  contract  price  or 
value  of  articles  delivered  wiiile 
refusing  further  deliveries  for  pur- 
chaser's failure  to  pay.  43  L.R.A. 
1009. 

Right  to  recover  purchase  price  where  pur- 
chaser wrongfully  repudiates  his 
contract.    51  L.R.A.(N.S.)  735. 

§   46.  —  time  of  suing  for. 

Action  for  price  before  expiration  of  credit. 
3  L.R.A. (N.S.)   908. 

Effect  of  refusal  to  execute  purchase-money 
notes  to  give  vendor  an  immediate  right 
of  action.     12  L.R.A. (N.S.)  180. 


INDEX  TO  L.R.A.  NOTES. 


1197 


SALE,  XI.  a— cont'd 

§  47.  Recovery  back  of  payments 
made. 

Under  conditional  sale,  see  infra,  §  52. 

Effect  of  default  in  payment  followed  by 
rescission  as  forfeiture  of  payments  al- 
ready made.     3  L.R.A.(X.S.)"  785. 

b.  Conditional  sale. 

8   48.   Generally. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  33. 

Effect  on  question  of  fixture  generally,  of  re- 
tention of  title  to,  or  lien  on,  chattel 
sold,  see  Fixtures,  §§  6,  7. 

Title  to  foal  of  mare  sold  conditionally.  17 
L.R.A.  82. 

Remedy  of  conditional  vendor  for  refusal  to 
accept.     68  L.R.A.  100. 

Right  of  vendor  under  conditional  sale  as 
affected  bv  bankruptcy  of  purchaser. 
38  L.R.A.  (X.S.)   554. 

Efifect  of  taking  collateral  security  upon 
conditional  sale.  20  L.R.A.  (N.S.) 
1065. 

Duty  of  purchaser  of  property  from  condi- 
tional vendee  with  right  to  sell,  to  see 
that  latter's  vendor  is  paid.  26  L.R.A. 
(X.S.)    585. 

Damages  recoverable  by  conditional  vendor 
of  personalty  from  third  person  who 
converts  the  same  after  partial  pay- 
ment .of  the  purchase  price.  10  L.R.A. 
(X.S.)    458. 

Destruction  of  property  sold  conditionally 
while  in  possession  of  seller.  36  L.R.A. 
(X.S.)   595. 

Liability  for  loss  of  or  damage  to  personal 
property  pending  exercise  of  option  to 
buy,  or  to  return  if  unsatisfactory.  6 
L.R.A.(N.S.)   273. 

Rights  and  remedies  of  parties  to  condition- 
al sale  to  infant.    52  L.R.A. (X.S.)   723. 

Conditional  sale  contract  executed  prior  to, 
but  filed  within  four  months  of  bank- 
ruptcy, as  a  voidable  preference.  47 
L.R.A'.  (N.S.)    1223. 

Accession  to  property  which  is  the  subject 
of  a  conditional  sale.  L.R.A.1916E, 
256. 

Right  to  lien  for  repairs  or  other  services 
under  contract  with  purchaser  un- 
der conditional  sale.  L.R.A.1935D, 
1141. 

Right  of  conditional  vendor  of  automobile  to 
lien  for  storage  or  repairs  made  subse- 
quent to  the  sale.  L.R.A.1918D,  335. 

Effect  of  the  retaking  of  property  by  seller 
on  tlie  rights  and  remedies  of  the 

,  parties  to  a  contract  of  condition- 

al   sale.     L.R.A.1916A,   915. 

Renewal  of  conditional  sale  note  as  affect- 
ing rights  of  seller  or  the  intervening 
riglits  of  third  persons  to  tlje  property. 
L.R.A.1916A,  927.  ' 

Right  of  conditional  vendee  of  personal 
property  to  maintain  action  for  dam- 
ages to,  or  conversion  of,  property. 
L.R.A.1917D,  217. 

Consult  also  L.R.A.  Digests  of  Cases, 


SALE,  XL  b— cont'd 

Injimction  to  restrain  action  by  seller  to  re- 
cover property  sold  by  conditional  sale. 
L.R.A.1917C,  77. 

I 

§4  9.  On   default  of  payment. 

Right  of  vendor.     32  L.R.A.  455. 

Right  of  pureliaser.     32  L.R.A.  465. 

Korfeiture.     32  L.R.A.  469. 

Rescission.     32  L.R.A.  469. 

Statutory  provisions  as  to  rights  and  reme- 
dies.    32  L.R.A.  470. 

Waiver.     32  L.R.A.  471. 

Election  of  remedy  under  contract.  32 
L.R.A.  471. 

Right  and  duty  of  seller  who  retaltes  prop- 
erty under  right  reserved  in  the  con- 
tract, where  reservation  of  title  is  in- 
valid.    L.R.A. 191 6C,  560. 

Bringing  an  action  for  the  purchase  price 
as  a  waiver  by  the  vendor  of  the  title 
and  remedy  clauses  in  a  conditional 
sale  contract.     L.R.A.1916A,  925. 

§   50.  Seller's  riglit  to  retake  property. 

Seller's  right  to  recover  from  purchaser  pos- 
session or  value  of  property  on  default. 
32  L.R.A.  459. 

Right  of  vendor  in  conditional  sale  to  re- 
cover property  as  affected  by  his  knowl- 
edge that  the  purchaser  intended  to 
make  an  unlawful  use  of  it.  40  L.R.A. 
(X.S.)  967. 

Right  to  employ  force  in  retaking  property 
sold  conditionally.  19  L.R.A.  (N.S.) 
606;  L.R.A.1915F,  673. 

Liability  for  abuse  of  right  to  retake  prop- 
erty sold  conditionally,  upon  breach  of 
condition.     13  L.R.A. (N.S.)   1132. 

Bringing  action  for  purchase  price  as  waiver 
of  right  of  vendor  in  conditional  sale 
to  recover  property  in  specie.  23  L.R.A. 
(N.S.)  144. 

Apparent  ownership  of  conditional  vendee, 
as  affecting  right  of  conditional  vendor 
to  claim  title  as  against  conditional 
purchaser's  vendees  or  creditors.  25 
L.R.A.( N.S.)  766,  782-790. 

§  51.  Recovery  of  purchase  price  by 
seller. 

Seller's  right  to  collect  balance  after  retak- 
ing possession.     32  L.R.A.  455'. 

Right  to  recover  on  unpaid  notes  or  con- 
tracts where  vendor  does  not  resume 
possession  or  accept  return  of  property. 
32  L.R.A.  458. 

Right  to  recover  purchase  price  where  prop- 
erty is  destroyed  after  deliveiry.  32 
L.R.A.  458. 

Right  of  seller  under  conditional  sale  to  re- 
cover amount  unpaid  where  property 
test  or  destroyed  without  fault  of  pur- 
chaser.    2  L.R.A.(N.S.)  97. 

§  52.  Purchaser's  right  to  recover 
bact  payments' where  seller  retakes 
property. 

General  rule.  32  I.R.A:  465;  38  L.R.A. 
(N:S.)  891;  51  L.R.A.(N.S.)  251. 


1198 


INDEX  TO  L.R.A.  NOTES. 


SALE,  XI.  b— cont'd 

Where  contract  mutually  rescinded.  38 
L.R.A.  (N.S.)   894. 

Where  seller  unlawfully  takes  or  sells  the 
property.     38  L.R.A. (N.S.)    895. 

Right  of  seller  to  replevin  property  without 
returning  or  offering  to  return  pur- 
chase money.  38  L.R.A.  (N.S.) 
897. 

Judgment  in  replevin  action  as  affecting 
right  to  recover  purchase  money  paid. 
38   L.R.A. (N.S.)    898. 

Where  purchase  price  is  represented  by  buy- 
er's notes.     38  L.R.A.(N.S.)  898. 

Where  property  in  hands  of  third  person, 
38   L.R.A. (N.S.)    899, 

Statutory  right.     38  L.R.A. (N.S.)   899. 

Right  to  recover  property  or  its  value  as  in 
trespass.     32  L.R.A.  467. 

Infant's  rigiit  to  recover  back  payments 
where  seller  retakes  property  on  dis- 
affirmance of  contract  by  infant.  52 
L.R.A. (N.S.)   723. 

c.  On  breach  of  warranty. 

§  53.  Generally. 

Measure  of  damages  for  breach  of  warranty, 
see  Damages,  §  37. 

Loss  of  profits  as  element  of  damages,  see 
Damages,  §  116. 

Liability  of  seller  or  manufacturer  for  in- 
juries by  dangerous  or  defective  article, 
see  Negligence,  §  15. 

Effect  of  representing  things  to  be  "good." 
15  L.R.A.  795. 

Liability  of  infant  for  false  warranty.  57 
L.R.A.  680. 

Rule  of  proximate  cause  in  case  of  false 
warranties.     45  L.R.A.  90. 

Effect  of  warranty  clause  in  contract  on 
failure  of  consideration  as  defense  to  ac- 
tion on  purchase  money  note.  39  L.R.A. 
(N.S.)    946. 

Arrest  under  civil  process  for  breach  of 
warranty.     20  L.R.A. (N.S.)   844. 

Right  of  purchaser,  upon  rejecting  goods  for 
breach  of  warranty,  to  resell  them  on 
account  of  seller.  27  L.R.A.  (N.S.) 
932. 

Time  when  limitation  begins  to  run  on  lia- 
bility for  breach  of  warranty.  15 
L.R.A.(N.S.)   162. 

Availibility  of  breach  of  warranty  as  de- 
fense in  replevin  or  claim  and  delivery 
where  not  specially  pleaded.  34  L.R.A. 
(N.S.)    473. 

Effect  of  change  of  condition  of  chattel  upon 
right  to  return  it  for  breach  of  warran- 
ty.    3  L.R.A. (N.S.)   678. 

Breach  of  warranty  in  the  principal  contract 
as  defense  to  a  surety.     21  L.R.A.  406. 

May  purchaser  recover  damages  for  breach 
of  warranty  or  fraud  as  to  both  ar- 
ticles where  one  article  is  substituted 
for  another  at  his  request  and  both  are 
defective.     37  L.R.A. (N.S.)   298. 

When  does  statute  of  limitations  begin  to 
run  against  an  action  for  breach  of  war- 
ranty.   L.R.A.1916F,  812. 

Begin  ivith  this  hooTc  on  every  law  question. 


SALE,  XL  c— cont'd 

Admissibility  upon  question  as  to  breach 
of  warranty  of  evidence  as  to  success 
or  failure  of  goods  or  apparatus. 
L.R.A.1915B,  626. 

Right  of  husband  to  recover  in  action  for 
breach  of  warranty,  for  loss  of  services 
of  wife,  occasioned  by  her  injury  or 
death  in  consequence  of  such  breach.  3 
B.  R.  C.  197. 

Right  of  a  purchaser  of  chattel  to  avail 
himself  of  breach  of  warranty  made 
to  the  seller.    51  L.R.A. (N.S.)   1111. 

Remedies  of  parties  to  a  contract  of  sale 
providing  that  seller  will  remove  the 
property  if  it  does  not  fulfil  the  war- 
ranty.   50  L.R.A.  (N.S.)  805. 

Yielding  to  adverse  claimant  as  affecting 
buyer's  right  to  assert  breach  of  war- 
ranty of  title  of  personal  property. 
L.R.A.1918B,  1138. 

§  53  a.  Exclusiveness  of  remedy  pro- 
vided by  contract. 

Exclusiveness  of  remedy  for  breach  of  war- 
ranty provided  in  contract  for  the 
sale  of  an  animal.  50  L.R.A. 
(N.S.)  774. 

Exclusiveness  of  remedy  for  breach  of  war- 
ranty provided  in  contract  for  sale 
of  machinery.  50  L.R.A. (N.S.) 
753. 

Exclusiveness  of  remedy  for  breach  of  war- 
ranty given  in  contract  of  sale  of 
chattels  other  than  machinery  or 
animals.     50  L.R.A. (N.S.)    778. 

§   54.  As  to  quality  or  quantity. 

Rights  and  remedies  of  purchaser  in  sales 
by  description.     14  L.R.A.  492. 

Remedy  of  purchaser  on  default  of  one 
who  sells  with  particular  description  of 
kind  or  quality.     35  L.R.A.(N.S.)   291. 

Right  of  purchaser  of  goods  deliverable  in 
instalments  to  rescind  the  contract  or 
refuse  further  deliveries  for  breach  as 
to  quality.     38  L.R.A.  (N.S.)   539. 

Right  of  purchaser  who  has  resold  to  recov- 
er for  breach  of  warranty  as  to  quanti- 
ty or  quality,  where  he  has  not  actually 
made  good  to  his  vendees.  3  L.R.A. 
(N.S.)    465. 

When  does  statute  of  limitations  begin  to 
run  against  an  action  for  breach  of 
warranty.     L.R.A.1916F,  812. 

§   55.  Parol  warranty. 

Breach  of  parol  warranty  as  defense  to  ac- 
tion between  original  parties  on  note 
for  purchase  price  of  chattel.  28  L.RJL. 
(N.S.)    267. 

§  56.  Compliance  with  conditions  of 
warranty. 

Necessity  and  sufficiency  of  compliance  with 

conditions  of  warranty  in  sale  of 

personal      property.        50      L.R.A. 

(N.S.)  783. 

Effect  of  provision  in  contract  of  sale  that 

claim  for  defects  must  be  made  within 

certain  time,  where  defects  are  latent. 

11  L.R.A.(N.S.)   245. 


INDEX  TO  L.R.A.  NOTES. 


1199 


SALE,  XI.  e— cont'd 

§   5  7.  —condition  as  to  returning. 

In  general.     50  L.R.A.(X.S.)  794. 

Construction  of  provision  for  return  in  event 
of  rescission  for  breach  of  warranty.  32 
L.R.A.(X.S.)    212. 

Effect  of  provision  in  contract  of  sale  for 
return  of  defective  goods  upon  buyer's 
right  to  recover  for  breach  of  warranty, 
express  or  implied.  12  L.R.A.  (N.S.) 
540. 

Remedy  for  breach  of  warranty  of  horse 
where  its  death  prevents  its  return  and 
the  substitution  of  another,  as  provided 
by  the  contract.     25  L.R.A.(N.S.)    823. 

Waiver  of  return.    50  L.R.A. (N.S.)  802. 

§   5  7a.  —waiver  of  conditions. 

Waiver    of    conditions    in    contract   of    sale 
limiting  the  warranty.     50  L.R.A. 
(N.S.)    796. 
Waiver   of    stipulated   notice   of   failure   of 
machine   to   work   properly.      1    L.R.A. 
(N.S.)   142. 
Waiver  by  seller  of  provision  for  return  of 
goods  in  case  of  rescission   for  breach 
of  warranty.      32   L.R.A. (N.S.)    214. 

§   58.  Waiver  of  breach. 

Effect  of  inspection  or  opportunity  to  in- 
spect, see  supra,   §   38. 

Under  a  contract  for  sale  of  goods  on  ap- 
proval.    50  L.R.A. (N.S.)    808. 

Vendee's  failure  to  inspect  or  test  goods 
as  waiver  of  express  warranty.  24 
L.R.A.(N.S.)   235. 

§  59.  —by  acceptance  with  knowledge 
of   breach. 

Where  warranty  express.     35  L.R.A. (N.S.) 

502. 
Rule  that  purchaser  has  option  to  accept 

or  reject.     35  L.R.A. (N.S.)    506. 
Doctrine   that  purchaser   must  accept.     35 

L.R.A.(N.S.)  507. 
Riglit    to    accept   where   warranty    implied. 

35  L.R.A. (N.S.)   507. 
Right    to     retain     article     after    obtaining 

knowledge  of  defect.     35  L.R.A.(N.S.) 

509, 


d.  Lien  for  price;  stoppage  in  transitu. 

§   60.  Lien  for  price. 

Applicability  of  doctrine  of  vendor's  equita- 
ble lien  to  personal  property.  3  B.  R. 
C.  824. 

Law  governing  right  to  vendor's  lien.  64 
L.R.A.  831. 

Vendor's  lien  for  purchase  price  of  railroad 
rails.     66  L.R.A.  44. 

Right  of  vendor  by  conditional  sale  to  as- 
sert lion  on  default  of  payment.  32 
L.R.A.  464. 

Personal  liability  of  purchaser  of  personal 
property  which  is  subject  to  a  lien.  59 
L.R.A.  737. 

Waiver  of  seller's  lien  by  attachment  or 
execution.    50  L.R.A.  714. 

Consult  also  L.B.A.  Digests  of  Cases. 


SALE,  XI.  d— cont'd 

§    61.   Stoppage    in    transitu. 

Waiver  of,  bv  attachment  or  execution.     50 

L.R.A.  721. 
Effect  on,   of   contract   to  ship   goods   f.   o. 

b.  62  L.R.A.  805. 
Right  of  stoppage  in  transitu  after  reship- 

ment.    34  L.R.A.  (N.S.)  31. 


e.  Rescission. 

1.  In  general. 

§   62.  Generally. 

Higlit  of  seller  to  retake  property,  see  supra, 
§  44. 

When  sale  of  expectancy  by  prospective  heir 
will  be  set  aside.     33  L.R.A.  278,  284. 

Rescission  by  vendor  of  seeds.  37  L.R.A. 
(N.S.)  85. 

Right  of  infant  to  rescind  sale  of  corporate 
stock.  '28  L.R.A.  (N.S.)  128. 

Effect  of  default  in  payment,  followed  by  re- 
scission, as  forfeiture  of  payments  al- 
ready made.    3  L.R.A. (N.S.)  785. 

Right  of  purchaser  on  conditional  sale  to 
recover  back  payments  where  contract  is 
mutually  rescinded.  38  L.R.A. (N.S.) 
894. 

Duty  of  buyer  where  seller  refuses  to  accept 
property  tendered  in  rescission  of 
the  contract.     L.R.A.1916E,  479. 

§   63.  Prerequisites   to. 

Notice  to  vendor  as  condition  of  vendee's 
right  to  refuse  subsequent  deliveries 
after  breacli  as  to  earlier  deliveries. 
8  L.R.A.(N.S.)   1110. 

§   64.  — return  of  consideration. 

Necessity  of  returning  consideration  before 
bringing  replevin  for  property  obtained 
by  fraudulent  purchase.  21  L.R.A.  206; 
1  L.R.A. (N.S.)  474. 

Necessity  that  tender,  as  condition  of  rescis- 
sion for  breach  of  warranty,  shall  cover 
all  the  property  sold.  8  L.R.A. (N.S.) 
727. 

Construction  of  provision  for  return  in  the 
event  of  rescission  for  breach  of 
warranty.    32  L.R.A. (N.S.)  212. 


2.  Grounds. 

§   65.  Generally. 

What  will  warrant  rescission  of  contract  of 

sale.     30  L.R.A.  61. 
Use  as  waiver  of  right  to  rescind  for  non- 
compliance  with   contract.     36   L.Rj^.. 
(N.S.)    467. 
Failure  of  seller  to  deliver  goods  on  agreed 
date   as   ground   for   rescission   by 
purchaser.     L.R.A.1916E,  940. 

§   66.  Default  in  payment. 

Rescission  for  failure  to  pay  for  instalment 
as  delivered.     32  L.R.A. (N.S.)   1. 

Rescission  of  conditional  sale  on  default  of 
payment.    32  L.R.A.  469. 


1200 


INDEX  TO  L.R.A.  NOTES. 


SALE,  XI.  e,  2— cont'd 
§   6  7.  Fraud. 

What  constitutes  fraud,  see  FEAtm  axd  De- 
ceit, §§  4-] 2. 

Sale  as  a  fraud  upon  creditors  of  seller,  see 
Fkaudulem  Coxveyances. 

Conflict  of  laws  as  to.    64  L.R.A.  827. 
Fraud   in  obtaining  credit.     14  L.R.A. 
264. 
Representation       to       commercial 
agencies.     2   L.R.A.    154;*    14 
L.R.A.  264. 

Election  of  remedies  in  case  of  fraudulent 
purchase.     15  L.R.A.  89. 

False  statement  as  to  cost,  selling,  or 
market  price  of  property,  or  as  to  offers 
therefor.  35  L.R.A.  (N.S.)  175;  L.R.A. 
1916F,  782. 

Lack  of  reasonable  expectation  of  ability  to 
pay  as  equivalent  of  intention  not  to 
pay.     6  L.R.A. (N.S.)   556. 

Liability  of  partnership   for  fraud   in  pur- 
chase of  property.     51  'L.R.A.  484. 
In  sale  of  property.    51  L.R.A.  485. 

Necessity  of  returning  amount  paid  on 
fraudulent  purchase  in  action  of  re- 
plevin by  seller.     1   L.R.A. (N.S.)    474. 

Effect  of  bankruptcy  proceedings  on  prior 
action  to  rescind  sale  for  fraud.  8 
L.R.A.  (N.S.)    1204. 

Right  of  seller  to  reclaim  goods  as  against 
assignee  for  creditors  or  trustee  in 
bankruptcy  of  buyer,  who  procured 
tliem  bv  false  representations.  17 
L.R.A.(N.S.)    1032. 

Burden  of  proof  as  to  payment  of  value  by, 
.  or  notice  of  fraud  to,  subvendee  of  chat- 
tels,  when   original   seller  seeks   to   re- 
scind  for    fraud   of    first   purchase.      8 
L.R.A. (N.S.)  448. 

What  misrepresentations  will  afford  ground 
for  rescinding  a  sale  of  books.  22 
L.R.A.(N.S.)   1210. 

Rescission  by  purchaser  for  seller's  fraud 
as  aifecting  former's  right  to  recover 
damages,  other  than  loss  of  contract. 
31  L.R.A. (N.S.)  910. 

Waiver  of  fraud  by  completing  executory 
contract  for  sale  of  personal  property 
after  discovering  the  fraud.  8  L.R.A. 
(N.S.)    452. 

§   68.  Breach  of  warranty. 

Interest  on  rescission  for  breach,  see  Inter- 
est, §  7. 

Right  of  rescission  on  breach  of  warranty 
by   vendor   of   seeds.     37   L.R.A. (N.S.) 
85;  L.R.A.1916C,  1013. 
Oonstruction    of    provisions    for    return    of 
property,     in    event    of    rescission    for 
broacii  "of   warranty.      32   L.R.A. (N.S.) 
212. 
Right  of  purchaser  to  reject  goods  for  breach 
of  warranty.    27  L.R.A.  (N.S.)  914. 
Right  of  purchaser  of  goods  deliverable  in 
instalments  to  rescind  the  contract, 
or    refuse    further    deliveries,    for 
breach   as   to   quality.      38   L.R.A. 
(N.S.)    539. 


SALE,  XI.  e,  2— cont'd 

Purchaser's  election  to  rescind  for  breach 
of  warranty  as  affecting  recovery 
against  seller.  27  L.R.A.  (N.S.) 
925. 

Use  as  waiver  of  right  to  rescind  for  breach 
of  warranty.    36  L.R.A. (N.S.)  467. 

3.  Waiver  of  right. 

§   69.  Generally. 

Waiver  of  right  to  rescind  by  use  of  prop- 
erty to  test  it.    21  L.R.A.  135. 

Acceptance  of  portion  of  instalment,  as  af- 
fecting right  to  rescind  continuing  con- 
tract for  failure  to  deliver  whole.  21 
L.R.A.(N.S.)   864. 

Waiver  of  fraud  by  completing  executory 
contract  for  sale  of  personal  property 
after  discovering  the  fraud.  8  L.R.A. 
(N.S.)  452. 

§7  0.  Waiver  by  use  of  right  to  re- 
scind for  breach  of  warranty  or 
noncompliance  with  contract. 

General  rule.    36  L.R.A.  (N.S.)  468. 

Use  for   purpose  of  test.     36  L.R.A. (N.S.) 

469. 
Use   after   discovery   of   defect.      36    L.R.A. 

470. 
Use   after  ascertaining  failure  to  meet   re- 
quirements    of     contract.       36     L.R.A. 

(N.S.)   471. 
Where    further    use    is    at    the    request    of 

the  seller.     36  L.R.A. (N.S.)    472. 
Use   after   notice   of   rescission.      36  L.R.A. 

^(N.S.)    472. 
Rescission     for     delay     in     delivering.      36 

L.R.A.(N.S.)   474. 
Whether   reasonableness  question  for  court 

or.  jury.    36  L.R.A. (N.S.)  474. 
When  objection  should  be  made.     36  L.R.A. 

(N.S.)   475. 

/.  Riyhts  of  bona  fide  pnvchasevs. 

§    71.  Generally. 

Of  note,  see   Bills  and  Notes,   §§   38-42. 

Of  bond,  see  Bonds,  §  23. 

In  general,  see  Bona  Fide  Holder. 

§  7  2.  Pre-existing-  debt  as  consider- 
ation for  bona  iide  jjurchase  of  non- 
negotiable  property. 

Notice  of  prior  equities.     36  L.R.A.  161. 
Value  of  the  property.     36  L.R.A.  162. 
Performance  of  transfer.     36  L.R.A.  163. 
Generally.    36  L.R.A.  163. 

♦-•-♦ 


SALES   IN   GROSS. 

Of  trade  mark.     1  L.R.A. (N.S.)   708. 


Begin  with  this  hooTc  on  every  latv  question. 


SALE  OR  RETURN. 

Title  to  goods  which  purcliaser  elects  to 
return  for  credit  under  contract  of  sale 
or    return.      L.R.A.1916E,    1209. 


INDEX  TO  L.R.A.  NOTES. 


1201 


SALESMEN. 

Traveling  salesmen,  see  Commercial  Tbav- 

ELEKS. 

Autliority  of  sales  agent  who  is  authorized 
to  collect  the  wliole  or  part  of  purchase 
price  on  making  the  sale  to  receive  pay- 
ment afterwards.     38  L.R.A.(.X.S.)  700. 

Salesman's  right  to  compensation  as  affected 
bv  employment  of  improper  inetliod  to 
niake  sales.     3!)  L.R.A.(N.S.)    1149. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  of.     53  L.R.A.  77. 


SALOOXTiJEEPERS. 

Liability,  at  common  law,  of  a  saloonkeeper 
for  personal  injury  to  patron.  4  L.R.A. 
(X.8.)   649. 

Liability  for  malicious  acts  of  servants  to- 
wards patrons.    4  L.R.A.(N.S.)  485. 


SALOONS. 


Injunction  against,  see  Injunction,  §  29. 
As  to  sale  of  intoxicating  liquor,  generally, 

see  Intoxicating  Liquor,   §§  19-37. 
Saloonkeepers,  see  Saloonkeepers. 

Power  to  license.     20  L.R.A.  722. 

Power  to  exclude  women  from.     18  L.R.A. 

(X.S.)    657. 
Validity  of  agreement  in  restraint  of  trade, 

ancillary  to  sale  of  saloon,  as  affected 

bv   territorial   scope.     24  L.R.A. (X.S.) 

928;  L.R.A.1916C,  630. 
As  a  place  of  public  accommodation  within 

civil  rights  act.     9  L.R.A. (X.S.)    601; 

L.R.A.1918F,  829. 
As  a  place  of  amusement  within  civil  rights 

acts.     19  L.R.A. (X.S.)  907. 
Effect   upon    lease    of    property   for    saloon 

purposes  of  passage  of  prohibitory  laws 

durine  term.     19  L.R.A.  (X.S.)  964;  23 

L.R.A';  (X.S.)      497;      34     L.R.A. (N.S.) 

773;   L.R.A.1917C,  935. 


SALPINGECTOMY. 

See  Sterilization. 

♦•» 


SALT. 

Right  to  pump  up  water  where  the  result  is 
to  carrv  away  another's  mineral  in 
solution!     5  B.  R.  C.  254. 


SALT   PETER. 

Keepinsf   of.    on    insured   premises.     L.R.A. 

19170.  278. 
Consult  also  L.R.A.  Digests  of  Cases. 


SALVAGE. 

Possibility  of  salvage  as  affecting  amount  of 
damages  for  destruction  of  property. 
L.R.A. 1918A,  276. 

Right  to,  in  case  of  reinsurance.  8  L.R.A. 
(X.S.)    862. 

Legislative  power  to  fix  prices  for  salvage  of 
logs.    33  L.R.A.  182. 

Rights  of  seamen  as  salvors.  64  L.R.A. 
193. 

\A'here  vessel  causing  peril  and  that  claim- 
ing salvage  have  the  same  owner.  1 
L.R.A.(X.S.)    873. 

Jurisdiction  of  admiralty  over  contract  aa 
to.     66  L.R.A.  206,  232. 

Rights  of  seamen  as  salvors.  64  L.R.A. 
193. 

Compensation  in  tlie  nature  of  salvage.  64 
L.R.A.  200. 

Maritime  lien  for.     70  L.R.A.  368,  376. 


SALVATION  ARMY. 

Delegation  of  power  to  regulate  parades  of. 
20  L.R.A.  721. 

Giving  .of  free  service  or  reduced  rates  to 
members  of,  as  an  unlawful  discrimina- 
tion.    L.R.A.1918D,  919. 


SAMPLE. 

Implied  warranty  on  sale  by,  see  Sale.  §  37. 

Regvilation  of  sales  by.     24  L.R.A.  588. 

Authority  of  traveling  salesmen  to  sell.  18 
L.R.A.  667. 

Solicitation  of  orders  by  sample  as  -.inter- 
state commerce.     19  L.R.A. (N.S.)    304. 

Liability  for  loss  or  destruction  of  commer- 
cial traveler's  samples.  35  L.R.A. 
(X\S.)    350.. 

Exhibition  of  sample  to  jury  on  issue  of 
quality  of  goods.  35  L.R.A.  (N.S.) 
1021. ' 

Requiring  that  samples  of  milk  for  sale  be 
given  to  inspectors.  1  L.R.A. (N.S.) 
918;   L.R.A.1917C,  256. 

Duty  of  parties  with  respect  to  delivery  and' 
receipt  of  articles  sold  by  sample.  35 
L.R.A.(X.S.)  290. 

Symbolic  delivery  by,  to  satisfy  statute  of 
frauds.     70  L.R.A.  321. 


.SAMPLE    MERCHANDISE. 

Carrier's  liability  for  loss  of,  when  carried 
as  baggage!  4  L.R.A.(N.S.)  1035; 
L.R.A.1918C,  108. 

♦-»^ 


SANATORIUM. 

Erection  of,  as  violation  of  restrictive  cove- 
nant in  deed.     41  L.R.A.(N.S.)   617. 


76 


1202 


I}sDEX  TO  L.R.A.  NOTES. 


SANCTION. 

Of  evil  by  statute,  when  implied. 
846. 


14  L.R.A. 


SAND. 

Right  to  sand  upon  railroad  right  of  way 
as  between  company  and  fee  owner.  45 
L.R,A.(N.S.)    799. 


SANDPITS. 


Contributory  negligence  in  continuing  work 
in,  notwithstanding  master's  promise  to 
repair.     29  L.R.A,(N.S.)    601. 


SANITARIUM. 


Liability  of  proprietor  of  private  sanitarium 
for  negligence  of  nurse  or  attendant. 
6  L.R.A.  (N.S.)   306;  L.R.A.1915D,  334. 


SANITARY   DISTRICTS. 

Applicability  to,  of  Workmen's  Compensa- 
tion Acts.     L.R.A.1918F,  193. 

Incorporation  of,  into  municipality  as  af- 
fecting prior  rights  as  to  use  of  high- 
way.    47  L.R.A.  (X.S.)    610. 

Immunity  of,  from  liability  for  damages. 
L.R.A.1918B,  1010. 

Validity  of  statutory  provision  for  at- 
torney's fee  in  actions  against  sanitary 
district  of  Chicago.     L.R.A.1915E,  948. 


SANITY. 

See  IxcoMPETENT  Pebsoxs. 


SATISFACTION. 


Accord   and   satisfaction,   see   Accord   and 

Satisfaction. 
Of  execution,  see  Execution,  §   11. 
Of  judgments,  see  Judgment,  §§  74-77. 
Failure  of  employee  to  give,  see  Master  and 

Servant,  §  38. 
Of  condition  in  will,  see  Wills,  §  88. 

Efifect  of  stipulation  that  goods  sold  shall 
be   satisfactory.      17   L.R.A.   208. 

EflFect  of  use  of  property  purchased  on  ap- 
proval after  expression  of  dissatis- 
faction.    14  L.R.A. (N.S.)    1107. 

What  constitutes  "satisfactory  title"  with- 
in requirement  of  land  contract  or 
other  agreement  relating  to  land.  18 
L.R.A.  (N.S.)     741. 

Payment  oif  note  by  maker  which  proves 
ineffectual  as  a  satisfaction  as  affect- 
ing surety's  liability  thereon.  13 
L.R.A.(N.S.)    205. 

Begin  with  this  booTc  on  every  law  question. 


SAVINGS  BANKS. 

See   Banks,    §§    12,    13,    43,    44. 


SAWMILL. 


Master's  liability  for  vice  principal's  neg- 
ligence in  operating.     54  L.R.A.  131. 

Contributory  negligence  in  continuing  work 
in,  notwithstanding  master's  promise  to 
repair.     29    L.R.A. (N.S.)    602. 


SCAFFOLD. 


Master's  liability  for  injury  to  servant 
by,  see  Master  and  SerVant..  §  84. 

What  constitutes  "scaffolding"  within  mean- 
ing of  workmen's  compensation  act. 
L.R.A.1916A,  198. 


^•» 


SCALES. 


Obstruction   of  street   by.      14   L.R.A.   558. 
Power  of   municipality  to   regulate  use  of 

scales  by  merchants.     23  L.R.A.(N.S.) 

266. 
Power   of  municipal   corporation   to   grant 

right  to  maintain  scales  in  street.    25 

L.R.A.(N.S.)    403. 


SCALPING. 

See  Carriebs,  §§21,  148. 


SCANDAL. 


Cruel   and  unusual   punisliment   for   publi- 
cations disseminating.     35  L.R.A.  578. 


SCANDALOUS    MATTER. 

As  reason  for  omitting  part  of  will  from 
probate.     34  L.R.A. (N.S.)   974. 


SCAVENGERS. 


See  Garbage. 


SCENIC   RAILROAD. 

Liability  of  person  maintaining,  for  safety 
of  patron.  19  L.R.A. (N.S.)  772:  26 
L.R.A.(N.S.)  1054;  42  L.R.A.(N.S.) 
1070. 


INDEX  TO  L.E.A.  NOTES, 


1203 


SCHEDULE. 

In    assignment    for   creditors,    see   Assign- 
ment FOR  Ceeditors,  §  5. 

Sufficiencv  of  rules  as  to  operation  of  trains 
by.    '43    L.R.A.    332. 


SCHEDULE  TIME. 

Liability  to  servant  in  charge  of  a  train 
or  car  as  affected  by  his  duty  to  keep 
schedule   time.     L.R.A.1916E,   268. 


♦  *» 


SCHISM. 

See  Religious  Societies,  §§  4,  6. 

< « » 

SCHOOL  DISTRICT. 

See  Schools,  V. 


SCHOOLHOUSE. 

See  Schools,  §§  29,  30. 


SCHOOL   LANDS. 


Location    of    mines    on.      7    L.R,A. (N.S.) 
794, 


SCHOOL  MONEY. 

See  Schools,  §   38. 


SCHOOLS. 


7.  In  general,  §§  1,  2. 
II.  Government;  control;  attendance; 
exclusion;  tuition,  §§  3—11, 

III.  Teachers,  §§  12-22. 

IV.  Officers;  elections,  §§  23-26. 

V.  Districts;   property;    schoolhouses ; 
contracts;  liahilittps;  indebted- 
ness; taxes,    §§  27—35. 
VI.  Text-hooTis ;      instruction;      school 
money,    §§    36-3S. 

I.  In  general, 

§   1.  Generally. 

Charitable    bequest    for,    see    Charities. 
Constitutionality    of    statutes    as    to,    see 

Constitutional  Law,  §  148. 
Sale    of    liquor   within    prohibited   distance 

of,  see  Intoxicating  Liquors,   §  27, 

Applicability  to  school  janitors  of  Work- 
men's Compensation  Acts.  L.R.A. 
iniSF.  192. 

Consult  also  L.R.A.  Digests  of  Cases. 


SCHOOLS,  I.— cont'd 

Giving  of  free  service  or  reduced  rates  by 
public  service  corporation  to  schools  as 
an  unlawful  discrimination,  L.R.A. 
1918D,  914, 

Dutv  of  operator  of  automobile  near  school. 
"L.R-A.igiSA,  252. 

Effect  of  language  in  deed  indicating  that 
land  is  to  be  used  for  school  or  educa- 
tional purposes.     L.R.A.1918B,  696. 

Privilege  of  communication  by  or  to  school 
autliorities  regarding  conduct  of  pupil 
or  teacher,    L.R.A.1917D,  784. 

Liability  of  one  conducting  school  for  in- 
struction in  automobile  driving  for  neg- 
ligent operation  during  instruction. 
L.R.A.1917A,  397.  ^    • 

Conducting  public  school  in  sectarian  build- 
ing.   L.R.A.1917D,  462. 

Who  may  petition  in  relation  to  school 
matters.     43  L.R.A.(N.S.)   293, 

Sale  of  books  or  other  school  supplies  upon 
school  property  or  by  persons  connected 
with   schools.     L.R.A.1915C,  624. 

Nature  and  relation  to  state  of  incorporated 
educational  institutions  belonging  to 
state.    29  L.R.A.  380. 

Protection  of  school  privileges  by  the  equal- 
itv  provision  of  the  14th  Amendment, 
14  L,R.A.  581. 

Establishment  of  school  as  violation  of 
restrictive  covenant  in  deed.  41  L.R.A. 
(N.S.)    616. 

Taking  of  property  for  common  schools 
as  a  public  purpose.  22  L.R.A. (N.S.) 
169. 

On  what  basis  majority  essential  to  adop- 
tion of  proposition  for  establishing 
high  school  is  to  be  computed.  22 
L.R.A.(N.S.)    478. 

Determining  character  of  standing  of  pro- 
fessional school  or  college  for  purposes 
of  license  statutes.  22  L.R.A. (N.S.) 
735. 

As  a  violation  of  covenant  against  disagree- 
able noise  or  nuisance.  9  L.R.A. (N.S.) 
1039. 

Right  of  taxpayer,  in  absence  of  statute, 
to  enjoin  school  contract.  36  L.R.A. 
(N.S.)    16. 

School  session  as  a  meeting  within  purview 
of  offense  of  disturbing  meeting.  30 
L.R.A. (N.S.)    832. 

§   2.  Transportation  of  pupils. 

Power  to  require  carriers  to  give  reduced 
rates  to  school  children.  11  L.R.A, 
(N.S.)     973;    41    L.R.A.  (N.S.)     524. 

Duty  of  public  to  furnish  free  transpor- 
tation to  pupils.  37  L.R.A.  (N.S.) 
1110, 

Right  to  use  school  monev  for  transporta- 
tion of  pupils.     38  L'R.A.(N.S.)    710. 

Who  are  within  statutes  or  ordinances  re- 
quiring carriers  to  give  reduced  rates 
to  "pupils"  or  "school  children."  43 
L.R.A.(N.S.)    172. 

Giving  of  reduced  street  car  fares  to  school 
children  as  an  unlawful  discrimination. 
L.R.A.1918D,  915. 


1204 


INDEX  TO  L.E.A.  NOTES. 


SCHOOLS— cont'd 

II.  Government;    control;    attendance; 
exclusion;  tuition. 

§   3.  Generally. 

Power  of  school  authorities  to  require  at- 
tendance at  particular  school  as  affected 
by  location,  accessibility,  or  distance. 
22  L.R.A.(N.S.)    584. 

Requiring  examination  as  condition  of  ad- 
mission or  promotion  of  pupils.  L.R.A. 
1916C,  997. 

§   3a.  Compulsory   education. 

What  instruction  constitutes  compliance 
with  compulsory  education  statute.  41 
L.R.A.(N.S.)    95. 

Expulsion  or  exclusion  of  child  from  school 
as  excuse  or  justification  for  non- 
compliance with  compulsory  education 
Ian-.     L.R.A.1915D,  223. 

§   4.  Private   schools. 
Power     to     regulate    or     prohibit    private 
schools.     29   L.R.A.{N.S.)    53. 

§   5.  Religious    garb. 

Validity  of  rule  forbidding  religious  garb 
in"^school.     7  L.R.A.(N.S.)   403. 

Right  to  require  or  prohibit  the  wearing 
of  uniforms  or  religious  garb  in  pub- 
lic school  or  college.  42  L.R.A.  (N.S.) 
337. 

§   6.  Residence   of   pupils. 

What    constitutes    residence    entitling    chil- 
dren   to    the    privileges    of    public 
schools.     26  L.R.A.  581 ;  36  L.R.A. 
(N.S.)    341;    51   L.R.A.  (N.S.)    234. 
Validity    of    statute    giving   nonresident   of 
school   district    right   to   attend    school 
witliout  charge.     24  L.R.A. (N.S.)   1104. 
Acquiring  residence  as  voter  while  attend- 
ing school.     23  L.R.A.  215;   40  L.R.A. 
(N.S.)   170. 
Domicil  or  residence  for  taxation  as  affected 
by  purpose  to  obtain  school  facilities. 
L.R.A.1917A,  290. 

§  7.  Discrimination  against  colored 
children;   separate  schools. 

Separate  schools  for  colored  children.  14 
L.R.A.   581. 

Who  is  negro,  mulatto,  or  person  of  color 
within  school  law  not  specifically  de- 
fining the  same.  31  L.R.A. (N.S.)  ISO; 
L.R.A.191.5A,  828. 

Right  of  educational,  charitable,  or  religious 
institution  to  exclude  person  on  account 
of  race  or  color.     24  L.R.A. (N.S.)  447. 

Right  of  Indian  children  to  school  privileges. 
50   L.R.A. (N.S.)    247. 

§   8.  Vaccination  of  pupils. 

Vaccination  as  condition  of  attendance.  25 
L.R.A.   152;   17  L.R.A. (N.S.)    710. 

Exclusion  of  unvaccinated  child  from  school 
as  excuse  or  justification  for  noncom- 
pliance with  compulsory  education  law. 
L.R.A.1915D,  223. 

§  9.  Control  of  pupils;  suspension. 

Suspension  as  affecting  tuition,  see  infra, 
§  11a. 


Begin  witU  this  toolc  on  every  latp  question. 


SCHOOLS,  II.— cont'd 

Teacher's    right    to    enforce    discipline,    see 

infra,  §  20. 
Teaclier's  right  to  chastise  pupil,  see  infra, 

§   21. 
Teacher's  liability  for  injury  to  pupil,  see 

infra,  §  22. 

Forbidding  student's  affiliation  witli  secret 
society.  7  L.R.A.(N.S.)  352;  L.R.A. 
1915D,  588. 

Exclusion  of  im vaccinated  child  from  school 
as  excuse  or  justification  for  non- 
pliance  with  compulsory  education 
law.     L.R.A.1915D,  223. 

§    1 0.  —  outside  of  school  grounds. 

Power  of  school  authorities  over  pupils 
while  outside  of  school  grounds.  3 
L.R.A. (N.S.)  496. 

Right  of  school  authorities  to  control  pupils 
when  going  to  and  from  school.  62 
L.R.A.  160. 

Right  of  third  person  to  complain  of  regu- 
lations concerning  conduct  of  students 
bv  which  he  is  injuriously  affected.  51 
L.R.A.  (N.S.)    17. 

§  11.  —  right  to  exclude,  suspend,  or 
expel  pupils  for  misconduct  of 
themselves   or  parents. 

Discretion  of  school  authorities.     50  L.R.A. 

(N.S.)   267. 
Where  the  parent's  action  affects  the  child. 

41  L.R.A.  593. 
For  misconduct  of  pupil.     41  L.R.A.  594. 
For  absence  and  tardiness.   .41  L.R.A.  597. 
For    connection    with    secret    societies.      41 

L.R.A.  599. 
Want  of  proficiency.     50  L.R.A.  (N.S.)   268. 
For  failure  to  participate  in  certain  studies 

and  exercises.    41  L.R.A.  599;  50  L.R.A. 

(N.S.)  267. 
For  refusal  to  perform  manual  labor.     41 

L.R.A.  603. 
For    failure    to    pay    for    injury    to    school 

property.     41  L.R.A.  603. 
Controlling  conduct  of  pupil  after  the  rela- 
tion  of   teacher   and   pupil   has   ceased. 

41  L.R.A.  604;  50  L.R.A. (N.S.)  268. 
Questions    of    pleading    and    practice.      41 

L.R.A.  604. 

§   11a.  Tuition. 

Expulsion  or  withdrawal  from  school  as 
affecting  tuition  fee.  5i  L.R.A, 
(N.S.)  975. 

Free  tuition.    L.R.A.1918F,  681. 

///.  Teachers. 

§    12.  Generally. 

Teachers  as  "emploj'ees"  within  meaning  of* 
Workmen's  Compensation  Acts.  L.R.A. 
1918F,  204. 

Libel  or  slander  by  insinuation  of  miscon- 
duct of  teacher  with  pupils.  49  L.R.A. 
(N.S.)   103.3. 

Privilege  of  communication  by,  or  to  school 
authorities  regarding  conduct  of  pupil 
or  teacher.     L.R.A.1917D,  784. 

Privileged  character  of  complaints  to  proper 
authorities  against  school-teachers.  27 
L.R.A.  (N.S.)   1043. 


INDEX  TO  L.R.A.  NOTES. 


1205 


SCHOOLS,  III.— cont'd 

Privilege  of  school  superintendent  or  other 
officer  in  reporting  to  school  authorities 
upon  character  of  teacher.  30  L.R.A. 
(N.S.)    200. 

Validity  of  contract  restraining  practice  of 
profession  after  expiration  of  term  of 
service  with  another.  26  L.R.A. (N.S. ) 
961.* 

Character  of  occupation  of  premises  bv  mas- 
ters.    4  L.R.A. (N.S.)   714,  719,  721. 

Going  to  another  state,  county,  or  district 
to  teach  school  or  preach  as  affecting 
a  change  of  domicil  or  residence.  22 
L.R.A. (N.S.)   996;  L.R.A.1917A,  294. 

§   13.  lilcense. 

Validity  of  contract  by  unlicensed  teacher. 

12''L.R.A.(N.S.)   614. 
Effect  of  contract  by  teacher  without  license 

or  certificate   of  qualification.     42 

L.R.A.(N.S.)   412. 

g    14.  —revocation  of. 

Interference  by  courts  with  revocation  of 
school  teacher's  license.  15  L.R.A. 
(N.S.)   1148. 

§    15.  Appointment  or  employment  of. 

For  period  extending  beyond  term  of  trus- 
tees.   16  L.R.A.  257. 

Employment  of  teacher  by  school  board 
without  formal  meeting.  L.R.A.1015F, 
1047. 

Power  of  local  school  authorities  to  pre- 
scribe qualifications  or  conditions  of 
employment  of  teachers,  other  than 
those  prescribed  by  statute.  L.R.A. 
11U7E,  1073. 

Marriage  as  ground  for  nonappointment  of 
teacher.     L.R.A.1916C,  795. 

Power  of  board  to  appoint  superintendents 
or  teachers  for  terms  extending  bevond 
its  own  term.    29  L.R.A. (N.S.)  657. 

§    16.  Discharge  of. 

Mandamus  to  compel  the  reinstatement  of 
a  teacher.     49  L.R.A.  (N.S.)  62. 

Right  of  taxpayer  to  enjoin  removal  of 
'  teacher.     51  L.R.A. (N.S.)    336. 

Marriage  as  ground  for  dismissal  of  teacher. 
L.R.A.191GC,   795. 

§    17.  Wages:   salary;   expenditures. 

Exemption  of  salary  from  claims  of  credit- 
ors.    54  L.R.A.  572. 

Right  of  school-teacher  to  be  reimbursed 
for  money  expended  for  school  purposes 
without  precedent  authority.  42  L.R.A. 
(N.S.)    1177. 

§    18.  — while  not  teaching. 

Right  of  teacher  to  salary  during  temporary 
interruption  of  school  in  term 
time.     50  L.R.A.  371. 

Right  of  school-teachers  to  pav  during  ab- 
sence.    38  L.R.A. (N.S.)    513. 

§    19.  Pensions. 

Constitutionulitv  of  Teachers'  Pension  Law. 

L.R.A.1918A,  526. 
Consult  0/.SO  L.R.A.  Digesttt  of  Cases. 


SCHOOLS,  III.— cont'd 

Power  of  legislature  to  require  municipality 

to  pension   teachers.     34  L.R.A. (N.S.) 

609. 
Vested   right  in   pension.     50  L.R.A. (N.S.) 

1021. 

§   2  0.  Right  to  enforce  discipline. 

Control  of  pupils,  generally,  see  supra,  §§ 
9-11. 

§   21.  —right  to  punish  pupil. 

Liability  for  improper  punishment,  see  in- 
fra, 22. 

Right  of  teacher  to  inflict  corporal  punish- 
ment on  pupil.    1  B.  R.  C.  718. 

§  2  2.  — liability  for  personal  injury  to 
pupil. 

Liability  for  assault,  see  Assault  and  Bat- 

TEBY,  §  8. 

In  general.     65  L.R.A.  891. 

Reasonable  restraint  or  correction.  65 
L.R.A.    891. 

Excessive  restraint  or  correction.  65  L.R.A. 
893. 

Punishment  inflicted  without  proper  cause. 
65  L.R.A.  897. 

When  cause  of  punishment  is  unknown  to 
pupil.    65  L.R.A.  897. 

Reasonableness  or  excessiveness  of  punish- 
ment is  for  the  jury.  65  L.R.A. 
897. 

Statutes.     65  L.R.A.  899. 

Homicide  by  excessive  or  improper  chastise- 
ment of  pupil.     60  L.R.A.  803.    • 

IV.  Officers;   elections. 

§   23.  Generally. 

Officers  of  school  district  as  public  officers. 

17  L.R.A.  247. 
Right   of  woman   to  be  superintendent  or 

other  officer  of.     38  L.R.A.  212. 
Mandamus  to,  to  compel  the  reinstatement 

of  a  teacher.    49  L.R.A. (N.S.)   62. 
Mandamus  to  compel   issuance  of  diploma. 

L.R.A.1916B,  616. 
Applicability    of    statute   of   limitations   to 

actions   by   school   authorities.     L.R.A. 

1916E,  98. 

§,24.  Rights  and  powers  of  officers. 

Power    to    act    as    determined    by    place   of 

performance.     33  L.R.A.  86. 
Right  of  school  board  to  employ  attorney. 
L.R.A.1917D,  246. 
When  entitled  to  services  of  official  at- 
torney.    L.R.A.1917D,  258. 
Power    of    school    authorities    to    purchase 

text-books.     45  L.R.A. (N.S.)   972. 
Power  of  trustees  to  hire  teaclier  for  period 
extending  bevond  their  own  term.     16 
{  L.R.A.  257. 

I  Power  of  board  to  appoint  officer  or  make 
1  contract    for    term    extending    be- 

vond   its    own    term.      29    L.R.A. 
\N.S.)    652:   L.R.A.1915E.  581. 
Power   to    employ   teacher   without    formal 
meeting  of  board.     L.R.A.1915F,   1047. 


1206 


IXDEX  TO  L.K.A.  NOTES. 


SCHOOLS,  IV.— coiit'd 

Power  of  local  school  authorities  to  pre- 
scribe qualifications  or  conditions  of 
employment  of  teachers  other  than 
those  prescribed  by  statute.  L.R.A. 
1917E,  1073. 

Right  of  school  officer  to  repudiate  or  with- 
draw resignation.  16  L.R,A.  (N.S.) 
1058;  L.R.A.1917F,  547. 

§   25.  lilability  of  officers. 

Personal  liability  to  public  of  school  officers 
who  pay  out  money  in  excess  of  debt 
limit.     L.R.A.1917D,  519. 

Personal  liability  of  school  officers  for  fail- 
ure to  take  bond,  or  for  taking  insuf- 
ficient bond,  from  contractor,  condi- 
tioned for  payment  of  claims  of  sub- 
contractors, materialmen,  and  laborers. 
49  L.R.A.(X.S.)    1200. 

Personal  liability  of  school  officer  on  con- 
tract in  excess  of  his  authority.  23 
L.R.A.(N.S.)    428. 

Report  by  superintendent,  as  privileged  com- 
munication,     5   L.R.A. (N.S.)    164.     ■ 

Privilege  of  communication  by,  regarding 
conduct  of  pupil  or  teacher.  L.R.A. 
1917D,  784. 

Privilege  of  school  superintendent  or  other 
officer  in  reporting  to  school  authorities 
on  character  of  teacher.  30  L.R.A. 
(N.S.)  200. 

g  2  6.  Meetings;  elections. 

Employment  of  teacher  by  school  board 
without  formal  meeting.  L.R.A.1915F, 
1047. 

Parol  evidence  to  vary  or  supplement  min- 
utes of  meeting.    50  L.R.A.(N.S.)  99. 

Who  may  sign  petition  for  election.  43 
L.R.A.(N.S.)   293. 

Right  to  vote  in  school  election;  women 
voters.     21  L.R.A.  662. 

Right  of  women  to  vote  at  school  meetings. 
27  L.R.A.(N.S.)  522;  L.R.A.1915B,  247. 


F.  Districts;  property;  schoolhouses ; 
contracts;  liahUities;  indebtedness; 
touces. 

§  27.  Districts  generally;  contracts. 

Estoppel  of,  see  Estoppel,  I. 

Parol  evidence  to  vary  or  supplement  rec- 
ords of.     50  L.R.A. (N.S.)    99. 

Removal  for  separable  controversy  of  ac- 
tion by  school  district  to  cancel  judg- 
ment.     5   L.R.A. (N.S.)    87. 

Power  of  school  district  to  employ  attorney. 
L.R.A.1917D,  246. 
When  entitled  to  services  of  official  at' 
torney.    L.R.A.1917D,  258. 

Right  of  subcontractor,  materialman,  or 
laborer  to  maintain  action  on  contract- 
or's bond  running  to  school  district. 
27  L.R.A.(N.S.)   581. 

Ratification  bv  school  district  of  unauthor- 
ized contract.  20  L.R.A.  136;  L.R.A. 
1915A,  1023. 

Right  to  withdraw  name  from  petition.  11 
L.R.A. (N.S.)  372. 

Begin  ^oith  this  booTc  on  every  law  que. 


SCHOOLS,  V. cont'd 

§  28.  — organization;  boundaries. 

Effect  of  changing  boundaries  of  school  dis- 
trict on  rights  in  real  property.  26 
L.R.A.  (N.S.)   486. 

Who  may  maintain  quo  warranto  to  test  va- 
lidity of  organization  of  school  dis- 
trict'.    21  L.R.A.  (N.S.)   685. 

Who  may  petition  in  relation  to.  43  L.R.A. 
(N.S.)    293. 

§   2  9.  Property;    sclioolliouses. 

Taxation  of,  see  infra,  §  35. 

Sale    of    liquor   within    prohibited    distance 

of,  see  Intoxicating  Liquors,  §  27. 
Assessment    for    public    improvements,    see 

Public  Impkovements. 

Power  to  exercise  eminent  domain  for  pur- 
pose  of   school.     48   L.R.A. (N.S.)    485. 

Taking  school  lands  for  other  public  uses. 
48  L.R.A.(N.S.)    489. 

Reverter  of  land  conveyed  for  school  pur- 
poses.    44   L.R.A.(N.S.)    1220. 

Mechanics'  liens  on  schoolhouses.  35  L.R.A. 
142;  41  L.R.A. (N.S.)   315. 

Implied  power  of  municipality  to  purchase 
or  build  on  credit.    4  L.R'A.  (N.S.)  746. 

Liability  of  municipal  corporation  for  tort 
in  connection  with  school  building.  25 
L.R.A.(N.S.)   88. 

Police  power  of  municipal  corporation  over 
school  building  within  its  limits.  47 
L.R.A.(N.S.)    892. 

Statutory  restrictions  as  to  site  of  school 
buildings.     43  L.R.A.(N,S.)    1024. 

Power  of  state  or  municipality  to  forbid 
location  of  places  of  amusement  near. 
L.R.A.1916D,  99. 

§   30.  —use   of. 

Use  of  buildings  for  private  purpose.     33 

L.R.A.  118. 
Effect  of   language   in   grant  specifying   or 
restricting    the    use    of     property    for 
school  purposes.     19  L.R.A.  265. 
Use  of  public  school  building  or  other  school 
property    for    other    than    school 
purposes.    31  L.R.A. (N.S.)  588;  50 
L.R.A.(N.S.)  1182. 
Sale  of  books  or  other  school  supplies  upon 
school  property  or  by  persons  connected 
with  schools.    L.R.A.1915C,  624. 

§   31.  Liabilities. 

Applicability   to  school   districts  of   Work- 
men's     Compensation     Acts.       L.R.A. 
1918F,  190. 
Liability   of   school   district   or   school   cor- 
poration for  tort.    49  L.R.A. (N.S.) 
1026. 
Liability  for  negligence.  37  L.R.A.  301; 
49  L.R.A.(N.S.)   1026. 

§   32.  Indebtedness. 

Liability  of  district  on  paper  executed  by 
school  district.     21  L.R.A. (N.S.)    1078. 

Liability  of  territory  annexed  to  school  dis- 
trict to  pay  proportionate  share  of  ex- 
isting debts.     27  L.R.A. (N.S.)    1147.- 

Holders  as  necessary  parties  to  proceedings 
to  invalidate  moneyed  obligations  of 
school    district.      3 'L.R.A.  iN.S.)     256. 

tion. 


INDEX  TO  L.R.A.  NOTES. 


1207 


SCHOOLS,  v.— cont'd 

When  limitations  begin  to  run  against  ac- 
tion on  obligations  of  school  district 
payable  out  of  particular  fund.  30 
L.R.A.  (N.S.)    478. 

§   3  3.  —limitation  of. 

Maintenance  of  school  as  necessity  which 
will  justify  school  district  in  exceed- 
ing debt   limit.     27   L.R.A.  (N.S.)    891. 

Personal  liability  to  public  of  school  officers 
who  pay  out  money  in  excess  of  debt 
limit.    L.R.A.1917D,  519. 

§   34.  —bonds. 

Right  of  taxpayer,  in  absence  of  statute, 
to  enjoin  issuance  or  payment  of  school 
bonds.     36  L.R.A. (N.S.)   7. 

Liability  of,  for  its  bonds  stolen  from  it. 
39  L.R.A. (N.S.)    446. 

§   35.  Taxes. 

]]xemption  of  property  of,  from  local  assess- 
ments, see  Public  Improvements,  § 
23. 

E.xemption  from  taxation,  see  Taxes,  §§  24- 
26. 

Right  to  extend  tax  over  territory  added  to 
school  district  after  tax  voted.  39 
L.R.A.(N.S.)  60L 

Tl.  Text-hooks;    instruction;     school 
money. 

§  3  6.  Adoption  of  text-books  for  pub- 
lic schools. 

Generally.     36  L.R.A.  277. 

Right  to  select,  generally.     36  L.R.A.  277. 

Validity  of  selection.     36  L.R.A.  277. 

Enforcing  use  of  book.     36  L.R.A.  277. 

Rights  of  parent.     36  L.R.A.  278. 

Attack  on  action  of  school  board.  36 
L.R.A.  278. 

Period  of  designation.     36  L.R.A.  278. 

Effect  of  rules  of  school  board.  36  L.R.A. 
278. 

Interpretation  of  statutes.     36  L.R.A.  279. 

Power  of  school  authorities  to  purchase 
text-books.     45  L.R.A. (N.S.)   972. 

Who  may  complain  of  noncompliance  with 
statute  in  adopting  or  changing  text- 
books in  scnools.  19  L.R.A.  (N.S.) 
1003. 

§  3  6a,  Subjects  of  instruction  gener- 
ally. 

Power   of   legislature  to   prescribe   subjects 

to  be  taught  in  public  schools.     47 

L.R.A.(N.S.)    200. 

Statutory    power    of    local    authorities    to 

maintain  teachers'  training  department 

in  school.    52  L.R.A.  (N.S.)   163. 

§   3  7,  Religions  instruction. 

Religious  exercises  or  instruction  in  public 
schools.  16  L.R.A. (N.S.)  860;  L.R.A. 
1915D,  941. 

Conducting  public  school  in  sectarian  build- 
ing.    L.R.A. 1917D,  462. 

Consult  also  L.R.A.  Digests  of  Cases. 


SCHOOLS,  VI.— cont'd 
§   3  8.  Scliool   moneys. 

Use  of  public  money  for  schools.  14  L.R.A. 
474. 

Power  to  use  public  school  moneys  in  sup- 
port of  other  educational  institu- 
tions.     15   L.R.A.   825. 

Use  of  public  money  for  support  or  educa- 
tion of  children  committed  to  sectarian 
schools.     L.R.A.1918B,   210. 

Right  to  use  school  money  for  transporta- 
tion of  pupils.  38  L.R.A.(N.S.)  710; 
50  L.R.A.(N.S.)  428. 

Use  of  common  school  funds  for  normal 
school  or  teacher's  training  school.  20 
L.R.A.  (N.S.)    1033. 

Appropriations  for  sectarian  school.  14 
L.R.A.  418. 

Right  to  recover  back  public  money  appro- 
priated to  sectarian  institutions.  19 
L.R.A.(N.S.)  171. 


SCHOOL  SUPPIilES. 

Sale  of,  upon  school  property  or  by  per- 
sons connected  with  schools.  L.R.A. 
1915C,  624. 


SCIENCE. 

Power  of  court  to  disregard  testimony  be- 
cause contrary  to  scientific  principles. 
7  L.R.A.  (N.s!)  357;  15  L.R.A.  (N.S.) 
701;  28  L.R.A.(N.S.)  648;  L.R.A. 
1916D,  301. 

«-*-^^ , 


SCIENTER. 

See  Animals,  II.  d. 

♦-•-♦ 


SCIENTIFIC   BOOKS. 

Admissibility  in  evidence,  see  Evidence,  § 

146. 
Use  of,  by  counsel  in  arguing  to  jury.  L.R.A. 

1918D,  81. 


SCIENTIFIC    FACTS. 

What  knowledge  of  is  imputed  to  servants. 

44  L.R.A.  75. 
What   knowledge   of   imputed   to  employer. 

41  L.R.A.  56, 


SCIRE  FACIAS. 

Of  judgment,  see  Judgment,  VII,  a. 

Scire  facias  to  -fix  amount  of  mechanics' 
lien  after  judicial  sale  of  property  un- 
der prior  or  contemporaneous  lien.  47 
L.R.A. (N.S.)    707. 


1208 


INDEX  TO  L.R.A.  NOTES. 


SCIRE  FACIAS— cont'd 

When  may  local  venue  be  disregarded  upon 
the  ground  that  the  procee<lings  is  an- 
cillary or  incidental,  in  case  of  scire 
facias  against  bail.    L.R.A.1916D,  1135. 

Right  of  garnishee  on  scire  facias  upon 
judgment  against  him  to  attack  judg- 
ment against  principal  defendant  for 
lack  of  jurisdiction.  51  L.R.A.  (N.S.) 
600. 


SCOPE  OF  EMPLOYMENT. 

Master's  liability  for  injuries  received  in 
performing  duties  outside  of,  see  M.\s- 
TEB  AND  Servant,  §  69. 

Servant's  assumption  of  risks  outside  of, 
see  Mas'1-eb  and  Servant,  §  11(6. 

Contributory  negligence  of  sei-vant  perform- 
ing duties  outside  of,  see  Ma.ster  and 
Servant,  §  131. 

Servants  working  outside  of.  as  fellow  serv- 
ants, see  Master  and  Servant.  §  140. 

Master's  liability  for  acts  of  servant  out- 
side of,  see  Master  and  Servant,  §§ 
181-184. 

^Yhen  injury  to  servant  arises  out  of  and  in 
the  course  of  his  employment  within 
meaning  of  Workmen's  Compensation 
Act,  see  Wohkmen's  Compensation,  § 
9. 


SCREEN   DOORS. 


See  ScBEENS,  §  2. 


SCREENS. 


§   1.  Generally. 

In    barroom;    ordinance   as   to.      24   L.R.A. 

768. 
As    fixtures.      30   L.R.A.  (X.S.)    1189. 
Effect  of  temporary  screening  of  bar  during 

prohibited     hours.       21     L.R.A.  (X.S.) 

136. 


§   2.   Screen  doors. 

Burglary  by  forcing. 
38  L.R.A.(X.S.) 


17  L.R.A.  (X.S.)  1100; 
770. 


SCREWS. 

Master's  liability  for  injurj'  to  servant  from 
projecting  screws,  see  ^Iaster  and 
Servant,  §  89. 


SCRIVENER. 


Competency  of,  to  testify  to  his  own  or  tes- 
tator's intention.     38  L.R.A.  ( X.S.  i    91. 


SCRUPLES. 

Disqualifying  grand  juror.     28  L.R.A.  202. 

♦♦» 

SCURRILOUS  MATTER. 

Sending  through  the  mail,  see  Postoffice, 
§  11. 


SCURVY. 

Duty  towards   seamen   to    provide   against. 
"28  L.R.A.  555. 


SEA. 

•Jurisdiction  over,  see  Waters,  §  4. 

Title  to  land  under  tidewater.  42  L.R.A. 
16L 

Provision  exempting  carrier  from  liability 
for  accidents  or  damages  of  the  sea, 
transportation,  etc.,  as  extending  to 
loss  caused  bv  negligence.  6  B.  R.  C. 
129. 


Begin  \Dith.  this  'book  on  every  Jaw  question. 


SEAL. 

§    1.  Generally. 

Kffect  of  writ  or  process  issued  without,  see 
Writ  and  Process,  §  4. 

Relief  from  omission  of  seal.  28  L.R.A. 
(X.S.)   839. 

Situs  of  debts  by  specialty.     24  L.R.A.  687. 

Liability  of  heirs  on  specialty  debt  of  an- 
cestor.    21  L.R.A.  90. 

In  assignment  of  lease.     15  L.R.A.  754. 

On  writ  of  venire  for  grand  jury.  27  L.R.A. 
779. 

.\ction  by  third  persons  on  contracts  under! 
25  L.R.A.  273. 

Undelivered  sealed  instrument  as  a  gift. 
21  L.R.A.  694. 

Right  in  action  at  law  to  attack  release 
under  seal  for  fraud.  20  L.RA..(X'.S.) 
915. 

EflFect  of  release  under  seal  of  one  joint 
tort  feasor  on  liability  of  other.  58 
L.R.A.  293;  L.ILA.1918F.  363. 

Xecessity  of,  to  make  agreement  to  con- 
tribute to  cost  of  party  wall  enforceable 
by  or  against  grantees  or  successors  in 
title.     66  L.R.A.  693. 

To  certify  copies  of  records  for  use  in  other 
BtatV.     5  L.R.A. (X.S.)    969. 

EflFect  of  writ  or  process  issued  without  seal 
of  the  court.     20  L.R.A.  424. 

Failure  of  copy  of  writ  or  process  delivered 
to  person  served  to  indicate  that  the 
original  is  sealed.     L.R.A.1917C,  154. 

Personal  liability  of  one  wlio  signs  sealed 
instrument  by  adding  words  indicating 
representative  capacity  to  his  signature. 
41  L.R.A.  (X.S.)   11. 


INDEX  TO  L.R.A.  NOTES. 


1209 


SEAL— cont'd 

Seal  of  Mill  as  a  signing.    L.R.A.1915D,  90C. 

Necessity  of  seal  on  transfer  of  reversion  of 
leased    premises.      L.R.A.lOloC,    198. 

Necessity  for  seal  on  lease  to  enable  trans- 
feree of  reversion  to  sue  on  covenants 
therein.    L.R.A.1915C,  215. 

Effect  of  allixing  corporate  seal  to  contract 
to  estop  public  corporation  to  deny 
validitv  of  contract.  L.R.A.1915A, 
1007. 

Effect  of  seal  on  necessity  of  new  considera- 
tion to  bind  third  person  who  signs  as 
surety,  indorser,  or  guarantor  after 
execution  and  delivery  of  original  con- 
tract bv  principal.  44  L.R.A.  (N.S.) 
481;  L.R.A.1918E,  579, 

§   2.  On  commercial  paper. 

Note  under  seal  as  payment  of  indebtedness. 
35  L.R.A. (N.S.)   109. 

Bond  or  sealed  note  as  subject  of  gift.  26 
L.R.A.  308. 

As  affecting  negotiability.    35  L.R.A.  fi05. 

Personal  liability  of  officers  on  notes  made 
under  seal  of  corporation.  19  L.R.A. 
679. 

Effect  of  reference  to  principal  in  seal  on 
his  liability  on  negotiable  paper  exe- 
cuted by  agent.     21  L.R.A. (N.S.)   1046. 

Power  of  one  partner  to  bind  firm  by  prom- 
issorv  note  or  bill  of  exchange  under 
seal."^  17  L.R.A. (N.S.)  969. 

Effect  of  putting  sealed  note  indorsed  in 
blank  into  another's  possession  to  estop 
owner  as  against  purchaser  in  good 
faith.     29  L.R.A. (N.S.)    257. 


SEAIiS. 

Forfeiture  of  personal  property  used  in 
violation  of  regulations  as  to  catching 
seals.    L.R.A.1916F,  917. 


SEALED   NOTE. 

See  Se.\l,  §  2. 


SEALED  VERDICT. 

Con'ection  of,   see  Trial,   §   85. 


SEAMEN. 

§   1.  Generally. 

Soldiers'  a'lid  seamen's  wills.  4  B.  R.  C. 
899. 

Jurisdiction  and  ])owers  of  consul  with  re- 
spect to.     45  L.R.A.  486,  488,  493. 

Admiraltv  jurisdiction  of  contracts  for  serv- 
ices of.     06  L.R.A.  226. 

Maritime  lien  under  contracts  with.  70 
L.R.A.  377. 

Cousttlt  also  L.R.A.  Digests  of  Cases. 


SEAMEN— cont'd 

Duty   of   obedience   to   master.     24   L.R.A. 

^N.S.)    821. 
Presumption    as    to    time    of    alteration    in 

shipping  articles.    39  L.R.A. (N.S.)  108. 
Riglits    of    seamen   as    salvors.      64    L.R.A. 

193. 
Whose  servants  are  the  crew  of  a  chartered 

vessel.     37  L.R.A.  54. 
Effect    on,    of    imprisonment    of    seaman. 

L.R.A.1917F,  628. 

§   2.  Wages;  compensation. 

Exemption  of  wages  of.     18  L.R.A.  310. 
Assignment  or  mortgage  of  future  earnings 

of.    14  L.R.A.  127. 
Recovery   of    future   wages    after   wrongful 

discharge.     5  L.R.A. (N.S.)   456. 
Maritime  lien  for.     70  L.R.A.  364. 
Admiralty    jurisdiction    of    suit    for    wages 

of.     66  L.R.A.  201. 
Partnership  of,  by  sharing  profits  in  place 

of  other  compensation.    18  L.R.A.  ( N.S. ) 

1031. 
Compensation    in    nature    of    salvage.      64 

L.R.A.  200. 
Effect  of  forfeiture  of  ship  used  in  violation 

of    law    on    liens    of    seamen.      L.R.A. 

1916E,  347. 

8   3.  Injury  to. 

May  substantive  law  of  state  be  invoked  in 
an  action  for  personal  injuries,  not  re- 
sulting in  death,  on  waters  within  the 
maritime  jurisdiction.  L.R.A.1917F, 
678. 

Application  to  seamen  of  workmen's  com- 
pensation acts.  L.R.A.1916A,  103, 
IIL   120;   L.R.A.1918C,  474. 

Applicability  of  Federal  Employer's  Liabil- 
ity Act  to  injuries  to  seamen.  L.R.A. 
1918C,  474. 

Liability  of  owners  of  vessel  for  acts  of 
master   towards   crew.     27  L.R.A.   183. 

As  fellow  servants.     50  L.R.A.  438. 

Wlio  are  fellow  servants  in  ship  crews,  apart 
from  statute,  where  no  questions  as  to 
vice  principalship  arise.  50  L.R.A. 
438. 

Liability  of  shipper  of  goods  to  seamen  and 
stevedore.     46  L.R.A.   104. 

Liability  of  master  for  assault  by  officers 
on,  in  way  of  discipline.  8  L.R.A. (N.S.) 
798. 

Reliance  on  orders  as  affecting  contributory 
negligence  of.     17  L.R.A.  606. 

§  4.  Dnty  toward  slclc  or  injured  sea- 
men. 

Duty  to  furnish  medical  aid  to.  28  L.R.A. 
"549;  4  L.R.A. (N.S.)  49. 

Duty  and  obligation  of  vessel  on  inland 
lake  or  river  in  respect  of  sick  or  in- 
jured member  of  crew.  35  L.R.A. (N.S.) 
199. 


SEARCH   AND   SEIZURE. 

As  to  searcli  of  title,  see  Abstracts. 
Seizure  under  execution  or  attachment,  see 
Levy  and  Seizure. 


1210 


INDEX  TO  L.R.A.  NOTES. 


SEAECH  AND  SEIZURE— cont'd 

Seizure  of  property  as  a  condition  of  an  ac- 
tion for  the  malicious  prosecution  of  a 
civil  action.  L.R.A.1918D,  550. 

Damages  recoverable  for  wrongful  search. 
50  L.R.A.(N.S.)    1151. 

Seizure  and  production  of  papers.  29  L.R.A. 
819. 

To  compel  one  to  furnish  evidence  against 
himself.     29  L.R.A.  818. 

Gambling  device  as  property  within  con- 
stitutional protection  against.  12 
L.R.A.  (N.S.)    394. 

Right  of  officer,  in  executing  criminal  proc- 
ess, to  take  possession  of  evidentiarv 
articles.  18  L.R.A. (N.S.)  253;  L.R.A. 
1916C,  1017. 

Right  to  seize  for  purposes  of  evidence  prop- 
erty of  one  person  under  a  warrant 
of  arrest  against  another.  L.R.A. 
1915E,  399. 

Admissibility  in  evidence  against  defend- 
ant of  documents  or  articles  taken  from 
him.  59  L.R.A.  466;  8  L.R.A. (N.S.) 
762;  34  L.R.A. (N.S.)  58;  L.R.A.1915B, 
834;  L.R.A.1916E,  715. 

Power  to  seize  gambling  devices  in  absence 
of  charge  of  violation  of  laws  against 
gambling.     L.R.A.1915A,   233. 

Search  warrant  without  an  affidavit  or  com- 
plaint.    28  L.R.A. (N.S.)   548. 

To  what  extent  may  premises  be  damaged  in 
executing  search  warrant.  22  L.R.A. 
(N.S.)    819. 

Malicious  prosecution  for  wrongful  search 
of  premises.     39  L.R.A.  (N.S.)   205. 

Right  to  compel  public  employee  to  submit 
to  physical  examination  to  determine 
fitness.     33  L.R.A. (N.S.)   259. 

Constitutionality  of  statute  authorizing 
seizure  of  animals  by  liumane  officers. 
15  L.R.A.(N.S.)   554. 

Trial  of  right  to  property  in  proceedings 
instituted  bv  search  warrant.  46 
L.R.A. (N.S.) '970. 

Liability  of  officer  executing  invalid  search 
warrant.     49  L.R.A.  (N.S.)    770. 


SEASHORE. 


See  Shobe. 


SEAT. 

Eight  of  passenger  to,  see  Carriers,  §  41. 
In  exchange,  see  Exchanges,  §  2. 


SECESSIOX. 


Admissibility  in  evidence  of  copies  of  rec- 
ords of  seceding  states.  5  L.R.A. (N.S.) 
954. 

Right  to  property  of  local  branch  of  benefit 
society  in  event  of  secession  or  at- 
tempted secession.  47  L.R.A.  (N.S.) 
927. 


SECOND  APPEAIi. 

To  Federal  Supreme  Court.    66  L.R.A.  870. 

^~»-^ 

SECONDARY    EVIDENCE. 
See  Evidence,  IV. 

♦  »» 

SECONDARY    LIABILITY. 

Liability  over,  of  person  secondarily  liable, 
see  Indemnity,  §§  2-4. 


SECOND-HAND  GOODS. 

As  to  junk  dealers,  see  Junk. 
License  for  dealing  in,  see  License,  §  31. 
Municipal    regulation    of    dealings    in,    see 
Municipal  Corporations,  §  48. 

Warranty  xipon  sale  of.    L.R.A,1915B,  477. 

Constitutionality  of  statute  making  the  re- 
ceiving of  certain  kinds  of  propertv  a 
criminal  offense.     L.R.A.1917F,  709.' 


SECOND    MARRIAGE. 

Effect  of,  on  right  to  alimony,  see  Divorce 
and  Separation,  §  47. 


SECOND    OFFENSE. 

Increased    punishment    for,    see    Cbimixal 
Law,  §  83. 


SECRECY. 


Voluntariness  of  confession  induced  by 
promise  of.     18  L.R.A. (N.S.)   821. 

Of  ballot  at  primary  election.  22  L.R.A. 
(N.S.)    1145;    L.R.A.1917A,   264. 


SECRET  ADVANTAGE. 

Effect  of  giving  to  one  creditor  on  composi- 
tion with  creditors,  see  Composition 
WITH  Creditors,  §  2. 

Effect  of  secret  advantage  to  one  of  several 
joint  purchasers.   43  L.R.A. (N.S.)  934. 


Begin  tvith  this  'book,  on  every  law  question. 


SECRET  AGREEMENT. 

Secret  agreement  for  reservation  of  surplus 
on  assignment  of  chose  in  action  as 
securitv  as  a  fraud  on  other  creditors. 
36  L.rL\.(N.S.)  372. 


INDEX  TO  L.R.A.  NOTES. 


1211 


SECRETARY. 

Time  for  which  contract  of  employment  may 
be  made  for  corporation  by.  49  L.R.A. 
473. 

Authority  of,  to  contract  for  services  of 
other   persons.     L.R.A.1918F,   59. 


SECRETARY  OF  INTERIOR. 

Conclusiveness  of  the  decisions  or  findings 
of.     L.R.A.1918D,  597. 

Power  of  courts  to  enforce  ministerial  duties 
of.     52  L.R.A.(N.S.)   435. 

Mandamus  against,  to  compel  restoration  to 
oflSce  of  one  who  has  been  illegally  re- 
moved.    19  L.R.A.(N.S.)   52. 

Rules  of,  as  to  cutting  of  timber  on  mineral 
lands.     70  L.R.A.  905. 

Character  and  extent  of  relief  by  mandamus 
against.     7  L.R.A.  (N.S.)    527. 


SECRETARY  OF  NAVY. 

Power  of  courts  to  enforce  ministerial 
duties  of.    52  L.R.A. (N.S.)  436. 

Mandamus  against  to  compel  restoration  to 
oflice  of  one  who  has  been  illegally 
removed.     19  L.R.A. (N.S.)    52. 


SECRETARY    OF    WAR. 

Power  of  court  to  enforce  ministerial  duties 
of.     52  L.R.A.(N.S.)   435,  436. 

Mandamus  against,  to  compel  restoration 
to  office  of  one  who  has  been  illegally 
removed.     19  L.R.A. (N.S.)    52.  . 


SECRETARY  OF  TREASURY. 

Power    of    courts    to    enforce    ministerial 
duties  of.    52  L.R.A. (N.S.)  436,  441. 


SECRETARY   OF  WAR. 

Power    of    courts    to    enforce    ministerial 
duties  of.     52  L.R.A.  (N.S.)    436. 


SECRET   BONUS. 


To  officer  of  director  of  corporation  as  af- 
fecting right  to  enforce  contract  against 
corporation.     7  L.R.A. (N.S.)   467. 

Liability  of  one  party  to  a  contract  or 
transaction  to  the  other  because  of 
bonus  allowed  by  the  former  to  the 
latter's  agent.    49  L.R.A.  ( X.S. )   101. 

Consnlt  also  L.B.A.  Digests  of  Cases. 


SECRET    CRIME. 

Homicide    in    attempting    to    prevent. 
L.R.A.  536. 


67 


SECRET   DEALINGS. 

Of  real  estate  broker  as  afifecting  commis 
sions.     45   L.R.A.   33. 


SECRETION. 


Of  property  as  ground  for  attachment.    30 
L.R.A.  473. 


SECRET  PARTNERSHIP. 

By  agreement  to  share  profits.     18  L.R.A. 

(N.S.)  1082. 


SECRET  PROCESS. 

Restraint  of  trade  in.    22  L.R.A.  674. 

Validity  of  contract  to  control  price  of  re- 
sale of  goods  produced  by  secret  proc- 
ess. 27  L.R.A.(N.S.)  402;  51  L.R.A. 
(N.S.)   522. 


SECRET    PROFITS. 


18 


Liability    of    corporate   promoter    for 
L.R.A.(N.S.)    1110. 

Right  of  principal  to  retain  property  pur- 
chased through  agent  secretly  interest- 
ed therein  and  seek  relief  from  agent. 
34  L.R.A.(N.S.)    1210. 

Duty  of  municipal  officer  to  account  for 
profits  made  in  transaction  with 
municipality.     48  L.R.A.(N.S.)    842. 

Effect  of  secret  advantage  to  one  member 
of  joint  adventure.  50  L.R.A. (N.S.) 
1046. 

Liability  of  one  party  to  a  contract  or 
transaction  to  the  other  because  of  a 
bonus  or  commission  allowed  by  the  for- 
mer to  the  latter's  agent.  49  L.R.A. 
(N.S.)    101. 

Right  of  broker  held  to  account  for  secret 
profit  to  retain  commission.  5  B.  R.  C. 
188. 


SECRET   RETURN. 


Sufficiency  and  effect  of  secret  return  to 
state  bv  defendant  to  start  limitations 
running.    23  L.R.A. (N.S.)  551. 


1212 


INDEX  TO  L.R.A.  NOTES. 


SECRETS. 

Injunction  against  violation  of,  see  Ixjuxc- 

TION,  §  72. 
Secret  process,  see  Secret  Process. 
Secret  profits,  see  Secret  Profits. 

Property  in.     13  L.Pv.A.  652. 

Validity  of  contracts  relating  to.    13  L.R.A. 

652. 
Protection    of    trade    secrets.      12    L.R.A. 

(N.S.)    102;    20  L.R.A.  (N.S.)    933;    44 

L.R.A.(N.S.)   1160. 
Restraint   of  trade    in   secret   process.      22 

L.R.A.  674. 


SECRET    SOCIETIES. 

Forbidding  students'  affiliation  with.  7 
L.R.A.(N.S.)   352;  L.R.A.1915D,  588. 

Right  to  prohibit  wearing  badge  of  society 
by  nonmember.     24  L.R.A.  (N.S.)    795. 

Liability  of  benevolent  or  fraternal  society 
for  injury  to  person  during  initiation 
or  expulsion.  13  L.R.A. (N.S.)  314; 
L.R.A.1917C,  476. 


SECRET    TRUST. 

See  Trust,  §  8. 

♦-•-♦ • 


SECTARIAN  BUILDING. 

Conducting  public  school  in.     L.R.A.1917D, 
462. 


SECTARIAN  INSTITUTIONS. 

Public  aid  to.    14  L.R.A.  418. 

Right  to  recover  back  public  monev  appro- 
priated to.     19  L.R.A. (N.S.)   171. 

Use  of  public  monej'^  for  support  or  educa- 
tion of  children  committed  to  sectarian 
schools.    L.R.A.1918B,  210. 


SECTION. 

Deficiency  in  quantity  of  property  described 
as  a  section  or  fraction  of  a  section  as 
breach  of  a  covenant.  36  L.R.A. (N.S.) 
558. 


SECTION    GANG. 

Work  of,  as  connected  "with  iis^e  and  opera- 
tion" of  railroad  witliin  meaning  of 
fellow-servant  statute.  6  L.R.A.  (N.S.) 
452. 

Members  of,  as  fellow  servants.  52  L.R.A. 
(N.S.)   IIOL 


SECULAR   BUSINESS. 

Effect  of  use  of  property  of  diaritable,  edu- 
cational or  religious  institution  in  secu- 
lar business  on  right  to  exemption  from 
taxation,  see  'Iaxes,  §  26. 


SECURITIES. 


Power  and  duty  of  public  authorities  to 
control  the  issuance  of  securities  by 
public  service  corporations.  45  L.R.A. 
(N.S.)  629. 

Constitutionality  of  Blue  Sky  Laws. 
L.R.A.1917F,  524. 


SECURITY. 


SECTION  FOREMAN. 

As  fellow  servant  of  members  of  crew  with 
respect  to  operation  of  hand  car.  20 
L.R.A.  (N.S.)  434. 

Begin  tcith  this  book  on  every  law  question. 


On  appeal,  see  Appeal  and  Error,  §§  16, 
17,  46. 

As  to  bonds,  see  Bonds.  -■ — 

For  costs,  see  Costs  and  Fees,  §  5. 

Loss  of  lien  by  giving,  see  Liens,  §  20. 

Collateral  security,  see  Pledge  and  Col- 
lateral Security. 

Specific  performance  of  contract  to  give,  see 
Specific  Performance,  §  7. 

Statements  as  to,  as  a  fraud.  35  L.R.A. 
424. 

Specific  performance  of  contract  to  give. 
6  L.R.A.(N.S.)    585. 

Right  to  require  legatee  of  life  interest  in 
money  or  its  equivalent  to  give  security 
for  benefit  of  remaindermen.  23  L.R.A. 
(N.S.)    716. 

Waiver  of  attorney's  lien  bv  taking.  2 
B.  R.  C.  58. 

Permitting  conveyance  to  attorney  of  sub- 
ject-matter of  litigation  or  retainer  to 
stand  as  security  for  his  advances  and 
fees.     23  L.R.A.*(X.S.)    689. 

Right  of  public  service  corporation  to  exact 
security  of  consumer.  31  L.R.A. (N.S.) 
319. 


SEDITION. 


Libel  or  slander  by  imputing  sedition  or  dis- 
loyalty.    L.R.A.1917D.  S61. 

Exclusion  of  seditious  r.iatter  from  the 
mails  under  the  Ef^rjionage  Act. 
L.R.A. 19] 8C,   89. 


INDEX  TO  L.R.A.  NOTES. 


12K 


SEDUCTION. 

J.  In  general,  §  1. 
II.  Civil  liability,  §§  2-5. 
III.  Criminal   liability,    §§ 

I.  In  general. 


6,    7. 


§   1,  Generally. 

Presumption  and  burden  of  proof  as  to 
chastity,  see  Evidence,  §  25. 

Rigiit  of  action  for,  as  asset  in  bankruptcy. 
43  L.R.A.(N.S.)    942. 

Assault  to  prevent  seduction  of  wife  in  fu- 
ture.    18  L.R.A.(N.S.)    688. 

Eight  to  avoid  marriage  entered  into  to 
escape  prosecution  for  seduction,  upon 
ground  of  duress.    16  L.R.A.(N.S.)  938. 

Admissibility  of  declarations  of  parents  or 
putative  parents  as  to  paternity  or  ma- 
ternity of  child.    6  B.  R.  C.  858. 

//.  Civil   liability. 

§   2.  Generally. 

Measure  of  damages  for,  see  Damages, 
§  50a. 

Judgment  in  action  for  seduction  as  bar  to 
action  for  breach  of  promise.  L.R.A. 
1918A,  366. 

Seduction  of  divorced  woman  or  widow. 
21  L.R.A.  (N.S.)  265;  L.R.A.1916D,  458. 

Effect  of  fact  that  intercourse  was  accom- 
plished bv  force  to  defeat  action  for  se- 
duction. *18  L.R.A. (N.S.)   587. 

Promise  of  marriage  conditioned  on  preg- 
nancy.   51  L.R.A.(N.S.)  809. 

§   3.  Who  may  sue  for. 

Who  is  real  partv  in  interest  by  whom  ac- 
tion must  be  brought.     64  L.R.A.  622. 

Right  to  maintain  action  for  seduction  of 
fiancee.     50  L.R.A.  (N.S.)    142. 

Evidence  of  plaintiff's  character  in  action 
for.    14  L.R.A.(N.S.)   752. 

§   4.  — parent  of  female. 

Right  of  one  in   loco  parentis  to  maintain 

action  for  .seduction  of  an  illegitimate. 

.35  L.R.A. (N.S.)  1062. 
Evidence  of  character  of  parent  or  child  in 

parent's   action   for.      14   L.R.A. (N.S.) 

750. 

§  5.  lioss  of  service  as  element  in  ac- 
tion by  father. 

General  rules.     14  L.R.A.  700. 

Law  as  administered  in  England.    14  L.R.A. 

700. 
American   rule   of  constructive  service.     14 

L.R.A.  701. 
Actual  service.     14  L.R.A.  702. 
Relinquishment    of    right    to    service.      14  ! 

L.R.A.   702. 
Necessity    that    relation    exist    at    time    of 

seduction.    14  L.R.A.  703. 
Where  child  is  of  full  age.     14  L.R.A.  704. 
What    impairment   of   serving   power   must 

be  shown.    14  L.R.A.  705. 
Construction  of  statutes.     14  L.R.A.  707. 
Consult  also  L.R.A.  Digests  of  Cases. 


SEDUCTION,  II.— cont'd 
Action  for  seduction  independently  of  loss 
of  services.     L.R.A.1917E,  758. 

III.  Criminal  liability. 

§   6.  Generally. 

Former  jeopardy  in  case  of.  L.R.A.1915A, 
256. 

Effect  of  defendant's  mistake  as  to  age  of 
girl.    25  L.R.A.  (N.S.)  661. 

Criminal  liability  of  children  for.  36 
L.R.A.  208. 

Evidence  of  other  crimes  in  prosecution  for. 
62  L.R.A.  329. 

Evidence  of  specific  instances  to  prove  char- 
acter for  chastity  in  prosecution  for. 
14  L.R.A.(N.S.)  727;  L.R.A.1916B, 
967. 

Right  of  one  to  testify  as  to  his  intent. 
23   L.R.A. (N.S.)    39L 

Impeachment  of  character  of  prosecutrix 
for  chastity  by  proof  of  prior  acts  of 
intercourse  with  defendant.  30  L.R.A. 
(N.S.)  173; 

Competency  of  wife  as  witness  in  prosecu- 
tion of  husband  for  her  seduction  prior 
to  marriage.      45   L.R.A.(N.S.)    396. 

Letters  identified  only  by  prosecutrix  as 
corroboration  of  her  testimony  to  prove 
seduction.    49  L.R.A. (N.S.)  1198. 

Necessity  and  sufficiency  of  description  of 
offense  in  bail  bond  or  recognizance.  38 
L.R.A. (N.S.)   313. 

Promise  of  marriage  conditioned  on  preg- 
nancy.   51  L.R.A.(N.S.)  809. 

§    7.  Offer  of  marriage  as  defense. 

In  general.     29  L.R.A.  (N.S.)    421. 
Statutes    specifically    relating    to    offer    of 

marriage    as    defense.      29    L.R.A. 

(N.S.)  422. 


SEED   GRAIN. 


Validity  of  statute  providing  for  supply  of, 
by  government.     7  L.R.A. (N.S.)    il96. 


SEEDING  TIME, 


Injunction  to  prevent  interference  with  land 
during.     L.R.A.1918B,  413. 


SEEDS. 

Warranty  on  sale  of,  see  Sale,  §  36. 
See    also    Seed    Grain. 

Liabilitv    of    vendor    of    seeds.      37    L.R.A. 
(N:S.)  79. 


SEEPAGE. 

See  Waters,  §  71. 


1214 


INDEX  TO  L.E.A.  NOTES. 


SEGREGATION. 

As  to  race  segregation,  see  Race  Segbega- 

XION. 


SEISIN. 

Covenant  of,  see  Covenants,  §§   8,  9,  26, 

27. 

EflFect  on  easement  of  unity  of  seisin  of 
dominant  and  servient  estate.  1  B.  R. 
0.  477. 


SEIZURE. 


Of  property  in  custody  of  law,  see  Custody 

OF  Law,  §§  2,  3. 
Of   intoxicating  liquors,   see  Intoxicating 

Liquors,  §  34. 
See  also  Levy  and  Seizube;  Seabch  and 

Seizube. 


SELECTION. 


Of  exempt  property,  see  Exemptions,  §  2a. 

Of  jury,  see  Jury,  III. 

Master's  duty  as  to  selection  of  servants, 

see  Master  Ayo  Servant,  §§  104-106. 
Of  officers,  see  Officers,  II. 
Of  goods  sold  out  of  larger  lot,  see  Sale, 

§  13. 

Of  child's  right  in  parent's  homestead.     56 

L.R.A.  48. 
Validity  of  provision   in  carrier's  contract 

imposing    responsibilitv    for    selecting 

cars  on  shipper.     36  l!^R.A.  (N.S.)   412; 
Sufficiency   of  description   in   land   contract 

which  gives  right  to  select  particular 

tract  to  be  conveyed.    34  L.R.A. (N.S.) 

147. 
Of  beneficiaries  of  charity  by  trustees.     14 

L.R.A.{N.S.)     130;     37     L.R.A.  (N.S.) 

1017. 


♦-•-♦ 

SELECTIVE  SERVICE  ACT. 

See  Compulsory  Military  Sebvioe. 
♦-•-♦ 

SELECT    SCHOOLS. 

Use  of  public  school  building  for.    31  L.R.A. 
(N.S.)   592. 

«-•-♦ ■ 


SELF-CRIMINATION. 

See  Criminal  Law,  §§  49-53. 

♦-•-♦ ■ 

SELF-DEFENSE. 


SELF-DEFENSE— cont'd 

Presumption  and  burden  of  proof  as  to  self- 
defense  or  justification  in  a  civil  ac- 
tion for  intentional  killing  of  another. 
L.R.A.1918A,   359. 


SELF-EXECUTING  PROVISIONS. 

In  constitution,  see  Constitutional  Law, 
§  6. 

Self-executing  provisions  in  insurance  poli- 
cies forbidding  use  of  intoxicating  li- 
quor.    15  L.R.A.(N.S.)   211. 

♦  •» 


SELF-GOVERNMENT. 

See  Constitutional  Law,  §  21. 

*-»-^ 

SELF-INCRIMINATION, 

See  Criminal  Law,  §§  49-53. 

♦*-♦ 

SELF-INFLICTED    INJURIES. 

As   accident   within    insurance   policy.     30 
L.R.A.  207. 


SELLING  PRICE. 


False  statement  as  to  selling  price  of  prop- 
erty. 35  L.R.A.(N.S.)  175;  L.R.A. 
1916F,  782. 


SENATOR. 


United  States  senator,  see  United  Stated 
Senators. 


SENATORIAL    DISTRICTS. 

Effect  of  ordinance  of  3787  upon  apportion- 
ment of  state  into  senatorial  and  as- 
sembly districts.     52  L.R.A. (N.S.)   311. 


SENILE   DEMENTIA. 

As    affecting   testamentarv   capacitv.        27 
L.R.A.(N.S.)   89;  L.R^.A.igioA,' 462. 


SENILITY. 


In  general,  see  Assault,  §  4a;  Homicide, 

§§  27-30. 
Begin  icitJi  this  hooTc  on  every  law  question. 


As  defense  to  prosecution  for  rape  or  as- 
sault with  intent  to  commit  rape. 
L.R.A.1915B,  131. 


INDEX  TO  L.R.A.  NOTES. 


1216 


SENIOR. 

Effect  of  use   of  term   in  connection   with 
name.     14  L.R.A.  691. 


SENTENCE. 

For  crime,  see  Criminal  Law,  VI. 

■ — ♦-•-♦ 

SENTIMENTAIi  VALUE. 

As  measure  of  damages  for  loss  of  conver- 
sion of  or  injury  to  household  goods  or 
wearing  apparel.     L.R.A.1917D,  505. 


♦  •» 


SEPARABLE  CONTROVERSY. 

Removal  of,  see  Removal  of  Causes,  §  9. 

♦-•-♦ 

SEPARATE  COACH  LAW. 

See  Cabkiers,  §  43. 

■ *-—*■ • 

SEPARATE  COMPART3IENT. 

On  train,  see  Carriers,  §  43. 


SEPARATE  ESTATE. 

Of  married  woman,  see  Husband  and  Wife, 
§§  33-37. 


SEPARATE  3IAINTENANCE. 

See  Divorce  .and  Separation. 


SEPARATE   PROPERTY. 

See  Husband  and  Wife,  §§  33-37. 


SEPARATE  SCHOOLS. 

For  colored  children,  see  Schools,  §  7. 


SEPARATE   TRIALS. 

Constitutionality  of  provision  for  separate 
trial  of  different  issues  in  same  case. 
40  L.R.A.  (X.S.)   138. 

Consult  also  L.R.A.  Digests  of  Cases. 


SEPARATION. 

Of  passengers,  see  Carriers,  §  43. 

Of    jury    in    criminal    case,    see    Criminal 

Law,  §  37. 
Between  husband  and  wife,  see  Divorce  and 

Separation. 
Of  jury,  see  Trial,  §  73. 
Of  riparian  riglits  from  upland,  see  Waters, 

§  36. 


SEPTICAEMIA. 

See  Insurance,  §  160. 


SEQUESTRATION. 


Effect  upon  surety  on  sequestration  bond  of 

judgment  against  principal.     40  L.R.A. 

(N.S.)    745;   L.R.A.1918E,  821. 
Of  provision   in  will   renounced   by   widow. 

18  L.R.A.(N.S.)   275;  L.R.A.1918B,  65. 
Filing  bond  to  secure  release  of  property  as 

an  appearance.,   L.R.A. 1910F,  537. 


SERIAL  PUBLICATION. 

Sale  of,  effect  of  discontinuance  of  series. 
45  L.R.A. (N.S.)    203. 


SERVICE. 


Injunction  against  discontinuance  of,  by  cor- 
poration, see  Injunction,  §  35. 

Of  notice,  generally,  see  Notice,.  §§  8,  9. 

Of  notice  in  proceedings  to  revive  judgment, 
see  Judgment,  §  80. 

Of  pleading,  see  Pleadings,  §§9,  10. 

By  mail,  see  Postoffice,  §  5. 

Of  process,  see  Writ  and  Process,  II. 

What  constitutes  personal  service  of  papers. 
16  L.R.A.  200. 

Of  citation  from  Federal  Supreme  Court. 
66  L.R.A.  843. 

Of  writ  of  error  from  Federal  Supreme 
Court.     66  L.R.A.  840. 

Of  order  for  payment  of  alimony  as  pre- 
requisite to  contempt  proceedings  for 
nonpayment.     24   L.R.A.   436. 

Right  of  public  service  corporation  to  dis- 
continue service  after  tender  of  amount 
due.    L.R.A.1917C,  376. 


^•» 


SERVICE  MAINS. 

See  Pipes  and  Pipe  Lines. 
#>» 
SERVICES. 

See  Work  and  Labor. 


32](J 


INDEX  TO  L.R.A.  NOTES. 


SERVITUDE. 

In  land,  see  Easements. 
Additional  servitude  on  highway,  see  Emi- 
nent Domain,  V. 

Restraint  of  freedom  of  child  as  creating 
involuntary  servitude.  18  L.R.A. (N.S.) 
893. 


SET  HAMMER. 


Master's  liability  for  injury  by  defects  in. 
51  L.R.A.  (N.S.)  338. 


SET-OFF  AND    COUNTERCIiAIM. 

/.  In  general,  §§  1-3. 
II.  Of  and  against  tvhat  demutuls,   §§ 
4-21. 
a.  In  general,   §§   4-9. 
h.  Equitable  set-o/fs,  §§  10-12. 

c.  Recoupment,   §   13. 

d.  Of      or      against      assigned 

claims,  §§  14,  13. 

e.  Effect  of  insolvency,   §§   16- 

21. 
III.  After    judgment;     of     or     against 
judgment,  §§  22-24. 


I.  In  general. 


§    1.  Generally. 

Effect  of  assignment  for  creditors  on  right 
of  set-ofT,  see  Assignment  for  Credit- 
ors, §  9. 

In  action  on  note,  see  Bills  and  Notes, 
§  68. 

Right  to,  in  action  to  enforce  liability  of 
stockholders,  see  Corporations. 

Effect  of  counterclaim  in  amount  in  excess 
of  jurisdiction,  see  Courts.  §  28. 

Against  distributive  share  of  decedent's 
estate,    see    Executors    and    ADfMiNis- 

TRATORS,  §  49. 

Based  on  fraud,  see  Fraud  and  Deceit, 
§  41. 

In  action  to  enforce  local  improvement  as- 
sessment, see  Public  Improvements, 
§  29. 

In  replevin  suit,  see  Replevin,  §  16. 

In  action  by  state,  see  States,  §  9. 

Effect  of  tender  by  defendant  upon  his 
right  to  avail  himself  of  defenses  or 
counterclaim.     21  L.R.A. (N.S.)   354. 

Right  of  plaintiff'  to  take  a  nonsuit  where 
defendant  has  interposed  a  counterclaim 
entitling  him  to  affirmative  relief  and 
the  right  to  such  dismissal  is  not  de- 
fined or  denied  by  statute.  15  L.R.A. 
(N.S.)    340. 

Right  to  open  default  judgment  to  let  in 
defense  of.     L.R.A.i916r,  858. 

Right  of  receiver  to  take  property  from 
possession  of  one  claiming  set-off.  47 
L.R.A.(N.S.)    753. 

§   2.  Injunction   in  aid  of. 

Injunction  against  judgment,  see  infra,  §  24. 

Begin  with  this  hooTc  on  every  laiv  question. 


SET-OFF     AND     COUNTERCLAIM,     I.— 

cont'd 
Injunction  in  aid  of,  against  negotiation  of 

note.     28  L.R.A.  578. 
Injunction    against    sale    under    power     in 

mortgage  in  order  to  let  in  set-off.     35 

L.R.A. (N.S.)   909. 
As  ground   of   injunction   against  tax.     22 

L.R.A.  709. 

§   3.  Effect  of. 

Set-off  for  debts  as  affecting  taxation.  22 
L.R.A.  477. 

Counterclaim  as  affecting  amount  involved 
for  purpose  of  appellate  jurisdiction. 
L.R.A.1918F,  837. 

Effect  of  counterclaim  in  amount  in  excess 
of   jurisdiction.     37   L.R.A. (N.S.)    60G. 

Effect  of  interposing  counterclaim  or  set-oft' 
which  would  in  itself  be  a  proper  sub- 
ject for  compulsory  reference  where  tlie 
cause  of  action  declared  upon  bv  plain- 
tiff would  not.    25  L.R.A.  (N.S.)'  264. 

Effect  of  setting  up  defects  in  articles  pur- 
chased, as  a  counterclaim  in  an  action 
on  one  of  a  series  of  notes  given  for,  or 
for  an  instalment  of,  the  purchase  price, 
upon  the  right  to  set  up  a  like  counter- 
claim in  subsequent  actions.  10  L.R.A. 
(N.S.)    734. 

//.  Of  and  against  tchat  demands. 


a.  In   general. 


§   4.  Generally. 

Setting  off  benefits  in  eminent  domain  pro- 
ceedings, see  Damages,  §  93. 

Of  claim  against  decedent's  estate,  see  Ex- 
ecutors AND  Administrators,  §  38. 

Against  distributive  sliare  of  decedent's 
estate,  see  Executors  and  Adminis- 
trators, §  49. 

Mitigation  of  damages  for  wrongful  attach- 
ment by  offsetting  the  indebtedness  or 
judgment  in  favor  of  the  plaintiff  in  at- 
tachment on  his  subsequent  seizure  and 
sale  of  the  attached  property.  L.R.A. 
1918B,  801. 

Right  of  borrower  when  sued  for  sum 
loaned  to  set  off  amoiuit  of  usurious  in- 
terest  paid.      L.R.A.1918B,   593. 

Set  offs  against  weekly  payments  provided 
bv  workmen's  compensation  acts.  L.R.A. 
191GA,  174. 

Set-off  and  counterclaim  against  an  exempt 
claim.  19  L.R.A.  33;  42  L.R.A. (N.S.) 
575. 

For  defective  work  in  action  for  local  as- 
sessment.   56  L.R.A.  922. 

Oft'sets  and  counterclaims  in  action  by  in- 
fant for  services.    15  L.R.A.  213. 

In  garnishment  of  executor.    47  L.R.A.  363. 

Right  of  set-off,  counterclaim,  or  recoup- 
ment in  action  bv  state.  33  L.R.A. 
(N.S.)    376. 

Indebtedness  of  heir  to  estate  as  counter- 
claim or  set-off  against  distrilnitive 
share  in  proceeds  of  real  estate.  4 
L.R.A.  (N.S.)   189. 


INDEX  TO  L.R.A.  NOTES. 


1217 


SET  OFF  AND  COUNTERCLAIM,  II.  a— 

cont'd 

Kight  of  one  employing  minor  witlioiit  par- 
ent's consent  to  allowance  for  expen- 
ditures for  necessaries.  9  L.R.A.  (N.S. ) 
411. 

Claim  based  on  wrongful  discharge  of  serv- 
ant as  a  set-off  in  action  by  servant  for 
wrongful  discharge.  6  L.R.A. (N.S.) 
118. 

Offset  against  damages  for  suffering  from 
miscarriage,  of  suffering  which  would 
have  resulted  from  natural  parturi- 
tion.    17  L.R.A. (N.S.)    598. 

Riglit  to  set  up  by  cross  bill  inequitable 
conduct  of  plaintiff  in  respect  of  sub- 
ject-matter not  involved  in  the  original 
bill.     13  L.R.A. (N.S.)    408. 

Necessity  that  counterclaim,  when  based  on 
a  contract  arising  out  of  an  independ- 
ent transaction,  be  such  as  to  qualify 
or  defeat  the  plaintiff's  claim.  12 
L.R.A.  (N.S.)   126. 

Federal  courts  following  state  decisions  as 
to  construction  of  statutes  as  to.  40 
L.R.A. (N.S.)    453. 

Constitutionality  of  retroactive  statute  cre- 
ating a  right  of  set-off  on  account  of 
past  acts  or  transactions.  52  L.R.A, 
934. 

§   5.  Unliquidated   claims. 

Set-off  or  recoupment  of  unliquidated  claims 
in  garnishment.     59   L.R.A.   389. 

§   6.  Mutuality  of  claims. 

Availability  of  set-off  to  surety,  see  Prix- 
ciPAL  AND  Surety,  §  26. 

Right  of  set-off  where  third  person  gives 
note  for  goods  sold.  35  L.R.A.  (N.S.) 
49. 

Right  of  one  in  reality,  but  not  nominally, 
liable,  to  set  off  indebtedness  against 
claimant.    18  L.R.A. (N.S.)  512. 

Right  of  defendant  in  action  by  undisclosed 
principal  to  avail  himself  of  set-off 
against  agent.  28  L.R.A. (N.S.)  229; 
L.R.A.1916A,   1214. 

Right  of  stirety  or  principal  to  interpose  an 
independent  cause  of  action  in  favor  ol 
the  latter  against  the  plaintiff  as  a  de- 
fense or  counterclaim.  18  L.R.A. (N.S.) 
600. 

Right  of  surety  or  principal  to  avail  him- 
self of  claim  of  latter  against  plaintiff 
as  defense  or  counterclaim.  43  L.R.A. 
.(X.S.)    977. 

Right  of  one  garnished  in  respect  of  prop- 
erty wrongfully  tal<en  from  debtor  to 
set  off  his  own  claim  against  latter. 
30  L.R.A. (N.S.)    1185. 


§   7.  Insurance  cases. 

Set-off   in   case   of   bankruptcy.     55   L.R.A. 

49.  66,   72. 
On   settlement   of   claims   against  insolvent 

insurance  company.     38  L.R.A.  105. 
In  case  of  assessments  against  members  of 

mutual    fire    insurance    company.      32 

L.R.A.  504. 
Consult  also  L.R.A.  Digests  of  Cases,    77 


SET-OFF  AND  COUNTERCLAIM,  II.  a— 
cont'd 

Riglit  of,  as  affected  by  fact  tliat  insurance 
broker  is  agent  for  insured.  38  L.R.A. 
(N.S.)    641. 

Does  existence  of  indebtedness  from  insurer 
to  insured  in  an  amount  sufficient  to 
pay  premium  or  assessment  prevent  for- 
feiture of  policy  for  nonpavment  of 
premium.  23*  L.R.A.  (N.S.)  304; 
L.R.A.1918D,  1014. 

§   8.  Claims  by  or  against  banks. 

In   case    of   insolvency   of   bank,   see    infra, 

§  19a. 
In  case  of  insolvency  of  depositor,  see  infra, 

§19b. 

Right  to  set  off  illegal  interest  paid  to  na- 
tional bank.     56  L.R.A.  696. 

Right  to  set  off  judgment  for  penalty 
against  national  bank  taking  usurious 
interest.     56  L.R.A.  700. 

Right  to  set  off  claim  for  twice  amount  of 
interest  paid  to  national  bank.  56 
L.R.A.  700. 

Acceptance  of  depositor's  check  by  bank  for 
obligation  due  it,  as  affecting  bank's 
right  to  set  off  obligation  against  de- 
posit.    L.R.A.1916A,  685. 

§   8a.  — unmatured  claims. 

Right  of  bank  to  set  off  unmatured  claim 
against  deposit  of  debtor.  27  L.R.A. 
(N.S.)    811;   46  L.R.A. (N.S.)    1059. 

§   9.  On  mortgage  foreclossure. 

Generally.    21  L.R.A.  321. 

Estates.'  21  L.R.A.  322. 

Usury.    21  L.R.A.  323. 

Coexisting  demands.     21   L.R.A.   323. 

Rents,  waste,  and  iniury.    21  L.R.A.  324. 

Fraud.     21  L.R.A.  324.' 

Breach  of  covenants;  title  and  encum- 
brances.   21  L.R.A.  324. 

Contract  for  credits.     21  L.R.A.  326. 

Special  grounds  for  equitable  interference, 
as  insolvency,  etc.    21  L.R.A.  326. 

Privity  as  to  paVties.     21  L.R.A.  326. 

Practice.     21  L.R.A.  327. 

Sufficiency  of  evidence.    21  L.R.A.  327. 


h.  Equitable   set-offs. 

§10.  Generally. 

Nonresidence  as  ground  of.  30  L.R.A. 
(N.S.)  21. 

Nonresidence  as  ground  of  equitable  set- 
off. 30  L.R.A. (N.S.)  21;  L.R.A.1918B, 
425. 

As  ground  for  injunction  against  judgment. 
31  L.R.A.  768. 

Injunction  against  enforcement  of  judgment 
as  aid  to  equitable  set-off  of  claim 
against  judgment  creditor.  35  L.R.A. 
(N.S.)    142. 

Right  of  surety  or  principal  to  avail  him- 
self in  equity  of  claim  of  latter 
against  plaintiff  as  a  defense  or  count- 
erclaim.    43  L.R.A. (N.S.)   979. 


1218 


INDEX  TO  L.R.A.  NOTES. 


SET-OFF  AND  COUNTERCLAIM,  II.  b— 

cont'd 
§    11^  In  case  of  assignment. 

Equities  wliicli  will  justify  set-off  against 
assignee  of  commercial  paper.  23 
L.R.A.  330. 

Of  debtor's  demand  against  assignor  as 
against  assigned  claim.     23  L.R.A.  309. 

Equitable  set-offs  as  against  holder  of  ne- 
gotiable paper  transferred  after  ma- 
turity.    46  L.R,A.  796. 

Right  of  surety  or  indorser  to  equitable  set- 
off of  obligation  as  against  assignee  of 
a  debt  due  from  him  to  the  principal. 
46  L.R.A.  (N.S.)    65. 

§    12.  In  case  of  insolvency. 

Insolvency  as  special  ground  for  set-off  in 
equity  on  mortgage  foreclosure.  21 
L.R.A.  326. 

Insolvency  as  an  equity  in  case  of  set-off 
against  judgment  in  hands  of  assignee. 
23  L.R.A.  338. 

insolvency  as  entitling  surety  to  equitable 
set-off  of  obligation  as  against  assignee 
of  a  debt  due  from  him  to  principal. 
46   L.R.A. (N.S.)    65. 

Equities  connected  with  assigned  contract  in 
hands  of  receiver  or  assignee  for  credit- 
ors.    23  L.R.A.  320. 

c.  Recoupment. 

§   13.  Generally. 

In  action  by  state,  see  State,  §  9. 

Of  unliquidated  claims  in  garnishment.  59 
L.R.A.  389. 

Master's  right  of  recoupment  for  damages 
caused  bv  servant's  death  or  disability. 
28  L.R.A*. (N.S.)   326. 

Right  in  replevin  to  recoup  damages  grow- 
ing out  of  same  transaction.  24  L.R.A. 
(N.S.)    748. 

Right  of  tenant  to  counterclaim  damages  to 
his  property  bv  water  in  action  by 
landlord  for  rent.  L.R.A.1917B,  234, 
246. 

d.  Of  or  against  assigned  claims. 

§    14.  Generally. 

Equitable  set-off,  see  supra,  §  11. 
In  case  of  insolvency,  see  infra,  §§  20,  21. 
Judgments,  see  infra,  §  23. 
In    case    of    bankruptcy,    see    Bankbuptcy, 
§  30. 

Set-off,  against  assigned  claim,  of  debtor's 
demand      against      assignor.        23 
L.R.A.   305. 
Set-off  against  assignee  of  commercial   pa- 
per, of  claim  against  assignor.    23 
L.R.A.   32.5. 
When  is  an  assignment  by  a  stockholder  of 
a  claim  against  a  corporation  subject 
to  the  right  to  set  off  the  stockholder's 
liability  against  such  claim.     10  L.R.A. 
(N.S.)""  472. 
Right  of  surety  of  indorser  to  offset  obli- 
gation   lis    against    assignee    of    a 
...   i       debt  due  from   him  to  the  princi- 
pal.    46  L.R.A. (N.S.)    62. 
Begin  tvitli  this  hooTc  on  eveiy  law  question. 


SET-OFF  AND  COUNTERCLAIM,  II.  d— 

cont'd 
§    14a.  Claims     arising     out     of   .same 
transaction  or  connected  with  same 
subject  mattei-. 
When     may     claim    upon     which     counter- 
claim  is  based  be  deemed  to   iiave 
arisen  out  of  the  contract  or  trans- 
action upon  which  plaintiff's  claim 
is  founded,  or  to  be  connected  witii 
the    subject    of    plaintiff's    action. 
L.R.A. 1916C,  445. 

§  14b.  Counterclaims  in  tort  in  ac- 
tions on  contract. 

General  rule.     L.K.A.1916C,  497. 

When  claim  may  be  deemed  to  have  arisen 

out    of    the    contract    sued    upon. 

L.R.A.1916C,  498. 
"Arising  out  of."     L.R.A.1916C,  504. 
"Transaction."     L.11.A.191GC,  504. 
When  claim  may  be  deemed  to  have  arisen 

out  of  the  transaction    sued   upon. 

L.R.A.1910C,   504. 
"Connected  witii."     J..R.A.1916C,  509. 
"Subject  of  the  action."     L.R.A.1916C,  509. 
\Mien  claim  may  be  deemed  to  be  connected 

with    the    subject     of     the     action. 

L.R.A.1916C,  510. 
Indiana  cases.     L.R.A.1916C,  512. 
Texas  cases.     L.R.A. 19160,  513. 
English  and  Canadian  cases.     L.R.A. 1916C» 
514. 

§  15.  Paper  transferred  after  ma- 
turity. 

Against  holder  of  negotiable  paper  trans- 
ferred after  maturity,     46  L.R.A.  790. 

Right  to  set  off  against  transferee  of  ne- 
gotiable paper  after  maturity,  claim 
against  original  pavee.  23  L.R.A.  326;^ 
39   L.R.A. (N.S.)    658. 

e.  Effect  of  insolvency. 

§    16.  Generally. 

Equitable  set-off,  see  supra,   §   12. 
In   bankruptcy   cases,   see   Baxkruptcy,    §§ 
26-30. 

On  settlement  of  claims  of  insolvent  insur- 
ance company.     38  L.R.A.   105. 

Right  of  creditor,  who  is  also  a  stockholder 
of  an  insolvent  corporation,  to  offset 
against  his  statutory  liability  debt  due 
from  corporation  or  debt  paid  another 
creditor.     41   L.R.A. (N.S.)    989,  998. 

Right  of  stockholder  after  insolvency  to  set 
off  debt  due  him  from  corporation 
against  his  liability  on  unpaid  stock- 
subscription.    L.R.A^1918E,  243. 

Right  of  surety  or  person  secondarily  liable 
to  set  off  his  individual  claim  against 
insolvent  creditor  where  the  principal 
is  solvent.     50  L.R.A.  (N.S.)    167. 

§    17.  Contingent  claims. 

Set-off  in  case  of  bankruptcy.  55  L.R.A. 
•      57. 

Right  to  set-off  against  claims  in  hands 
of  receiver  or  assignee  for  creditors. 
23   L.R.A.    319. 

Right  to  set-off  against  assignee  of  com- 
mercial paper.     23  L.R.A.  330. 


INDEX  TO  L.R.A.  NQTES. 


1219 


SET-OFF  AND  COUNTERCLAIM,  II.  e— 
cont'd 

§  18.  Of  insolvent's  obligation  on 
claim  in  hands  of  liis  receiver,  or 
assignee  or  trustee  for  creditors. 

Assignees  for  creditors.     23  L.R.A.  313. 

Receiver.      23    L.R.A.    313. 

Claims  purchased  after  insolvency.     21 
L.R.A.  280. 

Limitation  upon  the  rule.     23  L.R.A.  314. 

Claims   not  due.     23  L.R.A.  315. 

Set-off  between  corporation  and  stockholder. 
23   L.R.A.    316. 

The  effect  of  the  doctrine  of  mutual  credits. 
23  L.R.A.  317. 

The   English   rule.     23   L.R.A.   318. 

Claims  not  owned.     23  L.R.A.  319. 

Special  circumstances  which  will  defeat 
right.     23  L.R.A.  319. 

Contingent  claims.     23  L.R.A.  319. 

Commercial  paper.     23  L.R.A.  319. 

Equities  connected  with  the  assigned  con- 
tract.    23  L.R.A.  320. 

Cliaracter  of  demands  which  may  be  set-off. 
23    L.R.A.    320. 

Effect   of   agreement,     23   L.R.A.   320. 

§  19.  Effect  of  immaturity  of  claim 
at  time   insolvency  occurs. 

In  case  of  bankruptcy,  see  Bankruptcy, 
§  29. 

Where  the  immature  debt  is  owing  to  the 

insolvent.     17  L.R.A.  456. 
Where  the  debt  is  owing  by  the  insolvent. 

17  L.R.A.  458. 
Unmatured     against    matured     claim.       25 

L.R.A.  (N.S.)    393. 
Under  bankruptcy  law  of  1898  and  amend- 
ments.    25   L.R.A. (N.S.)    396. 
Matured     against     unmatured     claim.      25 

L.R.A.(N.S.)  396. 
Right  to  set  off  insolvent's  obligations  on 
claims  not  due  in  hands  of  his  receiver 
or  assignee  or  trustee  for  creditors.  23 
L.R.A.  315. 
Bank's  right  to  set-off  unmatured  claim 
against  deposit  account  of  its  insolvent 
debtor.  15  L.R.A.  710;  27  L.R.A. (N.S.) 
811;    46   L.R.A.(N.S.)    1059. 

§    19a.  By  or  against  insolvent  bank. 

By  or  against  insolvent  bank.  17  L.R.A. 
456. 

Depositor's  right  of  set-off  when  bank  be- 
comes bankrupt.  55  L.R.A.  48,  52,  62, 
70. 

Riglit  to  set  off  against  insolvent  bank 
claims  purchased  after  insolvency.  21 
L.R.A.  282. 

§  19b.  Set-olf  in  case  of  Insolvency  of 
depositor. 

Bank's  right  of  set-off  when  depositor  be- 
comes bankrupt.  55  L.R.A.  48,  53,  59, 
63,  70. 

Right  of  bank  to  set  off  unmatured  claim 
against  deposit  account  of  its  insolvent 
debtor.  15  L.R.A.  710;  27  L.R.A: (N.S.) 
811;  46  L.R.A.(N.S.)   10.59. 

Consult  also  L.R.A.  Digests  of  Ca^es. 


SET-OFF  AND  COUNTERCLAIM,  II.  e— 
cont'd 

Right  of  bank  to  set  off  its  own  claim 
against  a  deposit  which  by  an  agree- 
ment invalid  as  against  the  trustee  in 
bankruptcy  it  had  undertaken  to  hold 
as  a  fund  for  creditors.  28  L.R.A. 
(N.S.)   484. 

Set-off  by  bank  against  bankrupt's  deposit 
as  a  preference  within  the  bankruptcy 
law.     20  L.R.A. (N.S.)    863. 

Acceptance  of  depositor's  check  by  bank  for 
obligation  due  it  as  affecting  bank's 
riglit  to  set  off  obligation  against  de- 
positor in  case  of  insolvency.  L.R.A. 
1916A,  685. 

§   20.  Assigned  claims. 

In  case  of  bankruptcv,  see  Bankbuptct, 
§  30. 

Effect  of  insolvency  on  right  of  surety  or 
indorser  to  offset  obligation  as  against 
assignee  of  a  debt  due  from  liim  to 
principal.      46    L.R.A. (N.S.)     64. 

Set-off  against  assignee  of  commercial  pa- 
per, of  contingent  claim  against  as- 
signor.    23  L.R.A.  330. 

Insolvency  as  an  equity  for  set-off  against 
judgment  in  hands  of  assignee.  23 
L.R.A.   338. 

§  21.  — claims  purchasetl  after  the  in- 
solvency. 

Bankruptcy  statutes.     21  L.R.A.  280., 
Insolvency.     21  L.R.A.  281. 
Receivership.     21  L.R.A.  281. 
Assignment  for  creditors.     21  L.R.A.  281. 
Claims   against  banks,     21   L.R.A.   282. 
Bank  bills.     21  L.R.A.  282. 
Decedents'  estates.     21  L.R.A.  282, 


III.  After  judgment;  of  or  against 
judgment, 

§   22.  Right   of    set-off. 

Right  to  set  off  judgment  for  penalty 
against  national  bank  taking  usurious 
interest.     56  L.R.A.  700. 

Right  of,  by  judgment  debtor  against  judg- 
ment creditor  as  affecting  fraudulent 
grantee  of  former.     67  L.R.A.  598. 

Right  to  set  off  one  judgment  against  an- 
other whicli  is  exempt  or  is  based  on 
a  wrongful  taking  of  exempt  property, 
16  L,R.A.(N.S.)  494;  42  L.R.A.(N.S.) 
577, 

§   23,  — assigned    judgment. 

Set-off  against  judgment  in  hands  of  asr 
signee.  23  L.R.A.  335;  L.R.A.1917F, 
1010, 

§   24.  As   ground   for   Injunction. 

As  ground  for  injunction  against  judgment 
in  garnishment.    30  L.R.A.  363. 

As  ground  of  injunction  against  judgment 
when  it  existed  before  its  rendition. 
31    L.R.A.   763.    , 

Arising  after  judgment  as  ground  of  in- 
junction.     30   L.R.A.   569. 


1220 


SET-OFF  AND  COUNTERCLAIM,  III.— 
cont'd 

Injunction  against  enforcement  of  judgment 
as  aid  to  equitable  set-off  of  claim 
against  judgment  creditor.  35 
L.R.A.(N.S.)    142. 


INDEX  TO  L.R.A.  NOTES. 

SEVEN   YEARS'    ABSENCE. 


SET  SCREWS. 


Master's  liability  for  injury  to  servant  by, 
see  Master  axd  Servant,  §  89. 

Liability    for    injury    to    servant    by.      48 

L.R.A.  96. 
Doctrine  of  "attractive  nuisance"  as  applied 

to  injury  from.     19  L.R.A.(N.S.)   1130. 


SETTING  APART. 


Of  child's  right  in  parent's  homestead. 
L.R.A.  48. 


56 


SETTING  ASIDE. 


Of  judgment,  see  Judgment,  §§  87-97. 

Of  judicial  sale,  see  Judicial  Sale,  §  17. 

Of  verdict,  see  New  Trial. 

Of  release,  see  Release,  §§  6,  7. 

Of  probate,  see  Wills,  §  55. 


SETTLED  ACCOUNT. 

See  Accounts,  §  2. 


SETTLED  LAND  ACT. 

See  Life  Tenants. 


SETTLEMENT. 


By    way    of    compromise,    see    Compbomise 

and  Settlement. 
Of  guardian's  accounts,  see  Guabdl^n  and 

Ward,  §  10a. 
Between    husband   and   wife,   see  Husband 

AND  Wife,  §§  55-61. 
Of  poor  persons,  see  Poor  and  Poor  Laws, 

§   3. 

On  public  lands  for  cutting  of  timber.     70 

L.R.A.  878. 
Rights  of  adopted  child  under.     17  L.R.A. 

438. 
Marriage  settlements  under  rule  in  Shelley's 

Case.     29  L.R.A.  (N.S.)   1143. 
Relief  from  mistake  of  law  as  to  eflfect  of 

settlement.     28  L.R.A. (N.S.)    822. 
Power  to  revoke  or  set  aside.    15  L.R.A.  75. 
Begin  ivith  this  hooTc  on  every  laxv  question. 


Presumption  of  death  from,  see  Evidence, 
§  30. 


SEVERABILITY. 


Of  contracts,  see  Contracts,  §  62. 
Of  provisions  of  insurance  policy,  see  Iw- 
SUBANCE,   §§   61,   62. 


SEVERAL    OFFENSES. 

Right  to  convict  for  several  offenses  grow- 
ing out  of  same  facts.  31  L.R.A. (N.S.) 
693. 


SEVERANCE. 


Creation  of  easement  by  severance  of  tract 
of  land  with  apparent  benefit  existing 
see  Easements,  §  12. 


SEWAGE. 

Muncipal  liability  for  injury  by,  see  Mu» 
NiciPAL  Corporations,  §§  86-89. 

Pollution  of  stream  by,  see  Municipal  Cob- 
POBATIONS,   §   89. 


SEWER  CONNECTION. 

See  Drains  and  Sewers,  §  5. 


SEWERS. 

In  general,  see  Drains  and  Sewebs. 


SEX. 

Who  may  raise  objection  that  statute  con- 
tains unconstitutional  discrimination 
based  on  sex.     32  L.R.A. (N.S.)    960. 


♦  •» 


SEXTON. 

Right  of  woman  to  be.     38  L.R.A.  211. 

»  •» 

SEXUAL  CRI3IES. 

Measure  of  damages  for,  see  Damages,  §§ 
50-50b,  99. 

Competency  of  husband  and  wife  as  witness- 
es, see  Witnesses,  §§  17-21. 


INDEX  TO  L.R.A.  NOTES. 


1221 


SEXUAL  CRIMES— cont'd 
See  also  Adulteey;    Disorde^blt  Houses; 
FoBNicATiox;       Incest;       Lewdness; 

PeOSTITUTION ;    RAPE;   SEDUCTION;   SEX- 
UAL Intercourse;    Sodomy. 

Solicitation  to.     2.5  L.R.A.  438. 

Right  to  convict  for  several  offenses  grow- 
ing out  of  same  facts.  31  L.R.A. (N.S.) 
693. 

Conviction  or  acquittal  of  a  sexual  offense 
as  a  bar  to  a  prosecution  for  a  similar 
offense  Avith  or  against  the  same  person 
at  a  different  time.     L.R.A.1917D,  731. 

Does  statute  fixing  age  of  consent  render 
girl  below-  that  age  incapable  of.  27 
L.R.A.(X.S.)   872. 

Defendant's  mistake  as  to  age  of  girl  as 
affecting  guilt  under  statute  denoun- 
cing sexual  offenses  against  females  be- 
low specified  age.  25  L.R.A. (N.S.) 
661. 

May  defendant  charged  with  sexual  of- 
fense against  female  of  previous  chaste 
character  impeach  her  character  for 
chastity  by  reason  of  his  own  inter- 
course with  her  prior  to  the  acts 
charged.     30  L.R.A. (N.S.)    173. 

Evidence  of  other  crimes  in  prosecution  for 
committing.  62  L.R.A.  228,  281,  314, 
322;  329;  48  L.R.A.  (N.S.)   236. 

Evidence  of  specific  instances  to  prove  char- 
acter for  chastity  of  victim  of  sexual 
crime.  14  L.R.A. (N.S.)  714;  L.R.A. 
19I6B,   965. 

Former  jeopardy  in  ease  of.  L.R.A.1915A, 
256. 

Acquittal  of  one  of  the  parties  to,  as  a  bar 
to  prosecution  of  the  other.  49  L.R.A. 
(N.S.)    479. 

Right  of  court  to  exclude  public  from  court 
room  on  prosecution  for.  44  L.R.A. 
(N.S.)  583;  L.R.A.1918C,  1168. 

Presumptions  and  burden  of  proof  as  to 
chastity  where  it  is  an  ingredient  of 
the  ofi'ense  or  a  condition  of  conviction. 
43  L.R.A. (N.S.)    476. 

Age  of  alleged  accomplice  in  sexual  offense 
as  affecting  necessity  of  corroboration 
of  testimony.     L.R.A.1915E,   1222. 

Illicit  cohabitation  as  a  criminal  offense. 
L.R.A.1916C,  653." 


SEXUAIi    IMMORALITY. 

Actionability  of  words  charging,  see  Libkl 
AND  Slandeb,  §  12. 


SEXUAL  INTERCOURSE. 

See  also  Aduxteby;  Fornication;  Illicit 
coharitation ;  incest;  lascrviotjs 
Cohabitation  ;  Lewdness  ;  Prostitu- 
tion; Race;  Seduction;  Sexual 
Crimes;  Sodomy. 

Consult  also  L.R.A.  Digests  of  Cases. 


SEXUAL  INTERGOURSE--cont'd 
Extent  of  trespasser's  liability  for  entering 
premises   for   purposes    of.      53   L.R.A. 
633. 
Evidence   of    specific    instances    of,    to    im- 
peach witness.     14  L.R.A.(N.S.)  697. 


SEXUAL  OFFENSES. 

See  Sexual  Crimes. 

♦•» 

SEXUAL   RELATION. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  14. 


SHADE   TREES. 


Measure  of  damages  for  injury  to,  see  Dam- 
ages, §  75. 

Liability  for  injuring  or  destroying.  11 
L.R.A.(N.S.)  930;  28  L.R.A.  (N.S.) 
757. 


SHADOWING. 


Liability     for     "shadowing"     person.       43 

L.R.A. (N.S.)    520. 
Liability  of  detective  agency  for  wrongful 

shadowing  of  a  person  by  its  employees. 

L.R.A.1918D,  575. 


SHAFTS. 

Elevator  shafts,  see  Elevators. 

Contributory    negligence    of    child    falling 
down  shaft.     L.R.A.1917F,  105,  199. 


SHAKERS. 


Public  policy  as  related  to  communistic 
life  or  tenure  of  property  by.  8  L.R.A. 
(N.S.)  910. 


SHALLOW  WATER. 

As    defect    in    dock    or   wharf.      61    L.R.A. 
949. 


SHAM. 

Competency  of  parol  evidence  to  show  that 
a  writing  was  not  intended  to  create  le- 
gal relations,  but  was  executed  as  a 
sham.     L.R.A.1917B,  263. 


1222 


IXDEX  TO  L.RA.  NOTES. 


SHAM  MARRIAGE. 

Intercourse     secured     through,     as     rape. 
L.R.A.191GF,  796. 


SHARES. 

Of  corporate  stock,  see  Cobpobatioxs,  VTII. 

Lew  on  crops   held  on   shares.     23  L.R.A. 

'260. 
Sale  or  mortgage  of  future  crops  raised  on 

shares.      23   L.R.A.   468;    L,R.A.1917C, 

8. 


SHEDS. 

Right  to  use  railroad  right  of  way  for  coal 
sheds.     36  L.R.A.  (X.S.)    516' 

Municipal  liability  for  injury  by  shed  over- 
hanging  stree't.     20  L.R.A.(N.S.)    645. 


SHEEP. 

Right  to  kill  sheep-killing  dogs.     15  L.R.A. 

251;      19     L.R.A.  (X.S.)      837;     L.R.A. 

1915C,  361. 
Constitutionality  of  tax  on  dogs  for  benefit 

of  sheep  owners.     17  L.R.A. (X.S.)   855. 


SHEET  MUSIC. 


Perforated  rolls  and  \rax  cylinders  as  in- 
fringements of  copyright  of  sheet  music. 
2  B.  R.  C.  91. 


SHELL. 

Right  to  protection  against  use  of  riyal 
design,  shell  or  pattern  not  protected 
by  patent.  19  L.R.A.(N.S.)  269;  37 
L.R.A.(X.S.)   259. 


SHELLEY'S  CASE. 


Rule  in,  see  Deeds,  §  30;  Wnxs,  §  82. 


SHELL  FISHERY. 


See  FiSHEBiES,  §  5. 


SHELTER. 


Innkeeper's    duty    as    to,    see    Inxkeepebs, 

§  12. 
Begin  ivitJi  this  hooJc  on  eveiry  law  question 


SHELVING. 

As  fixture.     43  L.R.A. (X.S.)   675. 
■ -*-»~^ • 

SHERIFFS. 

§    1.  Generally. 

Bond  of,  see  Bonds,  §§  12-15. 
Deputy  sheriff,  see  Deputies,  §  2. 

Applicability  to  sheriffs  of  Workmen's  Com- 
pensation Acts.      L.R.A.1918F.   191. 

Sheriffs  as  public  officers.     17   L.R.A.  245. 

Right  of  woman  to  be.     38  L.R.A.  211. 

Place  at  which  official  acts  of,  may  be  per- 
formed.    33   L.R.A.  92. 

Right  to  attach  or  garnish  fund  in  hands 
of.  after  direction  to  pay  same  to  party. 
30  L.R.A.(X.S.)   720. 

Effect  of  misrepresentation  by,  to  purchas- 
ers  on   judicial   sale.      18    L.R.A.    88. 

Right  of  receiver  to  take  property  from 
possession  of.     47  L.R.A. (X.S. )'  752. 

Right  to  garnish  or  attach  proceeds  of  exe- 
cution sale  in  the  hands  of  the  sheriff. 
43  L.R.A. (X.S.)   573. 

Liability  of  carrier  for  compelling  sheriff 
in  cliarge  of  negro  prisoner  to  ride  in 
car  for  colored  persons.  L.R.A.1916E, 
280. 

§   2.  Rights  and  powers. 

Power  to  grant  immunity  to  a  witness. 
L.R.A.1918A,   376. 

Right  of  sheriff  to  make  bids  on  sales  con- 
ducted by  them.    20  L.R.A.  503. 

Right  of  former  sheriff  to  maintain  action 
in  respect  of  a  sale  made  by  him  while 
in  office.     29  L.R.A.(X.S.)  "792. 

Riglit  of  sheriff  to  appoint  nonresident 
deputy.     L.R.A.1916B,  900. 

Right  to  break  and  enter  dwelling  to  serve 
civil  writ  of  process.    L.R.A. 1916D,  281 

§   3.  Duties  and  liabilities. 

Liability  on  bond,  see  Bonds,  §§  12-15. 
Duty  and   liability  of  sheriff  making  levy, 
see  Levy  and  Seizube,   §   12. 

Mandamus  to  compel  sheriff  to  enforce 
liquor  law.    28  L.R.A. (X.S.)  246. 

Duty  as  to  adverse  claims  in  proceeds  of 
judgments  in  his  hands.  47  L.R.A. 
737. 

Duty  of  sheriff  to  pursue  property  which 
escapes  from  his  custody.  32  L.R.A. 
(X.S.)    132. 

Relief  of  purchaser  by  action  against  sher- 
iff upon  annulling  judicial  or  execu- 
tion sale.  69  L.RA..  58. 

Liability  of  officer  who  uses  criminal  proc- 
ess to  collect  a  debt.  24  L.R.A.(X.S.) 
301, 

Liability  of  sheriff  executing  invalid  search 
warrant.     49   L.R.A.(X.S.)    770. 

Liability  for  making  arrest.  42  L.R.A. 
(X!S.)   09:  L.R.A.1915B,  505. 

For  deputy's  tort  in  making  arrest.  12 
L.R.A.'(X.S.)    1019;    L.R.A.1915E,   172. 

Liability  of  sheriff  for  shooting  a  person 
while  attempting  to  arrest  him.  51 
L.R.A.  (X.S.)    1179. 


INDEX  TO  L.R.A.  NOTES. 


]223 


SHERIFFS— cont'd 

Civil  liability  of  sheriff  for  injury  inflicted 
bv  prisoner  in  his  custody  upon  an- 
other prisoner.     L.R.A.1918C,  1163. 

Burden  of  proof  in  action  against,  for  fail- 
ure to  execute  process.  3  L.R.A.  (N.S.) 
420. 


SHERMAN    ANTI-TRUST    ACT. 

See  also  Moxopoly  and  Combinations,  II. 

Diversion  of  trade  by  labor  union  from  one 
with  whom  it  is  in  controversy,  as  vio- 
lating Sherman  act.     1  B.  E.  C.  281. 


SHIFTING   DESCENTS. 

As  affecting  descent  to  kindred  of  the  half- 
blood.    29  L.R.A.  567. 


SHIP   BROKERS. 


Admiralty    jurisdiction    over    contracts    of. 
66    L.R.A.   236. 


SHIP  BUILDING  YARD. 

\Yhat    is,    within    meaning    of    workmen's 
compensation  act.     L.R.A.1916A,  202. 


SHIPMENT. 

Of  freight,  see  Cabriers,  IV. 


SHIPPING. 


T.  In  general,  §§  1-5. 
II.  Regulations,    §§    6,    7. 
III.  Duty  and  liability  of  vessel  or  own- 
ers,  §§  8-16. 
IT.  Charter  jmrttf;  loading  and  unload- 
ing, §§  17-19. 
V.  Limited  liability,  §§  20,  21, 

I.  In  general, 

§    1.  Generally. 

Admiralty,  see  Admiralty. 
General  average,  see  Average. 
Collision,  see  Colmsiox. 
Embargo,  see  Embargo. 
Maritime  lien,  see  Maritime  Lien. 
Pilots,  see  Pilots. 
Salvage,  see  Salvage. 
Seamen,  see  Seamen. 

Transportation  between  points  in  same 
state  over  a  route  part  of  which  is  in 
another  state  as  interstate  commerce. 
L.R.A.1918A,  808. 

Consult  also  L.R.A.  Digests  of  Cases. 


SHIPPING,  I.— cont'd 

Effect  of  Avar  on  contract  of  affreiglitment 
witli  alien  enemies.     L.R.A.IOITC,  667. 

Dutv  of  steamer  to  avoid  imperiling  small 
'boat  by  swells.     7  L.R.A. (N.S.)   920. 

What  constitutes  deliverv  of  freight  to 
carrier  by  water.    32  L.R.A. (N.S.)  322. 

Private  action  for  violation  of  laws  and 
rules  of  water  carriage.  9  L.R.A. (N.S.) 
374. 

Will  action  in  rem  lie  against  proceeds  of 
private  sale  of  property  against  wliich 
such  an  action  would  lie.  2  B.  R.  C. 
68. 

Effect  of  deviation  upon  rights  and  liabili- 
ties of  carriers.     2  B.  R.  C.  587. 

Sufficiency  of  general  allegations  of  negli- 
gence in  management  of  vessels.  59 
L.R.A.  274. 

Imputing  negligence  of  steamboat  to  pas- 
senger.    8  L.R.A. (N.S.)   022. 

§  2.  Jurisdiction  and  powers  of  con- 
sul. 

With  respect  to  disabled  vessels.     45  L.R.A. 

495. 
With  respect  to  deserting  seamen.  45  L.R.A. 

486. 
As    to    controversies    between    seamen    and 

masters  of  foreign  vessels.     45   L.R.A. 

488. 
With  respect  to  discharge  of  seamen  abroad. 

45  L.R.A.  493. 
Power    of    consul   to    retain    ship's    papers'. 

45   L.R.A.   500. 

§   3.  Loss   or   destruction   of  cargo. 

General  average  in  case  of,  see  Average. 

Provision  relieving  carrier  of  goods  from 
liability  as  extending  to  loss  caused  by 
negligence.     6  B.  R.  C.  124. 

Duty  to  hasten  shipment  or  take  otlier  pre- 
cautions to  prevent  loss  threatened 
without  anv  antecedent  fault  on  the 
carrier's  part.    39  L.R.A. (N.S.)  640. 

Vessel  striking  submerged  object  as  act  of 
God.     L.R.A.1915C,  423. 

§   4.  Ships,  generally. 

Specific  performance  of  contract  for  sale  of. 
L.R.A.1918E,  621. 

Jurisdiction  over  ships  at  sea.  46  L.R.A. 
264. 

Jurisdiction  and  determination  of  suits  fot 
adjustment  of  rights  between  part 
owners  of  ship.     L.R.A.1917A,   1108. 

Effect  of  war  between  countries  of  owners 
of  vessel  to  terminate  their  relation- 
ship.    L.R.A.1917C,   671. 

Effect  of  bankruptcy  or  insolvency  proceed- 
ings on  ship  on  high  seas.  23  L.R.A. 
46. 

Ownership   of  derelict.      18   L.R.A.   695. 

Creation  of  partnership  by  provision  for 
taking  profits  as  compensation  for  use 
of   ships.      18   L.R.A. (N.S.)    1045. 

What  articles  will  pass  as  appurtenances 
on  sale  of.     8  L.R.A. (N.S.)   793. 

Right  of  mortgagee  of  ship  as  to  freight. 
4  B.  R.  C.  538. 

Right  of  mortgagee  of  ship  to  take  posses- 
sion.   4  B.  R.  C.  529. 


1224 


INDEX  TO  L.R.A.  NOTES. 


SHIPPING,  I.— cont'd 

Rights  of  lien  holders  as  to  captured  prop- 
erty.    5  B.  E.  C.  3002. 

Forfeiture  of  rights  or  interests  of  innocent 
persons  in  ships  and  cargoes  used  in 
violation  of  law.     L.R.A.1916E,  346. 

§   5.  Taxation. 

Where  ships  taxable.  37  L.R.A.  518;  29 
L.E.A.(X.S.)    105. 

Situs  of  water  craft  for  purposes  of  taxa- 
tion.   69  L.R.A.  447. 

Local  license  tax  on  vessels  licensed  by  the 
United  States.     27  L.R.A.  414. 

What  is  home  port  of  vessel  for  purpose  of 
taxation.     2  L.R.A.  (N.S.)   197,  1196. 

Taxation  of  receipts  of  steamship  compa- 
nies.    57   L.R.A.  64.. 

II.  Begulations. 

§   6.  Generally. 

As  to  limited  liability,  see  infra,   §  20. 

Regulation  of  steam  vessels.    2  L.R.A.  380.* 
Inspection   of  vessels.     2  L.R.A.   380.* 
Examination    of    applicants    for    license   as 

master,   etc.      2    L.R.A.   380.* 
Quarantine  of  ships.    26  L.R.A.  484. 

§   7.  For   protection   of  passengers. 

Suit   to   recover    penalty    for    overcrowding 

steamers.     4  L.R.A'.  125.* 
'Provisions   against   carrving  excess  of  pas- 
sengers.     2    L.R.A.' 381.* 

Prohibition  of  petroleum  on  passenger  ves- 
sels.    2  L.R.A.  382.* 


III. 


Duty  and  liahility  of  vessel  or 
owners. 


§   8.  Generally. 

Liability  of  vessel  for  compulsory  pilot  fees, 
see  Pilot,  §  2. 

Presumption  and  burden  of  proof  as  to  car- 
rier's negligence  in  case  of  exception  in 
contract  as  to  perils  of  navisjation. 
L.R.A. 1915D,  665. 

Effect  of  deviation  upon  rights  and  liabili- 
ties of  carriers.    3  B.  R.  C.  285. 

Liability  for  injuries  caused  by  attempted 
exercise  of  right  of  navigation.  64 
L.R.A.  977. 

Homicide  resulting  from  negligent  naviga- 
tion or  management  of  vessels.  61 
L.R.A.   283. 

Liability  for  injury  to  wharf  by  vessel  at- 
tached thereto  during  a  storm.  27 
L.R.A.(N.S.)    312. 

Liability  of  vessel  or  owner  for  compulsory 
pilotage  fees.     39  L.R.A.  177. 

Liability  of  owner  for  cost  of  removing  ves- 
sel sunk  in  harbor.  3  L.R.A.(N.S.) 
1120. 

Liability  for  failure  to  forward  bonded  mer- 
chandise.     4   L.R.A.(N.S.)    1060. 

§   9.  To  passengers. 

Duty  of  steamship  company  to  passengers 

as   to   condition    of   decks.      33   L.R.A. 

(N.S.)   532. 
Begin  ivith  this  book  on  every  law  question. 


SHIPPING,  III.— cont'd 

Liability  of  steamship  company  for  loss  of 
hand  baggage  or  other  effects  in  the 
custody  or  control  of  passenger.  L.R.A. 
1915B"  613. 

Liability  of  steamship  for  malicious  acts 
of  servants  towards  passengers.  4 
L.R.A.(N.S.)   494. 

Liability  for  failure  to  supply  berth.  5 
L.R.A.  (N.S.)    1012;  L.R.A.1915B,  1202. 

Duty  of  carrier  to  passenger  on  boat  char- 
tered to  third  person  for  excursion  or 
similar  purpose.  15  L.R.A. (N.S.)  425; 
52  L.R.A. (N.S.)    260. 

Duty  of  vessel  to  return  to  wharf  to  per- 
mit visitor  to  depart.  10  L.R.A. (N.S.) 
969. 

§   10.  To  employees. 

Duty  to  provide  medical  aid  for  seamen.  4 
L.R.A.(N.S.)    68. 

Implied  power  of  officer  of  ship  to  employ 
physician  to  attend  injured  employee. 
.34  L.R.A.(N.S.)    355. 

Liability  of  owner  to  servants  of  other  per- 
sons working  thereon.     46  L.R.A.  73. 

§11.  — who  are  fellow  servants. 

Servants  working  on  or  about  ship  as  fel- 
low servants.     50  L.R.A.  460. 

Servants  engaged  in  building  or  equipping 
ship  as  fellow  servants.    50  L.R.A.  437. 

§    11a.  — who  are  vice  principals. 

Officers  of  ships  as  vice  principals.  51 
L.R.A.    555. 

Foreman  of  gangs  loading  or  unloading 
ships  as  vice  principal.    51  L.R.A.  533. 

Subordinate  officers  of  ships  as  vice  princi- 
pals.     51    L.R.A.    537. 

Commanding  officers  of  ships  as  vice  prin- 
cipals.    51  L.R.A.  539,  582. 

Supervising  employees  concerned  with  load- 
ing of  vessels  as  vice  principals.  51 
L.R.A.  582.       . 

§   12.  For  acts  of  master  of  vessel. 

Owners'  liability  for  acts  of  master  of  vessel 
towards  persons  having  no  claim 
on  owners  by  reason  of  contract, 
incipient  or  perfected.  27  L.R.A. 
182. 

§   13.  For  acts  of  employees. 

Liability  for  acts  of  servants  in  making  out 
false  bill  of  lading.    27  L.R.A.  172. 

Master's  liability  for  injury  done  by  serv- 
ant to  third  person  in  use  of  water 
craft  placed  in  his  custody.  10  L.R.A. 
(N.S.)   389. 

Liability  of  steamship  company  for  mali- 
cious acts  of  employees  towards  passen- 
gers.    4   L.R.A. (N.S.)    494. 

§    14.  For   acts  of  vice  principal. 

Master's  liability  for  vice  principal's  negli- 
gence in  navigating  ships.  54  L.R.A. 
133. 

Master's  liability  for  vice  principal's  negli- 
gence in  handling  ships  in  dc?ks.  54 
L.R.A.   133. 


INDEX  TO  L.R.A.  NOTES. 


1225 


SHIPPING,  III.— cont'd 
S3    15.  For    acts    of    independent    con- 
tractors. 

Employer's  nonliability  for  independent  con- 
tractor's management  of  vessel.  65 
L.R.A,  644. 

Employer's  nonliability  for  acts  of  independ- 
ent contractor  in  loading  or  unloading 
of  ships.     65  L.ll.A.  644,  654. 

Employer's  liability  for  work  of  independ- 
ent contractor  which  is  dangerous  to 
owners  of  vessels  navigating  rivers.  65 
L.R.A.  855. 

§  16.  — who  are  independent  contrac- 
tors. 

Persons  engaged  in  construction  and  re- 
pair of  ships  as.     65  L.R.A.  470. 

Persons  engaged  in  unloading  ships  as.  65 
L.R.A.  494. 

IV.  Charter  party;  loading  and  tin- 
loading. 

§    17.  Charter  party. 

Effect  of  breaking  out  of  war  between  coun- 
tries of  parties  to  charter  party. 
L.R.A.1917C,  667. 

Effect  upon  character  of  sum  agreed  upon 
for  breach  as  penalty  or  liquidated 
damages  of  single  or  multiple  stipu- 
lations in  contract.     L.R.A.1915E,  380. 

Right  to  rescind  or  abandon  charter  party. 
30  L.R.A.  37. 

Admiralty  jurisdiction  of.  66  L.R.A,  200, 
223."^ 

Loss  of  profits  as  element  of  damages  for 
breach  of  charter  or  rental  of  vessels. 
53   L.R.A.    105. 

Validity  of  agreement  to  pay  commission 
for  obtaining  charter  for  steamship 
from  United  States.  3  L.R.A.(N.S.) 
747. 

§   18.  — provision  as  to  demurrage. 

Demurrage  generally,  see  Cabbiees,  §  141. 

Effect  and  construction  of  express  provision 
in  charter  party  against  demurrage  in 
case   of  strike.     5   L.R.A,{N.S.)    126. 

§    19.  Loading  and   unloading  vessels. 

Effect  of  strikes  on  unloading.  35  L.R.A. 
630. 

Employer's  nonliability  for  acts  of  inde- 
pendent contractor  in  loading  or  un- 
loading ship.    65  L.R.A.  644,  654. 

Persons  engaged  in  unloading  ships  as  in- 
dependent contractors.     65  L.R.A.  470. 

F.  Limited    liahility. 

§   20.  Generally. 

Law  covering  limitation  of  liability.    L.R.A. 

1916B.  042. 
Applicability    to    government    of    statutes 

limiting  liability  of  shipowners.   L.R.A. 

1917C,  1110. 
Lack   of   knowledge   or   privity   on   part  of 

owner  as   a  condition  of  limitation   of 

liability  under  act  of  1884.     22  L.R.A. 

(X.S.)'  769. 
Consult  also  L.R.A.  Digests  of  Cases. 


SHIPPING  ARTICLES. 

Presumption   as   to   time   of   alteration    in. 
39  L.R.A.  (N.S.)   108. 


SHIPPING  FACILITIES. 

Right  to  compensation  for  interference  with. 
52  L.R.A. (N.S.)   192. 


SHIPPING   RECEIPTS. 

To  whom  delivery  mav  be  made  under.    38 
L.R.A.  362. 


SHIPPING  REGISTER. 

Admissibility  of,   as  proof  of   partnership. 
20  L.R.A.  699. 


-♦-»♦- 


SHIPS. 

See  Shipping,  §  4;  Vessexs. 
#•» 


SHIP'S  HUSBAND. 

Right  of,  to  maritime  lien  for  advances.  70 
L.R.A.  416. 


^•» 


SHIP'S   PAPERS, 

Power  of  consul  to  retain.     45  L.R.A.  500. 
♦-•-♦ 


SHIPWRECK. 


See  Wrecks. 


SHOOTING. 

Negligence  in.     14  L.R.A.  675. 

As  an   assault.     14   L.R.A.  226. 

Master's  liability  for  wrongful  shooting  by 

employee.     27  L.R.A.  197,  201. 
Locality    of   crime   committed   by   shooting 

across  state  boundary.     28  L.R.A.  59. 
Assault  with   intent   to  murder   or  kill  by 

shooting  into  crowd.     37  L.R.A.  (N.S.) 

173. 


SHOOTING    GALLERY. 

Liability  of  person  maintaining,  for  safety 
of  patrons.  1  L.R.A.  (N.S.)  427:  3 
L.R.A.  (N.S.)    1132;    L.RA.1915F,    690. 


1226 


INDEX  TO  L.K.A.  NOTES. 


SHOPKEEPER. 


See  Storekeepeb. 


SHOPS. 

Requirement  of  license  for.     24  L.R.A.  585. 
Application    to    employees    in,    of    statutes 

abrogating     fellow-servant     rule.       47 

L.R.A.  (X.S.)    117,  119. 
What   passes    under   devise   or   bequest  of. 

L.R.A.1917D,  43.5. 


SHORE. 

Relative  rights  of  public  and  individuals  in, 
see  Waters,  §§  12-17. 

What  is.     45  L.R.A.  242. 

Liability  for  removal  of  lateral  or  subja- 
cent support  of  shoi'c  property.  68 
L.R.A.   682. 

Riparian  owner's  right  to  protect  from  en- 
croachment of  water.  6  L.R.A.  (N.S.) 
162. 

Right  of  way  on.     4  L.R.A.  (N.S.)   872. 

Right  of  public  to  bathe  on.  8  L.R.A. 
(N.S.)   1047. 

Effect  of  bounding  land  by  '"seashore." 
4  B.  R.  C.  745. 


SHORE   LANDS. 


Of  municipality,   see  Municipal   Corpora- 
tions, §  71. 

Law  of  accretions  to.     58  L.R.A.  193. 


SHORE   LINE. 


Does  public  easement  in  street  terminating 
at  shore  line  follow  recession  of  shore 
line.     22  L.R.A. (N.S.)    593. 


SHORTHAND. 


Instruction   in,  as   a   necessarv   for  an  in- 
fant.    42  L.R.A.(N.S.)   1115. 


SHORTHAND  NOTES. 


Impeachment  of  enrolled  bill  by.     40  L.R.A. 

(N.S.)   32. 
Right  of  jurv  to  have  reporter's  shorthand 

notes   read   to  them.     21   L.R.A.(N.S.) 

931. 
Begin  ^cith  this  hooh:  on  every  law  question 


SHOW. 

In  general,  see  Amusejients. 

Carrier's  liability  for  preventing,  by  breach 
of  contract  of  carriage.  49  L.R.A. 
(N.S.)   491. 


SHOWCASES. 


As  fixtures.     43  L.R.A. (N.S.)   675. 
On  sidewalk,  as  a  nuisance;  municipal  pow- 
er over.     39  L.R.A.  661. 


SHOWERS. 


Appointment  and  duties  of  showers  in  tak- 
ing view.     42  L.R.A.  376. 


SHRUBBERY. 


Measure  of  damages  for  injury  to  or  de- 
struction of.  11  L.R.A.(N.S.)  930:  28 
L.R.A.  (N.S.)  757;  37  L.R.A.  (N.S.) 
1115. 

Right  to  shrubs  growing  in  highwav.  33 
L.R.A.(N.S.)    1053. 


SHUN  PIKE. 


Establishemnt  of,  as   invasion  of  franchise 
of  toll  road.    L.R.A.1917D,  341. 


SHUTTING  OFF  SUPPLY. 

Of  gas,  see  Gas,  §  6. 

Of  water,  see  Waters,  §  115. 


SICKNESS. 


§   1.  Generally. 

As  excuse  for  nonperformance  of  contract, 
see  Contracts,  §  325. 

Allowance  for  mental  anguish  from  failure 
to  deliver  telegram  announcing,  see 
Damages,  §  103. 

As  ground  for  injunction  against  judgment, 
see  Injunction,  §  54. 

Care  due  toward  sick  person,  see  Negli- 
gence, §  12. 

Sick  persons,  see  Sick  Persons. 

As  act  of  God.     4  L.R.A. (N.S.)    898. 
Effect  to  relieve  from  contract.     14  L.R.A. 

217. 
As  defense  to  action  for  breach  of  promise 

to  marry.     7  L.R.A.  (N.S.)   582;  L.R.A. 

1916D,  1276. 
Of   party   as  ground   for  continuance.       42 

L.R.A. (N.S.)   660. 


INDEX  TO  L.K.A.  NOTES. 


1227 


SICKNESS— cont'd 

As  ground  for  injunction  against  judgment. 
30  L.R.A.  794. 

Liability  of  municipal  corporation  for  sick- 
ness caused  by  sewage  or  drainage.  22 
L.R.A.  (N.8.)   940. 

Liability  of  landlord  to  tenant  for  sick- 
ness due  to  unsanitary  condition  of 
premises.     L.R.A.1917A,  994. 

What  is  "last  sickness"  permitting  noncupa- 
tive  will.     13  L.R.A.  (N.S.)    1092. 

Admissibility  of  expressions  or  statements 
of  present  pain  during  sickness  or  sub- 
sequent to  injuries.  24  L.R.A. (N.S.) 
253. 

Slander  in  charging  woman  with  unchastity 
causing  sickness.     24  L.R.A. (N.S.)   603. 

Right  of  teacher  to  salary  during.  50  L.R.A. 
371. 

As  element  of  damages  for  delaying  person 
blocking  railroad  crossing.  44  L.R.A. 
(N.S.)    1070. 

§   2.  Bequest    for   relief  of. 

Validity  of  bequest  for  relief  of.  14  L.R.A. 
(N.S.)  102;  37  L.R.A.  (N.S.)  1008, 
J013. 

§    2a.  Of  attorney. 

Sickness  of  attorney  employed  on  a  con- 
tingent fee,  before  final  adjudication  or 
settlement,  as  affecting  compensation. 
52  L.R.A. (N.S.)   381. 

§   3.  Of  judge. 

Personal  liability  of  executor  or  administra- 
tor for  interest  Avhere  settlement  of  es- 
tate is  delayed  by  illness  of  judge.  31 
L.R.A.  (N.S.")    359. 

§   4.  Of  juror. 

Agreement  in  verdict  by  remaining  jurors. 
43  L.R.A.  69. 

§   5.  Of  witness. 

Rlglit  to  have  direct  testimony  stricken  out 
where  cross-examination  is  interrupted 
by  illness  of  witness.  14  L.R.A. (N.S.) 
493. 

Of  witness  as  ground  for  admission  of  testi- 
mony given  upon  preliminary  examina- 
tion in  a  criminal  case.  25  L.R.A. 
(N.S.)  873. 

§   (>.  Of   passenger. 

Carrier's  duty  towards  sick  or  disabled  pas- 
senger, see  Carriers,  §§  39,  40. 

As  proximate  result  of  discharging  pas- 
senger at  improper  place  or  one  not  his 
destination.     7  L.R.A.(N.S.)    1180. 

§   7.  Of  copartner. 

Right  to  compensation  for  extra  services 
necessitated  bv  copartner's  illness.  17 
L.R.A. (N.S.)   395. 

As  ground  for  dissolution  of  partnership. 
47  L.R.A. (N.S.)    843. 

§   8.  Of   insured. 

Insurance  against  generally,  see  Ixsurance. 
Consult  also  L.R.A.  Digests  of  Cases. 


SICKNESS— cont'd 

Efi'ect  of  assured's  ill-health  at  time  of  ap- 
plication for  insurance.  17  L.rA. 
(N.S.)   1144. 

Effect  of  stipulation  in  application  or  pol- 
icy of  insurance,  that  it  shall  not  be- 
come binding  unless  delivered  to  as- 
sured while  in  good  health.  43  L.R.A. 
(N.S.)    725. 

Effect  of  refusal  to  deliver  policy  contain- 
ing stipulation  that  it  shall  not  be- 
come binding  unless  delivered  to  as- 
sured while  in  good  health  because  of 
illness  of  assured.  17  L.R.A. (N.S.) 
1146;  L.R.A.1916F,  174. 

Effect  of  delivery  while  assured  is  ill  of 
policy  containing  stipulation  that  it 
shall  not  become  binding  unless  de- 
livered while  assured  is  in  good  health. 

17  L.R.A.  (N.S.)   1150. 

Previous  diseased  condition  as  affecting  lia- 
bility on  insurance  policy  for  death  oi 
injury  from  accident.  34  L.R.A. (N.S.) 
445;  52  L.R.A. (N.S.)    1203. 

As  total  disability  of  insured.  38  L.R.A. 
537;    L.R.A.1917B,   108. 

Validity  of  provision  in  policy  requiring 
notice  of  sickness  within  specified  time. 

18  L.R.A. (N.S.)    106.   ; 

Effect  of  incapacitating  illness  on  failure  to 
pay  insurance  premium  when  due.  12 
L.R.A.  (N.S.)  319;  46  L.R.A.  (N.S:) 
537. 

Effect  of  sickness  of  insured  as  excuse  for 
failure  to  give  notice  or  furnish  proofs 
of  loss  as  required  by  policy  of  fire  in- 
surance.    L.R.A.1917A,  305. 

§   9.  Of  employee. 

Servant's  right  to  compensation  on  part 
performance  due  to,  see  Master  axd 
Servant,  §  26. 

§   10.  Of  member  of  crew  of  vessel. 

See  Seamex,  §  4. 

§    11.  Of    live    stock. 

See  Animals,  §  17. 


SICK  PERSOPf. 


Carrier's    duty   towards,    see    Carriers,    §§ 

39,  40. 
Duty  towards  sick  seamen,  see  Seamen,  §  4. 

Care  due  to,  when  no  contract  relation  ex- 
ists.    69  L.R.A.  513. 

Liability  of  property  owner  for  compelling 
removal  of  sick  person.  17  L.R.A. 
(N.S.)    510. 

Settlement  of,  as  affecting  liability  for  sup- 
port in  time  of  epidemic.  26  L.R.A. 
729. 

#*» • 


SIDE    TRACKS. 

See  Spur  Tracks  and  Sidings. 


1228 


INDEX  TO  L.R.A.  NOTES. 


SIDEWALKS. 

In  general,  see  Highways;  Public  Im- 
provements. 

Power  to  require  railroad  to  construct  side- 
walk across  its  tracks  or  right  of  way. 
L.R.A.1918D,  1157. 


SIDE   WALIiS. 

Party  walls,  see  Party  Wall. 
Landlord's  duty  as  to.     14  L.E.A.  241. 


SIDINGS. 

See  Spub  Tracks  and  Sidings. 


SIGNALS. 

To  employee,  see  jNIasteb  and  Servant,  §§ 
72-78,  165, 

Of  approach  of  railroad  train,  see  Rail- 
roads, §§57,  66-69. 

Signal  of  traffic  officer  as  affecting  duty  of 
travelers  to  exercise  care.  L.E.A. 
1917B,  137. 

Duty  of  operator  of  automobile  as  to.  38 
'L.R.A.(N.S.)  489;  51  L.E.A.  (N.S.) 
996. 

Carrier's  liability  for  injury  resulting  from 
negligent  or  meddlesome  act  of  fellow 
passenger  in  giving.  37  L.R.A. (N.S.) 
726;  49  L.R.A. (N.S.)  811;  L.R.A.1918E, 
819. 

Effect  of  signalling  car  to  make  one  a  pas- 
senger. 13  L.R.A.  (N.S.)  283;  25 
L.R.A. (N.S.)    408;    L.R.A.1916C,   1022. 


SIGNAIi  TORPEDOES. 

Injury  to  railroad  employee  by  torpedoes 
on  the  track.     16  L.R.A. (N.S.)  1084. 

As  dangerous  agency  for  injury  by  which, 
when  used  by  servant,  master  is  liable. 
10  L.R.A.(N.S.)   378,  398. 

Liability  for  injury  to  children  from  signal 
torpedo  left  accessible  to  them.  14 
L.R.A.(N.S.)   586;  L.R.A.1917A,  1296. 


SIGNATURE. 


Duty  of  bank  to  know  signature  of  deposi- 
*tor,  see  Banks,  §  24. 

To  commercial  paper,  see  Bills  and  Notes, 
§§  8,  9. 

Guaranty  of,  see  Bills  and  Notes,  §  9; 
Principal  and  Surety,  §  7. 

Forgery  of.  see  Banks,  §§  24,  29;  Bills 
AND  Notes,  §  16;  Forgery. 

Ratification  of  forged  signature,  see  Rati- 
fication, 6  8. 


SIGNATURE— cont'd 

To  instrument  required  by  statute  of  fraudd, 

see  Contracts,  §§  53,  54. 
To  deed,  see  Deeds,  §  5. 
Proof  of,  see  Evuence,  §§  198-205. 
By  mark,  see  Mark,  §§  2,  3. 
Bj^  proxy,  see  Proxy. 
To  bills,  see  Statutes,  §  6. 
Of  testator,  see  Wills,  §§  20-24. 
Of  witnesses  to  will,  see  Wills,  §  30. 
Of    writ   and   process   by   proxy,   see    Writ 

and  Process,  §  2. 

Effect  of  omission  of,  in  copy  of  writ  or 
process  delivered  to  person  served. 
L.R.A.1917C,  153. 

Matter  following,  as  part  of  contract.  5 
L.R.A. (N.S.)   436. 

Becominsr  suretv  for  surety  bv'adding  words 
to  ^rgnature.     21  L.R.A,  *247. 

Typewritten,  printed,  or  stamped  signature 
of  legal  process  or  other  legal  papers. 
L.R.A.1917B,  285. 

Sufficiency  of  printed  or  stamped  signature 
within  statute  of  frauds.  37  L.R.A. 
(X.S.)  352. 

Waiver  of  requirement  of  signature  to  rail- 
wav  ticket  or  coupon.  30  L.R.A.  (N.S.) 
432'. 

Personal  liability  of  one  who  signs  contract 
by  adding  words  indicating  representa- 
tive capacity  to  his  signature.  42 
L.R.A.  (N.S.)   1. 

To  deed  by  attorney  in  fact  or  agent.  41 
L.R.A.(N,S,)   805. 

To  initiative  or  referendum  petition.  50 
L.R.A.(N.S.)     221;     L.R.A.1917B,    36. 

Failure  to  sign  application  as  avoiding  acci- 
dent, life,  or  mutual  benefit  insurance 
policy.     4  B.  R.  C.  468. 

Duty  of  government  official  to  know  signa- 
ture of  drawer  of  draft.  L.R.A. 191 5D, 
797. 

Signature  made  by  hand  of  unconscious 
person.     L.R.A.1915B,  678. 


SIGNBOARDS. 


Allowance    of,    in    street,    see    Highways, 

§  19a. 
Injury  to  traveler  by,  see  Highways,  §§  68, 

83. 
See  also  Billboard. 

Compensation  for  making,  as  element  of 
damages  for  laying  out  street  across 
railway  propertv.  24  L.R.A.  (N.S.) 
1235. 


Begin  with  this  booTc  on  every  law  question. 


SIGNS. 

Signboards,  see  Signboards. 
Injurv   to   traveler  by   fall   of,   see  High- 
ways, §  68, 

Giving  of  dying  declaration  by.     56  L.R.A. 

427. 
Admissibilitv     as     dying     declarations     of 

answers"  by.     2  B.  R.  C.  922. 


INDEX  TO  L.E.A.  NOTES. 


1229 


SIGNS— cont'd 

Posting  signs  warning  trespassers  as  affect- 
ing liability  of  railroad  company  for 
injury  to  person  walking  on  track. 
47  L.R.A.(N.S.)    506. 

Necessity  for,  and  compliance  with,  provi- 
sions as  to  placing  of  signs  in  acts  reg- 
ulating speed  of  automobiles.  L.R.A. 
1918D,  142. 


SIIjEXCE. 

Estoppel  by,  see  Estoppel,  §§  18-26. 
As  fraud,  see  Fraud  a:nd  Deceit,  §  6. 

Silence  of  accused  on  statement  in  his  pres- 
ence as  a  confession.  25  L.R.A.(N.S.) 
543. 

Effect  of  mere  silence  between  parties  sus- 
taining trust  or  confidential  relations, 
to  toll  statute  of  limitations.  21  L.R.A. 
(N.S.)    963. 

Ratification  of  the  unauthorized  act  6i  an 
agent   by  silence.     LJEt.A.1918C,  222. 


SILVER. 

Validity   of  contract  to  pay  in,  see  Con- 
tracts, §  89. 

Form  of  judgment  on  obligation  to  pay  in. 
29  L.R.A.  593. 


■♦•» 


SIMILAR    ACTS. 

Evidence  of,  see  Evidence,  §§  272-275. 
■♦*■»■ 

SIMPLE   CONTRACT. 

As   assets   giving  jurisdiction  to  bind   ad- 
ministrator.    24  L.R.A.  685. 


SIMULATED   DEBTS. 

Inclusion  of,  as  participation  by  creditor  in 
debtor's  fraudulent  intent.  31  L.R.A. 
632. 


SIMULATION. 

See  Unfair  Competition. 

♦■•-♦ 


SINGLENESS. 

Of  special  verdict.     24  L.R.A.(N.S.)    48, 
Consult  also  L.R.A.  Digests  of  Cases. 


SINGLE   TRANSACTION. 

By   foreign  corporation   as   doing  business 
within  state.     10  L.R.A. (N.S.)   693. 


SINGULARITY. 


As   proof   of    incapacity  of   testator. 
L.R.A.(N.S.)  56. 


27 


SINKING  FUND  METHOD. 

Of  treatment  of  depreciation  in  estimating 
the  return  of  a  public  service  corpora- 
tion for  rate-making  purposes.  52 
L.R.A.(N.S.)    33. 


SINKS. 

Landlord's  duty  as  to.     14  L,R.A.  240. 

• «-»-*^ — 

SISTER. 

See  Brothers  and  Sisters. 


SISTER-IN-LAW. 

See  Brothers-in-Law  and  Sisters-in-Law. 
#«» 

SITUATION. 

Right  to  rely  on  representations  as  to.     37 
L.R.A.  610. 


SITUS. 

Of  debt,  see  Debt,  §  4;  Garnishment,  §  12. 
For    purpose    of    taxation,    see    Taxes,    §§ 

40-49,  100. 
See  also  Conflict  of  Laws. 

Of  corporate  stock  for  purpose  of  transfer 
on  books  of  corporation.  L.R.A.1915C, 
471. 


SIZE. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  692. 


SKATING. 


Reciprocal  duty  of  driver  of  automobile 
and  child  skating  in  street.  L.R.A. 
1918A,  257. 


1230 


INDEX  TO  L.R.A.  NOTES. 


SKATIXG— cont'd 

Contributory    negligence    of    child    injured 

while  skating  in  street.     L.R.A.1917F, 

99. 
Liability  of  one  who  renders  ice  unsafe  for 

skating.    L.R.A.1918A,  408. 


SKATING   RINK. 


As  a  place  of  amusement  within  civil  rights 

acts.     19  L.R.A.  (N.S.)  907. 
Power  of  municipality  to  declare,  a  nuisance 

perse.     31  L.R.A. (N.S.)  548. 


SKETCHES. 


Use    of,    by    counsel    in    arguing   to    jury. 
L.R.A.1918D,  80. 


SKIDDING. 


Injury  by  automobile  while  skidding.  38 
L.R.A.{N.S.)  495;  51  I^.R.A.(N.S.) 
1006. 

Applicability  of  doctrine  of  res  ipsa  loqui- 
tur where  accident  to  passenger  is  occa- 
sioned by  skidding  of  vehicle.  3  B.  R. 
C.  97. 

Liability  for  injury  by  skidding  due  to  oil- 
ing street.     L.R.A.1917F,  712. 


♦  •» 


SKY  LARKING. 

Recovery  under  Workmen's  Compensation 
Acts  for  injuries  caused  by.  L.R.A. 
1918E,  504. 


SLACK. 

Burning  slack,   as  a  nuisance. 
(N.S.)   244. 


48   L.R.A. 


SLANDER. 


See  Libel  axd  Slaxdeb.  ' 


SLANDER  OF  TITLE. 


See  Libel  and  Slander,  §  31. 


SLAUGHTER   HOUSES. 


38 


Municipal   power   over,   as   nuisances 
L.R.A.  646. 

Power  of  city  to  prohibit  slaughtering  ex- 
cept at  certain  places.     24  L.R.A.  586. 

Power  to  make  use  of  property  for,  condi- 
tional on  consent  of  neighbors.  8 
L.R.A. (N.S.)   978. 

Begin  with  thi8  boole  on  every  law  question^ 


SLAVES. 

§   1.  Generally. 

Specific  performance  of  contract  as  to. 
L.R.A.1918E,  619. 

Instigation  to  steal.     25  L.R.A.  344. 

Instigation  to  trade  with.     25  L.R.A.  344. 

Adverse  possession  of,  under  parol  gift.  35 
L.R.A.  839. 

Part  performance  of  contracts  for  services 
of.     24  L.R.A.  231. 

Criminal  liability  for  dealing  of  partner, 
agent,  or  servant  with.     41  L.R.A.  658. 

Voluntariness  of  confession  to  master.  18 
L.R.A.  (N.S.)   854. 

Admissibility  of  dying  declarations  of.  56 
L.R.A.  360. 

Admissibility  of  declarations  of  slave  as  af- 
fected by  incompetency  as  a  witness. 
L.R.A.1915E,  205. 

Rights  as  between  life  tenant  and  re- 
mainderman to  increase  of.  L.R.A. 
1915C,  849. 

Right  to  recover  for  hire  of  slaves,  between 
time  of  judgment  in  detinue  for  their 
recovery  and  affirmance  of  judgment  on 
appeal.     52   L.R.A. (N.S.)    1199. 

Effect  of  admission  of  state  into  the  Union 
upon  provisions  of  ordinance  of  1787 
as  to  slavery.     52  L.R.A. (N.S.)  307. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence in  case  of  injury  to,  or  escape 
of.     43  L.R.A. (N.S.)    119L 

Liability  of  hirer  of  slaves  under  special 
terms  of  contract  for  their  care  or  re- 
turn.    L.R.A.1915B,  297,  305. 

Excessiveness  of  verdicts  in  action  by  mas- 
ter for  injury  to  slave.  L.R.A.1915F, 
491. 

Question  relating  to  slavery  as  Federal 
question.     62  L.R.A,  539. 

§   2.  Duty    and    liability    to. 

Duty  to  furnish  medical  aid  to.     28  L.R.A. 

555. 
Master's  duty  to  provide  medical  assistance 

for.     4  L.R.A. (N.S.)    49. 
Master's    liability    for    act    of    overseer    in 

striking  or  whipping  slave.     27  L.R.A. 

197. 
Homicide  by  excessive  chastisement  of  slave. 

60  L.R^A.  804. 

§   3.  Escape   of. 

Master's    liability    for    acts    of    servant    in 

permitting  slave  to  escape.     27  L.R.A. 

171. 
Presumption    and    burden    of    proof    as    to 

negligence    in    case    of    escape   of.      45J 

L.R.A.  (N.S.)    1191. 

§   4.   Sale  of. 

Specific  performance  of  contract.  L.R.A. 
1918E,  019. 

^'alidity  of  sale  of,  in  violation  of  law.  12 
L.R.A. (N.S.)   598. 

Injunction  against  sale  of,  under  execu- 
tion.    30  L.R.A.  117. 

Does  warranty  extend  to  obvious  defects  in. 
12  L.R.A"'.(N.S.)    82. 

Does  express  warranty  as  to  soundness  of 
slave  exclude  implied  warranty  in  re- 
gard thereto.     33  L.R.A. (N.S.)' 504. 


INDEX  TO  L.R.A.  ^'CXIES. 


1231 


SLEDGE  HAMMER. 

Master's  liability  for  injury  tv  defect  in. 
13  L.R.A.  (N.S.)  671;  51  L.R.A.  (N.S.) 
339;   L.R.A.1918D,  1141. 


SLEEPING    CAR    COMPANLES. 

See  Cabriers,  §§  96,  97. 


SLIDING. 


In  streets  as  nuisance.    39  L.R.A.  679. 


SLOT    MACHINE. 


Operation  of,  as  gambling.  20  L.R.A. (N.S.) 
239;  34  L.R.A. (N.S.)  573;  42  L.R.A. 
(X.S.)    720. 

Slot  machine  as  yiolating  statute  against 
Sunday  trading.     7  B.  R.  C.  294. 


SLOUGHS. 

As    part   of   boundary   between   states. 
L.R.A. (N.S.)   649. 


25 


SLUT. 

Slander  in  charging  woman  with  being,  see 
Libel  and  Slander.  §  12. 


SMALLPOX. 


Hospital  for,  see  Hospitals. 
Vaccination  for,  see  Health,  §  10. 


SMELLS. 


See  Odors. 


SMELTING    WORKS. 

Supervising  employees  in,  as  vice  principals 
51  L.R.A.  534,  581. 


SMOKE. 

§    1.  Generally. 

As  element  of  damages,  see  Damages,  §  87a. 

Duty  of  traveler  approaching  railroad  cross- 
ing where  view  near  track  is  obstructed 
by  smoke  from  another  train.  37  L.R.A. 
(N.S.)  144. 

Consult  also  L.R.A.  Digests  of  Cases. 


SMOKE— cont'd 

§   2.  Liability    as    to. 

Liability  of  landlord  to  third  persons  as  to. 
20  L.R.A.  201. 

Loss  of  insured  property  by  smoke  from 
heating  apparatus  without  actual  igni- 
tion.    25  L.R.A. (X.S.)  501. 

§   3.  Regulation   and  control  of. 

As  nuisance,  see  Nuisances,  §  5. 

Presumption  as  to  statutory  authority  to 
commit  nuisance  of.     70  L.R.A.  594. 

Liability  of  railroad  for  creating  nuisance. 
32  L.R.A.(N.S.)   371. 


SMOKING. 


Power  to  prohibit  or  restrict  use  of  tobacco. 
51  L.R.A. (N.S.)   562. 


See  DuxIES. 


SMUGGLERS. 


SN^ATCHING. 


As   force   constituting   robbery.     57   L.R.A. 
432;  46  L.R.A. (N.S.)   1150.. 


SNOW. 

On  street  or  sidewalk,  see  Highways,  §§  56, 

71,  84,  86,  91. 

Res  ipsa   loquitur  in  action   for  injury  on 

highway    by    fall    of    snow    from    roof. 

43  L.R.A. (N.S.)    597. 
Right  to  discharge  from  roof  upon  premises 

of  adjoining  owner.     L.R.A. 191(iA,  603. 
Duty  of   railroad  company  as   to   snow   on 

cattle   guards.      36   L.R.A. (N.S.)    997; 

L.R.A.1915B,   134. 
Effect  of,  on  question  of  negligence  in  run- 
ning train  at  speed  preventing  stoppage 

within  distance  disclosed  by  headlight. 

39  L.R.A. (N.S.)   980. 
Snow  storm  as  act  of  God  relieving  carrier 

from  liability.     24  L.R.A.(N.S.)    1209. 
Duty  of  carrier  of  passengers  to  keep  steps 

of    cars    free    from.     15    L.R.A. (N.S.) 

523;  35  L.R.A. (N.S.)  592. 
Servant's  assumption  of  risk  of  injury  from 

snow    on    working    place.     19     L.R.A. 

(N.S.)  365. 
Forgetfulness  of,  as  contributory  negligence. 

39  L.R.A.(N.S.)   898. 


SNOW  STORM. 


As  act  of  God  relieving  carrier   from  lia- 
bility.    24  L.R.A.(N.S.)  1209. 


1232i 


INDEX  TO  L.R.A.  NOTES. 


SOCIAL.  CLUBS. 

See  Clubs. 


SOCIALISM. 

Validity   of   bequest  for   education   in.     37 

L.R.A.(N.S.)  1007. 
Validity  of  statutory  or    other    regulation 

forbidding  display  of  red  flag  or  other 

symbol     tending     to     incite     disorder. 

L.R.A.1915B,  70C. 


SOCIAL   aiEETING. 

Character  of  essential  to  offense  of  disturb- 
ing meeting.     30  L.R.A.(N.S.)    832. 


♦  «» 


SOCIAIi    TREATING. 

See  Tbeating. 


• ♦-•-♦ 

SOCIETY. 

Yarious  kinds  of  societies,  see  Associa- 
tions; Clubs;  Benevolent  Societies; 
Religious  Societies. 

Constitutionality  of  discrimination  against 
women  in  restrictions  of.  49  L.R.A. 
115. 

♦-•-♦ 


SODA  FOUNTAIN. 

As  place  of  public  accommodation  within 
meaning  of  the  civil  rights  act.  9 
L.R.A.  (N.S.)   (301. 

As  place  of  amusement  within  civil  rights 
acts.     19  L.R.A.(N.S.)  907. 


SODDING. 

Mechanic's  lien  for.    L.R.A.1917D,  353. 


SOFT  COAIi. 

Use  of,  as  a  nuisance.    13  L.R.A. (N.S.)  465.* 

♦  »» 

SOFT  DRINKS. 

Regulation  of  sale  of,  see  Intoxicating 
Liquors,  §  4. 

What  liquors  are  intoxicating,  see  Intoxi- 
cating Liquors,  §  30. 


SOIL. 

Right  to  soil  iri  liighway,  see  Highways,  § 
44. 

Right  of  municipality  to  take  soil  frona 
highway  to  injury  of  fee.  12  L.R.A. 
(N.S.)   1164. 


SOLAR  TIME. 

See  Time,  §  13. 


SOLDIERS. 


SODOMY. 

May  sodomv  be  committed  by  penetration 
of  mouth.  27  L.R.A.  (N.S.)  478;  45 
L.R.A.(N.S.)  473. 

Threat  to  charge  with,  as  constructive  force 
sufficient  for  robbery.     57  L.R.A.  440. 

Truth  of  charge  as  to,  as  defense  to  civil 
action  for  libel  or  slander.  31  L.R.A. 
(N.S.)    146. 

Evidence  of  otlier  crimes  in  prosecution  for. 
46  L.R.A. (N.S.)   266. 

Age  of  alleged  accomplice  as  affecting  neces- 
sity of  corroboration  of  testimony. 
L.R.A.1915E,  1224. 

Begin  xvith  this  1)oolc  on  every  law  question. 


Pensions  to,  see  Pensions. 

Soldiers'   and   seamen's   wills.     4   B.   R.   C. 

899. 
Appropriations  for  public  aid  in  furnishing. 

14  L.R.A.  470. 
Constitutional   protection   of  right  to  vote, 

25  L.R.A.482. 


SOLDIERS'    HOME. 

Liability  of,  to  process  of  garnishment  in 

state  courts.     46  L.R.A. (N.S.)    301. 
Acquiring  residence  as  a    voter    while    an 

inmate  of.     23  L.R.A.  215;   40  L.R.A. 

(N.S.)   168. 
Jurisdiction   of   estate   of    inmate    of.      39 

L.R.A.(N.S.)   586. 


SOLE  AGENCY. 


By  real  estate  broker  for  sale  of  I^nd.     44 
L.R.A.  350. 


SOLE   AND   UNCONDITIONAL 
OWNERSHIP. 

See  Insurance,  §  68. 


INDEX  TO  L.R.A.  xNOTES. 


1233 


SOIiE:  BENEFICIARY. 

Admissibility  of  declarations  of,  to  show 
lack  of  testamentary  capacity  or  undue 
influence.     38  L.R.A.(N.S.)    741. 


SOLE  DEBTOR. 


EflFect  of  death  of  sole  judgment  debtor  on 
remedy  by  execution.     61  L.R.A.  362, 


SOLICITATION. 


To  commit  crime,  see  Criminal  Law,  §  18. 
Of   patronage  at  railway  station,  see  Cae- 
RIERS,  §  152. 

To  violate  injunction  as  justification  for  so 
doing.     9  L.R.A.  (N.S.)   304. 

Right  of  attorney  at  law  to  solicit  business. 
9  L.R.A. (X'.S.)  282;  33  L.R.A. (N.S.) 
941:   L.R.A.1917B,  1128. 

Right  of  vendor  of  business  and  good  will 
to  solicit  customers  from  patrons  of 
business  sold.     19  L.R.A. (N.S.)    767. 

Riglit  in  absence  of  negative  covenant  to 
enjoin  employee  from  soliciting  busi- 
ness from  customers  of  employer.  31 
L.R.A.(N.S.)   260. 

License  or  occupation  tax  on  persons  en- 
gaged in  soliciting  orders  by  sample  or 
otherwise  as  a  violation  of  the  com- 
merce clause.  19  L.R.A.  (N.S.)  297; 
28  L.R.A.(N.S.)    265, 

Soliciting  trade  as  doing  business  within 
state.  9  L.R.A. (N.S.)  1214;  L.R.A. 
1916E,  236. 

PoAver  of  state  to  prohibit  solicitation  of 
orders  for  intoxicating  liquors  by  mail 
sent  from  another  state.  36  L.R.A. 
(N,S.)    443. 


■♦♦» 


SOLICITOR. 

See  also  Aitoeneys. 

Measure  of  damages  to  solicitor  for  breach 
of  advertising  contract.  22  L.R.A. 
(N.S.)   273. 


SOLVENCY. 

Insolvency,  see  Insolvency. 

Implied  warranty  of,  on  transfer  without 
indorsement  of  check  or  note  of  third 
person.     10  L.R.A.  (N.S.)    547. 


SON. 


See  Parent  and  Child. 


SON-IN-LAW. 

See  Father-in-Law  and  Son-in-Law. 

♦ « » 

SOOT. 

Loss  of  insured  property  by  soot  from  heat- 
ing apparatus  witliout  actual  ignition. 
25   L.R.A.  (N.S.)    .501. 

Right  to  compensation  for  consequential 
damages  to  property  from.  17  L.R.A. 
(N.S.)   1054. 


SORORITIES. 


Forbidding  student's  affiliation  with  secret 
society.     L.R.A.1915D,  588. 


SORROW. 


As  element  of  damages,   see  Damages,   §§ 
96-106. 


SOUND. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  728. 


SOUNDNESS. 


What   amounts   to  breach   of  warranty   of 
soundness   of   horse.     32   L.R.A. (N.S.) 

182. 


SOVEREIGN. 


As  a  person.     19  L.R.A.  223, 

Jurisdiction  of  suit  against  foreign  sover- 
eign.    16  L.R.A.(N.S.)   276. 

Extent  of  right  to  obstruct  6r  destroy 
rights  of  navigation.     59  L.R.A.  33, 


SPANISH  GRANT. 

Location   of  mining    claim    on.     7    L,R.A, 
(N.S.)  786. 


■♦>» 


Consult  also  L.K.A.  Digests  of  Cases.    78 


SPARK    ARRESTER. 

Private  action  for  violation  of  statutes  re- 
quiring.    L.R.A.1915E,  539. 

Negligence  as  to,  on  threshing  or  similar 
stationary  engines.  1  L.R.A. (N.S.)  530. 


1234 


IXDEX  TO  L.R.A.  NOTES. 


SPARKS. 

Fires  set  by  sparks  from  locomotives,  see 
Railroads,  §§  77,  78,  86. 

Liability  of  railroad  company  for  personal 
injuries  to  passenger  struck  by  sparks 
or  cinders  escaping  from  locomotive. 
18  L.R.A.(X.S.)   241. 

Liability  of  railroad  for  personal  injuries 
from  sparks  thrown  on  adjoining  prop- 
erty or  highway.     31  L.R.A. (X.S.)   983. 

Liability  of  elevated  railway  company  for 
personal  injurv  bv  spark  to  person  on 
surface  of  street.'  42  L.R.A. (X.S.)   92. 

Liability  for  fires  set  by  sparks  from  chim- 
ney.    32  L.R.A. (X.S.)    1003. 


SPECIAL   ASSESSMENTS. 

See  Drains  and  Sewers,  §§  12-14;  Public 
Improvements,  IV. 


SPECIAIi  ATTORNEY. 

Appearance     of,     before     grand     jury.      33 
L.R.A.(X.S.)    568. 


SPECIAL   BARGAINS. 

Loss   of  profits  from   loss  of,  as  damages. 
53  L.R.A.  45. 


SPECIAL    BENEFIT. 

Setting  ofiF,  against  damages  in  eminent  do- 
main proceedings,  see  Damages,  §  93. 

As  basis  for  assessment  for  public  improve- 
ment, see  Pl"blic  Improvements,  §  26. 


SPECIAL  CABS. 


Railroad  companies  as  private  carriers  in 
drawing.  30  L.R.A.  161;  48  L.R.A. 
(N.S.)   990. 


SPECIAL    DEPOSIT. 


See  Banks,  §  11. 


SPECIAL    DEPUTY. 

In  whose  name  acts  bv  should  be  performed. 
42  L.R.A.(X.S.)   880. 


SPECIAL    FUND. 


Claim  against  state  for  salarv  pavable  out 
of.     42  L.R.A.   54. 

When  obligation  payable  out  of.  is  indebted- 
ness within  debt  limit  provision.  37 
L.R.A.(X.S.)    1070;    L.R.A.1917E,    442. 


SPECIAL    GRAND    JURY. 

Generally.     27  L.R.A.  787. 


SPECIAL  INJURY. 


By  nuisance,  see  Xuisances,  §  25. 


SPECL\LISTS. 


Degree   of  care  and   skill   required  of.     20 
L.R.A.(X.S.)    1030. 


SPECIAL  JUDGE. 


Authority  of,  as  to  bills  of  exceptions  and 
cases  made.     42  L.R.A.  (X.S.)    616. 

Power  of  legislature  to  provide  for  method 
of  selecting.     L.R.A.1916E,  836. 


SPECIAL   LEGISLATION. 

See  Statutes,  §§  15-18. 


SPECIAL  DAMAGE. 

In  libel  or  slander,  see  Damages,  §  56. 
By  nuisance,  see  Nuisances,  §  25. 

L'nlawful  obstruction  preventing  one  from 
using  a  highway  as  a  special  damage 
which  will  sustain  an  action  against 
the  wrongdoer.  28  L.R.A.(N.S.) 
1053. 

Interference  with  one's  use  of  highway  by 
unlawful  obstruction  as  a  special  dam- 
age which  will  sustain  an  action  by  him 
against  the  wrongdoer.  L.R.A.3915D, 
142. 

Begin  tcith  this  book  on  every  law  question. 


SPECIAL    ORDERS. 

When  within  statute  of  frauds.     14  L.R.A. 

231;  43  L.R.A. (X.S.)  97. 
Sufficiency  of  rules  as  to  operation  of  trains 

by.    43  L.R.A.  332. 


SPECIAL   PARTNER. 


See  Partnebship,  §  58. 


INDEX  TO  L.E.A.  xNUTEfS. 


1235 


SPECIAL  POLICE. 

See  Police,  §  6. 

#>» 

SPECIAL    PURPOSE. 

Implied  warranty  of    fitness    of    property 
bouglit  for,  see  Sale,  §  32, 


SPECIAL  RATES. 


Carrier's  power  to  make,  see  Cabbiebs,   § 
155. 


SPECIAL    SESSION. 

Conclusiveness    of    enrolled   bill    passed    at 
special  session  of  legislature.  40  L.R.A. 

(X.S.)    27. 


SPECIAL   STOCK. 


Generally.     27  L.R.A.  151. 


SPECIAL   TAXATION. 

Assessment  for  public  improvements,  see 
Dbaixs  and  Sewebs,  §§  12-14;  Pub- 
lic Improvements,  IV. 


SPECIAL    TERM. 

Of  grand  jury.     27  L.R.A,  787. 


SPECIAL  TRAINS. 


Railroad  companies  as  private  carriers  in 
drawing.  30  L.R.A.  161;  48.  L.R.A. 
(N.S.)    990, 


SPECIALTY. 


As  to  deeds,  see  Deeds, 

As  to  mortgages,  see  Moetgage, 

Undelivered  specialty  as  gift.  21  L.R.A. 
694, 

Liabilitv  of  heirs  on  specialty  debt  of  an- 
cestor,    21  L,R,A.  90. 

As  asset  giving  jurisdiction  to  bind  ad- 
ministrator.    24  L,R,A,  687, 

Action  by  tiiird  persons  on,    25  L,R,A,  273, 

As  subject  of  gift.     26  L,R,A,  308, 

Succession  to.  bv  suretv  pajnng  judgment. 
68  L.R.A,  556, 

Consult  also  L.B.A.  Digests  of  Cases. 


SPECIAL  USE. 

Recovery  for,  in  eminent  domain,  see  Dam- 
ages, §  83. 


SPECIAL    VERDICT. 

See  Tbial,  §§  80-82,  84. 


SPECIFICATIONS. 

For  public  contracts,  see  Contbacts,  §  161. 

For  establishment  of  drains  and  sewers. 
60  L,R,A,  176. 

Cost  of  conforming  work  to,  as  measure  of 
damages  for  defect  or  omission  in  per- 
formance of  building  contract.  39 
L.R.A.(N.S.)    592. 


SPECIFIC  LEGACIES. 

See  Wills,  §§  122,  127,  128. 


SPECIFIC  PERFORMANCE. 

/.  In  general,  §§  1-3. 
II.  Contracts  enforceable,  §§  4-26. 

a.  In  general,  §§  4:-10a. 

b.  Oral  contracts,   §§   11-13. 

1.  In   general,    §    11. 

2.  As  to  real  property,   §§ 

12,  13. 

c.  Contracts     relating     to     per- 

sonal property,  §§  13a,  14. 

d.  Contracts  for  real  property, 

§§    15-19. 

e.  Effect     of     defendant's     in- 

ability   to    specifically   per- 
form,  §   20. 

f.  Mutuality  of  obligation;  op- 

tion,  §§  21,  22. 

g.  Certainty    and    definiteness, 

§  23. 
h.  Mistake;     fraud;     consider- 
ation,  §§   24-26. 
III.  Decree;  relief  granted,  §§  21-29. 

I.  In  general. 

§   1.  Generally. 

Plaintiff's  pleadings  in  action  for,  see 
Pleadings,  §  22. 

Right  of  infant  to  enforce  specific  perform- 
ance of  contract,     L,R,A,1918A,  787, 

Effect  of  statute  of  frauds  upon  right  to  re- 
form contract  when  it  is  sought  to  spe- 
cifically enforce  the  contract  as  re- 
formed,    L,R,A,1917A,  586. 

May  a  contract  by  an  agent  who  exceeded 
his  authority  be  enforced  against  the 
principal  to  the  extent  to  which  it  was 
autiiorized.     52  L.R.A. (N.S,)    510. 


1236 


INDEX  TO  L.R.A.  NOTES. 


SPECIFIC  PERFOEMANCE,  I.— cont'd 

Right  of  private  persons  to  contest  power 
of  corporation  to  take  or  hold  property 
in  action  for.  32  L.R.A.  296 ;  46  L.R.A. 
(N.S.)    73. 

Distinction  between  indirectly  securing  spe- 
cific performance  and  preventing  in- 
jury to  business,  as  affecting  necessity 
that  services  be  unique,  to  warrant  in- 
junction against  breach  of  covenant 
not  to  enter  another's  employment.  35 
L.R.A.(N.S.)    119. 

Anticipatory  breach  of  contract  as  basis  of 
suit  for  specific  performance.  36 
L.R.A.(N.S.)     408. 

Suit  for  specific  performance  of  contract 
in  relation  to  real  property  as  lis  pen- 
dens.    36  L.R.A.(N.S.)    552. 

Suit  for,  not  prosecuted  to  judgment  as  a 
conclusive  election  of  remedies.  34 
L.R.A.(N.S.)  309. 

§   2.  Time. 

Uncertainty  as  to  time,  as  affecting  right  to 
specific  performance.  2  L.R.A.(N.S.) 
221. 

Laches  or  delay  of  party  seeking  specific 
performance  of  contract  for  sale  of 
corporate  stock.  50  L.R.A.  508;  31 
L.R.A.(X.S.)  500. 

Delay  of  infant  or  feme  covert  in  paying 
purchase  price  or  bringing  suit  as  bar 
to  action  for  specific  performance  of 
contract  for  sale  of  land  of  which  time 
is  not  of  the  essence.  25  L.R.A. (N.S.) 
639. 

§  3.  Conditions;   tender. 

Tender  or  payment  of  consideration  as  con- 
dition precedent  to  suit  to  enforce  con- 
tract to  convey  realty  consummated  by 
vender's  exercise  of  option.  24  L.R.A. 
(N.S.)    91. 


.11.  Contracts  enforceable. 


a.  In  general, 

§  4.  Miscellaneons  contracts. 

Of  contract  for  indemnity,  see  Indemnity, 
§  5. 

Specific  performance  of  provisions  for  ap- 
praisal of  property  preliminary  to  ex- 
ercise of  option.     L.R.A.1917C,   813. 

Building  construction,  and  repair  contracts. 
6  B.  R.  C.  912. 

Contract  to  supply  city  with  water.  61 
L.R.A.  74. 

Arbitration  agreements.  47  L.R.A. (N.S.) 
364. 

Of  stock  pooling  agreement.  51  L.R.A, 
(N.S.)    785. 

Of  contract  for  municipal  water  supply.  61 
L.R.A.  92. 

Of  agreement  to  submit  to  arbitration.  15 
L.R.A.  142. 

Enforceability  of  promise  by  beneficiary  to 
pay  proceeds  of  life  insurance  policy  to 
third   person.     40  L.R.A. (N.S.)    692. 

Begin  with  this  booJe  on  every  late  question. 


SPECIFIC  PERFORMANCE,  II.  a— cont'd 

Jurisdiction     to     compel     performance     of 

agreement  for  assumption  of  debts  on 

dissolution    of    partnership.      9    L.R.A. 

rx.s.)  116. 

stipulation  for  liquidated  damages  in  con- 
tract not  to  engage  in  business,  as 
affecting  equitable  jurisdiction  to  en- 
join breach  thereof.  10  L.R.A.(N.S) 
204;   L.R.A.1917E,  886. 

Of  contract  between  husband  and  wife  to 
compromise  pending  or  contemplated 
divorce  suit.     60  L.R.A.  412. 

To  prevent  revocation  of  license.  49  L.R.A. 
507. 

When  purchaser  at  judicial  sale  compelled 
to  complete  purchase.     21  L.R.A.  45. 

Of  contract  signed  by  beneficiary  but  not  by 
holder  of  legal  title.  2  L.R.A. (N.S.) 
884. 

Agreements  between  promoters  of  corpora- 
tions.   L.R.A.1918E,  846. 

§   5.  Illegal  contracts. 

Illegality  of  contract  for  sale  of  corporate 
stock.  60  L.R.A.  508;  31  L.R.A. (N.S.) 
500. 

Equitable  enforcement  for  limited  time  to 
prevent  public  inconvenience,  of  con- 
tract which  is  against  pubKc  policy.  1 
L.R.A.  (N.S.)   1032. 

Right  to  damages  for  breach  of  option  con- 
tract which  is  not  specifically  enforce- 
able because  it  contravenes  the  rule 
against  perpetuities.     4  B.  R.  C.  292. 

§   6.  Contracts  of  service. 

Agreement  as  to  disposition  of  property  at 
.    death,  see  infra,  §  9. 

Subject  considered  with  reference  to  the 
general  principles  which  define  the 
limits  of  equitable  jurisdiction.  6 
L.R.A.(N.S.)  1115. 
General  rule  that  equity  will  not  specifical- 
ly enforce  contracts  of  service.  6 
L.R.A.(N.S.)  1123. 
Rationale    of    this    rule.      6    L.R.A.(N.S.) 

1125. 
Qualification  of  the  general  rule  where  the 
applicant  for  relief  is  in  the  employ- 
ment of  a  body  of  trustees.     6  L.R.A. 
(N.S.)    1128. 
Enforcement  of  stipulations    by    employees 
not   to    perform    services    for    any 
other   persons   than   their   employ- 
ers.    6  L.R.A.(N.S.)    1130. 
Absence  of  express  negative  stipulation,  to 
what  extent  a  bar  to  exercise  of 
equitable    jurisdiction.      6    L.R.A. 
(N.S.)    1134. 
Quality  of  the  services,  how  far  a  material 

element.     6  L.R.A. (N.S.)    1138. 
Mandatory    injunction    to    compel    specific 
performance   of   contract    for    services. 
20  L.R.A.  167. 


§   7.  Contract    to    give    security. 

Real-estate  mortgages.     0  L.R.A. (N.S.) 
Chattel  mortgages.     6  L.R.A. (N.S.)    5! 
Indemnity  to  surety.     6  L.R.A. (N.S.) 
Annuities.     6  L.R.A. (N.S.)    591. 
Partnership.     6  L.R.A. (N.S.)    591. 


585. 

18. 
590. 


INDEX  TO  L.R.A.  NOTES. 


1237 


SPECIFIC  PERFORMANCE,  II.  a— cont'd 
Security  or  indemnity    in    otlier    cases,     (i 

L.R.A.(N.S.)    592. 
Remedy  at  law.     G  L.R.A.(N.S.)    594. 
Indefinite  agreement.     6  L.R.A.  (N.vS.)    595. 
Party  in  detault.     6  L.R.A.(N.S.)    596. 
Pleading,    practice,   and   parties.     6   L.R.A. 

(N.S.)    597. 
Impossible  relief.     6  L.R.A. (N.S.)    597. 

§  8.  Contract  to  provide  for  party  to 
marriage. 

As  to  marriage  settlements,  generally,  see 
Husband  and  Wife,  §  59. 

Specific  performance  of  contract  to  provide 
for  intended  husband  or  wife.  12 
L.R.A.(N.S.)    232. 

Specific  performance  of  agreement  on  part 
of  third  person  to  make  provision  for 
parties  to  contemplated  marriage.  7 
L.R.A. (N.S.)    734. 

§  9.  As  to  disposition  of  property  at 
death. 

Enforcement  against  estate  of  decedent  of 
contract  to   pay  money   or  give   prop- 
erty.    14  L.R.A.  862. 
Specific   performance   of   contract   to   leave 
property  in  consideration  of  serv- 
ices or  support.     44  L.R.A. (N.S.) 
733. 
As  affected  by  brevity  of  period  elaps- 
ing   before    promisor's    death.      9 
L.R.A.(N.S.)    157. 
Specific    performance   of    contract   to   leave 
property  to  child  in  consideration 
of   his    living   with   promisor.      44 
L.R.A.  (N.S.)    756. 
As  afl"ected  by  noncompliance  with  stat- 
ute prescribing  mode  of  adoption.  8 
L.R.A.  (N.S.)       1130;      46      L.R.A. 
(N.S.)    1134. 
Right  to  specific  performance  or  injunction 
during  lifetime  of  one    who    has    con- 
veyed, or  is  about  to  convey,  property 
in  violation  of  his  agreement  to  leave 
the  same,  at  his  death,  to  the  complain- 
ant.    18  L.R.A. (N.S.)   218. 
Specific  performance  of  oral  contract  to  de- 
vise or  convey  land  in  consideration  of 
performing  services  or  furnishing  sup- 
port, where  no  possession  tai<en,  or  im- 
provements   made.       15    L.R.A.  (N.S.) 
466;   38  L.R.A.(N.S.)    752. 

§   10.  Railroad  station. 

Specific  performance  of  contract  to  estab- 
lish or  maintain  railroad  station.  16 
L.R.A. (N.S.)    307. 

§   10a.  Continuing  contracts. 

Of  contract  for  performance  of  continuous 

acts.     3  L.R.A. (N.S.)   828. 
Mutuality  of  obligation  as  a  condition  of 

the  right  to  specific  performance  of  a 

continuing    contract.      6    L.R.A. (N.S.) 

391;  38  L.R.A.(N.S.)   452. 

b.  Oral  contracts. 
1.  In  general, 

8   11.  Generally. 

Of  parol  agreement  to  contribute  to  cost  of 

party  wall.     66  L.R.A.  699. 
Consult  also  L.R.A.  Digests  of  Cases. 


SPECIFIC  PERFORMANCE,  II.  b— cont'd 
Effect  of   defendant's   denial    of    oral     con- 
tract.    4  L.R.A. (N.S.)   410. 
Specific    performance    of    oral    contract    to 
leave  property  in  consideration  of  serv- 
ices or  support.     44  L.R.A. (N.S.)    748. 

2.  As  to  real  property. 

§   12.  Generally. 

Statute  of  frauds  with  reference  to  con- 
tracts, relating  to  realty,  generally,  see 
Contracts,  §§  40-49. 

Of  agreement  by  agent  purchasing  for  ex- 
ecutor or  administrator  at  the  latter's 
own  sale,  to  reconvey.    L.R.A.  1918B,  42. 

Of  oral  contract  to  convey  real  estate  in 
consideration  of  making  improvements, 
where  possession  not  taken.  33  L.R.A. 
_(N.S.)    534. 

Specific    performance    of    oral    contract    to    « 
leave  property  in  consideration  of  serv- 
ices or  support.     44  L.R.A. (N.S.)    748. 

Specific  performance  of  oral  contract  to 
devise  or  convey  land  in  consideration 
of  performing  services  or  furnishing 
support,  where  no  possession  taken  or 
improvements  made.  15  L.R.A. (N.S.) 
466;  38  L.R.A.(N.S.)  752. 

Acts  by  vendee  lessening  value  of  property 
as  affecting  right  of  vendor  to  a  specifie 
performance  of  contract  in  relation  to 
land,  that  does  not  comply  with  the 
Statute  of  Frauds.     L.R.A.1918F,  386. 

§  13.  Part  performance;  taking  pos- 
session. 

Effect  of  J  generally,  see  Contracts,  §§  58, 
59. 

Sufficiency  of  possession  alone  as  ground  for 
granting  specific  performance  of  parol 
gift  of,  or  contract  to  convey,  real 
property.     8  L.R.A. (N.S.)    870. 

Specific  performance  of  oral  lease  void  un- 
der statute  of  frauds  after  lessee's 
entry  into  possession  and  making  im- 
provements.     3   L.R.A. (N.S.)    852. 

Effect  of,  to  take  out  of  statute  of  frauds, 
contract  to  leave  property  to  child  in 
consideration  of  his  living  with  promi- 
sor.    44  L.R.A.(N.S.)   770. 

Effect  of  part  performance  under  parol 
lease  on  right  to  specific  performance. 
49  L,R.A.(N.S.)   116. 

c.  Contracts  relating  to  personal 
property. 

§    13a.  Generally. 

Specific  performance  of  contracts  in  rela- 
tion to  personal  propertv.  L.R.A. 
:918E,  597. 

§  14.  Contracts  for  sale  of  corporate 
stock. 

Jurisdiction.  60  L.R.A.  501;  31  L.R.A. 
(N.S.)    491;   L.R.A.1915D,  300. 

Defenses.  50  L.R.A.  507:  31  L.R.A.(N.S.) 
497;  L.R.A.1915D,  303. 

Parties.  50  L.R.A.  512;  31  L.R.A.  (N.S.) 
502. 

Relief.  50  L.R.A.  512;  31  L.R.A. (N.S.) 
502. 


1238 


INDEX  TO  L.R.A.  NOTES. 


SPECIFIC  PERFORMANCE,  II.— cont'd 
d.  Contracts  for  real  property. 

§    15.  Generally. 

Oral  contracts,  see  supra,  §§  12,  13. 

Right  of  infant  to  enforce.  L.R.A.1918A, 
787. 

Sxifficiency  of  description  of  land  in  con- 
tract by  reference  to  street  number. 
L.R.A.1918C,  520. 

Specitic  performance  of  land  contract  as  af- 
fected by  provision  for  liquidated  dam- 
ages.    45   L.1I.A.  (N.S.)    52. 

Right  of  private  person  to  contest  power 
of  corporation  to  take  or  hold  prop- 
erty, in  action  for  specific  performance 
of  contract  relating  to  property.  46 
L.R.A.(N.S.)     84. 

To  compel  railroad  company  to  perform 
agreement  as  to  crossing  stipulated  for 
in  deed  to  railroad  of  right  of  way. 
48  L.R.A. (N.S.)    387. 

Right  to,  as  affected  by  vendor's  ignorance 
of  race  or  character  of  purchaser.  32 
L.R.A.(N.S.)    125. 

Vendee's  right  to  specific  performance  with 
abatement  from  purchase  price  for  de- 
ficiency in  quantity.  10  L.R.A.(N.S.) 
117;  38  L.R.A.(N.S.)  1195;  L.R.A. 
1917F,  597. 

Vendee's  right  to  specific  performance  with 
allowance  for  buildings  destroyed  after 
making  of  executory  contract.  10 
L.R.A.  (N.S.)    125. 

Right  to  specific  performance  of  contract  to 
convey  real  estate  aS  aff'ected  by  at- 
tempted reservation  of  cemetery  or 
burial  plot.     41  L.R.A. (N.S.)   384. 

May  jurisdiction  of  suit  for  specific  per- 
formance of  a  contract  for  conveyance 
of  land  within  the  territorial  jurisdic- 
tion rest  upon  constructive  service  of 
process  against  a  nonresident.  23 
L.R.A.  (N.S.)    1135. 

Delay  of  infant  or  feme  covert  in  paying 
purchase  price  or  bringing  suit  as  bar 
to  action  for  specific  performance  of 
contract  for  sale  of  land  of  which  time 
is  not  of  the  essence.  25  L.R.A. (N.S.) 
639. 

Tender  or  payment  of  consideration  as  con- 
dition precedent  to  suit  for  specific 
performance  of  contract  to  convej'  real- 
ty consummated  by  vendee's  exercise  of 
an  option.    24  L.R.A.(N.S.)  91. 

§   16.  Outside  of  jurisdiction. 

Jurisdiction  of  equity  to  decree  specific  per- 
formance of  contract  affecting  real  es- 
tate in  other  state  or  country.  69 
L.R.A.  681. 

Jurisdiction  of  equity  over  suits  for,  in  re- 
lation to  real  property  in  another  state 
or  country.     23  L.R.A. (N.S.)   924. 

§    17.  Doubtful  titles. 

Sufficiency  of  title  by  adverse  possession  as 
basis  for  specific  performance.  46 
L.R.A.  (N.S.)    515. 


Begin  tvitJi  this  boolc  on  every  laiv  question. 


SPECIFIC  PERFORMANCE,  II.  d— cont'd 
Allowing  vendor  reasonable  time  to  perfect 
title    by    decree    for    specific    perform- 
ance.    30  L.R.A. (N.S.)    25. 
Right  of  vendee  to  specific  performance  with 
abatement  from  purchase   price,   where 
vendor  is  unable  to  convey  good  and  un- 
encumbered  title.      24   L.R.A.    765;    10 
L.R.A.(N.S.)      117;      38     L.R.A.  (N.S.) 
1195;  L.R.A.1917F,  .597. 
Right  of  vendor  whose  title  is  defective  to 
specific  performance  upon  condition 
of    a   compensation    or    indemnity.^ 
52  L.R.A. (N.S.)    959. 

§    18.  Effect  of  fraud. 

In  case  of  misrepresentation  as  to  location 
of  property.     38  L.R.A. (N.S.)    306. 

Effect  of  concealment  or  misrepresentation 
of  fact  affecting  value  of  real  estate 
by  purchaser  who  seeks  specific  per- 
formance.     30   L.R.A. (N.S.)    755. 

§19.  Where  wife  refuses  to  unite  in 
conveyance. 

Generally.     24  L.R.A.   763. 

Specific  performance  against  wife  on  con- 
tract of  husband.    24  L.R.A.  763. 

Specific  iDerformance  against  wife  bv  con- 
tract of  wife.     24  L.R.A.  763. 

Contracts  that  are  enforceable  against  her 
and  her  husband.    24  L.R.A.  764. 

Specific^ performance  against  husband  where 
wife  refuses  to  unite  in  conveyance. 
24  L.R.A.  764. 

Specific  performance  by  huband  with 
abatement  for  deficiency  in  title.  24 
L.R.A,  765. 

Requiring  husband  to  obtain  his  wife's  sig- 
nature.   24  L.R.A.  766. 

Mutuality;  enforcing  contracts  against  yen- 
dee.     24  L.R.A.  766. 

Effect  of  nonjoinder  of  husband  in  Avife's 
executory  contract  to  convey,  where  hia 
joinder  is  essential  to  a  conveyance, 
30  L.R.A.(N.S.)    353. 


e.  Effect  of  defendant's  inability  to 
specifically  perform. 

§   20.  Generally. 

Generally.     16  L.R.A.  614. 
When  plaintiff  knows  that  performance  can- 
not be  enforced.     16  L.R.A.  614. 
Where   defendant   disables   himself   pending 

action.    16  L.R.A.  615. 
When  defendant  has  at  any  time  rendered 

himself    incapable    of    performing.      16 

L.R.A.  615. 
General     jurisdiction     over     damages.       16 

L.R.A.  615. 
The  eflfect  of  modern  legislation.     16  L.R.A. 

616. 
The  effect  of  the  Code  provision.     16  L.R.A. 

616. 
Agreement  by  carrier  to  issue  passes  which 

is    impossible    of    performance    because 

of    subsequent    legislation.      49    L.R.A, 

(N.S.)   848. 


INDEX  TO  L.R.A.  NOTES. 


1239 


SPECIFIC  PERFOKMAXCE,  II.— cont'd 
/.  Mutuality  of  obligation;  option. 

§    21.  Generally. 

Contract  for  convevance  not  signed  bv  wife. 
24  L.R.A.  7G6." 

Of  remedy  as  affecting  jurisdiction  of  ac- 
tion for  specific  performance  of  con- 
tract for  sale  of  stock.  50  L.R.A.  506; 
31  L.R.A.  (X.S.)  496;  L.R.A.1915D,  301. 

Lack  of,  as  defense  to  action  for  specific 
performance  of  contract  for  sale  of  cor- 
porate stock.  50  L.R.A.  507 ;  31  L.R.A. 
(X.S.)  499. 

Mutuality  of  obligation  as  a  condition  of 
right  to  specific  performance  of  a  con- 
tinuing contract.  6  L.R.A.(X.S.)  391; 
38  L.R.A.(X.S.)  452. 

Mutuality  of  contract  to  leave  property  in 
consideration  of  services  or  support. 
44  L.R.A.  (X.S.)  738. 

Mutuality  of  contract  to  leave  property  to 
child  in  consideration  of  his  living  with 
promisor.     44  L.R.A. (X.S.)    766. 

Right  of  party  not  bound  because  he  did  not 
sign  the  contract,  to  enforce  specific 
performance  against  a  party  who  did 
sign.  16  L.R.A. (X.S.)  397;  28  L.R.A. 
(X.S.)    680;   43  L.R.A. (X.S.)    411. 

§   22.  Option  contracts. 

Enforcement  of  contract  not  to  withdraw. 
21  L.R.A.  131. 

Enforcement  of  completed  contract.  21 
L.R.A.  131. 

Xecessity  for  consideration.    21  L.R.A.  131. 

Enforcement  against  third  person.  21 
L.R.A.  132. 

Right  to  relief  before  acceptance.  21  L.R.A. 
132. 

Xecessity  that  contract  be  specific.  21 
L.R.A.   132. 

Right  to  specific  performance  of  option  to 
purchase  as  affected  by  lack  of  mutual- 
ity of  obligation.     6  L.R.A. (X.S.)   403. 

Tender  or  payment  of  consideration  as  a 
condition  precedent  to  a  suit  for  the 
specific  performance  of  a  contract  to 
convey  realty  consummated  by  the 
vendee's  exercise  of  an  option.  24 
L.R.A. (X.S.)    91. 

Right  to  damages  for  breach  of  option  con- 
tract which  is  not  specifically  enforce- 
able because  it  contravenes  the  rule 
against  perpetuities.     4  B.  R.  C.  292. 

g.  Certainty  and  deflniteness. 

§   23.  Generally. 

Contract  some  of  the  terms  of  which  are  to 
be  agreed  upon  by  the  parties.  L.R.A. 
1917D,  1079. 

Necessitv  that  option  contract  be  specific. 
21  L.R.A.  132. 

Uncertainty  as  to  time  as  affecting  right 
to.     2  L.R.A. (X.S.)    221. 

Right  as  affected  by  provision  for  liquidat- 
ed damages.     2  L.R.A.  (X.S.)    210. 

Uncertainty  and  incompleteness  of  contract 
for  sale  of  corporate  stock.  50  L.R.A. 
507:  31  L.R.A.  (X.S.)  497;  L.R.A. 
1915D,  303. 

Consult  also  L.R.A.  Digests  of  Cases. 


I  SPECIFIC  PERFORMAXCE,  II.  g— cont'd 
I  JJefiniteness    and   certainty    of    contract    to 
I  leave   property    to    child    in    considera- 

tion of  his  living  with  promisor.  44 
L.R.A.  (X.S.)  767. 
Specific  performance  of  land  contract  as 
affected  by  provision  for  liquidated 
damages.  45  L.R.A. (X.S.)  52. 
Sufficiency  of  description  of  land  by  refer- 
ence to  street  number.  L.R.A.1918C, 
520. 


h.  Mistake;  fraud;  consideration. 

§   24.  Mistake. 

Effect  of  mistake  of  fact  by  defendant  on 
right  to  the  specific  performance  of  a 
contract  induced  thereby.  15  L.R.A. 
(X.S.)    81. 

In  contract  for  sale  of  corporate  stock. 
L.R.A.1915D.  303. 

§   25.  Fraud. 

In  contract  as  to  real  property,  see  supra, 

§  18. 

Fraudulent  expression  of  opinion  as  a  de- 
fense.    35  L.R.A.  433. 

In  contract  for  sale  of  corporate  stock.  50 
L.R.A.  508;  31  L.R.A. (X.S.)   500. 

§   2  6.  Consideration. 

Xecessitv  for  consideration  for  option  con- 
tract.    21  L.R.A.  131. 

Lack  of  consideration  as  defense  to  action 
for  specific  performance  of  contract  for 
sale  of  corporate  stock.  50  L.R.A.  507 ; 
31  L.R.A. (X.S.)   498. 

Refusal  of  specific  performance  of  contract 
to  convey  property  because  of  inade- 
quacy of  consideration.  14  L.R.A. 
(X.S.)  317. 

Xecessity  in  a  complaint  for  specific  per- 
formance of  alleging  facts  showing  ad- 
equacy of  consideration  for  contract 
sought  to  be  enforced.  19  L.R.A. (X.S.) 
178. 

Contract  to  leave  property  to  child  in  con- 
sideration of  his  living  with  promisor. 
44  L.R.A.(X.S.)    764. 


III.  Decree;  relief  granted. 

§   2  7.  Generally. 

Contract  to  give  security;  impossible  relief. 

Relief  granted  in  action  for  specific  per- 
formance of  contract  for  sale  of  corpo- 
rate stock.  50  L.R.A.  512;  31  L.R.A. 
(X.S.)  502. 

Allowing  vendor  reasonable  time  to  perfect 
title  by  decree  for  specific  performance. 
30  L.R.A.(X.S.)   25. 

Right  to  accept  favorable  part  of  decree  and 
appeal  from  the  rest.  29  L.R.A. (X.S.) 
11. 

§   2  8.  Abatement  from  price. 

Specific  performance  by  husband,  with 
abatement  for  deficiencj^  in  title  where 
wife  refuses  to  join.    24  L.R.A.  765. 


1240 


INDEX  TO  L.R.A.  NOTES. 


SPECIFIC  PERFORMANCE,  III.— cont'd 
Right  of  vendee  to  specific  performance  with 
abatement    from    purchase     price, 
where  vendor  is  unable  to  convey  a 
good  and  unencumbered   title.     10 
L.R.A.(N.S.)   117;  38  L.R.A.(N.S.) 
1195;   L.R.A.1917F,  597. 
Riglit     of     vendee  to     specilic     performance 
with  allowance  for  buildings  destroyed 
after    making    of    executory    contract. 
10  L.R.A.(N.S.)   125. 

§   29.  Damag;es  in  lieu  of. 

Damages  in  lieu  of  specific  performance.    20 
L.R.A.  752. 


SPECTACLES. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A.  (N.S.) 
762;  24  L.R.A. (N.S.)  103;  25  L.R.A. 
(N.S.)  1297. 


SPECTATOR. 


Misconduct  of,  at  criminal  prosecution,  see 
Cbimixal  Law,  §  44. 

Liability  for  injury  to  bystander  watching 
progress  of  work.     L.R.A. 1916F,  117. 

Effect  of  misconduct  of,  during  criminal 
trial.    L.R.A.1918E,  959. 


SPECUIiATIOX. 


Legislation  forbidding  speculation  in  theater 
tickets.  5  L.R.A. (N.S.)  183;  L.R.A. 
1918D,  388. 

Creation  of  partnership  by  speculative  pur- 
chases of  property  for  sale.  18  L.R.A. 
(N.S.)  1089. 

Speculation  in  commodities  as  within  osten- 
sible or  implied  authority  of  member  of 
partnership  operating  warehouse.  27 
L.R.A.(N.S.)   1015. 


SPECULATIVE    BELIEF. 

As   proof   of   testamentarv   incapacity.     27 
L.R.A.(N.S.)    74;   L.R.A.1915A,   458. 


SPECULATIVE  POLICIES. 

Right  to  take  out.    25  L.R.A.  628. 


SPECULATIVE   USES. 

Of  property  as  element  of  compensation  in 
eminent  domain.     L.R.A.1917A,  409. 


SPEECH. 

Freedom   of,   see   Constitutional   Law,    § 

29a. 
Injunction  against,  see  Ixjuxctiox,   §   73. 

Copyright   in   report   of   public    speech.      2 
B.  R.  C.  335. 


SPEED. 

Of  automobile,  see  Automobiles,  §  5. 
On  highway,  see  Negligence,  §  26. 
Of  railroad  train,  see  Railroads,  §§  71,  72. 
Of  street  car,  see  Street  Railways,  §§  li, 

13. 
Opinion  evidence  as  to,  see  Evidence,  §  195. 
Regulation   of   speed   of   vehicles   in   street, 

see  Highways,  §  46. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,   701. 

Express  warrantv  as  to,  as  excluding  im- 
plied warranty.     33  L.R.A. (N.S.)    507. 

Constitutionality  of  statute  fixing  minimum 
rate  of  speed  at  which  carrier  may 
transport  special  kinds  of  freight.  26 
L.R.A.(N.S.)   1018;  L.R.A.1917C,  142. 

Liability  for  injury  by  excessive  speed  in 
exercise  of  rights  of  navigation.  64 
L.R.A.  979. 


SPEEDY  TRIAL. 


See  Ceiminal  Law,  §  45. 


SPELLING. 


65 


Comparison  of,  in  disputed  instrument 

L.R.A.  97. 
Effect  of  mistakes  in,  on  question  of  forgery 

in    issuing    false    instrument.      L.B.A. 

1918B,  1193. 


SPENDTHRIFT  TRUST. 

See  Trusts,  §  34. 


SPILES. 

As   defects   in   dock   or   wharf.     61   L.R.A. 
949. 


Begin  with  this  hooTc  on  every  latv  question. 


SPINAL  AFFLICTION. 

As   element    of   damages    for    nesligent   in- 
jury.    48  L.R.A.  (N.S.)    102." 


SPIRITUAIilSM. 

As  insane  delusion.     37  L.R.A.  270. 

Effect  of  belief  in,  on  testamentary  capacity. 
10  L.R.A.  G77:   15  L.R.A.(N.S.)   674. 

Proliibition  of  obtaining  monev  by  spirit 
mcdiumship.     43   L.R.A.  (N.'S.)    203. 

Application  to  spiritual  mediums,  of  stat- 
ute regulating  practice  of  medicine. 
L.R.A.1917C,  828. 


INDEX  TO  L.R.A.  NOTES. 

SPONTANEOUSNESS. 


1241 


SPIRITUOUS    LIQUORS. 

Intoxicating  liquors,  generally,  see  Intox- 
icating Liquors. 

As  intoxicating  liquors.     20  L.R.A.  645. 
-  ♦ »» 

SPITE  FENCES. 
See  Fences.  §  6. 


SPITTING  BLOOD. 

\Yhat  constitutes  within  meaning  of  insur- 
ance policy.     23  L.R.A.(N.S.)   917. 


SPLINTERS. 


Master's  liability  for  injury  by  flying 
splinters,  see  Master  and  SeJrvant,  § 
82. 

Servant's  assumption  of  risk  of  being  in- 
jured by,  during  progress  of  work.  25 
L.R.A.  (N.S.)  364. 


SPLITTING   ACTION. 

Splitting  causes  of  action,  see  Action  ob 
Suit,  §  17. 


SPOLIATION. 


Liability    for   mutilation    or    spoliation    of 
will.    L.R.A.1917B,  558. 


SPOLIATOR. 


Presumption   against  spoliator  of  evidence, 
see  Evidence,  §  56. 


SPONGE. 

Liability  of  physician  or  surgeon  where 
sponge  is  left  in  incision.  46  L.R.A. 
(X.S.)    611. 

Consttit  also  L.R.A.  Digests  of  Cases, 


Of    confession.      18    L.R.A.(N.S.)    794;    60 
L.R.A.  (N.S.)  1077. 


SPORADIC  DANGERS. 

Duty  to  warn  servant  against,  see  Masteb 
AND  Servant,  §  74. 


SPORT. 

Sportive  act  of  servant,  see  Master  and 
Servant,  §  175. 

Homicide  while  engaged  in.     63  L.R.A.  383. 
Prohibition  of,  on  Sunday.     17  L.R.A.  830. 
Right  of  public  authorities  to  preserve  ice 
for.    3  L.R.A.(N.S.)   1103. 


SPORTIVE  ACT. 

Of  servant,  see  Master  and  Ser^^ant,  §  175. 


SPOTTING  CARS. 


Right  of  carrier  having  line  haul  to  make 
extra  charge  for  switching  or  spotting 
cars  at  terminals  or  sidetracks.  L.R.A. 
1918A,    164. 


♦  »» 


SPOUSE. 

See  Husband  and  Wifr 

*-^ 


SPREADING   DISEASE. 

Municipal  liability  for,  see  Municipal  Cob- 
POBATION8,  §76. 

• ♦-•-♦ 


SPRING. 

See  Waters,  §  78. 


SPRING  GUN. 


Civil  liability  for  injury  by,  see  Negli- 
gence, §  21. 

Criminal  responsibility  for  death  caused  by, 
upon  one's  own  property.  14  L.R.A. 
(N.S.)  346. 


1242 


INDEX  TO  L.R.A.  NOTES. 


SPRINKLING   STREETS. 

Assessments  for,  see  Pxjblic  Impbovemexts, 
§  15. 


SPRINKLING    TRACKS. 

Power  to  compel  street  railway  to  sprinkle 
tracks.     36  L.R.A.(N.S.)    235. 


♦  •» 


SPUR. 

See  Spub  Tracks  and  Sidings. 
♦-•-♦ 


SPURIOUS  CLAIM. 

Liability  for  procuring  judgment  on,  and 
enforcing  same  against  judgment  debt- 
or's  property.     36   L.R.A.(X.S.)    1112. 


SPURIOUS  INDORSEMENT. 

Who  must  bear  loss  where  check  or  draft 
is  purchased  or  paid  on  spurious  in- 
dorsement of  one  bearing  same  name 
as  payee  or  indorsee.  34  L.R.A.  (X.S.) 
1101. 


SPUR   TRACKS   AND    SIDINGS. 

§   1.  Generally. 

Compulsory  connection  with  side  tracks,  see 

Carriers,  §  149. 
Right  of  way  for,  see  Railroads,  g  36. 
Maintenance  of,  by  railroad,  see  Railroads, 

§  35. 

Maintenance  of  private  siding,  tap  line, 
connecting  tracks  or  other  switching 
facilities  as  carrying  on  the  business  of 
a  common  carrier.    L.R.A.1918B,  683. 

Loading  car  on  side  track  as  del'verv  to 
carrier.     .32  L.R.A.  (N.S.)    318. 

Right  of  carrier  having  line  haul  to  make 
extra  charge  for  switching  or  spotting 
cars  at  terminals  or  sidetracks.  L.R.A. 
1918A,  164. 

Power  of  municipality  to  compel  removal 
of,  from  street  and  highway.  L.R.A. 
1918B,  481. 

Power  to  compel  railroad  to  build,  main- 
tain, or  connect  with  side  tracks  for 
accommodation  of  sliippers.  28  L.R.A. 
(N.S.)  1013;  L.R.A.1915E,  682;  L.R.A. 
1918B,  795. 

Liability  of  railroad  company  to  servants 
of  persons  on  whose  premises  it  operates 
a  spur  track.     46  L.R.A.  100. 

§   2.  Condemnation  of  land  for. 

See  Eminent  Domain,  §  22. 


SPUR  TRACKS  AND  SIDINGS— cont'd 
§   3.  Contract   to   maintain. 

Validity,  as  affected  by  public  policy,  of 
contract  by  railroad  company  to  main- 
tain private  siding.  17  L.R.A. (X.S.) 
130. 

§   4.  As  nuisance. 

Presumption  of  statutory  authority  of  rail- 
road to  commit  nuisance  by  maintain- 
ing.    70  L.R.A.  589. 

Use  of,  as  a  nuisance.  32  L.R.A. (X.S.) 
375. 

§   5.  Fences  at. 

What  are  sidings,  within  meaning  of  fence 
laws.     7  L.R.A. (X.S.)   207. 


SPYING. 

Adtaissibility,  in  criminal  case,  of  testimony 
as  to  facts  learned  while  spying.  17 
L.R.A. (X.S.)  451. 


SQUARES. 

See  Pabks  and  Squares. 


CTABLES. 

Livery  stable,  see  Livery  Stable. 

Sanitary  regulations  as  to.  45  L.R.A. 
(X"S.)    575. 

Liability  of  landlord  to  tliird  persons  as  to 
condition  of.     26   L.R.A.   202. 

As  nuisances.  17  L.R.A. (N.S.)  1025;  49 
L.R.A.(N.S.)    958. 

As  within  restrictive  covenants  in  convey- 
ances of  real  estate.  34  L.R.A. (X.S.) 
730. 

As  a  violation  of  covenant  against  offensive 
building.     9  L.R.A. (X.S.)    1039. 


STAGE  COACHES. 


Begin  witJi  tJiis  hooTx  on  every  law  question. 


Authority  of  local  agent  of  person  operat- 
ing, to  contract  for  services  of  other 
persons.     L.R.A.1918F,  69. 

Applicability  of  doctrine  of  res  ipsa  lo- 
quitur where  accident  to  passenger  is 
occasioned  by  skidding  of  vehicle.  3 
B.  R.  C.  97.' 

Xegligence  in  starting,  before  passenger  is 
seated.     42  L.R.A.  296. 

Sufficiency  of  general  allegations  of  negli- 
gence.    59  L.R.A.  247. 

Imputing  negligence  of  driver  to  passenger. 
8  L.R.A.  (X.S.)   621;  L.R.A.3915A,  761. 

Servants  working  on,  as  fellow  servants. 
50  L.R.A.  436. 

Validity  of  restrictive  agreement  ancillary 
to  sale  of  stage  and  coach  lines.  24 
L.R.A.  (X.S.)  932;  L.R.A.1916C,  632. 


INDEX  TO  L.R.A.  NOTEiS. 


1243 


STAGINGS. 

Master's  liability  for  injury  to  servant  on, 
aee  Masteu'and  Servant,  §  84. 


STAIRWAY. 


g   1.  Easement  in. 

Implied  grant  of  easement  for,  in  partition 

deed.     3  L.R.A.(N.S.)    1082. 
Destruction     of    building    as    terminating 

easement    in    stairway.      L.II.A.1918D, 

413. 
Eight  to,  as  way  of  necessity  where  other 

possible    modes    of    access    exist.      17 

L.R.A.(X.S.)    1023. 

§  2.  Duty  and  liability  as  to  condi- 
tion of. 

Municipal  liability  for  injury  by  stairway 
in  street,  see' Highways,  §  '62. 

Dutv  of  storekeeper  toward  customer  as  to 
"condition    of.      21    L.R.A.(]Sr.S.)     461; 

L.R.A.1915F,  572. 
Municipal  liability  for  injury  by  stairway 

on  street  sides.     20  L.R.A.(N.S.)    622. 

§  3.  —of  landlord. 

Liability  of  landlord  as  to  condition  of 
stairway  not  controlled  by  tenant.  14 
L.R.A.  239;  23  L.R.A.  157;  3  L.R.A. 
(X.S.)    316. 

Landlord's  dutv  to  light  common  stairway. 
]    B.   R.   C.   107. 

Liability  of  landlord  for  personal  injuries  to 
wife  of  lessee.     L.R.A.1916F,  1152. 

Liability  of  landlord  for  personal  injury  by 
defect  in,  to  meml>er  of  lessee's  family 
other  than  wife.     L.R.A.1916F,  1161. 

Landlord's  liability  for  injury  to  servant  of 
tenant  on  common  stairway.  L.R.A. 
1016F,  1145. 

♦*» 


STAKEHOIiDER. 

Liability  of  stakeholder  or  depositary  of 
funds  to  be  held  in  connection  with  an 
illegal  transaction,     L.R.A.1918F,  972. 

• ♦•» 


STALLED  TRAIN. 

Liability  of  carrier  for  personal  injuries 
to  passenger  who  attempts  to  reach  his 
destination  by  other  means  because  of 
stalling  of  car  or  train.  L.R.A.1917F, 
357. 


STALLIONS. 


§    1.  Generally. 

Right  of  municipality  to  prohibit  the  keep- 
ing, standing,  or  exhibiting  of.  11 
L.R.A.  I  X.S.)   736. 

8   2.  License   for   keeping  of. 

Effect  of  failure  to  procure  license  on  right 
to  recover  for  services  of.  1  L.R.A. 
(X.S.)    1159. 

Consttit  also  L.R.A.  Digests  of  Cases. 


STALLIOXS— cont'd 

Validity  of  contract  by  unlicensed  owner  of. 
12 'L.R.A. (X.S.)   617. 

§   3.  Warranty  of. 

Implied  warranty  of  fitness  of.  15  L.R.A. 
(X.S.)   868;  31  L.R.A. (X.S.)   783. 

Express  warranty  as  to,  as  excluding  im- 
plied warranty.     33  L.R.A.  (X.S.)    505. 


STALLS. 

On  sidewalk,  as  a  nuisance  under  municipal 
control.     39  L.R.A.  661. 


STAMPED    SIGNATURE. 

Sufficiency    of,    within    statute    of    frauds. 

37  L.R.A.(X.S.)  352. 
On    legal    process    or    other    legal    papers. 

L.R.A.1917B,  285. 


STAMPS. 

Effect  of  omitting  revenue  stamp  from  in- 
strument, see  Internal  Revenue,  § 
2. 

Trading  stamps,  see  Trading  Stamps, 

Signature  to  instrument  by.    22  L.R.A,  301. 
Sufficiency  of  signature  to  will  by  stamp. 
L.R.A.1915D,  906. 


STAMP   TAX. 

See  Internal  Revenue. 

» * » 


STANDARD. 

For  comparison   of   handwriting,   see   Evi- 
dence. 


♦  •» 


STANDARD    TIME. 

See  Time,  §  13, 

♦ « » 

STANDING. 

Standing   ion    driven   vehicle   as   negligence. 

19  L.R.A.(X.S.)    223, 
Standing  on  moving  veliicle  by  fireman  as 

negligence,      19   L.R.A. (X.S.)    630. 


STANDING   TIMBER. 


See  Timber. 


1244 


INDEX  TO  L.R.A.  NOTES. 


STANDING    WATER. 

Rights  in.     19  L.R.A.  92. 

#-►♦ > 

STARE   DECISIS. 

See  CouBTS,  §  59. 

» * » 

STARVATION. 

Of    cattle    during   transportation,    carrier's 
dut7  to  prevent.    39  L.R.A.  (N.S.)  643. 

♦  >» 


STATE. 

I.  In  general,  §§  1-3. 
II.  Rights  and  powers  of,   §§  4-7 . 

III.  Suit  by,  §§  8,  9. 

IV.  Liabilities  of,  §§    10-12. 
F.  Claims   against;    indebtedness    of, 

§§  13-15. 

I.  In  general. 

§   1.  Generally. 

Officers  of,  see  Auditor;  Attobnet  Gen- 
eral; Comptroller;  Engineer;  Gov- 
ernor; Legislature;  Secretary  of 
State;  Surveyor  General;  Treas- 
urer. 

Bonds  of,  see  Bonds,  III. 

Boundary  of,  see  Boundaries,  §§  1-3. 

Interference  with  local  self-government  by, 
see  Constitutional  Law,  §  20a. 

Municipal  power  as  to  crimes  under  state 
law.  see  Criminal  Law,  §  70. 

Estoppel  of,  see  Estoppel,  I. 

Injunction  against  waste  or  unlawful  use 
of  state  funds,  see  Injunction,  §  61b. 

Validity  of  ordinance  on  matters  covered 
by  state  laws,  see  Municipal  Corpora- 
j-ioNS,  §  25. 

Priority  of  claims  by  or  against,  see  Insol- 
vency, §  8;  Priority,  §  3. 

State  institutions,  see  State  Institutions. 

Statutes  of,  see  Statutes. 

Subordination  or  suspension  of  state  law 
during  war.     L.R.A.1918F,  561. 

Giving  of  free  service  or  reduced  rates  by 
public  service  corporation  to  state  agen- 
cies as  an  unlawful  discrimination. 
L.R.A.1918D,  906. 

Power  at  suit  of  state  to  appoint  receiver 
for  foreign  corporation  for  which  no 
domiciliary  receiver  has  been  ap- 
pointed.    L.R.A.1917D,   302. 

Governor's  power  to  employ  counsel  for. 
55  L.R.A.  493. 

Removal  of  separable  controversy  in  which 
state  is  a  party.     5  L.R.A. (N.S.)   56. 

Duty  of,  to  advance  fees  of  witnesses  sum- 
moned on  its  behalf.  31  L.R.A. (N.S.) 
781. 

Confiscation  by,  of  fish  nets  found  in  illegal 
use.      3    L.R.A.  (N.S.)    997. 

Prevention  of  illegal  removal  of  state  capi- 
tal.    34  L.R.A.  (N.S.)   380. 

Begin  with  this  booTc  on  every  laiv  question 


]  STATE,  L— cont'd 
Exemptions  as  against  fines  and  penalties 

when    state    is    the    plaintiflf.     L.R.A. 

1915A,  1216. 
Nullification  or  breach  of  state  contract  as 

impairment   of   obligation    of   contract. 

45   L.R.A. (N.S.)    721. 
Revival  of  judgment  in  favor  of  state.     47 

L.R.A. (N.S.)    905. 
Validity   of   statute   fixing   minimum   wage 

for    employees    of    state.       51    L.R.A. 

(N.S.)   687. 
Claims  of  state  as  within  statute  or  ordi- 
nance requiring  notice  or  presentation 

as  a  condition  of  municipalitv  liability. 

50   L.R.A.(N.S.)    184. 

§   2.  Admission  of. 

Generally.     12  L.R.A.  673. 

Efi"ect  of  admission  of  state  into  the  Union 

upon  ordinance  of  1787.    52  L.R>A. 

(N.S.)    305. 

§  3.  Taxation  of  property  of. 

Municipal  assessment  of  propertv  of.  23 
L.R.A.   807. 

Propertv  leased  by  state  as  subject  to  tax- 
ation. 35  L.R.A.  (N.S.)  167;  52  L.R.A. 
(N.S.)   991. 

Taxation  of  property  located  in  one  state 
but  belonging  to  another.  50  L.R.A. 
(N.S.)  243. 

II.  Rights   and  powers   of. 

§   4.  Generally. 

Right  to  appeal  in  criminal  case,  see  Appeal 
and  Error,  §  7a. 

Power  to  regulate  commerce,  see  Commerce, 

Priority  of  claim  of  state,  see  Insolvency, 
§  8;  Priority,  §  3. 

As  to  the  right  to  engage  in  works  of  in- 
ternal improvement,  see  Internal  Im- 
provements. 

Power  to  restrict  or  regulate  sale  or  enjoy- 
ment of  patent  right,  see  Patents,  §  13. 

Right  to  require  services  of  witness  without 
compensation,  see  Witnesses,  §  49. 

Applicability  as  against  state  of  presump- 
tion of  payment  from  lapse  of  time. 
L.R.A.1916B,  739. 

Power  to  regulate  inheritance  by  alien.  31 
L.R.A.  179. 

Power  of  state,  under  14th  Amendment,  to 
deny  to  aliens  the  right  to  engage  in  a 
lawful  occupation.  11  L.R.A. (N.S.) 
799. 

Power  of  state  to  engage  in  enterprises  gen- 
erally conducted  by  private  person  or 
corporation.     42   L.R.A. (N.S.)    221. 

State  guardianship  of  children.  15  L.R.A. 
593. 

Power  of  state  to  regulate  burials  'and 
cemeteries.     27   L.R.A.  (N.S.)    262. 

Power  of  state  to  make  estate  of  person 
committed  to  insane  asylum,  or  his 
relatives,  liable  for  cost  of  his  main- 
tenance therein.     24  L.R.A.  (N.S.  i    295.1 

Power  to  restrict  and  regulate  sale  or  en- 1 
jovment   of   patent   rights.      29   L.R.A. ; 
86. 


INDEX  TO  L.R.A.  NOTES. 


1245 


STATE,  II.— cont'd 

Power  of  state  under  Federal  Constitution 
to  legislate  with  respect  to  Armv  and 
Navy.    L.R.A.1918C,  307. 

Power  of  state  as  to  international  or  inter- 
state ferries.     52  L.R.A.  (N.S.)   574. 

Right  of  state  to  authorize  or  direct  di- 
version of  county  funds  to  purpose 
otlier  than  that  for  which  collected. 
L.R.A. 1915D,  274. 

Power  of  state  to  make  binding  contract  as 
to  rates  of  public  service  corporation. 
L.R.A.1915C,  262. 

Power  to  control  private  charity.  L  R.A. 
1916D,  912. 

Right  of  state  to  contest  will  so  as  to  es- 
cheat the  property.  2  L.R.A. (N.S.) 
643;  L.R.A.1918A,  475. 

Right  to  require  railroad  company  to  equip 
its  road.     13   L.R.A. (N.S.)    320. 

Right  of  state  to  control  municipal  fire  de- 
partment.    15   L.R.A. (N.S.)    575. 

Effect  of  laches  on  state's  right  to  oust  a 
corporation  of  its  rights  and  franchise. 
14  L.R.A. (N.S.)    336. 

Extent  and  limit  of  state  authority  over 
consolidated  interstate  transaction. 
24  L.R.A. (N.S.)   769. 

Right  to  appeal  in  criminal  case.  19  L.R.A. 
342. 

§   5.  As  to  taxes. 

Taxation  by,  generally,  see  Taxes. 

Power  to  tax  Federal  agencies,  instrumen- 
talities, or  property,  see  Taxes,  §§  6, 
7. 

Power  and  jurisdiction  of,  to  ta.x  corporate 
franchises.     57   L.R.A.  34. 

Taxation  of  property  located  in  one  state 
but  belonging  to  another.  50  L.R.A. 
(N.S.)    243. 

§   6.  Property  rights. 

State    ownership    of    waters,    see    Waters, 

§  8. 
As  trustee  in  chantabh'  bequest.     14  L.R.A. 

(N.S.)    113. 
Ownership  of  waters  by.     50  L.R.A.  737. 
Title  to  islands  as  between  state  and  sub- 
ject.    58   L.R.A.  673. 
Rights  in  literary  work  done  in  connection 

with    official    duties.      5    L.R.A. (N.S.) 

1193. 
Power  of   state   to   secure   title  to  private 

property    by    adverse    possession.      15 

L.R.A.(N.S.)   1120. 
Right  to  erect  wharves.     40  L.R.A.  647. 

§   7.  Conveyance  or  grant  by. 

Right   of,    to   grant   tide   land.      22   L.R.A. 

(N.S.)   337. 
Conveyance  bv  state  of  land  held  adversely. 

35  L.R.A*. (N.S.)  747. 

III.  Suit  by. 

§  8.  Generally. 

Applicability  in  cases  where  the  state  is 
■  the  complainant  of  doctrine  that  a  cor- 
poration may  be  estopped  from  plead- 
ing ultra  vires  in  an  action  against  it. 
L.R.A.1917A,    856.      • 

€!onsuU  also  L.R.A.  Digests  of  Cases. 


STATE,  III.— cont'd 

Right  of  state  to  maintain  action  to  recover 
excess  rates  or  charges  exacted  of  indi- 
viduals by  public  service  corporations. 
LR.A  1916C,  336. 

As  proper  party  to  maintain  bill  to  abate 
or  enjoin  public  nuisance  in  city  street. 
19  L.It.A.lN.S.)   1173. 

Right  of  state  to  maintain  action  to  abate 
or  enjoin  bawdyhouse.  L.R.A.1918D, 
821. 

Injunction  at  suit  of,  against  public  nui- 
sance which  is  also  a  crime.  15  L.R.A. 
(N.S.)    747;   23  L.R.A. (N.S.)    691. 

Injunction  at  suit  of  state  against  public 
nuisance  which  is  also  a  crime.  33 
L.R.A. (N.S.)  325;  47  L.R.A. (N.S.)  673. 

Applicability  of  statute  of  limitations  to 
actions  by  agencies  of  state.  3  L.R.A, 
(N.S)  746;  22  L.R.A.(N.S.)  921; 
L.R.A.1916E,  96. 

§  9.  Right  of  set-off,  counterclaim,  or 
recoupment  in. 

In  generaL  33  L.R.A. (N.S.)  377. 
By  statute.  33  L.R.A. (N.S.)  379. 
Right  to  affirmative  relief.    33  L.R.A. (N.S.) 

381 
Miscellaneous.     33   L.R.A. (N.S.)    382. 
Taxation   cases.     33   L.R.A.(N.S.)    382. 
Public  improvement  cases.    33  L.R.A, (N.S.) 

385. 

IV.  Liabilities  of, 

§    10.  Generally. 

Liability  for   interest,  see  Interest,  §  16. 
Liability  for  public  improvement,  see  Pub- 
lic Improvements,  §§  17,  18. 

Applicability  to  states  of  Workmen's  Com- 
pensation  Acts.     L.R.A.1918F,   190. 

Circumstances  under  which  employee  of 
state  may  recover  remuneration  for 
extra  work.     30  L.R.A,  (N.S.)   660. 

§    11.  For  torts  or  negligence. 

Claim  against  state  for  damages  from.  42 
L.R.A.  64. 

Liability  of  state  for  injury  in  state  build- 
ing.    42  L.R.A.  (N.S.)   251. 

Liability  of  eleemosynary  institution  main- 
tained by,  for  personal  tort  of  agent  or 
servant.     4   L.R.A. (N.S.)    269. 

School  district  as  agency  of  state  not  liable 
for  tort.     49  L.R.A. (N.S.)    1026. 

Conducting  state  fair  or  exposition  as  exer- 
cise of  governmental  or  private  function 
respecting  liability  for  injury  to  patron. 
L.R.A.1915E,  469. 

§12.  Liability  to   suit. 

When  action  against  officers  is  deemed  to 
be  action  against  the  state.  44 
L.R.A.(N.S.)    189. 

When  claim  against  state  deemed  based  on 
contract  within  statute  permitting  ac- 
tion against  state.  42  L.R.A. (N.S.) 
256. 

Immunity  from  suit  of  state  institution  not 
of  a  political  or  governmental  charac- 
ter.    35  L.R.A.(N.S.)   243. 


1246 


INDEX  TO  L.R.A.  NOTES. 


STATE,— cont'd 

'  F.  Claims   against ;   indebtedness   of, 

§    13.  Claims  against. 

Running  of  limitations  on,  see  LIMITATION 

OF  Actions,  §  16. 
Priority  of  claims  by  or  against,  see  Pbiob- 

ITY,   §   3. 

When  claim  against  state  deemed  based  on 
contract  within  statute  permitting  ac- 
tion against  state.  42  L.R.A.  (N.S.) 
256. 

Acceptance  of  partial  allowance  of  claim 
as  an  accord  and  satisfaction.  42 
L.R.A.(N.S.)   117. 

§  13a.  —  wliat  claims  are  valid  de- 
mands against  state. 

Generally.     42  L.R.A.  33. 

Summary  of  cases  in  regard  to  claims.     42 

L.R.A.  37. 
For  per  diem.    42  L.R.A.  40. 
For  costs,     42  L.R.A.  41. 
For  fees.     42  L.R.A.  44. 
For  services.    42  L.R.A.  47. 
For  expenses.     42  L.R.A.  49. 
For  attorneys'  fees.     42  L.R.A.  51. 
For  salary.     42  L.R.A.  53. 
On  contracts.     42  L.R.A.  54. 
By  public  institutions.     42  L.R.A.  63. 
For  bounty  and  reward.     42  L.R.A.  63. 
For  damages  from  negligence  and  torts.    42 

L.R.A.  64. 
Under  public  liealtii  laws.     42  L.R.A.  65. 
For   injuries  arising  on   canals  and  water- 
courses.    42  L.R.A.  65. 
For  refunding  money  paid  to  the  state.     42 

L.R.A.  69. 

§  4.  Indebtedness  of. 

Implied  exemption  of  state  bonds.  7  L.R.A. 
(N.S.)    663. 

§    15.  —  limitation  of. 

As  to  what  time  is  assessed  valuation  to 
be  taken  for  purpose  of  determining 
debt  limit  of  state.  28  L.R.A. (N.S.) 
149. 

Rule  for  determining  the  indebtedness  with- 
in the  meaning  of  debt  limit  provisions, 
where  boundaries  of  difl'erent  political 
units  are  wholly  or  partly  coincident. 
L.R.A.1917E,  468. 


♦  ♦» 


STATE  BAXKS. 

See  Banks,  §  49. 

♦♦-♦ • 


STATE  COURTS. 

See  CouETS,  §§   33,  34. 


STATE  UNIVERSITIES. 
STATED    ACCOUNT. 

As  quasi  corporations.     29  L.R.A.  381. 
See  Accounts,  §  2.  Free  tuition  in.    L.R.A.1918F,  681. 

Begin  tvith  this  book,  on  every  law  question. 


STATE  INSTITUTIONS. 

§   1.  Generally. 

Commitment   of    infants    to,    see    Infants, 
§  8. 

Officers  of,  as  public  officers.  17  L.R.A. 
246. 

Taxes  by  county  for.     17  L.R.A.  795. 

Claim   by,   against  state.     42   L.R.A.  63. 

Liability  of  state  for  injury  in  any  state 
bui'lding.     42  L.R.A. (N.S.)    251.' 

Residence  at,  for  purpose  of  voting.  25 
L.R.A.  215. 

State  university  as  quasi  corporation.  29 
L.R.A.  381. 

Immunity  from  suit  of  state  institution* 
not  of  a  political  or  governmental 
character.     35   L.R.A.  (XiS.)    243. 

Conducting  state  fair  or  exposition  as  exer« 
cise  of  governmental  or  private  func- 
tion respecting  liability  for  injury  to 
patron      L.R.A. 1915E,  469. 

Right  of  county  or  municipality  to  use  pub- 
lic funds  to  secure  the  retention  or  lo- 
cation of  a  state  institution  v.ithin  ita 
limits.     L.R.A.1917E,  845. 

§  2.  Nature  of  incorporated  institu- 
tions belonging  to  state. 

Nature  of  incorporated  institutions  belong- 
ing to  the  state.     20  L.R.A.  378. 

♦-•-♦ 


STATE   LAW. 

Subordination  or  suspension  of,  during  wan 
L.R.A.1918F,  561. 


STATEMENT. 


Of  mechanics'  lien,  see  Mechanics'  Liens, 

§§  26,  27. 

Right  of  court  to  instruct  jury  as  to  statu- 
tory statement  by  accused.     19  L.R.A. 

(N^S.)    827. 


STATE    MILITIA. 


See  Militia. 


STATE'S   EVIDENCE. 

Eflfect  of  agreement  for  immunity  of  ac- 
complice testifying  for  prosecution,  see 
Criminal  Law,  §  34. 

Admissibility  of  promise  to  obtain  com- 
promise* after  repudiation  of  agreement 
to  turn  state's  evidence.  18  L.R.A. 
(N.S.)    823. 


INDEX  TO  L.R.A.  NOTES. 


1247 


STATION. 

Duty  of  carrier  to  passengers  in  relation  to, 

see  Carriers,  §§  70,  72. 
Governmental    regulations    concerning,    see 

Carriers,  §§  161,  162. 
Contract  in  relation  to,  see  Railroads,  §  27. 


STATION  AGENT. 


As  fellow  servants.     52  L.R.A.(N.S.)    1105. 

Autliority  of  station  agent  of  initial  carrier 
to  extend  its  undertaking  bevond  its 
own   line.     31   L.R.A.(N.S.)    33. 


ST.\TION  MASTER. 

Authority    of,    to    contract    for   services    of 
other  persons,     L.R.A.1918F,  60. 


STATIONARY    ENGINES. 

Negligence    as    to    spark    arresters    on.     1 
L.R.A.(X.S.)  530. 


STATIONERY. 


Right  of  taxpayer,  in  absence  of  statute,  to 
enjoin  unlawful  expenditures  by  mu- 
nicipality for  stationery.  36  L.R.A. 
(N.S.)   22. 


STATION    GROUNDS. 

Power  to  lav  out  streets  or  highways  over. 
24  L.R.A.(X.S.)  1213. 


STATIONS. 

Duty    of    carrier    to    passengers    in    rela- 
"tion  to,  see  Carriers,  §§  45,  46,  70-72, 
94. 
Governmental    regulations    concerning,    see 

Carriers,  §§  161,  162. 
Contracts    in    relation    to,    see    Railroads, 
§  27. 

♦■»♦ 

STATISTICS. 

Constitutional itv  of  statutes  in  relation  to 
vital  statistics.     39  L.R.A.(N.S.)   1015. 

♦>» 

STATUS. 

Presumptions  and  burden  of  proof  as  to,  see 

Evidenck.  §§  22-24. 
Of  adopted  child,  see  Parent  and  Child, 

§§  17.  18. 


STATUTE   OF  LIMITATIONS.  ■ 

See  Limitation  of  Actions. 


STATUTE  OF  FRAUDS. 

Pee  CoxTRACTS.   §§   25-59. 

Consult  also  L.R.A.  Digests  of  Cases. 


STATUTES. 


I.  In  general,  §§  1,  2. 
II.  Enactment ;   validitif,   §§  3-lS. 

a.  Enactment;  adoption;  taking 

effect,  §§  ,i-7. 

b.  Yalidity  generally,  §§  8-10, 

c.  Proof    of,     legislative    jour- 

nals; conclusiveness  of  en- 
rolled  hill,    §§    11,    12. 

d.  Entitling ;   plurality   of  sub- 

ject,   §§    13,    14. 

e.  General  and  special;  classi- 

fication,  §§    15-18. 

III.  Construction;  operation;  effect,  §§ 

19-28. 

a.  In  general,   §§   19-22. 

b.  Meaning  of  ivords;   manda- 

tory   or   directory,    §§    23, 
24. 

c.  Construction    of   penal    stat- 

utes; strict  or  liberal  con- 
struction,   §§    25,  26. 

d.  Adopted   or  re-enacted  stat- 
,  utes,    §27. 

e.  Pi'ospective  or  retrospective, 

§  28. 

IV.  Amendment ;  re-enacttnent ;  repeal, 

§§  29-35. 

a.  Amendment;     re-enactment, 

§§  29,  30. 

b.  Repeal,    §§   31-35. 

I.  In  general. 

§    1.  Generally. 

Extraterritorial  enforcement  of,  see  Con- 
flict OF  Laws. 

Validity  of  contract  for  services  to  procure 
legislation,  see  Contracts,  §  102. 

Presumption  as  to,  see  Evidence.  §§  19,  20. 

Presumption  as  to  statutes  of  other  state, 
see  Evidence,  §  20. 

Pure  food  statute,  see  Food. 

Validity  of  ordinance  on  matters  covered 
by  statute,  see  Municipal  Corpora- 
tions, §  25. 

Violation  of,  as  negligence,  see  Negligence, 
§  10. 

Duties  imposed  on  railroad  by,  see  Rail- 
roads, §  50. 

Regulation  of  speed  of  railroad  train  by,  see 
Railroads,  §  72. 

Removal  of  officer  for  failure  to  enforce 
criminal  or  penal  law.  L.R.A.1918F, 
1049. 

Mandamus  to  compel  delivery  of  copy  or  to 
require  promulgation  of  an  act  passed 
bv  the  legislature.  22  L.R.A,  (N.S.) 
1089. 

Power  of  municipal  corporation  or  govern- 
mental body  to  use  public  funds  to 
promote  the  passage  or  to  secure  the 
defeat  of  a  law.     L.R.A.1917B,  358. 

§   2.  Violation   of. 

Validity  of  contract  in  violation  of,  see  Con- 
tracts, §§  75,  76. 


1248 


INDEX  TO  L.R.A.  NOTES. 


STATUTES,  I.— cont'd 

Violation  of  statute  by  master  as  basis  of 

of   action,    see   Master   and   Servant, 

§§  54-57a. 
Violation  of,  as  negligence,  see  Negligence, 

§  10. 
Private  action  for  violation  of,  see  Private 

Action,  §  3. 
Negligence    of    street   railway   company    in 

violation  of,  see  Street  Railways,  § 

11. 

Suit  for  statutory  penalty  as  a  civil  or 
criminal  prosecution.  27  L.R.A.  (N.S.) 
739. 

Criminal  responsibility  for  violation  of  stat- 
ute after  judicial  ruling  that  it  was 
unconstitutional  and  before  such  ruling 
had  been  changed.  33  L.R.A. (N.S.) 
788. 

Violation  of  statute  or  ordinance  by  plain- 
tiff as  precluding  recovery  for  negli- 
gence in  action  by  or  against  driver  or 
owner  of  automobile.  L.R.A.191oE, 
959. 

Violation  of  law  by  operator  of  automobile 
as  aflfecting  defense  of  contributory  neg- 
ligence.   L.R.A.1915D,  968. 

II.  Enactment;   validity. 

a.  Enactment;  adoption;  talcing  effect. 

§   3.  Generally. 

Conclusiveness    of    enrolled    bill    as    to,    see  [ 

infra,  §  12. 
Making  statute  contingent  on  approval  by* 

the   people,   see  Constitutional  Law, 

§  12. 
Passage  of,  as  excuse  for  nonperformance 

of  contract,  see  Contracts,  §  124a. 
Initiative  and  referendum,   see  Initiative, 

Referendum,  and  Recall,  §  1. 
Enactment  of  ordinance,  see  Municipal  Cob- 

PORATIONS,    §    21. 

Validity   of   Workmen's  Compensation   Act 
as  affected  by   failure  to  observe  for- 
malities   in    passing   the    act.      L.R.A. 
1917D,  63. 
Adoption  of  English  statutes  as  part  of  com- 
mon law.     22  L.R.A.  508. 
Power  of  legislature  to  enact  a  Code  or  com- 
pilation of  laws,  or  amend  many  or 
undesignated    section?    thereof,    by 
a  single  statute.     55  L.R.A.  833. 
§   3a.  Necessity  of  enacting  clause. 
In   absence   of    constitutional   provision    re- 
quiring   an     enacting    clause.      L.R.A. 
1915B,  1060. 
Under   Constitution   requiring  an   enacting 
clause.     L.R.A.1915B,  1060. 

§  4.  Revenue  bills. 

What  are  acts  for  raising  revenue  which 
must  originate  in  the  lower  branch  of 
the  legislature.     35  L.R.A.  188. 

Attack  on  enrolled  bill  for  improper  origin 
of.     40  L.R.A.(N.S.)  13.  . 

§   5.  Governor's  part  In  enactment. 

Withdrawal  of  bill  from  governor.  14  L.R.A. 

251. 
Begin  with  this  "book  on  every  latv  question. 


STATUTES,  II.  a— cont'd 

Power  of  governor  to  veto  part  onlv  of  stat- 
ute.    55  L.R.A.  882. 

Attack  on  enrolled  bill  for  nonpresentation 
to  governor  within  time  prescribed  by 
Constitution.     40  L.R.A.  (N.S.  i   23. 

Attack  on  enrolled  bill  for  nonapproval  by 
governor.     40  L.R.A. (N.S.)   23. 

Resort  to  legislative  journals  to  show  pas- 
sage of  bill  over  governor's  veto.  40 
L.R.A.(N.S.)  34. 

Attack  on  enrolled  bill  passed  at  special 
session  not  within  scope  of  governor's 
message  or  proclamation.  40  L.R.A. 
(N.S.)    27. 

§  6.  —  signing  after  adjournment  of 
legislature. 

Right  of  the  executive  to  sign  a  bill  after 
the  adjournment  of  the  legislative 
bodies.     37  L.R.A.  391. 

§  7.  Time  of  passage  of,  and  tali:ing  ef- 
fect. 

What  is  the  time  of  "passage"  of.    15  L.R.A. 

243. 
First  and  last  days  in  computing  time  of 

enactment.     49   L.R.A.   243. 
Construction    of    constitutional    limitations 
as  to  time  for  introduction  of  bills 
in      legislative      assemblies.        67 
L.R.A.  965. 
Impeachment  of   bill   by  showing  introduc- 
tion   of    it   after   time    limited    bv 
constitution.     40  L.R.A. (N.S.)    12. 
Time  when  initiated  measure  takes  effect. 
50  L.R.A. (N.S.)   209;  L.R.A.1917B,  25. 
Time  when  statute  which  is  subject  to  refer- 
endum takes   effect.      50   L.R.A. (N.S.) 
210;   L.R.A.1917B,  25. 

b.  Validity,   generally. 

§   8.  Generally. 

Necessity  of  enacting  clause,  see  supra,  § 
3a. 

Power  to  cure  unconstitutional  act  by 
amendment,  see  infra,  §  30. 

Constitutionality  of  statute,  generally,  see 
Constitutional  Law. 

Constitutional  provisions  protecting  private 
rights,  see  Constitutional  Law. 

Curative  acts,  see  Constitutional  Law,  §§ 
9,  10. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §§  19,  20. 

Unconstitutionality  of  statute  as  defense 
against  mandamus  to  compel  its  en- 
forcement, see  Mandamus,  §  20. 

Right  in  a  collateral  proceeding  to  raise 
the  question  of  the  validity  of  a  stat- 
ute upon  which  a  proceeding  in  a 
criminal  case  ia  based.  L.R.A. 1918D, 
1007. 

Consideration  of  extrinsic  evidence  to  show 
unconstitutionalitv  of.  14  L.R.A.  459; 
L.R.A.1915D,  458.' 

Unconstitutionality  of  statute  as  defense 
against  mandamus  to  compel  its  en- 
forcement. 47  L.R.A.  512;  24  L.R.A. 
(N.S.)   1260. 


INDEX  TO  L.R.A.  NOTES. 


1249 


.•STATUTES,  II.  b— cont'd 

Prohibition  against  proceeding  under  uncon- 
stitutional statute.  1  L.R.A.(N.S.) 
843. 

Effect  of  removal  of  constitutional  objec- 
tions to  a  statute.   48  L.R.A.(N.S.)  349. 

Definitcncss  of  statute  establishing  juvenile 
courts.     45  L.R.A.(X.S.)    908. 

S   9.  Who  may  question  validity. 

•Of  anti-trust  law,  see  Monopoly  and  Com- 
binations, §  15. 

Who   may   raise    objection   that   a   statute 
contains    an    unconstitutional    dis- 
crimination.    32  L.R.A.(N.S.)  954. 
Right  of  relator  in  mandamus  proceedings 

to   attack   constitutionality    of    statute 

relied  upon  bv  respondent.     16  L.R.A. 

(N.S.)  26G. 
Wlio   may   question    validity   of   workmen's 

compensation   act.     L.R.A.1916A,  412; 

L.R.A.1917D,  63. 
Who  may  question  validity  of  the  Torrens 

Law.     L.R.A.191C)D,  42. 

§    10.  Partial  invalidity. 

■Of  civil  service  laws.     34  L.R.A.  (N.S.)  484. 


■c.  Proof  of,   legislative  journals;   con- 
clusiveness of  enrolled  hill. 

§   11.  Generally. 

Judicial  notice  of  legislative  journals,  see 
Evidence,  §  5. 

Legislative  journals  as  evidence.    23  L.R.A. 

340;   40  L.R.A. (N.S.)    1. 
Judicial  notice  of  existence  and  contents  of. 

40  L.R.A.(N.S.)    38. 

§    12.  Conclusiveness   of   enrolled   bill. 

•Generally.    23  L.R.A.  340;  40  L.R.A.  (N.S.) 

]. 
Conflicting  rules.     2  L.R.A.  348;  40  L.R.A. 

(N.S.)   4. 
Particular  grounds   of   attack.     40   L.R.A. 

(N.S.)   12. 
Impeachment  of  bills  of  evidence  other  than 

legislative   journals.     40   L.R.A. (N.S.) 

30. 
Resort  to  legislative  journals  in  aid"  of  bill. 

40  L.R.A.(N.S.)   33. 
Resort  to  evidence  other  than  journals  in 

aid  of  bill.     40  L.R.A. (N.S.)    34. 
Resort  to   journals  to   determine   which  of 

two  inconsistent  bills  is  in  force.     40 

L.R.A.  (N.S.)    35. 
•Conclusiveness     of     journal     recitals.       40 

L.R.A.(N.S.)   35. 
Effect  of  inconsistent  journal  entries.     40 

L.R.A. (N.S.)  36. 
Presumption  of  regular  enactment  of  bills. 

40   L.R.A.(N.S.)    36. 
TJegality  of  enactment  of  bill  as  question  of 

law.     40  L.R.A. (N.S.)   37. 
Necessity  of  pleading  illegal  enactment  of 

bill.     40  L.R.A.(N.S.)   37. 
Proof  of  existence  and  contents  of  journals. 

40  L.R.A. (N.S.)   38. 
Consult  also  L.R.A.  Digests  of  Cases. 


STATUTES,  II.— cont'd 

d.  Entitling;  plurality  of  subjects. 

§    13.  Generally. 

Necessity  and  sufficiency  of  reference  in  title 
of  statute  to  appropriations  to  put  its 
purpose  into  effect.     L.R.A.1917B,  812. 

Sufficiency  of  title  of  statute  embodying  a 
Code  or  compilation  of  laws.  55 
L.R.A.   836. 

Single  statute  embodying  Code  or  compila- 
tion of  laws  as  afl'ected  by  prohibition 
against  plurality  of  subjects.  55 
L.R.A.    840. 

Provision  in  act  against  giving  away  of  in- 
toxicating liquors  where  title  only  pro- 
hibits or  regulates  its  sale  as  contra- 
vening tiie  constitutional  provision 
that  the  subject  of  every  bill  be  ex- 
pressed in  its  title.  15  L.R.A. (N.S.) 
430. 

Validity  of  statute  or  ordinance  authoriz- 
ing a  levying  of  taxes,  incurring  of  in- 
debtedness, or  the  appropriation  of 
monev,  for  two  or  more  purposes.  14 
L.R.A.(N.S.)    519. 

Sufficiency  of  title  of  civil  service  laws.  34 
L.R.A.  (N.S.)    483, 

Sufficiency  of  title  of  primary  election  laws. 
22  L.R.A.(N.S.)  1137;  41  L.R.A. 
(N.S.)   133;  L.R.A.1917A,  260. 

Sufficiency  of  title  of  act  as  to  licensing 
automobiles.     52  L.R.A. (N.S.)    956. 

Sufficiency  of  title  of  statutes  in  relation 
to  vinegar.    49  L.R.A.  (N.S.)   1206. 

Title  of  the  Torrens  Act.    L.R.A.1916D,  20. 

Validity  of  statute  providing  for  attorney's 
fee  as  affected  by  title  to  act.  L.R.A. 
1915E,  949. 

Validity  of  Workmen's  Compensation  Stat- 
ute as  affected  by  title.  L,R.A.1917D, 
62. 

Title  as  aid  to  construction.    2  L.R.A.  610. 

§   14.  Amendatory  or  revisory  laws. 

Sufficiency    of    title    of    statute    amending 
many  or  undesignated  sections  of 
Code  or  compilation   of   laws.     55 
L.R.A.  842. 
Single  statute  amending  many  sections  of 
Code  or  compilation  of  laws  as  affect- 
ed by  prohibition  against  plurality  of 
subjects.     55  L.R.A.  850. 

e.  deneral  and  special;  classification. 

§   15.  Generally. 

As  to  equal  protection  and  privileges,  see 
Constitutional  Lavt,  IX.  b. 

General  laws  must  be  enacted  where  appli- 
cable; legislative  discretion.  14  L.R.A. 
566. 

Validity   of   classification    in   Sunday   law. 
.14     L.R.A.(N.S.)      1259;      32     L.R.A. 
(N.S.)    1190. 

Primary  election  law  as  special  or  local 
law.  22  L.R.A.(N.S.)  1139;  41  L.R.A. 
(N.S.)  135. 

Local   and  special  civil  service  legislation. 
34  L.R.A.('N.S.)    483. 
79 


1250 


INDEX  TO  L.R.A.  NOTES. 


STATUTES,  II.  e— cont'd 

Statute  providing  for  commission  form  of 
government  as  special  and  local  legis- 
lation.   41  L.E.A.(N.S.)   112. 

Constitutionality  of  private  statutes  to  au- 
thorize disposal  of  property.  16 
L.R.A.  251. 

Curative  act  as  special  legislation.  5 
L.R.A.(N.S.)  327;  22  L.R.A.(N.S.) 
534;    42   L.R.A.(N.S.)    465. 

Consideration  of  extrinsic  evidence  to 
show  unconstitutionality  of  statute  at- 
tacked as  local.     14  L.R.A.  459. 

Attack  on  enrolled  bill  for  failure  to  give 
notice  of  application  for  passage  of. 
40   L.R.A.(N.S.)    28. 

Statute  establishing  juvenile  court  as  a 
special  or  local  law.  45  L.R.A.  (N.S.) 
911. 

Statute  licensing  automobiles  as  local  or 
specific  act.     52  L.R.A. (N.S.)    9.57. 

The  Torrens  Law  as  special  or  local.  L.R.A. 
1916D,  20. 

Statute  requiring  license  to  keep  inn,  hotel, 
boarding  or  lodging  house  or  restau- 
rant as  a  special  or  local  law.  L.R.A. 
1915B.  1101. 

Acts  regulating  speed  of  automobiles. 
L.R.A.1918D,  134. 

§   16.  Municipal    matters. 

Annexation  of  territory  to  municipality  by. 
27    L.R.A.   743. 

Discrimination  with  respect  to  occupation 
tax  based  on  classification  of  munic- 
ipalities.    15  L.R.A. (N.S.)    195. 

Constitutionality  of  commission  form  of 
government.  35  L.R.A. (N.S.)  802;  51 
L.R.A.{N.S.)  632;  L.R.A.1917A,  1260. 

§   17.  Taxes. 

Classification  for  purposes  of  corporate 
taxation.     60   L.R.A.   339. 

Discrimination  with  respect  to  occupation 
tax  based  on  classification  of  munici- 
palities.    15  L.R.A.(N.S.)    195. 

§   18.  —succession   taxes. 

Local    or   special   succession    tax   law.      33 

L.R.A. (N.S.)    600. 
Classification  of   inheritances   or   gifts   for 

purposes  of  succession  tax  on  basis  of 

amount.     6  L.R.A.(N.S.)    732. 

IIJ.  Construction,  operation,  effect, 
a.  In  general, 

§   19.  Generally. 

Effect  of  repeal,  see  infra,  §§  33-35. 

Construction  and  effect  of  statute  relating 
to  particular  subjects,  see  particular 
titles,  e.  g.,  Limitation  of  Actions; 
Municipal  Cobpobations. 

Extraterritorial  effect  of  statute,  see  Con- 
flict OF  Laws. 

Construction  of  constitution,  see  Constitu- 
tional Law,  §§  5,  6. 

Construction  of  initiative  and  referendum 
statutes,  see  Initiative,  Refebendum 
AND  Recall,  §  1.  , 

Begin  tvith  this  book  on  every  law  question. 


STATUTES,  III.  a— cont'd 

Statutory  authority  as  defense  to  liability 

for     maintaining    nuisance,     see    Nui- 

SANCES,   §§   28,  29. 

Implied  sanction  of  evil  by.     34  L.R.A.  846. 

Construction  of  statutes  legalizing  invalid 
municipal  contracts.     27  L.R.A.  704. 

Construction  of  statutes  as  to  exemption 
from  inheritance  or  succession  taxes- 
23  L.R.A.(N.S.)  1209;  48  L.R.A.(N.S.)' 
373. 

Effect  of  passage,  before  expiration  of  time 
for  performance  of  contract,  of  statute 
rendering  performance  impossible.  10 
L.R.A.  (N.S.)  415;  41  L.R.A.(N.S.) 
554,   559. 

Effect  of,  to  defeat  or  preserve  pending 
civil  actions.     14  L.R.A.  721. 

Legislative  requirements  as  defense  to  car- 
rier for  delay  in  transportation  of  pas- 
sengers or  freight.  31  L.R.A. (N.S.) 
1184. 

Effect  on  pending  action  of  expiration  ot 
statutory  period  permitting  litigation 
by  corporation  after  dissolution.  32: 
L.R.A.  (N.S.)    452. 

Effect  on  pre-existing  judgments  of  statute 
permitting  release  of  one  joint  judg- 
ment debtor  without  affecting  the  oth- 
ers.    9  L.R.A. (N.S.)    10G6. 

Statute  as  to  effect  of  intent  not  to  pay  for- 
goods  purchased.     44  L.R.A. (N.S.)    25. 

Scope  and  effect  of  statutes  making  compe- 
tent entries,  memoranda,  and  declara- 
tions of  a  deceased  person.  44  L.R.A.^ 
(N.S.)   28. 

Violation  of  statute  in  relation  to  blocking, 
railroad  crossing  as  affecting  liability 
for  injury.     47   L.R.A.  (N.S.)    820. 

Federal  courts  following  state  decisions  as 
to  construction  and  effect  of.  40 
L.R.A.(N.S.)    393. 

§20.  Legislative    intent. 

Implication  from  penalty  that  legislature 
intended  that  contract  in  violation  of 
statute  should  be  invalid.  12  L.R.A. 
(N.S.)    588. 

§  21.  Construing    statutes    together. 

§  22.  Effect  to  abrogate  maxim  that 
one  cannot  profit  by  his  own  wrong. 

Divorce  statutes.     25  L.R.A.  565. 

Statutes  of  limitation.     25  L.R.A.  566. 

Statutes  against  foreign  corporations.  26- 
L.R.A.  569. 

Statute  compelling  railroad  company  to 
carry  baggage  free.     25  L.R.A.  569. 

Statute  avoiding  auction  sales  when  duty 
unpaid.      25    L.R.A.    569. 

Statute  of  frauds.     25  L.R.A.  569. 

Statutes  providing  for  discharge  in  bank- 
ruptcy.     25    L.R.A.    571. 

Statutes  imposing  liability  for  negligence- 
25   L.R.A.   572. 

Statutes  giving  dower.     25  L.R.A.   573. 

Estoppel    generally.      25    L.R.A.    573. 

Nebraska  decisions.     25   L.R.A.  573. 


INDEX  TO  L.R.A.  ^'OTES. 


1251 


STATUTES,  III.— cont'd 

d.  Meaning  of  words;  mandatory  or 
directory. 

§  23.  Generally. 

Corporations  as  persons  within  statutes, 
see  Corporations,  §  9. 

Do  terms  "child,"  "children,"  "issue,"  etc. 
in  statutes  governing  distribution  of 
decedent's  estate  include  adopted 
children.  30  L.R.A.(N.S.)  914;  L.R.A. 
1918F,  1082. 

Does  widow  come  within  the  term  "heirs." 
L.R.A.1918A,  1108. 

Meaning  of  words  "unmarried"  and  "with- 
out having  been  married"  in  statute. 
15  L.R.A.  292. 

Who  is  a  peddler  or  hawker  within  statu- 
tory regulations.     L.rv.A.19Jf)B,  1293. 

Hand  cur  as  a  car  within  statute.  L.R.A. 
1915A,  817. 

Who  is  a  negro,  mulatto,  or  a  person  of 
color  within  statute  not  specifically  de- 
fining the  same.     L.R.A.lOloA,  828. 

Meaning  of  term  "waterproof."  L.R.A. 
1918B,  828. 

§   24.  Mandatory  or  directory. 

When  word  "may"  in  statute  is  to  be  deem- 
ed mandatory.     5  L.R.A.  (N.S.)   340. 

c.  Construction  of  penal  statutes;  strict 
or  liberal  construction, 

§  25.  Generally. 

Statutes  enhancing  penalty  for  crime  com- 
mitted bv  habitual  criminals  or  prioE, 
offenders?     34  L.R.A.  400. 

Statutory  provision  for  penalty  as  affecting 
validity  of  contract  made  by  foreign 
corporation  without  complying  with 
statutory  conditions  of  doing  business. 
4  L.R.A. (N.S.)    688. 

Hours  of  service  laws  as  penal  statutes. 
L.R.A.1915D,  408;  L.R.A.1917A,  1202. 

§   26.  Strict   or    liberal   construction. 

Strict  or  liberal  construction  of  statute  fix- 
ing penalty  for  taking  of  usury  by 
national  bank.     56  L.R.A.  674. 

Liberal  or  strict  construction  of  Federal 
employers'  liability  act.  47  L.R.A. 
(N.S.)    45;  L.R.A.1915C,  48. 

Strict  or  liberal  construction  of  workmen's 
compensation  acts.  L.R.A.191dA,  215; 
L.R.A.1917D,  89. 

d.  Adopted  or  re-enacted  statutes. 
§   2  7.  Generally. 

e.  Prospective   or   retrospective. 

§   28.  Generally. 

Constitutionality  of  retrospective  act,  see 
Constitutional  Law,   §§   8-10. 

Retroactive  effect  of  statute  as  to  effect  of 
conviction  on  marriage  relation.  31 
L.R.A,    520. 

Retri,active  effect  of  statutes  relative  to 
employers'  liability  for  injuries  to 
servants.     44  L.R.A. (N.S.)   841. 

Consult  also  L.R.A.  Digests  of  Cases. 


STATUTES,  III.  e— cont'd 

Retroactive  operation  of  Federal  employers' 
liability  act.  47  L.R.A.(N.S.)  45; 
L.R.A.3  915C,  48. 

Retroactive  effect  of  workmen's  compensa- 
tion acts,  L.R.A.1916A,  216;  L.R.A. 
1917D,  89. 

Retrospective  operation  of  succession  tax. 
44  L.R.A.  (N.S.)    419. 

Retrospective  effect  of  statute  prescribing 
grounds  of  divorce.     L.R.A. 1917C,  160. 

Effect  of  subsequent  statute  on  executory 
judgment.     L.R.A.1918D,  253. 

fjffeet  of  Webb-Kenyon  Act  on  statutes  en- 
acted before  its  passage.  L.R.A. 1916C, 
309;  L.R.A.1918B,  461. 

Applicability  to  existing  purchaser,  of 
changes  in  law  relating  to  redemption 
from  judicial  sales.     L.R.A. 1915C,  414. 

Statute  changing  time  allowed  for  appeal 
or  writ  of  error  as  affecting  pend- 
ing action.     51   L.R.A.(N.S.)    760. 

Applicability  to  existing  judgments  of  stat- 
ute abolishing  or  diminishing  exemp- 
tions.    25  L.R.A. (N.S.)    189. 

Applicability  to  existing  contracts,  of  stat- 
ute avoiding  contractual  stipulations 
limiting  time  for  action.  38  L.R.A. 
(N.S.)    1016. 

Applicability  to  past  sales  of  statute  elim- 
inating notice  of  expiration  of  redemp- 
tion period  required  by  previous  stat- 
ute, or  requiring  such  notice  when 
none  was  before  required.  10  L.R.A. 
(N.S.)    818. 

IV.  Amendment;  re-enactment;  repeal, 
a.  Amendment;    re-enactment. 

§§   29,    30,  Generally. 

Sufficiency  of  title  of  amendatory  act,  see 
supra,   §   14. 

Construction  of  re-enacted  statute,  see 
supra,  §  27. 

Amendment  of  constitution,  see  Constitu- 
tional Law,  §  4. 

Power  to  cure  unconstitutional  act  by 
amendment,  see  Constitutional  Law, 
§    9. 

Necessity  of  re-enacting  statute  after  re- 
moval of  constitutional  objections 
thereto.      48    L.R.A.  (N.S.)    349. 

Necessity  of  re-enacting  and  publishing  at 
full  length  Code  or  compilation  of  laws 
sought  to  be  amended.     55  L.R.A.  853. 

Amendment  and  substitution  of  bills  after 
expiration  of  constitutional  limitation. 
67    L.R.A.   967. 

Amendment  of  initiative  and  referendum 
legislation.  50  L.R.A.(N.S.)  208; 
L.R.A.1917B,  24. 

Primary  oUxition  law  as  amendment  tq 
prior  act.  22  L.R.A. (N.S.)  1139;  L,R,A, 
1917A,  260. 

b.  Repeal, 

§31.  Generally. 

Of  ordinance,  see  Municipal  Cobpobations, 
§   22. 


1252 


INDEX  TO  L.R.A.  NOTES. 


STATUTES,  IV.  b— cont'd 

Repeal    of    municipal    exemption    of    rural 

lands     within     corporate     limits.       27 

L.R.A.(N.S.)    696. 
Repeal  of  initiative  and  referendum  legisla-  ] 

tion.      50    L.R.A.  (N.S.)     208;     L.R.A. 

1917B,  24. 
Power  to  repeal  act  on  which  a  referendum 

has  been  filed.     L.R.A.1917B,  26. 

§  32.  Implied  repeal. 

Implied  repeal  of  statute  exempting  corpor- 
ation from  taxation.     60   L.R.A,   93. 

Repeal  of  statute  excluding  evidence  dis- 
covered or  obtained  by  judicial  pro- 
ceedings against  accused.  37  L.R.A. 
(N.S.)    96. 

Statutory  removal  of  disability  of  coverture 
as  repealing  exception  in  Statute  of 
Limitations  in  favor  of  married  women. 
L.R.A.1918C,  193. 

§  38.  Effect  of  repeal. 

Effect  of  repeal  or  alteration  of  statute  al- 
lowing claim  against  state.  42  L.R.A. 
38. 

Effect  of  repeal  on  existing  right  of  action. 
4  L.R.A.  555;*  14  L.R.A.  721. 

Effect  of  repeal  of  prohibitory  statute  on 
validity  of  contract.  12  L.R.A. (N.S.) 
59L 

JRepeal  of  statute  imposing  succession  tax, 
as  affecting  estate  of  one  who  died  be- 
fore the  repealing  act  took  effect.  8 
L.R.A.  (N.S.)    1210. 

Effect  of  repeal  of  statute  on  condition  as 
de  facto  officer.     15  L.R.A.(N.S.)  98. 

§   34.  —  on  pending  actions. 

Pending  appeal,  see  Appeal  and  Erbob,  § 
11. 

Effect  of  repeal  to  defeat  or  preserve  pend- 
ing civil  actions.    14  L.R.A.  722. 

Effect  of  repeal  of  civil  statute  pending 
motion  for  new  trial  from  judgment 
based  thereon.     37   L.R.A. (N.S.)    934. 

g   35.  — on  criminal  liability. 

Effect  of  repeal  without  saving  clause  or 
penal  statute  or  ordinance  upon  prior 
conviction  under  it.  23  L.R.A. (N.S.) 
243. 

Effect  of  repeal  for  repugnancy  of  criminal 
statute  on  prior  offense.  9  L.II.A. 
(N.S.)    165. 


STATUTORY   NEW   TRIAIi. 

In  ejectment,  see  Ejectment,  §  13. 


STATUTORY  STATEMENT. 

Right  of  court  to  instruct  jury  as  to  stat- 
utory statement  by  accused.  19  L.R.A. 
(N.S.)    827. 


STAY. 

Of  action,  see  Action  ob  Suit,  §  20. 

On  appeal,  see  Appbxal  and  Ebkob,   §§  9- 

10a,  15-17,  46. 
Liability  on  appeal  bond,  see  Appeal  and 

Ebbob,  §  46. 
Of  execution,  see  Execution,  §   12. 
Of    execution    of    sentence    for    crime,    see 

Cbiminal  Law,  §  84. 


STEALING. 


See  Labcent. 


STEA3I. 

Municipal  regulation  of,  as  nuisance.  38 
L.R.A.  306;   39  L.R.A.  621. 

Liability  for  turning  into  sewer.  15  L.R.A. 
(N!S.)    957. 

Duty  to  prevent  escape  of  steam  from  en- 
gine in  highwav  so  as  to  frighten 
horses.     31  L.R.A.  (N.S.)    1209. 

Private  action  for  injury  by  violation  of 
police  ordinance  against  blowing  off 
steam.'     5  L.R.A. (N.S.)   244. 

Frightening  of  horse  by  blowing  off  of 
steam  by  railroad  company  operating 
trains  longitudinally  along  public 
street.    49  L.R.A. (N.S.)  677. 


STEAMBOATS. 


STATUTORY  REMEDY. 

Exclusiveness  of,  see   Election   of   Reme 

DIES,    §     12. 

Begin  with  this  boolc  on  every  law  question. 


See  Shipping. 


STEAM  BOILER. 


Master's  duty  to  inspect.     41  L.R.A.  87. 
Res  ipsa  loquitur  in  case  of  explosion  of,  in- 
juring servant.  L.R.A.1917E,  187. 


STEAMER. 


See  Shipping. 


STEAM    HEATING   PLANT. 

As  part  of  realty.    1  B.  R.  C.  972.. 


INDEX  TO  L.R.A.  NOTES. 


1253 


STEAM   POWER. 

Ab  dangerous  agenay  for  injury  by  which, 
when  used  by  servant  master  is  liable. 
10  L.R.A.(N.S.)    382. 


♦  «  » 


STEAM  ROLLER. 

Liability  for  fires  set  by,  see  Fibes,  §  8. 
«-»-» 


STEAMSHIP. 


See  Shipping. 


STEAMSHIP  COMPANY. 

State  tax   on  receipts  and  income  of.     57 

L.R.A.  64. 
Service  of  process  on,  bv  delivery  to  ticket 

agent.     L.R.A.191GF,  453. 


STEAMSHIP  TICKETS. 

Notice  to  passenger  of  conditions  on. 
L,R.A.  846. 


23 


STENOGRAPHER. 


§   1.  Generally. 

Unauthorized  presence  of  stenographer  in 
grand  jury  room  as  affecting  indict- 
ment.    L.K.A.1916D,   1123. 

Improper  influence  or  interference  with 
grand  jury  by.     28  L.R.A.  371. 

Communication  to,  as  publication  of  libel. 
1  B.  R.  C.  455;  L.R.A.1918F,  568. 

Stockholder's  right  to  assistance  of,  in  in- 
specting corporate  books.  20  L.R.A. 
(N.S.)   197. 

§  2.  Official    stenographer. 

Improper    influence    or    interference    with 

grand  jury  by.     28  L.R.A.  371. 
Attorney's  implied  power  to  bind  client  for 

fees  of.     23  L.R.A.  (N.S.)   703. 
Disposition  of  appeal  on  death  or  default  of 

official  stenographer.     25  L.R.A.  (N.S.) 

867. 

§  3.  —minutes  of. 

Right  of  jury  to  have  reporter's  shorthand 
notes  read  to  them.  21  L.R.A.(N.S,) 
931. 

Impeachment  of  enrolled  bill  by.  40  L.R.A. 
(N.S.)  32. 


STEPCHILDREN  AND  STEP- 
PARENTS. 


STEPCHILDREN  AND  STEPPARENTS— 
cont'd 

Stepchild  as  beneficiary  under  contract  of 
benefit  associaton.  2  L.R.A.(N.S.)  653; 
36  L.R.A.(N.S.)  208;  L.R.A.1916B,  905. 

Statutory  right  of  action  for  death  of  step- 
parents.    L.R.A.1916E,  130. 

Abandonment  of  homestead  by  stepparent, 
effect  on  rights  of  children.  56  L.R.A. 
84. 

Liability  for  necessaries  furnished  step- 
child.    42  L.R.A.(N.S.)   535. 

Presumption  and  burden  of  proof  as  to  un- 
due influence  respecting  gifts  inter 
vivos  to  stepchildren.  35  L.R.A.(N.S.) 
949. 

Implied  agreement  to  pay  for  services  ren- 
dered to  stepparents.  11  L.R.A.  (N.S.) 
886. 

Authority  of  stepchild  to  bind  parent  by 
contracts  other  than  those  for  neces* 
saries.     39  L.R.A. (N.S.)   885. 

Voluntariness  of  confession  to  stepfather. 
18  L.R.A.(N.S.)   854. 


STEPPING   BLOCKS. 

In  highway,  see  Highways,  §  36. 

As  unlawful  obstructions  or  nuisances. 
L.R.A.(N.S.)  853. 


31 


STEPS. 

Municipal  liability  for  injury  by  steps  in 

street.    20  L.R.A. (N.S.)  637;  43  L.R.A. 

(N.S.)   1158. 
Right   of   abutting  owner   to  extend   step* 

into  street.    24  L.R.A. (N.S.)   193. 
Steps  extending  beyond  line  as  violation  of 

building  restriction.     52   L.R.A. (N.S.) 

1050. 


STERILIZATION. 


Of  criminals  or  defectives.    41  L.R.A. (N.S.) 
419  J    L.R.A.1918D,  236. 


STEVEDORE. 


Contracts  of;  jurisdiction  of  admiralty  as 
to.    66  L.R.A.  229. 

Jurisdiction  of  admiralty  over  suit  for  in- 
jury to.    51  L.R.A.  (N.S.)  1157. 

Liability  of  shippers  of  goods  for  injuries 
to.     46  L.R.A.  104. 

Maritime  lien  for  services  of.  70  L.R.A. 
384. 

As  independent  contractor.  65  L.R.A.  470; 
17  L.R.A.(N.S.)  375. 


STEWARDS. 


Stepchildren  as  members  of  the  family  of    Character  of  occupancy  by  steward  of  club. 

insured.     3  L.R.A.  (N.S.)    334.  4  L.R.A.  (N.S.)   718. 

Consult  also  L.R.A.  Diyests  of  Cases. 


1254 


INDEX  TO  L.R.A.  NOTES. 
STICKS.  STOCK    CERTIFICATE. 

See  CoBPOBATioNS,  Vrn. 

♦<-♦ 


As  deadly  weapons.     21  L.R.A.(N.S.)    504. 
Master's  liability  for  injury  by  defects  in. 
51  L.R.A.(N.S.)   338. 


♦  •» 


STIFUXG  COMPETITION. 

See  Monopoly  and  Combinations. 

♦-•-♦ 

STIPULATED   DAMAGES. 

See  Damages,  §§  38-40. 


STIPULATION. 


Limiting   liability   of   common   carrier,   see 

Carriers,   §§  91,  128-135. 
In  telegraph  blank,  see  Telegraphs,  §§  20, 

21. 
During  trial,  see  Trial,  §  7. 

Fraud  or  perjury  as  ground  of  attack  upon 
a  judgment  entered  upon  stipulation 
or  compromise.     45  L.R.A.  (N.S.)    1159. 

Collateral  attack  on  judgment  by,  for  fraud 
not  affecting  the  jurisdiction.  36 
L.R.A.(N.S.)  987. 


STOCK. 

Livestock,  see  Animals;  Railroads,  §§  73- 
76,  85. 

Of  building  and  loan  association,  see  Build- 
ing AND  Loan  Association,  §  3. 

Corporate  stock  generally,  see  Corpora- 
tions, VIII. 


STOCK  AND  PRODUCE  EXCHANGE. 

See  Board  of  Trade;  Exchanges. 

♦  *» 

STOCK    BREEDERS. 

Validitv  of  contract  with  unlicensed  breed- 
er.'  12  L.R.A.  (N.S.)   617. 


STOCK  BROIvERS. 

See  Brokers. 

♦-•-♦^ -— 

STOCK   CARS. 

In  general,  see  Carriers,  §§  124-127. 

Risk  assumed  by  passenger  on.     19  L.R.A. 

311. 
Begin  with  this  hook,  on  every  laiv  question. 


STOCK    DIVIDENDS. 

Right  to,  as  between  life  tenant  and  remain- 
dermen, see  Life  Tenants,  §  6. 
In  general,  see  Corporations,  §  100. 


STOCK  DROVER. 

See  Dbovers. 


STOCK   EXCHANGE. 

See  Exchanges. 

♦-»♦ 

STOCKHOLDERS. 

Of  corporation,  see  Corporations,  VIII. 
♦-»♦ 

STOCKHOLDERS'  LIABILITIES. 

See  Corporations,  §§  104-121. 
^•» 


STOCKMEN. 


See  Drovers. 


STOCK  NOTE. 


When  limitations  begin  to  run  against  ac- 
tion on  stock  note  of  mutual  insurance 
company.     1  L.R.A. (N.S.)    914. 

♦>» 


STOCK  PENS. 

See  Cabbiebs,  §  125. 


STOCK  RAISERS. 


Combination    among,    as    a   monopoly. 
L.R.A.(N.S.)    1104. 


44 


STOCK  RIGHTS. 


See  Corporations,  §§  100-102;   Life  Ten- 
ants, §  6. 


INDEX  TO  L.R.A.  NOTES. 


1255 


STOCK   TRANSFER  TAX. 


See  Taxes,  §  107. 


STOCK  YARDS. 


?   1.  Generally. 

Maintenance  by  stock  yards  companies  of 
private  siding,  tap  line,  connecting 
tracks  or  other  switching  facilities  as 
carrying  on  the  business  of  a  common 
carrier.      L.R.A.1918B,   684. 

Use  of  railroad  riglit  of  way  for  purposes 
of,  as  against  owner  of  fee.  36  L.R.A. 
(N.S.J  518. 

On  railroad  riglit  of  way  as  separate  sub- 
jects of  taxation.     L.R.A. IftlfiE,  416. 

Duty  of  '  carrier  of  live  stock  to  provide. 
L.R.A.1918C,  539. 

Duty  of  carrier  to  deliver  car  at.  41  L.R.A. 
'(N.S.)   682. 

Discrimination  by  carrier  in  delivering  live 
stock  to  stock  vards.  12  L.R.A. (N.S.) 
611. 

§   2.  As  nuisance. 

Municipal  power  over,  as  a  nuisance.  38 
L.R.A.  655. 

Duty  of  carriers  of  live  stock  as  to,  at 
stations.     44  L.R.A.  289. 

Power  of  municipal  corporation  to  prevent 
stock  yards  within  corporate  limits. 
28   L.R.A, (N.S.)    122. 

Presumption  of  statutory  authority  of  rail- 
road to  commit  nuisance  by  maintain* 
ing.     70  L.R.A.  589. 


STOLEN   NOTES. 

See  Stolen  Pboperty,  §  2. 


STOLEN  PROPERTY. 

§    1.  Generally. 

Stolon  stock  certificates,  see  CORPORATIONS, 

.§  75. 
Receiving    stolen    property,    see    Receiving 

Stolen  Property. 
As  to  larceny  generally,  see  Larceny. 

Validity  and  enforceability  of  contract  to 
compensate  the  owner  of  property  stol- 
en in  absence  of  duress  or  agreement, 
express  or  implied,  to  stifle  prosecution. 
L.R.A. l!)ir,i:.   139. 

Running  of  limitations  against  action  to 
recover.  29  L.R.A.  (N.S.)  120;  34 
L.R.A.(N.S.)  621. 

§  2.  Commercial  paper. 

Lost  or  stolen  check.    26  L.R.A.  571. 

Circumstances  sufficient  to  put  purchaser  of, 
on  inquiry.     29  L.R.A. (N.S.)   385. 

Maker's  right  to  defend  against  transferee 
after  maturity  on  ground  that  com- 
mercial paper  had  been  stolen.  46 
L.R.A.  775. 

<7onsM/«  also  L.R.A.  Digests  of  Cases. 


STOLEN  PROPERTY— cont'd 
Right  to  recover   on  a  bill   or  note   stolen 
before  delivery.     L.R.A.1915E,  351. 


STONES. 

Municipal  liability  for  injury  by  stones  in 
street.    20  L.R.A. (N.S.)  615. 

Right  to  stone  upon  railroad  right  of  way 
as  between  company  and  fee  owner.  45 
L.R.A.(N.S.)    800. 


STOOIi. 

Master's  liability  for  injury  by  defects  in. 
51  L.R.A.(N.S.)    339. 


STOP,  LOOK,  AND  LISTEN. 

Duty    to,    before    crossing    railroad    track, 

see  Railroads,  §§  83,  84. 
Before     crossing     street     car     tracks,     see 

Street  Railways,  §  21. 

•-»> 


STOPOVER. 

See  Cabbiebs,  §  47. 


STOPPAGE   IN   TRANSITU. 

See  Sale,  §  61. 

#>» 

STOPPING. 

At  railroad  track  to  listen,  see  Railboads, 

§§  83,  84. 
At  street  car  track  to  listen,  see  Street 

Railways,  §  21. 


■»•» 

STOPPING    PAYMENT. 

Of  check,  see  Banks,  §  26a. 

♦  * » 

STOPPING    TRAINS. 

Right  to  require,  see  Carriers,  §  162. 
Failure  to  stop  train  as  proximate  cause  ol 

injury    to    passenger,    see    Pboximatb 

Cause,  §  9. 


STORAGE. 


Charge  for,  by  carrier,  see  Cabbiebs,  §  141. 
Cold  storage,  see  Cold  Storage. 
In  warehouse,  see  Warehouses. 


J  256 


INDEX  TO  L.R.A.  NOTES. 


STORAGE— cont'd 

Effect  of  breaking  continuity  of  shipment 
by  storage  of  goods  for  reshipment  in 
the  course  of  trade,  on  its  interstate 
character.    L.R.A.1917D,  1190. 

Contract  for;  jurisdiction  of  admiralty.  66 
L.R.A.  233. 

Right  to  store  appropriated  water.  46 
LJI.A.  322;   17  L.R.A.(N.S.)   329. 

Eight  of  one  not  in  the  storage  business  to 
a  common  law  lien  for  storage  charge. 
39  L.R.A.(N.S.)    1164. 

Lien  upon  automobile  for.  L.R.A.1918D, 
330. 

Right  to  use  railroad  right  of  way  as 
against  owner  of  fee  for  storage  pur- 
poses.   36  L.R.A.(N.S.)  518. 

Loss  of  profits  as  element  of  damages  in 
case  of  storage  contracts.  53  L.R.A. 
65. 

Negligence  in  storage  of  explosives.  29 
L.R.A.  724. 

Of  explosives  as  nuisance.  16  L.R.A.  (N.S.) 
691;   L.R.A.1915A,  615. 

Municipal  liability  for  injury  by  storage  of 
vehicles,  lumber,  etc.,  in  street.  20 
L.R.A.(N^.)  612. 

Liability  for  damages  by  escape  of  danger- 
ous substance  stored  on  premises. 
15  L.R.A. (N.S.)    535. 
Water.    15  L.R.A. (N.S.)  541;  33  L.R.A. 
(N.S.)   1061. 

Encroachment  on  public  street  or  alley  by 
occupier  of  abutting  property  for  pur- 
pose of,  as  basis  of  adverse  possession 
or   estoppel.     36   L.R.A.  (N.S.)    1056. 

Business  of  storing  grain  in  warehouses  as 
aflfected  with  a  public  interest  authoriz- 
ing regulation  of  rates  and  prices.  6 
L.R.A.(N.S.)  836. 


1  STORE    ORDERS. 

Usury  in.    42  L.R.A. (N.S.)    1058. 


STORAGE    RESERVOIR. 

Passing  of,  to  grantee  of  mill.  58  LR.A.  490. 

Right  to  consider  value  of  property  as  part 
of  natural  water  power  in  fixing  com- 
pensation for  taking  land  for.  3  L.R.A. 
(N.S.)   912. 


STOREKEEPER. 


§  1.  Duty  and  liability  towards  cus-' 
tomers. 

Liability  for  injury  by  elevator  to  customer 
in  store,  see  Elevators,  §  6. 

Liability  for  malicious  act  of  servants  to- 
wards customers.     4  L.R.A. (N.S.)   485. 

Liability  of,  for  property  stolen  from  cus- 
tomers.    10  L.R.A. (N.S.)   314. 

Applicability  of  rule  res  ipsa  loquitur  as 
between  storekeeper  and  customer.  16 
L.R.A.(N.S.)   931. 

Duty  of  store  or  shopkeeper  toward  custom- 
ei;  as  to  condition  of  premises.  21 
L.R.A. (N.S.)   456;   L.R.A. 1915F,  572. 

Begin  with  this  hook,  on  every  law  question. 


STORES. 

Department  stores,  see  Department 
Stores. 

What  passes  under  devise  or  bequest  of 
store.     L.R.A.1917D,  435. 

Constitutionality  of  statutes  against  "com- 
pany stores."    21  L.R.A.  797. 

Insurable  interest  in  fluctuating  property 
in.     52  L.R.A.  340. 

Servants  in,  as  fellow  servants.  50  L.R.A. 
436. 

Operator  of-  elevator  or  other  hoisting  appa- 
ratus as  fellow  servant  of  otlier  em- 
ployees in.     41  L.R.A.  (N.S.)    158. 

Validity  of  classification  in  Sunday  law  as 
to  keeping  open.  14  L.R.A.  (N.S.) 
1259;  32  L.R.A. (N.S.)   1190. 

Validity  of  statute  or  ordinance  requiring 
closing  of,  at  certain  hours.  L.R.A. 
1916A,  654.    . 


STORM. 

Municipal  liability  for  injury  by  surface 
water  during  unusual  storms.  65 
L.R.A.  277. 

Liability  for  injury  on  wharf  by  vessel  at- 
tached thereto  during  storm.  27  L.R.A. 
(N.S.)   312. 

Snowstorm  as  act  of  God  relieving  carrier 
from  liiibility.     24  L.R.A. (N.S.)    1209. 

Effect  of,  on  duty  as  to  electric  wires  over 
highway.     22  L.R.A.(N.S.)   1174. 

Duty  to  protect  traveler  from  personal  in- 
jury or  death  from  electricity  carried 
from  wires  strung  along  highway  as^ 
aflfected  by  storms.     1  B.  R.  C.  808. 

Liability  of  railroad  company  to  employee* 
for  injuries  caused  by  defects  in  road- 
bed caused  or  accompanied  by  rainfalL 
49  L.R.A. (N.S.)   198. 


STORM  DOORS. 


As  fixtures.      30   L.R.A. (N.S.)    1189. 


STORM  WIXDOAVS. 


As  fixtures.     30  L.R.A. (N.S.)   1189. 


STOVES. 

Gas   stoves    as    fixtures.      17   L.R.A. (N.S.) 

699. 
As  part  of  realty.    1  B.  R.  C.  972. 


INDEX  TO  L.R.A.  NOTES. 


1257 


STOWAGE. 

Provision  relieving  carrier  from  liability  for 
loss  by  stowage  as  extending  to  loss 
caused  by  negligence.     6  B.  R.  C.  128. 


STRAIGHT  LINE  METHOD. 

Of  treatment  of  depreciation  in  estimating 
return  of  a  public  service  corporation 
for  rate-making  purposes.  52  L.R.A. 
(N.S.)   33. 


STRAIN. 

Right  to  recover  on  insurance  policy  for  in- 
jury from,  see  Insurance,  §  163. 

Recovery  under  Workmen's  Compensation 
Act  for  incapacity  resulting  from. 
L.R.A.1917D,  108,  111;  L.R.A.1918F, 
873. 


STRAITS. 

Jurisdiction  over.    46  L.R.A.  266. 
«~»~» 

STRANDING. 

Voluntary,  effect  of,  upon  liability  on  ma- 
rine insurance  policv."  1  L.R.A, (N.S.) 
1097. 


STRANGULATION. 


Of  horse  during  transportation.    39  L.R.A. 
(N.S.)   643. 


STRAW. 

Tenant's  rights  as   to,   see  Landlobd  and 
Tenant,  §  51. 

Regulation  of  storage  of,  for  purpose  of  fire 
protection.     41  L.R.A. (N.S.)  457. 


STREAMS. 


See  Waters. 


STREET  CARS. 


Injury  by,  Bee  Stbeet  Railways,  §§  10-24. 

As  dangerous  agency  for  injury  by  which, 
when  used  bv  servant,  master  is  liable. 
10  L.R.A.(N.S.)   390. 

<Jonsxilt  also  L.R.A.  Digests  of  Oases. 


STREET  CARS— cont'd 

Negligence  of  servant  in  sending  out  unsafe 

cars  causing  injury  to  other  servants. 

1  L.R.A.(N.S.)  670. 


^<» 


STREET  CAR  TRANSFER. 

See  Cabbiebs,  §  27. 

^-•-¥- 

STREET   CLEANING. 

As  a  governmental  function.     L.R.A.19150, 
741. 


STREET  COMMISSIONERS. 

See  Highways,  §  114. 

♦-•-♦^ 

STREET    FRANCHISE. 

See  Highways,  §§  21-32. 

♦-•-♦ 

STREET  INTERSECTIONS. 

Liability  of  street  railway  for  assessment 
for  pavements  at.    46  L.R.A,  196, 

«-»^ 


STREET   LIGHTING. 

See  Highways,  V,  d. 

♦-•-# 

STREET  NUMBER. 

Description  of  land  in  deed  or  contract  by 
reference  to  street  number,  L.R,A. 
1918C,  520. 


STREET  PARADES. 

See  Pabadbs. 


^•» 


STREET  RAILWAYS. 

I.  In  general,  §§  1,  2. 
II.  Franchises;  construction;  tnunicl' 
pal  control  over,  §§  3-6. 

a.  In  general,  §§  3,  4. 

b.  Municipal   control  over,    §g 

6,  6. 
III.  Motive  power,  §   7. 
JV.  Operation,  §§  S-24. 

a.  In  general,   §  8,  9. 

b.  Duty  and  care  of  company, 

S§    10-19. 


1258 


INDEX  TO  L.R.A.  NOTES. 


STREET  RAILWAYS,  IV.— cont'd 

c.  Contributory   negligence,    §§ 

20-23. 

d.  Notice   of   defect   or   injury, 

§  24. 

I.  In  general. 

§   1.  Generally. 

As  carriers,  see  Cabbiebs. 
Regulation  of  rates,  see  Cabbiebs,  V.  c. 
Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  150. 
Validity  of  agreement  with,  see  Contbacts, 

§  96. 
Compensation  to  be   paid  to,  upon  taking 

its  plant,  see  Damages,  §  82. 
Municipal   liability   for   injury   by   acts  or 

omissions   of   street   railway   company, 

see  Highways,  §  64. 
Injunction  against,  see  Injunction,  §§  66- 

68. 
Assessment  against,  for  local  improvement, 

see  Public  Impbovements,  §  22, 
Valuation  of  property  of,  see  Public  Sebv- 

ICE    COBPORATIONS,    §    5. 

Return   of,   see    Public   Service   Cobpoba- 

TIONS,   §  6. 
Appointment  of  receiver  for,  see  Receivers. 
See    also    Electbic    Railways;    Elevated 

Railroads  ;     Interlt?ban    Railroads  ; 

Subway  Railboads. 

Authority  of  inspector  on  street  railway  to 
contract  for  services  of  other  persons. 
L.KA.1918F,  66. 

Power  of  municipality  to  assume  part  or  all 
of  burden  of  adapting  street  or  bridg- 
es for  street  railways.  50  L.R.A.  (N.S.) 
143. 

Right  of  street  railway  corporation  to 
challenge  powers  or  privileges  of  rival. 
L.R.A.191()B,  1087. 

Liability  of  street  railway  company  for 
damages  in  removing  obstructions 
from  its  tracks.     43  L.R.A.(N.S.)    126. 

Applicability  of  commerce  clause  or  stat- 
utes thereunder  to.  46  L.KA. (N.S.) 
385. 

Right  of  common  carrier  to  contract  for  the 
use  of  its  cars  for  advertising  purposes. 
24L.R,A.(N.S.)  1010. 

§  2.  Crossing  railroad  track. 

See   Railroads,   §   29. 

II.  Franchises;  construction;  munici- 
pal control  over. 

a.  In  general. 

§   8.  Generally. 

As  additional  servitude  in  street,  see  Emi- 
nent Domain,  V. 

Treatment  of  franchises  in  valuation  of 
property  of.    48  L.R.A. (N.S.)   1063. 

Privilege  of  using  street  as  a  contract  with- 
in provision  against  impairing  obliga- 
tion.   50  L.R.A.  143 ;  L.R.A.1918E,  902. 

Incorporation  of  territory  into  municipality 
as  affecting  prior  rights  to  use  high- 
way.   47  L.R.A.  (N.S.)   608. 


Begin  tvith  this  hoolc  on  every  laiv  question. 


STREET  RAILWAYS,  II.  a— cont'd 

Power  of  legislature  to  authorize  counties- 
or  other  political  subdivisions  to  build,, 
purchase,  or  operate  street  railway  as 
affected  by  restrictions  on  power  to  aid 
private  enterprise.  28  L.R.A.  (N.S.) 
412. 

Power  to  compel  street  railway  to  complete 
its  road.     L.R.A.1918E,  321. 

Employer's  liability  for  negligence  of  inde- 
pendent contractor,  in  construction  of. 
65  L.R.A.  845. 

Right  of  railroad  company  to  compensation 
for  the  cro&sing  of  its  tracks,  where  it 
intersects  a  street  or  liighvvay,  bv  an 
electric  road.     L.R.A.1915D,  843.  ' 

§   4.  Rights   of   abutting  owner. 

Amount  allowed  to  abutting  owner  on  per- 
mitting street  railway  in  street,  see 
Damages,  §  90. 

Abutting  owner's  right  to  compensation,  on 
construction  of,  see  Eminent  Domain, 
§  51. 

As  additional  burden  in  street,  see  Eminent 
Domain,  §  57. 

Taking  of  land  for,  as  a  public  use.  22 
L.R.A.(N.S.)   134. 

Injury  to  abutting  owner  by  laying  track 
near  side  of  street.     43  L.R.A.  554. 

Rights  of  abutting  owner  as  affected  by 
track  close  to  sidewalk.  1  L.R.A. (N.S.) 
981. 

Remedy  of  abutting  owner  as  affected  by 
his  consent  to  the  construction  of,  in 
street.  7  L.R.A. (N.S.)  991:  23  L.R.A. 
(N.S.)    433. 

Preventive  remedy  of  nonconsenting  abut- 
ting owner  where  use  of  higliway  for 
street  railway  is  authorized  by  public. 
28  L.R.A.(N.S.)    1082. 

b.  Municipal  control  over. 

§   5.  Generally. 

Power  of  municipality,  in  absence  of  express- 
legislative  authoritv,  to  grant  franchise 
for    street    railway.      22    L.R.A.  (N.S.) 
925,  930,  935. 

Municipal  control  over,  as  nuisances.  39 
L.R.A.  609. 

Power  of  municipality  to  compel  change  of 
grade  of  railway  in  street.  70  L.R.A. 
850. 

Duty  and  right  of  municipality  to  reimburse 
street  railway  company  for  expenses  in- 
curred in  changing  or  relaying  track. 
6  L.R.A.(N.S.)   1028. 

Power  to  compel  street  railway  to  sprinkle 
tracks.     36  L.R.A.  (N.S.)   235. 

Power  of  municipality  to  prevent  laying 
an  additional  track  under  a  franchise 
originallv  granting  the  right  to  lav 
double  tracks.     36  L.RA.(N.S.)   850. 

Power  to  compel  removal  of  spur  track,, 
turnout,  or  switch  from  street  or  high- 
way.    L.R.A.1918B,  481. 

Power  to  prohibit  or  restrict  smoking  in 
street  cars.     51  L.R.A. (N.S.)    562. 

Right  of  municipal  corporation  to  resist  by 
force  unauthorized  use  of  street.  15" 
L.R.A.(N.S.)    1269. 


INDEX  TO  L.R.A.  NOTES. 


1259 


STREET  RAILWAYS,  II.  b— cont'd 

Estoppel  of  town  or  municipality  to  object 
to  street  railway  in  street  by  acquies- 
cence or  consent  to  its  construction  or 
use.     7  L.R.A.(N.S.)    1187. 

Validity  of  ordinance  requiring  conductor 
on  street  car.     15  L.R.A.  G04. 

Municipal  regulation  of  carriage  of  passen- 
gers by  street  railroads.    19  L.R  A.  570. 

Liability  of  municipality  in  damages  for 
repeal,  or  interference  with  enjoyment, 
of  street  franchise.  36  L.R.A.  (N.S.) 
861. 

§  6.  Municipal  power  to  impose  con- 
ditions when  giving  consent  to. 

Power  to  assent  involves  power  to  impose 

conditions.     36  L.R.A.  33. 
Agreement  by  railroad.     36  L.R.A.  34. 
Conditions  enforced.     36  L.R.A.  35. 
Express    power    to   impose   conditions.      36 

L.R.A.  35. 
No  power  over  subject  where  consent  not 

necessary.     36  L.R.A.  36. 
Conflict  with  other  authority.    36  L.R.A.  36. 
Conditions  after  completion  of  contract.   36 

L.R.A.  36. 
Right  to  control  street.     36  L.R.A.  36. 
Effect  of  municipal  direction  or  sanction  on 

liability  of  street  railroad  company  for 

defect  in  track  or  street.    15  L.R.A.  (N. 

S.)    845. 

III.  Motive  power, 

§    7.  Generally. 

What  motive  power  may  be  used.  2  L.B.A. 
(N.S.)    138. 

IV.  Operation, 
a.  In  general, 

§   8.  Generally. 

Dutv  to  avoid  interference  with  extinguish- 
"ment  of  fires.  12  L.R.A. (N.S.)  382;  20 
L.R.A.(N.S.)  1110;  39  L.R. A. (N.S.)  20. 

§   9.  Compelling  operation. 

Compelling  operation  of.  15  L.R.A.  21;  24 
L.R.A.  564. 

Duty  of  street  railway  to  run  car  through 
to  end  of  route  indicated  by  sign  there- 
on.    1  B.  R.  C.  442. 

Right  of  street  railway  company  to  discon- 
tinue line  in  absence  of  statutory  or 
contractual  provision  to  the  contrary. 
19  L.R.A.(N.S.)    866. 

ft.  Duty  and  care  of  company. 

§    10.  Generally. 

Duty  to  passenger,  see  Carriers,  TIL 

Liability  for  negligence  as  to  dangerous  elec- 
tric currents  on  wires,  see  Electricity, 
III.  a. 

Liability  for  injury  due  to  defects  in  high- 
way, see  Highways,  §§  89-91. 

Liability  for  injury  due  to  defect  in  street 
or  track,  see  Highways,  §  90. 

Consult  also  L.R.A.  Digests  of  Cases. 


STREET  RAILWAYS,  IV.  b— cont'd 
Liability  for  injury  by  frightening  horse,  see 

Horses,  §  11. 
Injury    to   employee   of,   see   Master   and 

Servant,  III. 
Question  for  jury  as  to  negligence  ef  street 

railway  company,  see  Trial,  §  44. 

Criminal  homicide  in  operation  of  street 
railway.    L.R.A.1917C,  536. 

Violation  by  servant  of  rule  adopted  by 
company  as  evidence  of  negligence  to- 
ward one  other  than  servant.  L.R.A. 
1917C,  807. 

Res  ipsa  loquitur  in  action  for  injury  to 
person  on  highway,  otherwise  than  by 
collision.     43  L.R.A. (N.S.)   599. 

Necessity  of  headlights  on  street  cars.  26 
L.R.A,  300. 

Duty  owed  to  others  by  motorman  blinded 
by  light  on  highway.  L.R.A.1917E, 
1045. 

Duty  as  to  equipping  ears  so  as  to  avoid  or 
minimize  injury  to  persons  or  animals 
on  or  near  track.     L.R.A.1915A,  746. 

Injuries  to  bicyclists  caused  by  street  cara. 
47  L.R.A.  302. 

Validity  of  ordinance  requiring  conductor 
on  street  car.     15  L.R.A.  604. 

Injury  to  street  car  passenger  who,  upon 
alighting,  passes  around  car  and  is 
struck  by  car  on  another  track.  4 
L.R.A.  (N.S.)  729;  21  L.R.A.  (N.S.) 
887. 

Master's  liability  for  injury  to  third  per- 
son due  to  negligence  of  servants  in 
charge  of  street  cars.  10  L.R.A.  (N.S.) 
390. 

Liability  of  street  railway  for  injury  to  one 
other  than  passenger  struck  by  object 
hurled  by  car.     L.R.A.1915B,  1111. 

Liability  for  injury  to  person  other  than 
passenger  or  employee  by  derailment  of 
street  car.  23  L.R.A.  (N.S.)  751; 
L.R.A.1917D,  815. 

Duty  of  motorman  upon  perceiving  vehicle 
standing  near  track  unattended.  24 
L.R.A.  (N.S.)  560. 

Duty  before  starting  car  to  see  that  no  one 
is  in  dangerous  proximity  to  side  or 
rear  of  car.     31  L.R.A.(N.S.)    1153. 

Liability  of  street  railway  company  to  one 
hit  by  swing  of  car  on  curve.  16  L.R.A. 
(N.S.)  890;  40  L.KA.(N.S.)  133; 
L.R.A.1915C,  604. 

Right  of  motorman  to  assume  that  person 
on  track  will  get  out  of  way.  21  L.R.A. 
(N.S.)   880. 

Right  of  motorman  to  assume  that  no  one 
will  attempt  to  cross  track  so  close  in 
front  of  car  as  to  render  a  collision 
probable.     5  L.R.A.  (N.S.)   1059. 

Rule  of  the  road  as  affecting  street  cars  and 
vehicles  meeting  or  passing.  42 
L.R.A.  (N.S.)    1188. 

Duty  to  avoid  interference  with  extinguish- 
ment of  fire.  12  L.R.A.(N.S.)  382:  20 
L.R.A.(N.S.)  1110;  39  L.R.A.(N.S.) 
20. 


1260 


INDEX  TO  L.R.A.  NOTES. 


STREET  RAILWAYS,  IV.  b— cont'd 
Liability    of    company    operating    railroad 
along  highway  for  injury  to  live  stock. 
L.R.A.1917E,   770. 
Sufficiency   of  general   allegations   of  negli- 
gence of.     59  L.R.A.  238. 

§    1 1.  Violation  of  statute  or  ordinance. 

As  to  speed,  see  infra,  §  13. 

Violating  ordinance  as  to  operation  of,  as 
ground  for  private  action.  5  L.R.A. 
(N.8.)  247. 

Duty  to  comply  with  statute  or  ordinance 
as  to  equipping  cars  so  as  to  minimize 
danger  of  injury  to  persons  on  or  near 
track.     L.R.A.1915A,  749. 

Liability  for  injury  to  pedestrian  or  person 
waiting  for  car  in  consequence  of  car- 
rving  passengers  on  platform  or  run- 
ning board.     45  L.R.A.  (N.S.)    269. 

§    12.  Speed. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,   702. 

Violation  by  servant  of  rule  of  company  as 
to  speed  as  evidence  of  negligence  to- 
wards traveler.  8  L.R.A. (N.S.)  1063; 
L.R.A.1917C,  808. 

Speed  of  street  car  as  affecting  negligence 
of  passenger  in  getting  on  or  off  while 
in  motion.     30  L.R.A. (N.S.)    274. 

Frightening  of  horse  by  excessive  speed  of 
street  car.     21   L.R.A. (N.S.)    286. 

Injury  to  children  by  speed  of  street  car. 
25  L.R.A.  664. 

Evidence  as  to  speed  of  street  cars.  34 
L.R.A.(N.S.)    784. 

§   13.  —violation   of   ordinance   as   to. 

Violation  of  ordinance  as  to  speed  of  street 

cars  as  ground   for  private  action.     5 

L.R.A. (N.S.)    250. 
Operating  street  car  at  speed  in  excess  of 

that  prescribed  by  ordinance  as  negli- 
,  gence    or    evidence    of    negligence.      8 

L.R.A.  (N.S.)    1093. 

§    14.  Lookout. 

Lookout  on  railroad  train,  see  Railboads, 
§§  56,  65,  74. 

Lookout  to  prevent  collisions  with  horses  or 

vehicles.     25   L.R.A.   512. 
Dutv  of  employee  on  street  car  to  keep  look- 
'out  for  children.     25  L.R.A.  663. 

§   15.  Injury  to  dogs. 

Liability    for    injury   to   dogs.      40   L.R.A. 

509. 
Duty   with    respect   to   dogs    on   track.     6 

L.R.A.(N.S.)  911. 

§  16.  Injury  to  helpless  persons  on 
track. 

Duty  towards  sick,  infirm,  disabled,  or 
otherwise  helpless  person  on  street  car 
track.     69  L.R.A.  513. 

Duty  of  person  in  charge  of  street  car  upon 
perceiving  an  object  the  character  of 
which  is  unknown,  but  which  is  in  fact 
a  person  helpless,  on  or  near  the  track. 
20  L.R.A. (N.S.)    987. 


Begin  with  this  book  on  every  laiv  question. 


STREET  RAILWAYS,  IV.  b— cont'd 
§    17.  Duty  to  avoid  injuring  children 
on  track. 

Care  required  of  employees.     25  L.R.A.  663. 
Negligence  defined.     25  L.R.A.  664. 
Negligence  a  question  for  jury.     25  L.R.A. 

605. 
Right  of  motorman  to  assume  that  cliild  on 

track  will  get  out  of  way.     21  L.R.A. 

(N.S.)    880. 
Duty  of  motorman  to  anticipate  that  child 

may  leave  place  of  safety.     18  L.R.A. 

(N.S.)   37L 

§18.  Injuries  by  street  car  collisions 
with  vehicles  or  horses. 

Horses  or  vehicles  caught  in  dangerous 
places.     25  L.R.A.  508. 

Injuries  at  street  crossings.    ''"  L.R.A.  508. 

Crossing  the  track  at  place,  other  than 
streets.     25  L.R.A.  509. 

Injury  received  in  turning  out.  25  L.R.A. 
510. 

"Look  out."     25  L.R.A.  512. 

Riglit  of  way.     25  L.R.A.  512. 

Right  of  way  as  between  street  car  and  ve- 
hicle at  point  where  streets  bisect 
or  intersect.     49  L.R.A. (N.S.)   505. 

Duty  of  motorman  on  perceiving  vehicle 
standing  near  track  unattended  or  oc- 
cupied onlv  by  child.  24  L.R.A.  (N.S.) 
560. 

§    19.  Collision  with  fire  apparatus. 

Liability  of  street  railway  company  for  in- 
juries caused  bv  collision  witli  lire 
apparatus.  19'  L.R.A.  ( N.S. )  623 ; 
L.R.A.1917E,  415. 

c.  Contributory  negligence. 

§   20.  Generally. 

In  case  of  collision  with  fire  apparatus,  see 
supra,  §  19. 

Rule  of  the  road  as  affecting  street  cars 
and  vehicles  meeting  and  passing.  42 
L.R.A.  (N.S.)    1188. 

Right  of  way  as  between  street  car  and  ve- 
hicle at  point  where  streets  bisect  or 
intersect.     49  L.R.A. (N.S.)  505. 

Liability  for  injuries  to  one  blinded  by  head- 
light.    48  L.R.A.  (N.S.)    827. 

Defective  hearing  of  person  injured  as  bear- 
ing upon  contributorv  negligence.  41 
L.R.A.(N.S.)   202. 

Construction  and  effect  of  statute  making 
it  an  offense  to  get  on  a  moving  car 
or  train.     23  L.R.A. (N.S.)    513. 

Violation  of  statute  or  ordinance  by  plain- 
tiff as  precluding  recovery  for  negli- 
gence in  action  by  driver  or  owner  of 
automobile.     L.R.A.1915E,  960. 

Contributory  negligence  of  one  other  than 
passenger  struck  bv  object  hurled  by 
car.     L.R.A.1915B,  1114. 

Contributory  negligence  of  person  struck 
bv  street  car  while  waiting  for  a  car. 
22  L.R.A.  (N.S.)    228. 

Attempting  to  cross  in"  front  of  observed 
street  car  as  contributory  negligence. 
L.R.A.1917C,  692. 


INDEX  TO  L.R.A.  NQTES. 


1261 


STREET  RAILWAYS,  IV.  c— cont'd 

Duty  of  person  working  near  street  car 
tracks  to  look  out  for  his  own  safety. 
15  L.R.A.(N.S.)    282. 

Is  one  guilty  of  contributory  negligence,  as 
matter  of  law,  in  walking  witli  due 
care  upon  a  street  railway  track  laid 
in  a  public  street.  9  L.R.A.  (N.S.) 
244. 

Right  of  driver  of  vehicle  to  assume  that 
motorman  will  give  him  time  to  cross 
track.     5  L.R.A.(N.S.)   1081. 

Driving  across  street  railway  where  view  of 
approaching  car  is  obstructed  as  con- 
tributory negligence.  32  L.R.A.  (N.S.) 
266. 

Duty  of  operator  of  automobile  when  near 
street   cars.      38   L.R.A. (N.S.)    493. 

Effect  of,  on  liability  for  violation  of  police 
ordinance  relating  to  street  railroads. 
5  L.R.A.  (N.S.)   249. 

In  case  of  frightening  of  horse  by  street 
car.  34  L.R.A.  486;  21  L.R.A. (N.S.) 
288;  48  L.R.A.  (N.S.)   823. 

In  case  of  injury  to  live  stock.  L.B.A. 
1917E,  770. 

g   21.  Duty  to  look  and  listen. 

At  railroad  crossing,  see  Railroads,  §§  83, 
84. 

Duty  to  look  and  listen  before  crossing 
tracks  of  an  electric  road.  15  L.R.A. 
(N.S.)    254;   23  L.R.A. (N.S.)    1224. 

Duty  of  driver  who  has  traveled  some  dis- 
tance parallel  with  track  after  looking 
for  car,  to  look  again  before  crossing 
track.     21  L.R.A.(N.S.)    309. 

§   22.  Of  children. 

Contributory  negligence  of  children. 
L.R.A.1917F,  112. 

Circumstances  under  which  child  crossing 
street  car  track  is  guilty  of  negligence 
either  as  matter  of  law  or  fact.  11 
L.R.A.(N.S.)    166;    L.R.A1917F,   172. 

Recovery  for  injury  to  child  in  attempting  to 
cross  street  car  tracks  notwithstanding 
his  contributory  negligence.  11  L.R.A. 
(N.S.)    174. 

Duty  of  motorman  on  perceiving  vehicle 
near  track  occupied  by  child  only.  24 
L.R.A.  (N.S.)    560. 

§  23.  Wantonness  or  Avilfulness  pre- 
cluding defense  of. 

May  wantonness  or  wilfulness,  precluding 
defense  of  contributory  negligence,  be 
predicated  of  the  omission  of  a  duty  be- 
fore the  discovery  of  a  person  in  peril 
on  a  railroad  or  street  railway  track. 
21  L.R.A.  (N.S.)   427. 


STREETS. 


See  Highways. 


STREET  SPRINKLING. 

Assessment  for,  see  Public  Impbovements, 
§  16. 


STREET   SWEEPING. 

Special  assessment  for,  see  Public  Impbove- 
ments, §  15. 


STRENGTH. 


Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  707. 


-♦■•-♦- 


STRICT  CONSTRUCTION, 

Of  statute,  see  Statutes,  §  26. 

♦•» 

STRICT   FORECLOSURE. 

See  Mortgage,  §§  75-77. 

— — — ^-*-^ 

STRIKE. 

In  general,  see  Conspiracy,  §§  6,  8. 

Constitutionality  of  statute  requiring  one 
advertising  for  help  during  strike  to 
•  mention  its  existence.  49  L.R.A. (N.S.) 
879. 

Liability  of  master  for  the  intentional  kill- 
ing or  injury  of  servant  by  strikers. 
L.R.A.1917F,  753. 

Contract  by  employer  to  protect  employees 
from  personal  violence  by  strikers. 
L.R.A.1918C,  929. 

Strike  as  within  provision  in  mining  lease 
excusing  payment  of  minimum  royalty 
under  certain  circumstances.  L.R.A. 
1917E,  1079. 

Insurance  against  loss  of  profits  by  strikes. 
L.R.A.1917C,  729. 


STRIKING  OUT. 


Of  pleadings,  see  Pleading,  §  14. 
Of  evidence,  see  Trial,  §  14. 


d.  Notice   of   defect   or  injury. 

§   24.  Generally. 

Notice    of    injury    due   to    defect   in    street 

car  track  or  street.     52  L.R.A.  463. 
Constitutionality   of   requirement  of   notice 

to,   of   defect  or   injuries,  as   condition 

of   liability   for   personal    injuries.      15  I  What  passes  under  bequest  of  contents  of. 

L.R.A.(N.S.)    203.  '  L.R.A.1915C,   661. 

Consult  also  L.R.A.  Digests  of  Cases. 


STRONG  BOX. 


1262 


INDEX  TO  L.R.A.  NOTES. 


STRONG    PASSIONS. 

As    proof    of    incapacity    of    testator.      27 
L.R.A.(N.S.)    61. 


STRUCTURES. 


Restrictive  covenants  as  to,  see  Covenants 
AND  Conditions. 

What  are  within  statute  relating  to  safety 
of.     30  L.R.A.(N.S.)    30. 


STRUMPET. 


Slander  in  charging  woman  with  being,  see 
Libel  and  Slandeb,  §  12. 


STUBS. 

Admissibility  of  memoranda  on  check  stubs. 
42  L.R.A.(N.S.)   727. 


STUDENT. 

Residence  of,  for  purpose  of  voting.  23 
L.R.A.  215. 

Acquiring  residence  as  voters  while  attend- 
ing school.     40  L.R.A.(N.S.)    170. 

♦  >» ■ 


STUD  HORSE. 

See  Staujons. 


STUMPS. 

Municipal   liabilitv   for    injury   bv   stumps 
in  street.     20' L.R.A.  (N.S.)   607. 


STUPOR. 

As    affecting    testamentary    capacity.      27 
L.R.A.{N.S.)   31;  L.R.A.1915A,  452. 


SUBAGENT. 


43 


Power  of  real  estate  broker  to  employ 
L.R.A.(N.S.)   796. 

Liability  of  principal  in  respect  of  the  re- 
muneration due  for  the  services  of. 
L.R.A.1918F,  720. 

Trust  in  proceeds  of  collection  by  insolvent 
bank  as  against  claims  of  subagent. 
32  L.R.A.  720. 

Right  of  subagents  to  purchase  real  estate 


SUBCONTRACT. 

Loss  of  profits  from  loss  of,  as  damages.    63 
L.R.A.  45. 


SUBCONTRACTORS. 

Rights  of,  under  subcontractors'  bonds,  see 

Bonds,  §  10. 
Lien  of,  see  Mechanics'  Liens,  §§  19-21. 
As  proper  party  to  bring  suit,  see  Parties, 

§  14. 

As  "employees"  within  meaning  of  Work- 
men's Compensation  Acts,  L.R.A.1918F, 
206. 

Liability  to  servants  of.     46  L.R.A.  75. 

Negligence  of,  causing  injurv  to  property 
owner.      2    L.E.A.(N.S.)  '  799. 

Language  used  by  owner  or  other  person  in- 
terested in  construction  of  building  im- 
porting a  promise  to  pay  a  sul>con- 
tractor  as  a  promise  to  answer  for  the 
debt  or  default  of  another.  5  B.  R.  C. 
96. 

#•  » • 


SUBFREIGHT. 

Maritime,  lien  for.     70  L.R.A.  371. 

♦<-• 

SUBJACENT  SUPPORT. 

Measure  of  damages  for  removing,  see  Dam- 
ages, §  72. 

Right  passing  by  deed,  see  DE3a>s,  §  23. 

Removal  of,  as  a  taking  of  property,  see 
Eminent  Domain,  §  43. 

Of  mine,  see  Mines,  §  29. 

Lateral  support,  see  Lateral  Support. 

Express  agreements  or  covenants  for.  48 
L.R.A.(N.S.)   474. 

Liability  for  removal  of  subjacent  support 
of  land  in  its  natural  condition.  68 
L.R.A.  673. 

Condemnation  or  grant  of  land  for  railroad 
right  of  way  as  carrying  right  to  sub- 
jacent support.     32  L.R.A.  (N.S.)    155. 


SUBLEASE. 


See  Landlord  and  Tenant,  §  38. 

♦-»♦ 

SUBMERGENCE. 

See  Waters,  §  43. 


SUBMISSION. 


To  arbitration,   see  Arbitration,   §§  2,   3, 


listed  with  broker  for  sale.     20  L.R.A.  I  Of  case  under  New  York   Code.     4  L.R.A. 
(N.S.)    1161.  685. 

Begin  with  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1263 


SUBORDINATE. 

Privileged  character  of  complaints  to  public 
officer  against  subordinates.  27  L.R.A. 
(N.S.)    1041. 

•Change  of  salary  of  subordinate  as  viola- 
tion of  constitutional  provision  against 
change  of  salary  of  public  officer  dur- 
ing term  of  office.  37  L.R.A.  (N.S.) 
388. 


SUBORDINATE    LODGE. 

Forfeiture  of  benefit  certificate  by  default 
of.     50  L.R.A.  111. 

"Waiver  by  officers  of,  of  forfeiture  for  non- 
pavment  of  assessments.  4  L.R.A. 
(N.S.)   421;  L.R.A.1915E,  152. 

Waiver  by,  of  right  of  benefit  association 
to  insist  upon  forfeiture  because  of  vio- 
lation of  laws  of  association.  -  10 
L.R.A.(N.S.)    136. 


SUBORNATION. 

Of  perjury,  see  Perjury. 


SUBPARTNERSHIP. 

•Creation  of,  bv  agreement  for  sharing  prof- 
its.     10    L.R.A. (N.S.)    1099. 


SUBPCENA. 


See  Witnesses,  §§  4,  5. 


SUBPCENA  DUCES  TECUM. 

See  Witnesses,  §  5. 


SUBROGATION. 


§    1.  Generally. 

Of  insurer,  or  to  rights  against  insurer,  see 
Insurance,  §  195. 

-Of  partner  who  pays  firm  debt,  see  Part- 
nership, §  26. 

Obligation  as  the  equivalent  of  payment  for 
the  purposes  of.     2  L.R.A.(N.S.)    263. 

Right  of  creditors  to  subrogation  to  per- 
sonal representative's  right  of  indem- 
nity for  debts  contracted  in  carrying  on 
business.    40  L.R.A. (N.S.)  233. 

Right  of  one  whose  securities  have  been 
pledged  to  bank,  to  secure  a  loan  to 
another,  to  be  subrogated  to  the  bank's 
lien  on  latter's  deposit  and  collateral. 
43  L.R.A.(N.S.)   197. 

6  2.  Of  one  discharging  debt,  lien  or 
encumbrance  generally. 

•On  pavment  of  another's  debt.  23  L.R.A. 
124. 

<Jonsnll;  also  L.R.A.  Digests  of  Cases, 


SUBROCATION— cont'd 

Right  of  one  paying  stranger's  debt  to  be 
subrogated  to  the  rights  of  the  cred- 
itor.     16   L.R.A.(N.S.)    233. 

Right  of  one  advancing  money  to  pay  off 
lien  or  encumbrance  upon  defective  se- 
curitv  to  be  subrogated  to  such  lien  or 
encumbrance.  5  L.R.A.(N.S.)  838;  46 
L.R.A.(N.S.)  1049;  50  L.R.A.(N.S.) 
489. 

Right  of  life  tenant  who  pays  off  liens  or 
encumbrances  as  against  remainderman. 
29   L.R.A.(N.S.)    153. 

Subrogation  to  remedies  of  legatee  on  pay- 
ment of  legacy  charged  upon  devise.  30 
L.R.A.(N.S.)   822. 

§  3.  Of  purchaser  at  judicial  sale. 

Of   purchaser  on  void  execution  sale.     21 

L,R.A.  48. 
Of  purchaser  on  annulling  judicial  sale.    69 

L.R.A.  39. 

§  4.  As   to  mortgages. 
Subrogation  of  insurer  to  rights  of  mort- 
gagee, see  Insurance,  §  197. 

To  rights  of  mortgagee,  generally.  5  L.R.A. 
289;*  23  L.R.A.  131. 

Of  holder  of  junior  mortgage  to  rights  of 
prior  mortgagee.  5  L.R.A.  290;*  23 
L.R.A.  131. 

Right  to  subrogation  to  lien  of  mortgage  for 
money  advanced  to  pay  off  the  same  on 
defective  security.  5  L.R.A.(N.S.)  838; 
46  L.R.A.(N.S.)  1049;  60  L.R.A.(N.S.) 
489. 

Right  of  one  cotenant  who  pays  mortgage 
to  be  subrogated  to  the  rights  of  mort- 
gagee as  against  other  cotenant  or  his 
privies.     8  L.R.A. (N.S.)    569.. 

Right  of  one  who  adavnces  money  to  an- 
other for  purpose  of  redeeming  from  a 
sale  under  a  mortgage  to  be  subrogated 
to  the  lien  of  the  mortgage.  23  L.R.A. 
(N.S.)    190. 

Right  of  one  advancing  money  for  purchase 
price  of  property  to  be  subrogated  to 
vendor's  lien  where  mortgage  is  taken 
as  security.     37  L.R.A. (N.S.)  1209. 

Subrogation  to  discharged  mortgage  in 
favor  of  assignee  of  equity  of  redemp- 
tion, who  pays  it  as  against  junior  lien. 
16  L.R.A.(N.S.)  470;  47  L.R.A.(N.S.) 
1190. 

§  5.  Of  surety. 

Of  surety  who  pays  judgment  against  prin- 
cipal. 68  L.R.A.  520,  523,  528,  534, 
572,  581. 

Rights,  as  against  principal  debtor,  of  one 
who  becomes  surety  or  guarantor  with- 
out his  knowledge  or  consent.  L.R.A. 
1918F,  709. 

Right  of  surety  to  be  subrogated  to  priority 
of  state  or  United  States  in  payment 
from  assets  of  debtor.  29  L.R.A.  240, 
248. 

Right  of  surety  advancing  money  for  pur- 
chase price  of  property  to  be  subrogated 
to  vendor's  lien.    37  L.R.A. (N.S.)  1204. 


1264 


INDEX  TO  L.R.A.  NOTES. 


SUBROGATION— cont'd 

Right  of  sureties  of  public  officer,  who  have 
made  good  a  loss  occasioned  by  their 
principal's  default  or  misconduct,  to 
be  subrogated  to  the  rights  of  the  obli- 
gee or  beneficiary  of  the  bond  against 
a  third  person.  14  L.R.A.(N.S.)  165; 
46  L.R.A.(N.S.)    557. 

Right  of  sureties  on  appeal  bond  or  super- 
sedeas to  look  to  sureties  on  prior  bond 
of  same  principal.  6  L.R.A.  (N.S.) 
1021;  L.R.A.1918D,  1192. 

§   6.  To  rights  of  surety. 

Bight  of  obligee  to  be  subrogated  to  securi- 
ty held  by  surety.  L.R.A.1916C, 
1062.  ' 

§   7.  To  vendor's  lien. 

See  Vendor  and  Pubchaseb,  §  7. 

§  8.     To  tax  lien. 

Of  person  paying  tax.     29  L.R.A.  282. 

Right  of  purchaser  of  property  to  recover 
the  amount  he  has  paid  to  relieve  land 
from  tax  lien  from  one  who  should  have 
paid  the  same  but  with  whom  he  had 
no  contractual  relationship.  22  L.R.A. 
(N.S.)   562. 

Right  of  .  one  who  voluntarily  advances 
money  to  pay  the  taxes  on  property  of 
another  to  be  subrogated  to  the  rights 
of  the  public.     L.R.Aa915D,  697. 

§  9.  As  to  judgments. 

Subrogation  upon  payment  of  judgment  as 
extending  to  lien  on  after-acquired 
property.     43  L.R.A. (N.S.)    614. 


SUBSCRIBING  WITNESSES. 

See  Attesting  Witness. 


SUBSCRIPTION. 


Construction   of   subscription   contract,   see 

CONTEACTS,    §    69. 

For  stock,  see  Cobpokations,  §§  77-81a. 
To  will,  see  Wills,  §§  20-24. 

Forfeiture  of,  for  breach  of  condition.  13 
L.R.A.  698. 

EfiFect  of  receipt  of,  to  mitigate  damages 
for  wrongful  death.     67  L.R.A.  94. 

By  municipality  to  internal  improvements, 
statutes  legalizing.     27  L.R.A.  701. 

Gift  of  note  for.     26  L.R.A.  305. 

Validity  and  enforceability  of  subscription 
for  charity.     48  L.R.A.(N.S.)   783. 

Validity  of  subscription  induced  by  false 
statements  that  certain  other  persons 
were  to  invest  in  the  enterprise.  29 
L.R.A.  (N.S.)  477. 

Right  of  subscriber  to  lottery  scheme  to  re- 
cover his  subscription  thereto.  16 
L.R.A.(N.S.)    571. 

Procuring  subscriptions  on  Sunday.  14 
L.R.A.   194. 

Begin  with  this  tooTc  on  every  law  question. 


SUBSCRIPTION— cont'd 
For  salary  of  pastor.     38  L.R.A.  687;   62; 
L.R.A.(N.S.)    172. 


SUBSEQUENT  CREDITORS. 

Validity    of    conveyance    as    against,    see 
Fraudulent  Conveyances,  §  23. 


SUBSEQUENT  PURCHASERS. 

Injunction  against  execution  sale  of  prop-^ 
erty  of.     30  L.R.A.  114. 


SUBSEQUENT   WILL. 

Revocation  of  prior  will  by,  see  Wills,  §  38. 


SUBSIDIARY   CONTRACTS. 

Conflict  of  laws  as  to  subsidiary  contracts- 
with  insurance  company.  52  L.R.A. 
(N.S.)   281. 


SUBSIDY. 


Power  of  chamber  of  commerce  or  board  of 
trade  to  subsidize  enterprises.  L.R.A. 
1916B,  1009. 


SUBSIDY  LANDS. 


Location  of  mining  claim  on  railroad  sub- 
sidy lands.     7  L.R.A. (N.S.)    802. 


SUBSTANTIAL    PERFORMANCE. 

Of  contracts,   see  Conteacts,  §§  129,  13tt, 
138. 


SUBSTITUTE. 


Admissibility  as  affecting  damages  for  per- 
sonal injuries  of  amount  paid  for  serv- 
ices of  substitute.  30  L.R.A. (N.S.) 
737. 

Delay  by  purchaser  in  securing  substitute  as 
affecting  his  damages  for  vendor's  fail- 
ure to  deliver.     32  L.R.A.  (N.S.)    192. 

Validity  of  agreement  made  after  divorce 
as  substitute  for  award  of  alimonv.  35^ 
L.R.A.(N.S.)    1167. 


INDEX  TO  L.R.A.  NOTES. 


1265 


SUBSTITUTE  CONVEYANCES. 

See  Deeds,  §  la;  Taxes,  §  81. 


SUBSTITUTED   SERVICE. 

See  Wkit  and  Pkocess,  §§  15-19. 


SUBSTITUTION. 


Effect  of  void  substitution  on  liability  on 
original  contract,  see  Contracts,  §  72. 

Substitute  conveyances,  see  Deeds,  §  la; 
Taxes,  §  81. 

Of  parties,  see  Parties,  §  40. 

Of  parties  on   appeal  or  error  to  or   from 

Federal  Supreme  Court.    66  L.R.A.  856. 
Of    juror     in     criminal    case.       25     L.R.A. 

(N.S.)    36. 
Of  tonnage  at  transit  point  where  transit 

privilege  has  been  given.     L.R.A.1918A, 

188. 
Abandonment  or  loss  of  private  way  by  use 

of   substituted   way.     22   L.R.A. (N.S.) 

883. 


SUBTERRANEAN  WATERS. 

See  Waters,  §§  72-77. 


SUBURBAN    PROPERTY. 

Constitutionality  of  frontage  rule  of  assess- 
ment of,  for  public  improvements.  17 
L.R.A.  332. 


SUBWAY. 

Constitutionality  of  statutes  as  to,  see  Con- 

STiTUTioNAL  Law,  §  151. 
Subway  railroad,  see  Subway  Railroad. 

Tax  or  assessment  for  public  improvement 
on  subway  forming  part  of  highway. 
44  L.R.A.(N.S.)   837. 

Franchise  of  electrical  company  for.  34 
L.R.A.  369. 

Requiring  electric  wires  to  be  put  under 
ground.     31  L.R.A.  806. 

Privilege  of  subway  in  street  as  contract 
within  provision  against  impairing  ob- 
ligation.    50  L.R.A.  147. 

Municipal   liability  for   injury  to   abutting 
owner  from,   under  constitutional  pro- 
vision     against      "damaging"      private 
property   for   public  use   without   com-  | 
pensation.     36  L.R.A.(N.S.)    1198. 

ConsitU  also  L.R.A.  nigcsts  of  Cases.     80 


SUBWAY  RAILROAD. 

Injury'  bv  crush  in  entering  car  at  subway 
station.  7  L.R.A. (N.S.)  729;  51  L.R.A, 
(N.S.)    1152. 

As  additional  servitude  in  street.  36  L.R.A. 
(N.S.)    727;   L.R.A.1915F,  1005. 


SUCCESS. 

Validity  of  agreement  by  which  compensa- 
tion is  dependent  on  success  in  procur- 
ing contract  with  public  officer  or 
board.  39  L.R.A.(N.S.)  747;  L.R.A. 
1915C,  823. 


SUCCESSION  TAX. 

See  Taxes,  §§  90-105. 


SUCCESSIVE   ASSESSMENTS. 

Against     stockholders,    see    Cobporations, 
§  110. 


SUCCESSIVE   PINES. 

In  loan  association.     35  L.R.A.  219. 
♦  *» 


SUCCESSIVE  GARNISHMENTS. 

Amount   of   wages   exempted    upon.   L.R.A. 
1917D,  899. 


SUCCESSIVE   GRANTS. 


Of  water  power.    67  L.R.A,  372. 


SUCCESSOR. 


Right  Qf  vendor  of  business  and  good  will 
to  hold  himself  out  as  successor  of  busi- 
ness sold.     19  L.R.A.(N.S.)   766. 

Does  guaranty  of  credit  extended  for  price 
of  goods  sold  cover  sales  to.  19  L.R.A. 
(N.S.)   901. 

Liability  of  successor  of  railroad  company 
for  damages  to  abutting  property  from 
construction  of  road  in  street.  L.R.A. 
1915D,  397. 


SUCTION. 

Liability  for  injuries  to  person  near  track 
in  consequence  of  suction  from  passing 
train.    L.R.A.1917B,  1163. 


1266 


INDEX  TO  L.R.A.  NOTES. 


SUCTION— cont'd 

Contributory    negligence     of     child    beside 

track  drawn  under  train.    L.R.A.1917F, 

150. 


♦-•-♦ 

SUDDEN    EMERGENCY. 

See  Emebgency. 


■#« » 

SUE  AND  LABOR  CLAUSE. 

flight  to  recover  under  "sue  and  labor" 
clause  in  policy  of  marine  insurance  for 
moving  cargo  over-land.  14  L.R.A. 
(N.S.)    1161. 


SUICIDE— cont'd 

Effect  of  statutory  enactments  as  to  sui- 
cide.    66  L.R.A.  306. 

Sufficiency  of  proof.     66  L.R.A.  307. 

Evidence  of  declarations  of  intent  to  com- 
mit.   L.R.A.1916B,  819. 

Civil  liability  for  causing.  47  L.R.A. 
(X.S.)    1009. 

As  affecting  abatement  of  action  or  cause 
of  action.     L.R.A.1916A,  J  1^1. 

Recovery  for  death  by  suicide  undfer  Work- 
men's Compensation  Act.  L.R.A.]  916A, 
339;   L.R.A.1917D,  103,  112. 

Effect  of  suicide  of  person  wounded,  on 
criminal  responsibility  for  death.  51 
L.R.A.{N.S.)    881. 


SUFFERING. 


Admissibility    of    complaints    of,    see    Evi- 

DEXCE,  §  238. 
Mental,  see  ME^'TAL  Anguish. 
Physical,  see  Physical  Suffekinq. 


♦  •  » 


SUFFIX. 

To  name,  see  Name,  §  5. 
♦-•-♦ 


SUFFOCATION. 


Dutv  of  carrier  to  protect  live  stock  from 
'injury  by.    39  L.R.A.  (N.S.)  642. 


■♦♦» 


SUFFRAGE. 

Right  of,  see  Elections,  I. 
♦-•-♦ 


SUGAR. 

Sufficiency  of  deliverv  of  sugar  sold  out  of 
larger  lot.    26  L.R.A.  (N.S.)  35. 


SUICIDE. 

Presumption  and  burden  of  proof  as  to,  aee 

Evidence,  §  32. 
Of  insured,  see  Insurance,  §§  170,  171. 

As  evidence  of  testamentary  incapacity.    24 

L.ILA.  677;  27  L.RA.(N.S.)  94;  L.R.A. 

1916A,  463. 
Attempt  of  intoxicated  person  to  commit. 

36  L.R.A.  479. 
Attempt  to  commit  suicide  as  a  crime.     7 

L.R.A.(X.S.)    286. 
Inciting   or   abetting.      68   L.R.A.    304;    22 
L.R.A.(N.S.)  243, 


SUITABILITY. 

See  Sale,  §§  31,  32. 


SUIT  CLUB. 


Distribution  of  suits  by  tailor  among  mem- 
bers of  club  as  lottery.  21  L.R.A. 
(N.S.)  876. 


SUIT   MONEY. 


In  divorce  case,  see  DrvoBCE  and  Sepaba- 
TiON,  §§  39-40a. 


SUITOR. 

As  grand  juror.    28  L.R.A.  202. 


SULPHLTl. 


Keeping  of,   on   insured  premises.     L.R.A. 
1917C,  278. 


SUMMARY   JUDGMENT. 

Failure  of  consideration  as  ground  for  in- 
junction against.     31  L.R.A.  755. 


SUMMARY  PROCEEDINGS. 

Against  tenant,  see  Landlobd  and  Tenaht, 
§  94. 

To  remove  obstructions  in  highwav.  18 
L.R.A.  149. 

Conclusiveness  of  foreign  decree  in.  20 
L.R.A.  680. 

Right  of  receiver  to  take  property  from 
possession  of  stranger  through  sum- 
mary proceedings.  47  L.R.A.  (N.S.) 
744. 


Begin  with  this  booTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1267 


•SUMMARY  PROCEEDINGS— cont'd 
Determination  of  disputed  questions  in  sum- 
mary proceedings  to  compel  attorney  to 
surrender  money   or  property.     L.R.A. 
1918D,  830. 


■T  T'r: 


SUMMONS. 

■See  Writ  and  Process. 


SUNDAY. 

f   1.  Generally. 

Amusements  on,  see  Amcsements,  §  9. 

Constitutionality  of  Sunday  laws,  see  Con- 
stitutional Law,  §  15i2. 

Sale  of  liquor  on,  see  Intoxicating  Liqtjob, 
§  25. 

Rule  as  to,  in  computing  time,  see  Time, 
§  19. 

Execution  of  will  on,  see  Wills,  §  19. 

Special  penalty  for  violation  of  Sunday 
closing  act.     15  L.R.A.  (N.S.)   646. 

Violation  of  Sunday  law  as  a  continuing 
offense.      20    L.R.A.  (N.S.)    783. 

•Criminal  liability  for  Sabbath  breaking  by 
agent  or  servant.    41  L.R.A,  658,  670. 

"Criminal  liability  of  children  for  Sabbath 
desecration.     36  L.R.A.  208. 

Eight  of  alleged  fraudulent  grantee  to  show 
that  judgment  against  grantor  was 
based  on  a  transaction  in  violation  of 
Sunday  law.     67   L.R.A,  602. 

Duty  of  innkeeper  as  to  furnishing  liquor 
to  traveler  on  Sunday.  2  B.  R.  C. 
687. 


§   2.  Holiday  falling  on. 

Transfer  of  holidav  from  Sunday  to  Monday. 
19  L.R.A.  320. 

§   3.  Judicial  proceedings  on. 

Receiving    verdict    on    Sundav.      7    L.R.A. 

327;*  39  L.R.A. (N.S.)    844. 
•Charging   jury    on    Sunday.      L.R.A.1915D, 

361. 

§  4.  Contracts. 

•Conflict  of  laws  aa  to,  see  Conflict  of 
Laws,  §  3. 

•Conflict  of  laws  as  to  Sunday  contract.  34 
L.R.A.  (N.S.)  67. 

Validity  and  enforceability  of  subscrip- 
tion for  charitv  made  on  Sundav.  48 
L.R.A.(N.S.)    802. 

Validity  of  sale  partially  made  on  Sun- 
dav and  perfected  on  secular  day.  4 
L.R.A.  (N.S.)    1151. 

Delivery  on  week  day  pursuant  to  contract 
made  on  Sunday.    20  L.R.A. (N.S.)  86. 

Signing  or  delivering  replevin  bond  on  Sun- 
day as  a  defense.    29  L.R.A.(N,S.)  750. 

EflFect  of  pavmcnt  of  debt  on  Sundav.  15 
L.R.A. (N.S.)  243. 

•Consult  also  L.R.A.  Digests  of  Cases. 


SUNDAY— cont'd 

Efi'ect  of  appointing  agent  on  Sunday.  43 
L.R.A.  (N.S.)    140. 

Judgment  entered  upon  warrant  of  attorney 
in  contract  made  on  Sunday.  44 
L.R.A.(N.S.)    727. 

Question  as  to  legality  of  contract  for  trans- 
mission of  death  message  on  Sunday 
where  recovery  for  mental  anguish  be- 
cause of  negligence  in  transmission  is 
sought.     49  L.R.A. (N.S.)   266. 

Liability  for  damage  to,  or  conversion  of, 
property  leased  or  hired  in  violation  of 
Sunday  law.    L.R.A.1915F,  644. 

Effect,  upon  validity  of  contract,  of  igno- 
rance of  one  party  that  it  was  executed 
by  the  other  on  Sunday.  18  L.R.A. 
(N.S.)    1176. 

Remedy  of  party  as  to  rescission  of  Sundav 
contract.  17  L.R.A.  779;  L.R.A.1917D, 
450. 

Retention  of  consideration  as  defeating  de- 
fense  that  contract  was  made  on  Sun- 
day. 6  L.R.A. (N.S.)  295;  44  L.R.A. 
(N.S.)   289. 

Invalidity  of  Simday  contract  as  affecting 
right  of  innocent  third  person  to  en- 
force  it.  L.R.A.1917C,   586. 

§   5.  Labor  or  business  on. 

Violation  of  Sunday  law  by  barbers,  see 
Babbees,  §  2. 

Sunday  labor.     14  L.R.A.   192. 

Publication  and  sale  of  newspaper  on  Sun- 
day.    L.R.A.1916C,  1151. 

Duty  of  carrier  to  give  regular  train  service 
on  Sunday.     30  L.R.A. (N.S.)    401. 

Prohibition  of  running  of  freight  trains  on 
Sunday  as  excuse  for  delay  in  trans- 
portation.   31  L.R.A.(N.S.)  1184. 

Right  of  servant  to  recover  for  extra  work 
done  on  Sunday.     30  L.R.A. (N.S.)   659. 

Servant's  duty  to  obev  master's  orders  aa 
to  working  on.     24  L.R.A. (N.S.)    833. 

Slot  machine  as  violating  statute  against 
Sunday  trading.     7  B.  R.  C.  294. 

§   6.  — work   of   necessity. 

Sale  and  delivery  of  food  and  refreshments 

on  Sunday  as.     18  L.R.A.(N.S.)    617; 

L.R.A.1917C,  381. 
Agricultural  operations  on   Sunday  as.     5 

L.R.A.(N.S.)   320. 
Publication  and  sale  of  newspaper.    L.R.A. 

1916C,  1151. 
Barbering.    L.R.A.1917B,  97. 

§   7.  Personal   injuries. 

Violation  of  Sunday  law  as  defense  to  action 
for  personal  injuries.  36  L.R.A. 
(N.S.)  547;  L.R.A,1917A,  547. 
From  defects  in  highway.  13  L.R.A. 
(N.S.)  1271;  21  L.R.A.(N.S.) 
660;  36  L.R.A. (N.S.)  547;  L.R.A. 
191 7A,  547. 

§  8.  State  and  municipal  offense. 

Municipal  ordinance  regulating  observance 
of  Sundav,  which  is  also  regulated  by 
state  law'.     17  L.R.A.(N.S.)    51. 


1268 


INDEX  TO  L.E.A.  NOTES. 


SUNDAY— cont'd 

Right   of    both   state   and   municipality   to 

convict  of  violation  of  Sunday  closing 

laws.    31  L.R.A.(N.S.)  708. 


SUNDAY    SCHOOLS. 

Validity  of  bequest  for.     37   L.RJL.(N.S.) 

1004. 
Enforcement    of    bequest    for.      14    L.R.A. 

(N.S.)  96. 
As  a  meeting  within  purview  of  offense  of 

disturbing  a  meeting.     30  L.RA.{N.S.) 

830. 


SUN  STROKE. 


Risks  covered  by  insurance  against.  6 
L.R.A.(N.S.)  609;  L.R.A.1916E,  957. 

Recovery  under  Workmen's  Compensation 
Act  for  injuries  caused  by.  L.RA. 
1918F,  936. 


SUN   TIME. 
See   Time,   §   13. 


SUPERINTENDENCE. 

Master's  dutv  as  to,  see  Master  and  Sebv- 

ANT,   §   103. 

Treatment  of  expense  of,  in  public  service 
propertv  valuations.  48  L.R.A.{N.S.) 
1040. 


SUPERINTENDENT. 

Injury  to  servant  through  negligence  of,  see 
Master  and  Servant,  III.  d,  3. 

Right   to   mechanics'   lien.     16   L.R.A.   601. 
Of    hospital,    right   of    woman    to   be.     38 

L.R.A.  211. 
Report  by,  as  privileged  communication.     5 

L.R.A.(N.S.)   163. 
Authority   of,    to   contract   for    services   of 

other  persons.     L.R.A.1918F,   50. 
Grounds  or  justification  for  discharge  of  one 

employed   in   executive   or   supervisory 

capacity.     L.R.A.1918C,   1030. 


SUPERINTENDENT    OF    PUBLIC 
INSTRUCTION. 

Right  of  woman  to  be.     38  L.R.A.  212. 


SUPERINTENDENT   OF    SCHOOLS. 

Privilege  of.  in  reporting  to  school  authori- 
ties on  character  of  teacher.  30  L.R.A. 
(N.S.)    200. 

Begin  with  this  booTc  on  every  laiv  question. 


SUPERINTENDENT       OF       SCHOOLS — 

cont'd 
Power   of   board   to   employ   superintendent 

for  term  extending  beyond  its  own  term- 

29  L.R.A.(N.S.)    657. 

♦-•-♦ 


SUPERINTENDING  CONTROL. 

See  CouBTS,  §§  30,  31. 
*  >  » 

SUPERIOR    EMPLOYEES. 

See  Master  and  Servant,  III.  d,  3. 


SUPERNATURAL  INFLUENCES. 

EflFect  of  belief,  on  capacity  to  make  will 
or  deed.     16  L.R.A.  677. 


SUPERSEDEAS. 


On  appeal,  see  Appeal  and  Ebbob,  §§  9-lOa, 
15-17,  46. 


SUPERSTITIOUS    USES. 

Bequest  for  masses  as.    25  L.R.A.  360. 

♦•  » 

SUPERVISING  EMPLOYEES. 

As  fellow  servants,  see  Master  and  Serv- 
ant, III.  d,  3. 

Character  of  occupancy  of  premises  by.     4 
L.R.A.(N.S.)    712. 


SUPERVISION. 


Employer's    duty    as   to,    see   Master   and 
Servant,  §  103. 


SUPERVISORY  JURISDICTION. 

On  appeal,  see  Appeal  and  Error,  §  5. 
Of  superior  over  inferior  or  subordinate  tri- 
bunal, see  Courts,  §§  30,  31. 


^»» 


SUPPLEMENTARY  PLEADING. 

See  Pleading,  §  12. 

♦ » » 

SUPPLEMENTARY  PROCEEDINGS. 


See  Execution,  §§  15,  16. 


INDEX  TO  L.R.A.  NOTES. 
SUPPLIES.  SUPPORT— cont'd 


126J) 


5   1.  Generally. 

Purchase  of  supplies  by  foreign  mining  or 
manufacturing  corporation  as  doing 
business  within  tiie  state.  L.R.A. 
1917E,  1157. 

Claim  against  state  for.     42  L.R.A.  61. 

Priority  of  claims  against  property  in  hands 
of   receiver  for.     2   L.R.A.  (N.S.)    1058. 

"What  supplies  to  jurors  are  proper  sub- 
iects  of  county  charge.  21  L.R.A. 
■(N.S.)  200. 

Hight  of  taxpayer  in  absence  of  statute  to 
enjoin  unlawful  expenditures  by  munic- 
ipality for.     36  L.R.A.(N.S.)    22. 

§    2.  liien   for. 

Mechanics'  lien  for,  see  Mechanics'  Liens. 

Maritime  lien  for.    70  L.R.A.  365,  381,  391, 

407,  4:;!). 

Priority  of  claim  for  supplies  against  prop- 
erty in  hands  of  receiver  over  recorded 
liens.     41   L.R.A. (N.S.)    696,   701,  708. 

Acceptance  of  commercial  paper  as  waiver 
of  lien  for.     35  L.R.A. (N.S.)    94. 


SUPPORT. 


7.  In  general,  §§  1,  2. 
II.  Contract  for,   §§   3-5. 
III.  Of  building  or  land,  §  0. 

I.  In   general. 

§    1.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §§  106a,  153. 

Of  child,  see  Contracts,  §  87;  Divorce  and 
Separation,  §  57;  Infants,  §§  11-13. 

Of  relative,  see  Relatives,  §  3. 

Of  parent  or  adult  child,  see  Parent  and 
Child,  §  9. 

Of  wife,  generally,  see  Divorce  and  Sepa- 
ration, §§  34-49;  Husband  and  Wife, 
§§   7-10,   21,  22,  70,  71. 

Allowance  for  widow's  support,  see  ExECtr- 
TORS  and  Administrators,  §§  55,  55a. 

Of  incompetent  person,  see  Incompetent 
Persons,  §  17. 

Of  parent  or  adult  child,  see  Parent  and 
Child,  §  9. 

Of  pauper,  see  Poor  and  Poor  Laws,  §§  4,  5. 

Failure    to   furnish   support   as   ground    of 

divorce  or  separation.    43  L.R.A. (N.S.) 

255. 
Municipal  power  to  provide  during  epidemic. 

26   L.R.A.   729. 
Garnishment  of  claims  for.     59  L.R.A.  374. 
Equitable  relief  against  forfeiture  of  devise 

on  condition  of  support.    69  L.R.A.  841. 
Using  lunatic's  property  in  support  of  his 

family.     34  L.R.A.  297. 

§   2.  Provision  in  will  for. 

See  Wills,  §  95. 

Consult  also  L.R.A.  Digests  of  Cases. 


II.  Contract  for, 

§  3.  Generally. 

Undue  influence  in  conveyance  or  transfer 
of  property  in  consideration  of  support 
of  third  person.     52  L.R.A. (N.S.)    476. 

Moral  obligation  as  consideration  for  prom- 
ise to  pay  for  past  support  of  relative. 
53  L.R.A.  355;  26  L.R.A.(N.S.)  520. 

Right  of  one  who  breaks  contract  to  sup- 
port another  for  life,  to  recover  on 
quantum  meruit.     14  L.R.A. (N.S.)  537. 

Effect  of  statute  of  frauds  upon  parol  con- 
tracts to  support  for  life.  15  L.R.A. 
(N.S.)    330;   L.R.A.1915E,  563. 

Liability  of  lessee  for  rent  during  part  of 
terra  remaining  after  death  of  person 
whom  he  agreed  to  support.  33  L.R.A. 
(N.S.)    347. 

Specific  performance  of  contract  to  provide 
for  intended  husband  or  wife.  12  L.R.A. 
(N.S.)   232. 

Specific  performance  of,  or  injunction  dur- 
ing lifetime  of  promisor,  against  breach 
of  contract  to  leave  property  at  death 
to  complainant.     18  L.R.A. (N.S.)    218. 

Validity  of  antenuptial  contract  by  husband 
or  wife  to  support  the  other.  15  L.R.A. 
(N.S.)   491. 

Apportionment  of  annuity  created,  for.  63 
L.R.A.  621. 


§  4.  Of  grantor. 

Applicability  of  succession  tax  to  property 
conveyed,  or  agreed  to  be  conveyed,  in 
support  of  grantor  during  his  life.  52 
L.R.A.(N.S.)   211. 

Undue  influence  in  conveyance  or  transfer 
of  property  in  consideration  of  support 
of  the  grantor.     52  L.R.A. (N.S.)   476. 

Validity  of  agreement  to  transfer  future-' 
acquired  property  in  consideration  of 
maintenance.     70  L.R.A.  485. 

Agreement  for  support  in  consideration  -of 
conveyance  as  basis  for  equitable  lien. 
13  L.R.A.(N.S.)  725;  28  L.R.A.{N.S.) 
607. 

Right  to  subject  debtor's  interest  under  con- 
tract for  his  support  to  claims  of  cred- 
itors.    42   L.R.A. (N.S.)    1213. 

Relief  of  grantor  in  conveyance  in  con- 
sideration of  agreement  to  support, 
which  is  broken  by  grantee.  43  L.R.A. 
(N.S.)   916;  L.R.A.1917D,  627. 

Specific  performance  of  contract  to  leave; 
property  in  consideration  of.  44  L.R.A. 
(N.S.)    733. 

Specific  performance  of  oral  contract  to 
devise  or  convey  land  in  consideration 
of  performing  services  or  furnishing 
support  where  no  possession  is  taken 
or  improvements  made.  15  L.R.A. 
(N.S.)  466;  38  L.R.A. (N.S.)   752. 

Does  grantor's  right  to  rescind  for  breach 
of  condition  as  to  support  descend  to 
his  heirs  or  representatives.  23  L.R.A. 
(N.S.)  232. 


1270 


INDEX  TO  L.R.A.  NOTES. 


SUPPORT,  II.— cont'd 

May  grantor  rescind  a  deed  executed  in  con- 
sideration of  future  suj^port  wliere  per- 
formance by  grantee  is  witliout  fault  on 
his  part  prevented  by  the  grantor.  25 
L.R.A.(N.S.)    932. 

Excuse  for  failure  of  grantee  to  perform 
agreement  to  support.  L.R.A.1917E, 
658. 

Parol  evidence  that  consideration  for  deed 
was  support  of  grantor.    20  L.R.A.  104. 

Parol  evidence  of  agreement  to  support 
grantor  in  addition  to  consideration 
named  in  deed.     25  L.R.A.  (N.S.)   1199. 

Applicability  of  succession  tax  to  property 
conveyed  or  agreed  to  be  conveyed  in 
consideration  of  grantor's  support  dur- 
ing his  life.     18  L.R.A. (N.S.)    226. 

§  5.  Of  mortgagee. 

Effect  of  unaccepted  tender  on  lien  of  mort- 
gage for  support  of  mortgagee.  33 
L.R.A.  235. 

7/7.  Of  'building  or  land. 

§   6.  Generally. 

Lateral  support,  see  Lateral  Support, 
Subjacent  support,  see  Mines,  §  29;   Sub- 
jacent Support. 

Right  of  owner  of  upper  floor  to  compel 
maintenance  of  walls.  3  L.R.A. (N.S.) 
510. 

Effect  of  destruction  of  building  to  termi- 
nate adjoining  owner's  easement  of  sup- 
port. 19  L.R.A.(N.S.)  883;  46  L.R.A. 
(N.S.)   1021. 


♦-•-♦ 

SUPPRESSION  OF  COMPETITION. 

See  Competition. 

♦<-♦ 


SUPREME  COURT  OF  THE  UNITED 
STATES. 

Appellate  jurisdiction  of,  see  Appeal  and 

Error,  §  4. 
Subsequent  proceedings  below  pending  error 

or  appeal  to,  see  Appeal  and  Error, 

§  10a. 
Time  for  transfer  of  cause  to,  see  Appeal 

AND  Error,  §  15. 
Security  on  error  or  appeal  to,  see  Appeal 

AND  Error,  §  17. 
What   should   be   shown  by   record   in,   set 

Appeal  and  Error,  §  20. 
Questions  reviewable  in,  see  Appeal  and  Er- 
ror, §  28. 
Review  of  facts  in,  see  Appeal  and  Error, 

§   34. 

Jurisdiction  of  civil  actions  against  consuls. 
45  L.R.A.  580. 

Jurisdiction  of  criminal  actions  against  con- 
suls.    45  L.R.A.  584. 

Superintending  control  and  supervisory  ju- 
risdiction of.     51  L.R.A.  33. 


SUPREME  COURT  OF  THE  UNITED 
STATES— cont'd 

Review  in,  on  certiorari  of  decision  of  Fed- 
eral court.     50  L.R.A.  801. 

Jurisdiction  of  action  against  national  bank 
to  recover  penalty  for  taking  usurious 
interest.     56  L.R.A.  680. 


SURCHARGE. 


Right  of  court  to  surcharge  account  of  exec- 
utor, administrator,  guardian  or  receiv- 
er in  absence  of  objection  of  the  account 
or  on  objection  by  amicus  curioe.  18 
L.R«A..(N.S.)    284. 


SURETY    COMPANIES. 

Do  companies  guarantying  performance  of 
contracts  constitute  insurance  com- 
panies.    47    L.R.A. (N.S.)     295. 

Legal  powers  and  privileges  of  surety  and 
trust   companies.      48    L.R.A.    587. 

Character  of  and  rules  governing  contracts 
by  corporations  engaged  for  profit  in- 
business  of  guarantying  fidelity  or  con- 
tracts of  other  persons.  33  L.R.A.  (N.S. > 
513. 


■♦»» 


SURETYSHIP. 

See  Principal  and  Surety. 
« ♦<-♦ " 


SURFACE. 


Right  of  owner  or  lessee  of  mineral  in  place 
as  to  use  of.     48  L.R.A. (N.S.)    883. 


SURFACE   SUPPORT. 


See  Subjacent  Support. 


SURFACE    WATERS. 


See  Waters,  §§  59-67. 


SURF   BATHIXG. 


As   violation   of   Sunday   Laws.   30   L.R.A. 
(N.S.)    470. 


SURGEONS. 


See  Physicians  and  Suroiions. 


Begin  with  this  IwoTc  on  every  laiv  question. 


INDEX  TO  L.R.A.  AOTES. 


1271 


SUBGICAIi    OPERATIONS. 

See  Physicians  and  SxmGEONS,  §§  12-16. 
^ » » 


SURNAME, 


See  Name. 


SURPLUS. 

On  foreclosure,  see  Mobtgage,  §  83. 

Garnishment  of.     59  L.R.A.  368. 

Taxation '  of,  as  part  of  capital  stock  of 
corporation.     58  L.R.A.  569. 

Distribution  of,  upon  dissolution  of  mutual 
insurance  company.  3  L.R.A.  (N.S.) 
653. 

Of  insolvent  insurance  company,  distribu- 
tion of.     38  L.R.A.  110. 

Representation  or  estimate  of  insurance 
company  as  to.     L.R.A.1918F,  343. 

Reservation  of  surplus  upon  assignment  of 
chose  in  action  as  security,  as  a  fraud 
upon  other  creditors.  36  L.R.A. (N.S.) 
370. 


SURPLUSAGE. 


In  indictment,  see  Indictment,  etc.,  §  8a. 

Correction  of  special  verdict  by  rejection  of. 
24  L.R.A.(N.S.)   72. 

Rejecting  as  surplusage  unauthorized  pro- 
visions in  statutory  bonds.  L.R.A. 
1917B,  991. 


SURPLUS  PRODUCTS. 

Power  of  Public  Service  Commission  to 
.regulate  disposition  of.  L.R.A.1918C, 
680. 


SURPLUS  WATER. 

Use  of,  in  improving  navigability  of  stream. 
67  L.R.A.  848. 


SURPRISE. 


Parol  evidence  as  to,  see  Evidence,  §  176. 
As  ground  of  injunction  against  judgment, 

seB  Injunction,  §  56. 
As   ground   for   relief    from   judgment,    see 

Judgment,  §  94. 

Right  to   impeach   own  witness   in  case  of. 

21  L.R.A.  424. 
Consult  also  L.R.A.  Digests  of  Cases, 


SURRENDER. 

§   1.  Generally. 

Of  fugitive  from  justice,  see  Extbaditioit. 

Of  insurance  policy,  see  Insurance,  §§  53, 
54. 

Of  tenancy,  see  Landlobd  and  Tenant,  §§ 
29,  30. 

Of  office,  see  Officebs,  §  20. 

Loss  or  waiver  of  right  by  pledgee's  sur- 
render of  property,  see  Pledge  and  Col- 
lateral Security,  §  9. 

Power  of  corporate  president  to  surrender 
claims.     14  L.R.A.  359. 

Of  bonus  stock.     38  L.R.A.  494. 

Applicability  of  statute '  of  frauds  to  sur- 
render of  purchaser's  interest  under 
land  contract.     19  L.R.A. (N.S.)   879. 

Estoppel  of  possessor  of  land  to  assert 
claim  by  surrender.  13  L.R.A. (N.S.) 
'      137. 

§   2.  By  accused. 

Of  fugitive  from  justice.     26  L.R.A.  34. 

Right  to  habeas  corpus  in  case  of  voluntary- 
surrender.     35  L.R.A. (N.S.)   885, 

Admissibility  of  evidence  of  defendant's  vol- 
untary surrender.  20  L.R.A.(N.S.). 
400. 


SURRENDER  CLAUSE. 

Surrender  clause  in  oil  or  gas  lease  as  ren- 
dering it  unilateral.  L.R.A.1917B, 
1206. 


SURRENDER  VALUE. 

Of  policy,  see  Insurance,  §  67. 


SURROGATE. 

Jurisdiction  of,  see  Coubts,  §  34. 

Conclusiveness  of  surrogate's  decree  on  right 
of  personal  representative  to  interplead 
claimants.    37  L.R.A.(N.S.)  987. 


SURVEY. 

Conclusiveness  of  decisions  or  findings  of 
the  Land  Department  as  to.  L.R.A.. 
1918D,  630. 


SURVEYOR. 


Place  at  which  official  acts  of,  may  be  per- 
formed.    33  L.R.A.  92. 

Liability  of,  for  errors  or  mistakes.  38: 
L.R.A.(N.S.)    1043. 


1272  INDEX  TO  L 

SURVEYOR  GENERAL. 

Power  of  courts  to  enforce  ministerial  du- 
ties of  state  surveyor  general.  52 
L.R.A.(N.S.)   443. 


SURVIVAIi. 


Of  action  or  cause  of  action,   see  Abate- 
ment AND  Revival,  §§  2-4. 
Of  contract,  see  Contracts,  §  146. 

Of  primary  obligation  on  payment  by  sure- 
ty,    68  L.R.A»  548. 


SURVIVING  PARTNER. 

See  Pabtneeship,  §§  41-45. 


SURVIVORSHIP. 


Presumption  of,  see  Evidence,  §  31. 

Admissibility  of  finding  of  coroner  to  prove 
that  one  spouse  predeceased  the  other. 
45  L.R.A.(N.S.)    408. 

Rights  acquired  by,  under  hemestead  and 
exemption  laws.  4  L.R.A.  (N.S.)  390; 
L.R.A.1917C,  370. 

Constructive  trust  in  deed  of  homestead  by 
husband  to  wife  with  proviso  attempt- 
ing to  derogate  from  her  right  of.  1 
L.R.A.(N.S.)   312. 

Character  of  remainder  created  by  devise 
thereof  to  certain  persons  "or  as  many 
of  them  as  may  be  living;"  "such  of 
[a  class  or  group]  as  may  be  living;" 
or  with  other  forms  of  expression  im- 
porting survivorship.  L.R.A.1917D, 
601. 


■♦♦» 


SUSPENSION. 

Of  attorney,  see  Attorneys,  §§  4,  5. 

Of  member  of  benefit  society,  see  Benevo- 
lent Society,  §  3  a;  Insurance,  §  105. 

Of  sentence,  see  Criminal  Law,  §  84. 

Of  writ  of  habeas  corpus,  see  Habeas  Cob- 
pus,  §  8. 

Of  business  in  insured  property,  effect,  see 
Insubance,  §  76. 

Of  member  of  labor  union,  see  Labob  Ob- 
ganizations. 

From  office,  see  Municipal  Corporations, 
§  117;  Officers,  §§  22-24. 

Of  alienation,  see  Perpetuities. 

Of  pupil,  see  Schools,  §§  9-11. 


SUSPICION. 


.R.A.  NOTES. 

SUSPICIOUS  STATEMENTS. 

Right  to  rely  on.     37  L.R.A.  596. 

♦-•-♦ 

SWALES. 

As  water  courses.     15  L.R.A.  630. 
Municipal  liability  for  obstruction  of.     65 
L.R.A.  269. 


SWAMPS. 

Power  to  fill  low  lands  at  expense  of  owner. 

30  L.R.A.(N.S.)    709. 
Conclusiveness  of   decisions   or  findings  of 

the   Land   Department   as   to.     L.R.A, 

1918D,  623. 
Organization  of  swamp  lands  into  municipal 

corporation.     L.R.A.1918B,   1091. 


SWAYING. 


Liability  of  carrier  for  injury  to  passenger 
by  swaying  of  car.    L.R.A.1918A,  1171. 


SWEATING. 


Provision  relieving  carrier  from  liability  for 
loss  by  sweating  as  extending  to  loss 
caused  by  negligence.    6  B.  R.  C.  130. 


SWEEPING    STREETS. 

Assessment  for,  see  Public  Impbovembnts, 
§  15. 


SWELLS. 

Duty  of  steamer  to  avoid  imperiling  small 
boat  by.    7  L.R.A. (N.S.)   920. 


SWINDLING. 


Truth  of  charge  as  to,  as  defense  to  civil 
action  for  libel  or  slander.  31  L.R.A. 
(N.S.)    146;    50  L.R.A. (N.S.)    1040. 

Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  from  possession  of 
stolen  property.    69  L.R.A.  204. 


SWINGING  DOORS. 


Voluntariness  of  confession  made  under.  18  Duty  of  storekeeper  toward  customer  as  to 
L.R.A.  (N.S.)      796;     50     L.R.A.(N.S.)  condition    of.     21    L.R.A.  (N.S.)     463; 

1077.  '  L.R.A.1915F,  572. 

Begin  vHth  this  boolc  on  evei'y  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1273 


SWITCH. 

Master's  liability  for  injury  to  employee  due 
to  defect  in,  see  Master  and  Servant, 
§§  94,  95. 

Unblocked  switches,  see  Unblocked 
Switches. 

In  general,  see  Spijb  Tracks  and  Sidings. 


SWITCH  CONNECTION. 

Right    to     compensation     for     interference 
with.     52  L.R.A.(N.S.)   192. 


SWITCHING  SERVICE. 

What  constitutes.     L.R.A.1916D,  455. 


SWITCH   LIMITS. 


As  depot  grounds  within  meaning  of  fence 
laws.     7  L.R.A.(N.S.)  209. 


SWITCHMEN. 

As  fellow  servants.    50  L.R.A.  434,  456,  457 ; 
52  L.R.A.(N.S.)    1104. 


SWITCH  TRACKS. 

See  Spur  Tracks  and  Sidings. 


■^•» 


SYNDICATES. 

As   to   corporate   promoters,   see   Corpora- 
tions, §§  62-65. 

Relations  and  rights  of  syndicate  members. 

40  L.R.A.  216. 
Unincorporated  syndicate  as  a  partnership. 
18  L.R.A.(N.S.)    1094. 


SYPHILIS. 


Condonation  of,  as  defense  to  action  for  di- 
vorce or  annulment  of  marriage.  5 
L.R.A.(N.S.)    729. 

Misrepresentations  or  concealment  as  to,  as 
ground  for  annulment  of  marriage.  13. 
L.R.A.(N.S.)    996. 


TACKING. 

Of  adverse  possession,  see  Adverse  Posses- 
sion, §  20. 

Effect  of  addition  of  new  items  to  extend 
time  for  filing  mechanics'  lien.  35 
L.R.A.  (N.S.)  901. 

Right  to  tack  different  contracts  to  per- 
form labor  or  furnish  material  for  pur- 
pose of  extending  time  to  file  lien.  15 
L.R.A.(N.S.)    299. 


TAILORS. 


Validity  of  agreement  in  restraint  of  trade 
ancillary  to  sale  of  tailoring  business  as 
affected  by  its  territorial  scope.  L.R.A. 
1916C,  631. 


TAKING. 

What  constitutes,  see  Eminent  Domain,  §§ 
41-44. 


TALESMEN. 


Summoning  biased  talesman  as  a  contempt. 

20  L.R.A.  (N.S.)    1013. 
Consult  also  L.R.A.  Digests  of  Cases, 


TALLOW^ 

Municipal    power    over,    as    nuisance. 
L.R.A.  654. 


3» 


TAN  BARK. 


Sufficiency   of  delivery  of,  on   sale  out  of 
larger  lot.     26  L.R.A.(N.S.)   40. 


TANGIBLE  PROPERTY. 

Taxation  of,  see  Taxes. 

Corporate  bonds  as  subject  of  attachment- 
as.     36  L.R.A.(N.S.)   421. 


TAPPING  AVIRES. 


Illegal  intent  of  prosecutor  as  affecting  guilt- 
of  obtaining  property  by  scheme  for.. 
17  L.R.A.(N.S.)  276. 


TAR. 

Keeping  of,   on   insured   premises.     L.R.A, 
1917C,  278. 


1274 


INDEX  TO  L.R.A.  NOTES. 


TARDINESS. 

Of  attorney  as  contempt  of  court.    15  L.R.A. 

389. 
Right  to  exclude  pupil  from  school  for.    41 

L.RA.  597. 


TA^TERN. 


See  Innkeefebs. 


TAXATION. 


See  Taxes. 


TAX    CERTIFICATE. 

As  color  of  title,  see  Advebse  Possession, 

§  16. 
In  general,  see  Taxes,  §  80. 


TAX  COLLECTOR. 

See  Taxes,  §  61. 


TAX  DEED. 


As  color  of  title,  see  Advebse  Possessiok, 

§  17. 
In  general,  see  Taxes,  §§  80,  81. 


TAXES. 

I.  In  general,  §§  1-3. 
II.  Power  of  taxation,'  ivhat  tameable, 
§§  4-39. 
a.  Power  generally,  §§  4,  5. 
h.  Power    of    state    or    munici- 
pality to  tax  Federal  agen- 
cies, inst7mmentalities,  and 
property,  §§   6,   7. 

c.  Equality;     uniformity;     dis- 

crimination;    double     tax- 
ation,   §§   8-12. 

d.  For  what  purpose  or  use,  § 

13. 

e.  What    taxable;     exemptions, 

§§     14:-39. 

1.  In  general,  §§  14-29. 

2.  Public  property,  §§  80- 

32. 

3.  Corporations     and     cor- 

porate property,  §§  33- 
39. 
III.  Where  taxable;  sittis  of  property, 

§§  4:0-49. 
IV.  Assessment    and     levy;    enforce- 
ment; collection,  §§  50-87. 
a.  In  general,  §§   50-52 


Begin  with  this  booTc  on  every  laic  question. 


TAXES,  IV.— cont'd 

b.  Assessment,  §§  53-58. 

1.  In  general,  §§  53-55. 

2.  Valuation,   §§   56-58. 

c.  Reassessment,  §  59. 

cc.  Review;  correction ;  equal- 
ization; appeal,  §§  59a- 
59c. 

d.  Tax   officers,    §§    60,    61. 

e.  ^Yho  liable  for  tax;  to  whom 

taxable,  §§   62,   63. 

f.  Payment:  tender,  §§  64,  65. 

g.  Relief   from,   §§    66,    67. 

h.  Enforcement   and   collection 

generally,    §§    68-71. 
i.  Sale     for     nonpayment ;     tax 

certificate  or  deed;  tax  title, 

§§    72-81a. 
j.  Redemption,   §§  82-85. 
1c.  Recovering  bacTc  taxes  paid, 

§§  86,  87. 
V.  Lien;  priorities,   §§  88,  89. 
VI.  Succession   tax,   §§   90-105. 

a.  In  general,   §§  90-95. 

b.  Property  and  transfers  sub- 

ject to,  or  exempt  from,  §§ 
96-98a. 

c.  Persons    subject    to,    or    ex- 

empt from,  §§  99,   100. 

d.  Assessment;     valuation,     §§ 

101-103. 

e.  Payment;    classification,    §§ 

104,  105. 
VII.  Income  tax,  §  106. 
VIII.  Stock  transfer  tax,   §  107. 

I.  In  general, 

§   1.  Generally. 

As  aflFecting  commerce,  see  Commerce, 
§§  20,  21. 

Impairment  of  obligation  of  contracts  as 
to,  see  Constitutional  Law,  §  32. 

Constitutionality  of  statutes  as  to  general- 
ly, see  Constitutional  Law,  §§  154- 
157. 

As  taking  of  property,  see  Eminent  Do- 
main, §  42. 

Estoppel  as  to,  see  Estoppel,  §  7. 

Internal  revenue  tax,  see  Intebnal  Rev- 
enue. 

Rights  of  parties  to  mortgage  as  to  taxes, 
see  Mortgage,  §  32. 

By  municipality  generally,  see  Municipal 
Corporations,  §§  109-111. 

Assessment  for  public  improvements,  see 
Public  Improvements,  IV. 

Greneral  and  special  legislation  as  to,  see 
Statutes,  §§  17,  18. 

SuflBciency  of  tender  of  payment  of,  see 
Tender,  §  3. 

Taxation  by  or  against  United  States,  see 
United  States,  §§  7,  8. 

Allowance  for  taxes  during  construction  of 
public  utilitv  plants  in  estimating  the 
value  thereo'f.     48   L.R.A.(N.S.)    1043. 

Treatment  of  expense  of,  in  estimating  the 
return  of  a  public  service  corporation 
for  rate-making  purposes.  52  L.R.A. 
(N.S.)  68. 


INDEX  TO  L.R.A.  NOTES. 


1275 


TAXES,  I.— cont'd 

Suits  relating  to  taxation,  as  actions  against 
the  state.     44  L.R.A.(N.S.)   212. 

Workmen's  compensation  act  as  illegal  use 
of  taxing  power,  L.E.A.1916A,  427; 
L.R.A.1917D,  57. 

Possessory  action  for  tax  receipts.  45 
L.K.A.(N.S.)    785. 

Right  to  recover  back  tax  vcluntarilv  re- 
t'lindcd.     45   L.1?.A.  (  N.S.)    75;j. 

Increase  in  proportion  of  tax  or  assessment 
imposed  on  property  as  impairment  of 
vested  rights.    8  L.R.A.(N.S.)   546. 

Mature  of  occcupation  of  servant  with  re- 
spect to  matters  of  taxation.  4  L.R.A. 
(N.S.)   698. 

Hequiring  mortgagor  to  pay  mortgage  or 
recording  tax  as  usury.  L.R.A.1918F, 
383. 

Effect  of  failure  to  pay  registration  tax.  42 
L.R.A.  (N.S.)    146. 

Denial  upon  information  and  belief  of  mat- 
ters concerning  taxes.  30  L.R.A.  (N.S.) 
780. 

Tederal  courts  following  state  decisions  on 
questions  relating  to.  40  L.R.A. (N.S.) 
444. 

Hight  to  consider  accruing  taxes  in  assign- 
ing dower  or  fixing  its  cash  value.  40 
L.R.A.  (N.S.)   009. 

§   2.  What   constitutes   a   tax. 

Special  assessment  as  tax.  3  L.R.A. (N.S.) 
837. 

Water  rates  as  taxes.    21  L.R.A.  519. 

Eees  as  taxes,  within  constitutional  pro- 
visions relating  to  taxation.  1  L.R.A. 
(N.S.)    153. 

Conscription  of  labor  for  working  higliwav, 
as  a  tax.     5  L.R.A. (N.S.)    1139. 

What  are  poll  taxes.     29  L.R.A.  404. 

§   3.  Taxing  districts. 

Rig'  t  to  extend  tax  over  territory  added 
to  taxing  district  after  tax  voted.  39 
L.R.A. (N.S.)   601. 

Power  of  legislature  to  make  special  tax- 
ing district  of  territory  annexed  to  mu- 
nicipality.    27  L.R.A.  738; 

Right  to  interplead  different  taxing  dis- 
tricts claiming  right  to  claim  same 
property.     35  L.R.A. (N.S.)   330. 

Right  of  creditor  of  taxing  district  to  in- 
voke aid  of  court  to  obtain  satisfac- 
tion of  debt,  where  ordinary  remedies 
not  available.     32  L.R.A.(N.S.)   1020. 

II.  Power  of  taxation;  what  taxable. 

a.  Power,  generally. 

S   4.  Generally. 

Power  to  impose  succession  tax,  see  infra, 

§  92. 
Power  to  impose  poll  tax.     29  L.R.A.  406. 
Taxation  without  representation.  15  L.R.A. 

(N.S.)   67. 
Estoppel   of  taxing  power   to  tax   land,  by 

wrongful    claim    of    ownership   of.      14 

L.R.A.(N.S.)    1074. 
Right  to  extend  tax  over  territory  added  to 

taxing    district    after    tax    voted.      39 

L.R.A.  (N.S.)    601. 
■Consult  also  L.R.A.  Digests  of  Cases. 


I  TAXES,  II.  a— cont'd 
"Emergency"  which  will  authorize  an  extra 
tax.     52   L.R.A.(N.S.)    676. 

I  §   5.  Delegation  of  power. 

j  To  what  boards  or  bodies  power  of  taxation 
may  be  delegated.  15  L.R.A.(N.S.) 
61;   32  L,R.A.(N.S.)    1078. 

b.  Power  of  state  or  municipality  to  tax 
Federal  agencies,  instrumentalities, 
and  property. 

§   6.  Generally. 

Effect  of  admission  of  state  into  the  Union 
upon  provision  of  ordinance  of  1787 
as  to  taxation  of  United  States  lands. 
52  L.R.A.  (N.S.)    312. 

Power  of  state  to  tax  salary  of  Federal 
officer,  or  of  Federal  government  to  tax 
salary  of  state  officer.  34  L.R.A.(N.S.) 
1215. 

Exemption  from  state  taxation  of  paper  giv- 
en for  interest  on  obligations  of  the 
Federal  government.  5  L.R.A.  (N.S.) 
608. 

Property  leased  by  United  States  as  subject 
to  taxation.     35  L.R.A. (N.S.)   167. 

•Local  license  tax  on  vessels  licensed  by.  27 
L.R.A.  414. 

Municipal  assessment  of  property  of  United 
States.     23  L.R.A,  810. 

Applicability  of  general  tax  exemptions  to 
inheritance  or  succession  tax  on  be- 
quest to  United  States.  23  L.R.A. 
(N.S.)   1209. 

§   7.  State  taxation  of  national  banks. 

Decisions  prior  to  establishment  of  nation- 
al banks.     45  L.R.A.  737. 

Acts  establishing  national  banks.  45  L.R.A. 
738. 

Taxation  of  property  franchises  or  processes 
of  banking.    45  L.R.A.  739. 

Taxation  of  shares  of  stock.  45  L.R.A.  743; 
3  L.R.A.(N.S.)   584. 
Discrimination.     45    L.R.A,     748;     10 
L.R.A. (N.S.)   947. 

Bank  officers  to  assist.     45  L.R.A.  762. 

Provisions  of  State  Constitutions.  45  L.R.A. 
763. 

Remedies,     45  L,R.A,  763, 

Contracts  for  special  rates,     45  L,R.A.  764. 

Tax  on  bank  officers.     45  L.R.A.  764. 

Taxation  of  property  of  national  bank  in 
hands  of  receiver,     L.R.A.1915E,  223. 

c.  Equality;     uniformity;     discrim-ina- 
tion;  double  taxation. 

§   8.  Generally. 

Constitutional  equality  in  taxation  6f  cor- 
porations, see  infra,  §  39. 
Of  succession  tax,  see  infra,  §  93. 
In  license  tax,  see  License,  §§  46,  46a. 

Equal  privileges  as  to.     14  L.R.A.  583. 

Self-executing  effect  of  provision  as  to  uni- 
formity.    16  L.R.A.  284. 

Constitutionality  of  poll  tax  as  affected 
by  exemptions  therefrom.  13  L.R.A. 
(N.S.)   901, 

Who  may  raise  objection  that  taxation 
statute  contains  an  unconstitutional 
discrimination.    32  L.R.A. (N.S.)  957. 


1276 


INDEX  TO  L.R.A.  NOTES. 


TAXES,  II.  c— cont'd 

Validity  of  discrimination  in  rate  of  tax- 
ation on  rural  lands  Avithin  limits  of 
municipality.     34  L.R.A.  193. 

Want  of  uniformity  in  mortgage  registra- 
tion tax.     L.R.A.1916A,  866. 

Constitutionality  of  classification  of  miner- 
als for  purpose  of  taxation.  L.R.A. 
1916F,  164. 

Discrimination  between  credits  secured  by 
lien  and  those  not  so  secured.  L.R.A. 
191 5A,  18'). 

Statute  requiring  particular  locality  to 
bear  part  of  judge's  salary  as  violating 
constitutional  requirement  of  uniform- 
ity in  taxation.     L.R.A.1917D,  797. 

Privilege  or  occupation  tax  on  rights  issu- 
ing out  of  or  connected  with  real  prop- 
erty as  a  property  tax  within  the  con- 
stitutional provision.  L.R.A,1918C, 
898. 

§   9.  Double  taxation. 

In  succession  tax,  see  infra,  §  94. 

Double  taxation;  what  constitutes;  valid- 
ity.    16  L.R.A.  59. 

Avoidance  of  double  domestic  taxation  in 
case  of  property  brought  into  tax  dis- 
trict after  tax  day.  38  L.R.A.(N.S.) 
860. 

§   10.  — tax  on   mortgage. 

Taxation   of   mortgage   as   double   taxation. 

2  L.R.A.  350;*  16  L.R.A.  60. 
Taxation   of   mortgage   and   real   estate   at 

full    value    as    double    taxation.      23 

L.R.A.  (N.S.)    152. 

§   11.  — of  corporations. 

In  taxation  of  corporations.    60  L.R.A.  366. 

Tax  on  corporate  franchise  as  double  tax- 
ation.   57  L.R.A.  97. 

Double  taxation  in  taxing  capital  stock  of 
corporation.    58  L.R.A.  589. 

Taxation  of  shares  of  stock  and  corporate 
assets  as  double  taxation.  15  L.R.A. 
(N.S.)   952. 

Taxation  of  business  or  occupation  of  a 
public-service  corporation,  and  of  its 
franchise  or  right  to  occupy  the  streets, 
as  double  taxation.  28  L.R.A.(N.S.) 
22. 

§   12.  —tax  in  two  or  more  states. 

Exacting    succession    tax    in    two    or    more 

states  as  double  taxation.     15  L.R.A. 

{N.S.)    150. 
Taxation  of  property  in  different  states  as 

double  taxation.     15  L.R.A. (N.S.)   142. 

[See  also  36  L.R.A.(N.S.)   295.] 


d.  For  what  purpose  or  Mse. 

§    13.  Generally. 

What  constitutes  a  tax,  see  supra,  §  2. 
Uses   for   which   public   money  may  be  em- 
ployed, see  Public  Money,  §  4. 
For  school  purposes,  see  ScnooL,s,  §  35. 
Begin  with  this  hoolr  on  every  Jaw  question. 


TAXES,  II.  d— cont'd 

Contract  to  levy  taxes  for  particular  pur- 
pose as  affecting  power  or  riglit  to  levy 
taxes  for  other  purposes.  L.R.A. 1918B, 
886. 

Public  purposes  for  which  money  may  be 
raised  by  taxation,     14  L.R.A.  474. 

For   levees.     58   L.R.A.   758. 

For  salary  of  pastor.     38  L.R.A.  687. 

To  defray  cost  of  municipal  waterworks.  61 
L.R.A,  50. 

By  county  for  state  institution,  17  L,R.A. 
795, 

To  defray  cost  of  municipal  waterworks. 
61  L.R.A,  50. 

Right  of  municipal  corporation  to  require 
use  of  water  meters  and  impose  expense 
of  same  on  consumers.  23  L.R.A, (N.S.) 
410;  L.R.A.1915A,  320. 

Constitutionality  of  tax  on  dogs  for  benefit 
of  sheep  owners.     17  L.R.A. (N.S.)   855, 

Validity  of  law  imposing  tax  on  insurance 
companies  for  the  benefit  of  firemen,  13 
L.R.A.(N.S.)   1147. 

Validity  of  statute  providing  for  govei'n- 
mental  assistance  of  individual  mem- 
bers of  certain  clas.ses  of  unfortunate 
or  afflicted  persons.  7  L.R.A.(N.S.) 
1196, 

Validity  of  statute  or  ordinance  authorizing 
levv  of  tax  for  two  or  more  purposes. 
14  L.R.A, (N.S.)   519, 

Workmen's  compensation  scheme  as  illegal 
use  of  taxing  powers.  L.R.A.1916Aj, 
427;   L.R,A,1917D,  57. 


e.  What  taxable;  exemptions. 

1.  In  general. 

§  14.  Generally;  miscellaneous  sub- 
jects of  taxation. 

Power  of  state  to  tax  Federal  agency,  in- 
strumentality, or  property,  see  supra, 
§§  6,  7. 

Property  subject  to  inheritance  tax,  see 
infra,  §§  96-98. 

Income,  see  infra,  §  106. 

Exemption  from  succession  tax,  see  infra, 
§§  95-100. 

Tax  on  dogs,  see  Animals,  §  19. 

Of  banks,  see  Banks,  §  50. 

Of  commercial  bonds,  see  Bonds,  §  26. 

Taxation  of  bridge,  see  Bridges,  §  13. 

On  cemetery,  see  Cemeteries,  §   3. 

On  copyrighted  article,  see  Copyright,  §  10. 

On  land  held  by  the  curtesy,  see  Curtesy-, 

§  5. 
Taxation   of  property  of  gas  company,  see 

Gas,  §  4. 
Tax    on    leasehold    interest,    see   Landlord 

AND  Tenant,  §  8. 
Tax   on   improvements   on   leased   premises, 

see  Landlord  and  Tenant,  §  41. 
Tax  or  license  on  occupation,  see  License, 

II, 
What  property  subject  to  municipal  tax,  see 

Municipal  Corporations,  §  110, 
Poll  tax,  see  Poll  Taxes, 
Of  vessels,  see  Shipping,  §  5, 


INDEX  TO  L.R.A.  ^OTES. 


1277 


TAXES,  II.  e,  1— cont'd 

Membership  in  board  of  trade  or  exchange 
as  subject  of  taxation.  50  L.R.A. 
(N.S.)    255. 

Effect  of  dissolution  on  taxation  of  part- 
nership property.     22  L.R.A.  478. 

Property  of  joint-stock  association.  22 
L.R.A.  47S. 

Exemption  of  copyrights.  57  L.R.A.  57;  58 
L.R.A.  564. 

Trademark  as  a  subject  of  taxation.  21 
L.R.A.  (N.S.)   30. 

<3ood\vill  of  business.     58  L.II.A.  566. 

Property  right  in  intellectual  productions. 
51  L.R.A.  381. 

bicycles  as  subjects  of  taxation  by  munici- 
palities.   47  L.R.A.  304. 

Assessment  and  taxation  of  pew.  22  L.R.A. 
215. 

Privilege  or  license  to  sell  intoxicating  liq- 
uors as  subject  of  taxation.  37  L.R.A. 
(N.S.)  455. 

Tax  on  gross  receipts  of  interstate  tele- 
graph and  telephone  companies.  24 
L.R.A.  162. 

Deposit  by  insurance  company  as  subject 
of  taxation.     36  L.R.A. (N.S.)   226.' 

Taxation  of  toll  bridge.  58  L.R.A.  168;  30 
L.R.A.(N.S.)   364. 

Is  property  for  which  no  method  of  taxa- 
tion is  prescribed  subject  to  taxation 
under  a  statute  declaring  that  all  prop- 
erty not  exempt  shall  be  taxed  "in  the 
manner  provided  by  this  act."  28 
L.R.A.  (N.S.)    251. 

Interest  of  one  other  than  the  owner  of  the 
soil  in  growing  trees  or  timber,  or  their 
products,  as  separate  subject  of  taxa- 
tion.    17  L.R.A.(N.S.)   693. 

Interest  of  one  other  than  the  owner  of  the 
soil  in  mineral  in  situ  as  independent 
subject  of  taxation.  17  L.R.A. (N.S.) 
688;  L.R.A.1916D,  307. 

Elevators,  warehouses,  etc.,  and  their  siteg, 
on  railroad  right  of  way,  as  separate 
subjects  of  taxation.    L.R.A.1916E,  413. 

Taxation  of  property  in  hands  of  receiver. 
L..R.A.1915E,  211. 

§    15.  ^Exemptions   generally. 

In  succession  tax,  see  infra,  §  95. 
From  local  assessment,  see  Public  Impbove- 
MENTS,   §   23. 

Exemption  of  consuls.    45  L.R.A.  587. 

Deducting  exempt  property  in  taxation  of 
shares  of  corporate  stock  in  hands  of 
shareholders.    L.R.A.1915C,  389. 

Deduction  of  exempt  property  in  taxation 
of  capital  stock  of  corporation.  L.R.A. 
19] 5C,  385. 

Acquisition  of  exempt  character  after  tax 
day.     L.R.A.1915C,  125. 

Real  property  given  to  trustees  to  sell  and 
pay  proceeds  to  certain  institution  as 
within  exemption  from  taxation  ex- 
tended to  real  property  of  such  insti- 
tution.    42  L.R.A.  (N.S.)    530. 

Question  as  to  exemption  from  taxation  as 
Federal  question.     62  L.R.A.  537. 

Extent  of  exemption.    9  L.R.A.  629. 

<7on8ult  also  L.R.A.  Digests  of  Cases. 


TAXES,  II.  e,  1— cont'd 

Constitutionality  of  poll  tax  as  affected  by 
exemptions  therefrom.  13  L.R.A. 
(N.S.)   901. 

Liability  to  local  assessments  for  benefits, 
of  property  exempt  from  general  taxa- 
tion. 18  L.R.A. (N.S.)  451;  32  L.R.A. 
(N.S.)  303;  44  L.R.A.  (N.S.)  67; 
L.R.A.1916F,  864. 

Effect  of  exemption  of  property  in  state  in 
taxing  shares  of  national  bank  stock. 
45  L.R.A.  746. 

Making  clothing  to  measure  as  manufac- 
turing for  purposes  of  tax  laws.  44 
L.R.A.(N.S.)    303. 

§    16.  Power  to  exempt. 

Power  of  municipality  to  exempt  from  taxa- 
tion, see  Municipal  Coepobations, 
§  111. 

Constitutional  limitation  of  the  power  to 
exempt  property  from  taxation  as  af- 
fecting public  obligations  or  property. 
L.R.A.1917B,  308. 

Power  of  state  legislature  to  exempt  from 
taxation.    19  L.R.A.  77. 

Municipal  power  to  exempt.  15  L.R.A.  860; 
29  L.R.A.(N.S.)   183. 

Power  of  municipality  to  exempt  rural 
lands  within  corporate  limits  from 
taxation.     34  L.R.A.  200. 

§    17.  Property  of  nonresident. 

Where  property  of,  or  debts  due  to,  non- 
resident are  taxable,  see  infra,  §  42. 

Transfer  tax  on  estate  of  nonresident,  see 
infra,  §  100. 

§  17a.  Property  becoming  subject  to 
tax  after  tax  day. 

Assessability  of  property  brought  into  tax 

district  after  tax  day,     38  L.R.A. 

(N.S.)    856. 
Personal     property     acquiring     a     taxable 

nature  after   tax  day.     38  L.R.A. 

(N.S.)   1157. 

§18.  Credits. 

Option  as  taxable  credit.  10  L.R.A, (N.S.) 
1061. 

Option  to  purchase,  or  contract  for  sale  of, 
real  property,  as  a  taxable  credit.  34 
L.R.A.(N.S.)    1221. 

Outstanding  accounts  as  "property"  or 
"credits"  subject  to  taxation.  29  L.R.A. 
(N.S.)  60. 

Shares  of  stock  in  building  and  loan  asso- 
ciation as  "credits"  within  taxing  stat- 
ute.   38  L.R.A. (N.S.)  137. 

Amount  due  under  contract  for  the  pur- 
chase of  land,  not  evidenced  by  note  or 
purchase-money  mortgage,  as  a  credit 
subject  to  taxation.  17  L.R.A.(N.S.) 
1220. 

Constitutionality  of  provision  for  deduct- 
ing debts  from  credits  to  be  taxed.  23 
L.R.A.  278. 

§    19.  Judgments. 
Tax  on  judgment.    L.R.A.1918F,  823. 
Constitutionality  of  specific  tax  upon  judg- 
ments.    32   L.R.A.(N.S.)    179. 


1278 


INDEX  TO  L.R.A.  NOTES. 


TAXES,  II.  e,  1— cont'd 
§  20.  Mortgages. 

As  double  taxation,  see  supra,  §  10. 
Situs  for  taxation  of  property  secured  by 
mortgage,  see  infra,  §  47. 

Power  to  tax  mortgages.     16  L.R.A.  59. 

§  21.  \niat  constitutes  real  estate  for 
purposes  of. 

Coal.     15  L.K.A.  297. 

Public  land  claims,  and  improvements  there- 
on.    15  L.R.A.  297. 

Leasehold  interests.     15  L.R.A.  297. 

Wharves,  piers,  and  bridges.    15  L.R.A.  298. 

Railway  property.     15  L.R.A.  298. 

Pipe  line.     15  L.R.A,  299. 

Telegraph  line.     15  L.R.A.  299. 

Water  and  gas  companies'  property.  15 
L.R.A.  299, 

g  22.  Municipal  taxation  of  rural 
lands   u'itliin   corporate   limits. 

In  general.    34  L.R.A.  193;  27  L.R.A.  (N.S.) 

695. 
Validity  of  exemption  or  discrimination  in 

rates.    34  L.R.A.  193;  27  L.R.A. (N.S.) 

696. 
Construction  of  statutory  exemption  or  dis- 
crimination.    34  L.R.A.  194;  27  L.R.A. 

(N.S.)    698. 
Right    to    repeal    exemptions.      34    L.R.A. 

195;  27  L.R.A.(N.S.)   696. 
Validity    of    taxation    of    farm    lands.      34 

L.R.A.  195. 
Power  of  courts.     34  L.R.A.  196. 
Wliat  property  is  taxable.     34  L.R.A.  198. 
Power    of    municipality    to    exempt.      34 

L.R.A.  200. 
Original  incorporation.     34  L.R.A.  200. 
Assessments.     34  L.R.A.  200. 
Method  of  raising  question.     34  L.R.A.  200. 

§  23.  State,  United  States,  or  munici- 
pal bonds. 

Liability  of  municipal  bonds  to  taxation.  12 
L.R.A.(N.S.)    1159. 

Implied  exemption  of  state  or  municipal 
bonds.     7  L.R.A. (N.S.)    663. 

Taxation  of  United  States  bonds  as  part  of 
capital  stock  of  corporation.  67  L.R.A. 
57;   58' L.R.A.  568. 

Exemption  from  state  taxation  of  paper 
given  for  interest  on  obligations  of  Fed- 
eral government.     5  L.R.A.(N.S.)    608. 

Deduction  of  amount  invested  in  national 
securities  in  taxing  capital  stock  of 
corporation.      L.R.A.1915C,    385. 

Constitutional  limitation  of  the  power  to 
exempt  property  from  taxes  as  affect- 
ing.   L.R.A.J917B,  308. 


§  24.  Charitable,  educational,  and  re- 
ligious institutions. 

Taxation  of  colleges,  see  Colleges,  §  2. 
Exemption    from    improvement   assessment, 

see  Public  Improvements,  §  23. 
Begin  ivith  this  hook  on  every  laic  question. 


TAXES,  II.  e,  1— cont'd 

Right  of  charitable,  educational,  or  religious 
institution  to  exemption  from  taxation 
as  affected  by  the  geographical  field  of 
operation.  17  L.R.A. (N.S.)  733;  61 
L.R.A.(N.S.)   817. 

Liability  of  property  of  religious  society  to- 
local  assessment.     35  L.R.A.  36. 

Exemption  of  parish  house  from  taxation^ 
27  L.R.A.(N.S.)    910. 

Exemption  of  parsonage  from  taxation.  3^ 
L.R.A.  (N.S.)  437. 

Exemption  from  property  taxation  of  prop- 
erty of  Young  Men's  Christian  As- 
sociation or  Young  Women's  Christian. 
Association.    L.R.A.1916D,  275. 

Exemption  of  property  used  for  private 
school.  21  L.R.A.(N.S.)  164;  L.R.A. 
1917E,  1097. 

Is  school  which  is  also  used  for  residential 
purposes  by  proprietor  and  family,  or 
other  persons  connected  with  the  school 
"exclusively"  used  for  school  purposes, 
within  statutory  exemption.  21  L.R,A» 
(N.S.)  171. 

Exemption  of  property  of  patriotic  societies. 
26  L.R.A. (N.S.)   707. 

Fraternal  benefit  society  as  a  benevolent  or 
charitable  association  within  exemption 
statutes.    7  L.R.A. (N.S.)  380. 

Exemption  of  library  from  taxation  when 
not  expressly  included  in  the  exemption 
statute.    24  L.R.A. (N.S.)  1205. 

Requiring  payment  from  inmates  as  affect- 
ing right  of  charitable  institution  to 
public  aid  or  exemption  from  taxation. 
29  L,R.A.(N.S.)   10;  L.R.A.117B,  782. 

Use  of  lodge  or  club  building  for  entertain- 
ment or  social  purposes  as  afiecting 
right  of  exemption  from  taxation. 
L.R.A.1915C,  694. 

§   2  5.  — property    devoted    to   purposes 

of  particular  society. 
Effect  of  fact  that  property   otherwise  ex- 
empt from   taxation   is  devoted   to 
purposes    of    a    particular  society. 
16    L.R.A.(N.S.)     829;    26    L.R.A. 
(N.S.)     696. 
Exemption  of  college  fraternity  house.     52 
L.R.A. (N.S.)   995. 

§  2  6.  —  effect  of  using  in  secular  busi- 
ness. 

Effect  of  using  property  of  a  religious, 
charitable,  or  educational  institu- 
tion in  secular  business  or  for 
revenue,  upon  its  right  to  exemp- 
tion from  taxation.  19  L.R.A.  289; 
50  L.R.A.(N.S.)   1197.  j 

§   2  7.  Railroad  property. 

Upon  passenger  traffic,  see  Carriers,  §  100. 
On  freight,  see  Carriers,  §  146. 

Nature  of  railroad  property  for  purpose  of 
15  L.R.A.  298;  66  L.R.A.  51. 


§   2  8.  Patent  rights. 

Exemption  of  patent  rights.    29  L.R.A. 
57  L.R.A.  57;  58  L.R.A.  564. 


792;. 


INDEX  TO  L.R.A.  NOTES. 


127» 


TAXES,  II.  e,  1— cont'd 

§   29.  3Iunicipal   waterworks. 

Belonging  to  municipality,  see  infra,  §  32. 

Property  of  water  company  as  real   estate 

for    purposes   of    taxation.      15    L.R.A. 

299. 
Property  of  private  companies.     60  L.R.A. 

850. 
Property  outside  limits  of  municipality.    60 

L.R.A.   852. 
Exemptions.     60  L.R.A.  853. 
Construction  of  statutes.    60  L.R.A.  854. 
Where  taxable.     60  L.R.A.  854. 
Amount.     60  L.R.A.   854. 
Character  of  property.     60  L.R.A.  855. 
Enforcement.     60  L.R.A.  855. 

2.  Public  property. 

§  30.  Generally. 

Tax  on  property  of  state,  see  States,  §  3. 

Constitutional   limitation   of   the   power   to 
exempt  property  from  taxes  as  affect- 
ing.    L.R.A.19l'7B,  308. 
Property  leased  bv  public  as  subject  of  tax- 
ation.    35  L.R.A.(N.S.)   107;  52  L.R.A. 
(N.S.)  991. 
Effect  of  provision  in  lease  of  public  prop- 
erty as  to  payment  of  taxes.     L.R.A. 
1915C,  698. 
Property  granted   or  sold  with  reservation 
of  title  or  lien  in  favor  of  public, 
as  subject  of  taxation.     35  L.R.A. 
(N.S.)   669. 
Acquisition   of    property   by   the   public   as 
affecting  tax  proceedings  previous- 
ly    instituted,    or     previouslv    ex- 
istent  tax   lien.      48   L.R.A.(N.S.) 
707. 
Property    located   in   one   state   or   munici- 
pality,   but   belonging   to   another. 
50  l!r.A.(N.S.)  243. 

§  30a.  Property  from  which  an  in- 
come is  derived. 

Exemption  in  terms.     L.R.A.1915A,  1118. 
Exemption    by    implication.      L.R.A.1915A, 

1119. 
"Public  uses"  or  purposes  under  constitu- 
tions and  statutes.    L.R.A.1915A,  1122. 
Particular  statutes.     L.R.A.1915A,  1125. 
:\Iiscellaneou8.     L.R.A.1915A,   1125. 

§   31.  Property   of  municipality. 

Liability  to  local  improvement  assessment, 
see  PuBiJc  Improvement,  §  23. 

Property  held  by  municipal  corporation  in 
trust  as  subject  of  taxation.  34  L.R.A. 
(N.S.)    143. 

Property  leased  bv,  as  subject  of  taxation. 
35  L.R.A. (N.S.)  167;  52  L.R.A.(N.S.) 
991. 

Tax  on  highway.     44  L.R.A.  (N.S.)    836. 

Taxation  of  property  of  municipality  lo- 
cated in  another  numicipality  or  an- 
other state.    50L.R.A.(N.S.)  243. 

Property  from  whicli  income  is  derived. 
L.R.A.1915A,   1118. 

Exemption  of  municipal  liglit  plant  from 
taxation.     16  L.R.A.  (N.S.)   867. 

Consult  also  L.R.A.  Digests  of  Cases. 


TAXES,  II.  e,  2— cont'd 

§   32.  —  nninicipal    waterworks. 

Constitutional  limitation  of  the  power  to  ex- 
empt property  from  taxation  as  affect- 
ing.    L.R.A.1917B,  308. 

Taxation  of  waterworks  owned  by  munic- 
ipality.    60  L.R.A.   851. 

Taxation  of  water  company  belonging  to 
municipality.      1  L.R.A. (N.S.)    766. 

Taxation  of  waterworks  property  located  in 
one  state  or  municipality  but  belonging 
to  another.     50  L.R.A.(N.S.)    243. 

Effect  of  fact  that  income  is  derived  fron^ 
waterworks.     L.R.A.1915A,  1118. 

3.  Corporations  and  corporate  prop- 
erty. 

§   33.  Generally. 

Double  taxation  of,  see  supra.  §  11. 

Where  taxable,  see  infra,  §§  45,  46. 

Tax    on    transfers    of   corporate    stock,    see 

infra,  §  107. 
Corporate     taxation     and     the     commerce 

clause,  see  Commerce,  §  21. 
Taxation  of  express  companies,  see  Expbes& 

Companies,  §  3. 
Taxation      of      insurance      companies      and 

policies,  see  Insurance,  §  4. 
Tax  on  telegraph  company,  see  Telegeaphs,. 

§  8. 

Corporations  as  persons  under  laws  relat- 
ing to  taxation.     19  L.R.A.  224. 

Taxation  of  easements  of  corporation  in 
streets  as  real  estate.  1  L.R.A. (N.S. ) 
263. 

Withdrawal  or  attempted  withdrawal  of 
foreign  corporation  as  affecting  power 
of  state  to  effect  a  privilege  tax.  L.R.A. 
1916C,  577. 

Structure  or  improvement  in  street  or  high- 
way used  in  connection  with  special 
franchise  as  taxable  element.  KR.A. 
1916B,  1228. 

§   34.  Consolidated  corporations. 

Taxability  of  capital  stock.     58  L.R.A.  523. 
Taxation   of   consolidated  corporations.     60 

L.R.A.  101,  676. 
Taxation   of   consolidated   interstate   corpo- 
ration.    15  L.R.A.  85. 
Liability  for  incorporation  tax  upon  exten- 
sion, reorganization,  consolidation,' 
or  merger  of  existing  corporations. 
47  L.R.A.(N.S.)    1066. 

§35.  Taxation  of  corporate  franchise. 

In  general.     57  L.R.A.  34. 

Power  and  jurisdiction  of  a  state  to  tax. 

57   L.R.A.   34. 
What  are  franchises.     57  L.R.A.  35. 
Taxability  of  franchises.     57  L.R.A.  38. 
Franchise  taxes.     57  L.R.A.  48. 
Organizations  subject  to  franchise  taxes.  57 

L.R.A.  73. 
Limitations  on  franchise  taxation.  57  L.R.A. 

93. 
Valuation  of  franchises  for  the  purposes  of 

taxation.     57  L.R.A.  98. 
Administration  and  relief.     57  L.R.A.  104. 


1280 


INDEX  TO  L.E.A.  NOTES. 


TAXES,  II.  e,  3— cont'd 

What  property  is  part  of  the  franchise  of 
a  corporation  for  purposes  of  taxation. 
17  L.R.A.  92. 

Tax  on  franchise  of  interstate  telegraph 
and  telephone  companies.  24  L.R.A.  162. 

State  taxation  of  property,  franchises,  or 
processes  of  national  bank.  45  L.R.A. 
739. 

Right  to  be  a  corporation  as  a  franchise 
within  constitutional  or  statutory  pro- 
visions subjecting  franchises  to  tax- 
ation as  property.  28  L.R.A.  (N.S.) 
255. 

Franchise  tax  upon  corporation  in  the  hands 
of  receivers.     L.R.A.1915E,  220. 

Structure  or  improvement  in  street  or  high- 
way used  in  connection  with  special 
franchise  as  taxable  element.  L.R.A. 
1916B,  1228. 

Lease  of  its  property  as  affecting  liability 
of  foreign  corporation  to  franchise  tax 
or  tax  upon  privilege  of  doing  business 
within  the  state.     L.R.A.1917D,  1073. 

§  36.  Taxation  of  capital  stock. 

In  general.     58  L.R.A.  513. 

What  capital  stock  is,  as  a  subject  of  tax- 
ation.    58  L.R.A.  514. 

Concerns  taxable  on  capital  stock.  58  L.R.A. 
522. 

Taxable  elements  and  determining  factors 
in  the  taxation  of  capital  stock. 
58  L.R.A.  527. 

Stockholders.    58  L.R.A.  577. 

Deductions  in  taxation  of  shares  of  corpo- 
rate stock  in  liands  of  shareholders. 
L.R.A.1915C,  386. 

Dividends.      58    L.R.A.    585. 

Duty  of  corporations  to  collect  taxes  upon 
their  shai^  stock.     58  L.R.A.  588. 

Double  taxation.    58  L.R.A.  589. 

Capital  stock  and  corporate  property.  58 
L.R.A.  593;   15  L.R.A. (N.S.)   952. 

Valuation.     58  L.R.A.  594. 

Deduction.  58  L.R.A.  599;  L.R.A.1915C, 
380. 

Exemption.    58  L.R.A.  603. 

Limitations.     58  L,R.A.  605. 

Statutory  constructions.     58  L.R.A.  609. 

Administration  and  relief.     58  L.R.A.  612. 

Tax  on  capital  stock  of  interstate  telegraph 
and  telephone  companies.  24  L.R.A. 
162. 

State  taxation  of  shares  of  stock  of  national 
bank.     45  L.R.A.  743. 

When  is  capital  of  corporation  invested  in 
real  estate  deemed  "employed"  within 
statute  taxing  amount  of  capital  stock 
employed  within  state.  28  L.R.A.  (N.S.) 
371. 

Taxation  of  stock  returned  to  treasury  of 
corporation.     9  L.R.A.(N.S.)  885. 

Shares  of  stock  in  building  and  loan 
association  as  "credits"  within  taxing 
statute.    38  L.E.A.(N.S.)   137. 

%  37.  Corporate  taxation  as  affected 
by  contract  clause  in  Federal  Con- 
stitution. 

In  general.     60  L.R.A.  33. 
Controlling  principles.     60   L.R.A.   37. 


TAXES,  II.  e,  3— cont'd 

Legislative    and   governmental   powers.     60 

L.R.A.   43. 
Constitutional  changes.     60  L.R.A.  49. 
Incorporation  and  exemption  acts.  60  L.R.A. 

51. 
Reserved  right  to  alter,  amend,  and  repeal. 

60   L.R.A.   69. 
Interpretations.     60  L.R.A.  75. 
Transfers  and  survivals.     60  L.R.A.  99. 

§  38.  Taxation  of  manufacturing  cor- 
porations. 

Generally.    58  L.R.A.  603;  64  L.R.A.  33. 

Definitions.     64  L.R.A.  34. 

Evolution  of  manufactured  products.  64 
L.R.A.   41. 

Organization.    64  L.R.A.  52. 

Operation.     64  L.R.A.  54. 

Special  industries.    64  L.R.A.  58. 

Interpretation  of  laws.     64  L.R.A.  66. 

Extension  of  exemption  to  addition  to,  or 
enlargement  of,  manufacturing  plant. 
L.R.A.1916D,  112. 

Electric  company  as  manufacturing  com- 
pany for  purposes  of  tax  laws.  38 
L.R.A. (N.S.)    907. 

Modification  of  food  products  as  manufac- 
turing.    L.R.A.1917A,  53. 

§  39.  Constitutional  equality  in  rela- 
tion  to. 

Generally.     60   L.R.A.   321. 

Natural  justice.     60  L.R.A.  321. 

Need  of  constitutional  guards  against  in- 
equality.    60   L.R.A.   323. 

Absolute  equality  unattainable.  60  L.R.A. 
324. 

Constitutional  provisions.     60  L.R.A.  325. 

Inclusiveness  ot  equal  rights,  privileges,  im- 
munities, and  protection  of  the  laws. 
60  L.R.A.  329. 

Status  of  corporations.    60  L.R.A.  330. 

Excises  upon  franchises,  privileges,  and  oc- 
cupations.    60  L.R.A.  333. 

Classification.     60  L.R.A.  339. 

Exposition  and  interpretation.  60  L.R.A. 
351. 

The  conflict  in  Wisconsin.    60  L.R.A.  361. 

Commutations  and  exemptions.  60  L.R.A. 
363. 

Double  taxation.     60  L.R.A.  366. 

Assessments  at  full  value  when  valuations 
generally  are  less.     60  L.R.A.  368. 

Different  methods  of  assessment  and  pro- 
cedure.    60  L.R.A.  372. 

Miscellaneous.    60  L.RA.  374. 

Requirement  of  equality  and  uniformity  in 
assessments  for  public  improvements  by 
front-foot  rule.  28  L.R.A.(N.S.)  1135; 
L.R.A.1917D,  375. 

Requirement  as  to  equality  in  state  taxation 
of  shares  of  stock  of  national  banks. 
45  L.R.A.  744. 

Discrimination  against  shareholders  in  na- 
tional banks,  in  assessing  their  shares. 
10  L.R.A.(N.S.)    947. 


Begin  %oith  this  booTc  on  every  law  gttestion. 


INDEX  TO  L.E.A.  XOTES. 


1281 


TAXES— cont'd 

///.  Where  taxable;  situs  of  property. 

§   40.  Generally. 

Place  of  taxation  of  partnership  property. 

22  L.R.A.  477;  3  B.  R.  C.  793. 
Place  of  taxation  of  property  of  estate.     20 

L.R.A.  153. 
Situs  of  mill  site  or  water  power  for  pur* 

poses  of  taxation.    L.R.A.1917F,  591. 
Taxation    of    water    power    on    interstate 

stream.     18  L.R.A.  (N.S.)   755. 
Location  of  street  franchise  for  purposes  of 

taxation.     5  L.R.A. (N.S.)    174. 
^itus,  as  between  different  states  or  coun- 
tries,    of     personal    property    for 
purposes     of     property     taxation. 
L.R.A. 1915C,   01)3. 
Personal  property  held  by  testamentary 
trustees    or    by    executor    or    ad- 
ministrator.    L.R.A.1915C,  949. 
Personal   property   having  a  situs   for   tax- 
ation elsewhere,  as  subject  of  tax- 
ation in  the  state  of  the  owner's 
domicil.     36  L'.R.A.  (N.S.)   295. 
Poll   taxes.     29    L.R.A.    410. 
Domicil   or    residence    for    taxation    as   af- 
fected bv  purjjose  to  obtain  school  facil- 
ities.    L.R.A.1917A,   290, 

§   41.  Debts  generally. 

Debts  evidenced  by  notes  and  mortgages, 
see  infra,  §  47. 

"When  debt  may  have  situs  for  the  purpose 
of  taxation  apart  from  domicil  of  cred- 
itor. 2  L.R.A.  (N.S.)  637;  14  L.R.A. 
(N.S.)   493. 

8  42.  Property  of,  or  debts  due,  non- 
residents. 

Tax  on  property  of  nonresident,  see  supra, 
§   17. 

Succession  ta.x  on  estate  of  nonresident,  see 
infra,  §  100. 

Taxation  of  mortgage  given  to  nonresident. 

10  L.R.A.  60. 
Taxation  of  shares  of  stock  owned  by.     58 

L.R.A.  580. 
Local  situs  within  the  state  of  tangible  per- 
sonal  property   of   nonresident  for  the 
purposes  of  local  taxation.      7    L.R.A. 
(N.S.)    704. 
Bank  deposit  to  credit  of  nonresident  of  the 
state  as  subject  of  local  property  tax- 
ation.     26   L.R.A. (N.S.)    1120. 
Situs  as  between  different  states    or    coun- 
tries of  personal  property  of  non- 
residents.   L.R.A.1915C,  9^03. 
Property  held  by  testamentary  trustees 
or  by  executor    or    administrator. 
L.R.A.1915C,  949. 

§   43.  Property  in  transit. 

When  transit  commencing  in  another  state 
deemed  terminated  or  definitely  inter- 
rupted so  as  to  render  goods  liable  to 
local  taxation.     2  L.R.A.  (N.S.)  662. 

Consult  also  L.R.A.  Digests  of  Cases. 


TAXES,  III.— cont'd 

When  do  logs  intended  for  exportation  pass 

beyond   state's  power  of   taxation.     13 

L.R.A.  (N.S.)   800. 

§   44.  Bridge   over   boundary   river. 

Jurisdiction  as   to  taxation  of   bridge  over 

river  forming  boundary  of  a  statfe 

or  its  divisions.    29  L.R.A.  69. 

Taxation    of    franchise   of   bridge    company 

whose     structure     spans     a     navigable 

stream  between  two  states.     57  L.R.A. 

56. 

§   45.  Corporate  property. 

Taxation  of  capital  stock  of  corporation, 
whose  property  is  out  of  state  bounds. 
58  L.R.A.  529'. 

Taxation  of  shares  of  stock  owned  by  non- 
residents.    58  L.R.A.  580. 

Situs  as  between  different  states  of  shares 
of  corporate  stock  for  purpose  of  prop- 
erty  taxation.      L.R.A.1915C,   942. 

Where  state  tax  on  national  bank  is  to  be 
assessed.    45  L.R.A.  759. 

Situs  of  railroad  rolling-stock  for  purpose  of 
taxation.     69  L.R.A.  445. 

Designation  of  home  oflSce  by  corporation 
as  fixing  situs  for  purposes  of  taxation. 
L.R.A.1917A,  469. 

§  4  6.  Situs,  for  taxation,  of  tangible 
personal  property  of  domestic  cor- 
poration. 

In  general.     69  L.R.A,  431. 

Essentials  of  jurisdiction.     69  L.R.A.  432. 

Localization  of  corporations.    69  L.R.A.  433. 

Principal  office  as  domicil.     69  L.R.A.  433. 

Effect  of  certificate  of  incorporation  on  the 
question  of  domicil.     69  L.R.A.  437. 

Legislative  power  to  fix  the  situs  of  prop- 
erty for  taxation.     69  L.R.A.  441. 

Personal  property  physically  present  in  the 
taxing  jurisdiction.     69  L.R.A.  442. 

Tangible  property  outside  the  state.  69 
L.R.A.  443. 

Particular  classes  of  property.  69  LJl.A, 
445. 

§  47.  Situs  for  taxation  of  debts  evi- 
denced by  notes  and  mortgages. 

In  general.     16  L.R.A.  729. 

Mortgages.     16  L.R.A.  60,  730. 

Notes.     2  L.R.A.  801;*  16  L.R.A.  730. 

When  held  by  agent  residing  in  different 
state  from  principal.     16  L.R.A.  731. 

Situs  as  between  different  states  or  coun- 
tries of  debt  secured  by  mortgage  for 
purposes  of  property  taxation.  L,R.A. 
1915C,  939. 

§  48.  Place  of  taxation  of  trust  prop- 
erty. 

Generally.     20  L.R.A.  151. 

Who  are  trustees  within  the  rule.    20  L.R.A. 

152. 
In  case  of  several  trustees.     20  L.R.A.  152. 
Executors  and  administrators.     20  L.R.A. 
153. 
81 


1282 


IXDEX  TO  L.R.A.  NOTES. 


TAXES,  III.— cont'd 

Taxes  on  infant's  property.    20  L.R.A.  155. 

Lunatics'  property.     20  L.R.A.  155. 

Situs  as  between  diflFerent  states  or  coun- 
tries of  personal  property  held  by 
testamentary  trustees  for  purposes  of 
property  taxation.    L.R.A.1915C,  949. 

g  49.  Where  sbips  and  boats  are  tax- 
able. 

Generally.     37  L.R.A.  518.;  69  L.R.A.  447; 

29  L.R.A.(N.S.)  105. 
Different    jurisdictions     within     the     same 

state.  37  L.R.A.  518. 
Vessels  away  merely  on  a  voyage.    37  L.R.A. 

519. 
Vessels  away  indefinitely.   37  L.R.A.  519. 
What  is  home  port.    37  L.R.A.  520;  2  L.RA. 

(N.S.)  197,  1196. 


IV.  Assessment  and  levy;  enforcement; 
collection. 


a.  In  general, 

§  50.  Generally. 

Poll  taxes.     29  L.R.A.  412. 

Implied  right  to  interest  on  taxes  or  assess- 
ment.    6  L.R.A.(N.S.)    694. 

Presumption  as  to  time  of  alteration  in 
tax   bill.     39    L.R.A.  (N.S.)    114. 


§   52.  Failure   to   file   list. 

Validity  of  statute  subjecting  to  the  doom 
of  the  assessor  a  taxpayer  who  fails  to 
furnish  a  list  of  his  property.  24 
L.R.A.{N.S.)  388. 


h.  Assessment. 
1.  In  general. 

g  53.  Generally. 

Of  succession  tax,  see  infra,  §  101. 

Assessment  or  nonassessment  of  property 
as  affecting  its  dedication  or  acceptance 
fot  public  use.     L.R.A.1916B,  1175. 

What  notice  is  necessary  to  due  process  of 
law  in  tax  proceedings.    L.R.A.1916E,  5. 

Delegation  of  power  of  taxation  to  board  of 
equalization.     15  L.R.A. (N.S.)  66. 

Method  of  assessing  state  tax  on  national 
bank.    45  L.R.A.  758. 

Practice  and  procedure  of  assessors  in  tax- 
ing capital  stock  of  corporation.  58 
L.R.A.  612. 

Different  methods  of  assessment  and  proce- 
dure in  taxation  of  corporations.  60 
L.R.A.  372. 

Power  to  compel  production  of  corporate 
books  to  aid  in  assessing  holder  of 
stock  or  his  estate.  8  L.R.A. (N.S.) 
788. 

Computation  of  taxes  upon  insurance  premi- 
ums.    L.R.A.1918D,  958. 


Begin  with  this  book  on  every  law  question. 


TAXES,  IV.  b,  1— cont'd 
g   53a.  Assessment   of   land   owned   by^ 
cotenants  in  undivided  interests. 

Form  of  assessment  where  land  is  owned  by 
cotenants  in  undivided  interests.^ 
50  L.R.A. (N.S.)   402. 

§54.  Assessment  of  property  of  de- 
cedent's estate. 

In  general.    56  L.R.A.  634;  50  L.R.A. (N.S.) 

407. 
Assessment  to  decedent.     56  L.R.A.  634;  60 

L.R.A. (N.S.)   407. 
Assessment    to    "estate    of"    decedent.      56 

L.R.A.  636;   50  L.R.A.(N.S.)   409. 
Assessment  to  heirs  or  devisees,  next  of  kin 

or  legatees.     56  L.R.A.  645;  50  L.R.A. 

(N.S.)   410. 
Assessment  to  executors  or  administrators. 

56  L.R.A.  647;  50  L.R.A. (N.S.)   411. 
What  notice  is  necessary  to  due  process  ol 

law.     L.R.A.1916E,  56. 

g   54a.  — omitted  property. 

Assessment  after  death  of  owner,  of  taxea 
omitted  during  his  lifetime.  40  L.R.A. 
(N.S.)    927. 

g   55.  Time  for. 

First  and  last  days  in  computing  time  for 
assessment.  49  L.R.A.  236;  15  L.R.A. 
(N.S.)   691. 

2.  Valuation. 

g   56.  Generally. 

For  purpose  of  succession  tax,  see  infra, 
§  102. 

Mandamus  at  instance  of  creditor  to  compel 
raising  of  tax  assessment  to  the  full 
value  of  the  property.  L.R.A. 1918B,- 
1107. 

Valuation  of  capital  stock  for  purpose  of 
taxation.     58  L.R.A.  594. 

Method  of  fixing  values  of  national  bank 
shares.     45  L.R.A.  756. 

Valuation  of  corporate  franchise  for  pur- 
pose of  taxation.    57  L.R.A.  98. 

Assessments  of  corporations  at  full  value 
when  valuations  generally  are  less.  60 
L.R.A.  368. 

Consideration  of  earnings  or  income  in  de- 
termining the  value  of  property  for 
purposes  of  taxation.  L,R.A.1916C, 
529. 

g   57.  — deductions. 

In  computing  succession  tax,  see  infra, 
§  103. 

Set-off  for  debts  in  assessment  of  partner- 
ship property.     22  L.R.A.  477. 

Corporate  indebtedness  as  element  in  fixing 
value  of  capital  stock  for  taxation.  58 
L.R.A.  577. 

In  valuation  of  capital  stock  for  purpose  of 
taxation.  58  L.R.A.  594;  L.R.A.1915C, 
380. 

Deductions  in  taxation  of  shares  of  corpo- 
rate stock  in  hands  of  shareholders. 
L.R.A.1915C,  386. 


INDEX  TO  L.K.A.  JiOTES. 


1283 


TAXES,  IV.  b,  2— cont'd 
Deduction  of  indebtedness  in  state  taxation 
of  shares   of   national   bank   stock. 
45  L.R.A.  751. 
Deduction  for  investment  in  real  estate  and 
other  property  in  state  taxation  of 
shares  of  national  bank  stock.     45 
L.R.A.  757. 
Constitutionality  of  provision  for  deduction 
of  debts  from  credits  or  other  property. 
23  L.R.A.  278. 
Constitutionality  of  statute  which  allows  a 
deduction  of  only  the  assessed  value  of 
the  real  estate  in  assessing  the  capital 
stock  of  a  corporation.     30  L.R.A.  (N. 
S.)   704. 

§   58.  —  as  of  what  time. 

As  of  what  .time  is  the  assessed  valuation 
to  be  taken  for  purposes  of  determining 
the  debt  limit  of  a  state  or  municipal- 
ity.    28  L.R.A.  (N.S.)   149. 

c.  Reassessment, 

§   59.  Generally. 

Reassessment.     6  L.R.A.  802.* 

c.  Review,  correction;  equalization;  ap- 
peal. 

§   59b.  Board  of  equalization. 

Parol  evidence  to  varv  or  supplement  min- 
utes of.     50  L.R.A. (N.S.)   99. 

Delegation  of  power  of  taxation  to  board  of 
equalization  or  revision.  15  L.R.A. 
(N.S.)    66. 

§   59  c.  AppeaL 

Effect  of  right  to  appeal  to  supply  defects 
in  notice  in  tax  proceedings.  L.RA. 
1916E,  21. 

Power  of  legislature  to  permit  appeal  to 
court  for  purpose  of  reviewing  the 
amount  of  tax  assessment.  L.R.A, 
1915B,  875. 

d.  Tax  officers, 

§   60.  Generally. 

Board  of  equalization,  see  supra,  §  59b. 
Effect   of   officer's    acts   and   negligence   on 
right  of  redemption,  see  infra,  §  83. 

Parol  evidence  to  vary  or  supplement  rec- 
ords of.     50  L.R.A. (N.S.)    99. 

Liability  of  tax  officers  or  their  bond  for 
failure  of  tax  purchaser's  title  on  ac- 
count of  irregularities  in  procedure. 
41  L.R.A. (N.S.)   967. 

Liability  of  taxing  officer  to  individual  for 
nonfeasance,  misfeasance,  or  mal- 
feasance.    51  L.R.A.  (N.S.)    137. 

Liability  of  municipality  for  wrongful  pro- 
ceedings instituted  by  its  officers  to  col- 
lect taxes,     32  L.R.A. (N.S.)    37. 

§   61,  Tax  collectors. 

Effect  of  insertion  of  unauthorized  provi- 
sions in  bond  of.     L.R.A.1917B,  990. 

Tax  collectors  as  public  officers.  17  L.R.A. 
247. 

Consult  also  L.R.A.  Digests  of  Cases. 


TAXES,  IV.  d— cont'd 

Priority  of  claim  for  taxes  against  assets  of 
collectors.     29  L.R.A.  279. 

Equity  jurisdiction  of  suit  against  tax  col- 
lector who  is  in  default.  43  L.R.A. 
(N.S.)   604. 

Liabilitj-  of  tax  collector  to  individual  for 
nonfeasance,  misfeasance,  or  malfea- 
sance.   51  L.R.A.  (N.S.)   14G. 

Right  of  sureties  of  tax  collector  who  have 
made  good  a  loss  occasioned  by  their 
principal's  misconduct  or  default  to  be 
subrogated  to  rights  of  obligee  or  bene- 
ficiary of  the  bond  against  a  third  per- 
son. 14  L.R.A. (N.S.)  155;  46  L.R.A. 
(N.S.)  557. 

c.  Who  liable  for  tax;  to  whom  taxable, 

§   62.  Generally. 

Who   subject  to  succession  tax,   see   infra, 

§§  99,  100. 
Liability  of  life  tenant,  see  Dowee,  §  21; 

Life  Tenants,  §  10. 
As  between   mortgagor  and  mortgagee,  see 

Mortgage,  §  32. 

Name  in  which  partnership  property  should 
be  assessed.     22  L.R.A.  478. 

To  whom  are  improvements  removable  by 
tenant  at  expiration  of  term  taxable. 
37  L.R.A.(N.S.)    1166. 

Right  to  enforce  tax  against  nonresident 
stockholder  of  corporation.  33  L.R.A. 
(N.S.)  907, 

Is  purchaser  of  real  property  under  execu- 
tory contract  the  owner  thereof  for  pur- 
poses of  taxation.  24  L.RA. (N.S.) 
1300. 

Who  is  responsible  for  taites  on  improve- 
ments removable  by  tenant  at  end  of 
term.     32  L.R.A. (N,S.)   368. 

Reservation  of  right  of  re-entry  as  affecting 
liability  on  covenant  to  pay  taxes,  42 
L.R.A.  (N.S.)    1088. 

Liability  of  liquor  dealer's  bond  for  taxes 
and  returns.    L.R.A.1916E,  277. 

Who  responsible  as  between  vendor  and 
vendee  for  taxes  accruing  after  sale  but 
before  title  perfected  in  purchaser.  43 
L.R.A.(N.S,)    51. 

Taxation  of  land  under  perpetual  lease  or 
ground  rent.     46  L.R.A. (N.S.)    284. 

§   63.  Poll  taxes. 

Upon  whom  poll  tax  imposed.     29  L.RA. 

409. 
Legislative   power    to    compel    employer    to 

pay  employee's  poll  tax.     9  L.R.A.  (N. 

S.)   306. 

/.  Payment;  tender. 

§   64.  Generally. 

Right  to  recover  back  taxes,  paid,  see  infra, 
§§  86,  87. 

Payment  of  succession  tax,  see  infra,  §  104. 

Covenant  in  lease  as  to  payment  of,  see 
Landlord  and  Tenant,  §  18a. 

Foreclosure  of  mortgage  on  default  in  pay- 
ment of,  see  Mortgage,  §  65. 


l-2Si 


INDEX  TO  L.E.A.  NOTES. 


TAXES,  IV.  f— cont'd 

Subrogation  of  person  paying,  to  rights  of 
public,  see  Subrogatiox,  §  8. 

Mandatory  injunction  to  compel  reception 
of   coupons  for   taxes.     20  L.E.A.   167. 

Necessity  of  immediate  payment  on  a  tax 
sale.     33  L.R.A.  481. 

Payment  of,  as  a  qualification  of  grand  ju- 
ror.    28   L.R.A.   198. 

Payment  of  poll  taxes  as  qualification  of 
electors.    29  L.R.A.  414. 

Payment  of,  by  mortgagee,  tacking  to  mort- 
'  gage  debt.     5  L.R.A,  293. 

Tender  of  tax  preyented  by  officer.  20 
L.R.A.  489. 

Effect  of  tender  of.     20  L.R.A.  491. 

Payment  of  tax  due  as  condition  of  injunc- 
tion against  collection  of  illegal  taxes. 
22  L.R.A.  703. 

Proyision  in  lease  of  public  property  as  to 
payment  of  taxes.    L.R.A. 191oC,  698. 

Repudiating  cotenancy  as  affectin^r  coten- 
ant's  right  to  contribution  or  indemnity 
for  taxes  paid.     L.R.A.1915B,  971. 

Right  of  mortgagor  or  owner  of  equity  of 
redemption  to  contest  validity  of  tax 
paid  by  mortgagee.    L.R.A.  1915D,  432. 

Presumption  of  payment  from  lapse  of  time. 
L.R.A.1916B,  739. 

Presumption  as  to  time  of  alteration  in  tax 
receipt.     39  L.R.A. (N.S.)    110. 

§   65.  By  life  tenant. 

See  Life  Tenant,  §  10. 

fir.  Relief  from. 

§   66.  Generally.    ' 

Injunction  against,  see  Injunction,  §  63. 

Remedies  with  respect  to  state  taxation  of 
national  banks.    45  L.R.A.  763. 

Power  of  legislature  to  permit  appeal  to 
court  for  purpose  of  reviewing  the 
amount  of  a  tax  assessment.  13  L.R.A. 
(N.S.)   716;  L.R.A.1915B,  875. 

Equitable  relief  against  forfeiture  of  estate 
for  nonpayment  of  taxes.  69  L.R.A. 
848. 

§  0  7.  In  case  of  taxation  of  capital 
stock. 

Administration  and  relief  in  case  of  taxa- 
tion of  capital  stock.  58  L.R.A. 
612. 

h.  Enforcement   and   collection   gener- 
ally. 

%  68.  Generally. 

Injunction  against,  see  Injunction,  §  63. 

What  notice  is  necessary  to  due  process  of 

law  in  tax  proceedings.   L.R.A. 1916E,  5. 
Enforcement    of    tax    on    municipal    water 

works.     60  L.R.A.  855. 
Duty  of  corporations  to  collect  taxes  upon 

their  share  stock.     58  L.R.A.  588. 
Eirst  and  last  days  in  computing  time  for. 

49  L.R.A.  236. 
Imprisonment  for   nonpayment.     34  L.R.A. 

654;  L.R.A.1915B,  648. 


TAXES,  IV.  h— cont'd 

Effect  of  property  being  in  custodia  legis  on 
right  to  enforce  payment  of  delinquent 
taxes.     17  L.R.A. (N.S.)   465. 

Authority  of  county  to  employ  tax  ferret. 
4  L.R.A. (N.S.)  339;  38  L.R.A. (N.S.) 
261. 

Liability  of  municipality  for  wrongful  pro- 
ceedings instituted  by  its  oificers  to  col- 
lect taxes.     32  L.R.A.  (N.S.)   37. 

Right  of  set-off  or  counterclaim  in  taxation 
cases.     33  L.R.A. (N.S.)   382. 

Unconstitutionality  of  statute  as  defense 
against  mandamus  to  compel  enforce- 
ment of  tax.    47  L.R.A.  514. 

Presumption  as  to  time  of  alteration  in  tax 
execution.    39  L.R.A.  (N.S.)  114. 

§   69.  Enforcement   by   action. 

Who  is  real  party  in  interest  by  whom  ac- 
tion for  enforcement  must  be  brought. 
64  L.R.A.  619. 

Personal  action  to  recov'er  tax  on  property. 
41    L.R.A.(N.S.)    730. 

Validity  and  effect  of  judgment  against 
parties  designated  as  unknown.  L.R.A. 
1918F,  609.' 

§  7  0.  Effect  of  omission  of  statement 
that  owner  is  unknown  in  proceed- 
ing in  rem  to  enforce. 

Omission  in  assessment  roll.  36  L.R.A.  (N. 
S.)  1060. 

Omission  in  petition  for  tax  foreclosure 
proceedings.     36   L.R.A. (N.S.)    1064. 

Omission  of  affidavit  for  service  by  publica- 
tion.    36  L.R.A.  (N.S.)   1064. 

Omission  in  notice  of  sale.  36  L.R.A. (N.S.) 
1065. 

Variance  between  deed  and  certificate  of 
sale  as  to  statement  that  owners  are 
unknown.     36  L.R.A.  (N.S.)   1066. 

§  71.  Attorneys'  fees. 

Validity  of  statutory  provision  for  attor- 
neys' fees  in  proceedings  involving  col- 
lections of  taxes  or  special  assessments. 
28  L.R.A.(N.S.)  1062. 

i.  Sale  for  nonpayment;  tax  certificate 
or  deed;  tax  titles. 

§    72.  Generally. 

Effect  of,  on  dower  right,  see  Doweb,  §  13. 
Injunction  against,  see  Injunction,   §  63. 
Limitation  of  action  as  to  tax  sale,  see  Lim- 
itation OF  Actions,  §§  43,  57. 

Where  tax  sales  to  be  made.     33  L.R.A.  96. 

Necessity  of  immediate  payment  on  tax  sale. 
33    L.R.A.    481. 

Remedy  of  remainderman  when  sale  af- 
fects his  estate.     33  L.R.A.  695. 

Tax  sale  of  land  held  adversely.  35  L.R.A. 
(N.S.)   743. 

Effect  of  omission  of  statement  that  owner 
is  unknown  in  petition  for  tax  fore- 
closure proceedings.  ^Q  L.R.A. (N.S.) 
1064. 

§   73.  Notice  of   sale. 

Effect  of  omission  of  statement  that  owner 
is  unknown  in  notice  of  sale.  36  L.R.A. 
(X.S.)   106.). 


Begin  with  this  hooTc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1285 


TAXES,  IV.  i— cont'd  | 

§    74.  \Vho  may  purchase. 

Validity  and  effect  of  pnrcliase  of  tax  title 
by  mortgagee.     L.R.A.1917D,  522. 

Right  of  cotenant  to  purchase  in  his  own 
right  at  a  sale  for  taxes  assessed 
against  the  person  from  whom  the  co- 
tenants  derived  title.  19  L.R.A.(N.S.) 
591. 

Right  of  vendee  to  acquire  tax  title  ad- 
versely to  vendor.  46  L.R.A.  (N.S.) 
209. 

Right  of  tenant  to  acquire  tax  title.  53 
L.R.A.  939;  L.R.A.  1916F,  206. 

Lessee  as  purchaser  at  sale  for  nonpayment 
of  taxes  or  assessments  which  he  has 
covenanted  to  pay.     L.R.A.1915A,  353. 

Right  of  wife  to  secure  husband's  property 
at  tax  sale.     9  L.R.A. (N.S.)   674. 

Effect  of  purchase  of  tax  title  by  remainder- 
man in  expectancy.     L.R.A.1015E,  344. 

Effect  of  purchase  at  tax  sale  by  or  in  the 
interest  of  mortgagor,  guarantor  of 
mortgage  indebtedness,  or  purchaser  of 
equity  of  redemption.  16  L.R.A. (N.S.) 
121;  "52  L.R.A. (N.S.)   877. 

§    7  5.  Validity   of   sale. 

Validity  of  tax  sales  where  nonpayment  is 
due  to  mistake  or  negligence  of  the  tax 
officers.  20  L.R.A.  487;  L.R.A.1915C, 
158. 

Statute  limiting  time  for  attack  on  tax  sale, 
or  creating  a  conclusive  presumption  as 
to  its  validity  as  applied  to  a  sale  un- 
der proceedings,  void  for  jurisdictional 
defects,  under  which  possession  has  not 
been  taken.     8  L.R.A. (N.S.)   157. 

§   7  6.  Effect  Of  sale. 

Tax  sale  as  cutting  off  easement.  L.R.A. 
1915D,  1115. 

Effect  of  tax  sale  upon  inchoate  right  of 
dower.     24  L.R.A. (N.S.)    1294. 

Effect  of  tax  sale  to  create  relation  of  land- 
lord and  tenant  between  purchaser  and 
prior  lessee.     6  L.R.A. (N.S.)   260. 

Effect  of  void  proceedings  under  which  real 
estate  is  sold  to  start  limitations  run- 
ning in  favor  of  purchaser  in  posses- 
sion.    8  L.R.A.  (N.S.)   356. 

§  7  7.  — during  existence  of  life  es- 
tate. 

Effect  of  tax  sale  on  land  held  by  life  ten- 
ant.    32  L.R.A.  805. 

The  effect  on  estates  in  reversion  or  re- 
mainder of  a  tax  sale  during  the 
existence  of  a  life  estate.  33 
L.R.A.  688. 

§  78.  Rights  and  remedies  of  pur- 
chaser. 

License  tax  on  purchasers  of  tax  titles.     47 

L.R.A.  (N.S.)   1078. 
Right  of  purchaser  at  tax  sale  to  compel 

issuance    of    new    deed    where   original 

deed  is  defective  or  invalid.     50  L.R.A. 

(N.S.)   316. 
Consult  also  L.B.A.  Digests  of  Cases. 


TAXES,  IV.  i— cont'd 

§    79.  — right  to  reimbursement. 

Right  of  purchaser  at  invalid  tax  sale,  in 
absence  of  statute,  to  be  reim- 
bursed by  taxing  authority  for  the 
purchase  price,  or  for  taxes  subse- 
quently paid  by  him.  31  L.R.A. 
(N.S.)""  1141. 

Right  of  one  holding  under  invalid  tax  deed 
to  be  reimbursed  for  improvements. 
34  L.R.A.  (N.S.)    549. 

Reimbursement  of  taxes  paid  by  purchaser, 
as  condition  of  equitable  relief 
against  invalid  tax  title.  L.R.A. 
1915C,  492. 

§80.  Tax  certificate. 

As  color  of  title,  see  Advebse  Possession, 
§  16. 

Change  of  law  as  to  effect  of  tax  certificates 
as  evidence  of  title.  4  L.R.A. (N.S.) 
1074. 

Is  possession  under  tax  certificate  during  re- 
demption period  adverse.  13  L.R.A.  (N. 
S.)    627. 

Liability  of  public  body  for  tax  certificates 
stolen   from   it.     39  L.R.A.(N.S.)    444. 

§   81.  Tax  deed. 

As  color  of  title,  see  Adverse  Possessiox, 
§  17. 

Improvements  by  one  holding  under,  see  Im- 
provements, §  14. 

Substitute  conveyances.  44  L.R.A. (N.S.) 
852. 

Execution  of  tax  deed  in  name  of  deputv. 
19  L.R.A.  179. 

Right  of  holder  of  tax  deed  to  take  posses- 
sion.    28  L.R.A.  (N.S.)    398. 

Judgment  dismissing  bill  to  set  aside  tax 
deed  as  a  cloud  on  title  as  res  judicata- 
in  action  under  tax  deed  to  recover  pos- 
session of  property.  25  L.R.A.  (N.S.) 
1011. 

Statutory  limitation  of  time  for  relief 
against  tax  deed  as  affecting  right  to 
set  up  invalidity  of  tax  title  as  de- 
fense.    46  L.R.A. (N.S.)    1065. 

Right  of  purchaser  at  tax  sale  to  compel 
issuance  of  new  deed  where  orig- 
inal deed  is  defective  or  invalid. 
50  L.R.A. (N.S.)    316. 

Does  a  void  tax  deed  set  in  motion  special 
statutes  of  limitation  governing  ac- 
tions to  recover  lands  sold  for  taxes. 
27   L.R.A.  (N.S.)    339. 

Effect  upon  special*  statute  of  limitations 
which  begins  to  run  from  time  actual 
possession  is  taken  under  tax  deed  of 
fact  that  such  deed  was  void  or  irregu- 
lar.    23  L.R.A.(N.S.)    1102. 

Presumption  as  to  time  of  alteration  in  tax 
deed.     39  L.R.A.  (N.S.)    100,  115. 

§  81a.  Tax  titles. 

Statutory  limitation  of  time  for  relie^^ 
against  tax  deed  as  affecting  right  to 
set  up  invalidity  of  tax  title  as  defense. 
46  L.R.A.(N.S.)    1065. 


1286 


INDEX  TO  L.R.A.  NOTES. 


TAXES,  IV.  i— cont'd 

Reimbursement  of  taxes  paid  by  purchaser 

as  condition  of  equitable  relief  against 

invalid  tax  title.     L.R.A.1915C,  492. 
Marketability  of  tax  title.    38  L.R.A.(N.S.) 

26. 
Right   of   one    in   possession   under    invalid 

foreclosure  sale  to  acquire  a  tax  title. 

38   L.R.A,(N.S.)    333. 

j.  Redemption. 

§   82.  Generally. 

Effect  of  tender  of  redemption  money.  20 
L.R.A.  491. 

§  83.  Effect  of  officer's  acts  or  negli- 
gence. 

Tender  of  redemption  money  prevented  by 
officer.     20  L.R.A.  489. 

§    84.   Time  for. 

First  and  last  days  in  computing  time  for. 
49  L.R.A.  237.  ' 

§   85.  Notice   of. 

Who  entitled  to  notice  to  redeem  from  tax 
sale.     44  L.R.A.  (N.S.)    666. 

Applicability  to  past  sales  of  statute  elim- 
inating notice  of  expiration  of  redemp- 
tion period  required  by  previous  stat- 
ute, or  requiring  such  notice  when  none 
was  before  required.  10  L.R.A.  (N.S.) 
818. 

Te.  Recoveinng  tctxes  paid. 

§   86.  Generally. 

Right  of  purchaser  at  tax  sale  to  reimburse- 
ment for  taxes  paid,  see  supra,  §  79. 

Right  to  recover  back  tax  voluntarily  re- 
funded.    45  L.R.A.(N.S.)   753. 

What  notice  is  necessarv  to  due  process  of 
law.     L.R.A.1916E,  5. 

Recovery  back  of  taxes  paid  on  capital 
stock   of   corporation.     58   L.R.A.   616. 

Claim  against  state  for  illegal  taxes  paid. 
42  L.R.A.  69. 

Right  of  one  who  pays  invalid  tax  for  pur- 
pose of  obtaining  discount  to  recover 
amount  paid.  28  L.R.A. (N.S.)  1045; 
41  L.R.A.(N.S.)   175. 

Right  to  resort  to  court  to  recover  taxes 
paid  on  erroneous  or  excessive  assess- 
ments without  previous  resort  to  statu- 
tory remedies.     16  L.R.A.  (N.S.)   685. 

Right  of  purchaser  of  property  to  recover 
the  amount  he  has  paid  to  relieve  land 
from  tax  lien,  from  one  who  should 
have  paid  the  same,  but  with  whom  he 
had  no  contractual  relationship.  22 
L.R.A. (N.S.)   562. 

Right  to  recover  money  paid  for  illegal 
taxes  after  it  has  been  disbursed,  paid 
over,  or  distributed.  11  L.R.A. (N.S.) 
1104. 

Necessity  and  sufficiency  of  statement  of 
grounds  in  notice  of  protest  required  as 
condition  of  recovering  back  payment 
of  an  unlawful  tax.  36  L.R.A. (N.S.) 
476. 

Begin  ivith  this  hook  on  every  law  question. 


TAXES,  IV.  k— cont'd 
§   8  7.  Prerequisites  to. 

Claim  for  refund  of  taxes  as  within  statute 
or  ordinance  requiring  notice  or  presen- 
tation of  claim  as  a  condition  of  mu- 
nicipal liahility.     .50  L.R.A.  (N.S.)    181. 
Necessity    and    sufficiency    of    statement   of 
grounds    in    notice    of    protest    re- 
quired  as   condition   of   recovering 
back  payment  of  an  unlawful  tax. 
36  L.R.A.(N.S.)    476. 

F.  Lien;  priorities. 

§   88.  Generally. 

Subrogation  to  tax  lien,  see  Subrogation, 

§8. 

Acquisition  of  property  by  the  public  as  af- 
fecting previously  existent  tax  lien.  48 
L.R.A.  (N.S.)    710. 

When  taxes  become  a  lien  on  land.  l5 
L.R.A.  236. 

Constitutionality  of  statute  making  a  li- 
cense, occupation,  or  privilege  tax  a 
lien  on  real  property  owned  by  one 
otlier  than  the  person  assessed.  20 
L.R.A. (N.S.)    42. 

Effect  of  lien  on  marketabilitv  of  title.  38 
L.R.A.(N.S.)   32. 

§    89.  Priority. 

Superiority  of  lien  for  special  assessments 

over   lien   for   taxes.      30  L.R.A.  (N.S.) 

768. 
Effect  of  acquisition  of  title  by  eminent  do- 
main  to   cut  off  tax   liens.     21   L.R.A. 

(N.S.)    68. 
Priority  of  claim  for,  against  property  in 

hands     of     receiver.       2     L.R.A.  (N.S.) 

1052,  1060,  1069. 
Preference   of,   in  distribution   of  assets  of 

insolvent      insurance      company.        38 

L.R.A.  107. 
Priority    of    claims    for    taxes    against   the 
assets  of  a  debtor.     29  L.R.A.  249, 
278. 
Priority   as    between   taxes   and   costs   and 

fees   in   bankruptcy.     31   L.R.A. (N.S.) 

988. 
Priority  of  lien  for  personal  taxes  over  pre- 
existing  liens   on   property   of   the 
taxpayer.     L.R.A.1915D,  886. 

VI.  Succession  tax. 

a.  In  general. 

§   90.  Generally. 

Constitutionality  of  statutes  as  to,  see  CON- 

STITUTIOXAL    LaW,    §    155. 

General  and  special  legislation  as  to,  see 
Statutes,  §  18.  . 

Repeal  of  statute  imposing  succession  tax, 
as  affecting  estate  of  one  who  died  be- 
fore the  repealing  act  took  effect.  8 
L.R.A.  (N.S.)    1210. 

§   91.  Nature  of. 

Nature  of  inheritance  tax.  2  L.R.A.  825;* 
33  L.R.A.  (N.S.)   606. 


INDEX  TO  L.R.A.  NOTES. 


1287 


TAXES,  VI.  a— cont'd 

§   92.  Power   to   impose. 

Power  to  impose  succession  tax  retrospec- 
tively.    8  L.R.A.  (N.S.)    1180. 

Is  the  light  to  take  property  by  will  or 
inheritance  a  natural  or  statutory 
right.    9L.R.A.(N.S.)  121. 

§  93.  Uniformity;  equality;  discrim- 
ination. 

TJnifoniiitv  of  tax  or  fee  as  condition  of 
prohaite.      50   L.R.A. (N.S.)    907. 

Uniformity  and  equality  of  succession  taxes. 
33  L.R.A.  (N.S.)  5!)2;  50  L.R.A.  (N.S.) 
992. 

Validity  of  discrimination  against  aliens 
by  inlieritance  tax  law  as  affected  by 
treaty  with  foreign  government.  33 
L.R.A. (N.S.)    632;  L.R.A.lOlbA,  474. 

§   94.  — double  ta.xation. 

^Exacting  succession  tax  in  two  or  more 
states  as  double  taxation.  15  L.R.A. 
(N.S.)   150. 

I'^ffect  of  statutes  designed  to  prevent  lap- 
sing of  testamentary  provisions  upon 
death  of  beneficiary  in  testator's  life- 
time to  render  the  property  bequeathed 
twice  liable  to  legacy  or  inheritance 
tax.     5  B.  R.  C.  857. 

lEffect  of  statute  to  make  provision  pre- 
served from  lapse  a  part  of  the  deceased 
beneficiary's  estate.    5  B.  R.  C.  857. 

§   95.  Exemptions,  generally. 

Exemption  from  liability  to  succession  tax. 
33  L.R.A. (N.S.)  595;  50  L.R.A. (N.S.) 
992. 

Applicability  of  general  tax  exemptions  to 
inheritance  or  succession  taxes.  23 
L.R.A.  (N.S.)  1208;  48  L.R.A.(N.S.) 
373;  1  B.  R.  C.  877. 

Must  property  out  of  state  be  included  in 
fixing  exemptions  under  inheritance  tax. 
39  L.R.A. (N.S.)    1024. 

Effect  on  transfer  tax  of  apportioning  prop- 
erty of  nonresident  decedent  within  tlie 
state  to  payment  of  debts  or  legacies 
which  are  exempt  or  subject  to  a  re- 
duced rate.    18  L.R.A. (N.S.)  946. 

night  of  charitable,  educational  or  religious 
institutions  to  exemption  from  taxation 
as  affected  by  the  geographical  field  of 
operation.     51  L.R.A. (N.S.)    817. 

h.  Property   and   transfers   subject   to, 
or  exempt  from. 

g  96.  Generally. 

Succession  tax  on  dower,  see  Doweb,  §  22. 
Succession  tax  on  mortgage,  see  Mobtgaoe, 
§  3. 

Retrospective   operation.     44   L.R.A. (N.S.) 

419. 
Doctrine  of  equitable  conversion  in  relation 

to  succession  tax.    1  L.R.A. (N.S.)  400; 

19  L.R.A.(N.S.)   290. 
-ConsuU  also  L.R.A.  Digests  of  Cases. 


TAXES,  VI.  b— cont'd 

Succession  tax  on  gift  in  contemplatidn  of 
death.  18  L.R.A. (N.S.)  458;  46  L.R.A. 
(N.S.)   790. 

Applicability  of  succession  tax  to  property 
conveyed,  or  agreed  to  be  conveyed,  in 
consideration  of  support  of  grantor  dur- 
ing his  life.  18  L.R.A. (N.S.)  226;  52 
L.R.A.(N.S.)    211. 

Succession  tax  on  dower,  curtesy,  statutory 
homestead,  or  allowances.  29  L.R.A. 
(N.S.)    428. 

Succession  tax  upon  provision  in  lieu  of 
dower.  33  L.R.A. (N.S.)  230;  45  L.R.A. 
(N.S.)  228. 

Succession  tax  upon  property  received  by  a 
surviving  spouse.  L.R.A.1916C, 
675. 

Succession  tax  upon  death  of  one  tenant  of 
estate  held  by  entireties.  L.R.A.1916C, 
678. 

Liability  of  community  property  to  succes- 
sion tax.  20  L.R.A. (N.S.)  208;  39 
L.R.A.(N.S.)   1107. 

Succession  tax  upon  death  of  one  joint 
tenant.     L.R.A.1916C,  682. 

Bequest  or  devise  in  payment  for  services, 
etc.,  rendered  testator,  as  subject  to 
succession  tax.     L.R.A.1916C,  555. 

Is  money  set  aside  under  will,  or  otherwise, 
for  purposes  of  caring  for  grave,  erec- 
tion of  tomb  or  monument,  subject  to 
inheritance  tax.  23  L.R.A.(N.S.")  474; 
L.R.A.1918A,  767. 

Inheritance  or  succession  tax  on  money  or 
property  of  estate,  which  has  been  lost 
or  misappropriated  since  decedent's 
death.     32  L.R.A. (N.S.)    1167. 

Succession  or  inheritance  tax  on  interest  of 
pledgeor  or  pledgee.     L.R.A.1917F,  278. 

Inheritance  tax  on  proceeds  of  life  insur« 
ance.    L.R.A.1917D,  636. 

§  9  7.  Applicability  of  general  tax  ex- 
emptions to  succession  taxes. 

Applicability  of  general  tax  exemptions  to 
inheritance  or  succession  taxes.  23 
L.R.A.(N.S.)  1208;  48  L.R.A.(N.S.) 
373;  1  B.  R.  C.  877. 

§  98.  On  property  covered  by  power 
of   appointment. 

Taxability   under   donee's   will.     33   L.R.A. 

(N.S.)  236;  L.R.A.1918D,  339. 
Present  taxability  under   donor's  will.     33 

L.R.A.(N.S.)    248;    L.R.A.1918D,   343. 
Power  of  appointment  reserved  by  grantor. 

33  L.R.A. (N.S.)  250;  L.R.A.1918D,  343. 
Miscellaneous  cases.     33  L.R.A.(N.S.)   250; 

L.R.A.1918D,  343. 

g  98a.  On  conveyance  to  take  effect 
after  grantor's   death. 

Succession  tax  upon  gift  in  contemplation 
of  death.    46  L.R.A. (N.S.)  790. 

Relative  dates  of  statute  and  transfer.  38 
L.R.A.(N.S.)    1141. 

Manner  of  postponement  of  possession  or 
enjoyment.     38  L.R.A.(N.S.)   1141. 


1288 


INDEX  TO  L.R.A.  NOTES. 


TAXES,  VI.— cont'd 

c.  Persons  subject  to,  or  exempt  from. 

§   99.  Generally. 

Adopted  child  as  a  "child"  within  inherit- 
ance tax  law.  30  L.R.A.(N.S.)  919; 
L.R.A.1918F,  1084. 

Exemption  of  bequest  to  government  from. 
23  L.K.A.(N.S.)   1209. 

Right  of  charitable,  educational  or  religious 
institutions  to  exemption  from  taxation 
as  affected  by  the  geographical  field  of 
operation.     51  L.R.A.  (N.S.)   817. 

§   100.  Nonresidents. 

Liability  of  debt  due  from  resident  to  non- 
resident to  succession  tax.  4  L.R.A. 
(N.S.)    953;   L.R.A.1916A,  894. 

Debt  due  to  nonresident  secured  by  mort- 
gage upon  land  within  the  state  as  sub- 
ject of  inheritance  tax.  9  L.R.A. (N.S.) 
1104;   35   L.RjV.(N.S.)    784. 

Liability  of  insurance  policy  issued  by  a  do- 
mestic corporation  upon  the  life  of  a 
nonresident  to  a  local  transfer  tax.  10 
L.R.A.(N.S.)    1089. 

Stock  in  a  domestic  corporation  belonging 
to  the  estate  of  a  nonresident.  19 
L.R.A.(N.S.)  887;  25  L.R.A.(N.S.) 
384;  L.R.A.1917F,  270. 

Application  to  foreign  corporation  of  ex- 
emption in  favor  of  charitable,  educa- 
tional or  religious  institutions.  51 
L.R.A.(N.S.)    817. 

Inheritance  or  succession  tax  on  property 
covered  by  power  of  appointment  in 
cases  of  nonresidents.  33  L.R.A. (N.S.) 
239,  248;   L.R.A.1918D,  339. 

Effect  on  transfer  tax  of  apportioning  prop- 
erty of  nonresident  decedent  within  the 
state  to  payment  of  debts  or  legacies 
which  are  exempt  or  subject  to  a  re- 
duced tax.    18  L.R.A.(N.S.)  946. 

Physical  presence  or  absence  of  personal 
property,  or  evidence  thereof,  as 
affecting  liability  to  tax.  46  L.R.A. 
(N.S.)    1167. 

d.  Assessm^ent ;   valuation. 

§   101.  Assessment  of. 

Assessment  of  tax.     12  L.R.A.  406.* 

§    102.  Appraisement  and  valuation. 

Basis  and  method  of  computing  value  of 
life  estate  or  annuity  for  purposes 
of  succession  tax.  46  L.R.A. (N.S.) 
714. 

§   103.  —deduction. 

Deduction  of  mortgage  in  computing  succes- 
sion tax.     16  L.R.A. (N.S.)    329. 

Is  exempt  portion  of  estate  to  be  included 
or  excluded  in  determining  amount  for 
purpose  of  fixing  rates.  51  L.R.A. 
(N.S.)    1075. 

e.  Payment;  classification. 

§    104.  Payment   of. 

Inheritance  tax  as  within  covenant  5n  lease, 
sublease,  or  assignment  of  lease  as  to 
payment  of  taxes.     L.R.A.1915A.  334. 

Begin  with  this  hook:  on  every  laiv  question. 


TAXES,  VI.  ^-cont'd 

Personal  liabilitv  of  executor  or  adminis- 
trator. "  L.R.A.1935C,   615. 

Effect  of  discharging  executor  or  adminis- 
trator before  inheritance  tax  is  paid.. 
L.R.A.1917E,  1162. 

§    105.  Classification. 

Classification  of  inlieritanccs  or  gifts  for 
purposes  of  succession  tax  on  basis  of 
amount.     6  L.R.A.(N.S.)    732. 

VII.  Income  tax. 

§    106.   Generally. 

Constitutionality  of  statutes  as  to,  see 
CoNSTiTUTiONAi.  Law,  §  156. 

Income  tax  on  sales  of  property.  L.R.A. 
1917E,  566. 

Determining  income  from  timlier  lands. 
L.R.A.1917E,  573. 

Income  tax  on  dividends  declared  after  but 
paid  from  earnings  accrued  before  act 
went  into  effect.     L.R.A.1917F,   814. 

On  commission  on  renewal  premiums  on  in- 
surance.    L.R.A.1918A,  501. 

Provision  of  contract  for  payment  without 
deduction  for  taxes  as  applicable  to  in- 
come tax.    L.R.A.1917F,  205. 

VIII.  Stock  transfer  tax. 

§    107.  Generally. 

Validity  of  statute  imposing  special  tax  on 

transfer  of  corporate   stock.     8  L.R.A. 

(N.S.)   314. 
Liability  to  pay  transfer  tax,  in  respect  of 

stock  in  domestic  corporation  belonging 

to    estate    of    nonresident.      19    L.R.A. 

(N.S.)     887;     25     L.R.A.(N.S.)      384  j 

L.R.A.1917F,  270. 
What  constitutes  a  transfer  of  stock  within 

statutes    taxing    stock    transfers.      46' 

L.RA.{N.S.)  585. 


TAX  FERRET. 


Authority  of  countv  to  emplov.     4  L.R.A. 
(N.S.)    339;   38  L.R.A.(N.S.)    261. 


■♦*» 


TAXICABS. 

See  At7tomobii£8  ;  Hacks  and  Taxicabs. 
♦-•-♦ 

TAXING  DISTRICT. 

See  Taxes,  §  3. 


TAX   LIST. 


Failure  to  file,  see  Taxes,  §  52. 


INDEX  TO  L.R.A.  NOTES. 


1289 


TAX  OFFICERS. 


See  Taxes,  §§  60,  61. 


TAXPAYER. 


Right    to   enjoin    unlawful    expenditure   by 

municipality,  see  Injunction,  §  61a. 
As  plaintiff  in  action,  see  Parties,  §  20. 

Right  of  taxpayer  to  contest  will.  L.R.A. 
1918A,  476. 

Necessity  that  grand  juror  be.  28  L.R.A. 
108. 

■Constitutionality  of  statute  requiring  ju- 
rors to  be  taxpayers.  32  L.R.A.  (N.S.) 
414. 

night  to  inspect  public  records  relating  to 
public  contracts.     41  L.R.A. (N.S.)  280. 

Decree  in  taxpayer's  suit  restraining  dis- 
trict from  performing  contract  as  bind- 
ing on  contractor.  37  L.R.A. (N.S.) 
383. 

nemoval  for  separable  controversy  of  action 
by.     5  L.R.A.(N.S.)   90. 

Right  of,  over  proceedings  for  procuring 
water  supply  for  municipality.  61 
L.R.A.  75. 

Judgment  in  a  suit  by  one  taxpayer  as  res 
judicata  in  a  suit  by  another.  49 
L.R.A.  (N.S.)    108. 

EflFect  of  interest  of  taxpayer  to  disqualify 
him  to  serve  as  commissioner  or  juror 
in  eminent  domain  proceedings.  ,  47 
L.R.A.(N.S.)    160. 


TEAM— cont'd 

Purpose  for  which  team  is  used  as  affecting 
exemption.    3  L.R.A. (N.S.)   693. 


TEAMING." 


Forbidding  or  restricting  teaming  on  cer- 
tain public  ways.  51  L.R.A.  (N.S.) 
1203. 


TEAMSTERS. 

See  Cabtmen  and  Teamstees. 


TECHNICAL  BOOKS. 


Use   of,    by   counsel    in 
L.R.A.1918D,   81. 


arguing   to   jury. 


■♦•» 


TAX    TITLE. 

See  Taxes,  §  81a. 

# «  » 


TEA. 

Misrepresentation  as  to,  as  aflfecting  validi- 
ty of  trademark.     19  L.R.A.  64. 

Use  of  coloring  matter  in,  as  adulteration. 
25  L.R.A.(N.S.)   1234. 

♦-•-♦ 


TEACHERS. 

See  Schools,  §§  12-22. 


TEACHERS'  TRAINING  SCHOOI/. 

Statutory  power  of  local  authority  to  main- 
tain teachers'  training  department  in 
school.     62  L.R.A. (N.S.)    163. 


TEAM. 

Lien  for  use  of.  see  Cabtmen  and  Teaic- 

STERS,   §   2. 

■Consult  also  L.R.A.  Digests  of  Cases. 


TECHNICAL  WORDS. 

Necessity  for,  in  exception  and  reservation 
of  easements.     20  L.R.A.  633. 


TELEGRAMS. 


See  Telegeaphs,  §§  9-24. 


TELEGRAPH  OPERATOR. 

As  fellow  sei'vant  of  trainmen,  see  Masteb 
and  Servant,  §  149. 


TELEGRAPHS. 


J.  Rights;    franchises;    construction f 
control,   §§   1-7. 
JI.  Taxation,    §    8. 
III.  Messages,    §§   9-24:. 

a.  In  general,   §§9,  10. 
h.  Duty   and   liability  with  re- 
spect to,  §§   11-24. 

1.  In  general,  §§  11-16. 

2.  To  whom  liable,  §§  11, 

18. 

8.  Sufficiency  of  notice  of 
contents,   §    19. 

4.  Stipulations  and  condi- 
tions; limitation  of  lia- 
bility, §§  20,  21. 

6.  Penalties,    §    22.. 

e.  As  libel,  §§  23,  24. 

Liability   for   personal   injuries,   see  Elbc* 

TBICITY,   §§   10-18. 


1290 


INDEX  TO  L.R.A.  NOTES. 


TELEGRAPHS— cont'd 

/.  Rights;      franchises;      construction: 
control. 

§   1.  Generally. 

Measure  of  compensation  for  taking  land  for 
right  of  way  for,  see  Damages,  §  86. 

Matters  as  to  electric  wires  and  poles,  gen- 
erally, see  Electricity. 

Ab  additional  burden  on  highway,  see  Emi- 
nent Domain,  §  56. 

Telegraph  wires  in  streets,  see  Highways, 
§  24. 

Valuation  of  property  of,  see  Public  Serv- 
ice Cobporations,  §  5. 

Estimating  return  of  company,  see  Public 
Service  Corporations,  §  6. 

Liability  for  personal  injury  caused  by  dis- 
trict messenger.     L.R.A.1918D,  360. 

Doctrine  of  attractive  nuisance  as  applied 
to  telegraph  polos.     L.R.A.1015D,   168. 

Duty  of  railroad  company  to  install  in  its 
station.     47  L.r..A.(N.S.)    974. 

Statutes  prohibiting  interference  with  tele- 
graph lines.     50  L.R.A.(N.S.)    1216. 

Right  to  carry  wires  across  railroad. 
L.R.A.1915B,  823. 

Discrimination  by  carrier  as  to  telegraph 
companies.     12  L.R.A.(N.S.)    507. 

Taking  of  property  for  telegraph  line  as  a 
public  purpose.     22  L.R.A.(X.S.)    136. 

Measure  of  damages  for  rigiit  of  way  for 
telegraph   line.     26   L.R.A.(N.S.)     189. 

Delay  in  applying  for  injunction  against 
maintenance  of,  in  highwav.  8  L.R.A. 
(N.S.)  1091. 

Liability  of  user  of  electricity  for  interfer- 
ence with  the  business  or  injury  to  the 
property  of  another  resulting  from  in- 
duction or  from  use  of  earth  as  a  re 
turn  electric  circuit.     2  B.  R.  C.  129. 

§  2.  Along  railroad  right  of  way. 

Telegraph  line  along  railroad  right  of  way; 
nature  of  property  in  poles  and  wires. 
66  L.R.A.  56. 

Condemnation  of  right  of  way  for  telegraph 
along   railroad.     42   L.R.A.(N.S.)    225. 

Right  to  use  railroad  right  of  way  for  pur- 
poses of,  as  against  owner  of  fee.  36 
L.R.A.(N.S.)    519. 

Power  to  authorize  construction  of  tele- 
graph or  telephone  line  along  railroad 
right  of  way  without  compensation  to 
railroad  company.  29  L.R.A. (N.S.)  703. 

Measure  of  damages  for  condemning  right 
of  way  on  railroad  right  of  way. 
L.R.A.1916E,  582. 

§   3.  Construction. 

Injury  to  trees  in  construction  of  line,  see 
Highways,  §  42. 

Employer's  liability  for  negligence  of  inde- 
pendent contractor  in  construction  of 
line.     65  L.R.A.  847. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  construction  of 
line.     65  L.R.A.  648. 


TELEGRAPHS,  I.— cont'd 
§   4.  Foreign  companies. 

Right  of  foreign  telegraph  companj'  to  enter 

state.     24  L.R.A.  311. 
Right  of  foreign  telegraph  company  to  own. 

property  in  state.    24  L.R.A.  327. 

§   5.  Control;   regulation. 

Regulation    of   ratos.   Hie   infra,   §   7. 

State  regulation  as  interference  with  com- 
merce, see  Commerce,  §  11. 

License  of,  see  Licex.se,  §  41. 

Municipal  control  over,  see  Municipal  Cor- 
porations, §  49. 

Requiring  connection  or  joint  use  of  prop- 
erties of  telegraph  companies  as  a  tak- 
ing for  which  compensation  must  be 
made.  50  L.R.A.  (N.S.)  652;  L.R.A. 
1916E,  759;  L.R.A.1917E,  1083. 

§   6.  Compulsory   service  by. 

Compulsory  service  in  case  of.  15  L.R.A» 
322. 

§   7.  Rates. 

Valuation  of  property  for  purpose  of  fixing 
rates,  see  Pxtblic  Service  Corpora- 
tions, §  5. 

Estimating  return  of  company  for  rate- 
making  purposes,  see  Public  Service 
Corporations,  §  6. 

Legislative  regulation  of  rates  of.  33  L.R.A. 
181. 

Business  of,  affected  with  a  public  interest. 
Subjecting  them  to  regulation  and  con- 
trol as  to  rates  and  prices.  6  L.R.A. 
(N.S.)    835. 

Right  to  reduce  rates  fixed  bv  franchise  or 
charter.     L.R.A.1915C,  261. 

II.  Taxation. 

§   8.  Generally. 

Telegraph   line  as  real  estate  for  purposes- 

of  taxation.  "  15  L.R.A.  299. 
Taxation  of  telegraph  messages  as  affected 

by  commerce  clause.     60  L.R.A.  669. 
Excise  taxes  against  telegraph  companies  as 

affected  by  commerce  clause.    60  L.R.A. 

687. 
Taxation    of    franchise    of    company.      57 

L.R.A.  56. 
Taxation  of  receipts  of  telegraph  companies. 

57  L.R.A.   64. 
State  statutes  imposing  license  fees  on  tele- 
graph companies.     31  L.R.A.  808. 

III.  Messages, 
a.  In   general. 

§   9.  Generally. 

Transmission  of  messages,  as  interstate 
commerce,  see  Commerce,  §  11. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  11. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law%  §   158. 

Admissibilitv  in  evidence,  see  Evidence,  §.- 
138. 


Begin  with  this  hoolc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1291 


TELEGRAPHS,  III.  a— cont'd 
Pleadings  of  plaintifT  in  action  against  com- 
pany, see  Pleading,  §  17. 

Validity   of   notice   sent   by   telegraph.     61 

L.R.A.  933. 
Property   riglits   in   mai-ket   quotations   by. 

7  L.R.A.(N.S.)   889. 
Liability   for  failure   properly   to   transmit 

or  deliver  a  message  pertaining  to  the 

negotiation  for,  or  offer  of,  a  contract. 

42   L.R.A.  (N.S.)    419. 
Mandamus    to   compel   delivery    of    market 

quotations  to  bucket  shop  by.    3  L.R.A. 

(N.S.)  153. 
Telegrams  given  by  telephone.     56  L.R.A. 

745. 
Routing  of  telegram.     50  L.R.A. (N.S.)  94. 

§   10.  Contracts  by  niealis  of. 

Telegram  as  preliminary  step  in  negotiation 
of  contract.    4  L.R.A. (N.S.)    177. 

Telegrams  as  writings  to  make  contract 
within  statute  of  frauds.  50  L.R.A. 
240. 

Time  and  place  of  consummation  of  con- 
tract when  offer  by  letter  is  accepted  by 
telegram,  or  vice  versa.  6  L.R.A. (N.S.) 
1016;  L.R.A.1916A,  1302. 


b.  Duty  and  liability  with,  respect  to. 

1.  In  general. 

%   11.  Generally. 

Measure  of  damages  for  default  or  mistake 
in  messages,  see  Damages,  §§  41,  102, 
103,  117. 

Law  governing  liability,  see  Conflict  of 
Laws,  §  11. 

As  to  routing  of  telegram.  50  L.R.A. (N.S.) 
94. 

Duty  of  company  to  ascertain  identity  or 
authority  of  sender  of  message.  4 
L.R.A.(N.S.)    181. 

Right  to  refuse  telegraph  message  because 
of  its  character.     17  L.R.A. (N.S.)   836. 

Duty  and  liability  for  conduct  of  messengers 
furnished.     2  L.R.A. (N.S.)   1091. 

Liability  for  personal  injury  caused  by  dis- 
trict messenger.     L.R.A.1918D,    360. 

Liability  of  telegraph  company  for  delay 
in  transmitting  or  delivering  message, 
due  to  strike  of  its  employees.  22 
L.R.A.  (N.S.)  1214. 

Criminal  liability  for  agent's  failure  to 
transmit  telegram.     41  L.R.A.  660. 

Duty  of  tolegraph  company  to  deliver  mes- 
'sage  by  telephone.  29  L.R.A. (N.S.) 
836. 

Sufficiency  of  general  allegations  of  negli- 
gence.    59  L.R.A.  247. 

Federal  courts  following  state  decisions  as 
to.     40  L.R.A.(N.S.)   414. 

Negligence  of  telegraph  company  causing 
discontinuance  of  contract,  terminable 
at  pleasure  of  other  party  thereto,  as  a 
ground  of  liability.  29'  L.R.A. (N.S.) 
891. 

Ccusiilt  also  L.R.A.  Digests  of  Cases. 


TELEGRAPHS,  III.  b,  1— cont'd 

Contingency  of  possible  action  of  sendee,  or 
of  some  third  person,  as  affecting  lia- 
bility for  failure  properly  to  transmit 
and  deliver  a  telegram.  12  L.R.A. 
(N.S.)   748. 

Limits  for  delivery  of  telegrams.  34  L.R.A. 
431. 

Liability  of  telegraph  company  for  disclos- 
ing contents  of  message.  L.R.A. 
.    1915C,  487. 

§  12.  Telegrams  not  written  on  com- 
pany's blanks. 

Telegrams   on  blanks   of   another   company. 

56  L.R.A.  741;  L.R.A.1917F,  848. 
Written  on   blank  paper.     56  L.R.A.   742; 

L.R.A.1917F,   849. 
Telegrams  given  by  teleplione  or  orally.     56 

L.R.A.  745;  L.R.A.1917F,  849. 

§  13.  Liability  of  company  sending 
message  to  office  after  closing 
hour. 

In    general.     53     L.R.A.     732;     24    L.R.A. 

(N.S.)    1286. 
Nature  of  subject.    53  L.R.A.  732. 
Rules  as  to  office  hours;  reasonableness.    53 

L.R.A.  732. 
Notice  to  patrons.    53  L.R.A.  733. 
Special  contracts  as  to  delivery.    53  L.R.A. 

734. 
Damages.     53  L.R.A.  738. 
The  rule  under  statutes  imposing  penalty 

for  delay.     53  L.R.A.  738. 

§14.  Duty  to  notify  sender  of  non- 
delivery. 

Duty  of  telegraph  company  to  notify  sender 
of  message  if  it  cannot  be  promptly 
transmitted  or  delivered.  67  L.R.A. 
153;  16  L.R.A.{N.S.)  870. 

§   15.  Duty  to  find  addressee. 

Duty  of  telegraph  company  to  find  person 

addressed.     15  L.R.A.  129. 
Telegraph  company's  duty  as  to  discovering 
unknown  sendee.     22  L.R.A.  (N.S.) 
761. 
Duty  to  inform  sender  of  telegram  that  ter- 
minal    office     is     closed.       24     L.R.A. 
(N.S.)    1283. 

§16.  Liability  for  transmission  or 
delivery  of  forged  message. 

Liability  of  company  when  its  agent  is  de- 
ceived. 65  L.R.A.  806;  L.R.A.lOloA, 
121. 

Liability  of  company  when  its  agent  perpe- 
trates the  fraud.  65  LTR.A.  807;  L.R.A. 
1915A,  123. 

2.  To  whom,  liable. 

§   17.  Generally. 

Who  may  maintain  action  for  damages  for 
mental  anguish  in  telegraph  case.  49 
L.R.A.  (N.S.)   275,  277. 

Liability  of  telegraph  company  to  undis- 
closed principal  of  sender.  24  L.R.A. 
(N.S.)   1045;  4  L.R.A.(N.S.)   678. 


1292 


INDEX  TO  L.R.A.  NOTES. 


TELEGRAPHS,  III.  b,  2— cont'd 
Right  of  person  not  mentioned  in  the  tele- 
gram  and   whose   interest   is   not   com- 
municated  to   the  company   to   recover 
for    mental    anguish.      8    L.R.A. (N.S.) 
249;   19  L.R.A.(N.S.)  475. 
Right  of  sender  or  addressee  to  recover  from 
telegraph  company  damages  result- 
ing from   latter   acting   upon   mes- 
sage changed  during  transmission. 
51    L.R.A.  ( N.S. ;    439. 
Liability   of   telegraph    company    to    undis- 
closed   principal    of   sendee.      4   L.R.A. 
(N.S.)   678;  24  L.R.A. (N.S.)   1045, 

§    18.  Addressee. 

The  right  of  addressee  of  telegram  to  sue 
for  delay  in  delivery.  30  L.R.A. 
(N.S.)    1116. 

Right  of  addressee  of  telegram  to  sue  for 
damages  for  mental  anguish  resulting 
from  negligence  in  delivery  of  tele- 
gram.    49  L.R.A.  (N.S.)   275. 

Right  of  addressee  to  recover  from  tele- 
graph company  damages  resulting  from 
latter's  acting  on  message  changed 
during  transmission.  51  L.R.A. (N.S.) 
442. 

3.  Sufficiency  of  notice  of  contents. 

%    19.  Generally. 

When  telegraph  company  charged  with  no- 
tice  of    importance   of   commercial 
message.     41   L.R.A.  (N.S.)    1188.. 
Necessity  and  sufficiency  of  notice  to  tele- 
graph  company   that  negligence   in   re- 
spect to  the  telegram  might  cause  men- 
tal anguisli.     49  L.R.A. (N.S.)    308. 
Duty  with  respect  to  cipher  and  unintelli- 
gible  telegrams.     43   L.R.A.  (N.S.) 
502. 

4.  Stipulations  and  conditions;  limita- 
tion of  liability. 

§   20.  Generally. 

Contracts  restricting  liability  of  telegraph 
company  as  to  message  sent  after  clos- 
ing hours.     53  L.R.A.  736. 

Validity  of  limitation  of  liability  of  tele- 
graph companv  for  unrepeated  mes- 
sages. 11  L.R.A.(N.S.)  561;  30  L.R.A. 
(N.S.)   409;  L.R.A.1915B,  685. 

Applicability  of  stipulation  as  to  repeating 
messages  to  failure  or  delay  in  trans- 
mission or  delivery.  28  L.R.A. (N.S.) 
566. 

Effect  of  stipulations  requiring  notice  of 
loss  to  be  given  in  specified  time  in  ac- 
tion to  recover  damages  for  mental 
anguish  caused  by  negligence  in  trans- 
mission of  message.  49  L.R.A. (N.S.) 
265. 

§   21.  Presentation  of  claim. 

Right  to  compute  minimum  statutory  pe- 
riod for  presentation  of  claims  from 
date  of  filing  message.  34  L.R.A.  (N.S.) 
185. 

lierjin  ^Hth  this  booTc.  on  every  law  question. 


TELEGRAPHS,  III.  b— cont'd 

5.  Penalties, 

§   22.  Generally. 

See  Penalties,  §  7. 

6.  As    libel. 


§   2  3.  Liability   of   company. 

Liability  of  a  telegraph  company  for  han- 
dling libelous  message.  9  L.R.A. (N.S.) 
140;   37  L.R.A.(N.S.)    861. 

§24.  liiability   of   sender. 

Privilege  of  communications  to  telegraph 
companies.     35  L.R.A.  (N.S.)  586. 

Transmission  of  libelous  matter  by  postcard 
or  telegraph  as  publication.  1  B.  R.  C. 
464. 


TELEPHONES. 


/.  Iti  general,   §§   1,  2. 
II.  Construction  of  line;  right  of  way 
for,   §  3. 
III.  Control   and  regulation  of,    §§   4- 

9. 
IV.  Messages,   §10. 

I.  In  general. 

§    1.  Generally. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  158. 

Matters  as  to  electric  wires  and  poles  gen- 
erally, see  Electricity. 

Liability  for  personal  injuries,  see  Elec- 
tricity, §§  10-18. 

Unlawful  combination  of  telephone  compa- 
nies, see  Monopoly  and  Combinations, 
§  10. 

Valuation  of  property  of,  see  Public  Serv- 
ice Corporations,  §  5. 

Estimating  return  of  comi)any,  see  Public 
Service  Corporations,  §  6. 

As  to  matters  in  relation  to  public  service 
corporations  generally,  see  Public  Serv- 
ice Corporations. 

Service  of  writ  or  process  by  telephone. 
L.R.A.inifjD.  427. 

Mutual  telephone  companies  as  public  util- 
ities.    L.R.A.1918C,  827. 

Right  of  telephone  company  to  challenge 
powers  or  privileges  of  rival.  L.R.A. 
1916B,  1087. 

Statutes  prohibiting  interference  with  tele- 
phone lines.     50   L.R.A. (N.S.)    1216. 

Duty  of  telephone  companies  to  make  phys- 
'ical   connection.     43   L.R.A.  (N.S.)    550. 

Duty  of  railroad  companv  to  install  in  its 
station.    47  L.R.A. (N.S.)   974. 

Discrimination  by  carrier  as  to  telephone 
companies.     12  L.R.A.(N.S.)    507. 

Liability  for  personal  injurv  to  one  using 
a  telephone.    36  L.R.A. (N.S.)  279. 

Conveyance  of  real  property  as  carrying 
right  to  telephone  service.  42  L.R.A. 
(N.S.)    1021. 


INDEX  TO  L.R.A.  NOTES. 


1293 


TELEPHONES,  I.— cont'd 

§   2.  Contract   for  exclusive  service. 

Validity  of  contract  for  exclusive  right  to 
furnish  telephone  service.  32  L.R.A. 
(N.S.)   494. 

Validity  of  contracts  between  telephone 
eompanies  for  exclusive  connection.  30 
L.R.A.(N.S.)  324;  45  L.R.A.  (N.S.)  465. 


//.  Construction   of  line;  right  of  way 
for. 

§   3.  Generally. 

Measure  of  compensation  for  taking  land 
for  right  of  way  for,  see  Damages,  §  86. 

As  additional  burden  on  highway,  see  Emi- 
nent Domain,  §  56. 

Teleplione  wires  in  streets,  see  Highways, 
§   24. 

Injury  to  trees  in  construction  of  line,  see 
Highways,  §  42. 

Right  to  carry  wires  across  railroad,  L.R.A. 
1915B,  823. 

Condemnation  of  right  of  way  for  telephone 
line  along  railroad  right  of  way.  42 
L.R.A.(N.S.)   225. 

Right  to  use  railroad  right  of  way  for  pur- 
pose of,  as  against  owner  of  fee.  36 
L.R.A. (N.S.)    519. 

Power  to  authorize  construction  of  telephone 
line  along  railroad  right  of  way  with- 
out compensation  to  railroad  company. 
29  L.R.A. (N.S.)   703. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  construction  of 
line.    65  L.R.A.  648. 


III.  Control  and  regulation   of. 

§   4.  Generally. 

Regulations  of,  as  interference  with  com- 
merce, see  Commerce,  §  11. 

License  of,  see  License,  §  41. 

As  to  public  regulation  of  public  service 
corporations  generally,  see  Public 
Service  Corporations. 

Power  of  state  to  control  or  impose  burdens 
upon  interstate  telephone  company.  24 
L.R.A.   161. 

Requiring  connection  or  joint  use  of  prop- 
erties of  telephone  companies  as  a  tak- 
ing for  which  compensation  must  be 
m."de.  50  L.R.A. (N.S.)  652:  L.R.A. 
1916E,   759;   L.R.A.1917E,   1083. 

§   5.  Rates;  charges. 

Valuation  of  property  for  purpose  of  fixing 
rates,  see  Public  Service  Corpora- 
tions, §  5. 

Estimating  return  of  company  for  rate-mak- 
ing purposes,  see  Public  Service  Cor- 
porations,  §  6. 

Legislative     regulation     of     rates     of.       33 

L.R.A.  181. 
State  statutes  regulating  rates.     31  L.R.A. 

807. 
Consult  also  L.R.A.  Digests  of  Cases. 


TELEPHONES,  III.— cont'd 

Power  of  judiciary  to  fix  rates  to  be  charged 
by  telephone  company.  8  L.R.A.(N.S.) 
529. 

Power  of  municipality  apart  from  contract 
to  regulate  rates  to  be  charged  by  tele- 
phone company.  33  L.R.A.  (N.S.)  759; 
43  L.R.A. (N.S.)   994. 

Business  of,  affected  with  a  public  interest 
subjecting  them  to  regulation  and  con- 
trol as  to  rates  and  prices.  6  L.R.A. 
(N.S.)    835. 

Allowance  for  depreciation  in  plant  in  fix- 
ing rates.     38   L.R.A. (N.S.)    1209. 

Right  to  raise  rates  of  public  service  corpo- 
ration fixed  by  franchise.  L.R.A. 
1915C,  287. 

Right  to  reduce  rates  fixed  by  franchise  or 
charter.     L.R.A.1915C,  261. 

Effect  of  contract  with  patron  to  preclude 
regulation  of  rates.     L.R.A.1915C,  282. 

Incorporation  of  territory  into  munici- 
pality as  affecting  existing  contract  as 
to  telephone  rates  in  tliat'  territory. 
L.R.A.1916A,  1071. 

Right  of  telephone  company  to  require  pa- 
tron to  pay  for  installing  or  transfer- 
ring instruments.  30  L.R.A.  (N.S.) 
1088.  j 

£ 

§   6.  —  discrimination  as  to. 

By  requiring  pavment  of  rental  in  ad- 
vance.   31  L.R.A. (N.S.)  315. 

Right  of  telephone  company  to  discriminate 
as  to  rates.     36  L.R.A.(N.S.)    561. 

Giving  of  free  service  or  reduced  rates  to 
governmental  agencies,  cities,  scliools, 
charities,  etc.,  as  an  unlawful  discrim- 
ination.   L.R.A.1918D,  904. 

§  7.  —  prepayment  or  prompt  pay- 
ment of. 

Right  to  refuse  telephone  service  to  coerce 
payment  of  bill.    30  L.R.A.(N.S.)  1027. 

Reasonableness  of  regulation*  requiring  pay- 
ment of  rentals  in  advance.  19  L.R.A. 
(N.S.)    693;   31  L.R.A. (N.S.)    319. 

Discrimination  by  telephone  company  by 
requiring  payment  of  rental  in  advance. 
31  L.R.A. (N.S.)    315. 

Right   of   telephone   company   to   exact   se- 
curity of  consumer  or  require  payment, 
of  rentals  in  advance.    31  L.R.A.(N.S.) 
319. 

§   8.  Compulsory  service  by. 

Withdrawal  of  service,  see  infra,  §  9» 

Compulsory   service   in  case  of.     15  L.R.A. 

321. 
State  statutes   regulating  telephone   prices 

and    requiring  service   on   equal   terms 

to   all.     31   L.R.A.    807. 

§   9.  Withdrawal  of  service. 

Right  to  withdraw  telephone  service  because 

of  abuse  of  privilege.     23  L.R.A. (N.S.) 

1010. 
Right  to  refuse  telephone  service  to  compel 

payment  of  bill.    30  L.R.A. (N.S.)  1027. 
Measure    of    damages   for    removal    of.      39 

L.R.A. (N.S.)    651.       ' 


1294 


INDEX  TO  L.R.A.  NOTES. 


TELEPHONES— cont'd 

IV.  Messages. 

§   10.  Generally. 

Evidence  of  conversations  by  telephone,  see 
Evidence,  §  240. 

Telegrams  given  by  telephone.  56  L.R.A. 
745. 

Validity  of  acknowledgment  taken  over  tele- 
phone.    30  L.R.A.  (N.S.)   358. 

Duty  of  telegraph  company  to  deliver  mes- 
sage by  telephone.  29  L.R.A.(N.S.) 
836. 

Right  of  addressee  to  recover  damages  for 
failure  to  summon  him  to  receive  a 
long-distance  telephone  message.  15 
L.R.A.(X.S,)    810. 

Validity  of  presentment  of  bill  or  note  by 
telephone.     34   L.R.A.(N.S.)    417. 

Use  of  subscriber's  telephone  by  nonsub> 
scriber.    45  L.R.A.(N.S.)  990. 

Reasonableness  of  rule  of  telephone  com- 
pany requiring  subscriber  to  pay  for 
all  long-distance  messages  originating 
from  his  telephone.     L.R.A. 1915E,  323. 

Liability  of  telephone  company  for  failure 
to  make  connections  for  subscriber.  21 
L.R.A.(N.S.)  115;  28  L.R.A.  (N.S.) 
554;  39  L.R.A.  (N.S.)  402;  L.R.A. 
1915C,  450. 


TELLTALES. 


On    overhead    railroad     bridges    or    other 
structures.     47  L.R.A. (N.S.)   486. 


TEMPERANCE  MEETING. 

Temperance  meeting  as  a  meeting  within 
purview  of  offense  of  disturbing  meet- 
ings.    30  L.R.A.(N.S.)    831. 


TEMPERATURE. 


Duty  of  carrier  as  to  temperature  of  car, 
see  Cabbiebs,  §  42. 

Right  of  witness  to  express  opinion  as  to. 

L.R.A.1918A,   707. 
Validity  of  regulation  as  to  temperature  at 

which     milk     shall     be     transported. 

L.R.A.1917C,  253. 

♦  >» 


TEMPORARY  ADMINISTRATOR. 

Effect    of    appointnent    of,    on    running    of 
limitations.     38   L.R.A.(N.S.)    824. 


TEMPORARY  CHANGE. 

Of  conditions  of  insured  property,  see  Ix- 

SUBANCE,  §§  84-89. 
Of  occupation  by  insured,  effect,  see  Insub- 

ANCE,  §   95.' 


TEMPORARY  DAMAGES. 

Abutter's  right  to  temporary  damages  for 
railroad    in    street.      36    L.R.A.  (N.S.) 

782. 


♦  •» 


TEMPORARY   INJUNCTION. 

See  Injunctiox,  §  80. 
# » » 

TEMPORARY  INSANITY. 

Presumption  of  continuance  of.     35  L.R.A. 
119. 


TEMPORARY  MARRIAGE. 

Conflict  of  laws  as  to  validity  of.    57  L.R.A. 
159. 


TEMPORARY    OCCUPATION. 

Extent  of  recovery  in  condemnation  proceed- 
ings for.    26  L.R.A.  753. 


TEMPORARY  SUBMERGENCE. 

Title  to  islands  temporarilv  submerged.    35 
L.R.A.(N.S.)  230. 


TEMPORARY   ALIMONY. 

See  DivoBCE  and  Separation,  §§  39,  40. 

♦-»♦ 

TEMPORARY   ABSENCE. 

Effect  of  temporary  absence  of  insured  prop- 
ertv  from  location  stated  in  policy.  22 
L.R.A. (N.S.)    848. 

Begin  uHth  this  hook,  on  every  law  question. 


TEMPORARY    WEAKNESS. 

As   proof   of   testamentarv    incapacitv.     27 
L.R.A.(N.S.)    94;   L.R.A.1916A,  463. 


TENANCY. 


See  Landlobd  and  Tenant. 


INDEX  TO  L.E.A.  NOTES. 


1295 


TENANCY  BY  ENTIRETY. 

€ee  Husband  and  Wibe,  §  27. 
♦-•-♦^ 


TENANCY   IN    COMMON. 

See  Cotenancy. 

. #  • » 

TENANTS. 

In  general,  see  Landlord  and  Tenant. 
Life  tenant,  see  Life  Tenants. 
•Cotenants,  see  Cotenancy. 
Tenant  by  the  entirety,  see  Husband  and 
Wife,  §  27. 


TENANTS  IN  COMMON. 
See  Cotenancy. 


TENDER. 

§    1.  Generally. 

Of  goods  sold,  see  Sale,  §  14. 
Of  tax,  see  Taxes,  §§  64,  65. 

Of  purchase  money  by  partner.  28  L.R.A. 
105. 

Of  tax  or  redemption  money  prevented  bv 
officer.     20  L.R.A.  489. 

Of  fees  to  witnesses.     39  L.R.A.  121. 

Of  property  to  buyer  who  is  in  default  in 
fixing  date  for  delivery  and  is  not  pres- 
ent at  the  agreed  place.  2  L.R.A.  ( N.S.  )^ 
529. 

To  pledgee  before  action  for  conversion 
against  him.     43  L.R.A.  759. 

§   2.  Necessity   for. 

As  condition  precedent  to  bringing  of  suit, 
see  Action  ok  Suit,  §  11. 

As  condition  of  specific  performance,  see 
Specific  Performance,  §  3. 

As  condition  of  maintaining  trover,  see 
Tboveb,  §  8. 

Of  deed  as  prerequisite  to  action  for  pur- 
chase money  of  land,  see  Vendor  and 
Purchaser,  §  13. 

Necessity  for  tender  of  performance  by  pur- 
chaser to  entitle  real  estate  broker  to 
commissions.     43  L.R.A.  604. 

Necessity  of  tender  of  performance' by  ven- 
dor to  entitle  him  to  retain  purchase 
money  on  default  by  vendee.  L.R.A. 
1918B,  557. 

Necessity  of  tender  of  payment  to  discharge 
lien  of  automobile  for  repairs  or  stor- 
age.    L.R.A.1918D,   336. 

Necessity  of  tender  by  seller  in  order  to  re- 
cover purchase  price  where  purchaser 
wrongfully  repudiates  his  contract.  51 
L.R.A.  (N.S.)   740. 

<3onsult  also  L.B.A.  Digests  of  Cases. 


TENDER— cont'd 

Of  freight  charges  as  condition  of  trover 
against  carriers.    21  L.R.A.  117. 

When  tender  of  freight  money  not  condition 
of  conversion  by  carrier's  refusal  to  sur- 
render goods.     6  L.R.A. (N.S.)   1058. 

Effect  of  unauthorized  sale  or  disposal  of 
pledge  by  pledgee  to  dispense  with  ten. 
der  as  a  condition  of  trover  against 
him.  6  L.R.A.(N.S.)  298;  24  L.R.A. 
(N.S.)   511. 

Of  consideration  paid  for  release  of  claim 
for  personal  injuries  as  a  condition  of 
setting  the  same  aside  on  a  ground  of 
fraud.  35  L.R.A.(N.S.)  660;  L.R.A. 
1918F,  1073. 

Of  share  of  expense  as  condition  of  right  to 
share  in  benefit  of  cotenant's  purchase 
of  outstanding  interest.  10  L.R.A. 
(N.S.)    8G3. 

Tender  or  payment  of  consideration  as  a 
condition  precedent  to  a  suit  for  the 
specific  performance  of  a  contract  to 
convey  realty  consummated  by  the 
vendee's  exercise  of  an  option.  24 
L.R.A.(N.S.)    91. 

Of  amount  due  as  condition  of  injunction 
against  sale  under  power  in  mortgage 
on  the  ground  of  overstatement  of 
amount  due.     35  L.R.A. (N.S.)    909. 

Of  balance  as  a  condition  of  injunction  in 
aid  of  equitable  set-off  of  claim  against 
a  judgment  of  a  larger  amount.  35 
L.R.A.(N.S.)   144. 

Of  deed  or  abstract  of  title  as  condition  of 
enforcing  forfeiture  for  failure  of  ven- 
dee to  pay  last  instalment  of  purchase 
money.     28  L.R.A. (N.S.)   956. 

§   3.  Sufficiency  of. 

Sufficiency  of  tender  of  fare  to  prevent  ejec- 
tion of  passenger,  see  Carriers,  §  33. 

To  divest  lien  of  mortgage.     33  L.R.A.  231. 
Necessity  that  tender,  as  a  condition  of  re- 
scission for  breach  of  warranty,  shall 
cover  all  the  property  sold.     8  L.R.A. 
(N.S.)  727. 
Sufficiency    of    tender    of    fare    to    prevent 

ejection.     31  L.R.A.  (N.S.)   991. 
Sufficiency  of  tender  of  payment  to  prevent 
acceleration  of  maturity  of  entire  debt. 
47  L.R.A.(N.S.)   980. 
Place  and  requisites  of  tender  of  interest 
which  will  prevent  acceleration  of 
"  maturity  of  mortgage  under  inter- 
est clause.    36  L.R.A. (N.S.)  308. 

§  4.  — defective  money. 

Condition   of  money  tendered  as  fare,  see 

Carriers,  §  19. 
Sufficiency  of  coin  tendered,  see  Coin,  §  2. 

Of  old,  worn,  or  mutilated  coin.  33  L.R.A. 
824.' 

Character  and  condition  of  coin  and  cur- 
rency that  may  be  tendered  in  payment 
of  fare.     35  L.R.A.(N.S.)   1030. 

ft  5.  ^>»  check* 

Tender  by  check.    36  L.R.A.(N.S.)   232. 


1296 


INDEX  TO  L.R.A.  NOTES. 


TENDER— <5ont'd 

§   6.  — excessive  amount  with  demand 

for  change. 
Of  amount  in  excess  of  fare,  see  Cabbiebs, 

§  20. 

Tender  of  a  sum  in  excess  of  that  due  with 
demand  for  change.  13  L.R.A.{N.S.) 
624. 

§   7.  Keeping  tender  good. 

Right  to  withdraw  money  paid  into  court 
after   tender.     5  L.R.A.(N.S.)    561. 

§   8.  Effect. 

Effect  of  tender  of  taxes  or  redemption 
money.     20  L.R.A.  491. 

Effect  of  tender  by  vendee  of  purchase  price 
before  due,  to  put  other  party  in  de- 
fault.    20  L.R.A.(N.S.)    338. 

Effect  of  tender  by  velndee  of  real  property 
after  default  on  his  right  to  recover 
payments  made.     L.R.A.1918B,  551. 

Effect  of  tender  on  deposit  of  money  on 
right  to  interest  on  damages  allowed  in 
eminent   domain.     28  L.R.A.(N.S.)    63. 

Effect  of  tender  by  defendant  upon  his 
right  to  avail  himself  of  defenses  or 
counterclaims.      21    L.R.A.  (N.S.)     354. 

Tender  of  debt  due  from  estate  as  affecting 
creditor's  right  to  letters  of  adminis- 
tration.   45  L.R.A.(N.S.)  237. 

Right  of  public  service  corporation  to  dis- 
continue service  after  tender  of  amount 
due.     L.R.A.1917C,  376. 

§  9.  Of  amount  due  on  mortgage  or 
pledge. 

Effect  of  unaccepted  tender  on  lien  of  chat- 
tel mortgage,  see  Chattel  Mobtgaqe, 
§  31. 

Effect  of  an  accepted  tender  of  amount  due 
on  mortgage,  see  Mobtgage,  §  57. 

Effect  of  unaccepted  tender  on  lien  of 
pledge.     33  L.R.A.  231. 

Who  may  make  a  tender  which  will  dis- 
charge the  lien  of  a  mortgage.  L.R.A. 
1918C,  186. 


TENEMENT  HOUSES. 

In  general,  see  Bum)lNG8. 

Constitutionality  of  statutory  regulations 
as  to  safety  and  sanitary  conditions  of. 
37  L.R.A.(N.S.)    486. 

Constitutionality  of  laws  prohibiting  carry- 
ing on  of  employments  or  occupations 
upon  certain  premises.  44  L.R.A. 
(N.S.)  46. 

Validity  of  statute  or  ordinance  requiring 
the  lighting  of.     L.R.A.1918D,  688. 

Tenement  house  as  violation  of  restrictive 
covenants.  45  L.R.A.(N.S,)  726; 
L.R.A.1918C,  873. 


TENURE. 

Of  office,   see   Municipal  Cobpobations,   § 
116;  Officebs,  §  36, 


TERM. 

Of  court,  see  Cottbts,  §  46. 
Of  tenant,  see  Landlobd  and  Tenant,  §  23^ 
Of  office,   see  Municipal   Cobpobations,   § 
116;  Officebs,  §  16. 

Of  contract  to  supply  city  with  water.     61 
L.R.A.  69. 


TERMINAL. 


Railroad  terminal  as  nuisance.  32  L.R.A, 
(N.S.)   374. 

Presumption  of  statutory  authority  of  rail- 
road to  commit  nuisance  by  maintain- 
ing.    70  L.R.A.  589. 

Delegation  by  legislature  to  railroad  com- 
mission of  power  as  to  entrance  into 
terminals.     32   L.R.A. (N.S.)    654. 

Right  of  carrier  having  line  haul  to  make 
extra  charge  for  switching  or  spotting 
cars  at  terminals  or  sidetracks.  L.R.A. 
1918A,  164. 


TERMINAL  RAILWAY  COMPANY, 

As  a  common  carrier.     L.R.A.1918B,  683. 

Exercise  of  power  of  eminent  domain  by. 
10  L.R.A. (N.S.)  909. 

Is  terminal  railway  company,  in  moving 
interstate  traffic,  within  Federal  safety 
appliance  act.     22  L.R.A. (N.S.)    582. 


TERMINATION. 


Begin  with  this  booTc  on  every  late  question. 


Of  attachment,  see  Attachment,  §  18. 

Of   relation    of   carrier   and    passenger,   see 

Cabbiebs,  §  9. 
Of  contract  generally,  see  Contbacts,  §  146. 
Of  carrier's  liability,  see  Cabbiebs,  §  118. 
Of  appointment  of  personal  representative, 

see  Executobs    and    Administbatobs, 

§§  3-7. 
Of  franchise,  see  Fbanchises,  §  5. 
Of  insurance,  see  Insubance,  §§  104,  105. 
Of  prosecution,  giving  right  to  bring  action 

for     malicious     prosecution,     see     Ma- 
licious Pbosecution. 
Of  agency,  see  Pbincipal  and  Agent,  §§  6, 

7. 
Of  lease,  see  Landlobd  and  Tenant,  III.  d. 
Of  contract  of  employment,  see  Masteb  and 

Servant,  II.  i. 
Of  agency,  see  Pbincipal  and  Agent,  §§  6, 

7. 
Of  contract  of  sale,  see  Sale,  §  3. 
Of  trust,  see  Tbusts,  III. 

Of  franchise  for  toll  bridge.  30  L.R.A. 
(N.S.)    364. 

Of  liability  of  members  of  mutual  fire  in- 
surance companies.     32  L.R.A.  492. 


INDEX  TO  L.R.A.  NOTES. 


1297 


TERRACING. 

Mechanic's  lien  for.     L.R.A.1917D,  353. 

♦-•-♦ 

TERRITORIAL    COURTS. 

See  Courts,  §§  35,  35a. 


TERRITORIAI/  LIMITS. 

Jurisdiction  as  affected  by,  see  Courts,  IV. 

Territorial  extent  of  lien  of  execution.  45 
L.R.A.(N.S.)    267. 

Investments  by  trustees  in  foreign  jurisdic- 
tions.   45  L.R.A.(N.S.)  411. 


TERRITORIES. 


Adoption  of  common  law  in.    22  L.R.A.  506. 

Right  of  territories  to  tax  shares  of  stock 
in  national  bank,  45  L.R.A.  762. 

Right  of  Congress  to  prohibit  or  delegate 
power  to  prohibit  sales  of  intoxicating 
liquors  in.     15  L.R.A.  (N.S.)    922. 


TEST. 

Implied  warranty  in  addition  to  stipulated 
test.     L.R.A.1915B,  1131. 

Particular  test  of  milk  prescribed  by  police 
regulations.     1  L.R.A. (N.S.)   926. 

Right  to  regulate  time  of  payment  as  inci- 
dent to  autliority  to  make  rules  and 
regulations  as  to  testing  food.  39 
L.R.A. (N.S.)    686. 


TESTAMENTARY  CAPACITY. 

See  Wills,  III.  e. 


^•» 


TESTAMENTARY  CHARACTER. 

Of  will,  see  Wills,  §  7. 

♦-•-• 

TESTAMENTARY  GUARDIAN. 

Effect   of   invalid   attempt  to   appoint. 
L.R.A.(N.S.)    446. 


45 


TESTAMENTARY   LIBEL. 

Law  as  to.     49  L.R.A. (N.S.)   897. 


TESTAMENTARY   TRUSTEES. 

See  Trusts,  IV. 

'    ♦-»♦ 


TESTIMONY. 


See  Evidence. 


TEST    OATH. 


As  qualification  of  right  to  vote.    25  L.II.A. 
483. 


TEXAS    CATTLE. 


Validity  and  construction  of  statutory  regu- 
lations as  to  diseased  cattle.  26  L.R.A. 
638;   43  L.R.A.(N.S.)    1066. 

Liability  of  carrier  for  loss  of  livestock  by 
Texas  fever.    26  L.R.A. (N.S.)  712. 


#•» 


TEXT-BOOKS. 

See  Schools,  §  36. 

♦-»♦ 


TEXTILE    FABRICS. 

SufBciency   of    delivery    of    on    sale   out   of 
larger  l6t.     26  L.R.A.  ( N.S. ).  42. 


THEATERS. 


In  general,  see  Amusements. 
As  to  moving  picture   shows,  see   Moving 
Pictures. 


^•» 


THEATRICAL  AGENT. 

Authority    of,   to   contract   for    services   of 
other  persons.     L.R.A.1918F,  69. 


THEFT. 

In  general,  see  Larceny. 

Insurance  against,  see  Insubaxce,  XI. 


THEORY. 

Trial  under  erroneous  theory  as  to  crime 
charged,  as  former  jeopardy.  24  L.R.A. 
(N.S.)    481. 


THEORY  OF  CASE. 

Necessity  of,  in  pleading,  see  Pleading,  § 
16a. 


Consult  also  L.R.A.  Digests  of  Cases.    82 


1298 


INDEX  TO  L.R.A.  NOTES. 


THERAPY. 

Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A.(N.S.) 
762;  24  L.R.A.(N.S.)  103:  2.t  L.R.A. 
(N.S.)    1297;   L.R.A.1917C,  822. 


THIEF. 


See  Labceny. 


THINGS. 


Construction  of  word,  "things"  as  used  in 
devise  or  legacy.    L.R.A.1918A,  222. 


^•» 


THIRD   DEGREE. 

See  Evidence,  §  209. 

«-•-» 

THIRD   PERSON. 

Delivery  of  deed  to,  see  Deeds,  §  8;  Es- 
crow. 

Pending  of  suit  by,  as  suspending  the  run- 
ning of  the  statute  of  limitations.  62 
L.R.A.{N.S.)    1165. 


THIRD   RAIL. 


Liability  of  electric  railway  for  injury  to 
trespasser  or  licensee  from  exposed 
third  rail.    28  L.R.A.(N.S.)  98. 


THREATS. 


THREATS— cont'd 

Contracts  procured  by  threats  of  prosecution 
of  relative.  26  L.R.A.  48;  37  L.R.A. 
(N.S.)    539;    L.R.A.1935D,   1118. 

Eflfect  of  duress  bv,  to  avoid  marriage.  43 
L.R.A.  815. 

Threat  of  prosecution  as  force  sufficient  to 
constitute  robberv.  46  L.R.A. (N.S.) 
1153;  L.R.A.1918E,  938. 

To  charge  person  with  crime,  as  construct- 
ive force  for  purposes  of  robbery.  57 
L.R.A.  439. 

Tlireat  of  imprisonment  by  public  officer  as 
duress.     L.R.A.191GB,   670. 

Liability  for  damages  to  landlord  for  driv- 
ing tenant  away  by  threats.  L.R.A. 
1918D,  393. 

§  2.  Effect  of,  on  liability  for  homi- 
cide. 

As   provocation    for    homicide.        4   L.R.A. 

(N.S.)  154. 
As   affecting  self-defense    in    homicide.     45 

L.R.A.  702. 
Effect  of,  on  degree  of  homicide  in  heat  of 

passion.     5  L.R.A.(N.S.)    820. 

♦*-♦ 


THREE-MILE  LIMIT. 

Jurisdiction  beyond.     46  L.R.A.  264. 
♦-•-♦ 

THRESHING    ENGINES. 

Liability  for  fires  set  by,  see  Fires,  §  7. 


THRESHING    MACHINE. 

Validity  of  chattel  mortgage  of  future 
earnings  of.     20  L.R.A. (N.S.)   505. 

Recovery  under  Workmen's  Compensation 
Act  for  injurv  to  employee  operating. 
L.R.A.1918F,  202. 


§   1.  Generally. 

Validity  of  contract  procured  by  threat  of 
prosecution,  see  Contracts,  §  91. 

Evidence  of,  see  Evidence,  §  239. 

Obtaining  property  or  money  by,  see  Ex- 
TOBTION,  §  2. 

Carrier's  liability  for  threats  by  employees 

to  passengers.     14  L.R.A.  739. 
Liability    for   wrongfully   threatening   pajs- 

senger    with    expulsion.      L.R.A.1918D, 

876. 
Voluntariness    of    payment    of    license    fee 

under  threats   oi  judicial  proceedings. 

22  L.R.A.(N.S.)    875. 
Forcing  one  to  do  an  act  under  threat  to 

kill,  as  assault  with  intent  to  kill.     39 

L.R.A.(N.S.)    143. 
Voluntariness  of  confession  induced  by.     18 

L.R.A.(N.S.)      833;     50     L.R.A.  (N.S.) 

1077. 
Begin  with  this  TiooTc  on  every  law  question. 


THROUGH   SHIPMENT. 

Duty  of  initial  or  first  contracting  carrier 
to  undertake.     31  L.R.A. (N.S.)    3. 


THROUGH   TICKETS. 


See  Caebiebs,  §  22. 


TICKER. 

Property  rights  in   market    quotations 
7  L.R.A.(N.S.)    889. 


by. 


TICKET  AGENTS. 


Confining  sale  of  tickets  to,  see  Carriers, 
§§  21,  148. 


INDEX  TO  L.R.A.  NOTES. 


1299 


TICKET  AGENTS— cont'd 

Service  of  process  on  railroad  or  steam- 
ship company  by  delivery  to.  LR.A. 
1916F,  453. 


TICKET  BROKERS. 

■See  Cabbiers,  §§  21,  148. 


TICKET   OFFICE. 


Dutv  of  carrier  to  keep  ticket  office  open, 
'l  L.E.A.(N.S.)    851. 


TICKETS. 


See  also  Amusements,  §  4;  Carriers,  §§ 
16-29;  Constitutional  Law,  §  141. 

When  vacancy  in  party  ticket  occurs  within 
statute  authorizing  filling  of  vacancies. 
41  L.R.A.{N.S.)   1088. 


TIDAL   WATERS. 

Land  under,  see  Tide  Land. 

IS'avigability  of.     42  L.R.A.  303.  \ 

lioundarv   of   municipality   on.      23   L.II.A. 

523." 
Effect  of  boundins;  grant  on.    42  L.R.A.  462. 


TIDE  LAND. 


§   1.  Generally. 

Rights  in,  see  Waters,  §§  14,  15. 

Acquisition    of,    by    eminent    domain.      66 

L.R.A.  897. 
Location    of    mining  claim  on.     7  L.R.A. 

(N.S.)   790. 

§   2.  Title  to. 

Of   municipality,   see   MUNICIPAL   COBPOBA- 
tions,  §  71. 

Title  to.     42  L.R.A.  162. 
Title  to  land  at  high  and  low  water  marks. 
45  L.R.A.  227. 

§   3.  Grant  of. 

Right  of  state  to  grant.     22  L.R.A.(N.S.) 

337. 
Right  of  state  to  grant  tide  land  so  as  to 

destroy  wharfage  right  of  shore  owner. 

63  L.R.A.  264. 
Grant    of,    to    municipal    corporation.      3 

L.R.A.(N.S.)    822. 
Federal   grant  of    lands    under    navigable 

water    in    territory.     1     L.R.A.(N.S.) 

745. 
How  far  within  protection  of  covenants  in 

deed.     62  L.R.A.  763. 
•Consult  also  L.R.A.  Digests  of  Cases. 


TIE   VOTE. 


Decision  of,  see  Elections,  §  16. 


TIGER. 

Liability  for  injury  by.     52  L.R.A.(N.S.) 
378. 


TIMBER. 

§   1.  Generally. 

Measure  of  damages  for  wrongful  cutting 
or  destruction  of,  see  Damages,  §  75. 

Rights  of  life  tenant  as  to,  see  Life  Ten- 
ants, §  5. 

See  also  Logs  and  Logging;  Lumber; 
Trees. 

Determining  income  from"  timber  lands  for 

purpose  of  income  tax.     L.R.A.1917E, 

573. 
Organization  of  timber  lands  into  munici- 
pal corporation.    L.R.A.1918B,  1090. 
Title    to,    when     wrongfully     severed.       32 

L.R.A.  422. 
Jurisdiction    of    action    for    conversion    of, 

from  land  in  another  state  or  country. 

26  L.R.A.{N.S.)    940;   34  L.R.A. (N.S.) 

994. 
Interest  of  one  other  than  owner  of  soil  in 

timber  as  separate  subject  of  taxation. 

17  L.R.A.(N.S.)    693. 
Timber  rights  of  life    tenant.     37    L.R.A. 

(N.S.)    763. 
Liability  of  one  setting  fire  to  timber  caus- 
ing spread  to  property  of  others.     21 

L.R.A.  262. 
Right  as  between  owner  of  land  and  owner 

of  timber  thereon  to  annual  product  of 

the  trees.     L.R.A.1915E,  307. 
Title  and  right  to  stranded  timber.        43 

L.R.A.(N.S.)    460. 
Right  to  timber  on  railroad  right  of  way 

as  between  company  and  fee  owner.    45 

L.R.A.(N.S,)  801. 
Jurisdiction    of    action    for    conversion    of 

from  land  in  another  state  or  country. 

44  L.R.A.(N.S.)   268. 
Specific   performance   of    timber    contracts. 

L.R.A.1918E,  621. 

§2.  Conveyance  of  title  to  standing 
timber  without  title  to  land. 

Oral  contract  .for  sale  of  timber,  see  Con- 
tracts, §  43. 

In  general.     55  L.R.A.  513. 

Nature  of  purchaser's  estate;  effect  to  pass 

title.      66  .L.R.A.    514;    6    L.R.A. 

(N.S.)    469;  47  L.R.A. (N.S.)    870. 

As    realty    or    personalty.      13    L.R.A. 

(N.S.)   278. 

Incidental  rights  of  purchaser.     55  L.R.A. 

517. 
Prerequisites  to  passing  of  title;  selection  of 

trees.    55  L.R.A.  519. 
Selection  or  designation  of  part  sold  out  of 

a  larger  lot.    26  L.R.A. (N.S.)  37. 
Payment  of  purchase  price.     55  L.R.A.  520. 


1300 


INDEX  TO  L.R.A.  XOTES. 


TIMBER— cont'd 

For  what  purpose  timber  may  be  used.  55 
L.R.A,  525. 

Eflfect  of  purchaser's  knowledge  of  third 
person's  timber  rights  in  action  for 
breach  of  covenant  against  encum- 
brances.    4  L.R.A,  (N.S.)   319. 

§  3.  — what  timber  Included  In  con- 
veyance. 

In  general.     55  L.R,A.  522. 

Siz6  of  timber,  generally.     55  L.R.A.  523. 

Mode  of  determining  size.    55  L.R.A.  523. 

Time  of  determining  size  and  suitability. 
55  L.R.A.  524. 

§  4.  — time  for  removal  generally; 
forfeiture  of  rights. 

Rights  under  conveyance  or  reservation  of 
timber  not  specifying  time  for  re- 
moval.   3  B.  R.  C.  873. 

Must  timber  sold  or  reserved  without  speci- 
fying time  be  removed  within  rea- 
sonable time.  46  L.R.A.  (N.S,) 
672. 

Effect  of  expiration  of  time  for  removal  of 
timber.    47  L,R,A.(N.S.)   882. 

When  title  to  timber  is  in  vendee.  29 
L.R.A,  (N,S,)  547, 

§   5.  —  extension  of  time  to  remove. 

Construction  and  effect  of  provision  for  ex- 
tension of  time  for  removal  of  standing 
timber.     34  L.R.A.(N,S,)    615, 

Interference  by  owner  of  soil  with  removal 
of  timber  during  term  fixed  by  lease  or 
sale  as  extending  time  for  removal.  34 
L.R,A.(N.S.)   120. 

§   6.  Right  to  cut. 

Custom  as  to  cutting,  see  Custom  and 
Usage,  §§  5,  6. 

Injunction  against  trespass  to  cut,  see  In- 
junction, §  23. 

Tenant's  right  to  cut,  see  Landlobd  and 
Tenant,  §  54. 

Cutting  of  trees,  see  Trees,  §  2. 

On  public  land,  see  Public  Lands,  §  3. 

Injunction  against  trespass  to  cut.  L.R.A. 
1917C,  236. 

Right  of  tenant  to  cut  wood  for  fires  or 
fences.     68  L.R.A,  641. 

Constitutionality  of  legislation  restricting 
or  regulating  the  right  to  cut  timber 
on  private  land.     19  L.R.A.  (N.S.)   422. 

Right  of  owner  or  lessee  of  mineral  in  place 
to  cut  timber  upon  the  surface  of  the 
land.     48   L,R,A,(N.S.)    892. 

Responsibility  of  one  who  assumes  to  sell 
land  or  the  timber  thereon  for  tres- 
pass by  another  claiming  under  or 
through  him  in  cutting  the  timber. 
L.R.A.1918D,  220. 

§  7,  liiability  for  acts  of  independent 
contractors  as  to. 

Liability  for  torts  of  independent  con- 
tractor in  cutting.  16  L.R.A.  (N.S.) 
255. 

Employer's  nonliability  for  torts  of  inde- 
pendent contractor  in  hauling  of,  65 
L.R,A,   654. 


TI^NIBER— cont'd 

Persons  undertaking  operations  connected 
with  handling  of,  as  independent  con- 
tractors. 65  L.R.A.  469;  17  L.R.A. 
(N.S.)    375. 


TIMBER  CULTURE  ACTS. 

Right  to  cut  timber  on  public  lands  under. 
70  L.R.A.  904. 


Begin  ttHth  this  hook  on  every  laiv  question 


TIME. 

I.  In  general,  §§  1-12. 
II.  Standard  or  solar  time,  §  13. 

III.  Fractions  of  day;  month,    §§    14:,. 

15. 

IV.  Computation  of  time,  §§   16-19. 

I.  In  general. 

§    1.  Generally. 

Of  accrual  of  cause  of  action,  see  Action  ok 
Suit,  §  7. 

For  taking  appeal,  see  Appeal  and  Error, 
IV.  e. 

Of  filing  or  recording  chattel  mortgage,  see 
Chattel  Mortgage,  §   19. 

For  presenting  check  for  pavment,  see 
Checks,  §  11. 

To  present  claim  generally,  see  Claims,  §  2. 

To  present  claim  against  decedent's  estate, 
see  Executors  and  Administrators, 
§§  40,  41. 

Condition  for  construction  of  railroad  with- 
in specified  time,  see  Conditions,  §  9. 

Date,  see  Date. 

For  voting,  see  Elections,  §  13. 

For  eminent  domain  proceedings,  see  Emi- 
nent Domain,   §  28. 

Judicial  notice  as  to,  see  Evidence,  §  13. 

Presumption  as  to  time  of  alteration  of  in- 
strument,  see  Evidence,   §   91a. 

Extension  of,  see  Extension,  §  2. 

Allegations  ae  to  time,  in  indictment,  see 
Indictment,  etc,  §  5, 

During  which  sale  of  liquor  is  prohibited, 
see  Intoxicating  Liquors,  §§  24,  25, 

Of  judicial  sale,  see  Judicial  Sale,  §§  3,  4, 

Time  within  which  suit  must  be  com- 
menced, see  Limitation  of  Actions. 

Statutory  regulation  as  to  time  of  payment 
of  wages,  see  Master  and  Servant, 
§  31. 

To  file  mechanics'  lien,  see  Mechanics'" 
Liens,  §§  28,  29. 

Of  redemption  from  foreclosure  sale,  see 
Mortgage,  §  90. 

Of  notice,  see  Notice,  §  11. 

Of  payment,  see  Payment,  §   17. 

For  recording  instrument,  see  Records  ani> 
Recording  Laws,  §  23. 

Of  suing  for  purchase  money  of  goods  sold, 
see  Sale,  §  46, 

As  affecting  right  to  specific  performance, 
see  Specific  Performance,  §  2. 

Of  passage  and  taking  effect  of  act,  see 
Statutes,  §  7. 


INDEX  TO  L.R.A.  NOTES. 


1301 


TIME,  I.— cont'd 

For   assessment  of  property,   see  Taxes,  § 

55. 
As  of  what  time  property  valued  for  taxa- 
tion purposes,  see  Taxes,  §  58. 
Tor  redemption   from  tax  sale,  see  Taxes, 

§  84. 
At  wiiicli  testamentary  capacity  exists,  see 

Wills,  §   13. 
For  determination  of  persons  taking  under 

will,   see   Wills,   §   97. 
To     wliicli     contingency     is     referable,     see 

Wills,  §  100. 
Of  vesting  of  remainder,  see  Wills,  §  102, 
At  what  time  equitable  conversion  occurs, 

see  Wills,  §  118. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  708. 

As  to  what  time  question  of  dependency 
witliin  meaning  of  Workmen's  Compen- 
sation Statutes  must  be  determined. 
L.R.A.1918F,  492. 

Of  wliat  time  rights  are  to  be  determined  in 
estimating  compensation  to  be  paid 
public  utility  companv  upon  taking  its 
plant.     47  L.R.A.(N.S.)    790. 

Time  as  of  which  valuation  of  public  service 
property  is  to  be  made.  L.R.A.1916F, 
663. 

Time  as  of  which  valuation  of  decedent's 
estate  is  to  be  taken  for  assignment  of 
share  of  surviving  spouse.  3  B.  R.  C. 
973. 

Tor  ascertaining  value  of  land  for  purpose 
of  assigning  dower.     3  B.  R.  C.  951. 

Of  filing  petition  for  initiative  or  referen- 
dum.    L.R.A.1917B,   34. 

Of  affixing  revenue  stamp  to  instrument. 
48   L.R.A.   315. 

Of  making  entries  in  books  of  account  as 
affecting  their  admissibility  in  evi- 
dence.    52   L.R.A.   583. 

Of  inspection  of  corporate  books.  45  L.R.A. 
450. 

Time  allowed  tenant  for  removal  of  crop. 
35  L.R.A.(N.S,)    707. 

X.apse  of,  as  curing  defect  in  title.  38 
L.R.A.(N.S.)    36. 

For  repair  of  defects  in  street  car  track. 
52   L.R.A.   456. 

As  of  what  time  conversion  takes  place 
under  direction  to  sell  real  property 
which  postpones  sale  to  definitely  as- 
certainable time  subsequent  to  testa- 
tor's death.     20  L.R.A. (N.S.)    65. 

For  determining  eligibility  of  officer.  23 
L.R.A.(N.S.)  1228;  41  L.R.A.(N.S.) 
1119. 

Is  competency  of  attesting  witness  to  a 
will  to  be  determined  as  of  time  of  at- 
testation or  of  probate.  35  L.R.A. 
(N.S.)    086. 

For  making  arrest  as  affecting  officer's  lia- 
bility.    51    L.R.A.   214. 

As  of  what  time  assessed  valuation  is  to  be 
taken  for  purpose  of  determining  the 
debt  limit  of  a  state  or  municipality. 
28  L.R.A.(N.S.)    149. 

Time  to  which  bad  character  or  reputation 
of  plaintiff  in  libel  or  slander  has  ref- 
erence for  purpose  of  mitigating  dam- 
ages.     38    I,.R.A.{N.S.)    1184. 

Consult  also  L.R.A.  Digests  of  Cases. 


TIME,  I.— cont'd 

Of  statements  made  some  time  after  acci- 
dent as  affecting  admissibility  as  res 
gestcc.     42  L.R.A.  921. 

Of  offer  of  marriage  as  affecting  defense  to 
prosecution  for  seduction.  29  L.R.A 
(N.S.)   422. 

Time  at  which  a  partial  payment  by  check 
or  draft  arrests  running  of  limita- 
tions.    1  B.  R.  C.  494. 

Presumption  as  to  time  of  alteration  in 
written  instrument.  39  L.R.A.  (N.S.) 
100. 

Presumption  as  to  receipt  of  communica- 
tion sent  through  mail  in  due  course 
of  mail.    49  L.R.A. (N.S.)  465. 

Time  as  of  which  residence  is  fixed  in  de- 
termining what  is  nonresidence  for  the 
purpose  of  debtor's  exemption.  L.R.A. 
1915A,  424. 

Necessity  of  and  time  for  acceptance  of 
resignation  bv  employee  of  a  private 
employer.     L.R.A.1915D,  477. 

Necessity  and  sufficiency  of  allegation  or 
proof  as  to  time  of  injury  to  persons 
or  property  on  railroad  track.  L.R.A. 
1915A,  781. 

Time  covered  by  recognizance  or  bail  bond 
in  criminal  case.    L.R.A.1916F,  363. 

Allowing  reasonable  time  to  purchaser  at 
judicial  sale  to  examine  title,  52  L.R.A. 
(N.S.)   751. 

Power  of  judge  pro  tern  on  rendition  of 
judgment  to  allow  time  for  preparing 
or  filing  bill  of  exceptions  or  case 
made.      42   L.R.A. (N.S.)    623. 

Proximate  cause  of  damage  from  fire,  as 
affected  by.    42  L.R.A. (N.S.)   759, 

Variance  between  allegation  and  proof  as 
to  time  in  action  against  railroad  com- 
panv for  setting  out  fires.  41  L,R.A. 
(N.S.)    635, 

§   2.  Juridical  matters. 

Matters  as  to  judgments,  see  infra,  §  8. 

For  taking  appeal,  see  Appeal  and  Ereob, 
§§  14.  15. 

For  executing  appeal  bond,  see  Appeal  and 
Ebbob,  §  16. 

For  objections  and  exceptions,  see  Appeal 

I        AND  Ebbob,  §  24§i. 

Of.  issuing  execution,  see  Execution,  §§  5, 
6. 

Of  rendition  of  judgment,  see  Judgment, 
§§  17,  18. 

Of  serving  pleading,  see  Pleading,  §§  8,  9. 

Of  amendment  of  pleading,  see  Pleading,  § 
11. 

For  application  to  remove  action  to  Feder- 
al court,  see  Removal  of  Causes,  §  14. 

Limiting  time  of  counsel's  argument,  see 
Tbial,  §    17. 

Of  receiving  verdict,  see  Tbial,  §  77. 

Of  issuing  writ,  see  Wbit  and  Process,  § 
3. 

Of  service  of  process,  see  Writ  and  Proc- 
ess, §  10. 

Does  standard  or  solar  time  govern  legal 
proceedings.      6    L.R.A.    1046. 

Time  from  which  order  appointing  receiver 
becomes  operative.  15  L.R.A,  (N,S,) 
657. 


1302 


INDEX  TO  L.E.A.  XOTES. 


TIME,  I.— cont'd 

Effect    of    failure    to    file    referee's    report 

within   proper   time.     34   L.R.A.  (N.S.) 

581. 
Of  organization  of  grand  jury.     27  L.R.A. 

785. 
Of    raising    defense    of    former    jeopardy. 

L.R.A.1917A,  1233. 
For  making  admission   or   request  to  open 

and  close.     61  L.R.A.  534. 
Right  to  limit  time  of  argument  of  counsel 

for  accused.     25  L.R.A. (N.S.)   1027. 
For  giving  of  security  in  Federal  Supreme 

Court.     66  L.R.A.   858. 
For    correction    of    record    on    appeal.      31 

L.R.A.(N.S.)    209. 
For   making   application   for   mandamus  to 

compel  tiling  of  petition  for  referendum. 

50  L.R.A. (N.S.)  218. 
For  bringing  action  in  connection  with  in- 
itiative     and      referendum      election. 

L.R.A.1917B,  32. 
Time  of  discovery   of  evidence  as  affecting 

bill  of  review.     30  L.R.A.(N.S.)    1038. 

§   3.  Contractual  matters  generally. 

Certainty  as  to,  as  element  of  negotiability, 
see  Bills  and  Notes,  §  21. 

For  presentment  of  commercial  paper,  see 
Bills  and  Notes,   §   52. 

Of  maturity  of  negotiable  paper,  see  Bills 
AND  Notes,  §§  54-57. 

For  performance  of  contract,  see  Con- 
tracts, §§  63,  132. 

Limitation  as  to,  in  contract  in  restraint 
of  trade,  see  Contbacts,  §  108. 

Time  of  payment,  see  Payment,  §  17. 

Release  of  surety  by  extension  of  time,  see 
Principal  and  Surety,  §  15. 

Of  passing  of  title  to  personalty,  see  Sale, 
§§  2,  9-13. 

For  removal  of  timber  conveyed,  see  Tim- 
ber, §§  4,  5. 

For  assent  to  assignment  or  deed  of  trust 
for  creditors.     24  L.RA.   379,  384. 

For  assent  and  execution  of  release  pro- 
vided for  in  assignment  for  creditors. 
50   L.R.A.(N.S.)    744. 

Time  for  exercising  option  reserved  in  con- 
tract of  sale  to  return  or  resell  prop- 
erty.    50  L.R.A. (N.S.)    594. 

Time  of  consummation  of  contract  when 
offer  by  letter  is  accepted  by  tel^ram, 
or  vice  versa.     L.R.A.1916A,    1302. 

Of  resale  of  goods  on  purchaser's  refusal  to 
accept.     42  L.R.A.  (N.S.)    681,   683. 

Of  signing  as  surety  for  surety.  21  L.R.A. 
249. 

For  notice  of  default  to  bind  guarantor. 
20  L.R.A.  264. 

Limitation  as  to  time  in  grant  of  water 
power.     67  L.R.A.  397. 

Of  consummating  contract  when  offer  by 
letter  is  accepted  bv  telegram,  or  vice 
versa.    6  L.R.A. (N.S.)   1016. 

Time  for  delivery  of  goods  sold  to  be  de 


TIME,  I.— cont'd 

Effect  of  statute  of  frauds  upon  right  to  ex- 
tend by  parol  time  for  performance  of 
written  contract.     L.R.A.1917B,  171. 

§  4.  Insurance   matters. 

Of  payment  of  insurance  premium  or  as- 
sessment, see  Insurance,  §§  113,  114, 

Of  giving  proofs  or  notice  of  loss,  death, 
accident,  or  sickness,  see  Insurance,  § 
146. 

Of  demanding  paid-up  policy.  15  L.R.A. 
449;   51  L.R.A. (N.S.)    1044. 

From  what  time  does  notice  of  cancelation 
of  fire  insurance  become  effective.  39 
L.R.A.  (N.S.)    829. 

Time  within  which  demand  by  insurer  for 
arbitration,  appraisal,  inspection,  or  re- 
inspection  must  be  made.  L.R.A.1917A, 
1086. 

Of  notice  of  assignment  of  policy  to  credit- 
or.    50  L.R.A.  41. 

Of  examination  of  insured  under  provision, 
as  to  producing  books  and  papers.  51 
L.R.A.   706. 

Scope  of  release  under  policy  indemnify- 
ing insured  against  loss  of  time  by 
sickness  or  accident.  24  L.R.A. (N.S.)- 
211. 

Effect  of  provision  in  employer's  liability 
or  other  indemnity  policies,  requiring, 
immediate  notice  of  accident,  claim  or 
suit.     3  B.  R.  C.  723. 

Date  from  which  the  period  to  which  a  de- 
fense is  limited  in  life  insurance  policy 
is  to  be  computed.  L.R.A.1915F,  703; 
L.R.A.1917B,   105. 

§   5..  Matters  as  to  carriers. 

For  removal  of  goods  by  consignee,  see  Car- 
riers, §   ]18. 

Stipulation  as  to  time  of  giving  notice  to, 
or  commencing  suit  against,  carrier,, 
see  Carriers,  §  133. 

Time   allowed   for    passenger   to   alight.      4 

L.R.A.(N.S.)    140. 
Limitation  of  time  within  which  transporta^ 

tion  tickets  may  be  used.    L.R.A.1918A,. 

779. 
Time  limit  for  exercise  of  transit  privilege, 

L.R.A.1918A,  180. 
Validity  and  effect  of  provision  in  carrier'* 

contract    as    to    time    of    valuation    of 

property    for    purpose    of    determining 

amount  of  damages.     L.R.A.1918B,  720, 
Right    of    carrier    to    receive    in    afternoon, 

valuables  to  go  on  morning  train.     ]5 

L.R.A.(N.S.)    558. 
Right  of   street  railway  company  to   limit 

time    for    using    transfer.       8    L.R.A. 

(N.S.)    287;   52  L.R.A. (N.S.)    908. 
Of   notice  to   warrant   special   damages   for 

carrier's  failure  to  deliver  property.     3 

L.R.A.(N.S.)    1111. 
Extent  of  ticket  agent's   implied  authority 

as  to  time  of  arrival.     31  L.R.A. (N.S.) 


232. 
livered  in  reasonable  instalments,  or  in  {  Delegation  by   legislature  to  railroad   com- 
instalments  as   required  by  purchaser.  [  mission  of  power  as  to  time  of  trains. 

L.R.A.1918A,  609.  32   L.R.A. (N.S.)    653. 

Begin  tcith  tJiis  book,  on  every  law  q^iestion. 


INDEX  TO  L.R.A.  NOTES. 


1303 


TIME,  I.— cont'd 

§   6.  — reasonableness  of  time. 

Of  time  allowed  for  passengers  to  aliglit. 
4  L.R.A.(N.S.)   140. 

Of  time  for  termination,  of  passengers  re- 
lation after  reaching  destination.  2 
L.R.A.(N.S.)    875. 

Of  time  within  which  transportation  tickets 
may  be  used.    L.R,A.1918A,  780. 

Reasonableness  of  time  fixed  in  contract  of 
shipment  of  goods  or  live  stock  for 
bringing  action.     L.R.A.191GD,  350. 

Reasonableness  of  time  fixed  in  a  contract 
of  shipment  of  livestock  for  presenta- 
tion of  claim  for  damages.  7  L.R.A. 
(N.S.)   1041;  L.R.A.1916D,  341. 

What  is  a  reasonable  time  for  removal  of 
goods  by  consignee  after  which  liability 
of  carrier  as  such  terminates.  8 
L.R.A.(N.S.)  240;  16  L.R.A.  (N.S.) 
935;   25  L.R.A.  (N.S.)    938. 

Reasonableness  of  time  for  keeping  passen- 
ger station  open  before  arrival  Or  after 
departure  of  train.  1  L.R.A. (N.S.) 
851. 

§   7.  Accounts  stated. 

Time  necessarv  to  constitute  account  stat- 
ed.    27   L.R.A.  823. 

Time  within  which  objection  to  a  state- 
ment of  account  mav  be  made.  29 
L.R.A.  (N.S.)    341. 

Length  of  time  necessary  for  retaining 
statement"  of  account  to  render  it  an 
account  stated.  29  L.R.A.(N.S.)  342; 
L.R.A.1917C,  453. 

§  8.  Matters  as  to  judgments. 

Rule   of,   as   to  priority   of   judgment.     38 

L.R.A.   243. 
Of  attaching  of  lien  of  Federal  judgment. 

47   L.R.A.   478. 
Allowing  vendor  reasonable  time  to  perfect 

title  by  decree  for  specific  performance. 

30   L.R.A.(N.S.)    25. 

§   9.  Matters  as  to  mines. 

Of  recording  mining  location.  7  L.R.A. 
(N.S.)    878. 

Of  performance  of  requirements  for  loca- 
tion of  mining  claim.  7  L.R.A. (N.S.) 
885. 

Of  marking  location  of  mining  claim  on 
the  ground.     7   L.R.A. (N.S.)    857. 

§   10.  Loss  of,  as  element  of  damages. 

Time  lost,  as  element  of  damages  for  per- 
sonal injuries,  see  Damages,  §  61. 

Loss  of  time  as  element  of  damages  for  de- 
struction or  loss  of  use  of  implements 
or  tools  of  laborer  or  professional  man. 
25   L.R.A. (N.S.)    625. 

Loss  of  time  as  element  of  dsnnages  in  ac- 
tion against  telegraph  company.  62 
L.R.A.  (N.S.)  1180. 

§    11.  Of  death. 

When    homicide    deerted    to   be   committed. 

34  L.R.A.  851. 
Consult  also  L.R.A.  Digests  of  Cases. 


TIME,  I.— cont'd 

Instantaneous  death   as  test    of    right    of 

action  or  amouht  of  recovery.     L.R.A. 

iniOC,  973. 
Abridgement  of  time  necessary  to  raise  pre- 

simiption  of  death.     L.R.A.1915B,  744. 
Presumption   as   to   time   of    death    of   one 

presumed  to  be  dead  after  seven  years 

absence,  unheard  of.     26  L.R.A. (N.S.) 

294;  L.R.A.1915B,  756. 

'    ■         p. 
§   12.  Reasonableness  of. 
In  matters  relating  to  carriers,  see  supra,' 

§  6. 
Question  for  jury  as  to,  see  Trial,  §  24. 

Of  period  allowed  by  new  statute  of  limi- 
tations in  respect  of  existing  causes  of 
action.  7  L.R.A.(N.S.)  715;  21  L.R.A. 
(N.S.)    157. 

Of  time  of  retaining  statement  of  account 
as  question  for  court  or  jury.  29 
L.R.A.(N.S.)    341. 

Reasonableness  of  time  for  removal  of  tim- 
ber sold  or  reserved  without  specifying 
time.  55  L.R.A.  534;  46  L.R.A.(N.S.) 
681;  3  B.  R.  C.  895. 

Admissibility  of  extrinsic  evidence  as  to 
reasonableness  of  time  for  delivery  of 
goods  where  none  is  specified  in  writ- 
ten contract.     31  L.R.A.(N.S.)  620. 

Of  limitation  on  time  of  argument  of  coun- 
sel for  accused.    25  L.R.A.fN.S.)  1030. 

II.  Standard    or   solar   time. 

§   13.  Generally. 

Standard  or  solar  time  as  the  criterion  in 
determining  questions  dependent  upon 
time.     35   L.R.A. (N.S.)    Oil. 

Does  standard  or  solar  time  govern  legal 
proceedings.     6   L.R.A.  (N.S.)    1046. 

Intention  of  parties  to  contract  to  adopt 
standard  instead  of  sun  time.  1  L.R.A. 
(N.S.)    364. 

III.  Fractions  of  day;  month, 

§    14.  Fractions  of  day. 

Fractions  of  day  as  determining  prioritjes- 
or  precedence  of  rights.  1  L.R.A. 
(N.S.)    835. 

§   15.  Month. 

Meaning  of  "month."     12  L.R.A.  770.* 

IV.  Com,putation  of  tim,e. 

§   16.  Generally. 

Computation  of  legislative  davs.    17  L.RA.. 

66. 
For     instituting    proceedings    to    transfer 

cause  to  Federal   Supreme  Court.     66 

L.R.A.  848. 
Computation  of  period  of  abandonment  as 

affected  bv  insanitv  of  defendant.     36 

L.R.A.(N.S.)    1071.' 
Computation  of  time  of  receipt  of  communi- 
cation  sent  through   mail.      49  L.R.A, 

(N.S.)  466. 


1304 


INDEX  TO  L.R.A.  NOTES. 


TIME,  IV.— cont'd 

Date  from  which  the  period  to  which  a  de- 
fense is  limited  in    life    insurance 
policy   is  to  be  computed.     L.R.A. 
1915F,  703;  L.R.A.1917B,  105. 
Right  to  compute  minimum  statutory  peri- 
od  for   presentation   of   claims   against 
telegraph  company  from  date  of  filing 
message.     34  LJl.A.(N.S.)    185. 

§  17.  Rule  as  to  first  and  last  days 
in. 

General   rule  as  to  inclusion  or  exclusion. 

49    L.R.A.    193;    15   L.R.A.(N.S.)    686. 

Earlv  rule  as  to  which  day  is  counted.   49 

L.R.A.   194. 
The     modern     common-law     doctrine.       49 

L.R.A.   195. 
The  statutory  rule.     49  L.R.A.  198. 
Construction   and   particular  provisions   as 
to  time.     49  L.R.A.  199;  15  L.R.A. 
(N.S.)   686. 
The  rule  when  Sunday  or  a  holiday  is  the 
first  or  last  day.     49  L.R.A.  203; 
15    L.R.A.(N.S.)     687;     38    L.R.A. 
(N.  S.)   1162;  3  B.  R.  C.  678. 
Application  of  rules  with  reference  to  sub- 
ject-matter   and    surrounding    cir- 
cumstances.    49     L.R.A.    205;     15 
L.R.A.(N.S.)    688. 
To  statutes  of  limitations.     49  L.R.A. 
212;    15  L.R.A.(N.S.)    688:   38 
L.R.A.  (N.S.)   1160. 
Miscellaneous   provisions  for  time.     49 
L.R.A.  246;   15  L.R.A.{X.S.)   691. 

§   18.  — counting  or  excluding  holiday. 

Where  first  or  last  day  falls  on  holiday.  19 
L.R.A.  316;  49  L.R.A.  203;  15  L.R.A. 
(X.S.)    687. 

Computation  of  time  for  bringing  action 
when  first  or  last  day  falls  on.  38 
L.R.A.(N.S.)    1162. 

Computation  of  days  of  grace  allowed  for 
payment  of  insurance  premium  or  as- 
sessment where  date  of  payment  or  ex- 
piration of  such  period  falls  on  Sunday 
or  holiday.     23  L.R.A. (X.S.)  759. 

§   19.  — counting  or  excluding  Sunday. 

Rule  when  Sunday  is  first  or  last  dav.  49 
L.R.A.  203;  15  L.R.A. (N.S.)  687;  38 
L.R.A.(N.S.)    1162. 

Computation  of  time  for  bringing  action 
when  first  or  last  day  falls  on.  38 
L.R.A.(N.S.)    1162. 

Computation  of  days  of  grace  allowed  for 
payment  of  insurance  premium  or  as- 
sessment where  date  of  payment  or  ex- 
piration of  such  period  falls  on  Sunday. 
23L.R.A.(N.S.)  759. 


TIME  CLOCK. 


Right  of  master  to  withhold  wages  of  serv- 
ant for  failure  to  record  his  time.  45 
L.R.A. (X.S.)    644. 

Begin  ivith  this  book  on  every  law  question. 


TIME   TABLES. 

Eflfect  of  carrier's  limitation  of  liability  in, 
on  liability  for  default  or  delay  in  run- 
ning trains.     32  L.R.A.  544. 

Train  despatchers  representing  railroad 
company  as  to  special  order  suspending 
regular  time  tables.     54  L.R.A.  92. 

Riglit  of  one  about  to  cross  railroad  track, 
to  rely  on.     17  L.R.A. (N.S.)  1253. 


TIN  TOP. 


Judicial  notice  of  intoxicating  character  of. 
48   L.R.A. (X.S.)    316. 


TIPS. 

Servant's  right  as  to  tips  received  by  him. 
41  L.R.A.  (X.S.)    1217. 


TIRES. 

Validity  of  statute  or  ordinance  regulating 
width  of  tires  of  vehicles  in  city  streets. 
31  L.R.A.(N.S.)   685. 


^  >» 


TITHES. 

Of  bees.    40  L.R.A,  689. 


♦  •  » 


TITLE. 

§   1.  Generally. 

By  adverse  possession,  see  Adve:rse  Posses- 
siox. 

Abstract  of,  see  Abstracts. 

Bond  for,  see  Bond  fob  Title. 

Cloud  on,  see  Cloud  on  Title. 

Covenant  of  warranty  of.  see  Covexants, 
§§  13,  31-33. 

Title  acquired  in  eminent  domain,  see  Emi- 
nent Domain,  §§  24-26. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §§  104,  105. 

Evidence  as  to,  see  Evidence,  §  281. 

Of  purchaser  at  judicial  sale,  see  Judiclu. 
Sale,  §  14. 

Slander  of,  see  Libel  and  Slander,  §  31. 

Record  of,  see  Records  and  Recording 
Laws,  IV. 

Passing  of,  on  sale  of  personal  property,  see 
Sale,  §§  9-13. 

Warranty  of,  on  sale  of  personalty,  see  Sale, 
§  28'.        # 

Reservation  of,  on  sale  of  property,  see 
Sale,  §  15. 

Of  statute,  see  Statutes,  §§  13,  14. 

To  funds  collected  by  bank,  see  Banks,  §  32. 

Effect  of  easement  on  title  to  land,  see  Ease- 
ments, §§  4,  5. 


INDEX  TO  L.R.A.  NOTES. 


1305 


TITLE— cont'd 

Effect  of  fraudulent  conveyance  on  legal 
title,  see  Fbaldulext  CoN\rEYA>;cES, 
§  4. 

Transfer  of,  by  guaranty,  see  Guaranty, 
§  4. 

Acquisition  of,  by  tenant,  see  Landlord  and 
Tenant,  §  44. 

Notice  of,  from  possession  of  land,  see  No- 
tice, §  17. 

Tax  title,  see  Taxes,  §  81a. 

As  between  vendor  and  purchaser,  see 
Vendor  and  Purchaser,  §§  ]5-18. 

Specific  performance  of  contract  in  relation 
to  title  papers.     L.R.A.1918E,  627. 

Distinguished  from  estate.     15  L.R.A.  68. 

When  title  passes  in  eminent  domain  pro- 
ceedings.    16   L.R.A.  (N.S.)    537. 

Conclusiveness  of  judgment  or  order  in  con- 
demnation proceedings  as  a  settlement 
of  question  of  title  between  rival  claim- 
ants to  the  award.    L.R.A.1917A,  690. 

Effect  of  defendant's  mistake  of  fact  as  to, 
on  right  to  specific  performance  of  con- 
tract induced  by  the  mistake.  15 
L.R.A.(N.S.)  85. 

Eight  to  preliminary  injunction  which 
would  have  effect  of  transferring  pos- 
session of  property,  title  to  which  is  in 
dispute,  from  defendant  to  plaintiff.  39 
L.R.A. (N.S.)   31. 

Necessity  and  character  of  title  of  plaintiff 
to  sustain  action  of  trespass  quare 
clausum   f regit.     30   L.R.A. (N.S.)    243. 

Reservation  of,  in  bailments  for  sale  as 
against  creditors  of  bailor  and  bailee. 
22  L.R.A.  850. 

Transfer  of  title  to  note  by  indorsement  in 
form  of  guarantv.  41  L.R.A.(N.S.) 
1009;   L.R.A.1915C,  661. 

Right  to  inspect  account  books  of  public 
officers  as  to.     27  L.R.A.  82. 

What  entry  or  record  of  judgment  is  neces- 
sary for  purpose  of  vesting.  28  L.R.A. 
634. 

Want  of  legal  title  as  affecting  set-off 
against  assigned  judgment.  23  L.R.A. 
338. 

Statements  as  to,  as  a  fraud.  35  L.R.A. 
420,  438. 

Right  to  rely  on  representations  as  to.  37 
L.R.A.   603. 

Estoppel  of  one  who  permits  the  title  of 
real  property  to  stand  in  another's 
name  to  assert  title  as  against  the  lat- 
ter's  creditors.     46  L.R.A. (N.S.)    1097. 

Trial  of  title  to  property  in  proceedings  in- 
stituted by  search  Avarrant.  46  L.R.A. 
(N.S.)    970. 

Title  to  money  deposited  in  mail  or  with 
carrier.     L.R.A.1918A,  534. 

Yielding  to  adverse  claimant  as  affecting 
buyer's  right  to  assert  breach  of  war- 
ranty of  title  of  personal  property. 
L.R.A.1918B,   1138. 

Right  of  mortgagor  or  those  claiming 
through  or  under  him  to  set  up  out- 
standing title  or  to  acquire  outstanding 
title  to  defeat  the  mortgage.  L.R.A. 
1918B,  734. 

Constilt  also  L.R.A.  Digeata  of  Cases. 


TITLE— cont'd 

Denial  of,  upon  information  and  belief.  30 
L.R.A. (N.S.)   777. 

§   2.  To  what  property. 

To  crops,  see  Crops,  §  2. 

To  real  property  generally,  see  Deeds,  §§ 
28-31;  Real  Property,  §  3;  Vendor 
and  Purchaser,  §§  15-18;  Will,  §§ 
77-102. 

To  goods  consigned,  see  Factors,  §  2. 

To  highway,  see  Highways,  IV. 

To  land  on  discontinuance  of  highway,  see 
Highways,  §  112. 

Of  insured  property,  see  Insurance,  §§ 
66-73. 

To  property  of  religious  societies,  see  Re- 
ligious Societies,  §  3. 

To  tide  land,  see  Tide  Lands,  §  2. 

To  land  between  high  and  low  water  marks, 
see  Waters,  §  16. 

To  islands,  see  Waters,  §§  23,  44. 

To  islands.     35  L.R.A. (N.S.)  227. 

To  accretions  to  shore  lands.  58  L.R.A.  199. 

To  land  flowed  by  damming  back  water  of 
stream.     59  L.R.A.  852. 

Title  to  letters  patent  for  inventions  of  serv- 
ant.    2  L.R.A.(N.S.)  1173. 

Effect  on  title  to  real  property  of  appoint- 
ment of  foreign  receiver.     23  L.R.A.  57. 

Of  mortgagee  of  future  crops.  23  L.R.A, 
464. 

In  whom  legal  title  to  partnership  property 
vests.     27  L.R.A.  460. 

Of  one  taking  monev  from  thief  or  em- 
bezzler. 25  L.R.A.(N.S.)  631;  L.R.A. 
1917A,  707. 

Effect  of  contract  with  regard  to  standing 
timber  to  pass  title  to  the  same.  4T 
L.R.A.(N.S.)    870. 

Title  of  owner  to  material  employed  in  an 
improvement  made  by  him  in  a  street 
which  the  municipality  has  refused  to 
accept.     L.R.A.1915B,  187. 

To  escaped  inanimate  property.  43  L.R.A. 
(N.S.)    460. 

To  goods  which  purchaser  elects  to  return 
for  credit  pursuant  to  contract.  L.R.A. 
1916E,  1209. 


TITLE  BOND. 


See  Bond  fob  Title. 


TITLE   DEEDS. 


Equitable  mortgage  by  deposit  of.  19  L.Rji> 
(N.S.)  206. 


TOBACCO. 


Sufficiency  of  identity  of  part  of  larger  lot 
sold.     26  L.R.A. (N.S.)  32. 

Power  to  prohibit  or  restrict  use  of  to- 
bacco.   51  L.R.A. (N.S.)   562. 

Prohibition  or  regulation  of  the  manufac- 
ture, sale,  or  importation  of  tobacco. 
L.R.A.1918B,  988. 


130G 


INDEX  TO  L.R.A.  NOTES. 


TOBACCO— cont'd 

Effect  on  rights  of  innocent  persons  of  con- 
fiscation of  tobacco  under  internal 
revenue  laws.     L.R.A.191GE,  353. 

Ab  a  family  expense  or  necessary  within 
statute  rendering  wife  or  her  property 
liable  therefor.    L.R.A.1917F,  863. 


TOKEN  CURRENCY. 

Validity  of  contract  for,  in  violation  of  stat- 
ute.    12  L.R.A.(N.S.)  610. 


^»  » 


TOLIi  BRIDGES. 

4See  Bbidges,  §§  8-10. 

♦ « » 

TOIiliGATES. 

Character  of  occupancy  by  keepers  of.       4 
L.R.A.(N.S.)   717. 


TOIililNG. 

Of  limitations,  see  Limitation  of  Actions. 


TOLiLiROADS. 


§   1.  Generally. 

Toll  bridges,  see  Bridges,  §§  8-10. 
As  to  turnpikes,  see  Turnpikes. 

Exclusiveness  of  franchise  of  toll  road  or 
turnpike.    L.R.A.1917D,  339. 

Compensation  to  be  paid  proprietors  of, 
on  taking  toll  road  for  public  use.  47 
L.R.A.(N.S.)    795. 

Legislative  regulation  of  toll  roads.  33 
L.R.A.  180. 

Character  of  occupancy  of  toll  keeper.  4 
L.R.A.(N.S.)   717. 

Extension  of  city  limits  to  include  toll  road, 
as  taking  of  property  for  which  compen- 
sation must  be  made.  17  L.R.A.  (N.S.) 
1071. 

§  2.  Tolls. 

As  to  rates  charged  by  public  service 
corporations,  see  Rates,  §  2. 

Right  to  take  toll  on  road  within  a  city.  15 
L.R.A.  651. 

Right  to  take  toll  for  use  of  road  by  automo- 
bile.    L.R.A.1917E,  562. 

Necessity  of  franchise  for  taking  tolls.  37 
L.R.A.  715. 


TOLLS— cont'd 

Legislative  regulation  of.     33  L.R.A.  177. 

Delegation  of  municipal  power  as  to.       20 

L.R.A.  726. 
Inspection  of  public  toll  books.     27  L.R.A. 

82. 
Under  market  regulations.     24  L.R.A.  587. 

§   2.  Right  to   take  without   franchise. 

In  general.     37  L.R.A.  711. 

Mills.     37  L.R.A.  712. 

Ferries.     37  L.R.A.  712. 

Canals  or  other  water  ways.    37  L.R.A.  715. 

Toll  roads  and  bridges.    '37  L.R.A.  715. 

Fairs,  markets,  and  sales.    37  L.R.A.  718. 

Port  charges.     37  L.R.A.  718. 

§   3.  For  what. 

Without  franchise,  see  supra,  §  2. 

For  use  of  toll  bridge,  see  Bridges,  §  10. 

For  use  of  ferry,  see  Ferries,  §  7. 

For  use  of  mills,  see  Mills,  §  4. 

For  use  of  toll  roads,  see  Toll  Roads,  §  2. 

For  appropriated  water,  see  Waters,  §  88. 

For  improvement  of  water  way.    67  L.R.A. 

835. 
For  use  of  navigable  stream.    70  L.R.A.  273. 
On  bicycles.     47  L.R.A.  303. 
Right  of  county,  municipality,  or  town  to 
rent,    or   collect    tolls    for   use   of, 
highway.     42  L.R.A. (N.S.)   836. 


TOMBS  AND  TOMBSTONES. 

As  part  of  funeral  expenses.  33  L.R.A. 
666;  52  L.R.A.(N.S.)  1158. 

Injunctive  relief  against  removal  of.  3 
L.R.A. (N.S.)    485. 

Is  money  set  aside  under  will  or  otherwise 
for  purpose  of  erecting  tomb  or  monu- 
ment subject  to  inheritance  tax.  23 
L.R.A.(N.S.)   474;  L.R.A.1918A,  767. 

Validity  of  testamentary  provision  for  care 
and  maintenance  of.     1  B.  R.  C.  931. 

Allowance  against  deceased's  estate  for.  28 
L.R.A.(N.S.)    572. 


TONGS. 

Master's  liability  for  injury  by  defect  in. 
13  L.R.A.(N.S.)  679;  51  L.R.A.  (N.S.) 
337. 


TONTINE  POLICY. 

Right  to  subject,  to  claims  of  creditors.    4 
L.R.A.(N.S.)   456. 


TOOLS. 

TOLLS.  Master's  duty  as  to,  see  Master  and  Serv- 

§   1.  Generally.  ^^'^'  "I'  ^'  ^• 

As  to  rates  charged  by  public  service  cor-  I  Municipal   liability  for   injury  by   tools   in 

porations,  see  Rates,  §  2.  street.     20  L.R.A.  (N.S.)   613, 

Begin  icilh  this  TtooU  on  every  latv  question. 


INDEX  TO  L.R.A.  NOTES. 


1307 


TORNADO. 

« 

Causes  of  loss  covered  by    tornado    insur- 
ance.    L.R.A.1915B,  1094. 


TORPEDOES. 

"See  Signal  Toupedo. 

♦-•-♦ 


TORRENS  LAW. 

See  Records  and  Recording  Laws. 
♦-•-♦ • 

TORT-FEASOR. 

See  Wrongdoers. 

■ 4  »  » 


TORTS. 

§   1.  Generally. 

As  to  particular  classes  of  torts,  see  spe- 
cific title,  e.  g..  Automobiles;  Car- 
riers; Conspiracy;  Highways;  Mal- 
ice; Malicious  Prosecution;  Master 
and  Servant;  Motive;  Municipal 
Corporations  ;  Negligence  ;  Hail- 
roads  ;  Street  Railways,  etc. 

Assignability  of  cause  of  action  for,  see 
Assignment,  §  5. 

Provability  of  claim  for,  see  Bankruptcy, 
§  25a. 

Right  of  action  for  generally,  see  Case. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §§  20-22. 

Contribution  between  tort  feasors,  see  Con- 
tribution, §  2. 

Measure  of  damages  for,  generally,  see 
Damages. 

Exemplary  damages  for,  see  Damages,  II. 

Loss  of  profits  as  element  of  damages  for, 
see  Damages,  §  108. 

Right  of  action  for  causing  death,  see 
Death,  II. 

Waiver  of,  see  Election  of  RemedieJs,  §  3. 

Exemption  of  homestead  from  liability  for, 
see  Homestead,  §  7. 

Injunction  against,  see  Injunction,  §§  16, 
17. 

Liability  for  tort  of  keeper  or  inmate  of 
jail  or  prison,  see  Jails  and  Prisons, 

§  4- 
Running  of  limitations  against  action  based 

on,  see  Limitation  of  Actions,  §§  35, 

40,  41,  51. 

As  to  personal  injuries  generally,  see  Per- 
sonal Injuries. 

Pleading  as  to,  see  Pleading,  §  31. 

Proximate  cause  in  case  of,  see  Proximate 
Cause.  §  '{. 

Release  from  liability  for,  see  Release. 

Counterclaims  in  tort  in  actions  on  con- 
tract, see  Set -Off  and  Counterclaim, 
§  14b. 

Consult  also  L.R.A.  Digests  of  Cases. 


TORTS— cont'd 

Municipal  liability  for,  as  a  debt  within 
meaning  of  debt  limit  provisions. 
L.R.A.1917E,  451. 

Does  statute  disqualifying  party  as  a  wit- 
ness, because  of  death  of  other  party, 
apply  to  actions  ex  delicto.  L.R.A. 
1916D,  811. 

Liability  for  "shadowing"  person.  43 
L.R.A.  (N.S.)   520. 

Constitutionality  of  imprisonment  for  debt 
in  case  of.  34  L.R.A.  640;  L.R.A.1915B, 
646. 

Does  statutory  liability  of  stockholders  for 
debts  of  corporation  include  liability 
for  torts.    22  L.R.A. (N.S.)   256. 

Rule  of  proximate  cause  in  case  of  malicious 
torts.    45  L.R.A.  87. 

Exemption  of  homestead  from  liability  for. 
24  L.R.A.  789;   16  L.R.A. (N.S.)   947. 

Equitable  remedy  to  subject  to  judgment, 
claim  of  damages  for  tort.  63  L.R.A. 
703. 

Garnishment  of  claims  in  tort.  59  L.R.A. 
355. 

Lien  of  attorney  on  cause  of  action  for. 
3  L.R.A.(N.S.)   379. 

Eflfect  of  bankruptcy  on  liabilities  for.  1 
L.R.A. (N.S.)   202. 

Right  of  action  for  tort  for  injury  to  per- 
son other  than  physical  as  asset  of 
bankrupt.     43  L.R.A.(N.S.)    940. 

Requisites  of  special  verdict  in  action  for. 
24  L.R.A. (N.S.)    20. 

Curing  separate  verdicts  rendered  in  action 
for  joint  tort.     10  L.R.A. (N.S.)    191. 

Jurisdiction  of  action  at  law  based  on  tort 
against  real  property  in  another  state 
or  country.  26  L.R.A.(N.S.)  933;  44 
L.R.A.(N.S.)  268. 

Avoidance  by  infant  of  release  of  cause  of 
action  ex  delicto.    11  L.R.A. (N.S.)  690. 

Federal  courts  following  state  decisions  as 
to.     40  L.R.A. (N.S.)    437. 

Application  to  claims  for  torts  of  statute  or 
ordinance  requiring  notice  or  presen- 
tation as  a  condition  of  municipal  lia- 
bility.    50  L.R.A.(N.S.)    175. 

§   2.  Who  liable  for. 

Liability  of  carrier  for  torts  towards  pas- 
senger, see  Carriers,  §§   10-1 5a. 

Constable's  liability  for,  see  Constable, 
§  2. 

Liability  of  corporation  for,  see  Corpo- 
rations, §  36a. 

Liability  of  corporate  officers  for,  see  CoB- 
PORATioNS,  §§  56,  57a,  59. 

Liability  of  county  for,  see  Counties,  §  8. 

In  what  capacity  personal  representative 
may  be  sued  for,  see  Executors  and 
Administrators,  §  21. 

Liability  of  husband  for  torts  of  wife,  see 
Husband  and  Wife,  §  11. 

Married  woman's  liability  for,  see  Husbano 
AND  Wife.  §  24. 

Action  between  husband  and  wife  for,  see 

HuSBANp   AND   WiFE,    §    69a. 

Liability    of    incompetent    person    for,    see 

Incompetent  Persons,  §  12. 
Liabilitv  for  infants  for,  see  Infants,  §  24. 


1308 


INDEX  TO  L,R.A.  NOTES. 


TORTS— cont'd 

Joint  liability  for,  see  Joint  Creditoes  and 

Debtors. 
Master's  liability  for,  see  Carriers,  §§   10, 

14,    15a;    Master  and   Servant,   IV.; 

Trusts,  §  26. 
Liability  for  torts  of  independent  contractor 

see  Master  and  Servant,  IV,  b. 
Liability  of  servant  for,  see  Master  and 

Servant,  V. 
Municipal  liability  for,  see  Municipal  Cor- 
porations, §§  72-101. 
OflBcer's  liability  for,  see  Officers,  §  40. 
Parent's    liability    for,    see    Parent    and 

Child,  §  10. 
Partner's    liability    for,    see    Partnership, 

§  14. 
Principal's  liability  for,  see  Principal  and 

Agent,  §  20. 
Agent's    liability    foi',    see    Principal    and 

Agent,  §  42. 
Sheriff's  liability  for,  see  Sheriffs,  §  3. 
Liability  of  state  for,  see  State,  §  11. 
Liability  of  trustee  for  torts  of  his  servant, 

see  Trusts,  §  26. 

Arbitrary  or  mala  fide  termination  of  part- 
nership as  basis  of  action  in  tort.  25 
L.R.A.(N.S.)    959. 

Liability  of  one  who  procures  defamatory 
testimony  to  be  given.     4  B.  R.  C.  986. 

Liability  of  school  district  or  school  cor- 
poration for.     49  L,R.A.(N.S.)   1026. 

Liability  of  marshal  or  constable  for  his 
deputy's  tort  in  making  an  arrest. 
12  L.R.A.(N.S.)  1019;  L.R.A.1915E, 
172. 


TOTAL.   DISABILITY. 

Of  insured,  see  Insurance,  §  178. 


TOTAL   LOSS. 

Of  insured  property,  see  Insurance,  §  173. 


TOWAGE. 

Owners  of  tugs  as  independent  contractors. 

65  L.R.A.  471. 
Action    on    contractor's    bond    for    expense 

of  towage.     43  L.R.A.(N.S.)   170. 
Services     covered     by    towage    agreement. 

L.R.A.1915B,    1086. 
Jurisdiction  of  admiralty  over  contract  as 

to.     66  L.R.A.  232. 
Maritime    lien    for    towage    services.      70 

L.R.A.  388. 


TOWN   HALL. 


Power  of  town  to  construct  for  purposes 
other  than  use  bv  town  officers.  26 
L.R.A.  (X.S.)    425.' 


TOWN   HALL— cont'd 

Right  of  municipality  to  permit  use  of,  or 

to  lease  town  hall  for  private  purposes.. 

31  L.R.A.  (N.S.)    580. 
Liability   of   town    for    torts   in   connection 

with.     25  L.R.A.  (X.S.)   91. 


TOWN   MARSHALS. 

As  public  officers.     36  L.R.A. (N.S.)    882, 


Begin  iciih  this  hook  on  every  laiv  question. 


TOWNS. 

§    1,  Generally. 

Estoppel  of,  see  Estoppel,  I. 
As  to  municipal  corporations  generally,  6ee 
Municipal  Corporations. 

Applicability  of  statute  of  limitations  to 
actions  by.     L.R.A.1916E,  99. 

Parol  evidence  to  vary  or  supplement  min- 
utes of  town  meeting,  50  L.R.A. (X.S.) 
99. 

As  trustees  of  charities.     14  L.R.A.  70. 

§   2.  Creation  and   incorporation  of. 

Extrinsic  evidence  to  show  unconstitution- 
ality of  statutes  incorporating  towns, 
14  L.R.A.  459. 

§  3.  Annexation  or  division  of  terri- 
tory. 

Power  to  use  public  funds  to  promote  or  de- 
feat legislation  as  to.  L.R.A.1917B, 
358. 

Power  of  legislaturo  as  to  annexation  of 
town  to  municipality.     27   L.R.A.  738. 

Division  of  territory  of,  as  affecting  its 
assets  and  liabilities.  39  L.R.A. (N.S.) 
285. 

§   4.  Powers  and  rights. 

Power  to  use  public  funds  to  promote  the 
passage  or  to  secure  the  defeat  of  a  law. 
L.R.A.1917B,   358. 
Power   to   employ   attorney.      L.R.A.1917D> 
■     243. 
On   contingent  fee.     L.R.A.1917D,  263. 
Right  when  entitled  to  services  of  offi- 
cial attorney  to  employ  other  at- 
torney   in    civil    matters.      L.R.A. 
1917D,  257. 
Power   of,   to   remove   officer   in   absence   of 
statutory    authority.      9    L.R.A.  (X.S.) 
572;   39  L.R.A. (X.S.)    519. 
Right  to  collect  tolls  for  use  of  bridge  or 

highway.     42  L.R.A. (N.S.)    836. 
Reputed  father's  right  to  custody  or  control 
of    illegitimate    child    as    against.      6» 
L.R.A.  694. 

g   5.  —property  rights. 

Division  of  territorv  as  affecting  its  assets. 

39  L.R.A.  (X.S.}   285. 
Right  to  surrender  valid  claim  upon  partial 

payment  thereof.     19  L.R.A.  (N.S.)  320. 


INDEX  TO  L.R.A.  NOTES. 


1309 


"TOWNS— cont'd 

§    6.  Appropriations  by. 

Appropriations    or   use    of    moneys    of. 
L.R.A.  474. 


14 


§    7.  Lia'oilities;    indebtedness. 

Bonds  of,  see  Bonds,  111. 

Liability  for  injury  on  defective  highway, 
see'lIiGUWAYS,  §  79. 

Effect  of  contributory  negligence  on  liabil- 
ity of  township  for  defects  in  highway, 
see  Highways,  §  101. 

Division  of  territory  of,  as  affecting.  39 
L.R.A.  (N.S.)   285. 

Liability  as  between  counties  and  towns  for 
tlu'  expense  of  maintaining  a  boundary 
bridge  between  counties.  L.R.A.1916F, 
524. 

Liability  for  damage  to  vessel  by  bridge. 
L.R.A.1915F,  1062. 

Xiability  for  injury  by  interference  of 
bridge  with  How  of  water.  59  L.R.A. 
856. 

Xiability  of  townships  for  injury  to  em- 
ployee engaged  in  repairing  highway. 
41   L.R.A.{N.S.)    1074. 

Liability  of  township  on  negotiable  paper 
executed  by  officer  of  town.  21  L.R.A. 
(N.S.)    1078. 

When  limitations  begin  to  run  against  ac- 
tion on  township  warrant.  10  L.R.A. 
(N.S.)    478. 

Holders  as  necessary  parties  to  proceed- 
ings to  invalidate  moneyed  obligations 
of.     3  L.R.A. (N.S.)    256. 

Kight  of  town  authorities  to  reconsider  ac- 
tion as  to  allowance  of  claim.  21 
L.R.A. (N.S.)  289. 

Liability  of  territory  annexed  to  township 
to  pay  proportionate  share  of  existing 
debts.    27  L.R.A. (N.S.)   1147. 

§   8.  Officers. 

Parol  evidence  to  vary  or  supplement  rec- 
ords  of.     50   L.R.A. (N.S.)    99. 

Power  of  board  to  appoint  olTicers  or  make 
contract  for  term  of  office  extending  be- 
yond its  own  term.  29  L.R.A.(N.S.) 
652;  L.R.A.1915E,  581. 

Character  and  extent  of  relief  by  mandamus 
against  town  board  which  has  rendered 
a  decision  on  a  ground  not  within  its 
discretion.     7  L.R.A. (N.S.)    625. 

§   9.  — powers. 

Power  of  town  board  to  act  as  determined 

by    place   of    performance.      33    L.R.A. 

86. 
Liability  of  township  on  negotiable  paper 

executed  by  officer  of  town.     21  L.R.A. 

(N.S.)   1078. 

§    10.  —removal  of. 

Power  of  town  to  remove  officer  in  absence 
of  statutory  authority.  9  L.R.A. (N.S.) 
672;  39  L.R.A.(N.S.)  619, 


TOWN-SITE    GRANTS. 

See  Public  Lands,  §  18. 

^Consult  also  L.R.A.  Digests  of  Cases. 


TRACK  INSPECTORS. 

As  fellow  servants.     52  L.R.A. (N.S.)    1103. 
♦-•-♦ 

TRACK  REPAIRERS  AND  IiA-  . 
BORERS. 

As  fellow  servants.     52  L.R.A.(N.S.)   1101. 

♦-•-• 

TRACKS. 

Right  of  witness  to  express  opinion  as  to. 
L.R.A.1918A,  732. 


TRACTION  ENGINE. 

Lawfulness    of    use   of,    on    highways.      16 
L.R.A.  148, 


TRADE. 

Restraint  of,  see  Contbacts,  §§  107-109, 
117,  118;  Monopoly  and  Combina- 
tions. 

Municipal  control  over  nuisances,  relating 
to,  see  Municipal  Corporations.  §  30. 

As  to  unfair  competition  in,  see  Unfair 
Competition. 

What  is  a  "trade"  within  exemption  laws. 

L.R.A.1915F,  916. 
Injunction  by  municipality  against  nuisance 

relating  to.     41  L.R.A.  326. 
Solicitation    of,    as    doing    business    within 

state.     9  L.R.A.  (N.S.)   1214:  23  L.R.A. 

(N.S.)  834;  L.R.A,1916E,  236. 


TRADE  FIXTURES. 

See  Fixtures. 


♦  »» 


TRADE  INDUCEMENTS. 

As  to  trading  stamps,  see  Trading  Stamps. 

Constitutionality  of  statute  requiring  prizes 
or  other  inducements  to  attract  trade 
to  be  paid  in  cash.  41  L,R.A.(N.S.) 
1041. 


TRADEMARK. 


I.  In  general,  §  1. 
II.  What  may  he,  §§2,  2a. 
III.  Invalidity  of  deceptive  trademarlc, 

§  3. 
IV.  Transfer  of,   §§   4,  5. 
r.  Protection,  §§   6,   7. 


1310 


INDEX  TO  L.K.A.  NOTES. 


TRADEMAEK— cont'd 
VI,  Extent  of  right;  exclusive  use,  §§ 
8,   9. 
VII.  Infringement,  §§  10,  11. 


I.  In  general, 

§   1.  Generally. 

Constitutionality  of  statutes  as  to,  see  CoN- 
STITUTIOKAL  LaW,   §   162. 

Effect  of  fraud  in  respect  to,  see  Fbaud  and 
Deceit,  §  22. 

See  also  Tradenajies;  Unfaib  Compe- 
tition. 

As  a  subject  of  taxation.  21  L.R.A.  (N.S.) 
30. 

Effect  of  devise  of  busmess  to  pass  trade- 
marks.   L.R.A.1917D,  439. 

Conclusiveness  of  judgment  as  between 
plaintiff  and  one  not  a  party  nor  privy 
who  voluntarily  conducted  the  defense 
in  trademark  case.  37  L.R.A.(N.S.) 
966. 

II.  What  may  be. 

§  2.  Generally. 

What  may  be  protected  as  a  trademark,  see 

infra,  §  7. 
Use  of  one's  name  as,  see  Name,  §  18. 
What  may  be  tradename,  see  Tbadename, 

§  2. 
Labels  as.    17  L.R.A.  130. 

§   2a.  Foreign  word. 

Descriptive  word  adopted  from  foreign 
language  as  subject  of  trademark. 
32   L.R.A. (N.S.)    439. 


III.  Invalidity  of  deceptive  trademarTc. 

§  3.  Generally. 

Generally.     19  L.R.A.  53. 

Claim  of  patent.     19  L.R.A.  54. 

Tea.     19  L.R.A.  54. 

Cigars.     19  L.R.A.  55. 

Cordials  and  medicines.     19  L.R.A.  55. 

Cosmetics  and  perfumes.     19  L.R.A.  56. 

Miscellaneous.     19  L.R.A.  56. 


IV.  Transfer  of. 

%  4.  Generally. 

Transfer  of  tradename,  see  Tradename,  §  3. 

Sale  01. a  trademark.     1  L.R.A.(N.S.)   705. 

§  5.  By      bankruptcy      or      Insolvency 
assignment. 

The  general  rule  as  to  transferability.     46 

L.R.A.  541. 
Mode   of   transfer;    what   rights   pass.      46 

L.R.A.  543. 
Distinction    between    trademarks    attaching 

to  place  or  product  and  those  attach- 

ings  to  the  person.    46  L.R.A.  543. 
Trademark    consisting    of    business    name. 

46  L.R.A.  54.5. 


Begin  irith  this  6oo7v'  on  every  law  question. 


TRADEMARK— cont'd 

V.  Protection. 

§   6.  Generally. 

Injunction  to  protect  rights  in,  see  Injunc- 
tions, §§  69,  70. 

Protection  of  tradename,  see  Tbadename,. 
§§  4,  6. 

Protection  of,  as  affected  by  deception  or 
fraud  in  use  of.  8  L.R.A.  643;*  17 
L.R.A.  130;    19  L.R.A.  53. 

Validity  of  penal  statute  to  protect  trade- 
marks.    25  L.R.A.  (N.S.)    473. 

Effect  of  false  representations  extrinsic  to 
the  trademark,  on  the  right  to  protec- 
tion against  infringement  of  same.  12. 
L.R.A.(N.S.)  1201;  23  L.R.A.(N.S.) 
1151. 

§   7.  What  may  be  protected  as. 

What  may  be  protected  as  tradename,  see 
Tradename,  §  5. 

Right  to  protection  in  use  of  terms  descrip- 
tive of  a  process.     L.R.A.1916E,  633. 

Colored  threads  or  strands  in  fabric  a* 
trademark.     L.R.A.]  91oF,  1107. 

Protection  of  trade  union  labels  or  trade- 
marks. 29  L.R.A.  200;  39  L.R.A. (N.S.^ 
1190. 

Right  to  protection  against  use  of  a  par- 
ticular number  by  a  competitor.  8 
L.R.A.  (N.S.)    1153. 

Right  to  protection  against  use  by  rival 
of  similar  design,  shell,  or  pattern  not 
protected  by  patent.  19  L.R.A. (N.S.) 
269. 

Right  to  protection  in  use  of  geographical 
name  as  a  trademark  or  tradename 
or  upon  the  ground  of  unfair  com- 
petition.    26   L.R.A.  (N.S.)    73. 

Protection  of  descriptive  word  or  phrase  as 
trademark.     L.R.A.1918A,  96L 

Name  of  celebrity.    L.R.A.1917C,  1161. 

VI.  Extent    of   right;    exclusive   use. 

§   8.  Extent  of  right. 

Use    of,    on    articles    other    than    those    to 
which  it  is  applied  bv  the  owner.     30 
L.R.A.(N.S.)      167;     47     L.R.A.  (N.S.) 
1002;  L.R.A.1918C,  1044. 
Territorial  extent  of  right  in  trademark  or 
tradename  used  in  limited  locality 
where  used  bv  another  in  a  differ- 
ent locality.   '35  L.R.A. (N.S.)  251; 
L.R.A.1916D,  143. 
Right  to  use  of  name  capable  of  becoming- 
trademark   on   expiration   of  copyright- 
or  patent.     16  L.R.A.(N.S.)   550. 

§    9.  Exclusive  use  of. 

Right  to  exclusive  use  of.     17  L.R.A.  129» 

VII.  Infringement. 

§    10.  Generally. 

Protection  against,  see  supra,  §§  6,  7. 
Measure    of    damages    for,    see    Damages, 
§§  19,  95,  112. 


INDEX  TO  L.E.A.  NOTES. 


1311 


TKADEMARK,  VII.— cont'd 

Injunction  against,  see  Injunction,  §§  69, 

70. 
Infringement  of  tradename,  see  Tbadename, 

§  7. 

Liability  of  officers  of  a  corporation  for  its 

infringement.     28  L.R.A.  420. 
Power  of  equity,  upon  enjoining  unfair  com- 
petition or  infringement  of  trademark, 
to    require    defendant   to    pay    damages 
sustained    by    complainant    as    distin- 
guished from  profits  realized  by  defend- 
ant.    21  L.R.A.  (N.S.)    526. 
Use  of  another's  trademark,  or  insignia  not 
technically  a  trademark,  for  adver- 
tising purposes  as  infringement  or 
unfair   competition.     L.R.A.1915B, 
889. 


14 


§    11.  What  constitutes. 

Bv    similarity    of    names    of    articles 
L.R.A.  245. 

Right  to  use  a  word  substantially  similar 
to  that  used  by  another  as  trademark, 
as  affected  by  differences  in  appearance 
in  other  respects.  12  L.R.A.  (N.S.) 
729. 


TRADENAMES. 


§   1.  Generally. 

Eifect  of  fraud  in  respect  to,  see  Fbaud  and 
]3eceit,  §  22. 

Injunction  against  misuse  of,  see  Injunc- 
tion, §  69. 

See  also  Teademaek;  Unfaib  Compe- 
tition. 

As  part  of  good  will  of  business.  15  L.R.A. 
462. 

Notice  of  copyright  containing  variant 
tradename.     66  L.R.A.  445. 

Acquisition  in  restricted  locality  notwith- 
standing use  in  other  places.  2  L.R.A. 
(N.S.)   964. 

§  2.  What  may  be. 

What  may  be  protected  as,  see  infra,  §  5. 
Use  of  one's  name  as,  see  Name,  §  18. 
What  may  be  trademark,  see  Tbademabk, 
§  2. 

Right   to    use   geograpiiical    name  .as.      26 

L.R.A. (N.S.)  73. 
Limitation  of  right  to  use  one's  own  name 

as    tradename.      1    L.R.A.(N.S.)     660; 

28  L.R.A. (N.S.)   934. 

§   3.  Transfer  of. 

Transfer    of    trademark,    see    Tbademabk, 

§§  4,  5. 

§   4.  Protection  of. 

Protection    of   trademark,    see   Tbademabk, 

§§  6,  7. 

Effect  of  false  representations  extrinsic  to 
the  tradename,  on  the  right  to  protec- 
tion against  infringement  of  same.  12 
L.R.A.(N.S.)  1201;  23  L.R.A.(N.S.) 
1151. 

Consult  also  L.R.A.  Digests  of  Cases. 


TRADENAMES— cont'd 

Right  of  owner  of  tradename  to  be  protected 
against  its  use  by  another  to  describe 
the  character  of  material  to  be  used  by 
the  latter  in  performing  a  contract. 
12  L.R.A. (N.S.)   339. 

§  5.  — what  protected. 

What  may  be  protected  as  trademark,  see 
Tbademabk,  §  7. 

Right  of  members  of  organization  to  pro- 
tection in  use  of  name  which  their 
efforts  have  made  valuable.  28  L.R.A. 
(N.S.)   458. 

Right  to  protection  in  use  of  geographical 
name  as  tradename.  26  L.R.A.. 
(N.S.)   89. 

Relief  against  infringement  of  tradename 
not  used  in  connection  with  manufac- 
tured article.     15  L.R.A.  (N.S.)   625. 

Protection  of  name  descriptive  of  the  kind  or 
character  of  business.  L.R.A.1917C, 
958. 

Name  of  celebrity  as.     L.R.A.1917C,  1161. 

§   6.  Extent  of  use. 

Use    of,    on    articles    other    than    those    to- 

which  it  is  applied  by  owner.    30  L.R.A. 

(N.S.)     167;    47    L.R.A.(N.S.)     1002 > 

L.R.A.1918C,  1044. 
Use  of   same   tradename  by  wholesale   and 

retail  concerns  dealing  in  same  goods. 

4  L.R.A.(N.S.)   447. 
Right  to  use  of  name  capable  of  becoming 

tradename  on  expiration  of  copyright 

or    patent.      16    L."R.A.(N.S.)    550;    1 

B.  R.  C.  649. 
Territorial    extent   of    right   to   tradename 

used  in  limited  locality  where  used  by 

another    in     a     different    locality.       2. 

L.R.A.(N.S.)     964;     35    L.R.A.  (N.S.) 

251;  L.R.A.1916D,  143. 

§   7.  Infringement. 

Measure  of  damages  for,  see  Damages,  §§; 

19,  95,  112. 
Injunction  against,  see  Injunction,  §§  69, 

70. 
Infringement  of  trademark,  see  Tbademabk, 

§§  10,  11. 

Right  to  use  a  word  substantially  similar  to- 
that  used  by  another,  as  tradename, 
as  affected  by  differences  in  appearance 
in  other  respects.  12  L.R.A. (N.S.) 
729. 

Power  of  equity  on  enjoining  infringement 
of  tradename  to  require  defendant  to- 
pay  damages  sustained  by  complainant 
as  distinguished  from  profits  lealizfd 
by  defendant.     21  L.R.A. (N.S.)    526. 


TRADE  SECRETS. 


See  Secbets. 


.1312 


INDEX  TO  L.R.A.  NOTES. 


TRADESMEN. 

As  independent  contractors.    65  L.R.A.  467. 
Effect  of  notice  to,  on  liusband's  liability  for 

personal     necessaries     furnished      wife. 

65    L.R.A.    532,    538,    544;    47    L.R.A. 

(N.S.)   281. 


TRADE    TALK. 


As  a  fraud.    35  L.R.A.  418. 
Right  to  rely  on.    37  L.R.A.  605. 


TRADE  UNION. 


See  Conspiracy,  §§  4-8;  Labob  Obganiza- 

TIONS. 


TRADING  COMPANIES. 

JRight  of  foreign   company  to  enter  state. 
24  L.R.A.  313. 


TRADING  STAMPS. 

■Constitutionality  of  statutes  as  to,  see 
Constitutional  Law,  §  163. 

License  of  business  of  dealing  in,  see  Li- 
cense, §  42. 

Forbidding  or  regulating  use  of.  2  L.R.A. 
(N.S.)  588;  7  L.R.A. (N.S.)  1131;  30 
L.R.A.(N.S.)  957;  49  L.R.A.  (N.S.) 
1123;  L.R.A.1917A,  433;  L.R.A.1918B, 
383. 

<5ratuitous  distribution  of  tokens  entitling 
holders  of  certain  numbers  to  prizes, 
as  a  lottery.     3  B.  R.  C.  984. 

Trading  stamp  contract  as  a  monopoly. 
L.R.A.1915D,  520. 


TRAFFIC    AGREEMENT. 

Association   of  persons   under,   as  partner- 
ship.    18  L.R.A. (N.S.)    1095. 


TRAFFIC  OFFICER. 

Signal  of  traffic  officer  as  affecting  duty  of 
travelers  to  exercise  care.  L.R.A.1917B, 
137. 

"Validity  of  statute  or  ordinance  for  direc- 
tion of  street  traffic  by.  L.RA.1918F, 
1113. 


T-RAIL   CUTTER. 


TRAILING. 

Evidence  of  trailing  by  bloodhounds.  42 
L.R.A.  432;  35  L.R.A.  (N.S.)  870; 
L.R.A.1917E,  730. 


TRAIN  DESPATCHER. 

As  fellow  servant  of  trainmen,  see  Masteb 
and  Sebvant,  §  149. 

Record  of,  as  evidence.  3  L.R.A. (N.S.) 
1190. 

Representing  company  as  to  special  orders 
suspending  regular  time  tables.  54 
L.R.A.  92. 

State  statute  regulating  hours  of  labor  of, 
as  interference  with  interstate  com- 
merce.    29   L.R.A.  (N.S.)    240. 


TRAIN   HOUSE. 


Regulations   as   to  admission   of  passenger 
to.     16  L.R.A.  449. 


TRAINING  SCHOOIi. 

Mandamus  to  csmpel  issuance  of  diploma  to 
student  in.     3  L.R.A. (N.S.)   1115. 

Confinement  in,  as  cruel  and  unusual  pun- 
ishment.    L.R.A.1915C,  563. 

Statutory  power  of  local  authority  to  main- 
tain teacher's  training  department  in 
school.     52  L.K.A.(N.S.)    163. 


TRAIN   MASTER. 


As  fellow  servant.     52  L.R.A. (N.S. )_   1105. 
Authority   of,    to   contract   for   services   of 
other  persons.     L.R.A.1918F,  64. 


TRAINMEN. 


As  fellow  servants.    50  L.R.A.  429,  455;  52 
L.R.A.(N.S.)    1082,  1106,  1142. 

Conductor  as  fellow  servant  of.     46  L.R.A. 
337. 

fellow  servants  of  telegraph  operator, 
train  despatcher  or  block  signal  opera- 
tors. 25  L.R.A.  386;  7  L.R.A.(N.S.) 
651;  52  L.R.A.(N.S.)  1123,  1127. 


As 


Master's  liability  for  injury  by  defects  in. 

51   L.R.A.  (N.S.)    338. 
Begin  wilh  this  hook,  on  every  law  question. 


TRAINS. 

Regulation  as  to  stopping  of,  see  Cabbiebs, 
§  162. 

Failure  to  stop  as  proximate  cause  of  in- 
jury to  passenger  by,  see  Proximate 
Cause,  §  9. 

Injury  by,  to  persons  on  railroad  track,  see 
Railroads,  VII. 


INDEX  TO  L.R.A.  NOTES. 


1313 


TRAINS— cont'd 

Evidence  as  to  speed  of.  34  L.R.A.  (N.S.) 
790. 

Right  of  court  to  determine  question  as  to 
quickest  means  of  stopping  train,  as  a 
matter  of  common  knowledge.  14 
L.R.A.  (X.S.)    262. 

Duty  to  give  regular  train  service  on  Sun- 
day.    30  L.R.A. (N.S.)   40L 


TRAIN    SCHEDULES. 

Right  of  one  about  to  cross  railroad  track 
to  rely  on.    17  L.R.A.  (N.S.)   1253. 


TRAMPS. 

As  passengers  of  carrier.     2  L.R.A.  166. 
Cruel    and   unusual    punishment   for   viola- 
tion of  Tramp  Act.     L.R.A. 1915C,  570. 


TRAMROAD. 


Right  to   place   on   private    right   of   way. 
L.R.A. 1918A,  263. 


TRAMWAYS. 


Right  of  owner  or  lessee  of  mineral  in  place 
to  build  tramwavs  on  surface.  48 
L.R.A.(N.S.)    SSe." 


TRANSFER. 


In  general,  see  Assignment. 

Street  car  transfer,  see  Carriers,  §  27. 

Of  property  generally,  see  Property,  §  4. 

Of  personal  property,  see  Personal  Prop- 
erty, §  5. 

Of  jaihoad  property,  see  Railroads,  §  14. 

Of  real  property  generally,  see  Real  Prop- 
erty, §  4. 

Of  trust  property,  see  Trusts,  §§  35,  36. 

Of  corporate  stock,  see  Corporations,  VIII. 
c. 

Of  interest  of  cotenant,  see  Cotenancy,  § 
11. 

Conflict  of  laws  as  to  transfer  of  property, 
see  Conflict  of  Laws,  §§  28-33. 

Effect  of  transfer  of  business  on  good  will, 
see  Good  Will,  §  3. 


TRANSFER  AGENTS. 

As  independent  contractors.    65  L.R.A.  471. 
Consult  also  L.R.A.  Digests  of  Cases. 


TRANSFER   COMPANY. 

Liability  of,  see  Carriers,  §  106. 

As  carrier.     21  L.R.A. (X.S.)    ISS. 

Right  of  carrier  to  grant  exclusive  train 
privilege  to  baggage  or  passenger 
transfer  companies.  32  L.R.A. (N.S.) 
1181;   L.R.A.1917F,  108.3. 

Right  of  state  or  municipality  to  forbid  so- 
licitation of  patronage  at  railway  sta- 
tion.    L.R.A.1917D,  690. 


TRANSB'ER   TAX. 

See  Taxes,  §§  90-105. 


TRANSIENT. 


Duty  of  telegraph  company  as  to  discover- 
ing unknown  sendee  who  is  a  transient. 
22  L.R.A. (N.S.)    764. 


TRANSIENT    DEALERS. 

Constitutionalitj'  of  discriminations  in 
statutory  regulations  concerning  tran- 
sient dealers  in  food  products.  34 
L.R.A  (N.S.)   653. 

Discrimination      against     nonresidents  by 

statute  or  ordinance  as  to  license.  40 
L.R.A.(N.S.)  286. 


TRANSITORY   DANGERS. 

Duty  to  warn  servant  against,  see  Masteb 
AND  Servant,  §  74. 

Duty  to  warn   contractor's  servants  of  ap- 
proach of.     46  L.R.A.  75. 


TRANSIT  PRIVILEGES. 

Nature  and  validity  of.     L.R.A.1918A,  178. 

Carrier's  right  to  make  discriminating  rate 
for  wheat  to  be  converted  into  flour  to 
be  shipped  over  its  road.  6  L.R.A. 
(N.S.)  225. 

Liability  of  carrier  for  loss  of  transit  privi- 
lege resulting  from  deviation.  L.R.A. 
1918A,  1065. 


TRANSLATION. 


As  an  infringement  of  common-law  rights 
in  literary  productions.     51  L.R.A.  378. 

Of  will  as  part  of  probate.  42  L.R.A. (N.S.) 
458, 


83 


]314 


INDEX  TO  L.R.A.  NOTES. 


TRAXSMISSIOX. 

Of  mails,  see  Postoffice,  §§  4-8. 


TRANSPORTATION. 

By  carriers,  see  Carriers;   Shipping. 
Regulation   of,    as    interference    with    com- 
merce, see  Commerce,  §§  4-12. 
Of  pupils,  see  Schools,  §  2. 

^-•~¥' 


TRAPDOORS. 


Duty  of  storekeeper  toward  customer  as 
condition  of.  21  L.R.A.  (N.S.)  457; 
L.R.A.1915F,  572. 

Municipal  liability  for  injury  from  trap 
door  maintained  in.  sidewalk  by  abut- 
ting owner.     7  L.R.A. (N.S.)    425. 

Res  ipsa  loquitur  in  action  for  injury  on 
highway  resulting  from.  43  L.R.A. 
(N.S.)    593. 


TRAPS. 


Liability  for  killing  or  injuring  trespasser 
by  means  of.     29  L.R.A.  154. 


TRAVAIXi. 


Dying   declaration   of    woman    in    travail. 
56  L.R.A.  454. 


TRAVELER. 


Injury  to,  on  highway,  see  Highways,  VI. 
Duty  of  innkeeper  towards,  see  Innkeepers, 
§§  6-12. 


TRAVELERS'    CHECkb. 

Who  must  bear  loss  of  payment  on  forgery. 
L.R.A.1917F,  558. 

— •*-*-*■ 


TRAVELING. 


As  violation  of  Sunday    laws.      30    L.R.A. 
(N.S.)  468. 


TRAVELING  EXPENSES. 

Implied  authority  of  agent  or  employee  to 
bind  principal  for.     L.R.A.1916B,  754. 
Begin  icith  this  hook  on  every  law  question. 


TRAVELING    SALESMEN. 

See  Commercial  Travelers. 


TREASON. 


Libel  or  slander  bv  imputing  sedition  or  dis- 
loyalty.   L.R.A.1917D,  861. 
Criminal   responsibility   of   corporation   for. 

2  B.  R.  C.  253. 
Criminal     liability     of     children     for.       36 

L.R.A.  208. 
Evidence  of  other  crimes  in  prosecution  for. 

62  L.R.A.  325. 
Proof  of  corpus  delicti  in  prosecution   for. 

68  L.R.A.  56. 
Forfeiture  of  rights  of  innocent  persons  in 

property  forfeited  for  treason.     L.R.A. 

iyi6E,  344. 


TREASURER. 

Bond  of,  see  Bonds,  §§  12-15. 

Authority  of,  to  contract  for  services  of  oth- 
er persons.     L.R.A.1918F,  59. 

Eligibility  of  woman  to  office  of  county 
treasurer.     27  L.R.A.  (N.S.)   532. 


TREASURE-TROVE. 

Rights  of  finder  of.  1  L.R.A. (N.S.)  477 > 
8  L.R.A.  (N.S.)  95;  35  L.R.A.  (N.S.) 
979.  ,  • 

Rights  inter  se  of  joint  finders  of  lost  prop- 
erty.    19  L.R.A.  (N.S.)    1201. 


TREASURY 


Secretary  of,  see  Secretary  of  Treasury. 

Effect  of  money  in,  on  creation  of  indebted- 
ness in  excess  of  debt  limit.  37  L.R.A. 
(N.S.)    1085;  L.R.A.1917E,  446. 


TREASURY  NOTES. 

Liability  of  government    fot-,    when    stolen 
from  it.    39  L.R.A. (N.S.)   445. 


TREASURY  STOCK. 


Of     corporation,     taxation     of. 

(N.S.)   885. 


9     L.R.A. 


TREATIES, 


Effect  of,  on  validity  and  enforceability  of 
contract  or  covenant  in  relation  to  real 
property  which  discriminates  against 
persons  because  of  race,  color,  or  re- 
ligion.   L.R.A.1916B,  1209. 


INDEX  TO  L.R.A.  NOTES. 


1315 


TREATIES— cont'd 

EflFect  of,  on  jurisdiction  over  boundary 
rivers.     65  L.R.A.  957. 

Question  relating  to  treaty  rights  as  Fed- 
eral question.     62  L.R.A.  532. 

Guaranties  by,  to  aliens.     16  L.R.A.  277. 

Effect  of,  on  alien's  right  to  inherit.  32 
L.R.A.  3  77;  L.R.A.  1915E,  327. 

Validity  of  discrimination  against  aliens  by 
inheritance  tax  law  as  affected  by 
treaty  with  foreign  government.  33 
L.R.A.(N.S.)    632;  L.R.A.1910A,  474. 


TREATING. 


Social  treating  as  an    offense.     21    L.R.A. 

(N.S.)    134. 
Treating  jurors  as  ground  for  new  trial  or 

reversal.     19     L.R.A.(N.S.)      733;     49 

L.R.A.(N.S.)    889. 


TREATMENT. 


Medical  treatment,  see  Physicians  and 
Surgeons. 

Treatment  while  in  custody  as  element  of 
damages  in  action  for  malicious  prose- 
cution or  false  imprisonment.  33 
L.R.A. (N.S.)   291;   L.R.A.1915D,  621. 


TREBLE    DAMAGES. 


See  Damages,  §  120. 


TREES. 

§    1.  Generally, 

In  highway,  see  Highways,  §  42. 
Master's  liability  for  injury  to  servant  by 

trees  near  street  car  track,  see  Masteb 

AND  Servant,  §  97. 
See    also    Logs    and    Logging;     Lumbeb; 

Timber. 

Mechanic's  lien  for  furnishing  and  planting 
trees  and  caring  for  same.  L.R.A. 
1917D,  351. 

As  subject  of  larceny.  49  L.R.A. (N.S.)  966, 
969. 

Doctrine  of  attractive  nuisance  as  applied 
to.     L.R.A.1915D,  168. 

Contributory  negligence  of  one  struck  by 
limb  of  tree  extending  over  highway. 
L.R.A.1918A,  205. 

Validity  and  construction  of  statutory  reg- 
ulations as  to  infected  trees.  43  L.R.A. 
(N.S.)    1080;    L.R.A.1915E,  894. 

Injury  to  employee  on  top  of  train  by.  47 
L.R.A. (N.S.)    499. 

Dutv  to  give  warning  wher6  trees  are  being 
'felled.     46   L.R.A. (N.S.)    86. 

Right  as  between  owner  of  land  and  owner 
of  timber  thereon  to  annual  product  of 
the  trees.    L.R.A.1915E,  307. 

Consult  also  L.B.A.  Digests  of  Cases. 


TREES— cont'd 

Interest  of  one  other  than  owner  of  soil,  io 
growing  trees  or  their  products  as  sep- 
arate subjects  of  taxation.  17  L.R.A. 
(N.S.)  693. 

§   2.  Cutting  of,  or  injury  to. 

Measure   of   damages  for   injury  to,   or   de- 
struction of,  see  Damages,  §  75. 
Right  to  cut  timber,  see  Timbeb,  §§  6,  7. 

Effect  of  cutting  trees  upon  the  title.  19 
L.R.A.  654. 

Criminal  liability  for  act  of  agent  in  wil 
fully  cutting.     41  L.R.A.  657. 

Dutv  to  instruct  servant  as  to  danger  in 
'felling.     2  L.R.A. (N.S.)    840, 

Liability  for  injury  to  trees  by  gas  escap- 
ing from  pipes  or  mains,  10  L.R.A. 
(N.S.)   890.     ■ 

§   3.   On  boundary  line. 

Trees  near  boundary  as  a  nuisance,  see 
Nuisances,  §  3. 

Property  rights  in  trees  on  or  overhanging 
boundary  line.  21  L.R.A.  729;  46 
L.R.A.(N.S.)    3. 


TRENCHES. 


Imputing  to   master   coservant's  negligence 

in   respect  to   dangers   in.      54    L.R.A. 

138. 
Servant's  assumption  of  risk  from  changing 

condition  of,  during  progress  of  work. 

19   L.R.A. (N.S.)    358. 


TRESPASS, 


I.  Civil,    §§    1-11. 
II.  Criminal,   §   i:^.  ,  ' 

I.  Civil. 

§    1.  Generally. 

By  animals,  see  Animals,  §  10. 

Liability  for  injury  by  blasting,  see  Blast- 
ing. 

Trespass  on  the  case,  see  Case. 

Injunction  against,  see  Injunction,  §§  21- 
23. 

Remedy  for  continuing  trespass  or  nuisance, 
see  Nuisances,  §  20a. 

As  to  trespassers,  see  Trespassers. 

On  banks  to  float  logs.     41  L.R.A.  4&5. 

Remedies  against  timber  trespassers  6n  pub- 
lic lands.    70  L.R.A.  875. 

Effect  of  remedy  by,  on  equitable  jurisdic- 
tion to  remove  cloud  on  title.  12 
L.R.A.(N.S.)   59. 

Jurisdiction  of  action  fot  trespass'  upon 
real  property  in  another  state  or  coun- 
try. 26  L.R.A.(N.S.)  935;  44  L.R.A. 
(N.S.)  267. 

Applicability  of  statute  of  limitation^'  gov- 
erning actions  for  trespass  to  actions 
for  damages  to  feyi  prop^i'ty.  ^6 
L.R.A.  (N.S.)   1047. 


1316 


INDEX  TO  L.R.A.  NOTES. 


TRESPASS,  I.— cont'd 

Judgment  against  plaintiff  in  trespass  in- 
volving boundary  as  establishing  bound- 
aiv  claimed  bv  defendant.  38  L.R.A. 
(N.S.)   1024. 

Effect  of  admission  to  change  burden  of 
proof  and  right  to  open  and  close.  61 
L.R.A.  539,  547. 

Imprisonment  for  debt  in  ease  of.  34 
L.R.A.  641. 

§   2.  What  constitutes. 

Levy   on   partnership   property  for   debt   of 

partner  as  a  trespass.     46  L.R.A.  489. 
By    entering   upon    land    to   remove   timber 

after  the  expiration  of  the  time  limit. 

29  L.R.A.  (N.S.)   551. 
Protection    of    building   or    other   structure 

over  boundary  as  a  continuing  trespass 

or  nuisance.  *  32   L.R.A. (N.S.)    1010. 
In    executing   invalid   search    warrant.      49 

L.R.A. (N.S.)   770. 
Right  to  break  and  enter  dwelling  to  serve 

civil    writ    of    process.      L.R.A.1916D, 

281. 
Right  to  employ  force  in  retaking  property 

sold    conditionally.      19    L.R.A. (N.S.) 

607. 

§   3.  Resistance  of. 

Homicide    in    attempting    to    prevent.      67 

L.R.A.  538. 
Right  to  use  deadly    weapon    in    resisting 

trespass.     22  L*.R.A.(N.S.)   724. 
Force   permissible    in   resisting   attempt   of 

public    service     corporation    to     plant 

poles,  lay  tracks,  etc.    45  L.R.A. (N.S.) 

601. 

§  4.  When    lies. 

For  taking  or  injuring  dogs.    40  L.R.A.  507. 
For    interference    with    fishery    rights.     60 

L.R.A.  523. 
Action  in  trespass  against  mortgagee  who 

has    imlawfully    seized    the    property 

while  assuming  to  act  under  mortgage. 

L,.R.A.19]5E,  196. 
Against    landowner    for    cutting    trees    on 
j        boundary  line.     46  L.R.A.(N.S.)    6. 

§   5.  Who  may  maintain. 

In  case  of  continuing  trespass  or  nuisance, 
see  Nuisances,  §  20a. 

For  taking  bees.    40  L.R.A.  688. 

Owner  of  burial  lot.  67  L.R.A.  124;  L.R.A. 
1918A,  149. 

Trespass  quare  claustim  fregit  by  tenant  in 
common  of  realtv  against  cotenant. 
10  L.R.A. (N.S.)   212. 

Right  of  widow,  prior  to  assignment  ot 
dower,  to  maintain  trespass  quare 
clausum.     13  L.R.A. (N.S.)   209. 

As  a  proper  remedy  by  abutting  owner  to 
recover  damages  from  maintenance  of 
railroad  in  street.  36  L.R.A. (N.S.) 
829. 

Bailee's  right  to  maintain  action  of,  for 
damage  or  conversion  of  bailed  prop- 
erty.    3  B.  R.  C.  391. 

Right  of  mortgagee  in  possession  to  main- 
tain action  for  trespass  antecedent  to 
his  entry.     6  B.  R.  C.  92. 

Begin  with  this  hooTc  on  every  law  question. 


TRESPASS,  I.— cont'd 

§   6,  —  character  of  title. 

Sufficiency  of  equitable  title  to  sustain.     47 
L.R.A.   637;    30  L.R.A. (N.S.)    231. 
Sufficiency  of  equitable  title  to  sustain  ac- 
tion  for   injurv   to   real   propertv.     30 
L.R.A. (N.S.)    231. 
Sufficiency   of  possessory  title.     46   L.R.A. 

(N.S.)   500,  503,  516. 
Necessity  and  character  of  title  or  posses- 
sion of  plaintiff  to  sustain  action 
of    trespass  quare  clausum  fregit. 
30  L.R.A.(N.S.)    243. 

§   7.  Who  liable  for. 

Landlord's  liability  in  for  forcible  expulsion 
of  tenant  after  termination  of  tenancy. 
16  L.R.A.   798. 

Civil  liability  of  insane  person.  42  L.R.A. 
(N.S.)    85. 

Responsibility  of  one  who  assumes  to  sell 
land  or  an  interest  therein,  for  a  tres- 
pass by  another  claiming  imder  or 
through  him.    L.R.A.1918D,  220. 

Liability  of  officer  executing  invalid  search 
warrant.    49  L.R.A. (N.S.)  770. 

Liability  of  school  district  or  school  cor- 
poration for.     49  L.R.A. (N.S.)    1032. 

Liability  of  municipal  corporation  for  tres- 
pass on  private  property  where  commit- 
ted in  connection  with  streets.  L.R.A. 
1916D,  1086. 

§   8 .  —  employer. 

Master's  liability  in  for  wrongful  or  negli- 
gent act  of  servant.     27  L.R.A.  197. 

Employer's  nonliability  for  trespass  bj'  in- 
dependent contractor.    65  L.R.A.  655. 

Liability  for  torts  by  servants  sent  to  com- 
mit. 70  L.R.A;  731;  18  L.R.A.(N.S.) 
297. 

§  9.  —servant,  agent,  partner,  or  cor- 
porate officer. 

Liability  of  servant  or  agent  for,  when  act- 
ing under  orders.    50  L.R.A.  645. 

Liability  of  partnership  for.    51  L.R.A.  472. 

Liability  of  officers  of  a  corporation  for  its 
trespasses.     28  L.R.A.  422. 

Criminal  liability  for  acts  of  servant,  agent, 
or  partner.     41  L.R.A.  657. 

§10.  Defenses. 

Possession  of  licensee  to  defeat  trespass  af- 
ter revocation  of  license.  28  L.R.A. 
519. 

Effect  of  continued  occupation  by  trespasser 
for  less  than  the  limitation  period  to 
estop  the  owner  to  maintain  trespass 
q.  c.  f.  23  L.R.A. (N.S.)  270. 

May  entry  upon  land  which  would  other- 
wise constitute  a  trespass  be  justified 
bv  private  necessity.  20  L.R.A.  (N.S.) 
152. 

§   11.  Measure  of  damages  for. 

For  trespass  on  real  property,  see  Damages, 
§§  71-79. 

Loss  of  profits  as  element  of  damages  for 
trespass  against  person.    52  L.R.A.  42. 


INDEX  TO  L.R.A.  XOTES. 


1317 


TRESPASS— cont'd 

II.  Criminal, 

§   12.  Generally. 

For  act  of  servant,  agent,  or  partner,  see 
Crimixal  Law,  §  29;  Intoxicating 
Liquors,  §  23. 

Criminal  liability  of  children  for  naalicious 
trespass.    36  L.E.A.  207. 

Criminal  liability  for  assault  committed  in 
regaining  possession  of  land  by  one  en- 
titled to  possession.  22  L.R.A.  (N.S.) 
728. 


TRESPASSERS. 


§   1.  Generally. 

Trespassing  animals,  see  Animals,  §  10. 
Extent    of   trespasser's   liability   for   conse- 
quential injuries,  see  Damages,  §  73. 
On  railroad  tracks,  see  Railroads. 

Need  of  color  of  title  to  adverse  posses- 
sion by.     15  L.R.A.(N.S.)    1233. 

Right  of,  to  notice  to  redeem  from  tax  sale. 
44  L.R.A.(N.S.)    676. 

Owner's  right  to  compensation  for  improve- 
ments placed  on  land  by  trespasser  be- 
fore condemnation.  66  L.R.A.  46; 
L.E.A.191GF.  981. 

Rights  and  remedies  of  owner  of  land  in  re- 
spect of  crops  grown  thereon  by  tres- 
passer.    L.R.A.1918A,  550. 

§    2.  AVho  are. 

Does  subsequent  wrongful  act  by  one  who 
enters  premises  under  license  of  owner 
or  occupier  made  him  a  trespasser  ab 
initio.     27  L.R.A.(N.S.)   442. 

§   3.  Duty  and  liability  to. 

Injury  to,  see  also  Cabbiebs,  III.  h. ;  Elec- 
tricity, III.:  Elevators,  §  4;  Negli- 
gence, I.  b.  3;  Railroads,  VII.  a,  4. 

Liability  of  carrier  for  arrest  of  trespasser 
on  train.    L.R.A.1917D,  227. 

Liabilitv  of  lessor  for  injuries  to.  L.R.A. 
1916F,  1132. 

Iiiabilitv  for  injurv  to  bystander  watching 
progress  of  work.     L.R.A.1916F,  117. 

Liability  of  railroad  company  to  trespasser 
injured  because  of  defects  in  track  or 
roadbed  while  walking  along  track. 
L.R.A.1916E,  461. 

Duty  of  railroad  company  to  give  crossing 
signals  for  benefit  of  trespassers  and 
licensees  near  crossing  but  not  about 
to  use  the  same.     L.R.A.1915D,  96 i. 

Liability  for  injury  to  trespasser  or  bare 
licensee  at  station  by  train.  41  L.R.A. 
(N.S.)   162. 

Care  due  to  sick  or  otherwise  helpless  tres- 
passer,    69  L.R.A.  513. 

Liability  for  injury  to  by  animals.  14 
L.R.A.  197. 

Duty  toward  trespassers  of  keeper  of  ani- 
mal known  to  be  dangerous.  2  B.  R.  C. 
28. 

Conmtlt  also  L.R.A.  Digests  of  Cases. 


TRESPASSERS— cont'd 

Liability  to  servants  of  other  person  enter- 
ing premises,  as  trespassers.  46  L.R.A. 
63. 

Causing  trespasser  to  jump  from  moving 
wagon  as  actionable  misconduct.  31 
L.R.A.(N.S.)    1064. 

Liability  for  injury  to  trespasser  by  dis- 
charge of  Hrearms.  3  L.R.A.  ( N.S.) 
1038. 

Liability  for  killing  or  injuring  by  means 
of  spring  guns,  traps,  and  other  dan- 
gerous instruments,     29  L.R.A.   154. 

Assault  in  removing  trespasser  from  one's 
premises.     L.R.A.1918E,  1054. 

Liability  of  municipality  for  acts  of  its  of- 
ficers in  removing  trespassers  from 
public  grounds.     35  L.R.A. (N.S.)    435. 

§   4.  Contributory    negligence   of. 

Intoxication  of  trespasser  amounting  to 
contributory  negligence.  40  L.R.A. 
132;  47  L.R.A. (N.S.)   734. 


TRESPASSING  ANIMALS. 

See  Animals,     §  10. 


TRESTLE. 


Nondelegability  of  duty  to  protect  servants 
against  defects  in.     54  L.R.A,  69. 

Duty  to  avoid  injury  to  persons  walking  on 
railway  trestle.     69  L.R!A.  526. 


TRIAL. 

/.  In  generat   §  1. 
II.  Conduct  and  disposal ,  §§  2- 18a. 
a.  In  general,  §§  2-5. 
J>.  Notice  of  trial;  stipulations; 
admissions,    §§    6-9. 

c.  Election   hetiveen   counts,    § 

lO. 

d.  Matters  as  to  xvitnesses;  re- 

ception of  evidence,  §§  11- 
14:. 

e.  Argument     of     counsel,     §§ 

15-17. 

f.  Objections     and    exceptions, 

§    IS. 

g.  Withdrawal  of  juror,  §  18a. 
III.  Questions  of  law  or  fact,  §§   19- 

55. 
a.  In  general,  §  19. 
h.  Weight  of  evidence,   §§   20, 

21. 

c.  Cause  and  effect,  §  22. 

d.  Reasonableness;      necessity, 

§§  23-25. 

e.  Relation,  character,  or  con- 

dition of  persons  or  things, 
§§   26-30. 

f.  Fraud;    good    faith;    intent; 

malice;  motive;  knowl- 
edge; notice;  authority,  §§ 
31-36. 


1318 


INDEX  TO  L.E.A.  NOTES. 


TRIAL,  III.— cont'd 

g.  Constmiction  of  contracts,  § 

37. 
h.  Libel  or  slander,   §   38, 
i.  Care;  negligence,   §§  39-49. 

1.  Of    -person    causing    in- 

mry,   §§   39-44. 

2.  Contrihutorti  negligence, 

§§    45-49. 
j.  Miscellaneous,   §§   50-55. 
IV.  Nonsuit;     direction     of     verdict; 
perem  ptory      instructions,      §  § 
50-59. 
V.  Instructions,   §§    60-68. 
a.  In  general,  §   60. 
ft.  As     to    uutnesses     and    evi- 
dence,   §§    61-63. 

c.  As  to  negligence,   §§   64-66, 

d.  Criminal  cases,  §§    67,   68. 
VI.  Findings,    §    69. 

VII.  Matters  as  to  jury,   §§    70-74. 
VIII.  Verdict,   §§    75-87. 

I.  In  general. 

§    1.  Generally. 

Record  of,  for  purpose  of  appeal,  see  Ap- 
peal AND  Error,  §§  18-23. 

Irregularities  or  mi.sconduct  on  trial  as 
ground  for  reversal,  see  Appeal  and 
Error.  §§  35-40. 

Withdrawal  of  attorney  from  case,  see  At- 
torneys, §  16. 

Continuance  of,  see  Continuance,  §§  2,  3. 

Procedure  in  criminal  cases  generally,  see 
Criminas,  Law,  §§  31-68. 

Protection  and  rights  of  accused  on,  see 
Criminal  Law,  §§  43-54. 

Exclusion  of  public  at  criminal  trial,  see 
Criminal  Law,  §  44. 

As  to  new  trial,  see  New  Trial. 

Grounds  for  new  trial,  see  New  Trial,  §§ 
3-11. 

Venue,  see  Venue. 

Regularity  of  trial  of  member  of  benevo- 
lent society  which  will  make  his  expul- 
sion on  suspension  conclusive  on  the 
courts.     52  L.R.A.(N.S.)    813. 

Misconduct  toward  juror  as  contempt.  46 
L.R.A.(N.S.)   517. 

As  affected  by  question  whether  suit  for 
statutory  penalty  is  a  civil  or  criminal 
prosecution.     27L.R.A. (N.S.)   745. 

Rebuking  or  fining  attorney  during  trial  as 
prejudicing  rights  of  partv.  42  L.R.A. 
(N.S.)    428. 


II.  Conduct  and  disposal. 


a.  In  general. 

Reversible    error    in    conduct    of    trial,    see 

Appeal  and  Error,  §  39. 
Nolle  prosequi,  see  Nolle  Prosequi. 

§   2.  Order  of  trial. 

Order  of  trial  in  prosecution  of  habitual 
criminal  or  prior  offender.  34  L.R.A. 
405;  24  L.R.A. (N.S.)   437. 

Begin  irith  this  hook  on  every  laiv  question. 


TRIAL,  II.  a— cont'd 

§   3.  Absence  of  judge. 

Conduct   of   judge   as    reversible   error,    see 

Appeal  and  Error,  §  38. 
Matters  as  to  judges  on  criminal  trial,  see 

Criminal  Law,  §  39. 

Temporary  absence  of  judge,  when  fatal  to 
trial.     41  L.R.A.  509. 

§  4.  Proceedings  outside  of  court 
room. 

Validity  of  proceedings  in  course  of  a  trial 
outside  of  the  court  room.  41  L.ll.A. 
563. 

§  5.  —communication  by  judge  with 
jury. 

Effect  of  judge  comm.unicating  with  jury  in 
not  open  court.  17  L.R.A. (N.S.)  609; 
L.R.A.1915D,  719. 

b.  Notice   of   trial;   stipulations; 
admissions. 

§   6.  Notice  of  trial. 

First  and  last  days  in  computing  notices  for. 
49  L.R.A.  221. 

§    7.  Stipulations. 

Validity  and  effect  of  stipulation  of  inca- 
pacity of  testator.  23  L.R.A. (N.S.) 
783. 

§   8.  Effect   of   admissions. 

Conclusiveness  of  judicial  admission  as  to 
strangers.  28  L.R.A. (N.S.)  327;  L.R.A. 
1915A,  200. 

§  9.  — on  burden  of  proof  and  right 
to  open  and  close. 

General  principle.     61  L.R.A.  513.  \ 

When  regulated  by  rule  of  court  or  ])rovi- 

sion  of  statute.     61  L.R.A.  515. 
How  and  when  admission  made.     61  L.R.A 

529. 
Extent   and   character    of    admission.        61 

L.R.A.  534. 
Effect  of  reply  to  restore  right  to  plaintiff. 

61  L.R.A.  559. 
Conditional  admission.     61  L.R.A.  561. 
In  equity  actions.     61  L.R.A.  561. 
On  writ  of  error  and  appeal  and   issue  of 

law.     61  L.R.A.  561. 
In  criminal  action.     61  L.R.A.  562. 


c.  Election  between  counts. 

§    10.  Generally. 

Election  by  prosecution  of  offense  relied  on 

where  evidence  of  different  crimes  given. 

62  L.R.A.  344. 
Election  between  counts  in  indictment  when 

objection    of    duplicity    is    raised.      49 

L.R.A.(N.S.)   455. 


d. 


Matters   as   to   witnesses;    reception 
of  evidence. 


11.  Matters  as  to  witnesses. 

As  to  witnesses  generally,   see  Witnesses. 


INDEX  TO  L.R.A.  NOTES. 


1310 


TRIAL,  II.  d— cont'd 

Power  of  court  to  call  and  examine  witness- 
es.    57  L.R.A.  875;  L.R.A.19]6A,  1101. 

Inquiries  of  witnesses  by  jurors.  1  L.R.A. 
(N.S.)    S30. 

§    12.  Reception  of  evidence. 

Matters  as  to  evidence  generally,  see  Evi- 
dence. 

Right  of  party  producing  documents  upon 
notice  to  use  and  control  their  use  as 
evidence.     L5  L.R.A.  138. 

Discretion  of  judge  as  to  admission  of  dec- 
larations as  part  of  the  res  gestae.  19 
L.R.A.  737. 

Admission  of  incompetent  or  prejudiced  tes- 
timony as  ground  for  relief  from  di- 
vorce.' L.R.A.1017B,  432. 

Error  in  reception  of  testimony  to  support 
attack  on  divorce  decree.  L.R.A.1917B, 
511. 

§   13.  —order   of  proof. 

As  to  evidence  of  character  and  reputation 
of  deceased  in  prosecution  for  homi- 
cide.    3  L.R.A.(N.S.)   358. 

§    14.  —  strikirtg  out  evidence. 

Right  to  have  direct  testimony  stricken  out 
where  cross-examination  is  interrupted 
wholly  or  in  part  by  sickness  or  death 
of  witness.     15  L.R.A.  (N.S.)   493. 

c.  Argument    of    counsel. 

§    15.  Generally. 

Effect  of  admissions  on   right  to  open  and 

close,  see  supra,  §  9. 
Reversible  error  as  to,  see  Appeal  and  Eb- 

KOR,  §  37. 

Comment  by  counsel  in  argument  as  to  re- 
semblance as  evidence  of  relationship. 
52  L.R.A.  505. 

L'se  of  books  on  inexact  sciences  in  argu- 
ment.    40  L.R.A.  570. 

Effect  of  provision  that  jury  shall  deter- 
mine the  law  and  the  facts  in  libel  cases 
on  right  of  counsel  to  argue  law  to 
jury.      33    L.R.A.  (X.S.)    212. 

Right  to  direct  verdict  or  enter  nonsuit  on 
opening  statement  of  counsel.  29 
L.R.A.  (X.S.)   218. 

Argument  of  counsel  as  part  of  record  on 
writ  of  error  to  state  court  from  United 
States  Supreme  Court.     63  L.R.A.  333. 

§  16.  Reference  to  result  in  another 
case. 

Reference  to  result  of  former  trial  of  the 
same  case.     38  L.R.A. (N.S.)   113L 

Reference  to  prior  conviction  o"  defendant 
for  another  offense.  38  L.R.A. (X.S.) 
1132. 

Harmless  reference.     38  L.R.A.  (N^.)   1132. 

Failure  of  defendant  to  request  curative  in- 
struction.    38  L.R.A. (N.S.)    1133. 

Failure  of  defendant  to  object  to  reference. 
38  L.R.A. (N.S.)    1134.* 

Effect  of  action  of  court  regarding  im- 
proper reference.  38  L.R.A.  (N.S.) 
1134. 

Consult,  also  L.R.A.  Digests  of  Cases. 


TRIAL,  II.  e— cont'd 

§    17.  Limiting   time   of. 

Right  to  limit  time  of  argument  of  counsel 
for  accused.  25  L.R.A. (X.S.)  1027:  42 
L.R.A. (X.S.)   209. 

/.  Objections    and    exceptions. 

§    18.  Generally. 

Objections  and  exceptions  for  purpose  of 
appeal,  see  Appeal  axd  Error,  §§  24. 
24a. 

To  action  of  court  in  calling  and  examining 
witnesses.  57  Jj.R.A.  884;  L.R.A.1916A. 
1207. 

Time  for  objection  to  service  on  nonresi- 
dent.    50  L.R.A.  585, 

g.  Withdrawal  of  juror. 

§   18a.  Generally. 

Power  to  withdraw  juror.     48  L.R.A.  432. 
Effect  of  withdrawal  of  juror  in  civil  cases. 

48  L.R.A.  436. 
Effect  of,  withdrawal   of  juror   in   criminal 
cases.     48  L.R.A.  440. 

///.  Questions  of  laic  or  fact, 
a.  In  general. 

§19.  Generally. 

Generally.     14  L.R.A.  559. 

The    scintilla    doctrine.     2    L.R.A.    340;    4 

L.R.A.  778. 
Right    of    jury    to    determine    existence    of 

facts  essential  to  the   admissibility   of 

dying    declarations.     16     L.R.A.  (N.S. ) 

660. 

b.  Weight   of   evidence. 

§   20.  Generally. 

As  to  weight  of  testimony  of  experts.  42 
L.R.A.  764. 

Power  of  court  to  disregard  testimony  be- 
cause contrary  to  scientific  principles. 
7  L.R.A.(N.S!;)  357;  15  L.R.A. (N.S.) 
701;  28  L.R.A.(N.S.)  648;  L.R.A. 
1916D,  301. 

Credibility  of  witness  of  unsound  mind  as 
question  for  jury.  40  L.R.A.  (N.S.) 
1030. 

Conclusiveness  upon  jury  of  testimony  of 
experts  as  to  the  value  of  professional 
services.     45  L.R.A. (N.S.)    181. 

Receipt  of  communication  sent  through  mail 
as  question  for  jury,  where  evidence  in 
rci)uttal  of  presumption  of  receipt  is 
offered.     49  L.R.A.  (N.S.)    468. 

In  action  to  have  written  instrument  im- 
porting absolute  conveyance  declared  a 
mortgage  or  pledge.     L.R.A. 1916B,  561. 

§   21.  As  to  sanity  or  insanity. 

Weight  of  expert  opinion  as  to  sanity  or  in- 
"^sanity.     39  L.R.A.  333. 

As  to  weight  and  effect  of  nonexpert  opin- 
ions as  to  sanity  or  insanity.  38  L.R.A. 
733,  747. 


1320 


INDEX  TO  L.R.A.  NOTES. 


TRIAL,  III.— cont'd 

c.  Cause  and  effect. 

§   22.  Generally. 

As  to  proximate  cause  of  injury  resulting 
from  discharging  passenger  at  im- 
proper place  or  one  not  his  destina- 
tion.    7  L.R.A.(X.S.)   1183. 

Whether  intoxication  contributed  to  injury. 

40  L.R.A.  141. 

d.  Reasonableness ;  necessity. 

%  23.  Reasonableness. 

Reasonableness  of  mimicipal  ordinance  as  a 
question  for  court  or  for  jury.  L.R.A. 
1915F,  1196. 

Reasonableness  or  excessiveness  of  punish- 
ment of  pupil.     65  L.R.A.  897. 

Reasonableness  of  use  after  breach  of  war- 
ranty or  noncompliance  with  contract 
for  sale  as  a  question  for  court  or  jury. 
36  L.R.A.(N.S.)   474. 

§   24.  —  of   time. 

Reasonableness  of  time  allowed  passenger  to 
alight  as  question  for  jury.  4  L.R.A. 
(N.S.)    140. 

Reasonable  time  to  retain  statement  of  ac- 
count as  questions  for  court  or  jury. 
29  L.R.A.(X.S.)   341. 

Reasonableness  of  period  fixed  in  contract 
for  presentation  of  claim  against  car- 
rier for  damages  to  shipment  of  live- 
stock as  a  question  for  jury.  7  L.R.A. 
(N.S.)    1041;    L.R.A.19i6D,  341. 

§   25.  Necessity. 

As  to  necessity  of  obstructing  street.  14 
L.R.A.  559'. 

Necessity  for  homicide  by  officer.  67  L.R.A. 
.306.' 

Province  of  jury  on  question  of  danger  and 
necessity  justifying  killing  in  self-de- 
fense.    3  L.R.A. (N.S.)   535. 

Question  whether  barbering  on  Sunday  is  a 
work  of  necessity.     L.R.A.1917B,  97. 

e.  Relation,  charactev,   or  condition  of 
jtersons  or  things. 

§   26.  Generally. 

As  to  relation  of  master  and  servant  be- 
tween parent  and  minor  child  commit- 
ting tort.     10  L.R.A. (N.S.)  942. 

Question  for  jury  as  to  termination  of  pas- 
senger's relation  as  such  on  reaching 
destination.     2  L.R.A.  (N.S.)   876. 

Right  of  court  to  hold  as  a  matter  of  law 
that  a  child  of  tender  years  is  in- 
capable of  rendering  valuable  services. 

41  L.R.A.(N.S.)    795. 


TRIAL,  III.  e— cont'd 

§  28.  As  to  who  are  independent  con- 
tractors. 

As  to  whether  persons  are  independent  con- 
tractors. 65  L.R.A.  508;  17  L.R.A. 
(N.S.)    382. 

§2  9.  Sanity  or  insanity. 

Weight  of  evidence  as  to,  see  supra,  §  21. 

As  to  sanity  or  insanity.     39  L.R.A.  324. 

As  to  insanity  of  defendant  in  criminal  case. 
39  L.R.A.  747;  44  L.R.A.  (N.S.)   119. 

Right  of  jury  to  abide  by  presumption  of 
defendant's  sanity  as  against  uncon- 
tradicted evidence  to  the  contrary.  24 
L.R.A. (N.S.)   545. 

Competency  of  witness  alleged  to  be  of  un- 
sound mind.     46  L.R.A.  (N.S.)   1029. 

§   30.   Of  things. 

As  to  intoxicating  character  of  liquor.  20 
L.R.A.  649. 

As  to  whether  medicinal  compound  is  an  in- 
toxicating liquor  within  prohibitory  or 
regulatory  statutes.     L.R.A.1917F,  250. 

As  to  whether  object  calculated  to  frighten 
horses.     15  L.R.A.  366. 

As  to  nuisance  or  no  nuisance.     36  L.R.A. 


594. 


24 


§   2  7.  As  to  who  are  fellow  servants. 

As  to  what  servants  are  in  common  employ 
ment.     50  L.R.A.  421. 


Obscenity  or  indecency  of  publications. 

L.R.A.  111. 
Extent  of  depot  grounds  as  a  question  for 

the  jury.     7  L.R.A.  (N.S.)   213. 

/.  Frand;  good  faith,;  intent;  malice; 
motive;  knowledge;  notice;  au' 
thorlty. 

§   31.  Fraud;    good  faith. 

Expressions  of  opinion  as  fraud.  35  L.R.A. 
441. 

Right  to  rely  on  fraudulent  statements. 
37  L.R.A.  613. 

Effect  of  statutes  making  fraud  a  question 
for  jury  where  mortgagor  of  merchan- 
dise is  left  in  possession  with  power  of 
sale.     18  L.R.A.  611. 

Bona  fides  of  one  accused  of  larceny  who 
claims  to  have  acted  in  good  faith  under 
color  of  right  as  question  for  jury.  41 
L.R.A.(N.S.)   554. 

§   31a.  Intent. 

Intent  of  parties  as  to  passing  of  title  un- 
der contract  for  sale  of  goods  to  be  pro- 
duced or  manufactured.  50  L.R.A. 
(N.S.)   113. 

§   32.  —  fraudulent  intent. 

Fraudulent  intent  in  transfer  of  property  in 
satisfaction  of  debt.     30  L.R.A.  363. 

Effect  of  statute  making  fraudulent  intent 
a  question  of  fact.     IS  L.R.A.  611. 


§   33.  Malice;  probable  cause. 

Malicious  prosecution :      is  tlie  question  of 
probable    cause    for    the    court    or 
jury.    L.R.A.1915D,  1. 
Whether  negligent  servant  was  a  vice  prin-    Implied  malice  in  homicide  as  a  question  of 

cipal.     .54  L.R.A.  63.  law  or  fact.     38  L.R.A.  (X.S.)   1095. 

Begin  icith  tJiis  hoolc  on  every  latv  qxiestion. 


INDEX  TO  L.R.A.  NOTES 


1321 


TRIAL,  III.  f— cont'd 
§    34.  Motive. 

Question  for  jury  as  to  motive  of  person 
charged  witii  extortion.  40  L.R.A. 
(N.S.)   805. 

§   3  5.  Knowledge  or  notice. 

As  to  actual  knowledge  or  notice  to  city  of 

defect  or  obstruction  in  highway.       20 

L.RA.(N.S.)   730. 
As  to  knowledge  of   insured   of   falsity  of 

statements    respecting    family    history. 

L.R.A.1917C,  877. 

§   36.  Autliority. 

As  to  authority  of  child  to  bind  parent  by 
contracts  other  than  those  for  neces- 
saries.    39  L.R.A.  (N.S.)    886. 

Whether  defendant  authorized  sale  of  liquor 
by  his  servant.     41  L.R.A.  676. 

g.  Construction  of  contracts. 

§  3  7.  Generally. 

Construction  of  fire  insurance  policy  con- 
taining- word  "additions"  as  question 
^  for  court  of  jury.     33  L.R.A.  (N.S.)  161. 

Question  whether  certain  articles  used  on  in- 
sured premises  were  within  prohibition 
of  the  policy.     L.R.A.1917C,  298. 

h.  Libel  or  slander. 

%   38.  Generally. 

Effect  of  provision  that  jury  shall  determine 
the  law  and  the  facts  in  libel  cases. 
33  L.R.A.(N.S.)  207;  51  L.R.A.(N.S.) 
369. 

Questions  for  court  or  jury  in  action  for 
defamation  based  on  statements  made 
in  character  of  a  witness.  4  B.  R.  C. 
972. 

Question  for  jury  as  to  amount  of  damages 
for  libel  or  slander  reflecting  on  in- 
fegritv  or  responsibility  of  merchant. 
44  L.R.A. (N.S.)    355. 

Application  of  the  defamatory  statement  to 
plaintiff  in  action  for  defamation  of  un- 
named person.    48  L.R.A. (N.S.)   373. 

Sufficiency  of  retraction  to  reduce  damages 
in  action  for  libel  as  a  question  for 
court  or  jury.     25  L.R.A.(N.S.)   796. 

i.  Care;  negligence. 
1.  Of  person  causing  injury. 

§   39.  Generally. 

Nonsuit  or  direction  of  verdict,  see  infra, 
§  57. 

Right  of  court  to  declare  defendant  negli- 
gent as  a  matter  of  law.    47  L.R.A. 
(N.S.)    1199. 
Exceptions  to  rule  as  to  function  of  court 

and  jury  in  negligence  cases.     15  L.R.A. 

332.' 
Liability   for  escape  and  explosion   of  gas. 

29  L.R.A.  354. 
Negligence     in     displaying     fireworks.        3 

L.R.A. (N.S.)   330.' 
Consult  also  L.R.A.  Digests  of  Cases. 


TRIAL,  III.  i,  1— cont'd 

Degree  of  care  exercised  by  corporate  direct- 
ors.    55  L.R.A.  758. 

Intoxication  as  affecting.  47  L.R.A. (N.S.) 
730. 

Sufficiency  of  evidence  in  action  against  car- 
rier for  act  of  drunken  passenger  to 
carry  case  to  jury.     4  B.  K.  C.  341. 

Question  for  jury  as  to  carrier's  duty  to 
assist  passenger  boarding  or  aligliting. 
48  L.R.A. (N.S.)  821. 

Negligence  in  ejection  of  sick  or  intoxi- 
cated passenger.     L.R.A.]  915C',  147. 

Disobedience  of  statute  or  ordinance  relat- 
ing to  explosives  as  evidence  for  jury 
in  private  action  for  injury.  48  L.R.A. 
(N.S.)    880. 

Negligence  in  failing  to  prevent  contract  of 
Avires  carrying  electric  current.  52 
L.R.A.(N.S.)   606. 

§   40.  Of  employer. 

Necessity  for  promulgation  of  rules  by  mas- 
ter.    43  L.R.A.  314. 

Master's  liability  for  injury  to  servant  by 
defective  ladder  not  forming  part  of 
structure.     13  L.R.A. (N.S.)   689. 

Right  of  jury  to  pass  upon  question  of  negli- 
gence in  use  of  a  switch  of  a  particular 
type  of  construction.  26  L.R.A.  (N.S.) 
600. 

Question  for  jury  as  to  liability  of  railroad 
company  for  injuries  to  employees 
caused  by  defects  in  roadbed  caused  or 
accompanied  by  rainfall.  49  L.R.A. 
(N.S.)    198. 

§  41.  —master's  liability  for  negli- 
gence of  fellow  servant. 

As  to  master's  nonliability  for  negligence  of 
coservants  in  respect  to  details  of  work. 
54  L.R.A.  114. 

As  to  what  is  a  railroad  hazard  within  stat- 
ute changing  fellow  servant  rule.  18 
L.R.A. (N.S.)   485. 

§   42.  Injury  on   highway. 

In  respect  of  ice  on  sidewalk.  21  L.R.A. 
277. 

Care  required  to  avoid  injury  to  person 
driving  frightened  horse.  69  L.R.A. 
531. 

Questions  for  jury  in  action  against  town- 
ship for  defects  in  highway.  I'S  L.R.A. 
(N.S.)   1250. 

Question  for  jury  as  to  negligence  in  leav- 
ing horse  unhitched  in  highway.  10 
L.R.A. (N.S.)   852. 

Using,  or  permitting  the  use  of,  space  under 
street.     61  L.R.A.  589. 

§   43.  Railroad   cases. 

Precautions  at  railroad  crossing.  15  L.R.A. 
429. 

Excessive  speed  resulting  in  injury  to  small 
cliildrcn  on  railroad  track.  25  L.R.A. 
789. 

Negligence  of  railroad  company  operating 
trains  or  cars  longitudinally  along  pub- 
lic street.    49  L.R.A. (N.S.)  660. 

Negligence  as  to  cattle  guards.  L.R.A. 
1915B,  136. 


1322 


INDEX  TO  L.R.A.  NOTES. 


TRIAL,  III.  i,  1— cont'd 
§   44.  Street  car  cases. 

Duty  of  street  railway  company  to  equip 
cars  with  safety  appliances.  L.ll.A. 
lOloA,  752. 

Negligence  toward  child  from  rate  of  speed 
of  street  car.     25  L.R.A.  665. 

Negligence  of  employees  in  cliarge  of  street 
car  in  failing  to  keep  lookout  for  child- 
ren.    25  L.R.A.  665.. 

As  to  negligence  in  permitting  street  cars 
to  become  overcrowded.  4  L.R.A.  (N.S.) 
399. 

2.  Conti'ibutovy  negligence. 

§   4  5.  Generally. 

Nonsuit  or   direction   of  verdict,   see  infra, 

§  58. 

As  to  care  of  person  found  killed  by  al- 
leged negligence  of  another.  10  L.R.A. 
261. 

Intoxication  as  affecting.  47  L.R.A.  (N.S.) 
730. 

Contributory  negligence  of  one  injured  by 
car  making  flying  switcli  or  detached 
car  moving  bv  its  own  momentum. 
L,R.A.1916C,  1034. 

§   4  6.  Of  passenger. 

Getting  on  or  off  street  car  in  motion.  38 
L.R.A.  788;   30  L.R.A. (N.S.)   271. 

Exposure  of  person  at  car  window.  16 
L.R.A.  92;  50  L.R.A.  (N.S.)   42. 

Exposing  part  of  bodv  bevond  side  of  car. 
5  L>v.A.(N.S.)    274. 

§   4  7.  Of   employee. 

Whether  servant  relying  upon  orders  is  guil- 
tv  of  contributorA'  negligence.  17  L.R.A. 
604. 

Direct  command  to  employee  as  making  as- 
sumption of  risk  and  contributory  neg- 
ligence questions  of  fact  only.  30 
L.R.A. (N.S.)   442. 

Disobedience  of  master's  rules  as  contribu- 
tory negligence.     24  L.R.A.  602. 

Negligence  of  servant  entering  or  remaining 
in  employment  with  knowledge  of  de- 
fects.    49  L.R.A.  35. 

Contributory  negligence  of  employee  in  con- 
tinuing work  after  master's  promise  to 
repair  where  danger  is  great  and  im- 
minent.    29  L.R.A. (N.S.)  603. 

Contributory  negligence  of  railroad  em- 
ployee injured  by  defects  in  roadbed 
caused  or  accompanied  by  rainfall.  49 
L.R.A.  (N.S.)    205. 

§   48.  Of  traveler  on  highway. 

Questions  for  jury  as  to  contributory  neg- 
ligence in  action  against  municipality 
for  defects  and  obstructions  in  streets. 
13  L.R.A. (N.S.)  1261;  21  L.R.A. (N.S.) 
675;  48  L.R.A. (N.S.)   640. 

Of  driver  of  automobile  at  railroad  cross- 
ing.     46   L.R.A. (N.S.)    702. 

Attempting  to  cross  in  front  of  observed 
street  car.    L.R.A.1917C,  713. 

Begin   with  this  book  on  every  law  question. 


TRIAL,  III.  i,  2— cont'd 
§    49.   Of  child. 

Contributory  negligence  of  infr.nts  general- 
ly.   L.R.A.1917F,  84. 

Of  child  injured  while  walking  along  rail- 
road track.     L.R.A.1917F,  147. 

As  to  what  acts  of  child  in  attempting  to 
cross  street  car  tracks  are  negligence. 
11  L.R.A.(N.S.)   168;  L.R.A.1917F,  175. 


j.  Miscellaneous. 

§   5  0,  Generally. 

Is  issue  upon  grounds  of  attachment  for 
court  or  jury.    L.R.A.1918B,  344. 

Legality  of  enactment  of  bill  as  question  of 
law.     40  L.R.A.(N.S.)  37. 

As  to  account  books.     52  L.R.A.  608. 

As  to  affixing  of  internal  revenue  stamp  on 
instrument.     48  L.R.A.  318. 

Question  for  jury  as  to  time  of  alteration  in 
written  instrument.  39  L.R.A.(N.S.) 
100. 

Condonation  of  servant's  breach  of  duty  as 
a  question  for  the  jury.  8  L.R.A.  (N.S.) 
1007. 

Master's  liability  for  wrongful  or  negligent 
act  of  servant  towards  one  having  no 
contract  relation  with  master.  27 
L.R.A.  202. 

As  to  what  is  surface  water.     25  L.R.A.  529. 

Boundary  on  river  or  tidewater.  42  L.R.A. 
511. 

Value  of  the  use  or  rental  of  property.  44 
L.R.A. (N.S.)   499. 

Question  for  jury  as  to  whether  transac- 
tions pursuant  to  agreement  with  lo- 
cal dealer  to  sell  product  of  foreign 
corporation  within  the  state  constitute 
doing  business  therein.  44  L.R.A.  ( N.S. ) 
1096. 

Receipt  of  communication  sent  through 
mail  as  question  for  jurv.  49  L.R.A. 
(N.S.)    4.58. 

Question  whether  porch  or  steps  were  used 
in  common  by  tenants.  L.R.A.1915B, 
100. 

Reasonableness  and  propriety  of  ejection  of 
sick  or  intoxicated  passenger.  L.R.A. 
1915C,  147. 

§   51.  Contractual  matters  generally. 

Construction  of  contract  having  some  provi- 
sions peculiar  to  consignment  and 
agency  contracts  and  others  to  sale  con- 
tracts.   L.R.A. 1917B,  626. 

As  to  stated  account.     27  L.R.A.  825. 

Question  whether  contract  has  been  sub- 
stantiallv  performed  as  one  for  court 
or  jury."   24  L.R.A. (N.S.)    350. 

Liability  of  corporations  on  contracts  of 
promoters.  26  L.R.A.  544;  50  L.R.A. 
(N.S.)   979. 

As  to  implied  contract  for  through  carriage 
by  initial  carrier.     31  L.R.A.  (N.S.)    5. 

As  to  passing  of  title  on  sale  of  personal 
property.     22  L.R.A.  415. 

Existence  of  warranty  on  sale  of  second- 
hand article.     L.R.A.IOIji?,  4S0. 


INDEX  TO  L.E.A.  NOTES. 


1323 


TEIAL,  III.  j— cont'd 
§   52.  Bills  and  notes. 

Do  presumptions  which  attach  to  commer- 
cial paper  necessarily  entitle  the  liolder 
to  go  to  the  jury.    L.R.A.1917E,  537. 

Whether  acceptance  is  payment  of  debt.  35 
L.R.A.(N.S.)    107. 

As  to  waiver  or  want  of  demand  and  notice 
of  dishonor.     29   L.R.A.   315. 


§   53.   Insurance    matters. 

Construction  of  policy,  see  supra,  §  37. 

As  to  constructive  total  loss  of  insured 
building.    56  L.R.A.  792. 

Question  for  jury  as  to  breach  of  provision 
in  insurance  policy  forbidding  use  of 
intoxicating  liquor.  15  L.R.A. (X.S.) 
212. 

Questions  for  jury  in  case  of  attempt  to  re- 
ject or  rescind  policy  not  conforming  to 
representatives  of  insurers.  41  L.R.A. 
(X.S.)  1140. 

Questions  for  jury  in  action  growing  out  of 
provision  in  fire  insurance  policy  pro- 
hibiting presence  of  designated  articles 
on  premises.     3  B.  R.  C.  50. 

Question  whether  vacancy  during  change  of 
tenants  violates  vacancy  clause  in  fire 
policies  covering  rented  premises. 
L.R.A. 191 5B,  849. 

Question  as  to  keeping  of  prohibited  arti- 
cles on  insured  premises.  L.R.A. 1917C, 
298. 

§   54.  Criminal  cases. 

Direction  of  verdict,  see  infra,  §  59. 

Questions  afi'ecting  dving  declarations.     56 

L.R.A.   434. 
Province  of  court  and  jury  with  respect  to 

proof  of  corpus  delicti.    68  L.R.A.  79. 
Possession    of    recently    stolen    property    as 

evidence  of  burglary,  question  for  jury 

as  to.     12  L.R.A. (X.S.)   209. 
Question  whether  barbering  on  Sunday  is  a 

work  of  necessity.     L.R.A.1917B,  97. 
In  prosecution  for  violation  of  act  regulat- 
ing speed  of  automobiles.    L.R.A.1918D, 

149. 

§   55.  — homicide  and  assault. 

Xecessity  for  homicide,  see  supra,  §  25. 
Malice,  see  supra,  §  33. 

Where  self  defense  is  set  up  by  person  who 
began  conflict.     45  L.R.A.  706. 

As  to  withdrawal  from  controversy  by  de- 
fendant in  homicide  relying  on  self-de- 
fense.    45  L.R.A.  712. 

As  to  what  weapons  are  deadly  under  law 
Of  homicide  and  assault.  21  L.R.A. 
(X.S.)    499. 

Effect  of  statutory  declaration  that  murder 
committed  by  certain  means  or  while 
engaged  in  commission  of  felony  shall 
be  nuirder  in  the  first  degree,  upon 
riglit  of  jury  to  pa.ss  upon  the  degree. 
12  L.R.A.  (X'.S.)  935;  L.R.A.1916D,  610.  ' 

Consult  also  L.R.A.  Digests  of  Cases. 


TRIAL— cont'd 

IV.  Nonsuit;    direction    of    verdict; 
peremptory  instructions, 

§   56.  Generally. 

Dismissal  or  discontinuance  of  action,  see 
Dismissal  akd  Discoxtixuance. 

Conclusiveness  of  judgment  of  nonsuit,  see 
Judgment,  §  31a. 

Liability  of  replevin  bond  where  nonsuit  is 
sufi'ered  without  a  judgment  for  the  re- 
turn of  the  property.  L.R.A.1917A, 
1191. 

Judgment  affirming  a  nonsuit  as  the  law 
of  the  case.    48  L.R.A. (X.S.)  464. 

Effect  of  provision  that  jury  shall  determine 
the  law  and  the  facts  in  libel  cases  on 
right  of  court  to  grant  nonsuit  or  di- 
rect verdict.     51  L.R.A. (X.S.)    .369. 

Right  of  attorney  to  enter  retraxit.  25 
L.R.A.( X.S.) '1313. 

Right  to  direct  verdict  or  enter  nonsuit  on 
opening  statement  of  counsel.  29 
L.R.A.  (X.S.)   218. 

Right  of  plaintiff  to  take  a  nonsuit  where 
the  defendant  has  interposed  a  coun- 
terclaim entitling  him  to  affirmative  re- 
lief, where  right  to  such  dismissal  is 
not  defined  or  denied  by  statute.  15 
L.R.A. (X.S.)    340. 

Power  of  court  to  grant  nonsuit  in  libel 
cases.     33  L.R.A. (X.S.)   208. 

Jurisdiction  of  court  to  enter  final  judgment 
upon  dismissal  or  nonsuit.  26  L.R.A. 
(X.S.)    914. 

§   5  7.  Negligence. 

Does  the  presumption  of  negligence  arising 
from  the  fact  that  a  fire  was  set  by  a 
railroad  company's  locomotive  necessa- 
rilv  make  the  question  of  negligence 
one  for  the  jury.    5  L.R.A.(N.S.)  99. 

§   58.  Contribntory  negligence. 

Riglit  to  rely  on  presumption  of  self-pres- 
ervation, in  an  action  for  negligently 
killing,  in  order  to  prevent  nonsuit, 
where  no  eyewitnesses  to  the  killing. 
11  L.R.A.(X.S.)  844. 

Right  to  peremptory  instructions  in  regard 
to  contributory  negligence.  33  L.R.A. 
(X.S.)    1214. 

§   59.  Criminal  cases. 

Right  of  court  in  criminal  case  to  direct  a 
verdict  of  guilty.    22  L.R.A.(X.S.)  304. 

V.  Instructions. 

a.  In  general, 

§   60.  Generally. 

Reversible  error  as  to,  see  Appeal  axt> 
Ekror,  §  36. 

Propriety  of  referring  in  argument  to  jury 
to  instructions  of  tlie  court  in  previous 
trials  in  the  same  cause.  L.R.A.1918D, 
63. 

Charging  jury  on  Sunday.  L.R.A.1915D, 
361. 


1324 


INDEX  TO  t.R.A.  NOTES. 


TRIAL,  V.  a— cont'd 

As  to  verdict.     24  L.R.A.{N.S.)   62. 

Effect  of  provision  that  jury  shall  determine 
the  law  and  the  facts  in  libel  cases  on 
right  of  court  to  instruct  the  jury  and 
the  effect  of  instructions.  33  L.R.A. 
(X.S.)   209. 

Right  to  reversal  or  new  trial  where  jury 
disregard  erroneous  instructions.  21 
L.R.A.(N.S.)    852. 

Instructions  to  jury  in  action  to  have 
instrument  importing  an  absolute  con- 
vevance  declared  a  mortgage  or  pledge. 
L.R.A.1916B,  557. 

Propriety  of  instructions  in  action  to  re- 
cover damages  for  mental  anguish  in 
telegraph  case.    49  L.R.A.  (N.S.)  281. 


b.  As  to  tvitnesses  and  evidence. 

§   61.  Generally. 

Instruction  in  action  for  malicious  prosecu- 
tion, that  malice  may  be  inferred  from 
want  of  probable  cause.  L.R.A.1918A, 
872. 

As  to  presumption  and  burden  of  proof  in 
bastardy  proceedings.  L.R.A.1918C, 
892. 

As  to  value  and  weight  of  expert  testimony 
as  to  handwriting  and  tvpewriting. 
L.R.A.1918D,  655. 

Does  an  instruction  that  a  witness  is  pre- 
sumed to  speak  the  truth  invade  the 
province  of  the  jury.  14  L.R.A. (N.S.) 
947. 

Necessity  of  qualifying  by  reference  to  con- 
scious falsity  an  instruction  under  a 
statute  enacting  the  maxim,  Falsus  in 
tmo.  falsus  in  omnibus,  without  that 
qualification.      29   L.R.A. (N.S.)    080. 

Cautionary  instructions  as  to  credibility  of 
defense  witness  indicted  for  same  of- 
fense.    43   L.R.A. (N.S.)    146. 

Right  of  accused  in  criminal  case  to  an 
instruction  as  to  the  presumption  of 
his  good  character.  46  L.R.A. (N.S.) 
343. 

§  62.  Necessity  of,  as  to  law  of  cir- 
cumstantial evidence. 

When  evidence  is  entirely  circumstantial. 
69  L.R.A.  193. 

When  the  evidence  of  guilt  of  accused  is 
direct.     69  L.R.A.  200. 

Where  evidence  is  both  direct  and  circum- 
stantial.    69  L.R.A.  209. 

Where  instruction,  or  request  to  charge, 
simplv  states  abstract  proposition.  69 
L.R.A.  210. 

Testimony  of  accomplice.     69  L.R.A.  211. 

Necessitv  of  request  for  instruction  or  ex- 
ception.    69  L.R.A.  211. 

Refusal  of  request,  the  substance  of  which 
is  elsewhere  charged.    69  L.R.A.  213. 

Accused  in  juxtaposition  to  main  or  inculpa- 
tory fact.    69  L.R.A.  213. 

As  to  question  of  intent.     69  L.R.A.  215. 

Miscellaneous  cases.     69  L.R.A.  216. 

Begin  tvith  this  hooh'  on  every  law  question. 


TRIAL,  V.  b— cont'd 

§  63.  Right  to  caution  jury  as  to  be- 
lieving testimonj  of  accused  In  his 
own  behalf. 

Instructing  generally  as  to  credit  to  be 
given  to  testimonv  of  accused.  19 
L.R.A. (N.S.)    804. 

Instruction  singling  out  testimonv  of  ac- 
cused generally.    19  L.R.A. (N.S.)  809. 

Instruction  as  to  disregarding  testimonv  of 
accused.     19  L.R.A. (X.S.)    810. 

Instruction  as  to  contradiction  of  accused. 
19  L.R.A.  811. 

Instructing  as  to  corroboration  of  testimony 
of  accused.     19  L.R.A. (N.S.)    812. 

Instruction  as  to  relation  of  accused  to 
cas.e.     19  L.R.A. (N.S.)   814. 

Instructing  as  to  former  conviction  or  other 
charges  against  accused.  19  L.R.A. 
(N.S.)   825. 

Instructing  as  to  demeanor  of  accused.  19 
L.R.A.  (N.S.)   825. 

Instructing  as  to  statutorv  statement  by 
accused.     19  L.R.A!(N.S.)  827. 


c.  As  to  negligence. 

§   64.  Generally. 

In   action   for  negligence   respecting  escape 

and  explosion  of  gas.    29  L.R.A.  .354. 
In  action  for  Injury  to  passenger  from  door 

of  vehicle.    L.R.A.1918D,  535. 
Instructions  in  actions  against  townsliin  for 

defects   in   highwav.      13   L.R.A. (N.S.) 

1275. 

§   65.  Of  employer. 

In  respect  of  knowledge  as  an  element  of  em- 
ployer's liability.    41  L.R.A.  153. 

Failure  to  qualify  master's  duty  as  to  places 
and  appliances  by  reference  to  ordinary 
care  or  reasonable  safetv.  6  L.R.A. 
(N.S.)  602. 

Propriety  of  instructions  as  to  delegation  of 
master's  duty.     54  L.R.A.  62. 

As  to  master's  nonliability  for  negligence  of 
coservants  in  respect  to  details  of 
work.     54  L.R.A.  114. 

g   66.  Contributory    negligence. 

Misleading  instructions  as  to  contributory 
negligence  where  burden  is  on  defend- 
ant.   33  L.R.A.(N.S.)   1178. 

Instructions  to  jury  as  to  servant's  contrib- 
utory negligence  in  failing  to  remem- 
ber dangerous  conditions.  41  L.R.A. 
(N.S.)    86. 

As  to  contributory  negligence  of  children. 
L.R.A.1917F,  37. 

d.  Criminal   cases. 

§67,  Generally. 

Instructions  as  to  evidence  or  witnesses, 
see  supra,  §§  61-63. 

Instructions    as    to    character    of    accused. 

20   L.R.A.  609. 
As   to   alibi.      41    L.R.A.    539. 
Necessity  of  instruction  as  to  other  crimes 

in    criminal    prosecution.      62    L.R.A. 

350. 


INDEX  TO  L.R.A.  NOTES. 


1325 


TRIAL,  V.  d— cont'd 

Correctness  of  instruction  as  to  evidence  of 
otlier   crime.     62   L.R.A.  353. 

Effect  of  instruction  to  disregard  evidence 
of   other   crimes.      6£    L.R.A.   355. 

Right  of  accused  in  criminal  case  to  an  in- 
struction as  to  the  presumption  of  his 
good  character.     46  L.R.A.(N.S.)    343. 

As  to  character  of  accused  where  evidence 
is  circimistantial.     20  L.R.A.  614. 

Necessity  for  instructing  as  to  "flight"  rule. 
2  L'R.A.(N.S.)   53. 

Propriety  of  instruction  to  the  effect  that  a 
reasonable  doubt  is  one  for  which  a 
reason  can  be  assigned.  16  L.R.A. 
(N.S.)    260. 

§   68.  Homicide. 

In  prosecution  for  homicide  in  commission 
of  an  unlawful  act.  63  L.R.A.  401;  45 
L.R.A.(N.S.)    219. 

Necessity  of  instructing  as  to  homicide  in 
defense  of  dwelling.  2  L.R.A.(X.S.) 
73. 

Necessity  of  instructing,  on  trial  for  homi- 
cide, on  rule  as  to  standing  ground 
when  in  the  right.     2  L.R.A.(N.S.)   58. 

What  term  "malice  aforethought"  in  de- 
fense of  murder  now  means  and  how 
the  courts  should  deal  with  it  in  char- 
ging the  jury.     38  L.R.A. (N.S.)    1054. 

Necessity  of  defining  malice  aforethought  in 
prosecution  for  murder.  38  L.R.A. 
(N.S.)     1104. 

Instruction  in  homicide  cases  upon  rule  of 
reasonable  doubt  with  reference  to 
cause  of  death.     49  L.R.A. (N.S.)    913. 

Submission  of  question  of  lower  degree  to 
jury  in  prosecution  for  homicide.  21 
L.R.A.(N.S.)   18. 

VI.  Findings. 

§   69.  Generally. 

Reversible  error  as  to,  see  Appeal  and  Er- 
ror,  §   40. 

Admissibilitv  of,  in  evidence,  see  Evidence, 
§    133.  ^ 

Necessity  of  finding  facts  before  adjudg- 
ing one  guilty  of  contempt.  30  L.R.A. 
(N.S.)    564. 

VII.  Matters  as  to  jury. 

§   70.  Generally. 

Communication    by    judge    with    jury,    see 

supra,    §    5. 
Argument  to  jury,  see  supra,  §§  15-17. 
Questions  for  jury,  see  supra,  §§  19-55. 
Instructions  to,  see  supra,  §§  60-68. 
Withdrawal  of  juror,  generally,  see  supra, 

§  18a. 
Witlidrawal  of  juror  in  criminal  case,  see 

Criminal  Law,  §  38. 
Reversible  error  as  to,  see  Appeal  and  Eb- 

KOR,  §  39. 
Matters  as  to  jury  on  criminal  trial,  see 

Criminal  Law,  §§  36-38. 
Experiments  in  presence  of,  and  by,  jurors, 

see  Evidence,  §§  158,  158a. 
View  by  jury,  see  Evidence,  §  159. 
Consult  also  L.R.A.  Digests  of  Cases. 


TRIAL,  VII.— cont'd 

Riglit  to  trial  by  jury,  see  Jury,  §§  3-7. 

Impaneling,    selection,    and    competency    of 

jurors,  see  Jury,  §§  8-14. 
Number  and  agreement  of  jurors,  see  Jury, 

,    §  15. 
New  trial  for  matters  as  to  jury,  see  New 
Trial,  §§  7-9. 

Inquiries  of  witnesses  by  juror.  1  L.R.A. 
(N.S.)    839. 

Comparison  of  handwriting  bv.  62  L.R.A. 
867. 

Effect  of  judge  communicating  with,  not  in 
open   court.    17   L.R.A.(N.S.)    609. 

Interference  with  as  a  crime.  25  L.R.A. 
439. 

Power  of  court  to  set  aside  award  in  con- 
demnation proceedings  for  misconduct 
of  jurors.     27   L.R.A. (N.S.)    567. 

Right  of  jury  on  retirement  to  take  family 
Bible  or  other  religious  book  intro- 
duced as  evidence.     41  L.R.A.  456. 

Right  of  jury  to  have  reporter's  shorthand 
notes  read  to  them.  21  L.R.A.(N.S.) 
931. 

§  71.  Right  of  jurors  to  act  on  their 
own  knowledge. 

Right  of  jurors  to  act  on  their  own  knowl- 
edge of  the  facts  in,  or  relevant  to, 
the  issue.  31  L.R.A.  489;  37  L.R.A. 
(N.S.)    790. 

g   72.  Coercion  of  jury. 

Coercion    of    disagreeing    jury.     16    L.R.A. 
643. 

g    73.  Separation   of  jury. 

Separation    of    jury    in   criminal    trial,    see 

Criminal  I  aw,  §  37. 
In  ejectment,  see  Ejectment,  §  8. 

g  74.  Discharge  of  jury. 

Discharge  of  jury  as  former  jeopardy,  see 
Criminal  Law,   §  63. 

Effect  of  discharge  on  right  to  correct  ver- 
dict in  criminal  case.     23  L.R.A.  732. 

How  long  jury  will  be  permitted  to  deliber- 
ate before  a  mistrial  may  be  ordered  in 
a  criminal  case.     11  L.R.A.  (N.S.)    178. 

VIII.  Verdict. 

g   75.  Generally. 

Direction  of  verdict,  see  supra,  IV. 

As  to  sufficiency  of  evidence  to  support  ver- 
dict on  appeal,  see  Appeal  and  Error, 
§§    31-34. 

Reversible  error  as  to,  generally,  see  Appeal 
AND  Error,  §  40. 

Excessive  or  inadequate  damages  as  ground 
for  reversal,  see  Appeal  and  Error, 
§  32. 

Instances  of  excessive  or  inadequate  dam- 
ages, see  Damages,  §§  64,  65a. 

As  to  damages  allowed  by  verdict,  generally, 
see  Damages. 

Constitutionality  of  statutes  as  to,  see 
Constitutional  Law,  §  185. 

Judgment  notwithstanding,  see  Judgment, 
§    33. 


132G 


INDEX  TO  L.E.A.  NOTES. 


TRIAL,  VIII.— cont'd 

Number  and  agreement  of  jurors  necessary 

to  verdict,  see  Jury,  §  15. 
Errors  in  verdict  as  ground  for  new  trial, 

see  New  Trial,  §§  4-6. 
Impeachment  of  verdict  of  testimony  or  ftflS- 

davit  of  jurors,  see  New  Trial,  §  13. 
In  replevin  suit,  see  Replevin,  §  15. 

Habeas  corpus  because  of  defective  verdict. 
L.R.A.1916F,  967. 

Instructions  as  to.     25  L.R.A.(NS.)   62. 

Set-off  against  verdict  in  hands  of  assignee. 
23    L.R.A.    335. 

In  prosecution  under  statute  enhancing  pen- 
alty for  crime  bv  prior  offenders.  34 
L.R.A.  407;  48  L'R.A.(N.S.)  207. 

Garnishment  of  verdict  before  judgment. 
4  L.R.A.  (N.S.)    624. 

Treating  of  jury  after  rendition  of  verdict 
as  ground  for  new  trial  or  reversal.  19 
L.R.A.(N.S.)  737;  49  L.R.A. (N.S.)  890. 

Effect  of  verdict  to  cure  duplicity  in  in- 
dictment.    49  L.R.A.(N.S.)    455. 

§   7  6.  Reception  of  verdict. 

Necessity'  of  presence  of  accused,  see  Crimi- 
nal Law,  §  46. 

Delegation  of  power  to  receive  verdict  in 
criminal  case.     L.R.A.1917E,  1090. 

§   7  7.  —time  of  receiving. 
Receiving    verdict    on    Sundav.      7    L.R.A. 
327;*   39   L.R.A. (N.S.)    844. 

§   7  8.  Sufficiency  of  verdict. 

Of  special  verdict,  see  infra,  §  81. 

Omission  of  dollar  sign  or  word  "dollars" 
from  verdict.     35  L.R.A.(N.S.)    653. 

Sufficiency  of  verdict  to  permit  enhancing 
penalty  for  crime  committed  by  habit- 
ual criminal  or  prior  offender.  48 
L.R.A.(N.S.)    207. 

§    7  9.  Chance   verdict. 

Chance  verdict.     11  L.R.A.  706.* 

§   80.  Special  verdict. 

Amendment  or  correction  of,  see  infra,  §  84. 

li 


In  prosecution  for  sale  of  intoxicating 
quors  without  a  license  ^<^  T.  T! 
(N.S.)    100. 


36    L.R.A. 


I   81.  —sufficiency    of. 

What    special    verdict    must    contain. 
L.R.A.  (N.S.)    1. 


24 


§   82.  General    and    special    verdicts. 

General  and  special  verdicts.    6  L.R.A.  573.* 
When   special  verdict   will   control   general 
verdict.    6  L.R.A.  574.* 

§   83.  Amendment     or      correction     of 
verdict. 

Power  of  court  to  amend  verdict  bv  adding 

.       interest.     25   L.R.A.  ( N.S.")    311. 
Curing  separate  verdicts  rendered  in  action 

for  joint  tort.     10  L.R.A.(N.S.)   191. 
Begin  with  this  hooTc-  on  every  law  question. 


TRIAL,  VIII.— cont'd 

Amendment  of  verdict  or  judgment  to  cure 
defect  for  which  motion  in  arrest  of 
judgment  has  been  mhde.  67  L.R.A. 
183. 

Power  of  trial  court  to  cure  excessive  ver- 
dict by  requiring  or  permitting  a  re- 
duction where  true  measure  of  damages 
not  ascertainable  bv  mere  computation. 
39  L.R.A. (N.S.)   1064. 

Effect  of  discharge  of  jurv  on  right  to  cor- 
rect verdict.     23  L.R.A.  732. 

§   84.  —  special  verdict. 

Correction  of  special  verdict.    24  L.R.A. (N. 
•       S.)   72. 
In  criminal  cases.    23  L.R.A.  735. 

§   85.  — sealed  verdict. 

Correction  of  special  verdict.  24  L.R.A. 
(N.S.)    72. 

Right  to  amend  sealed  verdict  after  sepa- 
ration of  jurors.     3  L.R.A.(N.S.)   1086. 

§   86.  —in  criminal  cases. 

General  rules.     23  L.R.A.  723. 
By  the  court.     23  L.R.A.  723. 
By  the   jury  under   the  court's  directions. 
23  L.R.A.  727. 
After   separation   of   jurors.     3  L.R.A. 
(N.S.)    1086. 

§   8  7.  Effect  of  verdict. 

Effect  of  verdict  of  jurors  acting  on  their 

own  knowledge.     37  L.R.A. (N.S.)    794. 
Effect  of  verdict  on  assignability  of  cause 

of  action  for  personal  tort.     14  L.R.A, 

514. 
Effect    of    verdict    for    servant    in    action 

against  master  and  servant  for  latter's 

negligence  or  misfeasance.    9  L.R.A.  (N. 

S.)    880;   30  L.R.A.  (N.S.)    404;   L.R.A. 

1917E,  1029. 


TRIAL    BY    JURY. 

See  Jury,  §§  3-7. 


TRIAL)    DE    NOVO. 

See  Appeal  and  Error,  §  26. 
♦-•-♦ 


TRICK. 

Forgery  by  obtaining  signature  through. 
L.R.A.(N.S.)    1075. 


TRICYCLE. 


Municipal  liability  for  injury  to  person 
using  tricycle  by  defect  or  obstruction 
in  street.     20  L.R.A. (N.S.)   756. 


INDEX  TO  L.R.A.  NOTES. 


1327 


TRIMMING   TREES. 

Rifflit  of  munic-ipalitv  to  trim  trees  witliin 
limits  of  highway.  20  L.R.A.(N.S.) 
809. 

Authority  of  municipal  officers  to  trim  trees 
on  private  property  to  facilitate  use  of 
street.     20  L.R.A."(N.S.)    814. 


TROUBLE. 


As  element  of  damages  for  carrying  passen- 
ger beyond  destination.  17  L.R.A.  (N. 
S.)    1230. 


TROVER  AND  CONVERSION. 

7.  In  general,  §   1. 
II.  Right  of  action,   §§   2-8. 
III.  Liability;  defenses,  §§  9,  10. 

I.  In  general. 

§    1.  Generally. 

Liability  of  bailee  for  conyersion,  see  Bail- 
ment, §  10. 

Conflict  of  laws  as  to  conversion,  see  Con- 
flict or  Laws,  §  21. 

Measure  of  damages  for  conversion,  see 
Damages.  §  70. 

Loss  of  profits  as  element  of  damages  for 
conversion,   see   Damages,   §    100. 

Landlord's  liabilitj'  for  conversion  of  prop- 
erty, see  Landlord  and  Tenant,  §§  70, 
71.^ 

Pledgee's  conversion  of  pled-^ed  property  by 
invalid  sale,  see  Pledge  and  Collater- 
al Seccrity,  §  13. 

Action  for  conversion  not  prosecuted  to 
judgment  as  a  conclusive  election  of 
remedies.     L.R.A.1917D,  657. 

Conyersion  of  proceeds  of  property  acquired 
by  defendant  under  an  agreement  to 
sell  the  same  and  turn  over  proceeds, 
as   larceny.     52  L.R.A.(N.S.)    1222 

Conversion  of  stranded  logs  or  timber. 
43  L.R.A.(N.S.)    461. 

Conversion  of  coin,  obligation  to  pay  in 
coin.     29  L.R.A.  522. 

Right  of  administrator  de  bonis  non  to  as- 
sets converted  bv  predecessor.  40 
L.R.A.  72,  73. 

Effect  of  subsequent  conversion  of  property 
taken  in  good  faith.  41  L.R.A.(N,S,) 
555 . 

Conversion  as  ground  of  attachment.  30 
L.R.A.  490. ' 

Right  of  one  garnished  in  respect  of  prop- 
erty wrongfully  taken  from  debtor  to 
set  oif  his  own  claim  against  latter. 
30  L.R.A.  (N.S.)    1185. 

Voidability  as  preference  by  bankrupt,  of 
transfer  made  in  satisfaction  of  claim 
for  misappropriation  of  property.  30 
L.R.A.  (N.S.)    1053. 

Departure  in  reply,  in  actions  for  conver- 
sion.    8  L.R.A. (N.S.)   291. 

Joinder  of  original  converter  of  property 
in  action  for  conversion.  L.R.A. 191 SF, 
305. 

Consult  also  L.R.A.  Digests  of  Cases. 


TROVER  AND  CONVERSION— cont'd 
//.  Right  of  action. 

§    2.  Generally. 

Against  person  unlawfully  cutting  trees 
from  land.     19  L.R.A.  654. 

To  recover  goods  purchased  with  knowledge 
of  inability  to  pav  for  them.  44  L.R.A. 
(N.S.)   1.^ 

Action  in  trover  against  mortgagee  of  chat- 
tels who  has  unlawfully  seized  tlie  prop- 
erty while  assuming  to  act  under  mort- 
gage.    L.R.A. 1915E,  198. 

§    3.  For   what. 

Tax  receipts.     45  L.R.A. (N.S.)   785. 

Gambling  device.     45  L.R.A. (N.S.)   334. 

Lottery  ticket.     45  L.R.A. (N.S.)    776. 

For  dogs.    40  L.R.A.  507. 

For  bees.     40  L.R.A.   688. 

For  crops.     23  L.R.A.  471. 

Against  bank  for  special  deposit.  32  L.R.A. 
776. 

Right  to  maintain  trover  to  recover  posses- 
sion of  paid  bill  or  note.  16  L.R.A.  (N. 
S.)    1043. 

Remedy  of  payee  of  check  against  one  who 
has  taken  it  on  indorsement  of  unau- 
thorized  agent.      13   L.R.A. (N.S.)    211. 

For  timber  which  has  been  cut  but  not  re- 
moved before  expiration  of  time  limit. 
29  L.R.A. (N.S.)   550. 

Right  to  maintain  action  for  conversion  of 
timber,  crops,  buildings,  etc.,  from  land 
in  another  state  or  country.  34  L.R.A. 
(N.S.)   994;  44  L.R.A.  (N.S.)  268. 

§   4.  Who  may   maintain   action. 

Action  at  law  between  partners,  based  on 
conversion  of  firm  property.  L.R.A. 
1918F,  1125. 

Who  is  real  party  in  interest  by  whom  ac- 
tion must  be  brought.     64  L.R.A.  621. 

Right  of  bailee  to  recover  for  damage  to,  or 
conversion  of  property.  3  B.  R.  C. 
388. 

Right  of  ward  to  maintain  trover  against 
guardian  after  termination  of  guardi- 
anship, but  before  settlement  of  ac- 
count.    26  L.R.A.(N.S.)    793. 

Right  of  agent  who  was  in  possession  of 
personal  property  to  maintain  action 
for   conversion.    '26   L.R.A. (N.S.)    840. 

Right  of  principal  to  maintain  trover  or 
case  for  money  collected  bv  agent  or 
attorney.     20  L.R.A. (N.S.)   35. 

Right  of  consignee  to  maintain  action 
against   carrier.     36   L.R.A. (N.S.)    70. 

Shipper's  right  to  maintain  trover  for  goods 
shipped  at  rate  that  is  not  that  fixed 
bv  interstate  commerce  act.  38  L.R.A. 
(N.S.)    354.  , 

Right  of  action  by  creditor  of  fraudulent 
vendor  against  fraudulent  vendee  who 
has  converted  the  property  to  his  own 
use  or  disposed  of  the  same.  26  L.R.A. 
(N.S.)   545. 

Right  of  conditional  vendee  of  personal 
property  to  maintain  action  for  conver- 
sion of'  property.     L.R.A.1917D,   217. 


1328 


INDEX  TO  L.R.A.  XOTES. 


TROVER  AND  CONVERSION,  II.— cont'd 
§   5.  Jurisdiction  of  action. 

Jurisdiction  of  action  for  conversion  of  tim- 
ber, crops,  or  building  on  lands  in  an- 
other state.  26  L.R.A.(N.S.)  9-10:  44 
L.R.A.(N.S.)   268. 

§   6.  Wliat  constitutes  conversion. 

Conversion  by  carrier,  see  Cakbiers,  §  117. 

Pledgee's  conversion  of  pledged  property  by 
invalid  sale.     43  L.R.A.  737. 

Sale  of  property  at  a  loss  or  on  unauthor- 
ized terms  by  one  rightfully  in  posses- 
sion, as  a  conversion.  23  L.R.A.  (N. 
S.)  573. 

Conversion  by  driving  team  to  place  other 
than  that  for  which  it  was  hired.  26 
L.R.A.  366. 

Surrender  of  property  by  bailee  to  one 
neither  the  bailor  nor  the  true  owner. 
33   L.R.A.(N.S.)    687. 

Eflfect  of  unlawful  seizure  of  property  by 
chattel  mortgagee  assuming  to  act  un- 
der mortgage.     L.R.A.lOloE,  193. 

Removal  of  chattel  to  foreign  country  by 
tenant  in  common  as  conversion.  7  B. 
R.  C.  313. 

§  7.  Demand. 

Demand  and  refusal.     1  L.R.A.  305,*  318 ;• 

9  L.R.A.  817.» 
Necessity  and  eflFect  of  demand  and  refusal 

as    a    condition    of    trover.      1    L.Rji. 

305.* 

§   8.  Tender  as  condition. 

Payment  or  tender  of  freight  as  a  condition 
precedent  to  an  action  against  carrier. 
21  L.R.A.  117. 

When  tender  of  freight  money  not  condition 
of  conversion  by  the  carrier's  refusal 
to  surrender  goods.  6  L.R.A.  (N.S.) 
1058. 

Effect  of  unauthorized  sale  or  disposal  of 
pledge  by  pledgee  to  dispense  with  tend- 
er as  a  condition  of  trover  against  him. 
6  L.R.A.(N.S.)  298;  24  L-RJl.(N.S.) 
511. 


III.  Liability;  defenses. 


TROVER  AND  CONVERSION,  III.— cont'd 

Liability  of  officer  who  turns  over  articles 
taken  from  prisoner  to  a  third  person 
in  recognition  of  the  latter's  adverse 
claim.     19  L.R.A. (N.S.)   833. 

Liability  of  landlord,  or  his  agent,  for  con- 
version of  tenant's  goods  by  one  put  in 
possession  of  the  premises  before  the 
expiration  of  the  tenancv.  24  L.R.A. 
(N.S.)   226. 

In  what  capacitv  executor  or  administrator 
to  be  sued.  *  51  L.R.A.  263. 

Valuation  of  property  for  purposes  of  trans- 
portation as  affecting  carrier's  liability 
where  it  is  converted  or  embezzled 
while  in  its  possession.  31  L.R.A. (N. 
S.)  309;  L.R^.1918A,  756. 

Liability  of  connecting  carrier  for  detaining 
freight  on  account  of  mistake  as  to 
amount  due.     32  L.R.A.  (N.S.)    189. 

Liabilitv  of  countv  for  conversion  of  prop- 
erty.    39  L.R.A.  75. 

Liability  of  drawee  in  an  action  of  conver- 
sion to  the  true  owner  of  a  check  which 
has  been  paid  on  a  forsed  indorsement. 
L.R.A.1918C,  615. 

§    10.  Defenses. 

Right  of  defendant  in  action  for  conversion 
to  impeach  plaintiff's  title  as  being 
based  upon  a  contract  void  under  the 
statute  of  frauds.  2  B.  R.  C.  733. 
i  Liability  for  conversion  of  property  leased 
or  hired  in  violation  of  Sunday  law. 
L.R.A.1915F,  644. 


TRUCKING. 


TRUE    BILiIi. 


28 


§   9.  Liability. 

Liability  of  school  district  or  school  cor- 
poration for  conversion.  49  L.R.A. 
(N.S.)    1032. 

Liability  of  servant  or  agent  for  conversion 
under  orders  of  emplover.  50  L.R.A. 
649. 

Liability  of  agent  to  true  owner  for  selling 
or  disposing  of  property  intrusted  to 
him  bv  his  principal.  50  L.R.A. (N.S.) 
52.. 

Civil  liabilitv  of  insane  person  for  conver- 
sion.    42   L.R.A.(N.S.)    85. 

Employer's  liability  for  conversion  of  prop- 
erty severed  by  servant  sent  to  commit 
trespass.     70  L.R.A.  737. 

Liability  of  partnership  for.    51  L.R.A.  473. 

Liability  of  officers  of  a  corporation  for  con-  J  What  passes  under  bequest  of  contents  of. 
version   by   it.     28  L.R.A.  422.  L.R.A.1915C,  655. 

Begin  with  this  booh  on  every  law  question. 


Action  on  contractor's  bond  for  expense  of 
trucking.  43  L.R.A.(N.S.)  170;  L.ii.A. 
1915F,  953. 


TRUCKMAN. 


In   general,    see   Baggage   Tbansfeb   Com. 

PANT;    DbayMEN. 

As  carrier.     21  L.R.A. (N.S.)  188. 

As  independent  contractor.     65  L.R.A.  468. 


Effect  of  indorsement  of,  on  indictment. 
L.R.A.  33. 


TRUNK. 


INDEX  TO  L.R.A.  NOTES. 


1329 


TRUST   COMPANIES. 

See  Surety  Companies, 

♦-»♦ . 


TRUST  DEED. 


See  Mortgage. 


TRUSTEE. 


In  bimkruptcy,  see  Bankruptct,  §  23. 

Of  cliaritable  bequest,  see  Charities,  §§  5, 

n. 

Of  religious   society,   see  REa^ioious  Socie- 
ties, §  10. 
Generally,  see  Trusts,  §§  18-31,      ' 

Right  of  receiver  to  take  property  from 
possession  of  one  holding  as  trustee, 
47  L.It.A.(X.S.)  754. 


TRUST   EX    MALEFICIO. 


See  Tri-sts.  §  15. 


III. 


TRUSTS. 

/.  In  gcneval,   §    1. 
II.  Creation;   validity,    §§   2-15. 

a.  In  general,  §§  2,  3. 
h.  Express  or   declared  trusts; 

precatory  trusts,  §§  4:- 10. 

c.  Parol      trusts;      statute      of 

frauds,  §  11. 

d.  Implied,     constructive,     and 

resulting  trusts,  §§  12-14. 

e.  Ex  maleficio,  §  13. 
Termination;    revocation,    §    16, 

17. 
IV.  Trustees,  §§   18-31. 

n.  In  general,   §§   18-21. 

b.  Biglits  and  powers;  compen- 

sation,   §§   22-24:. 

c.  Duties     and     liabilities,     §§ 

25-29. 

d.  Dealing  with  trust  or  cestui 
•    que  trust,  §  30. 

e.  Account  of,   §   31. 
V.  Interest     of     cestui     que     trust; 

rights      of      creditors;      spend- 
thrift trtists,   §§  32-34. 
Transfer    of    trust    property,    §§ 

35,  36. 
Following   trust  property,    §   37. 
Enforcing  trust;  actions,  §§  38, 

39. 
Lien  on  trust  estate,  §  40, 


TI. 


VII 
VIII 


IX. 


I.  In  general. 


§    1.  Generally, 

Existence  of  fiduciary  relation  between  at- 
torney and  client,  see  Attorneys,  §  10. 
Consult  (dso  L.R.A.  Digests  of  Cases. 


I  TRUSTS,  I.— cont'd 

Existence  of  fiduciary  relation  between  cor- 
poration and  its  officers,  see  Corpora- 
tions, §§  50,  51. 

Fiduciary  relation  of  executor  or  adminis- 
trator, see  Executors  and  Adminis- 
trators. 

Existence  of  fiduciary  relation  between 
guardian  and  ward,  see  Gu-VBDIan  and 
Ward. 

Existence  of  fiduciary  relation  between  part- 
ners, see  Partnership,  §§  25-28. 

Existence  of  fiduciary  relation  between  prin- 
cipal and  agent,  see  Principal  and 
Agent,  §§  33-35. 

Between  relatives,  see  Relatives,  §  4. 

In  bank  deposit,  see  Banks,  §§  12,  ]2a. 

In  funds  of  insolvent  bank,  see  Banks,  §  41. 

In  property  of  religious  society,  see  Re- 
ligious Societies,  §  3. 

Application  to  debt  due  bank,  of  deposit  in 
fiduciary  character,  see  Banks,  §  18. 

Charitable  trusts,  see  Charities. 

Duty  of  corporation  as  to  transfer  of  cor- 
porate stock  held  in  trust,  see  Corpora- 
tions, §  00. 

Voting  trust,  see  Corporations,  §  124. 

Jurisdiction  in  cases  of,  see  Courts,  §  7; 
'     Equity,  §  9. 

As  to. character  of  estate  in  real  property, 
see  Deeds,  §§  28-31;  Wills,  §§  77-102; 
Life  Tenants. 

Parol  evidence  as  to,  see  Evidence,  §  181. 

As  to  executors  and  administrators,  see  Ex- 
ecutors AND  Administrators. 

As  between  husband  and  wife,  see  Husband 
AND  Wife,  §  53. 

Improvements    on   trust   property,    see    Im 

PROVEMENTS,   §    5. 

Matters  as  to  life  tenant  and  remaindermen, 
see  Life  Tenants, 

Limitation  of  action  in  case  of,  see  Limita- 
tion OF  Actions,  §§  11,  37,  52, 

As  to  trusts  in  restraint  of  trade  or  com- 
merce, see  Monopoly  and  Combina- 
tions. 

Deed  of  trust  to  secure  debt,  see  Mortgage. 

As  afl'ected  by  rule  against  perpetuities,  see 
Perpetuities. 

Place  of  taxation  of  trust  property,  see 
Taxes,  §  48. 

Effect  of  existence  of  trust  on  right  to  spe- 
cific performance  of  contract  in  rela- 
tion to  personal  property.  L.R.A. 
1918E,  61L 

The  statute  of  uses  in  the  United  States, 
16  L.RA,(N.S.)  1148. 

Mechanics'  liens  on  trust  property.     L.R.A. 

,       1916B,  1267. 

Recovery  of  payments  required  by  one  hold- 
ing title  as  trustee  as  made  under  dur- 
ess of  real  property.    L.R.A.1915B,  500. 

Security  held  by  surety  as  trust  for  pay- 
ment of  debt.    L.R.A.1916C,  1070. 

In  vessel;  admiralty  jurisdiction  of.  66 
L.R.A.  235. 

Priority  of  notice  of  assignment  to  trustee 
as  giving  priority  of  right,  66  L.R.A. 
761. 

Presumption  as  to  time  of  alteration  in  dec- 
laration of  trust.  39  L.R.A.(N.S.)  109. 
84 


1830 


INDEX  TO  L.R.A.  NOTES. 


TRirSTS,  I.— cont'd 

Ktft'ct  on,  of  failure  of  gift  as  violating  rule 

against  perpetuities.     20  L.l'.A.  iyl2. 
Necessity  of  consistency  in  complaint  as  to 

representative  or  individual  capacity  of 

party.     ]  L.R.A.(N.S.)   ]61. 
Association  under  trust  agreement  as  part- 

nersliip.     18  L.R.A.(N.S.)   1095. 
Validity  ot  agreement  with  surety  as  to  cus- 
tody   or   control   of   trust   funds.        16 

L.R.A.(N.S.)   994. 
Enforcement  of  contracts  of  service  by  court 

of  equity  where  applicant  for  relief  is 

in  employment  of  a  body  of  trustees.     6 

L.R.A.{N.S.)  1128. 
Property  held  by  municipal  corporation   in 

trust  as  subject  of  taxation.     34  L.R.A. 

(N.S.)    143. 
Necessity  of  pleading  statute  of  frauds  in 

action   to    establish    trust.      49    L.R.A. 

(N.S.)   37. 

//.  Creation;  validity, 
a.  In  general. 

§   2.  Generally. 

Of  spendthrift  trusts,  see  infra,  §  34. 
Charitable  trust,  see  Charities. 
ImpTcssing   share    of    heir   with    trust,    see 

Descent  and  Distribction,  §  11. 
Trust  violating  rule  as  to  perpetuities,  see 

Perpetuities. 

Upholding  instrument  otherwise  IneflFective 
as  a  conveyance  of  real  property  as  a 
covenant  to  stand  seized  to  uses.  38 
L.R.A.  (N.S.)    937. 

Efl'ect  of  deposit  of  funds  belonging  to  the 
depositor  in  a  bank  account  in  the  name 
of  himself  and  another.  L.R.A.1917C, 
567. 

Necessity  of  beneficiary's  knowledge  of 
trust.     30  L.R.A. (N.S.)   616. 

Sufficiency  of  execution  of  power  of  appoint- 
ment by  will  creating  a  trust.  64 
L.R.A.  903. 

Law  governing  validity  of  trust  in  real 
property.     L.R.A.19'l6A,  1044. 

§  3.  Necessity  of  word  "heirs"  to  pass 
fee  to  trustee. 

Necessity  of  word  "heirs"  in  deed  or  devise 
in    trust,    to    pass    fee    to    trustee.      2 
L.R.A.  (N.S.)    172. 

ft.  Express   or   declared   trusts;   preca- 
tory  trusts. 

§   4.  Generally. 

Effect  of  executor's  promise  as  to  payment 
of  legacy  upon  trust  relations  with  leg- 
atee.    9  L.R.A. (N.S.)  214. 

Effect  of  specifying  use  of  real  estate  in  de- 
vise to  religious  society  as  creating  a 
trust.     11  L.R.A. (N.S.)'  512,  520. 

Creation  of  trust  by  use  of  words  "upon  con- 
dition," in  will  or  conveyance  of  real 
property.     9  L.R.A.(N.S.)  758. 

Character  of  estate  created  by  grant,  lease, 
or  devise  of  property  to  person  so  long 
as  he  shall  desire  to  live  upon  it,  or 
devote  it  to  a  particular  use.  21  L.R.A. 
(N.S.)    575. 

Begin  with  this  booTc  on  every  law  question. 


f  TRUSTS,   IL  Ij— cont'd 
§   5.  Active  trusts. 

Wliat  constitutes  a  directory  or  an  active 
trust.     11  L.R.A.(N.S.) '331. 

§   6.  Voluntary  trusts. 

Power  to  revoke,  see  infra,  §  17. 

Sufficiency  of  declaration  to  establish  volun- 
tary trust  where  legal  title  is  retained 
by  settlor.     12  L.R.A.  (N.S.)   547. 

§  7.  Bequest  to  one  to  divide  as  lie 
thinks   best. 

Gifts  "in  trust"  or  "upon  trust."    37  L.R.A. 

•    (N.S.)    401. 
Where  other  provision  is  made  for  legatee. 

37  L.R.A. (N.S.)  402;  L.R.A.1917D,  821. 
Gifts    to   executors   or    trustees    eo    nomine. 

37  L.R.A.(N.S.)  403;  L.R.A.1917D,  821. 
Gifts  to   persons   also   appointed   executors. 

37  L.R.A.(N.S.)  405;  L.R.A.1917D,  822. 
Gifts  to  individuals  designated  bv  name.    37 

L.R.A.(N.S.)    407. 

§   8.  Secret  trusts. 

General  doctrine  and  distinction.  20  L.R.A. 
465. 

Promises  to  the  testator.     20  L.R.A.  465. 

Secret  trusts.    20  L.R.A.  469. 

Secret  trusts  to  use  for  masses.  25  L.R.A. 
361. 

Knowledge  or  notice  of,  sufficient  to  put  pur- 
chaser from  fraudulent  vendor  on  in- 
quiry.   32  L.R.A.  56. 

§   9.  Precatory  trusts. 

Creation  of  trust  by  precatory  words  in  a 

will.     37   L.R.A. (N.S.)    646. 
For   charity   or   religion.      14   L.R.A. (N.S.) 
77;  37  L.R.A.(N.S.)   999. 

§    10.  For  payment  of  debts. 

Effect  of  creation  of  testamentary  trust  for 
payment  of  debts.  5  L.R.A. (N.S.) 
355. 


c.  Parol  trusts;  statute  of  frauds. 

§    11.  Generally. 

Constructive  trust  from  grantee's  oral 
promise  to  grantor  to  hold  in  trust,  see 
infra,   §   13. 

Parol  evidence  to  establish  trust  in  a  third 
person.    20  L.R.A.  109. 

Creation  of  trust  in  personalty  bv  parol.  51 
L.R.A.(N.S.)   1208. 

May  statute  of  frauds  be  satisfied  by  a  dec- 
"  laration  of  trust  signed  bv  the  trustee 
alone.     38  L.R.A. (N.S.)   646. 

Parol  agreement  to  take  title  to  real  prop- 
erty, sell  the  same  and  account  for  the 
proceeds,  as  affected  bv  statute  of 
frauds.     20  L.R.A. (N.S.)' 298. 

Statute  of  frauds  as  affecting  legal  remedy 
for  breach  of  contract  to  purchase 
land  for  and  in  the  name  of  another.  5 
L.R.A.  (N.S.)   123. 


INDEX  TO  L.R.A.  ^'OTES. 


1331 


TRUSTS,  II.— cont'd 

d.  Implied,  constructive,  and  resulting 
trusts. 

§    12.  Implied  or  constructive  trusts. 

Existence  of  a  trust  in  property  stolen  or 
embezzled.     L.R.A.lDloB,  442. 

Trust  implied  to  effectuate  purpose  of  con- 
tract Avlien  its  terms  cannot  be  given 
effect.     58  L.R.A.  115. 

Does  donor's  expectation  that  the  donee  will 
allow  him  to  share  in  the  benefit  of  the 
property  raise  an  implied  trust  to  that 
efTect.    *24  L.R.A.  (N.S.)   1043. 

Impressing  share  of  heir,  devisee,  or  legatee 
with  constructive  trust  because  of  his 
fraud  in  frustrating  decedent's  inten- 
tion to  give  the  property  to  a  third 
person.  8  L.R.A.(N.S.)  698;  31  L.R.A. 
(N.S.)   176. 

Gratuitous  conveyance  as  raising  implied, 
resulting,  or  constructive  trust  in 
favor  of  the  natural  objects  of 
the  bounty  of  the  grantor  or  donor. 
L.R.A.1915E,  648. 

Constructive  trust  in  deed  of  homestead  by 
husband  to  wife,  with  proviso  attempt- 
ing to  derogate  from  her  right  of  sur- 
vivorship.   1  L.R.A.(N.S.)  312. 

May  a  constructive  trust  be  based  upon  an 
undertaking  to  hold  for  the  benefit  of 
another  property  received  through  de- 
vise or  inheritance  where  no  actual  tes- 
tamentary intention  has  been  frustrat- 
ed. .33  L.R.A. (N.S.)  996;  L.R.A.1918F, 
1045. 

When  a  purcliaser  of  property  for  less  than 
value  without  fraudulent  intent  will  be 
regarded  as  a  trust(»e  for  creditors.  5 
L.R.A.  (X.S.)   305. 

Does  assignee  of  mortgage  as  collateral  se- 
curity, who  forecloses  the  same  and 
purchases  the  property,  hold  the  title 
subject  to  a  trust  in  favor  of  the  as- 
signor.    7    L.R.A. (N.S.)    :094. 

Rglit  of  employer  in  products  of  labor  of 
lidueiarv  agents.  5  L.R.A.  (N.S.t  1172, 
1179,  n03. 

Implied  trust  in  property  of  religious  socie- 
ty in  case  of  schism  or  division.  24 
L.R.A.  (X.S.)    703. 

S  13.  — constructiA-e  trust  from  gran- 
tee's oral  promise  to  grantor  to  hold 
in  trust. 

•Grantee's  oral  promise  to  grantor  or  person 
furnishing  consideration  for  con- 
veyance, to  hold  in  trust  as  giving 
rise  to  constructive  trust.  39 
L.R.A.  (N.S.)    906. 

§    14.  Resulting  trusts. 

In  partnership  lands.  27  L.R.A.  468;  37 
L.R.A.  (N.S.)    899. 

Resulting  trust  in  favor  of  one  who  pur- 
chases stock-exchange  seat  in  name  of 
another.     4  L.R.A. (N.S.)  435. 

EfTect  of  investment  by  husband  in  his  own 
name  of  wife's  separate  property  in 
leal  estate,  to  create  trust  in  her  favor. 
6  L.R.A.(N.S.)  381;  26  L.R.A.(N.S.) 
161. 

■Considt  also  L.R.A.  Digests  of  Cases. 


TRUSTS,  II.  d— cont'd 

Effect  of  statute  of  limitations  on  the  trust 
relationship  arising  from  the  taking  of 
title  in  the  husband's  name,  to  lands 
inherited  by  or  purchased  with  the 
money  of  the  wife.  12  L.R.A. (N.S.) 
493. 

Consideration  in  deeds  for  school  purposes 
as  negativing  resulting  trust  in  favor 
of  the  grantor.     44  L.R.A. (N.S.)    1223. 

Gratuitous  conveyance  as  raising  resulting 
trust  in  favor  of  the  natural  objects  of 
the  bounty  of  the  grantor  or  donor. 
L.R.A.1915E,  648. 

Right  of  true  owner  of  land  to  benefit  of 
contract  between  adverse  claimant  and 
third  person.     L.R.A.1916E,  720. 

e.  Ex  maleflcio. 

§    15.  Generally. 

Law  of,  as  affecting  right  to  revoke  license. 
49  L.R.A.  497. 

Doctrine  of  trust  ex  maleficio  to  uphold 
rights  of  licensee  for  incurring  of  ex- 
pense.    49  L.R.A.  524. 

///.  Termination;  revocation. 

§    16.  Generally. 

Power  of  court  to  dissolve.     18  L.R.A.  745. 

Power    of    court    to    hasten    enjoyment    ol 

trust  fund.     46  L.R.A. (N.S.)    43. 
Doctrine  as  to  possibility  of  issue  extinct 

as  affecting  termination   of  trust.     48 

L.R.A.(N.S.)    873. 
Divorce  as  equivalent  of  death  for  purpose 

of   terminating  a  trust.     L.R.A.1915E, 

762. 

§  17.  Power  to  revoke  or  set  aside 
voluntary  trust  or  settlement. 

Generally.      15   L.R.A.   75. 
Attempts  at  revocation.  15  L.R.A.  76. 
Renunciation  of  beneficiaries.    15  L.R.A.  77. 
Reserved  power.     15  L.R.A.  77. 
Testamentary  trusts.     15  L.R.A.  77. 
Assistance  of  the  court.     15  L.R.A.  78. 
Necessity  of  power  of  revocation.   15  L.R.A, 

78. 
Voluntary    trust    binding    in    equitV.      15 

L.R.A.  79. 
Where  trustor  sole  beneficiary.     15  L.R.A. 

80. 
Mistake,  fraud,  undue  influence,  etc.,  as   a 

ground    for    relief    from    a    voluntary 

trust.     19  L.R.A.  767. 

IV.  Trustees, 
a.  In  general. 

%   18.  Generally. 

Following  trust  funds  in  hands  of  trustee, 
see  infra,  §  37. 

In  bankruptcy,  see  Baxkruptcy,  §  23. 

Trustees  of  charities,  see  Charities,  §§  5,  9. 

As  to  executors  and  administrators,  see  Ex- 
ecutors AXD  Administrators. 

Trustees  as  necessary  parties  to  foreclosure 
suit,  see  Mortgage,  §  71. 


1332 


INDEX  TO  L.K.A.  NOTES. 


TRUSTS,  IV.  a— cont'd 
Of  religious  society,  see  Religious  Socie- 
ties, §  10. 

Disqualification  of  trustee  of  one  interested 
in  eminent  domain  proceedings  to  serve 
as  commissioner  or  juror.  47  L.R.A. 
(N.S.)    166. 

Competency  as  an  attesting  witness  of  offi- 
cer or  stockholder  of  a  corporation 
named  as  trustee.     L.R.A.1916I),  18b. 

Payment  of  money  deposited  with  bank  to 
credit  of  more  than  one  trustee.  L.R.A. 
1915D,  921. 

Presumption  of  satisfaction  of  trust  debt 
by  legacy  or  devise  to  creditor.  L.R.A. 
1915B,  1175. 

Negotiability  of  note  payable  to.  35  L.R.A. 
678. 

Effect  of  notice  to  trustees  in  trust  deed  of 
fraudulent  intent  of  grantor,  bl  L.R.A, 
642. 

Transfer  of  funds  or  securities  from  one  es- 
tate to  another  by  a  common  trustee. 
IG  L.R.A.(N.S.)    205. 

Appointment  of  trustee  to  protect  alimony. 
38  L.R.A. (N.S.)    270. 

Necessity  of  trustee  on  conveyance  by  hus- 
band to  wife.     69  L.R.A.  362. 

Circumstances  sufficient  to  put  one  taking 
paper  from  trustee  on  inquiry.  29 
L.R.A.(N.S.)  365;  44  L.R.A. (N.S.)  403. 

§   19.  Who  are  or  may  be. 

Power  of  municipality  to  administer,  see 
Municipal  Cobpokations,  §  15. 

Municipal  corporations  as  trustee  of  a  char- 
ity.    14  L.R.A.  69. 

Foreign  corporation  as  trustee.  24  L.R.A. 
291. 

Power  of  foreign  surety  company  to  act  as 
trustee.     48  L.R.A."  593. 

§  20.  Removal. 

Authority  of  legislature  to  remove  munic- 
ipality from  trusteeship  of  charity. 
16   L.R.A.   695. 

8   21.  Number  of. 

Power  of  court  to  change  number  of  trus- 
tees designated  in  trust  instrument.  1 
L.R.A.(N.S.)   802. 

b.  Rights   and   -powers;   compensation, 

§   22.  Generally. 

Right  to  deal  with  trust  estate,  see  infra, 

§  30. 
Rights  of  trustee  in  bankruptcy,  see*BANK- 

KUPTCT,   §   23. 
Execution  of  power  of  sale  conferred  upon, 

see  Powers,  §  3. 

Equitable  control  of  discretion  vested  in 
trustee.     8  L.R.A. (N.S.)   398. 

Right  to  set-off,  in  bankruptcy  cases,  claims 
held  in  trust.     55  L.R.A."  46. 

Validity  of  acknowledgment  of  deed  of 
trust  taken  by  trustee.     16  L.R.A.  719. 

Implied  power  of  trustee  to  sell  real  prop- 
erty.    32  L.R.A. (N.S.)    676. 


Begin  with  this  booTc  on  every  law  question. 


TRUSTS,  IV.  b— cont'd 

Right  to  enjoin  an  unlawful  sale  of  church 
property  by  trustees.  2  L.RA^. (N.S.) 
828. 

Power  of  trustee  to  mortgage  trust  estate 
for  purpose  of  making  improvements  so 
as  to  render  it  productive.  7  L.R.A. 
(N.S.)    263. 

Right  of  trustee  to  execute  lease  to  extend 
beyond  termination  of  trust.  13  L.R.A. 
(N.S.)    496. 

Power  of  testamentary  trustee  to  carry  on 
business  in  behalf  of  estate.  40  L.R.A. 
(N.S.)   204. 

Right  of  person  standing  in  fiduciary  re- 
lation to  relocate  mining  claim  for  his 
own  benefit.     50  L.R.A.  184. 

Notice  to  redeem  from  tax  sale  to  one  oc- 
cupying as  trustee  for  another.  44 
L.R.A.(N.S.)    676. 

Transfer  of  stock  on  books  of  corporation 
at  request  of  trustee,  45  L.R.A.  (N.S.) 
1079. 

Power  of  court  to  authorize  lease  of  trust 
property  for  a  longer  period  than  was 
contemplated  by  the  creator  of  the 
trust.     48  L.R.A.(N.S.)    1004. 

Right  to  have  title  registered  under  the 
Torrens  LaAv.     L.R.A.1916D,  61. 

Right  of  trustees  or  executive  committee  of 
club  to  indemnity  for  obligations  in- 
curred by  them.     5  B.  R.  C.  763. 

Right  of  trustee  under  trust  deed  covering 
property  sold  conditionally,  to  complain 
of  failure  to  record  the  contract  of  con- 
ditional sale.     L.R.A.1917C,  445. 

§  23.  Admissions  and  waivers  by 
fiduciaries  in  actions. 

By   representatives   of   infants.      32   L.R.A. 

671. 
By  trustees.    32  L.R.A.  686. 
By  executors  and  administrators.    32  L.R.A. 

687. 
By  curator  ad  hoc.    32  L.R.A,  688. 
By  representatives  of  idiots   and  lunatics. 

32  L.R.A.  688. 
By  confession  of  judgment.     32  L.R.A.  690. 

§  23a.  Investments. 

Liability  for  losses  on  investments,  see  in- 
fra, §  26a. 

Investments   by   trustees   in   foreign   juris- 
dictions.    45   L.R.A.(N.S.)    411. 

§  24.  Compensation. 

Right  of  partner  appointed  trustee  on  liq- 
uidation to  compensation.  17  L.R.A. 
(N.S.)   399;  L.R.A.1917F,  576. 

Right  of  trustee  to  retain  bonus  or  gratuity 
received  from  third  person.  37  L.R.A. 
(N.S.)   923. 

Right  as  betAveen  trustee  and  cestui  que 
trust  to  compensation  due  for  former's 
services  as  director.     1  B.  R.   C.  313. 

c.  Duties  and  liabilities. 

§   2  5.  Generally. 

Liability  of  trustee  in  bankruptcy,  see 
Baxkruptcy,  §  23. 


INDEX  TO  L.R.A.  NOTES. 


1333 


TRUSTS,  rV.  e— cont'd 

Liability  of  infant  as.     57  L.R.A.  688. 

Liahilitv  of  arbitrators  as  trustees.  42 
L.R'.A.(N.S.)    281. 

Care  demanded  of  trustee  to  sell  real  estate. 
3  L.R.A.  (N.S.)   415. 

Liability  of  partnership  for  fraud  with  re- 
spect to  trust  fund.     51  L.R.A.  486. 

Right  to  have  trust  property  wrongfully 
l)ledged  by  a  trustee  for  his  individual 
benefit  redeemed  by  money  belonging  to 
his  insolvent  estate.  6  L.R.A. (N.S.) 
487. 

Personal  liability  of  trustee  on  corporate 
stock  belonging  to  trust  but  standing 
in  his  name.     30  L.R.A. (N.S.)    1092. 

Personal  liability  of  trustee  who  signs  con- 
tract by  adding  words  indicating  rep- 
resentative capacity  to  his  signature. 
42  L.R.A.(N.S.)   61. 

Personal  liability  of  trustee  on  covenant  in 
deed  executed  by  him.  43  L.R.A. 
(N.S.)  377. 

Individual  liability  of  testamentary  trustee 
for  carrying  on  business  in  behalf  of 
estate.     40  L.R.A. (N.S.)   210. 

Estoppel  of  beneficiaries  to  charge  testa- 
mentary trustees  with  losses  sustained 
in  carrying  on  business  in  behalf  of  es- 
tate.    40  L.R.A. (N.S.)    234. 

For  loss  by  bank  failure.  14  L.R.A.  103; 
45  L.R.A.(N.S.)    1. 

Liability  of,  for  compound  interest.  29 
L.R.A.  622. 

Extrinsic  evidence  to  show  who  is  liable  as 
maker  of  note.    20  L.R.A.  705. 

§  2  6.  For  torts  or  negligence  o£  serr- 
ants. 

In  general.     63  L.R.A.  227. 
Receivers.     63  L.R.A.  228. 

§   26a.  Investments. 

Personal  liability  of  a  trustee  for  losses  to 
trust  estate  from  investments.  44 
L.R.A. (N.S.)    873. 

§   2  7.  Joint  liability. 

Joint  liability  of  trustees.     4  L.R.A.  529.* 
Joint  receipt  bv  trustees,  effect  of.    4  L.R.A. 
529.* 

§   28.  For  acts  of  cotrustee. 

Liability  for  default  of  co-executor,  see 
Executors  and  Administeatobs,  §  25. 

Liability  of  inactive  trustee  for  defalcation 
of  cotrustee.    38  L.R.A. (N.S.)  1029. 

§   29.  On  bond. 

Contingency  of  claim  against  sureties  on 
trustee''3  bond.     58  L.R.A.  86. 

d.  Dealing    ivith    trust    or    cestui    que 
trust. 

§   30.  Generally. 

Fiduciary  relations  as  affecting  reliance  on 
fraudulent   statement.     37   L.R.A.   613. 

Independent  advice  as  condition  of  valid 
gift  inter  vivos  l)etween  trustee  and 
cestui  que  tru-ftt.    16  L.R.A. (N.S.)   1087. 

Cou!*ult  (lino  L.R.A.  liiaests  of  Cases. 


]  TRUSTS,  IV.  d— cont'd 
Right  of  e.xecutor  or  administrator  to  pur- 
chase at  his  own  sale.     L.R.A.1918B,  7. 

e.  Account  of. 

§   31.  Generally. 

Stated  account  of.     27  L.R.A.  821. 
Accounting  for  trust  in  gold  or  silver.     29 

L.R.A.  523. 
Effect   of   account  on   personal   liability   of 

trustee    for    losses    from    investments. 

44  L.R.A. (N.S.)  984. 

F.  Interest  of  cestui  que  trust;  rights 
of  creditors;  spendthrift  trusts. 

§  32.  Generally. 

Trustee  dealing  with  cestui  que  trust,  see 
supra,  §  30. 

Garnishment  of  bank  deposit  in  a  form  im- 
porting that  depositor  is  acting  as  fi- 
duciary.    34  L.R.A.(N,S.)    1207. 

Judgment  against  trustee  in  mortgage  or 
deed  of  trust  to  secure  debt  as  affect- 
ing beneficiary  who  was  not  a  party. 
35  L.R.A. (N.S.)    196. 

Infant  en  ventre  sa  mere  as  grantee  in  deed 
of  trust.     44  L.R.A.  490. 

Right  to  subrogation  to  vendor's  lien  where 
trust  funds  are  used  to  pav  for  land. 
37  L.RA.(N.S.)   1208. 

Notice  of  title  from  possession  by  cestui  qiie 
trust.     13  L.R.A.(N.S.)    121. 

Effect  of  expression  of  intention  to  make 
provision  for  family,  upon  estates  tak- 
en by  beneficiaries  of  trust,  in  the  ab- 
sence of  express  definition  thereof.  17 
L.R.A.(N.S.)    1215. 

§   33.  Bights  of  creditors, -generally. 

Effect  of  option  of  cestui  que  trust  to  re- 
quire a  conveyance,  or  otherwise  ter- 
minate the  trust,  to  subject  the  same  to 
the  claims  of  his  creditors.  25  L.R.A. 
(N.S.)    236. 

May  provision  in  will  for  support  of  a  per- 
son which  is  made  a  lien  or  charge  up- 
on property  be  reached  by  his  creditors. 
23  L.R.A.  (N.S.)    526. 

Application  of  child's  property  to  his  sup- 
port where  trustees  have  discretion.  57 
L.R.A.  734. 

Effect  of  trust  conferred  on  personal  rep- 
resentative on  right  of  garnishment. 
47  L.R.A.  361. 

Garnishment  of  claim  of  cestui  que  trust 
against  trustee.     59   L.R.A.   385. 

Injunction  against  execution  sale  of  tnist 
property.     30   L.R.A.   119. 

§   34.  Spendthrift  trusts. 

Law  governing  validity  of.  2  L.R.A. (N.S.) 
443. 

Right,  as  against  subsequent  creditors,  to 
create  trust  to  pay  the  income  to  set- 
tlor for  life,  and,  after  his  death,  to  his 
heirs  or  devisees.    12  L.R.A.(N.S.)  369. 

Constitutionality  of  statute  subjcctinji 
spendthrift  *  trust  to  debts.  40  L.R.A. 
(N.S.)    1215, 


]33-4 


INDEX  TO  L.R.A.  NOTES. 


TRUSTS,  v.— confd 

Interest  of  cestui  que  trust  in  spendthrift 
trust  as  assets  passing  to  trustee  in 
bankruptcy.     L.R.A.1917A,  989. 


VI.  Transfer  of  trust  property. 

§   35.  Generally. 

Following   trust  property,   see   infra,   §    37. 
Sale    under    power    in    deed    of    trust,    see 
Mortgage,  §  77. 

Dutv  of  corporation  as  to  transfer  of  stock 
held  in  trust.     3  5  L.R.A.  643. 

NYhere  trustees'  sales  to  be  made.  33 
L.R.A.  96. 

Injunction  against  negotiation  of  note  held 
in  trust.     28  L.R.A.  578. 

Power  of  court  or  guardian  of  incompetent 
or  habitual  drunkard  to  consent  to  con- 
vej^ance  by  trustee  under  a  trust  re- 
quiring consent  by  cestui  que  trust.  39 
L.R.A.  (N.S.)   39. 

Possession  of  cestui  que  trust  as  adverse 
within  the  rule  against  conveyance  of 
land  held  adversely.  35  L.R.A. (N.S.) 
754. 

§   3  6.  To  beneficiary. 

Right  to  compel  trustee  of  dry  trust,  to  con- 
vey to  beneficiary.  38  L.R.A, (N.S.) 
198. 


VJI,  Following  trust  property. 


of    insolvent    bank,    see 


§   3  7.  Generally. 

Rights    in    funds 
Banks,  §  41. 

Identifying  misapplied  trust  funds  to  follow 

and    recover    them.      L.R.A. 1916C, 

21. 

Effect   of   legal   remedy  to  defeat  equitable 

jurisdiction   to  follow   trust   funds.      6 

L.R.A.(N.S.)    793. 


VIII.  Enforcing    trust;    actions. 

§   38.  Generally. 

Enforcement  of  charitable  trust,  see  Chae- 

ITIES,    §§    10,    11. 
Action  to  enforce  liability  of  stockholders, 

see  Corporations,  §  116a. 
Limitation    of    action,    see    Limitation    op 

Actions,  §§  37,  52. 

Right  of  trustee  to  redress  fraud  practised 
on  the  beneficiary  of  the  trust.  L.R.A. 
1915E,  451. 

Enforceability  of  promise  by  beneficiary  to 
pay  proceeds  of  life  insurance  policy 
to  third  person.     40 'L.R.A. (N.S.)    692. 

Right  of  one  whose  interest  is  merely  con- 
tingent, to  maintain  suit  to  establish 
or  enforce  a  trust.    7  L.R.A, (N.S.)   999. 

Scope  of  statute  permitting  trustee  of  ex- 
press trust  to  sue  without  joining  bene- 
ficiaries when  rights  as  between  bene- 
ficiaries, or  between  them  and  the  trus- 
tee are  involved.     6  L.R.A. (N.S.)    275. 

Begin  with  this  hook  on  every  laiv  question. 


TRUSTS,  VIII.— cont'd 

Applicability  of  common  law  rule  preclud- 
ing executory  contract  for  action  at 
law  between  husband  and  wife,  where 
Imsband  acts  as  trustee.  11  L.R.A. 
(N.S.)    273. 

Removal,  because  of  separable  controversy,, 
of  actions  relating  to  trusts.  5  L.R.A. 
(N.S.)    87. 

§    3  9.  In  equity. 

Equitable  enforcement  of,  in  case  of  land, 
as  affected  by  statute  of  frauds.  5 
L.R.A. (N.S.)  ^112. 

Jurisdiction  of  equity  over  suit  to  enforce 
trust  as  to  real  propertv  in  another 
state  or  country.    23  L.R.A.  ( N.S. )  924. 

Jurisdiction  of  a  court  of  equity  to  award 
compensatory  damages  for  breach  of 
trust.     14  L.R.A.  (N.S.)   900. 

Necessity  of  exhausting  remedy  at  law  as 
condition  of  creditor's  bill  to  enforce 
trust.     23  L.R.A. (N.S.)    105. 

IX.  Lien    on    trust    estate. 


§40.  Generally. 

Creation  of  lien  on  trust  estate. 
056.* 


7  L.R.A. 


TRUTH. 

Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  54. 
As  defense  to  libel  or  slander,  see  Libel  and 

Slander,  §  38. 

As  defense  to  proceeding  for  contempt  for 
publishing  pending  trial  of  article 
tending  to  influence  result.  6  L.R.A. 
(N.S.)    572. 

Fact  that  witness's  testimony  is  contradict- 
ed by  opposing  testimony  as  warrant- 
ing introduction  of  evidence  of  his 
reputation  for.     12  L.R.A. (N.S.)   364. 

Is  evidence  of  truth  of  alleged  statement 
admissible  in  criminal  case  to  corrobor- 
ate or  disprove  fact  that  statement  wa& 
made.     10  L.R.A. (N.S.)  335.  * 


TUBERCULIN    TEST. 

Validity  and  construction  of  statutes  as  to. 
34  L.R.A.(N.S.)  654;  43  L.R.A. (N.S.) 
1072;  L.R.A.1917C,  254. 


TUBERCULOSIS. 


As  element  of  damages  for  negligent  injury. 
48  L.R.A.(N.S.)    102. 

Right  of  property  owner  to  complain  of  lo- 
cation of  hospital  for.  in  iicigliborhood. 
25  L.R.A.  (N.S.)   228, 


INDEX  TO  L.R.A.  NOTES. 


1335 


TUGS. 

Owners  of,  as  independmit  contractors.     G5 
L.R.A.  47 L 


TUITION. 

See  Schools,  §  11a. 


TUNNELS. 


§    1.  Generally. 

Injury  by,  to  trainman  on  top  of  passing 
train.     47  L.R.A.  (N.S.)    497. 

Power  to  permit  tunnel  under  street  for 
private  purposes.    L.R.A.1915F,  937. 

^lunicipal  liability  for  defects  or  obstruc- 
tions in.    20  L.R.A. (N.S.)  573. 

§   2.   In   mine. 

Rights  under  tunnel-site  location  of  mine, 
see  Mines,  §  5. 

Taking  property  for,  under  power  of  emi- 
nent domain.     1  L.R.A. (N.S.)   978. 

Exercise  of  eminent  domain  to  secure  right 
of  way  for  mining  tunnel.  4  L.R.A. 
(N.S.)'  106. 

Admissibility  of  eyidence  of  condition  of 
tunnels  before  jand  after  accident  al- 
leged to  haye  caused  injury.  32  L.R.A. 
(N.S.)    1095. 

Seryant's  assumption  of  risk  from  changing 
condition  of  excavations  in,  during 
progress  of  work.  19  L.R.A.  (N.S. ; 
352. 


TURNING    STATE'S    EVIDENCE. 


See  State's  Evidence. 


TURN  OUTS. 

See  Spur  Tracks  and  Sidings. 


TURNPIKES. 

As  to  toll  roads,  see  Toll  Roads. 

Railroad  on,  as  additional  servitude.  36 
L.R.A.  (N.S.)   731. 

Prohibiting  use  of  automobiles  on.  1 
L.R.A. (N.S.)    221. 

Taking  of  property  for,  as  a  public  use.  22 
L.R.A.   (N.S.)"^  101. 

Business  of,  affected  with  a  public  interest 
subjecting  them  to  regulation  and  con- 
trol as  to  rates  and  prices.  6  L.R.A. 
(N.S.)    835. 


♦  ♦» 


TURNTABLES. 

See  Negligence,  §  23. 

*-»~^ 


TURPENTINE. 


L.R.A. 


70 


Keeping  of,   on   insured  premises 

1917C,  278. 
Cutting  of  timber  on  public  lands  for 

L.R.A.  892. 
Injunction  against  trespass  to  box  trees  for 

turpentine.     43  L.R.A. (N.S.)   264. 
Right  as  between  owner  of  land  and  owner 

of   timber   thereon   to    take   turpentine 

from  trees.     L.R.A.1915E,  307. 
Liability  for  injury  to  employee  by  explosion 

of.     L.R.A.19i8B,  866. 


TYPEWRITING. 


Comparison  of,  and  expert  evidence  as  to, 
see  Evidence,  §  205a. 

Typewritten  matter  as  written  or  as  print- 
ed matter.     L.R.A.1915D,  1084. 


TYPEWRITTEN   INSTRUMENT. 

Presumption  as  to  alteration  of  typewritten 
instrument  made  in  duplicate.  18 
L.R.A.(N.S.)    680. 

Of  legal  process  or  other  legal  papers. 
L.R.A.1917B,   285. 


u 


ULTERIOR  PURPOSE. 


Right  of  court  to  decline  jurisdiction  of 
suit  because  of  plaintiff's  motive  or  ul- 
terior purpose.     6  B.  R.  C.  338. 

Consult  also  L.Ii.A.  Digests  of  Cases. 


ULTRA  VIRES. 


Of  corporation,  see  Corporations,  §§  28-34. 

Liability  of  municipality  or  other  public  cor- 
poration on  uHra  vires  contract.  27 
L.R.A.(N.S.)  1124;  46  L.R.A.(N.S.)  92L 


1336 


INDEX  TO  L.R.A.  NOTES. 


ULTRA  VIRES— cont'd 

Municipal  liability  for  labor  performed  or 
services  accepted  under  ultra  vires  con- 
tract.    27  L.R.A.  (N.S.)   1128. 


UMPIRE. 

In  general,  see  Arbitration,  §  4. 

Effect  of  decision  of,  see  Coxtbacts,  §  142. 


UNACCEPTED   OFFER. 

Of  compromise  as  tolling  statute  of  limi- 
tations.    37  L.R.A.(N.S.)   885. 


♦  •» 

UNACCEPTED   TENDER. 

See  Tendeb. 


UNAUTHORIZED  APPEARANCE. 

Effect  of,   see  Appearance,   §   3. 


UNAUTHORIZED   PAYMENT. 

Depositor's  right  to  recover  against  one  to 
whom  bank  has  made  unauthorized 
payment.     42  L.R.A.  (X.S.)    1135. 


UNBLOCKED  SWITCHES. 

]\Iaster's  liability  for  injury  to  employee 
by,  see  Master  and  Servant,  §  95. 

Leaving  switch  unlocked  as  proximate  cause 
of  derailment  of  train  resulting  from 
throwing  of  switch  bj'  stranger.  11 
L.R.A.  (N.S.)    738. 

Private  action  for  violation  by  railroad  com- 
pany of  statutory  dut\'  to  block  frogs, 
switches  and  crossings.  L.R.A.1915E, 
537. 


UNBORN    CHILDREN. 

In  general,  see  Afterborn  Children. 

Parent's  statutory  right  of  action  for  death 
of  unborn  child.    L.R.A.1916E,  122. 


UNCERTAIN  PROFITS. 

Loss  of,  as  element  of  damages,  see  Dam- 
ages, §§  107-118. 


UNCERTAINTY. 


UNBROKEN   CONTINUITY. 

As  essential  to  title  by  adverse  possession, 

see  Adverse  Possessiox.  §  20. 
Begin  tcitJi  this  booh'  on  every  law  question. 


Of  contract,  see   Contracts,   §  20. 
In  description  of  beneficiaries,  see  Wills,  V. 
f. 


UNCHASTITY, 


Charge  of,  as  ground  for  divorce,  see  Di- 
vorce and  Separation,  §  23. 

Actionability  of  words  charging,  see  Libel 
AND  Slander,  §  12. 

Antenuptial,  as  ground  for  divorce  or  annul- 
ment of  marriage.  18  L.R.A.  375; 
L.R.A.1916E,  653. 

Misrepresentations  or  concealment  as  to,  as 
ground  for  annulment  of  marriage 
promise.     26  L.R.A.  431. 

Effect  of  complainant's  knowledge  of 
spouse's  antenuptial  unchastity  as  bar 
to  divorce  for  subsequent  adultery.  23 
L.R.A.(N.S.)   240. 

Sufficiency  of  evidence  to  establish  condona- 
tion of  antenuptial  unchastity  or  preg- 
nancy.   6  B.  R.  C.  621. 


UNCLE. 

Implied  agreement  to  pav  for  services  ren- 
dered to.     11  L.R.A. (N.S.)   884. 


UNCONSCIOUSNESS. 

EflFect  of  unconsciousness  of  person  injured 
on  admissibility  as  res  gestae  of  sub- 
sequent statements.  42  L.R.A. (N.S.) 
967. 

Signature  made  by  hand  of  unconscious 
person.     L.R.A.1915B,  678. 


UNDATED   ENTRIES. 

In  books  of  acccount,  admissibilitv  in  evi- 
dence.   52  L.R.A.  586. 


UNDECLARED  DIVIDENDS. 


Passing    of,    with    stock. 
L.R.A.1917B,  326. 


4.1    L.R.A.    393; 


INDEX  TO  L.R.A.  NOTES.  1337 

UNDELIVERED  CHECK.  UNDISCOVERED   DISEASE. 


Check  indorsed  in  blank  as  subject  of  lar- 
ceny or  embezzlement.  42  L.R.A.  (N.S.) 
499. 


UNDELIVERED   NOTE. 

Liability  for  permitting  undelivered  note  to 
get  into  circulation.  3  L.R.A.  (N.S.) 
212. 


UNDENIED    STATEMENTS. 

Rule  admitting,  as  affected  by  mental  or 
physical  condition  at  the  time.  13 
L.R.A.(X.S.)   349. 


UNDER-ESTIMATE. 

Architect's  under-estimate  of  cost  of  struc- 
ture as  basis  of  claim  or  defense 
against  him.     42  L.R.A. (N.S.)   125. 


UNDERGROUND    CROSSING. 

Power  of  municipality  to  require  railroad 
company  to  keep  highway  in  repair  at. 
18  L.R.A.(N.S.)  915. 


UNDERTAKERS. 


Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  167. 

Undertaker's  establishment  as  a  nuisance, 
see  Nuisances,  §  8, 

Validity  of  agreement  in  restraint  of  trade 
ancillaiy  to  sale  of  business  as  affected 
by  its  territorial  scope.  L.R.A.1916C, 
630. 

Liability  for  consenting  to  and  co-operating 
in  unauthorized  autopsy.  L.R.A.1918D, 
404. 


UNDERWRITERS. 


In  general,  see  Ixscbaxce. 
Unlawful  combination  of,  see  Monopoly  and 
Combinations,  §  11. 


UNDISCLOSED   PRINCIPAL. 

See  Principal  and  Agent,  §§  24-27,  43. 
Covsulf  als^o  L.R.A.  Digests  of  Cases. 


Innocent  misrepresentations  as  to  health  of 
insured  having.     53  L.R.A.  193. 


UNDISCOVERED  PERSONS. 

Liability  of  railroad  company  for  injury  to, 
see'RAiLROADs,  §§  53,  63. 


UNDISPUTED    CLAIMS. 

Payment  of  part  of  a  liquidated  and  undis- 
puted debt  as  a  consideration  for  the 
discharge  of  the  whole.  L.R.A.1917A, 
719. 


UNDIVIDED  INTEREST. 

Replevin  for,  see  Replevin,  §  7. 


UNDUE  INFLUENCE. 

Presumption  as  to,  see  Evidence,  §§  52,  53. 
Relevancy  of  evidence  as  to,  see  Evidence, 

§  260. 
Sufficiency    of    evidence    of,    see    Evidence, 

§  300. 
On  testator,  see  Wills,  §§  16,  17. 

As  a  ground  for  relief  from  a  voluntary 
trust.     19  L.R.A.  767. 

Effect  of  undue  influence  by  physician  to 
avoid  release.  5  L.R.A.(N.S.)  663;  50 
L.R.A.(N.S.)    1091. 

In  contract  requiring  servant  to  elect  be- 
tween acceptance  of  benefits  out  of  re- 
lief fund  and  a  prosecution  of  his 
claims  in  an  action  for  damages.  11 
L.R.A.(N.S.)  192;  48  L.R.A.  (N.S.)  448. 

Rights"  and  remedies  of  prior  beneficiary 
where  change  of  beneficiary  is  accom- 
plished bv  fraud  or  undue  ictluence. 
L.R.A.1916C,  1133. 

Undue  influence  in  conveyance  or  transfer 
of  property  in  consideration  of  sup- 
port of  the  grantor  or  a  third  per- 
son.    52  L.R.A. (N.S.)   476. 


UNEQUAL  SERVICES. 

Compensation  of  partner   in    case    of.      17 
L.R.A.(N.S.)   391;  L.R.A.1917F,  575. 


UNFAIR   COMPETITION. 

§   1.  Generally. 

See  also  Trademarks;  Tradenames. 

Imitation  of  union  label.     39  L.R.A. (N.S.) 

]191. 


1338 


INDEX  TO  L.E.A.  NOTES. 


UNFAIR  COMPETITION— cont'd 

Interference  by  competitor  or  others  with 
agents  of  dealer  or  manufacturer.  9 
L.R.A.(N.S.)    904. 

Unfair  competition  in  sale  or  manufacture 
of  article,  not  protected  by  patent,  iden- 
tical witn  that  originated  by  com- 
petitor.    17  L.R.A.(N.S.)   448. 

Unfair  competition  by  retailer  or  jobber  as 
against  manufacturer  by  substitu- 
tion of  goods.  52  L.R.A.  (N.S.) 
899. 

Liability  of  individual  in  absence  of  any 
element  of  conspiracy  for  driving  away 
another's  customers.  22  L.R.A. (N.S.) 
1224;  L.R.A.1915B,  1180. 

Power  of  equity,  upon  enjoining  unfair  com- 
petition to  require  defendant  to  pay 
damages  sustained  by  complainant  as 
distinguished  from  profits  realized  by 
defendant.     21  L.R.A. (N.S.)   526. 

§   2.  What  constitutes. 

By  adoption  of  descriptive  term  from  for- 
eign language.     32  L.R.A. (N.S.)   443. 

In  use  of  combination  of  geographical  name 
with  numeral.     34  L.R.A. (N.S.)   1040. 

Unfair  competition  by  placing  means  there- 
of in  hands  of  retailer  without  any  in- 
tention to  deceive  him.  9  L.R.A.  (N.S.) 
3096;    24  L.R.A. (N.S.)    901. 

Infringement  or  unfair  competition  in  sim- 
ulating toy  or  other  article  of  no  utili- 
ty which  is  a  diminutive  replica  of  ar- 
ticle in  general  use.  44  L.R.A. (N.S.) 
]057. 

Unfair  competition  in  using  rival's  contain- 
er for  competing  product.  L.R.A.1915F, 
945. 

Use  of  another's  trademarl<  or  insignia  not 
technically  a  trademark  for  advertis- 
ing purposes  as  unfair  competition. 
L.R.A.1915B,  889. 

§   3.  Protection  against. 

Injunction  against,  see  Injunction,  §§  69, 
70. 

Protection  of  union  labels  on  ground  of.  39 
L.R.A. (N.S.)  ]]94. 

Protection  of  descriptive  word  or  phrase  on 
the  ground  of  unfair  competition. 
L.R.A.1918A,  980. 

Right  to  protection  in  use  of  terms  descrip- 
tive of  a  process.    L.R.A.1916E.  034. 

Right  to  protection  against  use  of  a  par- 
ticular number  bv  a  competitor.  8 
L.R.A.(N.S.)    1153. 

Right  to  protection  against  use  by  rival  of 
similar  design,  shell  or  pattern  not  pro- 
tected by  patent.  19  L.R.A. (N.S.)  269; 
37   L.R.A.(N.S.)    259. 

Right  to  protection  in  use  of  geographical 
name  on  ground  of  unfair  compe- 
tition.    20  L.R.A.(N.S.)    73. 


UNFINISHED   BUILDING. 

Insurable  interest  in.    43  L.R.A.  664. 


UNFIT  CONDITION. 

Of  prison,   liability   for   injury   due   to,  see 
Jails  and  Prisons,  §  3.' 


UNFITNESS. 


Of  fellow-servant,  master's  duty  as  to,  see 
Master  and  Servant,  §§  104,  105. 

Liability  for  serving  unfit  food.     40  L.RA. 
(N.S.)    480;  L.R.A.1915B,  481. 


UNFOUNDED    BELIEF. 

As    proof    of   testamentary    incapacitv.      27 
L.R.A.  (N.S.)   66;  L.R.A.1915A,  459. 


UNFOUNDED  CLAIM. 

As  subject  of  valid  compromise.     25  L.R.A. 
(N.S.)   275. 


UNGUARDED   MACHINERY. 

Master's  duty  to  guard  machinery,  see  Mas- 
ter and'  Servant,  §  90. 


UNIFORM. 


Right  to  require  or  prohibit  wearing  of  uni- 
forms in  public  school  or  college.  42 
L.R.A. (N.S.)    337. 


UNIFORMITY. 


In  license  fee,  see  License.  §§  46,  46a. 

In  taxation,  see  Taxes,  §§  8-12,  39,  93,  94. 


UNILATERAL    CONTRACTS. 

In  general,  see  Contracts,  §  18. 

Consideration  for  promise  to  pay  for  secur- 
ing release  from.     L.R.A.  1918F,  666. 


UNINCORPORATED  SOCIETY. 

Charitable  gift  to,  'see  Charities,  §  4. 


Beqin  with  this  hook  on  evertf  law  question. 


UNINDORSED    CHECK. 

As  subject  of  larceny  or  embezzlement. 
L.R.A.  (N.S.)   499. 


42 


INDEX  TO  L.R.A.  NOTES. 


1330 


UNION.  j  UNITED  STATES— cont'd 

I  Rights  in  literary  worlc  done  in  connection 
Labor  union,  see  CoNSPiBACY,  §§  4-8;  Laboe  ]  with    official    duties.      5    L.R.A.  (N.S.) 


Okgaxizatioxs. 
Of  Cumberland  and  Presbyterian  churches, 
see  Religious    Societies. 

«-•-» 


UNION   DEPOT. 

Power  to  require  establishment  of.  L.R.A. 
1915D,  98. 

Person  at,  as  a  passenger,  40  L.R.A, (N.S.) 
778. 

Liability  of  railroad  company  for  injuries 
to  its  servants  by  negligence  of  union 
depot  employees.  13  L,R,A,(N,S.) 
11!)6, 

Liability  of  union  depot  company  for  negli- 
gence of  its  own  or  carrier's  employees. 
33  L,R,A.(N,S,)  433. 


UNION    LABELS. 

See  L.\BJSLS,  §  2, 


■♦•» 


UNION  LABOR. 

See  Labor  Organizations, 

♦*-♦ 

UNION   MORTGAGE    CLAUSE. 

Eft'ect  on  riglits  of  mortgagee  of  breach  of 
policy    by    mortgagor   under.      18   L.R.A. 
(N.S.)'  204;  L.R.A.1915C,  759. 


UNITED   STATES. 


§    1.  Generally. 

Bonds  of,  see  Bonds,  III. 
Ta.K    on    property    or    instrumentalities    of, 
see  Taxes,  §§  6,  7, 

Giving  of  free  service  or  reduced  rates  by 
public  service  corporation  to  Federal 
government  as  an  unlawful  discrim- 
ination, L.R.A.1918D,  906. 

Duty  of  government  official  to  know  signa- 
ture of  drawer  of  draft.  L.R.A.1915D, 
797. 

As  trustee  in  charitable  bequest.  14  L.R,A. 
(N.S.)    113, 

Jurisdiction  of  state  courts  over  lands  of. 
17  L.R.A.  720, 

§   2,  Rights  and  powers. 

TJight  to  erect  wharves.     40  L.R.A.  647, 
Control  of  right  of  fishery,     39  L.R,A,  581. 

§    3.  ^  property    rights, 

Ownersliip  ot  waters  by,  see  Waters.  §  S. 

Consult  also  L.B.A.  Digests  of  Cases. 


1193. 

§    4.   Chiinis   against. 

Running  of  limitations  on,  see  Limitation 
OF  Actions,  §  16. 

Situs  of  claims  against,  for  purposes  of  ad- 
ministration.    24  L.R.A.  687. 

Circumstances  under  which  employee  of 
LTnited  States  may  recover  remunera- 
tion for  extra  work.  30  L.R.A. (N.S,) 
600. 

Acceptance  of  partial  allowance  of  claim 
as  an  accord  and  satisfaction,  42 
L,R,A,(N.S.)  J12, 

§   5,  Claims   in   favor  of. 

Imprisonment  for  debts  owing  to,  34  L.R.A. 

671. 
Exemption    as   against    fincfe   and   penalties 

when    United    States    is    the    plaintiff. 

L.R.A.191.5A,    1216. 
Applicability  as  against  government  of  pre- 
sumption   of    payment    from    lapse    of 

time.     L.R.A. W16B.  739. 
Applicability    to    government    of    statutes 

limiting       liability       of       shipowners. 

L.R.A.1917C,  1110. 

§   6.  —  priority  of. 

Of  claims  against  insolvent,  see  Insolvenct, 
§  7. 

Priority  of  judgment  in  favor  of.  47  L.R,A. 
479. 

Common-law  priority  of  United  States  in 
payment  from  assets  of  debtor,  46 
L,R.A.(N.S,)   261;  L.R,A,1918A,  398, 


UNITED  STATES  BONDS. 

In  general,  see  Bonds,  III, 

Taxation,  as  part  of  capital  st«ck  of  corpo- 
ration.   57  L.R.A.  57 ;  58  L.R.A.  568. 

Applicability  of  general  tax  exemptions  to 
inheritance  or  succession  tax  on,  23 
L,R.A.(N.S.)    1208, 


♦  «» 


UNITED   STATES  MARSHAL. 

See  Marshal. 

♦-•"♦ 

UNITED  STATES  SENATORS. 

Provision  in  primary  election  laws  for  popu- 
lar election  of,     22  L,R,A,(N.S.)    1147. 

Constitutionality  of  popular  elections  of.  41 
L.R.A.  (N.S!)   140, 


UNITED  STATES  SUPREME  COURT. 

See  Supreme  Court  of  the  United  States. 


1340 


INDEX  TO  L.R.A.  NOTES. 


UNKNOWN  CHANNEL. 

Character  of  water  flowing  underground  in 
defined  but  unknown  channel.  2  B. 
R.  C.  991. 


UNKNOWN   NAME. 

Liability  of  officer  for  making  arrest  of  per- 
son having.    51  L.R.A.  219. 


UNKNOWN  PERSONS. 

Effect  of  omission  of  statement  that  owner 
is  unknown  in  proceedings  in  rem  to 
enforce  tax.     36  L.R.A.(N.S.)    1060. 

Telegraph  company's  duty  as  to  discovery 
of  unknown  sendee.  22  L.R.A.  (N.S.) 
761. 


UNLAWFUL  ACT. 


Homicide  in  commission  of,  see  Homicide, 

§§  10,  11,  16-18. 
Homicide  to  prevent,  see  Homicide,  §  23. 


UNLAWFUL  ARREST. 

Liability  for,  see  False  Impbisoxment. 

Homicide  in  resisting.     66  L.R.A.  375;   33 
L.K.A.(N.S.)  147. 


UNLAWFUL    ASSEMBLAGES. 

Municipal  habilitv  for  permitting  in  street. 
23  L.R.A.(N.'S.)    63S. 


UNLAWFUL  BUSINESS. 

Liability   of   partnership   for    engaging   in. 
51  L.R.A.  495. 


♦  •» 


UNLAWFUL  DETAINER. 

See  FoBciBLE  Ektbt  and  Detaixeb. 


UNLAWFUL  WORK. 

Employer's  liability  for  acts  of  independent 

contractor  in."  14  L.R.A.  831. 
Begin  icith  this  hoolc  on  every  laiv  question. 


UNLICENSED   PERSONS. 

Effect  of  failure  to  procure  license,  see  Li- 
cense, §§  15,  16. 


UNLIQUIDATED  CLAIMS. 

Accord  and   satisfaction  as  to,  see  AccoBl> 

and  Satisfaction. 
Gai-nisiiment  of,  see  Gabni.^hment,  §  11. 
Set-oft'    of    or    against,    see    Set-Off    ani> 

COCNTEBCLAIM,    §    5. 

Application  to,  of  doctrine  of  accounts  stat- 
ed.    45  L.R.A. (N.S.)    .5.37. 

Right  to  maintain  action  or  on  original  un- 
liquidated claim  for  mere  failure  ta 
pay  at  time  stipulated  in  agreement  of 
accord  or  compromise.  45  L.R.A. 
(N.S.)    1062. 

Interest  during  receivership  on  unliquidated 
claim  accruing  prior  to  appointment  of 
receiver.     L.R.A.1917D,  1169. 


UNLIQUIDATED  DA3fAGES. 

Set-off  of,  in  bankruptcy  cases.     55  L'.R.A.. 

37. 
Set-off  of  damages  existing  before  rendition 

of  judgment  as  ground  for  injunction. 

31  L.R.A.  765. 


UNLIQUIDATED  DEMANDS. 

Accord  and  satisfaction  by  part  payment  of, 
see  Accobd  and  Satisfaction,  §  3. 


UNLOADED    AA^EAPON. 

Pointing  unloaded   firearm   as   assault.     15- 
.    L.R.A.(N.S.)  1272. 


UNLOADING  CARS. 

As  railroad  hazard  within  statute  changing 
fellow  servant  rule.  18  L.R.A. (N.S.) 
480;  47  L.R.A. (N.S.)   115. 

Provision  exempting  carrier  from  liability 
for  loss  due  to  unloading  as  extending 
to  loss  caused  by  negligence.  6  B.  R, 
C.  131. 


♦  ♦» 


UNLOADING    iES.SEL. 

See  Shipping,  •§  19. 

■»•» 

UNMARRIED. 


Meaning  of  word.     15  L.R.A.  292. 


INDEX  TO  L 

UNMATURED   CLAIM. 

Set-off  of.  see  Set-Off  and  Cou-\terclaim, 
§  19. 


UNNATURAL  BEQUEST. 

Effect  of  unnatural  testamentary  disposition 
on  question  of  undue  influence.  6 
L.R.A.(N.S.)  202;  22  L.R.A.(N.S.) 
1024. 


UNNECESSARY  DANGER. 

Voluntary    exposure    to,    see    Insubance, 
§§  158,  164. 


UNPRECEDENTED  FLOOD. 

As  act  of  God.     11  L.R.A.  615. 

Destruction  of  boom  or  dam  by,  as  affect- 
ing liability  of  one  under  contract  to 
build  and  maintain  it.  35  L.II.A. 
(N.S.)    1109. 

•Contractor's  liability  to  replace  bridge  de- 
stroyed by  unprecedented  flood  against 
which  he  does  not  contract.  15  L.R.A. 
(N.S.)    83.3. 

♦  •» 


UNPUBLISHED   PICTURES. 

Common-law   right   in.     1   B.   R.   C.   195. 


^*» 


UNQUALIFIED    LIMITATIONS. 

Under    rule    in    Shelley's   Case.     29   L.R.A, 
(N.S.)   1069,  1123,  1148. 


UNREASONABLE   DETENTION. 

Effect  of,  on  liability  of  officer  making  ar- 
rest.    51  L.R.A.*  216. 


^•» 


UNREASONABLE    SEARCH. 

See  Search  and  Seizure. 

♦-•-♦ 

UNREPEATED   MESSAGES. 

Validity  of  limitation  of  liability  of  tele- 
graph companv  for.  11  L.R.A. (N.S.) 
561;  30  L.R.A.  (N.S.)  409;  L.R.A. 
ini,5B.  685. 

Applicability  of  stipulation  as  to  repeating 
telegraph  messages  to  failure  or  delay 
in  transmission  or  delivery.  28  L.R.A. 
(N.S.)    566. 

Consult  also  L*R.A,  Digests  of  Cases. 


R.A.  NOTES.  1341 

UNRESTRICTED  INDORSEMENT. 

Parol   evidence  as  to  purpose  of,   see  Evi- 
dence, §  171. 


UNSANITARY   PREMISES. 

Vendor's  liability  to  purchaser  on  account 
of  unsanitary  condition  of  premises. 
34  L.R.A.(N.S.)   1035. 


UNSEALED    INSTRUMENT. 

Unsealed  transfer  or  assignment  as  a  gift. 
21  L.R,A.  693. 


UNSHAKABLE  DELUSIONS. 

As   proof   of   testamentary   incapacity.      27 
L.R.A.(N.S.)   72;  L.R.A.1915A,  459. 


UNSOCIABILITY. 


As   ground   for   divorce.     51   L.R.A. (N.S.) 
460. 


UNSOUND  MIND. 

See  Incompetent  Persons. 


UNSTAMPED    INSTRUMENT. 

See  Internal  Revenue,  §  2. 

♦♦» 

UNUSED  MATERIALS. 

As  basis  of  mechanics'  lien,  see  Mechanics' 
Liens,  §  11. 


UNUSUAL  STORMS. 

Municipal    liability   for   injury   by   surface 
water  during.    65  L.R.A.  277. 


UNWHOLESOMENESS. 

Of  food,  liability  for  injury  by,  see  Food, 
§5. 


UNWILLING  WITNESS. 

Right    of    party    calling    to    impeach.      21 
L.R.A.  423. 


1342 


INDEX  TO  L.E.A.  NOTES. 


UPLAND. 

Rights  of  owner  of,  in  water  generally,  see 
Watebs,  II. 

Right  of  owner  of,  to  access  to  water,  see 
Waters,  §  11. 

Separation  of  riparian  rights  from,  see  Wa- 
tebs, §  36. 


TJRINAIi. 

Injunction  against  public  urinals  constitut- 
ing nuisance.     23  L.R.A.  303. 


USAGE. 

See  Custom  and  Usage. 
♦-•-♦ — 


USER. 


See  Use. 


USE. 

Use  and  occupation,  see  Use  awd  Occupa- 

TIOX. 

Restrictions   on  use  of   dedicated  property, 

see  Dedication,  §  3. 
Of  insured  premises,  see  Insurance,  §§  74- 

78,  85-87. 
See  also  Uses. 

Permissive  user  which  will  constitute  a  ded- 
ication of  a  wharf  or  landing  place. 
48  L.R.A.(N.S.)    469. 

As  acceptance  of  dedicated  highway.  18 
L.R.A.  510. 

Eflfect  of  mere  use  of  highway  over  public 
domain  as  acceptance  of  grant  of  right 
of  way.  9  L.R.A.  (N.S.)  1223;  L.R.A. 
1917A,  359. 

Acquisition  of  easement  of  way  or  passage 
bv  use  and  severance.  26  L.R.A. (N.S.) 
346;  L.R.A.  191 5C,  349. 

Notice  of  title  to  land  from.  13  L.R.A. 
(N.S.)   94. 

Parol  evidence  to  establish.     20  L.R.A.  109. 

As  waiver  of  right  to  rescind  for  breach  of 
warrantv  or  noncompliance  with  con- 
tract.    .36  L.R.A.(N.S.)   467. 


USES. 

In  general,  see  Trusts. 
Charitable  uses,  see  Charities. 
See  also  Use. 


USURPATION. 

Of  governmental  powers,  see  Constitution"- 

AL  Law,  §§  18-20. 
Of   office,   see   Municipal   Cobpobations,   § 

118;  Officebs,  §  27. 

Scope  and  effect  of  provision  exempting  in- 
surer from  loss  caused  by  usurped  pow- 
er.    36  L.R.A. (N.S.)   1155. 

Mandamus  to  compel  one  usurping  office  to- 
turn  over  papers.    35  L.R.A.  ( N.S. )  528^ 


I. 

II. 
III. 


13. 


USE  AND  OCCUPATION. 

Accounting  for  by  cotenant,   see  Cotewan- 

CT,  §  8. 

When  action  for  use  and  occupation  of 
premises  will  lie.  14  L.R.A.  156;  26 
L.R.A.  802. 

Liability  for  use  of  leased  premises  by  one 
seizing  tenant's  goods  or  chattels.  43 
L.R.A.(N.S.)   527. 

Liability  of  ootenants  to  account  for,  28 
L.R'.A.  829;  29  L.R.A. (N.S.)  224. 

Of  intestate's  property,  liability  of  adminis- 
trator.    40  L.R.A.  .344. 

Action  for,  when  lease  invalid  under  stat- 
ute of  frauds.    26  L.R.A.  802. 

Admissibility  of  boolis  of  account  to  prove. 
52  L.R.A.  714. 

Bcffin  with  this  book  on  every  law  question. 


USURY. 

In  general,  §   1. 
What  constitutes,  §§  2— 8a. 
Effect;  defenses;  remedies;  penal- 
ties,   §§   9-13. 

a.  Effect,  §§   9-11. 

h.  Defenses,    §§    12, 

c.  Remedies,   §14. 

d.  Penalties,  §15. 

I.  In  general. 


§   1.  Generally. 

Effect  of  preferring  usurious  debt  in  as- 
signment for  creditors,  see  Assign- 
ment FOR  Cbeditors,  §  16. 

Law  of  place  as  to,  see  Conflict  of  L.\w8, 
§§  7,  7a. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  108. 

In  mortgage,  see  Mortg.-vge,  §§  23,  24. 

In   store  orders.     42   L.R.A. (N.S.)    1058. 

Constitutionality  of  statutory  discrimina- 
tion as  to  interest  rates.  2  L.R.A. 
(X.S.)    813;   27  L.R.A. (N.S.)    898. 

Right  of  one  to  testify  as  to  his  intent.  23 
L.R.A. (N.S.)  391. 

Creation  of  partnership  by  sharing  in  prof- 
its from  usurious  loan.  18  L.R.A. 
(N.S.)   1061. 

Federal  courts  following  state  decisions  a& 
to.     40  L.R.A.(N.S.)    428. 

Usurious  loan  office  as  a  disorderly  house, 
24  L.R.A, (N.S.)  507, 

Implied  warranties  against  usury  by  one 
passing  negotiable  paper.  10  L.R.A. 
(N.S.)    546. 

Payment  of,  or  promise  to  pay,  usurious  in- 
terest as  consideration  for  agreement 
extending  time  of  payment  <  f  obliea- 
tion.     52  L,R,A,(N.S.)   358. 


INDEX  TO  L.R.A.  XOTES. 


1313 


USURY— cont'd 

//.  What   constitutes. 

§   2.  Generally. 

Application  of  usury  law  to  purported  sale 
or  assignment  of  accounts.  L.R.A. 
]S)17,E,  1121. 

What  constitutes  payment  of  usurious  in- 
terest to  national  bank.    56  L.R.A.  702. 

In  sale  of  ex])ectaiicy  bv  prospective  lieir, 
33  L.R.A.  281. 

Usury  in  exacting  payment  of  interest  for 
full  term  u])on  payment  of  debt  before 
maturity.  28  L.R.A.  ( N.S. )  113 ;  L.R.A. 
1916B,  812. 

As  affected  by  question  whether  transac- 
tion is  purchase  or  discount  of  note  or 
bill.    16  L.R.A.  224. 

By  contract  for  life  insurance.  53  L.R.A. 
462. 

Issuance  of  corporate  bonds  at  less  than  par 
as  usury.     35  L.R.A. (N.S.)    1106. 

Applicability  of  usury  law  to  loans  other 
than  of  "money.    29  L.R.A.  (N.S.)  620. 

Inclusion  of  days  of  grace  in  computing  in- 
terest as  usury.     10  L.R.A. (N.S.)    839. 

Computation  of  interest  on  the  basis  of  thir- 
ty days  for  a  month,  or  three  Imndred 
and  sixty  davs  for  a  year,  as  usury.  5 
L.R.A. (N.S.)'  592. 

Validitj^  of  contract  to  resell  at  an  advance, 
property  purchased.  3  L.R.A.  (N.S.) 
213. 

Stipulation  for  attorneys'  fees  as  usury. 
L.R.A.1915B,   944. 

Payment  of  bonus  by  stranger.  L.R.A. 
'  1917F,  923. 

Loan  to  pay  usurious  debt.  L.R.A.1918C, 
354. 

§   3.  In  loans,  by  agent. 

rommissions  cliarged  borrower  by  lender's 
agent  as  usury.  19  L.R.A. (N.S.)  391; 
46  L.R.A. (N.S.)    1157. 

Power  of  legislature  to  restrict  fees  in  con- 
nection with  loans.  11  L.R.A. (N.S.) 
175. 

§   4.  In  loans  by  building  associations. 

Law  governing.     62  L.R.A.  64. 

By  fixed  premium  of  association.    35  L.R.A. 

244. 
Fines  in  building  and  loan  associations.     35 

L.R.A.  215. 
Constitutionality      of      statute      exempting 

building    and    loan    associations    from 

general  usury   laws.     26   L.R.A. (N.S.) 

1 135. 

§  5.  Lawfulness  of  taking  interest  in 
advance. 

In   general.     29   L.R.A.    761;    L.R.A.1915D, 

1195. 
In    ])eriodical    payments.      29    L.R.A.    766; 

L.R.A.191.5D."ll97. 
For  wliat  lensjth  of  time  allowed.     29  L.R.A. 

767:  L.R.A.1915D,  1197. 

§  6.  Agreement  for  interest  after  ma- 
turity. 

nonerallv.     49  L.R.A.  550. 

Consult  also  L.R.A.  Digests  of  Cases. 


USURY,  II.— cont'd 

Lump  sum,  a  penalty.     49  L.R.A.  551. 

Not  usury  if  debtor  can  relieve  himself.  49 
L.R.A.  551. 

Agreement  for  reduction  for  prompt  pay- 
ment.   49  L.R.A.  551. 

Provision  for  interest  only  in  case  of  de- 
fault.    49  L.R.A.  552. 

Higiier  rate  legal.     49  L.R.A.  552. 

Statutory  limitation.    49  L.R.A.  552. 

In  case  of  sales,  etc.    49  L.R.A.  553. 

Various  constructions.     49  L.R.A.  553. 

Express  penalty.    49  L.R.A.  554. 

Understanding  that  loan  shall  continue.  49 
L.R.A.  554. 

Notes  held  valid.     49  L.R.A.  555. 

Equitable   relief.     49    L.R.A.   555. 

§  7.  In  deferred  payments  of  pui*chase 
money. 

Generally.     27  L.R.A.  565. 

Making  interest  a  part  of  the  purchase 
price.     27  L.R.A.  566. 

Cash  and  credit  prices.    27  L.R.A.  568. 

Agreement  as  to  interest  made  after  orig- 
inal contract  completed.    27  L.R.A.  570. 

Other  contracts.     27  L.R.A.  570. 

Increasing  price  upon  sale  on  credit  as  usu- 
ry.    28  L.R.A. (N.S.)    102. 

§   8.  Interest  on   interest. 

Right,  in  case  of  renewal  of  loan,  to  com- 
pute interest  on  basis  of  including  ac- 
cumulated interest  as  part  of  principal 
of  renewal.     0  L.R.A. (N.S.)    612. 

Validity  of  agreement  to  pay  interest  on 
interest,  made  after  interest  has  be- 
come due.    18  L.R.A. (N.S.)  633. 

Validity  of  agreement,  made  before  interest 
becomes  due,  to  pay  interest  on  interest. 
33  L.R.A. (N.S.)    296. 

§   8a.  Purchase  of  paper  at  discount. 

Purchase    of    paper    at   discount   as   usury. 
43  L.R.A.(N.S.)   211. 

///.  Effect;  defenses;  remedies;  penal- 
ties. 

a.  Effect. 

§   9.  Generally. 

Effect  on  surety's  liability  of  usury  in  con- 
sideration for  extension  of  time  to  prin- 
cipal, see  Principal  and  Surety,  §  16. 

Constitutionality  of  statute  validating  usu- 
rious contract.     22  L.R.A.  384. 

As  affecting  validity  of  life  insurance  to  se- 
cure debt  to  insurer.     53  L.R.A.  463. 

Effect  on  surety's  liability  of  usury  in  con- 
sideration for  extension  of  time  for 
principal.     53  L.R.A.  316. 

Effect  of  preferring  usurious  debt  in  an 
assignment  for  creditors.  41  L.R.A. 
707. 

In  renewal  contract  as  affecting  original 
agreement.    33  L.R.A.  633. 

Right  of  bank  acquiring  paper  void  for  usu- 
ry as  between  prior  parties,  under  stat- 
ute prescribing  special  and  exclusive 
penaltie.?  against  a  bank  which  takes 
usury.    16  L.R.A. (N.S.)  626. 


1344 


INDEX  TO  L.R.A.  NOTES. 


USURY,  III.  a— cont'd 

Injunction  against  sale  under  poAver  in 
mortgage  because  of  usury.  o5  L.R.A. 
(N.S.)  911. 

Conclusiveness  of  stated  or  settled  account 
containing  usurious  interest.  23  L.R.A. 
(N.S.)   790. 

Effect  of  usury  on  right  of  accommodation 
party  who  has  been  obliged  to  pay  bill 
or  note  to  recover  from  accommodated 
party.     37  L.R.A.(N.S.)    784. 

Effect  of  payment  of  usury.    53  L.R.A.  316. 

As  affecting  receipt  of  commercial  paper  as 
payment.     35  L.R.A. (N.S.)    72. 

Effect  as  between  the  parties  of  transfer 
of  property  in  satisfaction  of  usu- 
rious debt.    36  L.R.A. (N.S.)  134. 

Payment  of  usurious  interest  as  consider- 
ation for  agreement  extending  time  of 
payment  of  obligation.  52  L.R.A. 
(N.S.)  361. 

Usury  in  mortgage  as  affecting  rights  of 
purchaser  or  redempti  oners  under  fore- 
closure.    L.R.A.1915D,   349. 

§    10.  On   judgment. 

Suit  to  set  aside  judgment  for;  who  may 
maintain.     54  L.R.A,  765. 

As  ground  for  injunction  against  judgment. 
31  L.R.A.  761. 
By  confession.     30  L.R.A.  239. 

Enforceability  of  judgment  containing  usu- 
ry.   3  L.R.A. (N.S.)  715. 

Right  of  alleged  fraudulent  grantee  to  show 
that  judgment  against  grantor  was 
based  on  usurious  transaction,  67 
L.R.A.  601. 

Right  to  open  judgment  to  let  in  defense  of. 
12  L.R.A.(N.S.)  659;  L.R.A.  1916F, 
859. 

§    11.  By  national  bank. 

In  general.     56  L.R.A.  673. 

Where   usury   charged,   but   not   paid.      56 

L.R.A,  682. 
Remedy  where   interest  actually  paid.     56 

L.R.A.  689. 


l>.  Defenses. 

§   12.  Generally. 

As  defense  by  or  against  corporation,  see 
Corporations,  §  31. 

As  a  defense  against  a  bona  fide  purchaser 
of  a  bill  or  note.     L.R.A.1918C,  773. 

Defense  of,  as  against  holder  of  negotiable 
paper  transferred  after  maturity.  46 
L.R,A.  767. 

Usury  as  affected  by  the  borrower's  con- 
nection with  the  lender,  49  L.R.A. 
(N.S.)    1044. 

§   13.  "Who  may  set  up  defense. 

Usury  in  mortgage,  see  Mortgage,  §  24. 

Who  may  urge  usurious  character  of  debt 

preferred   in   assignment  for   creditors. 

41  L.R.A.  711. 
Right  of  transferee  of  mortgaged  property 

to  set  up  usury   in  the  mortgage.     10 

L.R.A.  (N.S.)    857. 
Begin  with  this  hook  on  every  law  question. 


USURY,  III.  b— cont'd 

The  riglit  of  a  vendee  of  real  estate  which 
is  subject  to  a  lion,  to  raise  the  ques- 
tion of  usury.  8  L.R.A. (N.S.)  814;  48 
L.R.A.  (N.S.)    840. 

Applicability  of  statute  forbidding  corpora- 
tion to  interpose  defense  of  usury,  as 
affected  by  the  foreign  or  domestic 
character  of  the  corporation,  tlu-  situs 
of  the  contract,  or  the  place  of  suit.  1 
L.R.A. (N.S.)  616. 

Estoppel  to  set  up  defense  of  usury  to  com- 
mercial paper  by  representations  to 
prospective  purchaser.  50  L.R.A.  ( N.S. ) 
1031. 

Right  of  creditors  to  set  up  usury  in  their 
debtor's  contract  with  others. 
L.R.A.1915C,  634. 

c.  Remedies, 

§    14.  Generally. 

Limitation  of  action  to  recover  back  usury, 
see  Limitation  of  Actions,  §§  38a,  54. 

Set-off  as  to,  on  foreclosure.    21  L.R.A.  323. 

Power  to  make  the  taking  of,  a  criminal  of- 
fense.   3  L.R.A.  ( N.S. )  530. 

Right,  in  absence  of  statutory  provision 
therefor,  to  maintain  action  to  recover 
back  usurious  payments.  L.R.A.1918B, 
585. 

d.  Penalties. 

§   15.  Generally. 

Cruel  and  unusual  punishment  for.  L.R.A. 
1915C,  570. 

Against  national  bank  for  taking  illegal 
interest.    56  L.R.A.  673. 

Recovery  of  penalty  for  usury  on  transfer 
of  property  in  satisfaction  of  usurious 
debt.     36  L.R.A. (N.S.)    135, 

Right  of  bank  acquiring  paper  void  for  usu- 
ry  as  between  prior  parties,  under  stat- 
ute prescribing  special  and  exclusive 
penalties  against  bank  which  takes  usu- 
ry.    16  L.R.A, (N.S.)    626. 


UTILITY. 

As  element  of  patentability  of  invention,  see 
Patent,  §  7. 


IITIIilTIES. 


Public  utilities,  see  PunLic  Service  Coepo- 
rations. 


UTTEBmG. 


Of  forged  instruments,  see  Fobgebt. 


IKDEX  TO  L.R.A.  NOTES. 


1345 


V 


VACAXCY. 


Of  insured  propertv,  see  Ixsiirance,  §§  75, 

86. 
In  office,  see  Officers,  §  17. 
Appointment  of  oflicer  to  till,  see  OFFICERS, 

§    14. 

Of  property,  as  affecting  right  to  enjoin 
nuisance  affecting  it.  40  L.R.A.(N.S.) 
642. 

When  does  vacancy  in  party  ticket  occur 
within  statute  autliorizing  filling  of  va- 
cancies.    41  L.R.A.  (N.S.)    1088. 


VACANT   LAND. 


Effect  of  statutes  permitting  action  by 
claimant  to  vacant  lands  on  equitable 
jurisdiction  to  remove  cloud  on  title. 
12  L.R.A.  (N.S.)    71. 


VACANT  PROPERTY. 

Liability  of  owner  for  using  it  or  permit- 
ting it  to  be  used  in  such  way  as  to 
collect  crowds  to  injurv  of  neighbor- 
hood.    11  L.R.A.(N.S.)   464. 


VACATION. 

Of  courts,  see  Col'rts,  §  47. 


VACCINATION. 

See  Health,  §  10. 


VAGRANCY. 


Criminal  liability  of  children  for.  36 
L.R.A.  207. 

Power  of  municipality  to  punish  vagrancy, 
which  is  also  an  offense  under  state 
law.     17    L.R.A. (N.S.)    52. 

Cruel  and  unusual  punishment  for.  35 
L.R.A.   578. 

Prohibition  of  fortune  telling  under  Eng- 
lish vagrancy  act.  43  L.R.A. (N.S.) 
204. 


VALIDATION. 


Curative  act,  see  Coxstitutional  Law, 
§§  9,  10. 

Of  undelivered  deed  by  ratification  or  es- 
toppel of  the  grantor.  9  L.R.A.(N.S.) 
945. 


VALUATION. 


For  purposes  of  transportation,  see  Cab- 
biers,    §4)    \^A^.    132. 

Of  property  of  public  service  corporations, 
see  Public  Service  Corporations,  §  5. 

Of  property  for  purpose  of  taxation,  see 
Taxes,  §§  56-58,  102,  103. 

Of  claims  against  insolvent  insurance  com- 
pany.    38  L.R.A.  100. 

Valuation  of  commercial  paper  for  purpos- 
es of  graduating  offense  of  larceny.  23 
L.R.A.  (N.S.)   1063. 

Considerations  of  time  and  place  in  deter- 
mining value  of  personal  property  for 
purpose  of  fire  insurance.  L.R.A.1915E, 
489. 


VALUE. 

§    1.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §  107. 

Opinion  evidence  as  to,  see  Evidexce,  §  194. 

Evidence  of,  generally  see  Evidexce,  §  262. 

Cash  surrender  value  of  policy,  see  Insur- 
ance, §  57. 

Of  child's  services  as  question  for  jury,  see 
Trial. 

Conclusiveness  of  expert  opinion  as  to.  42 
L.R.A.  767. 

Change  in,  as  defense  to  action  for  specific 
performance  of  contract  for  sale  of  cor- 
porate stock.     50  L.R.A.  510. 

Of  services  of  attorneys  in  dissolving  in- 
junction.     16  L.R.A.  (N.S.)    61. 

Burglary  as  affected  by  \alue  of  goods 
taken  or  sought  to  be  taken.  34  L.R.A. 
(N.S.)   243. 

§   2.  Misrepresentations  as  to. 

Fraud  or  mistake  as  to  value  of  land  sold, 
see  Vendor  and  Purchaser,  §  28. 

Right  to  rely  on  representations  as  to.  37 
L.R.A.  605. 

Statements  as  to,  as  a  fraud.  35  L.R.A. 
418,   436. 

Effect  of  misrepresentation  as  to  value  of 
goods  by  shipper  on  his  right  to  re- 
cover for  loss.  23  L.R.A.(N.S.)  745; 
L.R.A.1915A,  502. 


VALUED  POLICY, 


Conmilt  also  L.B.A.  Digests  of  Cases.    85 


Conflict  of  laws  as  to.    63  L.R.A.  866. 

Effect  of  valued  policy  statutes  on  agree- 
ments for  arbitration.  47  L.R.A. (N.S.) 
433. 

Statutory  provisions  regulating  valued 
policies  as  affecting  provisions  of  poli- 
cies for  prorating  loss  in  case  of  con- 
current insurance.     L.R.A.1916F,  997. 


1346 


INDEX  TO  L.R.A.  NOTES. 


VAPORS. 

Liability  for  damage  by,  see  Negligence, 

§  34. 

Presumption  as  to  statutory  authority  of 
railroad  to  emit  noxious  vapors.  70 
L.R.A.  594. 


VARIANCE. 


Between  pleading  and  proof,  see  Evidence, 
§§  330-332. 

Right  to  rescind  subscription  contract  for 
variance  between  prospectus  and  ar- 
ticles of  incorporation.     33  L.R.A.  733. 

Between  deed  and  certificate  of  sale  for 
taxes  as  to  statement  that  owners  are 
unknown.      36   L.R.A.  (N.S.)    1066. 

Between  execution  and  judgment  as  affect- 
ing amercement  of  officer  for  failure 
to  return  execution.  42  L.R.A. (N.S.) 
895. 

Variance  between  assignment  or  transfer 
of  insured  property  or  insurance 
policy,  and  the  insurer's  consent 
thereto.     42  L.R.A.(N.S.)    173. 

Between  indictment  and  bail  bond  or  recog- 
nizance in  description  of  offense.  38 
L.R.A.(N.S.)    325. 


VASECTOMY. 


Asexualization  or  sterilization  of  criminals 
or  defectives.  41  L.R.A. (N.S.)  419; 
L.R.A. 1918D,  236. 


VAULTS, 

Under  highway,  see  Highways,  §  14. 


VEGETATION. 


Right  to  vegetation  growing  in  highway,  see 
Highways,  §  43. 


VEHICLES. 


Liability  of  bailee  of  wagon,  see  Bailmei^t, 
§  6. 

Liability  of  bailor  of  wagon,  see  Bailment, 
§  12. 

Rights  and  regulations  as  to  vehicles  in 
highway,  see  Highways,  §§  45,  46. 

License  tax  on,  see  Licenses,  §  43. 

Liability  of  street  railway  company  for  in- 
jury bv  collision  with,  see  Street  Rail- 
ways,'§§  18,  19. 

See  also  Automobiles;  Bicycles;  Jitney 
Busses;  Motor  Cycle;  Stagecoaches. 

Begin  with  this  booh:  on  evei-y  law  question 


VEHICLES— cont'd 

Warranty  of  vehicle  kept  for  hire.  19 
L.R.A.  283. 

May  one  in  charge  of  a  vehicle  under  a  con- 
tract importing  a  bailment  or  lease  be 
regarded  as  a  servant  of  the  owner  as 
to  a  third  person  injured  by  the  veliicle. 
6   L.R.A. (N.S.)    544. 

Liability  of  master  for  injury  to  servant 
by  defect  in.     L.R.A.1918D,  1141. 

Liability  of  employer  for  negligence  of  one 
to  wliom  servant  intrusted  management 
of  vehicle  of  M'hich  he  had  charge.  6 
B.  R.  C.  705. 

Duty  and  liability  of  one  who  maintains 
temporary  obstruction  in  street  for  pur- 
pose of  loading  and  unloading  vehicle. 
24  L.R.A.  (N.S.)    97. 

Causing  trespasser  to  jump  from  moving 
wagon  as  actionable  conduct.  31  L.R.A. 
(N.S.)   1064. 

Validity  of  statutes  or  ordinances  regulat- 
ing horse-drawn  vehicles  in  citv  streets. 
31  L.R.A. (N.S.)  682. 

Who  responsible  for  acts  of  driver  of  hired 
vehicle.  13  L.R.A.  (N.S.)  1123:  16 
L.R.A.(N.S.)  816:  25  L.R.A. (N.S.)  33; 
38  L.R.A.  (N.S.)  973;  L.R.A.1918E,  121. 

Presvunption  of  carrier's  negligence  from 
collision  with  vehicle.  29  L.R.A. (N.S.) 
813;  L.R.A.1916C,  373. 

What  vehicles  are  subject  to  tolls  for  using 
toll  bridge.    30  L.R.A.  (N.S.)  363. 

Liability  of  county  for  injury  to.  39  L.R.A. 
33.' 

Municipal  liability  for  injury  bv  storage  of, 
in   street.   20' L.R.A.  (N.S. )"^  612. 

Character  of  vehicle  that  may  be  used  on 
private  right  of  way.  L.R.A.1918A, 
262. 

Opinion  evidence  as  to  speed  of.  34  L.R.A. 
(N.S.)   778;  L.R.A.1918A,  705. 

• -•*~-* 


VEINS. 

In  mines,  see  Mixes,  II.  a. 
*-•-*■ 


VENDEE'S  LIEN. 


See  Vendor  and  Purchaser,  §  7. 

«~*-»^ 

VENDOR   AND   PURCHASER. 

I.  In  general,  §§  l-4a. 
II.  Rights,    remedies,    and    tiahilities 
of  parties,   §§  .5-29. 

a.  In  general,  §§  5-9. 

b.  Rights       as       to       purchase 
money,   §§    10-14. 

c.  Title,   §§    15-18. 

d.  Qtiantiti/,   §§   19-21. 

e.  Rescission,    §§   22-25. 

f.  Fraud  or  mistake.  §§  26-29. 
Vendor's  lieu,   §§   30-35. 
Rights  and  liabilities  of  parties  as 

to  third  persons;  bona  fide  pur- 
chasers,  §§  36-39. 


III. 
IV. 


■it. 


INDEX  TO  L.R.A,  XOTES. 


1347 


VENDOR  AND  PURCHASER— cont'd 
7.  In   general. 

§    1.  Generally. 

Adverse  possession  by,  see  Adverse  Posses- 
sion, §  4. 

Bond  for  title,  see  Bond  for  Title. 

Boundaries  of  land  generally,  see  Bound- 
,  ARIES,    §g    4-9. 

Effect  of  conveyance  of  land  held  adversely, 
see  Champerty  and  Maintenance,  §  3. 

As  to  statute  of  frauds  in  relation  to  con- 
tracts of  vendor  and  purchaser,  see 
Contracts,  §§  40-49,  58,  59. 

Conveyance  by  one  cotenant,  see  Coten- 
ancy, §  11. 

Provision  in  land  contract  as  to  penalty  or 
liquidated  damages,  see  Damages,  §  40. 

As  to  deeds,  see  Deeds. 

As  to  what  constitutes  fraud  of  vendor,  see 
Fraud  and  Deceit. 

Sale  of  land  by  guardian,  see  Guardia:« 
and  Ward,  §§  7,  14. 

Conveyances  to  married  woman  by  third  per- 
sons, see  Husband  and  Wife,  §  38. 

Convevances  bv  husband  and  wife,  see  Hus- 
band AND 'Wife,  §§  39-42. 

Improvement  by  vendor,  see  Improvements, 

§11. 

Improvement  by  purchaser,  see  Improve- 
ments, §  12. 

Vendor's  intent,  see  Intent,  §§  7,  8. 

Judicial  sale,  see  Judicial  Sale. 

Covenant  against  sale  in  lease,  see  Land- 
lord and  Tenant.  §  19. 

Purchase  of  mortgaged  premises,  see  Mort- 
gage. §§  40-46. 

Sale  on  foreclosure,  see  Mortgage,  §  77- 
84. 

Purchase  by  agent  in  his  own  name,  see 
Principal  and  Agent,  §  34. 

Record  of  conveyances,  see  Records  and  Re- 
cording  Law,   IV. 

Sale  of  personal  property,  see  Sale. 

As  to  specific  performance,  see  Specific 
Performance,  §§  12,  13. 

Contract  for  support  of  grantor,  see  Sup- 
port, §  4. 

Sale  of  standing  timber,  see  Timber,  §§  2-5. 

Income  tax  on  sales  of  property.  L.R.A. 
1917E,  566. 

Lease  of  land  as  conveyance.  11  L.R.A. 
(N.S.)   99. 

Validity  of  sale  of  real  estate  by  railroad 
corporation.     25  L.R.A.  139. 

Validity  of  transfer  of  property  in  violation 
of  restraining  order.  50  L.R.A. (N.S.) 
871. 

Right  to  sell  real  estate  while  in  custody 
of  law.     1L.R.A.( N.S.)   1062. 

Implied  power  of  cashier  of  bank  to  sell 
or  lease  property.  31  L.R.A. (N.S.) 
737. 

Power  of  real  estate  broker  to  make  con- 
tract of  sale.  17  L.R.A.(N.S.)  210;  23 
L.R.A. (N.S.)   982. 

Effect  upon  escrow  of  the  imposition  of  con- 
ditions in  violation  of  vendor's  con- 
tract.    11  L.R.A.(N.S.)   1183. 

Consult  also  L.R.A.  Digests  of  Cases. 


VENDOR  AND  PURCHASER,  I.— cont'd 

Sale  of  real  property  as  an  abandonment. 
10  L.R.A. (N.S.)   633. 

Deed  of  land  held  adversely,  in  completion 
of  executory  contract.  35  L.R.A. (N.S.) 
743. 

Devolution  of  vendee's  interest  under  con- 
tract for  purchase  of  real  property.  42 
L.R.A. (N.S.)    440. 

Right  to  relief,  in  absence  of  contract, 
against  sale  of,  or  proposal  to  sell,  real 
property  to  person  or  for  purpose  re- 
garded as  undesirable.  44  L.R.A. 
(N.S.)   228. 

Admissibility  of  declarations  by  vendor 
made  out  of  court  as  to  his  purpose  in 
making  a  conveyance  or  transfer  at- 
tacked as  fraudulent  as  against  credit- 
ors.   41  L.R.A.(N.S.)   1. 

§  2.  Transfer  of  Interest  under  land 
contract. 

Ojal  transfer,  see  Contracts,  §  49. 

Applicability  of  statute  of  frauds  ta  assign- 
ment or  surrender  of  purchaser's  inter- 
est under  land  contract.  19  L.R.A. 
(N.S.)   879.      '.,.7.,;' 

§  3.  Nature  of  interest  in  land  con- 
tract. 

Nature  of  interest  of  vendor  or  vendee  in 
a  land  contract  as  real  or  personal 
property.     57  L.R.A.  643. 
Optional  land  contract.    57  L.R.A.  651; 
L.R.A.1916F,  358. 

§   4.  Option  for  purchase  of  land. 

Insurable  interest  of  holder  of  option. 
L.R.A.1918A,  393. 

Options  to  purchase  and  the  rule  against 
perpetuities  or  against  undue  suspen- 
sion of  power  of  alienation.  L.R.A. 
1917D,  904. 

Devolution  of  interests  of  respective  parties 
to.     L.R.A.1917D,  719. 

Validity  and  effect  of  agreement  by  vendor 
to  repurchase  or  permit  a  rescission  of 
the  contract  or  to  resell  the  property  at 
the  option  of  his  vendee.  L.R.A. 1917C, 
763. 

Communication  naming  price  as  a  quota- 
tion or  an  offer  to  sell.     3  B.  R.  C.  229. 

Assignability  of  option  to  purchase  proper- 
ty.   43  L.R.A. (N.S.)  115. 

Is  power  to  give  option  included  in  power 
to  sell  real  estate.  10  L.R.A.(N.S.) 
867. 

Nature  of  interest  of  vendor  or  vendee  in 
optional  contract  for  sale  of  land.  57 
L.R.A.   651;    L.R.A.1916F,   358. 

Liability  of  promoter  on  sale  to  corporation 
of  real  estate  on  which  he  holds  option. 
18  L.R.A.  (N.S.)    1114. 

Effect  on  liability  of  tenant's  suretj'  of  sur- 
render of  lease  containing  option  to  pur- 
chase.    9  L.R.A.  (N.S.)   557. 

Purchase  by  agent  for  principal  of  property 
which  agent  has  personally  an  option 
or  contract  to  purchase.  11  L.R.A. 
(N.S.)   122. 


134S 


INDEX  TO  L.R.A.  NOTES. 


VENDOR  AND  PURCHASER,  I.— cont'd 
To  purchase  real  property  as  a  taxable 
credit.  10  L.R.A.  (N.S.)"^  1061  j  34  L.R.A. 
(N.S.)  1221. 
Rights  of  third  person  intervening  between 
the  taking  and  exercising  of  an  option 
for  the  purchase  of  real  property.  28 
L.R.A.  (N.S.)  522;  43  L.R.A.  (N.S.) 
1150. 


§  4a.  Merger  of  stipulations  as  to  title 
in  executory  contract  in  subse- 
quently  executed  conveyance. 

Merger  of  stipulations  as  to  title  in  execu- 
tory contract  for  sale  of  real  estate, 
in  subsequently  executed  convey- 
ance.    31   L.R.A. (N.S.)    457. 


//.  Bights,  remedies,  and  liabilities  of 
,  parties. 

a.  In  general. 

§   5.  Generally. 

Conditions  in  deed,  see  Conditioxs,  §§  8- 
13. 

Covenants  between,  see  Covenants. 

Measure  of  damages  for  breach  of  contract 
to  sell,  see  Damages,  §  31. 

What  are  fixtures  as  between,  see  Fixtures, 
§  4. 

Rights  of  purchaser  from  fraudulent  grant- 
or, see  Fbaudtjlent  Conveyances,  §  16. 

Rights  of  purchaser  from  fravidulent 
grantee,  see  Fbaudulent  Conveyances, 
§  17. 

Purchaser  at  judicial  'sale,  see  Judicial 
Sale,  §§  11-16. 

In  case  of  purchase  pending  suit,  see  Lis 
Pendens.  §  4. 

Rights  and  liabilities  of  purchaser  of  land 
j  subject  to  a  mortgage,  see  Mortgage, 
§§  40-46. 

Purchaser's  right  to  redeem  from  foreclosure 
sale,  see  Mortgage,  §  89. 

Xotice  of  title  from  possession  of  vendee  or 
vendor,  see  Notice,  §  17. 

Vendor's  liability  for  nuisance,  see  Nui- 
sances, §  15. 

Purchaser's  liability  for  nuisance,  see  Nui- 
sances, §§  16,  "l7. 

Rights  of  purchaser  in  partnership  real 
estate,  see  Partnership.  §  24. 

Right  of  purchaser  by  quitclaim  deed,  see 
Quitclaim  Deed,  §  2. 

Specific  performance  of  contract,  see  Specif- 
ic Performance,  §§  12,  13,  15-19. 

Contract  for  support  of  grantor,  see  Sup- 
port, §  4. 

Grantee's  oral  promise  to  grantor  to  hold  in 
trust  as  giving  rise  to  constructive 
trust,  see  Trusts,  §  13. 

Stipulation  that  vendee  shall  become  a  ten- 
ant.   49  L.R.A.  435. 

Rights  as  to  insurance  money.  37  L.R.A. 
150. 

Right  of  vendor  to  proceeds  of  insurance  in 
name  of  vendee.     13  L.R.A. (N.S.)   909. 

Right  of  purchaser  to  benefit  of  insurance 
taken  out  by  vendor.  L.R.A.1918D,  938. 

Begin  with  this  hook  on  every  latv  qnestion. 


VENDOR  AND  PURCHASER,  II.  a— cont'd 

Rights  in  respect  to  compensation  for  im- 
provements on  land,  made  in  good  faith 
under  oral  contract,     53  L.R.A.  337. 

Admissibility  of  parol  evidence  as  to  im- 
provements to  be  made  on  tract  from 
which  a  lot  is  sold.  36  L.R.A. (N.S,) 
896. 

Privity  of  estate  between,  in  party  wall. 
66  L.R.A.  683. 

Stipulation  against  assignment  by  vendee 
without  vendor's  consent.  35  L.R.A. 
(N.S,)    1064, 

Liability  of  vendor  to  purchaser  on  account 
of  unsanitary  condition  of  premises,  34 
L,R,A.(N,S,)    1035, 

Implied  easement  by  exhibiting  unfiled  plat 
to  intending  purchaser,  35  L,R,A. 
(N.S.)   938. 

Remedy  of  one  who  fails  to  record  a  deed 
against  his  grantor  who  subsequently 
conveys  to  an  innocent  third  person.  26 
L.R.A,  (N.S.)   284. 

Dedication  of  land  by  vendor.  31  L.R.A. 
(N.S.)    1026. 

Conveyance  of  lots  laid  down  on  plat  as 
preventing  a  change  in  use  or  form  of 
property.     14  L.R.A. (N.S.)    1067. 

Applicability  of  rule  of  caveat  emptor  to 
sales  for  partition,  33  L,R.A. (N.S.) 
409. 

Damages  for  breach  of  contract  to  convey 
real  estate.     16  L,R.A,(N,S.)   768. 

Right  of  one  holding  bond  for  title  to  main- 
tain bill  against  third  person  to  remove 
cloud.    15  L.R.A.  (N.S.)  413. 

Is  purchaser  of  real  property  under  execu- 
tory contract  the  owner  thereof  for 
purpose  of  taxation,  24  L,R,A, (N.S.) 
1300. 

Who  responsible  as  between  vendor  and 
vendee  for  taxes  accruing  after  sale 
but  before  title  perfected  in  pur- 
chaser. 43  L,R.A,(N,S.)    51, 

Rights  of  vendor  and  vendee  as  to  notice  to 
redeem  from  tax  sale.  44  L.R.A. (N.S.) 
666, 

Right  of  vendee  to  acquire  tax  title  adverse- 
ly to  vendor.    46  L.R.A.(N.S.)  209. 

Interest  of  vendee  under  an  executory  con- 
tract for  the  purchase  of  real  property 
as  subject  to  lien  of  judgment,  execution 
or  attachment  against  him.  L.R.A. 
1915B,  340, 

Liability  of  purchaser  who  takes  possession 
under  parol  contract  of  sale  in  action 
for  rents  or  for  use  and  occupation, 
where  vendor  refuses  to  perform. 
L.R.A.1915E,  405.' 

Recovery  of  unlawful  payments  demanded 
by  vendor  as  made  under  duress  of  real 
property.     L.R.A.1915B,  501. 

May  contract  which  purports  to  describe 
premises  by  number  of  acres  be  satis- 
fied by  a  conveyance  of  that  number  of 
acres  out  of  a  larger  tract  which  other- 
wise answers  the  description.  L.R.A. 
1916C,  1100. 


INDEX  TO  L.R.A.  NOTES. 


^349 


VENDOR  AND  PURCHASER,  II.  a— cont'd 
Addition   of  name   of   attesting   witness   to 

land  contract  as  an  alteration.     L.R.A. 

1917D,  828. 
Implied  or  ostensible  authority  of  agent  for 

the  sale  of  land  as  to  representations. 

L.R.A.1917F,  p62. 
Implied  or  ostensible  aiithority  of  an  agent 

to  bind  his  principal  by  covenants  in  the 

sale  of  real  property.   L.R.A.1917F,  954. 
Right  of  pureliaser  from  testator  to  contest 

will.     L.R.A.1918A,  455. 
Right  of  purchaser  after  testator's  death  to 

contest  will.    L.R.A.1918A,  455. 
Validity  and  effect  of  agreement  by  vendor 

to  repurchase  or  permit  a  rescission  of 

tlie  contract  or  to  resell  the  property  at 

tlie  option  of  his  vendee.    L.R.A.1917C, 

703. 
Validity   of    contract   by   vendor   to   repur- 

cliase    vendee's    interest    after    latter's 

default.     35   L.R.A.  (N.S.)    544. 
Validity  of  conveyance  of  property  in  enemy 

countrv  during  war  to  a  citizen  of  that 

country.     L.R.A.1917C,  687. 

§  6.  AVho  must  bear  loss  resulting  be- 
fore completion  of  contract. 

Respective  rights  to  proceeds  of  insurance 
policy,  see  Insurance,  §  183. 

Who  must  bear  loss  from  destruction  or 
deterioration  of  property  before  con- 
tract has  been  coinpletely  performed 
by  transfer  of  legal  title.  27  L.R.A. 
(X.S.)    233;   43  L.R.A. (N.S.)    383. 

Right  of  vendee  to  specific  performance  with 
alloAvance  for  buildings  destroyed  after 
making  executory  contract.  10  L.R.A. 
(N.S.)    125. 

§    7.  Vendee's  lien. 

Right  of  vendee  under  executory  contract 
to  a  lien  on  the  land  for  the  amount 
paid  thereon  where  the  contract  fails 
or  is  rescinded.    20  L.R.A. (N.S.)  175. 

§   8.  Right  to  crops  or  rental. 

Right   to   crops   growing   on,    or   rental   of, 

real  estate  sold  upon  contract.     35 

L.R.A.  (N.S.)       1066;      38      L.R.A. 

(N.S.)   420. 

Conveyance  of  land  as  including  crops.     23 

LliR.A.  451;   L.R.A.1917C,  35. 

§  9.  Performance;   tender. 

Necessity  of  perfecting  title  before  time  for 

performance  in  order  to  hold  vendee.    3 

L.R.A.  (N.S.)   103. 
Ability  of  vendor  to  perform  as  condition 

precedent  to  liis  enforcement  of  right  to 

rescind  or  declare  a  forfeiture.  3  L.R.A. 

(N.S.)   103. 
Effect  of  tender  by  vendee  of  purchase  price 

before  due  to  put  other  party  in  default. 

20  L.R.A. (N.S.)  338. 
Who  may  enforce  contract  for  sale  of  real 

property  where  only  one  party  signed 

contract.      28    L.R.A. (N.S.)     694;     43 

L.R.A. (N.S.)    410. 
Consult  also  L.R.A.  Digests  of  Cases. 


VENDOR  AND  PURCHASER,  II.  b— cont'd 

Z».  Rights  as  to  purchase  money. 
§    10.  Generally, 

Mortgage  for  pui-chase  monej',  see  Pub- 
chase  Money,  §§  6,  7. 

Effect  of  statutory  bar  of  action  for  pur- 
chase money  upon  right  to  enforce  ven- 
dor's lien.    39  L.R.A.  (N.S.)  1171. 

Right  of  vendee  to  specific  performance  with 
abatement  from  purchase  price  where 
vendor  is  unable  to  convey  a  good  and 
unencumbered  title.  10  L.R.A.(N.S.) 
117;  38  L.R.A.(N.S.)  1195;  L.R,A. 
1917F,  597. 

Effect  of  defendant's  mistake  of  fact  as  to 
purchase  price  on  right  to  specific  per- 
formance of  contract  induced  thereby. 
15  L.R.A.(N.S.)  87. 

Amount  due  under  contract  for  purchase  of 
land  not  evidenced  by  note  or  purchase- 
money  mortgage  as  a  credit  subject  to 
taxation.     17   L.R.A.(N.S.)    1220. 

Agreement  of  vendee  to  divide  proceeds  of 
each  sale  with  vendor  as  affected  by 
statute  of  frauds.    8  L.R.A.  (N.S.)  1137. 

Right  of  vendor  to  vmpaid  instalments  of 
the  purchase  price  where  the  con- 
tract has  terminated  or  been  re- 
scinded for  default  of  vendee. 
L.R.A.1916C,  893. 

§   11.  Collection  of. 

Injunction  against  judgment  for  purchase 
money.     31  L.R.A.  748. 

Failure  of  consideration  as  ground  for  in- 
junction against  judgment  for  purchase 
money.    31  L.R.A.  753. 

Injunction  against  the  collection  of  purchase 
money  where  the  title  to  land  is  defec- 
tive.    7  L.R.A.(N.S.)   445. 

Rescission  as  condition  of  injunction  against 
collection  of  purchase  money  where  title 
to  land  is  defective.  7  L.R.A. (N.S.) 
463. 

Failure  of  consideration  as  a  defense  to 
action  on  a  purchase  price  note.  .39 
L.R.A. (N.S.)    938;    L.R.A.1918A,   1055. 

§  12.  — right  of  grantee  in  possession 
to  question  grantor's  right  to  col- 
lect. 

Failure  of  consideration.     21  L.R.A. (N.S.) 

363. 
Remedy  on  covenants  in  the  deed.    21  L.R.A. 

(N.S.)  376. 
Purchaser  under  the  title  bond.     21  L.R.A. 

(N.S.)    380. 
Quitclaim  deed.    21  L.R.A.(N.S.)  385. 
Notice  of  defective  title.     21  L.R.A.(N.S.) 

385. 
Where  the  title  is  cured.     21  L.R.A.  (N.S.) 

387.  :  ■"  ,  ■;',  ;,  . 

Liens  against  the  property.  21  L.R.A.  (N.S.) 

388. 
Covenant  of  seisin.    21  L.R.A.  (N.S.)  391. 
Ejectment.     21  L.R.A.(N.S.)    393. 
Fraud,  mistake,  insolvency,  and  rescission. 

21  L.R.A. (N.S.)  395. 
Estoppel.    21  L.R.A.(N.S.)  399. 


1350 


INDEX  TO  L.R,A.  XOIES. 


VENDOR  AND  PURCHASER,  II.  b— cont'd 
§   13.  Tender  of  deed   as  prerequisite. 

Tender  of  deed  or  abstract  of  title  as  con- 
dition of  enforcing  forfeiture  for  fail- 
ure of  vendee  to  pay  last  instalment  of 
purchase  money.     2S  L.R.A.(N.S.)   956. 

§  14.  Recovery  back  of  purchase 
money. 

Right  of  vendee  in  contract  for  sale  of  real 
propertv  to  recover  payments. 
L.R.A.19185,  540. 

Because  of  misrepresentation  as  to  loca- 
tion of  propertv.  38  L.R.A.(N.S.) 
306. 

Upon  resale  bv  vendor  after  purchaser's 
default.  '  35  L.R.A.(N.S.)  532, 
L.R.A.1918B,  540. 

Where  contract  does  not  satisfy  the 
statute  of  frauds.  L.R.A.1916D, 
468. 

c.  Title. 

§    15.  Generally. 

Fraud  or  mistake  as  to  title,  see  infra.  §  27. 

Duty  of  vendor  as  to  abstract  of  title,  see 
Abstracts. 

Title  acquired  by  purchaser  at  judicial  sale, 
see  Judicial  Sale,  §  14. 

Effect  on  marketable  title  of  failure  to  make 
one  party  to  suit,  see  Parties,  §  35. 

Effect  of  doubtful  title  on  right  to  specific 
formance.  see  Specific  Perform- 
ance, §  17. 

What  constitutes  "satisfactory  title,"  with- 
in requirement  of  land  contract  or  other 
agreement  relating  to  land.  18  L.R.A. 
(N.S.)    741. 

Right  of  grantee  in  possession  with  notice 
of  defective  title  to  question  grantor's 
right  to  collect  purchase  money.  21 
L.R.A. (N.S.)    363. 

Acceptance  of  deed  with  knowledge  of  de- 
fect in  title  as  waiver  of  purchaser's 
•  right  to  rescind  contract.  30  L.R.A. 
(N.S.)    879. 

Effect  of  assumption  of  obligation  before 
notice  of  defective  title  to  sustain  bona 
fide  character  of  purchaser  of  real  es- 
tate.    7  L.R.A. (N.S.)   1020. 

Right  of  vendee  to  recover  payments  made 
where  title  is  defective.  L.R.A.1918B, 
554. 

§   16.  Wliat  is  a  marketable  title. 

Distinction  between  courts  of  law  and  equi- 
ty.    38  L.R.A.(N.S.)    3. 

Distinction  between  "good  title"  and  "mar- 
ketable title."     38  L.R.A.(N.S.)    4. 

Marketable  title  defined.  38  L.R.A. (N.S.) 
4. 

Meaning  of  term  "reasonable  doubt"  as  ap- 
plied to  marketable  titles.  38 
L.R.A.  (N.S.)  8. 

Marketabilitv  as  affected  by  hazard  of  liti- 
gation.    38  L.R.A.'(N.S.)    14. 

Where  construction  of  statute  or  written 
instrument  is  involved.  38  L.R.A. 
(N.S.)   16. 

Where  based  on  exercise  of  power  of  sale. 
38  L.R.A.  (N.S.)   18. 


Begin  irith  tJtis  hooK-  on  every  law  question. 


VENDOR  AND  PURCHASER,  II.  c— cont'd 
As    affected    by    defect    in    convevance.      38 

L.R.A. (N.S.)   20. 
Where    title    is    dependent    upon    defective 

court  proceeding.     38  L.R.A. (N.S.) 

22. 
Gap  in  record  title.     38  L.R.A.  (N.S.)    24. 
Insanitv  or  mental  incompetencv  of  grantor. 

38 "L.R.A. (N.S.)    20. 
Character  of  title.     38  L.R.A.(N.S.)    26. 
Adverse  claim.     38  L.R.A. (N.S.)   29. 
Outstanding  liens,   charges,   or   claims.     38 

L.R.A.  (N.S.)     .30. 
Remedial  effect  of  lapse  of  time.     38  L.R.A. 

(N.S.)    36. 
Burden  of  proof.     38  L.R.A. (N.S.)   39. 
Doctrine  as  to  possibility  of  issue  extinct 
as     affecting     marketability     of     title. 
48  L.R.A. (N.S.)   874. 

§    17.  Misstatement   as  to. 

May  fraud  be  predicated  of  misstatement 
as  to  title  to  real  propertv.  2S  L.R.A. 
(N.S.)    202;   39  L.R.A.  (N.S.)    1140. 

§    18.  Effect     of     unmarlvetable     title; 
duty  to   take. 

Vendee's  right  to  specific  performance  with 
abatement  from  purchase  price  where 
vendor  is  unable  to  convey  a  good  and 
unencumbered  title.  10  L.R.A. (N.S. ) 
117;  38  L.R.A.(N.S.)  1195;  L.R.A. 
1917F,  597. 

Injunction  against  collection  of  purchase 
monev  where  title  to  land  is  defective. 
7  L.R.A.  (N.S.)   44.5. 

Defective  title  as  ground  for  injunction 
against  judgment  for  purchase  money. 
31  L.R.A.  751. 

Rescission  as  condition  of  injunction  against 
collection  of  purcliase  money  where  title 
to  land  is  defective.  7  L.R.A. (N.S.) 
463. 

Defective  title  as  affecting  real  estate  brok- 
er's commissions.  43  L.R.A.  593; 
L.R.A.1915E,  714. 


d.  Quantity. 

§19.  Generally. 

May  vendor  be  required  to  make  good,  de- 
ficiency in  tract  sold,  out  of  other 
lands.     39  L.R.A.(N.S.)    785. 

Deficiency  in  quantity  of  property  de- 
scribed as  a  section  or  a  fraction  of  a 
section  as  breach  of  a  covenant.  36 
L.R.A.  (N.S.)    558. 

Right  to  specific  performance  where  there 
is  a  shortage  in  quantity,  on  condition 
of  a  compensation  or  indemnity.  52 
L.R.A.(N.S.)   959. 

§   2  0.  False  representations  as  to. 

Right  of  purchaser  of  land  to  rely  upon 
representation  of  seller  as  to  bound- 
aries.    14  L.R.A. (N.S.)    1210. 

Is  fraudulent  representation  by  vendor  as  to 
area  within  boundaries  correctly  point- 
ed out  actionable.  23  L.R.A. (N.S.) 
487. 


INDEX  TO  L.K.A.  NOTES. 


1351 


VENDOR  AND  PURCHASER,  II.  d— cont'd 
Is  fraudulent  representation  by  vendor  of 
extent  or  proportion  of  land  of  partic- 
ular kind  included  within  the  tract  sold, 
actionable  where  purchaser  inspects  the 
land.     30  L.R.A.(N.S.)    55. 

§  21.  Abatement  in  purchase  price  for 
deficiency. 

Right  of  purchaser  of  land  at  judicial  sale 
to  abatement  of  purchase  price  for  de- 
ficiency in  quantity.  28  L.R.A.  (N.S.) 
393. 

Abatement  from  price  because  of  deficiency 
in  quantity  under  grant  of  coal  in 
place.     51  L.R.A. (N.S.)   792. 

e.' Rescission, 

§   22.  Generally. 

Effect  of  rescission  on  exemption  of  mort- 
gage debt,  see  Mortgage,  §  45. 

Validity  and  effect  of  agreement  by  vendor 
to  permit  a  rescission  of  the  contract  at 
tiie  option  of  his  vendee.  L.R.A.1917C, 
763. 

Right  of  vendee  to  recover  payments  made 
on  rescission  of  contract.  L.R.A.1918B, 
547. 

Riglit  of  vendor  to  impaid  instalments  of 
purchase  price  where  the  contract  has 
been  rescinded  for  default  of  vendee. 
L.R.A.191GC,  893. 

Ability  of  vendor  to  perform  as  a  condition 
precedent  to  his  enforcement  of  right 
to  rescind  or  declare  a  forfeiture.  3 
L.R.A.  (N.S.)    103. 

Right  of  purchaser  in  possession  to  rescind 
in  action  for  defective  title.  21  L.R.A. 
(N.S.)   395. 

Rescission  of  purchase  of  real  estate  as 
affecting  assumption  of  mortgage  or 
lien  thereon.    40  L.R.A. (N.S.)   672. 

Implied  poAver  of  agent  to  assent  to  rescis- 
sion of  land  contract.  37  L.R.A, (N.S.) 
92. 

Action  to  rescind  sale  of  land  for  misrepre- 
sentations as  to  its  location.  38  L.R.A. 
(N.S.)   303. 

Rescission  as  condition  of  injunction  against 
collection  of  purchase  money  where  title 
to  land  is  defective.  7  L.R.A. (N.S.) 
463. 

§   23.  Grounds  for. 

Right  to  rescind  or  abandon  contract,  be- 
cause of  other  party's  default.  30  L.R.A. 
64. 

Right  of  vendee  to  rescind  executory  con- 
tract for  sale  of  land  because  of  vend- 
or's breacli  of  contract  to  make  im- 
provements. 21  L.R.A.  (N.S.)  823; 
L.R.A.1917B,  403. 

Rescission  because  of  deficiency  in  qiiantity 
under  grant  of  coal  in  place.  51  L.R.A. 
(X.S.)    792. 

§   2  4.  — fraud  or  mistake. 

As  to  what  constitutes  fraud,  see  Fraud  and 

Deceit,  II. 
Consult  also  L.R.A.  Digests  of  Cases. 


VENDOR  AND  PURCHASER.  II.  e— cont'd 

False  statements  as  to  use  to  wiiich  prop- 
erty is  to  be  put  as  ground  for  rescis- 
sion of  deed.    32  L.R.A. (N.S.)  127. 

Secret  dealings  between  vendor  and  one  who 
promoted  the  organization  of  a  corpo- 
rate purchaser  .as  a  ground  for.  rescis- 
sion of  contract.    L.R.A.1916C,  1000. 

Rescission  because  of  mistake  as  to  extent 
of  grantor's  title  to  land.  15  L.R.A. 
(N.S.)    1039. 

8   25.  Waiver   of   purchaser's   right   to. 

General  rule.     30  L.R.A. (N.S.)    872. 

Mere  dela^'.     30  L.R.A.(N.S.)    874. 

Delay  coupled  with  other  acts.  30  L.R.A. 
(N.S.)    877. 

Selling  or  offering  property  for  sale.  30 
L.R.A.(N.S.)    878. 

Leasing,  etc.     30  L.R.A. (N.S.)    878. 

Expressly  recognizing  contract.  30  L.R.A. 
(N.S.)  878. 

Acceptance  of  deed  M-ith  knowledge  of  de- 
fect in  title.    30  L.R.A.  (N.S.)  879. 

Miscellaneous.     30  L.R.A. (N.S.)   879. 

What  is  sufficient  knowledge.    30  L.R.A. 
(N.S.)    880. 

/.  Fraud  or  mistake. 

§  2  6.  Generally. 

False   representations    as   to    (juantity,    see 

supra,  §  20. 
As  ground  for  rescission,  see  supra,  §  24. 
As  to   what   constitutes  fraud,   see   Fraud 

AND  Deceit,  II. 

Right  to  rely  on  representations.  37  L.R.A. 
610. 

Relief  from  mistake  of  law  as  to  effect  of 
contract  with  reference  to  lands.  28 
L.R.A. (N.S.)   827. 

Effect  on  liability  of  tenant's  surety  of  sur- 
render of  lease  containing  an  option  to 
purchase.     9  L.R.A. (N.S.)    557. 

Compliance  with  contract  for  the  purcliase 
of  real  estate  as  condition  precedent 
to  the  rigiit  of  the  vendee  to  maintain 
an  action  against  his  vendor  for  fraud 
and  deceit.     L.R.A.1915F,  962. 

Measure  of  damages  for  fraudulent  repre- 
sentations in  the  sale  or  exchange  of 
real  estate.  8  L.R.A.  (N.S.)  804;  16 
L.R.A.(N.S.)  818. 

§   2  7.  As  to  title. 

May  fraud  be  predicated  of  misstatement  as 
to  title  to  real  property.  28  L.R.A. 
(N.S.)   202;  39  L.R.A. (N.S.)   1140. 

g   2  8.  As  to  value. 

Effect    of    purcliaser's   concealment   or   mis- 
repres(?ntation  of  fact  affecting  the 
value    of    real    estate.      30    L.R.A. 
(N.S.)    748. 
False  statement  as  to  cost,  selling,  or  mar- 
ket  price   of   property  or   as   to   offers 
therefor    as    fraud.    "35    L.R.A. (N.S.) 
175;  L.R.AJ916F,  782. 

§2  9.  As  to  location. 

Misrepresentation  as  to  location  of  proper- 
ty.    38   L.R.A. (N.S.)    301. 


1352 


INDEX  TO  L.R.A.  NOTES. 


VENDOR  AND  PURCHASER— cont'd 
III.  Vendor's  lien. 

§   30.  Generally. 

Dower  in  land  subject  to  vendor's  lien,  see 
Dower,  §  4a. 

Interpleader  between.     10  L.R.A. (N.S.)  753. 
On  superstructure  on  railroad  right  of  way. 

60  L.R.A.  44. 
Questioning  validity  of  attachment  by.     35 

L.R.A.   774. 
Effect  of  pavment  by  volunteer  or  stranger. 

23  L.R.A.  130. 
Agreement  for  support   in  consideration  of 

conveyance  as  basis  for  equitable  lien. 

13  L.R.A.(N.S.)    725;   28  L.R.A. (N.S.) 

607;  43  L.R.A.  (X.S.)   929. 
Vendor's  lien  as  afiecting  sole  and  uncondi- 
tional ownership.     7  L.R.A. (N.S.)    627. 

§   31.  Subrogation  to. 

Right  of  one  advancing  money  for  purchase 
price  of  property  to  be  subrogated 
to  vendor's  lien.  37  L.R.A. (N.S.) 
1203. 


52 


21 


§   32.  Priority  of. 

Prioritv  over  widow's  claim  to  dower. 
L.R.A. (>*.S.)   555. 

As  against  purchaser  at  judicial   sale. 
L.R.A.  39. 

Is  money  loaned  to  improve  land  part  of  the 
purchase  price  within  the  rule  that  a 
purchase  monev  lien  takes  prioritv  over 
homestead  rights.     41  L.R.A.  (X.S.)   89. 

Rights  of  seller  of  tixtures,  retaining  title 
thereto  or  a  lien  thereon,  as  against 
Vieji  of  vendor  of  realty.  1  B.  R.  C. 
670. 


§    3  3.  Assignment  of. 

Assignment     of     vendor's 
187.* 


lien.      13    L.R.A. 


§   34.  Enforcement  of. 

The  right  of  a  vendor  of  real  estate,  upon 
purcliaser's  refusal  to  perform,  to  re- 
sell at  latter's  risk,  and  hold  him  liable 
for  deficiency.    8  L.R.A.  (N.S.)  137. 

Effect  of  statutory  bar  of  action  for  pur- 
chase monev  on  right  to  enforce.  39 
L.R.A.  (N.S.")    1171. 

Necessity  of  pleading  statute  of  frauds  in 
suit  to  enforce  vendor's  lien.  49  L.R.A. 
(N.S.)    37. 

of   vendor   to   benefit   of 


Right   of   creditor 
vendor's 
ISO. 

Deficiency    decree 
vendors'  lien. 


lien.       47     L.R.A.  (N.S.) 


in     action     to     foreclose 
13  L.R.A.(N.S.)   874. 
Right  to  redeem  from  sale  enforcing  vendor's 
lien.     44  L.R.A.  (N.S.)   285. 


§   35.    Waiver  or  loss  of. 

By  attachment  or  execution.    50  L.R.A.  717. 
Acceptance    of    commercial    paper    as.      35 

L.R.A.  (N.S.)    91. 
Joining   in   mortgage   as.     35   L.R.A.  (N.S.) 

348. 


Begin  with  this  booTe  on  every  law  question. 


j  VENDOR  AND  PURCIL\SER,  III.— cont'd 
,  Effect  of  discharge  in  bankruptcv  on.  42 
I  L.R.A. (N.S.)  295. 

I  IV.  Rights  of  parties  as  to   thircl  per- 
sons;   bona   fide  purchasers. 

§   3  6.  Generally. 

Dower  in   land   subject  to   purchase  money 

mortgage  or  vendor's  lien,  see   Dower, 

§  4a. 
Conveyances     in     fraud     of     creditors,     see 

Fraudulent  Conveyances. 
Mechanics'     liens     on    building    erected    by 

vendees,  see  Mechanics'  Liens,  §  7*. 
Assumption   of   mortgage   debt   by  grantee, 

see  Mortgage,  §§  40-46. 
Constructive      notice      to      purchaser,      see 

Notice,  §§  12,  17. 

Effect  of  substitute  conveyances  as  against 
innocent  third  persons.  44  L.R.A.  (N.S.) 
851. 

Rights  of  purchasers  subsequent  to  parti- 
tion.    57  L.R.A.  338. 

Right  of  one  taking  conveyance  from  holder 
of  final  certificate  of  entry  on  public 
land  in  event  of  its  cancelation.  L.R.A. 
1918E,  1002. 

Power  of  vendee  to  subject  vendor's  interest 
to  mechanics'  lien.  23  L.R.A. (N.S.) 
601;  L.R.A.1917D,  577. 

Right  of  vendee  of  land  subject  to  a  lien  to 
raise  the  question  of  usury.  S  L.R.A. 
(N.S.)   814;  48  L.R.A. (N.S.)   840. 

Right  of  vendee  under  executory  contract  to 
maintain  action  for  injury  to  real 
property.     30  L.R.A.(N.S.)    231. 

Right  of  purchaser  of  land  to  recover 
amount  paid  by  him  to  relieve  land 
from  tax  lien  from  one  wlio  sliould 
have  paid  the  same  but  with  whom  lie 
had  no  contractual  relationship.  22 
L.R.A.  (N.S.)    562. 

Is  purchaser  of  real  property  under  an  exec- 
utory contract,  the  owner  thereof  for 
purposes  of  taxation.  24  L.R.A. (N.S.) 
1300. 

Vendee  under  executory  contract  as  owner 
for  purposes  of  insurance  where  vendor 
holds  legal  title.     20  L.R.A. (N.S.)   775. 

Personal  liability  of  purchaser  of  land  on 
contract  under  which  it  is  supplied 
with  water.     39  L.R.A. (N.S.)    798. 

Is  .agreement  by  vendee  to  pay  encum- 
brances within  statute  of  frauds  as 
promise  to  answer  for  the  debt  of  an- 
other.    15  L.R.A. (N.S.)    1087. 

Right  of  purchaser  of  real  estate  to  rely  on 
the  statute  of  frauds  against  contract 
bv  his  vendor  with  a  third  person.  40 
L.R.A. (N.S.)    883. 

Rights  of  third  persons  intervening  between 
the  taking  and  the  exercise  of  the  op- 
tion for  purchase  of  real  property.  28 
L.R.A..(N.S.)  522;  43  L.R.A.  ( N.S. ; 
1150. 

Rights  of  purchasers  or  mortgagees  of 
grantor's  crops  as  against  subsequent 
vendee  of  the   land.     L.R.A. 1917C,   39. 

Enforcement  by  or  against  purchaser  of 
obligation  to  contribute. to  cost  of  party 
wall.     66  L.R.A.  673. 


INDEX  TO  L.R.A.  NOTES. 


1353 


VENLMJK  AND  PURCHASER,  IV.— cont'd 

Remedies  against  subsequent  purchaser 
from  devisee  for  enforcement  of  lej^acy 
■when  charged  on  devise.  30  L.R.A. 
(X.S.)    818. 

Riglit  of  one  who  has  placed  a  purchaser  in 
possession  to  maintain  a  bill  to  quiet 
title  against  outstanding  claim.  12 
L.R.A.  I  X.S.)  652. 

Liability  of  purchaser  for  damming  back 
water  of  stream.    59  L.R.A.  858. 

Right  of  grantee  to  sue  for  injuries  by  dam- 
ming back  water  of  stream.  59  L.R.A. 
901. 

May  purchaser  of  property  be  required  to 
accept  deed  of  third  person.  37  L.R.A. 
(N.S.)   1123. 

Does  continuation  by  grantee  of  life  tenant 
of  adverse  possession,  initiated  by  the 
creator  of  the  life  estate,  inure  to  bene- 
fit of  remaindermen.  24  L.R.A. (N.S.) 
1055. 

Right  of  husband's  grantee  to  exoneration 
of  land  conveyed,  bv  allotment  of  dower 
from  other  land.     34  L.R.A,(N.S.)   917. 

Failure  of  title  of  payee  of  purchase  money 
note  as  affecting  purchaser  of  note 
with  knowledge  of  the  character  of  the 
consideration.     46  L.R.A.(N.S.)    870. 

Right  of  successor  to  share  of  cotenant  to 
latter's  claim  to  allowance  for  im- 
provements to  common  property.  45 
L.R.A. (N.S.)    738. 

Right  of  receiver  to  take  property  from 
possession  of  purchaser.  47  L.R.A. 
(N.S.)  749. 

Estoppel  of  third  person  against  assertion 
of  title  or  interest  in  real  property  by 
concealing  the  same  or  representing  it 
to  be  in  vendor.     48  L.R.A. (N.S.)    745. 

Agreement  between  landlord  and  tenant  for 
removal  of  fixtures  by  latter  as  affect- 
ing purchaser  of  premises.  L.R.A. 
lOloE,  822, 

§   3  7.  Rights  of  bona  fide  purchasers. 

Rights  of  bona  fide  purchasers  from  grantee 
of  insane  persons.     19  L.R.A.  492. 

Title  of  bona  fide  purchaser  from  fraudu- 
lent grantee.     67  L.R.A.  891,  898. 

Effect  of  delivery  in  escrow  as  to  bona 
fide  purchaser  from  grantee  who  has 
Avrongfullv  obtained  and  recorded  the 
deed.     17' L.R.A.  51L 

Protection  of  purchaser  from  apparent  ven- 
dee under  instrument  apparently  a 
convevance  but  intended  as  a  mortgage. 
32  L.R.A. (N.S.)  1046;  38  L.R.A.  (N.S.) 
082. 

Rights  of  assignee  as  against  subsequent 
Ijona  fide  purchasers  or  encumbrancers 
rely i  tig  on  apparent  discharge  of  the 
mortgage  by  the  mortgagee.  15  L.R.A. 
(X.S.)    1025:   L.R.A.lylSF,  554. 

Riglit  of  wife  to  relief  against  executed  con- 
veyance by  husband  in  fraud  of  her 
support  where  grantee  is  a  bona  fide 
purchaser.     18   L.R.A. (N.S.)    1152. 

Conf>uIt  also  L.B.A.  Digests  of  Cases. 


VENDOR  AND  PURCHASER,  IV.— cont'd 
Right,  as  against  subsequent  bona  fide  pur- 
chaser,   to    avoid    deed    because    of 
false  impression,  induced  by  fraud, 
as  to  the  contents  or  cliaracter  of 
paper     signed.       30     L.R.A.(X.S.) 
537. 
Effect   of    plat    as    to    which    purchaser    of 
property  affected  thereby  has  no  notice. 
44  L.R.A. (N.S.)   231. 
Rights  of  bona  fide  purchaser  of  title  fraud- 
ulently   registered    under    the    Torrens 
Law.     L.R.A.1916D,  72. 

§  38.  Rights  of  grantee  under  quit- 
claim deed. 

See  Quitclaim  Deed,  §  2. 

§   39.  Nature  of  consideration. 

Sufficiency  of  pre-existing  debt  to  give  one 
character  of  bona  fide  purchaser  or 
mortgagee.  19  L.R.A.  590;  L.R.A. 
1918C,  438;  L.R.A.1918D,  568. 

Effect  of  assumption  of  obligation  before 
notice  of  defective  title  to  sustain  the 
bona  fide  character  of  purchaser  of  real 
estate.     7  L.R.A. (N.S.)    1020. 


VENDOR'S   LIEN". 

See  Vendor  and  Pukchaser,  §§  30-35. 


VENEREAL  DISEASE. 

Misrepresentations  or  concealment  as  to,  as 
ground  for  annulment  of  marriage.  13 
L.R.A.(N.S.)   996. 

Condonation  of,  as  defense  to  action  for  di- 
vorce or  annulment  of  marriage.  5 
L.R.A.(N.S.)   729. 

Requiring  certificate  of  freedom  from  ven- 
ereal disease,  as  condition  to  marriage. 
52  L.R.A. (N.S.)  778. 


VENIRE. 

For  grand  jury.    27  L.R.A.  778. 


VENIRE  DE  NOVO. 

Correction  of  special  verdict  by.    24  L.R.A. 

(N.S.)    74. 


VENTILATION. 


Master's  liability  for  vice  principal's  negli- 
gence in  failing  to  keep  place  of  work 
properly  ventilate<l.     54  L.R.A.  133. 


1354 


INDEX  TO  L.E.A.  NOTES. 


VENTILATORS. 

Carrier's  liability  for  injury  by  failure  to 
adjust.    15  L.E.A.  (N.S.)  801. 


VENTRE   SA  MERE. 

Capacity  of  child  en  ventre  sa  mere  to  take 
under  devise  or  bequest  to  children.  1 
B.  R.  C.  582. 

Prenatal  injury  to  infant  as  ground  of 
action.     45"L.R.A.(N.S.)   625. 


A'ENUE. 

§   1.  Generally. 

Rights  of  courts  of  one  state  to  enforce 
causes  of  action  arising  in  another 
state,  see  Conflict  of  Laws. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  191. 

Territorial  limitations  of  jurisdiction,  see 
Courts,  §§  19-26. 

Validity  of  provision  in  contract  as  to  place 
wliere  action  may  be  brought.  L.R.A. 
]910D,  696. 

Degree  of  proof  of  venue  in  criminal  cases. 
L.R.A. ]918B,   1187. 

When  may  local  venue  be  disregarded  upon 
ground  that  action  or  proceeding  is  an- 
cillarv  or  incidental.  L.R.A.1916D. 
11.34.' 

Venue  of  action  against  municipal  corpora- 
tion. 2.5  L.R.A.  (N.S.)  711;  L.R.A. 
1915F,  1029. 

Offense  of  desertion  or  failure  to  provide 
for  wife  or  family  as  affected  by  resi- 
dence of  parties.  '47  L.R.A.  (N.S.)   218. 

Of  offense  of  obtaining  property  by  false 
pretenses.     49  L.R.A.  (N.S.)    834. 

Of  offense  of  libel.    49  L.R.A. (N.S.)  941. 

Of  civil  action  for  lilael  or  slander.  L.R.Ai 
1918F,  1026. 

Of  prosecution  for  embezzlement.  L.R.A. 
1918E,  744. 

Of  action  for  death  caused  bv  negligence.  4 
L.R.A.  263. 

Of  action  by  state  court  against  national 
bank  for  taking  or  charging  usury.  56 
L.R.A.  692. 

Of  action  in  state  court  against  foreign  cor- 
poration.    70  L.R.A.  696. 

Of  action  for  injury  bv  damming  back 
water  of  stream.'    59'  L.R.A.  890. 

Jurisdiction  of  actions,  aided  by  attach- 
ment or  garnishment,  against  a  resi- 
dent of  the  state.    49  L.R.A. (N.S.)  548. 

Effect  of  rule  abrogating  local  venue  upon 
rule  precluding  jurisdiction  of  action 
for  tort  concerning  real  property  in 
another  state  or  country.  26  L.R.A. 
(N.S.)    928. 

Power  of  legislature  to  provide  for  indict- 
ment in  countj'  or  district  other  than 
v.here  crime  alleged  to  have  been  com- 
mitted. 7  L.R.A. (N.S.)  669;  L.R.A. 
1918F,  965. 

Injunction  against  judgment  for  matters 
relating  to.     31    L.R.A.  203. 


VEN^'E— cont'd 
§   2.  Change. 

Propriety  of  arguments  by  counsel  to  jury 
referring  to  changes  of  venue.  L.R.A. 
1918D,  56. 

Motion  to  change,  as  extending  time  to 
plead.     47  L.R.A. (N.S.)   857. 

Constitutionality  of  statute  permitting 
change  of  venue  to  one  party  and  not 
to  the  other.     L.R.A.1915F,  920. 

Petition  for  change  of,  as  a  contempt.  9 
L.R.A.  566. 

Proceedings  for  incorporation  of  drainage 
district  or  for  other  public  improve- 
ment as  a  civil  suit  within  statute  al- 
lowing change  of  venue.  12  L.R.A. 
(N.S.)    900. 

Prohibition  against  court  proceeding  with 
case  in  which  it  erroneously  denied  a 
change  of.  2  L.R.A. (N.S.)  395;  L.R.A. 
1917F,  911. 

Mandamus  to  compel  change  of  venue. 
L.R.A.1917F,  914. 

Mandamus  to  prevent  change  of,  from  court 
having  exclusive  jurisdiction.  2  L.R.A. 
(N.S.)    568. 

Use  of  superintending  conti'ol  over  inferior 
tribunal  to  compel  change  of  venue.  20 
L.R.A.(N.S.)    951. 

§   3.  —  in  criminal  cases. 

Mandamus  to  compel  change.  L.R.A. 
1917F,  914. 

Delay  caused  by  change,  as  ground  for  dis- 
cliarge  of  accused.     56  L.R.A.  525. 

Effect  011^  conviction  of  failure  to  give  ac- 
cused an  opportunity  to  plead  where 
there  has  been  a  change  from  one  court 
to  another.     13  L.R.A.  (N.S.)    815. 

Will  habeas  corpus  lie  to  release  one  con- 
victed after  wrongful  refusal  to  change 
venue.     25   L.R.A. (N.S.)    483. 

Time  and  place  covered  by  recognizance  or 
bail  bond  in  criminal  case  where  change 
of  venue  is  taken.    L.R.A.1916F,  380. 


VERACITY. 

Of  witness,  see  Witnesses,  §§  41-46. 


VERDICT. 

Reversible    error    as    to,    see    Appeal    and 

Ebrob,  §  40. 
In  general,  see  Trial,  §§  75-87. 


VERIFICATION. 


Begin  ivitJi  this  booh  on  every  latv  question. 


By  corporate  officer,  see  Corporations,  § 
42. 

Of  indictment  or  information,  see  Indict- 
ment, ETC.,  §  12. 

Of  pleading  in  civil  action,  see  Pleading, 
§  2. 


INDEX  TO  L.R.A.  NOTKS. 


1355 


VERI FICATIOX— cont'd 

Of  initiative  or  referendum  petition.  L.K.A. 
1917B,  36. 

Of  recall  petition.    L.K.A.1916D,  1107. 

Of  record  of  mining  claim.  7  L.R.A. (X.S.) 
875. 

What  constitutes  a  verification  of  accoxmts 
as  required  bv  fidelitv  bond  or  con- 
tract.    10  L.R"A.(X.S.f  323. 

By  ofliccr  of  coii)oration  as  verification  by 
agent  of  corporation.  16  L.R.A. (X.S.) 
703.      .' 


VERMIX. 

Constitutionalitj'  and  validity  of  statutes 
or  ordinances  for  extermination  of 
vermin.     L.R.A.1016A,  '12.39. 

Provision  relieving  carrier  from  liability  fop 
damage  by  vermin  as  extending  to  loss 
caused  by  negligence.     6  B.  R.  C.  130. 


♦*-♦ 

VESSELS. 

Abandonment  of,  see  Abaxdoxment,  §  7. 
Insurance  on,  see  Marine  Insurance. 
Liens  on,  see  Maritime  Liens. 
In  general,  see  Shipping. 
Where  taxable,  see  Taxes,  §  49. 

Local  license  tax  on  vessels  licensed  by 
United  States.     27  L.R.A.  414. 

Admiraltv  jurisdiction  of  contract  for  con- 
struction of.     06  L.R.A.  198. 

Admiraltv  jurisdiction  of  contract  for  build- 
ing and  outfitting.     66  L.R.A.  216. 

Acceptance  of  partial  allowance  by  United 
States  of  claim  for  rent  of,  as  an  ac- 
cord and  satisfaction.  42  L.R.A.  (X.S.) 
115. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  the  construction 
or  repair  of.     53  L.R.A.  50. 

L'pon  whom  duty  of  furnishing  vessel  lies 
under  contract  to  ship  goods  f.  o.  b.  62 
L,R.A.  797. 

Applicabilitv  of  liquor  laws  to  vessels. 
L.R.A.1915F,  1140. 

Liability  of  hirer  of  vessel  under  special 
terms  of  contract  for  its  care  or  re- 
turn.    L.R.A. 19] 5B,  300,  306. 

Forfeiture  of  vessels  used  in  violation  of  the 
fish  laws.    L.R.A.1916F,  916. 


VESTED    INTEREST. 

Under  will,  see  Wills,  §§  99-102. 


VESTED  REMAINDERS. 

See  Wills,  §§  101,  102. 

tJonsuU  also  L.R.A.  Digests  of  Cases. 


VESTED  RIGHTS. 

In  general,  see  Constitutional  Law,  §  29. 
In  statute  of  limitations,  see  Limitation  of 
Actions,  §  3. 

Questioning  validity  of  attachment  for  in- 
jury to.     35  L.R.A.  782. 


VESTIBUIiED  CARS. 

Liability  of  carrier  for  accident  through 
leaving  vestibule  doors  open.  2  L.R.A. 
(X.S.)    645. 

Injury  to  passenger  on  platform  of  vesti- 
buled  train.'  22  L.R.A.(X.S.)  313;  27 
L.R.A.(X.S.)    253. 

Xegligence  of  passenger  in  passing  from 
one  car  to  another.     34  L.R.A.  721. 

Liability  of  street  railway  company  to  em- 
ployees for  failure  to  perform  statu- 
tory duty  to  provide  vestibules  on  cars, 
30  L.R.A. (X.S.)    428. 


VESTRYMAN. 


Injunctive  relief  affecting. 

868. 


3  L.R.A.  (N.S.) 


VETERANS. 


Rights  under  civil  service  laws,  see  Civil 
Service,  §  2. 

Validity  of  pension  or  bounty  to  confederate 
soldiers.     45  L.R.A. (X.S.)    692. 

Vested  right  in  pension.  50  L.R.A. (X.S.) 
1018. 


VETO. 

Power  of  governor  to  veto  part  of  statute 
only.  "55  L.R.A.  882. 

Power  of  Governor  to  veto  initiative  meas- 
ure. 50  L.R.A.  (X.S.)  208;  L.R.A. 
1917B,  24. 


VEXATIOUS  SUITS. 

Right  of  court  to  decline  jurisdiction  of 
frivolous  and  vexatious  suits.  6  B.  R. 
C.  334. 


VIADUCTS. 


Liability  of  railroad  company  to  abutting 
owner  from  damages  from  change  of 
grade  necessary  to  carry  highway 
across  tracks.  ^26  L.R.A. (X.S.)  226; 
L.R.A.1916D,  1078. 


J  356 


INDEX  TO  L.R.A.  NOTES. 


VIADUCTS— cont'd 

Municipal  liability  for  injury  to  abutting 
owner  from,  under  constitutional  pro- 
vision against  "damaging"  private 
property  for  public  iise  witbout  coni- 
l)ensation.     3G  L.R.A.  (N.S.)    1198. 


VIBRATION. 


Liability  for  injury  to  person  or  property 
from  concussion  caused  by  blasting.  12 
L.R.A.  (N.S.)  389;  27  L.R,A.(N.S.) 
425;  L.R.A.1915E,  356. 

Noise  with  or  without  vibration  incident  to 
lawful  industrial  business  as  a  nui- 
sance. 17  L.R.A. (N.S.)  287;  44  L.R.A. 
(N.S.)  236. 

Right  to  recover  for,  in  condemnation  pro- 
ceedings. 17  L.R.A.(N.S.)  1054;  40 
L.R.A.(N.S.)  48. 


VICE  PRESIDENT. 

Of    corporation,    powers    of,    see    Coepoba- 
Tioxs,  §§  47,  48. 


VICE  PRINCIPAL. 


As  fellow  servant,  see  Master  anp  Serv- 
ant, III.  d,  3. 

Liability  of  vessel  or  owner  for  acts  of,  see 
Shipping,  §  14. 


VICIOUSNESS. 


Expert  testimony  as  to  vicious  character 
of  animals.  '24  L.R.A.(N.S.)    1189. 

Admissibility  of  evidence  of  subsequent  vi- 
cious conduct  of  animal  inflicting  in- 
jury.    17  L.R.A. (N.S.)    1233. 


VIDELICET. 


Effect  of  videlicet  following  word  "heirs"  in 
a  grant  or  devise  of  real  property  to 
restrict  estate  given  to  the  first  taker. 
33  L.R.A.(N.S.)    191. 


VI  ET  ARMIS. 


Taking  of  property  by,  from  possession  of 
bailee  as  defense  to  him  against  bail- 
or.    33  L.R.A.  (N.S.)   688. 


VIEW. 

View  of  jury  generally,  see  Evidence,  §  159. 
Begin  n-ith  this  hooTc  on  every  law  question. 


VIEW— cont'd 

Interference  with  view.     L.R.A.1917C,  1135. 

Right  of  action  of  occupant  of  premises 
abutting  on  highway  for  interference 
with  the  public's  view  of  goods  or  ad- 
vertising displayed  thereon.  6  B.  R.  C. 
493. 

Injunction  against  interference  with  view 
from  street.     5   L.R.A. (N.S.)    486. 

View  outside  the  territorial  jurisdiction. 
L.R.A.1917F,  984. 


VIEWERS. 


Necessity  of  viewers  as  a  condition  of  dis- 
continuance of  highway.   26  L.R.A.  829. 


VILLAGES. 


For  municipalities,  generally,  see  Munici- 
pal Cobporations. 

What  constitutes  a  village.     35  L.R.A.  396. 

What  is  a  village  Mithin  statutes  or  ordi- 
nances in  relation  to  intoxicating  li- 
quor.   L.R.A.1915C,  898. 

Who  may  maintain  quo  warranto  to  test 
validity  of  organization  of.  21  L.R.A. 
(N.S.)    685. 

Creation  of  indebtedness  within  meaning  of 
debt  limit  provision.  37  L.R.A. (N.S.) 
1058:  L.R.A.1917E,  437. 

Rule  for  determining  the  indebtedness  with- 
in the  meaning  of  debt  limit  provisions, 
where  boundaries  of  different  political 
units  are  wholly  or  partly  coincident. 
L.R.A.1917E,  468. 

Power  to  employ  attorney.  L.R.A. 1917D, 
246. 
Right,  when  entitled  to  services  of  offi- 
cial attorney,  to  employ  other  at- 
torney in  civil  matters.  L.R.A. 
1917D,  251. 


VINEGAR. 


See  Food,  §  10. 


VINEYARD. 


Mechanic's    lien    for   planting    of. 
1917D,  352. 


L.R.A. 


VINOUS  LIQUORS. 

As  intoxicating  liquors.    20  L.R.A.  645. 


A'lOLATION  OF  LAW. 

Effect  of,  on  right  to  recover  on  policy,  see 
Insurance,  §  168. 


INDEX  TO  L.R.A.  NOTES. 


,1357 


VIOLATION  OF  LAW— cont'd 

As     contributory     negligence.     21     L.R.A. 

(N.S.)    667;   48  L.R.A.(N.S.)    639. 
Effect  of,  on  homicide  by  negligent  operation 

of  automobile.     L.R.A.1918B.  955. 
Effect  of,  on  criminal  homicide  in  operation 

of   railroad  or   street  railway.     L.R.A. 

1917C.  637.  « 


VIOLENCE. 


Effecft  of  violence  during  strike  on  carrier's 
liability.     35  L.R.A.  627. 

Voluntariness  of  confession  induced  bv  fear 
excited  by  violence.  38  L.R.A.fN.S.) 
832,  837;   50  L.R.A.  (N.S.)    1087. 

Competency  of  witness  to  testify  as  to  rep- 
utation for.  2  L.R.A.(N.S.)  553;  22 
L.R.A.(N.S.)   661. 

Demonstration  of  violence  outside  of  range 
of  actual  injury  as  assault.  33  L.R.A. 
(N.S.)    982. 


VIOLENT  MEANS. 

Death  of  insured  by,  see  Insubance,  §  165. 

♦-•-♦ 

VISIBLE  EASEMENT. 

See  Easements,  §§  13,  19-21. 


VISITATION. 


Remedy  for  refusal  to  permit  visitation 
of  children  as  provided  by  decree  of 
divorce.     L.R.A.1917B,  290. 


VISITATORIAL  POWER. 

Of  donor  of  charitable  trust  or  his  heirs. 
3   L.R.A. (N.S.)    227. 


VISITOR. 

Injury  to  tenant's  visitors,  see  Landlord 
AND  Tenant,  IV.  d,  4. 

Duty  and  liability  of  owner  to  one  on  prem- 
ises for  purpose  of  seeing  his  employees. 
24  L.R.A.(N.S.)    497. 

Right  of,  to  notice  to  redeem  from  tax 
sale.    44  •L.R.A.  (N.S.)  676. 


VIS  MAJOR. 

See  also  Act  of  God;  Inevitable  Acci- 
dent. 

Applying  doctrine  of,  to  liability  for  fall- 
ing walls  or  buildings.     34  L.R.A.  563. 

Liability  for  injury  caused  by  escape 
through  vis  major  of  water  stored  on 
one's   premises.      15   L.R.A. (N.S.)    547. 

Burden  of  procrf  when  defense  in  action  to 
recover  for  loss  or  injury  to  goods  dur- 
ing carriage  is  vis  major.  29  L.R.A. 
(N.S.)   663;  L.R.A.1915D,  547. 

Law  governing  effect  of,  on  carrier's  con- 
tracts.    63   L.R.A.  531. 


VITALIZER. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A. (N.S.) 
762;  24  L.R.A. (N.S.)  103;  25  L.R.A. 
(N.S.)    1297. 


VITAL    SCIENCE. 


Application  of  statute  regulating  practice 
of  medicine  to  persons  giving  special 
kinds  of  treatment.  3  L.R.A. (N.S.) 
762;  24  L.R.A. (N.S.)  103;  26  L.R.A. 
(N.S.)    1297. 


VITAL  STATISTICS. 

Constitutionalitv  of  statutes  in  relation  to.. 
39  L.R.A.(N.S.)    1015. 

♦♦-♦ 


VISITS. 

Physician's  right  to  determine  frequency  of, 

to  patient.     51  L.R.A.  298. 
Consult  also  L.R.A.  Digests  of  Cases. 


VOICE. 

Identification  by,  see  Evidence,  §  155. 

♦  >» 

VOID  INSTRUMENTS. 
Forgery  of.     24  L.R.A.  38. 

•-•-# 

VOID  INSURANCE. 

Effect  of,   on   other  insurance,  see  Insub- 

ANCE,    §    100. 

♦«-♦ — ' 

VOID   JUDGMENTS. 

Effect  of  levy  under,  see  Levy  and  Seizube, 
§  14. 

Right  to  appeal  from.   33  L.R.A. (N.S.)  733. 
In   garnishment   proceedings,    injunction   a- 
gainst.     30  L.R,A.  362. 


1358 


INDEX  TO  L.R.A.  NOTES. 


VOID   LEGACY. 

Who  takes,  see  Wills,  §  129. 


♦  •» 


VOID  PAPER. 

Payment  of  debt  by.    35  L.R.A.(N.S.)  71. 
♦-•-♦ • 

VOIR  DIRE. 

Examination  of  juror  on,  see  Jukt,  §  Sa. 


VOLENTI  NON  FIT  INJURIA. 

As  defense  to  actions  by  injured  servants, 
see  Masteb  and  Servant,  §  112. 


♦♦» 

VOLUNTARY  ASSESSMENTS. 
On  paid-up  stock.    45  L.R.A.  652. 
#*» 

VOLUNTARY   ASSOCIATIONS, 

See  Associations. 

♦  •» • 


VOLUNTARY  CONVEITANCE. 

See  Fraudulent  Conveyances,  §  7. 


VOLUNTARY  CREDITS. 

To  bring  debt  within  jurisdiction  of  court, 
see  Courts,  §  29. 


VOLUNTARY  DISMISSAL. 

Of  action,  see  Dismissal  and  Discontinu- 
ance, §  2. 


VOLUNTARY  EXPOSURE  TO 
DANGER. 

By  insured,  see  Insurance,  §§  158,  164. 


VOLUNTARY    PAYMENTS. 


VOLUNTARY  SALE. 

See  Fbaudulext  Conveyances,  §  7. 


•  VOLUNTARY    SURRENDER. 

Right    to    habeas    corpus    in    case    of.      35 

L.R.A.(N.S.)   885. 
Admissibility    of    evidence    of    defendant's 

voluntary  surrender.     20  L.R.A.  (N.S.) 

409. 


VOLUNTARY  TRUSTS. 

See  Trusts,  §  6. 


VOLUNTEER. 


Recovery  back  of,  see  Assumpsit,  II. 

Begin  xvith  this  booTc  on  every  law  question. 


§    1.  Generally. 

Enlistment  of  minor  in  volunteer  army 
without  parent's  consent.  39  L.R.A, 
(N.S.)    454. 

§   2.  Liability  for  acts  of. 

Liability  of  master  for  injury  to  property 
or  person  of  one  to  whom  he  owes  no 
contractual  duty  by  acta  of  a  volunteer 
whom  servant  permits  to  assist  in  the 
performance  of  the  master's  service. 
13  L.R.A.(N.S.)  572;  45  L.R.A. (N.S.) 
382;  L.R.A.  191 6B,  630. 

Leaving  elevator  in  position  to  be  operated 
by  stranger  as  proximate  cause  of  in- 
jury to  passenger  occasioned  by  act  of 
third  person  in  connection  therewith. 
22  L.R.A. (N.S.)    297. 

§   3.  Personal  injury  to. 

Master's  liability  to,  see  Master  and  Serv- 
ant, §§  107,  108-. 

Assumption  of  risks  by,  see  Master  and 
Servant.  §  121. 

Performing  duties  outside  scope  of  employ- 
ment as  contributory  negligence,  see 
Master  and  Servant,  §  131. 

Voluntarily  incurring  danger  to  save  life 
of  another  as  contributory  negligence, 
see  Negligence,  §  33. 

Contributory  negligence  of  volunteers  hand- 
ling or  testing  electric  wire  or  appa- 
ratus.    6  L.R.A. (N.S.)    290. 

§   4.  Payment  by.  , 

Payment  by.     23  L.R.A.  120. 

Moral  obligation  as  consideration  for  prom- 
ise, to  repav  volunteer.  53  L.R.A.  372; 
26  L.R.A.(N.S.)   526. 

Right  of  volunteer  advancing  money  for  pur- 
chase price  of  propertv  to  be  subroga- 
gated  to  vendor's  lien.  *37  L.R.A. (N.S.) 
1204. 


INDEX  TO  L.R.A.  i^OTES. 


1359 


VOTE. 

In  general,  see  Elections;  Pak1:,iamextart 

Law. 
Votina    bv   stockholders,   see   Corporations, 

§§  1-22- 120. 

Inipcacl'.ment  by  voters  of  sufficiency  of  vote 
bv  which  bill  was  passed.  40  L.R.A. 
(X.S.)    17. 

Showing  bv  journal's  failure  to  record  vote 
on  bill     40  L.R.A.  (N.S.)    19. 


VOTERS  AND  ELECTIONS. 

See  Elections. 

^'•^ • 


VOTING  MACHINE. 

See  Constitutional  Law,  §  58;  Elections, 
§  23. 


VOTING  CONTEST. 

Legality  of.    L.R.A.1917D,  489. 


VOTING    TRUST. 

Of  corporate  stock,  see  Corporations,  §  124. 


VOUCHERS. 

Negligence  in  examination  of,  sec  Banks, 
§§  24,  29. 

Condition  in  fire  policy  as  to  keeping,  pro- 
ducing and  preserving.     51  L.R.A. 
698. 
Waiver  of.    L.R.A.1915F,  759. 


VULGARITY. 


As  disturbance  of  public  peace.  32  L.R.A. 
(N.S.)   505. 

Vulgar  statements  made  by  person  causing 
accident  some  time  thereafter  as  res 
gestce.     42  L.R.A. (X.S.)   926. 

Libel  or  slander  by  charge  of,  against  pub- 
lic officer  or  candidate.  L.R.A.1918E, 
37. 


w 


WAGE  EARNERS. 

In  general,  see  Master  and  Servant. 

Exempting  wage  earners  from  anti-trust 
laws.     52  L.R.A.(X.S.)    525. 

Effect  upon  state  insolvency  laws  of  provi- 
sions of  Federal  Bankruptcy  Act  ex- 
cepting wage  earners  from  involuntary 
bankruptcy.     L.R.A.1917A,   109. 


WAGER. 

See  Contracts,  §§  105,  106,  115,  116;  In- 
surance, §§  24-35,  122. 


WAGERING  CONTRACTS. 

See  Contracts,  §§  105,  106,  115,  116;  In- 
surance, §  24-35,  122. 


WAGES. 

Wages,  generallv,  see  Master  and  Servant, 

§§  24-31,  43a. 
Assignment  of,  see  Master  and  Servant,  § 

28. 
Exemption  of,  see  Exemption,  §  5. 
Consult  also  L.B.A.  Digests  of  Cases. 


WAGES— cont'd 

Garnishment  of,  see  Garnishment,  §  lOa. 

Of  seamen,  see  Seamen.  §  2. 

Of  school  teacher,  see  Schools,  §§  17,  18. 

Maritime  lien  for.     70  L.R.A.  364.  437. 

Right  of  married  woman  to  recover  for  loss 
of.     20  L.R.A. (X.S.)   215. 

Validity  of  statute  or  ordinance  requiring 
persons  engaged  in  business  of  loaning 
money  on  security  of  wages  to  f,\v  a 
record  of  loans  made.  25  L.R.A.  (X.S.) 
686. 

Who  are  laborers,  employees,  or  servants 
within  meaning  of  statutes  giving  pref- 
erence to.     18  L.R.A.  305. 

• ♦-•-♦^ • 


WAGONER. 

See  Cartmen  and  Teamsters. 
♦•» ' 


WAGONS. 


See  Vehicles. 


WAIVER. 

§    1.  Generally. 

Of  fraud,  see  Fraud  and  Deceit,  §  42. 


1360 


INDEX  TO  L.R.A.  NOTES. 


WAIVER— cont'd 

Of  statute  of  limitations,  see  LiMiTA-noN  of 

AcJioxs,  IV. 
By  trustee,  see  Trusts,  §  23. 

Of  right  of  surface  owner  to  support  sur- 
face as  against  owner  of  minerals.  41 
L.R.A.  (N.S.)    238. 

Of  right  to  set-off  against  judgment  in 
hands  of  assignee,     23  L.R.A.  339. 

By  fiduciaries  in  action.     32  L.R.A.  671. 

Of  right  to  attack  marriage  for  lunacy  of 
one  of  parties.     40  L.R.A.  745. 

Of  penalty  against  national  bank  for  charg- 
ing or  taking  usury.    56  L.R.A.  680. 

Of  personal  liability  of  executor  or  admin- 
istrator to  distributees  for  interest 
during  delav  in  settlement  of  estate. 
31  L.R.A.  (N.S.)    360. 

Waiver  by  bailee  of  right  to  make  defense 
against  bailor  of  hostile,  adverse,  para- 
mount title  of  third  person.  33  L.R.A. 
(N.S.)    696. 

Of  right  to  contest  assessment  for  drains 
and  sewers.     60  L.R.A.  246. 

Of  objection  that  assessment  for  public  im- 
provement exceeds  the  percentage  lim- 
ited by  charter  or  statute.  38  L.R.A. 
(N.S.)    582. 

Of  tort  in  actions  for  enticing  or  liarbor- 
ing   apprentice.     5   L.R.A. (N.S.)    1161. 

Of  exemption  against  claim  for  rent.  24 
L.R.A.   812. 

Of  rights  under  Federal  employers'  liability 
act.  47  L.R.A.  (N.S.)  76;  L.R.A.1915C, 
84. 

§  2.  Contractual  matters  generally. 

Of   objections   to   performance   of   contract, 

see  Contracts,  §  139. 
By  insured,  see  Insurajtce,  §§  130.  131. 
By  insurance  company,  see  IxsrsAxcE,  §g 

132-144. 
Of  right    in   pledged  property,   see  Pledge 


AND  Collateral  Sbx^urity,   §§  8,  9. 


1< 


20 


Of   notice   of   acceptance   of   guaranty. 
L.R.A. (N.S.)    379. 

Of  notice  of  default  to  bind  guarantor. 
L.R.A.  2G4. 

Of  condition  against  bond  taking  effect  un- 
til signed  by  others.  45  L.R.A.  329, 
346. 

Extent  to  wliich  bondholders  are  represent- 
ed by  trustee's  waiver  of  rights.  16 
L.R.A.  (N.S.)    1012. 

Of  release  of  homestead.     56  L.R.A.  76. 

Of  requirement  of  signature  to  railway 
ticket  or  coupon.     30  L.R.A. (N.S.)  432. 

Of  limitation  of  time  within  which  transpor- 
tation tickets  may  be  used.  L.R.A. 
1918A,  784. 

Waiver  by  carrier  of  contractual  rights  im- 
der  interstate  shipment  as  unlawful  dis- 
crimination among  shippers.  L.R.A. 
1918C,  978. 

Waiver  of  time  stipulated  in  carrier's  con- 
tract for  claim  or  suit  against  carrier, 
L.R.A.1916D,  1049. 

right  to  relief  from  mistake  of  law  as 
to  effect  of  instrument  accompanied  by 
negligence.     28   L.R.A.(N.S.)    891. 

Begin  ti'ith  this  bffoK'  on  every  law  (Jilestion 


Of 


WAIVER— cont'd 

Right  of  cijty  to  waive  provisions  in  contract 
for  public  work  for  retention  of  fund 
to  insure  payment  of  claims  of  laborers 
and  materialmen.   37  L.R.A. (N.S.)  576. 

By  surety  of  right  to  complain  with  respect 
to  creditor's  management  and  collec- 
tion of  collateral.   37  L.R.A.  (N.S.)   715. 

Conductor's  right  to  waive  conditions  in 
stock-drover's  pass.  27  L.R.A. (N.S.) 
646. 

Of  condition  in  deed  to  railroad  for  con- 
struction of  road  within  specified  time. 
32  L.R.A. (N.S.)   120. 

By  copartner  of  right  to  compensation  for 
services.     17  L.R.A. (N.S.)   416. 

Of  right  to  enforce  rent  of  premises  occu- 
pied by  receiver  or  assignee  for  cred- 
itors.  "59  L.R.A.  686. 

Of  provision  for  consent  to  assignment  of 
lease.     36   L.R.A. (N.S.)    488. 

Waiver  of  arbitration  agreements.  47 
L.R.A. (N.S.)   425. 

Of  surety's  right  to  demand  that  the  cred- 
itor proceed  in  the  enforcement  of  the 
obligation.     L.R.A.1918C,  51. 

Of  stipulation  in  building  contract  that 
alterations  or  extras  must  be  ordered  in 
writing.     48  L.R.A. (N.S.)    575. 

Consideration  for  secondary  agreement  waiv- 
ing rights  under  prior  contract.  L.R.A. 
1915B,  58. 

Waiver  without  new  consideration  of  time 
clause  in  a  building  contract.  50 
L.R.A.  (N.S.)    501. 

§   3.  —  matters  as  to  commercial  paper. 

Of  presentment,  see  Bills  axd  Notes,  §§ 
45-47. 

Waiver  by  indorser  of  delay  in  enforcing 
liability  of  maker  of  note.  18  L.R.A. 
(N.S.)"  553. 

Waiver  of  exemptions  by  agc-nt  authorized 
to  give  paper  for  loan.  L.R.A.191tiC, 
136. 

Waiver  of  defense  of  usury  as  against  a  bona 
fide  purchaser  of  a  bill  or  note.  L.R.A. 
1918C,  779. 

Waiver  of  surety's  right  to  demand  that  the 
creditor  proceed  in  the  enforcement  of 
the  obligation.    L.R.A.1918C,  51. 

Necessity  for  new  consideration  to  support 
waiver  of  failure  to  give  notice  of  dis- 
honor.    3  L.R.A.(N.S.)    1079. 

§   4.  —  contracts  of  sale. 

Of  breach  of  warranty,  see  Sale,  §§  58,  59. 
Of   right   to   rescind   contract   of   sale,   see 

Sale,  §§  69,  70.  ' 

Of  purchaser's  right  to  rescind  contract  for 

sale  of  land,  see  Vendor  and  Pitrciias- 

ER,  §  25. 

By  vendor  in   conditional   sale.     32  L.R.A. 

471. 
Of  notice  of  defects  in  article  sold.    1  L.R.A. 

(N.S.)    142. 
Of  purchaser's  right  to  rescind  contract  for 

purchase  of  real   property.     30  L.R.A. 

(N.S.)    872. 
By  purchaser,  as  to  abstract  of  title.     I'.l 

L.R.A.(N.S.)   48. 


>\V*t\ 


INDEX  TO  L.R.A.  NOTES. 


1361 


WAIVER— cont'd 

Of  conditions  in  contract  of  sale  limiting 
the  warranty.     50  L.R.A.(  X.S.)   790. 

Waiver  of  deliveiy  or  tender  by  seller  where 
purchaser  wiongfnlly  repudiates  his 
contract.    51  L.R.A.(N.S.)   74.5. 

Bringing  an  action  for  the  purchase  price 
as  a  waiver  hy  the  vendor  of  the  title 
and  renu'dv  clauses  in  a  conditional 
sale    contract.     L.R.A.1916A,    925. 

§   5.  — contract  with  servant.'' 

Of  wrongful  discharge  of  servant.    6  L.R.A. 

(N.S.)   74. 
Of   breach   of   contract   of   employment.      6 

L.R.A.  (N.S.)   77. 
Of  servant's  breach  of  duty.   8  L.R.A.(N.S.) 

1009. 

§   6.  Matters  of  practice  generally. 

Of  rigiit  to  appeal,  see  Appeal  axd  Erkob, 

§  8. 

Of  objections  during  trial,  see  Appeal  and 
Kkhor,  §  30. 

By  appearance,  see  Appearance. 

Of  right  to  jury  trial,  see  Jury,  §  7. 

Of  service  of  jirocess,  see  Writ  and  Proc- 
ess, §  38. 

Waiver  of  objection  to  affidavit  or  complaint 
in  contempt  proceeding  because  made  on 
information  and  belief.  L.R.A.1917C, 
857. 

Of  use  of  firm  name  in  suit  by,  or  against 
partncrsliip.     29   L.R.A.  (N.S.)    284. 

Of  full  luimber  of  jurors.     43  L.R.A.  59. 

Of  defects  in  decision  of  tribunal  of  associa- 
tion or  corporation.     49  L.R.A.  371. 

Of  objection  to  admissibility  in  evidence  of 
copies  of  records  of  other  states.  5 
L.R.A. (N.S.)    983. 

Of  objections  to  admission  of  testimony  giv- 
en on  preliminary  examination  by  wit- 
nesses not  available  at  time  of  trial.  25 
L.R.A.  (N.S.)    871. 

Of  service  of  process  by  statutory  agent  of 
foreign  corporation  appointed  to  re- 
ceive service.     2  L.R.A.{N.S.)   389. 

Of  right  to  oliject  to  physical  examination 
or  exhibition  of  person.  2  L.R.A.(N.S.) 
386. 

Of  objection  to  judge's  communication  with 
jury  not  in  open  court.  17  L.R.A. 
(N.S.)    614. 

Of  propertv  cjualification  of  juror.  39 
L.R.A.  ("^N.S.)    967. 

Of  question  of  duplication  of  judgments 
where  second  judgment  is  entered  with- 
out vacation  or  reversal  of  the  first. 
44  L.R.A. (N.S.)    342. 

Of  objection  to  jurisdiction  on  removal  of 
action  brought  in  a  state  court  outside 
the  territorial  jurisdiction  of  either  the 
plaintiff's  or  defendant's  residence.  50 
L.R.A. (N.S.)   831. 

§    7.  —in  criminal  eases. 

Of  defect  of  duplicity  in  indictment,  see  In- 
dictment, ETC.,  §  31. 

Of  right  to  object  to  selection  of  grand  jury 
bv  unauthorized  person*  L.R.A.1917C, 
225. 

Cvnxttit  altio  L.R.A.  Digests  of  Cases 


WAIVER— cont'd 

Of  objection  that  grand  jury  was  not  sworn. 
49  L.R.A. (N.S.)    1217. 

Validitv  of  waiver  of  jury  trial  in  criminal 
action.     11  L.R.A;(N.S.)   113G. 

Effect  of  consent  of  defendant  in  criminal 
case  to  proceeding  with  less  than  twelve 
jurors.     46  L.R.A. (N.S.)   38. 

Ritrht  to  waive  absence  of  jurymen  in 
""   criminal  case.     14  L.R.A. (N.S.)   862. 

By  defendant  of  separation  of  jury  in  capi- 
tal case.     24  L.R.A.  (N.S.)   782. 

Of  presence  of  accused  at  time  of  receiving 
verdict  in  misdearaeanor  case.  21 
L.R.A.  (N.S.)   56. 

Right  of  accused  to  waive  his  presence  at 
time  of  receiving  verdict  on  trial  for 
felonv.  14  L.R.A.  (N.S.)  603;  32 
L.R.A.  (N.S.)   306;   L.R.A.1915D,  817.    • 

Of  irreaularities  in  finding  of  indictment. 
26  L.R.A.(N.S.)   688. 

Of  verification  of  information.  31  L.R.A. 
(N.S.)    805. 

Failure  to  demand  trial  as  waiver  of  right 
to  speedy  triaL     44  L.R.A. (N.S.)    871. 

Of  right  to  demand  new  trial  because  of 
reading  of  newspaper  account  of  trial 
in  criminal  case.     46  L.R.A. (N.S.)   745. 

§   8.  Of  forfeiture. 

Of    insurance    policy,    see    Insubance,    §§ 

132-144. 
Of  lease,  see  Landlord  and  Tenant,  §  35. 

Of  forfeiture  under  provision  in  will  for 
forfeiture  by  contesting  beneficiary.  68 
L.R.A.  447. 

Of  right  to  forfeit  deed  for  breach  of  con- 
dition bv  suit  for  damages.  5  L.R.A. 
(N.S.)    603. 

§   9.  Of  lien. 

What  constitutes  w^aiver,  see  infra,  §  12. 

Of  lien  generally,  see  Liens,  §§  18-20. 

Of  chattel  mortgage  lien,  see  Chattel 
Mortgage,  §§  30,  31. 

Of  landlord's  lien,  see  Landlord  and 
Tenant,  §  90. 

Of  mechanics'  lien,  see  Mechanics'  Lien, 
§22. 

Of  junior  lien  by  failure  to  assert  same  on 
foreclosure,  see  Mortgage,  §  64. 

Of  vendor's  lien,  see  Vendor  and  Purchas- 
er, §  35. 

Of  innkeeper's  lien.     21  L.R.A.  231. 

Right  of  one  advancing  money  for  pur- 
chase price  of  property  to  be  subrogat- 
ed to  vendor's  lien  where  vendor  has 
waived  same.     37  L.R.A. (N.S.)  1212. 

§   10.  Of  privilege. 

Of  privilege  against  admissibility  of  com- 
munication, see  Evidence,  §§  224,  226. 

Of  privilege  from  arrest  or  service  of  proc- 
ess, see  Writ  and  Process,  §  37. 

Of  privilege  as  to  communications  as  to 
sanity  or  insanity.    39  L.R^A.  307. 

Taking  possession  of  building  with  knowl- 
edge of  defects  as  waiver  thereof  as 
against  contractor.  20  L.R.A.(N.S.) 
872. 


86 


1362 


INDEX  TO  L.R.A.  NOTES. 


WAIVER— cont'd 

Delay  in  attempting  to  regain  property  ob- 
tained under  agreement  to  pay  therefor 
on  delivery,  as  waiver  of  such  condi- 
tion. 11  L.R.A.  (N.S.)  948:  23  L.R.A. 
(N.S.)    824:   L.R.A.191.5D,  .355. 

Acceptance  of  goods  as  waiver  of  damages 
for  delav  in  deliverv.  54  L.R.A,  719; 
7   L.R.A*. (N.S.)    1114. 

Acceptance  of  goods  with  knowledge  of 
breach  of  warranty  as  waiver  of 
breach.     35   L.R.A. (N.S.)    501. 

Failure  of  vendee  to  inspect  or  test  goods 
as  waiver  of  express  warranty.  24 
L.R.A.(N.S.)   235. 

Use  as  waiver  of  right  to  rescind  for  breach 
of  warranty  or  noncompliance  with  coji- 
tract.  36  L.R.A. (N.S.)  467. 
■  Effect  of  statement  by  indorser  to  holder 
that  party  primarily  liable  cannot  pay 
as  waiver  of  presentment  to  latter.  27 
L.RJV.(N.S.)   516. 

Pleading  particular  cause  of  injury  as 
waiver  of  right  to  rely  on  res  ipsa 
loquitur.  24  L.R.A. (N.S.)  788;  L.R.A. 
1915F,  992. 

Of  interest  bv  acceptance  of  principal  sum. 
40   L.R.A.(N.S.)    597. 

Surrender  of  pledged  property  as  waiver  of 
pledge.      39    L.R.A. (N.S.*)    886, 

Recognition  of  return  or  of  decree  rendered 
thereon  as  affecting  liability  for  mak- 
ing false  return.     38  L.R.A. (N.S.)   292. 

Selling  or  mortgaging  chattel  as  waiver  of 
purchaser's  right  to  return.  38  L.R.A. 
(N.S.)   1035, 

Of  conversion  of  pledged  property  by  in- 
valid sale,     43   L.R.A.   760. 

Acceptance  of  premises  by  lessee  after  con- 
tract time,  as  waiver  of  damages  for 
lessor's  failure  to  put  him  in  posses- 
sion.    9  L.R.A.  (N.S.)    1131. 

Acceptance  of  rent  accruing  after  cause  for 
forfeiture,  with  knowledge  of  such 
cause,  as  waiver  of  forfeiture.  11 
L.R.A.(N.S.)   831. 

Denial  of  tenancj'  as  waiver  of  notice  to 
quit  or  of  demand  of  possession.  25 
L.R.A.(N.S.)   104. 

Delay  of  landlord  in  enforcing  forfeiture  as 
waiver  of  breach.  24  L.R.A.  (N.S.) 
.1063. 

Waiver  of  condition  in  lease  against  as- 
signment as  waiver  of  condition  as  to 
business  to  be  carried  on.  24  L.R.A, 
(N,S.)     1067. 

Of  statutory  provisions  as  to  confidential 
disclosures  to  physicians.  1  L.R.A. (N. 
S.)    1068. 

Of  privilege  as  to  confidential  communica- 
tions on  first  trial  as  affecting  its  exer- 
cise on  a  second  trial.  6  L.R.A. (N.S.) 
1082. 

Of  privilege  as  to  communication  between 
husband  and  wife  by  calling  one  spouse 
as  a  witness  for  the  other.  40  L,R.A. 
(N.S.)    43. 

Waiver  of  privilege  of  exemption  of  public 
service  corporation  from  regulation  of 
rates.     L.R.A.1915C,  281. 


WAIVER— cont'd 

§    11.  What   constitutes. 

Of  privilege,  see  supra,  ^10. 

By  appearance,   see   Apfearaxce. 

Inconsistent  defenses  as.     48  L.R.A.  203. 

Failure  to  demand  trial  as  waiver  of  right 
to  speedy  trial.     44  L.R.A.  (N.S.)    8^. 

Repudiation  of  contract  of  sale  of  personal 
propert}'  on  one  ground  as  waiver  of 
other 'objections.     3  B.  R.  C.  591. 

Waiver  qf  statute  of  limitations  by  person- 
al representative  as  to  indebtedness  of 
the  estate.     L.R.A.1915B,  1044. 

Waiver  of  right  to  interest  in  condemnation 
proceedings.     L.R.A.1910C,   1118. 

Taking  possession  of  building  witli  knowl- 
edge of  defects  as  waiver  thereof  as 
against  contractor.     L.R.A.1917C,  326. 

§    12,  —of  lien. 

By  attachment  or  execution,  50  L,R.A.  714, 
Of  chattel  mortgage.  50  L.R.A,  714: 
24  L.R.A. (N.S.)  490;  51  L.R.A. 
(N.S.)   1068. 

Of  junior  lien  by  failure  to  assert  it  in 
foreclosure  proceedings.    68  L.R.A.  323, 

Lienor  joining  in  mortgage  on  property  as 
waiver  of  his  liej,  35  L,R.A.(N.S.) 
348. 

Of  lien  of  chattel  mortgage  by  accepting  pro- 
ceeds of  sale  of  property.  L.R.A.1917A, 
1262. 

Waiver  of  attorney's  lien  by  taking  secur- 
ity.   2  B.  R.  C.  58. 

Recovering  personal  judgment  against  own- 
er as  waiver  of  mechanics'  lien.  32 
L.R.A.  (N.S.)    1073. 

§    13.  Effect  of. 

Effect  of  waiver  of  general  issue  on  right 
to  open  and  close.     61  L.R.A.  531. 

Effect  of  waiver  on  locality  of  jurisdiction 
of  state  court  over  foreign  corporations. 
70  L.R.A.  701. 

Effect  of  waiver  of  past  breach  of  condition 
subsequent  with  respect  to  real  proper- 
ty to  extinguish  the  condition.  11 
L.R.A.(N.S.)   398. 

Effect  of  waiver  of  defects  in  title  by  vendee 
on  his  right  to  recover  payments  of  pur- 
chase money.     L.R.A.1918B.  554. 

Effect  of  consent  of  defendant  in  criminal 
case  to  proceeding  with  less  than  twelve 
jurors.     46  L.R.A. (N.S.)   38. 

Effect  of  waiver  of  statute  of  limitations  by 
personal  representative  as  to  indebted- 
ness of  the  estate.     L.R.A.  191 5B,  1049. 


WAKESHAV.'. 


Judicial  notice  of  intoxicating  character  of. 
48   L.R.A.  (N.S.)    316. 


Begin  with  this  boo7c  on  every  laiv  question. 


WALLS. 

1.  Generally. 

Party  walls,   see   Pabty   Walls. 


INDEX  TO  L.R.A.  NOTES. 


1363 


WALLS— cont'd 

Right   of   owner   of   upper   floor   to   compel 

niaiiit.'iiauee   of.      3   L.R.A.  (X.S.)    510. 
Employee's   right   of   action   for   employer's 

violation   of  building  laws  relating  to. 

9  L.R.A.(X.S. )    378. 

§   2.  Vfie  of.  for  advertising. 

Eight  of  tenant  to  lease  wall  of  building  for 

advertising  purposes.     13  L.R.A. (N.S.) 

587. 
Tenant's  right  to  use  walls  of  building  for 

advertising  purposes.     39  L.R.A. (N.S.) 

350;  L.R.A.1915B,  1057. 
Right    to    use    party    wall    for    advertising 

purposes.      16    L.RA.(N.S.)    434. 

§   3.  Injury  by  fall  of. 

Dutv  as  to  maintenance  and  repair  of  retain- 

'ing  wall.     L.R.A.1917F,  683. 
Individual  liability  for  fall  of.     34  L.R.A. 

557. 
Landlord's  liabilitv  as  to  condition  of.     23 

L.R.A.  157. 
Landlord's  dutv  as  to  side  walls.    14  L.R.A. 

241. 
Doctrine  of  attractive  nuisance  as  applied 

to.     L.R.A.1915D,  160. 
Liabilitv  of  land  owner  for  fall  of  wall  left 

standing  after  fire.     L.R.A.1915C,  704. 
Proximate    cause    of    injury    by    dangerous 

walls   left   unprotected   after    fire.      20 

L.R.A. (N.S.)    96. 


WAXTOXNESS. 


Frightening  horse  driven  along  highway 
parallel  to  railroad  or  street  railway 
track.     33  L.R.A. (N.S.)   132. 

May  wantonness  or  wilfulness,  precluding 
defense  of  contributory  negligence,  be 
predicated  of  the  omission  of  a  duty 
before  tlie  discovery  of  a  person  in  peril 
on  a  railroad  or  street  railway  track. 
21  L.R.A.  (X'.S.)   427. 

"Wanton  negligence  of  railroad  company 
operating  trains  longitudinally  along 
public  street.     49  L.R.A. (N.S.)   688. 


WAR. 

§   1.  In  generaL 

Army  and  navy,  see  Armt  AND  Navt. 
Insurrection;  see  INSURRECTION. 
Suspension    of    habeas    corpus    during,    see 

Habeas  C'orpis.  §  8. 
Martial  law,  see  ^Iartial  Law, 
As  to  militia,  see  Militia. 
As    to   prize    and    capture,    see    Prize    and 

Capturk. 
Secretary  of  War,  see  Secretary  of  War. 

Litigation   arising  out   of  Mexican    revolu« 

tion.     L.R.A.1917A,  280;   L.R.A.1918E, 

361. 
Subordination   or   suspension   of   state   law 

during  war.     L.R.A.1918F,  561. 
Continuance    of    constitutional    guaranties 

during  war  or  insurrection.     45  L.R.A. 

(X.S.)  990. 
Consult  also  L.B.A.  Digests  of  Cases. 


WAR— cont'd    ^/  }*»;«/  /. 

Internment  of  naturalized  citizens.  7  B. 
R.  C.  772. 

Decisions  under  the  Espionage  Act  of  June 
15.  1917.     L.R.A.1918F,  410. 

Exclusion  of  seditious  matter  from  the 
mails  under  the  Espionage  Act.  L.R.A. 
1918C,  89. 

Regulation  of  price  of  food  as  valid  exer- 
cise of  the  war  power.    7  R.  R.  C.  663. 

Duty  of  conquering  state  with  respect  to 
obligations  of  conquered  state.  5  B. 
R.  C.  906. 

Effect  of  war  on  c.  i.  f.  contracts.  7  B.  R. 
C.  956. 

Liability  of  executor  or  trustee  for  loss  of 
funds  through  failure  of  bank  due  to 
war.    14  L.R.A.  106. 

Absence  on  account  of,  as  nonresidence  for 
the  purpose  of  attachment.  19  L.R.A. 
665. 

Power  of  military  during,  to  arrest  and 
punish  citizens  in  places  where  civil 
courts  are  open,    65  L.R.A.  200. 

Liability  of  insurer  under  policy  of  marine 
insurance  for  losses  arising  out  of 
state  of  war.     5  B.  R.  C.  4. 

Effect  of  carriage  of  contraband  upon  ma- 
rine insurance.     5  B.  K.  C.  58. 

War  casualties  as  within  accident  insur- 
ance.    L.R.A.1918C,  130. 

§   2.  Alien  enemies;  belligerents. 

Status  of  person  who  has  devested  himself 
of  national  character  without  acquiring 
a  new  one.    7  B.  R.  C.  887. 

Commercial  domicil  as  affecting  national 
character.    7  B.  R.  C,  835. 

Status  of  corporation  as  alien  enemy. 
5  B.  R.  C.  333, 

Right  of  alien  enemy  to  vote  as  stock- 
holder in  domestic  corporation.  7  B. 
R,  C.  827. 

Alien  enemies  as  litigants.  L.R.A.1918B, 
189;  L.R.A.1918E^  809:  5  B.  R.  C.  583. 

Effect  of  war  on  contracts  with  alien  en- 
emies.    L.R.A.1917C,  662. 

Lessee's  liability  for  rent  where  govern- 
mental prohibition  of  residence  of  alien 
enemies  in  specified  areas  renders  his 
occupancy  of  the  demised  premises  ille- 
gal.   7  B.  R.  C.  814. 

Trading  with  the  enemy.    7  B.  R.  C.  923.  ^^ 

Marine  insurance:  validity  of  insurance  on 
property  of  enemy  against  seizure.  5 
B.  R.  C.  836. 

Recovery  for  goods  sold  to  rebels.  15  L.R.A. 
834. 

Validity  of  contract  made  for  purpose  of 
aiding  and  abetting  public  enemies.  12 
L.R.A.(N.S.)  606. 

Effect  of  war  on  partnership  agreements, 
and  the  rights  of  the  parties  thereto. 
7  B.  R.  C.  618. 

Exemption  of  alien  enemies  from  provisions 
of  Selective  Service  Act  of  May  18, 
1917,     L,R,A.1918E,  1023. 


WARD. 

See  Guardian  and  Ward. 


1364 


INDEX  TO  L.R.A.  NOTES. 


WARDENS. 

Liability    of   game   warden.      L.E.A.1918A, 

839. 
Injunctive  relief  affecting.     3  L.R.A.  (N.S.) 

861. 


WAREHOUSE. 


Sufficiency  of  delivery  of  freight  to  carrier 
at.     32  L.R.A.(N.S.)   316. 

\yhat  is,  witliin  meaning  of  workmen's  com- 
pensation act.  L.R.A.1916A,  206; 
L.R.A,1917D,  156. 

Use  of  railroad  right  of  way  for  purposes 
of,  as  against  owner  of  fee.  36  L.R.A. 
(N.S.)    519. 

Warehouse  and  their  sites  on  railroad  right 
of  way  as  separate  subjects  of  taxa- 
tion.    L.R.A.191GE,  413. 

Warehouse    used    exclusively    for    owner's 

.  ,1  goods  as  subject  to  license  tax.  39 
L.R.A.(N.S.)  803. 


WAREHOUSEMAN. 

§   1.  Generally.  '■*    '  '*!  ' 

Carrier    as    warehouseman,    see'GXBBlERS, 

§§  90,  118. 
Constitutionality    of    statutes    as    to,    see 
Constitutional  Law,   §  172. 

As   carrier.     21   L.R.A. (N.S.)    188. 

Insurance  upon  property  held  by.  52 
L.R.A.  34L 

Speculation  in  commodities  as  within  os- 
tensible or  implied  authority  of  a  part- 
nership operating  a  warehouse.  27 
_.    L.R.A.  (N.S.)    1015. 

Rights  of  purchasers  from  warehouseman 
to  assert  title  as  against  owner.  25 
L.R.A. (N.S.)   781. 

Loss  of  profits  as  element  of  damages  in 
case  of  contracts  of.     53  L.R.A.  65. 

Liability  of  goods  in  hands  of  warehouse- 
man to  distress.    25  L.R.A. (N.S.)   795. 

§  2.  Regulation  and  control. 

License  of,  see  License,  §  44a. 

§  3.  —rates  and  charges. 

Legislative  regulation  of  rates.  33  L.R.A. 
178. 

Business  of  storing  grain  as  affected  with  a 
public  interest  authorizing  regulation 
of  rates  and  prices.  6  L.R.A. (N.S.) 
836. 

Power  of  equity  to  regulate  charges  of  pub- 
lic warehouseman.  24  L.R.A.(N.S.) 
399. 

§   4.Xlabllity  of. 

Liability  for  fires,  see  FiBES,  §  5. 

Warehouseman's  bond.    L.R.A.1918E,  235. 
Liability    of    warehouseman    for    injury    to 

agricultural    products    by    weevil.      2G 

L.R.A.(N.S.)    1114. 


WAREHOUSEMAN— cont'd 

Liability  of  warehouseman  for  goods  dam- 
aged or  destroyed  while  stored  in  build- 
ing other  than  that  called  for  by  con- 
tract.    24  L.R.A. (N.S.)    1117. 

Liability  of,  under  special  terms  of  con- 
tract for  care  or  return  of  subject  of 
bailment.     L.R.A.1915B,  306. 

Duty  of  warehouseman  to  protect  goods- 
against  high  water.     L.R.A. 1915D,  726. 

Effect  of  stipulation  exempting  warehouse- 
man from  loss  by  fire.  23  L.R.A. (N.S.) 
1205. 

Presumption  and  burden  of  proof  as  to  care 
or  negligence  in  respect  to  subject  of 
bailment.     43  L.R.A.  (N.S.)   1176. 

Burden  of  proof  as  to  negligence  where 
property  is  destroyed  while  in  the  pos- 
session of  a  carrier  holding  as  ware- 
houseman.   22  L.R.A.(N.S,)  975. 

§   5.  Warehouse  receipts. 

Garnishment  of  debt  evidenced  by.  L.R.A. 
1918C,  752. 

Effect  as  to  warehousemen  of  recitals  in 
tlieir  receipts.     19  L.R.A.  302. 

Issuance  and  delivery  by  warehouseman  of 
receipt  for  his  own  property  as  a  con- 
structive transfer  of  possession  essen- 
tial to  a  valid  pledge.  16  L.R.A. (N.S.) 
227;  30  L.R.A.  (N.S.)  552;  52  L.R.A. 
(N.S.)   754. 

Intent  as  ingredient  of  offense  by  ware- 
houseman selling  goods  for  which  he 
has  issued  receipt.  27  L.R.A. (N.S.) 
160. 

Effect  of  putting  warehouse  receipts  pay- 
able to  bearer  into  another's  posses- 
sion to  estop  owner  as  against  pur- 
chaser in  good  faith.  29  L.R.A. (N.S.) 
257. 

Burden  of  proof  as  to  bona  fides  of  trans- 
feree of  warehouse  receipts  for  property 
secured  by  fraud.    10  L.R.A.(N.S.)  801. 

#»» 


WAREHOUSE  RECEIPTS. 

See  Wakehousemen,  §  6. 


WARNING. 


Begin  with.tJtis  hooTc  on  every  law  question. 


§   1.  Generally. 

Master's  duty  as  to,  see  MASXEBfcAND  Serv- 
ant, §§  72-78,  165. 

Of  approach  of  train,  see  Railroads,  §§  67, 
66-69. 

Of  obstructions  in  highway.  20  L.R.A.  (N. 
S.)  671. 

Duty  to  warn  those  coming  from  private 
property  of  dangerous  condition  of 
street.     37   L.R.A.(N.S.)    360. 

Caution  against  incrimination  as  necessary 
to  voluntariness  of  confession.  18 
L.R.A.(N.S.)  824;  50  L.R.A.  (N.S.) 
1083. 


INDEX  TO  L.R.A.  NOTES. 


1865 


WARNING— cont'd  •  '/ 

§   2.  To  passenger. 

Liability  for  injury  in  alighting  from  mov- 
ing train  after  warning.  21  L.R.A. 
►  358;  22L.R.A.(N.S.)  755;  L.R.A.1915C, 
186. 

Negligence  of  passenger  in  getting  on  or 
off  moving  street  car  against  warning. 
30  L.R.A.  (N.S.)   276. 

Duty  of  carrier  to  warn  and  wait  for  pas- 
senger alighting  temporarily  at  inter- 
mediate point.  61  L.R.A.(N.S.)  902, 
905. 


^♦» 


WARRANT, 

§   1.  Generally. 

Of  commitment,  see  Cbimin7\l  Law,  §  33. 

Of  attorney  to  confess  judgment,  see  Judg- 
ment, §  6. 

Distress  warrant,  see  Landlord  and  Ten- 
ant, §§  91,  92. 

Search  warrant,  see  Seabch  and  Seizure. 

§   2.  For  payment  of  money. 

County  warrants,  see  County  Warbants, 
§§   9-11. 

Garnishment  of  debt  evidenced  by  govern- 
ment warrant.     L.R.A. 1918C,  752. 

Are  holders  necessary  parties  to  proceedings 
to  invalidate  warrants  of  state,  or  mu- 
nicipal corporations.  3  L.RA. (N.S.) 
256. 

Effect  of  putting  dock  warrant  indorsed  in 
blank  into  another's  possession  to  estop 
owner  as  against  purchaser  in  good 
faith.     29  L.R.A.  (N.S.)   255. 

Liability  of  government  or  other  public 
bodv  for  its  own  obligation  stolen  from 
it.  "39  L.R.A. (N.S.)    444. 

Mandamus  to  compel  issuance  of  municipal 
warrant  to  pay  indebtedness.  L.R.A. 
1916D,  325. 

§   3.  For  arrest. 

Arrest  without,  see  Arrest,  §  3. 
In    extradition     proceedings,    see    Arrest, 
§  10. 

Liability  of  iudicial  officer  for  issuing.  14 
L.R.A.  142;  44  L.R.A. (N.S.)   164. 

Exhibition  of,  at  time  of  arrest.  42  L.R.A. 
677. 

Complaint  or  information  based  on  infor- 
mation and  belief  as  basis  for  issuance 
of  warrant..  10  L.R.A. (N.S.)  159;  25 
L.R.A.(N.S.)    60. 


WARRANTS    OF  ATTORNEY. 

To  confess  judgment,  see  .Judgment,  §  6. 
Power    of    attornev,    see    Principal    and 

Agent.  §§  8-1(1. 
Consult  nlso  L.R.A.  Digests  of  Cases. 


WARRANTY. 

Of  signature  to  commercial  paper,  see  Bills 

and  Notes,  §  9. 
On  transfer  of  negotiable  paper,  see  Bills 

and  Notes,  §§  31,  32. 
Covenant  of,  see  Covenant,  §§  13,  31-33. 
Damages  for  breach  of,  see  Damage;?,  III. 

b,  4. 
By  insured,  see  Insurance,  §§  63-102. 
On  sale  of  chattel,  see  Sale,  §§  26-38,  53- 

59,  68. 

On  sale  of  expectancy  by  prospective  heir. 
33  L.R.A.  274. 

On  sale  by  mortgagee  under  a  power  in  the 
mortgage.     49   L.R.A. (N.S.)    514. 

Of  horse  or  vehicle  kept  for  hire.  19  L.R.A. 
283. 

Warranty  as  inducement  to  copartner  to 
enter  into  a  contract  as  a  promise  to 
indemnify.     15   L.R.A.(N.S.)    1151. 

Implied  warranty  of  authority  as  basis  of 
action  against  one  who,  witliout  au- 
thority, assumed  to  contract  as  an- 
other's agent.     34  L.R.A.(N.S.)   535. 


WASHOUT. 


Liability  of  railroad  company  to  employees 
for  injuries  caused  by  defects  in  road- 
bed caused  or  accompanied  by  a  rain- 
fall.   49  L.R.A.(N.S.)  198. 


WASH  ROOMS. 


Statute  requiring  mine  owner  or  operator 
to  furnish  wash  rooms  or  similar  lon- 
veniences  for  employees.  L.R.A.1915B, 
420. 


WASTE. 

g   1.  Generally. 

By    tenant,    see    Landlord    and    Tenant, 

§  56. 

Right  of  citizen  or  taxpayer  to  enjoin  waste 
of  state  funds.    L.R.A.1915D,  178. 

Rights  of  action  in  case  of  damages  to  re- 
mainder or  reversion  by  stranger. 
L.R.A.1916A,  792. 

Bv  husband  on  land  held  by  entireties.  30 
L.R.A.  309. 

Set-off  for,  on  mortgage  foreclosure.  21 
L.R.A.  324. 

Cutting  of  timber  as  waste  which  mav  be 
enjoined.     43  L.R.A. (N.S.)   262. 

Injunction  against  trespass  to  cut  timber. 
22   L.R.A.   233;    L.R.A.1917C,  236. 

Enjoining  interference  with  fences  or  gates 
as.     7  L.R.A. (N.S.)    86. 

Liability  for  waste  of  oil  or  gas  resulting 
from  acts  done  on  neighboring  prem- 
ises.    48   L.R.A. (N.S.)    170. 

Infecting  premises  with  contagious  disease 
as  waste.    30  L.R.A. (N.S.)  474. 


1366 


INDEX  TO  L.R.A.  NOTES. 


WASTE— cont'd  I 

Right   to   interest   on    damages    recoverable  i 
for.     28  L.E.A.(X.S.)    82. 

g  2.  By  life  tenant. 

Duty  of  life  tenant  to  keep  propertj'  in 
repair.     33  L.R.A.(X.S.)   t>69. 

Impeachment  of  life  tenant  for  waste  in 
cutting  timber.     37   L.Il.A.(X.S.)    772. 

§  3.  Of  water. 

Care  necessary  to  avoid  waste  in  diverting 
water  from  stream  under  right  of  ap- 
propriation.    15   L.R.A.  (N.S.)    238. 

Constitutionality  of  statutes  to  prevent 
waste  of  subterranean  water,  natural 
gas,  or  oil.  23  L.R.A.  (N.S.)  436; 
L.R.A.1918B,  134. 

Right  to  complain  of  waste  bv  prior  ap- 
propriator.     L.R.A.1916B,  1014.  ' 


■WASTE  MATERIAIi. 

Burning  waste  material,  as  a  nuisance.    48 
L.R.A.(N.S.)  244. 


WASTE  AVATER. 

Appropriation  of.     6  L.R.A. (N.S.)  1104. 


WATCHMAN. 


§    1.  Generally. 

As  public  officer.    36  L.R.A.(N.S)  882. 
Private    action    for   violation    of    ordinance 

requiring  watchmen  on  cars  in  motion. 

5  L.R.A.(N.S.)  242. 
For  vessel;    jurisdiction  of   admiralty  over 

contracts  of.     66  L.R.A.  231. 
Maritime  lien  for  services   of.     70   L.R.A. 

386. 
Liability    of    railroad    company    for    injury 

to,  by  passing  trains.     48  L.R.A. (N.S.) 

1.50. 
Liability    of    master    for    the    intentional 

killing  or  injury  of  watchman  by  third 

person.    L.R.A.i917F,  753. 

§   2.  For  insured  property. 

Stipulation  for,  in  insurance  policy,  see  IN- 
SUKAXCE,   §   77. 

§   3.  Employer's  liability  for  acts  of. 

As  fellow  servants.     50  L.R.A.  457. 

Liability  of  master  for  arrest  or  false  im- 
prisonment by  servant  employed  as 
watchman.  4  L.R.A.(N.S.)  282;  28 
L.R.A. (N.S.)    88;    L.R.A.1916r,   1249. 


WATER    COMPANY. 


See  Waters,  III. 


W^ATER  COURSE. 

See  Waters,  II. 

*—-¥ 


WATER  CRAFT. 

Where  taxable,  see  Taxes,  §  49. 

♦-•-♦ 

WATER   FRONT. 

Wharves   at,   see   Wharves. 
Use  of,  see  Waters,  §  17. 


W  ATER  aiAINSi 


See  Water  Pipes. 


WATER-CLOSETS. 

Liability   of   landlord   to    third   persons   as 

to  condition  of.     26  L.R.A.  201. 
Municipal   regulations  of,  as  nuisance.     38 

L.R.A.  316. 
Begin  ivith  this  hook  on  every  law  question. 


■♦♦♦■ 


WATER  aiETERS. 


See  Waters,  §  124. 


WATER  PIPES. 


In  street,  see  Highways,  §  23. 
In  general,  see  Waters,  §  112. 

Aa  an  appurtenance.     15  L.R.A.  653. 
Landlord's   duty   to   tenant  as  to.     L.R.A. 

1917B,  225,  236,  244. 
Landlord's  liability  to  third  persons  as  to 

condition  of.     26  L.E.A.  202. 


WATER  POAA'ER. 


Reservation  of,  see  Deeds,  §  25. 
Condemnation    of    land    for,    see    Emixext 

Domain,  §  15. 
Taking  and  use  of  water  for,  see  Waters, 

§§   28,   29. 
Grant  of,  see  Waters,  §  99. 

Situs  of,  for  purposes  of  taxation.     L.R.A. 
1917F,  591. 


WATER-PROOF. 


Meaning  of  term  "waterproof"  employed  in 
contract,  statute,  or  ordinance.  L.R.A. 
1918B,  826. 


INDEX  TO  L.R.A.  NOTES. 


1367 


WATER  PURVEYING. 

Taking  of  property  for,  as  a  public  purpose. 
22   L.R.A.(N.S.)    156. 


AVATERS. 

J.  Puhlic    rifjhts;    navigahle    ivaters, 
§§    1-23. 
u.  In  general,  §§    1,  2. 
h.  What  ivaters  are  navigahle, 
•  §   3. 

c.  Jiirisiliction  over,   §§   4-7. 

d.  State    and    Federal    owner- 

ship of  waters,  §  8. 

e.  Relative     rights     of     public 

and  individuals,   §§  9- 
23. 

1.  Jn  general,  §  9. 

2.  night  of  access  to  water, 

§§   10,   11. 
8.  In    hed   and   shores,    §§ 
12-17. 

4.  Rights      of      navigation, 

§§    18-21. 

5.  Accretions;    islands,    §§ 

22,   23. 
11.  Water    rights    and    easements    as 
hetween      individuals,      §§ 
24-105. 
a.  In  general,  §§  24-29. 
h.  Riparian     rights    generally, 
§§  30-37. 

c.  Private    streams    generally; 

what  are  water  courses,  §§ 
38,  3Sa. 

d.  Use    of   water    generally,    § 

39. 

e.  Change        of        course        of 

stream;  accretions;  allu- 
vion; erosion;  submer- 
gence; islands;  flats,  §§ 
40-45. 

•f.  Embanlctnent;  obstruction; 
overflow,    §§    46-50. 

g.  Diversion;  deflection;  j**'^- 
cipitation  from  building, 
§§   51-54. 

h.  Pollution,    §§    55-58. 

i.  Surface  water,   §§   59-67. 

j.  llood  water,   §§   67a- 70. 

fc.  Seepage,   §    71. 

I.  Percolating;  subterranean; 
springs:  wells,   §§    72-80. 

ni.  Lah-es  and  ponds,  §§  81- 
85. 

n.  Appropriation,  §§  86-91. 

1.  In    general,     §§    86-88. 

2.  Prior  appropriation,    §§ 

89-91. 
o.   Irrigation,  §§   92-97. 
p.  Contract    or    grant,    §§    98- 

lOO. 
q.  Prescriptive  rights,  §§  101- 
105. 
111.  Public  water  supply,   §§   106-124. 

a.  In   general,    §§    106-108. 

b.  Operation  and  regulation  of 

uaterworKs,   §§   109-124. 
Considt  also  L.R.A.  Digests  of  Cases. 


WATERS— cont'd 

As  state  boundary,  see  Boundaries,  §§  2, 
2a. 

Bridge  over,  see  Bridges. 

Custom  and  usage  as  to,  see  Custom  and 
Usage,  §§  9,  10.  _ 

Extent  of  recovery  for  injury  to  real  prop- 
erty by  water,  see  Damages,  §  77. 

Boundary  of  municipality  on,  see  Munici- 
pal Corporations,  §  10. 

Liability  for  injury  by,  see  Negligence, 
§   14. 

As  dangerous  attraction  to  children,  see 
Negligence,  §§  23,  23a. 

Parties  plaintiff  in  actions  affecting,  see 
Parties,  §  5. 

Reasonableness  of  matters  relating  to,  see 
Reasonableness,  §  3. 

Water  pipes,  see  WATiai  Pipes. 

Duty   of   agister   to   supply   water.     L.R.A. 

"1915E,  590. 
Water  as  subject  of  larcenv.     L.R.A.1918C, 
580. 

J.  Public  rights;  navigable  waters.  , 

a.  In  general, 

§    1.  Generally. 

As   to   canals,   see   Canals.  ^ 

Control   of  navigable  waters   under   provi- 
sions as  to  commerce,  see  Commerce,  § 
3. 
Rights  of  fishing  in,  see  Fisheries. 

Right  to  extend  highway  into  navigable 
water.     15  L.R.A.  (N.S.)    1170. 

Does  public  easement  in  street  terminating 
at  shore  line  follow  recession  of  shore 
line.     22  L.R.A. (N.S.)    593. 

Injunction  against  hunting  on  navigable 
waters  or  against  interference  there- 
with. 17  L.R.A.(N.S.)  1236;  38  L.R.A. 
(N.S.)   286. 

Necessity  of  franchise  for  taking  tolls  on 
waterway.     37  L.R.A.  715. 

Claim  against  state  for  injuries  arising  on 
water  courses.     42  L.R.A.  65. 

Liability  for  loss  of  life  or  property  at  ford. 
46  L.R.A. (N.S.)  229. 

Question  relating  to  navigation  as  Federal 
question.     62  L.RJ^.  538. 

§  2.  Use  of  generally. 

Driving,  floating,  or  rafting  logs,  see  Logs 

and  Logging,  §§  4-10. 
Right  to  use   stream  for  floating  logs,   see 

Logs  and  Logging,  §  5. 

Navigable  stream  as  a  highway.     70  L.R.A. 

272. 
Tolls.     70  L.R.A.  273. 
Private  stream.     70  L.R.A.  274. 
Priority  of  rights.     70  L.R.A.  275. 
Kind  of  craft.     70  L.R.A.  277. 
Exclusive  use.     70  L.R.A.  277. 
Puhlic  regulation.     70  L.R.A.  277. 
Negligence.      70    L.R.A.    279. 

ft.  What  waters  are  navigable. 


§   3,  Generally. 

General  statement. 


42  L.R.A.  305. 


1368 


INDEX  TO  L.R.A.  NOTES. 


WATERS,  I.  b— cont'd 

The  rule  in  England.     42  L.R.A.  liOo. 

Chancellor  Kent's  doctrine.     42  I-.R.A.  310. 

Unsoundness  of  Chancellor  Kent's  doctrine. 
42  L.R.A.  315. 

The  true  rule.     42  L.R.A.  316. 

Navigable  waters  of  the  United  States.  42 
L.R.A.   325. 

\\'at('rs  held  navigable  or  not  navigable  on 
the  facts.     42  L.R.A.  325. 

Legislative  meaning.     42  L.R.A.  327. 

Practice  questions.    42  L.R.A.  327. 

Canal  as  navigable  water.  22  L.R.A.  (N.S.) 
435. 

What  streams  are  navigable  Avithin  mean- 
ing of  milldam  acts.  16  L.R.A. (N.S.) 
420. 

o.  Jurisdiction  over. 

§  4.  Over  sea. 

Over  oceans  in  general.    46  L.R.A.  204. 

Over  straits,  channels,  and  narrow  seas. 
46  L.R.A.  266. 

Over  coast  water.    46  L.R.A.  267. 

Enforcement  of  law  within  3-mile  liuiit.  46 
L.R.A.  272. 

Conflict  of  law.    46  L.R.A.  273. 

Inland  water.     46  L.R.A.  275. 

Jurisdiction  as  between  nation  and  subdi- 
vision thereof.    46  L.R.A.  277. 

Jurisdiction  as  between  subdivisions  of  na- 
tion.    46  L.R.A.  280. 

Jurisdiction  of,  and  law  governing,  {;ction 
for  death  on  waters.  L.R.A. litlOA, 
1157. 

§   5.  Over  lakes. 

Jurisdiction  over  Great  Lakes.  46  L.R.A. 
277. 

Are  lakes  connected  with  interstate  river 
included  within  term  "boundary"  over 
which  states  are  given  concurrent  ju- 
risdiction.    25  L.R.A.  (N.S.)   64!t. 

§   6.  Over  boundary  rivers. 

In  general.  65  L.R.A.  953;  41  L.R.A. 
(N.S.)    360. 

Right  to  exercise.     65  L.R.A.  953. 

Equal  rights  on.     65  L.R.A.  959. 

What  rights  are  exclusive.     65  L.R.A.  961. 

What  concurrent  jurisdiction  includes.  65 
L.R.A.    963;    41   L.R.A.  (N.S.)    368. 

Effect  of  change  of  channel.     65  L.R.A,  967. 

Jurisdiction  to  determine  the  rights  of  pri- 
vate parties  in  interstate  streams.  19 
L.R.A.(N.S.)    535. 

Are  sloughs,  bays,  or  lakes  connected  with 
a  river  forming  a  boundary  between 
states  included  within  the  term  "bound- 
ary," over  which  the  states  are  given 
concurrent  jurisdiction.  25  L.R.A. 
(N.S.)    649.  ■ 

Jurisdiction  as  to  taxation  of  bridge  over 
river  forming  boundary  of  state  or  its 
divisions.     29  L.R.A.   69. 

§   7.  Over  inland  rivers. 

.Jurisdiction  over  inland  rivers.  46  L.R.A. 
276. 


WATERS,  I.— cont'd 

d.  State    and   Federal    ow)iei'ship    of 
waters. 

§   8.  Generally.        , 

Generally.     50  L.R.A.   737. 

Public  rights  limited.     50  L.R.A.  738. 

Right  to  divert  water  in  aid  of  navigation. 
50  L.R.A.  740. 

Illustrations  of  the  limitations  on  the  pow- 
ers of  the  trustee.     50  L.R.A.  742. 

Effect  of  constitutional  or  statutory  asser- 
tion of  title  to  water.     50  L.R.A.  743. 

Title  as  between  state  and  United  States. 
50  L.R.A.  747. 

Jurisdiction  over  sea  as  between  nation  and 
subdivision  thereof.     46  L.R.A.  277. 

Right  as  between  state  and  Federal  govern- 
ment to  improve  navigability  of  stream. 
67  L.R.A.  824. 

Title  to  islands  as  between  governments. 
58  L.R.A.  673. 

Right  of  state  to  forbid  taking  water  out  of 
the  state.    43  L.R.A.  (N.S.)  240. 

e.  Relative    rights    of    public    and    in- 
dividuals. 

1.  In  general. 

%   9.  Generally. 

Rights  as  to  fishing,  see  Fisheries. 

Right  to  remove  lateral  support  by  dredg- 
ing water  bed.     64  -L.R.A.   275. 

Right  as  against  public  to  dam  back  waters 
of  stream.     59  L.R.A.  847. 

Public  rights  in  artificial  condition  of  body 
of  water.     50  L.R.A.  845. 

Effect  of  constitutional  provision  asserting 
title  to  navigable  water  upon  vested 
riparian  rights.     6  L.R.A. (N.S.)  257. 

Right  of  public  to  bathe  on  the  seashore. 
8  L.R.A. (N.S.)    1047. 

Right  of  public  to  use  or  divert  water  in 
highway.     41  L.R.A.  (N.S.)    1066. 

Taxation  of  water  power  on  interstate 
stream.      18   L.R.A.  (N.S.)    755. 

Situs  of  mill  site  or  water  power  for  pur- 
poses of  taxation.    L.R.A.1917F,  591. 

Interference  with  pleasurable  use  of  stream 
as  causing  special  damage  or  peculiar 
injury  which  will  sustain  an  action  by 
private  individual  for  nuisance. 
L.R.A.1917F,  208. 

2.  Right  of  access  to  water. 

§    10.  Public  right. 

Generally.     41  L.R.A.  208. 

No  right  for  fishing.     41  L.R.A.  268. 

No  right  for  general   purposes.     41  L.R.A. 

268. 

§    11.  Right  of  owner  of  upland. 

Generally.      40   L.R.A.   593. 
Tiie  English  rule.    40  L.R.A.  593. 
The  rule  in  Ireland.    40  L.R.A.  595. 
The  rule  in  Canada.     40  L.R.A.  595. 


Begin  with  this  hooU  on  every  law  question. 


INDEX  TO  L.R.A.  -NOTES. 


1369 


WATERS,  I.  e,  2— cont'd 

General  expressions  favoring  the  "right  of 
the  8lioro  owner  in  this  toiintrv.  40 
L.R.A.  .")«)(). 

The  rule  in  Massachusetts.     40  L.R.A.  598. 

The  cases  liolding  the  opposite  rule.  40 
L.R.A.  51)9, 

The  rule  of  the  Federal  courts.  40  L.R.A. 
602. 

Other  decisions  which  have  denied  the  ri- 
parian  owner's   right.     40   L.R.A.  603. 

The  effect  of  statutes.    40  L.R.A.  604. 

Right  as  against  private  individual.  40 
L.R.A.   004. 

Estoppel  by  grant.     40  L.R.A.  605. 

Special  reasons  for  refusing  relief.  40 
L.R.A.  605. 

Right  as  against  improvement  of  naviga- 
tion.    40  L.R.A.  605;  67  L.R.A.  842. 

Right  of  action  for  interference  with  access. 
22  L.R.A.(N.S.)  345;  L.R.A.1918E, 
738. 

Access  cut  off  by  railroad.     40  L.R.A.  604. 

^Measure  of  damages  for  cutting  off  access 
of  riparian  owner  to  navigable  waters. 
]5  L.R.A.  618. 

Right  to  construct  fish  traps  in  front  of  ri- 
parian property.     L.R.A.1918A,  1076. 

3.  In  bed  and  shores. 

§    12.  Right  of  way  on  shore. 

Civil-law  rule.     4  L.R.A.  (N.S.)   872. 
Common-law  rule.     4  L.R.A. (N.S.)    875. 
As  appurtenant  to  fishing  right.     4  L.R.A. 

(N.S.)    879. 
Custom    or    prescription.      4    L.R.A. (N.S.) 

880. 
Grant.     4  L.R.A. (N.S.)   881. 
Legislative  power.     4  L.R.A. (N.S.)   881. 
Street  on  shore.     4  L.R.A  (N.S.)   881. 

§    13.  Title  to  land  under  water. 

Ownership  of  beds  of  lakes  and  ponds,  see 
infra,  §  84. 

Tide  water.     42  L.R.A.  161. 

Nontidal  rivers.     42  L.R.A.  165. 

Lakes.     42  L.R.A.  175. 

Title  to  bed  of  navigable  river.     1  L.R.A. 

(N.S.)    762. 
Federal  grant  of  land  under  navigable  water 

in  territories.     1   L.R.A.  (N.S.)    745. 
Government    grant    bounded     by     nontidal 

navigable    river    as    carrying    title    to 

land     thereunder.       24   'L.R.A. (N.S.) 

1240. 
Right  to  lateral   and  subjacent  support  of 

land  under  water.    68  L.R.A.  682. 

§    14.  Tide  lands. 

Of    municipality,    see    Municipal    Cobpo- 
KATIO.XS,   §   71. 

Title  to  land  under  tide  water.     42  L.R.A. 

161. 
Municipal    ownership    of    tide    lands.      64 

L.R.A.  33,3. 
How    far   tide    lands    within    protection    of 

covenants   in   deed.     62  L.R.A.   763. 
Location  of  mining  claim  on  tide  lands.     7 

L.R.A. (N.S.)    790. 
Consult  also  L.R.A.  Digests  of  Cases. 


WATERS,  I.  e,  3— cont'd 

§15.  — acquisition  of;  grant  of. 

Acquisition  of  tide  land  by  right  of  eminent 
domain.     60  L.R.A.  897. 

Grant  of  land  under  tide  water.  42  L.R.A. 
3  63. 

Right  of  state  to  grant  tide  land  so  as  to 
destroy  wharfage  right  of  shore  owner. 
63  L.R.A.  264. 

Right  of  state  to  grant  tide  lands.  22 
L.R.A.(N.S.)    337. 

Grant  of  tide  land  to  municipal  corpo- 
ration.   3  L.R.A.(N.S.)  822. 

§  16.  Title  to  land  between  high  and 
low  water  marks. 

The  rule  in  England.     45  L.R  ^.  227. 
The  rule  in  the  United  States.     45  L.R.A. 

238. 
Conflicting  rights  of  owner  and  public.     45 

L.R.A.  241.  .ii.J  nr. 

What  is  shore.     45  L.R.A.  242*1,1   .)   jiNii-f 
Boundary    of    municipal    corporations.      45 

L.R.A.  243. 

§    17.  Use  of  water  front. 

Rights  Avith  respect  to  wharves  and  docks, 
see  Whaeves.       \  !',V.'ji  1,  "^ ' 

Division  of,  between  riparian  owners.  21 
L.R.A.  776;  25  L.R.A.  (N.S.)  257; 
L.R.A.1917B,  786. 


4.  Rights  of  navigation. 

§   17a.  Generally. 

Effect  of  admission  of  state  into  the  Union 
upon  provision  of  ordinance  of  1787  as 
to.    52  L.R.A. (N.S.)   308. 

§18.  Lilabillty  for  injuries  due  to  at- 
tempted exercise  of. 

General    rights    of    navigator.      64    L.R.A. 

977. 
^lust   not  exceed   capacity   of   stream.     64 

L.R.A.  978. 
Excessive  speed.     64  L.R.A.  Q'J9..  .'   . 
Collision.     64  L.R.A.  979.      ■■/--»••' 
Mooring.     64  L.R.A.  981.'','   *;.  '»ox Jon. !>>..'» 
Injury  to  fishing  rights.     64  L.R.A.'  9iB2. 
Floating  logs.     64  L.R.A.  983. 
Injury  to  banks.     64  L.R.A.   986. 
Contributory  negligence.     64  L.R.A.  987, 

§   19.  Improvement  of  navigation. 

Right  of  owner  of  upland  to  access  to  navi- 
gable water  as  against  improvement  of. 
40  L.R.A.  605. 

Duty  of  municipality  to  improve  stream 
adopted  as  part  of  sewer  system.  3 
L.R.A.  (N.S.)    1053. 

Taking  of  property  for,  as  a  public  pur- 
pose.    22  L.R.A.(N.S.)   353. 

Right  to  compensation  for  damages  to  oys- 
ter bed  bv  improvement  of.  34  L.R.A. 
(N.S.)    1084. 

§20.  —  right  to  improve  navigability. 

Exteiit  and  limits  of  the  right.  67  L.R.A. 
820. 

Right  as  between  state  and  Federal  govern- 
ments.    67  L.R.A.  824. 


1370 


INDEX  TO  L.R.A.  NOTES. 


WATERS  I.  e,  4— cont'd 

Character  of  improvement.     67  L.R.A.  827. 

Improvement  companies.     67  L.R.A.  828. 

Booming  and  sorting  logs.     67  L.R.A.  839. 

Interference  with  private  rights.  67  L.R.A. 
841. 

Exercise  of  power  of  eminent  domain.  67 
L.R.A.  847. 

Public  rights  in  improvement.  67  L.R.A. 
848. 

Use  of  surplus  water.     67  L.R.A.  848. 

Other  matters.     67  L.R.A.  849. 

Right  to  divert  water  in  aid  of  navigation. 
50   L.R.A.    740. 

Right  of  government  to  divert  water  from 
nontidal  stream  for  navigation  purposes 
without  compensation  to  riparian  own- 
er.    37   L.R.A.(N.S.)    308. 

Legislative  authority'  to  dam  water  of 
stream  for  improvement  of  navigation. 
59  L.R.A.  826. 

Right  to  obstruct  or  destroy  wharf  rights 
without  compensation  for  im- 
provement of  navigation.  34 
L.R.A.(N.S.)    425. 

§   21.  Obstruction  of  navigation. 

By  bridge,  see  Bbidges,  §  11. 

Obstruction  of  navigation  by  running  logs, 

see  Logs  and  Logging,  §  7. 
Wharves  as,  see  Whabves,  §  6. 

Extent  of  sovereign's  right.     59  L.R.A.  33. 

Injury  by  individual.     59  L.R.A.  51. 

Powers  and  liabilities  of  municipality.  59 
L.R.A.  77. 

Prescriptive  rights.     59  L.R.A.  79. 

Right  to  object  to  obstruction.  59  L.R.A. 
79. 

Private  right  of  action  for  obstruction  of 
navigable  stream.  3  L.R.A.(N.S. ) 
1126;  38  L.R.A.  (N.S.)    763. 

Right  of  one  who  navigates  stream  or  floats 
logs  therein  to  abate  nuisance  arising 
from  bridge.     51  L.R.A.  (X.S.)   1172. 

Partial  or  immaterial  obstruction.  59 
L.R.A.  89. 

Obstruction  a  nuisance.     59  L.R.A.  90. 

Remedies.     59  L.R.A,  91. 

Liability  of  owner  for  cost  of  removing  ves- 
sel sunk  in  harbor.  3  L.R.A. (X.S.) 
1120. 

Injunction  against  city  as  to  nuisance  af- 
fecting docks  and  navigation.  23 
L.R.A.  302. 

Police  regulation,  so  as  to  prevent  obstruc- 
tion of  navigation  by  electric  compa- 
nies.   31  L.R.A.  799. 


&.  Accretions;  islands. 


to,  see  Landlord  and 


§   2  2.  Accretions. 

Tenant's   rights   as 
Tenant,  §  53. 

Change  of  channel  as  change  of  state  bound- 
ary.    39  L.R.A. (N.S.)    200. 

Docs  public  easement  in  street  terminating 
at  shore  line  follow  recession  of  sliore 
line.     22  L.R.A. (N.S.)   593. 


Begin  n'itli  this  book  on  every  laiv  question. 


WATERS,  I.  e,  5— cont'd 
§   23.  Title  to  islands. 

As   between   state   and   subject.     58   L.R.A. 

673. 
How    far    island    included    in    government 

grants.     58  L.R.A.  675. 

II.  Water  rights  and   easetnents   as 
between  individxials. 

a.  In  general. 

§2  4.  Generally. 

Abandonment  of  water  rights,  see  Abandon- 
ment, §  4. 

Defenses  to  action  relating  to  water  rights, 
see  Action  oh  Suit,  §  14. 

As  boundary  between  individuals,  see 
Boundaries,  §§  6,  7. 

Constitutionality  of  statutes  as  to,  see 
Constitutional  Law,  §  173. 

Custom  and  usage  as  to,  see  CuSTOii  and 
Usage,  §  9. 

Extent  of  recovery  for  injury  to  real  prop- 
erty by  water,  see  Damages,  §§  10a,  77. 

Measure  of  damages  for  injurj*  to  water 
rights,  see  Damages,  §§  76-79. 

As  to  drains  and  sewers,  see  Dbains  and 
Sewers. 

Water  rights  in  highway,  see  Highway, 
§  12. 

Right  as  to  ice,  see  Ice,  §  2. 

Injunction  as  to  water  rights,  see  Injunc- 
tion, §§  30-33. 

License  as  to  waters  and  water  rights,  see 
License,  §  4. 

Negligence  of  municipality  as  to,  see 
Municipal  Corporations,  §§  86-94. 

Municipal  liability  for  injuries  in  connec- 
tion with  water,  see  Municipal  Cor- 
pobations,  §§  87-94. 

Liability  for  injury  by  water  constituting 
attractive  nuisance,  see  Negligence, 
§  23a. 

Negligence  as  to  waters  generally,  see  Negli- 
gence, §  29. 

Liability  for  damage  by  escaping  water,  see 
Negligence,  §  29a. 

Right  to  waterway  as  way  of  necessity 
where  other  possible  modes  of  access 
exist.     17  L.R.A. (N.S.)    1022. 

Reciprocal  easement  as  to  water  rights.  17 
L.R.A.  (N.S.)   945. 

Easement  for  use  of  water  as  appurtenant 
or  in  gross.     L.R.A.1918F,  447. 

Creation  of  easement  by  severance  of  tract 
on  which  natural  water  course  exists. 
26  L.R.A.(N.S.)  356;  L.R.A.1915C, 
351. 

Existence  of  water  right  on  land  at  time 
of  conveyance  as  breach  of  covenants. 
36  L.R.A.(N.S.)  313;  51  L.R.A. (N.S.) 
428. 

Right  to  discharge  water  from  mines  or 
wells  upon  lower  land.  42  L.R.A. 
(N.S.)    714. 

Jurisdiction  to  determine  the  rights  of  pri- 
vate parties  in  interstate  streams.  19 
L.R.A.  (N.S.)    535. 

Is  one  a  littoral  owner  whose  property 
alnits  on  higlnvay,  one  line  of  which  is 
coterminous  with  the  shore  line  of 
navigable  water.     22  L.R.A. (N.S.)   674. 


INDEX  TO  L.R.A.  NOTES. 


1371 


WATERS,  II.  a— cont'd 

Eight  of  one  who  pumps  oil,  gas,  or  water 
on  his  premises  to  enjoin  similar  acts 
by  his  neiglibor.    30  L.'R.A.(N.S.)   10.57. 

Discharging  oil  into  stream  or  bay  as  prox- 
imate cause  of  fire  resulting  there- 
from.    30  L.R.A.(X.S.)    1210. 

Federal  courts  following  state  decisions  as 
to  water  rights.     40  L.R.A.(N.S.)   417. 

Question  as  to  vested  water  rights  as  Fed- 
eral question.     62  L.R.A.  537. 

Does  a  water  right  used  in  connection  with 
land  mortgaged  prior  to  its  acquire- 
ment pass  on  foreclosure.  15  L.R.A. 
(X.S.)  359. 

Duty  to  serve  public  as  affecting  liability  of 
public  utility  for  temporary  interfer- 
ference  with  water  rights.  L.R.A. 
1915E,  294. 

Treatment  of  water  rights  in  public  service 
propertv  valuations.  48  L.R.A.  (N.S.) 
1079. 

Estoppel  to  assert  water  rights  by  deceiving 
one  acquiring  title.  48  L.R.A. (N.S.) 
762,  765. 

Change  in  exercising  right  to  take  water 
from  another's  premises.  43  L.R.A. 
(N.S.)    824. 

Right  to  waters  of  springs  and  streams  on 
railroad  right  of  way  as  between  com- 
pany and  fee  owner.  45  L.R.A.(N.S.) 
804." 


§  2  5.  Liability  for  acts  of  independent 
contractors. 

Employer's  liability  for  negligence  of  inde- 
pendent contractor  in  removal  of 
wrecks  from  navigable  rivers.  65 
L.R.A.  848. 

Employer's  liability  for  injury  from  inde- 
pendent contractor's  allowing  materials 
dredged  from  water  to  escape  onto  ad- 
joining land.     65  L.R.A.  853. 

Employer's  liability  for  injury  from  flood- 
ing of  lands  through  negligent  drain- 
age operations  of  independent  contrac- 
tor.    65  L.R.A.  853. 


§   2  6.  Facilitating  evaporation. 

Liability  for  facilitating  evaporation  from 
stream.     59  L.R.A.  333. 

§   2  7.  Riglits  acquired  In  artificial  con- 
dition of  body  of  water. 

As  to  canals,  see  Canals. 

Generally.     50  L.R.A.  836. 

Contract  rights.     50  L.R.A.  836. 

Artificial    condition    established    by    grant. 

50  L.R.A.  837. 
Application  of  doctrine  of  riparian  rights. 

50  L.R.A.  838. 
Prescriptive  rights.    50  L.R.A.  839. 
Reciprocal   rights.     50  L.R.A.  841. 
Changing  channels.     50  L.R.A.  844. 
Public  rights.     50  L.R.A.  845. 
Creation  of  easements  by  severance  of  tract 

on  whicii  artificial  condition  exists.     26 

L.R.A. (X.S.)    356:  L.R.A. 191,5C.  .351. 
Cons}ilt  also  L.R.A.  Digests  of  Cases. 


WATERS,  II.  a— cont'd 

§   28.  Taking  and  use  for  water  power. 

Taking  under  power  of  eminent  domain,  see 
Eminent  Domain,  §  15. 

Right  to  use  stream  for  power  during  night 
as   well   as  day.     7   L.R.A.(X.S. )    289. 

May  \yater  company  be  required  to  furnish 
water  for  power  or  manufacturing  pur- 
poses.   32  L.R.A. (N.S.)  805. 

Taxation  of  water  power  on  interstate 
stream.     18   L.R.A. (X.S.)    755. 

Situs  of  mill  site  or  water  power  for  pur- 
poses  of   taxation.     L.R.A.1917F,  -SQl. 

§   2  9.  —use  of  canals  for. 

Use  of  canals  for  water  power.  61  L.R.A. 
853. 


b.  Riparian  rights  generally. 

§   30.  Generally. 

Rights  as  to  dams,  see  Dams. 
Rights  as  to  fishing,  see  Fisheries. 
Rights  as  to  ice,  see  Ice,  §  2. 

Right  of  riparian  owner  to  use  stream  for 
sewer  purposes.     41  L.R.A.  751. 

Riparian  rights  on  canal.    61  L.R.A.  877. 

Power  to  condemn  riparian  rights  apart 
from  land  to  which  thev  are  appurte- 
nant.   17  L.R.A.(N.S.)  1005. 

Maintenance  of  ejectment  by  riparian  own- 
er.    18  L.R.A.  786. 

Efi"ect  of  constitutional  provision  asserting 
title  to  navigable  water  on  vested  ripa- 
rian rights.     6  L.R.A.(N.S.)   257. 

Right  of  action  by  owner  of  upland  for 
interference  with  access  to  navigable 
water.     22  L.R.A. (N.S.)   345. 

Interference  with  pleasurable  use  of  stream 
as  causing  special  damage  or  peculiar 
injury  which  will  sustain  an  action  by 
private  individual  for  nuisance.  L.R.A. 
1917F,  208. 

Interference  by  riparian  owner  with  bridge. 
39  L.R.A. (N.S.)   1213. 

§   31.  What  is  riparian  land. 

What  is  riparian  land.  11  L.R.A. (N.S.) 
1062. 

Is  one  a  riparian  owner,  whose  property 
abuts  on  a  highway,  one  line  of  which 
is  coterminous  with  the  shore  line  of 
navigable  water.     22  L.R.A.(N.S.)   674. 


§   32.  As  to  running  of  logs. 

See  Logs  and  Logging,  §§  4-10. 

g   33.  liiability  for  injuries  to  riparian 
owner  by  running  logs. 

See  Logs  and  Logging,  §  8. 

g   3  4.  Correlative  rights  of  upper  and 
lower  proprietors  generally. 

General  statement  of  the  right.     41  L.R.A. 

737. 
Right  to  use.     41  L.R.A.  739. 
Right  to  flow.     41  L.R.A.  743. 


1372 


INDEX  TO  L.E.A.  NOTES. 


WATERS,  II.  b— cont'd 

Use  for  sewer.     41  L.R.A.  751. 

Right  to  relief.     41  L.R.A.  754. 

§   35.  Division  of  riglits. 

Division  of  water  l)Ltwfcn  opposite  riparian 

owners.     26  L.R.A.  284. 
The  division  of  a  water  front,  alluvion,  and 
flats    between    adjoining    riparian 
owners,     21  L.R.A.  776;  25  L.R.A. 
(N.S.)    257;  L.R.A.1917B,  786. 
Meander  line,  or  water  line,  as  basis  for  dl- 
,  viding    accretions.       12     L.R.A. (N.S.) 
687. 

§  36.  Separation     of     riparian     rights 
from  upland. 

Generally.    40  L.R.A.  393. 

Right  of  fishing.     40  L.R.A.  393. 

Right  of  wharfage.    40  L.R.A.  393. 

Mere  riparian  rights.     40  L.R.A.  393. 

Cases  merely  recognizing  the  doctrine.     40 

L.R.A.   394. 
Adverse  possession.    40  L.R.A.  394. 
Partition.     40  L.R.A.  394. 
Method  of  separation.    40  L.R.A.  394. 
Separation    of    upland    and    accretion.      58 

L.R.A.  208. 
Separation   of    accretions    from    shore.     58 

L.R.A.  210. 
■  ■■-''•''!'! 

§  37.  Loss  of  rights  by  nonuser. 
Effect  of  nonuser  on  rights  of  prior  appro- 

priators  of  water.    30  L.R.A.  265. 
Forfeiture  of  rights  in  stream  by  nonuser. 

41  L.R.A.  758. 
In  water  power.     67  L.R.A.  400. 

c.  Private  streams  generally;  what  are 
water  courses. 


§  3  8.  Private  streams  generally. 

What  are  private  streams.     3  L.R.A.  610.* 
Private    stream    not    public    highway.      3 
L.R.A.  406.* 


25 


g  38a.  What  are  watercourses. 

Surface   water   as   distinguished   from 

L.R.A.  527. 
Surface  water  as  source  of.    6  L.R.A.  (N.S.) 

157. 
Swales  and  ravines  as  water  courses.     15 

L.R.A.  630. 
Distinguishing   character   of   water   course. 

1  L.R.A.(N.S.)    756. 
Conversion  of  artificial  into  natural  water 

course.     16  L.R.A. (N.S.)  280. 


'd.  Use  of  water  generally. 


§   39.  Generally. 

Use  of  navigable  water,  see  supra.  §  2. 
Use  of  water  front,  see  supra,  §  17. 
Use  for  water  power,  see  supra,  §  28. 

Right  to  make  use  on  nonriparian  lands  of 
water  rights  incident  to  riparian  lands. 
22  L.R.A.  (N.S.)  383;  49  L.R.A.  (N.S.J 
57. 


,  WATERS,  II.  d— cont'd 

Prioritj-  of  rights  in  use  of  navigable 
.stream.     70  L.R.A.  275. 

Right  of  railroad  company  as  riparian  own- 
er to  take  water  from  stream  for  its 
engines.     31  L.R.A.  ( N.S.  i   543. 

e.  Change  of  course  of  stream ;  accre- 
tions; alluvion;  erosion;  suhmer" 
gence;  islands;  flats. 

§  40.  Change  of  course  of  stream  gen- 
erally. 

Correlative  rights  of  upper  and  lower  pro- 
prietors as  to.     41  L.R.A.  743. 

Rights  in  water  of  stream  as  affected  by 
act  of  God  or  natural  change  of  course, 
30  L.R.A.  820. 

Right  of  riparian  owner  to  restore  stream 
which  has  changed  its  course  by  nat- 
ural causes,  to  old  channel.  33  L.E.A. 
(N.S.)    804;   L.R.A.1916F,   407. 

Liability  of  municipality  for  damages  by 
changing  the  channel  or  course  of  a 
stream.    47  L.R.A.  (N.S.)  440. 

§   41.  Accretions. 

Effect  on  public  rights,  see  supra.  §  22. 
Tenant's   rights   as   to,   see   Landlord  a:?i> 
Tenant,  §  53. 

What  constitutes.     58  L.R.A.  193. 

Title  to.     58  L.R.A.  199. 

Basis  of  rule.    58  L.R.A.  206. 

Effect   of    character    of    water.      58    L.R.A. 

207. 
Separation    of    upland    and    accretion.      5S 

L.R.A.  208. 
interference  with  right.    58  L.R.A.  209. 
Dower  and  leasehold.     58  L.R.A.  210. 
Right  to   follow   accretions   across   division 

line  previously  submerged  by  the  action 

of  the  water.     51  L.R.A.  425. 
Meander   line   or   water   line    as   basis   for 

division   of.     12   L.R.A. (N.S.)    687. 
Right   to   island   attached   to   shore   by.      & 

L.R.A.  (N.S.)   194. 

§   42.  Alluvion. 

Division  of,  between  adjoining  riparian 
owners.  21  L.R.A.  776:  25  L.R.A. 
(N.S.)   257;  L.R.A.1917B,  786. 

§   43.  Erosion  or  submergence. 

Effect  of  sudden  submergence  upon  title  to 

land.     38  L.R.A.  849. 
Title  to  islands  temporarily  submerged.     35 

L.R.A.  (N.S.)  230. 
Right  to  follow  accretions  across  division 

line  previously  submerged  by  action  of 

water.     51  L.R.A.  425. 
Division,  in  absence  of  special  agreement,  of 

water  front,  alluvion,  and  flats  between 

adjoining  riparian   owners.     25   L.R.A. 

(N.S.)   257;  L.R.A.1917B,  786. 

§   44.  Islands. 

Generally.     12  L.R.A."  .367;*  58  L.R.A.  673; 

.35  L.R.A.  (N.S.)    227. 
Title   as   between   governments.     58   L.R.A. 

073. 


Begin  with  this  booJc  on  every  laiv  question. 


INDEX  TO  L.R.A.  XOTES. 


1373 


WATERS,  II.  e— cont'd 

As  between  state  and  subject.  58  L.R.A. 
673. 

As  between  opposite  owners.     58  L.R.A.  674. 

How  far  included  in  government  grants. 
.-)8  L.R.A.  675. 

Private  grants.     58  L.R.A.  677. 

Reformed  islands.     58  L.R.A.  677. 

Adverse  possession.     58  L.R.A.  677. 

Estoppel.     58  L.R.A.  678. 

Where  title  to  bed  of  river  is  in  riparian 
proprietor.     35   L.R„4..{N.S.)    227. 

Where  title  to  bed  of  river  is  not  in  ripar- 
ian owner.    35  L.R.A.  (N.S.)  229. 

Islands  in  great  ponds.  35  L.R.A. (N.S)  230. 

Island  temporarily  submerged.  35  L.R.A. 
(N.S.)    230. 

As  affecting  riparian  water  rights.  26 
L.R.A.  285. 

Eflfect  of,  on  division  of  rights  between 
opposite  riparian  owners.  26  L.R.A. 
285. 

Right  to  island  attached  to  shore  by  accre- 
tion.    6  L.R.A. (N.S.)    194. 

§   4  5.  Flats. 

Ownership  of  flats  or  land  below  high  water 

mark.     16  L.R.A.  353. 
Division     of.    between     adjoining     riparian 

owners.      21    L.R.A.    '776:     25    L.R.A. 

(N.S.)   257;  L.R.A.1917B,  786. 

^.  Embatilicnient ;  obstruction;  overflow. 

§   4  6.  Generally. 

Of  surface  water,  see  infra,  §  63. 

Of  subterranean  water,  see  infra,  §  75. 

Prescriptive   right  as   to,   see   infra.   §   102. 

Measure  of  damages  for,  see  Dajeages, 
§§   10a.   77. 

As  to  dams,  generally,  see  Dams, 

License  or  easement  to  maintain  dam.  see 
Dams,  §  2. 

Municipal  liability  for  damage  by  obstruc- 
tion or  overflow  of  sewer,  see  Mumc- 
iPAr,  Corporations,  §  88. 

Obstruction  as  nuisance,  see  Nuisances,  § 
2. 

Ly  railroad,  see  Railroads,  §  42. 

Presumption  as  to  authority  of  railroad  to 
commit  nuisance  bv  maintaining  em- 
bankments.    70  L.R"!a.  586. 

For  what  purpose  flowage  of  land  may  be 
authorized  by  statute.     14  L.R.A.  487. 

Right  to  prevent  obstruction  against  pas- 
sage of  fish.     39  L.R.A.  587. 

Injury  to,  in  improving  navigability  of 
stream.     67  L.R.A,  844. 

Duty  of  municif  ality  to  keep  stream  free 
'from  obstruction.    3  L.R.A.  (N.S.)  1053. 

Duty  of  riparian  proprietor  whose  rights 
are  interfered  with,  or  one  whose  prop- 
erty is  flooded  because  of  the  obstruc- 
tion of  a  natural  water  course,  to  min- 
imize the  damages.  22  L.R.A. (N.S.) 
684. 

When  does  statute  of  limitations  commence 
to  run  against  action  for  damages  for 
flooding  of  land  caused  by  the  digging 
of  a  ditch  or  drain.  20  L.R.A. (N.S.) 
894;   25  L.R.A. (N.S.)    645. 

-Consult  also  L.R.A.  Digests  of  Cases. 


WATERS,  IT.  f— cont'd 
§   4  7.  Liability  for. 

tSurtace  water,  see  infra,  §  G3. 
Liability  for  injury  by  flood  water  due  to, 
see  infra,  §  69. 

Casting  water  upon  opposite  bank  by  rais- 
ing bank  of  a  stream,  as  a  taking,  or 
damaging  of  property  within  constitu- 
tional provisions.    48' L.R.A. (N.S.)  994 

Right  of  riparian  owner  to  remove  tem- 
porary obstruction  in  stream  to  the 
damage  of  other  riparian  property.  49 
L.R.A.(N.S.)  711. 

Liability  for  causing  discharge  of  perco- 
lating or  underground  water  into  an- 
other's premises.     L.R.A.1915D,  1080. 

Interfering  with  flow  of  stream;  efl"ect  of 
bad  motive.     62  L.R.A.  687. 

Liability  for  obstruction  by  structure  or 
material  washed  downstream.  L.R.A. 
1918B,  182. 

Injury  from  flooding  by  improving  naviga- 
bility of  stream.     67  L.R.A.  845. 

Liability  to  riparian  owner  for  flooding 
lands  for  purpose  of  running  logs  in 
stream.    41  L.R.A.  496. 

Municipal  liability  for  injury  by  em- 
bankment in  street.  20  L.R.A. (N.S.) 
626. 

Municipal  liability  for  obstruction  of 
swales.    65  L.R.A.  269. 

Municipal  liability  for  overflow  of  stream 
used  by  it  as  a  sewer.  3  L.RA. (N.S.) 
1053. 

Liability  of  drainage  district  for  flooding 
land.     19  L.R.A.(N.S.)   991. 

Employer's  nonliability  for  torts  of  in- 
dependent contractor  in  construction 
of.     65   L.R.A.  647. 

Employer's  liability  for  injury  from  flood- 
ing of  lands  through  negligent  drain- 
age operation  of  independent  con- 
tractors.    65  L.R.A.  853. 

Character  of  liability  of  several  persons 
whose  independent  wrongs  contribute 
to  enhance  injury  by.  40  L.R.A.  (N,S.) 
106,    . 

§  48.  — for  damming  back  water  of 
stream. 

Liability  for  injury  by  flood  water,  due  to, 

see' infra,  §  69. 
Liability  as  to  dams,  see  Dams,  §  3. 

Right  to  dam  back.     59  L.R.A.  817. 
Who  are  liable.    59  L.R.A.  853. 
What  is  obstruction.     59  L.R.A.  862. 
Effect  of  character  of  stream.     59  L.R.A. 

875. 
Effect  of  flood.    59  L.R.A.  876. 
Character  of  injury.     59  L.R.A.  878. 
Remedy.     59  L,R.A.  879. 
Who  may  sue.     59  L.R.A.  898. 
Defenses.     59  L.R.A.  904. 
Liability  for  damming  back  water  of  stream 

by  bridge.     28  L.R.A. (N.S.)    156. 

§   49.  Protection  against. 

Disposal  of  waters  brought  in  unnatural 
quantities  upon  property.  27  L.R.A. 
294. 


1374 


I^'DEX  TO  L.R.A.  NOTES. 


WATERS,  II.  f— confd 

Right  to  embank  against  water  turned  out 

of  stream.     G  L.R.A.  (N.S.)    13C. 
Right  of  riparian  owner  to  protect  the  shore 

from  encroachment  of  water.    6  L.R.A. 

(N.S.)    162. 
Right  to  deepen  natural  channel  or  drain 

as  protection  against  overflow.    L.R.A. 

1917C,  1027. 

§  50.  Remedy  for. 

Remedy    by    injunction,    see    Injunction, 
§  32. 

For   damming   back  water   of   stream.     59 

L.R.A.  879. 
Injunction      to      restrain      obstruction      of 

stream.     59   L.R.A.  881. 
Mandatory   injunction  as  to  obstruction  of 

water  courses.     20  L.R.A.   164. 


g- 


Diversion;    deflection;    precipitation 
from  building. 


§   51.  Diversion. 

Of  surface  water,  see  infra,  §  64. 

Of  flood  water,  see  infra,  §  70. 

Of  subterranean  water,  see  infra,  §  76. 

For  irrigation  purposes,  see  infra,  §  95. 

Injunction  against,  see  Injunction-,  §   32. 

By  railroad,  see  Railroads,  §  42. 

-Mandatory  injunction  as  to  diversion  of 
water  courses.     20  L.R.A.   164. 

Liability  for  overflow  from  artificial  chan- 
nel bv  which  a  stream  is  diverted  from 
its  natural  channel.  36  L.R.A. (N.S.) 
1158;    L.R.A.191GF,    1291. 

Correlative  rights  of  upper  and  lower  pro- 
prietors as  to.     41  L.R.A.  744. 

Duty  as  to  protection  of  banks  of  changed 
watercoui'se.     L.R.A.191CF,   1302. 

§   52.  —  by   government. 

Right  of  state  or  United  States  to  divert 
water  in  aid  of  navigation.     50  L.R.A. 
740. 
Right  of  government  to  divert  water  from 
nontidal    stream   without   compen- 
sation    to     riparian     owner.       37 
L.R.A. (N.S.)   307. 

§   53.  Deflection. 

Right  of  upper  proprietor  to  deflect  water 
in  stream  to  the  injury  of  lower  pro- 
prietors.    7  L.R.A.(N.S.)    344. 

Injury  to  riparian  property  by  deflection 
of  water  by  structure  erected  under 
statutory  authoritv  as  a  taking.  38 
L.R.A.(N.S.)  1040.^ 

§  54.  Precipitation  from  building. 

Right  to  discharge  from  roof  upon  premises 
of  adjoining  owner.     L.R.A.lOlflA,  093. 

Liability  for  injury  from  water  precipitated 
upon  adjoining  propertv.  36  L.R.A. 
(N.S.)  1172:    ' 

h.  Pollution. 


g   55.  Generally. 

Of  surface  water,  see  infra,  §  66. 
Of  subterranean  water,  see  infra,  § 


77. 


Begin  tcith  this  boolc  on  every  law  question. 


WATERS,  II.  h— cont'd 
Of  well,  see  infra,  §  80. 
Of  municipal  water  supply,  see  infra,  §  113. 
Prescriptive  rights  as  to,  see  infra,  §  103. 
Measure  of  damages  for,  see  Damages,  §  79. 
Estoppel  as  to,  see  Estoppel,  §  23. 
Injunction  against,  see  Injunction,  §  33. 
Municipal  liability  for,  see  Municipal  Cob- 
PORATIONS,  §  89. 

Right  of  pollution  as  against  lower  pro- 
prietor.    41  L.R.A.  751. 

Pollution  of  water,  course  bA-  stock.  2ft 
L.R.A.(N.S.)   222. 

Statutory  prohibition  of  pollution  of  water 
to  protect  fishery.  1  L.R.A. (N.S.)  752; 
34   L.R.A.(N.S.)    286. 

Injury  to  fishing  right  as  damages  from 
pollution.    33  L.R.A.  (N.S.)  74. 

Discharging  matter  into  stream  causing 
pollution  of  ice.     L.R.A.1915E.  1210. 

Effect  of  plaintiff's  contributory  act  on  right 
to  recover  damages  for  pollution  of 
stream.     6  L.R.A.  (N.S.;    1111. 

g   56.  By  several  persons. 

Liability  in  damages  of  one  of  several  pol- 
luters of  a  stream.  24  L.R.A. (N.S.-) 
1185. 

Character  of  liability  of  several  persons 
whose  independent  wrongs  contribute 
to  enhance  injury  by.  10  L.R.A. (N.S.) 
167;  40  L.R.A.(N.S.)   106. 

Joinder  of  parties  in  suit  to  restrain  pol- 
lution of  water  course.  6  L.R.A. (N.S. > 
1149. 

g   5  7.  As  nuisance. 

Municipal  control  over,  see  Municipal 
Corporations,  §§  28,  36. 

Nuisance  as  to  waters  generally,  see  Nui- 
sances, §  2. 

As  a  nuisance  to  fishery.    39  L.R.A.  589. 
Injurv  to  fishing  rights  as  damages  from 

pollution.     33  L.R.A.  (N.S. ),  74. 
Fouling    of    streams    bv    gas    plant    as    a 

nuisance.     20  L.R.A\(N.S.)   468. 
Railroad   causing  pollution   as   a   nuisance. 

32  L.R.A.(N.S.)   376. 
Right  of  municipality  to  create  nuisance  at 

point  where  its   sewers  discharge.     47 

L.R.A.(N.S.)   137. 

g  58.  For  mining  purposes  or  by  min- 
ing operations. 

In  general.     24  L.R.A.  64;  22  L.R.A. (N.S.) 

276;      38     L.R.A.(N.S.)      272:     L.R.A. 

1915D,  911. 
Caring  for  tailings.     24  L.R.A.  64. 
Mine    and    mine    mill    refuse.      22    L.R.A. 

(N.S.)   278. 
Water  from  mines.    24  L.R.A.  65:  22  L.R.A. 

(N.S.)   280. 
Oil  well  refuse.     22  L.R.A. (N.S.)   280. 
Effect   of    prior    appropriation.      22   L.R.A. 

(N.S.)   281. 
Contractual  or  prescriptive  right  to  pollute 

streams.     22  L.R.A. (N.S.)   281. 
Refusal   of   injunction.     24  L.R.A.  66. 
Estoppel   to  question   pollution.     24  L.R.A. 

06:  22  L.R.A. (N.S.)    282. 
Who  liable;   joint  tort  feasors.     24  L.R.A. 

66;   22  L.R.A.(N.S.)    282. 


INDEX  TO  L.K.A.  ^OTES. 


1375 


WATERS,  II.  ]i— cont'd 

Injunctive     relief    dependent    on    compara- 
tive injury.    22  L.R.A.(N.S.)   283. 
Prior  appropriation.    24  L.H.A.  60. 

i.  Surface  water. 

§   59.  Generally. 

"Measure    of    damages    for    injury    by,    see 

Damages,  §§  ]0a,  77. 
Power  of  municipality  over,  see  Municipal 

Corporations,   §§   30-32. 
Municipal    liability    as    to    surface    waters, 

see    Municipal    Corporations,    §§    91, 

92. 

As  source  of  water  course.  6  L.R.A.(N.S.) 
157. 

§   60.  AVliat  is  surface  water. 

Distinguished  from  water  course.    25  L.R.A. 

527. 
Distinguished  from  basins  or  marshes.     25 

L.R.A.  .-)20. 
Definition  of  surface  water.     25  L.R.A.  529. 
A  question  for  the  jury.     25  L.R.A.  520. 
\Vai;er  overflowing  river  banks.     25  L.R.A. 

529. 

§   61.  Right   to   flow  of   surface   water. 

The  two  rules.     21  L.R.A.  593. 

The  upper  proprietor  not  bound   to  permit 

the   water  to  flow  to  the   lower  estate. 

21  L.R.A.  594. 
Right  to  collect  or  divert  water  in  masses. 

21  L.R.A.  595. 
The  correlative  rights  as  to  the  obstruction 
of    the    natural    flow.      21    L.R.A. 
598. 
Dutv  to  care  for  water  where  it  falls.     21 

' L.R.A.  604. 
Draining  ponds.     21  L.R.A.  605. 
Casting   water    into    natural    streams.      21 

L.R.A.  600. 
Obstructing   water   flowing   in   a   body.     21 

L.R.A.  607. 
Prescriptive  rights.     21  L.R.A.  607. 
Fixing     servitudes     before     subdivision     of 

tracts.     21  L.R.A.  607. 
The  maxim,  /Stc  utere  tuo,  etc.     21  L.R.A. 

607. 

§    62.   Right  to  drain. 

As  to  drains  and  sewers  generally,  see 
Drains  and  Sewers. 

Right  to  driin  surface  water  into  water 
course.     24    L.R.A.  (N.S.)    903. 

Liability  for  injury  to  higher  property  by 
hastening  drainage  from  lower  land. 
6  L.R.A.{S'.S.)    146. 

Elfect  of  incurring  expense  upon  parol  li- 
cense to  diain  water  onto  one's  prop- 
erty.   6  L.:i.A.(N.S.)   154. 

Liability  for  reopening  or  cleaning  out 
drain  or  nitural  water  way  after  body 
of  surface  water  has  accumulated.  40 
L.R.^\.(X.f^.)    160. 

Right  to  deeper  natural  channel  or  drain  as 
protection  against  overflow.  L.R.A. 
1917C.    W-Z. 

Consult  also  L.R.A.  Digests  of  Cases. 


WATERS,  II.  i— cont'd  11    >'Ja 

§   63.  Obstruction  of.  ;      ,  ; 

Measure  of  damages  for,  see  Damages,  §  77. 

Correlative  rights  as  to  obstruction  of  na- 
tural flow.     21  L.R.A.  598. 

Obstruction  of  surface  water  in  city.  20 
L.R.A.(X.S.)  155;  43  L.R.A. (N.S.)  792. 

Obstructing  surface  water  flowing  in  a 
body.     21  L.R.A.  607. 

Presumption  as  to  statutory  authority  to 
commit  nuisance  by  obstruction  of  sur- 
face water.     70  L.R.A.  586. 

Right  of  owner  of  lower  tenement  as  against 
the  rights  of  the  upper  landowner  to 
obstruct  surface  water  in  a  natural 
drainage  channel.  22  L.R.A.  (N.S.) 
789;   L.R.A.1917A,  517. 

Liability  of  railroad  for  conducting  surface 
water  through  its  embankment  and  on- 
to the  property  of  an  adjoining  owner. 
12   L.R.A.(X.S.)    680. 

Obstruction  of  surface  water  as  element  of 
damages  in  eminent  domain  prpceedings 
for  a  railroad  right  of  way.  13  L.R.A. 
(N.S.)    237. 

When  does  statute  of  limitations  begin  to 
run  against  action  for  damages  for 
flooding  of  land  caused  by  obstructing 
surface  water.  20  L.R.A. (N.S.)  886; 
2c   L.R.A.(N.S.)    645. 

§   64.  Diversion. 

Right  to  divert  in  masses.     21  L.R.A.  59.5. 

§   65.  Acceleration  of  flow. 

Right    to   accelerate   flow.      21    L.R.A.   595. 

Right  to  hasten  flow  of  surface  water  along 
natural  drain  ways.  19  L.R.A. (N.S.) 
167;    L.R.A.1916F,  427. 

Of  flow  of  surface  water,  municipal  lia- 
bility for.     65  L.R.A.  265. 

§    66.   Pollution  of.  ,     , 

Municipal  liability  for  pollution  of  surface 
Avater.     65  L.R.A.  273. 

§   67.  Failure   to  protect  against. 

Failure  to  protect  property  against  surface 
water  wrongfully  or  negligently 
collected  or  diverted  by  another  as 
contributory  negligence.  33  L.R.A. 
(N.S.)  369. 

J.  Flood  water. 

§   6  7a.  Generally. 

As  surface  water.     25  L.R.A.  531. 

§   68.  Right  to  confine. 

Liability  of  municipality  for  confining  flood 
water  within  banks  of  stream  to  injury 
of  riparian  owner.  26  L.R.A. (N.S.) 
199. 

Right  of  riparian  owner,  as  against  other 
riparian  owners,  to  confine  flood  water 
within  banks  of  stream.  24  L.R.A. 
(N.S.)   214. 


1376 


IXDEX  TO  L.R.A.  NOTES. 


WATERS,  11.  j— cont'd 

§   «9.  Liability  for  injury  by. 

Liability   of   one   damming    back    water    of 

stream  for  injury  bv  flood.     59  L.R.A. 

876. 
Extraordinary  floods  which  one  obstructing 

water    course    need    not   anticipate.      6 

L.R.A.  (N.S.)    252. 
Character    of    liability    of    several    persons 

whose    independent    wrongs    contribute 

to  enhance  injury  by  floods.    40  L.R.A. 

(N.S.)    106. 

§   7  0.  Diversion. 

Right  of  riparian  owner  to  prevent  diver- 
sion of  flood  water.  22  L,R.A.(N.S.) 
391. 


Tc.  Seepage. 

§    "1.  Generally. 

When  limitations  begin  to  run  against  ac- 
tion for  damages  bv  seepage  from 
ditch  or  canal.     23   L.R.A. (N.S.)    795. 

Liability  of  municipal  corporation  for  dam- 
age to  abutting  property  by  water  per- 
colating through  soil  of  highway  by 
reason  of  defect  therein.  22  L.R.A. 
(N.S.)    333. 


{.  Percolating;   subterranean;   springs; 
tcells. 


§   72.  Generally. 

Seepage,  see  supra,  §  71. 

Appropriation  of  percolating  waters  on  pub- 
lic lands.  30  L.R.A.  186;  2  L.K.A. 
(N.S.)   76. 

Reasonableness  of  use  of  percolating  water. 
6  L.R„\.(N.S.)   266. 

Constitutionality  of  statutes  to  prevent 
waste  of  subterranean  water.  23  L.R.A. 
(N.S.)    436;    L.R.A.1918B,    134. 

Liability  for  damages  to  neighboring  gas  or 
oil  well  bv  percolation  of  water.  48 
L.R.A.(N.S.)  168. 

Liability  for  causing  discharge  of  perco- 
lating or  underground  water  into  an- 
other's premises.     L.R.A.1915D.  1080. 

Bad  motive  as  afi"ecting  liabilitv  for  in- 
terference with.     62   L.R.A.   688. 

Character  of  water  flowing  underground  in 
a  defined  but  unknown  channel.  2 
B.  R.  C.  991. 

§   7  3.  Rights  in  subterranean  waters. 

Generally.      19   L.R.A,   92. 

Intercepting  water  by  mining  operations. 
]9   L.R.A.   93. 

The  effect  of  malice.     19  L.R.A.  94. 

Prescriptive  rights.     19  L.R.A.  94. 

Intercepting  water  by  public  improvements. 
19  L.R.A.  94. 

Fouling  subterranean  water.     19  L.R.A.  95. 

Subterranean   stream.     19   L.R.A.  97. 

Pr^umption  as  to  character  of  water.  19 
L.R.A.  98. 

Drawing  water  by  percolation  from  a  sur- 
face stream.     19  L.R.A.  98. 

Begin  tcith  this  hook  on  every  laiv  question 


WATERS.  II.  1— confd 

Correlative  rights  in  percolating  water.     10 

L.R.A.   92:    64   L.R.A.   236;    17   L.R.A. 

(N.S.)    650:    23   L.K.A.  (N.S.)    331:    25 

L.R.A.  (N.S.)      465:      37     L.R.A.  (N.S.) 

193;    L.R.A.1915D.   1080. 
Right  of   municipal   corporation  in   respect 

of    percolating    waters.      L.R.A.1917F, 

691. 

§    7  4.  —effect  of  grant  on. 

In  general.     19  L.R.A.  99;  17  L.R.A.(N.S.) 
648. 

§    75.   Obstruction. 

Mandatory  injunction  as  to.    20  L.R.A.  104. 

§    76.  Diversion  of. 

Mandatory    injunction    as    to.      20    L.R.A. 

164. 
Remedv    for    diverting    percolating    water. 

6   L.R.A. (N.S.)    1099. 

§    7  7.  Pollution  of. 

Underground  pollution  of  water.    34  L.R.A. 

(N.S.)   48. 
Fouling  subterranean  water.     19  L.R.A,  95. 

§    7  8.  Springs. 

Right  to  water  of  new  spring.  30  L.R.A. 
(N.S.)    1158. 

§   79.  Wells. 

Right  to  discharge  from,  on  lower  land.  42 
L.R.A.(N.S.)    714. 

Mechanics'  lien  for  sinking.  6  L.R.A^(N.S.) 
550;  43  L.R.A.  (N.S.)   559. 

Construction  of  contract  to  dig  a  well  as  to 
the  quantity  or  qualitv  of  water  fur- 
nished thereby.      L.R.A.1918A,   1085. 

Landlord's  liability  for  injuries  from  de- 
fective condition  of.  4  L.R.A. (^ N.S.) 
1142. 

Right  to  pump  up  water  where  the  result  is 
to  carry  away  another's  mineral  in  so- 
lution.    5  B.  R.  C.  254. 

§   80.  —pollution  of. 

Fouling  of,  by  gas  plant  as  a  nuisance.  20 
L.R.A.(N.S.)  468. 


m.  Lalves  and  ponds. 

§   81.  Generally. 

Jurisdiction  over,  see  supra,  §  5. 

Public  right  of  access  to  ponis.  41  L.R.A. 
269. 

Raising  lakes  and  ponds  bv  damming  back 
water  of  stream.     59  LR.A.  820. 

Draining  ponds.     21  L.R.A.  605. 

Right  to  hasten  flow  of  waler  from  ponds. 
19  L.R.A.(N.S.)   169:  LR.A.1916F.  429. 

Right  to  consider  value  of  p-operty  as  part 
of  natural  water  powei  in  fixing  com- 
pensation for  taking  land  for.  3 
L.R.A.(N.S.)  912. 

Doctrine  of  "attractive  ntisance '  as  ap- 
plied to  ponds.  19  L.RA.(N.S.)  1143; 
47  L.R.A.(N.S.)    1101. 


INDEX  TO  L.R.A.  AOTES. 


1377 


WATERS,  II.  m— cont'd 

§    82.  Rights  In  generally. 

Division  of  rights  between  riparian  owners, 
see  supra,  35. 

Pond  as  an  appurtenance  to  mill.    58  L.R.A. 

489. 
Public   right   of   fishing  in   bays   of   Great 

Lakes.     L.R.A.1918A,  1147. 

§    8:i.  Boundary   on. 

J^kes    as    boiiiHUirics    between    states,    see 
BOUNDARIKS,  §  2a. 

Boundary  on.     51  L.R.A.  179. 

§   84.  Ownership  of  beds  of. 

Division  of  rights  between  riparian  owners, 
see  supra,  35. 

In  general.     18  L.R.A,  695;  42  L.R.A.  175; 

L.R.A.1916C,   150. 
Small    lakes    and    ponds.      18    L.R.A.    695; 

L.R.A.  695;  L.R.A.1916C,  151. 
Great  Lakes.     L.R.A.1916C,  150. 
Derelict  and  accretions.     18  L.R.A.  698. 
Artificial    ponds.      18    L.R.A.    698;    L.R.A. 

191CC,  160. 
Title  to  land  under  lakes.    42  L.R.A.  175. 
Title  to  islands  in  great  ponds.     35  L.R.A. 

(N.S.)   230. 
Ownership     prior    to    changed    conditions. 

L.R.A.1916C,  160. 


§   85.  Fishing  in. 

Right  to  fish  in.     60  L.R.A.  512, 
Tlight  to  free   fishing   in   great   ponds.     31 
L.R.A.(N.S.)   434, 

n.  Appropriation. 
1.  ATI  general, 

§   86,  Generally. 

Periodical  appropriation.     46  L.R.A.  175. 

Appropriation  of  percolating  waters  on  pub- 
lic lands.  30  L.R.A.  186;  21  L.R.A. 
(N.S.)  76. 

Appropriation  of  waste  water  not  in  chan- 
nel.    6  L.R.A.(N.S.)   1104. 

■Correlative  rights  of  upper  and  lower  pro- 
prietors as  to.     41  L.R.A.  743. 

Kight  to  store  appropriated  water.  46 
L.R.A.  322;   17  L.R.A. (N.S.)   329. 

Use  of  natural  stream  to  convey  appro- 
priated water.     51  L.R.A.  930. 

Right  of  appropriator  of  water  to  use  of 
current  of  stream,  41  L.R.A. (N.S.) 
101. 

Right  of  appropriator  to  enter  upon  the 
land  of  an  upper  proprietor  to  clean 
out  ditch.     43  L.R.A.  130. 

Right  of  appropriator  of  water  for  distribu- 
tion to  public  to  grant  exclusive  or 
preferential  rights  to  individual.  29 
L.R.A.(N.S.)   213. 

Care  necessary  to  avoid  waste  in  diverting 
water  from  stream  under  right  of  ap- 
propriation.    15  L.R.A. (N.S.)    238. 

Rights,  as  against  other  appropriators,  of 
one  who  adds  water  to  natural  flow  of 
stream.     23  L.R.A. (N.S.)    1065. 

Liability  for  withdrawing  water  from  reser- 
voir.    62   L.R.A.   579. 

■Consult  also  L.R.A.  Digests  of  Cases,    87 


WATERS,  II.  n,  1— cont'd 
§  87.  Change    of    use    or    channel    of 
water   appropriated. 

Generally.     30  L.R.A.  384, 

Rights  subsequently  vested  cannot  be  in- 
fringed.    30  L.R.A.  386. 

Priority  not  lost  bv  change.     30  L.R.A.  389. 

Right  inay  be  sold".     30  L.R.A.  390. 

Right  to  change  mill  location.  30  L.R.A. 
390. 

§   88.  Tolls  for  appropriated  water. 

State  regulation  of  tolls  for  use  of  appro- 
priated water.     33  L.R.A.  180-182. 

8.  Prior  appropriation. 

§   89.  Generally. 

As  affecting  right  to  pollute  stream  for 
mining  purposes.    24  L.R.A.  66. 

Right  to  complain  of  waste  by  prior  ap- 
propriator.     L.R.A.1916B,    1014. 

§  90.  Right  of  prior  appropriator  of 
water. 

Right  at  common  law.    30  L.R.A.  665. 
Right   under    special    statutes    or    customs. 

30   L.R.A.   668. 
Effect   of   prior   appropriation   on   right  to 

pollute   stream   by   mining   operations. 

22  L.R.A.(N.S.)   281. 
Right  as  between  appropriator  above,  and 

junior  appropriator  below,  mill,  during 

periods  when  water  not  used  by  mill. 

30  L.R.A.(N.S.)   615. 

§  91.  Abandonment  or  loss  of  rights  of 
prior  appropriators. 

Generally.     30  L.R.A.  265. 
Effect  of  nonuser.     30  L.R.A.  265. 
Attempt  to  change  use,     30  L.R.A,  266. 
Abandonment  prevented  by  use,     30  L.R.A, 

267. 
Decisions  under  statutes.    30  L,R,A.  267. 

o.  Irrigation. 

§   92.  Generally. 

Condemnation  of  land  for,  see  Eminent 
Domain,  §  18, 

Incorporation  of  territory  into  municipality 
as  affecting  prior  right  to  maintain  irri- 
gation ditch  in  highway.  47  L.R.A. 
(N.S.)    610. 

Right  of  way  for  irrigation  ditch;  right  of 
fee  owner  to  cross.  3  L,R,A.  (N,S,) 
1148, 

Specific  performance  of  agreement  for  li- 
cense to  maintain  irrigation  ditch.  49 
L,R.A.  520. 

Mandamus  to  enforce  the  right  of  a  stock- 
holder of  a  water  company  to  water. 
24  L.R.A.(N.S.)   372. 

Municipal  liability  for  negligence  in  main- 
tenance of  irrigation  ditches  in  con- 
nection with  water  works.  25  L.R.A. 
(N.S.)    243. 


§  98.  Taking  property  for. 

See  Eminent  Domain,  §  18. 


1378 


INDEX  TO  L.R.A.  NOTES. 


WATERS,  II.  o — cont'd 

§  94.  Contract  to  furnish  water  for. 

Construction  of  irrigation  contracts  with 
consumers.     L.R.A.1916F,  257. 

Right  of  stockholder  in  mutual  irrigation 
company  to  maintain  action  against  the 
company  for  negligent  failure  to  fur- 
nish water.     L.R.A.1915D,  292. 

Measure  of  damages  for  breach  of  contract 
to  furnish  water  for  irrigation.  19 
LJtA.{N.S.)  938;  31  L.R.A.(N.S.) 
743. 

§  95.  Right  to  use  or  divert  water  for. 

Correlative  rights  of  upper  and  lower  pro- 
prietors to  use  water  for  irrigation. 
41  L.R.A.  741. 

Right  to  divert  water  from  stream  for  ir- 
rigation  purposes.     41  L.R.A.   741. 

Right  to  divert  water  from  nontidal  stream 
for  irrigation  purposes  without  com- 
pensation to  riparian  owner.  37  L.R.A. 
(N.S.)   311. 

§  9  6.  Transfer  of  right  to  use  water 
for  irrigation. 

Of    right    acquired    by    appropriation.      65 

L.R.A.  407. 
Of  right  in  ditch.     65  L.R.A.  409. 
May  pass  by  conveyance  of  kind.     65  L.R.A. 

409. 
Method  of  transfer.    65  L.R.A.  412. 

§   9  7.  Rates. 

State  regulation  of  rates  of  irrigation  com- 
pany. 12  L.R.A.(N.S.)  711;  L.R.A. 
1915D,  1205. 

Business  of  supplying  water  for  irrigation 
as  affected  with  a  public  interest  au- 
thorizing regulation  and  control  as  to 
rates  and  prices.     6  L.R.A.(N.S.)   834. 

Power  of  judiciary  to  fix  rates  to  be  charged 
for  water  for  irrigation  purposes.  8 
L.R.A.(N.S.)    529. 

Construction  of  provisions  as  to  water 
■  rentals  and  other  charges  in  irrigation 
contract.     L.R.A.1916F,  269. 


p.  Contract  or  grant. 

Generally. 

of  grant  on  percolating  waters,  see 


§   98, 

Effect 

supra,  §  74 

Contract  to  furnish  water  for  irrigation, 
see  supra,  §  94, 

Transfer  of  right  to  use  water  for  irriga- 
tion, see  supra,  §  96. 

Contract  for  public  supply,  see  infra,  §  111. 

Reservation  and  exceptions  in  deed  as  to 
water  rights,  see  Deeds,  §  25. 

Constitutionality    of    statutes    as    to,    see 

COKSTITUTIONAL   LaW,   §    174. 

Mandamus  against  water  company,  see 
Mandamus,  §  14. 

Personal  liability  of  purchaser  of  land  on 
contract  under  which  it  is  supplied 
with  water.    39  L.R.A.(N.S.)  798. 

Effect  of  division  of  tract  with  visible  servi- 
tude in  favor  of  one  parcel  upon  an- 
other. 6  L.R.A. (N.S.)  410;  26  L.R.A. 
(N.S.)  356;  L.R.A.1915C,  351. 

Begin  with  this  booTc  on  every  law  question. 


58  L.R.A.  489. 
L.R.A.  490. 
58  L.R.A.  490. 
58  L.R.A.  491. 


WATERS,  II.  p— cont'd 

Of  right  to  dam  back  water  of  stream.     59- 

L.R.A.  829. 
Establishing  artificial  condition  of  body  of 

water  by.     50  L.R.A.  837. 
Of  right  of  way  on  share.     4  L.R.A.  (N.S.) 

881. 
Change   in   exercising  right  to   take   water 

from    another's    premises.      43    L.R.A.. 

(N.S.)   824. 

§   99.  Grant  of  water  power. 

Form;  estate  created.     67  L.R.A.  369. 

Successive  and  conflicting  grants.  67  T^R,  A. 
372. 

What  rights  conveyed.     67  L.R.A.  376. 

Limitation  of  rights.     67  L.R.A.  390. 

Protecting  rights.     67  L.R.A.  397. 

Measurement.     67  L.R.A.  399. 

Loss  of  rights.     67  L.R.A.  400. 

Compensation.     67  L.R.A.  401. 

Covenants.     07  L.R.A.  401. 

Grant  of  water  power  without  a  definite- 
grant  of  necessary  ground  to  utilise  it^ 
L.R.A.1916A,  508. 

§  100.  How  far  grant  of  mill  includes 
water  rights. 

Generally.     58  L.R.A.  487. 

Effect    of    mentioning    appurtenances.      58- 

L.R.A.  487. 
Pond  an  appurtenance. 
Storage  reservoir.     58 
What  is  appurtenant. 
Limitation  upon  grant. 
Estate  granted.     58  L.R.A.  493. 
Grant    for    particular    purpose.     58    L.R.A^ 

493. 
Liability  for  detracting  from  grant.        58- 

L.RJ^.  493. 

q.  Prescriptive  rights. 

§   101.  Generally. 

Prescriptive  right  of  way  on  shore.  4  L.R.A. 

(N.S.)    880. 
Prescriptive    right   to    take    oysters.         60 

L.R.A.  521. 
Prescriptive  rights  as   to  fishing.    60  L.R.A. 

496. 
Prescriptive    right   to    establish    ferry.     59 

L.R.A.  515. 
Prescriptive   right  to   erect  wharves.        40- 

L.R.A.  641. 
Prescriptive  rights  in  artificial  condition  of 

body  of  water.     50  L.R.A.  839. 
By   use   of   underground    water   pipes.        2 

L.R.A.(N.S.)    976. 
Of     municipality     to     drain     sewage     into 

waters.     48   L.R.A.   705. 
Prescriptive  right  to  maintain  nuisance  re- 
lating to  waterways.     53  L.R.A.  903. 
Equalization  by  prescription  of  title  to  land 

for  purposes  of  canal.     61  L.R.A.  877. 

§    102.  Obstructions;   overflow. 

Prescriptive   right   to   obstruct.     53   L.R.A. 

895,  903;  59  L.R.A.  79. 
Prescriptive    right    to    dam    back    water    of 

stream.     59  L.R.A.  838. 


INDEX  TO  L.R.A.  NOTES. 


1379 


WATERS,  II.  q— cont'd 
§    103.  Pollution. 

Prescriptive  right  to  pollute  generally.  53 
L.R.A.  895,  003;  L.R.A.1918E,  956. 

Prescriptive  right  to  pollute  stream  by 
mining  operations.  22  L.R.A.  (N.S.) 
281. 

Prescriptive  right  of  municipality  or  indi- 
vidual to  pollute  stream  with  sewage  or 
other  harmful  substance.  25  L.R.A. 
(N.S.)    589;   47  L.R.A.(N.S.)    137. 

Prescriptive  right  to  protection  from  pollu- 
tion of  source  of  municipal  water  sup- 
ply.    11  L.R.A.(N.S.)    1165. 

§   104.  In  subterranean  water. 

Prescriptive  rights  in  subterranean  water. 
19  L.R.A.  94. 

§   105.  As  to  surface  waters. 

Prescriptive  riglit  to  flow  of  surface  water. 
21  L.R.A.  607. 


JII.  Public  water  supply, 
a.  In  general. 

§    106.  Generally. 

For  irrigation,  see  supra,  §§  92-97. 

Damages  for  taking  of  water  plant  in  con- 
demnation proceedings,  see  Damages, 
§  82. 

Ownership  of  plant  by  city,  see  Munici- 
pal Corporations,  §  70. 

Valuation  of  property  of  water  company, 
see  Public  Service  Corporations,  |  5. 

Estimating  return  of  water  company,  see 
Public  Service  Corporations,  §  6. 

Taxation  of  waterworks  plant,  see  Taxes, 
§§   29,  32. 

Water  in  pipes  as  subject  of  larceny. 
L.R.A.1918C,  580. 

Right  of  water  company  to  challenge  powers 
or  privileges  of  rival.  L.R.A.1916B, 
1087. 

Duty  to  serve  public  as  affecting  liability 
of  public  utility  for  temporary  inter- 
ference with  water  rights.  L.R.A. 
,1915E,  294. 

Waterworks  as  appurtenance.  15  L.R.A. 
653. 

Correlative  rights  of  upper  and  lower  pro- 
prietors as  to  use  of  water  for.  41 
L.R.A.  740. 

Right  of  taxpayer,  in  absence  of  statute, 
to  enjoin  issuance  or  payment  of 
water  bonds.     36  L.R.A. (N.S.)   6. 

§   107.  Acquisition  of. 

Condemnation  of  land  for  water  supply,  see 
Eminent  Domain,  §  ]6. 

Right  to  divert  water  from  nontidal  stream 
for  water  supply  purposes  without 
compensation  to  owner.  37  L.R.A. 
(N.S.)    312. 

Right  of  municipal  corporation  as  to  use 
of  percolating  waters  for  water  supply. 
L.R.A.1917r,    691. 

Consult  also  L.R.A.  Vifjcsts  of  Cases. 


WATERS,  III.  a— cont'd 

§    108.  Exclusive  privilege. 

Exclusivcness    of    franchise    of    water    com- 
pany.    61  L.R.A.  80. 
Right    of    municipality    to    establish    water 
plant  in  competition  witli  comi)any 
to  wliich  it  has  granted  a  francliise. 
L.R.A.1915C,  439. 
Right  of  appropriator  of  water  for  distri- 
bution to  the  public,  to  grant  exclusive 
or    preferential    rights    to    individual. 
29  L.R.A.{N.S.)  213. 

b.  Operation  and  regulation  of  water- 
tvorTcs. 

§    109.  Generally. 

Municipal  waterworks  plant,  see  Munici- 
pal Corporations,  §  70. 

Municipal  liability  in  connection  with 
waterworks  plant,  see  Municipal  Cor- 
porations, §§  93,  94. 

Right  of  consumer  to  sue  water  company, 
see  Parties,  §  13. 

Municipal  liability  for  hydrants  and  other 
appliances  pertaining  to  municipal 
waterworks.     20   L.R.A.(N.S.)    620. 

Right  of  water  company  to  require  custo- 
mer to  keep  service  pipe  in  repair.  32 
L.R.A.(N.S.)  229;  43  L.R.A.  (N.S.) 
144. 

Right  of  water  company  to  refuse  to  deal 
witli  tenant.     33  L.R.A. (N.S.I    1015. 

Liability  of  landlord  as  to  water  pipes  and 
water  supply  on  leased  premises.  23 
L.R.A.  160. 

Liability  of  landlord  to  tenant  for  damage 
by  water  caused  by  defective  plumbing 
or  bursting  of  pipes.  L.R.A. 1917B, 
225,  236,  244. 

Mechanic's  lien  for  water  connections  in 
street.     42   L.R.A. (N.S.)    356. 

§  110.  Establishment  and  regulatiort 
of  municipal  water  supply. 

As  to  regulation  of  public  service  corpora- 
tions generally,  see  Public  Service 
Corporations. 

Powfr  to  procure  or  furnish.     61  L.R.A.  34. 
Purchase    or   construction    of    plant.      61 

L.R.A.  44. 
Liability      for      injuries.      61     L.R.A.     58; 

23   L.R.A. (N.S.)    204. 
Contract  for  water.     61  L.R.A.  61. 
Rights  of  taxpayer.     61  L.R.A.  75. 
Use  of  highways.     61  L.R.A.  76. 
Rights  and  duties  of  water  company.       61 

L.R.A.  80. 
Rights  and  duties  of  consumer.     61  L.R.A. 

107. 
Rights   and    duties    of   municipality.  61 

L.R.A.  116. 

§    111.  Contracts. 

Contracts    for    public    water    supply.         61 

L.R.A.  61. 
Effect    of    contract    on    rates    charged    for 

water.     61  L.R.A.  J  02. 
Period  that  may  be  covered  by  contract  for 

water  supply.     16  L.R.A.'  258. 


1380 


INDEX  TO  L.R.A.  NOTES. 


WATERS,  III.  b— cont'd 

Power  of  board  to  make  contract  for  water 
supply  extending  beyond  its  own 
term.     29  L.R.A.  (N.S.)   653. 

Right  to  enforce  by  mandamus  duty  of 
water  company  arising  whoUv  from 
contract.     13  L.R.A. (N.S.)    1084. 

Duty  under  contract  with  consumer  to  sup- 
ply water  for  extinguishment  of  fire. 
36  L.R.A.(N.S.)   1045. 

What  are  city  or  public  purposes  within 
contract  requiring  water  company  to 
furnish  water  for  such  purposes.  43 
L.R.A.{N.S.)  439. 

§    112.  Water  mains. 

\\'at«r  pipes  in  street,  see  Highways,  §  23. 

Laying  water  mains  at  expense  of  abutting 
property.     3  L.R.A.(N.S.)  817. 

Right  to  compel  consumer  to  pay  for  the 
connection  with  water  mains.  24 
L.R.A.(N.S.)   485;  L.R.A.1915A,  246. 

Permitting  abutting  owners  to  make  water 
connection  in  street.  19  L.R.A. (N.S.) 
512. 

Prescriptive  right  by  use  of  underground 
water  pipes.     2  L.R.A. (N.S.)  976. 

Duty  and  right  of  municipality  to  reim- 
burse water  company  for  expenses  en- 
tailed in  respect  to  water  pipes.  6 
L.R.A.(N.S.)   1027. 

Defects  in  work  as  defense  to  assessment 
for.     56  L.R.A.  922. 

Liability  for  damage  to  service  mains  by 
excavating  in  street.  L,R.A.1917E, 
1094. 

§  113.  Pollution  of;  filtration;  quan- 
tity and  quality. 

Protection  from  pollution  of  source  .  of 
municipal  water  supply.  11  L.R.A. 
(N.S.)  1163;  L.R.A.1918E,  954. 

Power  of  state  or  health  authorities  to  for- 
bid the  use  of  a  polluted  water  supply. 
23  L.R.A. (N.S.)   766. 

Power  of  legislature  to  forbid  pollution  of 
stream  from  which  municipal  water 
supply  is  taken.     7   L.R.A.(N.S.)    321. 

Duty  of  water  supply  companv  to  filter  wa- 
ter.    24  L.R.A. (N.S.)    304. 

Dutv  of  water  company  as  to  quantity  and 
'quality  of  water.     61  L.R.A.  87. 

§   114.  Duty  to  furnish. 

Right  to  discontinue  service  to  compel  pay- 
ment of  bill,  see  infra,  §  117. 

Duty  to  furnish  at  proper  rates,  see  infra, 
§  122. 

Compulsorv  service  in  case  of.  15  L.R.A. 
322. 

Duty  of  water  companv  as  to  furnishing 
water.     61  L.R.A.  87. 

Right  to  compel  water  company  to  furnish 
general  supply  while  municipal  corpo- 
ration is  in  default  in  paying  hydrant 
rentals.     34  L.RA.(N.S.)   196. 

May  water  company  be  required  to  furnish 
water  for  power  or  manufacturing  pur- 
poses.    32  L.R.A. (N.S.)  305, 


WATERS,  III.  b— cont'd 

Right  of  stockholder  in  mutual  irrigation 
company  to  maintain  action  against 
the  companv  for  negligent  failure  to 
furnish  water.     L.R.A.1915D,  292. 

What  are  city  or  public  purposes  within 
contract  requiring  water  company  to 
furnish  water  for  such  purposes.  43 
L.R.A. (N.S.)    439. 

Duty  of  water  company  or  municipality 
supplying  water  to  extend  the  service 
to  all  applicants  willing  to  comply  with 
its  regulations.     47  L.R.A.(N.S.)    655. 

Right  or  duty  of  municipal  corporation  to 
supply  nonresident  with  water.  34 
L.R.A*.(N.S.)   542. 

§  115.  —liability  for  shutting  off 
water. 

Shutting  off  to  enforce  payment,  see  infra, 
§  117. 

Liability  for  damages  caused  by  shutting  off 
water  from  premises.  21  L.R.A. (N.S.) 
468. 

Loss  of  profits  as  element  of  damages  for 
cutting  off  supply  of  water  from  prem- 
ises.    22  L.R.A.  (N.S.)   588. 

§   116.  Enforcing  payment  for. 

Lack  of,  or  invalidity  of  franchise  as  defense 
to  action  for  water  rents.  52  L.R.A. 
(N.S.)    713.  V 

Enforcement  of  payment  for  water  61 
L.R.A.  114. 

Compelling  property  owner  to  pay  for  water 
furnished  to  former  occupant  of  prem- 
ises.    1  L.R.A. (N.S.)    771. 

Validity  of  statute  or  ordinance  making 
property  or  property  owner  liable  for 
water  furnished  tenant.  6  L.R.A. 
(N.S.)    198;    L.R.A.1918D,  364. 

Reasonableness  of  regulations  requiring 
nayment  of  water  rentals  in  advance. 
19  L.R.A.(N.S.)  693;  31  L.R.A.(N.S.) 
319. 

Right  of  water  company  to  impose  penalty 
for  failure  to  pav  service  bills  prompt- 
ly. 31  L.R.A. (N.S.)  329;  43  L.R.A. 
(N.S.)  63. 

§   117.  — by  discontinuing  service. 

Discontinuing  service  to  compel  payment  of 
water  bills.  31  L.R.A.(N.S.)  301;  40 
L.R.A.(N.S.)    263. 

Right  to  shut  off  water  from  whole  build- 
ing because  of  one  tenant's  delinquency. 
61  L.R.A.  33;  39  L.R.A. (N.S.)   814. 

Right  to  discontinue  service  after  tender 
of  amount  due.    L.R.A.1917C,  376. 

§    118.  liiability  of  water  company. 

For  shutting  off  supply,  see  supra,  §  115. 

Municipal  liability  for  damages  in  connec- 
tion with  plant,  see  Municipai.  Cob- 
POBATIONS,  §§  93,  94. 

Injunction  by  municipality  against  water 
company  for  maintaining  nuisance.  42 
L.R.A.  821. 


Begin  tvith  this  booJc  on  every  laiv  question. 


INDEX  TO  L.R.A.  NOTES. 


1381 


WATERS,  III.  l^cont'd 

Liability  of  water  company  in  tort  for  loss 
to  one  sustaining  no  contract  relation 
with  it,  by  its  failure  to  comply  with 
its  contract  with  the  'municipality.  6 
L.R.A.(N.S.)  1171;  21  L.R.A.(N.S.) 
1021. 

§   119.  —for  loss  by  fire. 

Municipal  liability,  see  Municipal  Cob- 
PORATIONS,  §  94. 

Liability  of  water  company  for  destruction 
of  property  of  municipality  by  fire  in 
consequence  of  failure  to  maintain 
sufficient  pressure.  30  L.R.A.  (N.S.) 
526. 

Dutj'  of  municipality  or  water  company 
under  its  contract  with  consumer  to 
supply  water  for  extinguishment  of 
fires.'  23  L.R.A.  146;  36  L.R.A.(N.S.) 
1045;  52  L.R.A. (N.S.)   402. 

Liability  of  water  company  in  tort  for  loss 
to  one  sustaining  no  contract  relation 
with  it  by  its  failure  to  comply  with 
contract  with  municipality.  6  L.R.A. 
(N.S.)   1171;  21  L.R.A.(N.S.)   1021. 

§   120.  Rates. 

For  irrigation,  see  supra,  §  97. 

Rights  and  duties  of  municipality  as  to 
rates  for  Avater.     61  L.R.A.  118. 

Water  rates  as  taxes.     21  L.R.A.  519. 

Collection  of  rates  for  water.  61  L.R.A.  109. 

Incorporation  of  territory  into  municipality 
as  affecting  existing  contract  as  to  rates 
in  that  territory.    L.R.A.1916A,  1071. 

§   121.  —  regulation  and  fixing  of. 

Valuation  of  property  for  purpose  of  fix- 
ing rates,  generally,  see  Public  Sebv- 
ICE  Corporations,  §  5. 

Estimating  return  of  company,  for  rate- 
making  purposes,  see  Public  Service 
Corporations,  §  6. 

Control  of  rates  of  water  company.  33 
L.R.A.  181;  61  L.R.A.  99. 

Power  of  municipality  apart  from  contract 
to  regulate  rates  to  be  charged  by 
water  company.  33  L.R.A. (N.S.)  759*; 
43  L,R.A.(N.S.)  994. 

Power  of  judiciary  to  fix  rates.  8  L.R.A. 
(N.S.)    529. 

Allowance  for  depreciation  in  plant  in  fix- 
ing rates.     38  L.R.A. (N.S.)   1209. 

Effect  of  contract  with  patron  to  preclude 
regulation  of  rates.     L.R.A.1915C,  282. 

Right  to  raise  rates  of  public  service  corpo- 
ration fixed  by  franchise.  L.R.A.1915C, 
287. 

Right  to  reduce  rates  fixed  by  franchise  or 
charter.     L;R.A.1915C,  261. 

§  122.  — duty  to  furnish  water  at 
proper  I'ates:  discrimination. 

Discrimination    in    rates.    61    L.R.A.    113; 

27     L.R.A.(N.S.)      674;     L.R.A.1915D, 

1086. 
Consult  also  L.R.A.  Digests  of  Cases, 


WATERS,  III.  b— cont'd 

Right  of  light  or  water  company  whose 
rates  are  fixed  by  public  authorities  to 
establish  a  minimum  charge.  26  L.R.A. 
(N.S.)   1109. 

Mandamus  to  compel  water  company  to  suji- 
plv  individual  applicant  with  water  at 
reasonable  rates.     1    L.R.A.(N.S.)    963. 

Consiuner's  right  to  coniipel  water  company 
to  respect  rates  stipulated  in  contract 
with  municipality.  1  L.R.A.  (N.S.) 
958;  L.R.A.1915D,  917. 

Power  of  municipality  operating  plant  to 
make  a  special  rate  to  a  particular  com- 
pany or  person.    L.R.A.1916D,  996. 

Giving  of  free  service  or  reduced  rates  to 
governmental  agencies,  cities,  schools, 
charities,  and  the  like  as  an  unlawful 
discrimination.     L.R.A.1918D,  904. 

What  are  dwellings  within  the  meaning  of 
a  water  company's  obligation  to  supply 
water  at  prescribed  rates  for  dwellings. 
11  L.R.A.(N.S.)   613. 

§   12  3.  — recovery  back  of  overcharge. 

Recovery  back  of  overcharges  for  water.  18 
L.R.A.(N.S.)   124. 

§   124.  Meters. 

Metering  water  furnished  municipality.  61 
L.R.A.  112. 

Right  of  municipal  corporation  to  require 
use  of  water  meters  and  impose  ex- 
pense of  same  on  consumers.  23  L.R.A. 
(N.S.)    410;   L.R.A.1915A,  320. 

Duty  toward  one  entering  premises  to  read 
water  meter.     31  L.R.A. (N.S.)   381. 


WATERSPOUT. 


Injury  by,  to  employee  on  top  of  train.    47 
L.R.A.(N.S.)   498. 


WATER  WAYS. 


In  general,  see  Waters. 

Doctrine  of  "attractive  nuisance"  as  ap- 
plied to  water  ways.  19  L.R.A. (N.S.) 
1143;  47  L.R.A.(N.S.)   1101. 

Right  to,  as  way  of  necessity,  where  other 
possible  modes  of  access  exist.  17 
L.R.A.(N.S.)    1023. 


WATERWORKS. 


Taxation  of,  see  Taxes,  §§  29,  32. 
As    to   public   water   supply,    see   Wathbs, 
IIL 


VTAUKESHA  CREAM  AI.E. 

Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.  (N.S.)  316. 


1382 


INDEX  TO  L.R.A.  NOTES. 


WAX  CYLINDERS. 

As  infringement  of  copyright  of  sheet  mu- 
sic.    2  B.  R.  C.  91. 


WAY. 

Way  of  necessity,  see  Easements,  §  14. 
Private    ways,    see    Easements;    Private 

Roads. 
Railway,  see  Raileoads. 
Railroad  right  of  way,  see  Raileoads,  §  15. 
Street  railway,  see  Street  Railways. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for  construction  and 
repair  of.     53  L.R.A.  49. 


WAYBILLS. 


Loss  or  damage  from  default  as  to  way- 
billing  due  to  initial  carrier's  own  neg- 
ligence    or     breach     of     contract.     31 

L.R.A.  (N.S.)   88. 


WAY  OF  NECESSITY. 

See  Easements,  §  14. 

♦-»♦ • 

WAY  STATION. 

What  is,  within  meaning  of  fence  laws.     7 
L.R.A.(N.S.)  207. 


WEAPONS. 


WEAPONS— con'td 

Criminal  responsibility  of  one  who  aids  an- 
other in  assault  in  which  the  latter 
without  his  knowledge  or  consent  uses 
a  deadly  weapon.  23  L.R.A.  (N.S.) 
273. 

Presumption  as  to  malice  aforethought  in 
homicide  arising  from  use  of  deadly 
weapon.     38  L.R.A. (N.S.)    1081. 


WEARING  APPAREL. 


26 


Location  of,  as  affecting  insurance  on 

L.R.A.  239. 
Measure  of  damages  for  loss  or  conversion 

of  or  injury  to.     L.R.A.1917D,  495. 
As  a   family   expense   or  necessary   within 

statute  rendering  wife  or  her  property 

liable  therefor.     L.R.A.1917F,  862. 


WEATHER. 


§   1.  Generally. 

Carrying  of,  see  Carrying  Weapons. 
Firearms,  see  Firearms. 

Admissibility  of  opinion  evidence  as  to  kind 
or  nature  of  weapon  with  which  wound 
or  other  external  injury  was  inflicted. 
L.R.A.1915B,  1143. 

Necessity  and  sufficiency  of  description  of 
offense  of  carrying  arms  in  bail  bond 
or  recognizance.     38  L.R.A. (N.S.)    322. 

§  2.  Homicide  or  assault  while  using. 

Homicide  while  using  dangerous  weapons. 

63  L.R.A.  387. 
Homicide    in    commission    of    misdemeanor 

with    dangerous    weapon.      45    L.R.A. 

(N.S.)   219. 
What  weapons  may  be  considered  deadly  un- 
der law  of  homicide  and  assault.       21 

L.R.A.  (N.S.)    497. 
Right   to   use    deadly   weapon    in   resisting 

trespass.     22   L.R.A.(N.S.)    724. 
Use  of  deadly  weapons,  as  affecting  degree 

of    homicide    in    heat    of    passion.        5 

L.R.A. (N.S.)   823. 
Begin  tvith  this  hoolc  on  every  laic  question. 


Recovery  under  Workmen's  Compensation 
Act  for  injuries  caused  bv  weather  con- 
ditions.    L.R.A.1918F,   936. 

Weather  conditions  as  an  independent  in- 
tervening efScient  cause.  20  L.R.A. 
(N.S.)   92. 

Carrier's  liability  for  injury  to  live  stock 
by  weather  conditions.  34  L.R.A. 
(N.S.)   1013. 

State  of,  as  affecting  amount  of  damages 
for  carrying  passenger  beyond  desti- 
nation.     17    L.R.A. (N.S.)    1228. 

Effect  of  weather  conditions  on  question  of 
negligence  in  running  train  at  speed 
preventing  stoppage  within  distance 
disclosed  by  headlight.  39  L.R.A. 
(N.S.)    980. 

of  party  wall  as  protection  against 
weather  as  rendering  adjoining  o  vner 
liable  to  contribute  to  cost.  6  B.  R.  C. 
455. 


Use 


WEBB-KENYON  ACT. 

Constitutionality,  construction  and  effect  of. 
.  L.R.A.1916C,  299;  L.R.A.19I7B,  1229; 
L.R.A.1918B,  455. 

Effect  of,  on  previously  enacted  state  stat- 
utes.   48  L.R.A. (N.S.)   S.^O. 

Effect  of,  upon  duty,  of  carrier  to  accept 
liquor  for  transportation  to  points 
where  its  sale  is  prohibited  or  restrict- 
ed.   45  L.R.A.(N.S.)  120. 


WEDDING. 


Husband's  right  of  action  for  mental  suffer- 
ing from  loss  of  baggage  of  intended 
bride,  causing  postponement  of.  3 
L.R.A.(N.S.)   225. 


INDEX  TO  L.R.A.  NOTES. 


1383 


WEEDS. 

Hemoval  of,  from  highways,  see  Highways, 
§  56. 

Validity  and  construction  of  statute  in  re- 
lation to.     43  L.R.A.(N.S.)    1090. 

Liability  for  permitting  spread  of,  to  ad- 
joining property.     52  L.R.A.  293. 

Warranty  of  freedom  from  noxious  weed 
seeds  on  sale  of  seeds.  37  L.R.A. 
(N.S.)    82;    L.R.A.1916C,   1013. 

Measure  of  damages  for  allowing  land  to  be- 
come infested  with.  12  L.R.A.  (N.S.) 
88. 

Measure  of  damages  where  seed  sold  con- 
tains noxious  seed.  37  L.R.A. (N.S.) 
88. 


WEEVIIi. 

Liability    of    warehouseman    for    injury   to 
agricultural    products    by    weevil.      26 

L.R.A.(N.S.)    1114. 


WEIGHTS  AND  MEASURES. 

Constitutionality  of  statutes  as  to  weight, 
see  Constitutional  Law,  §  176. 

Hight  of  witness  to  express  opinion  as  to 
weight.     L.R.A.1918A,  712. 

Knowledge  or  intent  as  element  of  offense 
of  using  or  giving  false  weight  or 
measure.      L.R.A.1917D,    1129. 

Validity  of  statute  or  ordinance  regulating 
weight  of  loads  drawn  in  city  streets. 
31  L.R.A. (N.S.)   685. 

Validity  of  sale  bv  false  weights  and  meas- 
ures.    12  L.R'.A.(N.S.)    599. 

Power  of  municipality  to  regulate  use  of 
scales  by  merchants.  23  L.R.A. (N.S.) 
266. 

Necessity  of  weighing  or  measuring  goods 
sold  out  of  a  larger  lot.  26  L.R.A. 
(N.S.)    17. 

Admissibility  of  memoranda  on  check  stubs 
as  memoranda  of  weight.  42  L.R.A. 
(N.S.)   729. 

Power  to  prescribe  the  manner  or  method 
of  determining  quantity  or  amount,  of 
commodity.     L.R.A.1916E,   379. 

Validity  of  regulation  as  to  weight  of  bread. 
44  L.R.A. (N.S.)    632. 

Validity  of  statute  or  ordinance  for  the 
settlement  of  weights  as  between  buyer 
and  seller  by  public  weigher.  51 
L.R.A. (N.S.)    731. 

Constitutionalily  of  statute  which  makes 
shipper's  statement  as  to  weight  con- 
clusive.    L.R.A.1917E,   1022. 


WELL. 

Oil  and  gas  wells,  see  Mines,  §§  33-38. 
In  general,  see  Waters,  §§  79;  80. 
■Consult  also  L.B.A.  Digests  of  Cases. 


WELL— cont'd 

Mechanics'  lien  for  sinking.    6  L.R.A. (N.S.) 
550;  43  L.R.A. (N.S.)   559. 


WET. 

Carrier's  liability  for  injury  bv  goods  be- 
coming wet.     39   L.R.A.  (N.S.)    645. 

Recovery  under  Workmen's  Compensation 
Act  for  injury  caused  by  wetting. 
L.R.A.1918F,  872. 


WHALES. 

Mode   of    exercising   right   to   catch.        60 
L.R.A.  511. 


WHARFAGE. 

See  Whabves,  §§  10,  11. 


WHARFINGER. 


42 


Claim    against   state   for    services   by. 

L.R.A.  55. 
Rights    of    vendee    of,    to    support   title    as 

against  owner.     25  L.R.A.(N.S.)  781. 
Liability  for  safety  of  wharf  or  dock  where 

wharfinger     assigns     berth.     61  L.R.A. 

948. 


WHARVES. 


§   1.  Generally. 

Right  to  compensation  for  obstruction  or 
destruction  of  wharf  rights,  see  Emi- 
nent Domain,  §  53. 

License  to  use,  see  License,  §  45. 

Delegation  of  municipal  power  as  to.  20 
L.R.A.  726. 

Admiralty  jurisdiction  of  wharfage  con- 
tract.    66    L.R.A.    233. 

Establishment  of  dock  line.     14  L.R.A.  498. 

Effect  of  construction  by  abutting  owner  of 
wharf  on  street.    16  L.R.A. (N.S.)  506. 

Obstruction  to  navigation  as  a  special  in- 
jury to  wharf  right.     59  L.R.A.  84. 

Right  of  wharfage  separated  from  upland. 
40  L.R.A.  393. 

Right  of  state  to  grant  tide  land  so  as  to 
destroy  wharfage  right  of  shore  owner. 
63  L.R.A.  264. 

Rights  of  vendee  of  wharfinger  to  assert 
title  as  against  owner.  25  L.R.A. 
(N.S.)   781. 

Division  of  water  front  in  absence  of  special 
agreement  between  adjoining  owners. 
25  L.R.A.(N.S.)  259. 

Duty  of  municipality  as  to  municipal 
wharves  before  thev  are  thrown  open 
to  the  public.     18  L.R.A. (N.S.)   595. 

As  real  property  for  purposes  of  taxation. 
15  L.R.A.  298. 


1384 


INDEX  TO  L.R.A.  NOTES. 


WHARVES— cont'd 

Docks  and  wharves  on  railroad  right  of  way 

as  separate  subjects  of  taxation.   L.R.A. 

1916E,  416. 
Wharf    or    dock    as    fixture.     L.R.A.1916A, 

964. 
What  constitutes  a  wharf  within  meaning 

of  workmen's  compensation  act.    L.R.A. 

1916A,  20.3. 
Permissive    user    which    will    constitute    a 

dedication    of    a    wharf    or    a    landing 

place.    48  L.R.A.(N.S.)  469. 

§  2.  Grant,  taking    or  use  of  land  for. 

Grant  of  tide  lands  to  municipality  for.  3 
L.R.A.(N.S.)    822. 

Right  to  erect  wharves  under  grant.  40 
L.R.A.  640. 

Taking  of  land  for,  as  a  public  purpose.  22 
L.R.A.(N.S.)   135. 

Use  of  property  for,  as  violation  of  restrict- 
ive covenants  against  use  for  purpose 
offensive  or  detrimental  to  neighbor- 
hood.    9  L.R.A.(N.S.)    1039. 

Use  of  railroad  right  of  way  for  purposes 
of,  as  against  owner  of  fee.  36  L.R.A. 
fN.S.)   520. 

§   3.  Right  to  erect  and  maintain. 

The  rule  in  England.     40  L.R.A.  63.5. 
The  rule  in  this  country.     40  L.R.A.  637. 
Cases  recognizing  the  right  of  the  riparian 

owner.     40  L.R.A.  637. 
Rule    where    title    extends    to    thread    of 

ptreara.     40  L.RjV.  638. 
Effect  of  custom.     40  L.R.A.  638. 
Statutory  right.     40  L.R.A.  638. 
Rights   as   against  individuals.     40   L.R.A. 

639. 
Right   under  grant  or   license.     40   L.R.A. 

640. 
To  low-water  mark.     40  L.R.A.  641. 
Prescriptive  right.     40  L.R.A.  641. 
The  Federal  cases.     40  L.R.A.   641. 
Cases  denying  the  right  to  build  wharves. 

40  L.R.A.  642. 
Cases  absolutely  denying-  right.     40  L.R.A. 

643. 
Statutory  restrictions.     40  L.R.A.  643. 
Wharf  beneficial.     40  L.R.A.  643. 
Regulation  of  right.     40  L.R.A.  644. 
Harbor  lines.     40  L.R.A.  644. 
Right    of    municipal    corporation    to    build 

wharf.     40  L.R.A.  645. 
Right  of  city  to  regulate  wharf.    40  L.R.A. 

646. 
Right  of  New  York  city.     40  L.R.A.  646. 
Abatement  of  wharf.     40  L.R.A.  646. 
Effect  of  street  along  shore.     40  L.R.A.  646. 
Private  contracts.     40  L.R.A.  647. 
Direction   of   wharf.     40   L.R.A.   647. 
Rights  of  state  and  general  government.  40 

L.R.A.  647. 
Effect   of    constructing   wharf    in    front   of 
0  private  property.     40  L.R.A.  647. 

Right  in  wharf  which  has  been  erected.  40 

L.R.A.  647. 
Log  pier.     40  L.R.A.  648. 
Ejectment  for  pier.     40  L.R.A.  648. 


Begin  tvith  this  hooTc  on  every  law  question. 


WHARVES— cont'd 

§   4.  Costs  of  improvement  for. 

Power  to  assess  cost   of   improvements   for 

wharf     purposes     on     fee     ownera.       5 

L.R.A.  (N.S.)   289. 

§   5.  Obstruction  of  wliarf  rights. 

Right  to  obstruct  or  destroy  wharf  rights 
in  navigable  waters  for  public  purposes 
without  compensation.  34  L.R.A. 
(N.S.)    423. 

§   6.  As  obstruction  to  navigation. 

Piers    as    obstruction    to   navigation.        59 
L.R.A.  68. 

§  7.  Liability  for  safety  of  wharf  or 
doclc. 

General  rule  of  liability.     61  L.R.A.  946. 
Where  wharfinger  assigns  berth.     61  L.R.A. 

948. 
What  are  defects..    61  L.R.A.  948. 
Defects  outside  of  dock.     61  L.R.A.  949. 
Defect  in  surface  of  wharf.     61  L.R.A.  950.. 
Liabilitv  as  between  owner  and  lessee.      61 

L.R\A.  952. 
Liability  of  public  corporation.     61   L.R.A. 

953. 
Defenses.     61  L.R.A.  954. 
Liability  of  landlord  to  third  persons  as  to 

condition    of.      26   L.R.A.    203;    L.R.A. 

1916F,  1129. 
Violating  ordinance  as  to.  as  ground  of  pri- 
vate action.     5  L.R.A. (N.S.)    260. 
Liability  of  one  maintaining  amusement  pier 

for  safety  of  patrons.     42  L.R.A. (N.S.) 

1071. 

§    8.  Liability  for  injury  to. 

Liability  for  injurj'  to  wharf  by  vessel  at- 
tached thereto  during  storm.  27 
L.R.A.(N.S.)    312. 

§  9.  Discrimination  as  to  privileges 
at. 

Right  to  equal  wharfage  facilities  from  car- 
rier. 12  L.R.A.  (N.S.)  509;  43  L.R.A. 
(N.S.)   965. 

Right  to  discriminate  between  hackmen  and 
other  solicitors  of  patronage  at  wharf. 
16  L.R.A.(N.S.)  777;  L.R.A.1915B,  358.- 

§   10.  Wharfage  charges. 

Right  to  wharfage.     70  L.R.A.  193. 

Basis  of  right.     70   L.R.A.   193. 

Public  regulation  of.     70  L.R.A.  197. 

Legislative  regulation  of  rates.  33  L.R.A. 
181. 

Effect  of  Federal  Constitution.  70  L.R.A^ 
199. 

Who  and  what  liable  for.     70  L.R.A.  202. 

When  liability  attaches.     70  L.R.A.  202. 

Rights  of  municipalitv.     70  L.R.A.  205. 

Who  entitled  to.     70  L.R.A.  205. 

Amount.     70  L.R.A.  207. 

Defenses.     70  L.R.A.  208. 

Collection:   lien.     70  L.R.A.  209. 

Contract  for;  jurisdiction  of  admiraltv.  66- 
L.R.A.  233. 

Claim  against  state  for  services  as  wharfin- 
ger.    42  L.R.A.  55. 

Maritime  lien  for  wharfage.     70  L.R.A.  388.. 


INDEX  TO  L.R.A.  NOTES. 


1385 


"WHARVES— cont'd 

%   11.  — regulation  and  fixing  of  rates. 

Legislative   power   to   fix   rates   for  use   of. 

33  L.R.A.  181. 
Business    of    wharfage    as    affected    with    a 

public   interest   authorizing   regulation 

as  to  rates  and  prices.     6  L.R.A.  {N.S.) 

836. 


WHEAT. 

Carrier's  right  to  make  discriminating  rate 
for  wlieat  to  be  converted  into  flour  to 
be  shipped  over  its  road.  6  L.R.A. 
(N.S.)    225. 


♦  *  » 


WHIP. 

As  deadly  weapon.     21  L.R.A. (N.S.)  506. 

♦-•-♦ ■ 

WHIPPING. 
Homicide  by.     60  L.R.A.  801. 


WHISKY. 

As   intoxicating  liquor.     20   L.R.A.   649. 
Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.fN.S.)   p03. 


WHISKY   COCKTAIL. 

-Judicial  notice  of  intoxicating  character  of. 
10  L.R.A.(N.S.)  848. 


WHISTLE. 


At    railroad    crossing,    see    Ralboads,    §§ 
66-69. 

brightening  of  horse  by  street  car  whistle. 
34  L.R.A.  485. 


WHISTLE  POSTS. 


Oompensation  for  making,  as  element  of 
damages  for  laying  out  street  across 
railway  property.  24  L.R.A.(N.S.) 
1235. 


WHITECAPS. 


Necessity  of  instruction  as  to  law  on  cir- 
cumstantial evidence  on  prosecution 
imder  Whitecapping  statute.  69 
L.R.A.  205. 

'Consult  also  L.H.A.  Digests  of  Cases. 


WHITE  LEAD. 

Liability  of  master  to  servant  for  injuries 
from  lead  poising.  35  L.R.A.  (N.S.) 
679. 


WHITE  SLAVERY. 


See  Pbostitution,  §  2. 


■#•» 


WHITEWASHING. 

Tenant's  duty  as  to.     64  L.R.A.  755. 


WHOLESALE. 


Control  by  wholesalers  over  price  on  retail, 
see  Monopoly  and  Combinations,  §§  5, 
6. 

What  amounts  to  retail  sale  of  intoxicating 
liquors  as  distinguished  from  whole- 
sale. 32  L.R.A.(N.S.)  622;  L.R.A. 
1915B,  389. 

Legality  of  combination  by  dealers  not  tOi 
patronize   wholesalers   who  sell  to   un- 
desirable    persons.       35     L.R.A.  (N.S.) 
1054;  L.R.A.1915A,  789. 


WHOOPING. 


As  disturbance  of  public  peace.     32  L.R.A. 
(N.S.)  505. 


WHORE. 

Charging   woman   with    being,    as   libel   or 
slander,  see  Libel  and  Slander,  §  12. 


WIDE  TIRES. 


Validity  of  statute  or  ordinance  regulating 
width  of  tires  of  vehicles  in  city 
streets.     31  L.R.A. (N.S.)   685. 


WIDOW. 

Inheritance  by,  see  Desceutt  and  Distbibu- 
TION,  §  7. 

Dower  of,  see  Doweb. 

Allowance  of,  see  Executors  and  Admin- 
istrators, §§  55,  55a. 

Right  of,  as  to  homestead,  see  Homestead, 
§  18. 

Action  by,  for  death  of  husband,  sec  Hus- 
band and  Wife,  §  65. 

Rights  of,  in  insurance  on  husband's  life, 
see  Insurance,  §§  190,  191. 


1386 


INDEX  TO  L.R.A.  NOTES. 


WlDOW—confd 

Right  to  redeem  from  foreclosure  sale,  see 

MOBTOAGE,  §  88. 

Election  by,  between  will  and  other  dis- 
tributive rights,  see  Wills,  §§  112-115. 

Legal  status  of  adopted  child  as  to  adopt- 
ing father's  widow.     17  L.R.A.  435. 

Who  takes  under  gift  to  "widow."  33 
L.K.A.(N.S.)  816. 

Devise  or  bequest  to  one  described  as 
•'widow"  as  affected  by  ill^ality  or 
non-existence  of  marriage.  L.R.A. 
1917B,  1153. 

Does  widow  come  within  the  term  "heirs." 
L.R.A.1918A,  1108. 

Widow's  right  to  proceeds  of  insurance  on 
husband's  life  payable  to  himself  or  his 
executors  or  administrators.  35  L.R.A. 
(N.S.)  964. 

Right  of,  prior  to  assignment  of  dower,  to 
maintain  trespass  quare  clausum.  13 
L.RA.(N.S.)  209. 

Right  to  restrain  or  compel  removal  of  re- 
mains of  deceased  husband.  3  L.R.A. 
(N.S.)   489. 

Seduction  of.  21  L.R.A. (N.S.)  265;  L.R.A. 
1916D,  458. 

Duty  of  widow  as  devisee  to  pay  taxes.  32 
L.RA.  757. 

Assessment  of  land  of  decedent's  estate  to 
widow.     50  L.R.A. (N.S.)    411. 

Right  to  contest  will  of  husband  or  of  hus- 
band's former  wife.     L.R.A.1918A,  466. 


WIDOWER. 


Right  of  curtesy,  see  Curtesy. 
Inheritance  by,  see  Descent  axd  Distribu- 
tion, §  7. 

Right  to  compel  or  restrain  removal  of  re- 
mains of  deceased  wife.  3  L.R.A. 
(N.S.)   482. 

Rights  of,  under  homestead  and  exemption 
laws.  4  L.R.A.(N.S.)  390;  L.R.A. 
1917C,  364. 

Partition  of  homestead  where  homestead 
right  is  in  widower.  4  L.R.A.(N.S.) 
790. 


WIDOW'S    ALLOWANCE. 

See   Executors   and   Admixistratobs,    §§ 
55,  55a. 


WIDTH. 

Of  highway,  see  Highways,  §§  8,  8a. 
Of  tire,  see  Wide  Tires. 

Of   lode    claim    within    placer    claim, 
L.R.A.  294. 


50 


WIFE. 

See  Husband  and  Wife. 


WILD    ANIMALS. 

See  Animals,  §  11. 

♦-•-• 

WILD  CAR. 

Liability  of  railroad  company  for  injury  to- 
trespasser   or    licensee   by   car   running 
•     wild.     L.R.A.1915A,  143. 


WILFULNESS. 


Contributory  wilfulness  as  a  defense 
against  an  action  for  personal  injury 
based  on  wilfulness  of  defendant. 
L.R.A.1918D,    1195. 

May  wilfulness  precluding  the  defense  of 
contributory  negligence  be  predicated 
of  omission  of  duty  before  discovery 
of  person  in  position  of  peril  on  rail- 
road or  street  railway  track.  21 
L.R.A. (N.S.)   427. 

Wilful  injury  by  railroad  company  operat- 
ing trains  or  cars  longitudinallv  along 
public  street.     49  L.R.A.  (N.S.)  '688. 

Liability  of  partnership  for  wilful  torts. 
51  L.R.A.  469. 


I. 
II. 


III. 


IV. 


Begin  with  this  book  on  every  laic  question 


WILLS. 

In  general,  §  1. 

Agreement  for;  prevention  of,   §§ 

2,  3. 
The  instrument;  form;  execution; 
requisites;    valiilitij,    §§    4- 
5S. 
a.  In  general,  §  4. 
ft.  Various  forms  of  wills,    §§ 
5,   6. 

c.  Testamentary  character,  §  7. 

d.  Incorporation     of     extrinsic- 

document,  §  8. 

e.  Testamentary    capacity,     §§ 

9-13. 

f.  Undue  influence,  §§  16,  17. 

g.  Execution;    puhlicat ion ;    at- 

testation, §§  18-32. 

h.  Reformation;  modiflcation,- 
§   33. 

i.  Bevocation.    §§   34-42. 

j.  Revival,   §§  43,   44. 

fe.  What  may  be  devised  or  be- 
queathed,   §§   43,   46. 

I.  Probate,   §§   47-36. 

1.  In    general,    §§    47-33. 

2.  Foreign  wills,  §  56. 
m.  Contests,   §  37. 

n.  Codicils,    §    38. 
Holographic;    nuncupative,    §    39.. 


INDEX  TO  L.RA.  NOTES. 


1387 


WILLS— cont'd 
F.  Devise  and  legacy,  §§  60-129. 

a.  Construction,    validity,    and 

effect  generally,  §§  60,  61. 

b.  Implication;  reinignancy,  §§ 

62,   63. 

c.  Intention  of  testator,  §§  64, 

65. 

d.  Description  of  property  de- 

vised or  bequeathed,  §§  66, 
67. 

e.  After-born  children  not  men- 

tioned; disinheriting,  §  68. 

/.  Description  of  beneficiaries; 
xvho  may  talce,  §§  69,  70. 

g.  Capacity  of  legatee  or  dev- 
isee; restrictions  on  chari- 
table gifts,  §§  71-73. 

h.  What  property  passes,  §§ 
74,  75. 

i.  Partial   intestacy,    §    76. 

j.  Nature  of  estate  or  interest 
created,   §§  77-102. 

1.  In  general,  §  77. 

2.  Repugnancy,  §  78. 

3.  Life    or    fee,    §§    79-81. 

4.  Rule    in   Shelley's   Case, 

§    82. 
6.  Restrictions    and    condi- 
tions,   §§   83-90. 

6.  Remainders,  §  91. 

7.  Limitations;    limitations 

over;  executory  devises, 
§§  92-94. 

5.  Income    or    support,     § 

95. 
9.  Interest    of   several,    §§ 
96-98. 
10.  Veffed  or  contingent  in- 
terest,  §§  99-102. 
Tc.  Rights    and    preferences    of 
legatees;  enforcement;  pay- 
ment;     garnishment,       §§ 
103-109. 
I.  Acceptance;      election;      re- 

nnncintion,  §§  110,  115. 
m.  Equitable      conversion,      §§ 

116-118. 
w.  Charge    on    donee    or    land 

devised,  §  119. 
o.  Lapsing;      ademption;      ad- 
vancements;        abatement; 
revocation,   §§   120-126. 
p.  General  or  specific,  §§  127, 

128. 
q.  Who   will  talce  void  legacy, 
§    129. 
VI,  Suit  to  construe  will,   §   130. 


I.  In  general, 

§    1.  Generally.  • 

Conflict    of    laws    as    to,    see    C0NFI.ICT   OF 

Laws,  §  35. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §§  102,  103. 
Admissibility    of   acts    and    declarations   of 

testator,  see  Evidence,  §  230. 
Identity  of  property  given  by,  see  Identity 

AND  Identification,  §  10. 
Lost  wills,  see  Lost  Instruments,  §  3. 
Consult  also  L.B.A.  Digests  of  Cases. 


WILLS,  I.— cont'd 

Parties    plaintiff    in    actions    aflfecting,    see 

Parties,  §  6. 
Sufficiency  of  execution  by  will  of  power  of 

appointment,  see  Powebs,  §  4. 

Rule  of  benefit  society  requiring  designa- 
tion of  beneficiary  by.  L.R.A.1918i', 
777. 

Change  in  character  or  use  of  dominant 
tenement  as  affecting  easement  created 
by  will.    L.R.A.1917A,  531. 

Liability  for  mutilation  or  spoliation  of. 
L.R.A.1917B,  558. 

Revocation  of  letters  of  administration  up- 
on discovery  of.     49  I»R.A.(N.S.)    894. 

Testamentary  libels.     49  L.R.A.(N.S.)    897. 

Effect  of  invalid  attempt  to  appoint  testa- 
mentary guardian.  45  L.R.A.  (N.S.) 
446. 

Is  the  right  to  take  property  by  will  or  in- 
heritance a  natural  or  statutory  right. 
9  L.R.A.(N.S.)   121. 

Validity  of  assignment  of  insurance  policies 
to  persons  to  be  named  in  will.  27 
L.R.A.(N.S.)  184. 

Liability  of  estate  for  comissions  of  bro- 
ker whose  employment  is  permitted  by 
will.     64  L.R.A.  554. 

Payment  to  administrator  as  discharge  of 
debt  when  will  is  subsequently  dis- 
covered and  probated.  7  L.R.A. (N.S.) 
878. 

Devise  as  violation  of  covenant  in  lease 
against  assignment  or  sale.  14  L.R.A. 
(N.S.)    1205. 

Privilege  of  communications  to  attorney 
during  preparation  of.  17  L.R.A.  188; 
17  L.R.A. (N.S.)   108. 

Necessity  of  knowledge  by  testator  of  con- 
tents of  his  will  and  proof  thereof. 
L.R.A.1918D,   747. 

II.  Agreement  for;  prevention  of. 

§  2.  Generally. 

Oral  agreement  to  give    property    by,    see 

Contracts,  §  33. 
Validity  of  agreement  as  to,  see  Contracts, 

§  86. 
Specific  performance  of  agreement  for,  see 

Specific  Performance,  §  9. 

Measure  of  damages  for  failure  to  perforin 
contract  to  compensate  for  services  by 
will.     41  L.R.A.(N.S.)  246. 

Gift  as  a  fraud  on  contract  to  will  property. 
20  L.R.A.(N.S.)   1154. 

Revocation  of  consent  given  by  one  spouse 
to  will  of  the  other  in  the  latter's  life- 
time.    L.RA.1915E,  815. 

§  3.  Frustration  of  decedent's  inten- 
tion. 

Prevention  of  making  of,  by  fraud.  25 
L.R.A.  571. 

Impressing  share  of  heir,  devisee,  or  legatee, 
with  constructive  trust  because  of  his 
fraud  in  frustrating  decedent's  inten- 
tion to  give  the  property  to  a  third 
person.  8  L.R.A. (N.S.)  698;  31  L.R.A. 
(N.S.)  176. 


3388 


INDEX  TO  L.R.A.  NOTES. 


WILLS,  II.— cont'd 

May  a  constructive  trust  be  based  upon  an 
undertaking  to  hold  for  the  benefit  of 
another  property  received  through  de- 
vise or  inlieritance  where  no  actual 
testamentary  intention  has  been  frus- 
trated. 33  L.R.A.(N.S.)  996;  L.R.A. 
1918F,  1045. 

III.  The  instrument;  form;  execution; 
requisites;  validity. 

a.  In  general. 

§   4.  Generally. 

Conflict  of  laws  as  to  formal  validity  of 
will  disposing  of  real  property,  2 
L.R.A.  (N.S.)   424. 

b.  Various  form^  of  uHlls. 

§   5.  Generally. 

Nuncupative  or  holographic,  see  infra,  §  59. 

§   9.  Joint  or  mutual  wills. 

Revocation  of,  see  infra,  §  35. 
Probate  of,  see  infra,  §  49. 

c.  Testamentary  character. 

§   7.  Generally. 

Effect  of  words  in  obligation  for  payment 
of  money  indicating  that  it  was  in- 
tended as  a  bequest.  L.R.A.1917C, 
1011. 

Testamentary  character  of  agreement  that 
surviving  partner  shall  have  the  part- 
nership business  or  property.  L.R.A. 
1918B,  907. 

Effect  of  declaring  one  to  be  an  heir  or  next 
of  kin.    45  L.R.A. (N.S.)  48. 

Sufficiency  of  letter  as.  15  LJI.A.  635;  17 
L.R.A.  (N.S.)    1126. 

When  deed  to  be  deemed  testamentary  in 
character.     1  L.R.A.  (N.S.)   315. 

When  may  instrument  executed  with  the 
formalities  of  a  will,  but  not 
couched  in  the  formal  testamen- 
tary phraseology,  be  admitted  to 
probate  or  otherwise  given  effect  as 
a  will.     41  L.R.A. (N.S.)   39. 

May  an  instrument  not  on  its  face  of  a  tes- 
tamentary character  be  shown  by  ex- 
trinsic evidence  to  be  such  so  as  to  take 
effect  as  a  will.     13  L.R.A. (N.S.)   1203. 

Admissibility  of  extrinsic  evidence  to  show 
that  instrument,  on  its  face  a  will,  was 
not  intended  as  such.  28  L.R.A. (N.S.) 
417. 

Collateral  attack  on  probate  where  decree 
or  will  affirmatively  shows  will  to  be 
invalid  for  lack  of  testamentary  char- 
acter of  instrument.  42  L.R.A. (N.S. ) 
458. 

d.  Incorporation  of  extrinsic  document. 

§   8.  Generally. 

Generally.     68  L.R.A.  353. 

Reference  to  extrinsic  document.    68  L.R.A. 

354. 
Identification  of  extrinsic  document  bv  ref- 
erence.    68  L.R.A.  371. 
Begin  ivith  this  booTc  on  every  law  question. 


WILLS,  III.  d— cont'd 

Necessity  that  extrinsic  document  be  actu- 
*al]y  in  existence.    68  L.R.A.  376. 

Parol  evidence  as  to  reference,  to  identity, 
or  to  existence  of  extrinsic  document. 
68  L.R.A.  384. 

Separate  wills  in  relation  to  property  in 
different  countries.     68  L.R.A.  384. 

Recital  in  will  of  conveyance  of  land  as  de- 
vise, where  conveyance  was  not  in  fact 
made,  or  proves  ineffectual.  3  L.R.A. 
(N.S.)   645. 

e.  Testamentary  capacity. 

§   9.  Generally. 

Opinion  evidence  as  to,  see  E\aDENCE,  §§ 
191,  192. 

As  to  incompetency,  generally,  see  In- 
competent Persons. 

Conflict  of  laws  as  to  testator's  capacity. 
2  L.R.A.(N.S.)   414. 

Validity  and  effect  of  stipulation,  of  in- 
capacity of  testator.  23  L.R.A.{N.S.) 
783. 

Revocation  of  will  by  one  executed  when 
testator  is  incompetent.  L.R.A. 1916C, 
92. 

Signature  made  bv  hand  of  unconscious 
person.     L.R.A.1915B,  678. 

Admissibility  of  finding  of  coroner  as  to 
cause  of  death  to  show  mental  condi- 
tion of  testator.     45  L.R.A. (N.S.)   408. 

Power  of  one  lacking  testamentary  capacity 
to  revoke  will.     18  L.U.A.(N.S.)    99. 

Collateral  attack  on  probate  where  decree  or 
will  affirmativelj-  shows  lack  of  testa- 
mentary capacity.  42  L.R.A.  (N.S.) 
457. 

§  10.  What  constitutes  capacity  or 
incapacity. 

In    general.     27    L.R.A.(N.S.)     2;     L.R.A. 

1915A,  444. 
Specific  tests  of  capacity.    27  L.R.A.  (N.S.) 
25;  L.R.A.1915A,  450. 
Old  age.     27   L.R.A. (N.S.)    25;   L.R.A. 

1915A,  450. 
Insane   delusions.     12   L.R.A.    161;    27 
L.R.A.(N.S.)       62;       L.R.A.1915A, 
458. 
Belief  in   spiritualism,  witchcraft,  etc. 
16    L.R.A.    677;    15    L.R.A.(N.S.) 
673. 
Suicide.  24     L.R.A.     577;     27     L.R.A. 
(N.S.)   94. 
Temporary     weakness     or     aberration.       27 

L.R.A.(N.S.)    94;  L.R.A.1915A,  463. 
Effect  of  morphinism  on.     39  L.R.A.  263. 
Willa  planned  in  strength,  executed  in  ex- 
tremis.    27   L.R.A. (N.S.)    98. 
Miscellaneous   cases.     27   L.R.A. (N.S. )    99; 
L.R.A.1915A,  463. 

§   11.  — drunkenness. 

Present  intoxication.     39  L.R.A.  220. 
Habits  of  intoxication.     39  L.R.A.  220, 
Drunkenness  as  evidence  of  incapacity.     39 

L.R.A.  221. 
Inquisition  of  drunkenness  as  evidence.     39 
L.R.A.  227. 


INDEX  TO  L.R.A.  NOTKS. 


1389 


WILLS,  III.  e— cont'd 
§    12.  Married  woman. 

Right  of  wife  under  statute  removing  dis- 
abilities of  married  woman  to  devise 
property  held  by  her  husband  and  her- 
self as  joint  tenants.  7  L.R.A.  (N.S.) 
701. 

SufRciency  of  husband's  consent  to  wife's 
will.     37  L.R.A.(N.S.)   1133. 

§    13.  Time  at  which  incapacity  exists. 

Testamentary  capacity  at  the  time  of  giving 
instructions  for  will  as  affecting  meas- 
ure of  capacity  which  must  exist  at 
time  of  execution.     2  B.  R,  C.  41. 

§    14.  Evidence  as  to. 

Presumption  and  burden  of  proof  as  to,  see 
Evidence,  §  39. 

Opinion  evidence  as  to,  see  Evidence,  §§ 
189-193. 

Admissibility  of  declarations  of  beneficiary 
or  executor  to  sliow  lack  of  testamen- 
tary capacity,  see  Evidence,  §  231. 

Relevancy  of  evidence  as  to,  see  Evidence, 
§  254. 

Sufficiency  of  evidence  as  to,  see  Evidence, 
§§    291,   292,    298. 

Competency  of  attending  physician  to  testi- 
fy as  to  capacity  of  testator  in  will 
contest.     32  L.R.A. (N.S.)   72. 

g  15.  Evidence  of  attesting  witnesses 
as  to. 

Opinions  of  subscribing  witnesses  as  to 
sanity  or  insanity.     39  L.R.A.  715. 

Admissibility  of  declarations  of  deceased 
subscribing  witness  unfavorable  to 
testator's  competency.  27  L.R.A. (N.S.) 
294. 

Weight  of  testimony  of  subscribing  witness 
against  competency  of  testator.  6 
L.R.A.(N.S.)    575. 

/.  Undue  influence. 

g   16.  Generally. 

Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  53. 
Admissibility  of  declarations  of  beneficiary 

or  executor  to  show,  see  Evidence,   § 

231. 
Relevancv  of  evidence  as  to,  see  Evdence, 

§  260. 
Sufficiency  of  evidence  of,  see  Evidence,  § 

300. 

Drunkenness  in  connection  with  undue  in- 
fluence as  affecting  testamentary  ca- 
pacity.    39  L.R.A.  224. 

Effect  of  unnatural  testamentary  disposi- 
tion on  question  of  undue  influence.  6 
L.R.A.(N.S.)  202;  22  L.R.A.  (N.S.) 
1024. 

Effect  of  meretricious  relations  between  tes- 
tator and  beneficiary  on  validity  of  de- 
vise or  bequest.     17  L.R.A. (N.S.)    477. 

Character  of  presumption  as  to  undue  in- 
fluence in  bequest  to  mistress.  11 
L.R.A.(N.S.)   554. 

Burden  of  proof  as  to.  17  L.R.A.  494;  38 
L.R.A.  724,  733. 

Consult  also  L.R.A.  Digests  of  Cases. 


WILLS,  III.  f— cont'd 

Ante-testamentary  declarations  as  evidence 

of    undue     influence.     3    L.R.A.  (N.S.) 

749. 
Omitting  part  of  will  from  probate  because 

of   undue    influence.     34   L.R.A.(N.S.) 

973. 

§  17.  Of  draftsman  or  person  active  in 
procuring  execution. 

Evidentiary  force  of  circumstance  that  one 
benefited  by  a  will  was  the  drafts- 
man thereof,  or  was  active  in  pro- 
curing its  execution.  28  L.R.A. 
(N.S.)  270. 

g.  Execution;   publication;   attestation. 

§   18.  Generally. 

Proof  of  execution  of  lost  or  destroyed  wills. 
38  L.R.A.  441. 

Effect  of  execution  by  mistake  of  will  in- 
tended for  another  person.  3  B.  R.  C. 
341. 

Soldiers'  and  seamen's  wills.  4  B.  R.  C. 
899. 

§    19.  On  Sunday. 

Execution  of,  on  Sunday.    14  L.R.A.  194. 

§   2  0.  Signature  of  testator. 

l^ilect  of  execution  by  mistake  of  will  in- 
tended for  another  person.  3  B.  R.  C. 
341. 

What  amounts  to  signature  by  testator. 
L.R.A.1915D,  902. 

Hand  guided  by  another.    L.R.A.1915D,  906. 

Signature  made  by  hand '  of  unconscious 
person.    L.R.A.1915B,  678. 

Necessity  that  witnesses  see  testator  sign, 
or  that  they  see  his  signature.  38 
L.R.A.  (N.S.)    161;  L.R.A.1915B,  8-7. 

Signature  of  witness  to  will  before  testator 
signs  it.  14  L.R.A.  160;  26  L.R.A. 
(N.S.)   1126;  L.R.A.1916D,  1063. 

Interlineations  or  changes  by  testator  after 
signing,     51  L.R,A.(N.S.)    109. 

§   21.  — by  other  person. 

Signature  by  other  person.  6  L.R.A.  357;* 
22  L.R.A.  299. 

§   22.  —by  mark. 

Signature  by  mark ;. signing  will.  22  LJRJl, 
370. 

Does  ability  to  write  invalidate  signature 
to,  made  by  mark  or  by  aid  of  other 
person  guiding  the  pen.  7  L.R.A. 
(N.S.)    1193. 

Use  of  mark  to  name  other  than  true  name. 
L.R.A.1915D,  905. 

Proof  of  signature  by  mark  when  atfesting 
witnesses  are  dead..    44  L.R.A.   142. 

Proof  of  signature  by  mark  where  attest- 
ing witnesses  have  forgotten  circum- 
stances attending  its  execution.  44 
L.R.A.   142;   51   L.R.A.  (N.S.)    955. 

Effect  of  adverse  testimony  of  attesting 
witnesses  as  to  execution  of  will  signed 
by  mark.     L.R.A.1916C,  1240. 


1390 


INDEX  TO  L.R.A.  NOTES. 


WILLS,  III.  g— cont'd 
§  23.  —place  of. 

When  will  deemed  to  have  been  signed  or 
subscribed  at  the  end.  17  L.R.A.  (N.S.) 
353:  23  L.R.A.(N.S.)  515;  30  L.R.A. 
(N.S.)  1173. 

Writing  name  in  body  of  will  as  a  signa- 
ture thereto.  29  L.R.A.  (N.S.)  63; 
46L.R.A.(N.S.)  552;  L.R.A.1917D,  632. 

Signing  of  will  at  end  of  instrument  where 
•  name  follows  attestation  clause.  17 
L.R.A.(N.S.)    354. 

Collateral  attack  on  probate  where  decree 
or  will  affirmatively  shows  matter  be- 
low testator's  signature.  42  L.R.A. 
(N.S.)   458. 

§   24.  —proof  of. 

Necessity  of  proving  by  subscribing  witness. 

35  L.R.A.  321. 
Proof  of,  when  attesting  witnesses  are  dead. 

44  L.R.A.  142. 
Proof  of  will  where  attesting  witnesses  have 
forgotten   circumstances   attending 
its  execution.     44  L.R.A.  142;   51 
L.R.A.(N.S.)   927. 
EflFect  of  adverse  testimony  of  attesting  wit- 
nesses   as    to    execution    of    will. 
L.R.A.1916C,  1218. 
Xx)6s    of    eyesight  of  attesting  witness  pre- 
venting his  identification  of  instrument 
or  signature.     L.R.A.1915E,  593. 


§   25.  Publication. 

Requisites  of  publication  of  will. 
825.* 


8  L.R.A. 


§  26.  Attestation;    attesting  witnesses. 

Evidence  of  attesting  witness  as  to  testat- 
or's mental  capacity,  see  supra.  §  15. 

Proof  of  testator's  signature  by  attesting 
witnesses,  see  supra,  §  24. 

Opinion  of  attesting  witness  as  to  testator's 
sanity,  see  Evidence,  §  192. 

Admissibility  of  acts  and  declarations  of  at- 
testing witness,  see  Evidence,  §  232. 

Validity  of  attestation  of  will  through  an 
interpreter.      L.R.A.1918B,    691. 

EflFect  of  fact  that  person  who  executed  will 
was  not  previouslv  known  to  witness. 
21  L.R.A.(N.S.)   531. 

Collateral  attack  on  probate  where  decree 
or  will  affirmatively  shows  the  will  to 
be  invalid  because  of  defects  as  to  at- 
testing witnesses.  42  L.R.A.  (N.S.) 
456. 

§  27.  —necessity  of  witness. 

Necessity  of  witness  to  holographic  will. 
14  L.R.A.(N.S.)   968. 

§  28.  —competency  of  witnesses  gen- 
erally. 

Trustee  or  member  of  charitable  beneficiary 
as    witness    to    will.       36     L.R.A. 
(N.S.)   504. 
Effect  of   invalidity  of  bequest,   occasioned 
by  interest  of  attesting  witness,  upon 
rights  of  persons  jointlv  or  subsequently 
entitled  thereto.     4  B.'  R.  C.  710. 
Begin  tvith  this  book  on  every  lata  question. 


f  WILLS,  III.  g— cont'd 

Competency,  as  an  attesting  witness,  of  of- 
ficer or  stockholder  of  a  corporation 
named  as  executor  or  trustee.  L.R.A. 
1916D,  185. 

Minor  witnesses  to  will.    L.R.A.1916E,  695. 

§  29.  —time  of  competency. 

Is  the  competency  of  an  attesting  witness 
to  a  will  to  be  determined  as  of 
the  time  of  attestation  or  of  pro- 
bata    35  L.R.A.(N.S.)  686. 

§   30.  — signature  of  witnesess. 

Necessity  that  witnesses  see  testator  sign, 
or  that  they  see  his  signature.  38 
L.R.A.(N.S.)    16L 

When  witness  is  deemed  to  subscribe  in  tes- 
tator's presence.  1  L.R.A. (N.S.)  393; 
L.R.A.1916C,  950. 

Signature  of  witnesses  to  will  before  tes- 
tator signs  it.  14  L.R.A.  160;  26 
L.R.A. (N.S.)    1126;  L.R.A.1916D,  1063. 

Necessity  that  attesting  witnesses  be  pres- 
ent at  the  same  time.  L.R.A.1917F, 
872. 

EflFect  of  witness  not  signing  his  true  name. 
L.R.A.1917D,    896. 

§   31.  — attestation  by  mark. 

By  mark.     22  L.R.A.  372. 

§  32.  —  attestation  clause. 

Necessitv  of  attestation  clause  of  will.     14 

L.R'A.(N.S.)    255. 
Signing  of  will  at  end  of  instrument  where 

name    follows    attestation    clause.      17 

L.R.A. (N.S.)   354. 

h.  Reformation;  modification. 

§   33.  (Generally. 

Effect  of  mistake  of  law  as  to  effect  of  will, 
as  ground  of  reformation.  28  L.R.A. 
(N.S.)   870. 

How  far  will  modified  by  codicil.  1  L.R.A. 
(N.S.)   397. 

i.  Revocation. 

§   34.  Generally. 

Revival  of  prior  will  by  revocation  of  later 

one,  see  infra,  §  34. 
Of  particular  legacies  or  devises,  see  infra, 

§  126. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  103. 

Conflict  of  laws  as  to.     '2  L.R.A.  (N.S.)   464. 
Partition  deed  as.     57  L.R.A.  339. 
Presumption   as  to   revocation    of    missing 
will.     38  L.R.A*.  433. 

§   35.  Of  joint  or  mutual  wills. 

Right  to  revoke  joint  or  mutual  will.  38 
L.R.A.  291;  27  L.R.A. (N.S.)  508;  37 
L.R.A.(N.S.)   1196. 

§   3«.  Of  husband  or  wife. 

Settlement  of  property  rights  between  hus- 
band and  wife  on  account  of  divorce  as 
implied  revocation  of  will.  20  L.R.A. 
(N.S.)    1073. 


INDEX  TO  L.R.A.  NOTES. 


1391 


■WIULS,  in.  i— cont'd 
§  37.  — by  marriage  and  having  chil- 
dren. 

fiuflSciency  of  provision  as  to  after-born  child 
to  prevent  revocation,  see  infra,  §  68. 

'ESect  of  marriage,  followed  by  birth  of 
child,  to  revoke  woman's  will.  5  L.R.A. 
(N.S.)   1084. 

Removal  of  disabilities  as  affecting  rule  re- 
garding revocation  of  woman's  will  by 
marriage.     L.R.A.1918B,   943. 

Effect  of  statute  making  wife  an  heir  of 
husband  upon  rule  that  marriage  alone 
without  birth  of  issue  does  not  revoke 
a  man's  will.  2.5  L.R.A. (N.S.)  182. 
-Effect  of  statute  making  husband  an  heir 
of  wife  upon  rule  that  marriage  alone, 
without  birth  of  issue,  will  not  revoke 
a  woman's  will.    34  L.R.A. (N.S.)  102L 

-Adopted  child  as  a  "child"  within  statute 
relating  to  revocation  of  will.  30 
L.R.A.(N.S.)  916;  L.R.A.1918F,  1083. 

•Collateral  attack  on  probate  wliere  decree 
or  will  affirmatively  shows  its  revoca- 
tion by  testator's  marriage.  42  L.R.A. 
(N.S.)'  457. 


§   38.  By  subsequent  will. 

"General  rules  as  to  wills  proper.    37  L.R.A. 

561. 
Modification  of  the  general  rules.    37  L.R.A. 

567. 
Rule  applied  to  codicils,     37  L.R.A.  571. 
Kevocation  as  affected  by  invalidity  of  some 
or  all  of  the  dispositive  provisions  of 
the  later  will.    L.R.A.1916Cj  101. 
Revocation  of  will  by  will  defectively  exe- 
cuted or  one  executed  when  testator 
is  incompetent.    L.R.A.1916C,  92. 
Effect  of  later  to  revoke  earlier  will  by  im- 
plication,   where    later    will    does    not 
dispose  of  whole  estate.    6  B.  R.  C.  35. 
Effect    of    unfulfilled    intention    to    execute 
new  will  upon  presumptive  revocation 
of  old.     2  B.  R.  C.  538. 


r§  39.  By  mutilation,  destruction,  can- 
celation, etc. 

Revival  of  earlier  will  by,  see  infra,  §  44. 

Interlineations  or  changes  by  testator  after 
signing.     51  L.R.A.(N.S.)    169. 

Subsequent  ratification  of  unauthorized  de- 
struction as  revocation  of  will.  2  B.  R. 
C.  550. 

Burden  of  explaining  erasures  or  alterations 
appearing  on  face  of  will.  17  L.R.A. 
(N.S.)    184. 

Admissibility  of  declarations  of  testator  on 
issue  of  his  intention  in  destroying  his 
will.    24  L.R.A.(N.S.)   180. 

^Revocation  of  a  will  by  burning,  tearing, 
etc.,  upon  making  a  new  will  or  with 
the  intent  to  make  a  new  will.  L.R.A. 
1918A,  914. 

-Cancelation  or  mutilation  of  will  as  affected 
by  invalidity  of  a  second  will.  6  L.R.A. 
(N.S.)   1107. 

Oonault  also  L.R.A.  Digests  of  Cases. 


WILLS,  III.  i— cont'd 

§40.  —revocation  of  part  of  will  by. 

Attempt  to  revoke  portions  of  a  will  by 
burning,  tearing,  canceling,  ob- 
literating, or  destroying.  38  L.R.A. 
(N.S.)   797. 

§   41.  Eflect  of  interference  with. 

Effect  upon  will  itself  in  the  absence  of  a 
statute  requiring  certain  formali- 
ties as  to  revocation.  41  L.R.A. 
(N.S.)    105. 

Effect  upon  right  of  legatees  or  devisees  to 
take.     41  L.R.A,(N.S.)    109. 

§  42.  Who  may  revoke. 

Power  of  one  lacking  testamentary  capacity, 
to  revoke  will.    18  L.R.A.(N.S.)  99. 

j.  Revival. 

§  43.  Generally. 

Of  revoked  will.     37  L.R.A.  575. 

§  44.  By  revocation  or  destruction  of 
later  will. 

Revival  of  former  will.  37  L.R.A.  575;  14 
L.R.A.  (N.S.)  937;  37  L.R.A.(N.S.) 
291. 

Revival  of  former  codicil.    37  L,R.A.  579. 

fc.  What  may  be  devised  or  'bequeathed, 

§   45.  Generally. 

Custody  of  child,  see  Infants,  §  7. 

Right  of  entry  for  condition  broken  as 
subject  of  a  devise,     60  L.R.A.  762. 

Burial  lot  as  subject  of  devise.  67  L.R.A. 
121, 

Right  of  entryman  to  devise  claim  or  inter- 
est in  public  lands.  34  L.R,A.(N.S.) 
397, 

Contingent  remainder  as  subject  of  devise 
by  remainderman.  21  L.R.A,  (N,S,) 
121. 

Applicability  to  devise,  of  rule  against  con- 
veyance of  land  held  adversely.  35 
L.R.A.(N.S,)    734, 

Law  governing  validity  of  testamentary 
disposition  of  leasehold  property.  7 
B.  R.  0.  459. 

§  46.  Interest  in  Insurance  policy. 

Power  of  insured  to  destroy  rights  of  bene- 
ficiary by  bequeathing  policy.  49  L.R.A. 
748,  752. 

Right  to  change  beneficiary  in  policy  by 
win.    4  L.R.A.(N,S.)  939. 

Bequest  of  policy  of  insurance  or  proceeds 
thereof  as  a  specific  l^acy.  7  L.R.A. 
(N,S.)    592, 

Right  to  designate  by  will  the  beneficiary  of 
benefit  insurance.  42  L.R.A.(N.S.) 
11»1. 

I.  Probate. 

1.  In  general, 

%  47.  Generally, 

Contest  of,  see  infra,  §  57. 


1392 


INDEX  TO  L.R.A.  NOTES. 


WILLS,  III.  1,  1— cont'd 

Courts  of  probate  jurisdiction,  see  Coubts, 

§  34. 
Evidence  on,  generally,  see  Evidence,  §§  39, 

189-193,  230,  254,  291,  292,  2.3. 
Effect    and    conclusiveness   of    probate,    see 

Judgment,  §§  25,  69. 

Probate  of  will  as  evidence.  L.R.A.1917E, 
533. 

Pendency  of  probate  proceedings  in  both 
state  and  Federal  courts.  42  L.R.A. 
460. 

Limitation  of  estate  upon  probate  of  will 
as  a  violation  of  the  rule  against  per- 
petuities.    10  L.R.A.  (N.S.)   564. 

Validity  of  agreement  to  defeat  probate  of 
wiU.  16  L.R.A.  (N.S.)  236;  43 
L.R.A.(N.S.)    575. 

Validity  and  effect  of  stipulation  of  inca- 
pacity of  testator.  23  L.R.A. (N.S.)  783. 

Is  competency  of  attesting  witness  to  a  will 
to  be  determined  as  of  time  of  attesta- 
tion or  of  probate.  35  L.R.A.(N.S.) 
686. 

Constitutionality  of  tax  or  fee  as  condition 
of  probate.     50  L.R.A. (N.S.)   997. 

Constitutionality  of  succcession  taxes  with 
respect  to  jurisdiction  of  probate 
courts.      33    L.R.A.  (N.S.)    600. 

Collateral  attack  on  probate  where  the  de- 
cree or  the  will  affirmatively  shows 
that  the  will  is  invalid.  42  L.R.A. 
(N.S.)    454. 

§  48.  Contents  of  will  as  affecting 
right  to  probate. 

Probate  limited  to  factum.    34  L.R.A.  ( N.S. ) 

965. 
Will    at    least    valid    in    part.      34    L.R.A. 

(N.S.)    968. 
Where  invalidity  may  be  total.    34  L.R.A. 

(N.S.)    969. 
More  than  one  instrument.    34  L.R.A. (N.S.) 

970. 
Limited    or    partial    probate.      34    L.R.A. 

(N.S.)   971. 
Charitable  gifts  as  affected  by  date  of  will, 

etc.     34   L.R.A.(N.S.)    975. 
Joint   or   mutual    wills.      34    L.R.A.(N.S.) 

976. 
Miscellaneous.    34  L.R.A.(N.S.)  976. 

§   49.  Of  joint  or  mutual  wills. 

Two   wills   in   one   instrument.     38   L.R.A. 

289. 
Right  to  revoke.    38  L.R.A.  291. 
Joint  wills  to  operate  on  survivor's  death. 

38    L.R.A.    292. 
Contents  of,  as  affecting  right  to  probate, 

34  L.R.A.(N.S.)  976. 

§  50.  Probate  of  part  of  will. 

Limited  or  partial  probate.  34  L.R.A. (N.S.) 
971. 

May  the  part  of  a  lost  or  destroyed  will 
which  can  be  established,  be  admitted 
to  probate  where  there  are  other  por- 
tions that  cannot  be  established.  26 
L.R.A.(N.S.)    654. 

Begin  with  this  hook  on  every  laiv  question. 


WILLS,  III.  1,  1— cont'd 

May  part  of  a  will  be  set  aside  for  lack  of 
testamentary  capacity  or  undue  in- 
fluence and  the  remainder  upheld.  41 
L.R.A.(N.S.)   1126. 

§51.  Effect  of  delay  in  probating. 

Generally.     57  L.R.A.  253. 

Where  the  estate  is  sold  or  mortgaged  by 

the  heirs.     57  L.R.A.  255. 
Where  the  devisees   are  under  disabilities^ 

57  L.R.A.  257. 
Where   the   will   is   concealed,   lost,   or   de-^ 

stroyed.     57  L.R.A.  258. 
Estoppel.      57    L.R.A.   260. 
Second  wills   and   codicils.     57   L.R.A.  261.- 
Suspension     of     probate     proceedings.      57 

L.R.A.  262. 
Probate  in  solemn  form  and  second  probate.. 

57   L.R.A.   262. 
Wills  from  other  states.     57  L.R.A.  263. 
Statutory  limitations.     57  L.R.A.  264. 
Right  to  probate  will  after  distribution  oi 

property  as  intestate.    36  L.R.A. (N.S.) 

89. 


§   52.  Practice;  procedure. 

Evidence  of  attesting  witnesses  as  to  testa- 
mentary capacity,  see  supra,  §  15. 

Proof  of  testator's  signature,  see  supra.. 
§  24. 

Evidence  to  establish  lost  or  dertroyed  wilL 

38  L.R.A.  433. 
Admissibility  in  probate  courts  of  copies  of 
records  of  other  states.    5  L.R.A. (N.S. ) 
948. 
Necessity   of    procuring    depositions   of    at- 
testing witnesses  to  will  who  are 
beyond     the     jurisdiction     of     the 
court.     47   L.R.A. (N.S.)    722. 
Necessity    and    sufficiency    of   proof    to   ac- 
count   for    nonproduction    of    will 
upon  application  to   probate  it  as 
a  lost  or  destroyed  will.    50  L.R.A» 
(N.S.)  861. 

§   53.  —notice. 

Notice  of  distribution  in  probate  proceed- 
ings as  jurisdictional.  37  L.R.A.(N.S.) 
368. 

Right  to  probate  will  on  service  of  notice 
by  publication.     35  L.R.A. (N.S.)    1058. 

§   54.  —withdrawal  of  proceedings. 

Right  to  dismiss  or  withdraw  proceedinga 
to  probate  a  will  or  issues  thereunder. 
19   L.R.A.(N.S.)    121. 

§   55.  Revocation  of;   setting  aside. 

Who  may  sue  or  take  other  proceedings  ta 
set  aside  decree  of  probate.  54  L.R.A. 
761. 

Remedy  of  pretermitted  heirs  to  have  pro- 
bate set  aside.     37  L.R.A.  (N.S.)    1144. 

Revocation  of  probate  as  termination  of  ap- 
pointment of  administrator  c.  t.  a.  21 
L.R.A. (N.S.)  975. 


INDEX  TO  L.R.A.  NOTES. 


1393 


WILLS,  III.  1— cont'd 

2.  Foreign  wills. 

§   56.  Generally. 

Effect  and  conclusiveness  of,  see  Judgment, 
§  69. 

Presumption  as  to  probate  of  will  in  other 

state.     48   L.R.A.   130. 
Jurisdiction  to   admit  to   probate   will   not 

probated     at     testator's     domicil.       33 

L.R.A.  (A.S.)    658. 
Ancillary  probate  at  testator's  domicil  after 

probate  in  otlier  jurisdiction.     1  L.R.A. 

(N.S.)   996. 

m.  Contests, 

§   57.  Generally. 

Provision  for  forfeiture  by  contesting  will, 

see  infra,  §  86. 
Evidence  on,  see  Evidence,  §§  39,  189-193, 

254,   291,   292,   298. 

Who  may  contest  will.    L.R.A.1918A,  447. 

Right  of  state  to  contest,  so  as  to  esclieat 
the  property.     2  L.R.A.  (N.S.)   G43. 

Validity  of  contract  not  to  contest  probate 
of.      13    L.R.A.(N.S.)    484. 

Eight  to  dismiss  or  withdraw  proceedings 
to  contest  a  will  or  issues  thereunder. 
19  L.R.A.(N.S.)   121. 

Validity  of  agreement  that  costs  of  con- 
testing a  will  shall  be  paid  out  of  the 
estate.     2   B.  R.  C.  633. 

Right  of  executor  to  allowance  for  attor- 
neys' fees  for  services  rendered  \  in  at- 
tempt to  establish  or  resist  attack  up- 
on will.  26  L.R.A.(N.S.)  757;  L.R.A. 
1917A,  450. 

Comparison  of  marks  and  spelling  of-  dis- 
puted will.     65  L.R.A.  95. 


n.  Codicils. 

§   58.  Generally. 

How  far  will  modified  by.     1  L.R.A. (N.S.) 

397. 
Revocation  of  prior  will  by.    37  L.R.A.  571. 
Revocation  of  codicil  as  aflFecting  will.     46 

L.R.A. (N.S.)    983. 
Effect  of  republication  of  will  by  codicil  to 

incorporate    extrinsic     document     into 

will.     68  L.R.A.  381. 


WILLS,  IV.— cont'd 

Writing  name  in  body  of  holographic  will 
as  a  signature  thereto.  29  L.R.A.(N.S.) 
64;  46  L.R.A.  (N.S.)  552;  L.R.A. 
1917D,  632. 

Violation  of  requirement  tliat  holographic 
will  shall  be  written  by  testator.  20 
L.R.A.(N.S.)    1145;   L.R.A.1917F,  393. 

Necessity  of  witnesses  to  an  holographic 
will.     14  L.R.A.  (X.S.)    968. 

What  is  "last  sickness,"  permitting  a  nun- 
cupative will,     13  L.R.A. (N.S.)   1092. 

Sufficiency  of  showing  that  paper  offered  as 
a  holographic  will  was  intended  as  such. 
33  L.R.A.(N.S.)    1018. 

Custody  of  holographic  will.  37  L.R.A. 
(N.S.)    842. 

Collateral  attack  on  probate  where  decree  or 
will  affirmatively  shows  the  will  to  be 
invalid  for  defects  as  to  witnesses.  42 
L.R.A. (N.S.)    456. 

Proof  by  holographic  will  where  attesting 
witnesses  Jiave  forgotten  circumstances 
attending  its  execution.  51  L.R.A. 
(N.S.)    949. 

Effect  of  adverse  testimony  of  attesting  wit- 
nesses as  to  execution  of  holographic 
will.    L.R.A.1916C,  1234. 

Devise  of  real  property  by  nuncupative  will. 
L.R.A.1916E,  1132. 


F.  Devise  and  legacy. 

a.  Constimction,   validity,  and  effectf 
generally. 

§   60.  Generally. 

Charitkble  bequests,   see  Charities. 

Bequest  for  masses,  see  Masses. 

Bequest  for  support  of  minister,  see  Re- 
ligious Societies,  §  8. 

Conflict  of  laws  as  to,  see  Conflict  of 
Laws,  §  35. 

Transfer  of  cotenant's  interest  by,  see  Co- 
tenancy, §  12. 

As  to  perpetuities,  see  Perpetuitie.s. 

As  to  inheritance  tax,  see  Taxes,  §§  90- 
105. 

Creation  of  trust  by,  generally,  see  Trusts, 
II. 

Creation  of  secret  trust  by  will,  see  Teusts, 
§   8. 

Creation  of  precatory  trusts  by,  see  Tbusts, 
§  9. 


signed    at    the    end.      17    L.R.A. (N.S.) 

357. 
Effect  of  delay  in  probating.    57  L.R.A.  261. 
Who     may    contest    will     as    affected    Dy 

codicil.   L.R.A.1918A,   4,52. 


Effect  of  signature  to  codicil  of  will  not  Law  governing  construction  of  will.  2 
^^  .    -^. -^.  L.R.A.(N.S.)   443. 

Duty  of  executor  to  inform  legatee  of  terms 
of  legacy.  6  B.  R.  C.  104. 

Right  of  child  in  homestead  of  parent  as  af- 
fected by  will.    56  L.R.A.  38, 

Devise  or  legacy  reciting  consideration  as 
acknowledgment  affecting  bar  of  limita- 
tions.    1  L.R.A.(N,S,)    1117. 

Provision  in  will  directing  deduction  of 
debts  from  shares  of  legatees,  as  re- 
quiring deduction  of  statute-barred 
debt.    4  B.  R.  C.  727. 

Bringing  advancements  into  hotchpot  where 
will  directs  a  distribution  as  in  case 
of  intestacy,    4  B,  R.  C.  278. 


IV.  Holographic;  nuncupative. 

§   59.  Generally. 

Revocation  of  previous  will  by.     37  L.ILA, 

566. 
Soldiers'   and   seamen's   wills.     4   B.   R.   C, 

899. 
Dating  holographic  will.    L.R.A.1916E,  503. 
Consult  also  L.R.A.  Digests  of  Cases.    88 


1394 


INDEX  TO  L.R.A.  NOTES. 


WILLS,  V.  a— cont'd 

Effect  of  invalidit}^  of  bequest  occasioned 
by  interest  of  attesting  witness  upon 
rights  of  persons  jointly  or  subsequent- 
ly entitled  thereto.     4  B.  R.  C.  710. 

Marketability  of  title  v^here  construction  of 
will  is  involved.     38  L.R.A.(N.S.)    17. 

Marketability  of  title  based  on  exercise  ol 
power  of  sale  in  will.  38  L.R.A.(N.S.) 
18. 

Federal  courts  following  state  decisions  as 
to  construction  and  eflfect  of.  40  L.R.A, 
(N.S.)    430. 

§  61.  Ambiguities;  omissions;  extrin- 
sic evidence. 

As  to  testator's  intention,  see  infra,  §  65. 
Ambiguities  in  discription  of  land  conveyed, 

see  infra,  §  67. 
Parol   evidence   as   to   testator's   intention, 

see  Evidence,  §  167. 
Admissibility   of   acts    and   declarations   of 

testator^  see  Evidence,  §  230. 

Extrinsic  evidence   to  establish   identity   of 
legatee  or  devisee.   47  L.R.A.  (N.S.) 
5]4. 
Parol  evidence  of  mistake  in  description  of 

land  devised.    16  L.R.A.  321. 
May  beneficiary  be  put  to  his  election  by 
extrinsic   evidence   of   testator's    inten- 
tion.    28   L.R.A. (N.S.)    657. 

b.  Implication;  repugnancy. 

§   62.  Implication. 

Bequests  or  devise  by  implication.  10 
L.R.A.  816;*  11  L.R.A.  185;*  15  L.R.A. 
(N.S.)   73;  L.R.A.1917A,  1213. 

Effect  of  limitation  over  in  case  the  person 
to  whom  property  is  given  in  the 
first  instance  dies  without  lineal 
descendants,  issue,  children,  heirs 
of  the  body,  etc.,  to  give  to  his 
issue  an  interest  by  implication 
either  by  way  of  remainder,  execu- 
tory devise,  or  substitutional  gift. 
51   L.R.A. (N.S.)    485. 

§   63.  Repugnancy. 

As  to  nature  of  estate  or  interest  created, 
see  infra,  §  78. 

c.  Intention  of  testator, 

§  64.  Generally. 

Frustration  of,  see  supra,  §  3. 

Effect  of   frustrating  decedent's   intention, 

see  supra,  §  6. 
Presumption  and  burden  of  proof  as  to,  see 

Evidence,  §  42. 
Parol  evidence  as  to,  see  Evidence,  §  167. 

SuflSciency  of  showing  that  paper  offered  as 

holographic  will  was  intended  as  such. 

33  L.R.A.(N.S.)    1018. 
Of    testator     misdescribing    the    land.       6 

L.R.A. (N.S.)    963;    L.R.A.1915E,   1008. 
Effect    of    unfulfilled    intention    to    execute 

new  will  on  presumptive  revocation  of 

old  one.    2  B.  R.  C.  538. 
Begin  tvith  this  hoolc  on  every  law  question. 


WILLS,  V.  c— cont'd 

Of  testator  that  fee  simple  shall  pass 
though  words  of  limitation  not  used. 
2  L.R.A. (N.S.)    183. 

Expression  of  intention  to  make  provision 
for  family  as  affecting  estate  taken  by 
beneficiaries  of  trust,  in  the  absence  of 
any  express  definition  thereof.  17 
L.R.A.(N.S.)    1215. 

Bequest  of  stocks,  bonds,  or  notes  as  gen- 
eral or  specific  as  depending  upon  tes- 
tator's intent.     11  L.R.A.(N.S.)   67. 

Effect  of  testator's  intention  in  devise  to 
religious  soeietv  for  specific  uses.  11 
L.R.A.  (N.S.)    5^15. 

Of  testator  as  to  adeeming  general  legacy  to 
donee  by  gift.  38  L.R.A.  (N.S.)  588; 
L.R.A.1916C,  618. 

Effect  of  rule  in  Shelley's  Case  on  intent. 
29  L.R.A.(N.S.)    30"39. 

As  to  time  to  which  contingency  of  death 
of  legatee  or  devisee  without  child  or 
issue  on  which  a  gift  is  conditioned  is 
referable.     25  L.R.A. (N.S.)    1045. 

§65.  Evidence  as  to. 

Declarations  of  testator  as  admissible  on 
issue  of  his  intent  in  destroying  will. 
24  L.R.A.(N.S.)  180. 

Competency  of  scrivener  or  draftsman  to 
testify  to  his  own  or  the  testator's  in- 
tention.    38  L.R.A. (N.S.)    91. 

Admissibility  of  extrinsic  circumstances  in 
ascertaining  testator's  intention  as  to 
disinheriting  after  born  child.  13 
L.R-.A.(N.S.)    781. 

May  beneficiary  be  put  to  election  by  extrin- 
sic evidence  of  testator's  intention.  28 
L.R.A.(N.S.)  657. 

d.  Description  of  pr6perty   devised   or 
bequeathed. 

§   66.  Generally. 

Devises  or  bequests  in  severalty  of  un- 
designated parcels  of  property  to  dif- 
ferent persons.     41  L.R.A.  (N.S.)    1049. 

Failure  to  mention  or  identify  the  subject- 

^  matter  of  a  devise  or  bequest.     36 

L.R.A.(N.S.)    618. 

Bequest  of  "the  rest  of  my  money"  as  com- 
prehending entire  residuary  estate.  4 
B.  R.  C.  548. 

§   6  7.  Mistake  in  description. 

Parol  evidence  of  mistake  in  description  of 
land  devised.     16  L.R.A.  321. 

Correction  of  misdescription  of  land  in  will. 
6  L.R.A.  (N.S.)  943;  L.R.A.1915E, 
1008. 

e.  After  born  children  not  mentioned; 
disinheriting. 

§   68.  Generally. 

Capacity   of  after  born   child  to  take,  see 

infra,  §  70. 
Choice  of  remedy  of  pretermitted  heirs,  see 

Election  of  Remedies,  §  6. 


INDEX  TO  L.R.A.  NOTES. 


1395 


WILLS,  V.  e— cont'd 

Decrees  invalidating  Avills  affecting  I'ights 
of  persons  not  in  being.  8  L.R.A.  (N.S.) 
65. 

Omission  of  cliildren  from  will  as  affecting 
right  to  probate.    34  L.R.A.  (ks.)  966. 

Conflict  of  laws  as  to  disinheriting.  2 
L.R.A. (N.S.)  459. 

Admissibility  of  extrinsic  evidence  as  to 
wliether  omission  of  cliild  from  will  was 
intentional.     51  L.R.A. (N.S.)  646. 

Sufficiency  of  provision  as  to  after-born 
child  to  prevent  revocation  of  will. 
43  L.R.A.(N.S.)  1195. 

Admissibility  of  extrinsic  circumstances  in 
ascertaining  intention  of  testator  in  re- 
spect to  disinheriting  an  after  born 
child.      13    L.R.A.(N.S.)    781. 

Eight  of  adopting  parent  to  disinherit 
adopted  child.    L.R.A. 191GD,  424. 

Kight  to  disinherit  illegitimate  or  legiti- 
mated child.     L.R.A.1918A,   45. 

/.  Description    of    hetieflciavies;    who 
may  take. 

§   69.  Generally. 

iPevise  to  one  and  his  heirs,  issue,  children, 

etc.,  see  infra,  §  82. 
Estate    taken    under    gift    to    several,    see 

infra,   §§   96-98. 
Hight  of  one  committing  homicide  to  take 

under  will  of  victim,  see  Descent  and 

Distribution,  §  8. 

Meaning  of  term  '"natural  heirs."  45  L.R.A. 
(N.S.)    1103. 

Meaning  of  devise  to  "nearest  male  heirs." 
7  B.  R.  C.  982. 

Does  widow  come  within  the  term  "heirs." 
L.R.A.1918A,  1108. 

Meaning  of  "next  of  kin."     15  L.R.A.  300. 

Right  of  persons  claiming  through  de- 
ceased relative  to  participate  with 
those  standing  in  equal  degree  of 
relationship  with  such  relative,  in 
provision  for  "next  of  kin,"  etc. 
28  L.R.A.(N.S.)    479. 

Do  terms  "child,"  "children,"  "issue,"  etc., 
in  a  will,  include  adopted  children.  27 
L.R.A.(N.S.)    1158;    L.R.A.1918B,   123. 

Right  of  adopted  children  under  will.  17 
L.R.A.  437. 

Who  takes  under  gift  to  "husband,"  "wife" 
or  "widow."     33  L,R.A.(N.S.)    816. 

Devise  or  bequest  to  one  described  as  "hus- 
band," "wife,"  or  "widow,"  as  affected 
by  illegality  or  nonexistence  of  mar< 
riage.     L.R.A.1971B,  1153. 

Who  are  relatives  or  relations.  13  L.R.A. 
37;   14  L.R.A.  342. 

Inheritance  by  illegitimate  under  will.  23 
L.R.A.  754. 

Enlargement  of  class  by  testator's  exclusion 
therefrom  of  persons  who  prima  facie 
would  not  fall  within  its  description. 
L.R.A.1916F,  790. 

<jHft  to  one  who  shall  have  rendered  speci- 
fied services  to  testator  or  another,  as 
void  for  uncertainty.  L.R.A.1917C, 
600. 

■Consult  also  L.R.A.  Digests  of  Cases. 


WILLS,  V.  f— cont'd 

Extrinsic  evidence  to  establish  identity  of 

legatee    or    devisee.      47    L.R.A. (N.S.) 

514. 

§7  0.  Unborn  children. 

Capacity  of  child  en  ventre  sa  mere  to  take 
under  devise  or  bequest  to  "chil- 
dren," etc.     1  B.  R.  C.  582. 

g.  Capacity  of  legatee  or  devisee;  re- 
strictions on  charitable  gifts. 

§   71.  Generally. 

Conflict  of  laws  as  to.  2  L.R.A.(N.S.) 
456. 

Applicability  of  statutes  limiting  time  or 
amount  of  bequests  or  devises  for  chari- 
table, educational,  or  other  specific  pur- 
poses, to  devise  or  bequest  to  an  in- 
dividual absolutely,  in  the  hope  that  he 
will  devote  it  to  such  purpose.  22 
L.R.A.  (N.S.)    1262. 

§  72.  Restriction  on  power  of  corpora- 
tion or  association  to  take. 

Conflict  of  laws  as  to.    2  L.R.A.(N.S.)  456. 

Effect  of  subsequent  incorporation  to  make 
valid  a  gift  to  an  unincorporated  as- 
sociation.    14  L.R.A.  410. 

Validity  of  bequest  to  corporation  of  its 
own  stock.     18  L.R.A.  255. 

§   73.  — who  may  question  power. 

Right  of  private  person  to  contest  power  of 
corporation  to  take  or  hold  property 
under  a  will.  32  L.R.A.  297:  46  L.R.A. 
(N.S.)    73. 

Right  to  question  power  of  corporation  to 
take  by  will  property  in  excess  of  its 
charter  authority.  9  L.R.A.  ( N.S. )  689 ; 
44  L.R.A.(N.S.)  544. 

Who  maj'  take  advantage  of  statute  ren- 
dering foreign  corporation  incapable 
of  taking  title  to  real  estate.  33  L.R.A, 
(N.S.)  355, 

h.  What  property  passes. 

§   74.  Generally. 

What  property  passes  under  deed,  see 
Deeds,  §§  21-27. 

What  is  appurtenant  to  land  for  the  pur- 
poses of  wills.     15  L.R.A.  654. 

Devise  or  bequest  of  property  as  passing 
good  will  of  business  conducted  in  con- 
nection with  such  property.  16  L.R.A. 
(N.S.)   240. 

What  passes  under  devise  or  bequest  of 
store,  shop,  or  business.  L.R.A.1917D, 
435. 

Devise  as  carrying  visible  easement.  38 
L.R.A.(N.S.)    882. 

Meaning    of    word    "effects"    in    a    will. 
L.R.A.1918F,  769. 
Real  estate  as  "effects"  in  a  will.  12 
L.R.A.  ( N.S. )      661 ;     L.R.A.1918F, 
775. 

Where,  by  the  provisions  of  a  will,  upon 
the  failure  of  a  gift  of  a  share  in  the 
residue  the  share  is  to  fall  back  into 
the  residue,  does  it  become  intestate 
property  to  the  extent  of  the  propor- 
tionate share  of  the  first  taker  thereof. 
3  B.   R.   C.   156. 


1396 


INDEX  TO  L.R.A.  NOTES. 


WILLS,  V.  li— cont'd 

Bequest  of  "the  rest  of  my  money"  as  com- 
prehending entire  residuary  estate.  4 
B.  R.  C.  .548. 
I>o  stock  dividends  or  dividends  in  stock  of 
other  corporations  declared  before  tes- 
tator's death,  pass  to  legatee  of  original 
stock.  L.R.A.1918B,  666. 
Construction  of  word  "things"  as  used  in 

devise  or  legacy.     L.R.A.1918A,  222. 
Sufficiency  of  bequest  to  pass  bank  deposit. 

5  B.  R.  C.  539. 
What  passes  under  bequest  of  contents  of, 
or  property,  effects,  etc.,  contained 
in,  a  place  or  receptacle.     L.R.A. 
1915C,  653. 
When  will  tflie  appointment  of  a  "residuary 
legatee"  amount  to  a  gift  of  undis- 
posed of  realty.     5  B.  R.  C.  141. 
Devolution  of  lapsed  legacy  or  devise  where 
will  contains  residuary  clause.     44 
L.R.A.  (N.S.)   789. 

§   7  5.  Right  to  proceeds  of  land  under 

Generally.    58  L.R.A.  719. 

Land  voluntarily  conveyed  by  testator.     68 

L.R.A.  720. 
Land    taken    from    testator    by   compulsory 

proceedings.     58  L.R.A.  720. 

i.  Partial  intestacy. 

§   7  6.  Generally. 

Election  to  take  under  will  as  affecting 
right  to  take  property  not  disposed  of 
by  will.    L.R.A.1917D,  762. 

j.  Nature  of  estate  or  interest  created. 

1.  In  general. 

§   7  7.  Generally. 

Under  deed,  see  Deeds,  §§  28-31. 
As  to  trusts  generally,  see  Trusts. 
Creation  of  trust  by  will,  see  Trusts,  II. 

Meaning  and  effect  of  term  "lend"  or  "loan" 
employed  in  will.  L.R.A.1915D, 
497. 

Necessity  of  word  "heirs"  in  devise  in  trust 
to  pass  fee  to  trustee.  2  L.R.A.  (N.S.) 
172. 

Right  of  husband  under  a  devise  and  be- 
quest to  others  subject  to  the  "legal 
rights"  of  the  husband.  2  L.R.A.  (N.S. ) 
1193. 

Expression  of  intent  to  make  provision  for 
family  as  affecting  estate  taken  by 
beneficiaries  of  trust  in  absence  of  any 
express  definition  thereof.  17  L.R.A. 
(N.S.)  1215. 

Effect  of  reference  to  extrinsic  document  to 
control  or  modify  the  character  of  the 
estate  that  would  otherwise  pass  under 
instrument.     8  L.R.A.  (N.S.)  1038. 

2.  Repugnancy. 

§   7  8.  Generally. 

Devise  absolutely;  effect  of  subsequent  gift 
over.      5   L.R.A.  (N.S.)    323. 


WILLS,  V.  j,  2— cont'd 

Effect  of  videlicit  following  devise  to  re- 
strict estate  given  to  first  taker.  35 
L.R.A.  (N.S.)   191. 

Validity  of  restraint  on  the  alienation  of 
a  fee'  simple  during  a  limited  time. 
3  L.R.A.  (N.S.)   668. 

Validity  of  restraints  on  alienation  of  legal 
life  estates.     L.R.A.1918E,   571. 

3.  Life  or  fee. 

§   79.  Generally. 

Effect  of  repugnant  clause,  see  supra,  §  78» 
Under  deed,  see  Deeds,   §  29. 

Devise  or  bequest  to  one  and  liis  children  a» 
giving  the  children  an  estate  jointly  or 
in  common  with  the  parent,  or  a  re- 
mainder upon  a  life  estate  in  the  par- 
ent.    L.R.A.1917B,  49. 

§  80.  Power  to  consume  or  dispose  of 
chattels   consumable  by  use. 

Right  of  one  to  whom  estate  is  devised  for 
life,  with  power  to  consume,  to  convey 
a  good  title.     13  L.R.A. (N.S.)    458. 

Power  of  disposition  bestowed  on  devisee  as. 
indicative  of  quantum  of  estate  intend- 
ed to  be  devised.     18  L.R.A.  (N.S.)  463^ 

Effect  of  bequest  for  life  of  chattels  con- 
sumable in  the  use.  16  L.R.A. (N.S. ) 
483. 

§  81.  — effect  of,  on  remainder  over 
after  life  estate. 

Power  to  create  remainder  after  life  estate 

with    absolute    power    of    disposal. 

6    L.R.A. (N.S.)     1186;    39    L.R.A. 

(N.S.)    805.  . 

Remainder  after  devise  or  bequest  for  life 

with    power    of    disposition.      1    L.R.A. 

(N.S.)    782. 

4.  Rule  in  Shelley's  Case. 

§   82.  Generally. 

Rule  in  Shelley's  Case  as  applied  to  deeds,, 
see  Deeds,  §  30. 

As  affecting  estate  by  entireties.    30  L.R.A. 

312. 
The  facts   and   the   law   of  Shelley's   Case. 

29   L.R.A.(N.S.)    968. 
Definitions  of  term  used.     29  L.R.A. (N.S.) 

970. 
Varying  statements  of  the  rule.     29  L.R.A.. 

(N.S.)   973. 
Antiquity  of  the  rule;  Perrin  v.  Blake  con- 
troversy.    29  L.R.A.(N.S.)  977. 
Supposed    objects    of   the   rule.      29    L.R.A. 

(N.S.)    979. 
Reasonableness    of   rule.      29    L.R.A. (N.S.) 

988. 
Operation   and    effect   of   rule.      29    L.R.A. 

(N.S.)   993. 
Requisites  of  rule.     29  L.R.A. (N.S.)    1000. 
Estates  to  which   rule  applies.     29   L.R.A. 

(N.S.)   1021. 
Application    of    rule    to    wills    and    deeds. 

29  L.R.A. (N.S.)    1038. 
Effect  of  rule  on  intention.    29  L.R.A. (N.S.) 

1039. 
Unqualified    limitations.      29    L.R.A. (N.S.) 

1069. 


Begin  icith  this  boolc  on  every  law  question. 


INDEX  TO  L.R.A.  NOTES. 


1397 


AYILLS,  V.  j,  4— cont'd 

-Qualified  limitations.  29  L.R.A.(N.S.)   1077. 

Limitations    over.      29    L.R.A.(N.S.)     1110. 

Limitations  to  children.  29  L.R.A.  (N.S.) 
]123. 

Miscellaneous  limitations.  29  L.R.A. (N.S.) 
1134. 

Executory  trusts.  29   L.R.A.  (N.S.)    1136. 

Application  of  rule  to  limitations  of  per- 
sonal property.   29   L.R.A.  (N.S.)    1146. 

Abolition  of  rule  by  statute.  29  L.R.A. 
(N.S.)    1158. 

(Conveyance  of  fee  by  devise  to  one  and  his 
or  her  child  or  children.  4  L.R.A. 
(N.S.)   948. 

"'Children"  as  word  .of  purchase  or  limita- 
tion.    12  L.R.A.(M.S.)    283. 

EflTect  upon  rule  in  Shelley's  Case,  of  e.\- 
press  prohibition  against  conveyance  or 
encumbrance  of  property  by  life  tenant. 
7  L.R.A.(N.S.)   1109. 

Effect  of  provision  in  bequest  of  personalty 
that,  upon  the  death  of  the  first  taker, 
the  property  shall  go  to  his  "heirs,"  to 
create  an  absolute  title  in  him.  4 
L.R.A.(N.S.)    470. 

5.  Restrictions  and  conditions, 

§   83.  Generally. 

Contingent   interests,   see   infra,    §§    99-102. 

Character  of  estate  created  by  grant,  lease, 
or  devise  of  property  to  person  so  long 
as  he  shall  desire  to  live  upon  it,  or 
devote  it  to  a  particular  use.  21  L.R.A. 
(N.S.)  575. 

Character,  as  creating  a  condition  prece- 
dent or  subsequent,  of  testamentary 
provision  that  beneficiary  shall  as- 
sume or  use  a  certain  name.  7  B.  R. 
C.   192. 

Provision  in  devise  for  payment  of  a  sum  of 
money,  or  for  the  support  of  a  third 
person,  as  a  condition  subsequent  or  a 
condition  precedent.  L.R.A. 1917A, 
617. 

Validity  of  bequest  on  condition  of  adher- 
ing to,  or  renouncing,  particular  re- 
ligious l>elief.     5  L.R.A.  (N.S.)    804. 

Validity  of  provision  that  money  shall  be 
pavable  to  obligee  only  and  not  to  his 
estate.     17  L.R.A.  (N.S.)    1239. 

Effect  upon  remainder  of  forfeiture  of  life 
estate  for  breach  of  condition  subse- 
quent.   21  L.R.A. (N.S.)  605. 

Devises  or  bequests  conditioned  upon  di- 
vorce or  separation  or  limited  upon  its 
continuance.     49  L.R.A. (N.S.)    637. 

Devise  or  legacy  conditioned  on  conduct  of 
person  other  than  the  beneficiary. 
L.R.A.1918E,  372. 

:§  84.  Specifying  use  of  devise  to  re- 
ligious society. 

Effect  of  specifying  use  of  real  estate  in  de- 
vise to  religious  society.    11  L.R.A. 
(N.S.)   509. 
Effect  of  provision  directing  the  particular 
purposes  to  which  property  granted  or 
devised   to  or   for  the   benefit  of  a  re- 
ligi'nis  or  charitable  organization  shall 
be   devoted.      7   L.R.A.  (N.S.)    1119. 
Consult  also  L.R.A.  Digests  of  Cases. 


WILLS,  V.  j,  5— cont'd 

§   85.  In  restraint  of  marriage. 

Construction  and   validity  of  restraints  on 

marriage.     4   B.  R.  C.  64. 
Validity  and  effect  of  conditions  requiring 
consent  to  marriage  of  legatee  or  dev- 
isee.    L.R.A.1917D,  468. 
Validity  of  provision  for  person  while  un- 
married.    2   L.R.A. (N.S.)    545. 
Meaning  of  words  "unmarried,"  and  "with- 
out having  been  married,"  in  will.     15 
L.R.A.  292. 
Validity    and    construction    of    conditions 
against  marriage   with   a  certain   per- 
son, or  a  particular  class  of  persons. 
L.R.A.1917A,  44. 
Validity  as  affected  by  fact  that  the  gift 
to  which  it  relates  is  to  a  daughter  or 
other  female  relative.    49  L.R.A. (N.S. ) 
606. 
Validity  of  condition   in  restraint  of  mar- 
riage  as    affected    by   fact   that   a 
breach  entails  only   a  partial  for- 
feiture.    49  L.R.A. (N.S.)   627. 
Provision    in    restraint    of    marriage    in    a 
deed  or  will  as  a  condition  or  a  limi- 
tation.   49  L.R.A. (N.S.)  615. 
Effect  of  testamentary  provision  restricting 
widow  to  enjoyment  during  widow- 
hood, upon  quantum  of  estate  tak- 
en by  her.     28  L.R.A. (N.S.)   1093; 
L.R.A.1918C,  861. 

§  86.  Provision  for  forfeiture  by  con- 
testing. 

Validity  of  the  condition.    68  L.R.A.  447. 

Operation.     68  L.R.A.  449. 

Exceptions  to  operation.     68  L.R.A.  451. 

What  amounts  to  breach  of  condition.  68 
L.R.A.  454;  21  L.R.A.(N.S.)  953; 
39    L.R.A.(N.S.)     1160. 

What  amounts  to  a  contest  within  forfei- 
ture clause  in  will.  21  L.R.A. (N.S.) 
953;   39  L.R.A.(N.S.)   1160. 

Parties  entitled  to  assert  forfeiture.  68 
L.R.A.  455. 

Waiver  of  forfeiture.     68  L.R.A.  455. 

Condition  against  contest  in  connection 
with  the  doctrine  of  election.  68  L.R.A. 
456. 

§   87.  Restraint  on  alienation. 

Repugnancy  between  gift  of  fee  and  re- 
straint on  alienation,  see  supra,  §  78. 

Restriction  of  alienation  as  affected  by  rule 
against  perpetuities  or  suspension  of 
alienation,  see  Perpetuities. 

Validity  of  limitation  upon  power  of  aliena- 
tion imposed  upon  devise  of  equit- 
able estate  to  married  woman.     28 
L.R.A.(N.S.)      426;      L.R.A.1917A, 
679. 
Validity  of  restraint  on  alienation  of  a  fee 
simple  during  a  limited  time.    3  L.R.A. 
(N.S.)    668. 
Validity  of  restraints  on  alienation  of  legal 

life  estates.     L.R.A.1918E,  571. 
Effect  on  prior  takers  of  failure  to  gift  be- 
cause it  violates  the  rule  against  per- 
petuities.    20  L.R.A.  509. 


3398 


INDEX  TO  L.R.A.  NOTES. 


WILLS,  V.  j,  5— cont'd 

§   88.  Satisfaction  of  condition. 

Will  court  determine  whether  condition  in 
devise  or  bequest  as  to  good  conduct  or 
character  of  beneficiary  has  been  satis- 
fied, where  that  duty  has  been  imposed 
on  no  one  else.     25   L.R.A.(N.S.)    424. 

Right  of  court  to  control  discretion  vested 
by  will  in  one  person  to  determine 
whether  or  when  another  is  fit  to  re- 
ceive legacy  or  devise.  25  L.R.A.  (N.S.) 
421. 

Performance  of  condition  in  restraint  of 
marriage.    4  B.  R.  C.  190. 

§   89.  Involuntary  breach  of  condition. 

Effect  of  fact  that  breach  of  condition  in 
devise  or  legacy  relating  to  con- 
duct of  legatee  or  devisee  is  in- 
voluntary on  latter's  part.  27 
L.R.A.(N.S.)  684;  L.R.A.1915A,  91. 

§  90.  Relief  against  forfeiture. 

Equitable  relief  against  forfeiture  of  de- 
vise on  condition  of  support.  69  L.R.A. 
841. 

Equitable  relief  against  forfeiture  of  devise 
on  condition  of  pavment  of  money.  69 
L.R.A.  842. 


6.  Remainders, 

g   91.  Generally. 

Effect  of  power  of  disposal  on  remainder 
over  after  life  estate,  see  supra,  §  81. 

Under  rule  in  Shellev's  Case,  see  supra, 
§  82. 

Contingent  remainders,  see  infra,  §  101. 

Devise  or  bequest  to  one  and  his  children 
as    giving    the    children    a    remainder 
upon    a    life    estate    in    the    parent. 
L.R.A.1917B,  49. 
Character  of   remainder   created   by   grant 
or  devise  to  one  for  life,  with  re- 
mainder to  his  children  who  may 
survive     him.       25     L.R.A.  (N.S.) 
888. 
EflTect   on   remainder   of   forfeiture    of   life 
estate   for  breach   of   condition    subse- 
quent.    21  L.R.A.(N.S.)   605. 
EflFect  of  invalidity  of  bequest  of  life  estate 
occasioned  by  interest  of  attesting  Avit- 
ness  upon  rights  of  persons  entitled  to 
remainder.     4  B.  R.  C.  710. 


7.  Limitations;  limitations  over;  execu- 
tory devises. 

§  92.  Generally. 

Under  rule  in  Shelley's  case,  see  supra,  §  82. 
Limitations   in   devise  or  bequest  to  class, 
see  infra,  §  97. 

Limitations  of  estate  on  probate  of  will  as 

violation   of   rule   against  perpetuities. 

10  L.R.A.(N.S.)   564. 
Provision    in    restraint    of    marriage    as    a 

limitation.      49    L.R.A.(N.S.)     615;     4 

B.  R.  C.  128. 
Begin  ivitJi  this  hooTc  on  every  law  question 


WILLS,  V.  j,  7— cont'd 
§   93.  Limitations  over. 

Under  rule  in  Shellev's  case.  29  L.R.A.  (N^ 
S.)    1110. 

Validity  of  devise  over  upon  indefinite  ces- 
sation of  lineal  descendants  of  first  tak- 
er.    3  L.R.A. (N.S.)   3143. 

EflTect  on  absolute  gift  of  fee  of  failure  for 
remoteness  of  limitation  over.  20- 
L.R.A.  509. 

Necessity  that  share  be  actually  paid  or 
conveyed  to  first  taker  before  his  death 
in  order  to  defeat  a  gift  over,  or  sub- 
stitutional gift  dependent  upon  the 
death  of  the  first  taker  before  receipt 
or  payment  of  share.  8  L.R.A. (N.S.) 
180. 

Devise  or  bequest  limitetl  upon  continuance 
of  divorce  or  separation.  49  L.R.A. 
(N.S.)    637. 

Effect  of  limitation  over  in  case  the  person 
to  whom  property  is  given  in  the  first, 
instance  dies  without  lineal  descend- 
ants, issue,  children,  heirs  of  the  body,, 
etc.,  to  give  to  his  issue  an  interest  by 
implication  by  way  of  remainder,  execu- 
tory devise,  or  substitutional  gift.  51 
L.R.A. (N.S.)   485. 

g   94.  Executory  devise. 

Effect  of  limitation  over  in  case  the  person 
to  whom  property  is  given  in  the  first 
instance  dies  without  lineal  descend- 
/  ants,  issue,  children,  heirs  of  the  body, 
/  etc.,  to  give  to  his  issue  an  inter.-st  by 
implication  bv  wav  of  executorv  devise. 
41    L.R.A.  (N.S.)    485. 

Limitation  to  heirs  under  rule  in  Shelley's- 
case  bv  executory  devise.  29  L.R.A.  (N, 
S.)    1011. 

8.  Income  or  support. 

§   95.  Generally. 

As  to  life  tenants  generally,  see  Life  Ten- 
ants. 

Testamentary  annuity  as  payable  out  of 
corpus  or  income.     L.R.A.1917E,  580. 

Apportionment,  as  between  life  tenant  and 
remainderman,  of  income  from  secu- 
rities which  the  trustee  must  or  may 
convert.     6  B.  R.  C.  207. 

Effect  of  annexing  to  valid  devise  invalid 
direction  as  to  accumulation  of  income 
to  defeat  gift.    20  L.R.A.  514. 

Duty  of  devisee  of  income  to  ])ay  taxes.  32 
L.R.A.  755. 

Right  to  intermediate  income  under  bequest 
to  persons  who  come  into  existence 
after  the  death  of  the  testator. 
L.R.A.1916F,  800. 

Provision  in  devise  for  payment  of  a  sum 
of  money,  or  for  the  support  of  a  third 
person,  as  a  charge,  a  condition  sub- 
sequent, or  a  condition  precedent. 
L.R.A.1917A,  6i;. 

May  provision  in  a  will  for  support  of  a 
person  which  is  made  a  lien  or  charge 
upon  property  devised  or  bequeathed  to 
others  be  reached  bv  his  creditors.  23 
L.R.A.(N.S.)   ,526. 


INDEX  TO  L.R.A.  NOTES. 


1399 


WILLS,  V.  j,  8— cont'd 

Remedy  for  enforcement  of  legacy  for  sup- 
port when  charged  on  devise.  30 
L.RA.(N.S.)  824. 

Right  of  estate  of  one  entitled  by  will  or 
statute  to  an  allowance  for  support 
and  maintenance  to  accumulations  un- 
drawn and  unexpended  at  time  of  her 
death.     9  L.R.A.  (N.S.)   997. 

9.  Interest  oj  several, 

§  96.  Generally. 

When  may  a  testamentary  gift  be  consid- 
ered as  one  to  a  class.  L.R.A.1918B, 
234;  7  B.  R.  C.  784. 

Bequest  to  a  class  one  of  whom  died  before 
the  execution  of  the  will.  2  L.R.A. 
(N.S.)    580. 

By  what  law  members  of  class  to  whom  tes- 
tamentary gift  is  made  are  to  be  as- 
certained.   2  B.  R.  C.  557. 

Effect  of  invalidity  of  bequest  occasioned  by 
interest  of  attesting  witness  upon  rights 
of  persons  jointly  or  subsequently  en- 
titled thereto.    4  B.  R.  C.  710. 

Where  by  the  provisions  of  a  will,  upon  the 
failure  of  a  gift  of  a  share  in  the  resi- 
due the  share  is  to  fall  back  into  the 
residue,  does  it  become  intestate  prop- 
erty to  the  extent  of  the  proportionate 
share  of  the  first  taker  thereof.  3  B. 
R.  C.   156. 

§  97.  Time  for  determination  of  per- 
sons taking. 

Time  for  ascertaining  members  of  class  de- 
scribed as  testator's  "heirs,"  "next 
of  kin,"  "relations,"  etc.,  to  whom 
an  estate  in  real  or  personal  prop- 
erty is  limited  by  way  of  remain- 
der or  executory  gift.  33  L.R.A. 
(N.S.)    1. 

§  98.  Distribution  per  stirpes  or  per 
capita. 

Gift  to  persons  not  designated  by  name 
but  by  general  description,  and  as  be- 
ing living  at  a  certain  time  prior  to 
testator's  decease,  &s  a  gift  to  indi- 
viduals or  to  a  class.  34  L.RA.(N.S.) 
945. 


10.  Vested  or  contingent  interests. 

g   99.  Generally. 

Contingency  in  gift  to  class,  see  supra,  §  97. 

Doctrine  as  to  possibility  of  issue  extinct  as 
affecting  devise  or  legacy.  48  L.R.A. 
(N.S.)  C65. 

§  99a.  Provision  contemplating  the  at- 
tainment of  a  certain  age  as  rend- 
ering   gift   contingent. 

Circumstances  supporting  or  varying  impli- 
cation    of     contingency.       L.R.A. 
1915C,  1022. 
Tlie  decisions  considered  with  reference  to 
the  sufficiency  of  the  context  to  vest  the 
gift  immediately.    L.R.A.1915C,  1072. 
Constat  also  L.R.A.  Digests  of  Cases, 


WILLS,  V.  j,  10— cont'd 

Legacies  charged  on  real  estate.  L.R.A. 
1915C,  1072. 

Contingency  as  a  constituent  part  of  the 
description  of  the  legatee  or  devisee. 
L.R.A.1915C,  1076. 

Appendix  A.  Cases  which  turn  upon  exist- 
ence of  an  antecedent  gift,  apart  from 
direction  to  pay,  convey  or  divide. 
L.R.A.1915C,  1085. 

Appendix  B.  Cases  as  to  suflSciency  of  the 
context  to  overcome  implication  of  con- 
tingency.    L.R.A.1915C,  1102. 

§  100.  Time  to  which  contingency  is 
referable. 

Time    of   vesting   of    remainder,   see   infra, 

§   102. 

Does   contingency   of   death   without   issue, 
children,  etc.,  import  their  survival  of 
first  taker.     37  L.R.A. (N.S.)   164. 
To  what  time  is  the  contingency  of  death  of 
a  legatee  or  devisee  without  child 
or  issue,  upon  which  a  gift  is  con- 
ditioned,     referable.       25      L.R-A. 
(N.S.)    1045. 

§   101.  Remainders. 

Expectant  and  contingent  interest  in  real 
property  as  subject  of  attachment  or 
levy,    30  L.R.A.(N.S.)   315. 

Contingent  remainder  as  subject  of  devise 
by  remainderman.  21  L.R.A.  (N.S. > 
121. 

Effect  of  union  of  life  estate  and  remote 
remainder  or  reversion  iu  the  same  per- 
son, upon  intermediate  contingent  re- 
mainder.    7  L.R.A.(N.S.)  433. 

Will  remainder  contingent  upon  child  sur- 
viving parent  vest,  upon  death  of  par- 
ent during  lifetime  of  child,  but  before 
the  determination  of  a  precedent  estate 
outstanding  in  a  third  person.  30 
L.R.A.(N.S.)   908. 

Creation  of  vested  remainder  notwithstand- 
ing life  tenant's  power  to  dispose  of 
property.     1   L.R.A.  (N.S.)    1005. 

Character  of  remainder  as  affected  by  direc- 
tion that  children,  etc.,  of  deceased  re- 
mainderman, sliall  take  their  parent'* 
share.     37  L.R.A. (N.S.)   728. 

Character  of  remainder  created  by  grant 
or  devise  to  one  for  life,  with  remain- 
der to  his  children  who  may  survive 
him.     25  L.R.A. (N.S.)    888. 

Character  of  remainder  created  by  devise 
thereof  to  certain  persons,  "or  as 
many  of  them  as  may  be  living  at  the 
time;"  "to  such  of  [a  class  or  group] 
as  may  be  living;"  or  with  other  forms 
of  expression  importing  survivorship. 
L.R.A.1917D,  601. 

Testamentary  gift  in  the  form  of  a  direction 
to  pay,  to  divide,  or  to  convey  as  con- 
tingent on  survival  of  the  time  of  pay- 
ment or  conveyance.  L.R.A.19i8E^ 
1097. 

§   102.  —time  of  vesting. 

Suspending  time  of  vesting  estate;  when 
estates  vest;  rule  which  governs.  ft 
L.R.A.  215.» 


3400 


INDEX  TO  L.R.A.  NOTES. 


WILLS,  V.  j,  10— cont'd  |  WILLS,  V,  cont'd 

Construction  of  will  as  to  time  of  vesting  j 

of  estate.     1  L.R.A.  433.*  I.  Acceptance;    election;    renuncicUion. 


1c.  Rights  and  preferences  of  legatees; 
enforcement;  payment;  garnish- 
ment. 

§   103.  Rights  of  legatees  generally. 

Right  of  legatee  to  dividends  on  stock.  45 
L.R.A.  393. 

Eight  of  legatee  for  whose  benefit  the  pur- 
chase of  annuity  is  directed  to  receive 
principal  in  lieu  thereof.  33  L.R.A. 
(N.S.)  979. 

Heating  apparatus  as  part  of  realty  where 
rights  of  devisee  are  involved.  1  B.  R. 
C.  9S2. 

Eight  of  devisee  or  legatee  to  attack  con- 
veyance or  transfer  by  testator.  30 
L.R.A.{N.S.)   194. 

Eight  of  one  claiming  through  devisee  to 
protection  against  unrecorded  convey- 
ance by  ancestor  or  his  personal  repre- 
sentative.    34  L.E.A.(N.S.)   328. 

§    104.  Interest  on  legacy. 

Personal  liability  of  executor  or  adminis- 
trator to  distributees  for  interest  dur- 
ing litigation  involving  construction 
and  interpretation  of  will.  31  L.R.A. 
(N.S.)   357. 

Conflict  of  laws  as  to.    2  L,ILA.(N,S.)  468. 

§   105.  Preference  between  legacies. 

Is  a  legacy  given  to  a  creditor  in  satisfac- 
tion of  his  debt  entitled  to  priority  over 
other  legacies  of  same  class,  2  B.  R.  C. 
509. 

Eight  of  devisee  to  completion  of  improve- 
ments at  the  expense  of  the  state.  36 
L.R.A.(N.S.)    303. 

Eight  of  devisee  of  incumbered  property  to 
exoneration  at  expenses  of  legatee.  3 
L.R.A.(N.S.)  898. 

§    106.  Enforcement. 

Eemedies  for  enforcement  of  legacy  when 
charged  upon  devise.  30 
L.R.A. (N.S.)  815. 

§   107.  —action  to  recover  l^acy. 

Legatee  or  devisee  as  real  party  in  interest 
by  whom  action  must  be  brought.  64 
L.R.A.  611. 

S  108.  Payment  or  enjoyment  of  leg- 
acy. 

Acceleration  of  enjoyment  by  election,  see 

infra,  §  115. 

Effect  of  executor's  promise  as  to  payment 
of  legacy  upon  trust  relations  with 
legatee.    9  L.R.A.(N.S.)  214, 

8   109.  Garnishment  of  legacy. 

Garnishment    of    residuarv    legacies   before 

settlement.     59  L.R.A.  387. 
Garnishment  of  husband's  interest  in  wife's 

l^acy     or     distributive     share.       47 

L.R.A.  360. 


Begin  xcith  this  hoolc  on  every  laic  question. 


§    110.  Generally. 

What  constitutes  election  to  take  undei  or 
against  will.  49  L.R.A.  (N.S.) 
1072. 

Election  bv  legatee,  conflict  of  law  as  to. 
2  L.R.A.  (N.S.)   459. 

General  principle  that  one  accepting  benefit 
under  will  ratifies  other  provisions  of 
will.     13  L.R.A.  507. 

Mode  and  effect  of  renouncing  benefit  under 
will.     19  L.R.A. (N.S.)    595. 

Allowing  specified  time  for  election  to  take 
under  devise  or  bequest  as  violation  of 
rule  against  perpetuities  or  suspension 
of  power  of  alienation.  26  L.R.A. 
(N.S.)   825. 

Condition  in  will  for  forfeiture  of  interest 
by  any  contesting  beneficiary  in  con- 
nection with  doctrine  of  election.  68 
L.R.A.  456. 

Devise  or  bequest  of  property  in  which  tes- 
tator had  but  a  part  interest  as  put- 
ting co-owner,  who  is  a  beneficiary,  to 
his  election.     30  L.R.A.(N.S.)   644. 

May  beneficiary  be  put  to  his  election  by 
extrinsic  evidence  of  testator's  inten- 
tion.    28  L.R.A. (N.S.)    657. 

Necessity  of  electing  between  claiming  own 
property  which  the  will  attempts  to 
dispose  of,  and  a  legacy  or  devise  in 
lieu  of  dower  or  other  fixed  right.  42 
L.R.A.(N.S.)    1127, 

When  beneficiary  deemed  to  have  elected  to 
take  under  a  will  assuming  to  dispose 
of  his  property,     4  L.R.A. (N.S.)    1065. 

§   111.  TITio  may  elect. 

For  widow,  see  infra,  §   113. 

Power  of  personal  representative  to  elect, 

see    ExECUTOBS    and  Admixistratobs, 

§  18. 

Right  of  one's  creditors  or  personal  repre- 
sentatives to  make  or  control  election 
for  or  against  a  will,  or  between  dif- 
ferent provisions  of  a  will  or  statute. 
11  L.R.A.(N.S.)  379. 

Right  of  devisees  to  make  or  control  ejec- 
tion for  or  against  a  will  or  between 
different  provisions  of  a  will  or  stat- 
ute.    11  L.R.A.(N.S.)  382. 

§   112.  Between    dower   and   provision 
in  will. 

Effect  of,  see  infra,  §§  114,  115. 

By  widow  between  provisions  of  will  and 
other  rights.     18  L.R.A.(N.S.)   272. 

Conflict  of  laws  as  to.  2  L,E,A.(N,S,)  459; 
L.R.A.1915F,  680. 

Effect  on  legacy  in  lieu  of  dower,  of  widow's 
death  during  period  for  election.  2 
L.R.A.(N.S.)    959. 

Apportionment  of  annuity  created  and  ac- 
cepted in  lieu  of  dower.     63  L.R.A.  625. 

Necessity  of  electing  between  claiming  own 
property  which  the  will  attempts  to  dis- 
pose of,  and  a  legacv  or  devise  in  lieu 
of  dower.     42  L.R.A. (N.S.)    127. 


INDEX  TO  L.R.A.  NOTES. 


1401 


WILLS,  V.  1— cont'd 

§   113.  —  who  may  elect  for  widow. 

Who  may  elect  against  a  will  on  behalf  of 
an  insane  widow.  17  L.R.A.  296;  35 
L.R.A.(N.S.)  1210;  49  L.R.A.  (N.S.) 
1108. 

§    114.  Effect  of  election. 

Effect  on  third  person  of  widow's  election 
to  take   against  Avill.      14  L.R.A.   293. 

Eflfect  of  spouse's  election  to  take  against 
will  upon  rest  of  will.  27  L.R.A. (N.S.) 
602. 

Election  to  take  under  will  as  affecting 
right  to  take  property  not  disposed  of 
by  will.    L.R.A.1917D,  762. 

Effect  of  election  in  one  jurisdiction  for  or 
against  the  provisions  of  a  will,  upon 
riglit  to  elect  as  to  property  situated 
in  anotlier  jurisdiction.    3  B.  R.  C.  519. 

Effect  of  provision  in  will  for  equitable  con- 
version on  wife's  dower  or  distributive 
share  where  the  will  makes  no  provision 
for  her  or  she  renoimces  such  provision. 
22  L.R.A.(N.S.)   285. 

Statute  of  limitations  applicable  to  actions 
to  enforce  implied  promise  arising  from 
acceptance  of  devise  chargeable  with 
payment  of  legacy.  8  L.R.A. (N.S.) 
393. 

§   115.  —  acceleration  by. 

Acceleration  of  remainder  by  renunciation 
of  life  estate.  L.R.A.1915A,  671; 
L.R.A.1918B,  64. 
Widow's  renunciation  of  life  estate.  18 
L.E.A.(N.S.)  272;  L.R.A.1918B, 
64. 

m.  Equitable  conversion, 

§    116.  Generally. 

Equitable  conversion  generally,  see  Equit- 
able CONVEBSION, 

Conflict  of  laws  as  to.    2  L.R.A.(N.S.)  457. 

Doctrine  of  equitable  conversion  in  relation 
to  succession  tax.  1  L.R.A. (N.S.)  400; 
19  L.R.A.(N.S.)   290. 

When  is  there  such  a  failure  of  testator's 
purpose  or  object  as  to  preclude  the 
application  of  the  doctrine  of  equitable 
conversion.     20  L.R.A. (N.S.)    117. 

Conversion  by  directing  sale  after  devising 
land.     39  L.R.A.(N.S.)   817. 

§    117.  Effect  of. 

Law  governing  effect  of.  2  L.R.A.(N.S.) 
432. 

Effect  of  provision  in  will  for  equitable  con- 
version upon  wife's  dower  or  distribu- 
tive share,  where  the  will  makes  no  pro- 
vision for  her,  or  she  renounces  such' 
provision.    22  L.R.A. (N.S.)  285. 

Doctrine  of  equitable  conversion  as  affecting 
one's  right  to  sign  consent  or  remon- 
strance as  landowner.  50  L.R.A. (N.S.) 
32. 

Consult  also  L.R.A.  Digests  of  Cases. 


WILLS,  V.  m— cont'd 

§    118.  As  of  what  time. 

As  of  what  time  conversion  takes  place  un- 
der direction  to  sell  real  property  which 
postpones  sale  to  definitely  ascertain- 
able time  subsequent  to  testator's 
death.     20  L.R.A. (N.S.)   65. 

n.  Charge  on  donee  or  land  devised. 

§    119.  Generally. 

Testamentary  annuity  as  payable  out  of 
corpus  or  income.     L.R.A.1917E,  580. 

General  directions  in,  to  pay  debts,  as  charg- 
ing homestead.     44  L.R.A. (N.S.)    1177. 

Remedies  for  enforcement  of  legacy  when 
charged  on  devise.  30  L.R.A.  (N.S.) 
815. 

Debt  charged  against,  or  owed  to  testator 
by,  a  devisee  as  a  charge  against  per- 
son taking  the  property  devised  in  suc- 
cession or  by  substitution.  L.RJ\.. 
1917D,  567. 

Provision  in  devise  for  payment  of  a  sum 
of  money  or  for  the  support  of  a  third 
person  as  a  charge,  a  condition  subse- 
quent, or  a  condition  precedent. 
L.R.A.1917A,  617. 

May  provision  in  will  for  support  of  a  per- 
son, which  is  made  a  lien  or  charge  up- 
on property  devised  or  bequeathed  to 
others  be  reached  by  his  creditors.  23 
L.R.A.  (N.S.)    526. 

Statute  of  limitations  applicable  to  action 
to  enforce  an  implied  promise  arising 
from  acceptance  of  devise  chargeable 
with  payment  of  legacy.  8  L.R.A. 
(N.S.)    393. 

Admissibility  of  extrinsic  evidence  for  pur- 
pose of  charging  property  with  pay- 
ment of  legacies  or  debts  where  the  will 
is  silent  on  that  point.  19  L.R.A. 
(N.S.)   457. 

o.  Lapsing;  ademption;  advancements; 
abatement;  revocation. 

§    120.  Lapsing. 

Conflict  of  laws  as  to.     2  L.R.A. (N.S.)  467. 

Effect  of  death  of  beneficiary  of  testamen- 
tary gift  of  an  annuity,  before  its  pur- 
chase.    2  B.  R.  C.  909. 

Effect  of  statutes  designed  to  prevent  laps- 
ing of  testamentary  provisions  upon 
death  of  beneficiary  in  testator's  life- 
time to  render  the  property  bequeathed 
twice  liable  to  legacy  or  inheritance  tax. 
5  B.  R.  C.  857. 

Devolution  of  lapsed  legacy  or  devise  where 
will  contains  residuary  clause.  44 
L.R.A.(N.S.)   789. 

Lapsing  of  gift  in  form  of  direction  to  pay 
or  divide  in  case  of  death  of  legatee 
before  gift  takes  effect  in  possession. 
L.R.A.1918E,  1098. 

§    121.  Ademption. 

Liability    of    bequest    of    stocks,   bonds,    or 

notes   to   ademption.     11    L.R.A.(N.S.) 

63-82. 
Gift  to  one  spouse  by  parent  of  the  other 

as   ademption.     26   L.R.A. (N.S.)    1050. 
Power  of  guardian  or  conservator  to  adeem 

legacy.     28  L.R.A. (N.S.)    401. 


1402 


INDEX  TO  L.R.A.  NOTES. 


WILLS,  V.  o— cont'd 

§    12  2.  —of  specific  legacy. 

Disi)osul,  loss,  or  destruction  of  subject-mat- 
ter, or  payment  of  debt,  as  ademp- 
tion of  specific  legacy  or  devise.  40 
L.E.A.(N.S.)  542. 
Change  in  subject-matter  or  substitution  of 
other  property  as  an  ademption  of 
a   specific    legacy   or   devise.        40 
L.R.A.(N.S.)      553;     L.R.A.1918D, 
538. 
Collection  of  insurance  policy  during  life- 
time of  testator  as  ademption  of  spe- 
cific  legacy   thereof.      40   L.R.A.  (N.S.) 
561. 

§   123.  —of  general  legacy. 

Gift  by  testator  as  ademption  of  general 
legacy  to  donee.  38  L.R.A.(N.S.) 
688;   L.R.A.1916C,  618. 

§   124.  Advancements. 

Advancements    by    testator,    see    Advance- 

,    MENTS. 

§   125.  Abatement. 

Conflict  of  laws  as  to.     2  L.R.A. (N.S.)  467. 

Liability  of  bequest  of  stocks,  bonds,  or 
notes  to  abatement.  11  L.R.A. (N.S.) 
65. 

Order  of  abatement  to  pay  debts  as  between 
demonstrative  legacies  and  specific  lega- 
cies or  devises.     4  L.R.A.(N.S.)  922. 

§  126.  Effect  of  divorce  to  revoke  gift 
by  will. 

Generally.     69  L.R.A.  940. 

When  status  mentioned  in  will  controls.  69 
L.R.A.  940. 

Effect  of  lapse  of  time  between  divorce  and 
testator's  death.     69  L.R.A.  942. 

Effect  of  property  settlement.  69  L.R.A. 
943. 

As  affecting  right  to  take  under  gift  to 
"husband,"  "wife"  or  "widow."  33 
L.R.A.(N.S.)   826. 

Settlement  of  property  rights  between  hus- 
band and  wife  on  account  of  divorce  as 
implied  revocation  of  will.  20  L.R.A. 
(N.S.)    1073. 

p.  General  or  specific. 

%   12  7.  Generally. 

Ademption    of    specific    legacy,    see    supra, 

§  122. 
Ademption    of    general    legacy,    see    supra, 

§   123. 

Bequest  of  policy  of  insurance,  or  proceeds 
thereof,  as  specific  legacy.  7  L.R.A. 
(N.S.)    592. 

Contribution  as  between  specific  legatees 
and  specific  devisees  to  pay  testator's 
debts.     1  L.R.A.(N.S.)   461. 

Effect  of  bequest  for  life  of  chattels  con- 
sumable in  the  use  as  general  or  specific 
bequest.     16  L.R.A.(N.S.)   484. 

Order  of  abatement  to  pay  debts  as  between 
demonstrative  legacies  and  specific  leg- 
acies.    4  L.R.A. (N.S.)   922.  ' 

Begin  with  this  hoolc  on  every  law  question 


1  WILLS,  V.  p— cont'd 

I  §    128.  Of  stoclis,  bonds,  or  notes. 

I  Is  bequest  of  stocks,  bonds,  or  notes  gen- 
eral or  specific.  11  L.R.A. (N.S.) 
49. 

q.  Who   ivill  take  void   legacy. 

§    129.  Generally. 

Right  of  heir  or  residuary  legatee  to  gift 
failhig  for  remoteness.     20  L.R.A.  517. 

Effect  of  invalidity  of  bequest  occasioned 
by  interest  of  attesting  witness  upon 
rights  of  persons  jointly  or  subsequent- 
ly entitled  thereto.     4  B.  R.  C.  710. 

VI.  Suit  to  construe  will. 

§   13  0.  Generally. 

Jurisdiction  of  suit,  see  Equity,  §  13. 


WILrSON  ACT. 


Effect  of  removal  of  constitutional  objec- 
tions to  state  statute  by.  48  L.R.A. 
(N.S.)   349. 


WIND. 

Proximate  cause  of  loss  or  injury  by,  see 
Pboximate  Cause,  §  5. 

Causes  of  loss  covered  by  insurance  against 
windstorm.     L.R.A.1915B,  1094. 


WINDING  UP. 


Of  corporation,  see  Cobpobations,  IX. 

Of  partnership,  see  Pabtnership,  §§  29-51. 

Allowance  of  expenses  of  winding  up  busi- 
ness of  estate  as  costs  of  administra- 
tion.    40  L.R.A.(N.S.)   203. 

Liability  of  personal  representative,  testa- 
mentary trustee,  or  guardian  in  wind- 
ing up  business  in  behalf  of  estate.  40 
L.R.A.(N.S.)   222. 


WINDOW  FRONTS. 

As  fixtures.     41  L.R.A. (N.S.)   1022. 


WINDOWS. 


As  fixtures.    30  L.R.A. (N.S.)  1189. 
Right  to  open  windows  in  party  wall 

L.R.A.(N.S.)    1191. 
Right  to  close  windows  in  party  wall 

L.R.A.(N.S.)   194. 
Burglary  by  forcing.    3  7  L.R.A. (N.S.)  1300. 
Burglary  by  raising  window  already  partly 

open.     17  L.R.A. (N.S.)    1102. 


10 


49 


INDEX  TO  L.R.A.  NOTES. 


1403 


WINDOWS— cont'd 

I3urglary  by  taking  screen  from  window.    17 

L.R.A.(N.S.)     1100;     38    L.R.A.(N.S.) 

770. 


WINDSTORM. 


Causes  of  loss  covi-rod  by  insurance  against. 
L.K.A.1915B,  10!)4. 


WINE. 

As  intoxicating  liquor.  20  L.R.A.  647. 
Judicial  notice  of  intoxicating  character  of. 
48  L.R.A.(N.S.)   30o. 


WING  FENCES. 


Compensation  for  making,  as  element  of 
damages  for  laying  out  street  across 
railway  property.  24  L.R.A.(N.S.) 
1234. 


WIRES. 

Electric  wires,  see  Eleci'RICITy;  Highways, 
§   24'. 

Injury  to  trainman  by  overhead  wires.     47 

L.R.A.(N.S.)  497. 
Hight  to  carry  wires  across  railroad.   L.R.A. 

191oB,  823. 


♦  *» • 

WIRE    TAPPING. 

See  Tapping  Wibes. 


WITCH. 

Actionability  of  charge  that  one  is  a  witch. 
L.R.A.1916E,  682. 


WITCHCRAFT. 


Belief  in,  as  insane  delusion.    37  L,R.A.  272. 

Belief  in,  as  aflfecting  capacity  to  make 
will  or  deed.     16  L.R.A.  677. 

Prohibition  of  fortune  telling  under  Eng- 
lish witchcraft  act.  43  L.R.A.  (N.S.) 
204. 


WITHDRAWAIi. 


Of  appearance,  see  Appearance,  §  5. 
From  arbitration,  see  Ariutratiox,  §  3. 
Right  of  attorney  to  withdraw  action,  see 

Attorneys,  §  16. 
■Consult  also  L.B.A.  Digests  of  Cases. 


WITHDRAWAI^-cont'd 

From    loan   association,   see  Building  and 

Loan  Associations,  §  8. 
Of  bid  for  public  contract,  see  Contbacts,  § 

160a. 
Of  subscription  for  corporate  stock,  see  CoB- 

POBATIONS,  §   80. 
From  conflict  by  one  setting  up  self  defense 

as  excuse  for  homicide,  see  Homicide, 

§  29. 
Of  pleading,  see  Pleading,  §  13. 
Of  telephone  service,  see  Telephones,  §  9. 
Of  juror,  see  Criminal  Law,  §  38;  Trial, 

§  18a. 
Of  probate  proceedings,  see  Wills,  §  54. 

Of  property  from  auction  sale.  57  L.R.A. 
784;  20  L.R.A.(N.S.)  1133;  L.R.A. 
1917A,  74. 

Right  to  withdraw  order  given  agent  before 
acceptance  by  principal.  10  L.R.A. 
(N.S.)    1138. 

Right  to  withdraw  names  from  petition  or 
remonstrance.  11  L.R.A. (N.S.)  372;  35 
L.R.A.(N.S.)    1113. 

Of  name  from  initiative  or  referendum  peti- 
tion. 50  L.R.A.(N.S.)  223;  L.R.A. 
1917B,  39. 

Liability  for  causing  withdrawal  of  surety 
from  bond.     42  L.R.A. (N.S.)    388. 

Validity  of  agreement  made  in  considera- 
tion of  withdrawal  of  candidacy  for  of- 
fice.    37  L.R.A.  (N.S.)  289. 

Right  to  withdraw  proceedings  to  probate  or 
contest  will  or  issues  thereunder.  19 
L.R.A.(N.S.)    121. 

Right  of  officer  to  withdraw  resignation.  16 
L.R.A. (N.S.)    1058;    L.R.A.1917F,   547. 

Abutting  owner's  right  to  withdraw  before 
action  thereon  of  consent  to  construc- 
tion of  railroad  or  street  railway  in 
street  or  highway.    7  L.R.A. (N.S.)  994. 

Right  to  withdraw  money  paid  into  court 
after  tender.     5  L.R.A. (N.S.)   561. 

Effect  of  withdrawal  from  combat  as  affect- 
ing civil  liability  for  assault.  Jj.R.A. 
1915C,  893. 

Effect  of  withdrawal  of  one  party  to  a 
common  design  to  commit  an  offense  on 
his  liability  for  a  homicide  by  the 
other  party.     L.R.A.1918B,  76. 

Effect  of  withdrawal  from  joint  enterprise 
or  partnership  to  exclude  from  partici- 
pation in  the  profits  thereof.  L.R.A. 
1918B,  679. 


WITHOUT  RECOURSE. 

Assignor  without  recourse  as  an  endorser. 
36  L.R.A.  119. 

Indorsement  without,  as  putting  purchaser 
on  inquiry.  29  L.R.A. (N.S.)  378;  44 
L.R.A.(N.S.)    402;    L.R.A.1918F,   1152. 


WITHOUT  HAVING  BEEN  MARRIED. 

Meaning  of  term,     15  L.R.A.  293. 


1404 


INDEX  TO  L.R.A.  NOTES. 


WITNESSES. 

7.  In  general,  §§  1-8. 
II.  Competency,  §§  9-25. 

a.  In  general,   §§  9-16. 

b.  Husband   and  wife,    §§    17- 

21. 

e.  Effect  of  death,  §§  22-24:. 

d.  As   to   character   or   reputa- 
tion, §  25. 

III.  Examination,  §§  26-40. 

a.  In  general,   §§  26-30. 

b.  Cross-examination,     §§     31- 

38. 

c.  Re-direct  examination,  §  39. 

d.  Protection;  privileges,  §  40. 

IV.  Impeachment;     discrediting;     cor- 

roboration,  §§  41-46. 
V.  Credibility,  §  47. 
VI.  Compensation,   §§   48-51. 

a.  In  general,  §§  49,  50. 

b.  Of  expert  witness,  §51. 

I.  In  general. 

§   1.  Generally. 

Attesting  witness,  see  Attesting  Witness; 
Wills,  §§  15,  24,  26-31. 

Constitutionality  of  statutes  as  to,  see  Con- 
stitutional Law,  §  192. 

Contempt  by,  see  Contempt. 

Right  to  continuance  for  absent  witness,  see 
Continuance,  §§  2,  3. 

Validity  of  contract  to  procure  testimony, 
see  Contracts,  §  103. 

Right  of  accused  to  be  confronted  with  wit- 
nesses against  him,  see  Criminal  Law, 
§  47. 

Effect  of  death  of,  see  Death,  §  23. 

Jurisdiction  of  courts  of  equity  to  entertain 
bill  to  perpetuate  testimony,  see  Depo- 
sition, §  2. 

District  attorney  as,  see  District  and  Pros- 
ecuting Attorney,  §  4. 

As  to  evidence,  see  Evidence. 

Opinions  and  conclusions  of,  see  Evidence, 
VIII. 

Privileged  communications  to,  see  Evidence, 
§§  20-26. 

Oath  to,  see  Oath,  §  3. 

Sickness  of,  see  Sickness,  §  5. 

Matters  as  to,  generally  during,  trial,  see 
Trial,  §  11. 

To  will,  see  Wills,  §§  15,  24,  26-31. 

Liability  of  one  who  procures  defamatory 
testimony  to  be  given.     4  B.  R.  C.  986. 

Right  of  convicted  person  to  maintain  an 
action  against  witness  for  negligently 
giving  false  evidence.     3  B.  R.  C.  251. 

Validity  of  agreements  with.  19  L.R.A.  373 ; 
L.R.A.1918F,  1102. 

Comparison  of  handwriting  by.  62  L.R.A. 
869. 

To  prove  lost  or  destroyed  wills.  38  L.R.A. 
443. 

Treating  of  jury  by,  as  ground  for  new 
trial  or  reversal.     19  L.R.A.  (N.S.)   737. 

Admonishing  or  warning  witness  by  judge 
in  criminal  case  as  ground  of  reversal 
or  new  trial.     L.R.A.1917E,  859. 


Begin  with  this  booTc  on  every  law  question. 


WITNESSES,  I.— cont'd 

Sickness  of,  as  ground  for  injunction  against 
judgment.     30  L.R.A.  795. 

Right  to  set  aside  verdict  or  grant  new 
trial  because  of  demeanor  of.  41  L.R.A. 
(N.S.)    855. 

Constitutionality  of  statute  permitting 
court  to  appoint  expert  witnesses.  33 
L.R.A.(N.S.)   917. 

Exception  of  consuls  from  serving  as.  45 
L.R.A.  580. 

Right  of  un-named  witness  to  maintain 
action  for  libel  or  slander  based  on 
charge  that  some  of  witnesses  had  com- 
mitted perjury.     23  L.R.A. (N.S.)    728. 

Collateral  attack  on  probate  where  decree 
or  will  affirmatively  shows  that  the  will 
is  invalid  for  defects  as  to  witnesses. 
42  L.R.A. (N.S.)   455. 

Former  jeopardy;  discharge  of  jury  be- 
cause of  matter  affecting  witness. 
L.R.A.1917D,  1148. 

§   2,  Before  grand  jury. 

Witnesses  before  grand  jury,  general! v.     28- 

L.R.A.   321.       • 
Competencv  of  criminals  as  witnesses  before 

grand'jury.     28  L.R.A.  319. 
Swearing  of  witnesses  before  grand  jurv.   28- 

L.R.A.  320. 
Wife    as    witness    before    grand    jurv.      28 

L.R.A.   322. 
Unauthorized  presence  of  witness  in  grand 

jurv     room     as     affecting     indictment. 

L.R.A.lOKiD,  1126. 
Power     to     grant     immunity     to     witness. 

L.R.A.1918A,    376. 

§   3.  Interference  with  or  detention  oi. 

Interference  with  as  a  crime.    25  L.R.A.  439. 

Procuring  one  having  knowledge  of  offense 
to  leave  the  jurisdiction.  33  L.R.A. 
(N.S.)    976. 

Detention  of  one  as  witness  as  false  impris- 
onment.    39   L.R.A.(N.S  )    503. 

§  4.  Securing  attendance  of. 

Power  to  regulate  or  restrict  constitutional 
right  of  defendant  in  criminal  cases  t» 
compulsory  process  to  procure  attend- 
ance of  witnesses  in  his  behalf.  8 
L.R.A. (N.S.)   509. 

Continuance  to  procure  witness  who  is  be- 
yond the  jurisdiction.  L.R.A. 1918E, 
527. 

§  5.  Subpoena  duces  tecum. 

Refusal  to  produce  books  or  papers   in   re- 
sponse  to   subpoena,   upon   ground 
that  they  contain   private  matter. 
29  L.R.A. (N.S.)   716. 
Particularity     required     in     description    of 
documents    in    subpoena    duces    tecum. 
31   L.R.A.(N.S.)    835. 
Inducing  witness  to  evade  or  disregard  sum- 
mons or  subpoena  as  contempt  of  court. 
L.R.A.1915D,  571. 

§   6.  Necessary  witnesses. 

Subscribing  witness,  necessity  of  calling.  35 
L.R.A.  321. 

§   7.  liiniiting  number  of. 

Limiting   number   of.      10    L.R.A.    576.* 


INDEX  TO  L.R.A.  ^'OTE[^. 


1405 


WITNESSES,  I.— cont'd 
§   8.  Reference   to,    by   prosecuting   at- 
torney. 

Attack  oil  defendant's  witnesses  by  prose- 
cuting attorney  in  argument  as  ground 
for  reversal.     40  L.R.A.  053. 

Reversible  error  in  comments  on  witnesses  ' 
by  counsel  in  argument  to  jury.  L.R.A.  j 
1918D,  92. 

Comments   by   prosecuting  attorney  on   ab-  I 
sence  of'  witnesses  as  ground  of  rever- 
sal of   conviction.     46   L.R.A.   065 :    34 
L.R.A.(N.S.)     811;    L.R.A.1918D,    70. 

Reference  by  prosecuting  attorney  in  argu- 
ment to  jury  to  attempts  to  tamper 
with  witnesses  or  jurymen  as  ground 
for   reversal     30   L.RJl.(N.S.)    795. 


II.  Competency, 
a.  In  general. 

9  9.  Generally. 

Competoncy  of  witness  to  give  opinion  or 
conclusion,  see  Evidence,  VIII. 

Competency  of  expert  witness,  see  Evi- 
dence. VIII. 

As  to  competency  of  evidence,  see  E%7DENCE, 
XII. 

Of  witness  to  handwriting,  see  Evidence, 
§§  199,  200. 

Competency  of  witness  to  will,  see  Wills, 
5!§  28,  29. 

Capacity  and  competency  of  interpreter. 
L.R\A.1916F,  1206. 

Right  of  attorney  to  testify  in  his  own 
behalf  or  in  behalf  of  client.  49 
L.R.A.  (N.S.)    422. 

Deaf  and  dumb  persons  as  witnesses;  com- 
petency.    24  L.R.A.  126. 

Constitutional  right  of  colored  persons  to 
be  witnesses.     14  L.R.A.  581,  584. 

Competency  of  witnesses  as  affected  by  ques- 
tion whether  suit  for  statutory  penalty 
is  a  civil  or  criminal  prosecution.  27 
■  L.R.A.  (N.S.)    746. 

Competency  to  testify  as  to  one's  national- 
ity.    37  L.R.A.(N.S.)   760. 

Right  of  owner  of  baggage  to  testify  as  to 
its  value  in  an  action  for  its  loss.  37 
L.R.A.(N.S.)    588. 

Waiver  of  objection  to  competency  of  wit- 
nesses by  cross-examination  of  same. 
33  L.R.A. (N.S.)   106. 

Incompetency  as  witness  of  person  making 
uncontradicted  statement  in  presence  of 
accused  as  affecting  its  character  as  a 
confession  or  admission.  25  L.R.A. 
(N.S.)    551;   42  L.R.A;(N.S.)    891. 

Whose  dying  declarations  are  admissible. 
56  L.R.A.  358. 

Federal  courts  following  state  decisions  as 
to  competency  of.    40  L.RJL.(N.S.)  449. 

§    10.  Criminals. 

Competency  of  criminals  as  witnesses  be- 
fore grand  jury.    28  L.R.A.  319, 

Crimes  which  disqualify  one  as  a  witness. 
L.R.A.1917F,  898. 

<Jon»ult  alfio  L.R.A.  Digests  of  Cases. 


WITNESSES,  II.  a— cont'd 

Conviction  in  another  jurisdiction  as  affect- 
ing competency  of  witnesses.  L.R.A. 
19 17  A,  1138. 

Pardon  or  commutation  of  sentence  as 
affecting   competency    of    witness   con- 

-     victed  of  crime.     47  L.R,A.(N.S.)   206. 

§    11.  — accomplice. 

Competency  of  accomplice  as  affected  by 
iigreement  for  immunity.  24  L.R.A. 
(N.S.)    445. 

Dismissal  of  proeecution  towards  one  de- 
fendant to  qualify  him  as  a  witness 
against  others.    35  L.R.A.  710.    ' 

§    12.  Religious  belief  as  qualification. 

In  general.    42  L.R.A.  553;  23  L.R.A. (N.S.) 

1023. 
Classification  by  states.     42  L.R.A.  555. 
Federal  cases.     42  L.R.A.  566. 
English  and  Scotch  cases.    42  L.R.A.  566. 

§    13.  Competency   of   children. 

Admissibility  of  declarations  of  infant,  see 
Evidence,  §  218. 

Minor  witnesses  to  will.     L.R.A.1916E,  695. 
As  dependent  upon  age.     19  L.R.A.  605. 
As  affected  by  magnitude  of  case.    19  L.R.A. 

606. 
Necessity  of  oath.     19  L.R.A.  606. 
The   tests   of   competency  now   applied.   19 

L.R.A.  607. 
Illustrations  of  testing  witnesses  for  com- 
petency.    19  L.R.A,  608. 
Question   of    competency   to   be   determined 

in  open  court.  19  L.R.A.  609. 
Duty  as  to  instruction  of  child.     19  L.R.A. 

609. 
How  examined.     19  L.R.A.  610. 
How    far    decision    reviewable.      19    L.R.A. 

610. 
Admissibility  of  declarations  of  infant  too 

A'^oung  to  be  sworn  as  a  witness  at  the 

trial.    65  L.R.A.  316. 

§    14.  Insanity. 

Effect  of  insanity  on  competencv  of  witness. 
37   L.R.A.  423;   46  L.R.A.(N.S.)    1028. 

Admissibility  of  declarations  of  insane  per- 
son as  affected  by  incompetency  as  a 
witness.     L.R.A.1916E,  207. 

Competency  as  witness  of  prosecutrix  in 
prosecution  for  rape  of  female  of  im- 
sound  mind.    L.R.A.1916F,  749. 

§    15.  Morphinism. 

Morphinism  as  affecting  competency.  39 
L.R.A.  265. 

§   16.  Judge;  prosecuting  attorney. 

Competency  of  judge  as  witness  in  a  cause 
on  trial  before  him.  31  L.R.A.  465; 
L.R.A.1915F,   766. 

Prosecuting  attorney  as  witness.  55  L.R.A. 
231. 

ft.  Hushand  and  wife. 

§    17.  Generally, 

Effect  of  death,  see  infra,  §  24a. 


1406 


li^DEX  TO  L.R.A.  NOTES. 


WITNESSES,  II.  b— cont'd 
Privileged  communications  between,  see  Ev- 
idence, §  223. 

Admissibility  of  declarations  of  spouse  in- 
competent to  testify  as  a  witness. 
L.R.A.1915E,  204. 

Admissibility  against  one  spouse  of  evidence 
of  facts  revealed  by  physical  examina- 
tion of  other  spouse  wlio  would  be  an 
incompetent  witness.  49  L.R.A.  (N.S.) 
563. 

Husband  and  wife  as  witnesses  in  action  for 
wife's  libel  or  slander.     30  L.R.A.  529, 

Competency  of  husband  or  wife  as  witness 
for  or  against  the  other  as  to  trans- 
actions prior  to  marriage.  67  L.R.A. 
499;  45  L.R.A. (N.S.)   396. 

Waiver  of  privilege  as  to  communication  be- 
tween husband  and  wife  by  calling  one 
spouse  as  a  witness  for  the  other.  40 
L.R.A,(N.S.)    43. 

Effect  of  statute  making  husband  and  wife 
competent  witnesses  for  or  against  each 
other,  upon  the  privilege  as  to  con- 
fidential communications  between  them. 
27  L.R.A.{N.S.)  273;  L.R.A.1916F,  389. 

Applicability  of  disqualification  statute  to 
testimony  of  alleged  spouse  to  establish 
marriage  in  order  to  succeed  to  share 
of  the  decedent's  property.  51  L.R.A. 
(N.S.)    183. 

Applicability  of  rule  excluding  testimony 
of  interested  person  in  controversy  with 
decedent's  estate,  where  husband  or  wife 
of  devisee  or  legatee,  or  widow  of  de- 
cedent, is  offered  as  a  witness  in  con- 
troversy over  succession  to  estate.  51 
L.R.A.(N.S.)  212. 

§   18.  Criminal  cases. 

Wife    as    witness    before    grand    jury.      28 

L.R.A.  322. 
Husband    or   wife   as    witness    against    the 

other     in     criminal     prosecutions.       2. 

L.R.A.(N.S.)      862;     22     L.RJ^.(N.S.) 

240;     41     L.R.A,(N.S.)     1213;     L.R.A, 

1917E,   1133. 
Competency  of  wife  to  testify  as  to  offense 

against  her  before  marriage.    45  L.R.A. 

(N.S.)  396. 

§  19.  As  to  misconduct  of  other 
spouse. 

Competency  of  one  spouse  to  testify  as  to 
misconduct  of  other  spouse  in  ac- 
tion against  a  third  person.  39 
L.R.A.(N.S.)   315. 

§20.  Nonaccess. 

Competency  of  woman  to  testify  as  to  non- 
access  of  husband.  2  L.R.A.  (N.S.) 
619;   L.R.A.1916B,   1053. 

Admissibility  of  testimony  of  husband  or 
wife,  as  to  prenuptial  nonaccess  of  hus- 
band.    14  L.R.A.{N.S.)  546. 


WITNESSES,  II.  b— cont'd 
Admissibility  of  dying  declarations  of  wife 
against  husband.     56  L.R.A.  360. 


c.  Effect  of  death. 

§   22.  Generally. 

Competency   of   a   party   to   deny    a   trans- 
action   with    a    person    since    deceased. 
21  L.R.A.(N.S.)    755;   42  L.R.A.(N.S.) 
298. 
Admissibility   after  death   of   adversary   of 
testimony  or  deposition  of  party  given, 
or  taken  before  the  former's  death  and 
relating  to  a  personal  transaction  with 
him.       14    L.R.A.  (N.S.)     488;     L.R.A. 
1915F,  771. 
Admissibility   of   testimony   as    to   transac- 
tions   with    the    attorney    or    agent    of 
deceased  person.     7   L.R.A. (N.S.)    684. 
Competency    of    assignor    of    claim    in    suit 
to  testify  as  to  transactions  with 
or   statements   by   deceased,   where 
not  expressly  excluded  bv  terms  of 
statute.     42  L.R.A.  (N.S')    316. 
May  statutory  rule  excluding  testimony  of 
transaction    with    deceased    person 
by  party  or  person  in  interest   be 
invoked  against  estate  of  decedent 
or   person   claiming   under   the   es- 
tate.    42   L.R.A. (N.S.)    305. 
•  Do   statutes  disqualifying  party   as   a   wit- 
ness because  of  death  of  other  party  ap- 
ply to  actions  ex  delicto.    L.R.A.1916D,, 
811. 
Competency  to  testify  to  possession  of  note, 
deed,  or  other  articles  at  one  time 
in  possession  of  the  decedent,  where 
witness  would    be    incompt'teiit   to 
testify  directly  to  a  transaction  by 
which  it  is  claimed  decedent  part- 
ed with  his  possession.     4;3  L.R.A. 
(N.S.)    583. 

§   23.  Interested   witnesses. 

Husband  or  wife,  see  infra,  §  24a. 

Competency   of   interested  witness   to   testi- 
fy as  to  transactions  with  deceased  in 
which     he     did     not     participate.       2^ 
L.R.A.(N.S.)     1179;     42    L.R.A.  (N.S.) 
320. 
Competency  of  original  debtor  to  testify  to 
payment   made   to   decedent,    in   action 
by  third   person  against  the  estate  to 
recover  amount  so  paid.     28  L.R.A.  (N. 
S.)    388. 
Right  of  heir  or  next  of  kin  to  testify  in 
favor  of  the  estate.     L.R.A.1918C,  918- 
Applicability    of    rule    excluding   testimony 
of  interested  person  in  controversy 
with    decedent's   estate,   to   contro- 
versies   over    succession   to    estate. 
51  L.R.A.(N.S.)   187. 


§  21.  Dying  declarations. 

Admissibility  of  dying  declarations  of  hus- 
band against  wife.    56  L.R.A.  360. 

Admissibility  of  dying  declarations  as  af- 
fected by  competency  or  incompetency 
of  declarant  as  witness.    56  L.R.A.  432. 

Begin  tvith  this  booJc  on  every  law  question. 


§   24.  —  stocliholders. 

Competency  of  stockholder  as  witness  where 
corporation  is  a  party  to  a  suit 
prosecuted  by  or  against  a  per- 
sonal representative.  27  L.R.A.. 
(N.S.)   816. 


INDEX  TO  L.R.A.  NOTES. 


1407 


WITNESSES,  II.  c— cont'd 
§   24a.  Husband  and  wife. 

Right  of  surviving  spouse  to  testify  in 
favor  of  the  estate,     L.R.A.IOISC,  918. 

Competency  as  a  witness  of  the  husband  or 
wife  of  a  party  to  an  action  involving 
a  decedent's  estate.     L.R.A.1917A,  2. 

Applicability  of  disqualification  statute  to 
testimony  of  alleged  spouse  to  establish 
marriage  in  order  to  succeed  to  share 
of  the  decedent's  property.  51  L.R.A. 
(N.S.)    183. 


d.  As  to  character  or  reputation. 

§  25.  Generally. 

Admissibility  of  evidence  as  to  character  or 
reputation,  see   Evidence,   §§   249-253. 

Competency  of  witness  as  to  character  and 
reputation  of  deceased  in  trial  for  hom- 
icide.    3  L.R.A.(N.S.)    375. 
Right    of    witness    to    testify    to    character 
from      personal      knowledge.        22 
L.R.A.(N.S.)    650. 
Character  of  the  accused,  deceased,  or 
parties.      2   L.R.A.(N.S.)    552;    22 
L.R.A.(N.S.)    661. 


III.  Examination. 

o.  In  general. 

§   26.  Generally. 

Contempt  by  witness,  see  Contempt. 
Evidence  generally,  see  Evidence. 

Examination   of,  as  to  sanity  or  insanity. 

39  L.R.A.  305. 
In  proceeding  in  tribunal  of  association  or 

corporation.     49  L.R.A.  369. 
Inquiries  of,  by  jurymen.     1  L.R.A.  (N.S.) 

839. 


§   2  7.  Leading  questions. 

Powor  of  court  to  put.  57  L.R.A.  881 ; 
L.R.A. 1916A,  1196. 

Admissibility  as  dying  declarations  of  mat- 
ters elicited  by.     2  B.  R.  C.  923. 

§   28.  Refreshing  memory. 

Of  witness  to  handwriting.     63  L.R.A.  164. 

Right  for  purpose  of  cross-examination  to 
inspect  paper  used  by  witness  to  re- 
fresh  memory.     22    L.R.A. (N.S.)    706. 

§  2  9.  Power  of  court  to  call  and  ex- 
amine witnesses. 

Power  of  court  to    call    witnesses.     L.R.A. 

1916  A,  1191 
Power     of     court     to     examine     witnesses. 

57  L.R.A.  878;  L.R.A.1916A,  1192. 

§  3  0.  Examination  of  witnesses  to 
handwriting. 

Generally.     63  L.R.A.   163;    65  L.R.A.   1.54. 
Direct   examination.      63    L.R.A.   163. 
Cross-examination.     63   L.R.A.   168. 
Consult  also  L.R.A.  Digests  of  Cases. 


WITNESSES,  III.— cont'd 

b.  Cross-examination, 

§    31.   Generally. 

Use  of  books  on  inexact  sciences  on.  40 
L.R.A.  569. 

Refusal  to  allow  cross-examination  on  rele- 
vant matters  covered  by  the  examina- 
tion in  chief  as  ground  for  reversal  or 
new  trial.     25  L.R.A. (N.S.)    683. 

Right  to  have  direct  testimony  stricken  out 
where  cross-examination  is  interrupted 
wholly  or  in  part  by  sickness  or  death 
of   witness.      15    L.R.A. (N.S.)    493. 

Cross-examination  of  husband  or  wife  when 
witness  against  the  other  in  criminal 
prosecutions.  41  L.R.A.(N.S.)  1213; 
L.R.A.1917E,  1133. 

Right,  for  purpose  of  cross-examination,  to 
inspect  paper  used  by  witness  to  re- 
fresh  memory.     22    L.R.A. (N.S.)    706. 

Cross-e,  imination  of  plaintiff  in  action  for 
personal  injuries  as  to  his  willingness 
to  submit  to  physical  examination.  43 
L.R.A.(N.S.)    622. 

Cross-examination  of  prosecutrix  on  trial 
for  statutory  rape  to  show  unchastity. 
48  L.R.A.  (X.S.)    273. 

Rule  as  to  right  of  accused  to  cross-examine 
witnesses  as  affecting  admissibility  of 
ex  parte  in  proceeding  to  punish  crim- 
inal contempt.     L.R.A.1917B,  119. 

§    32.  By  court. 

Power  of  court  to  cross-examine.    57  L.R.A. 

882;    L.R.A.1916A,    1198. 
Interrogation    of    accused    by    court.       15 

L.R.A.  674. 

§   33.  As  to  sanity. 

Of  nonexpert  witness  as  to  sanitv  or  in- 
sanity.    38   L.R.A.   743. 

Of  expert  witness  as  to  sanity.  39  L.R.A. 
326. 

§   34.  Witness  as  to  character. 

Of    witness    testifying    to    character.      14 

L.R.A. (N.S.)    739. 
Of  witness  as  to  character  of  accused.     20 

L.R.A.  615. 

§  35.  As  to  handwriting  and  typewrit- 
ing. 

Of  expert  witness.     63  L.R.A.  170;   L.R.A. 

1918D,  650. 
Of  nonexpert.    63  L.R.A.  168.  , 

§   3  6.  To  show  conviction  of  crime. 

Cross-examination  as  proper  mode  of  prov- 
ing contiction  of  crime  for  pur- 
poses of  impeachment.  30  L.R.A» 
(N.S.)   846. 

§  37.  Of  accused. 

Under    statutory    limitations.      15    L.R.A. 

669. 
In    absence    of    statutory    limitation.      15 

L.R.A.  670. 
Right    to    question    defendant    concerning 

other  crimes  on  cross-examination.     62. 

L.R.A.  345. 


1408 


INDEX  TO  L.R.A.  NOTES. 


WITNESSES,  III.  b— cont'd 

Right  to  cross-examine  accused  who  has 
taken  witness  stand,  as  to  confession 
which  would  not  be  admissible  in  evi- 
dence.    10  L.R.A.(N.S.)   604, 

§   38.  Effect  of. 

Waiver  of  objection  to  testimony  by  cross- 
examination.  33  L.R.A.  (N.S.) 
103. 

c.  Redirect  examination. 

§   39.  Generally. 

Redirect  examination  of  witness  as  to  char- 
acter.    14  L.R.A.(N.S.)    745. 

Of  witness  as  to  sanity  or  insanity.  39 
L.R.A.  326. 

d.  Protection;  privileges. 

§   40.  Generally. 

Protection  against  self-crimination,  see 
Criminal  Law,  §§  49-53. 

As  to  privileged  communications,  see  Evi- 
dence,  §§   220-226. 

Privileged  nature  of  words  used  by,  see 
Libel  and  Slandeb,  §  30. 

Privilege  as  to  service  of  process,  see  Wbit 
AND  Pbocess,  §§  35,  36. 

Who  may  grant  immunity  to  a  witness. 
L.R.A.1918A,   376. 

Privilege  of  witness  as  to  defamatory  testi- 
mony.    22  L.R.A.  836. 

Right  of  bank  officer  or  employee  to  refuse 
to  disclose  state  of  depositors'  account. 
L.R.A.1915D,  1061. 

IV.  Impeachment;     discrediting;     cor- 
roboration. 

§   41.  Generally. 

Of  nonexpert  witness  as  to  sanity  or  in- 
sanity.    38  L.R.A.  743.  • 

Impeachment  of  accused  by  testimony  at 
coroner's  inquest.    70  L.R.A.  43. 

Admissibility  for  purpose  of  impeachment 
in  actions  for  sexual  offenses,  of  evi- 
dence that  prosecuting  witness  has 
made  similar  charges  against  other 
persons.     41  L.R.A.{N.S.)    216. 

Right  to  show  unchastity  of  prosecutrix  in 
statutory  rape  to  affect  her  credibility. 
48  L.R.A. (N.S.)   272. 

Right  to  show  that  a  witness  attempted  to 
•  influence  other  witnesses  for  or 
against  accused.  46  L.R.A. (N.S.) 
1001. 

Impeachment  on  trial  of  testimony  given 
on  preliminary  exam!nation  by  witness 
absent  from  the  trial.  2^5  L.R.A. (N.S.) 
884. 

Pardon  or  commutation  as  affecting  proof 
of  conviction  to  impeach  credibility  of 
witness.    47  L.R.A. (N.S.)  215. 

Right  to  use  plea  of  nolo  contendere  to 
impeach  defendant  as  a  witness  in  an- 
other proceeding.     41  L.R.A. (N.S.)    74. 

Newly  discovered  evidence  impeaching  wit- 
nesses as  ground  for  bill  of  review. 
30  L.R.A.(N.S.)    1037. 

Begin  ivith  this  book  on  every  law  question 


WITNESSES,  IV.— cont'd 
§   4  2.  Discrediting. 

Impeaching  character  of  accused  for  credi- 
bility.    20  L.R.A.  616. 

Use  of  books  of  inexact  sciences  to  sustain 
or  discredit  expert.     40  L.R.A,   567. 

Impeachment  of,  by  specific  instances  as  to 
character.     14  L.R.A. (N.S.)    607. 

Admissibility  of  declarations  of  beneficiary 
or  executor  to  show  lack  of  testamen- 
tary capacity  or  undue  inlkience  for 
purpose  of  impeaching  or  discrediting 
declarant  as  a  witness.  38  L.R.A, 
(N,S.)  743. 

Cross-examination  as  proper  mode  of  prov- 
ing conviction  of  crime  for  purposes 
of  impeachment.     30  L.R.A. (N.S.)   846. 

§   43.  Contradiction. 

Impeachment  of  own  witness  by  proof  of 
contradictory  or  inconsistent  state- 
ments.    21  L.R.A.  426. 

Contradiction  of  export  witness  as  to  sanity 
or  insanity.     39  L.R.A.  326. 

Contradiction  of  subscribing  witnesses  as 
to  testator's  sanity  or  insanity.  39 
L.R.A.  719. 

Admissibility  of  books  ot  account  to  contra- 
dict witness.    52  L.R.A,  717, 

Right  to  impeach  or  contradict  dying  dec- 
larations.     56    L.R.A.    441. 

Admissibility    of    contradictory    statements 

L  by  declarant  to  impeach  dying  declara- 
tions.    37  L.R.A. (N.S.)    262. 

§  44.  Right  to  impeach  one's  own  wit- 
ness. 

General  rule.     21  L.R.A.  418. 

Limits  of  the  rule.    21  L.R.A.  420. 

Exceptions,  to  the  rule.     21  L.R.A.  422. 

Conflicting  testimony.     21  L.R.A.  428. 

Prior  interrogation  necessary.  21  L.R.A. 
428. 

Effect  of  recalling.     21  L.R.A.  429. 

Effect  of  calling  opponent's  witness.  21 
L.R.A.  430. 

State  statutes.     21  L.R.A.  430. 

English  doctrine.     21  L.R.A.  432. 

Does  the  rule  preventing  impeachment  of 
one's  own  witness  by  proof  of  contra- 
dictory statements  out  of  court  apply 
where  such  statements  would  have  been 
admissible  in  chief  as  admissions 
against  interest.     22  L.R.A. (N.S.)   556. 

Right  to  impeach  one's  own  witness  because 
he  has  not  testified  as  expected,  where 
his  testimony  is  not  affirmatively  in- 
jurious.    42*L.R.A.(N.S.)    747. 

Right  of  party  calling  a  witness  who  con- 
tradicts himself  on  cross-examination  to 
introduce  evidence  of  previous  state- 
ments consistent  with  his  testimony  on 
direct  examination.     L.R.A.1915F,  601. 

§  45.  Corroboration. 

Admissibility  of  books  of  account  to  corrob- 
orate witness.     52  L.R.A.  718. 

Right  to  sustain  dying  declarations  and  wit- 
ness testifying  thereto.     56  L.R.A.  441. 

Right  of  court  to  caution  jury  as  to  corrob- 
oration of  testimonj'  of  accused.  19 
L.R.A.(N.S.)    812. 


INDEX  TO  L.K.A.  NOTES.  • 


1409 


WITNESSES,  IV.— cont'd 

Doea  the  fact  that  a  witness's  testimony  is 
contradicted  by  opposing  testimony 
warrant  tlie  introduction  of  evidence  of 
his  reputation  for  truth  and  veracity. 
12  L.R.A.(N.S.)   3G4. 

Contradictory  statements  made  by  one  ac- 
cused of  perjury  as  sufficient  corrobora- 
tion of  single  witness.  L.R.A.1918E, 
928. 

§  4  6.  — by  proof  of  previous  consistent 
statements  out  of  court. 

The  early  doctrine.     41   L.R.A.(N.S.)    858. 

The  purpose  in  provino  consistent  state- 
ments.   41  L.R.A.(X.S.)  870. 

Consistent  statements  oflered  as  evidence  in 
chief.     41  L.R.A.(N.S.)   872. 

Xecessitv  of  impeaching  the  witness.  41 
L.r!a.(N.S.)    873. 

How  witnesses  are  impeached.  41  L.R.A. 
(N.S.)    877. 

The  modern  general  rule  of  inadmissibility. 
41  L.R.A.(N.S.)  878. 

The  reasons  for  excluding  the  evidence.  41 
L.R.A.(N.S.)   883. 

The  rule  in  cases  of  rape.  41  L.R.A. (N.S.) 
886. 

Exceptions  to  the  modern  rule  of  inadmissi- 
bility.   41  L.R.A. (N.S.)  889. 

Impeachment  by  proof  of  bad  character. 
41  L.R.A.(N.S.)   901. 

Opening  the  door  for  consistent  statements. 
41  L.R.A.(N.S.)    903. 

Re-establishing  credit  after  evidence  of  con- 
tradictory statements.  41  L.R.A.  (N.S.) 
905. 

Refuting  inferences  from  equivocal  conduct. 
41  L.R.A.(N.S.)    917. 

Need  of  preliminary  proof  of  inconsistent 
statements.      41    L.R.A. (N.S.)    920. 

Sequence  of  consistent  and  inconsistent 
statements.      41    L.R.A.  (N.S.)    922. 

Coincidence  of  consistent  statements  and 
events.     41  L.R.A. (N.S.)   923. 

Aids  to  memory.    41  L.R.A. (N.S.)  928. 

Private  writings.     41  L.R.A. (N.S.)    928. 

Previous  consistent  statements  under  oath. 
41  L.R.A. (N.S.)    933. 

Testimony  by  witnesses  to  their  own  con- 
sistent statements.  41  L.R.A.  (N.S.) 
938. 

Self-serving  declarations  of  litigant  witness- 
es.    41  L.R.A. (N.S.)    940. 

Consistent  statements  as  answers  to  admis- 
sions against  interest.  41  L.R.A.  (N. 
S.)    946. 

Necessity  of  identity  in  substance  of  con- 
sistent' statements  and  testimony.  41 
L.R.A.(N.S.)   948. 

Statements  relating  to  age.  41  L.R.A. (N. 
S.)    949. 

Extra-judicial  identifications  of  persons  ac- 
cused of  crime.     41  L.R.A.(N.S.)    949. 

Corroborating  the  deed.  41  L.R.A.(N,S.) 
952. 

Corroborating  accomplices  in  trials  for 
crime.     41  L.R.A.(N.S.)'  954. 

Right  of  party  calling  a  witness  who  con- 
tradicts himself  on  cross-examination 
to  introduce  evidence  of  previous  state- 

Oonault  also  L.R.A.  Digests  of  Cases. 


WITNESSES— cont'd 

ments  consistent  with  his  testimony  on 
direct  examinatioh.     L.R.A.1915F,  601. 

V.  Credihility. 

§   4  7.     Generally. 

Instructions   as  to,  see  Trial,   §§   61-63. 

Attack  out  of  court  in  presence  of  jurymen 
upon  credibility  of  witness  as  ground 
for   new   trial.     L.R.A.1917B,   248. 

Credibility  of  witnesses  as  to  character  in 
criminal  cases.  14  L.R.A. f N.S.) 
739. 

Impeaching  character  of  accused  for  credi- 
bility.    20  L.R.A.  616. 

Right  of  jurors  to  act  on  their  own  knowl- 
edge as  to  credibility  of  witnesses.  31 
L.R.A.  496. 

Right  of  jurors  to  test  credibility  of  par- 
ticular witness  by  their  own  knowledge. 
37  L.R.A.(N.S.)   805. 

Credibility  of  witness  of  unsound  mind  as 
question  for  the  jury.  46  L.R.A. (N.S.) 
1030. 

Right  to  show  unchastity  of  prosecutrix  in 
statutory  rape  to  ail'ect  her  credibility. 
48  L.R.A.(N.S.)   272. 

Credibility  and  eflect  of  testimony  of  person 
injured  at  a  railroad  crossing  that  he 
looked  and  listened  where  he  must 
have  detected  the  train  had  he  looked 
or   listened.     L.R.A.1915B,  140. 

VI.  Compensation. 

a.  In  general. 

§4  8.  Generally. 

Witness  fees  to  persons  under  detention  or 
recognizance.     20  L.R.A.  57. 

Duty  of  state  to  advance  fees  of  witnesses 
summoned  on  its  behalf.  31  L.R.A.(N. 
S.)    781. 

Offering  to  pay  witness  as  a  ground  for  dis- 
barment or  suspension  of  attorney. 
L.R.A.1915A,  514. 

§  49.  Right  of  state  to  require  services 
of  witness  without. 

Inherent    right    to    command    service.      39 

L.R.A.    116. 
Application  of  constitutional  provisions.  39 

L.R.A.  118. 
The   rule   as   applied   to   expert  testimony. 

39  L.R.A.  120. 
General  rules  with  relation  to  civil  cases. 
39  L.R.A.  121. 

§  50.  Agreement  for  extra  compensa- 
tion. 

Validity  of  agreements  to  pay  witnesses 
extra  compensation.  30  L.R.A. (N.S.) 
280;   L.R.A.1918F,  1102. 

b.  Of  expert  witness. 

§  51.  Generally. 

As  to  matters  of  fact.  27  L.R.A.  669;  25 
L.R.A.(N.S.)  1040;  33  L.R.A.(N.S.) 
336. 

As  to  requiring  examination  or  preparation. 
27  L.R.A.  669. 


89 


1410 


JNDEX  TO  L.R.A.  NOTES. 


WITNESSES,  VI.  b— cont'd 

Cases  denying  the  right  to  additional  com- 
pensation.    27  L.R.A.  670. 

Cases  affirming  the  right  to  additional  com- 
pensation.    27  L.R.A.  671. 

Reasons  given  for  the  different  rulings.  27 
L.R.A.  671. 

Statutory  provisions.     27  L.R.A.  672. 

By  whom  paid.     27  L.R.A.  673. 

The  English  rule.     27  L.R.A.  673. 

Duty  of  state  to  advance  fees  of  witnesses 
summoned  on  its  behalf.  31  L.R.A.  (N. 
S.)   781. 

Validity  of  agreement  to  pav  expert.  30 
L.R.A.(N.S.)   281;  L.R.A."  1918F,  1102. 

Attornev's  implied  power  to  bind  client  for 
fees  of.     23   L.R.A.  (N.S.)    704. 

Right  of  state  to  require  services  of  expert 
witnesses  without  compensation.  39 
L.R.A.  120. 


WOI.P. 

Liability   for   injury   by,     11   L.R.A. (N.S.) 
748. 


WOMAN   SUFFRAGE. 

See  Female  Suffbaoe. 


WOMEN. 

§   1.  Generally. 

As  clerks,  see  Clerks,  §  4. 
As  deputies,  see  Deputy,  §  4. 
Constitutionality    of    statutes,    as    to,    see 

Constitutional  Law%  §  177. 
Exclusion   from  saloons,  see  Intoxicating 

Liquors,  §  6. 
Libel  or  slander  by  charging  unchastity  of, 

see  Libel  and  Slander,  §  12. 
Eligibility  to  office,  see  Officers,  §  7. 

Included  in  term  "persons."     IJ)  L.R.A.  226. 
Evidence  of  specific  instances  to  character 

of.     14  L.R.A. (N.S.)    689. 
Negligence  of,  in  getting  on  or  off  moving 

street  car.     38  L.R.A.   789. 
Arrest  without  warrant  of  women  soliciting 

or  accosting  men.    L.R.A.1917D,  697. 
Taking  liberties  with  woman  as  an  assault. 

L.R.A.1917A,  142. 

§   2.  Rights  of. 

Right  to  vote,  see  Elections,  §  3. 
Right  to  hold  office,  see  Officers,  §  7. 

Right  to  practise  law.    21  L.R.A.  701. 

Right  to  petition  in  relation  to  school  mat- 
ters.   43  L.R.A. 'N.S.)  293. 

Constitutionality  of  statute  entitling  women 
to  serve  as  jurors.    L.R.A.1918E,  773. 


WOOD. 


WOOD— cont'd 

See  also  Logs  and  Logging;  Lumber;  Tim- 
ber; Trees. 

Regulation  of  storage  of,  for  purpose  of 
fire   protection.     41   L.R.A. (N.S.)    457. 

Sufficiency  of  delivery  of  cord  wood  on  sale 
out  of  larger  lot.     26  L.R.A.  (N.S.)   38. 


WOOD  ALCOHOL. 


Liability  for  injury  to  employee  by  explo- 
sion of.     L.R.A. 1918B,  864. 


WOODEX  BUILDINGS. 

Within  fire  limits,  see  Buildings,  §  4. 


WORDS. 

As  provocation  for  homicide,  see  HoMJctSB^ 

§  24. 
Meaning  of,  see  Definitions. 

Words  as  affecting  false  iraprisonrnvot 
where  plaintiff  did  not  accompanv  th« 
person  using  them.  7  L.K.A.  (,^.S.) 
676. 


WORDS  AND  PHRASEK. 

Protection  of  descriptive  word  or  phrase  as 

trademark,    see   Trademark,    §    7. 
In  general,  scee  Definitions. 


WORDS  OF  INHERITANCE. 

Necessity  for,  in   reservation  of  easements. 

20  L.R.A.  632. 
Effect  of  statute   disposing  of  necessity   of 

using,   on   estate   passing  by  deed.     12. 

L.R.A.(N.S.)    963. 


Tenant's   right   to   cut,    see   LArDtOBD   and 

Tenant,  §  .54. 
Bff/in   trith   this  book  on  every  law  question 


WORK  AND  LABOR. 

§    1.  Generally. 

Right    to    compel    prisoners    to    labor,    see 

Criminal  Law,  §  77. 
Liability  of  husband  for  legal  services  for 

wife  in  divorce  suit,  see  Divorce  anD' 

Separation,   §§   39-40a. 
Wife's    liability    for    legal    services    in    di- 
vorce   suit,    see    Husband    and    Wife,. 

§  23. 
Right    of    married    woman    to    recover    for 

services  to  third  persons  see  Husband 

AND  Wife,  §  65. 
Services  of  illegitimates,  see  Illegitimacy, 

§  2a. 
Lien  for,  see  Mechanics'  Liens. 
Work  on  mining  claim,  see  Mines,  §§  16,  25.- 


INDEX  TO  L.S.A.  NOTES. 


1411 


WORK  AND  LABOR— cont'd 

Creditor's  right  as  to  personal  services  of 
debtor,  see  Debtor  and  Creditob,  §  2, 

Right  of  partner  to  compensation  for  serv- 
ices, see  Partnership,  §  27. 

Loss  of  service  as  element  in  action  by 
father  for  seduction  of  child,  see  Seduc- 
tion, §  5. 

On  Sunday,  see  Sunday,  §§  5,  6. 

Conclusiveness  of  the  testimony  of  experts 
as  to  the  value  of  professional  serv- 
ices.    45  L,RA.(N.S.)   181. 

Guarantying  payment  of  labor  on  goods 
destroyed  as  insurance.  47  L.R.A. 
(N.S.)'  301. 

Combination  to  control  price  of  labor  per 
se  a  violation  of  tlie  statute  against 
trusts  and  monopolies.  23  L.R.A.  (N. 
S.)    1260. 

Effect  of  express  provision  by  statute  or 
cliarter  for  payment  of  subscription  in 
cash  or  money  to  exclude  payment  in 
services.     27  L.R.A. (N.S.)    315. 

Conscription  of  labor  for  working  highway 
as  a  tax.     5  L.R.A.  (N.S.)   1139. 

What  services  for  jurors  are  proper  sub- 
jects of  county  charge.  21  L.R.A.  (N. 
S.)    200. 

Loss  of  service  as  element  in  action  by 
father  for  seduction  of  child.  14  L.R.A. 
700. 

Libel  in  charging  one  with  exacting  exces- 
sive compensation  for.  40  L.R.A.  (N. 
S.)   79. 

§   2.  Contracts  for. 

Liability  for,  on  contractor's  bond,  see 
Bonds,   §   10. 

Contracts  for  services  in  building  or  con- 
struction, see  Building  and  Construc- 
tion Contracts. 

Implied  contract  to  pay  for,  see  Contracts, 
§§  4-6;  Municipal  Corporations,  §  60. 

Oral  contract  as  to  generally,  see  Con- 
tracts, §§  35a,  36. 

Oral  contract  to  will  property  in  payment 
for,  see  Contracts,  §  33. 

Distinction  between  sales  and  contracts  for, 
under  statute  of  frauds,  see  Contbactb, 
§  36. 

Oral  contract  for  services  not  intended  to 
be  performed  within  a  year,  see  Con- 
tracts, §  39. 

Eflfect  of  part  performance  of  contract  for, 
see  Contracts,  §§  137,  138. 

Servant's  duty  as  to,  see  Master  and  Serv- 
ant, II. 

As  to  specific  enforcement  of  contract  to 
compensate  for,  see  Specific  Perform- 
ance,  §§   6,   9. 

Compensation  to  partner  for,  see  Partner- 
ship, §§  27,  35,  43. 

Agreement  to  compensate  for  by  will,  see 
Wills,  §  2. 

On  Sunday,  see  Sunday,  §§  5,  6. 

• 

Bequest  or  devise  in  payment  for  services, 
etc.  rendered  testator  as  subject  to  suc- 
cession tax.  T>.R.A.1916(.",  55.j. 

Consult  also  L.R.A.  Digests  of  Cases. 


WORK  AND  LABOR— cont'd 

Champertous  contracts  for  services  by  lay' 
men.     L.R.A.1916E,  68. 

Effect  upon  cliaracter  of  8\im  agreed  upon' 
for  breach  of  contract  as  penalty  or 
liquidated  damages  of  single  or  multi- 
ple stipulations  in  contract.  L.R.A- 
1915E,  393. 

Recovery  by  one  who  abandons  a  contract 
for  work  or  labor  without  cause  or  jus- 
tification.    L.R.A.1916E,  790. 

Claim  against  state  for.    42  L.R.A.  47. 

Right  of  husband  or  wife  to  compensation 
for  services  rendered  to  the  other.  16 
L.R.A.  215. 

Validity  of  contract  by  husband  to  pay  wife 
for  services.     L.R.A.1917D,  268. 

Right  of  married  woman  to  maintain  action 
for  services  rendered  to  a  third  person 
living  in  the  home.  46  L.R.A.(N.S.) 
238. 

Liability  of  one  who  solicits  tiie  services  of 
a  physician  or  surgeon  for  another.  46 
L.R.A.(N.S.)  577. 

Infant's  right  to  repudiate  contract  for  and 
sue  on  quantum  meruit.    15  L.R.A.  211. 

Validity  of  contract  for,  in  violation  of 
law.     12  L.R.A.(N.S.)    608. 

Validity  of  contract  for  material  patented 
or  held  in  monopoly  where  a  letting  to 
the  lowest  bidder  is  required.  46  L.R.A. 
(N.S.)   990. 

Moral  obligation  as  consideration  for  prom- 
ise to  pay  for  past  services.  53  L.R.A. 
372;    26   L.R.A.  526. 

Priority  of  claims  for  labor  against  prop- 
erty in  hands  of  receiver  over  recorded 
liens.     41  L.R.A. (N.S.)   708. 

Denial  upon  information  and  belief  as  to. 
30  L.R.A.(N.S.)    776. 

Promise  of  additional  compensation  for  com- 
pleting an  executory  contract  other 
til  an  for  the  payment  of  money.  H 
L.R.A.(N.S.)  789;  28  L.R.A.(N.S.) 
450. 

Breach  by  promisor  during  lifetime  of  con- 
tract to  compensate  for  services  on 
death  as  starting  statute  of  limitations^ 
36  L.R.A.(N.S.)  922. 

Admissibility  of  books  of  account  to  prove 
work  done  and  service  rendered.  52 
L.R.A.  695. 

Assignee  of  accounts  for,  as  real  party  in 
inter&st  by  whom  action  may  be 
brought.     64  L.R.A.  597. 

Municipal  contracts  for  work  embodying  a 
patented  invention.     18  L.R.A.  45. 

Measure  of  damages  for  failni-e  to  perform 
contract  to  compensate  for  services  by 
will.     41  L.R.A.(N.S.)    246. 

Loss  of  profits  as  element  of  damages  for 
breach  of  contract  for.     .■i3  L.R.A.  33. 

Right  to  interest  on  demand  for.    28  L.R.A. 

(:>\s.)  1. 

Constitutionality  of  statute  providing  for 
imprisonment  for  breach  of  contract  of 
labor  or  rental.     21  L.R.A. (N.S.)    242. 

Assignment  or  releai-e  of  the  i^ight '  to  a 
third  person's  services..  L.R.A.19175', 
842. 


¥1^ 


INDEX  TO  L.R.A.  NOTES. 


WORKHOUSE. 

Plight  of  woman  to  be  director  of.  38 
L.R.A.  211. 

Who  is,  within  meaning  of  workman's  com- 
pensation act.     L.R.A.1916A,  115,  246. 


L.R.A.1918r,  202. 
members    of   family. 


WORKMEN'S    COMPENSATION. 

§   1.  Generally. 

Construction  and  effect  of  workmen's  com- 
pensation   acts    generally.      L.R.A. 
1916A,    23;    L.R.A.IOHD,    89. 
Limitation     of     application     of     workmen's 
compensation  statute  by  Federal  laws. 
L.R.A.1916A,   461;    L.R.A.1917D.   85. 
Extraterritorial    application    of    workmen's 
.  -  conlpensation     act;     conflict     of     laws. 
•  L.R.A.1916A,   443;    L.R,A.1917D,   83. 
Applicability  of  Compensation  Statutes  to 
/.     minors.*   L.R.A.1918F,  209. 

§  2.  Talldlty  of  statutes. 

Constitutionality    of    workmen's    compensa- 
tion and  industrial  insurance  statutes. 
34  L.R.A.  (N.S.)    162:   37  L.R.A.  (N.S.) 
•      466;  •L.R.A.1916A,    409;    L.R.A.1917D, 
61.  ' 

g  S.  Review  of  decisions  of  commis- 
sion; appeals. 

Right  and  extent  of  review  of  findings  of 
.,,   commission.     L.R.A.1917D,  186. 

Under  Engli&h  act  of  1906.  L.R.A.1916A, 
178. 

American  decisions.    L.R.A.1916A,  266. 

Proyision  in  Workmen's  Compensatiqn  Act 
as  to  appeals  in  Scotland,  where  an 
action  is  raised  independently  of  the 
act.     L.R.A.1916A,  127. 

Conclusiveness  of  finding  as  to  whether  in- 
}VLty  Vyas  one  "arising  out  of  and  in  the 
course  of"  the  employment.  L.R.A. 
1918F,  915. 

Conclusiveness  of  findings  as  to  what  con- 
stitutes an  accident  or  personal  injury. 
L.R.A.1918F,  877. 

§  4.  \^lio  is  an  employee  within  mean- 
ing, of  acts. 

In  general.  L.R.A.1916A,,  115,  246;  L.R.A. 
191,7P,  145;  L.R.A.1918F,  201. 

Public  officers  or  employees.  L.R.A.1917D, 
14«. 

I'eachers.    L.R.A.1918F,  204. 

Who  are  employees  of  state,  county,  city, 
district,  or  charitable  and  other  pub- 
lie  institutions.     L.R.A.1918F,  190. 

Persons'  employed  by  employees.  L.R.A. 
19T8F,  202. 

Employees  injured  while  off  duty.  L.R.A. 
1918F,  202. 

Officers  and  stockholders  of  corporation. 
L.R.A.1918F,  203. 

Members  of  partnership.    L.R.A.1918F,  204. 

Employees  paid  by  commission  or  by  the 
piece.     L.R.A.1918F,  205. 

Employees  sharing  in  profits.  L.R.A. 
1917D,  146. 

Applicability  of  statute  as  affected  by 
amount  of  remuneration  of  employee. 
L.R.A.19nD,  146;  L.R.A.1918F.  205. 


subcontractors. 


L.R.A. 


Begin  xvith  this  boolc  on  every  laiv  question. 


W0RK:\IEX'S  compensation— cont'd 
Farm     laborers      and     domestic      servants. 

L.R.A.1917D,  147; 
Wives,    children,    and 

L.R.A.1918F,  205. 
Independent      contractors,      subcontractors, 

and      their      employees.      L.R.A.1916A, 

118,    247;     L.R.A.1917D,    148;     L.R.A. 

1918F,  206. 
Employees       of 

1917D,  148. 
"Casual"     employees.       L.R.A.1916A,     120, 

247,    365;    L.R.A.1917D,    147;    L.R.A. 

1918F,  202. 
Seamen.     L.R.A.1916A,  120. 
Driver    of    taxicab    as    workman.     L.R.A. 

1918E,  422. 

§  5.  liiability  to  servants  of  contract- 
ors. 

In     general.      L.R.A.1917D,      148;      L.R.A. 

1918F,  206. 
English     and    Colonial    decisions.       L.R.A. 
191GA,  95. 

§  6.  What  employers  and  employments 
are  within  provisions  of  acts. 

Who  are  employers  within  the  meaning  of 
the  Compensation  Statiites.  L.R.A. 
1918F,  179. 

Applicability  of  Compensation  Acts  to 
states,  counties,  cities,  districts,  chari- 
table and  other  public  institutions,  and 
their  employees.  L.R.A.1917D,  143; 
L.R.A.1918F,  190. 

Application  of  English  act  of  1906  to  work-^ 
men  under  the  Crown  ( §  9 ) . 
L.R.A.1916A,  111. 

Liability  of  general  or  special  employer. 
L.R.A.1917D,   143. 

Application  to  employer  having  limited 
niunber  of  employees.  L.R.A.1917D, 
144. 

Liabilitv  of  lessor  of  premises.  L.R.A. 
19l'7D,   145. 

Employments     in     general.       L.R.A.1916A, 

192,  216;   L.R.A.1917D,  150. 
,  Employment    for    purposes    of    employer's 
trade   or   business.      L.R.A.lfll7D,    15^^. 

Employment  carried  on  for  pecuniary  gain. 
L.R.A.1917D,  151. 

Extrahazardous  employment  and  other  oc- 
cupations expressly  included  within 
W^orkmen's  Compensation  Acts.  L.R.A. 
1917D,  152;  L.R.A.1918r,  230. 

Employment  casual  and  not  in  the  usual 
course  of  the  employer's  business. 
L.R.A.1918F,  215. 

Factories,  mills,  warehouses,  etc.,  power. 
L.R.A.1917D,   156. 

Injury  to  servant  driving  automobile. 
L.R.A.1918E,  422. 

Applicability  of  state  compensation  acts  to 
injuries  to  railroad  employees  while 
engaged  in  handliag  interstate  mail. 
L.R.A.1918D,  426. 

Applicability  of  state  compensation  stat- 
utes to  non-negligent  injuries  of  rail- 
road employees  while  engaged  in  inter- 
state  commerce.      L.R.A.1918C,    450. 

Applicability  of  State  Compensation  Acts 
to  injuries  within  admiralty  jurisdic- 
tion. '  L.R.A.1918C,  474. 


INDEX  TO  L.R.A.  NOTES. 


1413 


WORKMEN'S  CO^klPENSATION— cont'd 
Application  of  English  act  of  1906  to  work- 
men   in    the    sea    service     (§    7). 
L.E.A.1916A,  103. 


§  7.  What  injuries  are  within  provi- 
sions of  act. 

Admissibilitv  of  coroner's  finding  to  show 
cause  of  death.     L.R.A.1M8E,  926. 

Injury  disabling  employee  "from  earning 
full  wages."'     L.R.A.1916A,   72. 

Recoverj'  of  compensation  where  workman 
suffers  injury  from  assault.  L.R.A. 
1916A,  H09. 

Applicability  of  compensation  act  where  in- 
sane workman  commits  suicide  or  suf- 
fers personal  injuries.  L.R.A. 1916A,  339. 


§  8.  —"accident"  and  "i>ersonal  in- 
jury." 

In  general.  L.R.A.1916A,  29,  227;  L.R.A. 
1917D,  103;  L.R.A.i918F,  867. 

Hernia  as  an  "accident"  or  "personal  in- 
jury" within  the  meaning  of  the  com- 
pensation act.  L.R.A.  19 16  A,  303; 
L.R.A.1917D,  108;   L.R.A.1918F,  873. 

Injmies  caused  by  weather  conditions,  such 
as  liglitning,  smistroke,  freezing,  etc. 
L.R.A.1916A,  38,  43,  241;  L.R.A.  1917D, 
108,  129;  L.R.A.1918F,  936. 


§  9.  —  Injuries  "arising  out  of  and  in 
tlie  course  of  employment. 

In  general.  L.R.A.1916A,  40,  232;  L.R.A. 
191 7D,  114:   L.R.A.1918F,  896. 

Injury  from  assault.     L.R.A.1918E,  498. 

Injuries  cau;ied  by  sportiye  acts.  L.R.A. 
1918E,  504. 

Injuries  received  while  procuring  refresh- 
ment. L.R.A.1916A,  320;  L.R.A.1917D,' 
120;   6  B.  R.  C.  471. 

Injuries  received  wiiile  seeking  toilet  facili- 
ties.   L.R.A. 1916A,  317. 

Injury  to  employee,  received  while  on  the 
street.  L.R.A.1916A,  314;  L.R.A. 1917D, 
114;L.R.A.1918F,  911. 

Injuries  received  while  going  to  and  from 
work.  L.R.A.1916A,  331;  L.R.A.1917D, 
119;L.R.A.1918F,  907. 

Injuries  received  while  trying  to  save  per- 
sonal belongings  from  loss.  L.R.A. 
1916A,  322. 

Loss  of  eve  through  infection.  L.R.A.1916A, 
326. ' 

Injury  by  lightning.     L.R.A.19186A,  347. 

Injury  caused  by  weather  conditions  such  as 
lightning,  sunstroke,  freezing,  etc. 
L.R.A.1918F,  936. 

Injury  caused  by  intoxication.  L.R.A. 
191 8F,  901. 

Injury  to  servant  using,  or  riding  in,  mas- 
ter's automobile     L.R.A.1918E,  421. 

Accident  occasioned  by  adoption  of  danger- 
ous method  of  doing  work.  7  B.  R.  C. 
137. 

Consult  also  L.B.A.  Digests  of  Cases, 


W0RK:\1EN'S  COMPENSATION— cont'd 
Injury  resulting  from  doing  prohibited  act. 
7  B.  R.  C.  159;  L.R.A.1918F,  914. 

§10.  — disease. 

Recovery  for  incapacity  resulting  from  dis- 
ease.    L.R.A.1916A,  289. 

Incapacity  resulting  from  industrial  or  oc- 
cupational disease.  L.R.A.1916A,  106; 
L.R.A.1917D,  113;  L.R.A.IOISF,  872. 

Effect  of  fact  that  pre-existing  disease  con- 
tributed to  injury  or  death  on  right  to 
recover.     L.R.A.1917D,  110,  129. 

Effect  of  pre-existing  disease  which  aggra- 
vates  injury.     L.R.A.1918F,   869. 

Recovery  where  disease  is  caused  by  or  fol- 
lows an  accident.  L.R.A.1917D,  130; 
L.R.A.1918F,  868. 

§  11.  — "serious  and  wilful  miscon- 
duct" of  employee. 

What  constitutes  '"serious  and  wilful  mis- 
conduct" within  tlie  meaning  of  the 
compensation  act.  L.R.A.1916A,  75, 
243,   355;   L.R.A. 1917D,   133. 

In  case  of  injury  to  servant  driving  auto- 
mobile.    L.R.A.1918E,  423. 

Recovery  of  compensation  where  injured 
workman  was  intoxicated  at  the  lime 
of  the  injury.  L.R.A.1916A,  351; 
L.R.A.1917D,  134;  L.R.A.1918F,  901. 

Right  to  compensation  where  injury  re- 
sults from  doing  prohibited  act.  7  B. 
R.  C.  1,59;   L.R.A.1918F,  914. 

§  12.  What  acts  or  conduct  of  worlt- 
man  after  injury  will  defeat  right 
to  compensation. 

Refusal  of  injured  workman  to  have  opera- 
tion performed  as  bar  to  compensation 
under  workmen's  compensation  act. 
L.R.A.1916A,  387. 

§  13.  Remedies  where  injury  is  caused 
by  third  person. 

Rights  and  remedies  under  compensation 
acts  where  injuries  were  caused  by  neg- 
ligence of  third  person.  L.R.A. 19164, 
360;  L.R.A.1917D,  98;  L.R.A.1918F, 
524. 

Liability  under  English  act  of  1906  of  third 
person  whose  negligence  causes 
the  injury  (§  6).  L.R.A.1916A, 
100. 

§  14.  Notice  of  injury;  claim  for  com- 
pensation. 

In  general.  L.R.A.1916A,  83,  244;  L.R.A. 
1917D,    135;    L.R.A.1918E,    556. 

Form  and  contents  of  notice.  L.R.A.1917D, 
137;   L.R.A.1918E,  558. 

Time  within  which  notice  must  be  given  or 
other  steps  taken.  L.R.A.1917D,  138; 
L.R.A.1918E,  559. 

To  whom  notice  must  be  given.  L.R.A. 
1917D,  138;  L.R.A.1918E,  561. 

By  whom  notice  must  be  given.  L.R.A. 
1917D,    138;    L.R.A.1918E,   562. 

Employer  prejudiced  by  failure  to  receive 
notice.  L.R.A.1917D,  139}  L.R.A. 
1918E,  562. 


1414 


INDEX  TO  L.R.A.  NOTES. 


WORKMEN'S  COMPENSATION— cont'd 
Excuses  for  not  giving  notice   or   making 

claim.    L.R.A.1917D,  141;  L.R.A.1918E, 

564. 

§   15.  Extent  of  recovery. 

Coniucnsatioii  recoverable  generally.  L.R.A. 
10  Hi  A,    129;    L.R.A.1917D,    164. 

Consideration  of  possible  earnings  of  injured 
employee  in  other  employment,  in  lixing 
compensation  under  compensation  acts. 
L.R.A.1916A,  377. 

"Average  weekly  earnings"  under  compen- 
sation act  of  workman  employed  by  sev- 
eral employers.    L.R.A.1916A,  373. 

Inability  to  get  work  because  of  injury,  as 
'•incapacity  for  work,"  within  the  mean- 
ing   of    the    workman's    compensation 

'         act.     L.R.A.1916A,  380. 

Effect  of  pre-existing  disease  on  extent  of 
recovery.      L.R.A.1917D,    110,    129. 

Review  of  amount  of  award.  L.R.A.1917D, 
18G. 

§    16.  Who  entitled  to  compensation. 

Who  are  dependents.  L.R.A.1916A,  121, 
163,  248;  L.R.A.1917D,  157;  L.R.A. 
191 8F,  483. 

When  are  husband  and  wife  living  together 
within  the  meaninsr  of  the  compensation 
act.    L.R.A.1916A,'370. 

Recovery  bv  nonresident  alien  dependents. 
L.R.A.i918F,  496. 

Right  of  personal  representatives  to  com- 
pensation that  was  being  paid  to  de- 
pendents or  employees.  L.R.A.1918F, 
563. 


WORTHLESS  PAPER— cont'd 

Payment  of  debt  by.  35  L.R.A.  (N.S.)  49, 
71. 

Effect  of  transfer  of  third  person's  worth- 
less check  or  note  without  indorsement. 
10   L.R.A.(N.S.)    510. 

Forgery  of.     24  L.R.A,  34. 


♦  •» 


WOUND. 

Opinion  evidence  as  to  cause  of,  see  Evi- 
UEXCE,  §  187  b. 


WOUNDING. 


Internal   hemorrhage  as   evidence  of  statu- 
tory wounding.     28   L.R.A. (N.S.)    965. 


WRECKING  GANG, 

Foreman  of,   as   vice   principal.     51   L.R.A. 
527. 


WORK  OF  NECESSITY. 

See  Sunday,  §  6. 


WORK  TRAIN. 


Liability  of  railroad  company  for  injury  to 
person  wrongfully  riding  on  work  train 
bv  collusion  with  train  employee.  37 
L.R.A.{N.S.)   427. 


WORN   COIN. 


As  medium  of  payment,  see  Payment,  §  8. 
Tender  of.     33  L.R.A.  824. 


WORSHIP. 

Freedom   of,   see   Constitutional   Law,   § 

29b. 
Disturbance  of,  see  Disturbing  Meeting. 

Injunctive  relief  as  to  mode  of.    3  L.R.A. 

(N.S.)   879. 


WORTHLESS  PAPER. 


Forgery  of,  see  Forgery,  §  8. 


WRECKS. 

Wreck  as  attractive  nuisance.  L.R.A. 
1917F,  1031. 

Obstruction  of  navigation  by;  liability  for. 
59  L.R.A.  58. 

Employer's  liability  for  negligence  of  inde- 
pendent contractor  in  removal  of,  from 
navigable   river.      65   L.R.A.   848. 

Liability  of  owner  for  cost  of  removing, 
from  water.     3   L.R.A. (N.S.)    1120. 

Presumption  of  survivorship  among  those 
perishing  in  shipwreck.    51  L.R.A.  863. 


WRENCHES. 


Begin  with  this  boolc  on  every  laiv  queaUon, 


Master's  liability  for  injury  by  defect  in. 
13  L.R.A.  (N.S.)  681;  L.R.A.1918D, 
114L 

«-»♦ 

WRIT  AND  PROCESS. 

/.  In  general,  §  1-7. 
II.  Service,   §§  8-40. 

a.  In  general,  §§  8-14, 

b.  Constructive    or    mihstituted 

service,  §§   15-21. 

1.  In  general,  §§  15-19. 

2.  By   publication,    §§    20, 

21. 
o.  Service    on   corporation,    §§ 
22-29. 

1.  In  general,   §§  22,  2.3. 

2.  Foreign         corporations, 

§§  24-29. 

d.  Privilege ;      exemption,      §§ 

30-37. 

e.  Waiver  of  service,  §  38. 

f.  Liahilitjf  of  officer  making,  § 

39. 

g.  Liability  for  failure  to  make, 
§   40. 

Return,    §    41. 


III. 


INDEX  TO  L.R.A.  NOTES. 


1415 


WRIT  AND  PROCESS— cont'd 
/,  In  general. 

S    1.  Generally. 

Various  particular  writs,  see  Assistance; 
Attachment;  Capias  Ad  Respondend- 
um; Capias  Ad  Satisfaciendum;  Cer- 
TioRAKi ;  Execution  ;  Fieri  Facias  ; 
Habeas  Corpus;  Injunction;  Man- 
damus; Ne  Exeat;  Prohibition;  Quo 
Warranto;    Replevin;    Retorno    Ha- 

BEXDO, 

Abuse  of  process,  see  Abuse  of  Process. 
Writ    of    error,    see    Appeal    and    Error; 

Coram  Nobis. 
Burden   of    proof   in    action   for    failure   to 

execute  process,  see  Evidence,  §  86. 

Effect  of  form  of  summons  in  determining 
nature  of  action.     50  L.R.A.(N.S.)    2.3. 

Complaint  as  aiding  defective  summons.  44 
L.R.A.(N.S.)    1.38. 

For  summonin';  grand  jury.    27  L.R.A.  778. 

Effect  of  lack  of  jurisdiction  due  to  void, 
irregular,  or  defective  process,  on  right 
to  maintain  action  for  malicious  prose- 
cution.   2  L.R.A.  (N.S.)   1106. 

Claiming,  or  taking  possession  of.  prop- 
ertv  from  officer  who  has  seized  it  un- 
der a  writ.     47  L.R.A. (N.S.)   1146. 

Defectiveness  of  process  against  junior  en- 
cumbrancer made  a  party  to  a  suit  for 
foreclosure  of  senior  mortgage.  36 
L.R.A. (N.S.)   431. 

Injunction  against  judgment  for  matters 
affecting  process.     31    L.R.A.  204. 

Injunction  against  sales  or  other  proceed- 
ings under  final  process.     30  L.R.A-  98. 

Title  of  purchaser  at  judicial  sale  as  af- 
fected bv  irregularities  in  process.  21 
L.R.A.  43. 

Solicitation  to  avoid  as  a  crime.  25  L.R.A. 
439. 

Effect  of  omission  of  internal  revenue  stamp 
from.    48  L.R.A.  313. 

Effect  of  defects  or  omission  in  copy  of  writ 
or  process  delivered  to  person  served. 
L.R.A.1917C,   150. 

Execution  of  process  and  writs  in  name  of 
deputy.     42  L.R.A.(N.S.)    881. 

§   2.  Slgnatnre. 

Signing  writ  by   proxy.     22  L.R.A.  298. 
Typewritten,  printed  or  stamped  signature. 
L.R.A.1917B,  285. 

§   3.  Time  of  issuing. 

Issuance  of,  on  holidays.     19  L.R.A.  318. 

§  4.  Effect  of  writ  or  process  issued 
without  seal  of  court. 

In  criminal  cases.     20  L.R.A.  424. 

As  to  statutory  requirements.     20  L.R.A. 

424. 
As  to  summons.    20  L.R.A.  425. 
As  to  the  mode  and  form  of  the  seal.     20 

L.R.A.  426. 
As  to  use  of  seals  on  original  writs  in  civil 

cases.     20  L.R.A.  427. 
As  to  judicial  writs  under  seal.     20  L.II.A. 

428. 
Co»i8?iff  (dso  L.R.A.  Digests  of  Cases. 


WRIT  AND  PROCESS,  I.— eont'd 

As   to   amending   process   and   writs   where 

the  seal   has  been  omitted.     20  L.R.A. 

428. 

§   5.  Mistake  in  name  or  description. 

Omission  of  Christian  name  in  publication 

of   process.      11    L.R.A. (N.S.)    676;    28 

L.R.A.(N.S.)  436. 
Use  of  initials  instead  of  Christian  name  in 

publication   of    process.     28   L.R.A.  (N. 

S.)    436. 
EfTect  of  summons  or  notice  to  person  bv 

wrong    initial.      15   L.R.A.(KS.)    129'; 

42   L.R.A.(N.S.)    151. 
Applicability  of  doctrine  of  idem  sonans  to 

substituted    or   constructive    service   of 

process.     L.R.A.191oB,  1149. 
Mistake  in  name  of  party  in  copy  of  writ  or 

process     delivered     to     person     served. 

L.R.A.1917C,  155. 
i  Misnomer  as  ground  of  attack  on  divorce 

decree.     L.R.A.1917B,  439. 
Complaint  as  aiding  summons  defective  as 
to  names.    44  L.R.A.(N.S.)   138. 

§  6.  — effect  of  erroneously  describing 
defendant  as  a  corporation  instead 
of  as  individual  or  partnership,  or 
vice  versa. 

Describing  defendant  as  corporation  instead 

of  partnership.     40   L.R.A. (N.S.)    567. 
Describing  defendant  as  corporation  instead 

of  individual.     40  L.R.A. (N.S.)   568. 
Describing  defendant  as  partnership  instead 

of   corporation.     40   L.R.A.(N.S.)    569. 
Describing  defendant  as  individual   instead 

of   corporation.     40   L.R.A. (N.S.)    569. 

§    7.  Amendment. 

Amendment  of  process  where  seal  has  beeii 

omitted.     20  L.R.A.   428. 
Of    writ   of    error    from    Federal    Supreme 

Court.     66  L.R.A.  839. 

II.  Service, 
a.  In  general. 

§   8.  Generally. 

Acceptance  of  service,  see  Acceptance,  §  2. 

Consent  to  mode  of  service,  see  Consent, 
§   16. 

Constitutionality  of  statute  as  to,  see  Con- 
stitutional Law,  §  190. 

In  action  by  or  against  partnership,  see 
Partnership,  §  64. 

Quashing  summons  or  setting  aside  service 
thereof  as  affecting  statute  of  limita- 
tions.    45  L.R.A. (N.S.)   756. 

Motion  to  quash  summons  or  set  aside  serv- 
ice as  extending  time  to  plead.  47 
L.R.A.(N.S.)   855. 

Attack  on  divorce  decree  based  on  illegal 
or  defective  service  of  process.  L.R.A. 
1917B,  435. 

Fraudulent  service  of  process  in  divorce 
suit  as  ground  for  attack  on  decree. 
L.R.A.1917B,  451. 

What  constitutes  "personal  service"  of  pa- 
pers.   16  L.R.A.  200. 


1416 


INDEX  TO  L.R.A.  NOTES. 


WRIT  AND  PROCESS,  II.  a— cont'd 

In  whose  name  deputy  should  act  in  execu- 
tion of  process  and  writs.  19  L.R.A. 
180. 

Injunction  against  judgment  for  matters  af- 
fecting service  of  process.  31  L.R.A. 
204. 

Right  of  intervenor  in  attachment  to  at- 
tack validity  of  service  of  process.  23 
L.R.A.{N.S.)    1084. 

Resisting  service  of  civil  process  fair  on  its 
face  but  invalid  in  fact  as  an  offense. 
21  L.R.A.(N.S.)   66. 

Necessity  for  service  upon  wife  in  action 
for  wife's  libel  and  slander.  30  L.R.A. 
529. 

Right  to  break  and  enter  dwelling  to  serve 
civil  writ  of  process.    L.R.A.1916D,  281. 

Right  of  oflBcer  in  executing  criminal  proc- 
ess to  take  possession  of  evidentiary 
articles.  18  L.R.A.  (N.S.)  253;  L.R.A. 
1916C,  1017. 

What  service  of  process  is  sufficient  to  au- 
thorize judgment  in  rem,  50  L.R.A. 
597. 

Services  of  writ  or  process  by  telephone. 
L.R.A.1915D,  427. 

Necessity  and  sufficiency  of  service  of  notice 
of  application  for  alimony  or  support 
or  for  cliange  of  allowance  in  that  re- 
gard after  decree  of  divorce  or  separa- 
tion.    L.R.A.1915B,  674. 

Of  writ  or  error  from  Federal  Supreme 
Court.     66  L.R.A.  840. 

Of  citation  from  Federal  Supreme  Court. 
66  L.R.A.  845. 

Federal  courts  following  states'  decisions  as 
to  form  of  service  of.  40  L.R.A. (N.S.) 
453. 

§   9.  Who  may  serve. 

Power  of  consul  to  serve  process.  45  L.R.A. 
500. 

§    10.  Time  of. 

First  and  last  days  in  computing  time  on. 

49-  L.R.A.  217. 
Service  of,  on   holiday.     19   L.R.A.  318. 

§   11.  Place  of. 

Place  of  constructive  or  substituted  service, 
see  infra,  §  17. 

§   12.  — personal  service  out  of  state. 

Personal  service  out  of  state  on  nonresident. 
50  L.R.A.  585. 

§   13.  On  nonresident. 

Constructive  service,  see  infra,  §  18. 

Due  process  in  service  on.     50  L.R.A.  577. 

What  service  sufficient  as  basis  of  judgment 
in  personam  against  nonresident.  50 
L.R.A.  577. 

Right  to  serve  process  in  action  against  cor- 
poration upon  nonresident  officer  who  is 
within  state  as  a  party.  24  L.R.A. 
(N.S.)   276;  52  L.R.A. (N.S.)   583. 

§   13a.  On  prisoner. 

Process  may  generally  be  served.    46  L.R.A. 

706. 
Prisoner  serving  sentence.     46  L.R.A.  707. 
Assistance  of  court.    46  L.R.A.  708. 
Service  on  jailer.     46  L.R.A.  708. 


'Begin  with  this  hook  on  every  law  question. 


WRIT  AND   PROCESS,  II.   a— cont'd . 
Service    immediately    after    discharge    from 

criminal  arrest.    46  L.R.A.  709. 
Effect    of    privilege    from    first    arrest.      46 

L.R.A.  709. 
Illegality  of  first  arrest.     46  L.R.A.  709, 
Custody  under  extradition  proceedings.     46 

L.R.A.  711. 

§  14.  What  service  sufficient  to  consti- 
tute due  process. 

As  basis  of  judgm(!nt  in  'personam.  50 
L.R.A.  577. 

As  basis  of  judgment  in  rem.  50  L.R.A» 
597. 

Constructive  or  substituted  service  on  resi- 
dent in  action  in  personam  as  due 
process  of  law.  35  L.R.A.  (X.S.) 
292;   L.R.A.1917C,  1143. 

b.  Constructive  or  substituted  service. 
1.  In  general. 

§    15.  Generally. 

In  divorce  suit,  see  Divorce  axd  Sepaba- 
TION,  §  10. 

As  to  decrees  of  divorce  rendered  upon  con- 
structive service,  see  Divorce  and 
Separation,  §   10. 

Award  of  alimony  upon  constructive  service, 
see  Divorce  and  Saparation,  §  38. 

Validity  and  effect  of  a  judgment  against 
parties  designated  in  an  action  as  un- 
known.    L.R.A.1918F,  609. 

Constructive  or  substituted  service  on  resi- 
dent in  action  in  personam  as  due 
process  of  law.  35  L.R.A. (N.S.)  292; 
L.R.A.1917C,    1143. 

Applicability  of  doctrine  of  idem  sonans 
to  substituted  or  constructive  service  of 
process.  30  L.R.A. (N.S.)  122;  L.R.A. 
1915B,  1149. 

Validity  of  constructive  service  upon  part- 
nership in  firm  name.  29  L.R.A. (N.S. > 
287. 

Validity  of  statute  authorizing  constructive 
or  substituted  service  on  domestic  cor- 
poration.    4  L.R.A. (N.S.)    117. 

Is  remedy  of  party  to  open  a  default  judg- 
ment based  on  constructive  service  of 
process  available  to  his  privies.  26 
L.R.A.(N.S.)    1063. 

Effect  on  marketability  of  title  of  defective 
constructive  service  of  process.  38 
L.R.A.(N.S.)    23. 

Lack  of  actual  notice  in  case  of  construc- 
tive service  as  ground  for  relief,  under 
a  statute  permitting  opening  of  a 
judgment  for  mistake,  inadvertence, 
surprise,  or  excusable  neglect.  31 
L.R.A.(N.S.)    1068. 

Effect  of  absence  of  personal  service  on  va- 
lidity of  the  Torrens  Law.  L.R.A. 
191 6D,  16. 

Attack  on  divorce  decree  for  failure  to  con- 
form to  statute  in  making  constructive 
service  on  defendant  spouse.  L.R.A. 
191 7B,   436. 

Constructive  service  of  process  in  suit  to 
set  aside  divorce.    L.R.A.1917B,  509. 


INDEX  TO  L.R.A.  NOTES.  ~ 


1417 


WRIT  AND  PROCESS,  II.  b,  1— cont'd 
§    16.  Inquiries      as      to      defendant's 
wlierea  bouts. 

Character  of  inquiry  as  to  whereabouts  of 
party  necessary  to  sustain  con- 
structive service  of  process.  37 
L.R.A.(N.S.)   206. 

§    17.  Place  of   service. 

Where  may  process  be  served  under  statutes 
providing  for  constructive  service  by 
leaving  it  at  one's  usual  place  of  abode, 
residence,  and  the  like.  21  L.R.A.  (N.S.) 
;}44. 

§    18.  On  nonresident.  ' 

Service   by   publication,   see   infra,   §   20. 
In  divorce  suit,   see  Divorce  and  Sepaba- 
TIOX,  §   10. 

Constructive  service  on  alien  enemy.  L.R.A. 
1918B,  196. 

In  proceedings  in  rem  against  nonresident. 
50  L.R.A.  582. 

Validity  of  personal  judgments  rendered  up- 
on constructive  process  against  non- 
residents.    16  L.R.A.  231. 

Sufficiency  of  constructive  service  on  alien 
enemy.    5  B.  R.  C.  594. 

May  jurisdiction  of  suit  to  determine  in- 
terests of  partners  or  cotenants  in  real 
property  within  state  rest  upon  con- 
structive service  upon  nonresident.  52 
L.R.A.  (N.S.)    106L 

May  jurisdiction  of  suit  for  specific  per- 
formance of  a  contract  for  the  convey- 
ance of  land  within  the  territorial  ju- 
risdiction rest  upon  constructive  service 
of  process  against  a  nonresident.  23 
L.R.A.(N,S.)    1135. 

May  jurisdiction  of  suit  to  quiet  title  or  re- 
move cloud  on  title  of  land  within  the 
territorial  jurisdiction  rest  upon  con- 
structive service  of  process  against  a 
nonresident.     29   L.R.A. (N.S.)    625. 

§  19.  Validity  of  personal  judgments 
rendered  on  constructive  service. 

Against  residents.     16  L.R.A.  232. 

What  service  sufficient  as  basis  of  judgment 
in  personam.     50  L.R.A.  577. 

What  property  subject  to.     16  L.R.A.  234, 

For  alimony  or  costs.     16  L.R.A.  234. 

Against  nonresident  not  personally 
served  within  the  state,  and  not 
appearing.  9  L.R.A. (N.S.)  593; 
L.R.A.1917F,  1161. 

Validity  of  personal  judgment  against  par- 
ties designated  in  an  action  as  un- 
known.    L.R.A.1918F,  609. 

Against  nonresidents.     16  L.R.A.  231. 

In  proceedings  in  rem.     50  L.R.A.  582. 
Judgment  for  alimony.    9  L.B.A.  ( N.S. ) 
593;  L.R.A.1917F,  1161. 

Constitutionality  of  statute  authorizing  per- 
sonal judgment  against  partners  on 
personal  service  on  one  or  more.  50 
L.R.A.  595. 

Validity  and  effect,  as  against  defendant 
not  personally  served  within  the  state, 
of  a  judgment  in  personam  against 
joint  debtors.     35  L.R.A. (N.S.)   312. 

Consult  also  L.R.A.  Digests  of  Cases. 


WRIT  AND  PROCESS,  II.  b,  1— cont'd 
Service  of  process  upon  foreign  corporation 
not  doing  business  within  the  state,  as 
basis  of  a  judgment  in  personam.  8 
L.R.A. (N.S.)  538. 
Effect  of  combining  a  claim  for  judgment 
in  personam  with  a  claim  for  judgment 
in  rem  in  a  suit  based  on  constructive 
service  or  service  by  publication. 
L.R.A.1918B,  518. 

2.  By  publication. 

§20.  In  general. 

Validity  and  effect  of  a  judgment  against 
parties  designated  in  an  action  as  un- 
known    L.R.A.1918F,  609. 

Validity  of  service  by  publication  on  alien 
enemy.     L.R.A. 1918B,   196. 

Effect  of  combining  a  claim  for  judgment 
in  personam  with  a  claim  for  judgment 
in  rem  in  a  suit  based  on  service  by 
publication.     L.R.A.1918B,  518. 

Service  by  publication  on  resident  in  action 
in  personam  as  due  process  of  law.  35 
L.R.A. (N.S.)    294;    L.R.A.1917C,    1143. 

Right  to  probate  will  on  service  of  notice 
by  publication.     35  L.R.A. (N.S.)    1058. 

Publication  of  process  against  married 
woman  in  her  maiden  name.  19  L.R.A. 
(N.S.)   984. 

Effect  of  acceptance  of  service  of  process  by 
publication  or  personally  outside  of 
state.     24  L.R.A. (N.S.)    1279. 

When  action  based  on  service  by  publication 
deemed  commenced  for  purpose  of  stat- 
ute of  limitations.    28  L.R.A.  ( N.S. )  702. 

Service  by  publication  to  give  jurisdiction 
of  issues  between  nonresident  and  resi- 
dent claimants  to  benefits  under  an  in- 
surance policy.     L.R.A.1917B,  393. 

Relief  from  judgments  rendered  on  publica- 
tion of  process,    16  L.R.A.  361. 

Opening,  setting  aside,  and  vacating  decrees 
obtained  by  publication.  19  L.R.A. 
817. 

Under  the  Torrens  Law.     L.R.A.1916D,  16. 

Sufficiency  of  notice  by  publication  to  in- 
sured  of  cancelation  of  fire  policy.  50 
L.R.A.(N.S.)    40. 

§21.  Affidavit   for. 

Affidavit  showing  that  persons  sought  to  be 
made  parties  or  their  names  are  im- 
known.     L.R.A.1918P,  629. 

Falsity  of  affidavit  to  obtain  leave  to  serve 
process  by  publication  in  divorce  suit 
as  fraud  vitiating  decree.  L.R.A, 
1917B,  447. 

Effect  of  omission  of  statement  that  tfwner 
is  unknown  in  affidavit  for  service  by 
publication  in  proceedings  in  rem,  to 
enforce  tax.     36  L.R.A. (N.S.)    1064. 

Delay  in  procuring  order  for  publication  of 
summons  after  making  of  affidavit.  47 
L.R,A,(N.S.)  499. 

o.  Service  on  corporation, 
1.  In  general. 

§  22.  Generally. 

What  service  sufficient  as  basis  of  judgment 
in  personam  against  corporation,  50 
L.R,A.  588. 


1418 


INDEX  TO  L.R.A.  NOTES. 


WRIT  AND  PROCESS,  II.  c,  1— cont'd 
Validity  of  statutes  authorizing  construc- 
tive or  substituted  service  on  domestic 
corporation.  4  L.R.A.  (N.S.)  117. 
Injunction  against  judgment  for  matters 
relating  to  service  on  corporation.  31 
L.R.A.  206. 

§   23.  On  servant,  agent,  or  officer. 

Of  foreign  corporation,  see  infra,  §§  25-27. 

Service  of  process  on  servant  or  agent  of 
lessee  of  railroad  corporation.    4  L.R.A. 
(N.S.)  272. 
Admission  or  waiver  of  service  by  statutory 
agent  of  corporation  appointed  to  re- 
ceive service.    2  L.R.A. (N.S.)  389. 
Service  of  process,  after  appointment  of  re- 
ceiver, upon   person   designated  by 
statute  to  receive   service   for  cor- 
poration.    47  L.R.A. (N.S.)    179. 
Service  of  process  on  railroad  or  steamship 
company  by  delivery  to  station  or  tick- 
et agent.     L.R.A.1916F,  4.i3. 

2.  Foreign  corporations, 

§   24.  Generally. 

Acquiring  jurisdiction  over  foreign  corpo- 
ration by  service  of  process.  70 
L.R.A.   532. 

Transactions  pursuant  to  agreement  with 
local  dealer  to  sell  product  of  foreign 
corporation  within  state  as  doing  busi- 
ness therein,  rendering  corporation  sub- 
ject to  service  of  process.  44  L.R.A. 
(N.S.)    1097. 

Soliciting  trade  as  doing  business  within  the 
state  so  as  to  authorize  service  against. 
9  L.R.A.(N.S.)  1214;  23  L.R.A.(N.S.) 
834;  L.R.A.1916E,  236. 

What  service  of  process  upon  is  sufficient 
to  constitute  due  process  of  law.  50 
L.R.A.  589. 

Exclusiveness  of  mode  of  service  provided 
by  statute  requiring  foreign  corpora- 
tions to  designate  person  upon  whom 
service  of  process  may  be  made.  5 
L.R.A. (N.S.)    298. 

Compelling  designation  by  foreign  corpora- 
tion of  person  upon  whom  process  may 
be  served  as  condition  of  right  to  do 
business.     1  L.R.A. (N.S.)   558. 

Service  of  process  upon  foreign  corporation 
not  doing  business  within  the  state,  as 
basis  of  a  judgment  in  personam.  8 
L.R.A.  (N.S.)    538. 

Return  of  service  in  suit  against.  23  L.R.A. 
5Q0. 


§  2  5.  Who  may  be  served. 

Early  doctrine.     23  L.R.A.   490. 
Later  doctrine.    23  L.R.A.  490. 
Statutes  authorizing  service.    23  L.R.A.  491. 
Where  corporation  is  not  engaged  in  busi- 
ness within  the  state.    23,L.R.A.  491. 
Service  on  director.     23  L.R.A.  494. 
Service  on   stockholder.     23   L.R.A.  494. 
Effect  of  designating  agent.     23  L.R.A.  494. 
Failure  to  make  designation.    23  L.R.A.  495. 
Termination  of  agency.    23  L.R.A,  495. 
Cashier.     23   L.R.A.  496. 
Begin  with  this  hook  on  every  laiv  question. 


WRIT  AND  PROCESS,  11.  c,  2— cont'd 

Managing  agent.    23  L.R.A.  496. 

Other  agents.     23  L.R.A.  497. 

Service  on  state  officer.     23  L.R.A.  499. 

Admission   of   service.     23   L.R.A.   500. 

Return  of  service.     23  L.R.A.  500. 

In  garnishment  cases.    23  L.R.A.  500. 

Serving  process  of  Federal  court.  23  L.R.A. 
COl. 

English  cases.    23  L.R.A.  501. 

Service  on  insurance  commissioner  for  for- 
eign company.     23  L.R.A.  499. 

Service  of  process  after  appointment  of  re- 
ceiver upon  person  designated  by  stat 
ute  to   receive  service  for  corporation.. 
47  L.R.A. (N.S.)    179. 

Service  of  process  in  action  not  arising  out. 
of  business  transacted  within  the  state, 
upon  the  agent  of  a  foreign  corporation, 
appointed  pursuant  to  statute  to  re- 
ceive service.     L.R.A.1916F,  410. 

Service  of  process  on  railroad  or  steam- 
ship company  by  delivery  to  station  or 
ticket  agent.     L.R.A.1916F,  453. 

§   2  6.  —officer. 

On  officer  casually  present.     70  L.R.A.  532. 
Validity  of  service  of  process  against  for- 
eign   corporation    on    resident    officer. 
L.R.A.1916E,  244. 
Validity  of  service  upon  nonresident  officer 
of    foreign    corporation     while     in 
state    in    connection    with   transac- 
tion   to   which    the   action   relates. 
43  L.R.A. (N.S.)    1015. 
Right  to  serve  process  in  an  action  against 
corporation     upon     nonresident     officer 
who  is  within  state  as  a  partv  or  wit- 
ness.    24  L.R.A. (N.S.)    276;   52  L.R.A. 
(N.S.)    583. 

§2  7.  —managing  agent. 

Right  to  serve  managing  agent.  23  L.R.A. 
496. 

Who  is  managing  agent  of  foreign  corpora- 
tion for  purposes  of  service  of  process. 
4  L.R.A.  (N.S.)   460. 

§   28.  —state  officer. 

Service  on  state  officer.     23  L.R.A.  499. 
Service  on  insurance  commissioner  for  for- 
eign company.     23  L.R.A.  499. 

§29.  Revocation  of  appointment  of 
agent. 

Revocation  by  foreign  corporation  of  ap- 
pointment of  attorney  or  agent  to 
receive  service  of  process.  30 
L.R.A.(N.S.)    678. 

d.  Privilege;  exemption. 

§   30.  Generally. 

Privilege  from  service  of  process  as  affected 
by  route  taken  or  time  consumed.  14 
L.R.A.(N.S.)    63;  L.R.A.1917B,  252. 

§   31.  Who  exempt. 

Privilege  of  prisoner  from  arrest.  46  L.R.A. 

706. 
Privileges  of  members  of  Congress  and  state 
legislature.     23  L.R.A.  632. 


INDEX  TO  L.R.A.  ^'OTES. 


1419 


WRIT  AND  PROCESS  II.  d— cont'd 
Privilege  of  consul  from  suit.  45  L.R.A.  579. 
Exemption  of  attorney  from  service  of  siim- 
mons    while    in     jurisdiction    on    legal 
business.     L.R.A.IDITB,  893. 

§  32.  — nonresident. 

Nonresident  suitor,  see  infra,  §  34. 
Nonresident  witness,  see  infra,  §  36. 

Right  of  nonresident  to  exemption  from 
service  of  process  while  within  a  ju- 
risdiction pursuant  to  condition  of  bail 
bond.  27  L.R.A.  (N.S.)  333;  51  L.R.A. 
(N.S.)    328. 

g    33.   Suitor. 

Privilege  of  suitor  in  Federal  court  from 
arrest  or  service  of  summons  out  of 
state  court.     22  L.R.A. (N.S.)   992. 

EfiFect  on  suit  of  discharge  from  arrest  of 
one  arrested  while  attending  court.  19 
L.R.A.  560. 

§   34.  — nonresident. 

Privilege  from  suit  of  nonresident  party  at- 
tending as  a  witness.     25  L.R.A.  727. 
Privilege  as  affected  by  route  taken  or  time 
consumed.        34      L.R.A.  (N.S.)       663; 
L.R.A.1917B,  252. 
Right  to  serve  process  in  action  against  cor- 
poration  upon   nonresident   officer   who 
is  within  state  as  a  party.     24  L.R.A. 
(N.S.)   276;  52  L.R.A. (N."S.)   1582. 
Exemption  of  nonresident  party  from  serv- 
ice of  civil  process  while  in  state  in 
connection    with    case.      42    L.R.A. 
(N.S.)     1101;    L.R.A.1915A,    694; 
L.R.A.1916E,  1173. 
Exemption  of  suitor  from  service  while  in 
an   intermediate   state   en   route   to   or 
from  trial.     L.R.A.1916A,  738. 

§   35.  Witnesses. 

Service  of  process  on  witness  as  contempt 
of  court.     L.R.A.1915D,  573. 

Privilege  of  witness  from  service  of  process 
as  affected  by  route  taken  or  time  con- 
sumed. 14  L.R.A.(N.S.)  663;  L.R.A. 
1917B,  252. 

Privilege  of  suitor  or  witness  in  Federal 
court  from  arrest  or  service  of  sum- 
mons issued  out  of  state  court.  22 
L.R.A.(N.S.)   992. 

§   36.  — nonresident  witness. 

Reason  of  the  privilege.  25  L.R.A.  721. 
Nature  of  the  privilege.  25  L.R.A.  722. 
The  extent  and  limit  of  the  privilege.     25 

L.R.A.   724. 
Parties  as  witnesses.     25  L.R.A.  727. 
Witnesses  in  general.     25  L.R.A.  731. 
The  effect  of  fraud  and  deceit.     25  L.R.A. 

733. 
Enforcement   of   the   privilege.     25    L.R.A. 

734. 
The  question  of  waiver.     27  L.R.A.  735. 
The  question  of  deviation.     25  L.R.A.  737. 
English  doctrine.     25  L.R.A.  737. 
Service  of  process  on,  as  contempt  of  court. 

L.R.A. 1915D,   573. 
Consult  also  L.R.A.  Digests  of  Cases. 


WRIT  AND  PROCESS,  11.  d— cont'd 

Privilege  of  witness  from  service  of  process 
as  affected  by  route  taken  or  time  con- 
sumed. 14  L.R.A. (N.S.)  663;  L.R.A. 
1917B,  252. 

Exemption  of  witnesses  from  service  white 
in  an  intermediate  state  en  route  to  o» 
from  trial.     L.R.A.1916A,  738. 

Privilege  from  suit  of  nonresident  party 
attending  as  witness.    25  L.R.A.  727. 

Right  of,  to  exemption  from  service  of 
process  while  within  jurisdiction  pur- 
suant to  condition  of  bail  bond.  27 
L.R.A.  (N.S.)  333;  51  L.R.A.  (N.S.)  328. 

Right  to  serve  process  in  action  against 
corporation  upon  nonresident  officer 
Avho  is  within  state  as  a  witness.  24 
L.R.A.(N.S.)  276;  52  L.R.A.  (N.S.) 
583. 

§3  7.  Waiver  of. 

Of    privilege   of   nonresident  witness    from 

suit.    25  L.R.A.  735. 
Of  privilege  of  nonresident  party.     L.R.A. 

1916E,  1173. 
Waiver  of  exemption   of  nonresident  party 

from  service  of  civil  process  while  in 

state  in  connection  with  case.  42  L.R.A. 

(N.S.)  1107. 

e.  Waiver  of  service. 

§38.  Generally. 

Right  of  fiduciary  to  waive  sei'vice  of  process 
by  appearing  in  action.     32  L.R.A.  681. 

Waiver  of  failure  to  serve,  or  defects  in 
service  of  process,  by  appeal  from  jus- 
tice's court  to  courts  where  trial  must 
be  de  novo.     34  L.R.A. (N.S.)    661. 

/.  Liability  of  officer  making. 

§  39.  Generally. 

Liability  of  sureties  on  constable's  bond  for 
assault  made  in  serving  or  executing 
civil  writ  or  process.  8  L.R.A. (N.S.) 
1223. 

Right  to  maintain  action  for  property  in 
specie  against  an  officer  executing 
writ.     18  L.R.A.(N.S.)    1272. 

Mere  display  of  invalid  process  without 
actual  force  or  threats  as  ground  of 
action  for  forceable  entry  and  detainer. 
37  L.R.A.(N.S.)  600. 

g.  Liability  for  failure  to  make. 

§40.  Generally. 

Burden   of   proof   in   action  to  recover   for 

failure    to   execute   process.     3   L.R.A. 

(N.S.)  420. 

Right  to  break  and  enter  dwelling  to  serve 

civil  writ  of  process.    L.R.A.1916D, 

281. 

///.  Return. 

§   41.  Generally. 

In  suit  against  foreign  corporation.  23 
L.R.A.  500. 


1420 


WRIT  AND  PROCESS,  III.— cont'd 

liiiiden  of  proving  return  of  process.  3 
L.R.A.(N.S.)    427. 

Burden  of  excusing  nonreturn  of  process. 
3  L.R.A.(N.S.)   429. 

Recoj,'nition  of  return,  or  of  decree  ren- 
dered tlieioon,  as  affecting  liability  for 
making  false  return.  38  L.R.A.(N.S.) 
ii02. 

Sudicitncy  of  return  attacked  as  showing  a 
joint  service  rather  than  a  several 
service.    49  L.R.A.(N.S.)  946. 

Attack  on  divorce  decree  based  on  false  re- 
turn of  personal  service  of  process. 
L.R.A.1917B,  435. 


INDEX  TO  L.R.A.  NOTES. 

WRONGFUL  ATTACHMENT. 

Damages  for,  see  Attachment,  §  17. 
♦^-♦^ 


WRITINGS. 

Criticism  of,  as  libel.    28  L.R.A.  670. 


WRIT  OP  ASSISTANCE. 

See  Assistance. 


♦*-» 

AVRIT  OF  ENTRY. 

Effect  of  remedy  by,  on  equitable  jurisdic- 
tion to  remove  cloud  on  title.  12  L.R.A. 
(N.S.)   62. 

Remedy  of  pretermitted  heirs  by.  37  L.R.A. 
(N.S.)   1146. 

♦  >  » 


WRIT  OF  ERROR. 

See  Appeal  and  Erbob. 

♦•» 

WRIT   OF  ERROR  CORAM  NOBIS. 

See  CoBAM  Nobis. 

♦-»♦ 

WRIT  OF  POSSESSION. 

Writ  of  possession.     12  L.R.A.  81.* 


WRONGDOERS. 


Joint  wrongdoers,  see  Joint  Cbeditobs  and 
Debtors. 

Right  of  wrongdoers  to  maintain  bill  of  in- 
terpleader.    L.R.A.1918D,  1372. 
Right  of,  to  take  advantage  of  general  statu- 
tory  imposition  of  damages  for  negli- 
gent injuries.     28  L.R.A.  749. 


WRONGFUL    DELIVERY. 

By  carrier,  see  Cabriebs,  §  119. 


WRONGFUL  DISTRESS. 

Liability   for,   see   Landlobd  and   Tenant, 
§  93. 


WRONGFUL  EXECUTION. 

Loss  of  profits  as  element  of  damages  for. 
.52  L.R.A.  57. 


WRONGFUL    INJUNCTION. 

Loss  of  profits  as  element  of  damages  for. 
52  L.R.A.  58. 

Right  of  .tenant  maintaining  his  possession 
by  means  of,  to  crops  grown  on  the 
leasehold.     12  L.R.A.(N.S.)   194. 


WRONGFUL   REPLEVIN. 

Loss  of  profits  as  element  of  damages  for. 
62  L.R.A.  56. 


WRONG  INITIAL. 


Effect  of  summons  or  notice  to  person  by. 

15  L.R.A.(N.S.)    129. 


WRONGFUL  ARREST. 

Liability   for  making,   see  Abbest;    False 

Impbisonment. 
Begin  with  this  book  on  every  law  question. 


WRONG  MEDICAL  TREATMENT. 

As  defense  to  prosecution  for  homicide,  see 
Homicide,  §  25. 

Effect  of,  on  liability  on  policy,  see  In- 
surance, §  162. 


WRONG   NAME. 


Liability  of  officer  for  making  arrest  of  per- 
son under.     51  L.R.A.  219. 


WRONG  PERSON. 


Payment   of   deposit  to   wrong  person,   see 
Banks,  §  25. 


INDEX  TO  L.R.A.  KOTES. 


1421 


X-RAY. 


X 


Photographs  by.  35  L.R.A.  815;  51  L.R.A. 
(X.S.)    858. 

Liability  of  physician  for  injuries  result- 
ing from  electrical  or  X-rav  treatment. 
28  L.R.A.(N.S.)  262;  43  L.R.A.  (N.S.) 
734. 


X-RAY— cont'd 

Power  to  compel  plaintiff  to  submit  to  X- 
ray  examination.     L.R.A. 191 5E,  938. 

Does  authority  for  physical  examination  of 
a  plaintiff  in  an  action  for  personal  in- 
juries include  X-ray  examination.  41 
L.R.A.(X.S.)   1071. 


YARDM.\STER. 

Authority  of  yardmaster  of  railway  com- 
pany to  contract  for  services  of  other 
persons.     L.R.A.1918F,  64. 


YARDS. 

Railroad  yards  as  nuisance.  32  L.R.A. (N.S.) 
374. 

Effect  of  constitutional  or  statutory  provi- 
sion exempting  yards  from  condemna- 
tion  proceedings.     L.R.A.1916A,  1100. 

Application  to  employees  in,  of  statutes  ab- 
rogating fellow-servant  rule.  47  L.R.A. 
(N.S.)   117. 


YEAR'S  SUPPORT. 

Of   widow    generally,    see    Executors    and 
Administrators,  §  55a. 

Widow's    right   to,    out    of    insurance.      4fi 
L.R.A.(N.S.)    788. 


YEAS  AND  NAYS. 

Conclusiveness  of  enrolled  bill  as  to  com- 
pliance with  provision  for  voting  bv.  23 
L.R.A.    342. 

Consult  also  L.B.A.  Digests  of  Cases. 


YELLING. 

As  disturbance  of  public  peace.     32  'LJR.A, 
(X.S.)   505. 


YOUNG   MEN'S   CHRISTIAN   ASSOCI- 
ATION. 

Exemption  from  property  taxation  of  prop- 
erty of.    L.R.A.1916D,  275. 

Giving  of  free  transportation  to  operating 
staff  of,  as  an  unlawful  diseriminatioii. 
L.R.A.1918D,  919. 


^•» 


YOUNG  WOMEN'S  CHRISTIAN  ASSO- 
CIATION. 

Exemption  from  property  taxation  of  prop- 
erty of.    L.R.A.1916iD,  275. 


YOUTH. 

As  defense  to  homicide,  see  Homicide,  §  20. 


TABLE  OF 
SUPPLEMENTED  L.R.A.  NOTES 


TABLE  OF 


SUPPLEMENTED  L.R.A.  NOTES. 


In  the  first  column  of  this  table,  arranged  in  order  of  volumes  and  pages, 
will  l)e  found  those  L.R.A.  notes  that  have  been  supplemented  in  subsequent 
volumes  of  L.R.A. ,  both  old  and  new  series,  and  opposite  them,  in  the 
parallel  column,  appear  the  supplementary  notes. 

In  every  instance,  whether  all  or  only  part  of  a  note  has  been  supple- 
mented, the  initial  page  of  that  note  appears  in  proper  sequence  in  the 
left  hand  column.  Figures  in  parenthesis  following  the  initial  page,  on 
the  same  line  or  on  the  next  indented  line,  refer  to  a  later  page  of  the  same 
note  and  indicate  that  only  the  part  or  subdivision  of  the  note  which  begins 
on  that  page  is  supplemented  by  the  corresponding  note  in  the  right  hand 
column.  In  a  few  instances,  a  word  or  phrase  in  parenthesis  has  been  used 
to  indicate  the  part  of  the  note  that  has  been  supplemented. 

In  the  second  column  the  colon  between  the  volume  and  page  numbers 
represents  the  letters  "L.R.A." 

This  table  is  for  quick  reference  by  one  who  is  using  any  L.R.A.  note 
and  wishes  to  know  on  the  instant  whether  or  not  it  has  been  supplemented 
later.  It  is  not  in  any  sense  a  substitute  for  the  Index  to  Notes.  In  addi- 
tion to  annotation  which  specifically  supplements  an  earlier  note,  other 
kindred,  collateral,  or  closely  related  annotations  may  be  found  in  the  Index 
to  Notes  which  will  prove  very  valuable. 


1  L.R.A. 

131 13:  374. 

143(145) 17:  130. 

19:  53, 

191  (192) 4:  717. 

285 20:  765. 

432 12:  73. 

3  L  R.A 

129  (130) 19:(N.S.)273. 

153  (154) 14:  264. 

166 19:  3,39. 

,285 14:  300. 

20:  635, 

350 16:  60. 

520  (521) 36:  (N.S.)547. 

668(670) 12:  161. 

27:(N.S.)62. 

733  (734) 4:  717. 

798(801) 16:  730. 

«25 33 :  (N.S.) 606. 

«44 54:231. 

45:(N.S.)982. 


3  L.R.A. 

174(175) 17: 

224 14: 

230 18: 

19: 

247 14: 

385 17: 

609 12: 


4  L.R.A. 

33  (41)  . . . , 


61. 
117. 

209. 
655. 
672. 
680. 
738. 


.67: 
34: 
38: 
.13: 
.27: 
30: 
.69: 
.14: 
.12: 
.14: 
.12: 
27; 


1423 


474. 

193. 

171. 

700. 

371. 

79. 

486. 


33. 

(N.S,)  261. 

(N.S.)40. 

374. 

(N.S.)  1168. 

(N.S.)914. 

90. 

721. 

486. 

193. 

161. 

(N.S.)  62. 


1424 


TABLE  OF  SUPPLEMENTED   L.R.A.  NOTES. 


L.R.A.— cont'd. 

785  (791) 12:  220. 

13:(N.S.)197. 

793...! 18:  792. 

850(851) 16:  819. 

L.R.A. 

143  (144) 20:  (N.S.)689. 

253  (255) 20:  (N.S.)689. 

270  (273) 17:  211. 

276  (289) 23:  131. 

759  (760) 24:  231. 

765 22:  808. 

817  (818) 18:  105. 


e  L.R.As 

33  (35) 17:  273. 

(45,46)vi. ..: 17:  272. 

(47)..., : 17:270. 

75  (76)  ..............13:  374. 

161  (162) 5:(N.S.)340. 

167 27:(N.S.)25. 

545 17:  79. 

579..... .......13:  107. 

610  (611) 25:  275. 


621. 
788. 


813. 


838. 


.21:  789. 
.14:  230. 

30:(N.S.)319. 

43:(N.S.)97. 
.  3:(N.S.)334, 
4:(\.S.)366. 
.17:  272. 


7  L.R.A. 

327 39:  (X.S.)844. 

498 14:  19.3.  , 

500 18:  792. 

765 14:  69. 

826 25:  566. 


8  L.R.A. 

414 14 

443 18 

490  (491) 1 

494  (495) 17 

640  (643) 17 


687. 


862. 

79. 
(N.S.)279. 

79. 

130. 
19:53. 
25:  566. 


9  L.R.A. 

69..  ..  , 
140  (143) 


24:  584. 

2:(N.S.)1052, 

1063. 
•  41:(N.S.)695. 

321 ... .- 36 :  (N.S.)547. 

589 14:  579. 

593...,'.... 16:  526. 


10  L.R.A. 


129 ........... . 

14:  585. 

60:  330. 

178  (180)  ....... 

20:(N.S.)689 

193  (194)  .;.... 

14:268. 

.••■'•:■■•■  ^ 

15:(N.S.)711 

368....;i...i... 

41:(N.S.)683 

;             ..-;.     '■■'•■■ 

1916B.  827. 

369...., ':,i.... 

36:(N.S.)464 

401... „,,,.,  ;;..-. 

.......17:270. 

411...... ...... 

... 16:608. 

473  (476)  .,./..-. 

....... 20  :(X.S.)  689 

507  (50^) .:...: 

.-.  ..•.•..21:  550. 

550.... ........ 

51:  863. 

10  L.R.A.— cont'd. 

653 

17:  79. 

676  (677)  

17:  326. 

(679)  

17:  328. 

734(738) 

20:(N.S.)689 

816 

15:(N.S.)73. 

11  L.R.A. 

43  (50) 47:  33. 

39:(N.S.)487. 

63 14:  193. 

185 15 :  (N.S.)73. 

285 22:(N.S.)35. 

305 27:  (N.S.)1168. 

30:(N.S.)914.' 

460 25:  291. 

634 14:  370. 

14:  381. 

15:377. 
684  (686) 18:  171. 

19:  700. 

687 2:(N.S.)285. 

817 41 :  (X.S.)730.. 

839 21:  217. 

845  (847) 20:  765. 

13  L.R.A. 

140 36:  539. 

161 27:(NjS.)e2. 

168 20:  765. 

205 22:  372. 

220 13:  (N.S.)197.- 

342 13:  374. 

781  (783) 45:  .394. 

808  (810) 22:  808. 

13  L.R.A. 

177 17:243.   ' 

36:(N.S.)881.. 
217 ..14:  69. 

14:(X.S.)112. 
(legislative  power)  .16:  695. 

388 47 :  (N.S.)668.. 

711  (712) 32:  43. 

721 38:  208. 

5:(X.S.)415.. 

27:(X.S.)5.32. 

761 47:  820. 

796  (797) 49:  156. 

844 !.  2:(N.S.)152.. 

14  L.R.A. 

69 14:(X.S.)112. 

78 20:(X.S,)58, 

103 7:(X.S.)617. 

128 19:206. 

47:(X.S.)81I. 
138 27:(X.S.)92. 

44:(X.S.)164. 

151  (156) 26:  802. 

160 26:  (X.S.)1126. 

1916D,  1063.' 

208.  ... .13:  (X.S.)1141. 

230. .. . : 30:  (X.S.)319., 

43:(N.S.)97. 
268 15:(X.S.)7il. 


300. 
325.. 

370.. 
381.. 
386.. 


.20:  6.3.5. 

.17: 853.  : ::;,  • 

21:798.   ■;. 
.36:(N.S.)1U5. 
.15:377. 
.60:  496. 


TABLE  OF  SUPPLEMENTED  L.K.A.  NOTES. 


1425 

t 


14  L.R 

459 
466 

540 


548 
556 
685 
6i)0 
733 
737 


745. 
781. 

791. 

828 


15  L.R. 

33 


93 
160 


190 
249 


(560) 


A. — cont'd. 

1915D,458. 

23:(X.«.)463. 

1915E,  936. 

16:(N.8.)98. 

34:(X.S.)940. 
1915E,  186. 

18:  449. 

19:  643. 
1915B, 770. 

(692,  693) 1915D,  982, 

8:(N.S.)656. 

(738) 4:(X.S.)485. 

32:(N.S.)1201. 
1915E,  668. 

(740) 21:297. 

23:(X.S.)1056. 
1916E,  68. 
4:(N.S.)80. 
(X.S.)1129. 
195. 
783. 
795. 
753. 


(792) 

(830) 


16 
.27 
.15 

44 
.65 

65:  854. 


296 
347 
395 
413 
459 
487 
509 
531 


542 
583 


612 


(298) 
(396)" 


635 

717 


722. 
781. 

860. 


(35) 13:(X.S.)601. 

29:(X.S.)808. 

1916C,  364. 

43:(X.S.)824. 

10:(N.S.)177. 

.      21:(X.S.)178. 

39:(X.S.)744. 

1917C, 1153. 

.'J2:(X.S.)369. 

40:510,519. 

19:(X.8.)835. 

28:(X.S.)673. 

1915C, 359. 

66:  51. 

1915C,  664. 

43:(X,S.)207. 

37:(X.S.)281. 

21:(X.S.)977. 

16:(N.S.)193. 

43:(X.S.)565. 

7:(N.S.)582. 

40:(X.S.)585. 

1916D,  1276. 

59:  181. 

(585.  amount) 56:  312. 

(585,  party) 56:  211. 

18:(N.S.)1252. 
19:  658. 

11:(X..S.)930. 

28:(X.S.)757. 

37:(X.S.)]115. 

17:(X.S.)1126, 

21:(X.S.)277. 

32:(N.S.)940. 

1917F,861. 

14:(X.S.)556. 

4:(X.S.)629. 

44:(N.S.)68. 
29:(N.S.)183. 


16  L.R.A. 

49. 40:  (N.S.)279. 

91..... 50:(X.,S.)42. 

205. . 48:  (X.S.)652. 


16  L.R 

268 
395. 
468. 
497. 

510. 

516. 

547. 
578. 
600. 


A. — cont'd. 
(269)  


627. 


646. 

677. 
745. 


.17:  71. 

.16:(X.S.)621. 
.41:(X.S.)230. 
.59:  146. 

38:(X.S.)297. 
.    9:(X.S.)698. 

29:(X.8.)205. 
.39:(X.8.)847. 

1918A,  65. 
.28:  849. 
.24:(X.S.)160. 
.36:(X.S.)354. 

1915D,  204. 
.   2:(X.S.)105. 

.32:(X.8.)1206. 

1918F,  555. 
.    5:(X.8.)860. 

23:(X.8.)500. 
.15:(X.S.)674. 
.   4:(X.S.)427. 

33:(X.S.)883. 

1915A,  521. 


17  L.R. 

81 
129 
188 
225 
243 
254 


275 

296 

330 
435 

474 


A. 

(82) 
(130) 


(276) 


494 
549 
692 
705 
779 
792 
853. 


14:(X.S.)431. 

19:  53. 

17:(X.S.)108. 

47:(N.S.)309. 

(245) 36:  (X.S.)882. 

14:(X.S.)998. 

31:(X.S.)667. 
1915D,  962.  ' 

41:(X.S.)430. 

21:  213,222. 

35:(X.S.)1210. 

49:(X.S.)1108. 

28:(X.S.)1124. 

8:(X.S.)117. 

33:(X.8.)139. 

(477) 36:(X.S.)709, 

718. 

(480,  pipes) 7:(X.S.)506. 

(480,  poles) 24:  721. 

36:  724,733. 

1916C,196. 

, 18:(X.S.)427. 

39:  745. 

1917D,  450. 

12:(X.S.)310. 

21:  789,798, 


90 


18  L.R.A. 

45.... 5:(X.S.)680. 

46:(N.S.)990, 

1917A,  442. 

63 1916C.  1033. 

75  (77) 26:(X.S.)1180, 

100... 20:  (X.8.)742. 

166 68:  699. 

,     .  15:(X.8.)49. 

170(171) 19:  700. 

224 27  :  ( X.8.)461, 

1918D,  794. 

275. 1916E,  1282'. 

305 30:  (N.S.)85, 

375 1916E.650. 

449  (450) 28:  (X.S.)60. 

1916C,  1109. 

473  (476) .39:(X.8.)967. 

481  (482) 21:(X.S.)442, 

491  (492) 26 :  (X.S.)614. 


1426 


TABLE  OF  SXJPPLEMEJSTED  L.R.A.  JS'OTES. 


18  L.R^.— cont'd. 

682  (584) , 29:  845. 

604 36:  (N.S.)1181. 

695 42:  175. 

1910C,  150. 
838  (equity) 1918A,  1178. 

19  L.R.A. 

92 64:  236. 

17:(N.S.)650. 

23:(N.S.)331. 

25:(N.S.)465. 

37:(N.S.)193. 

1915A,  369. 

99 17:  (N.S.)648. 

141 21:  796. 

65:  38. 

12:(N.S.)1130. 

26:(N.S.)242. 

35:(N.S.)628. 

40:(N.S.)893. 

"177 42:  (N.S.)877. 

206 47 :  (N.S.)  811. 

211 51 :  (N.S.)  1048. 

222  (225) 60:  331. 

262 1918B,  695. 

289 50:  (N.S.)1197. 

316 49:  203. 

15:  (N.S.) 687. 

331 41 :  (N.S.)187. 

339 3:(N.S.)218. 

26:  (N.S.)  1058. 

1918E,  517. 

342 1915F,  1093. 

371 30:(X.S.)278. 

1918F,  1101. 

452 1:(N.S.)665. 

476 1917F,  394. 

677 67:  209. 

3:  (N.S.) 608. 

20:  (N.S.)  264. 

1915F,  880. 

(580) 36:  582. 

694 38 :  (N.S.)474. 

663 11:  (N.S.)930. 

18:  (N.S.)  244. 

28:  (N.S.)  757. 

37:(N.S.)1115. 

52:(N.S.)91. 

665 1915A,  400. 

689 16:  (N.S.)794. 

24:(N.S.)475. 

1918C,  373. 

721 13:  (N.S.)278. 

775  (false  pretenses)  . .  .49:  (N.S.)835, 

837 
792 64:119. 

51:  (N.S.)  907. 

814 59:  162. 

858 39:  672. 

25:  (N.S.) 261. 

20  L.R.A. 

101 25 :  (N.S.)  1194. 

342 4 :  (N.S.)  1121. 

391 15:  (N.S.)657. 

434 22 :  (N.S. )  181. 

35:(N.S.)636. 

487 1915C,  158. 

536  (538) lfi:( N.S.)  1006. 

668 32:  236. 


20  LJl.A. — cont'd. 

737 31 :  (N.S.)636. 

785 11:  (N.S.)ini8. 

21:  (N.S.)  1006. 

1917  A,  719. 

21  L.R.A. 

33  (48) 69:  42. 

71 25:(N.S.)267. 

76 18:(N.S.)320. 

84 2:(N.S.)631. 

25:  (N.S.)  193. 
34:  (N.S.) 454. 
1916C, 263. 

146 43 :  ( X.S.)  034. 

169. 191.5F,  587. 

174 42:(X.S.)799. 

206 1:(N.S.)474. 

233 ! .  16 :  (N.S.) 740. 

28:  (N.S.) 615. 

255 36:  (X.S.)194. 

263  (265) 20:  (N.S.)656. 

289 9:(N.S.)407. 

41:(N.S.)799. 
1915B, 621. 

289  (295) 6:(N.S.)1012. 

38:(N.S.)259. 

(297) 23:(N.S.)1056. 

354 22:  (X.S.)741. 

1915C,  181. 

(355) 29:  (X.S.)846. 

(358) 24:  711. 

22:  (N.S.) 742, 
755. 

467  (471) 67:  33,60. 

485 21 :  (N.S.)286. 

502 31:  (N.S.)132. 

50:  (N.S.)  1040. 

(511) 31:(N.S.)138. 

623  (629) 23 :  (X.S.)  1124. 

662 27:  (N.S.)522. 

1915B,  247. 

729 46:(X.S.)3. 

776 25:  (X.S.)257. 

1917B,  786. 

789  (796) 65:  38. 

12:  (X.S.)  1130. 
26:  (N.S.) 242. 
35:  (N.S.)  028. 
40:  (X.S.) 893. 

(797) 28:  344. 

15:(X'.S.)350. 

27:(X.S.)255. 

35:  (N.S.) 549. 

829 33 :  (N.S.)923. 

22  L  R  A 

148  (149) 1916D,  132. 

187 15 :  (N.S.)  868. 

31:  (N.S.) 783. 

34:  (X.S.)  737. 

(189) 15:(N.S.)856. 

(195) 15:(N.S.)884 

1917F,  472. 
233 43:(N.S.)262. 

1917C,  236. 
256  (257) 30:(X.S.)1. 

46:  (N.S.)  1096. 

415  (428) 36:  (N.S.)68. 

460 8:  (N.S.)656. 

536 8 :  (N.S.)360. 

(540) 23:  168. 


TABLE  OF  SUPPLEMEATED  L.R.A.  JSOTES. 


1427 


52  L.R.A.— cont'd. 

561 6 :  (N.S.)905. 

34:(X.S.)118. 

1916B,  947. 

594 30:  317. 

649 13:(X.S.)820. 

663 13:(X.S.)561. 

43:(N.S.)187. 

1915F,1125. 

794 31:(X.S.)632. 

824 52:(N.S.)142. 

1916B,  1186. 
836 19150,987. 

as  L.R.A. 

33 65:  353. 

(44) 65:  362. 

120  (124) 16:(N.S.)233. 

146 61:  95. 

6:(N.S.)1171. 

21:(N.S.)1021. 

36:(N.S.)1045. 

52:(N.S.)402. 

155  (157) 26:  198. 

200 7 :  (X.S.)481. 

10:(N.S.)74. 

22:(N.S.)486. 

32:(X.S.)62. 

42:(N.S.)1144. 

52:(N.S.)505. 

215 40:  (X.S.)168. 

239 16:  (N.S.)114. 

287 59:  169. 

1917B, 1041. 

301  (303) 36:  (X.S.)812. 

313 25:(N.S.)394. 

325  (326) 39:(N.S.)658. 

335 1917F,  1010. 

340 40:(N.S.)1. 

449 1917C,  8. 

490  (496) 4:  (N.S.)460. 

520 .. 47 :  (X.S.)  1162. 

561 19180,792. 

622 19 :  (N.S.)531. 

642 30:(N.S.)115. 

658 7:(N.S.)108. 

36:(N.S.)1194. 

1915A,  382. 

681 12:  (N.S.)IOIO. 

707 45:(N.S.)349. 

(712) 5:(N.S.)1002. 

21:(N.S.)914. 

39:(N.S.)1187. 

737 26 :  (N.S.)232. 

(743) 12:  (N.S.)895. 

26:(N.S.)237. 
780 19:(N.S.)915. 

«4  LJEt.A. 

64 22:(N.S.)276. 

38:(N.S.)272. 

1915D,  911. 

212 46 :  (N.S.)409. 

272 1917A,91. 

289  (295) 57:88. 

2:(N.S.)127. 

10:(N.S.)893. 

369 26:599. 

412  (413) 51 :  (N.S.)275. 

433 30 :  (N.S  )1001. 

1917C,  97. 


24  L.R.A.— cont'd. 

577 27:(N.S.)94. 

592 44:  (X.S.)358. 

629 13 :  (N.S.)244. 

19150,467. 
(634) 34:  (X.S.)  1080. 

1917F,  362. 

684 1915D,856. 

710  (711) 22:(X.S.)742. 

763  (765) 10:(X.S.)121. 

38:  (X.S.)  1195. 

1917F,  597. 

789 16:  (X.S.)947. 

800 42:  (X.S.)183. 

806 24:  (X.S.)639. 

831 57:  167.169. 


25  L.R 

33 
48 
67 

90 
152 
161 

257 

287 


320 
341 


(ds)".'.'.'.'.'.'.'.'.'.'.'.'.: 

■(274y::::::::::;;: 

'(289)".'.'.*.'.'.".*.".'.'.'.'.' 

360, 

386. 

527. 
593. 
627. 
759. 

784. 


848. 


A. 

2:(X.S.)744. 
39:  (X.S.)  295. 
..13:(N.S.)146. 
39:(N.S.)46. 
18:(N.S.)1106. 
26:  728. 
35:  (X.S.)  1016. 
2:  (X.S.)  783. 
9:(X.S.)49. 
51:(X.S.)618. 
8:  (X.S.)  1069. 
41:(X.S.)264. 
1916E,207. 
25:  349. 
30:(X.S.)946. 
51:  (N.S.)  825. 

40:  717. 

37:(X.S.)1005. 

7:(X.S.)651. 

(393) 50:  429. 

1:(X.S.)756. 

47:(X.S.)807. 

16:(X.S.)555. 

25:  848. 

32:  853. 
.16:(X.S.)1103. 
.32:(X.S.)566. 
41:  (N.S.) 274. 
.69:  513. 
.32:  853. 


(786) 
(790) 


26  L.R.A. 

48... 


(52). 

153 

197  (201) 

237 

305 

340 


366 

504 

544 

581...... 

638 

659  (662) 


....20:(X.S.)484. 

37:(N.S.)539. 

1915D,  1118. 

20:(X.S.)489. 

....42:  (N.S.)  83. 
.  ...36:(N.S.)1171. 
.  ...22:(N.S.)848. 

19180,340. 

39:649,661, 

667. 

20:  (N.S.)  146. 

19160,  564. 

28:(N.S.)1106. 

32:  (N.S.) 968. 

1915E,  766. 

50:  (N.S.) 979. 

....36:(N.S.)341. 

51:(N.S.)234. 
....43:(N.S.)1066. 
39:  68. 

36:  (N.S.)  1115. 


1428 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


26  L.R.A.— cont'd. 

68e  (excavations) 5:  (N.S.)733. 

1918A,  849. 
707  (711) 30:(N.S.)127. 

27  L.R.A 

56! . '. 42:  (N.S.)1013. 

82 41:(N.S.)280. 

92 44 :  (N.S.)164. 

136 21:  (N.S.)228. 

39:(N.S.)1007. 

161(169) 9:(N.S.)1035. 

248 18:  (N.S.)441. 

340 28:  99,  105,  136. 

426 36:  539. 

449 37 :  (N.S.)889. 

540 21 :  (N.S.)830. 

1915D,  209. 

669 25 :  (N.S.)lb40. 

33:(N.S.)336. 
776  (788) 49:  (N.S.)1215. 

28  L  S.A 

249*. . '. 12:  (N.S.)112. 

40:(N.S.)935. 
(drains  or  sewers)  . .  1915A,  129. 

289 51:  (N.S.)668. 

344 15:  (X.S.)350. 

27:(X.S.)255. 

35:(N.S.)549. 

51:(N.S.)1097. 
433 25:  (X.S.)343. 

1916F,  570. 
(441) 12:  (N.,S.)670. 

25:(X.S.)356. 
546 4:(X.S.)49. 

1915C,  789. 

600 1916E,  452. 

829 29:  (X.S.)J524. 

29  L.R.A. 

.33. 12:(X.S.)240. 

120 43:  (X.S.)874. 

154 24:  (X.S,)369. 

226 1:(N.S.)255. 

(227,  242) 46:  (X.S.)260. 

1918A,398. 

305 3:  (X.S.)1079. 

337 32:  (X.S.)809. 

1915E,  1023.  • 
485(486)  .., 13:(X.S.)dl6. 

1915D,  843. 
541  <552) 26:  (X.S.)603. 

1916C,  923,  929. 

681  (685) 1:  (X.S.)65a. 

761 1915D,  1195. 

786(792) 57:57. 

58:  564. 


30  L.R.A.  ■ 

186.......r.- 

206 ..; 

305  (320)  ./;, 

(333)\'!., 

(335)  ... 


521. 


.48:  (X, 
.21:(X. 
.48:  (X, 
.33:(X. 

.10:  (X. 
1915C. 

.42:  (X 

.14:(X, 

25:  (X 

1915A 


,S.)990, 
,S.)76. 
,S.)525. 
S.)166, 
167; 
S.)463. 
396. 
,S.)98. 
S.)1003. 
.S.)840. 
.491. 


30  L.R.A. — cont'd. 

560  (569-571) 35:  (N.S.)142. 

609 32 :  (X.S.)247. 

737 4 :  (X.S.)213. 

31  L.R.A. 

234. 16:  (X.S.)878. 

33:(X.S.)738. 

49:(X.S.)132. 

261 31 :  (X.S.)813. 

321 .;. 50:  462. 

12:(X.S.)853. 

19:(X.S.)717. 

23:(X.S.)954. 

465 1915F,  766. 

489 , 37:  (X.S.)790, 

796. 

515  (519) 7 :  (X.S.)272. 

566 22:  (X:S.)1169. 

(589) 32:  403. 

22:(X.S.)1177. 

609  (646) 32:  71. 

747  (763t770) 35:(X.S.)142. 

798. 36:  (X.S.)22d, 

(806)  ., 14:(X.S.)654. 

32  L.R.A. 

116. 24 :  (X.R.)1168. 

(117)... 38:657. 

142. .....:,, 23:  (X.S.)345. 

.(.M4)  ''■' n:(X.S.)594. 

.'■  ■   ,.;,.■         1917E,  1049. 

177 . , '.  JU'-:'. inioE,  327. 

208.. .:.:.-.' 69:  682. 

293. 46:  (X.S.)72; 

.  (207) 9 :  (N.S.)689. 

44:(X.S.)544. 

400  (403)-  . : 22:  (X.S.)il77. 

455  (4«5)  ; 38:  (X.S.)891. 

543. ..... 49:  (•X.S.)429. 

595. ... . 25:  (X.S.)43a. 

625.;.  •: ..,'.  ...1 14:  (X.S.)i42. 

.,    •    ;■'         37:(X.S.)1019 

.  -(630) 14:  (X.S.)114: 

7.16. . . . . .  .  i 38:  (X.S.)146. 

1917F,603. 
.744  (•748)- .  .J 40:  (X.S.)609. 


33  L.R.A. 
33... 


§3t87)-^-V 

il8.....;;.V, 

177.i(i8$)>.'V 

231  (after  maturity)  . 
(before  maturity) 
(235) 


266.,;:;' .:,^. 

,  •(274-,=28l0 
546 ...;'....  ;:f. 

660.:;;.;.::,. 

847  (848).  ..Lv. 

34  L.r!a.;V  *  1  V 
,33(38>-'.  ..;■. 


110. 


(4a) 


.  4:(X.S.)782. 

48:(X.S.)156. 
.1917E,361. 
.31:(X..S.)580. 
.15:(X.S;)108. 

25:(X.S.)1001. 
.28:(X.S.)998. 
.23:(X.S.)403. 
.15:(X.S.)Ll6h. 

23:(X.S.)40i3. 
.25:(X.S.)436. 
.25:(X.S.)43^, 
.23:(X.S.)H)f.., 
.52:(X.S.)U52. 
.44:(X.S.)50. 


.ll:(X.S.)78a 
28:(X.S.)4506 
.1917D,  1104. 
.25:(X.S.)234. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


U19 


34  L.R.A.— cont'd. 

137 191GD,  1202. 

(common  carrier) . .  .21 :  (X.S.)188. 
(138) 11:(X.S.)789. 

28:(X.8.)450. 

161 3!):  264. 

193 27:(X.S.)695. 

398 24:(X.S.)432. 

48:(X.S.)2()4. 
481 21:(X.S.)283. 

48:(X.S.)823. 

509 1:(X.8.)520. 

609 17:(X.S.)1161. 

(611) 46:  86. 

17:(X.S.)1165. 

€34 191oB,  645. 

(665) 17:(N.S.)1140. 

19158,645. 
720 37:(N.8.)518. 

1916E,  767. 

737 33:  (X.S.)895. 

788 8:(X.S.)384. 

1915E,  1095. 
824 .34:  (X.S.)798. 

48:(X.S.)917. 

1916D,  1224. 

1918E,  218. 

35  L.R.A. 

33 18:(N.S.)451. 

32:(X.S.)303. 

44:(X.S.)57. 

1916F,  864. 
58 18:  (N.S.)1259. 

29:(X.S.)770. 
141 20:  (N.S.)261. 

41:(N.S.)315. 

289 49:  (X.S.)1129. 

(298) 49:(X.S.)1142. 

372 30:  (N.S.)761. 

417  (421) 1915A,  100. 

489 9:(N.8.)579. 

21:(X.8.)868. 

512 50:(X.8.)4.'54. 

561 1915C,558. 

647 8:(X.S.)23L 

678 1:(X.S.)188. 

701  (705) 45:(X.S.)1123. 

802 51:  (X.S.)843. 

36  L.R.A. 

92 10:(N.S.)542. 

117 1917A,  1167. 

139 19:(N.S.)249. 

l!-6  (nonsupport) 1916E,  762. 

232 41 :  (X.S.)  1009. 

19150,661. 

293 2:(N.S.)95. 

413  (414) 23:(N.S.)453. 

4.34 35:(N.S.)776. 

465  (homicide) 13 :  (N.S.)  1024. 

25:(N.S.)376.- 
52:  (N.S.) 2.30. 
(burglary) 1918A,  1108. 

682 47:(N.S.)689. 

721 44 :  (X.S.)119. 

781. 38:  (N.S.)383. 


37  L.R.A. 

116 1:  (X.8.)477. 

8:(X.8.)9.->. 

35:(X.8.)979. 

1916A,  660. 
(121) 30:  (X.8.J.339. 

1916A,  468. 

207 1916E,  1163. 

233 29 :  (X.S.)  194. 

1916F,  506. 

261 27 :  (X.S.) 62. 

301 49 :  (X.S.)  1026. 

423 46 :  (X.S.)  1028. 

518  (520) 29:  (X.S.)  105. 

520 2:(N.S.)197, 

1196. 

561  (575) 14:(X.S.)937. 

593  (610) 14 :  (X.S.)  1210. 

783 1:(X.8.)1147. 

830  (836) 1915C,  595. 

38  L.R.A. 

97  (100) 46:(X.S.)188. 

208 27 :  (X.8.).')32. 

(214) 5:(X.8.)415. 

1915F.  898. 

305  (306) 39:  621. 

(319) 20:  (X.S.)  1050. 

(324) 39:  681. 

(330) 9:(X.S.)1197. 

(332) 39:(N.S.)266. 

433 50:  (N.S.)864. 

529 23 :  (N.8.) 352. 

29:  (X.S.) 63.5. 
34:  (X.S.)  126. 
1917B,  108. 

577 10:  1131. 

640  (655) 28:  (X.S.)122. 

687 52:(X.S.)17L 

721  (747) 39:  331. 

786 30:  (X.S.)270. 

39  L.R.A. 

33 19163,1263. 

305  (328) 42:  767. 

449  (454) 1918D,  1007. 

491 67:  839. 

551 18 :  (N.S.)156. 

32:(N.S.)554. 
581 60:  481,  500. 

1916E,  523. 

(590) 3:(N.S.)997. 

649  (661,667) 20:  (X.S.)  146. 

1916C, 564.    ■ 

(672) 25:(N.S.)251.  ' 

715  (720) 6:  (X.S.)575. 

737 44:  (N.S.)119. 

775 35 :  (N.S.)  1090. 

40  L.R.A. 

131 47:(N.S.)730. 

1916F,  101. 
177 62:  683. 

25:  (N.S.) 831. 

52:(N.S.)736. 
432 22:  (N.S.)779. 

27:  (N.S.)  1164. 

40:  (N.S.)  135. 

465(470) 41:  322. 

503  (510) 19:  (X.S.) 8.35. 

28:(N.S.)673. 

1915C,  359. 


1430 


TABLE  OF  SUPPLEMEJ«J'1ED  L.R.A.  NOTES. 


40  L.R.A.— cont'd. 

593 22:(KS.)345. 

1918E,  738. 
717 14:(N.S.)96. 

37:(N.S.)1005. 
737 38:  (N.S.)818. 

41  L.R.A. 

321  (328) 42:  822. 

371  (377) 32:(N.S.)376. 

422 19 :  (N.S.)658. 

494 64:  983,986. 

35:(X.S.)824. 

593 50:  (X.S.)266. 

599 24:  (N.S.)221. 

650  (660) 16 :  (N.S.) 786. 

20:(N.S.)321. 

33:(N.S.)419. 

42  L.R.A. 

110 11 :  (N.S.)  1142. 

175 19160,150. 

247  See  Indexes  under  "Insurance"- 
"Incontestability." 

293(294) 4:(N.S.)558. 

1915A,  797. 

368  (394) 1915B,  703. 

432 35 :  (N.S.) 870. 

1917E,  730. 

553 23:  (N.S.)  1023. 

753  (768) 45:(N.S.)181. 

(771) 64:  317. 

43  L.R.A, 

33  (59) 14:(N.S.)862. 

46:  (N.S.) 38. 
225 8:  (N.S.)108. 

44:(N.S.)643. 

277 .43 :  (N.S.)945. 

305(371) 9:(N.S.)972. 

554 25:  (N.S.)  1265. 

593  (609) 3:(N.S.)576. 

24:  (N.S.)  1182. 

1915E,  714. 
706 14 :  (N.S.)464. 

34:  (N.S.)  283. 

1918D,  1032. 

814 27 :  (N.S.)803. 

(816) 16:(N.S.)938. 

44  L.R.A. 

177(180) 12:(N.S.)1173. 

289 19180,539. 

321  (337) 23:(N.S.)164. 

27:  (N.S.)  195. 

(347) 21:(N.S.)328. 

400 16:  (N.S.)728. 

527 1915F,  854. 

593  (601) 9:  (N.S.)933. 

(605) 46:  (N.S.)129. 

737 1918E,  255. 

45  L.R.A. 

33  (44) 24 :  (N.S.)659. 

(48) 34 :  (N.S.)1047. 

136 51:  (N.S.)373. 

392 1917B,  326. 

(394) 12:(N.S.)768. 

35:  (N.S.) 563. 
50:  (N.S.) 510. 
1916D,  211. 


45  L.R.A.— cont'd. 

446 20:  (N.S.)185. 

30:(N.S.)291. 
42:(N.S.)332. 

481  (496) .37:(N.S.)549. 

541 46:  (N.S.)219. 

647  (648) 22:  (N.S.)  1013. 

687  (703) 15:  (N.S.)  1013. 

.39:(N.S.)67L 

(707) 1915F,  656. 

737  (743) 3:  (N.S.)584. 

(748) 10:(N.S.)947. 

(751) 19150,386. 

800 40:  (N.S.)1197. 

46  L.R.A. 

33  (86) 17:(N.S.)1165. 

322 17:(N.S.)329. 

641  (absenceof  witness)  .34:  (N.S.)811. 

(665) 34:(N.S.)811. 

753  (778) 1915E,  .^95. 

(784) 50:(N.S.)83. 

47  L.R.A. 

33  (44) .39:  (N.S.) 487. 

87 1917D.  707. 

246 1918D,  1049. 

289  (301) 42:  (N.S.)158. 

433 1917E,1148. 

512 24:  (N.S.)  1260. 

.34:  (N.S.)  1060. 

593 18:  (N.S.)409. 

34:  (N.S.)  141. 

637 30:  (N.S.)231. 

696 4S:(N.S.)906. 

1918F,510. 
806 32:  (N.S.)730. 


48  L.R.A. 

68 

368  (392) 

465  (473) 
542 


625  (638) 
691 


753. 


.  .16:(N.S.)715. 
.17:(N.S.)773. 
,  40:  (N.S.) 913. 
.1915D,927. 
.23:  (N.S.)  101 4. 
30:(N.S.)453. 
.56:  208. 
.61:  694. 
20:  (N.S.)  1050. 
47:  (N.S.)  137. 
,  .30:(N.S.)4.']6. 


49  L  R  A 

111  (saloons) 18 :  (N.S.)657. 

1.53  (158) 41:  (N.S.)  1053. 

193 13 :  (N.S.)686. 

(212) 15 :  (N.S.)689. 

.38:(X.S.)1160. 

353 2:(N.S.)672. 

(379) 8:(N.S.)917. 

52:  (N.S.) 843. 

471 17:(N.S.)177. 

497 19 :  (N.S.)700. 

25:  (N.S.) 727. 

44:  (N.S.) 557. 
612 8 :  (N.S.) 783. 

1915E,457. 
679 1 :  (X.S.)242. 

18:  (N.S.)  1221. 

32:  (N.S.)  1173. 

52:(N.S.)241. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


1431 


49  L.R.A. — cont'd. 

715 27:  (N.S.)1069. 

781 1:(N'.S.)208. 

22:(N.S.)163. 


60  L.R.A. 
33... 


75. 

142. 
161. 


371  (374) 
397 


501. 


577  (583) 
(585) 


714. 


(591) 
(595) 


836. 


(841) 

51  L.R.A. 

33 

193 


320. 


(222) 


(330) 


353. 


(30)0) 
(381) 

657 

698  (706) 
(713) 

52  L.R.A. 

33  (47)  . 
(54)  . 

106 

165 


(187) 

448 

500  (502) 
545  (578,  595) 
790 


.  .26:(N.S.)451. 

30:(N.S.)990. 

41:(N.S.)123. 

46:(N.S.)148. 
.  .17:(N.S.)514. 

38:(N.S.)1111. 
.  .1918E,892. 
.  .36:(N.S.)240. 

51:(N.S.)319. 
.  .38:(N.S.)514. 
. .   7:(N.S.)362. 

42:(N.S.)386. 
.  .31:(N.S.)491. 

1915D,  300. 
,.59:  178. 
.35:(N.S.)292. 

1917C,  1143. 
,    8:(N.S.)538. 
.  .35:(N.S.)312. 
.  .24:(N.S.)490. 

51:(N.S.)1069. 
.  .16:(N.S.)280. 
.  .17:(N.S.)945. 


..20:(N. 
.  .42:  (N. 

1915B, 
..33:(N. 
..1916C, 
..17:(N. 

1916C, 
..   9:(N. 

43:  (N. 
..37:(N. 
..57:  57. 
..1916D, 
..28:(N. 
..1915F, 


S.)942. 
S.)69. 
505. 
S.)275. 
1094. 
S.)124. 
1097. 
S.)174. 
S.)639. 
S.)944. 

1020. 

S.)337. 
759. 


.13:(N 

.46:(N 
.38:  (N, 
.40:  (N, 


.40:  (N. 

.15:(N. 

.1917B, 

.36:  (N 

.   1:(N 

10:  (N 

37:(N, 

1915A 


S.)253. 

,S.)470. 

S.)994. 

S.)698, 
704, 
732. 

S.)408, 
417. 

S.)840. 

1148. 

S.)899. 

S.)1110. 

S.)706. 

S.)409. 

,722. 


53  L.R.A. 

33  (84) 30:  (N.S.)483. 

1918F,  1053. 

(91) 27:(N.S.)639. 

49:(N".S.)927. 

193 15:(KS.)1277. 

353 26:  (N.S.)520. 

(366) 7:(N.S.)1053. 

33:(N.S.)741. 


I  53  L.R.A. — cont'd. 

432 38:(N.S.)255. 

732 24:  (N.S.)1286. 

857  (858) 19180,628. 

891  (895,903) 22:  (N.S.)281. 

934  (939) 1916F,  206. 

54  L.R.A. 

33 13:(N.8.)742. 

(52) 20:(N.S.)793. 

(71) 17:(N.S.)568. 

(124) 10:  (N.S.)1103. 

225 19 :  (N.S.)233. 

(231) 45:(N.S.)982. 

(233) 14:(N.S.)1172. 

440 2 :  (N.S.)666. 

25:(N.S.)596. 
1915B,  1121. 

(448) 25:  (N.S.)600. 

513 40 :  (N.S.)249. 

673 50:(N.S.)78. 

718 7:(N.S.)1114. 

865 9:(N.S.)224. 

38:(N.S.)94L 

934 3:(N.S.)473. 

21:(N.S.)267. 

55  L.R.A. 

122  (136) 1916A,  982. 

353 34:  (N.S.)510. 

381  (384) 19:(N.S.)84. 

418 36:(N.S.)957. 

(424) 36:(N.S.)957. 

513  (530) 34:  (N.S.)615. 

650 43:  (N.S.)806. 

1915E,281. 

713 19150,681. 

751  (bad   loans  and  in- 
vestments)   39:  (N.S.)173. 


56  L.R.A. 

33  (77) 


193. 


(211) 

301 

353  (358) 
(360) 
(367) 
(375) 
(406) 
(414, 
(421) 
(434) 

(441) 
(445) 

513  (538) 

585 

741 

784 


415) 


905 

i  57  L.R.A. 

33  (57) 
(88) 


. ..   4:(N.S.)786. 

27:(N.S.)550. 
...40:(N.S.)1095. 

1915F,  955. 
...18:(N.S.)1252. 

1917A,37. 
...62:  37. 
.  ..40:(N.S.)1195. 
...50:(N.S.)1167. 
...52:(N.S.)910. 
...21:(N.S.)840. 
...30:(N.S.)39L 
...30:(N.S.)398. 
...   1:(N.S.)419. 
...16:(N.S.)660. 

52:(N.S.)153. 
...37:(N.S.)252. 
.  ..52:(N.S.)152. 
.  ..44:(N.S.)871. 
.  ..1918F,574. 
.  ..1917F,848. 
...39:(N.S.)1182. 

1915E,  618. 
.  ..27:(N.S.)1086. 


.  58 :  564,  568. 
.10:(N.S.)693. 


1432 


TABLE  OF  SUPPLEMEMED  L.R.A.  NOTES. 


57  L.R.A.— cont'd. 

155 11 :  (X.S.)1082. 

17:(N.S.)800. 

26:(N.S.)179. 

28:(N.S.)753. 

43:(N.S.)355. 

353 29:(N.S.)781. 

432 46:  (X.S.)1150. 

1918E,  937. 
513 26:  (N.S.)764. 

26:(N.S.)774. 

1916A,  1054. 

583 44:  (N.S.)505. 

643  (651) 1916F,  358. 

673 35:  (N.S.)574. 

(684) 9:(N.S.)1117. 

16:(N.S.)672. 

19  :(N.S.)  10.56. 

36:(N.S.)33. 

42:(N.S.)643. 
784 20:  (N.S.)1133. 

1917A,  74. 

817  (820,  scaffolds) 191oF,  1036. 

(820,  railroads)   ....  19 :  (N.S.)  738. 

875 1916A,  1191. 

932 9 :  (N,S.)426. 

58  L.R.A. 

33 26:(N.S.)973. 

(railroads) 1915A,  129. 

(47) 16:(N.S.)146. 

21:(X.S.)601. 

155 30:  (X.S.)360. 

(293) 1918F,  363. 

(295,  reservation)  .  .19:(X.S.)618. 
1915E,  800. 

(299) 24:(X.S.)451. 

(306) 14:  (X.S.)322. 

1918D,  183. 

321  (municipality) 20:  (X.S.)656. 

20:(X.S.)201. 

(328) 9:  (N.S.)598. 

28:(X.S.)200. 
51:(X.S.)309. 

410 1918D,  308. 

613  (589) 15:(X.S.)952. 

30:(X.S.)705. 

(599) 19150,380. 

(600) 30:(X.S.)704. 

673 35:  (N.S.)227. 

788 26:  (X^.)816. 

28:(X.S.)825, 
1917E,  1055. 
833 38 :  (X.S.)IOOO. 

59  L.R.A. 

33  (logs) 51:(N.S.)1172. 

135  (146,148,163) 38:  (X.S.)297. 

(162) 18:(X.S.)647. 

1917B,  1032. 

(177) 39:(X.S.)988. 

(178,  constructive 

service) 9:  (N^.S.)593. 

1917F,  1161. 
(178,  other  state)  ..   9:  (X.S.)1168. 
28:(X.S.)1068. 

(180) 34:  (X.S.)1106. 

1915E.  421. 

(181) 41 :  (X.S.)219. 

(183) 23:  (X.S.)1254. 

353  (366) 1918B,  972. 


59  L.R.A.— cont'd. 
465 


513.. 


604 . . 
673.. 
817.. 


.  8:(N. 
34:  (X, 
1915B, 
1916E, 

.30:  (X. 
52:  (X. 
1916D, 

.37:(X. 

.52:  (X. 

.28:(N, 


S.)762. 

,S.)58. 

,834. 

715. 
S.)462. 
S.)574. 

831. 

S.)1058. 
,S.)988. 
,S.)156. 


60  L.R.A. 

294 51 :  (X.S.)534. 

321  (366) 15:(X.S.)952. 

30:(X.S.)704. 
481 26:(X.S.)794. 

(500) 1916E,523. 

(502) 41:(X.S.)469. 

(tidal) 31 :  (X.S.)396. 

(512) 31:(X.S.)434. 

641  (664) 39:  (X.S.)1051. 

850 1:(X.S.)766. 

1915A,  1118. 

61  L.R.A. 

33  (58) 23:(X.S.)204. 

(58) 25:(X.S.)239. 

52:(X.S.)465. 
1918F,  1005. 

(95) 25:  (X.S.)239. 

36:(X.S.)1045. 
52:(X.S.)402. 
52:(X.S.)465. 
1918F, 1005. 

(98) 1917D,707. 

(105) 31:(X.S.)301. 

40:(X.S.)263. 

(107) 39:(N.S.)814. 

(115) 39:(X.S.)814. 

193 19:  (X.S.)665. 

277  (287) 1915D,  201. 

583 7 :  (X.S.)424. 

19:(X.S.)516. 
20:(X.S.)635. 
43:(X.S.)1116. 

621 25 :  (X.S.)  50. 

30:(X.S.)694. 
44:  (X.S.)  156. 
1916F, 286. 

673  (694) 20:  (X.S.)  1050. 

47:(X.S.)139. 

746 1916F,  856. 

833  (865) 1915E,687. 

62  L.R.A. 

33 1916D,750. 

193  (incest) 26:  (N.S.)466. 

1915A,  138. 

(rape)    48:  (X.S.)236. 

(sodomy) 46:  (X.S.) 266. 

(false  pretenses)  ...43:  (X.S.)667. 

(forgery) 43:  (X.S.)  754. 

(embezzlement) 43:  (N.S.)774. 

(larceny) 43:  (X.S.)777. 

(arson) 1915A,  809. 

(bribery)    1915B,  103. 

(robbery) 1917D,  388. 

369 1917C,  1119. 


TABLE  OF  SUPPLEME.NTED  L.R.A.  KOTES. 


1433 


62  L.R.A.— cont'd. 

673  (683) 25:  (N.S.)831. 

52:(X.S.)736. 

(714) ■ 5:(N.S.)899. 

19:(N.S.)561. 
27:(N.S.)966. 
48:(N.S.)893. 

795(797) 6:(N.S.)928. 

(798,802) 33:(N.S.)54. 

817  (861) 36:  (N.S.)162. 

(866) 18:  (N.S.)520. 

(870) 34:  (N.S.)1004. 

(873) 41 :  (N.S.)391. 

974 1915F,  820. 

63  L.R.A. 

163 18:  (N.S.)520. 

193 16:  (N.S.)645. 

289 4 :  (N.S.)1118. 

1916C,  222. 

353  (387) 45:  (N.S.)219. 

513 18:(N.S.)874. 

(532) 5:(N.S.)751. 

23:(N.S.)648. 

28:(N.S.)490. 

29:(N.S.)795. 

41:(N.S.)223. 

616 29:(N.S.)775. 

673 15:(N.S.)976. 

833 23:(N.S.)968. 

52:(N.S.)275. 

902 49:  (N.S.)580. 

963  (984) 36:  (N.S.)162. 

64  L.R.A. 

33  (59) 38:(N.S.)907. 

119 51:(N.S.)907. 

160 46:(X.S.)650. 

236 17 :  (X.S. ) 650. 

23:(N.S.)331. 

25:(N.S.)465, 

37:(N.S.)193. 

1915A.  3(i!). 
353(356) 6:(X.S.)!)40. 

35:(N.S.)385. 

1917D,  942. 

474  (481) 3:  (N.S.)929. 

(486) 12:(N.S.)717. 

26:(N.S.)953. 

1918D,  1137. 
501 16 :  (N.S.)1026. 

1915D,  838, 

581 17:(N.S.)1113. 

648  (665) 16:(N.S.)210. 

689  (712) 11:(N.S.)368. 

19:(N.S.)143. 

30:(N.S.)580. 

41:(N.S.)1034. 
823  (833) 35:(N.S.)385. 

1917D,  942. 
977  (983,986) 35:(N.S.)824. 

65  L.R.A. 

33 12 :  (N.S.)  1130. 

26:(N.S.)242. 
35:(N.S.)628. 
40:  (N.S.) 893. 
61:(N.S.)361. 
1915F,  830. 

177  (186) 21 :  (N.S.)679. 

25:  (N.S.)  1285. 
1916C,  666. 


65  L.R.A. — cont'd. 

250 29 :  (N.S.)126. 

316  (318) 1915E,  203. 


445. 


(467) 


529. 
620. 
805. 
833. 


953. 


(855) 


.17:(N.S.)371. 
.13:(N.S.)1122. 

16:(N.S.)816. 

25:  (N.S.) 33. 
.47:(N.S.)279. 
.17:(N.S.)758. 
.1915A,  121. 
.17:(N.S.)758. 
.66:  154. 
.41:  (N.S.)  366. 


66  L.R.A. 

119 17 :  (N.S.)758. 

304 22:  (N.S.)243. 

353 33:  (N.S.)143. 

657 45:  (N.S.)1131. 

798 1915B,280. 

67  L.R.A. 

33 34:(N.S.)26L 

38:  (N.S.) 40. 

87  (91) 1915E,1205. 

(92) ]915E,1201. 

118 1918A,  147. 

153 16:(N.S.)870. 

(157) 24:  (N.S.)  1283. 

209 3:(N.S.)608. 

20:(N.S.)264. 
1915F,  880. 

253 37:  (N.S.)  1150. 

426 43:  (N.S.)419. 

529  (542) 45:(N.S.)71. 

(546)  .; 45:  (X.S.)145. 

565 37:(X.S.)172. 

656 20:  (N.S.)996. 

49:  (N.S.)  1159. 

705  (708) 38:(N.S.)787. 

783 49:(N.S.)83. 


68  L.R.A. 

33  (rape)  

(larceny) . 


(arson)  

(identification  of 

body)  

(embezzlement)  . 


285. 

447  (454)  . . 

673  (699)  .. 
799 


833  (842) 


.1916B,  747. 

.28:  (N.S.) 536. 

1916B,  846. 
.16:  (N.S.) 285. 

1916D,  1299. 

.   7:  (N.S.)  181. 
.  1917A,  1289. 
.45:(N.S.H04. 

1918E,  924. 
.21:(X.S.)953. 

39:  (N.S.)  1160. 
.15:(N.S.)49. 
.   2:  (N.S.) 725. 

13:  (N.S.)  610. 

29:  (N.S.)  813. 

1916C,  372. 
.16:  (N.S.)  162. 


69  L.R.A. 

193 12:  (N.S.)220. 

317 18:(N.S.)43L 

353  (375) 23:  (N.S.)776. 

673 23 :  (N.S.)924. 

27:(N.S.)420. 

771 1918E,470. 

892  (898) 15: (N.S.)727. 


1434 


TABLE  OF  SUPPLEMEMED  L.R.A.  KOTES. 


70  L.R.A. 

33 33 :  (N.S.)465. 

579.: 1:(N.S.)49. 

32:(N.S.)371. 

731 18 :  (N.S.)297. 

799  (crops) 1918A,  550. 

1  L.R.A.(N.S.) 

49 9:(N.S.)988. 

32:(N.S.)371. 

•  137 11:(N.S.)670. 

184 17:(KS.)684. 

40:(N.S.)875. 

205 45:  (N.S.)871. 

48:(N.S.)1001. 

208 33:(N.S.)807. 

215  See  L.R.A.  Indexes  under  "Auto- 
mobiles." 

242 18:  (N.S.)122L 

32:(N.S.)1173. 
52:(N.S.)241. 

307 22:  (N.S.)915. 

364 6 :  (N.S.)  1046. 

35:(N.S.)611. 

400 19 :  (N.S.)290. 

427 3:(N.S.)1132. 

19:(N.S.)772. 
32:(N.S.)713. 
42:  (N.S.)  1070. 
1915F,  690. 

439 7 :  (N.S.) 609. 

50:  (N.S.)  880. 

477 8:(N.S.)9.3. 

35:(N.S.)979. 
1916A,  660. 

540 25 :  (N.S.)  946. 

639 1915F,  1143. 

660 28 :  (N.S.)934. 

1916C, 255. 

752 34:  (N.S.)286. 

766 1915A,  1118. 

862 20:  (N.S.)1164. 

42:(X.S.)735. 

918 1917C,246. 

926 1917C,249. 

928 19170,248. 

932 1917C,256. 

936 27:  (N.S.)1151. 

1917C, 245. 

969 1917A,  102. 

977 22:  (N.S.)701. 

1007 1918E,  367. 

1024 3:  (N.S.)508. 

1110 10:  (N.S.)706. 

37:(N.S.)409. 
1915A,  715. 

1171 3 :  (N.S.)954. 

1178 13:  (N.S.)646. 

1184 43 :  (N.S.)961. 

1916E,  253. 

1188 43 :  (N.S.)961. 

1916E,  253. 

1192 17:  (N.S.)1135. 

48:  (N.S.)  294. 


2  L.R.A.(N.S.) 

95 

25:  (N.S.)  180. 

52:(N.S.)943. 

105 

32:(N.S.)1206 

1918F,  555. 

110 

24:(N.S.)1178 

2  L.R.A. (N.S.)— cont'd. 

115 9:(N.S.)1113. 

127 10:  (N.S.)693. 

130 25:(X.S.)50. 

30:  (N.S.)694. 

44:(X.S.)156. 

1916F,286. 

144 50:  (N.S.)236. 

168 1917D,  740. 

197 2:(N.S.)1196. 

210 45:  (N.S.)52. 

244 1918C,  923. 

261 38 :  (N.S.)  1202. 

269 30:  (N.S.)637. 

52:  (N.S.) 889. 
288 36 :  (X.S.)866. 

51:(X.S.)1040. 

1915E, 987. 

303 5:(X.S.)1103 

331  (constitutionaUty)  .20:  (X.S.)160. 

1915E,  917. 

(fixtures)   34:  (X.S.)218. 

(337) 25:(N.S.)758. 

45:  (N.S.) 495. 

(338) 19:(X.8.)874. 

353 15:(X.S.)463. 

1915E,  08. 

383 24 :  (X.S.)  143. 

392 21:  (X.S.)176. 

395 1917F,911. 

408  (459) 1915F,  680. 

512 52:  (X.8.)670. 

531 52:  (N.S.)778. 

553 22:(X.S.)661. 

574 1915B,498. 

588 7  :  (N.S.)1131. 

■  30:(N.S.)9r)7. 

49:  (N.S.)  1123. 

1917A,  43.3. 

1918B,  383. 

619 1916B,  1053. 

628 1915B,492. 

631 25:  (N.S.)193. 

34:(N.S.)454. 

1916C,  263. 

637 14:  (X.S.)493. 

643 1918A,  475. 

652  (653) 36:(N.S.)208. 

37:  (N.S.)  1191. 

51:(N.S.)726. 
666 25:  (N.S.)596. 

1915B,  1121. 
695 5 :  (N.S.) 779. 

14:(N.S.)464. 

34:  (N.S.) 282. 

1918D,  1032. 
725 13:(N.S.)610. 

29:(N.S.)813. 

1916C,  372. 

744. 1915E,722. 

(748) 13:(N.S.)619. 

29:  (N.S.) 813. 

(757) 24:  (N.S.)246. 

804  (806) 1915D,  733. 

809 28 :  (N.S.)  178. 

1915B,  740. 

813 27 :  (N.S.)898. 

836 12 :  (N.S.) 760. 

13:  (N.S.) 616. 

29:  (N.S.)  808. 

1916C, 364. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


1435 


X.R.A.(N.S.)— cont'd. 

842 19:(X.S.)725. 

•859 21:(X.S.)263. 

191(»E.  1L50. 

«62 22:  f  X.S.)240. 

41:(X.S.)1213. 
1917E,  1133. 

873 20:(X.S.)1019, 

887 38:(X.S.)830. 

927  (928) 39:(X.S.)1215. 

904 35:  (X.S.)2ol. 

1013 41 :  (X.S.)695. 

1100 ; 36:(X.8.)230. 

1108 41:(X.,S.)958. 

191()E,  280. 

1115 41:(X.S.)236. 

1173 5:(X.S.)1177. 

1191 10:  (X.S.)352. 

12:(X.S.)831. 
21:(X.S.)972. 
49:(N.S.)135. 

L.R.A.(N.S.) 
49 22:  (X.S.)1073. 

191 5D,  831. 

Ill 42:(X.S.)568. 

141 45:  (X.S.)946. 

149 19:(X.S.)1124. 

168 20:  (X.S.)1007. 

36:(N.S.)115. 

1917C,  63. 

172 27:(X.S.)11. 

192 36:  (X.S.)500. 

209 1915B,4.35. 

218 26:  ('X.S.)1058. 

1918E,  517. 

244 1915E,91. 

251 9 :  (X.S.)  1148. 

19:(X.S.)606. 

1915F,  673. 
-259 33:  (N.S.)  196. 

47:(X.S.)932. 

(287) 30:  (N.S.)1096, 

323 7:(N.S.)87. 

339 1915E.455. 

245 20:  (N.S  )232. 

38:(N.S.)488. 

42:  (X.S.)  1179. 

51:  (X.S.) 992. 

382 40:(X.S.)576. 

412 47:(N.S.)955. 

432 22:  (X.S.)910. 

28:(N.S.)773. 

46:  (X.S.) 357. 

1918F,317. 

473 21:(X.S.)267. 

478 39:  (X.S.)370. 

1915D,  130. 

500 4:  (X.S.)220. 

558 4:  (X.S.)480. 

564 45:  (X.S.)908. 

576 24:  (X.S.)1182. 

1915E.  715. 

588 28:  (X.S.)611. 

•608 20:(X.S.)264. 

1915F,  880. 
■622 21 :  (X.S.)585. 

1918D,683. 

726  (life  insurance) 1917B,  671. 

(inheritance) 39:  (N.S.)  1088. 

1915C,  328. 


•  3  L.R.A.(N.S.)— cont'd. 

741 23:  (X 

746 22:  (X 

1916E 
759 23:  (X 

42:  (X 
763 24:(X. 

25:(X. 

33:  (X. 

1917C, 

774 21:  (X. 

887 1915C, 

935 33:  (X. 

982 32:  (X 

38:  (X 

42:(X, 

1915F, 
988 34:  (X 


997 1916F, 

1115 1916B, 

1126 38:  (X. 

1132 19:(N. 

32:  (N. 

42:  (X, 

1915F, 
1187 23:  (X 

1918F 

1196 25:  (X, 

1199 1918A 


,S.)77]. 
8.)  921. 
,96. 
S.)643. 
S.)863. 
,S.)10:5. 
S.)1297. 
,S.)179. 
822. 
S.)533. 
378. 
S.)949. 
.8.)713. 
S.)72. 
S.)1073. 
698. 

S.)1089, 
1094. 
914. 
616. 
S.)763. 
,S.)772. 
,S.)713. 
S.)1070. 
690.  • 
.S.)673. 
,688. 
S.)178. 
,442. 


4  L.R.A.  (N.S.) 

49 19150,789. 

49  (58) 34:(N.S.)351. 

1915C, 809. 

(66-68) 40:  (N.S.)486. 

80 16:(N.S.)1129, 

119 ; 26:  (N.S.)134. 

'       1915E,267. 
149 32:  (X.S.)740. 

1915E,  413. 

189 1915A,  1179. 

202 86:  (X.S.)722. 

40:(N.S.)254. 
282 28:(N.S.)88. 

1916F, 1249. 

302 50:(X.S.)412. 

309 32:(N.S.)737. 

339 38:  (N.S.)261. 

365 51 :  (N.S.)1121. 

19170,361. 

417 41:(N.S.)439. 

421 38:  (N.S.)571. 

1915E,  152.      7^ 
427 33:  (X.S.)883.' 

1915A,521. 
485 32 :  (N.S.)  1201. 

1915E,  668. 

521 1916E,821. 

558 1915A,797. 

565 30:  (N.S.)926. 

569 49:  (N.S.)491. 

589 1916D,727. 

607 1915A,273. 

616 36:  (N.S.)388. 

629 44:(N.S.)68. 

636 50:  (N.S.)1007. 

643 29:  (N.S.)842. 

1915A,67. 

678 24:  (N.S.)1045. 

688 40:  (N.S.)857. 


1436 


TABLE  OF  SUPPLEMEMKD  E.R.A.  NOTES. 


4  L.R.A.(N,S.)— cont'd. 

729 21:(N.S.)887. 

740 18:  (N.S.)613. 

782 48:  (N.S.)157. 

786 27:(N.S.)550. 

(792) 27:(N.S.)550. 

816 9:(N.S.)317. 

848 28:  (N.S.)1215. 

865 30:  (X.S.)1030. 

890 ....1916D,719. 

909 .44:  (N.S.)1003. 

913.... 22:(N.S.)472. 

939. .42:  (N.S.)1162. 

953 1916A,  894. 

1020 51 :  (N.S.)635. 

1029 14 :  (N.S.)776. 

1035 1918C,  108. 

1091  (1118) 1916C,  222 

1130  See  L.R.A.  Indexes  under  "Auto- 
mobiles." 

1170 38:(N.S.)4 

1185 27 :  (N.S.)1062. 

5  L.R.A.(N.S.) 

136 35:  (N.S.)1054. 

1915A,  789. 

1917A,  379. 

148 18:  (X.S.)1233. 

183 1918D,  388. 

186  (sale  of  dangerous 
instrumentality) 

1915C,  460. 
(question  of  law)  . .  .47:  (N.S.)1204. 
(260,   master  and 

servant) 15:  (N,S.)784. 

(244,  crossing) 47:(N.S.)820. 

(250) 8:  (N.S.)1093. 

(256)  ...., 1915D,  1021. 

274 50:(N.S.)47. 

327 22 :  (N.S.)534. 

42:(N.S.)465. 

375 1918C,  1195. 

415 1915F,  898. 

418 1915B,  407. 

439. 28:  (X.S.)577. 

571 22:  (N.S.)959. 

619 21:  (N.S.)279, 

280. 
657 1915E,  127. 

1916B,  1021. 

663 50:  (N.S.)1091. 

874.... 8:(N.S.)1116. 

27:(N.S.)283. 

50:(N.S.)421. 
680 46:  (N.S.)990. 

1917A,  442. 

721 46:  (X.S.)142. 

733 1918A,  849. 

751 23:(X.S.)648. 

28:(X.S.)4«0. 

29:(X.S.)795. 

41:(X.S.)223. 
779 14:  (X.S.)464. 

34:(X.S.)282. 

1918D,  1032. 

831 30 :  (N.S.)619. 

838 46 :  (N.S.)1049. 

50:(X.S.)489. 

860 23:  (X.S.)500. 

874 25:  (X.S.)1217. 

886. . 16:  (X.S.)918. 

1917A,  683. 


L.R.A.(N.S.)— cont'd. 
899 19 :  (N.S.) 561. 

27:(N.S.)966. 

48:  (N.S.)  893. 

926 1917A,  1056. 

1002 21 :  (N.S.)914. 

39:  (N.S.)  1187. 

1005 39:  (X.S.)649. 

1012 38:  (X.S.)258. 

1915B,  1202. 

1025 37:  (N.S.)419. 

1028 18 :  (N.S.)260. 

25:\X.S.)228. 
1064 .20:  (N.S.)337. 

26:  (N.S.)  110. 

1081 19170,703. 

1086 1917E,  576. 

1105 22:  (N.S.)364. 

1917D,  1011. 
1154 1916D,  782. 


6  L.R.A.(N.S.) 

191 .30:  (N 

52:  (X 

198 1918D 

202 22:  (X 

212 18:  (N 

225 1918A 

298 24:(X 

302 22:  (X 

306 1915D 

311 52:  (X 

337 16:  (X^ 

1917E, 

369 inifiC, 

381 26:(X 


391 38:(X 


397 28:  (X 

442 41:(X, 

463 1917F, 

469 47:(X 

477 21:(X 

1916D 

516 1916B, 

524 25:  (X. 

550 43:  (N 

562 52:  (N 

581 1917B, 

609 1916E, 

685 45:  (N 

710 51:  (N 

750 32:  (X 

1917F, 

882 45:  (N 

905 20:  (X 

34:  (X 

1910B 

914 40:  (X 

917 37:  (X 

52:(X, 

928 1917A 

934 191.5B, 

940 35:  (X' 

1917D, 

942 1915E 

981 19:  (X 

22:  (X 

33:(X 

42:  (N. 

49:  (N 


.S.)1153. 

.S.)186. 
,  364. 

S.)1024. 

,S.)880. 

,774. 

.S.)511. 

.S.)828. 

,  3.34. 

.S.)r,7i. 

,S.)214. 

4. 

11G4. 
.8.)  161. 
.S.)452. 
.S.)680. 
.S.)1176. 
,637. 
.S.)870. 
.S.)525. 
,266. 

1220. 

S.)967. 

.S.).559. 

.S.)126. 

.916. 

,957. 

.S.)559. 

.S.)50. 

.S.)355. 

774. 
.S.)215. 
.S.)753. 
.S.)118. 
,947. 
,S.)655. 
,S.)754. 
,S.)1154. 
,1163. 

681. 
.S.)386. 
,942. 
,  1008. 
.S.)646. 
.S.)634. 
.S.)646. 

S.)1229-. 
,S.)472. 


TABLE  OF  SUPPLEAIK.\'J  KD  L.R.A.  NOTES. 


143/ 


6  L.R.A.(N.S.)— cont'd. 

1013 43:(N.S.)1037. 

1915C,747. 

1016 1916A,  1302. 

1021 1918D,  1192. 

104G 3r):(X.S.)611. 

1048 32:(X.S.)189. 

10r)4 32:  (N.S.)189. 

10(57 1916C,989. 

1082 1916A,  524. 

10!4) 30:  (N.S.)1161. 

10!)4 20:(X.S.)654. 

1107 iyi8A,  914. 

1171 21:(N.S.)1021. 

1180 1918D,  720. 

1180 39:(X.S.)805. 

7L.R.A.(N.S.) 

97. 9:(N.S.)851. 

108 36:  fN.S.)1194. 

1915A,  382. 
114 23 :  (N.S.)924. 

27:(X.S.)420. 
132 7:(N.S.)152. 

17:(X.S.)707. 

19:(X.S.)446. 

27:(N.S.)379. 

36 :  ( X.S. )  957. 
152.... 17:(X.S.)707. 

19:  (X.S.) 446. 

27:(X.S.)379. 

155 1917B,  948. 

156 1918C..340. 

162 34:  (X.S.)299. 

1915E.  320. 

188 1916A,  549. 

191 18:  (N.S.)882. 

195 25:(X.S.)446. 

48:(N.S.)308. 

216 46:  (XLS.)663. 

253 1915B,  181. 

274 23:  (X.S.)739. 

1916A,743. 

282 1915C,  960. 

335 48:  (X.S.)657. 

352 1915D,588. 

357 15:(N.S.)701. 

28:(N.S.)648. 

1916D,  301. 

362 42:  (X.S.)386. 

415 25 :  (N.S.)  1211. 

1915D,  1211. 
424 19:  (X.S.)516. 

20:(N.S.)635. 

43:(N.S.)1116. 
481 10:(X.S.)74. 

22:(N.S.)486. 

32:  (N.S.) 62. 

42:  (X.S.)  1144. 

52:(X^.S.)505. 

501 34 :  (N.S.)  1195. 

582 40:  (N.S.)585. 

1916D,  1276. 

609 50:  (N.S.)880. 

612 41 :  (X.S.)290. 

621 24:(X.S.)188. 

646 49 :  (N.S.)  1219. 

669 1918F,  965. 

694. 47:  (N.S.)552. 

715 21:(N.S.)157. 

729 51:(N.S.)1153. 

763. ... 28:  (N.S.)  1029. 


7  L.R.A. (N.S.)— cont'd. 

899 33:(N.S.)828. 

933 13 :  (N.S.)1105. 

45:  (X.S.)  75. 

958 48:  (X.S.)191. 

991 23:  (X.S.)433. 

1041 1916D,  341. 

1053 33:  (X.S.)741. 

1076 13 :  (X.S.)613. 

29:(X.S.)814. 

1131 30:(N.S.)957. 

49:  (N.S.)  1123. 
1917A,433. 
1918B:  383. 

1154 31 :  (X.S.)417. 

191BA,  762. 
1163 1917E,  1035.  ' 

8  L.R.A.(N.S.) 

49 42:  (N.S.)439. 

77 29:  (X\S.)199. 

1915D,243. 
95 35:  (N.S.)979. 

1916A,  660. 

108 44 :  (N.S.)643. 

117 33 :  (X'.S.)  139. 

131 24:  (X'.S.)201. 

34:  (N.S.) 767. 

144 22:  (X.S.)1153. 

149 44:  (N.S.)98. 

199 34 :  (X.S.) 826. 

.   227.-^>  . , .-..,. 21 :  (N.S.)75.  • 

•'•../'  1917A.  1155. 

240.  .  . . ; 16:  (N.S.  )9a5. 

25:  (X.S.)  938. 

249 19:  (X^S.)475. 

263.. 51:(X\S.)56. 

287 52:  (N.S.)908. 

299 48:  (N.S.)819. 

384 14:  (N.S.)893. 

1915E,  1095. 
426 32:  (N.S.)51. 

1918B, 670. 

565 1915D,  551. 

585 17 :  (N.S.)439. 

30:  (XLS.)  783. 

43:  (XLS.)  911. 

51:(N.S.)959. 

597 1915A.  761. 

698 31:(N.S.)176. 

33:  (X.S.) 996. 
762 34:(N.S.)58. 

191 5B,  834. 

783 1915E.  457. 

804 16:  (X.S.)818. 

814 48:  (XLS.)840. 

844 44:(XLS.)317. 

896 17 :  (N.S.)382. 

909 ■ 52:  (N.S.)459. 

916  (917) 52:(N.S.)842. 

937 31:(N.S.)517. 

1915C,  648. 

944 1917F,266. 

983 39 :  (N.S.)951. 

1014 19168,621. 

1069 41 :  (N.S.)264. 

1107 1917A,  216. 

1917A,231. 
1116 27 :  (XLS.)283. 

50:(X'.S.)421. 
1130 46:  (N.S.)  1134. 


3438 


TABLE  OF  SUPPLEMEN'lED  L.R.A.  NOTES, 


8  L.R.A.(N.S.)— cont'd. 

1137 20:  (X.S.)298. 

42:(N..S.)1160. 

1148 1918F,  172. 

1180 33 :  (N.S.)602. 

44:(N.S.)422. 

1210 44 :  (N.S.)427. 

1240 34:  (N".S.)715. 

9  L.R.A.  (N.S.) 

49 48:(N.S.)547. 

140 37:  (X.S.)861. 

146 23:  (N.S.)636. 

1 915?,  568. 

154 49:  (X.S.)922. 

174 43 :  (X.S.)639. 

224 38:  (N.S.)941. 

277 27:(N.S.)487. 

44:(N.S.)583. 
1918C. 1168. 

282 1917B,  1128. 

(advertising)   33:  (N.S.) 947. 

^22 46:  (N.S.)467. 

338 1915E,  501. 

407 41 :  (N.S.) 799. 

1915B,621. 

446 1917A,  379. 

478 20:(N.S.)956. 

48:  (N.S.)  196. 

485 52:  (N.S.)1075. 

496 46:  (N.S.)615. 

501 1917A,379. 

572 39:  (N.S.)519. 

380 21 :  (N.S.)868. 

593 1917F.  1161. 

598 28:  (N.S.)200. 

51:  (N.S.) 309. 

601 li)18F,  829. 

'     689 44:  (N.S.)544. 

698 29:  (N.S.)205. 

781 1918A,  884. 

880 30:  (N..S.)404. 

1917E.  1029. 

929 21:  (N.S.)873. 

1916E,  774. 

988 32:  (N.S.)371. 

1026 42:  (N.S.)555. 

1918C, 1015. 

1033  (1035) 14:(N.S.)216. 

21:(N.S.)93. 
26:  (N.S.) 382. 
33:(N.S.)79. 
37:(N.S.)834. 
47:  (N.S.) 662. 
1916A,  957. 

1057 1916A,  1279. 

1084 49:  (N.S.)973. 

1096 24:  (N.S.)900. 

1104 35:  (N.S.)784. 

1117 16 :  (N.S.)672. 

19:  (N.S.)  1056. 
35:(N.S.)575. 
36:  (N.S.) 33. 
42:  (N.S.) 643. 

Iil9 1917E,  654. 

1127 21 :  (N.S.)239. 

1148 19 :  (N.S.)606. 

imr^Y,  673. 

1168 28:  (N.S.)1068. 

lli)7 48:  (N.S.)979. 

1214 23:  (N.S.)834. 

1916E,236. 


10  L.R.A.(N.S.) 

49 25 :  (N.S.)  1 308. 

1915A,  77. 
74 22:  (N.S.)486. 

32:(N.S.)62. 

42:(N.S.)1144. 

52:(N.S.).505. 

114 1017D,  745. 

117 .38:  (N.S.)  1195. 

1917 F,  .597. 

129 26 :  (N.S.)99. 

1.59 25:  (N.S.)60. 

167 40:  (N.S.)102. 

172 1915E.496. 

177 21 :  (N.S.)  178. 

39:  (N.S.) 744. 

1917C,  1153. 

204 1917E,  886. 

216 23 :  (N.S.).564. 

25:  (N.S.) 574. 

1916B,  890. 

3.32 1918F,287. 

.352 12:  (N.S.)831. 

21:(N.S.)972. 

49:  (N.S.)  135. 

404 22:  (N.S.)  1100. 

415 41:(N.S.)559. 

432 34:  (N.S.)637. 

443 27  :  (N.S.)735. 

463 191.5C,  396. 

640 24:(N.S.)735. 

706 37  :  (N.S.)409. 

1915A,  715, 
722. 
736 28:  (N.S.)593. 

32:  (N.S.) 240. 

48:  (N.S.)  1221. 

842 24:  (N.S.)  1057. 

845 20:  (N.S.)958. 

857 48:  (N.S.)840. 

897 1917E,397. 

925 44:  (N.S.)359. 

1918C. 239. 

928 ■ 39:(N.S.)563. 

992 21 :  (N.S.)8.36. 

44:  (N.S.)  101. 

1043 47 :  (N.S.)  1221. 

1051 25:  (N.S.)1215. 

1061 .34:  (N.S.)  1221. 

1155 1910C,  343. 

1175 1918A,  940. 

11  L.R.A.(N.S.) 

92 49:  (N.S.)853. 

166 1917F,  172. 

182 48:  (N.S.)440. 

202 19170,782. 

368 19 :  (N.S.)  143. 

30:  (N.S.) 580. 

41:  (N.S.)  1034. 

372 35:  (N.S.)1113. 

417 30:  (N.S.)  176. 

34:(N.S.)34. 
432 .50:  (N.S.)432. 

1917D.  648. 
449 25:  (N.S.)  1220. 

43:  (N.S.)  137. 

1918E,  1039. 
497 49:  (N.S.).305. 


TABLE  OF  SUPPLEME^TED  L.R.A.  NOTES. 


143» 


11  L.R.  A.  (N.S.)— cont'd. 

604 ; 34:  (X.S.)804. 

48:(X.S.)!)1J). 
191()D,  1227. 
1918E, 219. 

550 23:  (N.S.)1020. 

29:(X.S.)745. 

554 17:(X.S.)477. 

557 1915D.  1218. 

561 28:(X.S.)566. 

30:(X.S.)409. 
1915B,  685. 

616 29:(.\.H.)905. 

653 31:  (X.8.)670. 

676 28:(X.S.)436. 

713 43:(X.S.)730. 

1918E.  296. 

748 16:(X.S.)445. 

52:(X.S.)377. 

789 28 :  (X.S.)450. 

818 46:(X.S.)669. 

825 24:  (X.S.)840. 

913 1918C.55. 

930 28:(X.S.)757. 

37:  (N.S.)  1115. 

940 22:(X.S.)2. 

948 23:(X.S.)824. 

1915D,  355. 

973 41 :  (X.S.)524. 

996 46:  (N.S.)392. 

1018 21 :  (N.S.)1005. 

1917A,719. 

1028 46:  (X.,S.)325. 

1060 ; 42:  (X.S.)1041. 

1918D,  819. 

1082 17:(X.S.)800. 

26:(X.S.)179. 
28:(X.S.)753. 
43:  (N.S.) 355, 

1092 33:  (X.S.)969. 

50:(X.S.)195. 
1917B,  15. 

1119 32:  (X.S.)616. 

47:(X.S.)1058. 

1157 1916A.  1143. 

1163 1918E,  954. 

1170 34:(N.S.)924. 

43:  (N.S.)  131. 
1918E,  351. 

1186 20:  (X.S.)498. 

1916F, 393, 

12  L.R.A.(N.S.) 

9S 1918E,959. 

102 .20:  (X.S.)9.33. 

44:(X.S.)1160. 

112 40:  (X.S.)935. 

(drains  or  sewers)  .  .  1915A,  129, 

131 22:(X.S.)190. 

188 38:(X.S)913, 

52:(X.S.)207, 

240 26:  (X.S.)159. 

267 27 :  (X.S.)  168. 

37:(X.S.^976. 

49:(X.S.J415. 

319 46:  (X.S.)537. 

355 1917C,553. 

382 20:  (X.S,)1110. 

39:  (N.S.) 20. 
389 27:  (X.S.)425, 

1915E,  356. 


12  L.R.A.(N.S.)— <!ont'd. 

403. 23: (N,S.)1003, 

44:(N,S.)680. 

1916F,  890, 
449 26 :  ( X.S.)  1207. 

42:  (N.S.)  176, 

1916D,  826. 
(454) 15:(N.S.)160. 

1916D,  827. 
461 20:  (N.S.)876. 

48:  (N.S.)  667, 
479 43:  (X.S.)  1128. 

1918D,  187. 
519 20:  (N.S.)  1095. 

23:  (X.S.)  192, 

38:  (X.S.)  101, 

19150,877, 

526 49:  (X.S.)166. 

537 42:  (X.S.)915. 

1915E,  460. 

668 19170,246. 

575  (576) 43:  (X.S.)  1109. 

(616) 1915B,  851, 

643 32:  (X.S,)792. 

51:  (X.S.) 778, 

661  (wills) 1918F,  775. 

670 25:  (N,S,)356. 

711 iai5D,  1205. 

717 26:  (X,S.)954. 

1918D,  1137. 

721 24 :  (N.S.)i:i9. 

748 49:(N.S,)258, 

760 13:(X.S.)615. 

19160,  376, 
768 35:  (X,S.)563. 

50:  (X.S.) 510. 

19160,211. 
831. ,  , 21 :  (X.S,)972. 

49:  (X.S.)  135, 
853 19:(X.S.)717. 

23:  (X.S.) 954, 
861 23:  (X.S.)960. 

1916F,1227, 

869 1918E,  111, 

881 48:(X.S.)265, 

805 26 :  (X,S.)237. 

935 1916D,  610, 

946 1915A,  106. 

956 24:  (X.S.)514. 

42:(X.S.).379. 

969 1918D,  741. 

1019 1915E,  172, 

1021 1916E,  828, 

1040 47:  (X.S.)84. 

1100 28:  (X.S.)992. 

1915D,  852, 
1125 30:  (X.S.)  1084. 

51:  (X.S.)  1082. 
1130 26:  (X.S.)242. 

35:(X.S)628. 

40:  (X.S.) 893, 

51:(X,S.)361, 

1915F,  830. 

1155 1918E,  708. 

1177 14:(X.S,)130, 

37:  (X.S.)  1017. 
1190 22:  (X.S,)  1110. 

51:(X,S,)151, 

1918F,  169, 

1201 23:  (X.S.)1151. 

1207 33:  (X,S,)773. 

1918E,  1033, 


1440 


TABLE  OF  SUPPLEMEJSiTED  L.R.A.  NOTES. 


13  L.R.A.(N.S.) 

146 39:(N.S.)46. 

159 33:(N.S.)386. 

173 21:(N.S.)417. 

185 50 :  (X.S.) 239. 

222 34:  (N.8.)758. 

1915E,  161. 
226 20:  (N.S.)816. 

1915C, 571. 

244 1915C,467. 

258  (personal  encounter)  1917C,  199. 
283 25:(N.S.)407. 

1916C, 1022. 

298 1915D,  196. 

314.. 19170,476. 

'    333 1918B,475. 

384 49:  (N.S.)lOll. 

413 1918B,975. 

481 43:  (N.S.)  1050. 

490 1915B,  144. 

661 16:  (]Sr.S.)963. 

43:(N.S.)187. 

1915F,  1125. 
572 45:  (N.S.)382. 

1916B,630. 

691, .  ■. .". . . 34 :  ( N.S. )  874. 

•  ■     ■  42:(N.S.)793. 

601 29 :  (N.S.)808. 

1916C,  364. 
620. 27:  (N.S.)128. 

31:(N.S.)338. 

629.  ; 30:(N.S.)1164. 

668  (670) 30:  (N.S.)800. 

40:  (N.S.)  832. 

51:(N.S.)337. 

1918D,  1141. 
687 •. 40:  (N.S.)832. 

51:(N.S.)337. 

1918D,  1141. 
697 29:(N.S.)709. 

47:  (N.S.)  173. 

716 1915B,  875. 

725.. 28:(N.S.)607. 

758 30:  (N.S.)720. 

781 51:  (N.S.)646. 

811 45:  (N.S.)664. 

884 1916F,444. 

889 1915F,  444. 

905 34:(N.S.)506. 

52:  (N.S.)  1038. 

916 1915D,  843. 

1013 34 :  (N.S.) 240. 

1918C, 1157. 
1024 25:  (N.S.)376. 

52:  (N.S.)  230. 
1066 34:  (N.S.)466. 

50:  (N.S.)  1013. 
1071 34:  (N.S.M69. 

1917E,  823. 

1105 45:  (N.S.)75. 

1122 16:  (N.S.)816. 

25:(N.S.)33. 

38:(N.S.)973. 

1918E,  121. 

1126 39 :  (N.S.)217. 

1158 50:  (N.S.)858. 

1166. 20:  (N.S.)686. 

1915A,  325. 

1214 45 :  (N.S.)372. 

1219  (1244) 32:  (N.S.)  1090. 

(1252) 20:(N.S.)732. 


14  L.R.A.(N.S.) 

49 37:(N.S.)993. 

155 46:  (N.S.)557. 

185 1917A,  127. 

216 21:(N.S.)93. 

26:  (N.S.) 382. 
33:(X.S.)79. 
37:(X.S.)834. 
47:(N.S.)662. 
1916A,  957. 

251 48:  (N.S.)946. 

284 32:  (N.S.)715. 

42:  (N.S.)  1073. 
1916F, 696. 

293  (stopping)    17 :  (N.S.) 823. 

29:  (N.S.)  159. 
44:(X.S.)478. 

(speed)   1917F,  1187. 

312. 20:(N.S.)426. 

322 1918D,  183. 

330 33:(N.S.)983. 

346 24:  (N.S.)369. 

356.. 1918A,  898.' 

400 38:  (N.S.)351. 

443 27:(N.S.)439. 

448 1917C,  774. 

457..^ 1918A,  937. 

464 34 :  (N.S.)282. 

1918D,  10.')2. 

476.... 42:(N.S.)122. 

488 1915F,  771. 

499.. 49:(X.S.).300. 

507.  . 28:  (X.S.)2.34. 

514..  ;. ini6D,613. 

526.. 43:(X.S.)901. 

548. 1910E.  1273. 

561 23:(X.S.)492. 

586.  .. 24:  (X.S.)1257. 

42:(X.S.)840. 
1917A,  1295. 

603 32:(X.S.)306. 

1915D,  817. 

648 39:  (X.S.)1055. 

663 1917B,  252. 

674 19170,1014. 

689  (714) 1916B,  965. 

(763) 33:(X.S.)751. 

862 46:(X.S.)38. 

893 32:  (X.S.)867. 

910 1915A,  679. 

914 29:  (N.S.)851. 

937 37:  (X.S.)291. 

972 45:  (N.S.)707. 

998 31:  (N.S.)667. 

1915D,  962. 

1003 25 :  (X.S.) 840. 

1915A,  491. 

1025 30:  (X.S.)375. 

1916E,248. 

1036 24:  (N.S.)321. 

1062 1915A,  757. 

1067 37 :  (N.S.)953. 

1090 1915B,  298. 

1128 19150,  734. 

1150 , 1918F,  794. 

1188 23:  (X.S.)938. 

19170,  882. 

1242 38:  (N.S.)204. 

1915B,  1119. 
1259 32:(N.S.)1190. 


TABLE  OF  SUPPLEMEJSiTED  L  K.A.  .NOTES. 


1441 


15  I.R.A.(N.S.) 

61 32:(N.S.)1078. 

73 1917  A,  1213. 

94 24:(N.S.)408. 

108 25:(X.S.)1001. 

129 42:  (N.S.)151. 

134 29:(N.S.)240. 

52:(N.S.)267. 

142 see   36:  (N.S.)295. 

156(161) 19170,1172. 

206 25 :  (N.S.)  1241. 

214 32:  (N.S.)598. 

254 .- . .  .  23 :  (N.S.)  1224. 

272 34:  (N.S.)  1050, 

277 19:(N.S.)374. 

49:  (N.S.) 250. 

294 19180,528. 

313  (330) 1915E,  563. 

350 27:(X.S.)255. 

35:  (N.S.) 549. 
51:  (N.S.)  1097. 

402 27:(N.S.)124. 

425 52:(N.S.'j260. 

443 20:  (N.S.)500. 

25:  (N.S.) 708. 

466 38:(N.S.)752. 

470 45:(N.S.)841. 

509 1915K,  989. 

619 1917  A,  148. 

523 35:(N.S.)592. 

535  (541) 33:(N.S.)1061. 

594 1916F,  691. 

686  (687) 38:(N.S.)1162. 

701 28:  (N.S.)648. 

1916D,301. 

715 26:(N.S.)483. 

1917D,  690. 

747 23 :  (N.S.)691. 

33:(N.S.)325. 
47:(N.S.)673. 

756 1918B,  79. 

763 1918A,  389. 

775 1916E,  898. 

790 i915D,  305. 

819 1915E.  991. 

840  (845) 17:  (N.S.)  758. 

868 31:(N.S.)783. 

34:(N.S.)737. 

884 1917F,472. 

983 42:(N.S.)107. 

1013 39:(N.S.)671. 

1019 51:(N.S.)358. 

1025 1915F,  554. 

1055 28:(N.S.)104. 

1115 46:  (N.S.)484. 

1178  (1184) 35:(N.S.)755. 

(1215) 27:(N.S.)340. 

1267 29:(N.S.)250. 

1272 41:(N.S.)181. 

16  L.R.A.(N.S.) 

49 33:(N.S.)844. 

85 18:(N.S.)707. 

32:  (N.S.) 748. 
1917E,391. 

98 34:(N.S.)940. 

1915E,  186. 

121 52:(N.S.)877. 

128 27:(N.S.)181. 

146 21:(N.S.)601. 

177 1916E,1082. 

214 1917E,4. 


16  L.R.A.(N.S.)     confcl. 

227 30:(N.S.)552. 

52:(N.S.)754. 

236 43:(N.S.)575. 

285 1916D,  1299. 

353 33:  (N.S.)960. 

48:  (N.S.)  198. 

445 52:  (N.S.)377. 

470 47:(N.S.)1190. 

489 19170,324. 

494 42:(N.S.)577. 

527 1916A,930. 

585.  .  .• 42:(\.S.)872. 

631 27  :  (N.S.)537. 

49:(X.S.)07. 

647 1918D,  205. 

660 52:(N.S.)153. 

672 19:  (N.S.)  1056. 

35:  (N.S.) 575. 

36:  (N.S.) 33. 

42:  (N.S.) 643. 

691 1915A,616, 

742 43 :  (N.S.)332. 

746 28:(N.S.)615. 

1915F,  1076. 

777 1915J3.358. 

786 20:(N.S.)321. 

33:  (N.S.) 419. 
794 24 :  (N.S.)475. 

19180, 373. 

807 1916A,972. 

816 25:(N.S.)33. 

38:  (N.S.) 973. 

1918E,  121. 

829 26 :  (N.S.)696. 

860 1915D,941. 

870  (terminal  office  closed) 

24:  (N.S.)  1283, 

874 1915D,  397. 

878 33:(N.S.)738. 

49:  (N.S.)  132. 

886 1915F,  888. 

890 40:  (N.S.)133. 

19150, 605. 

918 1917A,683. 

931 1915F,  577. 

935 25:(N.S.)938. 

963 43:(N.S.)187. 

1915F,  1125. 

1020 1915F.  979. 

1026 1915D,  838. 

1035 21:(N.S.)83. 

1055 23:  (N.S.)123. 

1916F. 694. 

1058 1917F,  547. 

1132 52:  (N.S.)668. 

1136 31:(N.S.)1186. 

17  L.R.A.(N.S.) 

101 19183,1133. 

124 19160,1097. 

162 35:(N.S.)787. 

1917F,  760, 

210. ..  * 23:  (N.S.)982. 

244 27:  (N.S.)  1032. 

52:(N.S.)919. 

276 39:(N.S.)423. 

287 44:(N.S.)236. 

353 23:(N.S.)515. 

30:(N.S.)1173. 
364 29:  (N.S.)802. 

42:  (N.S.) 984. 


91 


/ 


1442 


TABLE  OF  SUrPLEMEJSJTED  L.R.A.  NOTES. 


17  L.R.A.(N.S.)— cont'd. 

385 1917F,575. 

431 1917E,520. 

439 30:  (N.S.)783. 

43:(N.S.)911. 
51:(N.S.)959. 

514   38:  (N.S.)llll. 

594 1917E,  1049. 

602 24:  (N.S.)1121. 

609 1915D,719. 

650 23:(N.S.)331. 

25:(N.S.)465. 
37:(N".S.)193. 
1915A,  369. 

667 51:(N.S.)279. 

684 40:  (N.S.)875. 

688 1916D,  307. 

702 24:  (N.S.)375. 

707 19 :  (N.S.)446. 

27:(N.S.)379. 

733 51:(N.S.)817. 

773 40:  (N.S.)913. 

788 38:(N.S.)175. 

800 26:(N.S.)179. 

••  •>    .     .  28:(N.S.)753. 

43:(N.S.)355. 

808 26 :  (N.S.) 248. 

821  (823) 29:(]Sr.S.)159. 

44:(N.S.)478. 

841 29:(X.S.)886. 

898 49 :  (N.S.)955. 

910 1915E,943. 

925 27 :  (N.S.)690. 

935 40:  (N.S.)639. 

1019 32:  (N.S.)1075. 

1025 49:  (N.S.)958. 

1054 40:  (N.S.)48. 

1083 1918A,  1120. 

1100 38:(N.S.)770. 

1135 48:  (N.S.)294, 

1140 1915B,  G45. 

1144 43:(N.S.)725. 

1910F,  171. 
1157  (moving  pictures)  .  .30:  (N.S.)465. 
1918B,361. 

1167. 30:  (N.S.)1207. 

:■■...■-  48:(N.S.)531. 

1226i. . ; 41:  (N.S.)745. 

1236. 38:  (N.S.)286. 

18  L.R,A.(N.S.) 

77 1915B,  1140. 

109 . . . 27 :  (N.S.)319. 

156; ...  .■.-.':*;• ; 32:m.S.)554. 

197.".  ..  ...'l^'. ......  ...25:  (N.S.)1226. 

31:(N.S.)455. 

1915C, 758. 

214 1917B,257. 

226 52:(N.S.)211. 

231. 25:  (N.S.)930. 

47:(N.S.)830. 

244 52:  (N.S.)91. 

250.. 52:(N:S.)97. 

253.. 19160,1017. 

260 25:(N.S.)228. 

272 1918B,64. 

288 19170,306. 

295 29:  (N.S.)834. 

300 34:  (N.S.)360. 

328 38:  (N.S.)754. 

409 34:  (N.S.)141. 


18  L.R.A.(N.S.)— cont'd. 

451 32:  (N.S.)303. 

44:(N.S.)57. 
1916F,  864. 

458 46:  (N.S.)790. 

478 22:  (N.8.)969. 

47:(X.S.)113. 

494 1918D,962. 

580 1915D,438. 

585 42:  (X.S.)1131. 

600 43:(X.S.)n77. 

647 1917B,  10.32. 

660 '. 45:(X..S.)1068. 

695 1915B,4;J5. 

707 32:(X.S.)748. 

1917E,  391. 

713 32:  (X.S.)649. 

768 50:  (X.S.)1077. 

902 44:(X.S.)372. 

956 1917D,  1059. 

963  (1019  et  seq.) 1918F,  801. 

1167 .34:(X.8.)495. 

1918F,  402. 

1205 39 :  (X.S.)1156. 

1221 32 :  (X.S.)1173. 

52:(X.S.)241. 

1252 1917A.37. 

1259 29:  (X.S.)770. 

19  L.R.A.(N.S.) 

88 33:(X.S.)676. 

143 30:(X.S.)580. 

161 39:  (X.S.)481. 

167 191«F,427. 

269 37:(X.S.)259. 

297 28:(N.S.)265. 

340 28:  (X.S.)1267. 

374 49:(X.S.)2.50. 

377 44:(X.S.)1209. 

391 46:  (X.S.)  11.57. 

446 27:(X.S.)379. 

475 49:(X.8.)277. 

483 31:(X.8.)1166. 

507 49:(X.S.)844. 

(510,519) 46:(X.S.)330. 

(516) 20:(X.S.)635. 

(517) .• 20:  (X.S.)646. 

51:(X.S.)1077. 

526 42:(X.K.)242. 

561 27:(X.S.)966. 

48:(X.S.)893. 

599 1917E,  1040. 

607 1915F.  673. 

618 1915E,  800. 

see   1918F,  364. 

628 1917E,415. 

646 22:  (X.S.)634. 

.33:(X.S.)646. 

42:(X.S.)1229. 

49:(X.S.)472. 

662 ,39:  (X.S.)1104. 

693 31:(X.8.)319. 

700 25:  (X.S.)727. 

717 23:(X.S.)954. 

733 .  . 49 :  (X.S.)889. 

759 L1:(X.S.)344. 

762 1918F,  1179. 

772 32:(X.S.)713. 

42:(X.S.)1070. 

1915F, 690. 
835 28:  (X.S.)673. 

1915C,  359. 


TABLE  OF  SUPPLEMEiNTED  L.E.A.  NOTES. 


1443 


19  L.R.A.(N.S.)— cont'd. 

874 51:(N.S.)398. 

883 46:  (N.S.)1021. 

887 25:  (N.S.)384. 

ini7F,  270. 

907 1918F,  829. 

910 1917C,  9. 

923 48:  (N.S.)213. 

1916B,  879. 

938 31:(N.S.)743. 

952 1915C,  1221. 

964 23:  (X.S.)497. 

34:(N.S.)773. 
1917C,  935. 

1006 34:(N.S.)818. 

1916A,  1273. 

1034 37 :  (N.S.)912. 

1039 1917D,  382. 

1056 36:  (N.S.)33. 

42:(N.S.)643. 
1094  (1139,  road  vehicles)  50:  (N.S.)1147. 
(walls,  fences,  etc.)  .1915D,  160. 

(1143) 47:(N.S.)1101. 

(wreck) 1917F,  1031. 

(tire)   1917F,  1036. 

1178 45:(N.S.)98. 

20  L.R.A.(N.S.) 

79 1918F,282. 

110 1915B,173. 

133 33:(N.S.)109. 

146 1916C,  564. 

155 43:  (X.S.)792. 

160 , 1915E,917. 

185 .30:  (N.S.)291. 

42:(N.S.)332. 

208 .39 :  (N.S.)  1107. 

1916C, 676. 

232 .38:  (X.S.)488. 

42:(N.S.)1179. 
•       51:(X.S.)992. 

239 34:(N.S.)573. 

42:(N.S.)720. 

261 41:(N.S.)315. 

264 1915F,  880. 

298 42:  (N.S.)  1160. 

321 33 :  (N.S.)419. 

337 26 :  (X.S.)llO. 

350 1916E,1179. 

361 1915E,131. 

421 30:(N.S.)73. 

473 41:(N.S.)49. 

484 37 :  (N.S.)539. 

1915D,  1118. 

498 1916F,393. 

500 25:  (]Sr.S.)708. 

42:  (N.S.)  624. 
19-15F,  1082. 

613  (grade) 51 :  (N.S.) 214. 

(553) 1915E,597. 

(592,  595,  597) 40:  (X.S.)182. 

(593) 40:(N.S.)94. 

1918D,  814. 
(598-600,627-629)  .1916F,  708. 

(607,  649) 39:  (N.S.)405. 

(635) 43:(N.S.)1116. 

(632,  640,  641) 29 :  (N.S.)  180. 

43:  (N.S.)  1158. 
1916A,  486. 

(646) 51:(N.S.)1077. 

(656) 39:(N.S.)1167. 

(676) 1917D,756. 


20  L.R.A. (N.S.)— cont'd. 

(686) 1915A,325. 

(697) 1918B,649. 

(738) 35:(xV.S.)840. 

(753) 34:(X.S.)ll;?. 

191615,  047. 

769 40:  (X.S.)1191. 

785 30:(X.S.)623. 

809 31:(N.S.)951. 

816 1915C,571. 

848 35:(N.S.)491. 

40:(X.S.)464. 

872 1917C,324. 

876.. :...48:(N.S.)667. 

886 •. 25:  (N.S.)645. 

894 25:(N.S.)645. 

933 44:  (N.S.)  1160. 

938 35:(N.S.)840. 

980 1916F,  1218. 

996 49:  (N.S.)1159. 

1007 36:  (N.S.)115. 

1917C,  63. 

1050 47:(X.S.)137. 

1065 33:(X.S.)491, 

1095 23:(N.S.)192. 

38:  (N.S.)  101. 
1915C,  877. 

1110 39:(N.S.)20. 

1133 1917A,  74. 

1146 26:(X.S.)895. 

46:(X.S.)759. 
1917B,  974. 

1158 1918F,  790. 

1164 42:  (X.S.)735, 

21  L.R.A.(N.S.) 

1 43:(X.S.)813. 

23 32 :  (X.S.)1186. 

41:(X.S.)40.7. 

52 1916B,  862. 

75 : 1917A,  1155. 

81 35:  (N.S.)658. 

93 26:  (N.S.)382. 

33:(N.S.)79. 

37:  (N.S.) 834. 

47:  (N.S.) 662. 

1916A,  957. 
115 28:(N.S.)554. 

39:  (N.S.) 402. 

1915C,  450. 

164 1917E,1097. 

178 •. 39 :  (N.S.)744. 

1917C,  1153. 

228 39:  (N.S.)1007. 

263 1916E,  1150. 

265 1916D,458. 

277, 32:  (N.S.)940, 

1917F,  861. 

283...., 48:(N.S.)823. 

318 1918D,714. 

338 19180,58. 

349 35:  (N.S.)  1079. 

40:  (N.S.)  1207. 

1918B,  853. 
354 22:(N.S.)741. 

19150, 181. 

456 1915F,572. 

,'J25 1916D,  266. 

585 1918D,  683. 

614 48:  (N.S.)628. 

679 25 -(N.S.)  1285. 

1916A,  666. 


1444 


TABLE  OF  SUPPLEMEMED  L.R.A.  JSOTES. 


21  L.R.A.(N.S.)— cont'd. 

683 1915D,  1126. 

7ai 28:  (N.S.)139. 

735 34:  (N.S.)998. 

i  1917A,1220. 

755 42 :  (N.S.)298. 

774 26:  (N.S.)509. 

794 29 :  (N.S.) 924. 

46:(N.S.)702. 

823 1917B,403. 

830 1915D,209. 

836 44:  (N..S.)161. 

873 1916E,  774. 

914 39:  (N.S.)1187. 

953 39 :  ( X.S.)  1160. 

972 49 :  (N.S.)  135. 

998. ..  r 45:  (N.S.)344. 

1005 1917A,  719. 

1008 24:  (N.S.)273. 

22  L.R.A.(N.S.) 

181 .'{.-):  (N.S.) 636. 

104 43:  (N.S.)  1142. 

225 1918E,  771. 

240 41 :  (N.S.)  1213. 

1917E,  1133. 
276 38:  (N.S.)272. 

1915D,911, 

313 27:(N.S.)253. 

345 1918E,  738. 

364. 1917D,  1011. 

383 49:(N.S.)57. 

486 32 :  (N.S.)62. 

42:  (N.S.)  1144. 

52:  (N.S.) 505. 
492 39:  (N.S.)  151. 

1916D,  154. 

SOQ 191oA,  860. 

534 >, 42:(N.S.)465. 

646. 28:  (N.S.)144. 

568 1915B,  396. 

677 51 :  (N.S.)  1168. 

634 33:  (N.S.)646. 

42:  (N.S.)  1229. 

49:(N.S.)472. 

691 39:  (N.S.)307. 

741 1915C,  181. 

779 27:  (N.S.)  1164. 

40:(N.S.)135. 

'  (784,  obvious) 50:  (N.S.)  1218. 

789 :  .  1917A,  517. 

828 41:  (N.S.)500. 

841 28 :  (N.S.)655. 

1915F,  608. 

862 49:  (N.S.)387. 

872 49:  (N.S.J 387. 

880 42:(N.S.)741. 

«10 28:  (N.S.)773. 

46:(N.S.)357. 

1918F.317. 

921 1916E,96. 

«69 47 :  (N.S.)  113. 

996 1917A,  294. 

1073 1915D,  830. 

1077 40.(N.S.)242. 

1110 51 :  (N.S.)  151. 

1918F,  169. 
1136. : 41 :  (N.S.)  132. 

1917A,  259. 

1178 32:  (N.S.)1043. 

1183 32:  (N.S.)848. 


22  L.R.A. (N.S.)— cont'd. 

1202 1916C,  740. 

1224 1915B,  1180. 

23  L.R.A.(N.S.) 

123 1916F,  694. 

137 30:(N.S.)211. 

50:(N.S.)252. 

144 1916A,  925. 

147 27:(N.S.)528. 

164 27 :  (N.S.)195. 

171 39:(N.S.)574. 

192 38:  (N.S.)lOl. 

1915C, 877. 
217 31 :  (N.S.)657. 

1918B,  1116. 
289 30:  (N.S.)481. 

39:(N.S.)122. 

43:  (N.S.)  1164. 

1915C, 1184. 

304 1918D,  1014. 

310 37 :  (N.S.)977. 

331 25:  (N.S.)465. 

37:(N.g.)lC3. 

1915A,  369. 
352 29:  (N.S.)635. 

34:  (N.S.)  126. 

1917B,108. 
359 42:  (N.S.)700. 

1918B,  998. 

367 34 :  (N.S.)323. 

410 1915A,320. 

414 1916B,  860. 

436 1918B,  134. 

463 1915E,936. 

474 1918A,767. 

477 1917A,446. 

497 34:  (N.S.)773. 

1917C,  935. 

515 30:  (N.S.)1173. 

531 1918A,  550. 

548 25:  (N.S.)24. 

553 1916D.  1041. 

561 25 :  (N.S.)734. 

35:  (N.S.) 699. 

41:  (N.S.) 307. 

52:  (N.S.) 801. 

1915D,  628. 

1916E,  1225. 
564.' 25:  (N.S.)574. 

1916B,  890. 

601 1917D,  577. 

626 27:(N.S.)287. 

633 47:  (N.S.)1149. 

636 42:  (N.S.)862. 

(exhibition) 1915F,  568. 

(639) 42:(N.S.)862. 

(641) 42:(N.S.)862. 

(643) 42:(N.S.)863. 

648 28:  (N.S.)490. 

29:(N.S.)795. 

41:  (N.S.) 223.' 

673 1918F,  688. 

679 28:  (N.S.)723. 

691 33 :  (N.S.)  325. 

47:  (N.S.) 673. 
726 25:  (N.S.)382. 

42:(N.S.)870. 

739 1916A.  743. 

745 1915A,502. 

751 1917D.813. 

815 52:(N.S.)728. 


TABLE  OF  SUPPLEilE^TED  L.R.A.  NOTES. 


1445 


23  L.R.A.(N.S.)— cont'd. 

824 1915D,  355. 

828 1918A,  J)06. 

834 1916E,  236. 

849 1915C,576. 

870 1918F.  145. 

880 1918A,384. 

891 34:(N.S.)225. 

924 27:  (N.S.)420. 

938 1917C,882. 

946 49:(X.S.)677. 

960 1916F,  1227. 

968 52:(N.S.)275. 

1003 44:  (N.S.)680. 

1916F,  890. 

1010 28 :  (X.S.) 554. 

1014 30:  (N.S.)453. 

1020 29:(X.S.)745. 

1075 41:(N.S.)375. 

1092 33:  (N.S.)1023. 

1918F,811. 

1107 39:  (X.S.)  1085. 

1160 1918C.  78. 

1208 48:(X.S.)373. 

1218 19170,9. 

1228 41:  (X.S.)1119. 

24  L.R.A.(N.S.) 

103 25:  (X.S.)1297. 

.S3:(X.8.)179. 

1917C.  822. 

153 .38:  (X.S.) 459. 

165 49:(X.S.)827. 

173 1915D,  172. 

1917D,938. 

201 .34:  (X.S.) 767. 

246 1917D,  892. 

250 1917D,  892. 

268 28:(X.S.).3.34. 

1917D,  1020. 

276 .52 :  (X.S.)583. 

279 40:(X.S.)1142. 

432 48:  (X.S.)204. 

451 1918F,370. 

458 51 :  (X.S.)45. 

475 1918C373. 

485 r 1915A.247. 

490 51 :  (N.S.)  1069. 

507 50:  (X.S.)1171. 

514 42:(X.S.)379. 

557 25:(X.S.)40. 

38:(X.S.)487. 

42 i  (X.S.)  1178. 

51:(X.S.)990. 

564 47:  (X.S.)  1106. 

577 48:(N.S.)615. 

692  (717) .30:  (N.S.) 666. 

788 1915F,992. 

799 1918D.680. 

913 1916C,  626. 

933 40:(X.S.)473. 

991 34:  (X.S.)1137. 

ini.lC,  839. 

1918D,  1152. 

1024 1916E,  703. 

1155 1917D,  828. 

1159 1915D,  830. 

1182 1915E,  714. 

1257 42:(X.S.)840. 

1917A,  1295. 
1260 34:'(N.S.)1060. 


25  L.R.A.(N.S.) 

1 51:(N.S.)261. 

33 38:(X.S.)973. 

1918E,  121. 

40 38:(X.S.)487. 

42:  (X.S.)  1178. 
51:  (X.S.) 990. 

50 30 :  (X.S.)694. 

44:  (N.S.)  156. 
1916F, 286. 

132 1916B,  651. 

180 52:  (X.S.)943. 

193 34 :  (X.S.) 463. 

1916C,263. 

239 52:  (N.S.)465. 

1918F,  1005. 

247 40 :  ( X.S.) 898. 

257 1917B,  786. 

343 1916F,  570. 

376... 52:(X.S.)230. 

382 42:  (X.S.)870. 

384 1917F,270. 

408 1916C,  1022. 

446 48:  (X.S.)308. 

465 37:  (X.S.)193. 

1915A,  369. 

529 51 :  (X.S.)629. 

542 42:  (X.S.)889. 

574 1916B,  890. 

.596 1915B,  1121. 

631 1917A.  707. 

708 42:(X.S.)624. 

1915F,  1082. 

711 1915F.  1029. 

734 35 :  (X.S.)699. 

41:  (X.S.) 307. 
52:  (X.S.) 801. 
1915D,  628. 
1916E,  1225. 

758 45:  (X.S.)495. 

805 33 :  (X.S.)262. 

831 52:  (X.S.)736. 

840 1915A,  491. 

842 42:  (X.S.)782. 

860 1915B.  353. 

930 47 :  (N.S.)830. 

943 52:(N.S.)722. 

980 .50:  (N.S.) 465. 

1027 42 :  (N.S.) 209. 

1040 33:  (N.S.)336. 

1211 1915D,1211. 

1220 43:  (N.S.)137. 

1918E.  1039. 

1226 31':  (X.S.)455. 

1915C,  758. 

1234 191.5B,  780. 

1285 1916A,  666. 

1297 .33:  (X.S.)  179. 

1917C,  822. 
1308 1915A,77. 

26  L.R.A.(N.S.) 

134 1915E,207. 

171 1915E,788. 

179 28:(N.S.)753. 

43:(N.S.)355. 

189 1916E,582. 

226 1916D,  1078. 

242 35 :  (N.S.)628. 

40:  (N.S.) 893. 

51:  (N.S.) 361. 

1915F, 830. 


144S 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


26  L.RA.(N.S.)— cont'd. 

294 1915B,756. 

315 1915C,345. 

382 33 :  (X.S.)79. 

37:(N.S.)834. 
47:(N.S.)662. 
1916A,957. 

394 1915D,  172. 

1917D,938. 

409 51:(N.S.)71. 

1916F,  113. 

437 36:  (N.S.)72. 

451 30:  (N.8.)990. 

41:(N.S.)123. 
46:(N.S.)148. 

466 1915A,  138. 

483 1917D,  690. 

502 1915E,  264. 

575 34:  (X.S.)762. 

603 1916C,  902, 

923, 
929. 

747 1917B,  214. 

757 1917A.450. 

764 1916A,  1054. 

774 1916A,  1055. 

816 28:  (N.S.)825. 

1917E,  1055. 

895 46 :  (N.S.)759. 

1917B,  974. 

928(940) 34:(N.S.)994. 

44:(X.S.)268. 

953 19180,1137. 

973  (railroads) 1915A,  129. 

993 34:  (X.S.)105. 

1916A,  1218. 

1004 lOlilE,  955. 

1013 30:(X.S.)520. 

1018 1917C,  142. 

1058 1918E,  517. 

1126 1916D,  1063. 

1145 1917F,  393. 

1167 1915D,  983. 

1207 42:  (X.S.)176. 

1916D,  826. 

27  L.R.A.(N.S.) 

1 1915A,444. 

(92) 44:(X.S.)164. 

128 31 :  (X.S.)338. 

157 49 :  (X.S.)600. 

164 50:  (X.S.)929. 

168 37 :  (X.S.)976. 

49:(N.S.)415. 

176 1915E.1163. 

186 191 8C.  1008. 

189 44 :  (X.S.)485. 

209 1918C,  970. 

233 43:  (X.S.)383, 

255 35:  (X.S.)549. 

51:(X.S.)1097. 

273 1916F,  389. 

283 50:  (X.S.)421. 

300 1918A,902. 

308 1918C,  340. 

333 51:  (X.S.)328. 

357 51:(X.S.)1009. 

395 51 :  (N.S.)522. 

1917A,  1285. 

425 1915E,  356. 

446 1916F,  755. 

461 1918D,  794. 


27  L.R.A.(N.S.)— cont'd. 

478 45:  (X.S.)473. 

487 44:  (X..S.)583. 

1918C.  1168. 

508 37:  (X.S.)1196. 

522 1915B.247. 

537 49:(X.S.)67. 

573 inioA,  768. 

620 1918C.438. 

639 49:  (X.S.)927. 

674 1915D,  1086. 

677 1916D,  196. 

684 1915A.91. 

712 1916F,  1259. 

764 37  :  (X.S.)724. 

811 .40:  (X.S.)1059. 

843 1916A,  734. 

864 1915B,  569. 

910 39:  (X.S.)437. 

966 48:  (X.S.)893. 

972 48:  (N.S.)834. 

1009 1916A.  1006. 

1032 52:  (N.S.)919. 

1097 34:  (X.S.)613. 

1117 .39:  (X.S.)72. 

41:(X.S.)473. 
46:(X.S.)921. 

1125 39:(X.S.)43. 

1151 i917C,  245. 

1158 1918B.  123. 

1164 40:  (X.S.)135. 

1174 1918C,  134. 

28  L.R.A.(N.S.) 

1  (51-56,  79) 1916C.  1109, 

1122. 

88 1916F.  1249. 

113 ; 1916B,  812. 

152 1917F,55L 

178 1915B,  740. 

194 46:(X.S.)9. 

200 51 :  (X.S.)309. 

202 39:  (X.S.)1140. 

227 1916A,1213. 

262 43:  (X.S.)734. 

293 44:(X.S.)257. 

50:(X.S.)819. 

327 1915A.  200. 

334 1917D,  1020. 

426 1917A,679. 

463 36:  (X.S.)1152. 

490 29:  (X.S.)795. 

41:(X.S.)223. 

495 1916F,  235. 

522 43 :  (X.S.)  1150. 

536 1916B,  846. 

554 39 :  (N.S.)402. 

1915C, 450. 
566 30:  (XLS.)409. 

1915B,  685. 

572 52:  (N.S.)1158. 

593 32:  (X.S.)240. 

48:(X.S.)1221. 

615 1915F,  1076. 

648 1916D,  301. 

065 1915F,608. 

673 1915C,  359. 

675 1917B,671. 

680 43 :  (X.S.)410. 

753 43:  (X.S.)355. 

757 37 :  (X.S.)1115. 


TABLE  OF  SUPPLEMENTED  L.R.A.  .NOTES. 


1447 


28  L.R. A. (N.S.)— cont'd. 

773 46:(N.S.)357. 

1918F,317. 

785  (825) 1917E,  1055. 

1>34 19160,255. 

959... 38:(N.S.)134. 

985 1918A,  805. 

992 1915D,  852. 

1013 1915E,682. 

1918B,  795. 

1045 41 :  (N.S.)175, 

1053 1915D,  142. 

1093 1918C,  861. 

1108 43:  (K.S.)746. 

1124 1917D,  372. 

1255 49:  (N.S.)517. 

29  L.R.A.  (N.S.) 

49 52:  (N.S.)1032. 

60 38:(N.S.)137. 

63 46:  (N.S.)552. 

1917D,  632. 

100 1915A,  77. 

120 34:  (N.S.)621. 

159 44 :  (N.S.)478. 

174 1916E,  1232. 

180 43 :  (N.S.)  1158. 

1916A,  486. 

190 1917B,782. 

194 1916F,  506. 

199 1915D,  243. 

224 ; 1918B,  606. 

240 52:  (X.S.)266. 

260  (milk) 1917C,  247. 

299 1916E,  1094. 

325 1915B,  166. 

.3.34 19170,447. 

351 44:  (N.S.)395. 

1918F,  1148. 

428 19160,675. 

472 39:(N.S.)324. 

558 ..  „ 49:  (N.S.)764. 

577 41:(N.S.)462. 

635 34:(N.S.)126. 

1917B,  108. 

652 1915E,581. 

663 1915D,547. 

671 1916D,981. 

709 47:(N.S.)173. 

787 1917B,683. 

795 41:(KS.)223. 

802 42:  (N.S.)984. 

808 19160,364. 

823 38:  (N.S.)  1127. 

842 1915A,67. 

887 1915B,884. 

900 47:  (N.S.)693. 

924 46:(N.S.)702. 

1179 42:  (N.S.)320. 

1195 19150, 1189. 

1214 1915D,1077. 

30  L.R.A.(N.S.) 

1 46:(N.S.)1096, 

21 1918B,42.5. 

40 1918B,639. 

60 • 1916B,  792. 

122 1915B,  1149. 

167 47:  (N.S.)  1002. 

19180, 1044. 

211 50:(N.S.)252. 

278 1918F.  IIOL 


30  L.R.A. (N.S.)— cont'd. 

2!)1 42:(X.S.)332. 

319 43:(\.S.)97. 

339 1916A,4«8. 

375 .1916E.  248. 

404 ! .  . .  1917E.  1029. 

409 1915B,  685. 

458 33:  (N.S.)403. 

1918 B. 954. 

462 19161),  8.34. 

465 1918B,  361. 

481 39:  (N.S.)122. 

43:  (N.S.)  1104. 

19150, 1184. 

483 1918F,  1053. 

517 1918A.  80. 

5.52 52:  (N.S.)754. 

580 41 :  (N.S.)1034. 

637 52:  (N.S.)889. 

694 44:  (N.S.)156. 

1916F,  286. 
783 43:  (N.S.)911. 

51:  (N.S.) 958. 
800 40:  (N.S.)832. 

51:(N.S.)337. 

1918D,1141. 

829. 45:  (N.S.)108. 

833 48:  (N.S.)619. 

855 ; 1918B,  811. 

914 1918F.  1082. 

946 51:(N.S.)825. 

957 49 :  (N.S.)  1123. 

1917A,  433. 

1918B, 383. 
990 41:  (N.S.)123. 

46:  (N.S.)  148. 

1001 19170.97. 

1084 51 :  (N.S.)  1082. 

1105 44:(N.S.)609. 

1153 52:  (N.S.)186. 

1192 19150,155. 

1207 48:  (N.S.)531. 

31  L.R.A.  (N.S.) 

116  (117) 51:  (N.S.)  1143. 

132 50:  (N.S.)  1040. 

169 1918F.  1163. 

176 33:  (N.S.)996. 

180 1915A,828. 

278 1915D,  116. 

301 40:  (N.S.) 26.3. 

309 1918A.  756. 

329 43:  (N.S.)63. 

417 1916A.  762. 

423 19170.  626. 

455 19150,758. 

491 •. 1915D,  .300. 

517 191.50,648. 

543 47:(N.S.)710. 

588 50:  (N.S.)1182. 

608 1918A,829. 

619 1916B.  1039. 

625 1918B.  1133. 

657 1918B.  1116. 

667 1915D,962. 

746 1918D,  1041. 

783 34:  (N.S.) 737. 

881 .39:  (N.S.) 580. 

19160, 1269. 

900 1915D,702. 

916 39:  (N.S.)770. 

945 34:  (N.S.)565. 


1448 


TABLE  OF  SUPPLEMENTED  L.R.A.  >>OTES. 


31  L.R.A.(N.S.)— cont'd. 

960 1915F,  866. 

991 1915E,311. 

1118 1915B,486. 

1137 , 50:  (X.S.)566. 

32  L.R.A.(N.S.) 

51 19183,670. 

62 42:(N.S.)1144. 

52:(X.S.)505. 
72 48:  (N.S.)420. 

229 43:  (N.S.)145. 

240 48:  (N.S.)1221. 

'  284 1918B,489. 

303 44:(N.S.)57. 

1916F, 864. 

306 1915D,817. 

313 1916C,G08. 

355 1917F,774. 

505 see  1918F,  941. 

515 51:(X.S.)346. 

526 52:(X.S.)791. 

544 1918A,415. 

559  (566) 41:(X.S.)274. 

588 1916E,905. 

604 1917F,  1064. 

616 47 :  (X.S.)1058. 

622 .1915B,  389. 

713 42:  (X.S.)1070. 

1915F,  690. 

740 1915E,413. 

748 1917E,.391. 

772 1918B,  849. 

785 1917F,  765. 

792 51:(X.S.)778. 

801 1918D.  709. 

809 191oE,  1023. 

841 1915A,  564. 

845 1915B,  189. 

881 :.48:(X.S.)974. 

940 1917E,  861. 

949 1918F,  587. 

968 1915E,  766. 

1034 1915F,  1009. 

1046 38:  (X.S.)982. 

1173 52:(X.S.)241. 

1181 1917F,  1085. 

1186 41 :  (X.S.)407. 

1201 1915E,  668. 

1206    1918F,  555. 

33  L.R.A.(N.S.) 

79 37:(X.S.)834. 

47:(N.S.)662. 

1916A,  957. 
81. 37 :  (X.S.)834. 

47:(X.S.)662. 

1916A,957. 
112 39:  (X.S.)242. 

1915C, 1169. 

1918C, 551. 

179 1917C,822. 

196 47  :  (X.S.) 932. 

207 51 :  (X.S.)369. 

230 45:  (X.S.)228. 

1916C, 676. 

236... 1918D,  339. 

291 1915D,621. 

325 ...47:(X.S.)673. 

386 1918A,  600. 

401 1917C,  252. 

403 1918B,  954. 


I  33  L.R.A.(N.S.)— cont'd. 

426 1915D,  1184. 

513  (insurance) 47:  (X.S.) 294, 

295. 

523 1915C.4.35. 

592 50:  (X.S.)99L 

(602) 44:(X.S.)422. 

632 1916A,474. 

639 1916B,  944. 

646 42:  (X.S.)  1229. 

49:(X.S.)472. 

681 1918B,  662. 

706 38 :  (X.S.)867. 

738 49:(X.S.)132. 

759 43:  (X.S.)994. 

773 1918E,  10.33. 

804 1916F,407. 

883 1915A,  521. 

960 48:  (X.S.)198. 

969 50 :  (X.S.)  195. 

1917B,  15. 

996 1918F.  1045. 

1023 1918F,811. 

1042 1915D,  524. 


34  L.R 

58 
105 
109 

118 
126 
211 
240 
261 
277 
282 
299 
309 
351 
445 
454 
466 
469 
495 
506 
573 
650 
758 
773 
790 
798 


818. 
874. 
924. 

940. 

977. 

984. 

994. 

998. 
1036. 
1080. 
1106 . 
1137. 


A.(N.S.) 

1915B,834, 

1916A,1218. 

52:(X.S.)385. 

1918A,  118. 

1916B,  947. 

1917B,  108. 

1917A,  1016. 

19180,1157. 

38:(X.S.)40. 

1915A,  580. 

1918D,  1032. 

1915E.  320. 

1917D,  657. 

19150,809. 

52:  (X.S.)  1203. 

, ! 1916C,  263. 

50:  (X.S.)  1013. 

1917E.  823. 

1918F, 402. 

52:(X.S.)1038. 

42:(X.S.)720. 

(milk) 1917C.244. 

; 1915E,  161. 

1917C,935. 

1918A.  701. 

48:(X.S.)917. 

1916D,  1224. 
1918E,218. 

1916A,  1273. 

42:(X.S.)793. 

43:(X.S.)13L 

1918E,351. 

1915E.  186. 

1915C, 649. 

19150,649. 

44:(X.S.)268. 

1917A.  1220. 

44:(X.S.)299. 

1917F.  362. 

1915E,421. 

: 19150,8.39. 

1918D.  11.52. 


35  L.R.A.(N.S.) 

1  (64) 1915A,  809. 

167 52:(X.S.)991. 


TABLE  OF  SUPPLEMEATED  L.K.A.  >OTES; 


1449 


35  L.R.A.(N.S.)— cont'd. 

175 1916F,782. 

190 48:  (N.S.)903. 

251 191GD,  143. 

2!)2 lyiTC,  1143. 

385 1917D,  942. 

390 1915B,  472. 

485 49:  (X.S.)147. 

401 40:  (N.S.)464. 

549 51 :  (N.S.)1097. 

5(53 50:  (N.S.)510. 

1916D,  211. 
574  (575) 36:  (N.S.)33. 

42:(N.S.)643. 
628 40:  (N.S.)893. 

51:(N.S.)361. 

1915F, 830. 

660 1918F,  1073. 

699 41 :  (N.S.) 307. 

52:(N.S.)801. 

1915D,  628. 

1916E,  1225. 

787 1917F,  760. 

795 1917D,574. 

802. 41 :  (N.S.)lll. 

51:(N.S.)632. 

1917A,  1260. 

870 1917E,  730. 

879 1917D,  1027. 

979 1916A,  660. 

1046 . 1917A,  62. 

1054 1915A,  789. 

1066 38:  (N.S.)420. 

1079 40:  (N.S.)  1207. 

1918B, 853. 

1084  (1085) 1916C,  570. 

1159 1917D,  976. 

1210 49:  (N.S.)  1108. 

36  L.R.A.(N.S.) 

.33 42:  (N.S.)643. 

50 1915D,  884. 

98  (99, 102) 1915C,  729. 

.115 1917C,  63. 

124 45 :  (N.S.)465. 

185 52:  (N.S.)760. 

208 37:  (N.S.)1191. 

51:  (N.S.) 726. 

240 51 :  (K.S.)319. 

244 1917B,  190. 

308 47:(N.S.)981. 

313 -. 51:  (N.S.)428. 

341 51:  (N.S.)234. 

354 1915D,204. 

530 191513,21.5, 

547.... 19170,128. 

673  (722.) 40:  (X.S.)254. 

866 51:  (X.S.)1040. 

887 .  .; 1918E,  255. 

1915E,  986. 

997 1915B,  134. 

1045 ,52:  (X.S.)402. 

1158 1916F,  1291. 

1194 1915A,  .382. 

1211 51 :  (N.S.)873. 

37  L.R.A.(N.S,) 

12 1917A,  328. 

79 19160,1011, 

193 191.5A,  369. 

206  (207) 1916E,  1163, 

267 1916B,  1183. 


37  L.R.A. (N.S.)— cont'd. 

400 1917D,  821. 

40<) 1915A,  715, 

722. 
440 52:  (N.S.)949, 

191513,322. 

518 1916E,  767, 

539 1915D,  1118. 

560 1915E,287, 

1916F,  704. 

618 19150,  456. 

724 49 :  (N.S.)810, 

1918F,  819. 

754 52:  (N.S.)  1154, 

834 47 :  (N,S.)662, 

1916A,  957, 

877 1917D,316, 

976 49:(N,S.)415, 

1058. 1917E,  437. 

1191 51 :  (X.S.)726. 

1217 1916E,  742. 

38  L.R.A.(N.S,) 

57 1918A,  898. 

62 47:  (N.S.)  1214. 

1918D,  445. 

72 42:  (N.S.)  1073. 

1915F,  698, 

101 19150,877. 

120 ' 1915A,  541. 

146 1917F,603. 

161 1915B,87. 

204 1915B,  1119. 

258 1915B,  1202. 

272 1915D,911. 

366 1918D,  731. 

487 42:  (X.S.)1178. 

51:  (N.S.) 990. 

497 1916E,445. 

508 1915A,  1137. 

559 19150,  870. 

(crim.  con.) 46:  (N.S.)  1084. 

571 1915E,  152. 

588 1916C,6i8. 

714 1918B,  1056. 

847 1917E,372. 

891 51 :  (N.S.)251. 

913 52:  (N.S.)207. 

973 1918E,  121. 

11.39 44:(N.S.)420. 

1195 1917F,597. 

39  L.R.A.(N.S,) 

72 41:(N,S,)473. 

46:(N.S,)921, 
122 43:  (N,S,)1164, 

19150, 1184, 

151 1916D,154, 

242 1915C,  1169. 

19180, 551. 

,350 1915B,  1058, 

370 1915D,  130, 

.374 1916B,974. 

.385 1917B,743. 

402 19150,450. 

411 43:  (N.S.)  954. 

580.. 19160,1269. 

649 19180,1188. 

744 19170,1153. 

747 19150,823. 

847 1918A,65. 

868 1918A,1199. 


1450 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


39  L.R.A.(N.S.)— cont'd. 

878 1918D.529. 

901 1915C,  874. 

933 48:  (X.S.)424. 

938 1918A.  1055. 

988 1915B,  1.54. 

1015 1917D,  586. 

1032 1915A,  606. 

1088 1915C,  328. 

1107 1916C,676. 

1182 1915E,  618. 

40  L.R.A.(N.S.) 

94 1918D,814. 

133 1915C,  605. 

177 1915E,  564. 

360 1917D,732. 

457 44 :  (X.S. )  113. 

51:(N.S.)1164. 

480 1915B,481. 

488 1917B,693. 

498  (after  notice  of  in- 
tention to  quit)  . .  .  .1915A,  235. 

553 1918D,  .538. 

561 1918D,  538. 

585 1916D,  1276. 

684 1918E,917. 

698 1918E,814. 

798 45:  (X.S.)120. 

832 51:  (N.S.)337. 

1918D,  1141. 

893 51 :  (N.S.)36L 

1915P^  830. 
935  (drains  or  sewers)  . .  1915A,  129. 

1095 1915P\  9.55. 

1165 1916F,  86. 

1207 1918B,  853. 

41  L.R.A.(N.S.) 

Ill 51 :  (X.S.) 632. 

1917A,  1260. 

123 46 :  (X.S.)  148. 

132 1917A.  259. 

307 52:(X.S.)801. 

'  1915D,  628. 

1916E,  1225. 

419 1918D.  236. 

473 46:(X.S.)921. 

683 1916B.  827. 

775 50:rX.S.)59. 

1916F,  223. 

1917F.  .365. 

1918F. 297. 

799 1915B,621. 

958 1916E,  280. 

1009 19150,661. 

1213 1917E,  1133. 

42  L.R.A.(N.S.) 

69 1915B,505. 

102 1917B,926. 

106 1917B.926. 

176 1916D,  826. 

267 1915F,973. 

1917D,  756. 

286 1917D,678. 

546 1915A,654. 

555 1918C,  1015. 

624 1915F,  1082. 

700 1918B.998. 

840 1917A,  1295. 

862  (864) 1915F,  568. 

865 1918F,  782. 


42  L.R.A.(N.S.)— cont'd. 

876 48:  (X.S.)8?7. 

915 1915E.460, 

1041 1918D,  819. 

1045 1918D.  974. 

1070 1915F,  690. 

1101 1915A.  694. 

1916E,  1173. 

1123 44:  (X.S.)  1030. 

1915C, 981. 

1144 52:  (X.S.)505. 

1155 1915E,  794. 

1172 1918F,  1030. 

1178 51 :  (X.S.)990. 

1229 49:  (X.S.)472. 

43  L.R.A.(N.S.) 

109 1916A,  717. 

131 1918E,  351. 

137 1918E,  1039. 

162 1915F,  951. 

187 1915F,  1125. 

262 19170,236. 

447 1916E,448. 

725 1916F.  171. 

730 1918E,  296. 

806 1915E,  281. 

862. 1915E,316. 

911 51 :  (N.S.)959. 

916 1917D,627. 

961 1916E,253, 

1037 1915C,  747.      ' 

1066  (1072) 19170,  254. 

1080 1915F,894. 

1128 1918D,  187. 

1158 1916A,  486. 

1164 19150, 1184. 

44  L.R.A.(N.S.) 

57 1916F,864. 

70  (liability  insurance)  51:(N.S.)584. 
1915E,  580. 
1917F,  615. 

(theft) 51 :  (N.S.)  584. 

1915E,  579. 
1917F,  543. 

(accident) 51 :  (X.S.) 583. 

1915E,  575. 

(fire) 51 :  (N.S.)584. 

1915E,  576. 

113 51 :  (N.S.)1164. 

156 1916F,286. 

257 50:  (X.S.)819. 

358  (359) 1918C.  239. 

395 1918F,  1148. 

481 1918E.  579. 

583 1918C.  1168. 

643  (648) 1918D,  274. 

680 ;..1916F.890. 

1030 1915C,  981. 

1069 1915E,  336. 

45  L.R.A.(N.S.) 

228 19160.676. 

314 48:(X.S.)56L 

382 1916B,  6.30. 

391 1916F.  1246. 

404 1918E.  924. 

625 1917B.,3.34. 

629 47:  (X.S.)1167. 


•  TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


1451 


45  L.R.A.(N.S.)— cont'd. 

699 1918A,918. 

726 1918C,  873. 

46  L.R.A.(N.S.) 

260 1918A,398. 

308 1915D,  1095. 

357 1918F,317. 

517 1916D,  1193. 

552 1917D,632. 

561 1918B,565. 

759 1917B,974. 

862 1918F,  1018. 

877 19180,380. 

990 1917A,442. 

1043 1916F,  215. 

1049 50:  (N.S.)489. 

1091 1918D,  924. 

1149 1918E,  937. 

1183 1918E,  416. 

47  L.R.A.(N.S.) 

38 1915C,  47. 

(55  track  repairing) .  19150, 62. 
1918E,  859. 

662 1916A,  957. 

730 1916F,101. 

1002 19180, 1044. 

1087 1915D,  684. 

19180,  220. 
1214 1918D,445. 

48  L.R.A.(N.S.) 

65 1915D,1099. 

213 1916B,  879. 

906 1918F,  510. 

917 1916D,  1224. 

1918E,  218. 
987 19150,48. 

49  L.R.A.(N.S.) 

■i.38 1917F,  1060. 

810 1918F,819. 

1123 1917A,433. 

1918B,  383. 

50  L.R.A.(N.S.) 

59 1916F,223. 

1917F,  365. 

1918F,  297. 

19.-) 1917B,15. 

227 1916D,  1102. 

432 1917D,648. 

510 1916D,211. 

652 1916E,759. 

1917E.  1083. 

808 1918B,  873. 

841 1918F,  1049. 

1100 1916E,  1193. 

19180,  276. 

51  L.R.A.(N.S.) 

68 1916F,  113. 

151 1918F,  169. 

221 1918F,  420. 

337 1918D,  1141. 

361 1915F,830. 

465 1918F.383. 

522 1917A,  1285. 


51  L.R.  A.  (N.S.)— cont'd. 

583  (accident  insurance)  1915E,  575. 

(fire)  1915E,576. 

(theft) 1915E,579. 

1917F,  543. 

(liability) 1915E,  580. 

1917F,  615. 

632 1917A,  1260. 

686 19170,944. 

1918F,  547. 

772 1916B,762. 

1040 1915E,  986. 

1121 19170,363. 

52  L.R.A.(N.S.) 

142 1916B,  1186. 

385 . 1918A,  118. 

465 1918F,  1005. 

574 1916D,832. 

801 1915D,  628. 

1916E,  1225. 
949 1915D,  322. 

L.R.A.1915A. 

671 1918B,64. 

694 1916E,  1173. 

862 1917E,  1137. 

L.R.A.1915B. 

793 19170, 1032. 

834 1916E,716. 

L.R.A.1915C. 

47(62) 1918E,859. 

839 1918D,  1152. 

1169 19180,  551. 

L.R.A.1915D. 

172 1917D,938. 

408 1917  A,  1202. 

628 1916E,  1225. 

684 19180,  220. 

691 1916E,  1295. 

1917F,  384. 
1021 1917D,  693. 

L.R.A.1915E. 

127 1916B,  1021. 

287 1916F,704. 

575  (theft  insurance)  . .  .1917F,  543. 

(liability) 1917F,  615. 

682 1918B,  795. 

800 1918F,  364. 

L.R.A.1915F. 

703 1917B,105. 

840 1916B,  1156. 

1918B,912. 

1918F,  475. 
973  (976) 1917D,  756. 

L.R.A.1916A. 

23 1917D,80. 

(29,227) 1917D,103. 

1918F,  867. 
(38.43,241    weather 

conditions) 1917D,  108. 

1917D,  129. 
1918F,  938. 
(38.  64.  231,  239,  as- 
sault)  1917D,112. 

1917D,  123. 
1918E,  498. 


1452 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


L.R.A.19ieA— cont'd. 

(40,232) 1917D.  114. 

1918F, 896. 
(83,244) 1917D,  135. 

1918E, 556. 
(96,  120,  247,  casual 
employment) 1917D,  147, 

1917D,  151. 

1918F,  215. 
(100,  225) 1917D,  98. 

1918F, 524. 
(113,245) 1917D.  143. 

1918F, 179. 
(115,246) 1917D,  145. 

1918F. 201. 
(121, 248) 1917D,  157. 

1918F,  483. 
(192,216) 1917D,  150. 

1918F, 230. 
289 1917D,  104, 

1917D,  113, 

1917D,  129. 

1918F. 868, 

1918F, 869, 

1918F, 872. 
303 1917D,  108, 

1917D.  111. 

1918F,  869. 

1918F,  873. 
309 1917D,  112. 

1917D,  123. 

1918E,  498. 
314 1917D,  114. 

1918F, 911. 
320 1917D.  120. 

1918F, 906. 
331 1917D,  118. 

1918F,  907. 

347 1918F,  936. 

351 1918F.901. 

355 1917D.133. 

360 1917D,  98. 

1918F, 524. 
365 1917D,  147. 

1918F,  215. 
370 1917D.  162. 

1918F, 491. 

373 1917D.  175. 

387 1917D,  174. 

409 1917D,  51. 

443 1917D,  83. 


L.R.A.1916A— cont'd. 

461 1917D,  85. 

1918C,  450. 
191 8C,  474. 
L.R.A.  1916B. 

1156 1918B.  912. 

1918F.  475. 
L.R.A.1916C. 

227 1918A,231. 

299 1917B.  1229. 

1918B,  455. 
L.R.A.1916D. 

1049  (1050,  interstate)  ..1918C.978. 
1224 1918E.  218. 

L.R.A.1916E. 

640 1918E,92. 

759 1917E.  1083. 

1193 1918C,  276. 

1295 lfll7F,  384. 

L.R.A.1916F. 

223 1917F,  365. 

1918F.  297. 
L.R.A.1917A. 

280 1918E.  361. 

433 1918B.383. 

L.R.A.1917B, 

1229 1918B,455. 

L.R.A.1917C. 

944 1918F.  547. 

L.R.A.1917D. 

80  (86) 19180,450. 

(88) 19180,474. 

(98) 1918F,524. 

(103) 1918F,867. 

(108  weather) 1918F,  936. 

(112  assault) 1918E,  498. 

(114) 1918F,896. 

(135) 1918E,556. 

(143) 1918F,179. 

(145) 1918F,201. 

(147, 151,  casual  em- 
ployment)   1918F, 215. 

(150) 1918F,  230. 

(157) 1918F.483 

L.R.A.1917F. 

365 1918F.  297. 

L.R.A.1918B. 

189 1918E,  809. 

327 1918F,  958. 

912 1918F,  475. 


UI2S6  LIBR-Airt 


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SUPERSEDES  ALI 


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SAVE  TIME 


